A06688	----	Religions complaint to the honourable ladyes of Scotland lamenting for the torne estate of that kirk and kingdome. P. M. 1639 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A06688 STC 17144.5 ESTC S1354 22140583 ocm 22140583 25143 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A06688) Transcribed from: (Early English Books Online ; image set 25143) Images scanned from microfilm: (Early English books, 1475-1640 ; 1731:21) Religions complaint to the honourable ladyes of Scotland lamenting for the torne estate of that kirk and kingdome. P. M. 1 broadside. J. Wreittoun, [Edinburgh : 1639?] In verse. Signed at end: P.M. Imprint suggested by STC (2n ed.). Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Church history -- 17th century -- Poetry. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-10 Elspeth Healey Sampled and proofread 2007-10 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion RELIGIONS COMPLAINT To the honourable Ladyes of Scotland , lamenting for the torne estate of that Kirk and Kingdome . REmark ( Madams , ) remark my mourning mood , I am Religion , who was borne in blood , In blood I grew , and as I first began , I feare my last gasp like the Pelican Shall bee in blood ; for at the Worlds first houre , When on this earth there livde but only foure , Ev'n then for my sake One of that small band , His blood cryde vengeance at my Fathers hand : And then when men increasde and multiplyed , I was by mortalls basely vilifyed , For which it pleasde my Father in his wrath , To send a flood that swallowed up the earth , Eight persons only safe , ( O fearefull cace ) Neglect of mee destroyde all humane race : And yet this hideous deluge in short space , Was streight forgot by mortalls wanting grace . Thereafter for my cause great warres began , That mercilesse and cruell hearted man Did dreg the Infants from their mothers wombes ▪ Made sucklings cradles to become their tombes , Ravishing women , wasting everie Land , Burning faire buildings against Gods command , Defacing Temples , and monuments rare , Acting all wrath without remorse or feare , And let mee ( tender Ladyes ) make complaint , It calmes a wofull heart when woes get vent ) And let mee tell what wrongs , what injuries , What foule disgraces , and what calumnies Which I have suffered , and all those that love My Name ; to heare it , it would quickly move An heart of flinty stone to melt in teares , To retrograde it would compell the spheares , Yea , it would cause the red Sea part asunder , To heare my griefes , which doe surpasse all wonder : And you ( chast Dames ) let teares fall from your eyes , To heare mee tell my dismall Tragedies : When first from Egypt I was put to flight , With six hundreth thousand warriours of might , I was persued by Pharao ▪ where , if I , Had not beene sav'd by God mirac'lously , I had beene perisht : yet in end I ●…and For cursed Egypt a Canaan land : Then was I taken in a litle space By Nebuchadnezer in most base disgrace , And kept in bondage as a lawfull pryse While Zedechiah wanted both his eyes : Then did Antiochus ov'r mee tyrannize , Dischargde my offrings , and my sacrifice . Yea , my owne countrie-men the Iewes , I meane , When as the Saviour of the world was slaine , Gave mee a deadly blow , and for that blow The Romans did their kingdome overthrow , Did make them slaves , and did them all disperse , Like vagabounds throughout this Vniverse . Then after Christ came Arrius with his word , And in my bellie thought to have sheatht his sword , Yea with the venome of his stinking breath , ( I meane his doctrine ) hee infect the earth , Hee kindled such a great combustious fire , That kindoms against kingdoms did conspire , And altars against altars contradicted , And all that lovde mee were with death afflicted , So that in end I was perforc'd to flie From Asia forfeare of crueltie To Europe , where I did in heart suppose , To find safeguard to save mee from my foes , No sooner had I feeble footing got In Europe , but I was constraind to trot , And for to pack mee hence with diligence , For the proud Persians with all violence , The barbarous and bold Arrabians The Ethiopians and Assyrians , This omne-gathrum rout of rudest rascalls , Are cald Saracens the Turks damnde Vassalls , They seazde upon mee under this pretence , To get renowne and high preheminence , To Mahumet , and to his Alcaron , To drowne my Name in deepe oblivion . And had not GOD with Godfrey tane my part , I had beene gone in despite of my heart : At length to Scotland I betooke my self , Where , for three hundreth yeares space and an half , I was most truely both profest and preacht , And to the people most sincerely teacht , While that Rome with her filthie stinking puddle ( For which I still her anathem and wouddle ) Polluted my faire Sanctuaries all , And to blind superstition made mee thrall . Vntill the time brave Knox , my Darling deare , Brought from Geneva reformation heere , And Norman Leslie , everiewhere renownd , Gave Beton for my cause a gasping wound , And ever since I have remainde among you , And for my sake no man had power to wrong you , And whiles the French with the Italian , The Switzer with the loftie proud Alman , The Turk with Christians , Africa with Spaine The Persian with the Turk in high disdaine Wag'd warre : yet still my all-protecting Grace Remaind with you in plentie and in peace : Yet all those straits , and all those torturing tossings , Which I have tryde , Laught them ov'r as sportings ; But now alas , I 'me wounded to the death , Since my defender Charles , my life , my breath , Hath taken armes against you for my sake , My swelling heart will quickly burst and breake , Vnlesse I whisper in his gratious eares , That my meek soule abhorrs all jarrs and w●rrs : I doe not love mad Vulcans reuthlesse thunders , Nor yet no battells massacrizing hunders . An olive branch sent with a Dove of peace , Is all I beg most humbly from his Grace : Both land and people are his owne : and heere Hee was begot , borne , bred for many a yeare , Heere is the roote of all his royall race , Heere rocked in his cradle was his Grace , Heere did your Ladiships with tender hands , Invest his Highnesse in his swadling bands , And heere when as his Grace began to weepe , With sweet balowes you lulld his eyes asleepe , And so it doth surpasse all sense and wit , To think his Grace ●an his own soyle forget , And to storme-foorth his princely wrath on babies , On widowes , orphans , mayds and sakelesse Ladyes ▪ The prudent heathen , ( as records imparts ) Did love their countrie dearer than their hearts : Creta , great Iove did love above all lands , And Iuno lyked Samos fruitlesse sands , Apollo did the flowrie Tenedon Despise : and al 's the zephyrus Claron , But his sweet Delos where Latona lyes Hee loves above all earth beneath the skyes , Vlysses lov'd his Mountaine highland soyle , Ithace , where no pleasure is but toyle . As deare as Creta was to Iovè , wee knoe , As deare as Samos was to rich Iuno , As loving as the kindly Delos bee To bright Apollo : so the same are yee Vnto your Prince : or els I wish a rope Who loves not , may prove their horoscope . Then ( thou IEHOVA ) who all Kings commands ▪ ( For all their hearts are hammer'd by thy hands ) It 's thou that made them Gods on earth , wee ken , Yet thou hast said , that they shall die as men . Teach him to fling Romes frogs , my foes , away And pacifie his royall rage , I pray . By P. M. FINIS . 
A01064	----	A briefe discourse, touching the happie vnion of the kingdomes of England, and Scotland Dedicated in priuate to his Maiestie. Bacon, Francis, 1561-1626. 1603 Approx. 24 KB of XML-encoded text transcribed from 20 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A01064 STC 1117 ESTC S104437 99840175 99840175 4650 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A01064) Transcribed from: (Early English Books Online ; image set 4650) Images scanned from microfilm: (Early English books, 1475-1640 ; 871:04) A briefe discourse, touching the happie vnion of the kingdomes of England, and Scotland Dedicated in priuate to his Maiestie. Bacon, Francis, 1561-1626. [48] p. Printed [by R. Read] for Fœlix Norton, and are to be sold by William Aspley, At London : 1603. By Francis Bacon. Printer's name from STC. Signatures: A-C. The first leaf and the last three leaves are blank. Running title reads: The happy vnion of England and Scotland. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. 2002-03 TCP Assigned for keying and markup 2002-03 SPi Global Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-04 Olivia Bottum Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion A BRIEFE DISCOVRSE , TOVCHING THE HAPPIE VNION OF THE KINGDOMES OF ENGLAND , AND SCOTLAND DEDICATED IN PRIVATE TO HIS MAIESTIE . AT LONDON Printed for Foelix Norton , and are to be sold by William Aspley . 1603. A BRIEFE DIScourse , touching the happy vnion of the Kingdomes of England , and Scotland . DEDICATED IN PRIuate to his MAIESTIE . I DOE not finde it straunge ( excellent King , ) that when Heraclitus , hee that was surnamed the obscure , had set foorth a certaine booke , which is not now extant : many men tooke it for a discourse of Nature , and many others tooke it for a Treatise of Policie , and matter of estate . For , there is a great affinitie and consent , betweene the rules of Nature , and the true rules of Policie : The one being nothing els but an order in the gouernement of the world , and the other an order , in the gouernment of an estate . And therefore , the education and erudition of the Kings of Persia , was in a science , which was termed by a name , then of great reuerence , but now degenerate and taken in ill part . For , the Persian Magicke , which was the secret literature of their Kings , was an obseruation of the contemplation of Nature , and an application thereof to a sense politicke 〈◊〉 taking the fundamentall lawes of Nature , with the branches and passages of them , as an originall , and first modell , whence to take and describe a copie and imitation for gouernement . After this manner , the foresaid Instructors fet before their Kings , the examples of the celestiall bodies , the Sunne , the Moone , and the rest , which haue great glorie and veneration , but no rest or intermission , beeing in a perpetuall office of motion , for the cherishing , in turne , and in course , of inferiour bodyes . Expressing likewise , the true manner of the motions of gouernement , which though they ought to bee swifte and rapide in respect of occasion and dispatche , yet are they to be constant and regular , without wauering or confusion . So did they represent vnto them , how that the Heauens do not inritch themselues by the Earth , and the Seas , nor keepe no dead stocke or vntouched treasure , of that they drawe to them from belowe , but whatsoeuer moysture they doe leuie and take from both the elements in vapours , they doe spend and turne backe againe in showers , onely houlding and storing them vp for a time , to the end to issue and distribute them in season . But chiefely they did expresse and expound vnto them , that fundamentall lawe of Nature , whereby all things doe subsist and are preserued : which is , that euery thing in nature , although it hath his priuate and particular affection and appetite , and doth follow and pursue the same in small moments , and when it is deliuered and freed from more generall and common respects : yet neuerthelesse , when there is question or cause , for the sustaining of the more generall , they forsake their owne particularities and proprieties , and attend and conspire to vphold the publike . So , we see the Yron in small quantitie will ascend and approach to the Load-stone , vpon a particular Sympathie . But , if it bee any quantitie of moment , it leaues his appetite of amity with the Load-stone , and like a good Patriott , falleth to the earth , which is the place and region , of massy bodies . So againe , the water , and other like bodies , doe fall towardes the center of the earth : which is , as was saide , their region or Country . And yet , we see nothing more vsuall , in all water-workes and Ingens , then that the water ( rather then to suffer any distraction , or disunion in Nature , ) will ascend : forsaking the loue to his owne region or Country , and applying it selfe to the body next adioyning . But , it were too large a digression , to proceede to more examples of this kinde . Your Maiesty your selfe , did fall vppon a passage of this Nature , in your gratious speech of thankes vnto your Councell . When acknowledging Princely , their vigilancye and well deseruinges , it pleased you to note , that it was a successe and euent aboue the course of Nature , to haue so great a change , with so great a quiet : forasmuch as suddayne and great mutations , as well in state as in Nature , are rarely without violence and perturbation . So as still I conclude , there is , as was saide , a congruity betweene the principles of Nature , and and of Pollicie . And , least that Instance may seeme to appone to this assertion , I may , euen in that perticular , with your Maiesties fauour , offer vnto you a Type or Patern in Nature much resembling this present euēt in your state : namely earthquakes , which many of them , bring euer much terror and wonder , but no actuall hurt ; the earth trembling for a moment , and sodainely stablishing in perfect quiet , as it was before . This knowledge then , of making the gouernment of the world , a mirror for the gouernement of a state , beeing a wisedome almost lost ( whereof the reason I take to be , because of the difficulty , for one man to imbrace both Philosophies ; ) I haue thought good to make some proofe , ( as farre as my weakenesse , and the straights of time will suffer , ) to reuiue in the handling of one particular wherewith now I most humbly present your Maiesty . For , surely , as hath beene said , it is a forme of discourse , anciently vsed towardes Kings . And , to what King , should it be more proper then to a King , that is studious to conioyne contemplatiue virtue and actiue virtue together . Your Maiesty is the first King , which hath had the honour , to be Lapis angularis , to vnite these two mighty and warlike nations of England and Scotland , vnder one Soueraignety and Monarchy . It dooth not appeare by the recordes and memories , of any true history , nor scarcly by the fiction and pleasure of any fabulous narration , or tradition : that euer , of any antiquity , this Iland of great Brittaine was vnited vnder one King , before this day . And yet , there be no Mountaines or races of hils , there be no seas , or great riuers , there is no diuersity of toung or language , that hath inuited or prouoked this ancient separation , or diuorce . The lot of Spaine was , to haue the seuerall Kingdomes of that continent ( Portugal onely except , ) to be vnited in an age , not long past : and , now in our age , that of Portugal also , which was the last that held out , to bee incorporate with the rest . The lot of France hath beene , much about the same time likewise , to haue reannexed vnto that crowne , the seuerall Duchies and portions , that were in former times dismembred . The lotte of this Iland , is the last reserued for your Maiesties happye times , by the speciall prouidence and fauour of God : who hath brought your Maiesty to this happy coniunction , with great consent of harts , and in the strength of your yeares , and in the maturity of your experience . It resteth therefore , but that , ( as I promised ) I set before your Maiesties Princelye consideration , the grounds of Nature , touching the Vnion and commixture of bodies ; & the correspondence which they haue with the groundes of Pollicie , in the coniunction of states and kingdomes . First therefore that Position , vis vnita fortior , beeing one of the common notions of the minde , needeth not much to be induced or illustrate . We see the Sunne ( when he enters , & while he continues vnder the signe of Leo ) causeth more vehement heates , then when he is in Cancer : what time his beames are neuerthelesse , more perpendicular . The reason whereof , in great part , hath beene truely ascribed , to the coniunction and Corradiation in that place of heauen , of the Sunne , with the foure Starres of the first magnitude , Syrius , Canicula , Cor Leonis , & Cauda Leonis . So , the Moone likewise , by ancient tradition , while she is in the same signe of Leo , is saide to be at the heart , or , to respect the hart . Which is not for any affinity , which that place in heauen can haue , with that part of mans body : But onely , because the Moone is then ( by reason of the coniunction and neerenesse with the starres aforenamed ) in greatest strength of influence : and so worketh vppon that part , in inferiour bodyes , which is most vitall and principall . So , wee see waters and liquors , in small quantity , do easily purrifie and corrupt : but , in large quantity , subsist long , by reason of the strength , they receiue , by Vnion . So , in Earthquakes , the more generall doe little hurt , by reason of the vnited weight , that they offer to subuert : but , narrow and particular Earthquakes , haue many times ouerturned whole townes and Citties . So then , this point touching the force of Vnion is euident . And therefore it is more fitte to speake of the manner of Vnion . Wherein againe , it will not be pertinent , to handle one kinde of Vnion , which is Vnion , by victory : when one body , doth meerely subdue another , and conuerteth the same into his owne Nature , extinguishing and expulsing , what part so euer of it , it cannot ouercome . As , when the fire conuerteth the Wood into fire , purging awaye the Smoake and the Ashes , as vnapt matter to inflame . Or , when the bodye of a liuing creature dooth conuert and assimilate foode and nourishment : purging and expelling whatsoeuer it cannot conuerte . For , these representations doe aunswere in matter of Pollicie , to Vnion of Countreyes by conquest : where the conquering State dooth extinguish , extirpate and expulse any parte of the estate conquered , which it findeth so contrarye , as it cannot alter and conuerte it . And therefore leauing violent Vnions : wee will consider onelye of naturall Vnions . The difference is excellent , which the best obseruers in Nature doe take , betweene Compositio and Miltio ; putting together and mingling . The one beeing but a coniunction of bodyes in place , the other in quality , and consent : the one , the mother of sedition and alteration , the other of peace and continuance : The one rather a confusion , then an Vnion , the other properly a Vnion . Therefore we see those bodies which they call Imperfectè miltio , last not , but are speedily dissolued . For , take for example , Snow or froth , which are Compositions of ayre and water : in them you may behold , how easily they seuer and dissolue , the water closing togeather , and excluding the ayre . So , those three bodies , which the Alchymists doe so much celebrate , as the three principles of things , that is to say , Earth , Water and Oyle , ( which it pleaseth them to terme Salt , Mercury and Sulphur : ) wee see , if they bee vnited onely by composition , or putting togeather , how weakely and rudely they doe incorporate . For , water and earth , make but an vnperfect slime , and , if they be forced togeather by agitation , yet , vpon a little setling , the earth resides in the bottome . So , water and Oyle , though by agitation it be beaten into an Oyntment . Yet , after a little setling , the Oyle will floate vppon the toppe . So as , such vnperfect minglinges , continue no longer , then they are forced : and still in the ende , the worthiest getteth aboue . But , otherwise it is , of perfect mixture . For , wee see those three bodies , of Earth , Water and Oyle ; when they are ioyned in a regetable or Minerall , they are so vnited , as without great subtiltie of Arte , and force of extraction , they cannot bee seperated and reduced into the same simple bodyes againe . So as , the difference betweene Compositio and Mistio , cleerelye set downe is this : That Compositio , is the ioyning or putting togeather of bodyes , without a new Forme : and Mistio , is the ioyning or putting togeather of bodies , vnder a new Forme . For , the new Forme , is Commune Vinculum : and without that , the oulde Formes , will be at striefe and discorde . Now , to reflect this light of Nature , vpon matter of estate : there hath beene put in practise in gouernment , these two seuerall kindes of pollicie , in vniting & conioyning of states & kingdomes . The one to retaine the auncient formes still seuered , and onely conioyned in Soueraingtie ; the other , to superinduce a new forme agreeable and conuenient to the entire estate . The former of these hath beene more vsuall , and is more easie : but the latter , is more happy . For , if a man doe attentiuely reuolue histories of all nations , and iudge truly therevpon : hee will make this conclusion , that there were neuer any State that were good commixtures , but the Romaines : which because it was the best state in the worlde , and is the best example of this pointe , wee will chiefely insist therevpon . In the Antiquities of Rome , Virgill brings in Iupiter , by way of Oracle or perdiction , speaking of the mixture of the Troyans and the Italians : Sermonem ausonij patrium , moresque tenebunt . Vtque est , nomen erit : comisti corpore tantum Subsident Teucri , morem , ritusque sacrorum Adijciam , faciamque omnes vno ore Latinos . Hine genus Ausomo mistum quod sanguine surget , Suprà homines , suprà ire deos pietate videbis Wherein Iupiter maketh a kinde of partition or distribution , that Italy should giue the language and the lawes ; Troye should giue a mixture of men , and some religious rites , and both people should meete in one name of Latines . Soone after the foundation of the Citie of Rome , the people of the Romaines and the Sabines mingled vppon equall termes . Wherin the interchange went so euen , that ( as Liui noteth ) the one nation gaue the name to the place , and the other to the people . For , Rome continued the name : but , the people were called Quirites , which was the Sabine worde deriued of Cures , the countrie of Tacitus . But , that which is chiefly to be noted , in the whole continuance of the Romaine gouernment , they were so liberall of their naturallizations , as in effect , they made perpetuall mixtures . For their manner was , to graunt the same , not onely to particular persons , but to Families and linages : and not onely so , but to whole Citties and Countries . So as , in the end it came to passe , that Rome was Communis patria , as some of the Ciuilians call it . So , we read , that Saint Paul , after he had beene beaten with Roddes , and therevpon charged the Officer with violation of the priuiledge of a Citizen of Rome : the Captaine then sayde to him ; Art thou then a Romaine ? That priuiledge hath cost mee deere ! To whome Saint Paul replyed : But I was so borne . And yet , in another place Saint Paul professeth of himselfe that hee was a Iewe by tribe . So as it is manifest that some of his Ancestors were naturallized , to him and to his descendents . So , wee read , that it was one of the first despights that was done to Iulius Caesar , that whereas hee had obtayned Naturalization for a Cittye in Gaul , one of the Cittizens of that Cittye , was beaten with roddes , by the commaundement of the Consul Marcellus . So wee read in Cornelius Tacitus , that , in the Emperour Claudius time , the nation of Gaul , that part which was called Comata , the wilder part , were suters to bee made capable of the Honours of beeing Senators and Officers of Rome . His wordes are : Cùm de supplendo , Senatu agitaretur , Primoresque Galliae quae Commata appellatur , foedera et Ciuitatem Romanam pridem assecuti , ius adipiscendorum in vrbe honorum expeterent : multus ea super re , variusque rumor , et studijs diuersis apud Principem certabatur : and , in the ende , after long debate , it was ruled , they should be admitted . So likewise , the authoritie of Nicholas Machiauell , seemeth not to bee contemned : who , inquiring of the causes of the growth of the Romaine Empire , dooth giue iudgement , there was not one greater then this , that the state did so easily compound , and incorporate with straungers . It is most true , that most Estates and Kingdomes , haue taken the other course : of which this effect hath followed , that the addition of further Empire and territorie , hath beene rather matter of burden , then matter of strength vnto them ; yea , and further ; it hath kepte aliue the seede and rootes of reuoltes and rebellions , for many ages : As , wee may see in a freshe and notable example of the kingdome of Aragon , which though it were vnited to Castile by mariadge , and not by conquest , and so descended inhereditarie vnion by the space of more then a hundreth years : yet , because it was continued in a diuided gouernement , and not well incorporated and cemented with the other Crownes ; entred into a Rebellion , vpon point of their Fueros , or liberties , now , of very late yeares . Now , to speake briefely , of the seuerall partes of that forme , whereby states and kingdomes are perfectly vnited : they are , besides the soueraignety it selfe , foure in number . Vnion in Name , Vnion in Language , Vnion in Lawes , and Vnion in Employmentes . For Name , though it seeme but a superficiall and outward matter ; yet it carrieth much impression and inchantment . The generall and common name of Grecia , made the Greekes alwayes apt to vnite ( though otherwise full of diuisions amongst themselues : ) against other nations , who they called Barbarous . The He●●●tian name , is no small band to knit together , their leagues and confederacies , the faster . The common name of Spaine , no doubt hath beene a speciall meane of the better Vnion and conglutination , of the seuerall kindomes of Castile , Aragon , Granada , Nauarra , Valencia , Catalonia , and the rest : comprehending also now lately Portugall . For Language , it is not needfull to insist vpon it : because both your Maiesties kingdoms , are of one language , though of seuerall Dialects : and the difference so small betweene them , as promiseth rather an inriching of one Language , then a continuance of two . For lawes , which are the principall Synewes of gouernment , they be of three natures . Iura , which I will terme Freedomes , or abilities , Leges , and Mores . For abilities and Freedoms , they were amongst the Romans ; of foure kindes , or rather degrees Ius Connubij , Ius Ciuitatis , Ius suffragij , and Ius Petitionis , or Ius honorum . Ius Connubij , is a thing , in these times , out of vse . For , marriage is open betweene all diuersity of Nations . Ius Ciuitatis answereth to that we call Denization , or Naturalization . Ius suffragij answereth to voyce in Parliament , or voice in election of such , as haue voyce in Parliament . Ius petitionis , aunswereth to place in Councell and office . And , the Romanes did many times seuer these freedoms , granting Ius connubij , sine Ciuitate , and Ciuitatem sine suffragio , & Suffragium sine Iure petitionis , which was commonly with them the last . For lawes , it is a matter of curiosity and inconuenience , to seeke eyther to extripate all particular customes , or , to draw all subiectes to one place or resort of Iudicature and Session . It sufficeth , there be an vniformity in the Principall and fundamentall Lawes , both Ecclesiasticall and ciuill . For , in this point the rule houldes , which was pronounced by an ancient Father , touching the diuersity of rites in the church . For , finding the vesture of the Queene , ( in the Psalme ) which did prefigure the church , was of diuerse colours : and , finding againe , that Christes Coate was without a seame : hee concludes well , In veste varietas sit , scissura non fit . For Manners , a consent in them is to be sought industriously ; but , not to bee inforced . For , nothing amongst people , breedes so much pertinacie , in houlding their customes , as suddaine and violent offer to remooue them . And , as for Employments ; it is no more , but an indifferent hand , and execution of that verse : Tros , Tyriusué mihi , nulle discrimine agetur . There remaineth onely , to remember out of the grounds of Nature , the two conditions of perfect mixture : whereof the former is Time. For , the naturall Philosophers say well , that compositio , is opus homines : and Mistio , is opus Naturae . For it is the dutie of man , to make a fitte application of bodies together . But , the perfect fermentation and incorporation of them , must bee left to Nature and Time : and vnnaturall hasting thereof , dooth disturbe the worke , and not dispatche it . So , wee see , after the grift is put into the stock , and bound ; it must bee left to Nature and Time , to make that continuum , which was at first but contiguum . And , it is not any continuall pressing , or thrusting together : that will preuent Natures season , but rather hinder it . And so , in liquors , those mixtures which are at the first troubled : growe after cleere and setled , by the benefit of rest and time . The second condition is : that the greater drawe the lesse . So wee see , when two lights doe meete , the greater dooth darken and drowne the lesse . And , when a smaller riuer , runs into a greater , it leeseth both his name and streame . And hereof to conclude , we see an excellent example in the Kingdomes of Iuda and Israel . The Kingdome of Iuda contained two Tribes ; the Kingdome of Israel , contained ten . King Dauid raigned first ouer Iuda , for certaine yeeres : & , after the death of Isbosheth , the sonne of Saul , obtayned likewise the Kingdome of Israel . This vnion continued in him , and likewise in his sonne Salomon , by the space of seuentie yeares at least , betweene them both . But yet , because the seate of the kingdome was kept still in Iuda , and so the lesse sought to drawe the greater ; vppon the first occasion offered , the kingdomes brake againe , and so continued , diuided for euer after . Thus hauing in all humblenesse made oblation vnto your Maiestie of these simple fruites , of my deuotion and studies : I do wish ( and I do wish it , not in the nature of an impossibilitie , to my thinking , ) that this happye vnion of your Maiesties two Kingdomes of England and Scotland ; may bee in as good an houre ; and vnder the like diuine prouidence , as that was , betweene the Romaines and the Sabines . FINIS . 
A11385	----	The complaint of time against the tumultuous and rebellious Scots Sharply inveighing against them (as most justly they deserve) this yeare, 1639. by W.S. Saltonstall, Wye, fl. 1630-1640. 1639 Approx. 13 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A11385 STC 21643.5 ESTC S106432 99842148 99842148 6778 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11385) Transcribed from: (Early English Books Online ; image set 6778) Images scanned from microfilm: (Early English books, 1475-1640 ; 585:16) The complaint of time against the tumultuous and rebellious Scots Sharply inveighing against them (as most justly they deserve) this yeare, 1639. by W.S. Saltonstall, Wye, fl. 1630-1640. [8] p. Printed by B. A[lsop] and T. F[awcet] for Richard Harper in Smithfield, at the Bible and Harpe, London : 1639. W.S. = Wye Saltonstall. Printers' names from STC. In verse. Signatures: A⁴. Formerly STC 21525. Identified as STC 21525 on UMI microfilm. Reproduction of the original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Scotland -- Early works to 1800. England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. 2003-05 TCP Assigned for keying and markup 2003-05 Apex CoVantage Keyed and coded from ProQuest page images 2005-04 Simon Charles Sampled and proofread 2005-04 Simon Charles Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE COMPLAINT OF TIME Against the tumultuous and Rebellious Scots . Sharpely inveighing against them ( as most justly they deserve ) this yeare , 1639. By W. S. LONDON Printed by B. A. and T. F. for Richard Harper in Smithfield , at the Bible and Harpe . 1639. The Grounds and Reasons of Times Complaint against the Rebellious Scots . THis Land ( God be thanked ) is blest in the happy Government of a most gracious King , against whom in despight of Mercy divers aff●onts have lately beene offerd by the Rebellions Scots , who under pretence of Religion would ouerthrow the Hierarchy of the Church , pulling downe the house of God , and building Babels of their owne invention , and man'd with this furious zeale , they have raised great forces , and stand ready armed in the Field to resist the head of the Church in his Dominions our most gracious King CHARLES ; Time therefore hearing how these bold Attempts under the Title of Covenanters bad acted many outrages , entrencht vpon the Kings Soveraigne power , and have hitherto neglected and slighted his Royall authority ; therefore in this complaint of Time some reasons are laid downe . For the Chronicles of this Land due witnesse that Rebels have beene alwayes overthrowne in their designes , and at last met with a deserved Death . Thus Mortimer who rebelled against King Edward the second , and violently tooke away his Queene , was afterwards himselfe taken and beheaded . Also those rude mechannicke Rebels that were led under the conduct of Watt Tiler , Tom Miller , and Iack Strae made a great tumultuous vproare in Kent and Essex , untill Sir William Walworth than Lord Mayor of London did with his Dagger stabbe Iacke Straw in Smith-field , whereupon the Dagger was set in the Armes of London . The rebellion for Perkin Warbek was soone disanimated , and the Imposture discovered , and so likewise Iack Cade and his associates were soone confounded and overthrowne , and punished according to their Deserts . And thus Rebellion is like that Ignis fatuus or that phantastick apparition of fire , which running under hedges doth affright Country-people , but having blazed a while , it is soone dissipated and extinguished . The Scots therefore cannot promise to themselves any better fortune than their rebellious Predecessours , who were soone scatter'd and confounded , and their leaders received condigne punishment . If therefore any precise Humorist that accounts himselfe a transcendant Protestant , and a Goliah in Religion ▪ when indeed he is an Hypocriticall Puritane , if any such doe thinke the complaint of Time against the Scots is too Satyricall ▪ I would have him know , that the Rebellion of the Scots as it is haynous in its owne nature , and deserves a sharpe vindication and revenge , so it also hath cast an aspersion vpon Time , for both the City and Country doe find fault , that it is a very hard , dangerous and doubtfull Time. And some in regard of this unnaturall Rebellion say , Time declines and growes worse , and that many discentions , Divisions and Rebellions shall happen in the old Age of Time , unto all which accusations Time doth make answere with one old ancient Verse ▪ Conscia mens recti famae mendacia ridat . The Conscience that is cleere from spot or stayne , Laughs at the false reports of flying Fame . Time did not cause the Scots rebellious factions , Which breaking forth in Time , Time blames their Actions . THE COMPLAINT OF Time against the tumultuous and rebellious SCOTS . Anno Dom. 1639. AGe now hath silver'd ore the haires of Time , And as I am growne old , so I decline In native goodnes , else what frantick moode Could make the Scots so prodigall of their blood To staine their honour by the Imputation Of tempting their King to high Indignation By being Sonnes of tumult and of thunder ? Time grieves for them , and shooke with holy wonder Admires what Genius leades them on to be Revolters against sacred Majestie , Why they had best attempt if they thinke good To prove themselves of the Gygantick brood Pelion on Ossa hurling up againe , So to invade the high Olimpian name Of love ; for whether wont their boldnesse presse ? Vnlesse the just Revenger send redresse . Time needs not heere from his owne height descend As to make answere to what they pretend In frivolous objections , for what pretence Can heaven allow them for their bold offence ? What have they made such a strange Scrutiny That none but they have found Divinity ? Or have they fanci'd to themselves abstractions Of Angels zeale set forth in divelish actions ? Will they allow unto the King of Heaven No Ceremonies which are duly given Vnto his Majesty , but will bluntly fall Without Ceremony to rebellion all , Must they needs teare the Miter from the head Of Bishops ; what Antipathy is bred Within that Land which doth on England border That they should seeke equality of disorder ? Which alwayes tends to ruine , Nature makes In all her workes a resemblance of Estates , The peacefull Bees have Kings , the Waspes have none , They onely buzze , and sting , and so are gone ; Most perfect Creatures have the truest sence Of Soveraignty and true obedience ; The Hierarchy of Angels still doe cry All prayse and honour be to God on high Whom they obey , and government on Earth From Heaven had originall and birth . And would the Scots thinke by their furious rage . To turne the world into a golden Age As in the Infancy of Time ? Yet then Saturne did raigne , and was obey'd by men , Then Iupiter the ancient world sway'd Whose Soveraignty was generally obey'd ; And Time that measures out the workes of nature From the first being of a formed Creature To thee not being , was at first created By the King of Heaven , and my power is dated And whatsoever is his great Decree I must therein obey his Majesty . But since the Giants warres I was not tooke With greater feare , nor with more horrour strooke Then when lowd Fame did bring unto my Eares The Scots attempt ; I drown'd my cheekes with teares And wisht that I my Patent might resigne Before the world should say that aged Time Had thus produc'd by the seeds of dissention An armed brood of men sprung from contention That in despight of mercy will proceed To court their ruine , and desire to bleed . Is there a Plurisie , and an excesse In Spirituall matters that must find redresse By such a cruell salve ? or doth the Sword More mercy then is vsuall now afford ? And not cut off ill members , will it spare Those who in deepe affronts engaged are Against their Soveraigne ? who did wooe them long By mercy which was powerfull and strong To conquer good minds , but when his Grace found That Balme of mercy could not cure the wound , Then our dread Soveraigne mindfull of his cause , Went downe against those that did flight his lawes Arm'd with his Iustice full of powerfull dread For Kings have Iron hands , though feete of Lead . Now heaven protect him , Time on aged knees Prayes that these waspes which scorne the obedient Bees Though they are gathered into mighty swarmes Yet may bee all compell'd by force of Arm●s To yeeld their stubborne neckes , let Angels drive These waspes away out of the Churches Hive . Who bring no honey , but have often stung Their Mother with contentions from them sprung . Time hath spoke liberally , but now hee 'le stay No correct himselfe , for some perhaps will say That the Scots beare an earnest great affection Vnto my Daughter Truth , by whose direction In her defence this furious course they take For Love of Truth through danger way doth make , But they doe erre herein , for my deere childe And Daughter Truth 's by nature soft and milde . CHRIST was all Truth , yet when hee came to wooe The world to Goodnesse , and the way to shew Vnto all Truth the holy Angels then Sang Peace on Earth , and Goodwill unto men . Can therefore tumult , and the thundring Drum Speake in a language that may well become The wooers of faire Truth ? Or else transported Doe they imagine Truth can thus bee courted ? Me thinkes I see the Angels hide their faces And blush in angry zeale , for their disgraces No thinke the Scots should thinke faire Truth to winne From her most just Defendor , and her King. Me thinkes I see sad Truth kneele downe and speake Her wrongs against them who her Lawes doe breake , Shee pleads for Mercy and doth plead againe And with her Oratory doth enflame The Kings most Royall brest , then having got His Gracious favour , shee tels him the Scot With many shewes of holinesse doth wooe her , Pretends much inward zealous love unto her But yet doth mocke her with a smooth pretence Of Love to colour over his offence ; And then shee wishes shee may never know Heaven if Truth did bid them thus to goe In huddle into Armes , for Truth sayes shee Loves and obeyes your Sacred Majestie ; And all my Precepts say that Kings appeare Like Gods on Earth and his vice-Regents heere ; Then why should they the Truth and you abuse And fasten upon Truth a false excuse ? No 't is their Pollicie that doth extend To use my Name to a prodigious end , And with the veyle of Truth to hide and shrowd Their proud Ambition which walkes in a cloud And like a Piller of fire guides them on Into a Wildernesse of Rebellion . Thus would my Daughter Truth make her complaint 'Gainst the tumultuous Scots that doe so vant In crying up her name , when heaven knowes That Truth was never tooke with feyned showes . Bee dumbe night-Ravens then , and doe not croake To piece up the alleageance you have broke With faire pretences , for old Time doth know You have entrencht on Soveraignty , and doe grow Gyants in your opinion , being so given To furious zeale that you would invade Heaven , Pluck Iupiter out of his Seate , and all Of you would then be Gods in generall . And yet they are but shadowes you pretend While in substantiall matters you offend By fallacie joyning God and King together , And yet will shew obedience unto neither ; There you devide the cause by your affection And distinguish of a limited subjection . Even Nature doth instruct that you should be Subject unto the power of Majestie , And all the workes of nature seeme to speake Hee is a Rebell doth alleagiance breake . Then trust not to your selves , though you are strong , For Heaven will vindicate all Rebellion , And Truth doth say of old , No warres can bee Happie attempted against Soveraigntie . How dare you still persist ; Time bids pull downe Your baffling Flags , and on your knees fall downe , And for your Colours let your blushing cheeke Display them , while you doe for mercy seeke ; If not , then Time doth bid you know bold Scots , Your Vrne is turn'd , and Fate hath shooke your lots , You have betray'd your selves , up English then And shew your courage against those contemne Heaven in their King , O let not his great cause Suffer while they 〈◊〉 his power and Lawes . FINIS . 
A05589	----	A briefe and summarie discourse upon that lamentable and dreadfull disaster at Dunglasse. Anno 1640. the penult of August Collected from the soundest and best instructions, that time and place could certainly affoord, the serious enquirie of the painfull and industrious author. By William Lithgovv. Lithgow, William, 1582-1645? This text is an enriched version of the TCP digital transcription A05589 of text S109472 in the English Short Title Catalog (STC 15708). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 36 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A05589 STC 15708 ESTC S109472 99845119 99845119 10000 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A05589) Transcribed from: (Early English Books Online ; image set 10000) Images scanned from microfilm: (Early English books, 1475-1640 ; 1278:15) A briefe and summarie discourse upon that lamentable and dreadfull disaster at Dunglasse. Anno 1640. the penult of August Collected from the soundest and best instructions, that time and place could certainly affoord, the serious enquirie of the painfull and industrious author. By William Lithgovv. Lithgow, William, 1582-1645? [24] p. Printed by Robert Bryson, Edinburgh : [1640] In verse. Signatures: A-C⁴. Running title reads: Times sorrowfull disaster at Dunglasse. Reproduction of the original in the British Library. eng Scotland -- History -- Charles I, 1625-1649 -- Poetry. A05589 S109472 (STC 15708). civilwar no A briefe and summarie discourse upon that lamentable and dreadfull disaster at Dunglasse. Anno 1640. the penult of August. Collected from th Lithgow, William 1640 6414 9 0 0 0 0 0 14 C The rate of 14 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2003-03 TCP Assigned for keying and markup 2003-04 Aptara Keyed and coded from ProQuest page images 2005-03 Melanie Sanders Sampled and proofread 2005-03 Melanie Sanders Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A Briefe and summarie discourse upon that lamentable and dreadfull disaster at DUNGLASSE . Anno 1640. the penult of August . Collected from the soundest and best instructions , That time and place could certainly affoord , the serious enquirie of the painfull and industrious Author . By WILLIAM LITHGOVV . EDINBURGH , Printed by ROBERT BRYSON . The Argument . WHat mean you Poets now ? where are your verse ? Shall Gallants die ? will you forget their Herse ? Shall after times be robbd , of what disasters Have now falne out ? fye on you Poetasters Why sit you dumb ? or can you not performe So sad a task , on such a grievous storme ? Else gape you for reward , whilst there is none Left to requite you , save your selves alone : This perhaps may stop you , why ? without gains , Prest Penmen shrink , its true , gifts sweeten pains But most men think , pathetick stiles seem hard For some to do , the like hath numbers marrde : Shall I grown old then write ? nay , I must to it , Since you , and your young straines refuse to do it . This work ten months ago , had seen the light , But unperformde promises , bred o'resight . At London , and at home : Should I conceale For blandements , what I 'me bound to reveale , And at my cost dischargde : No , that wer● rare , To see mee court ( Camelion like ) the aire . VVould God like subject , heavens from earth had closde , Then friends nor foes , had grievd , nor yet rejoicde . But all Monarchick Tyme must seal this blow , What we construct , that sequel times may know : Deeds smotherd , lye intombd , thoughts without words , Are dumb mens signes , what our prime light affoords , Is utterance from knowledge ; though now dark times , Shut murder up , closde with perfidious crymes : Nay , what 's not now ? hands , seals , oathes , writs , & vows , Are cancelld , or forsworne ; deceit allows Base falshood , for best truth : ( O treacherous hearts ! ) How shall the heavens revengeus ! on your parts Yet patience crowns our suffrings , and none such But they who can the marke of conscience touch . Then since it s so ; that words and woes agree , Let silence sleep , I le mourne where mourners be . Times sorrovvfull disaster at Dunglasse , containing infallible grounds and reasons , how that most execrable and parracidiall deed was committed . LEt melting flouds , sad silent groaves , and winds Bank-falling brooks , & shril woods that blinds Prest Nymphall lists ; let frowning time , & all The Elements admyre , this monstrous fall , And marveilous mishape , done under tract Of homicide , by an abortive fact : Come let them roare , and rent the azure skies , ( Lamenting this lament ) with shrinking cries , And agitat reports : let ecchoing hills , From their wide sighted tops , rebounding fills , The solitarie plains , with trembling sounds , Of dreadfull Massacres ; gorging stressd bounds , With laborinths of fears ; come spend their time , To sift the Traitour , and that treacherous cryme : Which this black herse averrs : let heavens , and all , That move , and live , within earths massie ball ; Adhere , and witnesse bear , of these disasters , And by their kindes , turne prodigall worne wasters , Of watrie woes : let darkned dens and caves , Steep rocks sunk glens , dead creatures from their graves Shout forth their plaints , sowre stormy showres of grief To plead our pleading losse . And to be brief ; Come soul set mourners , for untimely death , That can expresse your sighes , and panting breath With hollow groanes , come shed with me salt teares , And plunging sobs , for mourning now appeares : Say , if deep sorrow , may from passive mood , Turn watrie woes , in a Palmenian floud : It s more then time , Coepartners had their share , Grim grief is easde , when care reforgeth care , For if the minde ( like to a soul tormented ) Make passion speak , melancholy is vented . What shaking terrour stroke me to the heart , Whilst I conceivd the fact , and saw the part Left desolate and spoild , and so confounded That my forcd cryes , from Ecchoes twice rebounded , Fell flatlings down , where they and I lay so , Alive or dead , I knew not , if , or no : For passion ( like to rapsodies ) subverts The vitall sense , extreames construct our smarts . And none so shallow , but they may conceave That sudden news , if bad , our souls do leave , Laid in a litargie , of sensllesse sleep , Till rouzd , and then pale eyne begin to weep : Such pearling drops , with windy sighs and sobs Heart groaning grief , and Cataphalion blobs , When brust , begets a voice , that voice sad words Which now my self ; to my sought self affords . O fatall stroke ! O dolefull day and houre ! What raging hate , made time to lurk and loure , To murder such brave sparks , ( beside all others ) A noble Lord , two Knights , and two kinde brother All Hammiltons of note ? with many moe , Which in a Catalogue , I will thee show , Placd here at the conclusion , for direction So far by tryall , as I got inspection , VVith cost and toylsome paines : who can deplore Their tragick end ? else who can keep in store Their fatall names ? full threescore young and old , Were killd and quelld , in that unhappie hould ; And smotherd down with stones : like fearfull end Was ne'er heard of : what ? did a cloud portend That blustring blow , which rose on sunday morne , Forth from the sea , and to Dunglasse was borne . O pitifull presage ! which they did see , Yet had no luck , from that hard luck to flee . But what ? who can expresse this grievous act ? Hearts may conceive , what no pen can extract : Some few of all were safe , and onely nine , Of which there two , this mem'rie I propyne ; Young Dalmahoy and happie Prestongrange , Who by heavens marv'lous mercy , in this change Did wondrously escape ; and yet both wounded , Have in that harme , their health again refounded , All thanks to Jove : Lord make them wise to know Their lives sweet safetie , in that dreadfull blow . For in the twinkling of a rolling eye , Their friends and they were severd : But come , see , How all the rest lye shent , some undiscoverd Are there shut up , with heaps of fragments coverd , And bodies torne and crushd : what shall I say ? But curse th' accident , of that dismall day . What , had the destinies , or angrie fates , Crossde constellations , deaths prodigious Mates , Or ominous aspects , self-bloudy Comets , That like prest whirlewindes , their furie vomits , With anxious threats on man , decreed this wonder ! That dye they must , and dye with such a thunder . O sterne mortalitie ! that with their death , Reft blind posteritie , of lookd for breath , And natures tract , for they thryce hopefull Syres , Might have had children to their full desires ▪ Which now we want , whilst they themselves are laid As low as dust , by deaths predom'nant spade . But stay sad soul , what means these heaps of stones , And lumps of walls , spread as confused ones ; Trace here and there : where , when I went a spying , My heart it faild me , and I fell a crying : O Heavens ! ( said I ) how came this deed to passe ? So many Worthies slain , in sackt Dunglasse : For what ? by whom ? what evill had they done ? That one black sudden blast , they could not shun : Wa st their Ancestors fault ? their owne much worse ? Their kinreds guilt or friends ? their childrens curse ? Or hyrelings scourge ? O Heavens will ye conceal This stratagem , and not the truth reveal : If mortall men were angels , we should know The cause , the sin , the Wretch , the hand the blow : But this combustion , ah ! confused tort , Was but a crack : and now to make it short , There 's one suspect'd , and that suspitions true , Actor he was , if done of spight , judge you , As after you shall hear : But I 'le proceed In method and in matter , so take heed . Lo , I have searchd , and tryde , and seen the place , And spoke with some alive ; but for the cace And manner how , they know no more , then they Who never saw 't , so sudden was the fray : That even the thought , of that prepostrous fit , VVas sensible , to have robbd them of their wit , If deeply weighd : as who would from a rock , Leap headlong in the sea , such was that knock , These Innocents receivd : a Lyons heart VVould shake in pieces , to conceive their smart , And short farewell . So quick was their goodnight , Like to a Faulcon in his hungrie flight . That lends the eye a glance , that heart nor minde Can show the like , except the rushing winde . Which forceth me , ( if melting woes may mourne ) Backwards to look , and to my plaints returne : O sad disaster ! so monstrous and cruel , As if hells mouth , had lent the action fewell , Is more then admirable : what flesh can Dascon the fault , and that short fury scan . Afore the floud and after , the like blow Was never heard of , nor no time can show So foule a tragick act : done , and undone , Was both the deed , and dead ; the glimpsing Moone VVas in the wayning hushd , as if the night That followd on , had lost its borrowd light From curling Thetis ▪ Like crack , nor like smoake Made never Strombolo , that burning rock In the Eufemian gulf ; nor Vulcans shop In the Aeolian Iles , can this o'retop , Nor no like furious flame ; nor Aetnaes fire In three set parts , may with this crack aspire , For all its force : was malice so incensde , That neither space nor favour , was propensde To harmelesse honestie . O dreadfull doome ! That with a clap , did threescore lives consume . Or was it so , that flesh and bloud may shrink , To ruminat on them ? or shall we think But our deserts are worse ; the good with bad Do suffer oft , for destinie is mad . Me thinks that hell broke loose , and that the Divell Had got his reynes , the actor of this evill : O divine providence ! how could this be ? VVhen he that 's kept in chains , was now set free Is he not limitd , and thy mighty power Set to controle him , else he vvould devoure Thy Saints , and choicelings , but belike it s so Thou lets him smite , yet sa●es thy people tho : He could not torture Job , without commission Nor yet work here , without thy large permission : Was there no way to death , but by the rage Of a tempestuous sound ? could nought asswage Thine angrie face , O God! but dye they must , And with a violent rapt , be throwne to dust , As Doomesday had been set , to raze the world With twinckling speed , so were they from us hurld . If done in field or battell , it had been No cause of sorrow , lesse of weeping eyne . For Mars conceives no sturt , nor will allow His Darlings should , to peevish wayling bow , Which we must yeeld to : yet if we compare Acts past , with present , this fact must be rare . How Kings were murderd , & their Kingdoms thrown Downe to destruction , is distinctly known By pen and pensile ; and preceeding times Have left to us the reason , and their crymes . Proud Pyrhus with a stone , from a weak hand Lost life and Kingdome , and his great command : And Agamemnon , after ten yeares warres , Returnd ; when done , were vanquisht Phrigian jarres , Was by his page transactd , ( with a back thrust ) From high bred honour , to disdainfull dust . VVhat bloud was shed , in the Pharsalian field , Where Caesar fought with Pompey ; both did weild The accidents of fortune , for they strove To lord the earth , next to imperiall Jove ; Caesar was victor , and that Romane floure Lost all the world , within one dismall houre : Yet Caesar smarts , ( the Fates his doome extend ) He rose with bloud , and made a bloudy end . I will not speak , of Tamberlanes great fight Five hundred thousands , put to death and flight : Nor from the Thebane Captaines will I bring Their bloudy Trophees , nor of Carthage sing , And her subverted Champion ; nor sackt Tyre , Nor Ilions doome , shall my pen set on fire : Nor siege I Jebus , ( Iosephs sacred storie ) Where vanquishd Jews , lost with themselves their glory Nor of the eastern Monarchy I le sing , How Philips son , was made a Persian King , And spread his wings to Ganges ; whence returnde , To Babels delicates ; where fortune spurnd , Against his pride , and by a slave ( made slave ) Was rest , of what he rest , nay , worse the grave . Like instances , I many could produce , But these may serve , for to shut up the sluce : Yet what of all , can all these paralell This horrid murder : No , I will thee tell Like villany and fact , read never man , If with the matter , you the manner scan . Traitours to Castles fled , fraught with dispaire , Have blown themselves , and fortunes in the aire But that was madnesse : Voluntarie acts Are murders , the Devil constructs such facts : But this malheure , ah ! unexpectd disdain , Came thundring forth , and with its crack they 're slaine , A ravishd thing , like to a thought or gleame Of fancies fled ; so was this deed a dream , To sight and swift conceit : O wondrous wonder ! And fearfull blacknesse , of a boystrous thunder , Which rent the clouds : Oh! what shall I report , To correspond this all predominant tort : But stay and muse , on accidents have been , Or voluntary deeds , too often seen ; Crossd ships at sea misled , by chance , or spight , Or for revenge , been vanquishd by strong fight Have blown themselves aloft . Looke for the nones , How men were burnt , and slaine , and drownde at ones : Take here the Popes armado , lately shrunk , Where seas with Papists bloud , were soundly drunk Along the Kentish shoare , till Neptune staggerd , Whilst hyrelings on , his tumbling sides they swaggerd : We thank thee Martin Trump , thou playd a spring On thy great Trumpes , made Tritons dancers sing Spaine and Romes overthrow ; and set us free From their damnd plots , perfidious policie . I will not here insist , although I can Discusse their projects , subject , craft , and man . Then to illustrate all , take Eighty Eight , Take merchant fights , take Pirats , & more slight Take Tartarets and Frigots , you shall see When stressd and claspd , how desperatly they die : This word , Give fire , transcends them through the aire Where with themselves , their foes the like doe share , And seldome failes , unlesse a distance be , The one been sackt , the other back doth flee . VVhat of like accidents , they 're but extreames Forcd on revenge , self-murder crownes their names VVith endlesse torture : But ah ! this deed now done , Can not be matchd , with nought beneath the Sunne . Yet some I le point , to let you see what wounds Depend on Climats , and their sun-scorchd bounds . Then I to Earthquakes come , and deafning thunder , VVhere I le touch three grosse accidents of wonder , At Berat near Castras in Languedock , A thunder bolt upon thee steeple broke ( The folk been fled for safetie to the Church ) Full sixteen hundreds , closd within its Porch ) The steeple ( stroke ) fell down , and with its fall Down came the Church , the tecture , roof , and al VVhich smotherd the whole people : Never one Escapd that roaring shot , save twelve alone That kept at home , been sicklie , agd , and lame , And had no strength , to court this falling frame , This stone-welld town laid waste , the sequel day I came to view it , fearfull was the fray : This thundring blow fell out , on fryday morne One thousand , six hundred , and thirteen worne . From thence to Lombardie , I le quicklie trace , To Pearie , that incorprat haplesse place , Set on the river Ladishae , and closd Between two hills , the Alpes are here disclosde VVhich bend to Rhetiaes land : this citie crownd For Orenge , Fig , and Le●●●n , was renownd : The tenth of August , and on sunday night , At eight a clock , appeard a fearfull sight : An earthquake shook the hill , above , and under : The town streets trembled , like quagmyres asunder : The rock falls from above , the towne it sunk Ingulfd within earths bosome : as it shrunk , There was none savd , not woman , man , nor childe , Nor gold , nor goods , ( the truth been here instyld ) Except a bell , that from the steeple brust , When it was swallowd , with a counter-thrust : The river followd on , and in it run Long five houres space , till all was full , and done Returnd to its own course : the Bell was found On th' other side of Ladish , dasht on ground : Three thousand lives were lost , and ly interrd , VVithin one grave : behold , how fortune errd . Last to Bizantium , I amazed come , To reckon on mishaps , and there 's the summe , In winter ( not in Harv'st the usuall time , When Terramoti court , each parched clyme ) An earthquake movd , and in the town it fals , Near Bosphores side , and razd a myle of wals , Which fencd the place ; and in that glutting downe Three thousand houses , land , and sea did drowne , Which held ten thousand people : but its true , There were few Greeks , the most were Turke and Jew , And so the lesser losse : I will not stand Here to expostulate ( from hand to hand ) How that ground was recoverd ; but it cost The great Turke more , than all was drownd and lost : But for their sepulchre , I daring swear , I never saw the like , as I saw here . Lo , this great judgement fell , in dark December , One thousand six hundred , ten , as I remember . Yet to comment on this , these incidents , Arise as Bassads , from their elements , Of fire , and aire : the one through clouds it brusts , The other choaks it , with retorting gusts : Composde of contraries , lightning , and raine , The former forcd , the sequell addes the straine . The last as reinvestd , in earth is found , When hollow sun-scorchd chinks , divide the ground : The winde rushd in , begets a monstrous birth , That can transplant , or raze mountaines of earth . Townes , forts , or Cittadales , transforme a lake , In heaps of sand ; so , so , the earth can quake : Not done by airt nor hand , or hellish plots , As this abortive deed ( exposd on Scots ) Was by the Devill devisde , he actd his part And causd distress , with groaning Patients smart Done by Ned Paris , arraignd at the Court Of Heaven , and Earth , for this tremenduous tort Enforcd on death . Come let thy ghost appear , To answer for thy fact , that 's sifted here : Wast done of malice ? or of negligence ? If not of purpose , lesse was thine offence ▪ And yet no oversight , nor carelesse minde , Can thee excuse , for that would judgement blind ; No , it s not so , thy bloudy oathes and curses Bewrayd thy drift ; thy foure times mounting horses , That afternoon : and still would flee , yet stayd , The train was laid , but thou the fact delayd , Till thy Lords comming back , with knights and gentry VVherein the inner Court , just at the entrie , To mount the stairs , there , there , thou smote thy maister And many Gallants with that damnd disaster : VVhich in thy looks was seen , ere it was done , Mischief hung in thy face , that after noone , With railing , swearing , cursing , boasting some , ( VVhom thou affectd ) to haste soon to their home : And yet one scapd , whom thy menacing throat Did spur away , the greater his good lot , The stable keeper there , Will Paterson , That did attend thee then , set me this down . But I le come near , and try more strict conclusions , Base mindes ill set , are fosters of confusions ; Then what meant that irne ladle in thine hand Tane from the Kitchin hot ( O hels fyrebrand ! ) VVhence to the magazin , thou kept thy way , VVhere eighteen hundred weight of powder lay , Of which thou hadst the charge , and onely thou Came onely there : what ? did thy Lord bestow On thee that trust , and durst thou play the knave To kill thy Maister : Vile opprobious slave , Mad were thy brains , and still were known for madnesse All times absurd , and rammage in thy badnesse : A great blasphemer of Gods name , and more Thy proverb was , Devill damne me , there 's the gore , That slew thee with that slaughter : O cursde wretch ! And wicked drudge how could thou this way stretch Thy cruel hands , was there no pittie left To save the saiklesse ? was thou so far reft , ( O senselesse sot ) from reason and respect Of men and Maister , that thou wouldst infect The earth and aire with murder : Oft I said To thine and my consorts , this English blade Is neither sound nor civil : O! how can His Lord give trust , to such a frantick man : A daily drunkard , sotting here and there , Led with deboshrie , and infernall care . Another thing condemnes thee , that same night , An houre before the deed , in deep despight , Thou wouldst not give to souldiers , match , nor ball , Nor powder , save two shots : And worst of all These Carabines thou chargd , and didst deliver To Troupers were half chargd : nor seldome ever Had half of them flint stones : their bals were choakd Half ●aches downe , and could not be revokd , Nor shot undread , though time and place cravd aid , Bred from that Barwick fray , was there defrayd . Thy speech disclosd thy spight , thy rammage looke And glooming browes , gave signes ( if not mistook ) Of unafronted drifts : thy grumbling words , And chattring lips , were sharper far then swords , Which erst had been more calme : this tale was thine , Some Scots ere long should smart , as they at Tine , Which wore the Papall badge : vvhich thou performd , Whē that brave house , with thy cursd hāds thou stormd VVhich vvas made knovvn to some three dayes before The deed vvas done , it vvould be done , and more These news from Barwick came , and many heare it , But could not know the manner how to feare it : Which shows it was devisd , and sought , and wrought By Traitours in both lands , ere it was brought To such a dreadfull passe . Had this Wretch livd , Doubtlesse some had , in both the Kingdomes grievd , And lost their Hydra necks : Now I le returne To cavell with the Traitour , and this turne . Thy body in three parts , sore torne was found And one of them thy legge , ●●ich on the ground , Lay twelve weeks hid mongst stones , and this I saw Two Swyne its flesh , from thy cursde bones did gnaw A just and loathsome sight : In thy left hand The irne ladle stuck fast ; the grip and band Was hard and sure , that scarce one man could throw The ladle from thy fingers ; there 's a blow . Would God before Breda , that thou hadst died Three yeares ago , where thou wast vilifyed With every souldier ; then this wofull deed Had not been done , nor such deep grievance spread In honest hearts , O vyle barbarian barbour , And son of a poore Porter , could thou harbour So deadly damnd disdain , as for to kill All kinde of sex , in thy most sceleratill : Nay , could not spare thy self ; had thou no wit To save thy self and flee , when time thought fit . Away unhappie beast , what shall I conster ? But curse thy birth , bred for a murdring monster : Did not thy Maister cloath thee , like a Knight , And stuff thy purse with gold : O thanklesse wight ! His love thy life abusde , whilst drunken snake , The Tavern turnd thy Church ; did thou forsake The law of duetie , but curst Malandrine , Thy brain-sick pate , must run on his ruine . Might not seven yeares twice o're command thy part . To honour his familiar noble heart : Were ever any knew him , but admyrd How his rich minde , was with great gifts inspyrd , And hardinesse of Heart ; Lord W. W. may , Recall that combat , of his vanquishd day : And could this Ruffian , th' abject of a Traitour , Injure so high a sprite , so kynde a Nature . And yet he lives , ( so great was his good name ) Christs Martyr , truths mirrour , faiths soul-plight fame The cause was good he dyed for , but the fact And parracide , was hatefull , here 's the tract . O inhumane ! most execrable deed ! So barbrous neckt , with a Cyclopian head , Framd like Enceladus ; that thrice me thinks , He 's worse than Villane , at this murder winks . What heathnick , or what pagane ? savage bloud What infidel ? could have provd half so rude As this cursde cative , Englands Monster borne , That with the fact , left life and soul forlorne . What Jamnite ? or what Sabunck ? garlick slaves Would not to nature stoupe ? whose light conceaves A tender kindnesse , to conserve the race Of mankinde , Vertue , having the first place : But this Cerberian snake , had no regard To great nor small , like doome was never heard As he decreed : ah ! I want words and breath For to detect this Charon , and their death . But he like Erostratus would aspire , That set Dianas Temple in a fire , To purchase flying fame : So frantick he In this Catastrophe , would living be , Which I adhere to , and for longer time , I le fix on brasse , his filthy fact and cryme . If any be suspectd , more than this wretch , Let justice , and sound judgement to it stretch , And let our Parliament , sift and search out The plot , the man , the guilt , if there be doubt . For common fame I leave 't , and for like torts , Of tortring tongues , I le not build on reports . Why ? that 's absurd to follow flying fame , It s deep experience , reares up truth a Name . Now I le return to my Pathetick style , And mourne with mourning Ladies grievd the while , For losse of their dear husbands ; O pale woe ! When two made one , the knot dissolves in two , Rent by the Fates , egregious whirling rage , And not by frequent death , done by a Page , And quintiscencd Salpeter : O who can ! Their melancholy mindes , in sadnes scan ! Each soul reserves its grief , each hath like losse , For life there 's death , for comfort sorrows cross A common woe ; peculiar to each one Graft , and engraves , a sympathizing moane : First , thou great Dame , thryce noble by thy birth , Sprung from a princely stock : what tongue on earth With words can swage thy woes ? thy sorrows show , From heart-grown grief , that foule pernicious blow , Attachd fore thee : thy face , thy food , thy rest , And sleep denote , how thy sad soul 's opprest With helplesse care : whilst scarcely half a year Did thou enjoy this dearest Jewell , thy Dear : Great was that love , thy loving Hadington Bore to thy soul : thy love again did crowne His fixt respect : By which your tender hearts Knit up in one , made love act both your parts : That Hymen blushd ( the god of sacred rites ) To see how love involvd in one , two sprites : And why ? no wonder , both alike excelld , The one the other , in goodnesse paralelld , He spoke , you smild , he winkd , & you conceivd His mentall scope , what great content receivd Your mutuall intents , whilst demonstration Reciprocat , brought Paphos one oblation : And yet he left thee , not to live alone , But left thee his fair Phenix , being gone . A pledge of comfort , representing still His face , thy stamp , his heart , thy love , his will . O like Penolope ! if thou couldst spinne A daily threed , and that same threed untwinne , Till he turnd back , so that the fates had sworne Thy pennance should be , twentie winters borne , And he redeemd : But stay sad Muse , returne , Galld grief and love , can not together mourne . Two passions , two extreams , and here I finde , They 're violent rapts , in either of each kinde ▪ Away with Didoes stroke , Lucretiaes smart , Faire Hieroes thrust , Palmeniaes fatall dart , Which grim despaire ( not love ) forcd them to act Their self-sought murder , in a tragick fact : Call , call to mind ! Gods providence , and see Nought comes to passe , without heavens high decree , Which mortals must embrace : then Lady spare Thy ruthlesse grief , lay on the Lord thy care . And ye the rest , deare Ladies in your kindes , Let sorrow smart , take comfort , lift your mindes Above all worldly crosses ; you shall see , The length of dayes ; hence soules eternitie In endlesse peace : Cast all your griefe on God , He can release , and chasten , bruise the rod . Lo , deepest streames , in smoothest silence slyde , Whilst Channels roar , so shallow mourners glyde , With words at will , but mighty cares sit dumbe , Like livelesse corps , laid in a livelesse Tombe : Whence moistned vapours , forcd from humid woes Lye in oblivion terrd . And now to close , As quickly went their soules to heaven , we hope , As their lives quickly fled : the traitours scope Was set on murder : but their Angels watchd And caught their sprites , as with a twinkling catchd To Paradise : Where now thrice blest they be , With glorie crownde ; heires of eternitie , And endlesse joyes : for they as Martyres died , And now sweet souls , with triumphs dignified : Set up mongst Hierarchies , of sacred sprites , That to their blest societie , them invites , To seale their Martyredome , in Jesus hand Cled with his righteousnesse : Who can demand A better state ? then face for face , to face , The face of faces , in that glorious place ; Where Saints and Martyres , environing round , The old Eternall , with the joyfull sound Of Aleluhiaes , sing before the throne Holy , holy , Lord , to Heavens holy One , The Lambe of God , hembd in with burning glore , Praise , might , dominion , Majestie , and power : Where they ( thrice hopefull happie ) ever blest , Are crownd and raigne , in long eternall rest . So , so forbear , ye who keep grief in store , Take up your crosse , and for them mourne no more . And now followeth the names of the most part of them that died at Dunglasse , the penult of August , 1640. so farre as possibly the Author could collect by serious instruction , and diverse informations , both of the vulgars , and better sort . THomas Earle of Hadington . Robert Hammilton of Binny his brother . Master Patrick Hammilton , his naturall brother . Sir Alexander Hammilton of Lawfield . Sir John Hammilton of Redhouse . Colonel Erskine , son to John late Earl of Mar. John Keith , son to George late earle Marshall Sir Gideon Baillie of Lochend . Laird of Ingilstoun elder . Laird of Gogor elder . Alexander Moore , heritour of Skimmer . John Gate Minister at Bunckle . Niniane Chirneside in Aberladie . James Sterling Lieutenant . Alexander Cuningham Lieutenant . David Pringle Barbour Chirurgion . Robert Faulconer , Sergeant . George Vach , Haddingtons Purveyer . John White Plaistrer , an English man . William Symington , Lochends servant . George Neilson in Alhamstocks . James Cuningham in Hadington . John Manderstoun . Matthew Forrest . Patrick Batie . Alaster Drummond , alias Gundamore . John Campbell . John Idington . James Foord , John Arnots post boy . John Orre . Andrew Braidie . John Tillidaff . John Keith , a childe . Women five . Margaret Arnot , daughter to the Postmaister at Cockburnspeth . Marjorie Dikson , John Keiths servant . Marion Carnecrosse . Aleison Gray . With twelve bore armes , whose names I could not ken , Souldiers for time , not mercenary men : The rest ( unfound ) ly terrd , corps , clothes , and bones Under huge heaps of glutinated stones . Lo , I have done , as much as lay in me , To try the truth , and blaze it , likes it thee , Imepleasde : if not , a figge for Carpers checks , Whose chattring spight , the rule of reason brecks . And now to close , let Criticks of all ranks , Convince their censures , and yeeld me kinde thanks For what gain I , save labour , pains , and cost , To show the living , how the dead were lost . FINIS . 
A11662	----	Act anent the out comming of horses as well conforme to their rents as voluntiers. Laws, etc. Scotland. This text is an enriched version of the TCP digital transcription A11662 of text S114751 in the English Short Title Catalog (STC 21910.3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A11662 STC 21910.3 ESTC S114751 99849974 99849974 15155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11662) Transcribed from: (Early English Books Online ; image set 15155) Images scanned from microfilm: (Early English books, 1475-1640 ; 1584:04) Act anent the out comming of horses as well conforme to their rents as voluntiers. Laws, etc. Scotland. 1 sheet ([1] p.) By Iames Bryson, Printed at Edinburgh : 1640. Formerly STC 21913. Identified as STC 21913 on UMI microfilm. Reproduction of the original in the Bodleian Library. eng Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A11662 S114751 (STC 21910.3). civilwar no Act anent the out comming of horses, as well conforme to their rents as voluntiers. Scotland 1640 540 1 0 0 0 0 0 19 C The rate of 19 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ACT ANENT THE out comming of Horses , as well conforme to their rents as Voluntiers . AT EDINBVRGH , the last day of Iune 1640. years : These of the Committee appointed by the Estates of Parliament , taking to consideration how the instructions for putting out of Horses may be best effectuate , conforme to the Generall order : Hath appointed and ordained , that every man , as well to Burgh as Landwart , shall send out a sufficient and able Horse and man armed , with Jack , and Lance , or with Pistols , Carobine ; and that according to two thousand markes of rent , conforme to the valuations , which shall be the rule of the Mustars . And siklike , It is appointed , That every Heritour and Tennent shall put out their best and most fitting Horse for that use : Neither shall any man whatsoever , bee suffered to keepe any good and able fit Horses for the Troup at home , but must either send him out as one of their proportion for their rent ; Or otherwise come presently out upon them themselves , or some other friend , as Voluntiers , or otherwise sell them at a reasonable rate for the use of the Countrey . And because Barrons , and Gentle-men of good sort , are the greatest and most powerfull part of the Kingdome , by whose valour the Kingdome hath ever beene defended : Wee doe most earnestly require and expect , that every Barron and Gentle-man of good sort , shall come to the Armie in their owne persons , or at least send their ablest son , brother , or friend . And that all Noble-men , Gentle-men , and others , may bee the better encouraged to come out as Voluntiers in so good a Cause , for maintenance of Religion , and preservation of the Liberties of this ancient and never conquered Kingdome , which wee are all sworne to maintaine . It is earnestly desired , That all brave Caveliers will take the businesse to heart , and consider that now or never is the time to gaine Honour , and Eternall reputation , and to save or losse their Countrie . Like as , It is heereby declared , That who shall so come out as Voluntiers ( havng put out their proportions in good and able Horses as said is ) Shal have libertie to serve upon their owne best Horses themselves as Voluntiers , and shall have corne to their Horses out of the common Magazine , and good quarters for themselves ; And shall not bee put to toilesome watching , or any other troublesome duetie : So that it is hereby declared , that no good Horses shall bee suffered to stay at home upon any kinde of pretext whatsoever ; With certification that these who shall faile in any of the premisses , shall not only b●e censured , as the Committee of Estates shall appoint , but will also bee repute and holden as Loytterers , or averse from the good Cause . Printed at Edinburgh by Iames Bryson , 1640. 
A11663	----	Act anent the inbringing of money Scotland. This text is an enriched version of the TCP digital transcription A11663 of text S969 in the English Short Title Catalog (STC 21910.5). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A11663 STC 21910.5 ESTC S969 23107196 ocm 23107196 26245 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11663) Transcribed from: (Early English Books Online ; image set 26245) Images scanned from microfilm: (Early English books, 1475-1640 ; 1781:4) Act anent the inbringing of money Scotland. 1 broadside. By Iames Bryson, Printed at Edinburgh : 1640. Imperfect: creased and torn with slight loss of print. Reproduction of original in the Henry E. Huntington Library and Art Gallery. eng Money -- Law and legislation -- Scotland. Scotland -- History -- Charles I, 1625-1649. A11663 S969 (STC 21910.5). civilwar no Act anent the inbringing of money. Scotland 1640 1142 28 0 0 0 0 0 245 F The rate of 245 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ACT ANENT THE IN bringing of Money . At EDINBVRGH 〈◊〉 fifteenth day of Iuly16●● yeares : These of the Committee 〈…〉 , poynding , and caption be execute against Collectours ▪ valuers , and others who doeth not their duetie or make payment of their tenth part in manner after specified , viz. 2. Against the Collectours for not making compt , ●eakoning , and payment of what they have received , and giveth not in the names and roll of these who have not payed . 3. Against the Valuers for not valuing , conforme to the said act of Parliament which is either upon the Valuers oathes , or upon the Heri●ours oathes , or upon the Heritours declaration , under their hands , with certification : What they conceale shall be confiscat ; And for not delivery of the saids valuations . 4. Against the not payers of the said tenth part , by apprehending their persons , poynding their owne proper goods , or poynding their ground . 5. And because after all ordinarie meanes are used , to make men pay what is due , yet such is the unwillingnesse and delaying of some , to the evil example of others , that money cometh not in to serve the present time . Therefore it is thought fit for maintenance of the Armie presently on foote , for preservation of the Religion , and liberties of this kingdome : That all those who have any moneys , and shall len the same for the publick use in maner after specified , viz. These within the Shyrefdome of Edinburgh , Hadingtoun , and Linlithgow , within foure dayes after intimation : These of the Shyrefdome of Aire , Stirling , Lanerke , Renfrew , Fyffe , Angus , Perth , Bervicke , Roxburgh , Peibles , and Selkirke , within six dayes after intimation made thereof . And siclike , these of the Shyrefdome of Aberdene , Bamfe , Murray , and Innernesse , within ten dayes after intimation : Such money as shall be so lent , shall be free of any common burthen , by detention of any part of their annuelrent , but shall have their full annuelrent free of any burthen or detention . 6. Secondly , They shall have full annuelrent from the lenning thereof , as the same shal● bee received within the said spaces respective forsaid to the Terme of VVhitsonday nexto-come as for a whole yeare , notwithst●●ding a good part of the Terme is past . 7. Thirdly , They shall have such securitie , as they shall please , designe , or crave themse●ves ; So that what persons they shall crave to bind for what summe they len , shall give their personall bands for the same : And these persons who shall bind to them , shall have the whole Presbyterie or Shyre bound for their reliefe : And the Presbyterie or Shyre shall have the Estate bound to relieve or repay them . 8. And siclike , If it be tryed that any have moneys , and will not len the same ; It is ordained that the act of Parliament bee put to execution against them , especially in that point : That all these who can bee tryed to have money , and will not len the same as said is : The Delatours and finders out , to have the one halfe , and the other halfe to be confiscat for the publicke . 9. And sicklike , It is appointed , That all the Silver-worke , and Gold-worke in Scotland , as well to Burgh as Land wart , as well pertaining to Noble-men , Barrons , and Burgesses , as others of whatsoever degree and quali●●e they be of , be given in to the Committee at Edinburgh , or these they shall appoint to receive the same upon such securitie for rep●yment as the said Committee and they shall agree at the prices following . And for this effect , The Committee of war within each S●yrefdome , and the Magistrats within Burgh , with concurrence of the Ministerie ( who must exhort and give warning out of the Pu●pits to the Paroshioners ) are appointed to call before them any such persons as hath any silver or gold work , that inventar may ●e made of the weight & spaces thereof , and securitie given for the same , with declaration alwayes . Like as it is hereby declare● , That these who have any Silver or Gold worke , which they crave rather to keepe for their owne use , than deliver the same ●o be coyned , shall have power to redeeme the same at the prices following , viz. Fiftie six shillings for the unce of Scots silve● worke , fiftie eight shillings for everie unce of English silver worke ; And thirtie foure pounds six shillings eight pennies for ●very unce of gold : The same beeing either produced before the Committee at Edinburgh , or before the Committee of war in each S●yrefdome , or before the Magistrates of every Burgh , and inventar made thereof , or else declared by the parties under their hands , and money presently payed at the rates and prices foresaid ; For the which money securitie shall bee given for repayment thereof , a●d free of any burthen , as said is . And incase any hath double gilt worke , or curious wrought worke , and can not get m●ney to redeeme them , It is hereby declared , that the said gilt and curious worke beeing delivered to the said Committee , shall ●ot be melted , or disponed upon before the Terme of VVhitsonday next : Betwixt and which time the owner thereof shall have po●er to redeeme the same at the prices foresaid , hee paying alwayes the annuelrent thereof , so long as the same shall lye unredeem●● . And the said silver or gold worke to be all given in , either to the Committee of Estate , or to the Committee of warre within each ●hyrefdome , or Presbyterie , or to the Magistrates of each Burgh , within eight dayes after intimation shall bee made thereof , ●●●her at the severall Market crosses , or by towke of Drum , or by advertisement from the Ministers out of the Pulpits : With certi●●cation , That these who shall not give in or redeemed the said silver 〈◊〉 gilt worke , within the said space , the same shall bee con 〈…〉 i 〈…〉 nt for the publicke use . Printed at Edinburgh by Iames Bryson , 1640. 
A11667	----	Information from the Scottish nation, to all the true English, concerning the present expedition Scotland. Parliament. This text is an enriched version of the TCP digital transcription A11667 of text S1706 in the English Short Title Catalog (STC 21917). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A11667 STC 21917 ESTC S1706 21499703 ocm 21499703 24659 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11667) Transcribed from: (Early English Books Online ; image set 24659) Images scanned from microfilm: (Early English books, 1475-1640 ; 1714:4) Information from the Scottish nation, to all the true English, concerning the present expedition Scotland. Parliament. 1 broadside. R. Bryson?, [Edinburgh : 1640] Imprint suggested by STC (2nd ed.). Reproduction of original in the University of St. Andrews. Library. eng Scotland -- History -- Charles I, 1625-1649. Scotland -- Politics and government -- 1625-1649. A11667 S1706 (STC 21917). civilwar no Information from the Scottish nation, to all the true English, concerning the present expedition Scotland. Parliament 1640 754 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ❧ Information from the Scottish Nation , to all the true English , concerning the present Expedition . OUR distresses in our Religion and Liberties being of late more pressing then we were able to beare ; our Supplications and Commissions , which were the remedies used by us for our reliefe , were after many delayes and repulses , answered at last with the terrors of an Army comming to our borders ; A peace was concluded , but not observed : And when we did complain of the breach , and supplicat for the performance , our Commissioners were hardly intreated ; new and great preparations were made for war ; and many acts of hostility done against us , both by Sea and land . In this case to send new Commissioners or supplications , were against experience , & hopelesse ; To maintain an Army on the borders is above our strength , & cannot be a safety unto us by Sea : To retire homeward , were to call on our Enemies to follow us , & to make our selves & our Countrey , a prey by land , as our Ships & goods are made at Sea . We are therefore constrained at this time to come into England , not to make warre , but for seeking our relief and preservation . Duetie obligeth us to love England as our selves : Your grievances are ours ; The preservation or ruine of Religion & Liberties , is common to both Nations : We must now stand or fall together . Suffer not therefore malice & calumnie to prevaile so far as to perswade , that we come to make warre , Wee call Heaven and Earth to witnesse , that we are far from such intentions , & that we have no purpose to fight , except we be forced , & in our own defence ( as we have more fully expressed in our large Declaration ) we come to get assurance of the injoying of our Religion & Liberties in peace against invasion : and that the authors of all our grievances & yours being tryed in Parliament , & our wrongs redressed , the two Kingdomes may live in greater love & unitie then ever before , which to our common rejoycing , wee may confidently expect from the goodnes of God , if the wicked counsels of Papists , Prelats and other fire-brands their adherents be not more harkned unto , then our true and honest Declarations . And where it may be conceived , that an Army cannot come into England but they will waste & spoile ; We declare , that no Souldiours shall be allowed to commit any out-rage , or do the smallest wrong , but shal be punished with severity : That we shal take neither meat nor drink , nor any thing else , but for our moneyes : & when our moneyes are spent , for sufficient surety , which by publique order shal be given to all such as shall furnish us things necessary . We neither have spared , nor will we spare our pains , fortunes , & lyves in this cause of our assurance & your deliverance : & therefore cannot look from any well-affected to trueth & peace , to be either opposed by force & unjust violence in our peaceable passage , or to be discouraged by wilfull or uncharitable with-holding of meanes for our sustentation on our way . We are brethren : Your worthy Predecessors at the time of Reformation , vouchsafed us their help & assistance . We have for many yeares lived in love : we have common desires of the purity of Religion and quietnes of both Kingdomes : our hopes are to see better dayes in this Iland : our Enemies also are common : Let us not upon their suggestions or our own apprehensions , be friends to them , & enemies to our selves : We desire nothing but what in the like extreamity ( which we pray God your Nation never find ) we would most gladly upon the like Declaration grant unto you , comming with your Supplications to the Kings Majestie , were he living amongst us : and what ye would we should doe unto you , we trust ye will be moved to doe even so unto us , that the blessing of GOD may rest upon both . 
A11655	----	The protestation of the noblemen, barrons, gentlemen, borrowes, ministers, and commons; subscribers of the confession of faith and covenant, lately renewed within the kingdome of Scotland, made at the Mercate Crosse of Edinburgh the 22. of September immediatly after the reading of the proclamation, dated September 9. 1638 Henderson, Alexander, 1583?-1646. 1638 Approx. 43 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A11655 STC 21904 ESTC S100065 99835917 99835917 150 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11655) Transcribed from: (Early English Books Online ; image set 150) Images scanned from microfilm: (Early English books, 1475-1640 ; 1291:05) The protestation of the noblemen, barrons, gentlemen, borrowes, ministers, and commons; subscribers of the confession of faith and covenant, lately renewed within the kingdome of Scotland, made at the Mercate Crosse of Edinburgh the 22. of September immediatly after the reading of the proclamation, dated September 9. 1638 Henderson, Alexander, 1583?-1646. Warriston, Archibald Johnston, Lord, 1611-1663. aut [28] p. Printed [by George Anderson], [Edinburgh] : In the Year of God, 1638. Drawn up by Sir A. Johnson of Warriston and Alexander Henderson.--STC. A2r line 4 from bottom begins: 'liklie'; C2r line 1 begins '(if'. Signatures: A-C⁴ D² . Some print show-through. Reproduction of the original in the Union Theological Seminary (New York, N.Y.). Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland. -- General Assembly -- Early works to 1800. Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2004-03 TCP Assigned for keying and markup 2004-03 Aptara Keyed and coded from ProQuest page images 2004-04 Olivia Bottum Sampled and proofread 2004-04 Olivia Bottum Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE PROTESTATION OF THE NOBLEMEN , BARRONS , GENTLEMEN , BORROWES , MINI STERS , AND COMMONS ; Subscribers of the Confession of Faith and Covenant , lately renewed within the Kingdome of Scotland , made at the Mercate Crosse of Edinburgh the 22. of September immediatly after the reading of the proclamation , dated September 9. 1638. Printed in the year of God , 1638. The Protestation of the Noblemen , Barons , Gentlemen , Borrowes , Ministers , and Commons , &c. WEE Noblemen , Barons , Gentlemen , Burgesses , Ministers , and Commons , His Majesties true and loyall Subjects , that whereas our continuall supplications , complaints , articles , and informations presented first to the Lords of His Majesties privie Counsell , Next , to His sacred Majestie ; and last from time to time to His Majesties Commissionar , our long attendance and great patience this twelve moneth bygone in waiting for satisfaction of our most just desires , Our zeale to remove all rubs out of the way , which were either mentioned unto us , or could be conceaved by us , as hinderances of our pious intentions , aiming at nothing but the good of the Kingdome , and preservation of the Kirk , which by consumption or combustion is liklie to expire ; delighting to use no other meanes but such as are legall , and have beene ordinarie in this Kirk , since the reformation , and labouring according to our power and interesse , that all things might be caried in a peaceable manner worthie of our Profession and Covenant , Our Protestation containing a heartie thanksgiving for what his Majestie in his proclamation from his justice had granted of our just desires ; and our Protests and hopes for somuch as was not as yet granted . All these made us confidentlie to expect from his Majesties royall and compassioned disposition towards this his native kingdome , that a free generall assemblie , and parliament should have beene indicted , as the ordinare and most proper remedies of our greevances , and did constraine us to renew our petition , earnestlie intreating , that His Majesties Commissionar , would be pleased to represent unto His Majestie the condition of this Kirk and kingdome , crying in an extreame exigencie for present helpe , with the lawfulnesse of the remedies prescribed by his Majesties lawes , required by us , and presented to him in some particular articles , which his Grace promised to recommend to his Maiestie , and to doe his best indeavours for obtaining the same ; especiallie the first article , that there might bee indicted a full and free generall assemblie , without prelimitation , either in the constitution and members thereof , in the order and manner of proceeding , or in the matters to be treated : and if there should be any question or doubt about one of these , or such like particulars , that the determination thereof might bee remitted to the assemblie it self , as the only proper and competent judge . And now after so many suplications , complaints , articles , and informations , after our necessarie protestation , expressing the humble thankfulnesse and continued desires of our hearts , after so long expectation and so much dealing , having with open ears , and attentive mindes heard his Majesties proclamation , it is our desire , purpose , and endevour so to proceede , that we may upon the one part still be thankfull to God , and the King , for the least blinke of His Majesties countenance , and the smallest crums of comfort that fall unto us from His Majesties royall hands , beseeching the Lord , yet further to enlarge his Majesties heart , for our full satisfaction , and rejoiceing to the honour of God , the good of this kirk and kingdome , and his Majesties never dying fame and glorie , that his wife government & zeal to the service of God , may be a measure and patern of desires to all generations heereafter , when they shall bee wishing for a religious and righteous King. And on the other part , that Christ our Lord , the King of kings , through our neglect or lukewarmnesse , may want no part of his Soveraignitie and Dominion ; and that in our religion , which is more deare unto us then our lives , we deceive not our selves , with that which can not satisfie , and make up the breach of this kirk and kingdome , or remove our feares , doubts , and suspitions , of the innovations of religion : This hath made us to observe , and perceave , that his Majesties proclamation doeth ascribe all the late distractions of this Kirk and Common-wealth , to our conceaved seares of the innovation of religion and law , as the cause and occasion thereof , and not to the innovations themselves , with which wee have beene for a long time , and especially of late heavily pressed and grieved , as if the cause were rather in apprehension and fancie , then in realitie and substance . That the service book and book of Canons are not so far discharged by this proclamation , as they have beene urged by preceeding proclamations ; for this proclamation onely dischargeth the practice of them , and rescinds the actes made for establishing their practise , but doeth not rescinde the former proclamations , namely that of the 19. of Februar , at Stirling , and that of the fourth of Julie at Edinburgh , which give an high approbation to these books , as fit meanes to maintaine religion , and to beate downe all superstition , and withall , declares his Majesties purpose , to bring them into this kirk in a fair and legall way ; and thus both our feares , that they may be introduced heereafter , must still remaine , and the libertie of the generall Assemblie , by such a declaration of his Majesties judgement , is not a little prejudged , in the mindes of so many as wisely consider , and compare the preceeding proclamations with this which we now hear , although others who looking upon one step , and not upon the whole progresse , run on rashly , and neither considering what they are doing , nor with whom they are dealing , may bee easily deceived , Qui pauca videt , cito judicat , a short sight maketh a suddaine judgement . That it is declared in this proclamation , that His Majestie neither intendeth to innovate any thing in religion or laws , or to admit of any change or alteration in the true religion alreadie established and professed in this kingdome : and withall , this is interposed , that the articles of Pearth are established by the acts of parliament , and generall assemblie , and dispensation of the practice only granted , and discharge given , that no person be urged with the practice thereof ; and consequently , His Majesties intention for the standing of the acts of the Assemblie and Parliament , appointing the articles of Pearth , is manifest , which is no small prejudice to the freedome of the generall Assemblie , That while the Proclamation ordaineth all his Majesties subjects to be lyable to the tryall and censure of the Judicatories competent , and that none of them shall use any unlimited and unwarranted power ; likewise that no other oath bee administred to Ministers at their entrie , then that which is conteined in the Act of Parliament , in both these articles the bishops are meaned , who are only thereby for the present curbed , against their exorbitancie and enormities , in exercing their office ; but the office of bishops is thereby not only presupposed as it questionable , but also so strongly established , that His Maiestie declareth for the present his intention , to admit no innovation therein , which is more evident by the indiction of the Parliament , warning all prelats to bee present , as having voice and place in Parliament : and by the indiction of the assemblie , warning all archbishops and bishops ( for so are their diverse degrees and offices Ecclesiasticall here designed and supposed ) to bee present ; as having place and voice in the Assemblie , contrare to the caveats , acts of the Kirk , and our declinator ; and thus a third and great limitation is put upon the generall Assemblie . The Proclamation by reason of these many reall limitations , and preiudices of the libertie of the Assemblie in the very points , which have wrought so much woe and disturbance in this Kirk and Kingdome , and wherein the libertie of the Assemblie is most usefull and necessarie at this time , can neither satisfie our grievances and complaints , nor remove our feares and doubts , nor can not without protestation bee admitted by us his Maiesties subiects , who earnestly desire that Trueth and Peace may bee established , and that for the reasons following , 1. TO keepe silence in any thing , that may serve for the good of the Kirk , whether it bee in preaching , prayer , or in proposing , and voiceing in a lawfull Assemblie of the Kirk , is against the word of God , Esai . 62. 6. Yee that are the Lords remembranceers , keepe not silence , and give him no rest , till he establish , and till hee make Ierusalem a praise in the earth : 1 King. 18. 21. Like the halting of the people betweene two opinions , and their not answering a word , when the LORD called them to give a testimonie ; Act. 20. 20. I have keeped backe nothing that was profitable unto you : And againe , 1 Cor. 12. 7. Math. 15. 18. Rom. 1. 18. Revel . 2. 14. 20. and 3. 15 , and therefore to keepe silence , or not to medle with corruptions , whether in doctrine , sacraments , worship , or discipline , in a generall Assemblie of the Kirk , conveened for that end , were the readie way to move the Lord to deny his Spirit unto us , and to provoke him to wrath against our proceedings , and might be imputed unto us for preiudice , for collusion , and for betraying our selves , and the posteritie . 2. This predetermination is against our supplications , and protestations , wherein wee have showne our selves so earnest for a free generall Assemblie , contrare to every limitation of this kinde , so far preiudging the libertie thereof , is against the Confession of Faith , registrated in the Parliament 1567. declaring , that one cause of the councels of the Kirk is for good policie and order to bee observed in the Kirk , and for to change such things as men have devised , when they rather foster superstition then edifie the Kirk , using the same , and is against our late Confession , wherein wee have promised to forbeare all novations till they bee tryed , which obligeth us to forebeare now , and to trye them in an Assembly & by all lawfull meanes to labour to recover the former puriue and libertie of the Gospell to which this limitation is directly repugnant , our libertie in agenerall assembly beeing the principall of all lawfull meanes serving to that end . 3 , This were directly contrarie to the nature and ends of a generall assembly , which having authority from GOD , beeing conveened according to the lawes of the Kingdome , and receiving power from the whole collective bodie of the Kirk , for the good of Religion , and safety of the Kirke ; What-so-ever maye conduce for these good ends in wisedome and modestie should bee proponed , examined , and determined without Prelimitation , either of the matters to be treated , or of the libertie of the members thereof . It beeing manifest , that as farre as the assembly is limited in the matters to bee treated , and in the members to bee used , the necessarie ends of the Assembly , and the supreme Law , which is the safetie of the Kirk , are as farre hindered , and prejudged . This limitation is against the Discipline of the Kirk , which booke 2. chap. 7. declareth this to be one of her liberties , That the Assembly hath power to abrogate and abolish all Statuts and ordinances concerning ecclesiasticall matters that are found noysome and unprofitable and agree not with the time , or are abused by the people , and against the acts of the generall assembly . Like as the pretended Assembly 1610. declareth for the common affaires of the Kirke ( without exception or limitation ) it is necessare that there bee yearely generall Assemblies , And what order can bee hoped for heere-after if this assembly indicted after so long intermission , and so many grosse corruptions bee limited , and that more than ever any lawfull Assembly of the Kirk was , when it was yearely observed . 5. It is ordained in Parl. 11. act 40. K. Iames 6. anent the necessare and lawfull forme of all Parliaments that nothing shall bee done , or commanded to bee done , which maye directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates , or any of them in time comming . It is also appointed in Parl. 6 : act 92. K. Iames 6. that the Lordes of Counsell and Session proceed in all civill causes intended or depending before them , or to bee intended , to cause execute their decrees notwithstanding any private wryting , charge , or command in the contrare , and generally by the acts of Parliament appointing everie matter for its owne judicatorie , and to all judicatories their owne freedome . And therefore much more doeth this libertie belong to the supreme judicatorie ecclesiastick in matters so important as concerneth GOD'S honour and worship immediatly , the salvation of the peoples Soules & right constitution of the Kirk whose liberties & priledges are confirmed Parl. 12. K. Iames. 6. Parl. 1. K. Charles . ▪ for if it be carefully provided by diverse Acts of Parliament , especially Parl. 12. act 148. K. Iames 6. That there bee no forstalling or regrating of thinges pertaining to this naturall life : What shall bee thought of this spirituall forstalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward . 6. It were contrare to our Protestations , proceedings and complaints against the late innovations . And it might bee accompted an innovation and usurpation as grosse and dangerous to us , and the posteritie , and as prejudiciall to Religion as any complained upon by us , to admitt limitations , and secret or open determinations , which belongeth to no person or judicatorie , but to an Asembly , Or to consent to , and approve by our silence the same praedeterminations It were to be guiltie of that our selves , which we cōdemne in others Wee maye easilye judge how the Apostles before the Counsell of Ierusalem , the Fathers bee fore the Nicene Councell , and our Predecessors before the assembly ▪ holden at the Reformation , and afterwards would have taken such dealing . That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 and afterward . And reqyreth the Lords of privie Counsell to take such course anent the same , and the generall Band of Maintenance of the true Religion , and the Kings person , that it may bee subscribed , and renewed throughout the whole Kingdome with all possible diligence , which cannot now be performed by us . For although of late wee would have beene glad that our selves and other his Majesties Subjects had beene commanded by authoritie to sweare , and subscribe the generall Confession of Faith against Popish errous , and superstitions : and now would bee glad that all others should joyne with us in our late Couenant and Confession , descending more specially to the novations and errours of the time , and obliging us to the defence of Religion ; & of the Kings Majesties person , and authoritie , and for these endes to the mutuall defence everie one of us of another , Yet can wee not nowe after so necessarie . and so solemne a specification returne to the generall for the reasons following . 1. No meanes have beene left unassayed against our late Confession of Faith and Covenant so solemnely sworne and subscribed . For first wee were prest with the rendering and rescinding of our Covenant . Next an alteration in some substantiall pointes was urged , 3 , a Declaration was motioned , which tended to the enervation thereof , and now wee finde in the same straine , that wee are put to a new tryall , and the last meane is used more subtile than the former : That by this new subscription our late Covenant , & Confession maye bee quite absorbed and buried in oblivion , that where it was intended and sworne to bee an everlasting Covenant never to bee forgotten , it shall bee never more remembred , the one shall bee cryed up , and the other drowned in the noyse thereof , And thus the new subscription now urged ( although in a different waye ) shall prove equivalent to the rendering of the Covenant , or what of that kinde hath before beene assayed . Like as the reasons against the rendering of the Covenant , doe militate directly against this new motion . 3. If we should now enter upon this new Subscription , wee would thinke our selves guiltie of mocking God , and taking his Name in vaine , for the tears that began to be poured forth at the solemnizing of the Covenant are not yet dryed up & wyped away , & the joyfull noyse which then began to sound hath not yet ceased ▪ and there can bee no new necessitie from us , and upon our part pretended for a ground of urging this new subscription , at first intended to be an abjuration of Popery upon us who are knowne to hate poperie with an unfained hatred , and have all this yeere bygone given large testimonie of our zeale against it . As wee are not to multiply miracles upō Gods part , so ought wee not to multiplie solemne oathes and Covenants upon our part , and thus to play with oathes , as children doe with their toyes , without necessitie . 3. Neither would wee in giving way to this new subscription think our selves free of perjurie : for as wee were driven by an undeclinable necessitie to enter into a mutuall Covenant , so are wee bound , not onely by the law of GOD and nature , but by our solemne oath and subscription , against all divisive motions to promove and observe the same without violation : and it is most manifest , that having already refused to render , alter , or destroye our Covenant , nothing can bee more contrarie and adverse to our pious intentions and sincere resolutions , than to consent to such a subscription and oath , as both in the intention of the urgers , and in the nature and condition of the matter urged , is the readie waye to extinguish , and to drowne in oblivion the Band of our union and conjunction that they bee no more remembred . In this case we are called to lay seriously to our hearts . 1 , That wee have sworne that wee shall neither directly , nor iudirectly suffer our selves to bee divided and with-drawne from this blessed & loyall conjunction , which consisteth not only in the generall Confession but also in our explanation , and application thereof , but on the contrarie , shall by all lawfull meanes , labour to further and promove the same . 2. That our union and conjunction may bee observed without violation , ( and so without mutilation of our application ) wee call the living LORD to witnesse , as wee shall answere to Christ in the great Day , &c. 4. This new subscription , in stead of performing our vowes , would be a reall testimonie and confession before the World , That wee have beene transgressours in making rash vowes , that wee repent our selves of former zeale and fordwardnesse against the particulars exprest first in our Supplications , Complaints , and Protestations , & next abjured in our Covenant , that wee in our iudgment prefer the general Confession unto this , which necessarly was now made more speciall ; & that we are now under the fair pretext and honest cover of a new oath recanting and undoing that , which upon so mature deliberation wee have beene doing before , This beside all other evills , were to make waye and open a doore to the re-entry of the particulars abjured , and to repent our selves of our chiefest consolations , and to lie both against God and our owne soules . 5. It hath beene often objected , that our Confession of faith , and Covenant was unlawfull , because it wanted the warrants of publick authoritie , and it hath beene answered by us , that wee were not destitute of the warrant civill and ecclesiasticall which authorized the former Covenant . And although wee could have wished that his Majestie had added both his subscription and authoritie unto it , yet the lesse constraint from authoritie and the more libertie , the lesse hypocrisie , and more sinceritie hath appeared : But by this new subscription urged by authoritie wee both condemne our former subscription as unlawfull . because alleadged to bee done without authoritie , and precondemne also the lyke laudable course in the like necessitie to bee taken by the posteritie , 6. What is the use of merch-stones upon borders of Lands , the like use hath Confessions of Faith in the Kirke , To disterminate and divide betwixt Trueth and errour : and the renewing and applying of Confessions of Faith to the present errours and corruptions , are not unlike ryding of merches And therfore to content our selves with the generall , and ro returne to it , from the particulare application of the Confession necessarlye made upon the invasion or creeping in of errours within the borders of the Kirke , if it bee not a removeing of the merch stone from the owne place , It is at least the hyding of the merch in the ground that it bee not seene , which at this time were verie unseasonable for two causes . One is ▪ because Poperie is so pregnant , and powerfull in this land , as wee have learned of late . The other , because the Papists who upon the urging of the Service booke , and Canons , 〈…〉 of our returne to Rome , will upon this our subscription aryse from their dispareing of us , unto their 〈◊〉 presumption . None of us will denye , but the 〈◊〉 Confessionn of Faith registrated in the Acts of Parliament , doeth by consequence containe this short confession and abjuration : Yet were it not sufficient against Poperye to subscribe the one without the other . how then shall wee thinke that the more generall Confession and abjuration at this time , when the urging of such Popish books hath extorted from us so necessarie an application , and doth still call for a testimonie , to bee compleet eneugh without it . 7. The Papists shall heereby bee occasioned to renew their old objection against us , Annuas & menstruas sides de Deo decernunt . That our Faith changeth with the Moone , or once in the yeere . Other reformed Kirkes might justly wonder at our inconstancie in changing our Confession without any reall necessitie , & that in one & the same yere it commeth forth larger , & more particulare , then shorter , and more generall : and our Adversaries will not faile to traduce us as troublers of the peace of the Kirke and Kingdome without anye necessar cause . 8. It will likewise prove a confirmation of their errour , who think they maye both subscribe the Confession of Faith , and receive the Service booke , and Canons , which is not onely a direct scandaling of them , but also a readie waye to put a weapon in their hands against our selves , who maintaine and professe that these and such other evills are abjured in the Confession of Faith. 9. It wee should now sweare this Confession wee should bee obliged by our oath to maintaine Perth articles , which are the innovations already introduced in the worship of God , and to maintaine Episco pacie , with the civill places , and power of Kirkmen . Because wee are bound to sweare this Confession by vertue of and conforme unto the Kings command signed by his sacred Majestie of the date September 9. 1638. ( These are the very words subjoined to the Confession and Band , and prefixed to the Subscriptions ) and it cannot bee denyed , but any oath ministred unto us , must either bee refused ; or else taken according to the known minde , professed intention , and expresse command of Authoritie urging the same : And it is most manifest , that His Majesties minde , intention , and Commandement , is no other , but that the Confession bee sworne , fot the maintenance of religion , as it is alreadie or presently professed , ( these two being coincident , altogether one and the same , not only in our common forme of speaking , but in all His Maiesties proclamations ) and thus as it includeth , and conteineth within the compasse thereof , the foresaids novations and Episcopacie , which under that name were also ratified , in the first Parliament holden by his Maiestie . And where it may be objected , that the Counsellours have subscribed the Confession of Faith , as it was professed 1580. and will not urge the Subscription in an other sense upon the Subjects . We answere , First , the Act of Counsell containing that declaration , is not as yet published by Proclamation . Secondly , if it were so published , it behooved of necessitie either be repugnant to His Majesties declared Judgement and Command , which is more not to sweare without warrand from Authoritie ( a fault although unjustly often objected unto us ) or else wee must affirme the Religion in the yeare 1580. and at this time to bee altogether one and the same ▪ and thus must acknowledge , that there is no novation of Religion , which were a formall contradiction to that we have sworn . 3. By approving the Proclamation anent the Oath to be administred to Ministers , according to the Act of Parliament , which is to sweare simple obedience to the Diocesan Bishop , and by warning all Archbishops and Bishops to bee present ; as having voice and place in the Assemblie : They seeme to determine , that in their Judgement the Confession of Faith , as it was professed 1580. doeth consist with Episcopacie , whereas Wee by our oath have referred the tryall of this or any other question of that kinde to the generall Assemblie and Parliament . 10. This Subscription and oath in the minde and intention of authoritie , and consequently in our swearing thereof , may consist with the corruptions of the Service book and Canons , which wee have abjured as other heads of Poperie : For both this present proclamation , and his Majesties former proclamations at Linlithgow , Striveling , Edinburgh ; The Lords of privie Counsell in their approbation of the same ; and the prelates and doctors who stand for the Service book and Canons , Doe all speake plainly , or import so much , That these bookes are not repugnant to the Confession of Faith , and that the introduceing of them is no novation of religion or law : And therefore wee must either refuse to subscribe now , or we must confesse contrarie to our late Oath , and to a cleare Trueth , that the Service booke and Canons are no innovations in Religion . And , although the present bookes bee discharged by proclamation , yet if wee shall by any deed of our owne testifie , that they may consist with our Confession of Faith , within a very short time , either the same books , or some other like unto them , with some small change , may bee obtruded upon us , who by Our abjuration ( if wee adhere unto it ) have fred both our selves , and the posteritie of all such corruptions , and have laide a faire foundation for the pure worship of God in all time coming . 11. Although there be indeed no substantiall difference betweene that which Wee have subscribed , and the Confession subscribed 1580. more then there is betweene that which is hid , and that which is revealed . A march stone hid in the ground , and uncovered , betwixt the hand closed and open , betwixt a sword scheathed and drawn , or betwixt the large Confession , registrat in the Acts of Parliament , and the short Confession , or ( if we may with reverence ascend yet higher ) betweene the Old Testament and the New , yet as to scheath our sword when it should bee drawne , were imprudencie ; or at the commandment of Princes , professedly popish in their dominions , after the Subjects had subscribed both Confessions , to subscribe the first without the second ▪ or at the will of a Jewish Magistrate , openly denying the New Testament , to subscribe the Old alone , after that they have subscribed both , were horrible impietie against God , and treacherie against the Trueth : Right so , for Us to subscribe the former a-part , as it is now urged and framed , without the explanation and application thereof at this time , when ours is rejected ; and the subscribers of the former refuse to subscribe ours , as containing something substantially different , and urge the former upon us , as different from ours , and not expressing the speciall abjuration of the evils , supplicated against by us , were nothing else , but to deny and part from our former subscription , if not formally , yet interpretatively . Old Eleazar , who would not seeme to eat forbidden meat , and the Confessors and Martyres of old , who would not seeme by delivering some of their papers , to render the Bible , or to deny the Trueth , may teach us our duetie in this case , although our lives were in hazard for refusing this Subscription : And who knoweth , but the LORD ▪ may bee calling His people now , who have proceeded so farre in professing His Trueth at this time , to such Trials and Confessions , as His faithfull Witnesses have given of old ; that in this point also our doing may bee a document both to the succeeding ages , and to other Kirks to whom for the present wee are made a spectacle . 12. If any bee so forgetfull of his oath ( which God forbid ) as to subscribe this Confession , as it is now urged , he doeth according to the proclamation acquiesce in this declaration of his Majesties will , and doeth accept of such a pardon as hath need to bee ratified in parliament , And thus doeth turn our glorie unto shame , by confessing our guiltinesse , where God from Heaven hath made us guiltlesse , and by the fire of His Spirit from Heaven hath accepted of our service , And doeth depart from the commandement of God , the practise of the Godly in former times , and the worthie and laudable example of our worthie and religious progenitours , in obedience whereof , and conforme to which Wee made profession to subscribe : for there is no particular Act required of us , to whom the pardon is presented in this proclamation , but this new Subscription allanerlie . 13 , The generall band now urged to be subscribed , as it containeth many clauses not so fitting the present time as that wherein it was subscribed , so is it deficient in a point , at this time most necessarie , Of the reformation of our lives , that we shall answerablie to our profession , be examples to others , of all Godlinesse , sobernesse and righteousnesse and of every duetie wee ow to GOD and man ; without which we can not now subscribe this Confession , least we loose the bands to wickednesse , seeme to repent of our former resolutions and promises , and chose to have our portion with hypocrites , professing and sweareing that we know GOD , but in our workes denying him , being abominable , disobedient , and unto every good worke reprobate . 14. Since the narrative of the generall hand is now changed , and some lines , expressing at length the Papists , and their adherents to be the partie from whom the danger to religion , and the Kings Majestie was threatned , are left out , and no designation made of the partie from whom the danger is now threatred , We are made either to thinke , that our subscription at this time is unnecessarie ; or to suspect that we who have supplicated and entered in Covenant , are understood to be the partie ; especially since the Lords of Counsell have in the act September 22. ratifiing the Proclamation , found themselves bound to use their best endeavours , that all his Majesties good Subjects may rest satisfied with his Majesties declaration , since also we have beene ( although undeservedly challenged of disorders , distractions , and dangers to religion , and his Majesties authoritie , and since in the forsaid act and in the missive directed to his Majestie , the Lords of Councell offer their lives , and fortunes to his Majestie , in repressing all such , as shall hereafter prease to disturbe the peace of this Kirk and Kingdome , which being expressed in a generalitie is by many applyed to us and interpreted of our adhereing to our Covenant ; We should therefore , by our subscription of the Covenant , as it is now conceaved , both do directly against our owne mindes , in condemning our selves , wherein we are innocent , and should consent to our owne hurt to the suppressing of the cause which we maintaine , and to the repressing mutually one of us of another , directly contrare , to our former solemne oath and subscription . 15. The Subscribing of this Confession by the Lords of his Majesties privie Counsell , who by their place and high employment are publicke Peace-makers , and by others who have not subscribed the late Confession will make the breach wider , and the lamentable division of this Kirk more desperate then ever before ; some haveing sworne to labour by all lawfull meanes to recover the former libertie , and puritie of religion ▪ and others maintaining that for puritie , which is already established , some believing and professing that the evils supplicated against , are abjured in that Confession of Faith ; and others maintaining the Confession of Faith , and these corruptions ( although for the present discharged by authority ) not to be inconsistent : and beside this many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdome , makeing way for the wrath and many iudgements of God often threatned by his faithfull servants , which all the Godly ought to labour by all means to prevent . 16. Wee represent also to the honourable Lords of privie counsell to bee considered , That the Doctrine , Discipline , and Vse of Sacraments are sworn , and the contrare abjured , according to the Word of God , and the meaning of the Kirk of Scotland , in the books of Discipline , and Acts of Assemblies , And that in the Oath there is no place left to the generality of any mans conception of the true Faith and Religion , nor to any private interpretation , or mentall reservation . For these and the like considerations , In our own name , and in name of all who will adhere to the late Covenant , subscribed by us , and sealed from Heaven , We from our duetie to God , our King , our native countrey , our selves , and the posteritie , least our silence import a satisfaction of our desires , and a stopping of our mouth , from necessarie supplication for things yet to bee obteined from His Majesties just and gracious disposition , are constrained to declare and protest , First , That the cause and occasion of the distractions of the kirk and commonwealth , are no wayes to be imputed unto us , or our needlesse fears , but to the innovations and corruptions of Religion , which against the acts and order of this kirk , and the lawes of the kingdome have beene pressed upon us the people of GOD , and his Majesties loyall Subjects ; who , although under great thraldome , were living in peace and quietnesse , labouring in all godlinesse and honestie to do our duety to God and man. Secondly , We protest , that all questions and doubtes that arise , concerning the freedome of the Assemblie whether in the constitution , and members thereof , or in the matters to bee treated , or in the manner and order of proceeding , be remitted to the determination of the assemblie it selfe , as the only proper and competent iudge ; And that it shall be lawfull for us , being authorized with lawfull commissions , as at other times when the urgent necessitie of the Kirk shall require , so in this exigence to assemble our selves at the diet appointed , notwithstanding any impediment or prorogation to the contrare . And being assembled , against all qualifications and predeterminations , or presupposals , to propone , treat , reason , vote , and conclude , according to the Word of God , Confession of Faith , and acts of lawfull Assemblies , in all Ecclesiasticall matters ; perteining to the assemblie , and tending to the advancement of the Kingdome of Christ and good of Religion . Thirdly , since Archbishops and Bishops have no warrand for their office in this Kirk , since it is contrare both to reason and to the Actes of the Kirk , that any have place and voice in the Assemblie , who are not authorized with lawfull commissions : And seeing both in commoun equitie , and by the tenor of this Proclamation they are made lyable to the tryall and censure of the Assemblie , Wee protest , that they bee not present , as having place or voice in the Assemblie , but as rci to compeere , for underlying tryall and censure upon the generall complaints alreadie made ; and the partiular accusations to bee given in against them ; And that the warning given by His Majesties Proclamation , and this our Protestation , bee a sufficient citation to them , to compeer before the Assemblie , for their tryall , and censure in life , office , and benefice . Fourthly , We solemnly protest , that We do constantly adhere to our Oath and Subscription of the Confession of Faith and Covenant , lately renewed and approven , with rare and undenyable evidences from heaven ; of the wonderfull workeings of his Spirit , in the hearts both of Pastors and people , through all the parts of the kingdome , And that we stand to all parts and clauses thereof , and particularly to the explanation and application , containing both our abjuration of , and our union against the particular evils and corruptions of the time , a duety which the Lord at this time especially craveth at our hands . Fifthly , We also Protest , that none of us who have Subscribed , and doe adhere to our Subscription of the late Covenant , be charged , or urged , either to procure the subscriptions of others or to subscribe our selves unto any other Confession or Covenant , conteining any derogation there unto , especially that mentioned in the Proclamation , without the necessary explanation and the application thereof alreadie sworn by us for the reasons above expressed : And because , as we did in our former Protestation appeale from the Lords of His Majesties Counsell , so doe we now by these renew our solemne appeale , with all solemnities requisite unto the next free generall Assemblie and Parliament , as the only supreame nationall Judicatories competent , to judge of nationall causes and proceedings . Sixthly , Wee Protest , That no subscription , whether by the Lords of Counsell or others , of the Confession , mentioned in the Proclamation , and enjoined for the maintenance of religion , as it is now alreadie ▪ or at this present time established , and professed within this Kingdome , without any innovation of religion or Law , be any manner of way prejudiciall to our Covenant , wherein we have sworne to forbeare the practise of Novations alreadie introduced , &c. Till they be tryed in a free Assemblie , And to labour by all lawfull meanes , to recover the puritie and libertie of the Gospell as it was established and professed before the foresaid innovations : And in like manner that no subscription forsaid be any derogation to the true and sound meaning of our worthie predecessours at the time of their Subscription in the year 1581. and afterward . Withall warneing and exhorting all men who lay to heart the cause of religion against the coruptions of the time and the present estate of things , both to subscribe the Covenant as it hath been explained , and necessarely applied , and as they love the puritie and libertie of the Gospell to hold back their hands from all other Covenants , till the Assemblie now indicted be conveined , and determine the present differences and divisions , and preserve this countrey from contrarie oathes . Seventhly , As his Majesties royall clemency appeareth , In forgiving and forgetting what his Majestie conceaveth to be a disorder or done amisse , In the proceeding of any ; So are we very confident of his Majesties approbation to the integritie of our hearts , and peaceablenesse of our wayes , and actions all this time past : And therefore , We Protest , that we still adhere to our former complaints , Protestations , lawfull meetings , proceedings , mutuall defences , &c. All which as they have beene in themselves lawfull , so were they to us , pressed with so many grievances in his Majesties absence from this native Kingdome most necessarie , and ought to be regarded as good offices , and pertinent duties of faithfull Christians , loyall Subjects , and sensible members of this Kirk and Common-wealth , As wee trust at all occasions to make manifest to all good men , especially to his sacred Majestie for whose long and prosperous government , that we may live a peacable and quiete life in all Godlinesse and Honestie , We earnestly pray . WHereupon a Noble Earle , Iames Earle of Montrose , &c. in name of the Noble men , Master Alexander Gibson , younger , of Durie , in name of the Barons ; George Porterfield Merchant Burges of Glasgow , in name of the Borrowes , Master Harie Rollogue Minister , at Edinburgh , in name of the Ministers , and Master Archbald Iohnston , reader heereof , in name of all who adhere to the Confession of Faith and Covenant , lately renewed within this Kingdome , tooke instruments in the hands of three Notars present , at the said mercat crosse of Edinburgh , being invironed with great numbers of the forsaid Noblemen ▪ Barons , Gentlemen , Borrowes , Ministers and Commons , before many hundred witnesses , and craved the extract thereof : And in token of their duetifull respect to his Majestie , confidence of the equitie of their cause , and innocencie of their carriage and hope of his Majesties gratious acceptance , they offred in all humilitie with submisse reverence a copie thereof to the Herauld . FINIS . 
A11659	----	The remonstrance of the nobility, barrones, burgesses, ministers and commons within the kingdome of Scotland Vindicating them and their proceedings from the crymes, wherewith they are charged by the late proclamation in England, Feb. 27. 1639. Church of Scotland. General Assembly. 1639 Approx. 51 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A11659 STC 21907 ESTC S116848 99852063 99852063 17366 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11659) Transcribed from: (Early English Books Online ; image set 17366) Images scanned from microfilm: (Early English books, 1475-1640 ; 1531:2) The remonstrance of the nobility, barrones, burgesses, ministers and commons within the kingdome of Scotland Vindicating them and their proceedings from the crymes, wherewith they are charged by the late proclamation in England, Feb. 27. 1639. Church of Scotland. General Assembly. Henderson, Alexander, 1583?-1646. aut 32 p. Imprinted by Iames Bryson, Edinburgh : anno Domini 1639. Drafted by Alexander Henderson. At end: Revised according to the ordinance of the generall Assembly .. 22. of March 1639. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- Early works to 1800. England and Wales. -- Sovereign (1625-1649 : Charles I). -- Proclamations. 1639-02-27 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2004-03 TCP Assigned for keying and markup 2004-03 Aptara Keyed and coded from ProQuest page images 2004-06 Rachel Losh Sampled and proofread 2004-06 Rachel Losh Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE REMONSTRANCE OF THE NOBILITY , BARRONES , BURGESSES , MINISTERS AND COMMONS WITHIN THE KINGDOME OF SCOTLAND , Vindicating them and their proceedings from the crymes , wherewith they are charged by the late Proclamation in ENGLAND , Feb. 27. 1639. EDINBURGH Imprinted by Iames Bryson Anno Domini 1639. ALthough the depthes of the Counsell of GOD , and the secrets of the wayes of the most high cannot be sounded nor found out by us , till they be discovered and unsecreted by himself ; yet so far as we can conceive and consider of the course of divine providence in our present affaires , we begin to think , that the LORD is about some great work in the earth . For the cup which hath been propined to other reformed Kirks is at this time presented unto us : We have used all meanes by our earnest intercessions , by our true remonstrances and humble supplications , to informe his Majestie , and to deprecate his wrath : but finde both his eares possessed by the false and spitefull misinformations of the late pretended Prelats , and of such as hope to catch some great things in our troubled waters : whereby his Majesties wrath waxeth hoter every day : as is too sensible to us his Majesties humble and loyall subjects , who were expecting a gracious answer to our last supplication , and may be apparant to all men , by the late Proclamation and Declaration in England Feb. 27. ordained to be read in every Kirk within that kingdome . We are indeed confident and comforted in this ; that the gates of hell shall not prevaile against the cause mantained by us , and that in the end glory shall be to GOD in the highest by the testimony which shall be given to the kingdome of his son IESUS CHRIST now in question , that peace shall be on earth , and good-will and loving kindnesse shall be to the people of GOD. But in the meane time it cannot but wound our hearts and grieve us sore ; that we are brought to this extremity , that we must either perish under the burthen of so many foule aspersions , or be constrained , to appeare in termes of contradiction against such pieces and Proclamations as the malice of our adversaries , prevailing with his Majesty , doth lybell and send out continaually against us . Although the foresaid Proclamation and Declaration chargeth us with nothing materiall , which we have not from the sincerity of our hearts and the manifest truth and reasons of our proceedings aboundantly answered before , in our printed Protestations , information , and answers unto the Declaration made by his Majesties Commissioner , and unto the Bishops their Declinatour , yet lest by our silence the cause of GOD and our innocency in defending thereof , receive the smallest prejudice in the mindes of the well affected , and that we may yet more convince the consciences , if not close the mouthes , of our self-condemned enemies , we shall not wearie to make a summarie repetition and true application of what hath been formerly written at large . The title beareth , 1. that the Proclamation is intended to informe the loving subjects of England ; which is the desire of our hearts , and for which we have laboured ; being confident that all his Majesties loving subjects of England , after true and full information , wil allow of our actions , as proceeding from the love of CHRIST , and of our King and countrey , which to us are inseparably joyned , and wherein we are so emulous , that we are heartily grieved , and think our selves heavily wronged , that in love and loyaltie , we should be reckoned second , or inferiour , to any subjects in the Christian world . But what truth of information may be expected from our Prelats , with their pages and parasites , who can have no hope of rysing again , but from our certaine ruine , all the judicious subjects of England may easily discerne . 2. The title beareth that by our seditious practises we are seeking to overthrow his Majesties regall power under the false pretences of religion . None of all our actions is more challenged of sedition , then our necessarie confession of Faith and nationall Covenant , wherein we are so far from overturning regall authority , that we declared before God & men that we had no intention or desire to attempt any thing that might turne to the diminution of the Kings greatnesse and authority . We could not so much as imagin , that the refusing of the service book , and the rejecting of Episcopall government , which two over-turne the frame of Gods worship and the discipline of the Kirk , as they were here established , should ever have been interpreted to be the overthrowing of regall power ; The pillars of true regall power are religion and righteousnesse , which by our oath we have endevored to establish , and are confident , if we can have them in peace , shall be seen by all the world to be strong supporters of his Majesties throne . Our practises are called seditious , our carriages tumultuous , our returnes froward and perverse , our intentions traiterous , our informations and declarations infamous lybels , our protestations mutinous , our covenant aband or rather a conspiracie against the Lords anoynted , pretended to be with God , that we may with the better countenance do the works of the divell , such as are treasons and rebellions , our preparations for defence hostile , as if the King were our sworn enemy , our aimes to be the invasion of the good subjects of England , to make whole our broken fortunes , our actions increasing and dareing insolencies , our present case a brain-sick distemper , our selves evil and traiterously affected persons , factious and turbulent spirits &c. To which we answer , 1. It may be that the Lord will look on our affliction , and that the Lord will requite good for this cursing . Blessed are ye when men shall revile you and persecute you , and shall say all manner of evill against you for my sake . 2. These railing accusations have proceeded from the unchristian hearts of our Prelats , who are rageing waves of the sea , foaming out their own shame , and thereby give publick proof , that by the sentence of excommunication from the Kirk , they are indeed delivered unto Satan , the spirit which now worketh mightily in them . All their revilings against us , shall not draw from us one word , which may reflect upon the Kings Majestie . They have learned an arte , like unto that practised of old , cunningly to insert the image of their Hierarchie , into the Kings portract , that no man can do reverence to the one , but he must adorethe other , no man speak , or do , against the one , but he must speak , and do against the other . But we are not unacquainted with their craft , and God hath taught us the way to honour the King , and detest treason , sedition and rebellion , without honour done to them , and without the perfidious acknowledging of their abjured tyrannie . 3. By two things all men may perceive , that the Prelats would have their anger to come to a mischief : the one is , that they use extreme bitternesse of words . Yet in this they faile of their end ; that their words are rather common railings and flyting , then sharp , pointed and proper , more labouring to speak all the evill they can devise against us , then to speak any truth against our persons and cause . The other is , that they would ingage his Majestie so far in their businesse , that no place may be left to a retreat . But in this also we trust they shall be disappointed , and that they shall never induce his Majestie , to act any thing which is not revocable . Princes who ought to be common parents , will not make themselves a party ; for that were to overthrow the boat by unequall weight on the one side , and make not only the passengers , but him that sitteth at the helme to perish ; which our Prelats have desperatly chosen , rather then to repent , or with Ionas to cast themselves in the sea , that they may perish alone . Their maxime is old ; when we are dead and gone , let the earth be burnt up with fire . In the narrative we are glad that they judge of our intentions ( which are directly known to GOD only ) by our proceedings and actions before the world : which against their obloquies and misconstructions we justifie . 1. By our long suffering the outrages and insolencies of the Prelats ; who against the unity of hearts , authority of Assemblies , order of Ministerie , purity of doctrine and worship and whole reformation of religion in this Kirk ( which was the wonderfull work of Gods greatest mercy to this kingdome , and the glory of our land ) for no other end , but for satisfying their ambition and avarice ( which are known to be the two great inchanters of naturall men , and have proven cruell Harpyes against religion ) they did overturne all ; bringing in for unity , division , for authority of Assemblies , their own usurpation , for order of the Ministerie , episcopall tyrannie , and for the purity of worship , first humane inventions , and thereafter ( being now grown by their rents and Lordly dignities , by their power over the Ministers and other lieges , by their places in Parliament , Councell , Session , Exchequer , and high Commission to a plenipotent dominion and greatnesse ) they frame a book of Canons for ruling the Kirk and disposing upon religion at their pleasure . And yet all this time the greatest opposition was the zeale of some preachers in giving testimonie to the truth , and sealing the same by their sufferings , and the groaning of the people , and their crying to God , that he would come down and deliver them from these more then Egyptian taskmasters . 2. By the peaceablnesse of our proceedings , ever since we begune to appeare in a publick way of opposition : although their insolencie ascended so high as without consent or knowledge of the Kirk , they have framed a service book to be received in all the Kirks of the kingdome , as the only forme of Gods publick worship , procured letters of horning against Ministers for that effect , practised it themselves , and not only discharged some Readers and Ministers who refused the book , but also obtained a charge , that no man under the paine of death should speak against the Bishops or their service book : And yet although the book was brought in without order , and known to be a change of the whole forme of Gods worship ; The Noblemen , Barrones , Burgesses , Ministers and Commons conveening although in a very great number , yet in most peaceable manner without any tumult , did only supplicat most submisly the Lords of his Majesties Councell , and direct their supplications to his Majestie for remeeding their just and important grievances . Thirdly , when their supplications received no other answer , but terrible Proclamations condemning all their meetings and proceedings , and highly allowing the evils which were their grievances ; their complaints against the many haynous crimes of the Prelats were not heard , and their distresses still pressing them more ; The supplicants entering into a deeper search of the causes of all their evils , and of the barring of their supplications ; found them to be from themselves and their former perfidious dealing against the Covenant of God. And therefore resolved to renew their nationall oath and Covenant with solemne humiliation and prayers to God for reconciliation , and for better successe afterward . They resolve also to renew their supplication to the Kings Majestie for a generall Assembly and Parliament , as the ordinarie and able meanes to redresse their evils , and essayed all possible wayes of presenting it . They answered to the full all exceptions taken against the Covenant , and left nothing undone , which beseemed Christian subjects , who honour God and feare the King. Fourthly , after many petitions and long exspectation when a generall Assembly was conveened by his Majesties speciall indiction , and orderly constitute in all the members thereof , in the presence of his Majesties Commissioner ; we were forbidden to proceed and commanded to rise , without any just cause offered by us . In this extremity of the precipitating of the Kirk and kingdome in a world of confusions upon the one side , and of sitting after the interdiction , on the other part , we chosed that course which was warranted by Christ , was most agreable to his Majesties will formerly manifested , and to the publick weale , as is contained in the supplication of the generall Assembly directed to his Majestie , whereof no mention is made in the proclamatiō . Since that time we have been threatned with armies and hostile invasion from England , against which we have been preparing for our lawfull and necessarie defence , far from the least thought of invading or harming our neighbours . Our wayes then have been , after long silence , no other but humble supplications to GOD and the King , necessary Protestations , religious renewing of our nationall Covenant , sitting in a generall Assembly conveened by his Majesties indiction , information and preparation for necssarie defence against open hostility . The particular evidences of our traiterous intentions are expressed in the Proclamation to be : First , the multitude of infamous libels stuffed full of calumnies against the Kings authority . If any peice coming from us had been here designed , our answere might have been particulare ; And therefore in generall we are bold to affirme , that what hath passed from our hands of that kinde , as it hath been meant to cleare our intentions of disloyalty , so it carrieth nothing with it which can merite so foule an aspersion , all being done both in matter and expression with the highest respect we could conceive to his Majesties sacred person and royall authority , and with the best construction of his Majesties proceedings . Secondly , letters sent to private persons in London and sending some Covenanters to privat meetings at London to incite people against the King and to pervert them from their duty ; A traiterous intention we confesse , which will never be so happie as to harboure in a Loyall brest . And as we are assured that such missives or messengers were never sent from the Covenanters in common ; So must it be , either cunning in the Prelates , to alledge that which we cannot prove to be false , or malice to attribute that unto us , which private persons have done from their own motions without our knowledge : That in such a time there should be found libels or licentious discourses , false news running up and down , and letters carrying the names of such authores as never saw them , should seem nothing strange . And whether the search of such things with too great diligence , and the suppressing of them by too much severity , or the neglect and despysing of them by authority , be the best remedie against them , let statesmen judge . It is known when water is stopped one way it runneth asunder and breaketh out many wayes . Thirdly , Our publick contemning of all his Majesties just commands , and our mutinous protesting against them . It is our delight to obey his Majesties just commands , and is farre from our hearts to contemne any of his Majesties commands , although unjust , or to protest mutinously against them : But to protest in a faire way , and as beseemeth duetifull subjects , is a course customeable , legall and ordinare , and in some cases so necessare for preservation of right , and preventing of evil , that at sometimes it cannot be omitted , and at no time can give just offence . Fourthly , The fourth evidence beareth three points , which require particulare answere . 1. That no Covenant or band of that nature is warrantable without civill authoritie . This exception hath been so fully answered from warrands of divine & humane authority , both ecclesiasticall & civill , from the practise of the godly of old , from the example of our Religious progenitors , from the continued subscription used in this Kirk , and from the nature of the oath it self , which is nationall , that we trust all men , who are not strangers to what we have written , are satisfied to the full , except the Prelats & their adherents , who are endlesse in their cavillations , and craftily labour to bring us back again to the beginning of the controversie , that they may ( if it were possible ) undoe what hath been done by us . 2. That we have rejected the Covenant commanded by authoritie , because commanded by authoritie . The reasons not of our rejecting , but of our modest with-holding of our subscription commanded by authoritie are at length set down in our publick and printed Protestations , September 22. and December 18. in our answer to the Declaration made by his Majesties Commissioner , and in the acts of the late Assembly , which properly owneth the publick judgement and interpretation of the confession of Faith. In all which it is found that the confession commanded by authoritie according to the meaning put upon it , is in matters of Religion , not only contrarie to our subscription in February , but also to the confession as it was meant and professed in the year 1580 , and therefore could not be subscribed by us , except we would by manifold perjurie have made our selves transgressours , and have brought upon our selves a farre greater weight of the wrath of God , then the first was , which by our subscription we laboured to avert and prevent . Thirdly , That our Covenant is a conspiracie against the King pretended to bee with God , for doing the works of the devill . This is a blasphemie , to which we are sure , neither the Kings Majestie , nor any fearing God , can be accessory , and which addeth much to our confidence , that the Lord hath ratified in heaven the curse pronounced upon the Prelates , that he will reprove the words which hee hath heard uttered by them , and that their work shall not prosper : And therefore comforting our selves in the Lord our God , who hath been pleased by so many signes and undenyable evidences , to countenance and confirme our Covenant , we bring against them no railing accusation , but say , The Lord that hath chosen Ierusalem rebuke them , and save the King. Lastly , Our hostile preparations to invade England : Against which as much hath been said and sworne by us in our late informations , as we trust hath given satisfaction to all good subjects there , although they had been so uncharitable , which we will never beleeve , as hastily to have embraced such reports . Our best actions , & which ought to give to that kingdome greatest contentment , will never by them be wrested to that sense : And although the Prelates in the mood of despaire to recover their losses , except by our ruine , traduce us to be desperate hypocrites , yet the event will bear witnesse , that we have spoken , as men fearing the great name of our God , with whom we have reneued our Covenant ; and who , when his time commeth , will be avenged , whither upon our hypocrisie , or their calumnie . Yet our enemies , seeking the way to make suspicion , where no cause is , have given out , That many , and some of the chiefest amongst us , are men of unquiet spirits , and broken fortunes , &c. But in this they have been evil advised . For suspicions among thoughts , are by wisemen compared with bates among birds , which flee not at the no one-day , but in the time of twilight . It is known by all , who are acquainted with this Countrey , that almost the whole Kingdome standeth to the defence of this cause , and that the chiefest of the Nobles , Barrons , and Burgesses , are honoured in the places where they live for Religion , wisedome , power , and wealth answerable to the condition of this Kingdome ; that the meanest of the commons who have joyned in this cause , are content of their meane estates , with the enjoying of the Gospel ; and no lesse known , that our adversaries are not for number , any considerable part of the Kingdome , and that the chiefest ( setting aside some few states-men , & such as draw their breath from court ) are known Athiests , or professed Papists , drowned in debt , denounced his Majesties Rebels , for a long time past , are under caption of their creditours , and have already in their imaginations divided amongst them the lands of the supplicants , which they hope to be possessed in , by the power of England . But we hope that by this shift they may well be worse , but they shall be no better . In the meane time against all these calumnies , the Lord from heaven hath looked upon the integritie of our hearts , and in his wisedome hath found the way to clear our innocencie . For beside our supplication to the Councel Ian. 13. for this end , and our late information to England Feb. 4. we have the publick testimonie of the councel of the Kingdome to make it known . A letter sent to England from one George Sterlin in Edinburgh , with the advise of Iohn Sterlin commissar of Wigtoun both in neer relation to the late pretended B. of Galloway , did come to our hands , bearing what the Prelates now say ; this was exhibited to the councel , Feb. 22. & 28. with our complaint , supplication , attestation of the great name of God , and our own consciences , and offer of our subscription , or any other meane of purgation to the contrare , whereupon the Lords of privie councel , sent up our supplication to the Kings Majestie , with their own , wherein they humbly supplicate , lest upon such informations , his Majestie should be more easily moved to think upon harder courses , than he had heretofore been pleased to keep with his Majesties ancient and native kingdome and subjects ; that his Majestie in his accustomed fatherly care of the good and preservation of this Kingdome , would be pleased , to resolve upon some such course , as without force of armes , or shewing of his Princely power , the estate of this kingdome may be setled , as may be seen at greater length in the letter it self . We are challenged here also as usurpers of regall power . First , because we have taken upon us to command the print , and forebidden and dismissed the printer , whom his Majestie established . This is the old complaint of the Popish Prelats against our reformers in the yeare 1559. and very untruly by their successours renewed against us : for we have neither dismissed nor forbidden the printer , who still hath his liberty , and residence in Edinburgh . Nor doth the act of the generall Assembly , which we take to be here meant , containe any thing that can be construed to be the usurpation of regall power , or the smalest diminution of the priviledges royall about printing . It only forbideth under the paine of Kirk censure to print any piece that concerneth the Kirk , without warrand of the Kirk : A power belonging to the Kirk in all kingdomes , and ordinarly used in this Kirk , not only in the times of Popery , but since the reformation , as is manifest by diverse acts of Assemblies censuring abuses of printing , appointing some treatises to be printed , and naming some to revise what was to be put to the presse . Neither must we think that the nationall Kirk is shorter in her liberties of this sort , then our Universities are , who without restraint , use their own liberty ; nor will any man think , that schollers shall have the liberty to print their propositions yearly , without controlement , and liberty shall be denied to the generall Assembly to print their acts and constitutions . Particulare professours use to publish their treatises with adjurations of printers ( because they have no further authority ) that they print them not in another edition , nor in another character : and shall not the Kirk make use of that authority which GOD hath granted her for her own peace and the good of Religion ? Secondly , because we have conveened the subjects , raised armies , blocked up and besieged his Majesties castles &c. So many of these heavy challenges as have any shew of truth , are so fully and plainly answered in our last protestation Decemb. 18. that as the Prelats needed not to make the objection , so need we to make no new answere . In our last information intended for England , besides that the true , honest and loyall expressions of our hearts , are taken to be false , base and fawning passages : we are particularly challenged of two scandalous and most notorious untruths : First , that the armies now raised , are in the hands of Papists . So indeed were we informed , and therefore spake with this caution ( as we are informed ) and why shall not the captaines and leaders of the armie , be sutable to the prime movers , the cause , and end of the work , all which smell of Rome and of Popery ? The other untruth is , that some of power in the Kirk of England have been the cause of taking armes for invasion of this kingdome and of medling with our religion . This we offer to verifie both by write , and by the deposition of prime stats-men and Councellours , against some Kirk-men there , namely against Canterburie himself , that he did negotiate with Rome , about the frame of our service book and Canons , that with his own hand he altered , and interlyned diverse passages thereof , tending to conformity with Rome : A plot so perilous , that had not the Lord disappointed it , First , Scotland and then England by him , and such as cooperate with him , had become , in their religion , Romish . His reprinted conference with M r. Fisher , will not serve to vindicate his reputation . And therefore we earnestly intreat all in England , that affect the truth of religion , and the Kings honour , and all true Patriots that love the liberty , of the kingdome , to supplicate his Majestie for calling a Parliament there , that this mysterie of iniquity which hath been in working this time past may be discovered , and the prime agents therein , according to their demerits may be tryed and punished , and that this craft and treacherie , in joyning both kingdomes in a bloody war , that by weakning both , Rome may be built in the midst of us , and the Pope in end set over all , may be seen and disappointed , that GOD may have his own glory , the King his honour , and his subjects may be in safety , from forraine tyraine over their bodies , and soules . Least the Prelats should passe any point true or false that may serve their turne ; This also is laide to our charge ; that the Kings lawes are in a manner oppressed by us , in so much that the judges are so awed as they dare hardly proceed according to law . The prime judges of the land remember , that by them justice hath been refused us , according to law ; not from their own disposition , but for feare to offend against missives procured against us : we must also now remember , that having of late requyred letters of horning and caption , against the excommunicate Prelats , conforme to the act of Parliament : whereof they use not to deny the common benefite to the meanest subject ; The Lords of Session resolved upon a letter to be sent to his Majestie March 2. wherein they bring his Majesties pleasure , signified by his Majesties command , and otherwise , as the only cause of refusing these letters , according to the act of Parliament , and withall joyn their most ardent desires and humble wishes for such peace and quietnesse to the kingdome , as it hath injoyed before . Which evidenceth that not only the laws , but the judges are for us , and that from conscience of their duty to GOD , the King and countrey , and not from feare and aw from us . To make all that hath been said the more credible , it is alledged that some of us refuse both the oath of alledgeance and supremacie , and publickly mantaine that we are not oblidged to take the same , and that three Scotishmen taken in Wales , are at this day , imprisoned for denying these oathes . We can say nothing of these taken in Walles , neither there persons nor their purposes being known to us . It seemeth that the inquisition is hote there . But for our selves , although there be a difference betwixt the oath of alledgeance , and supremacie , and we cannot take the oath of supremacie as it is extended , and glossed by the flattering Prelats , yet we heartily rander that to his Majestie which is due and useth to be given by reformed and sound divines to the civill Magistrate , knowing that the Fifth command containing the duty of subjects to their Princes and rulers , is the First commandment of the second table , and that our confession of faith , acknowledgeth his Majestie to be the Lordsvice-gerant on earth : to whom the conservation and purgation of religion , doth belong . As this is the conception which our enemies have begotten in his Majesties minde against us , so may we learne by this declaration , what his Majesties intentions are against this Kirk and kingdome , and what birth may be looked for , if divine providence by changing the heart of our King , or by some other way known to himself , make not an abortion , or chock it in time . For first , through the incurable superstition and inveterate malice of the Prelats against the reformed religion , declaration is made , that by introducing the service book , there was not the least thought of innovation of religion , but meerly to have a conformity with the worship of God which is observed in both the other kingdomes ; though evil minded men have wrested somethings in it to a sinistrous sense . Thus the service book is still no innovation of religion , but by our sinistrous sense , is made to seem so : conformitie with the worship of GOD in other kingdomes , is urged upon us , as if we were , tabularasa , and had not a forme of worship established by the acts of the Kirk and laws of the kingdome : meerly to have conformity is averred , although the manifold litures and interlynings of the service book , used in both the other kingdomes testifie the contrare , by the hands of our own Prelates and of Canterburie himself . Hence wee must pay for abusing the book , and the book it self must in the own time be received . Secondly , through the pride and greed of our Prelates , Episcopall government must be retained as it is established by acts of Parliament ; as known to the whole world to be most Christian in it self , most peaceable for the civill estate , most consonant to Monarchicall government , and without which the Parliament will not stand compleat of three estates : Although the truth is , there be no act of Assembly , nor of Parliament for that office in this kingdome , that it is known to reformed Christendome , rather to be antichristian in it self , most prejudiciall to the peace of the civill estate , and hath in all nations proven the most pernicious enemy to Monarchs , and true Monarchicall government . And that the Parliament hath been , may be , and is in the nature thereof , compleat and perfect without this excrescence . Hence Bishops we must have jure divino to serve the will of the Prince in the worship of GOD , and these as lordly as ever before . Thirdly , No Covenant must be indured to which the Kings Majestie shall not consent , and our Covenant only pretended to be with God , that we may with better countenance do the works of the devill , such as are treasons and rebellions . Hence our Covenant can be no more endured then treason and rebellion , and the Covenanters either renounce God , so solemnly attested by them , or punished as rebels and traitours . Fourthly , the question is conceived to bee no more about the service book and Episcopall government : But whether the Kings Majestie shall bee our King or not : And is determined that we have stricken at the very root of Kingly government , vilified the regall power in his Majesties person , and assumed it to our selves . Fifthly , it is declared , that his Majestie is forced to take armes to establish and set his Kingly authority right here , to make the best of us see , that he will indure no such Covenant as we have made . Hence resolution is taken and declared , that for establishing the service book and episcopall government , for abolishing of our Covenant , and for being avenged on us , as rebels and traitours , his Majestie cometh in a hostile war , with all the power that can be raised in England , by all other meanes and by this Proclamation , which is ordained to be reade in time of divine service , in every Kirk within the kingdome , for that effect . Our part in this case is to resolve , whither we will , with sin and shame lie under the pressing weight of so many foule aspersions , as rarely in the worst times have been laide upon Christians , receive the service book , as the only forme of divine worship , which is declared by the Assembly to be a masse of errours , superstition , idolatry and antichristian tyrannie , welcome home againe our Prelats and their abjured government , condemne our reformers and the glorious work of reformation , renounce our Covenant and be so many times perjured as we have sworne and subscribed the same , losse all our labours and paines , bestowed for so large a time in so good a cause , open with our own hands a wide doore , and by our example shew a brode way for the entring of Popery & of all changes in religion hereafter , lay a stumbling block in the Kings way to the kingdome of heaven , and hinder the Queens conversion , give offence to all the reformed Kirks who have been praying for us , harden the hearts and strengthen the hands of all the enemies of the truth at home and abroad , make our selves an odious spectacle to men and angels , forget our bygone slavery and our wishes for redemption , deny our own experience of the mercy truth and power of GOD , so many times , and so many wayes , to our unspeakable comfort , manifested this time by-past , losse the posterity and the children that shall come after us , who shall mourne in misery for our misdeeds , make the faces of so many to blush and be ashamed , because of us , leave nothing but laments to our friends and jubilees of joy to our enemies , interrupt the march of the LORD of hosts upon the earth , and wrest his dis-played banner out of his hands , pull the crown from the head of CHRIST our judge , our lawgiver and our King , grieve and resist the holy Ghost , pull down the golden-candlestick and put out the light , and bring all the plagues that are written in the book of GOD upon us , so that all nations shall say , wherefore hath the Lord done this unto this land ? What meaneth the heate of this his great anger ? Then men shall say because they have forsaken the Covenant of the Lord , therefore are these evils come upon them ; A word of defection could no sooner come from our mouthes but the horrour of hell should enter in our souls : Or rather on the contrary use the power which GOD hath put in our hands , not for invading England , or doing the smalest harme to any of the people of GOD who trouble not our peace ; cursed be the breasts that harbour such intentions , and the hands that execute them , but meerly for our own defence and safety against armed violence and unjust invasion . And therefore where it is demanded in the Proclamation what we will defend ; we answere ; not our disobedience but our religion , liberties and lives : And where it is asked against whom we will defend ; Least our intentions or actions should be mistaken , by such as are not acquainted with our case , or misconstrued , as contrary to the doctrine of sound divines , or to the laudable practises of Christians of old , or of late , we desire that distinction may be made , and difference put between the King resident in the Kingdome , and by opening his ears to both parties , rightly informed , and the King farre from us in another kingdome , hearing the one partie , and mis-informed by our adversaries : Between the King as King , proceeding royally according to the laws of the Kingdome against rebels , and the King as a man comming down from his throne ( at the foote where of the humble supplication of his subjects lyeth unanswered ) & marching furiously against his loyall and weal-meaning people : Between a King who is a stranger to Religion , and tyed no further , but according to his own pleasure , to the professours of Religion , living in his dominions , and our Kiug professing with us the same religion , and obliged by his Fathers deed , & his own oath , to desend us his own subjects , our lives , religion , liberties & laws : Again , difference would be put , between some private persons taking armes for resistance , & inferiour Magistrats , Iudges , Councellors , nobles , Peeres of the land , Parliament men , Barrons , Burgesses , and the whole bodie of the Kingdome ( except some few either Courteours , stats-men , Papists , or popishly affected , and their adherents ) standing to their own defence : Between subjects rising , or standing out , against law and reason that they may bee freed from the yoke of their obedience , and a people holding fast their alledgeance to their Soveraigne , and in all humilitie supplicating for Religion and justice , between a people labouring by armes to introduce novations in Religon contrarie to the laws , and a people seeking nothing so much as against all innovations , to have the same Religion ratified , which hath been professed since the reformation , and hath not only been solemnely sworn long since by the Kings Majestie , and by the whole Kingdome both of old and of late , but also commanded by the Kings Majestie to be sworn by his Counsellours , and commanded by his Councell to bee subscribed by all the people as it was professed at first : Between a people pleading for their own phantasies and foolaries , or inventions , and a people suspending their judgement and practise about things controverted , till they should be determined by a nationall Assembly , the only proper and competent judicatorie , and after determination , receiving and standing for the conclusions of the Assembly . Whither in this case , and matters so standing , wee shall stand to our own defence , we are taught by the light and law of nature , by the word of God in the old and new testament , by the Covenant betwixt the people and God , by the end for which Magistrates are ordained of God , by our standing in our order and line of subordination under God , the great Superiour , when our immediate Superiours go out of their line & order , by the testimonies of the best divines and sound politicians and Lawyers , even such as pleadmost contra Monarchomachos , by the mutuall contract betwixt the King and the people at the Coronation , by acts of Parliament , and by the example of our own predicessours . And now for our brethren and neighbours , in England , whose eares , we suppose , have been filled with this Proclamation in their particular Kirks ; From that honour which we ow unto authoritie , as the ordinance of God , and from the naturall and loyall affection which we bear unto our King and dread Soveraigne , borne and baptized amongst us , we are unfainedly , and from our hearts grieved that first his sacred eares should be so farre possessed , and next his royall Name so farre abused by wicked men , as to receive and give way to so many absurd and incredible false calumnies against a whole Nation , his own native Countrey and Kingdome ; It is too manifest how extremly pernitious , and damnageable are calumnies , especially universall ones of this kinde , and therefore to represse them , ought not any law or ordinance be spared , that may serve to the purpose ; From that love which is due from us unto them , to whom in verie many respects , and by many strong bands naturall , civill and spirituall , we are sibber and more nearly joyned , then to any other Nation or people on earth , wee are heartily sorie that their Kirks and hearing are taken up with such discourses and would wonder at their credulitie , if they should be beleeved by them ; yet because speeches may be the seminaries of sedition , even amongst brethren , who are at greatest distance when they have once begun to divide and discord , we must intreat ( if with so wise a Nation there be any need of intreatie ) that they will not upon any declaration which they have heard , be suddenly stirred to attempts against us to our mutuall hurt , or with a golden hook to catch so small commodities , as may bee hoped for in such a warre , and by so doing , make both Nations a mocking to strangers , and this Yland which hath been blessed with so long a peace , to be a field of blood , and a prey to our common enemies , who now for many years have been looking upon us with an evil eye , and are still waiting for an evil houre : that when they hear of any of our preparations for defence , or of any of our actions which to us are so necessarie , that without them our defence is impossible , and wherein there is no wrong done , or intended against them ; they will judge charitably of us , and of our doings in such an exigent and extremity , as this is , and that they will wisely and christianly , supposing our case to be their own , make use of that common rule of equity , what soever ye would that others did to you , do ye even so to them . That hereafter , reports and declarations made against us by our enemies , be not suddenly beleeved ; since the authours , from the conscience of their own deceitfull dealing , publish them amongst the English only , who cannot controle the untruth of them , and keep them up from the knowledge of this kingdome , where they cannot abide the common light and triall , every one of the commons knowing their forgerie and falshood , And when any of them happen to come to our hands , the difficultie and danger is so great in carying our answers , and the true information , as matters now stand , unto their knowledge . And that they will at last , both poure forth their prayers to GOD and their supplications to the King in our behalf ; and if need be , use their power for our lawfull defence against merce-naries and wicked men the sons of Beliall . Are we not their own brethren , their own flesh and bone ? Are we not all under one roof , in one and the same shipe , and members of one body ? Their religious progenitours at the time of reformation vouchsafed us their help and assistance for establishing the reformed religion , neither have we so evill deserved , nor are they so far degenerated , as that we have reason to feare , that we shall be deserted by them at this time , the cause being the same , the case not much different and the persons only changed , Our salvation is common . Let us together earnestly contend for the faith which was once delivered to the Saints , that mercy peace , and love may be multiplied unto us . Considering also how far our late actions against the persons of our greatest enemies and the chief strengths of the kingdome , as of the castle of Edinburgh , &c. are subject to the obloquies of such , as have to the worst sense wrested all our former counsels and necessary conclusions ; and may be mistaken by our friends , who looking at a great distance , cannot well perceive the ripenesse of the occasion and opportunity of our doing , we judged it necessary for silencing the one , and for satisfying the other , to make known to all , how we were driven to this by the present exigence of our affaires for our lawfull and necessary defence . It cannot be unknown to all the subjects of this kingdome , what have been the terrours and threatnings of diverse Proclamations at home , as of that , Iuly 4. and of the other Decem. 18. And to many it is known also what missives have been directed to the Nobles and Gentlemen of England , for attending the royall banner at Yorke April 1. and what Proclamations have been made in England , both that of the date Ianu. 29. and above all the last declaration Feb. 27. condemning our loyall proceedings , our humble supplications , our legall Protestations , our true and modest informations , and our very intentions ( after we have attested GOD so many times and so solemnly on the contrare ) as false and traiterous , our selves as rebels and traitours , and therefore denouncing war in the most hostile manner against us . We are not ignorant what letters have been sent to some of our cold-friends , to excite them , and some of our professed enemies , to embolden and strengthen them against us , with moneys and munition , and with directions and order for the wayes of their combination and running together with their forces ; and on the other side , of the large promises and bold undertakings , of our dis-natured countrey-men , some at court and others at home , to mak up armies of so many thousāds in the North and South parts of the kingdome , for environing us on all sides . The Scotish Councelours , Nobles , and Gentlemen about court are made to subscribe the Kings Covenant with this addition ; That they shall not acknowledge the late generall Assembly , that they shall not adheare to the late Covenant and band sworn and subscribed by us ; And that they shall oppose against us to the best of their power as they shall be directed by his Majesties command ; According to these warnings and preparations , the Kings houshold hath entered on their journey , Monday last March 18. The King himself taketh post Wednesday next March 27. intending on the third day to be at Yorke , or New-castle , to march forward with his forces , The Scotish Noble-men appointed to come home , accompanied with skilled commanders to draw together their friends and followers , to put them in order , and under their generall the Marquesse of Hammilton to joyn with our forraine enemies attending the Kings Majestie . The Earl of Lind-sey goeth to sea with 17. of the Kings great ships furnished with three thousand Souldiours , to come in their expedition to such places of this kingdome , as their commission , when it is unsealed , shall command them ; Six hundreth hors-men are to be sent presently towards Scotland , to infest the borders , our enemies at home are waiting for their comming ; our excommunicate Prelats and their adhearents are fled to England ; the lands and estates of Noblemen , of chief Barrones & Burgesses , who have joyned in this cause , are designed as a spoil to be parted amongst our enemies . While matters stand thus , And the maine confidence of our adverse partie and pursuers is placed in our divisions , in the power of some Papists and others of note amongst our selves , and in some places which are appointed to be strengths for defence of the kingdome against forraine invasion ( as is at length cleared in our Protestation ) especially the castle of Edinburgh , a chief member of our incorporation and the place of our meetings ; There was no time for longer delay , but in this extremity we must either do or die either defend our selves or come in the reverence of our enemies , whose mercies are cruell . And therefore such dispatch , as ye have heard , in matters necessarly serving for our defence , hath been used in Edinburgh and in other parts of the land . Where this work will end , the Lord whose work it is , and who hath led us so far on , he knoweth ; and as we resolve to stay where we finde not his presence going with us : So are we able to justifie what we have now designed and done , to the consciences of all men : Shall defence be necessary , and shall the necessary meanes , without which there can be no defence , be judged unlawfull ? May we not prevent the blow as lawfully , as repell it ? is not the taking of the weapons out of the hands of our boasting enemies and the apprehending of such as draw the Kings Majestie to so hard courses against his subjects , as lawfull , as the defensive war it self , and is it not more safe both for the King and the kingdome , then to take them in battell ? The law both naturall and civill teacheth , that ad defensionem sufficit , quod praecedat offensa vel justus timor offensae , nec debet quis expectare primum ictum : melius enim juraintacta servare , quam post vnlneratam causam remedium quaerere . Quando praecedunt signa & actus manifestae offensionis , & quando aliter nos met tueri non possumus tum inculpata ac necessaria dicitur tutela , a● in dubio insultatus quicquid facit in incontinenti praesumitur ad sui defensionē facere . It is enough for defence that offer of offēce , or just fear of offence go before . All our reasons for lawfull defence and for guarding the castle of Edinburgh , militate for us in the surprysall thereof in this case and at this time . This necessary prevention was the practise of France , of Holland , of Germanie , and of our own nation , when for the defence of their religion or liberties they took armes , which they offered alwayes to lay down how soon they should be secured ; Likeas we declare at this time , that we take armes not for invasion , not for alteration of the civill government , not for wronging any mans person , or to possesse what belongeth to any man , but for the defence of our religion , liberties and lives . That even when we hold our sword in the one hand , we will present our humble supplication to his sacred Majestic with the other ; that how soon our supplication is granted , our selves secured , and the peace of the Kirk and kingdome setled , we shall suffer our swords to fall from us , shall leave nothing in our power unperformed for perfect pacification , and shall vow to live and die in obedience to his Majesties laws , and mantainance of his Majesties royall person and authority , which we heartily wish and earnestly pray , that GOD would incline his Majestie to heare , before matters be desperate , and the rupture become uncurable . Revised according to the ordinance of the generall Assembly , by me M r. A. Ihonston Clerk thereto : Edinb . 22. of March 1639. FINIS . Notes, typically marginal, from the original text Notes for div A11659-e90 2. Sam. 16. 12. Mat. 5. 11. 
A11669	----	The intentions of the army of the kingdome of Scotland, declared to their brethren of England, by the commissioners of the late parliament, and by the generall, noblemen, barons, and others, officers of the army Scotland. Army. This text is an enriched version of the TCP digital transcription A11669 of text S100070 in the English Short Title Catalog (STC 21919). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 30 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A11669 STC 21919 ESTC S100070 99835922 99835922 155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11669) Transcribed from: (Early English Books Online ; image set 155) Images scanned from microfilm: (Early English books, 1475-1640 ; 1291:06) The intentions of the army of the kingdome of Scotland, declared to their brethren of England, by the commissioners of the late parliament, and by the generall, noblemen, barons, and others, officers of the army Scotland. Army. Henderson, Alexander, 1583?-1646, attributed name. Scotland. Parliament. 19, [1] p. By Robert Bryson, and are to be solde at his shop at the signe of Jonah, Printed at Edinburgh : 1640. Sometimes attributed to Alexander Henderson. Bryson's device with monogram (McKerrow 358) on title page. Signatures: A-B⁴ C² . Reproduction of the original in the Union Theological Seminary (New York, N.Y.). Library. eng Scotland. -- Parliament -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A11669 S100070 (STC 21919). civilwar no The intentions of the army of the kingdome of Scotland, declared to their brethren of England, by the commissioners of the late parliament, Scotland. Army 1640 5622 9 0 0 0 0 0 16 C The rate of 16 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-03 TCP Assigned for keying and markup 2004-03 Aptara Keyed and coded from ProQuest page images 2004-04 Mona Logarbo Sampled and proofread 2004-04 Mona Logarbo Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE INTENTIONS OF THE ARMY OF THE KINGDOME OF SCOTLAND , DECLARED TO THEIR BRETHREN OF ENGLAND , By the Commissioners of the late Parliament , and by the GENERALL , Noblemen , Barons , and others , Officers of the ARMY . RB printer's or publisher's device Printed at Edinburgh by ROBERT BRYSON , and are to be solde at his Shop at the signe of Ionah . 1640. ¶ The Intentions of the ARMY of the Kingdome of SCOTLAND , Declared to their Brethren of ENGLAND : By the Commissioners of the late Parliament , and by the GENERALL , Noblemen , Barons , and others , Officers of the ARMY . THE best endeavours , and greatest workes wherein the hand and providence of God have been most evident and sensible , and the hearts and intentions of men called to be the instruments most pious and sincere , though they found approbation with the wiser sort , and such as are given to observation , yet they have ever been subject to be misconstrued by blind suspition , to be reproved by cavilling censure , which maketh place for it self to enter where it findeth none , and to be condemned of the ignorant , and of such as are at ease , but most of all of the malicious , who can not be pleased even when God is best pleased , and when men seek to approve themselves to eevery ones conscience ; But in their hearts wish rather that the Temple should not be built , Religion never reformed , and they themselves coutch betwixt the two burdens , then that they should be in their worldly projects or possessions opposed or troubled . The deliverance of the people of God of old from the Egyptian servitude ; The redemption of the Kirk by the Son of God , and the planting of Christian Religion by his servants , and the vindication of Religion from Romish superstition and tyranny , which are the greatest and most wonderfull works of GOD , have been most bitterly calumniated , and spitefully spurned against by the wicked . The nature and quality of this great Work , wherein the Lord hath honoured us to be Agents , and the experience which we have found of continuall opposition , since the beginning , may teach us , if we be not as the horse and muse which have no understanding , that we are to expect the gainsaying of sinners ; and that nothing can be hatched in hell by Satan , or prompted by his Supposts on Earth , which will not be produced to make us and the cause of God , which we maintaine odious to all men , but most of all to our Neighbours and dearest Brethren . When we shall now enter into England , it will be layed to our charge , that we minde nothing but invasion , and that no lesse hath been intended by us from the beginning , then under the pretext of seeking our Religion and Liberties , to enrich our selves with their possessions and goods : But our peaceable carriage many yeares past , before the time of those late troubles , our Informations , Declarations , and Remonstrances published to the world , wherein we have cursed all Nationall invasion , and our willingnesse when we were in Armes , to lay them downe upon the smallest assurances of enjoying our Religion and Liberties , will be conceived by the wise and well affected , to bee more plaine and sure evidences of our meaning , then all that malice can devise , or calumnie can expresse against us . Neither have any new emergents altered , but rather confirmed our former resolutions . for although both before and since the late pacification , wee have beene highly injuried by some Papists , and Prelats , and their adherents there , who have beene , and are still seeking no lesse then that wee should no more bee a Kirk or a Nation , and therefore themselves can not thinke , but we must accompt of them as Gods enemies and ours ; yet above all the favours wee have received from the good people and Body of the Kingdome of England , One there is , which hath highly honoured them before the world , and endeered them unto us more then before , which shall never be forgotten by us , and wee hope shall be thankfully remembred by our Children , and Childrens Children after us , to all generations ; That when upon mis-information , the Councell of England had concluded to use force against us , when the Parliament of Ireland had offered their Persons and Estates for supply against us , when all plots and policies were set on work , and publick Declarations by authority were made , and the Parliament called for this very end , when we had been traduced and proclaimed as traytours and rebels at every Paroch Kirk ▪ yet so wise , so grave , so just was that High Court of Parliament ( to their everlasting honour be it remembred ) that no threatnings , nor feares , nor promises , nor hopes , could moove them to decerne a Warre , or grant any Subsidie for a Warre against us ; but rather by their speeches , complaints , and grievances paralell to ours , did justifie the Cause which we defend . This rich and recent favour doth so binde our hearts , that were our power never so great , we should judge our selves the unworthiest of all men , and could look for no lesse then vengeance from the righteous GOD , if we should moove hand or foot against that Nation , so comfortably to us represented in that honourable meeting . In this our than full acknowledgment , wee desire that the City of London may have their owne large share , as they well deserve by the noble proofes they have given of their constant affection to Religion , and the peace of both Kingdomes , notwithstanding the continuall assaults of the mis-leaders of King and Court living amongst them , and alwayes sounding the trumpet of Sedition in their eares : And if this which doth so convince us , shall not be thought sufficient to satisfie all the good people of England , VVee now before GOD and the world , make offer in generall , and will make offer to so many of them as will require it in particular , of the strongest and most inviolable bond of our solemne Oath and religious attestation of the great Name of GOD , who is our feare & our dread , & from whom we hope for a blessing upon our Expedition , that we intend no enimitie or rapine , and shall take no mans goods , nor ingage our selves in blood by fighting , unlesse we be forced unto it , which we may look for from the Papists , Prelats , and others of that faction ; but that any such thing shall come from godly men , or good patriots who love the trueth of Religion , or the Kings honour , and their owne Libertie , both the rule of charity , which entertaineth no suspition , where there is no evill-deserving , and the rule of wisedome , which teacheth , that both Nations must now stand or fall together , doe forbid us to apprehend . All the designe of both Kingdomes is , for the trueth of Religion , and for the just Liberty of the Subject ; and all the devices and doings of the enemy are for oppressing of both , that our Religion may bee turned into Superstition and Atheisme , and our Libertie into base servitude and bondage : To bring this to passe , they have certainly conceived , that the blocking up of this Kingdome by Sea and Land , would proove a powerfull and infallible meane : for either within a very short time shall wee through want of trade , and spoyling of our goods , bee brought to such extreamity , poverty , and confusion , that we shall miserably desire the conditions which wee now despise and declyne , and bee forced to embrace their will for a Law , both in Kirk and Policie , which will bee a precedent for the like misery in England , taught by our example to be more wise . Or upon the other part , we shall by this invasion bee constrayned furiously , and without order , to breake into England , which we beleeve is their more earnest desire , because a more speedy execution of their designe : For we doubt not but upon our comming , clamours will bee raysed , posts sent , and Proclamations made through the Kingdome , to slander our pious and just intentions , as if this had been our meaning from the beginning , To stirre up all the English against us , that once being entered in blood , they may with their owne swords , extirpat their own Religion , lay a present foundation with their own hands for building of Rome , in the midst of them , and be made the authors both of their own and our slavery , to continue for ever . But in this admirable opportunity of vindication of true Religion and just Liberty , if divine providence bee looked upon with a reverent by , and men fearing GOD , and loving the Kings honour , and peace of both Kingdomes , shall walke worthy of their Profession , although the enemies have obtained so much of their desires , as by coards of their own twisting to draw us into England , yet may their maine designe be disappointed , the rope which they have made , brought upon their owne necks , and their wisedome turned into foolishnes , which we have reason to hope for from that Supreame wisedome and power , which hath in all the proceedings of this VVork , turned their devices upon their own pates that plotted them . In our Informations , Remonstrances , and the True Representation of our proceeding ; since the late pacification , we have so farre expressed the wrongs which wee have sustained , and the distresses which wee suffer , as may make manifest our pressing necessity , to take some other course for our present relief , then such Petitions , Supplications , and Commissions , as we have used before , with lesse successe , then could have beene expected of a Kingdome from their own native King . Before we stirred so much as with a Petition , wee endured for many yeares , not onely the perpetuall opposition of the trueth and power of Religion by Prelats and Papists , but also the violation of all our Liberties , and almost the totall subversion of our Religion , which was our comfort in the sight of God , and the glory of this Nation in the sight of other Kirkes , who by the testimony of their Divines , made our Reformation the measure of their wishes , and would have redeemed it with their greatest worldly losses . When grosse Popery was notoriously obtruded upon us in the books of Canons and Common prayer , without consent or knowledge of the Kirke , and the plot of the Prelats and Papists wholly discovered , how to settle it in both Nations , wee added to our former sufferings , no other Armes but Prayers and teares unto GOD : and Petitions unto our King , which were utterly rejected ; The books and corruptions against which we petitioned , highly exalted , and by the insolent advice of those who governe now his Councells , and labour to establish their own evill acquired greatnesse , upon our oppression , and the ruines of our Religion and Liberties , we were forbidden to insist , under the pain of high Treason . When wee found our selves thus opposed and borne downe , still insisting in our humble desires , we solemnely renewed our Nationall Oath and Covenant , for preserving of our Religion and Liberties , and of his Majesties authority , knowing the violation of that Oath , to bee the guiltinesse which had procured our woes , and that our repentance and turning to GOD , were the meanes by his blessing for good successe . VVhen contrary to our deserving and expectation , His Majesty was moved by wicked counsell , to march toward us with an Army , we were very soon pleased , and choosed rather to neglect such courses , as might serve for our humane safety , then to fall in seeming disobedience to our King , Or to give the smallest distaste to our dear Brethren in England : And therfore disbanded our Forces , delivered all holds which were craved in testimony of our obedience : and so farre complyed with his Majesties pleasure , that notwithstanding the determination of our lawfull former Assembly called by his Majesty , we were contented that a new free Assembly and Parliament should be appointed , where all things both concerning our Religion and Liberties , might again be considered and established . VVhen matters Ecclesiasticall were determined in the Assembly , according to the constitutions of the Kirk , in the presence , and with the consent of his Majesties Commissioner , and the Parliament was conveened for perfecting the VVork , although we walked therein so warily , that no just provocation was given to his Majesty , yet contrary to the Lawes and custome of this Kingdome , the Parliament so certainly promised , when his Majesty was free of those bad Counsellours , was by their evill advyce prorogued ; which , to shew our invincible obedience , we were content to suffer , and did sent up our Commissioners to London , to render the reasons of our demands . When our Commissioners and Petitions of the Parliament , called by his Majesty , were so farre rejected , that they were never seen nor heard , we send up our Commissioners again with our Propositions , which contained nothing but what was necessary for the good and peace of the Kingdome , and was granted unto us before , under his Majesties hand , yet could they finde no answer at all , which will be wondered at , and hardly beleeved by so many as are strangers at Court , and know not that the Bishop of Canterbury , and the Lievtenant of Ireland , with the assistance of the too too powerfull Faction of the Papists , labour to show their zeale for his Majesties greatnesse , by the oppressing the just Liberties of the Subjects , and the Reformed Religion in all the three Kingdomes . But in place of the gracious answer which we expected , Our Commissioners were restrained , and one of the Noblemen imprisoned ; Garrisons of strangers set over our heads , in an insolent and barbarous way , exercising their cruelty even against women and children ; Our ships and goods taken and sunke , and the Owners stripped naked , and more inhumanely used at the commandement of abused authority by the subjects of our owne King , then by Turkes and Infidels . And great Armies prepared against us , with a terrible Commission to subdue and destroy our selves , our Religion , Liberties , Lawes and all . In this extreamity for us to send new Commissioners or Petitions , were against sense and experience ; those that governe the Kings Counsels being far from any inclination or intention to satisfie the just desires and grievances of the Subjects , as they have made manifest by breaking up of the Parliaments in both Kingdomes . To sit still in senselesnesse and stupiditie , wayting for our owne destruction at the discretion of our mercilesse enemies ( which were it not at this time joyned with the cause of God , would move us the lesse ) is not onely against Religion , but Nature ; teaching and commanding us to study our own preservation . To endure continuall threatnings , and so great hostility and invasion from yeare to yeare , which is the professed policie of our enemies , is impossible ; and when wee have examined our own Strength , more then we are able to beare . We have therefore after much agitation and debating , with , and amongst our selves , resolved to have our proceedings , which have been canvassed by so many , and brought to some point of determination in our own Parliament , to be better known to the Kings Majesty , and the world , and especially to the Kingdome of England , that against all false and artificiall relations , they being nakedly seen to be what they are , wee may obtaine a better grounded and more durable peace , for enjoying of our Religion and Lawes : and as wee desire the unworthy authors of our troubles , who have come out from our selves , to be tryed at home , and Justice to be done upon them , according to our owne Lawes : So shall wee presse no further processe against these pernicious Counsellours in England , the authors of all the miseries of both Kingdomes , then what their own Parliament shal decerne to be their just deserving . When we look back upon this Work of Reformation from the beginning , and perceive the Impressions of the providence of God in it , wee are forced in the midst of all our difficulties and distresses , to blesse God for his Fatherly care and free love to this Kirk and Kingdome , and to take courage and spirit to proceed in patience & perseverance , whither he shall goe before us , and leade us on . When the Prelats were growne by their rents & lordly dignities , by their power over all sorts of his Majesties Subjects , Ministers , and others , by their places in Parliament , Councell , Colledge of Justice , Exchequer , and high Commission , to an absolute dominion & greatnesse , and setting their one foot on the Kirk , and the other on the State , were become intollerably insolent , even then did the Work begin , and this was the Lords opportunity . The beginnings were small , and promised no great thing , but have been so seconded and continually followed by Divine providence , pressing us from step to step , that the necessity was invincible , and could not be resisted . It cannot be expressed what motions filled the hearts , what teares were powred forth from the eyes , and what cryes came from the mouthes of many thousands in this Land at that time , from the sense of the love and power of God , raysing them as from the dead , and giving them hopes after so great a deluge and vastation , to see a new world , wherein Religion and Righteousnesse should dwell ▪ When wee were many times at a pause , and knew not well what to doe , the feares , the furies , the peevishnesse , and the plots also of our dementat adversaryes , opened the wayes unto us , and taught us how to proceed ; and what they devised to ruine us , served most against themselves , and for raysing and promooving the Worke . Although neither Councell , nor Session , nor any other Judicature , hath been all this time sitting , and there have beene meetings of many thousands , at some times , yet have they been keeped without tumult or trouble , and without excesse or ryot , in better order , and greater quietnesse , then in the most peaceable times hath been found in this Land . VVhen we were content at the pacification , to lay down Armes , & with great losse , to live at home in peace , our wicked enemies have been like the troubled Sea when it cannot rest , whose waters cast up mire and dirt , and will have us to doe that which it seemeth the Lord hath decreed against them . The purity of our Intentions f●rre from base and earthly respects : The bent and inclination of our hearts in the midst of many dangers : The fitting of instruments , not onely with a desire and disposition , but with spirit and ability to overcome opposition , and the constant peace of heart accompanying us in our wayes , which beareth us out against all accusations and aspersions , are to us strong grounds of assurance , that GOD hath accepted our worke , and will not leave us . VVee know that the Lord may use even wicked men in his servic● , and may fill their sailes with a faire gale of abilities , and carry them on with a strong hand , which should make us to search our hearts the more narrowly : But as this ought not to discourage his own faithfull servants , who out of love to his Name , intend his honour , walk in his wayes , finde his peace ▪ comforting them , his providence directing them , and his prefence blessing them in their affaires ; So it cannot be any just ground of quarrelling against the work of GOD . Yet all those our encouragements , which have upholden our hearts in the midst of many troubles , could not make our ●ntry into England warrantable , if our peace , which we earnestly seek and follow after , could be found at home , or elsewhere . Where it is to be found , we must seek after it ; and no sooner shall we finde it , but by laying down our Armes , and by the evidences of our peaceable disposition , wee shall make it manifest to the world , and especially to the Kingdome of England , that we are seeking nothing else , and that our taking up of Armes , was not for invasion , but for defence . No man needeth to plead by positive Law for necessity : it is written in every mans heart by Nature , and in all Nations we find men have received it by practise ; That Necessity is a Soveraignitie , a Law above all Lawes , is subject to no Law , and therefore is said to have no Law : where Necessity commandeth , the Lawes of Nature and Nations give their consent , and all positive Lawes are silent and give place . This Law hath place sometimes to excuse , sometimes to extenuat , and sometimes to justifie and warrand actions otherwayes questionable . And no greater necessity can be , then the preservation of Religion which is the Soule ; of the Countrey which is the Body ; of our Lyves who are the members , and of the honour of the King who is the Head : All those at this time are in a common hazard , and to preserve and secure all , wee know no other way under the Sunne ( and if any man be so wise as to know it , wee desire to heare it , and shall bee ready to follow it ) but to take order with our common enemies , where they may be found , and to seek our assurance where it may be given . The question is not , whether we shall content our selves with our own poverty , or enrich our selves in England , that question is impious and absurd . Neither is the question whether we shall defend our selves at home , or invade our Neighbours and dearest Brethren , this also were unchristian and unreasonable : But this is the question , whether it be wisdome and piety to keep our selves within the Borders till our throats be cut , and our Religion , Lawes , and Countrey be destroyed : Or shall wee bestirre our selves , and seeke our Safeguard , Peace and Liberty in England : whether we shall doe or dye ; whether we sha●l goe and live , or abide and perish : Or more largely to expresse all , whether we who are not a few privat persons , but a whole Kingdome , shall lye under the burden of so many accusations , as scarcely in the worst times have beene intended against Christians , Receive the Service booke , and the whole body of Popery , Embrace the Prelats , and their abjured Hierarchy , Renounce our solemne Oath and Covenant , so many times sworne by us , lose all our labours and paines in this Cause , and forget our former slavery and wonted desires of redemption at the dearest rate , Tickle the mindes of our enemies with joy , and strengthen their hands with violence , and fill the hearts of our friends with sorrow , and their faces with shame , because of us , Deserte and dishonour the Sonne of God , whose Cause we have under-taken , whose Banner wee have displayed , and whose Trueth and Power hath been this time past , more comfortable unto us , then all that the peace and prosperity of the world could have rendered , and draw upon our selves all the Judgements which GOD hath executed upon Apostates since the beginning ; Or shall we fold our hands , and waite for the perfect slavery or our selves , and our posterity , in our Soules , Bodies , and Estates , and ( which is all one ) foolishly to stand to our defence , where we know it is impossible ; Or shall wee seeke our reliefe in following the calling of GOD , ( for our necessity can bee interpreted to be no lesse and entering by the doore which his providence hath opened unto us , when all wayes are stopped beside ? Our enemies at first did shroud themselves so farre with the Kings authority , that they behooved to stand and fall together , and that to censure them , was treason against the King . But we have showne , that the Kings Crowne is not tyed to a Prelats Mitre ; and that the one may be cast unto the ground , and the other have a greater lustre and glory then before . Now they take themselves to another starting hole , and would have men thinke , that to come in to England , and to pursue them , although legally , is to invade the Kingdome where they live ; As if the cutting away of an excrescence , or the curing of an Impostume , were the killing of the Body . Let them secure themselves under the shelter of their own phantasies ; But we are not so undiscerning , as like mad men , to run furiously upon such as they first meet with , and come in their way . For although it cannot bee denyed , but the wrongs done unto us ; as the breaking of the late Peace , Crying us down as rebels and traytours , The taking of our ships and goods , The imprisoning of our Commissioners , The acts of hostility done by the English in our Castles : Had they beene done by the State or Kingdome of England , they might have beene just causes of a Nationall quarrelling : Yet since the Kingdome of England , conveened in Parliament , have refused to contribute any supply against us , have shown themselves to be pressed with grievances like unto ours , have earnestly pleaded for redresse and remedy , and a Declaration made , that his Majesty our of Parliament will redresse them , which might be a cure for the grievances of particular Subjects , but Nationall grievances require the hand of the Parliament for their cure ▪ for preventing whereof , the Parliament was broken up and dissolved . Neither doe we quarrell with the Kingdome for the Injuries which we sustain ▪ nor can they quarrell with us , for taking order with that prevalent Faction of Papists & Prelats , the Authors of so many woes to both Nations , let all who love Religion & their liberty joyn against the common enemies , and let them be accursed who shall not seek the preservation of their Neighbour Nation , both in Religion and Lawes , as their own , as knowing that the ruine of one , will prove the ruine of both . And as we attest the God of Heaven and Earth , that those and no other are our Intentions ; so upon the same greatest attestation doe we declare , That for atchieving those ends , we shal neither spare our pains , fortunes , nor lyves , which we know cannot be more profitably & honorably spent : That we shal not take from our Friends & Brethren , from a threed even to a shooe latchet , but for our own moneyes , and the just payment , that wee come amongst them as their Friends and Brethren , very sensible of their by-past sufferings & present dangers , both in Religion and Liberties , and most willing to doe them all the good we can . Like as wee certainly expect , that they from the like sense of our hard condition , and intollerable distresses , which hath forced us to come from our own Countrey , will joyne and concurre with us , in the most just and noble wayes , for obtaining our just desires : And when our own moneyes and meanes are spent , we shall crave nothing but upon sufficient surety of repayment , how soon possibly it can be made , what is necessary for the entertainment of our Army , which wee are assured so many as love Religion , and the peace of both Kingdomes , will willingly offer , as that which they know we cannot want , and in their wise fore-sight will provide the way to furnish necessaries , and to receive the surety . This course being keeped by both sides , will neither harme our Brethren , for they shall bee satisfied to the least farthing ; nor our selves , who look for a recompence from the rich providence of God , for whose sake we have hazarded the losse of all things . The escapes of some Souldiours ( if any shall happen ) we trust shall not be imputed unto us , who shall labor by all means to prevent them more carefully , & to punish thē more severely , then if done to our selves , & in our own Country . Our professed enemies the Papists & Prelats , with their adherents , & the receipters of their goods & geir , we cōceive wil be more provident , then to refuse us necessary sustentation , when they remember what counsell was given by them , for declaring all our Possessions to be forfeited , & to be disposed of to them , as well deserving Subjects . We shall demand nothing of the Kings Majesty , but the settling and securing of the true Religion , and Liberties of this Kingdome , according to the Constitutions and Acts of the late Assemblies , and Parliament , and what a just Prince oweth by the Lawes of God and the Countrey , to his grieved Subjects , comming before him with their humble desires and supplications . Our abode in England shal be for no longer time , then in their Parliament our just grievances and complaints shall be heard and redressed , sufficient assurance given for the legall tryall and punishment of the Authors of our evills , and for enjoying of our Religion and Liberties in peace , against the invasion of their Countreymen . Our returning thereafter shall be with expedition , in a peaceable and orderly way , farre from all molestation ; and wee trust the effect shall be against Papists the extirpation of Popery , against Prelates the Reformation of the Kirk , against Atheists the flourishing of the Gospel , and against Traytours and fire-brands , a perfect and durable Union and Love between the two Kingdomes : which , he grant who knoweth our intentions and desires , and is able to bring them to passe . And if any more be required , God will reveale it , and goe before both Nations ; and if he goe before us , who will not follow , or refuse to put their necks to the Work of the Lord ? FINIS . 
A11701	----	Charles by the grace of God, King of Great Britaine ... forsomuch as in our Parliament holden at Edinburgh upon the twentie eighth day of June, 1633 ... have made one voluntarie and free offer of one taxation ... thirtie shillings ... Scotland. Sovereign (1625-1649 : Charles I) 1633 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A11701 STC 21990 ESTC S2321 23272172 ocm 23272172 26483 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11701) Transcribed from: (Early English Books Online ; image set 26483) Images scanned from microfilm: (Early English books, 1475-1640 ; 1803:23) Charles by the grace of God, King of Great Britaine ... forsomuch as in our Parliament holden at Edinburgh upon the twentie eighth day of June, 1633 ... have made one voluntarie and free offer of one taxation ... thirtie shillings ... Scotland. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 broadside. R. Young, [Edinburgh : 1633] Second pt. of title from text. Imprint suggested by STC (2nd ed.). "Given under our signet at Edinburgh the twentie eight day of June, and of our reigne the ninth year, 1633." Reproduction of original in the Town House (Aberdeen, Scotland). Charter Room. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Taxation -- Scotland. Scotland -- History -- Charles I, 1625-1649. Scotland -- Proclamations. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion CHARLES by the Grace of God , King of great Britaine , France , and Ireland , Defender of the Faith , &c. To 〈…〉 Messengers , our Sheriffs , in that part conjunctly and severally specially constitute greeting . Forsomuch as in our Parliament holden at Edinburgh upon the Twentie eighth day of June , 1633. the three Estates of our Kingdome of Scotland being assembled , having taken to their consideration the many blessings which this nation doth enjoy under our most wise , happie , and peaceable government , whereof each Estate is most sensible , our Royall zeale for propagating the Gospel of Jesus Christ , our care for providing sufficient maintenance for the Clergie , our extraordinarie pains taken for uniting the dis-jointed members of this common-wealth , and extirping of all roots of discords , relieving the oppressed , and with so even and fatherly a hand curing the wounds of this common-wealth , as the wisest eye can finde no blemish in the temper of all our royall actions ; and lastly , the great comfort they have by enjoying of our presence , pains taken , and expences disburst by Us in this our journey , Have made one voluntarie and free offer of one taxation to be imposed , collected , and payed to Us in manner and at the six termes following , That is to say , For the Barons and Free-holders partes of the same taxation Thirtie shillings money to be uplifted of everie pound land of old extent within this our kingdome pertaining to Dukes , Marquesses , Earles , Vicounts , Lords , Barons , Free-holders and Fewars of our proper lands , holden by them immediately of Us ▪ and to be payed by them at everie one of the six severall termes following , videlicet , The sowme of thirtie shillings money 〈…〉 feast and terme of Martinmasse in the year of God , 1634. years . The sowme of other thirtie shillings money at the feast and 〈…〉 ●●●●inmasse in the year of God , 1635. The sowme of other thirtie shillings mony at the feast and terme of Martinmasse in th● 〈…〉 1636. The sowme of other thirtie shillings mony at the feast and terme of Martinmasse in the year of God , 1637. The sow●●●● other thirtie shillings mony at the feast and terme of Martinmasse in the year of God , 1638. And the sowme of other thirtie shillings money at the feast and terme of Martinmasse in the year of God , 1639. And for the spirituall men and burrows , partes of the same taxation , that there shall be uplifted of everie Archbishoprick , Bishoprick , Abbacie , Priorie , and other inferiour benefice , and of everie free burgh within this our said Kingdome at everie one of the said six severall termes payment , The just taxation thereof as they have been accustomed to be taxed unto in all time by-gone whensoever the temporall Lands within this our said Kingdome were stented to thirtie shillings the pound land of old extent . And the same taxation to be payed at everie one of the six severall termes above-written . And for inbringing of the 〈…〉 termes payment of our burrowes , parts of the same taxation , Our other letters are direct , charging the provest and bayliffs of each burgh to make payment of the taxt and stent thereof To 〈…〉 Our Co●●●or generall appointed by Us for receiving of the same taxation , or to his deputes and officers in his name , having his power 〈◊〉 the same , at the feast and terme of Martinmasse , in the year of God One thousand six hundred thirtie 〈…〉 years , 〈…〉 of rebellion , and putting of them to our horn . For whose relief 〈…〉 OUR WILL IS , and we charge you straitly and command , That incontinent these our letters seene , ye passe , and in Our name and authoritie command and charge the Councell of that our burgh of 〈…〉 To conveene with you the said Provest and Bayliffs , and elect certain persons to stent their neighbours , And the same election being made , that ye charge the persons elected to accept the charge upon them in setting of the said stent upon the inhabitants of that our said burgh , and to conveene and set the same , and to make a stent roll thereupon as effeiris , within twentie foure houres next after they be charged by you thereto , under the pain of rebellion and putting of them to our horne . And if they failyie therein the said twenty foure houres being by-past , that ye incontinent ▪ thereafter denounce the disobeyers our rebels , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . And likewise the said stent roll being made and set down as said is , That ye in our name and authoritie command and charge the burgesses , indwellers and inhabitants within that our burgh , To make payment of their said stent to you our said Provest and Bayliffs conform to the taxt roll to be made and given out thereupon within three daies next after they be charged by you thereto , under the paine of rebellion , and putting of them to our horne . And if they failyie the said three daies being by-past , that ye incontinent thereafter denounce the disobeyers our rebells , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . And if need be , that ye our said Provest and Bayliffs poynd and distreinyie therefore , as ye shall think most expedient , according to justice , as ye will answer to us thereupon . The which to doe we commit to you conjunctly and severally our full power , By these our letters delivering them by you duely execute and indorsed again to the Bearer . Given under our signet at Edinburgh the twentie eight day of June , and of our Reigne the ninth year , 1633. Per actum Parliamenti . 
A11702	----	Charles by the grace of God, King of Great Britaine ... forsomuch as in our Parliament holden at Edinburgh upon the twentie eighth day of June, 1633 ... have made a free and willing offer of one yearly extraordinarie taxation of the sixteenth pennie of all annuall rents ... Scotland. Sovereign (1625-1649 : Charles I) 1633 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A11702 STC 21991 ESTC S2322 23273161 ocm 23273161 26485 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11702) Transcribed from: (Early English Books Online ; image set 26485) Images scanned from microfilm: (Early English books, 1475-1640 ; 1803:24) Charles by the grace of God, King of Great Britaine ... forsomuch as in our Parliament holden at Edinburgh upon the twentie eighth day of June, 1633 ... have made a free and willing offer of one yearly extraordinarie taxation of the sixteenth pennie of all annuall rents ... Scotland. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 broadside. R. Young, [Edinburgh : 1633] Second pt. of title from text. Imprint suggested by STC (2nd ed.). "Given under our signet at Edinburgh the twentie eighth day of June, and of our reigne the ninth year, 1633." Reproduction of original in the Town House (Aberdeen, Scotland). Charter Room. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Taxation -- Scotland. Scotland -- History -- Charles I, 1625-1649. Scotland -- Proclamations. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion CHARLES by the Grace of God , King of great Britaine , France , and Ireland , Defender of the Faith , &c. To 〈…〉 Messengers , our Sheriffs , in that part conjunctly and severally specially constitute greeting . Forsomuch as in our Parliament holden at Edinburgh upon the Twentie eighth day of June , 1633. the three Estates of our Kingdome of Scotland being assembled , having taken to their consideration the many blessings which this nation doth enjoy under our most wise , happie , and peaceable government , whereof each Estate is most sensible , our Royall zeale for propagating the Gospel of Jesus Christ , our care for providing sufficient maintenance for the Clergie , our extraordinarie pains taken for uniting the dis-jointed members of this common-wealth , and extirping of all roots of discords , relieving the oppressed , and with so even and fatherly a hand curing the wounds of this common-wealth , as the wisest eye can finde no blemish in the temper of all our royall actions ; and lastly , the great comfort they have by enjoying of our presence , pains taken , and expences disburst by Us in this our journey , Have made a free and willing offer of one yearly extraordinarie taxation of the sixteenth pennie of all annuall rents which any person or persons within this our said Kingdome have freely due and payable to them yearly or termly ( their owne annuall rents wherein they are adebted to others being first deduced ) The first termes payment whereof is to be and begin at the feast and terme of Martinmasse in the year of God , 1634. and so forth yearly and termly at Martinmasse and Whitsunday for the space of six years , untill the said six years and twelve termes payment thereof be full and completely out-run . And whereas We and Our Estates have by act of the said Parliament authorised all and sundrie heretable sheriffs , stewards , bayliffs , and bayliffs of regalities , and their deputes , and the Provests and bayliffs of free burrows within the bounds of their jurisdictions , as likewise the clerks within the jurisdictions where these offices are not heretable ( which Clerks have their offices ad vitam ) To collect the said extraordinarie taxation , and to make payment thereof to the Collector generall to be appointed by Us for receiving of the same . Therefore , and for inbringing of the 〈…〉 termes payment of the said extraordinarie taxation , Our other letters are direct , charging all and sundrie heretable sheriffs , stewards , bayliffs , and bayliffs of regalities , their deputes and clerks , and the Provests and bayliffs of free burrows and their clerkes , As likewise the clerkes within the jurisdictions where these offices are not heretable , That they and everie one of them dwelling by North the river of Dee within the space of fifteene daies after the said terme of 〈…〉 in the year of God 163● years , And that they and everie one of them dwelling be south the river of Dee within the space of ten daies after the said terme , deliver to 〈…〉 Our collector generall appointed by Us for receiving the said extraordinarie taxation , A true and justaccompt and inventar of the whole sowmes of money due to be payed by any person within the bound of their jurisdictions for his part of the said extraordinarie taxation , and that they give up the same compt and inventar upon their oathes solemnely sworne that the same are just and true , And that they make payment to our said collector generall , or to his deputes in his name , having his power to receive the same of the whole moneys due to be payed to Us , conforme to the said accompt and inventar for the said 〈…〉 termes payment of the said extraordinarie taxation , within twentie daies after the terme of 〈…〉 in the year of God , One thousand six hundred thirtie 〈…〉 years , under the pain of rebellion and putting of them to our horne . For whose reliefe 〈◊〉 OUR WILL IS , and we charge you straitly and command , That incontinent these our letters seene , ye passe , and in Our name and authoritie command and charge all and sundrie the said annuall-rentars dwelling within that our 〈…〉 To make payment to you our said 〈…〉 and your deputes of the said sixteenth pennie of all annuall rents freely due and payable to them as for the said 〈…〉 termes payment of the said extraordinarie taxation , within twentie daies next after they be charged by you thereto , under the paine of rebellion and putting of them to our horne . And if they failyie the said twentie daies being by-past , that ye incontinent thereafter denounce the disobeyers our rebels , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . And if need be , That ye our said 〈…〉 poynd and distrenyie therefore , as ye shall thinke most expedient . According to justice , as ye will answer to us thereupon . The which to doe we commit to you conjunctly and severally our full power , By these our letters delivering them by you duely execute and indorsed againe to the Bearer . Given under our signet at Edinburgh the twentie eight day of June , and of our Reigne the ninth year , 1633. Per actum Parliamenti ▪ 
A11704	----	Charles by the grace of God, King of Great Britaine ... forsomuch as we and the Estates of our Parliament presently conveened, remembring that at the first institution of the Colledge of Justice ... Scotland. Sovereign (1625-1649 : Charles I) 1633 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A11704 STC 21994 ESTC S2323 23273282 ocm 23273282 26486 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11704) Transcribed from: (Early English Books Online ; image set 26486) Images scanned from microfilm: (Early English books, 1475-1640 ; 1803:25) Charles by the grace of God, King of Great Britaine ... forsomuch as we and the Estates of our Parliament presently conveened, remembring that at the first institution of the Colledge of Justice ... Scotland. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 broadside. R. Young, [Edinburgh : 1633] Second pt. of title from text. Imprint suggested by STC (2nd ed.). "Given under our signet at Edinburgh the twentie eight day of June, and of our reigne the ninth year. 1633." Reproduction of original in the Town House (Aberdeen, Scotland). Charter Room. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Taxation -- Scotland. Scotland -- History -- Charles I, 1625-1649. Scotland -- Proclamations. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms CHARLES by the Grace of God , King of great Britaine , France , and Ireland , Defender of the Faith , &c. To our Messengers , our Sheriffs , in that part , conjunctly and severally specially constitute greeting . Forsomuch as we and the Estates of our Parliament presently conveened , remembring that at the first institution of the Colledge of Justice , and divers times thereafter in Parliaments ratifying the same ; Our royall Ancestors and Estates of our Realme then assembled , found the erection of that honourable consistorie , which is a biding monument of the glorie of their reignes , not onlie to be usefull for royall service , but also necessarie and profitable for the peace of this our Kingdome , and to the seene good and comfort of all our Subjects ; And considering that the provision allowed of before to the Lords of Session was no wayes sufficient for defraying of their charges ; And that through their continuall attendance , their private affaires are neglected , and great losses thereby sustained by them : Therefore , and to the effect , the said Senators and Lords of our Session , present and to come , may be more encouaged to go on , and to persist as they do , in their zeale , and affections to our service , and in faithfull ministration of Justice , to the generall weale of this our Realme and our Lieges ; The said Estates , with our speciall approbation , and gracious good-liking , have most freelie condescended , statute , and enacted , that a taxation be presently imposed upon their lands and means , which with our consent foresaid , they ordaine to be collected and payed to the effect , in maner , and at the termes following : That is to say , The Duke , Marquesses , Earles , Vicounts , Lords , and Commissioners of Shires for the temporall Estate , have granted that there shall be vplifted of everie pound land of old extent within this our Kingdome pertaining to Dukes , Marquesses , Earles , Vicounts , Lords , Barons , Freeholders , and Fewers of our proper lands , the summe of ten shillings money at every one of the four tearms following , viz. The summe of ten shillings money at the feast and tearm of Martinmasse next to come in this instant year of God , 1633. The summe of other ten shillings money at the feast and tearm of Martinmasse , in anno 1634. The summe of other ten shillings money at the feast and tearm of Martinmasse , 1635. And the summe of other ten shillings money at the feast and tearme of Martinmasse , 1636. And for the spirituall men and burrowes parts of the same taxation , that there shall be uplifted of all Archbishoprickes , Bishoprickes , Abbacies , Pryories , and other inferiour benefices , and of every free burgh within this our Kingdome , at every one of the foure tearms abouespecified ; the just taxation thereof , as they have been accustomed to be taxed in all time by-gone , whensoever the temporall Lands of this our Kingdome were stented to tenne shillings the pound land of old extent . And for inbringing the tearms payment of our burrowes parts of the same taxation , Our other letters are direct , charging the Provest , and Bayliffs of each burgh to make payment of the taxt and stent thereof to Collector generall , appointed for receiving of the same taxation , or to his Deputs & Officers in his name , having his power to receive the same , at the feast & tearm of Martinmas , in the year of God one thousand six hundred thirtie years , under the pain of rebellion & putting of them to our horn : For whose reliefe , OUR WILL IS , and we charge you straitly and command , that incontinent these our Letters seene , yee passe , and in our name and authoritie command and charge the Councell of that our burgh of to conveene with you the said Provest and Bayliffs , and elect certaine persons to stent their neighbours ; And the same election being made , that ye charge the persons elected to accept the charge upon them , in setting of the said stent upon the inhabitants of that our said burgh : And to conveene and set the same , and to make a stent roll thereupon as effeiris , within twentie foure hours next after they be charged by you thereto , under the paine of rebellion , and putting of them to our horn . And if they failye , the said twentie foure hours being by-past , that ye incontinent thereafter denounce the disobeyers our rebels , and put them to our horne , and escheat and inbring all their moveable goods to our use for their contemption . And likewise the said stent roll being made and set downe as said is , That ye in our name and authoritie command and charge the Burgesses , Indwellers , and Inhabitants within that our burgh , to make payment of their said stent to you our said Provest and Bayliffs , Conforme to the taxt roll to be made and given out thereupon , within three dayes next after they be charged by you thereto , under the paine of rebellion , and putting of them to our horne . And if they failye therein , the said three dayes being by-past , that yee incontinent thereafter denounce the disobeyers our rebells , and put them to our horne , and escheat and inbring all their moveable goods to our use , for their contemption . And if need be , that ye Our said Provest and Bayliffs poynd and distrenyie therefore , as ye shall thinke most expedient , according to justice , as ye will answer to us thereupon . The which to doe , Wee commit to you conjunctly and severally , Our full power , by these Our Letters , delivering them by you duely execute and indorsed againe to the Bearer . Given under Our Signet at Edinburgh the twentie eight day of June , and of Our reigne the ninth year . 1633. Per actum Parliamenti . 
A11674	----	A Remonstrance concerning the present troubles from the meeting of the Estaees [sic] of Scotland, Aprill 16. unto the Parliament of England. This text is an enriched version of the TCP digital transcription A11674 of text R212142 in the English Short Title Catalog (STC 21928). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 66 KB of XML-encoded text transcribed from 14 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A11674 STC 21928 ESTC R212142 21499765 ocm 21499765 24660 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11674) Transcribed from: (Early English Books Online ; image set 24660) Images scanned from microfilm: (Early English books, 1475-1640 ; 1714:5) A Remonstrance concerning the present troubles from the meeting of the Estaees [sic] of Scotland, Aprill 16. unto the Parliament of England. Scotland. Parliament. [2], 27 p. [Cloppenburg Press], [Amsterdam] printed : 1640. Place of publication and publisher suggested by STC (2nd ed.). Signatures: A-C⁴ D². Errors in paging: p. 8 and 9 misnumbered 9 and 8. Reproduction of original in the Harvard University. Library. eng Scotland -- History -- Charles I, 1625-1649. Scotland -- Politics and government -- 1625-1649. A11674 R212142 (STC 21928). civilwar no A remonstrance concerning the present troubles from the meeting of the Estaees [sic] of the kingdome of Scotland, Aprill 16. unto the Parlia [no entry] 1640 12289 243 0 0 0 0 0 198 F The rate of 198 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2002-03 TCP Assigned for keying and markup 2002-04 SPi Global Keyed and coded from ProQuest page images 2002-05 TCP Staff (Michigan) Sampled and proofread 2002-05 Mona Logarbo Text and markup reviewed and edited 2002-06 pfs Batch review (QC) and XML conversion IR A REMONSTRANCE CONCERNING THE PRESENT TROUBLES FROM THE MEETING OF THE ESTAEES OF the Kingdome of SCOTLAND , Aprill 16. unto the Parliament of ENGLAND . Printed in the Year of God . 1640. A REMONSTRANCE CONCERNING THE PRESENT TROUBLES FROM THE MEETING OF THE ESTAEES OF the Kingdome of SCOTLAND , Aprill 16. unto the Parliament of ENGLAND . WHEN we look unto the Records of the ages past , to find out the greatest blessings that God hath bestowed on this I LE , wherin we live , we cannot but acknowledge , that next to the Christian Faith , the Union of the two Kingdomes under one Head , doth by many degrees exceed all other that fall in the reckoning . Many practises and policies were set afoot by our Princes of old , to hasten this work : but all in vain did the plots of men strive to crosse or prevent the councell of God , who had reserved for us and our fathers that singular happines , to see that Union begun neither by a breach of faith , nor by bloud , but as the gift of God , to fall in our hands by the ordinary gate which the Princes right sets open unto all , and the generall and common interest of both Nations did heartily receive and imbrace . With what successe this Union hath begun and continued to this day , the peace and plenty we have enjoyed all this time , can witnesse in part , whiles all the rest of Europe almost , round about us , hath been a Field of blood and desolation . What apprehension the enemies of our Religion had at our peaceable conjunction , and with what eye of jealousie the neighbour States did look upon us , and envie our happines , the History of these times can beare record : but for the present , in regard of what hath passed these many yeares by-gone , and what we presently feel and fear , we may truly confesse to our own guilt and great dishonour , that neither Scotland nor England unto this day hath righty understood or made use of this ra●●blessing of heaven , for increasing their respect abroad , or securing t●eir own safety at home ; neither have the reformed Churches found tha●comfort and relief which they did expect from us in the day of t●eir distresse , but on the contrary we have been made , even against ou●wills , a br●k●n reed , a rocke of offence , and a shipwrack unto all that have fought unto us for shelter from the storme , and to our selves the one Nation against the other , a rod of correction and jealousie , in the hands of a few wicked and ungodly men , men of sep●ration , who divide the King from his people , and the people ●●om their King ; and who raise up brethren ag●in●t brethren● that they in the end might prey and make havock of all . Amongst many that have been authors of these evils under which the two Kingdoms have for a long time groaned , and belike must either now or never be disburthened , none deserve so justly to be challenged in the first place as some amongst you who call themselves Church-men , but have left their station to become ignorant and unhappy Statesmen , who have made the Church and the Tenets therof , an instrument of bondage to the Subject , of liberty to themselves , and of unjust usurpation to the Prince , whom we had reason to feare long agoe by your example , and whom we find named as the chief instrument and object of your just feares of the change of Religion and government of Estate in the Kingdome of England , in that grave and solemn Remonstrance that was made not many yeares agoe , by the house of Commons to the Kings Majesty , if that had stopped them any way , your pulpits and pamphlets can beare witnesse for them and the rest of their crue since that time , yea how constant they are to the●e wretched ends , their attempts upo● us , and that deep plot of ob●ruding the seeds of all Popish superstition and tyranny , upon our Kirk , in the Bookes of Common Prayer , and Canons , will be a strong evidence for them how much they have deserved of Rome , to make that Kirk which had departed farthest from her to be fi●st in the return , and exemplar unto others and how much more they may yet deserve of them , and all the enemies of those tw● Kingdomes , if they ●ffer for a sacrifice in a blo●die Warre , the Rel●g●on and Liberties of both the Nations , to appease the fury o● ther pres●n● disapp●intment , and prevent the shame of their de●e●ved ●all . Certai●ly the posterity will hardly beleeve as we who have ●ee● it cannot but wonder ) how it hath come to passe , that the Subjects of Scotland ( whose Union with Engl●●d this day is known to be of g●ea●●r fo●ce , ●or her assurance at home , and strength abroad , then all the alliances , pra●tises , policies , conques●s your P●inces have made from the begi●ni●g ) ●hould have so long pe●itioned their native Prince r●sidi●g amongst you to do them J●stice wher●f he is debtor to his pe●ple , and to heare their just complaints against the us●rpa●ion of a ●ew men , who were undermining the p●o●ess●●●●ligion and government of the State , and to suffer them to live according to their Laws , and yet could never be hea●d nor answered in the poin● of their just desires , farre lesse will they guesse what hath been the ground of that merit and trust of one domineering Pr●lat in the affection of the Prince , that it should be more forcible to disswade , then all the supplications and int●rc●ssions of so ancient and faithfull a N●tion , who among all the Kingdomes of Europ● have longest continued and main●ai●ed in one Line the honour of the Royall Crown , toge●her with the preservation of their own Liberties , should have power to move . Truly for our selves when we call to mind what courage and co●stancie God hath given unto ●s since the beginning of these troubles , ●o stand for the maintenance of our Religion and Liberties , that we have not suffered our selves to be drawn headlong unto the servit●de of soul●s and bodies , from which there had been no hope of Liberty for us or our po●●erity , and which in regard of ou● conjunction with you under one King , had been a violent prejudice , and of dangerous conse●uence for your Liberties when they come to be questioned in their own time and place , and on the other part when we remember what strange and violent wayes were taken by our adversaries to keep from the Englis● Nation the knowledge of our affaires , and what unjust and false aspersions were laid upon all our ac●ions and intenti●ns● to provoke you to be actors of that re●●nge that was determined against us by the insolent advice of such● who now govern his Majesties Councels , and ●ettle their own ill acquired g●eatnes by the oppression of his obedient Subjects in their Religion and liberties in both Kingdomes , we cannot but bl●sse God who armed u● with an invinsible pa●ience and resolution to es●hew for our part● 〈◊〉 the uttermost of our power any Nationall breach : For ye may remember when co●trary to our expectation his Majesty by all the evil councell of those men , did march towards us with an Armie , we neglected all courses which might advance our humane safety , rather then start from any jot of our obedience , or give any seeming distaste to our deare Brethren of England , and rather adventured the ruine of our own Countrey , then indangered theirs : Yea further , when we did with horrour and amazement heare those unexampled Proclamations given out against a whole Nation , who were never tainted with the least thought of disobedience to their Prince his just commands , according to the rule of their Lawes , Notwithstanding of this great prov●cation , there was nothing to be heard amongst us but vows for his Majesties prosperity , and hearty desires from all to spend their bloud for the increase of his estate , and service of his Crown , and who abhorred then to be reduced to that extremity , as to arme themselves for their own defence and preservation . It will scarcely be beleeved by Strangers , by what means two Nations so near together , and so straitly tyed in all the bonds of goodwill and mutuall respect , where there was so little cause of espousing these quarrells , wherin none of the Nations were concerned or wronged by the other in their own proper rights , should be brought to such a posture , and near so dangerous a rupture , that would not been easily ( to say no more ) p●eced up again in our dayes , but it was the worke of God , and it should be wonderfull in our eyes , who in the carriage of all this great busines , hath made every stoppe and ●et● casten in by the adversary , a step of advancement , to the furthering of his Cause , as is well known and acknowledged by all whom God hath honoured to be the least instruments in this work , who also made this a singular meane to testifie our loyaltie , and the sincerity of our hearts , where we presented our humble and just desires unto his Majesty , and for the honour of the cause which we maintain , and the tender regard to the credit of our own Prince ( although then armed against his own people ) and for the brotherly respect unto the Nobility , and others of our neighbour Nation , in●ending nothing , we beleeve , but to follow the King , although really sa●isfying the ambi●ion and bloud thirs●ing reve●ge of a miserable Prelat . We laboured in the treatie to give all satisfaction on our part that could be required of most loyall Subjects , and sensible of our Kings honour ●ourenemies being judges ) even to our own apparent disadvantage , for we delivered all places into his Majesties hands , which were desired , in testimony of our obedience , and although they might have been in our hands , pledges of assurance for performance of these Articles that were agreed to be granted in the following Assembly and Parliament ; and now contrary to our expectation are turned for Engines of terrour , and Fetters of slavery to frustrate us from obtayning the benefit of that capitulation . Notwithstanding of all breach of promise we cannot but professe according to our tender respect to our Prince , wherein we are inwardly g●ieved for the dishonour that is done to his Majesty by the bad instruments that are about him , that neither we were then ever-reached , nor do we yet repent upon our part for that great trust and confidence we reposed upon his Majesty , for we did then remember that we were dealing with our Prince , with whom as we should not strive for appurtenaces , when the maine was granted , so we might rest assured , that if he could not be brought in his own mind to judge aright how farre he had been misled against us his own people , who had given such an ample testimony of our trust , and of the interest we should have in his favour above all other , but still continue to pursue any advantages to our prejudices : we did not otherwise think but when ever he had a minde to breake , he could never want ill grounded pretence , to alledge against us ; and it was fittest for us rather to hazard the disadvantage , and commit the successe to God what ever prejudice we should suffer ; for if the word of a King which should be the Oracle of truth to his people , and the faith of promises and contracts under hand and seale , which is the ground-work of trust in all humane society , and is sacred and inviolable amongst Infidels and Turks , may not justly challenge for us the performance of the Articles of the Treaty upon his Majesties part , then may we truly think that nothing we could have framed or desired then , would have been for our safety of any avail unto us , as nothing had done us good or succeeded according to our minde in all these things we have condescended unto ( wherunto we were not oblidged by any duty or respect whatsoever , otherwise then that we might not be defrauded of the full and reall performance of the Articles of agreement ) but on the contrary it doth evidently appeare by all that hath past , that there hath been no desire nor meaning of peace in the hearts and minds of our adversaries unto this day ; for all the businesse of the capitulation hath been taken by them as a cloak to cover their more cunning and crafty designes , hoping thereby to weaken us in time by their wicked policie , whom they could not then overcome by open force : making us a ●how to dissolve all Forces on either side that they might lay the Foundation of a more dureable warre , by setting strong Garrisons on the Border , receiving the strong holds of the Kingdome to be keeped after that condition they were in before these troubles began , and presently preparing them for nests of violence to the chief parts of the Kingdome : Calling forth by his Majesties letters a great number of our chief men under weak pretences of businesse ( when all the matters of the treaty had been ended with a few of that number ) unto Barwick , and when some of them came , keeping matters in the clouds untill the rest were come , and sending them back again like stales to bring in their fellows , and when this did not hold , laying then plots deep and a farre off to entrap some of our principall men , as God hath wonderfully discovered since , and will more and more to the confusion of these who have been authors and abetters to such base assasinats . And which hath been the master-piece of their ●ubtill device : suffering the Assembly to goe on and determine all matters of the Kirk that had been in question . The Commissioner in the Kings name consenting to all the Acts that passed , promising also to ratifie them all in the Parliament that was presently to follow , plotting hereby that what they gave with the one hand , they would take away with the other , for this seeming of setling matters in the Assembly , and withholding the civill sanction of the Parliament for their being and existance in the Common-wealth , as it would make them really of no effect , so it did gain a colour and pretext to that designe they did most intend : that the next rupture , to which they were preparing , should not be for matters of Religion which were all setled in the Assembly , as they did alledge , but for other civill differences in the Common-wealth , and truly in all appearance the matters of the Kirk were setled in that Assembly , with the consent of the Commissioner , but that wise men began to doubt of the sincerity of the work , when they found him by his after declarations and explanations digging ●● posterne to escape and make way , for his after den●all of what had been concluded . And in these tearms the Parliament did begin , and hath continued not to settle the affairs of the Kirk as was promised , and was certainly expected by us : but to bring in a precedent of servitude ( which neither we no● our Fathers were acquainted with ) and so it hath been broken off and adjourned , by his Majesties own authority , without consent of the ●states , which is di●●ctly against the ●aws and prac●is●s of this Kingdome , and contrary to the Articles of agr●ement : And although our predecessours took another course , yet we came onely with supplications and prayers , and to shew our invincible obedience unto his Majesty , sent up our Commissio●ers to London , who were rejected , and never seen nor heard , and yet hoping with this unexampled patience to overcome the malice of our adversaries , we send up again our Commissioners with prop●sitions that were so just , as that they contained nothing but what was before granted unto us , under his Majesties hand and seal , nor could receive any denyall from a picus and just Prince , as being all comprehended in this . And which had been the summe and subject of all our supplications , protestations , informations , declarations , from the beginning , namely , that the Fundamentall Laws of the Kingdome , which had been violated , and the Religion which was manifestly infringed , might in a free Assembly and Parliament be again confirmed , and the unworthy authors legally questioned , and which had been more expresly set down in the Articles of pacification , that as there according to the tenor of the Articles of agreement , all matters civill were to be judged by Parliaments , and all Ecclesiasticall matters by the assemblies of the Kirk : And that as the Assembly promised by his Majesty had been granted and had concluded the differences of the Kirk , so his Majesty would not delay or deny the conclusion of the Parliament , for ratifying the acts of this Assembly , and settling other differences of the Common-wealth , a● was fully agreed in that Treatie at the Kings Camp , yet these propositions and desires being so necessarie and vitall unto this Kingdome could find no accesse unto the eares of the gracious King , by reason of the powerfull diversion of the Archbishop of Canterbury , and Deputie of Ireland , who ( strengthened with the high and mighty Faction of Papists neare his Majesty ) onely side in all matters of●spirituall and temporall affairs , and makes the necessity of their service to his Majesty appear in being the only fit instruments ( under the pretext of vindicating his Majesties honour ) to oppresse both the just liberties of his free Subjects , and the true reformed Religion in all his Kingdomes . In which devilish designe , we have great cause to say they are far advanced , if the granting of a free Assembly and Parliament to us at this time , which hath been the ground of all our just desires from the beginning , and the conclusion of the Treati● this last yeare , as the onely mean to cure all the evills of Kirk and State , and settle the peace and welfare of both Kingdomes , Prove in the end , as it appeareth this day , like the Councel of Trent to the Christian Kirk , which was appointed for reforming , the abuse therof , yet through the ambition and covetousnesse of Kirk-men and the miserable jealousies of the Princes of the time , who minded more their private end and interest then the cause of Christ and his Kirk , was found in effect the active engine and instrument to establish and settle the tyranny of the Pope and his Clergie : wherfore the greater and more lively are our apprehensions of danger at this time , that all these c●ooked and crosse plots , interchecking one another , in denying a Parliament to us , where it was promised upon the honour of a King , and for the safety of two such Nations , in granting it unto you , where it was not expected , for the reasons that all wise men cannot but remember , and in forcing one upon Ireland , where none is desired : Giving out Commissions to destroy us before we can apprehend any other or new guiltinesse , but that we have been constant suters for the conclusion of the Parliament , and the fulfilling of the Articles of the treaty , raising our Parliament contrary to the Laws , and the expresse Articles of the agreement ; inforcing Garisons upon us , that they might force us to a necessary denyall of such unreasonable demands , and to a necessity to provide for our selves : that all these , we know , are done and devised to pick a quarrel , and to be the ground of a false and wyre drawn Remonstrance against us , and now by the particular instigation of these men we named before , a mighty army is preparing , and an utter ruine threatned to our Religion and Countrey . Lest in regard of these premisses , our silence in so necessary a time should argue a neglect of our duty to God and our King , the safety and honour of our Conntrey , the peace and ●elfare of both the Nations , what so nearly trenches to the prejudice and hazard of all these , cannot be longer forborne ; Therfore we professe before the Christian world , and to our dear brethren of England , especially the representative Body of the Kingdome , now happily conveyned in both the Houses of Parliament , whom it most concerns , that we cannot otherwise judge and esteem , but that all these Councels that have been given of late by these intemperat Counsellors , who direct the course of all affaires , do not onely proceed from such persons as to serve their own ends under colour of advancing his Majesties Prerogative , doe weaken Royall power , and bring the Kingdomes unto confusion , but that they truly are first hammered in Spain and in the Conclave , and put into the hand of their cunning Artisans among you , who have ever been a viperous brood , which with tooth and naile , have assayed to rent the bowels of their own mother , yea who never sooner learned to obey the Roman Church as their mother , but assoon they acknowledged the Catholick King for their Father , and their own King for an usurper , if they think him to be an Heretick● So that we are perswaded that neither the invincible Armado of the eighty eight , nor the Gun-powder plot , nor any other Royall Navie from thence , like unto that which came the other yeare upon your coast , ( the which ye had the more reason to suspect that it came so unlooked for and at so unseasonable a time ) needs to be attempted any more for the ruine of this I le , but onely ●hat they be carefull ( as we doubt not they are ) that the fire of this civil warre which hath been so long smoaking may be once kindled , and that they be ready under-hand to adde fewell to the flame , wherin they will not be wanting , especially where every thing is so near that can furnish matter , and all is farre off that can help to extinguish the same , when it is once begun , yea , which is worse for us all , when it is apparent , that it cannot be setled without great hazard even of them that may seem to overcome in the end : And although that we may justly suspect that this calling of you together at this time by their suggestion , who have raised this fire of civil discord in this famous Isle without your consent or advice , be rather to perswade you to bring oyle then water to quench the flame , so that in the heat of these broyles you may be induced to contribute to the overthrow of your best friends , while they avenge themselves of their enemies : Notwithstanding of this , we hope that it will not be displeasant unto all good men in these honourable Assemblies of both houses , that we with great joy of heart and freedome of spirit professe and declare , as we do this day , that all our obligations and mutuall assurances of love and brothterly kindnesse are so nearly twisted and joyned together with you in all duties toward God and Man , Prince and People , that we cannot but have the same friends and foes , either in the defence of our common safety against forraigne foes , or in the maintenance of our severall rights against inward and homebred underminers who are more dangerous , except we would depart from the onely firme rule of our own safety and preservation . And therfore since in regard of the situation of this whole Isle , and the Union under one Head , we are all , as it were , one house , if it fall we shall be all buried in the ruines , we are all imbarqued in one ship , if it perish or split upon the rocks of division , hardly can we escape : Suffer us to re●oyce with you in the midst of this storm , for this first sunne-shine of comfort and good hope that we see you who are the true Pilots , brought to the helm : And give us leave to conjure you for the interest we have in the common adventure of these rich goods , our peace , our liberties , our Religion , which are all in one hold , that ye abandon not the ship of the Common-wealth in this tempest , although it did belong to you to have been called when the season was more calme , and yet let it be the true ground of your comfor● and encouragement , that when the skie was clear , you have forewarned our great Master , of the clouds that were gathering , and although the winds were invisible then to most , yet to many of your house of Commons , and others also of all ranks : they that did blow then to gather these clouds together , were well known , and from what coast they came , and many humble desires and earnest suites have been made by you to his gracious Majesty , that he would not abandon his own and the Kingdomes safety , unto the pleasure of men in a voyage full of dangerous and fearefull straits , in the conduct of which , they had nothing but their own ambition and privat gain , for compasse and said . And who have thrust both Prince and people out of the safe harbour of the quiet calme unto this present storme , wherin they are to make profit of both our shipwrack , if in this strait it were not allowed to the meanest passenger to give warning of the imminent danger , we notwithstanding of our place and interest in your welfare might hold our peace : but since we have been in the first watch , and have indured the first and greatest torment of this storme , while you have been at rest ; for your assurance that we cannot abandon you , or leave you alone one your turne , when you are so near to give tryall of your courage and skill , you may perceive by what hath passed , that no Assembly nor Parliament , no rotten Cable , and slipping Anchor of Articles and agreement , whereunto we had fastened our hopes , can be any road and harbour of safety unto us , so long as both our enemies sit at the Helme and govern all courses that are to be followed amongst you . Therfore before we come to advise what are in our judgement the most ●itting means ●or removing of the evils of us both , give us leave to touch in passing what we apprehend have been the concurrent causes to bring you by degrees from that height of ●appin●sse , wherin somtime ye were glorious in the sight of Europe , to this gulf of misery and abasement wherein ye have fallen , and drawn us by example and imita●i●n , that in this sad repres●n●ment , as in a darke shade , the glorious light of your appearing day may be more comfortable and refreshing unto us both , which is the hearty with and assured hope of your dear Brethren in Scotland , because of the sensible feeling of that great mercy of God upon themselves , who have been farther in the transgression , and at a lower ebbe in mind and spirit then ye can well imagine before their troubles began ; therfore , because our evils are not of yesterday , and could not have overflowd the face of this Isle on a sudden , let us search up unto the well head and period of time , whe●e and when they b●gan fi●st to spring and arise , when we left to fear others by reason of our Union then began we to have need to look for evill from our selves : the sub●ile enemies of this Isle knowing that what was not to be attempted by open force , was to be u●dertaken and pursued by cunning and secret practises , took the advantage of the humours of men , following commonly the nature and the conditions of the times , did make the surfets and ease of peace more dangerous to the life of the Estate , then the straits and hazards of warre had been before , disposing the Subjects to ease and slavery , an inuring the Prince to follow their appetite and the rules of uncontrouled power : then began the publicke wayes of honour and rep●tation to be un●requented : then the use of Parliaments which is the stay and strength of your Kingdom to be suspected , and so these eyes and eares of the Prince and People , the great Councel of the Land did make way peece and peece to the darke passages of the corner of a Cabinet , where flatterie , malice , envy and partialitie amongst few hands , disguises with ●alse appearances without controule all that comes in their handling , and makes the people miserable , and the Prince infortunat , since they have gotten ●ooting , Parli●ments have been called not to ease the grievances of the Subject , but to supply the necessities of the Prince , and so whereas they should have helped to cur● , they have increased the diseases of the ESTATE : and because there can be no evill humour in the Body that can master your skill , if you please to apply fitting remedies , and what hav● been formerly in practise , therfore you are made to disagree amongst your selves about the method of the cure , and when you begin to incline to an agreement your consultations are broken off , and so by these meanes the Common wealth languisheth without hope of relief , the Princes mistakes and the Peoples grief and burthens doe equally increase , and every breach of a Parliament begets a new grievance and maladie to the people , so much the more dangerous and d●adly , that the Authors of these abuses ) when you use not your courage and constancie to maintain that power and place which your Predecessors have put in your hands , and wherof the posterity will call you to accompt , as a right of entaile and their proper inheritance which cannot be weakened in your hands without your eternall infamie , and their endlesse losse ) begin to despise you , and take courage to undermine and blow up the foundation of your once well setled E●tate : bringing you in contempt with the people , for the guard of whose liberties you have so long continued , and in hatred with the Prince , for whose honour and safety it hath alwayes been , that none about him should be more powerfull , nor the Laws , and nearer him in place and affection , then you whose Councells could not be corrupted by ends : these are they who bringing you once to mind your owne things , and to be carelesse of the Publick , have teached the Princes , that all the rights and liberties of the Subject , and the maintenance of them , are doales of grace , and gifts of meere favour proc●eding from the Prince and not the true birth right of the Subject● which they may truly challenge ) which are to be continued or changed as ther Princes shall think fit : who have teached Princes to use that maxime in a free Kingdome to wrong ends : Parliaments are in their power to begin , continue , and break them off , as they find the fruit of them good or bad , so are they to have their being , or not to be at all , thus they have done what is in them to make the Royall authority , which should be like a Sun beame shining for the comfort and light of others , turn to a Comet and blazing star , a matter of wonder and admiration for the time , and a prognostick of worse things to follow . Truly the prerogative of the Prince , which hath been keeped in veneration , and as a secret untouched amongst the wisest Princes and the best times ; which is that which the Laws have given him above all private men , for the common safety of us all , and cannot be used to another end , but for our good , had not suffered so much in it self , and lost of its proper lustre , by the oft and common handling therof , to the mani●e●● prejudice of the Subjects right , and the reall weakening of the true Royall power , had it not falne in some of your Clergies hand , who to the staine of the Kirk and the bane of the Common-wealth , have subjected all men , and all Laws , to the appetite of the Prince , of whom they have the absolute rule , that so under that goodly visour of his Royall power , they may accomplish at last that great designe of the change of the Religion and government of the Estate which they have so long a●med at : whereof they cannot faile in this happy conjuncture , where all things promises them good successe . A Prince enraged against his own native people , by their procurement , who will not be perswaded that they are good Subjests to him , because they are avowed enemies to them , who have b●en the destroyers of their Religion , and the t●oubles of the peace of the Kirk , to whom it is necessary that he forget that he is their naturall Prince , while he remembers that he is advanced to be the Monarch of the whole Ile , and with whom of necessity he is obliged to continue in this quarrel , that under the pretext of their rebellion , he may have leisure to arme , and make the one Kingdome a scourge to the other , while in the end they both become sl●ves , which if they refuse , he cannot eschew of force to bring in strang●rs , and use such other power as God hath put in his hands by the doctrine of these good divines , to the establishing of the boundlesse government wherat they ayme , so by the joynt helpe of the Papist , who are a strong Faction amongst you of late , and of others , whom they call good Subjects , and are the greatest number , who while they are going on in any course to helpe themselves , cannot think they are accomptable to God or Man for any wrong they are doing to others , these also concuring who are of great number and of no small force in any state , who are content to wear fetters themselves , so they may be of gold , and they have the making of them , or helpe therunto for others , all these meeting together , they cannot misse to effectuat their designes , and these are they who look at this time to undoe us , and hope assuredly to work you to their ends . And for this effect , as it appeares , are ye called together after so many breaches and breaking up of Parliaments in England , whereby his Majesty had been deprived of the faithfull councels and free aides of his people heretofore , and the pressures and grievances of the Subjects daily more and more increased without hope of reliefe , that all men ( who looked upon the train of affaires , and marked wha● undue courses had been taken of late , that there should be no need of their meeting , and how the number and height of offenders is increased , for whose safety it is not that Parliaments come in place and request again ) may justly marvell to see this day , and in all likely-hood conjecture that either this Parliament will prove the happiest that ever was in this Isle for the good and peace of the Kingdomes , or else ( which God forbid ) will become the fatall engine and axletree in our enemies hand , for the overthrow of Kirk and State , turning our doubts unto despaires , and our feares into a certainty of confu●ion . Wherfore the more need have all good men who love the truth of Religion , the honnour of the King , the safety of the Kingdomes in so necessary and perillous a time to be instant with God by Fasting and Prayer● that as the beginning of your meeting together is the subject of all mens feares and hopes , good or bad , ●o the close may be in fruit and memory● the joy of the present age , and the blessing of posterity , whereof there is no small ground of hope at this time ; For if that spirit of wisdome , courage , and true zeale for the good of Religion , and safety of King and Kingdomes do but begin as in former time to appeare in your Councels , who knoweth what recompence God is preparing for your often disappointments in that kind : the which we are moved the rather to beleeve and expect , that the powerfull h●nd of God hath forcibly led them who have been the authors of your evils , and actours in the mischief intended against us ; against their will to call for your assistance to oppresse us : and su●ely we think that what Art can invent , and malice can doe , will not be wanting ( even amongst some of your number ) to move the rest to consider aright of all the advantages of the time , and reconceal the differences that are amongst themselves and labour to seek the ease of your own burthens when you may have them at an easie rate with small expense and paines , to increase ours , and many specious pretences will be offe●ed , to hide the bad intentions of a few , and the ill consequences of their privat designes against the publick quiet of the Kingdomes , but certainly a thick cloud of prejudices and misrepresenta●ions of all our businesses most assuredly be casten before your e●es , and great must that darknesse be , before so wise , so advised a judicatorie of all the choice wits in that Kingdome condescend to that resolution which in effect carrieth with it , in furthering the overthrow of our Religion and Liberties , and in the buriall therof to begin and digge a Tomb for your own to follow , and to make the end of this Parliament a mean that there should never be need of any hereafter . But we expect ( Right Honourable ) better things of you , and such as belong properly to the happinesse of this time , for the glory of God in the advancement of his truth , for the honour of the King in punishing of the wicked , for the welfare of the Kingdomes , that in our Union they may be crushed , who in our division have builded their hopes , and made this warre with your Brethren , the Trojan horse to bring in all these calamities , which a Civill warre will undoubted●y inforce upon this I le , and we are certainly perswaded that the singular wisdome and justice of your Honou●able Court , which can have no other end in all their Counsell , but the service of his Majesty , and the safety of his Kingdomes ( which cannot be separated in any consideration whatsoever ) will judge otherwise of the state of our affairs , and affoord us better measure then we have found as yet at the hands of these men , who as they have been the Authors of our evil , and of that corruption that was creeping in , in Kirk and State , so have both you and we suffered much more by them , and have greater reason to complain of the inconvenience and mischie● of the remedie that they have applyed since , then of the disease it selfe : In vain doe they think to cover their wicked designes with the bare pretext of their zeale and affection to his Majesties greatnes and dignity , seeing it tends to the ruine and destruction of his faithfull Subjects , whose riches is his treasure , whose quiet is his glory , whose hearts and affections are his strong garisons that cannot be overcome , and whose pr●sperity is the happines of his Crown , and miserable and wretched are the effects of that power , which produceth nothing but weaknes to the Prince , and calamity to his Subjects , and in vain do we expect that God will blesse in our age what he hath cursed in all ages before . Let us look unto the Records of former ages , and we shall ever find , that there is not any thing that doth so much move the wrath of God , as to see his worship and Churches profaned , and to fall into the hands of these who have sold themselves to the world , and are devouted to the Temporall service of the Prince : where ever it hath been practised , it is a certain demonstration of the alteration and change of an Estate , and of their miseries and disgrace who abuse it licentiously , their affaires alwayes declining even unto their end . We need not put you in mind of the stu●●es and hot contests of your best Princes , and of greatest spiri●● with your Archbishops at home , to keep down that Papac●● they claymed to themselves amongst you , and to suffer them to be Kings beside them , which could not be granted but at their discretion : they that lookt to the dangers of this time , and who they are that be the Authors of this mischief intended , may easily perceive , that if all the Subjects of the two Kingdomes could be moved to undergoe that burthen the Bishop of Canterbury and his followers would put upon us , and could be peswaded in Conscience , that we were bound to obey these spirituall Fathers in all their commands , we should soon see they would alledge some other ground for their aspiring greatnesse , then the zeale of his Majesties service and honour , and the Princes that are to follow would find , that all their paines was for themselves , and to establish their own tyranny over Prince and People . Or , are there any so ignorant and wilfully blind to think , that all that spight and malice they carry to the Covenant of Scotland● is , because that it hath weakned the Kings power , and made his Majestie appeare so in the sight of his enemies ? If this were true , then would the Pope and the King of Spaine give many millions that the like were in England and Ireland : they need not dissemble , we know where it pricks them , they see the hand of God in it against their unjust usurpation and worldly pomp , and they feare , that as they have found it a wall of brasse to the Subjects of Scotland against the fury of their malice , when they could have no protection , neither in their Laws , nor in their Prince , in whose saving favour they may claim speciall interest , so it may prove by example dangerous to them elswhere , and at once put an end to all these plots and designes they have to overthrow the reformed Religion : And this is the cause they charge it and us with many crimes , to plant the hatred of us and that cause in the hearts of others , which is already ingraven in theirs , but we are assured the equitie , justice , and wisdome of your Court will be farre from thinking this a sufficient ground of quarrell betwixt the two Nations , because we demand to enjoy the benefit of our Laws , and the exercise of our Religion , if this be a cause that any of your Nation should come to assaile us , or any part of the power of that Kingdome should be imployed to that use , you would not have taken it in ill part or think we have done you wrong , if the like course had been taken by us when there were any contests and dispute betwixt his Majestie and you in your Parliaments for the rights of the Subject : But as we have alwayes wished you good successe unto your Pa●liaments , so can we not think that the paines we have taken to maintain our own rights , can be grievances unto you , or of evill example to weaken your estate , or move you to destroy us . Princes when they are misled by evill counsell , may easily begin warre at thei● pleasure , but since the Subjects blood must determine the controversie , it were necessary that they who have so great a part of the hazard , should also know their quarrel . And since civill warre and homebred division● as inward diseases are more hard to cure then these that are without , we are tyed in all respects to seek to prevent them before thy come . And wheras by all that hath passed , we may perceive that these who are chief actors in these troubles , ●eek by all means to have us engaged , the more should our care be to preserve our selves by their disappointment , and by a seasonable remedy , provide for the safety of our selves and posterity . The readiest meane for the present that can come in our consideration in this , that as when the treatie of the Union was intended , but did not take effect , the two Parliaments did sit , and did appoint their Commissioners to treat thereanent ( with expresse reservation of their own Lawes and Liberties ) and to report their proceedings back againe to them that sent them , so now when the two Nations are ready to be plunged in a bloudy warre , to the overthrow of the Liberties of both . Our soules desires , that his Majesty would be pleased to appoint the like or any other meane whereby the Parliaments may sit freely , and without feare of force , and by their Commissioners appoint time and place , where by their scanning the equity or inquity of our demands may be fully weighed , that we may no longer suffer by false and artificiall relations , but they be noturly known as they are , and their fraud and hypocrisie discovered ( if there be any ) for we shunne no tryall which is not inconsistent with a free and independent Kingdome , and which the Kingdome of England would choose in the like case of the quarreling of their Laws and liberties , the King being resident amongst us : for which end if his Majesties forces may be discharged , and his further Levies suspended , we will most gladly disband , and leave off any that we are preparing for our own necessary and just defence , which otherwise we cannot doe without our own apparent ruine , neither can the Parliament sit with any security in either Kingdome , if they see a Sword drawn ove● thei● heads , and this we know the Parliament of England in their wisdome will think very reasonable , and the least that can be granted , and will joyne with us in this pe●ition for their own clearing before God and the world , that they have not taken in hand to subdue us by armes , before they have convinced us and made known to all true Christians and honest men , for what cause , and upon how great reason . If this be denyed us , as what may we not expect in this kind , but that the conduct of this affai●e will be answerable to the first undertaking : And as this plot hath been set on foot for the benefit of strangers , so it will be continued to the weakning of both the Kingdomes the overthrow of our Religion , and civill liberties , to the uttermost of their power . So we ( that the close of this discourse may bring in a short view all that hath been touched before ) cannot but begin with this , that it is j●st with God to make us feel the sad e●fects of civill discord , who have not ma●e the right use of our long enjoyed peace , and that we suffer in the danger and hazard of the cure , who have so long by our tollerance and permission strengthned that ill humour , which is now ready to master the life both of Kirk and State . You are called together who are the great Physitians of that State , it is not unfitting for the present occasion to put you in minde of an old t●le that belongeth unto your Art : Philotimus a Physician in Greece , made this answer to one who offered his finger to dresse , by whose face , look and breath , he knew he had an Impostume in his Lungs , my friend ( saith he ) it is not fit time t● busie your selfe about your nailes : The time was not long since when the grea●est question was , whether the Bill of Tunnage and Poundage , or the Bill of the Subjects right should be first moved in your House ; the times are farre changed , the case much altered , before you judge of any matters now , or condemn others● you cannot but look whether your selves be free , and what right you have : For if the maintenance of our Religion , and the Liberties of the Kingdome , be a ground of a quarrell betwixt too Nations that are so nearly joyned , and if it be judged so in that Honourable Court , we cannot see how you can condemn us and acquit your selves ; For it was your glory to be the faithfull guardians of the Subjects right , it cannot but blemish your reputation to be sound now the overthrowers of your Brethrens liber●ies . If all this motion of a warre with Scotland were truly perceived to be a conception of Spain or Rome , we do not doubt but for your own interest you would be carefull to stra●gle this monster in the very first birth ; but if you take it for a ready meane to ●ase your own distressed estate , and that by wronging us you can better your condition . And although we know the cond●ct of your Councels had ever more honourable and honest grounds , yet let us take it as it may be propounded to you : can the benefit that is offered to you countervail your losse : We need not bring it nearer , the example is but of yeste●dy , and cannot be out of your sight . All the Provinces and Prince of France , envyed the good estate of the Protestants , the priviledge● of their Chambers , and the ben●fit of the Edicts they enjoyed , every one did outrunne a●other to contribute to their ●uine , and to endeer themselves by so doing , to these that had the managing of all these affaires ; with what successe , they know this day , and all that looks upon them , seeth what defence they have left themselves against the regiments of the guards . We writ not this as doubting your wisdome and circumspection in a businesse of this nature , that so neare concerns your selves , but since the malice of our adversaries hath prevailed so farre upon our gracious King , that he forgets the affliction of his people , whiles he gives way unto their endlesse malice , who seeks by all meanes to cut asunder that knot of our obedience , wherby we are tyed in Conscience of our duty to his Majesty , to the observance of the Laws : and which is the sure Foundation of his Majesties greatnesse , and the Union of the Kingdomes , and which hath holden fast-against all the violence of time in so many ages past , and against the force of all adversaries whatsoever to the Royall Crown , the which the more we labour to preserve , and fence , the more they seek to undoe , and to put in the place therof a chaine of violence and force . We beseech you therefore , right honourable and dear Brethren , now conv●ened in both houses of Parliament , that according to your place and s●ation , you will heare from our selves the true representation of our pressing grievances , and becaus● a linke of that chain cannot but approach you also , if it take hold on us : we intreat you to divert in time our gracious King from runing headlong unto these violent courses , which cannot but produce in the end lamentable effects both for Prince and People . And since we have just cause of feare , that what hath been begun without your consent , will also be followed contrary to your advise , although we think nothing more properly doth belong unto to the justice of that high Court then ●o provide , that they who have been drawers of his Majesty t● this action , so dangerous for himself , and so desperate for the Kingdomes should not passe away unquestioned and unpunished . And nothing could be further from our expectation then that the Councel of England should conclude a warre against us , upon the relation of one man ●brought upon the stage of purpose to act that malicious part ) without your consent● wherby it is apparent , that these our adversaries have come to that height of insolencie , to let all the Subjects see that they have taken to themselves a liberty to throw down the Laws of the Kingdome , and laid a necessity upon us his Majesties own people , as it were to choose their leasure and attend untill they have power , and come and worke our overthrow by Sea and Land , and that without a warning going before : So now we understand that a restraint is put upon our Commissio●ers ; Some of them being put in the hands of Sheriffes , some of Justices of peace at London , Contrary to our expectation , for who expecting this would either have send or gone in that Commission : Contrary to the Law of Nations , for we are two dive●se Nations and Kingdomes , and they were sent from a Parliament promised and called by his Majesty , and warranted by his Majesty , to repaire to his presence , and to shew the reasons of our demands . Contrary to the very foundation of our present Treaty , for a Committee was appointed legally by the authority of the Parliament , and neces●arily , for keeping correspondence with our Commissioners , and to receive from them his Majesties answers ( that we wonder any man should be so absurd as to suggest to his Majesty , that it is an unlaw●ull or presumptuous Committee , or that they have taken upon them the gov●rnment of the Town of Edinburgh ) And that for a long time past , no word or writ commeth from them , and we are put out of hope to heare from them hereafter● That we can neither know whether there was any want in their propositions and reasons , or whether there was any thing to be supplyed by us for a ●ull satisfaction , and contrary to the deservings of our Commissioners : for nothing is pretended to have escaped them which might have deserved this captivitie : And as for the present condition of safetie of the Earle of Southesk , and Sir Lewes Stewart at Edinburgh , it can be no true ground there of , his Majesty being fully informed by their own Letters , how that harmlesse accident of their surprizall came on a suddain by the unexpected follie and rashnesse of the Governour of the Castle , threatning presently upon their dispatch , to discharge all his Ordinance against the Town : And to ring ( as he was pleased to speak ) an uncouth peale of bells in their eares , and ( we may truly adde ) by their own precipitation , and too great haste to speed themselves to the Ports for escaping the common danger : The multitude not without their own grounds , conceived that the arresting of them might be a defence to themselves , or at least a delay of the Governours furie . But no sooner were they arrested by the People , but they were rescued by order from the Magistrate , and courteously used by such of the Nobilitie and Gentrie as were in the Town . Since that time no violence hath been done against them , but they have of their own accord , and for their own safetie stayed in the Town , with such libertie as they think meet to use to repair to the Streets , Kirk , Gardens , or whither they will . And in what equity can a particular tumult of some ●ew Commons in one City , reflex upon the per●ons of the Commissioners sent from the whole Parliament o● the whole Nation . But at the writing hereof we are advertised , that the matter draweth a greater deep , and that the Lord Lowdoun is committed to the Towre , not upon the shallow pretext of safety to any arrested here , but upon his own guiltines , his hand and subscription being found at a Letter directed to the French King from certain Earles and Lords of Scotland , for imploring his assistance to their courses : This by our adversaries and such as had decreed our destruction before , is already exaggerat and raised to a mountaine , not onely to fall upon the Lord Lowdoun and others whose hands are found in it , but that all former friends and all indifferent persons may stumble at our Cause , as hereby evidenced to be nothing lesse forsooth then Religion : But the Honourable Houses of Parliament , who are acquainted with the designes and malice of our enemies , and to whom our innocencie in times past cannot altogether be unknown , are more grave and wise then upon the hearing or seeing of such a Letter , to precipitate in judgement against us and our Nation before we be heard . For their satisfaction , and for vindicating our-selves , we are constrained against our hearts in this our Remonstrance , to remember and represent the words of that unexempled Proclamation given at York April 25. 1639. otherwise never to have been resented , but buried in silence , and in studied senselesnes , and which we doe not attribute to the Majesty of our King , but to the base cruelty of our barbarous enemies . The words are thus : We are forced to have r●course to a more ●harp and quick way to cure their obstinancy and rebellion by the sword of justice : And therfore in that case we do proclaime all such as shall reject this our free and grat●ous pardon , and does not return before the said eight dayes , to that civill and dutifull obedience to be from thenceforth open Rebels and Traitours to us , our Crown and dignity , and declare all their lands and possessions , goods and geir to be forfeited to us , and our Crown , and that we shall dispose of their lands , possessions , goods and geir to our wel deserving Subjects , Noblemen , Gentlemen , and others who shal adhere to us , & obey our just commands . And to this purpose we discharge all vassals and tennants to any rebels , from making paym●nt to them of any of their rents , duties , or casualties , and require them to keep the same in their hands , the one ha●f● whereof shall be kept for our use , the other halfe for themselves : promising also to the tennants of the said rebels , who shall leave their Misters , and assist us to the maintenance of our authority , good tearms of yeares in the estates they poss●sse , with the dimunition of the third at least , if not more , of the duties they pay , as we shall find them to deserve by their good service and ready obedience to us : And to the vass●ls of such superiours as are rebels , that they shall become our immediat tennants and vassals , and hold their lands and poss●ssi●ns of us , and that for payment of the third part lesse duty then is contained in their present Charters , and they pr●sently pay to their superiour , providing they adhere to us , and assist not their disloyall superiours , but leave them , and concurre with us for maintenance of our authority And if the superiour be loyall , and the vassals and tennants refuse this our Grace , and to adhere to us● or to concurre with the said superiour in our ser●ice , we declare it shall be leasume for the said superiour to expell the said vassals and tennants thus rebellious , forth of their lands and possessions . And what shall accesse to us by the forfeiture of their lands and possesssions , we freely d●sp●ne and totally resigne it to the loyall superiour , promising to concurre and assist him for effectuating hereof . And further we discharge all debtors who are addebted summes of money to any of the said rebels , to make payment to them of the summes of money addebted to them , or any part thereof : assuring our good Subjects , that they shall have retribution out of the same moneyes as we shall find them to deserve : and so forth as followeth . Although before this time we had heard from our Countrey-men abroad , that other States , Princes and Nations did wonder much that their ears being filled with Informations against us , nothing had come from us to make known unto ●hem ou● cause , or our case and condition : yet s●ill hoping and patiently waiting for a gra●i●us answer to our many humbl●supplications , we did abstaine . But our hopes being extingished by that unexpected Declaration , as we took our Swords in our hands at home for our just d●f●nce , so we were thinking to send some Informations and Petitions abroad , especially to the Frenc● King , wherein , we tr●st , no word hath escaped us , that can either procure the indignation of our owne King , or will be found contrary to the duty and loyalty of good Subiects . And that no lesse could have been said by any Nation , in so great extreamity : yet this was but an imperfect motion , which died in the bud amongst our selves , and never did rise to that ripenesse to be seen of others . When we were so sore threatned , and when execu●ion was comming upon us by a terrible armie , it must be laid to our charge as a fault inexpiable● and our Commis●ioners punished for it , that we dared so much as to intend to cry to others to interceed for us , when our own supplications could not be heard : Poore souls● we must be beat●n , and neither resist , nor complain● : It is therfore our earnest desire that every eye that seeth that innocent Letter , may with the same view look upon the Proclamation given out at that ●ime , and compare them together : And withall , we desire to be informed what we shall doe in the like exigence now when Armies are coming against us , if it be not lawfull for us both to cry to God and to men to help us , and to interceed with our King for us . That Letter was written before his Majesties coming to the Camp , and was not concealed by our Nobleme● , but made known to some of prime quality there : If there had been a purpose in the hearts of our enemies , that the Articles of pacification should have been observed , this Letter● although it had been sent and all other quarrels of this kind , had been by a law of oblivion forbidden to appear . It could not have been a ground of calling the subcribers to quarrell them after the pacification , but the wicked Sycophant and delatour would have been found in the transgression , and made the sacrifice . And that there be no more doubt in the minde of any good man , we have here , upon our faith and honour , set down the very words of our instructions●ub●cribed at that time● and yet ex●ant● which were not given , but were to be given to the Carrier● and unto the which the Le●ter i●self doth referre : To represent the ●uncient● and strait league betwixt the two King●●mes of France , and Sco●land , often renewed , and 〈◊〉 invi●l●●l● kept , for many hundreth of yeares , whereby both Nations , have frequently upon the distresse of the one found the benefit of that mutuall amity , by ready succour and assistance of the other , which hath ●ver been crowned with successe , and acknowledged by interchange of Nationall kindnesse as the Chronicles of both Kingdomes , and diverse publick act● extant in the Records doe testifie . To shew that our intentions are no wayes against Monarchiall government , but that we are most loyally disposed toward our sacred Soveraigne , whose person and authority we will maintain with our lives and fortunes : But that all our desires reaches no further then the preservation of our Religion , and Liberty of Church and Kingdome , established by the Laws and Constitu●ions therof . That the calumnies vented against us by our enemies for their own ends make no impression , because they are most manifest untruths , maliciously forged to stirre the envy and discontentment of neighbour Princes , Estates and Nations against us● whera● our whole thought● , words , actions and proceedings are most legall and loyall , as the bearer can particularly instruct and make cleare at length . That seeing we have many times supplicat his Majesty , and have not prevailed , therfore to intreat the King of France , to interceede and meditate with our Soveraigne , to lay down his Armies , intended and raised against us , and to suffer this his ancient and native Kingdome to enjoy her Religion , and Liberties , in peace and freedome under his Majesties authority , albeit we be not diffident of Gods assistance whensoever we shall be necessitate to our own defence , which is approven both by the Law of God , Nature , and Nations . Our enemies , who catch all pretexts against us , may have enough here wherewith to please themselves . But when tha● grave and great Councell shall consider that the Letter was never sent , and nothing from France or at home shall ever be found that can prove the sending of it abroad , that it was intended upon the hearing of so harsh a Proclamation , and before the pacification , wherein it ought to have been buried , and that it was accompanied with such Instructions , as no●e but malice it selfe can censure : for no threats from England , non preparations in view , can cast us upon resolutions of intertaining forraigne confoederations , in such sort as may set up a partition wall betwixt the two Kingdomes ; Therfore we trust they shall finde no more ground of pleasing our enemies , and of grieving us in this , then in our other proceedings , which we earnestly desire to be unpartially examined by them . Now against this high and extreame insolencie of our adversaries , which swelleth every day to a greater bignesse and exulceration , and is to breake out imperiously at their pleasure . Although in obedience to the Law of God and nature , we be thinking upon our preparations for safety and defence , and ●or obtaining our often presented humble and just desires , yet nothing but extreame necessity which hath no Law , shall enforce us to go beyond the bounds of petition and d●f●nce , and when that extreamities shall come ( which God in his mercy to both Kingdomes prevent ) we trust our carriage shall refute the s●anders and reproaches of our enemies : that we are not seeking our selves and our own ends : but with the assistance o● all in England , who tender their own happinesse and ours , to petiti●n his Majesty the more powerfully , for receiving right information , and for submitting both all differences , and all those wicked Counsellors , who have shaken the foundations of the Kirk , State , and the Kings Throne , unto the judgement and censure of a free Par●iament , by which we hope the Gospell of Christ shall be inlarged , both the Kingdomes freed from danger , and our dread Soveraigne made more great and glorious , then any of his Predecessors , which , as it is the end , so it is the un●eigned Prayers o● us all . FINIS . 
A11706	----	Charles, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith. To our lovits [blank] heraulds messengers, our sheriffs in that part, conjunctly and severally specially constitute greeting. Forsameikle as wee are not ignorant of the great disorders ... Proclamations. 1638-06-28 Scotland. Sovereign (1625-1649 : Charles I) 1638 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A11706 STC 21996 ESTC S122280 99857432 99857432 23170 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11706) Transcribed from: (Early English Books Online ; image set 23170) Images scanned from microfilm: (Early English books, 1475-1640 ; 1610:3) Charles, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith. To our lovits [blank] heraulds messengers, our sheriffs in that part, conjunctly and severally specially constitute greeting. Forsameikle as wee are not ignorant of the great disorders ... Proclamations. 1638-06-28 Scotland. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 sheet ([1] p.) Printed by Robert Young, [Edinburgh : 1638] Concerning canons, the service book, etc. Dated at end: Greenwich the twenty eighth day of June .. 1638. Imprint from STC. Arms 221; Steele notation: the so twenty. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church and state -- Scotland -- Early works to 1800. Scotland -- Church history -- 17th century -- Early works to 1800. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms CHARLES by the grace of God , King of Scotland , England , France and Ireland , Defender of the Faith. To our Lovits Heraulds Messengers , our Sheriffs in that part , conjunctly and severally specially constitute greeting . Forsameikle as Wee are not ignorant of the great disorders , which have happened of late within this our ancient Kingdome of Scotland , occasioned , as is pretended , upon the introduction of the Service book , book of Canons , and High Commission , thereby fearing innovation of Religion and Laws . For satisfaction of which fears , we well hoped , that the two proclamations of the eleventh of December , and nineteenth of Februarie , had been abundantly sufficient : Neverthelesse , finding that disorders have daily so increased , that a powerfull rather then perswasive way , might have been justly expected from Us : Yet We out of Our innative indulgence to our people , grieving to see them run themselves so headlong into ruine , are graciously pleased to try , if by a faire way We can reclaime them from their faults , rather then to let them perish in the same . And therefore once for all We have thought fit to declare , and hereby to assure all our good people , that We neither were , are , nor by the Grace of God ever shall be stained with Popish superstition : But by the contrarie , are resolved to maintain the true Protestant Christian Religion already profest within this our ancient Kingdome . And for farther clearing of scruples , We do hereby assure all men , that We will neither now nor hereafter presse the practice of the foresaid Canons and Service book , nor any thing of that nature , but in such a fair and legall way , as shall satisfie all our loving subjects , that We neither intend innovation in Religion or Laws . And to this effect have given order to discharge all Acts of Counsell made thereanent . And for the high Commission , We shall so rectifie it with the help of advice of Our privie Counsell , that it shall never impugne the Laws , nor be a just grievance to Our loyall Subjects . And what is farder fitting to be agitat in generall Assemblies and Parliament , for the good and peace of the Kirk , and peaceable government of the same , in establishing of the Religion presently profest , shall likewaies be taken into Our Royall consideration , in a free Assembly and Parliament , which shall be indicted and called with Our best conveniencie . And We hereby take God to witnesse , that Our true meaning and intention is , not to admit of any innovations either in Religion or Laws , but carefully to maintain the puritie of Religion already profest and established , and no wayes to suffer our Laws to be infringed . And although We cannot be ignorant , that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects , that this Our gracious declaration is not to be regarded : Yet We do expect that the behaviour of all Our good and loyall subjects will be such , as may give testimonie of their obedience , and how sensible they are of Our grace and favour , that thus passeth over their misdemeanors , and by their future carriage make appeare , that it was only fear of innovation , that hath caused the disorders which have happened of late within this Our ancient Kingdome . And are confident , that they will not suffer themselves to be seduced and mis-led , to misconstrue Us or Our actions , but rest heartily satisfied with Our pious and reall intentions , for maintenance of the true Religion and Laws of this Kingdome . VVherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions , and not to permit themselves , blindely under pretext of Religion , to be led in disobedience , and draw on infinitely to Our grief their own ruine , which We have , and still shall strive to save them from , so long as VVe see not royall Authoritie shaken off . And most unwillingly shall make use of that power which God hath endued Us with , for reclaiming of disobedient people . OUR VVILL is herefore , and VVe charge you straitly and command , that incontinent these Our Letters seen , you passe to the market crosse of Our Burgh of Edinburgh , and all other places needfull , and there by open proclamation make publication hereof to all and sundry Our good subjects , where through none pretend ignorance of the same . The which to do , VVe commit to you conjunctly and severally Our full power , by these Our Letters , delivering the same by you duely execute and indorsed again to the Bearer . Given at Our Court of Greenwich the twenty eighth day of June , and of Our Reigne the thirteenth year . 1638. Per Regem . 
A11707	----	Charls by the grace of God, King of Scotland ... for-sa-meikle as we are not ignorant of the great disorders which haue happened of late within this our ancient kingdome of Scotland, occasioned, as is pretended, vpon the introduction of the service booke, booke of canons, and high commission, thereby fearing innovation of religion and laws ... Scotland. Sovereign (1625-1649 : Charles I) 1638 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A11707 STC 21997 ESTC S2325 23273560 ocm 23273560 26489 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11707) Transcribed from: (Early English Books Online ; image set 26489) Images scanned from microfilm: (Early English books, 1475-1640 ; 1803:27) Charls by the grace of God, King of Scotland ... for-sa-meikle as we are not ignorant of the great disorders which haue happened of late within this our ancient kingdome of Scotland, occasioned, as is pretended, vpon the introduction of the service booke, booke of canons, and high commission, thereby fearing innovation of religion and laws ... Scotland. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 broadside. E. Raban, [Aberdeen : 1638] Second pt. of title from text. Imprint suggested by STC (2nd ed.). "Given at our court of Greenwich, the twentie eyght day of June, and of our reygne the thirteenth yeare. 1638." Reproduction of original in the Town House (Aberdeen, Scotland). Charter Room. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- Charles I, 1625-1649. Scotland -- Church history -- 17th century. Scotland -- Proclamations. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion crown CHARLS , By the Grace of GOD , King of SCOTLAND , ENGLAND , FRANCE , and IRELAND , DEFENDER OF THE FAYTH , To Our Lovits , Heraulds , Messengers , Our Shyreffs , in that part , conjunctlie and severallie , speciallie constitute Greeting . FOR-SA-MEIKLE as We are not ignorant of the Great Disorders , which haue happened of late within this Our ancient Kingdome of SCOTLAND , occasioned , as is pretended , vpon the introduction of the Service Booke , Booke of Canons , and High Commission , thereby fearing innovation of Religion and Laws . For satisfaction of which feares , We well hoped , that the two proclamations of the eleventh of December , and nineteenth of Februarie , had beene aboundantlie fufficient : Neverthelesse , finding that disorders haue daylie so increased , that a powerfull rather than perswasiue way , might haue beene justlie expected from Us : Yet Wee out of Our innatiue indulgence to Our People , grieving to see them run themselues so headlong into ruine , are graciouslie pleased to trye , if by a fayre way Wee can reclayme them from their faults , rather than to let them perish in the same . And therefore , once for all , Wee haue thought fit to declare , and hereby to assure all our good people , that We neyther were , are , nor by the Grace of GOD ever shall bee stained with Popish superstition : But by the contrarie , are resolved to maintaine the true Protestant Christian Religion alreadie profest within this Our ancient Kingdome . And for farther clearing of scruples , Wee doe heereby assure all men , that Wee will neither now nor heereafter presse the practice of the foresayde Canons and Service Booke , nor anie thing of that nature , but in such a faire and legall way , as shall satisfie all Our loving subjects , that wee neyther intende innovation in Religion or Laws . And to this effect haue given order , to discharge all Acts of Counsell made thereanent . And for the high Commission , We shall so rectifie it with the helpe of advice of our privie Counsell , that it shall never impugne the Lawes , nor bee a just grievance to Our loyall Subjects . And what is farder fitting to be agitate in generall Assemblies and Parliament , for the good and peace of the Kirke , and peaceable government of the same , in establishing of the Religion presently profest , shall likewise be taken into Our Royal consideration , in a free assemblie & Parliament , which shall be indicted & called with Our best conveniencie . And We hereby take GOD to witnesse , that Our true meaning and intention is , not to admit of anie innovations eyther in Religion or Lawes , but carefullie to mayntayne the puritie of Religion alreadie profest and established , and nowayes to suffer Our Lawes to be infrindged . And although We cannot bee ignorant , that there may be some disaffected persons , who will stryue to possesse the hearts of Our good Subjects , that this Our Gracious Declaration is not to be regarded : Yet We doe expect , that the behaviour of all our good and loyall Subjects will be such , as may giue testimonie of their obedience , and how sensible they are of Our Grace and Favour , that thus passeth over their misdemeanors ; and , by their future carriage , make appeare , That it was onlie feare of INNOVATION , that hath caused the disorders which haue happened of late within this Our ancient Kingdome : And are confident , That they will not suffer themselues to bee seduced , and missled , to misconstrue Us , or OUr Actions ; but rest heartilie satisfied with Our pious and reall Intentions , for mayntenance of the TRVE RELIGION , and LAWES of this KINGDOME . WHEREFORE , Wee requyre , and heartilie wish all Our good People , carefullie to advert to these dangerous Suggestions ; and not to permit themselues , blindlie , vnder pretext of Religion , to be led in disobedience , and draw on , infinitelie to Our griefe , their owne ruine ; which Wee haue , and still shall stryue , to saue them from , so long as We see not Royall Authoritie shaken off : And most vnwillinglie shall make vse of that Power which GOD hath endewed Us with , for reclayming of disobedient People . OUR WILL is herefore , and We charge you straytlie , and command , That incontinent these Our Letters seene , you passe to the Market-crosse of Our Burgh of EDINBVRGH , and all other places needfull ; And there , by open Proclamation , make publication hereof , to all and sundrie Our good Subjects , wherethrough none pretend ignorance of the same . The which to doe , Wee commit to you conjunctlie and severallie , Our full Power , by these Our Letters ; delivering the same , by you duelie executed and indorced , agayne to the bearer . Given at Our Court of GREENWICH , the twentie eyght day of June , and of Our Reygne the thirteenth yeare . 1638. Per Regem . 
A11710	----	Charles by the grace of God, King of Scotland ... forsameikle as out of the royall and fatherly care which we have had of the good and peace of this our ancient and native kingdome ... Scotland. Sovereign (1625-1649 : Charles I) 1638 Approx. 11 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A11710 STC 21999 ESTC S123150 23273816 ocm 23273816 26490 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11710) Transcribed from: (Early English Books Online ; image set 26490) Images scanned from microfilm: (Early English books, 1475-1640 ; 1803:28) Charles by the grace of God, King of Scotland ... forsameikle as out of the royall and fatherly care which we have had of the good and peace of this our ancient and native kingdome ... Scotland. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 broadside. By Robert Young ..., Imprinted at Edinburgh : [1638] Second pt. of title from text. Date of imprint suggested by STC (2nd ed.). "Cum priuilegio." "Given under our signet at Glasgow the 29 of November, and of our reigne the fourteenth year. 1638." Dissolves the General Assembly. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- Charles I, 1625-1649. Scotland -- Politics and government -- 1625-1649. Scotland -- Proclamations. 2007-08 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2009-01 Judith Siefring Sampled and proofread 2009-01 Judith Siefring Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Royal coat of arms CHARLES by the grace of God , King of Scotland , England , France and Ireland , Defender of the Faith. To our Lovits Heraulds , pursevants , our sheriffs in that part conjunctly and severally specially constitute , greeting . Forsameikle as out of the royall and fatherly care which we have had of the good and peace of this our ancient and native kingdome , having taken to our serious consideration all such things as might have given contentment to our good and loyall subjects : and to this end had discharged by our proclamation the service book , book of canons , and high commission , freed and liberate all men from the practising of the five articles , made all our subjects both ecclesiasticall and civill lyable to the censure of Parliament , generall Assembly , or any other judicatorie competent , according to the nature and qualitie of the offence : and for the free entrie of ministers , that no other oath be administrate unto them then that which is contained in the act of parliament : had declared all by-gone disorders absolutely forgotten and forgiven : and for the more full and cleare extirpating all ground and occasion of fears of innovation of religion , we had commanded the confession of faith , and band for maintenance thereof , and of authoritie in defence of the same , subscribed by our deare Father , and his houshold , in anno 1580. to be renued and subscribed again by our subjects here : Like as for settling of a perfect peace in the church and common-wealth of this kingdome , we caused indict a free generall assembly to be holden at Glasgow the xxi . of this instant , and thereafter a parliament in May , 1639. By which clement dealing , we looked assuredly to have reduced our subjects to their former quiet behaviour and dutifull carriage , whereto they are bound by the word of God , and laws both nationall and municipall , to us their native and soveraigne prince . And albeit the wished effects did not follow , but by the contrary , by our so gracious procedure they were rather emboldened , not only to continue in their stubborne and unlawfull wayes , but also daily adde to their former procedures acts of neglect , and contempt of authoritie , as evidently appeared by open opposing of our just and religious pleasure and command , exprest in our last proclamation anent the discharge of the service book , book of canons , high commission , &c. protesting against the same , and striving by many indirect meanes to withdraw the hearts of our good people , not only from a hearty acknowledgement of our gracious dealing with them , but also from the due obedience to those our just and religious commands , notwithstanding we had been formerly so oft petitioned by themselves for the same . By their daily and hourely guarding and watching about our Castle of Edinburgh , suffering nothing to be imported therein , but at their discretion , And openly stopping and impeding any importation of ammunition , or other necessaries whatsoever to any other of our houses within that kingdome : Denying to us their soveraigne Lord that libertie and freedome , which the meanest of them assume to themselves ( an act without precedent or example in the Christian world ) By making of convocations and councell tables of Nobilitie , Gentrie , Burrows and Ministers within the city of Edinburgh , where not regarding the lawes of the kingdome , they without warrant of authoritie conveene , assemble , and treat upon matters , as well ecclesiasticall as civill , send their injunctions and directions throughout the countrey to their subordinate tables , and other under ministers appointed by them for that effect . And under colour and pretext of religion exercing an unwarranted and unbounded libertie , require obedience to their illegall and unlawfull procedures and directions , to the great and seen prejudice of authoritie , and lawfull monarchicall government . And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their commissioners for the assembly , whereof some are under the censure of this church , some under the censure of the church of Ireland , and some long since banished for open and avowed teaching against monarchie , others of them suspended , and some admitted to the ministerie contrary to the forme prescribed by the lawes of this kingdome , others of them a long time since denounced rebels , and put to the horne , who by all law and unviolable custome and practique of this kingdome , are , and ever have been incapable , either to pursue , or defend before any judicatorie , far lesse to be judges themselves ; some of them confined , and all of them by oath and subscription bound to the overthrow of episcopacie . And by this and other their under-hand working , and private informations and perswasions , have given just ground of suspicion of their partialitie herein , and so made themselves unfit judges of what concerneth episcopacie . And al 's it was sufficiently cleared by the peremptorie and illegall procedures of the presbyteries , who at their own hand by order of law , and without due forme of processe , thrust out the moderators lawfully established , and placed others , whom they found most inclinable to their turbulent humors , associate to themselves for the choosing of the said commissioners for the assembly , a laick elder out of each paroch , who being in most places equall , if not moe in number then the ministerie , made choice both of the ministers , who should be commissioners from the presbyteries , as also of a ruling elder , being directed more therein by the warrants from the foresaid pretended tables , then by their own judgements , as appears by the severall private instructions sent from them , far contrary to the lawes of the countrey , and lowable custome of the church : by which doings it is too manifest , that no calme nor peaceable procedure or course could have been expected from this assembly , for settling of the present disorders and distractions . Yet we were pleased herein in some sort to blinde-fold our own judgement , and over-look the saids disorders , and patiently to attend the meeting of the said assembly , still hoping that when they were met together , by our Commissioner his presence , and assistance of such other well disposed subjects who were to be there , and by their own seeing the reall performance of all that was promised by our last proclamation , they should have been induced to return to their due obedience of subjects : But perceiving that their seditious disposition still increases , by their repairing to the said assembly with great bands and troupes of men , all boddin in fear of warre , with guns and pistolets , contrary to the lawes of this kingdome , custome observed in all assemblies , and in high contempt of our last proclamation at Edinburgh the xvi . of this instant : as also by their peremptory refusing of our assessors , authorized by us ( although fewer in number then our dearest father was in use to have at divers assemblies ) the power of voting in this assembly , as formerly they have done in other assemblies ; and by their partiall , unjust and unchristian refusing , and not suffering to be read the reasons and arguments given in by the Bishops , and their adherents to our Commissioner , why the assembly ought not to proceed to the election of a moderator without them , neither yet to the admitting of any of the commissioners of the saids commissioners from presbyteries , before they were heard object against the same , though earnestly required by our Commissioner in our name . And notwithstanding that our Commissioner under his hand , by warrant from us , gave in a sufficient declaration of all that was contained in our late proclamation and declaration , the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects ; And yet not resting satisfied therewith , lest the continuance of their meeting together might produce other the like dangerous acts , derogatorie to royall authoritie , we have thought good , for preveening thereof , and for the whole causes and reasons above-mentioned , and divers others importing the true monarchicall government of this estate , to dissolve and break up the said assembly . And therefore OUR WILL is , and we do discharge and inhibit all and whatsoever pretended commissioners , and other members of the said pretended assembly , of all further meeting and conveening , treating and concluding any thing belonging to the said assembly , under the pain of treason , declaring all and whatsoever that they shall happen to do in any pretended meeting thereafter , to be null , of no strength , force nor effect , with all that may follow thereupon : Prohibiting and discharging all our lieges to give obedience thereto , and declaring them , and every one of them , free and exempt from the same , and of all hazzard that may ensue for not obeying thereof . And for this effect we command and charge all the foresaids pretended commissioners , and other members of the said assembly , to depart forth of this city of Glasgow within the space of xxiiii ▪ houres after the publication hereof , and to repair home to their own houses , or that they go about their own private affaires in a quiet manner . With speciall provision alwaies , that the foresaid declaration , given in under our Commissioners hand , with all therein contained , shall notwithstanding hereof stand full , firme and sure to all our good subjects in all time coming , for the full assurance to them of the true religion . And our will is , and we command and charge , that incontinent these our letters seen , ye passe , and make publication hereof by open proclamation at the market crosse of Glasgow , and other places needfull , wherethrough none pretend ignorance of the same . Given under our signet at Glasgow the 29. of November , and of our reigne the fourteenth year . 1638. Sic subscribitur HAMMILTOVN , Traquaire , Roxburgh Murray , Linlithgow , Perth , Kingorne , Tullibardin , Hadintoun , Galloway , Annandaill , Lauderdaill , Kinnoull , Dumfreis , Southesk , Belheaven , Angus , Dalyell , J. Hay , W. Elphinstoun , Ja. Carmichael , J. Hammiltoun . Imprinted at Edinburgh by ROBERT YOUNG , printer to the Kings most excellent MAJESTIE . CVM PRIVILEGIO . 
A11742	----	Reasons against the rendering of our sworne and subscribed confession of faith Warriston, Archibald Johnston, Lord, 1611-1663. 1638 Approx. 9 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-03 (EEBO-TCP Phase 1). A11742 STC 22036.5 ESTC S105682 99841408 99841408 5989 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11742) Transcribed from: (Early English Books Online ; image set 5989) Images scanned from microfilm: (Early English books, 1475-1640 ; 561:5) Reasons against the rendering of our sworne and subscribed confession of faith Warriston, Archibald Johnston, Lord, 1611-1663. [4] p. Printed by G. Anderson?, [Edinburgh : 1638] By Archibald Johnston, Lord Warriston. Erroneously attributed to Alexander Henderson. Caption title. Imprint from STC. Signatures: C² . In this edition C2r line 1 has: prelates. Probably intended to be issued with STC 22026, but often found bound with STC 22030, 22056, and other items (STC). Identified as STC 22036a on UMI microfilm. Reproduction of the original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- History, (17th century) -- Early works to 1800. Covenants (Church polity) -- Early works to 1800. Scotland -- Church history -- 17th century -- Early works to 1800. 2002-10 TCP Assigned for keying and markup 2002-12 Aptara Keyed and coded from ProQuest page images 2003-01 Emma (Leeson) Huber Sampled and proofread 2003-01 Emma (Leeson) Huber Text and markup reviewed and edited 2003-02 pfs Batch review (QC) and XML conversion Reasons against the rendering of Our sworne and subscribed Confession of Faith. 1. IF wee should rendér Our subscribed Covenant , wee can not bee free of the great guiltinesse of Perjurie before GOD : for as Wè were drawn by necessitie to enter into a mutuall Union and Conjunction amongst Our selves . So are Wee bound not only by the Laws of GOD and nature , but by Our solemne Oath and Subscription , against all dangerous or divisive motions , by all lawfull meanes to promove and observe the same without violation , and not suffer our selves by whatsoever suggestion , allurement , or terror , directly or indirectly to be divided , or drawn from it : And it is too manifest , that no mo●ion can be more divisive upon the one side , nor can we upon the other part more directly give way to division , then willingly , and with our own consent to render the band of our union and conjunction to be destroyed , that no testimony thereof may be any more extant . 2. Wee would distinguish ( except wee will decave our selves ) between Res Iurata , that which is sworn , and Iuratio our swearing thereof : for although all the generall and particular points contained in our subscribed Covenant were to be insert in another Covenant , to be made by the expresse commandement of authority ; yet to rander our sworne Confession , were both to passe from our swearing thereof , a● si res esset integra , as if we had never sworne and subscribed ; and also to destroy that which we have beene doing , as a thing unlawfull , and to be repented of . It were not only to make our oath to be no oath , our subscription no subscription , and our testimony no testimony , but really to acknowledge and Confesse our selves in this to have beene transgressours ; so that we can neither clame any right to the promise of GOD , nor think our selves obliged in any duety to GOD by vertue of that oath . It must ever be remembred that oaths and perjuries are multiplied , not only according to the diversity of the things that are sworne , but according to the sweareing of the same thing at diverse times ; so oft as we sweare and subscribe the same thing , by so many oathes and obligations are we bound unto GOD , and consequently the rendering of our subscription , is the renunceing of that individuall b●nd and obligation , although possibly by another we may s●●nd bound or sworne . 3. Our voluntary renewing of our Covenant with GOD , carieth greater evidence of a free service to GOD : then if it had beene done by expresse commandement of authority : Because the power of GOD makeing his people so willing , and the readinesse and sincerity of the people is so much the more manifest , like as the LORD from heaven hath testified his acceptance by the wonderfull workings of his Spirit in the hearts both of pastors and people , to their great comfort and strengthning in every duety , above any measure that ever hath beene heard of in this Land ; And therefore to give any token of recalling the same were unthankfully to misregard the work of GOD , and to quite all the comforts and corroborations that the people of GOD have to their great joy experienced at this time . 4. We have decla●ed before GOD and the world , that this our Covenant , as it now stand●th sworne and subscribed , is lawfull and necessary , that it is done in obedience to the commandement of GOD , conforme to the practice of the godly , and according to the laudable example of our religious progenitors , who by the like oath have obliged us to the substance and tenor of this : And therefore if we should now by rendering our Covenant un●o that which we have done , we should deny the commandement of God , condemne the examples in scripture , and the practis●s in this kirk , and precondemne all like commendable cou●ses to be taken by posterity in the like exigence . 5. No Covenant in things civile can be alt●red or rescinded without consent of the parties with whom it is made ; But Our Covenant is a religious Covenant made with GOD and amongst Our selves , and therefore can not be rendered without the expresse consent of the meanest of all the subscribers ▪ who justly for their comfort may crave of Us all the benefite and performance thereof . 6. There is no appearance that such as affect the prelates and their courses , will be moved to sweare and subscribe all the parts of this Covenant : As for instance , To labour by all meanes to recover the former puritie and libertie of the Gospel , as it was established and professed , before the novations alreadie introduced , or to declare that they undoubtedly do believe , that the innovations and evils contained in Our Supplications ; Complaints , and Protestations are abjured in the Confession of Faith , as other heads of Poperie expresly contained therein . 7. Although all the points of the subscribed Covenant were ratified by act of Parliament , yet could we not render the subscribed Covenants : Because acts of Parliament are changeable , and of the nature of a civile ratification : And it is necessarie , that this Our Oath being a religious and perpetuall obligation , should stand in vigour for the more firme establishing of religion in Our owne time , and in the generations following . 8. All the world may justly wonder at Our inconstancie , and Our enemies who in their insolencie are readie to insult upon Us at the least occasion , would not cease to mock at Us , and traduce Us as perjured Covenant-breakers , and troublers of the peace of the kirk and kingdome , without any necessary cause . 9. Although we do not compare the Scriptures of God wi●h a written confession of faith , yet as the rendering of the Bible w●s the sin of Traditores of old , and a signe of the denyall of the truth contained therein : so the rendering of Our Confession of faith , so solemnly sworne and subscribed , for staying the ●●urse of defection , and for barring of Poperie , and all other corrupt●o●s of religion , could be interpreted to be no lesse , then a reall denyall of Our Faith before men , in a time when GOD calleth for the Confession thereof . 10. Many fair promises have beene made , for not urging of articles already concluded , and for not troubling us with any further novations , which being beleived , have ensnared many , and drawne them on to doe that which otherwise they would not have done , all which promises have beene broken and denyed , when the performance was craved . And why shall We not expect the like in this case , especially where the challenge will be found to be more hard and difficile ? Objections answered . Ob. 1. IT may be objected that the Confession of Faith being confirmed by the Kings Authoritie were much to be pr●ferred to this , which seemeth to have no expresse command●ment of authoritie . Ans. 1. Our Covenant wanteth not the warr and civile and eccle●i●sticall , which authorised the former Covenant : 2. Although rash and unadvised oathes be unlawfull , yet voluntary covenanting with God is m●re free service to God ( as hath beene said before ) then that which is comm●nded by Authoritie . 3. We ought not to do ill that good may come of it , and must resolve to choose affliction rather then iniquitie . Ob. 2. The rendering of the whole copies of the subscribed Covenant were a ready meane to remove all feares of the Kings wrath against the subscribers . Ans. 1. It is more fearefull to fall in the band of the living GOD. 2. They wrong the King who t●reaten his good subjects With his Wrath , for covenanting with GOD , in defence of religion and of his Majesties Person and Authoritie . 3. It were more righteous with God to turn his Majesties Heart and hand against Vs , for d●●ling thus deceatfully in his Covenant . O● 3. If this be not granted , his Majestie will grant neither ●●ssemblie nor Parliament for establishing Religion , and setling the peace of the kirk and kingdome . Ans. 1. The good providence of God so sensible in this whole 〈…〉 beginning , will incline the heart of so just and gratious a king , to 〈◊〉 more kindely and benignely with his good Subjects . 2. We have law , reason , and custome for craving and expecting of 〈…〉 remedies of the grievances and feares of the whole kirk a●d c●untrey . Ob. 4. The end of the making of our Covenant was , that we might be delivered from the innovations of religion , which being obteined , our Covenant should cease , as having no further use . Ans. 1. As acts of Parliament against poperie did not abolish our former Confess●●n of faith , wherein poperie was abjured , So Acts of Parli●ment to be made against these innovations can not make our Co●●nant to be unprofitable . 2. Although the innovations of religion 〈◊〉 the o●●●sion of makeing this Covenant , yet our intention was a●●i●st th●se , and against all other innovations and corruptions to e●●ablish religion by an euerlasting Covenant never to be forgotten . 
A11745	----	Reasons for which the service booke, urged upon Scotland ought to bee refused 1638 Approx. 12 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A11745 STC 22038 ESTC S107570 99843269 99843269 7986 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11745) Transcribed from: (Early English Books Online ; image set 7986) Images scanned from microfilm: (Early English books, 1475-1640 ; 1559:10) Reasons for which the service booke, urged upon Scotland ought to bee refused Gillespie, George, 1613-1648, attributed name. [4] p. Printed [by G. Anderson], [[Edinburgh] : in the year of God. 1638] Sometimes attributed to George Gillespie. Caption title. Place of publication and printer's name from STC; publication date from colophon. Signatures: A² . This edition has A1r catchword: English. Probably intended to be issued with STC 22026, but often found bound with STC 22030, 22056, and other items (STC). Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Episcopal Church in Scotland. -- Book of common prayer -- Controversial literature -- Early works to 1800. Scotland -- Church history -- 17th century -- Early works to 1800. 2003-04 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2005-04 Emma (Leeson) Huber Sampled and proofread 2005-04 Emma (Leeson) Huber Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion REASONS For which the Service Booke , urged upon SCOTLAND ought to bee refused . 1. IT cònteineth divers points and directions , vvhich vvould breed a change in some Articles of that Doctrine and Discipline of the Church of the said Kingdome , vvhich is both vvarranted in Scripture & approved by Parlament : and it seemeth to be as vvell against State wisedome as against Religion , to change any thing either in the matter or forme of the sayd doctrine and discipline , vvithout first shewing both some evill or defect in the things to bee changed , and what good & benefit it is that the said Service booke vvill afforde more to the Edification of the Church , or true vvorship of Almightie God , then the points of doctrine & discipline , vvhich the said Service booke vvould breed a change of ? 2. In the pretended Communion , it hath all the substance and essentiall parts of the Masse , and so brings in the most abominable Idolatrie that ever vvas in the vvorld , in vvorshipping of a breaden God , and makes vvay to the Antichrist of Rome , to bring this Land under his bondage againe , as may bee seen at large by the particulars of that Communion , wherein some things , that were put out of the Service booke of England , for smelling so strong of the Masse , are restored , and many other things , that vvere never in it , are brought in , out of the Masse booke , though they labour to cover the matter . It hath the commemoration of the dead : The Table set Altar wayes : The oblation of the Bread and Wine to God before the consecration : It hath the Popish consecration , that the Lord would sanctifie by his Words , and by his holy Spirit , those gifts and creatures of Bread and Wine , that they may be unto us the body and blood of his Sonne , and then repeat the words of institution to God , for that purpose . It hath an oblation of it againe , after it is consecrat , the consumation by the Priest , kneeling before the consecrate Bread and Wine . It takes avvay the eating and drinking by faith , mentioned in the English Liturgie . It hath the patin challice , two Paternosters in English , before the Masse , and severall other particulars , that vvould take a long time to rehearse and confute . 3. Though they vvould take avvay the Idolatrous Masse out of it , yet it hath a number of Popish superstitions and Idolatrous ceremonies : as , 29 holy dayes , vvhereof 22 are dedicated to Saints , two of them to the Virgin Mary , the one vvhereof is called , The Anuntiation of our Lady , so shee is made a Lady to Christians , not being on Earth , shee must be a Lady in Heaven : Is not this to make her a Goddesse ? It hath 14 Fasting dayes , and some vveekes . It hath also the humane Sacraments of Crosse in Baptisme , laying on of the Bishops hand in confirmation : a Ring for the outward seall in Mariage : a sanctified Font , holie vvater , holinesse of Churches and Chancels : private Baptisme , private Communions , Ceremonies for Buriall of the dead , and purification of vvomen after Childbirth , the Priest standing , kneeling , turning to the people , and consequentlie from them , speaking vvith a loud voice , and consequentlie sometimes with a lowe voice . Peoples standing at Gospels , at Gloria Patri , & Creeds : their ansvvering to the Minister , & many such-like , in number above 50. besides any religious Ornament , that the King , or his Successours , shall prescribe , and Ceremonies that Bishops shall determine , or that shall bee conteined in Bookes of Homilies to bee set foorth heereafter . 4. And though they would take out of the Booke , both the Masse & all those superstitious Ceremonies , yet it hath a number of other materiall errours : as , leaving unread about a 120 Chapters of Gods Worde , and putting this reproach upon them , that they are least edifying , & might best bee spared , and reading sundrie Chapters out of Apocrypha , under the stile of holy Scripture of the olde Testament . It hath a Letanie more like conjuring then like Prayers : It hath some places out of vvhich Papists may prove , that Sacraments are absolutelie necessarie to salvation , in apointing Baptisme in private , vvith such haste , that , if necessitie require , he that baptizes needs not so much as to say the Lords Prayer , and out of vvhich they may proove , that Sacraments giue grace by their vvorke vvrought , in saying , Children baptized , have all things necessarie to salvation , & be undoubtedly saved . It hath other places out of which they may proue moe Sacraments then tvvo , vvhich they say euerie Parishoner , who is alreadie baptized , shall communicate , & shall also receave the Sacraments , and that Sacraments two , are generally necessarie to salvation , as if there vvere others , eyther not so generall , or not so necessarie . It hath other places out of vvhich they may proue universall grace : saying , God the Father made mee , and all the world , and God the Sonne redeemed mee , and all mankinde : One Collect pretends to begge from God , that vvhich they dare not presume to name , and a number others of this sort . 5. Though likevvise they amend all those errours , and that there were no materiall errour in it at all : so they read nothing at all but Scriptures , yea , and that all their Prayers & Exhortations vvere nothing but vvords of Scripture , yet such a Liturgie vvere not lawfull to be made the onlie forme of Gods Worship in publike : for , though a formed Liturgie may bee to serve for Rule to other Churches & monuments to Posteritie what formes are used , or that it may lead the way , or bee a direction to those that are beginning in the Ministrie , yet it is not by reading of Prayers and Exhortations that the LORD appoints his servants of the Ministerie to vvorship Him , or edifie his people , but hee hath given gifts to them to Exhort , Pray , and Preach , vvhich they ought to stirre up and use , and though they may in their private studies take helpe of other mens gifts , yet it is not lawfull for a man to tie himselfe , or bee tyed by others , to a prescript forme of vvords in prayer and exhortation , for these reasons : First , Such a prescript Forme is ●gainst the Glorie of God , in stinting to him such a daylie measure of service , and so hindring the many spirituall Petitions and pra●ses that otherw●se would be , if Gods gifts were used . Secondlie , It is against the dignitie of Christ , in making his gifts needlesse : for , though hee send downe no gifts at all , they can serve themselves with the Booke , without them . Thirdlie , It quenches the holy Spirit , because hee gets no employment . Fourthly , It hinders the Edification of Gods people , they may as well stay at home , and bee edified by reading the Booke themselues . Fiftly , It is against the Conversion of those that know not God : will ever a Rat ●yme of words sayd over without feeling or blessing , worke upon an unrenewed heart ? Sixtly , It will never serve to convince an Hereticke , to check a prophane Person , or to waken a secure Soule : they may long goe on or such a service byte upon them : yea , it ●osters people in a presumptuous conceit , that they are well enough if they be present , and say their part of service . Seventhly , It fosters a lasie ministrie , and makes way for putting downe Preaching : they need take no paynes , and therefore needs no stipend : yea , they may come from the Ailhouse , or a worse place , and step to and read their Service , without eyther check or preparation . Eyghtly , It may all be done by a Boy of 7 yeares olde , and so every private man that can read , yea , a Turcke if he can read , may be such a Minister . Ninthly , It cannot expresse the severall needs of all people to God , or deale with them , according to their severall estates , that will alter otherwise then any prescript forme can be aplyed to . Tenthly , If any one stinted Liturgie had beene good , or needfull , no doubt but CHRIST would have set one downe to us . 6. Though a prescript forme of Liturgie were lawfull , yet there is no warrand for imposing of one : for , might not able Ministers ( at least ) make a prescript forme to themselves , which would fit them and their people best ? But if it were lawfull to impose one , then there is one in this Countrie already . Ought not that rather be imposed , then any other , seeing it is already established by Parlament , now of a long time ? But now , if a new one ought to be imposed , then it ought to come in by a lawfull maner : by a generall Assemblie , and men chosen to make it that are knowne to have the gift of Prayer themselves , and not the Masse booke , translated into English , urged by Antichristian Prelats , upon Gods people , without consent of any Generall Assemblie or Parlament , against the will of all men , & with no small offence & scandall to the minds and consciences of such , as thinke all Liturgie unlawfull , that is either in the Masse way , or inconsistent with the practise & peace of the reformed Churches of Scotland hitherto , and against the hearts of such as know many things in the English Liturgie and Canons , which the practise of , neyther hath warrand in Gods Word , nor can bring any such adition , to the profit , honor , or power of the King , that is able to compense the losse hee may make of his good Subjects affections , by commanding such a change , as the urged Liturgie would bring to the Peace of our Church , and respect due to the Acts of Parlament and long custome , whereby our Church discipline , Order , and Government hath beene established . PRINTED in the year of GOD. 1638. 
A03379	----	The muses threnodie, or, mirthfull mournings, on the death of Master Gall Containing varietie of pleasant poëticall descriptions, morall instructions, historiall narrations, and divine observations, with the most remarkable antiquities of Scotland, especially at Perth By Mr. H. Adamson. Adamson, Henry. 1638 Approx. 169 KB of XML-encoded text transcribed from 54 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A03379 STC 135 ESTC S100435 99836275 99836275 535 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A03379) Transcribed from: (Early English Books Online ; image set 535) Images scanned from microfilm: (Early English Books, 1475-1640 ; 818:6) The muses threnodie, or, mirthfull mournings, on the death of Master Gall Containing varietie of pleasant poëticall descriptions, morall instructions, historiall narrations, and divine observations, with the most remarkable antiquities of Scotland, especially at Perth By Mr. H. Adamson. Adamson, Henry. [20], 87, [1] p. In King Iames College, by George Anderson, Printed at Edinburgh : 1638. Verse satire. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Humor. 2003-03 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 Olivia Bottum Sampled and proofread 2003-05 Olivia Bottum Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion THE MUSES THRENODIE , OR , Mirthfull Mournings , on the death of Master Gall. Containing varietie of pleasant Poëticall descriptions , morall instructions , historicall narrations , and divine observations , with the most remarkable antiquities of Scotland , especially at Perth . By Mr. H. ADAMSON . Horat. in Arte. Omne tulit punctum , qui miscuit utile dulci. Printed at Edinburgh in King Iames College , by George Anderson . 1638. TO HIS NATIVE TOWN OF PERTH : THE LORD PROVEST , BAILLIES , AND COUNSEL THEREOF , HIS WORTHIE PATRONS , Wishing them all happinesse heere , and hence , dedicateth these his recreations their devoted Servant Mr. HEN. ADAMSON ; Student in Divine , and Humane Learning . TO THE READER . Courteous Reader , IT is not amisse thou bee a little informed concerning the Poet , and the persons of the defunct and mourner . The Poet wrote this for his owne exercise , and the recreation of his friends ; and this peece , although accomplished to the great contentment of many that read and heard it , yet could not the Author be induced to let it thole the presse , till the importunitie of many learned men urged him unto it : And the last brash was made by a Letter of the prime Poet of our kingdome , whereof this is the just copie . To my worthie Friend , Mr. HEN. ADAMSON . Sir , THese papers of your mournings on Master Gall appeare unto me as Alcibiadis Sileni , which ridiculously look , with the faces of Sphinges , Chimeraes , Centaures on their outsides , but inwardlie containe rare artifice , and rich jewels of al● sorts , for the delight and well of Man. They may deservedlie beare the word , Non intus ut extra . Your two Champions , noble Zannies , discover to us many of the Antiquities of this Countrey more of your auncient towne of Perth , setting downe her situation , founders , her hudge colosse , or bridge , walls , fousies , aqueducts , fortifications , temples , monasteries , and many other singularities . Happie hath Perth beene in such a Citizen : not so other townes of this kingdome , by want of so diligent a searcher and preserver of their fame from oblivion . Some Muses neither to themselves , nor to others do good ; nor delighting , nor instructing ; yours performe both : And longer to conceale them , will be to wrong your Perth of her due honours , who deserveth no lesse of you than that she should be thus blazoned , and registrate to posteritie , to defraud your selfe of a monument ; which after you have left this transitorie world shall keepe your name and memorie to after times . This shall bee preserved by the Towne of Perth for her owne sake first , and after for yours . For to her it hath beene no little glory that she hath brought forth , such a citizen , so emi●ent in love to her , and so dear to the Muses . Edinburgh , Julij 12. 1637. W. D. ANent the defunct , his name was M. Iames Gall , a Citizen of Perth , and a Gentle-man of a goodly stature , and pregnant wit , much given to pastime , as golf , archerie , curling ; and Joviall companie . A man verie kinde to his friends , and a prettie poet in liberall merriments , and tart satyres ; no lesse acquaint with Philoenus , and the Acidalian Dame , than with the Muses . For the mourner , he yet lives and mournes : and seeing he is of purpose to set forth the webbe of his life , which is verie long , now almost an hundred elnes , counting an elne for a year , it is needlesse to speak of him here , all know him ( that know him ) to be a good man , and hath beene occasion of mirth to many , to none of mourning , as M. Gall by his immature death hath been● to him . It seemeth sufficient , untill the time he him self set out the historie of himself , to set down here t● inventar of the ornaments of his Cabin , which , by a Ca tachrestick name , he usually calleth Gabions . This Inventarie we have in a torn , and worn copie , and in respect there are some lines in it we can not read , pray thee , gentle Reader , be content of that , that is to the fore , till we can obtaine from M. George the whole piece , which was alleaged to be written by M. Gall , although , in veritie , the Author of this book did write it , and as I think , not without M. George his owne advice , and for his friends recreation . The Inventarie of the Gabions , in M. George his Cabinet . OF uncouth formes , and wondrous shapes , Like Peacoks , and like Indian apes , Like Leopards , and beasts spoted , Of clubs curiously knoted , Of wondrous workmanships , and rare , Like Eagles flying in the air , Like Centaurs , Maremaids in the Seas , Like Dolphins , and like honie bees , Some carv'd in timber , some in stone , Of the wonder of Albion ; Which this close cabine doth include ; Some portends ill , some presage good : What sprite Daedalian hath forth brought them , Yee Gods assist , I thinke yee wrought them , Your influences did conspire This comelie cabine to attire Neptune gave first his awfull trident , And Pan the hornes gave of a bident , Triton his trumpet of a buckie , Propin'd to him , was large and luckie : Mars gave the glistring sword and dagger , Wherewith some time he wont to swagger , Cyclopean armour of Achilles , Fair Venus purtrayed by Apelles , The valiant Hectors weightie spear , Wherewith he fought the Trojan war , The fatall sword and seven fold shield Of Ajax , who could never yeeld : Yea more the great Herculean club Brusde Hydra in the Lernè dub . Hote Vulcan with his crooked heele Bestow'd on him a tempred steele , Cyclophes were the brethren Allans , Who swore they swet more then ten gallons In framing it upon their forge , And tempring it for Master George : But Aesculapius taught the lesson How he should us'd in goodly fashion , And bad extinguis't in his ale , When that he thought it pure and stale , With a pugill of polypodium : And Ceres brought a manufodium : And will'd him tost it at his fire And of such bread never to tyre ; Then Podalirius did conclude That for his melt was soverainge good . Gold hair'd Apollo did bestow His mightie-sounding silver bow , With musick instruments great store , His harp , his cithar , and mandore , His peircing arrowes and his quiver : But Cupid shot him through the liver And set him all up in à flame , To follow à Peneïan Dame : But being once repudiat Did lurk within this Cabinet , And there with many a sigh and groane , Fierce Cupids wrong he did bemoane , But this deep passion to rebet Venus bestow'd her Amulet , The firie flame for to beare downe , Cold lactuce and pupuleum ; And thenceforth will'd the poplar tree To him should consecrated be . With twentie thousand pretious things , Mercurius gave his staffe and wings : And more this Cabine to decore , Of curious staffs he gave fourescore , Of clubs and cudgels contortized : Some plaine worke , others crispe and frized , Like Satyrs , dragons , flying fowles , Like fishes , serpents , cats , and owles , Like winged-horses , strange Chimaeraes , Like Unicorns and fierce Pantheraes , So livelike that a man would doubt , If art or nature brought them out . The monstrous branched great hart-horne , Which on Acteon's front was borne : On which doth hing his velvet knapsca . A scimitare cut like an haksaw , Great bukies , partans , toes of lapstares , Oster shells , ensignes for tapsters , Gadie beeds and crystall glasses , Stones , and ornaments for lasses , Garlands made of summer flowres , Propin'd him by his paramoürs , With many other pretious thing , Which all upon its branches hing : So that it doth excell but scorne The wealthie Amalthean horne . This Cabine containes what you wish , No place his ornaments doth misse , For there is such varietie , Looking breeds no sacietie . In one nooke stands Loquhabrian axes , And in another nooke the glaxe is . Heere lyes a book they call the dennet , There lyes the head of old Brown Kennet , Here lyes a turkasse , and a hammer , There lyes a Greek and Latine Grammer , Heere hings an auncient mantua bannet , There hings a Robin and a Iannet , Upon a cord that 's strangular A buffet stoole sexangular : A foole muting in his owne hand ; Soft , soft my Muse , sound not this sand , What ever matter come athorter , Touch not I pray the iron morter . His cougs , his dishes , and his caps , A Totum , and some bairnes taps ; A gadareilie , and a whisle , A trumpe , an Abercome mussell , His hats , his hoods , his bels , his bones , His allay bowles , and curling stones , The sacred games to celebrat , Which to the Gods are consecrat . And more , this cabine to adorne , Diana gave her hunting horne , And that there should be no defect , God Momus gift did not inlake : Only *** was to blame , Who would bestow nothing for shame ; This Cabine was so cram'd with store She could not enter at the doore . This prettie want for to supplie A privie parlour stands neere by , In which there is in order plac't Phoebus with the nine Muses grac't , In compasse , siting like a crown . This is the place of great renown : Heere all good learning is inschrynd , And all grave wisedome is confin'd , Clio with stories ancient times , Melpomené with Tragick lines , Wanton Thalia's comedies , Euterpe's sweetest harmonies , Terpsichore's heart-moving cithar , Lovely Erato's numbring meeter , Caliope's heroick songs , Vranias heavenly motions ; Polymnia in various musick Paints all with flowres of Rhetorick , Amidst sits Phoebus laureat , Crown'd with the whole Pierian State. Here 's Galene and Hippocrates , Divine Plato and Socrates , Th' Arabian skill and exccellence , The Greek and Romane eloquence , With manie worthie worke and storie Within this place inaccessorie . These models , in this Cabine plac'd , Are with the world 's whole wonders grac'd : What curious art or nature framd , What monster hath beene taught or tamd , What Polycletus in his time , What Archimedes rich ingine , Who taught the Art of menadrie The Syracusan synedrie . What Gods or mortals did forth bring It in this cabinet doth hing , Whose famous relicts are all flowr'd , And all with precious pouldar stowr'd : And richly deckt with curious hingers , Wrought by Arachne's nimble fingers . This is his store-house and his treasure , This is his Paradise of pleasure , This is the Arcenall of Gods , Of all the world this is the oddes : This is the place Apollo chuses , This is the residence of Muses : And to conclude all this in one , This is the Romaine Pantheon . An apologie of the Author , done as by the Mourner , to the Lovers of Learning . LET none offend , though in mine age I sing Swan-like , some lawfull joyes youthead did bring : My songs are mournings , which may clearly shew Th' inconstant course of all things here below : Yet guided by that steadfast hand alwayes Which , midst confusions great , the ballance stayes : Thus Heraclitus-like sometimes I mourne At giddie Fortunes reelings : thence I turne Like to Democritus in laughter wholly To see th' inconstant changes of her folly . Thus do I mourne , and laugh oftimes , by course , As giddie Fortune reeles from good to worse : For neither is the battell to the strong , Nor doth unto the swift the race belong , Nor bread to these whose wit should have commanding , Nor riches to the men of understanding : Nor favour doth to men of knowledge fall , But chance ( as would appear ) doth order all . So , if the second causes we do view , We shall finde out a paradoxe most true . But O thou prime and supreme cause of all , Nothing to thee by fortune doth befall , For Thou , in midst of all these great confusions Fores●s , and workes most permanent conclusions , Keeping most comely order in varieties , And making concord in all contrarieties . Hence doth it come to passe of thy benignitie , That wicked men possesse both wealth and dignitie . But , as it s written , riches are preserv'd , And for the evill of th'owners are reserv'd : And as a mightie load the bearers smothers , So some to their owne burt rule over others , Not looking to th' account they must needs make , Nor bow their smiling fortune may turn back , Whose honour like the sea doth ebbe and flow , Whose beautie hath the time to fade and grew , Whose riches , like the Eagle , hath their wings , Now lighting down on earth , to Heaven then springs . The body's Summer rose is quickly gone , By winters stormie age all overblowne , To shew earths constant changes : and that all Which here on earth do spring must likewise fall . Thrise happie he that state who quickly findes , Which is not shaken with earths contrare windes ! Hence Solitarie and poore content I live , Sith bitter hap blind fortune doth not give : And , like Diogenes , contemplate all , Within my Cabine , that here doth befall : Which gives me subject both to sing and mourne , The times ov'rpast , which never shall returne . I praise the worthie deedes of Martiall men , And I do wish the whole world might them ken : I praise their vertues : No , their Vertuous deeds Do praise themselves , and as most lively seeds Beget like children : so commemoration Begets them native sons by imitation . Native ! more native than by blood descended , Who with their fame their fortunes have mispened . For what availes to point a noble race By long descent of branches , if in face Like vertue doth not shine , and equall worth Ignoble deeds belie a noble birth ; Maugre all contrare thoughts , this true shall trie Vertue alone is true nobilitie . If one most vitious in my line should be Five hundred years ago , what is 't to me , Who vertuous am ; ? What ? can it derogate To my good name ? or violate my state ? Or if antcestors brave shall me preceed , And I do prove the knave , what shall proceed By their Heroick vertues unto me , Wh●se vitious life denies my progenie ? For linage and forebears , Naso said , Are not cal'● ours , nor what our selves not made . To prove this paradoxe I durst be bold With judgement of the learned but I hold My pen : for all do know of old what 's said , I rather that Thersites were my daid , And I Achilles-like , most noble , rather Then I Thersites , he to be my father : True generositie doth so esteeme , Though ignorance the contrare would maintaine . But Momus must needs carp , and Misanthrópos Be Ariopagita-like Scythropos . Scarce were these lines as yet come to the birth When some false flattering sycoph●nt gave forth Most foule aspersions , making rumors spread , That citing of some auncient stories bred No small disgrace unto the present times , Places , and persons of most auncient stemmes . And that I write of purpose to attaint them ; I wish of this their wrong it might repent them : ●or as the contrare's true , so I protest I never bad a purpose to infest The meanest , far lesse these of better sort , Where birth and grace do make a sweet consort . Yea , more I do protest , against my will These lines were reft from under my rude quill : I never did intend so great a height That they should touch the presse , or come to light : But now , sith more there is then my designe , I forced am my just defence to bring Gainst my traducers , who maliciouslie , With banefull invie's tooth , have snatch'd at me But I appeale to all judicious learning , Whose wits are exercised in decerning , If I your approbation do finde , I care nought these Ardelio's catching winde ; Nor other Patrons do I seek but you , To take of this small piece a litle view , And give just censure joyn'd with your protection , More worth then Zoilus hate Gnatho's affection ; Your favours shall me shelter and defend Against all invies rage to live to end● Trusting in God to keepe my conscience pure , Whose favour most of all shall me secure . Farewell . De Authoris praematuro obitu , Elegidion . A Damsone jaces , raptus florentibus annis ? Totque animi dotes hausit acerba dies ? Tam carum Phoebo letali tabe lev are Artes Phoebaeae non potuere ca put ? Quod tibi si canam fas aspexisse senectam , Pectoris & diti promere clausa sinu : Inferius Tiberi non Taus nomen haberet : Et Romae aequaret Pertha superba decus . Haec vide , quae primâ lusit vernante juventâ ( Talis erat Ciris Virgiliique Culex ) Aspice , conatu quam nil molitur inepto , Grancia seu memoret , sive jocosa canat . Martia grandiloquo memorat dum bella cot●urno , Maeoniam credas incinuisse tubam . Si laudes canat Heroum , aut facta inclyta Iovae , Daunigenam jures increpuisse fides . Ad jeca si laetae demittat plectra Thaliae , Bilbilidae dicas plectra movere sales . Si canit historias , diae si dogmata legis ; Dixeris his omnes invigilasse dies . Denique sic unus cunctâ proludit in arte , Ceu brevis ars , illi vitaque longa foret . Quòd si tantus honos florum ; quae gloria messis ( Hanc nisi praeriperent fata inimica ) foret ? At tu quae primae dederas spiramina vitae , Cui vitae aeternum reddidit ille diem , AEternos titulos spiranti in marmore scribas , Vsque memor civis , inclyta Pertha , tui . TH. CRAFORDIUS . TO PERTH , ANENT TWO of her Sons , her two Suns , Mr. Henrie Anderson , and Mr. Henrie Adamson , his Nephew . TWo Henries , like two Suns , upon thee rose , The Uncle , and the Nephew , and did close The one à summer , th' other a winter day , Nor longer could on our Horizon stay . With home-bred beames the one on thee did shine , Th' other with rayes brought from the coast Lavine . But herein These excell fair Phoebes brother , He and his beames do rise , and set together ; Their rayes shine most , themselves when under earth , And shall perpetuall splendor give to Perth . So be it ay , upon thee , noble Town , May many such suns rise , & so go down . I. A. Ad Authorem proximi Epigrammatis , de tertio Perthi Sole , Patricio Adamsono , Poeta & Oratore elegantissimo , qui Perthi natus & educatus , ob eximias animi dotes , insignem eruditionem , & incomparabilem eloquentiam , pari pietate conjunctam , in Archiepiscopatum Andreanum evectus est , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 PErtha duos tantùm vidit , sua pignora , Soles Laetifica claram spargere ●uce diem ? Hinc Adamsoni discussit nubila lampas , Hinc Andersoni fulserat ante jubar . Tertius hinc ortus ( gentilis & ipse nepotis ) Clarus in arctoo Phoebus & orbe fuit . Nec tantùm Arctoo ; sed & hunc quoque Gallia Soles Aequantem stupuit quos sua terra dabat . Aequantemque suos mirata est Anglia Soles , Lumine multiplicis enituisse facis . Non alius quisquam docti pollentior oris Fulmine : non calamo qui superaret , erat . Prompta illi Graiae & Latiae facundia linguae : Nota illi veterum dogmata cuncta Soph● . Illius , orbatae Buchanani in funere , Musae Pectora ceu sacros incoluere lares . Nota mag● nulli d●●cula : nullus , Haec melius posset qui reserare , fuit . Nec , quanquam occiduas curru● demisit in undas , 〈◊〉 〈◊〉 〈◊〉 occu● potest . T. C. In Authorem Libri . NVper Adamsonus vicit splendore Triones , At nunc occid●m spissior umbra tegit . Non tamen in caecas omnino evanuit auras , Liquerat en patrio lumina clara solo . Perthigenasque suos secus hand intermicat ille , ( Accendens radio nobiliore diom ) Ac Phoebe , reliquis praefulgens lu●ida stellis , Noctigenam pleno dum movet orbe facem . Ad Pertham . QVid fles ? Quid tristi rumpis praecordia luctu ? Pone modum lachrymis , inclyta Pertha , tuis . Occiderat tuus ( heu ) fato Adamsonus iniquo : Non tamen interiit : sed redivivus adest . To the memorie of the Author . Dear Soul , thou hast obtain'd more lasting Fame , In follies collours wisedome setting forth , Than if ten fabriks like Mausolios frame Were for thee rear'd in witnesse of thy worth . Thy Perth may boast of such a gratefull son , Who thus hath honoured his deare aged another , Thy Muse such glorie and such fame hath won To her , as no oblivioun can it smother . Art , wit , and learning ; learning , wit , and art Do joyntlie justle here , each of them striving Which carrie shall the prise , and beare chiefe part In these thy layes , thy native Town describing . Thy Georges gabions shew to underlings That all things trifles be , that heaven not reaches , By what thy Gall and he , in rapture , sings , Much wisedome divine and humane thou teaches . Thy death the Muses darlings all shall mourne , And shall a tombe erect unto thy name Of teares turn'd cristall ; and upon thine urne These words shall write , as blazon of thy fame : Heere lyes his dust , by whose most learned quill He and his Perth doe live , and shall live still . IO. MOORE . Faults escaped . Courteous Reader , who intends to read this book , may it please thee amend with thy pen these faults before thou read . Pag. 29. lineâ ultimâ , for where , read with . pag. 48. lin . 25. for Thus entring through well straitly , read , Thus entring , though well straitly , pag. 52. lin . 17. say , read see . pag. 56. lin . 10 sault , read salt . Pag. 71. lin . 4. And wraks of that citie , read , And of that cities wrake . p. 76. l. 10. cooles , read coole . OF Master George Ruthven the teares and mournings , Amids the giddie course of Fortunes turnings , Vpon his dear friends death , Master James Gall , Where his rare ornaments bear a part , and wretched Gabions all . The first Muse. NOW must I mourne for Gall , since he is gone , And yee my Gabions help me him to mone ; And in your courses sorrow for his sake , Whose matchlesse Muse immortall did you make . Who now shall pen your praise , and make you known ? By whom now shall your vertues be forth-shown ? Who shall declare your worth ? Is any able ? Who dar to meddle with Apelles table ? Ai me there 's none : And is there none indeed ? Then must yee mourne of force , there 's no remeed : And I , for my part , with you in my turne Shall keep a dolefull consort whilst ye mourne : And thus , with echoing voice , shall houle and cry , Gall , sweetest Gall , what ailed thee to die ? Now first my Bowes begin this dolefull song , No more with clangors let your shafts be flung In fields abroad , but in my cabine stay , And help me for to mourn till dying day . With dust and cobwebs cover all your heads , And take you to your matins and your beads , A requiem sing unto that sweetest soul , Which shines now , sancted , above either pole . And yee my Clubs , you must no more prepare . To make you bals flee whistling in the aire , But hing your heads , and bow your crooked crags , And dresse you all in sackcloth and in rags , No more to see the Sun , nor fertile fields , But closely keep you mourning in your bields , And for your part the trible to you take , And when you cry make all your crags to crake , And shiver when you sing alace for Gall ! Ah if our mourning might thee now recall ! And yee my Loadstones of Lidnochian lakes , Collected from the loughs , where watrie snakes Do much abound , take unto you a part , And mourn for Gall , who lov'd you with his heart : In this sad dump and melancholick mood The Burdown yee must bear , not on the flood , Or frosen watrie plaines , but let your tuning Come help me for to weep by mournfull cruning . And yee the rest , my Gabions lesse and more Of noble kinde , come help me for to roare , And of my wofull weeping take a part , Help to declare the dolour of mine heart . How can I choose but mourne ? when I think on Our games Olympike-like in times agone ; Chieflie wherein our cunning vve did try , And matchlesse skill in noble archerie ; In these our dayes vvhen archers did abound In Perth ( then famous for such pastime found . ) Amongst the first for archers vve vvere knovvn , And in that art our skil vvas lovvdly blovvn ; What time Perths credit did stand vvith the best And bravest archers , this land hath possest . We spar'd nor gaines , nor paines for to report To Perth the vvorship , by such noble sport : Witnesse the links of Leith , vvhere Cowper , Grahame , And Stewart vvin the price and brought it home ; And in these games did offer ten to three There to contend : Quorum pars magna fui . I mourn good Gall , when I think on that stead , Where yee did haile your shaft unto the head , And with a strong and stedfast eye and hand So valiantly your bow yee did command ; A slidrie shaft forth of its forks did fling , Clank gave the bow , the whistling aire did ring , The bowlt did cleave the clouds and threat the skyes , And thence , down falling , to the mark it flies , Incontinent the aimer gave a token , The mark was kill'd , the shaft in flinders broken : Then softlie smyling , good Gall , thus quod I , Now finde I time my archerie to try , And heere by solemne vow I undertake , In token of my love , even for thy sake , Either to hit the mark , else shall I never , More with these armes of mine use bow and quiver . Therewith my ligaments I did extend , And then a noble shaft I did commend Unto my bow , then firmelie fixt mine eye , And closelie leveld at Orions knee , A star of greatest magnitude , who kend it So well as I , prayes you be not offended ; ( For I did use no magick incantation For to couduct my shaft I will finde cation . ) Then cleverly my flen soone can I feather , Upon my left arme was a brace of leather ; And with three fingers hailing up the string , The bow in semicircle did I bring ; With soft and tender lowse out went the shaft , Amids the clouds the arrow flew aloft , And , as directed by a skilfull hand , With speedie flight the steadfast mark it sand , The aimer gave his signe , furth-with was known , The shot was mine , the boult in flinders flown , Above his shaft , in such difficile stead , Closely I hit the mark upon the head ; Then on the plain we capreld wonder fast , Whereat the people gazing were agast ; VVith kinde embracements , did we thurst and thrimble , ( For in these dayes I was exceeding nimble ) VVe leapt , we danct , we loudly laught and cry'd : For in the earth such skill was never try'd In archerie , as we prov'd in these daies , Whereby we did obtaine immortall praise . Then Gossop Gall ( quod I ) I dar approve Thou hast a trustie token of my love . VVhat shall be said of other martiall games ? None was inlaking from whence bravest stemmes , Victorious trophees , palmes , and noble pynes Olives and lawrels , such as auncient times Decor'd the Grecian-victors in their playes , And worthie Romanes in their brave assayes , For tryall of their strength , each match'd with other , Whose beautie was , sweat mix'd with dust together . Such exercises did content us more Then if wee had possest King Croesus store . But O! ye fields my native Perth neerby , Prayes you to speak , and truely testifie , What matchlesse skill we prov'd in all these places , Within the compasse of three thousand paces , On either side ; while as we went a shooting , And strongly strove who should bring home the booting , Alongst the flowrie banks of Tay to Amound , Ay when I hit the mark I cast a gamound ; And there we view the place where some time stood The ancient Bertha , now ov'rflow'd with flood Of mightie waters , and that Princely hold VVhere dwelt King William , by the streame down rold , Was utterly defac'd , and overthrown , That now the place thereof scarce can be known . Then through these haughs of faire and fertile ground , Which with fruit trees , with cornes , and flocks abound , Meandring rivers , sweet flowres , heavenly honey , More for our pastime then to conquesh money We went a shooting , both through plaine and park , And never stay'd till wee came to Lowswork : Built by our mightie Kings for to preserve us , That thenceforth waters should not drown , but serve us ; Yet condescending it admits one rill Which all these plaines with cristall brooks doth fill , And by a conduit large three miles in length Serves to make Perth impregnable for strength At all occasions ; when her clowses fall , Making the water mount up to her wall . When we had viewd this mightie work at randon , We thought it best these fields for to abandon , And turning home-wards , spar'd nor dyke nor fowsie Untill we come unto the boot of Bowsie , Alongst this aqueduct , and there our station , We made , and viewd Balhowsies situation , O'reluking all that spacious pleasant valley , VVith flowres damasked , levell as an alley Betwixt and Perth , thither did we repair ( For why the season was exceeding fair ) Then all alongst this valley did we hye , And there the place we clearlie did espye . The precinct , situation and the stead , VVhere ended was that cruell bloodie fead Between these cursed clans , Chattan , and Kay Before King Robert , Iohn ; upon the day Appointed , then and there , where did conveene Thirtie 'gainst thirtie matcht upon that greene , Of martiall fellows , all in rageing mood Like furious Ajax , or Orestes wood , Alonely arm'd with long two-handed swords , Their sparkling eyes cast fire in steed of words , Their horride beards , thrown brovves , brusled mustages Of deadly blovves t'enshevv vvere vive presages . Thus standing Fortuns event for to try , And thousands them beholding , one did cry VVith loud and mightie voice , Stay ! hold your hands ! A little space vve pray ; The case thus stands ; One of our number is not heere to day ; This suddaine speach did make some little stay Of this most bloodie bargaine , th' one partie fight VVould not unlesse the number vvere made right Unto the adverse faction , nor vvas any That vvould it take in hand amongst so many Beholders of all ranks into that place : On th' other side none vvould sustaine disgrace To be debarred from his other fellovves , He rather hung seven yeeres upon the gallovves . Thus as the question stood , vvas found at length One Henry wind , for triall of his strength The charge vvould take , a sadler of his craft , I vvot not vvell vvhether the man vvas daft , But for an half french crovvn he took in hand , Stoutly to fight so long as he might stand , And if to be victorious should be tide him , They should some yeerly pension provide him . The bargaine holds : and then withall their maine Their braikens bukled to the fight againe ; Incontinent the trumpets loudlie sounded , And mightilie the great bag-pipes were winded : Then fell they to 't as fierce as any thunder , From shoulders armes , and heads from necks they sunder ; All raging there in bloud , they hew'd and hasht , Their skin coats with the new cut were out●lasht ; And scorning death , so bravely did they fight it , That the beholders greatlie were affrighted : But chiefly this by all men was observed , None fought so fiercely ; nor so well deserved As this their hired Souldier , Henrie Winde , For by his valour victorie inclinde Vnto that side ; and ever since those dayes This proverb current goes , when any sayes , How come you heere ? This answere doth he finde , I 'm for mine owne hand , as fought Henrie Winde . So finely fought he , ten with him escapt , And of th' other but one , in flood who leapt , And sav'd himself by swimming over Tay : But to speak more of this we might not stay . Thence did we take us to the other hand , From this divided by a crystall strand : From whence the King beheld with open sight The long-time doubtfull event of this fight , From of his pleasant gardins , flowrie wall , Which we the guilted Arbor yet do call ; And here some monuments we did descrie , And ruin'd heaps of great antiquitie : There stood a temple , and religious place , And here a palace ; but ah wofull cace ! Where murthered was one of the bravest Kings For wisedome , learning , valour , and such things As should a Prince adorn ; who trads and arts By men of matchlesse skill brought to thir parts , From Italie , Low Germanie , and France , Religion , learning , policie to advance , King Iames the first , of everlasting name , Kill'd by that mischant traitour , Robert Grahame , Intending of his crown for to have rob'd him , With twentie eight wounds in the breast he stob'd him . Unnaturall parricide , most bloudie traitour ! Accursed be thou above any creature , And curst be all , for so it is appointed , That dar presume to touch the Lords anointed . This phoenix Prince our nation much decord , Good letters and civilitie restord , By long and bloudie wars which were defaced , His royall care made them be reembraced : And he this citie mightilie intended To have inhanc'd , if fates had condescended : For which if power answer'd good-will , we would With Gorgias Leontinus raise of gold A statue to him of most curious frame , In honour of his dear and worthie name . He likewise built most sumptuouslie fair That much renownd religious place , and rare , The Charterhouse of Perth , a mightie frame , Vallis virtutis by a mystick name , Looking alongst that painted spatious field , Which doth with pleasure profite sweetly yeeld , The fair south Inch of Perth , and banks of Tay. This abbayes , stiples , and it's turrets stay While as they stood ( but ah where sins abound The loftiest pride lyes leveld with the ground ! ) Were cunningly contriv'd with curious art , And quintessence of skill in everie part ; My grandsire many times to me hath told it He knew their names this mightie frame who moldit : Italians some , and some were French men borne , Whose matchlesse skill this great work did adorne . And living were in Perth some of their race When that , alace , demolish'd was this place , For greatnesse , beautie , statlinesse so fair In Britans Isle , was said , none might compare Even as Apelles for to prove his skill In limming Venus with a perfect quill , Did not on some one beautie take inspection , But of all beauties borrowed the perfection : Even so this Prince to policie inclinde , Did not on some one fabrick set his minde To make the prototype of his designe , But from all works did all perfections bring , And rarest paterns brought from everie part , Where any brave Vitruvius kyth'd his art , So that this great and princelie enterprise Perfections of all models did comprise . And in this place where he doth buriedly VVas kept the Relict wherein he did dye ; His doublet , as a monument reserv'd , And when this place was raz'd , it was preserv'd : VVhich afterwards I did see for my part , VVith hols through which he stab'd was to the heart . Then , good Gall , thus quod I , what shew of reason Mov'd this unnaturall traitour work such treason ? Reason ! good Monsier , Gall did thus reply , Reason ! so much in shew I do deny , Reason ! No reason did he have at all , But wormwood , bitter malice Stygian gall VVithin this traitours heart did closely lurk , VVhich moved him this tragedie to work : And I would truelie tell this wofull storie , But that my tongue doth faile , mine heart 's so sorie : Yet whiles that we unto the town do go , Monsier , the true occasion , will I show . This worthie Prince , according to the taillie Made by King Robert , when heirs male should faillie , Of his Son David then Earle of Statherne , So soone , I say , the King as he did learne , That heirs male of this David were surceast , Into these lands he did himself invest : For David leaving after him no son , His lands by right come back unto the crown , Yet after him one daughter did survive , In mariage which to Patrick Grahame they give , To vvhom she bare a son , one Melisse Grahame , VVhose parents dying young , Robert did clame , As uncle , and as tutor , of these lands To have the charge devolved in his hands : Which when the king most justlie did deny To give , and gravelie shew the reason why , This bloodie traitour from his gorge did spew Words treacherous , nor to be spoke , nor true . For which he justlie traitour was declar'd , But he the Kings authoritie nought car'd , But more and more pursuing his intent , To Walter Earle of Athole straight he went , Whom well he knew to have the like designe , Above all things for to cut off the king , And all the race sprung of Eliza Mure , With witches did consult and sprits conjure , This to effect , and all th' infernall furies With draughts and spels , and such unlawfull curies : At length he finding that incarnat fiend , Believ'd his response should have stedfast end , Which was , that he should once before he die Be crowned King with great solemnitie : Which came to passe indeed , but not with gold , For his familiar sprit keept that untold : Thus these two traitours cruelly did hatch The treason , which this good king did dispatch . Both of these traitours at the crowne did aime , Th' one thought his nephew might it some time claime , And he without all question would succeed : For well he knew to cut the fatall threed : Likewise that other Hell-taught traitour Walter Believ'd by no meanes his response could alter , Thus both of them fed with ambitious hopes , Keep'd secret by themselves their partiall scops , But mutually this one thing they intend , The king must die ; and heere their thoughts they spend . But this Earle Walter subtile more than th' other His quaint designe gan cunningly to smother , Observing well the Grahames proud haughtie braine , Greatly aggreag'd the wrongs he did susteine , Affirming that there was none had a heart But would avenged be , and for his part He would assist , and when that turne were ended Against all deadly Grahame should be defended . Thus by ambition witcht , and rage demented This traitour execut what was intented . Who from the famous Trojan had his name And from the woods , when he did hear the fame Of this infamous fact at Edinburgh then Residing to make peace between these men Who of the Greeks and Trojans are descended , O how he was inrag'd ! O how offended ! To see so brave a Prince so traiterouslie Cut off , he roard and rail'd outragiouslie 'Gainst all the nation ; but when he justice done Had seene upon the traitours , then his tune He quicklie chang'd , now have I seene ( said he ) A cruell crime revenged cruellie . This tragick task , Monsier , in hand to take Mine eyes do melt in teares , mine heart strings crake , What! shall I speak of Priam King of Troy By Pyrrhus kild ? that cannot much annoy : Or shall I of brave Iulius Caesar tell , VVhom these two traitours did in Senat kill ? These may affect us with some small compassion , But for to speak of this is a tentation . Caesar for valour , learning and meek mind , And ah too much like Caesar in his end . Excusa moi , Monsier , mine heart 's so sorie , That I can tell you no more of this storie . VVhen I think with what gravitie and grace This tragedie was told , teares weet my face : And I do wish good Gall , thou were on live , That vvith Meonian stile thou mighst descrive Such memorable acts ; or else thy spirit In some nevv bodie plac'd , it to inherit : Ai me , this can not be , vvhich makes me cry , Gall , svveetest Gall , vvhat ailed thee to die ? The second Muse. BUt this sad melancholick disquisition Did not befit our Joviall disposition In these our dayes : Therefore vvhen we had mourned For this good King , vve to the tovvn returned , And there to cheere our hearts , and make us merrie , VVe kindely tasted of the noble berrie ; Melancholie and grief are great men-killers : Therefore from Tamarisk , with some capillars Infusde we drank ; for to preserve our splens From grief , our lungs from cough , and purge our reins . But this recept Gall did not keep alway , VVhich made him die , alace , before his day . Then home we vvent unto our beds to rest us , To morrovv againe vve to the fields addrest us ; And in my bed as I did dreaming ly , Me thought I heard vvith mightie voice , one cry Arise , Monsier , the day is vvondrous fair , Monsier arise , then ansvvered I , Who 's there ? Arise , Monsier , the third time did it call . VVho 's there ? Quoth I , It is I Master Gall. Then I avvoke , and found it so indeed ; Good morrovv Master Gall. Monsier , God speed . Good Master Gall , Dreames did me much molest This night , and almost rave me of my rest . Monsier , quoth Gall , What motion might that be ? Said I , I dream'd I vvas in archerie Outmatcht so far , that I was striken dumbe , For verie grief to be so overcome . Monsier , said he , That 's beene a mightie passion , That hath you striken dumb in such a fashion . A passion , so great , that I did sweat , My sinewes tremble , and my heart did beat . At length , respiring , these few words did speak , O noble heart , of force now must thou break ! For to these dayes was never in this land That did o'rcome this matchlesse maiden hand ; And dreaming , as I grudg'd with Master Gall , Incontinent a voice on me did call ; Arise Monsior , arise : then I awoke , And found it was Gals voice unto me spoke , Which made me doubt , if so could come to passe : Then answer'd Gall , although your bow were brasse , That might be done ; and I 'm the man will do it VVhat say you Gall ? Quod I , then let us to it . Foorthwith we drest us in our archer grath , And to the fields we came , like men in wrath : When we our nerves and tendons had extended , Incontinent our bowes were bravely bended ; The skie was wondrous cleer , Apollo fair Greatlie delighted to behold us there : And did disperse the clouds , that he might see What matchlesse skill we prov'd in archerie . The cristall river Phabus beames reflected ; As glad of us , them in our face directed : The flowrie plains , and mountains , all the while That we were shutting , meriely did smile . Meane while , for honours praise as we were swelting The sweat from of our brows and temples melting , Phaebus , as seeming to envie our skill , His quiver with some firie shafts did fill , And from his silver bow at us he darted These shafts , to make us faint and feeble hearted : Whose mightie force we could not well oppose , Vnder a shade we therefore did repose A pretie while , hard by a silver streame , Which did appear some melodie to frame . Running alongst the snow white pibble stones Mourning did murmure ioyes , commixt with moanes : A cup I had of Woodbind of the wall And drinking , said , This to you Master Gall. Quoth he , Monsier , sith that we have no better , With all mine heart I will you pledge in water : This brook alongst the flowrie plain meanders , And in a thousand compasses it wanders ; And as it softly slides so many wayes , It sweetlie sings as many rowndelayes , And , harmonie to keep , the honie bees Their trumpets sound amongst the flowres ; and trees Their shadowes from their shaggie tops down sending Did bow , in token of their homage rendring But in short while Phaebus his face withdrew ; Then freshly fell we to 't again of new , And kyth most skilfull , and most pleasant game , While to the lands of Loncartie we came . Then thus , quod I , Good Gall , I pray thee show , For cleerly all antiquities yee know , What meane these skonses , and these hollow trenches Throughout these fellow-fields , and yonder inches ? And these great heaps of stones , like Pyramids ? Doubtlesse all these yee know , that so much reads . These trenches be ( Gall answering , did reply ) Where these two armies Scots and Danes did ly Incamped , and these heaps the trophae's be , Rear'd in memoriall of that victorie , Admir'd unlook't for , conquest in that day , Be th' only vertue of a Hynds-man , Hay , And his two sons , from whence immortall praise He gain'd , and glory of his name did raise To all succeeding ages ; as is said Of Briareus an hundreth hands who had , Wherewith he fought , or rather as we see A valiant Sampson , whose activitie With his asse-bone kills thousands , or a Shangar With his oxe-goad kills hundreths in his anger : Even so , this war-like wight with oxens yoak Beats squadrons down by his undaunted stroke , And did regain the victorie , neere lost , Vnto the Scots , by his new gathered host Of fearfull fleers , in a wofull plight , By his incouragements infusing might Into their nerves , new spirits in their arters , To make them fight in bloud unto the garters , Against their hatefull foes , who for to be Did fight , more than for price or victorie . Such cruelties their bloudie hearts possest To have old quarrells on us Scots redrest , For utterly quail'd Pights , and for their own Armies by us so often overthrown . This worthie chieftains happie enterprise Which sav'd this countrie from the tyrannies Of cruell Danes , and his two Mars-like sons Do for all ages wear the quernall crowns , Like Thrasibulus ; ever bluming bayes Do adde much splendour to these worthie Hayes . And alwayes since they for their weapons weild Three rubrick targets in a silver shield . Which shield the soaring falcon doth sustaine , To signifie these three men did obteine The publick safetie , and the falcons flight By mounting , shews their worth ; by lighting , right Unto their lands ; for honours high regard : Which in all ages should have due reward . Like shall all finde , who loyall to the state And countries well do prove , though small or great : Men shall them praise , God shall preserve their stemmes , Immortall fame shall canonize their names . Thence forward went we unto Campsie-lin , From whence the river falling makes such din As Nilus Catadups : There so we sported It is impossible for to report it : Whither we walk't , or did we sit , or stand , Quiver was ty'd to side and bow in hand ; So that none thought us to be mortall wights But either Phoebus , or fair Phoebe's Knights . There we admir'd to see the Salmond leap , And overreach the waters mightie heap , Which from a mountain falls , so high , and steep , And tumbling down devals into the deep , Making the boyling waters to rebound , Like these great surges neere by Greenland found : Yet these small fish ov'rcome these watrie mountains , And kindely take them to their mother fountains , With what affection everie creature tenders The native soile ! Hence comes great Iove remembers His cradell Creet , and worthie more than he , Let th' idle Cretians at their pleasure ly , Even these most worthie Kings , of mightie race Come of great Fergus , long to see the face Of their deare Caledonia , whose soyle Doth make their kindelie hearts within them boyle , To view these fields where Martiall men of armes Great monuments have rear'd , with loud alarmes Of thundring trumpets , by a hundreth Kings And seven , one Queen ; what auncient Poet sings The like descent of Princes , who their crowns And scepters have bestow'd upon their sons Or neerest kinsmen ? Neither is it so That this continued line had never fo To interrupt the same , witnesse these standers That bear the Romane Eagle , great commanders Of most part of the glob , and cruell Danes Victorious elsewhere , but not in our plaines , Pights and old Britans ; more than these to tell , Who in the compasse of this Iland dwell But , praisde be God , Britaine is now combinde In faith and truth , one God , one King , one minde . Let scoffers say that neither wyne nor oyle ( Whose want stay'd conquest ) growes within this soyle : Yet if gold , pearle , or silver better be , As most men them account , it doth supplee : Yea things more needfull for mans use it yeelds , Heards , flocks , and cornes abound heere in our fields , Wilde beasts in forrests , of all kindes in plentie , Rare fowls , fruits , fishes , and what else is daintie ; Perpetuall fire ; to speak it in a word , The like no where is found , it doth afford . Thus providence divine hath it ordained , That humane commerce may be intertained , All soyls should have , yet none brings all things forth , Yea grounds most barren oft have greatest worth Contained in their bowels : this to tell us , Non omnia producit omnis tellus . Hence comes that men their gold for yron change , And so far from there native countries rainge , Their softest silk for coursest canvasse give , Because by commerce men do better live , Then by such things their native grounds forth measure , By traffike they do finde more gaine and pleasure : Yea things more simple much more usefull are , And for mans well more profitable far . Thus yron serves for all brave arts , much more Then gold , let Midas heap it up in store : And canvasse serves for ventrous navigation , Where silks are only for cloths green seek fashion , And though wyne glad the heart , yet stirres it strife , But graine the staffe is which sustaines our life : So humane fellowship to intertaine , Our fishes and our corners bring oile and wyne . But above all our soile throughout all parts Beares bravest Chiftans , with couragious hearts : These be the bar of conquest , and the wall , Which our most hatefull foes could never scall . Would you behold one Hanniball o'returne Fourscore of thousands ? looke to Bannokburne : Or would you see Xerxes his overthrow And flight by boat ? Edward the second know : Or Carthaginian towres with all their mights Destroy'd ? view Camelon with faithlesse Pights : Or would yee know great Castriot , whose bones Could Martiall vertue give , dig'd from the stones , Where he did buried ly ? take for that part The Brusse and Douglas , carrying his heart Through many lands , intending it to have Solemnly buried in the Holy-grave . This heart though dead , within their hearts begetting Brave hearts , 'gainst dangers their bold breasts outsetting . VVould you a King for zeale unto Gods house Like Israels David ? Our Saint David chuse . Or know King Iames the first , like Iulius Caesar , Or Gregorie like Alexander ; these are VVith many more the vvorthies , vvhose renovvn By martiall deeds have keeped close this crown . Yea more to speak of such heroick themes , VVho knoweth not the worthie great King Iames Of Britains union first ; whose vertues great VVere more than equall to his royall seat ; VVhose matchlesse wisedome , and most learned quill Did nectar and ambrosia distill , And ravisht with amazements all who heard him , But most for active prudence all admir'd him . Happie in all his life , whose worthie name A peaceable Augustus did proclaime . VVho conquered more by wit , than by the sword , And made all Europe muuh regard his word . And good King Charles the son of such a Father , Thrise happie by thy Virgine Crovvn ; yea rather More happie , if more happinesse can be , In earthly things , by thy high pedegrie ; But most of all by Heaven , vvhich hath appointed This maiden crovvn for thee , the Lords Anointed , The man of his right hand , and for thy seed , VVhich God mot blesse and all vvho shall proceed Forth of thy loines , and stablish in thy place So long as Sun and Moone shall run their race . Then reigne , great Charles , our nostrels svveetest breath , Long may thou reigne Defender of the Faith , Inthron'd among these vvorthie peerlesse pearles , And let all say , God save our good King Charles ; And deeply in his heart imprint that zeale , To make the lavv supreame the peoples vvell . VVhat shall vve speak of Martiall Chiftans more ? Of Gideons , and of Sampsons vve have store , VVhom God did raise , for to defend our state Miraculously , in times most desperate . VVhat braver Hector , or more brave Achilles In Greece , or Phrygia , than Sir William Wallace ? And Iohn the Grahame , his mate , and brother svvorn , VVhose living fame his name doth much adorn ? And if vve list this subject more to handle , What Governour like good Earle Thomas Randall ? Or doughtie Douglas vvith couragious heart , Whose name vvrought dreadfull terrour in each part ? But this heroick theme , so passing great , Impossible it is all to relate , Our worthie rulers even unto thir dayes They do not want their own deserved praise , Nor shall they for my part want due renown , Vertue t' advance , and vice to trample down . These be the wall of Gods own work and framing Against our foes , and of his own maintaining , Wherefore we blesse his holy Name that made us , And pray that never forraine scepter lead us , T' impose hard lawes , and tributaries make us , To chastise us with scorpions , and to rake us ; And likewise pray , that Ajax-like , we would not Undo our selves , which all our enemies could not . But O dear Caledonia ! What desire Have all men who have heard thy fame t' admire Thy monuments ? How much more these who be Thy sons , desire thy maiden soile to see ? Thy maiden castle , and fair Maiden burgh , The stately winged Citie , which is through All ages much renow'nd with streets so fair , And palaces so mounted in the air That if the deepnesse of imagination Could limme a landskape by deep meditation , Scarce could it match , where bravest youths abound , And gravest counsellours are alwayes found : Where Justice joineth hand with true Religion , And golden vertue keep the middle region , As register , where these acts are enrold , Better than in Corinthian brasse or gold . Let Poetaster-parasits , who fain , And fawn , and crouch , and coutch , and creep for gain , And , where no hope of gain is , huffe , and hur , And bark against the Moone as doth a Cur ; Let such base curs , who nought but gobbets smell , Wish the disgrac'd , and deeply sunk in hell Whether themselves do go ; yet shalt thou stand , And see them ruin'd all that thee withstand : God shall be-friend thy friends , and shall all those Aray with shame that causelesse be thy foes : Thou art this ancient Kingdomes bravest part , For wit and worth thou art its hand and heart , And who the Kingdomes compend brave would see Needs do no more but survey take of thee . Hence these desires fair Caledonias soile To view , where bravest stratagems with toile Have acted beene , hence comes these kindly wishes , To see these fields , even like these kindly fishes , Which we behold ov'rcome this mightie lin , And seeke the fountaines where they did begin . The third Muse. THus as wee did behold the Salmond sporting , Wee spyed some Countrie clowns to us resorting , Who striken were with suddain admiration To see us graithed in such antique fashion , Their stairing eyes grew blinde , their tongues were dumb , A chilling cold their senses did benumme . Said we , What moves you Ghosts to look so griesly ? They scarcely muttering , answered , and not wisely , Oft have we heard of such strange wights as yee , But to this time we did them never see , If yee be men or not , scarce can we tell , Yee looke like men , yet none such heere do dwell . Then said good Gall , Monsier , these fellowes stupid , Doubtlesse take me for Mars , and you for Cupid ; Therefore let us be gone , we will not tarie , Yon clownes will swear that they have seene the Farie When they come home at night , and by the fire Will tell such uncouth tales , all will admire , Both man and wife , the laddes and all the lasses , For be yee sure such clownes are verie asses . Thence downe the river bank as we did walk , And mirrielie began to chant and talk , A prettie boat with two oares we espy'd Fleeting upon the waters , then we cry'd , HOW boatman come ; two fisher men neerby Thus answered us againe , And who doth cry ? Said we , Good friends , to favour us delay not , The day is verie hot , and walk we may not , Therefore your kindly courtesie implores , To let us have these little pair of oares For down the river we would make our way , And land at Perth , With all our heart , said they , For we likewise at Perth would gladly be , Only we want such companie as yee . All men were glad of us , none did refuse What ever thing it pleasde us ask or chuse , Then we inbarked with two boyes in train , Who recollect our shafts , and these two men : As down the river did we softlie slide , The banks most sweetly smyld on other side : To see the flowres our hearts did much rejoice The banwort , dazie , and the fragrant rose ; Favonius in our faces sweetlie blew His breath , which did our fainting sprits renew . Then with Sicilian Muse can we dissemble Our secret flammes , making our voices tremble ; While as we sweetlie sung kinde Amaryllis , And did complaine of sowre-sweet lovely Phyllis , So sadly , that the Nymphs of woods and mountains , And these which haunt the plains and crystall fountains Bare-legged to the brawns , armes bare and brest , Like whitest evorie bare unto the waste , The lillies and the roses of their faces Running more pleasant made , their waveing tresses , VVell curled with the winde : all these drew nye The waters brink , in song to keep reply , Treading the flowres , VVhen Gall them so espy'd O! how he cast his eyes on either side . And wish't t' have smeld one flovvr , vvhere they had traced , Judge vvhat he vvould have given to have embraced . But chiefly Echo fettred vvas in love , At everie vvord vve spoke her tongue did move , Then did vve call , Svveet Nymph , pray thee dravv nye ? She ansvveering us most vvillingly , said , I Dravv neere said Gall , for gladlie vvould I please thee , Do not deny to heare me . She said ease thee , Then comesvveet Nymph , thy face faine vvould I knovv , She quickly ansvvering him againe , said , No. Why so , said he ? Heere is there no Narcissus . To this her old loves Name did answer , kisse us . Kisse us , said he , with all my heart , againe . This is the thing I would : she answered , Gaine : Gaine ! such a gaine , said he , I crave alway ; No countenance she shews , yet answers ay ; And bashfuly obscures her blushing face , Lest from Cephisus son she finde disgrace . But if that she had known Gals tender minde , She had not prov'd so bashfull and unkinde . When ended were our songs with perfite close , We thought it best to merrie be in prose ; Then seriously and truely to discourse , Of diverse maters grave , we fell by course , But chiefly of this blinde worlds practice bad , Preferring unto learning any trade . For these evill times hold not in such account Men learned , as the former ages wont : But if the worth of learning well they knew , Good Gall ( quoth I ) they would make much of you , In Poetrie so skild , and so well red In all antiquitie , what can be said Whereof you fluently can not discourse , Even like the current of this rivers course ? Things absent you can present make appear , And things far distant ; as if they were near , Things senselesse unto them give sense can yee , And make them touch , taste , smell , and heare , and see : What can not Poets do ? They life can give And after fatall stroke can make men live ; And if they please to change their tune or note , They 'le mak mens names on earth to stink and rote . Who did fixe Hercules amongst the stars ? And Diomedes for his wit in wars Made equall to the gods ? But odious For vice Thersites vile , and Sisyphus ? These were th' immortall muses , who do sing , As vice and vertue do their subjects bring , Therefore this counsell wisedome doth impart you , Flee filthie vice and intertaine fair vertue . Yet 't is not so that everie spirit fell Whose wicked tongue is set on fire of Hell , Nor everie Momus , nor Archilochus , Whose mouths do vomite venome poysonous , Hath inspiration of the sacred Muses , Such wickednesse th' Aonian band refuses : But he who vice most gravely censure can , And vertues praise advance in any man With perfect numbers , such one is a Poet , But in thir dayes , alace , few men do know it , Like my dear Gall : who gravely did reply A good Mecaenas lets not Poets die , Poets make men on gold wing'd fame to flie When lands with losse ; life chang'd with death shall be . As we thus talk'd our berge did sweetly passe By Scones fair pallace , sometimes Abbay was : Strange change indeed , yet is it no new guyse , Both spirituall lands and more to temporise . But pallace fair , which doth so richly stand , Where gardens , orchards , parks on either hand , VVhere flovvres , and fruits , the hart , and fallovv deere , For smell , for taste , for venison and cheere , The nose , the mouth , and palate vvhich may please , For gardine chambers for delight and ease , Damask't with porphyrie and alabaster , Thou art not subject for each Poetaster , But for a Poet , Master in his art , VVhich thee could vvhole descrive , and everie part , So to the life , as t'vvere in perspective , As readers that they see thee might beleeve . Meane vvhile our boat doth vvith the river slide The countrie Nymphs vvho in these parts abide , VVith many a shout moving both head and hand Did us invite , that vve vvould come a land . Not novv , said vve ; and think it not disdaine For vve do promise for to come againe , And view where some time stood your Cathedrall , And mount , which Omnis terra you do call . Just by this time we see the bridge of Tay O happie sight indeed , was it that day ; A bridge so stately , with elleven great arches , Joining the south and north , and commoun march is Unto them both , a bridge of squared stone , So great and fair ; which when I think upon , How in these dayes it did so proudly stand , Ov'rlooking both the river and the land ; So fair , so high , a bridge for many ages Most famous ; But alace , now through the rages Of furious swelling waters , thrown in deep , Mine heart for sorrow sobs , mine eyes do weep . And if my tongue should cease to cry and speak , Undoubtedlie my grief-swoln heart would break . But courage , Monsier , my good Genius sayes , Remember yee not how Gall in those dayes Did you comfort , lest melancholious fits Had you opprest , your spleen so neerelie sits , And told you in the yeer threescore thirteene The first down-fall this Bridge did ere sustaine , By ruine of three arches nixt the town , Yet were rebuilt . Thereafter were thrown down Five arches in the yeer fourescore and two , Reedified likewise , and who doth know Monsier , but ah , mine heart can scarcelie sober ! Even that great fall the fourteenth of October , Six hundred twentie one , repaird may bee , And I do wish the same that I might see : For Britaines Monarch vvill it sure repair , Courage therefore , Monsier , do not despare ; Is 't credible to bee believ'd or told , That these our Kings , who did possesse of old Scotland alone , should such a work erect And Britaines mightie Monarch it neglect ? Absurd it is to think , much more to speak it ; Therefore good Monsier yee do far mistake it ; For never had yee King vvas more inclinde To do great vvorks ; nor of a braver minde , Providing he can have due information , His vvord vvill prove of powerfull operation : For Kings are Gods on Earth , and all their actions Do represent th' Almighties great perfections . Thus Gals sweet words often do me comfort , And my good Genius truely doth report Them unto me , else sure my splene should wholly Be overcome with fits of melancholie ; Therefore I courage take , and hope to see A bridge yet built , although I aged be , More stately , firme , more sumptuous , and more fair , Then any former age could yet compare : Thus Gall assured me it would be so , And my good Genius truely doth it know : For what we do presage is not in grosse , For we be brethren of the Rosie Crosse ; VVe have the Mason word , and second sight , Things for to come we can foretell aright ; And shall we show what mysterie we meane , In fair acrosticks CAROLUS REX , is seene Describ'd upon that bridge , in perfect gold : By skilfull art ; this cleerelie we behold , With all the Scutcheon of great Britaines King , Which unto Perth most joyfull news shall bring , Loath would we be this mysterie to unfold But for King Charles his honour we are bold . And as our Boat most pleasantly did passe Upon the cristall river , clear as glasse , My dearest Gall , quoth I , long time I spend Revolving from beginning to the end All our records , yet searching can not finde First when this bridge was built ; therefore thy minde Faine would I know : for I am verie sorie Such things should be omitted in our storie . Monsier , said Gall , things many of that kinde To be omitted often do vve finde : Yea time hath also greatest vvorks destroyed , Wherein the learn'dest pennes have beene imployed . But if that I should tell what I do knovv , An ancient storie I could to you shovv , Which I have found in an old manuscript , But in our late records is overslipt , Which storie no lesse probable is , than true , And , my good Monsier , I vvill show it you . I leave to speak vvhat Hollinshed hath told Of Cunidag , vvas Britaine king of old , The time Vzziah was of Iuda king , And Ieroboam did ov'r Israel reigne , Ere Rome a citie was yeers fourtie five , Ere sons of Rhea did for masterie strive , Hovv that this Heathen built three cels of stone , To Mercurie at Bongor built he one , His vvay for to direct : then to Apollo At Cornuel another did he hallovv , For favourable response : the third to Mars , Where Perth novv stands , for to assist his wars . But good Monsier this storie is too old , Therefore I leave the rest of it untold , The time vvill not permit me to out-read it , I 'm sure in Hollinshed yee often read it . I will a storie of no lesse credite tell , In after ages truely what befell . When mightie Romaines came into this soile , With endlesse labour and undaunted toile , After great conflicts and uncertaine chance Of Fortunes dye , they did in armes advance , At length unto these parts where Perth doth stand Under the conduct and victorious hand Of that most valiant Chieftain of great fame Brave Iulius Agricola by Name . And there hard by a river side they found The fairest and most pleasant plot of ground , That since by bank of Tiber they had beene , The like for beautie seldome had they seene , Of eighteene hundreth paces good , in length , From Muretowne brays to foot of Carnaks strength , King of the Pights , which stood on Moredune hill , The foot thereof from Friers dwelt thereintill Now named is , in breadth eight hundreth paces , Painted with white , red , yellow flowrie faces , So equall fair ; which when they did espy , Incontinent they Campus Martius cry , And as an happie presage they had seene , They fixt their tents amidst that spatious greene , Right where now Perth doth stand , and cast their trenches Even where Perths fowsies are , between these inches , The south and north , and bastalies they make , The power and strength of Scots , and Pights to brake , Who presently would fight , by wise cunctation They frustrat all their hope and expectation : For well this most victorius Romaine knew T' abate his Enemies rage and courage too . Finding the place even to their hearts desire , With grasse for pasture stor'd , and wood for fire , The river likewise verie opportune For lighter vessels to passe up and downe , And correspondence with their Navie make , As Souldiers wise , they all occasions take , And do conclude to winter in that place , To foile their foes , by voluntarie chace . Meane while couragiously they do advise A bridge to build , for further enterprise , Then forthwith fall they with redoubling stroaks To fell the tall firre trees , and aged oaks ; Some square the timber with a stretched line , Some do the tenons , and the morties joine , Some frame an ovall , others make a cub , Some cut a section , other some do grub , Some with great compasse semicircles forme , Some drive the wadges , painfullie some worme , Some do hoyse up the standers , others fixe them ; And some lay goodly rafters ov'r betwixt them ; What strength or skill can work , from point to point They cunningly contrive with angular joint , And do most strongly binde these contignations , To make them stand against all inundations . All men are set on frame , all hands are working , And all ingines are bussied without irking . Thus in short space , a bridge they strongly make , With passage fair ; and for their safeties sake A mightie strength to be , they frame withall , On either end , a bridge to lift and fall , That souldiers might within it keep at ease , Admitting , or repelling , as they please Thus fortified , lest that they should neglect Due honour to their gods , they did erect To Mars a temple , rather did restore The temple built by Cunidag before : For time on all things worketh demolition , And heathen men maintaine like superstition . Then did this valiant chiftaine name the river In Italies remembrance Neo-Tiber . Which afterwards it kept for many a day , How long I know not , now it s called Tay. Likewise an house of mightie stone he framed , From whence our Castell-gavell , as yet is named . And , if Domitian had not cald him home , I think he should have built another Rome . But all these monuments were worne away Ere did King William Perths foundation lay , Only Mars temple stood upon that greene , And th' house built by Agricola was seene , And some characters cunningly incisde With Iulius Agricola imprisde In solid marmor , and some print was found , Where camped had an armie , and the ground Where there had beene a bridge : all which did yeeld Occasion to King William for to beild , After old Bertha's overthrow , that citie , These ancient walls , and famous bridge ; ah pitie If they were as ! But what doth not the rage Of men demolish and consuming age ? For good King William seeing where had beene Of old a passage , forthwith did ordaine A mightie bridge of squaired stone to be . These famous wals and fusies which we see , Perth his chief strength to make , and seat of power Did with most ample priviledge indue her . These be the first memorials of a bridge , Good Monsier , that we truely can alledge . Thus spake good Gall and I did much rejoice To heare him these antiquities disclose ; Which I remembring now , of force must cry , Gall , sweetest Gall , what ailed thee to die ? The fourth Muse. THis time our boat passing too nigh the land , The vvhirling streame did make her run on sand , Aluif , vve cry'd , but all in vain , t' abide , We were constrain'd , till flowing of the tide . Then Master Gall , quod I , even for my blessing Now let us go , the pretious pearles a fishing , Th' occasion serveth well , while heere we stay To catch these mussels , you call toyts of Tay : It 's possible , if no ill eye bewitch us We jewels finde , for all our dayes t' enrich us : The waters here are shald , and clear , and warme , To bath our armes and lims will do no harme , For these sweet streames have power to bring back Our spirits which in outward parts make slake Our naturall strength , but when these sprits retire They multiplie our heat and inbred fire , Helping our vitall , and our naturall parts , Our lungs , our levers , stomachs , and our hearts , And mightily refrigerat our reanes , But above all they do refresh our spleans . For such a bathing bravely doth expell Melancholie , which makes the splean toswell . More than it should , causing an atrophie , That we like skelets rather seeme to be Then men , and Atropos appears to laugh , Thinking we look liker an Epitaph , Then marriage song ; likewise it doth us make Both supper and collation freshly take . Content said Gall : Then off our shoes we drew , And hose , and from us we our doublets threw , Our shirt sleeves wreathing up , without more speeches , And high above our knees pulling our breeches , In waters go , then streight mine armes I reach Unto the ground , whence cleaverly I fetch Some of these living pearled shels , which do Excell in touching and in tasting too , As all who search do by experience try , And we oftimes ; therewith I lowdlie cry , Good Master Gall , behold I found a pearle , A Jewell , I assure you , for an Earle . Be silent , said good Gall , or speak at leasure , For men will cut your throat to get your treasure , If they its worth did know so well as I. Harpocrates my patience will try , Said I againe , for I am not like such Who hurd their treasure and their speach asmuch . But Gall , to stay long , no wayes could be mov'd This element , said he , I never lov'd . To land : on goeth our cloaths , alongst the way Then did we go , and taking cleare survey How proper Perth did stand , one might have drawn Its landship fair , on paper , or on lawn . Good Gall , said I , ofttimes I heard of old To be of truth these things ere while you told : But of these wals I doubt that which you said That good King William their foundations layd . Their founding is more late , I you assure ; That we from strangers rage may be secure , They builded were , even then when Iames did reigne The second , and in minor age was king , Vpon a bloodie slaughter , I hear tell , Which twixt our town and highland men befell ; For taking , as the custome was , a staig At Midsummer ; said Gall , Monsier , you vaig . Which word indeed my spleane almost did move : Then Gall , said I , if that I did not love You most intirely , I would be offended . Said he , good Monsier , Would you have it mended ? Then I that storie will you truely tell , And if I faile so much as in a spell , Speak all your pleasure , I my peace shall hold , An● grant my tongue in speaking was too bold : Therefore Monsier , be not so much annoy'd , These walls have oft been built , and oft destroy'd And stratagems of war have acted been , As worthie as the world hath heard or seene . By Sojours as good as the Earth hath born , This boldly to avow I dar be sworn : Englands first Edwards three can shew the same , And Scotlands Wallace , Bruce , and Stewarts fame , Whose prowes vvithin this Isle vvere not confin'd The Netherlands and France scarce them contain'd , Nor other parts of Europ , and it 's cleare What great exploits they bravelie acted heere , These stories are vvell known , I must not slack , For by and by the tide vvill call us back , When Edward Langshanks Scotland did surprise , The strengths first did he take , as Chiftaine vvise , But his cheif strength to keep both South and North Lovv-lands and high-lands on this side of Forth , Perth did he chuse , and stronglie fortifie With garisons of foot and chavalrie . And vvhat the former times could not outred In vvalls and fovvsies ; these accomplished . Thereafter vvorthie Wallace first expell'd them , And for to leave these vvals by force compell'd them . Whom after foughten vvas that fatall field VVofull Falkirk , envie did force to yeeld Up his governement ; to Perth then came , And in the Nobles presence quatte the same . Leanfac'd envie doth often bring a nation To civill discord , shame , and desolation . Such bitter fruit we found , all to confusion At once did run , was nothing but effusion Of guiltlesse bloud : Our enemies did take Our strengths again , and all things went to wrake , Such was our wofull state , unto the time The brave King , Robert Bruce , came to this clime , Most happily , yet small beginnings had : For many yeers before this land he fred From enemies rage , till wisely he at length By soft recoiling recollected strength ; Then came to Perth , and did the same besiege And take ; who through persuit and cruell rage Kil'd Scots , and English all were in it found , Brake down the walls , them equal'd to the ground . But after this victorious King did die , And brave Earle Thomas Randolf , by and by All things perplexed were , the Baliol proud With English forces both by land and floud In Scotland came , arrived at Kinghorne , And through the countrie mightily did sorne . Our Governours , the Earles of Merche and Marre Sufficient armies levying for warre This pride for to represse , did fixe their tents At Dupline camped Marre : mine heart it rents To tell the wofull event , in the night This Earle and all his hoste surprisde by sleight , Yee know the storie , all to death neer brought , The Englishmen on Scots such butcheries wrought . Thus Baliol proud to Perth did make his way , The city all secure ere break of day For to surprise , naked of walls and men , As pray most easie did obtaine , and then To fortifie the same , in haste , did call , Go cast the fousie , and repair the wall . The Earle of Merch , hearing the wofull chance , Incontinent his armie did advance To Perth , hoping the same he might regaine , Did straitly it besiege , but all in vaine , He forc'd was to reteir ; Baliol to Scone Then went , was crown'd , rather usurp'd the crown . By these fair Fortuns having gain'd a faction , Not for the countreyes peace , but for distraction Did overswey the ballance , none with reason Durst call the Baliols enterprise a treason , Because it had good successe ; so doth reele Th' inconstant course of giddie Fortunes wheele . Constant in changes of blindfolded chance . Meane while King David Bruce did flee to France As yet a child , his tender life to save From tyrannizing Baliols bloodie glave . Baliol install'd , in guarding leaves the town To some true traitours , not true to the crown . Hereafter Nobles and commons all combinde Whose kin wer kild at Dupline , in one minde Aveng'd to be , did come in awfull maner Unto the citie , with displayed banner ; And strongly it beseige three months and more , Till strong assault , and famine , urgeing sore , Forc'd them to yeeld , the traitours openly kild The wals were raz'd againe , and fousies fild . Yet Baliol once more did obtaine the same , And with new Fortunes much advance his name But who doth not finde Fortunes fickle chance ? Whom erewhile she so highly did advance To hold a scepter , and to weare a crown , Now tyrannizing proudly pesters down : King Edward came with fiftie thousand brave To Perth , the Baliol , lead as captiv'd slave . Trust not in Kings , nor Kingdomes , nor applause Of men , the World 's a sea that ebbes and flowes , A wheele that turnes , a reele that alwayes rokes A bait that overswallowed men choaks . Seditions rise againe , this Edward Windsore With greater forces came , and made a winde sore To blow through Scotland , minding a new conquest , Did all things overwhelme , even as a tempest Castles ov'rcome , strongly beligger Perth It take , rebuild her wals , all thrown to Earth , Upon the charges of sex Abacies , With bulwarks , rampiers , rounds , and bastilies Of squared stone , with towres and battlements , Houses for prospect , and such muniments , For strong defence , clouses and water fals , With passage fair to walk upon the wals , And spacious bounds within sojours to dreele , To merch , to string , to turne about , and wheele . These were the Abacies , Couper , Landores , Balmerinoch , Dumfermling , Saint Androes , And Aberbrotok ; who these works did frame , For merite , and for honour of their name : Such zeale had they , though blinde ; ah now a-dayes Much knowledge is profest , but zeale decayes . Thus was the citie strongly fortified , Till Robert the first Stuart first assayed With foure great armies , yet by force repell'd And after three months sage with grief compell'd To sound retreat , Douglas meane while in Tay Most happ'ly did arrive : then they assay To reinforce the charge , and with munition For batterie new prepard , and demolition , Most furiously assault , a month and more , Yet nothing could availe their endevoure , Untill the Earle of Rosse with new supplie Did fortifie the leaguer , and drew by The water , which the wall did compasse round , By secret conduits , and made dry the ground . Then after sharp assault , and much bloud spended , Bravely pursued , and no lesse well defended , Finding themselves too weak who were within More to resist , to parlie they begin , And treat of peace ; both parties jump in one , With bag and baggage that they should be gone , And so it was : The citie they surrender No English since hath been thereof commander . Read George Buchanane Boëce , Master Mair These histories they word for word declare . After this seige the wals some part thrown down But were not wholly razde , to keep the town In some good sort , readie for peace or war , If not a bulwark , yet some kinde of bar . Thus did they stand , untill these heighland men Amidst their furie kil'd a Citizen ; A Citizen to kill , an odious thing It then was thought ; no sacrifice condigne Could expiat the same , though now each knave Dar to account a citizen a slave ; No such conceat in all the World againe , As proudlie-poor such fondlings do maintaine . This suddaine slaughter made a great commotion , The Burgesses without further devotion As men with war inur'd , to armes do flie , Upon these Heigh-land men aveng'd to be , Which they performe , chaffed in minde as beares , And do persue them unto Hoghmansstaires ; In memorie of this fight it hath the name , For many men lay there , some dead , some lame , On which occasion they gan fortifie , And build these walls againe , as now we see ; Though not so brav'ly as they were before , For that did far surpasse their endevour , Yet some resemblance they do keep and fashion For they be builded neere the old foundation . These are the wals , Monsier , as I have shown , Which often have beene built , ofttimes down thrown With stratagems of war , fame hath renownd them , And if not Mars , yet martiall men did found them . But now , good Monsier , needs none more at all Them to destroy : they of themselves will fall . So said good Gall , and humbly begged leave For that offence so rashly he did give . Oh! if he were on life to say much more , For so he was disposde some times to roare . The fifth Muse. YEt bold attempt and dangerous , said I , Upon these kinde of men such chance to try By nature inhumaine , much given to blood , Wilde , fierce , and cruell , in a disperat mood . But no such danger , answer'd Master Gall , As fearfullie you deeme , was there at all : For Perth was then a citie made for war , Her men were souldiers all , and bold to dar Such motion attempt , a souldier keene The smallest outrage hardly can susteene . Many such stratagems declare I might , Which Perth hath acted in defence of right : How Ruthvens place , and Duplins , in one day Were burn'd , or battell of the bridge of Tay , With manly courage fought , where , kil'd were many , Vpon the day sacred to Magdalené , Five hundreth fourtie foure , for which she mournes , And many times her cristall teares she turnes In flouds of woes , remembring how these men Were justly by their own ambition slaine , Thinking to sack a town , some through despaire Did overleap the bridge , and perish there : Some borne on spears , by chance did swim a land . And some lay swelting in the slykie sand , Agruif lay some , others with eyes to skyes , These yeelding dying sobs , these mournfull cryes . Some by their fall were fixed on their spears , Some swatring in the floud the streame down bears , By chance some got a boat , What needs more words ? They make them oars of their two handed swords : Some doubting what to do , to leap or stay , Were trampled under foot as mirie clay ; Confusedly to fight and flee they thrimble , The shifring spears thurst through their bodies tremble , And strongly brangled in splents do quicklie flee , The glistring sword is changed in crimson dye ; To wrak they go ; even as the raging thunder , Rumbling and rolling roundly , breaks asunder A thick and dampish cloud , making a showre Of crystall gems , on Earths dry bosome powre , So broken was that cloud , the purpure bloud In drops distilling , rather as a floud , The dry and dustie ground doth warmely draine ; And dying bodies in their own blood staine , Or as the comets , or such meteors driven Or stars which do appear to fall from heaven : So tumbling headlong spears in hand they traile ; As firie dragons , seeme to have a taile ; Or Phaëton , or some sulphureous ball , So from the bridge in river do they fall . I pray the Gall , quoth I , that storie shovv Some things I heard of it , and more vvould knovv , Tell it I pray . No , no , Gall did reply , Lest I offend our neighbour tovvn neerby , When they shall hear hovv malice did provoke them , Ambition them guide and avarice choak them ; Thinking upon our spoyles triumph to make , And on th' occasion given our tovvn to vvrak , With full commission purchast for the same , T'intrude a Provest , else vvith svvord and flame All to destroy , given by the Cardinall , At vvhose devotion then vvas govern'd all : So in that morning soon by break of day The tovvn all silent did beset , then they To clim the bridge begin and port to skall , The chaines they break , and let the dravvbridge fall ; The little gate of purpose vvas left patent And all our Citizens in lanes vvere latent , None durst be seene , the enemies to allure Their ovvn destruction justlie to procure ; Thus entring th●ough , vvell straitly , one did call , All is our ovvne , Come fellovv-souldiers all , Advance your Lordlie pace ; take and destroy , Build up your Fortunes ; O vvith vvhat great joy These vvords vvere heard ! Then did they proudly step As men advanc'd on stilts , and cock their cap. With roulling eyes they looke , and hand in side Throwing their noses , snuffe , and with great pride Selflooking set their brawnes , themselves admire And doubting at their own hearts closely speare If it be they ; thus wondering do they pause A prettie while , anone they quickly loose With swifter pace ; and turning round , they move If there be any gazer to approve Their great conceat ; thus , inly fil'd with glie , They wish their wife or mistres might them see : Scorning Alcides , they his strength would try , And in their braine the World they do defie . With such brave thoughts they throng in through the port Thinking the play of Fortune bairnely sport , And as proud peacocks with their plumes do prank Alongst the bridge they merche in battell rank , Till they came to the gate with yron hands , Hard by where yet our Ladies chappell stands , Thinking to break these bars it made some hover , Too strong they were , therefore some did leap over , Some crept below , thus many passe in by them , And in their high conceat they do defie them . Forwards within the town a space they go , The passage then was strait , as well ye know , Made by a wall , having gain'd so much ground They can exult : Incontinent did sound A trumpet from a watchtowre ; then they start , And all their bloud doth strike into their heart ; A wondrous change ! even now the bravest fellows In their own fansies glasse , who came to quaile us The vitall sprits their artires do containe , Their panting hearts now scarcely can sustaine . Our souldiurrs then , who lying were a darning , By sound of trumpet having got a warning Do kyth , and give the charge ; to tell the rest Yee know it well , it needs not be exprest , Many to ground were born , great bloud was shed , He was the prettiest man that fastest fled . Yea happie had they been , if place had served To flee , then doubtlesse more had been preserved . Within these bars were kill'd above threescore Upon the bridge and waters many more . But most of all did perish in the chace , For they pursued were unto the place , Where all their baggage and their canon lay , Which to the town was brought as lawfull prey . What shall I more say ? if more you would have , I 'le speake of these three hundreth souldiours brave , Like these renown'd Lacedemonians , Couragious Thebans , valiant Thespians Resolv'd to die , led by Leonidas , Stop't Xerxes armie at Thermopylas . Such were these men who for Religions sake , A cord of hemp about their necks did take , Solemnly sworn , to yeeld their lives thereby , Or they the Gospels veritie deny : Quiting their houses , goods , and pleasures all , Resolv'd for any hazard might befall , Did passe forth of the town in armes to fight , And die , or they their libertie and light Should lose , and whosoever should presume To turn away that cord should be his doome . Hence of Saint Iohnstoun riband came the word In such a frequent use , when with a cord They threaten rogues ; though now all in contempt It speak , yet brave and resolute attempt , And full of courage , worthie imitation , Deserving of all ages commendation Made these men put it on , symbole to be , They readie were for Christ to do or die . For they were Martyrs all in their affection And like to Davids Worthies in their action ; Therefore this cord should have beene made a badge And signe of honour to the after age . Even as we see things in themselves despised , By such rare accidents are highlie prised , And in brave skutsheons honourablie born , With mottoes rare these symbols to adorn . Thus some have vermine , and such loathsome swarmes , Yet honourably borne are in their armes , And some have myce , some frogs , some filthie rats , And some have wolfs , and foxes ; some have cats ; Yet honourable respect in all his had , Though in themselves they loathsome be and bad , Thus Millaine glories in the bainfull viper , As none more honour misterie none deeper ; The auncient Gaules in toads , in lillies now Metamorphosde : The Phrygians in their sow . Athens their owle with th' Eagle will not barter , And Honi soit who thinks ill of the garter . What shall be said then of this rope or cord ? Although of all men it be now abhord , And spoke of in disdaine , their ignorance Hath made them so to speak , yet may it chance When they shall know the truth , they will speak better , And think of it as of a greater matter , And truely it esteeme an hundreth fold Of much more honour than a chaine of gold . Thus may you see Monsier , men of renown Of old time have possest this ancient town . And yet this may we boast , even to this day Men of good wit and worth do not decay ; For to this houre some footsteps still remaines Of such couragious hearts and cunning braines . Good Master Gall , quoth I , I know that well Whereof you speak , and clearly can it tell , For I did say these Men , being then of age Some twelue or threttene years , a prettie page , As easely you may guesse , and can you show Some partiall poynts whereof you nothing know . Nor are they written . Then answered Master Gall , A witnesse such as you is above all Exception , therefore show what you did see , Or heare , good Monsier , Your antiquitie Is of great credit : Master Gall , quoth I , Much did I see , and much more did I try : My Father was a man active , and wight In those dayes , and who helped for to fight The battell of the bridge : within few yeeres Thereafter was I borne , then all our quires And convents richly stood , which I did see With all their pomp ; but these things told to me First will I shew ; a storie of much ruth How that our Martyrs suffered for the truth Of Christs blest Gospell , on Pauls holy day Before the fight was of the bridge of Tay In that same yeere ; the sillie Governour Led by the craftie Cardinall , with power Held judgement on these men , and under trust Condemned them ; nothing their bloudie lust Could satiat : The Citizens made sure Their neighbours should nor losse nor skaith indure , Go to their homes , forthwith the Cardinall Causde lead them unto execution all . And from the Spey towre window did behold Doome execut , even as his Cleargie would : Which treacherous fact did so enrage the town , No credit more to black , white , nor gray gown After these dayes was given : Thus in the place Where malefactors end their wicked race , These innocents do make a blessed end , And unto God their sprits they recommend , In witnesse of the faith , for which they die , And by the Sprit of truth did prophesie These vvords , looking and pointing vvith the hand Tovvards our Monasteries , vvhich then did stand Most sumptuously adorn'd vvith steples , bels , Church ornaments , and vvhat belongeth else , " These foxes which do lurke within these holes , " Delighting in the earth like blinded moles , " Drown'd in their lusts , and swimming in their pleasures " Whose God their belly , whose chief joy their treasures ; " Who caused have our death , shall hunded be " Forth of these dens , some present heere shall see " The same ere it be long , then shall yee say , " Its for Gods truth that we have dyed this day . " And all these sumptuous buildings shall be cast " Down to the earth , made desolat , and wast : " This to performe Gods zeale shall eat men up , " To fill the double potion in their cup : " The apples then of pleasure , which they loved " And lusted after , shall be all removed . " Yea scarcely shall they finde a hole to hide " Their heads ( thus by the Sprite they testified . ) " And in that day true Pastours shall the Lord " Raise up to feed his flock , with his pure word , " And make Christs people by peculiar choice " Dignosce the sheepheards from the hyrelings voice . Which as they did foretell did come to passe Some sixteene yeeres or thereby , more or lesse , Thus with cleare signes , by Gods own Sprit exprest , In full assurance of heavens blesse they rest . Meane while Saint Catharins Chaplan standing by , Wringing his eyes and hands , did often cry , Alace , alace , for this unhappie turn , I feare for it one day we shall all mourn , And that by all it shall be plainlie said , That we blind guides the blinded long have led ; Some Churchmen there , bad pack him heretick , Else certainelie they should cause burne him quicke , This done , friends take their bodies and with mourning Do carie them towards the town , returning With heavie hearts , them to this chappell bring , But no Soule Masse nor Dirigé durst sing . Yet this good Priest did lay them on the altar , And all night read the pistle , and the psalter , With heart devote , and sad ; from th' evening vapers , Placing upon the altar burning tapers Unto the dawning : exequies thus ended . Their bodies to the Earth are recommended . This Chapell some time stood by our theater , Where I my self sprinkled with holie water , After these dayes did often heare the Messe Albeit I knew not what it did expresse , But this I saw , a man with a shaven crown , Raz'd beard , and lips , who look't like a baboun , Perfum'd with odours , and in Priestlie vestures , Did act this mimik toy with thousand gestures ; A misterie indeed , nor which no fable Acted on stage to make you laugh more able . After these innocents were martyred thus As you have heard , Churchmen were odious , And , when occasion serv'd , so did they finde , For , so soone as did blow a contrare winde , The houre was come , and then our Knox did sound , Pull down their idols , throw them to the ground . The multitude , even as a spear , did rush then In poulder beat ; and cald them all Nehushtan . Our blak Friers Church and place , white friers , and gray Prophan'd , and cast to ground were in one day . The Charterhouse like a Citadale did hold Some tvvo dayes more , untill these nevves vvere told We should be raz'd and sackt , and brought to ground , Not so much as a footstep should be found Where vvas such citie ; neither sexe , nor age Should saved be , untill the cruell rage Of fire and svvord should satiat that moud , Quenching the fire vvith Citizens ovvne bloud And vvith destructions besome svveep from station , And savv vvith sault ; perpetuall desolation To signifie : These nevves made great commotion , The fearfull people ran to their devotion : Doctrine and prayers done , chief men advise , To take in hand first vvhat great enterprise . Said one , This place hard by our tovvn doth stand A mightie strength , vvhich easely may command , And vvrake our citie , therefore let us go In time , and to the ground it overthrovv , For sure our Enemies vvill possesse the same , And us from thence destroy vvith svvord and flame , Even at their pleasure . Then they all conclude In armes to rise ; and rushing as a floud VVhich overflovves the banks , and headlongs hurles The strongest bulvvarks vvith devouring vvhirles , Svvallovving the mightie ships them overvvhelme , Nothing availes his skill that guides the helme ; Even so the multitude in armes arise VVith noise confusde of mirth and mourning cryes For that fair Palace , then sexscore nine yeeres VVhich had continued ; turning of the spheres The fatall period brought , to ground it must , And all its pomp and riches turne to dust . Even as these Martyrs truelie did foretell In everie point the judgement so befell . Towres fall to ground , Monks flee to hide their heads , Nothing availe their rosaries and beads ; Then all men cry'd , Raze raze , the time is come , Avenge the guiltlesse bloud , and give the doome . Courage to give was mightilie then blown Saint Iohnstons huntsup , since most famous known By all Musitians , when they sweetlie sing With heavenly voice , and well concording string . O how they bend their backs and fingers tirle ! Moving their quivering heads their brains do whirle With diverse moods ; and as with uncouth rapture Transported , so doth shake their bodies structure : Their eyes do reele , heads , armes , and shoulders move : Feet , legs , and hands and all their parts approve That heavenlie harmonie : while as they threw Their browes , O mightie straine ! that 's brave ! they shew Great phantasie ; quivering a brief some while , With full consent they close , then give a smile , With bowing bodie , and with bending knee , Me think I heare God save the Companie . But harmonie which heavens and earth doth please Could not our Enemies furious rage appease ; Cruell Erinnis reignes destruction shoring , Ten thousand souldiours like vvilde Lyons roaring Against our tovvn do merch , fame desolation Proclaimes ; the church then nam'd the Congregation Makes for defence : But ah the Burghs distractions ! Papists and Protestants make diverse factions ; The town to hold impossible they finde , The fields to take they purpose in their minde , Factions within , munition , victuall scarce , Hardly to hold eight dayes they finde by search . Amids these doubts these valiant fellowes come In armes aray'd , and beatting of the drum , With coards about their necks , Come , come , they cry , We be the men who are resolv'd to die . First in this quarrell ; we to death will fight , So long as courage will afford us might , And who so yeeldes alive , this tow portends Streight must he hing where did our dearest friends Who suffered for the truth , nothing we skunner , This certainlie we count our chiefest honour . Thus as Manasses half tribe , Ruben , Gad Do leave their cattell , and mount Gilead , Before their brethren over Iordan go , In armes to fight against their cursed fo ; So these three hundred do abandon quite Their citie , houses , goods , and chief delite , Resolv'd to die all for the Gospels light , Armed before their brethren merch to fight ; And having gain'd a place meet to abide , Their enemies to resist , courage they cride , Be merrie fellowes all , leave sad complaints , Dine cheerefullie , for sup we shall with Saints . Fame spreads the brave attempt , all martiall hearts Inflam'd with divine zeale flock to these parts From places most remote , in armes they rise T' assist the matchlesse happie enterprise . God giveth hearts to Men , and mightiest things By weakest meanes he to confusion brings : Our enemies ears are fild that all our feare Was into courage turned from despare ; Their fierie rage is quencht , their hearts do faile , Where God forsakes nought doth mans strength availe . Then what their open force could not work out , By sleight they endevour to bring about , They treat of peace : peace flees with joyfull wings , But under it was hatcht most lewd designes When time should serve : But he whose thought doth rule This Worlds great frame their madnesse did controule ; And gratiouslie through his aboundant pitie Preserv'd our Innocents , and sav'd our citie . ( ded When by small means they found themselves confoun - Even to their verie heart roots were they wounded : Then they began to raile , and shew their passion , Saying , Such riband's meet for such profession . And in contempt , when any rogue thy see , They say , Saint Iohnstouns Ribands meet for thee . Or any fellow resolute in minde For some great act , this riband fit they finde For such a one , Thus time made all men use This word , and ignorance through time t' abuse , For everie bad conceat , which for Religion VVas stoutlie undertaken in thsi region : VVhich I did see , and heare , and well do know , And for your life the paralel me show In all the World ; except Leonidas The rest , without a third I overpasse . Thus our Saint Iohnstons riband took the name Whereof we have no reason to think shame . Our Shipper heerwith cald , HOW , turn aback , The waters flow , and tide doth quickly make , Therefore of this to speak more was no leasure , For winde and tide ( you know ) stay no mans pleasure . With post haste to our bearge we make our way , The day far spent , longer we might not stay ; Our ship now fairlie fleeting comes a land , Two skilfull rowers take the oares in hand We reembarked , down the river slide , Which was most pleasant with the flowing tide , The bridge drawes nigh where contrare streams do run , Take heed shipper , said we , these dangers shun , The whirling streame will make our boat to cowp , Therefore let 's passe the bridge by Wallace loup . Which when we did behold , 'mongst other things We much admir'd who lent his feet such wings : Empedocles may leap in Aetna burning , In Tiber leap may Cocles home returning , The one burnes in flame , th' other falls in flood But Wallace overleaping makes all good . When we these Heaven-like arches had survey'd VVe admird in th' air these hinging stones what stay'd . Then thus said Gall ; these on their centers stay , As on their bases fixt , and all their sway They presse toward the same , a wondrous thing , Albeit the Center in the air doth hing , Yea diverse circles sections diverse wayes Tend to their proper centers , as their stayes ; So these two sections do conjoine in one , To make the arch , and finisht in a cone , As everie peace these bowing arches bends , It rightlie pointing to the center tends . So heavens respect the earth , and all their powers Together in her bosome strongly powres , VVhich is their center , roote , and sure pedestall The stedfast base whereon this VVorld doth rest all . Thus mans ingine Gods works doth imitate And skilfull Art doth nature emulat . As Archimedes in a sphere of glasse The worlds great fabrick lively did expresse , VVith all the stars fixt in the azure heaven , And all the motions of the wandring seven , Moving about a fixed point or center , Observing houres , dayes , months , summer , and winter . Even so the arches of this bridge proclaime , And shew the building of the starrie frame : But now all lost , needs Archimedes skill , Oh if it were supplied by Master Mylne ! Thus having past the bridge , our oares we bend To shore , so this day voyage made an end . The sixth Muse. AS we arrived at our Ladies steps , Incontinent all men reverst their capes , Bidding us welcome home , and joining hand , They ask from whence we came , and from what land ? Said we , Some curious catching everie winde Do run through sea and land to either Inde , And compassing the glob , in circuit role , Some new found lands to search beneath each pole , Or Memphis , wonders , or the Pharian tower , Or walls which shew the Babylonian power ; Or hung in th' air the Mausolean frame , Or statelie ' temple of the Trivian dame , The Rhodian Colossus , and the grove , Where stood the statue of Olympian Iove , With endlesse toile and labour passe to see , Or if in all this world more wonders be , They search the same , and so they stoutlie boast , Yet both themselves and paines are oft times lost : For going men , if they return perhaps , Strange change , in swine transformed are their shaps : Albeit some , though rare , who go from hence , Returne , like him of Ithaca was Prince : But we , more safely passing all alongs , Are not bewitched with such Syren songs . In little much , well traveld in short ground Do search what wonders in the world are found ; Treading these mountains , and these pleasant valleyes , Elisian fields had never braver allies Then we imagine , and for wonders rare More than the Carian tombe which hings in air Do we conceave . Of travels let them talk , We in the works of learned men do walk And painfully their learned paths do tread , For sure he 's traveld far who is well read Yea who so views my Cabinets rich store , Is traveld through the world , and some part more . Let this suffice we travell to content us , And of our travels think nev'r to repent us , Yea in our Muses , we do travell more Than they that coast and sound the Indian shore . Yet think not so brave travels we condemne , If with safe conscience we may use the same ; Nor do we speak voide of experience , For both of us have traveld been in France , And France for all , and if that will not ease you We think then all this world will never please you . Then went we home to get some recreation , But by and by befell a new tentation : Our neighbour archers our good sport envying , A challenge to us sent , our patience trying , And did provoke us , if we shut for gold , Or honours praise , betimes , to morrow would : Or for our mistres if we had a minde , Doubtlesse , said Gall , thereto vve are inclinde : But for the present vve have taken in hand To vievv our fields by river and by land ; Boast not therefore , for nothing vvill disheart us , Nor from our present progresse vvill divert us . But of our journey having made an end , Our lives in such brave quarrell vvill vve spend . This ansvvere vvhen they heard , they did compeer VVith ardent hearts some further nevves to speer , And vvhat brave sport vve found , vvhat pastime rare ? Forthvvith in loftie verse Gall to declare Began , his breast vvhen Phoebus once did vvarme , Their ears and hearts , his heavenly voice did charme , And I to keep a consort vvith full voice , As fell by turn , did make them all rejoice VVith svveetest rimes ; for both of us inclinde , Even as Democritus did truely minde Of Poets all , vvhen once that sacred fire VVith divine furie did our breasts inspire . And thus vvith heavenlie rapture , as transported That vvhole dayes journey Gall to them reported , Till Hesperus appeard , and in despight Of heavens vvhich hearkned , forc'd to bid good night . VVhich vvhen I call to minde , it makes me cry Gall , svveetest Gall , vvhat ailed the to die ? The night vvas short , Phoebus did touch the line VVhere cruked Cancer makes him to decline , No sleep could close mine eyes , but wake must I , Till fair Aurora did inlight the sky . Then up I got , and where good Gall did ly , With mightie voice and chanting did I cry , Good Master Gall , arise , you sleep too long With Hey the day now dawnes , so was my song , The day now dawnes , Arise good Master Gall , Who answering said , Monsier , I heare you call : And up he got . Then to our bearge we go , To answer us our boatman wondrous slow , When we did call , thrise lifting up his head , Thrise to the ground did fall againe as dead . But him to raise , I sung Hay the day dawnes ; The drowsie Fellow wakning , gaunts , and yawnes ; But getting up at last , and with a blow Raising his fellow , bad him quickly row . Then merrielie we leanche into the deep , Phoebus meane while awakned rose from sleep , At his appointed houre , the pleasant morning . With guilded beames the cristall streames adorning : The pearled dew on tender grasse did hing , And heavenly quires of birds did sweetlie sing : Down by the sweet south inche we sliding go , Ten thousand dangling diamonds did show The radiant repercussion of Sols rayes And spreading flowres did looke like Argoes eyes . Then did we talk of citie toiles and cares , Thrice happie counting him shuns these affaires , And with us have delight these fields to haunt Some pastorall or sonnet sweet to chant . And view from far th'ambitions of this age , Turning the helmes of states , and in their rage Make shipwrake of the same on shelfs and sands , Running be lawles lawes and hard commands , And often drown themselves in flouds of woes , As many shipwraks of this kinde well showes . We passe our time upon the forked mountain , And drink the cristall waters of the fountain . Dig'd by the winged horse ; we sing the trees The cornes , and flocks , and labours of the bees ; Of sheepheard lads , and lasses homelie love , And some time straine our oaten pipe above That mean : we sing of Hero and Leander Yea Mars , all cled in steel ; and Alexander . But Cynthius us pulling by the ear Did warning give , to keep a lower air , But keep what air we will , who can well say That he himself preserve from shipwrake may ? In stormie seas , while as the ship doth reele Of publick state , the meanest boy may feele Shipwrack , as well as he the helme who guides , When seas do rage with winds and contrare tides . Which : ah too true I found , upon an ore Not long ago , while as I swim'd to shore , Witnesse my drenshed cloaths , as you did see , Which I to Neptune gave in votarie And signe of safetie . Answered Master Gall , Monsier , your table hung on Neptunes wall Did all your losse so livelie point to me , That I did mourne , poore soul , when I did see . But you may know in stormes , thus goeth the mater , No fish doth sip in troubled seas clean water . Courage therefore , that cloud is overgone , Therefore as we were wont , let us sing on . For in this morning sounded in mine ear The sweetest musick ever I did hear In all my life , good Master Gall , quod I You to awake , I sung so merrielie . Monsier , quoth he , I pray thee ease my spleane , And let me heare that Musick once againe . With Hay the day now dawnes , then up I got , And did advance my voice to Elaes note , I did so sweetlie flat and sharply sing , While I made all the rocks with Echoes ring . Meane while our boat , by Freertown hole doth slide , Our course not stopped with the flowing tide , We ned nor card , nor crostaffe for our Pole , But from thence landing clam the Dragon hole , With crampets on our feet , and clubs in hand , Where it s recorded Iamie Keddie fand A stone inchanted , like to Gyges ring , Which made him disappear , a wondrous thing , If it had been his hap to have retaind it , But loosing it , againe could never finde it : VVithin this cove ofttimes did we repose As being sundred from the citie woes . From thence we , passing by the Windie gowle , Did make the hollow rocks with echoes yow le ; And all alongst the mountains of Kinnoule , VVhere did we shut at many foxe and fowle . Kinnoule , so famous in the dayes of old ! Where stood a castle and a stately hold Of great antiquity , by brink of Tay Woods were above , beneath fair medowes lay In prospect proper Perth , with all her graces , Fair plantings , spatious greens , religious places , Though now defac'd through age , and rage of men , Within this place a Ladie did remaine Of great experience , who likewise knew By sprite of prophecie , what should ensue , Who saw wight Wallace , and brave Bruce on live , And both their manhoods lively did descrive Unto that noble Prince , first of that name , Worthie King Iames , who hearing of her fame , Went to her house , these histories to learne , When as for age her eyes could scarce discerne . This Ladie did foretell of many things Of Britaines unioun under Scotish Kings , And after ending of our civill feeds , Our speares in syths ; our swords should turn in speads , In signe whereof there should arise a Knight Sprung of the bloodie yoak , who should of right Possesse these lands , which she then held in fea , VVho for his worth and matchlesse loyaltie Unto his Prince , should greatly be renownd And of these lands instyl'd , and Earle be crownd ; VVhose son in spight of Tay , should joine these lands Firmely by stone on either side vvhich stands , Thence to the top of Law Tay did vve hye , From vvhence the countrie round about vve spy , And from the airie Mountaine looking down , Beheld the stance and figure of our town , Quadrat with longer sides , from east to wast , Whose streets , wals , fowsies in our eyes did cast A prettie shew : Then gan I to declare VVhere our old Monastries , with Churches fair Sometime did stand , placed at everie corner VVas one , which with great beautie did adorne her , The Charterhouse toward the southvvest stood , And at South-east the Friers , who weare gray hood . Toward the North the BlackFriers Church did stand ; And Carmelits upon the VVesterne hand ; VVith many chappels standing heere and there And steeples fairly mounted in the air , Our Ladies Church , Saint Catharins , and Saint Paules , VVhere many a messe was sung for defunct souls . The chappell of the rood , and sweet Saint Anne , And Lorets chappell , from Romes Vaticane Transported hither , for a time took sasing , ( You know the Cloister monkes write nev'r a leasing . ) For what offence I know not , or disdaine , But that same chappell borne hence is againe , For it appeares no more , look who so list , Or else I 'm sure it s covered with a mist Saint Leonards cloister , mourning Magdolené , VVhose cristall Fountaine flowes like Hippocrené . Saint Iohnes fair church , as yet in mids did stand : A braver sight vvas not in all this land Than vvas that tovvn , vvhen thus it stood decord As not a fevv , yet living , can record . And to be short , for this we may not tarie on , Of that old town this nought is but the carion . Monsier , said Gall , that for a truth I know These Kirks and Cloisters made a goodly show ; But this as truely I dar well alleadge , These Kirkmen usde the greatest cousenage That ev'r was seene or heard . Good Gall , quoth I , How can that be ? Monsier , if you will try , Too much true shall you finde . Pray thee , good Gall , Your speach to me seemes paradoxicall ; Therefore I would it know : Monsier , quoth he , And shall I show what such Idolatrie Hath brought upon that town ? The many closters VVhere fed there was so many idle fosters , Monks , Priests , and Friers , and multitude of Patrons , Erected in their queires ; th' old wifes and matrons Gave great head to these things , which they did say , And made their horned husbands to obey ; And mortifie so much unto this Saint , And unto that , though they themselves should want ▪ Yea twentie Saincts about one tenement , Each one of them to have an yeerlie rent , And all to pray for one poore wretched soul , VVhich Purgatorie fire so fierce should thole . So these annuities , yeerelie taxations , Are causes of these wofull desolations VVhich we behold . The ground of all these evils , VVhat to these Saincts they gave , was given to Divels . God made them Saincts , men set them in Gods stead , Gave them Gods honour ; so them idols made : Thus Satan served is ; what men allow On idols in his Name ; to him they do : And now these Friers destroyers may be seene , And wracks of that cities the cause have been : For none dare buy the smallest peace of ground , So many annuel rents thereon are found , And if he build thereon , doubtlesse he shall Spend in long suits of Law his moyen all . If some good salve cure not this sore , I fear It shall be said , some time a town was there . Good Gall , said I , some melancholious fit Molests your Joviall sprite , and pregnat vvit , I vvould some Venus-heir might cure your sadnesse ; Repell your sorrovves , and repleage your gladnesse : Therefore I 'le quickelie go a herbarising To cure that melancholik mood by snising . Herevvith vve turne our pace , and dovvn againe Passe by the Windie gowle , unto the plaine ; And herbarising there a prettie vvhile , Galls lustie face blithly began to smile : Guesse then hovv blith vvas I , if I had found ( I vvould not been so blith ) a thousand pound . Thus recreat , to boat againe vve go , And dovvn the river smothly do vve rovv , Neerby Kinfaunes , vvhich famous Longoveil Sometime did hold ; vvhose auncient svvord of steele Remaines unto this day , and of that land Is chiefest evident ; on th' other hand Elcho and Elcho park , vvhere Wallace haunted , A sure refuge , vvhen Englishmen he daunted ; And Elcho . nunrie , vvhere the holy sisters Suppli'd vvere by the Fratres in their misters . By Sleeplesse Isle vve rovv , vvhich our good Kings Gave to our tovvn vvith many better things . Before there vvas in that neere neighbouring station , Or Frier or Nun to set there their foundation . On th' other side vve lookt unto Balthyok VVhere many peacock cals upon his mayok . Megeance fair place , and Errols pleasant seat , VVith many more , vvhich long vvere to relate . Right over against is that vvood Earnside , And fort vvhere Wallace ofttimes did reside : While vve beheld all these , the tide did flovv , A lie the rudder goes ; about vve rovv , Up to the tovvn again vve make our course , Svveetly convoy'd vvith Tayes reflovving source . There vve beheld vvhere Wallace ship vvas drovvnd , VVhich he brought out of France , vvhose bottome found VVas not long since , by Master Dickesons art , That rare ingeniour , skild in everie part Of Mathemathick ; Quoth I , Master Gall , I marvell our records nothing at all Do mention Wallace going into France , Hovv that can be forgote I greatlie scance , For vvell I knovv all Gasconie and Guien Do hold that Wallace vvas a mightie Gian , Even to this day ; in Rochel likevvise found A Tovvre from Wallace name greatly renovvnd . Yea Longoveils antiquities , vvhich there We do behold , this truely do declare That Wallace was in France ; for after that The publick place of government he quat , Were full four yeeres and more , before he shed His dearest bloud , ah dearest truelie said : And think you then that such a martiall heart Yeelding his place , would sojourne in this part , And lazely ly loytring in some hole ? That any so should think I hardlie thole ; Therefore I grieve our men should have forgotten Themselves , and left so brave a point unwritten ; Or should it contradict , there being so many Good reasons for this truth , as is for any . Monsier , said he , that 's not a thing to grieve at , For they did write his publick life , not privat : For sure it is , after his publick charge Grief made him go to France , his spirit t' enlarge , His noble Sprite , that thraldome suffered never , For he to libertie aspired ever ; And turning home , his ship causde sunken be , To stop the rivers passage , that from sea No English ship should come Perth to releave , For any chance of war Fortune could give . But now this ship , which so long time before In waters lay , is fairlie haild a shoare ; What cannot skill by Mathematick move ? As would appeare things Natures reach above . Up by the Willow gate we make our way ; With flowing waters pleasant then was Tay. The town appeares ; the great and strong Spey towre , And Monks towre , builded round ; a wall of power Extending twixt the two , thence goeth a snout Of great squair stones , which turnes the streames about ; Two ports with double wals ; on either hand Are fowsies deep , where gorged waters stand , And flow even as you list : but over all The Palace kythes , may nam'd be Perths Whithall . With orchards , like these of Hesperides But who shall shew the Ephemerides Of these things , which sometimes adornd that Citie ? That they should all be lost , it were great pitie . Whose antique monuments are a great deale more Than any inward riches , pomp or store ; And priviledges would you truely know ? Far more indeed , than I can truelie show ; Such were our Kings good wills , for to declare What pleasure and contentment they had there : But of all priviledges this is the bravest , King Iames the Sixth was Burges made and Provest ; And gave his Burges oath , and did inrole With his own hand within the Burges scrole And Gildrie Book his deare and worthie Name , Which doth remaine to Perths perpetuall fame , And that Kings glorie , thus was his gratious pleasure Of his most loving heart to shew the treasure ; Writing beneath his Name these words most nervous , Parcere subjectis , & debellare superbos . That is , It is the Lyons great renown To spare the humble , and proudlings pester down . Which extant with his own hand you may see : And , as inspir'd , thus did he prophesie , VVhat will you say , if this shall come to hand , Perths Provest Londons Major shall command . VVhich words , when we did hear , we much admir'd , And everie one of us often inquir'd What these could meane ? Some said , he meand such one , That London , yea all England like had none , Some said , he mindes his dignitie and place ; Others his gifts of Nature , and of Grace . All which were true indeed , yet none could say , He mean'd that Englands scepter he should swey , Till that it came to passe some few yeeres after , Then hearts with joy , and mouths were fild with laughter : Happie King Iames the sixth , so may I say , For I a man most Joviall was that day , And had good reason , when I kist that hand , VVhich afterwards all Britaine did command . Monsier , said Gall , I sweare you had good reason Most glad to be that day : for you of treason Assoylied was , of your unhappie chief : Pray thee good Gall , quod I , move not my grief . Said Gall , Monsier , That point I will not touch , They 'l tine their coales that burnes you for a witch . A witch , good Gall , quod I , I will be sworne , VVitchcraft's the thing that I could never learne ; Yea Master Gall , I swear that I had rather Ten thousand Chiefs been kill'd , or had my Father , The King is Pater patriae , a chief Oft times is borne for all his kinnes mischief . And more , I know was never heart , nor hand Did prosper , which that King did ev'r vvithstand . Therefore good Gall , I pray thee let that passe , That happie King knew well what man I was . While we thus talk , our boat drawes nie the shoare , Our fellowes all for joy begin to roare When they us see . and lowdly thus gan call , Welcome , good Monsier , welcome Master Gall ; Come , come a land , and let us merrie be , For as your boat most happilie we did see , Incontinent we bargaind to and fro , Some said , It was your Berge , and some said , No : But we have gaind the prise , and pleadges all , Therefore come Monsier , come good Master Gall ; And let us merrie be , while these may last ; Till all be spent we think to take no rest . And so it was , no sleep came in our head , Till fair Aurora left Tithonus bed . Above all things so was good Gals desire , VVho of good companie could never tire , VVhich when I call to minde , it makes me cry , Gall , sweetest Gall , what ailed thee to die ? The seventh Muse. UP springs the Sun , the day is cleer , and fair , Etesiae , sweetlie breathing , cools the air ; Then coming to my Cabin in a band , Each man of us a Gabion hints in hand . Where me their Sergeant Major they elected , At my command that day to be directed . What prettie captaine's yone ( so said some wenches ) Ladies , quoth I , Men are not met by inches . The Macedonian Monarch was call'd great , Not from his Bodies quantitie , but state And Martiall prowesse , good Ladies then to heart you , You shall well know that talenesse is no vertue . Thus merche we all alongs unto Moncreiff Where dwells that worthie Knight , the famous chief Of all that auncient name : And passing by Three trees sprung of one root we did espy : Which when we did behold , said Master Gall. Monsier , behold these trees , so great and tall Sprung of one root , which all Men Brethren name , The symbole which true concord doth proclame . O happie presage , where such trees do grow , These Brethren three the threefold Gerion show , Invincible , remaining in one minde , Three hearts as in one Body fast combinde , Scilurus bundell knit , doth whole abide , But easily is broke , when once unty'd . So these three trees do symbolize most cleerly ; The amitie of hearts and mindes , inteirly Kythes in that happie race , and doth presage To it more happinesse in after age ; Loves sweetest knot , which three in one doth bring That budding gemme shall make more flourishing Fair Brethren Trees , and sith so is your Name , Be still the badge of concord , and proclaime All health and wealth , unto that happie race , Where grace and vertue mutually embrace . To Moncrief easterne , then to Wallace-town To Fingask of Dundas , thence passing down Unto the Rynd , as Martiall Men , we faire . What life Mans heart could wish more void of care ? Passing the river Earne , on th' other side , Dreilling our Sojours , Vulgars were affraide . Thence to the Pights great Metropolitan , Where stands a steeple , the like in all Britaine Not to be found againe , a work of wonder , So tall and round in frame , a just cylinder Built by the Pights in honour of their King , That of the Scots none should attempt such thing , As over his bellie big to walk or ride , But this strong hold should make him to abide . Unlesse on Pegasus that he would flee , Or on Ioves bird should soare into the skye , As rode Bellerophon and Ganymede : But mounted so must ride no giddie head . From thence we merch't directlie unto Dron , And from that stead past to the Rocking stone ; Accompanied with Infantrie a band , Each of us had a hunting staffe in hand , With whistles shrile , the fleeing fowles to charme , And fowlers nets upon our other arme : But as for me about my neck vvas borne , To sound the chace a mightie hunting horne ; And as I blevv vvith all my might and maine , The hollovv rocks did ansvvere make againe , Then everie man in this cleare companie Who best should vvinde the horne began to try ; Among the rest a fellovv in the rout Boldly began to boast , and brave it out , That he vvould vvind the horne in such a vvise , That easelie he vvould obtaine the prise , But to record vvhat chance there follovved after Gladly I vvould , but grief forbiddeth laughter , For so it vvas the merrie man vvas mard , Both tongue and teeth , I vvot , vvere tightly tard ; Then no more stay ; Fellovv , good night , quod vve , Th' old proverb sayes , that Dirt partes Companie . By this vve vvere just at the Rocking stone , Amongst the vvorlds great vvonders , it is one Most rare : It is a Phaenix in its kinde , The like in all the vvorld yee shall not finde : A stone so neicely set upon its kernels , Not artificiall , but naturall chernels , So huge , so grave , that if you please to prove it , A hundred yoak of oxen vvill not move it , Yet touch it vvith your fingers smallest knocking , Incontinent it vvill fall to a rocking , And shake , and shiver ; as if obedient , More by request , than by commandement . Then up I clame this rock , as I vvas vvonted , And like Aegeon on Whales back I mounted , And vvith Etites ra●ling stone I knocked , And as it ratled , even so vvas I rocked . So fair a cradle , and rare was never seene Oh if my Cabinet could it conteine ! Next at the bridge of Earne we made our Station , And there we took some little recreation ; VVhere in Heroicks Gall fell to declaring All circumstances of that dayes wayfairing , And there so merrielie we sung , and chanted , Happie were they our companie who haunted , VVhich when I call to minde it makes me cry , Gall , svveetest Gall , what ailed thee to die . The eight Muse. WHat blooming banks sweet Earne , or fairest Tay , Or Amond doth embrace ; these many a day We haunted ; where our pleasant pastorals VVe sweetly sung , and merrie madrigals : Sometimes bold Mars , and sometimes Venus fair , And sometimes Phoebus love we did declare ; Sometimes on pleasant plaines , sometimes on mountains , And sometimes sweetlie sung beside the fountains . But in these banks where flowes Saint Conils VVell , The which Thessalian tempe doth excell . Whose name and matchlesse fame for to declare , In this most dolefull dittey , must I spare : Yet thus dar say , that in the World again No place more meet for Muses to remain ; For shadowing walks , where silver brooks do spring , And smelling arbors , where birds sweetly sing , In heavenly Musick warbling like Arion , Like Thracian Orpheus , Linus , or Amphion , That Helicon , Parnassus , Pindus fair To these most pleasant banks scarce can compare . These be the banks where all the Muses dwell , And haunt about that cristall brook and well , Into these banks chiefly did we repair Erom Shunshine shadowed , and from blasting air . There with the Muses we did sing our songs , Sometimes for pleasure , sometimes for our wrongs ; For in those dayes , none durst approach their table , But we , to taste their dainties , this no fable . From thence to Methven wood we took our way , Soone be Aurora fair did kyth the day ; And having rested there some little space , Againe we did betake us to our chace , Raising the Does and Roes forth of their dennes , And watrie fowles out of the marrish fennes , That if Diana had been in that place , Would thought , in hunting we had stain'd her grace . To Methven Castle , where Gall did declare How Margaret Teuther , Queen , sometimes dwelt there ; First daughter to King Henrie seventh , who closes York-Lancaster in one , Englands two roses . A happie union after long debate , But union much more happie , and more great Even by that same Queen springs , and by her race Whereby all Britaine joyes long wished peace . Hence came King Iames his title to the Crowne Of England , by both parents of renowne . Hence comes our happie peace , so be it ay , That peace with truth in Britaine flourish may . Right over to Forteviot , did we hy , And there the ruin'd castle did we spy Of Malcolme Ken-more , whom Mackduff then Than● Of Fife , ( so cald ) from England brought againe , And fiercelie did persue tyrant Makbeth , Usurper of the Crowne , even to the death . These castles ruines when we did consider , We saw that wasting time makes all things wither . To Dupline then , and shades of Aberdagie , From thence to Mailer , and came home by Craigie . Soone by that time , before three dayes were done , We went to se the monuments of Scone , As was our promise , Scones Nymphs see we must , For in such vowes we were exceeding just . And there with Ovid thus did we declare , Heere is a greene , where stood a Temple fair : Where was the fatall chaire , and marble stone , Having this Motto rare incisde thereon , This is the stone , if fates do not deceave , Where e're it s found the Scots shall kingdome have . Which Longshanks did transport to Troyuovant , As Troy took in the horse by Grecia sent So we , who sprung were of the Grecian crue , Like stratageme on Trojans did renew . Oh if this fatall chaire transported were To Spaine , that we like conquest might make there , From thence to Italie , to Rome , to Grece , To Colchos , thence to bring the golden fleece : And in a word , we wish this happie chaire Unto the furthest Indes transported were , That mightiest Kingdomes might their presents bring , And bow to Charles as to their soveraigne King. Neerby we view that famous Earthen Mount , Whereon our Kings to crowned be were wont : And while we do consider , there we found Demonstrat was the quadrat of the round , Which Euclide could not finde , nor Pater Erra , By guesse we did it finde on Omnis terra . And if you Geometers hereof do doubt , Come view the place , and yee shall finde it out . A demonstration so wondrous rare , In all the world , I think , none may compare . Thence need we must go see the Mure of Scone , And view where Pights were utterlie undone By valiant Scots , and brought to desolation , That since they never had the name of nation . Seven times that fight renew'd was in one day Pights seven times quaild , Scots were victorious ay ; Hence is it said , when men shall be undone , We shall upon them bring the mure of Scone . King Donskine with his remnant Pights neere Tay All kild , did crown the victorie of that day . Then valiant Kenneth went to Camelon , And threw to Earth King Donskins ancient throne . So greatest Kingdomes to their periods tend , And everything that growes , must have an end . Where is that golden head that reing'd so long , The silver armes and bellie of brasse most strong ? The yron legs divided now in toes Are mixt with clay : and so the world it goes . Thus nations like stars in multitude , Like sand on shore , or fishes in the floud ; Yea rooted in the Earth so deep , so long , As on the mountains grow the Cedars strong , Yet time hath overturn'd them , and their names Are past , as Letters written on the streames : To tell us , here we have no constant biding , The world unto decay is alwayes sliding , One Kingdome ever doth remaine , and all Gainst it who rise to powder turne they shall . Neere this we did perceave where proud Makbeth , Who to the furies did his soul bequeath , His castle mounted on Dunsinnen hill , Causing the mightiest peeres obey his will , And bow their necks to build his Babylon ; Thus Nimrod-like he did triumph upon That mountain , which doth overtop that plaine : And as the starrie heaven he should attaine , A loftie tower , and Atlas caused build , Then tyrannizing , rag'd as Nimrod wild : Who had this strange response that none should catch him That borne was of a woman , or should match him : Nor any horse should overtake him there , But yet his sprite deceav'd him by a mare , And by a man was not of woman borne For brave Makduff was from his mother shorne . Makduff cald Thane of Fife , who home did bring King Malcolme Kenmore was our native King. Ken-more , great-head , a great-head should be wise , To bring to nought a Nimrods enterprise ! Vp to Dunsinnen's top then did we clim , With panting heart , weak loynes , and wearied limme , And from the mountains height , which was well windie , We spy where Wallace cave was at Kilspindie . But there we might not stay , thence to the plaine With swifter pace we do come down againe . Descent is easie , any man can tell ; For men do easelie descend to Hell. When we had view'd these fields both heere and there , As wearied Pilgrims gan we Home to fair ; Home , happie is that word , at Home in Heaven , Where Gall now rests above the Planets seven , And I am left this wretched Earth upon , Thy losse , vvith all my Gabions , to bemoane : Then mourne vvith me my Gabions , and cry , Gall , svveetest Gall , vvhat ailed thee to die ? The ninth Muse. WHat ! Could there more be done , let any say , Nor I did to prevent this dolefull day ? For when I saw Galls fatall constellation Would not permit him in this Earthly station Long to abide ; then did I give a tryall , To make impartiall fate susteene denyall , By herbarising while I prov'd my skill , On top of Law-Tay , and stay Mooredowne hill , Collecting vegetables in these parts , By all the skill of Apollinian Arts , If possible't had been , fate to neglect him , By heavenlie skill immortall for to make him . But sith that Phaebus could not stemme the bloud Of Hyacinthus in his sowning moud , How then should I ? a mortall ! ah too shallow ! In wit and art presse to outreach Apollo ? Far be the thought , I therefore must absent me , And never more unto the World present me , But solitarie with my Gabions stay , And help them for to mourne till dying day . Then farewell Cabine , farewell Gabions all , Then must I meet in heaven with Master Gall : And till that time I will set foorth his praise In Elegies of wo , and mourning layes , And weeping for his sake still will I cry , Gall , sweetest Gall , what ailed thee to die ? FINIS . Notes, typically marginal, from the original text Notes for div A03379-e3030 Eccles. 9. 11. Eccles. 5. 1● Eccles. 8. 9. Prover . 23. 5. 〈◊〉 . Sat. 〈◊〉 . Meta● . 13. Arist. Ethic. lib. 1. cap. 11 〈◊〉 . Sat. 〈◊〉 . Notes for div A03379-e6280 The auth● of this boo● did write t● Pantheon , which wa● fathered o● Master Ga● Bowes . Clubs . Curling stones . Archerie The pre●nded Poet ●hen he shot ●rivers , used ●say Have ●the knee of ●ion . Bertha ●wsie , or●lhousie ●lhousie . ●he battell ●he north Inch betw● thirtie an● thirtie . Henrie wi● Black Frie● where kille● was King Iames the first . The Charter ●ouse , or Car●usian mo●astery , wher ●uried was ●ing James ●e first , was ●uilt by him . Aeneas Sylvius . Campsie-li ●he old ●emies of ●cotland . Commodi●s of Scot●d . Couragio worthies Scotland . DIN●URGH . Countrie clowns hal● asses . Gall was a ●le & good● man , M. George a ●onnie little ●an . Nymphes . Echo . ●ontempt of ●rning . ●hat a Poet ●n do . ●dge of ●y . ●st building 〈◊〉 the bridge 〈◊〉 Tay. Wright work . Fishing of pearles . The wals Perth . ●allace ex●leth the 〈◊〉 our Perth . ●allace sur●ders the ●vernment . Bruce . Buchan . li● 8. pag. 272. Baliol. Duplin field ●erth besei●d three ●onths . Is taken , a● her wals r● zed . King Edwa● the third t● keth capti● the Baliol● takes in Pe● and rebuil● her wals . ●ng Robert ●e second ●liggereth ●rth , assisted 〈◊〉 the Dou●as , & Earle Rosse . ●rth surren●red by the 〈◊〉 . The He● land men a Burges Perth . Are pers● by the ci● zens to Ho● manstair● The 〈◊〉 building 〈◊〉 the wals . Perths old ●rgesses all ●osen men greatest ●nhood , for ●ence of ●t strength , ch . lib. 16. 〈◊〉 . 593. The battell the bridge Tay its ●ent . ●he occasi● of the bat , 〈◊〉 . ●he enemie ●tereth the ●wne too ●ldly . The enemi● fleeth . Johnston ●and . Persecut● at Perth 〈◊〉 the truth . Catharins ●plan . Knox preac● eth , idols a● throwndow and religio● places . ●e charter●sethrown ●n . S. Iohnsto● huntsup . ●allace ●p . ●ometricall ●cription ●wo sorts ●rches . 〈◊〉 〈◊〉 mira● of the ●ld . ●cludit sa● Helicone ●tas Demo●tus , Ho● . in arte . 〈◊〉 speaketh 〈◊〉 Gowries ●spiracie . Dragon ho● Windie● gowle . Kinnoule● castle . ●nnouls La● did see ●allace and ●e Bruce . ●e prophe● . Situation 〈◊〉 Perth . Lorets cha● pell transpo● ted to Pert● from Rom● Vaticane . Saints how ●ade idols , ●d devils . Kinfanes . Elcho . ●leeplesse Isle . Balthyok . Megeance . Errol . Earnside . Wallace ship . ●allace go●g to France ●t recorded ●d why . ●erths Whit ●all . King James ●he sixth Pro●est of Perth . Talenes n● vertue . Moncreif The b● thren trees bernethie . The rocki stone of B● vaird . Bridge of rne . ●unting ●er of old , ●d Luth● Queen Margaret Teuther . ●orteviot . 〈◊〉 . Malcolme ●enmore . The marble ●haire . Omnis terr . Mure of Scone . Makbeths ●stle on Dū●oun hill . Makduf . Wallace cave . 
A11752	----	The protestation of the Generall Assemblie of the Church of Scotland, and of the noblemen, barons, gentlemen, borrowes, ministers and commons; subscribers of the Covenant, lately renewed, made in the high Kirk, and at the Mercate Crosse of Glasgow, the 28, and 29. of November 1638 Protestation. 1638-11-29 Church of Scotland. General Assembly. 1638 Approx. 20 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A11752 STC 22047 ESTC S116929 99852144 99852144 17451 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A11752) Transcribed from: (Early English Books Online ; image set 17451) Images scanned from microfilm: (Early English books, 1475-1640 ; 1394:13) The protestation of the Generall Assemblie of the Church of Scotland, and of the noblemen, barons, gentlemen, borrowes, ministers and commons; subscribers of the Covenant, lately renewed, made in the high Kirk, and at the Mercate Crosse of Glasgow, the 28, and 29. of November 1638 Protestation. 1638-11-29 Church of Scotland. General Assembly. Warriston, Archibald Johnston, Lord, 1611-1663. [16] p. By George Anderson, Printed at Glasgow : in the yeare of Grace, 1638. Written for the General Assembly by Archibald Johnston, Lord Warriston. A protest against the proclamation of 29 November dissolving the Assembly. Signatures: A-B⁴. Running title reads: Protestation November 29. In this state A2r has catchword "intruded"; first word on A2v is "intruded". Variant: quire A wrongly printed with the outer forme of STC 22047.5; first word on A2v is "of". Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Sovereign (1625-1649 : Charles I). -- Proclamations. 1638-11-29 -- Controversial literature -- Early works to 1800. Church and state -- Scotland -- Early works to 1800. Scotland -- Church history -- 17th century -- Early works to 1800. 2004-04 TCP Assigned for keying and markup 2004-04 Apex CoVantage Keyed and coded from ProQuest page images 2004-11 Judith Siefring Sampled and proofread 2004-11 Judith Siefring Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion THE PROTESTATION OF THE GENERALL ASSEMBLIE OF THE CHVRCH OF SCOTLAND , AND OF THE NOBLEMEN , BARONS , GENTLEMEN , BORROWES , MINISTERS AND COMMONS ; Subscribers of the Covenant , lately renewed , made in the high Kirk , and at the Mercate Crosse of Glasgow , the 28 , and 29. of November 1638. Printed at Glasgow by George Anderson , in the Yeare of Grace , 1638. The Protestation of the generall Assembly of the Church of SCOTLAND , &c. WEE Commissioners from Presbyteries , Burghes , and Universities , now conveened in a full and free Assembly of the Church of Scotland , indicted by his Majestie , and gathered together in the Name of the Lord Jesus Christ the only Head , and Monarch of his owne Church ; And Wee Noblemen , Barons , Gentlemen , Ministers , Burgesses and Commons , Subscribers of the Confession of Faith , Make it knowne that where Wee His Majesties loyall Subjects of all degrees , considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents intruded of this Church , which had beene before in great puritie to our unspeakable comfort established amongst us , were moved to present many earnest desires and humble supplications to his sacred Majestie , for granting a free generall Assembly , as the only legall and readie meane to try these innovations , to purge out the corruptions , and settle the order of the church , for the good of Religion , the honour of the King , and the comfort and peace of the Kirk and Kingdome : It pleased his gracious Majestie , out of his Royall bountie , to direct unto this Kingdome , the Noble and Potent Lord , James Marques of Hammiltoun , with Commission to heare and redresse the just grievances of the good Subjects , who by many petitions , and frequent conferences , being fully informed of the absolute necessitie of a free generall Assemblie , as the only Judicatorie which had power to remedie those evils , was pleased to undergoe the paines of a voyage to England for presenting the pitifull condition of our Church to his sacred Majestie ; And the said Commissioner his Grace returned againe in August last , with power to indict an Assembly , but with the condition of such prelimitations , as did both destroy the freedome of an Assemblie , and could no wayes cure the present diseases of this Church : which was made so clearly apparent to his Grace , that for satisfying the reasonable desire of the Subjects , groaning under the wearinesse and prejudices of longsome attendance , Hee was againe pleased to under-take another journey to His Majestie , and promised to endeavour to obtaine a free Generall Assemblie , without any prelimitation , either of the constitution and members , or matters to be treated , or manner , and order of proceeding , so that if any question should arise concerning these particulars , the same should bee cognosced , judged , and determined by the Assemblie , as the onely judge competent : And accordingly by warrant from our Sacred Soveraigne , returned to this Kingdome , and in September last , caused indict a free Generall Assemblie , to be holden at Glasgow , the 21. of November instant , to the unspeakable joy of all good Subjects and Christian hearts , who thereby did expect the perfect satisfaction of their long expectations ; and the finall remedie of their pressing grievances : But these hopes were soone blasted : for albeit the Assemblie did meet and begin at the appointed day , and hath hitherto continued , still assisted with his Graces personall presence , yet His Grace hath never allowed any freedome to the Assemblie , competent to it by the Word of God , acts and practise of this church , and his Majesties Indiction , but hath laboured to restraine the same , by protesting against all the acts made therein , and against the constitution therof by such members , as by all law reason and custome of this church were ever admitted in our free Assemblies , and by denying his apprebation to the things proponed and coucluded , though most cleare , customable , and uncontraverted . And now since his Grace after the presenting and reading of his own commission from our sacred Soveraigne , and after his seeing all our commissions from Presbyteries and Burghes produced and examined , and the assembly constitute of all the members by unanimous consent , doth now to our greater griefe without any just cause or occasion offered by us , unexpectedly depart and discharge any further meeting , or proceeding in this Assembly , under the paine of treason ; and after seven dayes sitting , declare all Acts made , or heereafter to be made in this Assembly , to be of no force nor strength ; and that for such causes as are either expressed in his Maiesties former proclamations , ( and so are answered in our former protestations ) or set downe in the declinatour , and protestation presented in name of the Prelats , ( which are fully cleared in our answere made thereto ) or else were long since proponed by the Commissioner his G. in his eleven articles or demands sent unto us , before the indiction of the Assembly ( and so were satisfied by our answers , which his Grace acknowledged , by promising after the recept thereof to procure a free generall Assembly , with power to determine upon all questions , anent the members , manner , and matters thereof ) all which for avoyding tediousnesse wee heere repeat : Or otherwise the said causes alleadged by the Commissioner , were proponed by His Grace , in the Assemblie ; such as first , that the Assemblie refused to reade the Declinatour and Protestation exhibited by the Prelats , which neverthelesse was publicklie read and considered by the assemblie , immediatly after the election of a Moderatour and constitution of the Members , before the which , there was no assemblie established , to whom the same could have been read : Next , that ruling Elders were permitted to have voyce in the election of commissioners from Presbyteries , which was knowne to His Grace , before the indiction and meeting of the assembly , and is so agreeable to the acts and practise of this church , inviolably observed before the late times of corruption , that not one of the assembly doubted thereof , to whom by the indiction and promise of a free assembly , the determination of that question , anent the members constituent propertie belonged . And last , that the voyces of the six Assessors , who did sit with His Grace , were not asked and numbered , which we could not conceive to bee any just cause of offence , since after 39. Nationall assemblies of this reformed church , where neither the Kings Maiestie , nor any in his name was present , at the humble and earnest desire of the assembly , His Maiesty graciously vouchsafed His presence either in His owne Royall Person , or by a commissioner , not for voting or multiplying of voyces , but as Princes and Emperours of old , in a Princely manner to countenance that meeting , and to preside in it for externall order ; and if Wee had been honoured with His Maiesties Personall presence , His Maiestie ( according to the practice of King James of blessed memorie ) would have only given his own Iudgment in voting of matters , and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voyces . Therefore in conscience of our duetie to God and his trueth , the King and his honour , the Church and her liberties , this Kingdome and her peace , this Assemblie and her freedome , to our selves and our safetie , to our Posteritie , Persons and Estates , Wee professe with sorrowfull and heavie , but loyall hearts . That Wee cannot dissolve this Assemblie , for the reasons following . 1. For the reasons alreadie printed anent the necessitie of conveening a Generall Assemblie , which are now more strong in this case , seeing the assemblie was alreadie indicted by his Maiesties authoritie , did conveene , and is fully constitute in all the members thereof , according to the Word of GOD , and discipline of this church , in the presence and audience of his Maiesties Commissioner ; who hath reallie acknowledged the same , by assisting therein seven dayes , and exhibition of His Maiesties Royall Declaration , to bee registrate in the bookes of this assemblie , which accordingly is done . 2. For the reasons contained in the former Protestations made in name of the Noblemen , Barons , Burgesses , Ministers , and Commons , whereunto We doe now iudicially adhere , as also unto the Confession of Faith and covenant , subscribed and sworne by the body of this Kingdome . 3. Because as Wee are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Us ; So the Kings Maiestie , and his Commissioner , and Privie Councell ; have urged many of this kingdome to subscribe the Confession of Faith made in anno 1580. and 1590 : and so to returne to the doctrine and discipline of this Church , as it was then professed : But it is cleare by the doctrine and discipline of this church , contained in the booke of Policie then registrate in the bookes of assemblie , and subscribed by the Presbyteries of this church ; That it was most unlawfull in it self , and preiudiciall to these priviledges which Christ in his Word hath left to his church , to dissolve or breake up the assemblie of this church , or to stoppe and stay their proceedings in constitution of acts for the welfare of the church , or execution of discipline against offenders ; and so to make i● appeare , that Religion and Church-government should depend absolutely upon the pleasure of the Prince . 4. Because there is no ground of pretence either by Act of Assemblie , or Parliament , or any preceeding practice , whereby the Kings Majestie may lawfully dissolve the Generall Assemblie of the Church of Scotland , far lesse His Majesties Commissioner , who by his commission hath power to indict and keep it , secundùm legem & praxim : But upon the contrary , His Majesties prerogative Royall , is declared by Act of Parliament , to be nowayes prejudiciall to the priviledges and liberties , which God hath granted to the spirituall office-bearers , and meetings of this Church ; which are most frequently ratified in Parliaments , and especially in the last Parliament holden by His Maiestie himself , which priviledges and liberties of the church , his Maiesty will never diminish or infringe , being bound to maintaine the same in integritie by solemne oath given at His Royall Coronation in this Kingdome . 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting , without or notwithstanding any contramand , as is evident by all the Records thereof ; and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner and Councell , to stay their processe against Master Robert Montgomerie , pretended Bishop of Glasgow , or otherwise to dissolve and rise , did notwithstanding shew their libertie and freedome , by continuing and sitting still , and without any stay , going on in that processe against the said Master Robert , to the finall end thereof : And thereafter by letter to his Maiestie , did shew clearly , how far his Majestie had been uninformed , and upon misinformation , prejudged the prerogative of Jesus Christ , and the liberties of this Church , and did inact and ordaine , that none should procure any such warrant or charge under the pain of excommunication . 6. Because now to dissolve , after so many supplications and complaints , after so many reiterated promises , after our long attendance and expectation , after so many references of processes from Presbyteries , after the publick indiction of the Assemblie , and the solemne Fast appointed for the same , after frequent convention , formall constitution of the Assemblie in all the members thereof a and seven dayes sitting , were by this act to offend God , contemne the Subjects petitions , deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome , multiply the combustions of this Church , and make every man despaire heereafter ever to see Religion established , Innovations removed , the Subjects complaint respected , or the offenders punished with consent of authoritie , and so by casting the church loose and desolate , would abandon both to ruine . 7. It is most necessary to continue this Assemblie for preveening the prejudices which may ensue upon the pretence of two Covenants , whereas indeed there is but one . That first subscribed in 1500. and 1590. being a Nationall covena●● , and oath to God ; which is lately renewed by ●s , with that necessary explanation , which the corruptions introduced since that time contrary to the same , inforced : which is also a knowledged by the Act of councell in September last , declaring the same to bee subscribed , as it was meaned the time of the first subscription : And therefore for removing that shame , and all preiudices which may follow upon the show of two different covenants and confessions of Faith in one Nation , The Assemblie cannot dissolve , before it trye , finde and determine , that both these covenants , are but one and the selfe same covenant : The latter renewed by Us , agreeing to the true genuine sense and meaning of the first , as it was subscribed in anno 1580. For these and many other reasons , Wee the Members of this assemblie , in our owne name , and in the name of the Kirk of Scotland , whom Wee represent ; and Wee Noblemen , Barons , Gentlemen , Ministers , Burgesses , and Commons before mentioned , doe solemnely declare in the presence of the everliving God , and before all men ; And protest , 1. That our thoughts are not guiltie of any thing which is not incumbent to us , as good Christians towardes God , and loyall Subjects towardes our sacred Soveraigne . 2. That all the Protestations generall or particular , proponed or to bee proponed by the commissioner his Grace , or the Prelates and their adherents , may bee presentlie discussed before this generall Assemblie , being the highest Ecclesiasticall iudicatorie of this kingdome : and that his Grace depart not till the same be done , 3. That the Lord commissioner depart not , till this Assemblie do fully settle the solide peace of this church , cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof : and for attaining hereof , and removing all iust exceptions which may bee taken at our proceedings , we attest GOD the searcher of all hearts , that our intentions , and whole proceedings in this present assemblie , have beene , are , and shall be according to the word of GOD the lawes and constitutions of this church , the confession of faith ; our nationall oath , and that measure of light , which GOD the father of light shall grant us , and that in the sinceritie of our hearts , without any preoccupation or passion . 4. That if the Commissioner his Grace depart and leave this church and kingdome in this present disorder , and discharge this assemblie , that it is both lawfull and necessarie for Us to sit still and continue in keeping this present Assemblie ; indicted by His Majestie , till we have tryed , judged , censured all the bygone evils , and the introductors , and provided a solide course for continueing Gods trueth in this land with puritie and libertie , according to his Word , our oath and Confession of Faith , and the lawfull constitutions of this Church ; and that with the grace of God , Wee and every one of Us adhering hereunto , shall sit still and continue in this Assemblie , till after the finall settling and conclusion of all matters , it be dissolved by common consent of all the members thereof . 5. That this Assemblie is and should be esteemed and obeyed , as a most lawfull , full and free generall Assemblie of this Kingdome : And that all acts , sentences , constitutions , censures and proceedings of this Assemblie , are in the self , and should be reputed , obeyed and observed by all the Subjects of this Kingdome , and members of this Church , as the actions , sentences , constitutions , censures and proceedings of a full and free generall Assemblie of this Church of Scotland , and to have all ready execution , under the Ecclesiasticall paines contained , or to bee contained therein , and conforme thereto in all points . 6. That whatsoever inconvenience fall out , by impeding , molesting , or staying the free meeting , sitting , reasoning , or concluding of this present Assemblie , in matters belonging to their judicatorie , by the word of God , lawes & practice of this Church , and the confession of faith , or in the observing and obeying the acts , ordinances and conclusions thereof , or execution to follow thereupon : That the same be not imputed unto Us , or any of Us , who most ard entlie desired the concurrance of his Maiesties Commissioner to this lawfull Assembly : But upon the contrare , that the Prelats and their adherentes , who have protested and declined this present Assemblie , in conscience of their own guiltinesse , not dareing to abide any legall tryall , and by their misinformation have moved the Commissioner his Grace to dep●rt and discharge this Assembly , bee esteemed repute and holden the Disturbers of the Peace , and Overthrowers of the Liberties of the Church , and guiltie of all the evils which sh●ll follow heereupon , and condignely consured ; according to the greatnesse of their fault , and Acts of the Church and Realme : And to this end . Wee againe and againe doe by these presents cite and summond them , and every one of them , to compeere before this present generall Assembly , to answere to the premisses , and to give in their reasons , defences , and answeres against the complaints given in , or to bee given in against them , and to heare probation led , and sentence pronounced against them , and conforme to our former citations , and according to Iustice , with certification as effeirs . Like as by these presents Wee summond and cite all those of His Majesties Councell , or any other , who have procured , consented , subscribed , or ratified this present Proclamation , to bee responsable to His Majestie and three Estates of Parliament , for their counsell given in this matter , so highly importing His Majestie , and the whole Realme , conforme to the 12. Act , King James 4. Parliament 2. And protest for remedie of law against them , and every one of them : 7. And lastly Wee protest , that as Wee adhere to the former Protestations all and every one of them , made in the name of the Noblemen , Barons , Gentlemen , Ministers , Burghes , and Commons ; So seeing Wee are surprised by the Commissioner his Graces suddaine departing , farre contrary to His Majesties indiction , and our expectation , Wee may extend this our Protestation , and adde more reasons thereunto in greater length and number , whereby Wee may fully cleare before God and man , the equitie of our intentions , and lawfulnesse of our proceedings : And upon the whole premisses , the foresaids persons for themselves , and in name aforesaid asked Instruments . This was done in the high Church of Glasgow , in publicke audience of the Assemblie , begun in presence of the Commissioner his Grace , who removed and refused to heare the same to the end , The twentie eight day of November : and upon the Mercate Crosse of Glasgow , The twentie ninth day of the said moneth , The yeare of GOD , 1638. respectivè . FINIS . 
A25354	----	The copy of a letter from Colonell Francis Anderson to Sir Thomas Glemham, January 20, 1643, touching the invasion of Scotland the copy of a letter from the Marques of Argyle & Sir William Armyne, to Sir Thomas Glemham the 20, January 1643 : the copy of Sir Thomas Glemhams letter in answer to the Lord Marquesse of Argyl's, and Sir William Armyne's. Anderson, Francis, Sir, 1615-1679. This text is an enriched version of the TCP digital transcription A25354 of text R20037 in the English Short Title Catalog (Wing A3087). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 13 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A25354 Wing A3087 ESTC R20037 12291303 ocm 12291303 58897 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25354) Transcribed from: (Early English Books Online ; image set 58897) Images scanned from microfilm: (Early English books, 1641-1700 ; 908:38) The copy of a letter from Colonell Francis Anderson to Sir Thomas Glemham, January 20, 1643, touching the invasion of Scotland the copy of a letter from the Marques of Argyle & Sir William Armyne, to Sir Thomas Glemham the 20, January 1643 : the copy of Sir Thomas Glemhams letter in answer to the Lord Marquesse of Argyl's, and Sir William Armyne's. Anderson, Francis, Sir, 1615-1679. Armyne, William, Sir, 1593-1651. Argyll, Archibald Campbell, Marquis of, 1598-1661. Glemham, Thomas, Sir, d. 1649. [2], 8 p. By Leonard Lichfield ..., [Oxford] : 1643. Reproduction of original in Bodleian Library. eng Scotland -- History -- Charles I, 1625-1649. A25354 R20037 (Wing A3087). civilwar no The copy of a letter from Colonell Francis Anderson to Sir Thomas Glemham, January 20. 1643. touching the invasion of Scotland. The copy of [no entry] 1644 2220 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2006-02 TCP Assigned for keying and markup 2006-04 SPi Global Keyed and coded from ProQuest page images 2006-06 Mona Logarbo Sampled and proofread 2006-06 Mona Logarbo Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion THE COPY OF A LETTER FROM COLONELL FRANCIS ANDERSON To Sir Thomas Glemham , JANUARY 30. 1643. touching the Invasion of SCOTLAND . The Copy of a Letter from the MARQVES of ARGYLE & Sir WILLIAM ARMYNE , to Sir THOMAS GLEMHAM the 20. Ianuary 1643. THE COPY OF SIR THOMAS GLEMHAMS Letter in Answer to the Lord Marquesse of Argyl's , and Sir William Armyne's . Printed at the Desire of the Members of both Houses now assembled at OXFORD . Edw. Norgate . By Leonard Lichfield , Printer to the Vniversity . Anno Dom. 1643. The Letter from Colonell Francis Anderson to Sir Thomas Glemham . Sir , THe Last night I had notice that Weltons Regiment was quartered in Warke Barony at Preston , Leermouth , Wark , and Mindrum , it was twelve of the Clock at night before the intelligence came to me , whereupon I immediatly caused the guards to be strengthned and doubled , my Scoutes attending untill this morning for more perfect information , that I might advertise you of it ; it is now confirmed by one that was this morning amongst them , that there is six Colours of Horse , which were drawing out , and the Drums beating for the calling out of some Companies of Foot , which also are come over , but the certain number of foot , I cannot as yet learne , but suppose them to be a part of the Lord Maltlands Regiment , which lay at Calstreame . I shall endeavour to keep my Quarters hereabouts , untill I receive farther orders from you . I am now drawing my whole Regiment into Wooller , having heard for certain as I was now writing , that a great body of the Enemies Foot , and very many Troopes of Horse advanced over Barwick Bridge yesterday , and were as farre as Haggeston ; it is conceived they will forthwith march towards Bellforde , for they are Quartered on the English side ; you will please to take these things into a present consideration , and afford a present answer to , Sir , Your very humble servant FRANCIS ANDERSON . Wooller . 20. Ian : 1643. The Copy of a Letter from the Marquesse of Argyle and Sr William Armyne , to Sir Thomas Glemham . Gentlemen , ALthough we justly presume , that the solemne mutuall Covenant entered into by both Kingdomes , hath long since come to your hands , and likewise that you have had notice of the raising of this Army desired by the Parliament of England for the prosecution of those ends therein expressed , viz. The preservation and reformation of Religion , the true Honour and happinesse of the King , and the publique Peace and liberty of His Dominions ; yet that it may appeare both to you and all the World , how unwilling we are to make a forcible use of those Armes we have been constrained ( by the disappointment of all other meanes of safety ) to take up ; We the Commissioners and Committees of both Kingdomes have thought fit , besides that Declaration ( a Copy whereof we herewith send ) lately emitted in the name of the Kingdome of Scotland for the satisfaction of the people , concerning the entrance of this their Army , to take more particular notice of you the chiefe Gentlemen and Commanders , hoping likewise , that things of so great and considerable consequence will find with you , such entertainment as may answer the weight and importance of them . We will not so much wrong the cause we have undertaken , as to go about , after so many evident demonstrations of the necessity of our present posture , to dispute it with you , but rather instead of arguments , we think it reasonable to acquaint you with our well weighed resolutions , which are , through the assistance of that God in whose cause we are ingaged , and whose strength alone we trust in , with our utmost industry and hazard , to endeavour the prevention of that imminent danger not only of corruption but of ruine , which we see evidently intended to the true Protestant Religion by the Popish and Prelaticall faction , who never wanted will , but now think they want not strength and opportunity to accomplish it , as also the rescuing His Maiesties Person and honour so deeply and unhappily intangled in the Counsells & practices of them , whose actions speak their ends to be little better then Popery and Tyranny , and the redeeming the Peace and Liberty of his Dominions ; in which the Irish Rebellion , and the sad and unnaturall divisions in England have made so great a breach . To the accomplishment of these so iust and honourable designes , we have reason to expect the concurrence of all men who either owe or pretend a due love to their Religion , King , and Country , and shall be very sory to want yours ; but if mis-information , or any other unhappy grounds , shall so farre prevaile with you , as to reckon us in the number of your Enemies ( which certainly we are not , if you be friends to those ends mentioned in our Covenant ) and if instead of that concurrence with us , which we wish , and hope to deserve , we find from you opposition and Acts of hostility . The Law of nature , and your owne reason will tell you what you are to expect . We only adde , that though it will not a little trouble us , to see men withstanding not only us but their owne good and happinesse . Yet it doth in good measure satisfie us , that we have not neglected this or any other meanes to the best of our power , or understanding , to prevent those inconveniences and mischiefes that may arise from those Acts of force , which we shall be necessitated unto . Subscribed at Barwick , the 20th of Ianuary , 1643. by the warrant and in the name of the Committees of both Kingdoms by us Your Friends Argyll . W. Armyne . Sir Thomas Glemhams Letter in Answer to the Marquesse of Argyl's and Sir William Armyne's . My Lord , I Have this day received yours , together with one to the Gentlemen of the Countrey , and having communicated with them , we returne you this Answer . That without the sight of that Letter we could not have bin induced by any flying rumors to beleeve , that the Scottish Nation , or the prevailing party for the present in that Nation , would have attempted an Invasion of England : so contrary to the Lawes of God , of Nations , of both Kingdoms , and especially to the late Act of Pacification : so opposite to their Allegiance and gratitude to His Majesty , to that neighbourly love which they pretend , to that discreet care which they should have of their own safety . We could not otherwise have imagined that they who by His Majesties goodnesse enjoy a settlement of their Church and State , according to their own desires , should needlesly and ingratefully imbroyle themselves in a businesse that concernes them not , forfeit their Rights , disoblige His Majesty , and hazard the losse of their present happinesse . No Order of any Committee or Committees whatsoever of Men or Angells , can give them power to March into the Bowels of another Kingdome , to make offensive Warre against their naturall Soveraigne , upon the empty pretence of Evill Councellors , who could never yet be named . And for the English agents , we cannot believe them to be any Commissioners Lawfully authorized , either by the Parliament , or by the two Houses , or yet by the House of Commons , whence so many of the Members are expelled by partiall Votes , so many banished by seditious tumults , so many voluntarily absent themselves out of Conscience , where desperation or want of opportunity to depart , or feare of certain Plunder , are the chiefest Bonds which hold the little remnant together from dissipation , where the venerable name of PARLIAMENT is made a stale to Countenance the pernitious Counsailes and Acts of a Close Committee . For Subjects to make forraigne Confederacies without their Soveraignes assent , to invade the territories of their undoubted King , to goe about by force to change the Lawes and Religion established , is grosse Treason without all contradiction ; And in this case it Argues strongly , who have been the contrivers and fomenters of all our troubles . No Covenant whatsoever , or with whomsoever , can justify such proceedings , or oblige a Subject to runne such disloyall courses . If any man out of Ignorance , or Feare , or Credulity , have entred into such a Covenant , it bindes him not , except it be to repentance . Neither is there any such necessity , as is pretended , of your present posture , your selves cannot alleadge that you are any way provoked by us , neither are we Conscious to our selves of the least intention to molest you . Those ends which you propose are plausible indeed to them who doe not understand them , the blackest designes did never want the same pretences ; if by the Protestant Religion , you intend our Articles , which are the publique Confession of our Church , and our Book of Common Prayer established by Act of Parliament , you need not trouble your selves , we are ready to defend them with our Bloud : If it be otherwise , it is plain to all the World , that it is not the Preservation , but the Innovation of Religion which you seek , how ever by you stiled Reformation . And what calling have you to reforme us by the sword ? We do not remember that ever the like indignity was offered by one Nation to another , by a lesser to a greater , That those men who have heretofore pleaded so vehemently for Liberty of Conscience , against all Oathes and Subscriptions , should now assume a power to themselves by Armes to impose a Law upon the Consciences of their fellow Subjects . A vanquished Nation would scarce endure such Tearmes from their Conquerers . But this We are sure of , that this is the way to make the Protestant Religion odious to all Monarchs , Christian and Pagan . Your other two ends , that is the Honour and happinesse of the King , and the publique Peace and Liberty of His Dominions , are so manifestly contrary to your practice , that We need no other motives to withdraw you from such a Course , as tends so directly to make His Majesty Contemptible at home and abroad , and to fill all His Dominions with Rapine and Blood . In an Army all have not the same intentions , Wee have seen the Articles agreed upon , and those vast Sums and Conditions , contained in them , as if our Countreymen thought that England was indeed a Well that could never be drawn dry , and whatsoever the intentions be , We know right well what will be the consequents : if it were otherwise , no intention or consequent whatsoever can justify an unlawfull Action . And therefore you do wisely to decline all disputation about it , it is an easy thing to pretend the Cause of God , as the Iewes did the Temple of the Lord , but this is farre from those evident demonstrations , which you often mention , never make . Consider that there must be an Account given to God of all the blood which shall be shed in this quarrell . The way to prevent it , is not by such insinuations , but to retire before the Sword be unsheathed , or the breach be made too wide ; you cannot think that we are grown such tame Creatures , to desert our Religion , our Lawes , our Liberties , our Estates , upon command of Forreigners , and to suffer our selves and our Posterity , to be made Beggers and Slaves without opposition . If any of ours shall joyne with you in this Action , we cannot look upon them otherwise then as Traitors to their King , Vipers to their native Country , and such as have been Plotters or Fomenters of this designe from the beginning . But if misinformation or Feare , hath drawn any of yours ignorantly or unwillingly into this Cause , We desire them to withdraw themselves at last , and not to make themselves accessaries to that deluge of Mischiefe which this second voyage is like to bring upon both Kingdomes . FINIS : 
A25790	----	A letter from the Marqves of Argile and Sir William Armyn in the name of themselves and their confederates, to Sir Thomas Glemham, dated at Barwicke, January 20 : with the answer of Sir Thomas Glemham and the commanders and gentry of Northumberland, dated at Newcastle, January 23. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A25790 of text R40743 in the English Short Title Catalog (Wing A3659). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 11 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A25790 Wing A3659 ESTC R40743 18885588 ocm 18885588 108451 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25790) Transcribed from: (Early English Books Online ; image set 108451) Images scanned from microfilm: (Early English books, 1641-1700 ; 1680:20) A letter from the Marqves of Argile and Sir William Armyn in the name of themselves and their confederates, to Sir Thomas Glemham, dated at Barwicke, January 20 : with the answer of Sir Thomas Glemham and the commanders and gentry of Northumberland, dated at Newcastle, January 23. Argyll, Archibald Campbell, Marquis of, 1598-1661. Armyne, William, Sir, 1593-1651. Glemham, Thomas, Sir, d. 1649. 8 p. Printed at York by Stephen Bulkley, [York] : 1643. Imperfect: tightly bound with loss of print. Reproduction of original in Bodleian Library. eng Scotland -- History -- Charles I, 1625-1649. Great Britain -- History -- Civil War, 1642-1649. A25790 R40743 (Wing A3659). civilwar no A letter from the Marques of Argile and Sir William Armyn, in the name of themselves and their confederates, to Sir Thomas Glemham, dated at Argyll, Archibald Campbell, Marquis of 1643 1897 20 0 0 0 0 0 105 F The rate of 105 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2003-04 TCP Assigned for keying and markup 2003-05 SPi Global Keyed and coded from ProQuest page images 2003-08 Judith Siefring Sampled and proofread 2003-08 Judith Siefring Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion A LETTER FROM THE MARQVES of ARGILE and Sir WILLIAM ARMYN , In the name of themselves and their Confederates , to Sir Thomas Glemham , Dated at Barwicke , Ianuary , 20. WITH THE ANSWER OF SIR THOMAS GLEMHAM And the Commanders and Gentry of Northumberland , Dated at Newcastle , Ianuary , 23. Printed at York by Stephen Bulkley . 1643. Gentlemen , ALthough we justly presume , that the solemne mutuall Covenant entred into by both Kingdomes , hath long since come to your hands , & likewise that you have had notice of the raising of this Army desired by the Parliament of England , for the prosecution of those Ends therein expressed , ( viz. ) The preservation and Reformation of Religion , he true Honour and happinesse of the King , And the the publique Peace and Liberty of His Dominions . Yet that it may appeare both to you and all the world , how unwilling we are to make a forcible use of those Armes , we have been constrained ( by the disappointment of all other means of safety ) to take up : We the Commissioners and Committees of both Kingdomes , have thought sit beside that Declaration , ( a Coppie whereof wee herewith send ) lately emitted in the name of the Kingdome of Scotland , for the satisfaction of the people concerning the Entrance of this their Army ; To take more perticular notice of you the Chiefe Gentlemen and Commanders , hoping likewise that things of so great and considerable consequence , will find with you such an entertainment , as will answer the weight and importance of them . We will not so much wrong the Cause we have undrtaken , as to goe about after so many Demonstrations of the necessity of our present Posture , to dispute it with you , but rather instead of Arguments , we thinke it reasonable to acquaint you with our well weighed resolutions which are through the assistance of that God in whose cause we are ingaged , and whose strength alone we trust in , with our utmost industrie and hazard , to endeavour the prevention of that imminent danger , not onely of Corruption , but of Ruine , which we see evidently intended to the true Protestant Religion , by the Popish and Prelaticall Faction , who●ever wanted Will , but now thinke they want not strength and opportunity to accomplish it , as also the Rescuing of his Majesties Person and Honour , so deeply and unhappily intangled in the Councels and Practice of them whose actions speake their ends , to be ●ittle better then Poperie and Tyrannie , and the redeeming the Peace and Libertie of his Dominions , in which the Irish Rebellion , and the sad and unnaturall Divisions in England have made so great a breach . To the accomplishment of those so just and Honourable Designes we have reason to expect the concurrance of all men , who either owe , or pretend a due love to their Religion , King , and Countrey , and shall be very sorry to want yours ; but if mis-information or any other unhappy grounds shall so farre prevaile with you , as to reckon us in the number of your enemies , which certainly we are not , if you be friends to those ends mentioned in our Covenant : And in stead of that concurrance with us , which we with and hope to deserve we find from you opposition , and Acts of Hostilitie , the Law of nature and your owne reason will tell you what you are to expect . We onely adde , that though it will not a little trouble us , to see men withstanding not onely us but their owne good and happinesse ; yet it doth in good measure satisfie us , that we have not neglected this , or any other meanes to the best of our power , or understanding , to prevent those inconveniencies and mischiefes that may arise from those Acts of force which we shall be necessitated unto . Subscribed at Barwick the 20. of Ianuary , 1643. by the Warrant , and in the name of the Committee of both Kingdoms . By us your friends , W. Armyn . M. Argyll . My Lord , I have this day received yours , together with one to the Gentlemen of the Countrey , and having communicated with them , Wee returne you this Answer , THat without the sight of that Letter , we could not have beene induced by any flying rumours to beleeve , that the Scottish Nation or a prevailing Party for the present in that Nation , would have attempted an invasion of England : So contrary to the lawes of God , of Nations , of both Kingdomes , and especially to the late Act of Pacification : So opposite to their Allegiance , and Gratitude to his Majesty , to that neighbourly love which they pretend , to that discreet care which they should have of their owne safety . We could not otherwise have imagined , that they who by his Majesties goodnesse enjoy a settlement of their Church and State , according to their own desires , should needlesly and ingratefully imbroile themselves in a businesse that concernes them not , forfeit their rights , disoblige His Majesty , and hazard the losse of their present happinesse . No Order of any Committee or Committees whatsoever of Men , or Angels , can give them power to martch into the bowels of another Kingdome , to make offensive War against their naturall Soveraigne , upon the empty pretence of Evill Councellours , who could never yet be named . And for the English Agents we cannot beleeve them to be any Commissioners , lawfully authorised , either by the Parliament , or by the two Houses , or yet by the House of Commons , where so many of the Members are expelled by parciall Votes , so many banished by seditious Tumults , so many voluntarily absent themselves out of conscience ; where desperation or want of opportunity to depart , or feare of certaine plunder , are the chiefest bonds which hold the little remnant together from dissepation ; where the venerable name of Parliament is made a stale to countenance the pernicious Counsailers , and Acts of a close Committee . For Subjects to make Forraigne Confederacies without their Soveraignes assent , to invade the Teritories of their undoubted King , to goe about by force to change the Lawes and Religion established , is grosse Treason without all contradiction : And in this case it argues strongly , who have been the Contrivers and Fomenters of all our troubles . No Covenant whatsoever , or with whomsoever , can justifie such proceedings , or oblige a Subject to run such disloyall courses . If any man out of ignorance , or feare , or credulity , have entered into such a Covenant , it binds him not , except it be to repentance , neither is there any such necessity as is pretended of your present Posture , your selves cannot alledge that you are any way provoked by us , neither are we conscious to our selves of the least intention to molest you . Those ends which you propose are plausible indeed to them who doe not understand them : The blackest designes did never want the same pretences . If by the Protestant Religion , you intend our Articles which are the publicke Confession of our Church , and our Booke of Common Prayer , established by Act of Parliament , you need not trouble your selves ; we are ready to defend them with our bloud . If it be otherwise , it is plain to all the world , that it is not the preservation , but the innovation of Religion which you seeke , howsoever , by you stiled Reformation . And what calling have you to reforme us by the sword ? Wee doe not remember that ever the like indignity was offered by one Nation to another , by a lesser to a greater . That those men who have heretofore pleaded so vehemently for liberty of conscience , against all Oathes and Subscriptions , should now assume a power to themselves by Armes , to impose a Law upon the consciences of their fellow Subjects ; A vanquished Nation would scare indure such tearmes from their Conquerers : But this we are sure of , that this is the way to make the Protestant Religion odious to all Monarchs , Christian , and Pagan . Your other two ends , that is , The honour and happinesse of the King , and the publicke peace and liberty of his Dominions , are so manifestly contrary to your practise , that there need no other motives to with-draw you from such a course , as tends so directly to make his Majesty contemptible at home & abroad , and to fill all his Dominions with rapine and bloud . In an Army all have not the same intentions , ( we have seen the Articles agreed upon , and those vast summes and conditions contained in them , as if our Countrey-men thought , That England was indeed a Well that could never be dry . And whatsoever the intentions be , we know right well what will be the consequents : If it were otherwise , no intention or consequent whatsoever , can justifie an unlawfull lawfull action . And therefore you do wisely to decli●● all disputation ●bout it . It is an easie thing to prete●● the Cause of God , as the Jewes did the Temple of 〈◊〉 Lord , but this is farre from those evident Demonstratio●● which you often mention , never make . Consider that there must be an account given to G●● of all the bloud which shall be shed in this qu●rrell . T●● way to prevent it , is not by such insinuations , but to ●●tire before the sword be unsheathed , or the breach made too wide : You cannot think that we are grow●● such tame creatures , to desert our Religion , our Ki●● our Lawes , our Liberties , or Estates , upon the co●●mand of Forreiners , and to suffer our selves and 〈◊〉 posterity to be made beggers , and slaves without 〈◊〉 position . If any of ours shall joyne with you in t●● action , we cannot looke upon them otherwise , then 〈◊〉 Traitours to their King , Vipers to their native Co●●trey , and such as have been Plotters , or Promoters this designe from the beginning . But if mis-infor●●tion or feare hath drawne any of yours ignorantly or ●●willingly into this Cause , we desire them to with-dr●● themselves at last , and not to make themselves acce●●ries to that deluge of mischiefe , which this seco●● voyage is like to bring upon both Kingdomes . Subscribed at Newcastle , Ianuary 23 Tho. Glemham . &c. FINIS . 
A07623	----	Certeine matters concerning the realme of Scotland, composed together The genealogie of all the kings of Scotland, their liues, the yeeres of their coronation, the time of their reigne, the yeere of their death, and maner thereof, with the place of their buriall. The whole nobilitie of Scotland, their surnames, their titles of honour, the names of their chiefe houses, and their mariages. The arch-bishopricks, bishopricks, abbacies, priories, & nunries of Scotland. The knights of Scotland. The forme of the oth of a duke, earle, lord of Parliament, and of a knight. The names of barons, lairds, and chiefe gentlemen in euerie sherifdome. The names of the principall clannes, and surnames of the borderers not landed. The stewartries and baileries of Scotland. The order of the calling of the Table of the Session. The description of whole Scotland, with all the iles, and names thereof. The most rare and woonderfull things in Scotland. As they were anno Domini, 1597. Certaine matters composed together Monipennie, John. 1603 Approx. 208 KB of XML-encoded text transcribed from 47 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A07623 STC 18018 ESTC S100061 99835913 99835913 146 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A07623) Transcribed from: (Early English Books Online ; image set 146) Images scanned from microfilm: (Early English books, 1475-1640 ; 1281:3) Certeine matters concerning the realme of Scotland, composed together The genealogie of all the kings of Scotland, their liues, the yeeres of their coronation, the time of their reigne, the yeere of their death, and maner thereof, with the place of their buriall. The whole nobilitie of Scotland, their surnames, their titles of honour, the names of their chiefe houses, and their mariages. The arch-bishopricks, bishopricks, abbacies, priories, & nunries of Scotland. The knights of Scotland. The forme of the oth of a duke, earle, lord of Parliament, and of a knight. The names of barons, lairds, and chiefe gentlemen in euerie sherifdome. The names of the principall clannes, and surnames of the borderers not landed. The stewartries and baileries of Scotland. The order of the calling of the Table of the Session. The description of whole Scotland, with all the iles, and names thereof. The most rare and woonderfull things in Scotland. As they were anno Domini, 1597. Certaine matters composed together Monipennie, John. [92] p. Printed by A. Hatfield, for Iohn Flasket dwelling at the signe of the Blacke Beare in Pauls Churchyard, London : 1603. Originally published in 1594? as: Certaine matters composed together. The words "The genealogie .. things in Scotland." are printed in two columns on title page. Signatures: [A]² (-A2) B-M⁴ N¹ (=[A]2). The last leaf of text and the title page were printed together as a half-sheet. Reproduction of the original in Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Kings and rulers -- Early works to 1800. Scotland -- Nobility -- Early works to 1800. Scotland -- Description and travel -- Early works to 1800. 2003-02 TCP Assigned for keying and markup 2003-03 SPi Global Keyed and coded from ProQuest page images 2003-05 Emma (Leeson) Huber Sampled and proofread 2003-05 Emma (Leeson) Huber Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion CERTEINE MATTERS CONcerning the Realme of Scotland , composed together . The Genealogie of all the Kings of Scotland , their liues , the yeeres of their coronation , the time of their reigne , the yeere of their death , and maner thereof , with the place of their buriall . The whole Nobilitie of Scotland , their surnames , their titles of honour , the names of their chiefe houses , and their mariages . The Arch-bishopricks , Bishopricks , Abbacies , Priories , & Nunries of Scotland . The Knights of Scotland . The forme of the oth of a Duke , Earle , Lord of Parliament , and of a Knight . The names of Barons , Lairds , and chiefe Gentlemen in euerie Sherifdome . The names of the principall Clannes , and Surnames of the Borderers not landed . The Stewartries and Baileries of Scotland . The order of the calling of the Table of the Session . The description of whole Scotland , with all the Iles , and names thereof . The most rare and woonderfull things in Scotland . As they were Anno Domini , 1597. LONDON , Printed by A. Hatfield , for Iohn ●lasket dwelling at the signe of the Blacke● Beare in Pauls Churchyard . 1603. A CRONOLOGIE OF all the Kings of Scotland , declaring what yeere of the world and of Christ they began to reigne , how long they reigned , and what qualities they were of , according as they be set foorth and imprinted with the great booke of the Statutes of the Realme of Scotland . FERGVS , the first king of Scotland , the sonne of Ferquhard , a Prince of Ireland , began to raigne in the yeere of the world 3641. before the comming of our Sauiour Iesus Christ , 330. yeeres : In the first yere of the 112. Olympiade : and in the 421. yeere of the building of Rome : about the beginning of the 3. Monarchy of the Grecians , when Alexander the great ouerthrew Darius Codomannus the last Monarch of Persia. He was a valiant Prince , and died by shipwracke , vpon the sea-coast of Ireland , neere vnto Craig-fergus , in the 25. yere of his raigne . 2 Feritharis , brother to Fergus , began to raigne in the yere of the world , 3666. in the yeere before the comming of Christ 305. He was a good Iusticiar . In his time there was a Lawe made , that if the sonnes of the King departed , were so young , that they could not rule , that then in that case , the neerest in bloud should raigne , being in age sufficient for gouernment : and then after his death , the Kings children should succeed : which law continued vnto Kenneth the third his daies , 1025. yeeres almost . He was slaine by the meanes of Ferlegus , Fergus his brothers sonne , in the fifteenth yeere of his raigne . 3 Mainus , king Fergus sonne , succeeded to his fathers brother , in the yeere of the world , 3680. and in the yere before the comming of Christ , 290. He was a wise and good king , and maried the King of Picts daughter , that did beare him two sonnes . He died peaceably in the 29. yeere of his raigne . 4 Dornadilla succeeded to his father Mainus , in the yeere of the world , 3709. In the yeere before the comming of Christ , 262. A good king . He made the first lawes concerning hunting . He had two sonnes , and died peaceably in the eight and twentieth yeere of his raigne . 5 Nothatus succeeded to his brother Dornadilla in the yere of the world , 3738. & the yeere before the comming of Christ 233. Hee was a greedy and a cruell tyrant . He was slaine by Doualus , one of his Nobles , in the twentieth yeere of his raigne . 6 Reutherus , Dornadilla his sonne , began to raigne in the yeere of the world , 3758. in the yeere before the comming of Christ , 213. He was a good King , and died peaceably in the sixe and twentieth yeere of his raigne . 7 Reutha succeeded to his brother Reutherus , in the yeere of the world , 3784. In the yere before the comming of Christ , 187. A good King. Hee of his owne accord left the kingdome , and liued a priuate life , when he had ruled foureteene yeeres . 8 Thereus , Reutherus sonne , began to raigne in the yeere of the world , 3798. in the yeere before Christ , 173. He was an vnwise and cruell Tyrant . Hee was expelled and banished the realme , in the twelfth yeere of his raigne , by his Nobles : And Conanus , a wise and graue man , was made gouernor of the land . He died in exile in the city of Yorke . 9 Iosina succeeded his brother Thereus , in the yeere of the world , 3810. In the yeere before Christ , 161. He was a quiet and good Prince , a good Medicinar and Herbister , or skilfull in Physicke and the nature of herbs . He died in peace , in the foure and twentieth yeere of his raigne . 10 Finnanus , Iosina his sonne , began to raigne in the yeere of the world , 3834. In the yeere before Christ , 137. A good King. He was much giuen to the superstitious religion of the Druydes . He died in peace , in the 30 yeere of his raigne . 11 Durstus , Finnanus sonne , succeeded to his father in the yeere of the world , 864. In the yeere before Christ , 107. A cruell and trayterous Tyrant , slaine by his Nobles in battell , in the ninth yeere of his raigne . 12 Euenus the first , succeeded to his brother Durstus , in the yeere of the world , 3873. In the yeere before the comming of Christ , 98. A wise , iust and vertuous Prince . He died peaceably in the ninteenth yeere of his raigne . 13 Gillus , Euenus bastard sonne , succeeded to his father , in the yeere of the world , 3892. In the yeere before Christ , 79. A crafty Tyrant , slaine in battell by Cadallus , in the second yeere of his raigne . 14 Euenus the second , Donallus sonne , King Finnanus brother , began to raigne in the yeere of the world , 3894. In the yeere before the comming of Christ , 77. A good and ciuill King. He died in peace , in the 17 yeere of his raigne . 15 Ederus , sonne to Dochamus , that was sonne to Durstus the eleuenth King , began to raigne in the yeere of the world , 3911. In the yeere before the comming of Christ 60. A wise , valiant and good Prince . He died in the eight and fortieth yeere of his raigne . 16 Euenus the third , succeeded to his father Ederus , in the yeere of the world , 3959. In the yeere before the comming of Christ , 12. A luxurious and couetous wicked King. He was taken by his Nobles , and imprisoned , and died in prison in the seuenth yeere of his raigne . 17 Metellanus , Ederus brothers sonne , began to raigne in the yeere of the world , 3966. Foure yeeres before Christs Incarnation . A very modest and good King. He died in the 39 yeere of his raigne . In his time there was peace at home and abroad , and our Sauiour Iesus Christ was borne , and suffered death in his raigne . 18 Caractatus , the sonne of Cadallanus and of Eropeia , which was daughter to Metellanus , began to raigne in the yeere of the world 4005. In the yeere after the birth of Christ , 35. He was a wise and valiant King , and raigned twenty yeeres . 19 Corbredus 1. succeeded to his brother Caractacus , in the yeere of the world 4025. In the yeere of Christ 55. A wise King , and a good Iusticiar , or Executor of Iustice. He died in peace in the 18 yeere of his raigne . 20 Dardannus , Nephew to Metellanus began to raigne , in the yeere of the world 4042. In the yeere of Christ 72. A cruell tyrant . He was taken in battell , and beheaded by his owne subiects in the fourth yeere of his raigne . 21 Corbredus 2. surnamed Galdus , sonne to the former Corbredus , began to raigne in the yeere of the world 4046. In the yeere of Christ , 76. A valiant and worthy King : for he had many warres with the Romanes , and was oft victorious ouer them . He died in peace , in the 35. yeere of his raigne . 22 Lugthacus , succeeded to his father Corbredus the second , In the yeere of the world 4080. In the yeere of Christ , 110. A lecherous bloudy Tyrant . He was slaine by his Nobles in the third yeere of his raigne . 23 Mogallus , sonne to the sister of Corbredus the second . He began to raigne in the yeere of the world , 4083. In the yeere of Christ , 113. A good King and victorious in the beginning of his raigne : But in the end of his life , became inclined to tyranny , lechery and couetousnesse , and was slaine by his Nobles in the 36 yeere of his raigne . 24 Conarus succeeded to his father Mogallus , in the yeere of the world , 4119. In the yeere of Christ , 149. A lecherous tyrant . He was imprisoned by his Nobles , and died in prison in the 14 yeere of his raigne , and Argadus a Noble man was made Gouernour . 25 Ethodius the first , sonne to the sister of Mogallus , began to raigne in the yeere of the world 4133. In the yeere of Christ 163. He was a good Prince . He was slaine by an Irish Harper , whom he admitted to lie in his chamber , in the 33 yeere of his raigne . 26 Satraell succeeded to his brother Ethodius the first , in the yeere of the world , 4165. In the yeere of Christ , 195. A cruell Tyrant . He was slaine by his owne Courtiers in the 4 yeere of his raigne . 27 Donald 1. the first Christian King of Scotland , succeeded to his brother Satraell in the yeere of the world 4169. In the yeere of Christ 199. A good and religious King. He was the first of the Kings of Scotland that coined money of gold and siluer . He died in the eighteenth yeere of his raigne . 28 Ethodius the second , sonne to Ethodius the first , began to raigne in the yeere of the world 4186. In the yeere of Christ 216. An vnwise and base-minded King , gouerned by his Nobles . He was slaine by his owne Guard in the sixteenth yeere of his raigne . 29 Athrico succeeded to his father Ethodius the second , in the yeere of the world 4201. In the yeere of Christ , 231. A valiant Prince in the beginning , but he degenerated and became vicious : and being hardly pursued by his Nobles for his wicked life , slew himselfe in the twelfth yeere of his raigne . 30 Nathalocus , as some write , sonne to the brother of Athrico , began to raigne in the yeere of the world , 4212. In the yeere of Christ , 242. A cruell tyrant , slaine by his Nobles , and cast away into a priuy , in the eleuenth yeere of his raigne . 31 Findocus , sonne of Athrico , began to raigne in the yeere of the world , 4223. In the yeere of Christ , 253. A good King and valiant , slaine by fained Hunters , at the instigation of Donald , Lord of the Iles , his brother , in the eleuenth yeere of his raigne . 32 Donald the second , succeeded to his brother Findocus , in the yeere of the world 4234. In the yeere of Christ , 264. A good Prince . He was wounded in battell , and being ouercome , died for griefe and sorrow in the first yeere of his raigne . 33 Donald the third , Lord of the Iles , brother to Findocus , began to raigne in the yeere of the world , 4235. In the yeere of Christ , 265. A cruell tyrant , slaine by Crathilinthus his successor , in the twelfth yeere of his raigne . 34 Crathilinthus , Findocui sonne , began to raigne in the yere of the world 4247. In the yeere of Christ , 277. A valiant and a godly King. He purged the land from the Idolatrous superstition of the Druides , and planted the sincere Christian Religion . He died in peace in the foure and twentieth yeere of his raigne . In his time was Constantine the great Emperour of Christendome borne in England . 35 Fincormachus , sonne to the brother of the father of Crathilinthus , began his raigne in the yeere of the world , 4271. In the yeere of Christ , 301. A godly King and valiant . He was a worthy furtherer of the kingdome of Christ in Scotland . He died in peace in the seuen and fortieth yeere of his raigne . 36 Romachus , brothers sonne to Crathilinthus , began to raigne in the yeere of the world , 4318. In the yeere of Christ , 348. A cruell Tyrant , slaine by his Nobles , and his head striken off , in the third yeere of his raigne . 37 Angusianus , Crathilinthus brothers sonne , succeeded to Romachus in the yeere of the world 4321. In the yere of Christ , 351. A good King , slaine in battell by the Picts , in the third yeere of his raigne . 38 Fethelmachus , another brothers sonne of Crathilinthus , he began to raigne in the yeere of the world , 4324. In the yere , of Christ , 354. He was a valiant King : for he ouercame the Picts , and slew their King. He was betraied to the Picts by an Harper , and slaine by them in his owne chamber , in the third yeere of his raigne . 39 Eugenius the first , Fincormachus sonne , began to raigne in the yeere of the world 4327. In the yeere of Christ , 357. A valiant , iust and good King. He was slaine in battell by the Picts and Romanes in the third yeere of his raigne and the whole Scottish nation was vtterly expelled the Ile , by the Picts and Romanes , and remained in exile about the space of foure and forty yeeres . 40 Fergus the second , Erthus sonnes sonne to Ethodius , Eugenius the first his brother , returning into Scotland , with the helpe of the Danes and Gothes , and his owne countrey-men , who were gathered to him out of all countries where they were dispersed , conquered his Kingdome of Scotland againe out of the Romanes and Picts hands . He began his raigne in the yere of the world , 4374. In the yeere of Christ , 404. He was a wise , valiant and good King. He was slaine by the Romanes in the sixteenth yeere of his raigne . 41 Eugenius the second , sonne of Fergus the second , succeeded to his father in the yeere of the world , 4390. In the yeere of Christ , 420. He was a valiant and a good Prince . He subdued the Britons , and died in the two and thirtith yeere of his raigne . 42 Dongardus succeeded , to his brother Eugenius the second , in the yeere of the world , 4421. In the yeere of Christ , 451. A godly , wise and valiant Prince . He died in the fifth yeere of his raigne . 43 Constantine the first , succeeded to his brother Dongardus , in the yeere of the world , 4427. In the yeere of Christ , 457. A wicked Prince . He was slaine by a Noble man in the Iles , whose daughter he had defiled , in the two and twentieth yeere of his raigne . 44 Congallus the first , sonne of Dongardus , began to reigne in the yeere of the world , 4449. In the yeere of Christ , 479. A good and quiet Prince . He died in peace in the two and twentieth yeere of his raigne . 45 Goranus , or Conranus succeeded to his brother Congallus the first , in the yeere of the world , 4471. In the yeere of Christ 501. A good and wise Prince . He died in the foure and thirtith yeere of his reigne . 46 Eugenius the third Congallus sonne , succeeded to his father and vncle , in the yeere of the world 4505. In the yeere of Christ 535. A wise king and a good Iusticiar . He died in the three and twentith yeere of his raigne . 47 Congallus the second , or Conuallus , succeeded to his brother Eugenius the third , in the yeere of the world , 4528. In the yeere of Christ 558. A very good Prince . He died in peace in the eleuenth yeere of his raigne . 48 Kinnatillus succeeded to his brother Congallus the second , in the yere of the world , 4539. In the yere of Christ , 569. A good Prince . He died in the first yeere of his raigne . 49 Aidanus , sonne of Goranus , the forty fifth king , began to raigne in the yeere of the world , 4540. In the yere of Christ , 570. A godly and good Prince . He died in the fiue & thirtieth yeere of his raigne . 50 Kenethus the first , surnamed Keir , Congallus the second his sonne , began to raigne in the yeere of the world , 4575. In the yeere of Christ , 605. A peaceable Prince . He died in the first yeere of his raigne . 51 Eugenius the fourth , sonne of Aidanus , began to raigne in the yeere of the world , 4576. In the yeere of Christ , 606. A valiant and a good King. He died in the sixteenth yeere of his raigne . 52 Ferquhard , or Ferchard 1. succeeded to his father Eugenius the 4. in the yeere of the world , 4591. In the yeere of Christ , 621. A bloudy tyrant . He slew himselfe in the prison , whereinto he was put by the Nobles of his Realme , in the twelfth yeere of his raigne . 53 Donald the fourth , succeeded to his brother Ferquhard the first , in the yeere of the world , 4602. In the yeere of Christ , 632. He was a good and religious King. He was drowned in the water of Tay , while he was fishing , in the foureteenth yeere of his raigne . 54 Ferquhard , or Ferchard 2. succeeded to his brother Donald the 4. in the yeere of the world , 4616. In the yere of Christ , 646. A very wicked man. He was bitten by a Woolfe in hunting : of the which ensued a Feuer , whereof he died in the 18. yeere of his raigne . 55 Malduine , sonne to Donald the fourth , began to raigne in the yeere of the world , 4634. In the yeere of Christ , 664. A good Prince , strangled by his wife , who suspected him of adultery , in the twentieth yeere of his raigne . She was therefore burned . 56 Eugenius the fift , Malduine his brothers sonne , began to raigne in the yeere of the world , 4654. In the yeere of Christ , 684. A false Prince , slaine by the Picts in battell , in the fourth yeere of his raigne . 57 Eugenius the sixt , sonne to Ferquhard the second , began to raigne in the yeere of the world , 4658. in the yeere of Christ , 688. A good Prince . He died in peace in the tenth yeere of his raigne . 58 Ambirkelethus , sonne of Findanus , sonne of Eugenius the fift , began to raigne in the yeere of the world , 4667. In the yere of Christ , 697. He was a vicious Prince , and was slaine by the shot of an arrow in the second yeere of his raigne . The shooter thereof is vnknowne or set out in historie . 59 Eugenius the seuenth succeeded to his brother Ambirkelethus , in the yeere of the world , 4669. In the yeere of Christ , 699. He died in peace in the seuenteenth yeere of his raigne . A good Prince . 60 Mordacus , Ambirkelethus sonne , began to raigne in the yeere of the world , 4685. In the yeere of Christ , 715. A good Prince . He died in the sixteenth yeere of his raigne . 61 Etfinus , Eugenius the seuenth his sonne , began to raigne in the yeere of the world , 4700. In the yeere of Christ , 730. He died in peace in the one and thirtieth yeere of his raigne . 62 Eugenius the eight , Mordacus sonne , began to raigne in the yeere of the world , 4771. In the yeere of Christ , 761. A good Prince in the beginning of his raigne : and then after , degenerating from his good life , he was slaine by his Nobles in the third yeere of his raigne . 63 Fergus the third , Etfinus sonne , began to raigne in the yeere of the world , 4734. In the yeere of Christ , 764. A lecherous Prince , poisoned by his wife in the third yeere of his raigne . 64 Soluathius , Eugenius the eight his sonne , began to raigne in the yeere of the world , 4737. In the yeere of Christ , 767. A good Prince . He died in peace in the twentieth yeere of his raigne . 65 Achaius , Etfinus sonne , began to raigne in the yeere of the world , 4757. In the yeere of Christ , 787. A peaceable , good and godly Prince . He made a league with Charles the great Emperour , and King of Fraunce , which remaineth inuiolably kept to this day . He died in the two and thirtieth yeere of his raigne . 66 Congallus , or Conuallus , Achaius fathers brothers sonne , began to raigne in the yeere of the world , 4789. In the yeere of Christ , 819. A good Prince . He died in the fifth yeere of his raigne . 67 Dongallus , Soluathius sonne , succeeded in the yeere of the world , 4794. In the yere of Christ , 824. A valiant and good Prince . He was drowned , comming ouer the riuer of Spey , to warre against the Picts , in the seuenth yeere of his raigne . 68 Alpinus , Achaius sonne , began to raigne in the yeere of the world , 4801. In the yeere of Christ , 831. A good Prince . He was taken in battell , and beheaded by the Picts , in the third yeere of his raigne . 69 Kenneth the second , surnamed the Great , succeeded to his father Alpinus , in the yeere of the world , 4804. In the yeere of Christ , 834. A good and a valiant Prince . He vtterly ouerthrew the Picts in diuers battels , expelled them out of the land , and ioined the kingdome of the Picts to the Crowne of Scotland . Hee died in peace , in the twentieth yeere of his raigne . 70 Donald the fifth , succeeded to his brother Kenneth the second , in the yeere of the world , 4824. In the yeere of Christ , 854. A wicked Prince . He slew himselfe in the fifth yeere of his raigne . 71 Constantine the second , sonne of Kenneth the second , began to raigne in the yere of the world , 4829. In the yeere of Christ , 859. A valiant Prince . He was slaine by the Danes in a battell , stricken at Carraill in Fife , in the sixteenth yeere of his raigne . 72 Ethus , surnamed Alipes , the sonne of Constantine the second , succeeded to his father in the yeere of the world , 4844. In the yeere of Christ , 874. A vicious prince . He was imprisoned by his Nobles , where he died in the second yeere of his raigne . 73 Gregory , surnamed the Great , sonne of Dongallus the second , began to raigne in the yeere of the world , 4846. In the yeere of Christ , 876. A Prince valiant , victorious & renowmed through the world in his time ; he died in peace in the eightteenth yeere of his raigne . 74 Donald the sixt , sonne of Constantine the second , began to raigne in the yeere of the world , 4863. In the yeere of Christ 893. A valiant Prince . He died in peace , being loued of his subiects , in the eleuenth yeere of his raigne . 75 Constantine the third , sonne of Ethus , surnamed Alipes . began to raigne in the yere of the world , 4874. In the yeere of Christ , 904. He was a valiant King , yet he prospered not in his warres against England , and therefore being wearie of his life , hee became a Monke , and died after he had raigned fortie yeeres as King. 76 Malcolme the first , sonne of Donald the sixt , began to raigne in the yeere of the world , 4913. In the yeere of Christ , 943. A valiant Prince , and a good Iusticiar , or Executor of Iustice. He was slaine in Murray , by a conspiracy of his owne subiects , in the ninth yeere of his raigne . 77 Indulfus , sonne of Constantine the third , beganne to raigne in the yeere of the world , 4922. In the yeere of Christ. 952. A valiant and a good Prince . He had many battels with the Danes , whom he ouercame ; but in the end he was slaine by them in a stratageme of warre , in the ninth yeere of his raigne . 78 Duffus , the sonne of Malcolme the first , began to raigne in the yeere of the world , 4931. In the yeere of Christ , 961. A good Prince , and a seuere Iusticiar , or Executor of Iustice. He was slaine by one Donald at Forres in Murray , and was buried secretly vnder the bridge of a riuer beside Kinlosse ; but the matter was reuealed , and the murderer and his wife that consented thereto , seuerely punished . He raigned fiue yeeres . 79 Culenus , Indulfus sonne , began to raigne in the yeere of the world , 4936. In the yeere of Christ , 966. A vicious and effeminate Prince . He was slaine at Methuen , by Radardus , a Noble man ( whose daughter he had defiled ) in the fourth yere of his raigne . 80 Kenneth the third , Duffus brother , began to raigne in the yeere of the world , 4940. In the yeere of Christ , 970. A valiant and a wise Prince : but in the end he became cruell , and slew Malcolme his brothers sonne : and in Gods iudgement , who suffereth not innocent bloud to be vnpunished , he was slaine , as some say , by a shaft or arrow , shot by a deuice or sleight , out of an image fixed in a wall , at Fetticarne , by the meanes of a Noble woman there , called Fenella , in the foure and twentieth yeere of his raigne . 81 Constantine the fourth , surnamed Calvus , Culenus sonne , began to raigne in the yeere of the world , 4964. In the yeere of Christ , 994. An vsurper of the Crowne . He was slaine in battell , at the towne of Crawmond in Louthian , in the second yere of his raigne . 82 Grimus , Duffus sonne , began to raigne in the yeere of the world , 4966. in the yeere of Christ , 996. A vicious Prince . He was slaine in battell by Malcolme the second , his successor , in the eighth yeere of his raigne . 83 Malcolme the second , sonne of Kenneth the third , began to raigne in the yere of the world , 4974. In the yere of Christ , 1004. A valiant and a wise Prince , who made many good lawes , of the which a few are yet extant . He was slaine by a conspiracie of his Nobles at the Castell of Glammes , who after the slaughter , thinking to escape , were drowned in the water of Forfar : for it being winter , and the water frozen and couered with Snow , the Ice brake , and they fell in , in the righteous iudgement of God. He reigned thirtie yeeres . Some write , that after a great victorie in battell , hee did giue much of his lands to his Nobles , and they agreed that he should therefore haue the wardship and custodie of their heires , as long as they were vnder the age of one and twentie yeeres , and the profits of all their lands , ouer and aboue their charges for education , and the disposing of them in marriage , and the money that should be giuen for their mariage : And that he first did giue vnto his Nobles sundry seuerall titles of Honor. Which wardships , mariages , times of full age , and reliefes , and maner of Liueries of their lands out of the Kings hands , be in Scotland , very much agreeing to the Lawes of England , as many other parts of the Lawes do . 84 Duncane the first , sonne of Beatrix , daughter of Malcolme the second , began to raigne in the yeere of the world , 5004. In the yeere of Christ , 1034. A good and a modest Prince . He was slaine by Macbeth traiterously , in the sixth yeere of his raigne . 85 Macbeth , sonne of Douada , daughter of Malcolme the second , began to raigne in the yeere of the world , 5010. In the yeere of Christ , 1040. In the beginning of his raigne he behaued himselfe as a good and iust Prince , but after , he degenerated into a cruell Tyrant . He was slaine in battell by his Successour Malcolme the third , in the seuenteenth yeere of his raigne . 86 Malcolme the third , surnamed Cammoir , sonne of Duncane the first , began to raigne in the yeere of the world , 5027. In the yeere of Christ , 1057. A very religious and valiant Prince : he maried Margaret , daughter to Edward surnamed the Out-law , sonne to Edward surnamed Yron-side , King of England , a very good and religious woman , according to those times , who bare vnto him sixe sonnes and two daughters . The sonnes were Edward the Prince , Edmond , Etheldred , Edgar , Alexander , Dauid : the daughters were Mathildis or Maud , surnamed Bona , wife to Henrie the first , surnamed Beauclearke , King of England , the sonne of William the Conqueror of England : of her vertues there is extant this old Epigram : Prospera non laetam fecêre , nec aspera tristem ; Prospera terror ei , aspera risus erant : Non decor effecit fragilem , non sceptra superbam ; Sola potens humilis , sola pudica decens . That is : Prosperitie reioiced her not , to her griefe was no paine ; Prosperitie affraied her alas , affliction was her gaine : Her beautie was no cause of fall , in royall state not proud ; Humble alone in dignitie , in beautie onely good . She founded the Church of Carleill . The other daughter was Marie , wife to Eustathius Earle of Boloigne . King Malcolme builded the Churches of Durehame and Dumfermeline . He was slaine with his sonne the Prince Edward , in the sixe and thirtieth yeere of his raigne , at the besieging of Anwicke , by Robert Mowbray , surnamed Pearce-eie , and was buried at Tinmouth ; but after , he was remoued to Dumfermeline . 87 Donald the seuenth , surnamed Bane , vsurped the crowne after the death of his brother , in the yeere of the world , 5063. In the yeere of Christ , 1093. and was expelled in the first yeere of his raigne , by Duncane the second , the bastard sonne of King Malcolme the third . 88 Duncane the second , vsurped the Crowne , in the yeere of the world , 5064 , in the yeere of Christ , 1094. A rash and foolish Prince . He was slaine by Makpendir the Thane or Earle of the Meirnes , when he had raigned little ouer a yeere , by the procurement of Donald the seuenth . Donald the seuenth , made King againe in the yeere of the world , 5065. In the yeere of Christ , 1095. And raigned three yeeres . He gaue the West and North Iles to the King of Norway , for to assist him to attaine to the Crowne of Scotland . He was taken captiue by Edgar , his eyes put out , and died miserably in prison . 89 Edgar , the sonne of Malcolme the third , began to raigne in the yeere of the world , 5068. In the yeere of Christ , 1098. He builded the Priory of Coldingham . He was a good Prince . He died at Dundie without succession , and was buried at Dumfermeline , in the ninth yeere of his raigne . 90 Alexander the first , surnamed Fearce , succeeded to his brother , in the yere of the world , 5077. In the yeere of Christ , 1107. A very good and valiant Prince . He builded the Abbacies of Scone and of Saint Colmes-Inche . He maried Sybilla , daughter to William Duke of Normandie , &c. He died in peace , without succession , at Striuiling , in the 17 yeere of his raigne , and was buried at Dumfermeline . 91 Dauid the first , commonly called S. Dauid , the yongest sonne of King Malcolme the third , succeeded to his brother in the yeere of the world , 5094. In the yeere of Christ , 1124. A good , valiant and religious Prince , according to those times . He builded many Abbacies , as Haly-rude-house , Kelso , Iedburgh , Dun-dranan , Cambus-kenneth , Kin-losse , Mel-rosse , New-bottle , Dumfermeline , Holme in Cumberland , and two religious places at New castle in Northumberland . He erected foure Bishopricks , Rosse , Brechin , Dumblane and Dunkeld . He maried Maude , daughter of Woldeofus Earle of Northumberland and Huntingdon , and of Iuditha , daughters daughter to William the Conquerour , King of England , by whom he had one sonne named Henrie , a worthie and good youth , who maried Adama , daughter to William Earle Warren , who bare vnto him three sonnes , Malcolme the Maiden , William the Lion , and Dauid Earle of Huntingdon , and two daughters , Adama wife to Florentius Earle of Holland , and Margaret wife to Conanus Duke of Britaine . He died before his father . S. Dauid died in peace at Carleill , in the 29 yeere of his reigne , and was buried at Dumfermeline . 92 Malcolme the fourth , surnamed the Maiden ( because he would neuer marrie ) succeeded to his grand-father Dauid 1. in the yeere of the world , 5123. In the yeere of Christ , 1153. A good and meeke Prince . He builded the Abbay of Cowper in Angus , and died at Ied-burgh , and was buried at Dumfermeline in the twelfth yeere of his raigne . 93 William , surnamed the Lion , succeeded to his brother Malcolme the fourth , in the yere of the world 5135. In the yere of Christ , 1165. A good and a valiant King. He maried Emergarda , daughter to the Earle of Beau-mount . He builded the Abbacy of Aber-brothok , and she builded the Abbacie of Balmerinoch . He died at Striuiling in the 49. yeere of his raigne , and was buried at Aber-brothok . 94 Alexander the second succeeded to his father William , in the yeere of the world , 5184. In the yeere of Christ , 1214. A good Prince . He maried Ieane , daughter to Iohn , King of England , by whom he had no succession . After her death he maried Marie , daughter to Ingelrame , Earle of Coucey in Fraunce , by whom he had Alexander the third . He died at Kernery in the West Iles , and was buried at Mel-rosse in the 35. yeere of his raigne . 95 Alexander the third succeeded to his father , in the yere of the world , 5219. In the yeere of Christ , 1249. A good Prince . He maried first Margaret , daughter to Henry the third , King of England , by whom he had Alexander the Prince , who maried the Earle of Flāders daughter , Dauid & Margaret , who maried Hangonanus , or as some call him , Fricus , son to Magnus 4. King of Norway , who bare to him a daughter , named Margaret , commonly called , The Maiden of Norway , in whom King William his whole posteritie failed , & the crowne of Scotland returned to the posteritie of Dauid Earle of Huntingdon , K. Malcome 4. and King William his brother . After his sonnes death ( for they died before himself without succession ) in hope of posteritie , he maried Ioleta , daughter to the Earle of Dreux in Fraunce , by whō he had no succession . He builded the crosse Church of Peibles . He died of a fall from his horse , vpon the sands , betwixt Easter and Wester King-horne , in the 37. yeere of his raigne , and was buried at Dumfermeline . After the death of Alexander the third , which was in the yeere of the world , 5255. In the yeere of Christ , 1285. there were sixe Regents appointed to rule Scotland : for the South side of Forth , were appointed Robert , the Arch-bishop of Glasgowe , Iohn Cummin , & Iohn the great Steward of Scotland . For the North side of Forth , Mak-duffe , Eare of Fife , Iohn Cummin Earle of Buchan , and William Fraser , Arch-bishop of Saint Andrewes , who ruled the land about the space of seuen yeres , vntill the controuersie was decided betwixt Iohn Ballioll and Robert Bruyse , Grand-father to Robert Bruyse the King of Scotland , who did come of the two eldest daughters of Dauid Earle of Huntingdon : for Henry Hastings , who maried the yongest daughter , put not in his sute or claime with the rest , and therefore there is little spoken of him . 96 Iohn Ballioll was preferred before Robert Bruyse , to be King of Scotland , by Edward 1. surnamed Longshanks , King of England , who was chosen to be the Iudge of the controuersie : which preferment was vpon a cōdition , that Iohn Ballioll should acknowledge King Edward the first , as superiour : which condition he receiued . He began his raigne in the yeere of the world , 5263. In the yeere of Christ , 1293. He was a vaine-glorious man , little respecting the weale or Common-wealth of his Countrey . He had not raigned fully foure yeeres , when he was expelled by the said Edward the first , King of England : and leauing Scotland , he departed into the parts of Fraunce , where he died long after in exile . And so Scotland was without a King and gouernment the space of nine yeeres : during which space , the said Edward the first , surnamed Longshankes , cruelly oppressed the land , destroied the whole auncient monuments of the kingdome , and shed much innocent bloud . 97 Robert Bruyse began to raigne in the yeere of the world , 5276. In the yeere of Christ , 1306. A valiant , good and wise King. In the beginning of his raigne , he was subiect to great miserie and affliction , being oppressed by England : but at length , hauing ouercome and vanquished Edward the second , King of England , commonly called Edward of Carnaruan , at the field of Bannock-burne , he deliuered Scotland from the warres of England , and set it at full libertie , all Englishmen by force being expelled out of the land . He maried first Isabel , daughter to the Earle of Mar , who bare vnto him Mariory , the wife of Walter , the great steward of Scotland , from whom , and the ofspring of the Stewards , the King now ruling is descended . After her death , he maried Isabel , daughter to Haymerus de Burc , Earle of Hultonia or Hulster in Ireland , who bare vnto him Dauid the second , Margaret the Countesse of Sutherland , and Maude that died yong . He died at Cardros , and was buried at Dumfermeline , in the foure and twentieth yeere of his raigne . 98 Dauid the second succeeded to his father , Robert Bruise , in the yeere of the world , 5300. In the yeere of Christ , 1330. A good Prince , subiect to much affliction in his youth , being first after the death of Thomas Ranulph his Regent , forced to flie into France , for his owne safegard , and then returning home , was taken at the battell of Durhame , and was holden twelue yeeres almost , captiue in England : but after , he was restored to his liberty . He maried first Ieane , daughter to Edward the second , King of England : and after her death , he maried Margaret Logie , daughter to Sir Iohn Logie , Knight , & died without succession at Edinburgh , in the fortieth yeere of his raigne , and was buried at Haly-rude-house . 99 Edward Ballioll , sonne to Iohn Ballioll , vsurped the crown of Scotland , being assisted by Edward the third , King of England , in the yeere of the world , 5302. In the yere of Christ 1332 But he was expelled at length by Dauid the 2. his Regent , and Dauid the second established King. 100 Robert the second , surnamed Bleare-eie , the first of the Stewards , sonne to Walter Steward , and Margery Bruyse , daughter to K. Robert Bruyse , succeeded to his mothers brother , in the yeere of the world , 5341. In the yeere of Christ , 1371. A good and a peaceable Prince . He maried first Eufem● , daughter to Hugh Earle of Rosse , who bare vnto him Dauid Earle of Strathern , Walter Earle of Athol , and Alexander Earle of Buchan , Lord Badzenoth . After her death , for the affection he bare to his children begotten before his first mariage , he maried Elizabeth Mure , daughter to Sir Adam Mure , Knight , who had borne vnto him Iohn , after called Robert the third , Earle of Carrict , Robert Earle of Fife & Menteith , and Eufeme , wife to Iames Earle of Dowglas . He died at Dun-donald the 19 yeere of his raigne , and was buried at Scone . 101 Robert the third , surnamed Iohn Farne-zeir , succeeded to his father , in the yeere of the world , 5360. In the yeere of Christ. 1390. A quiet & a peaceable Prince . He maried Anabel Drummond , daughter to the Laird of Stobhall , who bare vnto him Dauid the Prince , D. of Rothesay , that died in prison of very extreame famine at Falkland , and Iames 1. taken captiue in his voiage to France , and detained a captiue almost the space of eighteene yeeres in England . He died of griefe and sorrow at Rothesay , when he heard of the death of the one sonne , and captiuity of the other , and was buried at Paisly , in the 16 yeere of his raigne . Robert Earle of Fife and Menteith gouerned Scotland , in the yeere of the world , 5376. In the yeere of Christ. 1406. He died in the 14 yeere of his gouernment , Iames the first being a captiue in England . Murdo Steward succeeded to his father Robert Earle of Fife , in the gouernmēt of Scotland , in the yeere of the world 5390. In the yeere of Christ , 1420 , and ruled foure yeeres , Iames the first being yet a captiue in England . Both the father and the sonne Walter , were executed after , for oppression of the subiects , by King Iames the first . 102 Iames the first began to raigne in the yeere of the world , 5394. In the yeere of Christ , 1424. He was a good , learned , vertuous and iust Prince . He maried Ieane , daughter to Iohn Duke of Summerset & Marques Dorset , sonne to Iohn of Gaunt , the 4. sonne to Edward the 3. the victorious King of England : who bare vnto him , Iames the 2. and sixe daughters , Margaret wife to Lewes the 11. the Daulphine , after King of France , Elizabeth , Dutches of Britayne , Ieane , Countesse of Huntley , Eleanor , Dutches of Austria , Marie , wife to the L. of Camp veere , and Anabella . He was slaine at Perth trayterously by Walter Earle of Athole , and Robert Grahame , & their Confederates , in the 31. yeere of his raigne , if we count from the death of his father ; and in the 13. yeere , if we count from his deliuerance out of England , and was buried at the Charter house of Perth , which he builded . 103 Iames the second succeeded to his father , in the yeere of the word , 5407. In the yeere of Christ , 1437. A Prince subiect to great troubles in his youth , He maried Mary , daughter to Arnold , Duke of Geldre , daughter to the sister of Charles surnamed Audax , the last Duke of Burgandy , &c. who bare vnto him three sonnes , Iames the third , Iohn Earle of Mar , Alexander Duke of Albany , & Mary , wife first to Thomas Boyde , Earle of Arrane , and after his beheading , to Iames Hammilton of Cadzou . He was slaine at the siege of Roxburgh in the 24 yeere of his raigne . 104 Iames the third succeeded to his father in the yeere of the world , 5430. In the yeere of Christ , 1460. A Prince corrupted by wicked Courtiers . He maried Margaret , daughter to Christianus 1. surnamed Diues K. of Denmarke , Norway and Sweden . He was slaine at the field of Bannock-burne , in the 29 yeere of his raigne , & was buried at Cambus-kenneth . 105 Iames the fourth succeeded to his father , in the yeere of the world 5459. In the yeere of Christ 1489. A noble and couragious Prince . He maried Margaret , eldest daughter to Henry Earle of Richmond , King of England , and of Elizabeth , daughter to Edward 4. K. of England , in whose two persons , the two houses of Lancaster and Yorke were vnited , and the bloody ciuill wars of England pacified . He was slaine at Flowdon by England , in the 25 yeere of his raigne . 106 Iames the fift succeeded to his father in the yeere of the world , 5484. In the yeere of Christ , 1514. A iust Prince and seuere . He maried first Magdalene , daughter to Frances 1. King of France , who died shortly thereafter without succession . After , he maried Mary of Lorayne , Dutches of Longevile , daughter to Claude , Duke of Guise , who bare to him two sonnes , that died in his life time , and one daughter , named Mary , mother to our Soueraigne Lord the King Iames that now is . He died at Falkland , in the 29 yeere of his raigne . He was buried at Halyrude-house . 107 Mary succeeded to her father Iames 5. Anno mundi , 5513. Anno Christi . 1543 , a vertuous princesse : she maried first Frances 2. Dolphin , after King of France : then after his death , returning home into Scotland , she maried H. Stewart Duke of Albany &c. Lord Darley , sonne to Mathew , Earle of Lennox , ( a comely Prince , Pronepnoy sonne , the daughters daughter of Henry the seuenth , King of England ) to whom she did beare Iames the sixt . She was put to death in England the eighth of Febr. after eighteene yeeres captiuitie . 108 Iames the sixt , a good , godly and learned Prince , succeeded to his mother in the yeere of the world , 5537. In the yeere of Christ , 1567. He maried Anna , daughter to Fredericke the second , King of Denmark , &c. and Sophia , the daughter of Vlricus the Duke of Mekelburgh , who hath borne vnto him already , Henry Frederick the Prince , the ninteenth of Februarie , 1593. And Elizabeth , the ninteenth of August , 1596. Margaret , 1598 , the 24 of December . Charles , D. of Rosay , the 19 of February . He is now in this yeere of our Lord Iesus Christ 1603. not only King of Scotland where he hath raigned 36 yeeres , but also King of England , France and Ireland , after the decease of our late most gracious Soueraigne Ladie , Elizabeth our Queene , who died the 24 of March now last past . Miracano : Soloccubuit , nox nulla secuta est . FINIS . THE EARLES OF SCOTLAND , THEIR SVRNAMES , TITLES OF HONOVR , THEIR mariages , and names of their chiefe houses . LOdouicke Steward , Duke of Lennox , maried the second sister of Iohn Ruth-vene , Earle of Gowry that now is . His chiefe house , Cruikstone . EARLES . IAmes Hammilton , Earle of Arran , vnmaried : His chiefe house , Hammilton Castell . 2 William Douglasse , Earle of Angusse , maried the eldest daughter of Laurence , now Lord Olephant : his chiefe house , the Castell of Douglasse . 3 George Gordon , Earle of Huntley , maried the eldest sister of Lodouicke , now D. of Lennox , his chiefe house Strath-bogy . 4 Colene Camphell , Earle of Argyle , Lord Iustice generall of Scotland , maried a daughter of William Dowglasse , now earle of Morton : his chiefe house , Inuer-aray . 5 Dauid Lyndesay , Earle of Crawfurd , maried the sister of Patricke , now Lord Drummond : his chiefe house Fyn-heauin . 6 Francis Hay , Earle of Arroll , Constable of Scotland , maried the daughter of William , Earle of Morton : his chiefe house , Slaynes . 7 Iohn Stewart , Earle of Atholl , maried the sister of Iohn , Earle of Gowry , his chiefe house , Blayre-Athole . 8 George Keyth , Earle of Marshell , maried the sister of Alexander , Lord Home , his chiefe house , Dunnotter Castell . 9 Francis Steward , Earle Bothwell , maried the sister of Archbald , Earle of Angus : his chiefe house , Creichton . 10 Andrew Leisly , Earle of Rothes , maried the daughter of Sir Iames Hammilton : his chiefe house , Bambreich . 11 Iames Stewart , Earle of Murrey , vnmaried : his chiefe house , Tarneway . 12 Alexander Cunningham , Earle of Glencarne , maried the eldest sister of Camphell of Glonorchy , Knight : his chiefe house , Kilmawres . 13 Hugh Mont-gomery , Earle of Eglinton , yong , vnmaried : his chiefe house , Ardrostan . 14 Iohn Kenedy , Earle of Cassils , vnmaried : his chiefe house , Dun-vre . 15 Iohn Grahame , Earle of Montroze , maried the sister of Patrike , Lord Drummond that now is : his chiefe house , Kincardin . 16 Patrike Stewart , Earle of Orknay , yoong , vnmaried : his chiefe house , Kirk-wall . 17 Iohn Erskin , Earle of Mar , maried the second sister of Lodovicke , now Duke of Lennox : his chiefe house , Erskin . 18 William Dowglasse , Earle of Morton , maried the sister of the Earle of Rothes that now is : his chiefe house , The Castle of Dalkeith . 19 Iames Dowglasse , Earle of Buquhan , yoong , vnmaried : his chiefe house , Auchter-house . 20 George Sincler , Earle of Caithnes , maried the sister of the Earle of Huntly that now is : his chiefe house , Girnego . 21 Alexander Gordon , Earle of Sutherland , maried the fathers sister of the Earle of Huntly that now is : his chiefe house , Dunrobene . 22 Iohn Grayme , Earle of Monteith , maried the sister of Campbel of Glenorchy , Knight : his chiefe house , Kirk-bryde . 23 Iohn Ruthvene , Earle of Gowry , yong , vnmaried : his chiefe house , Ruthven . 24 The Earle of March. The rents thereof are annexed to the Crowne . THE LORDS OF SCOTLAND . ALexander , Lord Home , maried the eldest daughter of William , Earle of Morton that now is : his chiefe house , Home Castle . 2 Iohn Fleming , Lord Fleming , maried the daughter of the Earle of Montroze : his chiefe house Cummernauld . 3 Iohn Stewart , Lord Innermaith , yong : His chiefe house , Red Castle . 4 Iames Hay , Lord Zester , maried the daughter of Marke , now L. of Newbottle : his chiefe house , Neydpeth . 5 Iohn Maxwell , L. Maxwell , maried the sister of Archebald , Earle of Angusse : his chiefe house , Loch-maben . 6 William Maxwell , now L. Harreis , maried the sister of Mark , now L. of Newbottle : his chiefe house , Terreglis . 7 Thomas Boyd , L. Boyd , maried the sister of the Sherife of Aëre that now is , called Campbell , Knight of Lothiane : his chiefe house , Kilmarnok . 8 Allane Cathcart , L. Cathcart , maried the sister of the Knight of Bargany a Kennedy : his chiefe house Cathcart . 9 Robert Semple , L. Semple , maried the daughter of Hugh , Earle of Eglinton : His chiefe house , Castle-Semple . 10 Alexander Leuingston , L. Leuingston , maried the sister of Francis , now Earle of Arrol : his chiefe house , Callender . 11 Iames Lyndesay , L. Lyndesay , maried the daughter of the Earle of Rothes : his chiefe house , Byris in Lothien . 12 Robert Seyton . L. Seyton , maried the daughter of Hugh Earle of Eglinton : his chiefe house , Seyton by the Sea. 13 Iohn Abirnethie , Lord Salton , yong , vnmaried : his chiefe house , Rothe-may . 14 Robert Elpheston , L. Elpheston , maried the daughter of the Knight of Stobhall , called Drummond : his chiefe house Kil-drymmy . 15 Iohn Lyon , L. Glammis , vnmaried : his chiefe house Glāmis . 16 Patrik Gray , L. Gray , maried the sister of the Earle of Orknay that now is : his chiefe house , Fowlis . 17 Iames Ogilbie , L. Ogilbie , maried the sister of the Knight of Bonitoun : his chiefe house , Boshayne . 18 Andrew Stewart , Lord Ochiltrie , maried the daughter of the Knight of Blarwhan , called Kennedy : his chiefe house , Ochiltry . 19 Henry Sincler , Lold Sincler , maried the sister of the Lord Forbesse : his chiefe house , Rauins-heuch . 20 Hugh Someruell , Lord Someruell , vnmaried : his chiefe house Carne-wath . 21 Iohn Fraser , Lord Louat , maried the Knight of Mackenzies daughter : his chiefe house , Bewly . 22 Robert Rosse , Lord Rosse , maried the daughter of Hammilton of Roploch : his chiefe house , Hakket . 23 Robert Chreichton , Lord Sanquhar , vnmaried : his chiefe house , The Castle of Sanquhar . 24 Laurence Olephant , Lord Olephant , maried the fathers sister of Frances now Earle of Arrol : his chiefe house , Duplene . 25 Patrike Lord Drūmond , maried the Knight of Edgles sister , called Lynsay : his chiefe house Drymmen . 26 Iohn Forbes , Lord Forbes , maried the sister of Seyton of Towch : his chiefe house , Drummenor . 27 Iames Borthuike , Lord Borthuike , maried the sister of the Lord Zester that now is : his chiefe house , Borthuike Castell . Lordships newly erected , since the yeere 1587. 28 IOhn Maitland , Lord Thirlestane , Chancellour of Scotland , maried the fathers sister of the Lord Fleming that now is : his chiefe house , The Castle of Lawder . 29 Alexander Lindesay , Lord Spyny , maried the daughter of Iohn , Lord Glammisse , Chancellor for the time of Scotland : his chiefe house , the Castle of Spyny . 30 Claud Hammilton , Lord Paisly , maried the sister of Robert , Lord Seyton that now is : his chiefe house , Halsyde . 31 Robert Keyth , Lord Altry , maried the heretix of Benholme : his chiefe house Benholme . 32 Alexander Seyton , Lord Vrquhard , President of the Colledge of Iustice , maried the daughter of Patrike , Lord Drummond : his cheife house , Vrquhard . 33 Marke , Lord of Newbottell , maried the sister of the Lord Harreis : his chiefe house , Preistons-graynge . The Bishoricks of Scotland . ARch-bishops . Saint Andrewes . ARch-bishops . Glasgow . Orknay . Caithnes . Rosse . Murray . Abirdene . Brechin . Ilis . Dunkell . Dumblane . Galloway . Argyle . THE ABBACIES , PRIORIES , and Nunries of Scotland . Abbacies . FErne . Kinlosse . Deir . Abirbrothok . Cowper . Scoone . Lundores . Balmerynnoch . S. Colmes Inche . Dunfermeling . Culrosse . Inche-chaffray . Straphillane . Cambuskinneth . Manwell . Hallyrud-house . Newbottle . Kelso . Melrosse . Dryburgh . Iedburgh . Paislay . Kilwinning . Corsragwel . Salsett . Sweet-heart , or New Abbay . Dundranane . Glenluce . Priories . Bewly . Monimuske . S. Andrewes . Pettenweeme . Portmooke . Inche-mahomo . Coldinghame . S. Mary I le . Haly-wood . Blantyre . Pluscarden . Nunries . Hadington . North Berwick . S. Bothanis . Ekkillis . Cauldstreame . The sisters of Seynis . THE NAMES OF THE KNIGHTS OF SCOTLAND . SIR Robert Stewart of Straichtdone , knight . Sir Robert Stewart of Largis , knight . Sir Alexander Stewart of Dalswintone , knight . Sir Iames Stewart of Done , knight . Sir William Murrey of Tillibarne knight . Sir William Dowglasse of Hawyk , knight . Sir Patrik Houstone of that ilk , knight . Sir Iohn Maxwell of neather Pouok , knight . Sir William Leuingstone of Kylsith , knight . Sir Iohn Muir of Cauldwoll , knight . Sir Robert Drummond of Carnoch , knight . Sir Iames Home of Sunlawis , knight . Sir Iames Streueling of Keir , knight . Sir William Ruthuene of Bandane , knight . Sir Hugh Someruell of Lynton , knight . Sir Alexander Stewart of Garleis , knight . Sir Iohn Gourdoun of Lochinuar , knight . Sir Iames Wemis of that ilk , knight . Sir Walter Scot of Branxholme , knight . Sir Patrik Hepbrowne of Lufnes knight . Sir Simon Prestoun of that ilk , knight . Sir Dauid Holme of Wedderburne , knight . Sir Robert Lawder of Popell , knight . Sir Iames Schaw of Sawquhy , knight . Sir Iohn Ed●●stou● of that ilk , knight . Sir William Sinclair of Roslyne , knight . Sir Iohn Colhoune of the Lusse , knight . Sir Iames Cokburne of Skirlyne , knight . Sir Archebald Neper of Edinbelly , knight . Sir Iames Forrest of Corstarfin , knight . Sir Iames Dunbar of Mochrom , knight . Sir Iames Stewart of Cragihall , knight . Sir Iohn Ormistoun of that ilk , knight . Sis Thomas Young of old Bar , knight . Sir Iohn Carmichell of that ilk , knight . Sir Iohn Campbell of Lauers , knight . Sir Iames Iohnstone of Dunwiddie , knight . Sir Iames Meluill of Auld-hill , knight . Sir Alexander Stewart of Garleis , knight . Sir Robert Ker of Sesford , knight . Sir Walter Scot of Brank-sholme , knight . Sir Thomas Kennedy of Cullaine , knight . Sir Iames Scrymgeor of Duddop , knight . Sir Duncane Campbell of Glenorquhy , knight . Sir Iames Scot of Ballwery , knight . Sir Robert Gordoun of Glen , knight . Sir Patrik Gordoun of Auchindoun , knight . Sir George Ogilby of Dunbog , knight . Sir Iames Chesholme of Dundorne knight . Sir Mathew Stewart of Minto , knight . Sir George Balquhannan of that ilk , knight . Sir Iames Edmestoun of Duntreth , knight . Sir Alexander Home of Symbie , knight . Sir George Stewart of Innerketoun , knight . Sir Dauid Lyndesay of Edgell , knight . Sir Thomas Stewart of Garntully knight , Sir Alexander Bruce of Arthe , knight . Sir Walter Ogilby of Finlater , knight . Sir Patrik Bannantine of Kna , knight . Sir Iohn Meluill of Grantoun knight . Sir Andrew Murray Arngosk , knight . Sir Robert Meluill of Murdocarny , knight . Sir Robert Maxwell of Spottis , knight . Sir Iohn Maxwell of Nether-Pooke , knight . Sir Robert Maxwell of Dunwiddie , knight . Sir Richard Cokburne of Clerkingtoun , knight . Sir Iames Lyndesay of Pitroddy , knight . Sir Michael Balfoure of Balgaruy , knight . Sir Robert Meluill of Bruntyland , knight . Sir Iohn Hammilton of Lethrisk , knight . Sir Dauid Lyndesay of the Mont , knight . Sir George Home of Prymroknow , knight . Sir Iohn Anstruther of that ilk , knight . Sir Hugh Carmichell of Westone , knight . Sir Iohn Lyndesay of Wodheid , knight . Sir Iames Saundelands of Slammanno Mure , knight . Sir William Cokburne of Skeirling , knight . Sir Iohn Kar of Hersell , knight . Sir Thomas Gourdoun of Cluny , knight . Sir Iohn Gourdoun of Pitlurg , knight . Sir William Lawder of Haltoun , knight . Sir George Dowglasse , knight . Sir Andrew Stirling of Keir , knight . Sir William Stewart of Kaberstoun , knight . The othe of a Duke . YEe shall fortifie and defend the true and Christian Religion , and Christs holy Euangell , presently preached in this Realme , and shall be leill and true to our Soueraigne Lord , the Kings Maiesty : and shall defend his highnes Realme & lieges , from all allieners & strangers , at the vttermost of your power : so helpe you God , and by the othe that ye haue else made . The othe of an Earle . YEe shall fortifie and defend the true & Christian Religion , & Christs holy Euangel presently preached in this Realm , and shal be leill & true to our Soueraigne Lord the Kings Maiesty : and shall defend his Highnes Realmes and lieges from all allieners and strangers , at the vttermost of your power : so helpe you God , and by the othe that ye haue else made . The othe of a Lord of Parliament . YEe shall giue due and faithfull counsell to our Soueraigne Lord , the Kings Maiesties weale , publikely in Parliament , as in all other places needfull , and secretly according to your knowledge , for the preseruation of his Realme , and Common weale thereof : And shall neuer hide nor conceale anie point of treason or crime of Leismaieste , that shall appeare to be conspired against his said Royall person , but shall incontinent with all possible diligence reueale the same : so helpe you God , and by the othe that ye haue else made . The Othe of a Knight . 1 I Shall fortifie and defend the Christian Religion , and Christs holy Euangel , presently preached in this Realme , to the vttermost of my power . 2 I shall be loiall and true to my Soueraigne Lord , the Kings Maiestie , to all orders of Chieualry , and to the noble office of Armes . 3 I shall fortifie and defend Iustice at my power , and that without fauour or feud . 4 I shall neuer flie from my Soueraigne Lord , the Kings Maiesty , nor from his Highnesse Lieutenants in time of mellay and battell . 5 I shall defend my natiue Realme from all allieners and strangers . 6 I shall defend the iust action and quarrell of all Ladies of Honour , of all true and friendlesse Widdowes , of Orphelings , and of maidens of good fame . 7 I shall doe diligence wheresoeuer I heare there are any murtherers , traytors , ormasterfull Reauers , that oppresse the Kings Lieges , and peure people , to bring them to the Law at my power . 8 I shall maintaine and vphold the Noble estate of Cheualry , with Horse , Harnesse , and other knightly Habiliments : And shall helpe and succour them of the same order at my power , if they haue need . 9 I shall enquire and seeke to haue the knowledge and vnderstanding of all the Articles and points contained in the booke of Cheualrie . All these premises to obserue , keepe , and fulfill , I oblesse mee : so helpe mee , God , by mine owne hand , so helpe mee God , &c. THE NAMES OF THE BARONS , Lairds , and chiefe Gentlemen in euery Sherifdome . Innernes . MAcloyd of the Lewis . Macloyd of Harrich . Donald Gormesoun . Mackneill of Barray . Mulcalloun of Rosay . Iohn Mudzart captaine of the Clanrannalts . The Laird of Glengarry . The L. of Kneydart . Mackenzie . L. of Garloche . L. of Balnagowne . L. of Fowles . Sherife of Cromartie . Dumbeith . Forsse . Otansceale . Mackye . Neill Huchesoun in assent . Macken-tosche . Captaine of the Clanchaniroun . L. of Glenewes . Raynold Mack-raynald of Keppache . Narne . Laird of Caddell . Baron of Kilrawake . L. of Parke . Dolesse of Cantrey . Dolesse of Budzert . Elgin and Fores. The Sherife of Murray . Iames Dumbar of Tarbert . Robert Dunbar of Grangehil , Alexander Dumbar of Kilboyake . The L. of Innes . The L. of Innermerkie . The L. of Duffus . Alexander Innes of Crumby . The L. of Brodie . The L. of Altrie . The L. of Densyde . The L. of Cowbin . L. of Pettendreigh , Dowglasse . The L. of Mayne . The Baron of Vrtane . The L. of Grant. Patrik Grant of Ballindalloche . Bamff . The Laird of Findlator . The L. of Boyne . George Ogiluie of Dunlugus The L. of Durn . The L. of Ley , Abircromney . The L. of Ratie . The L. of Pettendreight , of that ilk . Iohn Ogiluie of Glashanthe . Walter Ogiluie of Baldanie . Walter Ogil . of Carncowsies . Iohn Ogil . of Auchannany . The L. of Auchannaquhy . Adame Gordon of Auchindowne . Alaster Gordon of Beldorny . Abirdene . The Laird of Fyuie . Thomas Meldrum of Eden . The L. of Delgatie . The L. of Vrie . The L. of Petslégo . The L. of Fillórth . Troupee . The L. of Pettindrum . New forrest . Mueske . The L. of Boquhollie . The L. of Towie . L , of Vdache . The L. of Garnestoun . The L. of Geych . The L. of Petlurge . The L. of Lesmoir . Craig of Achindoir . The L. of Abirgeldie . The L. of Clunie , Gordon . Iohn Gordon of Carnborrowe . Iohn Gordon of Anachie . Robert Gordon of Halhead . Iohn Gordon of Kennartie . Alexander Gordon of Knoke-spak . George Gordon of Auchmenzie . Master William Gordon of Dulpersie . George Gordon of Creichie . The L. of Corfindá . The L. of Bruix . Iohn Forbes of Towy . The L. of Corse . The L. of Asslow●ne . The L. of Cragular . Master Duncane Forbes of Monimusk . Iohn Forbes of Poffling . The L. of mekle Frasyre . The L. of Carndauie . The L. of Petféchie . The L. of Achinhoofe . The L. of Auchlossin . The L. of Cushuie . The L. of Skene . The L. of Thamestoun . The L. of Tulligownie . Patrik Gordon of Bracanch . The L. of Portestoun . The L. of Caskyben . Patrik Keyth of Harthill . William Keyth of Lyklyheid . The L. of Balquhane , Leslie . The L. of Warderis . The L. of Petcapill . The L. of Leslie . Andrew Leslie of new Leslie . Patrik Leslie of Kincragy . Alexander Leslie of Dyce . The L. of Glake . The L. of Meldrum . Seyton . The L. of Stralóth . The L. of Toquhone . The L. of Ondney . The L. of Essilmont . Cheyne . The L. of Arnaigé . The L. of Petmeddun . The L. of Dumbrek . The L. of Haddó . The L. of Tibbertie . The L. of Lesk . The L. of Feuerne . The L. of Colestoun . The L. of Auchinhampers . The L. of Tullet . L. of Fendraucht , Creichton . The L. of Kelty . The L. of Culter . The L. of Sanquhin . The L. of Echt. The L. of Glenkindy . The L. of Wattertoun . The L. of Tillemorgund . Iames , king of Barrauch . William Blakehall of Barrauch . The L. of Randeistoun . The L. of Gartly . The L. of Achmacoy . Kincardin or the Mernes . The Laird of Glenberuie , Dowglasse . The L. of Petarro , Wishert . The L. of Lawrestoun . The L. of Arbuthnot . The L. of Thornetoun , Balbegenot Wood. The L. of Hakerton , Falconer , Kelhyll . Archibald Wood of witston . Robert Keith of Canterland . L. of Matheris . L. of Morphie . Allerdes . Balmayne . Bry. Halgreene . The L. of Muchales . Dulyward . Monbodo . Cair . The L. of Benholme . Iohn Moncurre of Slaines . Forfaire . The L. of Dun. The L. of Balnamone . Colloss . The L. of Balzordy . The L. of Edzell , Lyndesay , The L. of Kinnaber . The L. of Craig , Keyth . The L. of Vllishauen . The L. of Dysert . Robert Guthré of Lownane . Andrew Gray of Donynad . Robert Guthré of Emblathmont . The L. of Bonnytoun . The L. of Kinnard● . Arrot . Auld-bar . L. of Guthré . Hilton . The L. of Kilcadrum . Halkerton Guthré . L. of Gardin . The L. of Lyes . The L. of Kelly . The L. of Innerquharratie , Clouay . The L. of Balfour , Ogiluie . The L. of Powrie , Ogiluie . Duntrune The L. of Balumbrée . The L. of Grainge , Durham . Lawes . Westhall . Strikmartine . L. of Teling . The L. of Lundie , Campbell . The L. of Auchinlecke . The L. of Carmylie . Strathauchin of Claypots . Constable of Dundie , Skrimgore . The L. of Powrie , Fothringhame . The L. of Fintrie , Grayme . The L. of Clauerhous , Grayme L. of Innernitie , Creichton . Andrew Gray of Lowrie . Brigtoun . Cossumes . Thorneton of that ilk . Lyon of Wester , Ogyll . Fenton of Easter , Ogyll . The L. of Casse , Reynd . Melgund . Logywischert . L. of Drumkilbo , Tyrie . Duncany . Logie Mekle . Cowtie . Alexander Lindsay of Vaine . Dauid Lindesay of Barnyard . Kingany . Vnnaquhy . Gagy . Thomas Ogiluie of Westcraige . Iohn Ogiluie of Innerkeillour . Archibald Ogiluy of Lawton . Balmly . The L. of Rossie of that ilke . Perth , and Stewartries of Stratherne and Monteith . The Laird of Petcur . The L. of Ruthuene . The L. of Banff , Ogiluie . George Creichton of Camnay The L. of Balgilbo . Gormotre . Ardblair . The L. of Drumlochie . George Drommond of Blair . The L. of Lethintree , Herring . Mekillour . Rettray of Craighall . L. of Murthlie , Abircrombie . The L. of Moncur . Inchesture . The L. of Inchemartyne . The L. of Kynnard . William Bruce of Fingask . Patrik Gray of Belligarnó . Patrik Drummond of Abirnethie . Euillilke . The L. of Kilspindie . Peter Hay of Moeginche . L. of Leyis . L. of Hill. Murey . Petfour . Segydén . The L. of Kilfawnes , Lyndesay . The L. of Bathyóke , Blayre . The L. of Balhou●ie . The L. of Ballindayne . The L. of Cultmalondie . Moncreif of that ilk . Easter Monctreif . Baron of Fingask , Dundas . The L. of Cragie . Patrik Murray of Tibbermure . Tibbermallauch . Kinuaid . L. of Innernytie , Creichton . The L. Strathurde . Loncardie . L. of Glennurquhy , Campbel . The L. of Weym . The L. of Garntullie . The L. of Glenlyoun . Baron of Fandowy . L. Strowane , Robertson . Arntillie . Fastcalzé . Baron Read. Baron Ferguson . Baron Cunyson . Baron of Monnesse . Innermytie , Petcarne . Balmamo , Aflek . L. of Duncrub , Rolloc . L. of Keltie . L. of Tullibarden . L. of Abircarnie . Strowane . Patrik Murray of Auchtertyre . George Drummond of Ballot L. of Innerpeffré . Iohn Drummōd Coquholzé . Baron of Bordland , Drummond . L. of Perkellony , Drummond . Cultiuragane . L. of Comrie . Cromlix . L. of Laweris , Campbell . Monyware . Monzé . Cultoquhay . Gorthie , Lundy . L. of Inchbrachy . L. of Keir . L. of Kippanrosse . L. of Knokhill . L. of Laeny . L of Glennegeis , Haddan . Blair of Bagray . Alexander Ruthuen of Frélands . George Norrie of Boquhoppill . Fyfe . L. of Mukdrum . L. of Baluaird ; Murray . L. of Casche . L. of Rossie . L. of Halhill , Meluill . Iohn Arnot of Woodmill . L. of Perbroth , Seyton . L. of Culermie , Barclay . Iohn Aiton of Drummure . L. of Creich , Betone . L. of Fairnaie . Sir Alexander Lindsay of the Mont , Lyon King of Armes . Sir Robert Meluill of Murdocarnie . Francis Tullos of Hilcarnie . L. of Monquhany , Balfoure . L. of Nauchtane , Creichton . L. of Kenneir . L. of Forret . Iohn Leslie of Parkhill . L. of Carselogie , Claypen . L. of Wilmerstoun . L. of Dersy , Learmont . Kembake . Brachmont , Nydie . L. of Sandfurde , Haye . L. of Sandfurde , Narne . Dauid Balfoure of Kirktoun . Cullochie . L. of Erlishall , Bruce . L. of Reres , Forbesse . Alexander Inglis of Stratyrum . L. of Inglis Tarbet . Craighall . Patrik Kinninmont of Callinche . Blaebó . Lathóccar . Balfoure of Lambilaethame . Kinkell . L. of Petmylie . L. of Ardrie , Lummisdayne . L. of Balcomye , Learmont . L. of Barnys . L. of Saegy . L. of Camnó . Randerstoun . L. Saint Monanes , Sādelands . L. of Anstruther . L. of Carruber . L. of Ardrós . Sanfurd , Dudingstoun . Gordonishall . L. of Balkaskie , Strang. L. of Largo , Wode . Kincraig . Giblestoun . Innerdeuat . L. of Lundie , Lundie . L. of Durie , Durie . L. of Bafoure , Beton . L. of Balgonie . L. of Lorrie , Wardlaw . Further , Petcarne . Kirkfurther . Peter Balfoure of Bandone . L. of Cletty , Ramsay . Gondlane . L. of Ramornie . Lathriske . Orky . William Skringeour of the myres . Arnot . Stratherney . Auchmowtie . L. of Easter Wemes , Coluill . L. of Wester Wemes , Weymes . L. of Abats Hall , Scot. L. of Raith , Meluill . L. of Balwerie , Scot. L. of Bamowtow , Boswell . L. of Seyfeild . Orroke . Iohn Beton of Capildrá . Balram . Walter Lesly of Otterstoun . Aytoun . Martyme . L. of Pettincreif . L. of Petfirrane . L. of Rossythe , Stewart . L. of Dowhill . L. of Cleische , Coluill . Kinrosse . L. of Lochleuen , Dowglasse . L. of Burlie , Balfoure . Clackmannan . L. of Clackmannan , Bruce . L. of Tulliallane , Blacater . L. of Sawchy . Bruce of Kennet . L. of Maner . Striuiling . L. of Garden . L. of Arthe , Bruce . L. of Carnoke , Drummond . L. of Carnoke , Bruce . L. of Plean . Goodman of Kersie . Goodman of Throske . Archibald Bruce of Powfowles . Dauid Bruce of Kinnaird . Thomas Bruce of Barbarschels . M. Dauid Rollok of Powes . L. of Skemure . L. of Denneuay . L. of Donipace , Leuingston . L. of Haning . L. of Pentasken . L. of Castelcarie . L. of Kerss , Monteith . L. of Polmaiss . L. of Towch , Seyton . L. of Leckie . L. of Gargunnoke , Seyton . L. of Randifurde . Iohn Buchannan of Arnpriour . Iohn Shaw of Broiche . Linlithgow . Sheriffe of Linlithgow , Hammilton . L. of Dundas , Dundas . L. of Cragiehall , Stewart . L. of Barnebowgal , Mowbray . Iames Dundas of Newliston . Alexander Drummond of Medope . Robert Hammilton of Inchmachane . Mungo Hammilton of Pardonen . Iohn Hammilton of the Grainge . L. of Ballinhard , Cornwell . L. of Ricarton , Hepburne . Durhame of Duntervie . Bathcart , Hammilton . Edinburgh principall . L. of Cawder , Sandelands . L. of Halton , Lawder . L. of Pumphraston , Dowglass . Hirdmanschelis . L. Barbachlaw , Cochran . Lennox . L. of Stanypéth . L. of Dalmohoy . L. of Ricarton , Drummond . L. of Currihill , Wardlaw . L. of Colingtoun , Fowlis . L. of Reidhall , Otterburne . L. of Cowmistoun , Fairlie . L. of Costorphin , Foster . L. of Brade , Fairlie . L. of Marchistoun , Neper . L. of Innerleith , Towris . L. of Laureistoun of that ilk . L. of Pilrig , Monipenie . L. of Restalrig , Logane . L. of Cragmiller , Preston . L. of Edmiston of that ilk . L. of Nuderie , Wachop . Hill of that ilk . L. Brunstoun , Creichton . Edmeston of Wowmet . Hay of Mounktoun . L. Shiref-hall , Gyffert . L. of Langton . Bellendyne of Leswade . L. of Dalhousie , Ramsay . L. Kokpen , Ramsay . Whytehill , Preston . Poultoun . L. of Rosling , Sincler . L. of Pennicuke of that ilk . L. Newhall , Creichton . L. Southhouse . Elphingston of Schank . Constabularie of Haddington . L. Fawsyde of that ilk . L. Elphingston , Iohnstone . L. Prestoun , Hammilton . L. of Langnederie , Dowglasse . L. of Ormestoun , Cokburne . L. of Hirmedstoun . L. of Blansse . L. of Samelstoun , Hammilton . L. of Newtoun . L. Newhall , Cockburne . L. of Clerkintoun , Cockburne . L. of Colstoun . L. of Talló , Hay . L. of Benestoan . L. of Stanypéth . L. of Whittinghame , Dowglasse . L. of Cosfurde , Acheson . L. of Wauchton , Hepburne . Hepburne of Gylmerton . Hepburne of Smeton . Hepburne of Kirklandhill . L. of Sydserff . L. of Congilton . L. of Knowes . L. of Scowgall . Sincler of Whytekirk . L. of Bas , Lawder . L. of Spot , Dowglasse . L. of Innerwike , Hammilton . L. of Broxmouth , Home . Alexander Home of Northberwike . Robert Home of the Hewch . L. of Waddalie . Hartrem Wood. Berwike and Lawderdaill . L. of Wederburne , Home . L. of Blacatour , Home . L. of Aytoun , Home . L. of Coldenknowes , Home . L. of Polwart , Home . Home of Manderstoun . L. of Huton hall , Home . L. of Langton . L. of Cockburne . L. of Billie , Renton . L. of Blanerne , Lummis-dayne . L. of Cumleche , Aflek . L. of Edingtoun . Slychthous . Butterdayne . Hoprig . Easter Nisbet . West Nisbet . Wedderlie . Thorniedykes . L. of Spottiswood . Cranston of Thirlstanemaines . Corsbie . Bemersyde . Mertoun . L. Swyntoun . L. Redpeth . Greenlaw . Lochurmacus . L. Gammilscheilis , Home . Wyliclewcht . Roxburgh . L. of Cesfurde , Ker. L. of Lilteldane , Ker. L. of Greynheid , Ker. L. of Corbet , Ker. Gradon , Ker. Ker of Gaitshaw . Mow. Haddane . Shiriffe of Teuiotdail , Dowglasse . Tympenden . Hundeley . Hunthill . Edzarstoun . Bedreull , Turne-bull . Mynto . Wawchop . William Turnebull of Barnhils . George Turnebull of Halreull . Hector Lorane of Harwood . Grinyslaw of little Newton . Mader of Langton . Mungo Bennet of Cheftis . Ouertoun , Frasier . Riddale of that ilk . L. Makkayrstoun , Makdowgal . Andrew Ker of Fadownsyde . L. of Backcleuch , Scot. Raph Haliburton of Mourhouslaw . Thomas Ker of Cauers . Howpasloth , Scot. Baron Gledstanes . Langlands . William Ellot of Torsly hill . Scot of Sintoun . Scot of Eydschaw . Walter Vaich of Northsintoun . Scot of Glaeke . L. of Chesholme of that ilk . L. of Cranstoun . Kirktoun of Stewartfield . L. of Linton , Ker. Ker of Ancrum . Carncors of Colmissie . Selkirk . Murray of Fawlahill , Sheriffe . Scot of Tuschelaw . Scot of Thirlstane . Scot of Aikwood . Turnebull of Phillophauch . Ker of the Shaw or Dalceiff . Hoppringle of Galloscheilis . Hoppringle of Whytebank . Hoppringle of Torwodley . Hoppringill of Blindley . Hoppringill of Bukholme . Hoppringill of Newhall . Peibles . The Knight of Traquair , Stewart . ● of Pyrn , Cranston . L. of Horsburgh . L. of Greistoun . L. of Cardrono . L. of Henderstoun . L. of Smeythfield , Haye . Winkistoun , Twedie . L. of Blackbarrony , Murray . Bernys . Cauerhill . Fowllaeche , Stewart . L. of Drummelzear , Twedie . Dawik . Pobinde . Frude . Halkshaw . Glengirk . Geddes of Rachane . Inglis of Langlandhill . L. of Straling . Hartire . Romannos . Prettishoill . Meluingsland . Ormestoun . Bonytoun . Posso , Nasmyth . Iohn Hammilton of Coltcote . Lanerk . Captaine of Crawfurde Castle , Carmichell . L. of Carmichael . L. of Lamington , Baillie . L. of Bakebie . L. of Symontoun . L. of Cultérmaines . Flemming of Carwood . Dowglasse of Todholes . West-hall , Grahame . Baillie of the hilles . Menzeis of Culterrawes . L. of Westraw , Iohnestone . L. of Annestoun . L. of Cobingtoun , Lyndesay . Crimpcramp . Hammilton of Crawfurde-Iohne . L. of Ley. L. of Cleghorne , Barclay . L. of Corhouse , Bannatyne . Ierverswod , Leuingstoun . Bonytoun , Cunninghame . Blackwood . Staniebyres . Auchtyfardill . Weir of Kirktowne . L. Cambusnethan , Someruel . L. of Carphin , Baillie . Cleland . Murdeistoun . Ieruestoun . Ernoke . Lawchope . Steuingstoun . Hammilton of Roploch . Hammilton of Hagges . Hammilton of Lethame . Hammilton of Orbestoun . Hammilton of Nelisland . Hammilton of Stanehouse . L. of Siluertonhil , Hammilton . L. of Dunrod . L. of Calderwood , Maxwell . L. of Castelmylk . L. of Mynto , Steward . L. of Gilbertfield . Renfrew . Cathcart . Ouer-Pollok . Neather-Pollok , Maxwell . L. of Stanelie . L. of Iohnstoun , Wallace . L. of Ellerslie , Wallace . L. Houstoun . Newerk . L. Caldwell . Shaw of Grenoke . Crawfurd of Cartisburne . Cunninghame of Waterston . L. Craganis . Walkinschaw . Barrochane . L. Biltries , Semplo . Barscube . L. Boghall , Stewart . Bishoptoun . Cardonald , Stewart . Foulwood . Thirdpart . Wheitfurne . Scottistoun . Ardgowane . Balgarrane . Ramfurley . Porterfield of that ilke . Raálstoun . Dumbretoun . L. of Lusse . L. of Cowgrane . L. of Ardardane . L. of Arnecapill . L. of Kilmahòw . Bullull . Manis . Balney . Noblestoun . Camstródane . Darleith . Hammilton of Cochnó . Craigernalt . Gloret . Striueling of Letrer . Lucas Striueling of Baldorrane . Edmistoun of Balewin . L. of Bardowie . L. of Kincaid . L. of Woodhead . L. of Blairshógill . L. of Ballykinrane . L. of Auchinloche . L. of Kilsythe , Leuingston . L. of Baddinheth , Boyd . Bord. Drumry , Hammilton . L. of Kilcrewch . Gartskeddane . Gartschoir . L. of Mackferland . L. of Buquhannane . L. of Drummakcill . Tarbert . L. of Auchinbrek . L. of Archinlais , Campbell . L. of Lawmont . L. of Macklawchlane . Macknachtan . Skippinche . Ottir . Duntrune . Straquhir . Mackowle of Lorne . Iohn Stewart of Appin . Mackondoquhy of Inneraw . Mackoneil of Dunniveg and Glennes . Macklane of Dowart . Macklane of Cowle . Macklane of Lochbwy . Macklane of Arndnamurchy . Bute . The Sheriffe of Bute , Stewart . The L. of Camys . Aere and Bailleries of Kyle , K●●rik and Cunninghame . L. of Kilburnie . L. of Crawfurdland . L. of Ladyland , Barclay . Auchnamys . L. of Kerrisland . L. of Kelsoland . Trierne . L. of Glengarnoke . L. of Cunninghame heid . L. of Auchinharuie . L. of Aiket . Cunninghame . L. of Clonbaith . Montgomerie . L. of Longshaw . L. of Heslet . Giffin . Stane . Braidstane , Montgomerie . L. of Blair . L. of Portincorsse . L. of Huncarstoun . L. of Fairlie . L. of Dreghorne . L. of Perstoun , Barclay . L. of Rowallane , Mure. L. of Montgrenane . L. of Robertland , Cunninghame . Cunninghame of Towrlands . Cunninghame of the hill . Sheriffe of Air. Cesnockle . Skeldoun . Campbell of Glenoske . Campbell of Kinzeclewcht . Gastoun , S●ewart . Halrig . Hammilton of Sanquhair , Sornebeg . L. of Bar. L. of Craggie-wallace . Carnell . Wallace . Sewalton . Wallace . Dundonald . Adamtoun . Gairgirth . Chalmers . Lefnoreis . Crawfurde . Kerst . Crawfurde . Doungane . William Crawfurde of Clolynane . Dowglasse of Penieland . Cunninghame of Lagland . L. of Caprington . Cunninghame . Cunninghame of Poquharne . Shaw of Glenmure . L. of Eutirkin . Dunbar . L. of Scankistoun . Campbell . L. of Barkymmem . Stewart . L. of Auchinlek . Boswell . L. of Bargany . Kennedie . L. of Blairquhane . Kennedie . Kennedie of Giruanmaynis . Kennedie of Skeldon . L. of Carmichaell . Goodman of Ardmillane . Goodman of Dromnellane . Kennedie of the Coist . Balmaclennochane . L. of Kelwood , Currie . L. of Carltowne . Cathcart . Kennedie of Knotidaw . Kennidie of Bramestoun . Boyde of Penkill . Boyde of the Throchrig . L. of Dundaffe . L. of Kilkerane . L. of Kilhenzie . Kennedie of Tornagannoch . Schaw of Halie . Schaw of Germet . Wigtoun . L. of Garlies , Stewart . L. of Mochrum , Dumbar . L. of Garthland , Makdowgall . Agnew Shirefe of Wigton . L. of Kynhylt . L. of Ardwell , Makculloch . Killassyre . Laerg . L. of Maerton , Maggeé . L. of Maerton , Mackulloch . L. of Barnbarrawch , Vaus . L. of Craichlaw , Mure. Kennedie of Barquhome . Kennedie of Vchiltré . Campbell of Arie. Dumfreis , with the Stewartries of Kirkenbright , and Annandail . L. of Lochin-war , Gordon . L. of Troquhayne , Gordon . L. of Barskeoche , Gordon . L. of Airdis , Gordon . Sheirmaes , Gordon . Gordon of the Cule . L. of Broghton , Murray . L. of Dalbatie . L. of Portoun , Glendonyng . L. of Bumby , Mackclellane . Mackclellane of Maerton . L. of Cardenes . Lidderdaill of S. Mary I le . Lindesay of Barcloy . Heries of Madinhoip . L. of Mabie , Heries . Macknaucht of Kilquhanatie . Glenduynning of Drūrasche . Maxwell of the Hill. Sinclair of Auchinfranke . Maxwell of the Logane . Maxwell of Dromcoltrane . Stewart of Fintillauche . Leuingston of little Ardis . L. of Drumlanrig , Dowglasse . Dowglasse of Gashógill . Creichton of Carco . Creichton of Liberie . Mackmath of that ilk . Dowglasse of Daluene . Menzies of Castelhill . Menzies of Auchinsell . L. of Auchingassill , Maitland . L. of Closburne , Kirk Patrik . Kirkmichaell . Goodman of Frier , Kersse . L. of Lag , Greir . L. of Amysfield , Charterhouse . Maxwell of Gowhill . Maxwell of Porterrake . Maxwell of Tynwald . Maxwell of Conhaith . Maxwell of Carnsallauch . Maxwell of the I le . Browne of the Lawne . Cunninghame of Kirkschaw . L. of Craigdarroch . L. of Bardannoch . Kirko of Glenesslane . Ballaggane . L. of Iohnestoun . L. of Wamfrá , Iohnestone . L. of Eschescheiles . L. of Corheid , Iohnestone . L. of Corry . L. of Newbie , Iohnestone . L. of Graitnay , Iohnestone . Iohneston of Craighop-burne Iohneston of Newton . Iohneston of Kirkton . L. of Apilgirth , Iarden . L. of Holmends . L. of Cock-poole , Murray . L. of Moryquhat . L. of Wormondby . L. of Knok . Goodman of Granton . Boidisbyke . The names of the principall Clannes , and surnames on the Borders not landed , and chiefe men of name amongst them at this present . EAST MARCH . Brumfieldes . IOhn Brumfield , Tutor of Greynelawdeyne . Adame Brumfield of handaikers . Brumfield of Pittilesheuche . Alexander Brumfield of Eastfield . Alexander Brumfield of Hasilton maines . Iames Brumfield of Whytehouse . The Laird of Toddorike . Alexander Brumfield of Gordon maines . Trotter . The Laird of Pentennen . William Trotter of Fouleschawe . Cuthbert Trotter in Fogo . Tome Trotter of the hill . Diksons . The Goodman of Buchtrig . The Goodman of Bolchester . Dikson of Haffington . Dikson in new bigging . Ridpeths . Thomas Ridpeth of Crumrig . Alexander Ridpeth of Angellraw . Haitlies . The Goodman of Lambden . Iohn Haitlie of Brumehill . George Haitlie in Hordlaw . Laurence Haitlie in Haliburton . Gradenis . Iasper Graden in Ernislaw . Youngs . Iames Young of the Cri●●e . Will Young of Otterburne . Dauid Young of Oxemsyde . Williā Scot of Feltershawes . Dauisons . Roben Dauison of Symeston . Iok Dauison of Quhitton . Iames Dauison of Byrnirig . George Dauison of Throgdā . Pringils . Iames Hoppringill of Towner . Wat Hoppringill of Clifton . Iohn Hoppringil of the Bēts . Dauid Hoppringill of Morbottle . Tates . Will Tate in Stankfurde . Dauid Tate in Cheritries . Dauid Tate in Bair-ers . Will Tate in Zettane . Middlemaists . Robin Middlemaist in Milrig . Burnes , Dauid Burne of Ellisheuch , Raph Burne of the Coit . Dagleschis . Iok Dagleisch of Bank. Robert Dagleisch in wideopē . Gilchristis . Hugh Gilchrist called of Cowbene . Will Gilchrist in Cauertoun . MIDDLE MARCHES . Hall. Iohn Hall of Newbigging . George Hall , called Pats Geordie there . Andrew Hall of the Sykes . Thom Hall in Fowlscheils . Pyle George Pyle in Milkheuch . Iohn Pyle in Swynside . Robeson . Raph Robeson in Prēderlech . Rinzean Robeson in Howstō . Anislie . William Anislie of Fawlaw . Lancie Anislie in Cxnem . Oliuer . Dauid Oliuer in Hynhācheid Will Oliuer in Lustruther , George Oliuer in Clareley . Laidlow . Ryne Laidlow in the Bank. Iohn Laidlow in Sonnyside . LIDDISDAIL . The Laird of Mangerton . The Lairds Iok . Chrystie of the Syde . Quhithauch . The Laird of Quhitauch . Ionie of Quhitauch . Sym of the Maynes . Merietoun quarter . Archie of West burnflat . Wanton Sym in quhitley side . Will of Powderlanpat . Ellots . Redhench . Robert Ellot , and Martyne Ellot . Thoirlishop . Rob of Thoirlishop , Arthure fire the Brays . Gorrumbery . Archie Keene , Will of Morspatriks hors . Parke . Ionie of the Parke , Gray Will. Burnheid . Gawins Iok , Adé Cowdais . Welshaw . Will Colichis Hob , Hob of Bowholmes . Niksons . Iohn Nikson of Laiest burne . Georgies Harie Nikson . Cleme Nikson , called The Crune . Crosers . Hob Croser , called Hob of Ricarton . Martine Croser . Cokkis Iohn Croser . Noble Clemeis Croser . Hendersons . Rinzian Henderson in Armiltonburne . Ienkyne Henderson in Kartley , Debaitable Land. Sandeis Barnes Armestrangs . Will of Kinmonth . Krystie Armestrang . Iohn Skynbanke . Lardis Rinzians gang . Lairdis Rinziane . Lairdis Robbie . Rinzian of Wanchop . Grahames . Priors , Iohn and his Bairnes . Hector of the Harlaw . The griefes & cuts of Harlaw . EWISDAIL . Armestrangs of the Gyngils . Ekké of the Gingils . Andrew of the Gyngils . Thome of Glendoning . Scots . Thome the Flower . Anfe of the Busse . Ellots . Iohn the Portars sonne . Will of Deuislies . Will the Lord. ESKDAIL . Battisons of Cowghorlae . Dauid Batie . Hugh Batie . Mungoes Arthurie . Adame of the Burne . Batisons of the Scheill . Nichol of the Scheill . Androw of Zetbyre . Iohn the Braid . Wat of the Corse . Iohnes . Iohn Armstrang of Hoilhons . Iohn Armstrang of Thornequhat . Wil Armestrāg of Ternsnihill . Littils . Iohn Littill of Cassoke . Thome Littill of Finglen . Ingrahames Archy Littill . ANANDAIL . Irwingis . Edward of Bonschaw . Lang Richies Edward . Iohn the young Duke . Chrystie the Cothquhat . Willie of Graitnayhill . Bellis . Will Bell of Alby . Iohn Bell of the Tourne . Mathie Bell called the King. Andro Bell called Lokkis . Androw . Will Bell Reidcloke . Carlilles . Adame Carlile of Bridekirk . Alexander Carlile of Egleforhame . Grahames . George Grahame of Reupatrik . Arthour Grahame of Blawoldwood . Richie Grahame called The Plump . Thomsons . Young Archie Thomson . Sym Thomson in Polloden . Romes . Roger Rome in Tordoweth . Mekle Sandie Rome there . Gassis . Dauid Gasse in Barch . Iohn Gasse , Michaels sonne in Rig. THE SHRIEFDOMES AND Shriefs of Scotland . Orknay , The Shriefe thereof heritable , Earle of Caythnes . Innernes , The Earle of Huntlie . Cromartie , Vrquhart of Cromartie . Narne , Iohn Campbell of Lorne . Elgene and Forress , Dumbar of Cumnok . Abirdene , The Earle of Huntlie . Kincardin , The Earle of Marshall . Forfar , The Lord Gray . Perth , alias Saint Iohnstone , The Earle of Gowry . Fyfe , The Earle of Rothosse . Kynross , The Earle of Morton , of Lochleuin and Dalkeyth , Clackmannan , The knight of the Karss . Sterling , The prouost of the towne for the time . Dumbarten , Earle of Lennox Sterling-shire , extra Burgum , The Earle of Mar. Tarbart , The Earle of Mar. Laynrik , The Earle of Arran , Lord Hammilton . Renfrew , The Lord Sampill . Aere , Campbell , Knight of Lowdon . Wigton , Patrik Agnew , of that ilk . Drumfreis , Lord Sanquhat . Pebles , Lord Zester . Selkirk-Murray , of Fallahill . Roxburgh , Dowglasse of Cauers , called sherife of Tiuidaill . Barwik Lord Home . Edinburgh , The prouost of the Towne for the time . Lothien , The Earle Bothwell . The Cunstabularie of Hadington , The Earle Bothwell . Lithgow , Hammilton of Kenneill . THE STEWARTRIES OF SCOTLAND . Stratherne . Monteith . The Lord Dr●mmond . Kircudbricht . Annandaill . The Lord Maxwell . THE BAILLERIES OF SCOTLAND . Kyle , The Knight of Cragy wallace . Carik , The Earle of Cassils . Cunninghame , The Earle of Eglinton . THE ORDER OF THE CALLING of the Table of the Session . Munday . Redemptions of lands . Reductions of all kinds . Transferrings . Losse of Superiorities . For making , sealing , and subscribing of Reuersions . Tewsday . Recent spoiles without the time of vacants . Acts of Aiurnall . Wednesday . The common Table of the foure quarters of the Realme , by order , euery one after another , as is diuided in the acts of the Institution , in the print books of Parliament . Thursday . The same Table . Friday . The Kings actions , strangers , the poore . Saturday . The Lords of Session , and members thereof , The Prelates , payers of contribution , and the common Table foresaid . And vpon the Wednesday and Thursday , to cal common priuileged matters , such as Hornings , Free-persons , Euidents , Fortalices , Warnings , Letters conforme to rolements , Decreits , Arbitrailes , Taks , Pensions , Ordinarie letters , Gifts , Registring of contracts , Actions to become ciuill or prophane , Double poindings , Billes , Supplications , And their last actions to be called of new by ordinance of the Lords of Session , for expedition of causes . The Shires of Scotland . The Shires of the first quarter as followeth : that is to say , Forfair , Kineardin , Banff , Elgin , Forres , Narne , Innernes , and Cromartie . The Shires of the second quarter , Edinburgh , Lynlythgow , Selkirk , Roxburgh , Peblis , Berwick , and Hadington . The third quarter , Striuiling and Renfrew , Lanerk Wigton , Dumfreis , Kilcudbright , and Annandaill . The fourth quarter , Perth , Clackmannan , Argyle , and Bute . The Senators begin their sitting and rising as followes . They begin to sit downe in Edinburgh , on the morne after Trinitie Sunday , while the first day of August , and after to be vacant while the first day of Nouember next ensuing ; and then to begin and sit , while the xix . day of March next , & then to be vacant , while the morning after Trinitie Sunday , as aforesaid . THE NAMES OF THE FREE BVRROWES , subiect to pay extent and subsidie within Scotland . SOVTH . Edinburgh . Sterling . Lithgow . Rothsaye . Dumbarten . Renfrew . Ruglen . Aere . Irwing . Glasgow . Kircudbricht . Wigtoun . Whithorne . Laynerik . Iedburgh . Sel-kirk . Peblis . NORTH . Abirdene . Dundie . Saint Iohnston , aliâs Perth . Banffe . Dumfermeling . Carraill . Forfar . Brechin . Mont-rosse . Elgene . Innernes . Arbrothe . Saint Andrewes . Cowpar . Cullane . Fores. The Kings Palaces and Castels . Haddington . North-Barwick . Dumbar . Drumfreis . Narne . Thaine . Dysert . Kirkady . Palaces appertaining to the King. THe Palace of Halyrud-house , beside Edinburgh in Lothien . 2 The Palace of Dalkeyth , reserued for the vse of the Prince , with the Orchard , Gardens , Banks , and wood adiacent thereunto , within foure miles of Edinburgh . 3 The Palace of Lithgow , within the towne of Lithgow , in Lithgow-shire 4 The Palace of Falkland , and the towne of Falkland adiacent thereunto , with the Parke : In Fyfe . Castels appertaining to the King. Desert . The Castell of Roxburgh , now demoleist by the Lawe , and by the commaundement of the King , and three Estates : In Teuiotdaill . The monuments yet stand to this houre , but desert . The Castell and fortalice of Dumbar , a house of great strength : till within these late yeeres , it was demoleist by Iames Earle of Murray , Regēt of Scotland . In Lothien . Desert . 1 The Castell of Edinburgh , inhabited by Iohn Earle of Mar. 2 The Castell and strength of of Blacknes in Lothien , inhabited by Sir Iames Sandelands . 3 The Castel and strength of Sterling , inhabited by Iohn Earle of Mar , and his Deputies . 4 The Castell of Dumbarton , inhabited by Iohn Lord Hammilton . 5 The Castell of Lochmaben in Annandaill , occupied by the Lord Maxwell . 6 The Castell of Kirkwall , in Orknay , appertaining to the King , inhabited by the Earle of Orknay . A true description and diuision of the whole countrey of Scotland : of the situation , distance and commodities in euery part thereof . SCotland is diuided from England , first , by the high hilles of Cheuiot , and where the hilles doe end , by a wall called , The Marchdike , made in our time ; and then by the waters , Esk and Seloua . By North , those borders from the Scots sea to the Ireland sea . The Countries lie in order as followeth : The Maers ( wherein stands the Towne of Barwicke , at this present possessed by England ) lies vpon the North side of Tweed , which is compassed by the Firth of Forth on the East , by England on the South : Westward on both the sides of Tweed lies Teuiotdail , taking the name from the water of Tiot , diuided from England by the hilles of Cheuiot . Next vnto Teuiotdail , lie Countries that are not great : Liddisdail , Ewisdail , and Esdail , taking their names from three waters , Liddall , Ewis , and Esk. The last is Annandail , which also hath the name from the water of Annan , diuiding the Countrey almost in two , and runnes after Solo●● , into the Ireland sea . Now let vs returne to Forth . The Countrey of Lothian is compassed by it at the East . Coeburnspeth , and Lamermure , diuides it from the Maers , and then turning somewhat Westward , it ioynes with Twedaill , and Lawderdaill : Tweddaill taking the name from the Riuer of Tweed , which runnes through the same , and Lawderdhill from the Towne of Lawder , or rather from the water of Lider , running through the Countrey . Liddaill , Nithisdaill , and Clyddisdaill , march with Tweddaill at the South and West parts thereof : Nithisdaill taking the name from the water of Nith , running through it into the Ireland Sea. Lothian , so named from Loth , King of Pights , is bordered on the South-east by Forth , or the Scottish sea : on the Northwest by Clyddisdaill . This Countrie in ciuilitie , and aboundance of all other things necessarie for the vse of man excelles very farre , all the rest of the countries of Scotland . There runne fiue waters through it . Tyne and Esk , ( which both runne in one at the foote of the wood of Dalkeith , before they enter into the sea ) Leith and Almon. Of those waters , some spring out of Lamermure , and some out of Pentland hils , and runne into Forth . The Townes of Lothian , are Dunbar , Hading , commonly called Hadington , Dalkeith , Edinburgh , Leigh . Linlithgow lieth more westwardly : Clyddisdaill lies on both the sides of Clyde , which for the length thereof , is deuided in three shires . In the Ouerward , there is an hill , not to call hich , out of the which , spring riuers running into three sundry seas : Twede into the Scottish sea , Annand into the Ireland sea , and Clyde into the great Ocean . The chiefe Townes of Cliddisdaill are , Lanark , and Glasgow : North-west from Cliddisdaill , lies Kyle : beyond Kyle lies Galloway , which is diuided from Clyddisdaill by the water of Cloudan . All Galloway almost declines to the South , the shire whereof incloseth all the rest of that side of Scotland : It is more plentifull in store , than Cornes . The waters of Galloway , Vxe , Dee , Kenne , Cree and Losse , runne into the Ireland sea : There is almost no great hilles in Galloway , but it is full of Craggie knolles : The waters gathering together in the vallies betwixt those knolles , make almost innumerable Loches , from whence , the first flood that comes before the Autumnall Equinoctiall , causeth such aboundance of waters to runne , that there come foorth of the said Loches , incredible numbers of Eeles , and are taken by the Countrimen in wand Creeles , who salting them , obtaine no small gaine thereby . The farthest part of that side , is the head , called Nonantum , vnder the which , there is an hauen at the mouth of the water of Lussie , named by Ptolome , Rerigonius . In the other side of Galloway oueragainst this Hauen , from Clyddis-forth , there enters another Hauen , named commonly Lochryen ; and by Ptolome , Vidogora : all that lieth betwixt these two Hauens , the Countrie people call the Rynns , that is , the point of Galloway : who also call it Nonantum , the Mule , that is , the Beck . The whole Country is named Galloway : for Gallovid , in the ancient Scottish tongue , signifies a man of Gallia : vnder Lochrien at the backe of Galloway , lies Carrik , declining easily till it come to Clyddisforth . The waters of Stenzear , and Greuan deuide Carrik : vpon the cruiks of those waters , there are many prettie villages . Carrik , betwixt the waters , where it riseth in knolles , is firtill of beastiall , & reasonable good ground for Corne. The whole Country of Carrik , both by sea and land , hath aboundance , not only sufficient for themselues , but also largely to support their neighbours . The water of Dunes , deuides Carrik from Kyle . Dune springs out of a Loch of the same name , in the middest whereof , is an Yle , on the which is builded a little Tower. Next vnto Carrik , lies Kyle , marching vpon the South with Galloway , vpon the Southeast with Clyddisdaill , vpon the West with Cunninghame , separated from thence by the water of Irwing . The water of Air runnes through the midst of Kyle : at the mouth of the water , stands the towne of Air , a notable market stead : The Countrey generally , is more aboundant of valiant men , then of Corne and cattell , the ground being but poore and sandie , which sharpens the mens industrie , and confirmes the strength of the minde and body , by scarcenesse of liuing . From Kyle Northward , lies Cunninghame , renewing Clide , and reducing it to the quantity of a reasonable riuer . The name of this countrey is Dens , signifying in that language , the Kings house : whereby it appeares that the Danes haue beene sometimes masters thereof . Next vnto Cunningham Eastward lies Renfrew , so named from a little towne , wherein they vse to keepe Session of Iustice to the countrey . It is commonly named the Barronie , and is diuided in the midst by two waters , both called Carth. After the Barronie , followeth Clyddisdaill , lying on either side of Clyde , which in respect of the quantitie thereof , and landes of Glasgow , is diuided in manie iurisdictions . They that dwell vpon the landes of Glasgow , haue their owne Iustice seat within the Towne of Glasgow . The most notable waters of Clyddisdaill , are Eruenne and Douglasse running into Clyde , vpon the South side thereof , and vpon the North side there is another called Auenne , which cuts Lothian from Striueling shire . These two waters haue gotten their names of Walter at the beginning , instead of proper names , as also the water of Auone in Walles hath done , with a little difference for the propriety of the language sake . Auenne deuides Sterling shire from Lothian at the South : The Firth or Forth at the East , which peece and peece becomes narrow , till it growe to the quantity of a reasonable Riuer , neere vnto Striueling bridge . There is but one water worthy to make account of , that runnes through it , named Carron , neere vnto the which there are some ancient monuments vpon the East side of Carron . There are two little earthen knolles , builded as may appeare by men , commonly called Duini pacis ; that is , The knolles of peace . Two miles downward vpon the same water , there is a round building without lyme , made of hard stone , in such sort , that one part of the vppermost stones is indented within the stone that lies directly vnder it : so that the whole worke , by this coniunction mutuall , and burthen of the stones , vpholds it selfe , growing narrow by little and little , from the ground to the head ; where it is open like a Doue-coat . The common sort of people , following there owne fantasies , haue deuised sundry Authours of this worke , and that the same was appointed for sundry vses , euery man appropriating an vse according to his owne deuise : And I led by coniecture , was sometime indeed of opinion , that this was the Chappell of the God Terminus , which as we read , was appointed to be open aboue . The two knolles Duini pacis , lying so neere it , doe somewhat fortifie this my coniecture ; as , that peace had beene concluded there , and this worke set vp in the memory thereof ; and that the same should be the border of the Romane Empire . I could not be drawne from this opinion , vntill I vnderstood , that there are sundry workes in a certaine I le , like vnto this Chappell in all things , except that they are broader and wider . In which respect , I am compelled to suspend my iudgement farther , than to thinke that these haue beene monuments of things done , and especially of victories gotten , and set vp in those places , as it had beene out of the world , the rather to be kept from the iniuries of enimies : But truely , whether they be monuments of victory , or ( as some beleeue ) Sepulchers of Noble men , I trust they haue beene monuments to continue in eternall memory , but builded by rude and vnlearned men , like to this Chappell standing vpon Carron : There is a peece of ground at the right side of Carron , plaine almost round about , growing to a knoll : neere midway , betwixt the Duini pacis and this Chappell , into the which , at the turning of the corner , appeares at this day , the roomes of a pretty Towne : But by labouring of the ground where it stood , and taking away of the stones , for building of Gentlemens houses thereabouts , the foundations of the Walles , and description of the roomes cannot be discerned . Beda , the English Writer , disertly names this place Guidi , placing the same in the very corner of Seuerus Wall. Many notable Romanes haue made mention of this Wall : Heereof as yet remaine sundry apparances , as stones gotten , bearing inscriptions , containing testimonies of safegard receiued of Tribunes and Centurions , or else of their Sepulchers . And seeing that from the Wall of Adrian , to this Wall of Seuerus ( as the grounds of both doe witnesse ) it is little lesse then an hundred miles , the ignorance of them that haue written the English matters , was either great , not vnderstanding the Latine Writers who intreated of them , or else their ouersight that so confusedly handled that , which was so cleerely written . Howsoeuer the matter be , if they be not worthy to be reprooued for this their deed , at least , I thinke them worthy to be slightly admonished thereof , specially , for that of the Records foresaids , and of the History of Beda , the English Writer ; it is certaine , that there was sometime the Bordour betweene the Bryttaines and the Scottes . They that tell that Camelot stood heere , alleadge also , that this Chappell before mentioned , was the Temple of Claudius Caesar , and both the one and the other is a vaine lier : for that Camelot is a Colonie of the Romanes , three hundred miles distant from this place , if trueth may be giuen to Ptolomeus , or Itinerarium Antonins . And Cornelius Tacitus maketh this errour with the rest of the whole narratiue , most knowen ; chiefly in that he writeth , that the Romanes , after they had lost Camelot , fled for their owne preseruation , to the temple of Claudius Caesar : And ( whether this Chappell was the Temple of Terminus , or a monument of any other thing wanting a doore , whereof presently it hath neither signe or token , being the height of a stones cast ) yet it could neuer couer ten armed men of warre , or scarsely containe so many within the walles thereof . Besides this , after Claudius Caesars iourney , almost fortie yeeres , Iulius Agricola was the first Romane that euer entred in those parts . Also was it not fiftie yeeres after Agricola , that Adrianus made a wall betwixt Tyne and Esk , to be the border of the Romane Prouince , whereof to this present in diuers places signes do remaine ? Septimius Seuerus , about the yeere of God 210 , entred into Britannie , and beyond this border appointed by Adrian , 100 miles , he made a wall from the Firth of Clyde , to the mouth of Euen , where it entreth into Forth . Of this wall , euen at this day , there are many and cleare demonstrations . Moreouer , we neuer finde in the ancient monuments , that Camelodonum was the chiefe seat of the Pights : but that their Regall seat was in Abirnethie , as also the Metropolitane seat of their Bishop : which afterwards was transported to Saint Andrewes . If it were inquired , what mooued the Romanes to bring a Colonie there , or how they susteined the same in so barraine a ground ; and , as things were at that time , wilde and vnmanured , and subiect to the dayly iniuries of most cruell enemies : they will , as I suppose , answere , ( for I can not see what other thing they can say ) that they furnished it by sea , what time ships sed to passe vp Garron , euen to the towne wall . If this were ●e , of necessitie the ground of both the banks of Forth , was then ouerflowed by the great Ocean , and so was barren : & yet now , that is the only ground that is supposed to be plentifull of cornes in those parts . There is another question somewhat more difficill . If both the bankes of Forth were drowned with salt water , why ended not the Romanes their wall rather at that part , then with superstuous laboures , to drawe it further in length by many miles ? Beyond Striuiling-shire , lieth the Lennox , deuided from the Barrony of Renfrew , by Clyde : from Glasgow , by the water of Heluin : from Striuiling-shire , by hilles : from Teth , by Forth : and then ends in the hils of Grangebean ; at the foote whereof , Loch-lomond runnes downe a lowe valley , foure and twentie miles of length , and eight of bredth , hauing moe then foure and twentie Islands within the same . This Loch , besides aboundance of other fishes , hath a kinde of fish of the owne , named Pollac , very pleasant to eate . The water of Leuin runneth out of Loch-lomond southward , which water hath giuen the name to the countrey . Leuin entreth into Clyde , neere to the Castle of Dumbarton , and towne of the same name . The westmost of the hilles of Grangebean , make the border of the Lennox . The hilles are cutted by a little bosome of the sea , named for the shortnes thereof , Ger-loch . Beyond this Loch , there is a farre greater Loch , named from the water that runneth in it , Loch-long : and this water is the march betweene Lennox and Couall . This Couall , Argyle ( or rather Ergyle ) and Knapdaill , are deuided in many parts , by many narrow creekes , that runne out of the firth of Clyde into them , whereof there is one most notable , named Loch-fyne , from the water of Finne that runneth into it . This Loch is threescore miles of length . In Knapdaill , is Loch-haw , and therein a little Island , with a strong Castle . The water of Aw runneth out of this Loch , and is the onely water of all that countrey , that doth runne into the Deucalidon Sea. North-west from Knapdaill , doth lie Kentyir , ( the head of the countrey ouer-against Ireland , ) from which it is deuided by a little Sea. Kyntyir is more long then broad , ioyning to Knapdaill by so narrow a throate , that it is scarce one mile in bredth , and the same throate is nothing else but very sand , lying so lowe , that Mariners drawing their ships ofttimes through it , make their iourney a great deale shorter , then it would bee , keeping the common course . Lorne , lying vpon Ergyle , doth march with it , vntill it come to Haber , a plaine countrey , and not vnfruitfull . The countrey where the hilles of Grangebean are , are most easie to be trauelled , named broad Albin , and that is to say , the highest part of Scotland : and the highest part of broad Albin , is called Drunnalbin , that is , the backe of Scotland , so tearmed , not altogether without cause : for forth of that backe , waters do runne into both the Seas , some vnto the North , and some vnto the South . Forth of Locherne , the water of Erne runneth North-east , and entreth into Tay , vnder Sainct-Iohnstoun three miles . The countrey that lieth on each side of this water , taking the name from it , is called in the ancient Scottish language , Straitherne . Straith , of olde , in that tongue , was called a countrey lying along a water side . Betwixt the hilles of this countrey and Forth , lieth Teth , taking the name from the water of Teth , running through the middest thereof . The hilles called Ochels , march with Teth , which for the most part , ( as also the ground , lying at the foot of them ) are accounted to be of the Stewardrie of Straitherne . The rest of that countrey to Forth ( through ambition ) is diuided in sundry Iurisdictions , as in Clackmannan-shire , Culros-shire , and Kinros-shire , from which all the countrey that lies betwixt Forth and Tay , Eastward , like a wedge in a narrow point of the Sea , is called by one name , Fyfe , abundant within the selfe in all things necessarie to the vse of man. It is broadest where Lochleuin diuideth it : from thence it becommeth narrow , vntill it come to the towne of Carraill . There is but one water to make account of , in all Fyfe , named Leuin . There are manie prety townes vpon the coast in three sides of Fyfe . The towne of Saint Andrewes , for the study of good learning . The towne of Cowper standeth almost in the middest of Fyfe , which is the Sherifes seat for administration of iustice . Vpon the march betwixt it and Stratherne , standeth Abirnethy , of olde the chiefe Citie of the Pights . Neere it , Erne runneth into Tay. The water of Tay commeth forth of Loch-tay , in Broadalbin . The Loch is foure & twenty miles of length . Tay is the greatest riuer in Scotland , which turning course at the hilles of Grangebean , ioynes with Atholl , a fertile countrey , situate in the very wildernesse of the same mountaines : at the foot whereof there is a part of Atholl , lying plaine , named the Blair , which word signifies a ground proper for wood . Vnder Atholl , vpon the South side of Tay , stands the Towne Caledon , which onely retaines the ancient name , commonly called Dunkeld , that is , a knoll full of Nut-trees . The Nut-trees growing in that vnmanured ground , and couering the earth , with the shaddow of the boughs thereof , haue giuen the name , both to the towne , and people . Caledones indeed , or Caledonij , were sometime one of the most renowmed people of Brittaine , and made the one halfe of the kingdome of Pights , whom Ammianus Marcellinus diuideth into Caledones , and Vecturiones , of whome at this day , scarcely doth remaine any memoriall of Name . Twelue miles vnder Dunkeld , in the same right side of the riuer of Tay , stands Saint Iohnestone : vpon the North side of the water , Eastward from Atholl , lies Gowrie , a firtill ground for corne , and vnder it againe , betwixt Tay , and Esk , lies Angusse , or as the ancient Scots call it , Eencia . Some men also are of opinion that it was named Horrestia , or according to the English Phrase , Forrestia . In Angusse are the Townes of Cowper , and Deidoun ( the gift of God , as Boetius , to gratifie his countrey , ambiciously names it ) but I trust , the ancient name of the towne was Taidunum , from the word Dun , called the Taw , or Knoll , that stands vpon Tai : at the foot whereof this towne is builded . Fourteene miles North from Tai , right by the Sea side , standes Abirbrothock ' , otherwise named Abrinca : from thence yee may perfitly see the Redde head a farre off . South-east cuts Angusse euen in the middest , and North-east diuides it from the Maernis . The Maernis for the most part is a plaine ground , till it passe Fordoun , and Dunnotter , the Earle Marshels Castle , and come to the hilles of Grangebean , which begin there to decrease and end in the Sea. North , from the Maernis , is the mouth of the water of Deuá , or Deé , commonly named , and about a mile from Deé Northward , the mouth of the water of Done. At the mouth of Deè standes Abirdene , renowmed for the salmond fishings thereof : and at the mouth of Doné , the Bishops seat , and common schooles flourishing in all kinde of science of liberall artes . I finde in some olde monuments , that the Towne neerest to the South , was called Abirdee , but now , both the one Towne and the other , is called Abirdene , deuised onely to the words old and new , as new Abirdene , and old Abirdene . At this narrow point , lying betwixt these waters , the countrey of Mar beginnes , growing alwaies wider and wider , till it be 60 miles in length , & come to Badzenoch . The countrey of Badzenoch , hath as it were a backe , running out through the midst of it , which spouts forth waters into both the seas . Habre marcheth with Badzenoch , tending by little and little towards the Deucalidon sea : a Countrey as aboundant of commodities both by sea and land , as any Countrey within Scotland is . First , it is good for Corne , and store : the shaddowes of the Woods , the riuers and the springs , make it very pleasant : and it hath also great plenty of fishes , as any Countrey within Scotland : for besides the aboundance of fresh water fishes , produced by a great number of waters , the sea runnes within the countrey , in a long Channell , and being narrow at the mouth , the water kept in betwixt two high bankes , and spreading wide inward , makes the forme of a stanke or rather of a Loch , from which it hath gotten the name Abre , by the Countrey men , that is in their language , A place where ships may lie as sure as in a Hauen . The same name is giuen to all the Countrey that lies round about : such as speake the English tongue , name both the Creeke of the sea , and the countrey , Lochabre , but altogether without reason , and indecently . These three Countries , Habre , Badzenoch , and Marre , comprehend the breadth of Scotland , betwixt the two seas . Next vnto Marre , Northward lies Buquhan , deuided from Marre by the water of Dune . This Countrey runnes farthest in the Germane Sea , of all the Countries of Scotland ; fertill in store , and increase of the ground , and in it selfe , sufficient to satisfy for all other commodities necessary for the Countrey . There is abundance of Salmond fish taken in all the waters thereof , except Rattry , wherein to this houre , was neuer seene any Salmond . Vpon the coast of Buquhan , there is a caue , the nature whereof is not to be forgotten . From the crowne of the Caue , there drops downe water , which water , vpon the instant , is turned into little round stones . If the Caue were not from time to time cleansed by mans labour , it would in short space be filled to the head . The stone that is ingendered of this water , is of nature halfe stone , halfe Ice , fresh and neuer growing solide , as the Marble doth . When I was in Tollosse , about the yeere of God , 1544. I vnderstood by credible men , that there was a Caue , into the Pireneé mounts , neere vnto the place of their habitation , like vnto this Caue in all things . Boyne and Enzeé lie from Buquhan , Northward to Spey , which deuides them from Murray . Spey springs forth of the North-side of the mountaines of Badzenoch , whereof we haue made mention ; and not farre from the spring thereof is a Loch , forth of the which , comes the water of Lute , running into the West sea . By report , there was at the mouth of this water , a good Towne , named Innerluther , from the name of the water . Surely , if we will consider the nature of the people that dwell thereabouts , the commodity of sailing and portage by sea , this is very proper for an Hauen . The ancient Kings allured by these commodities , sometime dwelt there , in the Castle of Enone , which Castle , many at this time ( sinisterly informed ) suppose to be Dunstaffage : for the ruines and signes of Dunstaffage , euen to this day may be seene in Lorne . There are some small Countries cast in betwixt Buquhan and the Westsea , which ( hauing no notable thing worthy of memory within them ) we ouerpasse . Murray lies betwixt Spey and Naes , sometime named , as some suppose , Verar . The Germane sea running betwixt these two waters backeward , makes the shire narrow , and yet for the quantity , it is wealthy in corne and store , and is the first country of Scotland for pleasure and commodities of fruitfull trees . There are two townes in it , Elgin , vpon the water of Loxi , keeping at this day the ancient name ; and Innernes , vpon the water of Naes . Naes comes forth of a Loch 34 miles of length , named Loch-naes . The water of Naes is almost alwaies warme , and at no time so cold that it freezeth : yea , in the most cold time of winter , broken yce falling in it , is dissolued , by the heat thereof . West from Lochnaes , there lies eight miles of continent ground : and that small peece is the onely impediment that the seas ioine not , and make the remanent of Scotland an Iland : for all the land that lies betwixt the strait and the Deucalidon sea , is cutted by creeks and Loches of salt water running into the land . The countrey that lies by North Naes , and these straits , is commonly diuided in foure Prouinces , Nauern , or , as the common people name it , Stranauerne , from the water of Narn . From the mouth of Naes , where it enters into the Germane sea , North , lies Rosse , shooting into the sea , in great promontories or heads , as the word it selfe expresseth : For Rosse in Scottish , is called , An head . The countrey of Rosse is of greater length , then breadth , extended from the Germaine to the Deucalidon sea , where it riseth in craggy and wilde hilles , and yet in the plaine fieldes thereof , there is as great fertility of Corne , as in any other part of Scotland . There is in Rosse , pleasant dales with waters , and Loches full of fishes , specially Loch-broome . It is broad at the Deucalidon sea , and growes narrow by little and little , turning South-ward . From the other shore , the Germane sea ( winning the selfe an entry betwixt high Clints ) runnes within the land in a wide bosome , and makes an healthfull port and sure refuge against all tempests and stormes : The entry of it is easie , and within it , is a very sure Hauen , against all iniuries of sea , and a Hauen for great Nauies of ships . Next vnto Rosse North-ward : is Nauarn , so named , from the water of Nauarn , which the common people ( following the custome of their countrey speech ) calleth , Stranauerne . Rosse-marches with Stranauerne at the South . The Deucalidon sea , at the West and North , runnes about it , and at the East it ioines with Caithnes . Sotherland , is so cast in amongst these countries , that it is neighbour to them all , and marches with euery one of them at some part . At the West , it hath Stranauerne : at the East , Rosse : and at the North , Caithnes , lying ouer against it . The Countrey people , in respect of the nature of the ground , are more giuen to store then to Corne. There is no singular thing in it that I know , except the hilles of white Marble : a rare woonder in cold countries , and seruing for no purpose , because that ouer-great delicacie , the curious caruer of such things , is not entered in that country . Caithnes , where it marches with Stranauerne , is the furthest North countrey of all Scotland . And those two Countries draw the breadth of Scotland into a narrow front . In them are three promontories or heads : the highest whereof , is in Nauernia , named by Ptolomie , Orcas , or Taruidum . The other two , not altogether so hie , are in Caithnes , Veruedrum , now named Hoya ; and Berubrum , vntruely by Boetius called Dume , now commonly called Dunnesbey , or by some , Duncans-bey . Of this word ( as appeareth , some letters taken away ) the word Dunsbey is come . At the foot of the hill , there is a prety creeke , which they that trauell from Orknay by sea , vse for an hauen . Creeke is commonly called a Bay. This Creeke then being named by such as dwelt thereabout Duncans-bey or Dunnachis-bey , the common people ioyning both the words in one , haue ( in their fashion ) made the word Dunsbey . In this Country Ptolomie places Carnauij , of which names , there remaine yet some signes : for the Earle of Caithnes chiefe Castle is named Gernigo . It appeares , that the people named by Ptolomie , Cornauij , were called by the Britaynes , Kernici : for indeed , not onely in this Countrey , but also in the furthest place of this I le , that is in Cornewales , he places the people , named Cornauij , and they that speake the Britayne tong , call the same people , Kernici . It may be , that he should not iudge amisse , that should esteeme Cornewales to be spoken for Kernice-wales , taking that name from the Frenchmen , called Kernici . It appeareth likewise , that some signes of this name , although obscure , remained in the middest of the I le : For Beda writes , that the beginning of Seuerus wall , was not far from the Abbay of Kebercurnike ; but in these places now , there is no appearance of any Abbay . Yet there is in that part , a Castle of Dowglasses , ruinous and halfe decaied , named Abircorne . Whether one of these words , or both , be corruptly driuen for Kernici , I leaue the Reader to iudge . Of the Iles of Scotland ingenerall . NOw resteth it to speake somewhat of the Iles , the part of all the Brittaine History , inuolued in greatest errours . We will leaue the most ancient writers , of whom we haue no certaintie , and follow that which men of our owne time , more truely and clearely haue written . They diuide all the Iles , ( which , as it were , crowne Scotland ) in three classes or ranks , the West Iles , Orkenay Iles , and Shetland Iles. They call them West , that lie in the Deucalidon sea , from Ireland almost to Orknay , vpon the West side of Scotland . They that either in our Fathers daies or ours , haue written any thing of Brittayne , call these Iles Hebrides , ( a new name indeede ) whereof they bring neither ground , nor euidence from the ancient writers . Some writers haue placed Aebudae , Aemode , or Acmode , in that part of that Sea : But so diuersly , that they scarcely agree , either in the number , the situation , or names . Strabo ( to begin at him , as most auncient ) perchance may be pardoned , for that in his time , that part of the world was not sufficiently explored , and he therefore hath but followed the vncertaine brute . Mela reckoneth seuen Aemodae ; Martianus Capella also many Acmodae ; Ptolomeus and Solinus fiue Aebudae . Plinius seuen Acmodae and thirtie Aebudae . We will retaine the name that is most frequent and common amongst the ancients , and call all the West Iles Aebudae , and shew their situation , the nature of euery one of them , and commodities therof , out of recent authors , that haue lately written , as most certaine . First , we will follow Donald Munro , a man both godly and diligent , who trauelled all these Iles vpon his feet , and saw them perfectly with his eies . They lie scattered into the Deucalidon sea , to the number of 300. and aboue . Of olde , the Kings of Scotland kept these Iles in their owne possession , vntill the time of Donald , brother to King Malcome the 3. who gaue them to the king of Norway , vpon condition , that he should assist him , in vsurping of the kingdome of Scotland , against law and reason . The Danes and Norway people kept possession of them for the space of 160. yeeres : and then King Alexander the third , ouercomming the Danes and Norway men in a great battell , thrust them out of the Iles : yet afterward they attempted to recouer their libertie , partly , trusting to their owne strength ; and partly , mooued by sedidions in the maine land of this Countrey , creating Kings of themselues , as not long agoe , Iohn ( of the house of Clandonald ) did vsurpe the name of King , as others had done before . In food , raiment , and all things pertaining to their familie , they vse the ancient frugalitie of the Scots . Their bankets are hunting and fishing . They seeth their flesh in the ●ripe , or else in the skinne of the beast , filling the same full of water . Now and then in hunting , they straine out the blood , and eate the flesh raw . Their drinke is the broth of sodden flesh . They loue very well the drinke made of whey , and kept certaine yeeres , drinking the same at feasts : It is named by them , Blandium . The most part of them drinke water . Their custome is to make their bread of Oates and Barly , ( which are the onely kinds of graine that grow in those parts : ) Experience ( with time ) hath taught them to make it in such sort , that it is not vnpleasant to eate . They take a little of it in the morning , and so passing to the hunting , or any other businesse , content themselues therewith , without any other kinde of meat , till euen . They delight in marled clothes , specially , that haue long stripes of sundrie colours : They loue chiefly purple and blew . Their predecessors vsed short mantles , or plaids of diuers colours , sundry waies deuided : and amongst some , the same custome is obserued to this day : but for the most part now , they are browne , most neere to the colour of the Hadder : to the effect , when they lie amongst the Hadder , the bright colour of their plaids shall not bewray them : with the which , rather coloured , then clad , they suffer the most cruell tempests that blowe in the open field , in such sort , that vnder a wrythe of Snow , they sleepe sound . In their houses also , they lie vpon the ground , laying betwixt them and it , Brakens , or Hadder , the rootes thereof downe , and the tops vp , so prettily laid together , that they are as soft as feather-beds , and much more wholsome : for the tops themselues are drie of nature , whereby it dries the weake humours , & restores againe the strength of the sinewes troubled before , and that so euidently , that they , who at euening go to rest sore and wearie , rise in the morning whole and able . As none of these people care for feather-beds and bedding , so take they greatest pleasure in rudenesse and hardnesse . If for their owne commoditie , or vpon necessitie , they trauell to any other Countrey , they reiect the feather-beds and bedding of their Hoste . They wrap themselues in their owne plaids , so taking their rest : carefull indeed , lest that barbarous delicacie of the maine Land ( as they tearme it ) corrupt their naturall and Country hardnesse . Their armour wherewith they couer their bodies in time of warre , is an Iron Bonnet , and an Habbergion , side , almost euen to their heeles . Their weapons against their enemies , are bowes and arrowes . The arrowes are for the most part hooked , with a barble on either side , which once entered within the body , cannot be drawne forth againe , vnlesse the wound be made wider . Some of them fight with broad swords and axes . In place of a drum , they vse a bag-pipe . They delight much in musicke , but chiefly in Harps and Clairschoes of their owne fashion . The strings of the Clairschoes are made of brasse-wire , and the strings of the Harps , of sinewes : which strings , they strike either with their nailes , growing long ; or else with an Instrument appointed for that vse . They take great pleasure to decke their Harps and Clairschoes with siluer and precious stones : and poore ones , that cannot attaine heereunto , decke them with Christall . They sing verses prettily compound , containing ( for the most part ) praises of valiant men . There is not almost any other argument , whereof their rimes entreat . They speake the auncient French language , altered a little . THE ILES LYING ABOVT Scotland , that speake the ancient language , called the VVest Iles , are these that follow . THe first of them all , is the I le of Man , vntruely by some men named Mon : by the ancients called Dubonia , by Paulus Orosius , Menenia , or rather Maenante , and in the old countrey speech , Manium . Before this time , there was a Towne in it , named Sodora , wherein the Bishop of the Iles had his seat . It lies almost midway betwixt Ireland and Cumbir , a Countrey of England , and Galloway , a Countrey of Scotland , 24 miles in length , and 18 in breadth . Next vnto Man , is Ailsay , into the Firth of Clyde : an hard high craig on all sides , except at an entrie . It is neuer occupied by any man , but that at sometimes there come a great number of Boats there to fish keeling . There are many Conies and Sea-fowles in it , specially of that kinde , which wee call Solayne-Geese . It hath Carrik vpon the North-east , Ireland vpon the North-west almost , and Kyntyre vpon the South-east . Foure and twentie miles from Ailsay , lies Arrane , almost direct North , 24 miles of length , and 16 of breadth . All the whole Iland riseth in high and wilde mountaines . It is manured onely vpon the sea side . Where the ground is lowest , the sea runnes in , and makes a well large Creeke into it : the entries whereof are closed by the Iland Molas , the hilles rising on all sides , and breaking the rage of the windes , in such sort , that within is a very sure hauen for shippes : and in the waters , which are alwaies calme , such abundance of fish , that if there be more taken than the Countrey people thinke should serue them for a day , they cast them in againe into the sea , as it were in a stanke . Not farre from Arrane lies the little Ile Flada , fertill of Conies . Farther in it , is situate the I le of Bute , within the Firth of Clyde , eight miles of length , and foure in breadth : distant from Arrane , as is said , eight miles South-east , and from Argyle South-west , little more than halfe a mile from Cunnynghame , which lies by-East of it , sixe miles . It is a low Countrey , commodious enough for Corne and store : In it is a towne of the same name , and therein is the olde Castell of Rosa. There is another Castell in the middest of it , named Cames , in their owne language , in Greeke Kamcos : that is , verie crooked . The I le Mernoca , a mile of length , and halfe a mile of bredth , lies lowe South-westward , well manured and fertill for the quantitie . Within the Firth of Clyde , lies little Cambra , and great Cambra , not farre distant one from another . Great Cambra is fertill of Corne , and little Cambra of fallow Deere . From the Mule of Kyntyre Littia , more then a mile , is Porticosa auona , getting that name from the creeke of Walter , that kept the Danes Nauie there , at what time they had the Iles in their handes . From the same Mule North-west , ouer against the coast of Ireland , lies Rachuda : and from Kyntyre foure miles , the little Ile Caraia : and not farre from thence , Gigaia , sixe miles of length , and a mile and a halfe of bredth . Twelue miles from Gigaia , lies Iura , foure and twentie miles of length . The shoreside of Iura is well manured , and the inward part of the Countrey is cled with wood , full of Deere of sundry kinds . Some thinke that this I le was named of olde , Dera , which worde in the Gothicke tongue signifieth a Deere . Two miles from Iura , lies Scarba , in length , from the East to the West , foure miles , and a mile in bredth : in few places occupied . The tide of the sea betwixt this I le and Iura , is so violent , that it is not possible to passe it , either by saile or aire , except at certaine times . At the backe of this I le , are many vnwoorthie little Ilands scattered heere and there . Ballach , or Genistaria , Gearastilla , Longaia , the 2. Fidlais , the 3. Barbais , distinguished by their owne proper names , Culbremna , Dunum , Coilp , Cuparia , Beluahua , Vikerana , Vitulina , Lumga , Seila , Scana . These three last Iles are indifferent fertill of corne and store , and pertaine to the Earles of Argyle . Next vnto them is Sklata : so named , from a Sklait quarre that is in it . Then Naguisoga and Eisdalfa , and Skennia , and that which is named Thiana , from an herbe hurtfull to the cornes , called Guld , not vnlike to the herbe Lutea , but that it is somewhat more waterish coloured . Vderga , and the kings Iland : then Duffa , that is , blacke : and the Iland of the Church , and Triaracha , and then the Iland Ardua , Hun●lis , Viridi● , and Ericca . Item , Arboraria , Capra●ia , Cunicularia , and it , that is named the Iland of Idle-men : and Abridica , and Lismora , wherein sometime was the Bishops feate of Argyle : It is eight miles of length , and two in breadth . In this Iland , besides the commodities that it hath common with the rest , there are Mynes of mettalles . Then Ouilia , the Iland Traiecte , the Iland Garna ( that is sharpe ) the Iland of the stane . Gressa , and the great Iland , Ardiescara , Musadilla , and Bernera , sometime called the holie Girth , notable by the tree Taxus , which growes in it . Molochasgia , Drinacha , full of thornes and Bourtree , ouer-couered with the ruines of old houses . Wrichtoun , fertill of wood . Item , Ransa , Kernera . The greatest Iland , next vnto Iura , westward , is Yla , 24. miles of length , and sixteene of bredth , extended from the South , to the North , aboundant in store , Cornea , Deere and Lead . There is a fresh water in it , called Laia , and a creeke of salt water , and therein are many Ilands : In it also , is a fresh water Loch , wherein stands the Iland , named Fulnigania , sometime the chiefe seate of all the Iles-men . There the Gouernour of the Iles , vsurping the name of a King , was wont to dwell . Neere vnto this Iland , and somewat lesse then it , is the round Iland , taking the name from Counsell : for therein was the Iustice seate , and fourteene of the most woorthy of the Countrey , did minister Iustice vnto all the rest , continually , and intreated of the waightie affaires of the Realme , in counsell , whose great equitie and discretion kept peace both at home and abroade , and with peace , was the companion of peace , aboundance of all things . Betwixt Ila and Iura , lies a little Iland , taking the name from a Cairne of stones . At the South-side of Ila , doe lie these Ilands : Colurna , Muluo●is , Os●una , Brigidana , Corskera , the lowe Iland , Imersga , Beathia , Texa , Ouicularia , Noasiga , Vinarda , Caua , Tarsheria . The great Iland Auchnarra , the Iland made like a man , the Iland of Iohn Slakbadis . At the west corner of Ila , lies Ouersa , where the sea is most tempestuous , and at certaine houres vnnauigable . The Marchants Iland . And Southwest-ward from it , Vsabrasta , Tanasta , and Nefa . The Weauers Iland . Eight miles from Ila , somewhat towards the North , lies Ornansa . Next vnto it , the Swines Iland . Halfe a mile from Ornansa , Colnansa . North from Colnansa , lies the Mule , twelue miles distant from Ila . This I le is foure and twentie miles of length , and as much in bredth , vnpleasant indeed , but not vnfruitfull of Cornes . There are many woods in it , many heardes of Deere , and a good hauen for shippes : There are in it two waters , entring into the Sea , ouer against the Dowe Iland : and there are two waters , well spred of Salmond fish , and some strippes not altogether emptie thereof . There are also two Loches in it , and in euerie one of the Loches an Iland , and in euerie Iland a towre . The sea running into this Iland at foure sundrie parts , makes foure salt-water Loches therein , all foure abounding in Herring . To the North-west lies Calumbaria , or the Dowe Iland : to the South-est , Era : both the one and the other profitable for Bestiall , for Cornes , and for fishings . From this Iland , two miles , lies the Iland of Sanct-colme , two miles of length , and more then a mile of bredth , fertill of all things , that that part of the heauen vseth to produce : Renowmed by the auncient monuments of that countrey , but most esteemed for the sincere holinesse and discipline of Sanct-colme . There were in this Iland , two Abbies , one of Monkes , another of graie Fryars : a Court , ( or as it is tearmed at this time ) a parish Church , with many Chappelles , builded of the liberalitie of the Kings of Scotland , and gouernours of the Iles. When as the English men had taken Eubonia , and therein the auncient seate of the Bishops of the Iles , they placed their seate into the old Cloister of Sanct-colme . There is as yet remaining amongst the old ruines , a buriall place , or Church-yard , common to all the Noble families of the West Iles , wherein there are three tombes , higher then the rest , distant euerie one from another a little space , and three little houses situated to the East , builded seuerally vpon the three tombes : vpon the west parts whereof , there are stones grauen , expressing whose tombes these were , which stand in the midst , bearing this title : The tombs of the Kings of Scotland . It is said there were 48. Kings of Scotland buried there . The tombe vpon the right side , hath this inscription : The Tombes of the Kings of Ireland . It is recorded , that there were foure Kings of Ireland buried there . It , that is vpon the left side , hath this inscription : The Tombes of the Kings of Norway . The report is , that there were eight Kings of that Nation buried there . The notable houses of the Iles , haue their Tombes in the rest of the Church-yard , euery one seuerally by themselues . There are about this Iland , and neere vnto it , sixe little Ilands , not vnfruitfull , giuen by the auncient Kings of Scotland , and gouernours of the Iles , to the Abbey of Sanct-Colme . Soa is a very profitable ground for sheepe , albeit the chiefe commoditie of it consists in sea-fowles that build therein , specially of their egges . Next vnto it , is the I le of Wemen . Then Rudana . Neere vnto it , Bernira : and from that , Skennia , halfe a mile distant from the Mule. It hath a Priest of the owne , but the most part of the parishioners dwell in Mule. The sea sides of it abound in Connies . Fiue miles hence , lieth Frosa : all these Iles are subiect to the Monkes of Saint Colmes Abbey . Two miles from Frosa , lieth Vilua , fiue miles of length , fruitfull for the quantitie of Corne and store . It hath a commodious Hauen for gallies or boates . Vpon the South side of it , lieth Toluansa , the ground whereof is not vnfruitfull . There is a wood of Nut-trees in it . About three hundred paces from this Iland , lieth Gomatra , two miles long , and one mile broad , extended from the North to the South . From Gomatra foure miles Southward , lies 2. Staffae , the one and the other full of Hauening places . Foure miles South-east from Staffa , lie two Ilands , named Kerimburgae , the more and the lesse , enuironed with such shore , high , and furious tide , that by their owne naturall defence , ( supported somewhat by the industrie of man ) they are altogether inuincible . One mile from them , lies an Iland , whereof the whole earth almost is blacke , growne together of rotten wood and mosse . The people make peates of it for their fire : where-from it is called Monadrum : for that kinde of earth , which in the English language is called Mosse , in the Irish is called Monadrum . Next vnto this I le , lieth Longa , 2. miles of length , and Bacha halfe as much . From Bacha 6. miles lies Tiria , eight miles in length , and three in breadth . Most fertill of all the Ilandes , in all things necessarie for the sustentation of man. It aboundeth in store of Cornes , fishings , and Sea-fowles . In this Iland , there is a fresh-water Loch , and therein an olde Castle . It hath also an hauen not incommodious for boates . From this Iland two miles , lies Sunna , and from Sunna as farre lieth Colla , twelue miles of length , and two miles of bredth , a fertill Iland . Not farre from it , is Calfa , almost all full of wood . And then two Ilands , named meekle Viridis , and little Viridis . Item , other two of the same names . Ouer against the Mules head , and not farre from it , lie two Ilandes , named Glassae , and then Ardan-eidir , that is , the high Iland of the rider . Then Luparia , or the Wolfe Iland : and after it a great I le , lying North from the Iland Colla , extended East and West . Then Ruma , sixteene miles in length , and sixe in bredth , rising high in strait hilles , full of woods , and scrogges , and for that cause , it is inhabited in very fewe places . The Sea-fowles laie their egges heere and there , in the ground thereof . In the middest of the spring time , when the egges are laide , any man that pleaseth may take of them . In the high rockes thereof , the Sea-guse , whereof we spake before , are taken in aboundance . From this Iland , foure miles North-east-ward , lies the Horse Iland ; and from it halfe a mile , the Swine Iland , for the quantitie fruitefull ynough in all things necessarie . The Falcon buildeth in it . It hath also an hauen . Not farre from it , lies Canna and Egga , little Ilands , fertill ynough . In Egga are Solan-geese . Soabrittella , more profitable for hunting , then for any other commoditie necessarie for man. From this Iland the I le of Skye , greatest of all the Ilands that are about Scotland , lies North and South , 40. miles in length , and eight miles broad in some places , and in other places 12. miles , rising in hilles , in sundrie places full of woods and pastorage . The ground thereof fertill in corne and store : and besides all other kindes of beastiall , fruitfull of Mares , for breeding of horse . It hath fiue great riuers , rich of Salmond , and many little waters , not altogether bare thereof . The sea running into the land on all sides , make many salt-waters , three principall , and 13. others , all rich in herring . There is in it a fresh-water Loch , and fiue Castles . The I le , in the old Scottish tongue , is called Scianacha , that is , winged : because the heads , betwixt the which the Sea runneth into the land , spreadeth out like winges : but by common custome of speech , it is called Skie , that is , a wing . About the Skie , lie little Ilands , scattered heere and there . Oronsa , fertill in corne and store . Cunicularia , full of bushes and Connies . Paba , infamous for throate-cutting . For that in the woods thereof , robbers lie in ambushments , to trap them that passe that way .8 . miles South-west from it lies Scalpa , which , ( besides sundry other commodities ) hath woods full of troopes of Deere . Betwixt the mouth of Zochcarron and Raorsa , lies Crulinga , seuen miles of length , and two of breadth : there is a sure hauen in it for ships . There are in it also , woods of Bucke , and Deere in them . Halfe a mile from Crulinga , is Rona , full of wood , and Hadder . There is an hauen in the innermost Loch thereof , perillous for robbery , to them that passe that way , because it is a meete place to hide ambushments in . In the mouth of the same Loch , is an Iland of the same name , called for shortnesse , Ger-loch . From Rona sixe miles Northward , lies Flada : two miles from Flada , Euilmena . Vpon the south side of Skie , lies Oronsa : and a mile from it Knia , Pabra , and great Bina : and then fiue little vnworthy Ilands . Next vnto them is , Isa , fertill in cornes . Beside it , is Ouia , then Askerma , and Lindella .8 . miles from Skie southward , lies Linga , and Gigarmena , Benera , Megala , Paua , Flada , Scarpa Veruecum , Sandara , Vatersa : Which , besides many other commodities , hath a hauen , commodious for a number of great ships , whereinto fishermen of all countries about , conuene certaine times of the yeere ordinarily . These last nine Ilands , are subiect to the Bishop of the Iles. 2. miles from Vatersa , is Barra , running from the North-west , to the south-east , 7. miles in length , fruitfull of cornes , and profitable for fish . There runneth into it , a Loch , with a narrow throat , growing round and wide within . In it there is an inch , and in the inch a strong Castle . Vpon the North-side of Barra , there riseth an hill , full of hearbes from the foot to the head , vpon the top whereof , is a fresh water well . The spring that runneth from this well , to the next sea , carries with it little things , like as they were quicke , but hauing the shape of no beast , which appeare ( although obscurely ) in some respect , to represent the fish , that we call commonly , Cockles . The people that dwell there , call that part of the shore , whereunto these things are carried , The great sandes : Because , that when the sea ebbes , there appeareth nothing but drie sandes , the space of a mile . Out of these sandes , the people digge out great Cocles , which the neighbours about iudge either to grow ( as it were ) of that seede , that the springs doe bring from the well , or else indeed , to grow in that sea . Betwixt Barra , and Wist , lie these little Ilands following : Oronsa , Onia , Hakerseta , Garnlanga , Flada , great Buya , little Buya , Haya , Hell saea , Gygaia , Lingaia , Foraia , Fudaia , Eriscaia . From these Ilands , Vistus lies Northward , 34 miles of length , and 6 miles of bredth . The tide of the sea , running into two places of this I le , causeth it to appeare three Ilands : but when the tide is out , it becommeth all one Iland . In it are many fresh water loches , specially one , three miles long . The sea hath worne in vpon the land , and made it selfe a passage to this Loch , and can neuer be holden out , albeit the inhabitants haue made a wall of sixty foote broad , to that effect . The water entreth in amongst the stones , that are builded vp together , and leaues behinde it , at the ebbe , many sea-fishes . There is a fish in it , like to the Salmond in all things , except , that with the white womb , it hath a blacke backe , and wanteth skailes . Item , in this Iland are innumerable fresh-water loches . There is in it caues couered ouer with Hadder , that are very dennes for knaues . In it are fiue churches . 8 miles West , from it lies Helsther Vetularum , so named , ( as I beleeue ) because it appertaineth to the Nunnes of the I le of Ione . A little further North , riseth Haneskera : about this Iland , at certaine times of the yeere , are many Sealches , they are taken by the countrey-men . South-west , almost sixty miles from Haneskera , lies Hirta , fertill in corne and store , specially in sheepe , which are greater then the sheepe of any the other Ilands : The Inhabitants thereof are rude in all kinde of craft , and most rude in Religion . After the Summer Solstice , which is about the seuenteenth day of Iune , the Lord of the Iland sendeth his Chamberlaine to gather his dueties , and with him a Priest , who baptizeth all the children that are borne the yeere preceeding : And if it chance the Priest not to come , then euery man baptizeth his owne childe . The tenants pay to their Lordes , certaine number of Sealches , of Reisted Wedders , and Sea-fowles . The whole Iland passeth not one mile in length , and as much in bredth . There is no part of it , that can be seene by any of the other Ilands , except three hilles , which are vpon the coast thereof , and may be seene from high places of some other Ilands . In these hilles are very faire sheepe , but scarsely may any man get to them for the violence of the tide . Now let vs returne to Wistas . From the North point thereof , is the Iland Velaia , one mile of bredth , and twise as long . Betwixt this point , and the Iland Harea , lie these Ilands following , little of quantitie , but not vnfruitfull : Soa , Stroma , Pabaia , Barneraia , Emsaia , Keligira , Little Saga , Great Saga , Harmodra , Scarua , Grialinga , Cillinsa , Hea , Hoia , Little Soa , Great Soa , Isa , Little Seuna , Great Seuna , Taransa , Slegana , Tuemen . Aboue Horea , is Scarpa , and halfe a mile towards the West , Equinoctiall from the Lewis , lie seuen little Ilands , which some name Flananae , some holy places of girth and refuge , rising vp in hilles that are full of hearbs , but vnlaboured of any man. There is neuer almost one foure-footed beast in them , except wilde sheepe , which are taken by hunters , but they serue of no purpose for eating , because in stead of flesh , they haue a kinde of fatnesse : and if there be any flesh vpon them , it is so vnpleasant , that no man ( vnlesse he be very sore oppressed with extreme hunger ) will taste of it . Further North , in the same ranke , lies Garn Ellan : that is , the hard I le . Lamba , Flada , Kellasa , Little Barnera , Great Barnera , Kirta , Little Bina , Great Bina , Vexaia , Pabaia , Great Sigrama , Cunicularia , so named from the plentie of Conies that are there , Little Sigrama : The Iland of the Pigmeis . In this Iland is a church , wherin the Pigmeis were buried ( as they that are neighbours to the Iland , beleeue . ) Sundrie strangers digging deepely in the ground , sometimes haue found , and yet to this day doe finde verie little round heads , and other little bones of mans bodie , which seemes to approue the trueth , and apparance of the common brute . In the North-east side of the Iland Leogus , there are two Loches running foorth of the sea , named the North and South Loches , wherein at all times of the yeere , there is abundance of fish for all men that list to take them . From the same side of the Loch , somewhat more Southerly , lies Fabilla , Adams Iland , the Lambe Iland , Item Hulmetia , Viccoilla , Hanarera , Laxa , Era , the Dow Iland , Tora , Iffurta , Sealpa , Flada , Senta : At the East side whereof , there is a passage vnder the earth , vaulted aboue a flight shoot of length , into the which little boates may either saile or rowe , for eschewing of the violent tide , raging with great noice and danger of them that saile betwixt the Iland and the head that is next vnto it . Somewhat Eastward , lies an Iland , named Old Castle , a roome strong of nature , and sufficient enough to nourish the inhabitants in cornes , fish , and egges of Sea-fowles that build in it . At that side where Lochbrien enters , is situate the Iland Eu , all full of woods onely meet to couer Theeues , who lie in wait for passengers comming that way . More Northerlie , lies the Iland Grumorta , and it is likewise full of woods , and haunted by throat-cutters . The Iland , named the Priests Iland , lies that same way , profitable for pastourage of sheepe , and full of Sea-fowles . Next vnto it is Afulla . Neighbour to Afulla , is great Habrera : then little Habrera , and neere vnto it , the Horse-Ile : and besides that againe , the Iland Marta Ika . These last mentioned Ilandes , lie all before the entrie of Lochbrien , and from them Northward , lie Haray and Lewis , 16 miles of length , and 16 of bredth . These three make an Iland , which is not diuided by any hauen or port of the Sea , but by the seuerall Lordships of the heritours thereof . The South part , is commonly named Haray : In it sometime was the Abbey named Roadilla , builded by Maccleude Hareis . It is a Countrey fertill enough in Cornes , but yet the increase commeth rather of digging , and deluing , than by earing with the plough . There is good pastourage for sheepe in it , chiefly a high hill ouer-couered with grasse , to the verie top . Master Donald Monro , a learned and godly man , sayth , that when he was there , he saw sheepe ( as olde as that kinde of Bestiall vseth to be ) feeding masterlesse , perteining peculiarlie to no man , the commoditie whereof is the greater , for that there is neither Woolfe , Foxe , or Serpent seene there : albeit that betwixt that part , and Lewis , there be great woods full of Deere , but they are of stature low , and not great of bodie . In that part also of the Iland , is a water , well stored of Salmond fishes . Vpon the North side of it , it is well manured vpon the sea side . There are in it foure Churches , one Castle , seuen great running waters , and twelue lesse , all ( for their quantities ) plentifull of Salmond fish . The sea enters within the land in diuers parts of the Iland , making sundrie salt water Loches , all plentifull of Herring . There is in it great commoditie of sheepe , which feed at their pleasure vpon the hadder , and amongst the bushes and craigs . The Inhabitants gather them together euery yeere once , either within some narrow roome , or else within some flaik foldes , and there conforme to the ancient custome of the Countrey , they plucke off the wooll of them . The most part of the hie land hereof , is moory ground : the superfice whereof is blacke , congealed together by long progresse of time , of mosse and rotten wood , to the thicknesse of a foot , or thereabouts : the vpper scruffe is cast in long thicke turffes , dried at the Sunne , and so wonne to make fire of , and burnt in stead of wood . The next yeere after , they mucke the bare ground , where the scruffe was taken away , with sea ware , and sowe Barley vpon it . In this Iland is such abundance of Whales taken , that ( as aged men report ) the Priests will get of small and great together , 27 Whales for their tenth . There is also in this Iland , a great Caue , wherein the sea at a low water abides two faddome high , and at a full sea , it is more than foure faddome deepe : people of all sorts and ages sit vpon the rockes thereof , with hooke and line , taking innumerable multitude of all kinde of fishes . South-east from Lewis , almost threescore miles , there is a little Iland lowe and plaine , well manured , named Rona , the Inhabitants thereof , are rude men , and almost without religion . The Lord of the ground limits certeine number of households to occupie it , appointing for euery householde , few or many sheepe , according to his pleasure , whereon they may easily liue and pay him his rent . Whatsoeuer rests at the yeeres end , more than their necessary sustentation , they send the same yeerely to Lewis to their master . The rent for the most part which they pay , is barlie meale , sewed vp in sheepe-skinnes in great quantitie , ( amongst them growes no store of any other kinde of graine . ) Mutton , and so many sea-fowles dried at the Sunne , as they themselues leaue vneaten at the yeeres end , are sent to their master . And in case , at any time the number of persons increase in their houses , they giue all that exceed the ordinary number , to their master ; so that in my opinion , they are the onely people in the world that want nothing , but hath all things for themselues in abundance , vncorrupt with lecherie or auarice , and are indued with innocencie and quietnesse of minde ( which other people with great trauell seeke out by the institutions and precepts of Philosophie ) purchast to them by ignorance of vice , so that they appeare to want nothing of the highest felicitie that may be , except only , that they are ignorant of the commoditie of their owne condition . There is in this Iland , a Chappell , dedicated to Saint Ronan : wherein ( as aged men report ) there is alwayes a Spade , wherewith , when as any is dead , they finde the place of his graue marked . In it , besides diuers kindes of fishings , there are many Whales taken . Sixteene miles West from this Iland , lies Suilkeraia , a mile in length , but in it growes no kinde of hearbe , no not so much as Hadder : There is only blacke craggie hilles in it , and some of them couered with blacke mosse . Sea-fowles lay their egges in sundrie places thereof , and doe hatch . When they are neere their flight , the inhabitants of Leogus , next neighbours vnto it , saile thither , and remaine there eight daies , or thereabout , to take and gather the fowles , drying them at the winde , and load their boates with the dried flesh and feathers thereof . In that Iland is seene a rare kinde of fowle , vnknowen to other countries , named Colca , little lesse in quantity , then a Goose. These fowles come there euery yeere in the Spring time , hatch and nourish their young ones , till they be able to liue by themselues . About that same very time , they cast their fethers , and become starke naked of all their body , and then they get themselues to the sea , and are neuer seene againe , till the next Spring . This farther is notable in them : their feathers haue no stalke , as other fowles feathers haue , but they are all couered with a light feather , like vnto Doun , wherein is no kinde of hardnesse . The Iles of Orkenay in the North of Scotland . Now follow the Iles of Orkenay , lying scattered , partly in the Deucalidon sea , partly in the Germaine seas , towards the North parts of Scotland . The ancient writers , and the late writers , both agree sufficiently vpon their name ; but yet neuer man ( so farre as I know ) hath giuen any reason of the same , neither yet is it sufficiently knowen , who were the first possessors thereof . All men notwithstanding , alledge their originall to be from Germany , but of which countrey they are discended , none hath expressed : Vnlesse we list to coniecture from their speech they sometime spake , and yet speake the ancient language of the Gothes . Some are of opinion , that they were Pights , chiefely perswaded heereunto , through their deuision by the sea named Perth , and Firth from Caithnes , who likewise suppose , that the Pights were of their originall Saxons , mooued heereunto by the verse of Claudian , taken out of his 7. Panegericke : Maduerunt Saxone fuso Orcades , incaluit Pictorum sanguine Thule , Scotorum cumulos fleuit glacialis Ierne . But these mens errors may be easily confuted , partly by Beda , an English Saxon himselfe , who affirmes , that God was praised in seuen sundry languages amongst the Britaines : and that the Pights language was one of them , may well appeare ; for if that at that time the Pights had spoken Saxon , ( which was then the vncorrupted speech of the Englishmen ) hee would then haue made no diuision betwixt the Saxons , and the Pights language : and partie also confuted by Claudian himselfe , who in the very same verses , disertly noteth the Pights , a seuerall people from the Saxons , affirming , the Countrey of the one nation to be Orknay , and the Countrey of the other , Thule : from which Country soeuer they be descended , at this day , their language differs both from the Scottish and English tongues , but not much differs from the Gothes . The common people to this day , are very carefull to keepe the ancient frugality of their Predecessors , and in that respect they continue in good health for the most part , both in minde and body , so that few die of sicknesse , but all for age . The ignorance of delicacie , is more profitable to them , for preseruation of their health , then the Art of medicine , and diligence of Mediciners is to others . The same their frugality , is a great helpe to their beauty and quantity of stature . There is small increase of Cornes amōgst them , except of Oates and Barley , whereof they make both breade and drinke . They haue sufficient store of quicke goods , Neat , Seepe and Goates , and thereby great plenty of milke , cheese and butter . They haue innumerable sea Fowles : whereof ( and of fish , for the most part ) they make their common food . There is no venemous beast in Orknay , nor none that is euill fauoured to looke vpon . They haue little Nagges , little worth in appearance , but more able & mettelled for any turne , then men can beleeue . There is no kinde of tree , no not so much as a sprig in Orknay , except Hadder : The cause heereof , is not so much in the aire and ground , as in the sloth of the Inhabitants . This may be easily prooued by roots of trees that are taken out of the ground , in sundry parts of the I le . When Wine comes there in ships forth of strange countries , they geedily swallow it , till they be drunken . They haue an old Cup amongst them , which ( to the effect their drunkenesse may haue the greater authority ) they say did appertaine to Saint Magnus , the first man that brought the Christian Religion into that countrey . This Cup exceeds farre the common quantity of other Cups , so as it appeares to haue beene kept since the banquet of the Lapithes . By it they trie their Bishop first , when he comes amongst them . Hee that drinkes out the whole cuppe at one draught , ( which is seldome seene ) is by them extolled to the skies ; for heereof , as from a blyth presage , they conceiue with themselues , increase in their goods , the yeeres following . Heereupon , we may easily coniecture , that the frugalitie whereof I speake , proceeded not so much from reason , and care to bee frugall , as from pouertie and scarcitie . And the same necessitie ( that was Mother of this frugalitie at the beginning . ) kept her daughter long after amongst the ofspring of that I le , till such time , as the countries lying neere vnto it , ( Luxurie increasing ) being corrupted , the auncient discipline by little and little deformed , they likewise gaue themselues to deceitfull pleasures . Their traffique also with Pirats , was a great spurre to the decaie of their temperancie . The Pyrats fearing to frequent the company of them that dwelt in the continent land , got fresh water foorth of the Iles , made exchaunge with the inhabitants thereof , giuing them wines , and other sleight marchandise for fresh riuers , or taking the same vpon slight prices from the people : who being a small number without armes , and lying so wide one from another , in a tempestuous Sea , staying and impeding their incurrence for mutuall defence , and finding themselues vnable to withstand those Pyrats , considering also their owne securitie , ioyned with aduantage and pleasure , were contented , not altogether against their willes , to receiue them ; at least , they opponed not themselues directly vnto them . The contagion of maners began not in the simple people , but it did both begin and continued in the wealthie men , and Priestes . For the common sort at this day , keepe some remembrance of their accustomed moderation . The Orkenay sea is so tempestuous and raging , not onely in respect of the violent windes , and aspect of the heauens ; but also in consideration of the contrarious tides , running headlong together from the West Ocean , that the Vessels , ( comming in anie strayt betwixt two landes ) can neither by saile nor oare , once releeue themselues of raging tides , and whirling waues of the Seas . If any dare approach the strait , they are either violently brought backe into the sea , by the rage thereof , broken vpon rockes , and driuen vpon skares , or else by the sworle of the seas , sunke in the waues thereof . These Straits may be passed at two times of the tyde , when the weather is calme , either at a deepe neep , or at a full sea . At these times , the great Ocean , offended with contentious tides ( whose force raised huge contrary waues ) sounds ( as it were ) the retreat , in such sort , that the surges of the seas , oft before raging , returne againe to their owne camps . Writers agree not vpon the number of these Iles of Orkenay . Plinius saies there be 40. Iles of them . Others thinke there is but 30. or thereabout . Paulus Orosius accounting them to be 33. in number , iudgeth the neerest the truth . Of these there be 13. inhabited , the remanent are reserued for nourishing of Cattell . There are also some little Ilands amongst them , of so narrow bounds , that scarcely ( albeit they were laboured ) are able to sustaine one or two labourers . Others are but either hard crags bare , or else crags couered with rotten Mosse . The greatest of the Orkenay Ilands , is named by many of the ancients , Pomona : At this day , it is called , The firme lande , for that it is of greater quantitie then any of the rest : It is 30. miles of length , sufficiently inhabited . It hath twelue Countrey parish Churches , and one Towne , named by the Danes ( to whose Iurisdiction these Ilands were sometimes subiect ) Cracomaca , but now the name being corrupt , it is called in Scottish Kirkwaa . In this towne there are two little Towers builded , not farre the one from the other : one of them appertaines to the King , the other to the Bishop . Betwixt these two towers , stands one Church , very magnifique for such a Countrey . Betwixt this Church and the towers on either side , are sundrie buildings , which the Inhabitants name , The Kings towne , and the Bishops towne . The whole Iland runnes out in Promontories or heads , betwixt which , the sea runnes in , and makes sure hauens for ships , and harbours for boats . In sixe sundrie places of this I le , there are Mines of as good Lead and Tynne as is to be found in any part of Britayne . This Iland is distant from Caithnes 24. miles or thereabouts , deuided from thence by the Pights sea , of whose nature we haue already spoken . In this sea are diuers Ilands scattered here and there , of whom Stroma for the quantitie , lying foure myles from Caithnes , is one , and that not vnfruitfull : but because it lies so neere to the continent land of Britaine , and that the Earles of Caithnes haue alwaies bene Masters and Lords thereof , it is not accounted amongst the Iles of Orknay . From this Iland Northward , lies South Ranalsay , which is distant from Duncan-bey , ( or rather Dunachis-bey ) sixteene miles , and may be sailed with tide , although there bee no winde , in the space of two houres , the course of that Sea is so vehement . Ranalsay is fiue miles long , and hath a commodious hauen , named after Saint Margaret . From it , somewhat Eastward , there lie two little vnoccupied Ilands , meete for pastouring of cattell , called by the Orkenay men , in their originall language , Holmes ; that is , plaine grassie ground vpon water sides . Toward the North , lies Burra ; Westward lie three Ilands , euery one of them besides another ; Suna , Flata , and Fara , and beyond them , Hoia , and Walles , which some men thinke but one Iland , and others esteeme it two : for that at the time of the Equinoctials , the Spring tydes are verie great and high ; and at the dead Neap , the sands are bare , ioyning them together at one straight throat , making one Iland of both : Yet when the tyde turnes and filles the straight againe , they appeare to be two Ilands . In these Iles are the highest hilles that are in all Orkenay . Hoia and Walles are ten miles of length , distant from Ranalsay eight miles , and more then 20. miles from Dunkirk in Caithnes . By North of it , is the I le Granisa , situate in a narrow Firth , betwixt Caithnes and Pomona . The West side of Pomona lookes to the West Sea directly : Into the which , so farre as men may see , there is neither Iland nor Craig . From the East point of Pomona , lies Cobesa ; and vpon the North side , it is almost inuironed by the Iles adiacent thereunto . Siapinsa turning somwhat East , lies 2. miles from Kirkwaá , euen ouer against it , 6. miles of length . Right West from Siapinsa , are the two little Ilands , Garsa and Eglisa , 4. miles of length : In this Iland they say , Saint Magnus is buried . Next vnto it , and somewhat neerer the continent land , is Rusa , 4. miles of length , and 3. miles of breadth in some places , well peopled . A little west-ward lies the little Iland Broca . Besides all these Iles , there is another band of Iles , lying to the North , the East-most whereof , is Stronza , & next it , Linga , fiue miles of length , and two of breadth : then sundrie Ilands , named Holmes . The Haá fiue miles of length , and two of breadth . By East of it , lies Fara : and North from Fara , Wast●á , running out into the sea in many heads and promontories . Aboue Stronza , at the East end of Etha , lies Sanda , Northward , ten miles of length , and foure of bredth , where it is broadest . Sanda is most fertill of Corne , of all the Ilands of Orknay ; but it hath no kinde of fire within it selfe ; so the In-dwellers are compelled to make exchange of their victuals for Peits ( a kinde of blacke Mosse ; whereof , almost all the North-parts of Scotland make their fire ) with their neighbours the Ethanes . Beyond Sanda , lies North Rannalsaá , two myles of length , and two of breadth . No man may passe it , but in the middest of Summer , and that , what time the sea is very calme . Vpon the South-side of Pomona , lies Rusa , sixe myles of length : and from it Eastward , Eglisa , wherein , as is reported , Saint Magnus is buried . From Eglisa South , Veragersa : and not farre from it , Westraá : from which , Hethland is distant 80. myles , and Papastronza lies 80. myles from Hethland . In the midway betwixt , lies Fara , that is , the faire Iland , standing in the sight of Orknay , and Hethland both : It riseth in three high promontories or heads , and shore craig round about , without any kind of entrance , except at the South-east , where it growes a little lower , making a sure harborow for small boats . The In-dwellers thereof are very poore : for the fishers that come out of England , Holland , and other Countries , neere vnto the great Ocean , yeerely to fish in these seas , in their passing by this Iland , they spoile , reife , and take away at their pleasures , whatsoeuer they finde in it . Next vnto this Iland , is the greatest Ile of all Hethland , which in respect of the quantitie , the In-dwellers name , The Mane-land , 16. miles of length . There are sundry promontories or heads in it , amongst which , there are onely two to make account of : the one long and small , runnes North : the other broader , as in some part 16. miles , runnes Northeast . It is inhabited for the most part vpon the sea-coast . Within the country , there is no kind of quicke beast , except the fowle flying . Of late the labourers attempted to manure farther within the Country then their predecessors were accustomed to doe , but they reported small aduantage for their paines . There is very good fishing round about the whole country , and so their commodity stands by the sea . From this Land 10. miles Northward lies Zeall , 20. miles of length , and eight miles of bredth , so wild a ground of nature , that no kind of beast will liue in it , except they that are bred in the same . They say that the Bremes Marchants come thither , and bring to them all forraine wares they need , in abundance . Betwixt this Iland and the maine land , lie these little Ilands : Linga , Orna , Bigga , Sanctferri : 2. miles North-ward from these , lies Vnsta , more then 20. miles of length , and sixe miles of bredth , a plaine country , pleasant to the eie , but it is compassed by a very tempestuous sea . Via and Vra , are cast in betwixt Vnsta and Zeall . 2. Ilands , Skenna & Burna , lie Westward from Vnsta , Balta , Hunega , Fotlara , seuen miles long , and 7. miles Eastward from Vnsta , 8. miles from Zeall : ouer against the sea that deuides Zeal from Vnsta , lies Fotlara , more then 7. miles of length . There are diuers vnwoorthy Ilands lying vpon the Eas●side of the maine land : Mecla , the three Ilands of East Skennia , Chualsa , Nostvada , Brasa , and Musa . Vpon the West side lie West Shemniae , Roria , little Papa , Venneda , great Papa , Valla , Trondra , Burra , great Haura , little Haura , and so many Holmes lying scattered amongst them . The Hethlandish men vse the same kind of food that the Orknay men vse , but that they are somewhat more scarce in house-keeping . They are appareled after the Almaine fashion , and according to their substance , not vnseemely . Their commoditie consisteth in course cloth , which they sel to Norway men , in fish , oile , & butter . They fish in little cockboats , bought from the Norway men that make them . They salt some of the fish that they take , and some of them they dry at the winde . They sell those wares , and pay their Masters with the siluer thereof . A MEMORIALL OF THE MOST rare and woonderfull things in Scotland . AMong many Commodities , that Scotland hath common with other Nations , it is not needfull to rehearse in this place , in respect of their particulars , declared at length before : It is beautified with some rare gifts in it selfe , wonderful to consider , which I haue thought good not to obscure ( from the good Reader ) as for example . In Orknay , besides the great store of sheepe that feede vpon the maine lande thereof , the Ewes are of such fecunditie , that at euery lambing time , they produce at least two , and ordinarily three . There be neither veneme us or rauenous beastes bred there , nor doe liue there , although they be transported thither . In Schetland , the Iles called Thulae , at the time when the Sunne enters the Signe of Cancer , for the space of twenty daies , there appeares no night at all ; and among the rocks thereof , growes the delectable Lambre , called Succinum : Where is also great resort of the beast called the Mertrik , the skins whereof are costly furrings . In Rosse , there be great Mountaines of Marble , and Alabaster . In the South of Scotland , specially in the Countries adiacent to England , there is a Dog of maruellous nature , called the Suth-hound ; because , when as he is certified by wordes of Arte , spoken by his Master , what goods are stolne , whether Horse , sheepe , or Neat : immediatly , he addresseth him suthly to the sent , and followeth with great impetuositie , through all kind of ground and water , by as many ambages as the theeues haue vsed , till he attaine to their place of residence : By the benefit of the which Dogge , the goods are recouered . But now of late , he is called by a new popular name , the Slouth-hound : Because , when as the people doe liue in slouth and idlenesse , and neither by themselues , or by the office of a good Herd , or by the strength of a good house , they doe preserue their goods from the incursion of theeues and robbers : then haue they recourse to the Dogge , for reparation of their slouth . In the West , and North-west of Scotland , there is great repairing of a Fowle , called the Erne , of a marueilous nature , and the people are very curious and solist to catch him , whom thereafter they punze off his wings , that he shall not be able to flie againe . This Fowle is of a huge quantitie : and although he be of a rauenous nature , like to the kind of Haulks , and be of that same qualitie , gluttonous ; neuerthelesse , the people doe giue him such sort of meate , as they thinke conuenient , and such a great quantitie at a time , that he liues contented with that portion , for the space of fourteene , sixteene , or twentie daies , and some of them for the space of a Moneth . The people that doe so feed him , doe vse him for this intent : That they may be furnished with the feathers of his wings , when hee doth cast them , for the garnishing of their arrowes , either when they are at warres , or at hunting : for these feathers onely doe neuer receiue raine , or water , as others doe , but remaine alwaies of a durable estate , and vncorruptible . In all the Moore-land , and Mosse-land of Scotland , doth resort the blacke Cocke , a fowle of a marueilous beautie , and marueilous bountie : for he is more delectable to eate , then a Capon , and of a greater quantitie , cled with three sorts of flesh , of diuers colours , and diuers tastes , but all delectable to the vse and nouriture of man. In the two Riuers of Deé and Done , besides the maruellous plentie of Salmon fishes gotten there , there is also a marueilous kinde of shel-fish , called the Horse-mussell , of a great quantitie : wherein are ingendred innumerable faire , beautifull and delectable Pearles , conuenient for the pleasure of man , and profitable for the vse of Physicke ; and some of them so faire and polished , that they bee equall to any mirrour of the world . And generally , by the prouidence of the Almightie God , when dearth and scarcitie of victuals doe abound in the land , then the fishes are most plentifully taken for support of the people . In Galloway , the Loch , called Loch-myrton , although it be common to all fresh water to freeze in Winter , yet the one halfe of this Loch doth neuer freeze at any time . In the shire of Innernes : the Loch , called Loch-nes , and the riuer flowing from thence into the sea , doth neuer freeze : But by the contrary , in the coldest daies of Winter , the Loch and riuer are both seene to smoake and reeke , signifying vnto vs , that there is a Myne of Brimstone vnder it , of a hot qualitie . In Carrik , are Kyne , and Oxen , delicious to eate : but their fatnes is of a wonderfull temperature : that although the fatnes of all other comestable beasts , for the ordinarie vse of man , doe congeale with the cold aire : by the contrarie , the fatnesse of these beasts is perpetually liquid like oile . The wood and Parke of Commernauld , is replenished with Kyne and Oxen , and those at all times to this day , haue beene wilde , and all of them of such a perfect wonderfull whitenesse , that there was neuer among all the huge number there , so much as the smallest blacke spot found to be vpon one of their skinnes , horne , or clooue . In the Parke of Halyrud-house , are Foxes , and Hares , of a wonderfull whitenesse , in great number . In Coyle , now called Kyle , is a rock , of the height of twelue foot , and as much of bredth , called the Deafe Craig , For although a man should crie neuer so loud , to his fellow , from the one side to the other , he is not heard , although he would make the noise of a gunne . In the countrey of Stratherne , a little aboue the old towne of the Pights , called Abirnethie , there is a maruellous Rocke , called the Rocke and stone , of a reasonable bignes , that if a man will push it with the least motion of his finger , it wil mooue verie lightly , but if he shall addresse his whole force , he profites nothing : which mooues many people to be wonderfull merry , when they consider such contrarietie . In Lennox , is a great Loch , called Loch-lowmond , being of length 24. miles , in bredth eight miles , containing the number of thirtie Iles. In this Loche are obserued three woonderfull things : One is , fishes very delectable to eate , that haue no fynnes to mooue themselues withall , as other fishes doe . The second , tempestuous waues and surges of the water , perpetually raging without windes , and that in time of greatest calmes , in the faire pleasant time of Summer , when the aire is quiet . The third is , One of these Iles , that is not corroborate nor vnited to the ground , but hath beene perpetually loose : and although it be fertill of good grasse , and replenished with Neat ; yet it moues by the waues of the water , and is transported sometimes towards one point , and otherwhiles toward another . In Argyle , is a stone found in diuers parts , the which laid vnder straw or stubble , doth consume them to fire , by the great heat that it collects there . In Buquhan , at the castle of Slains is a caue , from the top whereof distilles water , which within short time doth congeale to hard stones , white in colour . In this countrey are no Rottons seene at any time , although the land be wonderfull fertill . In Lothien , within two miles of Edinburgh , Southward , is a wel-spring , called , Saint Katherins well , which flowes perpetually with a kind of blacke fatnesse , aboue the water : whereof Dioscorides makes mention . This fatnes is called Bitumen aquis supernatans . It is thought to proceed of a fat myne of Coale , which is frequent in all Lothien , and specially of a sort of coale , called vulgarly the Parret coale : For as soone as it is laid in the fire , it is so fat and gummy , that it renders an exceeding great light , dropping , frying , hissing , and making a great noise , with shedding and diuiding it selfe in the fire , and of that marueilous nature , that as soone as it is laide in a quicke fire , immediately it conceiues a great flame , which is not common to any other sort of coale . This fatnes ; is of a marueilous vertue : That as the coale , whereof it proceeds , is sudden to conceiue fire and flame , so is this oile of a sudden operation , to heale al salt scabs and humours , that trouble the outward skin of man , wheresouer it be , frō the middle vp , as commonly those of experience haue obserued . All scabbes in the head , and hands , are quickly healed by the benefit of this oile , and it renders a marueilous sweet smell . At Abirdene is a well , of marueilous good qualitie to dissolue the stone , to expell sand from the reines and bladder , and good for the collicke , being drunke in the Moneth of Iuly , and a few daies of August , little inferiour in vertue to the renowned water of the Spaw in Almanie . In the North seas of Scotland , are great clogges of timber found , in the which , are marueilously ingendred a sort of Geese , called Clayk-geese , and do hang by the beake , til they be of perfection ; ofttimes found , and kept in admiration for their rare forme of generation . At Dumbartan , directly vnder the Castle , at the mouth of the riuer of Clyde , as it enters into the sea , there are a number of Claik-geese , blacke of colour , which in the night time do gather great quantitie of the crops of the grasse , growing vpon the land , and carry the same to the sea . Then they assemble in a round , and with a wondrous curiositie , do offer euery one his owne portion to the Sea-floud , and there attend vpon the flowing of the tide , till the grasse be purified from the fresh taste , and turned to the salt : and lest any part thereof should escape , they labour to hold it in , with labour of their nebbes . Thereafter orderly euery fowle eates his portion . And this custome they obserue perpetually . They are verie fatte , and verie delicious to bee eaten . FINIS . Notes, typically marginal, from the original text Notes for div A07623-e27550 The borders in order . The causes of their denominations . The Townes of Lothian . The chiefe townes of Clyddisdaill . G●lloway described . Carrik described . Kyle described Cunninghame described . Renfrew described . Clyddisdaill . Two ancient monuments . The countrey people doe call it Arthours ouen . A fertill soile . Atholl - Dunkeld . Gowrie . Angusse . This towne is now called by all men in the Vulgar tongue , Downdee . Abirdene . Abirdene , an vniuersity . flourishing in all kinde of artes . Marre . Badzenoch . Habre . The broadnesse of Scotland . Buquhan . A strange . thing . Boyne & Enzeé . Murray . A Loch of a strange nature . Rosse : the descriptiō thereof . Nauarne . Sotherland . Hilles of white Marble . Caithnes . The desdiuided . The numbers of the Scottish Iles are 300 Iles and aboue . The maner of their bankets . Their drinke . Their attire , coloured garments . Their maner of lodging . Their armour in time of war. An ancient Castle . Iura . Lutea . Taxus , a tree not vnlike to the Fir-tree , but the fruit thereof is venemous . Iland like a man. Iland of Weauers . Buriall places of the Kings of Scotland . Kings of Ireland . Kings of Norway . Horse-Iland . Swine-Iland . A strange kind of fish . A barbarous people . Iland of Pigmeis . Adams Iland . Horse-Ile . Whales . A happie people . A miracle . A strange kinde of Fowle , haunting in the I le of Suilkeraia . A healthfull countrey . No venemous beast in Orknay . Their Horse . S. Magnus Bicker . Dangerous seas . The ancient and new name of the chiefest Towne in Orkenay . Mynes of Lead and Tynne . An Iland wherin no kinde of she-beast will liue 24 houres together , except Ky , Ewes , Conies and such beasts , as may be eaten . 
A13394	----	Rapta Tatio The mirrour of his Maiesties present gouernment, tending to the vnion of his whole iland of Brittonie martiall. 1604 Approx. 79 KB of XML-encoded text transcribed from 31 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A13394 STC 23705 ESTC S118166 99853375 99853375 18757 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A13394) Transcribed from: (Early English Books Online ; image set 18757) Images scanned from microfilm: (Early English books, 1475-1640 ; 1010:16) Rapta Tatio The mirrour of his Maiesties present gouernment, tending to the vnion of his whole iland of Brittonie martiall. Skinner, John, Sir, fl. 1604, attributed name. Skene, John, Sir, 1543?-1617, attributed name. Douglas, N., attributed name. [64] p. Printed by W. W[hite] for S. Waterson, At London : 1604. Variously attributed to Sir John Skinner, to Sir John Skene, and to N. Douglas. See Halkett & Laing, 3rd ed., p. 164. Printer's name from STC. Signatures: A-H⁴. The first leaf and the last leaf are blank. B4 is a cancel in all copies. It is set in duplicate; recto line 8 ends (1) "friendes," or (2) "frindes,". Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. 2003-07 TCP Assigned for keying and markup 2003-07 Apex CoVantage Keyed and coded from ProQuest page images 2004-01 Jonathan Blaney Sampled and proofread 2004-01 Jonathan Blaney Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion RAPTA TATIO . THE Mirrour of his Maiesties present Gouernment , tending to the Vnion of his whole Iland of Brittonie Martiall . Rumpatur quisquis rumpitur inuidia . AT LONDON , Printed by W. W. for S. Waterson . 1604. Ignibus vnionis arden S. To the Right Honorable and famous Cities London and Edenborough , Yorke in the way not vnsaluted ; and to their Inhabitantes , and Friendes of all conditions . BEcause in you ( especially ) be the newses of all Common-wealthes causes ; I choose you , to whom to dedicate the Discourses vpon the Vnion debated . Of other natures are other Recordes likewise interserted , as argumentes moderne in your dayly vses . Bee you all strong Friendes to this great good of your estates , and no partie shall be thought able to withstand you , and your followers . My selfe begge nothing of you , nor seeke to borrow vpon credite ; though I know you trust much ; and in so doing , giue it when you are not payde : But if I once see Bonfiers in you for this new Coniunction , yours wil be the Chiefest benefite , mine a share of the Comfort . That if it happen to be concluded , burne my Bookes then , as part of Ioyes Fewell : If that misse good euent , and mine affection shall be suspected , or argumentes neglected , a badde Birdes ill Egge , I know , will not haue worse fortune . Howsoeuer my Zeale is such to you , and to this Case , as I referre it and my selfe , humbly to your Censures : willing to make my selfe better knowne , then when I shal be assured I can deserue well of you : till which time come , gladdest if it were quickly , I rest . Euer at your commaunde , Your Country-man and a Brittaine . The explanation of the Title , and application thereof . WHEN the Romaines for continuance of their people and common-wealth , made Vnion with their Neighbours the Sabines and the rest , by taking their Daughters ( though against their willes at first ) to wiues , whom afterwardes proofe shewed , they could not better haue bestowed : the chiefest of the rest was reserued for Tatius : The credite of whose name was of such authoritie , that not the very enemies would make resistaunce . That if they then yeelded to , for a Noble mans fancie in his affection ; let a generall good now , be more powerfull for a Kinges desire of a Common-weale . Hoc tantum inspice qui nobis paratur , An possit fieri vetus sodalis . The Title . RAPTA TATIO . Haec facies testatur amorem . Anagram . AT AT PATIOR . Nec facies placet cui gelasinus abest . Vpon both . Praeda datur Tatio : mea miles vulnera porto : vt verè dicam dum potior patior . Sed modicum patiar , quia nisus nomine tanto , et tanto fultus numine tutus ero . Rapta Tatio . HAuing ( you great Citties and your friendes and followers ) since I saw all vse of my poore endeuors spared , or rather found disabilitie in them to afforde vse to the state , or person of my dread Soueraigne , or of his royall Queene , or ishew ; sequestred my selfe from either sawcie intrusions or shamelesse suites ; I thought I should so haue been forgotten , and might also haue been suffered without offence to forget : But so full are all thinges euery where of his Maiestie , as euen in my retiredest priuatenesse , by Subiectes who could not iudge of ought , but what the Subiect enabled them to ; neither take much ioy in any thing , but in Haruestes , Mariages , and Holydayes ; nor speake for much more , then Nature and the Countries vocation giues direction for : I haue been assaulted with their welcome , yet vehement endeuours , of expressing their ioyes for him ; their comfortes in him ; their hopes from him , their dueties to him ; in deed their admiration , of not onely what they see , but what they feele themselues euen warmed and comforted by , not to all men in able Iudgement visible , but euery where by some vertue or other sensible : no lesse then they professe his Maiesties Proclamations to their vnderstandings notable ; his caryage and manage of himselfe and his iudgement in treasons so little deserued , by Subiectes no whit iustly agreeued , taken to mercy besides all law , but that which his owne heart and vnderstanding inuentes and affoordes ; not a little rare , yet very royall . Aboue all it may be , ( for being last in memorie ) they seeme full of a speech his Highnesse made in the beginning of the Parliament : for place in such a session ; for vtteraunce , so delyuered ; vpon further suite and neede thereof so reitterated ; the argumentes , so gratious ; for vse , so necessarie ; seene euen before proofe so iudiciall ; as when they of their kind could finde vnderstanding to commende , fulnesse to vtter ; it so farre set on fire my spirit , to giue my selfe satisfaction about ; as whether scorne to be ouermatched by those in that argument , or new desire enflamed to apprehend so glorious a world , gaue the instigation I know not ; vp rose againe those spirits which had faythfully borne zeale ( and that without fault otherways ) to his Highnesse , when communitie knew him not ; in dayes when Nobilitie treated but sparingly of him ; and the time had kept him in breeding in a countrey fit to make him wise and hardy , as any of his auncestours ; lesse soft and delicate then many of his progenitors . Pardonable then ( I hope ) it shall be esteemed , if to ioyne with the rest , or salute their gratulations to him first , what came from him , comes for him : the meditation of Subiectes wishes , the vnderstanding of many their senses , directed to acknowledge how vnworthy they are so gratious & so good a King , who publikely professeth to thanke them for that , for which , God and he himselfe is to be thanked , in that he was borne , and refuseth not his ende for which : who professeth peace ; feareth no warre ; standeth stifly to religion with a prudent discretion ; seekes vnions for vnitie ; giues his owne for the Common-wealthes cause the most , and yet accomptes to it for what he giues : doth all things as doubting which vpon tryall are surely placed . And though my selfe be too vnworthy to explaine what his Maiesties hidden prouisions are , of those which haue open shew for his Kingdomes good ; and know how neare flatterie and grosse adulation plaine deliuerie and trueth comes : yet since they be good desires in others , none ill in my selfe , which haue stirred me vp to this presumption ; and Vertue may be as confident to challenge her owne , as Vice is apt to borrow of insinuation ; I aske leaue that I represse not my thoughtes in silence , neither spare to lay them downe so insufficiently , in so able an age . But yet daring no further , you may be pleased , as Dionisius made Aristippus beleeue , that his eares were in his feete , to heare with your heeles : or if the worke be not worthy to be taken vp , it can not be vile enough , if it shall not be otherwise censured , hauing loue & duetie , zeale and care of countrey therein , to be trodden vpon . And here in what I shall discourse , as I haue caught it by vulgar relations , and remember it happely but vnfittingly for the vse should be made of it : so , if either I had had direction to write , instruction of occurrents , and priuitie to haue made right vse ; my paynes should haue been imployed to haue giuen that satisfaction to this cause , which now I ayme at : and but onely for the gladnesse of the popular duety to so gratious a Soueraigne , I could not haue been thrust vpon . And herein I will not deale with my loue to them , as the Sleeper did with the Coniurer , who hauing told him , that a dreame of an Egge signified treasure , sent him onely of siluer and gould ( whereof he had found some quantitie ) a portion of the siluer , and put him to aske for newes of the Yolke numquid de vitello : for euen all the substaunce in my Shell , is wholly this argumentes : and the more deuoutly , since with Deiotarns our King is not building of Citties at the thirteenth houre of the day : nor with Crassus , at sixtie yeeres olde , beginning to march against the Partheans : but euen at his first entraunce , doth so addresse himselfe to his gouernement , as all are proude at this instant , who spake well before , and they who see him now , find abilitie to speake for euer . It shall not be sayd of him , he beares his time well , as if somewhat were to be allowed to his new enteraunce ; but he vseth his time well . It was Damasippus fault to giue Cicero so much aduantage , hauing bidden him to supper , as by hauing kept his Wine fourtie yeeres in his house , to be subiect to his guestes censnre , that it bore the age well . This Kinges time came when it should be vsed , and is vsed when it is come : England allured not him to it , till it sent to him for it . He hath taken a state Captiue , by Gods prouidence , and his Maiesties good vsage of his guifts ; was not taken prisoner , as Policrates was by Eurotes : Therefore he pertakes Gods blessinges not against the Fates , but by direction of the Heauens . Before his Highnesse is treasure , in his comming hither : some ( I hope ) will finde it behinde him , if God blesse the golden Mynes in Scotland . Cefellius Bassus applauded Nero for being deere vnto the Gods , as in whose time onely , Gold long time hidde , came to light . There are ( I cannot denie ) who are so vnhappie , as to coniecture , that some that hath seene light , is gone that way to be hidde : But neither shall fayle the vse of this Kingdome , if God blesse the ones finding , and graunt meanes to the others returning , since now the King hath propounded , that an vnion may be confirmed ▪ the only meanes to draw al vses from thence , to the good of vs heere , without our losse in any thing , which with the gaine by this cause , will not be well requited ; nor will it be long to the appearance thereof , when his Maiesties subiectes shall be all conioyned , which are borne and inhabite within one continent , haue , and long may they haue the same soueraigne , suffer noe deuision , nor which euer did , other then what the Diuell drew on for the punishment of both ; and it seemes Gods sacred ordinance , to mooue the Kings Maiestie to affect the amendes of , for the good of either . They haue reason to follow , where their King is ; wee cause to imbrace them , who come with him . The Countrey besides is honored in his Highnesse , which bredde such a King , as liues to prooue ( hath not a bare testimonie of a thing forgotten ) more abilitie in him selfe , then Darius on his Tombe was commended for : I was a f●iend to my friends , an horseman and bowman excellent : I was best of Huntsmen , and in my person could doe all thinges . And shall not Cirus his counsaile to Cambises his sonne , make vs more assured , to haue a Scepter compacted of multitudes of Friends , then of quantitie of Gold. And how can we compact them , but to make them like Niobees Tombe , being the Marble ? This Tomhe hath no dead body ; this dead body hath no Tombe : but the one is the other , and either is each . And if friendship be as Senica saith , Negotiatio quae ad comodum accedit : The King hath greatest cause ( if their ingratitude shall not giue him cause to be weary of both ) to ioyne them in strrct bandes of all comfortable all entire & equall Loues betwixt them ; since the greatest profite which euer can come to either of them , must be in seeing the welfare , and enioying the lyfe of him alone . Nor is it fitte that his friendes should not be vnited ( I presume to call his Subiectes his friendes , as by a deare tytle , as well as humble ) ; since better it is the King were not of agreeing harmonie in himselfe , then where his friendes were naught , the King himselfe were of good disposition . And if the difference were any , for the exchange : some haue sayd Procul a loue et a fulmine ; the conuersations of Kinges haue euer been helde like the nature of the Flames , warme further of , and burning neerer . The King shall better represse further off in this forme , by this meanes giue greater scope to the Subiect neerer hand : by that course , his further people shal be made more ciuill ( I speake of the priuater of them ) , these not so great flatterers , ( I speake not much of the publicker of these ) whose so often kneelinges , his Maiestie , it is sayd , hath so much forbidden , as if he had seene Tiberius the Emperour fall on his face , running away from a fellow , who hung vpon him kneeling . A Woman did the like vpon this our King at Royston , whose Husband , that he might liue disorderly with his Grey-hound , against the Kings Proclamation , left to liue orderly with his wife according to the institution of Marriage . Yet as for the one , I meane not altogether the men of the Lues ; ( part of whose Countrey I had hoped , that ere this time , the battered Garrison of Barwicke should haue had ) so I feare not much the other , who can onely alledge , Offa me monet , the King hauing Subiectes ( of whom his Maiesties owne note is , that they were borne to haunt , shame , and starue himselfe ) of able meanes to reforme them , by cutting off allowaunces . The condition of those , I professe , to be more dangerous , who can amende mistakinges : And to the question quid brachium can reply , illud dicere volui femur , who can either turne an Argument of strength into lasciuiousnesse ; or can alter with occasion , and flatter euen vice , if they could here find it . But while ill thinges ought not to be commended , ill men can be allowed no fitte praysers : Seneca in his Tractate of the honest lyfe , sayth : Wee ought to be as much ashamed to be commended of bad men , as if we were praysed for ill conditions . Reuerend and Worthy men hath the King to heare , as euer King was serued withall , both graue and wise : and wise and stoute : such as of whom it can not be sayd , that they haue lesse of Eloquence then of Fayth ; being as excellent speakers , as carefull doers : neither lesse Honor , then may commaunde duetie ▪ being many by him selfe aduaunced , others better then alwayes confirmed , or more then before increased . They are they to whom the Law can not be vnpleasing , that Amasis King of Egypt made vti singuli apud praesides prouinciae ostenderent vnde viuerent . That is in England on capitall head of many manifolde vices , when men may liue by what meanes they can , onely answearing vnto publicke accusations ; whereas how they get , what they spende ; how they spende , what they get ; how they outface meaner Magistracie ; how they blinde greater , in causes of danger how they find many , and the Common-wealth few friendes ; how they shift causes , and the Iudge neuer heates of them : for these , how much God is angrie ; their courses how easie it is in beginngs to preuent : if counsaile of Counsellours finde other thinges more vrgent to their wisedomes , I remember what I wish the Common-wealth should haue cause to thanke them for . These people will goe as neare Iustice and Lawes , and scape them , as Domitian could shoote neare through by a Boyes fingers , and misse them . This reuerend counsell , for hauing liued in Coutts , may they be more honored , then to be reuiled in Woodes ? So let them know their seruices rewarded in lyuing ; that dead , they be not abused by the lyuing : And if they may be amongst vs , who would be wise like them , let vs not put them from amongst vs , who haue more experience , and haue had more priuitie then wee . Zenophones Colophonius , who was called Homeromastixe , in lamentation of his pouertie , told a King of Cecely , that he was scarce able to keepe two Seruantes : Yet quoth the King , he whom you rayle vpon , feedeth 10000. being dead : so are worthy men by meane ones defaced ; so pratchantnesse knowes not it is sawcie ; so come faultie humours to be vnpunished , because not seene ; and not seene , because not regarded . In Rome it is written , Rutilius and Scaurus had petition for a Consulship , and at last Rutilius gaue way to Scaurus . Scaurus accused Rutilius of Canuace , because in Rutilius his Tables was written A. F. P. R. which Scaurus did interpret as signifying done by the fayth of Publius Rutilius , actum fide Publij Rutilij , as if Rutilius had corrupted the voyces , and Scaurus could not haue been made Consull without Rutilius had renounced vnto him : But Rutilius made this interpretation , ante factum postea relatum , that first it was had , afterwards restored : as if Scaurus had by his name framed his Office , and he had been but the pronouncer of his reputation . Caius Caninius a Romaine Knight being on the part of Rufus , notwithstanding held , that neither interpretation was true vpon those Letters , but that they imported Aemilius fecit plectitur Rutilius , Aemilius did it , and Rutilius suffered for it ; that was , tooke the repulse . But I thinke both then : for neither are heere now . In that time , where was the curtesie passed betwixt Largius and Caelius , when they two spent the day so in commending one another , either for others worth to be elected Dictators , that scarce either of them could be appoynted on the second day of their choyce ? Where was then that humanitie which Pompey shewed , who being appoynted vnto Metellus his charge , because Metellus was elder and more noble in glorie , would not accept his preferment appoynted vnto him , vnlesse Metellus would desire his companie in taking share of his care ? This case had much other pleading when it was , and howsoeuer Rutilius was stucke vnto , yet Cicero gaue not all to that speaker ; but in decision of the cause , hauing iudicially delyuered , turned his countenaunce vpon a worthy man of his fauour , concluding directly in the behalfe of Scaurus . More did not Tully in any day shew himselfe maister of his eares , nor better at any time commaunde his tongue , to vtter his iudgement : Yet was that tryall onely brought in to take experience of duetie , fully necessarie for greater causes soone after to be propounded : This onely being like Alcibiades Dogge , sent through the Cittie of Athens with his tayle cut off vpon purpose . That as it was to try what woonderors were there in that body , so this to discerne whether free tongues were walking , or not walking in your free Cities ? But howsoeuer , had Angustus his Iudgement , been helde as good as Claudius his benefite , the decision had found authoritie , not the authoritie decision . Then might the Souldier haue come to Caesar to aske his rewarde of pleasuring him , in a fitter time , then after he had lost one of his eyes at Munda . But it may be in times foregoing , it hath been thought , that cleane obseruance was more worth , then holy duetie , to be honored rather skilfully , then deuoutly coli scite quam sancte : Yet doubt I , that word Cleane , had drunke too lately in the Low Countries , and signified rather litle in the scite , then mannerly in the obseruaunce . Or else as it befell , Martiall would haue his rule of louing accept Familiaritie , but admit no reuerence . Tu vis coli Sexte volebam amore , Sed si te colo Sexte non amabo . If otherwise , which I well beleeue , and you great Cities may happely heare of that not want of particuler duetie , but care of generall good , makes refusall of that for the Countries cause , wherein a Kinges commaund had otherwise readely preuayled ouer his Subiectes : while the euent of the ones desire , the others refusall stood vpon vncertaine successes ; and the fathers care might be thought impartiall touching his owne lawfull Children , though issued from diuers venters ; what Vigil could not scite Virgill ; what Watchman could not discerne day then in view , then to follow his collours with Nil desperandum Teucro duce et auspice Teucro ? Nor could it be sayd , O socij neque enim ignari sumus ante malorum , for of the contrarie wee haue had experience lamentable , of this which would haue yeelded comfort , such hath been our vnhappinesse , though the Histories can tell you how sought , neuer occasion to any could wee take . Better directions then happie directions , men can not receaue , such as either are affected to be followed for loue by hope , or men are wonne to imbrace by reason vpon ground . Him examine by his owne , remember his life past so blessedly runne through , so mischieffously attempted ; take view of his estate present , of our hopes of blessednesse by him ; and thereby frame coniecture how fortunate his Highnesse may be in these his desires not withstood , but submitted to , by those who must leese liberties as deare as life thereby . And should you not take him Kingly , but Philosophically ; the rule for his condition fittes him , as his Scepter , for a King , becomes him . A body strong , fortunes ritch , the heart stoute , and braines learned , Milesius thought to be the seate of happinesse . Plato he platted fiue kindes of Felicities : good Counsell , good Health , good Fortune , good Reputation , good and falsely esteemed , ( but neuer before other louers of Wisedome , loued them better then Philosophers ) aboue all Goodes , Goodes . I might add to make these goodes better , as greater for their qualitie , maketh not their price more then their quantitie aduaunceth their reputation , euen goodes hanging vpon Ropes . Of which kinde , to leaue the Kinges Maritine riches , in like whereof no Prince in the world is knowne to equall him : I may truely say , as he is farre from taking aduantages vpon those from whose indiscreete and vnworthy vsages , the haynousnesse of their crimes haue giuen their states and safeties away , so might so much moderation in cause of iust anger , haue giuen true tryall of none ouer great violence in matter of affection . And were it not for the good of eyther , since hee hath charge of both , it would neither bee the draught of the one to what they seeke not , nor of the other to what they like not , that would make either Fancies seeme Faces , or Reasons almost Treasons . Nor can I gesse whence no better satisfaction groweth , vnlesse Opinion may be helde of the highest estate , to be as Pliny writeth of Fortune , that shee is the Goddesse who in the whole world in all places , at all howers , with all voyces , alone is called out vpon , alone is named , alone is accused : who hath the onely guylt , the onely estimation , the onely prayse , the onely blame : and with inuectiues is worshipped , with slaunder cherished , in inconstancie thought constant : to whose charge is layde the maintayning the vnworthiest , the accompt of all expences , the catalogue of all receites , and the filling vp of each Leaues either part in the blottes of all reckonings , and the setting vpon all Audits . If not so , with reuerence and loue may I speake it to your Cittie-assemblies , Tables as you may thinke priuate and secure , be too little prouident ; no lesse was the Frenches confidence , who to shew their not fearing Alexander , could instaunce in nothing to giue them doubt , but in the heuens falling . Yet certainely as Abimelech being hurt by a Stone from the Castle , whereinto the Israelites fledde , throwne downe by a Womans hand , desired rather that a Souldier would kill him , then that by so weake an hand he should perish : So is it euer to be feared , that greatnesse can no where suffer contradiction with content , where the cause is reasonable , and affection Royall , in the vnderstanding . It may be neuerthelesse , that Pompilius thought a Circle scoared by a Rod , could giue lymits to consultation , as Intra hunc consule . The intendment of such Circles , were to combine mens seates and endeuours by freedomes to assist euery one the most he could , not with liberties to forestall singular men peremprorily , those propositions which come but newly into consultation , being neither rashly , nor meanely commended . Those ends had no Celticke boldnesse appoynted to them ; they were not to be ioyned with contempt of safetie . There was not intended that with the blood of Hanniball , should be made strong the league with Rome . There was no Priuiledge to engadge that offence which no memory could euer remit , if the after successes should accuse the then resolued iudgements . The Scottish in this age , nor in those to come , shall in this Kingdome get the best offices alone , feare ye not ; nor let others affright you therewith . But as the Kinges Maiestie contendes to haue the State generall , and publique weale of the whole Iland , to which he is equally by God appoynted in best order ; so propounds he , that it may be free for the best man of those , who are his natiue Subiectes , borne and inhabiting within the same continent , and none otherwise deuided by Tweede , then others of his Subiectes are by Trent , may haue place for his goodnesse to serue the Common-wealth in . Such is his Maiesties royall disposition , to chuse the best from the most , and to get it enacted , that the left hād , though not so much heretofore vsed , shall now bee knowne to bee a parte of the same body , & receiue the same nourishmēt by the same passages , and do naturall seruices , as none artificiall member . But why we should so much doubt them , see I not so much cause . In all men now liuing is not the appetite of Diogenes deceased : he being asked what kinde of wine he wold gladliest drinke of ; answered , of another mans : for of those there are many wil not change their own setlings , & too many who haue pensions elswhere already , & some are going further for better profits : all of whome great offices in this kingdome doe not expect , nor wold they euer be suters for them to sit about them . Yet do you thinke it better and lesse dāgerous to admit too great hopes at home , then safe for a common wealth to permitte too much certaintie of engagement abroad . This was it of which Horace said , that the hornes had hey vpon them , flie those beastes , Foenum habet in cornu , longè fuge . This Frenchman is black , Hunc tu Britāne caueto . Nay , I may tell you that this nation is so well traueld , hath so much addiction to see further , as it wil well ioin to draw your looser abroad , by encrease of strength ; your richer home , with support of wealth . And whether such dispositions are likely to hold , they who haue traueiled can best discern , who haue seen vs foraignly loue & take parte against all natiōs ech with other , when we liued domestickly scarce friends , & daily occasions giuen why we shold be more disjoyned . Too much occasion hath ben geuē why secret remēbrances might hold ; some in act , some in fact : but so blessing of vs is God , so gracious to vs is our King , so prouidēt are they cā forsee this , as the storye moderne may now be corrected as Martials epigrams might be amēded , which whē many interlineations , many scorings , could not perfit , vna litura potest , spongia sola potest : many apologies , many periuries , many simple denials , many beings out of the way , many facings to the teeth , many accusatiōs of his better subjects , many combinations of packes together , though all these shold be & many more , can neuer or not alwaies hold all in , or all men : only this asks pardō & saies nothing , this takes reuenge & doth good together . Now let vs haue none aliens , none attainders , be al free as wee may bee , noble as wee shold be . Let the same hād , which endeuored hurt or was mistaken , heal & be rightly vnderstood . If there be impedimēts outward , remooue them ; if imward , aduise them . Licurgus being demaunded how the enemies forces might be abādoned ; answered , if they would continue poore , which this age yeelds no disposition to : & if they woulde lay by ciuill dissentiōs ; which is best done where singuralities are auoided , good only affected . But if the best should come , to the eagerest satisfaction : & yet it is lesse valew to defend then assault : lesse hability to deny , then to proue : & that very to do good is more suspected , then ill doing deemed faulty : the wisdome of Pisistratus must yeeld to the wilfulnesse of his childrē , or else others must take aduātage by their debate . The story saith that whē as Pisistratus had giuen right aduise vnto his children , & could not get theyr cōsent vnto it , & therby was vrged to stād in some question with them for their disobediēce ; finding his enimies reioiced therat , as hopeful that frō that dissētion som alteratiō might growe , hauing called his citisens together , he made thē publikly know , that true it was he had bin āgry with his childrē , for that they had not agreed to their fathers desires : but afterwards it seemd good to his fatherly piety to descēd into their opiniō ; therefore he would haue the city to take knowledge , that the issew of the king were accordāt vnto the wil of the father . So was that good Pisistratus driuē rather to giue away his own interest , then to let others take auātage of their dissentiō . Touching whō if the father shold haue said as Diogenes answered the poticary , how shold he not beleeue that ther were gods , when he knew him enimy to them . Why it shold not be feared that oppositiō to greatnesse , in a cause indifferent , might teache greatnesse how great it is in a cause that were iust , be you Iudges quo iure quaque iniuria . But it may be in your great cityes and amongst your followers and friendes , there are diuersities of resolutiōs , though not quot capita tot sensus . For it may bee some cannot finde meanes of deliberation , vnlesse their respites of iudgement may be enlarged to quantum diutiùs cogito . Others happily may fulfill you with so many reasons , as vpō some kinde of inditement might hang a subiect , had but half an one more ben added ; so fruitfull they seem to be of cōceits , though their reuenues of reasons , in this cause to be spent , would hardly maintaine an army , to fight with arguments an whole yeare in open battail against this vnion . But many had those need to be , could refuse a natiō so welcom , at an imbracement so necessary . Why should we sticke vpon needlesse feares ? Degeneres animos timor arguit . Why should we , being grown into the peace of Ireland , say , that anguis latet inter herbas odoriferas ? An wholsome country breeds no serpent : no fraud lurks in honest meaning . But these improuisions to this vnderstāding are to be attributed to late times foregoing : wherein the sexe could not by any indeuor meditate things so proper for the estate , as improper for their persons : neither were their opportunities alike , whose fortunes suffered enemies to their gouernment , as are his who is offered friends for his own sake , for his Queens bloud , to his country nôw more respected . Yet let vs admit the bounty of Semiramis toombe , on which was in a written direction expressed that those who wanted mony might take there what they would : within notwithstanding was opposed , that vnlesse men were ill & vnsatiable of coin , they would neuer dig vp the coffins of dead persons for it : So keen they were in those dayes to intice the worlde to take out this lesson , That affection should not alwaies aduenture the vttermost , that liberty giues shewe to haue geuen allowance for . Yet let calumny be set apart in your cities , & the matter not reuiled with the infamy of the worde , S. George shall not go so long on foote vpon this arraunt , that the most naturall English man shall finde him surbated in his journey . Be not deceiued yee cityes & your friendes : for these are but sclender aydes offered to any , when their assistaunces makes only the furtheraunce , where the encrease brought addes nothing to the strength settled . Who speakes in you , either finde your applause , or leaue their arguments helpelsse . Your pleasing countenances , hauing made the first speech seem sound , the rest encrease , as Hydraes heads multiplyed . Hee , who sittes down amongst you , happily hath seriously thought vpon what he deliuers , & therinto hath wouen his affection and reason together : do not you approoue it , till you haue adiudged the one , disseuered the other . One man happily the good sound of his owne words well placed , another the mirth of his iest well formed , hath seduced in their iudgementes of their owne discourses , by whose errors shold your wisedōes be vndermined , it wold be said happily you were eyther cōcordant by clamor or allured for fancies . Shal you who haue bōfir'd & pageāted for a king , are the glories of his state , now scāt him his honor in appointing your goods ? Shal it be said of you , who haue so wel fashioned out this triūph hitherto , that you can not maintain your selues out , as incōstant , or for disability must in extremo actu deficere ? Then bring the honest yong mā , the modest yong maid together , let them wooe , & their frends for them ; let them be made sure by a contract in forme ; let the cheer bee made ready , the day appointed , friends inuited , fidlers called , giue & take you parents & children on both sides ; eate , drink , dāce , court , & make more matches , til day & half night be spēt : then refuse your bridegroō , for what mariage was instituted . There are many deuises to blind good mening in these ages ; supposed catholikes may be attempted to be supposed puritanes ; a factiō in alliāce may make offer to arraigne an honest mās argument . With these be not you deceiued : but let your appetits be only your goods , your wils your weales . Think fit that Soueraigns in their weldoings should be pleased ; and not in theyr good affections diseased . Know that a Monarch is but one as alone ; the discourses and arguments brought into you , many . And wil not you expect , that so many wisedoms , as inhabite and ride vpon you , shall drawe one propositiō , framed for your good , to the content of him to whom the thankes is due ? Shall not you like of a state framed to honor a King , who brings a King a true honor to a state ? Tell them who dislike most , they shall haue more habilitie , and be better defended , when you shal be all your selues ; then now , when a few prime men , either in parts or partaking , seeme to nicke vp vpon their opinions the iudgements of so many graue and wise men as are said to hold consort with them in their voyage . Can any men fear the King of Englands place hereafter to be lost ; & not inough care for the King of Britaines loue now to bee retained ? That , though for his constancy hee cannot withdraw , for his place he may not ; ought he not so to be regarded for it , as it may be retained in him with his comfort ? Is it feared that by this appellatiue we shall be made fellows to the Brittons the theeues ; rather are we not doubly by this meanes instiled of Fraunce where dwell the canuascoats ? I call you to witnesse , wee put not Stangatehole out of Huntington shire , Shooters-hill out of Kent , nor other places of robberies out of English shires , nor our selues leaue to be called of that countrye if wee had birth , or haue landes in them , notwithstanding the robberies done vpon them , as odious as are the robbers . They who haue hability to speake against this Vnion that it may not bee ; cannot they ( thinke you ) defend it when it is ? the inconueniency being all that is pretended , or disproportion of affection , the dishonesty nothing , the vnlawfulnesse not otherwise discerned then knowne as little . The vse of all things is all : the reason applied to any thing prooues , the affection loues , the sight beholdes , and offices perfourme their functions , not alwaies as order leades , but sometimes best so vsed as occasion serues . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the greekes call Punctum temporis : which who so hittes , if either he do it suddenly , O quantum est subitis casibus ingenium ! or necessarily , sapit , necessitati qui probè se accommodat , et est rerum diuinarum atque humanarum conscius . Can any perswade you who do the like honour to the King , how vnlike soeuer this dayes garments are to yesterdayes roabes , that the difference of an enstilement shall make him lose the honor of his place , the reputation of his nation ? True it is , where persons were vnknown , & kingdomes vnheard of , Titles should haue reputatiōs as their wordes could signifie : but then they must so begin , as weapons were first found out , if you will beleeue Horace , which was when men went together by the eares , first , vnguibus et pugnis , dein fustibus , atque it a porrò pugnabant armis quae post fabricauer at vsus . In this case where the kingdomes accompt cannot bee blemished , and almost the Kinges woonder hath bene euery where euen adored , in that age let those who like not to giue him his due in a session or otherwise , find then he knowes what he is now : which god graunt alwayes to send , may encrease vpon him . Slightly as I heare of argumentes tossed amongst you , so gladly desire I to settle you touching thē : leauing with you my protestation of reuerence humble , and loue faithfull , towards all such as with vnderstanding affection stād vnder any burthen for the good and honor of theyr mother earth , and her children . Against which , if for flattery to the Scotish I shall seeme to haue written , let my brybe be iudged of ; som of them hauing part of my liuing , others hauing torne in sunder my reputation : yet since my bane came from the English , they trespassed not in wisedom to take aduantage therof . And that mine hands may appear the cleaner , as yet my dread Soueraignes haue not don ought for me , of much I dare boldly yet prostrately auow , I haue well deserued , & both fauor of lawes of Court and Country would assist me in right to . Yet doubt I not theyr royall natures , nor misdoubt mine own patience , knowing it eyther well to becom my duety to expect their princely pleasures , or otherwise ready to credite their iudgements , touching me , rather then to giue scope to mine owne hopes of aduancement , or good from my Soueraignes . But all else set apart , and freelie to deliuer mine impartiality in this cause , so safe I hold this for vs to obey our King in ; so comely to welcome the nation with ; so politike to close at this infolded imbrace ; as I suspect not but all will be best being best vsed : and of the rest , let them rather doubt , then we feare . Many mēs turns haue bene already serued , the Kings owne comfort is yet in petition : he ioyes not so much to be a King for his pleasure , as to be a good King for the states weal. His Maiesty takes now the first opportunitie , the flyes are now not so busye : holesome counsel hath poured balme vpon opportunity in asking , magnificence in graunting . Yet are many the pretences may draw Kinges to be boūtiful : of which if you haue not elsewhere takē good view , you may here iudge of some , being parte of many thousāds . Kings somtims are euen forced to grāt , not so much for their desire to bestowe , as their shame to denye : Non tam studio quidem concedendi , quàm verecundia negandi . Some haue vsed this argument , you know what my need requires , Scis quid mihi opus sit : when there was more need of Hoc opus est subito fias ut sidere mutus , that they had wayted as dombe as the stars do on the sun . Some sayd Regi hoc dare nō conuenit , a royall King must make his gift magnificent : When as Nec Cynios accipere de●ebat , Beggers should haue ben no chusers . More suters fall on vpon Kings : one who for his wisdom , quia rarissimè : another for his conceit , quia iucundisimè : a third who for his attendance , quia tū prādet et coenat cum Alexādro videtur , seek for gifts : certain Calisthenesses aduised by Aristotle . Others can often remember their seruices , praying rewards to be bestowed for those causes , and for that in no fortune they had ben from the Kings person : Sylas from Agrippa . Some haue asked , as more learned then their fellowes , for hauing giuē causes of things : as why the liōs deuoured not Daniel . Some for limping if the king limped : haukers & hūters , the fashiō of the Ethiopes . Some for sitting late vp by him in the night , and praysing his royall Children : Cato the younger from Diotarus . Som must take , lest they should be vnciuill in refusing : Zenocrates from Alexander : And they must be giuē to , to try their good manners in accepting . Som for their softnes must beg ; hauing no fingers as may be supposed on theyr hāds , & therfore driuē to wear their rings in their ears : the seruāts of Penus in Penulus in Plaut . Som requited for their presēts : Siloson with Samum from Darius . Some must buy , because they offer deare , multis precibus , with much suite . Som must be giuē to , though naughty persōs : Mores miseratus non hominē , for pitty not of the man but of his māners . Som boūtifully dealt with , though not frō a kings hart , nō homini sed humanitati , a gift bestowed vpō curtesie not māhood . Al must be grāted by a king : for that he is as a god vpō the earth . Dixi quòd dii estis , saith the Psalmist , I haue saide yee are gods . And that is to imitate god to be bountifull . Petitions were long since growne so vsual , as Seraphion would not strike the bal to Alexāder in the Tēnis-court , vnles he begd it himself : Non praebes saith Alexāder ; Immo nō petis saith Seraphiō . Yet in som times the gifts were but such as Lupus gaue to Martiall , whē as he writ that he had a whole cūtry bestow'd vpō him , lesse then was one in the bowpots in a corner of your neater Citizēs windows : such a country , as in which a Cabbage would make a whole wood , ouer which a Grashoppers wings a tent , which to an Ant was but a daies feeding , and might be crowned with a Rose bud ; in which were two herbes onely growing , wherin a Cucumber could not stād vpright , nor a Snake ly at ease : which one Mole could dig vp in a day , one Mouse destroy as fearfully as the Calidonian Boare ; & hath many other descriptions in his epigram to Lupus expressed , concluding that he had rather haue had a dinner then no deneer , prandium quàm praedium . Nam quo tempore mihi praedium dedisti , mallem mihi prandium dedisses . In others , gifts had good fortune : as whē Aristippus sayd of Dyonisius the younger , That the king was safely bountiful and magnificent , because he saw Plato send him back his gifts againe . In others they had good vse : as when Fabius Maximus bestowed on Marsus , a valiāt souldier , no very great gifts , to keep in very great spirits . The antient boone of Leuidense none begs : which was a warme but light , yet cōmon garment Many now craue in many places ; not so much for want of sufficient , as because though they know some haue more then inough , yet they would bee loath to haue lesse then theyr fellowes : striuing as Otacilius did to equall Torquatus : of whom it is written that as the ox burst the toade , so the one of them would split in emulation of the other , vt bos ranam rumperat olim : sic puto Torquatus rumpet Otacilium . Milesius was wont to say , there was no such way to make a man quietly suffer aduersity , as the knowledge that his enemy was in worse prosperity : and think you , that emulatiō , in this , works not as much , as , in the other , malice ? For this cause did the brethren of Ioseph sell the son of Iacob vnto the Arabian merchants . For the other , did Casselius find out , that a Pyne tree nut was an apple , if it were to be thrown at Vatinius his enimies head . Horace bestoweth much description vpon those who wold haue none so great as thēselues and tels the tale of the toade , vituli pede pressus , who told her dam , when she saw her swell to be as great as the calfe , Non si te ruperis , inquit , Par eris . But though it were vnfit in kings causes , Martials counsell to Flaccus was vnhappy , which aduised to keep that to himselfe which hee had purposed amongst others ; when as the offence of many , who should not get , was dangerous , the bestowing vpon al burdensom . Demeruisse duos votum est : offendere plures vix tutum : Cunctis mittere dona graue . Our Soueraigne , as his goodnesse is great ; so his rewards , his gifts , his aduancements haue not bin smal . Tully had not so great cause to brag of his Quaestorship well discharged in Sicily , when he came home to Rome ; as some giue shew of our Soueraigns bounty , who passe from one of you to another . Howsoeuer , it may truly be said , it hath rather bin a Royall king then an yeares Magistracy yet performed , hath aduanced Tully to salute Roome ; so glorified from Sicily , so enuyed at home . Take it not ill then ( Tully ) if no body at Roome woulde talke to thee of thy Quaestorship , of the news of thy cariage wherin thou thoughtst , to haue found all men full . And why should not such gifts , as they cary , be bestowed by him , who hauing long staied for power , ought now only to affect glory and good will ? Priùs said Antigonus mihi opus erat potentia ; nunc verò gloria et beneuolentia . What other humane indeauour hath this worthy king more seriously taken in hand , then the benifiting of his & the countries friends , the recōcilemēt & agreemēt of the enemies of both ? whereof the one , as they were made vp , partely by his loue to his country , his desire to honour it , to aduāce hir faln nobility , to requite such as had deserued best of her , to giue many more then theyr own , since the country had so gladly giuen him his own : partly by those he brought with him , who had some of them bin rescuers of his life , som extraordinary assistants of his estate , others such as he could not but reward here , for seruices performed there , where memory was the rewarde hee cold properly giue , & was all in their honors they would willingly take . So enimies to kings do oftnest grow , either by wāt of what ambition made them desire ; or for lacke of what expenses had drawn into waste : Els some somtimes affect what blind zeal makes them think fit , or fals iudgement rather false harts will not let them see pertinent & proper . But as his Maiesty hath , no more then was fit , rewarded the first ; vnlesse they can say to him as the yong man saith in Terence , Nescis quid mihi obtigerit , you cannot tell Sir what hath lighted vpon me : So hath he mercifully spared the other ; insomuch that he hath neither cōfiscated them , as Tiberius the Emperor did the kings of Spaine , Sicily & Greece , ob leue impudensque calumniarū genus : for any light or shamefull kind of slander : nor fined them as Cassius did Sylla , & Calphurnius : from one of whom he took quinquagies sestertiū , & frō the other sexagies , Himselfe , being for any riot he is addicted vnto , as free frō wāt either of ought belonging to himself , or for his couetousnes frō need of any thing others possesse . But either at pe titions of faire Ladies , none offenders ; or for som respects laid before him by his wiser Nobility ; either else for pure inclinatiō vnto mercy ; hath benefited Sylla , been steward of his estate , kept others vp , who would haue kept others downe . Thanks to so high discerning , which found that when Soueraigntie could not represse liberty , benefits could more strictly then treason take it prisoner . Nor hath hee yet inflicted so much as exile vpon any of them , knowing it a banishment that they forsooke his iustice . And that he detaineth them , is out of his mercy : for boulder were they , and of better countenāce could they be , when each had his discontent ; then now when they haue proofe in themselues , & the world sees it apparātly how vnworthily they had placed it . Marcellus the Ciuilian , wrighting vpon a booke of the Digestes , shewes three kindes of banishment : either from certaine places ; or from al places , besides certain ; either else a cōfining to some Iland . And though all these be vpon them , yet they had nothing of this punishment , did not one certaine place restraine them : & may they be confined to an Ilād , if further mercy shall deliuer , & further occasion shal not imploy them , & that Iland so prepared ; the one by their Soueraignes grace , the other in his prudēce ; they are not only like to be inlarged to a country , but find their country inlarged to them . Touching whome pittie is it they rather were not free for this argument , then bound by the other offēce . There are of them , whose births , courages , blouds , experiences , and conditions , as they were noble before they lost them ; so nobly could they haue spoken of this argumēt , & I hope by this time haue found much cause to bee much forward hereabout . Yet is there one of thē wold bring much griefe vnto me , ( though I wish him all good , in his weldoing ) if he or his abettor , his Steward or Protector , or his faction , so many as are of the olde haunce for his cause should be able to preiudice me more for compassion : then I could draw safegard to my selfe , by refraining euill desart , laboring good merit . But howsoeuer these , some of them much vnhappy before , in this estate at this time haue all tryed the Kings Maiesties grace in their seuerall particulars : in that notwithstanding they haue beene absent from the true ioyes of their Countrey , and from the affaires in hand , they may say as Demetrius Phalerius said , heu inquieta negotia actionesque nostras quorum causa hactenus tantum virū nosse non licuit . Well hath hee spent his time in this time who ere he was , and worthily who wrote the tractate of the vnion , wherein hee hath performed his taske , and made his worke proue his title . Many good lawes hath hee giuen vs to tye the vnion by : For besides what he writes like a Philosopher lernedly , & of the Kings goodnes multipliciously , let the soule of his Common-wealth be tryed , and you may easily discerne whether iudgement can , or ought recommend his worke to a Parliament , to be made an Acte of : yet since he will needes trye his owne inference by his owne applications , wee will likewise examine his whole worke , by the rule of his owne inuention . And first what cōscience can beleeue , that he who could not be drawne to meddle with clannes in Scotland , would be content to abet a faction in England ? These factions were of heate ; and as they drew bloud ; so sooner tēpted the bloud made the motiues more strong , the partakers more passionate ; wheras in factions cold discretiō can abide much pause , & the time giuen for respite giues it selfe a meanes for determinatiō of vprightnes . What conscience can beleeue that he who by the English bloud in a Grand mother got three kingdoms , will not as much loue the English as the Scottish , by whō he had but prefermēt to one ? what cōscience can perswade it self , that he who hath ad uāced many here without desart towards himself , will not continue his honors for daily seruices for his own behoofe performed ? what reasō can deny that the quiet we now enioy , & riches by that quiet , may not both be encreased , when our kingdom shall be abroad more feareful , & the more hāds shal bring the greater profits into the land ? what reason can pierce into that no reason hath diued into , to take Gods prouidence away from cōtinuing , what only by his prouidence he hath setled . To a worke diuine adde not thoughts humane ▪ what reasō can discerne that men long combined , shall not rather holde together , thē men neare in oportunities held off farre , for sleight seeming respects ? And do any examples teach that richer subiects are not more fearefull of offending lawes ? teach any examples , that men by nature , fight , language , condition , & occasion vnited , are vnunited by vniō ? Or teach any exāples that Monarchies well setled , cannot represse any ils as they are growing ? wel hath he ther fore taught you to settle preuention , where domestiquely ye gouerne not . Frāce & Spaine haue their moments to be cōsidered , further thē into this our owne is to be looked . The one he tels you hath a custome , the other a pretext against Englād : & shal England refuse aide against them & all others , whē God ordinarily & extraordinarily offers it not obscurely ? Thē increase , none helps England ; be thou my countrey vnthankful ; care not if Scotland stand as Ireland fell ; disvnite Wales , as not needing it ; seek abroad for friends , though they be Turkes ; maintaine others quarrels to preserue your own safeties ; set vp garisōs againe ; make new Lords of Marches ; draw more from the rich , frō the poore what they only haue ; acte or exact , as if it were the last acte : liue as poore as Spaine , yet haue none Indies ; as vncertaine as Italy , but lesse friended and fruitfull ; desire helpe one day , who may giue helpes now ; cry out then when your own haue lost you , & they who are vpō you , shall not know your language . Then may you war like the Switzers , when other Countries , who haue imbraced what you refused , shall enioy with scorne of you , what you held , and might haue held before them , and them to either in dearenes , or at their deere rate . My natiue countrey , I craue pardon for my boldnesse , zeale hauing transported me as farre into passion of after successes to be doubted , if this stand thus doubtfull ; as I hope it is to their surmises euent , who deeme that for want of issue in this Kings loyne , the two Countries may againe be seperated , though this now be embraced . But let me be tryed whether I perswade honest things , & I hope my vehemency shall not be imputed faulty . Soone do they breake vpon fit occasion , who are too soone repelled for no knowne cause . Why should not we wish them so wel as our Lawes ? why shuld we wish our selues so ill , as their not being one with vs ? Many will be the marriages in time , to make our Nations fully one : as many are the houses , they bring in with them of our own . What was it made the Romans and the Sabines friends , but the Romanes getting to wiues the Sabines daughters ? they tooke them by violence , these haue opportunitie for loue : and thinke you we shal spare to goe for marriages into Scotland , when their daughters shall bee rich to maintaine vs in England ? Thinke you many thousand occasions will not make vs enterchange , if this one occasion had but made the Kings roade to the rest . Be of courage therefore honourable Cities , and your friends of all qualities , and bee what you are ; such an Iland as were a world to you , knew you no part of the world besides . Be what you are , and desire nothing rather to be Quod sis esse velis nihil que malis : Knowe this rather to be done , then intreaty , finished aboue , not imperfect beneath ; all else howsoeuer seeming , more vncertaine then this yet not appeared . Let the honestie of this cause intice you , the honour moue you , the profit snatch you to it . Then gratitude know nothing better ; the larger the Iland , the nobler the Nation ; and who knoweth not that Concordia res paruae crescunt , discordia maximae dilabuntur , leaue not these faggot stickes out of your band , these arrowes out of your sheafe . Better is that borne a great deale whereof men are ashamed , then that whereof they repent . If any should thinke it a shame to loose the name , let him know their helpe lost would make vs more repent : The people to be called by the name of the Countrey is but Cognatum vocabulum rei . Now is this vnion on foote ; much hath beene said therein ; much written thereupon ; Our Kinges affection is setled thereto . All these will do hurt , if this now do not good . If any should ▪ gesse many the meanes which should debarre inconueniences to come , are now already taken from our good : he may haply fall into their opinion , who haue deemed either this should haue begun with the vnsetling of the rest ; or with the setling of this onely expedient , the other haue beene vnsetled hand in hand . They were onely the Fpicures sect , who would neuer enter into any other profeson of Philosophy : yet were the Stoikes , and the Academickes both more learned and lesse vitious . It is written of Alexander , that when it was tolde him , that an handsome man had gotten his sister with childe , hee made aunswere , that it was to bee graunted him to enioy his kingdome too . This sister of Alexanders , is not sought without leaue ; is not defiled without vertue ; hath her louer no lesse comely in parts and features . In Aegypt it is written were great store of Crocodiles , there the dogges for thirst driuen to drink , did euer so lap in Nilus , as they were euer remouing . This iest was brokē vpō Anthony , after the Mu tine flight that he caried himself like the dogs of Egypt . Shal we then haue receiued this Nation with applause ? honored thē in our high Counsell of the Kings estate , and of the estate of the Kingdome ? admitted them dignities ? admitted them honours in titles , in possessions ? receiued them with loue into our houses ? crepte at their knees in the English Court ? haue put our money into their pockets ? put them into our fortes , strengthes , & Castles , and shall wee now make meū and tun̄ , the Scottish & the English , our selues & thēselues ? Nay , rather let vs speake as heartily as the kinde man did in Terence , Hos nisi mors nobis adimet nemo ; Let vs in name and vertue be the same : let the good of both ioyne together , and the good of both put downe the ill of either . Some who neuer iudged aright what it was to liue so vnited , may rashly say they had rather dye then bee vnited . He was but an young man in Terence , who vsed that perswasion for his affection onely , emori malim : but an olde man gaue this counsell out of long experience , First learne what it is to liue ; if then that life displease , when thou knowest it , thou mayest bestowe this on thy selfe which thou now chusest . Plato framed a definition of a man , that he was a liuing creature , going vpon two feete , and without feathers : which definition was mocked by shewe of a Cocke , his feathers pulled off : But the Authour of the tractate of the vnion , hath giuen this man , if you will hence deriue him , foure legges to walke on . So strongly therefore vnderset , hee aduentured that discourse , knowing belike , that the perswasion of iust thinges pleased the Gods ; and that the people of Athens would not kill Phocion , if they repented a little . Mildly they yet proceed , for they cal his iudgemēt his wit rather giuing a backward commendation of his labour spent , then the cause , vse of his arguments in behalfe thereof . Sure hee was some great Councellor who gaue the King that aduice , that he should not liue out of his Countrey wherein he was borne , and from it ( that was not to let his Numen be felt in it ) together . What , though hee hath pleasured many of that Nation : ought the well doing of a few be his onely care ? Is the rewarding of his seruants , all that falles into a Kings studie ? for his cōmon wealthes good ? haue we had so much benefit by their comming , and shall we deny them share of that we enioy by them ? They haue bred vs a King , they haue brought him safe , they haue brought him euery way perfect ; of nature , good ; learning great , vertues many ; of issue fruitfull ; and on his head a Crowne , before he came here : Matched most royally for the qualitie of her bloud ; gallantly for her person ; and aboue all for the goodnesse residing in her royal self , & her happines in her sweet issue , descended from her : And shall we now vse Scotland as an olde scabbard , or a Kings cradle . Vmditius a bond — slaue in Rome , for preuenting only by relation vnto a Cōsul , the treasons of the sons of Treuitelij , and of Brutus , was not onely made free ; but a law made for the freedome of all bondslaues , called Lex vindicia : by which euer afterwards none of them could be taken by force , or haue violence offered to them by allowance : How much rather ought we to enact some memorable record vnto posteritie , whereby this great blessing from that Nation may be acknowledged vnto it ? the rather they hauing demeaned themselues so honorably , as to giue vs iust satisfaction of their valours : An excellent cause now God will haue vs friends , why we should loue entirely . This is a course fitter for vs to embrace , then our strengths refused by other aduersities , to hope of our succours . But now rather to speake a little in behalfe , and for vse of our owne cōmon-wealth , then to perswade their particular good in it . As our lawes are the best , or we must say so of them , who liue vnder them , of all Nations , whereby our kingdome is gouerned ; so the ciuill lawes being no such strangers vnto them , somewhat would soone be established ; whereby we might get the benefit of theirs , by the assent of ours , to the cōsent of both . Which while it is in indeuor , they by precise looking into ours , wil get reformed some abuses crept in by time , custome , or misse-interpretation ; such as my Lord Chancellor in his integritie shewed daily , and diuers of the graue Iudges , and chiefely the chiefest of them , as oportunities serue , for conscience sake , do amend as they apply them , and but by such an occasion as this , will hardly euer be moted vpon . Of this argument , for agreement of both lawes , ( except I be deceiued ) a friend of mine ; and worthie to bee yours , hath very lately , verie shortly written : comparing the Grandes , the Titles , the rules , and right vse of both , ( as his occasion led him ) so learnedly , so fully , and so experiencedly together ; as the two common Wealthes may soone bee taught , that there is nothing disagreeing in essence betweene them , nothing of the ones substance wanting to the other , ( the termes and practises onely hauing giuen the shewe of difference hitherto . ) But I cannot iudge whether hee will bee iudged woorthie any great imployments , since Hanno was but vnthankfully dealt withall , who first tamed a Lion. It were pitie a Common-Wealthes man should haue more encouragement in his trauell , then his conscience of well doing . To returne to my purpose ; if for many seene benefits , which wee cannot chuse but reape , besides the satisfaction of our Soueraigne , no way were motiue to a heartie Subiect , there should ingrowe any inconueniences ; the Kinges desire standing in heede of the Acte Trimolius the true Corinth , would take part against his owne brother , for the good of the Common-Wealth . But these doubtes stands like the Mountaines Anaxagoras was asked whether at the last they would not bee water ; whose aunswere was , in time they would , Tempus edax rerum , &c. Time doth worke what no man knoweth in the faithfull Turtle Doue . Martial was very angrie with a fellowe , who would needes knowe thinges vppon supposalles , as how hee would behaue himselfe if hee were rich ; and shutting him off with this aunsweare ; if men can foretell how thinges shall succeede , how wilt thou behaue thy selfe , if thou becommest a Lion ? Quenquam posse putas , &c. Isocrates was troubled with the vncertaintie of the time , how hee might behaue himselfe , when hee might haue a boxe on the eare ; for then ▪ and not else hee would weare a Helmet . This cause great Cities , and your friendes from Story writers flying away so wilde , sits now as gently by vs , as Tubero the Pretors Pye did , which came strangely to his hand , and of which the Southsayers foretolde that much good would come with her , were shee accepted ; if otherwise , much ill to the Pretor : her hee pulled in peeces , but not without his owne mischiefe . In Phrigia and Silenus was a great earthquake , which consumed many houses and mortalles ; The Oracle saide , some rich thing must bee throwne into it : Death of a Kinges Sonne onely stopped the gaping of the earth in those places . Here is no earth-quake , but heauens shine : here is life and renowne to our Kings Sonne , our worthy Prince , ours and many more kingdoms hope . The Oracle sayes not , dye sonne ; but liue all friendly together . Tully in the dreame of Scipio saith , that all they who haue saued their Countrey , haue helped their Countrey , haue encreased their countrey , haue in heauen a place appointed them , where euerlastingly they shall ioy . That was the cause why the Ambassadors of the Carthagenians and the Sirenenses were contented to make the condition of being buried quicke , where they challengd their bounds : So great was their loue to the inlargement of their Countrey ; a desire euer prosecuted , and neuer but weakely by Darius in Quintus Curtius his time only gaine-said , that a kingdome might be too great . On the other side remember but how Themistocles dealt with Zerxes , for the ouerthrow of al Greece , because his countrey had ingratefully respected him . And had not Artaxerxes hung vp my Hamon , Mardocheus had beene betrayed in his owne Countrey beyond the Kings disposition , but that did I beare , though it cost me deare . As I forgiue , so I forget , and returne to this : If the English haue not generall peace , which they shall not till they bee knowne generally strong ( for yet forreiners may bee suspected but to prye into our state , to breake or holde , resoluing neither but by the first instructions ) they will ere long grow so vnanswerable of Taskes and Subsidies , that the Collectors shall finde them , as in another common-wealth was seene , playing in the streetes , a shrewd signe , that they be no money keepers . But if they once see our fortune sitting , they will then thinke she will so finde the benefit of her ease , as shee will euer be knowne where to bee found . Now is our ground ready , what seede wee sow , we shall reape . This cause talkes nothing of inconuenience , yet the man , though good , though iust , though innocent , is feared , vir bonus , iustus , innocens timetur , pouertie is pretended , saith Martiall . it is not pouertie to haue nothing . Non est paupertas Nestor habere nihil . The fault sure is this , the poore seekes friendships vnworthy affections , quòd colit ingratas pauper amicitias . Nay they haue their peculiar riches where they are , in as large a maner as we make account of ours here . But this is to tennice freely , but not to denise kindly . Many I see knowe how to counsell ; few finde I , who can tell how to make the Consull . The King should haue long hands , as farre reaching as Kent and Kentile ; and would you haue the King feed with one gloue on , & another off ? It would be said of him , Totus & in toto per totum totus & omnis , Esse omnis dū vis incipis esse tuus : that he then beginneth to be his owne , when he will be all , and in all , and by all , and all euery where . And though some pretend fables , how the Wolfe , by at the first getting an house to breede in , at the last hauing many litters , helde it by strength against the owner : Yet what can these things moue in ordered cōmon wealthes , where no more interest is attained , then the lawes admit right to : Tully in his pleading for Roscius , shewes how many wayes the lawes punish those , whose demaundes are greater then the lawes doe allow . The like doth Crassus in Tully . Our lawes will maintaine vs in our owne well enough ; though our conditions I hope will not make them pay so deare , as the English did when they went to fetch the King and Queene from Scotland . This may be giuen to the King for them ; indeede , to them for vs ; the rest they shall enioy , as the lawe will , for what they buy , by the law they may call their owne . Demurre then no longer my great and deare friendes , vpon this argument , but returne this aunsweare , that Neptune did by the Raine-bowe Terram esse communem . Which though he durst not defend against Iupiter ; yet you haue Iupiter on your side , against whome to contend were madnesse , as with an equall doubtfull ; with an inferiour base . Seneca sayth of power , that if it inuite to any thing , nay , if it intreate ought , it compelles it . Easie it is not to write against him in his gouernment , who can score a man out of his gouernment : Non facile est in eum scribere qui potest proscribere . Fauorinus the Philosopher , admitteth Hadrian the better iudgement , because he commaunded thirtie Legions . The matter then being euen , let vs not contend vnequally , for had not nature seated this kingdom within you , you might well haue helde it , without you . Well had Scipio Emilian discharged this Censorship , had the Quirites giuen him a fellow Pretoorr not giuē him one . Think not vpō what Cato saith , that it is not to be marueiled at , if what a man thinkes an excellent good , he be loath to share with another : But let Plutarch teach you to gaine authoritie , and power with expedition : so neither smoake shall make the fire vnpleasant in the kindling ; nor enuie lay snares to impeach glorie by in the framing . If longer you stay vpon further deliberation , this businesse hauing beene determined by the Comittee in heauen , Scipio Emilian must nedes tell the Senate , that neither of the Consules is fit for the seruice of the Common-Wealth : For Seruius Sulpitius Galba was poore , and had nothing , and Valerius could neuer thinke he had enough ▪ Yet since the men on both sides are seruiceable , make their conditions as agreeing amongst themselues ; so fit for the Common-Wealth : let the one inioy more , the other couet lesse ; so shall both encrease apace , and Rome be well serued . If any obiect their affections bee vnlike ours , that comes not out of nature , but custome . As the Ayre is tempered , sayeth Tully in his Diuination ; so are the children spirited , their wittes formed , their maners , their minds , their bodies , and the actions of their life . Looke in the English and Scotchmens faces : see whether Caucasus haue begot them vpon hard rockes . Our climate is the same ; our temperatures alike ; if any thing within our gouernment make vs differ , it is but custome . They haue not so many Cities as we ; they followe feeds which we do not ; yet finde I not , but we are prickers as well as they , and if it be obserued what store of Ritters we haue got , it may be feared that two Cheuallers , being not Castor and Pollux , may be driuen to one Chiual , to ride on besides the saddle . But let Herodotus write as much as he will of the kingdom of custome : for though Darius could not get the Grecians to eate their dead Fathers for any golde ; nor the Indians to burne theirs for any iron ; because of the contrarieties of their vses in both : yet assure I my selfe , this Nation honours the King with so much zeale ; he is able to teach thē , with so much skill ; embrace vs with so much affection , especially if wee bee once vnited in indissoluble bounds ; as I knowe not any custome may be fit for them to leaue , shall not be discontinued , nor any new lawe to be put in vse , to which the first day shall not finde them accordant . Si fingere me putas , istud salutemus . They do many of them vnderstand what was Cyrus his counsell to leaue those mountaines Countries , and descend into the plaines , there with the times to change the manners , as Tully writes to Atticus , where as the seedes are like the plants , the liues of men are like the countries . There shal they best learne to obey , where the King sits highest to rule : there shall they heare him clearely , where Ille regit dictis animos & pector a mulcet . For this deede done none shall need to looke backe into his conscience with affrightment . For this name taken , none shall need to vnderstand the Nation to be embased : For this kingdome inlarged , none shall finde their owne states impaired . As touching vnion with others and their abbetments , ye may there iudge of your aduices , among those who haue learnedly and grauely refuted that fourth question of the booke intituled Vindictae contra tyrannos : Wherein is discoursed , whether one Prince may ioyne with the subiects of an other , who take vpon them armes for defence of defending religion . My purpose being to be short , shall rather insinuate my zealous wish of home-combining then forraine vses , the one naturall and politique ; the other politique alone if so much ; I aske your body but within your girdle ; your head couered onely with your hat ; your garment to be grauer then partie-coloured : and offer you Fraunce and Spaine for examples , limited by those bounds , nature her selfe hath appointed vnto them , the Montes , Perrenaei , the Sea , the Alpes , with the rest . Nor is it constantly held , that our name of Britans should bee deriued of Brutus , rather some hold we are called Prittons , of a word which signifies a Marte or Fayre ; of stuffe for which , this whole Island , as well al parts as any one part , Wales and Cornwall , as England and Scotland , is in one kinde or other replenished . Nor ought that worde of Marte seeme to haue lesse boundes then Ciuitas ; which ( as Aristotle writeth ) signifieth a whole Common - wealth . As for our priuate goods , thogh I could answere Publica priuatis sunt anteponenda ; yet let the stories bee but searched , how our forteine conquestes haue bene hindred by the opportunities the Scots haue taken in our absences ; and how iealousies haue onely made vs diuersely combine our selues ; they with Fraunce ; wee with the house of Burgondie , they shall finde how likely it is , that priuate mens marchandize may be lost in the wracke of the generall fleete . Other obiections should I goe about to frame , such as pride or curiositie might suggest vnto me ; as much as I haue heard should I endeuour to answere , the necessary themes of some mens seeming wise ; I doubt much how I could swim from out their deluge . Noahs Arke , or Chawcers Trough being vnbuilt against such an inundation . Steeples stand not vp here as in the drownd countries of our lowe neighbours . There are no sea-markes appearing to direct ; no castles , no forts , no citties to protect ; hilles and mountaines are here ouerwhelmed , and the solutions of these following , would be the dissolution of the time spent about them , and no resolution of any thing for the applying of Gods blessings to our vses ; Animo volenti nihil difficile : while we say all will be subuerted , the lawes ouerthrowne , mens states taken away , the nations honor lost , and our dish well serued in , sliced into a gallemawfrey , ouerpeppered and salt buttered : wee spread feares , doubtes , ( God grant not hatreds largely ) but discusse vpon inconueniences slowly . If to forward accordes the debate of this question happen , you will finde that neither the number of the Scottishmen , forreiners from their countrey ; nor the ambition of the Nobles , though by some thought to challenge antiquitie before ours ; neither the customes of the Nation differing from ours in whatsoeuer , wil debarre this proceeding , or not admit time and will for fitnesse . The like said of our auncient statutes , of the stories auncient , of vs , of our reasonable affections as wee now stand for our goods , and I dare boldly say , eyther their intendmēts lesse needfull , or their applications more profitable , or alterations more beneficial , will make vs more enioy this mornings breakfast , then all last weekes dyet . For neither doth the King affect other then our goods ; or is himselfe vnable to iudge of them ; nor doubteth but that there ought much deliberation to bee taken in a cause so important , much circumspection touching the proportioning out the particulars . These reasons haue moued me seeing that the King is to be defended in his desire as a good father of the Common-wealth ; hath spared the bloud of our good countreymen , turned ill ; hath incouraged the seruices of the well deseruing , shewes himselfe wise in his gouernment ; louing in his affection , and industriously carefull of the weale publike ; to take vpon me this license in writing , this zeale to my countrey in perswading . Which if it happen to mindes affected to let Lucilii pecus esse liberum & qua velit pasci , I hope with them mine endeuour shall finde fauour : for the rest , as it no waies becomes me to be vnciuill , as Democrates was to Philip : so if they shall thinke it rather an impotencie in me , not to spare mine affection to this argument ; then in themselues to afflict me by whatsoeuer meanes : their wisdomes are of force to giue themselues content ; and this being out and past from me , and dislikte , shall make me not like to passe out more to be submitted to censure . To conclude , long liue yee right honourable Citties , keeping peace in you , fiers from you , and traffique with you ; so may you build your houses faire , keepe them neate , haue good store of money and bonds in your chestes ; your Prentices grow free , your liueries Aldermand , your wiues Ladies , your children made Gentlefolkes , and your Cittie commodities be exchanged into the Courtiers reuenewes ; as at this marriage if you will daunce , you make the contract sure , and till death depart : For though they and you lye in one an other of your houses ; nay should they and you lye with one an other of your wiues and daughters ; beleeue me non concubitus sed consensus facit Matrimonium , say the Ciuilians ; Marry them and make the bond holy and vnuiolable , or expect no securitie that the grand-children in time to come , shall alwaies proue comfortable to the old folkes . Catullus . Hymen ô Hymenaee Hymen adest ô Hymenaee . Sir Philip Sidney . God Hymen long your coupled ioyes maintaine . FINIS . 
A19359	----	The miraculous and happie vnion of England and Scotland by how admirable meanes it is effected; how profitable to both nations, and how free of inconuenience either past, present, or to be discerned. Cornwallis, William, Sir, d. 1631? 1604 Approx. 48 KB of XML-encoded text transcribed from 19 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A19359 STC 5782 ESTC S108707 99844363 99844363 9169 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A19359) Transcribed from: (Early English Books Online ; image set 9169) Images scanned from microfilm: (Early English books, 1475-1640 ; 1375:02) The miraculous and happie vnion of England and Scotland by how admirable meanes it is effected; how profitable to both nations, and how free of inconuenience either past, present, or to be discerned. Cornwallis, William, Sir, d. 1631? [40] p. Imprinted [by George Eld] for Edward Blount, London : 1604. By Sir William Cornwallis. Printer's name from STC. Signatures: A-E⁴. The first leaf is blank except for signature-mark "A". Running title reads: The happy vnion of England and Scotland. In this edition the last line of text reads: ceiued it. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. 2004-03 TCP Assigned for keying and markup 2004-04 Apex CoVantage Keyed and coded from ProQuest page images 2004-05 Olivia Bottum Sampled and proofread 2004-05 Olivia Bottum Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE MIRACVLOVS AND HAPPIE Union of England and Scotland ; by how admirable meanes it is effected ; how profitable to both Nations , and how free of any inconuenience either past , present , or to be discerned . LONDON Imprinted for Edward Blount . 1604. To his louing Countrimen . IF Euents be the certainest and least suspected Councellors as they that cannot looke but like themselues : for their sakes I hope to be accepted , and for their sakes to haue so much of the priuiledge of an historian as to be allowed to speake truth ; which if it carrieth no other then it owne beauty , cal it not a fault , since thereby I giue you proofe I desire not to steale your opinions with inticements . I haue deliuered you the last Time , and This ; that out of the experience of both , you may frame the succeeding . I haue spoken them truly , because it is fit you should see them in their nakednes , for to iudge by them is to know them without colours . Lastly I haue touched , ( though not neere to the life ) the admirable happines of this Iland in our Prince ; A Prince whose vertues giue luster to his authority , and that authority to his actions ; so as he needs not the pruiledge of his fortune , since all his performances are able to stande vpon their owne force , needing neither countenaunce nor power to giue them reputation . Amongest his vertues I haue showed his vprightnes , that lighted by that great example , you may bee free from all partialities . Thus haue I performed the duty I owe to you , and my Country , I knowe honestly : if you thinke so my rewarde is the fuller . Free I am from hiding a corrupted will vnder another pretence ; And as I haue finished this epistle without mingling it with salutations or excuses , so haue I passed through the boundes of my purpose , wooing no one but all , and all without any other aduocate but truth , the colours vnder which all honest spiritts and good Common-wealthes-men ought to venture themselues . And so not doubting but the same minde that is truly inclined to the good of his country will allowe my intent and pardon my errors , I rest . The humble seruant of all true Patriottes . The miraculous and happy Vnion of England and Scotland ; by how admirable meanes it is effected ; how profitable to both Nations , and how free of any Inconuenience , either past , present , or to be discerned . THe end of knowledge , is acknowledgement , for since we can looke vpon nothing that is not deriued from God , and that beareth not a testimonie of his power and goodnesse , gratitude must follow vnderstanding , if not to recompence , yet to witnesse the feelings of his benefits . From this consideration ( louing Countrymen ) I haue presumed to offer you this Treatise . We haue all fealt , I doubt not the mercy of God in this late happy and admirable alteration , and I hope not alone fealt it with our bodyes , but our mindes ; for to haue so great a benefit , from so great a power , rewardes the minde with such a satisfaction as earth cannot giue . What you haue thought , pardon mee though I presume to speake , since my end is not to challenge any superiority , but to preuent ( if my end may bee as happy as my purpose ) the incident diseases of humaine prosperity . My proiect is then the greatnes of this blessing , and not alone the blessing , but to oblige vs the more ; the consideration by what vnexpected meanes , and how much beyond either the common course of things , or the strength of man it is effected . Next how free it is from all the inconueniences incident to the common alterations or augmentations of Empires : and lastly since it is aboue the course of nature , or the ordinary disposition of things , being full of profit without either daunger or former hazardes , that like adiuine and supernaturall blessing wee entertaine and vse it . Thus farre goeth the scope of my intent , destinating my labours to bee the seruants of your memory , for which I desire no other recompence , but your owne happy and iust proceedings , taking the aduenture of your acceptance , and leauing vnto you the glory of so great an action , as the due of those progressions that are performed with iust and vnspotted mindes . This realme hauing a long time laboured in the preuention of dangers , and enioying an outwarde rather then inward peace , like a body that fetcheth all the health from Phisicke , and was of late yeares come to that weaknesse , as in a short space had she continued in her course her preuentions had prooued vaine . For the aduantage of others disagreement was by agreement taken from vs , our treasure spent , our souldiers of experience consumed , the subiects purse emptied , and in fine , like a shippe that had throwne out her goods to saue her carkasse , we floated with our liues rather repriued then saued . In the meane time , and in all this time , this realme resisted none of her griefes by a naturall course , which is by her owne strength , but beeing rather feathers then winges , neither the glory nor profit was hers , but our blood and treasure , was the medicine of our suspected constitution . It is necessary I bring you thus farre backe ( good Countrimen ) aswell because man knowing nothing in his originall , cannot iudge singlie ; but by coupling contrarieties , seeth the difference by the effects : as also feeling your prosperitie and from whence it commeth , you may loose the sight of no part of this blessing . Nowe may you perceiue the nature of it , and the greatnesse , that from a weakned & almost breathlesse state , is come to be the most opulent , strong and entire Empire of the world . What shall we call it ? no naturall name can expresse it , it is a miracle ; Take vp thy bedde and walke . It is a miracle in the cure , it is no lesse in the meanes ; for if the marriages of Princes , the issue of Princes , the prayers of men , the plottes of our Enimies , or the Iealosies of greatnes , could haue hindered it , England had not beene happy . We had yet laboured vnder the burthen of a torne and dismembered kingdome . How much the resisting these impediments , passeth the common course of nature euery Iudgement may easily discerne : but we haue yet but halfe the sight . A midst all these courses swaied by Ambition , and vniust Iealosies , behold our Prince , prouoked by al means ; and by some where his patience might be called in question , suffering all , induring the plots of his enimies against his right , his person against their malice , he withstood all their hates with his loue , his loue to this his coūtry made him suffer his wrongs , and where the hot ambition of some Princes , would easily haue couered the inuading of this Kingdom , vnder the reuenging of his wrongs , and the feare of filling it with the horrible effects of ciuill wars was a curbe to his iust mislikes , choosing himselfe to feele wronge , rather then they should . Surely if we consider this truly , wee shall finde the obligation we are bound in to the diuine power , no lesse stronge heere , then in the rest . For if the resisting wronge bee a warrant of nature to the simplest creatures , and that there is nothing more opposite to euery disposition ; how much more in Kinges , vnto whome God hath giuen both power and authority to iudge and punish iniuries and wronges ? So that for the good of this lande , he hath not alone resisted the prouocations of flesh & blood , but a liberty , for a more pleasing colour and stronger excuse , no Prince euer had to make warre vpon another . Thus you see the straunge and miraculous passages of former times , from how admirable proceedings your safety is deriued , but behold another part of your blessing . You buie not your peace , your plenty , your strength , your happines , no it is giuē you , for wheras your safties abroad might haue bin purchased , with a Prince that might haue line heauie vpon you at home , & by exactions haue but exchāged your burthens from your shoulders to your hartes , you are blessed with one , that in his whole life , hath approued the happines of the subiect and the flourishing of his Kingdome to be his chiefe contentments . For otherwise , who would haue indured the slaunder of a iust title , the death of his friendes , the plots against his person , but hee onely that valueth iustice and a common preseruation aboue any humaine prouocation , or ambitious enticements . Wee haue now heard how much we are blessed and by how strange and extraordinarie meane , and more , that we enioy all this without any inconuenince , either passed or to be discerned . Let vs then examine what the alteration and augmentation of this kingdome hath done . Insomuch as all changes are Earthquakes to a State , shaking the very foundation of gouerment ; and augmentations and increases , are neuer vnaccompanied of present daungers , and future burthens . To examine this by history , behold the Auntients , where for the passing of simple lawes , the whole body of the common-wealth , laboured betweene life and confusion . And in those changes where reformation and amendment bare the name , yet did they neuer alter without hazard , the medicine being as dangerous as the disease . How different is this from ours , where the Axeltree or vphold of our common-wealth being changed , we rather heard of it , then fealt it ; or if we fealt it , it was the comfort of it . What vproare was there ? what confusion ? what surfet of the former gouernment brake out ( the inseparable accident of an Interraigne ) what factions ? what misorders of discontented and desperate persons ? but on the contrarie as men expecting a wonder , a generall quietnes possessed the whole land , & as it were inspired with the age to come , gaue ouer the care of their own mislikes to the generall redresser , & all the different humours nourished either by former griefes , or this long expected day , grewe in an instant to be turned to the generall good , and to prepare an entertainement for the elected both by God and man , both by his title and vertues . In a worde , neuer was Prince receiued with so generall an applause , nor was there euer Prince that deserued better of vs : for laying by the iustnesse of his owne title , the remembrance of his sufferings ( which to another nature would haue beene accounted an earning of this kingdome ) the need we had of him , the testimonies giuen to the whole world of his abilities for gouernment , laying by these considerations , he hath beene yet content to acknowledge the loue of his subiects ; & not alone to acknowledge it in wordes , but to assure them of it , he hath not respected his priuate gaine , beyond their profits : To this end hath he abolished Monopolies & other prerogatiues of the Crowne , rather then to let his subiects feele any greeuance , though he might haue kept them without any colour of mislike , being to him inheritances no exactions . But his loue to vs will not permit excuses , but on all sides sheweth he will performe the office of a King , without mingling it with the Iusts of man. But this is but one ; on all sides appeare actions of the same quality ; how hath he of late , to giue vs yet more testimonies of his loue , taken offendors of the highest nature out of the hands of Iustice and giuen them mercy ? Whereno excuse , no priuate petitions , no not where mercy it selfe ( being gouerned by her owne nature ) could haue intreated it ; For our sakes they liue , and for our sakes , against the rules either of lawe , iustice , or pollicie . Let vs behold these parts with a true consideration , and we shall finde neuer people had so infinite blessings laid before thē . For wheras it hath bin too common amongst some Princes , to esteeme handsome colours good paiment for subiects : our Prince , hath not onely not held them good enough for vs , but euen iust reasons , if they haue any way seemed to concerne him more then his subiects , ( though that which concerneth him , must them ) haue bin laid by & not respected . To be short , neuer was there Prince , that avowed al his actions to be grounded vpon a more vpright iudgement , which doth not onely represent vs this great blessing of ours more fully , but with all disburtheneth vs of all iealosies of partiality . For he that in all questions between himselfe & the subiect , hath not spared himselfe , cannot betweene man and man be partiall , since all partialities are begottē by self-loue . By this we may cleere the doubt of English and Scottish , since he is King of both , he is father of both , and ( being equally charged by the King of Kings with both ) owing vnto both one duty , he will giue vnto both one affection . But least I be called into question for a proofe , behold his former gouernment , where his vprightnes had that hād with him , as neither the generality , nor the custome , could make him yeeld to the common defence & nourishing factions by names , euer protesting him highest in his opinion , that was owner of a good life , aswell as a great name . So that to be knowne for an honest man , was more then to beare the sir-name of Steward . He that knoweth in how contrary a course the example of that kingdom might haue nourished him , & how the customes of their Clannes had brought this integrety to the suspition of a vice , will ask no more instances for cleering all suspitions , that foreknowledge shall neuer bar merit . For since he defended his yongest years , frō the most receiued vice of his countrey , we must expect in this riper time the habituall possession of this Regall vertue . Now to the increase of Empire , which though it carieth the face of the happiest alreration , yet being an alteratiō , can hardly escape defects . For not only the nature of all humaine accidents approues it , all things being deliuered to vs cōmixt , we being not to be trusted , either with good or ill alone , separated , such are our frailties & weaknes , presumption or despaire , growing mightie if fed with either fortune single . But more particularly to illustrate the inconueniences of the increase of kingdomes , the cōmon examples are either by power or ambition in one body , or by necessity compelled to offend defensiuely in another : Both are by conquest , whose violent effects leaue for euer an equall mistrust both in Prince and subiect , an humor of that fatall operation , as nothing but bloud and oppression followeth . What shall I say now of our encreased dominions , that haue made vs terrible to the world without any terror to our selues : But so happy and excellent meanes are the long disioyned partes of this Kingdome , brought to an inseparable imbracement . And if the long receiued Axiome of pollicie shall bee beleeued ( that kingdomes must bee maintained by such meanes as they were gotten ) vnto what an excellent necessity are we tyed ? marriage was the meanes , a friendshippe of that high nature , that God himselfe daineth to bee a witnesse of this indissoluble knot ; we must maintaine it with the neerest resemblance , that is by a constant friendship and loue . Verely I beleeue it impossible for man to thinke , how so infinite a blessing to both sides could haue beene accomplished , by any other so easie and euen conditions . For neither side sought others friendship , by comming past the boundes of the reputation of a nation , there were no threates , no violence , no swordes drawne of neither side . So that as if God would prouide to satisfie euen our most distempered and sicke affections , least such sparkes might inflame this great action , neither nation can charge other with needing , or yeilding , or giuing way to other . So are they met , so are they prepared as they shall scarcely need eyther time or custome the vniters of flesh to assist their incorporating , since they are by the diuine wisdome , so knit together , as it resembleth a new creation . When wee shall haue beheld on all sides the cleerenes of this benefit , how all things answere one another , and all without the least signe of any inconuenience or daunger , what place is left for suspition ? or if not for suspition , was there euer any benefit possessed so entirely ? who is there now that shall bring in questions of seperation and be beleeued ? since we may easily determine all such differences , arise out of the malignity of such dispositions , not the cause . It is most true if you will ( happy Countrimen ) that the streames of the common wealth and people runne contrary ( for flourishing states haue commonly dissolute inhabitants , poore countreies honest people ) this is because we borrowe our behauiours from our fortunes not discourses , being good or bad , according to the floud or ebbe of our estates . But if you will be owners of this happines , you will proceed with more aduised considerations , and iudge of your Councellors as well as Councels . If they tell you of the pouerty of Scotland , examine whether our wealth shall not come from the addition of their Kingdome , for at once we receiue from them the stopping of our vnnecesary warres , and the vse of trafficke . How infinitely haue we beene consumed in the vpholding the low countryes , which we were enforced to vse for a stillt to vphold the body of our state . Shall not a naturall limme , nay another body , that doth not onely rescue vs , but becometh vs , be thought worthy of entertaining ? There is none of vs that worne with the trauailes of the world and time , but would buy a new strength and youth at any rate : Be now ashamed to be taken with this selfe-loue , or els value the new youth and strength of our commonwealth . Since gratitude and the knowledge of benefits , cometh from the looking back vpon former times , let vs not be ashamed to remember times past : How was the wealth of our lande decayed ? how full of doubt stood wee ? with what Prince or state durst we enter league , that was able to be our enimies ? nay to such a state wee were come , as wee were as much afraid of peace as warres , and durst trust neither . At once to bee deliuered of these , without feeling any alteration but the ease , what doth it not deserue ? Without feeling any alteration , for what hath hapened in this change that we can complaine of ? Warres are ceased , peace is entreated on all sides , oppressions are abolished , in the meane time , the Prince exercising al those vertues that may make the subiect happy , his Iustice , his mercy , his liberality , his benignity . And whereas euen the best Princes , haue thought it sufficient to exercise certaine generall vertues , who is there that could demaund particular fauours of any kind , and hath beene sent away empty ? Truth cannot be flattery , and that which so many can wittnes ought not to be suspected . Not alone the deseruers of him haue tasted of his bounty , but the assisters of the gouerment past , haue founde it as sure a plea to be able to proue , they serued his predecessor loyally , as those nearest vnto himselfe . What shall wee gather of this ? but that this Kingdome is beheld of him , with the same care that his others are , and that the seruants of it are as deare to him . A rare example of equity , since in the succession of Princes wee see nothing more ordinary , then that the fauour of the seruants dieth with the master . After this assurance to doubt his partiality , and that the number of his auncient attendance will rob the English of places and employments , cannot come but from a minde , that speaketh his owne vices in anothers name . For since wee cannot Iudge the thoughts but by the actions , and that all his actions haue bene found of another nature , from whence issue these suspitions but out of their owne bosomes ? Shall it bee thought an answere that the old seruants of his Scottish Gouerment haue beene rewarded ? the same minde would haue pronounced ingratitude if they had beene vnrewarded . For who is hee that censureth honestly , and houldeth not this an argument for our incouragement , who being in the beginings of our times , cannot knowe him but by his vsage of others , who hauing spent for him in a time of lesse expectation , & so lesse to be suspected , their youthes & strengths , how could any indifferent iudgment hould them vnworthy of rewardes ? It hath then rewarded vs in them , for the example hath giuen vs encouragement , which is the very food of the soule , and the greatest prouocation of vertue . Shall wee yet doubt and desire more assurances ? behould euery man that hath not had a more capitall fault , then the being a stranger to him , holdeth the same place hee possessed before ? from the highest to the lowest , yea euen the seruantes of the person and house of the last Prince are his . An vnusuall satisfaction and so to be esteemed , and an action of a Prince , that cannot suspect that in another , that hee findeth not in himselfe . Can there now be such another testimonie of his vprightnesse , when by the changing the administers of this state , by another disposition , would haue bin thought so important a part , as he should by the alteration not onely haue rewarded others , but assured his owne person . But from the generall consent of his entrance , hath he framed the rest of his proceedings ; he found vs then , ioyfull , loyall , louing subiects , and according to that demeanure hath he vsed vs : which if we do not acknowledge , and acknowledge in making the same vse of his actions to vs , we are vnworthy of so happy a gouernment . But yet saith some body , how can it be that the number of that nation shall not shorten the benefits of the English ? If they brought men without a kingdome it were an obiection , or if men vnder this Prince must not bring somewhat besides a petition . They haue a Countrey of their owne that yeeldeth so much plenty , as their plentie breedeth their want ; for concerning the necessaries for mans life no countrey is better furnished : and for wealth , the happinesse of their latter gouernment hath giuen such testimonies of encrease , as already they possesse enough both to defend themselues and to free their countrey from the imputation of sterility . But this is not all , the number of able men is not a discommoditie , for how commeth it ( thinke you ) that all the Princes of Christendome thinke well of our friendship , but because wee haue many able men : So that either it must be confessed , enuy is better food then safety , or else that two offices in one hand is not so important , as two kingdomes vnder one Scepter , vnder one Lawe , becomming one body . Neither doth the commodity of so many able men end thus , but as it bringeth reputation and safety from abroade , so ease and wealth at home . For when this multitude of able men shall disburthen the officers of their too much businesse , they shall not excuse vnder-briberies by their ouer many emploiments , and so shall the poore subiect escape paying fees vpon fees , and sometimes double and trebble briberies . By this time it is apparant , that neither the pouertie nor multitude of our connexion can be preiudiciall , since it is prooued they will be the onely instruments of our enriching ; and that this multitude bringeth a happy necessitie for the redressing the griefes of the greatest part of our people . Let vs then come to the beholding this happinesse together , which since wee finde so infinitely full of blessings as the sharpest sight cannot discerne any inconuenience or future perill , what shall I call it ? but a diuine and miraculous blessing of God. Now should we bring vnto this great benefit our sicke and corrupt affections , though neuer so well couered vnder the names of foresight or preuention , shall we not worthily deserue punishments answerable to our fauours ? Let this learne vs ( good countrimen ) our duties to the Common-wealth , whether we ought not to bring our bodyes , but to cary our mindes , for to bring priuate driftes to the publique busines , is an impietie of the highest nature . What shall we say now to their imaginations that hold our vnity most profitable if it were inseparable , but if the Kings issue should faile , say they , and seuerall titles disvnite vs , then would their neighbourhood be more dangerous : for by our incorporating being growne more riche , they would be more able to affront vs. How doe these striue to bury benefits with suspitions ? they haue forgot who ended our warres without miserable conditions , who hath enforced Ireland to lay downe armes , who hath made vs capable of forreigne leagues without buying them , but beholding all these and many more both defences and benefits as things past , and now in their owne possessions they are as weary of their assisters , as they were of their feares . Or els being people of such a condition as finde most contentment in troubled and doubtfull states , because setled and flourishing are the lights that discouer ill affected and ill disposed persons , they desire to shroud themselues still in the darkenesse of confused and perplexed gouernments . But to answere their obiection without them , how vnlike is this to the English stile , that lately durst not thinke beyond one life , and now out-runneth foure , and by Gods grace many more . And are there foure betweene this feare and vs , and is it yet a feare ? It is no preuention but an impious forecast ; for to prouide beyond probability , armeth our imaginations against the will of God. A strange office for man to vndertake , since if it were a part of his appointment , Heauen and Earth , and all their generations , reuolutions and changes , and euen God himselfe were idle and vnnecessary powers . But still we insist vpon our wealth and their inriching , which either we mistake or vnderstand not . For if we haue the aduantage of wealth we shall hold it , for since they neither can nor will demaund any thing but by way of commerce or traffique , the long and great concourse of trading to the cheife city of our Iland , will sucke vp still the greatest part of our weath . But might it be that their wealth would be encreased , the publique good purchaseth not losse but profit , for by the dispersion the state findeth the people more able and more industrious , from whence ariseth the increase of traffique to the subiect , and of custome to the Prince , the most honest and easy way of enriching the Kings coffers . Not vnlike vnto this obiection is the mislike that they would lay vpon the disposition of the people that because they haue in times past giuen way to their priuate mislikes and drawne priuate quarrells to multitudes ; that wealth vnto such natures being like oyle to fire , might drawe their fewds from a sparke to a flame , and so inwrappe vs in an vnnecessary warre . But they are much deceiued in the generall operation of wealth that suspect that , since if there be any quality in riches more then our opinion hath forced , it this that it ordinarily maketh ill men good citizens . For it is not the goodnesse of lawes , their integritie , nor good effects in generall , that maketh all men obserue them , but that their wealth hath no other defence , so doe they loue Iustice and her obseruations , out of their owne particular , there being no way to make them conceiue that foundation of equitie ( suum cuique tribuere ) to yeeld euery man his owne , except they haue of their owne to make the instance . But were these probable , are wee not to prouide first against those that threaten vs neerer ? is not the first and most waighty consideration of a States man to preuent the inuasion of forraine enimies ? and can there be any other course for them , then by our leauing matter of - discontentment amongst our selues . Against outward inuasions nature hath cared ; we are enuironed by the sea , and so knit together both by religion , language , disposition , and whatsoeuer els can take away difference ; as vnlesse we breed disagreeing affections , we are indissoluble . Neither can we nourish these vnlesse we will contradict Heauen it selfe . Behold how we are ioyned , God , Nature , & Time , haue brought vs together , and so miraculously if we obserue the reuolutions of time , as me thinketh the very words after the consummation of a marriage , shall not be vnproperly vsed , Those whome God hath ioyned together , let no man seperate . Vnto whose iudgement now , will not these obiections seeme light , if wayed with this consideration . Lawes and pollicie can fight and ouercome inwarde inconueniences , the wisdome of the Statist , is aboue any of these discommodities , especially in Monarchies , where ciuill matters are easily redressed by reason of the absolute power of the Prince , and that the people are not strong enough to fauour their owne imperfections if they come in question . But against outward inuasions invited by inward diuisions , there is no cure but preuention , for being once on foote , wisdome may see the fault , but armes must determine it . To assure you this is no idle warning , let vs both examine the states of our neighbours , their dispositions , their former actions , and then what is likely to leaue matter of discontentment and diuision amongst vs. First for France were it one man , former fauours might warrant vs , but kingdomes can dispence with ingratitude , therefore wee must forget their distresse , and looke for the common disposition of their prosperitie , which hath euer leueld at the keeping vs downe . To this end haue they alwaies held correspondence with Scotland , which they haue vsed for their onely refuge , to escape the English preparations . So that if we shal close this past their entrance ; we haue taken away their first and safest defence . For now all questions must bee decided within their owne entrailes , where how so euer they speed , they must be loosers ; for though the euents of armes bee doubtfull , yet the deciding place is certaine of losse . Now for Spaine vnto whose ambitions wee haue euer beene an impediment , both in our aides to France , and the Lowe Countries , though we feele not the gratitude of these , yet must wee prouide against the mislike of the other . For by most natures reuenge is preferred before recompence , as the more profitable qualitie : therefore must wee prouide not onely against their ambitions , but mislikes , which double excitation nothing can pacifie but our owne strengths . But it may be the iealosies betweene Spaine and France will cleere these dangers ; let vs not borrow a defence out of their humors , when we may haue one of our owne , nor can wee trust to it , since hopes and feares doe equally quench contentions , so that if they haue no other impediment but themselues they will ( questionlesse ) respit their owne mislikes , vntill they haue taken order with vs. In the meane time we search not enough the Spanish pollicy , who beginneth his attempts thorough diuisions and factions , which if he espie , hee prosecuteth dangerously , for by his strength in Rome and the West-Indies , he searcheth all kindes of dispositions , which if not sound , he maketh at his deuotion . To make perticulars sound , wee must begin with the generall ; when we haue laide our foundation strong , and past the shaking of our enimies , we take away the prouocations both of the Temptor & Tempted against their religion , let our religion be opposed , in respect of whose strength and reputation we ought to be more then moued , since our vnitie in bodies to our already vnited mindes , will make the reputation of our religion so strong , as they that put on the aduerse , for feare and in pollicie , shall neither shame nor feare to vse their owne consciences . Shall wee see now out of what matter our enemies can worke dissention , there is neither ambition nor discontentment amongst our great men , nor burthens vpon the people , lawes haue their due course , and purge the vaines of the common-wealth , from vnnaturall stoppings and corruptions . It can then be no other , then in the disposing of our new body , from which we may take the beginning of the happiest Empire that euer was . Plato to illustrate the strength of friendship borroweth so much of Poetrie as to tell a tale that the body of man was first rounde , and whilest hee enioyed that forme was doubly furnished of all the Organes and abilityes of man , after , abusing his strength the Gods diuided him and left him but the halfe of that hee was ; but yet with a power ( as findding the other halfe which is a perfect freind , not differing in resemblance ) he might againe enioy his first strength and happines . England hath found her other halfe , shee is now doubly furnished with the strength of a Kingdome , she hath foure armes , foure leggs , two harts ( made one ) two powers , and double forces . What can make vs now so vnnaturall , as to doubt of our restored strength ? or by what rule will suspition be tryed ? If lawes and ordinances bee called and rightly called the soule of the common-wealth , they must not be begotten by ourappetite : for then they can neither be diuine in their operation nor eternall in their continuance ; if we confesse it , and appeale to Iudgment , Iudgment trieth all things of this nature by the consent of these three vnuariable rules , namely Conscience , Reason and Example , as those that giue lawes their true essences . For conscience reconcileth our humane lawes to our diuine , in so much as all lawes that take not them for a patterne , cannot be honest , and so not durable . Reason shapeth them against all assaultes which cannot be without making them profitable to all . Lastly Example assisteth the weaknes of Reason with the sight of former successes , in so much as the strength of humaine reason , is but to deuise and cannot without triall ariue any nearer the end then probability . Then to examine it by conscience : Is there not a necessity of mutuall helpe imposed vpon man ? and haue we freed our selues of infinite troubles and is there not a duty belonging to the meanes ? Doth a Nation not differing in any part from our selues , full of strength , able men , of so important a scituation , offer her selfe with open armes to embrace vs , and can we thinke of another entertainment besides a louing and euen embracement ? If the offences or violences of Kingdomes , alloweth vs , first to ouercome , then to subiect and tye them with thraldome , doth loue , freenesse , amity , brotherlike regard require the like vsage ? either we were wronge before , are now , or confound merit and iniuries . In a word , were there no other motiue but our Prince , who would not be ashamed to refuse such a Medium . since his bloud is of both nations his minde so iust to all nations , and that his vertues haue already confuted all obiections : what conscience is there that hasteneth not to this combination , not onely for a quiet as compelled , but for ioy as the due of so noble and glorious a performance . Now let vs see the triall of reason , this Ilande is happily come within the circle of one Diadem , not by conquest , nor by weaknes , nor for protection , but are drowne together by the vertue of an vnited blood , and made one mans Kingdome by the happy coniunction of the royall blood of both nations . And is that blood growne one , and shall not the Kingdomes growe one ? It is reasons office , not onely to bringe the will and the desire together , but by the way to examine the will , from what right he desires , how iustly , and to what end . By this meanes all parts haue satisfaction or ells the reason disclaymeth the employment . We shall neuer get reason then to goe of this errand , for wee haue no right to the holding it by a diuided title , nor is there iustice in couering an vnequality in a title , nor hath the end , any other soundnes then the deuise of some sicke affection . For if there were some great difference in our powers , power might sway it , and reason would make the weaker yeild to necessity : if the Prince were either by bloud or affection of one side , the other were to light , but hauing neither strength nor right to a superiority , how can it belong vnto vs ? Now if this be apparant , were it in our power to bynde them to vs , by some vndername , how standeth it with the pollicy of a state to leaue so many Idle men , for since our industry hath euer an eye vpon our owne good wee must either interest them in the gaines , or wee must expect cold endeauours . For nature hath giuen vs abilityes for our vse and preseruation , which though our reason perswadeth vs to vse for the cōmon good , yet neuer for the common good without including our owne perticular . But it may be it will be answered , let their industries be spent vpon their owne soyle , and so shall ours and wee will craue nothing from them . Who seeth not in this answere either a willfull or ignorant folly ? that forgetting their neernes , the daunger of their mislikes , the gappe for seditions and plotts to get entrance , we reckon them as a people that concerne vs not . No , no , they must haue a hande in our busines , our peace is theirs , our florishing theirs , our successe of all kindes theirs , in so much as if they be not thus farre interessed in these , and their loues so fastned to vs , as to ouercome all temptations , wee must expect none of these , so shall they or we , if we preuent not all enticements be wooed ; since forraine forces are too weake to craze our strong constitution without euill Iarres . Lastly if wee looke for presidents and examples to strengthen our resolutions , neuer were two Kingdomes inuited by so stronge and forcible meanes to become one , and reiected it . Contrariwise , Spaine and France were neuer absolute Monarchies vntill the first of seauen Kingdomes became one , and Normandy and Brittaine were annexed to the crowne of France ; which before were vnder other lordes . The deuiding a Kingdome into petty principalities prepareth it to bee swallowed by a more vnited power . So standeth Italy at this day , that liueth not by her owne strength , but by the Iealosies of her neighbours : yet was shee once Mistresse of the world , and so would be againe ( saith one of their authors ) were she re-united and vnder one scepter . But why seeke I forrain examples when wee haue one of our owne so neare vs ? Wales is Englished , a country whose riches did not woe vs , nor her power , nor the fertility of the soyle ; but the discommodities that we might receiue by them whilest they were held as Aliens , beeing matter to feed discontented or ambitious plottes , this was the furthest and onely aduantage we expected , which since it lay within the power of our incorporating to cure , and that nature had performed halfe the worke , with the alliance of countreys so neerly knit together vpon one continent , wee performed . Successe hath followed , a warrant for the like occasion , but this is more like vs then that , a greater prouocation , wee differ not in language ( a signe that God euer meant to haue vs one Kingdome ; ) and for the other conueninences of our match , as power , wealth , largnes of territories , reputation of a Kingdome , ability in men , there is no comparison . That the world is possessed by many lords , and that the great empires that grew in her minority , crushed themselues with their owne weight , cannot in one reason be better comprehended ( mee thinketh ) then that the difference of scituation , clymate and disposition , could not giue power , to the imperiall country , to naturalize her conquests , they could not make them themselues . For it is lawes and customes and euennesse in capicity of offices and dignities , that can make countries loue one another truely , for so they doe as it were beget one another , and become flesh of flesh , and bone of bone . For want of this it hath beene in the power of priuate men , to shake an Empire , that could not haue moued a Kingdome , and for want of this , haue Empires beene enforced to hould subiected countries by garrisons , and by cruelties waies , so disagreeing from nature , as their authority hath depended meerly vpon fortune , and an externall reputation , which neuer indureth a distemper without a downefall , nor is euer sicke without destruction . For recouerable diseases are onely in naturall bodyes , which these being opposite to , must depend onely vpon force . In the meane time , how much the expence of treasures , and the continuall doubts wee haue of such countries exceedeth the aduantage , we may easily discerne , if we behold but Spaine , whose many dispersed Kingdomes haue beene such a burthen to them , and haue drawne them , into so many inconueniences , as his West Indies , and great encrease of possessions lately annexed to that crowne , haue not bin able to defend him from the extreamest wants , insomuch as his designes haue oftner stood still for want of mony and men , then many smaller Kingdomes . Had it beene now thinke you in his power to haue made them all Spanish and within the limits of one continent , vpon the condition to haue called all Spaine , and but one nation , would hee not haue thought it an excellent exchange ? Doubt it not since hee had at once beene deliuered of those charges and suspitions , that make his possessions a paine , and weaknes rather then a strength , being like a monster of nature that hauing a body without bloud inough , hath his limmes withered and feeble being a great bulke , drowned in his owne proportion . All forced gouerments must bee momentary in so much as they leaue out the will and desire of man , which onely can beget continuance . For an instance behold nature her-selfe , who driueth at none of her endes tirannically , but emorapping her driftes in the naturall desires of her creatures , hath her purposes effected not as hers , but as their owne . So must the aduised Polititian proceed , if he intendeth to giue either a goodly or substantiall forme to his workemanship ; for though man can inforce other creatures beyond their willes , yet the will of man , hauing reason to direct it which hath a freedome and eminencie in her nature , must therfore be wrought by perswasions , not enforcements , the onely means to bring her to obedience , and to yeelde to the directions of others . I haue gone thus farre beyond my purpose ( louing countrimen ) to free you of all suspitions , insomuch as the soule of man , is no sooner cured of any great infirmitie , but there remaine certaine dregges behinde of doubts and suspitions , which I hope these fewe considerations will cleere , not as they are mine , but as they are truthes , though at this time , ( vnto an aduersary ) I cannot complaine of my weakenesse , for being the champion of right I doubt not of the successe of Dauid . You haue now then the sight of this great blessing , which approacheth you so full of infinite happinesses , so pure and vncommixt with the common fortunes of the worlde , as you may laye by all thoughts , but such as are apt to prepare you fit to receiue so gratious an assurance of Gods fauour , and of gratitude though not answerable , yet answerable to your powers . In the meane time beholde the goodly time before you , so cleere and calme as there is not so much as matter for cloudes or stormes left to breed on , ( the originall of the happinesse of a common-wealth ) for then onely are the inward motions of gouernment made perfect , when there ariseth neither feares nor dangers from abroad , since those times are often so miserable , as they are not onely forced to make vse of the diseases of the time and people , but also to praise them , the forerunner of the downefall of a state . Which you shall easily prooue if you search the ruines of the ancient Empires , where ( towards their end ) vices went for vertues , and the greatest corruptions were the greatest merits . But our State is of another nature , it cannot growe old and doate , because it had no infancie or youth ; wee builded not our foundation out of a little , and increased it after by the sworde , we are no purchasers , but inheritours , and inheritours of a State , that commeth to vs strong and flourishing , so doe wee want those shiftes and by-courses , which come in with necessity , which make such states in time suffer shipwracke both by iust and naturall reasons . For hauing gotten by oppression , it standeth with Iustice that they loose so : and it is infallible , that people gotten vp by indirect meanes , though the present gaine maketh them insensible of it , yet it leaueth in them the example of the corruption ; and being like creatures bred out of putrifaction , they liue no longer then there remaineth such matter to feed on , but are after ouerthrowne by some aduerse power , or els turning head vpon themselues , are the authors of their own destruction . But you freed of all these , shall haue a happy leasure to view ouer your owne inwarde parts of the Common-wealth , and being hindered by no new doubts , may search , medicine and heale , all olde griefes , which not alone the time permits , but the Prince warrants , aleach chosen by God to make a new time setled in an instant , such as the power of Iustice and an vpright distribution , another testimonie of Gods gratious fauour vnto vs. For beeing strangers though not by birthe , yet by personall knowledge , and the commerce of stran gers , warranting almost a partiality to our countreimen , it is onely the worke of such a King , to alter nature by the force of wisdome . So hath his iust proceedings wrought vpon vs , that neither side , being able to charge him with leaning more to one side then another , neither side hath cause to mistrust him , another doore at which Partialitie often entereth . Will you know now what we haue escaped ? the being begotten by a diseased father , for this time being the father of the succeeding , had it constitution beene corrupted by partiality , the after-ages would for euer haue felt it , which would haue beene so much the more dangerous , because as in naturall bodies , hereditarie diseases are aboue the skill of the Phisitian , so would these of the Statesmen . But ours that is to be directed by a Prince so infinitely indued by the graces both of God , Nature and Fortune , we may assuredly expect actions answerable to such a concurrance of vertues . To that height of felicitie are you then arriued , as not onely you shall enioy your country without feares , your estates without hourely impositions , and your liues without warres and hazards , but as if you exchanged these for their contraries , your countrey shall yeeld you peace , and by peace infinite contentments , your estates shall encrease daily , and you shall not buy your owne industries of strange impositions and taxes : and warres that had wonte to diuorce you from your parents and wiues , and by presses violently pull you from your owne quiet courses , to sacrifice you to the distempered and troubled age , to quench the fire of forraine ambitions that threatned vs , shall no more haue any such power ouer you . But your time and determinations shall bee your owne , and your hopes shall not bee frighted with feares . Prepare then mindes fit to enioy so many happinesses , and mindes fit to bee gouerned by so sincere and iust a Prince , whose very entrance amongst vs hath had that vertue , as to driue away all threatning calamities that hung ouer our heades . Let it not bee forgotten since the remembrance of passed perills is sweet , and not onely sweet but profitable , for it inuiteth vs to the acknowledgement . And since wee cannot better testify our thankefullnes to God , then in the offering our obedient hartes to the meanes he chose for the expressing this his wonderfull and gratious fauour vnto vs ; let vs begin our contentments from him , who like the Sunne hath dispersed and consumed our doubts , and like the Sunne draweth nothing from beneath , but to yeeld it downe againe with more vertue then he receiued it . FINIS . 
A07619	----	The abridgement or summarie of the Scots chronicles with a short description of their originall, from the comming of Gathelus their first progenitor out of Græcia into Egypt. And their comming into Portingall and Spaine, and of their kings and gouernours in Spaine, Ireland and Albion, now called Scotland, (howbeit the whole number are not extant) with a true chronologie of all their kings. Their reignes, deaths and burials, from Fergusius the first king of Scotland, vntill his Royall Maiestie, now happily raigning ouer all Great Brittaine and Ireland, and all the isles to them appertaining. With a true description and diuision of the whole realme of Scotland, and of the principall cities, townes, abbies, fortes, castles, towers and riuers, and of the commodities in euery part thereof, and of the isles in generall, with a memoriall of the most rare and wonderfull things in Scotland. By Iohn Monipennie. Monipennie, John. 1612 Approx. 255 KB of XML-encoded text transcribed from 65 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A07619 STC 18014 99899031 99899031 15691 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A07619) Transcribed from: (Early English Books Online ; image set 1569) Images scanned from microfilm: (Early English books, 1475-1640 ; 996:12, 1999:11) The abridgement or summarie of the Scots chronicles with a short description of their originall, from the comming of Gathelus their first progenitor out of Græcia into Egypt. And their comming into Portingall and Spaine, and of their kings and gouernours in Spaine, Ireland and Albion, now called Scotland, (howbeit the whole number are not extant) with a true chronologie of all their kings. Their reignes, deaths and burials, from Fergusius the first king of Scotland, vntill his Royall Maiestie, now happily raigning ouer all Great Brittaine and Ireland, and all the isles to them appertaining. With a true description and diuision of the whole realme of Scotland, and of the principall cities, townes, abbies, fortes, castles, towers and riuers, and of the commodities in euery part thereof, and of the isles in generall, with a memoriall of the most rare and wonderfull things in Scotland. By Iohn Monipennie. Monipennie, John. [4], 100, [20] p. Printed at Brittaines Bursse by Iohn Budge [and Simon Stafford], [London] : 1612. "A short description of the vvesterne iles of Scotland .." (caption title) has separate register, and colophon reading: Printed at London by Simon Stafford. Some copies have the imprint date altered by hand to 1614. Copy at reel 996:12 has altered date. Reproductions of originals in: Harvard University Library (reel 996:12) and Henry E. Huntington Library and Art Gallery (reel 1999:11). Imperfect: reproduction on reel 1999:11 lacks all after p. 100. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Nobility -- Scotland -- Early works to 1800. Scotland -- Kings and rulers -- Early works to 1800. Scotland -- Description and travel -- Early works to 1800. Scotland -- History -- Early works to 1800. Hebrides (Scotland) -- Description and travel -- Early works to 1800. 2003-02 TCP Assigned for keying and markup 2003-03 Apex CoVantage Keyed and coded from ProQuest page images 2003-04 Olivia Bottum Sampled and proofread 2003-04 Olivia Bottum Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion The abridgement or Summarie of the Scots Chronicles , with a short description of their originall , from the comming of GATHELVS their first Progenitor out of Graecia into Egypt . And their comming into Portingall and Spaine , and of their Kings and Gouernours in Spaine , Ireland and Albion , now called Scotland , ( howbeit the whole number are not extant ) with a true Chronologie of all their KINGS . Their Reignes , Deaths and Burials , from FERGVSIVS the first King of Scotland , vntill his Royall MAIESTIE , now happily Raigning ouer all Great Brittaine and Ireland , and all the Isles to them appertaining . With a true description and diuision of the whole Realme of Scotland , and of the principall Cities , Townes , Abbies , Fortes , Castles , Towers and Riuers , and of the commodities in euery part thereof , and of the Isles in generall , with a memoriall of the most rare and wonderfull things in SCOTLAND . By IOHN MONIPENNIE . Printed at Brittaines Bursse by Iohn Budge . 1614. To the most High and Mightie Monarch , IAMES by the grace of God , King of Great Britane , France , and Ireland , defender of the faith , &c. IT May be by many iustly ( most gracious Soueraigne ) imputed to me for no small presumption , to present to your Royall Maiestie , a Prince of so great learning and excellent iudgement , these simple fruits of my vnskilfull endeuours taken in this short abridgement . In most humble and obedient manner , I do preferre vnto your Highnesse these my weake and vnlearned labours , according to my ability , which how vnworthy they be of so great a princely fauour , as wel for the meannesse of me the writer , as for the plainnesse and rudenesse of the stile , yet if for the worthinesse of the matter , and of your Maiesties great accustomed clemency , vouchsafe then your Highnesse fauourable regard , they shall be as fortunate , as if they had beene composed by greater & more learned men , wherein briefly ●…ay be seene , the great and infinite mercy of God towards your royall person , that it hath pleased his superexcellent wisedome by his mighty power to preserue your Highnesse ancient Kingdome of Scotland , vnconquered vnder the Empire and gouernment of one hundreth and sixe Kings , your Maiesties royall progenitors : and in speciall when almost the whole world was brought vnder the Romane Empire by the sword . Also to reduce in one peaceable Monarch , these ancient mighty landes & many Ilands , which haue bene diuided in many seuerall Kingdomes , one of Britons seuen of Saxons , one of Scots , one of Pictes , one of Orkenay , and sixe of Ireland , : also some of the valiant and illustre noble actes of your Highnesse most royall and ancient progenitors , and of their raignes , liues , deathes , and burials . Accept them most mightie Monarch , I most humbly beseech your royall Maiesty , in your Highnesse gracious protection , and according to my bounden dutie incessantly with all humility , I will pray the great God of all might and power ( to his eternall glory ) long to preserue your Royall Maiestie , and your gracious Queene in blessed health and peace , to raigne ouer these your Highnesse great vnited Kingdomes , and to enlarge the same , and your Maiesties most royall and hopefull posterity to the worlds end . Your Maiesties most humble , and obedient Subiect , IOHN MONIPENNY . THE ABRIDGMENT OR SVMMARY OF the Scots CHONICLE . WITH A SHORT DESCRIPTION of their originall from the comming of GATHELVS , their Progenitour out of Graecia into Egypt , and of their Kings and Gouernours in Spaine , Ireland , and Albion : ( howbeit the whole number are not extant ) with a true Chronologie of all their Kings , lineally descended from FERGVSIVS the first King of Scotland , vnto his sacred Maiestie , now happily reigning ouer all Great Britaine , Ireland , and all the Isles to them appertaining . GATHELVS son of CECROPS , King of ATHENS , by his insolence made many inuasions , in Macedonia , and Achaia , in Graecia . And because he could not suffer correction , he with many valiant Grecians came into Egypt , & followed Pharao in his warres against the Aethiopians ; who with great cruelty had wasted the most part of Egypt , vnto Memphis the principall citie of that Realme ; Pharao with support of Gathelus vanquished and ouercame the Aethiopians in a most dangerous battell . And Gathelus valiantly vanquished and wanne their principall citie called Meroe . After this great victory , he being a lusty person , strong of body , and of a great spirit , wan great fauour with the King and his familiars , that the Kings daughter SCOTA was giuen in marriage vnto Gathelus , with many lands . Shortly after Pharao died , and another Pharao succeeded ; who opprest the Israelites with great seruitude and tyranny . Gathelus abhorring such cruelty , conferring with MOYSES ; also hauing respons of the Oracles of Egypt , was foreseene of the plagues to come vpon Egypt , made prouision for all things necessary for sayling , and tooke shipping with his wife Scota , his valiant Grecians , and many Egyptians from the riuer Nilus , the yeare of the world 2453. After long sayling and trauell he arriued at the land of Numidia , being stopped to land , he pulled vp sailes , and with dangerous and painfull passage through the Straites , he landed in one part of Spaine then called Lusi●…nia , by his arriuall called Portgathel , now Portingall : at his landing the olde inhabitants came against him with arrayed battell , whom he vanquished . He builded one Citie vpon the riuer Munda , then called Brachare , now called Barsolona . Then after he came into the North part of Spaine , now called Gal●…ia ; where he builded a citie called Brigance , now Compostella , where he reigned with Princely dignity , and instituted lawes , and named his people Scottes , after his wife Scota : for she had born vnto him two sonnes twinnes , HIBER and HEMICVS . He brought with him from Egypt the marble fatall chaire , which was transported to Ireland , and to Albion , now called Scotland ; wherein all their Kings were crowned , vntil the time of King Edward the first , who transported the whole ancient regall monuments of Scotland , with the marble fatall chaire to Westminster , where it remaineth to this day : The Scots shall brooke that Realme , as natiue ground , ( If words faile not ) where euer this chaire is found : Gathelus sitting in his marble chaire within this citie of Brigance , gouerned his people with Princelydignity peaceably , and instituted lawes . And seeing his people encrease with such great multitude , and not willing to violate the bande , made with the old inhabitants , being informed by diuers expert explorators , that there was an Isle opposite to Spaine on the North , with a rude people inhabited , hauing no lawes nor manners . Therefore he brought all the shippes he could get with expedition to the next Sea port , with sufficient prouision , with Hiber and Hemicus , accompanied with valiant warriours , and ordeyned Hiber to be Admirall to passe the said Isle , which they obeyed : & hoisting sayles with fortunate windes , arriued the fift day after in the said Island . Immediately landing , their people then pitched their Tents on the next trenches . The rude inhabitants amazed at the arriuing and landing of such a multitude of warriours , fledde with their cattell and goods into their Cauernes . Hiber commaunding certaine of his warriours to passe forth ; and if the inhabitants would bee willingly subdued , no slaughter to be committed vpon them . The inhabitants being brought as prisoners to the Admirall , and seeing him mercifull , rendred themselues and their goods : and he receiued them with such beneuolence , that he suffered the olde inhabitants to encrease with his people , vnder one name and lawe , and called the land Hibernia , now Ireland . Hiber returning into Spaine , left his brother Himecus with a strong garrison of valiant warriours , with wiues and children to inhabite the land , and to holde the same vnder obedience and subiection . At his returne into Spain his father being deceased , he succeeded King , and augmented his Empire , and conquered sundry lands from the Spaniards , hauing with him at all times a strong guard of valiant men . By his puissance and ch●…alrie he subdued the people in such manner , that he was holden in great estimation and reuerence , that they were constrayned to seeke his peace ; the land being named after Hiber , Hiberia : the Scots and olde inhabitants grew vnder one name and bloud with such tender and friendly beneuolence ( not remembring of old iniuries ) each one willing to defend his neighbour ( as well in peace as warres ) as his brother or father . Of Hiber descended by long progression , a great posterity lineally succeeding , amongst whom were many noble and famous Kings ; howbeit the whole number of them are not extant . HIMECVS gouerned Ireland in great felicity iustice , and tranquility , both the Scots and the olde inhabitants during his life time . Immediatly after his decease , arose an odious controuersie betweene the Scottes and the olde inhabitants for the gouernement , euery nation contending to haue a gouernour of their owne blood , which contention enduring long time , at last they created two Gouernors , betweene whom was continuall battels and great slaughter on eyther side , through ambition and burning desire to be sole Gouernor of all Ireland . After long and dangerous battels , the two people broken with sundry displeasures , were constrained to take peace ; howbeit the same endured but a short time , each one of them pursuing other with battell ; and yet they dwelt many yeares together , by enterchange of peace and warres , while at the last the Scots suffering many iniuries , sent their Embassador to METELLIVS , who was then King of the Scottes in Spaine , desiring to haue support against the old inhabitants of Ireland , declaring them to be a rude wilde people , impatient to suffer any Empire aboue them ; So that the Scots can haue no tranquility , vnlesse the said people were the more speedily tamed and subdued . This foresaid message was the more acceptable to the King Metellius : for it concerned the Common-wealth both of the Scots nation in Spaine and Ireland , descending ( by long progression ) of our lineage and blood , and willingly satisfying the aforesaid Ambassadours request , trusting the same to be no lesse honour and glory to himselfe as profite to his friends . Therefore the King sent his three sonnes HERMONEVS , PTOLOMEVS , and HIBERT with a great Armie of valiant men into Ireland , where they with right dangerous battels vanquished the olde inhabitants , and brought them vnder subiection . Hermonens returning into Spaine , left his two brethren to gouerne the land , who gouerned the same long time after in great tranquility and iustice , ins●…ituting lawes , and instructed the Priests to make insence and sacrifice in the same manner as the Egyptians vsed : so both the people encreased many yeares in great felicity , peace and riches during the Gouernement of Ptolomeus and Hibert , and long after their decease . But too great prosperity engendreth euill maners , and causeth men to worke often displeasures vpon themselues , finding no forraigne enemies to inuade them at home . The people after long peace were diuided for the gouernement , contending for the same with great rigour and slaughter on both sides , vntill the one had almost vtterly destroyed the other , if they had not been reconciled by a noble man , named Thanaus , principall Ambassadour , sent by the King , then raigning ouer the Scots in Spaine ( reioycing of the felicity succeeding to his friends ) and to cause them by his prudent consultation , to encrease together vnder one minde . Thanaus being a prudent man , bearing nuturall affection to both the parties , perswading them at sundry conuentions to remoue all contention , and to elect one ( whom they thought most expedient ) to be their King , and to be obedient to him in all their gouernment . Through this perswasion the whole people had such feruent desire to haue one King , that all olde iniuries being forgotten , they appointed Thanaus to elect a King , whom he thought most expedient ) and hee seeing their mindes willing to haue a nuturall King , declaring to them that there is in Spaine a noble Prince of great seuerity and iustice , named SIMON BREK , well accustomed with your lawes , and lineally descended from the ancient King Metellius , whom he thought most fittest to be their King. The whole people hearing the name of SIMON BREK , were well content to haue him their King , because that name was esteemed very fortunate in those dayes . Then after with consent of the whole people , Ambassadours were sent into Spaine , to request the said Simon to come into Ireland , to be their King. Hee knowing by graue aduisement the intent of the Ambassadours , prouid●…d a great Fleete of Ships with all things necessary , and finally by prosperous windes arriued in Ireland , where hee was solemnly receiued , and crowned in the chaire of Marble , which he brought out of Spaine , esteemed as a most rich jewel in those dayes ; from the beginning of the world 3314. From the floud of Noah 1658. From the building of Rome 102. Before the birth of Christ 651. He reigned with great felicity peaceably forty yeares , being specially counsailed by the aforesaid Thanaus , to whom he gaue sundry lands , lying in the South part of Ireland , beside the riuer Birsus , which lands are now called Dowdall , where hee dwelt with the people he brought with him out of the famous citie Brigance , now called Compostella . They were called Brigandes ; of whom after by processe of time descended many valiant and noble men , who came with Fergusius the first King in Scotland , by whom al the lands now called Galloway , were then called Brigance , whose inhabitants were euer full of manhood and strongest enemies against Romanes , Britaines , and Pickes : Simon deceased , his sonne FANDVF succeeded King : after Fanduf succeeded ETHION : after Ethion succeeded GLAVCVS : after Glaucus succeeded NATHASIL : after Nathasil succeeded Rothesay . ROTHESAY was the first King that brought Scots with him into Albion . The first Isle that he inhabited he called after his owne name Rothesay , the remanent Isles were called Hebredes : after Hiber the eldest sonne of Gathelus . Rothesay hearing the death of his father Nathasil , returned into Ireland , and was there crowned King. The yeare that Scots were brought out of Ireland into Albion , was from the Empire of Simon Brek in Ireland 216. yeares : from the beginning of the world 3530. The Scots spread in sundry parts of Albion , lying farre North , and inhabited many Isles . The first part that they tooke possession of was named Ardgael , from Gathelus , which now is called Ardgile . They being diuided into sundry Tribes , elected certaine Captaines to euery Tribe , to gouerne them both in peace and warre , hauing the name of their Captaine in great reuerence , swearing by their names ; which custome was long obserued in those Isles and the high lands . Then after about 150. yeares , a banished people named Pickes , came forth of Denmarke to search a dwelling place , and after they were inhibited to land in Fraunce , Britaine , and Ireland . They landed in Albion , first in Orknay , of olde called the olde Realme of the Pickes . The Seas betweene Orknay and Caithnes is called Pentland Firth , & the lands now called Loutheane ( was of old called Pentland ) after the name of the Pickes . Then after they came into Caithnes , Ros , Murray , Merms , Angus , Fiffe and Loutheaue , and expelled all the olde inhabitants . They were a Ciuill people right ingenuous andcrafty both in peace and warres . After their planting in the aforesaid parts , they elected a King to gouerne them , and hold them in iustice , and made great policy in building of munitions , townes , and Castles . And because they knew all people , without issue to succeede , should perish , they sent their Ambassadours to the Scots , to haue their daughters in marriage , shewing ( though they were of strange blood ) they should not be so smally regarded , seeing they with no lesse prudence then manhood haue sustained incredible dangers both by Sea and land . And now lately conquered ( through the beneuolence of the Gods ) right plenteous lands with such peace and tranquility , that no other people may claime them by reason : Trusting surely ( if the Gods support them ) by their owne industry to be equall to any their neighbors , both in peace and warre . Further if the Scots condescended to their honourable desires , it might be they encreasing together ( so strong vnder one bloud ) that they might resist the fury of their enemies the better , when it hapned them to be inuaded . This Ambassage was not pleasant to the Scots at the first , thinking it vnworthy to haue any society or marriage with an vnknowne and banished people : but by graue aduisement , and being profoundly resolued , and finding themselues as yet not able to resist the force of the Britaine 's their olde enemies , they determined to giue their daughters to the Pickes in marriage , and to haue a band of peace with them , with conditions that euery one of them shall enioy the lands which perteyned vnto them before the marriage , and to concurre together with their whole puissance , as oft as they were inuaded by enemies . Any that did offence to any of them should be reputed as enemy to them both . And as often as the Crowne of the Pictes should come in question for lacke of an heire , the King to be elected of the neerest of the womans bloud . These conditions accepted on all sides , the Scots gaue their daughters in marriage to the Pictes . The Britaines suspecting this marriage , and dreading the encreasing of this confederate people vnder one bloud in short time , that neyther might the Britaines for the time present , nor their posterity resist the puissance of these two vnited people . Therfore being minded to destroy them both , and to inuade them with fraudulent sleights , rather then with any force of battell . And sending their Ambassadorus to the Pictes , allured the Pictes to violate their band with the Scots . By great perswasion & crafty dealing of the Britains , the band was dissolued ; & mouing occasion of battel against the Scots , commāded by general edict , no Scots to be found in their boūds at a prefixed day , vnder paine of death . The day being expired , all Scots within their bounds were killed without mercy , as breakers of their lawes . The Scots impatient to sustai●…e such iniuries , killed as many of the Pictes ; so there followed continuall killing and murder on all sides , not regarding affinity , bloud , time , nor pl●…ce . In this manner the peace dissolued , the Pictes denounced battell to the Scots : then after followed continuall incursions and inuasions on eyther parties . The Scots assembling in Ardgiel , were sufficiently resolued , that the battell that they were to holde , was not onely against the Pictes , but also against the Britaines . Therefore it was agreed , to send their Ambassadors to their ancient progenitors and friends in Ireland , to haue their support and counsaile in this most dangerous matter , and for that plurality of Captaines ( as often occurreth ) raiseth sedition : the best is to elect one to haue Empire aboue the rest , by whose manhood and counsaile , they might defend their liues and liberties , against a false and periured people , inuading them without any occasion . The Ambassadours being directed to Ireland , complained of the wicked offence done by the Pictes , and desired support . FERQVHARDVS ( then being King of the Scots in Ireland ) greatly moued for the displeasure done to his friends in Albion , sent his sonne . FERGVSIVS a wise and valiant Prince , with many valiant souldiers , and to giue them the more esperance , and assurance of permanent and good fortune , hee sent with them the fatall Marble chaire . Fergusius was the more pleasantly receiued by the Scots of Albion , because their Common-wealth approched to great danger , by a most perillous apparant battell . Then after a Councell was called in Ardgiel , where Fergusius made a large Oration , and acceptable Speech . Therefore by graue consultation , they condiscended to be gouerned by Empire of one King , as well in peace as in any trouble appearing against their enemies . Furthermore to remoue all suspition of hatred ( because euery Tribe desired , a King of their owne linage ) they elected Fergusius , both for his noble bloud , and other his excellent vertues , to be their King : moreouer he was so approued in martiall deedes and iustice , that no Captaine of the Tribes might be any wayes compared vnto him . FERGVSIVS the first King of Scots ( in Albion , now called Scotland ) sonne to Ferquhard King of Ireland , was crowned in the fatall Marble Chaire , which hee brought with him ( by respons of the Gods ) to establish his reigne in Scotland . The yeare from the creation of the world 3641. Before the comming of Christ 330. In the first yeare of the 112. Olimpiade . In the 421. yeare after the building of Rome , about the beginning of the third Monarchy . When Alexander the great vanquished Darius the last Monarch of Persia , in the reigne of Chimarus King of Britaine , the King employed his whole minde to resist the iniury of this battell , moued by the Pictes ; hee calling all the Captains , ordeyned them to be prepared with forty dayes prouision . To passe with him , he made an greement and concord amongst all his Nobles and Captaines , commanding his people to be obedient to their Captaines , hee making sacrifice to his Gods ( as the custome was ) praying the Gods to take vengeance of the partie that was the first occasion of battell against other , and to graunt him such felicity in his iust defence ; that victory might succeed to him without any great damage of his people . The Picts assembled an army , wich many Britaines concurring to their support , appear'd on eyther side a wicked & vnnatural battel between two confederate people , friends , fathers and sonnes . The Pictes came first i●…o the Scots lands ; against whom with no lesse courage then manhood , the King with his valiant Scots , with auncient armes displayed in forme of a Banner , in which was a ●…dde Lion Rampant in a fielde of golde , whilst the Scots and Pictes were in array in each others fight : the armie of Britaines stood in array also , deuising what way they might destroy them both , with f●…me purpose when the Scots and Pcties were vanquished , the one by the other , that the party victorious should vtterly bee destroyed by their fresh army : and when both these peoples were destroyed by this fleight , the Britaines might enioy both their Realmes in Albion , without any impediment . This subtill sleight was discoured to King Fergusius by a banished Britaine , through which both the armies moued no lesse by feare of enemies , then by their own proper damage , prolonged the battell certaine dayes . King Fergusius desiring communication with the King of Picts , who willingly with some of his Nobles , had communication a long time together , after long conference , and deliberate consultation with their Counsellors on both parties , and ruefull crying of the Pictes wiues , being the Scottes daughters , peace was finally concluded , betweene the two confederate people , vnder these conditions , redresse of all iniuries , being made on all parties . The Britaines ( mouers of this battaile ) shall be reputed enemies to them both ; all other charges to be at the pleasure and will of the two Kings . And when any enemy occurred , that they and their people should conioine together , vnder one minde and ordinance . This peace being more strongly corroborate , the Kings returned home . King Fergusius in a most dangerous battell , assisted by the Pictes , vanquished the Britains , which time King Coyl or Chimarus ( vnwatily kept by his Nobles ) was killed in the land after his name then called Coyll , now Kyle in Scotland . After this victory the King called his whole Nobles and Subiects to a general conuention ; and hee making a large and plausible Oration and speech , the Nobles and Subiects condiscended and agreed , that King Fergusius and his posterity should possesse the Crowne of Scotland ; whereupon Charters and Euidences were graunted to him and his sucessors for euer . The Kingdome of Scotland being confirmed to King Fergusius , his heyres and successors , with deliberate counsell of his Nobles , he diuided the whole lands then inhabited by the Scots amongst his Nobles and Captaines of the Tribes by lots or cauils . The first lot chanced or fell vnto Cornath , Captaine and his Tribe ; the land of Caithnes , lying ouer against Orkeney , betweene Dum misbye and the riuer of Thane : Secondly to Captaine Lutorke the landes betweene the water of Thane & Nesse , now called ROS . This Lutorke came with a band of valiantmen , out of Ireland with King Fergusius into Albion . This land of Ros lyeth in breadth from Cromarte to the water of Lochtie . In this countrey was the famous Castle of Vrquhart , of which the ruinous walles remaine in great admiration : Thirdly , to Captaine Warroth , the lands lying betweene Spey and Neffe , from the Almaine to the Irish Seas , the people inhabitants of this part ( after their Captaine ) were called Wars , being seditious , they were expelled , and the Murrayes possessed that land , and called the same land Murray land : Fourthly , to Captaine Thalis the lands of Boyne , Aynie , Bogewall , Gariot , Formartyn , and Bowquhan . These landes were then called vnder one name , Thalia by the name of their Captaine : Fiftly , to Captaine Martach , all the lands of Marre , Badzenoth and Loth Quhabar . The sixth to Captaine Nouance , the landes of Lorne and Kyntier , with the high places and mountaines thereof , lying from Marre to the Irish Seas . The seauenth to Atholus the lands of Athole , for he was descended of the Scots of Spain , and came out of Spaine into Ireland , and with Fergusius he came into Scotland . The eight to Creones and Epidithes , two Captaines of the Tribes , the lands of Strabrawne and Braidawane , lying West from Dunkeld . The ninth to Captaine Argathelus , the lands of Ardgile , his people were named Argatheles from Gathelus their first progenitour ; but now they are called men of Ardgile . The tenth to Captaine Lolgonas , the lands of Leuenox and Cliddisdale . The eleuenth to Captaine Silurch , the lands of Siluria , which Region is now diuided into Kyle , Carrike , and Cunningham ; the inhabitants were right ingenuous and strong . The twelfth to the Brigandes , the lands of Brigance , now called Golloway . King Fergusius after the diuiding of these lands , he instituted lawes to represse vice ; he builded the Castle of Berigone in Longhquhaber . He past the remanent of his dayes in good peace with the Britaines and Pictes . At the last he was elected as Iudge arbitrall to discerne vpon certaine high Controuersies , chancing amongst his friends in Ireland . He accompanied with certaine of his Nobles , past into Ireland and pacified them of all matters , returning home , by a very dangerous tempest perished with all his Nobles that were in his company , vpon a rocke in the Sea , called after his name Craigfergus , the fiue and twentieth yeare of his raigne . In his raigne was Morindus King of Britaines , and Cruthneus Camelon King of Pictes , who builded vpon the water of Carron the Citie of Camelon , the principall and strongest Citie of the Pictes , which resisted the Romanes and Britaines , vntill that Kenneth King of Scotland ( who exiled the Pictes out of Albion ) brought it vnto vtter subuersion . This Cruthneus Camelon builded also the towne and Castle of Edinburgh , sometime called the mayden Castle ; for all the noble young women of the Pictes were nourished , and learned in all skilfull labour of their hands , vntill they were ready to marry . Fergusius departing this present life , as aforesaid a conuention was holden by the Nobles , for election of a King. After a long disputation and reasoning , it was concluded by plaine consent of Parliament , and enacted when it hapned their King to decease , and hauing heyres gotten of his body , being children ; the neerest of the Kings bloud , and fittest to doe iustice , shall possesse the Crowne for his time ; after his death , the Kings sonne shall succeed to the crown without impediment , if he were able thereto : by the same acte it was prohibited children to be Kings . This custome endured long time , which raised much discord in this Realme of Scotland ; for the fathers brother raigning in the minority of his Nephew , cast his chiefest busines to destroy him , and likewise the Nephew to the fathers brother for ambition of the Crowne , through which occurreth continuall killing of Kings and Nobles , to the great damage of the Realme and Common wealth . 2 FEZITHARIS brother to Fergusius , by the aforesaid act , began his raigne the yeare of the world 3666. before the comming of Christ 305. yeares , from the beginning of the raigne of Scotland 26. yeares : he was a good King and seuere Iusticer , and was willing to haue discharged himselfe of the Kingdome , in fauour of Ferlegus , eldest sonne to his brother Fergusius ; which his Nobles would not condiscend vnto , because of the Statute and acte of Parliament lately made , which continued vntill the time of the raigne of King KENETVS the third almost 1205. years : he was killed by the aforesaid Ferlegus the fifteenth yeare of his raigne . Ferlegus the murtherer , and all other participant with him being banished , were fugitiues among the Pictes , and finding no security of his life , he past into Britaine , where he spent the rest of his dayes in great miserie . 3 MAINVS King Fergusius second sonne , succeeded in the yeare of the world 3680. before Christ 291. after the beginning of the raigne 41. He was a noble King , a good Iusticiar ; for he exercised Iustice aires , for repressing of trespassors , and ratified the old league with Crinus King of Pictes , holding good peace with his confederates and Britaines . He died peaceably the nine and twentieth yeare of his raigne . 4 DORNADILLA succeeded his father Mainus in the yeare of the world 3709. before Christ 262. after the beginning of the raigne 70. Hee was a good King , and confirmed peace with the Pictes and Britaines , he delighting greatly in hunting , races and hounds , made certaine lawes profitable for hunting , which were obserued many yeares after : he died peaceably the eight and twentieth yeare of his raigne . 5. NOTHATVS succeeded his brother Dornadilla , ( whose sonne REVVTHER was a childe not able to gouerne by vertue of the aforesaid Statute ) the yeare of the world 3738. before Christ 233. after the beginning of the raigne 98. He was an auaritious cruell Tyrant : hee was killed by Dowall one of his Nobles , Captaine of the Brigandes , the twentieth yeare of his raigne . 6 REVTHERVS Dornadella his sonne succeeded the yeare of the world 3758. before Christ 213. after the raigne 118. He being young , ( assisted by Dowall ) raysed great contention by the perswasion of Ferquhart , Captaine of Kentire and Lorne ( cousen to Nothatus the tyrant late killed ) a man of subtill wit , and hauing great ambition to the Crowne . Betweene the aforesaid parties there was cruell warres : Ferquhart being fugitiue in Ireland returned being assisted with many Irish men , with the inhabitants of Kyntire , Lorne , Ardgile , Caithnes , Murray , and with a great armie . Dowall res●…ing , came with a great power ( accompanied with the young King and the King of Pictes ) and many other his friends ; there was a cruell battell and killing of Chiefetaines and Nobles on both parties . The King of Pictes with many of his Nobles pittifully killed Reutherus , the young King pursued and taken at the Castle of Calender . By this vnhappy battell was such terrible slaughter , that neither Scots nor Pictes were left liuing sufficient to inhabite their Realmes , nor to withstand their enemies . Afterwards the Scots and Pictes were most cruelly inuaded by the Britaines , and a great multitude killed , the rest exiled . King Reutherus and his people past into Ireland , and the Pictes past into Orkney . King Reutherus returning from Ireland , and the Pictes with their King Gethus returning from Orkney , they gaue battell to the King of Britaines , and obtayning victory by the high and soueraigne manhood , and valiantnesse of the foresaid King Reuthorus , the Britaines rendred all the forts , landes , and townes pertayning to the Scots and Pictes , with faithfull promise neuer to inuade them in time comming . This peace being concluded , the Scots , Pictes and Britaines continued in great tranquility many yeares after : the King enduring the rest of his dayes , had good peace , and died the sixe and twentieth yeare of his raigne . 7 RHEVDA succeeded his brother Reutherus in the yeare of the world 3784. before Christ 187. after the beginning of the raigne 144. He was a good King , he caused sepultures to be made for noble & valiant men : he brought artificers into his Realme , and instituted sundry good lawes . In his time came certaine Orators , Philosophers from King Ptolomeus of Egypt , who were pleasantly receiued and well entertained , because they were descended of the Egyptians his auncient forefathers . These Orators did write and consider the situation of the hilles , mountaines , vallies , riuers , lockes , frithes , Isles , townes , and forts within the Realme of Scotland , and the lands thereto pertayning , as also to the Pictes . He raigned peaceably sixteene yeares , and resigned the crowne to THEREVS , sonne to King Reutherus . 8 THEREVS Reutherus sonne succeeded in the yeare of the world 3799. before Christ 171. after the raign 158. He appeared in the first sixe monethes to be a vertuous Prince ; but after he became an vnwise cruell tyrant . Therefore being degraded of all honor , he was exiled . And Conan Captaine of the Brigandes elected to be gouernor , who gouerned the Realme peaceably during the exile of Thereus , who died in the Citie of Yorke in misery the twelfth yeare of his raigne . 9 IOSINA succeeded his brother Thereus the yeare of the world 3810. before Christ 161. after the raigne 170. He was a peaceable and good King , ratifying peace with his confederates the Pictes , and also with the Britaines : he was a good Medecinar and Herbestar . In his time were brought to his presence in Berigone . Two venerable Philosophers , pleasant of visage almost naked , being Priests of Spaine , passing from Portingall to Athens , and by vnmercifull tempest , were Ship-broken at Ros , their shippe and company with Marriners all perished , they onely saued . After refreshing and good entertainment , the King desired and demaunded of them , what they vnderstood by their science of the nature of the ground of Scotland , after good and deliberate aduisement ( so farre as they might coniecture ) there was more riches and profite to be gotten within the veynes of the earth of Scotland then aboue ; for it was giuen more to the winning of Mines and mettals then any production of corne . They knew this by the influence of the heauens . Also they learned the people to worship onely God the Creator , prohibiting them to make sacrifice ( as their custome then was ) to Isis and Apis , the Gods of the Egyptians , but only to make their sacrifice , prayers , and adoration in their Temples ( without any imagery ) to the eternall God , creator of heauen and earth , which the people for the most part obserued long time . King Iosina being a vertuous Prince died in peace the foure and twentieth yeare of his raigne , and buried at Berigone . 10 FINNANVS succeeded his father Iosina the yeare of the world 3834. before Christ 137. after the raigne 194. a wise and vertuous King , a good Iusticiar , with aduice of his Nobles , rewarding them honourably after their deseruings , winning the hearts of his people , ruled with great felicity , encreasing in riches : hee did institute Prelates and Clerkes to be in the Isle of man , instructing Noble mens children in their youth . This vertuous King married his sonne Durstius with Agafia , daughter to the King of Britaines : he wan great fauour among them ; he visited the King of Pictes , who was vexed with a vehement feuer in Camelon : he died there the thirtieth yeare of his raigne , and was brought to Berigone , and there buried among the Sepultures of his progenitors . 12 DVRSTIVS succeeded his father Finnanus the yeare of the world 3864. before Christ 107. from the beginning of the raigne 224. a cruell and traytercus tyrant , killed in battell by his Nobles the ninth yeare of his raigne . 12 EVENVS primus succeeded his brother Durstius the yeare of the world 3873. before Christ 98. after the raigne 133. a wise , iust , and vertuous King. He was the first that caused his Nobles and subiects to giue their oath of fidelity ; he executed iustice seuerely in all the partes of his Realme . At length there came Ambassadours from the Pictes , shewing that the Britaine 's were in armour , purposing to besiege their Citie Camelon : the King to assist his confederate friends , came with expedition against the Britains , Scots and Pictes , went forward with great courage : the Britaines with no lesse audacity on the other part , followeth a very dangerous battell , with vncertaine victory , vntill the night seuered them . The confederate Kings seeing their armie broken , retired in the night . The Britaines so broken , and dispayring of new support retired in the same manner as discomfited people ; their Campe standing with their carriage . The confederate people aduertised hereof , returned and parted the spoyle by custom of armes . The King returned to Berigone , rewarded their friends that were slaine in the said battel , and others promoted to publike offices , some with riches and goods : and the rest of his dayes he was a seuere Iusticiar , and died in peace the nineteenth yeare of his raigne ; buried in Dunstaffage . 13 GILLVS bastard , sonne to Euenus , vsurped the crown , and trayterously killed two sonns of Durstius , contending for the crowne in the yeare of the world 3892. before Christ 79. after the raigne 252. A crafty tyrant , killed in battell by Cadellus Captaine of the Brigandes ; the second yeare of his raigne his head cut off , his body buried in Dunstaffage . 14 EVENVS secundus , Donallus sonne , King Finnan●…s brother , succeeded in the yeare of the world 3894. before Christ 77. after the beginning of the raigne of Scotland 254. A good Iusticiar , ciuill , vertuous and peaceable King. Cadallus after the killing of Gillus , returning out of Ireland with his victorious army , by rage of Tempest were almost all perished ; Cadallus was truely rewarded with many landes by the King , and comforted by him concerning his great losse of Nobles and friends . King Euenus marrying Siora daughter of Gethus , King of Pictes , confirmed the olde band . After that hee vanquished Balus King of Orkney , who finding no way to escape , killed himselfe : hee builded Innerlothy and Innernes : hee resigned the crowne to Ederus , giuing him wise and good counsaile : he died in peace the seuenteenth yeare of his raign , buried in Dunstaffage . 15 EDERVS Durstius sonne●… , succeeded in the yeare of the world 3911. before Christ 60. after the raigne 271. a wise , valiant , and good King. Bredus of the Isles ( cousen to Gillus , killed as is before mentioned ) made insurrection . Shortly after the King pursuing him and his associates , they were all taken captiues , and many with the said Bredus killed . Cassibilian King of Britaines , sent his Ambassadours to the King of Scots , desiring support against Iulius Caesar the Romane Emperour , who was ready with most dreadfull Ordinance to come into Albion . The King and Nobles receiuing the Ambassadours courteously , Androgeus speciall . Ambassadour , after a large and serious Oration , the King and Nobles being aduised , sent vnto London tenne thousand chosen men , vnder the conduct and gouernment of Cadallan and Dowall , Captaines of the Brigandes and Lorne . Also an army of Pictes came at the request of King Ederus . The Britaines were raised in great esperance of victory by the aide of Scots and Pictes ; for they had no little confidence in their manhood and chiualry : King Cassibilian went forward with his whole power , against the Romanes there ensued a dangerous and doubtfull battell ; at the last the Romanes were fugitiue , and being minded to renew the battell , Iulius ( hearing of the great destruction of his Ships ) changed his minde , hoisted sayles in the night , and returned into Fraunce , leauing behinde them a great prey of goods , when Iulius Caesar was forced to auoide Albion . The Britaines , Scots and Pictes parted the spoyle gotten in his Campe by custome of armes , reioycing of this glorious victory . Cadallane and Dowall , richly rewarded by Cassibilian , returned with the Scots army ; at whose comming the King was greatly reioyced ; then followed such loue and kindenesse betweene the Britaines , Scots and Pictes , that it appeared them to liue in perpetuall peace . The King passing to Innernes , was certainly enformed by sundry Merchants strangers , that Iulius had pacified Fraunce to his Empire , and making prouision for a new armie , to returne into Britaine , to reuenge the iniuries done vnto him the last yeare , he sends his Ambassadours to Cassibilian , promising ( if he pleased ) to send ten thousand chosen men vnto his aide and support . The Britaines ( moued with vaine arrogancy ) refused to haue any supply of Scots or Pictes : Iulius returning into Britaine , was three sundry times put backe , but at the last Cassibilian was vanquished , and his whole valiant Captaines taken or killed , and his lands made to pay three thousand pound of siluer to the Romanes for tribute . Iulius sendeth his Ambassadours to the Scots and Pictes , offering them conditions of peace two seuerall times . They were resolute to remaine free , not to be subiect , and refusing all conditions of peace , were willing to defend their liues and liberties . Iulius being minded to inuade the Scots and Pictes , was aduertised of a suddaine vprore in Fraunce ; for which cause he passed into Fraunce : Murket Gildus nephew made insurrection against the King. Therefore he sent Cadallane with armed men , who hanged Murket with his complices . The King continued in good peace the rest of his dayes ; hee died peaceably the forty eight yeare of his raigne : buried in Dunstaffage . 16 EVENVS tertius succeeded his father Ederus , the yeare of the world 3959. before Christ 12. after the raigne 319. He was a luxurious , auaritious tyrant , retayning a hundred Concubines , and not being saciate with them , he was taken in a battell captiue , and imprisoned , and was killed by a yong childe the first night , the childe was executed on the morrow , the seuenth yeare of his raigne , buried at Dunstaffage . 17 METELIANVS Ederus brothers son , succeeded the yeare of the world 3966. before the comming of Christ 4. years ; after the beginning of the raigne of Scotland 326. A very modest , ciuill and good King , peace being vniuersally at the birth of our Sauiour Christ. The Romane Emperour Augustus sent his Ambassadours into Britaine , requesting the Britains to continue peace , with whom the King sent manyrich jewels to Augustꝰ to be offered in their Capitoll : he wan sure amity of them , which endured long . In this time were in Rome V●…rgil , Horace , O●…d , Tullius , Marcus Varro , Straba , Titus , Liuius Salustius , with many other learned men : he died peaceably the nine and thirtieth yeare , of his raigne ; buried in Dunstaffage . 18 CARATACVS Metellanus Sisters sonne succeeded in the yeare of the world 4005. in the yeare of Christ 35. after the beginning of the raigne of Scotland 365. He enioying the great treasure and riches , left by King Metellanus , exceeded all the Kings in Albion in riches , being wise and valiant , pacifying his Realme from all vprore and rebellion , specially in the Isles , and executing seuere iustice . The Britaine 's at this time rebelling against the Romanes , sent their Ambassadors to Caratacus , desiring support against the Romanes , he first reproching them for their wilfull refusall . The Scots offering them support , wisely counselling them to solicite the Normanes , Picards , Barteners and all them on the Sea coast , to rebell against them , and to kill the Souldiers , promising assistance of the Kings of Albion , with money and valiant warriours , both by Sea and land . The Romanes shortly inuading the Britaines in a dangerous battell vanquished them , and killed their King Claudius Emperour : and Vespasian comming into Britaine subdued them againe , and passing into Orkney subdued the same , and brought Ganus King of Orkney his wife and children in his triumph to Rome . The Britaines comming to Yorke , made new insurrection , assisted by Caratacus King of Scots , and Congestus King of Pictes , against whom Plancius Romane Gouernour , and Aruiragus then King of Britaines came with a great Armic . Caratacus being elected Generall , there followed a cruell and dangerous battell , with vncertaine victory vntill the night separated them on either parties : Plancius on the morrow seeing his great losse , specially of his horsemen , returned to London , and Caratacus returned to Yorke : the next yeare Vespasian with many legions of Romanes were sent into Britaine . Aruiragus assisting with the rest of the Britains , conuened at Yorke threescore and fiue thousand chosen men . The consederate Kings came with threescore thousand valiant warriours : there was a terrible and cruell battell . The Albions ( notwithstanding their great valiantnesse , were discomfited by the prudent gouernement of Vespasian , the King of Pictes killed , the whole Britaines being killed except sixe hundred with their King. Caratacus returned with a few number to Brigance . Vespasian wintered in Yorke , and in the Spring besieged and wanne Camelon , wherein was found many rich monuments and jewels , with a precious crowne of gold , set about with many precious stones of diuers colours , with a sword with hilts of golde , which Uespasian vsed in all his warres , hee remayning in Camelon . Cara●…s assembled a new armie , against whom Plancius was sent with a great armie ; a cruell battell ensued . The victory at last succeeded to the Romanes . The rest of the Scots ( that escaped this sorrowfull battell ) were fugitiue to the mountaines . King Caratacus sore wounded , was brought with great difficulty to Dunstaffage . Vespasian sending his messengers to Caratacus , promising ( if he would be obedient to the Romane Empire ) that he should remaine in honours , and be reputed and holden as a friend to the Senate , and people of Rome ; who answered that the Kingdome of Scotland was as free to him as the Kingdome of Romanes was to Caesar. Vespasian returning to Rome Caratacus assembling a new army ; the Romanes encountering him with a great multitude , there followed a cruel and terrible battel , long with vncertaine victory ; at the last the Romanes obteyned victory . Caratacus returned to Dunstaffage . Plancius dying at Camelon , Ostorius Scapula was sent by the Emperor in his place , who after sundry rebellions of the Britaine 's conquered them , he came within the bounds of Scotland . Caratacus gathered a new armie of forty thousand valiant men ; there ensued a dangerous and terrible battell , the victory succeding at last to the Romans . Caratacus wife , his daughter and brother were taken , himselfe returning to Cartamunda his step-mother , Queene of Scots ( in whom he trusted ) but vnworthily he was by her betrayed , and rendered to the Romanes . King Caratacus was sent with his wife , daughter and brother to Rome , where he was greatly admired , and honourably of the Emperour entertayned , and remitted freely with his Queene , daughter , and brother to returne home , restoring all his lands againe , he remayning the rest of his daies in good peace , died the twentieth yeare of his raigne , and buried in Dunstaffage . 19 CORBREDVS primus , succeeded his brother Caratacus in the yeare of the world 4025. in the yeare of Christ 55 after the raigne 385. a wife King and good Iusticiar . He conuented his Nobles , and tooke counsaile of Venisius , the husband of Cartamunda his step-mother , Queene of Scots , who by erafty sleights had taken the aforesaid Venisius her husband , and sundry of his friends , and deteyned them prisoners , purposing to render them into the Romanes hands . The King impatient thereof , came and relieued them , commaunding her to be buried quicke : after a cruell battell betweene the Romanes and the Scots and Pictes , peace was concluded . The Romanes shall possesse the lands of Britaine by them conquered , without inuading of Scots or Pictes , then after by commaund of Nero . Veraneus was sent into Britaine , who shortly died , Woada , sister to Corbredus Queene of Britaine , sent to her brother , complayning of her miserie & trouble , her daughters deflowred , her selfe shamefully beaten by vnmercifull Romanes . Corbredus moued herewith , renued the band with the Pictes , and they raysing a great armie , killed all the Romanes they might apprehend , and wanne in their iourney Barwicke , being then the most populous towne of that Region . In this time there came a people called Murrayes out of Almaine , with their Captain Rodrik , put forth and expelled out of their natiue land , being inhibited to land in France and Britain , arriued in Forth between Louthiane and Fiffe . They were sworne enemies to the Romanes , reioycing greatly that they might haue occasion to be reuenged vpon their enemies ; requesting the confederate Kings to suffer them to passe formost , in support of their people ; and ( if it chanced the Romanes to be vanquished ) to graunt them wiues that they might encrease vnder one bloud with the Scots . Their conditions were graunted to the Murrayes . The confederate King with the Murrayes went forwards , and ioyning with the valiant Queene of Britaines Woada , who reioycing of her brother King Corbredus and the King of Picts comming , after an Oration and comfottable Speech made by her : proffering her with fiue thousand Ladies , armed to passe in the front of the battell , against the vnmercifull and shamefull deflowrers of Virgins and Matrons , the cruell Romanes . The confederate Kings allowing her courage , past forwards , Cattus the Romane Gouernor with arrayed armes came to resist them : there followed a sharpe battell : the horsemen of the Romanes being vanquisht , the rest were fugitiue with Cattus , sore wounded escaped and returned into Fraunce . The Albions departed the spoyle and riches of this field amongst them , and killed the Romanes in all parts where they might apprehend them : in this battell were killed threescore and ten thousand Romanes , and thirty thousand Albions , had not Swetonius Romane Legate come hastily into Britaine , with two legions and ten thousand warriours of sundry Nations , the Albions had beene perpetually deliuered of the Romanes : Woada the Queene hearing of the new armie of Romanes , assembled a new and great armie of Britaines , Scots and Pictes , and Murrayes ; there followed a bloudy and terrible battell . At last the Albions being vanquished , fourescore thousand killed : the Murrayes almost killed with their Captaine Roderik , Woada killed her selfe , to escape the iniury of the Romanes ; her two daughters were taken and brought armed to Swetonius . The eldest daughter was married vnto a noble Romane named Marius , who after was by command of Caesar made King of Britaines . Corbredus broken with this sorrowfull battell , returned with the rest of his armie into Scotland , and gaue to the rest of the Murrayes ( that escaped out of the field ) all the lands betweene Spey and Innernes , which lands were called after them Murray land : for the olde inhabitants being seditious and troublesome were partly expelled . The Murrayes were then marryed vnto Scottish Virgins , and remained vnder one bloud & friendship . Corbredus the King continued the rest of his daies in peace , and died the eighteenth yeare of his raigne : buried in Dunstaffage . 20 DARDANVS nephew to Metellanus succeeded , being a lusty person , faire of visage and body : hee was welbeloued of the people , in the yeare of the world 4042. the yeare of Christ 72. after the raigne 402. He appeared in the beginning to be a good King ; but being within three yeares degenerate , became an odious tyrant , and would haue trayterously caused to be slaine , the two sonnes of Corbredus remayning in the Isle of Man vnder discipline . This Tyrant at last was killed in battell , and beheaded by his Nobles the fourth yeare of his raigne , without buriall . 21 CORBREDVS secundus , surnamed Galdus , Corbredus primus son succeeded , an excellent person , endowed with sundry vertues and high prerogatiues , in the yeare of the world 4046. the yeare of Christ 76. after the beginning of the raigne 406. a valiant and couragious King. He renewed many battels against the Romanes , and was often victorious : at this time arriued in Forth a company of Almaines , named Vs●…pians , banished out of their natiue land ; for killing of a Romane Captaine and his band , they were pleasantly receiued , and ordayned certain lands to be inhabited by them , beside the Murrayes , for they were of one bloud . Agricola remayning in Britaine eight yeares with his Romanes , had sundry victories against the Scots and Picts . Domitian the Emperour , enuying Agricolaes prosperous estate in Britaine , sent hastily letters for him ; at whose comming to Rome he was poysoned by commaund of the said Domitian . GVENVS TABELLIVS was made Gouernor of Britaine , dissention engendred among the Romanes for the gouernement . King Corbredus surnamed Galdus ( being by his explorators ) aduertised hereof , came with a new armie of Scots and Pictes against the Romanes : and finally their Captain with many Romans were killed . The Scots with the Picts following the whole day ; and killing them where they might apprehend them . The King assembling the Scottes and Pictes , parted the rich spoyle of their enemies amongst them as they had deserued . Afterward the Scots and Pictes pursued cruelly in all parts the Romanes . The Romanes conuenting them , elected Chelius to be their Gouernour , there followed a most dangerous battell , at last the Romanes were vanquished and pursued with continuall killing vnto Calidon wood . The confederate Kings came with their armies into Brigance : the Romanes assembled themselues in most fearefull ordinance , a company of Britaines ( sent by Marius their King , in support of the Romanes ) came to the confederate Kings . There followed a terrible and bloudy battell , the Romanes being vanquished and compelled to retire to their Tents with great killing of them , defended their Tents with great manhood , vntill the night approched . The Scots were vigilant all night , and attending that their enemies should not escape ; others were making Engines to breake downe their Tents , and Trenches . The Romanes seeing so great preparation against them , and no way to escape the danger , sent their Orators to the confederate Kings , most humbly entreating peace , on what conditions pleased them . After long consultation , peace was graunted . The Romanes to passe and render all lands , forts and munitions pertayning to Scots and Pictes , with all the goods taken violently from them during the warres , and to remaine their friends at all times after . After this most valiant King Corbredus Galdus , came to Epiake the principall Citie then of Scotland . The rest of his dayes he continued in peace , exercising seuere Iustice : he died peaceably the fiue and thirtieth yeare of his raigne : buried in Dunstaffage . 22 LVCTACVS succeeded his father Corbredus Galdus in the yeare of the world 4080. in the yeare of Christ 110. after the raigne 440. an odious and cruel tyrant , killed by his Nobles the third yeare of his raigne : buried in Dunstaffage . 23 MOGALDVS Corbredus secundus sisters sonne , succeeded the yeare of the world 4083. the yeare of Christ 113. after the raigne 443. a good King and victorious in the beginning of his raigne , gouerning his people with great iustice , and obtayned a great victory against Lucius and his Romanes , by the assistance of the Pictes in Westmerland and Camber ; obteyning a rich spoyle of the Romanes , which they parted by law of armes . Afterwards the King did degenerate into a cruell tyrant . In his time Adrian the Emperour came into Britaine , and builded the wall of Adrian , deuiding the Britaines from the Scottes and Pictes a great wall made of fewell , and earth , and turues , from the mouth of Tyne , ouer against the Almaine Seas , to the floud of Eske , at the Irish Seas fourescore miles in length : he was killed by his Nobles for his tyrannie and odious life the thirty sixt yeare of his raigne : buried at Dunstaffage . 24 CONARVS succeeded his father Mogaldus the yeare of the world 4119. the yeare of Christ 149. after the raigne 479. a cruell tyrant , degraded and imprisoned by his Nobles ( and Ardgadus Captaine of Ardgile , made Gouernour , a good and seuere Iusticiar ) he died in prison the foureteenth yeare of his raigne : buried in Dunsstaffage . 25 ETHODIVS primus Mogaldus sisters sonne , succeeded the yeare of the world 4133. the yeare of Christ 163. after the raigne 493. a good Iusticiar , who holding sundry battels against the Romane Captaines Victorine Trebellius and Pertinax , neere the wall of Adrian , & ministring good iustice , oppressing rebels , was trayterously killed by an Harper ( whom he trusted ) the three and thirtieth yeare of his raigne ; buried in Dunstaffage . This Harper was most cruelly executed . 26 SATRAEL Ethodius primus succeeded the yeare of the world 4165. the yeare of Christ 195. after the raigne 525. a cruell tyrant : he was slaine by one of his Courtiers the fourth yeare of his raigne : buried in Dunstaffage . 27 DONALDVS primus , firstChristian King of Scotland , succeeded his brother Satrael , in the yeare of the world 4169. in the yeare of Christ 199. from the beginning of the raigne of Scotland 529. a good and religious King ( in his time Seuerus the Emperour came into Britaine ) after many incursions made by the Scots and Pictes , in abolishing the wall of Adrian . Anthonius Seuerus sonne gouerned Britaine , and builded and repaired the wall of Adrian strongly with Towers Seuerus dying . Anthonius killing his brother Getus , was Emperour . He was the first that coined money of golde and siluer , and imbraced the Christian faith : he died in peace the eighteenth yeare of his raigne ; buried in Dunstaffage . 28 ETHODIVS secundus Ethodius 1. sonne , succeeded in the yeare of the world 4186. the yeare of Christ 216. after the raigne 546. anvnwise and base minded King : the Realme prudently gouerned by his Nobles , he was killed by his guard the sixteenth yeare of his raigne , buried in Dunstaffage . 29 ATHIRCO succeeded his father Ethodius , the yeare of the world 4201. the yeare of Christ 231. after the raigne 561. a good Prince in his beginning ; afterwards being degenerate , and pursued by his Nobles , for his vitious life ( killed himselfe ) the twelfth yeare of his raigne . 30 NATHALOCVS succeeded in the yeare of the world 4212. the yeare of Christ 242. after the raigne 572. a cruell tyrant , killed by his Nobles ( vsurped the crowne ) the eleuenth yeare of his raigne . 31 FINDOCVS Athicroes sonne , succeeded the yeare of the world 4223. the yeare of Christ 253. after the raigne 583. a good and valiant King : hee was killed at a hunting , by instigation of his brother Carance , and Donald Lord of the Isles . The Traytors killers of him being tormented to death , and Carance exiled the eleuenth yeare of his raigne , buried in Dunstaffage . 32 DONALDVS secundus , succeeded his brother Findocus the yeare of the world 4234. the yeare of Christ 264. after the raigne 594. a good King : he was wounded in battell ; and being vanquished by the insurrection of Donald of the Isles , three thousand of his armie killed , and two thousand with their King taken , the third day with melancholy died , the first yeare of his raigne , buried in Dunstaffage . 33 DONALDVS tertius Lord of the Isles ( vsurped the Crowne ) the yeare of the world 4235. the yeare of Christ 265. after the raigne 595. a cruell tyrant , killed by Crathalinthus his successor ( at which time there was vniuersall persecution of the Christians vnder the Empire of Decius ) the twelfth yeare of his raigne . 34 CRATHILINTHVS Findocus son , succeeded the year of the world 4247. the year of Christ 277. after the raigne 607. a valiant good Iusticiar , and godly King. Hee purged the land of superftition , planting the true Christian Religion . In this time chaunced in the hunting betweene Scots and Pictes discord , so hastily that there were many killed on both parties . Carance brother to Findocus or Carasus 77. Britaine King , exiled for suspition of his slaughter , was long in the Romanes warres , with Dioclesian Emperour , and vsing himselfe valiantly , returned into Albion with many valiant warriours and great riches , placed his people in Westmerland , being reconciled with the King , he at length agreed the two long confederate kings & people . Carance assisted by the twoconfederate Kings with a great army in three battels , comming to Yorke , was resisted by Quintꝰ Bassianus , Captain of Britains , whom he killed , with many valiant Romans . After this battell victoriously won , against the Romans , & the rich spoyle , parted according to the law of arms , Carance with his victorious armie , past to London , where he was receiued with great reuerence , and possessed the crowne of Britaine , contrary to the Empire of the Romans ; reteyning in his companytwo thousand Scots & Picts continually for a guard , he being assaulted in battel by the Romanes and Britaines , was alway victorious . The seuenth yeare of his raigne in Britaine hee was killed by Alectus Romane Captaine . King Crathalinthus ended the rest of his dayes in good peace , and died the foure and twentieth yeare of his raigne , buried at Dunstaffage . 35 FINCORMACVS Father , brother sonne to Crathilinthus , succeeded the yeare of the world 4271. the yeare of Christ 301. after the raigne 631. a godly valiant King : he was a worthy promoter of Christian Religion in Scotland ; at which time Traherus Romane Captaine with many legions sent by Constantinus Emperour into Britaine , to represse Octauius then King of Britaines , being expelled , was fugitiue in Scotland . Traherus assembling a great Armie against the King of Scots , and Octauius King of Britaines ( whom the foresaid King of Scots refused to render ) being solicited friendly , and therefore sharpely and proudly manaced by the said Traherus , followed a cruell and dangerous battell ; the Romanes finally vanquished , and sixteene thousand of the Romanes killed , and fifteene thousand Albions . Fincormacus and Octauius pursued vntill they came to Yorke , where the two Kings were pleasantly receiued by the Nobles of Britaine . Octauius restored to the Crowne Fincormacus for his assistance was perpetually confirmed with an oath to him and his successors , the lands of Westmerland and Cumber ( which Carance had graunted in his time to the Scots and Pictes for the assistance of him by King Crathilinthus against the Romanes ) King Fincormacus continued the rest of his dayes in peace with the Britaines and Pictes , and died the seuen and fortieth yeare of his raigne , buried in Dunstaffage . 36 ROMACHVS brother , sonne to Crathilinthus , succeeded in the yeare of the world 4318. in the yeare of Christ 348. after the raigne 678. a cruell tyrant , killed and beheaded by his Nobles : the third yeare of his raigne ; in whose time Arrius beganne , and Ireland became Christians . 37 ANGVSIANVS Crathilinthus brother sonne , succeeded in the yeare of the world 4321. in the yeare of Christ 351. after the raigne 681. a good and valiant King ; Nectanus King of Picts , to reuenge the killing of Romanes , gathered an armie against the Scots , there followed a sharp battell . The Scots being victorious , and many of the Nobles of the Pictes killed , and their King fugitiue vnto Camelon their principall Citie . After that the Pictes renued battell , and came to the wood of Calidone , where the King of Scots with a great armie ioyned battell , with great cruelty , both the Kings were killed , and many of their Nobles , the third yeare of his raigne , buried in Dunstaffage without succession . 38 FETHEIMACHVS another brother , sonne to Crathilinthus succeeded in the yeare of the world 4324. in the yeare of Christ 354. after the raigne 684. Hee was a good and valiant King , and victorious against the Pictes , and killed their King in battell : he was trayterously murthered in his owne chamber by two distembling Pictes and an Harper . The third yeare of his raigne , buried in Dunstaffage . The murtherers were apprehended and most cruelly tormented . At this time S. Andrewes Church was builded by the King of Pictes , at the request of Saint Rewell . 39 EVGENIVS primus Fincormacus sonne , succeeded in the yeare of the world 4327. in the yeare of Christ 357. after the raigne 687. a vasiant , iust , and good King : he was killed in battell , his brother taken , and all his Nobles killed with fifty thousand of his armie by the cruelty of the Romanes , Britains , and deceitfull Pictes , and the whole nation of Scottes , exiled a long time , the third yeare of his raigne . 40 FERGVSIVS secundus , Erthus sonne to Ethodius Eugenius , the first brother , returning into Scotland by support of Danes , Gothes , and his owne countrey men gathered vnto him out of all partes ( where they were dispersed ) conquered his Realme of Scotland , out of the Romans and Pictes hands , beginning his ragne in the yeare of the world 4374. in the year of Christ 404. from the beginning of the Realm of Scotland 734. He was a wise , valiant , good and godly King , being confederate with the Pictes : he was sundry times victorious against the Romanes : at the last he was killed in a battell by the Romanes the sixteenth yeare of his raigne , buried in Icolukill . 41 EVGENIVS secundus , Fergusius second sonne , succeeded his father in the yeare of the world 4390. in the yeare of Christ 420. from the beginning of the raigne of Scotland 750. He was a valiant and good King ; in sundry battels victorious against the Romanes and Britaines : at which time Maximian the Romane Gouernour of Britaine made insurrection against the Romanes , and cruelly inuaded the land then called Armorica , and killed the most part of all the people there , that it should not be a prey to Frenchmen their neighbours ; he brought out of Britaine a great multitude of people to inhabite the same , some authours write there came a hundred thousand men out of Britaine with Conanus , who was made King of that land , and called the same land Bartany , or litle Britaine , after the Britaines that came to inhabite there . Then after they sent into Britaine for women to bee their wiues : at whose request Vrsula ( called S. Vrsula ) with eleuen thousand Virgins were imbarked to passe Bartany . They all by contrary and tempestuous windes were compelled to arriue in the low Countreyes , iourneying by land to Bartany , were all lamentably murthered and killed , because they would not suffer deflowring of their bodies , but rather offered themselues to be cruelly and vnmercifully murthered and killed , after this vnhappy and cruel murther , other women and Virgins were sent in great number into Bartany , who inhabite that land continually to this day . Britaine being desolate of Romane support , was occasion that the confederate Kings inuaded them after so hardly : for the valiant Graham , who was descended of an ancient house of Denmarke , and borne of a noble Lady of the same countrey , married with a Scots noble man , that was exiled out of Scotland with Ethodius ( brother to King Eugenius afore rehearsed , killed in battell by Romanes and Pictes . This Graham married a Virgin of the bloud royall of Denmark , to whom she bare a daughter of excellent beauty , who was married to Fergusius the second King of Scots : of him descended the auncient surname of Grahams : hee was a great enemy to the Romanes ; for hee destroyed to the ground the wall of Abircorne , called then after Grahams Dykes , and past and all vtterly abolished the wall of Adrian ouer against the Irish Seas . The confederate Kings accompanied with valiant Graham , past with fire and sword through al the bounds betweene Tyne and Humber : there followed a most dangerous battell , in the which were killed fifteene thousand Britains , with the most of the Princes and Nobles of Britaine , and foure thousand Scots , and the whole Romanes being exiled out of Britaine by the confederate Kings ; and peace being concluded betweene the confederate Kings and the Britaines , all the lands lying beyond Humber shall remaine perpetually vnder the Empire of the confederate Kings , and presently to be paide threescore thousand pound to their men of warre , and twentie thousand pound yearely to the confederate Kings : and for obseruing hereof , the Britaines deliuered one hundred pledges , being within age of thirty yeares , at the will of the confederate Kings . In the seuenth yeare of the raigne of Eugenius second King of Scottes , Britaine was deliuered from Romane tribute 496. years after that Iulius Caesar began the first tribute . Eugenius encreased in riches and policy , his Realme with continuall peace . In the same time the Britaines falling at great diuersity , betweene the Nobles and Commons there were many of both parties miserably killed , he died in peace the one and thirtieth yeare of his raigne ; buried in Icolmkill . 42 DONGARDVS succeeded his brother Eugenius the yeare of the world 4421. the yeare of Christ 451. after the raigne 781 a godly , wise , and valiant King , in a dangerous and cruell battell betweene Constantine , new elected King of Britaines , wherein were killed sixteene thousand Britaines and foureteene thousand Scots and Pictes ; the victory falling to the confederates , the King of Scottes valiantly fighting , was killed the fift yeare of his raigne ; and buried in Icolmkil , which was the buriall for the Kings vntill King Malonus Camors dayes . 43 CONSTANTINVS primus , succeeded to his brother Dongardꝰ the year of the world 4427. in the year of Christ 457. from the beginning of the raign 787 a vitious & odious King killed by one of his nobles , whose daughter he had defloured the 22. yeare of his vnwort hy raigne . 44 CONGALLVS Dongardus sonne succeeded in the yeare of the world 4449. the yeare of Christ 479. after the raigne 809. a valiant King , he vanquished the Brittaines in a cruell and daungerous battaile , wherein were killed 20000 Brittaines with many nobles , with GVYTELL Prince of Wales , VORTIGERN vsurping the Crowne of Brittaine , sent into Almaine to fee Warriours against the confederate Kings , at which time came into Brittaine Hengest and Horsus bretheren with 10000. Saxons , immediately the Brittaines and Saxons past with arrayed battaile to Humber , before the confederate Kings were admonished of their comming , killing in all parts , without mercy where they came . The King of Picts asse●…bled his army and ioyned battaile ( without support of the King of Scots , ) where he was vanquished by the Saxons and Brittaines . The Saxons proude of this victorie , and being resolued to conquer the Kingdome of Brittaine , past further . Against them came King Congalus with a great army , with the Picts there followed a cruell battaile , with vncertaine victorie , at last the Brittaines ( that fought in the right wing , against the Scots ) being fugitiue , there chaunced a mighty shower of haile with great darknesse : Hengist by sounde of Trumpet gathered his people to his Standard . The Scottes and Pictes ( hoping their enemies to be vanquished ) followed on the Bir●…taines without array . Hengist the Brittaines vanquisht and the confederate people without order killing and spoyling , he came with his Saxons in arrayed battaile , and killed all the confederates that might be ouertaken . This battaile was right sorrowfull to the confederate people , and not pleasant to their enemies , for the most part of the army of Brittaines were killed , Hengist obteyning new support out of Saxony , the next Summer came with Vortimer King Vortigerus sonne , with a great armie : there followed a cruell and long battell , valiantly debated on all parts , with sundry chances ; for many Scots and Britaines being killed Congallus euill wounded , was brought out of the field . Long time then after Ambrosius ( when he had vanquished Uortigern ) and being crowned King of Britaine , confederate with the Scots and Pictes , he assisted by them , and killed with his owne hands Hengist , and exiled the rest of the Saxons . King Congallus ( holding good pcace with Britaines and Pictes , vexed with long infirmity ) died peace ably the two and twentieth year of his raign , and buried in Icolmkill . 45 CORANVS succeeded his brother Congallus in the yeare of the world 4471. the yeare of Christ 501. after the raign 831. a good King and seuere Iusticiar . In this time arriued in Britaine Occa and Passentius , sonnes of Hengist , with a great multitude of valiant souldiers ( assisted by the Princes of Almaine , against whom came King Ambrosius . There followed a doubtfull and dangerous battell ; the victory enclining to Ambrosius , yet very vnpleasant ; for at the same time there were many Britaine 's killed . Neuerthelesse they parted the spoile of Saxons by right of armes . Occa being aduertised of the comming of the confederate Kings to assist Ambrosius , sent his brother Passentius to bring greater support out of Almaine , by contrary windes he arriued in Ireland , where he gathered a great number of hyred warriours , and returned into Britaine . Occa perswaded one Coppa a fained mediciner to poison King Ambrosius ; the confederate Kings comming with a strong armie to assist Ambrosius , were aduertised of his death : therefore they not knowing who was friend or foe ; and being vncertaine how he died , they returned home : Arthurus being King of Britaines , assisted by the Scots and Pictes , obtayned sundry victories against the Saxons . The confederate Nobles abode certaine dayes in London . And being richly rewarded by King Arthurus , returned home . The Realme of Scotland was gouerned in great felicity and iustice by King Coranus . Then after certaine Traytors ( assisted by Donald Captaine of Athole ) murthered the King in his chamber the foure and thirtieth yeare of his raigne , in the sixteenth yeare of the raigne of King Arthurus , and in the twentieth yeare of Iustinian Emperour , the yeare of Christ 535. He was buried at Icolmkil . 46 EVGENIVS tertius Congallus first sonne , succeeded in the yeare of the world 4505. in the yeare of Christ 535. after the raigne 865. a wise godly King , and good Iusticiar : he continued in good peace all his dayes , and died the three and twentieth yeare of his raigne , and buried at Icolmkill . 47. CONGALLVS secundus , succeeded his brother Eugenius the yeare of the world 4528. the yeare of Christ 558. after the raigne 888. a good , iust , and godly Prince : he instituted many good lawes concerning Churches and Churchmen : hee died in peace the eleuenth yeare of his raigne , buried in Icolmkill ; in whose time was S. Colme and S. Mungo . 48 KINNATELLVS succeeded his brother Congallus , the yeare of the world 4539. the yeare of Christ 569 after the raigne 899. a good and godly King : hee died in peace the first yeare of his raigne , and buried at Icolmkill . 49 AIDANVS Coranus sonne , succeeded in the yeare of the world 4540. the yeare of Christ 570. after the beginning of the raigne of Scotland 900. He was a valiant and good King , and seuere Iusticiar : he confederated with the Britaine 's against the Saxons and Pictes : there followed sundry battels ; at last the Britaines and Scottes came into Northumberland against the Saxons , and Pictes ; and vanquished them in a dangerous battell ; the tenth part of the spoyie obtained in the field was dedicated to the Churches of Scotland , and the Banners or Ensignes gotten at that time , sent to Icolmkill : he died in peace the fiue and thirtieth yeare of his raigne , buried in Icolmkill . 50 KENNETHVS primus , Congallus second sonne , succeeded in the yeare of the world 4575. the yeare of Christ 605. after the raigne 935. a good and peaceable Prince . He died the first yeare of his raigne , and was buried in Icolmkill . 51 EVGENIVS quartus Aidanus sonne , succeeded in the yeare of the world 4576. the ye●…re of Christ 606. after the raigne 936. He was a godly and good Iusticiar , and instituted many godly and good lawes for the Common-wealth of his subiects : he raigned peaceably , and died in peace the fifteenth yeare of his raigne ; buried in Icolmkill . 52 FERCHARDVS primus , succeeded his father Eugenius , the yeare of the world 4591. the yeare of Christ 621. after the raigne 951. a vitious Tyrant , degraded by his Nobles , and imprisoned : he killed himselfe in prison the eleuenth yeare of his raigne . 53 DONALDVS quartus succeeded his father Ferchardus the yeare of the world 4602. the yeare of Christ 632. after the raigne 962. a good and religious King. holding peace , with his neighbours , being at fishing with his seruants for pastime , he perished in Lothay the foureteenth yeare of his raign , his body being found , was buried in Icolmkill . 54 FERCHARDVS secundus succeeded his brother Donaldus , in the yeare of the world 4616. in the yeare of Christ 646. after the raigne 976. an auaritious and vitious tyrant , bitten by a Wolfe in hunting , whereof ensued a dangerous feuer , being penitent of his euill life . He died the eighteenth yeare of his raigne , buried at Icolmkill . 55 MALDVINVS Donaldus sonne , succeeded in the yeare of the world 4634. in the yeare of Christ 664. after the raigne 994. He was a godly and wise King , and a seuere Iusticiar , holding good peace with his neighbours . He was strangled by his wife in the night by suspition of Adultery the twentie yeare of his raigne , buried in Icolmkill , on the morrow his wife was taken with her Complices , and burned to death . 56 EVGENIVS quintus , Malduinus brother Sonne succeeded in the yeare of the world 4654 in the yeare of Christ 684 after the raigne 1014. he was a valiant and good King , he obteyned a great victory against Edfreid King of Northumberland , being killed with 10000 Saxons , and Bredius King of Pictes fugitiue , he dyed the fourth yeare of his raigne , and buried in Icolmkill . 57 EVGENIVS sixtus Ferchardus secundus sonne , succeeded the yeare of the world 4658 the yeare of Christ 688 after the raigne 1018 a good religious and peaceable King , he died in peace the 9. yeare of his raigne . Buried in Icolmkill . 58 AMBERKELETHVS succeeded in the yeare of the world 4667. the yeare of Christ 697 after the raigne 1027 an auaritious euill King , killed by a shot of an Arro●… . The second yeare of his raigne , buried in Icolmkill . 59 EVGENIVS septimus succeeded his brother Amberkelethus , in the yeare of the world 4669. in the yeare of Christ 699. after the raigne 1029 A good King , contracting peace with the King of Pictes then called Garnard , married his daughter Spontana , who being with childe , in the next yeare , was murthered in her bedde insteed of the King , by two brethren of Athole ( who had conspired the Kings death . ) The murtherers at length were apprehended , and cruelly put to death . He continued a religions and vertuous King , he endewed sundry Churches liberally , holding good peace with his neighbours , died in peace the 16 yeare of his raigne , buried in Icolmkill . 60 MORDACVS sonne to Amberkelethus , succeeded in the yeare of the world 4685 in the yeare of Christ 715 after the raigne 1045 an humble and liberall Prince , he caused peace to be made in all Brittaine , amongst the Brittaines , Saxons , Scots and Pictes , he repaired many decayed Churches , and builded Quhitthorne . In his time was Saint Beda , he died peaceably the 16. yeare of his raigne , buried in Icolmkill . 61 ETFINVS Eugenius seuenth Sonne succeeded in the yeare of the world 4700. in the yeare of Christ 730. after the raigne 1060. a Godly wise King , and seuere Iusticiar , holding his Realme in good peace , his people encreasing in riches and religion , he being aged elected foure Regents . The Thaues of Ardgiele , Athole , Galloway and Murray to doe Iustice to his subiects , which was not obserued , he died in peace the 31. yeare of his raigne , buried at Icolmkill . 62 EVGENIVS Octauus Mordacus Sonne succeeded in the yeare of the world 4731. in the yeare of Christ 761. after the raigne 1091. a good King & seuere Iusticiar in the beginning , for he executed to death Donald the tyrant , Lord of the Isles , and the Earle of Galloway for assenting to his vices , then after he being degenerate vnto all abhominable vices , he was killed by his nobles , the third yeare of his raigne , and buried in Icolmkill , his familiars and seruants asisting to his vicious life , were all hanged vppon Gibets , to the great contentment of his whole subiects . 63 FERGVSIVS tertius Etfinus sonne succeeded in the yeare of the world 4734. in the yeare of Christ 764. after the raigne 1094. he married Ethtolia daughter to the King of Pictes , he was a leacherous adulterer , and being admonished continued still in whoredome , at last he was murthered by his wife , and sundry of his familiar seruants , who being sharply therefore accused , his wife hearing thereof , came into iudgement and relieued those innocent men , confessing the fact , and imediately stabbing her selfe to the heart with a dagger , died in presence of the whole people . The King was buried in Icolmkill the third yeare of his raigne . 64 SOLVATHIVS Eugenius eight sonne , succeeded in the yeare of the world 4737. in the yeare of Christ 767. after the raigne 1097. a noble valiant King , he married the King of Brittaines daughter , she bare to him two sonnes and one daughter . He being troubled with the Gow●…e gouerned his people , by his Captaines and commaunders , seuerely executing iustice , and subduing sundry Rebels , especially Banus Captaine of the Isle of Tyre , who assembled a great company of Rebels and calling himselfe King. He died peaceably of the Gowt , the 20. yeare of his raigne , buried in Icolmkill . 65 ACHAIVS Etfinus second sonne began his raigne in the yeare of the world 4757. in the yeare of Christ 787. after the beginning of the raigne of Scotland 1117. a good Godly and peaceable King , he pacified insurrection both in Scotland , and Ireland , he contracted the band of amitie with Charles the great , King of Fraunce and Emperour of Germanye , which band hath continued inuiolably obserued vnto this present time . He married the foresaid Charles the great his daughter , who bare to him three sonnes and one daughter . The amitie and confederation of Frenchmen and Scottes , to be made for euer both for the people present and their successours , and for corroborating of the said band . King Achaius sent his brother GVIILIAM with sundry nobles into Fraunce with 4000. valiant warriours to assist the foresaid Charles in his warres , in any part he pleased to passe against the enemies of the Christian faith , at which time the Armes of the Kings of Scotland , were the red Lyon Rampant in a field of gold , there was augmented a double treasour with contrary Lillies or flower-deluce including the Lyon on all parts : Guilliam , Achaius brother assisting Charles in his warres with his valiant Scots , purchased great honour , and being so beloued and holden in great estimation among the Princes of Fraunce , that he was called the Knight without reproach , and purchased great riches and lands , he prospered greatly in all his warres & vanquished sundry nations , rebelling against the Emperour , he obteined great honours , the time that King Charles restored Pope Leo the third to his seate , after that he was put out of Rome by iniury of the Romaines , he conquered great honours , when Charles passing thorough Tuskany , restored the Cittie of Florence to their auncient honours , after it was destroyed by the Gothes , these and many other honourable acts were performed by Scottish Guilliam , howbeit they were done vnder the name of Charles Emperour , for he remained not long in Italy , but left the charge to Guilliam , who did all things with such prouidence , that he augmented the dominion of Florence greatly . The Florentine in recompence of Guilliams humanitie towards them , ordeined solemne playes , to be made in their Cittie , in which a Lyon is crowned with sundry ceremonyes , they commaunded also quick Lyons to be yearely nourished vpon the common purse , because the Lyon was the armes of Scottish Guilliam . This is yet obserued in perpetuall memory . Guilliam after infinite trauailes taken with Charles the great , for the defence of Christian faith grew in age , and because he had no succession of his body ( for he was all his daies giuen to chiualry ) he made Christ his heire , and founded many Abbaies in Italy , Almayn , and Germanie , liberally distributing vnto them rich rents and lands , and ordeined that Scottishmen onely should be Abbots , to the same Abbeyes . In witnesse hereof are many Abbeys in Almaine and Germanie nothing changed from the first institution . At comming first of Scottish Guilliam there came two learned Clarks with him from Scotland , holden in great honour by the Emperour for their singular learning , they obteined a place in Paris which was giuen to them with certaine lands , to susteine their estate , and to instruct the noble mens children of Fraunce , in sundry sciences . To these men came such confluence of people out of all parts , desiring learning , that in short time by their exact diligence in erudition of young children , the Cittie of Paris was made a solemne Vniuersitie of resolute men in all science . The Emperour Charles hauing great delectation that learning began to flourish in his realme , by the great industry of those two Scottish men , commaunded that Clement should remaine as principall regent of Paris : And Iohn his Colleague to passe to Pauy , a towne of Lumbardy for encreasing of learning there . This small beginning was the origenall of the famous Vniuesitie of Paris : King Achaius , continuing in good peace , the Romaine Empire was deuided , for Emperour Charles the first Emperour of Germanes was Emperour of the west and Constantiue Emperour of the East : Achaius married Fergusiane sister to Hungus King of Pictes who bare to him one sonne called Alpine , who after succeeded to be King of Scotland and right inheritour to the King of Pictes . King Achaius being aged died in peace , the 32. yeare of his raigne , buried in Icolmkill . 66 CONGALLVS Achaius cousen germane , began his raigne the yeare of the world 4789. in the yeare of Christ 819. after the raigne 1149. a good and peaceable King. He died in peace the fift yeare of his raigne , buried at Icolmkill . 67 DONGALLVS Saluathius sonne , beganne his raigne the yeare of the world 4794. the yeare of Christ 824. after the raigne 1154. a valiant and good King , sending his Ambassadours to the Pictes after the death of DORSTOLOGVS their King , killed by his brother Eganus , who marrying his brothers wife BRENNA , daughter to the King of Marches ; who after murthered the said Eganus in his bedde ( notwithstanding his armed Guard ) to reuenge the murther of her first husband . The Scots Ambassadours at commaund and in the name of ALPINVS King Achaius sonne , begotten betwixt him and Fergusian , sister to Hungus late King of Pictes . The two brethren aforesaid being murthered , without succession , the right and title of the Crowne of Pictes , succeeded by the law of God and man to the aforesaid Alpinus . Therefore desiring the Pictes to accept him as their naturall Prince , both of Scotland and Picts land : which they refusing , elected FEREDECH to be their King. The Scots Ambassadors denounced battell to the Pictes . King DONGALLVS preparing a great armie to passe against the Pictes , perished in a Boat passing ouer the water of Spey , the seuenth yeare of his raigne , buried in Icolmkill . 68 ALPINVS Achaius sonne , began his raigne the yeare of the world 4801. the yeare of Christ 831. after the raigne 1161. a valiant and good King , being right heire to the Crowne of Pictes , in a dangerous and cruell battell , killed Feredech their King : then after the Pictes elected BRVDVS his sonne King , who was killed the first yeare by sedition among the Pictes . His brother KENNETH was made King , who comming with an Armie against the Scots , rent off his coate armour , and was fugitiue to the mountaines , where hee was shamefully killed by a Countryman ( not knowne who he was ) . The Pictes immediatly elected a fierce and valiant Prince BRVDVS , to be their King ; who directing Ambassadors to Alpinus , desiring peace , all matters to be redressed , and the olde band to bee renued . King Alpinus answered that he would make no peace vntill the crowne of Pictes were deliuered vnto him as righteous inheritor . Brudus raised a great armie , and came ouer the bridge of Dunkeld to Angusse . The night afore the battell he caused all the carriage men and women ( that came with his armie ) to stand in arrayed battell with linnen shirts aboue their clothes , with such weapons and armour as they might furnish for the time . This done , hee ordayned an hundred horsemen , to gouerne them , without any noyse or din in the next woode ; commaunding none of them to come in sight vntill the battels were ioyned . King Alpinus was at this time in a Castle , which was situate on a hill , not farre from Dundee , and beheld the Armie of Pictes , marching forwards , incontinent he arrayed his Scots , then the battel 's ioyned with great slaughter on all parts . Immediatly the carriage men and women afore rehearsed , came mouing forwards vpon the backe of the Scots ; who belieuing that a fresh armie of Pictes were to come against them ( not looked for ) at the last the Scottes were fugitiue : for this hidden sleight before rehearsed , was the discomfiture of the Scots armie . The Pictes followed with cruell killing of all they might ouertake . In this battell was King Alpinus taken and beheaded . The place where he was beheaded , is called Pasalpin , that is , the head of Alpin ; his body was buried at Icolmkill , the third yeare of his raigne . After this great victory obtayned against the Scots , Bredus King of the Pictes returned to Camelon , and conuocated a Councell , making their oathes neuer to desist from battell , vntill they had vtterly destroyed the Scots , and made a Statute , what euer he was that laboured to haue peace with the Scots , hee should be beheaded . Some of the wise Pictes , not allowing their oathes and Statutes , counsailed to vse victory with measure ( who were exiled ) and came into Scotland . 69 KENNETHVS secundus ( surnamed the great ) succeeded his father Alpine the yeare of the world 4804. in the yeare of Christ 834. after the beginning of the Realme of Scotland 1164. a good and valiant King : he married the Lord of the Isles daughter , who bare to him three sonnes . The Pictes comming against the Scots , they contended amongst themselues for a thing of nought : thus was their armie diuided , and many slaine ( vntill night seuered them ) King Brudus could not pacifie them ; therefore hee with the rest of his armie past home ; and hee shortly after died for displeasure . DONSKEN his brother was elected King , and redressed all iniuries that he might . Three yeares continued sundry incursions on both parts . King Kenneth setling his wits to defend his Realme , putting strong souldiers in all forts , adioyning to the borders of the Picts , and commaunded his people to be daily exercised in chiualry , to be ready against euery trouble that might occurre . In the fourth yeare King Kenneth made a conuention of his Nobles , consulting how hee might reuenge his fathers slaughter , and obtayne the crowne of Pictes ( rightfully appertayning vnto him ) . The season of the yeare being expedient to raise their armie , the Nobles not consenting thereunto for the great slaughter lately made on their King and Nobles ; therefore the King conuenting all his Nobles , perswading them that hee had greater matters to propound . By solemne banquet within his Palace , he royally entertayning them , vntill darke night : after they were brought to seueral chambers within the Palace : and when they were in profound sleepe , the King caused sundry men to passe to euery seuerall bedde ( where the Nobles did lie ) cladde with fish skinnes , hauing in their handes a Clubbe of Muscane tree , which with the fish skinnes in the darke did shew a marueilous glaunce and light all at one time ; each one holding in the other hands a bugle horne , and speaking through the horne ( appearing to be no mortall mans voice ) did shew they were Angels sent by God to the Princes and Nobles of Scotland , to cause them to obey the desires of the King ; for his desire was so iust and right , that the Pictes for repulse thereof shall be brought to such extermination , that no puisance nor wisedome of man can resist : their speeches ended , they obscured their clubbe and skinnes vnder their cloathes ; their light vanishing at one time . The Nobles seeing this vncouth vision , were astonisht , and tooke little rest that night : on the morrow at their conuention , each one declaring their visions , ( all being at one time ) concluded firmely the same to be no fantasie , but an heauenly vision ; assuring them of victory and felicity , reuealing the same to the King , who assured them that the same vision appeared to him the samehoure ( howbeit he would not first reueale it ) least his Nobles should esteeme him glorious . By generall Statute all able persons were commaunded sufficiently prepared to meet the King on an appointed day . In two battles the King being victorious against the Pictes , to their vtter extermination , King Donsken and all his nobles being killed , his sword and coat armour , were sent to Icolmkill in perpetuall memory . The Citie of Camelon after long assault , was vtterly destroyed , and the Pictes , men , wiues and children killed , after they had raigned in Albion 1181. yeares . King Kenneth instituted many good lawes , and brought the fatall chaire from Ardgiel to Scone , adding the Realme of Pictes to his Dominion . This victorious King died the twentieth yeare of his raigne , buried in Icolmkill . 70 DONALDVS quintus , Kennethus brother began his raigne in the yeare of the world 4824. in the yeare of Christ 854. after the raigne 1184. a vitious & odious King ; his people made effeminate by his vices and sensuall pleasures ; his Nobles admonishing him to reforme his euill life ; he continuing still without reformation . The Pictes that were fugitiue amongst the Englishmen , requesting Osbraed and Ella , two great Princes of England , to moue warres against the Scots : these two Princes , with Englishmen , Britaines , and Pictes , came into the warres , where King Donaldus vanquished them in a great battell at Iedbrugh . Donald right insolent after this victory , came to the water of Tweed with his Armie ; and finding two ships laden with wines and victuals , which were taken and parted amongst his warriours . King Donald was giuen to such voracity and lust of his wombe ( the whole Campe vsing the same ) and being ful of Tauernes , Brothels and whores , followed dicing and carding , with contention and killing one another . King Osbraed being aduertised hereof , preparing a new armie , came suddenly on the Scots , and killed twenty thousand , being without armour , full of wine and sleepe . And King Donald was taken in manner aforesaid , and ledde through the countrey in derision to all people . At which time King Osbraed conquered great landes in Scotland , assisted by Britaines ; so that Striuiling bridge was made marches to Scots , Britaines , and Englishmen . King Osbred coined money in the Castle of Striuiling ( by whom the Striuiling money had first beginning ) . King Donald being ransomed , returned into Scotland , continuing in his vitious and abhominable life . He was taken by his Nobles , and imprisoned ; where hee desperately killed himselfe the fift yeare of his raigne , buried in Icolmkill . 71 CONSTANTINVS secundus Kennethus sonne , began his raigne in the yeare of the world 4829. the yeare of Christ 859. after the raigne 1189. a valiant King : hee married the Prince of Wales his daughter : she bare to him two sonnes and one daughter . Hee instituted sundry good lawes for Churchmen , and repressed all vitious vices engendred amongst his subiects by Donald the ●…yrant , his predecessor ; in whose time Hungar and Hubba with a great Fleete of Danes landing in Fiffe , vsed great cruelty ; a great number of religious persons being fugitiue in the Isle of Maye , with Adrian their Bishop , were all cruelly tormented and killed by the vnmercifull Danes . Constantine came with a great armie against Hubba , and vanquished him . The Scots being proude of this victory , and neglecting themselues , there followed a cruell and desperate battell : at last the Scots were vanquished , and King Constantine with his Nobles , and ten thousand of his armie , killed in the fifteenth yeare of his raigne ; buried in Icolmkill . 72 ETHVS surnamed the Swift , Constantinus secundus fonne , began his raigne the yeare of the world 4844. the yeare of Christ 874. after the raigne 1204. a luxurious Prince , taken by his Nobles and imprisoned ; where he died the third day of melancholy the second yeare of his raigne and buried in Icolmkill . 73 GREGORIVS magnus , Dongallus sonne , began his raign in the yeare of the world 4846. the year of Christ 876. after the beginning of the raign of Scotland 1206. He was but two moneths olde when his father perished in the water of Spey , a valiant and greatly renowned Prince in ●…ll parts : he instituted good lawes for his subiects ; and being very religious , ordeyned good lawes for Churches and Churchmen , and that all Kings his successors at their coronation , should make their oath to defend the Christian Religion . He obtained great victory against Danes and Britains : and recouering all his lands lost in King Donalds time , enlarged his bounds with Northumberland , Cumber and Westmerland ; and being confederate with Alurede King of England , the foresaid lands to remaine perpetually to be possessed by the Scots . Then after the King to represse Irishmen , that were come into Scotland , who had robbed the people , and made sundry incursions , he followed with a great armie ; and landing in Ireland , vanquished Brennius and Cornelius , two Princes of Ireland with the whole Nobles of Ireland , and vanqu●…shed sundry townes , and besieged Dublin with a strong siege , where their young Prince Duncane was , to whom the Crowne of Ireland appertained : at last the Towne was rendred ( and the King made Protector during the Princes minority ) with all the fortes , and threescore pledges . The King returning with his victorious armie , and the pledges of the Nobles of Ireland ; and holding good peace the rest of his dayes , he died in peace the eighteenth yeare of his raigne , buried in Icolmkill : he builded thecitie of Aberdene . 74 DONALDVS sixtus sonne to Constantinus secundus , began his raigne in the yeare of the world 4864. in the yeare of Christ 894. after the raigne 1234. a valiant Prince and godly : he punished with great seuerity the blasphemers of the name of God : he married the King of Britains daughter ; she bare to him one sonne and a daughter . At this time ROVVLAND King of Denmarke , gathered or conuened a great multitude of Danes out of England , Norway , Swed●…icke , and Denmarke ; and pastthrough Fraunce , committing great cruelty vpon the people there . And because CHARLES the great then Emperour , was implicat with frequent warres in Italy , against the Sarazens . The Danes raged with such open cruelty , that great bonds of France appeared to come vnder their Dominion . Emperour Charles after his returne from Italy , came with a great armie to resist the Danes , and they ( nothing affraid ) went forward to meete him in their awfull manner . The Princes of Fraunce , knowing the great ferocity of the Danes , proued and exercised in all partes where they were assayled ; and seeing them by frequent victory so insolent , that but by great slaughter they might not be vanquished , perswaded the Emperour Charles to make peace with the said Rowland , that their Realme should not be in ieopardy or put to extreme danger , through the wers both in Italy and Fraunce . Peace was corroborate and contracted with the Danes on this manner : The Emperour Charles his daughter shall be giuen in marriage to Rowland , and hee with all the Danes , shall receiue the Christian faith , and in the name of Dowry , shall haue all the landes which were named Newstria , lying betwixt Deip , Picardy , Paris , and Bartany . These landes were then after Rowland called Normandy . Rowland made King of Normandy by receipt of Baptisme , was named Robert , and ordayned to pay for the said lands one yearely tribute to the aforesaid Charles and his posterity , to signifie that the said landes were not conquered , but onely giuen from the Crowne of Fraunce in marriage . The yeare that the Normans began to raigne in Normandy , was from the Incarnation of Christ 886. yeares . The valiant deedes done by the Danes , in sundrie parts of the world was in great admiration to all people . Rowland called Robert begat on the Emperour Charles his daughter . WILLIAM who succeeded after his father . To William succeeded RICHARD the first , to him succeeded RICHARD the second , who had two Sonnes ROBERT and GVSTARD : Robert begat WILLIAM the bastard , Duke of Normandy , who conquered England , and vanquished both Englishmen and Danes , and possest the crowne thereof . And Gustard past into Italy , and made many and cruell inuasions in Cicill Calabre and Naples . In this time the Murrayes and Rosses inuading each other with cruell killing 2000. men were killed on either parties , the King came vppon them with a great army , and punished the principall mouers of this trouble to the death , he dyed in peace the 11. yeare of his raigne : and buried in Icolmkill . 75 CONSTANTINVS tertius Ethus sonne began to raigne the yeare of the world 4874. in the yeare of Christ 905. after the raigne 1245. a valiant prince , not fortunate in Warres , he married the Prince of Wales his daughter : she bare to him one sonne , being vexed with Warres in the time of King Edward and Athelstane his bastard sonne , he became a Chanon in Saint Andrewes and died the 40. yeare of his raigne , buried in Icolmkill . 76. MILCOLVMBVS primus Donaldus sonne began his raigne in the yeare of the world 4913. in the yeare of Christ 943. after the raigne 1283. a valiant Prince and good Iusticiar , he married the Lord of Twylths daughter : she bare to him two sonnes and one daughter . A confederacy was made betweene England and Scotland , that Cumber and Westmerland shal be perpetually annexed to the Prince of Scotland raigning for the time , to be holden in fee of the Kings of England . By vertue whereof Indulfus sonne to Constantine the third , ( as Prince of Scotland , ) tooke possession both of Cumber and Westmerland . The King passing the rest of his dayes in peace & seuere Iustice , which caused a conspiracy in Murrayland , where this noble King was traiterously killed , the 9. yeare of his raigne , buried in Icolmkill . The murtherers and their assistants all apprehended , were cruelly tormented and put to death . 77. INDVLFVS Constantinus tertius sonne , began his raigne in the yeare of the world 4922. in the yeare of Christ 952. after the raigne 1282. a noble valiant Prince . He vanquished in battaile Hagon Prince of Norwaye and Helricke Prince of Denmarke , and was killed by a Stratageme of Warre , the 9. yeare of his raigne , buried in Icolmkill . 78 DVFFVS Milcolumbus sonne began his raign the year of the world 4931. the yeare of Christ 9●…1 . after the ragin 1291. a good Prince & seuere Iusticiar . He was trayterously murthered by one Donalde Captaine of Forres in Murrayland , and his wife was buried secretly vnder a bridge at Kinlus . The murtherers being apprehended were seuerely executed and put to death the 5. yeare of his raigne , and buried in Icolmkill . 79 CVLENVS Indulfus sonne began his raigne the yeare of the world 4936. the yeare of Christ 966. after the raigne 1296. he was marryed to the King of Brittaines daughter , a vitious Prince killed by Rodardus a noble man at Mesfen , whose daughter he had defloured , the 4. yeare of his raigne , and buried in Icolmkill . 80 KENNETHVS tertius Duffus brother began his raigne in the yeare of the world 4940. in the yeare of Christ 970. after the raigne 1300. one valiant and wise Prince and seuere Iusticiar , for one time he caused 500. notable theeues to be hanged on gibbets , and inhibited their bodies to be taken downe , beside the Castell of Bertha to giue example to others . The Danes with a great Fleete of ships arriued in the mouth of Taye , and destroyed the towne of Mountrose , killing all the people & demolishing the wals , wasting the whole country comming thorough Angus , with great cruelty , and laying a strong siege to the Castle of Bertha . The King came with a great army , there followed a dangerous and cruell battaile , with vncertaine victorie , valiantly defended on both parties . At the last one Haye with his two sonnes , enforcing the Scots that were fugitiue , to returne , and by their valiant courage renewing battaile , the Danes were vanquished and fugitiue , the most part of them being slaine . The King enriched Haye and his sonnes , giuing them a great part of the spoile of the Danes , with as much land as a Falcon flew ouer , of one mans hand vntill she lighted , called the Falcons stone . So he obteined the whole lands betweene Tay and Arrole , sixe miles of length and foure of breadth . This was the beginning of the noble and ancient surname of Hayes decorate with great honours , riches , and lands , valiant defendours of the realme of Scotland : This noble King , ( so long decorate with Iustice , ) the blinde and immoderate affection ( that he had to his sonne ) was occasion that he killed by poyson Malcolme Prince of Scotland , and Lord of Cumber and Westmerland . He abrogated the old lawes concerning the Kings , and instituted . The King being deceased , his eldest sonne or Nephew notwithstanding what age soeuer he were of , and though he were borne after his fathers death , shall succeed to the crowne . The Nephew borne on the Kings sonne shal be preferred before the Nephew gotten on the Kings daughter , and the Nephew gotten by the Kings brother shal be preferred before the Nephew gotten on his sister : These lawes to be obserued amongst all other nobles in succession of their heritage . When the King is young , one noble man of great prudence and authoritie , shal be chosen gouernour of the Realme vntill the King come to age of fourteene yeares , and then the King to gouerne his Realme by his owne authoritie . All other inheritours shall succeede to their fathers heritage after the expiration of one and twentie yeares , and within that time they shal be gouerned by curatours or guardians , and vntill those yeares be outrunne , they shall not be admitted to claime their heritage : He proclaimed his sonne Malcolme Prince of Scotland and Lord of Cumber and Westmerland . Once when the King was lying in his bed , he heard a voice saying , O Kenneth belieue not , that the cursed killing of Prince Malcolme is hid from God ( O thou vnhappy tyrant which for desire of the crowne ) hast killed an innocent , inuading thy neighbour with treasonable murther , which thou wouldest haue punished with most rigour , if it had bin done by any other person then thy selfe . Therefore thou hast incurred such hatred of God , that thou and thy sonne shal be suddainly killed , for thy nobles are conspired against thee . The King was greatly affrayde of this voice , and being very penitent , confessing his offence to a Bishop , who comforting him , he did sundry good workes , appertaining to a Christian Prince . At the last King Kenneth comming to the Castell of FETHERCARN was ( as appeared ) thankfully receiued by FENELLA Lady thereof , where in the midle of the Castle most curiously wrought was an Image of brasse , the similitude of the King , with a golden apple in his hand . The King perceiuing the same ( suspecting no treason ) counselled by the said Lady being alone in the tower , the Castle being apparelled with rich Tapestries of golde & silke ouerlayed or thicked with copper . The King taking the apple with violence out of the hand of the Image , immediately the titups of the Cross-bowes were throwne vp ( being made with such engyne ) one of them shot the King thorough the body . The Lady was fugitiue . There he died the 24. yeare of his raigne , buried in Icolmkill . 81 CONSTANTINVS quartus surnamed Caluus . Culenus sonne began to raigne ( vsurping the crowne ) in the yeare of the world 4964. in the yeare of Christ 994 after the raigne 1324. he was killed in battaile at the town of Crawmond in Louthaine , the second yeare of his raigne , buried in Icolmkill . 82 GRIMVS Duffus sonne began his raigne in the yeare of the world 4966. in the yeare of Christ 996. after the raigne 1326. ( a vitious vsurper of the crowne ) killed in battaile by Malcolme his successour the eight yeare of his raigne , buried in Icolmkill . 83 MILCOLVMBVS secundus Kennethus third sonne beganne his raigne the yeare of the world 4974. in the yeare of Christ 1004. after the raigne 1334. a valiant and wise King , he was often victorious against the Danes . In his time beganne the auncient noble name of KEITH , whose house is decorated with great honours , being Marshall of Scotland . The King repaired and enlarged the Cit●…y of Aberdene then called Murthlacke , he was killed by conspiracy of some of his nobles in the Castle of Glammess . The 30. yeare of his raigne he married the Duke of Normandies daughter , who bare to him three sonnes and two daughters , buried in Icolmkill . The murtherers fugitiue in the night , chaunced into the Loch or Poole of Forfarr , being frozen ouer , couered with snowe , were all drowned therein , by the righteous iudgement of God. 84 DVNCANVS primus Malcolme second daughter Beatrix her sonne , began to raigne in the yeare of the world 5004. in the yeare of Christ 1034. after the raigne 1364. a good and modest Prince . In his time was THANE or Earle of Lochquhaber Banquho . Of whome are descended the auncient and royall name of STEVVARTS . He was trayterously killed by Makbeth the 6. yeare of his raigne , buried in Icolmkill . 85 MACBETHVS ( Dowoda Malcolme second daughters sonne ) began to raigne in the yeare of the world 5010. in the yeare of Christ 1040. after the raigne 1370. in the beginning he was a valiant Prince , and seuere Iusticiar instituting many good lawes , at last by illusion of Witches and Sorcerers , he became a cruell tyrant and oppressor , at last killed in a battaile , vanquished by his successor King Malcolme Cammore , and killed by Makduff Thane or Earle of Fiffe the 17. yeare of his raigne , buried in Icolmkill . 86 M●…LCOLVMBVS surnamed Cammore , Duncane the first his sonne began to raign in the year of the world 5027 in the yeare of Christ 1057. after the raigne of Scotland 1387. he was a religious and valiant King , he rewarded his nobles with lands and offices , and commaunded that the lands and offices should be called after their names , he created many Earles , Lords , Barons , and Knights . They that were called Thanes as Fiff , Menteith , Athole , Lenex , Murray , Caythnes , Ros , Angusse , were made Earles : many new surnames came in at this time as Calder , Lokart , Gordoun , Seytonne , Lawder , Wauane , Meldrome , Schaw , Liermond Liberton Struchquhan , Cargill , Rettray Dondas , Cock●…urne , Mirtoun , Me●…es , Abercrummy , Listye , names of offices Steward , Du●…ard , Bannerman . At this time William Duke of Normandy conquered England holding battaile with King Harold , and killed him in the yeare of Christ 1066. Edgar within age rightfull heire of England , seing the crowne conquerd , was desperate to succeed any way to the gouernement . To eschew all apparant d●…unger he tooke shipping with purpose to returne with his mother and sisters into Vngerland , by contrary winds he arriued in Forth in a part called the Queenes Ferrey . King Malcolme was at that time in Dunfermling , he came and tenderly receiued the said Edgar with his mother and sisters , and married Margaret eldest sister to the said Edgar , William the conquerour hearing of his marriage , exiled all the friends of the said Edgar , wherefore they came into Scotland , many people to King Malcolme whome he receiued and gaue them lands as their surnames , Maxwell●…nd ●…nd sundry surnames , came out of Vngerland to Queene Margaret as Creitchton Fotheringham , Giffard Melwill , Borthuike out of Fra●…nce came into Scotland Fraiseir , Scincler , Boswell , Moutray , Montgomery , Cambell ▪ Boyes , Beton , Taylifer and Bothwell . In King Malcolmes time was the Recrosse erected , with the King of Englands Image on the one side , and the King of Sotlands on the other , this stone crosse ( was march betweene the two Realmes , standing in the middle of Stan-moore ; Queene Margaret foresaid daughter to Edward , sirnamed the Outlaw , sonne to Edward Ironside , King of England , a very religious Queene , after called S. Margaret , who beare vnto King Malcolme sixe sonnes ; Edward the Prince , Edmund , Etheldred , Edgar , Alexander and Dauid , and two daughters , Matilda or Mawde ; sirnamed Bona , wife to Henry the fourth , sirnamed Beauclerke , King of England , of whose vertues are extant an Epigram . Prosperit ie reioyced her not , to her griefe was no paine , Prosperity affrayed her al 's , affliction was her gaine , Her beauty was no cause of fall , in Royall state nor pride , Humbly alone in dignitie , in beauty onely good . She founded the Church of Carliel . The other daughter was married to Eustatius Earle of Bolloigne : King Malcolme builded the Church of Durham and Dunfermling . Hee was killed at the siege of Anwike , by one Robert Mowbray , who vnarmed vpon a light horse , came out of the Castle of Anwike , with a Lance in his hand , the keyes of the Castle vpon the point of the Launce , King Malcolme looking earnestly thereunto , the aforesaid Robert Mowbray ran the King through the left eye , and ran hastily into the next wood . King William changed the name of this valiant Knight , calling him Percey , of whom are descended the Earles of Northumberland . King Malcolme died the six and thirtieth yeare of his raigne , and his sonne Prince Edward , both buried in Dunfermling . 87 DONALDVS septimus , Malcolme Cammore his brother ( vsurped the Crowne ) sirnamed Bane , beganne to raigne in the yeare of the world 5063. in the yeare of Christ 1093. after the raigne 1423. Hee was expelled by Duncane , bastard to Malcolme , the first yeare of his raigne . 88 DVNCANVS secundas bastard aforesaid ( vsurped the Crowne ) killed by Mak-pender Thane of Mernis , by procurement of Donald the seuenth , who after was crowned . He gaue the North and West Isles to the King of Norway , to haue his assistance to recouer the crowne : he was taken captiue by his Nobles , and his eyes put out : he died miserably in prison the third yeare of his second raigne , buried in Dunfermling . 89 EDGARVS Malcolme Cammors sonne , began to raigne in the yeare of the world 5068. in the yeare of Christ 1098. after the raigne 1428. a good and religious King , the first annoynted King : he builded the Priory of Coldingham , and died peaceably the ninth yeare of his raigne , buried at Dunfermling without succession . 90 ALEXANDER the first , sirnamed Fierce , succeeded his brother the yeare of the world 5077. in the yeare of Christ 1107. after the raigne 1437. a good and valiant King : he builded the Abbeyes of Scone and Saintcolms Inch ; he married Sibilla , daughter to William Duke of Normandy , the seuenteenth yeare of his raigne , he died in peace , buried in Dunfermling . 91 DAVID . primus , King Malcolms third youngest sonne , began his raigne the yeare of the world 5094. the yeare of Christ 1124. after the beginning of the raigne of Scotland 1454. a good , valiant , and very religious King : he builded many Abbeyes , as Holy-rood-house , Kelso , Iedborugh , Melrose , Newbottell , Holmcultrane , Dundranane , Cambuskenneth , Kinlosse , Dunfermling , Holme in Cumber , two Nunneries , one at Carliel , the other at north Berwick ; he founded two Abbeyes , besides new Castle , the one of S. Benedicts order , the other of white Monkes : hee founded 4. Bishopricks , Ros , Breichin , Dunkeld & Dunblane ; ordeyning them great lands , rents and possessions , al out of the patrimony of the crown . King Dauid of Scotlād in his time possessed Northumberland , Cumber , Huntington and Westmerland ; he married the inheritrix of the aforesaid lands called Mawde , daughter to the Earle of Northumberland , and Iuditha daughters daughterto William the Conquerer King of England . In the time of King Stephen of England he repaired the towne of Carliel with new wals : his sonne Prince Henry died with great lamentation of the whole Realme , hauing three sonnes and three daughters . King Dauid caused Malcolme , ( eldest sonne vnto Prince Henry late deceased ) to be declared Prince of Scotland . After that he past into Northumberland , and made William his second Nephew Earle thereof ; after he went to Carliel , where he made Henry ( the Empresse her sonne Prince of England ) Knight , taking his oath hee should neuer take Northumberland , Cumber , Westmerland and Huntington from the Empire of Scotland : afterwards this victorious and religious King Dauid died in peace , being greatly honoured and beloued of his subiects and neighbors , the nine and twentieth yeare of his raigne : he died in Carliel , and buried in Dunfermling . MILCOLVMBVS quartus ( sirnamed the Mayden ) nephew to King Dauid , began his raigne in the yeare of the world 5123. in the yeare of Christ 1153. after the raigne 1483. a good and milde Prince : he builded Cowper Abbey in Anguisse , and subdued sundry rebellions , died at Iedbourgh , buried at Dunfermling the twelfth yeare of his raigne . 93 GVILIELMVS ( sirnamed the Lion ) succeeded his brother Malcolme , in the yeare of the world 5135 in the yeare of Christ 1165. after the raigne 1495. ( a good & valiant King vnfortunate ) he married Emigerda , daughter to the Earle of Bewmont , who beare to him two sons and two daughters : he builded the Abbey of Abirbrothoke , she builded the Abbey of Bamerinoch , after that the Castle of Bertha was demolished by inundation of waters ( King Guilliam narrowly escaping with his wife and children ) his young sonne and nurse perished , and sundry others : he founded and builded the towne called Perth , and graunted sundry great priuiledges thereunto , now called S. Iohns towne . The King continuing in peace died the nine and fortieth yeare of his raigne , buried in Abirbrothoke . 94 ALEXANDER 2. succeeded his father in the yeare of the world 5184. in the yeare of Christ 1214. after the raigne 1544. a valiant and good King , and seuere iusticiar : hee pacified all rebellion in his Realme ; he agreed with King Henry of England , and married his sister , reteyning Northumberland , Westmerland , Cumber and Huntington , and King Alexanders two sisters were married vnto two great Princes of England . He past into France , and renued the auncient band : in the meane time Iane his Queene died without any succession . The next yeare he married at Roxbourgh Mary daughter to Ingelram , Earle of Coucey in Fraunce , of great beauty , who bare to him a sonne , Alexander who succeeded after him : he died in peace the fiue and thirtieth yeare of his raigne , buried in Melrosse . 95 ALEXANDER tertius , succeeded his father in the yeare of the world 5219. in the yeare of Christ 1249. after the raigne 1579. a good young Prince , being at his coronation nine yeares of age . After that the Kings of England and Scotland , with their Nobles conuened in Yorke , where king Henry the third of Englands daughter Margaret , was married to King Alexander of Scotland . Enduring his tender age the Realme of Scotland was wel gouerned by his Nobles ; be comming to perfect age , willing to execute iustice , summoned the Earles of Mentieth , Athole and Buchquhane , and the Lord of Strabogy , which were all of the name of Comminges , and for non comperance denounced them rebels . They with their assistance being a great number , because there was of the same name ( by the aforesaid Lords ) thirty Knights and landed men . They imprisoned the King in Striueling a certaine space . King Acho of Norway came into the Isles with many Danes . King Alexander to resist him came with a great armie ; there followed a cruell and dangerous battell , long with vncertaine victory , at last the Danes being vanquished , and foure and twenty thousand of them killed , Acho was fugitiue to his Ships : his whole Nauie by tempestuous storme being spoyled ( returned with foure Ships left of his whole Fleete into Norway ) . Then after his sonne Magnus renouncing all title to the Isles , contracted his sonne Hanigo ( to be married with King Alexanders daughter one yeare of age ) at their both perfect age . At this time Alexander Earle of Carrike past to the holy land , hauing a daughter Martha , who succeeding in his heritage , who married a Nobleman Robert Bruce , sonne & heire to Robert Bruce Lorde of Anandale in Scotland , and Lord of Cleueland in England . This Martha aforesaid inheritrix of Carike , in the third yeare beare the Noble and inuincible Champion , Robert Bruce King of Scotland : Margaret sister to King Henry the third of England , beare to King Alexander two sonnes , Prince Alexander and Dauid , one daughter Margaret , married vnto Hanigo Magnus sonne , King of Norway , who beare to him Margaret called the Mayden of Norway . In this time died Dauid King Alexanders second sonne . Alexander the Prince was married at Roxburge , vnto the Earle of Flanders daughter , whereat many of the Nobles of Scotland and England were present for thetime . The third yeare after Prince Alexander died at Lundors the twentieth yeare of his age , to the great lamentation of the whole Realme ; for in him failed the whole succession of King Alexander the third ( except the Mayden of Norway ) who was begotten on his daughter Margaret before rehearsed . King Alexander by counsell of his Nobles ( after the death of his first Queene ) married Ioleta the Earle of Drux daughter in Fraunce , by whom he had no succession . He builded the Crosse Church of Peblis . He died of a fal off his horse , ouer the west craig at Kingorne , the seuen and thirtieth year of his raigne , buried in Dunfermling . The day before the Kings death , the Earle of March demaunded of one Thomas Rymour , what wether should be the morrow ? Thomas answered , that on the morrow before noone there shal blow the greatest winde that euer was heard in Scotland : on the morrow being almost noone ( the ayre appearing calme ) the Earle sent for the said Thomas , and reprouing him , said , There was no appearance . Thomas answering , yet noone is not past , immediatly commeth a Post , and sheweth that the King was falne and killed . Then Thomas said to the Earle , that is the winde that shall blow , to the great calamity of all Scotland . After the death of King Alexander the third , the Realme was gouerned by sixe Regents ; for the South side of Forth , Robert Archbishop of Glasgiue , Iohn Comming , and Iohn the great Steward of Scotland . For the North side of Forth VVilliam Frester Archbishop of Saint Andrewes . Makduffe Earle of Fif●…e , Iohn Comming Earle of Buchquha●…e : they gouerned the space of seuen yeares . During which time Edward the first King of England sent his Ambassadors into Scotland , for marriage of the Mayden of Norway aforesaid . The Nobles of S●…land being agreed in all points , with the said King Edward ( sirnamed Longshankes ) the Ambassadors of Scotland directed to bring the mayden of Norway , the right inheritrix of Scotland with them : before their arriuing she was departed this present life , by meanes whereof great contention arose betweene Robert Bruse and Iohn Balioll , the deciding of the said matter was by the Nobles of Scotland ( vnwisely ) referred to King Edward . 96 IOHANNES BALLIOLVS was preferred before Robert Bruse , by King Edward , sirnamed Longshanke , who being elected Iudge in the foresaid controuersie , admitting him King , with condition that the said Baliol should acknowledge him for his superiour : which condition ( refused by Rob●…rt Bruse ) hee as an auaritious vnworthy man receiued , began to raigne in the yeare of the world 5263. in the yeare of Christ 1293. after the raigne 1923. a vaine glorious man , little respecting the good of his country , in the fourth yeare he was expelled by the aforesaid King Edward into France , where he died long after in exile , Scotland being without King or gouernour the space of nine yeares : during which time King Edward cruelly oppressed the land , destroyed the whole auncient monuments , and shedde much innocent blood . About this time William Wallace , sonne to Sir Andrew Wallace of Cragy Knight , of huge stature and maruellous strength of body , with good knowledge and skill in Warlike enterprises ; hereunto such hardinesse of stomacke , in attempting all maner of dangerous exploits , that his match was not any where lightly to be found : he bare inward hate against the English Nation , when the fame of his worthy actes were notified , many Nobles and Commons were ready to assist him : therefore hee was chosen Gouernor vnder the Baliol , to deliuer the Realme from bondage of England . At this time many Abbeyes and spirituall Benefices were in Englishmens hand , which he by commission of the Archbishop of S. Andrew , auoyded and put forth of all partes , and receyuing the whole armie that was vnder the conduct of Iohn Cuning Earle of Bucquhan ; he conquered many Castles , Fortes and strengths out of English mens hands , King Edward being in Fraunce , hearing hereof , sent his Lieutenant Hugh Crassingham with a great armie into Scotland , where VVilliam VVallace encountring him at Striueling bridge , killed the said Crassingham , with the most part of his armie , many being drowned , and few escaping away with life : great dearth being in Scotland , he gathered a mightie armie , and past into Northumberland , wasting and spoyling the countrey to Newcastle ; for he with his armie remained in England , almost the whole Winter from the feast of All Saints , vntill Candlemas , liuing vppon the spoyle of Englishmens goods . King Edward being in Fraunce , hearing the deedes of VVallace , sent his Ambassadour , so●…e menacing him that had inuaded his Realme , which he durst not haue done , if he had beene at home . VVallace answered , that he had taken the aduantage , as he had done in the wrongfull Conquest of Scotland ( he being chosen by the Nobles as indifferent Iudge , and further sent word vnto King Edward , that ( if God fortunate him to liue ) he purposed to holde his Easter in England : and comming with an armie of thirty thousand valiant men into England at the appointed time , King Edward was readie with an army of threescore thousand vpon Staines Moore to giue them battell . Being ready to ioyne , the Englishmen drew backe , hauing at that time no lust to fight , as appeared : the Scots seeing them draw backe would haue followed , but VVallace fearing deceit , stayed them and returned ( with infinit spoyle and booties gotten in that iourney ) into Scotland . King Edward being aduertised that VVallace was greatly enuied by the Cunings , & Robert la Bruse , raised a great armie , and came to Falkirke , and VVallace not knowing of any deceit , raised a great armie to resist being in sight of Englishmen , there began a great contention for the leading of the Vantguard , and by their owne misgouernance , many Noblemen were killed , Robert Bruse was against the Scottishmen that day . Shortly then after VVallace came , and renounced in Perth the Gouernement , and also refused great and large offers of King Edward , to be his subiect , and true man : Iohn Cuning and Simon Froser being admitted Gouernours , King Edward sent a great armie to Perth , subduing the countrey . The aforesaid Gouernours raised an armie of eight thousand valiant men . King Edward sent with Ralph Comfray thirty thousand men , deuiding them in three armies , to passe in three sundry parts through the countrey and to meete at Rosling . The Gouernours aforesaid , encountring with the first ten thousand defeated them , and so at three sundry times in one day the Scots obtained the victory : King Edward impatient hereof , gathered a mighty army of sundry nations , and subdued with great cruelty the most part of the Scottish nation . About this time was Willam Wallace traiterously betrayed by Sir Iohn Menteith at Glascoe , and deliuered King to Edward , and being brought to London , was cruelly executed in Smithfield . King Edward accusing Robert Bruse of a contract made betwixt him and Iohn Cumyng , and he straitly denying the same was aduertised by the Earle of Glocester , of the kings displeasure , causing a Smith to shoe his horses backward in the Winter , the ground being couered with snow he came into Scotland , howbeit he was sharply pursued , and mee●…ng with his brother and some friends , and being aduertised that the Cumyng was in the Friers at Dumfreis . After hard commoning , he suddenly killed him , wherethrough hee purchased many enemies , both English men and Scottish men , and was hardly pursued ( especially by the Cumyngs being then very potent and rich , and a great number of them . 97 ROBERTVS BRVSS●…VS ( sonne to Isabell King VVilliams brothers daughter ) began his raigne in the yeare of the world 5276. in the yeare of Christ 1306 after the beginning of the raigne of Scotland 1636. a valiant king , good and wise ( in his beginning subiect to great affliction and persecution . At last being assisted by Iames Dowglasse ) cosen to William Lambertō Archbishop of Saint Andrewes ) tooke all his gold and horses , with sundrie young valia●…t men of his opinion , who remained with the said King Robert , both in warres and peace to the end of his life . Of this Iames Dowglasse descended the valiant and illuster surname of Dowglasse the sure target , and defence of Scotland , as in old verse sheweth . So many good as of the Dowglasse hath beene , Of one surname was neuer in Scotland seene . King Robert hauing van quishet king Edward the second of Carnaruen being of sundrie Nations to horse and foote three hundreth thousand warriours , and King Robert not aboue thirtie thousand olde , well exercised valiant men at the battell of Bannockburne , deliuered Scotland free from all seruitude of England : All Englishmen being expelled out of the land . Hee married first Isabel daughter to the Earle of Marre , who bare to him Margery , married to Walter the great Steward of Scotland , after her death he married the daughter of Haymerus de Burck Earle of Haltouia or Hulster in Ireland , who bare to him Dauid the Prince , Margaret Countesse of Sudderland , and Mawde that died young . Iohn Balioll transferred his right of the Crowne of Scotland vnto King Robert and his heires . In this time Hanton an Englishman ) for the killing of one Spencer came into Scotland , and was courteously receiued by King Robert , and rewarded him with the lands of Cadyowe , whose posteritie is spread in great number , now called Hamiltons endowed with great honour and riches . King Robert died at Cardrose the 24. yere of his raign , buried in Dumfermling . After this time Sir Iames Dowglasse ( as most worthy champion ) was chosen by the Nobles to passe with king Roberts heart to Ierusalem , and there to cause to bury the same within the temple beside the Sepulchre of our Lord , conforme to the said kings direction , because he had auouched or vowed , till he had past with a great armie in defence of the Christian faith against the Turkes and Saracens ( if he had not beene hindered or stayed by warres at home ) and now preuented by death . Sir Iames Dowglasse willingly obeyed , as he that most faithfully had serued King Robert in his life time , and inclosing the heart in a case of gold , enbalmed with sweet spices , and precious oyntments , accompanied with Sir William Sinclair , and Sir Robert Logane , with many other noble and valiant men , past and buried the said heart with great reuerence and solemnity at the place appointed . Therefore the Dowglas buries the bloudy heart in their armes or Coat . There after Sir Iames Dowglasse with his noble and valiant men accompanied with other Christian Princes then present : Many times obtained great victorie against the Turkes and Sarazens . So that by his often victories he purchast great honours of the Christian name . Purposing to returne home , by tempestuous winds , was compelled to land in Spaine vpon the borders of Granad , where he assisting the King of Aragon in his warres against the Sarazens , obtaining great victories . At last ( being negligent of himselfe ) was inclosed with one ambushment purposely lead for him by the Sarazens , he and his most valiantly defending were vanquisht and killed with all his Nobles and valiant men . Thus ended the Noble and valiant Dowglasse , one of the most worthy and renowned knights that was in his daies . It is chronicled that he was victorious against the Turks and Sarazens , thirteene times , and against others his enemies in battell fiftie seuen times in memory of the Dowglasse , in our time there was a port or gate in Danskin called the Dowglas port . Now reedified sumptuously ( called the Hochindure ) the high port , also there are sundrie Earls in the Easterne parts of that name , and specially one was called Graue or Earle Scotus , a great Nicromancer , his title was Ieronimus Scotus , Graue or Earle of Dowglasse , his brethren dwell in Italy . 98 DAVID BRVSSIVS succeeded his father the yeare of the world 5300. in the yeare of Christ 1330. after the raigne 1660. a good Prince subiect to much affliction in his youth , being first after the death of Earle Thomas Ranulph his Regent , forced for his preseruation to passe into France , and returning home at the battell of Durham , was taken and detained prisoner in England twelue yeares , after he was at liberty , hee married the foresaid Iane , daughter to Edward the secōd , king of England , after her death he married Margaret Logy daughter to Sir Iohn Logy Knight , and died at Edenbourgh without succession , the fortieth yeare of his Raigne , buried in Hollyrood house . 99 EDVVARDVS BALLIOLVS , sonne to Iohn Balioll , assisted by King Edward the third , vsurped the Crowne the yeare of the world 5302. in the yeare of Christ 1332. after the raigne 1662. hee was expelled by King Dauids Regents , and King Dauid established . 100 ROBERTVS STVARTVS , the first King of the Stewarts , sonne to VValter the great Steward , and Margery Bruce , king Robert Bruce his daughter , succeeded his mothers brother in the yeare of the world , 5●…41 . in the yeare of Christ 1371. after the beginning of the raigne of Scotland 1701. a good , valiant , and victorious king , hee married Eufame , daughter to Hugh Earle of R●…sse , who bare to him , Dauid Earle of Straitherne . VValer Earle of Athole , and Alexander Earle of Buchq●…ham , Lord Badyenoch , after her death for the affection hee bare to his children begotten before his marriage , hee married Elizabeth Mure , daughter to Sir Adam Mure Knight ; who had borne to him Iohn , after called Robert the third , Earle of Carricke , and Robert Earle of Fiffe , and Menteth and Eufame , wife to Iames Earle of Dowglasse , hee died at Dundonald , and buried at Scone the nineteenth yeare of his raigne . 101 ROBERTVS tertius ( sirnamed Iohn Fernyar ) succ●…eded his father , in the yeare of the world 5360. in the yeare of Christ 1390. after the raigne 1720. He was a modest and peaceable Prince : hee married Annabill Drummond , daughter to the Knight of Stobhall , who bare to him Dauid the Prince , Duke of Rothsay , who died in prison in Falkland , by procurement of Robert Duke of Albany ( who aspired to the Crowne ) and Iames his second sonne , taken prisoner in his iourney into Fraunce , and deteyned by Englishmen the space of eighteene yeares . King Robert died of displeasure ( when he heard his one sonne deceased in Falkland , and the other sonne taken prisoner the sixteenth yeare of his raigne , buried in Paslay . Robert Duke of Albany , Earle of Fiffe and Mentieth , gouerned Scotland the yeare of the world 5376. in the yeare of Christ 1406. after the raigne 1736. Iames the first being captiue in England , a noble and valiant Prince : he died the fourteenth yeare of his gouernment , Duke Murdo Earle of Fiffe and Mentieth , was made Gouernour foure yeares , Iames the first returning home from captiuitie , caused the said Murdo and his sonne to be executed for oppression of his subiects . 102 IACOBVS primus began his raigne the yeare of the world 5394. in the yeare of Christ 1424. after the beginning of the raigne of Scotland 1754. a godly , wise , learned and vertuous Prince , and a seuere iusticiar ; hee married Iane daughter to the Duke of Somerset , Marquesse Dorset , sonne to Iohn of Gaunt , third sonne to Edward the third , the victorious King of England ; who did beare to him two sonnes twinnes , Alexander who died shortly , and Iames the second , who succeeded his father , and sixe daughters ; Margaret wife to Lewes the eleuenth Dolphin , then after King of Fraunce , Elizabeth Duchesse of Britaine , Iane Countesse of Huntley , Elenor Duchesse of Austria , Mary wife to the Lord Camphier , and Annabella : he was killed at Perth trayterously , by Walter Earle of Athole . Robert Grahame and their complices , who were all apprehended and cruelly tormented to death the thirteenth yeare of his raigne , after his deliuerance out of England , and the one and thirtieth yeare after the death of his father , buried in the Charterhouse of Perth , which he founded . 103 IACOBVS secundus succeeded his father in the yeare of the world 5407. in the yeare of Christ 1437. after the raigne 1767. ( a Prince subiect to great troubles in his youth ) hee married Margaret daughter to Arnold Duke of Gilder , sisters daughter to Charles , sirnamed Audax , the last Duke of Burgundy , who bare to him Iames 3. Alexander Duke of Albany ; hee married the Earle of Orkneyes daughter , and begat on her Alexander Bishop of Murray : hee parting with her , married in Fraunce the Countesse of Boloine , and begat on her Iohn Stewart Duke of Albany , who was many yeares gouernour of Scotland . The third sonne Iohn was Earle of Marre , died in the Canon-gate without succession : the first daughter married one Thomas Boyd Earle of Arran , after his death married the Lord Hammilton ; and by that way the house of Hammilton is decorated by the Kings bloud . This King was killed at the siege of Roxebourgh the foure and twentieth yeare of his raigne , buried at Holy-rood-house . 104 IACOBVS tertius succeeded his father in the yeare of the world 5430. in the yeare of Christ 1460. after the raigne 1790. a good Prince ( corrupted with wicked Courtiers ) hee married Margaret , daughter to the king of Denmarke ( sirnamed Diues ) and king of Norway , who in his fauour renounced all title that hee had any manner of way to Orkney , Schetland and the Isles for euer , who bare to him Iames the fourth , Alexander Bishop of S. Andrewes and Duke of Albany , and Iohn Earle of Marre . They died both without succession ; he made peace with King Henry of England , who ( like a liberall Prince ) for the fauour he had receiued in Scotland , restored the towne of Berwicke to the King. Thomas Cochrane and VVilliam Rogers ( his peruerse Courtiers ) were hanged at the bridge of Lawder . The King was killed at Bannockburne the nine and twentieth yeare of his raigne , buried at Cambuskenneth . 105 IACOBVS quartus succeeded his father in the yeare of the world 5459. in the yeare of Christ 1489. after the raigne 1819. a noble and couragious Prince , both wise and godly : he made peace with England , and married Margaret , eldest daughter to Henry the seuenth King of England , & Elizabeth , daughter to Edward the fourth , in whose persons the cruell warres betweene the houses of Lancaster and Yorke were pacified , the foresaid Margaret bare to him Iames the fift : he was killed at Flowdon in battell the fiue and twentieth yeare of his raigne , buried at Holy-rood-house . 106 IACOBVS quintus succeded his father in the yeare of the world 5484. in the yeare of Christ 1514. after the beginning of the raigne of Scotland 1844. a wise valiant Prince , and seuere Iusticiar : he married Magdalen daughter to the King of Fraunce , who died shortly after ; he married Mary of Lorraine , Duchesse of Longeuile , daughter to Claude Duke of Guise , who bare to him two sonnes and one daughter Marie : hee died of displeasure at Falkland , the nine and twentieth yeare of his raigne , buried at Holy-rood-house . 107 MARIA succeeded her father in the yeare of the world 5513. in the yeare of Christ 1543. after the beginning of the raigne of Scotland 1873. ( a Princesse vertuously enclined ) she married Francis Dolphin , after King of France ; after whose death she returned into Scotland , and married Henry Stewart Duke of Albany , &c. Lord Darley , a comely Prince , sonne to Mathew Earle of Lennox ( pronepnoy to Henry the seuenth King of England ) to whom she bare Charles : Iames the sixth now our most gratious soueraigne king , afterwards comming into England , was receiued with greathumanity , and after she was captiue , at length put to death the eighth of February . 1586. 108 CAROLVS IACOBVS sixtus , succeeded to his mother in the yeare of the world 5537. in the yeare of Christ 1567. after the beginning of the raigne of Scotland 1897. a godly learned Prince , indued with singular knowledge , and a sincere professor of the Gospell : he married Anna daughter to Fredericke the second , King of Denmarke and Norway ; and Sophia onely daughter to Ulricus Duke of Meckleburgh , our most gratious Queene , who hath borne the royall and hopefull Prince , Henry Frederikc Prince of Wales , Duke of Rothsay and Cornewall , Earle Palatin of Chester , great Steward of Scotland , and Earle of Carect , the nineteenth of February , 1593. in the Castle of Striueling ; Elizabeth the nineteenth of August 1596. Charles Duke of Yorke and Albany , Earle of Rosse , the nineteenth of Nouember 1600. His Maiesty is now King of great Britaine , France and Ireland , defender of the faith . The Lord of his great mercy , for Christ his sake , encrease all royall vertues in his Highnesse , that he may remaine a comfort vnto Christs Church , within his Maiesties Dominions . To the Authour . THe Romane Tullie , Rose of all that race , Of facund Mercurs ; boldly vnaffrayde In Milos fence , to Clodius deface This sacred sentence in the Senate sayd : Nought only for our selues we 're borne to toyle , But for our friends , and for our natiue soyle . Thou wisely weighed hes these words I finde , Thou cairs to cleere thy countrey from obscure , To please thy friends , thou fram'st thy wit and minde , And by thy light thy countries light is pure : She brought thee forth to light , thou takes like paine , Who made thee see , to make her shine againe . W. T. A TRVE DESCRIPTION AND DIVISION OF THE WHOLE REALME OF SCOTLAND , of the situation , distance , and commoditie in euery part thereof , and of the principall Cities , Townes , Abbeyes , Palaces , Forts , Castles , Towres , and Riuers . SCOTLAND is diuided from England by certaine Marches , from the East Sea , called the Scottish Sea , to the West Seas , called the Ireland Sea , from the mouth of Tweed , vp the same riuer , till it come betwixt Werke and Hadden , where the March leaues the riuer , and passing South-west by dearne wayes , knowne onely to the inhabitants of that countrey , till it come to Redden-Burne , or Water ; and so vp the said Burne , while it come to the height of the Fellis of Cheuiot , and so west by the toppes of the Fellis , 'till a March ditch ( called the Meir ditch ) and so endlong in the Meir ditch , till it fall in the riuer of Carshope , and downe Carshope while it fall in Liddail , and downe Liddail while Eske and Liddail meete , and taking Aiffe at the north side of Eske , goeth endlong a ditch , while it come to the riuer of Sarke , and so downe Sarke while it fall in Sulwait , where the waters of Annan , and Nith , running seuerally in Sulway , all in one channell in the Irish Sea : maketh plentie of fishes : also by ●…owing and ebbing of furious tides , made through many lands ends , and partly by inundation of the said waters , there is very dangerous quicke sands , called Sulway sands , that no man may passe safely ouer them without perill ( except they haue one accustomed guide ) because of sinking holes that are frequent in them , being euery tyde ouerflowed with the Sea. The trauellers take their iourney through them at a low or ebbe water : if any man or horse fall in , his fellow trauellers casting their clokes or other clothes about that part where he sinkes in , and so running often about , the sand swels vp in a height , and so vomits out that which is fallen in the sinking hole . Vpon the banckes of Sulway in Iune and Iuly , the countrey people gather vp the sand within the flood-marke , bringing it to land , and laying it in great heapes . There after taking the salt spring water , and casting it vpon the sand ( with a certaine deuice ) causing the water to runne through the sand to a hollow pit , purposely made to receiue the water : which water being boiled in a little vessell of lead , there is made thereof good white salt , and sometimes gray salt , after the temperance of the weather . This part is called the salt ●…oats . The reason of the variation of the foresaid Marches was , vpon diuers debates and controuersies , arising betwixt the borderers of both the Realmes ; which being referred to the arbitr●…ment of sundry Commissioners , of both the Nations , were set down according to the power of the parties . Thus the Marches being set forth particularly , beginning at the Mers , wherein at the mouth of Tweede stands the auncient and martiall towne of Barwicke , and strong Castle , well walled and strengthned : the chiefe town of the Mers , the Scottish Sea on the East . Next is the towne of Haymouth , with the Castles of Aytowne , Hutonhall , Mander●…own , Cockburne , Easter and Wester Nisbets , with Wedderlie , the towne and Abbey of Coldingham by the Sea. South-west from Barwicke lies the towne of Duns , the towne of Langton with the Castle , the Abbeyes of Coldstreame and Ecklis demolished , the Castles of Craighame , the Earle of Homes principall Residence , and Wedderburne , the very strong Castle of Fastcastle . The riuers in the Mers are Ei , Whittitur , Blakitur , and Ednem water . This countrey is plenteous and abundant in all things necessary for the vse of man. West from the Mers lies Tewiotdail , Liddisdail , Ewisdail , Eskdail , Wauchopdail , and Annandail , taking their names from T●…ot , Liddil , Ews , Eske , Wauchope , and Annan , running seueraily through the said Dailes . In Tewiotdail lies the auncient strong Castle of Roxbourgh demolished . The Castle of Cesfurd , the Lord of Roxbourgh speciall Residence : the Castles of Little-deane , and Makerstowne , the auncient towne and Abbey of Kelso , with the Castle of Flures , the towne and Abbey of Iedbourgh , the Castles of Bown-iedburgh , Hunthill , Hu●…delie , Crailing , and Edyarstowne , with many other stone strong houses , tedious to describe , the Towne and Abbey of Melrose , the Towne and Abbey of Driburgh , the Towne of Hawicke , the Castles of Kaiwers and Branxholme , the Lord of Balcleuchs special Residence . The Riuers in Tewiotdail are Tiot , Tweed , Kail , Auchnom , Ied , Rewl , Slitricke , Borthuike and Eall . In Liddisdail is the auncient Castle of Harmetage : The Castles of Prickinhauch , Mangerstowne and Whittow In Eskdail is the Castle of Langhome . In Annundaile is the Castle of Lochmabane , inuironed with a number of Loches , replenished with diuers goodly fishes . The Lord Maxwels speciall residence . The townes of Annandaile are , the towne of Annanwich , a strong demolished Castle , the towne of Lochmabane , the towne of Moffat , the Castles of Bonschaw , Newby Bred-kirk , Hoddon , Howmanis , and Hoddamstans , next standeth the watch tower of Repentance . The Castles of Loch-house , Loch-wood , Speldings , Ros , and Kirk-Michael . The riuers in Annandaile are Annan , Sark , Kirtill milk , Ey , Kinnill , Ewan , and Moffat , a fertile countrie , and good for pastoring : West from Annandaile lies Niddisdaile , taking the name from the water of Nith , where stands the towne and Castle of Dumfreis with a pleasant bridge of large fine stones , the towne and castle of Sanquhar . The Lord Sanquhars speciall residence the town of Disdeare , the Colledge of Lincluden , the Abbey of Haliwode . In Niddisdaile are diuers ancient houses , and Castles demolished : And yet standing , the strong Castle of Carlauerock , the ancient Castle of Drumlainrig , and Disdeir , the ancient Castle of Mortoun demolished , the Castles of Closburn , the Castle of Torthorrall , the Lord of Torthorrails , principall residence , the Castles of Muswell and Glencarne . North from Niddisdaile a little inclining to the East lies Cliddisdaile . Cliddisdaile taking the name from the riuer Clyde beginning at Crawfurd moore , wherein lies Crawfert-Iohn , Dowglasdale , Ewendaile ; Carne-wath moore , Bodwell moore , the townes of Cliddisdaile are Lanarke , Hamilton towne and Palice . The Marquesse of Hamiltons speciall residence with the Castle demolished , Boithwell with the Colledge . The Citie and Castle of Glasgow , the Archbishop seate , verie populous with a sumptuous Cathedrall Church containing a lower and ouer Church , couered with lead , also a flourishing Vniuersitie in liberall sciences and Theology : adiacient to this Citie is a large stone bridge ouer the riuer Clide , wherein falles diuers other the riuers as Ewen , Dowglasse●… , Lismehago , there is an Abbey of the same name , the water of Ewan , the water of Cadder , the two Maidens , and Cutter water . In Cliddisdaile is the Castle of Crawfurde , the ancient Castle of Dowglasse , the Earle of Anguish principall residence . The Castles of Crawfurd-Iohn , Lamington , Couthley , the strong Castle of Draffan . This countrey is plentifull of all necessaries . In the ouer ward of Cliddisdaile , there is a hill or mount where ou●… springs three riuers , Tweed running in the Scottish Sea , Ann●…n in the Irish Sea , and Clide in the great Ocean , South-East from Cliddisdaile lyeth , Tweddaile , named so from Tweed , the speciall towne is Peblis with a religious house called the Crose Church , and the Castle of Drochellis , with the strong Castle of Neid●…eth , the Lord Z●…steris residence . The Castles of Traquhair , Grisum , Ormstoun , Horsburge , Dawicke , Dremmelger , Smithfield , Cringeltie , and Dearn-hall . The waters of Tweddaile are Tweede , Quair , Mamier , Higger , Tarffe , Lyne Peblis water , and Lithnops . This countrey is good for pasturing . East from Tweddaile lieth Heriot moore , Galla water , and Lauderdaile , with the towne and Castle of Lauder , taking the name from the water of Lidder , there being pendicles of other Shieres , I omit particularly to describe them , South from Tweddaile lieth forrest Shyre , ●…he speciall towne is Sel-kirk , three miles distant therefrom is the old Castle of Neuwark . There is two goodly Riuers , Zara , and Ethrik , both falling in Tweede , Zara cometh out of a great Loth called the Loth of the Lowis , wherein is abundāce of fishes , this country is also good for pasturing . Lothian , taking the name from Loth King of the Pi●…s is deuided from the Mers , by one part called the Easter peece , & by Lammer-mure on the South from Tweddaile on the Southwest . In East Lothian are the Castles of Dunglasse , Innerwick , Broxmouth , and Spot , Stanypeth , Waigtoun , Whittingham , Nunraw , Harmostoun , Saltoun , Kieto , Winttoun ; Ormestoun , the townes in Lothian are Dumbarre , with a stong Castle demolished the townes of Tuningham , and North Barwicke with an Abbey , Dirltoun and Castle , Fentoun towne and Castle , Seitoun towne and Pallace . The Earle of Winton speciall residence , the strong hold and Castle of Tamtalloun , the towne of Aber-Lady . Haddingtun towne and Abbey , the Castle of Lethingtoun , the Lord Thirlstans speciall residence , the the castle of Creichtoun , Sowtray Abbey , the towne of Prestoun with the castle , the towne of Prestoun pannes , the townes of Tranent , Mussilburgh , and Enneresk . The towne of Dalkenh with the castle , the Earle of Mortons speciall residence , the towne of New-botlie , with the Abbey : The Earle Lothians residence , the towne of Letth a commodious hauen for ships , and the Sea port of Edinburgh right well shipped . Edinburgh , the speciall and headburgh in Scotland , chiefe Iustice seate of the Realme , strongelie builded with stone . The most part of the houses are fiue , sixe , or seuen stories high , wherein is a goodly Vniuersity , florishing in all sciences , for instruction of the youth ; fortified on the West , with a most strong Castle builded vpon a high rock , kept by the Kings Captains , which Castle commands the said burgh , called of old the Maiden Castle , founded by Cruthneus Camelon , the first King of Picts . Before the birth of our Sauiour 330 yeares : Circuite vpon the East , South and West with a stone wall , and vpon the North strengthned with a Loch . It is also decored with the kings Pallace , and Abbey of Holy Rood-house vpon the East part : within seuen miles to this burgh , vpon the East , South and West parts , and within two miles vpon the North part , there is of Noble and Gentlemens Pallaces , Castles and strong builded Towres and stone houses ( not as yet nominated ) aboue an hundreth . Also the towne of Cramond , lying vpon Almond . The riuers in Lothiane , are Tene , Aske , the riuer of Leith , the water of Almond , Lothiane is very plenteous & right abundant in all things necessary for the vse and sustentation of man. Next East Lothian lies in West Lothian , the Shirifdome of Linlithgow , with the towne of Linlithgow , and the most pleasant Kings Pallace , with a very commodious Parke and Loch vnder the Pallace wall . Not farre distant is the strong Fortresse and Castle of Blacknesse , inuironed with the Sea. The ancient demolished Castle of Abercorne , the towne of the Queenes ferry . The Castles of Dundas , Barnbugall , Cragiehall , Didestowne , Newlistowne , the towne of Kirklistown , the Castles of Neddrie , Cadder , Torphican , Kinneil , the towne of Bareston Nes. Auenne water , whereon there is a stone bridge , deuides Sterling shire from west Lothean at the South : the Firth or Forth at the East ; which Firth piece and prede becommes narrow , till it grow to the quantity of a reasonable Riuer , neerer vnto Striueling bridge . There is but one water worthy to make account of , that runnes thorow it , named Carron . There are two little earthen knols , builded as may appeare , by men , ( being auncient monuments ) called Duini pacis , that is , the knols of peace . Two miles downward vpon the same water , there is a round building without lime , made of hard stone , in such sort that one part of the vppermost stones i●…denied with the stone that lies directly vnder it ; so that the whole worke , by this coniunction mutuall , and burthen of the stones , vphold it selfe ; growing narrow by little and little from the ground to the head , where it is open like a Doue-coat . The common people call it Anthurs Ouen . Vpon Carson was situate the famous Citie of Camelon , chiefe citie of the Pictes , founded by Cruthneus Camelon , afore the birth of Christ three hundred and thirty yeares , destroyed and abolished by King Kenneth the great , about the yeare of Christ 846. In this country is the Abbey of Manwell ; the Castles of Haning , Powerile , and Cummernald , the Earle of Wigtowns Residence , with the woode , the ●…ore wood , and tore wood side , the towne of Falkirk , the Castles of Kers , and Calender , the Earle of Linlithgow Residence . The Castles of Donipace , Harbertshire , west Quarter , Arth , Poffowles , Carnoke , Bruse Castle , the Palace of Elphigstowne , the Lord Elphingstones residence , the Castles and Towers of Easter and Wester Polmais , and Chattrishall . the auncient towne , with the most strong fortiesse and Castle , and sumptuous Palace of Striueling , builded vpon a high rock , with a pleasant and commodious Parke vnder the Castle wall . In this shire is the Castles and Towres of Towch , Gargunnok , Broich , Lekke , Dundaffe , Kilsyith , Manners , and Powes . Beyond the bridge of Striueling lies the Abbey of Cambus , Kinneth , with the Castle , the Towne and Castle of Alloway , the Towne and Castle of Clackmannan , the Castles of Tulliallan & Sawchy , Blair , Valeyfeild , Kinnedder , Aikinhed , Menstre , the town and Abbey of Culrosh , with the new builded Palace . Next adiacent to Striueling shire lies Lennox , diuided from the Barony of Renfrew , by Clyde : from Glasgow , by the water of Heluin , at the foote of the hilles of Grangebean , Loch-lomond runnes downe a low valley foure and twenty miles of length , and eight of breadth , hauing more then twenty foure Islands within the same . This Lo●… besides abundance of other fishes , hath a kinde of fish of the owne , named Pollac , very pleasant to eate : the water of Leuin runneth out of Loch-lomond Southward , which water hath giuen the name to the country , running so strong , that no man ( without danger ) may passe the same . Lenin entreth into Clyde , neere to the most strong and inuincible fortresse and Castle of Dumbarton , standing vpon very high Rockes , with abundance of fresh water springs , one spring being in Summer wholsome cold , and in winter sweete , warme : no rocke nor hill , being within more as a mile to the foresaid strength and Castle . Next adiacent is the towne of Dunbarton , pleasantly situate vpon the Riuer of Leuin , the principall towne in the Duchie of Lennox ; within the which there is many strong Castles , Towers and stone houses , as the Castles and Towers of Kirkmichael , Rosdo , Tarbat , Arnecaple , Kilmahow , Ardeth , Kilmarannoch , Buquhannane , Drummakeil , Cragiuarne , Ballindalloch , Kilcroch , Balglas , Fentrie , Duntreith , Craigbarnut , Clorct Woodhed , Cochnoch , Balquhannaran , Drumry , Dunglas with sundry others tedious to declare . The Duke of Lennox is superior to the most part of the Gentlemen inhabitants in this countrey , and many in the Barony . Next lies the Barony of Renfrew , taking the name from the towne of Renfrew , wherein the Session of Iustice is kept to the Countrey . It is diuided in the midst by two waters , both called Carth. The towne of Paislay pleasantly situate vpon the riuer Carth , with the Abbey thereof , the Earle of Abircornes speciall Residence , with most pleasant Orchards and Gardens . In this countrey lies the Castle of Sempil , the Lord Sempils special Residence , with the Castles and Towers of Crukstone , Marns , Cathcart , Hag , vpper Pollok and nether Polloke , Hakket , the Lord Ros residence . Cardonald the Lord of Blantyrs residence , Blackhall , Caldwel , Stanelie , Ellerslie , Ihonstown , Waterstowne , Ramfuley , Dochail , Raalstowne , Biltries , Craganis , Housloun , Barrrochane , Dargewell , Blackstoun , Selwiland , Walkinshaw , Inchchennā , Arskin , Bishoptoun Boghall , Funlastown , New werke , Grinoke , Ardgowan , Glengarnoch , Kilburne , & Lady-land , with many others , strong stone houses tedious to rehearse . These countries aforesaid are plenteous in cornes bestiall and fishings . Next lies Cuningham , deuided from Kyle , by the water of Vrwine : at the foote thereof is situate the towne of Vrwine , a goodly Marchant towne , with a strong stone bridge . The towne of Kilmarnocke , the towne and castle of Kilmaris , the Earle of Glencarnes residence , the town & castle of Newmils , the towne of Salt Coats , where great store of white Salt is made , the towne of Largs , the town and Abbey of Kilwinning , the Castle of Deane the Lord Boyds residēce , the Castle & Palace of Lowdon the Lord Lowdons speciall residence , the castles of Eglintowne , Kirelaw , Ardrossin , the Earle of Eglingtowns residence , Cuningham-head , Blair , Robertland , Gyffin , Eastwood , Calwel , Rowallen , Law , Fairly , Kelburne , Arneil , Knock , Skelmurly . In the towne of Vrwine the Iudge Ordinary holdes iustice . Kyle and Cuningham were called of olde Silu●…a . Their countries are fertile in cornes and bestiall . Next lies Kyle , diuided from Carricke , by the water downe , which descends out of Loch-downe , wherin there is a strong tower builded vpon an Isle . This water runnes West in the Firth of Clyde , in the midst of Kyle runnes the water of Air , which diuides Kyle in Kings Kyle , and Kyle Stewart , a part of the Princes principalitie . At the mouth of the water , on the South side is situate the auncient Marchant towne of Air , taking the name from the water , the principall Bourgh of the whole Shire , pleasantly builded in a plaine field , hard on the Sea , very populous , and well shipped , with faire stone houses , most couered with blew sklate , with a large stone bridge , passing to the new town of Air , with a castle and Palace . The towne and castle of Machling , the town and castle of Cumnoke , the towne of Preseike , the iustice seate of Kyle Stewart , the townes of Gastown and Ricardtown , the castles of Dundonald , Sundrum , the Lord of Cathearts residence . The Castles of Ochiltrie , with the towne , the Lord Ochiltres residence . The castles of Caprintown , Gaitgirth , Cragie , Entirkign , Gastown , Sesnocke , Carnal , Bar , Loc●…oreis , Terringean Cars , Drongane , Sorne , Dregornie , Sornbeg , Monton , Afflecke and Barskymmyn , the Loch of Martuane , with a strong tower . Loch fergus , with an Isle , with many growing trees , where great plenty of Herons resort , with the Loch of Feal : there is a decayed Monastry in it . The Riuers in Kyle are Air , Luggar , Feal and Sesnocke , Luggar and Feal runnes in the water of Air , and so in the Firth of Clyde . The water of Sesnocke runnes in the water of Vruing , and so in Clyde . This countrey abounds in strong & valiant men , where was borne the most renowned and valiant Champion William Wallace , in the Barony called Ricardtown , then his fathers Style , thereafter of Craigy and Ricardtowne . Fiue miles from Air is a place called Coels field , where the King of Britons called Coell was killed , by the Scots and Pictes , vpon the water of Dewne . This countrey is plenteous of bestiall , reasonably corned with abundance of Cornes . Next Kyle lies Carrick , bordering with Galloway , vnder Lochrean , of old called Loch-calpin , declyning while it come to Clydis-firth : in Carricke are two goodly waters , plenteous of fishes , the water of Stinchar , at the foot thereof stands the towne of Ballintrea ; where is great plentie of Herrings and other fishes , the castles of Arstinchar , Craigneil , builded vpon a strong rocke with the castle of Knockdolean . Vpon the water of Girwane are the castles of Bargany , Blairquhan , Dalwharran , Cassils , Dunure , the Earle of Cassilis residence . The castles of the Koe , Ardmillanx , Careltowne , Killoquhan , Baltessane , Keirs , Auchendrane , the abbey of Corsraguel . There was a goodly Merchant towne , of olde called Carrike , founded by Caratake King of Scots , whereof remaines nothing : the principall towne is now Mayeboll , where the Iudge ordinary holds iustice . Next adiacent with Carricke lies Galloway , of olde called Brigantia , bordering with Niddisdail , almost declyning to the South ; the shire whereof inclosed , all the rest of that side of Scotland is more plentifull store of bestiall Thane cornes . The waters of Galloway are Vre , Dee , Terfe , Fleit , Kenne , Cree , and Losse ; which runne all in the Ireland Sea. There is almost no great hils in Galloway , but it is full of craggie knols : the waters gathering together in the valleyes betwixt those knols , make almost innumerable Loches ; from whence the first floud that comes before the autumnall Equinoctiall , causeth such abundance of waters to run , that there come forth of the said Loches incredible number of Eeles , and are taken by the countrimen in wand creeles , who salting them , obtaine no small gaine thereby . The farthest part of that side is the head , called Nouantum , vnder the which there is a hauen at the mouth of the water of Lossie named Rerigonins . In the other side of Galloway , ouer against this hauen from Clyddis-forth , there enters another hauen named commonly Lochryen , or Vidogora : all that lieth betwixt those two hauens , the countrey people call the Rynes , that is , the point of Galloway : Also Nouantum , the M●…le , that is , the Becke , In Galloway are the townes of Kirkcubright well situate for a merchant towne a good Harbery , with a Castle Whithorne is the Bishops seat there . Wigtoun a goodly Market town , the towne of Innermessane , Minigooff , and Saint Iohns Clachane . The Abbey of new Abbey Glenluse , Sall-Syde , Dundrenan , and Tongland , the Castles of the Treaue , Barcloy , Hillis , Orchartoun , Bomby in Lochfergus , Cumpstoun , Cardenes , Wreythis , Kenmure , Kirkgunze . The great strength and Castle of Crowgiltoun , builded on a rocke hard on the Sea , the Castles of Garleis , Large , the greate Castle of Clare , the Castles of Dunskaye , Corsell , Lochnee , the Loches of Galloway are Ruhinfranco , Carlingwork , Myretoun which neuer freezes , for any frost that chances . The westmost of the hils of Grangebean make the border of Lennox , the hilles are cutted by a little bosome of the Sea named for the shortnesse thereof Gerloch at the entrie thereof standeth the Castle of Roseneth , beyond this Loch there is a greater Loch named from the water that runneth in it Lochlowng , this water is the March betweene Lennox and Cowall , this Cowall , Argyle , and Knapdall altogether called Argyle are deuided in many parts by many narrow creekes that run out of the firth of Clyde into them . In Cowall is the Castle and towne of Dunnone , where is the Bishop of Argyle his seate , there is one most notable Loch called Loch fyne , which is in length threescore miles : vpon Lochfyne is situate the Castle Palace and towne of Inraray , the principall residence of the Earle of Argyle : Also doth the Sheriffe of Argyle keepe his Courts of Iustice , this Loch is most plentifull of Herings and all other fishes : On this Loch are situate diuers Castles and Gentlemens places , as Castle Lauchlane , the Otter and Dunetrewne in Knapdall is Loghaw , and therein a little Ile where there is a strong Castle of the same name , there is also the Castle of Tarbat . In Argyle is the strong Castle of Carriek , builded vpon a rocke , within Loch goyle , there is also the Colledge of Kilmun , the water of Awe runneth out of Loch-how , and is the onely water of all that countrey that doe run in the Dewcalidon Sea. South and by VVest from Knapdall lieth Kantere : The head land of the countrey right ouer against Ireland , deuided by the sea , of the breath of sixteen miles onely . In Kantere is the Castles of Dunauerty , and Sadell , the towne and Castle of Kilkerraine , situate in the Loch of the same name Kantere is more long then broad , ioyning to Knapdal by so narrow a throat about one mile of breadth , which ground is sandy , and lieth so plaine and low that Marriners drawing along , their vessels as gallies and boats through it makes their iourney a great deale shorter then to passe about Kintire which is the common passage Lorne lies next , & Contaygne with Argyla on the backe thereof where standeth the most ancient Castle of Dunestaffage , in which were the Kinges of Scotland in old times crowned , where also the Marble fatall Chaire remained more then one thousand yeares . In Lorne are also the Castles of Carnacery , and that of Makdules built vpon a right rockie mountaine . The countrie of Argyle , Knapdall & Cowell do abound of bestiall , kye , sheepe and great store of venison , and abundant in fishes . Lorne marcheth still with Argyle vntill it come to Haber , or rather Loch-haber : A plaine countrey not vnfruitfull . The countrey where the hilles of Grangebean are , most easie to be trauelled , named broad Alben , that is to say , the highest part of Scotland . And the highest part ●…of broad-Albin is called Drumalbin , that is the backe of Scotland so termed . For forth of the backe waters doe run in both the seas . Some to the North , and some South . Habre or rather Lochaber marcheth with Badzenoch , which hath as it were a backe running out through the midst of it , which spouts forth waters in both the seas , Lochaber marching with Badzenoch , tending by little and little towards the Deucalidon sea , a country aboundant in cornes and great plenty of fishes , for besides the abundance of fresh water fishes produced by a great number ot waters , the Sea runnes within the countrey , in a long channell , and being narrow at the mouth , the water kept in betwixt two high bankes , and spreading wide inward , makes the forme of a Stanke , or rather of a Loch , a place where ships may lie sure as in a hauen adiacent with Calkmananshire , lies Fyffe , beginning at the towne of Torre-burne , with the castles of Torre , Cromby , Pickfirran , Pictincreiff , the towne of Dumfermling and Abbey thereof , founded by King Dauid the first , the Kings of Scotland were buried there a long time , the Pallace therof now repaired by the Queenes Maiesties cōmand , & charges where the Earle of Dumfermling Chancellor of Scotland hath his residence . The towne of Lymkellis with the castle of Rossynh , the towne of the Queens ferry vpon the North. In the middle of Forth , vpon a rocke is the fortresse & decayed castle of Inchgaruy . By East lies in the same water Saint Colmis Inch , with a demolished Abbey , abundant with conies , and good pasturing for sheepe . Next in the mid Firth lies Inchkeith with a demolished Fortresse fertile of conies , and good for pasturing of sheepe . East from Inchkeith , within Forth lies a very high and big Rocke inuironed with the Sea ; called the Basse , inuincible hauing vpon the top a fresh spring where the Solane geese repaires much , and are very profitable to the owner of the said strength . Next the Basse in the mouth of Forth lies the I le of May a mile long , and three quarters of a mile in breadth , there was a religious house , with many fresh water springs , with a fresh Loch abundant with Eeles : This I le is a goodly refuge for saylers in time of tempest . By East the I le of May twelue miles from all land in the German seas , lies a great hidden rocke called Inchcape , very dangerous for nauigators , because it is ouerflowed euery tide . It is reported in old times vpon the said rocke , there was a Bel fixed vpon a tree or timber , which rang continually , being moued by the Sea , giuing notice to the saylers of the danger . This Bell or Clocke was put there , and maintained by the Abbot of Aber-brothok , and being taken downe by a Sea Pirote , who a yeare thereafter perished vpon the same rocke with ship and goods in the righteous iudgement of God. Returning to the ancient towne of Innerkething , adioyning thereto is the most comfortable and safe refuge for saylers in time of storme , called Saint Margarets hope . The castles of Dunnybirsill , Dalgatie , and Fordell , the towne and castel of Aberdour , the Loch of Cowstoun , the castell of Orterstoun , the towne of Brunt-Iland , with the castle , the castels of Balmuto , Balwery , Hal-randes , and Raith . The towne and castell of Kingrne , the castles of Seyfield , and Abbots-hall : the towne of Kirkealdy , the castles of Bogy & Rauens-houch , the Lord Sinclairis speciall residence , towne of Dysart , the towne of VVesterwemis and the castle , the castle of Easterwemis , the Lord Colweil chiefe residence , the townes of Buckhauen , and Lewynis mouth , so named from the riuer of Lewin out which comes of Loch-Lewin , the towne of Kenneway , the castles of Dury , Lundy and Largow , with the towne thereof , the castles of Rires , Bulchares , and Kinnochar , with the Loch thereof , the towne of Earles ferry , the castles of Kelly and Ardrosse , towne of Eliot . The towne and castles of Saint Monanes , Carnbie , and Balkaskie , the towne and Abbey of Pictonweme , the Lord of Pictonwemes residence , the townes of Anstruther with the castle , the castles of Bofy , Pitterthy , the townes of Innergelly , and Siluer-dikes : the castles of Erdry , third part , West-Berns , the towne of Craile , with the Prouestry and demolished castle , the castles and towres of Balcomy , Wormestoun , Randerstoun , Newhall , Camno , Kipper , Pitmille , Kinkell , Strawithy , Lamberletham , Lachochar . The Citie of Sanctandros , the Metropolitane and Archbishops Seat , with a strong Castle and Abbey decored with three Vniuersities for learning in all sciences . In old time the Churches in this Citie most curionsly and sumptuously builded , and now decayed from this Citie West vpon the water of Eddin lies the Castles of Nydy , Rumgary , Dairsey , Blebo . The towne of Cowper , the chiefe Iustice seate , the Castle of Corstoun , the Castle of Struther , the Lord Lendsayes principall residence , the Castles of Inglishtarwet , Craighall , Bruntoun , Balgony , the towne of Merkinsche , the towne of Falkland with the kings Palace , with a pleasant parke aboundant , with Deares and other wilde beasts . The towne Stramiglo with the Castle , the Loch of Rossy , with the Tower thereof Hill-Carney and Nachtoun . The two promontories called the Loumonds , the towne of Leslie with the Castle , the Castles of Straith-Endrie , and Arnat , the Loch of Inchgaw , with the Castle within , the Castles of Dowhill , Killerny , Ady , Cleisch , the Loch of Loch-lewin with a strong Castle , aboundant in all fresh fishes , with the New-house adiacent thereto , the Castle of Burley , the Lord Burleyes residence , the Castle of Balluaird , the towne of Newbrough , the Abbey of Lundors , the Lord of Lundors residence . The Castle of Bambreich , the Earle of Routhous speciall residence . The Abbey of Balmerinoch , The Castles of Collarny , Ferne , Perbroth , Mordocarny , Maquhany , Forret , Kynneir , the towne of Lucers , with the Castle , the Castles of Earleshall , Colluthy , the townes of East and West Ferreis , the riuers in Fyiff are Lewin , Eddin , Ore , Lochty , the two Quichis , the waters of Largo , Kendlie , and Stramiglo . This countrey is abundant in cornes , fruits bestiall , and all sort of fishes , with abundance of coale and salt : and all the aforesaid Sea townes , very populous and wel shipped . Straitherne taking name from Erne , which runneth out of Locherne . The principal country of Perth-shire is diuided on the South from part of Fiffe , Kinroshire & Clakmananshire by the Ochel hilles , the tops of the hils seruing for march : for as the water springs doe fall towards the North , they belong to Straithern , and as they fall towards the South they appertaine to Kinroshire , Culroshire , and Clakmananshire , by ambitiō diuided : in old times all their three shires were vnder the iurisdiction of Perth . The Stewartrie of Mentieth , liand in Perth shire , wherein lies the Abbey of Inch-mahomo with the castles and towers of Cardrose , Archopple , Balinton , Quolze , Burnbanke , Row , Keir , Knockhill , Calendar , Leny , Cambusmore , Torre and Lainricke , lying vpon Teith water , giuing the name to Montieth . The strong Fort and castle of Downe . Nowtowne , Argatie and Kirk-bryd , the Earle of Monteiths residence . Next lies in Perthshire , the citie of Dumblane , the Bishop of Dumblans residence , the castles and towers of Kippinrose , Cromlix , Buttergasse and castle Campbell . Returning to the towne of Abirnethy , sometime the Metropolitane citie of the Pictes , liand in Straithern , marching with Fiffe , where the Earle of Angusse hath there Sepulchres . By Mugdrum and Balgony runneth the riuer of Erne in Tay , which is the greatest riuer in Scotland . At the foote of the Ochellis lies the castles & towers of Craigpotte , & Knight-potte , Fordel , Ardrose Balmanno , Exmagirdle and Forgon , where the water of Meth flowed from the Ochellis , giuing name to the castle of Innermeth , the Lord of Innermeths residence . The castles and Towers of Condie , Keltie , Garuoke , Duncrub , Newtowne , Glenaigles , the towne of Doning and Auchtirardour , the castle of Kincardin , the Earle of Montroze speciall residence , the castles of nether Gaske and Tullibardin , the Earle of Tullibardin speciall residence , the castles and towers of Aurchtermachonie , Orchell , Pannels , Ardoch , Braikoch and Craigrossie . The castle of Drymmen , the Earle of Perths residence : the castles and towers of Balloch , Petkellany , and Boreland . Betwixt Erne and Tay lieth Easter and Wester Rindes : the castles and towers of Fingaske , Kinmonth , Elcho Abbey and castle , Easter and Wester Montcreiffis , Malar , Petthewles , Balhoussie : the ancient bourgh of Perth , pleasantly situate vpon the riuer of Tay , betwixt two commodious greene fields or Inches , founded by King William , sirnamed the Lion , after the abolishing of the castle of Bertha by inundation of waters , about the yeare of Christ 1210. the King giuing great and ample priuiledges to the said burgh , decored with a large and long stone bridge ouer Tay , of eleuen Arches , partly decayed , & now reedifying ; hauing reasonable commodities for shipping , with goodly fishings , of olde decored with sundry Monasteries , and specially the Charterhouse now demolished . The strong castle of Dupplin , the Lord Oliphants speciall residence : the castles of Huntingtore ( of olde called Ruthwen ) the castles and towers of Methwen , Bachilton , Logyalmond , Cultmalindis , Tibbermure , Tibbermallow , Keillour , Gorthy , Trewn and Strowane , the town of Fowlis , the castles and towers of Cultoquhay . Abircarny , Inchbreky , Monyuard , Carriwechter , Fordee , Comrre , Williamstowne and Durndone , with the town of Creiffe , Octhirtyre and Milnabe : the abbey of Incheffrey , the Lord of Incheffreyes residence , Innerpeffry , the Lord of Mathertyes speciall dwelling . Betwixt Almond and Tay lies the Stormond of Straitherne , wherein is the castles and towres of Strathurd vpper Bāchels , Inchstrewy , Ochtirgewin , Arlywicht Tullibeltane , Innernytie , Inchstuthil , Murthlie , the auncient demolished castle of Kinclewin , where the water of Ila runneth in Tay. In their countries are the riuers of Farg , Meth , Erne , Vrdachy , Schiochy , and Lochtre , falling in Almond , where Lous werke made of stone , receiues a great channell of water , passing to Perth , whereon stands many mils , and filling the ditches to Spey tower , the rest of Perth is compassed with a stone wal . The citie of Dunkeld the Bishops seat situate vpon Tay , with little Dunkeld , the water of Brane fals in Tay , giuing the name to Straitbrane , wherein is the castle of Trocharry : adiacent to Dunkeld lies the castles and towers of Rotmell , Carny , Cluny , Loch and castle Gowrdy , Mekilhour , Lethandy , Glesclun , Drumlochy , Gormoke , Blair , Ardblair , Craighall , Rettray and Forde . In Straithardell , named from the water of Ardell , lies the castles and towers of Morkley , Assintulle , and Innerthrosky : in Athole liand in Perthshire , is the great and strong castle of Blair , the Earle of Atholes speciall residence ; the castles and towers of Strowane , Ballachan , Balladmyn , the olde demolished castle of Muling , the old demolished castle of Logyrait , where the water of Tynmell , flowers in Tay , the Castles of Garntully , the strong fortresse of Garth vpon a great rock , the Castles of Weme , Balloch , Finlarge , Glanurquhar , Lawers , and Miggerny in Glenlyon where the water of Lyon runneth in Tay. The water of Tay commeth forth of Lochtay , in Broad-Albin , which Loch is foure and twentie miles of length . There is other countries ( as Rannoch , Balquhidder ) lying betwixt Athole , Argyle , Lorne and Lochaber vnknowne to the Author . Returning to Gowry , and the rest of Perthshire lying betwix Tay and Angusse , where lies the Castles and Towers of Stobhall , Campsey , Byrs , Petcur , Ruthwens , Banff , Camno , Balgillo , Moncur , Inchstur , the ancient and renowned Abbey of Scone , where the kings of Scotland were crowned , from the exterminion of the Picts , vnto the time of King Robert Bruse , at which time the fatall Marble chaire was transported to Westminster by Edward the first ( surnamed Longshanks ) King of England . This Abbey was sumptuously builded , now wholy decayed : a part whereof is reedified , and pleasantly repaired by the Lord of Scone , being his speciall residence : The Castles and towres of Poknyll , Pitsindy , Balthiok , Rait , Kilspindie , Fingask , Kynnarde , Meginshe , Murey , Hill , Petfour , the towne and Pallace of Arroll , the Earle of Arrols residence , Leyis , Inchmartine , Monorgund , Huntley and Innergowry . These countreyes ( all in Perthshire ) are right plenteous and abundant in all kind of cornes , bestiall , and all sort of fishes , and all other necessaries for the sustentation of man , and Athole abounds in all kind of wild beasts and fowles with wild horses . Next adiacent to Gowry lies Angusse , beginning at the bridge of Innergowry , with the Castle of Fowles , the Lord Grayes residence , the Castles of Balfour , Lundy , and Dinnun . The towne of Kethens , the towne and Abbey of Copar , the Castle of Newtyle , the towne and Castle of Glammis , the Lord Glammis speciall residence . The towne of Killy-mure , the Castles and Towers of Lowry , Brigtoun , Thorntoun , Innerrichtie , Kilkaudrum and Quich , Clouoy , with parks and woods , Innerquharitie , and Quich , Glen-Ilay , Wain , Dysart , Rossie , the Castle of Fyn-heauin , the Earle of Crawfurds speciall residence . The Castles and Towers of Melgund , Flemyngtoun , Woodwre , Bannabreich , old Bar , with the Parke Carrestoun and Balhall , the Citie and Castle of Brechin the Bishops residence . The Castles and Towers of Dun , Craig , Edzell , Balzordy , and Newtoun . The towne or brugh of Dunde , strongly builded with stone houses , right populous , and industrious with good shipping , and a commodious hauen : a pleasant Church with a right high stone steeple , the castles of Duddope and Autherhouse , the Earle of Buquhans special residence . The Castles & towers of Strickmartin , Clawers , Mayns , wester Ogyll , Ballumby , and Claypottes , the strong fortresse & Castle of Bruchty , vpon a rocke inuironed with the Sea. The townes of north Ferrey , and Monyfuth , the Castles and townes of Auchinleck , Easter and Wester Powreis , Glen , Drumkilbo , and Teling , The towne of Forfarre with a demolished Castle , with a Loch and an I le therein with a Tower , Cassie , Logymegle , Barnzstaird , Innerkelour , the demolished Abbey of Resenneth , with a Loch , and the Loch of Reskobow , the Castles and Towers of Woodend , Balmeshannoch , Hakerstoun ; Balmady , with a Loch Balgayis demolished , the Castles and Towers of Turings , Carsegowny , Guthrie , Garne , Fernell , and Boshane : The Lord Ogilbies speciall residence , the townes of Barre , and Panbryde ; the Castles of Duniken , Pammure ; and Kelly , the towne and ancient Abbey of Abirtrothok ; with the Castle , the Castle of Lethame , and Ethy ; where a Falcon engendes yearely vpon a high rocke past memorie of man. The Castles and Towers of Enblackmond , Callistoun , Bisack , Ardbeky , and the red Castle , the Castles and Towers of Dunnenald , Vsum , Craig , Bonytoun and Kinnarde . The ancient towne of Mont-Rosse , with a commodious harbery for shipping , and well shipped , this towne is all builded with stone , and populous , aboundant with all kinde of fishes : the towne and Castle of olde Mount-Rosse , and the Castle of Westerbracky . The riuers in Anglusse are the water of Innergowery deuiding Gowry from Angusse : The riuers of Dichty , Carbat , Ila , Brothat Lunnen , North and South Askis . This countrey of Angusse is plentifull and abundant in all kinde of cornes great store of bestiall , with all sort of fishes withall other commodities necessary for man. Next adiacent to Angus is the Mernis , where are the townes Kincardin , Fordoun , & Beruy , Cowey and Stanehyue , Galguein , with the Castles of Halgrein and Lowristoun , the most strong Castle of Dunotter , with many pleasant buildings within the same , situate vpon a Rocke , inuironed with the Ocean sea , and well furnished with Ordinance and all warlike prouision for defence , the Earle Martiall his residence , with the Castle Fatteresso , there is also the Castles of Glenberuy , Puttarrow , Arbuthnet , Thornntoun , Balbegenat , Hakertoun , Morphie , Benholme , Allardes and Maters . This countrey is plentious of Beere , and wheat , abounding in bestiall and fishes : The Barrons and Gentlemen deteste contention in law , remitting and submitting alwaies their actions debatable , to amicable arbitrements among themselues . North from the Mernis is the mouth of the water of Dee , where is situate the ancient burgh and , merchant towne of Abirdene , wel builded & renowned for the Salmond-fishing thereof , well shipped , it hath a florishing Vniueruersitie for instruction of the youth , a pleasant bridge builded of stones , at the mouth of the riuer Done , is situate the old Citie of Aberdone , which is the Bishops seate , where also is a goodly Colledge for learning in sciences specially in Philosophy . Betweene Dee and Done beginneth the countrey of Mar , growing alwaies wider and wider till it be threescore miles length and comes to Badezenoch . In Mar is the towne of Kinkardin of Neil , the Castles of Drum , Leyes , Skein , Monimusk , Halforrest , the towne of Kyntor , the Castles of Abirgeldy , Lenturke , Corsse , Aslun , Kyndrymme , Innerbuchat , Cluny , Corsinda , Muchall , Cragywar , Torry and Cowgarth , Klenkindy , Buchholly , and New. Lochaber , Badzenoch and Mar , comprehends the breadth of Scotland betweene the two Seas . Next Mar vpon the North lies the Gareoch , wherein is the towne of Innerwry . The Castles of Balquhan , Fethernere , Caskybane , Auchenhuiff , Meldrum , Pitcaple , Pittodrie , Harthill , not farre distant is the most high mountaine of Bannachy , the highest mountaine in the North for saylers , comming from the Easter seas , takes vp land first by this mountaine . The Castles of Lesly and Wardens , the ancient Castle of Dinnedure vpon a high mountaine called the Golden Mountaine , by reason of the sheepe that pastures thereupon : Their teeth are so extraordinary yealow , as if they were coloured with gold , there is also the Castle of Drumminor , the Lord Forbes residence . Next Gareoch vpon the North-East lies Bucquhan , wherein is situate the towne of Newburgh , vpon the water of Itham , aboundant in Salmond and other fishes , the townes of Peterhead and Frisselburgh , the Castles of Fophern , Asselmond , Arnage , Tochone , Kelly , Straloch , Vdney , & vpon the North-East side therof there is a rocke where are found sundry well coloured stones of diuers hewes , very pleasant , some quadrant pointed , and transparant , resembling much the orientall Diamond for they are proued to be better then eyther the Virginean or the Bohemian Diamond . The time of the comming of Hengistus in Britaine , there came with him one Noble Germane Prince called Woden , about the yeare of Christ 477. ( as writeth Pomarius ) who adioyning their forces with Vortiger , then King of the Britaine , against the Scots and Picts , continuing in their fury were called Vodenay , conforme to the old Saxon language ( as writeth Olaus magnus , Beda and Vliterpius ) of whom by long progression and abbreuiation of speech is descended the ancient name of Vdny . There are also the Castles of Pitmedden , Hadde , Gicht , Fywie , the ancient Castle of Slanes , watterton , Enderrugy , with the strong Castle of the Craig of Enderrugy , The Castles of Fillorth , Pitsligo , Feddreth , Towy , Balquhaly , Dalgatie , the tower of Torrey , and the Castle of Mures . This countrey stretches farthest in the Germane seas of all the countries of Scotland fertile in store , and cornes : And in it selfe sufficient in all other commodities necessary for the countrey , there is abundance of Salmon and other fishes taken in all the waters thereof , except the water of Rattry , whereunto this day there was neuer any Salmon seene . Next Buehquhan vpon the North lies Boyne , and Enze in Boyne . In Boyne is the towne of Bamst , and Castle thereof , situate vpon the riuer of Diuern , there is also the Castles of Boyne , Findetar , and Bogygieht , with the towne of Culane , situate vpon the sea coast . Next lies the lands of Straithbogy , where is the Castle and Pallace of Straithbogy , the speciall residence of the Marquesse of Huntley , the Castles of Fendrough , Pitlurge , Carnbarrow , Rothemay , the Lord Saltouns chiefe residence , Kinnardi , Crombie , Achindore , Lesmore , Balwany , Blarsindy , Drymmyn , Dusky , Ballindalloch , Balla Castle and Aikenway , these foresaid countries are plenteous in cornes , bestiall , and in fishings . Next vpon the North is the water Spey , abundant in Salmond and all new fishes , Endlong Spey lies Murrey-Land , wherein is situate the Citie of Elgyn vpon the water of Lossy , the Bishop of Murreyes seat and speciall residence , with a Church most curiously and sumptuously builded , which now in part decayes . In Murrey are many strong Castles & other strong houses , as the Castles of Blairy , Monynesse , the ancient strong Castle of Vrquhart , the Castles of Spynay with a pleasant Loch abounding in fishes , the Castles of Innes and Duffus , the Castle and towne of Forres , the great Castle of Tornuaye , the principall residence of the Earle of Murrey : The Castles of Cadall and Kilrauicke with diuers Gentlemens strong stone houses adiacent about the towne of olde Erne . In Murrey are two famous Abbeyes , Pluscardy , and Kinlus , the Castle of Louat the Lord Louats residence . There is also the most ancient towne of Innernes , and the strong Castles thereof situate on the water of Naes , which descends from a Loch , named Loch Naes thirtie foure miles in length : this water of Naes is alwaies warme , and neuer freezeth , in such sort as in winter time , yee falling into it is dissolued by the heat therof : West from Lochnes , there lies eight miles of continent ground : And that small peece is the onely impediment that the Seas ioyne not , and make the remanent of Scotland an Iland : for all the land that lies betwixt the strait and the Deucalidon Sea , is cutte by creekes and Loches of salt water running into the land . From the mouth of Naesse , where it enters in the Germane Sea , North lies Rosse , shooting in the Sea in great Promontories or heads . The countrey of Rosse is of greater length nor breadth , extending from the Germane to the Deucalidon Sea , where it riseth in craggy and wilde hils , and yet in the plaine fields thereof , there is as great fertilitie of corne as in any other part of Scotland . There is in Rosse pleasant dales with waters , & Loches full of fishes , specially Lochbroome : It is broad at the Deucalidon sea , and growes narrow by little and little turning Southward from the other shore , the Germane Sea ( winning the selfe an entrie betwixt high clintes ) runs within the land in a wide bosome , and makes an healthfull port and sure refuge against all tempests and stormes : the entrie of it is easie , and within it is a very sure hauen , against all iniuries of Sea , and a hauen for great nauies of ships . Loch-broome is abundant of Salmond and all other fishes . The townes in Rosse are the City of the Channory , the Bishops seat with a strong Castle , the towne of Rosemarky , the Castles of Read-castle , Dingwall , the Abbey of Bewly , the castles of Cromarty , Miltoun , Fowlis , Ballingoun , the town of Tane , the Castles of Catboll , Torbat , Loselun , & Kayne with many others , the waters in Rosse are Cromarty , the water Tane , the water of Naes : Also Mountains of Allabaster and hils of white marble , there is many other parts in Rosse too longsome , to describe . Next Rosse lies Sutterland , the speciall towne is D●…norch with a strong Castle : the Castls of Skibow , Pulrossy , Skelbo , Clyne , Dunrobene , the Earle of Sutherlands residence , with goodly Orchards , where growes good Saphron : the riuers are Ferryhuns , Brora Helmsdeaill , abundant in Salmond and other fishes , and good store of bestial , there is also hilles of white Marble , with salt and coale . Next Sutherland lies Stranauern , the castle of Far , where the lord of Makky hath his speciall residence : The Castles of Tunge , this countrey & Stratleigh , with sundry Ilands , as Ship-Iland , Hyp-Iland Marten-Iland , Conne-Iland are vnknown to the Author . Next lies Caithnes , where it marches with Stranauerne is the furthest North countrey of all Scotland : and those two draw the breadth of Scotland in a narrow front . In thē are three Promontories or heads : the highest wherof is in Stranauern , called Orcas , or Taruidum , the other two not so high are in Caithnes , Veruedrum now named Hoya : and B●…rebrum now called Dunsby , at the foot of this hill there is a pretie hauen for them that trauell from Orknay by Sea , there is mountains called Ordhead , Hoburnhead , Madēs Pape , the Castle of Berydale , with a riuer abundant in Salmond & other fishes . The Castle of Dumbeth with a goodly riuer , with the towns of Wcik & Thirso , with Ichone a riuer . The Castle of Gerniggo , the Earle of Caithnes special residence . The Castles of Akergile , Keis Pressik , old Weik , Ormly , Skrabstar , Dunray , Brawl , and May , Dunnethead isa hil of Marble , the riuers are the riuer of Berridale , Dunberth , Weik , Thirso Fors. This countrey is abundant in cornes , bes●…all , Salmond , & all other fishes . Of the Iles of Scotland in generall . NOw refleth it to speake somewhat of the Iles , they are diuided ( which as it were Crowne Scotland ) in three classes or rankes , the West Iles , Orknay Iles , & Shetland Iles , the west Iles lye in the Deucalidon sea , from Ireland almost to Orkenay vpon the west side of Scotland , they are called Hebrides , and by some Aebudae : They are scattered into the Deucalidon sea , to the number of three hundreth and aboue : Of old the kings of Scotland kept these Iles in their possession , vntill the time of Donald brother to King Malcolme the third , who gaue them to the King of Norway , vpon condition that he should assist him , in vsurping of the Kingdome of Scotland , against law and reason . The Danes and Norway people kept possession of them for the space of 160. yeares : and then King Alexander the third , ouercomming the Danes and Norway men in a great battell , thrust them out of the Iles : yet afterward they attempted to recouer their libertie , partly , trusting to their owne strength ; and partly , mooued by seditions in the maine land of this Countrey , creating Kings of themselues , as not long ago , Iohn ( of the house of Clandonald ) did vsurpe the name of King , as others had done before . In foode , raiment , and all things pertaining to their family , they vse the ancient frugalitie of the Scots . Their bankets are hunting and fishing . They seeth their flesh in the tripe , or else in the skinne of the beast , filling the same full of water . Now and then in hunting , they straine out the bloud , and eate the flesh raw . Their drinke is the broth of sodden flesh . They loue very well the drinke made of whey , and kept certaine yeeres , drinking the same at feasts : It is named by them , Blandium . The most p●…rt of them drinke water . Their custome is to ●…ake their bread of Oates & Barly , ( which are the onely kinds of graine that grow in those parts : ) Experience ( with time hath taught thē to mak it in such sort , that it is not vnplea sant to eat . They take a litle of it in the morning , & so passing to the hunting , or any other businesse , content themselues therewith , without any other kind of meat til euen . They delight in marled clothes , specially , that haue long stripes of sundry colours : They loue chiefly purple & blew . Their predecessors vsed short mantles or plaids of diuers colours , sundry wayes deuided : and amongst some , the same custome is obserued to this day : but for the most part now , they are browne , most neere to the colour of the Hadder : to the effect , when they lie amongst the Hadder , the bright colour of their plaids shall not bewray them : with the which , rather coloured , then clad , they suffer the most cruell tempests that blow in the open field , in such sort , that vnder a wrythe of Snow , they sleepe sound . In their houses also , they lie vpon the ground , laying betwixt them and it , Brakens , or Hadder , the rootes thereof downe , and the tops vp , so prett●…ily laid together that they are as soft as feather-beds , & much more wholesome : for the tops themselues are dry of n●…ture , whereby it dries the weake humours , and restores againe the strength of the sinewes troubled before , and that so eu●…dently , that they , who at euening goe to rest sore and weary , rise in the morning whole and able . As none of these people care for feather-beds and bedding , so take they greatest pleasure in rudenesse and hardnesse . If for their owne commoditie , or vpon necessity , they trauell to any other Countrey , they reiect the feather-beds and bedding of their Host. They wrap themselues in their owne plaids , so taking their rest : carefull indeed , lest that barbarous delicacy of the maine Land ( as they tearme it ) corrupt their naturall and Countrey hardnesse . Their armour wherewith they couer their bodies in time of warre , is an Iron Bonnet , and an Habbergion , side almost euen to their heeles . Their weapons against their enemies , are bowes and arrowes . The arrowes are for the most part hooked , with a barble on either side , which once entered within the body , cannot be drawne forth againe , vnlesse the wound bee made wider . Some of them fight with broad swords and axes . In place of a drum they vse a bag-pipe . They delight much in musicke , but chiefly in Harpes and Clairschoes of their owne fashion . The strings of the Clairschoes are made of brasse-wire , and the strings of the Harpes , of sinewes : which strings , they strike either with their nailes , growing long ; or else with an Instrument appointed for that vse . They take great pleasure to decke their Harpes and Clairschoes with siluer and precious stones : and poore ones , that cannot attaine heerevnto , decke them with Cristall . They sing verses prettily compounded , containing ( for the most part ) prayses of valiant men . There is not almost any other argument , whereof their rimes entreat . They speake the auncient language , altered a little . FINIS . A SHORT DESCRIPTION OF THE WESterne Iles of Scotland , lying in the Deucalidon Sea , being aboue 300. ALSO THE ILES IN ORKENAY , and Schetland or Hethland . THE first is the I le of Man , of olde called Dubonia , there was a Towne in it named Sodor●… , the Bishop of the Iles seat . It lyes almost midway betwixt Ireland and Cumber in England , and Galloway in Scotland , 24. miles in length , and 18. in bredth . Next vnto Man is Ailsay , into the Firth of Clyde , with a Castell therein , an hard high Craig on all sides , except at one entrie , vnmanured . There comes a great number of Boates there to fish ●…éeling . There are many Comes , and Solayne Géese in it . It lyes betwixt Ireland vpon the Northwest , Carrik vpon the Northeast , and Kyntire vpon the Southeast . 24. miles from Ailsay , lyes Arrane , almost direct North , 24. miles of length , and 16. of bredth . The whole Iland riseth in high and wild Mountaynes , manured onely vpon the Sea side , where the ground is lowest . The Sea runnes in , and makes a well large Créeke into it : the entryes whereof are closed by the Iland Molas : A very sure Hauen for Shippes : and in the waters , which are alwayes calme , is great abundance of Fish , that sundry times the countrey people taking more then may sustayne them for a day , they cast th●… 〈◊〉 ●…ne in the Sea , as it were in a Sta●…ke . Next 〈◊〉 〈◊〉 〈◊〉 I le Flada , fertill of Conyes . Further in it is situate the ●…se of B●… within the Firth of Clyde , eyght miles in length , and foure in bredth , from Arrane eyght miles , Southeast , and from Argyill , Southwest , halfe a mile . Cwnnyngham lyes , by East of it , 〈◊〉 m●…es . It is a low Countrey , commodious for Corne and store , with a Towne of the same name , and the old Castle of Rosa ; with another Castle in the middest of it , named Cames . The I le M●…rnoca , a mile of length , and halfe a mile of brédth , lyes low , Southwestwards , well manured and fertill . Within the Firth of Clyde lyes little Cambra , fertill of Fallow Déere : And great Cambra fertill of Cornes . From the Mule of Kyntire , little more then a mile , is Porticosa Auona , getting that name from the Creeke of water , th●… kept the Danes Nauie there , at what ●…e they had the Iles in their hands . Northwest from the Mule , ouer agaynst the Coast of Ireland , lyes Rachuda . And from Kyntire , foure miles , is the I le Caraia : and not farre from thence Gigaia , sixe miles of length , and a mile and a halfe of bredth . Twelue miles from Gigaia lyes Iura , foure and twentie miles of length . The Shore side of Iura is well manured : and the inward part of the Countrey is ●…led with Wood , full of Déere of sundry kinds . Two miles from Iura lyes Scarba , foure miles in length , and a mile in bredth . The tide of the Sea , betwixt this I le and Iura , is so violent , that it is not possible to passe it , e●…ther by sa●…le or a●…re , except at certayne times . At the bache of this I le , is the I le Ballach , Ge●…istaria , Gearastilla , Longaia , The two Fidlais , The thrée Barbais , Culbremna , D●…num , Co●…p , Cuparia , 〈◊〉 , Vikerana , Vitulina , Lumga , Scila , Scana . These thrée last Ilands are fertill of Corne and store , pertayning to the Earles of Argyle . Next vnto them is Sklata : named from a Sklait quarry , that is in it . Then Naguigosa , and Eisda●…a , and Skennia , and the I le Thiania , Vderga , and the Kings Iland : then Duffa , that is black●… : and the Iland of the Church , 〈◊〉 Triaracha : and then the Iland Ardu●… , Humlis , Viridis , and Ericea . Item , Arboraria , Capraria , Cunicularia , and the I le named , The I le of Idle men : and Abridita , and Li●…mora , where sometimes was the Bishops seat of Argyle , eyght miles in length , and two in bredth . In this I le are Mines of Mettals , with other good commodityes . Then Ouilia , the Iland Traiecte , the Iland Garna , the Iland of the Stane , Gressa , and the great Iland Ardiescara , Mus●…dilla , and Bernera , sometime called , The holy Girth , notable by the Trée Taxus , that growes in it . Mo●…ochasgia , Drinacha , full of Thornes and Bourtrée , ouercouered with the ruines of old houses . Wricht●…un , fertill of Wood. Item , Ransa , Kernera . The greatest Iland , next vnto Iura , Westward , is Yla , foure and twentie miles in length , and sixetéene of bredth , extended from the South to the North , abundant in store , Cornes , Déere , and Lead : there is a fresh water in it , called , Lai●… ; and a Créeke of salt water ; and therein are many Ilands . There is also a fresh water Loch , wherein stands the Iland , named , Falingania , sometime the chiefe seate of all the Iles Men. There the Gouernour of the Iles , vsurping the name of a King , was wont to dwell . Neere vnto this Iland , and somewhat lesse then it , is the round Iland , taking the name from Counsell : for therein was the Iustice seat , and fouretéene of the most worthy of the Countrey , did minister Iustice vnto all the rest , continually , and intreated of the waighty affayres of the Realme , in Counsell , whose great equitie and discretion kept peace both at home and abroad : and with peace , was the companion of peace , abundance of all things . Betwixt Ila and Iura , lyes a little Iland , taking the name from a Cairne of stones . At the south of Ila , doel ye Colurna , Muluoris , Ossuna , Brigidana , Corskera , The low Iland , ●…mersga , Beathia , Texa , Ouicularia , Noasiga , Vinarda , Caua , Tarsheria , The great Iland Auchnarra , The Iland made like a Man , The Iland of Iohn S●…badis . At the west corner of Il●… Iyes Ouersa , whereth●… Sea is most tempostuous , and at certayne houres ●…gable . The Marchants Iland : and South westwards from it , Vs●…brasta , Tanasta , and Nefa . The Weauers Iland . 8. miles from Ila , somewhat North , lyes Ornansa . Next vnto it the Swines Iland . Halfe a mile from Ornansa , Col●…ansa . North from Col●…ansa , lyes the Mule , 20. miles from Ila . This I le is 24. miles of length , and as much in bredth , fruitfull of Cornes : there are many Woods in it , and many Heards of Déere , and a good Hauen for Ships : there are in it two waters well spred of Salmond Fishes , and some stripes not empty thereof . There are also two Loches in it , and in euery one an Iland , and in euery Iland a Tower. The Sea running in this Iland at 4. sundry parts , makes 4. salt water Loches therein , all 4. abounding in Herring . To the Northwest lyes Columbaria , or the Dowe Iland : to the Southeast , Era : both the one and the other profitable for Bea●…iall , Cor●… , and for fishings . From this Iland lyes the Iland of Sanctcolm●… , two miles of length , and more then a mile of bredth , fertill of all things , renowned by the ancient Monuments of the Countrey . There were two Abbeyes in this Iland , and a Court or a Parish Church , with many Chappels , builded of the liberality of the Kings of Scotland , and Gouernours of the Iles. There is as yet remayning amongst the old Ruines , a Buriall place , or Church-yard , common to all the Noble Families of the West Iles , wherein there are thrée Tombes higher then the rest , distant one from another a little space , and thrée little Houses , situated to the East , builded seuerally vpon the thrée Tombes : vpon the West side are stones grauen , which stand in the middest , bearing this title , The Tombes of the Kings of Scotland . It is sayd , there were 48. Kings of Scotland buried there . The Tombe vpon the rightside hath this inscription : The Tombes of the Kings of Ireland . It is recorded , that there were foure Kings of Ireland buried there . Upon the left side it hath this inscription : The Tombes of the Kings of Norway . The report is , that there were 8. Kings of that Nation ●…uryed there . The notable houses of the Iles haue their T●…nbes in the rest of the Church-yard , seuerally by themselues . About this Iland , and ●…re vnto it , there are s●…e Ilands , right fruitfull , giuen by the ancient Kings of Scotland , and Gouernours of the Iles , to the Abbey of Sanctcolme . So●… is a very profitable ground for shéep , but the chiefe commodityes of it consist in Sea Fowles that build there●…t , specially of their Egges . Next vnto it is the I le of Women : then Rudana . Néere vnto it Be●…nira ; and from that Skennia , halfe a mile distant from the Mule. The Sea sides of it abo●… in C●…es . Fiue miles hence lyeth Fro●… . All their Iles are subiect to Sanctcolmes Abbey . Two miles from Fresa lyeth V●…lua , fiue miles of length , fruitfull of Corne and shore , with a commodious Hauen for Gallies or ●…ates . Upon the South side of it lyeth Toluansa , with a Wood of Nut●…s , reas●…able fruitfull . About thrée hundred paces from this Iland lyeth Gomatra , two miles long , and one mile bro●…d , extending from the North to the South . From Go●… , foure miles Southward , lye two S●…affae , both full of ●…ing places . From thence , foure miles Southeast , lye the two Ke●…burgae , the more and the lesse , enui●…oned with such sho●…e , high , and furious fide , that by their owne naturall de●… ( supported somewhat by the industrie of man ) they are altogether inuincible . One mile from them lyes an Iland , the whole earth is blac●…e , whereof the people make Peat●… for their 〈◊〉 . Next lyeth Longa , two miles of length , and B●…cha halfe as much . From Bacha sixe miles lyes Tiria , eyght miles in length , and thrée in bredth , most fertill of all the Ihon●…s , it 〈◊〉 in store , Cornes , Fishings , and Sea to wie●… . In this ●…and , there is a fresh water Lorh , & therein an old Castle , with a good hauen for Boates. From this Iland two miles lies Sunna , and from Sunna as farre lieth Colla , 12. miles of length , and 2. miles of breadth : a fertill Iland . Not farre from it is Culsa , almost full of wood : and then two Ilands , named Mekle Viridis , and Little Viridis . Item , other two of the same names . Ouer-against the Mules head , and not farre from it lye two Ilands , named Glassae , and then Arden-Eider , that is , the high land of the Rider . Then Luparia , or the Woolfe Iland : and after it a great I le , lying north from Colla , extending East and West . Then Ruma , 16. miles in length , and 6. in bredth : the Sea-Fowles lay there Eggs here and there in the ground : in the middest of Spring time when the Eggs are layd , any man may take of them . In the high Rocks the Solayne Géese are taken in aboundance . From this Iland , foure miles North-East-ward lyes the Horse Iland . From it halfe a mile , The Swine Iland , fruitfull enough in all things necessary : the Falcon builded in it , with a good Hauen . Not farre from it , lyes Canna and Egga , fertill enough . In Egga are Solayne G●…ese . Soabrittella profitable for hunting . From this Iland is the I le of Skye , the greatest of all the Ilands that are about Scotland , lying North and South 40. miles in length , and 8. miles broad in some places , and in other places 12. miles , rising in Hills , in sundry places full of Woods and Pastorage : The ground thereof fertill in corne and store : and besides all other kinds of bestiall , fruitful of Mares , for bréeding of Horse : it hath fiue great Riuers rich in Salmond , and many little waters , plenty of Salmond and other Fishes . The Sea running in the land on all sides , make many Salt waters : Thrée principall , and 13. others : all rich in Herring . There is in it a fresh water Loch , and ●…e Castles . About the Skye , lye little Ilands , scattered here and there . Oronsa , fertill in Corne and store . Cunicularia , full of Bushes and Connyes . next is Paba . 8. miles frō Paba Southwest , lyes Scalpa , which ( besides sundry other commodities ) hath woods full of troopes of Déere . Betwixt the mouth of Zochcarron and Raorsa , lies Crulinga , 7. miles of length , and two of bredth : there is a sure Hauen in it for ships : There are in it also woods full of Bucke and Déere . Halfe a mile from Crulinga is Rona , full of wood and hadder , with a good Hauen in the innermost Lorh thereof : in the mouth of the same Lorh , is an Iland of the same Name , called Ger-loch . From Rona sixe miles Northward , lyes Flada : Two miles from Flada , Euilmena . Upon the South side of Skye , lyes Oronsa , and a mile from it , Knya , Pabra , and great Bina : and then fiue little Ilands . Next vnto them is Isa , fertill in Cornes . Beside it is Ouia ; then Askerma , and Lindell●… . 8. miles from Skye Southward , lyes Linga and Gigarmena , Benera , Megala , Pana , Flada , Scarpa , Veruecum , Sandara , Vatersa , which by many other good commodityes , hath a Hauen commodious for a number of great Ships , whereinto Fishermen of all Countreys about , conuene certayne times of the yere ordinarily . These last nine Ilands are subiect to the Bishop of the Iles. Two miles from Vatersa is Barra , running from the Northwest , to the Southeast , seuen miles in length , fruitfull of cornes , and aboundant in Fish : there runneth in it a Lorh , with a narrow throat , growing round and wide within : in it there is an Inche , and therein a strong Castle . Upon the Northside of Barra , there riseth an Hill full of Hearbs , from the foote to the head , vpon the top whereof , is a fresh water Well : The spring that runneth from this Well , to the next Sea , caryes with it little things , like as they were quicke , but hauing the shape of no beast , which appeare ( although obscurely ) in some respect , to represent the fish that is commonly called , Cockles : The people that dwell there , call the part of the shore whereunto these things are carryed , The great Sands : because that when the Sea ebbes , there appeares nothing but dry Sands , the space of a mile . Out of these Sands the people dig out great Cockles , which the Neighbours about iudge , eyther to grow ( as it were ) of that séede that the springs doe bring from the well , or else ( indéede ) to grow in that Sea. Betwixt Barra and Wist lye these Ilands : Oronsa , Onia , Hakerseta , Garnlanga , Flada , great Buya , little Buya , Haya , Hell S●… , Gigaia , Lingaia , Foraia , Fudaia , Erisoaia . From these Ilands Vistus lyes Northward , 34. miles of length , and 6. of bredth . The tide of the Sea , running in two places of this I le , causeth it to appeare thrée Ilands , but when the tide is out , it becommeth all one Iland . In it are many fresh water Loches , specially one , thrée miles long . The Sea hath worne in vpon the Land , and made it selfe a passage to this Loch , and can neuer be holden out , albeit the Inhabitants haue made a wall of 60. foote broad , to that effect . The water entereth in amongst the stones , that are builded vp together , and leaues behind it , at the ebbe , many Sea Fishes . There is a Fish in it like to the Salmond in all things , except , that with the white wombe , it hath a blacke backe , and wanteth scales . In this Iland are many fresh water Loches , sundry Caues , couered with Hadder . In it are fiue Churches . Eyght miles West from it lyes Hel●…ther Vetularum , pertayning to the Nunnes of the I le of Ione . A little further North riseth Haneskera : about this Iland , at certayne times of the yéere , are many Sealches , they are taken by the Countrey men . Southwest , almost 60. miles , lyes Hirta , fertill in Cornes and store , and specially in Shéepe , greater then any other Shéepe , in any other Ilands . About the 17. day of Iune , the Lord of this Iland sendeth his Chamberlayne to gather his dutyes , and with him a Minister , who baptizeth all the Children that are borne the yéere preceding : and if the Minister come not , euery man baptizeth his owne Child . This Hirtha is the last and farthest Ile in Albion : so that betwixt the I le of Man , being the first I le in Albion , and this I le , there is 377. miles . Returning to Wistus , from the north point thereof , is the Iland Velaia , two miles long , and one mile of bredth . Betwixt this point , and the Iland 〈◊〉 , lyes Soa , Stroma , Pabaia , Barneraia , E●…saia , Keligira , little Saga , great Saga , Harmodra , Scaria , Grialinga , Cillinsa , Hea , Hoia , little Soa , great Soa , Isa , great Seuna , little Seuna , Taransa , Slegana , Tuemon . All these Ilands are fruitfull of Cornes and store . Aboue Horea , is Scarpa . And halfe a mile towards the West Equinoctiall , from the Lewis , lys seuen little Ilands , named Flananae , some holy place ( in old times ) of girth or refuge , rising vp in hill●…s full of Hearbs . Further , North , in the same ranke , lyes Garn-Ellan , that is , she hard I le , Lamba , Flada , Kellasa , little Bernera , great Bernera , Kirta , great Bina , little Bina , Vexaia , Pabaia , great Sigrama , Cunicularia , plenty of Conyes , little Sigrama . The Iland of the Pigmeis , wherein there is a Church , in which the Pigmeis were buried , ( as they that are neighbours to this Iland beléeue . ) Sundry strangers , digging déepely in the ground , sometimes haue found , & yet to this day doe find very little round heads , and other little bones of mans body , which seemes to approue the truth and apparance of the common bruite . In the Northeast side of the Iland Leogus , there are 2. Loches , running foorth of the Sea , named , The North and South Loches , wherein at all times of the yéere , there is abundance of Fish , for all men that list to take them . From the same side of the Loch , somewhat more Southerly , lyes Fabilla , Adams Iland , The Lambe Iland . Item , Hulmetia , Viccoilla , Hana , Rera , Laxa , Era , The Dowe Iland , Tora , Affurta , Scalpa , Flada , Senta : at the East side thereof , there is a passage vnder the earth , vaulted aboue a flight shoote of length , into the which , little Boates may eyther sayle or row , for eschewing of the violent tide . Somewhat Eastwards lyes an Iland , named , Old Castle , a roome strong of nature , and plenty of Cornes , Fish , and Egges , of Sea Fowles , to nourish the Inhabitants . At that side where Lochbrien enters , is situate the Iland Ew . More Northerly lyes the Iland Grumorta : both these Ilands full of Wood. The Iland , named , The Priests Iland , lyes the same way , profitable for pastorage of Shéepe , and full of Sea Fowles . Next vnto it is Afulla , and great Habrera : then little Habrera : and néere vnto it , The Horse I le ; and then Marta Ika . These last mentioned Ilands lye all before the entrie of Lochbrie●… : and from them , North , lye Hary , and Lewis , 16. miles of length , and 16. of bredth : These 3. make an Iland , which is not deuided by any Hauen 〈◊〉 Port of the Sea , but by the seuerall Lordships of the heritours thereof . The South part is named , Haray : in it sometime was the Abbey Roadilla , builded by Maccleude Har●…is , a Countrey fertill inough in Cornes , and good Pastorage , with a high Hill , ouercouered with grasse , to the very top : many Shéepe are séene féeding there masterlesse , pertayning peculiarly to no man ; for there is neyther Woolfe , Foxe , or Serpent séene there : albeit , betwixt that and Lewis , there bee great Woods full of Déere . In that part of the Iland is a Water , well stored of Salmond , and other Fishes : Upon the North-side it is well manured : Upon the Sea side there are foure Churches , one Castle , 7. great running Waters , and 12. lesse : all plentifull of Salmond , and other Fishes . The Sea enters in the Land in diuers parts , making sundry salt water Loches , all plentifull of Herring , with abundance of Shéepe . In this Countrey is great abundance of Barley . In this Iland is such abundance of Whales taken ( as aged men report ) their tenth will extend to 27. Whales : also a great Caue , wherein the Sea at a low water abides two faddome high , and at a full Sea , foure faddome déepe . People of all sort and ages sit vpon the Rocks thereof , with hooke and line , taking great multitude of all kind of Fishes . Southeast from Lewis , almost 60. miles , there is a fertill Iland , low and playne , ●…alled , Rona , well manured : the Lord of the ground limits certayne number of Households to occupy it , appoynting for euery Household , few or many , Shéepe , according to his pleasure , whereon they may easily liue and pay his rent . In this Iland is a Chappell , dedicated to Saint Ronan , wherein ( as aged men report ) there is alwayes a Spade , wherewith , when any is dead , they find the place of his graue marked . Besides other Fishes in this Iland , is great plenty of Whales . Sixetéene miles from Rona , West , lyes Suilkeraia , a mile of length : but in it growes no kind of Hearbe , not so much as Hadder . Sea Fowles lay Egges there , and doe hatch . They of Leogus , next neighbours vnto it , get great profit thereby . In that Iland is séene a rare kind of Fowle , vnknowne to other Countreyes , called , Colca , little lesse then a Goose : they come in the Spring time , & euery yéere hatch and nourish their Young ones . They cast their Feathers , which haue no stalke , like vnto downe . Now follow the Iles of Orknay , ( of olde called , The Realme of the Picts ) lying scattered , partly in the Deucalidon Sea , partly in the Germane Seas . The common people to this day are very carefull to kéepe the ancient frugality of their Predecessors , and in that respect they continue in good health , for the most part , both in mind and body , so that few dye of sicknesse , but all for age . They haue Barley and Oates , whereof they make both bread and drinke . They haue sufficient ●…ore of quicke goods , Neate , Shéepe , and Goates , great plenty of Milke , Chéese , and Butter . They haue innumerable Sea Fowles , whereof ( and of Fish , for the most part ) they make their common foode . There is no Uenemous Beast in Orknay . There is is no kind of Trée , except Hadder . They haue an old Cup , amongst them , called , Saint Magnus Cup , the first man that brought the Christian Religion in that Countrey . There are about 33. Ilands in Orknay : whereof 13. are inhabited : the remnant are reserued for nourishing of Cattell . The greatest Ile is named , Pomona . The firme land , thirtie miles of length , sufficiently inhabited . It hath 12. Countrey Parish Churches , and one Towne , called Kirkwaa . In this Towne there are two Towers , builded not farre the one from the other . One of them appertaynes to the King , the other appertaynes to the Bishop . Betwixt these 2. Towers stands one Church , very magnifique : betwixt the Church and the Towers , on eyther side , are sundry goodly buildings , which the Inhabitants name , The Kings Towne , and , The Bishops Towne . The whole Iland runnes out in Promontories or heads , the Sea running in , and makes sure Hauens for ships , and Harbours for Boates. In 6. sundry places of this I le , there are Mynes of good Lead and Tinne , as is to be found in any part of Britayne . This Iland is distant from Caithnes about 24. miles , diuided by the Picts Sea. In this Sea are diuers Ilands , scattered here and there : of whom , Stroma , lying 4. miles from Caithnes , is one , very fruitfull : the Earles of Caithnes being Lords thereof . Northward lyes South Ranalsa , 5. miles long , with a commodious Hauen ; with 2. little Ilands , or Holmes , good for Pastorage . Toward the North lyes Burra , Suna , Flata , Fara , Hoia , and VValles . In these Ilands are the highest Hilles , that are in all Orknay . Hoia , and Walles , are 10. miles of length , distant from Ranalsay , eyght miles , and more then twentie from Dunkirke in Caithnes . North is the I le Granisa , and Cobesa . Siapinsa , turning somewhat East , lyes , two miles from Kirkwaa , euen oueragaynst it , sixe miles of length . Right West from Siapinsa are Garsa , and Eglisa , 4. miles of length . In this Iland , they say , Saint Magnus is buried . Next , and somewhat neerer the continent land , is Rusa , foure miles of length , and thrée miles of bredth , well peopled . Westward lyes the Iland Broca . Some Ilands lye to the North , as Stronza , next Linga , fiue miles of length , and two of bredth . Haa , fiue miles of length , and two of bredth . By East lyes Fara . And North from Fara , lyes Wastra , running out in the Sea , in Promontories or heads . Aboue Stronza , at the East end of Etha , lyes Sanda , Northward , 10. miles of length , and foure of bredth , most fertill of Cornes of all the Iles of Orknay ; but it hath no kind of fire within it , making exchange of Cornes for Peats . Beyond Sanda , lyes , North , Ranalsaa , 2. miles of length , and two of bredth . Upon the South si●…e of Pomona lyes Rusa , 6. miles of length : and from it Eastward Eglisa : South Veragersa : and not farre from it Westraa ; from which , Hethland is distant 80. miles ; and Papastronza lyes 80. miles from Hethland . In the midway betwixt lyes Fara , that is , the ●…yre Iland , standing in the sight of Orknay , and Hethland both : it riseth in thrée Promontories or heads , and shore Craig round about , without any kind of entrance , except at the Southeast , where it growes little lower ; making a sure Harboro●… for small Boates. Next is the greatest Ile of all Hethland , named , The Mayne-land , 16. miles of length : There are sundry Promontories or heads in it , specially two , one long and small , which runnes North : the other broader , in some part , 16. miles , runnes Northeast , inhabited vpon the Sea coast . There is good Fishing in all these parts ; the peoples commodity standing most by the Sea. Ten miles North lyes Zeall , 20. miles of length , and 8. miles of bredth : the Bremes Marchants doe bring all wares néedfull . Betwixt this Iland and the Mayne-land , lye Linga , Orna , Bigga , Sanctferri . Two miles Northward lyes Vnsta , more then 20. miles of length , and sixe miles of bredth , a pleasant Countrey and playne . Via and Vra , are betwixt Vnsta and Zeall . Skenna and Burna , lye Westward from Vnsta , Balta , Hunega , Forlora , seuen miles long : and seuen miles Eastward from Vnsta , Mecla , with the thrée Ilands of east Skennia , ●…hualsa , Nostwad●… , Brasa , and Musa : vpon the West side lye West Sche●…niae , Rorira , little Papa , Veneda , great Papa , Valla , Trondar , Burra , great Haura , little Haura , and many other Holmes , lying scattered amongst them . The Hethlandish men vse the same kind of foode that the Orkney man vse , but that they are more scarce in house kéeping . In this Iland no kind of Shée Beast will liue 24. houres together , except Ky , Ewes , Conyes , and such like beasts , as may be eaten . The people are apparelled after the Almayne fa●…ion , and according to their substance , not vnséemely . Their commodity consisteth in course Cloth , which they sell to Norway men , with Fish , Oyle , and Butter . They fish in little Cockboates , bought from Norway men that make them : they salt some of the Fish that they take , and some of them they dry in the wind . They sell th●…se Wares , and pay their Masters with the siluer thereof . ¶ Of the great plenty of Hares , Red Deere , and other wild Beasts in Scotland . Of the strange propertyes of sundry Scottish Dogges : And of the nature of Salmond . HAuing made this speciall description of the Realme of Scotland : Now touching some things concerning the same in generall . In the Fields , and in al places of the Countrey , ( except the parts where continuall habitation of people makes impediment ) there is great abundance of Hares , Red Déere , Fallow Déere , Roes , Wild Horses , Wolues , and Foxes , & specially in the High Countreys of Athole , Argyle , Lorne , Loch-aber , Marre , and Badzenoch , where is sundry times séene 1500. Red Déere , being hunted all together . These Wild Horses are not gotten but by great sleight & policy : for in the Winter season the Inhabitants turne certayne tame Horses and Mares amongst them , wherewith in the end they grow so familiar , that they afterward go with them to & fro ; and finally , home into their Masters Yards , where they bee taken , and soone broken to their hands , the Owners obtayning great profit thereby . The W●…lues are most fierce and noysome vnto the Heards , and Flockes , in all parts of Scotland . Foxes doe much mischiefe in all steads , chiefly in the Mountaynes , where they be hardly hunted : howbeit , Arte hath deuised a meane to preuent their malice , and to preserue the Poultry in some part : and especially in Glenmoores euery house nourishes a young Foxe , & then killing the same , they mixe the flesh thereof amongst such meate as they giue vnto the Fowles , and other little bestiall : And by this meanes , so many Fowles or Cattel as eate hereof , are safely preserued from the danger of the Foxe , by the space of almost two moneths after , so that they may wander whither they will : for the Foxes smelling the flesh of their fellowes , yet in their crops , will in no wayes meddle with them , but eschew and know such a one , although it were among a hundred of other . In Scotland are Dogs of marueylous condition , aboue the nature of other Dogs . The first is , a Hound of great swiftnes , hardines , and strength , fierce and cruel vpon all wild beasts , and eger against Thieues , that offer their masters any violence . The second is a Rach or Hound , very exquisite in following the foote ( which is called drawing ) whether it be of man or beast , yea he will pursue any maner of fowle , and find out whatsoeuer fish , haunting the land , or lurking amongst the Rocks , specially the Otter , by that excellent sent of smelling , wherewith he is indewed . The third sort is no greater then the aforesayd Raches , in colour for the most part red , with blacke spots , or else blacke & full of red marks : These are so skilfull ( being vsed by practize ) that they will pursue a Thiefe , or thiefe-stollen Goods , in most precize maner , and finding the trespasser , with great audacity they will make a race vpon him , or if he take the water for his safegard , he shrinketh not to follow him : and entering and issuing at the same places where the party went in and out , he neuer ceaseth to range , till he hath noysed his footing , and be come to the place , wherein the Thiefe is shrowded or hid . These Dogs are called Sleuthhounds : There was a Law amongst the borderers of England and Scotland , that whosoeuer denyed entrance to such a Hound , in pursute mads after Fellons and stollen goods , should be holden as accessary vnto the theft , or taken for the selfe same Thiefe . Of Fowles , such as ( I meane ) liue by prey , there are sundry sorts in Scotland , as Eagles , Falcons , Go●…hawks , Sparhawks , Marlions , and such like : but of water Fowles there is so great store , that the report thereof may séeme to excéede all credit . There are other kinds of Fowles , the like are rare to be séene , as the Capercaily , greater in body then the Rauen , liuing onely by the rindes & barks of trées . There are also many Moore Cockes and Hennes , which abstayning from corne , doe ●…éede onely vpon Hadder crops . These two are very delicate in eating : the third is reddish , blacke of colour , in quantity comparable to the Pheasant , and no lesse delicious in taste and sauour at the table , called The blacke or wilde Cocks . Salmond is more plentifull in Scotland , then in any other Region of the world : in Haruest time they come from the Seas , vp in smal Riuers , where the waters are most shallow , and there the Male and Female , rubbing their bellies , or wombs , one agaynst the other , they shed their Spawne , which foorthwith they couer with sand and grauell , and so depart away : from hencefoorth they are gaunt and ●…lender , and in appearance so leane , appearing nought else but skin and bone : and therefore out of vse and season to be eaten . Some say , if they touch any their full fellowes , during the time of their leanenesse , the same side which they touched will likewise become leane . The foresayd Spawne and milt , being hidden in the sand , ( as you haue heard ) in the next ●…pring doth yéeld great numbers of little Fry , so nesh and tender for a long time , that till they come to be so great as a mans finger ( if you catch any of them ) they melt away , as it were gelly or a blob of water : from henceforth they go to the Sea , where within 20. dayes , they grow to a reasonable greatnesse , and then returning to the place of their generation , they shew a notable spectacle to be con●…idered . There are many Lin●…es or p●…oles , which being in some places among the Rockes , very shallow abou●… , and déepe beneath , with the fall of the water , and thereto the Salmond not able to pierce through the channell , eyther for swiftnesse of the course , or depth of the discent , hee goeth so n●…re vnto the side of the Rocke or Damme as he may , and there aduenturing to leape ouer , and vp into the Linne , if he leape well at the first , he obtayneth his desire , if not , he assayeth e●…soones the second or third time , till he returne to his countrey . A great Fish , able to swimme agaynst the streame : such as assay often to leape , and cannot get ouer , doe bruise themselues , and become meazelled : others that happen to fall vpon dry land ( a thing often séene ) are taken by the people ( watching their time : ) some in Cawdrons of hot water , with fire vnder them , sit vpon shallow or dry places , in hope to catch the fattest , by reason of their waight , that doe leape short . The taste of these are estéemed most delicate , and their prices commonly great . In Scotland it is straightly inhibited to take any Salmond from the 8. of September , vntill the 15. of Nouember . Finally , there is no man that knoweth readily whereon this Fish liueth , for neuer was any thing yet found in their bellyes , other then a thicke s●…ymy humour . In the Deserts and wild places of Scotland , there groweth an Hearbe of it selfe , called , Hadder or Hather , very delicate for all kind of Cattell to féede vpon ; and also for diuers Fowles , but Bées especially : this Hearbe , in Iune , yéeldeth a purple flower , as swéete as hunny , whereof the Picts , in times past , did make a pleasant drinke , and very wholesome for the body : but since their time , the maner of the making hereof is perished in the subuersi●…n of the Picts , neyther shewed they euer the learning hereof to any but to their owne Nation . There is no part of Scotland so vnprofitable ( if it were skilfully searched ) but it produceth either Iron or some other kind of Mettall , as may be proued through all the Iles of Scotland . A memoriall of the most rare and wonderfull things of Scotland . AMong many commodityes , that Scotland hath common with other Nations , it is beautified with some rare gifts in it selfe , wonderfull to consider : as for example . In Orknay , the Ewes are of such fecundity , that at euery Lambing time , they produce , at least , two , and ordinary thrée . There bee neyther venemous nor rauenous Beasts bred there , nor do liue there , although they were tr●…ported thither . In Schetland , the Iles called , ●…hulae , at the entring of the Sunne in Cancer , the space of 20. dayes , there appeares no night at all . Among the Rockes growes the delectable Lambre , called , Succinum , with great resort of the Mertrik , for costly Furrings . In the West , and Northwest of Scotland , there is a great repayring of the Erne , of a maruelous nature ; the people are very curious to catch him , & punze his wings , that hee flie not : he is of a huge quantity , & a rauenous kind , as the Hawkes , and the same quality : they do giue him such sort of meat , in great quantity at once , that he liues contented there with 14. 16. or 20. dayes , and some of them a moneth : their Feathers are good for garnishing of Arrowes , for they receiue no rayne nor water , but remayne alwayes of a durable estate , and vncorruptible : the people doe vse them eyther when they be a hunting , or at warres . In the most of the Riuers in Scotland , beside the maruelous plenty of Salmond , and other Fishes gotten there , is a Shell Fish , called , The Horse-mussell , of a great quantity ; wherein are ingendred innumerable faire , beautifull , & d●…lectable Pearles , conuenient for the pleasure of man , and profitable for the vse of Physicke : and some of them so fayre and polished , that they may be equall to any Orientall Pearles . And generally , by the prouidence of Almighty God , when dearth and scarcity of victuals are in the land , then the Fishes are most plentifully taken , for the support of the people . In Galloway , the one halfe of Loch Mirton , doth neuer fréese . By Innernes , the Loch ; called , Lochnes , and the Riuer flowing from thence into the Sea , doth neuer freese but on the contrary , in the coldest dayes of winter , the Loch and Riuer doe both smoke and réeke , signifying vnto vs , that there is a Myne of Brimstone vnder it , of a hote quality . In Carrik are Kyne and Oxen , delicious to 〈◊〉 , but their ●…esse is of a wonderfull temperature : all other ●…estable Beasts fatnesse , with the cold ayre doth congeale : by the contrary , the fatnes of these Beasts is perpetually liquid , like Oyle . The Woo and Parke of Commernauld is replenished with Kyne and Oxen , and those , at all times , to this day , haue béene wild , & of a wonderfull whitenes , that there was neuer among all that huge number there , so much as the smallest blacke spot found to be vpon one of their sainnes , hornes , or cl●…e . In Kyle is a Rocke , of the height of 12. foote , and as much of bredth , called , The deafe Craig : for although a man should cryneuer so loude to his fellow , from the one side to the other , hee is not heard , although hee would make the noyse of a Gunne . In the Countrey of Stratherne , vpon the water of Farg , by Bal●…ard , there is a Stone , called , The Rock and Stone , of a reasonable bignesse , that if a man will push it with the least motion of his finger , it will mooue very lightly , but if he shall addresse his whole force , he profits nothing : which mooues many people to be wonderfull merry , when they consider such contrariety . In Lennox is a great Loch , called Loch-lowmond , 24. miles in length , & in bredth 8. miles , contayning the number of 30. Iles : In this Loch is obserued 3. wonderfull things : The one is Fishes , very delectable to eate , that haue no fynnes to moue themselues withall , as other Fishes do . The second , tempestuous . Waues and Su●…ges of the water , perpetually raging , without winds , & that in the time of greatest calmes , in the fayre pleasant time of Sū●…r , when the ayre is quiet . The third is , one of these Iles , that is not corroborat , nor vnited to the ground , but haue béene perpetually loose : and although it be fertill of good grasse , and replenished with Neate , yet it moues by the waues of the water ; & is transported , sometimes towards one poynt , and other whiles towards another . In Argyle is a Stone found in diuers parts , the which laid vnder Straw or Stubble , doth consume them to fire , by the great heat that it collects there . In Buquhan , at the demolished Castle of Sl●… , is a Ca●… , from the top whereof ●…illes water , which in short time doth congeale to hard white stones : the Caue is alwayes emptied . In Louthian , 2. miles from Edinburgh , Southward , is a Well spring , called , Saint Katherins Well , flowing perpetually , with a kind of blacke famesse or Oyle , aboue the water , procéeding ( as is thought ) of the Parret Coale , being frequent in these parts : this fatnes is of a marueilous nature : for as the Coale , whereof it procéedes , is sudden to conceiue fire or flame , so is this Oyle of a sudden operation to heale all salt scabs and humours , that trouble the outward skinne of man : commonly the head & hands are quickly healed by this Oyle : it renders a maruelous swéet smell . At Abridene is a Well , of marnelous good quality to dissolue the Stone , to expell Sand from the Rey●…es & Bladder , & good for the Collick , being drunke in the moneth of Iuly , & a few dayes of August . Little inferiour to the renomed water of the Spaw in Almaine . In the North Seas of Scotland are great Clog●… of Timber sound , in the which are maruelously ingendred a sort of Géese , called , Clayk Geese , and doe hang by the beake , till they bee of perfection , oft times sound , & kept in admiration of their rare generation . At Dumbartan , directly vnder the Castle , at the mouth of the Riuer of Clyde , as it enters in the Sea , there are a number of Clayk Geese , black of colour , which in the night time do gather great quantity of the crops of the grasse , growing vpon the land , and carry the same to the Sea : then assembling in a round , and with a wondrous curiostly , do offer euery one his owne portion to the Sea floud , & there attend vpon the flowing of the tide , till the grasse be purified from the fresh taste , and turned to the salt : and left any part thereof should escape , they labour to hold it in with their nebs : thereaster orderly euery Fowle eats his portion : and this custome they obserue perpetually . They are very fat & delicious to be eaten . FINIS . Errata . Pag. 〈◊〉 . lin . 〈◊〉 . word●… , for wierds . p. 42. l. 35. Malonus , Malcolme . p. 66. l. 35. buries , beares . p. 77. l. 10. Higger , Bigger . Ibid. l. ●…5 . peece , p●… . p. 7●… . l. 〈◊〉 . T●… , Ty●… p. 87. l. 17. hal-●…ds , halyards . Ibid. l. 31. & 32. Pictonweme . Pittinweme . Ibid , l. 〈◊〉 . bufy , bufy . p. 88. l. 〈◊〉 . Kipper , Kippo . p. 92. l. 〈◊〉 . Po●…yll , Po●…yll . p. ●…6 . l. 1●… . new , other . 〈◊〉 . Pag. 5. 〈◊〉 . 2●… . Rocira , 〈◊〉 Ro●…ia . Ibid. 〈◊〉 . 2●… . Trondar , for Trondra . Printed at London by Simon S●…afford . Notes, typically marginal, from the original text Notes for div A07619-e240 Originall of the most ancient surname of Murrayes . The originall of the noble surname of the Grahams . The comming in of the Saxans in Brittaine . The beginning of the League with Fraunce . Beginning of the Normanes . Originall of the noble surname of Hayes . Original of the noble surnames of Keith . Original of the royall and auncient name of Stewarts . First Earles . Originall of Surnames , the time of the conquest . Originall of the Perceyes . Originall of the ancient , noble , and vali●…nt sùrname of Dowglasse . Notes for div A07619-e12190 Tewiotdail . Liddisdail . Eskdail . Annandail . Edinburgh . West-Lothian . Linlithgow . The originall of the name of Wdny . Rosse . Sutherland . Stranauern . Notes for div A07619-e13020 I le of Man , pertayning now to England . Arrane . An ancient Castle Rosa. Iura . Taxus like the Fir●…e tree , the fruit thereof is venemous . Yla . Iland like a Man. The weauers Iland . The Mule. Buriall places of the Kings of Scotland . Kings of Ireland . Kings of Norway . Horse Iland . Swine Iland . Iland of Pigmeis . Lewis . Rona . A maruell . Colca , 〈◊〉 fowle vn knowne . Orknay . Saint Magnus Cup. Kirkwaa . Hethland . Notes for div A07619-e16840 Wild Horses . Wolues . Foxes . Three sort of Dogs . Otter . Sleuthhound . Capercaily . Moore Cocke . Blacke Cocke . Salmond Hadde●… . Notes for div A07619-e17220 The Erne . Pearles . Lochmirton . Lochnes White Kyne & Oxen. Deafe Craig . Rockand Stone . Lochlowmōd S. Katherins well . The Well at Abridene . Clayk Geese . Blacke Clayk Geese . 
A13485	----	The pennyles pilgrimage, or The money-lesse perambulation, of Iohn Taylor, alias the Kings Majesties water-poet How he trauailed on foot from London to Edenborough in Scotland, not carrying any money to or fro, neither begging, borrowing, or asking meate, drinke or lodging. With his description of his entertainment in all places of his iourney, and a true report of the vnmatchable hunting in the brea of Marre and Badenoch in Scotland. With other obseruations, some serious and worthy of memory, and some merry and not hurtfull to be remembred. Lastly that (which is rare in a trauailer) all is true. Taylor, John, 1580-1653. 1618 Approx. 96 KB of XML-encoded text transcribed from 27 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A13485 STC 23784 ESTC S118255 99853462 99853462 18845 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A13485) Transcribed from: (Early English Books Online ; image set 18845) Images scanned from microfilm: (Early English books, 1475-1640 ; 941:5) The pennyles pilgrimage, or The money-lesse perambulation, of Iohn Taylor, alias the Kings Majesties water-poet How he trauailed on foot from London to Edenborough in Scotland, not carrying any money to or fro, neither begging, borrowing, or asking meate, drinke or lodging. With his description of his entertainment in all places of his iourney, and a true report of the vnmatchable hunting in the brea of Marre and Badenoch in Scotland. With other obseruations, some serious and worthy of memory, and some merry and not hurtfull to be remembred. Lastly that (which is rare in a trauailer) all is true. Taylor, John, 1580-1653. [54] p. Printed by Edw: All-de, at the charges of the author, London : 1618. Partly in verse. Signatures: A-G⁴ (-G4). Running title reads: Taylors pennilesse pilgrimage. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng England -- Description and travel -- Early works to 1800. Scotland -- Description and travel -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-00 SPi Global Keyed and coded from ProQuest page images 2001-06 TCP Staff (Michigan) Sampled and proofread 2003-05 SPi Global Rekeyed and resubmitted 2004-11 Andrew Kuster Sampled and proofread 2004-11 Andrew Kuster Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion THE PENNYLES PILGRIMAGE , OR The Money-lesse perambulation , of IOHN TAYLOR , Alias the Kings Majesties Water-Poet . HOW HE TRAVAILED ON FOOT from London to Edenborough in Scotland , not carrying any Money to or fro , neither Begging , Borrowing , or Asking Meate , drinke or Lodging . With his Description of his Entertainment in all places of his Iourney , and a true Report of the vnmatchable Hunting in the Brea of Marre and Badenoch in Scotland . With other Obseruations , some serious and worthy of Memory , and some merry and not hurtfull to be Remembred . Lastly that ( which is Rare in a Trauailer ) all is true . LONDON Printed by Edw : All de , at the charges of the Author . 1618. TO THE TRVLY NOBLE , AND RIGHT Honorable Lord , GEORGE Marquesse of Buckingham , Viscount VILLEIRS , Baron of Whaddon , Iustice in Eyre of all his Maiesties Forrests , Parkes , and Chases beyond Trout , Master of the Horse to his Maiesty , and one of the Gentlemen of his Highnesse Royall Bed-Chamber , Knight of the most Noble order of the Garter , and one of his Majesties most Honorable Priuie Councell of both the Kingdomes of England and Scotland . RIght Honorable , and worthy honour'd Lord , as in my Trauailes , I was Entertain'd , welcom'd , and relieu'd by many Honourable Lords , Worshipfull Knights , Esquires , Gentlemen , and others , both in England , & Scotland . So now your Lordships Inclination hath incited , or inuited my poore Muse to shelter herselfe vnder the shadow of your Honourable Patronage , not that there is any worth at all in my sterill inuention , but in all Humilitie I acknowledge that it is onely your Lordships acceptance , that is able to make this nothing , something , and withall engage me euer . Your Honours , in all obseruance : IOHN TAYLOR . To all my louing Aduenturers , by what name or title so euer , my generall salutation . REader , these Trauailes of mine into Scotland , were not vndertaken , neither in imitation , or emulation of any man , but onely deuised by my selfe , on purpose to make triall of my friends , both in this Kingdome of England , and that of Scotland , and because I would be an eye witnesse of diuers things which I had heard of that Country ; and whereas many shallow-brain'd Critickes , doe lay an aspersion on me , that I was set on by others , or that I did vndergoe this project , either in malice , or mockage of Maister Beniamin Ionson , I vow by the faith of a Christian , that their imaginations are all wide , for he is a Gentleman , to whom I am so much obliged for many vndeserued courtesies that I haue receiued from him , and from others by his fauour , that I durst neuer to be so impudent or ingratefull , as either to suffer any mans perswasions , or mine owne instigation , to incite me , to make so bad a requitall , for so much goodnesse formerly receiued ; so much for that , and now Reader , if you expect That I should write of Cities scituations , Or that of Countries I should make relations : Of brooks , crooks , nooks ; of riuers , boorns and rills , Of mountaines , fountaines , Castles , Towers & hills , Of Shieres , and Pieres , and memorable things , Of liues and deaths of great commanding Kings : I touch not those , they not belong to mee , But if such things as these you long to see , Lay downe my Booke , and but vouchsafe to reede The learned Camden , or laborious Speede. And so God speede you and me , whilst I rest yours in all thankfulnes : IOHN TAYLOR . TAYLORS PENNILESSE PILGRIMAGE . LIst Lordings , list ( if you haue lust to list ) I write not here a tale of had I wist : But you shall heare of trauels , and relations , Descriptions of strange ( yet English ) fashions . And he that not beleeues what here is writ , Let him ( as I haue done ) make proofe of it . The yeare of grace , accounted ( as I weene ) One thousand , twice three hundred and eighteene , And to relate all things in order duly , 'T was Tuesday last ; the fourteenth day of Iuly , Saint Reuels day , the Almanacke will tell ye The signe in Virgo was , or neere the belly : The Moone full three dayes old , the winde full South ; At these times I began this trick of youth . I speake not of the Tide ; for vnderstand , My legges I made my Oares , and rowed by land , Though in the morning I began to goe , Good fellowes trooping , flock'd me so , That make what hast I could , the Sunne was set , E're from the gates of London I could get . At last I tooke my latest leaue , thus late At the Bell Inne , that 's extra Aldersgate . There stoode a horse that my prouant should carie , From that place to the end of my fegarie , My Horse , no Horse , or Mare , but guelded Nagge , That with good vnderstanding bore my bagge : And of good cariage he himselfe did show , These things are ex'lent in a beast , you know . There , in my Knapsack , ( to pay hungers fees ) I had good Bacon , Bisket , Neates-tongue , Cheese , With Roses , Barbaries , of each Conserues , And Mithridate , that vigrous health preserues ; And I entreate you take these words for no-lyes , I had good Aqua vita , Rosa so-lies : With sweet Ambrosia , ( the Gods owne drinke ) Most ex'lent geere for mortalls , as I thinke . Besides , I had both vineger and oyle , That could a daring sawcie stomack foyle . This foresaid Tuesday night 'twixt eight and nine , Well rigg'd and ballac'd , both with Beere and Wine , I stumbling forward , thus my iaunt begun , And went that night as farre as Islington . There did I finde , ( I dare affirme it bold ) A Maydenhead of twenty fiue yeeres old , But surely it was painted , like a whore , And for a signe , or wonder , hang'd at ' dore , Which shewe , a Maidenhead , that 's kept so long , May be hang'd vp , and yet sustaine no wrong . There did my louing friendly Host begin To entertaine me freely to his Inne : And there my friends , and good associates , Each one to mirth himselfe accommodates . At Well head both for welcome , and for cheere , Hauing a good New tonne , of good stale Beere : There did we Trundle downe health , after health ( Which oftentimes impaires both health and wealth . ) Till euery one had fill'd his mortall Trunke , And onely Nobody was three parts drunke . The morrow next , Wednesday Saint Swithins day , From ancient Islington I tooke my way . At Hollywell I was inforc'd carrowse , Ale high , and mightie , at the Blinde-mans house . But ther 's a helpe to make amends for all , That though the Ale be great , the Pots be small . At High-gate hill to a strange house I went , And saw the people were to eating bent , I neither Borrow'd , Crau'd , Ask'd , Begg'd or Bought , But most laborious with my teeth I wrought . I did not this cause meate or drinke was scant , But I did practise thus before my want ; Like to a Tilter that would winne the prize , Before the day hee 'le often excercise . So I began to put in vre , at first These principles 'gainst hunger , and 'gainst thirst , Close to the Gate , their dwelt a worthy man , That well could take his whiffe , and quaffe his Canne , Right Robin Good-fellow , but humors euill Doe call him Robin Pluto , or the Deuill . But finding him a Deuill , freely harted , With friendly farewels I tooke leaue and parted . And as alongst I did my Iourney take , I dranke at Broomes-well , for pure fashions sake . Two miles I trauelled then , without a bayte , The Sarazens head at Whetstone entring straight , I found an Host , might lead an Host of men , Exceeding Fat , yet named Lean , and Few , And though we make small reckoning of him heere , Hee 's knowne to be a very Great man there . There I tooke leaue , of all my Company , Bade all farewell , yet spake to No-body . Good Reader thinke not strange , what I compile , For No-body was with me all this while . And No-body did drinke , and winke , and scinke , And on occasion freely spend his Chinke . If any one desire to know the man , Walke , stumble , Trundle , but in Barbican . Ther 's as good Beere and Ale as euer twang'd , And in that street kinde No-body is hang'd , But leauing him , vnto his matchlesse fame , I to St. Albanes in the Euening came , Where Mr. Taylor , at the Sarazens head , Vnask'd ( vnpaid for ) me both lodg'd and sed . The Tapsters , Hostlers , Chamberlaines , and all , Sau'd mee a labour , that I need not call , The Iugges were fild and fild , the cups went round , And in a word great kindnes there I found , For which both to my Cosen , and his men , I le still be thankefull in word , deed , and pen. Till Thursday morning there I made my stay , And then I went plaine Dunstable high-way . My very hart with drought me thought did shrinke , I went twelue miles , and no one bad me drinke . Which made me call to minde , that instant time , That Drunkennes was a most sinful crime . When Puddle-hill I footed downe , and past A mile from thence I found a Hedge at last . There stroke we sayle , our Bacon , Cheese and Bread We drew like Fidlers , and like Farmers fed , And whilst 2. houres we there did take out ease , My Nagge made shift to mump greene Pulse and Pease . Thus we our hungry stomacks did supply , And dranke the water of a Brooke hard by . A way t'ward Hockley in the hole , we make , When straight a Horsman did me ouer-take , Who knew me , and would saine haue giuen me Coyne , I said my Bonds did me from Coyne inioyne . I thank'd and prayd him to put vp his Chinke , And willingly I wisht it drownd in drinke . Away Rode he , but like an honest man , I found at Hockley standing at the Swan , A formall Tapster , with a Iugge and glasse , Who did Arest mee , I most willing was To try the Action , and straight put in bale , My fees were paide before , with sixe-pence Ale. To quitt this kindnesse , I most willing am The man that paide for all , his name is Dam At the greene Dragon , against Grayes-Iune gate , He liues in good Repute , and honest state . I forward went in this my Roauing race , To Stony Stratford I toward night did pace , My minde was fixed through the Towne to passe , To finde some Lodging in the Hay or Grasse , But at the Queenes Armes from the window there , A comfortable voyce I chaunc'd to heare , Call Taylor , Taylor and be hang'd come hither , I look'd for small intreaty and went thither , There were some friends , which I was glad to see , Who knew my Iourney ; lodg'd , and boorded me . On Friday morne , as I would take my way , My friendly Host entreated me to stay , Because it Rain'd he tolde me I should haue , Meate , Drinke , and Horse-meate and not pay or craue . I thank'd him , and for 's loue remaine his debter , But if I liue , I will requite him better . ( From Stony Stratford , the way hard with stones ) Did founder me , and vexe me to the bones , In blustring weather , both for winde and Raine , Through Tocetter I trotted , with much paine , Two miles from thence , we satt vs downe and dynde , Well Bulwark'd by a hedge , from raine and winde . We hauing fed , away incontinent , With weary pace toward Dauentry we went , Foure miles short of it , one o're-tooke me there , And tolde me he would leaue a Iugge of Beere , At Dauentry at the Horse-shoe , for my vse , I thought it no good manners to refuse , But thank'd him , for his kinde vnasked gift , Whilest I was lame as scarce a leg could lift , Came ilmping after to that stony Towne , Whose hard streetes , made me almost halt tight downe . There had my friend performed the words he saide , And at the doore a Iugge of liquor staide The folkes were all informed , before I came , How , and wherefore my Iourney I did frame , Which caused mine Hostesse from her doore come out , ( hauing a great Wart Rampant on her snowt . ) The Tapsters , Hostlers , one another call , The Chamberlaines with admiration all , Were fild with wonder , more then wonderfull , As if some Monster sent from the Mogull , Some Elephant from Affricke , I had beene , Or some strange beast from th' Amazonian Queene . As Buzards , Widgions , Woodcocks , and such fowle , Doe gaze and wonder at the broad-fac'd Owle , So did these brainlesse Asses , all-amaz'd , With admirable Non sence talk'd and gaz'd . They knew my state , ( although not tolde by me , ) That I could scarcely goe , they all did see , They dranke of my Beere , that to me was giuen , But gaue me not a drop , to make all eeuen . And that which in my minde was most amisse , My Hostesse she stood by and saw all this , Had she but said , come neere the house my friend , For this day heere shall be your Iourneys end , Then had she done , the thing which she did not , And I in kinder wordes had paid the shot . I doe intreat my friends , ( as I haue some ) If they to Dauentry doe chance to come , That they will balke that Inne ; or if by chaunce , Or accident into that house they glaunce , Kinde Gentlemen , as they by you reape profit , My hostesse Care of mee , pray tell her of it . Yet doe not neither , Lodge there when you will , You for your money shall be welcome still . From thence that night , although my bones were sore , I made a shift to hobble seau'n miles more : The way to Dunchurch , foule with dirt and mire , Able , I thinke , both man and horse to tire . On Dunsmore Heath , a hedge doth there enclose Grounds , on the right hand , there I did repose . Wits whetstone , want , there made vs quickly learne , With kniues to cut downe Rushes , and greene Fearne , Of which we made a field-bed in the field , Which fleepe , and rest , and much content did yeeld . There with my mother Earth , I thought it fit To lodge , and yet no Incest did commit : My bed was Curtain'd with good wholesome ayres , And being weary , I went vp no stayres : The skie my Canopy , bright Pheabe shinde , Sweet bawling Zephirus breath'd gentle winde , In heau'ns Starre Chamber I did lodge that night , Tenne thousand Starres , me to my bed did light ; There baracadoed with a banke lay wee Below the lofty branches of a tree , There my bed-fellowes and companions were , My Man , my Horse , a Bull , foure Cowes , two Steere : But yet for all this most confused rowt , We had no bed-staues , yet we fell not out , Thus Nature , like an ancient free Vpholster , Did furnish vs with bedstead , bed , and bolster ; And the kinde skies , ( for which high Heau'n be thanked , Allow'd vs a large Couering and a Blanket : Aurora's face gan light our lodging darke . We arose and mounted , with the mounting Larke , Through plashes , puddles , thicke , thinne , wet and dry , I trauail'd to the Citie Couentry . There Maister Doctor Holland caus'd me stay The day of Saturne , and the Sabaoth day . Most friendly welcome , he did me affoord , I was so entertain'd at bed and boord , Which as I dare not bragge how much it was , I dare not be ingrate and let it passe , But with thankes many I remember it ( In stead of his good deedes ) in words and writ , He vs'd me like his sonne , more then a friend , And he on Monday his commends did send To Newhall , where a Gentleman did dwell , Who by his name is hight Sacheuerell . The Tuesday Iulyes one and twenteth day , I to the Citie Lichfield tooke my way , At Sutton Coffill with some friends I met , And much adoe I had from thence to get , There I was almost put vnto my trumps , My Horses shooes were worne as thinne as pumps ; But noble Vulcan , a mad smuggy Smith , All reparations me did furnish with . The shooes were well remou'd , my Palfrey shod , And he referr'd the payment vnto God. I found a friend , when I to Lichfield came , A Ioyner , and Iohn Piddock is his name , He made me welcome , for he knew my iaunt , And he did furnish me with good prouant : He offred me some money , I refus'd it , And so I tooke my leaue , with thanks excus'd it . That Wednesday I a weary way did passe , Raine , winde , stones , dirt , and dabling dewie grasse , With here and there a pelting scatter'd village , Which yeelded me no charity , or pillage : For all the day , nor yet the night that followed , One drop of drinke I 'm sure my gullet swallowed . At night I came t' a stonie Towne call'd Stone , Where I knew none , nor was I knowne of none : I therefore through the streetes held on my pace , Some two miles farther to some resting place : At last I spide a meddow newly mowde , The Hay was rotten , the ground halfe o're-flowde : We made a breach , and entred horse and man , There our pauillion , we to pitch began , Which we erected with greene Broome and Hay T' expell the colde , and keepe the raine away ; The skie all muffled in a cloud gan lowre , And presently there sell a mighty showre , Which without intermission downe did powre , From tenne at night , vntill the mornings foure . We all that time close in our Couch did lye , Which being well compacted , kept vs dry . The worst was , we did neither sup nor sleepe , And so a temperate dyet we did keepe . The morning all enroab'd in drisling fogges , We being as ready as we had beene dogges : We neede not stand vpon long ready making , But gaping , stretching , and our eares well shaking : And for I found my Host and Hostesse kinde , I like a true man left my sheetes behinde . That Thursday morne , my weary course I fram'd , Vnto a Towne that is Newcastle nam'd , ( Not that Newcastle standing vpon Tine ) But this Townes scituation doth confine Neere Cheshiere , in the famous County Stafford , And for their loue , I owe them not a straw for 't ; But now my versing Muse craues some repose , And whilst she sleepes I le spowt a little prose . In this Towne of Newcastle , I ouertooke an Hostler , and I asked him what the next towne was called , that was in my way toward Lancaster , he holding the end of a riding rod in his mouth , as if it had beene a Fluit , piped me this answere , and said , Talke on the hill ; I asked him againe what hee said , Talke on the hill : I demaunded the third time , and the third time he answered me as he did before , Talke on the hill . I began to grow chollericke , and asked him why hee could not talke , or tell mee my way as well there , as on the hill ; at last I was resolued , that the next Towne was foure miles off mee , and the name of it was , Talke on the hill . I had not trauailed aboue two miles farther : but my last nights supper ( which was asmuch as nothing ) my mind being enformed of it by my stomacke . I made a vertue of necessity , and went to breakfast in the sunne : I haue sared better at three sunnes many a time before now , in Aldersgate streete , Creeplegate , and new Fishstreete ; but here is the oddes , at those Sunnes they will come vpon a man with a Tauerne bill , as sharpe cutting as a Taylors bill of Items : A Watch-mans blil , or a Welch-hooke falles not halfe so heauy vpon a man ; besides , most of the Vintners haue the law in their owne hands , and haue all their Actions , Cases , Bills of Debt , and such Reckonings tried at their owne Barres ; from whence there is no appeale . But leauing these impertinencies , in the materiall Sunne-shiee , wee eate a substantiall Dinner , and like miserable Guestes wee did budget vp the Reuersions . And now with sleepe , my Muse hath eas'd her braine . I 'le turne my stile from prose , to verse againe . That which we could not haue , we freely spar'd , And wanting drinke , most soberly we far'd . We had great store of fowle ( but 't was foule way ) And kindly euery step entreates me stay , The clammy clay sometimes my heeles would trip , One foote went forward , th' other backe would slip . This weary day , when I had almost past , I came vnto Sir Vrian Legh's at last , At Adlington , neere Macksfield he doth dwell , Belou'd , respected , and reputed well . Through his great loue , my stay with him was fixt , From Thursday night , till noone on Monday next , At his owne table I did dayly eate , Whereat may be suppos'd , did want no meate , He would haue giu'n me Gold or Siluer either , But I with many thankes , receiued neither . And thus much without flatterie I dare sweare , He is a Knight beloued farre and neere . First he 's beloued of his God aboue , ( which loue , he loues to keepe , beyond all loue ) Next with a Wife and Children he is blest , Each hauing Gods feare planted in their brest . With faire Demaines , Reuennue of good Lands , Hee 's fairely blest by the Almighties hands , And as hee 's happy in these outward things , So from his inward minde , continuall springes Fruits of Deuotion , deeds of Piety , Good hospitable workes of Charity , Iust in his Actions , Constant in his word , And one that wonne his honour with his sword . Hee 's no Carranto , Capr'ing , Carpet Knight , But he knowes when , and how to speake or fight . I cannot flatter him , say what I can , Hee 's euery way a compleat Gentleman . I write not this , for what he did to me , But what mine eares , and eyes did heare and see , Nor doe I pen this to enlarge his fame , But to make others Imitate the same . For like a Trumpet were I pleasd to blow , I would his worthy worth more amply show , But I already feare haue beene too bolde , And craue his pardon , me excusd to holde . Thankes to his Sonnes and seruants euery one , Both males and females all , excepting none . To beare a letter he did me require , Neere Manchester , vnto a good Esquire : His kinsman Edmond Prestwitch , he ordain'd , That I at Manchester was Entertain'd Two nights , and one day , ere we thence could passe , For Men and Horse , Rost , boyl'd , and Oates , and Grasse : This Gentleman , not onely gaue me harbor , But in the morning sent to me his Barber , Who lau'd , and shau'd me , still I spard my purse , Yet sure he left me many a haire the worse . But in conclusion , when his worke was ended , His Glasse informd , my face was much amended . And for the kindnesse he to me did show , God grant his Customers beards faster grow , That though the time of yeare be deere or cheape , From fruitfull faces hee may mowe and reape . Then came a Smith , with Shoes , and Tooth and Nayle , He searched my Horse hooues , mending what did faile , Yet this I note , my Nagge , through stones and dirt , Did shift shoes twice , ere I did shift one shirt : Can these kinde thinges be in obliuion hid ? No , Mr. Prestwitch , this and much more did , His friendship did command , and freely gaue All before writ , and more then I durst craue . But leauing him a little , I must tell , How men of Manchester , did vse me well , Their loues they on the tenter-hookes did racke , Rost , Boyld , Bak'd , too too much , White , Claret , Sacke , Nothing they thought too heauy or too hot , Canne follow'd Canne , and Pot succeeded Pot , That what they could doe , all they thought too little , Striuing in loue the Traueller to whittle . We went vnto the house of one Iohn Pinners , ( A man that liues amongst a crew of Sinners ) And there Eight seuerall sorts of Ale we had , All able to make one starke drunke or mad . But I with courage brauely flinched not , And gaue the Towne leaue to discharge the shot . We had at one time set vpon the Table , Good Ale of Hisope , 't was no Esope Fable : Then had we Ale of Sage , and Ale of Malt , And Ale of Worme-wood , that can make one halt , With Ale of Rosemary , and Bettony , And two Ales more , or else I needes must lye . But to conclude this drinking A lye tale , We had a sort of Ale , called Scuruy Ale. Thus all these men , at their owne charge and cost , Did striue whose loue might be expressed most . And farther to declare their boundlesse loues , They saw I wanted , and they gaue me Gloues , In deed , and very deede , their loues were such , That in their praise I cannot write too much ; They merit more then I haue here compil'd , I Lodged at the Eagle and the Childe , Whereas my Hostesse , ( a good Auncient woman ) Did entertaine me with respect , not common . She caus'd my Linnen , Shirts , and Bands be washt , And on my way she caus'd me be refresht , She gaue me twelue Silke poyntes , she gaue me Baken , Which by me much refused , at last was taken , In troath shee prou'd a mother vnto me , For which , I euermore will thankfull be . But when to minde these kindnesses I call , Kinde Mr. Prestwitch Author is of all , And yet Sr. Vrian Leigh's good Commendation Was the maine ground of this my Recreation . From both of them ; there what I had , I had , Or else my entertainment had bin bad . O all you worthy men of Manchester , True bred blouds of the County Lancaster ) When I forget what you to me haue done , Then let me head-long to confusion runne . To Noble Mr. Prestwach I must giue Thankes , vpon thankes , as long as I doe liue , His loue was such , I ne're can pay the score , He farre surpassed all that went before , A horse and man he sent , with boundlesse bounty , To bring me quite through Lancasters large County . Which I well know is Fifty miles at large , And he defrayed all the Cost and charge . This vnlook'd pleasure , was to me such pleasure , That I can ne're expresse my thankes with measure . So Mistresse Saracoale , Hostesse kinde , And Manchester with thankes I left behinde . The Wednesday being Iulyes twenty nine , My Iourney I to Preston did Confine , All the day long it rayned but one showre , Which from the Morning to the Ene'n did powre , And I , before to Preston I could get , Was sowsd , and pickeld both with Raine and sweat . But there I was supply'd , with fire and food , And any thing I wanted , sweete and good . There , at the Hinde , kinde Mr. Hinde mine Host , Kept a good table , Bak'd and boyld , and Rost , There Wedensday , Thursday , Friday I did stay , And hardly got from thence on Saturday . Vnto my Lodging often did repaire , Kinde Mr. Thomas Banister , the Mayor , Who is of worship , and of good Respect , And in his Charge discreet and circumspect . For I protest to God I neuer saw , A Towne more wisely Gouern'd by the Law. They tolde me when my Soueraigne there was last , That one mans rashnes , seem'd to giue distast ▪ It grieu'd them all , but when at last they found , His Majesty was pleasd , their ioyes were crown'd , He knew the fairest Garden hath some weedes , He did accept their kinde intents , for deedess One man there was , that with his zeale too hot . And furious hast , himselfe much ouer ▪ shot . But what man is so foolish , that desires To get good Fruit , from thistles , thornes and bryers ? Thus much I thought good to demonstrate heere , Because I saw how much they grieued were . That any way , the least part of offence , Should make them seeme offensiue to their Prince . Thus three nights was I staide and lodg'd in Preston , And saw nothing ridiculous to iest on , Much cost and charge the Mayor vpon me spent , And on my way two miles , with me he went , There ( by good chance ) I did more friendship get , The vnder Shriefe of Lancashire , we met , A Gentleman that lou'd , and knew me well , And one whose bounteous minde doth beare the bell . There , as if I had beene a noted thiefe , The Mayor deliuered me vnto the Shriefe . The Shriefes authority did much preuaile , He sent me vnto one that kept the Iayle . Thus I perambulating , poore Iohn Taylor , Was giu'n from Mayor to Shriefe , from Shriefe to Iaylor , The Iaylor kept an Inne , good beds , good cheere , Where paying nothing , I found nothing deere . For the vnder Shriefe kinde Maister Couill nam'd , ( A man for house-keeping renown'd and fam'd ) Did cause the Towne of Lancaster afford Me welcome , as if I had beene a Lord. And 't is reported , that for dayly bounty , His mate can scarce be found in all that County . Th'extreames of mizer , or of prodigall He shunnes , and liues discreete and liberall , His wiues minde , and his owne are one , so fixt , That Argos eyes could see no oddes betwixt , And sure the difference , ( if there diff'rence be ) Is who shall doe most good , or he , or she . Poore folks reports , that for releeuing them , He and his wife , are each of them a Iem ; At th'Inne , and at his house two nights I staide , And what was to be paid , I know he paide ; If nothing of their kindnesse I had wrote , Ingratefull me the world might iustly note : Had I declar'd all I did heare and see , For a great flatt'rer then I deem'd should be , He and his wife , and modest daughter Besse , With Earth and Heau'ns felicity , God blesse . Two dayes a man of his at his command , Did guide me to the midst of Westmerland , And my Conductor , with a liberall fist To keepe me moyst , scarce any Alehouse mist. The fourth of August ( weary , halt , and lame ) We in the darke , t a Towne call'd Sebder came , There Maister Borrowd , my kinde honest Host , Vpon me did bestow vnasked cost . The next day I held on my iourney still , Sixe miles vnto a place call'd Carling hill , Where Maister Edmond Branthwaite doth recide , Who made me welcome , with my man and guide . Our entertainement , and our fare was such , It might haue satisfied our betters much ; Yet all too little was , his kinde heart thought , And fiue miles on my way himselfe me brought , At Orton he , I , and my man did dine With Maister Corney , a good true Diuine , And surely Maister Branthwait's well belou'd , His firme integrity is much approu'd : His good effects , doth make him still affected Of God and good men , ( with regard ) respected . He sent his man with me , o're Dale and Downe , Who lodg'd , and borded me at Peereth Towne , And such good cheere , and bedding there I had , That nothing , ( but my weary selfe ) was bad ; There a fresh man , ( I know not for whose sake ) With me a iourney would to Carlile make ; But from that Citie , about two miles wide Good Sir Iohn Dalston lodg'd me and my guide . Of all the Gentlemen in England bounds , His house is neerest to the Scottish grounds , And Fame proclaimes him , farre and neere , aloud , He 's free from being couetous , or proud : His sonne Sir George , most affable , and kinde , His fathers image , both in forme and minde : On Saturday to Carlile both did ride , Where ( by their loues and leaues ) I did abide , Where of good entertainement I found store , From one that was the Mayor the yeare before , His name is Maister Adam Robinson , I the last English friendship with him won . He ( gratis ) found a guide to bring me thorough , From Carlile to the Citie Edinborough : This was a helpe , that was a helpe alone , Of all my helps inferiour vnto none . Fight miles from Carlile runnes a little Riuer , Which Englands bounds , from Scotlands grounds doth seuer . Without Horse , Bridge , or Boate I o're did get On foote , I went yet scarce my shooes did wet . I being come to this long look'd for land , Did marke , remarke , note , renote , viewd and scand : And I saw nothing that could change my will , But that I thought my selfe in England still . The Kingdomes are so neerely ioyn'd and fixt , There scarcely went a paire of Sheares betwixt ; There I saw skie aboue , and earth below , And as in England , there the Sunne did shew : The hills with Sheepe repleate , with Corne the dale , And many a cottage yeelded good Scotch Ale ; This County ( Avandale ) in former times , Was the curst climate of rebellious crimes : For Cumberland and it , both Kingdomes borders , Were euer ordred , by their owne disorders , Such sha king , shifting , cutting throates , and thieuing , Each taking pleasure , in the others grieuing ; And many times he that had wealth to night , Was by the morrow morning beggerd quite : To many yeares this pell-mell furie lasted , That all these borders were quite spoyl'd and wasted , Confusion , hurly-burly raign'd and reueld , The Churches with the lowly ground were leueld ; All memorable monuments defac'd , All places of defence o'rethrowne and rac'd . That who so then did in the borders dwell , Liu'd little happier then those in hell . But since the all-disposing God of heauen , Hath these two Kingdomes to one Monarch giuen , Blest peace , and plenty on them both hath showr'd Exile , and hanging hath the theeues deuowr'd , That now each subiect may securely sleepe , His Sheepe , and neate , the blacke the white doth keepe , For now those Crownes are both in one combinde Those former borders , that each one confinde , Appeares to me ( as I doe vnderstand ) To be almost the Center of the land , This was a blessed heauen expounded riddle , To thrust great Kingdomes skirts into the middle . Long may the instrumentall cause suruiue From him and his , succession still deriue True heires vnto his vertues , and his throane , That these two Kingdomes euer may be one . This County of all Scotland is most poore , By reason of the outrages before , Yet mighty store of Corne I saw there growe , And as good grasse as euer man did mowe : And as that day I twenty miles did passe , I saw eleuen hundred Neat at grasse , By which may be coniectur'd at the least , That there was sustenance for man and beast . And in the Kingdome I haue truly scand , There 's many worser parts , are better mand , For in the time that theeuing was in vre , The Gentles fled to places more secure . And left the poorer sort , t' abide the paine , Whilest they could ne're finde time to turne againe . That Shire of Gentlemen is scarce and dainty , Yet there 's reliefe in great aboundance plenty , Twixt it and England , little oddes I see , They eate , and liue , and strong and able bee , So much in Verse , and now I le change my stile , And seriously I 'le write in Prose a while . To the purpose then ; my first nights Lodging in Scotland was at a place called Mophot , which they say is thirty miles from Carlile , but I suppose them to be longer then forty of such miles as are betwixt London and S. Albanes , ( but indeed the Scots doe allow almost as large measure of their miles , as they doe of their drinke , for an English Gallon either of Ale or Wine , is but their quart , and one Scottish mile now and then may well stand for a mile and a halfe or two English ) but howsoeuer short or long , I found that dayes iourney the weariest that euer I footed ; and at night being come to the Towne , I found good ordinary Countrey entertainment ; my fare , and my lodging was sweete and good , and might haue serued a far better man then my selfe , although my selfe haue had many times better : but this is to be noted , that though it Rained not all the day , yet it was my fortune to be well wet twise , for I waded ouer a great Riuer called Eske in the morning , somewhat more then 4. miles distance from Carlile in England , and at night within two miles of my lodging , I was faine to wade ouer the Riuer of Annan in Scotland , from which Riuer the County of Annandale hath it's name . And whilst I waded on foote , my man was mounted on horse-backe , like the George without the Dragon . But the next morning , I arose and left Mophot behind me , and that day I trauailed twenty one miles to a sory Village called Blithe , but I was blithe my selfe to come to any place of harbour or succour , for since I was borne , I neuer was so weary , or so neere being dead with extreame trauell ; I was founderd and refounderd of all foure , and for my better comfort , I came so late , that I must lodge without doore all night , or else in a poore house where the good wife lay in Child-bed , her husband being from home , her owne seruant Mayd being her nurse . A Creature naturally compacted and artificially adorned with incomparable homelines ; but as thinges were I must either take or leaue , and necessity made me enter , where we gat Egges and Ale by measure and by tale . At last to bed I went , my man lying on the floore by me , where in the night there were Pidgeons did very bountifully mute in his face : the day being no sooner come , and I hauing but fifteene miles to Ederborough , mounted vpon my ten toes , and began first to hobble , and after to Amble , and so being warme , I fell to pace by degrees ; all the way passing through a most plentifull , and firtill Countrey for Corne and Cattle : and about two of the clocke in the afternoone that Wednesday , being the thirteenth of August , and the day of Clare the Virgin ( the Signe being in Virgo ) the Moone foure dayes olde , the winde at , West , I came to take rest , at the wished , long expected , Auncient famous Citty of Edenborough , which I entred like pierce penilesse , altogether monyles , but I thanke God not friendlesse ; for being there , for the time of my stay I might borrow , ( if any man would lend ) spend if I could get , begge if I had the impudence , and steale if I durst aduenture the price of a hanging , but my purpose was to house my horse , and to suffer him and my Apparell to Lye in durance , or Lauender in stead of Litter , till such time , as I could meete with some valiant friend that would desperately disburse . Walking thus downe the street , ( my body being tyred with Trauell , and my minde attyred with moody , muddy , Moore-ditch melancholly ) my Contemplation did deuoutly pray , that I might meete one or other to prey vpon , being willing to take any slender acquaintance of any man whatsoeuer , viewing , and circumuiewing euery mans face I met , as if I meant to draw his picture , but all my acquaintance was Non est inuentus , ( pardon me Reader , that Latine is none of mine owne , I sweare by Priscians Pericranion , an oath which I haue ignorantly broken many times . ) At last I resolu'd , that the next Gentleman that I met withall , should be acquaintance whether he would or no , and presently fixing mine eyes vpon a Gentleman-like obiect , I looked on him as if I would suruay something through him , and make him my perspectiue : and he much musing at my gazing , and I much gazing at his musing , at last hee crost the way and made toward me , and then I made downe the streete from him , leauing him to encounter with my man who came after me leading my Horse , whome hee thus Accosted . My friend ( quoth hee ) doth yonder Gentleman , ( meaning mee ) know mee that he lookes so wistly on me ; truely Sr. said my man I thinke not , but my Mr. is a stranger come from London , and would gladly meete with some acquaintance to direct him where he may haue lodging and horse-meate : presently the Gentleman , ( being of a generous disposition ) ouer-tooke me with vnexpected and vndeserued courtesie , brought me to a lodging , and caused my Horse to bee put into his owne Stable , whilest we discoursing ouer a pinte of Spanish . I related asmuch English to him as made him lend me Ten shillings , ( his name was Mr. Iohn Maxwell ) which money I am sure was the first that I handled after I came from out the walles of London : but hauing rested two houres and refreshed my selfe , the Gentleman and I walked to see the Citty , and the Castle , which as my poore vnable and vnworthy pen can , I will truely discribe . The Castle on a loftie Rocke is so strongly grounded , bounded , and founded , that by force of man it can neuer bee confounded ; the Foundation and Walles are vnpenetrable , the Rampiers Impregnable , the Bulwarkes Inuincible , no way but one to it is or can be possible to be made passable . In a word , I haue seene many Straights and Fortresses , in Germany , the Netherlands , Spaine , and England , but they must all giue place to this vnconquered Castle both for strength and Scituation . Amongst the many memorable thinges which I was shewed there , I noted especially a Great peece of Ordinance of Iron , it is not for batterie , but it will serue to defend a breach , or to tosse balles of wilde-fire against any that should assaile or assault the Castle ; it lyes now dismounted . And it is so great within , that it was tolde mee that a Childe was once gotten there , but I to make tryall crept into it , lying on my backe , and I am sure there was Roome enough and spare for a greater then my selfe . So leauing the Castle , as it is both defenciue against any opposition , and magnificke for Lodging and Receite , I descend lower to the Citty , wherein I obserued the fairest and goodliest Street that euer mine eyes beheld , for I did neuer see or heare of a streete of that length , ( which is halfe an English mile from the Castle to a faire Port which they call the Neather-bow ) and from that Port the streete which they call the Kenny-hate is one quarter of a mile more : downe to the Kings Pallace called Holy-rood-House , The buildings on each side of the way being all of squared stone , fiue , sixe , and seauen Storyes high , and many by Lanes and Closes on each side of the way , wherein are Gentlemens houses , much fairer then the buildings in the high streete , for in the High-street the Marchants and Tradesmen doe dwell , but the Gentlemens mansions and goodliest Houses are obscurely founded in the aforesaid Lanes : the Walles are eight or ten Foote thicke , exceeding strong , not built for a day , a weeke , or a month , or a yeare ; but from Antiquitie to Posteritie , for many Ages ; There I found entertainment beyond my expectation or merite , and there is Fish , Flesh , Bread and Fruite , in such variety , that I thinke I may offencelesse call it superfluitie , or sacietie . The worst was , that Wine and Ale was so scarce , and the people there such Mizers of it , that euery night before I went to bed , if any man had asked mee a Ciuill question , all the wit in my head could not haue made him a Sober answer . I was at his Maiesties Pallace , a Stately and princely seate , wherein I saw a sumptuous Chappell most richly adorned , with all apurtenances belonging to so sacred a place , or so Royall an owner . In the inner Court , I saw the Kings Armes cunningly carued in stone , and fixed ouer a doore aloft on the wall , the red Lyon being the Crest , ouer which was written this inscription in Latine , Nobis haec inuicta miserunt , 105. proaui . I enquired what the English of it was ? it was told me as followeth , which I thought worthy to be recorded . 106. Fore-fathers hath left this to vs vnconquered . This is a worthy and a memorable Motto , and I thinke few Kingdomes or none in the world can truly write the like , that notwithstanding so many inroades ▪ incursions , attempts , assaults , ciuill warres , and forraigne hostilities , bloodie battels , and mightie foughten fields , that maugre the strength and pollicie of enemies , that Royall Crowne and Scepter hath from one hundred and seauen descents , keepe still vnconquered , and by the power of the King of Kings ( through the grace of the Prince of peace ) is now left peacefully to our peacefull King , whom long in blessed peace , the God of peace defend and gouerne . But once more , a word or two of Edinborough , although I haue scarcely giuen it that due which belongs vnto it , for their lofty and stately buildings , and for their faire and spacious streete , yet my minde perswades me that they in former ages that first founded that Citie , did not so well in that they built it in so discommodious a place ; for the Sea , and all nauigable Riuers , being the chiefe meanes for the enriching of Townes and Cities , by the reason of Traffique with forraigne Nations , with exportation , transportation , and receite of variety of Marchantdizing ; so this Citie had it beene built but one mile lower on the Sea side , I doubt not but it had long before this beene comparable to many a one of our greatest Townes and Cities in Europe , both for spaciousnesse of bounds , Port , state , and riches . It is said that King Iames the fifth ( of famous memorie ) did graciously offer to purchase for them , and to bestow vpon them freely , certaine lowe and pleasant grounds a mile from them on the Sea shore , with these conditions , that they should pull downe their Citie , and build it in that more commodious place , but the Citizens refused it : and so now it is like ( for me ) to stand where it doth , for I doubt such another proffer of remoueall will not be presented to them , till two dayes after the Faire . Now haue with you for Leeth , whereto I no sooner came , but I was well entertained by Mr. Barnard Lindsay , one of the Groomes of his Maiesties Bed-chamber , hee knew my estate was not guilty , because I brought no guilt with mee ( more then my sinnes , and they would not passe for current there ) hee therefore did replenish the vaustity of my emptie purse , and discharged a peece at mee with two bullets of gold , each being in value worth eleuen shillings white money : and I was credibly informed that within the compasse of one yeare , there was shipped away from that onely Port of Leeth , fourescore thousand Boles of Wheate , Oates , and Barley , into Spaine , France , and other forraigne parts , and euery Bole containes the measure of foure English bushels , so that from Leeth onely hath beene transported three hundred and twenty thousand bushels of Corne ; besides some hath beene shipped away from St. Andrewes , from Dundee , Aberdeene , Disert , Kirkady , Kinghorne , Burnt-Iland , Dunbar , and other portable Townes , which makes mee to wonder that a Kingdome so populous as it is , should neuerthelesse sell so much bread corne beyond the Seas , and yet to haue more then sufficient for themselues . So I hauing viewed the Hauen and Towne of Leeth , tooke a passage Boate to see the new wondrous Well , to which many a one that is not well , comes farre and neere in hope to be made well : indeede I did heare that it had done much good , and that it hath a rare operation to expell or kill diuers maladies ; as to prouoke appetite , to helpe much for the auoyding of the grauell in the bladder , to cure sore eyes , and olde vlcers , with many other vertues which it hath , but I ( through the mercy of God hauing no neede of it , did make no great inquisition what it had done , but for nouelty I dranke of it , and I found the taste to be more pleasant then any other water , sweet almost as milke , yet as cleare as cristall , and I did obserue that though a man did drinke a quart , a pottell , or as much as his belly could containe , yet it neuer offended or lay heauie vpon the stomacke , no more then if one had dranke but a pint or a small quantity . I went two miles from it to a towne called Burnt-Iland , where I found many of my especiall good friends , as M. Robert Hay , one of the Groomes of his Maiesties Bed-chamber , Maister Dauid Drummond , one of his Gentlemen Pentioners ▪ Maister Iames Acmooty , one of the Groomes of the Priuie Chamber , Captaine M●rray , Sir Henry Witherington Knight , Captaine Tyrie , and diuers others ▪ and there Master Hay , Maister Drummond , and the good olde Captaine Murray , did very bountifully furnish mee with gold for my expences , but I being at dinner with those aforesaid Gentlemen , as we were discoursing , there befell a strange accident , which I thinke worth the relating . I know not vpon what occasion they began to talke of being at Sea in former times , and I ( amongst the rest ) said I was at the taking of Cales , whereto an English Gentleman replied , that he was the next good voyage after at the Ilands : I answered him that I was there also . He demanded in what Ship I was ? I tolde him in the Rainebowe of the Queenes , why ( quoth hee ) doe you not know mee ? I was in the same Ship , and my name is Witherington . Sir , said I , I doe remember the name well , but by reason that it is neere two and twenty yeeres since I saw you , I may well forget the knowledge of you : well , said hee , if you were in that Ship , I pray you tell me some remarkable token that happened in the voyage : whereupon I tolde him two or three tokens which hee did know to be true . Nay then said I , I will tell you another which ( perhaps ) you haue not forgotten ; as our Ship and the rest of the fleete did ride at Anchor at the I le of Flores ( one of the Isles of the Azores ) there were some fourteene men and boyes of our Ship , that for nouelty would goe a shore , and see what fruit the I land did beare , and what entertainement it would yeeld vs : so being landed , wee went vp and downe and could finde nothing but stones , heath and mosse , and wee expected Oranges , Limonds , Figges , Muske-millions , and Potatoes : in the meane space the winde did blow so stiffe , and the Sea was so extreame rough , that our Ship-boate could not come to the land to fetch vs , for feare she should be beaten in pieces against the rockes ; this continued fiue dayes , so that wee were all almost famished for want of foode : but at last ( I squandring vp and downe ) by the prouidence of God I happened into a Caue or poore habitation , where I found fifteene loaues of bread , each of the quantity of a penny loafe in England , I hauing a valiant stomacke of the age of almost 120. houres breeding , fell too , and eate two loaues and neuer said grace : and as I was about to make a Horse-loafe of the third loafe , I did put 12. of them into my breeches , and my sleeues , and so went mumbling out of the Caue , leaning my backe against a tree , when vpon the sodaine a Gentleman came to me and saide , friend what are you eating , bread quoth I , for Gods sake said hee giue me some , with that I put my hand into my breech , ( beeing my best pantrey ) and I gaue him a Loafe , which hee receiued with many thankes , and saide that if euer hee could requite it hee would . I had no sooner tolde this tale but Sr. Henry Witherington did acknowledge himselfe to bee the man that I had giuen the Loafe vnto 22. yeares before , where I found the Prouerbe true that men haue more priuiledge then mountaines in meeting . In what great measure , hee did requite so small a courtesie , I will relate in this following discourse in my Returne through Northumberland : So leauing my man at the towne of Burnt Iland , I tolde him , I would but goe to Sterling , and see the Castle there , and withall to see my honourable friends the Earle of Marr , and Sir William Murray Knight , Lord of Abercarny , and that I would returne within two dayes at the most : But it fell out quite contrary ; for it was fiue and thirtie dayes before I could get backe againe out of these Noble-mens company . The whole progresse of my trauell with them , and the cause of my stay , I cannot with gratefulnesse omit ; and thus it was . A worthy Gentleman , named Master Iohn Fenton , did bring mee on my way sixe miles , to Dumfermling , where I was well entertained , and lodged at Master Iohn Gibb his house , one of the Groomes of his Maiesties Bed-chamber , and I thinke the oldest Seruant the King hath : withall I was well entertained there by Master Crighton at his owne house , who went with mee , and shewed mee the Queenes Palace ; ( a delicate and a princely Mansion ) withall I saw the ruines of an auncient and stately built Abbey , with faire Gardens , Orchards , and Medowes belonging to the palace : all which with faire and goodly Reuenues , by the suppression of the Abbey , were annexed to the Crowne . There also I saw a very faire Church , which though it be now very large and spacious , yet it hath in former times been much larger . But I taking my leaue of Dumfermling , would needs goe and see the truely noble Knight Sir George Bruce , at a Towne called the Cooras : there hee made mee right welcome , both with varietie of fare , and discourse ; and after all , hee commaunded three of his men to direct mee to see his most admirable Cole-mines ; which ( if man can or could worke wonders ) is a wonder : for my selfe neither in any trauels that I haue been in , nor any History that I haue read , or any Discourse that I haue heard , did neuer see , reade , or heare of any worke of man that might parallell or be equiualent with this vnfellowed and vnmatchable worke : and though all I can say of it , cannot describe it according to the worthinesse of his vigilant industry , that was both the occasion , Inuentor , and Maintainer of it : yet rather then the memory of so rare an Enterprise , and so accomplisht a profit to the Common-wealth shall bee raked and smothered in the dust of obliuion , I will giue a little touch at the description of it , although I amongst Writers , am like he that worst may , holds the candle . The Mine hath two wayes into it , the one by sea and the other by land ; but a man may go into it by land , and returne the same way if he please , and so he may enter into it by sea , and by Sea hee may come foorth of it : but I for varieties sake went in by Sea , and out by Land. Now men may obiect , how can a man goe into a Mine , the entrance of it being in the Sea , but that the Sea wil follow him and so drown the Mine . To which obiection thus I answer , That at a low water , the Sea being ebd away , and a great part of the sand bare ; vpon this same sand ( beeing mixed with rockes and cragges ) did the Master of this great worke build a round circular frame of stone , very thicke , strong , and ioyned together with glutinous or bitunous matter , so high withall ▪ that the Sea at the highest flood , or the greatest rage of storme or tempest , can neither dissolue the stones so well compacted in the building , or yet ouerflowe the height of it . Within this round frame , ( at all aduentures ) hee did set workemen to digge vvith Mattockes , Pickaxes , and other instruments fit for such purposes . They did digge more then fourtie foot downeright , into and through a Rocke . At last they found that which they expected , which was Sea-cole , they following the veine of the Mine , did digge forward still : So that in the space of eight and twentie , or nine and twenty yeares they haue digged more then an English mile under the Sea , that when men are at worke belowe , an hundred of the greatest Shippes in Britaine may saile ouer their ●●●ads . Besides , the Mine is most artificially cut like an Arch or a Vault all that great length , vvith many nookes and by-wayes in it : and it is so made , that a man may walke vpright in the most places , both in and out . Many poore people are there set on worke , which otherwise through the want of imployment would perish . But when I had seene the Mine , and was come foorth of it againe ; after my thankes giuen to Sir George Bruce , I tolde him , that if the plotters of the Powder Treason in England had seene this Mine , that they ( perhaps ) would haue attempted to haue left the Parliament House , and haue vndermined the Thames , and so to haue blowne vp the Barges and Wherries , wherein the King , and all the Estates of our Kingdome were . Moreouer , I said that I could affoord to turne Tapster at London : so that I had but one quarter of a mile of his Mine to make mee a Celler , to keepe Beere and Bottle-ale in . But leauing these Iestes in Prose , I will relate a few Verses that I made merrily of this Mine . I That haue wasted Months , Weekes , Dayes and Howers In viewing Kingdomes , Countreys , Townes and Towers , Without all measure , measuring many paces , And with my pen describing sundrie places , With few additions of my owne deuizing , ( Because I haue a smacke of Coriatizing . ) Our Mandeuill , Primaleon , Don Quixot , Great Amadis , or Huon traueld not As I haue done , or beene where I haue beene , Or heard and seene , what I haue heard and seene ; Nor Britaines Odcomb ( Zanye braue Vlissis ) In all his ambling saw the like as this is . I was in ( would I could describe it well ) A darke , light , pleasant , profitable hell , And as by water I was wafted in , I thought that I in Charons Boate had bin : But being at the entrance landed thus , Three men there ( in the stead of Cerberus ) Conuaid me in , in each ones hand a light To guide vs in that vault of endlesse night . There young and old with glim'ring candles burning , Digge , delue , and labour , turning and returning , Some in a hole with baskets and with baggs , Resembling furies , and infernall haggs : There one like Tantall feeding , and there one , Lake Sisiphus he rowles the restlesse stone . Yet all I saw was pleasure mixt with profit , Which prou'd it to be no tormenting Tophet ; For in this honest , worthy , harmelesse hell , There ne're did any damned Diuell dwell : And th' owner of it gaines by 't more true glory , Then Rome doth by fantastick Purgatory . A long mile thus I past , downe , downe , steepe steepe , In deepenesse farre more deepe , then Neptunes deepe , Whilst o're my head ( in fourefould stories hye ) Was Earth , and Sea , and Ayre , and Sun , and Skie : That had I dyed in that Cimerian roome . Foure Elements had couered ore my tombe : Thus farther then the bottome did I goe , ( And many Englishmen haue not done so ; ) Where mounting Porposes , and mountaine Whales , And Regiments of fish with finnes and Scales , Twixt me and Heauen did freely glide and slide , And where great Ships may at an Anchor ride : Thus in by sea and out by land I past , And tooke my leaue of good Sir George at last . The Sea at certaine places doth leake , or soake into the Mine , which by the industry of Sir George Bruce , is all conueyd to one well neere the land ; where hee hath a deuise like a horsemill that with three horses and a great chaine of Iron , going downeward many fadomes , with thirty sixe buckets fastened to the chaine , of the which eighteene goes downe still to be filled , and eighteene ascends vp to be emptied , which doe empty themselues ( without any mans labour ) into a trough that conueyes the water into the Sea againe ; by which meanes he saues his Myne which otherwise would be destroyed with the Sea , beside he doth make euery weeke ninety or an hundred Tuns of salt , which doth serue part of Scotland , some hee sends into England , and very much into Germany : all which shewes the painefull industry with Gods blessings to such worthy endeauours : I must with many thankes remember his courtesie to mee , and lastly , how he sent his man to guide me ten miles on the way to Sterling , where by the way I saw the outside of a faire and stately house called Allaway , belonging to the Earle of Marr , which by reason that his Honor was not there , I past by and went to Sterling , where I was entertained and lodged at one Mr. Iohn Archibalds , where all my want was that I wanted roome to containe halfe the good cheere that I might haue had there ; hee had me into the Castle , which in few words I doe compare to Windsor for scituation , much more then Windsor in strength , and somewhat lesse in greatnes ; yet I dare affirme , that his Majesty hath not such another hall to any house that he hath neither in England nor Scotland , except Westminster Hall which is now no dwelling Hall for a Prince being long since metamorphosed into a house for the Law and the profits . This goodly Hall was built by King Iames the fourth , that married King Henry the eights sister and after was slaine at Flodden field ; but it surpasses all the halls for dwelling houses that euer I saw , for length , breadth , height and strength of building , the Castle is built vpon a rocke very lofty , and much beyond Edenborough Castle in state and magnificence , and not much inferiour to it in strength , the roomes of it are lofty , with carued workes on the seelings , the doores of each roome beeing so high that a man may ride vpright on horsebacke into any chamber or lodging . There is also a goodly faire Chappell , with Cellers , Stables , and all other necessary Offices , all very stately and besitting the Maiestie of a King. From Sterling I rode to Saint Iohnston , a fine Towne it is , but it is much decayed , by reason of the want of his Maiesties yearely comming to lodge there . There I lodged one night at an Inne , the Goodman of the house his name being Patrick Pettcarne , where my entertainement was with good cheere , good drinke , good lodging , all too good to a bad weary guest . Mine Host tolde mee that the Earle of Marr and Sir William Murray of Abercarny were gone to the great hunting to the Brea of Marre ; but if I made hast I might perhaps finde them at a Towne called Breekin , or Breechin , two and thirty miles from Saint Iohns Stone , wherevpon I tooke a guide to Breekin the next day , but before I came , my Lord was gone from thence foure dayes . Then I tooke another guide , which brought mee such strange wayes ouer mountaines and rockes , that I thinke my horse neuer went the like ; and I am sure I neuer saw any wayes that might fellow them . I did goe through a Country called Glaneske , where passing by the side of a hill , so steepe as is the ridge of a house , where the way was rocky , and not aboue a yard broad in some places , so fearefull and horrid it was to looke downe into the bottome , for if either horse or man had slipt , he had fallen ( without recouery ) a good mile downe-right ; but I thanke God , at night I came to a lodging in the Lard of Eggells Land , where I lay at an Irish house , the folkes not being able to speake scarce any English , but I sup'd and went to bed , where I had not laine long but I was enforced to rise , I was so stung with Irish Musketaes , a Creature that hath sixe legs , & liues like a monster altogether vpon mans flesh , they doe inhabite and breed in most sluttish houses , and this house was none of the cleanliest , the beast is much like a louse in England , both in shape and nature ; in a word they were to me the A. and the Z. the Prologue and the Epilogue , the first and the last that I had in all my trauells from Edenborough ; and had not this highland Irish house helped mee at a pinch , I should haue sworne that all Scotland had not beene so kind as to haue bestowed a Louse vpon me : but with a shift that I had , I shifted off my Caniballs , and was neuer more troubled with them . The next day I trauelled ouer an exceeding high mountaine , called mount Skeene , where I found the valley very warme before I went vp it ; but when I came to the top of it , my teeth beganne to daunce in my head with colde , like Virginall iackes ; and withall , a most familiar mist embraced mee round , that I could not see thrice my length any way : withall , it yeelded so friendly a deaw , that it did moysten through all my clothes : Where the olde Prouerbe of a Scottish Miste was verified , in wetting mee to the skinne . Vp and downe , I thinke this hill is sixe miles , the way so vneuen , stonie , and full of bogges , quagmires , and long heath , that a dogge with three legs will outrunne a horse with foure : for doe what we could , wee were foure houres before we could passe it . Thus with extreame trauell , ascending and descending , mounting & alighting , I came at night to the place where I would bee , in the Brea of Marr , which is a large Countie , all composed of such mountaines , that Shooters Hill , Gads Hill , Highgate Hill , Hampsted hill , Birdlip hill , or Maluerne hilles , are but Mole ▪ hilles in comparison , or like a Liuer , or a Gizard vnder a Capons wing , in respect of the altitude of their toppes , or perpendicularitie of their bottomes . There I saw Mount Benawne , with a furr'd mist vpon his snowie head in stead of a nightcap : ( for you must vnderstand , that the oldest man aliue neuer saw but the snow was on the top of diuers of those hilles , both in Summer , as well as in Winter . ) There did I finde the truely Noble and Right Honourable Lords , Iohn Erskin Earle of Marr , Iames Stuart Earle of Murray , George Gordon Earle of Engye , sonne and heire to the Marquesse of Huntley , Iames Erskin , Earle of Bughan , and Iohn Lord Erskin , sonne and heire to the Earle of Marre , and their Countesses , with my much honoured , and my best assured and approoued friend , Sir William Murray Knight , of Abercarnye , and hundred of others Knights , Esquires , and their followers ; all and euery man in generall in one habit , as if Licurgus had beene there and made Lawes of Equalitie : For once in the yeare , which is the whole moneth of August , and sometimes part of September ; many of the Nobilitie and Gentry of the Kingdome ( for their pleasure ) doe come into these high-land Countreyes to hunt , where they doe all conforme themselues to the habite of the high-land men , who for the most part speake nothing but Irish ; and in former time were those people which were called the Redshankes : Their habite is shooes with but one sole apiece ; stockings ( which they call short hose ) made of a warme stuffe of diuers colours , which they call Tartane : as for breeches , many of them , nor their forefathers neuer wore any , but a ierkin of the same stuffe that their hose is of , their garters beeing bands or wreathes of hay or straw , with a plead about their shoulders , which is a mantle of diuers colours , much finer and lighter stuffe then their hose , with blew flat caps on their heads , a handkerchiefe knit with two knots about their neckes : and thus are they attyred . Now their weapons are long bowes , and forked arrowes , Swords and Targets , Harquebusses , Muskets , Durks and Loquhabor Axes . With these Armes I found many of them armed for the hunting . As for their Attire , any man of what degree soeuer that comes amongst them , must not disdaine to weare it : for if they doe , then they will disdaine to hunt , or willingly to bring in their dogges : but if men bee kinde vnto them , and bee in their habit ; then are they conquered with kindnesse , and the sport will be plentifull . This was the reason that I found so many Noblemen and Gentlemen in those shapes . But to proceed to the Hunting . My good Lord of Marr hauing put me into that shape , I rode with him from his house , where I saw the ruines of an olde Castle , called the Castle of Kindroghit . It was built by King Malcolm Canmore ( for a hunting horse ) who raigned in Scotland when Edward the Confessor , Harold , and Norman William raigned in England : I speake of it , because it was the last house that I saw in those parts ; for I was the space of twelue dayes after , before I saw either house , corne fielde , or habitation for any creature , but Deere , wilde Horses , Wolues , and such like Creatures , which made mee doubt that I should neuer haue seene a house againe . Thus the first day wee traueld 8. miles , where there were small cottages built on purpose to lodge in , which they call Lonquhards , I thanke my good Lord Erskin , he commanded that I should alwayes bee lodged in his lodging , the Kitchin being alwayes on the side of a banke , many Kettles and Pots boyling , and many spits turning and winding , with great variety of cheere : as Venison bak't , sodden , rost , and stu'de Beefe , Mutton , Goates , Kid , Hares , fresh Salmon , Pidgeons , Hens , Capons , Chickins , Partridge , Moorecoots , Heathcocks , Caperkellies and Termagants ; good Ale , Sacke , White and Claret , Tent ( or Allegant ) with most potent Aqua vitae . All these and more then these wee had continually , in superfluous aboundance , caught by Faulconers , Foulers , and Fishers , and brought by my Lords tenants and purueyers to victuall our Campe , which consisted of fourteene or fifteene hundred men and horses ; the manner of the hunting is this . Fiue or sixe hundred men doe rise early in the morning , and they doe disperse themselues diuers wayes , and 7.8 . or 10. miles compasse they doe bring or chase in the Deere in many heards , ( two , three , or foure hundred in a heard ) to such or such a place as the Noblemen shall appoint them ; then when day is come , the Lords and Gentlemen of their Companies , doe ride or goe to the said places , sometimes wading vp to the middles through bournes and riuers : and then they being come to the place , doe lye downe on the ground , till those foresaid Scouts which are called the Tinckhell do bring downe the Deere : But as the Prouerbe sayes of a bad Cooke , so these Tinkhell men doe lick their owne fingers ; for besides their bowes and arrowes which they carry with them , wee can heare now and then a harguebuse or a musquet goe off , which they doe seldome discharge in vaine : Then after wee had stayed three houres or thereabouts , wee might perceiue the Deere appeare on the hills round about vs , ( their heads making a shew like a wood ) which being followed close by the Tinkhell , are chased downe into the valley where wee lay ; then all the valley on each side being way-laid with a hundred couple of strong Irish Grey-hounds , they are let loose as occasion serues vpon the heard of Deere , that with Dogges , Gunnes , Arrowes , Durks and Daggers , in the space of two houres fourescore fat Deere were slaine , which after are disposed of some one way and some another , twenty or thirty miles , and more then enough left for vs to make merry withall at our Rendeuouze . I liked the sport so well , that I made these two Sonnets following . WHy should I wast Inuention to endite , Ouidian fictions , or Olympian games ? My misty Muse enlightened with more light , To a more noble pitch her ayme She frames . I must relate to my great Maister IAMES , The Calydonian anuall peacefull warre ; How noble mindes doe eternize their fames By martiall meeting in the Brea of Marr : How thousand gallant Spirits come neere and farre , With Swords and Targets , Arrowes , Bowes and Gunnes , That all the Troope to men of iudgement , are The God of Warres great neuer conquered Sonnes . The Sport is Manly , yet none bleed but Beasts , And last , the Victors on the Vanquisht feasts . IF Sport like this can on the Mountaines bee , Where Phoebus flames can neuer melt the Snow : Then let who lift delight in Vales below , Skie-kissing Mountaine pleasures are for me : What brauer obiect can mans eyesight see , Then Noble , Worshipfull , and worthy wights , As if they were prepard for sundry fights , Yet all in sweet society agree : Through Heather , Mosse , 'mongst frogs , and bogs , and fogs , Mongst craggy cliffes , and thunder battered hills , Hares , Hindes , Buckes , Rees are chas'd by Man and Dogs , Where two howres Hunting fourescore fat Deere killes . Low lands , your Sports are low as is your Seate , The High-land Games and Minds , are high and great . Beeing come to our lodgings , there was such Baking , Boyling , Rosting , and Stewing , as if Cooke Ruffian had beene there to haue scalded the Deuill in his feathers : and after supper a fire of firre wood as high as an indifferent May-pole : for I assure you , that the Earle of Marre will giue any man that is his friend , for thankes , as many Firre trees ( that are as good as any shippes mastes in England ) as are worth ( if they were in any place neere the Thames , or any other portable Riuer ) the best Earledome in England or Scotland either : For I dare affirme hee hath as many growing there , as would serue for mastes ( from this time to the end of the world ) for all the Shippes , Carackes , Hoyes , Galleyes , Boates , Drumlers , Barkes , and Water-craftes , that are now , or can bee in the world these fourtie yeares . This sounds like a lie to an vnbeleeuer ; but I and many thousands doe knowe that I speake within the compasse of truth : for indeede ( the more is the pitie ) they doe growe so farre from any passage of water , and withall in such rockie Mountaines , that no way to conuey them is possible to bee passable either with Boate , Horse , or Cart. Thus hauing spent certaine dayes in Hunting in the Brea of Marr , wee went to the next Countie called Bagenoch , belonging to the Earle of Engye , where hauing such sport and entertainement as wee formerly had ; after foure or fiue dayes pastime , wee tooke leaue of hunting for that yeare ; and tooke our iourney toward a strong house of the Earles , called Ruthen in Bagenoch , where my Lord of Engye and his noble Countesse ( being daughter to the Earle of Argile ) did giue vs most noble welcome three dayes . From thence wee went to a place called Ballo Castle , a faire and stately house ; a worthy Gentleman beeing the owner of it , called the Lard of Graunt ; his wife beeing a Gentlewoman honourably descended , being sister to the right Honourable Earle of Atholl , and to Sir Patricke Murray Knight ; shee beeing both inwardly and outwardly plentifully adorned with the guifts of Grace and Nature : so that our cheere was more then sufficient ; and yet much lesse then they could affoord vs. There staied there foure dayes , foure Earles , one Lord , diuers Knights and Gentlemen , and their seruants , footemen and horses ; and euery meale foure long Tables furnished with all varieties : Our first and second course beeing threescore Dishes at one boord ; and after that alwayes a Banquet : and there if I had not forsworne wine till I came to Edinbrough , I thinke I had there dranke my last . The fifth day with much adoe wee gate from thence to Tarnaway , a goodly house of the Earle of Murrayes , ●●here that right Honourable Lord and his Ladie did welcome vs foure dayes more . There was good cheere in all varietie , with somewhat more then plentie for aduantage : for indeed the Countie of Murray is the most pleasantess , and plentifullest Countrey in all Scotland ; being plaine land , that a Coach may bee driuen more then foure and thirtie myles one way in it , all alongst by the Sea-coast . From thence I went to Elgen in Murray , an auncient Citie , where there stood a faire and beautifull Church with three steeples , the walles of it and the steeples all yet standing ; but the Roofe , Windowes , and many Marble Monuments and Toombes of honourable and worthie personages all broken and defaced : this was done in the time when ruine bare rule , and Knox knock'd downe Churches . From Elgen we went to the B. of Murray his house which is called Spinye , or Spinaye . A reuerend Gentleman hee is , of the noble name of Dowglasse , where wee were very well welcomed , as befitted the honour of himselfe and his guests . From thence wee departed to the Lord Marquesse of Huntleyes , to a sumptuous house of his , named the Bogg of Geethe , where our entertainement was like himselfe , free , bountifull and honourable . There ( after two dayes stay ) with much entreatie and earnest suite , I gate leaue of the Lords to depart towards Edinbrough : the Noble Marquesse , the Earles of Marr , Murray , Engie , Bughan , and the Lord Erskin ; all these , I thanke them , gaue me gold to defray my charges in my iourney . So after fiue and thirtie dayes hunting and trauell , I returning , past by another stately mansion of the Lord Marquesses , called Stroboggy , and so ouer Carny mount to Breekin , where a wench that was borne deafe and dumbe came into my chamber at mid-night ( I beeing asleepe ) and shee opening the bed , would faine haue lodged with mee : But had I beene a Sardanapalus , or a Heliogobalus , I thinke that either the great trauell ouer the Mountaines had tamed me ; or if not , her beautie could neuer haue mooued me . The best parts of her were , that her breath was as sweet as sugar-carrion , being very well shouldered beneath the waste ; and as my Hostesse tolde mee the next morning , that shee had changed her Maiden-head for the price of a Bastard not long before . But howsoeuer , shee made such a hideous noyse , that I started out of my sleepe , and thought that the Deuill had beene there : but I no sooner knewe who it was , but I arose , and thrust my dumbe beast out of my chamber ; and for want of a locke or a latch , I staked vp my doore with a great chaire . Thus hauing escaped one of the seuen deadly sinnes at Breekin , I departed from thence to a Towne called Forfard ; and from thence to Dundee , and so to Kinghorne , Burnt Iland , and so to Edinbrough , where I stayed eight dayes , to recouer my selfe of falles and bruises which I receiued in my trauell in the high-land mountainous Hunting . Great welcome I had shewed mee all my stay at Edinbrough , by many worthy Gentlemen , namely , olde Master George Todrigg , Master Henry Leuingston , Master Iames Henderson , Master Iohn Maxwell , and a number of others , who suffered me to want no wine or good cheere , as may be imagined . Now the day before I came from Edinbrough , I went to Leeth , where I found my long approoued and assured good friend Master Beniamin Iohnson , at one Master Iohn Stuarts house : I thanke him for his great kindnesse towards mee : for at my taking leaue of him , hee gaue mee a piece of golde of two and twentie shillings to drinke his health in England . And withall , willed mee to remember his kinde commendations to all his friendes : So with a friendly farewell , I left him , as well , as I hope neuer to see him in a worse estate : for hee is amongst Noble-men and Gentlemen that knowes his true worth , and their owne honours , where with much respectiue loue hee is worthily entertained . So leauing Leeth , I return'd to Edinbrough , and within the port or gate , called the Netherbowe , I discharged my pockets of all the money I had : and as I came pennilesse within the walles of that Citie at my first comming thither ; so now at my departing from thence , I came monesse out of it againe ; hauing in my company to conuey mee out , certaine Gentlemen , amongst the which was Master Iames Acherson , Laird of Gasford , a Gentleman that brought mee to his house , where with great entertainement hee and his good wife did welcome me . On the morrowe he sent one of his men to bring mee to a place , called Adam , to Master Iohn Acmootye his house , one of the Groomes of his Maiesties Bed-chamber ; where with him , and his two brethren , Master Alexander , and Master Iames Acmootye , I found both Cheere and Welcome not inferiour to any that I had had in any former place . Amongst our viands that wee had there , I must not forget the Sole and Goose , a most delicate Fowle , which breedes in great aboundance in a little Rocke called the Basse , which stands two miles into the Sea. It is very good flesh , but it is eaten in the forme as wee eate Oysters , standing at a side-boord , a little before dinner , vnsanctified without grace ; and after it is eaten , it must be well liquored with two or three good rowses of Sherrie or Canarie sacke . The Lord or Owner of the Basse doth profite at the least two hundred pound yearely by those Geese ; the Basse it selfe being of a great height , and neere three quarters of a mile in campasse , all fully replenished with Wildfowle , hauing but one small entrance into it , with a house , a garden , and a Chappell in it ; and on the toppe of it a Well of pure fresh water . From Adam Mr. Iohn and Mr. Iames Acmootye went to the Towne of Dunbarr with mee , where tenne Scottish pintes of wine were consumed and brought to nothing for a farewell : there at Master Iames Baylies house I tooke leaue , and Master Iames Acmootye comming for England , said , that if I would ride with him , that neither I nor my horse should want betwixt that place and London . Now I hauing no money or meanes for trauell , beganne at once to examine my manners , and my want : at last my want perswaded my manners to accept of this worthy Gentlemans vndeserued courtesie . So that night hee brought mee to a place called Cober spath , where wee lodged at an Inne , the like of which I dare say , is not in any of his Maiesties Dominions . And for to shewe my thankfulnesse to Master William Arnet and his wife , the owners thereof , I must a little explaine their bonntifull entertainement of guests , which is this : Suppose tenne , fifteene , or twentie men and horses come to lodge at their house , the men shall haue flesh , tame and wild-fowle , fish , with all varietie of good cheere , good lodging , and welcome ; and the horses shall want neither hay or prouender : and in the morning at their departure the reckoning is iust nothing . This is this worthy Gentlemans vse , his chiefe delight beeing onely to giue strangers entertainement gratis : And I am sure , that in Scotland beyond Edinbrough ▪ I haue beene at houses like Castles for building ; the Master of the house his Beauer being his blew Bonnet , one that will weare no other shirts , but of the Flaxe that growes in his owne ground ; and of his wiues , daughters , or seruants spinning ; that hath his Stockings , Hose , and Ierkin of the Wooll of his owne sheepes backes ; that neuer ( by his pride of Apparell ) caused Mercer , Draper , Silke-man , Embroyderer , or Haberdasher to breake and turne bankerupt : and yet this plaine home-spunne fellow keepes and maintaines thirtie , fourtie , fiftie seruants , or perhaps more , euery day releeuing three or fourescore poore people at his gate ; and besides all this , can giue Noble entertainement for foure or fiue dayes together to fiue or sixe Earles and Lords , besides Knights , Gentlemen & their followers , if they be three or foure hundred men and horse of them , where they shall not onely feed but feast , and not feast but banquet , this is a man that desires to know nothing so much as his duty to God and his King whose greatest cares are to practise the works of Piety , Charity , and Hospitality : hee neuer studies the consuming Art of fashionlesse fashions , hee neuer tries his strength to beare foure or fiue hundred Acres on his backe at once , his legges are alwayes at liberty , not being fettered with golden garters , and manacled with artificiall Roses , whose weight ( sometime ) is the last Relliques of some decayed Lordship : Many of these worthy house-keepers there are in Scotland , amongst some of them I was entertained ; from whence I did truely gather these aforesaid obseruations . So leauing Coberspath we rode to Barwicke , where the worthy old Soldier and ancient Knight , Sir William Bowyer , made me welcome ; but contrary to his will , we lodged at an Inne , where Mr. Iames Acmooty paid all charges : but at Barwicke there was a grieuous chance hapned , which I think not fit the relation to be omitted . In the Riuer of Tweed , which runnes by Barwicke are taken by Fishermen that dwell there , infinite numbers of fresh Salmons , so that many housholds and families are relieued by the profit of that Fishing ; but ( how long since I know not ) there was an order that no man or boy whatsoeuer should Fish vpon a Sunday : This order continued long amongst them , till some eight or nine weekes before Michaelmas last , on a Sunday , the Salmons plaid in such great aboundance in the Riuer , that some of the Fishermen ( contrary to Gods law and their owne order ) tooke boates and nettes and Fished , and caught neere three hundred Salmons ; but from that time vntill Michaelmas day that I was there which was nine weekes , and heard the report of it , and saw the poore peoples miserable lamentations , they had not seene one Salmon in the Riuer ; and some of them were in despaire that they should neuer see any more there ; affirming it to be God , Iudgement vpon them for the prophanation of the Saboth . The thirtieth of September wee rode from Barwicke to Belford , from Belford to Anwick the next day from Anwick to Newcastle , where I found the noble Knight , Sir Henry Witherington ; who , because I would haue no gold nor siluer , gaue mee a bay Mare , in requitall of a loafe of bread that I had giuen him two and twenty yeares before , at the lland of Flores , of the which I haue spoken before . I ouertooke at Newcastle a great many of my worthy friends , which were all comming for London , namely , Maister Robert Hay , and Maister Dauid Drummond , where I was well welcom'd at Maister Nicholas Tempests house . From Newcastle I rode with those Gentlemen to Durham , to Darington , to Northallerton , and to Topeliffe in Yorkshire , where I tooke my leaue of them , and would needs try my pennilesse fortunes by my selfe , and see the Citty of Yorke , where I was lodged at my Right Worshipfull good friends , Maister Doctor Hudson one of his Maiesties Chaplaines , who went with me , and shewed me the goodly Minster Church there , and the most admirable , rare-wrought , vnfellowed Chapter house . From Yorke I rode to Doncaster , where my horses were well fed at the Beare , but my selfe found out the honourable Knight , Sir Robert Anstruther at his father in lawes , the truely noble Sir Robert Swifts house , hee being then high Sheriffe of Yorkeshire , where with their good Ladies , and the right Honourable the Lord Sanquhar , I was stayed two nights and one day , Sir Robert Anstruther ( I thanke him ) not onely paying for my two horses meat , but at my departure , hee gaue mee a Letter to Newarke vpon Trent , twenty eight miles in my way , where Mr. George Atkinson mine host made me as welcome as if I had beene a French Lord , and what was to bee paid , as I cal'd for nothing , I paid as much ; and left the reckoning with many thankes to Sir Robert Anstruther . So leauing Newarke , with another Gentleman that ouertooke mee , wee came at night to Stamford , to the signe of the Virginitie ( or the Maydenhead ) where I deliuered a Letter from the Lord Sanquhar ; which caused Master Bates and his wife , being the Master and Mistresse of the house , to make mee and the Gentleman that was with mee great cheare for nothing . From Stamford the next day wee rode to Huntington , where wee lodged at the Post-masters house , at the signe of the Crowne ; his name is Riggs . Hee was informed who I was , and wherefore I vndertooke this my pennilesse Progresse : wherefore hee came vp into our chamber , and sup'd with vs , and very bountifully called for three quarts of Wine and Sugar , and foure lugges of Beere . Hee did drinke and beginne Healths like a Horse-leech , and swallowed downe his cuppes without feeling , as if he had had the dropsie , or nine pound of Spunge in his maw . In a word , as hee is a Poste , hee dranke poste , striuing and calling by all meanes to make the Reckoning great , or to make vs men of great reckoning . But in his payment hee was tyred like a Iade , leauing the Gentleman that was with mee to discharge the terrible Shott , or else one of my horses must haue laine in pawne for his superfluous calling , and vnmannerly intrusion . But leauing him , I left Huntington , and rode on the Sunday to Packeridge , where Master Holland at the Faulkon , ( mine olde acquaintance ) and my louing and auncient Hoste gaue mee , my friend , my man , and our horses excellent good cheere , and welcome , and I paid him with , Not a penie of money . The next day I came to London , and obscurely comming within Moore-gate , I went to a house and borrowed money : And so I stole backe againe to Islington , to the signe of the Mayden-head , staying till Wednesday that my friendes came to meete mee , who knewe no other , but that Wednesday was my first comming : where with all loue I was entertained with much good cheere : and after Supper wee had a play of the life and death of Guy of Warwicke , plaied by the Right Honourable the Earle of Darbie his men . And so on the Thursday morning beeing the fifteenth of October , I came home to my house in London . THE EPILOGVE TO all my Aduenturers and others . THus did I neither spend , or begge , or aske , By any course , direct , or indirectly : But in each tittle I perform'd my taske , According to my bill most circumspectly . I vow to God I haue done SCOTLAND wrong , ( And ( iustly ) gainst me it may bring an Action ) I haue not giuen 't that right which doth belong , For which I am halfe guilty of detraction : Yet had I wrote all things that there I saw , Misiudging censures would suppose I flatter , And so my name I should in question draw , Where Asses bray , and pratling Pies doe chatter : Yet ( arm'd with truth ) I publish with my Pen , That there th' Almighty doth his blessings heape , In such aboundant food for Beasts and Men ; That I ne're saw more plenty or more cheape : Thus what mine eyes did see , I doe beleeue ; And what I doe beleeue I know is true : And what is true vnto your hands I giue , That what I giue may be beleeu'd of you . But as for him that sayes I lye or dote , I doe returne , and turne the Lye in 's throate . Thus Gentlemen , amongst you take my ware , You share my thankes , and I your moneyes share . Yours in all obseruance and gratefulnesse , euer to be commanded . IOHN TAYLOR . FINIS . Notes, typically marginal, from the original text Notes for div A13485-e560 My thankes to Sir Iohn & S. George Dalstone , with Sir Hen : Gurwin Ouer Eskl waded . The afore named Knightes had giuen money to my Guile of which hee left some part at euery Ale-hoose . 
A14671	----	A catalogue of the nobility of England, Scotland, and Ireland With an addition of the baronets of England, the dates of their patents, the seuerall creations of the knights of the Bath, from the coronation of King Iames, to this present. Collected by T.W. Most exact catalogue of the nobilitie of England, Scotland, and Ireland Walkley, Thomas, d. 1658? 1630 Approx. 84 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A14671 STC 24974 ESTC S101308 99837124 99837124 1434 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A14671) Transcribed from: (Early English Books Online ; image set 1434) Images scanned from microfilm: (Early English Books, 1475-1640 ; 979:08) A catalogue of the nobility of England, Scotland, and Ireland With an addition of the baronets of England, the dates of their patents, the seuerall creations of the knights of the Bath, from the coronation of King Iames, to this present. Collected by T.W. Most exact catalogue of the nobilitie of England, Scotland, and Ireland Walkley, Thomas, d. 1658? [2], 14, [28] p. Printed [by Eliz. Allde] for T. Walkley, London : 1630. T.W. = Thomas Walkley. Printer's name from STC. Printer's device (McKerrow 310) on title page. Another edition of STC 24973.5, published in 1628 with title: A most exact catalogue of the nobilitie of England, Scotland, and Ireland. 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Ireland -- Nobility -- Registers -- Early works to 1800. Great Britain -- Nobility -- Early works to 1800. 2002-03 TCP Assigned for keying and markup 2002-03 SPi Global Keyed and coded from ProQuest page images 2002-04 TCP Staff (Oxford) Sampled and proofread 2002-04 Emma (Leeson) Huber Text and markup reviewed and edited 2002-05 pfs Batch review (QC) and XML conversion A CATALOGVE OF THE NOBILITY of England , Scotland , and Ireland . VVith an addition of the Baronets of England , the dates of their Patents , the seuerall creations of the Knights of the Bath , from the Coronation of King Iames , to this present . Collected by T. W. LONDON , Printed for Thomas Walkley , and are to be sold at his shop at the signe of the Eagle and Child at Brittaines Bursse . 1630. A Catalogue of the Nobiliti● of England . Duk●s . GEorge Villers Duke , Marque●se , and Earle of Buckingham , and Couentry , Viscount Villers , Baro● of Whadden , I●fra atatem . Marquesses . Iohn Pawlet Marquesse of Winchester , Earle of Wiltshire , and Lord St. Iohn of Basing . Earles . Thomas Howard Earle of Arundell and Surrey , Earle Marshall of England , and Knight of the Garter . Robert Vere Earle of Oxford , Viscount Bulbec , Lord Samford , and Vadilsmere . Henry Percy Earle of Northumberland , Lord Poy●ings , Fitz-payne , and Brian , Knight of the Garter . George Talbot Earle of Shrewesbury , Lord Talbot● Furniuall , Verdon , and Strange of Blakemere . Henry Gray Earle of Kent , Lord Ruthin . William Stanley Earle of Derby , Lord Stanley , Strange of Knoking , and of the I le of Man , Knight of the Garter . Henry Somerset Earle of Worcester , Lord Herbert of Chepstow , Ragland , and Gower . Francis Mannors Earle of Rutland , Lord Ros of Hamelake , Beluoir , and Trusbut , Knight of the Garter . Francis Clifford Earle of Cumberland , Lord Clifford● Westmerland , and Vesey . Edward Radcliffe Earle of Sussex , Viscount Fitz-wal●er , Lord Egremont , and Burnell . Henry Hastings Earle of Huntington , Lord Hastings Hungerford , Botreaux , Moeles , and Molyns , Edward Bourchier Earle of Bath , and Lord Fitz-warin . Thomas Wriothesley , Earle of Southampton , and Baron Wrioth●sley of Titchfield . Francis Russell Earle of Bedford , and Lord Russell . Philip Herbert Earle of Pembroke and Montgomery● Baron ●erbert of Cardiffe and Shirland , Lord Parre and Roos , of Kenda● , Marmion , and St. Quintin , Lord Cham●erlaine of his Maiesties Houshold , and Knight of the Gar●er . William Seymour Earle of Hartford , and Baron Beauchamp . Rob●rt Deuereux Earle of Essex , Viscount Hereford , and Bourchier , Lord Ferrers of Chartly , Bourchier , and Louayne . Theophilus Fynes Earle of Lincolne , and Lord Clinton . Charles Howard Earle of Nottingham , and Lord Howard of E●●ingham . Earles made by King IAMES . Theophilus Howard Earle of Suffolke , Lord Howard of Walden , and Knight of the Garter . Edward Sackuile Earle of Dorset , and Baron Buckhurst , Knight of the Garter , and Lord Chamberlaine to the Queenes Maiestie . William Cecill Earle of Salisbury , Viscount Cramborne , and Baron Cecill of Essinden , Knight of the Garter . William Cecill Earle of Exceter , Baron Burghley , Knight of the Garter . Robert Carr Earle of Somerset , Viscount Rochester , and Baron of Branspath , Knight of the Garter . Iohn Egerton Earle Bridgewater , Viscount Brackley , and Baron Ellesmere . Robert Sidney Earle of Leicester , Viscount Lifle , and Baron Sidney of Penshurst . Spencer Compton Earle of Northampton , Baron Compton of Compton . Robert Rich Earle of Warwicke , and Lord Rich of Leeze . William Cauendish Earle of Deuonshire , and Baron Cauendish of Hardwicke , Infra aetatem . Iames Hamilton Earle of Cambridge , Marquesse of Hamilton , Earle of Arran , Baron of Euen , and Aberbroth , Master of the Horse to his Maiestie . Iames Stuart Earle of March , Duke of Lenox , Lord Aubigny , Baron of Leighton , Bromeswold , Lord Darnley , Mertiuen , and St. Andrews . Iames Hay Earle of Carlile , Viscount Doncaster , Lord Hay of Sauley , and Knight of the Garter . William Fielding Earle of Denbigh , Viscount Fielding , and Baron of Newenham-padox . Iohn Digby Earle of Bristoll , and Baron Digby of Shirborne . Leonell Cranfield Earle of Middlesex , and Baron Cranfield of Cranfield . Charles Villers Earle of Anglesey , Lord Dauentrey . Henry Rich Earle of Holland , Baron Kensington , of Kensington , Capt. of the Gard , and Knight of the Garter . Iohn Hollis Earle of Clare , Lord Houghton of Houghton . Oliuer St. Iohn Earle of Bullingbroke , Lord St. Iohn of Bletso . Mildmay Fane Earle of Westmerland , Lord le De-Spencer , and Burghwash . Earles made by King CHARIES . William Knowles Earle of Banbery , Viscount Wallingford , and Lord Knowles of Grayes , Knight of the Garter . Henry Montague Earle of Manchester , Viscount Mandeuile , and Lord Kymbolton , Lord Priuy Seale . Thomas Howard Earle of Barkeshire , Viscount Ando●ner , and Lord Charlton , Knight of the Garter . Thomas Wentworth Earle of Cleueland , Lord Wentworth of Nettelsted . Edmond She●●ield , Earle of Mulgraue , Lord She●field of Butterwick , and Knight of the Garter . Henry Danuers Earle of Danby , Lord Danuers of Dantzy . Robert Cary Earle of Monmouth , Lord Cary of Lepington . Henry Ley Earle of Marleburgh , and Lord Ley of Ley. Edward Denny Earle of Norwich , and Lord Den●y of Waltham . Thomas Darcie Earle Riuers , Viscount Colchester , and Lord Darcie of Chich. Robert Bartu Earle of Lindsey , and Lord Willoughby of Eresby , Lord great Chamberlaine , Knight of the Garter . William Cauendish Earle of New-ca●tell , Viscount Mansfield , Lord Boulfouer , and Ogle . Henry Cary Earle of Douer , Viscount Rochford , and Lord Hunsdon . Iohn Mordant Earle of Peterborough , Lord Mordant of Turuey . Henry Gray Earle of Standford , Lord Gray of Groby , Bonuille , and Harington . Elizabeth Finch Countesse of Winchelsey , and Viscountesse Maidstone . Robert Perpoint Earle of Kingston vpon Hull , Viscount Newarke vpon Trent , and Lord Perpoint of Hobnes Perpoint . Robert Dormere Earle of Carna●uan , Viscount Asco● , and Lord Dormere of Wing . Mount-Ioy Blount Earle of Newport , Lord Mount-Ioy of Thurueston . Philip Stanhop Earle of Chesterfield , and Lord Stanhop of Shelford . Nicholas Tufton Earle of the I le of Thanet , and Lord Tufton of Tufton . Richard de Burgh Earle of St. Albons● and Clanrickard , Viscount Tunbridge , and Galloway , Baron of Somerhill , and Imanuey . Viscounts . Anthony Browne Viscount Montague of Cowdrey . Viscounts made by King IAMES . Iohn Villers Viscount Purbecke , Lord of Stoke . William ●ines Viscount Say and Seale , Lord Say , and Seale . Viscounts made by King CHARLES . Edward Cecill Viscount Wimbleton , and Baron Cecill of Putney . Thomas Sauage Viscount Rock Sauage . Edward Conway Viscount Conway , and Killultagh , and Baron Conway of Ragley , Lord President of his Maiesties Priuie Councell . Paul Baynening Viscount Baynening of Sudbury , and Lord Baynening of Hookesley . Edward Noell Viscount Camden , Baron Noell of Ridlington . Dudley Carleton Viscount Dorchester , and Lord Carleton of Imbercourt , Principall Secretarie . Thomas Wentworth Viscount Wentworth , Baron Wentworth of Wentworth , Wood-house , New-march , and Ouer●ley . Bishops . George Abbot , Archbishop of Canterbury . Samuel Harsnet , Archbishop of Yorke . William Laude , Bishop of London . Iohn Howson Bishop of Durham . Richard Neile , Bishop of Winchester . Thomas Doue , Bishop of Peterborough . Francis Godwine , Bishop of Hereford . Iohn Thorneburgh , Bishop of Worcester . Iohn Buckridge , Bishop of Ely. Thomas Morton , Bishop of Couentry and Lichfi●ld . Lewes Baily , Bishop of Bangor . Iohn Bridgeman , Bishop of Chester . Theophilus Field , Bishop of St. Dauids . Iohn Williams , Bishop of Lincolne . Iohn Dauenant , Bishop of Salisbury . Robert Wright , Bishop of Bristoll . Godfrey Goodman , Bishop of Gloucester . F●ancis White , Bishop of Norwich . Io●uah Hall , Bishop of Exeter . William Murray , Bishop of Landaffe . Richard Mountagu , Bishop of Chichester . Walter Curle , Bishop of Bath and Wells . Richard Corbet , Bishop of Oxford . Barnabas Potter , Bishop of Carlile . Iohn Owen , Bishop of St. Ashaph . Iohn Bowle , Bishop of Rochester . Barons . Henry Clifford , Lord Clifford elde●t sonne of Francis Earle of Cumberland . Henry Neuill Lord Abergauenny . Maruin Touchet Lord Awdeley of Highleigh . Algernon Percie , Lord Percie , eldest sonne of Henry Earle of Northumberland . Iames Stanley , Lord Strange , eldest sonne of William Earle of Derby . Charles West Lord Delaware , Infra aetatem . G●orge Barkeley , Lord Barkeley of Barkeley Castle . Henry Parker , Lord Morley and Montegle . Richard Lennard , Lord Dacres of Hurst-monseux . Henry Stafford , Lord Stafford of Stafford , Infra ●tat●● . Edward Sutton , Lord Dudley of Dudley Castle . Edward Stourton , Lord Stourton of Stourton . Iohn Darcie , Lord Darcie , and Mennell . Edward Vaux , Lord Vaux of of Harrowden . Thomas Windsor , Lord Windsor of Bradenham . Thomas Cromwell , Lord Cromwell of Ockha● . William Eure , Lord Eure of Whitton . Philip Wharton , Lord Wharton of Wharton . William Willoughby , Lord Willoughby of Parham● William Paget , Lord Paget of Beaudesert . Dudley North , Lord North of Carthlage . George Bridges , Lord Shandos of Sudley , Infra ●ta●●● . Barons made by King IAM●S . William Peter , Lord Peter of Writtell . Dutton Gerard , Lord Gerard of Gerards Bro●ley . William Spencer , Lord Spencer of Wormleighto● . Charles Stanhop , Lord Stanhop of Harrington . Thomas Arundell , Lord Arundell of Wardour . Christopher Roper , Lord Tenham of Tenham , Infra aetatem . Edward Montagu , Lord Montagu of Kimbolton , eldest sonne of Henry Earle of Manchester . Basell Fielding , Lord Newnham Paddocks , eldest so● of William Earle of Denbigh . Robert Greuill , Lord Brooke of Bea●champ Court. Edward Montagu Lord Montagu of Boughto● . William Gray , Lord Gray of Warke . Francis Leake , Lord Denicourt of S●tton . Richard Roberts , Lord Roberts of Truro . Edward Conway , Lord Conway of Rag●ey , eldest sonne of Edward Visco●nt Conway . Barons made by King CHARLES . Horace V●re , Lord Vere of Ti●bury , Master of the Ordnance . Oliuer St. Iohn , Lord Tregoze of Highworth . William Crauen , Lord Crauen of Hamsteed Marsh●ll . Thomas Bellassise , Lord Falconbridge of Yarom . Richard Louelace , Lord Louelace of Hurley . Iohn Pawlet , Lord Pawlet of Hinton St. George . William H●rny , Lord Herny of Kidbrooke . Thomas Brudenell , Lord Brudenell of Stouton . William Maynard , Lord Maynard of Estaines . Thomas Couentry , Lord Couentry of Alesborough , Lord Keeper of the Great Seale of England . Edward Howard , Lord Howard of Est●ricke . Richard Weston , Lord Weston of ●eyla●d , Lord High Treasur●r of England , Knight of the Garter . ●eorge Gor●ing , Lord Goreing of Hurstperpoint . Iohn Mohun● Lord Mohun of O●●hampton . Iohn Sa●ill● Lord Sauill of Pomfret . Iohn Bu●ler , Lord Butler of Bram●ield . F●ancis L●igh , Lord Dunsemore . William H●rbert , Lord Powys of Powys . Edward Herbert , Lord Herbert of Chierbury . A Catalogue of the Dukes , Marquesses , E●rles , Viscounts , and Barons of Scotland . Dukes . IAmes Stuart Duke of Lennox , Earle of March , Lord Da●ley● Methuen , St. Andrews , and Aubigny , and Ad●irall and Chamberla●ne of Scotland by inheritance . Marqu●sses . Iames Hamiltone Marquesse Hamilton , Earle of Arran , and Cambridge , Lord Auen , Inordaill , and Aberbroth , Master of the Horse to his Maiestie . George Gordoun Marquesse Huntley , Earle of Enzy , and Lord Strathbolgie . Earles . William Douglas Earle of Angus , Lord Douglas , and T●ntallon . Archbald Campbell Earle of Argyle , Lord Lorne , and Kintine . George Lindesey Earle of Crauford , Lord Glenesh , and Fineuin . Francis Hay Earle of Erroll , Lord Hay of Slains , Con●table of Scotland by Inheritance . William Keith Earle Mar●hall , Lord Dunoter , and Marshall of Scotland by Inh●ritance . Iohn Gordon Earle of Sutherland , Lord Strathn●uer , and Dunrobin . Iohn Erskeine Earle of Ma●r , and Carioch , Lord Erskeine● and Breichin , Trea●u●er of Scotland . Iohn Grahame Earle of Menteeth , Lord , &c. Iohn Lesley Earle of Rothes , Lord Lesley , and Ba●breigh . William Douglas Earle of Morton , Lord Dalkeith , and Aberdour . Iames Grahame Earle of Montros , Lord Kincairne , and Mugdock . Alexander Seton Earle of Eglenton , Lord Mountgomery . Iohn Keneday Earle of Cassils , Lord Keneday . George St. Claire Earle Ca●teynes , Lord B●rredaill . Alexander Cunnighame Earle of Glencarne , Lord Kilmauris . Iames Erskeine Earle of Buchan , Lord Aughter●ous . Iames Stuart Earle of Murray , Lord Donne , and St. Columb●inch . Iohn Mu●ray Earle of Athole , Lord , &c. Earles made by King IAMES . Robert Maxwell Earle of Ni●hisdale , Lord Maxwell , and Cartauerock . George Setone Earle of Wintoun , and Lord Setone . Alexander Leuinstone Earle of Linlithgou , Lord Kalendar . Iames Hume Earle of Hume , Lord Dungals . Iohn Drumond Earle of Perth , Lord Drumond , and Hobhall . Charles Setone Earle of Dunfermeline , Lord Fyuie , and Vrquarte . Fl●iming Earle of Vigtoune , Lord Cumber●●rd . Iohn Layon Earle of Kingorne . Iames Hamilton Earle of Abercorne , Lord Dasley , Iames Kere Earle of Louthian , Lord Heubotill . Patrick Murray Earle of Tullibardine , Lord Murray . Robert Kere Earle of Roxbrugh , Lord C●ssfing . Thomas Erskeine Earle of Kelly , Viscount Fentone , Lord Diriltone . Walter Scot Earle of Buckcleuch , Lord , &c. Thomas Hamilton Earle of Hadingtoune , Lord Byning , and Byris , Lord Priuy Seale . Alexander Stuart Earle of Galloway , Lord Garleis . Collen Mac-Enzie Earle of Seafort , Lord Kintaill . Iohn Murray Earle of Anandill , Viscount Anan , Lord Lochmabine . Iohn Maitland Earle of Lauderdale , Viscount Maitland , and Lord Thirilstone , and Lethingtone . Iames Stuart Earle of Carrick , Lord Kincleuine . Viscounts . Henry Carey , Viscount Falkland . Henry Cunstable , Viscount Dunbar . Dauid Murray , Viscount Stormouth , Lord Scone . William Crightone , Viscount Aire , Lord Sanquhair . George Hay , Viscount Dupleine , Lord Hay of Kinfauns , Lord high Chamberlaine of Scotland . Iohn Gordon , Viscount Melgum , Lord Aboyne . William Douglas , Viscount Drumlanrick , &c. Barons . Lindesay , Lord Lindesay . Iohn Forbes , Lord Forbes . Ab●rnete , Lord Saltoun . Andrew Gray , Lord Gray of Fouils . Iames Stuart , Lord Vchiltrie . Ca●hcarte , Lord Cathc●rte . Lord Caruill● Iohn Hay Lord Yester . Iames Semple , Lord S●mple . Henry St. Clair , Lord St. Clair of Rauensheogh . Maxewell , Lord Heries . Alexander Elphingstone , Lord Elphingstone . Lawrence Oliphant , Lord Oliphant . Simon Foaser , Lord Lo●at . Iames Ogiluey , Lord Ogiluey . Borthwick , Lord Borthwick● Robert Rosse , Lord Rosse . Thomas Boyde , Lord Boyde . Sandelius , Lord Torphichen . Alexander Lindesay , Lord Spynnie . Patrick Lesley , Lord Londoers . Cambell , Lord Loudon . Thomas Bruce , Baron Kinlosse . Iohn Elphingstone , Lord Balmerinoch . Iames Colueill , Lord Colueill . Iames Stuart , Lord Blantyre . Robert Balfour , Lord Burleigh . Adam Bothuell , Lord Holyrudehouse . Iohn Drumund , Lord Madertie . Iames Elphingstone , Lord Cooper . Iohn Cranstone , Lord Cranstone . Ogiluey , Lord Deskford . Robert Melueill , Lord Melueill . Dauid Carnagay , Lord Carnagay . Iohn Ramsay , Lord Ramsay . Carr , Lord Iedbrough . Campbell , Lord Kintyir . Naiper , Lord Naiper of Marcheston . Thomas Fairfax , Lord Cameron . Edward Barret , Lord Newbrough . Walter Aston , Lord Forfare . Iohn Weymes , Lord Weymes . Elizabeth Richardson , Baronesse of Craumond , wife to Sir Thomas Richardson , Chiefe Iustice of his Maiesties Court of Common Pl●●s . Iohn Stuart , Lord Traquair . Donald Macky , Lord Rae . Robert Dalzell , Lord Dalzell . A Catalogue of the Earles , Viscounts , & Barons of Ireland● George Fitz-Gerald Earle of Kildare . Walt●r Butler Earle of Ormond . Henry Obri●n Earle of Thomond . Richard Burgh Earle of Clanricard . Mernen To●chet Earle of Castell-hauen . Richard Boyle Earle of Corke . Randall Mac-Donell Earle of Antrim . Richard Nugent Earle of Westmeath . Iames Dillon Earle of Roscomman . Thomas Ridgway Earle of London Derry . William Brabazen Earle of Eastmeath . Dauid Barry Earle of Barrymore , & Viscount ●o●teuant . Gorge Fielding Earle of Desmond & Viscount Callon . Iohn Vaughan Earle of Carbury , and Lord Vaughan of Mol●ingar . William Pope Earle of Downe , and Baron Bealterbert . Luc●s Plunket Earle of ●inga●le , & Lord of Killene . Viscounts . I●●ico P●eston Viscount of Gormanston . D●●id ●●che Viscount of Fermoy . Richard ●●tler● Viscount Mo●ntgarret . Richa●d Wing●ield Viscount Powerscourt . O●●●er St. Iohn Viscount Grandison . Charles Wilmot Viscount Wilmot of Athlone . Henry Poore Viscount of Valentia . Garret Moore Viscount of Drogh●da . Chris●opher Dillon Viscount Dillon of Costellagh-galni● Nicholas Netteruill Viscount Netteruill of Dowthe . Hugh Montgomery Viscount Montgomery of the Ardes . Iames Hamilton Viscount Clanhughboy . Adam Loftus Viscount Loftus of Ely. Thomas Beaumont Viscount Beaumont of Swords . Anth. Mac-Enos alias Magennis , Visc. Magennis of Euagh . Thomas Cromwell Viscount L●cale . Edward Chichester Viscount Chichester of Carigfergus . Dominick Sarsfield Viscount Sarsfield of Roscarbery . Robert Neede●am Viscount Kilmurry . Thomas Somerset Viscount Somerset of Cassell . Edward Conway Viscount of Killultagh . Nicholas Sanderson Vis●ount of Castl●towne . Thomas Roper Viscount of Baltinglas . Theobald Burgh Viscoun● of Maio. Lewes Boyle Viscount Boyle of Kynalmeaky . Roger Iones Viscount of Rannelagh . George Chaworth Viscount Chaworth of Ardmagh . Barnham Swift Visco●●t Carlingford . Thomas Sauile Viscount Sauile of Castle-Bar . Iohn Scudamore , Baron Scudamore of Dromore , and Viscount Scudamore of Sligo . Robert Cholmundeley Visco . Cholmundeley of Kellis . Thomas Smith Viscount Strangford . Richard Lumley Viscount Lumley of Waterford . Richard Wenman Viscount Wenman of Tuan , and Baron Wenman of Kilmanham . Iohn Taffe Viscount Corine , and Baron of Ballimote . William Mounson Viscount Mounson of Castle-mayne , and Baron Mounson of Bellinguard . Charles Mac-Carty Viscount of Muskry . Richard Mulenux Viscount Mulenux of Mariburgh . Thomas Fairfax Viscount Fairfax of Emmely . Thomas Fitz-William Viscount Fitz-William of Meryung , and Baron Fitz-William of Thorne-Castle . Perce Butler Viscount Kerine . Barons . Richard Bermingham , Lord Bermingham of Athenry . Iohn Courcy , Lord Courcy of Kinsale . Thomas Fitz-morrice , Lord of Kerry , and Lixnawr . Thomas Fleming , Lord of Slane . Nicholas St. Lawrence , Lord of Hothe . Patrick Plunket , Lord of Dunsany . Robert Barnwell , Lord of Trimleston . Edmund Butler , Lord of Dunboyne . Teige Mac-Gilpatrik , Lord of vpper O●sery . Oliuer Plunket , Lord of Lough . Iohn Power , Lord Corraghmore . Morrogh Obrien , Lord of Inchequin . Edmund Burgh , Lord Burgh of Castle-connell . Thomas Butler , Lord of Cahir . Mont-Ioy Blunt , Lord Mont-Ioy of Mont-Ioy Fort. Oliuer Lambert , Lord Lambert of Cauan . Theobald Burgh , Lord Burgh of Britas . Andrew Steward , Lord of Castle-Steward . Iames Balfoure , Lord Balfoure of Clan-Awley . Henry Folliet , Lord Folliet of Ballishenam . William Maynard , Lord Maynard of Wicklogh . Edward Gorges , Lord Gorges of Dundalke . Robert Digby , Lord Digby of Geshell . William Heruy , Lord Heruy of Rosse . William Fitz-William , Lord Fitz-William of Liffer . William Caufield , Lord Caufield of Charlemont . Henry Docwray , Lord Docwray of Culmore . Edward Blany , Lord Blany of Monagham . Francis Aungier , Lord Aungier , of Long-ford . Lawrence Esmond , Lord Esmond of Lymerick . Dermond Omallum , Lord Omallum of Glan Omallum . William Br●rton , Lord Brerton of Laghlin . Edward Herbert Lord Herbert of Castle-Iland . George Caluert , Lord Baltimore . Hugh Hare , Lord Colerane of Colerane . William Sherard , Lord Sherard of Letrim . Roger Boyle , Lord Boyle , Baron of Broghill . Brian Mac-Guier , Baron of Iniskillin . Francis Ansley , Lord Mount-Norris . The names of Baronets made by King Iames and King Charles , at seuerall times ; as followeth . Anno 9. & 44. Iacobi Regis , 1611. SIr Nicholas Bacon of Redgraue , in the County of ●●●●folke Knight , created Baronet the 22. day of May , Anno praedicto . Sir Richard Molineux of Se●ton in the County of Lancaster Knight , created Baronet the 22. day of May , Anno praedicto . Sir Thomas Maunsell of Morgan , in the County of Clamorgan Knight , created Baronet the 22. day of May Anno praedicto . George Shyrley of Staunton , in the County of Leicester Esquire , created Baronet the 22. day of May , vt supra . Sir Iohn Stradling of St. Donates , in the County of Glamorgan Knight , teste vt supra . Thomas Pe●ham of Lawghton , in the County of Sussex Esquire , created Baronet , teste vt supra . Sir Francis Leake of Sutton , in the County of Derby Knight , teste vt supra . Sir Richard Houghton of Houghton-tower , in the County of Lancaster Knight , teste vt supra . Sir Henry Hobart of Intwood , in the County of Norfolke Knight , teste vt supra . Sir George Booth of Dunham Massie in the County of Chester Knight , created Baronet , teste vt supra . Sir Iohn Peyton of Hisman , in the County of Cambridge Knight , created Baronet , teste vt supra . Lionell Talmache of H●mingham , in the County of Suffolke Esquire , created Baronet , teste vt supra . Sir I●ruis Clifton of Clif●on , in the County of Derby Knight , created Baronet , teste v● supra . Sir Thomas Gerrard of Brim in the County of Lancaster Knight , created Baronet , teste vt supra . Sir Walter Aston of Titfall , in the County of Stafford Kn●ght , created Baronet , teste vt supra . Philip Kneuet of Bucknam Esquire , in the County of Norfolke , teste vt supra . Sir Iohn S● . Iohn of Lediard Tregos , in the Couty of Wilts Knight , created Baronet , teste vt supra . Iohn Shelly of Michelgroue , in the County of Sussex Esquire , created Baronet , teste vt supra . Sir Iohn Sauage of Rock-sauage , in the County of Chester Knight , created Baronet the 29. day of Iune , Anno 9. & 44. Iacobi Regis , anno praedicte . Sir Francis Barington of Barington-hall , in the County of Essex Knight , created Baronet the 29. day of Iune , v● supra anno praedicto . Henry Berkley of Wymondham , in the County of L●icester Esquire , created Baronet the 29. day of Iune , anno praedicte . William Wentworth of Wentworth Woodhouse , in the county of Yorke Esquire , created Baronet the 29. day of Iune , vt ante an . praed . Sir Richard Musgraue of Hartley-Castle , in the county of VVestmerland Knight , created Baronet , teste vt supra . Edward Seimoure of Bury-Castle , in the county of Deuon Esquire , created Baronet , teste vt supra . Sir Miles Finch of Eastwell , in the county of Kent Knig. created Baronet , teste vt supra . Sir Anthony Cope of Harwell , in the county of Oxford Knight , created Baronet , teste vt supra . Sir Thomas Mounson of Carleton , in the county of Lincolne Knight , created Baronet , teste vt supra . George Griesley of Drakelow , in the county of Derby Esquire , created Baronet , teste vt supra . Paul Tracy of Stanway , in the county of Glocester Esquire , created Baronet , teste vt supra . Sir Iohn Wentworth of G●ffield , in the county of Essex Knight , created Baronet , teste vt supra . Sir Henry Bellassis of Newbrough , in the county of Yorke Knight , created Baronet , teste vt supra . William Constable of Flambrough , in the county of Yorke Esquire , created Baronet , teste vt supra . Sir Thomas Legh of Stoneley , in the county of VVarwicke Knight , created Baronet , teste vt supra . Sir Edward Noell of Brooke , in the county of Rutland Knight , created Baronet , teste vt supra . Sir Robert Cotton of Connington , in the county of Lincolne Knight , created Baronet , teste vt supra . Robert Cholmondeleigh of Cholmondeleigh , in the county of Chester Esquire , created Baronet , teste vt supra . Iohn Molineux of Teuershalt , in the county of Notting●am Esquire , created Baronet , teste vt supra . Sir Francis Wortley of VVortley , in the county of Yorke Knight , created Baronet , teste vt supra . Sir George Sauile the elder of Thornehill , in the county of Yorke Knight , created Baronet , teste vt supra . William Kniueton of Mircaston , in the county of Derby Esquire , created Baronet , ●este vt supra . Sir Philip Woodhouse of ●imberley-hall , in the county of Norfolke Knight , created Baronet , teste vt supra . Sir William Pope of VVilcot , in the county of of Oxford Knight , created Baronet , teste vt supra . Sir Iames Harrington of Ridlington , in the county of Rutland Knight , created Baronet the 29. day of Iune , anno praed . Sir Henry Sauile of Metheley , in the county of Yorke Knight , created Baronet , teste vt supra . Henry Willoughby of Risley , in the county of Derby Esquire , created Baronet , teste vt supra . Lewis Tresham of Rushton , in the county of Northhampton Esquire , created Baronet , teste vt supra . Thomas Brudenell of De●ne , in the county of Northampton Esquire , created Baronet , teste vt supra . Sir George St. Paul of Snarford , in the county of Lincolne Knight , created Baronet , teste vt supra . Sir Philip Tirwhit of S●amefield , in the county of Lincolne Kight , created Baro●et , t●ste vt supra . Sir Rog●r Da●lison o● Laughton , in the county of Lincolne Knight , created Baronet the 29. day of Iune , anno pred . Sir Edward Carre of Sleford , in the county of Lincolne Knight , creat●d Baro●et , teste vt supra . Sir Edward H●ssey of Henington , in the county of Lincolne Knight , created Baronet , teste vt supra . Le Strange Mord●nt of Massi●gham parua , in the county of Nor●●lke Esquire , created Baronet the 29. day of Iun● . anno pred . Thomas Bendish of Steeple Bumsteed , in the county of Essex Esquire , creat●d Baronet the 29. day of Iune , anno predicto vt supra . Sir Iohn Winne of Gwidder , in the county of Carnaruon Knight , created Baronet , teste vt supra . Sir William Throckmorton of T●rtworth , in the county of Gloucester Knight , created Baronet , teste vt supra . Sir Richard Worsley of Appledorecombe , in the county of Southampton Knight created Baronet , teste vt supra . Richard Fleet-wood of Cakewish , in the County of Stafford E●quire , created Baronet , teste vt supra . Thomas Spencer of Yardington , in the County of Oxford Esquire , created Baronet , teste vt supra . Sir Iohn Tufton of Hothfield , in the County of K●nt Knight , created Baronet the 29. day of Iune , Anno praedictae . Sir Samuel Peyton of Knowlton , in the County of Kent Knight , created Baronet , teste vt supra . Sir Charles Morrison of Cashiobury , in the County of Hertford , created Baronet , teste vt supra . Sir Henry Baker of Sissinghurst , in the County of Kent Knight , created Baronet , teste v● supra ● Roger Appleton of Southbemsteet , in the County of Essex Esquire , created Baronet , teste vt sup . Sir William Sedley of Ailesford , in the County of Kent Knight , created Baronet , teste vt supra . Sir William Twisden of East-peckham , in the County of Kent Knight , created Baronet , teste vt supra . Sir Edward Hales of Woodchurch , in the County of Kent Knight , created Baronet the 29. day of Iune , vt William Monyus of Walwa●sher , in the County of Kent Esquire , created Baronet , teste vt supra . Thomas Milemay of Mulsham , in the County of Essex Esquire , created Baronet , teste vt supra . Sir William Maynard of Easton parua , in the County of Essex Knight , created Baronet the 29. day of Iune , anno praedicto . Henry Lee of Quarrendon , in the County of Buckingham Esquire , created Baronet , teste vt supra . These last Baronets which be in number 52. beare date all 29. day of Iune , Anno supradicto . And the other 18. which be first , doe all beare date 22. day of May , An. supradicto . Anno 10. & 45. Iacobi Regis , 1612. SIr Iohn Portman of Orchard , in the County of Somerset Knight , created Baronet the 25. day of Nouember , Anno pred . Sir Nicholas Saunderson of Saxby , in the County of Lincolne , created Baroned the 25. day of Nouember the An. praed . Sir Miles Sandes of Wilberton within the I le of Ely Knight , created Baronet , teste vt surra . William Gostwicke of Willington , in the County of Bedford Esquire , created Baronet the 25. day of Nouember Anno praedicto . Thomas Puckering of Weston , in the County of Hertford Esquire , created Baronet , teste vt supra . Sir William Wray of Glentworth , in the county of Lincolne Knight , created Baronet , teste vt supra . Sir William Ailoffe of Braxted magna , in the county of Essex Knight , created Baronet , teste vt supra . Sir Marmaduke Wiuell of Custable-burton , in the county of Yorke Knight , created Baronet , the 25. day of Nouember , Anno pred . Iohn Peshall of Horsley , in the county of Stafford Esquire , created Baronet , teste vt supra . Francis Englefield of Wotton Basset , in the county of Wilts Esquire , created Baronet , teste vt supra . Sir Thomas Ridgway of Torre , in the county of Deuon Knight , created Baronet , teste vt supra William Essex of Bewcot , in the County of Berkeshire Esquire , created Baronet the 25. day of Nouember , anno praed . Sir Edward Gorges of Langford , in the county of Wilts Knight , created Baronet the 25. day of Nouember , Anno praed . Edward Deuereux of Castle Bramwitch , in the county of Warwicke , Esquire , created Baronet , teste vt supra . Reginald Mohun of Buckonnock , in the county of Cornwall Esquire , created Baronet , teste vt supra . Sir Harbottle Grimstone of Bradfield , in the county of Essex Knight , created Baronet , teste vt supra . Sir Thomas Holt of Aston iuxta Byrmingham , in the county of Warwicke Knight , created Baronet the 25. day of Nouember , Anno praed . Sir Robert Napar alias Sandy of Lewton-How , in the county of Bedford Knight , created Baronet , teste 24● day of September , Anno pred . Paul Bayning of in the county of Essex Esquire , created Baronet the Sir Thomas Temple of in the county of Buckingham Knight , created Baronet the day of Thomas Peneystone of in the county of Sussex Esquire , created Baronet the Anno 13. & 48. Iacobi Regis 1615. Thomas Blackston of Blackston , in the county and Bishopiicke of Durham , created Baronet the 8. day of Iune , Anno praed . Sir Robert Dormer of Wing , in the county of Buckingham Knight , created Baronet the 10. day of Iune , Anno praed . and created Baron Dormer of Wing , the thirty of Iune , Anno praed . Anno 15. & 50. Iacobi Regis , 1616. Sir Rowland Egerton of Egerton , in the county of Chester Knight , created Baronet the 5. day of Aprill An pred . Roger Towneshend of Rainham , in the County of Norffo●ke Esquire , created Baronet the 16. day of Aprill , Anno praed . Simon Clerke of Sulford , in the County of Warwicke Esquire , created Baronet the first day of May , anno pred . Anno 15. & 51. Iacobi Regis , 1617. Sir Richard Lucy of Broxborne , in the County of Hertford Knight , created Baronet the 11. day of March , anno praed . Anno 16. & 51. Iacobi Regis , 1618. Sir Mathew Boynton Bramston in the County of Yorke Knight , created Baronet the 25. day of May. an . praed . Thomas Littleton of Fr●nkley , in the County of Worcester Esquire , created Baronet the 25. day of Iuly , anno praed . Anno 16. & 52. Iacobi Regis , 1618. Sir Francis Leigh of Newneham , in the County of Warwicke Knight , created Baronet , the 24. day of December , anno praed . George Morton of St. Andrewes Milborne , in the County of Dorset Esquire , created Baronet the first day of March , an . praed . Anno 17. & 52. Iacobi Regis , 1619. Sir William Heruy Knight , created Baronet the 31. day of May , an . praed . Thomas Mackworth of Normanton , in the County of Rutland Esquire , created Baronet the 4. day of Iune , an . prad . William Grey Esquire , sonne and heire of Sir Ralph Grey of Chillingham in the County of Northumberland Knight , created Baronet the 15. day of Iune , an . praed . William Villiers of Brookesby , in the County of Leicester Esquire , created Baronet the 19. day of Iuly , an . praed . Sir Iames Ley of Westbury , in the County of VVilts Knight , created Baronet the 20. day of Iuly , an . pred . William Hicks of Beuerston , in the County of Leicester Esquire , created Baronet the 21. day of Iuly , an . pred . Anno 17. & 53. Iacobi Regis . Sir Thomas Beamont of Coleauerton , in the County of Leicester Knight , created Baronet the 17. day of September , an . pred . Henry Salisbury of Leweny , in the County of Denbigh Esquire , created Baronet the 10. day of Nouember , an . pred . Erasmus Driden of Canons Ashby , in the County of Northampton Esquire , created Baronet the 16. day of Nouember , an . pred . William Armine Esquire , sonne of Sir William Armine of Osgodby , in the County of Lincolne Knight , created Baronet the 28. of Nouember , an . pred . Sir William Bamburgh of Howson , in the County of Yorke Knight , created Baronet the first day of December , an . pred . Edward Hartoppe of Freathby , in the County of Leicester Esquire , created Baronet the 2. day of December , an . pred . Iohn Mill of Camons-Court , in the County of Sussex Esquire , created Baronet the 31. day of December , anno pred . Francis Radcliffe of Darentwater , in the County of Cumberland Esquire , created Baronet the 31. day of Ianuary , an . pred . Sir Dauid Foulis of Ingleby , in the County of of Yorke Knight , created Baronet the 6. day of February , an . pred . Thomas Philips of Barrington , in the County of Somerset Esquire , created Baronet the 16. day of February , an . pred . Sir Claudius Forster of Bambrough-Castle , in the County of Northumberland Knight , created Baronet the 7. day of March , an . praed . Anthony Chester of Chicheley , in the County of Buckingham Esquire , created Baronet the 23. day of March , an . praed . Sir Samuel Tryon or Layre-Marney , in the County of Essex Knight , created Baronet the 28. day of Ma●ch , an . praed . Anno 18. & 53. Iacobi Regis , 1620. Adam Newton of Charleton , in the County of Kent , Esquire , created Baronet the 2. day of Aprill , an . pr. Sir Iohn Boteler of Hatfield-woodhall , in the County of Hertford Knight , created Baronet the 12. day of Aprill , an . pred . Gilbert Gerrard of Harrow super montem , in the County of Middlesex Esquire , created Baronet the 13. day of Aprill , an . praed . Humfrey Lee of Langley , in the County of Salop Esquire , created Baronet the 3. day of May , an . praed . Richard Berney of Park-hall in Redham , in the County of Norffolke Esquire , created Baronet the 5. day of May , an . praed . Humfrey Forster of Aldermaston , in the County of Berke Esquire , created Baronet the 20. day of May , anno praed . Thomas Biggs of Lenchwicke , in the County of VVorcester Esquire , created Baron●t the 29. day of May , anno praed . Henry Bellingham of Helsington , in the County of Westmerland E●quire , created Baronet the 30. day of May , an . praed . William Yeluerton of Rougham , in the County of Norfolke Esquire , cr●ated Baronet the 31. day of May , anno praed . Iohn Scudamore of Home Lacy ● in the County of Hereford Esquire , created Baronet the first day of Iune , anno praed . Sir Thomas Gore of Stitman , in the County of Yorke Knight , created Baronet the 2. day of Iune , an . praed . Iohn Packington of Alesbury , in the County of Buckingham Esquire , created Baronet the 22. day of Iune , an . praed . Raphe Ashton of Leuer , in the County of Lancaster Esquire , created Baronet the 28. of Iune , an . praed . Sir Baptist Hicks of Campden , in the County of Glocester Knight , created Baronet the first day of Iuly , anno praed . Sir Thomas Roberts of Glassenbury , in the County of Kent Knight , created Baronet the 3. day of Iuly , anno praed . Iohn Hamner of Hamner , in the county of Flint Esquire , creat●d Baronet the 8. day of Iuly , anno praedicto . Edward Osborne of Keeton , in the county of Yorke , Esquire , created Baronet the 13. day of Iuly , anno praedicto . Henry Felton of Playford , in the county of Suffolke Esquire , created Baronet , the 20. day of Iuly , an . praed . William Chaloner of Ginsborough , in the county of York● Esquire , created Baronet , the 21. day of Iuly , an . praedicto . Edward Fryer of Water-Eaton , in the county of Oxford Esquire , created Baronet the 22. day of Iuly● an . praed . Sir Thomas Bishop of Parham , in the County of Sussex Knight , created Baronet the 24. day of Iuly , an . praed . Sir Francis Vincent of Stockdawe-Barton , in the County of Surrey Knight , created Baronet the 26. day of Iuly , anno praed . Anno 18. & 54. Iacobi Regis , 1620. Henry Clere of Ormesby , in the county of Norfolke Esquire , created Baronet the 27. day of February , an . praed . Sir Baniamin Titchbourne of Titchbourne , in the County of Southampton Knight , created Baronet , the 8. day of March , an . praed . Anno 19. & 54. Iacobi Regis , 1621. Sir Richard Wilbraham of Woodhey , in the County of Chester Knight , created Baronet the 5. day of May , anno praed . Sir Thomas Delues of Duddington in the County of Chester Knight , created Baronet , the 8. day of May , An. praed . Sir Lewis Watson of Rockingham Castle , in the County of Northampton Knight , created Baronet , the 23. day of Iune , An. praed . Sir Thomas Palmer of Wingham , in the County of Kent Knight , created Baronet the 29. day of Iune , Anno praed . Sir Richard Roberts of Trewro , in the County of Cornwall Knight , created Baronet the 3. of Iuly , an . praed . Iohn Riuers of Chafford , in the county of Kent Esquire , created Baronet the 19. day of Iuly , an . praed . Anno 19. & 55. Iacobi Regis , 1621. Henry Iernegan of Cossey , alias Cossese in the county of Norfolke Esquire , created Baronet the 16. day of August , anno praed . Thomas Darnell of Heyling , in the County of Lincolne Esquire , created Baronet the 6. day of September , an . praed . Sir Isaack Sidley of great Charte , in the County of Kent Knight , created Baronet the 14. day of September , anno praed . Robert Browne of Walcot , in the County of Northampton Esquire , created Baronet the 21. day of September , an . praed . Iohn Hewet of Headley-hall , in the County of Yorke Esquire , created Baronet , the 11. day of October , an . praed . Sir Nicholas Hide of Albury , in the County of Hertford Knight , created Baronet the 8. day of Nouember , an . praed . Iohn Philips of Picton , in the County of Pembroke Esquire , created Baronet the 9. day of Nouember , an . praed . Sir Iohn Stepney of Pr●ndergast , in the county of Pembroke Knight , created Baronet the 24. day of Nouember , an . prad . Baldwin Wake of Cleuedon , in the county of Somerset Esquire , created Baronet the 5. day of December , anno praed . William Masham of High-lauer , in the County of Essex , created Baronet the 19. day of December , Anno praed . Iohn Colbrond of Borham , in the County of Sussex Esquire , created Baronet the 21. day of December , an . praed . Sir Iohn Hotham of Scorborough , in the County of Yorke Knight , created Baronet the 4. day of Ianuary , an . praed . Francis Mansell of Mudlescombe , in the County of Carmarthen Esquire , created Baronet the 14. day of Ianuary , anno pred . Edward Powell of Penkelley , in the County of Hereford Esquire , created Baronet the 18. day of Ianuary , an . praed . Sir Iohn Garrard of Lamer , in the County of Hertford Knight , created Baronet the 16. day of February , an . praed . Sir Richard Groseuenor of Eaton , in the County of Chester Knight , created Baronet the 23. day of February , an . praed . Sir Henry Mody of Garesdon , in ●he County of Welts Knight , created Baronet the 11. day of March , anno praed . Iohn Barker of Grimston-hall in Trimley , in the County of Suffolke Esquire , created Baronet the 17. day of March , an . praed . Sir William Button of Alton , in the county of Wilts Knight , created Baronet , the 18. day of of March , Anno praed . Anno 20. & 52. Iacobi Regis 1622. Iohn Gage of Ferle , in the county of Sussex Esquire , ●reated Baronet the 26. day of March , Anno praedicto . William Goring Esquire , son and heire of Sir Henry Goring of Burton , in the county of Sussex Knight , created Baronet the 14. day of May , Anno pred . Peter Courten of Aldington alias Aun●on , in the county of Worcester Esquire , created Baronet the 18. day of May , an . praed . Sir Richard Norton of Rotherfield , in the county of Southampton Knight , created Baronet the 23. day of May , anno praed . Sir Iohn Leuenthorpe of Shinglehall , in the county of Hertford Knight , created Baronet the 30. day of May , Anno praed . Capell Bedell of Hamerton , in the county of Huntington Esquire , created Baronet the 3. day of Iune , anno praed . Iohn Darell of Westwoodhey , in the county of Berke Esquire , created Baronet the 13. day of Iune , an . praed . William Williams of Veynoll , in the county of Carnaruon Esq. created Baronet , the 15. day of Iune , an . praed . Sir Francis Ashley of Hartfield , in the County of Midlesex , Knight created Baronet the 18. day of Iune , an . praed . Sir Anthony Ashley of St. Giles Wimborne , in the county of Dorset Knight , created Baronet , the 3. day of Iuly , anno pred . Iohn Couper of Rocbourne , in the county of Southampton , created Baronet the 4. day of Iuly , an . praed . Edmund Prideaux of Netherton , in the County of Deuon Esquire , created Baronet the 17. of Iuly , an . praed . Sir Thomas Heselrigge of Noseley , in the county of Leicester Knight , created Baronet the 21. day of Iuly , an . praed . Sir Thomas Burton of Stockerston , in the county of Leicester Kni. created Baronet the 22. day of Iuly , anno praed . Francis Foliambe of Walton , in the County of Derby Esquire , created Baronet the 24. day of Iuly , an . praed . Edward Yate of Buckland in the county of Berke Esquire , created Baronet the 30. day of Iuly , an . praed . Anno vicesimo & 56. Iacob Regis . George Chudleigh of Ashton , in the county of Deuon Esquire , created Baronet the first day of August , anno praed . Francis Drake of Buckland , in the county of Deuon Esquire , created Baronet the 20. day of August , anno praed . William Meredith of Stanstie , in the county of Denbigh Esquire , created Baronet the 13. day of August , anno praed . Hugh Middleton of Ruthyn , in the county of Denbigh Esquire , created Baronet the 22. day of October , anno praed . Gifford Thornehurst of Ague-Court , in the county of Kent Esquire , created Baronet the 12. day of Nouember , anno praed . Percy Herbert sonne and heire of Sir William Herbert of Red-castle , in the county of Montgomery Knight , created Baronet the 16. day Nouember , an . praed . Sir Robert Fisher of Packington , in the county of Warwicke Knight , created Baronet the 7. day of December , anno praed . Hardolph Wastneys of Headon , in the county of Nottingham , created Baronet the 18. day of December . anno praed . Sir Henry Skippwith of Prestwould , in the county of Leicester Knight , created Baronet the 20. day of December , anno praed . Thomas Harris of Boreatton , in the County of Salop Esquir● , created Baronet the 22. day of December , anno pred . Nicholas Tempest of Stella , in the Bishopricke of Durham Esquire , created Baronet the 23. day of December , anno pred . Francis Cottington Esquire , Secretary to the Prince Charles , created Baronet , the 16. day of February , Anno praed . Anno vicesimo primo & 56. Iacobi Regis . Thomas Harris of Tong castle , in the County of Salop , Serieant at Law , created Baronet the 12. day of Aprill , Anno praedicto . Edward Barkham of Southacre , in the County of Norfolke Esquire , created Baronet the 28. day of Iune , Anno praedicto . Iohn Corbet of Sprowston , in the County of Norfolke Esquire , created Baronet the 4. day of Iuly , anno praed . Sir Thomas Playters of Sotterley , in the county of Suffolke Knight , created Baronet , the 13. day of August , Anno praedicto . Anno secundo Caroli Regis . Sir Iohn Ashfield of Nether-hall , in the county of Suffolke Knight , created Baronet the 27. day of Iuly , an . praed . Henry Harper of Calke , in the county of Derby Esquire , created Baronet the 8. day of September , anno praed . Edward Seabright of Besford , in the County of Worcester Esquire , created Baronet the 20. day of December , an . praed . Iohn Beaumount of Gracedieu , in the County of Chester Esquire , created Baronet the 29. day of Ianuary , anno praed . Sir Edward Dering of Surrenden , in the County of Kent Knight , created Baronet the first day of February , anno praed . George Kempe of Pentlone , in the County of Essex , Esquire , created Baronet the 5. day of February , an . praed . William Brereton of Hanford , in the county of Chester Esquire , created Baronet the 10. day of March , anno praed . Patrick Curwen of Workington , in the county of Cumberland Esquire , created Baronet the 12. day of March , an . praed . William Russell of Witley , in the Country of Worcester Esquire , created Baronet the 12. day of March , an . praed . Iohn Spencer of Offley , in the County of Hertford Esquire , created Baronet the 14. day of March , an . pred . Sir Giles Escourt of Newton , in the County of VVil●s Knight , created Baronet the 17. day of March , an . pred . Anno t●rtio Caroli Regis . Thomas Aylesbury Esquire , one of the Masters of the Court of Request , created Baroned the 19. day of Aprill , an . pred . Thomas Style Esquire , of Wateringbury , in the County of Kent , created Baronet the 21. day of Aprill , an . pred . Frederick Cornwallis● in the County of Suffolke Esquire , created Baronet the day of an . pred . William Skeuington , in the County of Stafford created Baronet the anno pred . Drue Drury , in the County of Norfolke Esquire , created Baronet the an . praed . Sir Robert Crane of Chilton , in the County of Suffolke Knight , created Baronet the day of May , an . pred . Anthony Wingfield of Goodwins , in the County of Suffolke Esquire , created Baronet the 17. day of May , an . praed . William Culpepper of Preston-hall , in the County of Kent Esquire , created Baronet the 17. day of May , vt supra . Iohn Kirle of Much Marcle , in the County of Hereford Esquire , created Baronet the 17. day of May , vt supra . Giles Bridges of Wilton , in the County of Hereford Esquire , created Baronet the 17. day of May , vt supra . Sir Humphrey Stiles of Becknam , in the County of Kent Knight , created Baronet the 20. day of May , an . pred . Henry Moore of Falley , in the county of Berke Esquire , created Baronet the 21. day of May , Anno praed . Thomas Heale of Fleet , in the county of Deuon Esquire , created Baronet the 28. day of May , Anno pred . Iohn Carleton of Holcum , in the county of Oxford Esquire , created Baronet the 28. day of May , Anno praed● Thomas Maples of Stowe , in the County of Huntingdon Esquire , created Baronet the 30. day of May , anno praedicto . Sir Iohn Isham of Lamport , in the County of Northhampton Knight , created Baronet the 30. day of May , an . praed . Her●y Bagot of Blithfield , in the County of Stafford Esquire , created Baronet the 30. day of May , Anno praed . Lewis Pellard of Kings Nimpton , in the County of Deuon Esquire , created Baronet the 31. day of May , anno praed . Francis Mannock of Giffordes-hall , in Stoke neere Neyland in the County of Suffolke Esquire , created Baronet the first day of Iune , An. praed . Henry Griffith of Agnes Burton , in the County of Yorke Esquire , created Baronet the 7. day Iune , an . praed . Lodowick Deyer of Staughton , in the County of Huntingdon Esquire , created Baronet the 8. day of Iune , anno praed . Sir Hugh Stewkley of Hinton , in the County of Northhampton Knight , created Baronet the 9. day of Iune , an . praed . Edward Stanley of Biggarstaffe , in the County of Lancaster Esquire , created Baronet the 26. of Iune , an . praed . Edward Littleton of Pileton-hall , in the County of Stafford Esquire , created Baronet the 28. day of Iune , an . praed . Ambrose Browne of Bestworth-castle , in the county of Surrey Esquire , created Baronet the 7. day of Iuly , an . praed . Sackuile Crowe of Lanherme , in the county of Carmarthen Esquire , created Baronet the 8. day of Iuly , anno praed . Michael Liuesey of Eastchurch , in the I le of Sheppey , in the county of Kent Esquire , created Baronet the 11. day of Iuly , an . praed . Simon Bennet of Beuhampton , in the county of Buckingham Esquire , created Baronet the 17. day of Iuly , anno praed . Sir Thomas Fisher of the parish of St. Giles , in the County of Middlesex Knight , created Baronet the 19. day of Iuly , an . praed . Thomas Bowyer of Leghtborne , in the County of Sussex Esquire , created Baronet the 23. day of Iuly , anno praed . Buts Bacon of Milden-hall , in the County of Suffolke Esquire , created Baronet the 29. day of Iuly , an . praed . Iohn Corbet of Stoke , in the County of Salop Esquire , created Baronet the 19. day of September , an . praed . Sir Edward Tirrell of Thorneton , in the County of Buckingham Knight , created Baronet the 31. day of October , an . praed . Basill Dixwell of Terlingham , alias Gerelingham , in the County of Kent Esquire , created Baronet the 28. day of February , anno praed . Sir Richard Young Knight , one of the Gentlemen of his Maiesties Priuy Chamber , created Baronet the 10. day of March , an . prae . Anno quarto Caroli Regis . William Pennyman the younger of Maske , alias Marske , in the County of Yorke Esquire , created Baronet the 6. day of May , an . praed . William Stonehouse of Radley , in the County of Berke Esquire , created Baronet the 7. day of May , an . praed . Sir Thomas Fowler of Islington , in the County of Middlesex Knight , created Baronet the 21. day of May , anno praed . Sir Iohn Fenwick of Fenwick , in the County of Northumberland Knight , created Baronet the 9. day of Iune , an . praed . Sir William Wray of Trebitch , in the County of Cornwall Knight , created Baronet the 30. day of Iune , an . pr. Iohn Trelawney of Trelawney , in the County of Cornwall Esquire , created Baronet the 1. day of Iuly , an . pr. Iohn Conyers of Norden , in the Bishopricke of Durham Gentleman , created Baronet the 14. day of Iuly , an . praed . Iohn Bolles of Scampton , in the County of Lincolne Esquire , created Baronet the 24. day of Iuly , an . pr. Thomas Aston of Aston , in the county of Chester Esquire , created Baronet the 25. day of Iuly , an . pr. Kenelme Ienoure of Much Dunmore , in the county of Essex Esquire , created Baronet the 30. day of Iuly , anno praed . Iohn Price of Newtowne , in the county of Montgomery Knight , created Baronet , the 15. day of August , an . praed . Sir Richard Beaumont of Whitley , in the County of Yorke Knight , created Baronet the 15. day of August , an . pr●d . William Wiseman of Canfield-hall , in the County of Essex Esquire , created Baronet the 29. day of August , an . praedicto . Thomas Nightingale of Newport Pond , in the county of Essex Esquire , created Baronet the first day of September , an . praed . Iohn Iaques of in the county of Middlesex , one of his Maiesties Gentlemen Pentioners Esquire , created Baronet the 2. day of September , an . praed . Anno quarto Caroli Regis . Robert Dillington of the I le of Wight , in the county of Sout●ampton Esquire , created Baronet the 6. day of Sept●mber , anno praed . Francis Pile of Compton , in the County of Berk● Esquire , created Baronet the 12. day of September , anno praed . Iohn Pole of Shut , in the County of Deuon Esquire , created Baronet the 12. day of September , vt supra . William Lewis of Lang●rs , in the County of Brecknock Esquire , created Baronet the 14. day of September , anno praed . William Culpepper of Wakehurst , in the County of Sussex Esquire , created Baronet the 20. day of September , anno praed . Peter Van Loor of Tylehurst , in the county of Berke Esquire , created Baronet the 3. day of October , anno praedicto . Sir Iohn Lawrence of Iuer , in the county of Buckingham Knight , created Baronet the 9. day of October , an . praed . Anthony Slinges by of Screuin , in the County of Yorke Esquire , created Baronet the 23. day of October , anno praed . Thomas Vauasor of Hesskewood , in the County of Yorke Esquire , created Baronet the 24. day of October , anno praed . Robert Wolseley of Morton , in the county of Stafford Esquire , created Baronet the 24. day of Nouember , an . praed . Rice Rudd of Abersline , in the county of Carmarthen Esquire , created Baronet the 8. day of December , an . praed . Richard Wiseman of Thundersley , in the county of Essex Esquire , created Baronet the 18. day of December , anno praed . Henry Ferrers of Skellingthorpe , in the county of Lincolne Esquire , created Baronet the 19. day of December , an . praed . Iohn Anderson of St. Iues , in the County of Huntingdon Esquire , created Baronet the 3. day of Ianuary , anno praed . Sir William Russell of Chippenham , in the County of Cambridge Knight , created Baronet the 19. day of Ianuary , Anno praedicto . Richard Euerard of Much Waltham , in the County of Essex Esquire , created Baronet the 29. day of Ianuary , an . praed . Thomas Powell of Berkenhead , in the County of Chester Esquire , created Baronet the day of Ianuary , an . praed . William Luckin of Waltham , in the County of Essex Esquire , created Baronet the 2. day of March , an . praed . Anno quinto Caroli Regis . Richard Graham of Eske , in the County of Cumberland Esquire , created Baronet the 29. day of March , an . praed . George Twisleton of Barlie , in the County of Yorke Esquire , created Baronet the 2. day of Aprill , an . praed . William Acton of the City of London Esquire , created Baronet the 30. day of May , anno praed . Nicholas Le Strange of Hunstanton , in the County of Norfolke Esquire , created Baronet the 1. day of Iune , anno praed . Edward Aleyn of Hatfield , in the County of Essex Esquire , created Baronet the 28. day of Inne , An. praed . Richard Earle of Craglethorpe , in the county of Lincolne Esquire , created Baronet the 2. day of Iuly , Anno praed . Iohn Holland of Quidenham , in the County of Norfolke Esquire , created Baronet the 15. day of Iuly , An. praed . Robert Ducy Alderman of London , created Baronet the 28. day of Nouember , an . praed . Anno sexto Caroli Regis . Sir Richard Grenuile Knight and Colonell , created Baronet , Teste apud Westmonasterium , decimo nono die Aprilis , Anno Regni nostri sexto . Knights of the Bath , made at the Coronation of King IAMES . SIr Philip Herbert now Earle of Montgomery . Thomas Barkley , Lord Barkley . Sir William Euers , now Lord Euers . Sir George Wharton , after Lord Wharton . Sir Robert Rich , now Earle of Warwicke . Sir Robert Carre , of the Bed-chamber of his Maiesty . Sir Iohn Egerton , now Earle of Bridgewater . Sir Henry Compton , third brother to William Earle of Northampton . Sir Iames Erskine , sonne to the Earle of Marre . Sir William Austuddur . Sir Patricke Murray . Sir Iames Hay Lord Yster . Sir Iohn Lynsey . Sir Richard Preston , after Earle of Desmond . Sir Oliuer Cromwell of Huntingtonshire . Sir Edward Stanley of Lancashire . Sir William Herbert of Montgomery , now Lord Powys . Sir Foulke Griuell , after Lord Brooke . Sir Francis Fanne , after Earle of Westmerland . Sir Robert Chichester , of Deuonshire . Sir Robert Knowles of Bershire . Sir William Clifton of Nottinghamshire . Sir Francis Fortescue of Deuonshire . Sir Richard Corbet of Shropshire . Sir Edward Herbert , now Lord of Castle-Iland in Ireland , and Baron Chirbury . Sir Thomas Langton of Lancashire . Sir William Pope of Oxfordshire . Sir Arthur Hopton of Somersetshire . Sir Charles Morison Knight & Baronet of Hartfordshire . Sir Francis Leigh of Warwickeshire . Sir Edward Mountagu , now Lord Mountagu of Boughton in Northamptonshire . Sir Edward Stanhop of Yorkeshire . Sir Peter Manwood of Kent . Sir Robert Harley of Herefordshire . Sir Thomas Strickland of Yorkeshire . Sir Christopher Hatton of Northamptonshire . Sir Edward Gri●fin of Northamptonshire . Sir Robert Beuill of Huntingtonshire . Sir Edward Harwell of Wostershire . Sir Iohn Mallet of Somersetshire . Sir Walter Aston of Staffordshire , Knight and Baronet . Sir Henry Gawdy of Essex . Sir Richard Musgraue of Westmerland , Kni. & Baronet . Sir Iohn Stowell of Somersetshire . Sir Richard Amcots of Lincolneshire . Sir Thomas Leedes of Suffolke . Sir Thomas Iermyn of Norfolke . Sir Ralph Harre of Hartford . Sir William Forster of Buckinghamshire . Sir George Speake of Somersetshire . Sir George Hide of Barkeshire . Sir Anthony Felton of Suffolke . Sir William Browne of Northamptonshire . Sir Thomas Wise of Essex . Sir Robert Chamberlaine of Oxfordshire . Sir Anthony Palmer of Suffolke . Sir Edward Heron of Lincolneshire . Sir Henry Burton of Leicestershire . Sir Robert Barker of Suffolke . Sir William Norris of Lancashire . Sir Roger Bodenham of Herefordshire . Knights of the Bath made at the Creation of Henry Prince of WALES . HEnry Vere Earle of Oxford . George Lord Gordon , son to Marquesse Huntley . Henry Lord Clifford , son to Francis Earle of Cumberland . Henry Ratcliffe , Lord Fitz-water , sonne to the Earle of Sussex . Edward Bourcher , now Earle of Bath . Iames Lord Hay , now Earle of Carlile . Iames Lord Erskin , sonne to the Earle of Marre in Scotland . Thomas Windsor , now Lord Windsor . Thomas Lord Wentworth , now Earle of Cleueland . Sir Charles Somerset , son to Edward Earle of Worster . Sir Edward Somerset , son to the said Earle of Worster . Sir Francis Stuart , son to the Earle of Murray . Sir Ferdinando Sutton , eldest son to the Lord Dudley . Sir Henry Carey , now Earle of Douer . Sir Oliuer St. Iohn Lord St. Iohn , now Earle of Bullingbrooke . Sir Gilbert Gerrard , after Lord Gerrard of Gerrard Bromley . Sir Charles Stanhop , Lord Stanhop of Harington . Sir William Steward . Sir Edward Bruce , after Lord Kinlosse . Sir Robert Sidney , Lord Sidney , now Earle of Leicester . Sir Ferdinando Touchet , eldest sonne to George Lord Audley , Earle of Castle-hauen in Ireland . Sir Peregrine Bartey , brother to the now Earle of Lindsey . Sir Henry Rich , second brother to the Earle of Warwicke , and now Earle of Holland . Sir Edward Sheffeild , son to the Lord Sheffeild , now Earle of Mulgraue . Sir William Cauendish , after made Viscount Mansfield , and now Earle of Newcastle . Knights of the Bath made at the Creation of Charles Duke of YORKE . CHARLES Duke of Yorke . Sir Robert Barty Lord Willoughby of Eresby , now Earle of Lindesey . Si● William Compton , Lord Compton , after Earle of Northampton . Sir Grey Bridges , Lord Shandos . Sir Francis Norris , Lord Norris of Rycot , after Earle of Barkeshire . Sir William Cecill , now Earle of Salisbury . Sir Allan Percy , brother to Henry Earle of Northumberland . Sir Francis Mannors , now Earle of Rut●and . Sir Francis Clifford , son to th● Earle of Cumberland . Sir Thomas Somerset , now Viscount Somerset of Castile in Ireland . Sir Thomas Howard , second son to the Earle of Suffolke , now Earle of ●arkeshire . Sir Iohn Harrington , sonne to Iohn Lord Harrington of Exton . Knights of the Bath , made at the Creation of CHARLES Prince of Wales . IAmes Lord Matrauers , eldest son to Thomas Earle of Arundell . Alg●rnon Lord P●rcy , eldest son to the Earle of Northumb●rland . Iames Lord W●iothesley , eldest son to Henry Earle of Southampton . Theophilus Lord Clinton , now Earle of Lincolne , eldest son of Thomas Earle of Lincolne . Edward Seim●r , L●rd B●a●●hamp , grand child to Edward Earle of H●r●fo●d . George Lord Barkley , now Lord Barkeley . H●nry Lord Mordant , now Earle of Peterborough . The Master of F●nton , now Lord Fenton . Sir Henry Howard now Lord Matrauers . Sir Robert Howard , fift sonne to Thomas Earle of Suffolke . Sir Edward Sackuill , now Earle of Dorset . Sir William Howard , sixth son to Thomas Earle of Suffolke● Sir Edward Howard seuenth sonne to Thomas Ea●●●●f Suffolke , now Lord Howard of Est●ricke in Y●●● of shire . Sir Montagu Bartu , sonne and heire to Robert Earle of Lindsey , now Lord Willoughby . Sir William Stourton● sonne to the Lord Stourton . Sir William Parker , after Lord Mor●ey and Montea●le . Sir Dudley North , now Lord North. Sir Spencer Compton , now Earle of Northampton . Sir William Spencer , now Lord Spencer . Sir Rowland St. Iohn , brother to Oliuer E●rle of Bullingbrooke . Sir Iohn Cauendish , second sonne to William Earle of Deuonshire . Sir Thomas Neuill , son to Henry now Lord Abergaueney . Sir Iohn Roper , after Lord Tenham . Sir Iohn North , brother to Dudley , now Lor● North. Sir Henry Cary now Viscount Faulkland . Knights of the Bath , made at the C●ronation of King CHARLES . George Fielding , Viscount Callon second sonne to William Earle of Denbigh , now Earle of Desmond . Iames Stanley , Lord Strange , eldest son to William Earle of Derby . Charles Cecill , Lord Cranborne , eldest sonne to William Earle of Salisbury . Charles Herbert , Lord Herbert of Shurland , eldest sonne to Philip Earle of Montgomery . Robert Rich , Lord Rich , eldest sonne to Robert Earle of Warwicke . Iames Hay , Lord Hay , eldest sonne to Iames Earle of Carlile● Bazell Fielding , Lord Fielding , eldest sonne to William Earle of Denbigh . O●iuer St. Iohn , Lord St. Iohn , eldest son to Oliuer Earle of Bullingbrooke . Mildmay Fane , now Earle of Westmerland . Lord Henry Pawlet , younger son to William Marquesse of Winchester . Sir Edwa●d Montagu , eldest sonne to Henry Viscount M●ndeuill , now Earle of Manchester . Sir Iohn Cary , eldest sonne to Henry Viscount Rochford , now Earle of Douer . Sir Charles Howard , eldest son to Thomas Viscount Andouer , now Earle of Barkshire . Sir William Howard , second sonne to Thomas Earle of Arundell . Sir Robert Stanley , second son to William Ea. of Derby . Sir Pawl●t St. Iohn , second sonne to Oliuer Earle of Bulling●rooke . Sir Francis Fane , second son to Francis Earle of Westm●rland . Sir Iames Howard , eldest son to Theophilus Lord Walden , now Earle of Suffolke . Sir William Cauendish , eldest sonne to William Lord Cauendish , Earle of Deuonshire . Sir Thomas Wentworth , eldest sonne to Thomas Lord Wentworth , now Earle of Cleueland . Sir William Paget , son to William Lord Paget of Bewdesert , now Lord Paget . Sir William Russell , eldest son to Francis Lord Russell , now Earle of Bedford . Sir Henry Stanhope , eldest son to Philip Lord Stanhope of Shelford , now Earle of Chesterfield . Sir Richard Vaughan , eldest son to Iohn Lord Vaughan of Molengar in Ireland . Sir Christopher Neuill , second sonne to Edward Lord Abergaueney . Sir Roger Bartu , second son to Robert Lord Willoughby , now Earle of Lindsey . Sir Thomas Wharton , second sonne to Thomas Lord Wharton . Sir Saint Iohn Blunt , brother to Mountioy Blunt , Lord Mountioy , now Earle of Newport . Sir Ralphe Clare of Worcestershire . Sir Iohn Maynard of Essex , second brother to the Lord Maynard . Sir Francis Carew of Deuonshire . Sir Iohn Byron of Nottinghamshire . Sir Roger Palmer of Sussex , Master of the Kings Household . Sir Henry Edmonds , sonne to sir Thomas Edmonds , Treasurer of the House-hold . Sir Ralph Hopton of Somersetshire . Sir William Brooke of Kent . Sir Alexander Ratcliffe of Lancashire . Sir Edward Scot of Kent . Sir Christopher Hatton of Northamptonshire . Sir Thomas Sackuill of Sussex . Sir Iohn Munson of Lincolneshire , sonne to sir Thomas Munson . Sir Peter Wentworth of Oxfordshire . Sir Iohn Butler of Hartfordshire . Sir Edward Hung●rford , of Wiltshire . Sir Richard Lewson of Kent . Sir Nathaniel Bacon of Calford in Suffolke . Sir Robert Poyntz of Glocestershire . Sir Robert Beuill of Huntingtonshire . Sir George Sands of Kent . Sir Thomas Smith of Weston-Hanger in Kent . Sir Thomas Fanshaw of Warparke in Hartfordshire . Sir Miles Hobard of Plomsted in Norfolke . Sir Henry Hart of Kent , son to sir Perciuall Hart. Sir Francis Carew , alias Throgmorton , of Bedington in Surrey . Sir Iohn Backhouse of Berkshire . Sir Mathew Mynnes of Kent . Sir Iohn Stowell of Somersetshire , Sir Iohn Iennings of Hartfordshire . Sir Stephen Ha●uey of Northamptonshire , son to Iudge Haruey . FINIS . 
A25791	----	Letters from the Marquesse of Argyle, the Earle of Lanerick, Lord Warriston, and others now at Edenburgh, to their friends at London intercepted by Sir Richard Willys ... Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A25791 of text R200021 in the English Short Title Catalog (Wing A3661). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 25 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A25791 Wing A3661 ESTC R200021 12166076 ocm 12166076 55322 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25791) Transcribed from: (Early English Books Online ; image set 55322) Images scanned from microfilm: (Early English books, 1641-1700 ; 805:34) Letters from the Marquesse of Argyle, the Earle of Lanerick, Lord Warriston, and others now at Edenburgh, to their friends at London intercepted by Sir Richard Willys ... Argyll, Archibald Campbell, Marquis of, 1598-1661. Hamilton, William Hamilton, Duke of, 1616-1651. Warriston, Archibald Johnston, Lord, 1611-1663. Willes, Richard, Sir, 1613 or 14-1690. [2], 10 p. Printed by Henry Hall ..., Oxford : 1645. Reproduction of original in Huntington Library. William Hamilton was known as the Earl of Lanark. eng Scotland -- History -- Charles I, 1625-1649. A25791 R200021 (Wing A3661). civilwar no Letters from the Marquesse of Argyle, the Earle of Lanerick, Lord Warriston, and others now at Edenburgh, to their friends at London. Interc [no entry] 1645 3914 5 0 0 0 0 0 13 C The rate of 13 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-11 SPi Global Keyed and coded from ProQuest page images 2002-02 TCP Staff (Oxford) Sampled and proofread 2002-02 TCP Staff (Oxford) Text and markup reviewed and edited 2002-03 pfs Batch review (QC) and XML conversion LETTERS FROM THE MARQVESSE OF ARGYLE , the Earle of LANERICK , Lord WARRISTON , and others now at Edenburgh , to their friends at London . Intercepted by Sir RICHARD WILLYS Governour of Newarke , and Printed faithfully by the Originals . OXFORD , Printed by HENRY HALL Printer to the UNIVERSITY . 1645. THe Reader may take notice that these Letters are printed exactly according to the Authours Spelling , without the least alteration of VVord or Syllable : Most of them beare date at Edenburgh about the middle of March , and were superscribed to London , except that written by J. Meldrum in January to his friend in France , which therefore we place first ; the rest follow according to their severall dates , in this Order . viz. To the Earle of Lowdon from Mr Patrick Maule of His Majesties Bedchamber . To Mr Hebbe a Merchant at London , from Mr Mowet conceived to be one of their Advocates of the Sessions . To James Oswold from Ro. Kirkwood said to be one of the Writers to the Signet . To the Scots Commissioners at London from Archibald Johnston Lord Warriston . To the Earle of Lauderdale ' one of the Scots Commissioners at London , from the Earle of Lanerick brother to the Duke of Hammilton To the Scots Commissioners at London from the Marquis of Argyle Earle of Cassils , Lanericke , Lord Balmerinoth , and the rest of the Commissioners at Edenburgh . From Mistris Dorothy Spense ( without a Superscription . ) To the Earle of Somerset at London from J. Elphinston the Lord Balmerinoths sonne . From Master James Stuart a Merchant in Edenburgh to his Kinsman at London , To John Campbell a Merchant in London from John Wood a Stationer in Edenburgh . To the Earle of Lowdon from Master J. Meuar . LETTERS FROM THE MARquesse of Argyle , the Earle of Lanerick , Lord Waristone , and others now at Edenburgh , to their friends at London , &c. Sulsi● the 26 of Ianuary . 1645. Most loving freind , I Perceave in your last letter to me ye hav not resaved any from my hand ; indeed yee sall not wonder thairat , nor imput any neglect of dewtie to me , for I have not forgotten you nor never sall , but the evill tym I hav endured he s maed me almost forget my selfe and my Country both ; for sinc the Irishes cam amongs us ( which was in Iuly ) we never hav had peac or quietnes but in danger of our lives and estates ; as for my estate , I thanke God I have spent in this yeare more nor I can win in thrie yeir to cum , by quartering of troopers rigging out of seuldiers , horse and fut , tax and loan , tents and twanties , and victuall to the army , with my own personall service at all occasiones to the publicke , he s put me meer in debt nor ever I can get paied . The occurments of our Kingdome ar many but not guid , ther cam in in our West-Ills in July last about the number of tua thousant Irishes , under the conduct of Alex : clan Donald , alias Colmak●ittach , and within short tim the Marques of Montros joined with them , being cum out of Ingland secretlie , and raised many in our Hilands and all Atholl , and cam towards Sant Iohnstonn about the number of 4000 men , being the beginning of September , whom ane Sunday the fift , Strathern , Angus , with Perthshire , with 6000 met tham abowt Sant Iohnstonn , where for want of governament and commanders we wes put to flight , and the number of 800 killed and drowned in the water in the flying , and than entered the towne and plundered it . From thence they cam throw Angus , and gat many ajoint to tham as Arlie Kinowl , Spiney , with the Meister , & divers Barons : than to the Mearns , Marshall keipt Dunnotter his house : they crosed Die at the milnes of Drum , and cam to Aberdene , the shirif of Aberdene and Bamff being present at the tua mill crosse where Elchoes Regiment and the Townesmen , gaiff ane assault wpon the 13 of September , the wind being high and with tham , we was forced to retire to the losse of many of our men , the Towne of Aberdene losed sevin scor and ten and also many more , they staied three daies in the Towne . This is all I can shew you for the present . The Laird of Haltowne is dead of ane fever upon the 6 of Ianuar . Your loving Father in the Lord Iesus . J. Meldrum . To William Gray Preacher to Coll : Dowglas Regiment in France . Edenburgh March 8. 1645. My Lord , IT hath pleased my Lady to conclude the businesse betwixt my Lady Iane your daughter , and my sonne , so it wants nothing now to the finishing thereof but your aprobatione and blissing to it , and I pray the Lord with all my soull to blesse them , and make their happinesse according to their affections ; my opinion is , the privater that it is consummate it will be the better , wherein you may signify your pleasure and it will be obeyed , both the time , and your absence forth of the Kingdome requiring privacy . I thinke my occasions will force my comming to London this Summer , if there be any possibility of travailing either by sea or land : if you thinke at my being there if I procured liberty to goe and see the King , that I might say any thing to His Majesty that might be for the good of Himselfe and His Dominions , that you would be pleased to write thereof to the Marquis of Argyle , that I might speake with him therein : for unlesse there be some middles found to save the miserable distractions of this Kingdome , we and our posterity shall be but miserable at the best : for unlesse that God Almighty hath decreed the ruine of the King and His race , it is not to be doubted but He will prevaile in the end , though to the ruine of all His Kingdomes . I have many times spoken the Marquesse herein , for he gets much blame from His Majesty of the courses that this Kingdome takes , and I thinke gets not many thankes here for his paines , which is all I will say for the present , but that I shall ever remaine Your Lordships most humble servant . PATRICKE MAULE . For the Earle of Lowdon . Edenburgh March 12. 1645. Loving Brother , I Omitted Yesternights packet because I had this bearer Iohn Pringle , George Lesly's godsonne , before my hands . I remit likewise to his relation the estate of our present affaires , which are not as you could wish . These godlesse rebels since the routing of Argyles forces in Lothaber , did returne to Murray , and finding Innernesse fortified went not that way , but held them about Ferres and Elgin , and all the parts of that poore Country . And turning over Spey returned be Ennys and Bamff , and Yesterday we heard they were at Aberdene , using all the expedition possible to be at Angus and farther South before we be in readinesse . The Parliament before it rose , ( which was upon Saturday last ) made all the hast it could to provide for monies to our Army , which is making against these Rebels , for without present pay no souldier could be moved to advance . Colonell Vrrey was sent away hence upon Saturday last , to guard our troopes , we expect two Regiments presently from New-Castle , and as many are sent for from Ireland , but apparently these will come late . The perfidious Lord Gordon went into that wicked Band in Murray , and since the Earle of Seaforth . The Gordons and Graunts are risen and are with them . This is our present condition , which or it be long , must suffer ane change , or else we sall be made very miserable : the Lord assist us and grant us ane happy deliverance from such ane base cruell enemy : There hath beene ane great Fray neare Yorke lately at the releife of Pontfract Castle , which was reported here to have beene ane totall overthrow of Fairefax Armies : this bearer and others from New Castle will report the truth farre betternor I , who hath it scarcely at the third hand . Our Generall marcht from New-Castle ( as we heare ) towards Yorkeshire , upon the report of that overthrow , with 3000 fut and the most part of his horse , his sonne the Lord Balgonie is not like to live , it is in effect ane Consumption , proceeding , as is reported , from intemperancy . The Parliament is very slow in all their determinations . Lord be with you and grant us ane happy and peaceable meeting to his glory and our comfort . So I rest Your loving BrotherA . MOVV●T . For Master Heb Merchant , &c. Edenburgh this 12 of March . 1645. Iames Oswald , And loving freind , my love remembret . I wonder that I never hare from you since your departing from London to the Country concerning your Commission you left me about Charles Dickeson . For newes hear yester night certain word cam of Montrosse his arrivall at Aberdein , accompanied with the Earle of Seaffort being about 7000 men in all , not compting thoss he hes left behind him at Innernesse , our Parliament is risen and nothing expected heir bot miserie . Gen. Leslie is to march presently southward with his armie , onlie leaving a garrison at Newcastle . It is thought that Montros will be this night at Dundie , our Parliament hes ordered ane armie of 10000 men , bot they ar so slow in leviing , that God hes left us and som heavie judgement to light on us . Master William Rutherfoord and Crawfoord and all your freinds remember them to you . I rest Your affectionate . Ro. Kirkwood . For Iames Oswald , &c. Edenburgh March 13. Right Honourable , I Can adde little to what I did write by sea with our Ministers , and thereafter with the Post , there is a publicke Letter from the Committee about the ships , and another for favour or triall at New-Castle to the Delinquents that are sent up ; the Generall of Artillery hes prest it very hard , ye will make the best use of it as may not wrong this Kingdome in thair reputation and affection amongst the weall affected . I have gotten the answer to the Parliaments Letters , as also to Sir William Ermin's papers , drawne up very faire , which we shall , God willing , bring with us on Tuesday next . My Lord Craford and the rest of the Committee for the North goeth to Bailie this day and to morrow ; the enemy we beleive be with Seaforth his prisoner with his will now at Aberdene ; I am my selfe this day under physicke and so he s not attended the Committee . If Crafurd and Middletoun continue not in imployment thair , I wish them at home with our Armies ; Monroe will be dispatched hither to assist Garthland and Cowdon , whom we have sent to Ireland . Thus in hast resting For the Commissioners of the Kirk and Kingdome of Scotland . I feare M. Baitzee , and M. Gilespie , with Maistresse Murray , be driven over to Campheire in the water , that went from this Yesterday morning . Your Lordships reall servant ARCH : JOHNSTON . My Deare Lord , Edenburgh March 13. 1645. IT hath now pleased God to put an happy end to this Session of Parliament , after a solid course was taken , for maintaining our forces at home against our as yet prevailing Enemies & recalling such from England & Ireland as our Danger & Necessity forced us to ; which I hope will no waies be misunderstood where you are , seeing the onely way to make us usefull to our freinds , and considerable every where abroad , is to preserve our selves entire at home . The bad successe of the Treaty occasions a great confidence here in Malignants , of His Majesties powers and meanes of persuing actively the warre this ensuing summer ; and the new alterations in the Command of the Parliaments armies , give some grounds to honest men , ( who lookes at a distance upon their proceedings ) not onely to feare a great losse of time by these changes , and hazard of disobedience to their commands , but likewise more desperate and dangerous effects from an appearance of divisions in their Counsels . It is not long since you had the like feares of that amongst us here ; I confesse I cannot say there wants discontented persons amongst us , and those even of the honestest , but I am confident it can never heighten so as to occasion disaffection in any , to the great worke we are all sworne to ; for whatsoever particular mistakes there may be amongst persons , yet praised be God , there hath beene unanimity in our Counsels , which ( whatsoever your Lordship may heare to the contrary ) none shall more constantly endeavour to continue and preserve then my selfe , for as I shall answer to God I have no private or particular ends , nor doe I otherwise consider or looke upon my selfe , but as I may be usefull to the publicke , and I hope all amongst us have the same thoughts , if not these sifting times will soone seperate the Corne from the Chaffe . I pray the Lord blesse you in your imployment , and send us a happy meeting when he thinkes fit . Your Lordships faithfull and obliged servant LANERICK . For the Earle of Lauderdale . Postscript . My Lord , I am desired to recommend to you the desires of a Brother in Law of my wifes , one Sir Thomas Boyer , I hope your Lordship will not looke the lesse favourable upon him that he hath this interest in your servant . Edenburgh 13 March 1645. Right Honourable , Wee have several tymes heirtofore Represented to your Lordships the prejudices have ensued to this Kingdome throw the Parliament of Englands not sending of ships to attend our coasts as they are bound be Treatee . And now finding that there is not one ship on our coast toward Ireland ( Captaine Kerse being come in for fresh provision ) And being certainelie informed of great preparations of men and ammunition to come out of Ireland for supplee of the Rebells who now infest this Kingdome , and whose coming heere had beene interrupted , if the Parliament had performed what they are obl●idged to be the Treattie . We do seriouslie Recomend to your L●● care To deale effectuallie with the Parliament of England that besides Captaine Kerse Two other shipps of 20 peece of Ordinance a peece with two pinnaces be surthwith sent to attend on our West coast toward Ireland and our Isles . And that they be provided with six months provision . And some setled course tane be exchange or otherwayes , how they may be furnished of new within this Kingdome and not forced as formerly they have done for want of provision to leave the service . And that they be ordered to obey all such direction as sall be given to thame be the Marques of Argyle , Generall Major Monro , or any other having power from the Committee of Estats for that effect . Your Lordship sall also desire , that the Excyse of Merchandise that comes to Newcastle be not anticipat an London But that the same may be payed at Newcastle and employed for the use of the Armie , and the like for such merchandise as sall come to Sunderlaind and Hartlepoole , Wee rest Your Lorships assured freinds Argyle Yester Yougar Patrick Leslie Cassillis Lannericke Balcarres Tullibardine Balmerinoth Braighall Sir VVilliam Dicks . For the Commissioners of Scotland at London , &c 13 of March 1645. GOod freind having this sure bearer I could not omit but let you know how it is with me , I am blessed be God in health , and would be glad to heare the like of you , and hope ere long to heare of your arrivall here with the rest . You desire to heare newes , truly we can promise our selves nothing but miserie , for the enemy growes stronger , and our hands weaker , for God hath taken all courage from us ; and the ministers of God foresees great desolation , and still threatens the people , but still they continue a stuped unsencible people , and doe not see Gods hand in it . I thinke we must drinke of that cup which England hath begunne to us , and I feare we here must drinke the dreggs . My Lord Argyle is going out againe with new forces for he was defeated by the helpe of some of his owne me . So now I cease to write but never from being Your faithfull freind Dorothy Spense Edenburgh March 13. 1645. Loving Cussing , YOur last by the ordinar post I answrit by the samen , 10 Current ; wherein I sent you the list of the north committie , I haif nothing new to inlarge ; onely Montrose came to Aberdene with his rebels on Saturday the 8 of this , Bailie Iefrey came yesternicht who shewes that Nathaniell Gordun with a partie of horse fell on the baggage of Lothians regiment and hes taken it with Leiutenant Colonell Murray prisoner . The Earll of * Craford went over water this day for Pearth where Baillie staies ; It s like God hes a great contraversie with this Land , the judgement so growen by reason meanes ar not activelie followed , and yit no man will say its his default , nether haif we had successe since my Lard Chancelor went away , though I cannot attribute it to that onlie , yit I am confident matters would go a great deale better of his presentts , Generall Major Hurrie is gone the north and commands nixt to Baillie , thair is small appearance Baillies stiring , so t is like Montross sall once essay all our sitting . My humble service to my Lord Chancellour , Lady Warriston , &c. Your Cussing to power I. Steuart . From the Abbay the 14 of March . 1645. I Wrett to you befor that all your trunkes wes broken up , for ane blacke hart of my Lord Maitland's , and shortlie they have taken your hat caisse for my Lord Maitland's use ; I have no fewer newes to wrytt to you but that the bearer can aquent yow ; times lookes strangelye in Scotland , the enemy is very strong and daylie gatheres strength , by numberes that runes into him both greatt men and commones . And for anie thing that I can sie , Scotland shall drinke as deip in the cupp of the Lords wraith as either England or Irland . It hes pleased the Lord to stryke Scotland with twa rodes , and threatenes for with the thride , and yet there non that laies to heart ; never more grosse sining against God in Scotland nor at this same time . Now the Lord be with you . Your humble servant till death . John Wood . For Iohn Campbell &c. 14 March . 1645. My Lord , I Have so longe bein silent that any good newis from this cuntry I can shew your Lordship are not worthy of your Lordships paines , the parliament heere did close on Saturday 8 of this Month having farfaulte the Erles of Montros , Nithisdaill , Airlie , Lord Aboyne , Harrise , and Alexander Mackdonald who is appoynted Generall Major of his Majesties forces nnder the Marquis of Montrose , who now although a Marquis by His Majesties patent under his owne rashet not having passed the grit Seall is declared a traitor by the State , the Erles of Seafort & the Lord Gordon are latelie joyned to him , he hes bein at Elgin in Murray and hes rased divers gentlemens housis , the Lard of Brodies house he hes razed to the ground , and two other gentlemens housis . I have named this gentleman the rather because of his saythfull and approved service to his cuntry , the Lord Gordon hes likewise wasted all the Viscount of Freindret and the Lord Frasers boundis , all out deadlie fead that hes bein tuixt the Gordouis and the Lord Forbese and Fraser who are the two pryme men in these boundis . This is all I can say at this tyme for newis , wishing your Lordship all health and happinesse , I rest Your Lordships humble Servant I. Elphinston . For my much honoured Lord and Uncle the Earle of Sommerset at London . Newcastle 15 March 1645. Most honoured and my most noble Lord , I sent a letter by this poast on Wednesday last , I have heard of your Lordship in print since at the Common counsell at London , I know not how , but the Lord for a time hath departed frō us . In my last I spoke of your Lordships regiment which is claimed by Lumsden as his owne that you would signifie your minde to my Lord Generall his excellence . My poore opinion is that in these times your Lordship ought to be so farre from quitting of your regiment , that one of your Lordships Trust had rather need of ane army which may be cleare before you have the Kingdome in the posture wherein your Lordship left it , I say no more , but referre it to the bearer , The quicke dispatch with this bearer I hope will signifie your Lordships sense of the troubles at home , and the remembrance of Your Lordships most affectionate Minister I. Meuar . For the Earle of LOVVDON FINIS . Notes, typically marginal, from the original text Notes for div A25791e-690 * A new Earle of Craford of their owne making , the true Earle being for his loyalty prisoner in Edenburgh . 
A25793	----	The Marqvesse of Argyle, his speech concerning the King, the covenant, and peace or warre betweene both kingdomes also a letter to the Parliament of England from Mr. Marshall, some votes past in Scotland, and the particular parties which would engage against England, and who are against it. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A25793 of text R22803 in the English Short Title Catalog (Wing A3667). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 9 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A25793 Wing A3667 ESTC R22803 12061989 ocm 12061989 53264 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25793) Transcribed from: (Early English Books Online ; image set 53264) Images scanned from microfilm: (Early English books, 1641-1700 ; 49:15) The Marqvesse of Argyle, his speech concerning the King, the covenant, and peace or warre betweene both kingdomes also a letter to the Parliament of England from Mr. Marshall, some votes past in Scotland, and the particular parties which would engage against England, and who are against it. Argyll, Archibald Campbell, Marquis of, 1598-1661. Marshall, Mr. (J.) England and Wales. Parliament. [2], 6 p. Printed by Barnard Alsop, London : 1648. Letter signed: J.M. Reproduction of original in Thomason Collection, British Library. eng Great Britain -- History -- Civil War, 1642-1649. Scotland -- History -- Charles I, 1625-1649. A25793 R22803 (Wing A3667). civilwar no The Marquesse of Argyle his speech concerning the King, the Covenant, and peace or warre betweene both kingdomes. Also, a letter to the Parl Argyll, Archibald Campbell, Marquis of 1648 1404 2 0 0 0 0 0 14 C The rate of 14 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2003-04 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2003-06 Mona Logarbo Sampled and proofread 2003-06 Mona Logarbo Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion THE MARQVESSE OF ARGYLE HIS SPEECH CONCERNING The King , the Covenant , and Peace or Warre betweene both Kingdomes . ALSO , A Letter to the Parliament of England , from Mr. Marshall . Some Votes past in Scotland , and the particular parties which would engage against England , and who are against it London , Printed by Barnard Alsop , 1648. THE MARQUESSE OF ARGYLES SPEECH . CONCERNING . The KING , the Covenant , and the present state of both Kingdomes . My Lords and Gentlemen . THe worke of Reformation in these Kingdomes , is so great a worke , as no age nor history can parallel since Christs dayes , for no one Nation had ever such a Reformation set forth unto them , much lesse three Kingdomes , so that this Generation may truly think themselves happy , if they can be instrumentall in it . And as the work is very great , so it cannot be expected , but it must have great and powerful enimies ; not only flesh and blood which hate to be reformed , but likewise principalities and powers , the Rulers of the darknesse in this world and spiritual wickednesses in high places . As the dangers are great we must looke the better to our duties , and the best way to perform these , is to keep us by the rules which are to be found in our Nationall Covenant , principally the word of God , and in its owne place , the example of the best reformed Churches ; And in our way wee must beware of some Rockes , which are temptations both upon the right and left hand , so that we must hold the middle path . Vpon the one part , we would take heed , not to settle lawlésse liberty in Religion , whereby , instead of Vniformity , we should set up a thousand Heresies and Shismes which is directly contrary to our Covenant . Vpon the other part , we are to looke that we persecute not piety & peaceable men , who cannot through scruple of Conscience , come up in all things to the common Rule ; but that they may have such a forbearance as may be according to the Word of God , may consist with the covenant , and not be d●structive to the Rule it self , nor to the Peace of the Church and Kingdome , wherein I will insist no further either to insist your Lordships patience or judgements , who I doubt not will be very careful to do every thing according to our covenant . As to the other point , concerning the peace and union of the Kingdoms , I know it is that which all professe they desire , I hope it is that all do aym at ; sure I am , it is that which all men doe study and endeavor , and I thinke it not amisse to remember your Lordships of some former experiences , as an argument to move us to be wise for the future . If the Kingdom of England in the 1640. yeere of God , then sitting in Parliament , had concured , as they were desired against the Kingdom of Scotland , no question wee had been brought to many difficulties which blessed be God , was by the wisdome of the , Honourable House apreuedted : so likewise when this Kingdom was in difficulties , if the Kingdom of Scotland had not willingly , yea cherfully sacrificed their peace to concur with this Kingdom , your Lordships all know what might have bin the danger . Therefore , let us hold fast that union which is so happily established betwixt us , and let nothing make us again two , who are so many wayes one , all of one Language , in one Island , all under one King , one in-Religlon , yea one in Covenant ; so that in effect wee differ in nothing but in the Name , as Brethren doe , which I wish were also removed , that we might bee altogether one , if the two Kingdoms shal thinke fit ; for I dare say hot the greatest Kingdom on the earth can prejudice both so much , as one of them may doe the other . I wil forbear at this time to speak of the many jelousies I hear are suggested , for as I do not love them so I delight not to mention them , onely one I cannot forbear to speak of , as if the Kingdom of Scotland , were too much affected with the Kings interest . I wil not deny but the Kingdom of Scotland , by reason of the Raign of many Kings his Progenitors over them , hath a natural affection to his Majesty , whereby they wish he may be rather reformed then ruined , yet experience may tell , their personal regard to him has never made them to forget that common rule , The safety of the People is the supream Law . So likewise their love to Monarchy makes them very desirous that it may be rather regulated then destroyed , which I hope need not to mention further to your Lordships , who I trust are of the same mind . A Letter from a Gentleman from Edinburgh to his friend at London . SIR , THe convention of the estates of Scotland are breaking up and the Parliament meet on Thursday next , the house is like to be full the first day , and great are the expectations of the people on all sides , and the rather because so little as yet is knowne concerning the buisinesse which the English Commissioners come about which is wholly referred to the Parliament , to whom their papers are directed , many bills are prepared in a readinesse to be passed when the Parliament is convened , the Marquesse of Argyle ( with whom David Generall De●●●●y also cideth ) and a great part of the Clergie and honest peaceable Presbyterians joyned in a Declaration , that they disclaime to adhere to or associate themselves with Malignants and disaffected persons in making any warre against England , to these there is a great party which would have had some respect to tender Consciences yet it is reported here by Malignants of which there are store that they shal have another day and that the King shall be brought again , &c. These are likewise the hopes of the Remainder of those which the Mar. of Huntly commanded formerly , by which wee may perceive that for the present the division is great amongst these , so is it in their Army ; some are for Episcopacy , and setting up the King in as great power as ever he had heretofore ; others say , then to what purpose have we hazarded our lives , and entred into Covenant , &c. Thus are we as men in a maze what will become of these things ; especially , seeing some of our Commissioners slighted , even by those which most favour their Cause , but the rest have now very good reception , and are well accommodated . Vpon the large Report of the Scots Commissioners which were in England , wherein some of them wanted not words to make good their actions at London , and laying open the proceedings of the Parliament to their best advantage , the Convention of Estates voted their approbation thereof : yet when the Declaration and Papers on the other side , come to receive a debate in a full House of Parliament , where its like all things will be well pondered and laid in an equall ballance , it may happily prove otherwise ; at which the Hamiltonians , and all those which are now puft up with hopes of division , would with shame hang down their heads . Mr. Marshall hath sent a Letter to the Parliament of England , to desire leave to returne again to London , which is all for the present from . Your humble servant , J. M. Imprimatur , G. Mabbot . FINIS . 
A25798	----	A true copy of a speech delivered in the Parliament in Scotland, by the Earle of Argile concerning the government of the church : together with the Kings going to Parliament August 19, 1641. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A25798 of text R7455 in the English Short Title Catalog (Wing A3672). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A25798 Wing A3672 ESTC R7455 12325601 ocm 12325601 59542 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A25798) Transcribed from: (Early English Books Online ; image set 59542) Images scanned from microfilm: (Early English books, 1641-1700 ; 932:10) A true copy of a speech delivered in the Parliament in Scotland, by the Earle of Argile concerning the government of the church : together with the Kings going to Parliament August 19, 1641. Argyll, Archibald Campbell, Marquis of, 1598-1661. [2], 6 p. [s.n.], London : 1641. Reproduction of original in Huntington Library. eng Church of Scotland -- Government. Scotland. -- Parliament. Church and state -- Scotland -- Early works to 1800. A25798 R7455 (Wing A3672). civilwar no A true copy of a speech delivered in the Parliament in Scotland, by the Earle of Argile, concerning the government of the Church. Together w Argyll, Archibald Campbell, Marquis of 1641 764 1 0 0 0 0 0 13 C The rate of 13 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2003-04 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2003-06 John Latta Sampled and proofread 2003-06 John Latta Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion A true Copy of a Speech delivered in the Parliament in Scotland , by the Earle of Argile , concerning the Government of the Church . Together with the Kings going to Parliament August 19. 1641. London , printed . 164● . THE EARLE OF ARGILE His Speech to the PARLIAMENT IN SCOTLAND . GEntlemen , and you the Burgesses of the House of COMMONS ; I am commanded by the Lords to let you know , that they have taken serious deliberation of the Propositions made by you the other day at a Conference concerning the Church-government in this Kingdom . First , I am commanded to put you in minde what have passed already upon this Occasion before in the maintenance of the Church-government of this Kingdom , wherein the House of Commons have shewed such great affections to the good of the Church and of the State therein for the maintenance of it . First , that the Church-government in both Kingdomes , is that which were so be vvished , but no alteration or innovation msust be of that vvhich is setled by the Lavves of each Kingdom , and enacted by them . Secondly , that the Government of the Church of England is setled and established by the Lawes and Statutes of the Kingdom to the uniting of a brotherly love and Government in both Kingdomes under his Majesties Dominion . Secondly , I am commanded to let you know their Lordships pleasure in this , or in any thing else that may conduce to the honour of Almighty God , the service of our King , and the good of our Kingdom , and will be very ready to give such assistance as you shall propound , or upon debate with them , thinke fit to advance the worke you were pleased to deliver unto them . And finding also that there have been , and having great cause to suspect that there still are , even during this present sitting in Parliament , endeavours to subvert the fundamentall Lawes of this Kingdom and of England , whereby they may introduce the exercise of a tyrannicall Government by most pernicious and wicked Counsels , Plots , and Conspiracies , that hath been taught against this Kingdom , and the Kingdom of England , with divers innovations and superstitions , that have been brought into this Church , multitudes driven out of his Majesties Dominions , with the great suppressing of them by the Bishops and their tyrannicall Government over the Church , and the good religious Ministers therein . And therefore because the Government of the Church doth remain as properly to proceed from you , as from us , therefore if you shall thinke fit that any thing else shall be propounded by you , that may be effected for the Government of the Church and Kingdom , or if you do not propound , their Lordships will then let you know their Propositions ; if you be not now provided to confer about it , we shall when you please debate the same , and give you such reasons for it , as you shall thinke fit of , to the honour and praise of God , and the good of our King and Kingdom . FINIS . The Kings arrivall in Edinborough , with the manner of his going to Parliament . THere was one appointed to go before him to make room , for the multitude came in throngs to see his Majestie , all crying , as he passed by them , in their owne language , God save King Charles , God save our King . Next to him which made room came our King , my Lord Humes going on his right hand , and my Lord of Argile on his left hand , the rest of the Nobility , and those which were of the Parliament-House , followed according to their degrees , but much ado they had to go to the House , the desire of the People was so great to see their Soveraigne . When they were come to the Parliament House , there stood a Noble-mans Son , who as yet goes to school , and saluted his Majesty with a Latine Oration , which he took most graciously , and thanked them all for their kindnesse , and good-will ; then they entered into the Parliament-House , and when they were seated , the Earle of Argile made a Speech unto him . 
A26602	----	The commonwealth of England having used all means of tendernesse and affection towards the people of this nation, by receiving them (after a chargeable and bloody war) into union with England ... Albemarle, George Monck, Duke of, 1608-1670. This text is an enriched version of the TCP digital transcription A26602 of text R33064 in the English Short Title Catalog (Wing A841). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A26602 Wing A841 ESTC R33064 12881666 ocm 12881666 94948 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A26602) Transcribed from: (Early English Books Online ; image set 94948) Images scanned from microfilm: (Early English books, 1641-1700 ; 1517:8) The commonwealth of England having used all means of tendernesse and affection towards the people of this nation, by receiving them (after a chargeable and bloody war) into union with England ... Albemarle, George Monck, Duke of, 1608-1670. 1 broadside. s.n., [Leith : 1654] Title from first two lines of the text. At head of title: By the commander in chief of all the forces in Scotland. "Given under my hand at Dalkeith, this 4. day of May, 1654. George Monck." Place and date of publication suggested by Wing. Reproduction of original in the Bodleian Library. eng Scotland -- History -- 1649-1660. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. A26602 R33064 (Wing A841). civilwar no The commonwealth of England having used all means of tendernesse and affection towards the people of this nation, by receiving them (after a Albemarle, George Monck, Duke of 1654 1182 1 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2006-02 TCP Assigned for keying and markup 2006-02 Aptara Keyed and coded from ProQuest page images 2006-03 Mona Logarbo Sampled and proofread 2006-03 Mona Logarbo Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion BY THE COMMANDER IN CHIEF Of all the FORCES in SCOTLAND . THe Commonwealth of England having used all means of tendernesse and affection towards the People of this Nation , by receiving them ( after a chargeable and bloody War ) into Union with England , and investing them with all the Liberties and Priviledges thereof ( purchased at the Expence of so much Blood and Treasure ) and by daily protecting them with their Army and Navy , at a great charge ( of which this Nation under-goeth no more than their equall proportion with England ) against their Enemies both abroad and at home , whereby all of them might enjoy the fruits and benefits of Peace ; Yet diverse lewd persons , broken in their fortunes , and dissolute in their Lives , are run into Rebellion , who being assisted and connived at by their Parents , Brethren , Tuitors , Masters , and People among whom they live , who secretly conceal them in their houses in the day time , and in the night suffer them to rob and plunder the Countrey , whereby the Peaceable People of this Nation are many of them ruined , and the rest disturbed , so that they cannot live in Peace . And to the end that no Peaceable means might be left unattempted , for the prevention thereof , I , by vertue of the Authority to me given by His Highnesse and His Council , do Declare , That all such Persons that are now in Rebellion , ( except such as are excepted in the Acts of Grace ) who shall within twenty dayes after the Publication hereof , come in , and submit him or themselves , to the Governor of the next English Garrison , and give good security for his or their future Peaceable living , shall be , and is hereby in his and their persons , freely pardoned , for any Offence , Spoil or Plunders committed by him or them in this present Rebell on , ( the killing of any person in cold blood onely excepted . ) And I do Declare , That if any Parents , Brethren , or Tuitors , who have assisted or connived at any their sons , Brothers , or Pupils , now in Rebellion , as aforesaid , shall within twenty dayes after Publication hereof , cause their said Sons , Brothers , or Pupils , to render themselves , and give security , as aforesaid , That then the said Parents , Brethren and Tuitors , who have so offended , are hereby freely pardoned ; But if otherwise , then the said Parents , Brethren , and Tuitors , who have so offended , shall be imprisoned during the time the said Persons do remain in Rebellion . And in regard diverse Persons who are now in ●ebellion , and who have lived remote from their friends , but could not probably break out into Rebellion , without the knowledge or consent of some of the Inhabitants of that Parish or Presbytery where he or they last lived , before their breaking forth ; I do therefore hereby Declare ; That if the said Parish or Presbytery where he or they last lived , procure the said person or persons so broken forth , to render him or themselves , within twenty dayes after Publication hereof , and give security , as aforesaid , That then the said Parish or Presbytery so offending , is hereby pardoned ; But if otherwise , I do hereby impose upon the said Parish and Presbytery , Two shillings six pence a-day for each Horse-man , and Ten pence a-day for each Foot-man , so broken into Rebellion , over and above their Ordinary Sess , out of the said Parish or Presbytery , which the Governor of the next English Garrison is hereby authorized to levie and receive monthly , during the time the said persons shall so continue in Rebellion . And I do likewise hereby impower all the good People of this Nation , to apprehend all such person and persons as are , or hereafter shall break out into Rebellion , or attempt so to do , and safely to deliver him or them to the Governor of the next English Garrison ; and in case of resistance , to take such Weapons as they can get , and to fight the said person or persons ; and if they shall kill any of the said persons so resisting , they shall not be questioned for the same , but ( on the contrary ) shall receive as a reward of their good service , all such Moneys , Goods , Horses , and Cloaths , as the said Rebellious Persons are then possessed of , besides full satisfaction for their pains and travell therein . And in regard this present Rebellion hath been principally contrived , fomented , and is now obstinatly maintained by Major Generall Middleton , the Earl of Athol , the Earl of Seaforth , Viscount Kenmure , and Major Generall Dayell ; I do hereby therefore Declare , That what person or persons soever of this Nation , ( except such as are before excepted ) shall kill any of the said principall Contrivers , or shall deliver any of them prisoner , to any Governor of any English Garrison , the said person or persons so killing , or bringing prisoner , as aforesaid , shall not only be pardoned for any thing he or they have acted in this late Rebellion , but also shall receive as a Reward of his good service , the sum of Two hundred pounds sterling for every person so kill'd or brought prisoner , as aforesaid . And lastly , for the encouragement of all Peaceable and well-affected People , both English and Scots , I do also hereby Declare , That what damage shall be done to their Persons , Goods or Geer , for their good affection to the Publick , the same shall be again repaired out of the Estates of such as have done the damage , or out of the Estates of the Friends and harbourers of such wrong-doers , or out of the Parish , Presbytery , or Shire where the wrong is done , in case they do not apprehend the said Offendors , or give the English Forces such timely notice thereof , that the said Offendors may be apprehended by them . And I do hereby require all Provosts , Bailiffs , and Chief Officers of Head-Burghs , in their severall Burghs , to cause these presents to be duly Published and Posted up , according to the usuall form , and to certifie their doings therein to me , in writing , under his or their hands . Given under my Hand at Dalkeith , this 4. day of May , 1654. GEORGE MONCK . 
A26677	----	Allegiance and prerogative considered in a letter from a gentleman in the country to his friend, upon his being chosen a member of the meeting of states in Scotland. Gentleman in the country. 1689 Approx. 37 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A26677 Wing A955 ESTC R11003 11994573 ocm 11994573 52071 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A26677) Transcribed from: (Early English Books Online ; image set 52071) Images scanned from microfilm: (Early English books, 1641-1700 ; 47:26) Allegiance and prerogative considered in a letter from a gentleman in the country to his friend, upon his being chosen a member of the meeting of states in Scotland. Gentleman in the country. 17 p. s.n.], [Edinburgh? : 1689. Place of publication from Wing. Reproduction of original in British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Allegiance -- England. Prerogative, Royal. Scotland -- History -- 1689-1745. Great Britain -- History -- William and Mary, 1689-1702. 2007-01 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2007-03 Mona Logarbo Sampled and proofread 2007-03 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ALLEGIANCE AND PREROGATIVE Considered in a Letter from a GENTLEMAN In the Country to his FRIEND Upon his being Chosen a MEMBER of the Meeting of STATES IN SCOTLAND . Printed in the Year MDCLXXXIX . ALLEGIANCE AND PREROGATIVE Considered in a Letter from a GENTLEMAN In the Country to his FRIEND Upon his being Chosen a MEMBER of the Meeting of STATES IN SCOTLAND . SIR , I Received Yours , wherein you tell me you are chosen a Me●ber of the Ensueing Meeting of the States of this Kingdo● ▪ You desire my Opinion , What should be their behaviour towards K. James the 7th . how far we are now tyed by our Allegiance , what Limits ought to beset to the Prerogative , &c. Which you say are at present , the great Subjects of Discourse . I doubt not , since these things are so much talk't of by every Body , and the Itch of Writing is so Universal , but you will see several things on these Heads from much Abler Pens : And from such who not only are better qualified for the undertaking , but also by hearing and perhaps , ( being personally present , ) by seeing the practices and methods of England in the same case , are better furnished with helps for the performance ; So that any thing I can say to you will be superfluous . Yet in obedience to your desire , and to testify my sincere and unbiassed Affection to the good of my Country , and withall to convince you , that it is not from any fond Principle of Bigotted Loyalty , nor from a stupid unconcern'dness in the great Concerns of the Nation , that I decline coming to Town at this time , when as you say , it is expected that the greatest part of the Gentry will be present during this Assembly of the States : I shall freely give you my rude thoughts of what appears to me , to be the proper Work and necessary duty of this Meeting , in the present extraordinary Conjuncture , and leave it to you to make what use thereof you shall think fit . As to the first point you mention , tho you know I am neither Divine nor Casuist , yet I must say that I think 't is very evident to any thinking man , That Heaven it self has very fully loos'd the Nation from their Allegiance , and by remarkable providences granted a clear Dispensation from their Oaths to K. James the 7th . We need not dispute what was the genuine sense of these Oaths , whether they allow'd this implicite Reservation , That if the King should subvert the Foundations of our Government , Our Laws , Religion , Liberties and Properties ; The People should in that case be free , to assert and assume their Native Rights : Neither need we enter upon the Invidious task of Examining how farr the King advanced in these unjust Practices and Designs . Heaven it self , I say , seems most convincingly to have superseeded all such Debates and Enquiries , and to have laid it upon this Meeting of the States to settle and establish just and solid Foundations for the Government of the Nation in all time coming . 'T is acknowledged by all Christians , that no Oath can bind , when either their Superveens a Physical Impossibility of performing it ; Or when the performance becomes morally unlawful . And every considering Man must acknowledge that Providence hath cast both these Impediments in the way of this Assembly , to divert them from their Allegiance to K. James . For now England has Dethron'd him , and their Action is applauded , ( as proceeding upon just and valid grounds , most of which are common to us with them ) by the greatest part of this Nation ; So that it is obvious to every one , that it would be Impossible for this Assembly of our States to maintain and support him , in the exercise of his Royal Dignity here , against the unquestionable Attempts , that we must expect Englands Jealousies of such an irritated Neighbour , would provoke them to set about for his overthrow . And these Attempts could not miss of Success , having , as unquestionably , a great , If not the far greatest part of this Nation for their Abettors . Thus what a Scene of Blood , War and Confusion should these Nations become ? And what a feeble distracted Government might we expect in such Circumstances ? But if any shall plead that there 's no Physical Impossibility in the case , and that the Histories of past Ages teach us , that this Nation , when unanimous in their Allegiance may maintain their King against all the Efforts of England ; Especially since we may now expect more Assistance then ever from our old Allies the French. Yet this at least , I am sure , every Protestant must consess is moral●y unlawfull for him to concur in ; Since such a Conjunction were utterly inconsistent with his indispensible Moral Duty of preserving , or at least doing nothing that evidently tends to the ruine of the true Reformed Religion . Now any man that is capable of the least serious Reflection upon the present state of Affairs , must plainly see that the Interest of His present Majesty of England and his party , are so intervoven with that of the Reformed Religion , that the one cannot suffer loss or overthrow without the notable dammage or apparent ruine of the other , not only in this Island , but all Christendom over . He must also see no less clearly , that it were a meer dream to imagine it possible to support and preserve K. James in his power here , without wronging the K. of England and his Interest . For to be sure , either of them would imploy his whole Art and might for the others ruine ; Such different Interests ( beside the particular quarrels of the late Revolution ) being now altogether incompatible in this Island . Neither is it to be thought that K. James would value this Crown further then that he might thereby be enabled to recover that of England Thus 't is plain that we can never fancy to preferve K. James's power here , without resolving to assist and second him in his attempts ; to the great prejudice , if not the Total Ruine ( so far as men are able ) of the Reformed Religion over all Europe . But I am perswaded no Protestant of Common Sense , can ever think his Allegiance will warrant or in the least Justify him in any such practice . For whatever has been said to Evince that Allegiance did bind Subjects to Passive Obedience , tho secrued to the highest pitch : Yet none was ever so impudent as to assert that it oblidg'd them to an Active concurrence with their King , in methods directly tending to the Suppression or Extirpation of the true Religion . Here Christians of all Perswasions will own . That it is better to obey God then Man. Wherefore it being thus Irrefragably evident that God in his wise Over Ruling Providence , has ordered things so , that it is both Impossible for this Meeting of the States to preserve the Crown to K. James , or at least not to be undertaken without exposing this Nation to all the lamentable evils , that a weak , unlettled Government , constant Warrs and confusions can bring upon it ; And that it is also unlawful for us Protestants , to aim at it ; since he cannot now be Re established but upon the Ruines of the whole Reformed Interest in Christendom ; Let all therefore awfully observe the hand of GOD ; and chearfully submit to his will , and without attempting to strugle against Heaven , leave K. James to the disposal of Providence . Let every Man in his Station contribute , what in him lyes , to re●reive our Religion and Laws from the grievous abuses they have suffered , and to secure them to us and our Posterity ; from the like hereafter , and from falling under the fatal Dangers from which GOD has been pleased so signally to rescue them : Neither let this Assembly of Estates look back , as if they were under any tye to withhold them from advancing vigorously , in setling the Government of this Nation , now under Anarchy , a State in which it cannot subsist . Nor let any thoughts of the Right of Succession stop their procedure , For besides that there can be no Heir to a living Man ; the former Arguments are as part against the Prince of Wales , true or Supposititious as against King James the 7. But now when God has so wonderfully put this opportunity in their hands , let them be as honest and upright hearted Patriots , set themselves seriously to consider , what is fit to be done , for settling a Government in this Nation upon just and solid Foundations ; whereby the true Religion and publick Peace may be established and secured , the just property and Liberties of the Subject clearly asserted , and the high-stretched Prerogative of the Crown brought to an equal frame . I am perswaded , that as it is the Genius , so it is the Interest of this Nation to have a Monarchy still established , for any other Form must unavoidably evert the whole bulk of our Laws and Customs , which might be of fatal Consequence : Nor could any other Model be long liv'd here considering the natural bent of Scotsmen to this . Besides since experience has discovered to us the worst diseases , that can attend Monarchy , I think if we be wise , we may now apply such Remedies , as may secure us , for the future , against them ; And so we may be safer under it , then any other kind of Government , the inconvenieneies whereof ( in this Nation at least ) we can only discover by a tract of time . As to the choice of a Monarch , I think the best method is , to follow the example England has set us . For besides the just and solid Reasons that determined their choice , which are all as pregnant and applicable to us ; We have further this cogent Reason , that England having already declared the Prince of Orange their King , out of a due sense of the Great Deliverance he has been Instrumental in working for them ; We must do the same , unless we will declare our selves the most ingrate of Mankind , since we are delivered from a far greater Bondage then ever England felt : And unless we will resolve to break with England and their King , which how fatal it might soon prove , every Body can see , more then is fit for the Honour of this Nation to express . This I shall only say , that it were certainly very unkind to the Reformed Religion , to divert , and weaken by such a breach , the K. of Englands hands , who is now , under GOD , the chief support of it . But seeing the Fondness of this Nation , for the Restoration of K. Charles the Second , did hurry them from one extream to another ; from having abandoned the King and Royal Family , to give too much ; and lay the Foundations of an unbounded Prerogative ; upon which an Aspiring Court ( designing to Copy after the Perfidous Cruel H●ctor of Europe ) finding still unhappily amongst this poor , Proud ; Self seeking People , fit Tools for their service ; have rear'd up an Uncontrolable , Despotick , Absolute Power in the King ; and that by repeated Laws , but more by a constant Series of Arbitrary practices ; Whereby they have brought us into Absolute Bondage , and laid a Yoke upon us that neither we nor our Fathers were able to bear . It therefore nearly concerns and highly becomes the Wisdom of the States of the Kingdom ; Yea it is their Duty to the Nation , whom they Represent , and what they owe to their posterity in After-Ages ; before they give the Crown out of their hands , to smooth and purge it of every thing that may be hard and grievous to the People ; And to leave it only Adorned , with such Jewels , as can only be firm and shining , when by Justice and Mercy they attract the Peoples hearts ; but will prove brittle and dim when put to gall their Necks . I would therefore humbly offer to the Consideration of this Ensueing Meeting , some things , that to me seem necessary and incumbent for them to do , for retrieving this Nation from the intollerable Thraldom we have been brought under ; And for vindicating and asserting the Peoples Just Right and Freedom , without robbing the Crown of any Jewel , that 's fit for the Hononr of a King , who is to Rule by Law ; Or without diminishing any part of the Kingly Power , that is necessary for enabling out Kings , to perform the great duties of their High Charge . Let our Kings be Vested with Power to be Nursing Fathers to the Church , to be Patres Patriae , vigorous Asterters and Defenders of the Honour and Well of the Nation , against Attempts from Abroad , or Seditions at Home ; Let them have Power to be Terrors to Evil doers , and Encouragers of these that do Well ; Let them have Power to preserve to all their Subjects , their Respective Properties and Liberties from all Insolence and Injustice ; to see all our Laws vigorously , Executed and all Transgressors impartially punished . These are the only true Jewels of the Crown , and every beyond this , that 's fixed to it ought to be cleansed and wiped off , as noisom dust and rust , that will throughly corrupt it . It is then the unquestiouable Duty of this Meeting of the States , to cut off from the Crown , all such Excressences as are useless to a Just King , and to our sad experience , are Pernicious and of most dangerous consequence to the People . First , Then , it has been often Asserted and maintained , That the King derives his Crown and Dignity immediately from GOD , that the People do not , nor cannot give any Right or Title to it ; That all power and Authority is Originally and Eminently Inherent in the Crown , and that therefore the Parliament can give no Prerogative to the King. This has been long Currant Coyn at Court , and amongst Court parasites , and of late has had the boldness to appear Bare-fac'd in our Parliaments , where it seems to have given rise to yea dictated some of our Acts about the prerogative . But it is obvious , that this is a Mother Evil , and may be broody of all the mischiefs that can be dreaded from Arbitrary Power or Tyranny ; For if this Maxime hold good , what security for our Religion , Laws , Property , or any thing that 's dear to Free men or Christians ? Sure none , but the Princes pleasure . Why then should we complain of the late Court stile , which makes the Prerogative Royal , and a Supreme Absolute Power to be obeyed without Reserve , to signifie the same thing ! Me thinks the Stile is very Just and Congtuous and goes very well on the Foot of this Maxime . Wherefore , as we would deliver our selves and our Posterity from the evident hazard of Absolute Slavery , this Pernicious Principle must be Absolutely Eradicated . It will be fit the States seriously revise all our Acts about the Prerogative , & where-ever any thing is found to look this way , it must either be explained to a harmless meaning , or if it will not bear a Tolerable sense , it must be cancelled ; For a little Leven may soure the whole Lump . It will also be necessary , that the Asserting of this Principle by Word or Writ , be declared an High-Crime , against the very nature and Constitution of our Government , punishable as Treason and unpardonable ▪ It has taken deep root , and will need a severe steady hand over it , to keep it from springing up again in its season , from which God deliver us . 2. The late assumed Prerngative of disabling , Suspending or Dispensing with standing Laws , must be declared Illegal , and against the Constitution of a free Nation . I need not insist to lay open the mischief of such a power ; all the World sees it , and even some of those who asserted it , now cry shame on 't , 't is so palpably a Gangrene that might overspread , eat out or enervate all the strength and Life of our whole Laws . I shall only say , it will be fit to declare that all Judges or others , to whom the Execution of the Law is committed , shall upon their highest Peril be obliged , to put the Laws of the Nation to due Execution , notwithstanding of any Command , Mandate , or Dispensation they may get to the contrary , from any person or persons whatsoever . 3. I humbly conceive it will be much the Nations advantage , if the Power of Pardoning be restrained , as to Assertors or Propagators of any Principles against the Freedom of the Nation and Parliaments , in favour of any pretended Prerogative . As also , as to all Judges , Officers or Ministers of State and others having the King's Commission , for Malversing in their respective Offices . Because if ever it be the ill-fate of this Nation , to come under a Designing and Aspiring Prince , so long as he has the Power of Pardoning such , he will never want Instruments to set up and establish his Prerogative as high as ever : Neither will he want Judges and others , who will palpably pervert Justice , wrest and trample on our Laws and Freedom , and with all their Might Sacrifice them and us to his Ambition , or other ill Designs . And I appeal to every Man , that will make but any Reflection on our late Government , if he is not convinc'd , that many who serv'd it , durst never have made such steps as they did , if they had not rested secure on that Pillow ; That however Criminal they became , by such measures , They being for the Kings service , could get his Remission on demand ; Since there is , and will ever be a perverse Crew of ill men , whom neither Honour nor Conscience can bind , to be Faithful and Just to their Country ; but who still upon any hopes of Impunity , will be . Animated to say and do all the mischief they can , when 't is accep●able to the Princc . Let the Terror of severe Laws be set before them , to Over-awe them and strip them of all hopes of Impunity by a Princes Favour . Such a Limitation will not be uneasie , to a just and good Prince , and is Absolutely necessary for our safety under an ill one . 4. It must be declared illegal , and not in the Kings power , to constitute any Judge or Judicature , Ecclesiastick , Civil or Criminal , except such as are Authorized by the Laws of the Nation . As also that it is Illegal for the King to give wa●rand to any Judge to proceed otherwise in Judgement , then by the Forms and Rules ; the Law and Practice of the Kingdom has set , for the several Judicatures and Cases therein cognoscible , and that all who accept and proceed , conform to any such commissions or Warrands shall be severely punished . The experience of the Grievous oppressions the Western , Southern , and some other shires of this Kingdom , have suffered , and the much Blood that hath been shed in them very summarly ( to say no worse ) by vertue of such Commissions and Proceedings , will I am confident Evince the necessity of this . For certainly so long as such a power is left to the Crown no Man or Partie can reckon themselves secure of their Liberties or Estates , no not of their very Lives longer , then they escape being Obnoxious to the Court , for then packt Judges and Arbitrary Forms and Rules of proceeding , may make sharp Work , and havock enough , I confess I have often been surprised to see several Sober and Rational men satisfied with , and Applaud such methods when used against these , they wished to see undone . For being blinded with a Passion to have such a party Ruined , they did not consider that if the Cannon were turned a●ainst themselves , they might soon find the fatal Effects of such methods , and be thereby summarly exposed to some severe punishment in their Bodies or Goods , or perhaps both without hopes of Reddress . So it is every Man's Interest that every Subject have a Fair and Legal Tryal , and that all his concerns be Judged by the ordinary Judges ; and conform to the known Laws and Practice of the Realm . And that any such power be quite exploded , for which there can be no pretence , unless you will grant the King a Prerogative above all Laws . Perhaps it will be alledged that such Commissions have been very useful in our High-Lands and Borders , and that it is impossible to bring the Theeves there to condign punishment , or prevent their ruining these Countries , unless it be allowed that they be Judged without the Ordinary Rules and Forms of Law. I humbly think it may be worth the serious consideration of our first Parliament to give their special Orders and Instructions for this case . But by no means , on this account , ought the least twigg of any such Transcendant Power above the Laws be left to the King. For if it should be allowed , That the King by an Inherent power in the Crown may by his Commission warrand the Judging of Theeves , without observing the Ordinary Law in the Nation : Why may he not , by the same Inberent power ? give such Commissions for trying all alledged Guilty of every kind of Treason , or other Crimes and Transgressions of any Penal Laws ? Then , pray , what security has any Subject of a Legal Tryal for any guilt he ma● be charged with ? Or what availeth the Laws and Judicatures established for the safety of the Innocent , as well as the Punishment of the Guilty . 5. It will be fit it be declared ; That all the Ministers of State , Lords of Session and Justiciary , and other Inferiour Judges , who receive their Commissions from the King , shall always get them , ad Vitam aut Culpam : and not Durante Beneplacito . For when Men hold these places at pleasure , it is certainly a great temptation to them who are not of a very firm Honesty , to comply with any Designs of the Court , and humours of the present chief Favourites . And when an honest Man stands his ground , and refuses such a Servile Complyance against his Honour and Conscience , Then ( as we have seen ) he is presently to be turned out and some plyable Tool ( that will receive any Impressions from these hands ) put in his place ; and so our Judicatures , filled with Men who will give themselves up to a blind Obedience to the Dictates from Court. And what Justice can the Nation expect from such Judges ? I do not say , the abolishing Commissions Durante Beneplacito will ascertain us of Just Judges : But , to be sure , it will free them , whom we shall have , from many Temptations to be unjust , and secure to us more firmly these that are just and honest : So it is well worth the while . There is one thing I cannot pass about our Judges , tho it be not hujus loci . I think it would be much our interest to have Crimen Ambitus in force amongst us ; as to Session and Justiciarie especially . Many wise People have thought that a Man's sueing and Soliciting for such Offices , was a just Ground to make him Suspected , as unworthy of the Trust . This is certain , if such Methods were strictly discharged and every one , at his admission to these Offices , oblidged to purge himself of them ; we might justly expect , they should go more by Merit , then they can do while men are allowed to Brigue and Intrigue for them . For commonly Cunning and False Men are most Assiduous , and Dexterous at Insinuating into a Court. 6. I think the Kings Ecclesiastick Supremacy , as it stands now Asserted by Acts of Parliament ought to be Abrogated . I will not enter on the debate , what power is allowable to a Christian Magistrate in or about Eccl●siastical Matters : but leaving this as unnecessary to be discussed here ; I shall prove the Assertion from these two considerations , first if there is any such Supremacy allowable in a Christian Nation to any Civil persons or Judicature , it cannot with safety be trusted but where the Legislative power is Lodged . 2dly . It appears uncharitable and unchristian to enact , or leave in Force any Laws Declaratorie of such a Supremacy . First , Then consider that by this Supremacy , the King has Power to turn off any Churchman Summary , without any Process , ( of this we have seen several instances ) he hath also Power thereby at pleasure , to Crush any set of Clergy or Church Government he thinks uneasie to him , and advance any Party or Model , he hopes to be better served by . He has by this Supremacy likewise Power ( if not in express terms , yet by very natural Consequence , ) to Suppress all Assemblies , Convocations of the Clergy , Synods , Presbyteries , Sessions , or any other meetings of Churchmen necessary or convenient , for preserving Order in the Church . From consideration of these things , it is evident and clear as Sun shine ; That if such a Supremacie be allowed to our Kings , then they shall have Power to introduce Corruptions in our Religion by a Corrupt Clergy , to raise constant Schisms in our Church , to nourish and Foment a Spirit of Animositie and Persecution by one party of Clergy against another , to the great reproach of our Religion , and danger of our State ( as past experience may teach us ) finally they shall have power to dissolve and unhing our Church , by depriving Her of all means necessary , for establishing and preserving of Order and Discipline without which no Society can subsist . And surely , these things cannot happen in a Christian Nation without bringing deadly Convulsions upon the Civil State. Now I am confident that after very little reflection on the whole , you and every Rational Man will Anticipate me in the Inference , and conclude that such a Supremacy is of the last Importance , both to the Religion and Civil Interest of the whole Nation , and not to be trusted to any , but reserved to King and Parliament ; if it is allowable to any Civil Power . Secondly , That it is Vncharitable , to enact any Laws Declaratorie of such a Supremacie , will evidently appear from this , that it gives great scandal to good Protestants , and p●aceable Subjects , and is no wayes necessary . Surely , then it is very unbecoming Christian Charity and Moderation to give great Offence , and lay a stumbling block before such , Officiously and Needlesly . Now all the World knows this Supremacy has been a st●ne of stumbling both to Jew and Gentile , ( if I may so speak ) for not only the Presbyterians have still declaimed against it , as an Antichristian inchroachment upon Christs prerogative ; but many Episcopal have judged it an Invasion and Diminution of the intrinsick power , consigned by CHRIST to his Church ; whereupon severall minent amongst that Clergy resused our Test . Thus as the Offensive Nature of such Laws is evident ; So every considering Man must acknowledge , That they are useless , because all Laws about Church Government should only be founded on these Grounds ; That , What is thereby injoyned is agreeable to the Word of GOD , most consonant to the practise of the purest Churches , and most proper and conducing for the Advancement of Truth , Piety and good Order in this Church . Now on these Reasons , onely let every thing in Relation to the P●licy of the Church be Enacted in Parliament , without pretending or Declaring by any Act , what power they have in such Matters . Thus I am sute , King and Parliament may do their Duty in this Matter , from time to time , and a great Deal , if not All the Offense would be removed . For it cannot be denyed , That , the Legislative power being in them , what Form of Government they apply their civil Sanction to , it becomes the Legal Government of the Nation ; Which is all needs be claimed , and their medling in such Matters cannot be quarrelled , since all Protestants , do not only approve , the Parliaments Ratifying of our very Confession of Faith , but ordinarly plead that thereby we have greater priviledges and right for defence of it , than any principle of Religion it self gives us . The only hazard is , that they may Err in their choice , but I know no Remedy for this , ( unless we go to Rome for Infallibility , and I fear we should loose our Labour ) except , That no such Laws be imposed Rigorously , to be owned by all , but a reasonable Toleration allowed to peaceable Dissenters : Seeing then there is no use for such Declaratory Laws of an Ecelesiastick Supremacy ; Were it not very uncharitable to keep them on foot , for a snare and for ginn to so many of our Christian Brethren of the same Religion . I may add further , it were very Dangerous to the publick peace , for certainly from this Fountain many of Our intestine commotions have sprung , and these streams are not yet dryed up . 7. And Lastly , Having already far exceeded the due bounds of a Letter , and the brevitie I designed ; I shall Croud all that occures to me further about the Prerogative into one Article . I think it necessary the Convention take to their serious consideration , The Kings sole power of Disposal of Trade , his power of setting Valuation on current Money , his power of the Militia , of Peace and Warr , and raising the Nation in Arms ; as they are declared in the respective Acts thereanent : As also the Practice of the Kings establishing Instructions of Warr , and thereby exempting Souldiers from the ordinary Laws and Judicatures . We have seen and felt grievous abuses in the Nation from all these , as I could Instance , but that I haste to a close ; and it is enough to my purpose , that every thinking Man upon a very little reflection will see such powers may be the Foundation of Arbitrary proceedings in many cases of high Importance to the whole Nation . I confess I do not think it adviseable or safe ; to divest the King wholly of these Powers , and reserve them to a Parliament : For the exercise of all or most of them may be very necessary , much oftner then we can expect or desire parliaments , & may trvst with the reasonable intervals of parliaments ; neither do I think it possible to lay down fixed Rules , that can continue useful for any time , for the Kings managment of these Powers , such is the inconstancie and vicissitude of humane Affairs . The only Medium I can think on is , that the King shall be restricted , in the exercise of these Powers , to the Advice and Concurrence of a Council , or Councils to be named by the Parliament out of the whole States : This Council may have their settled Annual Meetings , or more frequent if needful , and withal be obliged to Conveen when upon any Emergent the King shall call them But as for the Militia , since it is palpablie useless to the Crown and Government and very heavy to the People , I hope all will be Unanimous to have it totally discharged . As for exempting Souldiers from the ordinary Laws and Judges , in Causes Civil or Criminal betwixt them and other Sub●ects , least at it is of dangerous Consequence , and there is no shadow of Law or Justice for it in this Nation , wherefore it ought to be discharged and declared Illegal in all time coming . I doubt not e're you come this length , you will be as wearie in reading this tedious and indigested Letter , as I am of writing it . So I shall delay at this time , the troubling you with what is fit to be done , for securing our Crown from falling again into Popish hands , what convenient amendm●nts may be made , as to the Constitution of , and Forms of Procedure in our Parliaments , and what is expedient for the Redress of our past Grievanc●s and necessary for the providing wholesome Remedies for preventing the like hereafter . The slightest review of all these ( tho desired in Powers ) would swell this Letter into the Volume of a Treatise , which I have no thoughts of writing : I hope you do not expect it , and though the stuff is course , you have large enough measure already , for an Letter . B●sides what is here omitted , seems to be the prop●r work of a Parliament when the Crown is settled , but what is spoke of , seems necessary to be dispatched by the Meeting of States before they declare the Crown . For though I am fully perswaded , that if we give the Crown to the King of England with as Absolute , unlimited a Prerogative , as ever any Tyrant or Sultan Usurped : Yet our Religion and Laws , and every Man's Liberty and Property , would be as secure to Us , under so Brave , Generous , Pious and Just a Prince , as they can be by all the Provisions we can devise for their security : But it is uncertain how long God may bless us with him , & who may come after him . And this is certain that if once the Crown be settled , and a set of Officers of State , and Counsellours established , ( our Nobility and great Ministers have unhappily been so accustomed , to carrie things here with so high a hand , ) They will be sure to use all their Interest to frustrate all Projects for such Limitations of the Prerogative , foreseeing easily that thereby their hands will be more bound up , then was usual , and I doubt not , if you will be at the pains to observe it , you 'l easily perceive that such as have but any faint hopes and a remote prospect of getting any share of the Government into their hands , will already be shy on these Points . Wherefore it nearly concerns every honest Sincere Scotsman , to strike thee Iron while it is hot , for it is much better holding then drawing : If this is acceptable and gives you any satisfaction , you shall by the next have more of the matters now omitted . March 6. 1689. I am Yours , &c. POSTSCRIPT . Sir , I Have said nothing of the Kings Negative Vote in Parliament , and his Power of Adjourning and Dissolving them . Tho it is of the greatest Importance , for if it stands , as it is now Asserted , all hopes of Redress of Griveances by a Parliament are cut off under an ill Government , when there is greatest need of it . Wherefore it much concerns this Meeting to adjust in to an harmless Temper . Yet I must confess . I can hit upon no overture for this that pleases me . But I doubt not , The things is so Obvious and of such vast Consequence , you will hear of it from better hands . FINIS . 
A32340	----	New propositions from the King of Scotland to the Parliament of that kingdom with his last promise and condescensions and the proclaiming of a new proclamation for His Highness ; also another bloudy fight in Ireland .. the routing of Generall Oneal's army by the Lord of Ards, the raising of the siege at London-Derry and the rallying of the Marq. of Ormond's forces and advancing within 12 miles of Dublin. England and Wales. Sovereign (1660-1685 : Charles II) This text is an enriched version of the TCP digital transcription A32340 of text R35502 in the English Short Title Catalog (Wing C3191A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 10 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A32340 Wing C3191A ESTC R35502 15345655 ocm 15345655 103456 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32340) Transcribed from: (Early English Books Online ; image set 103456) Images scanned from microfilm: (Early English books, 1641-1700 ; 1147:27) New propositions from the King of Scotland to the Parliament of that kingdom with his last promise and condescensions and the proclaiming of a new proclamation for His Highness ; also another bloudy fight in Ireland .. the routing of Generall Oneal's army by the Lord of Ards, the raising of the siege at London-Derry and the rallying of the Marq. of Ormond's forces and advancing within 12 miles of Dublin. England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. [2], 6 p. Printed for E. Cotton, London : Aug. 17, 1660. "Extracted out of the orignall for generall satisfaction and published by authority." Reproduction of original in the Huntington Library. eng Great Britain -- History -- Civil War, 1642-1649. Scotland -- History -- 17th century. Ireland -- History -- 1625-1649. A32340 R35502 (Wing C3191A). civilwar no New propositions from the King of Scotland to the Parliament of that kingdom; with his last promise and condescensions, and the proclaiming [no entry] 1649 1724 5 0 0 0 0 0 29 C The rate of 29 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2003-04 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2003-08 Judith Siefring Sampled and proofread 2003-08 Judith Siefring Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion NEW PROPOSITIONS FROM THE KING OF SCOTLAND TO The Parliament of that Kingdom ; with his last Promise and Condescensions , and the proclaiming of a new Proclamation for His Highnesse . ALSO , Another bloudy Fight in Ireland , the particulars thereof , and the routing of Generall Oneal's Army by the Lord of Ards , the raising of the siege at London-Derry , and the rallying of the Marq. of Ormond's forces , and advancing within 12 miles of Dublin . Extracted out of the Originall , for generall satisfaction , and published by Authority . London , Printed for E. Cotton , Aug. 17. 1649. THE KING OF SCOTLAND HIS Propositions to his Subjects of that Nation ; and His Promise and Condescensions to the Desires of the PARLIAMENT . SIR , SInce the receipt of the intelligence from Ireland , of the fatall Blow there given to the Prince his Forces , the Court hath continually rung with sorrow , and his Highnesse is very sad and melancholy : Since which time , there hath been a great disputation held by his Privy Councell , whose result was , That new propositions should be sent to the Parl. of Scotland , viz. 1 That his declared Majesty would wive his assent , for the setling of Religion , according to the solemn League and Covenans . 2 That he would wholly apply his Ear to the Councell and Advice of the Estates conveened , provided , that respect might be had to the tender Consciences of those who have adhered to or assisted him . But this will hardly be ; for he must either become a perfect Covenanter , or else a despised Prince . Many of the Royall party have caused proclamation to be made for Charles the II , for the raising of Voluntiers , but few appears in that engagement , Hague 9. Augusti , 1649. The newes is confirmed from Dublin , Ormond hath paid dear for his bowzing , Taff , Preston , and he being met together , thought they could destroy the Parl-power , by drinking healths to their destruction , when it s in so many words a Bull , whereas Lieu. Gen. Jones came soberly upon them , and made them run several ways : It 's said , that in their hast they fell upon Ballyshanon , have taken it , and are rallyed , being about twelve thousand within twelve miles of Dublin and fallen to their old way of disputing passes : which when lost , they run to the next : they increase by the coming of forces to them , and say , if they recover not their reputation before Michaelmas , they shal not keep Ireland from a totall reducement within a year . The Scots-Resolution touching their King . First , that prevailing party of Sectaries of England , who have broken the Covenant , and despised the Oath of God , corrupted the truth , subverted the fundamentall Government , by King and Parliament , and taken away the life , look upon us with an evill eye , as upon those who stand in the way of their monstrous and new-fingled devices , in Religion and Government , and though there were no cause to fear any thing for that party , but the Gangrene and infection of those many damnable and abominable errors , which have taken hold on them , yet our vicinity unto and dayly to commerce with that nation , may justly make us afraid that the Lord may give up many in this land unto a spirit of delusion , to beleeve lyes , because they have not received the love of truth . Secondly , Neither is the Malignant party so far broken and brought low , as that they have abandoned all hopes of carrying on their former designes against the Covenant , and work of Reformation , besides many of them in this Kingdom who are as Foxes tyde in chaines , keeping in evill nature , and waiting opportunity to break their cords , and again to prey upon the Lords people . That the standing Armies in Ireland , under the command of the Marq. of Ormond , the Lord Inchiqueen , the Lord of Airds , and George Munroe , who forgetting the horrible cruelty that was exercised by the Irish and English Nations in that Land , have entred into a Peace and association with them , that they may the more easily carry on the old design of the Popish , Prelatical and Malignant party , and the Lord of Airds , and George Munroe , have by treachery and oppression , brought the Province of Ulster , and Garrisons therein , under their power and command , and have redacted our Country-men , and such as adhere unto the Covenant and cause of God in that Province unto many miseries and straits , and are like to banish the Ministers of the Gospell , and to overturn these fair beginnings of the worke of God , which were unto many a branch of hope , that the Lord meant to make Ireland a pleasant Land . Thirdly , But which is more grievous unto us then all these , our King notwithstanding of the Lords hand , against his fathers opposition to the work of God , and bearing down all those in the three Kingdomes , by which it is come to passe , that his Majesty hath hitherto refused to grant the just and necessary desires of this Kirk and Kingdom , which were tendred unto him from the Commissioners of both for securing of Religion , the liberties of the Subject , his Mai Government , and the peace of the Kingdom ; and it is much to be feared that those wicked Councellours may so far prevail upon him in his tender years , as to engage him in a War for ouerturning ( if it be possible ) of the Work of God , and bearing down all those in the three Kingdoms that adhere thereto , which if he shall do , cannot but bring great wrath from the Lord upon himself and his Throne , and must be the cause of many new and great miseries and calamities to these Lands . And albeit the Lands be involved in many difficulties and compassed about with great and imminent dangers ; yet ●here is hope and ground of consolation concerning this thing ; the Lord is in the midst of us , and we are called by his name , our ears hear the joyfull sound of the Gospell , add our eyes see our Teachers . We behold the arm of the Lord stretched out daily in working salvation for his people , and answering their desires upon their enemies , by terrible things in righteousnesse ; although we be few in number , yet the Lord of Hosts is with us , and in the power of his strength we shall be able to prevaile ; although our land be filled with sin , yet we have not been forsaken of the Lord our God , but he hath always had compassion upon us , and delivered us in all our distresse ; although some of understanding fal , it is bot to try , and to purge , and to make white even to the end , because it is yet for a time appointed although many cleave to us by flatteries , yet there be a remnant w●● keep their integrity , and the Lord shall do good to those that be good ; but such as turn aside to crooked ways , shall be led forth with the workers of iniquity . The Lords people in England and Ireland , who adhere to the cause and covenant , may be perplexed , but shall not despair , they may be persecuted but shall not be forsaken ; they may be cast down but shall not be destroyed ; and although uniformity and the work of Reformation in these hands seem not only to be retarded , but almost pluckt up by the roots , and the foundation thereof razed ; yet the seed which the Lord hath sowen there , shall again take root downward , and bear fruit upward , the zeal of the Lord of Hosts shall perform this . A. KER . Right Honoured , SInce the late blow given to the Marq. of Ormond by Lieut. Gen. Jones , we hear that they are re-bodying about Kilkenny and Munster , and that in the said Engagement thirteen thousand of the Princes forces escaped , who are gathering together , and randezvouzing in severall places ; but the raising of the siege , and defeating that pote● power is joyfully rescented by many . We have received another express from thence , which intimates , that the D. of Lorraign hath landed 3000 horse in Ireland , and that a conjunction is designed by them with 7000 Scots under the Lord of Ards , 3000 Irish commanded by the Earle of Clanrickard , 7000 of the Spanish Faction commanded by Gen. Oneal , 1400 horse commanded by L. Incihiquin , and the 13000 of Ormonds that escaped at the last fight ; all which ( it is said ) intend a Randezvouz neer Kilkenny , who being bodyed , will make an Army of 30000 and upwards , and may probably much indanger our friends in Dublin , if a considerable supply be not speedily sent over to them . Bristol 12. August , 1649. Yesterday came news , as if Dredagh were re-taken or delivered up by the Lord M●or , that Sir Charles Coot since his relief by his Brethren hath been abroad , disputed several passes with the enemy , and set the Besiegers at a further distance . The Lord of Ards ( its said ) hath likewise fallen upon Ge●erall Oneal , and after a sharp Conflict , killed many , took divers prisoners , and scattered the rest . FINIS . 
A32360	----	A proclamation against the resset of the rebels, and for delivering them up to justice England and Wales. Sovereign (1660-1685 : Charles II) 1679 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A32360 Wing C3225 ESTC R1828 12129368 ocm 12129368 54678 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32360) Transcribed from: (Early English Books Online ; image set 54678) Images scanned from microfilm: (Early English books, 1641-1700 ; 760:27) A proclamation against the resset of the rebels, and for delivering them up to justice England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by the Heir of Andrew Anderson ... ; and now reprinted, Edenburgh : London : 1679. Broadside. Reproduction of original in Bodleian Library. Entry for C3225 cancelled in Wing (2nd ed.). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters. Scotland -- History -- 1660-1688. Broadsides -- England -- London -- 17th century 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2009-01 Judith Siefring Sampled and proofread 2009-01 Judith Siefring Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Royal coat of arms A PROCLAMATION , Against the Resset of the Rebels , and for delivering them up to Justice . CHARLES , by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith , To all and sundry our Leidges and Subjects , whom these presents do or may concern , Greeting : Forasmuch as upon the first notice given to our Privy-Council of the Rising and Gathering of these disloyal and seditious Persons in the West , who have of late appeared in Arms in a desperate and avowed Rebellion against Us , Our Government and Laws , We did declare them to be Traitors , and discharged all our Subjects to assist , resset , supply , or correspond with any of them , under the pain of Treason . And the saids Rebels and Traitors being now ( by the blessing of God upon our Forces ) subdued , dissipated and scattered ; And such of them as were not either killed or taken in the Field , being either retired secretly to their own homes and Houses , expecting shelter and protection from the respective Heretors , in whose Lands they dwell , or lurking in the Countrey . And we being unwilling that any of Our good Subjects should be ensnared , or brought into trouble by them ; Have therefore with advice of our Privy-Council , thought fit again to discharge and prohibit all our Subjects , Men or Women , that none of them offer or presume to harbour , resset , supply , correspond with , hide or conceal the Persons of Robert Hamilton , Brother German to the Laird of Prestoun , John Patoun in Meadow head , alias Captain Patoun , Joseph Lermont , alias Major Lermont , William Cleeland , John Balfour of Kinloch Whytfoord of Blaquhan younger , Medellan of Barstob , John Wilson , Son to Alexander Wilson Town-Clerk of Lanerk , Rosse , pretended Major , Thomas Weir , Brother to Kirkfield , Haxstoun of Rathillet , Carmichael , Son to the Earl of Wigtons Chamberlane , Connon of Mondrogau , Mr. William Ferguson of Ketloch , James Russel in Kinksketle , George Balfour in Gilstoun , Andrew and Alexander Hendersons , Sons to John Henderson in Kilbraichmont , Andro Guilon Weaver in Balmerino , George Fleeming younger of Balbuthy , Robert Dingwall , Son to Dingwall in Caldhame , Mr. Samuel Arnot , Mr. Gabriel Semple , Mr. John Wolsh , Mr. John King , Mr. Donald Cargil , Mr. George Barclay , Mr. John Rae , Mr. Thomas Dowglas , Mr. Forrester , Mr. Robert Muir , Mr. Lamb , Mr. Richard Cameron Mr. David Home Vre of Shirgarton , Forrester of Bankhead , John Haddoway Merchant in Dowglas , James White Writer there , Cuninghame of Mountgrenan , and Mr. John Cuninghame sometime of Bedland , James and William Cleillands , brethren-in Law to John Haddoway Merchant in Dowglas , Thomas Bogle of Boglehole , alias Nether Carmile , Gordons of Earlstoun elder and younger , Medowgall of French , the Laird of Remenstoun , brother to the Earl of Golloway , the Laird of Castle-stewart , brother to the said Earl , Gordon of Craichlay , Turnbul of Beuley , Thomas Turnbul of Standhill , Hendry Hall , George Home of Greddin , Macky of Cloncard , Mr. John Rae , Somervel of Vrats , Mr. Archibald Riddel , brother to the Laird of Riddel , Cathcarts , two Sons of the Lord Cathcart , Blair of Phinnick , Murdoch , alias Laird Murdoch ; Rolland , Richisond Fewar in Gilmerton and his three Sons . Or any others who concurred or joyned in the late Rebellion , Or who upon the account thereof , have appeared in Arms in any part of this our Kingdom : But that they pursue them as the worst of Traitors , and present and deliver such of them as they shall have within their power , to the Lords of our Privy-Council , the Sheriff of the County , or the Magistrates of the next adjacent Burgh-Royal , to be by them made forth-coming to law : Certifying all persons , either Heretors , Tenents , or other Men or Women , as shall be found to fail in their duty herein , they shall be esteemed and punished as Favourers of the said Rebellion , and as persons accessory to , and guilty of the same . And to the end , all Our good Subjects may have timeous notice hereof , We do ordain these presents to be forthwith Printed , and Published at the Mercat-Crosses of Edenburgh , Linlithgow , Stirling , Lanerk , Air , Rutherglen , Glasgow , Irwing , Wigton , Kirckcudburgh , Dumsreice , Cowpar in Fife , Jedburgh , Perth , and remanent Mercat-Crosses of the Head Burghs of the several Shires of the Kingdom , by Macers or Messengers at Arms : And we do recommend to the Right Reverend our Archbishop and Bishops , to give order that this Our Proclamation be , with all diligence , read on the Lords day in all the Churches within their several Diocesses , that none pretended ignorance . Given under Our Signet at Edenburgh , the Twenty-sixth day of June , 1679. and of our Reign the thretty one Year . Al. Gibson , Cl. Sti. Concilii . GOD save the KING . Edenburgh Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1670. And now Re printed at London . 
A32392	----	By the king. A proclamation. Containing his Majesties gracious pardon and indemnity Proclamations. 1679-07-27. Scotland. Sovereign (1649-1685 : Charles II) 1679 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A32392 Wing C3278 ESTC R214875 99826928 99826928 31340 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32392) Transcribed from: (Early English Books Online ; image set 31340) Images scanned from microfilm: (Early English books, 1641-1700 ; 1845:13) By the king. A proclamation. Containing his Majesties gracious pardon and indemnity Proclamations. 1679-07-27. Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Edinburgh, printed by the heir of Andrew Anderson, printer to his most sacred Majesty, anno Dom. 1679. And re-printed at London, [London] : [1679] Year of publication from Wing. Dated at end: the twenty-seventh day of July, one thousand, six hundred, seventy and nine. And of our reign, the threetieth-one [sic] year. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Early works to 1800. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion By the King. A PROCLAMATION . Containing His Majesties gracious Pardon and Indemnity . CHARLES R. CHARLES the Second , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects whom these presents do or may concern , Greeting : The just Resentments We have of th● rebellious courses taken by some in that Our Ancient Kingdom of Scotland , by poisoning Our People with Principles inconsistent with true Piety , and all humane Society , as well as with Our Royal Government ; and of the humorous Factions of others , who ( under pretext of re-presenting Grievances 〈◊〉 Us ) have most unjustly , both in Scotland and England ; Defamed Our Judicatures of Scotland , a●d thereby weakened Our Authority , therein represented ; All which , did not hinder Us from endeavouring to quiet the one by Our late Proclamation ; and the other by a publick Hearing and Debate : And being most desirous to cover all the Imperfections of Our Subjects , and to remove the Fears and Jealousies , whence they proceed ; We have therefore , by Our Royal Authority , and the undoubted Prerogative of Our Crown , thought fit ( with the advice of our Privy Council ) to Indemnifie , Remit and Pardon ( with the Exceptions after specified ) all such as have been at Field , or House-conventicles ; all such as are guilty of irregular administration of the Sacraments , and other Schismatick Disorders ; all such as have been ingaged in the Rebellion , 1666. Or the late Rebellion this present Year of God , 1679 All such as have Spoken , Written , Printed , Published , or dispersed any traiterous Speeches , infamous L●bels , or Pasquils ; all such as have mis-represented any of Our Judicatures , Servants , or Subjects , or have advised any thing contrary to Our Laws ; all such as have maleversed in any Publick Station , or Trust : and generally , all such as are lyable to any pursuit , for any Cause , or Occasion , relating to any publick Administration , by Contrivances , Actings , Oppositions , or otherways preceeding the date hereof . Declaring the generality of these Presents , to be as effectual to all intents and purposes , as if every Circumstance of every the foresaid Delinquencies , or Mis-demeanours were particularly and specially here inserted ; and as if every of the Persons that might be challenged and pursued for the same , had a Remission under Our great Seal , or an Act of Indemnity past in his Favours . Discharging any of Our Officers , or Subjects , to pursue any Person or Persons upon any such accounts , either ad vindictam publicam vel privatam , or to upbraid them therewith . And Comanding all Our Judges to interpret this Our Remission and Indemnity , with all possible latitude and ●avor , as they will be answerable to Us upon their highest perils , Excepting such as are already forefaulted by our Parliaments , or Our Criminal Court , fined by Our Privy Council ; and such who being fined by Inferiour Judicatures , have payed , or transacted for their fines , in so far as concerns their respected fines , so imposed : Excepting also , all such Heretors and Ministers , who have been in the late Rebellion , or were contrivers thereof , and such Heretors as have contributed thereto , by Levies of Men and Money ; and excepting likewise such as obeyed not Our , and Our Councils Proclamation , in assisting Our Host ; to be pursued for that their Delinquency , according to Law ; and such persons as have threatned , or abused any of the Orthodox Clergy , or any of Our good Subjects for assisting Us , in suppressing the late Rebellion ; and that , since Our Proclamation , dated the twenty-ninth day of June , last past : Which Indemnity We do grant to those who were ingaged in the late Rebellion , provided that they shall appear before such as our Privy Council shal nominate , betwixt and the dyets following , viz. these that are within this Kingdom , betwixt and the eighteenth day of September , and these that are furth thereof , betwixt and the thirteenth of November next to come , and enact themselves , never to carry Arms against Us , or our Authority , and with express condition , that if ever they shall be at any Field conventicle , or shall do any violence to any of Our Orthodox Clergy , this Our Indemnity shall not be useful to such Transgressors any manner of way ; as it shall not be to any for private Crimes , such as Murders , Assassinations , Thefts , Adulteries , the fines and denunciations thereof , and such like as never use to be comprehended under general Acts of Indemnity ; and particularly the Execrable Murther of the late Arch-bishop of St. Andrews : Nor to such as were appointed to be carryed to the Plantations , by our Letter , dated the twenty ninth day of June last , tho their lives be by this Our Royal Proclamation also , secured unto them , in manner , and upon the conditions above-mentioned . But lest the hope of Impunity shou'd embolden the malicious to future disorders ; We do hereby Command Our Privy Council , and all Our other Judicatoures , to pursue and punish with all the severity that Law can allow , all such as shall hereafter threaten or abuse the Orthodox Clergy , murmure against Our Judicatures , or Officers , as shall make , publish , print , or disperse Lybels , or Pasquils ; these being the Fore-runners of all Rebellions ; and which , by defaming Authority , do disappoint all its just and necessary Methods . And to the end , all our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command Our Lyon King at Armes , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timous Intimation hereof , at the Mercat-Cross of Edinburgh , and other Places needful . Given at Our Court , at Windsor-Castle , the Twenty-seventh day of July , one thousand , six hundred , seventy and nine . And of our Reign , the Threttieth-one Year . By His MAJESTIES Command , LAUDERDALE . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1679. And Re-printed at Londo● . 
A31762	----	The charge of the Scottish Commissioners against Canterburie and the Lieutenant of Ireland together with their demand concerning the sixt article of the treaty : whereunto is added the Parliaments resolution about the proportion of the Scottish charges and the Scottish Commissioners thankfull acceptance thereof. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A31762 of text R11362 in the English Short Title Catalog (Wing C2061). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 61 KB of XML-encoded text transcribed from 28 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A31762 Wing C2061 ESTC R11362 13117858 ocm 13117858 97774 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A31762) Transcribed from: (Early English Books Online ; image set 97774) Images scanned from microfilm: (Early English books, 1641-1700 ; 411:3 or 2331:3) The charge of the Scottish Commissioners against Canterburie and the Lieutenant of Ireland together with their demand concerning the sixt article of the treaty : whereunto is added the Parliaments resolution about the proportion of the Scottish charges and the Scottish Commissioners thankfull acceptance thereof. Scotland. Parliament. England and Wales. Parliament. House of Lords. [3], 53 p. Printed for Nath. Butler, London : 1641. Part of the negotiations conducted by representatives of the Parliament of Scotland and the English House of Lords at the end of the 2nd Bishops' War, leading to the Treaty of Ripon (1641). Wing numbers C2061 and C4201L are cancelled; replaced by S1001AD. Reproduction of original in the Henry E. Huntington Library. eng Laud, William, 1573-1645. Strafford, Thomas Wentworth, -- Earl of, 1593-1641. Scotland -- Politics and government -- 1625-1649 -- Sources. Great Britain -- Politics and government -- 1625-1649 -- Sources. A31762 R11362 (Wing C2061). civilwar no The charge of the Scottish Commissioners against Canterburie and the Lievetenant of Ireland. Together with their demand concerning the sixt Scotland. Parliament 1641 11354 2 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2002-01 TCP Assigned for keying and markup 2002-02 SPi Global Keyed and coded from ProQuest page images 2002-03 TCP Staff (Oxford) Sampled and proofread 2002-03 Judith Siefring Text and markup reviewed and edited 2002-04 pfs Batch review (QC) and XML conversion THE CHARGE OF THE SCOTTISH COMMISSIONERS Against CANTERBURIE and the Lievetenant of IRELAND . Together with their Demand concerning the Sixt Article of the Treaty Whereunto is added the Parliaments Resolution about the Proportion of the Scottish charges , and the Scottish Commissioners thankfull acceptance thereof . The Lord is knowne by the Iudgement which he executeth . The wicked is snared in the workes of his owne hands . London , Printed for Nath. Butter . 1641 The Charge of the Scottish Commissioners against the Prelate of CANTERBURY . NOvations in Religion , which are universally acknowledged to bee the main cause of commotions in Kingdomes and States , and are knowne to bee the true cause of our present troubles , were many and great , beside the bookes of Ordination , and Homilies , 1. Some perticular alterations in matters of Religion , pressed upon us without order , and against Law , contrary to the forme established in our Kirk . 2. A new booke of Canons and Constitutions Ecclesiasticall . 3. A Liturgie or booke of Common-prayer , which did also carry with them many dangerous errours in matters of doctrine . Of all which we chalenge the Prelate of Canterbury , as the prime cause on earth . And first , that this Prelate wes the author and urger of some particular changes , which made great disturbance amongst us , wee make manifest : 1. By fourteen letters subcribed , W. Cant. in the space of two years , to one of our pretended Bishops , Bannatine , wherein hee often enjoyneth him , & other pretended Bishops , to appear in the Chappell in their whites , contrary to the custome of our Kirk , & to his promise made to the pretended Bishop of Edinburgh , at the coronatiō , that none of them after that time , should be pressed to weare these garments , thereby moving him against his will to put them on for that time , wherein he directeth him to give order for saying the English Service in the Chappel twice a day , for his neglect shewing him that hee wes disappointed of the Bishopricke of Edinburgh , promising him upon his greater care of these novations , advancement to a better Bishoprick , taxing him for his boldnesse in preaching the sound doctrine of the reformed Kirkes , against Master Mitchell , who had taught the errors of Arminius , in the point of the extent of the merit of Christ , bidding him send up a list of the names of Councellours and Senatours of the Colledge of Iustice , who did not communicate in the Chappell in a forme which wes not received in our Kirke , commending him when he found him obsequious to these his commands , telling him that hee had moved the King the second time for the punishment of such as had not received in the chappell : and wherein hee upbraideth him bitterly , that in his first Synod at Aberdein , hee had onely disputed against our custome of Scotland , of fasting sometimes on the Lords day , and presumptuously censuring our Kirk , that in this we were opposite to Christianity it selfe ; and that amongst us there were no Canons at all : More of this stuffe may be seene in the letters themselves . Secondly , by two papers of memoirs and instructions from the pretended Bishop of Saint Androis , to the pretended Bishop of Rosse , comming to this Prelate for ordering the affaires of the Kirk , and Kingdome of Scotland , as not onely to obtaine warrants , to order the Exchequer , the Privy Counsell , the great Commission of Surrenders , the matter of Balmerino's processe , as might please our Prelates , but warrants also for sitting of the High Commission Court once a week in Edinburgh , and to gain from the Noblemen , for the benefit of Prelates , and their adherents , the Abbacies of Kelso , Arbroith , S. Androis , and Lindors : and in the smallest matters to receive his comands , as for taking downe Galleries , and stone-walls , in the Kirks of Edinburgh , and Saint Androis , for no other end but to make way for Altars , and adoration towards the East , which besides other evills , made no small noise , and disturbance amongst the people , deprived hereby , of their ordinary accommodation for publique worship . The second Novation which troubled our peace , wes a booke of Canons , and Constitutions Ecclesiasticall , obtruded upon our Kirk , found by our generall assembly to be devised for establishing a tyrannicall power , in the persons of our Prelates , over the worship of God , over the consciences , liberties , and goods of the people ; and for abolishing the whole discipline , and governement of our Kirk , by generall and provinciall assemblies , Presbyteries , and Kirk sessions , which wes setled by law , and in continuall practise since the time of reformation ; that Canterbury wes Master of this worke , is manifest . By a booke of Canons sent to him , written upon the one side onely , with the other side blanke , for corrections , additions , and putting all in better order , at his pleasure ; which accordingly wes done as may appeare by interlinings , marginalls , and filling up of the blanke page with directions sent to our Prelates ; and that it wes done by no other then Canterbury , is evident by his Magisteriall way of prescribing , and by a new copy of these Canons , all written with Saint Androis owne hand , precisely to a letter , according to the former castigations , sent backe for procuring the Kings warrant unto it , which accordingly wes obtained ; but with an addition of some other Canons , and a paper of some other corrections : According to which the booke of Canons thus composed , wes published in print , the inspection of the bookes , instructions , and his letters of joy , for the successe of the worke , and of others letters of the Prelate of London , and the Lord Sterling , to the same purpose ; all which we are ready to exhibite , will put the matter out of all debate . Beside this generall , there be some things more speciall worthy to be adverted unto , for discovering his spirit . 1. The 4. Canon of Cap. 8. for as much as no reformation in Doctrine , or Discipline can be made perfect at once in any Church ; therefore it shall , and may be lawfull for the Church of Scotland , at any time to make remonstrance to his M. or his successors , &c. Because this Canon holdeth the doore open to more innovations , he writeth to the Prelate of Rosse his privy Agent , in all this worke , of his great gladnesse , that this Canon did stand behind the Curtaine , and his great desire that this Canon may be printed fully as one that wes to be most usefull . Secondly , the title prefixed to these Canons by our Prelates . Canons agreed upon to be proponed to the severall Synods of the Kirk of Scotland , is thus changed by Canterbury ; Canons and constitutions Ecclesiasticall , &c. Ordained to be observed by the Clergy . He will not have Canons to come from the authority of Synods , but from the power of Prelates , or from the Kings prerogative . Thirdly , the formidable Canon , Cap. 1.3 . threatning no lesse then excommunication against all such persons whosoever shall open their mouthes against any of these books , proceeded not from our Prelates , nor is to be found in the copy sent from them , but is a thunderbolt forged in Canterburies own sire . 4. Our Prelates in divers places witnesse their dislike of Papists . A Minister sal be deposed if if hee bee found negligent to convert Papists . Chap. 18. 15. The adoration of the Bread is a superstition to be cōdemned , Cap. 6. 6. They call the absolute necessity of Baptisme an errour of Popery , Chap. 6.2 . But in Canterburies edition , the name of Papists and Popery is not so much as mentioned . 5. Our Prelates have not the boldnesse to trouble us in their Canons , with Altars , Fonts , Chancels , reading of a long Leiturgie before Sermon , &c. But Canterbury is punctuall , and peremptory in all these . 6. Although the words of the tenth Canon Chap. 3. be faire , yet the wicked intentions of Canterbury and Ross , may bee seen in the point of justification of a sinner before God , by comparing the Canon as it came from our Prelats , and as it wes returned from Canterbury , and printed , our Prelates say thus : It is manifest that the superstition of former ages , hath turned into a great prophanenesse , and that people are growne cold , for the most part , in doing any good thinking there is no place to good workes , because they are excluded from justification , Therefore shall all Ministers , as their text giveth occasion , urge the necessity of good workes , as they would be saved , and remember that they are via regni , the way to the kingdome of heaven , though not causa regnandi , howbeit they be not the cause of salvation . Here Ross giveth his judgement , That hee would have this Canon simply commanding good workes to be preached , and no mention made what place they have or have not in justification . Upon this motion , so agreeable to Canterburies mind , the Canon is set down as it standeth without the distinction of via regni , or causa regnā●● , or any word sounding that way , urging onely the necessity of good works . 7. By comparing Can. 9. chap. 18. as it was sent in writing from our Prelates , and as it is printed at Canterburies command , may be also manifest , that hee went about to establish auricular confession , and Popish absolution . 8. Our Prelates were not acquainted with Canons for inflicting of arbitrary penalties : But in Canterburies book , wheresoever there is no penalty expressely set down , it is provided that it shall be arbitrary , as the Ordinary shal think fittest . By these and many other the like , it is apparant , what tyrannicall power he went about to establish in the hands of our Prelats , over the worship , & the souls and goods of men , over-turning from the foundation , the whole order of our Kirk , what seedes of Popery hee did sow in our Kirk , and how large an entry hee did make for the grossest novations afterward , which hath beene a maine cause of all their combustion . The third and great Novation wes the booke of Common Prayer , administration of the Sacraments , and other parts of divine Service , brought in without warrant from our Kirk to be universally received , as the only forme of divine Service , under all highest paines both civill and Ecclesiasticall ; which is found by our nationall assembly , beside the Popish frame , and formes in divine worship , to containe many Popish errors , and ceremonies , and the seeds of manifold and grosse superstitions , and idolatries and to be repugnant to the Doctrine , Discipline , and order of our reformation , to the confession of faith , constitutions of generall assemblies , and Acts of Parliament , establishing the true Religion : that this also wes Canterburies worke , Wee make manifest . By the memoirs , and instructions sent unto him from our Prelates ; wherein they gave a speciall account of the diligence they had used , to doe all which herein they were enjoyned , by the approbation of the Service Booke sent to them ; and of all the marginall corrections , wherein it varieth from the English booke , shewing their desire to have some few things changed in it , which notwithstanding wes not granted : This we find written by Saint Androis owne hand , and subscribed by him , and nine other of our Prelates . By Canterburies owne letters , witnesses of his joy , when the book wes ready for the presse , of his prayers that God would speed the worke , of his hope to see that service set up in Scotland , of his diligence to send for the Printer , and directing him to prepare a black letter , and to send it to his servants at Edinburgh , for printing this booke . Of his approbation of the proofes sent from the presse . Of his feare of delay , in bringing the worke speedily to an end , for the great good , ( not of that Church , but ) of the Church . Of his encouraging Rosse who wes entrusted with the presse , to go on in this peece of Service without feare of enemies . All which may be seene in the Autographs and by letters sent from the Prelate of London to Rosse , wherein as he rejoyceth at the sight of the Scottish Canons ; which although they should make some noise at the beginning , yet they would be more for the good of the Kirk , then the Canons of Edinburgh , for the good of the Kingdome . So concerning the Leiturgy he sheweth , that Rosse had sent to him , to have an explanation from Canterbury of some passage of the Service Booke , and that the presse behoved to stand till the explanation come to Edinburgh , which therefore he had in haste obtained from his Grace , and sent the dispatch away by Canterburies owne convaiance . But the booke it selfe as it standeth interlined , margined and patcht up , is much more then all that is expressed in his letters , and the changes and supplements themselves , taken from the Masse book , & other Romish Ritualls , by which he maketh it to vary from the book of England , are more pregnant testimonies of his Popish spirit , and wicked intentions , which he would have put in execution upon us , then can bee denied . The large declaration professeth , that all the variation of our booke , from the book of England , that ever the King understood , wes in such things as the Scottish humour would better comply with , then with that which stood in the English service . These Popish innovations therefore have beene surreptitiously inserted , by him without the Kings knowledge , and against his purpose . Our Scottish Prelates do petition that something may be abated of the English ceremonies , as the crosse in baptisme , the ring in marriage , and some other things . But Canterbury will not only have these kept , but a great many more , and worse superadded , which wes nothing else , but the adding of fewell to the fire . To expresse and discover all , would require a whole booke , we sall onely touch some few in the matter of the Communion . This booke inverteth the ordour of the Communion , in the booke of England , as may be seen by the numbers , setting downe the orders of this new Communion , 1. 5. 2. 6.7.3.4.8.9 . 10. 15. Of the divers secret reasons of this change , we mention one onely , In joyning the spirituall praise and thanksgiving , which is in the booke of England , pertinently after the communion , with the prayer of consecration before the communion , and that under the name of Memoriall or Oblation , for no other end , but that the memoriall and sacrifice of praise , mentioned in it , may bee understood according to the Popish meaning . Bellar. de Missa , lib. 2. cap. 21. Not of the spirituall sacrifice , but of the oblation of the body of the Lord . It seemeth to bee no great matter , that without warrand of the book of England , the Presbyter going from the north end of the Table , shall stand during the time of consecration , at such a pairt of the table , where hee may with the more ease and decencie use both hands ; yet being tried , it importeth much , as , that he must stand with his hinder pairts to the people , representing ( saith Durand ) that which the Lord said of Moses , Thou shalt see my hinder pairts . Hee must have the use of both his hands , not for any thing he hath to doe about the bread and wine , for that may bee done at the North end of the Table , and bee better seen of the people ; but ( as we are taught by the Rationalists ) that he may by stretching foorth his armes to represent the extension of Christ on the Crosse , and that hee may the more conveniently lift up the bread and wine above his head to be seen and adored of the people , who in the Rubrick of the generall Confession , a little before , are directed to kneel humbly on their knees , that the Priests elevation so magnified in the Masse , and the peoples adoration may goe together , That in this posture , speaking with a low voyce , and muttering ( for sometimes hee is commanded to speake with a lowd voyce , and distinctly ) hee bee not heard by the people , which is no lesse a mocking of God , and his people , then if the words were spoken in an unknowne language . As there is no word of all this in the English Service ; so doth the book in King Ed. time , give to every Presbyter his liberty of gesture , which yet gave such offence to Bucer , ( the censurer of the book : and even in Cassanders own judgement , a man of great moderation in matters of this kinde ) that he calleth them , Nunquam satis execrandos Missa gestus , and would have them to be abhorred , because they confirme to the simple and superstitious ter impiam & exitialem Missae fiduciam . The corporall presence of Christs body in the Sacrament , is also to be found here : for the words of the Masse-book serving to this purpose , which are sharply censured by Bucer in King Ed. Leiturgie , & are not to be found in the book of England , are taken in here ; Almighty God is incalled , that of his Almighty goodnesse he may vouchsafe so to blesse and sanctifie with his Word and Spirit , these gifts of bread and wine , that they may bee unto us the body and bloud of Christ . The change here is made a work of Gods omnipotencie : the words of the Masse , ut fiant nobis , are translated in King Edwards booke , That they may be unto us , which are againe turned into Latine by Alesius , Vt fiant nobis . On the other pairt , the expressions of the booke of England at the delivery of the Elements of feeding on Christ by faith , and of eating and drinking in remembrance that Christ died for thee , are utterly deleated . Many evidences there bee in this pairt of the Communion , of the bodily presence of Christ , very agreeable to the doctrines taught by his Secretaries , which this paper cannot containe . They teach us that Christ is received in the Sacrament , Corporaliter , both objectivè and subjectivè . Corpus Christi est objectum quod recipitur , & corpus nostrum subjectum quo recipitur . The booke of England abolisheth all that may import the oblation of any unbloody Sacrifice , but here we have besides the Preparatorie oblation of the Elements , which is neither to be found in the book of England now , nor in King Edwards booke of old , the oblation of the body and bloud of Christ , which Bellarmine calleth , Sacrificium Laudis , quia Deus per illud magnopere laudatur . This also agreeth well with their late doctrine . We are ready when it shall be judged convenient , and we shall be desired , to discover much more matters of this kind , as grounds laid for missasicca , or the halfe Messe , The private Messe without the people , Of communicating in one kind , Of the Consumption by the Priest , and Consummation of the Sacrifice , Of receiving the Sacrament in the mouth , and not in the hand , &c. Our Supplications were many against these Books , but Canterbury procured them to be answered with terrible Proclamations . Wee were constrained to use the remedy of Protestation ; but for our Protestations , and other lawfull meanes , which we used for our deliverance , Canterbury procured us to be declared Rebels & Traitors in all the Parish Kirks of England : when we were seeking to possesse our Religion in Peace , against these Devices and Novations , Canterbury kindleth warre against us . In all these it is known that he was although not the sole , yet the Principall Agent and Adviser . When by the Pacification at Berwick , both Kingdomes looked for Peace and Quietnesse , he spared not openly in the hearing of many , often before the King , and privately at the Counsell-table , and the privy Iointo to speak of us as Rebels and Traitors , and to speake against the Pacification as dishonourable , and meet to be broken . Neither did his malignancie and bitternesse ever suffer him to rest , till a new warre was entred upon , and all things prepared for our destruction . By him was it that our Covenant , approven by Nationall Assemblies , subscribed by his M. Commissioner , and by the Lords of his M. Counsell , and by them commanded to be subscribed by all the Subjects of the Kingdome , as a Testimony of our duty to God , and the King , by him was it still called Ungodly , Damnable , Treasonable ; by him were Oaths invented , and pressed upon divers of our poore Countrey-men , upon the pain of imprisonment , and many miseries , which were unwarrantable by Law , and contrary their Nationall Oath . When our Commissioners did appeare to render the reasons of our demands , he spared not in the presence of the king , and Committee , to raile against our Nationall Assembly , as not daring to appeare before the World , and Kirkes abroad , where himselfe and his Actions were able to endure tryall , and against our just and necessary defence , as the most malicious and Treasonable Contempt of Monarchicall Government that any by-gone age had heard of : His hand also was at the Warrant for the restraint and imprisonment of our Commissioners , sent from the Parliament , warranted by the King , and seeking the peace of the Kingdomes . When we had by our Declarations , Remonstrances , & Representations , manifested the truth of our intentions , and lawfulnesse of our Actions , to all the good Subjects of the Kingdome of England , when the late Parliament could not be moved to assist , or enter in warre against us , maintaining our Religion , and Liberties , Canterbury did not onely advise the breaking up of that high and honourable Court , to the great griefe and hazard of the Kingdome , but , ( which is without example ) did sit stil in the Convocation , and make Canons and constitutions against us , and our just and necessary defence , ordaining under al highest paines , that hereafter the Clergy shall preach 4. times in the yeare , such doctrine as is cōtrary , not only to our proceedings , but to the doctrine & proceedings of other reform'd Kirks , to the judgement of all sound Divines , & Politiques , and tending to the utter slavery and ruining of all Estates and Kingdomes , & to the dishonour of Kings & Monarchs . And as if this had not been sufficient , he procured six Subsidies to be lifted of the Clergy , under paine of Deprivation to all that should refuse . And which is yet worse , and above which Malice it selfe cannot ascend , by his meanes a Praier is framed , printed , and sent through all the Paroches of England , to bee said in all Churches in time of Divine Service , next after the prayer for the Queene and Roiall Progeny , against our Nation by name of trayterous Subjects , having cast off all obedience to our anointed Soveraigne , and comming in a rebellious manner to invade England , that shame may cover our faces , as Enemies to God and the King . Whosoever shall impartially examine what hath proceeded from himselfe , in these two books of Canons and Common Praier , what Doctrine hath beene published and printed these yeares by past in England , by his Disciples and Emissaries , what grosse Popery in the most materiall points we have found , and are ready to shew in the posthume writings , of the Prelate of Edinburgh , and Dumblane , his owne creatures , his neerest familiars , and most willing instruments to advance his counsells , and projects , fall perceive that his intentions were deepe and large against all the reformed Kirks , and reformation of Religion , which in his Majesties dominions wes panting and by this time had rendered up the Ghost , if God had not in a wonderfull way of mercy prevented us : And that if the Pope himselfe had beene in his place , he could not have beene more Popish , nor could he more zealously have negotiated for Rome , against the reformed Kirks , to reduce them to the Heresies in Doctrine , the Superstitions and Idolatry in worship , and the Tyranny in Government , which are in that See , and for which the Reformed Kirks did separate from it , and come furth of Babell . From him certainely hath issued all this deluge which almost hath overturned all . We are therefore confident that your Lordships will by your meanes deale effectually with the Parliament , that this great firebrand be presently removed from his Majesties presence , and that he may be put to tryall , and put to his deserved censure according to the Lawes of the Kingdome , which sall be good service to God , honour to the King and Parliament ; terror to the wicked , and comfort to all good men , and to us in speciall , who by his meanes principally have beene put to so many and grievous afflictions , wherein we had perished , if God had not beene with us . We do indeed confesse that the Prelates of England have beene of very different humours , some of them of a more hot , and others of them , men of a more moderate temper , some of them more , and some of them lesse inclinable to Popery , yet what knowne truth , and constant experience , hath made undeniable , we must at this opportunity professe , that from the first time of Reformation of the Kirk of Scotland , not only after the comming of King Iames of happy memory into England , but before , the Prelates of England , have beene by all meanes uncessantly working the overthrow of our discipline , and governement . And it hath come to passe of late , that the Prelates of England having prevailed , and brought us to subjection in the point of Governement , and finding their long waited for opportunity , and a rare congruity of many spirits , and powers , ready to cooperate for their ends , have made a strong assault upon the whole externall worship , and doctrine of our Kirk . By which their doing they did not aime to make us conforme to England , but to make Scotland first ( whose weaknesse in resisting , they had before experienced , in the Novations of Governement , and of some points of Worship ) and thereafter England conforme to Rome , even in these matters , wherein England had seperated from Rome , ever since the time of Reformation . An evill therefore which hath issued , not so much from the person all disposition of the Prelates themselves , as from the innate quality and nature of their office , and Prelaticall Hierarchy , which did bring furth the Pope in ancient times , and never ceaseth till it bring furth Popish doctrine and worship , where it is once rooted , and the principles thereof fomented and constantly followed . And from that antipathy and inconsistency of the two formes of Ecclesiasticall governement , which they conceived , and not without cause , that one Iland united also under one head , and Monarch , wes not able to beare : the one being the same in all the parts and powers , which it wes in the times of Popery , and now is in the Roman Church : The other being the forme of Governement , received , maintained , and practised , by all the reformed Kirks , wherein by their owne testimonies , and confessions , the Kirk of Scotland had amongst them no small eminency . This also wee represent to your Lordships , most serious consideration , that not only the firebrands may be removed , but that the fire may be provided against , that there be no more combustion after this . FINIS . THE CHARGE OF THE SCOTTISH Commissioners against the Lieutenant of IRELAND . IN our Declarations we have joyned with Canterbury , the Lord Lieutenant of Ireland , whose malice hath set all his wits and power on work , to devise and doe mischiefe against our Kirke and Countrey . No other cause of his malice can we conceive , but first his pride and supercilious disdaine of the Kirk of Scotland , which in his opinion declared by his speeches , hath not in it almost anything of a Kirk , although the Reformed Kirks , and many other Divines of England , have given ample testimony to the Reformation of the Kirk of Scotland . Secondly , our open opposition against the dangerous innovation of Religion intended , and very farre promoved in all his Majesties dominions ; of which hee hath shewed himselfe , in his owne way no lesse zealous then Canterbury himselfe , as may appeare by his advancing of his Chaplain , D. Bramble not onely to the Bishoprick of Derry , but also to be Vicar generall of Ireland , a man prompted for exalting of Canterburian Popery , and Arminianisme , that thus himselfe might have the power of both swords , against all that should maintaine the Reformation ; by his bringing of D. Chappell , a man of the same spirit , to the Vniversity of Dublin , for poysoning the Fountaines , and corrupting the Seminaries of the Kirk . And thirdly , when the Primate of Ireland did presse a new ratification of the Articles of that Kirke , in Parliament for barring such novations in Religion , hee boldly menaced him with the burning , by the hand of the Hang-man , of that Confession , although confirmed in former Parliaments . When hee found that the Reformation begun in Scotland , did stand in his way , he left no meanes unessaied to rub disgrace upon us , and our cause . The peeces printed at Dublin , Examen conjurationis Scoticanae , the ungirding of the Scottish Armour : the Pamphlet bearing the counterfeit name of Lysimachus Nichanor ; all three so full of calumnies , slanders , and scurrilities against our Countrey , and Reformation , that the Jesuits in their greatest spite , could not have said more ; yet not onely the Authors were countenanced and rewarded by him , but the bookes must beare his name , as the great Patron both of the worke and workman . When the Nationall Oath and Covenant warranted by our generall Assemblies , was approved by Parliament in the Articles , subscribed in the Kings name , by his Majesties high Commissioner , and by the Lords of privie Counsell , and commanded to be sworne by his Majesties subjects of all rankes : and particular and plenary information was given unto the Lieutenant , by men of such quality , as hee ought to have beleeved , of the loyalty of our hearts to the King , of the lawfulnesse of our proceedings , and innocency of our Covenant , and whole course , that he could have no excuse : yet his desperate malice made him to bend his craft and cruelty , his fraud and forces against us . For first , he did craftily call up to Dublin some of our Country-men , both of the Nobility and Gentry , living in Ireland , shewing them , that the King would conceive and account them as conspirers with the Scots , in their rebellious courses , except some remedy were provided : and for remedy , suggesting his own wicked invention , to present unto him and his Councell , a petition , which he caused to be framed by the Bishop of Raphoe , and was seene and corrected by himselfe , wherein they petitioned to have an oath given them , containing a formall renunciation of the Scottish Covenant , and a deep assurance never so much as to protest against any of his Majesties commandements whatsoever . No sooner was this Oath thus craftily contriv'd , but with all haste it is sent to such places of the Kingdome where our Countrey-men had residence : and men , women , and all other persons , above the yeares of sixteen , constrained either presently to take the Oath , and thereby renounce their Nationall Covenant as seditious and trayterous , or with violence and cruelty to be haled to the jayle , fined above the value of their estates , and to be kept close prisoners , and so far as we know , some are yet kept in prison , both men and women of good quality , for not renouncing that Oath , which they had taken forty yeares since , in obedience to the King who then lived . A cruelty ensued which may parallell the persecutions of the most unchristian times : For weake women dragged to the Bench to take the Oath , died in the place , both mother and child : hundreds driven to hide themselves , till in the darknesse of the night they might escape by Sea to Scotland , whither thousands of them did flye , being forced to leave Corne , cattel , Houses , and all they possessed , to bee a prey to their persecuting enemies , the Lieutenants Officers . And some indited and declared guilty of High Treason , for no other guiltinesse but for subscribing our Nationall Oath , which was not onely impiety & injustice in it selfe , and an utter undoing of his Majesties subjects , but was a weakning of the Scots Plantation , to the prejudice of that Kingdome , and his Majesties service , and was a high scandall against the Kings honour , and intolerable abuse of his Majesties trust and authority : his Majesties Commission , which was procured by the Lieutenant , bearing no other penalty then a certification of noting the names of the refusers of the Oath . But this his restlesse rage and insatiable cruelty , against our Religion and Country , can not be kept within the bounds of Ireland . By his meanes a Parliament is called , And although by the sixe subsidies granted in Parliament not long before , and by the base meanes which himselfe and his Officers did use , as is contained in a late Remonstrance , that Land was extreamly impoverished , yet by his speeches , full of Oathes and Asseverations , that we were Traytors and Rebels , casting off all Monarchiall government , &c. he extorted from them foure new Subsidies , and indicta causa before wee were heard , procured that a Warre was undertaken , and forces should be leavied against us as a Rebellious Nation , which was also intended to be an example and Precedent to the Parliament of England for granting subsidies , and sending a joynt Army for our utter ruine . According to his appointment in Parliament , the army was gathered , and brought downe to the Coast , threatning a daily invasion of our Countrey , intending to make us a conquered Province , and to destroy our Religion , Liberties , and Lawes , and thereby laying upon us a necessity of vast charges , to keepe forces on foot on the West Coast to waite upon his comming . And as the Warre was denounced , and forces leavied before wee were heard . So before the denouncing of the Warre , our ships , and goods on the Irish Coast were taken , and the owners cast in Prison , and some of them in Irons . Frigats were sent forth to scoure our Coasts , which did take some , and burne others of our Barkes . Having thus incited the Kingdome of Ireland , and put his forces in order there against us , with all haste he commeth to England . In his parting , at the giving up of the Sword , he openly avowed our utter ruine and desolation , in these or the like words . If I returne to that honourable Sword I shall leave of the Scots neither root nor branch . How soone he commeth to Court , as before he had done very evill offices against our Commissioners , cleering our proceedings before the point ; So now he useth all meanes to stirre up the King and Parliament against us , and to move them to a present warre , according to the Precedent , and example of his owne making in the Parliament of Ireland . And finding that his hopes failed him , and his designes succeeded not that way , in his nimblenesse he taketh another course , that the Parliament of England may be broken up , and despising their wisdome and authority , not onely with great gladnesse accepteth , but useth all means that the conduct of the Army , in the expedition against Scotland , may be put upon him ; which accordingly he obtaineth as generall Captaine , with power to Invade ; kill , slay , and save at his discretion , and to make any one , or moe Deputies in his stead , to doe , and execute all the power and authorities committed to him . According to the largenesse of his Commission , and Letters patents of his devising , so were his deportments afterwards ; for when the Scots , according to their Declarations sent before them , were comming in a peaceable way , farre from any intention to invade any of his Majesties Subjects , and still to supplicate his Majesty for a setled peace , he gave order to his officers to fight with them on the way , that the two Nations once entred in blood , whatsoever should be the successe , he might escape tryall and censure , and his bloody designes might be put in execution against his Majesties subjects of both Kingdomes . When the Kings Majesty was againe enclined to hearken to our petitions , and to compose our differences in a peaceable way , and the Peeres of England conveened at Yorke , had , as before in their great wisedome and faithfulnesse given unto his Majesties Counsels of peace , yet this firebrand still smoaketh : and in that honourable Assembly , taketh vpon him to breath out threatnings against us as Traytors , and enemies to Monarchicall government , That we be sent home againe in our blood , and he will whip us out of England . And as these were his Speeches in the time of the treaty , appointed by his Maiesty at Rippon , that if it had beene possible , it might have beene broken up . So when a Cessation of Armes , was happily agreed vpon there , yet he ceaseth not , but still his practises were for warre , His under Officers can tell who it was that gave them Commission to draw neere in Armes beyond the Teese , in the time of the treaty at Rippon . The Governour of Barwicke and Carlile can shew , from whom they had their warrants for their acts of Hostility , after the Cessation was concluded . It may be tryed how it commeth to passe , that the Ports of Ireland are yet closed , our Countrey-men for the Oath still kept in prison , Traffique interrupted , and no other face of affaires , then if no cessation had been agreed upon . We therefore desire that your Lordships will represent to the Parliament , that this great Incendiarie upon these , and the like offences , not against particular persons , but against Kingdomes , and Nations , may be put to a tryall , and from their knowne , and renowned justice , may have his deserved punishment . 16 Decemb. 1640. THE SCOTTISH Commissioners Demand concerning their sixt ARTICLE . COncerning our Sixt demand , although it hath often come to passe , that these who have beene joyned by the bonds of Religion , and Nature , have suffered themselves to be divided about the things of this World ; And although our Adversaries , who no lesse labor the division of the two Kingdomes , then we doe all seeke Peace , and follow after it , as our common Happinesse , doe presume that this will be the Partition wall , to divide us , and to make us lose all our labours taken about the former Demand , Wherein by the helpe of God , by his Majesties Princely goodnesse , and Iustice , and your Lordships noble , and equall dealing , We have so fully accorded , & to keep us from providing for a firme and weell grounded Peace , by the wisdome , and justice of the Parliament of England , which is our greatest desire expressed in our last Demand . We are still Confident , that as we shall concerning this Article represent nothing but what is true , Iust , and Honourable to both Kingdomes ; So will your Lordships hearken to us , and will not suffer your selves , by any slanders , or suggestions , to be drawne out of that straight and safe way wherein yee have walked since the beginning . IT is now Wee suppose knowne to all England , especially to both the Honourable Houses of Parliament , And by the occasion of this Treatie , more particularly to your Lordships , That our distresses in our Religion , and Liberties , were of late more pressing then We were able to beare , That our Complaints and Supplications for redresse , were answered at last with the terrours of an Army ; That after a Pacification greater Preparations were made for warre , whereby many Acts of Hostilitie were done against us , both by Sea and Land ; The Kingdome wanted administration of Iustice , and Wee constrained to take Armes for our defence ; That we were brought to this extreame , and intollerable necessity , either to maintaine divers Armies upon our borders against Invasion from England , or Ireland , still to be deprived of the benefit of all the Courts of Iustice , and not onely to maintaine so many thousands as were spoiled of their ships , and goods , but to want all Commerce by Sea , to the vndoing of Merchants , of Saylors , and many others who lived by Fishing , and whose callings are vpholden from hand to mouth by Sea trade : Any one of which evils is able in a short time to bring the most potent Kingdome to Confusion , Ruine and Desolation , how much more all the three at one time combined to bring the Kingdome of Scotland to be no more a Kingdome : Yet all these behoved Wee either to endure , and vnder no other hope , then of the perfect slavery of our selves , and our posterity in our Soules , lives , and Meanes ; Or to resolve to come into England , not to make Invasion , nor with any purpose to fight , except we were forced , God is our Iudge , our actions are our witnesses , and England doth now acknowledge the truth , against all suspitions to the contrary , and against the impudent lyes of our Enemies , But for our reliefe , defence , & preservation which we could find by no other meanes , when we had essayed all meanes , and had at large expressed our pungent , and pressing necessities , to the Kingdome , and Parliament of England . Since therefore the war on our part ( wch is no other but our comming into England with a guard ) is defensive , and all men doe acknowledge , that in common equity , the defendant should not be suffered to perish in his just and necessary defence , but that the pursuer , whether by way of Legall Processe in the time of Peace , or by way of violence , and unjust invasion in the time of warre , ought to beare the charges of the defendant . We trust that your Lordships will thinke that it is not against reason for us to demand some reparation of this kind , and that the Parliament of England by whose Wisdome and Iustice wee have expected the redresse of our wrongs , will take such course , as both may in reason give us satisfaction & may in the notable demōstration of their Iustice serve most for their owne honour . Our earnestnesse in following this our Demand , doth not so farre wrong our sight , and make us so undiscerning , as not to make a difference betweene the Kingdome , and Parliament of England , which did neither decerne nor set forward a Warre against us , And that Prevalent faction of Prelats and Papists who have moved every stone against us , and used all sorts of meanes not onely their counsells , Subsidies and forces , but their Kirk Canons , and prayers for our utter Ruine , which maketh them obnoxious to our just accusations , and guilty of all the losses , and wrongs , which this time past wee have sustained : Yet this wee desire your Lordships to consider , That the Estates of the Kingdome of Scotland being assembled , did endeavour by their Declarations , Informations , and Remonstrances , and by the proceedings of their Commissioners , to make knowne unto the Counsell , Kingdome , and Parliament of England , and to forewarne them of the mischiefe intended against both Kingdomes , in their Religion , and Liberties , by the Prelates , and Papists , to the end , that our Invasion from England might have beene prevented , if by the Prevalencie of the faction it had beene possible . And therefore wee may now with the greater reason , and confidence presse our Demand , That your Lordships , the Parliament , the Kingdome , and the King himselfe may see us repared in our losses at the cost of that faction by whose meanes we have sustained so much dammage , And which , except they repent , will find sorrow recompenced for our griefe , Torments for our toyle , and an infinite greater losse for the Temporall losses , they have brought upon a whole Kingdom , which was dwelling by them in Peace . All the devices and doings of our common enemies were to beare downe the Truth of Religion , and the just liberties of the Subjects in both Kingdomes . They were confident to bring this about one of two wayes : Either by blocking us up by Sea & Land to constraine us to admit their will for a Law both in Kirk , and policy , and thus to make us a Precedent for the like miserie in England , or by their Invasion of our Kingdome to compell us furiously , and without order , to break into England , that the two Nations once entred into a bloody Warre , they might fish in our troubled Waters , and catch their desired Prey . But as wee declared before our comming . Wee trusted that God would turne their Wisedome into foolishnesse , and bring their devices upon their owne Pates , by our Intentions , and Resolutions to come into England as among our Brethren , in the most peaceable way that could stand with our safety , in respect of our common Enemies , to present our Petitions for setling our Peace , by a Parliament in England , wherein the Intentions and Actions , both of our Adversaries , and ours might be brought to light , The Kings Majesty , and the Kingdome rightly informed , The Authors , and Instruments of our divisions , and troubles punished , All the mischiefes of a Nationall , and doubtfull Warre prevented , and Religion , and Liberty with greater Peace , and Amity then ever before established , against all the Craft and violence of our enemies . This was our Declaration before wee set our foot into England , from which our deportments since have not varied . And it hath bin the Lords wonderfull doing , by the wise Counsels , and just proceedings of the Parliament , to bring in a great part to passe , and to give us lively hopes of a happy Conclusion : And therefore wee will never doubt , but that the Parliament in their Wisedome and Justice , will provide that a proportionable part of the Cost , and charges of a worke so great and so comfortable to both Nations bee borne by the Delinquents there , that with the better Conscience the good People of England may sit under their owne Vines , and Figtrees , Refreshing themselves , although upon our greater Paines and Hazard , yet not altogether upon our cost and charges , which we are not able to beare . The Kingdome of England doth know and confesse , that the Innovation of Religion and Liberties in Scotland , were not the principall designe of our common Enemies , but that both in the intention of the Workers , whose zeale was hottest for setling their devices at home : And in the Condition of the Worke , making us whom they conceived to be the weaker for opposition , to bee nothing else but a leading case for England . And that although by the power of GOD , which is made perfect in weaknesse , they have found amongst us greater resistance , then they did feare , or either they or our selves could have apprehended ; Yet , as it hath beene the will of God that wee should endure the heate of the day ; So in the Evening the pretious wages of the vindication of Religion , Liberties , and Lawes are to be received by both Kingdoms , and will enrich wee hope to our unspeakable Joy , the present Age , and the Posteritie with Blessings that cannot bee vallued , and which the good People of England esteeme more then Treasures of Gold , and willingly would have purchased with many thousands . Wee doe not plead that Conscience and Piety have moved some men to serve GOD upon their owne cost , and that Justice and Equity have directed others , where the Harvest hath been common to consider the paines of labouring , and the charges of the Sowing , yet this much may we say , that had a forraine Enemy , intending to reduce the whole Island into Popery , made the first assault upon our weaknesse , Wee nothing doubt , but the Kingdome of England , from their desire to preserve their Religion , and Liberties , would have found the way to beare with us the expense of our resistance , and lawfull defence , how much more being Invaded , although not by England , yet from England , by common enemies , seeking the same ends , wee expect to be helped and relieved . Wee will never conceive that it is either the will , or the well and honour of England , that wee should goe from so blessed a worke after so many grievous sufferings , bearing on our backs the insupportable burdens of worldly necessities , and distresses , return to our countrey empty , and exhausted , in which the people of all Rankes , Sexes , and conditions , have spent themselves . The possessions of every man , who devoted himselfe heartily to this cause , are burdened , not onely with his own Personall , and particular expense , but with the publike , and common charges ; Of which if there bee no reliefe , neither can our Kingdome have peace at home , nor any more credit for Gommerce abroad : Nor will it bee possible for us , either to aide , and assist our friends , or to resist and oppose the restlesse , and working wickednesse of our Enenemies : The best sort will lose much of the sweetnesse of the enjoying of their Religion , and Liberties , and others will run such wayes , and undirect courses ; as their desperate necessities will drive them into . Wee shall be but a burthen to our selves , a vexation unto others , of whose strength we desire to be a considerable part , and a fit subject for our Enemies to worke upon for obtaining , their now disappointed , but never dying desires . Wee will not alledge the example of other Kingdomes , where the losses of necessarie and just defence had been repaired by the other party , Nor will wee remember what helpe wee have made according to our abilities to other reformed Kirks , And what the Kingdome of England of old , and of late hath done to Germany , France , and Holland , Nor doe we use so many words , that England may be burthened , and we eased , or that this should be a matter of our Covetousnesse , and not of their Justice , and kindnesse ; Justice , in respect of our Adversaries ) who are the causes of the great misery and necessity , to which wee have been brought : kindnesse , in the supply of our wants , who have beene tender of the welfare of England as of our own , that by this equality and mutuall respect , both Nations may be supported in such strength , and sufficiencie , that wee may bee the more serviceable to his Majesty , and abound in every good work , both towards one another , and for the comfort and reliefe of the reformed Kirks , beyond the Seas , that we may all blesse God , and that the blessing of God may be upon us all . The English Peeres demand concerning the Preceeding Articles . Whether this be a positive demand , or onely an Intimation of the charge , thereby to induce the Kingdome of England , to take your distressed estate into consideration , and to afford you some friendly assistance . The Scottish Commissioners answer to this Demand . Wee would be no lesse willing to bear our losses if wee had abilitie , then wee have beene ready to undergoe the hazard ; But because the burthen of the whole doth farre exceed our strength , Wee have ( as is more fully conceived in our Papers ) represented to your Lordships , our charges , and losses , not intending to demand a totall Reparation , but of such a proportionable part , as tha . wee may in some measure beare the remanent , which wee conceive your Lordships ( having considered our reasons ) will judge to bee a matter , not of our Govetousnesse , but of the said Justice , and kindnesse of the Kingdome of England . Proposition of the Peeres to proceed to the other Demands during the debate of the Scottish losses . That in the Interim whilst the houses of Parliament take into consideration , you demand of losses , and dammages , you proceed to settle the other Articles of the peace , and Incourse betwixt the two Kingdomes . Answer to the Peeres Demand . Wee have represented our losses , and thereby our distressed Condition ingenuously , and in the singlenesse of our hearts , with very great moderation , passing over many things which to us are great Burthens , That there might be no difficulty , nor cause of delay on our part , hoping that the Honourable Houses of Parliament , would thereby be moved at their first Conveniencie to take the matter to their consideration . We doe not demand a totall Reparation , Nor doe we speake of the payment , till wee consult about the setling of a solid peace , at which time the wayes of lifting and paying the money , may be considered ; Wee doe onely desire to know what proportion may be expected . That this being once determined , and all impediments , arising from our by-past troubles , removed , Wee may with the greater confidence , and more hearty consent on both sides proceed to the establishing of a firme and durable peace for time to come . It is not unknowne to your Lordships , what desperate desires , and miserable hopes our Adversaries have conceived of a a breach upon this Article ; And we doe foresee what snares to us , & difficulties to your Lordships may arise upon the postponing and laying aside of this Article to the last place . And therefore that our Adversaries may be out of hope , and we out of feare , and that the setling of peace may be the more easie : We are the more earnest , that as the former Articles have bin , so this may be upon greater reasons considered in its owne place , and order . Your Lordships upon the occasion of some motions made heretofore of the transposing of our Demands , doe know , that not onely the substance , but the order of the propounding of them , is contained in our Instructions . And as we can alter nothing without warrand , the craving whereof will take more time then the Houses of Parliament will bestow upon the consideration of this Article , So are wee acquainted with the reasons yet standing in force , which moved the ordering of this Demand . And therfore let us still be earnest with your Lordships , that there be no halting here , where the Adversaries did most , and we did least of all , by reason of the Iustice , and kindnesse of the houses of Parliament expect it . Answer of the Parliament to the preceding Demand . Resolved upon the Question . THat this House thinke fit , that a friendly assistance and reliefe shall be given towards supply of the losses , and necessities of the Scots , and that in due time this House will take into consideration the measure and manner of it . The Scottish Commissioners Answer . AS wee doe with all thankfulnesse receive the friendly , and kind resolution of the Parliament concerning our sixt Demand , And doe therein acknowledge your Lordships noble dealing , for which wee may assure that the whole Kingdome of Scotland will at all occasions expresse themselves in all respect , and kindnesse , So doe wee entreat your Lordships to represent to the Parliament our earnest desire , that they may bee pleased , how soone their conveniencie may serve , to consider of the proportion , wishing still , that as wee expect from our friends the Testimonies of their kindnesse and friendly assistance , So the justice of the Parliament may be declared , in making the burden more sensible to the Prelats , and Papists ( our enemies , and Authors of all our evills ) then to others , who never have wronged us ; Which will not only give unto us , and the whole Kingdome of Scotland , the greater satisfaction , But will also ( as wee doe conceive ) conduce much to the honour of the Kings Majesty and Parliament . Wee doe also expect that your Lordships will bee pleased to report unto us the Answer of the Parliament , that wee may in this , as in our former Articles , give accompt to those who sent us . The Peeres Demand upon the above written Answer . VVEE desire to understand , since ( as wee conceive ) the particulars are like to require much time , whether wee may not from you let the Parliament know , That ( whilest they are debating of the Proportion , and the wayes how their kinde assistance may bee raised ) you will proceed to the agreeing of the Articles of a firme and durable peace , that thereby both Time may bee saved , and both sides proceed mutually with the greater cheerfulnesse and alacrity . The Scottish Commissioners Answer to the preceding Demand . AS we desire a firme peace , so it is our desire that this peace may bee with all mutuall alacrity speedily concluded . Therefore let us entreat your Lordships to shew the Parliament from us , that how soone they shall be pleased to make the proportion knowne to us , that wee may satisfie the expectation of those who have entrusted us , ( which we conceive may be done in a short time , since they are already acquainted with all the particulars of our Demand ) wee shall stay no longer upon the manner and wayes of raising the assistance , which may require a longer time : And yet wee trust will be with such conveniencie determined , as may serve for our timous reliefe , But remitting the manner and wayes to the oportunities of the Parliament , shall most willingly proceed to the Consideration of the following Articles , Especially to that which wee most of all desire , a firme and blessed peace . Ianuar. 16. Resolved on the Question ? THAT this House doth conceive , that the summe of three hundreth thousand pounds is a fit proportion for that friendly assistance and reliefe , formerly thought fit to bee given , towards the supply of the losses and necessities of our Brethren of Scotland . And that this House will , in due time , take into consideration the manner how , and the time when , the same shall be raised . Answer of the Scots Commissioners . VVE intreat your Lordships , whose endeavors God hath blessed in this great work , to make knowne to the Parliament , that We doe no lesse desire to shew our thankfulnesse for their friendly assistance and reliefe , then We have been earnest in demanding the same . But the thankfulnesse which We conceive to be due , doth not consist in our affections or words at this time ; but in the mutuall kindnesse , and reall demonstrations to bee expected from the whole kingdome of Scotland in all time comming : and that not onely for the measure and proportion , which the Parliament hath conceived to bee fit ; and which ( to begin our thankfulnesse now ) We doe in name of the whole Kingdome cheerfully accept of , but also for the kinde and Christian manner of granting it unto us , as to their Brethren , which addeth a weight above many thousands , and cannot bee compensed but by paying their reciprocall love and duty of Brethren . And for the resolution to consider in due time of the raising of the same for our reliefe , which also maketh the benefit to be double . This maketh us confident that God ( whose working at this time hath been wonderfull ) hath decreed the peace and amity of the two Kingdomes , and will remove all ●ubbes out of the way , that our enemies will at last despaire to divide us , when they see that God hath joyned us in such a fraternity . And that divine Providence will plentifully recompence unto the Kingdome of England , this their justice and kindnesse , and unto Scotland all their losses , which shall not by these and other means amongst our selves be repaired , but by the rich and sweet blessings of the purity and power of the Gospell , attended with the benefites of an happy and durable peace under his Majesties long and prosperous reigne , and of his royall posterity to all generations . FINIS . 
A35718	----	The Lord Strange his demands propounded to the inhabitants of the town of Manchester concerning a pacification and laying down of armes : with the valiant answer and resolution of the commanders and souldiers in denying and withstanding the said demands : also the names of the Scots elders and ministers chosen by the commissioners of Scotland to be sent to the Assembly of Divines appointed by the Parliament to be holden at London for the setling of religion. This text is an enriched version of the TCP digital transcription A35718 of text R20496 in the English Short Title Catalog (Wing D1091A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A35718 Wing D1091A ESTC R20496 12293548 ocm 12293548 58945 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35718) Transcribed from: (Early English Books Online ; image set 58945) Images scanned from microfilm: (Early English books, 1641-1700 ; 248:E121, no 25) The Lord Strange his demands propounded to the inhabitants of the town of Manchester concerning a pacification and laying down of armes : with the valiant answer and resolution of the commanders and souldiers in denying and withstanding the said demands : also the names of the Scots elders and ministers chosen by the commissioners of Scotland to be sent to the Assembly of Divines appointed by the Parliament to be holden at London for the setling of religion. Derby, James Stanley, Earl of, 1607-1651. [2], 6 p. Printed for Th. Cook, London : October 8, 1642. Reproduction of original in Thomason Collection, British Library. eng Derby, James Stanley, -- Earl of, 1607-1651. Scotland. -- Parliament. Westminster Assembly (1643-1652) Manchester (England) -- History -- Siege, 1642. A35718 R20496 (Wing D1091A). civilwar no The Lord Strange his demands: propounded to the inhabitants of the town of Manchester, concerning a pacificction [sic], and laying down of a [no entry] 1642 1001 1 0 0 0 0 0 10 C The rate of 10 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2006-09 TCP Assigned for keying and markup 2006-09 Aptara Keyed and coded from ProQuest page images 2006-10 Mona Logarbo Sampled and proofread 2006-10 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE LORD STRANGE HIS DEMANDS : Propounded to the Inhabitants of the Town of MANCHESTER , concerning a pacificction , and laying down of Armes : WITH The valiant Answer and Resolution of the Commanders and Souldiers , in denying and withstanding the said Demands . ALSO The names of the Scots Elders and Ministers chosen by the Commissioners of Scotland to be sent to the Assembly of Divines appointed by the Parliament to be holden at London for the setling of Religion . LONDON , Printed for Th. Cook . October 8. 1642. THE LORD STRANGE his Demands of the Inhabitants of MANCHESTER . Also a Catalogue of th●se Elders and Ministers that were chosen by the Commissioners of the Generall Assembly of Scotland , to be sent to the Assembly of Divines in England . THe late Lord Strange , now Earle of Darby , having strongly besieged the towne of Manchester in the County Palatine of Lancaster , and lien before it with his Forces , to the number of two thousand Foot and six hundred horse , with 8. or 9. Peeces of Ordnance , from the four and twentieth of September to this present , since which time many shot have been discharged on both sides ; the Lord Strange planted his Ordnance in two severall places , and plaid very fiercely upon the Towne , and so hath continued night and day ever since , but hath done very little or no harme ! his Musketiers have made many furious assaults against the town , and were as bravely withstood by those of the towne , who most couragiously defended their works , & made good their quarters against the enemy , beating them off , and killing above an hundred of them ( among which were some Commanders of note ) without the losse of one man . His Lordship seeing that by force he could not prevaile against the towne , hee sent a messenger to desire 〈◊〉 parley with the inhabitants of the towne , but they would not condescend unto it , till after foure or five messages from his Lordship , and then they agreed that there should bee a cessation of Armes on both sides , from tuesday in the afternoone , till seven of the clock the next day ; in the mean while the L. Strange propounded these demands following : 1. That they would lay downe their armes , and deliver them up to his Lordship . 2. That he might march through the town with his Army , which were both denied . 3. That they would deliver him a thousand pound in money . 4. Then he demanded but two hundred Muskets . 5. Seeing none of these would be granted , rather then be frustrate in all his demands , in his last message he desired but fifty Muskets , and he would raise his siege and leave the town . After some debate and serious consultation concerning these demands between the Commanders and common souldiers , a peremptory and resolute answer was returned his Lordship by the unanimous consent of them all , that he should not have so much as a sword . The towne hath now held out a complete fortnight , and still continues with an undaunted resolution to stand it 〈◊〉 against him . Many of his souldiers run away , and confesse they have neither meat nor money , but what they get by robbing . Captain Bradshaw hath behaved himselfe most valiantly , to his everlasting renown . The enemy have discharged their Ordnance above three hundred times , and the Musketiers have done what they could , and yet have we not lost one person in the fight , but a boy unarmed standing upon a stile , but the townsmen have killed above a hundred , and taken eighty prisoners of the enemies . A Catalogue of the Elders and Ministers of Scotland appointed by the Commissioners to be sent to the Assembly of Divines in England for setling of Religion . CErtain Letters are sent from Scotland to the Parliament , and read in the House of Commons , directed to the Lord and Commons now assembled in the high Court of Parliament of England , in manner of a Remonstrance , wherein they did declare the sense that they have of the great distractions and distempers of this Kingdome , tending to the subversion of the long established government thereof , and the confusion of the whole State , and in the end would prove the distruction of that their Kingdome of Scotland ; and therefore the Lords and Commons of that Kingdome are resolved to present a Petition to His Majesty , with such reasons as they conceive may move him to an accommodation of peace & agreement with both his Houses of Parliament ; but if the same should be rejected , they are resolved to assist the Parliament with force of armes , to defend their just cause , and to bring all delinquents and incendiaries that have disturbed the peace of the Kingdome , and caused these troubles , to condigne punishment , which the House with great joy and much thankfulnesse accepted of . The Parliament seeing distractions 〈◊〉 divisions , and schismes to be crept into the Church , have made choice of an assembly of divers reverend and learned Divines for the setling and reforming of Religion : and the Commissioners of the generall Assembly of Scotland have made choice of three Elders , and six Ministers to be present at the Assembly of Divines here in England . The Elders are The Earle of Cassells . Lord Maitland . Sir Archibald Johnston The Scots Ministers are , M. Henderson . M. Douglasse . M. Rutherfurd . M. Bayly . M. Gelaspe . M. Borthvicke . FINIS . 
A02833	----	An aduertiseme[nt] to the subjects of Scotland of the fearfull dangers threatned to Christian states; and namely, to Great Britane, by the ambition of Spayne: with a contemplation, of the truest meanes, to oppose it. Also, diverse other treatises, touching the present estate of the kingdome of Scotland; verie necessarie to bee knowne, and considered, in this tyme: called, The first blast of the trumpet. Written by Peter Hay, of Naughton, in North-Britane. Hay, Peter, gentleman of North-Britaine. 1627 Approx. 490 KB of XML-encoded text transcribed from 82 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A02833 STC 12971 ESTC S118431 99853638 99853638 19031 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A02833) Transcribed from: (Early English Books Online ; image set 19031) Images scanned from microfilm: (Early English books, 1475-1640 ; 1176:07) An aduertiseme[nt] to the subjects of Scotland of the fearfull dangers threatned to Christian states; and namely, to Great Britane, by the ambition of Spayne: with a contemplation, of the truest meanes, to oppose it. Also, diverse other treatises, touching the present estate of the kingdome of Scotland; verie necessarie to bee knowne, and considered, in this tyme: called, The first blast of the trumpet. Written by Peter Hay, of Naughton, in North-Britane. Hay, Peter, gentleman of North-Britaine. [14], 144, [4] p. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2004-01 TCP Assigned for keying and markup 2004-02 Aptara Keyed and coded from ProQuest page images 2004-03 Emma (Leeson) Huber Sampled and proofread 2004-03 Emma (Leeson) Huber Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion AN ADVERTISEMENT To the Subjects of Scotland , Of the fearfull Dangers threatned to Christian States ; And namely , TO GREAT BRITANE , by the Ambition of SPAYNE : With a Contemplation , of the truest Meanes , to oppose it . Also , Diverse other TREATISES , Touching the present estate of the KINGDOME of SCOTLAND ; Verie necessarie to bee knowne , and considered , in this Tyme : CALLED , The First Blast of the Trumpet . WRITTEN by PETER HAY , of NAVGHTON , IN NORTH-BRITANE . IN ABERDENE , PRINTED BY EDWARD RABAN Cum Privilegio . 1627. BON. ACCORD Insignia Vrbis abredonie , TO THE MOST ROYALL , AND MIGHTIE MONARCH , CHARLES , BY THE GRACE OF GOD , KING OF GREAT BRITANE , FRANCE , and IRELAND , Defender of the Fayth . MOST Gracious , and most Sacred Soveraigne , This Tyme , and This Subject , doe joyne and meete so vvell together , that it is novv , if ever ; and in this , if in anie thing , that I dare be bolde expresse the desire I haue to doe service to Your Majestie , and to my Countrey . I vvish the occasion had not beene so faire for venting 〈◊〉 ambition ; but rather that it had lyen buried in my Breast , and I my selfe had beene vnknovvne of Your Majestîe to my liues ende . But GOD , vvho putteth Marches to Peace and Warres , and periods to Tyme ; and ●vho hath His apt and proper Instruments , for everie disposition of Tyme ; HEE hath encouraged mee , to offer to Your Majestie , this Treatise , as a necessarie , and vsefull Inter-course of this Tyme . I did stryue , so much as I could , to make it short ; but by reason of so manie Histories , Discourses , and Examples , as vvere to bee pertinentlie and profitablie brought in , I could not confyne it to a more narrovv Compend . And yet , vvhen Your Majestie shall consider it , it vvill bee found minus mole , quam facultate , a great deale lighter in Paper , than in Matter : For vvhy ? It contayneth the large Extent and Misteries of the Spanish Ambition , vvith a Contemplation of the truest Contrapoyse to bee made therevnto by Neighbour States ; Graue and Weightie Theorems indeede , but vvhich fevv of them doe speculate so deeplie as neede vvere ; the greatest part beeing vvhollie carried to things sensible , present , and of nearest commoditie to them-selues in particular , al-be-it it should import a manifest danger to their Common-peace and Prosperitie : vvithout the care , and curious mayntaynance vvhere-of , neyther can anie one of Them flovvrish by it selfe , nor yet the most flovvrishing , long endure . Farther , SIR , Heere are contayned diverse Purposes and Passages , touching The present estate of this Kingdome of SCOTLAND , most expedient for avvaking Your Majesties Subjects , to looke to that vvhich the great exigence of this Tyme doeth require at their Handes ; together vvith a varietie of delicate Conceits , verie fit to season both the Understanding and Humour of a young PRINCE : and those not hatched in my Braynes , but sought , and sucked by me , from the richest Hyues of Politicke Wits , vvhich haue beene committed to Registers in anie Age gone . Heere also is contayned , A new Reason , brought from the mysticall Theologie , for the holinesse and perfection of the number 10 ; and vvhy GOD did choose it to be the Quotient of the Ecclesiasticke Goods , in the Leviticall Churches . So that if Your Majestie shall vouchsafe to reade it once , I haue good hope that Ye shall do● it tvvise , al-be-it I knovv , that it is not Your Majesties Calling , to cast over Bookes , Tu regere imperio popul . Rom. mem . hae tibi erunt artes : but such Bookes doe belong vnto that same Arte. Demetrius Phalereus did counsell King Proleme , to buy all Bookes vvritten , de regno imperioque eosque lectitaret , quia ( inquit ) quae amici non audent Reges monere , ea in ejusmodi libris descripta esse . Alexander the Great did sleepe vvith Homer's Poësies vnder his head . Iulius Caesar , amidst the combustion of bloodie Warres , did spende most part of nights , in reading and vvryting . Therefore , SIR , let it please Your Majestie , to take paynes , remembring hovve the same Homer , vvhome that great Monarch did so affect , and vvhome the Philosophs esteemed to be A source of humane Sciences , hee hath left this Aphorisme for a King , Non decet Principem solidam dormire noctem : A Prince must not take a vvhole nights sleepe . A thing vvell proved by that Arch-Prince for civill vvisdome , Augustus , vvho vvhyles at a certaine tyme hee could not rest in the night , having his mynde loaden vvith anxieties and cares of the State , hee sent for the pillovv of a knovvne Bancq-ruptier , greatlie indebted , vvho vvas reported to sleepe vvell . GOD hath called Your Majestie vp in-to this Mountayne of Paynfull Governament ; not lyke vnto Helias , vvho vvhyles hee vvent vp , too much delyted vvith the pleasant vmbrage of the Iunopre Tree , hee fell a-sleeping there-by : But lyke to Moses , to vvhome it vvas sayde , Ascende in Montem , & esto ibi . Upon vvhich vvordes , Esto ibi , another doeth vvell note , Non dicitur venisse , qui non steterit . Wee doe not reade that Moses sleeped in that Voyage to the Mountayne : It vvas a significant Hyerogliffe , vvhich the Aegyptians had of a King , Oculum cum Sceptro , One Eye , and one Scepter : Shevving , that Princes are to joyne Vigilance vvith Power ; and ought to haue Aquiline Eyes , able to penetrate the hidden thinges of the Vulgar Valleyes belovve them : Even as the Eagle doeth espy the Prey vnder him , before him-selfe can bee perceived of Fowles . Nazianzen , speaking of Governament , he sayeth , it is , Ars artium , to rule a People : And Seneca , speaking of Man , Nullum morosius animal , nec majori arte tractandum ; There is not a more enorme and insolent Creature than Man , nor vvhich is to bee managed vvith more cunning . And , as Plutarch sayeth , That as Beasts can not bee guided , nor commanded , but by Men ; So Men cannot bee governed , but by Him vvho is more than a Man , and hath a great measure of Deitie into Him. Certaynlie Your Majestie hath neede of Eyes vnder Wings , as is sayde of the Spanish Cuttuio ; that Yee might flie abroade , to explore the manners of Your Subjects , and malice of Your Enemies : to see that no Backe-doore bee left for those to enter at , nor no Fielde commodious , vvhere they may cover their insidious Nettes : but that the vvhole Sea of Your Majesties Governament bee calme and peaceable : vnderstanding hovv the Spanyard is skilfull to fish in drumblie Waters . Hee can practise as vvell Protestants as Papists , if hee finde them loose and vvavering . Which particular Your Majestie vvill see examplified in this Treatise : besides Testimonies of French Wryters , vvhich might bee suspected of Partialitie , and malicious detraction , it is verefied by naturall Spaniards , namelie , Antonio Peres , vvho vvas a chiefe Secretarie of Estate , vnder Philip the second ; and vvhose Relation in some thinges touching the sayde King , and Estate of Portugall , I haue trusted , and follovved , for tvvo respects : First , Because none could haue knovvne those better : and secondlie , Because hee did handle the lyke Theame to this , by vvay of shovving to King Henrie the fourth of France , the necessitie of making Warres to Spayne . Your Majestie knovveth , that it vvas a braue Embleme for Kings , vvhich Cyrus had , of putting his foote vpon the midst of a hard and dry hyde , vvhere-by he kept it close at earth : for if he had set his foot vpō the borders , or extremities thereof , the vvhole should haue revolted : to note the Golden Rule of the Mid-way in Governament , & forbearing of Extremities : and to shovv , that Kingdoms are never sure to Princes , vntill they be in the middest of the Hearts of their People , and guarded round about vvith their Affections . Your Majestie seeth hovv the example of David is a perspicuous Mirrour for Kings to looke vnto ; of vvhom vve reade , 2. Sam. 7. When the king sate in his house , and the LORD had given him rest round about from all his enemies , he said vnto Nathan the Prophet , Beholde , Idwell in a house of Cedar trees , & the Arke of God remaineth within the Curtaines . Hee resolved to provide for building of the Lord's House : Therefore , can vvee not deny , Sir , that the Orient of Your Majesties Reigne , doeth breake vp in just & holy Actions , in favours of the House of GOD , by setting out a Navie against the mightie Enemies of Christian Peace , and true Religion ; and by vvhom the over-throvv there-of hath bene so directly sought in these Your Majesties Kingdomes , that numbers of vs yet liue , vvho did see their proude Armada , put even to the parts of our Countrey for that ende . Your Majesties Intentions at Home , to restore the Mayntaynance and Splendor of God's Worship , doe argue the like zeale : and vvho doubteth , but God vvill grant to Your Majestie the same spirit of wisdome , vvith David , rightly to choose your tymes , for offices of Peace , & offices of warres . The prudence , and happie successes of Actions , doe consist in discret & sure application of Circumstances . With a little Tyme & Patience , your M. vvill get your good Subjects , not only to contribute after your desires , to the House of the Lord , to the Cōmon-wealth , & vvorks of Pietie ; but to doe it vvillingly , as those Israelits did vnto David , 1. Chron. 29. Then the people rejoyced , for that they offered willingly ; because with a perfect heart they offered willinglie to the Lord. And David the king also rejoyced with great joye . And then , Sir , their Sacrifices shall bee savorie vnto God , vvhen they come not from Hearts dyed into Murmuration , Grudge , or Blacknesse , like vnto the Swan , vvhich for the same cause vvas anciently forbidden to bee sacrificed to the gods . I doe most humbly recōmend these my Christian Endevours to your M. patronage & protection . If they be acceptable to your M. I hope they shall displease none of your faithful Subjects . If they doe not fully correspond the judicious quicknesse of your M. great spirit , it is not my fault ; my smal Vessell could hold no more . The Lord , vvho is the giver of all good thinges , and vvho hath sovven into your M. Heart these Seedes of Royall Pietie and Vertue , Hee may be pleased to nourish them , vvith the daylie influence of His Grace ; vntill they grovv to that glorious and fruitfull Harvest , vvhich they doe novv prognosticate and promise in their Spring . That God , vvho hath set your M. over a great and mightie People , Hee may blesse your M. vvith the true vvisdome of Governament , the trustinesse of faythfull Counsellers , the vpright loue of your Subjects , and a prosperous & fortunate Reigne vnto the ende . Your M. most humble , faythfull , and affectionate Subject and Serviture , PETER HAY. TO THE READER . COurteous Reader , I speake to as manie as bee vpright Subjects of this Kingdome ; of which number I am sure , there is not one , to whome the principall scope of this Discourse will not bee gracious and plausible . If some Passages doe perhaps displease , it is for too narrow compting in your Particulars . And if I haue toutched these points moderatelie , and haue in them also my interesse equall with yours , it doeth absolue mee from anie meaning to wrong you ; and sheweth , that the acting hereof hath not beene intended for you , or mee , or for another , but for the Common-wealth . Wee haue spent our whole Yeares gone to our Private Studies , Pleasures , or Emolument , without the meanest distraction by anie sort of Tyrannie , or State-Calamitie , Our dayes haue beene like vnto that jubilant age of the Romane Empyre , vnder Augustus , of whom sayeth the Po●t , Ille meos errare boves , ut cernis , & ipsum Ludere , quae vellem , calamo permisit agresti . Ille erit , ille mihi semper DEVS . But now this Tyme doeth require vs to carrie publicke , and not private Mynds ; which is the reason , why I doe finde my selfe in this action , pene th●m quam antea . There is ( sayeth SALOMON ) a tyme for Peace , and a tyme for Warre : a tyme to gather and keepe , and a tyme to cast away : and GOD doeth these things that men should feare before Him. The golden tyme of Peace , and collection , that wee haue enjoyed , vnder our late King of blessed memorie , hath so besotted our Myndes , with Securitie , that wee are even Ignorants of the ordinarie vicissitude of the World ; so farre , that the verie first threatnings of change , doe confound vs ; where as by the contrarie , they should make vs turne to our GOD , and feare before Him : resolving to accept at His Hands , patientlie , and thankfullie , after so long Prosperitie , the Corrections , for our sinnes proper to vs ; and in the nature of thinges common with vs , to all People . I haue presented before you , in this Treatise , as vpon a Board , a summarie Portract of the estate of this tyme , and of the dangers where-of wee are so much affrayde : which if yee shall diligentlie contemplate , it will helpe both your knowledge and your resolution . As for some few particulars , that for the first face , may bee some-what disagreeable with you , yee shall finde here also conjoyned with them , their soveraigne remeadies and solaces . If yee will but ascende a while , with mee vpon this Stage , to agitate the cause of your Prince , your Countrey , your Common-wealth , and Religion , when wee shall looke backe vpon the invincible couerage of our Predecessours , against so manie mightie Nations , for the standing of this Kingdome , before they were Christians ; and that more than humane magnanimitie of the Heathen Codrus of Athens , and others lyke to him , the Bruti of Rome , deciosque caput fatale voventes , and these heroicke Decij , how in sacred extasies of resolution , they did devote and sacrifice their lyues , for safetie of the States where-of they were members ; such speculations shall make vs ashamed of some of our discontentments , and languishing amidst so great exigence , and appearance of publicke distresses . I know there is no generose spirit , but will bee much delighted with this subject , nor anie wise-hearted man , who will not esteeme it a vertuous and laudable part , to bee fore-seeing of so capitall dangers . With-in these three , or foure Yeares , the Palatinate did lesse dread the Spanyard , than wee doe now . Tum tua res agitur , paries dum proximus ardet . If wee doe feare the LORD , obey our Prince , and bee of vnited Myndes , tymouslie to employe the meanes that GOD hath given vs , to with-stand so strong an Enemie ; then there is no doubt , but wee shall bee bastant to oppose him : but if wee bee relenting in these , then I would say , as one of the Parthian Kings sayde , long before they were conquered , by the Romanes , Timeamus , ●●●eamus , magnum illum Romanorum Genium , qui tam brevi spacio torrentis instar effusus est per orbem terrarum . Wee haue great cause to project Feares , and long before to parralele the flowrishing destinies of the Spanish Empyre : which , lyke vnto a Torrent , hath with-in these hundreth Yeares , over-flowed the fairest and strongest Countreyes of Europe . Certainlie , it is no time for vs to delay in murmurations , and to object our povertie , amongst infinite Examples that bee in Histories , of the fatall ruine that hath followed to Princes and People , by such doing : the pittifull and mercilesse sackage of Constantinople , by Mahomet the second , may onelie serue , to terrifie vs from the lyke : the Citizens of that Towne being full of Ritches , did so misregard their late Emperours , that one of them , Baldwine , after hee had solde his Silver Plate , Iewels , and best Moueables , hee was forced to pawne his Sonne to the Venetians , for Money to maintaine Warres against the Turkes . The last of them , Constantine the eight , being desperatelie besiedged by the saide Mahomet , was not able to furnish Pay to his Souldiours , by reason of exorbitant Vsuries , exercised by his Merchands ; nor Corne , nor Victuals , by reason of their Monopolies , although there was great store of both with-in . Where-vpon , after some Weekes of mutuall grudges , and exclamation of the Emperour against his Subjects , and of them against him , that glorious Citie , so commodiouslie seated ( for dominion over the World ) vpon the shoulders of Europe and Asia , so Emperesse-lyke over-looking both , was taken by the Turkes , her miserable Prince and People cruellie murthered , her beautifull Churches turned in Stables , her hudge Ritches possessed by the Enemies , and shee made a Port for that bloodie and barbarous Nation , to come in vpon the necke of Christendome . I will no more insist thus in this place , because the Treatise is full of Practises and Examples , convenient for your present vse : I will onelie say againe , That it is no tyme for vs now to contest with our King , when question is for preservation of the State : and I exhort you to reade this , with that disposition as I wryte it : not of private Subjects , but of States-Men , and kyndlie Children of this Common-wealth : that wee may all in one voyce say with Pericles of Athens , when his Citie was reduced to great straites , for want of Money , in tyme of hote Warres , Ne cernere cogamur cuncta nostra in servitutem rap● , mensae , cubilis , supellectilis , ac dierae , superflua abscindamus , no●●que & liberos , servemus , ut quum pinguior fortuna aspiraverit , nobis rursus ea restituere valeamus , Let vs curbe our Humours , controll the delicacie of our Dyet , make sober our Moueables , and cut off what-so-ever is superfluous in our Manners , for our owne safetie ; and let vs referre the farther fruition of those , to more propitious and fortunate Tymes . Thus much more must I say ( tout●cing the myste●ie of the number 10 here treated ) to some of you , who d ee disdaine to heare from an-other , that whereof your selues are ignorant : I wish yee bee not scandalized , by the mention of remote , or naturall Theologie : remembring how Sainct Paul , 1. Cor. 15 , calleth him a Foole , who in the Analogie of GOD'S Workes , cannot finde a naturall Argument , to corroborate his supernaturall Beliefe , for the Resurrection of his Bodie . And the learned Scaliger , in his Exercitations against Cardan , discoursing of the Angelicall nature , hee calleth that kinde of knowledge fastigium omnis scientiae , the top of humane Wisdome : and doth verie confidentlie censure the contemners there-of , saying , Irridebuntur ista à quibusdam sectis nebulonum qui otio & supinitate marcentes fastigium scientiae contemnunt titulo curiositatis : noting two sorts of them , who ( sayth hee ) doe constantlie barke against the search of anie other thing than the naked and literall sense in the Scripture : one is of those who bee meerlie naturalists , & nunquam assurgunt ad supremam causam : Another , of some presumptuous , but shallow-brained Theologues , who covering their Ignorance , with pretext of Holinesse , semper assurgunt ad supremam causam , they are ever speaking , and talking of the knowledge of GOD , but may not abyde one word of Nature ; contemning the high contemplations there-of , which are the verie paeth-way that doe leade vs vnto that Knowledge , Neither of which two ( sayeth hee ) haue tasted this sweet Science of Analogicall harmonie , that is betwixt the intellectuall and visible World : whereof sayeth the divine Plato , that , that is the reall substance , and this but the shadow depending there-fra ; that Trueth , and true subsistence are there , and heere nothing but as a flowing and transition of Images , Nulla sunt vera nisi quae sunt aeter●● , ista autem quae vide●us non sunt vera , sed ve●i similia : the things that wee see , are but temporarie shadowes of things true and eternall : and as the shadow of anie creature doeth perfectlie declinate vnto vs the shape , the forme , the space , and name there-of , although wee doe not see the bodie it selfe ; so ( sayth hee ) into this great bodie of visible Nature ( which is the Image of that intellectuall and infinite World ) there is the true deliniation and viue Images of the severall creatures which bee there , and of the Heavenlie Governament , and blessed harmonie that is amongst them . And briefe , ( sayth Plato ) wee haue no knowledge in this World , but that which is symbolicall , having reference to things invisible , as the shadow hath vnto the bodie . The Prophets of the olde Law did receiue their revelations from the Angels in symbolicall speaches , and ( sayeth Christ Him-selfe ) litera occidit , spiritus vivificat ; The letter is dead , but it is the Spirit that quickeneth . And of Him sayeth Sainct Marke , That without Parables Hee spake nothing to them : and twelue severall Parables of the Kingdome of Heaven Hee did delyver to them , all which doe thus begin , Simile est regnum coelorum : and the Prophet David sayeth , I shall open my mouth by Parables . Certayn●●e , if ever there was an Age of the World , where-in the super-natural light of Christ's Gospel had neede to haue annexed vnto it the darke light of Nature , for alluring and intertayning the weaknesse of our spirituall sight it is even this which we now liue into , where-in the Heresies of doctrine are so pregnam 〈◊〉 , and the loue of the World , pryde of Lyfe , and singularitie of Opinion so predominant in the professors of the Trueth , that we may say not onlie with ●lato , but with Hosea the Prophet , Non est veritas in terra : the pure Veritie hath left the Earth . So that I say to you , Yee must not be disgusted if vpon the sudden ye cannot comprehende everie symbolicall Veritie that is propounded vnto you : which , if it could bee , then wee should vilipende the Mysteries of GOD , as things triviall and vulgar . It is sayd in Eccles that God hath made the world beautifull , & did set it in the heart of man , even that he may admire it , and vexe him-selfe to explore the nature there-of : Vexatio dat intellectum , sayeth the same Salomon . And I say , that as the intellectuall spirits of our Brayne , which are the Scarchers of the Veritie , are most subtile in them-selues , and closed vp from our Eyes , within diverse Cabinets of our Head : Even so the Veritie it selfe , which is the thing searched by them , is much more subtile , and involved from our sight . The first Ages of the World did embleme the Veritie , by a Triton , standing aboue the Temple of Saturne , with a Trumpet in his mouth : signifying , that her habitation was most high , & with the most ancient Gods , and that therefore she must be sought laboriouslie , and from afarre . GOD Him-selfe , who is onlie Veritie , hath made His Mysteries to bee vmbragious , and as at wee-light before vs , ( whiles He Him-selfe doeth inhabite the inaccessible light , as is sayd , 1. Tim. 6 , ) represented to vs by the Seraphims , Esa. 6. beholding Him through two wings ; and by the darknesse of the Clowde , where-through Moses did enter into the light of Mount Sinai , to receiue the Law ; and by that Pillar of Fyre , that conducted Israel , which was in lyke manner locked vp in a Clowde . All these doe figure vnto vs , that al-be-it the Veritie ( lyke to the Branch of Golde , that did secure the Voyage of Aeneas , vnto the Elisean Fields ) shall at length open a Passage for vs , to the inaccessible Light. Yet for the present of our mortall lyfe , there be infinite Mysteries of the Veritie , which wee cannot see other-wayes , than through darke and doubtfull Clowds : amongst the which , this of the number 10 , hath fallen in myne hands ; it may be , as a precious Iewell commeth to an vnskilful Gold-smith ; who , although he cannot mount it curiouslie , yet he setteth it so , as it may be carried , viewed , and valued , of all men . The ancient Persian and Aegyptian Theologues , did call the Bodie of GOD , Light ; and His Soule , Veritie : to declare vnto vs , that the Veritie , when it is found by vs , it should by our means shyne to others . And , as a Lanterne carried by a Man in the night tyme , is better seene of those who bee about him , than by him-selfe ; Even so , perhaps , this Noble Mysterie , once poynted at by me , shall bee now vnderstood better by manie of you , than it is by mee , who did marke it vnto you : and I pray GOD it may be so . Your true , and loving Friend , PETER HAY. AN ADVERTISEMENT To the Subjectes of SCOTLAND , Of the Dangers threatned to Christian States ; And namelie , To GREAT BRITANE , by the Ambition of SPAYNE . THere are some Yeares-gone , since partlie my Age , ( novv about 60. ) and partlie my retired Lyfe , free from anie publicke Charge , did make me to disgust all civill Meditations , and exercise of the more humane Letters ; where-in I had given satietie to my Mynde in my Youth-head , both by diligent reading of Histories , and by traveling abroad thorow the World , to looke vpon the severall Governaments there-of . And now I had gotten place vpon an higher Stage , and was become familiar with the Muses more sublime and divine , where I did studie to vnderstand the policie of Nature , the Bountie , Beautie , and Order of the visible Creatures : and that Magicall Spirit , which doeth by a common sympathie connect and vnite in one Common-wealth so manie Contrarieties , as are with-in the enclose of the supreame Heaven , and which doth maintaine whole , and inteire this great Bodie of the Vniverse , whilst her Members doe daylie perish , and passe away before our Eyes . I did consider , whether this hudge frame was animate , or inanimall , & where was the residence of that mightie Spirit , where-by it is governed , how Scripture telleth mee that , Spiritus DEI implet orbem terrarum , The Spirit of GOD doeth fill the whole Earth : and how Philosophie perswadeth mee , that GOD is , into Nature , as the Soule of Man with-in his Bodie : that even as our Soule doeth fill the Bodie , with Lyfe and Motion , and furnish to the Organes of our Senses , their faculties of severall operation ; and having its seate hidden into the Braines , yet is it not confined there , but goeth out at randome , to run over the whole Earth , to penetrate the Centre , to travell through the Spheares , to flie aboue them , and to discourse of things imaginable to bee without the purprise of the Heavens : That even so , GOD hath His Habitation and Seat into the inaccessable Light , ( as the Head and hidden Braines of Nature ) and there-fra doth disperse the Spirit of Lyfe , and motion thorow all : putting into the Starre● ( as Organes seated into the face of that great Bodie ) the influences which minister to all her partes , inspiring into the vast Bellie there-of , the blowing Wyndes , which are the breathing Spirit of Nature : and againe placing the Occean , as the livare and fountayne that doth ramifie & spreade so manie Veines through the Earth , ( as it were of blood , through the fleshlie bodie , and trunke of Nature ) and lastlie , these rockie Craiges , as the Bones of that Bodie . Then I did dispute with my selfe , how farre these visible things did beare the Characters of the invisible Governament of GOD , into the intellectuall or Architypicall World : where onlie ( as Plato sayeth ) there is reall and true subsistence , and where-of these caduc Creatures that wee see , are but a shadow , or a mirrour , where-in GOD letteth vs beholde the Image of that Order and governament that is in Heaven : According to which , sayeth Sainct Paul Rom. 2. The invisible things of GOD , from the creation of the World , are clearlie seene , being vnderstood by the things that are made . Farther , I went on , to ponder that discourse of Plato in his 6. de Rep. where hee maketh the Mynde of Man to haue that relation to GOD , which his Eye hath to the Sunne ; where-fra , as a visible Light , proceedeth to illuminate the Eye , and maketh it to see the Sunne it selfe , that giveth it light : So doeth a spirituall Light , proceeding from GOD , illustrate our Myndes , with that splendor where-by wee doe beholde GOD Himselfe : which Light of GOD , hee calleth in that place , Foetum , sive prolem DEI , The Birth , or Chylde of GOD. Where-vpon I was begun to debate with my selfe , from what good warrand the learned Marcilius Ficinus , could affirme , that Plato did there-by meane the eternall Sonne of GOD , manifested to vs in the Scriptures : of whom sayeth Sainct Iohn , in the first of his Evangell , in termes not vnlyke , Est lux illuminans omnem hominem venientem in hunc mundum : That Hee is a Light , which doeth illuminate everie man that commeth in this World. But now , while as my spirit had ascended to this height of Heavenlie transportation , little thinking of anie worldlie retract , or encombrance , Alace for pittie ! the late deplorable death of our blessed King , of sacred memorie , did intercept my joyes , and make me Icarus-lyke , to fall backe into the Seas , once againe to saile a-long the Coasts of that wicked Circe , where nothing is to bee seene , but the dead bones of those who are daylie naufraged amidst her inchanted allurements , & once againe to set my selfe vpon the bloodie Theatre of the World , to partake of the publicke sorrowes , where-with so many good soules are afflicted , for the losse of so precious a Iewell , whose royall worth , his divine vertues , his happie tymes , and miraculous fortune ( if Fortune may bee spoken of , where GOD did so manifestlie rule ) as I am not bastant to expresse them , so it is not my intention to touch them in this Discourse , because as Plutarch sayeth , Praeclara gesta praeclaris orationibus indigent ne gloria defraudentur : curable griefes are spended , and consumed with words of lamentation , or washed away with teares , but deepe and irrecoverable displeasures will haue none other style , nor other Mourning-Cloath , but astonishment and silence : Therefore , I will onlie say this for all , to a-wake our Myndes , in thankfulnesse to GOD , who is the giver of all good things ; That if it were true which Plato supposeth , that there are certaine habitable Regions in the Aire , for an Heroicall , and more coelestiall kinde of Men , who liue to manie ages , and feed onlie of the vapors , and fragrant smels of Fruites , that grow there , for their nowrishment ; or if so bee , that Paradise hath beene , or doeth yet remaine there , which some Christian wryters spare not to affirme , That as Lucifer , after his rebellion , was throwne from the Heavens , downe-ward in the Ayre , so Adam , after his fall , was detruded from an higher habitation , to a lower . If I say , either of the two were extant , wee of this Kingdome , might contend with anie of them , for publicke Prosperitie and Peace , of a whole Age , without interruption . I make the challenge to those imaginarie and Airie People , because I finde none vpon the knowne Earth , who may enter the Lists , with vs , in that behalfe . The sanctified Reigne of our sweet Soveraigne , who doeth now enjoy his Crowne in the eternall Glorie , who lived 60 yeares a King , and the hundreth and sixt King of one Stocke , who banished Idolatrie , planted the Gospell , superadded two Diaedemes to the third , making a confluence , of a naturall and statelie Monarchie ; and all this , siue saenguine , aut sudore ; yea , without the putting one Launce to the Fielde : let vs weigh this well , and then say truelie , qui poterunt similiter gloriari nobis . But as nothing which is vehement , or extraordinarie , can endure into this ordinarie vicissitude of Mortalitie , so were the verie Funerals of this great Prince . followed with the doubting and feares of all his good Subjects ; as if with the death of our holie and peaceable King , the period of our Countreyes-Peace had also expyred . Whether it bee that some malignant constellation , vnable to perturbe so rare a Sainct of GOD , hath lyen in waite till now , to spew vpon vs some mischievous Influence ; or that GOD , for his sake , hath forborne hitherto , to inflict the Punishments due for our Sinnes : It is no new thing indeede , but vsuall for People subject to Kings , to bee taken with some feare of Innovations , or change , at the entrie of a young Prince . The Philosophers say , that the Coelestiall Orbs , doe some-time suffer their motum trepidationis , a motion ( as they call it ) of trembling . What marvaile then , if when the Axiltree of a State is changed , the Bodie which is carried vpon it , doe shake a little ? But because I haue perceived by conversation with diverse of graue and constant minds , that such Feares begin to bee apprehended of them more deeplie , than is agreeable with the loyall affection , that wee ought to carrie to , and trust that wee should place in our naturall and kindlie Prince , of so great expectation : Therefore it is , that I out of that common Sympathie , which one Member hath with an-other of the same Bodie , and being now vpon the publicke Stage of the World , ( I meane , a deepe and serious Contemplation of the present condition of things ) where the matter and nature of Dangers threatned , doe lye open , and discovered to mine Eyes , I haue resolved for information , and solace of manie others , whose sight perhaps cannot penetrate so farre , to deduce and examine the Causes of our Feares , for a tymous Advertisement , to all the vpright Subjects of this Kingdome ; that everie Man may the better vnderstand the case of the present time , and everse Man may provide to contribute the best of his Wits , of his Cowrage , and of his Goods , to the service of our Prince , whom GOD hath set over vs , to fore-see and obviate our Dangers , The Feares which haue possessed our Myndes , bee of two sorts , either flowing from Forraigne , or from Domesticke occasions : from Forraigne , because that our mightie Enemie of Spayne , is irritated against vs , and hath alreadie gotten great advantages : Our intestine Feares , bee one of three , either for Aggravations and Pressures , which the great exigence of this Tyme seemeth to put vpon vs : or secondlie , for the intended Reformation , or Innovation of Session , Counsell , or State-Officers : because it seemeth to chop at the Arch-Pillars of our Governament , who haue beene placed , and long pratticked by a King most famous for solide Wisdome : or thirdlie , for the large extent of the Revocation made by his Majestie who now is , which doth touch so manie of vs to the quicke , and as it were rankle vs to the verie bones . Of all which three , I shall treate a little with that Modestie and Reverence which becommeth a private and faithfull Subject . And first , because our Forraigne Dangers are most manifest , I will speake of that , ( instar montis equum ) that monstruous and formidable pryde of Spayne , the Common Enemie of Christian Tranquillitie . This King , with his Pope , are the two Furies , who doe enrage all Neighbour-Princes , and States ; the Nemesis and Pandora , who disperse Christian Plagues ; the two insatiable Daughters of the Leech , mentioned in the Scripture , who still cry , Giue , giue , and who sucke the blood , not of Beasts , but of the Saincts of GOD. They are the two Starres of our wretched Constellations : and when-so-ever it falleth in their courses , to bee Ascendents of this occidentall Hemispheare , then let not Christian people expect other than Fyre and Sword , and the blood of legions , vnlesse the Conjunction of other Princes doe make an Aspect happilie and rightlie opposed to them . This great King , hath long tyme gone , devoured in his mynde the Occydentall Empyre : the designe of which Ambition , is not so remarked by Neighbour-States , ( which is their great fault ) nor so with-stood , as is necessarie for cutting the Threed there-of in tyme , before it grow to greater length : and that because it seemeth in the meane whyle to advance but sl●wlie , as the highest Spheares , who haue longest periods , doe moue most insensiblie to vs ; yet they cease not to make still progresse , till they come to their stations . Will wee but cast backe our Eyes a short way , even to the beginning of Charls the fift , the Grandsire of this present King , there wee shall see the swift march of that Ambition , so farre , that if they had brooked , that which they gripped , since then , they had matched the Romanes , for dilatation of Empyre , in the lyke tract of tyme. The generous Romanes did not found their Empyre vpon Oppression and Spoyle , nor rayse it by Artes of Tyrannie : They were a just and magnanin ious People , concitate by GOD , to deliver the Oppressed , and purge the Worlde from prowde Tyrants ; to introduce Communitie of Conversation amongst Countreys , Common Lawes of Iustice , Civill Policie , and Learning : for the which , sayeth one of the Fathers , that GOD did favour their Empyre , and the growing ther●-of : Donec eo tandem deventum esset , ( sayth he ) ut sieret totus terrarum orbis , quasi unum cultissim●m imperiirus : That it came to passe , that the whole Worlde was as a well manured Husbandrie , or Fame , of that Empyre . Where , by the contrarie , these late Kings of Spayne haue not onelie interverted the moste laudable and vertuous Ambition begun , and prosequuted manie yeeres , by their Predecessours , for plantation of Religion and Policie , amongst the Insidels of Africke , of the Levantine Indies , and diverse Yles of the Mayne Occean : but they haue turned vp-syde downe , this Christian Ambition , as fayre Lucifer did change himselfe into a Devill ; and haue converted the Edge there-of , to the confusion of the fayrest Countreys of Europe , so sufficientlie adorned with Pietie , Iustice , and Policie , that they might haue beene called The Gemmes of the Worlde . And if the Moneyes , and Forces of Armes , which haue beene spent to the sackage of these , within an hundreth yeares gone , had beene employed against Barbarians , and Ignorants of GOD , then the best part of Africke , of the Easterne and Westerne ●dies , might haue beene at this day vnder the peaceable Domini● of that King ; and hee , by that Conquest , more justlie called a Catholicke King : as may bee easilie vnderstoode , by the Stories extant , of the prosperous and happie beginninges of his Antecessours , against the Infidels of those Nations : vvhich , because it doeth most clearlie paint out the vglie and odious Face of his detestable and execrable Ambition , I thinke it not amisse , to make a short Relation there-of , out of their owne Histories . About some more than 800 yeares by-gone , Roderico , a Christian King of the Gothes in Spayne , having ravished and deflored the Daughter of the Earle Iuliano , his owne Subject , was casten out from his Kingdome , & slayne by Tariffio , a Barbarian king , brought from Africke , by meanes of the sayde Iuliano , for just revenge of the ignominie done to him . Those Barbarians did possesse the whole Countrey ( few Cities excepted ) of Spayne , with the vtter exterminion of the Gothicke Empyre , and were begun to spreade them-selues over the Perenees , when Pelagius , sonne of the Duke of Biscaglia , ( of vvhome is descended this present King of Spayne , by succession not yet interrupted ) having a Sister of rare beautie , in lyke sort violented and raped , by a Cosin of this Barbarian King : and beeing a great spirit , full of Valour and Pietie both , hee did plot some Stratagems , for the revenge of this injurie : where-in his cowrage and good fortune were so conspicuous , that the Gothes ( now oppressed by the Barbarian servitude ) did comfort him to publicke Armes , for restitution of their Christian Libertie : where-in hee made so good progresse , that they did elect and erect him to their Kingdome . The Ravishment of the Daughter of Iuliano , was the introduction of the Moores in Spayne , and the dejection of the Gothicke Dominion . The Rape of the Sister of Pelagius , did procure the restitution of the same , and the ejection of that Barbarian King. There is not certainlie a Vyce , which hath procured greater ruine to mightie Princes , than this of raging and voluptuous Lust. Tyrannie hath throwne out manie from their Crownes , but moe yet haue beene cast out by Immunditie . Be-lyke , as beeing a g●osse , lo●rde , and sensuall Vice , the LORD doth more punish it i● Princes , than private men , who are set vp , aboue their People , to spreade abroad the Rayes of their exemplarie Pietie and Vertue . This Pelagius did spende the rest of his dayes against those Infidels , whom hee swept out of diverse corners of that Countrey , although they were so numerous at that tyme , that there were found of them in one Battell in Aquitane , 400000 , which made the VVorld adore , in a sort , his Name , because hee was the first Prince , who with extraordinarie zeale did enterpryse holie and heroicke VVarres , against those impious Barbarians , who were begun to treade over all Christian People . Vertuous beginnings , if with length of tyme they grow to large extent of Prosperitie , they are much honoured by after-comming Ages ; and great reason : for why ? the Tree , how tall soever it bee in the Fielde , yet it was once all in the Seede . This is the just Rewarde of Vertue past , and the chiefe Spurre of that which is to come . This Pelagius is most renowned in the Histories . Buchanan , amongst others , in his Iure regni apud Scotos , doeth introduce him for the Image of a most vertuous and temperate Prince . The second of these Kings , memorable in Histories , was Ferdinando , called Magno , who no lesse than Pelagius , to the glorie of GOD , and his immortall fame , did pacifie his Controversies with some Christian Neighbours , to his great disadvantage , to manage Warres against the Moores ; of whom hee over-threw , and banished the King of Toledo , and the King of Siviglia , with all their People . This Prince is so honoured by their Wryters , for a wonderfull temperament that was in him of fiercenesse against the Barbarians , and religious humilitie of carriage , and conversation with his Subjects , that they doe equall him vnto that perfect Cavalliere , that Virgill descrybeth in the person of Aeneas . For the third , I will remember Ferdinando , called Santo , who did holilie bend him-selfe to cleanse the Countrey of Spayne from the remnant of that Vermine , with such zeale and fervour , that hee was noted thus to speake of the Ambition of Princes , that in their Warres they had diverse ends ; some Vindication , some Extention of Dominions , some Glorie of the World , and loue of Popular Ayre : and all these , sayde hee , were vaine , as David speaketh of them , Periit memoria illorum cum sonitu : Their m●morie passeth away with that same sound , which doeth so much inveagle them for the tyme. Others , sayde hee , haue for the scope of their Warres , Iustice , and the Peace of People : and these doe not willinglie moue Warres , but for succouring of the Oppressed , and extinction of Pryde and Tyrannie . And lastlie , others for propogation of the Fayth , and that ( sayde hee ) is the top of all Glorie , to bee purchased by Warres . Although ( hee saide ) that seldome were Christian Princes happie in that sort , to haue their designes in Warre simple , and incommixed vvith Ambition , Pride , or Avar●ce : vvhich● ( saide hee ) vvas the true reason vvhy Christian Empyres doe flowrish so slowlie . This Prince did purge Granada , Valenza , Sainct Lucar , and Cartagena ; and planted diverse Bishops seates , ritchlie rented . This Prince vvas after his death , not onlie of Christians , but even of Infidels so honoured , that Halamar , one of their Kings , did yearlie sende an hundreth great Torches , vvith numbers of his Friends , to assist a commemoratiue Celebration , vsed to bee yearlie of his Funerals . Hee vvas so modest in acceptation of Honours vvhilst hee lived , that vvhen the Barrons of his Kingdomes had resolved to erect some Statues , to remaine as famous Ensignes of his glorious Victories , hee vvould not suffer it to bee done ; saying , it vvas to ascrybe to Man the honour vvhich is onelie due to the LORD of Hoastes . For the fourth , I vvill make mention of the Spanyards Predecessoures maternall . Alphonso the fift , King of Portugall , vnder vvhom vvere discovered , possessed , and made open for Christian Traffique , the Coasts of Aethiopia , the Yles of Capo-verde , Arguim , Medera , Sainct Thomas , those of Terzere , vpon the Coast of Africke . Hee made conquest of Alcazar , and Arzilla , vvith their Territories . After these hee did Knight fiue of his Sonnes , for their great and hardie Adventures , about these exploits : and before their instalment of Cavallerie , hee did publicklie in a Church , oblish them by a Sacramentall Oath , to hard points of pious Magnanimitie , for giving their lyues , if neede vvere , for their Fayth , their Honour , their Countrey , their Prince , their Friends , and all Oppressed . This Prince vvas often heard to say , that it importeth ●othing to the Common-wealth of Christendome , vvhether this or 〈◊〉 Province vvere vnder the Dominion of Spayne , or France , or of Almaignie , or anie others , provyding all vvere good Christians . For the fift , I vvill say some-vvhat of Emanuell , King of Portugall . Alphonso the first , did cleanse vvhole Portugall from the Moores . Alphonso the fift , as I haue sayde , did vvarre against them in Afrik . And this Emanu●ll did persecute them even to Asia , and manage hote Warres against them , vvith extraordinarie good fortune , and is counted amongst the most nominate , and glorious Kings that haue beene in anie Age : who without removing his Person from Portugall , did place the Trophees of his Victories in Africke , Arabie , Persia , and the Indees , and fill the Earth with the splendor of his Name . Hee made him-selfe full Master of the Barbarian Occean , and of the Indish Traffique : hee over-threw diverse of their Kings , and did over-run the Levant , as the Stories show , even to the Ports of China : hee daunted the Aethiopians , about the Cape of Bona-speranza : hee built the Fortresses there , called Sofala , and Mozambi : discovered , and made Tributaries , the noble Yles of Sainct Lorenzo , Quiloia , and Socotera : fortified the Yle of Ormus , and made the King Homager , and Vassall of Portugall . Hee planted a Colonie in Goa , which at this day is esteemed one of the most opulent Cities of the Levant . Hee tooke in Moluca , and frequentlie assaulted Calicute , hee did brooke the things left to him in Afrike , and super-adjoyned there-to , Safin , and Azamor . Hee bestowed one of the hundreths of all his Revenewes , and the tenth part of the Tributes of his Conquests , for plantation of the Fayth amongst them . Hee sent learned Church-men to the King of Congo , ( vvith vvhom hee vvas in friendship ) and procured the comming of the saide King , his Sonne , Brother , and diverse Noble-men , to Portugall , vvhere they vvere taught , and received to the Christian Fayth . Hee sent Priests into Brasilia . And briefe , their Histories presume to equall this Prince , to Salomon . Of this Emanuell , Charles the fift , Emperour , did marrie a Daughter , of vvhome is descended the present King of Spayne , Charles , did follow the same Foot-steps of the Christian Ambition of his Predecessours , against the Infidels . Hee conquered the Kingdom of Peru , where-fra hee brought into the Countreyes of Europe , 〈◊〉 infinite Number of Golde and Silver , vvhich did on the sudd●e , ( as yee will finde noted heere-after ) alter the Manners , Estates , and Traffiques of Merchandise , vniversallie of all men . Hee restored the King of Tunis , and made him Vassall of the Crowne of Spaine . Hee did employ mightie Forces , at sundrie times , against Solyman the great , who did then gape most greedilie for to haue devoured Germanie . But aboue all , the memorie of him doeth rest most sacred for the longsome Toyles and Troubles endured by him , and Worlds of Money , which hee spent , for the pacification of Christian Religion , and reformation of the Church of Rome . If this fatall and wretched Emulation , and Iealousie of Neighbour-Princes , had not made King Francis the first , to oppose and marre him : and if that same had not like-wise made the Pope , his Cardinals , and all the Prelates , and Princes Catholicke of Germanie , his Enemies fearing both the greatnesse , the good naturall , and sinceritie of this Prince , of whose fraudelent and vnchristian proceedings with him , the Historie of the Counsell of Trent , published with-in these few Yeares , hath the full and perfect Deduction . Alwayes , not-with-standing that hee was a rare King , whose fame and credite is aboue Envy , full of Royall Magnanimitie , religious toward GOD , and fortunate to Greatnesse ; a-like to whom there hath beene in these latter Ages , if some , yet surelie not manie , Never-the-lesse , I say , even in him began to bee seene the markes of this Inclination , of the Spanish Ambition , to vniversalitie of Empyre in Europe : the testimonie where-of , was by his owne direction , publicklie set vp vpon the Ports of such famous Cities as hee conquered ; as I my selfe haue seene vpon those of Naples , and Milan , that too superbe and glorious Superscription , Carolus 5. Imperator , ad colligenda regna dispersa , & plantaudam fidem Christianam , à DEO destinatus : Charles the fift , Emperour , destinated by GOD , to collect together dispersed Kingdomes , and to make plantation of the Christian Fayth . I confesse indeede , that hee in his time went about this designe of Vniversall Dominion , by more laudable and Christian wayes , than his Successours haue done since : that is to say , by seeking to curbe the Papall Tyrannie , and to revnite the Church of GOD , in one Fayth , one Governament , vnder one Civill Law , and , I warrand , vnder one Prince , if hee could : And to giue him his due , assuredlie , hee hath had a most braue and heroicke minde , like to that of Alexander the Great , of whom sayeth Plutareh , to his immortall fame , Ni DEVS ille qui Alexandri huc animam demiserat eam praepopere revocasset , haud scio an lex una cunctos homines regeret , unumque jus veluti commune Lumen , ad omnes pertineret . O blessed Ambition of those braue Princes before mentionated● now-a-dayes , their Successours doe exhaust their Treasures , their Wits , their Forces , to make desolate Christian States , as is said , and to destroy Christian People ; whilst their Predecessours did seeke vnder Heavens vnknowne , to finde out Desarts vnpeopled , or else plenished with Savages , and haue reduced them to fruitfull Agriculture , civill Policie , and Christian Discipline . O damnable , and cursed Iealousie of Christian Kings , and States ! which doe not permit thir Ambition to extende it selfe , to the glorie of GOD , the encrease of their owne Dominions , and their immortall Fame . This Globe of the World lyeth abroad by 360 degrees in Longitude , and as manie in Latitude : The English haue made Navigation to within 77 , toward the North , and the Portugals and Castilians , to within 56 , toward the South ; so there doe rest 228 to discover : and what a fairer Field , or richer Spoyles , can bee wished for Christian Ambition , or Avarice , than this ? Yet what shall I say of this Emulation of neare , and Neighbour-Princes ? It seemeth to bee fatall in effect ; and what is fatall , is necessarie : for fatall wee call , Quasi fatum , sive dictum a DEO : A thing pronounced by GOD to bee . For if wee shall take a view of His whole Works , wee shall see nothing but a temperament , and contrapoysing of naturall Extremities , in such equalitie of Ballance , that none bee able to excrease to the over-throw of the other . The Heavens are placed into that Equilibrie , that everie side is jumpe with the other , and may not over-shoot it . The contrarie motions of the Heavens , doe not confound , nor impede one an-other . The coldnesse of Saturne , and the heate of Mars , doe not eate vp one another , because Iupiter commeth betweene , as the Axiltree of their Contrapoyse , by the serenitie of his temperature . So is it in the Elements , the Fyre and Water are kept from desperate conflicts , by the Ballance kept by the Ayre , attempered to both . So it is amongst Beastes , where-of those that bee of fierce and savage kindes , least vsefull vnto Man , ( as Lyons ) GOD hath made them more barren . Those agayne of the weaker sort , which be more necessary , and serviceable for Man , He hath made more broodie and foecund ; to the end , the Stronger should not be able to destroy that which is more infirme ; but the multitude of weake ones , should bee sufficient to contrapoyse the paucitie of the mightier . There is no Beast , which is not afrayd of the Lyon , & trembleth at his presence ; yet some-thing hath he to contrapoyse his awfulnesse : for he may not abide himself the crying of the Cocke , but is astonied there-by . So the Bellicose Elephant , whom all the terrors of Battell cannot make afrayde , he may not endure the cry of a Swyne , but presentlie fleeth , & , as is said in Eccles , Intuere opera omnia Altissimi , & videbis semper unum contra aliud : Doe contemplate all the workes of the most High & you shall find aye one against another . Even amongst the intellectuall Creatures , the good Angels , agaynst the bad , GOD this way showing the Height and Deepnesse of His vnsearchable Wisedome , by lodging , and ruling of so manie contrarie things , peaceablie within this one House of the Vniverse . Shall wee not thinke then , but the LORD , who hath so moderated and brydled everie extreame & contrarietie , who hath placed Mountaines , and steepe Shores , to keepe in the raging Sea , that shee rise not over her Marches , and ordinarie Bankes ; but hee hath like-wise , in the governament of the World , by severall great Kingdomes , and Monarchies , appointed and allowed the same Contrapoyse , that no Prince become so mightie , as to devour his Neighbour ; that no Pryde , or Insolencie , doe excrease without Limitation ? certaynlie , I thinke it hath a Warrand in Nature : and Reason telleth vs , That as it is lawfull , to with-stand Force , by Force ; it is also lawfull , to provide , if we can , that no Case come , that may constrayne vs to doe so ; or , that may put vs to the employing of Force , or Violence : So that it seemeth lawfull to Princes , or States , to impede , so farre as they can , suspected Neighbour Grandour , lest it become at length to master them . Hieronimus , King of Syracuse , beeing demaunded , ( as Polibius wryteth ) why in the meane-tyme of his beeing Confederate , and Friende of Rome , hee did ayde and supplie the Carthagenians against them ? Hee aunswered , That it was to the ende hee might brooke the friendship still of the Romanes : whome , if hee shoulde suffer to over-throw the Carthagenians , then of his Friends , they should become his Masters . Or , will a wyse King , within his owne Dominion , permit a particular States-Man , to carrie away the whole sway of Governament , by too much of Authoritie ? no , but he will contrapoyse him with a Colledge of a contrarie Disposition , to keepe him in order . Hence is it , that the LORD GOD in all Ages , hath suffered one Nation to combate with an-other , one King to beate an-other , and one man to holde in the Hornes of an-other , that nothing should shoot out aboue that just proportion which doeth corresponde to the communion of Nature : yea , if wee should come to consider and weigh the particular Fabricke of everie one man's Bodie , if the like equilibrie of Contra-Ballance did not attemper our contrarie Humours of Complexion , certainlie our Constitution were not able to subsist ; but either the Choller shall burne vp the Flegme , or the Flegme extinguish the Choller , if the interjection of these median Humours of Sanguinean and Melancholicke , did not impede that Conflict . And hence are all the Leagues of Mutuall Defences amongst weaker States contracted against the more mightie . Having thus shortlie shewed how the Ambition of Castile and Portugall was vertuous , and laudable , vnto the death of Charles the fift , I come now to Philip his Sonne , and Successour , who did spot the Glorie of his noble Predecessours , by turning his Thoughts to the Conquest of Christian People . Hee it was , who did complot and conduct all the Tragedies which thence-foorth haue beene acted in Christendome . This King finding him-selfe debouted of his designe to the Crowne of England , by the death of Marie ▪ Queene thereof , who was his Wyfe , returning into Spaine , his first Practise was , for excluding the Light of the Gospell , ( which then began to breake foorth over all ) to strengthen against Christians , that fearfull Inquisition , which his Antecessours had erected against the Infidels , Iewes , and Moores : where-of this farre may bee affirmed , that if Satan him-selfe had beene King of Spaine , hee could not haue brought from the bottomlesse Pit , a more horrible Plague , more cruell , more Barbarous , and beyonde all Humanitie ; the wicked Invention where-of , no Words can suffice to expresse , in sort that it doeth rather resemble Hell it selfe , than that wee can finde anie Example ever heard of the like , vpon the face of this Earth : where innocent Men , yea , Good , and holie Men , after being straitlie incarcerate diverse Yeares , spoiled of their Lands and Goods , afflicted with Famine , rent with Tortures , and in ende , falselie and vnjustlie condemned , to the number of 800 in one Yeare vnder that King were brought to publicke Spectacles to bee burnt , with Buckels and Bullets in their Mouthes , to stop all Apologeticall speaches , and againe , and againe casten in the Fyre , and taken out of the Fyre . It is hard , that anie Christian should thinke of it , without Trembling , and Teares : the farther Discourse where-of , were but vnpleasant heere , al-be-it most necessarie for Demonstration of that hatefull Tyrannie : and who so is curious to vnderstand more of it , he may finde a Treatise done at large on that subject , by Reginaldus Consalvus Montanus , De Artibus Sanctae , Inquisitionis Hispanicae : one who hath for manie Yeares knowne , and behelde it with his Eyes . The next thing that King Philip went about , was the joyning of Portugall to the other Kingdomes of Spayne alreadie in his Possession , and there-by to make the Bodie of that Monarchie perfect and entire : and finding nothing that could serue him for pretext , or colour to moue open Warres , the King there-of , Don Sebestian , being his neare Cosin , of one Religion , free from anie Controversies with him for Dominion ; and knowing the saide Sebestian to haue a Kinglie and cowragious Mynde , with-all hardie and temerarious , hee did corrupt and suborne some of his chiefest Favorites , to puisse him to the enlarging of his Conquests in Africke , against the Moores , where-of his Predecessours had alreadie layde so good Foundations : and for his easier inducement there-to , hee did promise him large ayde , both of Souldiours , & of Money ; And when Don Sebestian had embarked himselfe for Africke , and did expect the arrivall of the promised Succours , hee found nothing but Letters of new expectation , while in the meane time Philip did practise , by Claudestine meanes , both discontentment and Mutinie with-in his owne Armies , and Treyes with the Barbarian Kings , against whom hee went. Where-vpon ensued the overthrow and death of the saide Prince , ( without Children ) in that Battell which hee fought against the Kings of Fesse and Moroco : after the which the Portugals did receiue the next lawfull Heyre to their Crowne , Don Antonio , whom the saide Philip did eject by open Warre ; and Violence , and forced the Subjects to declare himselfe righteous Successour of that Kingdome , by his Mother . Then hee perceiving that King Henrie the third of France , did sende a Sea-Armie to Portugall , in favours of Don Antonio , hee resolved to stirre vp and kindle a civill Warre in France , that might constraine them to forbeare the farther assaulting of his new Conquest in Portugall : and by a publicke deliberation with his Counsell in the Citie of Tison , Anno 1577 , hee layde the grounds of that Confederacie , called The Holie League , which did almost reduce in Ashes , that auncient and flowrishing Kingdome of France : And to that effect , sent thither secret Practises , with 200000 Crownes , to draw and assure to his Course , the chiefest of the Nobilitie , and Gentrie Catholicke : which did succeede well enough to his Mynde , and to the great Dangers and Disasters of all the Neighbour-States of Europe , as the Stories doe at length record . And then , that those who were enraged by him to Armes , should not want an Enemie , on whō they might consume thē-selues , he sent also to negotiate privatelie , with King Henrie the fourth of France , ( being then styled King Of Navarre , and Head of the Protestant Faction in France ) offering to marrie the saide King's Sister , whose Children to Philip , should succeede to the Kingdome of Navarre , with the Yles of Majorque , Minorque , and Sardinia : also , that the saide King of Navarre should haue in marriage the Infanta of Spayne , eldest Daughter of Philip , with condition to bee established King of Guyene , at the adventure , and charges of Philip ; and with-all , should haue the Right and Possession of the Duchte Milan , with a present advancement of 200000 Crownes , for the provision of Forces competent against his Enemies of the League . Who doeth not see by these , the insatiable thirst of wicked Ambition , after the Blood of their Neighbours ? never an hungrie Beare did hunt more fiercelie for to fill his Panches , than hee was enraged for the Conquest of France . But the saide King of Navarre , guided by a better Spirit , did refuse all these Ouvertures , as treacherous , and tending to the dissipation of France , with-in it selfe , that it should bee more open and obnoxious for the Spanish invasion . And by his refusall , hee layde the first Stone , where-vpon there-after hee did builde his reconciliation with as manie Papists , as were true hearted French-men , and his Peace with his Predecessour , King Henrie the third , to whom hee did impart all these secret practises , Anno 1583 , and who permitted him to assemble the whole Reformed Churches of France . at Montaban , the yeare there-after , for tryall , and punishment of the Negotiators of the same . For by this tyme , the sayd King Henrie the third , was begun with bitter Griefe and Repentance , to acknowledge his Errour , in retiring his Forces from Portugall ; which he was forced to doe , by the furie and hote persecution of the Leaguars . And the yeare 1589 , he did send Ambassadours to the Queene of England , ( who was alreadie engaged to the protection of Don Antonio ) to treat with her , that shee would sende him backe to Portugall , with a Sea-Armie , promising for him-selfe , to joyne there-vnto 5000 Men , never-the-lesse that hee was then mightilie agitated with the manie Forces of the League , and that the hottest Flames thereof did burne about his Eares , having even then surprysed the lyues of the Duke , and Cardinall of Guyse , at Blois . This was easilie obtained of the saide Queene , who perceiving well that there was no other way to free her owne Countreyes , ( the Spanish Armie having threatned her Coasts the yeare before ) nor to liberate her Confederates of France , and the Netherlands , from the Tyrannie and Oppression of Spayne , but by making VVarres to him in Spaine ; shee did set foorth with Don Antonio , an Armie for Portugall , vnder two Generals , the Lord Noris for the Land , and Darke for the Seas , together with the Earle of Essex . But nothing of importance was performed by that Armie : the Causes where-of are diverslie agitated , and alleadged ; the English Historie affirming , that their Generals then had no warrand to make Warre , except that they had seene an vniversall Revolt of the Portugals , from the Spaniard , to Don Antonio , their King : where-of , say they , there was no appearance . But Antonio Peres , in his Treatise to the French King , vpon that Subject , doeth impute the Causes to Mislucke , and Misgovernament , the Lingering and Longsomnesse of the Voyage , their lying manie dayes at Plimmouth , and manie at the Groine ; where-by the Enemie had too much leasure to fortifie him-selfe , a mortalitie of their People , where-of their best Canoniers , and other Souldiours , died ; the want of Horses , and Wagons , for transportation from the coast of Lisbone : so that they were forced to quite great part of their Armes , and in place there-of carrie Bottels of VVyne , and other things , for their mayntaynance . The distraction of the Sea-Generall , Drake , from the Land-Generall , who when hee should haue entered the Port of Lisbone , finding a Fleet of Easterlings to passe by him , hee set him-selfe to the hazard of that Prey , neglecting al-together the Enterpryse against Lisbone . About the which , when the Land-Armie did lye in siedge , there was a great confluence ( as hee sayth ) of the Portugals , to Don Antonio : but by reason they were addressed , in base and course Apparell , they were esteemed by the English , to bee but Commons , and none of the Gentrie , and therefore contemned . But ( sayeth hee ) if the Enterpryse had beene followed , the Towne of Lisbone had beene taken in most easilie ; for that the Cardinall of Austria , who commanded within , and so manie Castilians as were vnder him , were readie to leaue it vpon the first arrivall of Drake with-in the Harberie : that hee had alreadie hyred thirtie Galleyes , for his transportation : and that with such seare and consternation , that hee conduced to giue them 300 Duckates a-piece , for three leagues of Sea. Alwayes , in the diversitie of opinions , concerning that Voyage , for my part , I doe more trust the English Historie , for two ( as I thinke ) infallible Reasons : first , the World knoweth , that in those dayes there was not in Christendome , a more solide , sure , and reverenced Counsell , than was in England : so that it is not to bee doubted , of that which their Historie beareth ; That their Generals of that Armie did obey their Warrand : Secondlie , I finde Antonio Peres contrarie to him-selfe ; for first hee sayeth , That by the longsomnesse of the English Navie , the Enemie had leasure to provyde and guard him-selfe : Secondlie , sayeth hee , the whole Gentrie of Portugall did repare to joyne with Don Antonio , and the English Armie . But heere I doe trap , and convict him from his owne mouth : If ( as hee sayeth ) the Spanyard had leasure at his pleasure to provide for him-selfe , who then is so simple , as to thinke , but hee did in the meane tyme remoue from Portugall the Nobilitie , namelie , the Favourers of Don Antonio , with the whole Gentrie , without the leaving of anie Man sufficient to allure a Multitude , or to leade them to a revolt ? I thinke hee hath forgotten him-selfe a little here , out of an ardor of his spirit , to haue removed all shew of impediment to the French King , for putting of Warres in Portugall . In the meane-tyme , thus farre may bee said , That as Obedience and Discipine , militarie in the Bodie of an Armie , vnder a trustie and skilfull Generall , is of that importance in actions of Warre , as , sine quo nihil , a point where-in lyeth the chiefe Suretie and Successe of all things , except of Fortune ; Yet a strict limitation of Generals , hath for the most part marred , both good Fortunes , and good Successes of Warre , where the Opportunities , Advantages , and Ouvertures are meerelie casuall , and inpendent from precise tymes . To prescribe to their Generals , was not the custome of the Wyse , Valiant , and fortunate Romanes , Sed videant ne quid Resp. detrimenti cap●at . And what should haue become of that great State , if their Generall , Fabius Maximus , had not so stiffelie followed his private will of cunctation and protracting of tyme with Hannibal ? contemning the infamous Reproaches and Exclamations , both of Senate and People against him : namelie , of his Magistrum equitum : Whom if hee had not at length rescued in his temerarious Recountre with Hannibal , he had perished , with all those whom hee commanded . Now , what were the Practises lyke-wise of Philip , even then also in England and Scotland , by Corruption , and Iesuisticke Artes , to haue drawne the Subjectes of both Kingdomes to vnnatural Revolts , from their Soveraigne Princes ? It is better known , than that I need heere to make mention of it : I wish the Wryters of our Countreyes Historie , may over-passe that Interlude , of those Insidious tymes , as Lucan did the Cruelties vnnatural , committed mutuallie amongst the Romanes at Pharsalia : Quicquid in hac acie gessisti Roma tacebo ( saide hee . ) By these few Circumstances , shortlie related of the progresse of the Spanish Empyre , wee may easilie and vsefullie obserue these three things : first , the growing and fearfull greatnesse there-of , as it standeth at this day . Maximilian , Emperour , and Duke of Austria , did marrie Catherine , only Chyld and Successor of Charles , Duke of Burgundie ; where-by were annexed the 17 Provinces of the Nether-lands , to Austria . Of this Marriage issued Philip , who being Duke of Austria , Burgundie , and Flanders , did marrie the Heretrix of Castile , Daughter of Ferdinando , and Isobella , the Mother of Charles the fift , and so did conjoyne the Estates fore-saide , vnto the Crowne of Castile . Charles the fift , by his owne Vertue , did super-adde vnto it , the Kingdome of Peru , the Dutchie of Milan , the peaceable Possession of the Kingdome of Naples , and the Kingdome of Sicilia , with the Yles of Sardinia , Majorque , Minorque , and their Possessions , which they yet haue into the Westerne Indees . His Sonne againe , Philip the second , of whom I speake , besydes that , hee had once within his Clawes , France and England : ( which both hee lost againe ) hee did conjoyne with these , that which made the integritie and perfection of the Spanish Empyre , Portugall ; the importance where-of may be remarked by these three : first , by their glorious Conquests before rehearsed , into the Levant , into Africke , and through the maine Occean : Secondlie , by the great multitudes of People , which doe inhabite the Territories there-of . Antonio Peres doeth affirme , that vnder Sebestian , their last King , of whom I haue before remembered , there were thorow-out the Realmes of Portugall , vnder militarie Discipline , 1200 Companies of Foot-men , where-of there was no Gentle-man , other than Commanders ; and in everie Companie at least 200. Which being allowed , doeth amount jumpe to 240000 Men. And that Portugall did yearlie send out to their Conquests , 6000 Men , where-of the third part did never turne home againe . Thirdlie , by the Riches there-of , it being affirmed by him , that their Kings did in this one point of Greatnesse , surpasse all the Princes of Europe ; being able in halfe an houre , to giue vnto their Subjects , ten , or fifteene Millions , or more , to bee received by Ticquets , for dispatches of Governourships , Captainships , Receits , Offices , Licences , to make Voyages by Sea , to the Indees , and Yles of the Occean . But heere I judge , that hee hath beene too large , out of a great fervour , to perswade Christian Princes , to set their Hearts vpon so noble a Prey : at least-wise , to provyde and prevent , that it should not fall into the hands of their Common Enemie . But certainlie , the best part of these , are well approved to bee true , by this that Philip the second of Spaine did put him-selfe at so great expence , for the purchase and prefervation of Portugall , by kindling and feeding the Fyre of Civill Warres , through Christendome , namelie , in France and Flanders : exhausting to that ende , the richest Mines that bee vnder the Heaven , and by making so ignominious and impious Peace with Insidels ; to bee the more able to maintaine Portugall , and to incroach farther on Christian Neighbours . Vnder King Philip the third againe , his sonne , there was no accession indeede to this Empyre : The mightiest Conquerers that ever haue beene , in the Nature and Necessitie of things , needed their owne Intervals , Cessation , and Repose , for breeding of new Fortitude and Strength : and anie Man may finde into the Romane Warres , there hath beene at diverse tymes , longer Intervalles of Peace : and now wee see , that this present King of Spaine , after these Refreshments , is begun to rake and extende the Marches of his Dominions . The second thing to bee observed by the former Discourse , is , the prowde Designe , and large Extent of the Spanish Ambition : when this King , of whom I treat , ( Philip the second ) durst , together , and at once , adventure to set him-selfe a-worke for the purchase of Portugall , France , the Netherlands , England , and Scotland , who should doubt , or call it in question , that by length of Tyme they intende not to subjugate the whole Estates of Christendome ? Wee finde it written by them-selues , that when hee was about the taking in of Portugall , being demanded by one of his greatest Favourites , what was the reason why hee did neglect his thinges of East India , and suffer Friezland , and so manie good Townes , to bee invaded and possessed of Heretickes , his Enemies , and all to maintaine the League , and Civill Warres in France ? Where-vnto hee aunswered , That those might bee forgotten for a tyme , because the setling of Portugall did import no lesse to him , than the securitie of his whole Empyre : which once done , hee would easilie make all those his Neighbours , to become his Homagers and Tributaries : yea , it was the common Theame of Discourse amongst his Captaines , and Souldiours , both in Italie , Flanders , and France , or where ever they were , That since Portugall was now theirs , that France and England could not escape them . And more , ( which is a publicke Testimonie ) the Wryters of the Spanish Storie affirme thus farre , That if it had not beene , that the saide King Philip had resolved before anie thing , to brydle Portugall , hee should haue before then sufficientlie daunted France , and haue put strong Armies in England . Farther , the Extent of this Ambition of Spayne , is clearlie seene by their Authoritie , vsurped over the Consistorie of Rome ; where they haue made them-selues perpetuall Dictators , which is one of the surest Fundaments of the encrease of their Grandour now-a-dayes : that Consistorie being , as the Alembicke , where-in are fyned all the Counsels , Projects , and Designes of Christendome , and the Pope arrogating to him , power at his pleasure , to excommunicate , and consequentlie depose Christian Princes , and to transferre the Succession of their Crowns , where-of onlie the Riches must belong to that Catholicke King , as of England , and Yreland , to Philip the second , ( by Pius Quintus , who did excommunicate Queene Elizabeth of ●England ) and of Navarre , to his Predecessours , by the same Title of beeing Heyre and Successour , to excommunicate Princes , keeping still in their owne hand , the raygnes of the Papall Election , and invading of their Patrimonies , as that of Sicilie ; and being in effect Popes them-selues , governing at their will the Church Rents thorow-out their Kingdomes , exacting a verie great part vniversallie of all , for their owne vse . The third point of Observation , vpon the preceeding Discourse , is the Iusidiation , and Latent Attempts of this Ambition , by godlesse Perfidies , and Treacherie , where no Fayth is kept , nor Conscience , nor Religion , nor Humanitie , nor Vere●unditie , where Neighbour-Princes cannot brooke their lyues , by reason of the excessiue Rewards , and Honours promitted , to trayterous Executioners of Claudestine Murthers . What shall I say of Enemie Princes ? no , I say of what-so-ever persons , publicke , or private , suspected Enemies to their prowde Tyrannie , sparing neither Papist , nor Protestant ; Pope , nor Cardinall ; Bishop , nor Priest , nor nearest Kinsfolkes , nor their most faithfull Counsellers , or most fortunate Generals , if they but once , vpon the lightest Occasion , become jealous of them : no , not their owne Children , when their blood may bring the smallest accession vnto the strength of that diabolicke Ambition , they doe murther , poyson , embotch , and bewitch at their pleasure : So that this same Philip , of whom I speake , hee caused to bee made away in his tyme , as Wryters haue observed , more than 200 nominablie recorded in diverse Histories , whereof I will remember but seaven , of the most abominable Paricidies ( I will call them all so ) ever heard of , and yet best knowne . King Henrie the third of France , a Christian Prince , of equall qualitie with him-selfe , to whome hee was bound by that Fraternitie , and by the vnion of one Fayth , besydes some degrees of Blood ; yet it is well knowne , that hee did contryue the death of this King , as truelie , as hee did plot the League against him . Pope Sextus the fift , whome hee professed to bee Head of the Church , and his holie Father , because that Pope fearing the Spanish Tyrannie , if his Conquest of France had proved good , hee did favour the said Henrie the third , in his last Distresses ; Philip made him away by Poyson : a thing so well vnderstood , that they haue it for a common speach yet at Rome , ( which I haue heard with mine eares ) That if a Pope doe enter without the approbation of Spaine , hee will goe the way of Sextus the fift . Hee did betray , to the Eyes of the World , Don Sebestian , King of Portugall , his Cousin , Alexander Farnesse , Duke of Parma , his Kins-man , and Generall in Flanders , that valiant and renowned Captaine , who had done him so great Services , immediatelie after the misfortune of his Armada set out for England , 1588. ( which hee did impute to the slownesse of the saide Duke ) hee fell into a lingering Disease , and died by Poyson , ministred from Philip : the World doeth know it . Don Bartholomew Carenzae , Arch-Bishop of Toledo , who had beene the Preceptor , and Father of his owne Youth-head , as Seneca to Nero , because hee would not publicklie maintaine his Title to the Crowne of Portugall , hee also did dispatch him . His Brother , Don Iohn de Austria , ( whose great and ambitious spirit hee began to suspect ) hee was stricken with the Plague of Pestilence , immediatelie after the receit of a Letter from Spaine , whilst there was no Post in the Countreyes about , and where-of hee died . But aboue all , that most deplorable and nefarious Paricidie , publicklie committed , avowed by himselfe , authorised by the Church , the murthering of Prince Charles , his owne eldest Sonne . Hee did price the life of Don Antonio , at 100000 Crownes , and of Elizabeth Queene of England , and of the late Prince of Orange , at as-much a-piece . Hee was not ashamed to receiue certaine Townes from the King of Moroco , vpon Bargaine , to betray ( as hee did ) Don Sebestian , King of Portugall , his Cosin , nor to render vnto those Infidels , Arzilla , ( which his Predecessours had noblie conquered ) vpon condition , they should not furnish in preste to Don Antonio , 200000 Crownes , as they had promised to doe at the Intercession of the saide Queene of England . These are not mine Assertions , but taken and collected from Spanish Wryters . Of all the fore-sayde Perpetrations , the killing of his Sonne , Prince Charles , being in it selfe most fearfull , and execrable of the whole ; it is also most clearlie verified , not onlie by the Histories of Neighbour-Countreyes , as by the French recordes of Majerne , of Matthew of Paris , of Thuanus ; but so stood to , by the Church of Rome , that into that deede , they doe place the Triumph , and Glorie of the Pietie of the saide King , advancing his Fayth aboue that of Abraham , who did onelie offer to sacrifice his Sonne , and comparing him to GOD Him-selfe , witnessed by Hieronimus Catena , wryting vpon the life of Popius Quintus , the which Pope , by a publicke Panegyricke , did celebrate the praises of the sayde Philip , for that fact , saying , E cosa multo notabile , & stupenda ch' el re facesse sacrificio d'ella carne sua , & del suo sangue à DIO , dicendo , che ' non come Abrahamo , ma come DIO stesso , Propter salutem Ecclesiae , non pepercit vnico filio : That is to say , It is a thing most notable , and admirable , that this King did sacrifice vnto GOD , his owne Flesh , and his owne Blood , for nought , like vnto Abraham : but like vnto GOD Himselfe , for the safetie of the Church , hee would not spare his onlie begotten Sonne . Farther , it is affirmed by the English Wryters , namelie , Sir Francis Hastings , in his Watch-Word to Queene Elizabeth , against the Spanish Insidiation , that the same Philip , did by his Agents , the Count of Fuentes , then Generall in the Low-Countreyes , and Secretarie Ibarra , induce Doctor Lopez , a Iewish Physician , at London , for fiftie thousand Crownes , to poyson Queene Elizabeth : which he him-selfe , vpon his triall , did confesse , and two others , Manoel Lois , and Stephen Ferraires , did depone , and all three suffered Death for it , as the processe criminall led against them , and yet extant , will verifie . What shall I say vpon this fearfull kinde of Policie ? Ah for pitie ! Quid non mortalia pectora cogit , reg●andi dira libido ? What is that so odious , which the loue of domination will not perswade the ambitious heart to perpetrate ? The publicke crueltie of the Inquisition on the one part , and the covert Crueltie of Ambushes practised by the King , and his Iesuites , on the other part , seeme to bee a chiefe Misterie of this Ambition , as two Arch-pillars , which doe for the time sustent the great Spheare of their Empyre , and the wicked Source , where-fra haue flowed so manie Chastels , Clements , Ravillacks , Babingtons , Fauxes , Garnets , &c. as haue beene Actors of the wofull Assassinates , Sorceries ; Pests , Powder Treasons , Poysons , &c. that haue surprysed the liues of so manie anointed Kings , and others of lawfull Authoritie , and doe still lye in waite for the like Executions , against those who are present , or to come heere-after . And heere is a Case to bee lamented eternallie , that those Parricidies , committed now in Spayne , after the manner of the Mahumetane Superstition ; not as Crymes to bee repented , but as Religious Traditions , and Deeds of great Merite , when the life of one Man , or a few Men , if it were of our Brethren , or Children , are taken , and sacrificed , for preservation of the publicke Tranquillitie both of Church and State , chiefelie in great and Monarchicall Kingdomes , where Religion doeth shoot out , with a growing and flowrishing Empyre . Alace ! is not this the Fyre of Moloch , and the sacrificing of our Children to those bloodie and savage Gods ? This is a Fascination and stupiditie of the Mynde in the highest Degree : And heere it is , where that powerfull Circe of Superstition , hath transformed those Kings reallie into Beastes , that wittinglie , and willinglie , they haue cast off both Sence , and as it were Shape of Humanitie ; that the greatest Vlysses of the World , is not able by anie Oratorie , to reclaime them . In the meane-time , it is a Case that doeth admonish Neighbour-Princes , to bee of constant Pietie , and Devotion towards GOD ; and their Domesticke Servants , to bee vigilant , and studious , for the avoyding of that kinde of claudestine Dangers . And , O what great cause wee haue to render thankes to the MOST HIGH , for that , that our late Soveraigne , of blessed memorie , did escape the Insidiation , and bloodie Knyfe of such Butchers ! hee who was the most conspicuous Marke whereat they did shoot , and of whom their curious casters of Horos●ops , and malignant Astrologues , did so often prognosticate , that his ende should not bee peaceable . Fourthlie , wee are to weigh the Strength and Soliditie , of this great and growing Empyre , to see if wee can explore should not furnish in preste to Don Antonio , 200000 Crownes , as they had promised to doe at the Intercession of the saide Queene of England . These are not mine Assertions , but taken and collected from Spanish Wryters . Of all the fore-sayde Perpetrations , the killing of his Sonne , Prince Charles , being in it selfe most fearfull , and execrable of the whole ; it is also most clearlie verified , not onlie by the Histories of Neighbour-Countreyes , as by the French recordes of Majerne , of Matthew of Paris , of Thuanus ; but so stood to , by the Church of Rome , that into that deede , they doe place the Triumph , and Glorie of the Pietie of the saide King , advancing his Fayth aboue that of Abraham , who did onelie offer to sacrifice his Sonne , and comparing him to GOD Him-selfe , witnessed by Hieronimus Catena , wryting vpon the life of Popius Quintus , the which Pope , by a publicke Panegyricke , did celebrate the praises of the sayde Philip , for that fact , saying , E cosa multo notabile , & stupenda ch' el re facesse sacrificio d'ella carne sua , & del suo sangue à DIO , dicendo , che ' non come Abrahamo , m● come DIO stesso , Propter salutem Ecclesiae , non pepercit vnico filio : That is to say , It is a thing most notable , and admirable , that this King did sacrifice vnto GOD , his owne Flesh , and his owne Blood , for nought , like vnto Abraham : but like vnto GOD Himselfe , for the safetie of the Church , hee would not spare his onlie begotten Sonne . Farther , it is affirmed by the English Wryters , namelie , Sir Francis Hastings , in his Watch-Word to Queene Elizabeth , against the Spanish Insidiation , that the same Philip , did by his Agents , the Count of Fuentes , then Generall in the Low-Countreyes , and Secretarie Ibarra , induce Doctor Lopez , a Iewish Physician , at London , for fiftie thousand Crownes , to poyson Queene Elizabeth : which he him-selfe , vpon his triall , did confesse , and two others , Manoel Lois , and Stephen Ferraires , did depone , and all three suffered Death for it , as the processe criminall led against them , and yet extant , will verifie . What shall I say vpon this fearfull kinde of Policie ? Ah for pitie ! Quid non mortalia pectora cogit , regnandi dira libido ? What is that so odious , which the loue of domination will not perswade the ambitious heart to perpetrate ? The publicke crueltie of the Inquisition on the one part , and the covert Crueltie of Ambushes practised by the King , and his Iesuites , on the other part , seeme to bee a chiefe Misterie of this Ambition , as two Arch-pillars , which doe for the time sustent the great Spheare of their Empyre , and the wicked Source , where-fra haue flowed so manie Chastels , Clements , Ravillacks , Babingtons , Fauxes , Garnets , &c. as haue beene Actors of the wofull Assassinates , Sorceries ▪ Pests , Powder Treasons , Poysons , &c. that haue surprysed the liues of so manie anointed Kings , and others of lawfull Authoritie , and doe still lye in waite for the like Executions , against those who are present , or to come heere-after . And heere is a Case to bee lamented eternallie , that those Parricidies , committed now in Spayne , after the manner of the Mahumetane Superstition ; not as Crymes to bee repented , but as Religious Traditions , and Deeds of great Merite , when the life of one Man , or a few Men , if it were of our Brethren , or Children , are taken , and sacrificed , for preservation of the publicke Tranquillitie both of Church and State , chiefelie in great and Monarchicall Kingdomes , where Religion doeth shoot out , with a growing and flowrishing Empyre . Alace ! is not this the Fyre of Moloch , and the sacrificing of our Children to those bloodie and savage Gods ? This is a Fascination and stupiditie of the Mynde in the highest Degree : And heere it is , where that powerfull Circe of Superstition , hath transformed those Kings reallie into Beastes , that wittinglie , and willinglie , they haue cast off both Sence , and as it were Shape of Humanitie ; that the greatest Vlysses of the World , is not able by anie Oratorie , to reclaime them . In the meane-time , it is a Case that doeth admonish Neighbour-Princes , to bee of constant Pietie , and Devotion towards GOD ; and their Domesticke Servants , to bee vigilant , and studious , for the avoyding of that kinde of claudestine Dangers . And , O what great cause wee haue to render thankes to the MOST HIGH , for that , that our late Soveraigne , of blessed memorie , did escape the Insidiation , and bloodie Knyfe of such Butchers ! hee who was the most conspicuous Marke whereat they did shoot , and of whom their curious casters of Horos●ops , and malignant Astrologues , did so often prognosticate , that his ende should not bee peaceable . Fourthlle , wee are to weigh the Strength and Soliditie , of this great and growing Empyre , to see if wee can explore , and finde out anie Weaknesse , Breach , or Advantage to bee gained , since they are our Capitall , and mightie Enemies ; of whom it is not likelie , that long wee shall bee fred . Al-be-it it be true , that it is not so much governed by the Sword , as by Graue and Sage Councell , which is never a whit diverted from their Plots , and Purposes , by the death of anie King , where-in standeth , no Question , a chiefe point of the Firmnesse and Perpetuitie thereof . Yet it cannot bee denyed , that for aboundance of Money , for militarie Discipline , and for great numbers of good Souldiours , ( which three bee as the Nerves , Veines , and grosse Bodie of the Warres ) they too farre exceede their Neighbours . Alwayes , for the first , I say , that the light of Reason sheweth mee , that the greater Fortitude , doeth aye consist in the greater Vnion , Vis vnita fortior . There is no perfect Strength , but in GOD , because there is nothing meerelie and simplie Vnike , but GOD : The Strength of Nature , dependeth from her Compaction , Vnion , and Sympathie of her well-conjoyned Members . This made Augustus to abandone and neglect the Longinque Provinces , beyond Caucasus and Taurus , and here in Great Britane : by mayntaynance where-of , they did receiue greater domage , than could bee countervalued by anie Benefit to bee had there-fra in time of Peace : saying , that as there were two Defaultes , that made the naturall Bodie imperfect ; that which was too small , and vnder a proportion naturall ; and againe , that which was aboue , too big , superstuous , and vnwealdie , called by the Physitions , Plethera , and Endeiat Even so it was in the Civill Bodie of the State , and there-fore did hee recommend to his Successor , the Limitation of the Empyre vnited and consolidated within the Marches of Euphrates , Danubius , and the Westerne Occean : forbearing to haue more care of the most remote and disjoynted Provinces , which did not other , but teach the Discipline militare , to barbarous Nations , who were ignorant of it : Where-vpon sayeth Tacitus , Longa oblivio Britanniae etiam in pace , consilium id Augustus vocavit , maxime Tiberius . Henrie King of Castile , who died Anno 1217 , without Children , having two Sisters , of whom the elder had beene married to Lewes the eight of France , the youngest to Alphonsus , King of Leon in Spaine : The Castilians , by publicke Parliament , did declare the youngest to the Crowne of Castile ; albeit against their Law , yet convenient in the nature of things , ( sayde they ) seeing Castile and Leon , were Cosines , and easilie did incorporate : they had one Language , and Manners nothing different , where-as France was naturallie divided from them by the Mounts Pirenees , of diverse Languages , and discrepant Manners , thinges difficill to bee vnited vnder one King. Of Examples of this kynde , the Histories bee full , of Princes and States , who stryving to possesse thinges farre removed , and dis-joyned from them , and disconvenient in Nature , albeit their Titles to them were just , yet after manie yeares enjoying of thē with much Warre & Trouble , they haue bene in end forced to quite them , being things altogether improfitable , a● the English of Aquitane and Guyen , the French of Naples , the Venetians of Pisa , and some Territories of Genua , the Germane Emperour of some Cities in Italie : of all which they haue nothing this day , but the Burials of their Predecessours : in which respect , ( to returne to the purpose ) I may say of the Spanyard , that it is not all Gold , that glistereth : his great Empyre is patched , of things dismembred , discommodious , and disconvenient in Nature : hee hath Navarre divided by the Pirenees in part , and naturallie incorporate to the mightie Kingdome of France : hee hath Milan divided by the Alpes , Naples by both those , and by the Apemmie too , and both but members of the bodie of Italie : Flaunders separated by interjection of France and Switzerland ; the Indees , by the great Occean ; that if wee shall consider all the mightiest Monarkes , wee shall finde none so weake and obnoxious in that behalfe : so farre , that it is more easie for France , England , Holland , and Denmarke , to put into Spaine 50000 Souldiours , than for Spaine it selfe , to transport thither from their owne Provinces 20000. Againe , Kings are set aboue their People , as the Sunne aboue the Earth , and Seas , who draweth vp the Moistures , where-with hee doeth partlie feed his owne Flames , and partlie converteth them in Raines ▪ to refresh the Seas , and nowrish the Earth : yet it is thought , that hee beholdeth his Provinces often-times as Clowds without Raine ; hee draweth nothing from them , but glorious and airie Titles of Ambition : yea , hee must goe search the Bellie of the Earth , vnder another Hemispheare , to sucke the Vapours that must entertaine them : for if it were not by his Treasures of the Indees , it is judged , that hee were not able to brooke them . The yeare of their last Pacification with Holland , I did heare into Brusels , by some of his entire Counsellours , that since the first entrie of those VVarres , hee had spended of his proper Fiances , aboue the Rents of Flaunders , 60 Millions . I did heare about that same tyme , at Naples and Milan , by those of good intelligence in his Affaires , that his whole Revenewes there were morgadged , and that hee was greatlie indebted aboue ; and that hee was often-tymes so scarced of Moneyes , that at Antwerpe , Genu● , and other Bankes , hee did pay more than thirtie for the hundreth : which Inconveniences doe all result from this , that his Provinces are not contiguous , nor incorporate . And yet , it being so , wee are not to vilipende our Enemies , no , even those Provinces doe bring notable increase to his Grandour ; they are as the Heads or Hearts of the Countreyes where they lye ; they are most fertile , flowrishing , and rich for themselues ; and vpon extraordinarie Necessities , able to advance to him infinite summes of Money : planted they are , to the full , with industrious People : They are the Seminaries of his Milice , which doe breede vnto him good store of wittie Counsellours , skilfull Commanders , and braue Souldiours . And how-so-ever they yeelde nothing to his Coffers , yet the Vice-rayes and Governours sent thither , ( who commonlie are of his nearest Parentage ) they doe loade them-selues with Ritches , by the Mechanicke Tyrannies that they are permitted to exercise : and at the ende of their three yeares , which is the period of their Reigne , they doe returne to Spaine , as clogged Bees , with Honey to their Hyves : which I confesse to bee of as great importance and profite to him , as if those did come directlie to his owne Coffers ; for why ? a great Monarch hath not so good a Treasure , as trafficable Countreyes , and Subjects vertuous , and full of VVealth : for then doe Moneyes abound , and People doe serue their Prince in Offi●es of Peace , or VVarre , with contentment and splendor both . But if an avaritious Prince doe studie to collect and amasse Ritch●s to lay in store , by too much pressing of his Subjectes , then they are discowraged from their Trades , the Fruites where-of they are not suffered to enjoy , Vertue decayeth , that should enritch the Countrey , and the cowrage of Men fayleth , when time of VVarre doeth come : So that the best Politickes that haue beene , holde , that the Ritches of mightie Kings , are not so much to bee esteemed , by their Ordinarie Rents , as by the Extraordinarie Meanes they haue to lift Moneyes vpon great necessitie : of the which Meanes , that Prince doeth robbe him-selfe , who maketh his Subjects poore , to fill his Coffers . And they doe thinke , that as ritch was Lewes the twelft of France , whose yearlie Rent ▪ did not exceede one Million , and an halfe , as Francis the first , vnder whom it arryved at three ; or Henrie the second , who doubled that , or yet the third , who did multiplie it to ten Millions . Those Provinces of Flaunders , being courteou●●e ruled by Charles the fift , and by his Sonne Philip , with more moderation , after the returne of the Duke de Alva , they are found in the Histories to haue advanced willingl●e to those two Kings , in the space of nine Yeares , twentie-three Millions of Crownes , which made them to bee called the Northerne Indees of the saide Empyre ; and which they could not possiblie haue done , if hee had lifted grosse yearlie Rents from them . So that the Prince , who doeth thus tender his People , is saide to haue his Treasures more sure in the custodie of his Subjects , than if they were collected to his Coffers . For as they wryte , hardlie can Treasures bee saved in the hands of Princes , even in tyme of Peace , by reason of so manie occasions as they embrace to disperse them , to the splendor of their Courts , their bountie to their Favorites , publicke and popular showes , employment of Ambassadours vpon light causes , which perhaps had not beene taken notice of , if the Coffers had beene emptie , and such like : or it may bee ( say they ) that aboundance of present Moneyes doeth a-wake Ambition and Pryde , more than is expedient for their Prosperitie , and quiet of their People . And it is even a difficill thing of it selfe , to keepe thinges that are much desired , and of manie , namelie , hard to great Kinges , vpon whose bountie so manie greedie and importune Suters doe depende and hing ; Difficilis magni custodia census . Or if a temperate and prudent Prince , can saue them from all these , and leaue them to his Successour , yet seldome doe we find in the Stories , that they haue bene converted to anie happie vse . Tiberius the Emperour , left behind him 67 Millions , and his Successour devoured them in one yeare . Domitian , and Antonius Caracalla , did consume at their pleasures and ryot , the Treasures of Vespasian , and of Septimius Severus . Cyrus left 50 Millions of golden Crownes : his Enemie did carrie them : Darius left 80 Millions : Alexander the Great , did spend them . Sardanapalus left 40 to his Enemies . Pope Iohn the 22 , did leaue 33 Millions to the avarice of his Successours , Nephewes , and Favorites : Stephen , King of Bosna , had his Skinne fleede from his Bodie , by Mahomet the second , because hee did not employ his Treasures ▪ to the safetie of him-selfe . David ( as wee finde , 1. Chron. last Chap. ) left behinde him 120 Millions , ( which was the greatest Treasure ever heard of ) not to the arbitrement or appetites of his Successour , but by the speciall appointment of GOD , to the building of the Temple . Farther , wee may draw an Argument from an article of the Law of GOD , Deut. 17 , Where Kings are forbidden to multiplie Silver and Gold to them-selues , either for taking away the occasions of Aggravations and Imposts on Subjects , or of excessiue Prodigalitie of their Courts , or Pryde of moving vnjust and vnlawfull Warres , or to invite them to employ the superplus of their yearlie Rents , to present workes of Pietie , or Charitie , or advancement of the Common-wealth , one way or other . Augustus did furnish great summes of Money to the People , without Interesse , sayeth Suetonius : Quoties ex damnatorum bonis pecunia superflueret , vsum ejus gratuitum iis qui cavere in duplum possent indulsit : to those of meane and sober estate , who were able to set Cautioners for the double of the principall . And of the Emperour Alexander Severus , sayeth Lampridius , Foenus publicum trientarium exercuit , & pauperibus plerisque sine usuris pecunias dedit ad agros emendos , ●eddendas paulatim de fructibus : that is , foure for the 100 , to those of middle & reasonable estate , and to the Poore , without Interesse . And of Antoninus Pius , Iulius Capitolinus doth affirme the same . So that it hath beene thought by manie , that Treasures reserved in the handes of Princes , bee but like Cisterns , and reserues of Water , which may be soone exhausted , by daylie taking from them , because they haue no Fountaine : and againe , that the same being in the hands of the People , exposed to daylie Exchange and Traffique , is like vnto a running River , whose source cannot bee dryed vp . As Cornes doe not yeelde encrease that are locked in G●rnels ; but the seede dispersed through the ground , is the thing that doeth multiplie ; so are the Moneyes dispersed in popular Trades , onelie fruitfull . Neither doe I alleadge anie of these , as if Kings , and speciallie great ones , must not haue Royall and Magnificke Rents : for it is not possible for vs , who bee private Subjects , to know how manie necessarie occasions doe daylie occurre to them , of great and vast Expenses ; neither must wee bee curious for that part . That Princes are to liue with that Pompe and Dignitie , which is requisite to conserue Majestie , that wee doe know and see : That they must bee at hudge Charges , by sending out , and accepting in of Ambassadours , that wee also see : That they must giue Pensions and Fees to Counsellours , Statesmen , Noble-men , Captaines , and serviceable Gentle-men , that wee see : Lyke-wise , the exorbitant debursment vvhich is in Warre . But vvhat secret Bountie must bee bestowed through the VVorlde , amongst sure Friendes , in the Courtes of other Princes , by which kynd of practising they doe often-times best assure their Affaires , when all men thinke them in greatest perill : that , and manie such , wee doe not know , neither must wee enquyre : but when after their death , the Histories of their lyues come to bee devulgate , then wee finde and reade , what these policies , of having latent Friends abroad , haue imported to the greatest Kings . Doe not wee reade of King Francis the first , that to Almanes , Italians , English , Spanish , Switzers , he payed during all his life-time , great yearelie Pensions , vnknowne to the world for the tyme ? And of Lewes the eleventh , who was a sort ( I may say ) of Sorcerer , or Enchanter , in that kynd of subtiltie , to make mercinarie the Counsels of Neighbour-Princes : so farre , that there was none of them free from his corruption : by which doing , hee did render himselfe a Miracle to the World , for dexteritie of wit , to dissolue the strongest Leagues of his Enemies , without the drawing of a Sword : hee did pay by publicke paction to King Edward the fourth of England , 50000 Crownes yearelie : but with-all , secretlie to his Counsellours , and Domestickes , 17000 , also yearelie ; which ( sayeth the Wryter of the Historie ) was the truest Meanes of the two , for the continuance of that Pacification . In consideration of these necessarie and weightie Charges , ancientlie Subjects were wont to giue freelie to their Princes , and frequentlie a Portion of Money , that they called Oblations . Augustus did leaue behinde him in Testament , eleven Millions , to bee distributed amongst the People of Rome : where-into hee did subjoyne this Testimonie of the mutuall benevolence of the Romanes towards him , saying , that with-in few yeares preceeding his death , hee had gotten of voluntarie Donatiues , to the availe of 35000 golden Crownes . But now-a-dayes , Subjects haue for borne these voluntarie Gratuities in time of publicke indigence to their Princes , by reason that some avaricious Kings haue preassed to convert , the same to an annuall and ordinarie Duetie , as Philip le Long of France , having in his ●necessities granted by his Subjects the first impost vpon the Salt , of foure Denieres on the pound ; with this Condition , to stand but vntill his Debts were defrayed . Yet Philip de Valois there-after , did incorporate the same to the perpetuall Domaine of the Crowne , saying , that there could not bee a more competent thing to come vnder Tollage , than Salt , where-of all sort of People , poore and ritch , young and olde , had the necessarie and daylie vse . Or as King Philip the second , ( of whom I haue spoken ) having of before annexed to the Crowne Patrimonie , the third part of the Ecclesiasticall Rents ; yet for the support of the Warres , where-with hee was greatlie charged , had granted to him by the Prelates , a certaine summe of Money also of the two-part , which they called Subsidie , on condition to stand but some few yeares : hee also did perpetuate the same to the Crowne . But to returne to the purpose of Cases of Weaknesse to bee found into the Empyre of Spaine , wee cannot thinke , but , to bee feared of all , and hated of the greatest part , is a Weaknesse , if it were of the mightiest that ever haue beene : Passimus custos diaturnitatis metus , sayeth the great Statesman Cicero , That Feare can never make diuturnitie of Greatnesse . And all men know it to bee true , that the Spanyard is feared of all : I proue it shortlie , by the Church of Rome , ( the Iesuites excepted ) hee is feared vniversallie , to whom hee is most nearlie linked of anie forraigne Amitis : Ergo , much more by anie other Neighbour-Prince , or State , the trueth of mine Antecedent , is showed by two famous and infallible Testimonies ; one of the Historie of the Counsell of Trent , where a Man shall clearlie see , how this Feare did make the Sea Apostolicke , directlie to oppose the Grandour of Charles the fift , where-of I haue alreadie discoursed . For the second , I take mee to Cardinall Baronio , the most learned and most sincere , that hath beene amongst them in these late Ages , in his Treatise written against the Spanish vsurpation of the Kingdome of Sicile , where hee wryteth thus of Philip the second , in whose dayes hee lived , in one place , Sub vocabulo ( inquit ) Monarchiae , praeter vnum Monarcham , quod vn●m visibile caput Ecclesiae est cognitum , aliud in Monarchia Siciliae obortum , pro monstro & ostento caput Ecclesiae : that is to say , Aboue one Monarch over Sicilia , who is the onlie one visible head of the Church , having right vnto it , there is risen an other monstrous head and Monarch of the same . And in another place there-after , Ista sunt quae manus audax , ad sacrilegium prompt● , abstulit , à recitato Papae diplomate : Those things haue that bad and bolde-hand , readie to sacriledge rest from the Papall Title . This Cardinall had an offer of the Papall Diademe , made him from Philip the second , if hee would call in this opinion ; but did refuse it , preferring his Conscience to what-so-ever Palinodie . Next , vnto the Pope , the nearest Neighbour allyed to him , is the French King , his Brother in Law , of whose daylie Feares , and Iealousies of the Spanish Ambition , I were ydle to treate heere , it being so well remarked of the World. Since it is so with his most entire Confederates , I neede not , neither I hope to call it in question , whether the other Potentates , and States of Christendome , doe much more feare him . Therefore , leaving those , I come to try what probablie is the disposition of his owne People towards him . Portugall is of all his thinges in Spaine , of greatest importance , betwixt whom and the Castilians , there hath beene from all Antiquitie , not onlie Neighbour Emulation , but inveterate malice , and as it were , a fundamentall and naturall Antipathie of myndes and manners , as their owne Histories doe confesse . The heate where-of , no doubt , must bee greatlie encreased by this Castilian Tyrannie , so latelie and vnlawfulie throwne vpon them . There bee yet manie aliue there , who did spende their Blood , to haue withstood that Castilian pryde . It is an ordinarie speach of the Portugals , to say , That the Castilians bee worse th●n the Moores , who did first inhabite Castile . The Portugals are sayde to bee descended of the Gaules , their language approaching vnto the Latine . The Castilianes againe of the Vandales , Iewes , and Moores , their accent annearing to the Morasque ; where-of it is saide , that the Castilians being amongst the Turkes , are easilie induced to deny the Christian Fayth . And in this point appeareth to bee a noteable Weaknesse of that Empyre : Portugall accoasting to the Sea , so opportune and commodious for great Navies , the People manie , and malicious against their Conquerers , and having their Sores yet open and quicke . To come to their other Subjects , wee heare that the Arragonees haue their Myndes in like sort wounded , with the remembrance of the late Conquest made of them , and to speake generallie , of all the Nobilitie of Spayne ; yea , even of those of Castile it selfe . It hath beene ever so , that as Thieues haue beene studious to provide Backe-Doores , so great Noble-men vnder Kings , in all Ages haue wished , that some adjacent Prince might bee in Tearmes of Emulation with their Master , to whose protection they might haue recourse , in Case at anie time they should happen to fall vnder their Masters wrath , by their Ambitious and insolent carriage : things familiar eneugh to potent Subjects in everie Countrey . Now Spaine , being as it is at this day , conjoyned vnder one Crowne , in manner of an Yland , where-fra the Princes and Lords there-of , cannot easilie with-draw them-selues in such a Case , they are by that meanes brought vnder greater Feare , Slaverie , and Subjection . When there were severall Kingdomes in Navarre , Arrogone , and Portugall , the Castilian Nobles vpon anie distraction , or variance with their King , did finde easie retract and protection , with some of these Neighbour-Princes , perhaps with more Honour , and Preferments than at home , by reason of Neighbour Iealousies and Contention , the examples where-of , are most frequent in anie Historie : as in our owne , wee finde , that before the vnion of Great Britane , it was more easie and secure for Scottish Noble-men , to offende their Princes , and leape out from their obedience , having so neare a Sanctuarie , in the Hospitalitie and Armes of England , by reason of Neighbour Distractions , than it is now , when their nearest refuge should bee Spaine , or Flanders . And as ancientlie that advantage did often a-wake the Pryde of our great Men , and giue way to Rebellion , against their Kings : So the solide Incorporation that now is , hath put a Brydle into the Teeth of that kinde of Ambition , that no stirre can bee heere to trouble a King , vnlesse it were , by generall revolt of the whole Countrey , or receiving of Forraigne Armes with-in our Bowels , and joyning with them . And as the supposed prowde and tyrannous Governament of Spaine , is thought to enstrange the Hearts of their Nobilitie from their King , and to make them more practizable to rebellions , if they should see the occasion faire ; so there is no doubt , but dure and rigorous Governament , should even in this Kingdome , or anie other else , produce the like Consequences . Al-wayes , the Nobilitie of Spaine , at this day , doeth want this Sanctuarie of Refuge , that the skurviest Marshall is able to arrest the greatest of them : and now with much griefe they doe resent the effectes of that , which was prognosticated vnto them , when King Charles the fift began to extende the Wings of his Domination ; for the which cause they did show them-selues notablie displeased with the conjunction of Portugall , as Don Francisco de Ivara , a noble man of Castile , being Ambassadour at Paris , during the League , Anno 1579 , hearing by a French Gentle-man , newlie come from Africke , that the Moores were in feare , having intelligence that King Philip did put together great Forces , for to conquer them , vnder pretext to revenge the slaughter of Don Sebastian , King of Portugall . ( for so did Philip make the World belieue , when hee did conveane his Armies against Portugall ) But the saide Francis did answere this Gentle-man , saying , It is well , that the Moores bee in feare , but it is better that your Master , the King of France vnderstand the intention of that Armie , to bee against Portugall ; which if hee doe conquere , your Master , and the Pope , and all the Princes of Europe may lay compt , by length of time , to bee his Tributaries . Which speach doeth well enough demonstrate the aversnesse of the Spanish Nobilitie , from the fearfull Greatnesse of his Empyre . The State Ecclesiasticke indeede doeth more affect him , yet I haue tolde you , that hee doeth skumme the Fat of their P●t : but of this Weaknesse , which wee gather , of discontented humours of their Nobilitie , there is no advantage to bee gayned by secret Practises , because of the terrour of the Inquisition . His Iesuites , and perfidious Ambassadours , get libertie with other Princes , to traffique & to traytor at their pleasure ; whereof wee haue late experiences to our owne Coastes , but none dare adventure that kynde of doing in Spayne . Al-wayes , out of those it may bee surelie enough presumed of the Nobilitie , ( namelie , of their late Conquests of Spaine ) that when they should see a puissant Enemie amongst them , the Fyre of their indignation should breake foorth so much more violentlie , by how much it hath bene long & masterfullie suppressed amongst the Ashes of their Servitude , sayeth Scip. African . in that Oration to the Senate , for sending of Forces in Africke , during Hanniballes being in Italie , Non speraverat Hanniball fore , ut tot populi in Italia ad se deficerent , post Cannensem dedem , quanto minus quicquam in Africa firmum a● stabile sit Carthaginensibus , infidis sotiis , gravibus dominis ? Hanniball did not looke for so great revolting of People with-in Italie , from the honest and generous Romanes , after his victorie at Cannas : how much lesse can things bee firme and sure in Africke , to the Carthagenians , a Nation treacherous , and vntrustie to their Associates , and tyrannous to their Subjects ? which Saying howe properlie it may bee applyed to the present Purpose , anie man doeth see it . Next , it is thought , that there bee small store of Armes in Spaine , the numbers of Cities and People considered ; partlie because they goe for the furnishing of his Warres abroade , and partlie because it is not thought expedient by his Counsell , that Multitudes but latelie conquered , whose Myndes are yet suspected , should bee armed at their pleasure : remembering well vvhat had almoste befallen KING PHILIP the third , if the Moores , called N●vos Christianos , ( vvho then had a neare Designe agaynst him ) had not beene suddenlie disarmed , and cast foorth of the Countrey . Moreover , the prowde and tyrannous nature of the Spanyard , is no small point of Weaknesse : for why ? the LORD GOD doeth humble the Prowde , and punish the Oppressour ▪ Tolluntur in altum ut lapsum graviora cad●nt . I doe not onelie speake of that dominant and Monarchicall Pryde , mayntayned by so manie Cruelties , Perfidies , and Impieties bore-saide ; but vniversallie of the verie vulgar pryde , chiefelie of the Castilians . Even as the fumes of strong Wyne , doe inebtiate , and make gidd●e the Braines of Man , transporting them from the centre of their place ; so doeth Pryde blynde and confuse the Vnderstanding : ( and as seldome Prudence doeth accompanie Youth-head ) Even so is Wisdome rarelie conjoyned with too much Prosperitie . Neither shall it bee out of purpose to speake a few wordes of the Spanish Nature in generall . They are extreamelie melancholious , which everie ●ot of their carriage doeth verifie , their graue Apparell , their sober Dyet , their Dauncing , their Musicke , their hunting of Buls , their personall March , their austere Phisnomie , obscure Colour , vnpopular presentation ; where-of everie thing is disgustfull to M●n of other Nations . Melancholie is a tenacious and vis●uous humor , where-from proceedeth their slowe and lingering Deliberations , the longsomnesse of their Actions , their constant Prosecution of their Enterpryses , their obstinate adhering to auncient Customes , abhorring imitation of Forraigne Manners , their Superstition in Religion , their silence from Discourse , and reservednesse from Conversation ; which indeede doe make them , being contemplatiue , more capable of solide Knowledge . They goe heere and there , through Neighbour-Countreyes , but never procure familiaritie of friendship with anie Man : yea , there is small interchange of Kindnesse or Courtesie amongst them-selues , because , attour beeing thus concentricke and contracted with-in them-selues , they doe make profession of Punctualitie , which is contrarie to Friendship , that in its owne nature is open and communicable , liberall of Discourse and Complements , and of steadable Actions , thinges opposed to those who stand vpon pointes , measure their Paces , and number their Wordes , fearing to perill their Reputation for a Syllabe more or lesse ; as if they durst not adventure to goe without the Confines of their Melanch●lie : where-as by anie experience , one would thinke , that Punctualitie is not onelie Enemie to Friendship , but contrarie to great Actions , because what convenience can bee betwixt Greatnesse , and that which is small ? a point ( as everie Man knoweth ) doeth verie nearlie approach to nothing , and Punctualitie , to Nullitie . Therefore is it , that hee who standeth vpon points in Businesses , often-times attaineth nothing ; which , men say , was the chiefe reason of their bad Successes against England , and Algiers , where the Designes of their Enterpryses were founded vpon such Subtilties , Moments , and points of time , as was not possible for anie Generall to obserue , except him who could controll Tyme , and make the Sunne fixed , as to Ioshua , or retrograde , as it was vnto Ezechias . Lastlie , to come without the Confines of Spaine , to consider what trust they haue with their next Neighboures , if men of experience should enter to dispute , on what side it were most advantagious for Enemie-Forces to enter vpon Spaine , one might ●ay , that even Navarre were not vnfit , al-be-it it bee vnlawfullie possessed by them , yet those are the naturall Subjects of the French King , and there should bee found at this day , the Grand-Children of them who did lose their Lyues and Goods in the service of his Predecessours , against the tyrannie of Spaine , and who them-selues would vnder-goe willinglie the like , to haue him restored to bee their King. Adjacent to Navarre , are the Countreyes of France , whose bravest Men doe even now carrie into their Faces , the honourable Seat , and Marks of the bloodie Woundes which they did couragiouslie sustaine , when the Spanyard did employ all his Forces to extinguish the glorie of that Nation . Wee neede goe no farther , for if wee should travell to the Worlds ende , wee shall never arryue there , where they are not either feared , or hated , or both . Now , since so it is , that this Catholicke Ambition aimeth over all , everie Man seeth that it doeth require a strong Opposition , the Meanes where-of , and easiest Possibilities , is not an vnfit Contemplation for vs of this Yle , who for the present seeme to bee most threatned by the same . It cannot bee opposed , but by Warres : and these are not to bee wished . Al-be-it GOD and Nature haue their good endes in Warres , as GOD to purge the Sinnes where-with a Land is defiled , and chieflie of the Gentrie , by Pryde , Oppression , and Lust : and Nature againe , to cut , as it were , and crop the over-grouth of the Civill State , when People doe multiplie aboue the proportiō of the Countreys means ▪ yet wee are not to desire Warres , but rather wish the sending out of Multitudes to Neighbour-Warres ; or by transportation of Colonies , where wee can finde anie possibilitie to plant them ▪ vvhich is the most laudable and lawfull Meanes of the two , for the disburdening of populous Countreys ; because Warres are never without too much Crueltie , and effusion of innocent Blood : yea , even where the Pretences , and Claymes of Princes and States seeme to bee most just , the grosse of their Armies are brought to the Shambles , and innocentlie murdered ; at least , they are guiltlesse of the Ambition which did moue the Warre , al-be-it it pleased GOD to punish them that way , for other Sinnes , and to purge the Land there-from : But by transportation of Colonies , GOD did people the Earth , as the sacred Historie showeth : Nature doeth the same ; for are wee not all of this Occidentall Worlde descended of the Trojan , Aegyptian , or other Forraigne Colontes ? Nature hath imprinted this Politicke Instinct into Beastes : when the Eagle hath taught her young ones to flye , and catch their Prey , shee doeth no more admit them to her Nest , but dryveth them away : and if shee finde anie one laysie , and vnwilling to labour for it selfe , shee killeth it . The Bees constraine their brood , when they once can flie abroad , to seeke new Habitationes . All well-governed States haue followed the same , there being no surer Rule in Policie , than the imitation of Nature , which things I neede not heere to discourse , being of daylie practise in the World , so notorious in Histories , and latelie so well set downe , by a vertuous and worthie Gentle-man of our Countrey , Sir William Al●xander , now Secretarie for Scotland , in his Treatise for Plantation of Nova Scotia ; of which Enterpryze , and of all such like , I must say thus farre , that they are not onlie vertuous , and noble , but in a degree heroicke , aboue ordinarie Vertue , and Nobilitie : and for this Assertion , I giue my reason thus ; GOD did frame the World to the ende , that by length of time it might bee peopled , and that no corner there-of might bee emptie of holie Altars , Priests , and People , to celebrate His Worship : So that hee that putteth his Handes to such Workes , for plantation of Countreyes disinhabited or desarted , hee doeth second the first Intentions of GOD toward the World , and doth puisse the course of Nature , so farre as in him lyeth , to her destinate perfection : and al-be-it this braue Enterpryze of the fore-saide Gentle-man , bee some-what with-stood , by that vnluckie Genius of our Nation , ever esteemed to bee averse from such publicke Vertues , witnessed by manie particulars in our Dayes , namelie , by the bad successe of the late Yron Works , long gone about by inexhaustable paines of another great spirit amongst vs ; and falling in the ende , for want of concurrance : Not-the-lesse , let not Vertue want her due , to bee honoured of Men , Sat magnum est voluisse magna : and seeing no Nation hath greater cause than wee , to try the Fortune of Transplantation , let vs bee a little ashamed to bee so contrarie to this Designe of Nova Scotia , that wee doe not onelie refuse to embarke our selues into it , but wee seeme to haue an heart-sore , that His Majestie should conferre the marks of Honour on such as doe joyne therevnto ; while as wee cannot deny him to haue the more high and noble Mynde , who doeth it , than hee who refuseth , by as farre as Hope is more heroicke than Despare . Rome was not builded in one day , and manie glorious works haue beene founded vpon doubtfull and difficill beginnings : although manie of vs doe holde it an ydle Project , yet vnderstanding Men haue seene and contemplate the Countrey , who intende to returne and remaine there-in , certaine , it is more ydle , and more vnreverend with-all , to thinke , that GOD hath placed a Region vnder a degree so temperate , which hee will not suffer to bee peopled by tyme. Al-be-it Men haue often builded Houses , and never dwelt into them , much lesse haue plenished them ; it is not so with GOD , whose endes are infallible . For my part , I doe holde , that that insearchable Wisdome hath framed no part of this whole Globe , which is not capable of Man , and sufficient for the mayntaynance of his Lyfe . But as touching the nature and condition of Warre , such are the Distresses that come by Warres , that even the best Fortunes of the Victors doe seldome contrapoyse them : In pace causas & merita spectari , ubi bellum ingruat innocentes ac impios juxta cadere , sayeth one . What Warre was there ever in the World , which was not damnable , for desolation of Cities , exterminion of noble Houses , spoyle of poore People , rape of Women , violation of Churches , and of Holie Things ? And happie is that Warriour , whose Sword hath not beene defiled with Christian Blood. Augustus , that mightie Emperour , did abhorre Warre , and adore Peace : his Successour Tiberius , did arrogate to him , as the greatest of all his Glories , when hee had pacified anie Tumult , rather by practising , than by Warre . The Emperour Adrian , did compare Peace to Argent Content , and his Forces were most strong , and when hee could quyer his bordering Nations vvith peaceable wayes : jactabat palam ( sayeth Aurelius Victor ) plus se ocio adeptum quam armis caeteros : hee bragged openlie , that hee had done more in Peace , and Quietnesse , then his Neighbours had by Armes . I know farther , that when GOD hath brought a State to a sort of Maturitie , and Perfection , that it is , as compacted and limited naturallie ; as presentlie is this Monarchie of GREAT BRITANE , consolidate with-in it selfe , and confyned with-in the Occean , that then it is good , to feare the instabilitie of thinges . And seeing what-so-ever thing is vnder the Moone , yea , the Moone it selfe , is subject to ordinarie changes ; It must bee an heroicke , and more than an humane , yea , a divine worke , the mayntayning of great Kingdomes to great length of tyme : and this is not done , but by a prudent warinesse and moderation , when States are once come to a maturitie for reasonable greatnesse , or for Antiquitie , as this Kingdome ( I say againe ) of Great Britane . It is written of Scipio , that when hee had ruinated Carthage , and destroyed Numantia , the two Competitors , and Emulators of Rome , then hee did not so much wish the farther increase , as the continuation of the Romane State : So farre , that beeing himselfe Censor a whyle there-after , and making the Lustrum , at the pubilcke Sacrifice , the Master of their religious Ceremonies , according to their forme , hee prayed for the daylie growing of their Empyre . Scipio did correct and change the Style of that Invocation : Satis inquit bonae ac magnae sunt res Romanae , itáque Deos precor vt eas perpetuo incolumes servent , ac protinus in publicis tabulis ad hunc modum carmen emendari voluit , sayth the Historie : Hee would haue the Gods to be invocated only for the continuation of the Empyre , because it was alreadie great enough : and hee would haue that Phrase of Prayer to remaine there-after in the Bookes publicke of their Priests . In which case , I say , it were madnesse for vs of this Yle to cry for VVarres , out of Pryde , or for extention of Empyre . The mightiest Kings of England ( as I haue before touched ) did finde their Forraigue , Ambition but troublesome and fruitlesse , that after the possession of manie Ages , they were contented to quy●e the things that they and their Predecessours had lawfullie , justlie , and long brooked in France . But now it is one thing to wish VVarre , and another thing to embrace tymouslie a most necessarie and inevitable VVarre . Omne bellum necessarium est justum , said that Captaine of the Volsques , in Livius , when the Romanes had determined to conquer his Countrey . And no Man can deny it that VVarre which is necessarie , is just ; because wee defyne necessarie , that which can bee no other-wyse . The Volsques behooved to quyte their Countreyes Libertie , or fight with the Romanes . Againe , that VVarre which is mooved to procure Peace , and is defensiue , it is a just VVarre : GOD and Nature doe warrand that . So , I say , for ought I see , wee are to embrace a VVarre most just in all these three Respectes ; and I show it by this Argument : To doe that which may stop the comming against our Countrey , a mightie Enemie , whose designe to conquer vs is hereditarie to him ; it is both necessarie , defensiue , and tendeth to purchase Peace : But to make VVarre to such an Enemie , within some part of his owne Dominions , is to impeach and stop his comming : Ergo , the mooving of VVarre against him , is just , defensiue , and tendeth to procure Peace . The Major of this Syllogisme is so cleare , that it needeth no probation : the light of Reason doeth show it . The Minor is verified by the ordinarie experience of all Ages gone , and Histories bee full of Examples of the same , where-of I will alleadge , for Brevities cause , but three or foure , of the most famous , and most frequentlie cited by everie Man , vpon this kynde of Theame : The noble Yland of Sicilia , seated betwixt Rome and Carthage , ( the two mightie Emulators for the Empyre of the VVorld ) was long stryven for , and often-times assaulted by them both , as a thing that would downe-swey the Ballance of their Emulation , and draw after it vniversalitie of Dominion . Amongst others , Agathocles , King there-of , beeing hardlie besiedged with-in his Towne of Syracuse , by the Carthagenians , hee did closelie convoy him-selfe foorth , and went with an Armie into Africke : by meanes where-of , they were forced to lift the Siedge , and turne home for defence of their owne Countrey . Which exploit Scipio Afri● . did object in these Termes to Fabius Maxintus , who went about in the Senate , to hinder the sending of an Armie with Scipio against Carthage , during Hanniball his beeing in Italie : Car ergo Agathoc●e●● Sy●● . regem 〈◊〉 Sicilia punico bello vexaretur , transgressum in hanc eandem Africam avertisse eo bell●●n , vnde venerat , non rofers . There-after the Romanes perceiving that Amilcar , the Father of Hanniball , was likelie to adjoyne Sicile to Carthage : therefore , to prevent that a conquering People should not spreade over their Armes to Italie , they resolved to make VVarre with them in Sicil●a it selfe . From the same ground , the Carthag●nian● , after the fulling of Sicile , into the handes of the Romanes , fearing lyke-wyse their comming into Africke , they did sende Hanniball , with strong Forces into Italie , to keepe them at home : where-of sayeth the same Scipio , in the same place and to the same purpose , Sed quid veteribus externisque exemplis opus est majus praesentiusque ●llum esse exemplum quant Hanniball potest . From the same ground , yet the Romanes , by sending of Scipio to make VVarre in Africke , made Hanniball constrainedlie to bee called out of Italie ; Quasi eodem telo saepius retorto , ( sayeth one ) as by a naturall , necessarie , and ordinarie meane , for keeping of anie State peaceable , and free from Enemie-Invasion , namelie , of the weaker , from the more mightie . For even in lyke manner , when the great Persian Monarchs did often afflict the weake and dismembered Estates of Greece , gaping at length after the conquest of all , Agesilaus , King of Lacedemon pitying his Countreys Calamit●e , and to divert those mightie Kinges from Greece , he did put him-selfe with a maine Armie into the midst of Persia , where hee did so daunt the pryde of Xerxes , that it behooved him to practise the same Policie , for Liberation of his Kingdomes , from Forraigne Powers , hee sent 10000 great pieces of Golde , bearing the Image of an Archer : on the one side ( the current Stampe then of his Coyne ) to corrupt ( as it did ) the Orators of Athens and Thebes , and concitate the People , to make Warre to Lacedemon , in absence of their King , and Countreyes Forces : where-vpon the Ephorie were compelled to recall Agesilaus , who in his returning , saide , that 10000 Persian Arcbers had chased him out of Asia . Againe , of the lyke practise to this of Xerxes , with Athens and Thebes , for mooving and keeping of Warres in Enemie-Countreyes , that wee may remaine within our selues free from their Invasion , wee reade in the Histories of Scotland , that the renowned Prince , Charles Magne , having an holie and Christian Resolution , to prosecure ( as hee did ) Warres against the Barbarians : and finding the English begun in their prosperitie , to crosse the Seas , and to molest the Borders of his Kingdome of France , hee sent Ambassadours to Aebains , King of Scotland , to negotiate with him a perpetuall League , in these Termes , that when-so-ever the English should molest either of their Countreyes , the other should moue Warre to England , and so constraine them to call home their Armies . Which ( after great Controversies of Opinions amongst the Scottish Nobilitie , and frequent Orations of the French Ambassadours ) was finallie concluded , and stood to , by their Successours , in all tyme following ; with often mutuall Advantages against their Common Enemie . For late Examples , I haue alreadie tolde you , how King Philip made Warres in France , and intended against England , and that to the ende they should retire their Forces from Portugall : Hanniball did ever affirme , namelie to King Antiochus , that it was impossible to vanquish the Romanes , but at home in Italie , as the same Livius doeth testifie . Now I thinke yee will come to the Hypothesis , and put mee to prooue , that the Spanyard is that mightie Enemie , who intendeth to trouble this Kingdome . That hee is mightie a great deale aboue that , which wee would wish , I haue alreadie showed , and that hee is our Enemie , not onelie by actions intended , or projected , but diverslie alreadie attempted , these are the Circumstances , which doe qualifie it : First he is Enemie to all Christian States , by the vniversalitie of his Ambition : Ergo , also to vs ; Secondlie , his Grandsire , Philip the second , did once obtaine a matrimoniall right to the Crowne of England , by his marriage with Queene Marie . Thirdlie , & a Papall right , by excommunication of Queene Elizabeth . Fourthlie , hee did set foorth a great Armada , to haue reconquered it , as is before rehearsed . Fyftlie , hee hath ever since , and as I thinke , doeth yet maintaine with-in it , a claudestine Traffique of Iesuites , and Seminarie Priests , to alienate the Hearts of Subjects from their naturall King , or to keepe them vmbragious , and suspended in myndes , vntill his better occasion . And I doe thinke , that besides Ambition puissing him there-vnto , there bee no Neighbour-States that hee so much feareth , by reason of their strong and skilfull Navigation , as yee will heare heere-after more particularlie . But this King that nowe is in Spayne , hath proceeded farther : hee hath reft , and taken away , the whole estate of the Palatine , who is Brother-in-law to His Majestie , our Soveraigne : and by that deede , hath made this Warre to bee defensiue to vs : Non enim nobis solum nati , &c. Wee are not onelie borne to our selues , but our Prince , our Parents , our Children , our Friendes , Common-wealth ; and Religion : everie of these haue their owne part and interesse in vs , and all these together doe concurre to move vs to so just a Warre : so far , that if that Prince Palatine were not linked to vs by so near Allyance , and by communion of one Fayth ; yet , Tum tua res agitur paries dum proximus ardet , the propulsion of a fearfull Enemie approaching nearer to our Coastes , and seeking to do mineire over all , is sufficient enough to make all the braue Heartes of Christendome to boyle : Besides these , hee hath put vpon vs intollerable Indignities , in a verie high degree : hee hath made vs , by false , and persidious Promises , to bee as indifferent beholders of his conquest of the Pal●tinate : yea , more , to facilitate his engresse there-to , hee hath made vs to seeke Peace , perhaps , to haue beene accepted vpon disadvantagious Conditions , and hath refused the same . And hee who refuseth Peace , by necessarie consequence , doeth intende Warre . The marriage of our King , hath beene agitated by him , and illuded : and hee who doeth containe so neare friendship of Neighbours , appearinglie intendeth to bee their Superiour . And so hee hath left vs no hope of Peace , but in Armes : therefore wee may conclude with that Captaine of the Volsques , of whom I spake before , Iustum est Bellum , quibus est necessarium : & pia Arma , quibus nulla nis● 〈◊〉 Armi● relinquitur spes : Their Warre is just , whose Warre is necessarie , and their Armes bolie , to whom there is no hope relinquished but in Armes . Since then I holde it granted , that of necessitie there must bee Warres , it followeth to consider the Forces to bee employed there-to , and those must either bee properlie our owne , or of conjoyned Confederates . Wee are bred into , and doe inhabite , a Northerne Region , naturallie generatiue of great Multitudes , of more bellicole kynde , and of more robust Bodies , than those of the Southerne Climates : And al-be-it wee haue for the first face , but small opinion of our vulgar sort , because an hard condition of living hath some-what dejected their Hearts , during these late vnfruitfull Yeares : yet there bee manie strong Persons of Men amongst them , who pressed for the Milice , and once made acquainted there-with , and being fred from the Povertie and Basenesse of their carriage , they will more gladlie follow the Warres , than the Plough . Wee haue numbers of braue Gentle-men , wanting vertuous Employments , and , for the most part , necessarie Meanes . Wee reade in our Countrey Annals , how our auncient Kings did lose in Battels , yea , and frequent Battels , ten , or twentie , or thirtie thousand Men , when Scotland was not so populous . What should wee then doubt , nor wee bee able now to make great numbers ? and that is alwyse easilie tryed , by Rolles of Weapon-showes , if they bee diligentlie noted : and so what doe wee lacke of Warre , but Armour , Discipline and Mayntaynance ? And certainlie , it is strange , that in this great appearance of Warres , the two or three yeares by-gone , no order hath bene given , to bring able men vnder Discipline . Wee heare , and haue read , that even in Spaine , when the Countrey-Youthes of vulgar kinde are in-rolled for the Milice , and brought to Cities for Discipline , they doe looke as most vile and abject Slaues : if one haue Sockes , hee wanteth Shooes ; and manie doe want both : if another haue Breaches , hee wanteth the Doublet : pitifull Bodies , and our of countenance : but when they bee exercised during two Moneths , and once put into Apparell , then they are seene of most haughtie Carriage , and to walke as Captaines in the Streets . Why then are wee not to expect the lyke of our People , if lyke paines were taken ? and if in everie Shyre 〈◊〉 Men expert in the Souldierie were set a-worke to in-roll , and bring vnder Capt●ines , and Discipline , those who were most fitting for the Warres , no doubt but our basest Clownes should grow both to civill conversation and cowrage . There hath never beene yet anie great State carelesse of the Militarie Seminaries , not in times of most solemne and sworne Peace . As for Allyance , Leagues , or Confederacio in Warres , they are indeede not onelie necessarie , but as I haue saide before , even naturall to bee , for the safetie of smaller States , or Princes , from the tyrannie and violence of the mightier : But with-all , they haue beene often-times subject to one of two great Inconveniences , either to Pryde , for Preferment , or Prioritie of place during Warres : where-thorow what dangers did ensue in that famous Confederacie for the Battell of Lepanto , because of emulation betwixt Don Iohn de Austria , and Vinieri , the Admirall of Venice , the Storie doeth beare it at length : and al-be-it it pleased GOD in His mercie , to favour the present action , yet the rememberance of that Contestation , did debrash all farther prosecution of that glorious and holie Enterpryse , and vtterlie dissolue that Christian Vnion . Neyther is it a new thing , al-though I bring this late Example for it : The Romanes in their beginnings , being confederate with the Latines , in a League offensiue , and defensiue , the Latines did challange Paritie of Governement : Si societas aequa●io juris est ( sayeth Livius ) cur non omnia aequantur , cur non alter ab Latinis Consul datur , vbi pars vivium , ibi & imperij pars ? Tum consul Rom ▪ audi Iupiter baec scelera , perigrinos Consules , &c. If societie bee an equalitie of things , Why are not all things made equall to vs ? and why should not one of the two Consuls bee a Latine ? Where-vnto the Romanes did answere , by attesting Iupiter , that it was an impious demande , to haue a stranger Consullover them . Or againe , Leagues are subject to fraudfull desertion of some of the Sociation , in time of greatest Danger : Wherof the World is full of daylie experience . I will remember that of Lodowicke Duke of Milan ▪ who vpon malice against the Aragones of Naples , did procure King Charles the eight of France , ( pretending some Title to Naples ) to bring a great Armie into Italie , & joyned with him , a Confederacie of divers of his Friends in Italie : But seeing the said King , to passe thorow so fortunatelie , and to behaue him-selfe as a Conquerour in manie of their Townes , and to enter peaceablie in Naples , without that anie Teeth were showed against him , as the King returned from Naples home-ward , the same Duke did negoti●te a League of the greatest Potētates against him , who did constrayne him to fight a Battell at Forum Novum , vnder the Apennine , where hee did hardlie escape with his lyfe , although hee over-threwe them . I haue tolde you alreadie , how Philip the second of Spayne did desert Don Sebastian of Portugall , and betray him by a League : but of all Examples for this Purpose , that is most remarkable , of the Confederacie drawne by Charles of Burgundie , with the whole Princes of France , agaynst Lewis the eleventh ; where-vnto they were so bended , and willing , that they did call it , Bellum pro Rep. A Warre vnder-gone for the Common-wealth . Which Confederacie , that subtill King did dissolue , as Clowds dispersed with the Wind , before they could grow to Raine : where-vpon , sayeth the Wryter of the Historie , De Comines , That hee holdeth one partie stronger for him-selfe , who doeth command absolutelie over 10000 , than are ten Confederates against him , al-be-it everie of them doeth command over 6000. To come to our Purpose : There are as manie Christian Princes , and States , true Enemies to the Spanyard , as are able to devoure him , in two or three Yeares , if it were possible to contract amongst them a Confederacie , or League of Salt : that is to say , which might endure without Corruption , of Fraude , or Emulation . And therefore heere must I say , that all the Actions belonging to a King , are of light importance , compared to this , to maturelie deliberate both of his owne Forces , and of the trustinesse of Confederates , before hee doe enterpryze VVare . Alwyse , when wee take but a single view of our Associates against Spayne , wee should thinke it strange , why they may not stand vnited , beeing al-readie conjoyned , by Vi●initie of Neighbour-hood , by Consanguinitie , Affinitie , communion of one Cause , against a Common Enemie , communion of one Fayth : connected , I say , everie one of them , by diverse of these Bandes , our Soveraigne , the King of Great Britane , the French King , his Brother-in-law , the King of Denmarke , his Vncle , the Princes of Germanie , all knit to the Prince Palatine , eyther in Blood , in Religion , or participation of one Feare of the House of Austria : the Duke of Savoy , who lyeth nearest to the Thunders and Threats of Spayne , having a great part of his Territories circumscribed by them : the Venetians , who beholde his Garrisons daylie vpon their Frontiers , gaping for some good oportunitie of Assault ; Holland , and her Estates , who haue beene so long protected , and as it were , fostered in the Bosome of the Crowne of England : now , who would not conjecture , that this Tygers VVhelpe might bee surelie impailed amidst those mightie Hunters ? and that it were easie for them to bring him to his latter sweate . I scorne heere to call in question , what invincible Armies they might assemble by Sea and Land , sufficient to robbe him of all that hee hath : for it is thought , that if after the taking in of Portugall , England , France , Holland , and other Confederates , had then put into it amongst them all , but 30000 Men , with sufficient Shipping , and Munition , they had beene bastant to recover it , and King Philip had beene forced to forbeare from the farther troubling of France or Holland . And yet to treat this Point of so great Consequence , with Candor and Sinceritie , I finde , that Men of great experience for Warre , doe holde opinion contrarie to this , beeing of the mynde of King Francis the first , who saide , that longsome VVarres , and small Armies , served rather to exercise Men in the Artes Militarie , than to daunt the Enemie : and that without grosse Armies , and quicke dispatch , it was not possible to compasse great Enterpryses : saying with-all , that the Maintainance of small Armies , and longsome VVarres , was much more chargeable than the other . They tell vs , that the Empyre of the Turke beginneth to decline for his Pretermission of two thinges , which his Predecessours did obserue and follow : One , that hee goeth not in person , to bee over his Armies , as they did : another , that they are not so numerous and grosse as they had them , and that light exploits , and often leading of small Armies to and froe , doeth but teach the Milice to his Enemies , and spoyle his owne Countreyes , thorow vvhich his Souldiours so frequentlie doe passe . Where-of they giue vs this Example : Amurat the third , kept vnder the commandement of his Bussaes , a lingering VVarre , of more than twelue Yeares , employing not verie great Armies against the Persian , vvhere-by , al-be-it hee conquered great partes of his Countreyes , yet vvere his Losses knowne to bee greater , because hee spended the Flowre of his Forces , of young Souldiours , and lustie Horses , 200000 Horses , and more than 500000 Men , from the beginning to the ende , and made desolate the Countreyes that hee tooke in : so farre , that Osman Bassa alone ( besides what vvas done by others ) did cast to the ground , and burne , 100000 Houses , besides that the Persians , their Enemies , during that great length of tyme , did become more skilfull Warriours than themselues . The Spanish Warres against Holland , Zealand , and Friezland , haue vvrought the same Effects . Agesilaus , King of Lacedemonia , in his longsome Warres against the Thebaus , having one day received a dangerous Blow in his Person , was tolde by one of his Friends , that hee deserved vvell to haue it , because hee had taught his Enemies to bee good Souldiours . I confesse indeede , that in this point of teaching the Arte Militarie to Enemies , vvee can lose nothing , beeing rather to learne from them : but whether the employing of small or grosie Armies against them , shall bee most hurtfull to them , before vvee say to that , wee must consider vvhat parts of his Dominions doe lye most open for our Invasion , and most easilie and profitablie brooked : for I take it also as granted , that as there must bee Warres , so they must bee with-out our Countrey , and into that of the Enemie . Never an actiue Prince was knowne to looke on , vntill the Enemie should bee seene with-in his Bowels . There be thousands of Examples of Ignorants , who by so doing haue cast away their Kingdome from them-selues . Antiochus , Persius , Iuba Ptolome the last of Aegypt , Darius , some of the French Kings , as King Iohn , taken vvith-in his owne Countreyes , by Edward , the Blacke Prince of England : And for this cause , Philip of France , called the Conquerer , vnderstanding that the Emperour , Otho the second , and the King of England , were to assault his Kingdome , hee fortified sundrie strong places , and led his Armie without the Frontiers , vvhere hee did combate , and defeat them . Wee reade in our Scottish Histories , how frequentlie Armies haue bene convoyed beyond our Marches , to find the Enemie , before he should enter amongst vs. So long as a Countrey is free from open Hostilitie , as long it doeth not feele extreame Calamitie ; sayeth Scipi● Afric . for putting of Armies into Africke , Plus animi est inferenti periculum quam propulsanti , ad hoc major ignotarum rerum est terror , &c. The Assaulters of anie Countrey must haue greater cowrage than the Defendants , who having mo● things , and more deare , in perill their Houses , their Rit●●es , VVyues , and Children , are more taken with feare : besides , being with-in the Enemies Countrey , yee doe discover all his weaknesses , whylst your strength and possibilities , the more they bee vnknowne to him , they doe the more encrease his terrour . But to speake of places in generall , most proper for this VVarre , there is none more honourable than the Palatinate , ( al-be-it most difficill to come vnto , by reason of remotenesse from the Sea : ) without the restitution where-of , there can remaine no credite with the parties and Princes of the League . I heard a Scottish Captaine of good experience in those Countreyes , latelie say to mee , that it was impossible to recover the Palatinate , but by Sea Advantages over the Spanyard , because it was so farre remooved from Friends ; and I did aske him , how the late Prince of Parma did leade 10000 Men to Paris , in the Teeth of a mightie King , amidst his Armies ? hee answered mee , that those were carried as in Trenches , and the way was easie , without impediment of Mountaines , or Rivers . Againe I demanded , how did the Christian Kings ancientlie of England , Scotland , and France , convoy their Armies to the holie VVarres of Hierusalem , and most part over Land ? or how Alexander the Great , an Armie of with-in 40000 , from Macedon , to the Easterne Occean , and did subjugate all the Nations by the way ? or how Iulius Caesar , a smaller by the one halfe , from the occident of France , to Pharsalia in Greece ? or Hanniball from Carthage , by the way of Spaine and France , thorow so manie alpestiere and precipitious Mountaines , even to Naples , and brooked Italie fifteene Yeares ? Although themselues were excellent , and incomparable Captaines , and of extravagant Fortunes , yet their Souldiours appearinglie haue beene but such Men , as doe yet liue in the VVorld , the difference and ods of Tymes excepted : for softnesse and Delicacie in some , and contemplation , and loue of Letters in others , haue so daunted , and as it were emasculate the cowrage of Men , who now are , that none is able to endure that austeritie and hardnesse of living with Hanniball him-selfe , let bee his Souldiours . The next Fielde fitting for this VVarre , is that which were most easie to come vnto , and likelie to bring the Businesse to a short and prosperous Ende , and this is the Countrey of VVest Flanders , if this fatall Iealousie of Neighbour-Princes , which hath beene so manie tymes contrarious to the best Designes and Enterpryses of Christendome , did not heere with-stand : that is to say , if the French King did not call to mynde , how that was the Port where-at ancientlie the English did so often enter to trouble his Predecessours . It is a wonderfull thing , if Kings so nearelie allyed , and so nearelie touched by one Common Danger , cannot bee assured from mutuall Iealousies in the meane tyme , Nulla fides regni sociis . Therefore , leaving that to the Event which GOD shall grant , I will speake of putting Armies into Spayne by Sea , wherevnto , it may bee , yee will object the small Successes ; now , of a second Navigation of the English to Portugall ; and that His Majestie had better kept his Navie at home , Careat successibus opto , quisquis ab eventu facta not and a putet . I answere to you , that Counsels and Designes , are not to bee weighed from the Event , that was so good a purpose , as in my judgement , will not yet be left . But yee will say , Wee haue wakened the sleeping Dog , and made spoyle of our best Occasion : I confesse , that is more considerable , than anie losse ; and yet who doubteth , for the Dog , but hee was a-wake before ? Diabolus non dormit . How can he sleepe , that lyeth in Ambush , for all the World ? As touching the credite of the Enterpryse , it is so farre from bringing vnder question the Reputation of our Soveraigne , that by the contrarie , both that , and his personall going to Spaine , are things where-of wee should rejoyce ; as being infallible Arguments of his Royall Magnanimitie , and Preambles of much greater things . King Philip of Macedon , being brought for the first time , to see the noble Horse , Bucephalus , commanded his best Horse-man to ryde him : which when hee could not doe , by reason of his fiercenesse , the King did set another to him , and the third , who in lyke manner did not suffice ; vntill at length , Alexander his Sonne , being but a young Stripling , did adventure him-selfe to it , and did performe it : which when his Father behelde , shedding Te●res for joy , hee apprehended there-by , the greatnesse of his Spirit , saying , that Greece was too small for him . Where such Sparkles breake foorth , before the Fyre of a young Prince his cowrage bee well kindled , it is like enough once to spreade manie Flames abroad . Yea , I will say farther , that the successe of that Businesse went better , than if it had beene to our Wishes , for that it is not good , that Fortune should bee too indulgent to the beginninges of a young King , or should lay the Reignes vpon his Necke : but rather that he runne his first Cariers with a borne head ; to the ende , that hee may learne the wayes of true Wisdome , and Fore-sightfulnesse in Matters of greater Consequence . The ancient Theologues ▪ amongst the Gentiles , did never introduce their Goddesse Fortune in the Counsell of the Gods. There is nothing that doeth more rectifie the judgement to Action , than Experience , where-of one Tricke , in our Youthhead , is more worth to vs , than twentie in our Age. Besides that , wee are certainlie but ignorant , to thinke , that great things can bee gone about , or compassed , but by adventuring somethings also of the lyke kynde : but lest wee bee anie way discowraged , by those two fruitlesse Voyages of the English to Portugall , wee may reade in the Stories , how that Nation ancientlie hath beene no lesse victorious in Spaine , than in France , al-be-it not so often , because they were olde , and long Inheriters , and Inhabiters of diverse parts of France . Edmund , called De Langley , Duke of Yorke , and Iohn of Gaunt , Duke of Langcaster , both Sonnes of Edward the third , King of England , having obtained diverse glorious Victories against the Castilians , in favours of the Kinges of Portugall , sought to bee ejected by the saide Castilians : not-the-lesse where-of , they did at length marrie the two Daughters of Peter , King of Castile : who dying without other Children , the saide Iohn of Gaunt , who was married to the eldest , did stile him-selfe King of Castile , and passe from Gascoigne , ( then being vnder the English Dominion ) into Castile , with 8000 Footmen , & 2000 Horse ; where he did quickly make himselfe Master almost of the whole Countrey : but partlie , by Famine then in Castile , and secondlie , because of new Troubles betwixt the English and French , then in Gascoigne ; and thirdlie , by reason of hote Broyles in England , which was likelie to cut him from succourse of his Friends , hee did transact with most honourable and advantagious conditions , even at his owne option , that his onelie Daughter and Chylde , should marrie the eldest Sonne of the Castilian King , that him-selfe should haue the present Possession and profites of foure chiefe Townes of Castile , with sixtie hundreth thousand Frankes , in Argent Content , to defray his Charges , and fourtie thousand Franks of yearlie Rent . What then ? shall wee thinke , but the English , who are the naturall Off-spring of those generose Stockes , haue also braue Mindes , and aboundance of Cowrage , to invade , by way of just and necessarie VVarre , their olde and sworne Enemies of Castile , if they were once set on edge , after this long Intervale of Peace ? Haue they not all the whyle bene exclayming agaynst the dayes of Peace ? And was it not much for a pacificke King , to contayne them ? Did they not yearne after the Spanyard , as Hounds long kept vp after Hares ? And may we not hope , that Armies which bee not verie grosse , well disciplined , vvell armed , and vvell mayntayned , can doe great thinges in Portugall , being of so easie accesse and recept ? when wee reade of Scanderbeg . or of the late Prince of Transylvania , or in our owne Annals , of VVilliam VVallace , what Miracles were done by small numbers against worlds of Men ? It is the LORD , who stirreth vp the Heart , to persecute Pryde , and punish Tyrants : it is Hee , who doeth deliver into the Hands of Israel , their mightie Enemies . 2000 Men , that Charles the eight of France gaue to his Cosin , Henrie , Earle of Richmond , were sufficient for him to passe into England , and giue Battell to Richard the third , the Tyrant , and to slay him . The Kingdome of Spaine was once alreadie ( as I haue related ) taken from Roderico , a licentious Prince , by 12000 Moores . But , to returne to the particular : Navarre , or Portugall , shall bee the first Revolters from Spayne , when-so-ever the tyme shall come , where-in GOD hath appoynted to dissipate that Empyre : there shall the Stone bee first moved , which rolling along , shall bruise and breake the Hornes there-of . Portugall must bee the chiefe Port of our Hopes in Spayne . The World holdeth , that His Majestie of Great Britane , and the Hollanders , his protected Confederates , haue more Shipping than will command the whole Occean , let bee to get footing in Portugall , or to stop the Trafficke of the West Indees . And if wee would make a likelie Conjecture , what they are able to doe in Portugall , let vs but call to mynde , what great Conquests were made by the Portugals them-selues , with no great numbers of Ships ( as is showne in the former part of this Discourse : ) There bee manie yet alyue , who know , that when those few of England and Holland did last invade , and tooke the Towne of Cales , King Philip did presentlie sende for his Galleyes of Naples and Sicilia , and would haue borrowed from Genua and Malta : hee called his Forces out of Britanie , and had beene compelled to call Home all that hee had anie where , if the English had remayned longer . It is greatlie to bee marveled , why the Ritches of the VVest Indees should not before now haue allured both English & Flemmings , and others , who are powerfull by Sea , those beeing the Treasures that doe fortifie and assure the Spanish Tyrannie . The Romanes and Carthagenians , when they began to flowrish , and to haue mutuall Iealousies , fore-seeing that Sicilia ( beeing a Store-House of fyne Cornes and People ) was the thing which would determine their Emulation , as I haue said before , they fought cruell Battels for it . The Carthagenians had it , and lost it often . At length it did incline to the Romanes , and with it , the Soveraignitie also of Empyre . Wee cannot erre , to thinke , that never a Monarch , or mightie State , did possesse such probable Meanes , and such inexhaustable Mines , more commodious for Extension , and vniversalitie of Dominion , as are the West Indees to the Spanyard , if hee bee suffered to enjoye them peaceablie , together with the other ritch Mines of Silver , and great Revenewes that hee hath else-where . Plinius helde Spayne the ritchest for Silver Mines in the World , then in his tyme : It is wonderfull , sayde hee , to see one onlie Silver Mine in Spayne , broken vp by Hanniball , and which yeelded to him 300 pound weight daylie , to continue still now vnder Vespasian . Hee hath diverse of the most fruitfull and questuous Countreyes of Europe , as Naples , Milane , Sicilie , Flanders , beeing all of the Superlatiue Degree , for Ritches , and for vertuous Traffickes , ( which are the Fountaynes from whence Ritches flow ) so it is indeed : for wee reade in the Histories , that Charles the fift of Spayne , Emperour , did draw yearlie more Moneyes out of the Dutchie of Milan , than King Francis the first , who lived with him , did from whole France ; and more out of the Low-Countreyes , than the King of England of his whole Kingdomes . ( This is affirmed by French Wryters . ) It beeing so , may not I say , with good vvarrand , that ( saving Fatalitie , and the secret providence of GOD ) the Kinges of Spayne shall bee once Masters of the Occidentall Worlde , except that Neighbour Princes and States take it more in heart , to oppose him , than hither-to they haue done ? Bio● , the Philosopher , sayde , that Money was the Nerue of Action , and of all the Effayres of Men. And of him sayeth Plutarch , that his speach doeth most touch the Actions of Warre , where-in there was no doing at all without Money : For why ? sayde hee , a Captayne hath onlie two thinges to goe about ; eyther to draw Men together for Services of Warre ; or being together , to leade them to their Services ; vvhere-of he can doe neyther vvithout Money . Thucitides sayth , that the People of Pelop. did often vexe them-selues , and over-runne their owne Territories , by short Warres , and small Exployts , because of their Povertie , and want of Money to attende Warres . The Foundator of that State , Lycurg●s , having by a Law prohibited the vse of Money there , Agesil . their King , were into Aegypt , with great Forces , to bee mercenarie , and serue for Money , where-with hee might bee able to keep VVarres agaynst the Theb. who had almost ruinated his Countrey . Alexander the Great , before hee enterpryzed his VVarres , did alienate what-so-ever hee had for provision of Money , leaving no-thing to him-selfe but Hope . Pompey the Great , the tyme of his VVarres in Spayne , agaynst Sertorius , hee wrote to the Senate , that if they did not sende him quicklie store of Money , his Armie would goe from that Province . Hanniball after he had defeated the Romanes , by three great Battels , did wryte as much to Carthage . So , if Money bee the strength of humane Actions , as Bion sayde , and principallie of Warre , as Plutarch did subjoyne , I say , it is a thing no lesse than fearfull , to suffer the Spanyard to brooke peaceablie his Traffique of the West Indees , having there-by a greater meanes to enlarge his Dominions , than either Rome , or anie others haue hitherto had ; that of Rome was the greatest of anie tymes past ; Plinius calleth it , a Sunne-shyning to the World , but when their Towne was taken by the Gaules ( who were irritated by the vnjust dealing of the three Fabli ) they were forced to robbe their People , of their whole Golde and Silver , and did scarcelie finde so much as to pay the Ransome : manie yeares there-after when they were so broken by Hanniball ▪ they were compelled to doe the same , and were in such paine , for want of Money , that they had no meanes to redeeme 8000 Prisoners , who were taken by him at the Battell of Cannas . Now I doe not doubt , but some Men will thinke , that I haue sayde too much , in affirming , That the West Indees , and Moneyes , which the Spanyard hath , may by length and tract of Tyme , purchase vnto him the Western VVorld : therefore I would preasse to show it this way , By posing the Case , that two things may concurre together , which are possible enough to meere , by progresse of Tyme : First , If the Spanyard should light at once vpon the lyke Treasure as hee got at the taking in of Peru , where there was such plentie of Golde and Silver , that the Bottle of Wyne was solde for 300 Duckates there , a Spanish Cape , at 1000 , a Gennet of Spayne , at 6000. And besides the fift part of all Moneyes generall in that Countrey payed to the King , Charles the fift , the king there-of , Atabalipa , payed to him , for his Ransome , ten Millions , three hundreth , twentie , and sixe thousand Duckates , in pure Golde , at one tyme : which was the first thing that made in these Countreyes of Europe , the great alteration of all sorte of Merchandize , Vivers , and of the pryces of Land , and , al-most , of the Manners of Men : even as it fell out in Rome , when Iul. Caes. brought thither the ritch Spoyles and Treasures of Aegypt , that made vpon the sudden the Vsurie of Money to be diminished by the one halfe , and the pryce of Land to be haughted by the other halfe . For the second , I put the Case , that together with this Casualitie , the Spanyard should finde the Humours of France so easie to bee practised , and such Distemper , and Distraction of Myndes amongst them , as his Grand-father , Philip the second , did finde , then when hee broached the holie League in France . If these two should meere , I put it to anie Man's contemplation , if anie lesse could follow there-on , than the conjunction of France , to the Empyre of Spayne ? which Philip had even then obtayned , if his Conquest of Portugall had not diverted him from it . And may not these supposed two Cases arriue , and come to passe together ? Vnlesse the vigilance , and diligence of Neighbour Princes , doe stop the Wayes where-by they must come , assuredlie it is a thing most possible : for why ? the French , how-so-ever after they be beaten with the Miseries and Calamities of Warre , they can for a whyle bee content to refresh them-selues , with Peace and Quyetnesse : yet that is but a Digression , or a By-Strype , from the Current of their naturall Humour , which is to be volage , and remoueant , much delighted with present things , having no long Projectes , given to Change , both of Apparell , and Mynde , joviall ; and of open Conversation , of easie Familiaritie , of amiable Countenance , never silent , but still in Complement , and Discourse , full of Noble , and Courteous Carriage , inclined to all sort of Gallantri● , which doeth require great Charges , of moderate Devotion , suden , and precipitant in their Resolutions , and loving Innovations of State , aboue all things : that it is a wonder , to see such Antipathie everie way betwixt them , and the Spanyard , divided but by one Mountaine of the Pirenees , and no other-wise . Thus haue I discoursed on this last Point , to let you see , what great necessitie haue Princes , who vvould make Warres , to bee vvell provided of Moneyes , vvhich , because it doeth no lesse touch and concerne vs , vvho bee Subjectes of this Kingdome , than it doeth our Soveraigne King , it shall bee verie expedient to treate some-what seriouslie of it , as the weightiest Article wee haue to speake of . That wee are bound to contribute to just and necessarie Warre , vnder-taken by our Prince , Pro aris & focis , not onelie our Goods , but our Lyues , it is a Position that no Man will contradict : And to know , that vvee of this Kingdome are most obliedged of anie People in the World , not onelie to doe so , but to accept the necessitie of so doing , vvith much patience , and thankfulnesse to GOD , for the great Peace and Quietnesse , vouchsafed on vs , during a whole Age by-gone , vvithout the smallest interruption , which , what an extraordinarie Blessing it is , wee cannot vnderstand , never having felt nor knowne the Afflictions of VVarre . But if vvee shall set before our Eyes , ( as Portracts of those Calamities ) the fearfull Naufrages of our Neighbours , during the time of our Quyetnesse ; and the disastrous , and sorrowfull Dayes , of our owne Predecessours , before our Times , whilst this Yle remained disvnited , and vnder discordant Kinges , wee should not then forbeare to fall vpon our Faces , and to adore that Bountie of the MOST HIGH , who did reserue so happie Dayes for vs. As for our Neighbours , wee haue so often heard the Thunders of their Troubles , sounding in our Eares ; and , as it were , securelie standing vpon the S●oare , so often behelde the Spoiles of their Tempests , that I neede not to particularize anie Examples of things that are so recent . When those of that Noble Citie of Paris , ( the Queene of all the Townes of the World ) were forced by this tyrannie of Spaine , to nowrish them-selues with the bodies of Horses , of Dogs , Cats , and Rats , we were fed , the greater part of vs , to Superfluitie , and all to Sufficience , When those of her Countrey about , were glad to get an houre of sleepe in their Armour , vnder some Covert in the Fieldes , the LORD did grant to vs , Mollibus incumbere toris , & pingues exigere somnos . As for our Predecessours , if wee shall cast over the Annals of our Nation , wee shall finde it the most cruent and bloodie Historie , where-in , since the establishment of our Crowne , ( not-with-standing of the matchlesse Antiquitie , and lawfulnesse there-of ) wee shall not reade of an Age , nor halfe , nor third part of an Age , free from desperate Warres , now with Peghts , now with Dane● , now with Saxons , now with Romanes , now with English , ( tantae molis erat Romanam condere gentem : ) where not onlie Men , but Women , did ordinarilie goe to Battell : ordinarilie , I say , for manie Ages , after manie Testimonies of our famous Historiographer , Hector Bo●ce , where-of I will ci●e to you but one , in his sixt Booke , where hee setteth downe that fearfull Battell foughten against them by Maximus , the Romane Generall , with the assistance of the Saxones , and perfidious Peghts , where-in our King , Eugenius , with the whole Nobilitie , Gentyle , Commons , and their aged Parents , were nearlie extinguished , without anie hope of farther memorie of our Race , except that it pleased GOD to reserue miraculouslie amidst their Ashes , some sparkles of Lyfe , which did after some Yeares reviue , and restore the Progresse of our Nation , Convenere ( sayeth hee ) ad E●genium regem frequontes viri , foeminae que ad militiam , ex veteri gentis instituto , vrgentibus extremis , conscriptae , clamantes aut eo die moriendunt sibi omnibus fortiter dimicando , aut vincendos infensissin os hostes , &c. There did conveane ( sayeth hee ) vnto the King E●gemus , multitudes of Men , and Women , to stand in Battell , according to the ancient and observed custome of the Countrey ; protesting , that day either to vanquish , and destroy their deadlie Enemie , or other-wise , to lay downe their whole Lyues into the Sepulchers of Valour and Dignitie . And a little there-after , speaking of their ardor , and fiercenesse in that Battell , Whylst the furie of the Enemie did approach vnto the King's Person , the Noble Men assisting nearest vnto him , did perswade him ; yea , with akinde of Violence pressed him , to retire his Person , and saue him-selfe to a better Fortune , and to the Common-wealth : but hee casting from him his Kinglie Ornaments , did thrust him-selfe amongst the vulgar Ranks , to the Maine of the Battell ; where , with incredible Cowrage , and contempt of Death , hee did sacrifice his Heroicke Spirit . Few of Men , and of Women , al-most none , did escape this Calamitie : and whylst the Romanes did too insolentlie , and fiercelie persue the small numbers of those , who at the length did flee , they did recounter a new sort of Combate , never of before knowne vnto them : for why ? the remnant of the aged people , Men and Women , vnable for Warres , did follow a-farre , vpon the Armie , to know what should be fall there-vnto : and finding the event so bad , and infortunate , they did runne vnto the Vveapons , and Armour of their dead Children ; and forgetting both Age and Sexe , did encowrage those few that yet did rest aliue , to make a new assault vpon the Romanes : which they did , more like vnto savage and enraged Beasts , than puissed by anie humane instigation : where they were all consumed , and not without great slaughter of their Enemies . These are the verie words of the VVriter , by my Translation , from the Latine Text. Of the lyke to this , the Historis hath manie , to show what was the bitter Cup of our Antecessours , compared with our delicacie ; and what they did vnder-lye , for mainta●nance of that Libertie , where-of wee haue enjoyed the Sweetnesse . This and thus was the Foundation , which it pleased GOD to blesse , and to build vpon it a statelie and vnited Monarchie , after the which the Spanyard doeth no lesse greedilie gape now , than did the Romanes then . Heere is an Object of yeelding infinite thankes to GOD , and honour to the memorie of our generose Antecessours : They kept constant VVarres , in expectation , and wee beginne now to bee called to VVarres , for that where-of wee haue had long Fruition : They were as the Israelites in the Desarts , vnder Moses , and wee like vnto Israel vnder Salomon : we are but gentlie pressed , as yet , ( GOD grant it hee so long ) to sende foorth some of our able Youthes : and that is an Advantage to vs , it being a Liberation of our Countrey , from that it may want commodiouslie : and then to contribute some Tryfles of our Goods , for their entertainment . And wee haue better store of Men , and ten times more Moneyes , ( praised bee GOD ) than our Antecessours had , who did render willinglie both Lyues , and Goods , and VVyfe , and Children , and all for the service of their Prince and Countrey . And because it may bee , this bee compted a rash or temerarious Speach , I thinke it may bee easilie prooved in this manner : Al-be-it it bee so , that onelie GOD can multiplie the Earth , yet it is of veritie , that wee , since the dayes of our Predecessours , haue multiplied the Fruites of the Earth ; so farre , that for everie three Plough gate of Land , ( as wee doe call it ) manured , which was in Scotland an hundreth Yeares by-gone , there are foure now . And if yee answere , that the People are multiplied proportionallie to that , so that I should not esteeme it to be encrease of Ritches , which doeth bring with it encrease of People to consume them ; I will reply to you , that is the point I intende to prooue , for Multitudes of People industrious , are both the Ritches and Strength of a Countrey ; and that vvee doe exceede our Antecessours both for numbers of People , and of Moneyes , yee shall vnderstand it this way : They wanted first the two Seminaries for breeding of People , which wee haue : everie one knoweth , that the Multiplication of Ground-Labourers , and Husband-men , ( as wee call them ) haue peopled the Land-warts of Scotland , farre aboue that it was ancientlie ; for wee see now vpon a Maines ( that of olde was laboured by a Barron him-selfe ) twentie or thirtie severall Families of those Retite Husband-men , vvhere-of everie one hath a good number of Children . Next againe , it is well knowne to bee the Sea Trade , which hath peopled our Maritine Townes , and that also , our Predecessours wanted : so farre , that I may say , there bee now twentie Ships of Trafficke amongst vs , for everie one that was in their dayes . Then , who doeth not know , that by the Trafficke of the Sea● , our Countrey hath twentie times more Moneyes , than was an hundreth yeares by-gone ? or if yee doe doubt of it , yee may soone learne , that our Grand-Fathers could haue bought as much Land for one thousand Marks , as wee can doe for twentie thousands , and farre more . Farther , our Predecessours had a meanes for stopping the growing of Multitudes , and encrease of People , that wee want : and it was by the great numbers of Men and Women , who tooke them-selues to the Caelibate and Monasticke lyfe , of whom there was no Off-spring . And if yee would know of what great importance that was , doe but consider how manie Bishoprickes , Abbacies , Pri●ries , Nunueries , with the number of their Convents , Arch-deanries , Deanries , Personages , and places of cure for secular Priests , was into Scotland , in time of P●perie : and when yee haue taken vp their number , doe conferre them with the 70 of the house of Iacob , who went into Aegypt , and how in the fourth Age there-after , there came foorth 600000 , fighting Men , besides Women and Children , all descended of them . Which vvhen yee haue consideratelie done , I thinke yee shall bee affrayed of the hudge Multitudes , that before now , should haue issued from the professed religious of Scotland , if they had followed the Matrimoniall life . If yee will yet insist , to object the Povertie of our Countrey , by reason of the broken Estates of Noble-men , and Gentle-men , who haue our Lands morgadged for great Debts of Money , I answere to you , that ( by the contrarie ) it is an Argument of the Ritches of our Countrey : for if the Noble-mans Grand-father , by Predigalitie , Pryde , wilfull pleying in Law , or anie other such Misgovernment , had brought him-selfe to neede the like Summes of Money , twentie Lords could not haue gotten so much then , as one can get now . And I will finde now a base-borne Man advance to a Noble-man in prest , 30 , 40 , or 50000 Pounds , whose Grandfather , and all his Parentage , was not valiant of the twentie part there-of : Ergo , the personall Distresses of Noble-men and Gentlemen , doeth not argue the Povertie of the Countrey in generall . Wee see into Nature , that her severall Members , as of Plantes , Beasts , and Men , doe daylie decay and die ; and others doe shoot vp in their Rowmes , vvhilst Nature it selfe remaineth in entire and full strength . In the dayes of our Predecessours , there were in Scotland but Victuall Rents , where-as now , by the vertuous Trades , vvhich haue beene since introduced , a great part of Men doe liue by Silver Rents . Things being manifestlie so , shall wee refuse to furnish out , and mayntayne , two or three thousand Souldiours , to so just and necessarie Warres ? Certaynlie , it cānot be heard abroad , without our great Ignominie , & ( which is worse ) adding of Cowrage to our Enemies , when they shall know vs to be so base and degenerose . Well , let vs not be vngrate towardes GOD. It is true , indeed , that Nature and Ty●●e doe favour the growing of Monarchies , namelie , vvhere they are just and temperate , as being the vi●e Image of GOD , for Governament of the World ; But it is also true , that vnthankfull People doe procure short Periods of great Kingdomes . The Throne of Israell was established in the person of David , after manie toylsome and laborious years of the preceeding Rulers of that People , and great sheeding of Blood , and so much in David his owne tyme , that GOD would not suffer his bloodie Hand to be put to the building of the Temple : but the Glorie , Peace and Prosperitie there-of did expyre , with the death of Salomon his Sonne . There-after the LORD did set manie wicked Kings over that wicked People . The greatest Punishment that GOD threatneth to inflict vpon a rebellious Nation , is to giue them evill Kings : vvhere-vpon the Divines doe note , that it is the highest Transgression , vvhereof a People can be guiltie before GOD , When by their Ingratitude they make Princes , of their nature perhaps seren● and temperate , to turne to tyrannous Governament , and to lay vpon their Neckes the Yoake of perpetuall Grudge and Murmuration : and so not onlie them-selues transgresse agaynst GOD , but make their Kings also to doe the lyke , who most of all Men should obey & feare the LORD : so that often tymes a wicked People , maketh a wicked King. But to returne : If wee doe question for small thinges now , vvhat would we doe , si Hannibal astaret portis ? if our Enemies were at the Ports of our Countrey , or within the Bowels of it ? We would be forced to doe even as the Romanes did against Hannibal , to run and offer all our Moneyes , and our Iewels , and our Eare-rings , for safetie there-of . Wee would vndoubtedlie say , as that famous VVarriour did , the late King of France , vvho after the recoverie of Cain from the Spanyard , by transaction , after hee had spended a great part of his lyfe in VVarres , hee saide , they were not wyse , who would not make a Bridge of Gold , for their Enemies to passe out vpon . But as we say , It is better to hold out , than to put out : Durius ejicitur quam non admittitur hostis . Haue wee not seene our Kinges vse all possible Practises , for procuring of Peace all this tyme by-gone , by toyling of Ambassadors to and froe , by super-spending their Rentes , exhausting their Coffers , and indebting of them-selues ? Are vve not naturall Members , as they are naturall Heads ? Are they more bound to doe for vs , than we for our selues ? Al-be-it the Kings Spheare hee higher and greater than ours , yet everie Man doeth fill his own Spheare , and everie Man's estate , is a Kingdome to him-selfe . Perseus , that mightie King , having beside him infinite Treasures , and refusing to bestow some of them to Gentius , a Neighbour-prince , and others , who offered to combate the Romanes in Italie , he suffered them to over-throw him-selfe , in his owne Countrey . Darius cōmitted the lyke Errour with Alexander , and Stephanus , King of Bosna , the lyke with Mabomet the second : as I haue remembered before , wee may prayse GOD , that wee haue not such avaricious Kings . What is it , that good and naturall Subjects will not doe for the safetie of the Sacred Persons of their Kings ? Let bee of their Kingdomes , vvhere-in wee haue our Portion , and common Interesse with them . We may reade in the Histories of France , what domage that Countrey did sustaine , for the liberation of their King Iohn , taken by Edward , the Blacke Prince of England , at the Battell of Poiteou , and of King Francis the first , taken at the Battell of Pavie : and in our owne Histories , what our Predecessours did , for the redemption of King David Bruce , led Captiue in England , and there detained eleven yeares : Liberatus ( sayeth the Historie ) undecimo ex qu● captus est anno , numeratis quingentis millibus Mercarum Sterlingarum in presenti moneta . Hee was redeemed vpon payment of fiue hundreth thousand Marks Sterling , in argent contant . A thing most admirable , the scarcitie of Moneyes in those dayes considered . If a Physition should cōmand vs , in time of a dangerous Sicknesse , to take a little Blood , for preservation of the whole Bodie , wee should bee glad to obey him : why not by the like reason , when our King ( who cureth and careth for the Bodie of the Common-wealth ) doeth command vs , to bestow some of our Goods , for safetie of our whole Estate , ought wee not to obey ? if wee were versed in the French Annals , to know what innumerable spoile of Goods was there , before the Spanyards could bee pyked out of the Nests , which they did build vpon their Coasts , and with-in their Bowels , wee would bee content to spende to our Shirt ( as it is saide ) before they should plant their Tents amongst vs. I haue alreadie told you , how they are of Melancholious , and fixed Mindes , not easilie raysed , or remooved , where once they are set downe : where-of wee see the present experience into the Palatinate . To take , and then to giue backe againe , is not the way of their Designe to vniversall Empyre , over their Neighbours . If anie would object , that the Palatinate is detayned for Reparation of the Wrongs and Injuries done in Bohemia , hee hath little skill in the Effaires of the VVorld : for why ? these might haue bene long since composed , or redressed : but it is done to facilitate their Conquest in Germanie , to enclose the Nether-Landes from Succourse of their Friendes there , and to open a Gate into England , by length of Tyme , vvhen they shall finde the Occasion fitting . So that if the Kings of Great Britane , and France , together with their Confederates of Germanie & the Netber-Lands , doe not joyne their Forces , to banish them tymouslie , from the Palatinate , as the Romanes did the Carthagenians from Sicilia , ( vvhich I did note in the beginning here-of ) doubtlesse they vvill bee vpon their owne Neckes at the length . There vvas a great Intervale of Tyme betwixt the first and second Warres of the Romanes , against the Carthagenians ; and yet the last did come to passe , and there-with the vtter over-throw of the Carthagenian State. And here I must recount a thing , ( vvhich I haue often called to mynde , since His Majesties comming from Spayne , and that the Treatie of his Marriage did there expyre ) how I my selfe , the yeare of their Pacification vvith Holland , beeing in the Towne of Brussels , in familiar discourse , touching our late Soveraigne his cōming to the Crowne of England , vvith a Scottish Gentle-man , of a fine Wit , Experience , & In-sight in the Spanish Designes , and vvho had beene long tyme a Coronell , and Counsellor of Warre amongst them , Coronell Semple ; hee sayd to me , That al-be-it King Iames vvas an aged & wise Prince , vvho had providently practized his peaceable Entrie to England , that yet he vvas much beholden to that Tyme so fortunate , as it vvas for him , vvhen Spayne , being so broken vvith longsome VVarres , had al-most begged their Peace frō Holland . And how-so-ever ( sayd he ) your King may be free of vs , during his lyfe , yet if ye shall surviue him , ye shall see no more Peace betwixt England and Spayne : adding vvith-all , this Speach , Laus non solum hominum est , sed etiam temporum . Where-vnto I did answere , that by these it seemed , that the Spanyard intended to conquer England . Then he rehearsed to me , the manie & notable Injuries done to them , by the English Nation , by their prowde and fascuous ejection of King Philip , before the death of Marie ; by their fostering of their Rebels in Flanders ; by their protection of Don Antonio , King of Portugall , and ayding of him vvith Sea Armies ; but namelie , by their ordinarie Sea Rapines , and insolent Navigation , vvithout the controlling and coercing vvhere-of , Spayne could not be in so good Case , as vvas hoped for to be , in progresse of Tyme . And in the ende , hee did subjoyne thus farre , If your Catholicke Noble-men of Scotland , with whom my selfe ( sayd he ) did negotiate from Spayne , had bene wyse , and constant , your Countrey might haue bene , long before now , in a twentie-folde more happie Condition , vnder the Dominion of Spayne , than ever it can be vnder the Crowne of England ; the Yoake of whose Servitude and Tyrannie , shall questionlesse become intollerable to you , so soone as that King shall be gone , who doeth so well know you : for why ? by reason of their Vicinitie , and nearnesse vnto you , they shall be ever preassing to draw great Rents from you into England , which cannot fayle to impoverish your Countrey : where-as by the contrarie , the Spanyard should not only spend it amongst your selues , but should also yearlie send in great summes of Money to you , according as he doeth here in Flanders , & in his other Provinces . This Storie did I , after my returning to London , relate to His Majestie , who is nowe with GOD ; and who having heard it , did answere me , That Semple was an olde Traytor , and dangerous companie for his Subjects , which went beyond the Seas . Thus the Spanyardes know not when the Fish will swimme , but they doe keepe their Tydes diligentlie , and haue their Nets hung in all Mens Waters : so that if anie of vs would thinke , that the present Quarrell against Spayne , is more sibbe to the King , our Soveraigne , than to vs , by reason of the Palatinate , it were absurd ignorance also : For first granting it vvere so , yet there can bee no Separation betwixt the Head and the Members : whome GOD and Nature haue knit together , there is none can loose : Next agayne , it is well knowne , that our late King , of blessed memorie , could haue gotten to marrie his onlie Daughter , greater , and the greatest of Christian Princes , if it had not beene to prevent the falling of our Crowns Succession , into the person of some Papisticall Prince , to the dangering of the Libertie Evangelicall , and Vnitie of this Kingdome of Great Britane : of both which the LORD hath made Him-selfe the Instrument to establish them . Our latest Histories doe record , that Scotland , England , and Ireland , haue alreadie beene almost devoured by Forraigne Ambition , by way of Marriages with Papall Kings , as of Queene Marie , the Grand-mother of our present King , with the Dolphin of France ; & of Marie , Queene of England , to Philip the second , King of Spayne ; vvhere-of vvhat Blood-sheeding , Cruell Warres , and Persecution of the Professors of the Gospell did follow , even to publicke Martyrdome , the Stories doe mention at length : vvhich moved our Proto Reformator , Iohn Knoxe , to publish that Treatise agaynst the Regiment or Reignes of Women . If so be , that the onlie Daughter of Great Britane , ( and of that King ) capable of the greatest Marriage in Christendome , vvas couched in so narrow Bounds , out of the holie Projects of her Father , to assure the Peace and Liberties of this Kingdome , to vs & our Successours , then can anie Quarrell in the World be so deare to vs , & more pricke our Consciences and Honour , nor the Restitution of her Estate , although the Spanyard were resolved , to march his Ambition there , and come no farther ? Having treated thus farre concerning VVarre , or the necessitie of Warre with Spaine , I come now to speake of things that may breede into vs Distraction of Myndes , or Coldnesse of Affection towards this Businesse : And first , ( because it is most easilie answered vnto ) I vvill remember how it did sticke in manie Mens Teeth , and could not at the first bee digested , that vvee did not know , no , not the Lords of our Counsell , vvhat vvas the Course of His Majesties Navie : that a publicke Fast and Praying vvas enjoyned for the successe of vvee know not what ; and that this Fast vvas not limitated , but during the King's vvill , contrarie the Custome of the Scottish Church , and diverse from anie Example to bee found in Scripture . The last of these two being a Question Theologicall , and impertinent to this Discourse , I will not touch : But for the first , I say , and it is approved in all Ages , that nothing doeth more advance great Enterpryses , than Secrecie ; so farre , that Secrecie is the verie Soule of the Actions of Kings : and their Secrets once published , are but lyke vented Wyne , which can no more be drunken . And most actiue Princer , haue brought to passe amongst puissant Enemies , most noteable Exploits , onlie by meanes of Secrecie : as wee doe finde speciallie in the lyues of Iulius Caesar , Charles the fift Emperour , Lewis the eleventh of France , whose cover Plots , secret Friendes , Voyages , Dyets , and Dayes of Battell , were kept in their Breasts , vnto the time of present Execution : which kinde of doing , was the chiefest thing that made them so redoubted , and feared of all their Enemies ; as the Spanyard , even to this day , delighteth to holde his Neighbours in perpetuall feare , by this secrecie of Counsels and Courses . Withall I doe confesse , that such doing requireth a solide wisdome in Princes , and that other-wise it vvere verie dangerous : in the meane time it is sure , that wee who bee private Subjects , are not to craue a Compt of their Counsels ; no more than the Members of the Bodie , doe question for that which they are commanded to doe , by the intellectuall Reason that lodgeth in the Head. The next Point , shall bee to consider of our Doubts , and Feares Domesticke , as I did terme them in the beginning : and first , touching the Reformation , or Innovation of Counsell and Session , intended by His Majestie ; It is certaine , that Princes both may and ought to reforme , and if they please , innovate where there is neede ; there being no meanes in this corruptible World , to keepe things in due temper , but after long progresse of Time , and growing of Abuses ; to reduce them to their first Institution . Plato holdeth , that an the length , GOD shall reforme the Worke of the whole World , and reduce it to the first Puritie ; and that other-wise it is not able to endure and stand , I know not how that accordeth with Sainct Iohn Apoc. who sayeth , That wee shall see new Heavens , and a new Earth . And a great Politicke saide , That if some late reformed Franciscan Friers , and the late Order of the austere Caputchines , bad not risen to maintaine some credite to the Pope's Church , that it had beene before now disgustfull even to all the World , by reason of his obstinate denyall , to reforme his Church , against the nature of thinges . But to the Purpose● There is indeede no small importance in the Auncietie of Senators , long experienced in the Mysteries of a State , and with the Humours and Conditions of a People● and these are onelie they , who can bee called Olde Counsellers : And diverse of the wisest Emperours , sayde it was more dangerous to haue an olde King , and a young Counsell , nor a young King , and an olde Counsell . Where of wee see the good experience in the Spanish Government , where the death of a King doeth no more interrupt the Course and prosperitie of that Empyre , than it were of anie private person . The verie Name it selfe of a Senator , doeth signifie Agednesse , as a Senectute . The Greekes called the Senate , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; to show , that both Greekes and Latines did choose aged Men to their Counsellers : yea , suppose they could haue found numbers of young Men , Wyse , Graue , and of good Experience , yet they would not haue them to bee Senators , because that were ( said they ) to turne their Senate into a Iuvenat . Solon and Lycurgus , did prohibite by a Law , the comming of anie vpon the Senate , with-in the age of 40 , although they were never so sufficient . But to leaue them , the Scripture telleth vs , ( which is a Warrand infallibl● ) that in the setling of the Iewish Governamēt , GOD commanded to choose 70 , not of the best , nor the most learned , nor of greatest experience ; but sayeth the text , Of the most Aged , to whom Hee gaue the Spirit of Wisdome , in aboundance . Yet whilst it is so , even good Politickes of the latter Tymes , and consequentlie of greater Experience , will holde the Opinion , that it is expedient for the Common-wealth , to change and innovate Magistrates : and for it they doe bring this Reason , They tell vs , that the ende of good Governament is Vertue ; and the scope of everie prudent Prince , should bee to render his Subjects Vertuous : and therefore the Rewards of Vertue , ( which are publicke Offices of the State ) ought to bee patent to everie vertuous Mynde , and the Hopes of them set before it , as the Marke where-at it must aime : which cannot bee , if Offices of State be lyfe-rentallie established in the Persons of a Few , who whilst they , and onlie they , doe enjoy the publicke Honours , and Emoluments , it doeth beget an Heart-burning , and Envy , into other good Spirits , who finde themselues neglected ; and so doeth breede , and nowrish the Seedes of Civill Sedition . Farther , ( say they ) it doeth procure to those who possess● chiefe Offices in perpetuitie , too much Grandour and Authoritie : it draweth away after it , the Eyes and Dependance of the People ; and , as it were , stealeth a little of that Splendor , that is due to the Royall Majestie : and beeing in the Persons of great Subjectes , prepareth the Way to Popularitie , and Ambition . Agayne , they vvho reason agaynst the frequent change of Magistrates , they vse that Argument , vvhich the wittie Tyberius vsed , vvhen his Friendes tolde him , that he did continue Men in great Offices too long , agaynst the Custome of that State : hee sayde , it vvas better for People , to endure those , vvho were al-readie satiate , and full of their Blood , ( meaning their Goods ) than vnder-ly the Hunger , and Avarice of a new Entrant : Nec enim parcit populis regnum breve . With-all ( they say ) that the changeable Magistrate hath no Cowrage , nor Boldnesse , to administer Iustice ; but feareth the displeasure of Men , being shortlie him-selfe to descend to a private Condition , perhaps inferior to manie , over whome hee is Iudge for the tyme : So that betwixt these two Extremities , one vvould thinke the Mid-way verie fitting to bee followed by prudent Princes , vvhere they may neyther bee perpetuall , nor much frequentlie changed ; vvhere they be only to the pleasure of the Prince , and with-all made Syndicable , and Censurable . For certaynlie , ( as all Men know , vvho vnderstand Policie & Histories ) there was never a Magistracie invented by Men , that did ad more to the Vertue , Increase , and Stabilitie of a State , than that of the Censor amongst the Romanes ; vvhen once a Yeare , the Consuls , the Senators the Generals , the Knightes , the Captaynes , the Tribunes , the Pretors , the Questors , & all vvho had the meanest Intromission vvith the State , did compeare , & tremble , in presence of a Censor ; fearing Disgrace , or Deposition from their Offices , or Dignities . The Spanyardes keepe in their Provinces of Italie , an Image of this sort of Magistrate , called by them , Syndicator : and so they doe in the State of Genua . Of this they haue some shadow in England , al-be-it not in the person of one Man , by those who are called Their Court of Conscience . And of this it seemeth that our Soveraigne King hath now erected an Image amongst vs , ( if I be not misse-taken ) in establishing The Iudicatorie of Grievances . Of the which Iudicatorie ( because Men doe dispute diversly , as of a thing newe , and vnknowne amongst vs ) I will shortlie consider two Circumstances , which I trust shall serue some-what for our Information , touching the Importance there-of : First , the Vse and Ende of it : secondlie , the Warrand and Auctoritie where-by it may be established . For the first , The Scope there-of is not onlie Politicke and Vertuous , but of most Necessarie and Profitable Vse , for the Common-wealth : that is , To purge the Land from devowring Cormorants , and those who sucke the Blood of the People : to wit , Corruption of Iudges , and Officers of State , if anie be , Extorsion of Seale-Keepers , and Wryters to Seales , exorbitant Vsurers , Transporters of Coyne , Detracters and Traducers of His Majesties Counsels , and Actions : all which ( being the Ground and Source of Publicke Povertie , and Pillage ) are particularlie ordayned to vnder-ly this Iudicatorie . And if there-with the Commission had bene also granted , expresselie agaynst Transporters of Oxen , Kyne , and Sheepe , whereby our Countrey is incredibly damnified ; and also agaynst all Prodigall and Profligate Persons , who by Ryot of Lascivious and Distemperate Lyfe , doe destroy their Patrimonie , and there-with their Wyues and Children , that such might bee punished , according to the Custome amongst the ancient Greeks and Romanes : then , I say , these beeing committed to the Censures of entire and intelligent Men , there is no Policie that could more reallie yeeld manie Popular Comforts . There is indeed a Generall Clause in this Commission , vvhere-by His Majestie taketh Power to Him-selfe , to referre there-vnto what-so-ever shall please Him : agaynst the which wee seeme to take this Exception , to say , that this may import a Controlling & Reduction of the Decreets of our Session , ( if His Majestie would so : ) a Practise thought too too extravagant , and extraordinarie : and yet this may be rather Mistaking , than True Iudgement of those who thinke so ; vvhich I doe demonstrate in this manner . We say , there hath not beene , neyther ought there to bee , anie Appellation agaynst the Supreame Iudicatorie of our Session , vnlesse it were ordayned by a Parliament ; this is our Exception : but leaving the Hypothesis touching our Session , I will take me in generall agaynst the Thesis it selfe , to say thus farre , That it is not onlie agaynst Christian Practise and Profession , but agaynst Humanitie , to holde , That there should bee no Soveraigne Power aboue all ordinarie Iudges , to soften and mittigate the Rigour of Lawes , Quia summum jus summa injuria : the Rigour of the Law , is a Rigorous Oppression : for Example , A poore Man is found Yeare and Day at the King's Horne , beside his knowledge , & perhaps for a naughtie matter , of fiue or sixe Shillings Striveling , where-by his Lyfe-Rent of such things as he hath , falleth into the Hands of the Lord his Superiour , who presentlie getteth before our Session , a Declarator there-vpon in his Favours . These Iudges cannot helpe this disstressed Partie , because there is a Law standing agaynst him , and they are sworne to the King , who did place them , to administrate Iustice , according to the Law. So manie such , yea , and more pittifull Cases , doe daylie occurre before Ordinarie Iudges , vvhere-in Conscience and Iustice stand in contrarie Tearmes , that I need no more to exemplifie it . The Iudges must giue way to Iustice , and haue no power to mittigate : yet no Man will deny , that this kynd of Iustice ; is a grievous Oppression . Here wee see a manifest Necessitie of Appellation , to some Soveraigne Power , who may dispense with Legall Rigour , in Favours of weake and distressed Parties . None can dispense with a Law , but a Law-Giver : No Subject is a Law-Giver ; Ergo , No Subject may dispense with a jot of the Law , except he haue Cōmission from Him who gaue the Law. The power to moderate Legall Extremitie , or to absolue from Lawes , hath ever bene properlie annexed to that Soveraigne Majestie that gaue the Law , in anie State , whether that Soveraignitie was Popular or Princelie . Before the Ejection of King Tarquinus , by the Romanes , it was annexed to the Royaltie , as their Histories doe clearlie show . After the Expulsion of their Kings , that Soveraigne Majestie of giving Lawes , vvas transferred to the People , as wee may perceiue by the wordes vsed by the Senate , when they did present anie Law to the People , Quod bonum faustum felixque sit vobis & Reipub. velitis , jubeatis : that is , Ye will be pleased , to authorize this Law , which the Gods may grant may bee for the happinesse of your selues , and of the Common-wealth . And therefore vnto the People also ( as then the onlie Law-Givers ) was transferred the Power , to dispense and absolue from Lawes : and to that effect , a latter Appellation was ordayned to bee , from the Senate it selfe , vnto the People , by the Law VALERIA ; which is sayd by Livius , to be the Fundament , & Mayne Strength of the Popular Soveraignitie . The Practise here-of , we reade in the Case of Sergius Galba , the Orator , who being convinced of Lese-Majestie , by Cato the Censor , did appeale vnto the People , & had his Absolution from them . Agayne , when this Popular State of Rome was reduced in a Principa●tie , by Caesar the Dictator , the Mittigation of Lawes , or Absolution there-from , did returne , and rest into the person of the Prince : as we reade of Cicero , pleading for Pardon to Ligarius , at the Hands of Caesar : When I pleade , sayth he , before other Iudges , I speake not of Pardon to my Client , but stand to my Defences , That the Accusator is calumnious , the Cryme forged by Envie , the Witnesses infamous : but beere , sayeth hee , I eraue Grace , Quia poena Legi Gratia Principi debetur . Agayne , we reade in Contareno , vpon the Venetian Governament , that the first Law that was made , for the establishment of that Republicke , was , for a last Appellation , from all Iudges Ordinarie● vnto their Great Counsell , into the which the Soveraigne Majestie was placed , that State beeing Aristocraticke : so that this Power , to absolue , or dispense from Lawes , by a last Appellation , hath ever beene incorporate in the Soveraignitie geaue Lawes , as naturallie belonging there-so , and inseparable from the same . Thus there beeing a Necessitie , which no man can deny , of Appellation from Legall Rigour , to some Soveraigne Power , who may mittigate the same ; and that being proper to the Supreame Majestie of the State , ( as I haue showed ) those haue led me vpon the second Circumstance , touching the Commission of Grievances ; that is , to speake of the Authoritie , where-by it may bee established , and whether or not His Majestie may doe so much by His Prerogatiue Royall , without the Approbation of a Parliament added there-vnto . And that I should not seeme to corrupt the Veritie of so Soveraigne a Point , with Flatterie of the Prince , or for feare of Subjects , for the first , I will confesse , that I am not of the Opinion of Melancton , who helde , that those hard and imperious Practises of Kings , objected by Samuell to the Israelites , when they did demand a King to rule over them , were the true and naturall Priviledges of the Soveraigne Majestie : But I doe thinke , that they were rather permitted Acts of GOD His Iudgement , against a wicked and rebellious People : for other-wayes Samuell being then their Supreame Prince , him-selfe would not haue justified the vprightnesse of his Governament , by saying , Whose Oxe , or whose Asse haue I taken ? If it had beene lawfull for him to take them ; as hee doeth there pronounce , that the following Kings should take them : Besides that , the Text of Samuell , in that place , doeth not say , that a King shall haue right . To take their Sonnes , Daughters , and Fieldes , and to employ them to his vse and service : But onlie , that it shall be the manner and fashion of doing of their Kings . Neither doeth the Hebrew word Mishpat , in that same place signifie a Right to doe , but a Custome and Fashion of doing : and therefore the greater part of the Learned holde it true , which some Hebrewes haue written of Samuell , that the Booke composed by him , a part of the Priviledges and Prerogatiues of the Soveraignitie ( mentioned in his Text of the Scripture ) was suppressed , and destroyed by the succeeding Kings , for their greater Libertie , to exercise the Artes of Tyrannie . But whylst it is so , yet wee are to vnderstand , that there is nothing more sacred , next vnto GOD , in this World , than Soveraigne Kings : they are the LORD His Anointed , they carrie His Image , they holde the Charter of their Authoritie , immediatelie of Him , they are like vnto the highest Spheares , receiving the first Influence and Emanation from GOD ; they are His Lieuetenents , to command over all Men , holding them-selues onlie of Him : so respected of GOD , that wee are commanded by the Spirit of GOD , to obey Kings generallie , without restriction , whether they bee Good , or Bad , because they are of GOD : if they bee good , Hee hath ordained them , for the Quyetnesse , and Prosperitie of good People : if they bee Bad , Hee hath ordained them , for the punishment of Wicked , and rebellious People : so farre , that in my judgement , wee can finde no lawfull Warrand , for Subjects to dethrone the Bad , more than the Best : in which Respects , it is most necessarie , that we should rightlie know the Qualities of their Persons , and Dignitie of their high Calling ; to the ende , that wee may vnderstand what kynde of Obedience is due vnto them . It is not ydle , nor without great Reason sayd , that Soveraigne Kings are lyke vnto GOD. There are in GOD manie thinges communicable to His Creatures , His Iustice , Mercie , Veritie , Loue , Wisdome , Providence , of all which His Creatures doe in some degree participate . Agayne , there are in GOD thinges mierlie incommunicable to Creatures , and which can never bee spoken of them , but privatiuelie , as His Omnipotencie , Infinitie , Eternitie , and these are the proper Markes of the DEITIE that can never fall in anie Creature what-so-ever . Even so , there bee in Kinges ( vvho represent GOD on Earth ) diverse and manie thinges communicable to ) Subjects , besides Honour and Ritches , vvhich from Princes doe reflect and shyne vpon Subjects . A Subject may resemble his Prince in some Proprieties , both of Bodie & Mynde ; but with-all ( in that also lyke vnto GOD ) they haue some inseparable Marks of Soveraignitie , vvhich cannot be communicated to Subjects , vvithout the over-throw or Laesion at least of their Majestie . As for the first , to bee Law-givers , the Disputes and Decreets of their Counsels , Sonates , and Parliaments , are but a dead Letter , vnto the tyme that the Royall Word , SCEPTER , Signe , or Seale , doe giue Lyfe and Authoritie there-vnto : Senatus decrevi● , Rex jussit . If this Point , to giue Lawes , were communicable vnto Subjects , then Subjects also might dispense with Lawes , & so participate of the Soveraignitie . Another inseparable Marke of Soveraigne Majestie , is to decreet of Peace and Warre : Counsels and Parliamentes may agitate , the Prince onelie may resolue . I grant indeed , that in Christian Kingdomes , vvhich holde more of Aristocracie , than of Monarchie , the things of Peace and Warre doe much depende vpon the Voyce of the Nobles , but the Seale of Authoritie is onlie from the King. A third Marke inseparable of Soveraignitie , is the Institution , or Deposition of chiefe Magistrates , which by the fore-sayd Law Valeria , was annexed to the Popular State , as due to the Soveraigne Majestie then Popular . And certaynlie here-in lyeth not onlie a conspicuous Marke of Soveraignitie , but also a Mayne Poynt of the Fortitude and Strength of the same . A fourth Marke of Soveraigne Majestie , and which is of it selfe most Soveraigne , & incommunicable , is this latter Appellation of Subjectes to their Soveraignes , in the Cases of Legall Rigour , from what-so-ever Iudge : vvithout the which , the light of Reason doth show to anie Man , that there can bee no true Soveraignitie : lyke as wee see , that the Consent of the World , the Practise of all Ages , & these of our owne Nation , doe giue to Kinges the Royall Priviledge of granting Grace and Remission , from Lawes , even where the LAW of GOD doeth ordayne Punishment by Death . And the most temperate Christian Kings , doe assume and exercise this Priviledge , to pardon Persons Criminall for Slaughter , at their owne pleasure . It beeing so , how much more ought the Royall Soveraignitie to haue this latter Appellation annexed vnto it , from all Iudges , and Causes Civill , vvhere Legall Decreets are found to be hard and tyrannous ? Or if a King cannot bestowe this Grace vpon a distressed Subject , to repledge him from the tyrannie of Law , how can hee bee sayde to carrie in His Person , a Soveraegne Power ? This Priviledge , of a last Appellation , in difficult Cases , is not onelie proper to Soveraignitie , but lykewyse a thing ever sought and challenged by Subjects , as due vnto them to bee granted by their Kings . Nero and Caligula , Princes givē to private Laesciviousnesse , they did ( for their owne Ease , and Freedome from Effaires ) ordayne , that no Appellation should be frō the Senate vnto them : but yet the Romanes would never quyte that Benefite of a latter Refuge to their Emperours . And if we shall try thinges well , wee should find , that the present Practise of almost all Christian Princes , hath put Commissioners , or Lieuetennants in their Place , to exercise that Poynt of the Soveraigne Majestie , for receiving of latter Appellations , in Causes Compassionable : as the foure Courts of Spayne , to which , as to the Royall Soveraignitie , there are Appeales from all Iudges . Their Syndicators in their Provinces abroad , are instituted to the same end , and that so profitablie , that there is not in any Christian State , a surer Means for mayntaynance of Peace & Iustice amongst People . The Chamber Imperiall in Germanie , vvhere-vnto there are drylie Appellatious from all the Cities , Dutc●ies , Counties , Baronies , within the whole Empyre . In England they haue their Court of Conscience , for the same vse and ende . So that I doe thinke , for this Commission for Grievances , here presenting the King His owne person , to receiue these latter Appellations due to the Soveraignitie , albeit it seeme to bee a newe Iudicatorie of late Invention , yet it is not so , because it was ever incorporate , and inseparablie included in the Soveraigne Maiestie . I trust we will all thinke , that nothing is more agreeable with Pietie , & Good Conscience , than the allowing of such Appellations from Legall Rigour and Extremitie : neyther anie thing more becomming the Soveraignitie that GOD hath placed in Christian Kinges , than to receiue and heare them ; since Iudges Ordinarie may not doe it in the nature of their Office , being sworne to administrate Iustice in Legall tearmes , & wanting power to dispense with Lawes : vnlesse that His Maiestie vvould grant to the Lords of our Session , the same Commission and Power ; appoynting some of them for Lawe , and others for Conscience , and so consolidate both the Offices in one . Alwayes , if the King ought or may heare the Grievances of His Subjects , as due vnto His Soveraignitie : and if he may doe so much in His own person , then there is no doubt , but He may doe it by Commissioners ; and must doe so , because of Remotenesse of Pla●e for our Ease , and because of multitude of Effaires for His owne Ease . I thinke it not amisse , heere to declare , how our Historiographer , Buchanan , treating of the Originall Election of our Colledge of Iustice vnder King Iames the fift , hee did esteeme it a meere Tyrannie , if no Appellation should bee there-from ; Quando Collegiam Iudicum ( sayeth hee , in his fourteenth Booke ) Edinburgi constitutum fuisset , tamen qui sperabatur eventus non est consecutus , nam cum in Scotianullae pene sint leges praeter conventuum decreta , eaque , pleraque non in perpetuum , sed in tempus facta , judices●que quod in se est lationem legum impediant , omnium civium bona quindecem hominum arbitrio sunt commissa quibus & perpetua est potestas , & imperium plane tyrannicum : that is to say , When the Colledge of Iustice was planted and authorized at Edinburgh , there did not follow there-on the good Events which were expected ; for there beeing no other Lawes in Scotland , almost , but Actes of Parliament , and Iudges , given , so farre as lyeth in them , to hinder the promulgation of Lawes ; the Lands & Goods of all the Subjects were committed to the arbitriment of fifteene Men , to whome was granted a perpetuall power and Authoritie , playnlie tyrannous . Now to proceede touching Ordinarie Magistrates : As Lawes are not perpetuall , so are not Magistrates everie-where , nor at all tymes ; neyther is it absolutelie expedient , or necessarie , to be so : albeit we must all confesse , that it is not without great & publicke detriment , that old and faythfull Magistrates should be often changed , yet the Current of States is so fluxable , & subject to so manie casuall Changes , that very good Princes haue changed verie good Magistrates , for verie good Causes . Marc. Aurol , going abroad , through his Provinces , to view and consider the Administration and Order of Iustice , he did displace , & hang even of the best and speciall Magistrates , because that hee vvould suffer no Man to beare Office in the Countrey where hee dwelt , namelie , a Great Man : as if His Majestie should not permit a Noble-man , inhabiting the North of Scotland , to bee heritable Shyreffe , or Lieuetennant there , and respected there by that Meanes , as a Prince . Which kinde of doing , as I vnderstand , is observed thorow all Spaine , where everie Iudge Ordinarie , is a Stranger there where hee judgeth . And oft-times , as wee may reade into their Histories , it hath beene acted by the Parliaments of France , that two of one Familie should not bee of one Session ; and most sufficient Magistrates , to haue beene remooved for that Respect : and briefe , there is no Question , but Princes not onlie may change their Magistrates , but doe often finde it verie good Policie to doe so , being alwayes oblished to place into their Rowmes , Men truelie sufficient for Knowledge and Sinceritie . Plutarch , a rare Man , both for Morall and Statelie VVisdome , saide against those who would establish perpetuall Magistrates , Videmini aut non multi facere Magistratum , aut non multos Magistratu dignos habere . But I come to speake ( which appearinglie is not yet in Head ) of another Point of Reformation , into our Seate of Iustice , than the which there is nothing that would breede greater Solace to the whole Bodie of this Kingdome : and would to GOD His Majestie should take it to Heart , and bee truelie enformed of the Importance there-of . And this is of the great numbers of Advocates , who for their Commoditie Particular , doe breed the longsomnesse of Processes , that spoileth so manie good People , and which manie good and great Kings haue endevoured to correct . By this Abuse , the Seate of Iustice is turned to bee a Sinke , that draweth into it the greatest part of the Ritches of the Land : and this , aboue all thinges , doeth make so manie vnable to serue their Prince and Countrey . These are the Men ( whom Cuiacius who knew them well ) did call , Foecem & vomitorium juris , forensia pecora , vulturesque togates , the Dreg and Extrement of Lawes , Confounders of Lawes , Men who spue out their Braines , in subtill Inventions , to maske Lawes , and make them of endlesse Dispute : which is the reason , why so manie of them , doe possesse the Pallaces and Castels of their Clients . This is an Abuse , that the greatest of States haue beene by times forced to resent , and goe about to reforme it . The Ancients , who were so contrarious to haue anie new sort of Imposts vpon their People , they did ( for repressing of the noysome multitude of Advocates , & the wrackfull iniquitie of lingering Processes ) invent an Impost vpon everie Processe of Law , even to the tenth part of the whole that Parties did pleade for , as we reade in Festus Pompeius , and Varro , in his Bookes De Lingua Latina . Diverse of the French Kinges , namelie , Lewis , called Le Sainct , who went into Africke , against the Saracens , hee did almost vtterlie extinguish this Trade of Advocation , and did appoint as well Disputers as Hearers , and Iudges of Processes , who were not Mercenarie : And hee him-selfe gaue ordinarie Audience to Causes , in Pallaces , and Gardens , at certaine affixed Houres to that vse : so did hee hate the Cavalli● ( as he did contemptuouslie call them ) of Advocates . It was for manie Ages in France , acted and observed , ( for stopping of this Streame of Iniquitie , and Spoile that commeth vnder Pretext and Name of Law ) that who did lose the Processe , should pay the whole Charges and Expenses made by the Partie Gainer , during the Pley . This indeede seemeth to bee hard and rigorous , and yet ( say these who stand for it ) that being compared with the other Extreame , ( that is to say , with this Insolence and Libertie of Advocates , to make Lawes and Processes to bee endlesse ) it is the most easie and tollerable of the two , and ten times more tollerable : for why ? it should but restraine this foolish Frequencie of the Lawes , and constraine Parties to more Friendlie Appointments of their Controversies at Home . For Example , if His Maiestie should make a Law by advice of His Parliament , that all Processes vnder the availe of 10000 Marks , should bee referred to so manie Noble-men , or Barrons , with so manie Church-men , dwelling nearest vnto the Parties , and that none should be heard to speake , but the Partie him-selfe , or his best informed Friends , it were a great Reformation of this evill of Lawes . And who doubteth , but the Bodie of the People would gladlie embrace it ; for is there anie thing more ordinarie now , than to see Men in the sute of a thousand Pounds , spende as much perhaps , before hee can haue it ? Againe , wee reade of another Practise assayed in France , for avoyding of this Inconvenient : they had a kinde of Impost on their Subjects , called Capitation ( Census ) where-by everie Man payed so much , as for having libertie of a naturall Subject : this they did abrogate , as an Ignominious Exaction , and in place there-of , did erect an Impost vpon Lawyers , Wryters , and Superfluous Prodigalities , as Parthian Furres , Perfumes , Fairding , Cloath of Gold , Indigo , and such as these , thinking that the most honourable and innocent Impost , that could be layd vpon a People . Wee reade againe , into the lyfe of that famous Emanuel of Portugall , of whom I spake before , that hee was vvonderfullie given to this kinde of Reformation , of the Evils and Abuses of Advocation . Hee sent yearlie Visiters to all the Seats of Iustice , with power , to punish , some vvith remoue all from their Places , some vvith Mults of their Goods , yea , and with Death , if the weightinesse of the matter of their Transgressions did merite so much . He went about him-selfe , to giue Personall Audiences . Wee reade againe , that in Rome , vnder Pope Gregorie the tenth , and Iohn the twentie one , and Nicolaus the third , it was intended , and vrged by those Popes , to eradicate and cast out , that multitude of Advocates and Notars , who as a noysome Vermine , did gnaw the Bowels of their People : but by reason of the brevitie of their lyues , ( which as everie one knoweth doeth intercept manie good intended Policies , there ) it tooke no Effect . Againe , in Switzerland , Almanie , and other Northerne Regions , all Processes are decerned by deduction of Causes , onelie by the Parties them-selues , without anie Advocate at all . In Venice their Supreame Seate of Civill Iustice , called Quarantia , consisting of 40 , of the Nobilitie of Venice , they doe sende out , at ordinarie times of the Yeare , a sort of Syndicators , vvho goe to all the Iustice Seats through-out their Territories , to censure their Proceedings : and where they finde them to haue exceeded the short Dyet of Tyme appointed for decyding of Causes , they doe remoue them : and where they finde matter vvorthie of Appellation , they bring it before the Quarartia , where the Advocates get two severall Audiences , everie of them to an Houre-Glasse , and there is all . Where-as heere , our Advocates must haue , not Houres , nor Dayes , nor Moneths , nor Yeares , but vvhole Ages , if they please : neither is there anie possibilitie of correcting this , but by a Soveraigne and Absolute Misericord of His Majestie : absolute , I say , even to take vpon himselfe● by his Regall Authoritie , to breake downe that devowring Monster , which they call the Order of their House ; consisting of so manie Steps , and Degrees of Processe , that it were better for a Meane Man , to goe through the Fyre of Purgatorie , than through these . If His Majestie would weede foorth the most subtill Advocates , and make them Iudges , banish the most ignorant , and employ to the Office of Advocation , those of mid-ranke ; assigning vnto them so manie Dayes of Pleading , without more . As for Multiplication of Iudges , it is rather profitable than perilous , Quia multum aquae difficilius , quam tantillum corrumpitur : Et melius omnibus , quam singulis creditur : Et nemo omnes neminem unquam omnes fefellerunt . Certaynlie , without some Reformation of the Barre , the Reformation of our Session , for the vse of the Subjectes , will bee without much perceiueable good . If Reformation of things should bee by reducing of them to their first Institution , doubtlesse the Foundation of our Session hath bene free from these multitudes of Advocates ; and as yet manie People doe liue vertuouslie , and happilie , where there be none permitted at all . It were a notable Reformation , if what Subiectes in Scotland doe employ this way , to the mutuall over-throwe one of another , it were saved , and exacted for the service of the Common-wealth . Alwayes , to proceed for Reformation : We reade in the French Histories , that Lewis the eleventh finding manie Bayliries & Shyreffships heritable , annexed to the Houses and Successions of Great Men , he did revoke , and annull them ; making them not onlie changeable , but Syndicable . Of such wee haue great numbers in Scotland , with verie great necessitie also of Reformation at least , as is well knowne , there beeing nothing more aliene , and averse from Iustice , than the verie Name & Nature of an Heritable Magistrate : nor anie thing more absurd in Policie , than the Administration of Iustice to be perpetuate , and tyed to one House , or Clan , where-in Women , Children , or Fooles , may come , by tyme , to succeede ; all which three are vncapable of that kynde of Charge . And if the best of them , who haue the Right Heritable of a Magistate , doe put in the Place some of their ignorant Kins-men , to exercise the same , who can doe nought , but practise Trickes of lewd & base Oppression , these must be comported by the Bodie of the common People , and often times by the better sort : & why ? because my Lord is Heritable Shyreffe , & the King cannot remoue him . Is not this to suffer some Subject●s , to play the Prince over their Neighbours ? Or can anie thing bee more derogatiue to the Royall Soveraignitie ? For why ? it taketh away one of the proper Marks-there-of , which is inseparablie annexed vnto it : that is , of placing chiefe Magistrates ; a thing onelie due to the Prince . States-Men and Counsellers , may nominate , but the free Election belongeth to the King. And in tymes , when Factions are pregnant , Princes are even to bee jealous of the trustinesse of Primè States-Men in that Poynt : For Ambition is often tymes more curious to fortifie it selfe , than the Common-wealth . Alwayes , if Heritable Offices haue bene ancientlie granted , for great and speciall Services done to the King , or Common-wealth , by particular Men , from whom such Rights haue descended to their Posteritie ; then Conscience , Aequ●tie , and Royall Magnanimitie , doe requyre that such Persons bee condignlie satisfied for their Dimissions , according as His Majestie hath alreadie condescended . As on the other part , if such a Subject should be difficill , or intractable with his Prince , in a Poynt of that Qualitie , it should bee thought contrary to the modestie of Mynd and Carriage , which in duetie he ought to his King , and should argue in him , too much Loue of Soveraignitie . The lyke may certaynlie bee sayde of the la●e Lords of Church-Lands : no , we rather call them Petite Princes , so much Power doe they arrogate to them selues , over those who bee within their Lordship , preassing to exercise the same Bastard Domination over their Tennantes , by the tyrannie of their Heritable Courtes , which ancientlie the Pope , and his Abbots , did practise , who did mierlie appropriate to them selues , the Vassallage & Homage of so manie of the King's Subjects , as were within the Purpryze of their Lands : They did so before , and nowe the New-Erected-Lord doeth the same , and much worse : Nec Dominium vitavimus , sed Dominum : We haue changed the Dominator , but are not fred from that Bastard Dominion . The olde Abbot , and his Convent , ancientlie following the Monasticke Lyfe , exempted from publicke Offices , or travelling to Court or Session , or any else-where abroad they were content with the Payment of their Rentall in easiest manner , and often tymes with lesse , & did bestow great part there-of in Hospitalitie to the Payers : and albeit their poore Tennants were oblished to them , for Service of Harriage and Carriage , yet they did impeach them no more , but once a Yeare to leade in to their Clost●r , vpon the Cl●strall Ch●rges , some Fleshes , Fishes , & Fewell : this vvas all . But nowe , vvith the change of the Lord , the Tennant hath changed the Happinesse of his poore Condition . For vvhy ? to speake sincerelie , the tyrannie of the Papall Abbots vvas exercised most in that Case , against their King , by spoyling from Him the Vassallage of His naturall Subjects : otherwyse , they were most bountifull , and indulgent to their poore Tennantes , vvho nowe by this Change , are brought to as pittifull Slaverie , as the Israelites vvere vnder Pharaoh . Their Lord , hee is not a Church-Man , nor of the Clostrall Profession : he hath continuall a-doe vvith Court and Session : he hath daylie occasion of sending Carriages , & bringing from abroad : the basest of his Servants must not goe a foot , he must be carried , if it vvere vpon the Necke of his poore Tennant : hee must labour his Lord's Vine-yards , and make his Bricke , vvith much Hunger in his Bellie the meane vvhyle . The King cannot helpe him , because his Lord hath the Authoritie of an Heritable Court , & is absolute over him : he will not lead his Tithes , but still he must haue more than the worth in Bolles : & when it is so , greater Pryces than be ordinarie : if he haue to send thorow the Countrey his Cookes , the poore Man must bring his Horse from the Harrowes , al-be-it the Season were never so faire : and a number of like things , vvhich if they bee not presentlie done , hee taketh Decreets to him-selfe , in his owne Courts , ( vvhich no Christian King doeth ) and sendeth his Officers , to poynd the poore Creature ; vvith such Rigour , that if there vvere no more in his House , but the Pot , vvhere-in his sillie Portion of Meat is preparing , it must be taken from him : that verie sure it is , that Christian People bee not so oppressed vnder the Turke . I vvish that His Majestie vvould deliver His Subjects , from the Yoake of their grievous Servitude , and Oppression , and extinguish the Tyrannie of Heritable Courts : to the ende , that Gentle-men , and others , haue but one Master to looke vnto , and one Sunne , to draw their light from : and this is most necessarie to bee , although His Majestie should suffer them to brooke the Lands . For vvhether the Domaine of the Crowne ( vvhere-from those Lands vvere given ) bee alienable , or vvhether being devoted to the C●urch , they may returne to the Regall Patrimonie , al-be-it I vvill not take on mee to define , yet according to my knowledge , I shall deliver mine Opinion , vvith Reverence , and Correction . That the Domaine of Republicks is not alienable , it is certaine , and hath beene so maintained , by the chiefest of them , to vvit , Athens and Rome , where two Pryme-men , Themistocles , and Cato the Censor , did take backe , as vvee reade in Plutarch , brevi manu , what-so-ever had beene alienate of the Publicke Domaine , although manie yeares before , holding that the Prescription of an hundreth yeares : vvhich doeth qualifie and assure all Possessions , cannot take away the Publicke Patrimonie , ( because there is no Prescription , saide they , of Men against GOD , nor of Particulars against the Common-wealth ) but vvhether the Royall Soveraignitie going aboue them in manie absolute Points , doeth also goe aboue their in that kinde of Priviledge , one would thinke it some-what incertaine , because of th● diverse Practises of Princes in that behalfe , according to their Humours , to the Condition of the Time , and to the weightinesse of Services done by those , to vvhom they haue beene bountifull . Some Princes haue esteemed the Domaine Publicke so sacred , and inviolable , that vvee reade of that Romane Emperour , Pertinax , how hee caused to bee defaced , and put away his Name and Image , that was engraven vpon the publicke Pallaces , saying , that the Houses belonging to the Common-wealth , ought not to beare anie Markes of Impropriation to him . And of Antonini , called the Pious , that hee did not for the same respect , dwell but vpon his peculiar Heritages , and spend the Rents belonging to him , other-wise , than by the publicke . But the case is so farre altered , that at this Time , and in these latter Dayes , Princes more by an Inspiration of private Favour , or for to exercise the Libertie and vse of their Royall Prerogatiues , than for anie knowne worth , or Merite of Men , haue even made them great , as it were , in imitation of the goodnesse of GOD , who made Man of nothing : Omne bonum sui diffusivum : It is the nature of Goodnesse , to diffuse and communicate it selfe , even as GOD doeth , other-wyse it cannot bee called Goodnesse . The glorie of the Occean , is more for the bountifull spreading of his Branches vpon the Face of the Earth , than for his Greatnesse . The stateliest Tree , maketh the most statelie vmbrage : Noble-men are the Shadowes of Kings : as it is glorious for the Sonne , to bee accompanied and followed with so manie bright Starres , and Planets , whose Bodies doe receiue the Beames of his Light , and there-with doe beautifie the Heaven about him ; so are vvaiting Noble-men to Kings , as Diamonds and Rubies planted about their Throne , to receiue and reflect the Splendor of the Royall Majestie . And yet whyles it is so , we see that Christian Kings , at the Acceptation of their Crownes , doe giue their Oathes , for Defence of Religion , of Iustice , and the Common-wealth , and Preservation of that Publicke Dowayne , vvhich the Common-wealth doeth present vnto Her Prince , as a Dote , or Tocher-Good , to be saved for Her Mayntaynance ; and vvhere-of hee hath the onlie Vsu-Fruit , and cannot alienate it , but with her owne Consent , and for some Extraordinarie service done to her , or to the Prince , vvho is her Head : Extraordinarie , I say , because Services Ordinarie in the State , haue annexed vnto them , their Ordinarie Fees , and Pensions . Extraordinarie I call some Act of singular Valour for the Countrey , agaynst a Common Enemie ; or some Hazard vnder-gone , for safetie of the Prince his Lyfe . Although the Patrimonie of the Crowne bee sacred , yet such Services are to bee esteemed more sacred : and Donations , or Rewards for these , are to stand inviolable : for here are the Ods betwixt a Republicke , and State Royall , That the 〈◊〉 hath no Head Particular , who should challenge the Priviledge of such Bountifulnesse , or for vvhose sake it should bee granted : for seldom●● doeth the Death of anie one Man what-so-ever breede any Commotion , Crosse , or Alteration to a Republicke , Quia non moritur Respublica : vvhere-as by the contrarie , the Death of a good Prince , and often tymes of an evill , doeth shake the verie Foundations of a Kingdome : vvhich made Caesar to say , Non tam 〈◊〉 interest quam Reipub. quam diutissime vivam . This maketh their Lyues to bee so precious and Sacro-sanct , they being the verie Heart , and Head of the Bodie of the Common-wealth . So that to holde absolutely , that no kynd of Services are remunerable , with anie thing belonging to the Crowne , it is not onlie to cast loose the Estates of the Nobilitie , and Gentri● , ( whose Houses everie where through Christendome , haue bene made vp , and erected by the Bountie of Kings for nominate and famous Services done to them , or to their Countreyes ) but it were also to perill the Personall Securitie of Princes thē-selues ; when Men should see that a King could giue noght to one , who should hazard or loose his Lyfe for his Safetie , but that vvhich his Successour may recall , it is to ●urbe the Royall Soveraignitie too farre . And albeit the Extens of Majestie 's late Rev●cation , did seeme so fearfull to vs at the first , as if it had comprehended so much ; yet wee are still to remember , vnder what a gracious and just Prince wee doe liue , and to take it rather for a Warning & Awaking of our Gratitude in his first Entrie : and therefore I must here craue Pardon of all , to call to mynd , how often since I haue heard from Wyse and Sincere Men , that a little more of Readinesse to doe him Service in the last Cōvention of our Estates , had bene sufficient to disperse the chiefest Clowds of that Tempest . I doe acknowledge , that it is not licentiate to me , nor tollerable in anie Private Subject , to censure the Reverend and long approved Magistrates of this Kingdome , neyther will I presume to doe so , but onlie to expostulate , and regrate , with manie Good Men , the infortunate Proceedour of that Counsell , whereby neyther Prince nor People did receiue Contentment . Whether wee should lay it vpon Mistakings possible to haue bene amongst the Lordes of those Commissions ; or , vpon the Iealousies and Competences ordinarie to bee betwixt New and Olde States-Men , at the Entrie of a King ; Or , vpō the Basenesse of some Countrey-Commissioners , whose Avaryce would not suffer thē to resent the Common Danger of this Yle , as appertayned ; Or , vpon a Popular Disgust , & Generall Feare , conceived for Religion , by reason of some Noble-men of contrarie Mynde , employed from the Court about that Businesse ; Or , lastlie , vvhether vpon the Backwardnesse of this Tyme , so disposed as it is , to breed Distraction , and Disturbance of the State. Whatsoever was the Cause moving , certaynlie the Debacts of that Convention vvere , as appeareth , Principia malorum , speaking of Effects : For vvas it then a right Tyme , to answere Majestie 's Demaundes thus , That a Convention could not goe higher in taxing the Countrey , than a Parliament had done before ? At the last Parliament , King IAMES had a Necessitie to sende Ambassadours abroad , to negotiate Peace : vvhich I confesse , was a Graue and Great Cause for Subsidies : but at this Convention , Peace was given vp , Warres begun , and it stood vpon the Losse of Germanie , and Invasion of Great Britane : vvherevpon might haue ensued hastilie greater Damnage , than of manie Taxations . Or , was it then Tyme , to refuse the Mayntaynance , during Warres , of 2000 Men , to keepe the Seas free , and open for our Trafficke ? When wee shall reckon our Losses sustayned since by Sea-Traders , & by so manie Mariners wanting Employment at Home , and by losing so faire a Commoditie , as was this last Yeare , for transporting our Corne● to profitable Markets , in Neighbour Countreyes , then wee shall decerne the Errour of that Convention . Wee will say , wee haue not beene accustomed to beare so great Charges : a weake Argument . Since it hath pleased GOD , to change the Custome of our Fortune , will wee contemne His Visitations , and as senselesse Men , bee carelesse of our Countrey ? Wee will say , that our Countrey hath suffered manie Distresset , by these late bad Yeares , and by Sea-Misfortunes ; and I know it to bee so : but must wee not for all that defend our Countrey ? And what if wee must not onlie maintaine two thousand Men , but also fight our selues ? a thing which wee haue great reason daylie to expect . And I will come to the most pricking Poi●t of all : His Majestie 's Revocation hath discowraged vs. Where-vnto I answere , by asking , what more hath His Majestie done , than anie Earle or Lord in Scotland doeth , who after the death of his Father , chargeth his Vassals and Tennants , and preasseth them by Lawes , that hee may know their Holdinges ? yea , and some-times by Manages and Threats , force them to quite their lawfull Ritches , although they were their neare Kins-men . Alwayes , what wise Vassall , or Tennant , will not stryue to over-come his Lord , with reverent and humble Carriage , and there-by to moue him to accept the tenth part perhaps of that which he did demand for Entrie ? and shall it not bee borne with in a great King , that which is ordinarilie done by his Subjects ? Bis duo dena pet as , his duo sena feres . What if a young Prince haue gotten too large Information touching these ? or if his Infor●ators be mistaken in their judgement there-anent ? shall there not bee Patience granted , and time to digest and condescend ? And shall not our Behaviours be in the meane-whyle , correspondent to that Loyaltie , Loue , and Obedience , that Subjectes ought vnto their naturall Prince , and that should procure His Compassion & Kyndnesse towards all the Members of this Kingdome ? With GOD'S Blessing let vs be doing so , and let vs expect nothing , but Christian and Vpright Dealing , from a King , in vvhome there is so great Appearance of Good and Iust Meaning : and let vs haue still in our Mouthes , that Word , which now ( prayse to GOD for it ) our Noble-men begin liberallie to professe , That let him bee holden accursed , who will not contribute to his verie Shirt , for the safetie of His Majestie , and of the Countrey . Alwayes , for the Point of Revocation , who doubteth , but three thinges may justlie fall vnder the Consideration of young Princes ? First , whether this kynd of Gracious and Divin● Bountie , exercised by their Predecessours , giving Extraordinarie Thinges , for Ordinarie Services , or for Private Affection , haue bene too Exorbitant . Secondlie , what may bee the Merit , or Worth , so such as haue pocked them . Lastlie , what is the Exigence of the Tyme , and howe these things may be wanting vnto Princes . But otherwyse , we finde in all Christian Histories , that Crowne-Lands haue bene alienated , & given away by Kings , for one of three Causes , vvhich to this Day haue remayned vnquarrelled by their Successours : One is for Reward of those , who haue exposed their Lyues , to manifest Danger , for the Safetie of Their Persons : As for Example , The Landes given by His Majestie , our late Soveraigne , for Services done agaynst the Traytors of Gourie , or for Practises of Discoverie , and Prevention of the Powder Treason at London : another for Valiant and Personall Services , done for Preservation of the Countrey , agaynst Invasion of Forraigne Enemies , or of the State , from Intestine : as we reade of our braue King Malcolme the second , who seeing the Magnanimitie of the Scottish Gentrie , agaynst the fierce and enraged Danes , by fiue or sixe Bloodie and Desperate Battels , in diverse partes of the Countrey , where he him selfe did assist in Person : therfore in a Publicke Parliamēt , he did divide almost the whole Crown-Lands in Baronies , & dispone them to the Gentry , In publico ordinum convent● ( says my Text ) cunctas ●pes , agrosque regios , pene omnes meritorū habita rations distribuit , regno in partes quas Baronias vocāt divisio . In regard wherof , those Barons , as by Compaction , did at that same time , annex to the Crown , the Wardes and Reliefes of their Lands : which together with the other Casualities , and Dues belonging to the Crowne , was esteemed and accepted as a sufficient Mayntaynance then of the Royall Dignitie . If either of those two should bee revocable , Kings , Countreyes , and Common-wealths , should not bee compted so Sacred , as they ought to bee . Thirdlie , Princes haue mortified their Crowne Patrimonie , to Pietie and Devotion ; as King David the first of Scotland , for Plantation of fifteene Abbayes , & foure Bishoprickes , ri●chly Rented : Such are recalled in this latter Age , because of the Nefa●tious & Damnable Abuses , wherewith the Possessours of them were commonlie polluted . And , O how greatlie it were to bee wished ! That neyther King David , nor other Christian Kinges , had beene so prodigall of their Crowne Patrimonies , in Favours of Church-Men : for the World knoweth it nowe , that by so doing , they did ●urne Religious Priests , into Temporall Princes , and did put into their Hand , that Sword , vvherewith to this Day , they not only doe cut the Throats of Kinges , and their Authoritie , but haue spoyled the Puritie and Pietie of the Church of GOD : and in Place there-of , haue introduced this Pollution , Pryde , Avarice , & Superstition , which shall never haue an ende , so long as they remayne so ritch as they are : Devotio peperit divitias , & filia devoravit matrem : Devotion ( sayth Gerson ) bred Ritches , and the Daughter devoured the Mother . Next , it were to be wished , that when those Lands of the Church , anciently belonging to the Crowne , vvere agayne dissolved from the Church , and annexed to the Crowne , by our late Soveraigne , of blessed Memorie , that they had bene suffered to remayne therewith , for the avoyding of so great Discontentment and Confusion , as is lyke to grow thereof , if they should nowe bee taken in to the Crowne , vvithout Restitution to so manie Gentle-Men , and others , as haue employed the best parte of their Meanes , for buying of those things from the Newlie-Erected-Lords , without anie Warrandize at all for their Money . Which , albeit it doe greatlie perplexe the Mynds of manie good Subjects , yet we are vndoubtedlie to hope for Reparation , some way of these , since we liue vnder a Christian Prince , who is alreadie honoured of the World , for the Equitie of his Mynd● ; and who hath alreadie declared his Iust Intentions there-anent . There is , beside another Cause , that maketh our Noble-Men and Gentrie , to thinke themselues the sibber to the Church-rents : and this is it ; Because their Predecessours did also enjoye them in effect , albeit not Titularlie , as well then , as they doe now . Their Sonnes were presented by the Kings , to the Benefices of the Church . Themselues did often tymes feede at their Tables , and gather vp the Super-plus of the Rent . The Sonnes of Meane Gentle-Men , vvent to the Monasticke Lyfe everie where : If they had manie Daughters , they did sende some of them to the Religious Convents of Women : vvhich was a singular Disburden and Reliefe , both of Greater and Smaller Houses , ( speaking civillie , & in Civill Respects : ) And this is yet the chiefest Cause , vvhy the Ritches of the Papall Church , are so tollerable by Princes , and People of that Profession : so that whyles numbers of Men and Women , of all sortes , were nowrished anciently by the Church Revenewes in Scotland , it would bee thought strange , to bestow them vpon so few Church-Men as now be , vvho , I confesse , are worthie of Augmentation . But that they should bee made so Ritch , or Great , wee see what a pestilent Gangren● that hath beene alreadie . : And it is sure enough , that the same Causes , will ever produce the same Effects . The Worlde is aye lyke to it selfe , and Men are still Men : Et omnia vertuntur in Circulum . There is not , of Humane Things , a more Extravagant , and Rare Contemplation , than to consider , how Princes , States , and People of Christendome , haue beene so Blinde-folded , or Hood-winked , that they could not perceiue the Fearfull Encrease of the Church Rents , and Ritches , with the Pernicious Evils , bred , and brought in with them ; vnto the time , that things were past remedie almost , and that the Church had nearlie devoured the State in everie part . We reade in the Histories , that before the Separation of the Church of Rome , made by LUTHER , tryall being taken , and Explorations by Kings , and States , who began to bee jealous of the Church Ritches , it was found , that through all the Christian Countreyes of Europe , the hundreth part of the People , did possesse the tenth part of the Revenewes of all , at least , aboue the Fisque of Testaments , of Lands , and Mooueables , largelie legaced to them . Wee finde againe , in the French Wryters , that the Yeare 1513 , the like Search beeing curiouslie made in France , it was proved , that the whole Rents , and Emoluments of that Countrey , being set to twelue parts , the Ecclesiasticall Persons did possesse seaven there-of : there being found , by this Disquisition , with-in the Provinces of France , 12 Archbishoprickes , 104 Bishopricks , ●40 Abbayes , 27400 Curies● and danger to haue beene hudge manie moe Curies , if Pope Iohn the twentie two , had not abolished the Decreet of Pope Nicolaus , who permitted , that all Mendicant Religious , should enjoy the Fruits of Lands left to them by Laicke Persons , the propertie of the Land being sayde to belong to the Popes them-selues . An impudent Subtiltie , to cover the Violation of the Mendicant his oath of Povertie : seeing as the Law sayeth , The Proprietie is vnprofitable to one , where the Vsu-fruit is perpetuall to another . So that Kings and States perceiving , that if this kind of Claudestine Purchase of the Church , and the daylie growing of her Ritches , were not interrupted , their People & Territories would by tyme be stollen away . They begā everie-where almost to intercept it . King Edward the first of England , prohibited by a Law , that anie Church-Man should conquish Lands , or succeed to Legacies . King Henrie the eight , tooke from the Church . King Charles , the fift of Spayne , made the lyke Prohibition to the former , in the Low-Countreyes , agaynst Church-Conquishes , and Legacies . And at this day , the Venetians ( besides the Exterminion of the Iesuites ) haue done the same ; and so haue Florence , and other Princes of Itali● done the lyke : Otherwise , it had come to passe , with-in few Yeares , that whole Italie had bene as one Closter . But wee are not to bee jealous of this point here : our Church is plagued with the contrarie Extreame . Comming now ( according to the Order proposed in the beginning of this Treatise ) to speake of our Conceived Feares , for the Reformation intended of Tythes : first , it is a Question of Theologie , and I am no Doctor there : next , it belongeth but per accidens to this Purpose : lastlie , it is a Subject vnplausable to treat of in this Tyme , by anie , who would speake vprightlie . But as Sainct Iohn sayeth , The Trueth shall make thee Free , I shall neede no other Apologie , but to follow the Veritie , in that I meane to write , where-of I shall make no long Discourse , ( which were both impertinent , and vnnecessarie , in a thing so current , & well vnderstood alreadie , and so largelie & learnedlie written of , by manie , both Scottish & English ) but restraining my selfe , to two or three Circumstances , where-of some haue not beene remarked by anie that I haue yet read vpon this Argument . The Originall Mention of Tythes in the Scripture , by the Practise of Abrahā in Genesis● The devoting of thē by GOD'S own Mouth to Moses , in Leviticus : the End & Vse of thē in Deuternomie : And the Execratiō & Cursing of things once devoted & made sacred , by GOD Himselfe , in Numbers , & in Ioshua , are Texts so cleare & indisputable , that at least , for the tyme of the Law , no Man doth questiō . All that we goe about , who be Opponents to Evangelicall Decimation , is , to enforce , that Tenthes were ceremoniall in the Mosaicke , ending with Consummatum est , and haue no warrand in the Gospell , where CHRIST in two places only doth speak of Tythes of the Mint and Annise : These ought yee to haue done , and not omit the other . And againe , in Luke , comparing betwixt the Publicane and Pharisee , who vaunted of the just Payment of his Tenthes , CHRIST did blame onlie his Ostentation , & not his Payment of the Tenthes , To both which Places , wee make this Answere , That at that time the Ceremoniall Law was in full strength , and aye vntill Consummatu●●est . And for that respect , CHRIST did suffer the Payment of Te●●es : And wee say , Seeing CHRIST hath changed both the Priesthood , and the Law , and supplied their Rowmes , and hath given no Order for the Church Revenewes of Tenthes , therfore he hath abolished the same . Againe , CHRIST about the sending foorth of His Apostles , and speaking of their Mayntaynance , Matth. 10. Provide neither Silver nor Golde in your Purses , for the Worke-man is worthie of his Meat . Here he maketh no Mētion at all of Tenthes , as the Place did require , in Case the Tenthes had bene due to the Church . Thus wee cast it over to the Apostles , and there wee doe also pretend the same Argument . That where Sainct Paul , 1. Cor. 9. doth pleade at large for Mayntaynance , he keepeth him-selfe vpon Generall Termes , without anie Mention of Tenthes : who feedeth a Flocke , & doeth not eate of the Milke thereof ? If we haue sowne Spirituall things to you , is it a great thing , if we reape your carnall thinges ? Thou shalt not muzzell the mouth of the Oxe , that treadeth out the Corne. And so we say , albeit CHRIST and His Apostles , haue allowed Livinges for Preachers , yea , let thē bee never so ample , yet they haue not tyed vs to a nūber , wherevnto the Answeres are made , that Sainct Paul in the same Chapter , hath included the Tenthes , by the Generall , in these wordes , Hee that ministreth about holie thinges , must liue of the Temple ; and the Wayters on the Altar , on the thinges thereof . That by the things of the Temple , and the Altar , are signified the Tenthes , albeit hee did not expresse it , in regarde they vvere then in the Hands of the Pharisees , and could not be challenged , nor gotten by Law , by Private and Poore Men , as the Apostles were ; but contrarie should haue increased the Malice of the Iewes agaynst them , in Case they had beene sought . Farther , we studie to proue , that Tythes were Ceremoniall : First , by reasō of an Absolute & Only Place , whervnto they were broght , to Hierusalem . Secondly , because of the Number , whereby speciallie we contend , to exclude the Moralitie of Tenths , & astrict them to a Ceremonie , seeing Naturall Reasō would as wel alow the Eleventh , as the Tenth Portion , or the Twelft rather , because the Levites were one of the xij Tribes . And lastly , for their Employment at Hierusalē ▪ as we haue it , Deut. 14. If the way be long , that thou art not able to carrie thy Tenthes , where the Lord hath chosen to set His Name , then thou shalt turne them into Money , & goe to the place , & thou shalt bestow the Money for whatsoever thy soule lusteth after , Oxe , Sheepe , wine , or strong Drink●● & thou shalt eat , & rejoyce before the Lord , thou , & thy Familie : thou shalt not forsake the Levite within thy gates , nor the Strāger , nor the Widow , nor the Fatherlesse . Al which things do smell a Ceremoniall Institution , as we alleadge , & wherevpon there be great & learned Disputes agitate by diverse of our Countrey-men : amongst all which , & all that can be said for Tenths , it seemeth to me , that the truest Light is to bee drawne from the Practise of Abraham ; by which it appeareth , they were Evangelicall , before they were Mosaicall . If long before the Ceremoniall or Writtē Law , Abraham payed Tythes to Melchisedec , how can we hold Tenths to be Ceremoniall ? albeit we had not that cleare Explication therof , by S. Paul , Heb. 7 , where in the person of Melchisedec , he proveth the Excellencie of Christ's Priesthood , aboue that of Aaron : He proveth Melchis . to be a Priest frō two things : from the Discharge of his Office , He blessed Abraham : and from that which was annexed to his Office , He tythed Abrahum . If any would object , that Abraham did offer to him those Tenthes , not of bound duetie , but out of his private Charitie , or from a Custome that was vsed before him , or from the Light of Nature only , ( wherof I shal speak somewhat herafter ) that were to annull the Proofe of Melchis ▪ his Priesthood , set downe by th' Apostle , yea , it were to change the Text , because the Actiue word , is in the person of Melchis . and not of Abrah . For it is not said , that Abr. tythed himselfe , but that Melchis . ty●hed Abrah . Melchis . decimavit Abrah . And the Greeke word , Vers. 6. of that Chap. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 doeth import no lesse , how-so-ever the English Translation is received . Next again , that by Melchis . th' Apostle vnderstandeth Christ , it is evident , when he saith of Him , Vers. 8. Here men die , that do receiue Tythes , ( meaning the Levi●s ) but there He receiveth them , of whom it is written , that He liveth : which is vndoubtedly spoken of Christ ; for so are the words , Vers ▪ 13. & 14. He of whom these things are written , pertayneth to another Tribe , whereof no man serveth at the Altar , for it is evident , that our Lord sprang out of Iudah . Farther , it is plaine , that the Priesthood there spoken of , is an eternall Priesthood , Thou art a Priest for ever , according to the Order of Melchis . Whervpō it must follow , that Tythes being the Due of an Eternal Priesthood , must also themselues be eternall ▪ Abraham saw my day , and did rejoyce , saith CHRIST . And I put the Case , this Poynt were not so cleare as it is , vvee might find another Ground , wherby we should see our selues tyed to this Burden of Tythes Evangelicallie : and that is by the Devoting of them , done by Christian Princes , People , and States , vvho wee may thinke , before the Church ( I suppose ) could challenge them by anie Warrand , haue beene moved to giue vnto her a Warrand , by that same Spirit , that moved Abraham , manie Years before the Law was given out for Tenthes . Constantine the Great , and Charlemayne , did begin this Plantation of the Church Rents , Authoritie , and Priviledges , and others everie-where did follow them . Then we know , vvhat is the Nature of thinges once devoted to GOD , Levit. 27. Vers. 28. No devoted thing , that a Man shall devote to the LORD , both of Man and Beast , and of the Possession of his Fielde , shall bee redeemed : Everie devoted thing , is holie vnto the LORD . And Levit. 5. Vers. 15. If a Soule doe sinne , through Ignorance , in the holie thinges of the LORD , hee shall make a mendes in the holie thing , and shall adde a fift part there-vnto . The Popes them selues , haue acknowledged their Possession of Tythes , to bee aliene from the Practise or Pleading of the Primitiue Church , and that their Titles therevnto haue flowed from the onlie Devotion and Donation of Christian Kings , as may bee seene in Can. futuram Ecclesiam , & cap. videntes , 12. Q. 1. vvhich Bellarmine doeth stand to , Tom. 1. contra 5. lib. 1. cap. 25. And we may try it to bee so , by the Entrie of the Christian Fayth in Scotland , Anno 203. King Donald the first did procure , by his Ambassadour sent to Pope Victor , the cōming of some Priests into this Kingdome , for receiving of him , his Familie , & Nobilitie , to the Church , by Baptisme : where there is no Mention of anie Title pretended , or anie Sute made by the sayd Pope for Tythes . But vvhole foure Ages thereafter , to wit , Anno 578 , our King Convallus , vvithout Challenge or Requisition frō the Pope , hee of him selfe did authorize the Terrour and Force of Excommunication , & established to the Church , the Tenthes of Scotland , Edixit ut decimas omnium terrae nascentium cuncti in Sacerdotū horrea deferrent : by vvhich it appeareth , that everie Man then had his owne Tythes . Farther , hee gaue to the Priests , Mansions and Dwelling places , neare to the Churches : Praedium in Templi vicinia ubi secretus à vnlgo habitaret . Withall two thinges are to bee vnderstood : First , that a great part of those Rentes were employed to the ritch deco●ing of Church Fabrickes , Christi Templa valde ornari voluit . Secondlie , that before then , there were multitudes of Religious people in Scotland , ( that Age of the Occidentall World being , as it were , an Influence , or Inundation of Pietie , and Zeale to GODS Glorie ) for the Historie telleth , that he sent to Yreland , for that renowned Abbot , Sanctus Columba ; by whose Advyce , Contraxit Monachos spars●s ad id tempus , & soliv●g●s ; inunum , indeque per Caeno●ia quae Convalli pietas struxer at , distribut●s 〈◊〉 & vitanon vulgatae observationis instituit . Where the Author ( to let vs see , how the Devoting of Tythes , and Foundation of Monasticke places , vvent alwayes together ) hee maketh Mention of the Benedictine Order their Frequencie in Scotland before then , & manie Abbayes erected for them : where it is most worthie Observation , his Iudgement of the Revenewes and Ritches of the Church , Plurima inter nostrates celeberrima su●t hujus ordinis Caenobla , hactenus viris pietate clarissimis habitata , virtute fortassis insigniori , majorique veneratione apud posteros perseveratura , si ad otium & luxum Regum munificentia , tanta sagina ea non oner asset : that is to say , There were then in Scotland , manie famous Abbayes , of the Benedictine Order , hitherto inhabited by Men of singular Pietie , and wherein the Sinceritie of Religious Vertue might haue 〈◊〉 flowrishing , & recommendable to all Posteritie , if the too great Bountie of Princes did not over-bardē them with the Fatnesse of Ydle-seat and Ri●●hes . By this doing of Conva●● , I say , it seemeth , that the Church hath gotten a sufficient Warrand to our Tythes , by Positiu● Christian Lawes , albeit vve should repyne at the Warrand●s brought out of the Gospell . And even the most Learned of the Protestant syde , doe holde it the surest Title of the two . The greatest part of the Reformed Churches of France , doe holde it after the Mynd of the learned Calvine , vvho hath left behinde him the same Opinion to the World , in his Treatise vpon Iob , & vpon the 18 of Nu●s Vers. 20 , Sed eas à Lai●is occupari quo passus fuisset Papa , si jure divino ( ut in●●lse garriunt ) sacra fuisseut Cleri hereditas . Which Opinion is thought to haue begun from the old Valdenses , who did inhabite there about : vvho seeing the great Abuse of Tythes vnder the Church of Rome , did hold , that Tythes vveremeere Almes● and no vvay belonging to the Church . This also vvas the Mynd of Iohn Hu● . And that great Divine Perkins , on Gal. 3. and 25. The Allowance of Tythes , sayth he , standeth not in Force , in this and other Common-wealths , by the Iudiciall Law of GOD to the Iewes , but by Positiue Lawes of Countreys . These Men thinke it no fault to giue Tythes to the Church , but hold it not necessarie from anie Warrand of the Gospell● they doe allow of a sufficient Church Mayntaynance , but not the same Quetum . And when it is objected to them , Why should these Beggarlie Iewish Rudiments , and that perishing Priesthood of the Law , haue so ritch a Patrimonie , and the Glorious Revelation of the Gospell , a poore and necessitous Ministrie ? They doe answere , Because their Ritches and Formes are diverse , and perhaps contrarie ; that consisting in Show , and this in Substance ; that being altogether Earthlie , and this altogether Spirituall : and being in this Point too much possessed by Puritane Humours , they doe not admit that Splendor and Decorement of Churches , nor that externall Pompe and Majestie , of Publicke Worship , which in my Mynde is not discommendable in the Popes Church . Where-vnto they are in all things opposed , as well in the best Points of Government , and Indifferent Ceremonies , as in the Maine Grounds of Fayth . And farther , it is not to bee doubted of , but that so Profound a Divyne as Cal●●ne , vnderstanding so well as hee did , the Arts of the Papall Pryde , hee thought it a good Way , for destroying of Superstition , and Tyrannie in the Church , to deny her anie Right of Tythes , other than by Donation , and Charitie of Christian Princes , so long as she should remaine free from Heresie , and wicked Abuses , and otherwise might bee taken from her . Now I come to the Circumstance of the Quotum , to consider if there might haue beene anie matter of Sanctitie , Ceremonie , or Type in the number of 10 , why GOD choosed the Tenth Portion , to bee sacred vnto Himselfe , rather than the ninth , eleventh , or twelft ; and whether Abraham did light vpon that number , by anie instinct of Nature common to other People . And first , I will tell you , that there was never hitherto anie Nation heard of , so Barbarous , in whose Hearts Nature did not ingraue this Law , to adore the DEITIE by externall Ceremonies of Worship , consisting in statelie Temples , costlie Altars , and Images , daylie Oblations of sumptuous Sacrifices , and Mayntaynance of multitudes of Sacrificators ; that it is admirable to beholde , how Ge●tiles in externall Zeale , haue gone beyond even true Worshippers , so farre , that manie of them , did allot and dedicate to Religious Service , much more than Tythes . Wee reade in Dionys. Halicarn . that Romulus , the first Found●●r of Rome , divided the whole Territories there of in three parts ; one for the Priests , and Publicke Worship ; another for the Domaine of the Common-wealth ; the third for the People ; there being of People for that time 3000 , and 18000 Iugera of Land , where-of were reserved 6000 , for the Sacrifices , and Sacrificators . And that this Division of Romulus , according to Diadorus , was an Imitation of the Aegyptians , who in like manner , did originallie make a Tripartion of the Revenewes of the Land , where-of the first was for the Priests , and Sacrifices , the second for the King , and Publicke Charges of the State , the third for the Calasyres , who were Souldiours , and Men of Armes . And from the most esteemed Histories of Antiquitie , wee haue numbers of Testimonies , that the Gentiles knew by the Light of Nature , that Tythes were Sacred vnto GOD , namelie , of their Spoyles , and Victories ; and therefore did offer and sacrifice them vnder the Name of Victimae , quasi vi ictae . Herpocration , Dydymus , and Pausamas , doe witnesse , that the Greeks gaue the Tenth of their Spoyles in VVarre , vnto their Gods. Cyrus the Lesse , gaue the Tenth of his Money taken from Captiues , to Apollo , and Diana , at Ephesus . Agis gaue his at Delphos : Agesilaus in two yeares , aboue 100 Talents of Tythes , to the same place . Plinie relateth , that the Sabeans might not sell their Frankincense , vnder the paine of Death , vntill the Priests had their Tythes : The Aethiopians divided with a Staffe , the Bundels of Caunell and Casia , and first gaue GOD His part . Plutarch is Author , that Hercules did sacrifice everie Tenth Bullocke , that hee tooke from Geiron by force . The Tenthes of the Spoyles of the Platean VVarres , were dedicate to the Gods ▪ Socrates hath in his Ecclesiasticall Kalendars , that Alcibiades gaue commandement for Tenthes to the Gods , from all those that sailed from Pontuu : When the Veii were taken Prisoners , and the Romanes made Peace with the V●lfians , Camillus made the Romanes to pay to Apollo , the Tythes of their Spoyles , and it was allowed of the Senate . Plutarch writeth of Lucullus , that hee became incomparablie Rich , because hee observed the paying of Tonthes to Hercules . Xenophon witnesseth , that others payed in the Countreyes about , their Tythes to Apollo . Festus sayeth , Decima quaeque veteres Diis suis offerebant . Which so vniversall a Practise doth show some Evidence to haue proceeded from the True Light of Nature , before the Written Law , and from the dayes of Noa , to haue beene de●yved to all Nations ; otherwise , how was it possible , that such a Religious Due , so a-nearing vnto the Trueth of GOD'S VVorship , could haue beene so generallie followed of the Gentiles ? It beeing so , wee are not to doubt , but that Abraham , with this D●ke Light of Nature , common to the Gentiles , where throgh hee did see , as with the Left Eye , his Religious Duetie , concerning Tythes : hee had also the Divyne Light ; which as a Right Eye , did demonstrate vnto him the Secret of that Mysterie ; wherefore the LORD GOD did choose His owne Portion vnder the Number of 10 , as most Holie , and most Perfect in it selfe . And heere I will borrow ( for more clearing of the Nature of Tenthes a little of your Patience , for a pleasant Intercourse , to set downe , as I haue found it in the Remote and Mysticke Theologie , the Reason of the Number 10 , and of the Holie Respect , and Perfection that is into it , and which hath beene naturallie ingraven into the Hearts of Men , even amidst the greatest Darknesse of Gentilisme . We reade in the Scripture , that God in the Creation of the World , did imploy an instrumentall Wisdome , Omnia fecisti Domine , in numero , pondero , & mensura , which is called , The created Wisdome of GOD , Where-of it is saide , The LORD created her thorow the holie Ghost , hee hath seene her , numbred her , measured her , and powred her out vpon his Creatures , remēbered by Esa● , Who measured the Waters ▪ in the hollow of his Hand , who met the Heavens with the Span , & weighed the Mountaines in a Ballance . The LORD IESVS CHRIST being the increated , and eternall VVisdome , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Se● Sermo Patris , that Word , vvhereby all things vvere created , and vvhereof sayth the Gospell , In Him , for Him , and by Him. Of these three Instrumentes , vvhereby GOD framed Nature , Number hath the Prioritie & Precedence , as having nearest Allyance vnto GOD , by reason of Infinitie : GOD is infinite , and so is Number , Non datur numerus quo non possit dari major . No Number is so great , wherevnto Addition may not hee made . Agayne , the Angels , who be nearest & lykest vnto GOD , they are onelie capable of Number : they doe not receiue eyther Dimention or Weight , because they are pure Spirits , occupying no Place circūscript●uelie , but definitiuelie , Habent suum●●bi , as I may say , definitiuelie , my Mynd is at London , Paris , or Rome , although it occupie there no Place . The Coelestiall Orbs vnder the Angels , are capable both of Numbers & Dimension : the Extent & Limits of their Place wee doe see , but they admit no Weight : and being Mediant Creatures , betwixt the Angels , and Element arie Corporall things , that doe receiue all three , Numerum , Mensuram , & Pondus . The Orbes haue into them , no Ponderous Matter , Quia omnis materia est capax & appetens novarum formarum : All ponderous matter , is subject to daylie mutation of forme , whereas the forme of the Coelestiall Spheares is perpetuallie one , and the same . To returne to the first of these three , ( Number ) the auncient Theologues , did vse three VVords , for expressing of the Nature and Essence of GOD , so nearlie as they could , Deus est Vnitas , Veritas , Bonitas , & haec tria unum sunt : noting by Bonitie , His Goodnesse ; by Veritie , His VVisdome ; there is VVisdome , but in Veritie ; and by Vnitie , His Power : In Vnione Potestas , as we say , The greater Strength , doth consist in the greater Vnion : Vis unita fortior . Therefore sayeth Plato , Anima est multitudo mobilis , Angelus multitudo immobilis , Deus immobilis Vnitas . Now ( say the Arithmeticians ) of Vnitie , that it is Mater Numerorum . The Mother of Number : & of Number , Numerus est multipli●atio vnitatis : that is , the Multiplication of Vnitie , even as the goodnesse of GOD , is the Mother and Fountaine where-from did flow , all those good Creatures ; and they againe are the Number of the Species and Particulars of GOD'S goodnesse , diffused through the World : so that GOD beeing Vnitie Him-selfe , Hee did by diffusion of His Goodnesse , in diverse wayes multiplie this Vnitie , both in Number , and thinges to bee numbred . Vnitie in Number , is like the Centre of the Circle : if yee take a Circle ( for Example , a Compasse of two Armes that Artisanes vse ) and doe close the Armes thereof in one , it is no more a Circle , but a Centre : doe extende and spreade it foorth againe , and it is a Circle . The Sea of the glorious Godhead , did rest before the Creation , into the Centre of it selfes Contemplation , and thereinto was whole Nature latent , as the Tree into the Seed : there-after by vertue of that Eternall VVord , was blowne vp , and expanded this Circamference of the Vniverse , as so manie Lynes from the Centre , and so manie Numbers from the Vnitie . The Iewish Caballe , doeth celebrate a kinde of Omnipotencie of this Vnitie , because it maketh all Numbers , beeing without Beginning or Ende it selfe . Before there were varietie of things created , Vnitie was : neither can wee suppo●e so great a Number of thinges , where-vnto wee may not adde one more . So that , lyke vnto GOD , it hath neither Beginning nor ●nde . Now , if we will holde , that GOD doeth comprize severall things , vnder severall Numbers , by guesse , or casuallie , as that He placed sixe Planets in the Heavens , and the seventh to fill them with Light , and but two Eyes in a Man's Head , to receiue that Light. Hee did reveale His VVill towardes His CHVRCH , by His VVord in the Apocalipses , vnder Seaven tymes seaven , and planted but two Eares in our Head , to heare that VVorde . Hee made sixe Laborious Dayes in the Weeke , and the seventh of Rest , and the Worlde as a Weeke of 6000. Toylsome and Travelling Yeares , and the Seaventh Thousand as a Sabbath of Quietitude and Rest : noting that way once the Creation and Enduration of the Worlde , and then the visible Light of the Worlde , and the Spirituall Light , vnder this Number of 7 : yea , in diverse places shadowing vnder the same Number , the Worke of our Redemption . The Candlestickes of the Church , were Seaven . GOD tolde to the Prophet , that He had yet 7000 , who had not bowed their Knee to Baall . Naman was commanded , to be washed Seaven tymes in Iordan . The Fever left the Sonne of the Centurion the Seavēth houre . David praysed GOD Seaven tymes a day . Eliseus , by Seaven tymes breathing , did restore the Sonne of the Sunamitish ; vvhich interpreted Captiue , and by the Mysticall Theologie , is sayd to figure the Sonnes of Adam , then lying dead vnder the Law , which was no more able to restore them , than that Rod in the Hand of Giesi , Eliseus Servant , did restore that Chyld , but Eliseus did it himselfe , by Seaven Breathings , Oscitavit septies . To hold , I say , that GOD doth not see in everie Nūber , & everie nūbred thing , a Reason of Convenience Naturall in His Insearchable Wisdome , it were both Ignorance and Impietie : VVe cannot deny it , when-so-ever we remember , howe wee wold think that Architector vnworthie his Wages , who could not contryue our House with a competent Number of Lights , according to the Proportion of R●wmes , & cōmoditie of the Sun Beames . As I haue sayd of Vnitie , that it is so much esteemed , not only resembling GOD , by the Possibilitie of Infinite Multiplication , but implying good thinges in its owne Nature , Simplicitie , Veritie , Strength , which made Aristotle , in one of his Metaphysickes , to say , that the Ancients did so honour this Vnitie in Number , Quod ex ejus materia generarent ipsum ens , that they sayde , Attour the Vniverse , the Eternall Beeing it selfe , did consist there-of . So to come to Dualitie , vvee shall finde a Naturall Reason , vvhy a Weaknesse and Evill doe frequentlie followe vpon that Number , as if it vvere cursed ; because it is the first Number that breaketh the Blessed Vnitie , and maketh Division , vvhich in it selfe is evill , Omne regnum in se divisum , desolabitur . Exemples heere-of , The first Mention that vvee finde of this Dualitie , in the first of Genesis , GOD created Heaven and Earth : and the Earth was barren and emptie . Two Lightes in the Heaven , and one of them is monethlie defectiue . Lucifer parted the Court of Heaven in two . CHRIST is One , Satan Two ; HEAVEN . One , Hell Two ; MERCIE One , Iustice Two. GOD did separate the Light from the Darknesse : that vvas One , and this Two. So did GOD in the Creation in a sort execrate this Number , as the Enemie of Vnitie , and a proper Number of Evill , or of thinges defectiue : for so it is frequentlie found in the Scripture , Two Testimonies agaynst Christ , Two Debters vnable , Two blynd Beggars , Two trayterous Eunuches , Two Larrouns hanged with CHRIST , Two insatiable Leeches , Two doubting Disciples , going to Emmaus : And , as saith Eccles. Looke throgh all the Works of the MOST HIGH , and ye shall ever find , Vnum contra duo , One agaynst two . A Man hath two Feete , two Handes , two Eyes , but one of them is backward . Man and Woman are a joyned Dualitie , but one of them is impotent : there bee two Testamentes in the Booke of GOD , but one of them is full of Terrour and Damnation . The Scripture sayeth , Cor duas vias ingrediens non inveniet requiem : An heart that vseth double wayes , shall finde no rest . And by a common word , wee doe call a Man , Double , vvho is knowne to bee false , and deceitfull . Of the other severall Proprieties given by GOD to severall Numbers , I could indeede dilate a long Discourse , but impertinent heere , and tedious : I make haste to that I haue to doe with at this tyme , the Number Ten. As the Vnitie is lyke vnto GOD , So is the Novemarie , or Nyne , lyke vnto his Works in this Fabricke of the Vniverse : as the Worlde comprehendeth all things in it , and cannot be comprehended it selfe , but of GOD , vvithout whome it should remayne imperfect , wanting Head and Lyfe ; so doth the Number 9 contayne into it all the Numbers , and parts of Number , vvhyles it selfe cannot bee closed , nor made Perfect , but by One , which is not a Number , but the Mother of Number : vvithout the Addition whereof , to make vp Ten , which is the Fulnesse & Perfection of Number , this 9 seemeth Vnhappie , VVeake , Necessitous , and Indigent , albeit it contayne all the Species of Number : For of Paritie , it hath Two , & Foure ; and of Imparitie , Three & Fyue . The Perfection of 10 is seene by Sensible Trueth ; for when we once arriue at 10 , there is no more Numbring , but by Iteration of 10 , or the parts thereof ; as everie Man knoweth , it is the Fulnesse of Number : For the Cabbalists , to showe the VVant and Indigence of 9 , for lacke of this Vnitie , they put vp on a Board , 999 , saying the nakednesse thereof is publicklie seene by anie Eye that looketh vpon it . See Plato , 234. Next againe , it is to bee vnderstood of 10 , as it is a full and perfect Number , so it is the Quotient and Continent of Nature , comprehending the whole severall Species of GOD'S Creatures : first , will wee consider those that are Intellectuall , and Invisible , all the Divynes agree , that there bee nine Hierarchies of Angels , that CHRIST Him-selfe is the tenth : Hee is that great Angell , of the Testament promised to come to the Church , Statim veniet ad Templum Angelus Testamenti quem vos expectatis . Hee is that Angell , sent before Moses , of whom GOD saide vnto him , Bee aware of Him , and offend Him not , because My Name is into Him. The full Name of GOD can bee into none , but in CHRIST , of whom sayeth the GOSPELL , In quo habitat omnis plenitudo Deitatis . Will wee againe consider the visible VVorks , wee shall finde them for Species , comprysed within the Quotient of Ten. The Spheares , the Intelligences , or Spirits that moue them , the Lights into them , the three Elements , the Minerall Creatures , the Vegitable , the Sensible , and Man , who was made to the perfect Image of GOD , super-added for the Tenth , without the which Tenth , the other Nyne ( as anie Man may see ) were so naked and indigent , that in a sort they did serue to no vse : but the whole VVorld , before the Creation of Man , did looke as a Glorious Pallace , of Magnificke Artifice and Furniture , in all things , inhabited with Myse and Rats , who could make no vse there-of , nor yet honour or admire the Builder . Onelie this accomplished Tenth Creature , Man , did serue to rule those others ; to explore and contemplate their Nature , to make vse of them , and there-vpon to found and sound the Prayses and VVorship of their Maker : yea , ( as the Platonicks say , and which I thinke cannot be disproved ) after the Change of Nature , and Consummation of Tyme , the Specificke kindes of all those 9 , are conserved eternallie , by the Eternitie of Man , whose Constitution doeth participate , and is contryved of all their kynds , as we know : for vvith the Minerals , He hath Being ; with the Plants , Hee is ●egitable ; with Beastes , Sensible ; with the Heavens , moueable ; and with the Angels , Intellectuall . And when Adam by his Fall having tossed this Tenth Perfectiō and Dignitie , vvas casten from Paradise , & whole Nature accursed , and made defectiue for his Cause ; Then the LORD GOD did send His Eternall Sonne , in the fulnesse of Tyme , to vndertake the Person of Man , for Restitution of that Pittifull Decadence of Nature , and to be that Sacred Tenth , vvhich should agayne renew and accomplish her Fulnesse and Glorie in that Perfect Number , figured in this Mysticall Theologie , by that New Song of David . DEVS cantabo Tibi Canticum novum , in Psalterio decacordo Psallam Tibi : My GOD , I shall sing vnto Thee a new Song , & shall play before Thee vpon a Psalterie of ten Cords . The VVorks of Nature are sayd to be a Musicke & Harmonie , and thereof Theologues ancientlie haue written vvhole Books . Next agayne , we know , that in Scripture Sinne is signified by the Olde Man , or the Olde Garment , and wee are bidden put on the New Man , IESVS , the New Adam , the New Tythe , typicallie expressed by this Propheticall Newe Song of David , vpon these Ten Cords of Nature foresayde , by His Incarnation then refreshed , and made new . Agayne , they holde this Mysterie of Ten , to be figured by that Signe which was given by GOD , of the Restitution of Ezechias , vvhen the Sunne came backe Ten Degrees , or Lynes , vpon the Horologe of Achaz , Reverti faciam umbram linearum , per quas descenderat in horologio Achaz in Sole , retrorsum decem lineis . CHRIST is the Sunne of the VVorld , called by the Prophet Es. Sol Oriens ex alto , and by the Gospell , Lux illuminans omnem hominem . There is no true Restitution of Lyfe , nor Salvation , but in Him : Hee descended by these Ten Orders or Species of GOD'S Creatures , rehearsed by me , even to the Helles , and returned by the same , Reversus est Sol per gmdus per quos descenderat . Farther , that the same is figured by that Tenth piece of Silver in the Gospel , for the which when it was lost , by that VVoman in Luke , she neglected the Nyne , to goe and seeke it : and by the 99 Sheepe , which also were neglected , vntill that One was found , that made even Ten tymes ten . VVith this kynd of Theologie , they conjoyne a naturall Reason , thus , The Figure of the VVorld is Rotund and Circular : more , it is Limited , and not Infinite , both which are manifest . Next , say they , a Circle is never perfectlie ended , vnto the time that the Lyne of the Circumference goe about to cloze at the Point where-at it did begin : this also is sensible true . The beginning of Things , was the Incarnate Word , as sayeth Sainct Iohn , In principi● erat verbum : not the beginning Mosaicke ( which was but Principium principiatum , the beginning of Tyme ) but Principium principiaus , the beginnining that did begin all things , Ex quo , iu quo , & per quam omnia . So CHRIST being the Beginning , and as we know , Man the last created of all things , and hindmost made of GOD , the Circular Lyne of Nature could never bee concluded , vntill the First Point was joyned with the Last , that the Beginning should be the Ende , and the Ende the Beginning , one Point , both Alpha and Omega : the Sonne of GOD , who was the First , conjoyned with Man , who was the Last : GOD becomming Man , and Man becomming GOD , did in the fulnesse of Tyme cloze this Circle , in beeing the Holie and Perfect second Tenth , of all th● Creatures now renewed , and by descending and returning through these Ten Degrees , which made Rabb . Mos. Hardasan , in mysterious Words to say of CHRIST , whilst hee wryteth vpon Genesis , and citeth this Text of David , Psal. 50 , Ostendam tibi salutare DEI. This is a Scripture ( sayeth hee ) of great weight and importance , that the Salvation of Israel , is the Salvation of GOD : that is to say , The preservation and perfection of His Works , for GOD Himselfe shall bee the pryce and payment of His owne Redemption . Vt qui non nihil frumenti ex se●onda decima reliquum habet , & id redemit : as hee who had resting some Corne of his second Tythe , hee did redeeme it . This First and Second Tythe , are even as that beginning Mosaicke , and that of Sainct Iohn , Principians & principiatum . CHRIST being the First Tythe predestinate in the Eternall Counsell of GOD , and Man the second , began with the beginning of Tyme , where-of ( CHRIST issuing of Man , according to His Humanitie ) is sayde by him , to bee that Rest of that Second Tythe , reserved by GOD , for the Perfection and Glorification of whole Nature , by the Pryce of his Precious Blood. By those it seemeth that GOD , who as the Scripture sayeth , Omnia suaviter disponit : Hee disposeth all things sweethe . And as another sayeth , Et mirabilite● disponit adeo ut aliquid semper nisit humano captu majus : Hee also disposeth them miraculouslie , that still there is somewhat beyonde the Horiz●n of humane sight . It seemeth , I say , that GOD hath chozen that Portion of ou● Goods due to His Worship and Service , to bee of that Perfect Number , of the Perfect and Consummated Sacrifice of CHRIST , into the full Quotient and Continent of Nature ; and that withall Hee hath respected the Number of People , who were to liue vpon the Tenthes , as Bellarmine doeth reason , to prooue Tythes not Ceremoniall , but Iudiciall , De Clericis , Lib. 1. Cap. 25. Nam non ordinantur immediate ad colendum DEVM , sed ad aequitatem inter homines : Hee sayeth , That Tythes were commanded to bee payed to Levie , because hee was about the tenth part of the People , that there might bee a Proportion betweene his Estate and the rest . Thus haue I broght in a ●iversitie of Opinions , cōcerning Tythes ; some holding thē onlie Iudiciall , to the Iewes ; others , that they belong to GOD , by way of Alms , but not to the Church ; Others , that they appertaine to the Church , but by Positiue Lawes of Princes ; others , that they are so by the Law of Nature ; & finallie , ( some inclined to follow this Remote & Naturall Theologie ) affirme , that by all these Titles , they are to the Church , as Franciscus Iunius , 〈◊〉 omni jure post omnem hominum memoriam DEO fuerunt sacrae . For what lesse can omni jure , import , than a Law , as well stamped naturallie in the Consciences of Men , as approoved by Positiue Lawes of Princes , and warranded by the Written Word of GOD : But hitherto can I finde none to say , that Tythes are Temporall , or Civill Goods ; scarcelie wee who doe possesse them : for why ? wee holde , that whatsoever wee bestow to Mendicant poore People , to necessitous Friends , or Neighbours , for Mayutaynance of the Ministrie , or Schooles of Learning , all that hath allowance for Tythes in the sight of GOD : neither are wee oblished , nor can bee , to sustaine the Poore , by anie Law , other than by that of Tenthes : this I doe hold , albeit Ambitious Men , to abuse the World with faire Colours , will perhaps holde the contrarie . But I doe not doubt , but this New Reason , which I doe put in from the Mysterie of the Number , will bee thought of manie a ●aprit●h , or Raveri● of a Phantasticke Braine . In the meane time , if wee would possesse them still , wee haue neede of some New Doctrine vnheard of , for to qualifie our Possession , and purge it from the Sacriledge ; seeing our owne Teachers , whose other Opinions in everie thing , numbers of vs do superstitiouslie follow and adore , they doe affirme vs to bee Sacrilegious in this Point : I meane , Puritane Preachers , and their Sectators . It is of notable Observation , to consider , howe throughout this whole Yle , there haue ever beene Opponents to Episcopall Governament and Rents : two sorts , I may say , of Factious Men ; The Clergie factious , and the Laicie factious : The Clergie Factious haue striven for it , That all the Church Patrimonie appertayneth vnto them , their Presbyteries , and Disposition . And this Ground they haue so hardlie mayntayned , that in a Supplication given in , to a Parliament in England , in Name of the Commonnalitie , Anno 1585 , they set it downe , for an Article of Doctrine , That all Abbay Lands , once dedicated for sacred vses , should by the Word of GOD remayne in that Condition for ever , and may not bee taken backe . Their Disciples agayne , the Laycie Factious , say , That their Preachers ought to conforme themselues to the Mayntaynance of the Apostles , who had no Silver , nor Gold● , nor Possessions , nor Tythes , nor Rents . Wherevnto their Teachers doe aunswere , That that is as much , as who would say to the base popular , That Noble-men haue more than their part in the World , which they spend vpon Horses , Halks , Dogs , Ryot of Lyfe , whiles their T●nnands doe sterue for Famine . That in the Apostles tymes , Men had all things in common , Moneyes and Meanes were layde at their Feet , and equallie distributed by them ; and that such Insolence , and Wealth of Noble-men , vvill but spoyle Pietie and Zeale , if they be not reformed according to the Apostolicke tymes , no Man can deny : But this Proposition is as resonable as the other , albeit both should bee but an Anabaptisticall Practise . Alwayes , out of a Treatise written by English Arch-Puritanes , of Discipline Ecclesiasticke , these haue I extracted , ad verbum , Whyles they ( meaning their owne Disciples ) beare vs speake agaynst Bishops , and Cathedrall Churches , it tickleth their Ears ; looking for the lyke Prey , as they had before of Monasteries : yea , they haue alreadie devoured the Church Inheritance : they care not for Religion : they would crucifie CHRIST , to haue His Garmentes : they are Cormorants , and wicked Dionysians : they doe yearne after the Prey , and would there-by , to their vtter confusion , purchase a Fielde of Blood : they consume their Goods , with Sacrilegious Impudence , & Boldnesse , in Courtlie Braverie . Herein any Man may see , how the one sort of them doe vrge vs with the Church Policie , which ( say they ) was vnder the Apostles , Presbyterian ; but they would haue the Livings of our latter tymes . The other sort concurre with them in Policie , but vpon Condition , That for Mayntaynance , they will embrace the Apostolicke Povertie , to the ende , that they may enjoye the Church Patrimonie themselues . Therefore , may it not be justlie sayd , to the Laycie Factious , That they oght eyther to denude themselues of Ecclesiasticke Goods , or provide themselues of other Teachers , than such as daylie condemn thē to their Fact ? & that they shold not be so shamelesse , as to vtter one worde , agaynst the present Governament of the Church , or the Repetitiō of Tythes to the Church , vntill they haue done eyther the one , or the other ; lest otherwyse they bee despysed , as Men vvho make some little show of Religion , but haue none at all . Now , if anie Man doe hold sincerelie , that Tythes are not due to GOD , I am sure , that he will yet grant , that a Competent Portion vnder some other Number , must be for the Worship of GOD , and Works of Pietie . And if the Retention of Tythes be Sacriledge , there is a fearful Curse pronounced against it , Malach. 3. A Curse of the Devourer ; Because ( sayth the LORD ) yee haue robbed my Tythes ; and left no Meat in my Store-house . And is this the only Meat of Priests , that is robbed heere ? No , but this is also the Store-house of the People , Non ex solo pane vivit homo , sayeth the Spirit of GOD , Man doeth not onely liue vpon Bread , but on everie Word that doeth proceed from the Mouth of GOD. There must be into the House of GOD , store of the Bread of Lyfe , of that Heavenlie Manna , which feedeth our Soules : and this cannot be , without sufficient Provision of Temporall Bread , to the Preachers of the Word , Labia Sacerdotis custod●●n● legam DEI , & in pectore ejus conduntur or acula divina . Certaynlie , the Pover●ie of the Church , doeth make a scarce & vnlearned Ministerie . Amongst the Persecutions of the Christian Religion ; recorded in Histories , there are two most remarkable ; one vnder Dio●lesian , another vnder Iulian , called the Apostate . The first of them did slay the Priests : not the lesse wherof , the Christian Fayth did so greatlie flowrish , as it was thence forth sayd ; Sanguis Marty●● , 〈◊〉 Ecclesiae : The Blood of the Martyrs , was the Semmarie of the Church . But the second did supplant Religion , in a more pitthie and pernicious sort , albeit it was not bloodie : he robbed the Church Revenewes , where-thorow both Preaching , and Christian Schooles , did decay , Occidere Presbyteros parum erat : To slay the Priests , it was a small thing , ( which Dioclesian did ) compared with the insidious Opposition of Iulian , Ipse enim occidit Presbyterium , He cutted the Throat of the Presbyt●riall Possession . Wherethorow great Ignorance did shortlie after ensue : for , as Theodore● wryteth , Who would go to spend their Youth , in the Studie of Theologie , to haue no Mayntaynance in their Age ? And here vpon this faire Occasion , I must remember the Neglect of that moste Royall and Necessarie Policie , of Plantation of a Sufficient Ministerie , Schooles of Learning , and Burgall Societies , in our Northerne Yles , and Hie-Landes of Scotland , for Exterminion of Berbaritie , and Incorporation of that People , to the Bodie of this Kingdome , vvho for the present haue no Markes to bee Natiue Members there-of , neyther by their Manners , their Habite , nor their Language , the three speciall Evidences of Naturall Vnion : For , as for RELIGION , that doeth moste vnite of anie thing , I thinke they know none . The Necessitie , and Mayne Importance of this Policie , is verie soone seene : For in the Assurednesse and Strength of Borders , doeth chiefelie consist the Suretie of a great State. Agayne , everie one knoweth , howe there is not a better Meanes , to reduce a People , naturallie fierce and rebellions , to Obedience , than by infusing into the Heartes of them , the Loue of Knowledge , and of Civill Carriage : vvhere-of vvee haue a most proper Example , and most pertinent heere , of the Romanes , vvho by that kynde of Artes , did goe about to breake and addouce the Bellicose Cowrage of our owne Predecessours in BRITANE , as wee reade of AGRICOLA , vvho vvas Generall heere of the Romane Legions , vnder the Emperour DOMITIAN , sayeth Taci●us , I am vero Principum filios liberalibus artibus erudire , & ingenia BRITANNORUM studiis GALLORUM anteferre , ut qui modo lingaam Roman . abnuebaent eloquentiam concupiscerent , ●ude etiam h●bitus nostri honor & frequens tog● , pa●latimque discessum , ad delinimenta ● vitiorum , porticus , balnea , & conviviorum elegantiam , idqu● apud imperit●s huma●itas vocabatur , cum pars servitutis esset . The luchantment , in some , of the Romane Schooles , then made the Britans 〈◊〉 despyse , piece and piece , their owne Manners , and roughnesse of their owne Language , and brought them to Admiration of the Romane Tongue , and loue of their Apparrell , and , at length , to Softnesse and Delicacie of Lyfe ; by which thinges , they did for the tyme , greatlie effeminate their Myndes . That our Yles , and Hie-Landes , haue nowe great neede to bee tamed , by the lyke Artes , beeing a Dangerous , Rebellious , and Vncivill People , it is verie easilie proved ; for our Scottish Historie is full of it , That those Yles , and Northerne partes , haue not onelie beene Portes , and Receptacles of Forraigne Armies , invading our Countrey , and a Sanctuarie for Domesticke Rebelles : but the Lordes of the Yles , haue manie tymes threatned the Crowne of SCOTLAND , and haue foughten Bloodie and Desperate Battels for it . VVe reade in our Historie , that our King , Findocus , after hee had bene afflicted with the mightie Rebellions of Donaldus , vvho styled himselfe , King of the Yles , hee was in ende murdered by his Insidi●tion : and the King succeeding to him , ( called also Donaldus , ) vvas slayne by the same Man , in open Battell : after the vvhich , he did vsurpe the Crowne of SCOTLAND , and exercised most bloodie Tyrannies , for the Extinction of the greatest part of the Nobilitie . Againe , vnder King Eth●inus , another Donaldus of the Yles , did so boldlie revolt , that hee came vvith displayed . Banners to the Countrie of GALLOWAY , and all-to-gether spoyled it . The thirde Donaldus of the Yles , in the tyme of KING IAMES the first his beeing in ENGLAND , hee did oppresse and subdue our vvhole Northerne partes , yea , even to the Honourable Citie of ABERDENE , vvhich hee intended to destroy , if he had not bene diverted , and drawne to that famous Battell of HAR●-LAW , vvhere so manie Barones , Knights , Honourable Gentle-Men , and Burgesses of best sort did lose their Lyues . These serue for sufficient Documents , to after-comming Princes : for there is nought that hath beene , vvhich may not come to passe agayne , Tyme it selfe beeing but a Circulation of the same things . These Examples did moue the valiant & wyse King , Robert Bruce , in his Testamentall Counsels , to his private Friends , it being the Minoritie of his Sonne , to leaue this Direction , Tanquam arranum imperii , vel domus Augusti : That there shold never be a Lord , nor great Man in the Yles , but they shold remaine perpetuallie impropriate to the Crown : Ea-enim oportunitate ( saith the Writer ) sitae sunt , eaque incolarū mobilitas ut levissimam 〈◊〉 causam ad rebellionem impelluntur , nec deficientes facile reducantur . As much I say of our Hie-Landes , That in all Ages by-gone haue beene the Strong Refuge of Bloodie Traytors , and those vvho haue violated the Sacred Ly●es of our Kinges ; for the which Cause we reade very neare to the beginnings of this Kingdome , that Evenus the second , who was but the fourteenth King from the first , having with much Businesse , repressed the Tyrannie of Gillus , who pretended to be King : and trusted himselfe to the Rebellious Hie-lands and Yles . Thereafter , for the better assuring of that Barbarous People , and reducing of them to Civill Knowledge and Carriage , hee builded two Cities , in two severall Countreyes , Ennernesse , which is to this day a flowrishing Towne , in the Northerne partes , and Ennerlochtie , vpon Loch-Tay . And in our owne tymes we haue seene amongst them , such Proude and Incorrigible Oppressions of Neighbour People , such Cruelties , and Nefarious Perpetrations , as if they did not feare eyther GOD , or the Devill . Whyles the Romanes were so politicke in Britane , is it not much more easie for His Majestie , who now governeth here , to reforme that 〈◊〉 , by frequent Plantation of GOD'S VVord , which of all thinges is the greatest Dau●ter of the Mynd ? Certaynlie , it is more easie , & by twentie to one more necessarie for His Majestie to performe , than it was for the Romanes then . The Perfect Plantation chiefely of these Yles , with Burgall Cities , Civill People , and Christian Clergie , were a most Glorious and Emperiall VVorke : For besides the clozing of that Backe-Doore , to the Suretie of the Crowne , and Quietitude of the Kingdome , it should be the Meanes , to erect the Fishing of our Scottish Seas , a Ritch Trade , esteemed sufficient for the Employment of 50000 Persons , a thing of great Consequence for our Countrey , wherein there be even Swarmes of Indigent & Necessitous People , and a thing of greater Importance to the yearlie Finances of the Crowne , than anie that hath bene excogitate in tymes by-gone . The Discourse of the Nature of Tythes , hath carried mee too farre , from the Poynt thereof which is most proper for this Treatise : that is , Of what Discontentment may justlie aryse to vs , by reason of the Reformation intended by His Majestie , of Tythe-Abuses , or Oppressions done by Tythe-Masters , vvhere-in I neede not to insist much to debate it : for if Oppression bee a Crying Sinne , it will speake for it selfe . I haue onelie two Words , If the Noble-man can put a Bridle in a Gentlemans Month , by any Right to his Tenthes , although hee were his Nearest Kinsman , hee can ( as everie Man seeth ) command him , as his Horse . Hee causeth the Poore Labourers of the Ground , to leade his Tythes to a Milne , perhaps to his Barne-Yard too : and whereas they vvere illuded , in the beginning of Reformation of Religion in Scotland , and made to belieue , that they should pay but the Fifteenth Sheaffe , now it is so rigorouslie exacted , that if there bee a Stucke ruffled with the Weather , or with the Beasts , that the Tenth-master will not haue : hee must haue the best . And in place to shaue the Poore Man's Haire gentlie , by a Violent Pull , hee bringeth with him a Portion of his Hyde . If Reformation of these bee intended , it is no Matter of Discontentment , but of Common Ioye : yea , even to Noble-men , it should bee so , that the Wayes of Oppression bee stopped , for stopping the Current of GOD'S Wrath against them , or their Posteritie . I doe reverence the Iudgements of GOD , and will not take on mee definitiuelie to pronounce , wherefore Hee doeth inflict them : a Case oftentymes hidden from the Eyes of Men : But surelie , it is great Pittie to see the Desolation of so manie Honourable Houses , as haue beene overthrowne in this Land , since the first casting downe of Churches , and Religious Houses , and turning of Tythes into Temporall Goods . And if Noble-men were to brooke them still , they shall doe well to agree to the Reformation of Abuses , or ( which were better , in my Opinion , for them , and all others ) to submit our selues to GOD , and to the goodnesse of our Prince , who hath alreadie by publicke Declaration , manifested the Benignitie of his Meaning towards these things : that all Rights of his Subjects lawfullie purchased , shall bee confirmed , everie Man shall haue his Tythes vpon easie Conditions , ( which seemeth agreeable to their first Institution by GOD , where the Payer and his Familie , were admitted to the Participation of Tythes ) and that all Men shall bee fred from Servitude , and forced Dependances . And since Tythes are Bona Eceles . Bona Pauperum , Bona Reip. there is no doubt , but a Christian King , who is Father of the Church , of the Poore , & of the Common-wealth , may dispense and dispose of them , and of Ecclesiasticke Effayrs , as David did , and Salomon , and the Christian Emperours , in the Primitiue Church ; which is the Reason , why in their Coronation they were anoynted with the Oyle of the Priesthood , & why the Kinges of England were at their Inauguration cloathed Stola sacerdo tall , to testifie their Ecclesiasticke Power . The CHURCH is sacred , and so is the Common-wealth ; the CHURCH being served , and the Poore , who be Members of the CHURCH , and Schooles provided for , the Prince may employ the Superplus , as they shall please , for the Common-wealth . But now , because the speciall Scope of this Treatise , is to show as well the Necessitie of makeing Warre , as the Meanes to doe the same , therefore I must speake of one thing , vvhich appeareth to bring a notable Inconvenient and Di●tresse to this Tyme , if it bee not prevented : and that is the great Scarcitie that shall bee of readie Money in this Countrey , before it bee long ; by reason , that the greatest part of our best Coyne is either exported by Merchands , or looked vp in their Hands ; and by reason of the exorbitant Summes that His Majestie must of necessitie daylie sende beyond Seas , for mayntaynance of the Warres : where-anent , before I set downe my Opinion touching the Stabilitie , or Iustabilitie , of Money-Pryces in Scotland , I will say some-what of the Nature thereof in generall ; for Disquisition vvhereof , I vvill goe no farther backe in Antiquitie , than to the Romanes , vvho before their first Punicke Warres , to vvit , Anno 490 , of their State , had no other Coyne , but of the Asse in Brasse , because the Septentrion Regions wherin there be Mines of Silver , but not of Golde ; & the Indees , where there bee both of Silver and Golde , were vnknowne to them at that time : some yeares before they had Gold , but neither in Coyne , nor in Quantitie . Camillus , beeing Dictator , when Rome was taken by the Gaules , Anno 364 , could not finde amongst them all , aboue 1000 pound weight of Golde , to make Redemption of the Towne , there being in the meane tyme ( as their Subsidie Books did verifie ) 152580 free Citizens in Rome : an Argument , that Golde was then verie rare . But as their Empyre did extend it selfe to Africke , and Asia , not onelie Golde and Silver were brought to them , in g●eat Plentie , but there-with also the perfect Science of those Mettals . Plinius , and all the Naturalists , holde , that no Golde is found without a Mixture of Silver ; nor Silver , without commixtion of worse than it selfe : and certaine it is , that Golde cannot bee employed to anie Worke , nor reduced in Coyne , without a Mixture of Silver , to the 35 part at least , which wee doe now call of 35 Carret fine : and this is the best and most vpright Golde , Obrizum , of fyrie reddish Colour . Againe , the most base is of pale and whyish Colour , having a fift part of Silver in it , called Electrum . Vpon he Degrees betwixt these two of fift part , and 35 , doth run the fynnesse of Gold through the World ; & of Silver , betwixt 13 Pennie , and 9 Penuie fine , as wee call it : that is to say , having into it so much of Copper , everie Nation following their owne Pleasure there-anent , and manie striving to haue more base Coyne than their Neighbours , and heighting Forraigne Money , which is better than their owne , that they may brooke it within their Countrey ; and if they please , mixe it with their owne , suffering Merchands , by Subtilties of their Trafficke , to wait the Commodities of Exportation , or Importation : that sometimes doth benefit the State in common , some other tymes only the Merchand himselfe : the ground of all vvhich Abuses , is the fraudulent Commixtion of Golde , Silver , and Copper , by Coyners , and Gold-smiths , vnder and below that Fynnesse vvhich is authorized by Princes & States . Wee reade , that in the dayes of Francis the first , the saids Artizans being ordained by Law , to vvorke the Golde of 24 Carret ; Tryall beeing taken , all vvas found to bee but of 19 : so that in everie 24 Marks of Golde , there vvere 5 Marks of Silver , vvhich did vvonderfullie damnifie the Subjects , and vvas punished by Death and Confiscation . And albeit amongst the Romanes , vvhen they began to haue store of Coyne , it had Course of 32 Carret Fynnesse , wherof there are diverse Pieces extant to this day , vnder the Stampe of Vespasian , yet the best Fynnesse , now current in Europe , is about 23 , and of Silver , betwixt 11 , and 12 Pennie : the most base againe , in diverse places ; is little better Golde , than the Electrum of 7 , or 8 Carrets , and Silver of 8 , or 9 Pennie . So that it is the great Negligence , and Over-sight of State-Masters , in manie Nations , who doe not duelie collation the Worth of Countrey Coine , with that , vvhich is Forraigne , thereby to know vvith vvhom the advantage doeth rest . And as it vvere a good Meane , for Mayntaynance of Humane Societie , that all People should professe one Fayth , for our Vnion in Religion , which is the surest Band of Loue , and that all should acknowledge the same Civill Lawes , for Concordance of our Actions , in the Rules of Iustice ; so it vvere the onlie Way , to conserue Vprightnesse , and Equitie in commerce of Merchandize amongst diverse Nations , that there should be a stable Pryce , and stable Fynnesse of Coyne common over all . But that as the other two are rather wished , than expected , amidst the great Diversitie of the Myndes and Manners of Men ; where-vpon the often Alteration 〈◊〉 of Money , speciallie by heighting of Pryce , and basing of Fynenesse , haue bene frequentlie practised . And , albeit it seeme to be vnjust in it selfe , and to import manifest Wrong , to particular Members of the Cōmon-wealth ; as when he who advanceth Money in prest to his Neighbour , must by those Means receiue in Payment lesse than the same Weight & Fynnesse which he gaue vnto him : Or , vvhen he who hath no State , but of Silver Rents , & the poore Artizans , vvho get noght for their Work , but Money , are constrayned , by the heighting there-of , to buy everie thing at a double Rate perhaps than of before , because it is true , that the Pryces of all thinges doe followe the Pryce of Money : Yet not the lesse of these , I will reason thus , with such as doe stand for the Stabilitie of Money at this time amongst vs : First , I say , there are no things of Men , which are not subject to Vicissitude : vvee see no Stabilitie of Governaments , either in Church or State. Is there any thing more ordinarie , yea , more necessarie , than the Change of Positiue Lawes , according to the Occurrent Behooffulnesse of the Tyme ? Second●ie , I say , the Alterations of Money-pryces , are naturallie & reasonably as incident as of other thinges . If aboundance of Landes , put to open selling , great store of Bestiall , hudge increase of Cornes doe make the Pryce of those more low and easie : If Scarcitie agayne , of the same doe rayse their Pryce , why not in lyke manner , the greater Plentie of Money , the lower Pryce , and the greater Penuritie there-of , the higher Pryce ? So that I say , vvhen Cornes are scant , yee cannot choose , but there must bee Dearth : Lykewyse , vvhen Money is much scarce , yee are not able to keepe it at the old Pryce , vnlesse yee will marre all , or else that we had nought to doe with Money . Thirdlie , I say , it is not a good Argument , Because a thing doeth prejudge this or that particular Man : Ergo , it is no Common Good : Omnis magna lex habet aliquid iniquit at is : what Law hath ever bene made , which is not of that kynd , and hurtfull to some in particular ? Nature it selfe is contented to be violated in a Member , for the Preservation and Prosperitie of a Whole . We Will snead and cutte the Branches , that the Bodie of the Tree●ay ●ay shoote vp more stronglie . Albeit the Spirit of our Lyfe bee ●nto our Blood , yet we will take some Ounces there-of , to prevent 〈◊〉 remoue Mortall Diseases . Fourthlie , I say , that ●he Bodie of our ●eople , yea , all of thē ( except some Ydle Men , who liue onlie on Silver Rents ) are in best Condition , when our Cornes are at reasonable grosse Pryces : provyding there bee no Scarcitie , everie Mank noweth it to be so . But this cannot be , except the Pryces of Money bee haughted , or that ye find other Means to put aboundance there-of in the Countrey . Yee will say to mee , Yee shall provyde howe the Merchandes with tyme may import store of Silver and Golde , as they did the yeare by-gone . And I answere to you , That is not at all tymes in the Option of the Merchand , but then when he doth fore-see his owne Advantage , and all was Forraigne Money that he brought , but none of our own Coyne which goeth abroad at an higher Rate than here : so that I knowe not a better Way , than by haughting the Pryce there-of , to let them see a second Gayne , by Importation of the same . Will yee aske mee , what shall bee the benefit of the Common-wealth ? or what Well-governed State hath practised such things ? I answere to you , That it is never done , but vpon Necessitie , and in that Case , hath beene done by the Strongest and most Politicke . The Romanes , ten yeares before their first Warres against Carthage , vvere begun to haue Silver Coine , called Denarius , and the parts thereof Quinarius , and Sestertius ; the Deniere beeing worth ten Asses , and the Asse beeing a Pound of Brasse , in Coine , at 12 Ounces the Pownd . But the Citie being exhausted , and endebted by that Warre , vnable to defray the Charges , they raised the worth of the Brazen Money , by diminishing the Weight ; ordayning the Asse , to bee onelie two Ounces : where-by the Exchecquer of the State , did gayne fiue partes of sixe , and so vvas soone made free from Debt . Here was indeed an Exorbitant Heighting : the Necessitie was great , the Common-wealth in danger , & the Practise vpon Brasse . Ye will say to me , that Heighting of our Money , will more prejudge , than profit the King , for Mayntaynance of Warres . For Example , If everie twentie Marks of Money , were by Authoritie called in , to the Coyning-house and put foorth vnder the same Weight and Fynnesse , for twentie one Markes ; by this Meanes His Majestie should presentlie get the 21 parte of all the Coyne in Scotland : but there-after , in yearlie Payment made of His Rentes , Impostes , and Casualities pertayning to His Treasurie , and Taxation of everie 21 Marks , hee should want one , that now is made , according to the present Pryce : and it cannot bee denyed . But for Helpe of that , and Safetie of the Subjects , from Inconvenientes , and Wronges of that kynd , our Money may be heighted , vpō that Reasonable Condition , as we find it to haue bene done vnder King Iames the third : to wit , That all Bands , Contracts , Obligations , Infeftments for Annuall Rents , Few-Mails , Sums of Money , Tackes of Lands , or of Impostes for Money , made of before that Heighting , shold be payed of the same Pryce and Eynnesse , which was current , when the Sureties were made , and that the Newlie-Heighted-Pryce should onelie stryke vpon Future Trafficke and Commerce : vvhich seemeth to haue bene a verie reasonable Middle , for Multiplication of Money , and Raysing of Victuall , vnto Discret and Competent Pryces , for the Common Good of the greatest part of People . I confesse , that such thinges are to bee done seldome , and then fore-sightf●llie . Philip Le Bell of France , did once base his Coyne , so farre , by Mixtion of Copper , and Brasse , that the Italian Poët , Dante 's , did call him , Falsificatore di moneta : vvhich hee did excuse , from the Necessitie of the Tyme , and did there-after repent it much , because it was followed with great Harme , & Mutinie of his Subjects . Alwyse , I trust none will deny , that it is more profitablie done , to height Money , than to base i● : and it is well knowne , what notable Losse did ensue to this Countrey , by the last crying downe of our Coyne . But seeing that Land ( which is Bonum immobile ) is subject to daylie change of Prices , to holde that Golde ( beeing in the Account of Bona mobilia ) is not in the same Condition , as a thing more Sacred in it selfe , it is a Scorne , vnlesse wee would draw our Argumentes from the great Vertues and Excellencies , which no doubt are latent there●nto , albeit mystious , and vnknowne to vs , and whereof we make no Vse of that Aurum potabile , so soveraigne for removing of Diseases , and Corroboration of Man's Health ; whereof the Aleamistes make Moses to bee the first Inventer , by reducing of the Golden Calfe , into Powder potable . And that the Specificke Spirit of the Golde , doeth ( as they say ) transforme other Mettalls into Golde , and is sufficient to mayntayne Perpetuitie of Youthhead : Affirming their Elixer to bee that same , wherevnto Sainct Iohn , Apocal. 21 , did compare the Holie Citie , It was of pure Golde , lyke Glasse : saying , that the Spirit of GOD doeth not vse to comparison , but thinges which are indeede In rerum natura : and citing for this their chiefe Patron , Paracels . in the 9 of his Metaph. Nostra tinctura rubea est in se astra auri continens , translucida instar Crystalli , fragilis ut vitrum . And in diverse Places of his Minerall Treatises , giving the Cause , in most admirable Termes , why GOD ▪ shall conceale from the World , that Secret vnto the comming of Elias Artista , within the seaventh thousand yeares , which is presumed by the remote Theologie , to bee the Finall Iubilie of the World , and the Triumph , both of Naturall , and Metaphysicall Operations . And albeit that Suidas doth alleadge , that this Science of the Multiplication of the Golde , did rest amongst the Aegyptians , even to the Reigne of Dioclesian ; who ( as Augurellus wryteth ) did much feare them , by reason of their Chymicall Skill ; Not the lesse , I say , wee know how these Disquisitions haue hitherto , but exhausted the Braines , and Treasures of manie great Princes , who haue gone about them , so that wee are not to make Estimation of Golde , for such subtill Theorems , but even as of other temporarie things . Next , I know yee will pretend , that there is no Penuritie of Money in Scotland , but that , that is kept vp in the Hands of Ritch Merchands , and that yee will finde in some Burgh , more Silver and Golde , with two or three , than is in the whole Towne beside , and the whole Shyreffdome about ; but that they refuse to vent it , and if that Case were cured , wee should haue great Plentie of Coyne : so , for the more cleare Discussion of this Businesse , I will heere suppose my selfe , having Commission to dispute this Question with the Merchand who doeth thus . Commissioner . I come to show you Merchand , that His Majestie and Counsell , are highlie commoved against you , because in this time of so great Scarcitie of Silver , and of so maine a Necessitie , to haue it current through the Countrie , yee doe locke it vp in your Coffers , not onelie to the Common Prejudice and Perill of the who●e State , but also to your owne hurt in particular : for your Father was accustomed to say , That a laying Henne , was better , than a lying Crowne . Merchand . I doe praise GOD , for that I haue alreadie gained sufficientlie by the Merchand Trade : the VVorld is evill , both at Home , and Abroad , and my Money is sure in mine owne Possession , Commissionar . Doe yee not consider the great Wrongs in the meane time , by the Detention there-of ? Merchand . What are those VVrongs ? for why ? I doe retaine no Man's Goods , but mine owne . Commissionar . First , yee are vnthankfull to GOD , and to your Countrey , who having acquired so great Aboundance , doe deny the Profitable and Necessarie vse of your things , without your owne Hurt , to your Prince , and Common-wealth , who both are in Paine , for want of Money : farther , yee doe vvhat yee can , to over-throw the Citie , where-in yee dwell , and vvhere-of yee , are a Member incorporate : In the which Citie , a great number , and of the ablest Men , haue no other Meanes of their Lyfe , but by Maritine Trade , whilst yee , and such as yee , haue weakned and deboshed the Shipping of that Towne , so farre , that there is not amongst them all , so manie Ordinance , or Sea-Munition of Gunnes , as I haue seene in my time , to bee in one of your Shippes : by the which doing , the poore Ma●iners are now in this Dangerous Time , brought to this Desperate Case , that they dare not adventure to Sea ; partlie for want of Employment , and partlie for want of Munition and Equipage . Merch. I did follow the Trafficke so long as I could gaine anie thing for my Paines ; now there is nought to be had : for why ? His Majesties Imposts are so great , that by three Voyages to Bourdeaux , I haue found , that in name of Impost , His Majestie hath gotten all my whole Stocke . Commiss . That is an Ambiguous Speach ; for I thinke yee would say , that His Majestie hath gottē as much as your Stocke , so that your Gaine is not so great as it was wont to bee , when at one Voyage , yee did double , or triple your Stocke . And I aske you , If that bee not a most Laudable Vertue , whē sitting in your House at Home , ye cā by employing of 3 Voyages , Avance to His Majesties Coffers , the Aequivalent of your Stocke , when yee can mayntayne the Means of their Living to numbers , vvho serue in your Ships , & keepe your Stocke vvith reasonable Gayne , although it vvere but small , rather than to roust your Moneys in your Cabinet ? How vvould ye liue in Holland , vvhere there is not a Loafe of Bread , nor a Pot of Biere , vvhich doeth not pay more of Impost , than it is vvorth , before it come to anie Man's Table ? and yet none doeth complayne , or finde Harme by it : But contrarie , that Common Intercourse of Money , vvith the Dexteritie vvhere-by they rule it , hath bene the onlie thing to sustayne their Longsome Warres : And is not Money appoynted for such Vses ? Merch. Our Condition is not alyke to theirs : their Traffique is great , and questuous : they doe cōmand the Seas , we haue no such doing here . Commiss . What if His Majestie , and His Counsell , should make a Law , ( not so much respecting the Importance of His Impostes , as for the Common-wealth , & Standing of Maritine Towns ) that everie rich Burgesse inhabiting the same , should employ at least the two part of his State to the Sea Trade ; doe yee not thinke , it were a Princelie Policie , for the Conservation of them , & Good of the whole Countrey ? Merch. But who thē should buy the Gentle-man's Land , vvhen he is not able to brooke his Estate ? Commiss . His Creditors behoved to accept them , in Payment ; and it should teach vs to liue more frugallie , in tymes comming , vvhen wee should see such Difficultie , to turne Lands into Money . Alwayes , because we must haue your Silver to come foorth , to serue this Tyme , I vvill insist farther with you , to aske , why ye doe not bestow it vpon Lands , and Annuall Rents , since yee haue with-drawne it from the Sea Trade , that the Countrey may haue the Necessarie Vse there-of . Merch. Landes are not so readie at hand , as they haue beene some years by-gone : almost all who needed , haue sold : that Market is nearlie past : besides that , the Tyme is dangerous , & great appearance of Warres , and of a Broken State. Commiss . Then it were rather to vent your Money for eight or seaven of the hundreth , to trustie Debtors , who could assure you against all your Fears . Merc. Before wee doe that , wee will keepe it in our Coffers : a Man may vse his owne proper Goods , after his owne Mynde , if it vvere to consume them , by Ryot and Drunkennesse . Commiss . That is a bad and Intollerable Speach : as if wee Countrey Gentle-men should say , It is lawfull for vs , to vse our Landes as wee please , and to cast barren and vnlaboured the best part , that wee may plague you Burgall People , with Scarsitie and Famine . Howsoever it is neglected heere , yet in the most Politicke States , which haue beene , that Libertie was not permitted to Men to doe as they would , even with their owne Goods or Lands . Wee reade in the Lawes of the 12 Tables , amongst the Romanes this Caveat , That hee who was a Prodigall Debosher , should bee intradicted as a Foole , Situ ●ona patria , avita●que vel tua , nimia nequitia disperdere liberos●que tuos ad egestatem perducere volueris , tunc hoc commercio tibi interdicendum est . And by the Lawes of Solon , and of the Areopagits , such Persones , ( called Patrimoniorum de Coctores ) Devourers of their Patrimonies , were with Infamie , debarred from Honourable Assemblies , accused as Criminall Persons , cast into Prison , and derobbed of farther Commerce amongst Men. And heere I must tell you , it had bene happie , that such Lawes had beene amongst vs in this Countrey these thirtie yeares by-gone , where-in manie vertuous Men vndergoing Cautionriēs , for their Profused and Prodigall Friendes , haue bene naufraged by you Merchands , who will not persue the Principall Debtor , nor comprize his Lands , but doe still attake you to the Cautioner . Now to the Purpose : if the Common-wealth should bee dearer to vs , than our Children , because shee doeth nowrish vs both ; then if Lawes may interdict vs , for the sake of our Children , much more it must bee so for the sake of our Mother , the Common-wealth : from the Safetie where-of , doth depend the Vniversall Good of all her Members . So that when Question is of the Weale of the State , neither must yee bee so absolute Master of your Moneyes , nor I of my Lands , as ye doe imagine . Alwayes , I suppose , that I know certaine Meanes , where-by your Silver may bee exposed to Publicke Trafficke , without your Losse , or Discontentment : but because it toucheth a secret of Policie , I will forbeare anie Mention of it heere , and take mee to propone another thing , for Increase of Money , where-of ( it being common to others , as well as to you ) I will speake in Common , and make an ende of my Conference with you Merchands in particular . Amongst other thinges that haue made so great Scarcitie of Coyne amongst vs , there is one , which with great Reason ought , and with great Advantage may bee reformed : and this is the Aboundance of Silver Plate , Chaines , Girdles , Bracelets , and such as haue crept into Scotland , since our Vnion with England . It is acknowledged in Histories , that the pryde of Emperours , in guilding with Golde , spacious Pallaces , Temples , and Towne-Houses , was the first thing that did scarce the Golde , and haught the Pryce there-of ; as that large Fabricke builded in Rome , by Nero , all beguilded , where-in there were diverse Galleries of 1000 spaces : and as the Capitoll , to the beguilding where-of Vespasian did employ seaven Millions , and two hundreth thousand Crownes , of finest Golde : And the Temple Pant●eon , ( which wee see yet extant ) beguilded by Agrippa , for saving the Copper and Brasse from Roust . There-after they became so Prodigall , to beguilde also the Yron and Silver , that it should not bee subject to Roust . Wee reade in the French Histories , that so great hath beene the Prodigalitie of that Nation , for the vse of Clinkarts , Lace , and Cloath of Golde and Silver , that Lawes haue beene set downe , to bring those thinges from Merchands , to the Coyning-house , with strict Penall Statutes , against any more of that kynde for Apparell . Which things when I consider , they giue mee Boldnesse to say , That His Majestie , our Soveraigne , should doe well , to ordaine all the vncoyned Golde and Silver in Scotland , to bee brought in , and stamped in Current Money . It is in the Hands of Noble-men , Barons , and Burgesses , who can lose nothing by it , but by the Contrarie , gaine : for even they them-selues in the meane time , doe more delight to bee served in Glasse , which of it selfe is as Civill , and more Pure , for that Vse . And lest our Noble-men should thinke it Dishonourable to bee emptied of Ritch Cup-boards , I will show how this sort of Thirst hath beene followed by great Personages , without Indignitie . Scipio Afric . when hee died , did leaue no more Silver Plate , and Coyne both , to his Heire , than amounted to 32 pound weight : and yet when hee roade in Triumph , for the Subjugation of Carthage , he did ostent publicklie , and placed in the Exchecquer of the State , an incredible Summe , that hee obtained of the Conquered , Quater millies , quadringena , septuagena millia pondo , sayeth Plinius , foure thousand , foure hundreth , and seaventie pound weight , a thousand times counted . About the same time ( as the same Author wryteth ) their best and most ancient Captaines were degraded , for having fyne pound weight of Silver Plate to serue them at Table . King Ferdinandus of Spaine , called Magno , having wholly exhausted both his Treasures , & his Credite , in making lōgsome Wars against the Infidels in Valenza & Toledo , & for want of readie Meanes , in dāger to be oppressed by those Barbarians , his Wyfe ( a Ladie of an excellēt Spirit ) did put to Port Sale , not onlie al her Gold & Silver Plate , and precious Iewels , but also all her best Furniture of her Palaces , yea , and the richest Pieces of her bodilie Apparrell : vvhereby she did furnish her Husband in such sort , that he prevayled mightily over his Enemies , and conquered their Cities , with large Treasures and Commodities therein . The French Storie showeth , that King Charles the ninth , did reduce , vpon vrgent Necessitie , his whole Golde and Silver Plate into Coyne . I need not here object agaynst our selues , the Simplicitie of Manners of our Antecessours , and their Ignorance of such Prodigalities : but lest wee should thinke it base and ignominious to follow them , I will tell you how Plinius in his tyme did wryte thus ; Before our Grand-fathers , no Senator did weare Gold Rings ; and in the remembrance of our Grand-fathers , those who had the Office of the Pretorship , in their olde age did weare Rings of Yron . Of his owne tyme agayne , ( sayd hee ) all thinges that the Worlde by , Land or Sea could produce , were become so familiar , & sought for at Rome , that everie yeare it did cost the State , to furnish a Voyag● into India , fiftie Millions of Sesterses : for which the Indians did send backe their Merchandize , which were solde at Rome , for an hundreth tymes as much as they were bought for . So bent are People , to precipitate swiftlie , and in short tyme , to Corruption and Insolence , vvhere they once find themselues in the Way that leadeth into it . Nowe , supposing there were aboundance of Money in the Countrey , there can bee nothing more pertinent to a Treatise of this kynd , than ( for saving thereof to Publicke , Necessarie , and Vertuous Vses ) to propound a thing , whereof wee haue great neede , and which hath bene frequentlie practized by the best & greatest Common-wealths , in the tyme of Exige●ice and Distresse for want of Coyne , to preserybe Moderation , both of Dyet and Apparrell , often tymes done by the Romanes , and frequentlie since by the French and Venetians , and by tymes everie-where . It is well knowne , howe farre wee haue deboarded in this sort , since our Conjunction with England : and I finde in our Historie , that the lyke Abuses did creepe in amongst our Predecessours , from the same Countrey , to the manifest Danger of the Common-wealth then , and that it was at two severall tymes grievouslie and p●●hilie resented by the Counsel of Scotland , to their Princes , and Reformation vrged , first vnder K. Malcolme the third , whose Queene , Margaret , being English , was attended with numbers of their Gentrie , and much Introduction of Forraigne Manners : Secondlie , at the comming home of King Iames the first , after manie yeares being in England , by a notable Oration publicklie delivered to that ende , by the Arch-Bishop of Sainct Andrewes for the time : to which two Places , I doe referre them , who are curious to know , how manie Wayes , and how soone , Prodigalitie and Ryot doe leade a State vnto Ruine . And if wee would esteeme such Reformations to bee disagreeable with Noble and Generose Mynds , it were to show the Povertie and Ignorance of our owne Mynde ; because in the Simplicitie of Manners , and Moderation of Lyfe , doeth consist all the Actiue Vertue of the Mightiest States ; there-vpon were Republicks founded , Cities builded , Lawes established , Empyres extended , the World conquered : sayeth the same Author , Plinius , there was not a Baker knowne at Rome , 580 yeares after her Plantation , nor no Bread , other than that which was driven out by Womens Hands , lyke vnot the Cakes which are vsuall amongst our Commoners : where-as in the ende , that most puissant and invincible Empyre , whome all the Nations of the Earth could not daunt , was overthrowne by excessiue Prodigalitie of Lyfe , as the Poet sayeth , Nunc patimur longae pacis mala , sevior armis Luxuria incubuit victum●que ulc●scitur orbem . Finallie , I will turne my Speach to You , O Mightie King ! Orient Monarch of the Northerne World ! Successour of that Wise Salomon of Great Britane , whose Heart so emptie of Ambition and Avarice , The LORD His GOD did fill with the True Wisdome of Governament , and did exalt Him as a new Pole-starre , or Lanterne of Light , to bee beheld a-farre , and sought to , by those who sayle into the Naufragious Seas of Southerne Darknesse . The LORD indeede did employ Him as a Salomō , to the like Function of Building His Tēple : for vnder Him was Poperie , & the Altars of Idolatrie casten down , The Gospell planted in this Kingdome , and the Church restored to the ancient Primitiue Governament ; That like vnto that solide Conjunction of the Tribes of Israel , vnder Salomō , the Bodie of this whole Yle standeth firme and vnited : and therefore would not GOD suffer Him to bee a Man of Warre , nor those Hands to touch the Sword of Blood , which he had concluded to vse to the Sacred worke of His Temple . But , Sir , Your Majestie , Hee hath chosen , to be that David , who should over-come and breake the mightie Enemies of his People : I should be sorie to trouble Your Royall Eares , with tedious Discourse , ( yea , if my shallow Wits could choose ) with one ydle Word : I will but briefelie bring before Your Majestie , some few of the Practises of Augustus Caesar , whom all the Politicke Wryters , and Histories , since his Dayes , haue set vp for a Perfect Examplar of Imitation , to all the Actiue Princes of following Ages . The first whereof , and first in the Actions of his Lyfe , was his incredible Diligence , in the Oppressing & Extinction of Intestine Enemies : For finding that the Clemencie of his Predecessor , Iul. Caes. in pardoning his Capitall Foes , in Dismission of his Personall Guards , his Carelesse Carriage , and Contempt of diverse Advertisements , given him from his Friends , of Treasons complotted agaynst his Lyfe , having nothing more frequent in Mouth , than this , Non tam mea interest , quam Rep. ut quam diuttssime vivam : I say , that Augustus finding that by these Errours , his Predecessor had prepared an easie Way of his own Destruction , he did with all Expedition , make away the whole Enemies of Caesar , without Mercy : not so much out of Splene & Vindication , as for Establishment of th● State , & Safetie of his own Lyfe . He kept 40 Legions , vpon his B●●de●ing Provinces , vnder the Cōmandement of his most trustie Friends , & strong Guards about himself . I know the Ods are great betwixt Your Majestie & him , because that was a New Conquest , & a Change of a Repub. into a Monarchie , where the Doer could not be secure without Violence , and Severitie of Governament . But withall , everie one doeth remember of the dangerous Stratagems , and pernicious Attempts , against the Sacred Person of Your Majestie 's Father , often tymes intercepted . We know , that there be within the Bowels of Your Majestie 's Dominions , Enemies to Your Governament : even of Men , who I thinke doe tender Your Lyfe as their owne : I meane , of Papists and Puritanes , whereof the first is avowedlie opposed to Your Majestie 's Lawes : and that the seconde is a perillous Enemie to Monarchall Governament ; yea , most perillous it is knowne to all the Worlde , by the Recordes of the Geneva Discipline , vented over all , manie yeares agoe ; and by our owne Histories of the Church of SCOTLAND , written by our Proto-Reformtors , and by our Iure Regni apud Scotos , of Master George Buchanan : and most clearlie of all , by a certayne Treatise , printed in LONDON , Anno 1593 , intituled , Dangerous Positions , published and practized within the Yle of BRITANE , vnder Pretence of Reformation , and for Presbyteriall Discipline : Which I am perswaded , if Your Majestie should take leasure to cast over , yee would thinke it expedient , to haue it current and publicke , to the View of all Your Good Subjectes , for the better Information of manie , who bee ignorantlie affected therevnto . Neyther doe I heere suggest anie thing , that may irritate your Majestie to Rigour agaynst such . And if it were asked me , What then doe I meane ? This is it , Sir ; Wee vnderstand , that your Majestie hath many and mortall Enemies , even of your Lyfe and Crowne : and those of the greatest Potentates abroad , and their insidious Instrumentes , vvho lye in wayte , to slyde into your Majestie 's Kingdomes vnperceiveablie , vvhen they shall finde the Waters troubled . In which Case , the Vnanimitie of Subiectes , especiallie in Matters of Religion , and Ecclesiasticke Governament , is the onelie Bād of our Securitie : For even where Subiectes are naturallie loyall to their Princes , destracted Myndes in such Poyntes are moste perillous . And as wh●n a great Disease , or Evill , doeth enter vpon the Bodie , it invadeth first that parte or Member , vvhich had anie Weaknesse , or Contusion of before : Even so , vvhen Forraigne Treacheries , or Intestine Seditions , come to bee practized in a State , they doe first assault those of vnstayed and divyded Myndes : and namelie , from the Pryde of Puritanisme , haue sprung the Seedes of the most badde and bolde things that haue bene committed agaynst our Princes in these last Ages . And I must say it , out of the Sinceritie and Simplicitie of a most humble Affection , to the Stabilitie of your Maiestie's Reigne , there is not a more malignant Gangrena latent within your Bowels , than that , nor more able to quarrell the Credite of Royall Authoritie , if thinges were never so little turned loose . Your Majestie hath neede againe , to set over the Ports of your Kingdome , the Eyes of Argos , to see that no Enemie doe enter . The Iesuit is a Proteus , vvho can transforme himselfe in anie Shape . Hee can passe by your Majestie , vnder Covert and Silence . Hee is lyke to the Skeilling Goose , vvho when shee flyeth alongst the Mount Taurus , carrieth a Stone in her Bill , to stoppe her Crye , that shee should not be heard of the Eagles , vvhich continuallie doe keepe the Toppe there-of . Chiefelie , your Majestie hath neede to be ●urious of your owne Court : For as never Heresie did come into the Church , vvhich began not amongst the Clergie ; Even so , seldome are Treasons contryved agaynst Princes , vvherevnto some of their Court are not conscious . When Augustus had caused great numbers to die , and thought himselfe free from Domesticke Fears , he found Cinna , a lurking Serpent in his Bosome : therefore we say , that Kings should bee vigilant , lyke to the Lyon , who is King of Beasts , and sayd to be of such Sollicitude , that he sleepeth vvith open Eyes . And if Your Majestie should at any time discover Disloyall Practises , then indeede the Example of Augustus were well to bee followed , to punish such Persons , vvithout anie Mercie at all . As for Puritanes , this I holde , that Your Majesties doe admit none to Episcopall Governament , vvho hunteth after it , for loue of Ritches or Preferment , and then doth nothing differ from the Puritane in all his Carriage thereafter : and that no Bishop be bold , to ordayne a Preacher , vvho doeth not in his owne person obey , and make his Flocke obey the present Discipline , and authorized Ordinances of the Church . Your Majestie of Clemencie may suffer to expyre in peace , such olde Puritanes , as had Tollerance and Conni●ence vnder Your Father , provyded they be modest and reserved : but that eyther Poperie should be endured , or in anie Corner of the Countrey an Arch-Puritane to bring foorth Seminaries of his Sect , for the Ministerie ; certaynlie , that were to keep a Backe-Doore open , for Anarchie and Confusion , sometyme to re-enter both into Church and State. For the present , Your Majestie hath Watch-men over our Church approved enough , by Your Blessed Father , vvho did preferre them . The second , SIR , notablie remarked in the Gubernatiue Wisdome of Augustus , vvas the great Honour done by him to the Senators of his Counsell , and his Confidence in them . The principall thing that did comfort those Conspirators agaynst the Lyfe of his Predecessour , being his Misregards to the Senate , that he would not deigne himselfe to ryse from his Chayre , when they came in , and that by the Perswasion and Flattery of Cornelius Balbus , puissing him too much , to vndertake Emperial Dignitie : Augustus by the contrarie , did dispatch no matter of Importance , but by the Advyce of the Senators , vvhome hee did so greattie respect , that after a perfect Setling of all his Difficulties , hee did beare in his owne person , the Office of a Consull , another tyme of the Censor , which both he did discharge faythfullie , and paynfullie , beyond anie that had exercised those Functions before him . Your Majestie knoweth howe there haue not bene better Princes , than Titus , & Trajan , vvhome the Histories doe call the S●aviters and Delightes of Men , and none so much as they did honour the Senate : none againe more badde than Nero and Domisian , who most of anie did vilipend the same . We reade howe greatlie it was to the prayse of the French King , Charles the fift , called Le Sage , vvho having received some Appellations and Complayntes from those of Guyen , beeing for the tyme Subjects to the King of England : vvhich when he remembered to bee done agaynst the Articles of Peace betwixt him and the sayde King , hee conveaned his Parliament , to bee judged of them , for that which had escaped him . And agayne , for the Danger that is in the meere Absolutenesse of Princes , Your Majestie hath that Famous Testimonie , given by Lewis the eleventh of Fran●e , a moste subtill King , most jealous of Soveraigne Pointes , and in his Counsels most absolute of anie : who acknowledging , that by such kynde of doing , hee had almost ruinated himselfe : therefore hee would not suffer , that his Sonne , Charls the eyght , should be taught more than three wordes of Latine : to the ende , that want of Learning ( which is commonlie accompanied with Presumption of Wi● , a perilous Poynt in Princes ) should constrayne him the more to governe his things , by Advyce of his Counsell . Some joyne herevnto , that he thought , ( as all Politickes doe ) too much , Curiositie of Learning , not fitting for Kings : the Opinion being generallie helde , that Delight of Letters doeth ( as I haue sayd before ) in a sort emasculate the Cowrage to Action , in all Men , and draweth them away to Contemplation , Kings being appoynted for the actiue Lyfe , Tu regere Imperio populos Romane memento Hae tibi erunt artes pacique imponere morem Parcere Subjectis & debellare superbes . Alwayes , SIR , to returne to Augustius : he did not onlie honour the Senate , but did also fore-see , that none were of that Order , but Men most worthie of Honour : When a Place did vake , hee would haue the Entrant , olde in years , and olde in Experience , of knowne Vertue , & vnspotted Fame , able to vnder-lye the Sentence of a Censor ; and then , of honourable Meanes , valiant at least of 40000 Crownes , whereof what was wanting , hee did himselfe supplie : neither durst any Man bring in Question the Name and Credite of a Senator , other than the Censor , who was indeed a fearfull & penetrant Explorator of their Manners : where-of our Iudges for Grievances , newlie erected , seeme to bee an Image . That Libertie for anie to accuse Counsellers , did creepe in vnder the Insidious Reigne of Tyberius ; and those were called , Delatores & Instrumenta Imperij : and such doings haue ever since beene sayde to bee Artes Tyberianae . O , SIR ! how much it were to bee wished , that Youthhead could know the Wisdome of Age ! or that young Princes might vnderstand the Precious Worth of Aged Counsellers , who bee faythfull ! Darius , who was the Father of Xerxes , and an excellent King , having by manie Experiences proved the Loyaltie , Loue , and Actiue Services done to him by Zopyrus , and having at length also taken in the Towne of Babylon , by the VVit & Industrie of the same Zopyrus , who whylst he went about that Businesse , did sustaine deadly Wounds , and Mutilation of his Person . And when his Master did possesse the Towne peaccablie , hee saide , that he rather did wish to haue Zopyrus restored to the integritie of his Bodie , than to haue an hundreth Babylons . SIR , I doe most humblie craue Your Majesties Pardon , to say thus much ; That if Your Majestie should be pleased to cast over the Stories of Scotland and England , & to consider there , vvhat bad Carriage hath beene in both , betwixt Princes and their People , what Tyrannie , vvhat Revolts , vvhat Intestine Blood , and Crueltie vnnaturall , vvhat fearfull Perpetrations , Your Majestie should finde Reason to thinke , that it vvere good at all times , to multiplie your Senators , vvith the most Choyse and Privie Men , for Goodnesse and Sufficiencie , that bee in either Kingdome . As for Examples of the Perillous Evils vvhich doe infalliblie ensue , vvhen young Princes doe attake themselues to young Counsellers , that one of Rheboboam may serue for a thousand : from the lyke to vvhich , I doubt not , but GOD ( vvho hath chosen your Majestie to great Actions ) vvill deliver you . I doe confesse vvithall , that the best Counsellers , are no vvo●se to bee super-intended , and looked to , seeing Men are but Men , and there is none who cannot erre , Vnlesse it bee the Pope : in the vvhich Case , your Majestie may vse , in your owne Person , the Office of the Censor , as Augustus did , and at your owne pleasure , examine their Carriage . The third thing , SIR , vvhich is greatlie commended to Princes , in the Policie of Augustus , vvas his particular Painfulnesse in all the Effaires of that great State , vvhose Example hath beene vvell followed by the Bravest of Emperours , and Kings that haue beene since , Tyberius , Vespasian , Trajan , Adrian , and the Antonines , vvho lived all to great Age , and were Masters of Civill Governament . After Augustus had attained 74 yeares , whereof hee reigned aboue 50 ( counting from the Death of Iulius Caesar ) hee left behinde him three Bookes , vvritten vvith his owne Hand , one contained The severall Actions of his publicke Governament : The second , The order of his Testament : The third , ( which is the Point I doe recommend to your Majestie ) did beare A Register , of the whole Estate of that vast Empyre , the Finances and Rents over all , the number of the Provinces , the Legions mayntayned there-into , the Armes , the Munitions , the Fortresses , the Shipping , the Colonies , the Allyes and Confederates , with speciall Records of the Debursments , Dues , and Charges , necessarie for everie of them , Donatiues ordinarie to Friends , Expenses of Publicke and Theatriall Showes for the People , Pensions to Captaines , Nobles , and other Serviceable Men , and that monethlie hee knew what Proportion was betwixt those Debursments and their present Moneyes . Such indefatigable Paines of this kynde did hee vndergoe ; that being mooved , at the Request of the Senate , after his Victorie over Antoni●us to accept in his Person , the Office of the Censor , and made Prefe●us morum , hee did three severall tymes make Numeration of the whole Romanes , as well resident at Rome , as dispersed abroad , and of the Subjectes of the whole Provinces , with severall Estimation and Reckonings of everie Man's Goods in particular . The Persian Empyre , was yet greater than that of Augustus , having vnder it 27 Provinces : and the Stories doe tell vs , that their Kinges haue ordinarlie lying on a Table before them , a Register like vnto this of Augustus . Your Majestie may reade in the Sacred Historie of Hester , that when Artaxerxes had escaped the Treason of the Eunuches , by the Meanes of Mordechay , there-after hee did himselfe enroll Mordechay to the Condition of his Reward . And tho Histories make Mention , that this same was the Practise of the late Kings of Spayne ; vvhether it bee so for the present , your Majestie doeth better know . This , SIR , is a Diligence worthie the greatest Monarches , this doeth let them see , the right Addresses of their Effaires , this doeth import a necessarie Over-watching of their Treasures , and Receivers , vvhich maketh them Frugallie and Thriftilie to conferre their Necessarie Debursements , with their Present Means , and to make Tymous Provision for what is wanting : it teacheth them , wherefore Pensions and Donatiues are bestowed , and to measure them according to the Proportion of Mens Services ; that some haue not too much , whylst others get nothing . Your Maiestie may reade of Philip of Valoys , that he did revoke all Pensions , which did not beare Speciall Mention of the Service done for them , to him , or his Predecessors . And of Charls the eight , who did annull all Pensions , exceeding a very smal sum , wherof I do not in particular remember . This kynd of Diligence will teach your Maiestie to avoyde Great and Greedie Numbers of the Receivers of your Rents , who doe devour so much of them , before they can come to your Maiesties Coffers , even as burnt and sandie Groundes drinke in the Waters that passe through them . To Charls the fift of France , were presented Complaints in Publicke Parliamēt , by the whole Estates , because he had fiue Treasurers , wheras before there were but two ; and a World of Receivers , whereas before there was but one resident in Paris . And by Francis the first , it was ordayned , that there should be foure Keyes of the Treasure House ; whereof the King should haue one himselfe , without the which , no other should enter , nor no Summes given foorth , but in his Personall Presence . The fourth and last thing , Sir , which I finde most speciallie observed in the Politicke Wisdome of Augustus , was his Indulgence towardes that People , and his Fatherlie Care of them , in procuring Dispatch of their Actions , without Longsome Processes of Law ; the Censurall Inquisition over the Magistrates , his Personall Audidnce of their Causes , and Frequent Going Abroad for that Effects ; the Exemplar Practize of his Personall Equitie , wherinto he did so much delight , that having once , by sound of Trūpet , made Offer of 25000 Crowns , to any who would bring to him Crocatas , a Captayne of certayne Voleurs in Spayne , who did greatlie molest that Countrey : whereof Crocatas being advertized , he came willinglie , & presented himselfe before the Emperour , demaunding Payment of the Crownes , which hee caused to bee given him , in Argeht Content , together with his Pardon , lest hee should bee thought to take his Lyfe , for the sake of the Money . These , Sir , made him to bee loved as a Father , and feared as a Prince , whilst hee lived , and adored as a God , after hee died . In ende of all , Sir , I will conclude with a most Humble Supplication to your Majestie , in Favours of vs , who bee your Subjects of Scotland ; where-vnto I am the more encowraged , because this Paraneticall Discourse , hath beene intended by mee , for no other vse , but to comfort them , to your M. Service and Obedience in everie thing : which I haue preassed to doe , by the pitthiest Perswasions , that I could bring from the best Wits of the best Wryters . Wee reade , Sir , of Alexander the Great , that when hee was readie to lift his Armie from Macedone , to goe into the Levant , his Master , Aristotle , did counsell him , to rule over the Greekes , as a Father , but over the Nations whom hee should happen to conquer , as a Lord , and Emperoar . Where-vnto hee answered , That not so , but that hee would bee over all People , who should bee his , in common as a Father , because it was his Purpose , to reduce the whole World , vnto the Vnitie of one Citie , as Plutarch doeth report his Speach , Vnaut sit vita , perinde ut mundus unus , veluti unius Armenti , compascuo in agro , compascentis . Sir , we are not onlie no new Conquest of your Ms , but we are your First & most Natiue Subjects . There is no thing which is Vnnaturall or Extravagant in Nature , that doth long endure ; & therfore , amongst States & Kingdomes , that which is most Ancient , must be most Naturall : that is the Reason , why we are your Ms most Naturall People . Here are to be seene vpon the Ports of your Ms Towns , & vpon the Frontespieces of your Pallaces , that Scepter & Crowne , where-of your Blessed Father said , Nobis haec invicta miserunt centum sex Proavi . The like to which , no King that we know vnder Heaven , may brag of . Here standeth that Noble Order of the Thistle , whose Honour hath hitherto remained Vnviolable , and Vnstained with Disgrace , witnessed by that Cowragious Superscription , Nemo me impune lacess●i . Here standeth that Generous red Lyon , whō the Mightie & Bellicose Romans were never sufficient to daunt . Here were founded the Sober Beginninges of that Crowne , which hath by Progresse of so many Ages , risen into this Height of a Monarchicall Diademe . Here is the Ground , wherin was sown that small Seed , that hath shot vp to this Strong & Staselie Tree , whose Boughes doe over-shadowthis whole Yle ; whose Branches extend themselues beyond Seas , & whervnto Forraigne Nations haue Recourse , in time of Tempests , to be refreshed vnder the Vmbrage therof . Here , Sir , is the Ground , which your Majestie should haue in a Sacred Account , that doeth conserue the Royall-Bodies of so many of your Predecessours , and keepeth about them , the Ashes of so manie thousands of Noble Gentle-men , as haue frō the beginning of your M. Race , so valourouslie laid down their Lyues , in fierce Battels , & presence of their Kings , for Propagation of the same . And here , Sir , is your Mother Ground , which gaue to your M. the first Light , and did nowrish your tender Infancie . The Fowls of the Aire , & Fishes of the Seas , by a Naturall Instinct , do affect the Places wherin they were hatched ; so farre , that some of them wil come frō the most Longinque Regions , to make yearlie Visits of their Natiue Soyle . Therefore , Sir , although we be most remote from the Seat of your M. Court , yet let it please your M. that we enjoy our Priviledges , to be your M. most naturall Subjects , and to haue your M. our King , not by Conquest , but by Nature , Remember , Sir , how wel it was sayde , by him who spake so , that The Kingdome was happie , where the Subjects did obey the Law of the Prince , and the Prince obey the Law of Nature . If your M. will looke vpon the Historie of your Predecessors , ye will find , that it is Naturall to vs , most of anie Nation , to sacrifice our Lyues & Goods , for the Preservation of our Prince and Countrie , when there is Necessitie to doe so . Consider , Sir , a little , our Decayes , since the Transportation of the Royall Court , to London : partlie by Introduction of Prodigalitie , and Forraigne Manners , vvhich commonlie doeth accompanie the Dilation of Empyre : partlie by too much reparing of our Countrey-men , of best sorte , there , and spending of Moneyes in England , vvhich were wont to entertain our Merchand Traffick at Home , ( now , by that Means , so farre decayed ) & partlie by the great Malheure of these last bad and vnfruitfull Years . And when your M. hath pondered these , then doe lay vpon vs , Sir , such Burdens as your M. findeth vs able to beare : And that your M. be pleased , not to discover our Nakednesse too much , nor make vs to answere , as the Adrians did to Themistocles , when hee came to charge them with an Impost , farre aboue that which they were able to perform , he told them , that he had brought two Puissant Gods , to assist him in that Businesse , to wit , Loue and Force . They answered , that they were to oppose him , by two more puissant , Povertie , and Impossibilitie . I confesse indeede , that your M. hath to doe with great summes of Money , and must haue it : but yet , Sir , doe not suffer that to derogate a jot to your M. Royall Bountie & Magnanimitie . And here I cannot forbeare , to bring before your M. that Glorious , and Superlatiue Prayse , given by Plutarch , to Alexander the Great ; who altho in his Youthhead , immediately after his Father's death , he did perceiue the Towns of Greece , conquered by him , inclyning to Rebellion , Vniversa Grecia-post Philippica demum bella veluti ab animi deliquio palpit abunda subsaltabat , ad haec exhaustis Philippi Thesauris foenusetiam accesserat ducentorum talentorum , in tanta ille rerum inopia , tam turbulentis temporibus Adolescens , vixdum adeo puerili aetate exacta , Babylonem ausus est Susaque illa sperare , Babylonem Susaque dico , immo vero gentium omnium imperium spondere ipse sibitriginta peditum millium quatuor equitum numero fretus . Although , SIR , that Your Majestie doe not at once , and together , compasse all Your Desires , that is to teach Your Majestie , that great thinges are not performed , but with great Patience , and great length of Tyme : vvherein , Sir , yee are to imitate the Working of that GREAT GOD into Nature : vvhereof , albeit Hee bringeth foorth no Creature , but slowlie , and insensiblie , yet Hee dryveth them on , vnto their Perfection . The ●ll , and robust Oake of the Forrest , springeth from a verie small Graine , and yet it groweth vnperceivablie with tyme , to that Strongnesse , that greatest Tempestes cannot over-throwe it : Even so , If Your Majestie can conjoyne this Patience vvith Tyme , there is no doubt , but yee may make of vs what your Majestie will. Doe consider , SIR , that it is the fayre Aurora , vvhich giveth vs hope of the vvhole Dayes Serenitie ; and that the Orient of the Pleasant Morning , is farre more sweete and delectable in our Eyes , than even the verie Meridian of the brightest Dayes . And , as the persons of Men are more amiable to bee looked vpon , in their Youthhead , than anie tyme there-after , though they were never so comelie : Even so , vvhen the first Actions of Youth , are Douce and Temperate , they doe purchase more tender Loue & Admiration , than their Greatest Things can do therafter : and on them wee doe found the Prognostickes of Happie and Vertuous Progresses : So if your M. doe gentlie leade vs , to our first Yokes of your Obedience , it will make vs to remoue our Fears & Doubts , and to fill our Hearts with Ioyfulnesse , & Expectation of your M. Goodnesse . Your M. is already most Famous over all , for the Opinion that the World hath conceived of the Equitie and Iustice of your Mynd . And therefore , Sir , let your Maiestie's Royall Cares be extended , to repare the Decadence of our Countrey : deliver vs from longsome Lawes , and from Prodigality of Manners : stop the Resort to your Maiestie's Court , of such as doe nought , but molest your Maiestie , and spoyle their private Estates : Erect amongst vs such Publicke Industries , and Libertie of Sea Trafficke , as doe enritch our Neighbour Countreyes . Philip de Valoys of France , was not ashamed , to settle in his owne Person , a Monopolie of the Salt , which doeth import to his Coffers the Annuitie of great Moneyes . If your Majestie would erect the Trade of Fishing in your Northerne Seas , so questuous to Strangers , and so greatly to our Ignominie and Losse ; And if your Maiestie would bring vs vnder Militarie Discipline , provyde for store of Armes , Munition , and Shipping , employ numbers of People , to fortifie your Coasts : These , Sir , are the true Meanes , to make of vs a Mightie Nation , and formidable to our Enemies . The Strength of a Countrey doeth mayntayne Vertue within it , and maketh it Traffickable without . Vertue and Trafficke doe breede Ritches : and these two the sure Groundes of Yearlie Increase to you● Maiestie's Finances : and all three together shall make your Maiestie able for the Prosecution of the great Actions , which GOD hath appointed you for . THAT GOD , vvho sayd vnto Ioshua . Bee thou strong , and cowragious ; neyther doe feare thyne Enemies , who shall not stand before thee , because I will be with thee , and shall not fayle thee , as I was with Moses : THAT GOD , Who was with your Blessed Father , in the building of the Temple , bee still with your Maiestie , to grant you Victorie over all your Enemies : that having established the Peace and Tranquillitie of your Kingdomes , your Maiestie may haue Leasure and Delight , to attende those Cares vvhich are necessarie for this COMMON-WEALTH : A MEN. FINIS . AN HEROICKE SONG , In Prayses of the Light , most fitting for the Nightes Meditation . BY THE SAME AVTHOR . NOw downe is gone the statelie Globe of Light , Which Thou , great GOD , create●st for the Day : And wee are wrapt into the Glowds of Night , When Sprites of Darknesse come abroad , to prey . Our Bodie 's from its Functions releast , Our Senses are surpryzed vnto Sleepe : To guard our Soules , Lord Iesus Christ , make haste , Desarted thus , into a fearfull Deepe . Keepe Light into the Lanterne of our Mynde , For to direct our Watching Sprite aright : That though our Foes were all in one combynde , They may not yet attrap vs by their Slight . Light was the First-borne Daughter of the LORD , Who with her Beams did buske and beautifie That Vaste Chaos , before of GOD abhord , And made her Members lonelie , as wee see . Yet is this Light nought but a Shallow Streame , Of that Aboue , in Glorie Infinite : And so hut of HIS Shadow hath the Name , Who did into that Narrow Globe confyne it . The Bodie of the Sunne if wee compare , Vnto the Spheare , that rolleth Him about ; That shall His Smallnesse vnto vs declare , Beside that Light which Rounds the Heaven without . The Ambient Circle of the Divine Fyre , Th' Eternall Dwelling of the DEITIE ; Which to Descrybe , is none that dare aspyre , Who hath not tasted Immortalitie : For if the Sphears were of Transparent Kynde , Then suddenlie that Glorie should Confound Those Caducke Thinges within the Poles confynde , And all this Frame , that Nature hath Compound . The prowdest Sprites durst never yet presume , To thinke where-of these Orbs contryved bee : It is aboue the Low Flight of our Plume , Alwayes they close that Glorie from our Eye . That Infinite Circumference of Light , For Centre , hath this Vniverse of Thinges : There GOD is seene by single Angelicke Sight , And heere this Ball , but as a Mirrour hings : Where-in but Showes of Reall Things wee see , And Vmbers , which are from that Light let fall : Where they doe liue , vnto Eternitie ; Heere are no True Things , nor True Light at all . As Princelie Portracts close in Cabines plac'd , Where Phoebus findes no Hole to enter at : By Torch or Candles are set out and grac'd , This clozed House of Nature's lyke to that . With-in her Walles are manie Pictures bright , Yet may no Eyes of Mortall Man sustaine , To view them through the Beames of Divine Light As by a Torch , they by the Sunne are seene . Not as a Torch , but as a sillie - Sparke , Confer'd with Light of Infinite Extension ; To shadow which , whole Nature is too darke , To thinke of which , doeth spoyle th' Apprehension . Things vnto hourlie Changes made subject , And daylie Death doe not truelie subsist : So that our Bodies fatall to defect But for a space , as Vmbers doe exist . Light , Lyfe , and Trueth , these three things are but one , Whose Tyme and Place , and Power doe exceede , The Search of Thought , and Number , two alone , Esteem'd to match Infinitie indeede . O Sacred Light ! whose subtill Rayes doe pier●e The Center , as the Sunnie Beames doe show : Which Grace the Golde , and Gemmes , that are so scarce , Of the ( pure Light ) vncleane Sprites stand in awe . Light that appear'd to Moses in the Field , And on his Front , the Hornes of Splendor planted : Vnto that Light , let all things Honour yeelde , The Power of Darknesse by the same is daunted . The Orient Sunne of our Salvation , Who from the Fountaine of this Light came out , Approach vnto this Habitation , With saving Light to compasse me about . Who of that Light , so pompous Pauelons made , For those Prophets , into Mount Tabors Glore : Now whilst my Sense lyes in my Body dead , Grant that my Sprite may to that Mountaine so are . That Light that shyn'd into Sainct Peter's Prison , O Sacred Flame ! vouchsafe t' illuminate , This darke House , with some Sparkes of Divine Reason , Where-in my Soule so long is carcerate . The Light that did th' Apostle Paul convert , And Persecuter in a Preacher turne , If it but once doe glaunce vpon nine Heart , No Darknesse then shall make mee for to mourne . That Light it did it selfe to Steven reveale , Amidst the Tortures of his Martyredome ; Transporting him , that hee no Paines did feele , And from the Earth , shew CHRIST in His Kingdome . That to the Prophet's Servant did point out , The fyrie Charrets , and Forces of the LORD , When hee was sore confused , and in doubt , And feare of Death almost had him devourd . That Light where-by the Divyne Angell , Iohn , Was wrapt , and to the Holie Citie brought : So farre aboue the Flight of Phaëton , Of all those sacred Lights what shall bee thought ? And of that Majestie of Light displayde , Betwixt the Cherubs , there to bee ador'd : Haue they not of the Godhead this bewrayde , That with the Light it 's cloathed and decor'd ? That Light is GOD , and GOD alone is Light ; His Creatures , a Reflexe of His Beames : This World , a Mirrour , or a Table tight , Where Light 's but shadow'd vnder diverse Names . Vpon that Light , great Moses durst not looke : The Sight of GOD no sinfull Eye may byde ; Th' Eternall Flames , no Mortall thing may brooke , Therefore the Hand of GOD his Face did hyde . Into the Bosome of that Light was hatcht , The Trueth and Substance of all thinges that bee : Till perfectlie , th' Ideas were dispatcht , Of Creatures , whose Shadowes wee but see . There , in that Light th' Exemplars still exist , But heere the Image quicklie doeth decay : Of sillie Points of Tyme wee doe consist , But what is There , it doeth endure for aye . The Veritie is firme , and permanent , And Falsehoods are subject to Nullitie : Whylst Shadowes bee but Cases remeante , Therefore they perish daylie , as wee see . As Vmbers are , and then they disappeare , So Persons are , and then they turne in Dust : That if wee will this Mysterie Disquire , Our Parallele shall bee with Shadowes just . Yet when a Man is dead , w●e doe retaine , His Shape and Feature , sealed in our Mynde : And everie thing that in him wee haue seene , As if those were not vnto Death confin'd . If our weake Sight , thus paint our Memorie , The Light of that Eternall Intellect , Can it not keepe vnto Eternitie , Those Ideas which HEE did HIM-SELFE perfect ? Or if wee holde Ideas to bee vaine , Wee must deny Things Intellectuall ; And vnto Shadowes take our selues againe , Scorning that Light , which is Angelicall . Light , as it is a thing Incorporall , Our Sight also , that doeth the same beholde , And al 's , the Objectes are Spirituall , As wee may prooue , by Reasons manifolde . Else , could the Shape of all this Hemispheare , Enter the narrow Port of Humane Eyes ? And leaue his Portract full imprinted there ? Hence followes then , that Men but Spirites sees ; Or things abstract , and Mathematicall , As Numbers , Figures , and Dimensions ; And Colours , which vnder the Light doe fall , Although they haue most ample their Extensions . For surelie Man is nothing but a Sprite , His fluide Bodie , a Vapour of the Grasse ; Or Picture , that 's presented in the Streete , With Sprites , wee finde , his Senses doe converse . The Sprite of Light , is object to the Eye , The Trueth of Light , doeth enter by the Eare , T' informe the Soule , these two ordained bee , Wee haue , wee heare , wee see Light , and no more . The Eye , it is the Globe of all our Glore , The Port whereat the Soule goeth in and out ; By it wee see HIS Works , VVhom wee adore , And get knowledge of Things disperst about . The Eare , the Subtile Nerue , that doeth admit His Word , to bee the Lanterne of our Lyfe : Our Hopes of Heaven , and Fayth come in by it , To serue the Bodie , other Senses stryue . Our Gust , wee know , and Smelling , are but grosse ; They smell no Light , nor taste of Veritie : Compar'd with those , their Function's in Drosse , And most part doe suggest to Luxurie . As for the Thinges subjected to our Touch , They 're pieces of the Olde Deformed Masse : Their Light once spent , returning to bee such , Into that Chaos daylie they doe passe . And finallie , when Tyme shall take an Ende , And when the World Her Glasses haue run out : When Ayre no longer shall it selfe extende , Nor shall the Seas embrace the Earth about : Nor yet the Spheares distinguish Day from Night , When Fyre shall fill the Vniversall Globe : The Efficacie , Almightie of this Light , Shall force Great Nature for to change Her Robe . Her Mortall partes , those Flames shall purifie , No Bodies , but Transparent , shall subsist : Renewed Heavens , lyke Glassie Golde shall bee , And all Grosse Earth from Beeing shall desist . That Mightie Flame , shall eare the Ocean ; The Earth to her Virginitie shall bring : The Ayre from Vapours shall bee cleansed then : In summe , It shall make Light of everie thing . The Saincts of GOD shall wasted bee with Light , And Ponderous Bodies they shall feele no more : Their Walkes shall swifter bee than anie Flight , For with their LORD they shall bee chang'd in Glore . Looke-what is then Incompatible with Light , ( As Excrementes into a Sinke let fall ) It will the way vnto the Center right , A Den of Darknesse , without Light at all . Before that Change , no true Light can bee heere , And then no more of Changes shall wee see : The Light in everie Corner shall appeare , No place for Shadowes thence-foorth shall there bee . GOD shall triumph , at that Great Iubilie Of Nature , in her full Perfection : Where Hee His Works shall whollie Glorifie , And Darknesse throw into Confusion . Since true Light , and true Things are so remote , And clozed inaccessiblie with GOD , Take heede ( my Soule ) no Paintrie thee besot , Which thou beholdest , on this Worldlie Brod. But contrarie , delight thee in the Night , There are no Pictures , to distract thee then : Flie to the Citie of the Divyne Light , That is aboue the Sight of Mortall Men. Expatiate into the Sacred Fieldes , Of the expanded faire Infinitie : Which Millions moe , than Earthlie Beautie yeeldes , The Pallace of the Blessed Trinitie . Though narrow be our Myndes to comprehend One Point of GOD , where each is Infinite ; Yet to that Search , our Spirites may ascend , By Visions , which are to our Weaknesse fit . There thou shalt see , how GOD Hee is a Light , With-in the which all Things subsisting bee : Whole Nature's Birth , thou shalt see at one Sight , The Pleasant Object of the DEITIE . Hee much delighteth in that Architype , The Glasse , where-in Hee on His Goodnesse 〈◊〉 : The Boxe that d●eth the Seedes of Nature keepe , And all His Workes recorded , as in Bookes . As Cunning Paynters gaze vpon that Face , Which they pretende by Portract to present ; And Iakob's Sheepe lookt in that Watrie Glasse , That Hee did for their Fruitfulnesse invent : So doeth the Sprite of Nature thinges beget , By looking in that Architype of All : And there-from doeth these Images canceit , That wee see set and spred through Natures Hall. And there thou shalt comparatiuelie thinke , Our Clearest Dayes , to bee no thing but Night : And that of Heaven , this World is the Sinke , Repleat with Sorrow , Sinfull Care , and Plight . Or lyke a Caue , polluted with the Smoake , Of Chymicke Forges , and Deadlie Mercurie : Where Worke-men as Anatomies doe looke , Who haue consum'd Themselues in Sophistrie . O that thou mightst not Heere agayne returne , But still shouldst liue into that Lights Fruition ! For on this Earth thou canst doe nought but Mourne , Where Toyles , Teares , and Fears , must bee thy Portion . There thou shalt see CHRIST setled in HIS Throne , As Golden Phoebus , in His Silver Sphaero , Amongst nyne Chores of Angels , LORD alone ; Lyke Planets plac'd about HIS Royall Chayre . Where Troups of Saincts , lyke Starres doe moue astray , As Skalie Squadrons sporte into the Deepe : So in that Lightsome Ocean they play , And still an Heavenlie Harmonie doe keepe , Of Musicke , that can never bee exprest : Yet by a Sensible Similitude , Wee may imagine , that it is addrest , By foure Chiefe Partes of Men , so vnderstood . And th●● by severall Alternatiues , A Mutuall and Mightie Melodie , One Theatre t'another aye deryues , Sounding the Glore of that GREAT MAIESTIE . The Alto Angels sing , as I suppose , Of stablisht Ranke , the Foremost Stage They fill : To Celebrate HIS Providence , They choose , And Divine Names , belonging there-vntill . The Tenor by the Voyce of Saincts , resounds The Prayses , of HIS Sanctitie they sing : And this Echo from Stage to Stage rebounds , HOLIE , HOLIE , Is Our Almightie KING . The Basse is tun'd by Harmon of the Sphaeres , The Sweet Consent , that wee see them among , The True Characters of HIS Wisdome beares , And Learned holde them vocall in their Song . The Hallelu of the Church Militant , Mounts vp , to make the Counter-basse perfyte : With Loftie Straynes of Musicke resonant , HIS Goodnesse , and HIS Mercie , they endyte . The Subtill Alchymist can separate The Quintessence , and make it to ascende : So●are the Church Prayers Alembicate , By that Great SPRITE , who doth Her still defende . My Soule , bee ravisht with these Visions , And They shall make thy Nights more Splendescent , By True Light , and not by Illusions , Than are Estivall Dayes most Relucent . High ESSENCE of the Inaccessible Light , Whose Sacred WORD the Darknesse did command : To cloathe Her selfe into this Beautie bright , So dayntilie Portrayde by Natures Band. Say , LORD , vnto the Dungeon of myne Heart , Let there bee Light , and strayght it shall bee so : Blynde Ignorance and Pryde shall then depart , And in the Light securelie shall I goe . Possesse ( Sweet Light ) the Temple of my Breast , Thy Lampes may feede of Multiplyed Oyle , Which ( since , my GOD , Thou hast made mee a Priest ) Still on the Altar of myne Heart may boyle . Those Starrie Vaults , that Round our Night about , As Curtayns full of Flaming Eyes , where-by Thyne Holie Angels constantlie looke out , And all our Dangers surelie doe espy . Grant mee , O LORD , to trust to Thy Reliefe , That whylst the Organes of my Soule doe sleepe , It may bee fred from the N●ctur●all Thiefe , That no Vncleannesse in my Bosome creepe . Enioye , my Soule , the Beautie of True Light , Count not of Paynted Shadowes that are heere : Those are the Clowds that keepe thee from that Sight , Which vanish then , when wee holde Them most Deare . So when thy Stage is finallie concluded , As Floods returne vnto their Ocean , Thou of this Bodie fullilie denuded , Shalt bee reduced to thy Light agayne . Though for a Wish , possesse a World thou might , Yet to the Ende doe wish nothing but LIGHT . FINIS . Index of the chiefe Things contained in this Treatise . THE Preamble , meerelit Metaphysicall pag. 1. 2. The death of the late King of blessed memorie 3. The occasion and order of the Treatise . 4. The Pope and King of Spaine , troublers of Christian States 5. The Ambition of the ancient Kings of Spaine and Portugall , vertuous , and heroicke : with particular narration of the most nominate and famous amongst them 6. Charles the fift , Emperour , the first projecter and founder of the Spanish Ambition ov●● Europe 10. Contrapoyse & jealousie of Christian Princes , war●anded by Nature 12. The Spanish Inquisition , and practises of Philip● the second , against neighbour States 14. Hee did negotiate intelligence with the Protestants of France , being of head of their enemies , the holie league 16. The Voyage of the English Navie vnder Queen Elizabeth to Portugall , in favours of Dan Antonio 17. Antonio Peres doeth wrong the English , in his narration of that Voyage ibid. Strict limitation of Generals in Warre 19. The greatnesse and swift progresse of the Spanish Empire ibid. The large extent of the Spanish Ambition 21. The insidiation of Spaine , by claudestine , and fearfull arts of murthering 22. Patricidie practisedin Spaine , as amongst the Turkes ; by a religious tradition 25. The stabilitie of the Spanish Counsell never intercepted , by the death of a King , doth assure the stabilitie of their Empyre 26. What weaknesse in the Spanish Empyre , by reason of dis-joyned Provinces 27 Dis-vnited conquestes vnprofitable , and examples there-of . ibid. Traffickable Countreyes , and Ve●tuous people , the onelie true treasure of Princes . The evils resulting of the being of great Treasures , in the hands of Princes 28. Kinges haue manie necessarie occasions of profitable debursments , nor knowne , nor to bee enquired , of Subjects 31. It is a Weaknesse of the Spanish Empyre , to bee feared of all , and hated of the greatest part 32. The Pope and Catholicke States of Germanie , against Charles the fift 33. Cardinall Baronio , against Philip the second ibidem . Why the Nobilitie of Spaine doe hate their King 34. A Weaknesse supposed in Spayne , for want of Armes , and why it is so . 36. Their naturall Pryde , a Weaknesse ibid. Description of the Spanish nature 37. Spayne to bee opposed by making Warre with-in their owne Dominions 38. Plantation of Nova Scotia 39. When a Kingdome is perfect , and naturallie compacted in it selfe , then to bee slow to Warres 41. The definition of a just Warre , and our Warres against Spayne , proved to bee just 42. Emulation of the Romanes , and Carthagenians , for vniversall Empyre . 43. Agesilaus being but a poore King , did invade the Persian Empyre ibidem . First confederacie of the Scots with the French sought by Charles Mayne . 44. How the Spaniard is proved to bee our enemie ibid. How Scotland is furnished of Men for Warre 46. Nature of leagues , with examples auncient and moderne 47. Confederates against Spayne 48. Whether small or grosse Armies to bee sent to Enemie-Countreyes , shewed by contemplation of the Turkish Warres 49. The Palati●●te the most honourable seat for Warres against Spayne . 51. King Alexander , Hannibell , and Iulius Caesar , did leade their Armies to more remote Countreyes ibid. Going of His Majestie in person to Spaine 52. The English auncientlie victorious in Spai●e 53. The VVest Indees in the possession of a great Monarch , proved to bee an infallible meanes of vniversall Empyre , by length of tyme 55. Money the Nerue of Warre , and greatest Monarches , and States , much distressed for want thereof 56. The hudge Moneyes gotten by Charles the fift , in Peru 57. The naturall humours of the French Nation ibid. Speculation of Neighbour Calamities , during our Peace , in this Age going , and of our Predecessours troubles many Ages by-gone 58. More of Money , and of Men , in Scotland now , than in the dayes of our Antecessours , and the proofe thereof . 61. A wicked People , doe make a wicked King 63. A Bridge of Golde to bee made , for Enemies to passe out vpon ibid. Great Ransome payed by our Predecessors , for King David Bruce 64. The Palatinate , detained to make a Way , for the conquest of Germanie , and England 65. A remarkable Conference of Coronell Semple with the Author of this Treatise ibid. Iohn Knoxe against the Regiment of Women 67 , The going of His Majesties Navie , to Portugall , and what a great point is Secrecie in great Enterpryses , and the Examples thereof ibid. The Reformation , or Innovation of Magistrates , and the Commodities , or Inconvenients following thereon . 68. Plato holdeth , That after the current of that great Yeare , GOD shall reforme the whole worke of Nature , and reduce it to the first puritie ibid. Vtilitie of the Censor amongst the Romanes 70. Commission for Grievances ibid. Great Men not to beare Offices where they dwell 76. Two of one Familie , not to bee of one Session of Iudges 77. Reformation of Advocates , most necessarie of anie thing , with the Examples of Kings , and States , Enemies to the Trade of Advocation . 78. Lewis the eleventh of France , did revo●ke and annull Heritable Shyre●●ships 81. Abuses of late erected Lordships of Church Land●s , necessarie to bee reformed 82. If the Domaine of Regall Crownes , or of Republickes bee allienable 83. Noble Men , are the Shadowes , and Reflects of Kings 84. Why the Lyues of Kinges are so precious 85. The last Convention of the Estates of Scotland , and His Majesties Revocation 86. The first Donation of the Crown Lands , and division of them in Baronies ibid. Ritches did spoyle the Pietie of the Church 89. Before the separation of the Church of Rome , made by Luther , the hundreth part of Christian People , did possesse more than the tenth part of the Revenewes 90. The number of Ecclesiasticall Prelasies , Benefices , Churches , Curies of France ibid. The nature of . Tenthes 91. The first Dedication of Tenthes in Scotland 94. Puritanes , foolishlie opposed to the Pope's Church , in good things 96. Mysterie of Number . 98. The Vnitie doeth represent GOD 99. The Number . 7 , is proper to the Creation , Induration , and finall Glorification of the World 100. The Novenarie doeth comprehende the whole Species of Nature , Man excepted 101. Ten , is the Quotient , or fulnesse of Nature 102. Man was the first Tenth . ibid. CHRIST was the second , and perfect Tenth 103 Two sort of Puritanes , opponents to Episcopall Rents , and Governament , discordant amongst themselues 106. Persecution of Iulian , worse than of Dio●l●sian 107. Plantation of our Northerne Yles , and Hielards , a most Royall , and most necessarie Policie . 108. Battell of Hare-law . 109. Abuses , and Oppressions by way of Tenthes to bee reformed 110. Discourse , of the Nature and Course of Moneyes 112. What Benefite , or Inconvenient , vpon the heighting of Money 113. What Order to bee taken with Moneys , kept vp in the Hands of Merchands 117. Decay of our Shipping , how to bee restored 118. Prodigall Persons , ancientlie interdicted , and punished by Lawes 119. Against the vse of Silver Plate , and guilding 120. Ferdinandus Magn●s of Spayne , Charles the ninth of France , and manie great Princes , did sell their Silver Plate , or reduce it in Coyne 121. Prescription , for Dyet , and Apparell , practised by great States , in time of publicke Distresses 122. Speach to the King's Majestie 123. Wisdome of Augustus , in making away of his Enemies 124. Who are Enemies to His Majesties Person , or to his Governament ibid. Vigilance , necessarie over the admission of Bishops , and Ministers , in the Church 126. Honour done by Augustus , to the Romane Senate ibid. Condition of Senaters , chosen by Augustus 127. Great Affection of King Darius , to an olde faythfull Counseller 128. Mechanicke Vertues , and Diligence of Augustus 129. Watchfulnesse of the Parsian Monarches , over their Finances ibid. Supplication , in Favours of the Subjects of Scotland 132. The admirable Magnanimitie of Alexander the Great , whilst he wanted Moneys 133. Finis Tabulae . Notes, typically marginal, from the original text Notes for div A02833-e4130 Death of our late Soveraigne . His late Majesties death , followed with great feares of his Subjects . Causes of our feares , what these be . The King of Spay●e , and the Pope , troublers of Christian Princes . Ambition of Spaine different from that of the Romanes . Different from that of their Predecessours . The origine and Antiquitie of the present house of Spayne . Notable punishment of Lust , in Princes . Pelagius . Pelagius honoured of the World. Ferdinandus Magnus . Ferdinando Santo . Charles the fift , Emperour . Contrapoyse of Christian 〈◊〉 , warranded in Na●ure . Hieron . King of Syras . Philip the second , King of Spaine , his first action , his Marriage in England . Spanish Inquisition , his second action . His third action , the betraying of the King of Portugall his Cosin . His fourth action , was to plot the holie Le●gue in France , against Don Antonio . Philip did also practise the Protestants of France . Elizabeth , Queene of England . The Voyage of the English Navie , to Portugall , vnder Queene Elizabeth . Antonio Pe●es , wrongeth the English , in in his relation of that Voyage . Too strict limitation of Generals in VVarre , hurtfull . The Patience and Wisdome of Fabius Maximus . The first thing to bee observed of the former Discourse . The first , the greatnesse of the Spanish Empyre . The Importance , and Worth of Portugall . The second to be marked of the former Discourse , is , the extent of the Spanish Ambition . The Spanish Vs●●pation over the Consistorie of Rome . ● 3. Observation vpon the former Discourse , is , the Insidiation of the Spanish Ambition . N●melie , Antonio 〈◊〉 . Parricid●e practised in Spaine , as in Turk●e , by a religous Trad●tion . Christian Princes , to be a●ware of Spanish Treacheries . 〈…〉 . Parricidie practised in Sp●tne , as in Turkie , by a religous Tradition . Christian Princes , to be a●ware of Spanish Treacheries . A tryall of what VVeaknesse is into this great Empyre . The State and Counsell of Spay● , not interrupted , or altered , by the death of a King. Fortitude of Empyre , standeth in 〈◊〉 of 〈◊〉 . Examples of dis-vnited Conquests . The Spanish Provinces , disjoin●ed members . The Spanyard draweth nought from his Provinces . The commodities of his Pro●nees . What is the greatest Treasure of a Prince . Inconvenientes following vpon the being of Treasures in the hands of Princes . Treasures collected by great Kinges , most often vnhappilie spended . Publicke Charitie of Augustus . Princes haue manie occasions , not knowne to Subjectes , of necessa●ie debursments . Oblations of Money ancientlie made to Princes . First Impost of the Salt in France , a gratuitie temporall , but turned to be annuall . Another VVeaknesse of Spaine , to bee feared of all . Cardinall 〈◊〉 , against 〈◊〉 the second of Spaine . The Portugals doe hate the Castilians . The origine of the Portugals , and 〈◊〉 . The whole 〈◊〉 of Spaine , doe hate their Prince his greatnesse , & why they doe so . It is not so easie for our Noble men to rebell now , as before our Conjunction with England A cleare Testimonie there-of . A 〈◊〉 supposed in Spaine , for 〈◊〉 of Armes , and how it is so . Their naturall Pryde , a great VVeaknesse . Vi●e Description of the Spanish H●mour . The Spanish Punctualitie approacheth to Nullitie . De●cription of Punctualiti● . A quicke observation , for Punctualitie . The Navar●oies doe hate the Spanyard . And the French too . The Pryde of Spayne , to bee opposed by Vvarre . Colon●es . Plantatio● of Nova Scotia . Incommodities , and Evils following on VVarr● . When a Kingdome is i●perfection , then bee aware of Warres . Great B●itane alreadie a perfect Monarchie . Wisdome , and Moderation of Scipio 〈◊〉 . Forraigne 〈◊〉 f●uitlesse for our Princes . The definition of a just Warre . Our Warre against Spaine just , in three maine respectes . Livius dec . 3. lib. 8. Ag●silaus , ● poore King went against the Persian Empyre . 〈…〉 How the Spanyard is proved to bee our Enemie . How Scotland is furnished of Men for Warre . Neglect of militarie Discipline . Thenature of Leagues and Consederacies . Confe● for the Battell of Lapanto . Confed . of the Romanes and 〈◊〉 . Confed . betwixt Car●es the eight of France , & the Duke of Milan . Confederacie against Lewis the eleventh of France . Leagues , or Confederacies of Salt. Deliberation for War , the weightiest matter belonging to a King. Confederates against Spayne . Whether small , or grosse Armies to bee sent to Enemie Countreyes . The longsome Warres of Amurat the third , improfitable . ● prudent Prince will not manage Warres within , but without his Countreyes . Palatinate , the most honourable place of this VVarre . VVest Flanders , a proper Seat for Wars against Spayne . Going of the Navie latelie to Portugall . Cou●sels not to bee pondered by the events . The going of our King in person to Spayne . The English auncientlie most victorious in Spaine . Scanderbeg , VVilliam VVallace . Henrie , Earle of Richmond , against Richard the third , with 2000 French. Portugall and Navarre , the first revolters from Spaine . The VVest Indees in the possession of a great Monarch , aninfallible meanes to vniversalitie of Empyre , & the proofe there of . Money the Nerue of VVarre , and the proofe there-of . Greatest States and Monarches , straited for w●nt of Money . The hudge Moneyes gotten by Charles the fift , into Peru. The naturall humour , and manners , of the French Nation . A 〈◊〉 of the Re●sor● which should encowrage vs agaynst the spa●y●rd . Co ●emplat●on of our 〈…〉 , during our P●ace , this 〈◊〉 by●gone . Calamitie of the Citie of Paris , and of whole France . Contem●lation of the Troubles of our Predecessors . Maximus , the Romane Generall , against the Scottish King , Euge●●● . Encowragement , from great Reasons . It is proved , that there is more by a great deale of Money and Men now , than our Predecessours had . It is showne that the broken Estates of particular me● , doeth not argue the povertie of a Countrey . The d●ngerous consequence of ingratitude in People . A wicked People , doe make a wicked King. A Bridge of Golde to bee made , for Enemies to passe out on . Iust and true Encowragements , from solide Causes . Captivitie of King Iohn of France , and of Francis the first . Great Ransome payed by our Antecessours , for King David Bruce , if the Author was not a little mistaken . Philip de Cominit sayth , fiue hundreth thousand Crownes . The Causes why the Palatinate , is detained by the Spanyard . A remarkable Speach , of Coronell Semple , to the Author of this Treatise . The Quarrell of the Palatinate , most ●ib to vs , & why . Iohn Knoxe , against the Regiment of Women . Of our domesticke discontent , or Feares . The going of the Navie to the Seas , and our publicke Fast. Secrecie advanceth great Enterpryses . Secresie of Iulius Caesar , Charles the fift , 〈◊〉 the eleventh , and of the 〈◊〉 Councell . The Reformation , or Innovation of Magistrates . 〈…〉 . Senators are to bee of good Age , & Experience . Num● . 11. Inconvenients that follow the perpetuitie of Magistrates . Inconvenientes by the Innovation of Magistrates , and Counsellers . Vtilitie of the Censor amongst the Romanes . The Spanish Syndicator , in place of the Censor . Nature of the Comiss. for Grievances . A latter appellat . due to Soveraignitie . Two of one Familie , not to bee of one Session , of Iudges , approoved in France . ●efo●mation of the Barre , & Advo●ats , Low necessarie . Imposts m●●ent●e layde vpon Processes . 〈◊〉 Sainct , Enemie to Me●cena●ie Advotation . Emanuel● , King of Portugall , Enemie to Mercenarie Advocation . In what Christi●n Countr●yes , no Advocation . In Venice Advocates haue two Audiences , and no more . Multitude of Iudges , profitable . Heritable Magistrates . Bod. in Repub. Erected Church Lands . If the Patrimonie of the Crowne bee alienable . Domaine of Republickes not alienable . How Christian Princes doe accept their Crownes . Princes like vnto GOD , doe creat Men of nothing . The last Convention of the 〈◊〉 of Scotland . To be wished , that the Church-Lāds had ever remained with the Crowne . Ritches haue spoyled the Pietie of the Church . The Laici● did spend the Church-rents in , even in time of Pope●●ie . The stupiditie of Princes and People , not observing the Evils following vpon the Ritches of the Church . The number of the Ecclesiasticall Estates in 〈◊〉 How Princes doe remember these Evils . The nature of Tythes . Of Tenthes . The Arguments vsed against Evangelicall Tenthes . Why they ar● thought Ceremoniall . The Priests of Melchisedek . Tythes devoted by positiue Lawes . When Dedication in Scotland . The Benedi●●ne order frequent , and ●amous in Scotland . Calvin● , and Perkins , deny Tythes Evangelicall . Puritanes opposed to the Pops Church , even in good things . Tythes vnderstood by naturall Light of the Gentiles . Mystorie of the number ●0 . Created , or Instrumentall Wisdome . VVisd . Salom . 7. Eccles. 1. Esai 40. Ch. The nature of Number in generall . Nature of Angels . GOD is Vnitie , Veritie , and Bonitie . Definition of Vnitie . GOD is the Centre of all Things . GOD hath particular respects , for particular Numbers . Great vse of the Number . 7. Nature of the Dualitie . Nature of the Novenarie , or Number 9. Ten , is the Quotient , or fulnesse of Nature . Man , was the first Tythe . CHRIST was the second Tythe . Psal. 144. CHRIST began , and clozed th● Circle of Nature . A Speach of Robo● Mes. Hardas . worthie observation . The Opinion of Iunius , concerning Tythes . Two sorts of Puritane opponents , to Episcopall Governamēt , and Rentes , discordant amongst themselues . Persecution of Iulian , worse than of Dioclesian . Plantation of the North Yl●s of Scotland , of what Importance . Battell of Hare-Law . Abuses , and Oppressions , by way of Tythes . Discourse of the Nature , and Courie , of Moneyes . Gold cannot be employed , without a ●ixtion of ●ilver . Fraude of Gold-smiths , and of Coyners . What the heighting of Money doth impo●t . A great heighting of Moneyes amongst the Romanes , in their Punicke Warres . Soveraigne Vertues of the Golde . Elias Artista . Of Moneyes kept vp by Merchands . Decay of Ships , and the 〈◊〉 why . Meanes to restore Shipping , in Maritine Town● . Prodigall Perso●s interdy●●d by ●aw . No private Man is absolute Lord of his Lands , or Goods . Against the Prodigalitie of 〈◊〉 Plate , and guilding with Golde . Ritches of Scip. Asri● . Ferdinandus Magn. did sel his Silver Plate , and Iewels . Charles the ninth of France , did coyne his Silver Plate . Lib. 33. Prescription for Dyet , and Apparell . Hector Bo●●● , Lib. 12. Speach to the King's Majestie . Diligence of Augastus , against his Enemies . Who be Enemies to the present Governament of this Kingdome . Vigilance over the Admission of Bishops , and Ministers . Honour done by Augustus , to the Senators . The Modellie of ●●aries the fift of France . Lewis the eleventh of France , would not suffer his Son to learne the Latine Tongue . The Condi●●on of Senators chosen by Augustus . Great Affection of King Darius , to Zopyrus . Diligence Mechanicke of Augustus , to know the Revenewes , and Debursments ordinarie of the Empyre . Vigilance of the Persian Kings , over their Finances . Diligence of Augustus , to ease the People , immatters of Law Processes . Supplication , in Favou●s of the S. 〈◊〉 of Scotland . Plutare . de Fortuna aut virtute , Alexandri . The notable Magnanimitie of Alexander , whilst he wanted Money . GOD maketh althings in Nature , with Tyme and Patience . The Youth-head of every thing in Nature , most observed and looked to . The Monopole 〈◊〉 the Salt , in France . 
A28914	----	Manifest truth, or, An inversion of truths manifest containing a narration of the proceedings of the Scottish army, and a vindication of the Parliament and kingdome of England from the false and injurious aspersions cast on them by the author of the said manifest. Bowles, Edward, 1613-1662. This text is an enriched version of the TCP digital transcription A28914 of text R19508 in the English Short Title Catalog (Wing B3873). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 176 KB of XML-encoded text transcribed from 42 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A28914 Wing B3873 ESTC R19508 12258618 ocm 12258618 57679 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A28914) Transcribed from: (Early English Books Online ; image set 57679) Images scanned from microfilm: (Early English books, 1641-1700 ; 172:7) Manifest truth, or, An inversion of truths manifest containing a narration of the proceedings of the Scottish army, and a vindication of the Parliament and kingdome of England from the false and injurious aspersions cast on them by the author of the said manifest. Bowles, Edward, 1613-1662. [8], 74, [1] p. Printed by M.S. for Henry Overton ... and Giles Calvert ..., London : 1646. In reply to David Buchanan's "Truth its manifest, or, A short and true relation." Attributed to Edward Bowles. Cf. Halkett & Laing (2nd ed.). "Published by authoritie" Reproduction of original in Huntington Library. eng Buchanan, David, 1595?-1652? -- Truth its manifest, or, A short and true relation. Scotland. -- Army. Great Britain -- History -- Civil War, 1642-1649. A28914 R19508 (Wing B3873). civilwar no Manifest truths, or An inversion of truths manifest. Containing a narration of the proceedings of the Scottish army, and a vindication of th Bowles, Edward 1646 32396 11 0 0 0 0 0 3 B The rate of 3 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2003-07 TCP Assigned for keying and markup 2003-07 Apex CoVantage Keyed and coded from ProQuest page images 2003-09 John Latta Sampled and proofread 2003-09 John Latta Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion Manifest Truth , OR AN INVERSION OF Truths Manifest . Containing a NARRATION of the Proceedings of the Scottish Army , and a Vindication of the Parliament and Kingdome of England from the false and injurious aspersions cast on them by the Author of the said Manifest . PROV. 18. 17. He that is first in his own cause seemeth just , but his neighbour commeth and searcheth him . Published by Authoritie . LONDON Printed by M. S. for Henry Overton in Popes-head-Alley , and Giles Calvert , at the Spread Eagle at West end of Pauls , 1646. THE PREFACE . THough all possible care shall be taken , that this ensuing Discourse may need no Apology , yet the misconstruction it is lyable to in this quarrelsome age , may require a Preface ; in which I shall not , as the Author of Truths Manifest , goe about to quicken the appetite of my Reader , by a self-commendation , but ( if I regarded the praise of men ) should much rather choose to be commended by another , in the end of my worke , then by my selfe in the beginning . But out of a great , and just tendernesse of doing , or being thought to doe any thing , which might tend to any alienation betwixt these happily united Kingdomes , I thought fit to declare , as followeth . First , that a hearty union betwixt the two Kingdomes of England and Scotland , as it is most agreeable to Religion , and the solemne Covenant , so it is eminently requisite to their mutuall preservation , both from the illegall intrenchments of their owne King , and from the attempts of forreigne Princes or States ; for by such an inviolate conjunction ▪ they shall be kept from being instrumentall to each others ruine , which hath lately been designed upon both successively by their owne King , that he might become absolute Lord of them both , to the prejudice , if not ruine , of Religion and Liberty . As also , Strangers , especially the French , shall be prevented in their wonted designe , which hath been to raise , and foment differences betwixt these Kingdomes , and have been forward to assist Scotland against England , not for love to Scotland , but hatred or feare of England , which they have looked upon as a dangerous Neighbour . And let me adde further , that the continuation and confirmation of this Union , will not prove onely an Ornament to the Protestant Religion , but a great advantage to the propagating of it , and will also make us more capable of righting our selves , Confederates , and Allyes against any injuries or usurpations , that are or shall be offered . And I hope these apprehensions shall over-awe my pen , that it walke very circumspectly in the ensuing discourse . Secondly , give me leave to say , that this Union doth not necessarily inferre a confusion or mixture : but may as well , and it may be better stand , with a full reservation to each of their peculiar Lawes , Priviledges , Governments , and possessions . It is hard , if not impossible , to find two persons , that shall concurre to an universall compliance in their friendship , but are glad to find a correspondence in some things , and content to yield a mutuall forbearance in others . This is more difficult to be found in States , who have besides their diversities of Lawes and Government , more differences of generall and particular Interests , then private persōs are capable of . And though through Gods mercy , these two Kingdomes are more happy then other Confederates , who like bodies exactly sphericall touch but in a point , as they have occasion , by their Ambassadours , yet the nature of affaires , and men permits not they should meet , as two bodies exactly plaine in every point . For , though their Interests be the same , sc ▪ the conservation of their Liberties against Tyranny , and Religion the choycest fruite of their Liberty , against any thing destructive to it , yet the customes and constitutions of the Kingdoms , and the dispositions of the people may be so different ( besides other incident disadvantages ) that an universall close is rather to be desired then expected and something must be left to time , and more to him , who alone challenges the Prerogative of fashioning mens hearts alike . And it may be added , that such an union is not onely not possible , but not necessary ; for Conjunction , being but a meanes to some further end , is no further requisite , then it conduces to that end of mutuall preservation . There is indeed , beside the benefit , a native beauty in unity : but to be violent in pressing of it , is to scratch the face that it may be beautifull , and when accomplishd ( as it is thought ) it will be found rather to be a paint , then a naturall complexion : I shall onely take Liberty to adde further , that the pressing an exact uniformity in Church , or a union of mixture in State , ( the nature of persons and things not admitting it ) may hinder a union of conjunction in those things , which are possible and necessary : And I pray God , it be not the Designe of some under the pretence of union , in things presently impossible , to promote a difference in that which is necessary . Thirdly , as this discourse springs not from any principle of disaffection to the Scottish Nation , so I hope none will force any such conclusions from it , beyond my meaning , though without my guilt . For my part , I freely professe , that I think it may in its owne nature , as well as its intent , tend more to the preservation of union , then the occasioning of distraction . Upon this ground , we have patiently received and read two Manifests , to which the Questionist from St. Andrewes hath added something , not a little reflecting upon the Parliament , and Kingdome of England ; the first untouch'd produced a second , this second may bring forth , and in the close of it intimates a third , and possibly a worse , till under pretence of justification of our brethren , the charges against our selves may grow intolerable , and occasion greater inconveniences . Fourthly , I hope the distance of time intervening , betwixt the booke and the Answer , cannot afford an objection against it . First , I staid to see , if somebody that was more able , or more concerned , would undertake it . Secondly , it is a businesse of great tendernesse and importance , and occasioned many thoughts of heart , which did long delay it , but could not prevaile against it . For I am able truly to say , with the Author of Truths Manifest , that not so much the love and honour of my own Nation , which yet I hope shall be alwayes deare to me , as Covenant , and conscience , and consideration of the good of both Kingdomes , have put me upon this worke , and carried me through it , for it is found , that unequall complyances , especially with natures not so good , doe but make way for greater disadvantages , which cannot alwayes be borne . And though it be alwayes better to suffer wrong then doe it , and sometimes better to receive wrong , then require right , yet the most beaten path to peace and justice , which I thinke now it becomes me , and others to walk in , is neither to doe wrong , nor to suffer it . For though a man may part with his owne Right for publick advantage , yet I know no Rule of parting with other mens right for my owne advantage . And therefore though not without sense , yet without feare of any danger that may spring from men , impatient and mindfull of oppositions , I enter upon the worke , in which I shall observe this method . First , to give a true and short Narrative of the proceedings of the Scotch Army since they came into England , wherein I shall endeavour to doe them all possible right . And secondly , make some Animadversions upon divers passages in Truths Manifest , wherein though something may be said against the Manifest , yet nothing against the Truth , for we can doe nothing against the Truth . THE NARRATIVE . AFter that the Parliament of England had conflicted for the space of a yeare ' with the dangers and difficulties of this unhappy Warre ( God in his Wisdome and Justice not seeing fit to direct us to the right improvement of our owne strength , ) they dispatch Commissioners to the Kingdome of Scotland , to treat with them about the raising , and bringing in an Army to their assistance against the combination of Papists , Prelates , and Malignants , endeavouring to subvert Religion and Liberty ; The Commissioners being foure Members of the House of Commons , accompanyed with two Reverend Divines of the Assembly , went from London towards the latter end of Iuly , 1643. and in the beginning of August came to Edenburgh , where they were expected before they came , and when they came , welcome . The Commissioners upon their coming addresse themselves to the convention of Estates then sitting , as also to the generall Assembly , that they would contribute their help so farre as they were concerned ; after few dayes a Covenant was propounded , and agreed on by the Commissioners , and a Committee appointed to consider of that businesse with them , which was sent immediately into England for approbation , and received it with little or no materiall alteration , and was returned to Scotland in a short time , and so was generally taken in both Kingdomes ; while this was in hand , a Treaty also was offered and debated , about bringing an Army for the assistance of the Parliament of England , which was also mutually agreed betwixt the Kingdomes , and is of late published . After this foundation laid , though the time of year was something unseasonable for building upon it , being winter , the Estates of Scotland having received 50000 l. of the 100000 l. mentioned in the Treaty , bestowed their power and diligence in levying men , so that about the middle of Ianuary , an Army well cloathed and armed was brought to the Borders of England , which they entred about the twentieth of that moneth , at which time Lieutenant Generall Lesley passed over Barwick bridge with some Troopes of Horse ; for the Towne of Barwick , by the care of the Commissioners of Parliament then in Scotland , who sent one of their owne number for that purpose , was happily made a Garrison for the Parliament ; and after that , by Treaty betwixt the Kingdomes , assigned to the Scots for a Magazine , and retreat , while there should be use of their Army in England . A little after the entrance of those Horse and Foot , that came in by the way of Barwick , the Lieutenant Generall of Foot , Baly , passed the water at Kelsey by the advantage of a great Frost , which bore the Ordnance , and met the noble Generall the Earle of Leven about Alnwick . The Enemy commanded by Sir Thomas Glenham made no opposition in Northumberland , but retreated from the borders to Alnwick , and so to Morpeth , and then to New-Castle ; where the Earl of New-Castle met him with more Forces ; so that the Scottish Army had a free passage to the workes and wals of New-Castle , which they came to about the beginning of February . At their approach after some slight Skirmishes of Horse , there was an attempt made upon a strong Fort at the East-side of the Towne , but without successe ; a little after , it was thought fit to dispose the Army to some Quarters neare the Towne , on the North-side of the River Tyne . During the time of their lying there nothing of moment fell out , but the fight at Corbridge , where there was not much hurt done , but the Scots had the worse , losing some Prisoners , and retreating , yet not so hastily , but they tooke Collonel Brandling in their returne , who after that became a Proselyte ; this was all that passed on the North-side Tyne , saving that the Castle of Warkworth was surrendred to the Marquesse of Argyle , who marched by the way of the Sea with some Forces to the Army , of which Castle he made one Captain Lysle Governour ; after some time spent on the North-side Trent , the lying of the Army there was found uselesse , and inconvenient , and a resolution was taken towards the end of February to passe the Tyne , leaving onely some Forces at Bedlington , and Blythesnooke , to secure that little Harbour being very convenient for Provisions . The Enemy at the passing over Tyne made no opposition , but were so kind as to let them march over Newbridge , a very inconvenient passage had it beene disputed , and so take possession of Sunderland , a place which proved full of advantages to the Army afterwards , in respect of provisions which were brought thither in great plenty from London , and other places , and exchanged for Coale . During the aboade of the Army about Sunderland , in the moneth of March , ending the yeare 1643. they fortifyed Sunderland as well as the place was capable , and tooke a strong Fort at Southshields over against Tynmouth Castle , at the second attempt ; In the meane time the Enemies head Quarter was at Durham , where were the Earle of New-Castle Lieutenant Generall King , sir Charles Lucas ( lately come from the South with a supply of Horse , and a very considerable Army ; ) they came and faced the Scots Army twice within two miles of Sunderland , first on the South side , then on the North-side the River Were . At first we heard of nothing memorable , but very cold nights , in which the Scots Army had good advantage of the Kings , and made good use of it , for by keeping close to them many of the Enemies Horses were reported to be strayed , and their souldiers courage cooled ; which was found true at their next appearance . Shortly after , when they drew up about Hilton and Bowdon , at which time also the Scottish Army was drawn out against them , but no ingagement of consequence , each Army kept its advantage , onely there was some slight skirmishing amongst the hedges , where for ought I ever heard , the number of the slaine was equall , or little different ; but at last the Kings Army drew off , and being discerned so to doe by the Scottish Armie , they fell upon their Reare and tooke some Prisoners , but killed very few , not the tenth part of the number mentioned in ( Truths manifest ) and so they parted . After this the Scottish Army not being well able to endure their straitnesse of Quarters , tooke a resolution to march towards the Enemy , and either fight with him , or enlarge their Quarters ; about this my Lord Fairefax who had beene long confined to Hull , tooke the field againe , and with sir Thomas Fairfax ( a Gentleman who must not be mentioned without Honour , for God hath honoured him ) and sir Iohn Meldrum ( whose faithfulnesse to this cause and diligence in it was very eminent ) made their first attempt upon Selby , where God was pleased to give them great and seasonable successe in storming , and taking that Towne , and in it a number equall to those that assaulted , notwithstanding the many Horse that were in it , where also was the Governour of Yorke , Mr. Iohn Bellasys , who was taken prisoner . This businesse has hardly been parallelled since this Warre , save at Wakefield , when Generall Goring was taken in like manner by sir Thomas Fairfax , and his party rather then Army . New-Castle hearing this newes , and fearing lest Yorke also ( the receptacle of most of the Northerne Papists , who were not in Armes , whom he had most reason to respect ) should be surprized or surrendred , thought best to move Southward with his Armie , and did accordingly , and getting start of the Scots Armie , by a sudden march came to Yorke about the middle of Aprill , and lodged the remainder of his Foot there , ( for his Northerne expedition had lost him many men who were wearied out with the hardinesse of the Scots ) and sent sir Charles Lucas away Southward with his Horse , which were followed by some Scottish and Yorkeshire Horse , but not overtaken . The Scottish Army followed Southward , and joined with the Forces under command of my Lord Fairfax , betwixt Wetherby and Selby , where after consultation they draw neare to Yorke , and if a sufficient strength could be made up by the accession of the Earle of Manchesters Forces , which was desired and hoped , they resolved to sit downe before Yorke , which was accordingly done ; Generall Leven pitching his Quarter at Midlethorp , my Lord Fairfax at Foulford , and my Lord Manchester at Heslington , the Scots Quarters kept in the Towne on the West-side of the River , the Earle of Manchester and Lord Fairfax on the East-side ; and to my Lord Fairfax his assistance , was sent a very noble Gentleman and able Commander , sir Iames Lunsdaine , with a Regiment or two of Foote , who lay at Foulford ; the Horse of all the Armies in the meane time were sent towards the West of Yorkshire , which was the onely way the Enemy had to come , and interrupt the siege , the other wayes by the advantage of Rivers , being impassable upon opposition ; this siege was carried on with very commendable unanimity , and correspondency of Counsels on all sides , each acting their part . The Scots tooke in a Fort on the South-side of the Town , attempted another neare the great Fort , but held it not , and had severall skirmishes with the Enemies Horse , in one of which they lost a gallant Gentleman , Leiutenant Collonel Ballantine , who not content with a little honour , to gaine more lost his life ; my Lord Manchesters men made their approaches very neare at Bowden , and Monk-barres , my Lord Fairfax his men at Wolmsgate , where they tooke a Church and divers prisoners in it , onely Major Generall Crawfurd , a valiant and forward man , made an unhappy attempt upon the Mannor House , without due notice to the other Forces , and was beaten out with the losse of many men . After this siege had continued two moneths or thereabouts , towards the end of Iune Prince Rupert comes to the reliefe of Yorke , by the way of Lancashire , draining Garrisons and raising men with all diligence and severity , and thereto added an act of cruelty at Boulton . At this time upon the importunity of Lancashire , sir Iohn Meldrum ( after that by his conduct , the Castle of Cawood , and the strong Fort of Airesmouth were taken , which much advantaged our provisions from Hull by water ) was sent with a Party thither to doe what service he had opportunity , howsoever to secure , if possible , the Town of Manchester , which had been yet inviolate for the Parliament , and accordingly did so . The Prince after he had strengthned himselfe what he could , drawes neare to Yorke by the way of Burrowbridge , and comes upon the North-side of the River Owse , whereupon the Armies resolve to joyne and fight him , and so the last of Iune , the siege was raised , the Towne in some measure relieved ; but the Prince not satisfied with that he had done , would needs draw over the River againe , about three miles from Yorke to fight our Forces , upon that side the River ; in which he made a desperate attempt , and as I am informed , was so told by Lieutenant Generall King , in regard our Armie might fall upon him while he was passing the River . But he was resolved and gave command to the Earle of New-Castle , to draw his men out of Yorke to his assistance ; which was done , though not so soone as was expected , but soone enough to a bad bargaine . Our united Armies were marching off , thinking to prevent the Princes march Southward , and were going towards Tadcaster on the day of the fight , thinking to crosse some nearer way , and meet him in his return : but he saved them that labour , and drew up in their Reare in a place called Hessey-Moore , neare Long-Marston , of which sir Thomas Fairfax ( having the Reare ) gave speedie notice , and Orders were presently given to face about to the Enemy , which was accordingly done ; and the Princes Army being drawne up in the Moore , our Armies drew up into the fields adjoyning , and so much of the heath as was left them ; Sir Thomas Fairfax commanded the right wing , consisting of his owne Horse , and some from Lancashire , Lieutenant Generall Cromwell the left wing ; the Scots Horse were equally divided , three Regiments on the right wing , and three on the left : on which wing also was there then Generall Major David Lesley . My Lord Manchesters Foote were drawne on the left Wing next the Horse , and the Scots Foote and my Lord Fairefaxes in the body , and right wing ; the Battaile began about six or seven of the clock in the evening , Iuly the 2. The right Wing commanded by sir Thomas Fairfax was disordered , for he had among other disadvantages these two especially ; first , the worst part of the ground being so full of Whinnes as that his Horse could not march up , and was next the hedges possessed by the Enemy . Secondly , he had also many new raised Horse which had never seene service , who did not play the part of Reserves as became them , so that after his owne Regiment and Collonel Lamberts had charged , with valour and good successe , for want of supplies that wing was wholly routed , himselfe stayed in the field , where he received a marke of Honour on his face ; the Scots Horse also on that side quit the field , and left the Earl of Lyndeseys Regiment of Foot standing bare , which yet acquitted it selfe well , for sir Charles Lucas coming up with Horse to charge them , his owne Horse was shot in the head of his Regiment , and he was taken Prisoner . But , whilest this was doing on the right , our friends on the left wing sped very well ( through Gods mercy ) and wholly routed the Enemy , and came about to the right , and at last cleared the field , became Masters of the Enemies Carriages and Artillery , and left more dead bodies then hath been at any Battell since these warres began , and had slaine more , but that the shelter of night , and a neare Garrison hindred pursuit . The lot of the body of Foot , especially of Scots and my Lord Fairfaxes , was so promiscuous , some standing , some flying , that I can give no perfect accompt of it . As for the Passage in Truth its manifest concerning Lieutenant Generall Cromwell , and their Lieutenant Generall Lesley , I should be loth to meddle in it , and wish the Author of the Manifest had not ; but something must be said in the Animadversions . Thus was God pleased to use the Scots Army in doing its part to the breaking of the strong Army of the North , and the defeating of the Prince , who brought into the field that day an Army very strong and well accomplisht . Quem dies vidit veniens superbum , Hunc dies vidit fugiens jacentem . If any will make a further enquiry , and say who did best , I could wish I might be put to no other answer then ( God did all ; ) which is the best way to decide Controversies of this kinde ; for no man loses when He gaines honour . After this happy Victory , the discouraged Enemy take severall courses , Prince Rupert with his Retinue ( for his Army was gone ) marched on Northward to Allerton , and so by Richmond back againe the way that he came . The Earle of Newcastle with his deare Confidents , Widrington and Carnaby , went to Scarborough , and so beyond Sea ; and with them Lievtenant Generall King . The Government of Yorke by this meanes was devolved upon Sir Thomas Glenham , who still undertakes desperate cures . Our own Forces , after the Generalls had time to meete , and the confusion of the fight ( which lasts longer then the time of it ) was over , and our wounded men provided for , fall to work againe , and the Fight being on Tuesday Iuly 2. on Thursday or Friday following a Party of Horse were sent under the Command of Lesley and Cromwell to follow the Enemy , but they were first gotten into the Dales , and became almost uncapable of annoyance . The body of the Army returned to the Siege of Yorke , which about a fortnight after was surrendred to the Parliament upon Treaty betwixt Commissioners on both parts . And thus was God pleased to blesse these united Forces with a Victory and City , in which the Scots as they had their part of pains and hazard , so deserve their proportionable share of thanks and honour . After this my Lord Manchester marched away towards Lincolne , his Forces taking some Castles in Yorkshire by the way , as Sheffield , and Tickhill . The Lord Fairfax remained in Yorke , and disposed his Forces to the blocking up of some Castles in Yorkshire . The Scots Army marched Northward againe . And that I may not omit any thing concerning that Army , while Generall Leven was imployed in these services about Yorke , the Northerne parts , and that part of the Scots Army left behind , passed some danger and hardship in Northumberland . Morpeth Castle , held by Lieutenant Collonel Somervill , was delivered up with the provisions and goods in it to Collonell Clavering . And the Fort at South-Shields , though not gotten sine sanguine , was lost sine sudore , upon a bare Summons from Montrosse and Clavering . At this time also Sunderland was faced and outfaced by the mentioned Cavaliers , who came to Bishops Wermouth , and plundred some of their victualls , but the Towne was preserved , where amongst others the English Sea-men being much concerned ( for their ships were then in the harbour ) well acquitted themselves . But the Earle of Callander then comming into England with an additionall Force ; among whom the Lord Sinclare , Montgomery , and Levingston , dispelled these mysts , and before the returne of the Scots Army tooke in Hartlepoole and Stockton upon surrender , and placed Garrisons in them as seemed best to him ; and a little before the returne of the noble Earle of Leven from Yorkshire , he had entred Gateshead , Town of the South-side of Newcastle , parted from it onely by the River , by which means the Town of Newcastle was wholly blocked up on the South-side . After the returne of the Generall , a Bridge was made over the Tyne , and he disposed his Army on the Northside , and approached close to the Towne with his Foote , the Horse being sent Westward towards Cumberland and Westmerland . During this Siege , which continued above two Moneths , the Enemy made frequent and sharpe Sallies , and the Generall frequent and faire offers , to which the upstart Knight Marlay returned very peremptory and sometimes abusive answers , which were reckoned for at last ; if they be not , they may be . But at length after much diligence and patience , the Generall and the Commanders then resident with the Army , resolved upon a Storm , and to that end prepared Mines and Batteries , and upon October 19th fell on at severall parts of the Towne , at the breach made by Cannon there was no entrance , and the most losse on the Scots part was there , but the Mines taking well , especially one at White-Friers Tower , they entred , and both to our and their benefit tooke that strong and rich Towne . Sir Iohn Marly the Governour , with the Scottish Earl of Crasurd , and others , retreated to the Castle , expecting thence to make their termes , but could get none but those of mercy , which considering the persons , was too good for them , though lesse could not be granted . After the entrance there was little bloud shed , but the common Souldier betooke himselfe to what he could , the Officer almost to what he would . For herein the Scots are more orderly then the English . Among our Armies commonly the Souldier gets the greatest share of the spoile , the Officers generally being not so earnest at the prey ; and the English Souldiers are not so easily commanded as the Scots in such a case . For the Scots Souldiers will very orderly stand Sentinell at the dore they are appointed to , and for some small matter preserve a house with its appurtenances for their Commanders , so that the Towne was not ( especially the best houses ) spoiled in specie , but onely purged by a composition , which was fortuitous , according as the nature of the Chapmen was , some good bargaines , some ill . And thus was Newcastle reduced , which ( to speake as much truth as the Manifest ) was a very remarkable service , being the onely thing of moment wherein that Army hath been engaged apart from other Forces in England these two yeares . And to make this good successe compleat , that the Passage from the Coale-Indies might be cleare , Tynmouth Castle , Commanded by Sir Thomas Riddell , out of a sympathy betwixt the Towne-Clerke and the Major of Newcastle , was surrendred upon Articles , and Garrisons placed in both Towne and Castle , by order of the Scots Commanders and Generall . After these places thus taken , and in this manner setled , and the businesse of Fines & Compositions at Newcastle dispatched , it was time to dispose the Scots Army ( which had been most of the precedent Winter in the fields ) to their Winter Quarters . To that purpose two or three Regiments of Horse , and a Regiment of Dragoones were alotted to abide in Cumberland , and Westmerland ; three Regiments of Horse sent into the North-Riding of Yorkshire : Northumberland and Bishopricke of Durham , were appointed to the Foote , and some odde Troops of Horse . The Horse in Cumberland had by this time made some entrance upon the Siege of Carlile ; Sir Wilfrid Lawson , and others Cumberland ▪ men being joyned with them , who had raised both Horse and Foote for that service ; of which more in the Animadversions . After the Army thus was disposed of , the Committee also and the Generall disposed themselves into Scotland , and left our English Commanders and the Souldiers to dispute matters of Assessement and Provision , Impar Congressus . During this time of Winter I have not heard any thing of service from that Army , onely that some Foote were sent to the assistance of Sir Iohn Meldrum at the Siege of Scarborough-Castle ; and some also were sent to Pontfract , but had not libertie to stay the end of these works , in regard of other employment . So that wee have free leave to passe on to the Spring ; at which time the Scottish Committee for the Army after the dispatch of their own affaires in Parliament and Assembly returned . The Generall himselfe being come before into England toward the end of Ianuary . In the second yeares service , the first thing that offers it selfe was Lievtenant Generall Lesleys going with a Party of Horse and Foote to the assistance of Sir William Brereton , who was then besieging Beeston-Castle , and intending Chester , but hearing that Prince Rupert was drawing towards him with a considerable force , sent to the Committee of both Kingdomes at Westmorland for ayd , who desired that Lievtenant Generall Lesley might goe with a Party of Horse to his assistance ; which accordingly was done . A Party of Yorkshire Horse being also joyned with him ; but of that conjunction wee had no further newes or fruit , but that the Enemy came not far enough to fight us ; and our Forces stood upon the defensive . Whereupon the Lieutenant Generall shortly after returned into the West-Riding of Yorkshire about Hallifax , where he remained for a space . About this time the Parliament finding ground to new-mould the severall Armies under the Command of the Earles of Essex and Manchester , and Sir William Walter , ( a course of equall hazard and necessity ) which God hath since blessed with successe to admiration , into one body , under the Command of the valiant and victorious Sir Thomas Fairfax ; by this means , and especially by the forwardnesse and opposition of some , who made it their great businesse to crosse this worke , ( so little did they value the publique good in respect of their owne conceits , wills , and interests ) it came to passe that we lost some ground in the start at the Spring , but through mens diligence , and Gods blessing , it was quickly recovered . About this time ( I say ) the Parliament sent to the Scots Army and their Committee , that they would hasten the advance of that Army Southward with all possible speed , in regard that this change and opposition had brought their affaires into some distraction ; And to enable and encourage them for their March , sent them 30000. li . And accordingly about the time that Sir Thomas Fairfax , upon order from the Committee of both Kingdomes , marched from Windsor westward with a piece of an Army , which was the first of May ; the Scots Army came to Rippon in Yorkshire , where there were severall debates betwixt their Committee and our Commanders , about matter of Provisions , the English Commanders still pressing the necessity of Marching Southward ( the King having drawne his Army into the field ) and promising all possible care for accommodation ; But in the midst of these disputes , the King drawing Northward , and the Scots having intelligence out of Cheshire of the Kings intendment , to send a flying Army over the Hills through Lancashire into Scotland : The debate about marching Southwards , and making Provisions for it , was turned into a dispute which was the best way into Lancashire ; for the journey was resolved by the Scots . The English Commissioners told them , if they must goe , the neerest way & passable enough , was the way that Prince Rupert marched from Lancashire to the reliefe of Yorke , which was by Skippon ; but they chose rather to goe about by the way of Stainmore ( commonly called in those parts , The Devills Gallary , for the uncouthnesse of it ) into Westmerland , which had a little before resisted : some Scottish Officers requiring Contribution ( as they say ) beyond their power , and beside the Parliaments authority . There they stayed some time , but the flying Army being not to be found or heard of , the Scots march back againe the same way to Rippon about the beginning of Iune . First , having sent some more commanded men to Carlisle , which was shortly after reduced by the joyned Forces , Scots and English , which I onely mention now left in the Narrative I should be thought fit to omit an action of moment , but reserve the story of it to another place , at which time the Parliament sent downe two of their owne Members , to waite on the Scots Army , and hasten their march Southwards , who accompanyed the Army to Nottingham , and from thence the chiefe Officers of the Scots Army sent a Letter to the Parliament , which the Author of Truth 's manifest thinks fitter to print , though neither they that writ it , nor they that received it , judged meet to doe . Within two dayes after the date of the Letter , it pleased God to honour the Army under the Command of sir Thomas Fairfax , and blesse these Kingdomes with an eminent , and seasonable victory over the Royall Army at Nazeby , which was a happy foundation of the recovery of Leicester within three dayes after , and many other successes , wherewith God hath followed their valour and diligence to this day . By this meanes the heat of the Warre was over for that yeare , especially in these parts , the King having no field Forces left , but those under the Command of Goring in the West . After this the Scots Army with all readinesse march Southward through Warwickshire , Worstershire , and so towards Hereford , whither some Commissioners were sent from Parliament to joyne Counsels and endeavours with them ; a field Enemy not appearing they resolve to besiege Hereford , the reducing which place was thought very necessary for the prevention of the Kings recruits commonly fetch't from those parts . The siege went on hopefully , Mines and Batteries were prepared , and the taking of the City ( which never was accounted very strong ) continually expected : but in the meane time , it pleased God to suffer Montrosse with his wicked crue to give our Brethren in Scotland a sad overthrow ( I am sure all good people had reason to accompt , it so ) at Kylsyth , where many good men were lost , and the Forces of that Kingdome almost totally dissipated ; which occasioned the recourse of many eminent persons to Barwick , and discovered a more generall malignancy in Scotland , then was expected . The newes of this coming to the Army , after some consultation had , they raised their siege , to which they were induced , as by the condition of their owne Country , so by the report , of the Kings coming towards them with a strength of Horse , which might endanger them , they having sent Lieutenant generall Lesley away towards the North , where he stayed with respect to Scotland , as also to interrupt the Kings intentions Northward , whither he most applyed himselfe . When sir Thomas Fairfax was gone Westward with his Army , it was expected , that the Partie with Lieutenant Generall Lesley , and the English with him should have pursued , or fallen upon the Enemie at that time , but the King marching Southward towards Huntington , and the Scottish Horse being bound Northward , it could not be . At this time , the necessities of Scotland so requiring , the Lieutenant Generall marched into Scotland , where suddenly after his arrivall , he happily fals upon Montrosse now divided from Kilketto , and not looking for him so soone , and obtaines a happy victory over him , and seasonably ( through Gods mercy ) alters the face of things in Scotland . This newes meets the Scottish Armie ( marching Northwards ) in Yorkshire , and staies their journey further , and gives them libertie to repose in the North and West ridings of that County , which by the calamitie of these Warres are now almost wasted , and will be brought either to utter ruine , or some dangerous way of preventing it , unlesse the Parliament afford timely reliefe . While the Army was quartering here , the Lord Digby comes with a Party of Horse , as is said , for Scotland , he surprizes the English Foot , quartered at Sherburne , but by the seasonable pursuit of Collonel Copley and Collonel Lilburne was defeated , lost his booty and his baggage , with divers Letters of moment into the bargaine ; and was forced to take a hilly way to Cumberland , where sir Iohn Browne got an advantage of him as his remnant was passing over a water , where the tyde hindered one part from the reliefe of the other ; and so he was forced to the Isle of Man , and thence hath betaken himselfe into Ireland , from whence we daily heare from him . This passage concerning my Lord Digby ( though his greatest blow was by the Yorkeshire Forces ) I thought fit to insert that I might not omit that action of sir Iohn Brownes , which the Parliament was pleas'd to take notice of . After the Scottish Army had lyen sometime in Yorkeshire , about November , at the desire of the Parliament , and the Committee of both Kingdomes , they marched to block up Newarke on the North-side , where they had possession given them of Muskham Bridge ( which the Enemy had intended to burne , but did it not ) and the Fort in the Island that commands it , which makes their worke on the North-side Trent very easie , in regard the Towne , Forts , and Castle stand on the South-side the River . Since their blocking up Newarke there hath not beene much of action ; once the Enemy by the advantage of the Ice fell into their Quarters , killed the Adjutant Generall of Foot , but received as well as did hurts : since that the Enemy made a sally upon the Scots , who were making a Fort in the Island , but after some little losse on each part , were very well repelled and beaten in . And let me not forget the readinesse of the Lieutenant Generall , to send some Foot to Collonel Poyntz , for the strengthning his Quarters at Stoake . And so have we followed the Scots Army , consisting now of about seven or eight thousand Horse and Foote , most Horse , ( according to a Muster lately taken by the English Commissioners ) to the siege of Newarke , where also is a Committee of Lords , and Commons from the Parliament , contributing their best assistance to the carrying on the Service against Newarke , who have above these three moneths expected a Committee from Scotland , to joyne with them according to the Treaty , but they are not yet come ; It is hoped ( notwithstanding ) that there shall be such mutuall care and concurrence betwixt the Forces , as that strong Garrison shall in due time be reduced to the great advantage of the North , and happinesse of the whole Kingdome , which is very much concerned in the successe of it . And thus have you a true Narrative of the entrance , and proceedings of the Scottish Army since it came into England , where I have not willingly , nor ( I hope ) negligently omitted any thing materiall ; more circumstances might have been brought in to attend the substance of this discourse , but many of them being not acceptable , it was thought best to omit them , or at least referre them to the second part , which containes Animadversions upon some passages of the Manifest , and other Papers printed to the disadvantage of Truth , and reflecting upon the Parliament of England . THE Animadversions FIRST , the whole Booke and the printing of it , to me , deserves an Animadversion . Who is this man that makes so bold an adventure , to intermeddle in things of highest consequence , betwixt the two Kingdomes , their Parliaments and Armies ; which their Wisdome and tendernesse made them forbeare ? Me thinks their silence might have prompted reverence to the Author . He calls indeed his booke An Answer , pag. 4. and alleadges Scripture for it ; but to whom is it An Answer ? none had put pen to paper in this businesse , it came not into the thought of any wise man to meddle , and the very Diurnals which bespatter every body , were very modest , as to the Scots and their Army . Therefore is the Gentleman constrained for want of work to make himselfe an Adversary , which he calls by the name of Sinisirous Reports in the second line of his Relation . Had it not been better to have suffered these Reports to have vanished in the ayre , then to give them the advantage of an Eccho ? I feare lest the work prove unprofitable , as unnecessary works use to doe ; forward vindications sometimes occason untoward Questions , and controverted things have sometimes more advantage by silence then debate . But well meaning men ( as they are styled ) must be undeceived ; Let that be put to the issue whether so , or rather whether those that have been before deceived by Reports , be not now cousned in Print . If it be found so , it is a double fault , the falshood in the Booke is one , Truth in the title another , — Per amici fallere nomen Tuta frequensque via est , sed via crimen habet . But to the particulars The first thing is his Animadversions upon the Commissioners of Scotland , for not being so popular in their applications , and satisfactions to the multitude as he thinks fit ; In which , notice may be taken of his expressions and of his charge ; the expressions to mee seeme disproportionable to the honour , and employment of so Honourable and worthy persons . He tells them , pag. 3 , That he cannot esteeme their prudence in this . Pag. 4. You have mistaken the right way sirs , ibid. you are hugely mistaken . Pag. 11. He chargeth them with being meale-mouth'd , and with remissenesse , and concludes with his Magisteriall hopes , pag. 13. that being freely admonished , they will mend this slip : and addes a resolution , that till the Commissioners did the thing he advises , he would take a Commission from himselfe to doe it . To al which I say no more then , indignus tu qui diceres tamen . For the charge I may adde , neque hoc opprobrio digni sunt . Men in trust and Authority should take care that the People may rather have the advantage , then the knowledge of their proceedings . Things that are to be done by them are necessarily to be made knowne to them , and to satisfie them in their obedience , the ground of the command , or something shewing the Equity and necessity of it , is usually premitted , as is done in the preamble of Acts , Ordinances and Declarations . But to make knowne the debates , and those humane passions incident thereunto , it were sometimes to discover nakednesse where it ought not , to minister strifes , to make the people Judges of them whom they have made so . I have heard that the custome of Scotland is otherwise , where there is a diligent eye had to the Presse ( which is not as here ( which is one of our faults ) prostitute to the lust of every Pamphlet ) and a reverend reservednesse kept upon their Counsels and actions : onely so farre as the people are concerned in obeying , things are carefully made knowne to them , and difficulties removed . And certainly , those that are reserved at home , will not judge it meet to be very open elsewhere : for though the Proverb is not strictly to be applyed , yet it carries a generall equity and decency ; In alien●m domum cum veneris mutus & surdus esto . The Gentleman makes some Objections which he answers , he that hides can finde , but unawares ties some knots which he cannot easily undoe . For instance his second Objection , in the Answer to which he affirmes , that the Commissioners of Scotland doe not sufficiently discharge their duty , in making knowne to the Parliament and Assembly to the full , the truth of all things by their papers , which he proves by an assertion , which for want of other strength he doubles , that what is de facto concerning all , must be made knowne to all . The sounder axiome were , what concernes all to know must be made knowne to all , for otherwise who will deny , but the people are concerned in Counsels , Deliberations , and conclusions of things to be done , they being the subject and end of them , and yet this Author grants , that these things are to be made knowne to the Trustees of State ? But I have no mind to wrangle . Let us see the strength of the Argument , which is this . The Trustees of the State and Church are not Lords of them , but servants : therefore the Commissioners of the Parliament of Scotland are to impart to the people of England their papers , and proceedings . This conclusion seemes to me larger then the Premisses , and like to have the lot of a building wider then the foundation ; the true inference from the Antecedent is rather this . Therefore the Commissioners of Scotland , as good servants , should give an accompt to them , that intrust them so farre , as is expected or required . But shew me where the people of England conferred that trust upon the Commissioners from Scotland , or where they required any accompt ; Doubtlesse those Honourable Persons doe give accompt , and satisfaction to them , from whom they received their Commission and trust , and need not doe it to any other . And though that expression of servants , as opposed to a Lordly usurpation , is good as to the thing , yet the word seemes to give too specious a ground for such a corrupt inference as this ; If the Rulers be servants , the people are Masters ; whereas the truth is , the Magistrate serves the good of the people rather then the people , as the Apostle expresseth it , Rom. 13. They are the Ministers of God to the people for good . Ministers or servants of God , that this their appellation , to the peoples good , that is their use . Thus the Angels serve the Saints , who are yet lower then the Angels , and Pastours the people , whom yet they rule over in the Lord . Me thinks those that hate Independency in the Church , should not affect popularity in the State , but any thing for a turne . But let me leave this Rule with my friends and Country-men , that though it be fit that all exorbitant usurpation , and arbitrary dominion of Rulers have a seasonable stop , lest publike Liberty suffer , yet must it be done without debasing those in authority , whose honour and esteeme with the people , is necessary to the order and conservation of the whole ; alwayes provided , that this tender regard need not be had to any of what place soever , that are in open hostility against the people , who make no other use of their power and Reputation , then to deceive , and destroy the people ; of which our instance is too neare . As for the freedome of Iohn Knox , and George Bucanan mentioned pag. 12. I could well consent it were revived , so it be rightly bestowed , as by them it was , sc. against the Popery of the then Queen , and the self-interests of great men in publick works , and against tyranny in Princes : King Charles deserves a severer Schoolemaster then ever King Iames had . Secondly , after this expostulation with the Commissioners ending pag. 14. the Narration begins , in which the Author layes open in the first place , the carriage of things betwixt the Scots , and the King at their first entrance , which I meddle not with , onely give this note on the behalfe of England , that whatsoever was then done ( as is alleadged ) contrary to justice and Faith , must not be set in the least degree upon the accompt of this Kingdome , whose proper Representative is the Parliament , who disclaimed the whole businesse , it was the work of the King , not the Kingdome , of the Faction , not the Nation . But I rest in the thoughts of the Act of pacification . Thirdly , the next thing to be insisted on , is of more consequence , and will require a full clearing , which is found at the 18. pag. sc. The Scots under God , are the cause of assembling the Parliament , of the continuance of it , and of the preservation of it from totall destruction and ruine . And to this purpose , there are divers passages , which I think fittest to summe up together , and give them some dilucidation rather then opposition . Another expression of this kind is , pag. 94. The Scots were in a kinde the onely hinderers of the Kings compassing his designe . pag. 99. 100. For whom they have hazarded , and many lost their lives , when they might all this while have sate at home quietly . pag. 112. They make our quarrell theirs , have undergone the burthen for our sakes , to free us from it . They are become miserable to pull us out of misery , a thing not to be parallel'd . Pag. 114. They have crucified themselves for their Brethren . Pag. 142. Who have ventured , yea , lost themselves in a manner , with all that is deare unto men , for their sakes , to doe them a double good , to help them out of trouble , and settle a Reformation among them . God forbid , that I should be one of those ingrate children , mentioned and cryed out on by this Author . It is farre from my thought or purpose , to deny , or to diminish the kindnesse of our brethren , whose help was desired and was seasonable , but let us understand our selves , and how the matter stands betwixt these two Kingdomes . We are indebted to Scotland , I wish an even reckning , and long friendship , but I am not yet of opinion we owe our selves to them : and if the Author of the Manifest be consulted , you shall find an intimation of some other Obligations then meere kindnesse unto us . As for instance , pag. 24. It is said , that the Scots ( when they began to interesse themselves in this businesse , ) they could not in Conscience , and honesty sit quiet any longer , and neither say nor doe : but I take no advantage of this , we are beholding to men for doing what in conscience and honesty they are bound , though they should hurt themselves more in violating Conscience and honour , then in suffering us to be violated . To this you shall find a more externall ground added , pag. 28. viz. Now the State of Scotland , seeing the common Enemy come to that height , that nothing will satisfie him , but totall subversion of Church and State , inthese Dominions , onely they perhaps , might be kept for the last , though in intention they had been the first , judge it not enough for their interest in the common cause , to keepe an Army in Ireland , but to bee upon their Guard at home , and to help their Brethren in England with the Sword , since all other meanes so often tryed were disappointed by the malice of the Enemies : And this resolution is said to have been taken , before Commissioners were sent from England to desire their assistance , Pag. 30. So that you may observe the Enemy was a common Enemy , the Cause a common Cause , the danger to these Dominions ; the Scots like to suffer as deep , though not so soone , if they had sate still . But give me leave , paulo altius repetere , and to consider the ancient mutuall tyes , and later friendships betwixt these Kingdomes , which may be a good meanes to continue , and confirme their present correspondence . So long as these Kingdomes were under divers ( especially popish ) Princes , their condition was like that of Israel , 2. Chron. 15. 3. when it was without a true God , without a teaching Priest , and without Law . At which time , there was no peace to him that went out , nor to him that came in , but great vexations were upon all the Inhabitants of the Countries , and Nation was destroyed of Nation , and City of City . The mutuall spoyles and losses of these neighbour Kingdomes , being well considered by that wise Prince Henry the seventh , he layes a probable foundation of conjunction , in giving his eldest Daughter to the King of Scots , whose posterity upon the failing of the issue of his Sonne , Henry the eight , might inherit both Kingdomes , which hath since come to passe . In the time of Edward the sixt , it was thought fit by that Prince ( whose wisdome and vertue was beyond his yeares ) and his Councell , to make the conjunction more sure , and therefore agreed with the Kingdom of Scotland for a Match betwixt this young King , and the Daughter of Iames the fifth , afterward Queen of France and Scotland . But the Polititians of those times in Scotland chose rather to marry their young Princesse to France then England ; it may be , forecasting , upon the faile of issue in Henry the eights children , that it would be more for their advantage to have a Scottish-man or a French-man King of England , then an English-man of Scotland , though ( if I may speake it without offence ) I think they might have had more comfort in that young Prince Edward 6. had God continued his life and reigne , then England hath had of the two Kings they have had from Scotland ; of whom Truths Manifest sayes ; That there hath been more Christian bloud shed in these latter yeares , under the end of King Iames his and King Charles his Reignes , by their Commissions , Approbations , Connivences , and not forbidding what at home , and what abroad , all which upon the matter , they might have stopped , if it had been their pleasure , then were in the time of the ten Romane Persecutions . But although the English had received some dis-ingagement by the non-performance of that Match , which was aggravated on both parts by a Fight at Musselborough field ; yet when the Scots were sore troubled , and their Religion & Liberty indangered by the said Queene , returned from France into Scotland , who called the French in to her assistance against her native Subjects ; the renowned Queene Elizabeth , and her prudent Councell , though this Kingdome had continuall warre with Spaine , yet feared not to provoke the French , by affording seasonable helpe to her distressed Neighbours , sending to their reliefe 6000 men , which were maintained at the charge of the Kingdome of England ; Which was then thankfully and justly called to minde by the Kingdome of Scotland when this last treaty was to be made . So that if we breake off here , the kindnesse rests not on our part . But I shall as gladly proceed to repeate the good turnes done to this Kingdome , as by it , and rejoyce in the mutuall obligation . And that I may not breake in too suddenly upon the late affaires of these Kingdomes , give me leave as a manuduction thereto to give a briefe touch of the Method of Reformation in this Island , and but a word , for the body of the Story may be had elswhere . It pleased God at the bringing of this Island out of Popery , to honour Scotland with a more full departure from Romish Idolatry and Superstition , for though England wholly renounced their Doctrine , yet some dregges of discipline and superstitious Ceremonies remained . The Scots had indeed some advantages that wee had not ; Their Queene was obnoxious , their young King in his nonage , they had some Nobles and Ministers zealous and well affected , so that through Gods blessing they obtained a Reformation in that point , though not with so little difficulty as should give them ground to expect it should be done here on a suddaine . But as for England , in Queene Elizabeths time , shee had so much trouble for Holland , with Spaine , and in Ireland , that her Councell thought not fit to adventure upon the trouble of an alteration in this point , which they foresaw , and wee finde to be great . And besides , many of our Reformers being Bishops , could not so well understand the convenience of their own abolishment . In King Iames his time , though wee might have expected to have been better , in regard he came from a reformed Kingdome , yet it was far worse with us , for he came with an innate bitternesse against Puritanes , which was fomented by our English Bishops , so that he became a great Persecutor of unconformity ; And according to the Proverb , Seldome comes a better , since the Reigne of this King , especially since the preferment of the late Archbishop of Canterbury , it hath been much worse with us , for in stead of reforming , we were deforming , and , in stead of renouncing , returning to Rome apace . But all this while England wanted not its honour in the eyes of God and good men ; For God favoured it with men eminent in learning , able and earnest assertors of the Doctrine of the Gospel , against the Champions of Rome , Bellarmine and his Fellowes , such were Whitaker , Reynolds , Iewel , Fulke , Perkings , &c. with more practicall Preachers and Writers , and a greater measure of the Power of Godlines , then other reformed Churches . Thus we see , Non omnis fert omnia tellus . Scotland had its advantages , and so had England , that neither they without us , nor wee without them might be made perfect , but that we might contribute to the reformation of each other , and both to our neighbours . You will pardon this digression , I returne . After King Iames had outgrown his tutors , hankered after Spaine , and was come into England , He went about to pull downe what was built in Scotland for matter of discipline , and interrupted the Liberty of the Assemblies , as at Perth more especially , though his nature was to accomplish his designes rather by artifice then by violence ; King Charles succeeds him in his Crowne and intention , but drives more furiously then his Father , and ventures the overturning all ; and so am I come to the late troubles of Scotland , about the yeare 1638. At which time both Kingdomes had Bishops , but Scotland first cast them off , to which they had these advantages . First , their naturall Antipathy against Episcopacy , which is generally remarkable in that Nation . Secondly , the absence of the King , who was not there to countenance them with his presence , and support them with his interest and authority , as here . It is no small advantage to have an absent King . A King prevents the Factions of an Aristocracy : His absence takes away the Enormities of a Court , and the advantages to Tyranny . And as they had more advantage , so had they more reason to begin ; They had a Service-book put upon them against Law , more corrupt then ours , which was established by a Law then in force . Their worke was but to assert their Rights against innovation , ours to inlarge our Reformation , and adde something de novo , which is a much harder and a more questionable worke . But however it was very happie for them and us , that they had such an opportunitie , & hearts to use it as they did , in standing in the breach like to be made upon the Religion and Liberties of both Kingdomes . To come yet nearer , This dispute betwixt the King and his Party on the one side , the Lords and Ministers of Scotland on the other , growes to blowes , and Armies are prepared on each hand . How stood the affection of the Commonaltie of England in this Cause ? How backward were they to raise men , to pay money ? the Souldiers that were raised in many places fell to pulling downe Altars , breaking Images , as a worke which pleased them better then to goe against Scotland in that Cause . And whilst some were preparing to fight against them , many were actually stirring and wrastling with God for them in prayers ; Such was the affection they bore to that Cause and Kingdome . And when the Parliament was called , to which God made the Scottish broyles an advantage , ( though the affaires of England could not long have stood in that temper they were in ) how tender were they of contributing any thing to the warre against them , and chose rather to adventure their own dissolution then a breach with them . And when they were the second time conveened , even to this present Parliament , how readily did they gratifie their brethren with a competent sum called brotherly assistance , to be paid by this Kingdome for the injuries done by a Faction in it ? And this carriage of the Parliament is acknowledged to be worthy , and obliging by the Convention of the Estates of Scotland , in their Declaration premitted at their Entrance . So that hitherto wee were not behind-hand with them . It remaines then that this great obligation must arise from the present conjunction . But if we consider the grounds , the termes , and issue , it may appeare not to be extraordinary . As for the grounds , if this Author in his 28. Pag. already mentioned , be not authenticke , let me alledge those that are ; sc. the Convention in the short Declaration premitted at their comming into this Kingdome in Ianuary 1643. Where beside and before the Law of Love requiring us to beare each others burthen , you may finde a Law of Nature mentioned , injoyning them to preserve themselves by preventing their neighbours ruine . It is indeed a kindnesse for a man to helpe to quench a fire in his neighbours house , though his own be next ; but if his house had not been so neare , it may be the man had been further off . So that it was not a sole respect to us that brought them , for that is no Fiction , though it be Poetry , Tua res agitur paries cum proximus ardet . So much for the Ground . The termes were as betwixt Strangers and Mercenaries , though we love and embrace the title of brethren , as appeares by the Treaty , wherein it is required and agreed that England be at the whole charge of paying this Army , ( the termes upon which they serve France and Holland ) and expected that this Kingdome be responsable for incident charges and losses . What could be further asked ? And looke to the issue , if God grant it , when this Kingdome will be found to have afforded all the charge and most of the force for the preservation of England and Ireland directly , and Scotland as really , though by consequence ; for prius and posterius makes no great difference , which was the case as this Author acknowledgeth , Pag. 28. And thus have I given accompt of the true state as neare as I could learne it of the Obligations betwixt these two Kingdomes , which afford this Result ; That wee should love one another . As for the particular words which occasioned this discourse , which are three times repeated in the Manifest , sc. that the Scots were the cause of calling , continuing , preserving from ruine this present Parliament , let me say thus much to them . As for the calling it , they were the occasion , but not the cause . As for the continuance of it , this is the account , Wee feeling the smart of broken Parliaments , as also our debts and necessities calling for money , it could not be borrowed but upon publique Faith , this was not to be given but in Parliament ; whereupon a noble Gentleman , Mr Pierrepont by name , ( who was not then much acquainted with the Scots ) moved upon those grounds for an act of continuance of this Parliament , and it passed . As for the preservation of it from ruine , this Clause following immediately upon the Authors discourse of the Scots refusing the Kings offers which he made them of the foure Northerne Counties , &c. if they would lend their hand to the Parliaments ruine , induceth me to beleeve , he meanes that not destruction for preservation . But doe not the Publicanes so ? Could they doe lesse then forbeare the attempt of ruining that Parliament which had been so carefull to hinder all means of furthering the wrong or ruine of Scotland . I know not what kindnesse it was not to doe it , I am sure it had been barbarous cruelty and injustice to have done it ; but if the Gentleman meane they were the cause of our preservation positively , by affording their seasonable helpe , it is acknowledged upon the Grounds and Termes already mentioned , sc. their own preservation as well as ours , and full satisfaction . The Manifest proceeds in declaring the readinesse of the Scots for the helpe of Ireland : I will by no meanes extenuate the courtesie , but that also is easily reducible to their own interest , which they had reason to regard , their labour being bestowed in Ulster which lay neare to Scotland , and would have been a very ill Neighbour in the Rebels hands . As also it may be considered that they had divers Scottish Plantations in those parts , which it concerned them to doe their best to preserve for their love to their Countrymen , and to keep off the burthen of their comming over to themselves . But I deny not but they have suffered something from Ireland , and done something for it , and nodoubt with respect to Religion , and the common good of these Kingdomes . But I being not so well acquainted with those affaires , forbeare to speake more of them ; Let the Brittish in Ulster speake . After the narration of the Scots interposing with the King by Commissioners sent to Oxford , and their resolution upon the successe of it already mentioned , he proceeds to the Parliaments sending into Scotland for assistance , and to aggravate the kindnesse of their comming , he reflects upon the Parliament for not sending till their affaires were almost in despaire , adding the danger of not calling for helpe till things were too low . This low condition is described by him in the same page , viz. The overrunning of the North , the beating Sir William Waller at the Devizes , surrendring Bristoll and Banbury Castle basely ( as he calls it . ) Toward the clearing of the truth in this , the Author affords us some helpe , which I shall endeavour to make out as farre as truth will suffer ; His words that I shall make use of are these ; For the Parliament to try if they could do the businesse themselves without troubling the Scots was wisdome ; for what need you call for ayde , and trouble your Neighbours , when you can do your businesse alone ? Certainly , the hopes of compassing our businesse without the helpe of an Army thence , was the ground of their being no sooner called , though this Author alledgeth other mysticall grounds , pag. 30. But wee staid too long ; Not so long as the Gentleman mentions , neither were our affaires so low as he expresses . Wee have good reason to remember the time of our sending thither , which was in Iuly 1643. But whereas it is said , that Sir William Waller was ruined at the Vies , and Bristoll taken , before our sending . The latter is absolutely denied , for our Commissioners had not newes of the losse of Bristoll till they were in Scotland . As for Sir William Wallers Defeate , it is true he was scattered before the Commissioners went from London , but the Commissioners were named , and the Instructions preparing , and the journey fully resolved on before that Defeate , even when Sir William Waller had utterly spoyled Hopto's Army with continuall fighting . And as for the subjection of the North to the Earle of Newcastle , except Hull , it is not strictly true , for Wraisell-Castle likewise held out , and was never taken by the Kings Forces . But I acknowledge that added not much to the state of our affaires ; I seek not advantages , I have too many given me . Pag. 31. as also pag. 56. Upon mention of the Covenant for setling of the Church according to the Word of God , and conforme to the best reformed Churches , he addes , and by name to the Church of Scotland . This I take to be a falsification of the Covenant , which when I tooke I understood to have no more reference to one reformed Church then to another , no more to Scotland then New-England ; though I beleeve Old England uncapable of that Government is in New . All that is particularized ( with respect to Church-Government ) on the behalfe of Scotland , is that wee joyno in preservation of it against the common Enemy , supposed by all to be Pupists and Prelates ; the plaine intent of which to me seemes to be an endeavour to preserve Scotland from any relapse to the corruptions they had escaped , and not to preclude it from any further reformation , if need should be . I can hardly forbeare urging you with that of Iob , cap. 13. ver. 7. Let us alledge faire and argue accordingly , especially since your Title is Truths Manifest , and mine Manifest Truths . As for the Relation of their passing Northumberland with so little opposition , yet so much want , you are referred partly to the Narrative , which is true ; as for the want spoken of , it was not so great as is pretended , neither was the Countie of Northumberland so much then wasted ( for it hath indured very much since ) but that it afforded many sheep , which were killed by the Scots the first or second night of their Entrance . If their want had been greater , the fault had been partly their own , who undertook to bring in fortie dayes provision , which if it had been done would have given libertie for getting Provisions before-hand . Pag. 35. 36. He gives a Relation of the raising the Siege at Yorke , and the Battell at Marston Moore , where the fault is laid wholly upon the Yorkeshire Horse , which was not so , but I referre to the Narrative ; Onely , I must take notice of his extolling the service of the Major Generall of the Scotch Horse , who is certainly a very able Commander . But I must differ in that point , with Truths Manifest . For the Scotch Horse which he commanded on the left Wing , were none of them drawne up in the Front that day , nor yet the next Reserve , ( as I am informed ) but as a Reserve to the Reserve , and being weaker Horse then my Lord Manchesters , were designed rather to the Chace ( if God should so blesse us ) then to the Charge . What whole bodies they charged I know not , but have made the best inquirie I can . As for the provocation which the Author had to magnifie the fore-named Gentleman , by the unseemly appellation of the Saviour of the three Kingdomes , ( for so I beleeve he meanes , though it be printed the Savour ) given to Lieutenant Generall Cromwell , for ought I heare , it was attributed to him by a Scottishman , Major Generall Craford by name , which he could not help , and I hope , and thinke , I may say that he is angry at the expression , his modesty and piety in that respect hath been answerable to his valour and successe ; and upon a strict examination , you will find that he was in the field to the last , though his service might be a little hindred , after the first charge by the shot , which though it was not very dangerous , being but a rake in the neck , yet the Pistoll being discharged so neare , that the powder hurt his face , and troubled his eyes , was a better excuse for withdrawing ( if he had done so , which yet he did not ) then many a gay man had that day . Pag. 37. It is said that the Scots upon the taking of New-Castle carryed themselves with such moderation , that the Enemies who had been in Armes against them , were constrained to speake well of them . Their moderation is acknowledged as to violence , but as for the Testimony fetched from the mouth of the Enemies , there was too much reason for it , in regard that they , especially one of the principall of them , Sir Nicholas Cole , a person excepted from pardon , in the Propositions of both Kingdomes sent to the King at Oxford , was detained for some time from the Justice of the Parliament of England ( who sent a Warrant for him ) by the Generall of the Artillery ( then commanding in Chiefe , in the absence of the noble Generall , ) who kept him company frequently , let him live in all freedome and jollity , and would not part with him , till by an Order from the Parliament of Scotland , procured by a Commissioner sent thither , he was constrained so to doe : and for other Enemies they sought and found protection in some Regiments of the Scottish Army , which occasioned their speaking well : But I have no mind to aggravate , but must adde , that the excuse he makes of Military order in the next page , satisfies not ; for as I take it , our Military force serves for nothing , but the establishment of Civill power and peace ; I know no Military Order could keep the party above named , from being disposed according to the will of the Parliament , from the 20. of October , till the February after , and till the Parliament of Scotland very justly , and honourably interposed their Authority . Pag. 38. and 39. He makes a digression to set forth the malignancy and poverty of the North , thereby to prejudice many of their just complaints , and to make the stirring of the Westmoreland-men the more inexcusable . I shall give you as true an account as the Manifest of the North , both in generall , and with respect to the particular mentioned of the rising in Westmoreland . First , as for the Malignancy of the North , it had three disadvantages , first , its distance from the Parliament and City of London . Secondly , the want of good Ministers , which I wish the Parliament and Assembly would heartily consider of , there being not above foure Ministers in the foure Northern Counties capable of persecution by the Enemy , when these Warres began . The people are destroyed for want of knowledge ; If some of that strength which hath been spent at London in endlesse Debares about Discipline , had been bestowed in Doctrine in the North , and such like barren places , Heu quantum terrae potuit pelagique parari , Hoc quem civiles , &c. I wish Ministers were more of the temper of that holy Apostle , who laboured more abundantly then they all , who strived to preach the Gospel , not where Christ was named , lest he should build on another mans foundation . But the warmth and accommodations of the South , and Principles of self-love in men too suitable to them , are fundi nostri calamitas . This hath been the principall means , how the Northern parts both of England and Scotland , have proved so disadvantagious to this Cause . And lastly , the Nobility of these parts , who were well affected , lived out of the Countrey , and the Gentry , ( through the want of the powerfull preaching of the Gospel ) were not so sound , which hath made the North in the condition it was : But yet give me leave to say , that for ought I ever observed or heard , the Commonalty of these parts were never so ill affected , but if due care had been taken to ingage them , they had been as serviceable to this Cause as any other , Northumberland , as Norfolke . But more particularly for Cumberland and Westmoreland , they have shewed themselves the least disaffected of any other , For first , though they were arrayed , by Sir Philip Musgrave , under the pretence of the defence of their owne Countries , yet they never would be perswaded to goe out of them , to the prejudice of the Parliament , ( for ought I have heard ) they were willing to agree with Laneashire , and when they were in Armes , and might have resisted the Scotch Horse , ( for they had that strength , which the Horse thought not fit to force , ) yet upon a Letter from Mr. Barwis , they gave way for the Scots to come in among them . And the County of Cumberland raised 1800. Foot , and 400. Horse at their own charge , under the Command of Sir Wilfred Lawson , for the reduction of Carlile . And these Counties were not so poore , but that in the space of six moneths , or little more , the Scottish Horse and Dragoones had from thence about the value of one hundred thousand pounds , in mony and provisions , more then ever the Earle of Newcastle had from them , which argues they were not so poore , and spent , as that they were sensible of the least thing could be demanded . And to speake more particularly of Westmoreland , where the resistance to the Scots was , though I know no man justifies the action , for they should have addressed to the Parliament , yet these things may be considered . First , they had expended for the entertainment of the Scotch Army , 40000. l. or thereabouts : as much as they could well indure without intermission , so that now indeed they began to be sensible . Secondly , the Generall had so farre resented their charge , that he had under his hand forbidden his Souldiers levies of money . Thirdly , the Parliament had also made an Ordinance for the entertainment of the Scottish Army , dated February 20. laying the charge of it upon all parts of the Kingdome , in their power , that the North might be eased , ( which for ought the Scottish Officers then knew , might be effectuall for their pay . ) Fourthly , the Scottish Horse there quartered , had so full pay for the Winter , that the necessities of the County were beyond the necessitie of the Souldier . These things considered , will make the Westmorland mens resistance , though ( it may be ) not justifiable yet not wholly inexcusable , seeing their ground was necessity , and their end the vindication , not onely of the Authority of Parliament , forbidding arbitrary Impositions by Armies , and ordering other wayes of provision for Souldiers : but of the Scottish Generall who had strictly forbidden the continuance of the assessement . There is added , pag. 39. a bitter , and I think unjust reflection upon the Commissioners , employed by the Parliament in the North , who were Sir William Armyne , Mr. Hatcher , Mr. Robert Goodwin , Mr. Barwis , Mr. Darley , Mr. Fenwick , who put too much power in the hands of wicked Malignants , as Recusants , Prelaticks , men lately in actuall Rebellion , who spoyle the Countrey , oppresse honest men , &c. A high Charge : but no proofe except the Assertion , he sayes indeed that men without exception ( and that is strange , seeing Mr. Musgrave the chiefe of them is a Sectary ) are sent up to the Parliament , to acquaint the Houses with the state of businesse . These mentioned Gentlemen were troubled , that they had no more , or better choyce to make Committees in the North , but certainly , they did to their apprehension chuse the best and most serviceable , and they challenge you to name the professed Recusants . As for Prelaticks and Common Prayer-Booke-men , in that Country where they knew no other Government , or Service , it 's no considerable exception : as for men that have been in actuall Rebellion against the State ; it may be granted , that they employed men , who according to Ordinance of Parliament had been Delinquents , though not active against the Parliament , for want of other ; and for this ; besides their necessity , they had such examples on both hands of them , in England , but especially Scotland , for the employing of neutrall , and not so well affected men , that it may be they passed over this rub with the lesse difficulty . And as for the spoyling the Country and oppressing honest men , the Committee are willing to joyne issue , whether they or the Scottish Army ( for you put me to it ) have most spoyled the Countrey , and oppressed honest men . As for the men deputed from Cumberland , to complaine of Mr. Barwis and the rest ; some of them may be honest , as I hope Mr. Musgrave and his partner are , but certainly they are inconsiderate in this point , they find faults , and 't is easie so to doe , it 's like , in that , and other Committees there are too many , as Covetousnesse and Partiality ( of which who ever are guilty , for their owne sake and the Kingdomes , let them amend it ) but to goe about to disgrace and displace men in Authority , faithfull for the maine ( as they have shewed it ) and not to be able to name men fit to succeed , is but to give advantage to the destruction of their Countrey by the division of it , and to make a gap for some body else , who it may be will lesse mind their good , to strike in . I much suspect the drift of this Author , when he would goe about to possesse us , that all our affaires in the North are in ill hands , but I will not insist upon suspitions . And that Gentleman with some other well-affected to the Publike , viz , . have been too forward in charging the proceedings of Parliament , and their Committees , pleading Magna Charta , and the Libertie of the Subject : Alas , our Ancestours never made provision for such times as these , and if all the Lawes which are to have free passage in times of peace , should now be urged , we could have no Martiall Law , no pressing men , fortifying other mens houses , cutting through their grounds to make workes , and so should lose our Liberty , whil'st we are defending knowne Lawes ( which was the Kings old snare ) cannot serve for dangers unknowne , when the Lawes were made : I hope the Parliament will be as carefull to countenance Law and Liberty as may be , but we must not expect , but that in many cases it should be broken , and onely that it may be preserved . As the case stands with us , it may goe for Malignancy or high indiscretion , to oppose and quarrell with the proceedings of the Parliament ; God hath made them Instruments of much good , and I hope will of much more . The Reader is desired to pardon this digression , the discontents fomented by some against the Authority of the Houses , is so dangerous , that it hath inforced it . From the 41. to 44. pag. The Author of the Manifest gives an accompt of the advance of the Scottish Army Southward in the Spring , where he tells of their march from Newcastle to Rippon , and from Rippon into Westmoreland , and so to Rippon againe , and then to Nottingham , and casts in the story of the printed papers called the Manifest . The excuse of the Scots , and the fault of the Countries is declared to be in the slack providing of Draughts , and Provisions . But let us examine the true state of the businesse , concerning their marching or not marching Southward , that is , over the Trent , till the later end of Iune . The Parliament upon the grounds mentioned in the Narrative , sent for their speedy advance Southward in March , and sent them 30000. l. in money , their desired proportion of Armes and Ammunition to fit them for service . The Manifest sayes , that the delay of the march from Newcastle to the first of May , was from the unreadinesse of Draughts . The losses and wants of the parts about Newcastle sustained in the siege , and by assessements all the Winter , had made them , though not so able , yet very willing to forward the advance of the Scots , knowing their ease by it ; and it will be proved , that in the midst of the complaints for Draughts , divers of their Officers , tooke money of those that brought them in , and released them : But that is a small matter : They came to Rippon , or at least part of them about the beginning of May , how comes the stop there ? It 's alleadged to be want of Draughts and provisions . First , for Draughts , certainly the County of Yorke could not so little understand their own condition ( of which their suffering could not but make them sensible ) if they had not had an apprehension of the publique Service , as not to afford them all possible Requisites to their march Southwards : for as for the County , it did undergoe ten times the charge by their stay there ; and as for my Lord Fairefax , and the Committee , they were so apprehensive of the Inconveniences of their not marching , that they saw besides the disappointment of the Parliament , their owne forces in danger of ruine by the quarter and assessements of the Scottish Army . Concerning Draughts , I adde this further . The not relieving Draughts by the way , and not restoring them when they served their proportion , and exacting money for freeing them , makes the people more backward then they should , or otherwise would bee . For it 's certaine , that the Heresordshire men were some of them at Northallerton in Yorkeshire seeking their Draughts this Winter , and the Yorkeshire , Cumberland , and Westmoreland men , were forced to give money for releasing their Draughts , and some to sell their Oxen at under rates , and leave their Waynes behind them . And truly I am not satisfied , how the Scottish Army should come by Draughts so easily to march back into Westmoreland , as to be ready on a sudden , without further trouble to the Committee to march thither , but could get no accommodation for marching Southward . If they used the same rigour for Draughts for Service ( which is more reasonable ) as they doe for money for subsistance , they would never want them long : Will you give me leave to say , that was not the onely reason , but that time was not the season of their marching . For when our Commissioners came to a Randezvous at Bramham-moore , Lieutenant Generall Lesley upon their appearance , came gallopping up with this expression , I have it , I have it , and tells them he had received intelligence from Sir VVilliam Brereton , that the King was sending a flying Army through Lancashire into Scotland , but the Letters were not produced to our Commissioners , who therefore moved for surer intelligence , before they marched toward Westmoreland , and went away with that expectation : but the next newes they heard was , the Scottish Army marched early next morning , and were gone twenty foure miles before they heard of them : And thus went they backe into VVestmoreland , where they were when the King tooke Leicester . And since the Manifest addes , they had come sooner from Westmoreland , but that they also were slow , and unwilling in providing Draughts and Provisions : Give me leave to say this for truth ; that when they were to march back from Westmoreland , the Yorkeshire Draughts which brought them thither were not gone back , and thereupon Mr. Barwis and the Committees there , ( to spare the paines and hazard of their owne Draughts ) would have agreed with the Yorkeshire men for a summe of money , to let their Draughts be employed back againe , which was refused by the Scots under pretence of trouble to the Yorkeshire men . So that Westmorland Draughts must needs goe , and Warrants were granted for 75 by the Committee of Cumberland & Westmorland , which came in so well that the Generall of the Artillery gave a very good testimony to the readinesse of the Committee and County , notwithstanding all their pretended disaffection : And so much for the businesse of Draughts ; Unlesse I should adde the story of that Officer who at the Siege of Newcastle sent for Draughts to Barwick , and then sold the Oxen. Now for Provisions , let me adde something . First , it was expected that the Scottish Army upon the Receipt of 30000. li. to inable them to advance , should have made some provision of victualls to be carried along against a time of necessitie , for in their ordinary Marches not neare an Enemy the Country would afford it . Secondly , the Scottish Generall sent to the Committees of Yorke onely to cause Provisions to be brought to the places where the Army should lodge from night to night , and not the provision of a Magazine , which they would have done rather then have occasioned their stay in Yorkshire , to the prejudice of the Publique and themselves . Thirdly , when they came and demanded provisions , the Committee used all possible diligence to procure them , onely they desired a full resolution for their March Southward , before they delivered them . And when the Army was marching into Westmorland , the provisions were going toward Brambam-Moore , and those parts . Fourthly , Why could not they as well march Southward toward Nottinghamshire , a very plentifull Countrey , without such a stocke of Provisions , as over Stainemoore , a most barren place , and goe into Westmorland , a Country which the Manifest sayes was so spent , that they were sensible of the least Demands ? And for Provisions when they came from Westmorland , in a very short space , they had foure or five dayes provision , according to their demand of 18000 weight per diem , made ready for them , by the speciall diligence of Mr Barwis , to whom I cannot but give the testimony of a very honest and faithfull man to the Publique , and one who hath deserved better at some mens hands then he hath found . And so about the beginning of Iune they began their journey Southward againe , and passed speedily through Yorkshire , without any of those difficulties which hindred ( as is said ) their march before . And in the meane time Lieutenant Generall Cromwell being a man not acceptable to the Scots , and excepted against as one whom their Army would not joyne in service with , was called back , and Collonel Vermuden sent with a Party of Horse to strengthen their Army , but he not finding them , being gone into Westmorland , he marched back , not without hazard , and came and resigned his Regiment before Naseby fight . I have no more to adde in reference to this part of the Manifest , but to remark his observation on the Yorkshire Horse , which he saith were not a third part of the thousand armed . Give me leave to answer ; the Yorkshire-men had been better horsed and armed both , had it not been for the very great burthen upon that County , by reason of the Scottish Army , which was one reason of the distraction of those Forces . As for what he saith about publishing the Papers delivered in to the Houses of Parliament , by the Scottish Commissioners , under the title of the Scots Manifest , by I know not whom . If the Commissioners hand was in the printing , sure they would not have disclaimed it , as this Author saith they did , if their hand was not in it , it was printed underhand , contrary to the passage of play underboard and clandestine dealing , Pag. 51. As also the Letter from Nottingham , signed by the chiefe Officers of the Army , which was sent to the Parliament and not to the people , and I thinke ought not to have been published without the consent of them to whom they were written : I suppose them that wrote it knew as little of the printing it as they that received it ; but if printing Letters be so convenient , you may soone have enough of that worke . In the 46. & 47. Pag. He addes a word or two about moneys received by the Scottish Army , provisions made for , and the behaviour of the Army . To which first he gives an assurance in the name of the Scots ( which I know not what authorlty he hath to use ) that they desire an universall tryall of all things , it may be so , but his warrant is not sufficient . To these he gives briefe answers ( scil. ) short of money , scant of provisions , of their carriage indifferent . Give me leave to adde something more . First for money , it cannot be denied , but that the proportion of money allotted them by the Treaty was not paid monethly , neither doth the Treaty undertake it shall exactly , for ( knowing the want , and distractions of the Kingdome ) there is an addition made of Publique Faith , for the part unpaid ; but I adde these things . First , that the Parliament hath not been able to give them their expected pay , for all the Counties of this Kingdome , except London , and the Association for the maintenance of the English Army , have either wholly or in some part been under the enemy , or been constrained to maintaine a force for their defence ; so that they could not afford much ( especially through the wast , and depopulation following the warre , the estates of Delinquents which was principally intended for the way of their maintenance being made little of ) and whether the Parliament should so dispose the part left free , as not to have some maintenance for an English Army , for the service of England , let reasonable men judge . Secondly , though they have not had so much as might be expected in an orderly way , yet some way or other , by their own unwarranted assessements and otherwise they have had no small Sums : The particulars must rest till the accompt : And they were so vigilant ( let me not say violent ) in making provision for themselves , that it gave occasion to many to remit their care and indevour in providing for them . And lastly , although the foote Souldier doth not abound , for he is kept to his foure pence a day in provision , yet the Officers and Horsemen have not felt any want this long time , as appeares by their very liberall expences in clothes and drinkings , which every Market-Towne neare their Quarters can witness . If the Parliament could have paid them duly , and did not , they have been very ill husbands , for certainly it were farre better for this Kingdome they received money to disspend here , and pay their Quarters , then to referre to the confused reckoning for Quarters , and sending money into Scotland . I could wish that this Kingdome were not so forward in their promises and undertakings , for no man lookes at our willingnesse in promising , but reflects upon our weaknesse in performing . As for their pay comparative to other Armies , wee can affirme that in other Armies there is as much want among their foote , who sometimes have neither money nor provisions , and not so much excesse among the Horse : wee know Forces in England , that have had as little pay as this Author saith this Army had , a moneth in seven , and yet never assessed the Country without leave from the Parliament , nor used violence towards the people , but were content with Free Quarter , who have yet done very good service too . As for Provisions , the instance of Hereford shall be satisfied in its place : As for other places I am sure there are many have been very glad to give what they could , or had , and be glad if they might so escape ; and as for that foule imputation of some mens detaining Provisions , that so the Army might be dis-inabled for service ; certainly those men as they are no friends to the Scots Army , so are they enemies to the Parliament and good of the Kingdome ; and this Author is bound to discover them by his Covenant ; We have had more need of their service , especially before Naseby , then to hinder them from it : As for the disorders of the Army , the Author is in some measure ingenuous , and confesses the necessitie of some miscarriages which will be in an Army , especially unpaid , but I may say safely I know Armies better ordered ; want of pay is some excuse for Free Quarter or Pillage , but for rapes , murthers , violence , swearing , drunkennesse , I know none , neither doe I beleeve them to be punished , according to Ecclesiasticall and military Law , as is pretended . And take it not ill , that I say , if you love the Presbytery , reforme the Army , for it is very scandalous . Pag. 51. He proceeds to the constitution of the Committee of both Kingdomes ; and Pag. 56. & 57. to the corruptions of some of the English of that Committee , let us consider of both . It 's true , the Parliament out of their earnest desire of a most arct union with their Brethren , desired a conjunction not onely of Forces , but of Councels , which so long as both Kingdomes doe earnestly and entirely promote the common interest of both in the same way , hath its advantages ; but giveme leave to say , that as the matter is ordered , the conjunction is not equall in every point , for Scotland hath besides their Committee joyned with ours for the regulating their Army in our service , Commanders interested in the knowledge of our especiall affaires , and the ordering of our English Forces , we have not so in Scotland , but are meere strangers to the businesse , and Armies of that Kingdome , notwithstanding the great dependance that our affaires have upon theirs while wee have a common enemy . And further , they have Committees joyned with ours for the raising and receiving money , as at Goldsmiths Hall , and at Newcastle , where at first a lock was set upon the Customehouse-dore by the appointment of the Scottish Cōmittee , with an intent solely to administer the money-businesse there , afterward they were content with a mutuall key , of so ill credit are our English Officers ( I know not the reason ) but wee have no joyned Muster-Master nor Pay-Master of that Army to take accompt how the money is expended , but these are things I have little to doe with , yet they are manifest truths . The constitution of the Committee , I know none disallowes when the Parliament hath consented to it : but let us looke to the corruption where it is found , that contrary to the Order of that Committee where the Scots have a negative voyce , and nothing is done , or at least ought to be done , without their knowledge and consent , concerning Peace , or Warre , publiquely or privately , directly , or indirectly , &c. Two things have been foully carryed on the English Part. First , the naming and assembling a Sub-Committee without knowledge of the Scots , this was in my Lord Savills case , who came with overtures of getting Oxford delivered to the Parliament , and Gorings Horse brought over to us , where it seemes the Lord Say , Mr. Soliciter , and Mr. Crew were appointed to speake with him , which they had like to have paid deare for , in regard that a Minister of London , unadvisedly being set on by a Scottish Minister , and Commissioner , went to the Exchange , and misreported the busines , that some men of speciall note in our Parliament , were treating with the Enemy about delivering our Townes to them , to the amusement of the City , and the danger of the Gentlemen . Let the Reader consider the time , and circumstances of this accusation , and judge whether it were not a designe fitted for the ruine of the New-Model'd Army , and those who had been active in it . But they that knew the Order and , practise of that Committee , affirme this was not unusuall , nor had been before excepted against , to appoint a Sub-committee all English without a Scottish Commissioner . And the House of Commons after solemne hearing the whole businesse , adjudged that the Sub-Committee had done their duty , and order'd Mr. Cranford to acknowledge his fault , and pay 500. l. to each of them , though I beleeve they regard no pecuniary benefit . As for the latter concerning Pat: Napar , I am informed the case was this , the Lord Lauderdaile told the Committee , there was a Scottish man had businesse to impart to them concerning Oxford , a Sub-Committee was appointed ( the Committee sitting ) whereof the said Lord was one to examine the man , and receive his information , which was concerning the Forces and Provisions in Oxford : but his Information being only coincident with intelligence formerly received , it was the lesse regarded : but as for that secret of the easie place , it is easier to say then to prove it , for the Gentlemen of that Sub-Committee knew of no such advantage , and therefore could not disclose it , and therefore let Patricke lay his hand upon his heart , &c. as is advised , pag. 57. But why will you give me so just , nay so necessary occasion by the mention of these deviations ( as you make them ) of the English Members of the Committee of both Kingdomes , from the Rule , to put you , and others in minde of the carriage of things betwixt the Scots Committee , joyned with the English Commissioners in the North , for ordering the Scots Army , where the English have been so farre from having a negative in any thing , that in many things they have had no vote at all ? How often have those Forces been disposed of , diminished , increased , removed from place to place , from England to Scotland , and back againe , without the knowledge and consent of our Commissioners ? How are some Garrisons put into English Townes and Castles , without their consent required , others without their consent obtained ? for there is no Scottish Garrison in any English Towne , or Castle , which hath the consent of the Parliament , except Barwicke , where a Governour was placed with the approbation of the English Commissioners , to whom equally with the Scots , the disposall of the Army is by Treaty committed , and this hath been done , or at least not altered , by the Scots Committee of themselves without sending to the Parliament , or convention of Estates in Scotland , as we are constrained to the Parliament of England , in case of the dissent of the Scots , so that there we have no negative , or to no purpose , which is here so strictly expected ; I am sorry you have put me to this discourse . Pag. 54. 55. as also 59. 60. you will pardon my going backwards and forwards , I must follow my Leader ; The Manifest gives an accompt of the divers correspondencies of the Scots Commissioners , sometimes with one sort of men , sometimes with another : I suppose the Gentleman may be bolder with them then I : they are men in publick employment , and should not be bandied by a private pen , I shall say nothing to their disadvantage , they notwithstanding any alteration of their company have kept constant to their Principles , and Counsels , which have been to set up the Presbyteriall Government in England ( which is their declared businesse ) and that in full power and vertue , without connivence at Sects , Schismes ; this could not be done till the common Enemy was weakned , and therefore both the Scots and Independents might well joyne , for they both had hopes : but when the Scots saw the Sectaries not altered in opinions , but expecting the Liberty of their owne practise , the grow strange to each other , as being bound severall wayes , and to supply their place another party strikes in , partly out of concurrence with the Scots in Church-Government , and partly out of envie and opposition to the Independents , who as they thought had supplanted them : but since those men who were most averse to the coming in of the Scots , greatest strangers afterwards , most forward to have them gone , are so handsomely come about to an intimate conjunction with the Scots , quid non speremus ? the world may turne once againe , and the old friendship may be renewed , let us not be too much prejudiced . And the Author reduces this mistake to the Church-Government ; as I doe ; onely he speaks of a stipulation given from the English Commissioners to the Scots when in Scotland , to goe heartily along with them in setling Church-Government , I know no private stipulation , as for the Covenant , which is the mutuall publique stipulation , I hope we shall all stand to , to endeavour Reformation according to the word of God ; but if my observation faile me not , the distances ( though I desire not to meddle with them ) have been also kept with men like affected with them , for the maine of Church-Government , and was occasioned also by the businesse of the new Modell , of which more by and by . Pag. 57. 58. There is mention made of the unreasonablenesse of the Siege at Oxford , while the Enemy was ranging abroad , and calling back the Party that followed the King , both being against the advice of the Scots , and how fit it was , rather for Sir Tho : Fairfax his Army to follow the King at that time , then the Scots , and herein referre to the condition of each Army . And since we are called upon to try these things , and not suffer them to be carryed away in hugger mugger ( as the word is ) let it be tryed . First , for the siege at Oxford , of which I thinke this a true accompt , it is well knowne how earnest endeavours there were almost on all parts , to hinder the new moulding of the Armies , how when seven thousand Horse and Foote were got together about Redding , and Windsor , they were dispatched into the West , and when they had marched as faire as Blairford , which is about seventy miles from Windsor , they were by Order from the Committee of both Kingdomes divided , and Sir Thomas Fairfax with 3500. commanded back towards Oxford , where the King had joyned his Horse , and almost compleated his Army for the Spring , so that Sir Thomas Fairfax with his party could not march through Wiltshire , but was constrained to goe through Hamshire for safety ; before his returne the King marched from Oxford , Lieutenant Generall Cromwell , and Major Generall Browne followed him as neare as they well might , with another part of the Army , so that , that Army was already in three parts , farre distant from each other ; the desires of the Parliament were sent downe to the North , for the speedy advance of the Scots Army , which was fitter for the field then Sir Thomas Fairfaxes , for they had twelve or fourteen thousand men in a body , in Yorkeshire , and besides the Yorkeshire Horse , a Party of the new Modell ( which makes another division of the Army ) was sent under Collonel Vermuden to joyne with them , so that they wanted neither men , money ; ( for 30000. l. was sent them in order to their advance ) Armes , nor Ammunition , which also they had received in good proportion : as for Draughts and Provisions we have said enough before : but Sir Thomas Fairfaxes Army , when joyned with Cromwell , Rosseter , and when Vermuden not finding the Scots Army , which was gone into Westmorland , was returned , and when he had the accession of some Association , and Northampton Horse , was but eleven hundred , or thereabouts , and therefore was it thought but reasonable that his Army should have a little time to gather together ; and that the pretence of sitting still might not be made against it , it was appointed rather to lie upon the Enemies Quarters about Oxford , then our owne , that the reduction , and recruiting of it might be perfected . As for the calling back the Party following the King , they were too weak to follow him , because too weake to fight him , for they were but equall ( when joyned with the other part of the Army ) at Naseby fight . And besides if they had advanced , it had been under the Command of Lieutenant Generall Cromwell , with whom the Scots had no mind to joyne , and so the Service might have been prejudiced . And so have you the story of the Siege of Oxford , in which you think there is so much disadvantage to the Publick on our part . Pag. 62. We have a story of the Treaty at Uxbridge , wherein this Author ( as if he meant division ) is not content to extoll the faithfulnesse , Resolution , Prudence , knowledge of the Scottish Commissioners , which never was questioned : but he reflects unworthily upon the English Commissioners in these words . The Kings Commissioners feeling the Pulse of the Parliament Commissioners , did promise unto themselves , upon what ground they know best , or at least should know , that they could carry all things to their minds , if it were not for the rude and stiffenecked Scots , ( it 's his owne language ) who were so firme to their Principles , and resolved rather to follow on the worke with honour and Conscience , then to yield to a base agreement to the prejudice of Church and State . Consider here , first the charge , that had it not been for the Scots , distinct from the English Commissioners , the Court Commissioners had compassed their ends , which were certainly very disadvantagious , if not destructive to the Parliament and Kingdome , which without straining amounts to thus much ; that the Parliament sent Commissioners to the Treaty , that were either so unwise , or so unfaithfull , as that , had it not been for the Scottish assistants , the Cause of the Parliament and Kingdome , had been through them prejudiced , if not betrayed . And to this in opposition to the English , he makes an addition of the firmenesse , honour , Conscience and resolution of the Scottish Commissioners . I wonder at this in stead of answering it . Let us consider who were employed , men we alwayes had an honourable opinion of , and shall have , notwithstanding any such unjust and unworthy suggestions , which have no proofe nor can have , to whom we must give this testimony , that in that , as in other our affaires , they carryed themselves with all diligence and faithfulnesse , so that the Treatie ended without our prejudice , and there an end of it . Pag. 63. The next thing in order is the new Modell , wherein the Parliament is a little beholding to him , for he justifies that action of the Parliament , by the necessity of it , in regard of the faults of some who were imployed in the Armies , which the Parliament had attempted to amend in a faire way , but to small purpose . To which let me adde another reason , that by the reduction of the Armies , the Officers were abated , especially the most costly ones , as Generall Officers , and the charge lessened , that the Parliament might be the better able to pay other Officers in their Service . We are told of the interposition of the Scottish Commissioners in that affaire , advising the Parliament by their paper put in to that purpose , to chuse ( as this Author sayes ) men of ability and experience , and faithfull to the cause , which latter he expounds to be men , not inclined to Sects , and Schismes ; I remember that paper of the Scottish Commissioners , was then wondred at , but now it is not ; If their counsell were followed , as this Author confesses in some degree it was , there is the lesse reason to complaine , but who ever complaines , I thank God for the new Modell . And before wee passe from the new Modell , two exceptions must be cleared , which this Author makes concerning it . First , Concerning the Covenant , pag. 64. where he wonders and doubts , he wonders it should admit any debate in the Parliament , whether the Armies should be put to the oath ; and then why the common Souldiers should not be put to it : and then doubts that the order for the taking of it by the Commanders is not so well observed . For the debates and orders of the Parliament , I doe not use to debate them over againe , especially when satisfied in these two things , that a common Souldier that hath not taken the Covenant , may doe very good service to the Kingdome , and that there is not the same reason why it should be pressed upon them as upon the enemies coming in , because we doubt them more then we doe these , and therefore offer them a discovery and engagement . But for the Covenant I have taken it , and approve the taking of it , though I have neither power nor will to compell it . As for the doubt that the Officers take it not , I cannot satisfie it , but I am sure they doe the things that it obliges to , better then many that have taken it , and to mee a Covenant not taken is much better then a Covenant not kept . To which I adde , Novimus & quite , wee can tell you when and where , the Scottish Army hath in articles of Treaty and surrender agreed to an article in these words ; That the Nationall Covenant shall not be inforced , either upon Officer , Souldier , Gentleman , or Clergy-man , as in the Capitulation for Tinmouth-Castle , and to the like purpose at Carlisle , though our Armies have alwayes ( for ought I ever heard ) refused to accept of any such article , as at Bristoll ; but require a subjection to all Ordinances of Parliament . So that notwithstanding this exception , it seemes our Commanders either love the Covenant better then they , or Castles not so well . As for the reason of some mens backwardnesse to the Covenant , which is alledged to be their aversenesse to the Presbyterian government , I see no reason why that should be a reason , because there is no mention of the Presbyteriall government in the Covenant , nor ( for ought I know ) any intention of it any further , then it is found agreeable to the word of God , which wee all professe a submission to . And it is well knowne that learned and godly men , though not satisfied in the Presbyteriall government , have taken the Covenant , as knowing that no particular government , but the word of God , is set up as the rule of reformation . It may be your interpretation of the Covenant to reach so farre , and your addition of the Church of Scotland , may discourage men from taking it , lest not interpreting it as you , they should give you the scandall of Covenant-breaking . Here comes in the ●●rned dispute of active and passive obedience , where it is affirmed that passive obedience is a great absurditie ; That is onely an absurditie in language , which is an absurditie in use , for use makes propriety ; but this expression being very common ( and that among Scholars ) is not absurd . And therefore this Author gives so much respect to Divines , as not to except against their use of this expression , with respect to Christ . Obedience is taken either positively , for performance of the command ; or privatively , for not resistance or submission , as Phil. 2. 8. He became obedient unto death ; which is ordinarily called passive obedience . He saith all vertue consists in action , Moralists say so , but yet they allow silence and patience to be vertues , which cannot be said to be actions , but rather forbearances of action ; though some intimate act of the minde belongs to them , as also to this submission ; It is accounted a great vertue or rather grace in Christ , that being reviled , he reviled not againe , yet there was no action . But your principle makes well for the new Modell , if all vertue consists in action , Sir Thomas Fairfax his Army being active , must be concluded , vertuous , notwithstanding Independency . Before I come to the second exception about the new Modell , scil. the leaving out the Scottish Officers , notice must be taken of a loose discourse , Pag. 67 , 68 , 69. occasioned by a Speech uttered publiquely , by one to this purpose , That the maine quarrell the Parliament stood for at first , and thereafter , did take up armes for , was not Religion , nor the reformation of the Church , but the freedome and libertie of the Subject . Which saying he pleads to be injurious , but handles it injuriously ; for he makes the sense of that speech to be this ; The Parliament did not from the beginning intend a true reformation of Religion , wch it affords not , the Parliament may intend reformation , and yet not fight for it . And without prejudice to the Parliament , let me declare my opinion . The Parliament ( I doubt not ) did looke at Religion as the foundation and perfection of the Kingdomes happinesse , and had it chiefly in their eye . Some indeed have thought them more intent to Liberty , upō a mistake they could not be earnest for Religion , unlesse they were for Liberty , ( which is the fence and preservative of the practise of it ; ) But yet if I were asked the ground of the Parliaments taking up armes de facto , I should not answer the reformation of Religion , ( for I make some question whether Religion , especially the reformation of it , be so proper a quarrell for the sword ) but that seeing the King instead of suffering Justice to be executed upon offenders , prepared violence against the Parliament , and in it against our liberty , with all the fruits of it , ( of which the enjoyment of Religion was the choicest ) they raised an Army to defend us and themselves , that they might sit with freedome and liberty to performe their trust , for the preservation and reformation of the Kingdome , which they have attended as much as the difficulties and distractions of the times would permit . And to that end called an Assembly of Divines , that they might from them receive some light to direct them in the execution of their power in matters of Religion . He spends some further time in discussing that Position , Whether Liberty were the maine quarrell . I answer , They looked at Libertie , primò , but not primariō , Religion as the furthest end , but Liberty as the next meanes : The infringement of libertie gives advantage to corruption in Religion , as our Adversaries well know , when they with equall pace brought on slavery and superstition . Here the Author takes a needlesse ground to tell the people that which is not true , That they are in a worse case in respect of Liberty then formerly , by paralleling Committees with the Star-Chamber , and Taxes with Ship-money . This sounds more like sedition then truth ; For howsoever Committees may be guilty of partialities and miscarriages , yet their maine intent is our preservation , not our burthen , as the other Courts were . And we have now a better appeale from a Committee to the Parliament , then we had from the Star-chamber to the King . Injury may be done now as well as then , but not so professedly , or with so little remedy . And as for taxes heavier then Shipmoney , I wonder either at your face or at your judgement . In the beginning of the 70 pag. you make a plaister of the necessitie of taxes , but it is not so wide as the wound : The wiser of the people see and discover your fallacious dealing , and see a great deale of difference betwixt the Kings destroying their right in Ship ▪ money , and the Parliaments preserving their right notwithstanding taxes , which I hope will not last long . I passe to the second exception against the new Modell , pag. 72. 74. which is led up by a story of the Kings courting the Scottish Officers , and his successe , which I meddle not with . The exception is , that at the making of the New Modell , were cashiered of the Scots in one day above two hundred brave fellowes . I answer , the Parliament were entring upon a way of good husbandry in reducing their Armies , and it may be , they thought these brave fellowes would be too chargeable . But in earnest , you say two hundred of the Scots were cashiered , you should have used a milder terme , and said reduced . Cashiering implyes a fault , Reduction none . As two hundred Scots , so soure hundred English were at that time put out of employment , and brave fellowes too for ought I know . It 's strange to mee that the Parliament of England should not ( without exception ) forme an Army as seemes best to them for their own defence and the Kingdomes ; Especially when the Scots had so great an Army in England , and another in Ireland , where employment was to be had . But the Parliament to shew they had no nationall respect , named foure Colonels of the new Modell , and some Captaines , besides a Lievtenant Colonel , who is adjutant Generall of their foot , a place of great trust ; who all except the last refused to serve . The grounds of their laying downe are said to be three : First , because the rest of their Countrymen were not employed ; There was no use of them , if we had men of our own Nation , they were , in reason , to be preferred , ●eteris paribus ; and it is not without its exception , that they will not serve unlesse so many together . Secondly , They were nominated to inferiour employments , that is a question , they were but Major Generalls to Major Generalls , and Commanders of parties , but I stand not upon that ; Let the Earle of Manchester , & Sir William Waller be Generalls , yet those Gentlemen knew , that in the places they came from beyond Sea , if they returned they must accept of such employments as these , or lower , and I hope we shall not have a perpetuall warre in England . Sudden risings from a Lieutenant Colonell to a Lieutenant Generall must have fudden falls . Thirdly , Men unacquainted with warre and averse to the Covenant , should have been employed with them , from whom they could not expect true sellowship or obedience to Orders . The men have confuted your Exception for Military vertue , by their diligence and valour ; And though there be in the Army men that have taken the Covenant , and make conscience of it , yet if there be any that have not , there is no discord , but all unanimously prosecute the ends in the Covenant , so farre as they are matter of Warre . As for your question , Whether the Parliament in leaving out some , or the Officers not left out , in laying downe their Commissions were more in the Wrong ? It 's answered , neither of them in the Wrong . Me thinkes he that considers how faithfull and how succesfull the Army under Sir Thomas Fairfax hath been , and reckons up Naseby , Leicester , Langport , Bridgewater , Sherborne , Bristoll , Basing , Winchester , Barkley , and other Honour which God hath put upon that Army , should be well content with the New Modell . But an Objection followes ; But God hath blessed the honesty and piety of some men extraordinarily in the new Army , so that great things are done by it . This is a sad objection : but you answer'd it by acknowledging the good done , but no thanks to the profession of Holinesse of this , or that man ; they will joyne with you , and say in the Apostles language , Acts 3. 12. neither their own power or holinesse , much lesse the profession of holinesse hath done any thing , but the name of Christ , in which they have troden downe their Enemies . As for the passage concerning the Generall , that he is little spoken of for doing much ; he sees the hooke and neglects the baite ; God and all good men love and honour him . He proceeds in this 76. page , to shew how fit it is to employ fit men , lest God be tempted ; It 's granted , and was practised ; the Gentlemen imployed were fit men , they were many of them godly men : slight not that , Godlinesse is profitable for all things . They were , and have approved themselves diligent men . Another speciall requisite in a Souldier ; they were , as hath often appeared , stout and valiant men : But what shall we doe for experience ? I answer : some men gaine more experience in two yeares , then others in ten , because they are more advertent , and have better parts . And for our English Warres , our English experience is as good as any , and we have had more experimentall Service in these three , or foure yeares warre in England , then falls out in other parts in a farre longer time . But we desired men of forraigne experience , and they refused , therefore we must take English . Let me here adde an advertisement to my Countrey-man ( for I suppose I am taken to be an English-man ; ) It hath been , as the usuall disposition ▪ so no small fault of this Nation ( contrary to the good example of their neighbours ) to depresse one another , admire and adore strangers for unknowne vertues , which hath kept this Kingdome lower in its Reputation then it deserved : I shall not doubt to deliver it for a Position , that you have at this time ( especially for our English affaires ) Souldiers of your own Nation , so able and active in Service , that if you goe further , for ought I know , you may fare worse ; and if God give us but grace to imbrace union instead of faction , wee may doe him a great deale of Service , and ourselves and Neighbours right . A word more , Pag. 77. The Author accounts it a misery , why in the framing an Army , there should be more regard had of the Piety and honesty of the Officers , then the Souldiers . This mystery is very clear in Scripture , and Reason . First , God lookes more at Commanders then inferiours , Ier. 5. 4. 5. Loe , these are poore tnd foolish , I will get me to the great men , if they breake the bands , a Lyon out of the Forest comes in . Secondly , in reason ; good Officers may reclaime and restraine Souldiers by authority , and example , and so cannot good Souldiers ill Officers . But I have done ; a businesse of moment followes concerning Carlisle . Pag. 77. The Author of the Manifest enters upon the businesse of the Siege and reduction of Carlile ; and to make this businesse cleare , since I omitted the Relation of it in the Narrative , I must adde it here . Carlisle was in the possession of the Enemy , when the Scots entred . After Yorke was taken ( it being thought a considerable place , to hold footing in the North ) Sir Thomas Glenham was sent thither to command the Towne . In September , about the beginning of it , the Commonalty of Cumberland and Westmorland , laying downe their Armes , upon the desire of Mr. Barwis , Sir Wilfrid Lawson , and others , the Scots Horse being six Regiments , and one of Dragoones , commanded by Lieutenant Generall Lesley , went into those parts , yet went not direct to Carlisle , but stayed at Penrith , in which time Carlisle was further victualled ; after that they draw neare , and with the assistance of Sir Wilfrid Lawson ( who had raised some strength of Horse and foot ) blocked up the Towne . After this in the latter end of October , some Regiments of the Scots Horse were removed , and onely two and the Dragoones remaining , which with the Forces of the County , were thought sufficient for the Service , and as many as the Country could well beare ; Thus was Carlisle straitned , in which Service the English kept five and sometimes six Posts , and the Scots but two all that Winter . Toward the beginning of Aprill , those two Counties of Cumberland and Westmorland , having lyen under heavie burthens , amounting to 80000. l. or thereabouts , which the Scots Horse had received ( besides the charge of maintaining their owne Forces ) began to grow impatient of their burthen , and after they saw that ( notwithstanding the Ordinances of Parliament ( forbidding all Arbitrary assessements , and appointing a way of provision for the Scots Army ) and the order of the Generall , to forbid all taxes from the first of March ) their oppressions were still continued , the Westmorland men resisted the collection of them , thereupon the Committee of both Kingdomes at Newcastle , sent a letter to the Committees of those Counties , dated Aprill 21. 1645. subscribed Leven Callander , William Armine , declaring that , if those two Counties would undertake to raise , and maintaine sufficient Forces , to keepe in the Garrison of Carlisle , the Scots Horse should be removed ; hereupon the Committees of Cumberland , and Westmorland consulted , and agreed to undertake the Service , and gave notice thereof to the Committee at Newcastle , and the Scots Generall in a Lotter , dated Aprill the 25. 1645. and provided three thousand Foote and six hundred Horse , which with the advantage of the workes , they had made , were sufficient to the worke : but in stead of removing the Scots Horse , a Regiment of Foote were sent to Carlisle , with three peeces of Ordnance , when the Scots marched Southward from Newcastle , and Sir Iohn Browne sent word to the Westmorland men , coming up according to agreement , to the Service against Carlisle , that he would fight with them if they came on . After this , the whole Army marches into Westmorland , and sends more commanded men to Carlisle , and impose seven thousand pound a moneth upon these two Counties , for the maintenance of their Force before Carlisle ; ( besides the maintenance of their owne ) and that , after Declaration made under the hands of the Earle of Leven , Calander and Armyne , dated Aprill 25. 1645. that no Taxe should be laid upon them , but by Authority of Parliament . About this time the Lord Kirkbright , who commanded the Scots Force therefor that present , sent orders to Lieutenant Collonel Beecher , Sir Wilfrid Lawsons Lieutenant Collonel , to quit a Fort which he had made at Bockerby Mount , and to resigne it to three hundred commanded Foot of the Scots Army ; the Lieutenant Collonel refused unlesse his Collonel gave consent ; thereupon the noble Lord replied , he desired no better occasion to cut them all in pieces , and said he would command my Lord Fairfax , if there , and sent his Foot and some Horse to beleager the Sconce , instead of the Towne , which was not well . After this ( about the middle of Iune ) when the time of Carlisles surrender drew neare , the English Commissioners , having received instructions from the Parliament , concerning the place , and the Government of it when it should be reduced , went thither , but no Scottish Commissioners to joyne with them , the English and Scots were both desirous to be possessed of the Towne , the English thought it but reasonable , to be trusted with Carlisle on the Scots borders , as well as the Scots with Barwick on the English , especially , they having Garrisond Newcastle , and foure other places besides : the English Commissioners ( no Scotch Committee being there to joyne with them ) sent to Sir Tho : Glenham , that if he would surrender the Towne , they would propound him conditions , and the security of the Parliament for performance . The Lord Kirkabright meets the Drum , examines his businesse , and gives way to his going in ; Sir Thomas Glenham desires the security of a Generall , for the performance of Articles , and thereupon , a Messenger of his owne , one Captaine Philipson is sent to my Lord Fairfax and the Earle of Leven to know their pleasure , having a passe from the English Commissioners , and the Lord Kirkabright , and being accompanied with an English Captaine from the Commissioners , and a Scotch Officer from the Lord Kirkabright ; he goes to my Lord Fairfax , but finding my Lord of Leven to be gone out of Yorkeshire , and the time for his returne well-nigh expired , he durst not adventure to goe into Nottinghamshire , to the Earle of Leven , his Passe being limited onely to Yorkeshire , and therefore he returned to Carlisle , and my Lord Fairfax writes to the Earle of Leven about that businesse . David Lesley in the meane time , was sent with all speed towards Carlisle , he comes thither before the Messenger returnes and forbids his going in , whereupon Sir Thomas Glenham seeing his Messenger stopped by the Scots Commander , notwithstanding the Passe of the English Commissioners , and the Lord Kirkabright , he supposes they had most power , and falls to Treaty with him , which Lieutenant Generall Lesley never acquainted our Commissioners with , but notwithstanding their minding him of the Treaty , and Covenant , their Protestation against his proceedings without them ; he concludes the Treaty , set Guards of Horse upon the English , enters the Towne , and puts a Garrison in it , where it yet remaineth . This is a true and briefe account of the siege and taking of Carlisle . Some Annotations must be made upon the Narrative in Truths Manifest . First , he chargeth the English Souldiers , that lay there , of being false to the Service , in shooting powder , suffering Provisions to goe in , entring into combination with the Enemy , to fall upon the Scots , and promising not to help them . These accusations are as false , as foule ; it is strange these things were never questioned , nor complained of , till now the Towne is taken . We can assure that a Scottish Officer being desired to relieve Collonel Cholmleys men , when the Enemy sallyed out , he refused to stirre being at the next Post , and neare at hand , and suffered the men to be lost , shew us such a carriage of the English . If want of Orders be pretended as it was by him , either the Orders were defective or the man . The English desire also to put it to the issue , who let most provision goe in , Captaine Philipson indeed sallyed out with a Party of Horse , on the Scottish Post , and fetched fourty head of Cattell , or thereabout , and two Pieces of Ordnance out of their Sconce ; parallel that Act also ; As for the point of the treacherie , they disclaim it and defie it ; why should you compell me to say that on the Scottish side , Sir Iames Lesley and his Lady with her sister , who were both Papists , had ingresse , and regresse into Carlisle , by their meanes , that Sir Timothy Fetherston was suffered to come to Penrith , and there dranke the Parliaments confusion , and yet was afterwards suffered to come forth againe , at which time he broke his Paroll , and went either to Ireland , or the King ; that Denton and Carleton , notorious Malignants , were suffered to goe up and downe , and disaffect the people , and raile upon the Parliament ; and when sent for by the English Commissioners , were protected against their power and justice ? The foulnesse of your imputations hath forced from me these things , which no slight occasion should , but by this you may judge who favoured Malignants most . It is further charged , that those double minded Leaders enter into a private Treaty with the Enemy , and offer him great conditions . This was a mistake or worse , there was no Leaders medled , but the English Commissioners who proceeded no further , then the Narrative relates , and never offered any conditions at all ; As for the Scots offering reasonable conditions , lesse advantagious to the Enemy then the English . You have heard the English offered no conditions ; let us see what the Scots offered , they were such as they would never impart , neither to our Commissioners nor the Parliament : but a Copy was obtained which they deny not , wherein was granted almost what was asked , as Liberty to goe to any Garrison they should name , to have a Convoy ▪ as they had to Worcester , above a hundred miles distant ; the immunities of the Church and Church-men , freedome to take the Covenant or not , Libertie to goe with what they would , ( except Towne and Ordnance ) whither they would , and to have free Quarter ; in a word , never so high Articles given to any Town , never any Town had lesse reason to expect it , had things been fairely carried : for they were eating Dogs and Horses , and could not subsist three dayes . What followes is almost wholly false , that the Enemy tooke the Scots Conditions , because he could not trust the English Officers . The English Officers medled not in the businesse , because a Committee was present there of English ; Scil. Sir VVilliam Armine , Mr. Darley , Mr. Barwis , whom the Generall would not , much lesse should the Lieutenant Generall have dealt so with , as not to acquaint them with the Treaty . And as for the Commission given to Lieutenant Generall Lesley , to take in the Towne , upon what conditions he thought fit , he shewed no such in writing ; if he had , it had been unjust , we having Commissioners upon the place : And he concludes this strange story of Carlisle , with the pretended reasons , why the Scots put in a Garrison into Carlisle , ( scil. ) Because they had found base , and wicked dealings , by some of the chiefe men in the Northerne Counties , and to keep it out of the hands of Malignants ; and especially , Sir VVilfrid Lawson , who under the name of the chiefe Commander , is no better then railed on ; consider the condtion of this Gentleman , it 's true , he cannot be justifyed throughout ; he lived in an ill aire , and was infected with it , but never stirred out of the County , to doe any prejudice to the Parliament : but suffered imprisonment for his not ready complyance with the Commissioners of Aray . When it was to any purpose for him to appeare on the behalfe of the Parliament , he raised a Regiment of Horse , and another of Foot , for the Service of the Parliament , which he applyed himselfe to with all diligence , and can produce testimonies of his care and fidelity , under the hands of those you say distrusted him ; and was of very good reputation with the Scots , till the time of the surrender drew neare , and then his appearing for an English Garrison , and refusing to quit his Fort , caused all this bitternes . Is it possible that the Scots should distrust him , so little guilty of Delinquency , in respect of them they have upon all occasions embraced , as Major Craister , and procured to be imployed , as Collonel Brandling in Northumberland , and their own Urrey ? and are not there now divers whom they trust in their Army , who have served against the Parliament ? So that it may appeare , their enmity to Malignancy was not the cause ; but what need we seck further for a reason then the Letter of Generall Leven , dated at Mansfield , June 20. 1645. wherein he informes our Commssioners , then upon the place , That he had sent Lievtenant Generall Lesley , with full power and instructions , in such things as concerne the INTEREST of the Scots Nation , and desires their compliance with him , which he never asked ; The Interest is there declared to be the businesse , a word that troubles all the world . And hereto I might adde a Letter from two Scottish Ministers , ( one a Commissioner at London ) to our Commissioners ( it seemes the Kirke also is concerned in this Garrison ) in which are these words ; Wee interpose our earnest desire to you , that there may be a chearful condescending to Lieutenant Generall Lesley , so farre as that the Towne of Carlisle may be delivered into his custody , untill the further declaration of the Parliaments pleasure . Hereby as you shall preserve your reputation of being good friends to our Nation , so wee verily beleeve you shall do good service to the Parliament and Kingdome , and shall never have cause to repent it . These are the words of the Letter transcribed here from the originalls ; I was loath to trouble the Reader with the whole , the Treatise being already growne into a bulke beyond intention ; Onely this ; It is said that the Forces there had starved , had not the Generall sent part of the mony to them which was sent to Newcastle , to inable the Scots to take field ; because a double use may be made of this , as not onely in this place , but also to excuse the Scots , being no better provided in their March , which caused them to stay in Yorkshire for Provision , when they were expected Southwards ; It is answered , those two Counties of Cumberland , and Westmorland , had been so pressed , that Generall Leven , the Earle of Callander , & the English Commissioners had under their hands acquitted them of further burthens , and therefore offered them to undertake their Siege at their own charge , with their own force . And if the Generall had according to agreement recalled his men , he needed not to have parted with the money to Carlisle : but enough of Carlisle , and more then enough . Pag. 83. the Gentleman puts to Sea , and finds fault with the Parliaments Ships not doing their dutie , by reason of which divers Ships of the well-affected were taken , and the Coasts of Scotland not guarded , to their great prejudice ; and in the issue reduces this fault , not onely to neglect , but secret connivence , that is , unfaithfulness : For the imputation of unfaithfulness , let those that were imployed answer it , if this Author will plainly accuse them . As for the mischances , we know we daily suffer at Land , the Sea is more hazardous . But I observe men deale not so well with our Mariners , as they doe with Fortune-tellers , and Almanack-makers ; for if they tell you but one thing that falls out accordingly , you admire them , and almost adore them , but take not notice of twenty lyes ; here on the contrary , let our Sea-men doe many good turnes ( as divers of them have done ) ( let mee name the Noble Earle of Warwicke , Vice-Admirall Batten , Capt. Moulton , &c. ) they are never thought of , but any mis-fortune is sure to be set upon their score . As for the guarding the Coasts of Scotland , I beleeve it hath not been so well as was expected or intended , the multiplicity and distraction of affaires with us hath been such . But there is no reason to lay the damage of Scotland upō the want of that Guard ; for the Irish were but very few hundreds , as this Author acknowledgeth , Pag. 90. that came over , and the passage is so short , that notwithstanding Ships upon the Coast , men might easily be transported from Ireland to Scotland , or the Isles , as appeares by divers Ships , who have got into our English Harbours with armes and ammunition , notwithstanding all our Guards . Pag. 84. He proceeds , as he saith , to another businesse , and such a one as if he had not wanted businesse , he would have omitted , the businesse is to cast all possible odium upon Independents , where for want of a good argument , he loads them with ill words , calls them factious and fantasticall head-strong ones , men without love to the peace of the Church of God . Pag. 84. Seekers , ( scil. ) such as seek themselves under the pretence of Truth , and set up their own fancies , men that will not settle upon any thing , unlesse it be in continuing in phreneticall fancies . And as if he were not content to weary men , he provoketh God also , and saith , God knowes they are destitute of all charity . Sir , where is your charitie the whiles ? he that loves the smell , may have a bundle of these flowers , Pag. 86. All the corne in this chaffe , the charge in this clamour , beside generall invectives , is ; That those men will not absolutely and positively professe what they would be at , but they have manifested the contrary , declaring the things wherein they would be forborne , in their Paper at the Committee of Accommodation . I have nothing to say to this , but that unlesse you give better words , or better arguments , you will by such language and carriage make men Independents . They are further charged with abominable lying , in perswading the people of the rigidity of the Presbyterian Government , and the diminution of Christian liberty thereby , and confutes him with the lenity of the Churches of Scotland and France . I doe not say that both are true , but both may . It is possible for a Church to be too strict in their principles , and too loose in their practice . But why should the man be so angry , since the businesse concerning Church-Government , as himselfe acknowledges Pag. 89. is concluded maugre Independents ? In the same Page the Author goes on to mention and remove two rubs in the way to a compleating Presbyteriall Government : the first is that some will not allow it to be of Divine right ; the second , that some are willing to reserve the power of excluding from the Sacrament to the Civill Magistrate . These are so tender points , in which others of greater abilitie are engaged , that I dare not meddle , though me thinkes I could deale with this Author : First , he saith it is demonstrated to have its ground in Scripture so clearly that it cannot be denied , and practised by the Apostles , and their successors . For the demonstrations , they are not so cleare for all the parts of the Government , but that they may be ( as they are ) denied . That of Lay-Elders was found in the Assembly a very difficult point , and the Superinduction , of Provinciall , Nationall , Presbyteriall Assemblies , to Congregationall , though for my part I approve of them , yet I beleeve they are not demonstrable in Scripture with undeniable clearnesse . And as for the practice of the Apostles , they cannot be adequately urged , because they were not Parochiall Presbyters , but had a generall care , and superintendency over the Churches , and a greater Authority then Ministers now adayes . The Councell at Ierusalem where they were was occasionate , not menstruall , or annuall : As for the successors of the Apostles , it is doubtfull what they did , antiquity is so fallible , but it is not doubtfull , that whil'st the Apostles lived , the mystery of iniquity worked , and preeminence was loved , so that all the practises of their times , much lesse of their Successors cannot be urged . I am no Enemy to the Presbyteriall Government , as it may be ordered . Appeales are naturall , and necessary ; Aristocracy is the most even Government , if faction can be avoided : but I could wish that all the people of God , especially the Ministers of Christ , who should goe before them , would tread in that more excellent way , charity mentioned by the Apostle , 1 Cor. 12. ult. and be more carefull to advance the power of godlinesse then their own ; but manum de tabula ; If we have the Government , as we are like to have , let us not fall out for the title ; I have knowne men spend more about a title , then the Land hath been worth . For the second Impediment which is alledged to be the great stirre about admitting or keeping of people from the Table of the Lord . The case seemes to be thus , Wee have a multitude of people in this Kingdome ignorant and prophane , many who have a name to live , but are dead , as by their dead workes appeares , these are to be formed into Churches by vertue of their externall profession . This is fundi nostri calamitas , and makes the matter so difficult , I beleeve the abstention , unless in cases of great difficulty , lyes in the particular Congregation , though not without appeale , which if it were constituted and ordered as it ought , the strife would cease . But in this condition that we are , where many a good man is in danger to straine his charity , why should there be so great and dangerous a stirre , if there be a recession from the rule , which is not so cleare ? I know as little ground for the busines of tryers for Election of Elders , which tells us already , wee must have Congregations not fit to choose their own Officers , but we submit to it in regard of the difficulty of our condition : and better ( if I may so say ) were it if the Ministers would exercise the power they have , which they shall find will give them many troubles in this businesse , then to presse it with publique prejudice , and ( not to prejudge the Parliament ) for the Parliament to grant what is desired , were better then to run a greater inconvenience . But I recall my selfe , and to make satisfaction for the adventure I have made , I will passe by the discourse of the Author , in straitning the bounds of power betwixt the Magistrate and the Minister , I am afraid of medling with power ; Power especially in the Ministers of the Gospel any further then absolutely necessary to the service and edification of the Church , is very troublesome and dangerous , and so they will finde it ; the power of the Word is great , the power of love is not little . Pag. 89. Upon the mention of the Scots desire to the Parliament , that having had so good successe in their affaires of late , they would send to the King for peace ; He declares the equitie , and yet improbabilitie of it , in regard , as he sayes , the King is chiefe agent in the designe of spirituall and temporall slavery , in which he is upheld by Forein Nations against his Subjects . The Parliament hath been carefull to apply themselves to the King , for a safe and well grounded peace upon all occasions ; whether they are alwayes bound to strive with him , it is not for me to determine . But if he be the chiefe agent , as this Author sayes , I would gladly understand why we court the chiefe agent , and punish the accessary instruments . As for the Interest of particular Princes in the Kings cause , I omit them , as also the Narrative of the Scottish affaires , which I know little of the transaction of them , but heartily resent their sufferings , I pray God give them a right use of them , and full deliverance . As for calumnies and affronts , wherewith some are complained to have repaid them , I dislike and detest them with this Author , if any such be . Pag. 101. He passeth on to another story of two severall attempts of Cajeoling upon the Parliaments party by the Court ; the first , by Commissioners , Richmond and Southampton ; the second by Savill , as I suppose , wherein , he sayes , they found their designe upon the Scots to be the blowing of a cold coale , and with this coale he smites the Independents , at least with some suspicions and surmises , and referres to intercepted Letters and Papers . But if wee regard Papers , who will be without blot ? You know here hath been a great rumour about the Scots Treating with the French , and it may be that Papers and Letters mention it ; but shall wee beleeve it ? No surely : I am confident they will not stretch out their hands to a strange God ; but consider rather the latter end of 44 Psal. If ever that should come to passe , I would goe into some Protestant Monastery , and say , Miserere mei , for there were no conversing in this world any more . Pag. 103. The Author enters upon the march of the Scottish Army , from Nottingham to Hereford ; in the way he takes notice of the Committee of Worcester there , who are charged with misguiding the Army : but I wonder not that a Plot should be found out in Worcestershire Committee , whereas the removing of the Scottish Commissioners from the Citie to the good aire , and accommodation of Worcestershire House , is also found guilty of a designe . Pag. 52. which is said to be an endeavour , to make them strangers to the City , but I beleeve , that distance hath been made up with double diligence . In this businesse of Hereford , there are two imputations laid : one more generall , that the Army for want of provisions were constrained to live upon fruits ; It is well that God made some provision when men failed : but we all know , that unlesse Resolutions be timely made knowne , that endeavours may be used proportionably ; it is almost unavoydable , for an Army to undergoe some want , when they pitch before a Towne , in regard that the ability of the Quarters is overnumbred , and the Country cannot provide so soone as is wished , or wanted . But it is said , pag. 105. that at last some provision came , but then Ammunition wanted : that 's hard , were it not necessary that there must be some necessity , the thing may be true , but how it should come to passe , is out of my reach ; when the Army having received Ammunition in good proportion at Newcastle , with a particular respect to their march , had no considerable occasion to spend it , betwixt that and Hereford . The second charge is more particular against some Members of the Committee of both Kingdomes , who withdrew , that so for want of a full Committee , Order could not be given for the dispose of some Horse , to strengthen the siege , which default occasioned the raising of it : Sure that man who hindred the continuance of the siege ( if without greater disadvantage it might be done ) was as little a friend to the publick Service , as to the Scottish Army , and it had been well he were named ; And did not I barre recrimination , I could tell you , when there hath been no Committee , for regulating the Scots Army for the space of three moneths , and more , for want of Commissioners from Scotland : But , as for the possibility of sending Horse from the siege at Bristoll ; he that knowes the very hard duty , that Sir Thomas Fairfaxes Horse had there , and the great danger in regard of the Enemy in the West ; and withall , considers the great importance of that service , both in regard of gaining the City , and preserving the Army ; I beleeve , will consent with the Truth rather then the Manifest . But I will make a faire motion , that all the disputes concerning the carriage of the businesse of Hereford , might be ended in that happy Act of oblivion , which was done by the vigilance , and dexterity of Collonel Morgan , and Birch , and the gallant adventure of the Lieutenant , who surprised the Guard ; the City is taken , and we have all reason to be satisfyed . Pag. 111. Upon occasion of the sad newes from Scotland ( which the Author acknowledges was heartily resented , as by divers well affected , so , especially by the Houses of Parliament , ( who appointed a publick Fast on that behalfe ) some reproches are cast upon the Independents , who are also said to have leaped for joy of the infortune of the Scots ; It 's answered that revilings need no answer : As for what is laid to the charge of Independents ; because , sometimes the Army under the command of Sir Thomas Fairfax , goes under that notion , I must not conceale how earnestly the chiefe Officers of that Army were affected with the ill tydings from Scotland , and how heartily they expressed it in a most affectionate Letter , sent from the Generall , Lieutenant Generall Crumwell , and other Commanders , which I am confident they will make good in actions , if the necessity of that Kingdome should ever so require , for they are not so voyd , neither of charity nor gratitude , as this Author pretends . I know no Kingdome , that England is behind hand with in reall kindnesse , I hope they will not begin with Scotland . As for the objection made , pag. 112. concerning Lieutenant Generall Lefleyes going into Scotland , upon notice of the ill condition of affaires there given by the Chancellor , he can best answer it that made it . I thinke he wanted respect to the good of both Nations , who expressed any unwillingnesse to the reliefe of that Kingdome , in such necessity , but I cannot but take notice of what is said , pag. 114. of the cold comfort yielded by this Kingdome to their Neighbours , when things were made knowne . To which it is returned , that the Parliament of England , waited onely for the desires of Scotland , to be made knowne to them in that behalfe : but the Scots were farre more shye in asking help , then the English in affording it ; We had Commissioners then at Barwick , witnesses of their condition , to whom indeed , some Noble-men , and Gentlemen of Scotland , made a Proposition for sending for Collonel Poyntz , and Rosseter , to come to their reliefe , and that the Forces about Hereford might march for supplying , and securing the Northerne Counties , and opposing the attempts of the Enemy there , which our Commissioners not having power in , speedily represented to those that had , by a paper from the Scots Lords , as a memoriall of their desires therein ( for the Scots were no Committees ) and the next day after upon receipt of Letters from David Lesley there at Bawtry ; a Nobleman , and a Gentleman of that Kingdome , and of the Committee , were sent to our Commissioners , and in the name of the rest , receded from their desires in the fore-mentioned paper , which put our Commissioners upon a contradiction of their former Intelligence , represented to the Parliament ; and though it was propounded by some of our Commissioners ( in that time of so great necessity ) that a considerable number of Scottish Forces might be drawn out of the Towns , and Castles in the North of England , ( besides the Towne of Barwick ) which might be able to make up a competent strength to oppose the Enemy ; yet that advise was not approved of by the Scots . So that it easily appeares , where the ground either of delayes , or denyals of help were . As for the Parliament , they readily yielded to the march of the Scots Army Northward , for the reliefe of their owne Kingdome , notwithstanding their engagements in the South , which was as much , as was , or could be desired . So that I suppose the severe intermination , that the setting the promise of a small help at the rate was then offered , will be blamed by Posterity , when it shall be recorded what Scotland hath done , and undergone for their Brethren , and what thanks the Scots have for their paines , might have been left out , notwithstanding the particulars which said to be spared till another occasion . Pag. 116. I find an unfitting parallel betwixt Cardinall Richelieu , and the English Parliament , ( for though the Parliament be not named , yet those who are carefull of the English Armies , are , which must needes be they ) who are made to agree in this point of Politick unjustice , to set men on worke , and purposely deny them necessaries , that through their miscarriage , others might be advanced . Certainly , though that Cardinall must needs be acknowledged a man of eminent parts and policy , of which he hath left a monument that yet stands ; yet after that this Author had branded him , with pride , Ambition , Tyranny , and Atheisme , which are no Cardinal vertues ; me thinkes he might have used more Brotherly kindnesse to the Parliament of England , then to make such an unworthy reflection . But as for the wants of the Scottish Army , if enough have not been already said , let me adde this , the way not to want in England is to worke , and I am confident , that had they done the proportion of worke , that other Armies have done , they would have had the same proportion of wages , and if others had done no more , they had got as little . This page is closed with an injust , though not unusuall bitternesse ; against the once Governour of Bristoll , whose returne to sit in Parliament , is said to be matter of astonishment to the world . The world is wide sir , and so are you . But why so angry ? me thinks the taking the City so considerable , might have softned your spirit . We use to grace solemne ▪ occasions with some Acts of favour : why not the taking of Bristoll , with receiving Mr. Fiennes ? especially the retaking of the Towne , affording an Argument à majore ad minùs . What is the quarrell ? the Gentleman had before surrendred it , for which he was sentenced by a Councell of Warre . As for the Councell of Warre , I beleeve they were guided by honour and Conscience in what they did ; And by vertue of the Article , obliging the Governour of a Towne , to hold out to extremity , condemned the Gentleman . The Generall remitting the summum jus , concurred not for execution of the sentence : the gentleman lives and does well , may he long do so ; he hath left the Camp , he followes the Counsell , a worke sutable to his parts acknowledged by this Author , to be fit for a Senate . You complaine of his friends , for putting him upon an imployment ; of which ( you say ) he was not capable ; but are you free from blame to deny him an imployment , for which you acknowledge him so well fitted ? he never was engaged neither in Counsell , nor in Armes against this Cause , as some who are to be found in other Counsells or Armies : but parciùs ista , I adde but this , the Gentleman hath received some wrong by this charge , but the Parliament more , it being an injust reflection upon their Wisdome , and Priviledge , that they should be taxed for dealing with their owne Members , as they thinke best for the publick good of the Kingdome . As for that passage , of Souldiers bawling in the fields , Coblers pratling in Tubs in stead of preaching , — Ne saevi magne Saeerdos ; Quam scit uterque libens censebo exerceat artem . Pag. 122. He proceeds to exagitation of a piece of a Letter , written from Lieutenant Generall Cromwell , upon the taking of Bristoll : First , he wonders the latter part of the Letter now published by him , was suppressed by that Authority , that printed the other part . It is no wonder , that the Parliament intending to recommend to the people matter of thanksgiving , should not with-hold that part of the Letter , wherein there were some passages , tending rather to doubtfull disputation , then undoubted gratulation , which I conceive was the reason of it ; It is a greater wonder to me , that this Author should so confidently print it , when the Parliament had forbid it . As for the expressions of the Letter recited , and animadverted ; I hold not my selfe obliged to say any thing , I am no mans Champion but an Advocate to the truth , and a servant ( not as I am like to be taxed ) a Parazite to the Parlialiament : but if I were minded to call the Letter , and the Annotations upon it to a review , it were easie to find as may irregularities in the notes , as the Author of the Manifest doth in the Text . From hence the Manifest finds an easie passage to the Independents , aggravating their ill , Pag. 127. extenuating their good service , Pag. 128. I am loath to leave so ill a relish in the minds or mouthes of the Readers , as to repeate the imputations , but take them as they are ; Men that serue themselves into imployment , engage the Pamphleteers to set forth lyes and tales for them , causers of disturbances , blasphemies , heresies , violation of the Covenant , underminers , factious , guilty of a malicious plot , bringers of confusion into the Church , and consequently , Anarchy into the State , men that doe all for by-ends , that joyne with others , as the Papists with Malignants for their own Interests . Tantaene animis coelestibus irae ? To this I answer in the words of the Apostle Iames ; My beloved brethren , let every man be swift to heare , slow to speake , slow to wrath , for the wrath of man worketh not the righteousnesse of God . I cannot conceive how they that are singly Independents , that is , men dissenting from other Governments in the constitution , and ordering of a Congregation , should deserve so much bitternesse ; First , they desire a liberty of collecting their members from severall Parishes , and would have an union of hearts rather then a neighbourhood of houses to make up a Congregation . It cannot be denied , but that this would produce many inconveniences , which no doubt will be remonstrated ; but me thinkes , if it be not tolerable for its consequents , it should be pardonable for its grounds , arising from a desire of all possible puritie in an Assembly . Wee shall all be in this point Independent in our desires and endeavours , and must be constrained to set up a Congregation within a Parish , when wee debarre one halfe from the Sacrament , and admit the other , which is like to be the case in many places . Secondly , they defire a liberty to ordaine their own Officers . This is the practice of Presbyterians also for all Officers but Pastors : To their admission also the reasonable consent of the people is allowed , and the approbation which gives life to the Ordination . Thirdly , they desire a freedome from the Presbyteries , and Synods ; An association of Churches , me thinks they should not deny ; a necessitie of Synods they allow , the difference is , whether the acts of such meetings should be by way of advice , or authority , whether the meetings should be setled or occasionall : for reconciling these let us consider , the one would have State-meetings , the other upon emergencies , both agree they should be as ost as necessity is , and no oftner ; in case it be oftner , it is as nothing to that Congregation which hath no reference thither . As for that of advice , and authoritie , I have read a position in Voetius the Professor of Theology at Utretcht , a very learned man and a Presbyterian , to this purpose , Potestas Ecclesiae est directiva , non jurisdictiva , It is to be found in a disputation de unione & regimine Ecclesiarum , wherein are many things that sound to moderation ; but this difference I beleeve will finde more dispute in notion then opposition in action , I should wave both the debates of jus divinum in Presbyteries , and the authority of Assemblies , and remit things to the practice . If the dictates , or rather directions of a Presbytery , or Synod be agreeable to the Word of God , and publique Peace , and edification , I should embrace them , were the Authority of a Synod never so little , were they repugnant to these rules , and ends , either in themselves , or my apprehension , ( which yet I should strive to get informed with all diligence and humility ) I must be spared , were their authority never so great . The next , and indeed the last thing of moment is the London-Petition , which this Author approves , and prints , and contests with the Parliament about the receiving Petitions in generall , and this in particular . But this Gentleman and I are of so different tempers , that I shall not take so much liberty to dispute on the behalfe of the Parliaments Priviledge and practice in this particular , as he doth against it ; They best know their own Priviledges , and how to maintaine them . This I know , that there is no better way to preserve the peoples liberty , then by keeping inviolate the Parliaments Priviledge . If there be a necessity of Rulers , for the conservation of Liberty ( as there is ) there is an equall necessitie of preserving the authority of those Rulers , especially employing their endeavours for publique good , as the Parliament doth . The Petition was well framed for the substance of it , and is granted for the maine , if the Parliament thought it too binding , and particular , and judged better to grant the thing , then receive the Petition , who need find fault when they that Petition are gainers , and they that grant are no losers ? As for the Citie of London , their deserts are such of this Cause , and Kingdome , that I am confident , no reasonable thing , much lesse religious , will be denied them , and I am as confident they will aske no other . They understand the need and use the Parliament have had , and have of them , and they also apprehend the neare relation , and dependance , they have upon the Parliament , and may easily foresee the fractions would arise in so great a multitude , did not the countenance and Authoritie of Parliament restraine . Their mutuall advantage depends upon their agreement , which whosoever goes about to interrupt , let them be divided in Iacob , and scattered in Israel ▪ For a close , let me take that passage of the Manifest concerning the endeavour of the enemy to divide the Nations , and his own hopes , ( to which I adde mine ) that they shall not prevaile . Certainly , our endeavour should be to prevent the fulfilling of theirs , especially in a thing so important to Religion and the good of these Kingdomes . The scrupulous thoughts of offence made me sometimes to forbeare this answer : which yet I have endeavoured so to order as not to give any offence ; if it be taken , I shall be sorry , yet glad that it is not given . It may possibly breed me some disquiet , but why should I purchase my own peace , with the losse of truth ? If I have incurred one trouble , I am sure I have avoided another , which was to me a great one , sc. to see the obligations of this Kingdome aggravated , their ingratitude recorded , the Parliament affronted , the Commissioners abused , the people deceived ; these are things I have endeavoured to right ; forgive me this wrong , I will trouble you no more , unlesse this Author continue in a resolution of a fuller discourse ( as he intimates in the end of his Manifest ) which I desire might be forborne ; For if there be no remedy , we shall also find a Reserve . FINIS . Postscript . WHereas it may be said that this labour might have bin spared , in regard of the Censure adjudged by Parliament to Truths Manifest ; I answer , that there is as much difference betwixt a Censure and an Answer , as betwixt the offence in writing the Booke , and the hurt done by spreading it . The Parliament have taken just notice of the fault , but have not thereby prevented the mischiefe ; for since the Author was call'd in question , the book hath been studiously dispersed , and ( as I beleeve ) reprinted , and hath found some Readers so confident , as to say , that the book was censured , because it could not be answered , the contrary of which doth now appeare . Notes, typically marginal, from the original text Notes for div A28914e-4670 Pag. 23. Pag. 29. Rom. 15. 20. Jam. 1. 19 , 20. 
A35431	----	An essay upon the inscription of Macduff's crosse in Fyfe by I.C., 1678. Cunningham, James, d. 1697? 1678 Approx. 47 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A35431 Wing C7593 ESTC R22651 12233831 ocm 12233831 56670 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A35431) Transcribed from: (Early English Books Online ; image set 56670) Images scanned from microfilm: (Early English books, 1641-1700 ; 138:15) An essay upon the inscription of Macduff's crosse in Fyfe by I.C., 1678. Cunningham, James, d. 1697? 20 p. Printed by the heir of Andrew Anderson ..., Edinburgh : 1678. The ascription to James Carmichael cited in Lowndes II, 569, probably arises from confusion of names, written by James Cunningham. Cf. Halkett & Laing (2nd ed.). Reproduction of original in British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Antiquities. 2006-09 TCP Assigned for keying and markup 2006-09 Aptara Keyed and coded from ProQuest page images 2007-02 Emma (Leeson) Huber Sampled and proofread 2007-02 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN ESSAY , UPON The Inscription of MACDUFF'S CROSSE In FYFE . By I. C. 1678. Veterrima quaeque ut ea vina quae vetustatem ferunt esse debent suavissima : Cicer. de Amicitia . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to the King 's most Excellent Majesty , 1678. Antiquius quo quid est , hoc venerabilius ▪ The INSCRIPTION UPON MACDUFFS CROSS , Which stands above the NEWBVRGH , near LVNDORES , upon the Confines of STRATHERNE and FYFE . Maldraradrum dragos Malairia largia largos Spalando spados sive nig fig knippite gnaros Lorea lauriscos lauringen louria luscos Et Coluburtos sic fit tibi bursea burtus Exitus et blaradrum sive lim sive lam sive labrum Propter maegidrim et hoc oblatum Accipe smeleridem super limpide lampida labrum . THough I had this of an ingenious Gentleman , telling me he came by it from the Clerk of Crail , who informed , that several succeeding Clerks there , have , for a considerable time , engrost this as a true Copy in their Books , to preserve it from utter perishing , for it is now quite worn off the stone , at least altogether illegible . But be it so recorded in Crail , Newburgh or elsewhere , yet with their good favour , scarcely can I judge this a true and exact Copy ; whether the fault has lyen in the first Copiator from the stone , or from the Engraver , or partly both : For , none who knows the History of Mackbeth , Malcom Canmore and Mackduff , will , I hope suppose , that such a King as Malcom Canmore , when he intended to witness a favour for Mackdaff's services , and such a subject as Mackduff , when he was willing to publish the royal Bounty of his Master , would upon the Cross of so famous a Sanctuery ( as this was ) have inscribed but non-sense . And though the true meaning and purport of the words be dark and abstruse to us , who now live at such a distance ; yet I wonder why the learned Skeen should brand them as barbarous ( I hope he only means unintelligible , and not nonsensical ) For questionless they are ( for what I have said ) significative , and I doubt not but to purpose ; and most probably they were written , either to signifie the Priviledges given by King Ma●colm to Mackduff , with the benefits he enjoyed by virtue thereof , or the Immunities , Freedoms and Pardons indulged by , and conferred upon , that Girth , if not in a complicated sense , all of these together . So then , allowing them to signifie sense , which few men in a sober charity can well refuse ; le ts see ( as far as we may ) to what Language the words are best reducible , for to any single one they cannot : for , albeit the termination , flexion and construction I take to be most after the Latine , and that there be some Latine words intermixed , yet none will aver it all to be Latine ; so to some other Language we must go , which is but one of two . Our old High-land or Irish tongue , or the Saxon : And as I hardly think it the High-land or Irish , as well , because I never , heard that brought under Roman Terminations , Constructions , or Declinations ; So even those that would wrest it to that Language in some words , cannot follow it out in all , although they be seen in the Irish Tongue . And it is strange , none of our Highlanders , tho Scholars ever interprets it ; therefore I much rather incline to deduce it ( at least most of it ) from the Saxon , which I hope will not seem strange to the Intelligent when he remembers what footing the Saxons had in this Isle , and how Malcome Canmore was not onely long an Exile at an English Saxon Court , but that he had interest in Northumberland , Cumberland , and Westmorland , which was but sometimes a Province of the West Saxons And as there came 10000 English Saxons then in with Sibardus the Kings Grand-father , so they must be but Novices in our Language , who do not find Vestiges of the Saxon in it almost every where . Taking then this Inscription to be Saxon ( as to th● main ) aped in a Latine dress , as to the main , I say , for suppose some words might savour of a Danish , or old French Extract , it needs not import , since both are of a Teutonick Origine , aped , I say , in a Latine dress , whither from the fancie of the Authour , to make it to run the smoother with the n●erlaced Latine in this his hexametrall composure , or from some inclination of King Malcome himself , of whom and of whose time , sayeth a grave Author , as now the English Court by reason of the abundance of Normands therein , became most to speak French , so the Scotish Court , because of the Queen and many English that came with her , began to speak English , I understand the English Saxon , the which language it would seem , King Malcome himself had before that learned , and now by reason of his Queen , did the more affect it ; thus far he , where if I might be allowed a conjecture , perhaps this Sanctuary was granted at that pious Queens intreaty , and here inscribed with her native tongue for her greater honour , and the rather under a Latine Vizorn , to invite the Scots ( of no language more studious then Latine ) to some love and knowledge of the Saxon. And so let us now with allowance , to rectifie what Escapes may be in the Orthography , modestly examine the Words themselves ; but lest I be thought to be too peremptory to impose my naked Conjectures , in a matter of such Antiquity , I shall bring my Vouc●ers where I have them , with the probable Motives that prevail with me to such a sense , still leaving a just Liberty to all who can find out better . First then ( as the words ly in order ) I take Maldraradrum to be a supposititious Genitive , in the plural number after the Greek way , from Maldra , Maldrus , the German Maldar , pro modio seu certa mensura frumentaria ; and Spelman sayes , Maldri vocabulum est Alemanicum ; and have we not to this day with us the Word Melder and a Melder of corn , and this Genitive Maldraradrum I construe with dragos , conjoined with its Latine adjective Largos , and this Dragos I supose de●izon'd a Roman from drach or drache of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 manipulus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 prehendo , manu arripio , Fut. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , from which belike we have the words Draught ( as applyed to Cups and Fish-netts ) drag , draw , so that largos , dragos , maldraradrum , may signifie large quantities or measures of Corn , to be taken by some compulsive or distreinziable Force , as will I hope anon be sound agreeable with the rest of the Sentence . Malairia , I fancie here by wrong Orthography mis-written for mairia , Officium Majoris , Majoratus , Praefectura , sayes Spelman , ( sufficiently known in the Burrowes Royal : ) And does not our Skeen in his 15. Chap. of the Statutes of Alexander the Second , call the Earl of Fyfe , Marus Regis Comitatus de Fyfe , ( whereof more anon ) M●iria , I take to be in the Ablative Case , for we must not here be tyed to the strict Rules of Metrical Quantities , or Grammatical Constructions . Largia , mis-written I suppose for Lagslita , or Laghslita , by inadvertency or transposing of the Saxon Letters ; yea , and the Saxons sometimes in their Capitals , plac'd Letters within Letters , and were somewhat odd in their Contractions and Abbreviations , especially in Monumental Inscriptions ; Lagslita , Transgressio Legis , Legis violatae poena , proprie ruptio legis , seu mulcta pro transgressione legis , Lag & Lagh , Lex , & Slit , rupta , Vox Danica , & in Anglo-Danorum Legibus primum deprehensa , sayes Spelman ; But what needs me cite Spelman , have we not the Phrase , ilk land has its Laugh , and is not the word Slit , as obvious as beneficial to every Taylor : Lagslita , I take to be in the Accusative Case , which must be supplied with the Preposition propter , and yet for all this the sentence is but mank without the help of a Verbe , which must be borrowed in knippite , written belike for knighthite , by placing the Roman p for the Saxon th , which yet may be excused ; since Spelman finds that fault in the Transcriber of Canutus Laws , upon the word Thegen , or Pegen . Knighthite then , or Knippite , being a supposititious Verb , ( for I know not the Saxon Constructions or Conjugations ) after the Latine form , from the Saxon knight , or knyt , signifying famulus minister , may import as much as , Receive ye as my Servant or Deputie , and being joyned with Mairia , as my Lieutenant , ( for so is yet a Maire within Burgh ) so that famulus minister in this word here must be honourable , and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as it is in Theini , Theigni , Thani , who from Thien to serve , were but famuli ministri , and yet were those famuli Regni Barones , as Spelman notes . And thus the sentence may be expounded , Receive for your Service as my Lieutenant , and through and by virtue of your Office of Lieutenantry , uplift and distreinzy large quantities and measures of Corn , for the Transgressions and Breach of the Laws , and why then should Skeen terme that Barbarous , who himself homologats the same sense in another Language , in that his above-cited Chapter of King Alexander the second , Intituled , De Forisfacturis levandis ab illis qui remanent ab ●xercitu , where in the marginal Gloss upon the 4. Para. speaking of the Earl of Fyfe , his words are , Et ille non sicut Comes , sed sicut Marus Regis Comitatus de Fyfe , ad rectitudines suas exigendas : and does he not again , in his De Verborum significatione , in the word Clanmackduff , say out of Boettus , that amongst other Priviledges , Mackduff and his Clan had the Priviledge and Right of a Regality ; yea and does not the learned Spelman say , what was Gildwite to the English Saxons was Laghslite to the Danes , and and both forisfactura to the Normans , ( amerciaments with us ) where may be noticed the judicious exactness of the composer , in his prefixing the general word Laghslita , to be amerciat by victual or corn ; For Laghslitae , sayes one , anumerandae sunt mediis & levioribus delict● , quorum mulctae pietatis intuitu , & per misericordiam imponuntur . Nec graviora crimina , sayes another , inter Laghslitas simplices numerata aut levia , quaeque instar graviorum mulctata quisquam opinabitur . And so how methodically does here our old versificator proceed to faults and crimes of greater guilt , and more special denomination yet for a while still under the Conduct of Knippite . Sive gnaros spalando spados , I conjecture to signifie , whether such as are known cunning , or accustomed to want , or put away their Weapons of Warfare : the two first words being Latine , I hope will not be refused ; the construction of spaland● , I take to be a Gerund for an Infinitive , gnaros spalare a counterfeit Conjugation from an old French word , espaler to scatter , cast away , or spread abroad . Spados from espade or espadon , in the same language , a sword , and by a Metonymy , for any weapon . Neither needs it be strange that these Words are borrowed from the old French , which did depend upon the Teutonick and high German , as the modern does now more upon the Latin● ; and that wanting and away putting of weapons of warfare were with us reputed Crimes , and punished as such , see Skeen himself , in the 27 chap. of the first statutes of King Robert the Bruce , de armaturis pro guerra & poena corum quo eas non habent ; Which is there said to be forfaulture , or escheate of all his goods , and in the last chap. of the same Statutes , entituled , Non licetrendere arma hostibus Regni : The punishment is loss of Life , and Limb , and all they can tyne to the K●ng , which must be Goods . And it were but frivolous to alledge that these Statutes are lo●g after the upsetting of Macduffs cross : For , how many things are punishable by the Common Law and practick of the Kingdom , before they become Statutorie : And does not their coming under a Statute , imply a prior Custom ? Yea , an● who knows , but that after such a catastrophe as was at , and before , the Bruces coming to the Crown , they might be rather but revived , then original . And have not our subsequent Laws for Weapon-shawings been founded upon thir Customs , to prevent such inconveniences for the future ? Sive nig , And here we must return again to the Saxon , nig , For nighwite , the Syllable Wite , mulcta poena , being left out , which is sometime ordinarie ( our Ancestors delighting much in Monosyllables ) and the rather allowable in this Metrical composure , nig or nigh contracted from nithing , Nidling or niderling such as stay away from the host ; For , sayes not ; Malmesberiensis , Jubet ( scilicet ●ex ) ut compatriotas advocent ad obsidionem venire , nisi siqui velin● sub nomine Niderling , quod nequam sonat remanere , Angli qui nihil miserius putarent quam h●jus●e vocabuli dedecore aduri catervatim ad Regem , confluunt & invincibilem exercitum faciu●t And sayes not Matthew Paris , Vt ad obsidionem ventant jubet nisi velint sub nomine Nithing , recenseri ▪ Angli qui nihil contumeliosius & vilius estimant , quam hujusmodi ignominioso vocabulo &c. And does not Spelman deduce Nidling , à vocabulis Anglo Normanicis , Nid , id est , nidus & Ling pullus , ac si ignavi isti homines , qui in exercitum proficisci nolunt pullorum instar essent , qui de nido non audeant prodire domi latitantes & torp●scentes . And have we not the above cited 15 chap. of our Alexander the second , entituled , De foris facturis levandis ab illis qui remanent ab exercitu Regis , Where the Earle of Fyfes priviledge is expresly reserved to him , qua marus Regis ad rectitudines suas exigendas ; And wh●t be the pains and punishments of such as stay from , or desert the Kings Host , are they not sufficiently known , and freshly remembred by us to this day ? Fig for Figwi●e , Figwita , or Fyghtwita , the mulct of such as by fighting raises a fray , trouble , or disturbance in the Host , or perhaps more generally , mulcta Rixarum cum verberibus , vel ipsae pugnae and Ranulphus Cistrensis calls Fy●twite , amerciamentum pro conflictu ▪ And have we not a severe certification in a subsequent statute against such a raises a fray in the Host , 54 Act , 12. Par. Ja 2 d. And is not the word Fight y●t plain with us ? Lorea by wrong Orthographie ▪ pro Lothea ( I suppose ) from the Saxon Hloth , Hlode , the Saxon aspiration being left out in the transcribing as is ordinary , the Saxons having a peculiar way of fixing aspirations on their consonants , by ingrossing them with the same figure , as the Greeks in their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and the R. here written for Th , the Saxon figure of both being apt to impose one for another , if not narrowly noticed : Qui de Hloth suerat accusatus abneget per centum viginti Hidas , & sic emendet : hoc est , sayes Spelman , qui ●urmae illegitimae interfuisse arguitur , &c. And Hlothbota , mulcta ejus est qui turmae il●egitimae intersuerit , Bo●e Saxonicum , compensatio emendatio ; And have we not a phrase in some places , they clod together , from the Saxon Hlode turma , , and how far unlawful meetings and convocations of the Leige ; have been , and yet still are troublesome to this Kingdom , these that run may read : And if this word be rightly deduced , it seems , our forefathers have very prudently here placed it among the thick of the Cryms , which makes me the rather admire , why so much noise hath in this our Age been made for suppressing them , as if unlawfull meetings had never been thought a Cryme with us , till of late , I know some may incline to deduce this word from Lot , of the Saxon Hlot , sors , pars tributi sive solutionis alicujus quam inter alios quis tenetur praestare , sayes Sp●lman ; So that such would make the meaning here to be a gift or s●r●ender of all Unlaws or Escheats belonging to the King , and in that so often cited 15 chap. of the Statutes of Alexander the second , in the 5 parag . some ground may be there for such a conjecture from de Cavellis vero , &c. And some such priviledge is yet granted to the house of Argyle , in point of escheats ( or unlaws for Crymes ) which yet here I conceive sufficiently included in knigththite , mairi● , and therefore likes best of the first exposition of the special Cryme of unlawfull Convocations , with liberty to the candid Reader to choose as he pleases . Lauriscos , I suppose should be read Leudiscos , from leudis , leodis & leudum , quae verba dicuntur pro Wergildo , de capitis estimatione leudi soccisi scilicet de compositione quam aliter Weram & Wergildum , vocan . Leudis , vasallus , cliens , homo ligius , subditus : So leudiscos may signifie the amerciaments which were then due to the King by and attour the Kinbote ) for killing of a free Leidge . And that it was the custome among the Northern Nations , rather to amerciat then to take bloud for bloud , Hear Tacitus , Germani veteres & Aquilonares gentes , qui jugum pariter & leges omni Europae imposuere gravissima delicta ipsaque homicidia pecuniis commutabant : And another saying , Poenarum enim ratio apud mediorum Saeculorum homines in mulctis , potius quam in sanguine sita fuit . For lauringem , I willingly would read laricingin , Robbrie and theft , for thus with the n it is in the plural number from Laricinium , the French Larrecin , and both belike from the Latine Latrocinium , where sayes Spelman , Prisca Anglorum lex Larricinium divisit in majus & minus , the one with violence and force , the other without , the one in things of greater moment , the others of less : Hence the legal tearm Petit larcens , yet in use with the English . Lauria , I would read lairia , for lairwite layrwit , or leirwite , Stupri seu concubitus illegitimi mulcta in adulteros , fornicatores , virginumque corruptores animadversio ( belike in thir lines a rape , as they are expounded relative to the Girth ) from the Saxon lagan , concumbere legar , concubitor , & wi●e , quasi concubitoris mulcta . And sayes not clearly Spelman , Ad maneriorum dominos ( nescio an ad omnes ex consuetudine ) olim pertinuit jurisdictio de nativis suis ( id est servis & ancillis ) corruptis cognoscendi multamque delinquentibus , tam viris quam foeminis inferendi ad quosdam etiam non de his solum sed & de aliis quibuscunque intra dominium ipsorum sic peccantibus , and have we not yet the word Laire in Childbed Laire and others . Luscos , I do not here take to be the Latine Luscus , but that the word should be rather written , liscos , for , or from Fliscos , the letter F , being lest out to make the line run the closser upon the letter L. Fliscos , Fugitivos , Fugitives , the words Flee , Flight , and Flisk , sufficiently known , as to flisk up and down here and there , as Fugitives use to do , who dare not well stay long in one place , all from , or in great affinitie with Leipa , Si quis à Domino suo sine licentia discedat , ut Leipa emendetur , which Spelman understands , de profugo . Et Coloburtos , I read , Colovurtos , or yet rather Colovortos , or Colovertos : But like the Vowel u , is written in the third Syllable , to clinch the better by Bur , with the last word of the line : And every Bajane knows the affinitive betwixt the letters , B. and U. The signification however I take to be runawayes , such as run away from their colours , and Culvertagium , I find a reproachful tearm of Cowardice , which Spelman thinks to come from Culvert a Dove , à columbina timidiatte , perhaps ( as well , if not better ) from vertere colobium : sure I am , we have the word Turn-coat , allusive to its sense ; and may not our disdainful word Collie derive its pedegree hence ? Sic fit tibi bursea burtus , and so through the amerciaments and unlaws of the above written Crymes , your purse shall be heavy , that is , your gains and advantage the greater , Bursea for Bursa , and is not the word Burthen , of known signification to the meanest ? And thir above written words would I rather , at least more especially expound with a relation to the Regalitie , and its Priviledges , in favours of the Earle , yet not excluding some benefits of a Sanctuary to the transgressours ( upon a composition ) as the Reader at his pleasure may best incline to . But for my own part ( with a just deference to better judgements ) as I should attribute the preceeding lines , rather to the Regalitie , so should I give the subsequent more to the Sanctuary . Exitus et Blaradrum , would I read exitus et bladadrum , a genetive , as Maldraradrum , from blade a weapon by which a mortal wound is or may be inflicted : Hence with us Blade , a sword , or sharp edged weapon , and with the Countreymen , to give a Blad , blaw , or after the English dialect , a blow , all ( it would seem ) from the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , laedo , And does not Spelman say , That the Saxons in their Language agreed with , and followed much more the Graecians , then the Romans . Sive lim , whether on a limb , Sive lam , id est , Lath , Lith , ●ra Lit , the vowel i , commuted for a , and the letter m , fort , or th , It being usual for the Poets then , who were the Priests , to run much upon a letter ; and is it not given for a rule , literae ejusdem ordinis & organi inter se sunt permutabiles ; And here Th , being consonans aspirata , is not so intirely and depress'dly a Mute , but that it may be changed for a liquid in a Saxon Poem . Limb , membrum cum ●sse Lith , articulus cum nervis . And is not Lath used for what is plyable by , with , or on some ligament . Labrum , I take here to signifie life , by some Catechresis of the Author , allusive to the phrase , Our life is in our lip . Propter magidrim ▪ I would write , magidrin , Familias cognationis , seu cognatorum , from the Saxon maeg Cognatus , , sayes Spelman , the diphthong being abreviated to the vowel , ( as is ordinary in the transcribing or compounds of that Language ) mag , mage , or maghe , a kinsman , or Cousin : whence we use the word maech , for affinis to this hour and Hired , hidre , or hider , which Verstegan interprets a Linage , a Family , hidrin , in the plural number : The Saxons making that by adding n , as we do now s , and leaving out the aspiration in the composition : Does not thus Magidrin better quadrat and agree with the priviledge Skeen gives by that Girth , to the Clanmack-duffe , then to take propter for prope , as some would , and Magidrim for Mugdrim , because forsooth , the cross stands upon , or near a place of that name : But allowing their conjecture , what sense or cohaesion can they make from this , their prope mugdrim ? Yet a little to convince them , Dare they not rather think , their mugdrim bears that name from this magidrin , in the lines , and imports as much , as the land , or place lying beside , or about the cross , of the kindred . And seing there are yet the vestiges of some old buildings at mugdrim , Would it be any Heresie to think , that sometimes dwelt there an Overseer , to notice such as came to , and claimed the benefit of , the Sanctuarie ? which Skeen sayes , was such to the Kindred of Mackduff , that when any Manslayer , being within the ninth degree of kin and bloud to Mackduffe , came to that cross , and gave nine Kye and a Colpindach , he was free of the slaughter committed by him . And thus hath our learned Skeen made us understand , hoc oblatum . Accipe smeleridem , And for your Oblation , Receive an Oblivion , an Indemnitie , a Pardon ; whence belike we yet have the word smeire , smeare , smore , as if a thing so covered over , by consequence may be presumed to be forgotten , or smeleris , smeleridis , ( after the Greek way , as from Spelman , I have said , was but ordinarie with the Saxons ) Quasi abstersio , detersio , purgatio , form 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , abstergo , detergo , purgo . I know some would have smeleridem , to signifie a kiss , from smeirikin , a word so used in some places : but sure , our Smeleridem here must import more otherwayes , Alas ! this priviledge would prove to the man-slayer , but as in the proverb , A kiss and a drink of cold water : But because the conjecture came ( as I heard ) from a man of reverence and reading , let me ingross it thus , For this your offering or gift ( to wit , of the kye ) and by kissing of the Cross , receive ye an Oblivion . Super limpide lampida labrum , sufficiently explained already , only I could have wisht they had come to my hand under a more Saxon Garb : limthite lamthita , the Saxon th , in the transcribing being often turned to b , d , or p , whether from the ignorance of the Saxon Character , or Euphoniae gratia , for good companies sake of the Words with which they are conjoyned : And that I had reason to reduce most of these Words to the Saxon , I now ( from what I have said ) referr to the Courteous Reader , and hope I shall not be judged unreasonable to think these Lines , as I got them , might be miswritten in their Orthography , whether from the misunderstanding of the Saxon Character , if they were so ingraved , or ( after so many Centuries ) even of any other in which it might have been cut , since none who knows any thing , but knows it wants not its own difficulty to read but the Characters of an Age or two from our selves , be they written in Parchment , or ingraven in Brass or Stone : as for instance , I shall not stick to say they be no small Clerks , whom I could hold upon a Wager , would they go to St. Andrews , they should hardly at the first View , read me distinctly , with one Breath , the Inscription of Bishop Kennedies Tomb , in the Chappel of St. Salvators Colledge , though he died but in the Year , 1466. And seing I have heard several Copies and various Readings of these Lines ( should I rather say of the Inscription upon this Cross ) all differing amongst themselves , why may not I ( seeing Skeen , of the two last which being most stuffe with Latine , might be thought most legible , sayes no more , then , that they appeared to be conform to that purpose ) crave Leave to offer mine , which to the intelligent will not appear very dissonant from the Coppy I have already here transcribed , and the less will the difference yet be , to any who knows the Saxon Character , yea , and what if in some Characters our Predecessours wrote not as the English ? does not every Language have its Dialects differing sometimes in whole Syllabications , as in the Lettering , Writing , and Pronunciation , ( not to speak of the Injuries of Weather in so long a Tract of time ) so upon all Adventures , I willingly would rectifie and read my Copy thus , Maldraradrum dragos Mairia laghslita largos Spalando spados sive nig fig knighthite gnaros Lothea leudiscos laricingen lairia liscos Et Colovurtos sic fit tibi bursia burtus Exitus et bladadrum sive lim sive lam sive labrum Propter magidrin et hoc oblatum Accipe smeleridem super limthide lamthida labrum . And this my Reading with thir Orthographical Amendments , I submit to the discretion of the judicious , allowing any to use either the Roman p or the Saxon th , in what words I have here altered as they think fit , or shall agree best with their Ear and Fancy ; And having already been so full upon every Word , I hope a closs interpretation needs not be here expected , because belike it may relish better , that ( from what I have said ) every man be his own Interpreter . Yet not too much to burden the Memory of the Reader , may I briefly paraphrase it ; for a verbatim Exposition here , as in all the old Tongues ( and they say the Teutonick , whereof the Saxon is but a Branch , came with Twisco from Babel ) would sound a little harsh , as well in respect of the idiotisms of the two languages , as that most of the Words are legal Terms , or relating thereto , and so will hardly allow a narrow and precise Exposition : and although the ground work be Saxon , yet appears it under a Latine Mask ; therefore as I said , I crave pardon to Paraphrase it under one View thus , Ye Earl of Fyfe , receive for your Services , as my Lieutetenant by Right of this Regality , large Measures of Victual or Corn , for the Transgressions of the Laws , as well from those as want or put away their Weapons of Warfare , as of such as stays away from or refuses to come to the Host , or those that raises Frayes or Disturbances therein , or from such as keep , haunt , and frequent unlawful Convocations ; together with all Amerciaments due to me , for the slaughter of a free Leige , or for Robbery and Theft , or for Adultery and Fornication within your Bounds , with the Unlaws of Fugitives , and the Penalties due by such Cowards as deserts the Host , or runs away from their Collours ; thus shall your Gains be the greater . And yet further , to witness my kindness , I remit to those of your own Kindred , all issues of Wounds , be it of Limb , Lith , or Life , in swa far as for this Offering ( to wit , of nine Kyne and a Queyoch ) they shall be indemnified for Limb , Lith , or Life . And thus have I adventured to read and explain this Old Inscription , quae molta tenet anteiqua sepolta ; and which , with Skeen's good Leave , I can no otherwise condemn for Barbarous , then that it is Saxon under a Latine Cover ; where it would be remembred , that after the Goths and Vandals came into Italy , the Purity of the Roman Tongue was at a loss , untill somewhat revived in the last Centurie , and that the Poets about Malcome Canmore's time , were ordinarily the Priests , and those of no great Reading , and for the most part no great and exact Linguists , or so neat and closs in their Poesie ; as witness that Composition of the Carmelite Frier 's upon the battel of Bannockburn , some hundreds of years after the setting up of this Cross : And as this was one of , if not the oldest Regality in this Countrey , so by the Priviledges hereby granted , it will to any understanding man appear to be very great ; whence belike we have that common Phrase , The Kingdom of Fife , ( an Epithet given to no other Shire ) as if Mackduff had enjoyed his Estate much after the way of Hugh Lupus ( or more properly de Abrincis ) in his Earldom of Chester , of whom it is said , he enjoyed that Earldom from his Uncle the Conqueror , Adeo libere ad gladium , sicut ipse Rex tenebat totam Angliam ad Coronam ; and yet I cannot affirm that Fife was ever a Palatinate ; But sure the Priviledges of this Regality and Sanctuary were somewhat more then ordinary . And this our Mackduffs posterity continued in a line male till the dayes of King David the Bruce : for one of them I find Governour of Perth for the second Baliol , after the Battel of Duplin , for which , whether he was forfaulted , or that his Estate and Honours , through want of issue-male , went with a Daughter , I cannot positively averr : For , one William Earl of Fife I find a witness in a Charter , granted by King David 2d , to the Scrimzeour of Didupe , in the 29. year of his Reign , whom I conceive to be that William Ramsay said by Skeen to have been made Earl of Fife by King David , withall Priviledges , & cum Lege quae vocatur Clanmackduff , who might have married a Daughter of Earl Duncans , as well because he got all the old Priviledges confirmed to him ▪ as that in the Scrimzeours Charter , he is placed before the Earle of March ; It not being so probable that the King would have given the priviledges , and precedencie of the old Earles of Fyfe to a new Stranger , if he had not had an interest of bloud . And why should we too rashly conclude that noble Familie , whose predecessors had deserved so well of the Crown , extinct upon a forefaultour for holding the Town of Perth for the second Baliol : Since our Historian sayes no more , But that he was sent Prisoner to the Castle of Kildrummie , and that he makes him also a prisoner to the Baliol , with the Earles of Murray , Monteth , and others ; who , as he sayes , after the battel of Duplin , were Rebus desperatis coacti jurare in verba Balioli . Neither were the Bruce's too strick and severe in their forefaultours , ( but upon great and singular provocations ) studying rather to gain and reconcile the Subject by Indemnities , and Oblivions , then to exasperate them by too sharp punishments ( especially when the Baliols had some pretence and shadow of Right ) But what became of this William Ramsay , I cannot say ; whether he was forefaulted , or whether through want of issue , the Earledom of Fyfe returned to the Crown , or whether he had a daughter who was married to Robert the Governour , who enjoyed the Estate and Honours of Fyfe : But if as full in its priviledges as the old Mackduffs , or William Ramsay , I dare not determine . But Skeen does positively tell us , that one Spence of Wormeston laid claim to , and enjoyed the priviledge of the Sanctuarie , upon his killing of one Kinninmonth , as being within the degrees of kindred to Mackduffe . The Earle of Weems , and the Laird of Mackintosh speak themselves truely descended in a line Male from this our Mackduffe , by two of his sons ; But since I have seen nothing in write , as I shall be tender of their honour , not doubting but that they are sufficiently able from good documents , to evince their assertions to any who may be concerned ; So I hope , it shall give no offence , though I glance at what I have from Tradition . Mackintosh then ( be he the elder or the younger brother ) in his Mother Tongue calls himself to this very day , Maktosich● Vichdhu●e , ( that is , Filius Thani filii Duffi : the son of the Thane , who was the son of Duffe ) whose Predecessor some three or four generations down from Mackduffe , was in the days of K. William the Lyon , by means of his Uncle Mackdonald of the Isles , matched to the Heretrix of the Clanchattan , by whom he got the Lordship of Lochaber : the Jurisdiction or Stewartrie whereof , as the Laird of Mackintosh yet retains , so quarters he the coat of Mackduffe in the chief corner of his shield . The Earl of Weems ( be he from the younger brother or elder ) yet possesses for his Inheritance , a part of the old Mackduff's Estate in Fyfe : And whose Progenitor , Sir David Weems , Ambassador for the Maiden of Norway upon the death of K. Alexander the third , is by Buchanan ( nothing lavish of his Titles ) styled , Equus Fifanus illustris . And doth not the Earle of Weems quarter also the Armes of the Earle of Fyfe , in his first and last Escutcheons . But as upon conference , I have met with an objection or two , so indulge me , Reader , I pray , for your fuller satisfaction , briefly here to repeat them with my answers : which ( seing I leave every man to his own judgement ) may I hope , be neither an impertinent , nor altogether an unpleasant diversion . First then , Was it alledged , That neither Mackintosh , nor Weems , give the Surname of Mackduffe : And what then ? Will any pretender to the least knowledge of any Antiquity , or Reading , urge the arguement as conclusive , That therefore they are not of the same Stock , or Bloud ; yea , even by a line Male But ( not here to debate , whether at that time any other Surnames , then Patronymicks , were fixed to a Family or Progeny ) Can there be a clearer deduction then Duffe , Mackduffe ( who was the Thane ) and Macktosich-Vichdhuie , or would the movers of this objection , put me upon the question , when surnames ( as now in use ) first setled amongst us ? And what if that was not before , perhaps considerably after , the days of Macolm-Canmore ( I wish those Disputants would be pleased to teach me , what were the surnames of the old Earles of Stra●●erne , Lennox , and Rosse ) Yea , and does not the native exposition of Mackint●sh , imply him begot en ( and perchance he was of age too ) ere Mackduffe was dignified with the tittle of Earle , and consequently , before the return of Malcolm Canmore , with whom ( some say ) first came in as well that order of Honour , as the customes of our surnames . And seing Weems was Mackintosh's Brother , might not he have been ( and if elder surely , and even though the younger belike ) in the same condition , begot before his father went to England , seing Buchanan sayes of Mackbeth , that upon Mackduff's escape , in uxorem & liberos omnem iram effudit : The latitude whereof I leave to be measured by such , who can best fathom the passions of an exasperated Tyrant . But what if I should say , as Boetius observeth upon the Stuarts in a much later time , that it was customary with us ( as yet somewhat it is with the second sons of Barons in France ) for Cadets to quit the surnames , they might have from their Paternal Familie , and betake themselves and their posteritie to others , and most ordinarily to t●e names of their proper possessions ( as Weems here , from that word signifying Caves , whereof there be no scarcity thereabout ) and so much the more easily in this case , where the Paternal it self Mackduffe , is but a Patronymick . Yet shall I not escape without a second Attacque , managed with I know not what confidence : To wit , That Mackduffes race , save in Mackintosh and Weems , continued not above a generation or two : Sure then , has our Buchanan exceedingly abus'd us ; who all alongst , even down to the battel of Duplin , and the siege of Perth thereupon , writes them still Mackduff ; his words in his ninth book , being , Mackduffus , Fifae Comes qui oppidum Balioli nomine tenuerat , and a little before that above-cited place , yet more particularly , Duncanus Mackduffus , Fifensis Comes ( with others ) apud Hostem captivus . And as all our Writers do unanimously rank this Duncan , the first Secular of the six Governours , after the death of K. Alexander the third , so have I my self read him , in a letter from the Parliament at Abirbrothock to the Pope , anno 1320. First of all named , and signing as Earle Primier of the Kingdom , where his seal yet appends fresh , four times bigger then any of the rest , with the Impresse as they Record the Armes in the books of Herauldrie for the old Earles of Fyfe , and as yet they are quartered by Mackintosh and Weems . But thirdly , it is retorted upon me , that if the Earle of Weems , and Laird of Mackintosh , had been true Cadets in a line Male , then if the Mackduff of Fyfe had not been forefaulted , one or other of them would undoubtedly , as the nearest Heir Male , have faln to , and enjoy'd , if not the Estate , at least the Honours of Fyfe . But the starters of this doubt , would be pleased to remember the slipperiness of its grounds ; For are not Feudal Tailzies , and seclusive Provisions to Heirs Male , of a far later date with us : And so might that Earledom as well in its Honours , as Fortune , have gone with a daughter ( as heir of line ) to William Ramsay , and by a grand , child to Robert Stuart : Yea , and who well knows in what terms our grants of honour , ( if then in Malcom Canmor's dayes consigned to writ ) were conceived , or if they reached Collaterals ▪ And the Predecessors of the Earle of Weems and Laird of Mackintosh , having come off many generations before the Familie failed in the issue Male , the Honours might ( the relation being remote ) the more readily have been conveyed by a new Patent , with a Daughter or Oye in favours of some noble Minion , such as ( belike was this William Ramsay , and ) that Robert Stuart the Kings second son , who was sometimes Governour of Scotland , and Duke of Albanie , in the person of whose Son , Duke Murdoch , was that Earldom forefaulted to the Crown , in the days of K. James the first , and not as yet given out again , none ever since injoying the Title and Dignity of Earle of Fyfe . But having thus far presumed upon , if not quite wearie● your patience , in this so thornie and mistie affair ; I must now , Courteous Reader , stand to the discretion of your Censure , where I shall allow you , That Rebus in priscis , ad unguem haud est quaerenda veritas . If on the other hand you will be pleased to grant me , Fidum annalium genus , sunt pervetusta carmina . And suffer me to conclude with what Skeen closeth the Preface to his De verborum significatione , Si quid novisti rectius istis , Candidus imperti : si non , his utere mecum . FINIS . THat , Gentle Reader , I may conceale you nothing ; Just now , as it was a doing under the Irons am I told there is an exact Coppie , with a true exposition of this Inscription at the Newburgh , in the hands , or books of the Clerk there : And yet my Informer , though with us a good Antiquarie and Historian , could neither tell me the lines , nor the exposition . And pitie it were that so old and famous a Monument in this our Kingdom , should be so closlie dormant , in a poo● Countrey-village , without being communicate ( for ought I know ) to any : For it should seem , our Clerk-register Skeen , had neither seen nor heard of it , otherwayes ( me thinks ) he would hardly have called the lines so barbarous . But this , however , I hope may invite those of the Newburgh to divulge it , ( if any-such thing they have ) for it is onely truth , ( not vanity ) that here I am in quest of . And as this my weak Essay , I have adventured upon , without the help of any living● So crave I no it other Patron , but , Courteous Reader , your own Candour and Ingenuity . 
A36121	----	The Discovery of a late and bloody conspiracie at Edenburg in Scotland related in a letter sent to Mr. Pym and the rest of the committes of the House of Commons / from the Committes of Scotland, Octob. 14, 1641, and read in the House of Commons assembled Octob. 20 ; with the names of those lords that should have bin slaine ; and the names of the conspirators. This text is an enriched version of the TCP digital transcription A36121 of text R17407 in the English Short Title Catalog (Wing D1637). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A36121 Wing D1637 ESTC R17407 12865055 ocm 12865055 94723 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A36121) Transcribed from: (Early English Books Online ; image set 94723) Images scanned from microfilm: (Early English books, 1641-1700 ; 255:E173, no 13) The Discovery of a late and bloody conspiracie at Edenburg in Scotland related in a letter sent to Mr. Pym and the rest of the committes of the House of Commons / from the Committes of Scotland, Octob. 14, 1641, and read in the House of Commons assembled Octob. 20 ; with the names of those lords that should have bin slaine ; and the names of the conspirators. Armyne, William, Sir, 1593-1651. Fiennes, Nathaniel, 1607 or 8-1669. Hampden, John, 1594-1643. Stapleton, Philip, Sir, 1603-1647. [2], 4 p. Printed for Iohn Thomas, London : 1641. Signed: John Hampden, Nath. Fines, Wm. Armine, Phil. Stapleton. Reproduction of original in Thomason Collection, British Library. eng Pym, John, 1584-1643. Scotland -- History -- Charles I, 1625-1649. A36121 R17407 (Wing D1637). civilwar no The Discovery of a late and bloody conspiracie at Edenburg, in Scotland. Related in a letter sent to Mr. Pym, and the rest of the committes [no entry] 1641 705 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2006-02 TCP Assigned for keying and markup 2006-05 SPi Global Keyed and coded from ProQuest page images 2006-09 Judith Siefring Sampled and proofread 2006-09 Judith Siefring Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion THE DISCOVERY Of a late and Bloody CONSPIRACIE At Edenburg , in SCOTLAND . Related in a Letter sent to Mr. PYM , and the rest of the Committes of the House of COMMONS . From the Committes of Scotland , Octob. 14. 1641 , and read in the House of Commons assembled Octob. 20. With the Names of those Lords that should have bin Slaine . And the Names of the Conspirators . London Printed for Iohn Thomas . 1641. THE DISCOVERY Of a Plot by some of the Anti-Covenanters in Scotland , and sent to M. Pym in a Letter , Octob. 14 1641. SIR , things were lately in a very hopefull way of Accommodation . But on Monday night last , there fell out a great interruption , for upon information given to Marquise Hamilton , the EARLE of Argile , and the Earle of Lanericke , that there was a designe to seize upon their persons that night , they removed presently from their Lodgings , and stayd in the City all night , and the next morning , the Relation being made to the Parliament , there was present order given for the shutting of the Ports , and setting of the Guards of the Towne , which continue so still , and the same day , the Marquesse Hamilton , the Earle of Argile , and the Earle of Lanericke , departed hence to a house of the Marquesses , about 12-miles of , where they continue still . The Depositions of one Captaine Stewards and the Lievtenant Colonell Hurry , and Hume were read upon Tuseday in full Parliament ; The King being present , and upon the reading whereof , the Parliament thought fit to restraine the Earle of Craford , Col Stewart ; and Col. Cockron , who are not yet examined , Before this Conspiracy fell out wee had the Treaty delivered unto us , under the great Seale of Scotland , and that which remained of our businesse , being to get the two Regiments disbanded , and their workes sleighted , to perfect an accompt betwene the King and some Inhabitants of New-Castle and the Scots , about some Armes which was taken away in their late troubles , and the assisting of some English in their Demands , of the reparations ( of losses , which they sustained by the Scottish army ) were put into such a way , as we expected to have seene them all at an Issue presently . But this plot hath put not onely ours , but all other businesses to a stand , and may be an occasion of many and great troubles in this Kingdome , if Almighty God in his mercy doe not prevent it , which being an accident of such great moment ( as well to prevent as farre as in us lyes ) the many inconveniences that may arise by false reports , as also in discharge of the trust reposed in us , we thought fit to send you timely advertisement of it , and we shall give you a more full accompt , when by examination it shall be further discovered . Edenburgh Castle , Octob. 14. 1641. Sir , we are your friends and servants , IOHN HAMDEN , NATH. FINES , IO. ARMINE . PHIL. STAPLETON . Subscribed To our worthy Friend Iohn Pym , Esquire , And to the rest of the Committe of the house of Commons , these present . The Names of those Lords that should have beene cut off in this Plot of Scotland . The Marquise Hamilton . The Earle of Argile . The Lord Balmerido . The Lord Lowden . Generall Lesly . The Lord Lindsey the Marquisses brother , and some others . The Conspirators Names . The Earle of Craford . The Lord Aymond , Lieutenant Generall . The Lord Carre , The Lord Craford , committed as a Prisoner . These were discovered by the Depositions taken in the Parliament House at Edingburgh in Scotland , of Lieutenant Colonell Hurry , Captaine Stewart , and Lieutenant Colonell Hume . FINIS . 
A38034	----	The Parliament having received intelligence of the taking of the castle of Sterling in Scotland ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A38034 of text R33330 in the English Short Title Catalog (Wing E2124). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A38034 Wing E2124 ESTC R33330 13265559 ocm 13265559 98696 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38034) Transcribed from: (Early English Books Online ; image set 98696) Images scanned from microfilm: (Early English books, 1641-1700 ; 1550:19) The Parliament having received intelligence of the taking of the castle of Sterling in Scotland ... England and Wales. Parliament. 1 broadside. Printed by John Field ..., London : 1651 Title from first two lines of text. At head of title: Saturday the 30th day of August, 1651. Reproduction of original in the Harvard University Library. eng Derby, James Stanley, -- Earl of, 1607-1651. Lilburne, Robert, 1613-1665. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. Scotland -- History -- 1649-1660. A38034 R33330 (Wing E2124). civilwar no Saturday the 30th day of August. 1651. The Parliament having received intelligence of the taking of the castle of Sterling in Scotland ... England and Wales. Parliament 1651 263 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Saturday the 30th day of August . 1651. THe Parliament having received Intelligence of the taking of the Castle of Sterling in Scotland ( wherein were the Records of Scotland , Forty Pieces of Ordnance , Five thousand Arms , with several Provisions and Ammunition ) As also of the Dispersing of the new Levies of the Enemy in Scotland ; and likewise of the total Rout and Overthrow of the Earl of Derby , and all the Forces under his Command in Lancashire , by the Parliaments Forces under Colonel Robert Lilborne ( the Particulars whereof , together with the Number and Names of divers of the Colonels slain or taken Prisoners , is contained in a Letter sent to the Parliament from the said Colonel Robert Lilborne ) Do Order , that on the next Lords day , Thanks be given to Almighty God by the Ministers in all Churches and Congregations within the late Lines of Communication , and weekly Bills of Mortality , for these Great and Seasonable Mercies ; and that they do then also beg of Almighty God , a Blessing upon the Parliaments Army now ready to Ingage with the Enemy . And that the Lord Mayor of the City of London do take care , That timely notice be given to the said Ministers accordingly . ORdered by the Parliament , That this Order be forthwith printed and published . Hen : Scobell , Cleric . Parliamenti . London , Printed by John Field , Printer to the Parliament of England . 1651. 
A38591	----	Advertisement from a noble and potent Earle, Iohn Earle of Errol, Lord Hay and Slaines, high constable of Scotland, sheriff-principall of the sheriffdom of Aberdeen Mr. William More of Hilton, advocate, sheriff depute of the said shyre, and Andrew Skene younger, of Pitmuckston, heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen. Erroll, John Hay, Earl of. 1680 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A38591 Wing E3247 ESTC R37807 17021635 ocm 17021635 105828 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38591) Transcribed from: (Early English Books Online ; image set 105828) Images scanned from microfilm: (Early English books, 1641-1700 ; 1614:50) Advertisement from a noble and potent Earle, Iohn Earle of Errol, Lord Hay and Slaines, high constable of Scotland, sheriff-principall of the sheriffdom of Aberdeen Mr. William More of Hilton, advocate, sheriff depute of the said shyre, and Andrew Skene younger, of Pitmuckston, heritable mair of fee of the said sheriffdom : to the several mair-deputs within the samen. Erroll, John Hay, Earl of. More, William. Skene, Andrew. 1 broadside. s.n., [Aberdeen : 1680] "Given under our hands at Aberdeen, the twentysixth day of August 1680. [signed] Erroll. Mr. William More. Andrew Skene." Reproduction of original in the Aberdeen City Charter Room, Aberdeen, Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sheriffs -- Scotland -- Aberdeen. Scotland -- History -- 1660-1688. 2006-11 TCP Assigned for keying and markup 2006-11 Apex CoVantage Keyed and coded from ProQuest page images 2006-12 Pip Willcox Sampled and proofread 2006-12 Pip Willcox Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion Advertisement from a noble and potent Earle , Iohn Earle of Errol , Lord Hay and Slaines ; high Constable of Scotland , Sheriff-principall of the Sheriffdom of Aberdeen ; Mr. William More of Hilton , Advocat , Sheriff-depute of the said Shyre ; and Andrew Skene younger , of Pitmuckston , Heritable Mair of Fee of the said Sheriffdom : To the several Mair-deputs within the samen . WHereas the Office of Mair of Fee , of this Sheriffdom , hath been of a long time bygone neglected and slighted , and that severall persons have presumed to assume unto themselves the Name and Office of a Mair-deput , who were never lawfullie admitted thereto ; As also , those who have been admitted by the said Andrew Skene , have maleversed in the exercise of there Offices , and altogether deficient in the performance of any duty incumbent upon them ; To the great abuse of the said Office , and of his Majesties Liedges . These are therefore giving Advertisement to the whole Mair-deputs , and Officers within this Sheriffdom , that they are not to exerce nor use , and hereby they are discharged to use or exerce the said office after the feast of Michelmas next to come , under all highest pain that can be inflicted upon them , requyring and commanding all such persons who presently are , or do intend to be Mair-deputs within this Sheriffdom , that they present themselves to the said Andrew Skene , betwixt and the foresaid day , and to receive from him formal Admissions , and find sufficient caution to him for their faithfull administration in their Offices : and for payment of such Aunuities as are due and payable be them : And his MAIESTIES Liedges within the said Sheriffdom are hereby discharged to imploy any persons who shall not be formally admitted by the said Mair of Fee. And to the effect none pretend ignorance , thir pesents are appointed to be printed , and published at each Parish Church door within the said Sheriffdom . Given under our Hands at Aberdeen , the twentysixth day of August 1680. Erroll . Mr. William More . Andrew Skene . For the Parish of _____ 
A38884	----	An exact and perfect relation of every particular of the fight at VVorcester and ordering the battle on both sides of the river of Severne from an emminent officer of the army ; severall letters from Scotland signifying the taking of Sir Philip Musgrave with severall other lords and lairds, and 500 of their party kild and taken neer Dumfreeze in Scotland ; also a letter from Col. Alured of the manner of the taking of Generall Lesley, &c. at Ellitt near Dundee ... ; lastly, also a letter of the taking of Dundee by storme September 1, in which storme Major Gen. Lumsden and 600 more of the Scots were slaine, &c. Emminent officer of the army. This text is an enriched version of the TCP digital transcription A38884 of text R17159 in the English Short Title Catalog (Wing E3603). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 14 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A38884 Wing E3603 ESTC R17159 12102453 ocm 12102453 54138 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A38884) Transcribed from: (Early English Books Online ; image set 54138) Images scanned from microfilm: (Early English books, 1641-1700 ; 66:14) An exact and perfect relation of every particular of the fight at VVorcester and ordering the battle on both sides of the river of Severne from an emminent officer of the army ; severall letters from Scotland signifying the taking of Sir Philip Musgrave with severall other lords and lairds, and 500 of their party kild and taken neer Dumfreeze in Scotland ; also a letter from Col. Alured of the manner of the taking of Generall Lesley, &c. at Ellitt near Dundee ... ; lastly, also a letter of the taking of Dundee by storme September 1, in which storme Major Gen. Lumsden and 600 more of the Scots were slaine, &c. Emminent officer of the army. [2], 6 p. Printed by Francis Leach, London : 1651. "Published by special command and authority" Reproduction of original in Yale University Library. eng Worcester, Battle of, 1651. Scotland -- History -- 1649-1660. Great Britain -- History -- Puritan Revolution, 1642-1660 -- Correspondence. A38884 R17159 (Wing E3603). civilwar no An exact and perfect relation of every particular of the fight at VVorcester, and ordering the battle on both sides of the river of Severne, Emminent officer of the army 1651 2333 5 0 0 0 0 0 21 C The rate of 21 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2006-10 TCP Assigned for keying and markup 2006-10 Aptara Keyed and coded from ProQuest page images 2006-11 Mona Logarbo Sampled and proofread 2006-11 Mona Logarbo Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion An Exact and Perfect RELATION Of every particular of the Fight at VVORCESTER , And ordering the battle on both sides of the river of Severne , from an emminent Officer of the ARMY . Severall Letters from Scotland signifying the taking of Sir Philip Musgrave , with severall other Lords and Lairds , and 500 of their party kild and taken neer Dumfreeze in Scotland . Also a Letter from Col. Alured , of the manner of the taking of Generall Lesley , &c. at Ellitt near Dundee , with an exact List of the prisoners of quality there taken . Lastly , also a Letter of the taking of Dundee by Storme September 1. in which storme Major Gen. Lumsden and 600 more of the Scots were slaine , &c. Published by speciall Command and Authority . LONDON , Printed by Francis Leach 1651. A more Exact Relation of every particular of the fight at WORCESTER , &c. VPon Wednesday morning between 5 and 6 of the Clocke we began to march from Vpton , and by reason of some hindr●nces in our march we reached not to Tame River , till betwixt 2 and 3 in the afternoon : As soon as our boats came up , which was much about the same time , the Bridge was presently made over the Severn on the Generalls side , and another over the River Tame on our side , we were come as far as Poyick , half a mile on this side the Bridge with our Van before the Enemy took the Alarm , which after they had taken , they drew downe both their Horse and their Foot from their Leaguer at St. Jones , to oppose our passing over our bridges of boats : The Generall pre●●n●ly commanded over Col. Ingolsby , and Col. Fairfax their R●g●ments , with part of his own Regiment , and the Life Guard , and Col Hackers of Horse over the River , after these on our side were commanded over Col. Goffs , and Major Gen. Deàns Regiments , all of which advanced toward the Enemy , who had lined their hedges thick with men , but it pleased the Lord after some sharp dispute , ours beat them from hedge to hedge . Col. Blake , Col. Gibbons , with Col. Marshes Regiment were commanded over as seconds to the former , and to attempt the Enemy in other places , where they had drawn down their men : My Lord Gray's was likewise order'd over and it pleased the Lord in half an hour or an hours dispute the enemy quitted their ground and fled away , only about Poyick Bridge ( which they had broke down , having the advantage of hedges and ditches ) they continued a sharp dispute with Col. Haines his Regiment , and Col. Cobbet , Col. Matthews being as reserve to them both , and it ple●sed the Lord that the Enemy likewise quitted the ground and runne away , some of Col. Hains his men wading over the River to advance upon them ; about a mile beyond Poyick the Enemy had broken down another bridge upon the passe , unto which place we sent some Dragoons , who with the assistance of some Horse made the Enemy quit that place , which gave a passage over for Lieut , Gen. Fleetwoode Regiment , Col. Twisletons and Col. Kenricks , who were commanded to pursue the Enemy , who as we had supposed made towards Hereford or Ludlow , but they wheeled off and run into Worcester , only some few who were taken . The ground where we fought was full of hedges that our horse had not much liberty to engage : but both Horse and and Foot where they had opportunity ( through the Lords presence strengthning of them ) did very gallantly : After the Enemy had run away into Worcester , they drew out their whole Army of Horse and Foot upon our Army on the other side , supposing that most of our Army had been advanced over the River , but the Lord made our Army there alike successefull as on the other side ; being assisted by Major Gen. Desboroughs Regiment . of Horse , and Col. Cobbets of Foot , on that side was part of the Generals Regiment , Major Gen. Lamberts , Commissary Gen. Whalies , Major Gen. Harrisons brigade , and Col. Tomblins with some of the Surrey and Essex Troops , those of Foot were Major Gen. Lamberts , Col. Prides , Col. Coopers , the Cheshire Brigade and the Essex Foot , all of these as the Lord gave them opportunity did behave themselves very gallantly , and beat the Enemy that came out , and those of them in the Royall Fort into the Town , and afterwards in the night time possessed themselves of the Towne , but as many Horse as could got away , though I suppose not three thousand in all escaped us : Col. Barton being commanded to Bewdley the day before with some Horse and Dragoones , did take many prisoners in their running away , it is said 1200. Yesterday morning by order from the Generall , we commanded 1500 horse and dragoons to pursue after the Enemy ( under the command of Col. Blundell ) who fled in the same way they came hither , M. G. Harrison is likewise gon after them , and will we doubt not ( through the Lords mercy ) overtake most of them , Col. Lilburn will , we hope , put a stop unto them . The King ( it is said ) went away with not above 12. horse , t is thought there is not 1000 horse of them together ; In all the engagements that ever hath beene , I think we have not seen a more immediate hand of God appearing than in this ; I believe there was never more courage and resolution in an Army , yet lesse done by us as men ; that which adds much to the mercy is that the presence of the Lord was so immediate with us , that we may say no flesh hath cause to boast , but we must say it is the Lord hath done all these things ; and O that we may have hearts to walke suitable unto what the Lord hath done for us , that it may appear by our walking and actings , that we are the people that the Lord hath done all this for . The number of those that are taken are said to be about 10000 , and neer 3000 slain , but in neither can I be positive , of all that were slain on our side , I am perswaded there is not 100 : of Officers I hear but very few , Lievt. Col. Mosely , and Capt. Iones of Colonel Cobbets Regiment were slain , Major General Lamberts horse was shot : the number of the Arms and Colours are so many , that as yet there can be no certain accompt given of them ; the General did exceedingly hazard himself , riding up and and downe in the midst of their shots , and went himself up to their Fort and offered them quarter , was then answered with nothing but shot , the Major General likewise and all the other Officers , did doe in their several places very gallantly . In the persuit , Col. Lilburns and the Generals Regiment of Foot have taken the Earl of Derby , Earl of Louderdale , Earl of Cleaviland , and about 140 more persons of quality ; they are still in persuit of the rest , September 5. 1651. neer Worcester . Letters from Scotland of the routing of Sir Philip Musgrove , several Lords , and 500 of their Party neer Dumfrieze SIR , Vpon Friday last ( being our Fair day at Beampton ) I got certaine intelligence , that one Lievtenant Douglas , and Craford with some Horse and Dragoons were designed for Naward , to surprise our horse , whereupon I forthwith sent to the Governour of Carlisle , who forthwith sent me a Partie of Musqueteers , it seems one Terrel , late a Corporal to Capt. Cicil Howard and some other Runawaies , brought the enemie upon this business : since then I dispatcht two Messengers into Scotland , to observe what they were doing ; and now one of them is returned , and brings me certain word , that our Horse and Dragoons from Edenburgh fell in amongst them at Dunfrieze , where there were above 500 of the enemie , and after half an hou●s dispute our men got into the Town , kild or took most of them , almost none escaping ; and by reason that most of the Townsmen did stand out ( notwithstanding the former promise ) therefore our Officers are making an example of them , and are scouring the Countrie thereabouts : I hope to day to have the particulars , for I heare Sir Iohn Chastors , with one Cealehead , and others are taken : I am Naward , September 3. 1651. Sir , Your humble servant R. C. SIR , SInce I closed up my Packet , I have another Messenger come , who assures me of the routing of the Enemie at Dunfrieze , and that Sir Philip Musgrave , the Mayor of Iohnston , Kealehead , with all the Lords and Leards in that Countrie are taken or killed ; the manner of it was thus , 100 horse of ours came to Dunfrieze , and after some small dispute got into the Towne , and plundered part , then retreated into Galloway , where they took up quarters ; and that night the remainder of the Bodie came to the same place , as was agreed before ; hereupon the Scots Countrymen , and all got together , not knowing of our grand bodie , and thought in the night time to have devoured our 100 horse , but our bodie being readie and expecting them , fell pell mell upon them , and as yet never a Scot can tell what is become of his fellow , an absolute rout , scarse any escaped . Naward Sptember 3. 1651. Yours , R. C. Collonell Alured's Letter of the taking Gen. Lesley , &c. With a perfect List of the Prisoners neer Dunder . SIR , IT hath pleased the Lord to give a great mercy to us in the delivery up of a great many of the Leaders , and chiefe of the Scottish Forces into our hands . I ( being commanded forth with a party of Horse and Dragoons , ) marched on a dark rainy night , in rough and tedious way , to the Town neer the High-Lands called Ellit , where we had intelligence , that most of the Scots Commanders lay , which wee found to bee true , and have taken there these Prisoners in this inclosed List , nominated , not above two of the most considerable men of the Committee of State are left , besides those who are here , the rest of the enemy were quartered at two little Towns within a mile , but my Party , who were about 800 were so dispersed in getting such rich Prizes , that I could not possibly go any further ; but having such considerable Prisoners , thought it most convenient to march away with them . The enemy were about 4000. who are all dispersed . Some of our party have gotten 500. 300. 200. 100 pounds a peece , and none of them but well rewarded for their service . I desire the Lord to give us hearts to be truly thankfull to him for this and all other his mercies towards us . I am Sir , Your friend to serve you , Matth : Alured . From my Tent before Dundee Aug. 29. 1651. A List of the Prisoners . GEneral Lesley , Earl Marshall , Lord of Keeth , Earl Crawford , Lord Ogleby , Lord Burginee , Lord Humby , Lord Lee , Sir Iames Fowls of Collington , Sir Alexand. Fotheringham of Powery , Sir Iames Locker , Col. Andrew Milns , Mr. Archibald Sidserfe , Mr. Tho. Hoburn , Lord of Humbies Sonne , Mr. Iohn Brickburn , of Ormston , Mr. Robert Norn of Strathord , Mr. Iohn Blare , Mr. Laurence Blare , M. Alex. Nern , M. Donell Crocket , M. Andrew Gray , M. Iohn Ramsey , M. Will. Leithton , M. David Duer , M. James Ogleby , M. Iohn Belches , M. Henry Cheap , M. Iames Fleming . Ministers . M. Rob. Douglas , M. Ia. Hamilton , M. Mungo Law , M. Iohn Smith , M. George Petilon , M. Iohn Ruttera , M. Iames Sharp , M. Hugh Ramsey , M. Andrew Carre , Cap. Andr. Wood , Cornet Tho. Brown . With about 70 Prisoners more , being Souldiers and servants to the Noblemen . A Letter from Leith Sept. 3. of the taking of Dundee by storme , &c. SIR , EVen now I received the newes of the taking Dundee , it was taken by storme on Munday last about 10 and 11 a Clock , within a quarter of an hour after they began to storme ; six hundred as my intelligence tels me are slaine . Amongst them Major Gen. Lumsden the Governour . Leith 3. Sep. 1651. FINIS . 
A29957	----	A short and true relation of some main passages of things (wherein the Scots are particularly concerned (from the very first beginning of these unhappy troubles to this day Short and true relation of some passages of things Buchanan, David, 1595?-1652? This text is an enriched version of the TCP digital transcription A29957 of text R521 in the English Short Title Catalog (Wing B5273). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 218 KB of XML-encoded text transcribed from 61 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A29957 Wing B5273 ESTC R521 12241120 ocm 12241120 56773 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29957) Transcribed from: (Early English Books Online ; image set 56773) Images scanned from microfilm: (Early English books, 1641-1700 ; 130:5) A short and true relation of some main passages of things (wherein the Scots are particularly concerned (from the very first beginning of these unhappy troubles to this day Short and true relation of some passages of things Buchanan, David, 1595?-1652? [16], 104 p. Printed by R. Raworth for R. Bostock ..., London : 1645. Also published with title: Truth its manifest, or, A short and true relation of divers main passages of things. Attributed to David Buchanan. Cf. Wing. "Published by authority" Reproduction of original in Thomason Collection, British Library. Imperfect: text often illegible. eng Scotland -- History -- Charles I, 1625-1649. Great Britain -- History -- Civil War, 1642-1649. A29957 R521 (Wing B5273). civilwar no A short and true relation of some main passages of things (wherein the Scots are particularly concerned (from the very first beginning of th Buchanan, David 1645 40902 5 0 0 0 0 0 1 B The rate of 1 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2005-05 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-07 Andrew Kuster Sampled and proofread 2005-07 Andrew Kuster Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion A SHORT AND TRUE RELATION OF Some main passages of things ( wherein the Scots are particularly concerned ( from the very first beginning of these unhappy Troubles to this day . Published by Authority . Zech. 8. 16. These are the things that ye shall do : Speak ye every man the truth to his Neighbour : execute the Judgement of Truth and Peace in your Gates : 17 And let none of you imagine evil in your hearts against his Neighbour , and love no false Oath ; for all these are things that I hate , saith the Lord . LONDON , Printed by R. Raworth , for R. Bestock , at the Kings head , in Pauls-Church-yard , 1645. To the Faithfull Reader . Christian Reader , MAy it please thee , at this time , to receive a free and true Discourse of sundry and main occurrences of businesses , here amongst us , tendred unto thee by a reall Friend , and faithfull Servant of thine , in the Lord ; who makes it a good part of his earnest study , to enquire in all seriousnesse after the truth of those things , which thus busie us all in these miserable dayes of ours , every where ; ( what in thoughts , what in words , what in deeds ) with the motives , occasions , reasons , and ends thereof ) and this forsooth not to content his vain curiosity , and meerely to feed his empty brains with notions ; as many read Books and bearken after news ; but , for the good of the Publike , unto the Service whereof , he freely and cheerfully devotes his pains and labours ; and so with pleasure , he , in all freedom of heart , imparts unto others , of what he jugeth to be true , and conducing to the good of Church and State , without unjust partiality , or base siding with any faction , the great disease in these our evil dayes , of foolish and weak men : And the principall occasion of those our great and long sufferings , with the tedious delays , and many hinderances of carrying on the publike Work , by action in the Field , and Counsell at home , to the benefit of Church and State . This he doeth , without regard to the persons of any whosoever , having no intent to offend the least by cynicall mordacitie , nor mind to curry favour with the greatest , by insinuating flattery , being ( by Gods great mercy towards him , unworthy worm ) pretty free from the chief cause of these distempers , ordinary to most men : For , on the one part , he knows no man who hath so far wronged him , in his own particular , as to move him unto anger or wrath against the person of any ; and he hath ever thought it contrary to good Christianity , and dissonant from morall honesty , to inveigh scurrilously against mens persons , as Pamphleteers do now adayes . Wherefore , he speaketh of the failings in divers kindes and degrees , wherewith he is highly offended , and much scandalized , of men of all ranks and conditions in both Kingdoms , without designation of their persons by name : Yea , he is so far from naming any man in particular , for his errors , that he makes mention but of a very few by name , and those with eloge and praise , wishing from his heart that he had just occasion to name all those to their advantage , at whose faults he points at . Further , he heartily blesseth God , who in his Fatherly care towards him hitherto , ( and he hopes will do so to the end , being assured that he , who giveth the principall , will not deny the accessory , if he thinks it fit for his own Glory and our good ) hath provided for him wherewith to sustain his nature , without great excesse or much want , and hath schooled him both by precept and practice , to live and be content of little , and so , not being so urged by a neer nipping necessity , or imaginary poverty , as to selt or betray the Truth for a morsell of Bread , nor so led away with the exorbitant desire of preferment or profit , as to cog in upon any terms by flattery , lying , and faining with those , in whose hands , for the present , the disturbation of such things is amongst us now adayes ; He dare be bold to speak home to the Point , and tell down-right the truth of things wherein the Church and State are so much concerned , not fearing to be crossed in his private interest , and put back from his hopes , by displeasing the gods . Moreover , he preferreth the possessing of himself with calm and freedom of spirit , having his little viaticum , such as it is , simple and course , to the glistering slavery , with toiling and moiling of ambitious and covetous ones ; to whatsoever hight with lustre and fair shew they attain unto , in the eyes of the World , and opinion of men , knowing that it is dear bought , with losse of time , and often of credit and conscience , and to be nothing but a meer shadow , which in a moment vanisheth . To the performance of this usefull and necessary Duty , he conceiveth himself bound in conscience , before God and man , for these respects and reasons ; First , Every one of us all , in our severall ranks and stations , ought , so far as in us lyeth , advance the Glory of God , and hinder whatsoever is contrary to it , or against it ; for , he is the Lord our God : Then being bound to the hearty Love of our Neighbour , we ought with earnestnesse procure his true good , and hinder him from receiving evil , or committing sin whereby evil may come upon him : This is inculcate in the Scripture over and over again ; Yea , we are bidden rebuke our Brother , or Neighbour , plainly , when he sinneth , in any kinde : otherwise we are said to be haters of him ; namely , we are to hinder him from walking about with lyes among the people , and from conspireing with the wicked . Read Levit. 19. 16 , 17. Next , The Church whereof we are Children , and the Countrey whereof we are Members , requireth and expecteth of us all , that with our whole power and might , we procure , in all uprightnesse and singlenesse of heart , their true good , and stop whatsoever appears to be against the same , either word or deed ; thoughts being onely known to God . To this we are not onely bound at once , by a generall tye ; but we iterate and renew it from time to time , as we receive benefits by them , or from them , according to the ordinary practice of us all . Thirdly , Are we not all obliged by our late Nationall Covenant , and sworn , to advance the setling of the Church-Reformation , according to the Word of God , and conforme to the best Reformed Churches , and to the setling of a solid Peace to the good of the People , by putting forward the Service , and opposing the open and declared Enemy , with the crafty Malignants , of whatsoever kinde , secretly undermining us in the pursuance of this our good Cause , by cabales , factions , lyes , devises , and plots , and with whatsoever else the wicked heart of man full of wyles for his own and his Neighbours ruine . All those tyes and bonds are shaken off and broken by the most part of us , either through negligent lazinesse , and remisse slacknesse , not minding them , and not having before our eyes as we ought the least part of our duty ; or through base connivence and treacherous compliance to the wicked courses of the Enemies against the Cause , we say we maintain , I am sure at least we ought ; or by open and professed Apostasie , we have joyned our hearts and affection with the Common Enemy , who so actively by all means opposeth this Cause of God , and persecuteth his people for it . This is done both in Scotland and England , not by a few , but by many ; not by little and small ones , but by the Chief and Leaders of the rest ; not by stopping things of humane infirmity and weaknesse , but with study and an high hand . Here we shall say a word or two of the carriage of those two Nations , in the going on with the Work of the Lord , for the setling of the Church , and quiet of his People . We shall begin at those of Scotland , who some few yeers ago were lifted up with praises among men , for their faithfull minding and following earnestly this great Work of God , all by-ends laid aside , for which God blessed them from Heaven , and made them be called happy among men ; for they had their hearts desire in the businesse , and their Enemies were subdued by them : But now , leaving off their former integrity and sincerity to the Cause of God , and their Love unto him , following the devices and desires of their own corrupt hearts , in pride , coveteousnesse , and factions , & notwitstanding the earnest and pressing admonitions , both in private and publike , of the Prophets and Ministers of God , they continue in their evil courses , preposterously minding themselves , and their worldly foolish interest of ambition and avarice , more then God , and the Cause of his Church and people . For this , God ( as it were by an essay to try them if they would , laying aside their lewd by wayes , mind him and his Service heartily and sincerly ) sends amongst them an hand-full of contemptible , profane , and wicked villains ; whom , at first , they despise and neglect ; but , going on in their wonted wayes , while the holy Name of God is profaned by those Sons of Belial , a part of their Land is wasted , the poor people spoiled and slain , with all other barbarous usage ; and so these number and power of the Slaves of Iniquity growing , they are plotting , caballing , and devising how to supplant another , and increase their severall faction , the seed of dissension being sowed amongst them by the Enemy , to divide , and so more easily compasse his ends upon them , which they would not and could not see , blinded with their corrupt passion . Then God , to admonish them anew , suffers some of those , whom they had employed against the Sons of Rebellion , to betray their trust , and omit divers good occasions , in all appearance , to make havock of these villains , yea , some to run over unto them in the hour of fight : and so , these Enemies of goodnesse , to advance their pernicious designe , do what they list . Yet , all this will not die with those hard-hearted and stubbling men , still employing and busying their thoughts how to bear down one another ; yea , some there were amongst them , who were not sorry in their hearts , of the progresse that those despisable villains made in the Countrey against the Service of the Common Cause , conceiving it did help to the setting up of their faction . But , since the affronts and blows , they received at divers times from those contemptible fellows , did not move these ingrate Children , God sends a Pestilence amongst them , which rageth with such fury , that hardly the like hath been heard of in that Land ; to try if at last they would leave their slacknes & remissenes in pursuing the Service of the Cause of Gods Church and People , their conniving and complying with his Enemies , yea , their helping those villains with means and advice , in opposing the Cause of God and oppressing his People . But , they remain obdured , like Children of disobedience , in their perverse wayes . So , at length , God in his wrath delivers them up to the hands of their wicked Enemies , making them as far to be scorned and misprised , for their not heartly minding him & his Service , as they had been before esteemed and extolled , for their adhering to him , and doing his Service faithfully . Yea , the Chief men of them , who had been cried up for Valour and Wisdom , are constrained to flie away , and have their lives for a prey . So God , who from the beginning of all those unhappy disturbances , till this last time , had made Scotland a Mirrour of his Mercy , in testimony of its faithfulnesse , adhering unto him ; makes it an example of his Justice for its back sliding from him . And thus , Judgement begins at the House of God ; now let England look seriously to it ; for the same very sins , which have been committed in Scotland , and for which it now lieth under the heavy rod of a chastising and angry God ; are now raigning in England , namely , ambition and avarice , with many more , which have not been seen in Scotland ; example , heresies , errors , and Sects of all sorts , to the dishonour of God , and to the withdrawing of the People from his Truth , are connived at and countenanced by those who are in Authority . Then , there be some of power and credit , who are so far from furthering the Reformation of the Church ( as they and we all are sworn to by the Covenant ) that they hinder the same , not onely by secret undermining , and by plots ; but by a continued open profession against it . Next , There be great oppressions , vexations , concussions , and injustices done unto the People , by divers in Authority ; the cry of all which , is as loud if not louder unto Heaven then the cry of the sins of Scotland . It may be that God , as he hath not be gun so soon to shew his Mercy unto England as he did unto Scotland , will not send his Judgement upon it so speedily ; yet , doubtlesse , without a serious Repentance and a true turning unto God , Judgement will come , and the longer it is a coming , the heavier it will be . It is not the good Cause of Church and State that will do Englands turn , more then the Temple and the Law of old did save Judah from ruine ; nor the same good Cause hath kept Scotland from punishment ; the good Cause ill managed , by negligence , ambition , avarice , faction , self-conceit , and other vices of that kinde , draweth vengeance upon those who have the managing of it , and make the Cause to be in derision . Never good Cause hath been worse managed by the ignorance of weak ones , and the malice of other wicked . At last , God will maintain his Cause , ( no thanks to thee ) without thee , for he needs not thy help to do it ; but , since he hath been pleased to make use of thee in the Service of this his Cause , he expects faithfulnesse and zeal to it from thee , free from worldly and humane interest : Otherwayes vengeance is at thy door ; for God , as he will not , in his Worship and Cult , have linsey-wolsey of mens inventions intermingled with his pure and sacred Ordinance , so he will not , in managing the Service of his Cause and of his People , that men bring in the mixture or addition of their own interest ; for God will have our work wholly for himself ; and if we be faithfull in it , he will not forget to give us what we need to have for our selves ; otherwayes he will not onely cast us off and our work , but will curse both it and us . Again I say , Let England take example at her Neighbour ; yet I am sure God in his Judgement will remember his Mercy unto Scotland , and for his own Name sake will keep his promise unto his faithfull ones , whereof he hath a great number of all ranks and conditions in that distressed Countrey , and will not suffer this proud insulting Enemy to domineer thus ever his poor people , far lesse set up again his abominations and profane his holy Name ; but God will arise and throw his Enemies to the dust , for it is against him they fight , and for his sake they thus trouble , vex , & now oppresse his People . And although that all men , at this great last blow , were struken with astonishment , yet many take courage to go on with the Service of the Cause of God , with their whole heart and strength , acknowledging Gods Justice in this his thus chastising them , and confessing heartily their sins by which they have so provoked God to anger , and are truly sorry , not so much for their sufferings they now lie under , as for their offending their good God , on whom they are resolved to rely , and in whom they will constantly trust , and to whom they will more neerly adhere then ever ; let him deal with them as he pleaseth , they are the Servants , he is the Lord , they are the Pot , he is the Porter , they are the Creatures , and he is the Creator , whose will is alwayes good , not onely it self , but for us , if we be obedient and faithfull unto him . But , I will hold thee here no longer . So recommending thee to God , I go to the Discourse it self . A short and true Relation of divers passages of things , wherein the Scots are particularly concerned , from the first beginning of these troubles , to this day . IT is not unknown to men of understanding ; how that , many sinistrous reports , one after another , raised of the Scots ( for their faithfulnesse & constancy to the Cause of Religion and Liberty , in these Dominons ) by Malignants , that is , by Atheists , Libertines , Papists , Prelatists , and Sectaries of all kindes , officiating in their severall wayes for the Common Enemy , and spred abroad by the contrivers thereof , with the help of their instruments , Agents , and Favourers ; then received by the simpler sort , not knowing the truth of things , lesse the drift of the Malignants , in these calumnies ; otherwayes well-meaning people , ( for the truth is no sooner made known unto them , but they willingly lay hold on it ; and being admonished of the pernicious designe of the adversaries , they do abhorre and detest both it and them : ) hath done , and yet doeth great prejudice , according to the intent of the Enemy , unto the service now in hand , of the Common Cause of Church and State , these two inseparable twins , which both Kingdoms do now maintain , and intend to do unanimously with heart and hand , as they stand bound and united to lay aside all other and former tyes , by the Nationall Covenant , through the great Providence of God , in mercy to both , so that they prove faithfull and constant to this Cause of his and of his people , according to the said Covenant , against all opposition whatsoever , whether by declared and open war , or by clandestine and indirect undermining . Wherefore , after long forbearance with grief of mind , and compassion to see faithfull men and earnest in this Common Cause , so maliciously traduced , and , in them , the good Cause so much wronged ; as likewise , so many well-affected men to the said Cause , so grosly abused by crafty lyes , and impudent untruths : I have thought fit , for the good and service of the Common Cause , to the advancement whereof , every one is obliged to contribute according to what he hath , as he will answer one day to him , whose Cause first and principally it is , to undeceive many well-minded men , and to right , in some measure , those faithfull men to the Cause , who are so wickedly slandred , in giving unto the publike this true and short Discours ; whereby the truth of divers things will be made more known , lyes in a kind repressed , and the service of the Common Cause somewhat furthered ; at least it will not be so far kept back , as it hath hitherto been by these undermining courses . And the rather do I undertake this task , that those in a manner are silent , by whom most men do expect the clear truth of things of this kinde not so generally known , should be conveyed to all by a particular publication of them in writing , to the end that this course of so maliciously lying against trusty men may be stopped , and the well meaning men no longer thus abused . But these , of whom men look for performance of this duty , going about the main work they are come hither for in all earnestnesse , and singlenesse of heart , with care and diligence , and not without a great deal of drudging to and from , as faithfull and trusty labourers , do take but little notice of this wicked practise of their and the cause its Enemies , by lyes , howsoever industriously devised , and cunningly set forth , as altogether below them , chosing rather that their own good carriage , with constant resolution , and faithfull endeavours , and that of their Country-men engaged with them in the same businesse , although in another way , in sincerity of heart , advancing the publike work now in hand , should speak for them both , then either a flourishing tongue , or a nimble pen . Here , although I value much the goodnesse of these men to relye rather upon their own & their Countrey-mens honesty and integrity , in and about the work , then upon the setting forth of any Declaration , by writing of their own and their friends faithfull proceedings , and fair carrying on of things , in the publike service : Yet , in this I cannot esteem their prudency ; for , albeit native beauty ought not to be set forth by painting and patches , being compleat in it self ; yet it must be kept free from spots and and dirt , and made seen unto all , under a modest and comely dressing , by which means it is more pleasing and better liked of every one . And although where there is no fault , no Apologie ought to be made , yet , to make the truth openly known , ( when it is desguised ) for the information of those who take things meerly upon trust , and to stop the going on of wicked men with lyes , is not only an Act of Wisdom , but of Piety , yea , of Necessity , if men will not abandon the interest of a good cause to the malice of the Enemies thereof : and , as it is said by the wise man , Thou art not to answer a fool according to his folly , that is , in exorbitancy , &c. lest in so doing thou become like unto him ; even so by the same wise man thou art ordained to answer a fool as is fit and convenient , for the repressing of his folly , lest he think himself wise , and so go on in his evil course , to the dishonour of God the Father of truth , and to the prejudice of both Church and State , who are to be directed by the truth . Surely , if ever at any time the lye and calumny of the fool ( for so I call the calumniator , how cunningly soever he lyeth ) is to be repressed with a fit answer , it is at this time , when there lieth so much at the stake in both Kingdoms , as Religion and Libertie , with whatsoever else is , or ought to be dear unto men . Now then , to answer unto the calumnies of those Malignants , & to make the simple truth known to all , is absolutely necessary at this occasion , to the end that not onely the lyer may find his craft to be folly , but also his wicked intent to be disappointed , which is no lesse then a breach betwixt the two Nations , and hath been such from the beginning ; and consequently the ruine of both , now so united and joyned in the common interest of Church and State , that they must sink or swim together ; for if they should once devide , as the one doubtlesse will be presently undone ; so the end of the other will not be far off . Wherefore he that doth any evil office , to raise or increase jealousie betwixt them , under whatsoever pretext , is worse then any open Enemy , and what he intends to the publike , will come upon himself , that is , ruine , with disgrace . But , me thinks I hear you , whom I blame for silence in so necessary a case , and so needfull a time , say , We have not been wanting in this very thing you find fault with : For we have constantly and diligently communicated all things of any moment , freely and ingeniously , in all truth and simplenesse of heart , to some chief leading men , our particular good friends , upon whom we have relyed , from our first hither-coming , in all things concerning us and our Countrey-men , employed in the service , to the end that they should convey the truth of businesse , as in discretion they thought fit , and did see cause , for the publike good , and for the right of us their friends , to the Houses , and from thence to the publike . To this I answer , You have mistaken the right way , Sirs , for you should have made your addresses to the whole Parliament , or at least to the Committee appointed by the Parliament to hear you , consult with you , in a word , to deal or treat with you of all things , wherein you and they are jointly concerned ; and not suffer your selves to be engrossed by some few , howsoever they be Prime men : and what do you know , if by thus suffering your selves to be as it were led by them , hath not increased their credit ? For men may say , that they have reason to follow those , by whom you of so much reputation of wisdom and resolution , are guided , &c. Further , should not you have thought , that particular men , howsoever they serve the publike , have ordinarily particular ends of ambition and avarice , which the publike cannot have ? And although those your friends be free of these distempers , yet you are not assured of their constancy unto you ; for many things fall out betwixt man and man , which makes them not onely fall from intimacy of one with another , but makes them adverse and opposite one to another oftentimes . And , although your friends be free of this infirmity ; Are you wise men to relie upon others , for doing the things you should do your selves without a Procure ? He that trusteth another to do a thing fitting for himself to do , must expect to have the thing done , if at all done , neither so timely , nor so well , at least not so soon , nor so to his mind , as is it falleth out often : of extraordinary occasions and occurrences , there is no certain rule . Next , I know , you will say , We have acquainted the Houses of Parliament to the full with the truth of all things , by cut severall papers given unto them at divers times , upon divers occasions , and we have made known unto the Synode what concerneth Church businesses , and so we think we have done enough in this . But give me leave , Sirs , under favour , herein also you are hugely mistaken ; you do well to communicate freely and carefully unto the Houses of Parliament all things , and to acquaint them with your proceedings , wherein they have common interest with you , for the publike service of Church and State , in these Dominions ; I hope they do so with you , at least , they ought to do it , for the common good of both ; otherwayes , the work wherein both Kingdoms are so ingaged , and you both are employed , will go but slowly and limpingly on : Yet this is not enough ; for , first , the main passages of publike things done , and the chief reasons of the doing thereof , are to be made known to the whole Church and State , since the whole hath the chief interest in things common to all : although you are to communicate your counsels , deliberations , and conclusions of things to be done , for fear of miscarriage , onely to the Trustees of Church and State , as your selves are : Yet I say again , what , is de facto concerning all , must be made known to all ; for the Trustees of the State and Church , are not Lords of them , as Kings and Popes pretend to be ; but servants , as they avouch themselves , set on work by them , for the good of both , upon trust , which if they betray , they are double Traitors : First , they falsifie their truth to the State and Church , whereof they are Members and Children , and unto whom they owe all under God . Next , they betray the trust imposed upon them , for the good and benefit of both Church and State . Yea , the Houses of Parliament themselves , shew you the way how to carry your selves in this very particular ; for they , not onely for the satisfaction of the whole Kingdom , cause publish the things done by those whom they , as Trustees , have employed to carry on the service of the publike in the Fields ; but also , they publish unto the Kingdom Declarations of their honest intentions , and fair proceedings , with Votes and Ordinances , for the good of Church and State : And I am sure , the Trustees of your Nation for your Church and State , have done so , from the beginning , in your particular troubles ; and that , not onely to your own Countrey , but also to your neighbour , which hath done no harme , neither to the advancement of your affaires at home , nor to your reputation abroad . Although the Houses of Parliament rest satisfied in themselves of the honesty of your proceedings : Yet this giveth but small satisfaction unto the Kingdom . Yea , when you send in your papers to the Houses , it may happen that divers Members are absent at the time , and so remain as ignorant of your affaires , as before the in-giving of the papers ; for the Houses are so taken up with other thoughts and businesses , that they cannot acquaint the absents with your own affaires ; yea , some who are present in the Houses , at the reading of your papers , are carried of their attention unto you , by divers distractions , and so receive but small knowledge by them : Far lesse can the Houses take leasure to publish your affaires unto the world ; yea , I know not if in rigour they are tyed to do it . Although I confesse , it would be a good turn for the publike , and a brotherly office , if they would take the pains to do , or cause do it : howsoever , I am sure , the Houses are not so obliged to this duty , as your selves are ; neither although they were , can they do it so fully as you , not being so particularly acquainted with things . In a word , in duty you ought to make known unto the publike your own proceedings , and these of your Countrey-men , employed in the service of the Common Cause ; that it may be made manifest what good you have done alone , either by counsell in the Houses , or by action in the Field ; what you have been assistants in , and what you ever have been willing to do , and are still minded to do , providing you be not stopped ; and if you have been stopped , let it be declared where the fault lieth , and not you bear the burden of other mens mistakes and errors . Next , is it not fit , that it be published what you have done for such vast summes of money raised upon the publike for your use , as is given out , and how much you have received of it ? that if you have received all , you may make known what you have done for all ; and if you have received more then your due , you are in conscience and honour to do the publike the service you are pay'd for beforehand : as likewise , if you have not received all which is raised for you , that it may be known how much of it is wanting , and enquiry may be made what is become of the rest ; and so , if you make it appear unto the world , that there is much still due unto you of your pay , far above what you have received ; then all honest people , being truely informed of things , will approve your faithfull and fair carriage , acknowledge your love and kindnesse , thank God for your help and assistance at such an exigence , and be heartily civill unto you , till God enable them to recompence you for your faithfull pains , according to your just deserts and their earnest desires ; and so things will redound to your credit and advantage . You may know and feel all this , what I have been saying unto you , to be true , according to sense and reason , by one seule instance , to lay aside all others at this time : And it is this of the papers you gave into the Houses , about the latter end of May last , upon occasion of high murmurings against you , in and about the Houses , by information of Malignants , which gave abundant satisfaction to so many of both Houses , as either heard it them read ( as is well known ) or read them themselves with attention : But , others of the Houses , who are not acquainted with your papers , partly not hearing them , although present when perhaps they are delivered in , by reason of their other thoughts ; partly being absent , at that time , remained still ignorant of your affaires , and possessed with calumnies against you : Far more the rest of the Kingdom . After some dayes , one Copy of these your papers having fallen , by chance , in the hands of a well-wisher to the Cause , and no enemy of yours , was published under the name of the Scots Manifest , without your knowledge , which hath done more despite to the Enemies of the Truth , than any thing you have done this long time , and more right unto you then you looked for , yea , nor your silence deserved ; yet not so much as is needfull for you and your friends ; for it did stop the mouths of the wicked calumniators , and inform many well-meaning men : and divers Members of the Houses there were , who had not heard of such a thing , before it was printed ; to say nothing of the generality of the people , every where . Yea , I am told , it went beyond Sea , and there stopped the mouths of Malignants , and gained those who were indifferent , and confirmed your friends . But what , you will say , Must the hid things or Mysteries of State be divulged ? No , I do not mean it , nor do I say it ; For I leave the Mysteries of State to the Mystes thereof ; Onely my simple meaning and honest desire is , that these things which are not , and ought to be , made known to all , be not kept in a mist by a mysterious prudency , but communicated to the publike ; such are the things de facto , and of reason , wherein all are concerned : and these are the things I spake of . Besides , you must think , there be many men not particularly employed in the publike Service , who have both hearts and brains , to serve the Common Cause ; but cannot do it , while all is thus kept in a cloud , as in the Romish Church , where the Mystes think all men idiots but themselves , and keep from the people the things of God . Then you will say , to tell plainly and openly , The Truth , perhaps , will not be pleasing to all , yea , perchance not to some of our fellow-Labourers . My advice is not , that you say or write any thing , in intention to displease the least of men , far lesse to displease these your Fellow-Labourers : But let Truth be said above all things , when the publike requires it for its service ; and we our selves are bound upon our own credit to do it . Be angry who will ; God keep me from neglect and contempt , for lying or suppressing the Truth ; I fear not anger for any publishing of Truth : He that is not bold to publish the Truth , for timorousnesse , belyeth his own knowledge , and I dare say , betrayeth the Truth . You that are trusted with the carriage of things , in Truth , and for the Truth , are not onely bound to make known the truth of what you do and say , to the world , as it hath been said ; but , further you are obliged in conscience , and the publike expects it of you , that you presse home the Truth with vigour & resolution , in all freedom , down-right , in all places , and at all occasions , where you meet for consultation , deliberation , debate , and conclusion of things concerning Church or State , in Politike and Ecclesiastike Assemblies ; and in so doing , you will gain the price , having all honest men to stand to you ; and will put such a terrour in Malignants , that their malice will be much abated . Surely , I am perswaded , had you been stouter in the Synode , these strong heads , and factious few ones , who hitherto have troubled the setling of Church-affaires , and are likely to trouble the State , if it be not well looked to and neerly , had long ere now been quashed ; and so , if you had not been so meal-mouthed with the sollicisme in reason , of the time and place , I humbly conceive you had not met with so many rubs in your publike meetings , nor had your wholsome counsels found such opposition , nor your men of war been so kept off Field action . All which hath not onely done prejudice to the publike Service ; but hath brought things to great hazard , yea , almost to the undoing of all : But , God in his mercy hath turned the balance , no thank to your remissenesse , wherein God sheweth , although men will not do what they ought and can do for his Service , upon I cannot tell what consideration , he will do the work of men , by no men . When I think on John Knox , and George Buchanan , how freely they spoke and writ , at all times , and upon all occasions , when the Church and State were concerned , without fear of any man or Assembly whatsoever ; having nothing before their eyes , but the glory of God , and the good of his people . They were weak and infirm men , as we are all ; but their stout zeal to the publike was admirable , and is ever to be remembred by us ; not onely to their praise , but also to spur us up to imitate them in this heroike vertue . For me , I value the zeal and stoutnesse of these two Champions of the Truth , more than all their other vertues , howsoever eminent they were . But , you will say , It is now another age , and consequently another way of carriage of things is required . It is true , we live now in another age , which is worse than that of these men : Wherefore , we must then strive with greater zeal and vertue , to oppose the wickednesse of this time ; For although , by a prudentiall preventing and declining , by clear-seeing men , many plots and devises of the wicked , may be for a time shunned : Yet , there is no way to make the wicked leave or weary of resisting and oppressing goodnesse , but by a vigorous and stout opposing of them . Besides , although the Cards be new we play with all ; yet it is the same very Game that our Fathers had in Scotland , and our Neighbours had lately , in our dayes , in France ; Where and when nothing did prevaile , or do good unto the Cause , but resolution and zeal in carrying on the things , not onely against the Common Enemy ; but also , against the false Friends , and they that walked then any other way , betrayed the Cause , and purchased unto themselves the title of silly inconsiderable men , of whatsoever rank or degree they were . To say nothing of the judgement of God that fell upon them , and to this day hangs upon them and theirs . I shun examples in this case ; for I love to reprove faults , and spare mens persons . Moreover , since the Malignants , every where , are so busie running to and fro , like so many Bees , with great care and heat , and so bold , to forge and invent lyes , by word and writing , to abuse the World , and so wrong treacherously the publike Service : Why should not then faithfull men be diligent and stout , in all freedom , to make known the truth of things , for the confirming of the well-affected , and for stopping of the mouth of the wicked , and so consequently , for the better carrying on of the work now in hand ? Now , being thus friendly and freely admonished by one who wisheth well to the Common Cause you now serve , with his whole heart , and unto your selves in particular , in so far as you are faithfull and earnest , zealous and stout in this Cause of God and his people , laying aside all humane prudence , which is not subservient to zeal and stoutnesse , as well as to faithfulnesse and earnestnesse : I hope you will take care to minde this slip , by giving unto the publike a true and free relation of all things from time to time , as the occasion shall require ; and in your meetings , about Church and State , to be stout and free , for the advancing of the publike Service to the glory of God , to the good of his people , and to the contentment and satisfaction of well-affected men , in despite of malignancy . In the interim , till you perform this duty , give me leave , in this place , plainly and homely to put unto the view of the World , the relation of some things of speciall note , hardly well known to many , at least taken notice of but by a few , concerning the carriage of the Scots ever since the very first beginning of these unhappy troubles to this day : the knowledge whereof , will do good , I am sure , to the publike Service , and will help to right , in some measure , men both faithfull and constant in the Work : Yea , the commemoration of these things , although known , I am perswaded , will give content to all honest and well-meaning men , unto whom the publike good is dearer than the interest of any particular man whatsoever , with whom they ought to go along no further than the particular man goeth on with the publike of Church and State , laying aside all other relation . As for other men , I value them no more than the open declared enemies , who preferre the pleasure of one abused Prince , under pretext of obligation they have to him , unto the good of Church and State . And thus I begin . The Common Enemy having designe to bring these Dominions under spirituall and temporall slavery , all things disposed for his ends , according to his mind ; thinks fit for his purpose to begin this great work in Scotland , promising unto himself to find least opposition there , for reasons which hitherto , by Gods mercy , hath deceived him . The Scots being pressed to receive the corrupt Liturgy , ( to say nothing in this place , of what was before put upon them ) fairly decline it , by iterate supplications and humble remonstrances unto the King : But nothing will do the turn , they must receive the Prelats Master-Peece , and Romes essay , the Nove-Antic-Service-Book , either by fair play or foul . The Scots on the other side , constant to their principles , refuse to receive the Book ; for which they are published by the Prelats and the Court , to be refractaries and rude fellows , without God or Religion : Which gave occasion to the Scots to make known , not onely unto their own people , at home ; but , to all men abroad ; namely , to their Brethren of England , by a publike Declaration , their condition , how they were wronged , the equity of their Cause , their lawfull proceedings , and their good intentions : by this means , their friends good will is confirmed unto them , and their enemies designe , in some measure , is broken ; who did intend , by lyes , to steal from them the good affection of their friends . Next , The Scots being constrained to have recourse to the Sword , for their just defence , all other means tryed failing , were back-bitten as mutinous , taking Arms for poverty , with intention to cast off the just Authority of their Native and lawfull Prince , and to invade England for the spoile thereof . To these most pernicious calumnies , the Scots replyeth by another Declaration , particularly addressed unto England ; whereby , they made known the absolute necessity of their taking up Arms , with their honest intentions therein : All which , they made good thereafter , in due time , by reall performance . For , so soon as they had occasion to shew their respect to the King , they did it , with all readinesse and submission ; and when they might have undone the Kings Army , and consequently invaded England , if they had pleased , and that with small opposition , instead of doing wrong to any English , they supplied the wants of those who were come against them , with Victuals , which then did abound in the Scots Army , but was very short in the Kings ; & having the flower of the Kings Army in their power , I mean the party that went to Dunslaw ; they suffered it to return back in safety , and used it with all civility , notwithstanding these chosen ones had come against promise , and without cause , to destroy them , and to invade the Countrey . Thereafter , the Peace being made , the Scots according to the agreement , went quietly home , and laid down their Arms , as was promised . Then the Plot the abused King and his good Counsell had at Berwick , to draw the Chief men of Scotland to him , for to destroy them ; and the breach of the Parlement ; the burning in London of the Articles of agreement made at the borders , and many other like things , did not move the Scots , to recede in any measure from their dutifull respects to the King , nor from their love to the English Nation ; neither the imprisonment of their Commissioners , against the Law of Nations , and the safe-conduct granted unto them upon publike Faith ; nor the great Forces prepared against them , by Sea and by Land ; nor the many lyes spred against them , through all England ; nor the Prelatical excommunication so canonically spewed out against them , in all the Churches and Chappels of England : All these things , I say , did not make them give the least expression of disrespect to the King , nor disaffection to the English . Upon this , the Scots published a Declaration anew unto the World , whereby they made known unto all , how hardly they were dealt with all ; for , not onely the things stipulated with them , were not kept to them ; but also , more and greater wrongs than formerly , were done to them : Yea , a second expedition of War undertaken to destroy them ; and to fill up all , more lyes of no lesse importance , than the conquering of England , made and spred abroad of them , with other thunderbolts of the Prelaticall censure , shot against them : Also , they make known by this Declaration , their Christian resolution , and just enterprise , with their good intentions in taking Arms again , for their own defence , and the Cause which they maintain ; And by it , assureth their Brethren of England , although they were resolved to come into their Countrey to seek out their Enemies , who were there gathering against them ; and not to suffer these wicked ones to come unto them , and so make their own Countrey the Seat of the unhappy War : Yet , they had not the least thought to do any hurt to any body in England , except to their professed Enemies : So far were they from having the least thought of making a conquest . And that , when they had brought their Enemies to reason , they would go home in Peace . All which , was thereafter performed by the Scots to the full : For , first , being entred into England , and having rencountred one party of their Enemies , and routed it ; when it was in their power to pursue the Victory , they stayed at New-castle till things were agreed upon , betwixt the King and them . This incoming of the Scots , gave occasion and liberty to divers of the Nobles of England , ( of whom , some since have betray'd the Cause of God , & of his people ; what by open Warfare , and what by clandestine undermining : ) to desire , of the King , a Parliament , for the good of the Kingdom . The King then durst not refuse their demand , by reason of the Scots , more then the continuance of it , which he granted likewise therafter , for the same Cause . Then the King , finding that the Parliament did not onely crosse , but quite spoile his designes , be plots with his Army , which he had raised against the Scots , to come and destroy the said Parliament , and to take the spoile of London , for their reward . But the businesse being discovered , faileth ; besides , they durst not undertake , howsoever they had promised , for fear of the Scots , who then were so neer . The King continuing in his wonted courses , after a little pause , tryes the Scots if they will do the deed ; and offers unto them for recompense , not onely the spoile of London , but also the foure Counties next adjacent unto their Countrey , to be adjoyned hereafter to it , with Jewels of great value in pawn for performance , if onely they would be engaged into the businesse . All these great offers , could not make the Scots willing to give their consent in any kinde to this wickednesse : For , they not onely rejected the Kings offers ; but also , giveth notice of the Plot , to the Parliament , and to the City of London , that they might make their best use of it . So , you may see , how that the Scots , under God , are the cause of the Assembling of the Parliament , of the continuance of it , being assembled , and of the preservation of it , from totall destruction and ruine . The King , seeing that he was stopped by the Scots , first , in their own Countrey , next , in England , to carry on his great designe , takes the Irish Papists by the hand , rather then be alwayes disappointed ; and they willingly undertake to levie Armes for his Service , that is , for the Romish Cause ; the Kings designe being subservient to the Romish Cause ; although he abused thinks otherwayes , and beleeves that Rome serveth to his purpose . But , to begin the Work , they must make sure all the Protestants ; and , if they cannot otherwayes , by Murthering and Massacring them ; for they knew them , according to the Principles of Religion and State , to be forward , either for the Covenanters of Scotland , or for the troublesome Parliament of England , if not for both . But the Irish , neither would , nor durst enter to any open Action , so long as the Scots Army , in England , was afoot ; therefore by all means , it must be sent home and cashiered : and to facilitate the businesse , the Court-Parasites , Instruments of Iniquity , with their Emissaries , must raise and spread abroad , jealousies of the Scots , among the people of the Countrey and City , namely in and about the Houses of Parliament ; who having not before their eyes , the reall Honesty and Integrity of the Scots , known by so many faithfull and loyall expressions ; and not keeping in their mind the many good offices done to them by the Scots ; giveth , in sillinesse of mind , ear and place to the crafty tales and apprehensions , invented by the Agents of the Common Enemy , to bring them to confusion and trouble . So the Plot taketh by the silly ones , and is set forward by the hid Malignan's . Yea , in a word , it is managed with such addresse and successe , that the Scots must go home ; and till they had done it , there could be no quiet , but increase of jealousies . The Scots , although they were not acquainted with the hight of mischief that was intended against the Church and State in these Dominions , by the Common Enemy , nor with the wayes of it ; yet , albeit they thought it very dangerous , after so many attempts of evil doing by the Enemy to retire them from England , not as yet well setled ; and to cashiere their Army , remitting the event of things to God , resolve to return home , and dismisse their Army , and so make known unto all the World their Candour and Integrity , and to take away all jealousies ; both from the King and from England ; which they do according to promise , not failing in the least circumstance , yea , not of the day . Well , the King having gained this point , to send home the Scots , and to make them lay down their Arms , resolveth to follow them into Scotland , and to trie once more to draw them to his designe ; no perswasion being able to stay or to stop his voyage : he goeth in haste from London , and overtaketh the Scots as their were upon their removall from New-castle for Scotland : He vieweth their Army by the way , and talketh with the Prime Officers thereof : He giveth Order to some of the good Physicians about him , to feel the pulse of the Scots softly , but they found the Scots pulse did not beat as they could have wished . He goeth on in his journey into Scotland , whither he is no sooner arrived , but he puts another designe afoot , premeditated with many more before : for , it is the custome of the wise Court , to have , at one and the same time , divers undertakings in designe , of which , it is a very hard matter , it one or other do not take effect . Yea , they have found but too true , to our wofull experience , that many have taken effect , and that not of the lesser ones , wherefore the Court will never cease to devise and invent enterprises . The Plot then set afoot by the K. in Scotland , was to make a considerable . Party there for his ends : and to make the businesse more facile , he resolveth to make sure the Chief men of Scotland , who were likely either to stop the designe , or not further it . But , this Plot is also discovered , and so it failed . The next recourse was to the Irish Papists , his good Friends , unto whom , from Scotland , a Commission is dispatched , under the Great Seal ( which Seal was at that instant time , in the Kings own custody ) of that Kingdom , to hasten , according to former agreement , the raising of the Irish in Arms ; who no sooner receive this new Order , but they break out , and at the first beginning of their Rebellion , declared that they had no ill will against any Scots in Ireland , for they were afraid of the Scots going over to the help of their Countrey-men , and so they would be stopped to go on with their Work ; but their spleen was against these English Protestants , who were Friends to that wicked Parliament in England , so untoward to the good King , and so adverse to their Catholike Cause . This Declaration of the Irish , did not ( although in favour of their Country-men ) hinder the Scots to offer their present Service , for the repressing of the Rebellion before things grew worse ; The King fairly refuseth the offer , and answering with verball thanks , said that he neither could , nor would do any thing in the businesse , without the advice and assistance of the Parliament , now a foot in England ; whereunto he was to repaire in all haste . So he leaveth Scotland , saying that every day he stayed there , was the losse of a County to him . He cometh to London , a little before Christmas ; the Rebellion having begun in Ireland in October : But he goe's very seldom to the Parliament , and when he goeth thither , he sayeth nothing concerning the Irish Rebellion , till by importunity he was constrained to it ; and then what he said , was little , cold , and ambiguous . And when the Scots , by their Commissioners , who had followed him from Scotland hither , did offer again a considerable help of ten thousand men , things were so carried , both in the Counsell and in the Parliament , by the corrupt and ignorant Party then , that the Scots were delayed from day to day , by one shift or other , for a long space , before that conditions could be agreed upon with them , for the sending of their help unto Ireland . And it was a longer time after the agreement , before things could be furnished unto them , for their Voyage . By those means , the Rebels had ado with lesse opposition ; and consequently , with lesse difficulty carried on their barbarous Work of spoiling , burning , and massacring innocent people of all rank and condition , without regard to sex or age . The Scots are no sooner gone to Ireland , but they assist their Friends with such affection and successe , that after some skirmishes and renconters with the Rebels , the North Countrey of Ireland , whereunto their help was particularly assigned , became pretty well cleared of the Rebels , although much wasted and and spoiled by them . In this course , hath the Scots continued to this day , constantly opposing these bloody wretches , notwithstanding the change that hath fallen in the South part of that Kingdom , by the treachery of those whom the Parliament employed and trusted to . Then when the King made a Cessation with these barbarous Cannibals , the Scots resolutely declared against it , and have manfully opposed it to this day : Without which opposition of the Scots , it had been received every where in Ireland , and the Rebels then , having nothing to do at home , had come hither in Bands and Troups into this Island . Thus did and still doth the Scots pursue their Point , notwithstanding all the hardship they have suffered , and yet suffer in the Service , partly by reason of the great troubles here of the Parliament , not being able to supply their Friends , as they would , and as they need ; partly by the negligence and unfaithfulnesse of those , who have been employed by the Parliament , and intrusted to have a care of supplying this need ; which hath been so great , that the Scots Army in Ireland , had absolutely starved for cold and hunger , if they had not been helped from Scotland , in a high measure . To return unto England : The misled King having left the Parliament , accompanied , or at least followed by numbers of men of divers degrees , Traytors to God and to their Countrey ; namely by those double Traytors , who were Members of the Houses of Parliament : for , they not onely have been dishonest and unfaithfull to the Church and State , whereof they are born Members and Children ; but , they have betray'd the trust wherewith they were trusted in both . By the assistance of which , he sets his designe on foot , to make open War against the Parliament , ( although under a hid notion ) to destroy it ; all other Devices and Plots , contrived by him and his , having failed as we have seen . Upon this , the Scots , in their respect to the King , love unto their Brethren in England , and above all , in their affection to the Cause of the Church of God , send Commissioners unto the King , and from him to the Parliament , as the occasion should serve . They found the King at York , where he was pulling his Sword out of its sheath , with all his might , and shaping it in all haste , which God in his Jugements hath suffered him to thrust in the bowels of so many thousands of his people , here , so unnaturally and barbarously ; not onely afar off , by not stopping it , by connivence or by Commission to his Agents and Instruments , as in Ireland and Scotland ; but being present in Person , and taking pleasure in doing of it in his own sight , and seeing of it done . In this place I do affirm , that there hath been more Christian Blood shed in these latter yeers , under the end of K. James and K. Charles Raigns , by their Commissions , Approbations , connivences , and not-forbidding , what at home , and what abroad , all which upon the matter they might have stopped , if it had been their pleasure , then were in the time of the ten Roman Persecutions . God turn the Kings heart towards him first , otherwayes he will never turn it toward his people . The Scots , as we were saying , send to him , to desire him to leave off the designe of embroiling himself and the people in a Civill War , in this Kingdom of England ; withall , to offer him their dutifull Service of Mediation and Intercession , for the taking away of all mistakes , and smoothing of things in a fair way , betwixt him and the Parliament . The misled King resolved to go on in evil courses , not onely neglects the respective and hearty offer of the Scots ; but sends them home , not suffering them to come unto the Parliament , according to their order and desire , which was to trye all fair means for the hindering of a War in England , and to stop the Massacres in Ireland . The King having thus dismissed the Scots , goe's to his Work , which , having overcome some rubs at the first , he carrieth on apace ; for having gathered together considerable Forces at Shrewsbury , from thence with his Army he marches towards London , notwithstanding the Parliaments-Army lay , as it were , in his way , who met with him at Edge-hill , and ( contrary to his expectation ) fights with him . He , after the Battel , having recollected the remnant of his men , although he had had the worse , continues his designe for London , and drew very neer unto it ; but being , by strong hand , constrained to retire , he goeth to Oxford , where he hath kept his Court constantly ever since till this day . The Scots seeing the commotions increasing in England , and considering the chief Instruments of those evils , could not in conscience and honesty , sit quiet any longer , and neither say nor do , while the State and Church of their Brethren in England , were thus in so great troubles ; send first a Commissioner from their Church unto the Parliament , to desire them , that as God , in his good Providence , had furnished them just occasion to cast out the Prelats from among them , not onely as unusefull Members of their Assembly ; but also , as Enemies to all their just proceedings for the good of Church and State ; so they would be pleased to thrust out these Tyrants and belly-gods from the Church , as main Instruments of all the disturbances , troubles , and miseries which are come , and of more , in all appearance , yet coming , if God in his mercy prevent them not . The Commissioner , after some debate , having obtained his demand , returneth homeward , and taking his way by the Court , then about Shrewsbury , made known to the King how he had sped in his errand , wherewith he had acquainted him before , as he was going to the Parliam . And he desireth the King to give his consent unto the casting of the Prelats out of the Church , as he had done to the putting them out of the Assembly of Parliament . To which the King did reply little or nothing ; but he told the Commissioner , that he , and they who sent him , were hugely mistaken , if they did think that the Houses of Parliament doth intend any setled Reformation , namely , as in Scotland ; for , said , he , you see how they do not represse the Schismes and Sects of all kinds , which abound in and about London ; yea , these evils are countenanced by some under-hand . Would to God that the Commissioner had had as just reason then , to answer unto the King , that he had been misinformed , and that an untruth had been told him concerning Sectaries , as he hath been mistaken in the intention of both Houses of Parliament , for the setleing Religion , according to the best way , as it expressed in the Nationall Covenant . Then , after that things , by degrees , had come to a great hight betwixt King and Parliament , much blood being shed , not onely in skirmishes and rencounters , but also in pitched Battel , to wit , at Edge hill . The Scots not being able to forbear any further , to try once more by fair means , if it were possible , to stop the course of those miseries , too far already gone on , send word to the King , then at Oxford , and to the Parliament , of their good intentions ; and demand a passe and safe-conduct from both , for Commissioners from them , to go unto both , and return home , as also to go to and fro betwixt them as cause should require . Of the Parliament , they had easily what they demanded , with thanks for their good will : But the King , not liking their offer , was loth to grant a passe ; yet being put to it , he could not fairly deny , and so at length , after some reluctancy , he sends a passe as was desired , and safe-conduct to the Scots ; which being received , they send their Commissioners straight to the King , unto whom they remonstrate home how that he had , by bad Counsell , cast himself in a Labyrinth of Evil , and the people of his Dominions ; which , doubtlesse , would bring both him and them to utter ruine , if not timely stopped in Gods Mercy , by his Wisdom and good Counsell . The Commissioners , instead of any positive answer , receive nothing but doubs , ambiguities , delays , and shifts , whereof nothing could be made , but that the misled King was resolved to his own and his peoples ruine . After a time , the Scots Commissioners told the King , that , according to their Order and Instructions , they intended to go unto the Parliament ; which they hoped he would think well of , and approve . But the King , notwithstanding the passe and safe-conduct he had granted them to that purpose , would not suffer them to go unto the Parliament ; yea , they were not permitted to speak with the Commissioners from the Parliament , who were then sent thither to the Court to treat when they were there . Such was the adversenesse of the Court to Peace , notwithstanding all the Kings Protestations . Further , the Scots Commissioners were so hardly used by the Court , namely , by the Prelaticall crew , that they could not in safety go openly and freely abroad . This is not all . At that time the Rulers of the Court send abroad their Agents , to tell every where , namely , in and about London , what indignity the Scots did offer , first unto the King , then unto the Parliament , and to the whole English Nation , by taking upon them ( being but Subjects ) to examine the disterences betwixt the King and Parliament , to compose them , and to make a Peace ; it being more honourable both for the King , and Parliament , and the whole Nation , to be beholden for this unto a Neighbour-State or Prince , then unto the Kings own Subjects , not so good as others in many respects . As this Discourse was invented , and spewed up and down by Malignants , so it was received by the simpler sort , not knowing the interest of States , lesse , wherein the true Honour of Princes , States , and Nations consisteth : Yet , they might have considered , that it is better to take up things quietly at home , then to trouble the Neighbours with our affaires . The Scots Commissioners , after some Moneths abode at Court , seeing they could do no good with the abused King , desire him to dismisse them , which he did put off from day to day , till at last he was written to by the State of Scotland , that if he sent not home in safety the Commissioners betwixt such and such a day , they would hold it as an open breach of the Peace , and that they would provide for businesses accordingly . Upon this the Commissioners , loden with fair , but conditionall promises from the King ( who yet would not anger them ) of Love and Care of that his Native Kingdom , so that they would be quiet , ( for he could not stop his mouth to say unto them , that if they would not stirre , he could easily compasse his ends in England ) take their leave at Court , and go home . At their arrivall , they find a number , in the South-West of their Countrey , of Papists and other Malignants , men of broken for tunes , risen to disturbe the Peace of the Kingdom , by Order from the King , notwithstanding his fair words ; which commotion was presently quashed , through Gods Mercy , by the diligence and forwardnesse of the good Gentry and Nobility in those parts , who did rise like one man against these Sons of Belial . As the Scots Commissioners retired home , the Houses of Parliament of England were made acquainted how that their good intentions were frustrated , themselves hardly used for a long time , but at last , with difficulty had gotten home . Now , the State of Scotland seeing the Common Enemy come to the hight , that nothing will satisfie him , but totall subversion of Church and State in these Dominions ; onely they , perhaps , might be kept for the last , although in intention they had been the first ; jugeth it not enough , for their interest in the Common Cause , to keep an Army in Ireland ; but also to be upon their guard at home , that they might stop any enterprise the Common Enemy should undertake against them to have any progresse in their Countrey , if they did not altogether prevent it : and to help their Brethren in England with their Sword , since all other means so often tryed , were disappointed by the malice of the Enemies . And so much the rather were they moved to this , that the Enemy was prevailing almost without let , for by that time he was Master not onely of the Field , but also of all the strong hold in the North , except Hull alone , with a numbrous and victorious Army of Horse and Foot , domineering and spoiling every where : likewise the West being almost altogether gone by the losse of Excester , the defeat given to the Parliaments Forces at the Vyses , and the base surrendring of Bristol , Banbury , &c. the Enemy did think to carry all before him , ready to enter into the Associated Counties , yea , to come to the Gates of London ; which they had done in all appearance , without the let of that Noble and never enough praised exploit of the Earl of Essex , of relieving of Glocester , almost at the last extremity , although valiantly defended by that brave Governour Massey , in despite of the proude Enemy ; and thereafter in beating of him at Newbery . While the Parliament was thus low , many faint-harted , yea Members of the two Houses , ran away to the Enemy , and others did withdraw , studying , to their eternall shame , to make their Peace more plausibly with the Enemy , and not to run over to him at discretion as others had done . But when things are thus almost in despaire , then it is thought fit time to have recourse to the Scots , and to call them for help : The Parliament , to try if they could do the businesse themselves , without troubling the Scots , was wisdom : for what need you call for aid , and trouble your Neighbours , when you can do the businesse alone ? but not to call for help till things be too low , it is very dangerous , say those who dive more deeply in affaires of this nature . But , the reason why the Scots were so long a calling in for help , was , not that the English were not willing to trouble their Brethren the Scots , for , why should they think of troubling the Scots , since their Fathers had been so ready to help Scotland , in its distresse then ? Generous hearts will as freely receive a courtesie as they do one , otherwayes they were proud , and self-conceited : But , the true cause , ( say they who know the mysteries of the time ) first was , that the Sectaries , prevailing with the Rulers of affaires , did so keep them from medling with the Scots , whom they knew to be no lesse adversaries to Schismes and Sects , then to Popery and Prelacy : Next , there were some who yet kept still a bit of a Bishop in their Belly , although by both Houses declared to be not onely unusefull in Church and State , but also enemies to both . Howsoever , these considerations must be laid aside for a time , and in such extremity the Scots must be called to help ; yea , some of those who are said to be the greatest sticklers for Sectaries , must at last be employed in their calling in ; which was long of coming , after it was resolved upon , by the shifts of the Enemies of Church and State . The Scots , notwithstanding all that had been signified unto them , concerning the favouring of Sectaries by the Parliament , and of their retaining somewhat of the old leaven of Prelacy ; seeing that their help was altogether needfull to save the Church and State of England from ruine ; heartily received the call , being already resolved beforehand upon the Point , and undertaketh , with a Christian and manly resolution , to engage themselves in a seen danger , and to undergo the hazard ( but , for Christ and his people no hazard is to be regarded ) to help their afflicted Brethren : Yet , with this precaution , that the Parliament should sincerly joyn with them in the setling of the Church , as they were heartily willing to assist them against the Common Enemy . This condition was granted unto the Scots by the Commissioners from the Parliament of England ; and to this end , it was agreed upon , at the desire of the Scots , that there should be one Covenant and League made betwixt both Kingdoms , and sworn to , for the setling of the Church according to the Word of God , and conform to the best Reformed Churches , and by name , to the Church of Scotland ; with the just Liberty of the people , and against all opposition whatsoever . But , because the English Commissioners would not take upon them to draw up and to make the Covenant there in Scotland , they desired that there might be Commissioners sent from Scotland unto the Parliament of England , for the drawing up of the said Covenant , and so was done ; for the Scots Commissioners assisting , the Covenant , after divers debates , was made , and thereafter subsigned , sworn first by the Houses , Synode , and the Scots Commissioners , and then by the people , and sent unto Scotland , where it was received , subsigned , and sworn by the convention of States , and then by the people : with all , in testimony of their true meaning , the Houses of Parliament desireth the Commissioners of Scotland to assist in the Synode , in their deliberations and conclusions concerning the Church . The Covenant is no sooner taken , but the King leaveth off to accuse the Parliament of continuing Schismes and Sects , and thereafter tells us , that he will have care of tender consciences , and this to make faction and division , as we have seen since . While things were thus managing at London , about the Covenant , the English Commissioners in Scotland , are agreed with the Scots , concerning the Army they were to send into England : the Articles of agreement being drawn up , and consented to by both parties ; Commissions were given for twenty thousand men ; who with all the haste possible , were gathered together , and then immediatly set forth : so in January they march , when it was both great frost and snow , and entering into England , with small opposition come as far in as Tyne : the Countrey , much burdened before , was either all wasted and utterly spoiled by the Enemy , hearing the Scots coming with a great number of men , & great power ; so they could likely find nothing in that Countrey , but what by strength of Arm they could pull out of the hands of the Enemy . Thus did the Scots fight for a while with their Enemies , to wit , with a multitude of men well armed , with evil weather , in the most intemperate time of the year , and with want of Victuals , which was the worst of all : and truely , it had gone hard with them , if it had not been for the provisions sent to them from home , which came but by difficile and uncertain carriage by Sea , by reason of the storms which fell out then : Yet , these resolute men were still gaining ground upon the Enemy , in number of men as great as they , at least , and far exceeding them in Horse , till at last they passed the River Tyne , haveing so wearied and harrassed the Enemy with continuall skirmishs and onsets , obliging him to lie without , and keep so strait and constant guard and watch , that in the end he was constrained to retire , and give way to the constant for wardnesse of the Scots ; divers of his men leaving him for wearinesse and want , others falling sick , and numbers being killed at divers rencounters ; at one namely there was eight hundred of them slain at Bauden . For all this , while the Scots were thus fighting with these three Enemies above-named , for the Common Cause expressed in the Covenant , some men at London , and that not of the meaner sort , did not stick to whisper in the ear one to another , that the Scots did not carry themselves neither as military men , nor as men of courage : this was the lesse regarded , that it was made by those , who , against their will , did give way to their calling in . The Scots did so take up the Enemy in the North , about New-castle and Duresme , that Sir Thomas Fairfax , assisted by Sir John Meldrum , took the Field again , ( having for a long time been confined to Hull , ) and tries Fortune : he begins at Selby , which he manfully assaults , and happily takes . Then those who had not been well pleased at the coming in of the Scots , did begin to say , Now since Selby was taken in , the Scots might retire , they could do the work without them ; but this discourse did not take by many . The Enemy hearing the news of this brave exploit , fearing for York , least Sir Thomas should carry it , run as fast as they could towards that City . The Scots , as soon as they hear of the Enemies removall , go after him on his heels , taking some of his men and bagage , and follow him unto the Gates of York . Upon this , My Lord Fairfax and Sir Thomas joyn with the Scots ; who send to the Earl of Manchester for his help , to besiege York , the Town being of such circuit , that the Scots alone , having left of their men in Sunderland and other places taken by them from the Enemy , neer New-castle , were not able to compasse it with such circumlineation as was needfull , and keep the Fields , so full of adversaries ; yea , not with the help that My Lord Fairfax brought unto them . Manchester joyns with the Scots : There were some here that were against Manchesters going North-ward to the Scots , not caring how much work the Scots had , and how little successe . A little hereafter , to be short , while the Forces of Manchester and Fairfax , joined with the Scots , are about the siege of York unanimously ; there is one who goe's from hence to sow some dissention betwixt the Generals , Lesley , Fairfax , and Manchester ; which designe is disappointed by Gods Mercy : then , there is another set a foot by others , to wit , by the Sectaries , which , although it did not rise to a breach , yet it did come to a distaste and dislike ; for the Sectaries under Manchester his command , seeing that the way of the Scots was set absolutely against their intentions , concerning the Church-businesses , as mainly did appear by the pressing of Church-government by the Scots in the Synod , and their oppositions of Sects , think themselves , that since they were come to some strength , they must not rely so much upon the Scots , now being able to stand upon their legs with their own Force , and do somewhat to eclipse the Scots whom they had so far extolled formerly , which , while they were weak , and in dislike with the people , for the miscarriage of things , ( say those who pretend to know the main passages of businesses ; ) now at the siege of York they begin to shew themselves , who had been under a cloud , and by some notable action , think to make the world take notice of them : so a party of them , without order of their General , enter in the Town of York , thinking to carry all before them : but , not acquainting their friends of their designe , they could not be seconded , and so were repulsed with great lose , and became wiser thereafter then to undertake any thing more in this kinde ; wherein they did shew , that when they did think it time for them to do , they would depend upon no order ; and so , neglecting Military Discipline , bring all to confusion . This fault was excused for once by ignorance . After some moneths siege , the united Forces before York hearing of Prince Rupert his coming towards them , send a party of both Nations into the Town of Manchester to secure the place , and to busie the Enemy in his way towards them , till they had advanced their work at York : The Enemy taking no notice of that place , and passing through with his daily increasing Army , goeth on as he was approching , the united Forces send Scouts to know his march and his strength ; upon whose relation , they leave the siege , and go to meet and fight him , thinking if they had dispatched his Forces , they would have lesse add in the work they had stook so long to : Upon misinformation , they take the wrong way to meet the Enemy ; so he had , upon this mistake , free accesse to the Town . The united Forces , seeing their mischance , turn their course to stop the Enemies further coming South-ward ; he , puft up with the successe of gaining free accesse to the Town , resolves to follow the united Forces , and fight them , promising unto himself , that his good Fortune would continue ; and if he had given a blow to their Forces , he would easily put an end to the designe in hand ; for the Scots being once routed , the main let and hinderance to the proceedings of the Court , would much diminush the Reputation of the Parliaments party . On the other side , the united Forces perceiving the Enemies mind , turn head towards him , fight with him with Gods blessing , and rout him ; but , not without losse ; for , notwithstanding all the care taken by the old and experimented Chief Commanders , first to put all in as good order as time and place could permit , and to keep things in order in time of Battel ; the new raised Horses of York-shire , neglecting the command and example of their Noble and Gallant Leader , who in this occasion , as in all other , carried himself valorously ; fall in disorder themselves , and turning towards these of their own side that were to second them , put many in such confusion , that they would take no notice of any Commander or Leader ; yea , they carrie some away with them by violence . In this Battel , divers gallant men of both Nations had an honourable share of the Victory : but , none I hear of , without disparagement to any , did appear so much in action that day with gallantry , as David Lesley . Here , the Sectaries , to indear themselves to the people , attribute unto themselves the honour of the day , and stick not to call their Champion The Savour of the three Kingdoms , when God knows , he that they extoll so much , did not appear at all in the heat of the businesse ; having received at the first a little scar , kept off , till the worst was past . After the Victory , and the Town of York taken in , the Generalls write to the Houses of Parliament to give thanks to God ; and , in token of their thankfulnesse to setle the businesse of the Church , and trye once more if it were possible to reconcile differences with the King , in a peaceable way . Things being setled at York , by common consent , the Scots go to New-castle , to besiege it , as the fittest service they could do for the publike then , neer the place they joyn with the Earl Calender his Forces , who had come from Scotland to represse the raging Enemy about New-castle , while Lesley was at York with his Army ▪ the Scots drawing neer New-castle , Calender and David Lesley , with six men more , went to view the place , from which there issued two Troops of Horse , which the eight men routed , having charged twice through them . The Scots for a long time endeavoured to take in the Town by fair means , but at last , through the obstinacy of those who were within , they were constrained to storm it , and so carried it . Those very men , who at the Battell neer York were put in disorder and fled with others , gave the assault , and took New-castle . Thus , the Scots being Masters of the Town , wrong no man , woman , nor child , takes a mediocre composition for the spoile ; in a word , they carry themselves with such moderation , that the Enemies who had been in Arms against them , were constrained to speak well of them . Few dayes after the taking of New-castle , the Castle of Tinmouth is taken by the Scots . The Winter by this time beginning , after so hard employment of the last Winter , and so toyling a Somerwork , as the siege of York and the Battell , besides divers skirmishes and rencounters with the Enemy , then the long siege of New-castle , and at last the storming of it ; they resolve to put their men in Garrisons . During the siege of New-castle , many calumnies was raised against the Scots , and spewed abroad by Malignants , and received here by the simpler sort . As the taking of New-castle , was the most important peece of service of that kinde , that could be done to the Kingdom of England , namely to the City of London ; so it did rejoyce all honest men : but , on the other side , the Malignants of all kindes were sorry at the doing of it ; but more sorry , that it was done by those , who are so constantly opposite to their courses . The Scots are not sooner peaceable Masters of New-castle , but the trade is renewed again betwixt it and London , to the comfort of the poor of London , who were starving for want of fire , and to the benefit of the richer sort . The Coales above and under ground , were rated & disposed on in equity , to the best use of the publike , not wronging the particular , according to the advice and by the Order of the Committee of both Kingdoms , then residing in the North , as the Commissioners appointed by the Parliament can be witnesses ; to whose consciences I appeale , if all this be not true . And the English prifoners , taken by the Scots , have been disposed on according to the will of the Houses of Parliament , as soon as it was possible to be done by Military Order . Now the Scots , after the taking of New-castle , although they were free of the open opposition of the Common Enemy for a time , yet they were molested , vexed , crossed , and traduced by the Malignants , Agents to the Enemy , in the Northern parts , besides those in and about London . Here you must know , that those of the Northern Countreys of England , have been constantly given to superstition , as men neglected in their instruction , or of purpose detained in ignorance by the Prelats , fore-castingby that means to make them the furer for their designe : And so , the King himself , at two severall times , did find them ready for his designe : The Earl of New-castle thereafter , did find them likewise ready to follow him : So , what by breeding , and what by latter yeers custome , they are for the most part in that Country Malignants . Next , the heavy pressures of Souldiers for so many yeers , with the barrennesse of the soile ( the Seots now coming upon them ) made them clamotous , things not going according to their mind ; For , first , not liking the Cause ; next , being already so spent , they were very sensible of the least thing could be demanded of them ; joint the malice of some of the chief men in the Countrey , made the people murmure at first , them rise up in Arms ; but , blessed be God , the insurrection was soon calmed . Further , those who are employed by the Parliament to manage the affaires of these Countreys , have put all the power in the hands of these who are wicked Malignants , being either professed Recusants , Sectaries of divers sorts , or at the best Prelatiques , sticking to the old Service-Book ; yea , some of those who have been in actuall Rebellion against the State under the Earl of New-castle , who are of the Committees of these Countreys , now having the power in their hands , spoile the Countrey , and oppresse good men , laying the blame of all upon the Scots , as hath been of late represented unto the House of Commons , by men without exception , deputed hither from these Countreys , in the name of many good men , to acquaint the Houses with the state of businesses there . The Malignants of the North Countreys carrie their businesses so , that they find Favourers and Agents to excuse them , and to further their evil courses . Let this , what I say here , be throughly sifted out , & it will be found too true , to the prejudice of the good Cause . God help us , and amend us ; for , what can we expect , when lyers and other wicked men find this favour and patronage ? The Winter declining , the Scots dispose themselves for the Field-Service , so soon as the provisions demanded , in a very moderate proportion , could be had from hence ; which went but late to them , by reason there was a time spent for obtaining the Ordinance from the Parliament ; next , a time for making ready ; thirdly , a time of sending of things . In the interim the Scots , although busied in keeping the ill-affected of the Countrey in obedience to the State , sends parties now and then , upon occasion , as the publike Service required , for example , to Sir William Brer●ton , and to Scarbor ough , &c. at last , the Rendivous is assigned to the Army the 15 of Aprill : to this effect , they require the Committee of that Countrey to provide draughts against the day aforesaid ; but , they could not have any in readinesse till the first day of May , at what time they marched to Rippon , with intention to come straight South-ward , according to the direction of the Committee of both Kingdoms , if they could have some few dayes provision ( upon all hazards ) and draughts . But , notwithstanding all their care and pains , they could obtain nothing but delays and incertainties , with promises onely of provision from night to night . If the Scots had had their reasonable demands for provisions and draughts , they had been neer the Enemy before he had done the evil he did at Leicester and elsewhere . While the Scots were at Rippon , it was resolved that David Lesley should go into Lancaster-shire with a party , and he was to have a thousand York-shire Horses to assist ; but , what performance there was of this , God knows , for he had not the third of armed men , although a thousand was promised . By this time , the Scots are advertised that the Enemy was with a flying Army to passe through Lancaster-shire to Carlile , and from thence into Scotland : upon which advice , resolution is taken , by the consent of the Committee , that the Scots should go into Lancaster-shire , and stop the Enemies passage Northward . After a serious enquiry made , the onely way for them to go , is by all means through Westmer land : From Rippon , notwithstanding the roughnesse and difficulties of the Countrey , in foure dayes they are upon the borders of Lancaster-shire with their whole Army ; whither being arrived , they have intelligence of the Enemies turning back again South-ward ; immediately they desire some small provisions for their Souldiers , and draughts , at the Committee of Westmerland and Cumberland : but they found them very slow and unwilling . Likewise , the Scots being so neer , they desired that their Forces before Carlile should be supplyed so far with Victuals , as to keep them from starving ; wherein they were the more earnest , that they saw how slackly those who were with their Forces , followed the businesse : Doubtlesse , if they had left then Carlile , the Enemy had been supplyed , and had kept it to this day ; which in all appearance was the desire of these Committees . After the Scots had ordained things the best they could concerning Carlile , they march South-ward in all haste beyond ordinary ; for , some dayes they marched above twenty miles : but after , they were constrained to stay in some places , one , two , and three dayes , for draughts . While the Scots were strugling with these difficulties , news are sent to the Parliament that the Scots were gone , no body knew where , and that they spoiled all the Countrey : and this was not done by open and declared Enemies , but by those whom the Parliament trust in these Countries with the managing of affaires ; yea , by some who formerly did professe hearty Friendship unto the Scots : but the wheel of their own interest turning about , not onely have they delinquished the Scots ; but also , have declared themselves opposite unto them , and this without any cause : so far prevaileth private interest with men , who seems to be best . Then , great murmures rise , that the Scots would abandon their Brethren at such a necessary time , leaveing all the burden of the War unto the Forces of the Parliament in the South . Thus were the Scots innocently traduced by Malignants . Upon this , the Scots Commissioners here , take , occasion to sent a Gentle-man to the Army , to know the truth and veritie of things ; and within a day or two thereafter , seeing the sinistrous reports increaseing , sent two of their own number to be satisfied of all things more fully , and hasten their coming South . In the mean time , the Houses of Parliament presse to know what was become of the Scots , and why they had gone this unexpected way , and why , after so many and earnest calls , they did not march South-ward , the good of the publike Service so requiring . Whereupon , the Scots Commissioners gave in two papers to the Houses , containing a plain and full relation of the naked truth and reason of things desired ; the ignorance of which had , by the shifts of Malignants officiating for the Common Enemy , occasioned a great murmure against the Scots up and down . These papers gave such satisfaction to all those who heard them read , and gave attention to them , that nothing was to be replied to the least circumstance mentioned in them ; yea , not by those who had been most enclining to give credit to sinistrous repors . Yet these papers were so little divulged , that divers of the House of Commons , who either had been absent when they were given in , or not attentive when they were read , did not know of any such thing . Next , although the papers had given full content to the Houses , yet the slanders of Malignants not onely continued , but increased daily more and more against the Scots . After some few dayes , there falleth a Copy of these papers into the hands of one , which being shewed by him to some well-affected men , and lovers of the Common Cause , were thought sit by all means , for the publike good , to be published . As this was adoing , some Malignants get notice of it , and strive to stop it , by dealing with him who had the chief care of the businesse ; but in vain , for he was resolved to go on with his designe : so , he giveth the papers to the Presse , which the Printer intitles The Scots Manifest : This being published , opened the eyes of many men , to see the truth of things which formerly had been kept in a cloud . The publishing of this Manifest , did much vex the Malignants ; but , they then were more grieved to see it so well received , and the truth therein contained , so greedily laid hold on by the people , whom they hitherto had so grosly abused by their malicious lyes . Upon this , these lye-inventers bethink themselves of another shift , to cozen the World in this same businesse , and they go this way to work ; seeing they could not hinder the printing of the Manifest , they resolve to know whether , or no , the thing had been done by Order from the Commissioners , who being enquired if they had caused print the Manifest , they answered no ; and so it was , for without their knowledge the thing was done ; because that those who had a care of the printing of it , knew very well that the Commissioners , going on in their ordinary course , upon I know what prudentiall scrupulosity , do make known nothing of that they acquaint the Houses with , fearing to offend , howsoever needfull to be opened for the publike Service , and their own credit ; but , if there be any thing to be said against them , although without ground , they must hear of it on the deaf-side of their ear , and it must be in every bodies mouth . Then the forgers and publishers of lyes gave out , that the Manifest was a false and supposed thing , since the Commissioners did not own it ; when as they onely did say , that they had no hand in the printing of it , although they ayouch the thing to be in it self most true . Thus in this place I have set down a full relation of the publishing of the Manifest , whereof I touched somewhat before , upon another occasion , to make more known unto the World , with what cunning and crafty malice the Malignants of all kindes do oppose the truth upon all occasions , and how they study to hide it from those whom it doth concern , to the end they may feed them with lyes more easily , the truth being kept from them . After that the Commissioners had sent , as we have said , to the Army two severall dispatches , the House of Commons think it fit likewise to send some of their number to the Scotish Army , to see how things went in the said Army , and to hasten it South-ward ; who met the Army about Rippon , and come along with it no Nattingham , where those Gentle-men leave the Army , and come back to the Houses , whom they acquainted with the truth of all things , as namely , of the good condition of the Army , consisting in a fair number of brave Commanders and lusty Souldiers , of their ability and readinesse to do Service . Which relation , as it did content and please honest men , so it did gal and vexe the Malignants of all kindes . But with what difficulties of want of provisions and of carriage the Army had to struggle with in this march , and hath had formerly , yea , hath to this day , for any thing I know , except things be mended of late , as now I hope they are , or at least will be shortly , is beyond expression , partly through the neglect of some , partly through the malice of others , ( and that not of the meaner sort ) who make their study , not onely to furnish no encouragement to these who are come for their help ; but also , give them all the distaste they can , to make them weary of the Service , yea , to make them do things by the Law of necessity to keep themselves from starving , which otherwayes they would not , and so make them odious to those for whose good they are come into this Countrey . If this were done by an open Enemy , yea , by those who declare themselves to be indifferent , it were to be in some kinde digested ; but , it is done by those who would make men beleeve , that they are not onely most addicted to the good Cause ; but also , that they are advancers of the Service , whereas they make onely the Cause serve for a cloke to their ambition and avarice , in their heart caring for nothing , howsoever they make a shew otherwayes , but to compasse their own ends , whereunto a shew of affection to the good Cause doth contribute , namely , where they have any credit . But , to leave off complaining of those who are neither faithfull nor honest to the Cause , in thus useing the Scots , I ( going on in my Discourse ) will say a word or two , in this place , to the clearing of three things , whereof the first is concerning the moneys received by the Scots for their pay , since their first undertaking either in Ireland or in England unto this day . The next is , how and what provisions they have had for their going on with the Service , either here or in Ireland . The third is , of the disorders committed by the Scots in their Armies , either in England or in Ireland . First , I assure you , in the name of the Scots , that their earnest desire is , that all these things in particular be exactly tryed by the Law of Arms , and in equity judged , where the failings are , and by whom and how , to the end that every one may have his due of praise or of shame , of thanks or of blame , of recompense or of punishment , of remembrance or of oblivion , according as the cause shall require : and the sooner this be done , the better it will , for the Service of the publike , and the encouragement of honesty , and the repressing of wickednesse . In the mean time I will tell you in generall , that what money is received by the Scots , is far short of what they ought to have , and that they could wish their Armies in England ( to say nothing of their Forces in Ireland ) had as much money for six weeks , as the other Forces , employed in the Service with them , have in two weeks ; and this without jealousie , or envie that others are look●d and cared for ; yet there is no reason why they should be neglected , since they are constantly following the publike Service with activity and faithfulnesse . There is a great stir of sending money to them , and far greater of raising it for them , although they receive but a very small proportion , in regard either of what is allowed for them , and lesse of what is due unto them , and least of all , what is said to be levied for them ; Wherefore , I say again , they are most desirous of fair reckonings among Friends ; let the payment come when it may , the most pressing necessity being supplied . Next , For provisions , besides the smalnesse of them , they come so slowly , I must say again , that when they are upon their march , they are constrained to stay three dayes in one place against their will , for one dayes provision , and draughts can hardly be had for their march : as it hath been in their march , so it is in their abode , witnesse their being ten dayes before Hereford , not seeing bread but one day , all the rest liying upon Beanes , green Corn , and Fruits . In these they are so crossed , that it seems to be done expresly , for the disenabling them , so far as may be , to do the publike Service answerable to their own desire and readinesse , and to the expectation of the Kingdom . As for the disorders said to be done in the Army , as it is acknowledged that they are not Angels of Light , without feeding , being but poor infirme men , they cannot but fall and do amisse , in many and many a thing ; so they are not Cameleons to live upon the air , but are of such constitutions , that they must have more solid food of necessity for their subsistance , which now and then they cannot come by so orderly as should be . Yet I dare be bold to say , that the Scots Army is as well regulated , as most Armies are , without vanity be it said ; and that exorbitancy or scandall is no sooner known , but it is censured & punished according to its degree , by Ecclesiasticall and Military Law ; and that no complaint is made , but it is heard and answered , according to equity and reason : Yea , Proclamations are made to incite every one that hath any complaint , to repaire unto the Prime-Officers , or Counsell of War : Yet let the Leaders do what they can , some slips will fall out among the Souldiers that are not allowable ; and indeed the Commanders cannot be altogether so exact as otherways they would be with the Souldiers , since the pay is so slow , and so little of it at a time , and provisions so scarce and so hardly had ; for when the bellie is thus extreamly pinched , it were hard measure to beat the back . When the Scots Army came to Nottingham , the Generall sent a Letter subscribed by himself , and two more , unto the Committee of both Kingdoms , whereby , in few words , he tels how that the Scots employed in this Service of the Common Cause , have had , and have to this day , very harsh usage and hard measure in divers fashions , even from these who not onely by the Common Interest of both Nations , are bound to be then Friends and Brethren ; but also , from these who formerly made a particular shew of Friendship unto them : Yet , notwithstanding all this , he declareth how that with hearty earnestnesse , they are in readinesse to go on faithfully and resolutely with the Work : But , judging that a view of the Letter it self , would give satisfaction to many , I have thought fit to set down here a true Copy of it , furnished unto me by a Friend . A Letter of the Scots Generall at Nottingham to the Committees of both Kingdoms . My Lords and Gentlemen , THe continuance of a firme Union and good correspondance betwixt the Kingdoms , is so much in our thoughts and wishes , as that without it , we can expect no better then the weakning , yea , the undoing of this Common Cause , and the strengthening of the Common Enemies ; and , although there be neither few nor small occasions and discouragements from the misrepresentation of our Actions , and misapprehension of our intentions , from the cooling , if not changing , of that affection formerly expressed , both towards our selves , and towards divers of our Countrey-men , who have deserved well for their abilities and faithfulnesse in the publike ; and from the usage and entertainment of this Army , which is neither to that which other Armies in this Kingdom do receive , nor according to the Treaty between the Kingdoms , nor at all certain , such as can avoid the hatred and discontent of the people , whose affections and good will we desire to carry along with us ; yet , notwithstanding all these , and the like discouragements , our Actions have been , are , and shall be reall testimonies of our constant resolution to pursue actively the ends expressed in the Covenant , and to adventure our selves , and whatsoever is dearest to us , in this Cause ; and that , as we had great reason to march into Westmerland , in regard of the Intelligence both then and since confirmed to us , so we have been as ready and willing to come South-ward , as we were desired by the honourable Houses of Parliament and by your Lordships : and we have marched with more speed , and lesse interruption , then is usuall in such cases ; yea , our march had been more speedy , if we had not been stayed in some places , for want of draughts and provisions ; and now we are , with the assistance of God Almighty , to undertake any Action which may be fittest for the Cause and safety of both Kingdoms . But , if ( which God forbid ) for want of the conjunction and assistance promised , or for want of necessary provisions , the publike work be retarded , or disappointed , we shall be blamelesse . And therefore we do recommand to your Lordships most serious deliberation , that some more effectuall and speedy course may be taken for necessary provisions to this Army , that both Officers and Souldiers may have in all orderly and constant way , not onely a part of their pay in Victuals , but , a part in money , for their other necessary uses : and in case of our conjunction with any other Forces of this Kingdom , that then the provisions of this Army be no worse then of those other Forces : which things as they are just in themselves , so they are the rather desired , that this Army be not burthensome , nor hatefull to the Counties where we come , and that we may not be redacted to the unhappy necessity of not punishments wrongs and disorders strictly , which as we have not onely forbidden by the strictest Edicts , but have exemplarly and severely punished , so shall we ever be ready upon complaint and proof of the fact , either to punish the same by death , or other condigne punishment , according to the quality of the offence . We further intreat and expect , that this War might be managed according to the Treaty by the Committees of both Kingdoms upon the place ; and for that end , that a Quorum of the Commissioners from the honourable Houses of Parliament , may be constantly with this Army ; and that your Lordships may entertain charitable thoughts of our proceedings , confident that according to the knowledge which God hath given us in the matters of our profession , we shall improve all opportunities to the best advantage . We shall not need to put your Lordships in remembrance how necessary it is , that before the Armies of either or of both Kingdoms undertake the besieging of any Town , they first endeavour a totall dissipation of all the Forces which the Enemy hath in the Fields ; and so much the rather , because , by the blessing of God , the dissipation shall be more easie , if the Armies of both Kingdoms be continually aiding and assisting each one to other , and that each act their part and attend the Enemies motions . What we have written to your Lordships , we desire it may be made known to both Houses of Parliament , and City of London . And above all , that your Lordships would with all earnestnesse presse the expediting of the Reformation of Religion , and uniformity in Church-government , together with the speedy prosecuting and ending of this War , that we may return home with the comfort of Religion , and Peace setled , the fruits of our endeavours , much wished and longed for , by Nottingham 12 June , 1645. Your Lordships most humble Servants LEVEN . CALENDAR . HAMILTON . WE have heard how the Parliament of England sent Commissioners into Scotland , to call in the Scots unto its help , and to capitulate with them concerning their in-coming : We have heard also , how that Commissioners were sent from Scotland hither , to be at the drawing up of the Covenant betwixt the two Nations ; who ever since have constantly assisted the Synod in the discussion of Church-affaires , more according to agreement betwixt the Nations : thereafter , there was other Commissioners sent hither to share with the Parliament in the managing of State-businesses of Peace and War , wherein now both Kingdoms are jointly ingaged . To this effect , the Houses of Parliament chuseth a certain number of Lords and Commons , to treat of all things concerning Peace and War jointly with the Scots , and so together they make up the Committee of both Kingdoms , wherein the Scots have a negative voice ; and nothing is done , or at least ought to be done , without their knowledge and consent , concerning Peace or War , directly or indirectly , all play under boord , and clandestine dealing , being forbidden to both equally , upon the reason of the common interest of both . Those who had been adverse unto the in-coming of the Scots to help the Parl. were much against the setting up of this Committee ; but at last , after some debate , the thing is done in spite of opposition : So the Committee is set afoot for a certain time of some few Moneths , by Ordinance of both Houses . The time prefixed for the sitting of the Committee is no sooner expired , but those same men , with the aid of others , whom they had stirred up to that purpose , cast in difficulties , and will by no means give consent for the continuance of this Committee : so for some dayes it is broken up ; then earnest work there was to get it restablished again ; but all to small purpose , till in the end , there is found one Clause in the Ordinance for the setting it up at first , which did serve for the restablishing of it , maugre those who did oppose it . Since that time , it hath continued constantly to this day , although not without vexation to some , namely , because the Committee could not sit without the Scots being present . Now the Scots called and joined with the English to manage the affaires of the publike Service , for the Common Cause of Church and State ; at first , they did think that they were to have nothing , or at least , little ado , but to put forward the publike Service with earnestnesse and vigour , against the Common Enemy , without any let here by any of their own party ; and so , they resolve with themselves to be very modest and tender , with all warinesse in their proceedings with their Brethren of England , who had called them hither upon such assurance , and were so kinde unto them in their expressions , yea , so carefull of them , that they would have them to lodge neerer for their own convenience , and that of their Friends going to visit them ; and so the Scots remove from the City , where they had lodged in former time , and are placed in Worcester-house , where now they lodge . Those who pretend to know more of the Mysteries of the World then other men , tell us , that the removing of the Scots from the City to Worcester-house , was not so much the convenience of the Scots , or of their Friends , which was intended , although so given out , as their weaning from their old Friends in the City , who formerly had been so usefull and so respective to them , by a cunning forcasting of some men , to wear them out of acquaintance and intimacie with the City , being afraid not to carry on things so easily , according to their intent , if the Scots were constantly intime and familiar with the City . Whatever the end of removing the Scots from the City was , it is fallen out so , that the Scots being at such a distance , have not been able to cherish and nourish their former intimacie and old Friendship with the City , as they are bound in gratitude carefully to do , and as the publike Service requireth , joint with their own advantage . Thereafter , the Scots finde a harder task then they had promised unto themselves in the beginning ; for , besides the great and main work against the Common Enemy , they find some few men , here in the party whereunto they are joyned for the Service of the Common Cause of Religion and Liberty in all the three Kingdoms , who do not onely shew them but small favour ; but also , as far as can be without open breach , crosse and oppose them , and , in them , the publike Service : First , those who from the beginning did not approve of their in-coming , for fear they should eclipse their lustre , and diminish their power , was cold and adverse to them . Next , some others of those who had most bestirred themselves , and most appeared in the calling in of the Scots to help , having done the work of their in-bringing , lay down a new ground for the reparing the breach of their own credit , which by the miscarriage of things , namely in the West , as we have said before , had been much diminushed , and by degrees make up their credit upon the decline of the others ; whereunto their earnestnesse for the Scots did much serve , and the Scots intimacy with them , for many gave willingly way unto them , when they did see them so intime with the Scots , whom they knew to have no by-ends ; and those men , on the other side , did endear themselves unto the Scots by sundry good offices for a time , which they did unto them in things concerning their Forces in England & Ireland , employed in the Common Service ; and by their constant and frequent courting of the Scots , they did so take them up , that they alone , almost , were admitted to any privacy : then some did laugh in their sleeve , to see a few , not so considerable before , bear such a sway and the Scots , led thus by the nose ; and others did complain , saying , Why should this be ? It was expected , the Scots Commissioners should have been open and free to all honest men , namely to those of worth ; yea , they ought to have been so for the good of the publike Service , and for their own credit , not captiving themselves as it were to some few ones . Further , it was said , that they should have pressed home businesses more stoutly and more freely then they did , as they had done in former times in their own particular affaires , when they had not so many professed and powerfull Friends , letting nothing passe of that was , clearly for the good of the publike . By this complying complaisance , the Scots Commissioners have given such advantage to those who for a time courted them most for their own ends , as it seems ; for , if it had been altogether for the publike , the Scots remaining constant to their point and principles , although with lesse vigour , I confesse , then I could wish , those men had not changed , for ends , which when they had obtained , one after another , did withdraw from the Scots , and in a short time point-blank oppose them , by whose help , they chiefly had raised their hight of reputation and opinion among men . The first and main occasion of mistake betwixt those men and the Scots , was the Church-government . When the Scots did engage themselves in this Common businesses , they did stipulate with the English Commissioners , then in Scotland , that they should go heartily & freely along with them , in setling the Government and Discipline of the Church , as it was thereafter sworn to by both Kingdoms , in the National Covenant . And when the Scots Commissioners came hither , and entred into the Synod , they found it had sat long , and advanced but small businesses ; as for the Government , they had not touched it at all , which in all appearance was kept off by a slight of Prelatists and Sectaries , to stop the setling of the Church according to the best way , expressed thereafter in the Covenant . The Scots seeing the losse of time , and the evils which were likely to follow , if there were no set Government in the Church ; presently moveth the Synod to fall to the Discipline and Government ; which they do , and therein a great deal of pains is taken in setting out the Truth , and refuting the errors of ignorants , and oppositions of head-strong wilfull men , who prefer the setting up of their own Chymerick fancies , and Utopian dreams , to the Peace of the Church ; wherefore I may justly say , whatsoever gifts or endowments they have , whether of preaching or of praying , of languages , or sciences , since they want charity , they have nothing ; for , if they had the least grain of charity , they would not thus disturb the Church . I adde , He that sacrificeth the Peace of the Church to the Idol of his own Imagination , is as he who causeth his children passe through the fire to Moloch . After much strugling , things being brought neer a conclusion , some of those upon whose Friendship the Scots had till then so much relyed , did declare themselves to be altogether adverse to the Government the Scots were so desirous of : whereat , the Scots were much astonished : First , because the assurances given by those men unto them , in the beginning of their engagement , for furthering the Church-government intended ; next , by reason of the Covenant , whereby the Scots conceive us all to be bound unto the government of the Church according the Word of God , and the best Reformed Church abroad , and namely to the government of the Church of Scotland . Ever since that day to this day , those men having withdrawn their temporary affection from the Scots , have opposed their counsells , and crossed their proceedings , in every thing wherein they are concerned , as far as in them lieth : And this they do not onely themselves , but , draw others for humane respects , to side with them in so doing . Yea , some there be of this phantasticall opinion in this Kingdom , who stick not to say , that they will rather choose to joyn with Popery , Prelacy , and with whatsoever blasphemy , or heresie , then to submit to the government of the Church by Presbyterie : such is the phrenesie of those mad men . As those men we spoke of a little above , were , in what they could , against the in-bringing of the Scots , and thereafter did oppose the setting afoot and the continuance of the Committee of both Kingdoms ; so those second men , of late , have grumbled , yea to some of them words have escaped , that it was a trouble for the Committee to have the Scots adjoints : Yea , it seems there was a designe to do busines without the Scots , and that of great moment , wherein the both Nations are concerned , as may appear , namely , by naming and assembling of a sub-Committee without knowledge of the Scots : Wherewith the Scots acquainted the Houses by their papers , given in by them about the midle of May last . Further , the secret intelligence for the surprising and taking of Oxford , ( at aneasie place ) then unfurnished with provisions , given by one Patric Naper , to a Sub-Committee of three , whereof , there was one of them a Scot , is neglected : notwithstanding the Scots did presse it much , that the thing should be tryed ; they could not prevaile : The excuse was , that till the Army , then a moulding , was in a perfect frame , they would undertake nothing . More , the Enemy is acquainted with the secret advice of the enterprise , and that particularly , who before had not taken notice of the weaknesse of the place named by the advice ; which the Enemy finding to be true , repaires and strengthens . All this then , is known to be true by intercepted Letters , which have not been communicated to the Scots Commissioners , notwithstanding the Common Interest . I am much mistaken , if it was the Scot who discovered the advice to the Enemy : Be it who will , let him lay his hand to his heart , and giving glory to God , confesse his own wickednesse ; for at last , it will be discovered to his shame , I am perswaded . When the Army was moulded , according to the mind of some few men , then Oxford must be besieged , and the Enemy suffered to run up and down , increase his Forces , and spoile the Countrey , yea , to bring all to a great hazard . Yet the new Army must lie before Oxford , wherein there was not the men by third part requisite to such a Siege ; far lesse to take in the Town : Yea , those men who were there , were not furnished with materials for the the Siege . But , many think there was no intention to take the Town by open Siege , by those who were contrivers of the designe , since they neglect to trye if it could be done by surprise & secret enterprise : All this while , the chief Commander was most ready to act his part faithfully and gallantly , as he hath done happily since . From this Siege , the Scots not onely do openly dissent , but also , did protest against it : Yet , when the thing was cried out upon , not only at home , but abroad , by Forrainers , who said , That the Enemy was devouring the Flesh , while the Parliaments Forces were gnawing the Bone ; & they did not stick to say , that fair dealing was not every where . More , the party of Horses which were ordained to follow the Enemy , was recalled back , against the advice of the Scots ; who having acquainted the Houses of Parliament with those passages , should have made known to the whole World , that after their own constant integrity , & simple sincerity , more and more made known to all , in these things , and the faults of others sifted out , and they not bearing the blame of other mens errors , the Service of the publike might go the better on . Further , it was given out , that the Scots notcoming South-ward , was the occasion of all these disorders committed by the Enemy . But , let reason judge , whether or not , it was easier for an Army , provided with all things for the Field and marching , within very few miles of the Enemy , to follow him , disturbe him , and stop him from increasing his Forces , and doing Evil , then to an Army above two hundred miles distant , who notwithstanding their willingnesse and readinesse to march , according to their calling Southward , could get neither draughts , nor absolutely necessary provisions for a march , in such a proportion as was thought very reasonable . The truth of this may appear , what troubles Generall Lesley found at Rippon , to get provisions and draughts , and how he went to York to that effect , but to very small purpose . Let things be tryed , and no longer thus carried in hugger-mugger , to the prejudice of the publike Service . We have heard , how that , and upon what occasion , some of those , who had been so intimate with the Scots Commissioners , leave them , neglect them , and oppose them in their proceedings , so far as they can in a smooth-way above board , to say nothing of what is done under-hand . So in this place , you shall take notice , how that , on the other side , there be divers of those , who formerly had cared so little for the Scots , that they neither favoured their in-coming , nor thereafter had assisted them so willingly , in their honest & faithful endeavour for the advancement of the publike Service ; now , at last , bethinking themselves of their own error , and how that , without reason , they had been jealous of the Scots , they begin to go along with them more freely and earnestly in the publike Work , then they had done heretofore ; which the Scots , minding mainly the furthering of the Service of the Common Cause , take kindly at their hands , and welcome the expressions of their good affection to the Service , with respective civilitie ; wishing from their heart , that those who are now withdrawn from them , would return unto their wonted correspondence , in sincere and brotherly unanimity , for carrying on the heavy and tedious Work , now lying upon them all . Upon this , there is great murmuring against the Scots , that they had quite left off honest and well-affected men , and taken semi-Malignants by the hand , who not onely had been slack and backward in the pursuance of the publike Service ; but , adverse unto themselves in particular . To all this , the Scots do declare truely , that as when they came hither at first , they took no interest in any man more then they judged him , in all appearance , to interest himself heartily , without by-ends , in the Common Cause ; and , as yet , they do the same , resolved to continue so unto the end , constant to their first principles : and , if any men have withdrawn themselves from them , not willing to go constantly along with them in this necessary course , they are sorry for those , of whose constancy they were in a kind assured : and they declare to the World , that they neither gave , nor intend to give any just distaste in their particular to any : But , if men will snuff , because they are not humeured in all things , who can help it ? The Scots did think , at their coming in , to have nothing a do with children and women , who must be humeured ; but , with set and staid rationall men , without any by-respects , or private Fancies , wholly constants to the Cause both of Church and State , as we are all sworn by the Solemn Oath of the Nationall Covenant : As for those , who having cast off their former mistakes , now go along with them more earnestly then formerly in the businesses , they cannot but welcome them , as all those , who put to their helping-hand heartily in the least kinde to the great Work of God , and of his people ; howsoever their carriage have been towards their persons , for the publike ( they having no spleen nor grudge at any ) forget whatsoever hath been amisse towards them , praying God to forgive , that his Work may be carried on more cheerfully and unanimously , and they are likewise disposed and enclined towards those ( who have left them off ) to go along with them , so freely and so brotherly as at the first ; & they will imbrace them cheerfully , in carrying on the businesses of Church & State with them . This they declare not to captive men by cunning insinuation , as factious ones do ; but to invite all men fairly to go on with the Work of Church and State , according to the Covenant , as they hope a blessing from Heaven , if they be zealous and faithfull , without equivocation ; and may expect judgement , if they either faint or be not sincere . Of this enough for this time . Yet , there is one thing I cannot passe , and it is this : There be hardly any divisions among these of this side , of which the blame is not laid upon the Scots ; as if they had not had their jealousies one of another , and grudges one against another , by reason of particular interest and private opinion , before the Scots did join with them ; when it is well known , that the Scots assistance , faithfull in the Counsell , and active in the Field , is not onely usefull and necessary for the opposing and repressing of the Common Enemy ; but also , for keeping together those , who otherwayes in a likelyhood , would fall asunder , and so the publike Service suffer , at which the Enemy aimes . Then I adde , that the Enemy , howsoever low he seems to be at this instant , desires to have no better Game , then that the Scots would retire and withdraw their helping hand from the Service ; for he that of nothing made a party so great as to carry all before it , till he was repressed by the Scots , would raise up his party again . But , in despite of the devil , and all opposition , whether clandestin or open ; the Scots will stand firm and faithfull , for the carrying on of the Work of God , and of his people . After a certain time , the States of both Kingdoms , resolved to try yet again if they could reclaime and recall , upon any reasonable terms , the abused and misled Prince , from his evil courses of undoing thē people and himself , cause draw up certain Propositions by Common Counsell of both Nations , which they send by Commissioners of both States , to the King ; in whom they find nothing but shifts and delays : So they return without effectuating any thing . A while thereafter , the infortunate Prince intending to make the simpler sort beleeve , that he was defirous , at last , of a reall agreement , sends hither Commissioners ( of whose honest meaning , the people did least doubt ; but in the end , they were found to be cajeolors ) to draw things towards a Treaty , unto which the Scots declared themselves to be inclined , ( the main businesses of Church and State being secured ) as willing to try all means possible , upon all occasion , to take up the differences in a fair way , to save further effusion of Christian and Brothers blood , and further ruine of those Countreys . For this , the Scots are cried out upon , as evil men , ( by inconsiderate persons , set on by Malignants ) notwithstanding the Treaty goe's on , but to small purpose ; the Kings Commissioners feeling the pulse of the Parliaments Commissioners , did promise unto themselves , upon what ground they know best , or at least should know , that they could carry all things to their mind , if it were not for the rude and stiffe-necked Scots , who were so firm to their principles , and resolved rather to follow on the Work with honour and conscience , although with hazard and danger , then to yeeld to a base agreement , to the prejudice of Church and State . Upon this , the Court-Commissioners cry out against the Scots , as the onely hinderers of their ends , and the stoppers of their designes , first at home in their own Countrey , next here , both in the Fields and in the Counsell . By this , you may see , if there were no other instance , with whom and against whom the Scots have ado : what was the carriage of the Scots Commissioners , in the Treaty of both Church and States affaires ; let both parties freely tell , if they did find in the least point of honesty , faithfulnesse , resolution , prudence , knowledge , or respect amissing in them . But , the Treaty ends , without any conclusion for good , nothing being intended by the Court in it , but to gaine time , & more & more to abuse the people , and so make the best advantage of businesses . Things having been carried in the Field , almost ever since the beginning of these Wars , namely the last Summer , not so well as they might have been , for the advancement of the publike Service , by the fault of some of those who were employed in the said Service ; whether it was want of skill , want of care , or want of sincerity and uprightnesse , in pursuance of the businesse , I will not in this place enquire , lesse will I resolve ; but , a fault there was , and that a great one , and much amisse . Wherefore , the Parliament , upon just reason , having tryed divers times to amend the errors of the Armies , and correct what was wrong in them in a fair and smooth way , but all to small purpose ; takes resolution to reform wholly the Armies , and cast them in a new mould . Whereof the Scots Commissioners heairng , for their interest in the Common Cause , think fit for them to remember the Parliament of two things principally upon the point ; whereof the first was , That in the new mould wherein the Armies were to be cast , care should be taken to make choice of men of experience and ability , so far as was possible , to do the better the duties of the Service ; for although now and then men ignorant of what they undertake , may do perchance a thing well ; yet it stands that it should be so , not with reason , which must rule all actions . The next was , that diligent care should be taken , for admitting none to employment in the Armies , but such as were trusty and faithfull to the Cause now in hand , as it is expressed in the Nationall Covenant : wherefore , it was desired , that every one employed , in testimony of his honesty and faithfulnesse to the Cause , should take the Covenant publikely . The Scots took occasion to give these advices to the Parliament , upon information given them , first , that divers new men , and of little or no experience , were preferred by indirect means , and were to be employed in places of command , for by ends : then , that there were divers likewise named for preferment and employment , who not onely were suspect to be enclining to Schismes and Sects ; but also , professed Enemies to what is expressed in the Nationall Covenant concerning the Church , and consequently , to the Common Cause we are all sworn to . These advices of the Scots , although they were not so much regarded as was needfull , yet they did produce this effect , that divers men of known worth and experience , were named to be kept in the new mould , although many were put out , and new men unknown for Military vertue put in their places . Next , after a great debate in the Houses , it is ordained that all the Commanders should take the Covenant , under pain of cashiering , betwixt such and such a day : But how this Order is observed , I know not , I doubt it is not so well as it should be : As for the common Souldiers , it was not to be pressed upon them , which makes men admire , not well knowing the reason of things , how that the prisoners Souldiers taken of the Enemy should have the Oath tendred unto them , in token of their embracing the Parliaments party and cause , and these Souldiers of the Parliaments own side , are not to be tyed to the Oath of the Nationall Covenant : Further , all suspected men brought before the Committees , namely of examination , have the Oath put to them , which if they refuse , they are censed Malignants ; yet the Parliaments Souldiers are to be free from the Oath , if they please . Yea , many were astonished to hear that it was debated in the Houses , whether those of the Armies should be put to the Oath of the Solemn League , or no , whereunto the Houses themselves are sworn to , and for the maintenance of which , we all now stand , or at least we ought to stand , being sworn to it . The reason why some men are backward to take the Oath , is that they are adverse to the Government of the Church by Presbytery , which the Parliament is now a setling , although the businesse do not go on so quickly as by many is wished , by reason of so many rubs cast in by severall sorts of men , partly through ignorance , partly in opposition to the thing , for reasons far others then those they hitherto have given out , howsoever specious . At this occasion , it was spoken publikely by one who is a prime man among those who are adverse from the Government above-named of the Church , that , although in his judgement , he did not approve Presbyteriall . government in the Church , yet he , at all times , would submit to whatsoever Church-government the Parliament should settle , either by passive or active obedience . To this is answered ; Whosoever sayeth that he will obey an Order or Law by passive obedience , is already actively in disobedience . Further , to call obedience passive , is as great an absurditie , as to call black white : for obedience is nothing at all but the act of obeying , and to call an act passive , is absurd , action and passion being more different then black and white , for they are Toto genere , distant ; and black and white are under Unum genus , not onely Summum of quality , but also subaltern of colour . Further , all vertue consists in action ; so obedience being a vertue , cannot be said to be passive , that is , in passion . Wherefore , he who first did invent the expression of passive obedience , did not weigh what he said , no more then those who since , not considering the exact distinction of things , have taken it up at the second hand , and have made so generall use of it . He who thinks that , by his passion , he giveth obedience unto the Law , is mightily mistaken ; for , suffering , or passion , is laid upon a man for his not obeying , and to make him obey . Example : A man for debt is put in prison ; the emprisonment which the debtor suffers is not obedience to the Law , but one means employed to bring him unto the obedience thereof , that is , unto the paying of the debt . I know , Divines speak much of the passive obedience of Christ ; but this is of another condition , and so it belongs to another place . Besides , he who offers unto the Houses his passive obedience , endeavours what he can , and pleads earnestly to be free from it , as we have seen published by writing . Then also , it was said publikely by one , that the main quarrell the Parliament stood for at first , and thereafter did take up Arms for , was not for Religion ( which is as much to say , the main different betwixt the Parliament and the corrupt Court-Papists , Prelatists , Atheists , and divers other instruments of iniquity , who having sworn inimity to the Truth , opposeth it with all their cunning and power ) not the Reformation of the Church ; but , the freedom and Liberty of the Subject . Which saying is injurious , in my mind ; for , to aver or publish , that the Parliament did not from thē beginning intend a true Reformation of Religion , is a great wrong done to the Wisdom of the Parliament ; for how can the Parliament be said or thought to be wise in God , without it hath his fear before its eyes ? and how can the Parliament be said to have the fear of God before its eyes , if it hath not care of the establishing the Truth of Religion , and to represse the errors ? I cannot conceive ; for without the true Worship of God , there can be no true fear of him : then it is most false ; for , from the first beginning , did not the Parliament expresse , that it namely intended a true Reformation , by divers instances , although now and then it hath been at a stand how to go through with it , by reason of the lets that the Enemies of the Truth have cast in , and cast still in to this day , by open opposition , and clandestine undermining ? witnesse the pulling down of the high Commission-Court , the courbing of the Prelats tyranny , the making silenced Ministers freely preach ; and so soon is the occasion offers it self , is it not embraced , to throw the Prelats out of the Church as Enemies to the Truth of God ? Then the calling of the Synod : which things , with divers more , the Parliament had never done , if it had not intended mainly the Reformation of the Church and of Religion . I must confesse , the businesses in the Synod did go on but very remisly , before the Scots joyning , by the Nationall Covenant , with the Parliament , who hath since pressed it somewhat more home ; and yet it goeth on but very slowly , not so much by the open opposition of the professed Enemy , as by the crafty infinuations of some phantasticall and factious men , who having endeared themselves by some expression of good offices to the people , have buzzed the Parliament in the ear , they must not anger them for fear of losing so many good Friends , who give themselves out to be in great number , although if things were tryed , it should be found that their number is far short of what is said of it , and their affection to the publike lesse ; for , I shall never beleeve , that those who are for confusion in the Church , are for the setled ordering of the State . Further , if the Parliament did not make Religion at first its main quarrell it stood for , and took Arms for , I pray you then , when did the Parliament begin to make the Reformation of the Church its main quarrell , at the joyning of the Scots by the Nationall Covenant , perhaps you will say ? If so be , when England hath a setled Reformation of the Church , according to the Word of God , the practice of the first ages , and of the best Reformed Church now adayes , it may thank their poor Friends distressed at this time for their sake . I am assured , he that sayeth that the Parliament did not intend mainly Reformation from the beginning , careth but little for it himself . Next , he makes the main quarrell of the Parliament to be the freedom and Liberty of the Subject : If under the notion of freedom and Liberty , were understood first a free & libr● profession of the Truth in a setled Reformed Church , as aforesaid , it were well ; and in the second place , the honest freedom and just Liberty in externall things ; Such is the freedom that the truely reformed Churches abroad , have constantly sought for to this day , who when they obtain the first , they stand not so much upon the second . But , let us see a little what can be the meaning of the freedom and Liberty of the Subject , without Religion : Is it to be free from the vexation of Monopolies , Projects , Ship-moneys , &c. and of some exorbitant courses of Judicatory , as of that of the Star-Chamber ? If in those alone , and no other things , better and more , I beseech you , what benefit hath the Subject by the freedom from the Court of the Star-chamber ? The people say , The Committees of one City or County , doeth more wrong in one yeer to the City or County , then the Starchamber-Court did to the whole Kingdom in seven yeers , if all things be well considered ; for it did reach but one man here and there ; but the Committees reach almost every man . It is true , the wounds of the Star-chamber were very sore & deep , but they were not so frequent , and now then they were mollified by some moderation ; which divers Committees will not admit . As for the freedom from Ship-money , Monopolies , Projects , &c. Vox populi , sayeth , there be more in taxes and contributions laid upon the people in one yeer , now adayes , then for many yeers in Ship-money , &c. Yea , which is the worst , this burden must continue , God knows how long , besides the way of levying it by the inferior Officers , if the taxes are most grievous ; and the best affected men , for the most part , are most loaden ; such is the cry and complaint of the people through the City and County . So , if the Subject had not the gain of a Reformed setled Church and Religion , he were in a worse case then formerly . Next , there is found but very little more just and honest Liberty for the Subject , then before ; onely the Sectaries take greater licence then they were wont to do , and phantasticall men , to vent their idle imaginations , and to abuse the simpler ones ; as likewise scurrilous fellows take upon them to say and write what they list against men . All this is a meer licentiousnesse and libertinage tending to the trouble of the people , and not to their good , so far is it from the Liberty of honest and discret men , who desireth and ought to live , within the borns of good and wholsome constitutions both of Church and State . What is said here of taxes , is not to blame them , for it is known ther must be tribute levied for the supporting of the burdens of the Common-Wealth , namely , in time of War , for its good and benefit . At the beginning of these Wars here in England , betwixt the King and Parliament , both parties did draw unto them so many of the Scots Officers as they could conveniently ; neither of them having in their own opinion such Commanders , or , at least , in such number as to make their Armies compleat to their mind , of their own men . So the Scots were employed in chief and prime places of command , on both sides : hence divers men indifferent , not as yet engaged by affection to either party , conceiving that neither party could have known how to manage , or go on with the War , without the Scots Commanders , wished them many miles beyond S●n . To the King went and took Service of him , not onely divers who had been Malignants from the first beginning ; but also , some superficiall Covenanters , who not diving in businesses , did make small scrupule to serve the King in this War , it not being against the Letter of their Covenant , as they conceived : for , the King protesting from day to day , that he would stand firm to the true Religion , and maintain it , his intention in taking up Arms , being onely to represse some factinus persons who had affronted him : and the Parliament not then making it so clear to every one , by their expressions , that the main quarell the adversary had , was the subversion of Religion , made some not to discern things so clearly as otherwayes they had done , if things had been more plainly set down . To the Service of Parliament , come divers in good affection , being perswaded that the quarrell of England , was one and the same with that in Scotland , howsoever by the cunning of the adversary disguised , and although not then so cleared by the Parliament as was need . The Enemy seeing that sundry Scots Officers and Commanders were undertaking Service under the Parliament , by his Emissaries up and down , doeth what he can to draw them on his side , or at least , to make them keep off from serving the Parliament . In this , he did prevaile with some , who will have their just reward in due time . Then , after the War began , and some Fieldactions being done , the Enemy perceiving how that divers Scots Officers had carried themselves gallantly , in the Service of the Parliament , returns again to his former courses , and deales by his Instruments and Agents here , to corrupt and debauche those men of Command , upon whom the eyes of many were ; the Agents of the Enemy go craftily to work , to compasse their ends upon those men ; for , first , by cunning insinuations , they enter in privacy with them ; Next , they make them fair promises , with specious words of the Kings good intentions towards the publike good of both Church and State , and of the esteem he had of their worth and deserts : Then those good Agents for the Enemy , under-hand cause give distaste to the Scots Officers , by neglecting of them , and otherwayes , yea , by some Boutefeux there were of them quarelled in Westminster-Hall , with reproch that they took the Meat out of the English months , who could manage and pursue the War as well , atleast , as they . If this quarell had not been timely taken up , by the Wisdom of the Parliament , it had grown to a great hight , according to the designe and desire of the Enemy . This crafty dealing of the adversary , by his Agents , did prevaile so far , that some of the Scots Officers , not so touched with the interest of the good Cause , as they ought to have been , nor as they outwardly professed , left off the Service of the Parliament for a time , upon I know not what foolish excuse ; and thereafter , upon a change , fell to the Work again . Next , there were others so far perswaded , as to lay down their Commissions , and go to the Enemy and serve him for a while ; and thereafter leaving him , returned hither again . The Scots Officers with the Enemy , were in high esteem , and in good respect among those they did serve , till the State of Scotland joyned with the Parliament of England , in action for the Common Cause ; from thence , by little and little , the Scots , with the Enemy , became so to be neglected and ill thought of , that there were many of them constrained to go away , and others have been taken and killed by this side , so that , for the present , there be very few , at least of any note , with the Enemy . On this side likewise , the Scots Officers , notwithstanding the State of Scotland was now interessed and joyned with the Parliament , by degrees came to be littler regarded , neglected , and divers of them laid aside , after that sundry of them had lost their lives , fighting valiantly for the Cause , others had loosed their blood , and others suffered imprisonment , at last ; the Moulders of the new Modell cashier at one dash above two hundred of them , brave fellows , who constantly had carried themselves with honesty , and gallantry , without giving them any satisfaction , or at least , very little , for what is justly due unto them , and had cost some of them very dear : The reason given out against them , was , That it was to be feared they would not be so earnest and so forward , as was required , in this new frame . Then , those cashiered Scots Commanders having danced attendance a long time , to small purpose , in pursuance of their just demands , constant to their grounds , although they were thus harshly used , they would not abandon the Service of the Common Cause : so , they resolve to go to the Forces of their Countrey-men , and serve with them in the same Cause ; and sends some of them , accompanied with a number of good fellows before , towards the Scots Army , till the rest were ready . Those Scots who went away first towards their Countrey-men , being upon their journey , they chanced to be at and neer Leicester , when the Enemy made his approches to that place . The Scots , in meer kindnesse and love to those who were engaged with them in the Common Cause , without any Commission from the Parliament , or from the Scots Generall , stay and help their Friends : and how manfully their carriage was , in the assistance of their Brethren , is so known , that it will never be forgotten , when there is any mention of Leicester-businesse . In generall , I will say this of them ; That , if they had been seconded , the Town of Leicester had not been taken by the Enemy ; but , having expected assistance from those whom they came to help , after divers had prodagalized their blood , and that some were killed , with the losse of their Liberty and of all they had , they were constrained to yeeld to force , not without being admired by the vainquors for their valour . Thereafter , those that were taken prisoners , finding their opportunity , lays hold on it at the first , and they carry the businesse so , that they not onely gaine their own freedom , but make themselves Masters of those in whose hands they were . If those things had been done by some other men , all the Pamphlets about the City of London , should have been full of them . In this businesse , albeit the Scots did expresse their kindnesse really to their Friends , and made known their valour to all ; Yet , here , I must tell you , they did not shew their prudence ; for , if the Enemy had known them to have no Commission , ( as they had none ) by Law of Arms , he had given them no quarter . On the one side , the ignorance of the Enemy did hinder him to deal with the Scots , being in his power , according to the rigour of the Law of Arms ; On the other side , their valour and kindnesse , did prevaile little for thanks or recompense , from those , for whose Service they had undergone such hazard . When the Framers of the new Modell cashiered the Scots Officers we have been speaking of , they named four Generall Officers of the Scots to be kept in the new Army ; which some did for the good opinion they had of the worth and usefulnesse of those men , for the Service : Others did it , lest the people should enquire , why all the Scots , at one time ; should be thus put out of Service , whose faithfulnesse and forwardnesse was known , being free of the guilt of the late miscarriage of things in the Fields . Those few Officers , although they were named to be kept in the new Modell ; they did conceive , that they had tacitcly their Quienis est , first , by cashiering their Countrey-men , who were known to be well deserving and faithfull men unto the Covenant , ( which is the Rule of that we fight for ) and by naming them to inferior employments in this new Modell , to what they had come to be prefered to by their own vertue . Next , by bringing in new men , not acquainted with War , in equall command with them , and under them , and some of these professed not to favour the Covenant , unto which the Scots were resolved to stick to : So they thought sit to take the course of their other Countrey-men , and to lay down their Commissions , for fear of further inconvenience , namely , if any mischance should fall out , apprehending the blame should be cast upon them ; and then , they could not expect true fellowship not obeying to Orders in the Service , of those men , who had another-mind then theirs , which is expressed in the Covenant . The disobedience thereafter of some , in the new Modell , to the expresse Ordinances of Parliament , made this apprehension good . Upon this , there is a great cry given out against those few Scots , who had abandonned the Service at such a time of need ; but never a word how that two hundred Scots had been put of the Service . Here , it may be asked , Whether those few Scots were more in the wrong to the publike Service , by laying down their Commissions , serving still the same Cause , with those who are constant to their principles with them ; then those who put off the Service , at one time , two hundred valiant and well deserving men . I could have wished , for my part , that those few men had laid aside all consideration and apprehension , howsoever just , and continued in the Modell , leaving the event of things to God . Now , it is said , that God hath blessed the honesty and piety of some men extraordinarily , in the new Army , so that great things are done by it . I acknowledge with a thankfull heart to God , that he , in his Mercy , hath done great things of late by that Army ; but , no thank to the honesty and piety of some men ; for , I do not find piety more really in them , to speak with modesty , then in other men : Howsoever their externall profession is , let their carriage towards God and Man speak for them , and not profession onely ; for , profession oftentimes is a clock of knavery and faction . Then , howsoever God , in his good Providence , doth great things by weak and inconsiderable men ; yet , I am certain , it is the surest way to employ men of skill and of experience , in any work we are going about ; and surely , we cannot look for a good successe of any businesse whatsoever , when we neglect to employ those whom God hath fitted with ability for the work , if we can have such . I know , God is above all rule ; but this is the ordinary course , both with God and among men ; the examples are so clear in all businesses among the Sons of men , that it is idle to alleadge any ; onely I shall say , that there is more of this choice of fit men to be remarked in the War , then in any other thing among men , as it hath been observed of old , by judicious men : Yet God , in War , more then in any thing else , sheweth his over-ruling power , and that he is above the ordinary course of things . But , to put God to shew here his over-ruling hand , in a extraordinary way , without need , is a kinde of tempting of him ; for , since he hath , in his wise Dispensation , ordained an ordinary course for doing of businesses , to be used by men fitted by him for the work , he promised tacitely his blessing thereunto , providing alwayes that we rely more upon him , then the second causes . More , in all this successe there was never more seen of God , and lesse of men ; and those men who would make men beleeve , that their honesty and piety shines above others , have but small share in action , for any thing I can yet hear . A word more : It was not without a mystery , that so many gallant Officers of both Nations , were cashiered under pretext of want of piety and honesty , being free of any guilt of the former miscarriages ; and yet the ordinary Souldiers kept still in the Service , whose piety is known to be lesse , as men of little and small breeding , and so , of lesse knowledge of God and of themselves , and consequently , not so given to the practice of goodnesse , and so abstract from evil ; having but small light , they cannot do so well as others , who have better breeding then they ; and , upon mistake , they may more easily be brought over to do what is amisse , for themselves and for others , yea , for the publike Service of Church and State , and so become a prey to abusers and deceivers . Moreover , there is a great stir about Carlile , now in the hands of the Scots , for the Service of the Parliament . For the better understanding of things , we shall take them at a further rise . So long as these two Kingdoms were under two severall Princes , Carlile and Berwick were two Garison-Towns upon the Frontiers ; but so soon as these Kingdoms did come unto one Princes hands , those places were ordered to be forsaken , and their fortifications rased , and to be no more a partition-wall ; which was done accordingly , and so they remained for many yeers , till of late , that is , till the beginning of the first troubles of the Scots with the abused King , who caused then repair those places in some kinde , and put Garrisons in them . Thereafter , at the first pacification upon the Frontiers , betwixt the King and the Scots , those places were to be relinquished , as they had been formerly . By the Articles of agreement , at the second pacification , the same was confirmed , and that by the Authority of this same Parliament , now sitting , gathered together , continued and preserved by the help and aid of the Scots . The King , beginning his barbarous War against the Parliament , makes Carlile sure , which by degrees insensibly he furnisheth with a strong Garison & Munition accordingly , as a place fit for his purpose , for vexing of the Scots , upon occasion , whom he did foresee would not side with him in this wicked designe , if they were not opposite unto him ; and for receiving his Irish Rebels , to do mischief to both Kingdoms as they pleased , if they were not stopped . And so , since then , he hath kept it , till within these few dayes ; and it hath served for a seat and a passage for troubling both Kingdoms . The Houses of Parliament , on the other side , a little latter , possesse themselves of Berwick , which the King did not regard so much , as not so considerable for his purpose , and also , it was too much in the eyes of men to be seised upon , by him , at the first beginning . When the Scots come into England , at this time , to help their Brethren , who had been so kinde unto them in their troubles , and whose Fathers had assisted their Fathers , in the Cause of Reformation and Liberty ; by agreement betwixt the Parliament and them , they had Berwick delivered up unto them , for facilitating their entrie , and advancing the Service they engaged themselves in : and if Carlile had been in the power of the Parliament then , it had been delivered unto the Scots , without any more ado , as freely as Berwick was for the very same reason . Yea , more , if it had been required then , it had been promised unto the Scots : I do not mean of necessity ; but of meer consideration to the publike Cause . Now , the Northern Countrey of England , through Gods Mercy , being pretty well cleared , by the help of the Scots , of the open professed and declared Common Enemy ; it is thought fit , first to block up , and then to besiege Carlile : The Scots undertake the businesse , and to this purpose , sent of their Army thither a party of both Horse and Foot , under the command of a Generall Officer , and he hath some Forces of the Countrey to assist and help him , in the performance of the Service ; which the Scots did not so hardly presse as to storm the Town , for sparing of blood , which they are loth to shed , if the businesse can be carried on otherwayes , ( witnesse New-castle , where they shunned to shed blood , and being constrained to it , they did shed as little as ever hath been seen upon such an occasion ) so they resolve to take the Town by want of necessary provisions . Those of the Countrey , who were joynt with the Scots in the Service , were so far from helping them , that , by the treachery of their Leaders , they did what they could not onely to hinder the businesse ; but also , to wrong the Scots in what was in their power ; for , when they were ordered to keep their own quarters strictly , and suffer nothing to go unto the Enemy ; and if he fallied out of the Town , to fall upon him : they were so far from performing their Order , that when it was in their power to hurt the Enemy , they shot powder without bullets at him , and privately , they suffered provision to be carried unto him through their quarters ; yea , by secret combination , they agreed with the Enemy , that if he would salley out , and fall upon the Scots , quarters , they should yeeld no help unto them , although they were joynt with them in the Service . Which proceedings of the North Countrey-men , by the knavery of their Commanders , whereof the chief lately had been in open Rebellion against the Parliament , under the Earl of New-castle ; being made known unto the Scots , they had a neerer eye to their actions , and oblige them thereafter to play fairer play : Those false and deceitfull Leaders , seeing themselves disappointed of their former intents by the care of the Scots , go another way to work ; and perceiving by the vigilance of the Scots , that the Town , receiving no help from without , must render it self ; underhand , and not acquainting the Scots , enter in a private Treaty with the Enemy , and offer him great conditions . This being also discovered by the Scots , caused them summon the Town , and offer to it reasonable conditions , which the Enemy did accept , although they were not so advantagous for him , in all points , as those offered by the others . The reason why the Enemy did accept the Scots conditions , and not the others , was , first , He could not trust to any condition from those who were so wicked , that they were not trusty to the party they professed themselves to be of , and to their associates . Next , The Enemy seeing the chief man , among those double ones , to be but an inferior Officer , and one who never had seen greater War then the plundering and spoiling of his own Countrey , under the Earl of New castle , with whom he had been a Lievtenant-Colonel at the most , and now at this time prefered , for some ends , to be a Colonell . Then , there was no Committee there who could authorize him to capitulate , or make good his capitulation , where the Scots were ; for , by agreement betwixt the Scots and the Parliament , things of consequence in the War , wherein the Scots had a hand , were to be ordered by the Committee of both Kingdoms upon the place , or with the Scots Army , and that not being , ( as there was none then ) by the Scots Generall his Order ; and so he ordained , according to the first agreement , Lievtenant Generall David Lesley to take in the Town , upon such conditions as he should think fit for the good of the publike Service , and put a Garison in it . Those who came out of the Town , were conducted unto Worcester , who were but six score when they arrived thither , the rest being fallen away in their march , either upon consideration of the publike , or of their own private interest . Thus Carlile is put in obedience of the Parliament , for the publike Service , according to the first agreement : And if the Scots had not followed the businesse , in all appearance , it either had still remained in the hands of open Enemies , or , at least , had fallen in the hands of those Malignants , who neither have respect to the credit of the Parliament , nor regard to the good of the people ; for they dishonour the one , and waste the other . All the while that the Siege was before Carlile , there was not onely a neglect , but such a malice against the Scots , who were at it , that they had starved for want , if the Scots Army had not sent a good part of the moneys that they had for their marching and taking the Field . Thus is the publike served by the Countrey-Committees , abusing the Authority they have from the Parliament . After all this , the Scots are cryed out upon by Malignants ; yea , they write to the Houses against them , as Enemies to the publike good , to the Parliament , and to the people of England , notwithstanding that since the very first beginning of those troubles they have carried themselves faithfully , honestly , and kindly towards England , in despite of all Enemies , and particularly towards the Parliament , who were the cause of assembling it , continuing it , and preserving it , first , from the great Plot made against , next , by actively upholding it when it was very low , as it was at their in-coming . The reason why the Scots have put a Garison of their own men in Carlile , for a time , is from the constitution of the present affaires in both Kingdoms ; for , having found such knavery and wicked dealing , by the chief men in the Northern Countreys , they did not conceive it fit , for the publike Service , to put the place in the hands of those , who already possessed with power ( by the unfaithfull Commissioners , trusted by the Parliament with the ordering of things in those places ) do nothing but oppose the designe of the Parliament expressed in the Covenant , and oppresse the people , as is made known unto the Parliament by the Commissioners from those Countreys , ( men of credit and worth , who have done and suffered much for the Cause against the Common Enemy ) sent hither from many good people , to complain against those wicked ones , Enemies to God and to his people : And when it shall be thought fit for the Common good of both Nations , now so united , it will with all cheerfulnesse be left by the Scots ; And to this , the State of Scotland will willingly ingage it self , by all the assurances can be require in reason . The Common Enemy , since he could not keep out Carlile in open War , against the Parliament , doth his next best to have it in the Malignants , his Friends , hands , that at least indirectly , he may do his work ; and since he failed of both those , he striveth by his Emissaries and Agents to make it an Apple of discord betwixt the two united Nations : but , this will faile him also , how cunningly soever he goe's about this designe ; for , the Wisdom of both States is such , that the mistake will be taken away shortly , and that the State of England will see clearly , the Scots , in possessing themselves of Carlile , and excluding those wicked ones above-mentioned , have not onely done a good peece of Service to the publike and the Common Cause of both Kingdoms ; but also , in particular , to the well-affected people in those parts , who are under the heavy pressure of those wicked ones , and had been far more , if they had more power , whereunto the possession of Carlile were such an addition , that it would make them double Tyrants and Brigants . As the Common Enemy , not onely by open War by Land ; but also , by false undermining by his Agents and Instruments , who partly are absolutely addicted to his wicked designe , partly by interest of preferment and benefit , although they care but little for his ends in the Field , or in the Counsell , in the City or in the Countrey ; do what they can , with all care and forecasting , to stop the publike Service by many and many wayes ; this is known too well to be so little regarded : Even so , by Sea , he steereth the same course ; for , not onely by open War he doeth oppose the publike Work , now in hand , in taking and destroying all that he can ; but likewise , he useth indirect means by the help of his Instruments , for the hinderance of the Service of the Common Cause , now in hand . Hence it is that the Parliaments Ships , not so vigorously opposing the Enemy , and not giving timely assistance to their Friends , interessed in the Cause ; so many of the Enemy his Ships , without resistance , go up and down so freely , and that there are so many Ships , Barks , &c. both English and Scots , taken by the Enemies . Further , the Coasts of Scotland are not so carefully garded and kept , as they were promised to be , by agreement ; which hath given and giveth still a great advantage to the Enemy , and hath done a great hurt to the Friends who are employed in the Cause against the Enemy , and , in them , to the Service of the Cause . These things have given occasion of complaints to many men , bemoaning their own condition , and how that the good of the people and the Service of the Common Cause , are no more and better looked to ; yea , some in grief of heart , after their great sufferings , hardly taken notice of by those of whom they expect some redresse , say that not onely there is a great neglect , but , in appearance , there is some secret connivence , by those who should follow this Service . But to another businesse : It is known to every one , almost , how that for many and many dayes and meetings , there hath been a great deal ado in the Synod , with some few factious and phantasticall head-strong ones ( men without love to the Peace of the Church of God ) for the Government of the Church by Parochiall Presbyteries , subaltern to Classicall , and Classicall subaltern to Synodicall ; which all being , after so many debates with Patience , Goodnesse , and Charity towards those men , demonstrated evidently to be according to the Word of God , wherein it is grounded , conform to the practice of the Church planted and governed by the Apostles and their successors , for above two hundred yeers after Christ ; and conform likewise , to the best Reformed Churches now adayes . But , at length , the thing is concluded upon by the Synod , and approved by the Houses of Parliament , maugre all opposition made by the disturbers of the Peace of the Church , in the Synod , and of the sticklers for them anywhere else . Yet , those restlesse spirits will not be quiet ; for , they give out , that they will perform at last the thing they have been so much urged to , and for so long a time ; to wit , they will give unto the Publike , the Modell of Government they would be at , & to which they will stand to : But , those who have a shrewd ghesse at those men , and at their wayes , assure us , that , as they will not tell what they absolutely and positively professe , nor what they would be at ; they will never give a set Modell of Government unto the Publike , whereunto they mind to stand : For , whatsoever they do in opposition of the Government above named , they cannot agree among themselves unto any one thing , for , so many heads so many wayes dissonant one from another , according to the nature of untruth and errour , which is uncertain , and not constant to it self . Yea , there be some who say , That those men will not settle upon any thing at all , except it be upon continuing in phrenaticall Fancies ; and those of the most exacter sort amongst them , are named Seekers , not of God , or his Truth , and of Peace ; but of themselves and of novelties , at the best ; which ever hath , and will be troublesome to the Peace of the Church . Truely , as those factious ones , by rejecting all dependancy , and subalternation of inferior Presbytereis to superior , in Church-government , have acquired unto themselves the Name of Independents ; so , if you cast your eyes upon the courses of those mens seeking of preferment and benefit , they may justly all be called Seekers : For , there was never a generation , among men , so nimble and so active about preferment and benefit , as those men are . The Jesuites are far short of them , howsoever cryed up through the world for this ; for , they run up and down with care and cunning to lay hold on power and moneys , wherin they have come to good speed by their crafty insinuations , and the sillinesse of other men : Divers of all ranks , not excepting the higher amongst men , seeing their wayes advantageous , side and cog in with them , for profit and employment . They , on the other side , receive none in their Society but those of means and gifts ; poor people and simple are profane in their account : They work hugely with rich mens wives , widdows , and daughters ; and stirring fellows , in any kinde are good for them : And to carry on their businesse more smoothly , they plead for charity , that there may be a charitable interpretation of their carriage and proceeding , when God knows , they are destitute of all charity , first towards the Church , in generall , whose peace they disturbe in a high measure , and towards particular men , for they oppresse and afflict every honest man they can reach , in hatred to faithfulnesse unto the good of the Church and State , if all were well known and considered ; for those who strive so much for confusion in the Church , aime all Anarchie in the State , doubtlesse . It is true , there be divers simple well meaning men that are insnared in the opinion of those men , of Church-government ; but , good people , who are not of the Cabale , nor of the secret faction ; who , I doubt , upon fuller information , will leave the error , and follow the Truth . So there be many honest and well meaning people , who adhere and follow the Jesuites , who are not acquainted with the mysteries of their iniquity . Then , with a great deal of deceit , they cry out igainst the rigidnesse of Presbyteriall-government , as aforesaid , to make the people beleeve that it will tye them to such a strictnesse and rigidity , or austerity , that all Christian Liberty will be taken away from them . Wherein they do lye most abominably against the practice of all the Reformed Churches where this Government hath place , namely in Scotland and France , where if there be any thing amisse of this kinde , it is towards lenity rather then austerity . Yet , those fellows give out , that they are more holy then other men , and of a stricter life , and will not admit to their Society any who will not bind himself to the strictnesse they professe externally ; but , their carriage , being neer looked to , will be found as far distant from what they professe , as the Capuchins hypocrisie is from true piety . The businesse is no sooner ended concerning the Church-government , maugre Independents , but there arise other difficulties and rubs in the way , to hinder the setling of Government : Such obstacles are cast in by the Enemy , to stop the building of the Temple : First , Some will not allow it to be of divine right , notwithstanding it is demonstrated to have its ground in the Scripture , so clearly that it cannot be denyed , and practised by the Apostles and their successors . Then , There is a great stir concerning the power of the Presbytery , to admit and keep off people from the Table of the Lord ; and to receive men unto the Communion of the Church , or to seclude them from it : Which power some will have to be onely in the Civill Magistrate : Wherein there is a great mistake . From the beginning of the World to the giving of the Law , both functions of the spirituall Ministery concerning God and Religion , and of the civill Ministery concerning the externall Society of men , being in one man , to wit , in the Father , and the eldest Son in the Fathers room ; things were not so clearly distinct : But then , at the giving of the Law , God in his appointed time , and in his wise dispensation , ordained the functions of his spirituall Ministery of Church , and of the civill Ministery of State , to be in distinct persons ; so the power belonging severally to each Ministery was to be exercised distinctly by those who were set aside severally , for the severall Ministeries : And that the one Minister had power over the things concerning his Ministery , as the other over his , it is clear by Scripture . Thus , things did continue from Moses to Christ , although now and then not without some alteration or change , by reason of the revolutions of affaires , in the State of Israel and of Judah . In the Christian Church , the distinct Ministeries being in distinct persons , the power belonging to the severall Ministeries , must be in distinct persons , according to their Ministeries ; and although the civill Magistrate , or Minister of State , is not to exercise the spirituall Ministery , nor what belongeth to it ; yet he is obliged to oversee the Minister of spirituall things , to do his duty faithfully and diligently . Of those , much hath been said and written in former times , and of late , by men of the clearest judgement , and of most understanding in things of this nature . Besides , the fear of men , that the spirituall Scepter and rod of Christ should be prejudiciable to their wordly authority , the frequent encroaching of the Ministers of the Church upon the civill Minister , to wave what is done elsewhere , and hath been in former times here in those Islands , not onely of old , but in those latter yeers , Churches-Ministers , ambition , & avarice , having cast us in all those troubles ; doth furnish just occasion of wearinesse to the civill Magistrate , to keep the Ministery & power of Church men within the precinct of the Church ; but it must not be so as to make them like the trencher-Chaplain , to say a short grace and no more . As the Church Ministers are not to meddle with civill affaires , so the civill Ministers ought not to meddle with things meerly spirituall ; such are the censures of the Church , which is commonly called the power of the keyes . Further , as Prelats with their Emissaries , have put Christ out of his Throne in a kinde , making themselves Lords and Masters of his Flok and Heritage ; so on the other side , those who take away the due power of the keyes from the Ministers of Christ in his Church , doth him a great deal of wrong in his spirituall Kingdom . Therefore , let us look to it , lest when we have pulled down one tyranny Antichristian out of the Church , we do not leave it to confusion and Anarchie , and so to be inslaved to the phancie and to the humour of weak men . But of this , let it suffice in this place . Moreover , as the Scots did constantly in all their own troubles ever from the beginning to this day , lay hold upon all the occasions they could meet withall , to try if it were possible by fair means to redeem the misled King from his evil wayes , and to calm all things with the least noise or stir that could be ; so it hath been their constant course here , both before and since their conjunction in action with the English in this Common Cause , to try by fair means , if the King could be prevailed with , for his own good and that of the people ; and now at this time , after so many advantages obtained of late upon the adverse party , they have thought it fit to desire the Parliament to send to the King , to try him yet again , if at last he will condescend to what is fitting in reason and conscience for the setling of Church and State , as it hath been proposed unto him , with a ripe deliberation , after a serious debate , and laying aside all evil Counsell , where with he hath been so long misled , come home to the Parliament , the great Counsell of the Land . This advice of the Scots , as it is liked by the wiser and better sort of men , who have mainly the publike Service before their eyes ; so , by the hotter kinde of people , who breath nothing but violence and extremity , it is cryed out upon as prejudiciable unto the Common Cause , and will give an advantage to the Enemies , since the King is not to be reclaimed by fair means , and will never yeeld to reason but upon meer necessity . It is but too true , I am assured , and I must confesse there be but very small hopes of doing any good with the King , or gaining any good upon him in that way ; for , besides that nothing hath been gained by all the former Messages sent to him , or by Treaties with him , the violation of the Peace made twice with the Scots , the many Plots both in Scotland and in England to undo all , the bloody businesses in Ireland , the last intercepted Letters , wherein he expresseth his mind , and the intelligence we have from all places abroad , tells us sufficiently that he will continue still in this persecuting way of Church and State , so long as he can hold out . The reason of this his perseverance in those courses , is clear to any rationall man , and it is this : There is a great designe now afoot in these Dominions , which is to bring all to spirituall and temporall slavery and thraldom more then it was in the blindest times ; which will be kept up with all might and slight , so long as is possible ; and the abused King , who is the chief Agent in this businesse , will be kept to it and not suffered to give over the work , but go no so long as they who set him about it , can furnish him with any encouragement , by hopes , counsell , and intelligence , moneys , arms , or by any other assistances whatsoever , to keep life in the businesse . Now , if you will ask who be those who have set this great designe afoot , and have engaged the King in it , I will tell you , Rome , France , and Spaine : The Pope , to have all under him , at least , as formerly : The Spaniard and French , first , both in respect of the Holy Father , as Christian and Catholike Sons ; then , each of the two hath his own private interest besides : The Spaniard , by the means , hopes for a number of good Friends here , ( the work succeeding ) by reason of the common Catholicity , and to have Ireland absolutely at his devotion , to side with him upon such occasion as he shall require ; for it is every where remarked , that the Popish of those Dominions have a double dose of Catholicon in their bellies , and to be Spanish , and as they are addicted to the tyranny of Rome over the inward man , also they are affected to the tyranny of Spaine over the outward man ; so ingrate are they towards God , and so unnaturall towards their own Countrey . The French hath his particular interest in the work ; for , since he could by no means get the King to side with him in opposing the Austrian , and to help his neerest Allies and Confederates against his and their Enemies ; in spleen and revenge , hath put many Irons in the fire to give work at home , to undo himself and his people . Next , The French , by the putting the King to work at home , and by keeping him to it , goe's on with his own work against the Austrian , namely in Flanders , wherein these Dominions have the most interest to look to , by reason of the neernesse and the narrow Seas . Then , the French hath a further drift , who when he hath any leasure from his Wars with the Austrian , either by an accommodation , or by an absolute Victory , he may send hither a party to make the Hola , with a vengeance , little to the content of either Prince or people ; yea , to seek by a strong hand that which the Norman offered to the then French King , and he refused . These are the shares and parts that Rome , Spaine , and France take in our troubles , howsoever they give out otherwayes , for prove of this , to lay aside many things which might be here alleadged : First , for Rome , I pray you put before your eyes the constant and neer commerce the corrupt Court and the wicked Clergie have had with Rome , and have to this day , with the Letters betwixt the King and the Pope , and the sending Agents hence to Rome , and from thence hither , and a Nuntio into Ireland , who is now so far as the neerer coasts of France , in his way for Ireland . Next , for Spaine and its adherents in the Catholike Cause , to say nothing of what is past in the kindling of the fire among us , by severall underblowings : I pray you to consider the Residents now of Castille , Portugall , of Venice , Florence , Lorraine , &c. what their carriage is , how enclined to the Court , and how adverse to the Parliament . As for France , The late Factotum of that Court , did acknowledge it to be one of his Master-peeces , to have kindled the fire in all those Dominions , first in Scotland , next in Ireland , and last , a little before his death , in England ; whereabout he had above a dozen of Agents at one time , acting their severall parts in this act here with us . Those who have succeeded in his place , carry on things his way very neer , namely , in what concerns us , as may appear by the sending into Scotland , to hinder the Scots joyning with the Parliament , and by the continuall supplies which are sent from France to the Enemies in England , Scotland , and Ireland , and the Residents of France their expressions in favour of the Enemies . All this is done really , albeit not avouched by publike Authority . Notwithstanding that both Spanish and French give out they will keep fair with the States of both Kingdoms , and indeed the commerce in some kinde is continued ; but , they receive in their Sea-Towns Pyrates with the spoiles they take from both Nations , who are now consederate in this Common Cause . Then some others , who , at first , although they had not perhaps put their hands to cast us in those troubles ; yet , seeing us enclining thereunto , have put them forward , and have given help to our miseries . Such are some of Holland , who , against the principles and grounds of their own State , have by their late Ambassadour , declared themselves to be enslaved to our corrupt Court , for their own private interests , and for that of him who namely set them awork . When I spake of Holland , Spaine , France , yea , of Rome it self , I do not mean the common people ; but of those who have chief hand in affaires and in Government : for , God knows , the people of those Countreys are as innocent of any evil office done unto us now , as our people were free from doing harm to the Protestants of France and Germany . The King of Danemark would fain have had his hand in the businesse ; but he hath found other things to do . Yet , after all this , since we constantly pray for our King both in publike and in private , if it were Gods will , to reclaim him unto himself ; and then that we might have godly , sober , and quiet life under him ; I see no reason why we should not try upon all occasion to regain him , leaving the event and successe to God , as the favourable hearing of our prayers for the King , to God his sacred will ; which not being declared unto us upon the point , we demand it upon the condition of his good will and pleasure , and not absolutely as the salvation of our souls , concerning which he hath manifested his will , in his word , unto us . Now in this place , and at this time , I know it will be expected to have somewhat said of the present condition of Scotland : So , to discharge this duty in some measure , I give you this Discourse in few words , and as neer the truth as I can , being at such a distance not having so full intelligence ; which I pray you to take thus . The Common Enemy seeing himself disappointed of effectuating , to his mind , his wicked designe by his enterprises of War , and his failing Plots in Scotland ; then the Scots refusing in England to serve him in this designe , as thereafter their helping the Protestants in Ireland , and last of all , their aiding England when they were very low , against his bloody Agents ; finds if it had not been for the Scots , he had not had such rubs and obstacles , and so had gone more freely on with his work : Wherefore , since the Scots were the onely , in a kinde , hinderers of his compassing of his designe , he thinks how to be revenged of them , and to make them leave off this active opposing of him and his designe . After many things proposed and tryed to small purpose , at last it is resolved by the Court to send home the Malignant Lords , to see what they can do ; whom , according to orders , go home , submit to the State , and take the Covenant . Divers other Malignants who had been lurking in and about the Countrey , do the same , and so they make all their peace . More , there were other double minded Lords , who hitherto had carried themselves so warily , albeit they were known to be disaffected , yet the Laws of the Land could not lay hold on them , receiving a favourable interpretation by the help of their kinred , Friends and Allies . At this time , a good part of the best affected men were employed abroad , either in England or in Ireland , what in action in the Field , and what in Counsell ; and the military men , who had been most stirring in their own last troubles , were employed in either of these two places , and some were gone to France to serve that King in his Wars . The Countrey being thus emptied of men of Counsell and of businesse , as also of men of War ; the Agents for the Common Enemy bethink themselves that they have fair occasion to do somewhat for the designe they in their heart affect and follow : but to go more smoothly to work , they must be employed in the service of the Countrey , which being emptied ( as is said ) of honest and able men , did admit them , and was in a manner of necessity constrained to make use of them in the Counsell of State , and in divers others Assemblies , and in all Committees almost . This point being gained , resolution is taken to make a party of some stirring men to go into Scotland , and the West Islands are designed to be the only fit place , the chance being tryed so often before to no purpose , because they were negligently kept ; the Lords and chief men of those parts being in England , with divers of the prime men of the Countrey : they pitch upon an Alexander Macdoneld nicnamed Kilkitterch , that is to say , Little theef , an Epithet fit for a man who lives on spoile and prey . This man as an outlaw had left Scotland , and gone over to Ireland , where he joyned with the Rebels , and fought for them against the Protestants for a time ; and after some dislike he leaves them , and joyns with the Scots , and bringeth some few hundereds of such men as himself with him . The Generall receives him , and he serves the Scots against the Rebels for a while : he tells the Generall that he had a great mind to have pardon for his former errors , and make his peace with his native Countrey : the Generall undertakes it , but finds not the thing so easie to be done , and so soon , as he expected , by reason ( as is given out ) of the naughtinesse of the man ; others say more ; truely there was a particular spleen that stopped it . At this , Macdoneld frets , and goe's back again to the Irish Rebels , who received him kindly , partly by reason of his activity , partly in regard of his new kinred with the Earl of Antrim . To be short , resolution being taken to send over into Scotland , and that into the Isles , choice is made of him , who having chosen out , from among the Rebels , some few hundreds of desperate fellows what native Irish , what Scots habituated in Ireland , what Islanders and highlanders of his own humour and Friends , goe's for Scotland , and lands in the West among the Isles and hills , where he finds but little , if any opposition . At his thus arrivall without any rub , divers of his old acquaintance and outlawes with him , repair unto him ; so he increaseth his number : at the first , the businesse was laught at : But , seeing the number did increase by those men , it is thought fit to look after them . He that had most interest , was in England for the time , who upon the news , goe's home , and takes Commission , with divers other Noble Gentlemen , to pursue the Enemy ; but the pursuit was with such slacknesse , that the Enemy gains daily ground , and his number increaseth . By this time , Montrosse who had secret correspondence with Macdoneld , upon advice , goe's privatly from the North of England , where he had bestirred himself as in the South of Scotland , but he had been repulsed by the English and Scots forces in those parts , with few men incognito , and joyns with Macdonald . The two being joyned , Montrosse declares himself Generall of the party , and sheweth his Commission , with many fair pretences to stand for the Covenant , and to continue the Government of the Church as it is now setled , and also , to ease the people of the burthens laid upon them by some factious men : This he promiseth , assisted with Papists , Atheists , forsworn men , and outlaws ; which he performeth much at the rate of him who set him a work , spoiling , burning , and slaying men , women , and children ; in a word , using all kinde of barbarous dealing where he could be Master ; yea , divers were not spared upon their beds . Then , those Nobles and Gentlemen who had Commission from the States of Scotland , go against the despicable Enemy , and the first rencounter was about the bridge of Jerne , where some betraying the Commission they had , run to the Enemy , others astonished fled away , and others sell their lives at the dearest rate they were able to do : so with a few , he had the better of a great number . The Enemy had another rencount a while thereafter , by the same way , and with the like successe : After which his courage and number increased so , that the people began to apprehend and fear him . Upon this , the States send more men to help , and think fit to employ an old Officer to command in Chief against those Rebels , who seeing this preparation made against them , retire to the hills , and seeing the Army of the Countrey could not stay altogether in one place , but must be divided into divers squadrons , the Enemy , from the hills , upon intelligence given him by Malignants of the Countrey in the Army , falls now and then upon Gentlemens houses , Villages , and Towns , which he spoiles and makes a prey of , and sometimes falls upon one quarter or other of the States Forces , where , although he found even honest men that fought most valiantly against him , and killed many of his men , yet , by the treason of some Commanders or others , for the most part , he hath come off with advantage ; and now within these few dayes , he hath had the greatest with a handfull of men . He never , to this day , could make up at one time three thousand men , when the Countreys forces were together neer twice , thrice , yea four times his number . Although God be the Lord of Hosts , and it is he that giveth wisdom and resolution for Victories ; yet since men have a hand in this businesse , we cannot but enquire if the men employed in the work have done their part according to their trust and abilities wherewith God hath inabled them . I know , that it is ordinary with people , ( who rise little higher then to men ) when there is any good successe obtained by any , to adore him , and when things go amisse to lay the fault upon man , yea , perhaps , upon the same man whom they had a little before adored . Yet here , although I cannot say positively , there hath been a continued treachery in the carriage of things , by divers of the Officers , namely , by him that did command in Chief ; there be shrewd presumptions to guesse that there is a great deal of knavery ; as , First , The great complaints of the honest and true Commanders , who , being neerest , could see best , and judge best of fair play or foul . Next , The posture of the Countrey , when this party entred into the Land . Then , The correspondence the Enemy hath with some of high note and employment in the Countrey , with the favour and connivence of others . Further , By the open treason of those who have run unto him , although employed against the Enemy ; yea , there be who have run unto him in the Field , when they should have fought against him . More , The assurance that the Malignants had of Victory long before it came , at home , in the Countrey , here in England , and beyond Sea . To this exigence , with the now unsuffering barbarous Enemy and of false brethren , have honest men brought themselves to ; and the poor Countrey , who had carried on their own businesse with such resolution and wisdom , & had kept under them the sons of Belial and children of falsehood and lyes , that they durst not grumble , but submit quietly , for their kindnesse to their Neighbours , among whom they have dispersed themselves for their Service , and for overplus , they are payed with ingratitude , neglects , yea calumnies and affronts for their pains , by many of these people , for whom they have drawn all this upon them , and for whom daily they hazard and lose their lives , when they might all this while have sat at home quietly : but , they hope that the same God , who set them first about his Work , for all this , will inable them in mercy to be stedfast to his Cause , for which they now so much suffer ; will , at last , free them from trouble , and end the businesse to his own glory and the good of his people , in despite of all malignancy and opposition whatsoever ; for , when God hath chastised his own for a time , he will throw the scourge in the fire , and shew them his great power in redeeming them from the hand of the wicked , upon whom the tempest of the Lord goe's forth , and the whole wind that hangeth over shall light upon their heads ; yea , the fierce wrath of the Lord shall not return untill he have done and performed the intent of his heart upon his Enemies : and the Lord will say unto Israel , Thou People , who hast escaped the Sword , hast found Grace in the Wildernesse , and I will go before thee to cause thee to rest , for I have loved thee with an everlasting Love ; wherefore , with Mercy have I drawn thee , and I will make a new Covenant with thee , thou hast broken the old which I made with thee when I brought thee out of Egypt ; and this shall be the new Covenant I will make with thee , I will put my Law in thine inward parts , and write it in thine heart , and thou shalt be my People , and I will be thy God . Let us therefore wait upon the Lord with patience , who will not faile in his promise , if we return unto him with true repentance for our sins , and with a serious resolution to stick constantly close unto him , with our whole heart . There hath been of late a great blustering of some secret under-hand dealings with the Common Enemy , by some few men , without the knowledge of the publike ; of which I have thought fit to say these few words ; and to understand the thing more at length , we shall call to mind bow that the King , this last Winter , sends hither his cajeoling Commissioners , who , according to their Order , did cajeole the Scots and the Independents ; but , how far they prevailed then with the Independents by their cajeolerie , I cannot tell : but , I am sure , they did not gain of the Scots the least point of any thing , yea , not of any expression or thought of businesse , which could be in any kinde interpreted to have an ill meaning in it against the Churches and States advantage , in the three Kingdoms ; as the Scots have made appear in their constant fair carriage , in all businesse of Church & State , maugre envie , namely in the last Treaty , where they did shew really what honesty and faithfulnesse they had in their heart , as I have said before . The Treaty being ended without any agreement , the Court , after a time , sends one hither ; for , although he gives out that he stole away , yet he came with the knowledge of the Court ; and things being tryed really , it may happily be found that he came hither by Order expresse , with instructions ; who is a great cajeolor to use the Courts own words , that is , in plain language , a meer cheater , who hath vowed to cozen , by his lyes : This cajeolure , as the former two , endeavours , first , to cajeole the Scots ; but , finding he had a cold coale to blow , he leaveth off the designe with them , and makes his addresses unto the Independents ; but how he hath sped with them , it is not as yet fully known , things not being manifested ; but some fidling businesses there have been betwixt him and them , whether or no , by the whole Cabale , or by some few of the prime of the faction , it is uncertain . First , That there was some under-hand-dealing by them , the intercepted Letters of Digby unto Leg , give a shrewd proof of it . Next , The Papers found since in the cajeolors friends closet , under the cajeolors own hand . When these things are tryed to the full , we hope the light of all will appear , which all honest men wish it may be done exactly and speedily : And till then , mens minds will not be satisfied , and they will hardly refrain to speak of these things , howsoever it be taken ; for they conceive not onely by the opennesse of the time they are free from the thraldom of the corrupt Court ; but also , since they have interest in the businesse , and have hazarded all what they have or had for the publike Service , they may expresse their thoughts freely of occurrences , so it be with discretion , sparing mens persons , till things be cleared : And sincerely I think , no innocent man can be angry at this ; if any in conscience finds himself guilty in any kinde , that he will do well to suffer it patiently , for fear he suffer more , if things go exactly on to a triall . The light that happily may be found out of this , will not be and cannot be by a mathematicall or metaphysicall demonstration , yet by so certain proofes as the nature of the thing can suffer or require ; for , businesses of this nature take probable Arguments for demonstration , as we are taught by the Doctors of of the Politicks . I know some have suffered for their free expression of these things , yet , I am confident , it had been greater wisdom ( under favour ) to let go free speeches , rather then to examine them too neerly , namely , when they proceed , without malice or scurrility , from honest men , who in their zeal , perhaps , now and then , may exceed the exact terms of moderation ; and this I am perswaded , hath been the constant practice of wise men , grounded upon this : if the discourse be groundlesse , it fals of it self . If there be any ground by stirring and ripping up speeches , things will appear openly , which otherwayes in a short time , would have been buried in oblivion . I forbear instances as in all my discourse , keeping my self to generalls , although I could have furnished divers examples upon every point I have touched ; for , albeit it be said , He that speaks in generall of all and to all , speak of none and to none , yet every one may make use of what is said in generall , and apply it unto himself , for the good of the publike and of himself ; which I wish every one that reads this discourse , may do in all singlenesse of heart , as it is set forth by him in sincerity , who hath no other end in it , besides the glory of God , the good of Church and State , and the true advantage of every honest man , without any wrong-meaning , but an earnest desire that every one who is right and honest in this Cause , without by-respects , may continue so till the end ; and that those who have gone a wrong way may return into the true , to the glory of God , the advancement of his Cause and of his people , with their own praise and benefit . Before I conclude , I will say this in truth , There was never a People in any age , who , by Gods blessing , did carry on the work of Reformation with more wisdom , and resolution , and successe , then the Scots did in their own Countrey , and no more compassionate of their Neighbours in distresse , nor more forward to help them by action and counsell , and to carry on the work of Reformation amongst them , then the Scots have been and are to this hour : So , there was never a People so harshly used in divers kindes , by some of those for whose good they have been and are so earnest : If this coarse usage went no further then their own persons , means , and reputation , they could passe it with silence , and not so much as think of it , laying it aside in Christian charity and brotherly love , although they suffer much in all these by it , since they have joyned with their Neighbours to help them : But , since , by the neglecting , opposing , and in a word ill-dealing with the Scots , the Service and work they are about is wronged , stopped , and delayed , which is mainly and namely to help the setting forward the Reformation of the Church of God , as it is expressed in the Nationall Covenant ; they cannot but take it heavily to heart for the Name of Gods sake . Surely those factions ones , who have used , and , at this time , use thus their Brethren , who have ventured , yea , lost themselves in a manner , with all what is dear unto men , for their sake , and to do them 2 double good , that is , to help them out of trouble , and to settle 3 true and through Reformation amongst them ; have much to answer , not onely for their malice , unthankfulnesse , and ingratitude to those who have spent themselves for them ; but also , for their stopping and hindering , so far as in them lieth , the good work of God , and by that means give occasion of the continuance of these miseries wherein we are all now involved , and almost overwhelmed . God forgive these men , and turn them truely unto him , if it be his will ; otherwise let them have no power to hinder his good Cause . And thus , good Reader , I have thought fit to give a little touch of divers main passages of these our troublesome businesses , leaving a fuller Discourse of things to another time and another place . FINIS . 
A39786	----	Some thoughts concerning the affairs of this session of Parliament. 1700 Fletcher, Andrew, 1655-1716. 1700 Approx. 28 KB of XML-encoded text transcribed from 16 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A39786 Wing F1297A ESTC R222664 99833811 99833811 38289 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39786) Transcribed from: (Early English Books Online ; image set 38289) Images scanned from microfilm: (Early English books, 1641-1700 ; 2208:01) Some thoughts concerning the affairs of this session of Parliament. 1700 Fletcher, Andrew, 1655-1716. 30 p. s.n.], [Edinburgh? : Printed in the year M.DCC. [1700] Attributed by Wing to Andrew Fletcher. Copy stained; with print show-through. Reproduction of the original in the William Andrews Clark Memorial Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- Early works to 1800. Scotland -- History -- 1689-1745 -- Early works to 1800. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-02 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion SOME THOUGHTS CONCERNING The Affairs of this Session OF PARLIAMENT ▪ 1700. — Quis , eum ruat ardnus Aether Complos tenuisse Manus . — Printed in the Year M. DCC . Some Thoughts concerning the Affairs of this Session of Parliament , 1700. OF all Governments Monarchy is the best , and least subject to Inconveniences ; but because the Monarch is a man subject to Errors in Judgment , and capable of being byassed in his Affections , it was therefore necessary , that the Common-Wealth , as it gave him great Power over them , so it should assigne him also the best Helps , for directing both his Will and Judgement . The first Help was Law , which is the Rule both to King and People . The second , were certain Councills and Counsellors with whom to consult in matters of most Importance , as we see in the Dyets of Germany , the Courts of Spain , and the Parliament of England , without which no matters of moment can be concluded . The Romans had their Senat , and the Graecians their Ephori . As We are happy in a Limited Monarchical Government , so it has succeeded well with our Kings when they have had VVise Counsellours , and have been advised by their Parliaments in things relating to the Publick Good. The Nature of our Parliament is explained in the 8. Par. K. Ja. 6. Act 2. where it 's said ; That by the court of Parliament under GOD , the Kingdom hath been upholden ; Rebellion , and Traiterous Subjects punished ; the Good and Faithfull Preserved , and maintained , and the Laws and Acts of Parliament ( by which all good men are Governed ) are made and established , &c. This Act was made whilst our King was yet amongst Our selves , but no sooner did We loose Him , than We dwindled all of a sudden into old Age : and altho' the whole Island has been Christened by the Name of Great Britain , the English only have reaped the Honour and Advantage of this Union . Henry VII . of England said to one of his Counsellours , that the Marriage between his Daughter , and Our King , would make Scotland an Accession to the Crown of England , some VVay or other : nor could it be otherways , when our Kings , ever since the Union , have lived in England , and that the English being made secret to our nearest Concerns have had the Art to Influence Our Counsells for their own Interest . Kingdoms are United either when they become the same People in Subjection : ( such is our Union with England ) or when they are United in Laws and Interest ; so that they become the same Common-Wealth : one Head Rules them , and all inferiour Members conspire for the Prosperity of the whole Body . The last of these Unions is Good for both : Whereas the first is neither lasting , nor can all Parties be justly dealt with by the same Master . We Knovv Portugall soon Revolted from Spain . If We are Stated , That , as the Poorer Part of this Island , VVe are to Enjoy nothing that the English may think of ill Consequence to them ; The Question is , Whether We should prefer their Interest or our own ? And surely , a just King who is Father of both countries , must be put to it , by Deliberate Reflections upon the Oaths He has taken to both Kingdoms . Our Secretaries who have been obliged to attend at Court , were the Persons by whom the Advice of the Privy Council concerning the Affairs of this Nation , has been communicated to our Kings , and by whom their Majesties have signified their Will to the Subject ; But it may be doubted whether the Advice , followed by those Kings , has been that of England , that of the Secretaries , or that of the Council here By the great Trust Our Secretaries have , they ought to be Guardians to their Country ; that by their Vigilant Care and Probity , Subjects may find experimentally , that they are as much for their Advantage , as they have Power and Dignitie . No privat Advantage , no Self-Ends should move them to Betray their Charge ; No English Dependence should Dare them ; but by their Virtue they should raise their Character above the Envy of wicked men . They should mind what Tacitus says ; that tho' the Deliberations of all other men do commonly consist in the Considerations of Utility , and Profit , yet the state of a Prince is such that He ought principalie to respect Fame and Reputation . It should be a great Awe upon them to be Honest ; that Favorites of Princes have been so often Sacrificed to an oppressed People . Plutarch sayeth that the Counsellors of Dionysius , Phalaris , and Apollodorus , were justlie Tormented by the People ; because he who Seduceth a Prince deserveth no less to be abhor'd of all men , than one that should Poyson a publick Fountain , whereof all men should Drink . Henry VIII . in the Beginning of his Reign , to satisfie his English Subjects who Importuned Him for Justice against Emson and Dudly for the evill Council they had given to Henry VII . in matters of Exactions and Impositions , delivered them to be Punished according to Law. VVe might be liable to suffer , if we had no other to informe His Majesty , about our Ease and Riches , than Secretaries and Courtiers , from whom must depend the Character of every one in Publick Trust here . It 's our Parliaments therefore that have taken Notice of our Concerns ▪ and it is to this Parliament we have Recourse for our present Affairs ; seeing His Majestie is for the present so occupied in Managing the Interests of England and Holland , that He leaves tacitely to our Honourable Members of Parliament , not only to call missinformers to an Account , but to inform himself in every thing concerns our Good. We would have been very happy to have had the Presence of His Majesty in this Session of Parliament , according to His Royal Promise , which has been allways necessary for us : That He might be informed at one View , what is fit to be done in every Juncture of Affairs , that He might know what part of His Kingdom Flourishes , and what part of it Languishes : That He who is above all in Honour and Authority , would be likeways Interessed for the Benefit of the Publick , and that He might have Occasion to influence His People to their Duty , by His Piery Justice , Valour , Clemency , and other Princely Qualities . Noble was that Speech of Henry IV. of France , and worthy of so good a King , when he Assembled the States of his Kingdom at Rouen 1596. which he ends thus . I have not called you to this Place , as my predecessors have done , to oblige you blindly to approve of my Will ; I have Summoned you to Receive , to Believe , and to Follow Your Councils : In a Word , to make You my Guardians . How acceptable would such a discourse be to this present Parliament , from His Majesty ? and what might we hope , but to be watched over ; our Good , our Ease , and Wellfare , to be the End of His Undertakings , and the Happiness , Strength , Wealth , and Honour of our Country to be His Joy and Satisfaction . But it 's You , most Honourable Members , He makes at present Judges of every thing is for the Benefit of this Nation , and in whose hands He Depositates His Royal Care of the People . And surely His Majesty , who has been our Deliverer , will Abominat that Base and Dishonourable Method Publick Ministers had of Corrupting our Members of Parliament , by Places , Money , or Promises , to Betray the Interest of this Nation . Every one knows the Plot was first Hatched at Court , of making or abrogating such and such Laws : some Favourit read the List of our Members of Parliament , and as they found a Name for their purpose , they Marked it with a Capital Letter . If the Names marked did not exceed the Remainder of the List , so much Money was order'd to increase the Number : and this was recommended to the Management of the Commissioner , and Secretaries , who so soon as they Arriv'd in Scotland , set all Hands to Work for the Imploying it to good purpose . May all our present Members of Parliament Detest those Ancient Vices , and Remember , rhat our King knows the Reward belongs to Merit ; knows the Dutie of a good Patriot , and the Treacherie of one betrays His Country ; Let them all then lay to Heart the good of this Kingdom . A Nobleman , as a Nobleman , is obliged to Imploy his Powerful Assistance to the Publick , to Maintain it with his Wealth , his Riches , and his Blood ▪ He ought to be the Supporter and Pillar of his Country , a Defence to the Poor and oppressed , and a Check to the Violence of wicked Men. These were the Qualities have made the Predecessors of some of our Nobility so Famous in Historie , and their Memorie so dear to Posteritie . A Gentleman who 's a Member of Parliament , is to be Faithfull to his Trust , both out of Principles of Honour and Interest ; for if We take away Honestie from him , He will differ nothing from the Refuse of Society ; or by what other distinguishing Character can we know him from the Mob ? If He betray the Liberties of his Countrie , how can He hope to transmit his Estate to his Heirs , or Secure his Friends from Slaverie and Oppression ▪ And all Members of Parliament are to remember , that as they are the Representativ●… of this Nation , so they are the Protectors of its Priviledges ; who ought to Examine the Interest of the People , contribute to their Wealth and Security , be Mediators between them and His Majesty , endeavour to Remove ill Counsellours from Him ; And they ought to act in every part , as Men of Probity : Being bound to Discharge their Trust , both by Duty and Oath . Nor let them degenerate from that Boldness becomes every Man stands up for His Country ; but be Couragious like Helvidius Priscus when he receaved a Message from the Emperour Vespasian , not to appear in the Senat , or if He came , not to interpose his Opinion in a Debate which was to be moved there ; Sent back Word , that his Character of a Senator required his Attendance , nor would he baulk any Thing that became him according to Conscience and Duty . Vespasian , provoked with what He thought insolence in this Reply , Threatned to put Him to Death . To which second Message He returned thus : Did I ever tell the Emperour that I was immortal ? His Majesty , I suppose , will do His Pleasure and I will do my Duty ; it is in his Power to put Me to Death unjustly , but it is in my Power to Die Virtuously . The preferring the Good of the Common-Wealth to any self-Interest , is the greatest Ornament of the Soul ; and when all our Actions are measured in Respect of their Objects , most Noble are these which Aim most at the Publick Good ; By which Virtue the Heathen Heroes became the Peoples Gods ; whereas Private Interest has been allways the Business of Slaves . Who is it deserves Universal Praise , but those who designe Universal Advantages ? those are deservedly called Fathers of their Country ; and it should be enacted a Paricide ▪ to wound the Reputation of such , whose ▪ Fame shall be like Medals , grow stil the more Illustrious the older they grow . Epaminondas is admired who was allways more busied in raising the Glory of his Country than in heaping Pelf for himself . Decius who threw himself amongst his Enemies to gain a Victory to his Country shall live to Eternity . And for the love of their Country it was that Aristides of Athens , being sent Ambassador with Themistocles who was his Enemie , willed him , at their Departure out of Town , that they might leave all their Emulations . Altho' the Law of this Kingdom hath attained to a great Perfection by its few and clear Statutes , nevertheless as the Affairs of the World , and our own Circumstances Change , we must have Parliaments to Provide us with new Laws . I doubt not but our Parliament will take into their Consideration ▪ our Trade , our Publick Society's , our standing Armie , and our Publick Treasurie . Upon which separatly ▪ I shall make these following Reflections . First , Trade is necessary to any Nation that either will have Riches , or their Poor Imployed ; and this is a Truth so well known , and all Nations perswaded of it , that the Thoughts of most men are turned that way . It will be happy for us , that it be Carefully looked after ; especially the Affairs of our Company Trading to America , and the Colony they have planted in Darian , in Spite , both of forreign and domestick Enemies ; our just Title to which , of late , has been proved by unanswerable Arguments ; So that it 's the Nations Honour for Our Parliament both to assist our Directors with Money , and Authority to retrive their Losses ; and to Frown upon all their Enemies ; as being no Friends to this Country . I 'm perswaded no Tax will be more agreeable to the Subject , nor more readilie payed , than for carrying on this Project , that has made the name of our Nation Reign in all Forraigne Courts , after it has been in Oblivion for almost this Century ; and which has made us Formidable to the Spaniards , whose Grand-Fathers thought that Scotland was a Province of England . The Profit that may arise to Us from our Colony , if it prosper , is evident to everie one knows the Riches of the Spanish Plantations ; And let us but Suppose , that we are only able to Keep in our Possession , the Port of SAINT ANDREW in CALEDONIA , it may serve to be a Magazin for all our Commodities in the West Indies , and to Manage a private Trade with the Spaniard , to the great Advantage of this Nation . But let Us have a more Noble End than Gain alone ; The Propagation of the CHRISTIAN RELIGION ; and if this were the only Motive , We ought to part with our Money freely for the Glory of GOD. To Oppose our Designs we have but one declared Enemy , the King of Spain ; who if He endeavour to drive us from our Possession , Honour obliges Us to Defend our selves . If the English or Dutch oppress Us , contrary to the Laws of Nations , I don't see what should hinder Us to take Protection wherever it may be found . It may be some People will object , that our Darian Business will occasion a War with Spain ; or , that our Directors have mis-managed . But in such Objections there 's more Humour , than Love for the Country ; because by the same Argument we may be Bullied out of any thing the Spaniard , Dutch , or any other Nation has a Likeing to ; and even be Obliged at last , by another Step of Complaisance , to renounce the Title of a free Kingdom . If our Directors have failed either by Ignorance or Negligence in their Designs , that should not keep Us from doing our Duty , nor to contribute all that 's in our Power , for Recovering the Losses of our Companie ; otherways all advantageous Projects may be balked , because ther 's allways Knaves Embarqued in them . If any Body has the Impudence to amuse us with Fisheries and other usefull Projects , it should be looked on as Banter ; For when His Majestie has discountenanced us to gratifie the English or rather the Dutch , we don't Know what more he will doe for his Native country . 2 ly . Society is a great Support to Trade , for great Interprises can be better carryed on by the Credit of many , than by one single Family or Person ; and it has been the Practice of our Neighbouring Countries to Establish Companies , Trading to different places of the World ; and severall Societies at Home to mind their Manufactories , and have protected them with particu-Laws and Immunities . It 's by Honesty and fair Dealing that all Societies flourish ; and vvell did the Romans Know that , when they punished the Members of Societies for Frauds and supine Negligence , with Infamy . l. 1. ff . de his qui not . infa . § poen . Inst . de poen . tem . litig . The Nature of Man is so prone to Wickedness , and so easily led away by Temptation , that if there be not some severe means taken to prevent all ill Practices : Ther 's no Society but may be ruined , being exposed to the catch of everie miserable S●arper , and specially here where some Merchants know better how to impose upon people that deal with them , than to preserve that Candor which becomes every honest Trader . Therefore it 's advisable that it should be made Death and Forfeiture to every one who is found Defrauding the Society of which he is member ; and Punishable for all other delinquences Proportionably to their Nature . The one half of the Forfeiture should be added to the stock of the Companie , and the other half given to Him who Accuses the said Member ; by such Laws ill men will be keep'd in their duty and honest men will not easily be Imposed on . 3 ly . Every well Governed Nation must be in a Posture to Defend her self , and upon good ground to assist her Allyes abroad . Had we therefore either fear to be attaked by our Enemies ; or Allyes to assist ; we should have all the reason imaginable to keep a standing Armie : and I believe no Subject would repine to be Taxed for It's Subsistence Proportionably to his Abilities . Why should we be affraid for Enemies abroad , when England which is the better part of this Island thought it self secure immediatly after the Peace ? and Kept no more Force than to Secure the Peace at Home , and prevent all Disturbances . What Allyes have We to assist ? unless We are so officious as to call those of England and Holland our Allyes ; like the Highland Countrey-man who called all his Master , s Cousins his own . At the Treatie of Rysewyck , was ever the name of our Nation mentioned any more than as one of his Majesties Titles ? did ever any bodie endeavour to Recover our old priviledges from France ? or what have we Reaped , for all that our Country men shewed either in Valour or Adress , for Obtaining an Honourable Peace ? We are neglected by all the World , when they don't stand in need of us ; Contempt is our only Reward for declaring Warr against France , when we had not a Ship to defend our little Trai●e ; And our Souldiers are sent home Poor and Mutilated , to eat our Bread , till such time the Dutch or English find service for them . Is it not time to look to our selves when everie other Nation minds their particular Interest ; and either at present , to declare our selves mercenary Fools , or to act as a wise & Free Nation ? Let our Parliament remember that Mercy is to be used to the Purse of the Subject ; Or , how dangerous standing Armies have proved to France , Denmark Poland , and other Countries ; nor do we Know what Influence our Forces might have upon Us at present , were they ill inclined . Let our Honourable Members consider the Poverty of our Country , the Decay of Trade , and the great Treasure our Courtiers and Pensioners carry every Year from this to England . So accordingly may they inform their Judgements about the Necessitie of a standing Armie . Alltho ' it's absolutelie necessarie to Disband the most of Our Troops ; yet Justice and Interest require , that all the well-deserving Officers should be provided with Pensions , to keep them in this Countrie , that they may be in a Readiness to Serve when the common Defence requires . Wise Men know that in Time of Necessitie good Officers are ill to be got ; and the Confoederats , in the beginning of the last War , found that all the Advantages the French had over them were occasioned by the Pawness of their Officers . And it 's also remarkable that the French , who are absolute Masters of War , set a great Value upon experienced and brave Commanders . In Time of Peace , were We to augment our Force , it should be at Sea , because everie Countrie is to be Guarded according to its Situation . Lastly , As Advice is the Head , so Money moves the Springs , & strengthens the Nerves of every State ; by which it Moves , Acts , and is Knit together . No Orator is so perswasive upon the Wills and Affections of men ; nor no Conqueror so Successfull by Force of Arms , as a good Treasure ; and such is the Temper of most men , that they serve Money with Zeal , and obey it without Grudging . It is our Interest according to the custome of all wise Governements , both to Provide good Funds , and to Imploy the money arising from them to proper Uses . There 's many ways to raise Money from different Funds : Yet the Ease of the subject is to be had in Consideration , and all Impositions so qualified that they may be laid upon persons proportionablie to their Estates ; for it 's not just that all People should be levelled , where Fortune hath made a vast difference ▪ it 's therefore that all Excises upon Meat , Drink , Cloaths , &c ▪ are equal for all ; every Body being obiged to contribute according to their Luxurie . If considerable Taxes were laid upon Moneyed Men , they would be forced to apply their Money upon Trade , where they might have the greatest Gain . Poll and Hearth-Money should be avoided , being too heavie Taxes for the Poor . Great Duties should be laid upon everie Forraigne Commodity for which the subject has not an absolute necessity , or a way to vent it abroad ▪ and and it would be for the advantage of Trade that the Rates of his Majesties Customs were revised , and that no Exported Goods should pay Custom . No Custom , or Taxes should be Fermed , because we know by Experience that they serve to Enrich particular People , who have the Art of Jugling with these who are Deputed to Examine their Accounts ▪ and what Favours are given to the said Publicans by his Majestie it would be for the Honour of the Government , that they were given to the Poor , who are never spared by the Insolent Tax men , Publick Collectors should be appointed for gathering all customs , and each Collector ought to have a good Salary to make him Honest , and he obliged to find Bail for his Intromissions , so that the Nation might be Honestly served . To imploy the Money arising from funds , to the advantage of this Kingdom , Our Parliament is to take notice ; because all Supplyes run in Form of free gifts from the Subjects to his Majestie , for their own behoofe : Now whither these gifts are applyed to the publick good , the members of Parliament that gave them are most capable to Judge ; and when ther 's a good understandiug between Prince and People , I believe the Parliament will do it's Duty , that neither his Majestie be imposed on , nor the People cheated out of their Money and Liberties by pensions . We have the exemple of this present Parliament in England , to state the present defects of our Treasury ; to examen the occasions exhausted it : and then to make the People sensible of the necessity of new Supplies . A great many good Laws are usefull to be made this Session of Parliament to prevent severall inconveniencies our Constitution is lyable too , and which might secure both the authoritie of future Parliaments and the liberties of the Subject . All Officers , or any body that depends upon Court , ought to be declared incapable to vote in Parliament , because such Persons are supposed to move according to the Inclination of the King , from whom they receave their bread immediatly ; and that they would doe little for the Good of the Subject when it happens that the Interests of Prince and People are not the same . This should be one of the Preliminary Votes , and no sooner is this Vote stated but all Pensioners become incapable to Vote for themselves . We may Learn by the English Practice , and our own Parliaments , how Convenient it is that all Ovetrures concerning the affairs of the People be Voted and Receave the Royall Assent before any Supplyes be granted to his Majestie . But what may we not expect from this Parliament , for the meeting of which , we have so Languished ? but that all Grievances will be redressed that the interest of the Subject will be minded ; and that every Law will be made that can contribute to the Glory and Safety of this Nation . Then let Us lay aside all Animosities and confide in each other , Aiming all at the Publick Good ; Let everie Member Act as a man of Honour and Conscience : Let our most Noble High Commissioner behave as above the frouns of Fortoune , as one that 's Mortall , whose Fame must be Transmitted to Posterity ; never had any a greater Opportunity of becoming Universally Beloved , or Universally Hated ; never had any such an Occasion to shew his Zeal for his Country , or his Love for his Friends : Nor ever did this Nation stand in need of so Vertuous a Person ▪ Let us all then Concur with good wishes and advice for Pos●erity to our selves , and for the Floorishing of this Kingdom . FINIS . 
A29958	----	De jure regni apud Scotos, or, A dialogue, concerning the due priviledge of government in the kingdom of Scotland, betwixt George Buchanan and Thomas Maitland by the said George Buchanan ; and translated out of the original Latine into English by Philalethes. De jure regni apud Scotos. English Buchanan, George, 1506-1582. 1680 Approx. 229 KB of XML-encoded text transcribed from 74 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A29958 Wing B5275 ESTC R19572 12399655 ocm 12399655 61242 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29958) Transcribed from: (Early English Books Online ; image set 61242) Images scanned from microfilm: (Early English books, 1641-1700 ; 271:12) De jure regni apud Scotos, or, A dialogue, concerning the due priviledge of government in the kingdom of Scotland, betwixt George Buchanan and Thomas Maitland by the said George Buchanan ; and translated out of the original Latine into English by Philalethes. De jure regni apud Scotos. English Buchanan, George, 1506-1582. Maitland, Thomas. Philalethes. [10], 133, [1] p. s.n.], [S.l. : 1680. Reproduction of original in British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Kings and rulers -- Duties -- Early works to 1800. Monarchy -- Early works to 1800. Scotland -- Constitutional law. 2004-03 TCP Assigned for keying and markup 2004-04 SPi Global Keyed and coded from ProQuest page images 2004-05 Melanie Sanders Sampled and proofread 2004-05 Melanie Sanders Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion DE JURE REGNI APUD SCOTOS . OR A Dialogue , concerning the due Priviledge of Government in the Kingdom of Scotland , Betwixt GEORGE BUCHANAN And THOMAS MAITLAND , By the said GEORGE BUCHANAN . And translated out of the Original Latine into English. By PHILALETHES . Printed in the Year 1680. The TRANSLATOR To the READER . Candide Reader , I Have presumed to trouble your attention with the Ceremony of a Preface , the end and designe of which is not to usher in my Translation to the world with curious embellishments of Oratory ( that serving only to gratify , or enchaunt a Luxuriant fancy ) but allennatly to apologize for it , in case a Zoilus , or a Momus , shall happen to peruse the same . Briefly , then I reduce all that either of these will ( as I humbly perceive ) object against this my Work ▪ to these two Generals , Prevarication and Ignorance . First , they will call me a Prevaricator or prevaricating Interpreter , and that upon two accounts . 1. Because I have ( say they ) sophisticated the genuine sense and meaning of the learned Author , by interpreting and foisting in spurious words of mine own . Secondly , That I have quite alienated the literal sense in other places by a too Paraphrastical exposition . To the first I answer , that none are ignorant , that the Original of this piece is a lofty Laconick stile of Latine : Now I once having undertaken Provinciam Interpretis , behoved to render my interpretation somewhat plain , and obvious , which I could never do in some places , without adding some words ( claritatis gratiâ ) but alwayes I sought out the scope ( as far as my shallow capacity could reach ) and suited them thereunto . Wherein I am hopfull , that no ingenuous impartial Reader not prepossessed wiih prejudice against the matter contained in the Original , and consequently against the Translation thereof , will find much matter of quarrell upon that account , if he will but take an overly view of the Original , and so compare the Translation therewith . For I have been very sparing in adding ought of my own . To the second branch of the first challenge I answer briefly ; there are none who have the least smattering of common sense , but know wel enough , that it is morally impossible for an Interpreter to make good language of any Latine piece , if he shall alwayes verbum verbo redere ; I mean , if he adhere so close to the very rigour of the Original , as to think it illicite to use any Paraphrase , although the succinctness and summary comprehensiveness of the Original stile even cry aloud for it , as it were ; but to silence in a word these Critical Snarlers , where ever I have used any Paraphrase , I likewise have set down the exposition ad verbum ( to the best of my knowledge ) as near as I could . The Second Challenge is of Ignorance , & that because I have passed by some Latine verses of Seneca , which are at the end of this Dialogue , containing the Stoicks description of a King , without translating them into English. Now , true it is I have done so , not because I knew not how to interpret them ( for I hope , Candide Readers at least will not so judge of me ) but because I thought it not requisite to meddle with them , unless I could have put as specious a lustre upon them , as my pen would have pulled off them ( for otherwise I would have greatly injured them ) which could never be done without a sublime veine of Poesy , wherein I ingenuously profess ignorance : so that if the last challenge be thus understood , transeat , because Nec fonte labra prolui Cabalino , Nec in bicipiti somniasse Parnasso , Memini ut repente sic Poeta prodirem . And hence it is , that all the Latine verses , which occurre in this Dialogue , are by me translated into Prose , as the rest : But I fear I have wearied your patience too long already , and therefore I will go no further , I wish you satisfaction in the Book , and so Vive & Vale. A DIALOGUE Treating of the JUS , OR RIGHT , which the Kings of Scotland have for exercising their Royal Power . GEORGE BUCHANAN , Author . George Buchanan to King James , the Sixth of that name King of Scots , wisheth all health and happiness . I Wrote several years ago , when amongst us Affaires were very turbulent , a Dialogue of the Right of the Scots Kings , wherein I endeavoured to explain from the very beginning ( if I may so say ) what Right , or what Authority both Kings and People have one with another . Which book , when for that time it seemed somewhat profitable , as shutting the mouths of some , who more by importunat clamours at that time , than what was right , inveighed against the course of affaires , requiring they might be levelled according to the rule of right reason ; but matters being somewhat more peaceable , I also having laid down my armes , very willingly devoted my self to publick concord . Now having lately fallen upon that disputation , which I found amongst my papers , and perceiving therein many things which might be necessary for your age ( especially you being placed in that part of humane affaires ) I though good to publish it , that it might be a standing witness of mine affection towards you , and admonish you of your duty towards your Subjects . Now many things perswaded me that this my endeavour should not be in vain : especially your age not yet corrupted by prave opinions , and inclination far above your years for undertaking all heroicall and noble attempts , spontaneously making haste thereunto , and not only your promptitude in obeying your Instructors and Governours , but all such as give you sound admonition , and your judgment and diligence in examining affaires , so that no mans authority can have much weight with you , unless it be confirmed by probable reason . I do perceive also , that you by a certain natural instinct do so much abhorre flattery , which is the nurse of Tyranny , and a most grievous plague of a Kingdome , so as you do hate the Court solaecismes & barbarismes no less , than those that seeme to censure all elegancy , do love and affect such things , & every where in discouse spread abroad , as the sawce thereof , these titles of Majesty , Highness , and many other unsavoury compellations . Now albeit your good natural disposition , & sound instructions , wherein you have been principled , may at present draw you away from falling into this errour , yet I am forced to be some what jealous of you , lest bad company , the fawning foster-mother of all vices , draw aside your soft and tender mind into the worst part ; especially seeing I am not ignorant , how easily our other senses yeeld to seduction . This book therefore I have sent unto you to be not only your monitor , but also an importunat and bold Exactor , which in this your tender and flexible years may conduct you in safety from the rocks of flattery , and not only may admonish you , but also keep you in the way you are once entred into : and if at any time you deviat , it may reprehend and draw you back , the which if you obey , you shall for your self and for all your Subjects acquire tranquillity and peace in this life , and eternal glory in the life to come . Farewell , From Stirveling , the tenth day of January in the year of mans salvation one thousand five hundred seventy nine . A DIALOGUE Concerning that JUS , or RIGHT of Government amongst the SCOTS . Persons , GEORGE BVCHANAN , And THOMAS MAITLAND . THomas Maitland beeing of late returned home from France , and I seriously enquiring of him the state of affaires there , began ( for the love I bear to him ) to exhort him to continue in that course he had taken to honour , and to entertain that excellent hope in the progress of his studies . For if I , being but of an ordinary spirit , and almost of no fortune , in an illiterat age , have so wrestled with the iniquity of the times , as that I seeme to have done somewhat : then certainly they who are born in a more happy age , & who have maturity of years , wealth and pregnancy of spirit , ought not to be deterred by paines from noble designes , nor can such despair beeing assisted by so many helps . They should therefore go on with vigour to illustrat learning , and to commend themselves and those of their nation to the memory of after ages , & posterity , yea if they would but bestirre themselves herein somewhat actively , it might come to pass , that they would eradicat out of mens minds that opinion , that men in the cold regions of the world , are at as great distance from learning , humanity , & all endowments of the mind , as they are distant from the Sun. For as Nature hath granted to the Affricans , Egyptians , and many other Nations more subtile motions of the mind , and a greater sharpness of wit , yet she hath not altogether so far cast off any nation , as to shut up from it an entry to vertue and honour . Hereupon , whilst he did speak meanly of himself ( which is his modesty ) but of me more affectionatly than truely : at last the tract of discourse drew us on so far , that when he had asked me concerning the troubled state of our countrey , and I had answered him as far as I judged convenient for that time ; I began by course to ask him , what was the opinion of the Frenches or other Nations with whom he had conversed in France , concerning our affaires ? For I did not question , but that the novelty of affaires ( as is usual ) would give occasion and matter of discourse thereof to all ▪ Why ( saith he ) do you desire that of me ? For seeing you are wel acquaint with the course of affaires , and is not ignorant what the most part of men do speak , and what they think , you may easily guess in your own conscience , what is , or at least should be the opinion of all . B : but , the further that forrain Nations are at a distance , they have the less causes of wrath , hatred , love and other perturbations , which may divert the mind from truth , and for the most part they so much the more judge of things sincerely , and freely speak out what they think : that very freedome of speaking and conferring the thoughts of the heart doth draw forth many obscure things , discovers intricacies , confirme doubts and may stop the mouth of wicked men , and teach such as are weak . M : Shall I be ingenuous with you ? B : why not ? M : Although I had a great desire after so long a time , to visite my native Country , Parents , Relations , and friends , yet nothing did so much inflame my desire , as the clamour of a rude multitude : For albeit I thought my selfe well enough fortified either by my own constant Practice , or the morall precepts of the most learned , yet when I came to fall upon the present case , I know not how I could conceale my pusillanimity . For when that horrid villany not long since here perpetrat , all with one voice did abominat it , the Author hereof not being known ; the multitude , which is more acted by precipitancy , than ruled by deliberation , did charge the fault of some few upon all ; and the common hatred of a particular crime did redound to the whole Nation , so that even such as were most remote from any suspicion were inflamed with the infamy of other mens crime . When therefore this storme of calumny was calmed , I betook my self very willingly into this port , wherein notwithstanding I am afraid , I may dash upon a rock . B. Why , I pray you ? M. Because the atrociousness of that late crime doth seeme so much to inflame the minds of all already exasperat , that now no place of Apology is left . For , how shall I be able to sustain the impetuous assaults , not only of the weaker sort , but also of those who seeme to be more sagacious , who will exclaime against us , that we were content with the slaughter of an harmeless youth , an unheard of cruelty , unless we should shew another new example of atrocious cruelty against women , which sexe very enemies do spare when cities are taken in by force . Now from what villany will any dignity or Majesty deterre those , who thus rage against Kings ? or what place for mercy will they leave , whom neither the weakness of sexe , nor innocency of age will restrain ? Equity , Custome , Lawes , the Respect to Soveraignty , Reverence of Lawful Magistracy , which hence forth they will either retain for shame , or coërce for fear , when the power of supreame authority is exposed to the ludibry of the basest of the people , the difference of equity and iniquity , of honesty and dishonesty being once taken away , almost by a publick consent , there is a degeneracy into cruel barbarity . I know I shall hear these , and more atrocious than these spoken how soon I shall returne into France again ; all mens ears in the mean time being shut from admitting any Apology or satisfaction . B. But I shall easily liberat you of this fear , and our Nation from that false crime . For , if they do so much detest the atrociousness of the first crime , how can they rationally reprehend severity in revenging it ? or if they take it ill , that the Queen is taken order with , they must needs approve the first deed ; choose you then , which of the two would you have to seeme cruel . For neither they nor you can praise or reproach both , provided you understand your selves . M. I do indeed abhorre and detest the Kings murther , and am glad that the Nation is free of that guilt , and that it is charged upon the wickedness of some few . But this last fact I can neither allow nor disallow , for it seemes to me a famous and memorable deed , that by counsel and diligence they have searched out that villany , which since the memory of man is the most hainous , and do pursue the perpetrators in a hostile manner . But in that they have taken order with the chief Magistrat , and put contempt upon Soveraignty , which amongst all Nations hath been alwayes accounted great and sacred . I know not how all the Nations of Europe will relish it , especially such as live under Kingly Government ; surely the greatness and novelty of the fact doth put me to a demurre , albeit I am not ignorant what may be pretended on the contrary , and so much the rather , because some of the Actors are of my intimate acquaintance . B. Now I almost perceive , that it doth perhaps not trouble you so much , as those of forrain Nations , who would be judges of the vertues of others to whom you think satisfaction must be given . Of these I shall set down three sorts especially , who will vehemently enveigh against that deed . The first kind is most pernicious , wherein those are , who have mancipated themselves to the lusts of Tyrants , and think every thing just and lawfull for them to do , wherein they may gratify Kings , and measure every thing not as it is in it self , but by the lust of their Masters . Such have so devoted themselves to the lusts of others , that they have left to themselves no liberty either to speak o● do . Out of this Crew have proceeded those , who have most cruelly murthered that innocent Youth , without any cause of enmity , but through hope of gain , honour , and power at Court to satisfy the lust of others . Now whilst such feign to be sorry for the Queens case , they are not grieved for her misfortunes , but look for their own security , and take very ill to have the reward of their most hainous crime , ( which by hope they swallowed down ) to be pulled out of their throat . I judge therefore that this kind of men should not be satisfied so much by reasoning , as chastised by the severity of Lawes , and force of Armes . Others again are all for themselves ; these men , though otherwise not malicious , are not grieved for the publick calamity ( as they would seeme to be ) but for their own domestick damages , and therefore they seeme to stand in need rather of some comfort , than of the remedies of perswasive reasoning and Lawes . The rest is the rude multitude , which doth admire at all novelties , reprehend many things , and think nothing is right , but what they themselvs do or see done : For how much any thing done doth decline from an ancient custome , so farr they think it is fallen from justice and equity . And because these be not led by malice and envy , nor yet by self-interest , the most part will admitt information , and to be weaned from their errour , so that being convinced by the strength of reason , they yeeld : Which in the matter of Religion , we find by experience very often in these dayes , and have also found it in preceeding ages . There is almost no man so wilde , that can not be tamed , if he will but patiently hearken to instruction . M. Surely we have found oftentimes that very true . B. When you therefore deale with this kind of People so clamorous and very importunat , ask some of them , what they think concerning the punishment of Caligula , Nero or Domitian , I think there will be none of them so addicted to the name King , that will not confess , they were justly punished . M. Perhaps you say right , but these very same men will forthwith cry-out , that they complain not of the punishment of Tyrants , but are grieved at the sad calamities of lawfull Kings . B. Do you not then perceive how easily the People may be pacified ? M. Not indeed , unless you say some other thing . B. But I shall cause you understand it in few words , the People ( you say ) approve the murther of Tyrants , but compassionat the misfortune of Kings , would they not then change their opinion , if they clearly understood what the difference is betwixt a Tyrant and a King ? Do you not think that this might come to pass , as in many other cases ? M. If all would confess that Tyrants are justly killed , we might have a large entry made open to us for the rest , but I find some men , and these not of small authority , who while they make Kings liable to the penalties of the Lawes , yet they will maintain Tyrants to be sacred persons ; but certainly by a preposterous judgment , if I be not mistaken , yet they are ready to maintain their Government , albeit immoderat and intolerable , as if they were to fight for things both Sacred & Civil . B. I have also met with several Persons oftentimes , who maintain the same very pertinaciously ; but whether that opinion be right or not , we shall further discuss it hereafter at better conveniency . In the mean time , if you please , let us conclude upon this , upon condition , that unless hereafter it be not sufficiently confirmed unto you , you may have liberty to retract the same . M. On these termes indeed I will not refuse it . B. Let us then conclude these two to be contraries a King and a Tyrant . M. Be it so . B. He therefore that shall explain the Original and cause of Creating Kings , and what the duties of Kings are towards their people , and of people towards their Kings , will he not seeme to have almost explained on the other hand , what doth pertain to the nature of a Tyrant . M. I think so . B. The representation then of both being laid out , do you not think that the people will understand also , what their duty is towards both ? M. It is very like they will. B. Now Contrary wise , in things that are very unlike to one another , which yet are contained under the same genus , there may be some similitudes , which may easily induce imprudent persons into an errour . M. Doubtless , there may be such , and especially in the same kind , where that which is the worst of the two doth easily personat the best of both , and studies nothing more , than to impose the same upon such as are ignorant . Buc. Have you not some representation of a King and of a Tyrant impressed in your mind ? For if you have it , you will save me much pains . M. Indeed I could easily express what Idea I have of both in my mind , but I fear , it may be rude and without forme , therefore , I rather desire to hear what your opinion is , lest whilst you are a refuting me , our discourse become more prolixe , you being both in age and experience above me ; and are well acquaint not only with the opinions of others , but also have seen the customes of many , and their Cities . B. I shall then do it , and that very willingly , yet will I not unfold my own opinion so much , as that of the Ancients , that thereby a greater authority may be given to my discourse , as not being such as is made up with respect to this time , but taken out of the opinions of those , who not being concerned in the present controversy , have no less eloquently than briefly given their judgment , without hatred , favour , or envy , whose case was far from these things ; and their opinions I shall especially make use of , who have not frivolously trifled away their time , but by vertue and counsel have flourished both at home and abroad in well governed Common wealths . But before I produce these witnesses , I would ask you some few things , that seeing we are at accord in some things of no smal importance , there may be no necessity to digress from the purpose in hand , nor to stay in explaining or confirming things that are perspicuous and well known . M. I think we should do so , & if you please , ask me . B. Do you not think that the time hath been , when men did dwell in cottages , yea and in caves , and as strangers did wander to and fro without Lawes , or certain dwelling places , and did Assemble together as their fond humours did lead them , or as some comodity , and comon utility did allure them ? M. for sooth I beleeve that : seeing it is consonant to the course and order of nature , and is testified by all the histories of all Nations almost , for Homer doth describe the representation of such a wilde and barbarous kind of life in Sicily , even in the time of the Trojans . Their Courts ( saith he ) do neither abound with Counciles nor Judges , they dwell only in darksome caves , and every one of them in high mountains ruleth his own house , wife and Children , nor is any of them at leisure to communicat his domestick affaires to any other . About the same time also Italy is said to be no better civilized , as we may easily conjecture from the most fertile regions almost of the whole world , how great the solitude and wastness there was in places on this side of Italy . B. But whether do you think the vagrant and solitary life , or the associations of men civilly incorporat , most agreable to nature ? M. The last without all peradventure , which utility the mother almost of justice and equity did first convocat , and commanded to give signes or warnings by sound of trumpet and to defend themselves within walls , and to shut the gates with one key . B. But , do you think that utility was the first and main cause of the association of men ? M. Why not , seeing I have heard from the learned , that men are born for men . B. Uitility indeed to some seems to be very efficacious , both in begetting and conserving the publick society of mankind ; but if I mistake not , there is a far more venerable , or ancient cause of mens associating , and a more antecedaneous & sacred bond of their civil community , otherwise , if every one would have a regard to this own private advantage , then surely that very utility would rather dissolve than unite humane society together . M. Perhaps that may be true , therefore I desire to know what other cause you will assigne . B. A certain instinct of nature , not only in man , but also in the more tamed sort of beasts , that although these allurements of utility be not in them , yet do they of their own accord flock together with other beasts of their own kind , But of these others we have no ground of debate : Surely we see this instinct by nature so deeply rooted in man , that if any one had the affluence of all things , which contribute either for maintaining health , or pleasure and delight of the mind , yet he will think his life unpleasant without humane converse . Yea , they who out of a desire of knowledge , and an endeavour of investigating the truth , have with drawn themselves from the multitude , and retired to secret corners , could not long endure a perpetual vexation of mind , nor , if at any time they should remit the same , could they live in solitude , but very willingly did bring forth to light their very secret studies , and as they had laboured for the publick good , they did communicat to all the fruit of their ●abour . But if there be any man who doth wholly take delight in solitude , and flee from converse with men , and shun it . I judge it doth rather proceed from a distemper of the mind , than from any instinct of nature , such as we have heard of Tim●n the Athenian , and Bellerophon the Corinthian , who ( as the Poet saith ) was a wandering wretch on the Elean coast , eating his own heart , and fleeing the very footsteps of men . M. I do not in this much dissent from you , but there is one word nature here set down by you , which I do often use rather out of custom , than that I understand it , and is by others so variously taken , and accommodat to so many things , that for the most part I am at a stand to what I may mainly apply it . B. Forsooth at present I would have no other thing to be understood thereby , than that LIGHT infused by GOD into our Minds , for when God formed that Creature more Sacred , and capable of a Celestial Mind , and which might have dominion over the other creatures , he gave not only eyes to his Body , whereby he might evite things contrary to his condition , and follow after such as might be usefull , but also he produced in his Mind a certain LIGHT , whereby he might discerne things filthy from honest ; this Light some call Nature , others the Law of Nature , for my own part , truly I think it is of a Heavenly stamp , and I am fully perswaded ▪ that Nature doth never say one thing , and Wisdom another . Moreover , God h●th given us a● abridgment of that LAW , which might contain the whole in few words , viz. that We should love Him with all our Soul , and our Neighbours as our selves , all the books of Holy Scriptur which treat of ordering our conversation , do contain nothing else but an explication of this Law. M. You think then that no Orator or Lawyer , who might congregat dispersed men ▪ hath been the Author of humane society , but God only ? B. It is so indeed , and with Cicero , I think there is nothing done on earth more acceptable to the great God , who rules the World , than the associations of men legally united , which are called Civil Incorporations , whose several parts must be as compactly joyned together , as the several members of our Body , & every one must have their proper function , to the end there may be a mutual cooperating for the good of the Whole , & a mutual propelling of injuries , and a foreseeing of advantages , and these to be communicat for engaging the benevolence of all amongst themselves ▪ M. You do not then make utility , but that Divine Law rooted in us from the beginning , to be the cause ( indeed the far more worthy and Divine of the two ) of mens incorporating in Political Societies . B. I mean not indeed that to be the Mother of Equity and Justice , as some would have it , but rather the handmaid , and to be one of the Guards in Cities wel constitute . M. Herein I also agree with you . B. Now as in our Bodies consisting of contrary Elements , there are diseases , that is , perturbations , and some intestine tumults , even so there must be of necessity in these greater Bodies , that is in Cities , which also consist of various , ( yea and for the most part ) contrary humours , or sorts of men , and these of different ranks , conditions and natures , and which is more , of such as can not remain one hour together approving the same things : And surely such must needs soon dissolve and come to nought ; if one be not adhibited , who as a Physician may quiet such disturbances , and by a moderat and wholesome temperament confirme the infirme parts and compesce redundant humours , and so take care of all the members , that the weaker may not languish for want of nutrition , nor the stronger become luxuriant too much . M. Truely , it must needs be so . B. How then shall we call him who performeth these things in a Civil Body ? M. I am not very anxious about his name , for by what name soever he be called , I think he must be a very Excellent and Divine Person , wherein the wisdom of our Ancestors seemeth to have much foreseen , who have adorned the thing in it self most illustrious with an illustrious name . I suppose you mean King , of which word there is such an emphasis , that it holds forth before us clearly a function in it self very great and excellent . B. You are very right , for we designe GOD by that name . For we have no other more glorious name , whereby we may declare the excellency of his glorious nature , nor more suteable , whereby to signify his Paternal care and Providence towards us . What other names shall I collect , which we translate to denote the function of a King ? Such as Father Aeneas , Agamemnon , Pastor of the People , also a Leader , Prince , Governour . By all which names such a signification is implyed , as may shew that Kings are not ordained for themselves , but for the People . Now as for the name we agree wel enough : If you please , let us conferre concerning the function , insisting in the same footsteps we began upon . M. Which , I pray ? B. Do you remember what hath been lately spoken , that an Incorporation seemeth to be very like our body , Civil commotions like to diseases , and a King to a Physician ? If therefore we shall understand what the duty of a Physician is , I am of the opinion , we shall not much mistake the duty of a King. M. It may be so , for the rest you have reckoned are very like , and seem to me very near in kin . B. Do not expect that I will here describe every petty thing , for the time will not permit it , neither doth the matter in hand call for it : but if briefly these agree together , you shall easily comprehend the rest . M. Go on then , as you are doing . B. The scope seemeth to be the same to us both . M. Which ? B. The health of the body , for curing of which they are adhibited . M. I understand you , for the one ought to keep safe the humane body in its state , and the other the Civil body in its state , as far as the nature of each can bear , and to reduce into perfect health the body diseased . B. You understand very wel , for there is a twofold duty incumbent to both , the one is to preserve health , the other is to restore it , if it become weak by sickness . M. I assent to you . B. For the diseases of both are alike . M. It seemeth so . B. For the redundance of things hurtfull , and want or scarcity of things necessary are alike noxious to both , and both the one and other body is cured almost in the same manner , namely either by nourishing that which is extenuat and tenderly cherishing it , or by asswaging that which is full and redundant by casting out superfluities , and exercising the body with moderat labours . M. It is so , but here seems to be the difference , that the humours in the one , and manners in the other are to be reduced into a right temperament . B. You understand it wel , for the Body Politik as wel as the Natural hath its own proper temperament , which I think very rightly we may call Justice . For it is that which doth regard every member , and cureth it so as to be kept in its function . This sometimes is done by letting of blood , sometimes by the expelling of hurtfull things , as by egestion ; and sometimes exciting cast-down and timorous minds , and comforting the weak , and so reduceth the whole body into that temperament I spoke of : and being reduced , exerciseth it with convenient exercises , and by a certain prescribed temperature of Labour and rest , doth preserve the restored health as much as can be . M. All the rest I easily assent to , except that you place the temperament of the body Politik in Justice : seing temperance even by its very name and profession doth justly seem to claime these parts . B. I think it is no great matter on which of them you conferre this honour . For seing all vertues , whereof the strength is best perceived in action , are placed in a certain mediocrity and equability , so are they in some measure connected amongst themselves , and cohere , so as it seems to be but one office in all , that is , the moderation of lusts . Now in whatsoever kind this moderation is , it is no great matter how it be denominat : albeit that moderation , which is placed in publick matters , and mens mutual commerces , doth seem most fitly to be understood by the name of Justice . M. Herein I very willingly assent to you . B. In the creation of a King , I think the Ancients have followed this way , that if any among the Citizens were of any singular excellency , and seemed to exceed all others in equity and prudence , as is reported to be done in bee-hives , they willingly conferred the government or kingdom on him . M. It is credible to have been so . B. But what if none such as we have spoken of , should be found in the City ? M. By that law of Nature , whereof we formerly made mention , equals neither can ; nor ought to usurpe dominion : for by nature I think it just , that amongst these that are equal in all other things , their course of ruling and obeying should be alike . B. What if a People , wearied with yearly ambition be willing to elect some certain Person not altogether endowed with all Royal Vertues , but either famous by his Noble descent , or warlike valour ? will you not think that he is a lawfull King ? M. Most lawfull , for the People have power to conferre the Government on whom they please . B. What if we shall admitt some acute man , yet not endowed with notable skill , for curing diseases ? shall we presently account him a Physician , as soon as he is chosen by all ? M. Not at all ▪ for by learning and the experience of many arts , and not by suffrages is a man made a Physician . B. What maketh Artists in other Arts ? M. I think there is one reason of all . B. Do you think there is any Art of Reigning or not ? M. Why not . B. Can you give me a reason why you think so ? M. I think I can , namely that same which is usually given in other Arts. B. What is that ? M. Because the beginnings of all Arts proceed from experience . For whilst many did rashly and without any reason undertake to treat of many things , and others again through exercitation and consuetude did the same more sagaciously , noticing the events on both hands , and perpending the causes thereof , some acute men have digested a certain order of Precepts , and called that Description an Art. B. Then by the like animadversion may not some Art of Reigning be described , as wel as the Art of Physick ? M. I think there may . B. Of what Precepts shall it consist ? M. I do not know at present . B. What if we shall find it out by comparing it with other Arts ? M. What way ? B. This way : there be some Precepts of Grammar , of Physick , and Husbandry . M. I understand . B. Shall we not call these Precepts of Grammarians and Physicians Arts and Lawes also , and so of others ? M. It seems indeed so . B. Do not the Civil Lawes seem to be certain Precepts of Royal Art ? M. They seem so . B. He must therefore be acquaint therewith , who would be accounted a King. M. It seemes so . B. What if he have no skill therein ? Albeit the People shall command him to reigne , think you that he should be called a King ? M. You cause me here hesitate : For if I would consent with the former discourse , the suffrages of the People can no more make him a King , than any other Artist . B. What think you shall then be done ? for unless we have a King chosen by suffrages , I am afraid we shall have no lawfull King at all . M. And I fear also the same . B. Will you then be content that we more accuratly examine what we have last set down in comparing Arts one with another ? M. Be it so , if it so please you . B. Have we not called the Precepts of Artists in their several Arts , Lawes ? M. We have done so . B. But I fear we have not done it circumspectly enough . M. Why ? B. Because he would seem absurd who had skill in any Art , and yet not to be an Artist . M. It were so : B. But he that doth performe what belongs to an Art , we will account him an Artist , whether he do it naturally , or by some perpetual and constant tenour and faculty . M. I think so . B. We shall then call him an Artist , who knowes wel this rational and prudent way of doing any thing wel , providing he hath acquired that faculty by constant practice . M. Much better than him who hath the bare Precepts without use and exercitation . B. Shall we not then account these Precepts to be Art ? M. Not at all , but a certain similitude thereof , or rather a shaddow of Art. B. What is then that Governing Faculty of Cities , which we shall call Civil Art or Science ? M. It seemes you would call it Prudence : out of which , as from a fountain or spring , all Lawes , provided they be usefull for the preservation of humane society , must proceed and be derived . B. You have hit the nail on the head , if this then were compleat and perfect in any person , we might say he were a King by nature , and not by suffrages , and might resigne over to him a free Power over all things : but if we find not such a man , we shall also call him a King , who doth come nearest to that eminent excellency of Nature , embracing in him a certain similitude of a true King. M. Let us call him so , if you please . B. And because we fear he be not firme enough against inordinat affections , which may , and for the most part use to decline men from truth , we shall adjoyn to him the Law , as it were a Colleague , or rather a bridler of his lusts . M. You do not then think that a King should have an arbitrary Power over all things . B. Not at all : for I remember , that he is not only a King , but also a man , erring in many things by ignorance , often failing willingly , doing many things by constraint : yea a creature easily changeable at the blast of every favour or frown , which natural vice a Magistrat useth also to increase : so that here I chiefly find that of the Comedy made true , All by licence become worse . Wherefore the most prudent have thought it expedient to adjoyne to him a Law , which may either shew him the way , if he be ignorant , or bring him back again into the way , if he wander out of it : by these , I suppose , you understand , as in a representation , what I judge to be the duty of a true King. M. Of the cause of creating Kings , of their name and duty you have fully satisfied me . Yet I shall not repine , if you please to add ought thereto : Albeit my mind doth hasten to hear what yet seemes to remain , yet there is one thing which in all your discourse did not a little offend me , which I think should not be past over in silence , viz. that you seem somewhat injurious to Kings , and this very thing I did suspect in you frequently before , whilst I often heard you so profusely commend the ancient Common-Wealths , and the City of Venice . B. You did not rightly herein judge of me . For I do not so much look to the different forme of Civil Government ( such as was amongst the Romans , Massilians , Venetians and others , amongst whom the authority of Lawes were more powerfull , than that of men ) as to the equity of the forme of Government ; nor do I think it matters much , whether King , Duke , Emperour , or Consul be the name of him who is the Chiefest in Authority , provided this be granted , that he is placed in the Magistracy for the maintenance of equity , for if the Government be lawfull , we must not contend for the name thereof . For he whom we call the Duke of Venice is nothing else but a lawfull King : and the first Consuls did not only retain the honours of Kings , but also their empire and authority , this only was the difference , that not one , but two of them did reigne ( which also you know was usual in all the Lacedemonian Kings , ) who were created or chosen not constantly to continue in the government , but for one year . We must therefore alwayes stand to what we spoke at first , that Kings at first were institute for maintaining equity . If they could have holden that soveraignty in the case they had received it , they might have holden and kept it perpetually ; but this is free and loosed by Lawes . But ( as it is with humane things ) the state of affaires tending to worse , the Soveraigne Authority which was ordained for publick utility degenerated into a proud Domination . For when the lust of Kings stood in stead of Lawes , and men being vested with an infinite and immoderate power , did not contain themselves within bounds , but connived at many things out of favour , hatred , or self-interest , the insolency of Kings made Lawes to be desired . For this cause therefore Lawes were made by the People , and Kings constrained to make use not of their own licentious wills in judgment , but of that Right or Priviledge which the people had conferred upon them . For they were taught by many experiences , that it was better , that their liberty should be concredited to Lawes than to Kings , whereas the one might decline many wayes from the Truth , but the other being deafe both to intreaties and threats might still keep one and the same tenor . This one way of Government is to Kings prescribed , otherwise free , that they should conforme their actions and speech to the Prescripts of Lawes , and by the sanctions thereof divide rewards and punishments , the greatest bonds of holding fast together humane society . And lastly , even as saith that famous Legislator , A King should be a speaking Law , and the Law a dumb King. M. At first you so highly praised Kings , that you made their Majesty almost glorious and sacred , but now , as if you had repented in so doing , I do not know within what strait bonds you shut them up , and being thrust into the prison ( I may say ) of Lawes , you do scarce give them leave to speak . And as for my part , you have disappoynted me of my exspectation very farre . For I exspected , that ( according to the most famous Historians ) you should have restored the thing which is the most glorious both with God and man , into its own splendor , either of your own accord , or at my desire , in the series of your discourse , which being spoiled of all ornaments , you have brought it into subjection , and that Authority , which through all the world is the chiefest , you having hedged-in round about and made it almost so contemptible , as not to be desired by any man in his right witts . For what man in his right witts would not rather live as a private man with a mean fortune , than being still in action about other mens affaires , to be in perpetual trouble , and neglecting his own affaires , to order the whole course of his life according to other mens rules ? But if that be the tearmes of Government every where proposed , I fear there will be a greater scarcity of Kings found than was of Bishops in the first infancy of our Religion . Nor do I much wonder , if Kings be regarded according to this plate-forme , being but men taken from feeding cattel , and from the plough , who took upon them that glorious dignity . B. Consider I pray you , in how great an errour you are , who does think that Kings were created by People and Nations not for Justice , but for pleasure , and does think there can be no honour , where wealth and pleasures abound not ; wherein consider how much you diminish their grandour . Now that you may the more easily understand it ; compare any one King of those you have seen apparelled like a Childs puppet brought forth with a great deale of pride and a great many attendants , meerly for vain ostentation , the representation whereof you miss in that King whom we describe . Compare , I say , some one of those , who were famous of old , whose memory doth even yet live , flourisheth & is renowned to all posterity . Indeed they were such as I have now been describing . Have you never heard what an old woman , petitioning Philip King of Macedon to hear her cause , answered him , he having said to her , he had no leisure , to which she replyed , then cease ( said she ) to be King ? Have you never heard , ( I say ) that a king victorious in so many batells , and Conqueror of so many nations , admonished to do his duty by a poor old wife , obeyed , & acknowledged that it was the duty of kings so to do ? Compare then this Philip not only with the greatest Kings that are now in Europe , but also with all that can be remembred of old , you shall surely find none of them comparable to those either for prudence , fortitude , or activity : few equal to them for largeness of dominions . If I should enumerat Agesilaus , Leonidas and the rest of the Lacedemonian Kings ( O how great Men were they ) I shal seem to utter but obsolete examples . Yet one saying of a Lacedemonian maid I cannot pass over with silence , her name was Gorgo the daughter of Cleomedes , she seeing a servant pulling off the stockings of an Asian Ghuest , and running to her father cryed out , father , the Ghuest hath no hands ; from which speech of that maid you may easily judge of the Lacedemonian discipline , and domestick custome of their Kings . Now those who proceded out of this rustick , but couragous way of life , did very great things : but those who were bred in the Asiatick way , lost by their luxury and sloth the great dominions given them by their Ancestors . And , that I may lay aside the Ancients , Such a one was Pelagius not long ago among the people of Galicia , who was the first that weakned the Saracen forces in Spain , yet him and all his the grave did inclose , yet of him the Spanish Kings are not ashamed , accounting it their greatest glory to be descended of him . But seeing this place doth call for a more large discourse , let us returne from whence we have digressed . For I desire to shew you with the first what I promised , namely that this forme of government hath not been contrived by me , but seemes to have been the same to the most famous men in all ages , and I shall briefly shew you the spring from whence I have drawn these things . The books of M : Tullius Cicero which are intituled of Offices , are by common consent of all accounted most praise worthy , in the second book thereof these words are set down verbatim . It seemes as Horodotus saith that of old well bred Kings were created , not amongst the Medes only , but also amongst our Ancestors for executing of justice , for whilst at first the people were oppressed by those that had greatest wealth , they betook themselves to some one who was eminent for vertue ▪ who whilst he kept off the weakest from injuries , establishing equity , he hemmed in the highest with the lowest by equall lawes to both . And the reason of making lawes was the same as of the Creation of Kings , for it is requisite that justice be alwayes equall , for otherwise it were not justice . If this they did obtain from one good and just man , they were therewith well pleased : when that did not occurre , lawes were made , which by one and the same voice might speak to all alike . This then indeed is evident , that those were usually chosen to governe , of whose justice the people had a great opinion . Now this was added , that these Rulers or Kings might be accounted prudent , there was nothing that men thought they could not obtain from such Rulers . I think , you see from these words , what Cicero judgeth to be the reason of requiring both Kings and lawes , I might here commend Zenophon a witness requiring the same , no less famous in war-like affairs , than in the study of Philosophy , but that I know you are so well acquaint with his writings , as that you have all his sentences marked . I pass at present Plato and Aristotle , albeit I am not ignorant how much you have them in estimation . For I had rather adduce for confirmation men famous in a midle degree of affaires , than out of Schools . Far less do I think fit to produce a Stoick King , such as by Seneca in Thyestes is described : Not so much because that idea of a King is not perfect , as because that examples of a good Prince may be rather impressed in the mind , than at any time hoped for . But lest in those I have produced there might be any ground of calumny , I have not set before you Kings out of the Schythian solitude , who did either ungird their own horses , or did other servile work , which might be very far from our manner of living ; but even out of Greece , and such , who in these very times , wherein the Grecians did most flourish in all liberall sciences , did rule the greatest nations , or wel governed Cities : and did so rule , that whilst they were alive were in very great esteeme amongst their people , and being dead left to posterity a famous memory of them selves . M. If now you ask me what my judgment is , I scarce dare confess to you either mine inconstancy or timidity , or by what other name it shall please you to call that vice . For as often as I read these things you have now recited in the most famous Historians , or hear the same commended by very wise men , whose authority I dare not decline : and that they are approved by all good and honest men to be not only true , equitable & sincere , but also seeme strong and splendid Again as oft as I cast mine eyes on the neatness and elegancy of our times , that antiquity seemeth to have been venerable and sober , but yet rude , and not sufficiently polished , but of these things we may perhaps speak of hereafter at more leisure . Now if it please you , go on to prosecute what you have begun . B. May it please you then that we recollect briefly what hath been said ? so shall we understand best what is past , and if ought be rashly granted , we shall very soon retract it . M. Yes indeed B : First of all then we agree , that men by nature are made to live in society together , and for a communion of life . M. that is agreed upon . B : That a King also chosen to maintain that society is a man eminent in vertue : M : it is so . B : And as the discords of men amongst themselves brought in the necessity of creating a King , so the injuries of Kings done against their Subjects were the cause of desiring lawes . M : I acknowledge that . B : we held lawes to be a proofe of the Art of government , even as the preceps of Physick are of the medicinal Art. M : it is so , B. But it seems to be more safe ( because in neither of the two have we set down any singular and exact skill of their severall arts ) that both do , as speedily as may be , heal by these prescripts of Art. M : It is indeed safest . B : Now the precepts of the Medicinal Art are not of one kind . M : How ? B : For some of them are for preservation of health , others for restauration thereof . M. Very right . B. What say you of the governing Art ? M : I think , there be as many kinds . B : Next then it seems , that we consider it . Do yo think , that Physicians can so exactly have skill of all diseases , and of their remedies , as nothing more can be required for their cure ? M : Not at all , for many new kinds of diseases arise almost in every age , and new remedies for each of them , almost every yeer are by mens industry found out , or brought from far countries . B : what think you of the lawes of Commonwealths M : Surely their case seemes to be the same . B : Therefore neither Physicians , nor Kings can evite or Cure all diseases of Commonwealths , by the precepts of their Arts , which are delivered to them in writ . M : I think indeed they cannot . B : what if we shall further try of what things lawes may be established in Commonwealths , and what cannot be comprehended within lawes . M : That will be worth our pains . B : There seems to be very many and weighty things , which cannot be contained within lawes . First , all such things as fall into the deliberation of the time to come . M : All indeed . B : next , many things already past , such are these wherein truth is sought by conjecturs , confirmed by witnesses , or extorted by torments . M : Yes indeed . B : In unfolding then these questions what shal the King do ? M : I see here there is no need of a long discourse , seeing Kings do not so arrogat the supream Power in those things which are institute with respect to the time to come , that of their own accord they call to councill some of the most prudent . B : What say you of those things which by conjectures are found out , and made out by witnesses , such as are the crimes of murther , adultery and witchcraft ; M : These are examined by the skill of Lawyers , Discovered by diligence , and these I find to be for the most part left to the judgment of Judges . B : And perhaps very right ; for if a King would needs be at the private causes of each Subject , when shal he have time to think upon peace & war , and those affaires which maintain and preserve the safety of the commonwealth ? And lastly when shall he get leave to rest ? M : neither would I have the cognition of every thing to be brought unto a King , neither can one man be sufficient for all the causes of all men , if they be brought unto him : that counsel no less wise than necessary doth please me exceeding well , which the father in law of Moses gave him in dividing amongst many the burden of hearing causes , whereof I shall not speak much , seeing the history is known to all . B : But I think , these judges must judge according to law . M : They must indeed do so . But as I conceive , there be but few things , which by lawes may be provided against , in respect of those which cannot be provided against . B : There is another thing of no less difficulty , because all these things which call for lawes , cannot be comprehended by certain prescriptions . M : How so ? B : Lawyers , who attribute very much to their own Art , and who would be accounted the Priests of justice , do confess that there is so great a multitude of affaires , that it may seeme almost infinit , and say that daily arise new crimes in Cities , as it were severall kinds of ulcers , what shall a lawgiver do herein , who doth accommodat lawes both to things present and preterit ? M : Not much , unless he be some divine-like person . B : An other difficulty doth also occurre , and that not a small one , that in so great an Inconstancy of humane frailty , no Art can alnost prescribe any things altogether stable and firme . M : There is nothing more true than that . B : It seemeth then most safe to trust a skilfull physician in the health of the patient , and also the Kings in the state of the Common wealth . For a Physician without the rule of Art will often times cure a weak patient either consenting thereto , or against his will : and a king doth either perswade a new law yet usefull to his subjects , or else may impose it against their will. M : I do not see what may hinder him therein . B : Now seeing both the one and the other do these things , do you think that besides the law , either of them makes his own law ? M : It seemes that both doth it by Art. For we have before concluded not that to be Art which consists of preceps , but vertue contained in the mind , which the Artist usually makes use of in handling the matter which is subject to Arts. Now I am glad ( seeing you speak ingenuously ) that you being constrained , as it were , by an interdiction of the very truth , do so far restore the King from whence he was by force dejected . B : Stay , you have not yet heard all . There is an other inconvenient in the authority of lawes . For the law being as it were a pertinacious , and a certain rude exactor of duty , ●hinks nothing right , but what it self doth ●ommand . But with a King , there is an ●xcuse of infirmity and temerity , and place ●f pardon left for one found in an errour . The law is deaf , cruel and inexorable . ● young man Pleads the frailty of his years , ● woman the infirmity of her sexe , another ●is poverty , drunkenness , affection . What ●aith the law to these excuses ? Go Officer or ●erjeant , conveene a band of men , hoodwink him , scourge him , hang him on a tree . Now you know how dangerous a think it is , 〈◊〉 so great a humane frailty , to have the hope ●f safety placed in innocency alone . M : In ●ery truth you tell me a thing full of hazard . ●● Surely as oft as these things come into ●ind , I perceive some not a little troubled . M : You speak true . B : When therefore I ●onder with my self what is before past as ●anted , I am afraid lest the comparison of ● Physician and of a King in this case seeme ●ot pertinently enough introduced . M : In what case ? B : when we have liberat both ●f the servitude of preceps , and given them ● most a free liberty of curing . M : What ●oth herein especially offend you ? B : When ●ou hear it , you will then judge , Two ●uses are by us set down , why it is not expe●ient for a people that Kings be loosed from 〈◊〉 bonds of lawes , namely love and hatred , ●hich drive the minds of men to and fro in judging . But in a Physician it is not to be feared , lest he faile through love , seeing he expecteth a reward from his patient being restored to health . But if a patient understand that his Physician is solicited by intreaties , promises and money against his life , he may call another Physician , or if he can find none other , I think it is more safe to seek some remedy from books how deaf soever , than from a corrupt Physician . Now because we have complained of the cruelty of lawes , look if we understand one another sufficiently . M : How so ? B : We judged an excellent King , such as we may more see in mind than with bodily eyes , not to be bound by any lawes . M : By none . B : Wherefore ? M : I think , because , according to Paul , he should be a law to himself and to others , that he may express in life what is by law enjoyned . B : You judge rightly ; and that you may perhapst the more admire , severall ages before Paul , Aristotle did see the same , following nature as a leader , which therefore I say , that you may see the more clearly what hath been proved before , to wit , that the voice of God and nature is the same . But that we may prosecute our purpose . What shall we say they had a respect unto , who first made lawes ? M : Equity I think , as hath been said before . B. I do not now demand that , what end they had before them , but rather what patterne they proposed to temselves ▪ M : Albeit perhaps I understand that , yet I would have you to explain it , that you may ●onfirme my judgment , if I rightly take it 〈◊〉 , if not , you may amend my error . B : You know , I think , what the dominion is ●f the mind over the body . M : I seem to ●now it . B : You know this also , what ●ver we do not rashly , that there is a certain ●dea thereof first in our minds , and that it is ● great deale more perfect than the works to ●e done , which according to that patterne the ●hiefest Artists do frame and as it were ●xpress . M : That indeed I find by experi●nce both in speaking and writing , and per●eive no less words in my mind , than my ●inds in things wanting . For neither can ●ur mind shut up in this dark and troubled ●rison of the body perceive the subtilty of all ●hings ▪ nor can we so endure in our mind the ●epresentations of things , however foreseen in ●iscourse with others , so as they are not ●uch inferiour to these which our intellect ●ath formed to it self . B : What shall we say ●hen which they set before them , who made ●●wes ? M : I seem almost to understand what you would be at . Namly , that they in ●ouncill had an Idea of that perfect King , and ●hat they did express a certain Image , not of ●he body but of the mind , according to that ●●resaid Idea as near as they could . And would have that to be in stead of lawes which 〈◊〉 is to think might be good and equitable M : You rightly understand it , For that is the very thing I would say . But now I would have you to consider what manner of King that is which we have constitute at first , was he not one firme and stedfast against hatred , love , wrath , envy , and other perturbations of the mind ? M : We did indeed imagine him to be such a one : or beleeved him to have been such to those Ancients . B : But do lawes seeme to have been made according to the idea of him ? M : Nothing more likely . B : A good King then is no less severe and inexorable , than a good law . M : He is even as severe : but since I can change neither , or ought to desire it , yet I would slaken both somewhat , if I can . B : But God desires not that mercy be shewed even to the poor in judgment , but commandeth us to respect that one thing which is just and equal , and to pronounce sentence accordingly . M : I do acknowledge that , and by truth am overcome . Seing therefore it is not lawfull to loose Kings from the bonds of lawes , who shal then be the lawgiver ? Whom shall we give him as a Pedagogue ? B : Whom do you think fittest to performe this duty ? M : If you ask at me , I think the King himself . For in all other Arts almost we see their precepts are given by the Artists ; whereof they make use , as it were of comments , for confirming their memory , and putting others in mind of their duty . B : On the contrary I see no difference : let us grant that a King is at liberty and solved from the lawes , shall wee grant him the power to comand lawes ? For no man will willingly lay bonds and fetters upon himself . And I know not whether it be better to leave a man without bonds , or to fetter him with slight bonds , because he may rid himself thereof when he pleases . M : But when you concredit the helme of government rather to lawes than to Kings , beware I pray you , lest you make him a Tyrant , whom by name you make a King , who with authority doth oppress and with fetters and imprisonment doth bind , and so let him be sent back to the plough again , or to his former condition yet free of fetters . B : Brave words : I impose no lord over him , but I would have it in the peoples power , who gave him the authority over themselves , to prescribe to him a modell of his government , and that the King may make use of that justice , which the people gave him over themselves . This I crave . I would not have these lawes to be by force imposed , as you interpret it , but I think that by a common council with the King , that should be generally established , which may generally tend to the good of all . M : You will then grant this liberty to the people ? B : Even to the people indeed , unless perhaps you be of another mind . M : Nothing seemes less equitable . B : Why so ; M : You know that saying , A beast with many heads . You know , I suppose , how great the temerity and inconstancy of a people is . B : I did never imagine that that matter ought to be granted to the judgment of the whole people in general , but that near to our custome a select number out of all estates may conveen with the King in council . And then how soon an overturne by them is made , that it be deferred to the peoples judgment . M : I understand well enough your advice . But by this so carefull a caution you seem to help your self nothing . You will not have a King loosed from lawes , why ? Because , I think , within man two most cruell monsters lust and wrath are in a continuall conflict with reason . Lawes have been greatly desired , which might repress their boldness , and reduce them too much insulting , to regard a just government . What will these Counsellours given by the people do ? Are they not troubled by that same intestine conflict ? Do they not conflict with the same evils as well as the King ? The more then you adjoyn to the King as Assessors there will be the greater number of fools , from which you see what is to be expected . B : But I expect a far other thing than you suppose . Now I shall tell you why I do expect it . First , it is not altogether true what you suppose , viz. That the assembling together of a multitude is to no purpose , of which number there will perhaps be none of a profound wit : for not only do many see more and understand more than one of them apart , but also more than one , albeit he exceed their wit and prudence . For a multitude for the most part doth better judge of all things , than single persons apart . For every one apart have some particular vertues , which being united together make up one excellent vertue , which may be evidently seen in Physicians pharmacies , and especially in that antidot , which they call Mithredat . For therein are many things of themselves hurtfull apart , which being compounded and mingled together make a wholesome remedy against poyson . In like manner in some men slowness and lingering doth hurt , in others a precipitant temerity , both which being mingled together in a multitude make a certain temperament and mediocrity , which we require to be in every kind of vertue . M : Be it so , seeing you will have it so , let the people make lawes and execute them ; and let Kings be as it were keepers of Registers . But when lawes seeme to clash , or are not exact and perspicuous enough in sanctions , will you allow the King no interest ormedling here , especially since you will have him to judge all things by written lawes , there must needs ensue many absurdities . And , that I may make use of a very common example of that law commended in the Schooles , If a Stranger scale a wall , let him die , What can be more absurd than this , that the Author of a publick safety ( who have thrust down the enemies pressing hard to be up ) should be drawn to punishment , as if he had in hostility attempted to scall the walls . B : That is nothing . M : You approve then that old saying , the highest justice is the highest injury . B. I do indeed . If any thing of this kind come into debate , there is need of a meek interpreter , who may not suffer the lawes which are made for the good of all to be calamitous to good men , and deprehended in no crime . B. You are very right , neither is there any thing else by me fought in all this dispute , ( if you have sufficiently noticed it ) than that Ciceronian Law might be venerable and inviolable Salus populi suprema Lex esto . If then any such thing shall come into debate , so that it be clear what is good & just , the kings duty will be to advert that the Law may reach that rule I spoke of , but you in behalf of Kings seems to require more , than the most imperious of them assume . For you know that this kind of questions is usually deferred to judges , when Law seemeth to require one thing , and the Lawgiver another : even as these lawes which arise from an ambiguous right or from the discord of Lawes amongst themselves . Therefore in such cases most grievous contentions of Advocats arise in Judicatories , and Orators preceps are diligently produced . M. I know that to be done which you say . But in this case no less wrong seemes to be done to Lawes than to Kings . For I think it better to end that debate presently from the saying of one good man , than to grant the power of darkning rather than interpreting Lawes to subtile men , and sometimes to crafty Knaves ; for whilst not only contention ariseth betwixt Advocat for the causes of parties contending , but also for glory , contests are nourished in the mean time , right or wrong , equity or iniquity is called in question : & what we deny to a King , we grant to men of inferiour rank , who study more to debate than to find out the truth . B. You seeme to me forgetfull of what we lately agreed upon . M. What is that ? B. That all things are to be so freely granted to an excellent King , as we have described him , that there might be no need of any Lawes . But whilst this honour is conferred to one of the people , who is not much more excellent than others , or even inferiour to some , that free and loose licence from lawes is dangerous . M. But what ill doth that to the interpretation of law . B. Very much . Perhaps you do not consider , that in other words we restore to him that infinit and immoderat power , which formerly we denyed to a King , namely that according to his own hearts lust he may turn all things upside down . M. If I do that , then certainly I do it imprudently . B. I shall tell you more plainly , that you may understand it· When you grant the interpretation of Lawes to a King , you grant him such a licence , as the Law doth not tell what the Lawgiver meaneth , or what is good and equall for all in generall , but what may make for the Interpreters benefit , so that he may bend it to all actions for his own benefit or advantage , as the Lesbian rule . Ap. Claudius in his Decemviratus , made a very just law , that in a liberall cause or Plea , sureties should be granted for liberty . What more clearly could have been spoken . But by interpreting the same Author made his own Law useless . You see ; I suppose how much liberty you give a Prince by one cast , namely that what he pleaseth the Law doth say , what pleaseth him not , it doth not say . If we shall once admit this , it will be to no purpose to make good Lawes for teaching a good prince his duty ; and hemme in an ill King. Yea , let me tell you more plainly , it would be better to have no Lawes at all , than that freedom to steal should be tolerat , and also honoured under pretext of Law. M. Do you think that any King will be so impudent , that he will not at all have any regard of the fame and opinion that all men have of him ? Or that he will be so forgetfull of his Subjects , that he will degenerat into their Pravity , whom he hath restrained by ignominy , imprisonment , confiscation of goods , & in a word with very grievous punishments ? B. Let us not believe that these things will be , if they had not been done not long ago & that to the exceeding great hurt of the whole world . M. Where do you tell these things were done ? B ▪ Do you ask , where ? As if all the Nations in Europe did not only see , but feele also how much mischief hath the immoderat power , and unbridled Tyranny of the pope of Rome brought upon humane affaires . Even that power which from small beginning & seemingly honest he had got , every man doth know that no less can be feared by unwary persons . At first , Lawes were proposed to us , not only drawn out of the innermost secrets of nature , but given by God himself , explaind by the Prophets from the holy Spirit , at last by the Son of God , & by the same God confirmed , committed to the writings of those praise worthy men , expressed in their life , & sealed with their blood . Neither is there in the whole Law any other place more carefully , commendably , or more clearly delivered , than that of the Office of Bishops . Now seeing it is Lawfull to no man to add any thing to these Lawes , to abrogat or derogat ought therefrom , or to change any thing therein , there did remain but one interpretation , & whilst the Pope did arrogat it , he not only did oppress the rest of the Churches , but claimed a Tyrranny the most cruell of all that ever were , daring to command not only men but Angels also , plainly reducing Christ into order , if this be not to reduce him into order , that what thou wilt have done in heaven , in earth & amongst the damned in hell , be ratified : what Christ hath commanded , let it be ratified , if thou wilt ; for if the Law seeme to make but little for your behoofe , interpreting it thus you may back-bend it , so that not only by your mouth , but also according to the judgment of your mind Christ is constrained to speak . Christ therefore speaking by the mouth of the Pope , Pipin is set in Childericks place of government , Ferdinandus of Arragon substitute to John King of Navarre : the Son arose in armes against his father , and subjects against their King. Christ is full of poison , then he is forced by witches , so that he killeth Henry of Luxemburg by poison . M. I have heard these things often before , but I desire to hear more plainly somewhat of that interpretation of lawes , B. I shall offer you one example , from which you may easily understand , how much this whole kind is able to do . The Law is , A Bishop must be the husband of one wife , than which Law what is more clear , & what may be said more plain ? One wife , ( saith the Law ) one Church , ( saith the Pope ) such is his interpretation . As if that Law were made not to repress the Lust of Bishops but their avarice . Now this explanation , albeit it saith nothing to the purpose , yet doth contain a judgment honest and pious , if he had not vitiated that Law again by another interpretation . What doth therefore the Pope devise for excuse ? It varieth ( saith he ) in regard of persons , cases , places & times . Some are of that eminent disposition , that no number of Churches can satisfy their pride . Some Churches again are so poor , that they cannot maintain him who was lately a begging Monk , if he now have a mitre , if he would maintain the name of a Bishop . There is a reason invented from that crafty interpretation of the Law , that they may be called Bishops of one Church , or other Churches given them in Commendam , and all may be robbed . Time would faile me , if I should reckon up the cheats , which are daily excogitat against one Law. But albeit these things be most unbeseeming as well the name of a Pope , as of a Christian , yet their tyranny rests not here . For such is the nature of all things , that when they once begin to fall they never stay untill they fall headlongs into destruction . Will you have me to shew you this by a famous example ? Do you not remember upon any of the Roman Emperours blood who was more cruell and wicked than C. Caligula ? M. There was none that I know of . B. Now what was his most nefarious villany think you ? I do not speak of those deeds which Popes do reckon up in some reserved cases , but in the rest of his life . M. I do not at present remember . B. What do you think of that , that having called upon his horse , he invited him to sup with him ? Set a golden grain of barley before him , and made him Consul ? M. Indeed it was most impiously done B. What think you of that , how he made the same horse his colleague in the Priesthood ? M. Do you tell me that in good earnest ? B. Indeed in good earnest , nor do I admire that these things seeme to you feigned . But that Roman Jupiter of ours hath done such things , that those things done by Caligula may seem true to Posterity . I say Pope Julius the third , who seemes contended with C. Caligula a most wicked wretch for preheminence of impiety . M. What did he of that kind ? B. He made his Ape-keeper , a man almost more vile than the vilest beast , his Colleague in the Papary . M. Perhaps there was another cause of choosing him . B. Some are reported indeed , but I have picked out the most honest . Seeing then so great a contempt not only of the Priesthood , but also a forgetfulness of humanity arise from this freedome of interpreting Lawes , beware you think that to be a small Power . M. But the Ancients seeme not to have thought it so great a business of interpreting , as you would have it seeme to be . Which by this one argument may be understood , because the Roman Emperours granted it to Lawyers : which one reason doth overturne your whole tedious dispute , nor doth it only refute what you spoke of the greatness of that power , but that also which you most shun , it perspicuously declareth what power they granted to others of answering rightly , was not denyed to themselves , if they had been pleased to exerce that office , or could have done it by reason of greater affaires . B : As for those Roman Emperours , whom the Souldiers did choose indeliberatly , & without any regard to the common good of all , These fall not under this notion of Kings which we have described so that by those that were most wicked were they chosen who for the most part were most wicked , or else laid hold upon the Government by violence . Now I do not reprehend them for granting power to Lawyers to interpret the Law. And albeit that power be very great , as I have said before , it is notwithstanding more safely concredited to them to whom it cannot be an instrument of Tyranny . Moreover it was concredited to many whom mutuall reverence did hold within the bounds of duty , that if one decline from equity , he might be refuted by another . And if they should have all agreed together into fraud ; the help of the judge was above them , who was not obliged to hold for Law what ever was given by Lawyers for an answer . And over all was the Emperour , who might punish the breach of Lawes . They beeing astricted by so many bonds were hemmed in , and did fear a more grievous punishment , than any reward of fraud they could expect : you see , I suppose then that the danger to be feared from such kind of men was not so great . M. Have you no more to say of a King ? B. First , if you please , let us collect together , what is already spoken , so that the more easily we may understand , if any thing be omitted . M. I think we should do so . B. We seemed to be at accord sufficiently concerning the origine & cause of creating Kings , & making Lawes , but of the Lawgiver not so : but at last , though somewhat unwillingly I seeme to have consented , being enforced by the strength of truth . M. Certainly you have not only taken from a King the power of commanding Lawes , but also of interpreting them , even whilst I as an Advocat strongly protested against it . Wherein I am afraid , if the matter come to publick hearing , lest I be accused of prevarication , for having so easily suffered a good cause , as it seemed at first , to be wrung out of my hands . B. Be of good courage : for if any accuse you of prevarication in this case , I promise to be your defence . M. Perhaps we will find that shortly . B. There seems to be many kinds of affaires which can be comprehended within no Lawes , whereof we laid over a part on ordinary judges , & a part on the Kings councill by the Kings consent . M. I do remember we did so indeed . And when you was doing that , wot you what came into my mind ? B. How can I , unless you tell me ? M. Me thought you made Kings in a manner like stone seals , which for the most part so seeme to lean on the tops of pillars as if they did sustain the whole fabrick : whereas in effect they bear no more burden , than any other stone . B. What ? good Advocat of Kings , do you complain that I lay on them a little burden , seeing both day and night they do nothing else , than seek out others to bear burden with them , or upon whom they may altogether lay the burden , & so disburden themselves . And in the mean time you seeme to take it in ill part that I afford them help labouring under their burden . M. I also very willingly admit these auxiliaries , but such would I have as may serve , but not command , such as may shew the way , but not Lead in the way , or more truly draw , or rush them forward as some warlike engine , and leave a King no other power but to assent to them . Therefore I presently expect that having ended our discourse concerning a King , you would step aside to speak of Tyrants , or some where else . For you have inclosed a King within so narrow bounds , that I am afraid , lest , if we tarry longer therein , you drive him out of his greatest wealth , & highest dignity , & banish him as it were into some desert Island , where , being spoiled of all his honour he wax old in poverty & misery . B. You feared , as you pretend , the crime of prevarication ; but I am afraid , lest in calumniating you wrong the King , whom you endeavour to defend . First , I would not have him to be idle , unless you would appoint idle master builders , secondly , you deprive him of good Ministers & friends , whom I have adjoyned unto him not as keepers , but would have them called by him to bear a part of his labour , & these being driven away you surround him with a band of Knaves , who make him to be feared by his subjects , neither do you think he will be formidable , unless we allow him a great power of doing wrong . I would have him to be by his subjects beloved , not to be guarded by the terrour , but goodwill of his subjects , which armes alone do make Kings invincible , unless you gainsay this , I trust I shall shortly prove it . For I shall lead him out of these you call straits into light : & by one Law shall give him so much authority and enlargment , that if he desire more , he may seeme impudent . M. Indeed I long to heare that . B. I shall then fall upon that matter , that I may satisfy your desire as soon as I can . A little before we have confessed , that no Law can be so accurately cautioned concerning any affair , but that malicious subtilty may invent some fraud . This perhaps will be the better understood by the example already proposed . By the Law it is ordained , that no parents transmit their benefices to their bastards . Here in effect the Law seemes clear , yet a cheat is found out : that the father substitute some other man , & that he may deliver that same benefice to the bastard of the former possessor . Thereafter , when as it was carefully ordained by Law , that the son should by no means enjoy that benefice which his father had possessed before : yet by this caution it was never a white the better . For against that Law a paction was found out amongst Priests , that each of them should substitute the Son of the other in his office . And when that was also forbidden , the Law was also eluded by another kind of cheat : a pretender was set up against the father , who might pretend he had a right to that benefice . Whilst the father seemingly is a contending with this supposed Sycophant , the Son doth petition the Pope for the benefice , if so be that the right unto that benefice belong not to either of the parties contending for it , and so the son by his fathers prevarication doth enjoy his fathers benefice , and over cometh both the parties , who willingly & freely yeeld up their plea. Thus you soe how many Kinds of cheats are invented against one Law. M. I see it . B. Do not Lawgivers seeme to do altogether the same herein which Physicians do , who whilst they endeavour by applying a plaister to compesce the eruptions of flegme , or of some other hurtfull humour , the humour restrained in one place seeks issue in many places at once : & as a certain hydra having one head cut off , many heads start up in place of one . M. Nothing more like . B. what was incumbent for a Physician to do at first for freeing the whole body at once of peccant humours . Ought not the Politik physician to do the same in this case , for freeing the whole common wealth of evill manners ? M : I think that to be the right way of cure , albeit it be difficult . B· And if this can be obtained , I think there would be need of few Lawes . M. It is indeed so . B. Doth not he alone seeme to conferre more for the publick good who can apply this remedy , than all the conventions of all estates met for making of Lawes ? M. Doubtless far more . But that I may make use of the Comick Poets words , who is able to undertake so weighty a charge . B. What if we shall lay it over on the King ? M. Merrily spoken indeed . What was soon done and easy you have committed to the whole people : but if any thing be difficult and intricat , you will lay it over upon the King alone , as if you thought him not sufficiently bound tying him round about with so many fetters , unless you lay upon him a most grievous burden under which he may also succumbe . B. It is not so , but we contend for a business easy for him to be done , we beseech , he would suffer himself to be exorable . M. What is that , I pray ? B. That as fathers ought to carry towards their Children , so in all his life he would behave himself towards his subjects whom he ought to account as children . M. What is that to the purpose in hand ? B. Surely this one is certainly the chiefest remedy against corrupt manners , and lest you suppose that it is an invention of mine , hear what Claudianus saith . Thou King must as a father rule thy Subjects , and no less have a care of all than of they self ; let not thy own desire only move thee , but also the publick desires of thy people . If thou commandest ought to be done by all , and to be obeyed , obey the same first thy self . Then will the people become the more observant of equity , nor will refuse to bear any burden , when they see their King himself obedient to what he commands . The whole world doth act conforme to the example of a King. The Lawes of Kings prevaile not so much to incline mens minds unto obedience , as the conversation of the Rulers . For the fluctuating multitude doth alwayes change as their prince doth . Do not Imagine that the Poet pregnant for understanding & learning did in vain believe so great force to be herein , for people are so addicted to the imitation of Kings , in whom any image of honesty doth shine or appeare , and so endeavour to express their manners , that whose vertue they admire , they endeavour also to imitat some of their vices in speech , apparell in deport . But in conforming themselves to the King in gesture , manners of speech they not only desire to imitat him , but also by flattery they insinuat themselves into the minds of great ones , & by these arts they hunt after riches , honour , and preferment , because they know we have it by nature , that we love not only our selves , and our own concernes , but embrace our own likeness though vicious in others . Now that which we demand not wickedly and arrogantly , but by intreaty endeavour to obtain , hath a far greater force , than the threatnings of Lawes , the ostentation of punishments , or armies of souldiers . This reduceth a People without force into modesty , conciliateth to a King his subjects good-liking , increaseth and maintaineth the publick tranquillity , and the wealth of every one severally . Let therefore a King carefully consider , that he is set on the theatre of the world , and for a spectacle proposed to all , so as no word or deed of his can be concealed , The vices of Kings can never be kept secret . For the supream light of fate suffers nothing to ly hid in obscurity , and fame enters into all secret places , and finds out obscure corners . O how much doth it concerne Kings to be circumspect on all hands ; seeing neither their vices nor their vertues can be concealed , nor yet without a great universall change of affaires . But if any do yet doubt , what great importance there is in the conversation of a Prince , for the emendation of the publick discipline , let him take but a view of the small beginning of the State of Rome . That rude people consisting of shepherds and countrey in habitants , I shall not say worse , naturally fierce , having got a very cour●gious King , and having pitched once their tents , for soliciting the peace of the neighbouring nations , and provoking them to fight , how much do you think of hatred and fear was bred in their neighbours ? When again that very same people had set over them a pious and just King , they were so suddenly changed , that being wholly devoted to the worship of their Gods and to acts of justice , that to wrong them their neighbours judged it a crime , even those very neighbours , I say , whose lands before they had laid waste , whose cities they had burnt , and their children and Kinsmen they had carried away into bondage . Now if in that barbarity of manners , & rudeness of times Numa Pompilius , ( who a little before was brought out of another nation at enmity with them , and made King ) could do so much : what shall wee xpect , or rather , what shall we not expect of those princes , who being supported by affinity , vassalls , and much wealth left them by their Ancestors , obtain the Government ? And are born and brought up in expectation thereof . Now how much should it stirre up their minds unto vertue , that they hope to have the praise not of one day , as Stage-players do , the scene being once past , but the goodwill , admiration , and perpetuall remembrance of their life to all posterity , and know that honours in heaven are prepared for them ? I wish I could express in words the representation of that honour which in mind I have conceived . Now that I may somewhat propose unto your view the same by some of the first draughts and lineaments thereof , consider with your self , how the brasen serpent erected by Moses in the desert of Arabia , did heal the wounds made by other serpents by a very look of the people thereon . Imagine that out of the whole people there were some stung by serpents , and running together for present cure , others astonished at the newness of the miracle , and all celebrating with all kind of praise the immense and incredible goodness of God : when they perceive that the pain of that deadly wound was not taken away , either by medicaments , with the torment of the patient , by the Physicians labour and assiduous carefulness of friends , nor by any long space of time , but reduced unto health in a moment . Compare now a King with that serpent , and so compare him , that you may reckon a good King amongst the greatest benefits of God who alone without any expence of thine , and without thy paines and labour , doth relieve a Kingdome of all its troubles , setleth perturbations , and in a short space bringeth the inveterat ulcers of minds unto a cicatrice or scar : neither is he only a procurer of health to those who behold him near at hand , but also to such as are a far off , and have no hope to see him , in whose image so great a force is presented to the minds of his subjects , that it doth easily performe what the prudence of Lawyers , the science of Philosophers , and the experience of so many ages in collecting their severall arts could never performe . Now what greater honour , dignity , eminency or majesty can be told or excogitat to be in any man , that by speech , converse , sight , fame , and a tacite species presented to the mind , he may reduce the most luxurious to modesty , the violent to equity , and those that are furious unto a right mind . Can you ask of God a greater benefit than this so much for the good of mans concernes ? If I mistake not , this is the true representation of a King , not that of a King guarded with weapons of war , ever fearing others , or making others afraid , by his hatred towards his people measuring his peoples hatred against him . This representation which we have given , Seneca in his Thyestes hath expressed in very pleasant colours , which verse I doubt not but you know , seeing it is most elegant . Do I now seeme to speak basely and contemptuously of a King ? and bind him fast loaded with the fetters of Lawes within a goale , as you did lately say ? And not rather do bring him forth into light , and assemblies of men , and set him upon the publick theatre of mankind , accompanied not with the arrogant company of archers and armed men , and rogues cloathed in silk , but guarded in safety by his own innocency , not with the terrour of armes , but by the love of his people : and not only at freedome and set aloft , but honoured , venerable , sacred , and eminent , and coming forth with the good wishes and fortunat acclamations of the people , and whithersoever he goeth , turning the faces , eyes and hearts of all towards him . What acclamation , or what triumph can be compared with this daily Pomp ? Or if God in humane likeness should come down into earth , what greater honour could be given him by men , than that which would be given to a true King , that is to the lively image of God ? For neither can love bestow , nor flattery invent a greater honour than this . What do you think of this representation of a King ? M. So splendide & magnificent indeed it is , that it seemes nothing can be said or imagined more magnificent . But in these corrupt times of ours , it is hard to find this magnanimity , unless carefull education make an honest and good nature and disposition . For the mind being principled with good instructions and acts from infancy , and by age and daily practice confirmed , endeavours by vertue to attain to true glory ; in vain it is tempted by the allurements of lusts , or weakned by the impressions of adversity . For thus learning doth perfect naturall parts , and good breeding doth strengthen the mind : so that it findeth occasion of exercising vertue amongst the very recreations of pleasures , and these things which usually terrify weak ones , by reason of difficulty , vertue doth account them as a matter of praise . Seeing then there is so great importance in learning for all conditions of life , with what great care and solicitude should men foresee , that the tender minds of Kings be righly principled , even from their very infancy . For seeing many are the benefits of good Kings towards their Subjects , and contrary wise , many calamities proceed from wicked Princes , than nothing doth seeme to have a greater influence upon every rank of men , than the cariage and conversation of Kings and others , who joyntly rule publick affaires . For what is done well or ill by private persons , is for the most part hid from the multitude : or by reason of such mens obscure condition their example belongeth to few . But all the words and deeds of those , wh● hold the helme of publick affaires ; canno● be concealed , beeing written as it were 〈◊〉 a publick monument , as Horace saith , but ar● set before all men for imitation . For the● do not turne mens affections to themselves 〈◊〉 studying to please them , but by very kindl● allurements of utility . And whither soeve● the inclinations of Kings do drive , they mak● the publick discipline wheele about wit● them . But I am afraid , that our Kings wi●● not be intreated to performe what you hav● now mentioned . For they are so marred by th● allurements of pleasures , & deceived with th● false shew of honour , that I think they 〈◊〉 almost that which some Poets report to hav● befallen the Trojans who were in compan● at sea with Paris . For the true Helena bein● left in Egypt with Protheus a holy and truel● religious man , they did contend so Pertina●ciously the space of ten years for her likeness that it was the end of a most pernicious war and of the most flourishing Kingdome in thos● times . For impotent Tyrants embracin● that false representation of a Kingdome when they have once obtained it by right 〈◊〉 wrong , cannot lose it without destruction Now if any do admonish them , that the tru● Helena for whom they imagine to fight , is els● where concealed , they would call him ma● ▪ B. I am indeed glad that you somewhat unde●●stand the beauty of that true daughter 〈◊〉 Jupiter from this her likeness , such as it is , albeit you do not see her self . But if these lovers of that Helena , to their great dammage , did see the perfect image of the true Helena , pourtrayed with her lively colours by some Protegenes or Appelles , I do not question but they would admire her and fall in love with her . And if they did not command their affections to enjoy that other , they might fall into those grievous punishments , which Perseus in his Satyres doth imprecat on Tyrants . O Supream Father of the Gods , be pleased thus to punish cruell Tyrants , when any execrable lust dipt in raging Poyson doth stirre up their spirits , let them see what vertue is , and let them pine away for sorrow , because they despised her . And therefore seeing we are fallen in to make mention of Tyrrants , may it please you , that straight way we proceed to speak of them ? M. Yea , unless you think some other thing should be first spoken . B. I suppose we shall not deviat , if we proceed in the same footsteps for finding out a tyrant , wherein we did insist in seeking out a King. M. I think so . For by that means we shall very easily understand what difference there is betwixt them , if set one against another they be duely considered . B. And first of all that we may begin at a Tyrants name , of what Language , it is uncertain . I therefore think it now necessary for us to seek therein the Greek , or Latine Etymology . Now what the Ancients did call Tyranny , I think is not unknown to any who are well versed in humane literature . For Tyrants were called both by the Greeks and Latines , who had the full power of all things in their hands , which power was not astricted by any bonds of Lawes , nor obnoxious to the cognition of judges . Therefore in both languages , as you know , not only the noble heroes , and most famous men , but the chiefest of the Gods , and so Jupiter also is called Tyrannus : and that even by those who both think and speak honourably of the Gods. M. I know indeed that well enough : and the rather I much admire , whence it is come to pass , that that name now for so many ages is accounted odious , and also amongst the most grievous reproaches . B. It seemes certainly to have fallen out in this word , which happeneth to be in many others : for if you consider the nature of words , it hath no evill i● it . And albeit some words have a more pleasant sound in the ears of hearers , and others a more unpleasant , yet of themselves they have no such thing , so as to stirre up the mind to wrath , hatred , or hilarity , or otherwise to creat pleasure or pain and trouble If any such thing befall us , that happens to fall out usually , not from the word , but from the consuetude of men , and image thereof conceived by the hearers . Therefore a word which amongst some men 〈◊〉 honest , amongst others cannot be heard ●ith some preface of , with reverence . M : ● remember that the like is befallen the ●ames of Nero and Judas , whereof the one ●mongst the Romans , and the other amongst ●he Jewes was accounted by great men very ●amous and honourable . But thereafter by ●o fault of these names , but of these two ●en , it hath come to pass , that even the ●ost flagitious men will not have these names ●o be given their children : they being buried ●nder such infamy . B : The same also is ●erspicuous to have befallen the word Tyrant , ●or it is credible , that the first Magistrats , ●ho were thus called , were good men ; or ●rom hence , that this name was sometime so ●onourable , that it was attribut to the Gods. ●ut those that came afterward made it so famous by their wicked deeds , that all ●en abhorred it as contagious and pestilen●ous , and thought it a more light reproach 〈◊〉 be called an hang-man than a Tyrant . M : ●erhaps it was the same as befell the Kings 〈◊〉 Rome after the Tarquinii were deposed in ●●e name Dictator after M. Antonius and 〈◊〉 : Dolabella were Consuls . B : Just so . And ●● the Contrary , base and vulgar names have ●een made famous by the vertue of men ●●lled thereby . As amongst the Romans , ●●millus , Metellus , Scropha : and amongst ●●e Germans , Henry , Genserick , Charles . ●his you shall the better understand , if taking away the name of Tyrant , you consider the thing , notwitstanding that this kind of government hath continued in its former honour and respect amongst many famous Nations , as the Aesymnetae amongst the Greecians , and the Dictators amongst the Romans : for both were lawfull Tyrants . Now Tyrants they were , being more powerfull than the lawes but lawfull they were , as being chosen by consent of the people . M : What am I hearing ? Tyrants and yet lawfull ? Indeed I did expect a far other thing from you : bu● now you seeme to confound the difference of all Kings and Tyrants . B : Indeed bo●● Kings and Tyrants amongst the Ancien● seeme to have been altogether one and th● same ; but I suppose in diverse ages : for 〈◊〉 think the name of Tyrants was more ancient thereafter when they became weary of t●● name , in their place succeeded Kings 〈◊〉 more plausible name , and more gentle g●●vernment , and when they also began to degenerat , the moderation of lawes 〈◊〉 adhibited , which might set limites to th● boundless lusts of their government . 〈◊〉 men according to the exigence of times , 〈◊〉 their usuall way , seeking out new remedi● became weary of the old way of government and sought out new wayes . Now our prese●● purpose is to handle both kinds of govern●ment , namely that wherein as well the ●●●vernment of Kings as of lawes is the 〈◊〉 ●owerfull : and the worst kind of Tyranny , ●herein all things are contrary to a King●ome , and have undertaken to compare ●hem one with another . M : It is so . And earnestly expect you would fall upon that . B : At first then we had agreed , that a King was created for maintaining humane society , ●nd we determined his office and duty , that by the prescript of lawes he should allow every man his own . M : I do remember ●hat . B : First then , he that doth not receive ● government by the will of the people , but ●y force invadeth it , or intercepteth it by fraude , how shall we call him ? M : I suppose , a Tyrant . B. There be also many other differences , which I shall briefly run through , because any man may easily collect them from Aristotle : for the government of Kings is according to nature , but that of Tyrants is not . A King doth rule his subjects , and reigne over them by their own consent . Tyrants reigne over them nill they , will they . A Kingdome is a principality of a Free man among free men : Tyranny is a principality of a Master over his slaves . For defence of a Kings safety the subjects watch and ward , For a Tyrant forrainers do watch to oppress the Subjects . The one beareth rule for the Subjects welfare , the other for himself . M. What do you say of those who have gotten into their hand the supreame authority by force and without the peoples consent , and yet for many years did so rule that the people were not weary of their government ? for what could be wanting in Hiero the Syracusan King , or in Cosmo 〈◊〉 Mediees the Florentine Duke to make them just Kings , except the peoples suffrages ? B. Indeed we cannot exeeme them out of the number of Tyrants . For it was nobly spoken by a notable Historian , albeit you may indeed rule your countrey and friends by violence and force , and correct their faults , yet it is unseasonable . Then again , such do seeme to do just like robbers , who cunningly dividing their ill gotten goods , do seek the praise o● justice by injury , and of liberality by robbery ▪ yet do not obtain what they hunt for ; by the odiousness of one ill deed they lose all the thanks of their ostentative bounty , and so much the less assurance of their civill disposition do they give their Subjects , and that because they do not that for their Subjects good , but for their own government , namely , that they the more securely may enjoy their own lusts and pleasures , and establish a soveraignty over the posterity to come , having somewhat mitigated the peoples hatred . Which when they have once done , they turne back again to their old manners . For the fruit which is to follow may easily be known by the sower thereof . For he hath the same strength and power to revoke all things at his pleasure , and to transferre unto himself the strength of all lawes , even as if he would abrogat all lawes . But this kind of Tyrants had been perhaps tolerable , if without the common destruction of all it could have been taken away , even as we do endure some bodily diseases rather than throw our life into the hazard of a doubtsome cure . But they who bear rule , not for their Countrey 's good , but for their own self interests , have no regard to the publick utility , but to their own pleasure and lust , they place the stability of their authority in the peoples weakness , and think that a Kingdom is not a procuration concredited to them by God , but rather a prey put into their hands . Such are not joyned to us by any civil bond , or bond of humanity , but should be accounted the greatest enemies of God and of all men . For all the actions of Kings should aime at the publick safety of their Subjects , and not at their own wealth . By how much Kings are raised above other men , so much should they imitat the celestiall bodies , which having no good offices of ours given to them , yet do infuse on humane affaires a vital and bountifull vertue of heat and light . Yea the very titles wherewith we have honoured Kings ( if you remember ) might put them in mind of their munificence . M : Me thinks I remember , namely , that they should use a paternal indulgence towards their Subjects committed to them as towards children ; the care of a Shepherd in procuring their profit : as Generals in maintaining their safety , as Governours in excellency of vertues , and as Emperours commanding those things which might be usefull . B. Can he then be called a father , who accounts his Subjects slaves ? or a Shepherd , who doth not feed his flock , but devoureth them ? or a Pilot , who doth alwayes study to make shipwrack of the goods in his ship , and who ( as they say ) makes a leck in the very ship wherein he sailes ? M. By no means . B. What is he then , who doth not rule for the peoples good , but still doth all for himself , who doth not strive with good men in vertue , but contendeth to exceed the most flagitious wretch in vices ? who leadeth his subjects into manifest snares ? M. Indeed such shall not be by me accounted either a generall , or Emperour , or Governour . B. If you then shal see any usurping the name of a King , and in no kind of vertue excelling any of the people , but inferiour to many therein , not fatherly affectionat towards his subjects , but rather oppressing them by arrogant domineering , and that thinketh the people is concredited to him for his own gain and not for their safeguard ; Will you imagine that such a man is truely a King , albeit he goes vapouring with a great many in guard about him , and openly be seen with gorgeous aparrell , and make a shew of punishments ; can he conciliat the people , and catch their applause by rewards , games , pompous shewes , and even mad underminings , and what ever is thought to be magnificent ; will you , I say , account such a man a King ? M. Not indeed , If I would understand my self aright , but void of all humane society . B. Within what limites do you circumscribe humane society ; M. Within the very same limites wherein by your preceeding discourse you seemed to include it , namely within the hedge of lawes . Which whosoever transgress , be they Robbers , Thieves , or Adulteres , I see them publickly punished , and that to be accounted a just cause of their Punishment , because they transgressed the limites of humane society . B. What say you of those , who would never once enter within these hedges ? M. I think they should be accounted enemies to God and men , and reckoned amongst wolves , or some other kind of noisome beasts , rather than amongst men : which whosoever doth nourish , he nourisheth them for his own destruction and others : & whosoever killeth them , doth not only good to himself , but to all others . But if I had power to make a law , I would command ( which the Romans were wont to do with monsters ) such kind of men to be carried away into solitary places , or to be drowned in the depths of the sea afar from the sight of any land , lest by the contagion of their carcases they might infect other men . And rewards to the killers of them to be discerned not only by the whole people , but by every particula● person : as useth to be done to those who have killed wolves or namely that these Spirits beares , or apprehended their whelpes . For if such a monster should be borne , & speak with a mans voice , & have the face of a man , & likeness of other parts , I would have no fellowship with him ; or if any man divested of humanity should degenerat into such cruelty , as he would not meet with other men but for their destruction , I think he should be called a man no more than Satyres , Apes , or bears , albeit they should resemble man in countenance , gesture and speech . B. Now , If I mistake not , you understand what a King , and what a Tyrant the wisest Ancients meant in their writings . Will it please you then that we propose some idea of a Tyrant also , such as we gave in speaking of a King ? M. Yes , that I do earnestly desire , if it be not a trouble to you . B. You have not forgot , I suppose , what by the poets is spoken of the Furies , and by our divines of the nature of evill Spirits , are enemies of mankind , who whilst they are in perpetuall torments , yet do rejoice in the torments of men . This is indeed the true idea of Tyranny . But because this idea can only be discerned in the imagination , but not by any of the senses , I shall set before you another idea , which not only the mind may discerne , but the senses also perceive , and as it were represented to the very eye . Imagine you see a ship tossed by waves in the sea , and all the shoares round about not only without haven or harbour but also full of most cruell enemies , and the Master of the Ship in contest with the Company , and yet to have no other hope of safety than in their fidelity , and the same not certain , as Knowing well that he puts his life into the hands of a most barbarous kind of men , and void of all humanity , whom by money he may hold trusty , and who for greater gain may be conduced to fight against him . Such indeed is that life which Tyrants embrace as happy . They are afraid of enemies abroad , and of their Subjects at home , and not only of their subjects , but of their domesticks , Kinsfolk , brethren , wives , children , and near relations . And therefore they have alwayes war , either a forrain war with their neighbours , civil war with their Subjects , or a domestick war within doores , or else they are still in fear thereof . Neither do they expect aid any where but by a mercenary way , they dare not hire good men , nor can they trust bad men ; what then in all their life can be to them pleasant ? Dionysius would not let his daughters once become women to trim him , fearing to let the razor come to his throat . Temoleon was killed by his own brother , Alexander Pheraeus by his own wife , and Sp : Cassias by his own father . He that still hath such examples set before his eyes , what a torture do you imagine he carryeth about in his breast ? Seeing he thinks that he is the mark set for all mankind to shoot at . Neither is he only while awake tormented with these tortures of conscience , but also is awakned out of his sleep by terrifying sights both of the living and dead , and agitat by the fire brands of hellish furies . For the season which nature doth grant for rest to all creatures , and also to men for relaxation of their cares , to him is turned into horrours and punishment . M. Forsooth you have handled these things very acutely , but I know not if truely also , but yet , if I mistake not , they make not so much for our purpose . For they who have the power to choose what Kings they please , in them is the power to bind by lawes such as they have chosen . But you know that our Kings are not chosen , but born Kings . To whom I have alwayes thought it to be no less hereditary , that their will and pleasure should stand for law , than the Kingdome it self . Nor am I rashly induced to be of this opinion , but convinced by severall great Authors , with whom I am not ashamed to be mistaken , ( if at all I be in any mistake or errour . ) For not to make mention of others , Lawyers do affirme , that by the Royall law which is made for the government of Kings , all the peoples power is so transmitted into them , that their will and pleasure should be accounted for lawes . And indeed from this law did those threatnings of a certain Emperour arise , that he would quite take away from lawyers all their science , wherein they so much boast , by one Edict . B. You do very well , that whilst you cite a most wicked Author of one of the greatest deeds , thought good to suppress his name . For that was C , Caligula , who wished but one neck for all the people of Rome . Now in that Emperour there was nothing of a man , far less of a King , beside his shape , you are not then ignorant how much authority may be due to him . But as for the Royal law ▪ what it is , when , by whom , and in what words it was made the very lawyers make no mention . For that power was never in any of the Roman Emperours , seeing from them appeals were made to the people . But that ordinance , whereby L : Flaccus having oppressed the liberty of the people of Rome , established by the silence of other lawes ; the Tyranny of L : Sylla , no man did ever hold for a law . For of that ordinance such was the strength , that whatever L : Sylla had done , should be ratified , Which law never any free people was so infatuat , as willingly to permit to be imposed on them . Or if any such were , he were indeed worthy to serve perpetually Tyrants , and be punished for his folly . But if any such law have been , let us think it was an example proposed to us for caution , but not for imitation . M. Indeed you admonish well . But that admonition belongeth to them in whose power it is to creat such Kings as most please them , but to us it doth not at all belong , who do not by suffrages elect the best Kings , but accept of those that by chance are given us . That also of a certain lawyer seemes properly to quadrat with us , who have given to our Kings Ancestors that right and authority over us and our posterity , that they and their posterity should perpetually hold their empire and authority over us . I wish then you had admonished them ( I mean our Ancestors ) who once had it in their own power entirely to admit such Kings as they pleased . But now that counsell of yours too late serves only for this , not to amend the faults that are not in our power , but deplore our Ancestors folly , and acknowledge the misery of our condition . For what can be left to those that are made slaves , but to be punished for other mens folly ? And that our punishment may be made more light , let us asswage them by patience : let us not provoke their wrath , by tumultuating importunely , whose dominion over us we cannot cast off , nor diminish their power , nor flee from their force or weakness . Now that Royal law , to which you are so much an Adversary , was not made in favours of Tyrants , as you would have it seeme to be , because it was approved by Justinian a very Just Prince . With whom so plain flattery would not have had place . For with a foolish Prince that of the Poet would prevaile whom doth false honour help , or lying infamy terrify , but a lewd man and a lyar ? B. Indeed Justinian , as history reports , was a great mighty man albeit some do report him to have been cruelly ingrate to Bellisarius . But let him be such as you judge he was , yet you may remember , that it is recorded by some almost of that same age with him , that Tribonius , a chief man amongst the compilers of these lawes , was a very wicked man , and so might easily be induced to gratify also a very bad Prince . But even good Princes do not hate this kind of flattery . For Even those who will not kill any man , do yet desire to have it in their power , and there is nothing which he dare not believe of himself , seeing his power equall to that of the Gods is commended . But let us returne to our own Princes : to whom you say the Kingdome doth come by inheritance and not by suffrages . Now of our own only I speak , for if I shall digress to speak of forrain Princes , I fear lest our discourse become more prolixe than we intended . M. I think you should do so . For forrain affaires do not much belong to our dispute in hand . B. That I may therefore begin at the first Principles . This is sufficiently agreed upon , that our Princes were chosen for their vertue , who should governe others . M. So do the writers of our affaires record . B. Nor is this less known , that many who have reigned cruelly and wickedly have been called to account by their Subjects : some adjudged to perpetuall imprisonment , others punished partly by exile , and partly by death , against whose killers no inquisition was ever made , even when their Sons or kinsmen were assumed into their stead . But who ever had killed good Kings , were most severely punished , so as no where else was murther more severely revenged . And because it would be tedious to rehearse every one , I shall produce some few of these last Kings , whose memory is most recent . The nobility did so grievously punish the murther of James the first , ( having left as heir his son● of six years of age ) that by a new and exquisit kind of punishment they put to death severall persons of very eminent families , and peers of the land , both for wealth and vassalage eminent : On the contrary , who did condole the death of James the third , a man flagitious and cruell ? far less revenge it ? But in the death of James the fourth his Son , the suspition of the crime was punished with death , neither were our Ancestors piously inclined towards good Kings , but also gentle & mercifull towards wicked Kings . For when one of King Culen's Enemies had killed him in his journey , whilst he is coming to give an ●ccount of his administration , he was severe●y punished by a sentence of the Estates of ●arliament . And likewise was punished as 〈◊〉 enemy he who had killed Evenus in prison , who had been adjudged to perpetuall bonds . And the violent death or parricide of him ●hey punished , whose wicked and vicious ●ife oll men had hated , M. I do not so much ●nquire at present what some time hath been done , as by what right Kings reigne amongst us . B. That we may therefore returne there●nto , as in our first Kings until Kenneth the ●hird , who first setled the Kingdome in his own family , it is very clear what was the peoples power in creating their Kings , and ●aking order with them , even so it is necessary we know , that he either did that against the peoples will , or by perswasion obtained it M. That cannot be denied . B. Moreover , If by force he compelled the people to obey him , then how soone the people began to have confidence in their own strength , they might have cast off that violent yoke of Government imposed upon them : Seeing all Lawes received by Kings and people do pronounce , and nature it self doth call for it , that whatever is done by force and violence , may be undone by the like violence . M. What if the people being by fraud eircumvented , or by fear forced did surrender themselves into that slavery : what for excuse can be pretended , but that they perpetually continue in that case , into which it was once agreed they were to be in ? B. I● you debate with me from that agreement what excuse there is for undoing the same I shall on the other hand lay down some reasons why pactions and agreements may be dissolved . And first of all , such as are made through force or fear , in all common-wealths concerning these there is a sure Law , draw● from Natures spring . Lawes allow restitution to be fully made to such as are by frau● circumvented , and think that it should be kept for pupills , and such other persons ▪ who by just Law they would have to be defended . What Assembly therefore of me● can require more justly to have restitution than a whole people , to whom the wrong is done , which indeed is not done against one part of the commonwealth , but floweth fa● abroad into all the members of that politick body ? M. I know this Law to be made use of in the cases of private persons , nor is it unjust . But there is no necessity we should debate herein , seeing it is far more credible ( which is recorded by Historians ) that tha● right was by the peoples will granted to Kings . B. It is also credible that so great a matter was not obtained without some great cause . M. I do easily assent thereto . B. What do you think was the chief cause thereof ? M. What other , except that which is recorded ? wearisomness of ambition , tumults , murthers , intestine wars , often with with the utter destruction of the one party , and alwayes with very great dammage of ●oth . For such as did obtain the government , endeavoured to cut-off their brethren , and almost all their near kinsmen , that they might leave the government the more peace●ble to their children , even as we hear is done amongst the Turks , and as we see amongst the chief of Clanns in our Islands , and in Ireland . B. To which of the two do ●ou think was that contention most pernici●●s , to the people or to the Princes ? M. Certainly to the Kings , seeing the greatest 〈◊〉 of the people securing themselves doth usually stand spectators of Princes contests , and yeeld alwayes as a prey to the victors . ● . It seemes then that Princes rather for themselves , than for the good of the people desired to establish the Kingdom in their own family . M. That is very probable . B. Now that ●hey might obtain that which did so much concerne the perpetual dignity , wealth and safety of their family , it is probable , that they did dispense or remit to one another somewhat of their right : and that they might the more easily obtain the peoples goodwill , ●iking and consent , they on their part gave ●hem some ease . M. I believe that . B. You will certainly confess it incredible , that ●or so great a benefit bestowed on their Kings , ●hey should endure to be in a worse case than formerly they were in . M. It is altogether incredible . B. Neither would Kings have desired it with so great ambition , if they had known it would prove hurtfull to their children , and unprofitable to the people . M. Not at all . B. Imagine then that some one in Parliament of the free people did freely ask the King , what if to any King should succeed a Son that is a fool , or mad ? Will you set such over us to rule us , who cannot rule or governe themselves ? M. I think there was no need to make use of that exception , seeing by the Lawes it is provided against such a case . B. Well said indeed . Let us then see , if Kings had obtained from the people a free power over the lawes , whether that had been unprofitable , especially to those who desired to foresee the good of their own family in time coming . M. Why shall we think that that power would be unprofitable ? B. Because nothing doth so much contribute for the continuance of a Government , as that temperament of Government , seeing it is both honourable for Kings , and Moderat , and safe for the people . The mind of man hath somewhat sublime and generous imbred therein by nature , that it will obey none , unless he governe profitably : Nor is there any thing more prevalent for maintaining humane society , than the mutuall exchange of benefits , and therefore Theopompus seemes to have wisely answered his wife ●pbraiding him that by adding the Epbory he ●ad diminished the power of his authority , ●nd had left the Kingdome to his Sons less ●han he had gotten it . It is , saith he , so much the more firme and sure . M. What you relate of continuance , I perceive is most true . For I think the Kingdomes of the Scots and Danes are the most ancient of all that are in Europe , nor do they seeme by any other means to have attained that antiquity , than by the moderation of the supreame authority , whilst in the mean time the Kingdomes of the Frenches , Englishes and Spaniards have past so often out of one family into another . But I do not know if our Kings have been so wise as Theopompus . B. As they have not been so prudent , do you imagine that the people were so foolish , as to neglect an occasion so opportune put into their hand ? or that they were so struck with fear , or seduced by flatteries , as to give themselves over into slavery willingly ? M. Perhaps it was not . But if the people ( which indeed might be ) were so blind , that they did not see what might concerne their own good , or being careless would not see what might be for their benefit , so as to contemne it , should they not then be justly punished for their folly ? B. It is not probable , that any such thing was done , seeing we may see the contrary to be observed even to our dayes . For besides that wicked Kings , as often as they intended tyranny over their Subjects were alwayes restrained , some vestiges 〈◊〉 the ancient customes do yet continue in som● ancient familes . For the Old Scots even 〈◊〉 our very dayes do choose their heads of clans and having chosen them , do give them council of Elders , to which councill who soever gives not obedience , is deprived 〈◊〉 all honour , and dignity . What therefore 〈◊〉 with very great care observed in the parts would they be negligent of for the security and safety of all ? And would they willingl● redact themselves into bondage to him , wh●● was to possess a lawfull Kingdome in stea● of some benefit ? and would they freely giv● over their liberty acquired by vertue , defend●ed by armes , not interrupted for so many ages , to one not expecting it , without force● without war ? For the calamity of John Bal●o● doth shew that that power was never granted to our Kings , besides the punishments so often taken for their Maladministration . Who about two hundred and sixty years ago was by the nobility rejected , because he had subjected himself and his Kingdome to the authority of Edward King of England , and Robert the first was substitute in his stead . The same doth also shew that perpetual custome continued from the beginning of our Government . M. What custome do you speak of ? B. When our Kings are publickly inaugurat , they solemnely promise to all the People , that they will observe the Lawes , rites and old statutes of their predecessors , & use the ●ame power which they have received from them , that whole order of ceremonies doth shew , & the first entry of our Kings into every City , from all which it may be easily understood , what kind of power they did receive from our predecessors , to wit , none other than that they swear to maintain the Lawes being chosen by suffrages . This condition of reigning did God propose to David , and his posterity , and promiseth they should reigne so long , as they should obey the Lawes he had given them , those things indeed they do , as is probable that our Kings received from our Ancestors a power not immense , but within certain limites bounded and limited . And further there was the confirmation of a long time , and the usurpation of a perpetual right by the people , never reprehended by a publick decree . M. But I fear it cannot be easily obtained of Kings as being perswaded by that probability to condescend to these Lawes however sworn unto , or usurped by the people : B. I also believe , it is no less hard to perswade the people to pass from the right received from their Ancestors , approved by the use of so many ages , and practised by one continuall tenour . I do not think it needfull to proceed by conjectures what the people is to do , since I see what they have done already . But if by the obstinat pertinacy of both the business come to armes , he that prevaileth will give what Law and right he pleaseth to the vanquished : but this will not longer continue than he who is vanquished , having again gathered together his forces , shall take up Armes again . In all which contentions men usually still fight with very great damage of the People , but with the utter overthrow of Kings . For from this spring do flow all the destructions of all Kingdoms . M. It must needs be so . B. I have perhaps gone back further than was needfull ; to the end you might clearly understand what kind of Government there was amongst us of old . For if I had reasoned with you according to the rigour of the Law , I might have gained my poynt in a far more compendious way . M. Albeit you have almost satisfied me already , yet I shall willingly hear what that is . B. I would then have you first of all to answer me this question . Do you not approve the definition of Law set down by Lawyers , who say that Law is , that which the People knew when demanded by him to whom the prerogative of demanding belongeth . M. Indeed I do approve it . B. We have agreed , that the faults of Lawes being found out , they may be amended or abrogat by the Law givers . M. We did so . B. I suppose you perceive now , that such as are borne Kings are by the Lawes and Suffrages of the People created , no less than those whom we said were elected ●n the beginning . And that in receiving of Lawes there will not be remedies wanting in ●he People , who are the Lawgivers , not on●y against force and fraud , but also against ne●ligence . M. I perceive that clearly . ● . Only here is the difference , that the Law ●oncerning our Kings was made severall ages ●efore , and when any doth enter into the ●ingdome , there useth to be no new Law ●ade , but the old Law is approven , and ●●tified . But amongst those who have their ●eeting of Estates at the election of every ●ing , the Law useth to be made , the King ●reated and approved , and so to enter into ●s Government . M. It is so . B. Now if ●ou please , let us briefly recapitulat what we ●re at accord in from the very beginning . ●o that if ought be rashly approven , it may ●e retracted . M. I am content . B. First ●f all then , it seemes that a King is created 〈◊〉 the peoples sake , and that nothing more ●xcellent is given us of God than a good King , ●nd more pestilentious than a wicked King. ● : Very right . B : We have also said that wicked King is called a Tyrant . M· We ●●ve said so . B. And because there is not ●●ch plenty of good men , so as to choose those ●ho may prove good Kings , nor so great a ●●ppiness of birth , as that good Luck may ●●fer us those that are good : if we have not ●●ch as we would wish , yet we have such as ●ther consent hath approved , or chance hath ●●fered . Now the hazard that occureth either in choosing new Kings , or in appro●ving such as are given us by birth , was th● cause that we desired Lawes , which migh● modify the Government of Kings . No● these Lawes should be nothing else but th● express image ( as far as may be ) of a goo● Prince . M. We are at accord in that als● B : It now remaineth , as I suppose , for 〈◊〉 to speak of the punishment of Tyrants . M ▪ That only seemes to remain unspoken of . ● If then a King break all the bonds of Lawes and plainly behave himself as a public enemy , what think you should be done this case ? M : Indeed I am at a stand her For albeit the reasons you have given see● to convince me , that we ought to have 〈◊〉 society with that King , yet so great is t●● strength of a constant custome that in my opin●●on it hath the strength of a Law : Whi●● custome doth so closely cleave to men in the minds , that if at any time it hath brought an errour , better it is to tolerat it , than 〈◊〉 marre the constitution of the whole body whilst we endeavour to cure a disease that but small by custome . For such is the natur● of some diseases , that better it is to endu●● the pain they bring , than to call for doub● some remedies , in the applying whereo● albeit the cure may be wrought , yet th● bring such sharp paines in their cure , as th●● the cure of the disease is more pernicious th●● the disease it self . Next , that whi●● troubles me more is , I see that Governme●● which you call Tyranny confirmed by the Word of God , and what you abhorre as the ●●tter overthrow of Lawes , God doth call ●he Law of the Kingdome ; the authority of ●hat passage of Scripture doth move me more ●han all the arguments of Philosophers . If you do not explain this to me , the comments of men will not be of so great account with ●e , but that I may instantly fall away to the Adversaries side . B : You are , as I perceive , ●n the common errour , and that very grie●ous , who do endeavour to confirme Tyranny by Tyranny . For how great the Tyranny of custome is in the minds of men , wherein ●t hath taken deepest root , and too often we have found it in this our age , Herodotus an an●ient writer doth give us warning by an old example , but I need not old examples . Be well advised . Consider with your self how many things there be of great moment , wherein you following the dictates of reason have fallen from a custome inveterat so many ages past , so that now you might have learned by domestick experiments , that there is no custome more full of dangers than that which in a publick way they command us to follow . I bid you look well to it round about , how many ruines , and how great slaughters will you see therein ? but if it be more clear ( as we say ) than the very light , I need not tarry longer in proving or illustrating a thing so perspicuous . Now as for that passage of Scripture , which from the history of the Kings you rather signify than explain , beware , I pray you , you think that the things which God doth abhorre in the life of Tyrants , are by him allowed to Kings . Now lest this be , I bid you first consider what that people sought of the Lord : then what causes of a new petition they had . Lastly , what the Lord did answer them . First , they ask a King , but what a King ? a Lawfull King ? such a one they had . For Samuel was given them by the Lord , whose prerogative it was to set a King over them . He had for many years judged them Lawfully according to prescript of Gods Law : but whilst in his old age his sons did judge , they did many things wickedly , and judged contrary to the Lawes . I see no reason why they should ask the change , or rather amendement of the Government , or expect the same from the Lord , who not long before had quite rooted out the whole family of Heli● almost for the like cause . What do they then ask ? A King , such as their neighbouring nations had , who at home might be a judge to them , and abroad a leader of their Armies . Now in effect such were Tyrants . For as the people of Asia are of a more servile disposition than those of Europe , so did they the more easily obey the commands of Tyrants . There is no mention made for ought I know , by any historian of any Lawfull King in Asia . Moreover , it doth easily appear that a Tyrant , and not a King is there described , in regard the Lord in Deuteronomy had prescribed to them a forme not only different from this in that place cited by you , but also plainly contrary thereto , according to which forme Samuel and the other judges had judged so many years , which whilst they did reject , the Lord complaines , that he was by them rejected . M : But the Lord doth not call him Tyrant , but ever King. B : He calles him indeed King : for it is peculiar to the Lord , to use the common speech of the people , as often as he speaketh to a people . And therefore he maketh use of that word with the vulgar people : but lest an ambiguous use thereof might deceive , he doth eloquently expound what the use of that word was amongst neighbouring Nations . M : As that may be true , yet that of the Apostle Paul doth urge us more narrowly , who commandeth us to pray for the safety of Princes : he is so far from permitting us to revile Government , much less to dethrone such as are invested therewith , or to kill them being thrown down . But what Princes doth he recommend to our prayers ? the most cruell that ever were , Tiberius , Caligula , Claudius , Nero. For Pauls Epistles were almost contemporary with them . B. That you make so much account of the authority in Paul , so as one sentence of his hath more weight with you than the writings of all Philosophers and Lawyers , I think you do well : but see that you consider well his judgment , or meaning : for you must not examine the words only , but in what time , to whom , and why he wrote . First then let us see what Paul did write . For he writeth to Titus Chap. 3. Put them in mind to be subject to Principalities and powers , and to be ready to every good work . I suppose , you see , what end of obedience and subjection he appoints . He likewise to Timothy Chap. 2. Doth write , that we should pray for all men , even for Kings , and other Magistrats , that , saith he , we may live a peaceable life in all godliness and honesty . And here you see what end of praying he appoints : namely not for the Kings safety , but the churches tranquillity , from which it will be no difficult thing to conceive also the forme of prayer . Now in his Epistle to the Romans , he doth define a King near to a Logick subtilty , for saith he , he is a Minister to whom the sword is given by God , for punishing the wicked , and for cherishing and relieving the good . For saith Chrisostome , these things are not by Paul written of a Tyrant , but of a true and Lawfull Magistrat , who is the vice-gerent of the true God on earth , whom whosoever resisteth , doth certainly resist the ordinance of God. Now albeit we ought to pray for wicked Princes , we should not thence conclude , that their vices should not be punished : nor will it more follow that we should not punish the rapines of Robbers , for whom we are also commanded to Pray . And if we should obey a good Prince , it will not therefore follow that we should not resist a wicked Prince . But if you consider the reason which did move Paul to write these things look that the place or argument make not much against you . For he wrote this to chastise the rashness of some , who did deny the authority of Magistrats to be necessary for Christians· For since the power of Magistrats is ordained against wicked men , that we may all live righteously , and an example of divine Justice might remain amongst men , they affirmed that there was no use thereof amongst men , who abhorre so much the contagion of vices , as that they are a Law to themselves . Paul doth not therefore speak of those who bear rule as Magistrats , but of Magistracy it self , that is , of the function and office of those who rule : nor yet of one or other Kind of Magistracy , but of every forme of a Lawfull Magistracy . Nor doth he debate with those who think that wicked Magistrats should be restrained , but with those men who deny all authority of Magistrats , who absurdly interpreting Christian liberty , did affirme it to be an indignity for those that were made free by the Son of God , and ruled by the Spirit of God , to be under the power of any man. That Paul might refute their errour , he sheweth , that Magistracy is a thing not only good , but also sacred , namely an ordinance of God , and for that end institute , that the assemblies and incorporations of men might be so continued , that they might acknowledge Gods benefites towards them , and might forbear to wrong one another . God commanded them to be keepers of his Lawes who were constitute in dignity . Now if we confess Lawes to be good ( as indeed they are ) and the keepers thereof worthy of honour , we will be forced to confess that the office of the keepers is a good and profitable thing . But Magistracy is terrible , but to whom ? to the good , or bad ? to the good it is not a terrour : it being to them a defence from injury : but to wicked men it is a terrour : it is not so to you , who are ruled by the Spirit of God. But you will say to me , what need have I then to be subject to Magistracy , if I be the Lords freeman ? yea , that you may approve your self to be the Lords freeman , obey his Lawes : for the Spirit of the Lord , by whom you boast to be led and governed , is both the Law-giver , and approver of Magistrats , and also the author of obedience to Magistrats . We therefore in this will easily agree together , that there is need of Magistracy even in the best common-wealths , and that we should every way honour the same . But if any man think otherwise , we account him mad , infamous and worthy of all punishment . For he doth plainly contraveen the will of God revealed to us in the Scriptures . But as for Caligula , Nero , Domitian , and such like Tyrants , why they should not be punished as breakers of divine and humane Law , you have nothing here from Paul , who treats of the power of Magistrats , but not of the wicked Ministers of that power , nor will they be at all Magistrats , if you examine that Kind of Tyrants according to Pauls rule . But if any will debate that wicked Princes are also ordained by God , look that this his discourse be not captious . For ( as they say in proverb ) God may put a hard wedge to cleave a hard knot , so doth he set up a wicked man for punishing of wicked men : but no man in his right wits dare affirme , that God is therefore the Author of evill , or wickedness , even as no man is ignorant that he is the Author of punishing wicked men . A good Magistrat also for the most part chooseth a wicked man to be an hangman for punishing guilty persons . And albeit indeed that a Magistrat doth assume such an hangman for that office , yet no impunity is granted him or all his misdeeds . Nor will the Magistrat have him to be so above the Lawes , as that he cannot be questioned thereby . I will not stay longer upon this similitude , lest Court flatterers cry out that I speak basely of the supreame Magistrat . But however they exclaime , certainly this they cannot deny , that the hangmans function is a part of the publick office , and perhaps of the Royall office , or at least by the testimony of very Kings : who complain that their Majesty and person is wronged , as oft as any of their publick Ministers is wronged , or violence done to them . Now the punishment of wicked Malefactors , and what ever else of that kind , doth belong to the Kings office . What say you of Majors or Provosts in Towns ? what of Generals of Armies ? what of Baillies . What of Sherifs ? doth not Paul command us to be subject to them ? doth he hold them for private persons ? Now an account useth to be taken for mal-administration of all , not only of Inferiour Magistrats ; but also of such as are equal to Kings . I would therefore have them , who from Pauls words do dreame that so great a power is given to Kings , to shew me from him , that Kings only are here to be understood by the name of power , and therefore they only are to be exeemed from the punishment of Lawes : or if , when we say powers , other Magistrats be also understood by the same Author , who are ordained by God for the same use : I would have them also to shew me where all Magistrats are loosed from the Lawes , and pronounced free from the fear of punishment : or if this immunity be granted to Kings only , but denyed to others who are set in authority . M. But Paul will have all to be subject to the higher powers . B : He commandeth so indeed , but by this name of Power he must needs comprehend other Magistrats , unless perhaps we imagine that Paul doth think no power at all to be in those Commonwealths , which have not Kingly Government , but plainly an anarchy therein . M : I do not believe that , nor is it probable : and the rather I am of this opinion , because the current of all the most learned Interpreters on the place make for you : who think that Pauls dispute there was against those that affirmed that no Lawes and Magistrats did at all belong to them . B : What say you to that which I lately spoke . Do you think , that those Tyrants before mentioned of all men the most cruell , are meant by the Apostle ? M : Yes , but what produce you against me to hinder me from the belief thereof ? especially seeing Jeremy doth earnestly advise the Jewes , and that by command of God , to obey the King of Assyria , and by no means to reject his authority , and thence they inferre by the like reason , that obedience should be given to other Tyrants also how cruell soever . B : That I may answer first to what you last spoke , you must take notice , that the Prophet doth not command the Jewes to obey all Tyrants , but the King of Assyria alone : Now if you would conclude the forme of a Law from that which is commanded to be done to one single person , first you are not ignorant ( for Logick hath taught you that ) what a great absurdity you will make , next you will be in danger to be assaulted by the opposers of Tyranny with the like weapons : for you must either shew what singular thing there is in that matter , or propose it to be imitat by all every where , or if you cannot do this , you must acknowledge , that whatever is enjoyned concerning any one person by any speciall command of God , it doth alike belong to all . If you shall once admit this ( which you must needs do ) it will be instantly objected , that Ahab was killed by Gods command , and a reward was also promised and performed to him that should kill him . When ever therefore you betake your self to that refuge , you must obey all Tyrants : because God by his Prophet did command his people to obey one Tyrant . It will be instantly replyed , that all Tyrants ought also to be killed , because Ahab at the command of God was killed by the Captain of his host . Therefore I advise you to provide a more firme defence from Scripture for Tyrants , or then laying the same aside at present you may have your recourse to the Philosophers schoole . M : I shall indeed think upon it . But in the mean time let us returne from whence we have disgressed . What do you bring from Scripture , why Tyrants may be Lawfully killed . B : First of all I profer this , that seeing it is expresly commanded to cut off wickedness and wicked men , without any exception of rank or degree , and yet in no place of sacred scripture are Tyrants more spared than private persons . Next , that the definition of powers delivered by Paul doth not wholly belong to Tyrants , because they accommodat not the strength of their authority for the benefit of the people , but for fulfilling their own lusts . Further we should diligently consider how much Power Paul doth grant to Bishops , whose function he doth highly and truely praise , as being some way like unto Kings , as far as the nature of both their functions can admit . For Bishops are Physicians of internall diseases , as Kings are Physicians of externall distempers , and yet he would neither of them to be free from , or not liable to the jurisdiction of the other . And even as Bishops are subject to Kings in the exercise of their Civil Government , so ought Kings tobey the spirituall admonitions of Bishops . Now albeit the amplitude and dignity of Bishops be so great , yet no law divine or humane doth exeeme them from the punishment of crimes . And to pass by others . The very Pope , who is accounted the Bishop of Bishops , who so exalts himself above all Kings , that he would be accounted a certain God amongst men , yet is he not exempted from the punishment of Lawes , no not by his own Canonists , a kind of men very devoted to him . For seeing they would think it absurd that God ( for they do not hesitat to call him thus ) should be obnoxious to mens censure , and think it unjust that the greatest crimes and most filthy abominations should pass unpunished in any , and yet they have found out a way whereby crimes may be punished , and the Pope accounted sacred & inviolable . For the priviledge of the Pope is one thing , and of that man who is Pope is another , say they , and whilst they exeeme the Pope ( whom they deny can erre ) from the cognition of the Lawes , yet do they confess him to be a man obnoxious to vices and punishment of vices : nor have they more subtilly than severely declared their judgment herein . It would be tedious to rehearse , what Popes ( to speak after their usuall way ) what men personating Popes , who not only alive were forced to renounce their popedome , but being dead were pulled out of their graves , and thrown into Tiber. But to omit old histories . The recent memory of pope Paul the fourth is fresh in our mind , for his own Rome did witness a publick hatred against him by a new kind of decree . For they vented their fury ( he being by death taken away ) against his nearest kinsfolk , his statues and painted images or pictures . Nor should this interpretation seeme more subtil , whereby we separat the power from the person in power , than Philosophy doth acknowledge , and the Ancient Interpreters do opprove , nor is the rude multitude and strangers to subtile disputing ignorant thereof ; for the meanest tradsmen take it for no blot upon their trade , if a Smith or Baker be hanged for robbery , but are rather glad that their society is purged of such villains . But if there be any of another mind , I think it is to be feared , that he seemes to be rather grived at those mens punishment with whom he is associat in their villany ▪ than for the infamy of their society . I am of the opinion , if Kings would abandon the counsells of wicked men and flatterers and measure their own greatness rather by duties of vertue , than by the impunity of evill deeds , they would not be grieved for the punishment of Tyrants , nor think that Royall Majesty is lessened by whatsomever destruction of Tyrants , but rather be glad that it is purged from a most filthy blot of wickedness : especially seeing they use to be highly offended with robbers , and that very justly , if any of them in their malefices pretend the Kings name . M : Forsooth , they have just cause , But laying these things aside a I would have you go on to the other head you proposed . B : What heads do you mean ? M : Namely in what time , and to whom Paul wrote those things , for I desire to know what the knowledge thereof doth make for the argument in hand . B : I shall herein obey you also . And first I shall speak of the time , Paul wrote these things in the very infancy of the Church , in which time it was not only necessary to be blameless , but none was to give occasion to such as sought occasion of reproaching , and unjust causes of staining the Professors of Christianity : Next he wrote to men of severall nations , and so gathered together into one society out of the whole body of the Roman Empire , amongst whom there were but few very rich , yea almost none , who either had ruled , or could rule , or were in any great account amongst their fellow Citizens , they were not so many in number , and these almost but strangers , and for the most part but lately freed of bondage , and others but tradsmen and servants . Amongst them there were many who did further pretend Christian Liberty , than the simplicity of the Gospell could suffer . Now this Company of people out of the promiscuous multitude , which did won their living , though meanly , by hard labour , was not to be so carefull of the state of the Common wealth , of the majesty of the Empire , and of the conversation and duty of Kings , as of the publick tranquility , and their domestick affairs , nor could they justly claime any more , than to ly lurking under the shadow of what ever Government they were under . If that people had attempted to lay hold upon any part of Government they should have been accounted not only foolish , but , mad . Nor should they come out of their lurking holes to breed trouble to those that did hold the helme of publick affaires in hand . Immature licentiousnes was also to be repressed , an unfit interpreter of Christian liberty . What then doth Paul write ? doubtless , new precept no but only these usuall precepts , namely , that Subjects should obey their Rulers , servants their Masters , and wives their hus bands , nor should we think the Lords yoke , how light soever doth liberat us of the bonds of our duty , but vvith a more attentive mind than before to be bound thereunto , so that we should omit nothing through all the degrees of duties in our relations , that might any wayes make for acquiring the favour and goodwill of men . And so it should come to pass , that the name of God should be well spoken of amongst the Gentiles because of us , and the glory of the Gospell more largely propagate . For Performing of these things , there was need of publick peace , the keepers whereof were Princes and Magistrats , albeit wicked . May it please you , that I set before you a manifest representation hereof ? Imagigine that one of our Doctors doth write to the Christians , that live under the Turks , to men , I say , of mean fortune , fore dejected in mind , weak and few in number , and exposed to the injuries of all and every one . What else , I ask you , would he advise them , than what Paul did advise the Church that then was at Rome , or what Jeremy advised the exiles in Assyria ? Now this is a most sure argument that Paul had a regard to those mens condition to whom he did write , and not to all others , because he diligently sets home the mutuall duties of husbands towards thier wives , of wives towards thier hus bands , of Parents towards thier children , and of children towards their parents , of servants towards thier Masters , and of Masters towards thier servants . And albeit he writes what the duty of a Magistrat is , yet he doth not give them any particular compellation , ( as he had done in the preceeding relations . ) For which cause we shall judge that he gave no other precepts for Kings and others in Authority : especially seeing thier lust was to be much more restrained , that of private persons ? What other cause may we imagine , than that at that time there were no Kings or Magistrats in the Church to whom he might write ? Imagine that Paul doth now live in our dayes , wherein not only the people , but Princes also Profess Christianity . At the same time , let there be some Prince , who doth conceive that not only should humane Lawes , but also divine Lawes be subject to his lust and pleasure , and who will have not only his decrees , but also his very nods to be accounted for Lawes , like that man in the Gospel , who neither did feare God , nor reverence man , who distributes the Church revenues amongst villains and rascals , if I may so say ; and doth mock the sincere worshipers of God , and accounts them but fools and mad men , or fanaticks : what would Paul write of such to the Church ? If he were like himself , he would certainly deny that he should be accounted a Magistrat . He would interdict all Christians to have any communion with him , either in dyet , speech , or converse , and Leave him to the people to be punished by the Lawes , and would think they did nothing but their duty , if they should account him not to be their King , with whom they were to have no fellowship by the Law of God. But there will not be wanting some Court slaves , or Sycophants , who finding no honest refuge , become so impudent , as to say , that God being angry against a people doth set Tyrants over them : whom as hangmen he appoints for punishing them . Which to be true I do confess ; yet it is true , that God many times doth stirre up from amongst the lowest of the people some very mean , and obscure men to revenge tyrannicall pride and weakness : For God , ( as before is said ) doth command wicked men to be cut-off : and doth except neither degree , sexe , or condition , nor yet any man. For Kings are not more acceptable to him than beggars . Therefore , we may truely averre , that God being alike the ●●her of all , to whose providence nothing lyes 〈◊〉 , and whose power nothing can resist , will 〈◊〉 leave any wickedness unpunished . More●●er , another will stand up and ask some ●●ample out of Scripture of a King punished 〈◊〉 his Subjects : which albeit I could not pro●●ce , yet it will not presently follow , that ●ecause we do not read such a thing therein to ●●ve been done , that it should be accounted 〈◊〉 an high crime and malefice . I may rehearse ●mongst many Nations very many and sound ●awes , whereof in holy write there is no ●xample . For as the consent of all Nations ●oth approve , that what the Law doth com●and , is accounted just , and what it forbid●eth , is unjust , so since the memory of man 〈◊〉 was never forbidden , that what should not ●e contained in Lawes , should not at all be ●one . For that servitude was never received , ●or will the nature of things so fruitfull of new examples suffer the same to be received , that whatever is not by some Law commanded , or recorded by some famous example , should be accounted for a great crime and malefice . If therefore any man shall ask of me an example out of the sacred Scriptures , wherein the punishment of wicked Kings is approven , I shall again ask him , where is the same reprehended ? But if nothing done without some example doth please : how many Civil statutes shall we have continued with us ? how many Lawes ? for the greatest Part thereof is not taken out of any old example , but established against new deceits and that witho●● example . But we have already answered th●●se that require examples more than was nee●●full : Now if the Jewish Kings were not p●●nished by their Subjects , they make not muc● for our purpose in hand . For they were not first created by the people , but were by Go● given them . And therefore very justly , 〈◊〉 who was the Author of that honour , was 〈◊〉 punish their misdeeds . But we debate , th●● the people , from whom our Kings enjoy wh●●●ever priviledge they claime , is more pow●●●full than their Kings : and that the who●● people have that same priviledge over them which they have over every one in particula● of the whole people . All the rights and priv●●ledges of forrain nations , who live unde● Lawfull Kings do make for us : all the Nation● which are Subject to Kings chosen by themselves , do commonly agree herein , that whatever priviledge the people hath given to any the same they may require again very justly ▪ All commonwealths have still retained th●● priviledge . Therefore Lentulus , having con●spired with Catiline for overturning the commonwealth of Rome , was compelled to renounce his Praetorship , and the Decemviri , the makers of the Roman Lawes , were taken order with , even whilst they enjoyed th● supream authority : Some Dukes of Venice , and Chilpericus King of france , laying aside their Royall honours , as private men spen● their dayes in Monasteries . And not long ago ▪ Christiernus King of the Danes , twenty years almost after he was deprived of his Kingdome did end his life in prison . Now the Dictatorship ( which was a Kind of Tyranny ) was in the peoples power . And this priviledge hath been constantly observed , that publick benefices granted amiss , and the liberty granted to ingrate persons set at liberty ( whom Lawes do very much favour ) might be taken back again . These things we have spoken of forrain Nations , lest we alone seeme to have usurped any new priviledge against our Kings . But as to what doth properly belong to us , the matter might have been handled in few words . M : What way ? For this I am very desirous to heare . B : I might enumerat twelve or more Kings , who for great crimes and flagitious deeds have been either adjudged to perpetuall imprisonment , or escaped the just punishment of their wickedness either by exile or voluntary death . But lest any blame me for relating old and obsolete stories , if I should make mention of Culen , Even , and Ferchard , I shall produce some few within the memory of our forefathers . All the Estates in a publick convention judged James the third to have been justly killed , for his great cruelty and flagitious wickedness towards his Subjects , and did caution that none of them who had aided , consented , or contributed money , or had been active therein to be called thereafter into question therefore . That they therefore did judge the deed to be duely and orderly done , it being once down , doubtless they desired it might be set down for an example in tim● coming , surely no less , than L : Quintiu● sitting in judgment did Commend Serviliu● Ahalus for having killed before the bench Sp● Mellus turning his back and refusing to com●pear into judgment , and that he was not guilty of blood shed , but thought him to be nobi●litat by the slaughter of a Tyrant , and al● posterity did affirme the same . What Subjec● hath ever approved the slaughter of one affec●ting Tyranny ? what do you suppose would he have done with a Tyrant robbing the good of his Subjects and shedding their blood What hath our men done ? do not they seem● to have made a Law , who by a publick decre● without any punishment have past by a flagiti●ous crime committed , if such like shall happe● in time coming ? for at most there is no diffe●rence whether you judge concerning tha● which is done , or make a Law concerning what is to be done . For both wayes a judg●ment is past concerning the Kind of the crime and concerning the punishment or reward o● the actor . M. These things will perhaps hav● some weight amongst us . But I know not how other Nations abroad will take them . You se● I must satisfy them . Not as in a judiciall way I were to be called in question for the crime ▪ but openly amongst all concerning the fame not mine ( for I am far from any suspition thereof ) but of my countrey men . For I am afraid , lest forrain Nations will rather blam● the decrees , wherewith you suppose you are sufficiently protected , than the crime it self full of cruelty and hatred , But you know , if I mistake not , what is usually spoken according to the disposition and opinion of every one on both hands , concerning the examples you have proposed . I would therefore ( because you seeme to have expeded what is past , not so much from the decrees of men , as from the springs of Nature ) you would briefly expound if you have ought to ●ay for the equity of that Law. B. Albeit that may seeme unjust to stand at the bar to plead amongst forrainers for a Law approved from the very first times of our Scots Government by Kings , by the constant practice of so many ages ago , necessary for the people , not unjust for Kings , but Lawfull , but now at last accused of illegality ; yet for your sake I shall try it . And as if I were debating with those very men who would trouble you , I first ask this . What do you think here worthy of reprehension ? Is it the cause ? why is it sought for ? or is it the Law it self which you reprehended ? for the Law was sought for repressing the unjust lusts of Kings . Whoever doth condemne this , must likewise condemne all the Lawes of all Nations , for all Lawes were desired for the very same cause . Do you reprehend the Law it self ? do you think it Lawfull that Kings be exempted of , or not lyable to the Lawes ? let us then see if that be also expedient . And for proving that it is not expedient for the people , there needs not many words . For it in the former discourse we have rightly compared a King to a Physician , as it is not expedient for people that impunity be permitted to a Physician for killing whom he pleaseth , so it is not for the good of all , that a promiscuous licence be granted to Kings for making havock of all . We have no cause then to be offended with a people , whose chief power it is in making Lawes , if as they desire a good King to be set over them , even so a Law to be set over a King none of the best . But if this Law be not for the Kings use , or profit , let us see if the people should be dealt with to remit somewhat of their priviledge , and of abrogating it not for the space of three dayes , but according to our usuall way we indict a Parliament to meet within fourty dayes . In the mean time , that we may reason together concerning the Law , tell me , doth he seeme to respect the good of a mad man , who looseth his bonds ? M. Not at all . B. What do you think of him who giveth to a man sick of a feaver , so as he is not far from madness , a drink of cold water though earnestly craving it , do you think he deserveth well of that sick man ? M. But I speak of Kings of a sound mind . I deny that there is any need of medicine for such as are in health , nor of Lawes for Kings of a sound mind . But you would have all Kings to seeme wicked , for you impose Lawes upon all . B. I do not think that all Kings are wicked . Nor do I think all the people to be wicked , and yet the Law in one voice doth speak to the whole people . Now wicked men are afraid at that voice , good people do not think it belongs to them . Thus good Kings have no cause to be offended at this Law , and wicked Kings , if they were wise , would render thanks to the Law giver , who hath ordained what he understood would not be pro●●table for them , nor to be Lawfull for them to do . Which indeed they will not do , if so be they shall once returne again to their right mind . Even as they who are restored to health do render thanks to their Physician , whom before they had hated , because he would not grant their desires whilst they were sick . But if Kings continue in their madness , who ever doth most obey them , is to be judged their greatest enemy . Of this sort are flatterers , who by flattering their vices do cherish and increase their disease , and at last together almost with Kings are utterly ruined . M. I cannot indeed deny , but that such Princes have been & may be restrained by Law-bonds . For there is no monster more violent and more pestiferous than man , when ( as it is in the Poets fables ) he is once degenerat into a beast . B. You would much more say so , if you consider how many wayes a man becomes a beast , and of how many severall monsters he is made . Which thing the old Poets did acuely observe and notably express , when they say that Prometheus in the framing of man did give him some particle out of every living creature . It would be an infinite work for me to relate the natures of all one by one . But certainly two most vile monsters do evidently appear in man , wrath and lust . But what else do Lawes act or desire , but that these monsters be obedient to right reason ? and whilst they do not obey reason , may not Lawes by the bonds of their sanctions restrain them ? who ever the● doth loose a King or any other from these bonds doth not loose one man , but throwes in against reason two monsters exceeding cruell and armeth them for breaking asunder the barrs of Lawes : so that Aristotle seemeth to have rightly and truely said , that he who obeyeth the Law , doth obey both God and the Law : but he that obeyeth the King , doth obey both a man and a beast . M. Albeit the●se things seeme to be said appositely enough yet I think we are in a mistake two wayes ▪ First , because the last things we have spoken seem not to agree well enough with the first ▪ Next , because , as we may well know w● seem not to have yet come to the main poin● of our debate . For a litle before we were a● agreement that the voice of the King and Law ought to be the same , here again we make him Subject to the Lawes . Now though we grant this to be very true , what have we gaine● by this conclusion ? for who shall call to a● account a King become a Tyrant ? for I fear priviledge without strength will not be po●werfull enough to restrain a King forgetfu●● of his duty , and unwilling to be drawn unt● judgment , to answer for maladministration . B. I fear ye have not well pondered what we have before debated concerning the royall power . For if ye had well considered it , you had easily understood what you now have said , that betwixt them there is no contradiction . But that you may the more easily take it up , first answer we , when a Magistrat or clerk doth utter the words of a proclamation before an Herauld . Is not the voice of both one and the same ? I say of an herauld and of a clerk ? M. It is the same indeed . B. Which of the two seeme greatest ? M. He who first doth utter the words . B. What is the King who is the Author of the Edict . M. Greater than both . B. Then according to this similitude let us set down the King , the Law , and the people . The voice is the same both of King and Law. Which of the two hath the authority from the other ? The King from the Law , or the Law from the King ? M. The King from the Law. B. From whence collect you that ? M. Because the King was not sought for to restrain the Law , but the Law to restrain the King. And from the Law he hath that , whereby he is a King , for without the Law he would be a Tyrant . B. The Law then is more powerfull than the King : and is as a Governess , and moderatrix both of his lust and actions . M. That is already granted . B. What ? Is not the voice of the people and the Law the same ? M. The very same . B. Which of the two is most powerfull , the people or the Law ? M. I think , the whole people . B. Why do you think so ? M. Because the people is as it were the parent of the Law , certainly the Author thereof , they being able to make or abrogat it , as they please . B. Seeing then the Law is more powerfull than the King , and the people more powerfull than the Law , we must see before which we may call the King to answer in judgment . Let us also discuss this . Are not the things which for some others sake are institute , of less account than those for whose sake they are required or sought ? M. I would have that more clearly explained . B. Follow me thus ; is not a bridle made for the horse sake ? M. It is so . B. Are not sadless , girdings and spurrs made for horses ? M. They are . B. Now if there were no horse , there should be no use of such things . M. None at all . B. A horse is then better than all these . M. Why not ? B. Why ? a horse , for what use is he desired ? M. For very many uses , and first of all for obtaining victory in war. B. We therefore do esteeme the victory to be of more worth than horses , armes and other things , which are prepared for the use of war. M. Of more worth indeed it is . B. What did men especially regard in creating a King ? M. The peoples good , as I suppose . B. But would there be no need of Kings , if there were no socities of men ? M. None at all . B. The people then is better than the King. M. It must needs be so . B. If the people to better , they are also greater . When a King then is called to judgment before a people , the lesser is called in to judgment before the greater . M. But when shall we hope for that happiness , that the whole people agree unto that which is right . B. That indeed is scarce to be hoped for . And to expect it , is certainly needless : otherwise a Law could neither be made , nor a Magistrat created . For neither is almost any Law alike to all , nor is there almost any man in that popular favour , so as to have no man either an enemy to him , or envious or slanderer of him ; this now is desired , that the Law be usefull for the greatest part , and that the greatest part have a good opinion of him that is to be chosen . What if the greatest part of the people may enjoyne a Law to be made , and creat a Magistrat , what doth hinder , but that they also may judge him , and appoint judges over him ? Or if the Tribunes of the people of Rome , and the Lacedemonian Ephori were sought to modify the power of Magistracy , should it seeme unjust to any man , if a free people , either upon the like or different account , did foresee their own good in suppressing the bitterness of Tyranny ? M. Now I seeme almost to preceive what a people can do : but it is a matter of difficulty to judge what they will do , or appoint to be done . For the greatest part almost doth require old and usuall customes , and hateth novelty , which the rather is to be admired , seeing there is so great an inconstancy in meat , apparell , buildings , and in all houshold furniture . B. Do not think that these things are spoken by me , that I would have any new thing in this Kind to be done , but that I might shew you it hath been of old , that a King should answer in judgment before Judges , which you did believe to be almost incredible , or at least a novelty . For to pass over , how often it hath been done by our Ancestors , as partly before we have said , and you may also easily collect from history ; did you never hear of those who contended for the Kingdome to have appealed to Arbiters ? M. I have indeed heard it to have been sometimes done amongst the Persians . B. And our writers affirme that the same was done by Grimas and Milcolumbus . But lest you alleadge that that Kind of Arbiters were wount to be assumed by the Contenders own consent , let us come to the ordinary Judges . M. Here I am afraid you may as far prevail , as if a man should spread nets in the sea to catch whales . B. Why so , I pray you ? M. Because all apprehending , restraint , and punishment is carryed on by the more powerfull against the weaker . But before what judges will you command a King to compear ? Before them over whom he hath the supream power to judge ? whom he can compesce by this one word , I Forbid ; B. What if some greater power be found which hath that right priviledge or jurisdiction over Kings , which Kings have over others ? M. I desire to hear that . B. We told you , if you remember , that this power is in the people . M. In the whole people indeed , or in the greatest part thereof . I also yeeld thus further , that it is in those to whom the people , or the greatest part of them shall transmit that power . B. You do well , in holding in my pains . M. But you know that the greatest part of the people is corrupted either through fear , or reward , or through some hope of a bribe and impunity , so as they preferre their own benefit and pleasures or lusts to the publick utility , and also safety . Now there are very few who are not hereby moved : according to that of the Poet. Good people are indeed rare , scarce so many in number , as there be gates in Thebes , or issues of the River Nilus . Now all the rest being a naughty rable fatned with blood and rapine enjoy their venal liberty , and envy the liberty of others . Now that I may pass from those with whom the name of wicked Kings also is sacred . I also omit those , who , albeit they are not ignorant what is Lawfull and just or right , yet preferre a quiet slougfulness to honest hazards , and hesitating in their minds do frame their consultations on the expectation of the event : or follow the good fortune of either party ▪ but not the cause . How great this multitude will be , you see . B. Great indeed : but yet not very great . For the wrong of Tyrants may reach many , but their good deeds very few . For the advarice of the vulgar is insatiable , as a fire is the more vehemently kindled by adding few all thereto ! But what is by force taken away from many , doth rather increase the hunger of some few , than satiat their lust . And further the fidelity of such men for the most part is unstable . As saith the Poet. Fidelity doth stand and fall with fortune . But if they would also continue firme in their judgment , they should not be accounted in the number of good subjects , for they are the violators , or rather betrayers of humane society : which vice if not sufferable in a King , is far less tolerable in a private person . Who then are to be accounted the right subjects ? they who give obedience to the Lawes , maintain and defend humane society , who rather undergo all paines and Labours , and all hazards for common safety , than spend their time sluggishly in idleness void of all honesty ? who set before their eyes not their present enjoyments , but the remembrance of eternity . But if there be any whom fear and self interest recall from hazards , yet the splendor of some notable atchievment , and the beauty of vertue will raise up dejected minds : and those who dare not be Authors or Leaders , will not decline to become associats . If therefore subjects be reckoned , not by number , but by dignity and worth , not only the better part , but also the greater part will stand for their liberty , honesty and safety . But if the whole common people dissent , this sayes nothing to our present debate : for we demand not what is to be done , but what may Lawfully be done . But now let us come to the ordinary judiciall sentences : M : That I just now look for . B : If any private man contend that his inheritance , or some part of his land is unjustly detained by the King , what do you think should this privat man do ? shall he pass from his land , because he cannot set a judge over the King ? M : Not at all , but he may command not the King , but his proxy to compear in judgment . B : Now see what strength that refuge hath whereof you make use . For it is all one to me , whether the King compear , or his proxy , or Advocat , for both wayes , the litis-contestation will redound to the Kings loss : the dammage or gain will redound to him not to his Advocat by the event of the sentence . In end he is found guilty , that is , he whose cause is agitat . Now I would have you consider not only how absurd it is , but also unjust to pass sentence against a King for a perty inheritance for lights in a house , or for ease droppings thereof , and no sentence to be past for parricide , witchcraft , or treason . To make use of the severity of the Law in lesser matters , and the greatest licence and impunity to be permitted in the greatest crimes . So that that old proverb seemes plainly true , Lawes are very like spiders webs , which hold flies fast , but let bigger beasts pass through , Nor is that complaint and indignation of some just , who say that it is neither honest nor equitable , that judgment should pass against a King by a man of an inferrour rank , seeing they see it received and admitted in debate about money or land ; and the greatest peers next to the King for the most part compear before the Judges , who are inferiour to them in riches , nobility , and valour . And not much above the vulgar rank : and far more below the guilty , than the greatest Peers are below Kings . Nor yet for all this do these Noble men , or Peers think it any derogation to their dignity . Now if we shall once admit this , that no man can be sisted before a judge , unless the judge be every way superior to the person arraigned , the inferiour rank must attend and wait on untill the King either please , or be at leisure , to cognosce concerning the guilty noble man , but what if their complaint be not only unjust , but also false ? For no man coming before a judge doth come before an Inferiour person , especially seeing so great an honour is by God himself conferred upon the order of Judges , that he calleth them not only Kings but also Gods , and as much as can be , doth communicat to them his own dignity . Therefore those Roman Popes , who did graciously indulge Kings to kiss their feet , who did send for honours sake to such as came to meet them , their mules , who did tread upon the neeks of Emperours , being called to answer in judgment , did obey , and being compelled by judges renounced their Popedome . John the twenty second being from flight brought back , was thrust into prison , and scarce at last relieved by money , and submitted to him that was put into his place , and therefore he did approve the sentence of the Judges . What did the Synode of Basile ▪ did it not appoint and ordain by the common consent of all the members thereof , that the Pope is subject to the Councill of Priests . Now these fathers were perswaded upon what account they did so , which you may find out of the Acts of these Councills . Kings then who confess the Majesty of Popes to be so far above them , as that it doth overshadow them all with the top of its celsitude , I know not how they think therein their dignity to be diminished , wherein the Pope did not think he was disparaged to descend from so high athrone , namely to stand to the judgment and sentence of the Cardinals : hereby you may see how falce their complaint is , who disdain to be arraigned at the bar of an Inferiour judge , for it is not Titius , Sempronius , or Stichus that doth in a judiciary way condemne and assoile , but the Law , to which Kings should yeeld obedience . The most famous Emperours Theodosius and Valentinianus accounted honourable . I shall here set down their own words , because they deserve the memory of all ages . It is ( say they ) a word well beseeming the Majesty of a King to confess he is a Prince tyed to the Lawes . And we declare that it is more to submit a principality to the Lawes than to enjoy an Empire . And what we now declare by this our edict , we will not suffer to be infringed . These things the very best Princes judged right and by Law established , and some of the worst see the same . For Nero being apparelled in the dress of Harpers , is said to have not only observed their carriage and motions , but also when it came to be judged who had done best , that he stood solicitous betwixt hope and fear for the victory . For albeit he knew he would be declared victor , yet he thought the victory would be the more honest , if he should obtain it , not by the flattery of the judges , but by due debate : and he thought the observation of the Law did contribute not for the diminution of his authority , but for the splendor of the victory . M : Your discourse , I perceive , is not so insolent , as at first I took it , when you said , you would have Kings obedient to the Lawes : for it is not so much founded upon the authority of Philosophers , as of Kings , Emperours and Councils of the Church . M : But I do not well understand that you say , it is not man but the Law that judgeth . B : Call to mind what was said a little before : did we not say , that the voice of the King and of the Law is the same ? M : We did so . B : What the voice of the Clerk , and Herauld is , when the Law is published ? M : The very same . B : But which of the two hath the authority from the other , whether the judge from the Law , or the Law from the judge ? M : The judge from the Law. B : The strength of the sentence is then from the Law , and the pronunciation of the words of the Law is alone the judges . M : It seemes so . B : Yea , there is nothing more certain , for the the sentences of judges pronounced according to the Law are ratified , else they are reseinded . M : There is nothing more true than that . B : You see then that the judges authority is from the Law , and not the Lawes authority from the judge . M : I see it is so . B : The Low and mean condition of him that proclaimeth the Law doth not diminish the dignity thereof , but the dignity of the Lawes is still the same , whether the King , a Judge , or an Herauld proclame it . M : It is so indeed . B. The Law then being once established , is first the voice of the King and then of others . M : It is so . B : Whilst then the King is condemned by a Judge , he seemes to be condemned by the Law. M : That is very clear . B : If by the Law , then he is condemned by his own voice , as seemes , no less than if it were written with his own hand . B : Why then do we so much weary our selves concerning a judge , seeing we have the Kings own confession , that is to say , the Law ? Let us also consider this , which is but presently come into my minde . When a King in what cause soever doth sit in judgment as a judge , should he not lay aside the person of all others , and to have no respect to brother , Kinsman , friend or foe , but retain only the person of a judge ? M : He ought so to do . B : Ought he not to remember that person only , whose proper act it is he is about . M : I would have you tell me that more clearly . B : Take heed then : when any man doth secretly take away another mans goods , what do we say he hath done ? M : I think , he hath stollen them . B : How do you call him for this deed ? M : A Thief . B : How do you say he hath done , who makes use of his neighbours wise , as him own ? M : We say he hath committed adultery . B : How shall we call him ? M : An Adulterer . B. How do we call him that judgeth ? M : A Judge . B. To others also after this manner from the actions they are about , names may berightly give . M. They may . B : When a King then is to pass a sentence , he is to lay aside all other persons . M : Indeed he should , especially those that may prejudge either of the parties in judging . B : How do you call him against whom the sentence is past , from that act of judgment ? M : We may call him , guilty . B : And is it not equitable that a judge lay aside such persons as may prejudge the sentence ? M : certainly he should , if so be , such persons be more regarded than the cause : yet such persons pertain not to a judge . Seeing God will have no respect to be had to the poor in judgment . B : If then any man , who is a painter or a Grammarian debate before a judge concerning the art of painting against a painter , he is not a Grammarian , for the science of grammer should not herein availe him . M : Nothing at all . B : Nor the art of painting availe the other , if the debate be concerning Grammer . M : Not a white more . B : A judge then in judgment must acknowledge but one name , to wit , of the Crime , or guilt , whereof the Adversary or plaintife doth accuse his party or defendant to be guilty . M : No more . B : What if a King be guilty of parricide , hath he the name of a King , and what ever doth belong to a judge ? M : Nothing at all , but only of a parricide , for he commeth not into controversy concerning his Kingdome , but concerning his parricide . B : What if two parricides be called to answer in judgment , the one a King , and the other a poor fellow , shall not there be a like way of procedure by the judge of both ? M : The very same with both , so that I think that of Lucan is no less true than elegantly spoken . Viz Cesar was both my leader and fellow in passing over the Rhine . Whom a malefice doth make guilty , it maketh alike . B : True indeed . The process then is not here carried on against a King and a poor man , but against their parricides : For then the process should be led on concerning the King , if it should be asked which of the two ought to be King : Or if it come into question , whether Hiero be King or a Tyrant , or if any other thing come into question which doth properly belong to the Kings function . Even as if the sentence be concerning a painter , when it is demanded , hath he skill in the art of painting . M : What if a King will not willingly compear , nor by force can be compelled to compear . B : Then the case is common with him as with all other flagitious persons . For no Thief or warlock will willingly compear before a judge to be judged . But I suppose , you know , what the Law doth permit , namely to kill any way a thief stealing by neight , and also to kill him if he defend himself when stealing by day . But if he cannot be drawn to compear to answer but by force , you remember what is usually done For we pursue by force and armes such robbers as are more powerfull than that by Law they can be reached . Nor is there almost any other cause of all the warres betwixt Nations people and Kings than those injuries which , whilst they cannot be determined by justice , are by armes decided . M : Against enemes indeed for these causes warres use to be carried on , but the case is far otherwise with Kings , to whom by a most sacred oath interposed we are bound to give obedience . B : We are indeed bound : but they do first promise that they shall rule in equity and justice . M : It is so . B : There is then a mutuall paction betwixt the King and his subjects . M : It seemes so . B : Doth not he who first recedes from what is covenanted , and doth contrary to what he hath covenanted to do , break the contract and covenant ? M : He doth . B : The bond then being loosed , which did hold fast the King with the people , what ever priviledge or right did belong to him , by that agreement and covenant who looseth the same , I suppose is lost . M : It is lost . B : He then with whom the Covenant was made becometh as free as ever he was before the stipulation . M : He doth clearly enjoy the same priviledge , & the same liberty . B : Now if a King do those things which are directly for the dissolution of society , for the continuance where of he was created , how do we call him ? M : A Tyrant , I suppose . B : Now a Tyrant hath not only no just authority over a people , but is also thier enemy . M : He is indeed an enemy . B : Is there not a just and Lawfull war wich an enemy for grievous and intolerable injuries ? M : It is for sooth a just war. B : What war is that which is carried on with him who is the enemy of all mankind , that is , a Tyrant ? M : A most just war. B : Now a Lawfull war being once undertaken wich an enemy , and for a just cause , it is Lawfull not only for the whole people to kill that enemy , but for every one of them . M : I confess that . B : May not every one out of the whole maltitude of mankind assault with all the calamities of war , a Tyrant who is a publick enemy , with whom all good men have a perpetuall warfare . M : I perceive all Nations almost to have been of that opinion For Thebe is usually commended for killing her husband , Timoleon for killing his brother , and Cassius for killing his Son : and Ful vius for killing his own son going to Catiline , and Brutus for killing his own sons and kinsmen , having understood they had conspired to introduce Tyranny again : and publick rewards were appointed to be given , and honours appointed by severall Cities of greece to those that should kill Tyrants . So that ( as is before said ) they thought there was no bond of humanity to be kept with Tyrants . But why do I collect the assent of some single persons , since I can produce the testimony almost of the whole world ? For who ▪ doth not sharply rebuke Domitius Corbulo , for neglecting the safety of mankind , who did not thrust Nero out of his Empire , when he might very easily have done it ? And not only was he by the Romans reprehended , but by Tyridates the Persian King , being not at all afraid , lest it should afterward befall an example unto himself . But the minds of most wicked men enraged wich cruelty are not so void of this publick hatred against Tyrants , but that sometimes it breaketh out in them against their will , and forceth them to stand amazed with terrour at the sight of such a just and Lawfull deed . When the Ministers of Casus Caligula a most cruel Tyrant were with the like cruelty tumultuating , for the slaughter of thier Lord and Master , and required those that had killed him to be punished , now and then crying aloud , who had killed the Emper , our : Valerius Asiaticus one of the Senators standing in an eminent high place from whence he might be heard , cryed out aloud : I wish I had killed him . At which word these tumultuary persons void of all humanity stood as it were astonished , and so fore bore any more to cry out tumultuously . For there is so great force in an honest deed , that the very lightest shew there of , being presented to the minds of men , the most violent assaults are allayed , and fierce fury doth languish , and madness nill it will it doth acknowledge the soveraignty of reason . Neither are they of another judgment , who with their loud cryes mixe heaven and earth together . Now this we do easily understand either from hence , that they do reprehend what now is done , but do commend and approve the same seemingly more atrocious , when they are recorded in an old history : and thereby do evidently demonstrat ( that they are more obsequious to their own particular affections , than moved by any publick dammage . But why do we seek a more certain witness what Tyrants do deserve , than their own Conscience ? thence is that perpetuall fear from all , and chiefly from good men : and they do constantly see hanging above their own necks the sword which they hold still drawn against others , and by their own hatred against others they measure other mens minds against them . But contrariwise good men , by fearing no man do often procure their own hazard , whilst they weigh the good will of others towards them , not from the vicious nature of men , but from their own desert towards others . B : You do then judge that to be true , that Tyrants are to be reckoned in the number of the most cruell brute beasts ; and that Tyrannicall violence is more unnatuall than poverty , sickness , death , and other miseries which may befall men naturally . M : Indeed when I do ponder the weight of your reasons , I cannot deny , but these things are true . But whilst hazards and in conveniences do occurre , which follow on the back of this opinion , my mind as it were tyed up with a bridle , doth instantly I know not how , faile me , and bendeth from that too stoicall and severe right way towards utility , & almost falleth away . For if it shall be lawfull for any man to kill a Tyrant , see how great a gape you do open for wicked men to commit any mischief , and how great hazard you creat to good men : to wicked men you permit licentiousness , and le ts out upon all the perturbation of all things . For he that shall kill a good King , or at least none of the worst , may he not pretend by his wicked deed some shew of honest and Lawfull duty ? or if any good Subject shall in vain attempt to kill a Prince worthy of all punishment , or accomplish what he intended to do , how great a confusion of all things do you suppose most needs follow there upon ? Whilst the wicked do tumultuat , raging that their head and leader is taken away from them , neither will all good men approve the deed , nor will all those who do approve , the deed , defend the doer and author of their liberty against a wicked crew . And many under an honest pretext of peace will vaile their own laziness , or rather calumniat the vertue of others , than confess their own slothfulness . Surely this remembrance of self interest , and excuse of leaving the publick cause , and the fear of dangers , if it doth not break the courage , yet it weakneth the same , and compelleth it to preferre tranquillity , albeit not very sure , to an uncertain expectation of liberty . B : If you well remember what is before spoken , this your fear will be easily discussed . For we told you that there be some Tyrannies allowed by the free suffrages of a people , which we do honour with royall titles , because of the moderat administration . No man , with my will , shall put violent hand on any such , nor yet on any of those , who even by force or fraud have acquired soveraignty , providing they use a moderat way in their government . Such amongst the Romans were Vespasianus , Titus , Pertinax ; Alexander amongst the Grecians , and Hiero in Syracusa . Who albeit they obtained the Government by force and armes , yet by their justice and equity deserved to be reckoned amongst just Kings , Besides , I do only shew what may be Lawfully done , or ought to be done in this case , but do not exhort to attempt any such thing . For in the first a due consideration of the case , and a clear explanation thereof is sufficient : but in the last there is need of good counsell in undertaking , of prudence in assaulting , and courage in acting . Now seeing these things are either promoved or overturned by the circumstances of time , person , place , and other instruments in carrying on the business : if any shall rashly attempt this , the blame of his fault can be no more imputed to me , than his fault to a Physician , who hath duely described the remedies of diseases , but were given by another to the patient unseasonably . M : One thing seemes yet to be wanting to put an end to this dispute which if you shall add , I shall think I have received a very singular Kindness of you : the matter is this , let me understand , if there be any Church Censures against Tyrants ? B : You may take it when you please out of the first Epistle of Paul to the Corinthians , where the Apostle doth forbid to have any fellowship either at meat or discourse with openly lewd and flagitious men . If this were observed amongst Christians , such lewd men , unless they did repent , might perish by hunger , cold , and nakedness . M : A grievous sentence indeed that is . But I do not know if a people , that allow so much liberty every way to their Rulers , will believe that Kings should be punished after this manner . B : Surely the Ancient Ecclesiastick writers without exception did thus understand that sentence of Paul. For Ambrose did hold out of the Assembly of the Christians Theodosius the Emperour , and Theodosius obeyed the said Bishop : and for what I know , Antiquity doth more highly extoll the deed of no other so much , nor is the modesty of any other Emperour more commended . But to our purpose , what difference is there betwixt the exclusion out of Christian fellowship , and the interdiction from fire and water ? this last is a most grievous sentence imposed by Rulers against such as refuse to obey their commands : and the former is a sentence of Church men . Now the punishment of the contempt of both authorities is death : but the Secular judge denounceth the death of the body , the Ecclesiastick judge denounceth the destruction of the whole man. Therefore the Church will not account him worthy of death , whom it doth expell out of the fellowship of christians , while he is alive , and banisheth him into the fellowship of Divils , when dead . Thus according to the equity of the cause I think I have spoken abundantly , if therewith any Forrainers be displeased , I desire they would consider how unjustly they deal with us . For whilst there be many Nations both great and wealthy in Europe , having all their own peculiar Lawes , they deale arrogantly who would prescribe to all that modell and forme of government which they them selve● enjoy . The Helvetians government is a common wealth , Germany useth the name or Title of Empire , as a lawfull government . Some Cities in Germany , ( as I am informed ) are under the rule of Princes . The Venetians have a Seignory tempered of these . Muscovia hath a very Tyranny in stead of government . We have indeed but a little Kingdome , but we enjoy it these two thousand years free of the empire of forrain Nations . We did Creat at first Lawfull Kings , we did impose upon our selves and them equall and just Lawes , the long continuance of time doth shew they were usefull . For more by the observation thereof than by force of armes hath this Kingdom stood intire hitherto : Now what iniquity is this , that we should desire either to abrogat , or neglect the Lawes , the good whereof we have found by experience for so many ages ? Or what impudence is that in others , that where as they cannot scarce defend their own government , endeavour to weaken the state and good order of another Kingdome ? What ? are not our Lawes and statutes usefull not only to our selves , but also to our neighbours ? For what can be more usefull for keeping peace with our nearest neighbours , than the moderation of Kings ? for from immoderat lust unjust wars are for the most part rashly undertaken , wickedly prosecuted and carried on , and shamfully with much disgrace left off . And further , what more hurtfull can there be to any Common wealth , than bad Lawes amongst their nearest neighbours , whereof the contagion doth usually spread far and wide ? And why do they thus trouble us only , seeing so many Nations round about have their severall Lawes and statutes of their own , and no Nation hath altogether the same Lawes and statutes as others about them have ? and why are they now offended at us , seeing we make no new Law , but continue to observe what we had by an ancient priviledge ? and seeing we are not the only persons , nor the first persons , nor yet is it at this time that we make use of our Lawes . But our Lawes are displeasing to some . Perhaps their own Lawes displease them also . We do not curiously enquire what the Lawes of other Nations are . Let them Leave us our own well known by the experience of so many years . Do we trouble their Councills ? or in what business do we molest them ? But you are seditious , say they . I could freely give them an answer : what is that to them ? we are timultuous at our own perrill , and at our own dammage . I might enumerat a great many seditions that are not hurtfull either to Common wealths or Kingdoms . But I shall not make use of that defence . I deny any Nation to be less seditious than we . I deny that any Nation hath ever been more moderat in seditions than we . Many contentions have fallen out for Lawes , and right of government , and administration of the Kingdome , yet the main business hath been still kept safe . Our contentions never were , as amongst many others , with the destruction of the people , nor with the hatred of our Princes , but only out of love to our own countrey , and desire to maintain our Lawes . Hovv often in our time have great armies stood in opposition to one another ? hovv oft have they retired and vvithdravvn from one another , not only vvithout vvound , but vvithout any harme , yea vvithout so much as a reproach ? Hovv often hath the publick utility setled the private grudges ? hovv often hath the rumor of the enemies approach extinguished our intestine hatred and animosity ? In all our seditions vve have not been more modest than fortunat ; seeing for the most part the party most just hath been alvvayes most fortunat : and even as vve have moderatly vented our hatred , so have vve to our prof●t and advantage condescended to an agreement . These things at present do occurre , vvhich might seeme to compesce the speeches of malevolents , refute such as are more pertinacious , and may satisfy such as are of a more temperat disposition . But by vvhat right other Nations are governed , I thought it not much to our purpose . I have briefly rehearsed our ovvn vvay and custome , but yet more amply than I intended , or than the matter did require : because I undertook this pains or you only . And if it be approved by you , I have enough . M : As for me , you have abundantly satisfied me : but if I can satisfy others also , I shall think I have received much good by your discourse , and my self eased of very much trouble . FINIS . 
A26656	----	Medulla historiæ Scoticæ being a comprehensive history of the lives and reigns of the kings of Scotland, from Fergus the First, to Our Gracious Sovereign Charles the Second : containing the most remarkable transactions, and observable passages, ecclesiastical, civil, and military, with other observations proper for a chronicle, faithfully collected out of authors ancient and modern : to which is added, a brief account of the present state of Scotland, the names of the nobility, and principal ministers of church and state, the laws criminal : a description of that engine with which malefactors are tortured, called the boot. Alexander, William, fl. 1685-1704. 1685 Approx. 330 KB of XML-encoded text transcribed from 127 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A26656 Wing A917 ESTC R21197 12226435 ocm 12226435 56522 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A26656) Transcribed from: (Early English Books Online ; image set 56522) Images scanned from microfilm: (Early English books, 1641-1700 ; 621:11) Medulla historiæ Scoticæ being a comprehensive history of the lives and reigns of the kings of Scotland, from Fergus the First, to Our Gracious Sovereign Charles the Second : containing the most remarkable transactions, and observable passages, ecclesiastical, civil, and military, with other observations proper for a chronicle, faithfully collected out of authors ancient and modern : to which is added, a brief account of the present state of Scotland, the names of the nobility, and principal ministers of church and state, the laws criminal : a description of that engine with which malefactors are tortured, called the boot. Alexander, William, fl. 1685-1704. [15], 233, [5] p. : port. Printed for Randal Taylor ..., London : 1685. Advertisement: prelim. p. [13] and p. [2]-[5] at end. Includes bibliographical references. First edition. Dedication signed: W.A. Ascribed to William Alexander. Cf. Halkett & Laing (2nd ed.). Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Nobility -- Scotland -- Registers. Scotland -- Kings and rulers. Scotland -- History. 2005-08 TCP Assigned for keying and markup 2005-10 SPi Global Keyed and coded from ProQuest page images 2006-06 Ali Jakobson Sampled and proofread 2006-06 Ali Jakobson Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion His Royal Highness IAMES DUKE of Alban● , and Yorke , only Brother to his sacred Mayesty , Lord High Com̄issioner of Scotlan● Medulla Historiae Scoticae : Being a Comprehensive HISTORY OF THE Lives and Reigns OF THE KINGS OF SCOTLAND , FROM FERGVS the First , to our Gracious Sovereign CHARLES the Second . CONTAINING The most Remarkable Transactions , and Observable Passages , Ecclesiastical , Civil , and Military , with other Observations proper for a Chronicle ; faithfully Collected out of Authors Ancient and Modern . To which is added , A brief Account of the Present State of Scotland , the Names of the Nobility , and Principal Ministers of Church and State , the Laws Criminal : A Description of that Engine with which Malefactors are Tortured , called the BOOT . LONDON , Printed for Randal Taylor , near Stationers Hall , 1685. To the Most Noble JAMES Earl of Perth , Lord Drummond , and Stobhall , &c. Lord Justice General of the Kingdom of SCOTLAND , One of the Extraordinary Lords of the SESSION , and one of the Lords of His MAJESTIES Most Honourable PRIVY COUNCIL in that KINGDOM . THIS Compendious History of the KINGS of Scotland , is Most Humbly Dedicated by Your Lordships Most Humble , most Faithful , and most Obedient Servant , W. A. TO THE READER . I Shall not detain the Generous Reader with Flourishes upon the Grandeur , and Glory of the Scotish Crown , nor tell you that it may Vie Antiquity with the Ancientist Monarchy of the Vniverse , that I leave to your Vmpirage , when you have compared the following sheets with the Histories of other Nations . Only thus far I will assure you that Scotland will be found to be a Country Pregnant of Wonderfull Changes , and Revolutions , a Theatre whereon Divine Providence has I Exhibited divers remarkable Instances , of it's Peculiar Care over Crowned Heads , and where all Treason and Disloyalty has been persued with utter ruine and Destruction . It can show a Race of Kings Vnparallel'd for their Bravery , and Gallantry in the Defence of their Country , and Protection of their Allies , and for their Heroicism in Assisting and redresing the Miserable and Opprest . But I leave their own Acts , as represented in the following Mirrour to make good my assertion , and shall proceed to offer something in my own Vindication , for I am liable to some Reprehension for Cramming so Large , so Bulky a History into so small a Volum , but if it be considered that all the Curious have neither the leisure to peruse nor the means to provide a larger , I hope I shall need no farther Apology upon that point , nor need I advocate much for differing much from many Authors , as to the Origin of our Nation , since I have followed the most Authentick , and have only vary'd from those whose writings are vanished with Monckery , and savour more of the Legend than true History . Besides the plain bomespun manner wherein all these matters are deliver'd , will disgust several who only delight in what is Flaunting and Trick'd up with all the Ornaments and Gawdiness of Rhetorick and Elocution ; but be it known I fitted my stile for the Capacities of Vulgar Readers , such as becomes a History , not a Panegyrick , and what squars best with the Tongue of both Kingdoms , wherein there was never yet any Chronicle publish'd of the Realm of Scotland ; so as that those who were unacquainted with the Latin , were excluded from the knowledge of the Primitive state of so Illustrious a Kingdom . After having fitted this account for the Common use by divesting it of a Pompous Dress and a too Stately Dignity of stile , my Chief Care was to avoid Partiality , by a stedy and Cauterous stearing between Buchanan and Bishop Lesley , Seylla and Charybdis , where vast Funds of Wit and Learning might easily have wrought the shipwrack of an unwary Pilot ; so that tho' a great part hereof is a translation of Eminent Authors , yet I left my Originalls when I found 'em bias'd , and avoiding their Extreams boul'd directly to the Block . THE Introduction , HIstory has been reckon'd , one of the most Generous amusements of the greatest Personages , and the loftier the Subject , the more agreeable the Entertainment . Now for the Advantages , and Dignity of a Scotish Chronicle ; I will not so much insist upon it's Novelty , and the wonderful Vicissitudes it contains , as the Preheminency of that Crown , over all Common-wealths , Empires and Monarchies , which , by stating their several Claims and Pretences , will sufficiently be made appear . The Emperor Challenges the first Rank , as succeeding to the Roman Emperors , who are supposed to have been universal Monarchs ; the French King pretends also to it , upon the Account of his being Stiled the most Christian King , with other such Pretences . The King of Spain also pleads it , as his Right ; being the most Catholick King , and King of manyest Kingdoms . In this Debate of theirs , we are not a little concerned ; our business therefore shall be to prove : First , that the King of Great Britain hath an unquestionable Right of Precedency to all the above named Princes : Secondly , that he hath it it as King of Scotland . First , he founds his Precedency to them all , 1. Upon his being a absolute Monarch of the Isle of Great Britain , which was first Christian , 2. Upon his being one of the Quatuor nucti , which were before all other Kings , 3. That having Conquered France , he hath Right to all it's Titles , by which he carries it clear from the Spaniard , or any other Competitor , and Lastly , that it was granted him , even as King of England by the Popes themselves , in the General Councils ; so that had they not relinquished his Papacy , it is like his Holiness , had not as yet questioned their Title to it . II. His Majesty as King of Scotland , may justly claim the Precedency from all those Princes ; it being by Lawyers declared the uncontroverted use of Precedency , That amongst those of equal Dignity , he who first attained to that Dignity , is to be preferred , This being a Rule among others Dignities , we see no reason , but that it should hold here . This being granted , I subsume that the King of Scotland , being equal in Dignity with the Kings of England , France and Spain , attained to that Dignity , before either of them , for the first King of Scotland Reigned about three hundred and thirty years before the birth of Christ : Whereas the English Historians Confess , that they cannot reckon higher than eight hundred years after Christ : Nor can either the French , or Spaniard come up to the English , for the French take the Origine from Hugh Capi , who Usurped that Crown , Anno. 987. And the Spaniards from Rudolphus King of the Romans , Elected 1273. But here it is objected by some , that the Kings of Scotland , were Vassals to the Kings of England , and did them Homage for the Crown of Scotland , and so can Claim no Precedency amongst any free Princes , far less amongst such as are of the first magnitude . This some English Historians do with great Confidence aver ; but that their Ignorance , or Malice , or both may appear , we are Content to refer the matter , not only to the Respect the General Councils gave to the Representatives of the Kings of Scotland , which was only due to free Princes , together with the Judgment of Forreign Princes , Lawyers , and Historians about it ; but also to the acknowledgment of the Kings of England themselves , ( 1. ) King Henry of England , having intreated the Assistance of Alexander King of Scotland , against Simeon Earl of Leicester , did by Letters under his hand , publickly declare , that he did not crave this Assistance , as Superior , to which Superiority , he had no pretence , but to which is very Considerable , the King and Parliament of England , have treated with the Ambassadors of Scotland ; whereas no Superior can Treat with his own Vassal , as a Forreigner . We freely Grant that the Kings of Scotland did hold the Lands of Northumberland , Cumberland , and Westmerland , in Capite of the Crown of England , which yet was no Disparagment to them ; that being most ordinary amongst Sovereign Princes , for thus Henry King of England , and several others of their Kings , did Homage to the Kings of France , for the Provinces possest by them in France ; as the King of Spain also doth , this day to the Pope , for Naples and Sicily . And yet the Homage done for those Countries have been the occasion of an Ignorant mistake in some , and a malicious Pretence for others , to Mis-represent it , as done for the Kingdom of Scotland . Advertisement . By reason of the Authors absence from the Press ; several Faults have escaped , which the Reader is desired to amend . A List of the KINGS of SCOTLAND . 1 FErgus . 2 Ferithar . 3 Main . 4 Dornadill . 5 Hothat . 6 R●ther . 7 Rutha . 8 Thereus . 9 Josine . 10 Finnane . 11 Durst . 12 Euen . 1 13 Gill 14 Euen . 2. 15 Eder . 16 Euen . 3. 17 Metelan . 18 Caratack . 19 Corbred . 1. 20 Dardan . 21 Corbred . 2. 22 Luctack . 23 Mogald . 24 Conar . 25 Ethod . 1. 26 Satrael . 27 Donald . 1. 28 Ethod . 2. 29 Athirck . 30 Nathalock . 31 Findoch . 32 Donald . 2. 33 Donald . 3. 34. Crathilinth . 35 Fincormach . 36 Romach . 37 Angusian . 38 Fethelmach . 39 Ewen . 1. 40 Fergus . 2. 41 Ewen . 2. 42 Dongard . 43 Constantine . 1. 44 Congall . 1. 45 Goran . 46 Ewen . 3. 47 Congall . 2. 48 Kinnatell . 49 Aidan . 50 Kenneth . 51 Ewen . 4. 52 Ferchard . 1. 53 Donald . 3. 54 Ferchard . 2. 55 Maldwine . 56 Ewen . 5. 57 Ewen . 6. 58 Amberkelleth . 59 Ewen . 8. 60 Mordach . 61 Etfin . 62 Ewen . 7. 63 Fergus . 3. 64 Solvat . 65 Achaius . 66 Congall . 3. 67 Dongall . 68 Alpine . 69 Kenneth . 2. 70 Donald . 5. 71 Constantine . 2. 72 Eth. 73 Gregory . 74 Donald . 6. 75 Constantine . 3. 76 Malcolm . 1. 77 Indulf . 78 Duff . 72 Culen . 80 Kenneth . 3. 81 Constantine . 4. 82 Grim. 83 Malcolm . 2. 84 Donald . 7. 85 Macbeth . 86 Malcolm . 3. 87 Donald Bane . 88 Duncan . 89 Edgar . 90 Alexander . 1. 91 David . 1. 92 Malcolm . 4. 93 William . 94 Alexander . 2. 95 Alexander . 3. 96 John Balliol . 97 Robert Bruce . 98 David . 2. 99 Edward Balliol . 100 Robert. 2. 101 Robert. 3. 102 James . 1. 103 James . 2. 104 James . 3. 105 James . 4. 106 James . 5. 107 Henry Stewart , and Mary Stewart . 108 James . 6. 109 Charles . 1. 110 Charles . 2. AN EPITOME OF THE HISTORY OF SCOTLAND . THe Scots by the most judicious Writers , and by those who have most carefully studied , not only their own Antiquities , but those of other Nations are acknowleged ( although they be not of the greatest ) to be undoubtedly among the most antient People in Europe . But to speak more particularly of their antient Nation , we must know that the whole Island 〈◊〉 , it is a part , was at first called Albion , or Albium : As Theophrastus , Ptolomy , Tacitus and Seneca tells us , which Name the true race of the ancient Scots retain to this day , calling the ancient Country Albin , and themselves Albinich , always keeping their primitive Name notwithstanding of the many different People , that have since inhabited it . The Etymology of this Name is disputed by many , but it seems to be really derived from Alb , or Alp , signifying a Hill or high place . The antient Inhabitants of the Northern parts of this Island were called Scots , who were divided into two sorts , the one who were the first Possessors , and this Posterity doth inhabit it to this day , were called the Scoto-Brigantes . Some have taken upon them to be very accurat , in giving an Account of their descent , and the manner of their coming hither , even from the far ends of the Earth ; but with so little appearance of Truth , that I will not put my Reader nor my self to the trouble to refute it . The most probable Conjecture , and that which carrieth most Evidence with it is , that these first Inhabitants came in Colonies from Spain to Ireland ( nor is it improbable , that these Colonies were Originally from France ) who either for want of Accommodation to live at home , or being thrust out by stronger hands came over to Ireland , where they continued long , for either themselves or their Children desirous of new Habitations , transported themselves to the north Islands , where they continued in an unsetled Course of Life for a long time ; the time of their entring Albion , is said to have been from the Creation , about 3530 years . The first place they took Possession of was Argyle , they being divided into sundry Tribes , elected every Tribe their own Captain , to govern them in Peace and War , this very name they had in great Veneration . Then after , about 150 ( as some write ) a German , or as Beda saith , a Scythian Navy arrived upon the coast of Ireland ; being as is probable , beat thither by a Tempest , having neither Wives or Children with them ; the men were in want of every thing , having by tedious Sailing consumed all their Provision . They sent to the Inhabitants , desiring they might have a residence among which they told them , they could not afford in regard of the Barrenness of the place , and the multitude of Inhabitants that possess it already ; but that there was a habitable Land called Albion , not far from them , whether they might go ; it being for the most part , as yet un-inhabited , and such as did inhabit it , like to ruin one another by civil Discords Those men ( afterward called Picts following their Advice , set Sail and came to that part of Albion that lyes toward Germany ; and having Landed , soon beat out the Inhabitants , and made them draw themselves within less bounds . Possessing themselves of Caithness , Ross , Murray , Merus , Angus , Fiffe and Lothian , together with Orkney , which some say was their first Habitation . They were a civil People , Ingenious and Crafty , both in Peace and War. Having fixed their residence , they sent Messingers to the Scots , desiring their Daughters in Marriage , alledging that if they condescended , it would highly conduce to the Welfare of both of them ; being thereby made strong , for either an offensive or defensive War , with any of their Neigbours . This message the Scots at first rejected , but upon mature Deliberation they condescended : So having agreed upon the Terms , which were that they should concur with all their Forces , when they were invaded , and as often as the Crown of Picts came to want an Heir , the next of the Womans blood should succeed ; the Scots gave their Daughters in Marriage to them : But the Brittons who inhabited the South parts of the Island , suspecting that this affinity between the Scots and the Picts , might tend to their prejudice , sent Ambassadors to the Picts , perswading them to break with the Scots ; by this means the Scots suffered extreamly , many of their People who dwelt among the Picts , being surprized and cut off , in Compensation of which they cut off , as many of the Picts as they could catch ; thus they for a long time wasted one anothers Country with continual Incursions , at last they resolved to put it to the hazard of a General Battle . The Scots assembling in Argyle , consulted what was fit to be done , and considering that they had not only to do with the Picts , but with the Brittons also ; therefore it was agreed to send Ambassadors to Ireland , to have the Advice and Assistance of their old Friends , and Progenitors in this Affair , and finding that by having many supreme Captains , Sedition and Division increased amongst them , they resolve to elect one to have the supreem Government over the rest . Their Ambassadors arriving in Ireland , and representing their condition to Ferchard King of Scots , he was much concerned at the wrongs done them , therefore he sent his Son Fergus a wise and valiant Prince , accompanied with many gallant Soldiers ; sending with him also the fatal Marble Chair for his incouragement : Upon his arrival he called a Councel in Argyle , where having made an elegant Oration , he was by Unanimous Consent elected King of the Scots . 1. Thus Fergus the first King of Scots , was Crowned in the fatal Marble Chair , which he brought with him from Ireland , in the year from the Creation 3641. before the coming of Christ 330. about the beginning of the fourth Monarchy , when Alexander the Great vanquished Darius the last Persian Monarch . Soon after the Picts assisted by the Brittons , invaded the Country against them , the King most valiantly took the Field with his fierce Scots ; when the two Armies approached one another , the Brittons stood off in Battle Array , resolving that when the Scots and Picts had sufficiently weakened one another in Battle , to break in upon them , and destroy them both ; this by a Fugitive Britton was discovered to Fergus , whereupon he desired an interview with the King of Picts ; wherein , representing the eminent hazard that both of them were in , by the Treachery of the Brittons , after mature Deliberation ; it was determined that they both should convert their Arms against the Brittons , this resolution was most pleasing no doubt to the Picts Wives , to see their Husbands and their Fathers agreed . The Brittons seeing this disappointment of their hopes break upon the Picts , pillaging and spoiling at their Pleasure , which when Fergus heard of , he went against them , and with the Assistance of the Picts , he totally routed them killing their King , his Name was Coil with many of his Nobles : Upon this Victory the Nobles and Subjects agreed , that Fergus and his Posterity , should inherit the Crown of Scotland for ever , whereupon Charters and Evidences were granted to them , ratifying the same . The Kingdom of Scotland being thus confirmed to Fergus and his Successors , he with Advice and Consent of his Councel divided the whole Land , then inhabited by the Scots among his Nobles and Captains , making many Laws to repress Vice and Disorders : Not long after he was chosen Arbitrator , to determine some high Controversies amongst his Friends in Ireland ; whereupon he went thither , accompanied with many of his Nobles , and setled all their Debates . But returning home , he was by a tempestuous Storm driven upon a Rock in the Sea , where he and all the Nobles in his Company perished , this Rock is called after his Name Carrib-Fergus : Thus dyed this brave and valiant Prince , in the five and twentieth Year of his Raign , to the unspeakable Grief and loss of his Subjects . 2. Fergus being dead , left two Sons behind , him Ferlegus and Atainus , neither of which were capable presently to manage the Government , because of their tender years : Whereupon a Convention was holden by the Nobles , for electing of a King , wherein some were for choosing one of the late Kings Children ; alledging , that they were bound by Oath to continue the Crown in Fergus his Succession ; others aggravated the Danger both at home and abroad , under the Government of a Child . At length , after a long Debate it was enacted , that when it happened their King should dye , ( the Heirs begotten of his Body , being Children ) the nearest of the Royal Blood , being the best qualified for doing of Justice should succeed , and possess the Crown for his time ; and after his Death , the former Kings Son to succeed without any impediment , if he is found fit for Government . This Law was in Force till the Reign of King Malcom the third . Thus by this Law Feritharis Brother to Fergus the late King was chosen , who begun his Reign in the Year of the World 3666. before the coming of Christ 305 Years , from the beginning of the Reign of Scotland 26. Feritharis Reigned fifteen years with such Equity and Modesty , that his Subjects found him an excellent King , and his Nephews an excellent Tutor ; but at length Ferlegus having an itching after the Government , and having got some loose young Men upon his side , went to his Uncle and boldly demanded the Kingdom from him , alledging that he enjoyed it , only by way of trust , during his Minority . Feritharis upon this called a Convention of the Nobles , where he willingly offered to resign the Kingdom , in Favours of his Nephew ; but they being sensible how happy they had hitherto lived , under his Government , and knowing that the other was of a rude untractable disposition , by no means would hear of it ; soon after there was a Conspiracy discovered against the Kings Person , managed by Ferlegus and some others : Whereupon he was presently arraigned and found Guilty , but his Fathers memory , his Uncles desire to the Parliament , prevailed to have him pardoned , and committed only to the keeping of some , who were commanded to take special notice of all his Actions , but he found a way to deceive his Keepers , and make his escape ; he first fled to the Picts , then to the Brittons , where he spent the rest of his days in great Misery , within a Month after , Feritharis dyed , not without Suspicion of being poysoned by some of his Nephews Accomplices , which so inraged the Nation against him , that his very Memory was hateful . 3. Mainus Fergus his second Son , succeeded , in the Year of the World 3680. before Christ 291. After the beginning of the Reign forty one . He was a noble Prince , and a severe Justitiary , he renewed the old League , with Crinus King of Picts , he dyed peaceably the 29th . Year of his Reign . 4. His Son Dornadill succeeded him in the Government in the Year of the World 3079. before Christ 262. after the beginning of the Reign seventy , he followed his Fathers Foot-steps in Equity and Justice , but was more given to Pastimes ; especially Hunting ; he is said to have made several Laws about Hunting , which the Ancient Scots observe to this day , he dyed peaceably the 28. year of his Reign . 5. Dornadilles eldest Son , being yet a Child and not fit to Govern , the People set Hothat his Brother upon the Throne in the year of the World 3738. before Christ 233 after the beginning of the Reign 98. He proved a monstrous Tyrant , taking Pleasure in nothing more than in murthering his Nobility , and destroying his People by all the means that he could devise , till at last one Dowall a Gallaway man , having gathered together a Company of disaffected Persons came boldly to the King , telling him how grievous his Government was to the People , because of his Oppression , and therefore desired him to resign the Crown ( which he was unfit to wear ) to such as had a better Title to it ; the King tho' surprized by his Enemy , yet no ways daunted , told him , that whatever was done by him during his Government , was done by Royal Authority , and if it was grievous to the Subjects , they had their own obstinacy to blame for it , hereupon Dowall presently fell upon , and killed him after he had Reigned twenty years . 6. Rewther the Son of Dornadilles , was by Dowals Faction made King without the Peoples Consent , in the year of the World 3758. before Christ 213. after the Reign 118. the Nobles took this very ill . And as for Hothat , tho' they knew that he deserved the worst kind of Death , yet they did not approve of this Fact , as being of bad Example ; they knew also , that what Dowal did , was for his own ends , as afterward appeared . Hothat's Relations taking the advantage of the Peoples dissatisfaction stirred them up by all means , to make War upon Dowall ; at length , they draw to Arms under the Command of Ferguhort , Hothat's Son-in-Law , and Captain of Kintire and Lorn . Dowall came against them with great Power , accompanied with the young King , the King of Picts , and many others of his Friends . There followed a most cruel Battel , where after two several Engagements in one day , Dowall was utterly defeated , himself , the King of Picts , together with all the chief of the Claws were killed upon the place . Reuther the young King was pursued , and taken at the Castle of Callender , but very civilly used . The consequences of this unhappy day , were most fatal both to Scots and Picts ; not having Men enough left alive to inhabit the Realm , or to withstand their Enemies , upon which the Brittons took occasion to invade them , but they no wise being in Case to resist them , after several bloody Skirmishes , were forced to betake them to the Mountains ; the King of Scots went into Ireland , and the King of Picts to Orkney , whereafter twelve years Misery , they resolved once more to try their Fortune , and returning home , the one from Ireland , the other from Orkney ; they joyned Battle with their old Enemies , the conflict was so terrible , that none of the parties could boast much of the Victory . However , the up-shot of the matter was , a Peace was concluded , and the Scots , and Picts re-installed in their old Possessions . This King dyed in the twenty six year of his Reign , having left one Son begotten by Gethus the King of Picts his Daughter . 7. But he being young and not fit to Reign , being scarcely ten years of age , Reutha his Fathers Brother succeeded in the year of the World 3784. before Christ 187. after the beginning of the Reign 144. he instituted divers Laws , which are in Force among the old Inhabitants to this day ; and having Reigned seventeen years with great applause , either for his want of Health , or Love of Solitariness , or for fear of Thereus , Reuthers Son , whom he knew to have an itching after the Crown he resigned . 8. Thereus succeeded in the year of the World 3799. before Christ 171. after the Reign 158. The first six months he Governed pretty moderately , but he suddenly brake loose , giving reins to all kinds of of wickedness , causing Slanders and Calumnies to be raised against his Nobles , and under this pretence cruelly Murthering them ; but at last the people not able to endure his Tyranny , degraded him of all his Honours . Covan Captain of the Brigants , was made Governor , who Governed very wisely , about the space of eleven years , at which time being informed , that Thereus had dyed at York , he resigned the Government . 9. Josina the Kings Brother succeeded to the Crown , the year of the World 3818. before Christ 161. after the Reign 170. He was a peacable and good King , it is observed of him , that he highly esteemed Physitians , being himself very expert in that Science , whence it came to pass that for many Ages after , the Heads of Families and Men of worth , were for the most part excellent Physitians : He dyed in a good Age , after he had Reigned twenty four years . 10. To him succeeded his Son Finnan , in the year of the World 3834. before Christ 137. after the Reign 194. This Prince followed his Fathers Foot-steps , he studied nothing more than to gain the Hearts of his Subjects , and to maintain his Royal Dignity , more with Clemency than Force : That he might prove an effectual Enemy to Tyranny , he made a Law that Kings should command nothing of great weight , in the state without Advice of their Parliament , he dyed the thirtieth year of his Reign . 11. Durstius his Son succeeded Finnan , A. M. 3864. before Christ 107. after the Reign 224. A Flagitious and wicked Tyrant , he banished his Fathers Friends from the presence , because they advised him to leave off his lewd Courses . Having prostituted his Wife , who was Daughter to the King of the Brittons to his Companions , he repudeated her . But soon after , it was discovered , that he was carrying on a Conspiracy against his Nobles , and knowing that he could have no shelter , either at home or abroad ; having been so cruel , he feigned a sincere Repentance of his former wickedness , calling home his Queen , promising by Oath to his Nobles , that he would no longer follow his Irregular Courses ; which they readily believing , forgot all former Injuries , but not long after having invited them , to make them merry with him , when he got them all together , he caused a Company of Ruffians to fall upon them and Murther them . The noise of this heinous Act going all abroad , stirred all the People to revenge , who killed him in Battle , after that he had Reigned nine years . 12. It was hotly debated among the Nobles , whether the next in Blood to Durstius should succeed , some were against it , fearing lest the Successor , if he were in kin to him , might be tempted to revenge the Death : Others were for keeping up his ancient Custom according to the Oath sworn to Fergus , at length they Condesended upon Ewen , Brother to Durstius , him they Crowned , A. M. 3873. before Christ 98. He is thought to have been the first , who caused his Subjects to give him their Oath of fidelity . He went with the Picts against the Brittons , where there was so cruel a Battle fought , that Night drawing on both Parties retired , but the Scots and Picts understanding that the Brittons had left the Field , they returned to their Camp , where they found great spoil , which they divided by Law of Arms , and returned home Victors , where Ewenus spent the rest of his days in Peace , he dyed the nineteenth of his Reign , and was buried in Dunstaffage . 13. Durstius his two Sons , who were the nearest of the Royal Line , after Evenus his Death began to contend for the Crown , in the mean time Gillus , base Son to Evenus , having got together some Villains for his purpose , suppresseth them both , and Murthers them , then sets himself upon the Throne , A. M. 3802. before Christ 79. after the Reign 252. But not thinking himself secure , so long as any of Durstius his Posterity , were extant resolved , to take off his three Nephews , who were in the Isle of Man ; the eldest two he caught in his Snare , and killed , but the third was conveyed away by his Nurse , in the Night time and carryed to Argyle , where she kept him for some years in a Cave for fear of the Tyrant , who was at last killed in Battel in Ireland , whether he had fled , by Caldebus the Captain of the Brigrands the second year of his Reign . 14. Evenus the second King Finnans Nephew succeeded in the Government , A. M. 3894. before Christ 77. years ; a good Institutor , he confirmed the Peace with the Picts , having married Gethus the third King of Picts his Daughter , he afterward overcame Belus King of Orkney in Battle , who finding no way to escape killed himself : He also built Innerlosher , and Innerness , he dyed in the seventeenth year of his Reign . 15. Ederus Durstius his Brothers Son succeeded in the Year of the World 3911. before Christ 60. after the Reign 271. Bredus of the Isles , Cousin to Gillus the Tyrant , brake in upon the Country ; the King went presently against him , and overthrew him and his followers , and burnt their Ships ; he afterward assisted the Brittons against Julius Caesar in England , where by his means a Glorious Victory was obtained , he dyed in Peace the forty eight year of his Reign , and was buried in Dunstaffage . 16. To him succeeded Evenus the third his Son , A. M. 3959. before Christ 12. This man came to such a height of Luxury , that not being content , that he took an hundred noble Women to be his Concubines ; he made an Act , that every Man should keep as many Wives as he pleased , so that he had an Estate to maintain them , and another , that the King should have the first Nights enjoyment of a Noble mans Lady , allowing the Noble men the same priviledge from their Inferiors : He was afterward taken in Battle and imprisoned , where he was killed by a young Child the seventh year of his Reign . 17. Mettallan's Nephew to Ederus succeedeed , A. M. 3966. before Christ 4. after the Reign 326. A King universally beloved , because that in his time there was universal Peace abroad , and Tranquility at Home ; but yet he could not reduce his Nobles from the Riotous habit , that they acquired in his Predecessors time , he dyed Peaceably the thirty ninth year of his Reign . 18. To him succeeded , Garratacus his Sisters Son , A. M. 4005. A. D. 35. He first composed some Tumults , that were in the Isles upon the late Kings Death , then assisted his Neighbours against the Romans . Some report that in his time , Orkney was conquered by Claudius the Emperor , and the King and Queen of it sent in Triumph to Rome . After many bloody Battles fought with the Romans , he at last was desired by Vespasian to submit to them , and he should be reputed a Friend to the Senate , and enjoy great Honours , to which he answered , that the Kingdom of Scotland was as free to him , as the Kingdom of the Romans was to Caesar , he dyed Peaceably the twentieth year of his Reign . 19. To him succeeded his Brother Corbred , A. M. 4025. after Christ 55. after the Reign 385. The Islanders , who almost in every Interregnum stirred up Sedition , hoping for a Change therein , divers expeditions quite subdued by him : He suppressed Thieves , going frequently from place to place , doing Justice , he dyed in the tenth year of his Reign , and was buried in Dunstaffage . 20. Corbred's Son being a Child , the Parliament chused Dardan Nephew Metellan , A. M. 4042. after Christ 72. there were great hopes had of him at first , but within three years he degenerated , and became an odious Tyrant , murthering and destroying all the wisest , and best of his Councellors , and to compleat his Villainies , hired a Ruffian to murther Corbred's two Sons , who were in the Isle of Man ; but the Traitor being taken just ready to perpetrate the Villany , was forced to discover the whole Plot : Whereupon the Nobles Unanimously resolved , to revenge the Treason , but the King absconding himself , and his Forces being defeated by the Nobles , was at last taken , and his Head struck off the fourth year of his Reign . 21. Corbred the second , Surnamed Galdus cometh next to the Throne , after Christ 76. A Couragious and warlike Prince , in his days the Romans had greatly inlarged their Borders , for having quite routed the Brittons , they went as far North , as the River Tay , and had probably gone further , had not that Valiant warrier Agricola been called home by Domitian , who envied his Success , he was no sooner gone , but Corbred came with an Army , and made a great slaughter among the Romans , pursuing them from one place to another ; till at length they were glad to beg their Peace , which was granted upon very Honourable terms . Corbred having spent the rest of his days in Peace , dyed the thirty fifth year of his Reign , and was buried in Dunstaffage . 22. Luctacus succeeded his Father Corbred , Anno Dom. 110. A most Flagitious man , given to all kinds of Lewdness and Cruelty ; which his Nobles perceiving , at a Convention of the States , began to reprove him for his Wickness and Tyranny : He being inraged at this , commanded some of them to be put to Death ; but instead of being obeyed , they fell upon him and his Complices , and killed them the third year of his Reign , he was buried in Dunstaffage . 23. To him succeeded Mogald , Corbred the second Sisters Son , A. D. 113. the beginning of his Reign was fortunate , for he Governed most Prudently and Successfully . He discharged the Romans from approaching the Confines of his Kingdom , and defended the Picts from them , he defeated Lucus with his Romans in Westmorland , and obtained a great Victory : In his time Adrian the Emperor came into Brittain , where he built Adrians Wall , from the mouth of Tyne , to the Flood of Esk fourscore miles in length , he was killed in the thirty third year of his Reign . 24. Conar succeeded his Father Mogald , A. D. 149. Who became a cruei Tyrant , and was suspected to have had a hand in Conspiring his Fathers Death , he did greatly dilapidate the Rents of the Crown by his Extravagancies , being forced to call a Parliament ; he pressed mightily for Money , alledging that his Revenues was not answerable to his Charges , but his Nobles answered his demands in another manner , then he expected , for they presently degraded and imprisoned him . Ardgad Captain of Argyle made Governor : He dyed in Prison the fourteenth year of his Reign , and was buried in Dunstaffage . 25. After , him Ethod the first Sisters Son to Mogad began to Reign , A. D. 163. He highly applauded Ardgad his Government , keeping him still in great Trust with himself . He sent him to the Isles , to allay some Tumults that were beginning to stir , which he did ( as he thought ) effectually , but he was not long gone , then they became worse than before ; wherefore the King sent him thither again , where he was unfortunately killed , this so inraged the King that he went thither himself in Person , and made them soundly smoke for their Insolency . Having composed his Affairs at home and abroad , he began to give himself to ease , but soon after he was killed in his Chamber by an Irish Harper , whom he kept to make Musick to him , the thirty third year of his Reign . 26. Ethod having no Sons ripe for the Government , his Brother Satrael succeeded him , A. D. 199. He was so cruel , that he made it his Work to cut off all the antient Nobility , but was at length stabbed by one of his Courtiers the fourth year of his Reign , and was buried in Dunstaffage . 27. His Brother Donald the first succeeded him , A. D. 199. A Prince famous for Princely Endowments , but especially , in that he was the first King , that imbraced Christianity in Scotland , and gave it his Royal Sanction , tho' for several years before his time , the Gospel had it's Professors , tho' not publickly owned ; he with the Concurrence of his Nobles made what Reformation , he could , yet could he not during his Life , get the People weaned from their old Heathenish Superstitions : In his time Sevesus the Emperor came into Brittain with a Prodigious Army , intending no less than to Conquer the whole Island . The Scots and Picts at his coming , betake them to the Hills , and draws him after them , but his Army suffered grievously , having as one Writes , * lost 50000. Men in that expedition , at length they came to a Peace with him , after which he built a great Wall , reaching from Forth to Clyde : Peace being concluded abroad , Donald returned home , and passed the rest of his days in Peace , he dyed the eighteenth year of his Reign and was buried in Dunstaffage . 28. Ethodius the second Son to Ethodius the first , succeeded Donald , A. D. 216. A man of a foolish and cross Temper , unfit to Govern that fierce People ; but his Nobles managed the Government prudently , he at last was killed in a Tumult , made by his Domesticks the sixteenth year of his Reign and was buried in Dunstaffage . 29. His Son Athircus is made King , A. D. 231. At first he gave great grounds of hope , that he should prove an accomplished Prince , but it proved quite contrary , he turned extreamly profligate , prostituting Noble mens Daughters to his Companions : Upon which account one Hotholocus a Noble man conspired against him , which he perceiving , that there was no way to escape , killed himself the twelfth year of his Reign . 30. Athircus being Dead , Hatholocus procured himself to be chosen King , A. D. 242. A cruel and lascivious Tyrant , being acquainted that Ethircus his Children were with the Picts , he called the chief of the Nobility , whom he knew to have been Athircus his Friends , pretending he wanted their Advice , in some matters of State ; whent he had got them convened in one place , he caused them to be thrown in Prison , and soon after executed : Whereupon their Friends rebelled , and the King going about to gather an Army to subdue them , was killed by one of his Courtiers the eleventh year of his Reign . 31. Hathalocus being thus dead , Athircus his children are called home and Findochus , the eldest of them set upon the Throne , A. D. 253. a wise and valiant Prince ; his first Expedition was against Donald , of the Isles who under pretence of revenging the late Kings death , had raised an Army , him he subdued forcing him to flee to his Ships , where being hotly pursued , he got into a small Boat which being over loaden immediately sunk , and he perished , yet his Son whose name was Donald , keept up the quarrel against him . Hindoch , went with an Army entering the Islands wasted them so that they were left almost quite desolate . Donald finding his weakness betakes him to treacherous courses , and striking in with Carance the Kings brother , they instigated two Ruffians to Murther him , both which were tormented to death . The 11 th . year of his Reign he was buried in Dunstaffage . 32. To him succeeded his youngest Brother Donald the 2 d A. D. 264. An excellent Prince , while he was preparing to reveng his Brothers death he heard that Donald of the Isles had made an inroad upon Murray , not in the quality of a Robber , but of a King. Where upon commanding the strength of the Kingdom to follow him , he went against him with those forces he had in readiness , which Donald hearing of , took such tedious marches that he was close upon the Kings Camp before any was a ware , which obliged the King to fight , but the inequality of their number was such , that the King was defeated , most of his men killed , himself being wounded , with several of his Nobles were taken . He dyed the third day after , partly of his wounds and partly of Melancholy , the first year of his Reign , he was buried in Dunstaffage . 33 Donald , Lord of the Isles usurped the Crown A. D. 265. excercising much cruelty , none dared to oppose him having so many of the Nobility his prisoners whom he threatned upon every provocation to kill . At length Crathelinth Son to King Findochus , who having lurked long with his Nurse , and was believed to be dead , having gathered a few subtil men together went directly to Donalds Court , who dissembling both his name and quality became in a short time very intimate with him , but when he found his opportunity he put an end to the Tyrants days , the 12 th year of his Reign , conveying himself and his followers away undiscovered . There was all this time a sore Persecution of the Christians , under the Emperor Decius . 34. Crathelinth was set upon his Fathers Throne A. D. 277. A Valiant and religious King. He first caused all the late Tyrants Race to be Razed to the foundation for preventing the mischief might follow , he also purged the Land of Superstitions , planting the true Christian Religion . This King having peace on all sides , he addicted himself much to hunting , one day as he was at his sport , one of the Picts stole away a Dog in which he greatly delighted ; but the keeper of the Kings dogs being informed where he was kept , went to take him and striving to take him by force was killed in the place , which was the beginning of a sad war , that lasted a long time ; but at last by means of one Caransius a Roman , ( who was afterward King of Britain . ) they made peace . King Crathelinth passed the rest of his days in peace , and dyed the 24 year of his Reign , he was buried in Dunstaffage . 35. To him succeeded his Cousin German Fincormach , A. D. 301. A Prince both Pious and Valiant , he Joyned with the Britains against the Romans , and after a most Bloody battel routed them , pursuing them as far as Yorke . Having procured Peace abroad he wholly applyed himself to the utter extirpating of Idolatry . In his days fell out the ninth Persecution under Aurelius , and the tenth under Dioclesian , which gave occasion to many Christians from divers parts of the Empire , now a second time to flee to Scotland , for refuge as they had done once before under Domitian . Among those Fugitives who fled thither for shelter , from the general Massacre were many excellent men in Piety and Learning , whom the King not only did kindly receive but also imployed to assist him and his council in the further setling of Christianity in his Dominion , and in the total Extirpation of Idolatry out of it , which was so much the harder work because of the Druides , the principal false Prophets and Idolatrous Priests of those days who not only by their subtil Hypocrisy and sence pleasing Divine service but also by a cunning forcast having drawn into their hands the hearing and determining of Civel affairs , had so gained upon the spirits of the Poor and Simple people , that they could not imagine how to be without them and live . The resolute care and labour of this gracious King and his Council , together with the help of these Pious and Learned men , prevailed at last utterly to overthrow , and abolish the Groves with the Alters under the Oaks , and all Idol service ; and to Establish the pure worship of God in all places of his Dominions , filling the Rooms of these false Prophets with Godly and Learned teachers among the people , which was done in all places throughout the Kingdom , but especially in the Islands which those Pious men took for their particular abode , as being most fit for a retired life and namely in the Isle of Man , the King caused a Church to be built to the honour of our Saviour , these Holy men were for their labouring so much in Gods worship called Colidei or Culdees . This good King dyed in peace the 47 year of his Reign and was buried in Dunstaffage . 36. Romach brothers Son to Crathelinth , after a hot debate , by the assistance of the Picts , possessed himself of the Throne , A. D. 348. But proving a cruel Tyrant he was killed by his Nobles the 3 d year of his Reign ; in his time Christianity began in Ireland . 37. Augustian Another of Crathelinth's Brothers sons succeeded , A.D. 351. a Valiant and peaceable King. The late Kings associates , not thinking themselves secure fled to the Picts , whom they instigated to make War upon the Scots , in revenge of Romacks death : Augustian hearing of their purpose sent to Hertanus the King of the Picts , acquainting him how dangerous , a War betwixt them at that time might prove ; The Romans and Britains being so apt to take advantage of them , when they are low ; but all would not do , whereupon he went against them with his Forces and quite Defeated them , killing many of their Nobles . Afterward they renewed their strength , and came to the Wood of Camelon where the King of Scots with his Army lay , where they fought a most bloody battel on both sides , both the Kings were killed with many of their Nobles in the third year of his Reign . He was buried in Dunstaffage without Succession . 38. Fethelmack The youngest of Crathelinths Brothers Sons Succeeded , A. D. 354. A Valiant Prince ; he scarcely Reigned two years when having raised an Army he went against the Picts , and gave them a most fatal overthrow , killing their King in Battel , he was afterward Trayterously murthered in his bed , by two perfidious Picts , who insinuated themselves into his favour with the assistance of an Harper , the groans of the dying King being over heard by his Servants , they came rushing into the Room where they took the Villains in the very Act of their cruelty , who were afterward tormented to death . At this time St Andrews Church was built by the King of the Picts , at the request of St Rewell , he dyed the third year of his Reign , and was buried in Dunstaffage . 39. To him Succeeded Ewin the first Son to Fincormach . A. D. 357. A Valiant , Just , and good King. In his time the Romans resolving to be Masters of the whole Island , and to destroy both Scots and Picts , first Communicate to the Picts , their purpose to Eradicat the Scots , and that if they would be assistant therein they should enjoy all their Lands , holding it of the Romans . They as a base ungratefull people accepted the proffer . So that the Scots had now to do with Romans , Britains and Picts . In the first Battel the Romans and the others were worsted , but soon after the Romans renewing their strength , with all their Adherents Eugen , ( or Ewen ) upon the other hand convened all that could bear arms in his Dominions knowing they were to fight for no less then their Country , and Liberty . They engaged at the River Dun , the Battel was most bloody , with doubtful success for a while , but at last the Scots being over powered with fresh supplies from the Romans , were forced to fly , leaving the King and his Brother with fifty thousand of their men dead in the Field . They fled some to the Isles , some to Ireland and Scandia , they attempted several times to recover their Countrey but in Vain , till at length the King of Picts dying , the Roman Legat charged them that they should choose no other King but live under the Roman Government and by Roman laws , when they saw this they became some what sensible of their folly , and treachery to their best neighbours ; resolving at length to call them home and Joyne forces them , that the one might recover their Country , the other their Liberty . 40. Echadius the Kings Brother ( upon the late fatal defeat , ) finding there was no shelter for him in his Country departed with his Son Hutha , and his Grandson Fergus to Scandia , there they were kindly entertained . In process of time Echadius and Hutha dying , Fergus became a most Valiant man , gained great fame in France , and Pannonia . To him the Picts sent Embassadors inviting him home , promised there assistance toward the recovering of his Country , which he readily accepted of , and having arrived with a few Danes and Goths in his company ( the Scots , likewise gathering to him , ) he soon regained his Kingdom , being Victorious against the Romans in many Battels , at last he was killed in Battel by the Romans , the sixteenth year of his Raigne , and was buried in Icolmkill , which was the burial place for the Kings till King Malhiscom Kanmors days ; having left the Kingdom almost in as bad case as he found it . 41. To him Succeeded his son Eugenius the second , A. D. 420. A Valiant and Victorious Prince ; he managed the Government by the help of the Valiant Grame , ( whose father was banished out of Scotland , with Ethod Brother to King Eugenius the first ) who married a Virgin of the Blood Royal of Denmark , She brought forth a daughter to him which was married to Fergus the second , Eugenius his Father . this Grame being the Kings Grandfather was mighty helpful to him against the Romans : for he pulled down the wall of Abercorn built by the Romans called afterward Grames Dick , as also Adrians Wall , over against the Irish Seas ▪ By his help the Kings of Scots and Picts past with Fire and Sword through all the bounds between Tyne and Humber , here they fought a most bloody Battel in which there were 15000. Britains killed , together with most of their Princes and Nobles , but few of the Scots : by which means they totally expelled the Romans out of Britain , and brought the Britains under Contribution , reserving also to themselves the whole Land lying between Tyne and Humber . This Prince dyed the one and thirtyth year of his Reign , having the seventh year delivered his Country from the Romish Yoke , 496 years after that Julius Caesar brought them first under Tribute . 42. To him his Brother Dongard Succeeded . A. D. 451 - A Prince fitted both for war and peace , in his time the Pelagian Heresie infested the Church , for curing of which Celestine Bishop of Rome sent one Paladius into Scotland ; he is said to have been the first who Instituted Bishops there , for untill that time the Church was governed by Monks ▪ this King dyed the fifth year of his Reign . 43. Constantine the first Succeeded to Dongard . A. D. 457. A man full of bad qualities , cruel to his Subjects , but fearful of his Enemies , given up also to all kind of Lasciviousness : the Picts seeing his unworthiness broke with him , his Subjects also were at the very nick of Rebellion . He was slain in the two and twentyth year of his Reign by a Noble man of the Isles , whose Daughter he had defloured . 44. To him Succeeded Congall the first , A. D. 479. His first work was to reduce his Subjects from the sottish and base customs to which his Father had inured them . The Britains seeing him inclin'd to peace , perswaded Aurelius Ambrosius , to demand restitution of Westmorland from him , which he denying to do , they draw to Arms on both sides , but being better advised , they again agreed that things should stand as Constantine left them . During the Reign of Congall he had Wars with the Saxons , but no great action , In his time lived those two famous Prophets , Merlin and Gildas . He dyed the two and twentyth year of his Reign . 45. His Brother Govan Succeeded him , A. D. 501. who governed the Kingdom with great discretion . In his time arrived in Britain Occa and Passentius the Sons of Hengist , with an Army of German Souldiers against whom came King Ambrose and fought and routed them , but with small reason to boast of his Victory , for he lost the prime of his Nobility in that ingagement , he thereupon sent for the King of Scots and Picts to come to his assistance finding himself so much weakened Occa being advertised thereof , sent his Brother Passentius to Germany for assistance , who by contrary winds being driven upon the coast of Ireland , gathered a considerable number of Souldiers of fortune and returned home . In the mean time Ambrosius was Poysoned by Occaes means to him Succeeded the Valiant King Arthur , who by assistance of the Scots and Picts , obtained several great Victories against the Saxons . Govan having made peace with all his Neighbours returned home , He dyed the thirty fourth year of his Reign , not without suspicion of Treacherie in which Donald Captain of Athlo had no small hand . 46. Eugenius , ( or Ewen ) the third , Congallus the firsts Son Succeeded , A. D. 535. a wise and prudent Prince , he consulted with some of his Nobles about revenging the late Kings death , but found by their Coldness and Unconcernedness in the matter ground of suspicion , that they themselves were not Inocent of it , which made him dread their designes against Himself . Yet he managed the Government so wisely , that he dyed in Peace the twenty third year of his Reign . 47. To him Succeeded Congal the second his Brother , A.D. 558. A Prince of a very strict Life , contending even with the Monks themselves for Piety , he made many excellent Laws relating to Churches , and Churchmen . In his time lived these two Famous Men S. Colm and S. Mungo . He dyed in peace the eleventh year of his Reign . 48. Kinnatill Succeeded his Brother Congall , A. D. 569. At which time Aidan Govans Son come to Scotland , who being ntroduced to the King by S. Colm , was Graciously received with assurance that he should be the man who should Succeed to the Crown . He dyed in peace the first year of his Reign . 49. Aidan Accordingly Succeeds , A. D. 570. Soon after a Conspiracy being discovered , which some of his servants intended against his Person , the Conspirators fled to the Picts , who refusing to deliver them up to Justice when demanded , he quite broke with them , and Confederated with the Britains against them , and the Saxons , routing them in several Battels . about this time his good Friend S. Colm dyed to his great grief . Soon after Augustine the Monk came into Britain , being sent by Pope Gregory , who created much trouble by his innovations , in matters of Religion . This Prince dyed in peace the thirty fifth year of his Reign . 50. Kenneth the first , Congalls second Son Succeeded , A. D. 605. We have nothing Recorded of him worth noting , He dyed in peace the first year of his Reign . 51. Ewen The fourth , Aidans second Son Succeeded , A. D 606. He was Educated by S. Colm , but slighted his Injunctions in one thing , for that he preferred War to peace , his hand was heavy upon the Rebellious and Stubborn , but yet a modest Conqueror , he dyed in peace the fifteenth year of his Reign . 52. To him Succeeded his Son Ferchard the first , A. D. 621. A Vitious Tyrant , which his Nobility not being able to endure , called him to an account , but he refusing to submit was compelled ; having laid before him how injurious he had been to his Country , and what an Enemy to Religion , abetting the Pelagian Heresie , with many such things , they degraded him , and put him in Prison , where soon after he killed himself . 53. To him Succeeded his Son Donald the fourth , A. D. 632. He studied nothing more then to preserve and advance the Christian Faith , at home , and among his Neighbours , he sent some Learned Divines to Northumberland , to restore the Christian Faith , which was much decayed . He perished ( as some write ) in Lochtay , being there at fishing the fourteenth year of his Reign , but others affirm he dyed in his Bed. 54. His Brother Ferchard the second Succeeded , A. D. 646. A wicked Tyrant Impious toward God , and cruel towards Man , having strangled his Wife , and Deflowred his Daughters , his Nobles resolved to call him to account , but were disswaded by one Colmar a Religious Monk who told them that Gods hand would soon be upon him which accordingly fell out , For being at Hunting he was Bitten by a Wolfe , which caused a dangerous Feavour of which he dyed , declaring his sorrow for his former Life , the eighteenth year of his Reign . 55. To him Succeeded Malduin . Donald the fourths Son , A. D. 664. A wise and Religious Prince . the Argyle and Lenox men much infested the Country by their Animosities between themselves ; the Leaders of the Sedition he put to death ; at this time the Plague had over spread all Europe , whereof infinite multitudes dyed every where , but the Scots and Picts were preserved from it . This good King was strangled by his Queen , upon suspicion of Adultery the twentyth year of his Reign . She and her Servants were the next day burnt alive . 56. Ewin The first Malduins Brothers Son Succeeded , A. D. 684. Edfried , King of Northumberland Invaded Scotland , having the assistance of the Picts , but they deserting him he was routed and ten Thousand of his men killed . The next year Edfried Invaded the Picts , they pretending to fly drew him upon an Ambush where he and all his Army were cut off . The Scots and Britains also entering Northumberland , so afflicted that King that he was never able to recover his losses . Ewin dyed the fourth year of his Reign . 57. Ewin the sixth , Ferchard the seconds Son Succeeded , A. D. 688. A Religious and Learned King , he had neither certain Peace nor certain War with his Neighbours . He dyed the ninth year of his Reign , It is said that in his time it rained Blood for seven days over all Britan , that also the Milk Butter , and Cheese was turned into Blood. 58. Amberkelleth Succeeded , A. D. 697. At first he appeared a Sober Prince , but he soon put of the Mask , turning to all kinds of wickedness , he was killed by the Shot of an Arrow in the night time , the second year of his Reign . 59 To him Succeeded Ewin the seventh , his Brother , A. D. 699. He made peace with the King of Picts , and Marryed his Daughter , who within a year after ( being with Child ) was Murthered in her Bed instead of the King , by two Brothers of Athols , who had Conspired the Kings death . He was a good and Religious King , he dyed the sixteenth year of his Reign . 60. Ewin A little before his death recommended to the Nobles , Mordach Amberkeleths Son , who was chosen A. D. 715. An Excellent Prince , he procured Peace over all Britain , he repaired many decayed Churches , and built the Monastery of Whitehorne . He dyed the sixteenth year of his Reign . 61. To him Succeeded Etfin , Ewin the sevenths Son , A. D. 730. A Religious King and severe Justitiar , being aged , after that he had Reigned 30 years , he elected four Regents , viz. the Thanes of Argyle Athole Gallaway and Murray to govern his Subjects , but their Government was greivous . He dyed the thirty first year of his Reign . 62. Ewin the Eighth Mordachs Son Succeeded A. D. 761. His first work was to put to death Donald , Lord of the Isles , and the Earle of Galloway , for their cruelty in the Late Kings latter days . But he himself afterward degenerating into all Vices , was killed by his Nobles the third year of his Reign . 63. Fergus the third Etfins Son Succeeded , A. D. 764. He Married Ethiolia , Daughter to the King of Picts , who having several times admonished him of his adulteries at last with the help of some of his familiar Servants strangled him , and being accused thereupon confessed the fact , and presently stabbed her self to the Heart with a Dagger . The King was buried in Icolmkill the third year of his Reign . 64. Solwath Ewin , the Eighths Son Succeeded A. D. 767 , A Valiant Prince , He was much troubled with the Gout , of which Donald a Bane , Captain of the Isles . taking advantage proclaimed himself King of the Isles , breaking also in upon the Continent made great Havock , but at length was by Duchal Captain of Argyle and Duchal Captain of Athol beset in a Wood , where their was no way to Escape , their he and all his followers were cut to pieces . This good King dyed of the Gout , the twentith year of his Reign . 65. Acaius Etfins Son Succeeded A.D. 787. He made a new peace with the English and Picts , finding that the Irish intended to make war against him , because of a slaughter that was committed in Kintire , upon some Irish Robbers , yet he sent Ambassadors to Ireland , shewing how little ground they had to denounce war , and how little it would tend to their Honour to revenge the quarrel of a pack of Thieves , but they not giving ear to his peaceable message , presently Rigged out a Fleet , which was not two Nights at Sea , when it was utterly ruined by a storme , which made the Irish now supplicate for a peace upon any terms , which the King readily granted . He soon after made a League with Charles the great King of France , and Emperor of Germany , which continues inviolated to this day . For the corroboration of which , Achaius sent his Brother William with Forty thousand Valiant warriours to assist the aforesaid Charles in his Wars , against the Infidels where he purchased great Fame , being commonly called by the Princes of France : The Knight without Reproach . Before this time also some Learned Men , passed from Scotland unto France , among which Johannes Scotus who was Charles's Tutor was singular for his Learning who together with Clemens another of his Country men , Founded the University of Paris . Achaius Marryed Fergusian Sister to Hungus , King of the Picts , who bore to him one Son called Alpine who afterward Succeeded ; to be King of Scotland , and Heir to the King of Picts ; King Achaius dyed the thirty second year of his Reign . 66. To him Succeeded Congal , his Cousin German , A. D. 819. He Governed peaceably for five years . 67. Dongal Salvatius's Son Succeeded , A. D. 824. who having settled the peace at home , sent his Embassadors to the Picts , demanding the right of Succession in the name of Alpin , Son to King Achaius , being there own King dyed without Succession , which they refusing to do ; Dongal denounced war against them but he Unfortunatly Perished in a Boat as he was passing over the river of Spey , in the seventh year of his Reign . 68. Alpin Acaius's Son succeeded , A-D. 831. A Valiant Prince , he led the Army , which was raised by Dongall , against the Picts , to assert his Title to their Crown , wherein a most bloody Battel , he with his own hand slew Feredech their King ; then they Elected Brudus his Son , who was killed the first year of his Reign , in a Tumult raised by his Subjects : His Brother Kenneth succeeded to him , who coming with an Army against the Scots , rent off his Coat of Armour and fled to the Mountains , where he was shamefully killed by a Country man ( not knowing who he was ) whereupon the Picts Elected Brudus , a fierce and valiant Prince to be their King , who sent his Ambassadors to Alpine desiring Peace ; Alpine answered that he would make no Peace , untill the Crown of the Picts were set upon his Head , as the Right inheritour of it . Brudus upon this raised a great Army , and came over the Bridge of Dunkell , marching to Augus , where Alpin with his Army did lye . The night before the Battel , he devised a cunning Stratagem ; for having a great many Women in his Army , he caused them to stand in Battel Array , with linnen Shirts above their cloaths , ordaining some Horse-men to Command them ; he drew them into a Wood , Commanding none of them to appear , till the Armies had joyned Battel . King Alpin upon the Picts approach , presently led out his Men , and joyned Battel with them , then the aforesaid reserve began to move from their Ambush : The Scots seeing them , apprehended them to be a fresh Army of Picts , whereupon they immediately fled . In this Battel King Alpine himself was taken , and beheaded the third year of his Reign . 69. To him his Son Keneth the second succeeded , A. D. 834. Now the Picts fully resolve , to banish the Scots quite out of their Country , for which purpose they procure help from England . But when they were at their full strength , they divided amongst themselves to such a height , that Brudus was forced to disband his Army ; he soon after dyed for Grief , Donsken his Brother succeeded , who made it his work to keep Peace on all hands . But Keneth after three years uncertain Peace , being desirous at any rate to revenge his Fathers Death , and to recover the Crown , which by right did belong to him ; Convened his Nobles , and consulted with them concerning the matter , but finding them not inclined to it , he invites them all to a great Feast , which he had prepared of purpose , where they were Royally entertained within his Pallace untill dark Night ; after they had Liberally feasted , they were conveyed to several apartments within the Palace , and when deep sleep had seized upon them ; the King caused some Men that he had ready for that end , to pass to their several Beds clad with Fish-skins , which did cast a dazling light in the dark ; each man having a Hunting Horn in his hand , through which he spake . The Nobles being amazed at this sight , were desired by them , not to be terrified for that they were Angels sent from God , to the Princes and Nobles of Scotland , to cause them to obey the Kings Order ; it being very Just and Right , and that they needed not to fear the Success , for they should be Victorious . Their Speeches being ended , they in an instant vanished : This mightily astonished the Nobles , not knowing what to make on 't . It was no sooner Day light , than they got up and enquired one for another ; and having convened all together , every Man began to declare what appeared to him , which made them all presently conclude , that it was no Fancy , but a real Vision : The King also assured them , that the same Vision appeared to him at the same hour . Hereupon they Unanimously consented , that all who were able for Fighting , should meet the King upon a day appointed , which they did as the Picts did also upon the other hand ; they fought most Valiantly on both sides , but the Picts were routed in one , and quite ruined in another Battel ; their King and all his Nobles being killed . And their City Camelon after a long siege utterly destroyed , and razed ; and the Picts Men , Women , and Children put to the Sword ; after they had Reigned in Albion 1181 years . King Keneth brought the fatal Chair from Argyle to Scone , adding the Picts Dominions to his own , he dyed the twentieth year of his Reign . 70. Donald the fifth , Keneth the seconds Brother succeeded , having his Territories enlarged from the Orcades to Adrians Wall : He was a vicious and luxurious Prince , which gave the Fugitive Picts some ground to Hope , that they might recover their Lands , whereupon they requested Osbred and Ella two great Princes in England , to restore them , promising to pay Homage to them , they accepted the offer invading Scotland , with great Forces where they were miserably routed in a pitch'd Battle . King Donald proud of this Victory , pursued them to the Water of Tweed with his Army ; there he found two Ships laden with Wine , which he parted among his Souldiers , they not being much used to such Liquor drank of it , till they were not able to stir : Of which , when King Osbred was advertised , he came suddenly upon them , and killed 2000 of them , took the King himself , and carried him about in Derision . Osbred pursuing this Victory conquered great Lands in Scotland : So that Sterling-bridge was made the march between the Scots and the English . This Osbred Coyned money in Sterling Castle , which was ( as some think ) the first beginning of Sterling money . King Donald being ransomed , was soon after taken by his Nobles , and put in Prison , where he desperately killed himself , the fifth year of his Reign . 71. To him succeeded Constantine the second , who was Crowned in Scone . A. D. 859. Soon after Hunger and Hubba with a great Fleet of Danes Landed in Fife , to shun whose Cruelty , many religious Persons , with Adrian their Bishop fled into the Isle of May , where they were all Cruelly put to Death by the unmerciful Danes . Constantine with his Army met them at the River of Levin , where he overthrew them , pursuing them toward Caryl , where their Ships lay ; but the Scots being proud of this Victory , became too secure : Whereupon the Danes rallied upon them , where followed a terrible Battel , at last the Scots were defeated ; the King being taken , and dragged to a Cave was basely murdered , the fifteenth year of his Reign . 72. To him succeeded Ethus his Son , Surnamed the Swift , A.D. 874. His wickedness and Cruelty , came to so great a heigth , that his Nobles were forced to imprison him , where within three days he dyed of Melancholly , the second year of his Reign . 73. Gregory the Great Dungalls Son succeeded , A. D. 876. A Prince of a Kingly Spirit ; he made a Law , that all ●ings hereafter , should at their Coronation , swear to defend the Christian Faith. His first expedition was into Fife , against the Picts and Danes which were left there , when Hungar went into En●land ; them he expelled , not only out of Fife , but also out of Lothian , and the Mers . Coming to Berwick ; the Danes durst not venture to Fight him ; but leaving a Garrison in the Town , retired to Northumberland , to gather more Forces . But Gregory in the Night time , being Guided by some English-men entred the City , and put all the Danes to the Sword ; thence he went to Northumberland , there he utterly routed the rest of them , which gave him occasion to inlarge his Dominions with Northumberland , Cumberland , and Westmorland ; after which he entered in a League with the King of England , wherein his right to the foresaid Lands was ratified . His next expedition was against the Irish , who had Landed in Galloway , and committed great Insolencies , but at his coming they retired back to their own Country . He with a great Army followed them , where at his Landing , he overthrew Brennius and Cornellius , who were Guardians to the young King of Ireland , with their Nobles taking several Forts and Castles , at last he laid Seige to Dublin , where their young King was ; which after some resistance yeilded . The King returning Conqueror from Ireland , dyed the eighteenth year of his Reign ; by him the City of Aberdeen was built . 74. Donald the sixth , Constantine the seconds Son succeeded , A. D. 894. He was a Religious and good King , fit for either War or Peace ; he had some Ingagments with the Danes , and sent Assistance to the King of England against them , toward the latter part of his days , he was troubled with Intestine broils , for the Murrays , and Rosses invading one another , committed great Insolencies ; to quench this Fire the King came upon them with a great Army , and taking the Leaders of the Faction , put them to Death for an Example to others . He dyed the eleventh year of his Reign . 75. To him succeeded Constantine the third , Ethus's Son , A. D. 905. A Valiant , but unfortunate Prince ; the perfidious Danes , having broken their League with him joyned with the English , but within four years they met with such measures , as made them glad to return to the Scots : Whereupon followed a hot and cruel War , wherein Constantine found himself so unsuccessful , that he resigned his Crown , and betook himself to a Monastery , where he dyed the fortieth year of his Reign . 76. Malcolm the first , Donald the sixths Son succeeded , A. D. 943. A valiant Prince , and severe Justitiar . A Peace being made with England , wherein Cumberland and Westmorland were annexed to the Crown of Scotland , to be holden in Fee of the Kings of England ; this Prince passed the rest of his days , in executing of Justice , which he did with such strictness , that some Villains in Murray-Land conspired against him , where he was Traiterously killed , the ninth year of his Reign . 77. Indulf Constantine the thirds Son succeeded , A. D. 952. A brave Warrior , the Danes Landing in the North with a huge Army , he went against them , there in a pitch'd Battel , he routed them , but dyed himself in the Battel , the ninth year of his Reign . 78. To him succeeded Duff . Malcolm the first 's Son , A. D. 961. A Prince who much studied the Peace of his Country ; he went about his Northern Circuits , where he kept his Courts , severely punishing Malefactors ; coming at last to the Castle of Forress , suspecting no harm was Traiterously murdered by the Captain , and his Wife , who were afterwards apprehended and put to a cruel Death . 79. To him succeeded Culen , Indulfs Son , A. D. 966. Who having revenged the late Kings Death , soon after became a most Flagitious and wicked Prince , deflowring his own Daughters and Sisters : He was killed by Rodard a Noble man at Meffen , this Daughter he had deflowred the fourth year of his Reign . 80. Keneth the third , Duffs Brother succeeded , A. D. 970. The beginning of his Reign , was good , executing of Justice severely , finding his Nobles averse , to deliver up ther Friends and Vassals , who troubled the Peace , to Justice ; he called a Convention of the States at Scone , where having Clandestinely conveyed , some Men in Arms , where the Nobles were convened , made them all Prisoners , telling them , that so it would be untill they did give up those Rebels to Justice ; they finding themselves thus hooked , sent to their Friends , to perform the Terms of their Liberation ; thus in a short time he had five hundred notable Thieves , delivered up , them he caused to be every one hanged upon Gibbets , close by the Castle of Berth . The Danes with a great Fleet of Ships Landing in Angus , destroyed all before them , till they came to Berth , where the King and his Army ran-countered with them ; there followed a most bloody Battel , the Scots beginning to give Ground , were made to Rally by the means of one Hay and his two Sons , who hearing as they were at Plowing , not far from the Field , that the Scots fled , came each of them with a Club in his hand , and renewed the Battel , putting the Danes to flight , there they were all cut off , the King amply rewarded him , giving him so much of the best Land in Scotland as a Faulcon off a Mans hand , flew over , which was six miles in length , and four in breadth , this was the Original of the Noble and Ancient Surname of Hay . But that which darkned all this Noble Kings Acts , was his causing Malcolm Prince of Scotland to be Poisoned ; making a Law , that the Eldest Son , or Nephew of the deceased Prince of what age soever he be , shall succeed to the Crown , with divers others Laws of the like Nature : At last coming to the Castle of Felercarne , the Lady Grof had the Kings Image in Brass , in the midst of the House with a Golden Apple in his hand ; the King upon the Ladies desire , pulling the Apple out of the Images hand , was shot through the Body with an Engine , that was made in it for the purpose : He dyed the twenty fourth year of his Reign . 81. To him succeeded Constantine the fourth , Surnamed the Balde , A. D. 994. He came to the Crown by Usurpation , he was killed in Battel at Cramond in Lonthian , the second year of his Reign . 82. Grimus , Duffs Son Usurped the Crown , A.D. 996. Malcolm whose Right it was , sent to the Nobles , acquainting them how far he was wronged ; which Grimus hearing of , caused the Messengers to be cast into Prison , which was like to have been , the beginning of a War ; yet they were seemingly agreed for that time by one Horthadus a Bishop , but not long after his Vices being intolerable , Malcolm was brought home from England , who killed him in Battel , the eighteenth year of his Reign . 83. Malcolm succeeded to the Crown , A. D. 1004. A Noble and Valiant Prince , in his time Sweno King of the Danes being banished his Country , and coming to Scotland , was converted to Christianity , and supplyed with Men for reducing his Kingdom ; yet to his great loss he soon after made War against Malcolm , who utterly routed his Army several times : This Prince was killed by a Conspiracy , of some of his Nobles in the Castle of Glames , the thirtieth year of his Reign , the Conspirators flying in the Night , chanced to pass over the Pool of Forfar upon the Ice , where the Ice breaking , they all miserably perished . 84. Duncan the first , Malcolm the seconds Grand-son , by his Daughter Beatrix succeeded , A. D. 1034. He was thought to be of too indulgent a Spirit , for Governing that fierce and untractable People : Bancho of whom are descended the Ancient and Royal name of Stewarts , was in his time Thane , or Earl of Lochaber : He was Traiterously murdered by his Cousin Makbeth , the sixth year of his Reign . 85. To him succeeded Mackbeth , Malcolm the seconds Daughters Son , A. D. 1040. Altho' he came to the Crown by Treachery and Blood-shed , yet he Governed for a time pretty moderately , but at last brake out into all kind of Tyranny , and Cruelty , forcing his Nobles to the servilest of his Work ; which they being not able to endure , Macduff Earl of Fife , Posts to England , where he found Malcolm the late Kings Son , at King Edwards Court , whom he invited home to revenge his Fathers Death , and possess the Crown which was his own by right : Malcolm suspecting Treachery , pretended several excuses to try Macduffs sincerity , but when he found him Cordial , he declared his Willingness : Whereupon getting assistance of Men from King Edward , he entred Scotland ; Macbeth hearing of his arrival , went about to oppose him , but Macduff surprizing him in his Castle of Dunfinnan , killed him with his own hand , the seventeenth year of his Reign . 86. Malcolm Surnamed Kanmor , Son to Duncan the first succeeded , A. D. 1057. He was a worthy Prince , and in Compensation of their Service and Loyalty , in his Restauration created many Earls , Lords , Barons and Baronets , commanding that their Lands should be called after their Names : He made also his Thanes Earls ; many new Surnames began at this time , as Calder Lochbart , Gordoun , Seytown , Lander Kennethe , Meldrome , Schau , Liberton , Livermond , Cargill , Strachan , Ratray , Dundass , Meazeis , Mertine , Cockbourn , Lesly , Abercromby : At this time also William Duke of Normandy conquered England , which was the occasion that these Surnames ( being expelled their Country ) came to Scotland . viz. Ramsay , Vans , Lindsay , Lownal , Towres , Preston , Bissat , Foules , Wandlaw , Maxwell , from France came the Names of Frazer , Sintcare , Boswel , Montray , Montgomry , Boyes , Campbel , Beaton . At this time Walter Son to Fleance came to Scotland , who shortly after was created high Steward of the Kingdom . King Malcolm was killed at the siege of Anwick , by one Robert Moubray , who came from the Castle upon a light horse holding in his hand a Lance , with the Keys of the Castle upon the point of it . King Malcolm looking stedfastly to the Lance , the other run him through the Eye with it , escaping to the next Wood : Whereupon King William changed this Moubrey's Name to Percy : King Malcolm dyed the thirty sixth year of his Reign , and was buried in Dunfermling . 87. Donald the seventh , Sirnamed Bane , being Malcolm Kanmores Brother usurped the Crown , A. D. 1093. But within a year he was expelled by Duncan , base Son to the foresaid Malcolm . 88. Duncan the second usurped the Crown , but did not enjoy it long , being killed by Macpendar Earl of Mearnes at Taich , by procurement of Donald the seventh , who after was Crowned King. He gave the North and West Isles , to the King of Norway for his assistance , to recover the Crown . He was taken Captive by Edgar his Successor , and put in Prison , where after some years he dyed miserably . 89. Edgar , Malcolm , Kanmores Son succeeded , A. D. 1098. He was the first anointed King , Governing with great Wisdom and Sobriety : He dyed the nineteenth year of his Reign , and was buried in Dumfermling . 90. To him succeeded Alexander the first , Sirnamed Fierce , A. D. 1107. Soon after his coming to the Throne , certain Traitors were by his Chamberlains means let in to his Chamber , intending to have killed him in Bed , but he being surprised at their noise , got out of Bed and caught a Sword in his hand , wherewith he killed the Chamberlain , and six of the other Traitors ; the rest hasted away , but being pursued , and some of them overtaken Confessed , that divers of the Nobles were in the Conspiracy , them the King pursued , killing some and taking others : He dyed in Peace the seventeenth year of his Reign , and was buried in Dumfermling . 91. To him succeeded his Brother David the first , A. D. 1124. He possessed Northumberland , and Cumberland , Huntington , and Westmorland . He married Maud Daughter to the Earl of Northumberland , who dyed in the flower of her Age , for which the King took such Grief , that he resolved never to Marry again ; but gave himself wholly to works of Charity . He purged his Court from all Vices , so that his whole Family were given to Vertuous Exercises , no Rioting nor Drunkeness , nor Lascivious , or wanton Songs were suffered : This Victorious and Religious King dyed in Carlyle , the twenty ninth year of his Reign , and was buried at Dumfermling ; where King James the first visiting his Tomb , called him , a Sore Saint to the Crown . 92. Malcolm the fourth ( Sirnamed the Maiden ) next Heir after King David began his Reign , A. D. 1153. A just and mild Prince ; in the beginning of his Reign , there was a great Famine in Scotland , whereof many dyed . Sumerled , Thane of Argyle , taking advantage of the present Calamity raised a Rebellion , purposing to make himself King ; but he was soon crush't , his Friends killed , and himself forced to fly to Ireland ; soon after , being invited to London , by King Henry of England , under pretence of confirming him in his Title , to Northumberland , Cumberland , and Westmorland ; he carried him with him into France , where he had Wars for that time ; he no sooner was returned home , then he made War with England , to the great loss of both Kingdoms : He dyed at Jedburgh , the twelfth year of his Reign . 93. To him succeeded William his Brother , Sirnamed the Lyon , A. D. 1165. He demanded Northumberland , which by Right belonged to his Crown , to be re-delivered to him , which the King of England ( being taken up with Wars in France ) durst not altogether refuse ; but condescended to let him have such parts of it , as his Grand-father possest ; but soon after he was by a Stratagem taken Prisoner at Alunick , and sent to France where the King of England was , whence not long after he was Ransomed with a sum of Money ; being returned home , he expelled all the Murrays out of Murray-Land , for that they were Seditious and Tumultuous in his absence : About this time the Pope sent to King William a Sword , with the Sheath and Hilts all of Gold , set about with precious Stones with a Hat , or Diadem , giving him the Title of the Defender of the Church . After this , he retired to Bertha , where he stayed not long , when by a sudden Inundation of two Rivers , Tay and Almond ; the Towns Walls were beat down , the Castle demolished , the young Prince and his Nurse with several others drowned ( the King himself narrowly escaping : He founded and built the City of Perth , granting to it several great and ample Priviledges . He dyed the forty ninth year of his Reign , and was buried in Aberbrothick . 94. His Son Alexander the second succeeded to him , A. D. 1214. Having pacified all Rebellions at home , he led his Army into England , where having made Peace with King John , he married his Sister : Afterward he went into France and renewed the old League with this Addition , that neither of them should receive , or protect the Enemies of the others Kingdom , nor Marry with any Stranger , without making one another privy thereto . In the mean time his Queen dyed without any Succession ; within a year after he married Mary Daughter to Ingelram Earl of Coucy in France , who bare to him Alexander the third ; in his time came Cardinal Egadius into Britain , to beg Money for the Holy War , of which he got a great deal , but going through France he spent it all , and told his Holiness , when he came to Rome , that he had been robb'd by the way : Whereupon presently another Legat was sent to Britain . But the People hearing , how they were cheated of their Money by the last procured an Order , discharging this not to enter the Kingdom . King Alexander dyed in Peace , the thirty fifth year of his Reign , and was buried at Melross . 95. Alexander the third succeeded his Father , A. D. 249. Being nine years of Age at his Coronation . Ambassadors were sent to England , demanding Margaret King Henry the third's Daughter in Marriage for King Alexander , which was granted ; the next year , the two Kings had a meeting at York , where the Marriage was Solemnized . During his Minority the Realm was well Governed by his Nobles ; taking the Government upon himself , his first work was to summon the Earls of Monterth , Athole and Buchan , and the Lord Strabogy , who were all of the Name of Cumings ; they not daring to appear , were denounced Rebels : They being now afraid , thought nothing so much for their safety , as the having the King in their Power , which they got , and confined him in the Castle of Sterling ; but the Earl of Athel , who was the head of the Party , dying , their Hearts failed them , and ( every one of them getting his Remission ) they set the King at Liberty ; soon after the Danes with a great Army invaded the Country , the King with his Forces went against them , and routed them , killing twenty four Thousand of them ; the King returned to Norway with only four Ships , which was all that was left of his whole Fleet. At this time Alexander Earl of Carrick , passed to the Holy-Land , having a Daughter who succeeded to his Estate ; she Married Robert Rance , Lord of Annaudale , and bare to him , that noble and invincible Champion Robert Bruce King of Scotland : King Alexander had two Sons by his Queen , viz. Prince Alexander and David , and one Daughter Margaret , who was married to the King of Norway ; she bare to him Margaret called the Maiden of Norway . The King and Queen going to London , to the Coronation of King Edward the first : David the second Son dyed in their absence ; within a few years after the Prince dyed at Lundores , to the great Grief of the Nation , and not long after the King dyed by a fall from over a Rock at Kinghorn , the thirty seventh year of his Reign : Leaving none of his own direct Line to succeed him . The Nobility having met upon this so important occasion , they put the Kingdom into the hands of six Regents ; for the South side Robert Arch-Bishop of Glasgow : John Cumine , and John the great Steward of Scotland . For the North , the Arch-Bishop of S. Andrews , Macdiff Earl of Fife , and Cumine Earl of Buchan . Edward of England , sends to demand the Daughter Grand-Child in marriage , as next Heir to the Crown , which was agreed too , but the Death of the Lady frustrated all that Negotiation , by which means great contention arose between Bourn , and John Baliol. Baliol managing the English , and Bruce the French interest , Baliol being in the second degree of relation and Bruce in the third ; the one being David Earle of Huntingtons Grand Child , the other his great Grand Child : matters standing thus , the whole was referred to King Edward , who coming to Berwick and calling Lawyers to his assistance , pretends all equity , but raised up eight other Competitors , the better to weaken the claim of the other two , and so handled the business that ( Bruce having refused the Crown in Homage to England , ) upon his aceptance of these conditions . 96. John Balliol was declared King , A. D. 1293. In the fourth year of his Reign , an Appeal being made against him to King Edward , by Mac-Duff and he refusing to rise from his Seat to answer it . King Edward enters Scotland masters the Country , takes Baliol and sends him Prisoner to London , and afterward to France , where he dyed long after in Exile . About this time Sir William Walace arose , who to his Honour did so Heroically defend his Country , in its low condition , as made it easily appear that if he had had as happy a fortune to advance , as he had to relieve , he might have been Commemorated for as great a man as ever was in any age ; for having upon a quarrel Slain a Young English Gentleman , and enforced to lurk in the Hills for safety of his life , he became inured to such hardness , that awaking his natural Courage , he be came the Head of all the Malecontents , and filled both the Kingdomes with his terror so that having gleaned up to a tumultuary Army , he became Baliols Viceroy ; thus after some little skirmishes he reduced all beyond the Forts : after which he went to England , and Ranged up and down for some time , and returned without opposition ; after which the English enters Scotland with a great Army , and finding the Scots disposed under three Leaders , ( who disputed among themselves for Priority ) quite routed them , but soon after they made a general insurrection , to oppose which , King Edward sent Ralph Conniers with a great army , who a by tripple Victory were defeated at Kolkin . All this while Robert Bruce continued with King Edward , who weary of the Kings delays and offputs , at last strikes in with John Cumin , Baliols Cousin german , they agreed that Bruce should have the Kingdom , and Cumine all Bruces Lands . Cumine notwithstanding communicates this agreement to King Edward , Bruce hath notice , and by shooing his Horse backward escapes to Lockambban , there he finds Cumines Letters advising to cut him off , upon which he hastens to Dumforess , where he heard that Cumin was , and after his exprobrating his infidelity , Stabs him dead in the Franciscan Monastery . About the same time Walace was traiterously Betrayed by Sir John Monteits at Glasgow , and delivered to the English : and being brought to London was Cruelly executed in Smithfield , and his Limbs hung up in the most Eminent places . 97. Robert Bruce was ( after he had stayed for the Popes absolution for defiling the Monastery , with the murder of Cumine ) Crowned at Scone 1306. a Valiant and Heroick Prince , he had many Enemies both at home and abroad , which Edward taking advantage off , with the assistance of the Cumines , quite Routed him , forcing him to the Hills where he endured great Misery , to the great ruine and Slaughter both of his Family and Friends , but making to gether some little force , he took Carrick and Innerness , by surprisal , and by this means augmented his Train , so that he was in case to withstand Edward , having obtained a considerable Victory ( though sick and forced to be held on horse back ) this gave him time to take in the remaining strength , but they were within a year retaken from him , which incouraged Edward the second to enter with a great Army to Scotland , but had a great defeat at Bannokburn , which occasioned the loss of Berwick , and Bruces confirmation in Parliament ; some few years after were spent in light Skirmishes , and Incursions . Robert having some rest convened his Nobles intending to determine the right of Inheritances , which some had unlawfully kept in these unsettled times ; this begat a Conspiracy , which being detected , a meeting was held at Perth , there by their own Papers many were Convicted , and Executed but some Pardoned . In the mean time a Legat came from Rome , armed with all the Thunderbolts of that See , to threaten the Scots into a Peace with England ; but missing of his Errand , the Scots followed him with an Army , and marched as far as Stainmore ; Edward in revenge raiseth a most powerfull Army , Robert therefore considering that his force would not be in case to resist so great a Power , caused all the cattel to be carryed unto the Avious retreats of the Hills , that they might not be serviceable to the Enemy , whereupon the English for want of Victuals were forced to retire , Bruce pursues them as far as Yorke , there he obtained a great Victory . About this time the family of the Hamiltons took their rise , one of them killing an English Gentleman , fled to Robert for Protection , who gave him lands which retain the name to this day . Bruce now having subdued his enemies , begins to compose himself to the cares of Peace , and by Act of Parliament settles the Crown upon his Son , ( though a Child ) and in case of his decease , to Robert Stewart his Grand-child by his Daughter , soon after Thomas Randolph , and James Dowglas were sent with a flying party of horse into England , from whence they returned without any considerable action , saving only that Dowglas with two hundred horse beat up the English quarters , cutting two ropes of the Kings Tent with his Sword , and made a good retreat , Bruce finding himself wasted with Age , retyred to the Abby of Kilross , leaving these three Counsels behind him . First not to let one man Solely command the Ebudae . Secondly never to put all their strength at one Hazard with the English . Thirdly never to make long Truces with them . Thus he dyed leaving Charge with the Valiant Dowglas , to go to Jerusalem ( whither himself designed an Expedition ) which the Dowglas performing , he afterward Joyned with the Christian Princes against the Turks and Saracens , where he obtained several great Victories . He purposing to return home was driven by a Tempest upon the Coast of Spain , where he joyned with the King of Aragon against the Saracens , and obtained great Victories , at last he was killed by an Ambushment that was laid for him of purpose , thus ended the Noble and Valiant Dowglas , one of the most renowned warriours that lived in his days ; It is said that he was thirteen times Victorious against the Turkes and Sarazens , and fiftie seven times against the English . In the preceeding age there was a Gate in Dansick called the Dowglas port , in memory of this Dowglas . King Robert dyed at Cardross the twenty fourth year of his Reign , and was buried in Dumfermling . 98 To him Succeeded his Son David Bruce A. D. 1330. Being seven years of age , Thomas Randal who was continued Governour , kept the country in entire peace and prosperity , which King Edward hearing of , hired a Monk to kill Randal by poyson , the Monk giving out that he had great skill in curing the Stone ( where with the Government was sore troubled ) came to be in favour with him , which gave him opportunity to perpetrate his Villany , how ever the Poyson did not take effect at first , but the Monk returned home and told King Edward that he had done his business , who immediately raising a great Army came to the border , of which the Governour being advertised presently marched against him , ( himself not being able to ride nor go , was carryed in a litter ; when King Edward heard that the Governour was there , in person , he sent an Herald under pretence of seeking peace , whom the Governour received with a very austere countenance , when Edward was by the Herald certified of the truth of his being alive , he returned home and burnt the Monk alive . The Governour returning home dyed at Musselbrough , after his death the Earle of March and the Earle of Marr were chosen Governours , in which they were scarce warm when news was brought that Edward Balliol was seen in the Fryth with a formidable Fleet , his Army consisted of both English and Scotch , the Earle of Stafford with divers other English men of note were with him , the Governours raised two great Armies to oppose the Balliol , he came near the water of Hone , where he pitched his Tents , the Earle of Marr also encamped within view of him , but he slighting the smallness of their number took little care of himself , the Balliol in the night time passed the water of Erne , having intelligence of the Ford by a stake set up for that purpose , and entering the Earle of Marrs Camp , killed him in his Bed , with many other Noble men and Gentlemen ; namely the Earle of Carrick , Sir William Hay Constable of Scotland , Alexander Frazier , also Robert Keith , Lord Marshal , Balliol past immediately and beseiged Perth and soon overcame it . The Earle of March being encamped at Ochterarder , and hearing of the Earle of Marrs death , and the taking the Town of Perth marched thither and beseiged it , but after he had filled the Ditches , and put himself in a case to make an assault , he most shamefully left it thereupon . 99. Balliol usurped the Crown at Scone , A. D. 1332. coming from thence to Perth , they that adhered to David , Bruce beseiged him and his party , upon the other hand his adherents wasted and destroyed the beseigers country , Perth being well fortified , was by the King committed to the Earle of Fiffe as Governour of it , but the Sons of them who were killed with the Earle of Marr at Duplin , beseiged and took it committing the Governour to the Castle of Killdrummie . Andrew Murry of Tullibardin , was Executed for fastning the stake in the Ford of the River Erne , whereby Balliol and the Englishmen were directed the Night wherein they Surprised the Earle of Marre . Therefore John Kandal Earle of Murry , and the Earle of Galloway gathered a great Army and came against Balliol and quite routed him , killing many of his Nobles and taking many Prisoners , the Kingdom being thus divided the one part for Balliol , the other for Bruce , the King of England thinking it a fit time for him to make a full Conquest of Scotland , raised a great Army and beseiged Berwick , mean while Archibald Dowglass raised an Army and entring the Borders , Burnt all before him to divert the King of England from the Seige , King Edward advertised of this , sent a Messenger to Sir Alexander Setonn , who was Governour , telling him that if he did not presently render he would hang his two Sons , whom he had in his hands , which he refusing to do the two Young Gentlemen were presently hanged then the Governour came with an Army to Northumberland where a most Bloody battel was fought on Halidown-hill , and the Governour himself with many Nobles killed , thereupon Berwick was rendered , and Edward Balliol Established King , who sought by all means to have gotten Robert Stewart in his hands , for he knew that ( next to King David ) his Title was best to the Crown . Soon after King Edward prepared an Army both by Sea and Land , to enter into Scotland , but the most part of his Ships Perished in Forth . The King returning with Balliol into England , left Cumin Earle of Athol Governour who seized upon all the Lands pertaining to Robert Stewart and his Friends , but Robert Stewart took the Castle of Dunne , and killed all the Englishmen therein ▪ at this time the Earle of Murray came from France , who together with Robert reduced much of the Country to the obedience of King David chasing the Governour and his Followers to the Mountains , but the English entred with a great Army and ( though a great part of their Army was routed ) took Perth , but their Fleet being harrast at Sea , were forced to retreat , and the rather in design of a French War , but some of the Nobles still standing out , the English landed in Murray , and reduced all , and leaving Balliol returned home , the next year the English beseiged Dunbar , and sent in two Parties under Talbot and Monford who were both routed , yet the seige continued , at last they were forced to raise the seige , also having received great loss by the Valour of Robert Stewart . Murray in the mean time dying , Stewart was created Viceroy till Davids returne , who having the first year gained some Victories , did the next year take Perth , Sterling and the Castle of Edenburgh , the Scots gaining all their ground except Berwick . In the year 1336. David resolves upon an expedition into England , though much disswaded by his council , Making John Randolph General , himself going disguised , Soon after a peace for two years was treated of , which David would not accept without the consent of France , whereupon marching as far as the County of Durham , had his Army quite routed and himself taken Prisoner , his Kingdom also in a manner Depopulated with the Plague : by this time John of France was also made Prisoner in England ; the Scots after eleven years Captivity , ransomed their King , who at his returne punished some of those who had deserted him at Durham , and endeavoured to remove the Succession of the Crown from Robert Stewart , to whom he was some years after reconciled ; he spent the last five years of his Reign in composing Domestick feuds , Queen Jane daughter to Edward the second of England dying , he Marryed Margaret Logy , Daughter to Sir John Logy , then he purposed to have past to Jerusalem , having provided all necessarys for his Voyage , but he fell sick of a Feavour in the Castle of Edinburgh , whereof he dyed in the fortyth year of his Reign , without Succession , and was buried in Holyrood-house . 100. Robert Stewart the first King of that Name , succeeded his mothers Brother , A. D. 1378. A Valiant and worthy Prince , he Married Eupham Daughter to the Earl of Ross , who bare to him David , Earl of Strathern , Walter Earl of Athol , Alexander Earl of Marr , with several Daughters . After her Death , he marries Elizabeth Moor his own Concubine , the better to Legitimate Children he had by her , he honoured them with Titles , and declared them his Successors , two years after an Attempt is made upon Berwick ▪ and Sir John Lilbourn , and 〈…〉 grave Captains of it taken 〈…〉 After this , the Earl of Douglass came with twenty thousand Men , to the Fair of Pennire within England , spoiling all the Goods there ; but carried away the Pestilence with him , whereof many dyed . To revenge this , the English came with a great Army over Solway , destroying all before them , mean while the Scots gathered together about five hundred Men. and lay in Ambush , till the English returned back ; then with a sudden noise and Clamour , as they passed by they set upon them , forcing them back , till many were drowned in Solway . Not long after , Edward King of England dyed ; whereupon the Duke of Lancaster came into Scotland , intreating to have a Peace for three years , which Peace being expired : My Lord of Galloway , laid siege to the Castle of Lochmaban , and made himself Master of it ; defeating a strong party of English , who were coming from Carlyle to it's relief : King Richard fearing of it , sent the Baron of Gray-stock with a Body of Men , to fortifie Roxburgh , who being within a mile of it , he was taken by the Earl of March , and carried to Dunbar ; the same year , the strengths of Teviotdale were by the Earl of Douglas recovered out of the English hands , soon after which he dyed . His Son James succeeding to him , went by the Kings Order with an Army into England , whence he was presently after Counter-manded home , where he found the Admiral of France with two hundred and forty Ships well Man'd , come to their Assistance , with them they passed into England and took the Castles of Warkford , and Corwal . And laying siege to Roxburgh , and Carlyle ; the Scots and French could not agree , in whose Names the strengths should be kept if they were won , which brought the business to nothing : Whereupon King Richard in revenge enters Scotland with a great Army , and marching through the Mers and Louthian , did much hurt . But the Earls of Fife , Douglas and Galloway followed him into England , and secretly passing the Water of Solway , came to Cokermouth ; where in three days time they spoiled the whole Country about , and returned safely with great Booty . In the year 1388. The King past again into England with an Army , at which time the Irish taking their advantage , entered Galloway , destroying all before them : Whereupon William the Lord of Galloways Son pursued them to Ireland , and burnt the Town of Carlingfoord , and finding sixty Ships in several Harbors , loaded fifteen of them with the spoil of the Town , and burnt the rest : Returning home , he spoiled the Isles of Man. The next year , the King of England sent an Army into Scotland , which did much hurt in the Mers , revenging this affront : King Robert sent two Armies into England , the one under the Command of the Earl of Fife , entred Cumberland ; the other led by the Earls of Douglass , and March entred Northumberland ; the two Armies met within two miles of Newcastle . The Earl of Douglass chose out ten thousand Men to besiege Newcastle , wherein was the Earl of Northumberland with his two Sons , Henry Hotspur , and Ralph . Henry Challenged the Earl of Douglass to fight with him , which Douglass accepted off , so being mounted upon two starely Horses , they assaulted one another desperately , at last Douglass beat Peircy out of his Saddle , but he was presently rescued and brought into the Town . Immediately Douglass assaulted the Town , but it was so well defended by the English , that he was forced to retire and encamp at Otterburn , whither Henry Peircy immediately followed , there they fought a bloody Battel , until the darkness of the Night parted them , but when the Moon began to appear , they joyned again with more Fierceness than before , Victory inclining sometime to one side , and sometimes to another ; till at last Patrick Hepburn came with fresh Men to the Scots : Whereupon the English retreated , leaving eighteen hundred of their Men dead in the place , and a hundred and forty taken Prisoners ; among which were the two Peircies above mentioned . But the Valiant Earl of Douglass dyed in this Battel , being thrice run through the Body , and Mortally wounded in his Head , which was a greater loss and Grief to his Nation , then the gain of this Victory could ballance . The next year a Parliament was called at Perth , wherein Robert Earl of Fife , the Kings second Son was elected Governor , the King himself by reason of his great Age , not being able to Govern. He was a Valiant , Victorious and fortunate Prince in all his Wars , for his Governours and Captains returned always with Victory . He was very constant , and a great Iustitiar , hearing patiently the Complaints of the Poor ; causing all wrongs to be redressed . He dyed peaceably in the Castle of Dun-Donald , the seventy fifth year of his Age , and the nineteenth year of his Reign . The same year John his eldest Son was called to succeed , who thinking that Name ominous to Kings ( and there wanted not Examples ) as of him of England , and him of France , and thinking something of the Felicity , of the two former Roberts , was Crowned by the Name of , 101. Robert the third , A. D. 1390. He was more remarkable , for his Peaceableness and Modesty , then for any other Vertue ; the first seven years of his Reign were past in Peace , by reason of his Truce with England , but not without some fierce Fiends among his Subjects ; especially , the Clankays , and Clanchattes , the King seeing the Difficulty of reducing them , made this Proposition to them , that three hundred of each side should try it by Dint of Sword before the King ; the Conquered to be pardoned , and the Conqueror advanced , this being agreed to , a place was appointed upon the North-side of Perth ; but when the Clans presented themselves , there was one of one side missing , whom then his party could not supply : A Trades-man steps out , and for half a French Crown , and promise of Maintenance during his Life , filled up the Company . The first was furious , but none behaved himself more furiously , then the other Mercenary Champion , who was the greatest cause of the Victory , for of his side their remained ten grievously wounded , the other party had but one left ; who not being wounded , yet being unable to sustain the stroak of the other , threw himself in the Tay , and escaped with his Life : By this means the fiercest of the two Clans , being cut off , the remainder being Headless were quiet : Two years after , the King in Parliament made his two Sons Dukes , which was the first time that Title , was known in Scotland . Next year Richard the second of England , being forced to resign , Henry the fourth succeeded , in the beginning of his Reign , tho' the Truce was not expired ; yet the Seeds of War began to bud , upon this occasion , George Earl of March betrothed his eldest Daughter to David the Kings eldest Son , Archibald Earl of Douglass incensed at this , got a Vote of Parliament to revoke this Marriage , and giving a greater sum of Money , got a Marriage confirmed in Parliament , betwixt David and Mary his Daughter . The Earl of March nettled at this , demands Redress , but not being heard , he leaves the Court ; and with his Family and Friends goes into England , to the Lord Percy , who with his Assistance did much hurt to the Lands of the Douglasses ; the Scots declare the Earl of March an Enemy , and sends to demand him of the English , which they refusing , several Incursions happened upon both sides , till at length Piercy was defeated by the Douglass's at Lynton-bridge . At this time , David Earl of Cravford , and the Lord Welles in England , ingaged to run certain Courses on Horse-back , with sharp Spears for Life and Death upon London-bridge , which they performed most gallantly . The People Perceiving the Earl of Cravford to sit so stifly , cryed , the Scotch man was lock'd in his Saddle ; he hearing this , leapt out of the Saddle upon the Ground , and presently mounted again , to the great wonder of the Beholders : The second time they run without any hurt , but the third time the Lord Welles was beat out of his Saddle , and sorely hurt with the fall . By this time the Queen dying , her Son David , who for his Extravagancies was by her means kept under restraint , broke out into his former disorders , and committed all kind of Rapine , and wickedness ; complaint being brought to his Father , he committed him to his brother Robert ( this Design was to root out all that Off-Spring ) the business was so ordered , as that the young man was shut up in Faulkland Castle to be starved ; which yet was for a while delayed , one Woman thrusting in some Oaten Cakes at a Chink , and another giving him Milk out of her Breasts , through a Trunk ; but both these being discovered , the Youth being forced to tear his own Flesh dyed of a multiplyed Death , which Murder being whispered to the King , he was so abused by the false Representations of his Brother ; that Grief and Imprecations was all the relief that he had left him , and being now retired sickly , to Boot Castle , and unable to punish him . The King therefore Solicitous to preserve James his youngest Son , is resolved to send him to Charles the sixth of France : And having taking shipping at the Bassas , he passed by the Promontory of Flambrough ; and whether he was forced by a Tempest , or that he was Sea-sick , he was forced to Land there , he was taken by the English , and detained Prisoner , notwithstanding the eight years Truce ; and tho' it came to be debated at the Councel Table , yet his Detention was carried in the Affirmative : But the News so struck his aged Father , that he had almost presently dyed ; but being carried to his Chamber with voluntary abstinence and Sorrow : He dyed within three days , the sixteenth year of his Reign , and was buried in Pasley . Upon this , the Parliament confirm Robert for Governour ; about four years after , Donald of the Isles enters Ross as his pretended Inheritance , with ten thousand Men , which he easily subdued ; thence he went to Murray and Mastered it also , and so went on to Aberdeen ; to stop this Torrent , Alexander Earl of Marr , followed by most of the Nobility , met him at Harlaw , where they joyned in so bloody a Battel , and lost so many noble and considerable Persons , that tho' Night parted them , neither could pretend to the Victory , to this year , the University of S. Andrews owes it's Rise : The English being taken up with a War with France , nothing considerable was acted between them and the Scots , for ten years after , at which time Robert the Governour dyes , and Murdoch his Son ( a very unfit Person , ) was put in his place ; who suffered his Sons to come to that petulancy , that they were not only offensive to the People , but with all disobedient to their Father ; who having a brave Faulcon , which his Son Walter had often begged , but in vain , he snatched it out of his Fathers hand , and wrung off her Neck , for which his Father being angry Well says he , Since I cannot Govern thee : I will bring one shall Govern us both : And from that day , he ceased not to further the Redemption of the King , he Governed four years . 102. But the Nobles weary under this form of Government , the Governour being also irritated by the Misdemeanor of his Children , all Unanimously determine without longer delays , to work the deliverance of their Native Prince James , fourth of England , which at length was effected , Anno. Dom. 1424. Having Ransomed him for the sum of forty hundred thousand Marks . He married Jane Daughter to the Duke of Somerset , Son to John of Gaunt , who bare to him two Sons , Alexander who dyed shortly after , and James the second who succeeded to him . The King having passed the Solemnities of Hasterat Edenburgh : He with his Queen came to Perth , and from thence to Scone ; where he was Crowned in the twenty seventh year of his Age , after he held a Parliament at Perth , where the Tax was laid on to pay the sum promised to England for his Ransome , from thence he went back to Edenburgh , where he called such as were Concerned with the Crown Rents together ; he understood by their Accounts , that the most and best part of the Crown Lands were alienated , and wasted by the late Governour , and his Sons , whereat he was exceedingly incensed ; yet that time he smothered , and put a fair Countenance upon his Passion . But soon after , pregnant Accusations were brought in against some of the Nobility ; especially , the Governours Friends , upon which some of them were made Prisoners , which occasioned much discontent and Jealousie on both sides , yet the King securing the Body of this Estate on his side , resolved to go on ; and having Arrested the Governour , with two of his Sons , and several others his Friends , they were all committed to several Prisons : Whereupon James the Governours youngest Son , in a desperate rage accompanied with a number of Out-laws , came to Dumbarton , and set on Fire , and killed John Stewart the Kings Uncle , with thirty others . This Insolency of the Son , quite diverted the Kings Clemency from his Father and Brethren : Whereupon he calleth a Parliament at Sterling , where the Governour with his two Sons , and his Father-in-Law the Duke of Lenox , were Arraigned and Condemned , and soon after Executed ; this highly perplexed some other Lords and Gentlemen , who were Prisoners at the same time , fearing that they should also meet with the same measures ; yet the King like a wise Physitian , being not willing to take away more Blood , than he thought would take away the Disease of the Body , in a short time set them all at Liberty . The Wars continuing between France and England , the French sent an Ambassador to renew the ancient League with Scotland : But his main business was , to carry on a match between Lewis the Daulphine , tho' then very young ; and Margaret Daughter to King James , this match the English neglected , but afterward most earnestly sued for it . The South parts of the Kingdom , being brought under Obedience , the King resolved to have the North follow their Example , for which end he went thither himself in Person , to keep his Courts : When he came there , he found things in a strange Condition , all going by strength of hand ; the stronger overthrowing the weaker . The King not knowing well how to go about the taming of these rude Villains , seemed to give small Faith to what he heard of them , allowing such of them , as seemed to come and see him a great deal of seeming Favour , till at length he got forty of their Chiefs all at once , within the Castle of Innerness , whom he presently surprized , making them close Prisoners : Within a few days after , the King was convinced of this wickedness ; Alexander Macrory , and John Macherter were hanged ; John Campbel for murthering John of the Isles , was beheaded : The Earl of Ross being taken in this Trap , was brought by the King to Perth , where he was accused of Oppression and other things ; yet the King pardoned him , and freely dismist him , taking his Oath of Fidelity . But as soon as he went home , he gathered together a Rabble of Out-laws , who came towards Innerness , burnt both Town and Castle to the Ground : Whereupon the King himself went with his Forces against him , at whose approach all the Rebels fled : Alexander thus abandoned of his Forces , fled to the Isles ; but finding that he was way-laid on all hands , and had no way left him to escape , he came disguised to Edenburgh : Whereupon Yesterday the King being at Church , he came wrapped in a mourning Garment and fell down at his Feet , beging his Life , which at the Queens request was granted ; but to keep him from any more mischief , the Earl of August was appointed to take him into Custody , within Tanutallon Castle . Donald Balloth Cousin-german to the Earle of Ross raised a great number of outlaws and invaded Lochaber , and in a Bloody Battel overthrew the Earles of Marr and Caithness at Innerlochy , the news coming to the King he came with a great Army to Dunstaffage , which when the Clans heard of , they tendred their Submission to the King , promising to break Balloth and his party , which the King accepted of , Balloth fled to Ireland where he was taken and his head chopt off and sent to King James . Notwithstanding of the many Acts of Justice that were done upon these disorderly outlaws , yet nothing frighted one Macdonald , who was Famous for all sorts of Villanies ; among other Cruelties he is said to have nailed Horseshoes to the Soles of a Widdow , because that she swore to delate him to the King being taken with twelve of his associates , and brought to Perth , the King caused them to be shooed in the same manner as he had served the woman , draging him about for a Spectacle to the people for three days , then all of them were put to death . In this year A. D. 1430. the first of June was a terrible Eclipse of the Sun , at three of the clock in the afternoon , the day turning black for the space of half an hour , as though it had been night , which was afterward called by the common people The black Hour . The King having setled the Country , begins to look to his own affairs , and having advisedly perused all evidences and Charters belonging to the Crown , he recalls all such Lands as had been either alienated from it , or wrongfully usurped , about this time there came Ambassadors from the King of Denmark requiring of King James a Yearly Tribute , due to him as King of Norway for the western Isles , the Ambassador was honourably entertained , and the old League renewed with Denmark ; soon after the French Kings Ambassadors came to have Margaret already betrothed to Lewis the Dauphin , delivered to them and conveyed to France , where they found the Lord Scroop earnestly dealing with the King , that he must bestow his daughter upon King Henry the sixth of England , promising that if he would agree thereto , that the Town and Castle of Berwick should be delivered into the hands of the Scots , with all the Lands lying between Tweed and the Redcross in in Richmondshire , the French Ambassadors also proffered great and tempting things , withal puting the King in mind how true they have been to him for so many years , since the first making of the League . The King and his Council after mature deliberation , declare they will not break the Ancient League with France , whereupon the English Ambassadors turned from Prayers to Threatnings , and being denied friendship denounced War. But the King no wise moved hereat presently prepared his Ships , and with a company of able and skilful Mariners set his Daughter to Sea , and having escaped the English Fleet that waited for her , safely arrived at the Rochel , A. D. 1430. The English to revenge this supposed afront invades Scotland both by Sea and Land ; against their forces commanded by Henry Piercy of Northumberland , went James Dowglass Earle of Angus , with several Gentlemen , their numbers were much about one , the lists of their meeting was Popperden , Adam Hepburn of Hales , and Alexander Elphinston led the Vanguard of the Scots , Sir Richard Piercy and Sir John Ogle of the English , Sir Alexander Ramsey of Dalehouse , and Henry Clidsdale kept the Rears , no sooner came they within distance of Joyning but the sounds of Drums and Trumpets , was out noised by the shouts of the Assailants ; Guns being about this time invented were here first practised between the Scots and English in an open field , then the fight with equal order had been long maintained on both sides , now the Scots then the English yielding ground , many of the Commanders at length began to fall , most of the English , then was the Piercy at once constrained to be both Commander and Souldier , but all would not do , at last Victory declared her self altogether for the Scots , two hundred Gentlemen and Common Souldiers of the Scots were slain here . Of the English dyed Sir Henry Cliddsdale , Sir John Ogle , Sir Richard Piercy with fifteen hundred Gentlemen and Common Souldiers , and four hundred taken prisoners , of which forty were Knights ; King James resolving to prosecute this War raised an army , and cometh to Roxburgh , beseigeth the Castle defended by Sir Ralph Gray ; But when he came so near his designe that they within were driven to terms to Surrender : The Queen in great hast cometh to the Camp representing to her Husband a Conspiracy , which if not suddenly prevented would indanger his person and Crown , this put the King in great astonishment , not knowing what to do , at last after many doubtful resolutions and conflicts in his thoughts , raiseth the seige , disbandeth the Army , and accompanied with some chosen bands of his most assured friends , Perplexed Pensive and Sad returned to Perth , staied in the Convent of the Dominicans , indeavouring so secretly as was possible to find out the Conspiracy , but his close practising was not unknown to the Conspirators , which made them hasten the mischief before tryal , or remedy could be thought upon . The Conspirators were Robert Graham , Robert Stewart Nephew to Waller Earle of Athole , and one of the Kings sworn Domesticks , but he who gave motion to all was the Earle of Athole , he himself the Kings Fatthers Brother ; this quarrel was no less then a pretended Title to the Crown , and being animated by the Oracle of a Southsayer , who assured him that he would be Crowned in a solemn Assembly before his death , never doubted of success . These having associated unto them the most audacious , whom hope of preferment might intice . Thus Graham and Stewart which were accomplices guided with resolution , and guarded with the darkness of the Night , came to the Black-fryers of Perth , and having the way made open to them , entred the Gallery before the Kings chamber door , where they attended some of their Confederates , who should have stole away the bar by which means they might enter the chamber , but before their coming the occasion was put in their hands , for Walter Streater one of the Kings Cup bearers came forth of the Chamber and finding armed men , rushing rudely to force their entry , with a loud voice gave the alarum of Treason , while they were working his death a Maid of Honour got to the Door , and essayed to shut it , but the bar which should have made it fast was gone , she thrust in her Arm in the place of it but that easily broken , the conspirators rush into the Chamber , and slaying all such of the waiters as made defence , they at last stroke down the King , ( whom while the Queen by interposing her body sought to save , she received two wounds ) and he with twenty eight most toward the heart was left dead . The report of this Murther being spread abroad , wrought incredible Sorrow and Grief in the Hearts of his Subjects of all sorts , the Nobles of their own accord and motion Assembled to Edenburgh , and directed Troops of Armed men through all the quarters of the Kingdom , to aprehend the Murtherers ; such diligence was used that within forty days all were taken and put to Ignominious Deaths : the common sort of the Conspirators were hanged upon Gibbits , the punishment of Athol was continued for three days , the first day he was Stript naked to his shirt , and by a Crane fixed in a Cart often hoisted aloft and thus dragged along the great street of the Town , on the second day he was mounted upon a Pillar in the Market-place , and crowned with a Diadem of burning Iron with this Inscription , the King of all Traytors , thus was his Oracle accomplished , the third day he was laid naked upon a Scaffold , his belly ript , his Heart and Bowels taken out and thrown in a Fire before his eyes , lastly his Head was cut of and fixed in the most Eminent place of the Town , his Body sent in quarters , to the most populous Cities of the Kingdom , to remain a Trophy of Justice . His Nephew was not altogether so vigorously handled , being only hanged and quartered . But it being notorious , that Graham had imbrewed his hands in the Kings Blood , a Gallows being raised in a Cave , he had his Right hand nailed to it , and as he was dragged along the Streets , Executioners with burning Pincers , tearing the most Fleshy part of his Carcass ; being thus torn and flayed , his Heart and Intrals were thrown into a Fire , his Head set up , and his Quarters sent among the Towns , to satisfie the wrath and sorrow of the injured People : Being asked during his Torture , how he durst embrew his hand in his Princes blood , he made answer , that having Heaven and Hell before him , he dared leap from Heaven into Hell ; an answer worthy for such a Villain . Dueas Sylvius then Legat in Scoltand , from the Pope ; having seen this sudden and Terrible revenge , being a Witness of the Execution : Said he could not tell , whether he should give them greater Commendations , that revenged the Kings Death , or brand them with a sharper Condemnation , that distained themselves with so Hainous a parricide . Thus dyed this Noble and Wise Prince , in the thirteenth year of his Reign : He was buried in the Charter-house of Perth , which he himself had founded . 103. The three Estates of the Kingdom , set the Crown upon the Head of James the second at Holy-rood-house ; while yet a Child in the sixth year of his Age , A. D. 1437. The Government is intrusted to Alexander Levingston of Calander , and the Custody of the Kings Person , to Sir William Crichtoun : Whereupon Archibald Earl of Douglass , grudging that these Honours had been conferred upon Men far below himself , retired home and gave Orders , that none of his Vassals should acknowledge the present Government ; also he used all means to weaken the hands of the Chancellor , and Governour , sowing ( by his Instruments ) the Seeds of Division between them , which accordingly answered Expectation , they begin to cross and Counter-act one another , which made them at length that neither of them was obeyed , the Country , having usurped a Licencious Liberty , doing what he thought best . The Queen seeing things thus mis-managed betwixt them , and finding that the Chancellor was mostly to blame , she at last resolves to change the Game of State. To effect her design , she came to Edenburgh ; and with fair Speeches prevailed with the Chancellor , to let her enter the Castle ▪ and delight her self some days in the Company of her Son ; after some days staying , where having fixed every thing for her purpose , she puts the King into a Trunck , as if he had been some Fardel of her Apparel , and conveys him by water to Sterling , presently after Proclamations are made against the Chancellor , and he Commanded to render the Castle , which he refusing to do , he is presently besieged . But the two Rulers being better advised , considering that Douglass waited to see them undo one another , come to an agreement . Much about this time , the Queen Dowager married James Stewart's Son , to the Lord of Lorn , the Governour fearing what might follow upon the Novation , committed them both to the Castle of Sterling , then the Queen began to repent her , of her former Courtesies to the Governour , resolving once more to Face about ; which the Chancellor observing , lays hold upon the Opportunity , and strikes in with her presently , they contrived how to take the Prince out of the Governours hands , which they after effected thus , the King being one Morning hunting in the Park ( the Governour being at Perth ) the Chancellor coming to him by the Queens assistance , prevails with him to go to Edenburgh , and take the Government upon himself ; which when the Governour hears of , he very calmly came to Edenburgh , where the Chancellor and he becometh Friends . The great Confusions that were in the Country , did necessitate the the calling of a Parliament , where many grievous Complaints were brought against several Oppressors ; and among the rest William Earl of Douglass , Son to Archibald ; was represented as the Source , whence the Miseries of the Country sprang : The Parliament resolve to proceed against him , by way of Rigour , but the Governor and the Chancellor advise them rather to write a fair Letter to him , and invite him by fair means to come in and submit , which was accordingly done , and wrought so effectually upon him , that he resolves presently to obey ; hoping thereby to get himself set up : He upon his arrival , was together with his Brother David , and Sir Malcolm Flyming of Cummerald , with great Ceremony conducted by the Governour to the Castle of Edenburgh , where the King was ; at this Table he was set to Dine , this so elevated his Heart , that he Blessed himself with the Expectation of other Favours . But amidst these Entertainments ( behold the Instability of Fortune ) near the end of the Banquet , the Head of a Bull ( which was the sign of present Death in those days ) is set down before him : At which sudden Spectacle , he leapt from the Table all agast , but he is presently seized upon by armed Men , who led him to the outer Court of the Castle , and notwithstanding the Tears and Crys of the young King , that they might spare his Life , he together with his Brother and Flyming , had their Heads cut off : This Act left Grief and Terror in the Hearts of the People , who ever after hated the Actors of the Tragedy . The Kings Nonage being now near expired , he takes the Government upon himself , and finding the two Rulers being so long settled in the Government ; not to be Ambitious and Head-strong , he resolves to entertain another Faction more powerful than they : So setting his thoughts upon William Earl of Douglass Son to the Baron of Abercon , him he received into Favour . This sudden change of Court , moved the two Rulers to withdraw , after which they were both removed from their Offices ; and at last summoned before the King , to answer such things as they should be Legally accused of . They finding that there was a design upon them , did not appear : Whereupon they were both forfeited . This produced great Confusion in the State , all being divided into Factions , and Parties : Whereupon followed much Effusion of Blood ; especially , between the Layndsays , and the Ogletives . Douglass to keep himself high , did much abett these Broils , making his own use of them ; yet not long after , the Chancellor notwithstanding Douglass's power , and Policy , is restored to his Fortune and Dignity . The King being setled upon the Throne , married Mary Daughter to the Duke of Gnilders , soon after , the Peace with England expired , and the Borders of both Kingdoms , break and mutually invade each other , which issued in a Truce for seven yeers . But this Truce stood not long , both Nations being equally inclined to break it : Whereupon after several Incursions on both sides , at last they came to a Battel . The Scots were Commanded by the Earl of Ormond , the English , by the Earl of Northumberland , Magnus Red-beard ; a man trained from his Youth in the Wars of France , who is said to have required no more for his Service to the Crown of England , then that by his own Valour , he must Conquer of Scotland . Here it is valiantly fought for a long time , with doubtful Victory , till at length Magnus being killed , it inclined to the Scots , the loss of the English was great , many brave Men being killed and taken Prisoners , upon their side , but the Scots lost few of any Note , except Cragy Wallace : This Battel brought on a Truce for three years . This Victory no sooner was obtained , and thereby Peace abroad , but presently they fall out at home ; this Douglass being always the first mover of strife : But now finding himself over-powered by Adversaries , both at Court and in the Country ; he leaveth the Kingdom and goeth to Rome , he was not long gone , but by the means of his Enemies , he is cited to appear before the Council upon several days together , with his Brother and Vassals , to answer such things as should be objected against them ; and upon not appearing , are all denounced Rebels : the Earl of Douglass hearing of this unexpected News at Rome , takes a Journey , and comes to the Borders of Scotland ; whence he sent his Brother to Court to know the Kings mind towards him . The King promised upon his Submission , to accept of him , which he performed , making him for his further Encouragement Lieutenant General of his Forces : But he stood not long privately in his Prosperity , for going to the Court of England upon some design , the King was highly dissatisfied with him , yet upon his humble Submission he is pardoned , but divested of all publick imployment within the Kingdom . Thus being degraded from his Honnour 's , he gives himself wholly to study revenge , and that he might the more successfully effect his Design ; he gets the Earls of Cranford , Ross-Murray , the Lord Balveny , with many other Barons and Gentlemen , to enter in a Confederacy , both offensive and defensive with him , after they broke out in unsufferable Insolences ; spoiling and plundering the Lands of such as were not of their Faction , and killing , and destroying such as offered to oppose them . The King begins to be apprehensive of their Design ; therefore thinks it high time to look to himself and his Country : Whereupon he sent for Douglass , to come and speak with him at Sterling , which he at first feared to do , but upon second Thoughts , he accompanied with many of the Confederates went to Court , where the King very Graciously received him ; the day being far spent , the Gates of the Castle shut , all removed except some of the Council , and the Guards , the King takes the Earls apart very friendly , and remembred him of Favours received , and wrongs forgotten : Taxing him with the exorbitant abuses of his followers , then he told him of a Covenant , which he heard was made betwixt him and some of the other Nobility , and desired to know what he had to say . Douglass answered in plain terms , it was so , but that the Covenant was made for his own safety , the King further expostulated with him to break it , which he refusing to do , the King with his Dagger ended the Quarrel , killing him in the place . About the end of this Tragedy , a pair of Spurs between two Platters , is directed to Sir James Hamilton , as a part of the Kings Banquet : Whereupon he and the rest takes the Allarum , and setting Fire to divers places of the Town , they make their escape ; the King to vindicate himself , emits Declarations , shewing all his good Subjects the Reasons that moved him to take Douglass's Life , that it was not a fit of Passion , nor an Act of private revenge , but meerly to save the State from utter Ruin : Yet the Mobile were diversly affected some justifying the Fact , as Noble and Just , but others ( as the greater number ) as boldly Condemned it , as Inhumane and Cruel ; these of the League missing no Opportunity that was for their Interest , made it their work to sow Sedition and Discord , and to encourage all Breaches and Contempt of the Laws , which encreased their number , so that the King was reduced to a very low condition , till at last Cranford one of the Confederates being routed , by the Earl of Huntly , he recovered some strength , and having called a Parliament at Edenburgh , summoned the Confederate Lords to appear before , which they scornfully refused to do : Whereupon the King levying an Army , forced them to retire ; yet the Country suffered sadly , by their unbridled Fury . At length after much loss on both sides ( the King daily prevailing , the Earl of Cranford submitted himself to his mercy , as several others did afterward . Whereupon the Earl of Douglass fled to England , there having gathered together several desperate Men , he made several inroads upon the Border . The King having with much difficulty recovered the Royal Authority of his Ancestors , ( England in the mean time being at the point of utter ruine by the contest of Henry the sixth , and the Duke of York , ) was much solicited by both of them , but he told the Ambassadors that he had more reason to look to his own concerns , then to assist either of them which he intended to do , thereupon raising a Powerful Army he passed the Tweed , and besieged Roxburgh , where having applyed his battery to the Castle , he began to storm it , but by the space of an over-charged Piece the King's thigh bone being broken was struck immediately Dead , the twenty Fourth year of his Reign , having left three sons James who succeeded Alexander Duke of Albany , and John Earl of Marre , and was buried at Holy-Rood house . After his death the Queen with her Son came to the siege and encouraged the Nobles , who took and demolished the Castle , and also the Castle of Warke . 104. To him Succeeded his Son James the third , A. D. 1460. A good Prince corrupted by wicked Courtiers , who with advantage of his years being but seven years of age when he began to Reign , his education is intrusted to his Mother , the Government of the Kingdom to the Earls of Anaudale Castle , Orkney and the Lords , Boyd and Graham , the Bishops of St. Andrews , Glasgow and Dnubek . In this Princes Nonage great confusions increased both at home and abroad , at home by the Islanders who extreamly infested the country , and came as far as the Blairth of Athole and burnt S. Brides Church , where the Earl and his Lady took Sanctuary , carrying them to the Island Ila , from whence as these Savages were going further , they were all miserably destroyed by a tempest . Nor was it better abroad , England being in a flame by the Civil Wars , Henry being taken and released again by his Queen , flees to Scotland desiring their assistance against his Enemies , and that he might be the better heard caused the Town of Berwick to be delivered to the Scots ; thereupon the Queen who managed the War geting some supply , marched ( taking the King with her ) into England , but was soon overthrown at Durham . A. D. 1466. the Queen of Scots dyed having left many sound and profitable instructions to the King her Son , who now coming to fifteen years of age , is by his Regents committed to the Lord Boyds Brother to be Educated in the Excercise of Chivalry , by which means the Boyds became to darken all others in the State , nothing being done without them , the Kenedies who had been the Kings best Friends , seeing things go thus left the Court , after which the Glory of the Court and Country suffered a great Eclipse . The Lord Boyde to be yet higher gets the sole Government setled upon himself , which laid the Foundation of his ruine , and not satisfied with this , he obtains his Son to be Married to the Kings eldest Sister , this highly displeased the rest of the Nobility that his ambition should be so boundless , which gave matter to his former Enemies to work upon , all oppression and violence is winked at on purpose at last they procure Complaints from all parts of the Kingdom against the Boyds , which made the Kings affection begin to turn away from them . A. D. 1468. A match being proposed and agreed upon between the King and Margaret Daughter to the King , of Denmark , the Boyds Enemies procures the Earl of Arran who had Married the Kings Sister to be sent to bring home the Queen ; he was no sooner gone then his Interest at Court began to fall , for a Parliament being called ; the Lord Boyd and his Brother Sir Alexander are summoned to appear thereupon he distrusting this Case fled to England , but his Brother was taken and Arraigned , the Earl of Arran also though absent is declared a Rebel . The Queen arriving with her fleet arriving in the Ferth , My Lady Arran went aboard in disguise and informed her Husband of the calamity of his House , perswaded him to do for himself , whereupon he hoisted Sails and returned with his Lady to Denmark . The King sendeth Letters full of promises and threatnings to move his sister to return to Scotland , which when she did she was constrained to be divorced from her Husband , and to Marry James Lord Hamilton ; not long after the Earl of Arran dyed in great misery at Antwerp . Queen Margaret the third year after her Marriage brought forth a Son who was named James , the King of Denmark to Congratulate the happy delivery of his Daughter , released all his claims to the Isles of Orkney and Sherland , but in the midst of this calm a cloud begins to overcast the Kings Splendor , for his Brothers being Princes of unquiet and restless spirits they set themselves altogether to study Novelties , and to bring him into contempt with his Subjects , to this end they had drawn away many of the young Nobility and Gentry to follow them . The King was Naturally Superstitious , giving much head to divinations which gave also his Brothers occasion to vilifie him , and incense his people against him , yea the Earl of Marre became so Insolent that in the Kings own presence , he began to raile against the Government of the state and Court , which the King highly resenting , caused to Imprison him where he fell in a high Fever whereof he dyed . The Duke of Albany imputed the death of his Brother to the Court party , but while he was keeping his Cabals in order to an Insurrection , he was surprised and Imprisoned in the Castle of Edenburgh out of which he soon after made his escape to France , thence he came to England , and began to tamper with King Edward , revealing to him the weakness of the Kingdom of Scotland , and how easily it might be subdued , the Nobility not respecting the King but much affecting a change in the Government , which by his assistance might easily be effected , he promised also to settle a corespondence with the Nobles of Scotland which he did , then that they might get their design wrought , gives way for the breaking loose of the Borders , fierce incursions are made by the English upon Scotland and by the Scots upon the English , and the discontented Nobility blame the King for all , thereupon pretending the necessity of the times and the danger the Kingdom was in , they entered into a Bond of association after which they enter the Kings bed chamber , where they seized some of his Servants in his presence and put them to death , as incendiaries in the state . About this time the Duke of Gloucester set forward toward Scotland with two and twenty thousand men , finding Berwick two strong for him he marches directly to Edenburgh , there by publick writings at the Market places he gave out high demands , all which King James being shut up in Edenburgh Castle answered with silence , the disatisfied Lords having obtained what they chiefly aimed at , wished the English at home again therefore they desire a peace with them , which the Duke of Gloucester granted upon condition that all his demands were satisfied ( one of which was to reinstall the Duke of Albany ) which after much debate was granted and he with his Army returned home . The Duke of Albany having recovered his Estate and Honours , his first work was to restore the King to his Prerogatives , reconciling him to his discontented Lords ; but he himself stood not long in his favour , for by the advice of some of his Enemies about the King a Plot is resolved upon to bring the Duke within compass of Law , which he being aware of fled to England to present to King Edward and the Duke of Gloucester his grievancies , in his absence he is convinced of many points of Treason whereupon he and the Lord Crightton his Associate are both forfeited , which when he heard he presently caused to give up the Castle of Dunbar , whereof he was Lieutenant , to King Edward , who immediately put a Garison in it . Not long after the said King Edward dyed , and his Brother Richard Duke of Gloucester Succeeded . The Duke of Albany obtains five hundred Horse from King Richard with which he came with the old Earl of Douglass to Lochmabban to surprise a Fair which was held there , whereupon the Laird of Johnston who was warden dispatched Posts about for supply of men with which he Encountred the Duke , here it is most Couragously fought on both sides but at last the English are quite routed , the Duke hardly by swiftness of his Horse escaped , but the Earl of Dowglass is taken and brought in Triumph to Edenburgh where the King adjudged him to perpetual confinement , soon after followed a Truce with England for three years , but before the time was expired Henry Earl of Richmond came with some Companies out of France , ( of which that Famous warriour , Bernard Stewart , Lord Albany Brother to the Lord Darnly had the leading , ) which by the resort of his Country men turned into an Army and Rencountred Richard at Bosworth where he was killed , and Henry Proclaimed King of England . King James taking advantage of this change besieged Dunbar , which was soon surrendred upon Articles . After this King Henry sent Embassadors to King James , to agree if possible upon a lasting , and firm Peace between the two Crowns , at length after some difficulty they agree upon a Truce for seven years . The King having settled a Peace with England , betakes himself to the Exercise of Religion , having founded a Colledge for divine Service in the Castle of Sterling ▪ he endeavoured to annex the Priory of Goldingham to it . The Priors of this Convent , having for many years been of the Name of Humealedged , that they were wronged of their Right : First they began to Petition , but finding this uneffectual , they began to associate with their Neighbours , giving it out that the King was a meer Tyrant , not to be trusted , by which means many of the Hearts of the Subjects were alienated from the King. The King understanding how things stood he made choice of a Guard to defend his Person , resolving to live beyond the River Ferth ; of which , when the Lords of the Insurrection were certified , they surprize the Castle Dunbar , and tumultuously over-run the Countries , besouth the Ferth : Thus coming to Lithgow , they resolved to make the Duke of Rothesay the Kings own Son their Head , whom having corrupted his Keepers with Bribes , they constrained to go with them . But the King loosing neither Courage , nor Councel passeth the Ferth , near Blackness with his Forces , before his arrival at this place , the Earls of Montross , Gleancan , Lords , Maxwel , Ruthwen with others , being advertised by Letters came to him , they of the Association , having the Prince with them , to add Authority to their Quarrel . Gathered from all Quarters , the two Armies being in readiness to decide their Quarrel by Battel ; the Earl of Athole the Kings Uncle , so travelled between the Lords of either Party , that the King had a Suspension of Arms agreed on . The Earl rendring himself a pledge for the Accomplishment of the Kings part , of the Reconcilement to Lord Hails . Thus the King lost a good opportunity , the like of which was never again in his offer , for the Lords notwithstanding that was agreed upon , continued very troublesome to the Country , the Town of Edenburgh , is pestered with Troops of armed Men. The King warned of his danger , fortifies the Castle of Edenburgh for his defence ; then he sent to the Lords , to understand their Intentions , and what they meant , they finding their offences flew higher than hope of pardon could reach , answered that nothing could secure them , nor the Kingdom until he had divested himself of all the Government of the Kingdom , and resigned the Crown in Favour of his Son. But he resolving to hazard all rather , then condescend to this , was advised by some of his Friends , to retire to the Castle of Sterling , where his Forces might have more easie Access to him , but this proved a a fatal advice for coming thither , the Treacherous Constable denyed him entrance , in the mean time News came to him , that the Confederates were within six miles of him at Falkirk . The King to make a Vertue of necessity , resoves to put all upon the hazard of a Battel ; the Confederates were incamped near the Torwood . The King set forward with his Army upon the other side of the Torwood . Both drew up in a plain field near Bannock-burn , and engaged most desperately : The first Charge is valiantly given , and Lance meeting with Lance , the Vant-Guard of the Lords began to yield ground . But the next Charge being given by Anandale Men , the middle of the Kings Army is beat back to the main Battel , notwithstanding of which it is fought a while with great obstinacy on both sides , until the Standard Royal was beaten down ; then began the Kings Army to bow the Horsemen , obeying no Orders , begun to turn their backs . In this rout and Confusion of Horse and Foot , the King seeking to retire towards the River Ferth , by the fall of his Horse in leaping a Ditch , being sore bruised , was carried by such , who knew him not , to a Well at Bannock-burn ; where he was killed in cold Blood , by Borthwick a Priest with some others , the twenty ninth year of his Reign , and was buried at Kambush-Kenneth . 105. To him succeeded his Son James the fourth , who was Crowned at Edenburgh , A. D. 1489. Being about sixteen years of age , a noble and Couragious Prince , and Godly ; the beginning of his Government was most uneasie , the Death of the late King , being yet recent , his followers resolve to have it revenged . In the North , Alexander Lord Forbs displayed the Bloody shirt of the murthered King upon a Lance in Aberdeen , and other places of the North , inviting the Country as by an Herald to the revenge of his Murther . In the West , the Earl of Lennox hath the same resolution ; also the Earl of Marshad , Lords , Goodore and Lyle , with the Confederates in other parts of the Kingdom . But the Lord Drumond routed the Earl of Lennox at Telliemoss , and also Sir Andrew Wood , obtained a considerable Victory over the English ( who pretended to revenge the late Kings death ) at the mouth of Ferth . The Rumor of these Victories , so amazed Forbs and his Confederates , that they laid down their Arms , and put themselves into the Kings mercy , and were all received into Favour . The Lords rejoyced greatly , that they had brought things to this pass , but the King gave no sign of Joy ; yea upon the contrary , to give a Testimony to the World , of the Agony of his mind , for the Death of his Father ; and that Remorse and Anguish he suffered for the Faults of those , who brought him to the Field against him , he girded himself with an Iron Chain , to which every third year thereafter , he added some Rings and weight , so long as he lived , and though this might threaten no good to some , yet they pass it by , not daring to Attempt ought against the common Peace . Amidst this Grief and Sorrow of the Kings , Andrew Forman Secretary to Alexander the sixth Bishop of Rome , arrived in Scotland , with Instructions to the Clergy , in a Letter , from his Master , to the King and Nobles , exhorting them to the mutual Duties of their Stations , after this some Head-strong Nobility dying , the Country enjoyed a great calm of Peace , the Seeds of Dissention , seeming to be quite taken away . But the Borders keeping up their old fewds by new Accessions , make daily Incursions one upon another , which came at last to open Hostility : Whereupon King James enters England , and spoils all the North parts , and returns home without any considerable Action , not long after Ambassadors came from England , desiring a Peace ; which is granted , and the Commissioners for both sides met at Edenburgh , where many Articles and conditions of the peace were hotly disputed , one of the Englishe's demands was an Interview between the two Kings at Newcastle , which being referred to King James his own arbitrement , he answered , that he meant to treat of a Peace , but not to go a Begging for it . Much being said at last they conclude upon a Peace for some Months following ; after which followed a match between King James of Scotland with Lady Margaret the King of Englands Eldest Daughter , which was consummated at Edenburgh . King Henry bringeth his Daughter as far as Cokebiston in the way , and then resigning her to the Earl of Northumberland , who with a great train of Lords and Ladys brought her to Edenburgh to the King her Husband , where they for some days , were taken up with nothing but Banqueting , masks , and Tilting , with such other exercises ; by this means the King wasted his Treasures greatly ; then some of them set their wits awork , to squeeze the Subjects for Money , which occasioned great murmurings among the Poor . A. D. 1507. James Prince of Scotland and the Isles , was born at Holy-Rood-house the one and twentyth of January but he soon after dyed at Sterling , the year following , the Queen brought forth another Son named Arthur , but he dyed also in the Castle of Edenburgh . Then she brought forth her third Son at Linlithgow , who Succeeded to the Crown and was named James . About the same time Bernard Stewart came to Scotland , intreating that King James would make War with King Henry of England , to keep him from molesting France , which at last he obtained : then began they to go to their old work of making incursions one upon another , till at last it breaks out to an open War. Whilst King James staied at Linlithgow attending the gathering of an Army , now ready to set forward , as he was at his Devotion an Ancient man came in , in a very strange and Majestick manner , and of a comly and reverent aspect , who having enquired for the King , he intruded himself Prease , passing through till he eame to him with a Clounish Simplicity , leaning over the Canons Seat where the King Sat : Sir ( said he ) I am sent hither to intreat you for this time to delay your expedition , and to proceed no farther in your intended Journey . For if you do , you shall not prosper in your Enterprize , nor any of your Followers . I am further Charged to warn you , if you be so Refractory as to go forward , not to use the Acquaintance , Company , or Councel of Women , as you tender your Honour , Life and Estate . Having delivered his Commission , he withdrew himself among the croud , but could never be seen again ; the Queen also did greatly shake his resolutions with her Tears and Prayers , acquainting him with the Visions and affrightments of her sleep , but he laughed at all these fancies , thinking them to be only the contrivance of such as hated the French and loved the English faction , so he gave present Orders to his Army to March over the Tweed , not staying till his whole Forces came to him , though they were upon their March , yet for all his hast when once he had passed the River , he trifled away his time so idly , that many of his Souldiers wanting necessarie provision returned home , which the Nobility seeing , advised the King to returne also : having spoiled that Country sufficiently already , but he would hear no such advice , though at last his Army was brought so low that he had none almost left but the Nobility and their Attendants . The English Army Commanded by the Earl of Surrey consisting of twenty eight thousand men , were come by this time within three miles of the place , where the Scotish army was incamped , which made them draw to their arms . The Earl of Surreys Vanguard , passed the water of Till at Twysel Bridge , King James seeing them pass the water imagineth that they intended to gain a hill between his Camp and them . To prevent which , he removed to another Hill ; whilst the Scotish Army was removing , the English advance to the foot of Flondon Hill. The fatal hour of the two armies approaching one another , the English draw up in good order in two Battels , one of which was equal in number to the whole Scotish army , the Scots by their fewness of number , not being able to Order many Battalions , Marshal themselves in four , three of which to enter the Fight , and the fourth to attend for supply : the King commanded the middle , or main Battel ; the Earl of Huntly , the Right wing , and the Earls of Cranford , and Montross the left ; the third Battalion was commanded by the Earl of Lennox , and the Earl of Argyle , and the reserved , by the Earl of Bothwel . The Earl of Huntly making down the Hill , where they incamped , encountred a wing of the English Van , led by Sir Edmund Howard ; which after a furious and long Fight , he put to flight , the Battalion led by the Earls of Lennox & Argyle ( being High-Land Men ) incouraged with this glance of Victory loosing their Ranks , brake furiously upon the Enemy , invading them in the Face of them ; they were not only valiantly received , but Hedged in on all hands , and miserably destroyed . The main Battel which the King led , being joyned by the Earl of Bothwel , fought it out couragiously Body against Body , and Sword to Sword ; great numbers falling upon both sides , till the darkness of the Night , as it were by mutual Consent , forced a Retreat ; neither of them knowing unto whom Victory pertained . Many brave Scots did here fall , esteemed to be above five thousand of the Noblest and worthiest Families of the Kingdom ; neither was the loss of the English less in number , but most part of them being common Soldiers , was thought little of : About the dawning of the next Morning , the Lord Dacres with his Troops , taking a view of the Field , and seeing the Brazen Ordnance of the Scots , not carried off , sendeth speedy Advertisement to the pensive Army , inviting all to the setting up of Trophies . What the Kings fate was , is uncertain , the English hold , that he was killed in this Battel ; the Scots , that many in like Arms , with the like Guards , were killed , every one of which was taken for the King : Among others , Alexander Lord Elphingston , one of his Favourites , being not unlike the King in Face and Stature , and representing him in his Armour in the Field , with the Valiantest , and most Couragious of the Army fought it out , and Acting heroically his part as a King , was killed , heaps of dead Bodies invironing his . In the search , where the fight was , the number , Tallness , and the Furniture of the dead Bodies being observed , their Faces , and Wounds viewed , His Body as if it yet breathed Majesty , was amidst the others selected , thought to be his Master , brought to Berwick and imbalmed . That it was not the Kings Body , his Iron Chain which he always wore , and was not there found about him , gave Testimony . Others have recorded , that the Fortune of the day inclining to the English ; four Tall men mounted upon lusty Horses , wearing upon the tops of their Lances for Cognizance , Streamers of Straw , mounting the King upon a Sorrel Hackney , conveyed him far from the place of fight , and after that he was seen beyond the Tweed , between Kelso and Dunce , after which , what became of him was uncertain . Many think , that he was killed in the Castle of Hume , either by Intelligence , between the English and the Humes , or in hopes of great Fortunes , which would follow Innovations , and Confusions in the State. To this is added , that one Carbreth in the time of John Duke of Albanies Government , vaunted , that however the Governour wronged the Humes , yet he was one of those who had abated the Insolency of King James , and made him know that he was a Mortal , all which , increased the Suspicion of many . The Governour not long after , cut off the Heads of the Earl of Hume and his Brother , without any known cause . This noble Prince was lost the twenty fifth year of his Reign . 106. The fatal overthrow of the King and Nobility , filled the remnant of the State with great sorrow and perplexity ; the Heads and fairest parts , which Majesty , Authority and Wisdom had made eminent , were cut off , and nothing but some turbulent Church-men , Orphan-Noblemen , and timerous Citizens , left to fill their Room . In this maze of perplexity , James the Prince is set upon the Throne , A. D. 1514. And is committed to the Tutelage of his Mother , together with the Government of the Realm . But the Government of a Woman and a Child , over a Head-strong People , could not stand long firm : A hot Contest arose among the Clergy for the Archbishop-Prick of S. Andrews ; three being put in at one time , one by the Pope , another by the Queen , and a third by the Chapter ; the State was in as bad Case ; Alexander ▪ Lord Gordon usurping almost a Royal Authority , over the Countries benorth the Ferth , as the Lord Hume also did , upon the South-side . The Queen seeing her Authority contemned , privately , Marries the Earl of Angus ; looking upon him , as one who could Protect her , and hers in Extremity ; but this Match instead of heightning , weakened her Interest ; the Nobility dividing in two Factions , the one pleading for the Earl of Douglass , and the other opposing him ( thinking him too high already ) made choice of the Earl of Arran , but a third party steps in , of whom the Lord Chamberlain was Chief , who carried the choice from both ; pitching upon John Duke of Albany : When King Henry heard , that this Gentleman was like to carry the Day , he writes to Scotland , remonstrating to them , how dangerous this choice might prove to their State : Yet notwithstanding of all that could be said , they adhered to their choice , and sent to France to call home the Duke of Albany , who furnished with all necessaries by the French King , with eight well Rigg'd Ships , takes the Seas , and in the Month of May , arrived upon the West-coasts of Scotland , from whence with a great retinue of the Nobles and Barons of the Country , by easie Journies , the Queen meeting him , he came to the Town of Edenburgh , where he is restored in Parliament , to his Fathers inheritance . At the Presence of this new Governour , the Face of the State turned more beautiful ; Oppression is restrained , Justice sincerely executed ; the Governour not willing to listen to every mans Advice , gave himself to follow the Councel of John Hepburn Prior of S. Andrews ; this man being of a subtle mind , Malicious and Crafty , represented to him things as he pleased , representing the Factiousness of the Nobility , naming several , whom he said the Kingdom could not bear . Among others , he gave out , the Lord Chamberlain to be a man unpolish'd , Stubbornly Stout , mighty in Riches , and Power , of a working Mind , and vehement Spirit ▪ that he spoke against the Chamberlain , &c. The Governour did presently lay hold on this , and changed in his affection toward him , which the Chamberlain perceiving , could not but reflect upon the Governours ingratitude ; wherefore he resolved to Face about , and striking in with the Queen and her Husband , became very intimate with them , he represented to them what hazard the Prince was in , the Governour being a man of such an unsatiable Spirit , that nothing but the Crown could set bounds to his Ambition : Advising the Queen to think of a way to prevent it ; they concluded at last , that their only safety would be , that the Queen would transport her Son to England . But as privately as the business was managed , it came to the Governours ears , who presently sent a Troop of Horse , who surprized the Castle of Sterling , and in it the Queen with her two Sons . The Prince and his Brother are sequestred from their Mother , and committed to the keeping of four Noblemen : Whereupon the Queen , her Husband , and the Chamberlain , with many others mis-trust-ing the Governour , fly to England ; their sudden departure perplexed the Court exceedingly , which moved the Governour to write to King Henry , representing to him , how little reason they had from him to depart the Kingdom ; earnestly declaring his respects to the Queen ; and that if she , and all that were with her should please to return , she should be very welcom ; they hoping that they were sincere , at last were moved to yield to his desires , but when once he had got them within the Country , he resolved to be revenged upon them ; this bred new Confusions , for some of the Lords being imprisoned , their Friends break very loose , the Country is daily pestered and impoverished , by Incursions and Inroads , till at last after great loss on both sides , they come to an Agreement , which was followed with the renewing of the Truce with England for some Months . All things being thus seemingly calmed , both at home and abroad , the forementioned Prior of S. Andrews , begins to perswade the Governour , that all his indeavours to settle the Realm , would prove vain , so long as the Earl of Hume was alive , whom neither rewards could soften , nor Honours and preferments make constant , upon this the Governour begins to contrive how to get the Earl secured ; wherefore he came to Edenburgh , and called a Convention of the states , having intreated the Earl of Humes Friends , that he would not fail to be there , the matters to be determined , concerned him dearly . The Earl of Hume with his brother David came to Edenburgh , the Night , before the Day appointed , who were received by the Governour with great Ceremonies , and with more than ordinary Favours entertained , and shortly after , both imprisoned , and a day appointed for their Tryal : The first thing laid to their Charge , was the death of the late King , whom several Witnesses proved to have been seen coming to the Castle of Hume , from Flondon ; this not being proved by pregnant Evidences , he was accused of several other points of Treason , of which he not being able to clear himself to their satisfaction ; the Judges prepared and directed by the Governour ; pronounce him and his Brother guilty , and Condemn them to have their Heads chopt off ; which Sentence was the next day put in Execution , and their Heads fixt upon the most Conspicuous places of the City . This Calamity of the Family of the Humes , bred Terrour and Astonishment in many of the Noblemen of the Kingdom , and greatly estranged their Hearts from the Governour . Ambassadors being sent from France , to renew the Ancient League between the two Countries : The Governour was chosen by the Nobility of Scotland , to pass into France for accomplishing this solemn Action . He was no sooner gone , but the Queen after she had stayed a year in England , Honourably dismissed by her Brother came to Scotland : Sir Anthony Darcy , being by the Governour made Warden of the Mers , and Lothian , was slain by Sir David Hume of Wedderburn , coming to Dunce , to hold a Justice Court : Whereupon the Earl of Arran was declared Supream Warden , of the Marches , who soundly revenged Darcies Death upon the Humes . The Kingdom now began to be sensible of the offence of the Governour ; Factions increasing daily , the Nobility and Gentry deciding their Rights by their Swords ; insomuch , that the Earl of Arran , who was Provost of Edenburgh , having been with the Prince at Dalkeith upon his return had the Gates shut upon him ; the Citizens pretending that , he intended to invade their Priviledges : Whereupon followed a Tumult in the City , which continued all Night , where a Deacon of the Crafts was killed by one of the Hamiltons , which did quite alienate the Citizens affection , from the Earl of Arran ; and made them incline to the Earl of Angus ; this made the Earls of Arran , and Angus begin to cross each other : Whereupon followed much Confusion in the Country , and much Blood-shed between the Douglasses and the Hamiltons ; at last having encountred one another with their followers , at Edenburgh they fight most desperately in the Street , till at length the Hamiltons were forced to retire , having left above fourscore of their number dead upon the Street . These broils coming to the Governours ears in France , he made all the haste he could home ; coming to Edenburgh , he set himself to amend the Enormities , committed in his absence : a Parliament is called , to which many Noblemen and Gentlemen are cited to appear and answer , but some fearing the Event appeared not : Whereupon their Estates are forfeited ; several fled into England , among which were the Humes , and the Cockburns , who were the Authors of Darcies death , others submitted and were pardoned . The King of England being informed of the Condition of Scotland , sent thither an Embassador requiring the Duke to avoid the Country , according to the Articles agreed upon , between him , and the King of France in their last Truce . To which he answered , that what the Kings of France and England agreed upon in their Treaties of Peace , was to him uncertain , but of this he was most certain that neither the King of England nor France , had Power to Banish him ( a Foraigner over them where Authority did not reach , ) his Native Country , like over like having no Jurisdiction . Whereupon King Henry gathered a great Army to Invade Scotland . Now they draw to Arms on both sides , the Governour marches with his Army to Carlile , where he pitched his Camp upon the River Esk , this struck great Terror to the Citizens of Carlile , who offered him divers presents for their safety of the Town , which were rejected , but the Nobility refusing to go upon English ground ( suspecting that the Governour only played the Game of the French ) he was forced to come to a Truce . However the Governour resolving to be revenged upon England , went to France where he obtained from the King , Three Thousand Pikes , and One Thousand Lances , with which he returned home , and having raised an Army with them he Marches to England , and Besieges Wark , but is Repulsed ; whereupon much against his will , a Truce for some Months is concluded on . Soon after , the Administration of the Government was put upon the Prince himself , the Thirteenth Year of his age ; the Governour returning to France , after which he never returned to Scotland . A Parliament is called , wherein a Peace is concluded with England , and eight Lords appointed to have the Custody of the Kings Person quarterly . Embassadors were sent to England , to treat for a Marriage between the King , and the King of Englands Daughter , which came to nothing . The State began of New to be tossed with the troublesom factions of the Queen , and the Earl of Angus ; the Queens Faction accused Angus of High Treason , for detaining the King against his will : to which the Earl moved the King to give an answer , shewing that he was not kept against his will. But with all sent another Letter secretly , desiring by any means he might be removed from the Earl ; upon this advertisment , the Queen , and they of her Faction Assemble what Forces they could raise , and with great expedition marched from Sterling to Edenburgh . The Earl of Angus , with the Citizens of Edenburgh , and the King ( though against his will ) Marched out against them , when the Leaders of the Queens Forces understood , that the King himself was in Person in the advers Army they would advance no farther , but retired back again to Sterling , where they Disbanded , and returned every man to his own dwelling place ; presently after the Queen sues for a Divorce from the Earl of Angus , which the Archbishop of S. Andrews granted with the Earls own consent . The King wearied of his confinement in the Earl of Angus his custody , consults with the Lord of Buccleugh , and some Borderers , how he might be set at Liberty ; they Essayed it by Arms at Melross , but were put to the worst , then the Earl of Lenox undertook it , and raised some Forces for that end , but the Earl of Angus having gotten the assistance of the Earl of Arran , with several others , quite routed him near Costerphin where he was killed in cold Blood. Now , the Earl of Angus thinks himself secure enough , having put all things in ( as he thought ) to rights , he takes a progress to Lothian , leaving the King at Faulkland . Now the King amidst his Solitary walks in his Park , bethinks himself what a fair oportunity he had , resolved to essay by stratagem what the Factions of his Nobles could not perform by Force , thereupon he directeth the Forester of the Park to advertise such Gentlemen about as kept Hounds , to attend him next Morning , for he would have his Sport early ; he Suppeth sooner then he used , Commanding all to their rest ; the waiters all shifted , and the Court hush'd , shutting his Camber door , in the Apparel of one of his Grooms , unperceived , he passed the Guards to the stable , where with two who attended him with ready Horses , he posted to Sterline , where many of the Nobility and Gentry flocking to him , he discharged the Earl of Angus from all Publick Offices , whereat he was so exasperated , that he and his Friends , followed very extravagant Courses , but the King pursued them so , that after much misery at home , they were constrained to fly into England , where they were Charitably received , and Honourably entertained by King Henry . The next year the King visited the Borders , holding Justice Courts , and executing Justice upon all Oppressors , Thieves , and Out-Laws there in Ewsdale ; He caused eight and twenty famous Robbers to be Hanged , others he brought with him to Edenburgh , for more publick Execution and Example ; yet the Borders were nothing the more Peaceable , for by the means of the Earl of Angus , the English make daily Incursions , and Spoiles the Country ; the Scots likewise serving the English with the same Sauce , till at last , by the Mediation of the French King , a Peace is concluded on , during the Princes Lives , and one Year after the Decease of him who should Dye first . About this time the Pope's Power began to Totter in England , King Henry having renounced all Subjection to him , because he would not Grant him a Divorce from his Queen Katharine , who had been before Married to his Brother , Prince Arthur , and then ( by a Dispensation from the Pope ) to him . The Pope finding King Henry peremptory in his purpose , did , together with the Emperor , deal with King James to make War with England , and to this end sent an Ambassador privately to Scotland : King Henry went on with his Affairs in England , and Executed John Fisher , Bishop of Rochester , for asserting the Pope's Supremacy in England : Upon this , the whole Conclave stirr'd up the Pope against King Henry , wherefore he sent another Ambassador to Scotland , most invectively Exclaiming against the King of England's Cruelty , and humbly desiring King James's assistance against him . King James ( to try his Uncle's Mind ) send an Ambassador to England , to acquaint him with the Emperors and Popes Embassage . King Henry presently dispatched William Lord Howard to Scotland , who made such hasty Journeys , that he prevented the News of his coming ; he found the King at Sterline , a part of his Ambassage was , That the two Kings must have an interview at York ; this so startled the Church-men , fearing , that his Uncle might infect the King with the Opinions of the new Reformers , that they opposed it with all their might : Yet the King and his Council proposed , that the Meeting might be at New-Castle , which the Lord Howard would , in no wise , hear of , but departed in a chafe . King James having so many great Matches in his offer , now resolves to accept of some one or other ; wherefore Sailing from Kirkaldie in ten days , he arrived at Diep in Normandy , and from thence to Vandosme , where the Lady Mary of Burbon was ; but upon some considerations he setled not his Affections upon her , though a great Beauty , but went to Paris , where he fell in Love with Magdalen , Daughter to King Francis , with her he was Married in the Church of Nostradam , with great Solemnity ; and soon after Returned with her to Scotland , but to his great Grief ; she Dyed within a few Months after , and was Buried at Holyrood-House . Not long after , the King ( desirous of Succession ) sendeth David Beaton , and the Lord Maxwel to France , to propose Marriage in his Name , to Mary of Lorrain . In the mean time , two Plots against his Life are discovered at Court , one by John , Eldest Son to the Lord Forbes , who thereupon was put to Death ; yet the King was much Grieved afterward , finding great probability , that he was accused through Malice : The other was Jane Doughlass , with her Husband Archbald Campbel of Keepneeth , who , in the thoughts of many , were as groundlesly Accused as the first , yet both were found Guilty , and Dyed for it . The King's Marriage with the foresaid Lady , being Concluded , they are Married by Proxie , and she Arrived in Scotland , A. D. 1538. Soon after the Queen Dowager Dyed at Methwen , and was Buried in the Charter-House of Perth . Now began the Kingdom to be divided in Matters of Religion , the Reformation breaking in upon them , which perplexed the King exceedingly , not knowing what course to take : His Council was against violent Courses to be followed , but the Prelates , who had most his Ear , gave him a quite contrary Advice ; after which , most vigorous Inquisitions are established , and Punishments denounced against all such as departed from Popery ; whereupon some are Burnt alive , others Banished , and many Imprisoned ; amongst which , was that famous Poet and Historian , Master George Buchanan , who whilst his Keepers Slept , escaped by a Window of the Prison , the Muses holding the Rope . The King of England , having by this time , so Irritated the Pope , that he was Excommunicated , sendeth again to his Nephew King James , desiring an Interview at York ; the Nobility were clearly for it , but the Church-men fearing their Bacon , was as much against it , pretending , the hazard that his Person and Kingdom would be lyable to . After long reasoning upon both sides , it was agreed , That the King should not altogether refuse to meet his Uncle , but adhere to the first offer proposed to his Ambassador , concerning this Interview ; which the King of England , rather than his Sute should take no effect , accepts : But an Incursion , which hapened upon the Borders , made him that he lost all heart to the Interview ; hereupon he sendeth many Letters , excusing his stay , also representing his many Grievances and Wrongs ; thus were the Seeds of Discord again sown amongst them . The reformed Religion , by this time , begins to be professed by many ; for the curbing of which , the Prelates presents Sir James Hamilton , natural Son to the Earl of Arran , to be Supream Judge of the Inquisition , which turned to his own Ruine ; for while he is vigorously Persecuting all such as were suspected of the reformed Religion , having many in Jayles , and multitudes in Scrolls , to bring within the Labyrinth of a Process , the Supream Providence Arresteth himself : For having a Process against James Hamilton , Sheriff of Lithgow , his own Couzen ; the said James Accuses him of High Treason , for which ( notwithstanding all that the Prelates could do in his Favour ) he was Tryed , Condemned , and put to Death . Not long after , divers of the Nobility became to Favor the Protestant Religion , which so perplexed the King , that he knew not what to do ; he became very sullen and retired , that he would scarce suffer his own Domesticks to come near , to add to his perplexity , ( as he lay in the Palace of Lithgow ) in the midst of the Night he leaped out of his Bed , and called for Lights , commandeth his Servants to search for Thomas Scot , his Justice Clerk , who ( he said ) stood by his Bed-side loaden with great Weights , cursing the time that ever he Served him ; for by too much Obedience to him , he was by the Justice of God condemned to everlasting Torments . Soon after , News came , That the said Thomas Scot Dyed at Edenburgh , much about the same Hour of the Night . Another Instance of the same nature was , Sir James Hamilton , a little after his Death , seemed to the King , to have appeared to him in a gastly manner , with a Sword in his hand , with which he thought he cut off both his Arms , advertising him , he would come again shortly , and be more fully revenged . The next day after the Vision , word came , that both his Sons were departed this Life almost in one hour . King Henry finding himself disappointed , by his Nephew , of their Meeting , and understanding the Church-men to have been the occasion of it , maketh Prizes of all the Scottish Ships that his Fleet could meet with by Sea , and Incursions with his garrisoned Souldiers by Land. King James directeth James Lermonth of Darsie to his Uncle , to give sufficient Reasons for his not meeting him at New-Castle , and to demand Restitution of his Ships . King Henry not only refuseth to restore the Ships , but also delaying the Answer of the Scottish Ambassador to gain time , sendeth Sir Robert B●wes , seconded with the Earl of Angus , and Sir George Douglass , in hasty manner , to invade Scotland : These to the number of Three Thousand , Burn and Destroy all before them , till at last the Earl of Huntly , with some Borderers , meeting them at a Place called Valldanrigg , quite routed them , Killed many , and took some Prisoners . The next Summer King Henry sent the Earl of Norfolk towards Scotland with an Army of Forty Thousand Men , accompanied with a great many of the English Nobility . King James advertised of their coming , Mustered an Army of Thirty Thousand Men on Falla-moor , to Oppose them . When the Duke of Norfolk understood that he was resolved to give him Battel , choosing rather to make an honourable Retreat , than give a doubtful Charge , he retireth off the Scottish ground : Whereupon King James encouraged his Nobility and Army to follow them , and revenge old Quarrels : The Nobles answered , That to defend their Prince and Country , they would hazzard their Lives , or whatever was dear to them . If the Enemy had stayed upon Scottish Ground , they would either make them retire , or Dung the Field with their Carcasses . But to Invade England , they did not think their Quarrel just enough , neither had they Ammunition enough to Engage with so strong an Enemy in his own Country ; that they thought it enough , that upon their approaching , they made the English retire , if not fly ; for whether they did fly or retire , they had suffered as much Wrong as they had done . The King finding them thus obstinate , returneth with his Army to Edenburgh , where he immediately Disbanded them ; he begins most bitterly to reflect upon the Noble mens refusing to Invade England , which was aggravated and abetted by Cardinal Beat●n , Oliver Sinclave , and others . The Lord Maxnel seeing the King so highly Offended , desired His Majesty to give him Ten Thousand men , and he would ingage his Honour , to effect something to the King's Satisfaction ; the King thanketh him for his Offer , appointeth a Rendezvous upon the West Marches : No Proclamations are divulged for the levies of Men , but close Letters sent . The Cardinal , and the Earl of Arran , March towards Haddingtoun , and the East Borders ; and several Earls , Lords , and Barons , accompanied with the King 's Domestick Servants , ride to the West Borders : The Night before they rode , the King himself came to Lochmabban to attend the Event . Sir Thomas Wharton , Warden of the Marches , much troubled at such a frequent Assembly of the Scottish Riders ; raising the Power of the Country , placeth them by a Hill , where he might take a view of the Forces . The Scottish Lords beholding the English putting themselves in a Fighting posture , desire to know the King's Lieutenant-General ; whereupon Oliver Sinclave is mounted upon crossed Pikes , and the Commission read , wherein he is designed to be Lieutenant , and all Commanded , in the King's Name , to follow him . No sooner began the Commission to be read , but such a Tumult , and confused Clamour arose in the Army , that there was no Order kept ; every thing running in Confusion . The English taking advantage of the Disorder , brake in among them ; while they stand in Amaze , doubting whether to Fly or Stand. Here is a general Surprize , most part willingly rendering themselves to the English , without any shew of Defence ; many of the Nobility and Gentry were taken and carried Prisoners to London , where they remained till after the King's Death . The certainty of this voluntary Defeat coming to the King at Lockmabban , so Stupified and Astonished him , that he had neither Council nor Resolution what to follow ; apprehending by this and their former Actions , that the Nobility had Conspired his overthrow . After which he came to Faulkland , where he gave himself over to Sorrow : Now are his Thoughts busied with Revenge , as also with rage against his Nobility . Long Watchings , continual Cares and Passions , abstinence from Food and Recreation , had so extenuated his Body , that pierced with Grief , Anguish , Impatience , Despair , he remained affixed to his Bed. To Comfort him , Letters came from Lithgow to him , That his Queen was delivered of a Daughter ; when he heard it was a Daughter , he turned his Face from them that read the Letter , and Sighing a Farewel to the World : It will end as it began ( sayes he ) the Crown came by a Woman , and it will go with one . The Cardinal put some blank Papers in his hand , of which they Composed a Letter-Will , which , whether he Subscribed or not , is uncertain : After which he spoke not many Words that could be understood ; he Dyed the Thirteenth of December , Anno Dom. 1542. in the Thirty-Third Year of his Age , and Thirty-Second of his Reign ; not without Suspition of having got an Italian Posset by the Cardinal's means . The King was no sooner Dead ( leaving his young Daughter , who was afterward called Mary , to Succeed ) then the Cardinal proclaimed his Last Will , wherein were expressed four Protectors or Regents , of whom himself was the First and Principal , and with him were joyned the Earls of Huntly , Argyle , and Murry . But within a Week after , the Chase was turned : For the Earl of Arran being advised by the Lord of Grange , who was Treasurer , and Master Henry Balneaves , with some others , caused to Assemble the Peers of the Realm , representing to them his undoubted Title to the Government of the Kingdom , during the Minority of her , to whom , by Line , he should Succeed , if she want Succession of her own body . The Cardinal opposed himself , and all his Interest against Arran , but it was carried by many Voices ; whereupon Arran was declared Governor , and with publick Proclamation invested in his Office. A Parliament soon followed , wherein the Clergy most violently pressed , That severe Edicts might be Published against those they called Hereticks : But others Propounding in Parliament , whether such , of the People , as could not speak Latine , might not have the Word of their Salvation in the Language they understood , as Lawfully as they that understood Latine , must have it in that Language ; it was Voted Affirmative , and at last , after much debating , it passed into an Act , That it was free for all Men and Women to Read the Scripture in their own vulgar Tongue ; and all Acts made to the contrary were rescinded . King Henry ( before the Parliament was ended ) sent an Ambassador to Scotland , whose Embassage was to Contract a perpetual League and Amity between the Two Kingdoms ; and that all Occasions of Wars might be taken away , a Match was proposed , by the Ambassador , between young Prince Edward , and the Queen of Scotland ; which was by the Governour and Parliament Accepted ; whereupon they sent their Ambassadors to England , where things came so far , that both Partyes declared their Agreement in all Particulars , except the time when the young Queen should be delivered to the English . The Papists foreseeing what would probably follow , if the Queen should be put in their Enemy , the King of England's hand ; begin , with all their might , to Oppose it : about this time the Governors base Brother , John Hamilton , came from France , who was very helpful to his brethren the Papists , in carrying on all their Affairs . At last , partly by few promises of great Things , and partly by Threatning to declare him an Enemy to Holy-Church , if he complied not , they make him Condescend to break with England ; whereupon ensued great and bloody Wars between the Two Kingdoms ; for King Henry immediately sent a strong Army to Scotland , who came as far as Edenburgh , committing great Hostilities . In compensation of which , the Scots enter England : Burning and Destroying all before them , returning again with great Spoil . Mr. George Wishart , being by Cardinal Beaton , burnt Alive for the Protestant Religion ; the said Cardinal was surprized by Norman Loslie Master of Rothes , William Kirkaldie of Grange , and John Loslie of Park-Hill , in his Castle of St. Andrews , and put to Death ; Possessing themselves of the Castle for their Security , knowing that now they were to have many and powerful Enemies , which accordingly fell out ; for the Papists procure an Army from France , under the conduct of Monsieur Deosel , who besieged the Castle , and soon after took it . King Henry being now Dead , his Son King Edward sent an Army of Ten Thousand Men to Scotland : The Popish Party there procures the like number from France ; these two Armies grievously infested the Country . The next Year the Queen was at Six years of Age Transported by the West Seas into France ( escaping the English Fleet , that watched for her about Calice ) and soon after Married to the Daulphine . However , the Reformation goes on , notwithstanding the Queen-Mother , who is now stiled Queen-Regent her opposition . She was Assisted in her Designs by the French ( as the Reformers were also by the English ) but her Death put a stop to the Persecution ; which gave the Protestants opportunity of putting things in order , relating to the Worship of God. Great Preparations were making in France , for invading of Scotland , and root out the Reformed Religion : This terrified the Reformers mightily ; but while they were in a Consternation , not knowing what to do , the King of France Dyed , and their Queen remained a Widdow ; this was a great Deliverance to them , for by his Death the intended Invasion came to nothing . Soon after , the Queen comes Home , and sets up Mass in her Chappel , which the Reformers opposed . This bred much confusion in the State ; but the Queen finding that the Body of the People , with most part of the Nobility were against her Way , she became a little more calm , condescending that some Maintenance might be settled upon the Ministers . About this time , the Earl of Huntly breaks out in a Rebellion in the North ; to oppose which , the Queen went her self in Person , and Routed him , near Aberdeen , his Sons , and many of his Friends being Slain , himself also Dying in the place without any Wound . The Easter following , Mass began to be very publick at Edinburgh , which so incensed the Lords and others , That they Imprisoned several Priests : The Queen began to Storm at this , but they told her , That what they did was according to Law , and they would Justify it in Parliament . In July 1564. The Earl of Lenox , with his Son Henry Stewart , Lord Darly , return from England , and were very graciously received by the Queen , who took such Affection to Darly , that she Posts away Lethington to Queen Elizabeth , shewing her , That she meant to Marry him : Queen Elizabeth ( pretending her disliking of such Contracts of Princes with Subjects ) labours to diswade her from it ; but under-hand promotes it for her own ends . The Queen ( with some difficulty ) gets her intended Marriage ratified in Parliament , which was afterward Proclaimed by name , Henry and Mary , King and Queen of Scotland , and Solemnized the Twenty-Seventh of July , 1565. This procures great Alterations in the State ; for several Lords and Gentlemen of the Reformation , being Summoned to Appear before the King and Queen ; and upon Non-appearance , were declared Rebels : Whereupon , the King and Queen presently take Armes ; the Lords , with their Intention , fled into England , where they stayed a while under Queen Elizabeth's Protection , who afterward dismissed them , writing to the King and Queen in their Favours ; at length they came to an Agreement , which yet continued not long . For the King beginning to be jealous of the daily resort of French-men to Court , and of their great Favor with the Queen , caused one of them , called Rizio , who from a Musitian , was advanced to be the Queen's Secretary for French , to be seized in her Chamber , and presently put to Death ; and finding that this Action brought him under the odium of the Papists , he made a shew of turning Protestant , calling home several of the Banished Lords and others : But however , from that day he began to be despised by the Queen , and Bothwel is advanced . The Nineteenth of June , 1566. The Queen , at Edinburg , was Delivered of a Son , to the great Joy of all the Kingdom ; he was Baptized at Sterlin , December the Seventeenth , and called James ; the Witnesses were the Earl of Bedford for Queen Elizabeth , who in her Name presented a Font of pure Gold , valued at Three Thousand Crowns ; the Count de Briance for the French King , and an Ambassador for the Duke of Savoy . The King finding himself daily slighted by the Queen , repaired to his Father at Glasgow , where , by the way , he was taken very Ill with a Pain in his Stomack ; when he came to Glasgow his Body breaks out in blewish Blisters , which when the Physitians saw , they knew him to have been Poisoned ; but with their Antidotes , and his own vigorous Youth , he Recovered . Not long after , the Queen Visited him at Glasgow , and prevailed with him to come to Edinburg ; he Lodged in the Kirk-Field for his Health ( as was pretended ) : But many suspected that the Earl of Bothwel had a Design upon him , but few durst adventure to tell him of it : Yet the Earl of Orkney told him , That if he retired not hastily out of that Place , it would cost him his Life ; this Advertisement moved the Earl of Bothwel to hasten forward his Enterprize , laying a Train of Powder under the House where the King lay , which in the Night time did Blow it up ; but it was said , That the King was taken forth , and brought ▪ Alive to a Stable , where a Napkin was stopped in his Mouth , and he therewith Suffocated . Presently after , Bothwel obtains a Divorce from the Pope , to free him of his Wife , and was Married to the Queen , May the Fifteenth , 1567. Whereupon the Lords take Armes ( the Queen and Bothwel being at Dumbar ) resolving to call him to an Account for what was past : the Queen also , and he , sent to their Friends to come to their Defence ; the two Armies Faces each other at Seaton : Then Bothwel steps out upon Horse-back , between the Armies , offering to Fight with any that durst Charge him with that foul Aspersion of Murdering the King : James Murray offers the Combat , but he is refused , as not equal in Honour ; then his Brother , the Laird of Tully-Bardine , Accepts the Challenge ; him he refuseth , because he was not a Noble-man ; then the Lord Lyndsay presents himself , telling him , That he was his Equal every way : but the Queen recalled Bothwel , and would not suffer them to Fight . In fine , the Queen finding the Confederates resolute , and their Number exceeding her own , she desires Bothwel to shift for himself , for that she would put her self in their Hands ; which accordingly she did , and was by them conveyed to Edinburgh , and after to the Castle of Lochlevine . The Queen of England sends her Ambassador to the Lords , desiring , That the Queen might have her full Liberty ; and that the Prince might be sent to England to be Educated : At length Matters were wrought to that point , that she must of necessity resign the Crown to her Son 108. This young Prince was Crowned at Sterline , the Twenty-fourth of July , Anno Dom. 1567. at thirteen Months and eight days old . The Earls of Morteun and Hume , taking the Coronation Oath for him : Master Knox also Preached the Coronation Sermon . The Earl of Murray is , within a Month after , created Regent ; he presently Summons a Parliament , wherein divers are Executed , as having Accession to the late Kings Murder ; which occasioned many Factions in the State , and much hatred to the Regent . In the mean time the Queen was conveyed out of Lochlavin , by George Douglass the Governours Brother , my Lord Seaton , and divers of the House of Hamiltone , with their dependers waited to receive her , and conveyed her to Hamiltoun : The Regent being at Glasgow , draws together what men he could so suddenly command , and with them Marches to Langsidemoor , where it was Fought most Briskly ; but the Queen , though being more in number , was worsted ; after which she lost all courage , never resting till she was in England : The Regent returned Victor , and destributed the Spoyl among his Friends and Dependants . The Queen of England sends Ambassadors to the Regent , desiring him to send Commissioners to her , to give her a reason of their thus proceeding against their Queen , upon which he himself went to Berwick for that purpose : After long reasoning , they parted without concluding any thing . The Regent returning home , did not sit long Idle ; for the Earl of Hamilton pretending a right to the Regency , conveins his friends at Glasgow , the Regent presently went against him . He finding himself disappointed of many that he expected to come to his Assistance , submitted himself , and is made prisoner , Queen Mary , being by the Queen of Englands order conveyed to Carlisle . The Duke of Norfolk in hopes to get her in Marriage , became mighty forward to procure her liberation ; which made Queen Elizabeth begin to grow jealous of him ; whereupon he is committed to the Tower , a Conspiracy being discovered , which he managed for relievving the Queen of Scots . The Regent having brought things to some order at home , the Hamiltons seeing it impossible for them now to contend with him , Killed him most Treacherously and Basely , as he was passing through Lithgow , having shot him with a Hakbut , out at a Window , January the 22 d. 1569. About three Months after Lennox , the Kings Grandfather is chosen Regent . Hamilton being by all refused , he marches with 5000 to Lithgow , to suppress the Queens Faction , they intended to call a Parliament ; there great Confusion follows over all the Kingdom . A Parliament being summoned by the Regent at Sterling , they began to reform abuses , which are very many ; but they thinking themselves secure , took no care to keep Guards : Whereupon one George Bell marches from Edenburgh , in the Night time as guid to the Earl of Huntly ; he commanded five hundred men , they surprised them all in their Beds , some escaped , and others were taken Prisoners ; but the Regent himself was killed in the Tumult . Those who were for the King , chose the Earl of Mar Regent ; about this time the Duke of Norfolk was arraigned , and found guilty of Complotting with Queen Mary against Queen Elizabeth , and within four Months after had his Head chopt off upon Tower-Hill , where he confessed all the indictment : Mar about a year after being chosen Regent , dyes at Sterline ; to succeed whom , Mortoon was without controversie Elected . The King was committed to the keeping of Alexander Arskine , and Mr. George Buchanan made his Tutor , none of the Queens Party being permitted to come near him . The Factious had by this time become very unnatural ; the Mother against the Son , and the Son against the Mother . Edenburg Castle , which Kirkaldie of Grange kept for the Queen , is besieged and taken by the Regent , and the Governour , with his Brother Hanged . The Regent proud of his Success , began to be somewhat extravagant , which was a forerunner of his downfall , which his Enemies improved to his disadvantage : Whereupon he is deposed . The King seeing that things were turning from bad to worse , took the Scepter in his own Hand , having the Assistance of twelve Noblemen , whereof M●rtoun was one : A Parliament soon after is called at Edingburgh , where the King appeared to his People , being yet but twelve years Old. In this Parliament was ratified that Confession of Faith inserted in the late Test in Scotland . Anno Dom. 1582. Fell out the Road of Ruthwen , where the King was Seized by some of his Nobles , and carried to Edinburg , upon pretence , That he was Misled by bad Councils : They kept him under a sort of Restraint for above a Year ; but at last , being at St. Andrews , he was Relieved by Collonel Stewart Captain of the Castle ; for as the King had entred the Gate , the Collonel presently shuts it , and by this means shuts out the company that attended the King : Soon after , many of them are Imprisoned , but all obtain a Pardon , except the Earl of Goury , who was Arraigned , Condemned , and Executed , Anno Dom. 1584. About which time there is a Plot discovered in England , to set the Queen of Scots at Liberty ; in which the Lord Pag●t Throgmorton and others were concerned , who accordingly suffered for it . But the Suspition of all reflected upon Queen Mary , which hastened her ruine : Whereupon she was removed from her Fifteen Years Imprisonment under the Earl of Shrewsberry , to Sir Amias Pawlet , and Sir Drew Drury in Fothrengam Castle , on purpose to put her upon extremities of Redress against their extream Imprisoning : Whereupon she deals with the Pope and Spain to hasten the means of her Relief , but it proved the hastening of her destruction . The Council of England after long deliberation what to do with Queen Mary , at last resolved to proceed against her upon Act 27. Eliz. Against Plotters or Contrivers of the Queens Death . To which purpose a Commission under the Great Seal issued out , Impowering twenty-four Noble-Men and others therein , who came to the Castle the 11th . of Octob. 1536. to Try her . The manner of her Tryal was thus . A Chair of State was set , as for the Queen of England , at the upper end of the Presence Chamber . Beneath against it was placed a Chair for the Queen of Scots ; close to the Walls on both sides of the Cloath of Estate , seats were made for the Lords ; next to these were the Knights , Privy Councellors . Forward before the Earls , sate the two Chief Justices , and on the other side , other two Justices . At a Table in the midst sate the Attorney General , the Solicitor , a Sergeant at Law , the Clerk of the Crown , and two Notaries . The Inditement being read , she declined their Jurisdiction , being a free Princess , and not a Subject to the Crown of England ; to which it was Answered , That her declinator was in vain , for whosoever offends the Laws of England in England must be subject to the same , and accordingly examined and Judged . So they proceeded to examine the Evidence , and after a long Tryal , and much spoken on both sides , she is found guilty . Not many dayes after a Parliament was called , wherein Queen Elizabeth was besought , that the Sentence against the Queen of Scots , might be put in Execution . The Queen desired that some other methods might be consulted for safely , and that poor distressed Queen spared ; but they answer , What no other satisfaction ▪ Whereupon the Sentence was Proclaimed throughout London and all the Kingdom ▪ King James hearing of his Mothers condition , writ several Letters to Queen Elizabeth , passionately desiring , that the Sentence might be reversed ; but all to no purpose : for soon after she signed a Warrant for a Mandate fitted for the Great Seal for her Execution , which was performed upon Wednesday , the 8th . of February , 1586. Queen Elizabeth immediately after Writes a Letter full of Apologies , and fair promises to King James ; yet notwithstanding in great discontent , he calls home his Ambassadours from the Court of England . The States of Scotland urge him to a revenge : The King of Spain also , and the Pope promise him great assistance , if he would undertake it ; but he thought fit to delay for a time , which made England the more suspitious of his Designs . Wherefore an Ambassadour was sent to him , earnestly desiring him to take off his adherence from Forreign Friendship , assuring him that his Mothers fate would be no prejudice to his right of Succession , which was a powerful Argument with him . The next Year , the Kings Marriage with the King of Denmarks Daughter was agreed upon . In the mean time , the Popish Lords , such as Huntly , Cranford and A●rol , make a Rebellion in the North ; to suppress which , the King himself went in Person ; at his coming , the Rebels disperse ; the Headers of them submitted to the Kings Mercy , and are commited close Prisoners , and not long after Tryed and found Guilty ; but the Sentence was delayed to an indefinite time , which at last turned to a Pardon . The King hearing that his Marriage was consumated at Denmark by Proxie , and the Queen at Sea , was soon after surprised with the News , that her Navy was beat into Norway by a Storm : He presently resolves to go thither , and meet Her , which he does very privately ; leaving the Government of the Kingdom to his Council . Within five dayes he arrives at Norway , where he was solemnly Marryed the next Sunday . From thence he went with his Queen to Visit the Queen Mother of Denmark ; where they staid till April following : Then having sent for Shipping to return , they Landed at Leith the 20 th . day of May , Anno Dom. 1590. and a little after the Queen was solemnly Crowned at Holy-Rood-House . Though the King made severe Laws against Feuds , yet were they not quite suppressed , for by reason of a quarrel between the Earles of Huntly , and Murray the North broke very loose , as did the Kers also in the South ; but they were soon suppressed , till Bothwel afterward ( being Imprisoned , for consulting with Witches to take away the Kings Life , and having escaped , made an attempt upon the Kings Lodgings , and was repulsed ; ) being suspected to have been with Murray , the Earl of Huntly procures a Warrant to take him ; and coming to Dunnibirsle , where Murray was , firing the House , Murray attempting to make his Escape was Barbarously Murdered . Bothwel having so often been disappointed of his designes , at last having got some of the Lords on his side , he came in by the Postern-gate , under disguise of attending my Lady Athole , with another of his Companions armed , to the very Bed-Chamber ; where he forced the King to grant him a Pardon , which was the next day repealed in Council , and Bothwel and his Associates forced to fly . Anno Dom. 1593. The Queen was delivered of her first Born in Sterli●g , where he was Christned in the Chappel Roval , by the Name of Henry Frederick . Two Years after , Princess Elizabeth was born at Edenburgh . The King resolving to bring the Church of Scotland to a Conformity in Government , and Ceremonies , did occasion much confusion ; for the Ministers strong opposed ; having also a great part of the Nobility on their side . The Popish Lords and others unable to stand out any longer , submitted to the Censure of the Church . The next Year a Parliament is called , wherein the King will have some of the Ministers sit as representing the Church ; being Church Affairs , as well as Affairs of State are handled there . Anno Dom. 1599. John Earl of Goury , and his Brother Alexander , attempt to kill the King at Perth ; but both of them dyed in the attempt , and had all their Lands seized for the Kings use . In commemoration of which , the 5th . of August is annually celebrated . The 26 th of February , 1600. Prince Charles was born at Domfermling , which afterward was King of Great Britain , &c. The Jesuits having no hope of Toleration in Scotland , all their Politicks having failed them , they went the old way to work . One Moubray at the Court of Spai● , undertook to kill King James , but as he was upon his way to London , he was discovered by an Italian , who accused him of his intended Murther ; whereupon they were both taken , and sent to Scotland . Moubray was committed to the Castle ; where having found a way to break the Iron Grates of the Prison window , thought to have let himself down by a Rope ; which proving too short , he fell from the precipice , and dashed out his braines upon a Rock . Queen Elizabeths health beginning to decay , by reason of her age , and the great troubles she had undergone , removes from London to Richmond , where she daily became weaker and weaker . The Lord Admiral , Lord Keeper , and Secretary Cecil came from the Council to know her pleasure concerning her Successor . She answered , My Throne is for a King , none oth●● shall Succeed me . Cecil asked her , What King ? She said , What other King , than my Kinsman the King of Scots : Then after some time not stirring , she leasurely turned her head about and dyed , the Seventyeth year of her Age , the 24th . of March. 1602. Her eyes being shut , the same day the Lords Spiritual and Temporal being Assembled , proclaimed her death , and declared King James her Successor : Presently Posting Letters to him , acquainting him with the Queens Death , and ( being a Body without a Head ) humbly desiring his Majesty to hasten to them , how soon , and in what manner he pleaseth . The King having communicated these Letters to his Privy-Council ; returns them his acknowledgment of their dutifull Affection . The King sets out for England , ordering the Queen to follow Twenty days after , the Princes Henry , Charles , and Princess Elizabeth at further Pleasure . He was most magnificently Entertained all the way , having a Gallant train of Scottish Noblemen and other Gentlemen , to convey him to Berwick , where he was most magnificently received by the English , and accompanied with Shouts and Acclamations of Joy by all ranks , in his Journey through England , till he came to London . His first Reception was in the Charter-House , where he stayed four days , having confered the Honour of Knighthood upon 80 Gentlemen . On St. Jameses's day the King and Queen were Crowned at Westminster in the Fatal Marble Chair . Secretary Elphingston was within a few years after accused by the King , for Writing Letters to the Pope in his Name ; which he confessed , and was thereupon committed , but soon after pardoned . The King was not allowed to enjoy the pleasure of his new Title with Peace , for soon after followed the Treason of the Lord Cobham and Gray , with Sir Walter Rawley , and others ; for which , some of the number being condemned to dye , and brought to the very Block , obtained a Pardon . His Majesty took upon him the Title of Great Britain , to take away every thing that might be occasion of discord amongst the Subjects of the two Kingdoms , and to that effect were sundry of his Majesties Chief Officers of Estate , sent for to England by Commission ; viz. The Earl of Mo●●rose Great Chancellour of Scotland . Francis Earl of Errol , Lord great Constable , Alexander Lord Urquhart and Fyve President . Sir Thomas Hamilton Advocate , the Lords , Lithgow and Roxburgh ; with sundry others of the Nobility , with Sir John Sharp , and Sir Thomas Craig , Learned Lawyers . These meeting with the Chancellour , Treasurer , Secretary , had many Learned Orations , Conferences , and Speeches , wherein the King assisted himself sometime in person . This great meeting was dissolved without any great business done . At this time came to England Don John de Velasco great Constable of Castile , and Extraordinary Ambassador from the King of Spain , to take Oath of the King for observation of the Articles of Peace concluded between these two Kings . Like as Baron Howard of Essingham , and Earl of Nottingham , and High Admiral of England , was sent into Spain , to take the King of Spain's Oath for observation of Peace . Like as Edward Baron of Beauchamp and Earl of Hartford , were sent into the low Countries for the same purpose . The Earl of Rutland was sent into Denmark , and sundry Noblemen and Gentlemen , to sundry Kings and Princes , and Common-wealths , his Confederates and Allyances . Thomas Percie , Robert Catesbee , Thomas Winter , by the instigation of some Jesuits , having intended to Overthrow the King , His Queen , and Posterity , at one blow , intended that most inhumane and barbarous Treason , called , The Powder-Plot ; and to that effect , associating themselves with Sir Edward Dick●ee , Ambrose Rockwood , John Grant , the two Wrights , with sundry others fell to digging of the Vault , where after long travail , hearing that the Cellers were to Let , Hyring the Cellers which were under the Parliament House , to the use of Mr. Thomas Piercie one of the Kings Gentlemen Pensioners , and one of the chief Plotters ; where conveying in the said Cellers under the Parliament-House , a great quantity of Gun-Powder , with Billets and Faggots , with sundry other combustible stuff , the principle Plotters removed themselves to Warwickshire , under pretence of a Match Hunting , and at that time to surprise Lady Elizabeth , then in the custody of the Lord Hadington , whom they meant to proclaim Queen , and in her Name to enter into Arms. But there is an eye in Heaven , that seeth mens actions , and lays them open to the view of the World , by weak means , and weak instruments : All things succeeding thus happily , as they thought ; and leaving Faukes , alias Johnstoun to give Fire to the Train in the Night time by Torch : The Lord Monteagle going along in his Coach , an unknown Fellow presents him with a Letter : The tenor whereof was to withdraw his Lordship from that session of parliament , wherein there was something to be done against the Catholicks , but there was a terrible blow to be given , and no man should know who should be the giver of it , and when the Letter was burnt , the Peril was ended . My Lord Monteagle , in Religion Popish , notwithstanding delivereth the Letter to Salisbury , who acquainting my Lord Chamberlain , and after my Lord Admiral , and the Earls of Worster , and Northampton , who not finding out the meaning of the Letter , and knowing that the KING was well seen in such hid misteries , present it to his MAJESTY in the privy Gallery : The King Reading it over , and over again , Salisbury told him that he thought some Mad Fellow had written it : his Majesty asking the reason of Salisbury : He replyed , because he writ there was a terrible blow to be given , and no man should know who should be the giver : His Majestie answered , that the last sentence made the other more clear : That the Letter being burnt , the Peril was ended , which the burning of the Letter could make to no purpose to hinder the Peril . The King assured him that is was some blowing up of powder , and therefore desired that his houses might be surveyed . After examination , Wh●ngard , keeper of the Parliament House , told that he had let the House to Mr. Thomas Perci● ; & after some pains taken that same night , by the Lord Chamberlain , the Lord Knevet , Mr. Doublede , found the foresaid Faukes with a Dark Lanthorn , ready to enter the House , but he being apprehended , the Blow was prevented ; where swift fame carrying it down to the Country , the principal Plotters knew not where to flee to hide their heads . They surprize Warwick Castle , where being affrighted with drying of Gun-Powder , and other strange Dreams , seeing Castles and Towers blown up in the Air , they were at last besieged in the Castle of Warwick where Percie and Catesbee were both Shot with one Musquet , shot back to back , the rest were apprehended and brought to London , where after the Confession of all for the most part , and penitence and contrition in some , craving pardon of his Majestie and Countrie , for such an horrible and inhumane Fact , Catesbee , Grant , Winter , and Bates were Executed at the West of Pauls ; as also , Winter , the two Wrights , and Faukes , and Ambrose Rockwood at Westminster . So here we see the God of light brought the deed of Darkness to light , and as they said by their Confession , to cast the aspersion and Guilt of the Action upon the Puritanes , so the God of Heaven would have it to fall upon the Plotters themselves . After this followed the Nuptial of that Noble Lady , Lady Elizabeth , matched with the Prince Palatine of the Rhyne . At which time that Noble Prince , Prince Henry ▪ a prince so compleat of all Vertues , that Europe could not shew his second , a Prince so Mars-like , and so beloved of all military men , and so beloved of them ; that true Moecenas of Vertue , and Learning ; as appeared by his Valiant , his Active , and his Princely prise , wherein he intituled himself by the Name , Moeliades , Lord of the Isles ; challenging the Gentrie of Great Britain ; which was performed in the Hall of Whitehall by Torch Light ; the challengers were with him , the Duke of Lennox , the Earls of Arundal , Southampton , Pembr●ke , Sir Thomas Somerset , and Sir Richard Preston ; where before the King , the Queen , the Peers of the whole Island , with the concurrence of all Forraign Ambassadors , where he gave testimony of his Activeness , Agility and Quickness , which cannot be expressed to the Life , how every thing was done in the Action , and performed , and the prises given to the defendants , where the challengers and defendants were most Royally Feasted the next day , as the prise and reward of their Vertue and Valour , given by the Noblest Lady of Britain , according to the Tennor of the challenge ; and was given by Lady Elizabeth his sister , viz. 1. Philip Earl of Montgomerie . 2. Thomas Dearsie , son to the Lord Dearsie . 3. Sir Robert Gordon of Lochinvar . This Triumph being ended to his no small Honour . Much more might be said of this great Prince , who was taken away in the prime of his Years , ( to the great grief of all his Majesties most loving subjects ) to eternal happiness : for our sun-set , ensued no night , by arising of the day star of our Britain , CHARLES our hope , who long may raign over us . His Majesty being possest with a longing desire to see his Ancient native Kingdom ; made Progress in Anno 1617. and did so much by easie journey , till he came to Berwick upon Tweed ; where he reposed himself two or three dayes . From thence he came to the Bound-Rod : The Earle Hume hereditary Sheriff of the Mers , welcomed his Majesty with a gallant train of Gentlemen , being three thousand well mounted . His Majesty alighted at the Rod , and received the Dukes of Lennox and Buckingham , the Earls of Arundale , Rutland , Pembroke , Southampton , Montgomery , and Carlile , with many others of his Court , very Royally , making them welcome ; and mounted his Horse again : He rode to Dunglasse the Earl of Hume his residence , where he was bountifully entertained . The next day he removed to Seaton , the residence of the Earl Winton , where he was most Royally entertained . The next day he rode forward towards Edinburgh , where compassing the Town , riding the way of the Long-gate , he entred the West Port , where the Provost , Bayliffs and Counsel attended him in their bounds ; where Mr. John Hay , in name of the town , made an eloquent Oration , welcoming His Majesty , and was delivered to him a fair Bason with a thousand Pieces of Gold. Riding along to the high Church , being conducted by the Trained Bands of the Town , being clad in Velvet and Satin with Partizados in their hands ; and entring there he heard a Learned Sermon , by the Right Reverend Father in God the Arch-bishop of St. Andrews ; where after Sermon , he mounted his Horse and going toward the Abby , where at St. Johns Cross , the Provost taking leave of him , his Majesty Knighted him . And within few dayes his Majesty rode to his Parliament , with his Peers , Prelats , Barons , and Burgesses , and thereafter was most sumptuously feasted by the Town of Edinburgh . It is needless to set down in particulars what was done , because I intend Brevity . His Majesty removed to Linlithgow , and so to Striviling ; where he was feasted by the Earl of Marre : Thereafter he went to Dunfermling , Faulkland , Scone , &c. Where by the way he was feasted at Dearcie the Arch-Bishops residence . It were tedious to rehearse the Learned Orations , Poetical Poems , which were presented to His Majesty and are extant in a Book , called , The Muses Welcome . His Majesty crossing Tay to Angus , had every where most Royal Entertainment ; and returning the same way to Sterling , and so to Glasgow , where he was received by the Town : Thereafter he went to Lochlowmount , where he hunted , and slew many Deer ; and crossing the River of Clyde to Pasiey , where he was Entertained three dayes together by the Earl of Abercorne : From thence to Hamilton Pallace , where he was Honourably Entertained by the Marquess : From thence to Sanquihair , and so to Dumfries : Thereafter crossing the River of Eske , he went to Carlile , where he kept his fifth Day of August . And so taking along the West Sea Bank , through the Countries of Cumber , Westmerland , Lancashire , and Cheshire , and so crossing through the middle of England , he returned to London in health , with great joy and content of His Majesties loving Subjects ; where he lived a long time after in great Tranquillity and Peace with the Christian Princes his Neighbours , ballancing the affaires of Europe , and labouring the peace and quiet of all Christendom . His Piety , Religion , Learning , Bounty and Mercy , would of it self take a Volume , but every one of these lives after him , and speaks for him , as may appear by many excellent Poems he writ , as some part of Davids Psalmes , some part of Du Bartus Divine weeks , Lepanto , his Basilicon doron , his Book of Demonology , his premonition to Christian Princes , his Book against Conradus Vorstius , &c. are all sufficient of themselves to testify of him , and need no other blazing . He went to England the 36. of his Age , and brought with him his Queen , with a Goodly and Royal Progeny , bringing with him Kingdoms , Unity , Peace and Plenty , and ending his Pilgrimage ( being full of dayes ) at his House in Theobalds the 59th . Year of his Raigne , upon the Sabbath , to the everlasting Sabbath , where he rests . He was buried at Westminster . This Illustrious Monarch having dyed in a good old Age , left the Diadem of Three Kingdoms , in Succession , to his Son Charles , the first of that Name , who was immediately Proclaimed , being on a Sunday morning , when Doctor Laud then Bishop of St. Davids , was in the Pulpit at White-Hall , and broke off his Sermon upon the first Notion of the Fathers Death . He was set upon the Throne , A. M. 5682. Anno Dom. 1624. He Married Henrietta-Maria , Daughter to the French King , Henry the Fourth ; and Sister to Lewes the Thirteenth , of the Family of the B●urbones , whom he had formerly seen , as he passed through France into Spain : Having gone to meet her at Dover , his first Complement to her , was , That he desired to be no longer Master of himself , than he was Servant to her , which he made good to the full . He called his first Parliament at Westminster , which Assembled the Fifteenth of June following , Anno Dom. 1624 , wherein the King declared his want of Money , and the great Charge he was like to be put to , upon several Accounts , both at Home and Abroad ; especially to maintain the Army which was listed for recovering the Palatinate . The Parliament having several Petitions , which were presented to King James a little before his Death , un-answered ; Petitioned his Majesty to Redress those Grievances which concerned Religion and Priviledge , without which they could come to no Conclusions for raising of Money ; whereupon the King gave them full Assurance of all their Demands ; so they immediately Granted two Subsidies from Protestants , four from Papists , and three from the Clergy . After this the Parliament did not Sit long ; for the last Subsidies not being enough to defray the King's necessary Charges , he urges the Parliament for more ; but they , instead of answering his Just Demands , fall foul upon his Servants , who managed his Revenues , especially the great Duke of Buckingham : This came to such a Height in the Houses , that they came to the Canvasing his Commings in , his great Revenues of Crown Demeans , which they would Revoke , and Resume to supply the King's Wants ; which made the King , in great Regret , resolve to give an end to their Sitting ; and accordingly the next day Dissolved them . The City of London was at this time much wasted with a long Plague , which was the occasion of removing Michaelmas Term to Redding . There was another Parliament called soon after , but they began where the former left ; present Grievances , and impeach : Buckingham . Upon May the Nineteenth , 1630. The Queen was Delivered of a Son at Saint James's , who was Christened Charles , and Preserved by Providence , to Succeed his Father , to the Royal Scepters of Three Kingdoms ; the King of France , and the Prince Elector Palatine , represented by the Duke of Lennox , and the Marquess of Hamilton were his God-Fathers ; and the Queen-Mother of France , represented by the Dutchess of Richmond his God-Mother . The King in the Year 1633. made a Journey to Scotland , attended with a splend●d Train of the Nobility of both Kingdoms ; and upon June the Eighteenth , was solemnly Crowned King at Edinburgh ; which Solemnity being over , his Majesty called a Parliament , and in which he passed an Act , for Ratification of the old Acts ; some suspecting , that the Confirmation of Episcopacy was by it intended , with all their Strength opposed it , but in vain . Not long before his Majesty went to Scotland , being desirous ( if possible ) to have it prevented , he Writ to a Lord , who had the Trust of the Crown , to bring it to England , that he might be Crowned there : But the Lord answered , That he durst not for his Life do it ; but if his Majesty would be pleased to accept of it in its proper place , he should find his People there ready to yield him the highest Honour ; but if he should put it off much longer , it might tend to his Majesties and their great Loss ; neither could they be long without some to Govern them . In the Year 1633. October the Thirteenth , the Queen brought forth her second Son , who was Baptized James , and entituled , Duke of York : Much about this time the Discontents in Scotland began to increase ; some of the Nobility siding with the Male-contents ; of which the Lord Balmirreno , the chief Secretary of State was one , who was thereupon Arraigned by his Peers , and found Guilty ; but obtained the King's Pardon . December the Twenty-Eighth , 1635. the Lady Elizabeth was Born ; and now great Differences arose about Church-matters , chiefly occasioned by Arch-Bishop Laud's zealous injoyning of Ceremonies , as placing the Communion-Table at the East end of the Church upon an Ascent , with Rails Altar-wayes , with many other things not formerly insisted on by the Church , but now obstinately opposed by many , which brought things into great confusion . His Majesty earnestly desiring an Uniformity in Religion in Scotland ( a thing attempted before by King James ) enjoyned the Scots the use of the Liturgy and Surplice , with all the English Ceremonies , and began first in his own Chappel ; Proclamation being made , That the same Order should be kept in all Churches : The Bishops were satisfied with it , but the Ministers and People was so discontented , that when the Dean of Edinburgh began to read the Common-Prayer , the Women began to grumble ; upon which , the Bishop of Edinburgh steps up into the Pulpit to command Silence ; but this did but augment their Fury to such a height , that they Assaulted him ; some with Cudgels , others with Stones , and others ( for want of better Weapons ) were forced to pelt him with the Stools upon which they sat , to the great hazard of his Life : The Arch-Bishop of of St. Andrews ( being then Lord Chancellor ) interposing , was like to have been served with the same sawce : The like Disturbance happened in several other places ; whereupon the Council emitted Proclamations to prevent Tumults ; which was so little regarded by the multitude , that the Bishop of Galloway , going the next day to the Council , was by them pursued to the Council Chamber . They Seized also the City Magistrates , that they might not joyn with the Council to curb them . The Lords of the Council having at length , with fair words , in some measure , pacified them , they presently emit Proclamations to keep the Peace , but produced no such Effect ; for they stifly petitioned against the service-book ; which incensed the King extreamly : Thus matters went in the Year 1637. The next Year the Scots hearing , That the King was making preparations in England , to reduce them by force , they entred into a Covenant , to defend the Religion they profest ; whereupon , they sent for General Lesly , and other Officers from beyond Sea , putting themselves in a posture of Defence : But the Duke of Hamilton obtained a Declaration from the King , discharging the use of the service-book , & the five Articles of Perth for a time ; consenting also , that Church-matters may be ordered by general Assemblies . This Declaration ▪ being published , and a general Assembly convened at Glasgow ; the Bishops are summoned to appear there as Guilty persons ; but in answer to the Summons , the Bishops sent in a Protestation against their Assembly ; which the Covenanters , for a while , would not vouchsafe to Read , until they had dispatched what business they pleased : The King , having notice of their Proceedings against the Bishops , ordered their Assembly to be dissolved , which accordingly was done ; but the Covenanters presently emit a Protestation against it . In this Assembly they quite abolished Episcopacy : Whereupon , the King raises an Army in England , with which he marched in Person against the Scots ; but while his Majesty stayed at York , by the mediation of some persons , a Treaty of Peace was agreed upon ; wherein it was agreed , That the King should publish a Declaration , ratifying , what his Commissioners had promised in his name : That a general Assembly , and a Parliament be held at Edinburgh within a short time : And lastly , That upon disbanding their Forces , and restoring the King to his Forts and Castles ; the King was to recall his Fleet and Forces , and make Restitution of their Goods since the Breach . The King not finding the Scots punctual to their Articles , returned to England , and Nullified the agreement resolving now to try other courses : Whereupon , the Scots apprehending their danger , prepared for their own defence . The King resolves upon a War ; and with some difficulty compleateth his Army , whereof himself was Generalissimo . He began his march to the North , July the Twentieth , 1640. by which time the Scottish Army was upon the Border : Wherefore the King sent the Lord Conway with Twelve Hundred Horse , and Three Thousand Foot , to secure the Passes upon the River Tyne . General Lesly being advanced thither , desired Leave to pass to the King with their Grievances , which was denied ; whereupon he commands his Horse to take the Water ( the Foot to their no small hazard following ) and force their Passage ; which they did , and put the Lord Conway to a disorderly Retreat . Soon after , they took New-Castle , and then Durham . At last , His Majesty condescends to Treat with them , and to that end , receives a Petition from them , containing their Grievances ; for redressing of which , it was agreed , That sixteen English Lords should meet with as many Scots . Rippon was a place appointed for the Treaty ; here they appointed another Treaty to be held at London for composing all differences . Much about this time Montross fell off from the Covenanters , having by several private Letters tendered his service to the King , which came all to be discovered by the means of some that were about His Majesty . However , the Treaty went on at London , and at last was concluded : Whereupon the Scots , after five months abode in England , returned home . By this time a Parliament was called at Westminster ; wherein the breach was so far from being healed , that it was made wider . Divers of the Kings Favourites were impeached ; amongst which , Arch-Bishop Laud was one , and soon after him the Earl of Strafford . This Year 1641. His Majesty went towards Scotland , where he was entertained with great Demonstrations of Affection ; and confirmed the Treaty between the two Nations , by an Act of Parliament , which he summoned himself during his abode there . In the mean time , the horrid Rebellion in Ireland broke out ; wherein those cruel Butchers , did most barbarously murther about 200000. Protestants , Men , Women and Children . The King being then in Scotland , moved the Parliament to send thither Sir George Monroe with 2500. men to reduce the Rebels . The King being returned from Scotland , ( the Parliament then sitting at Westminster ) the breach daily grew wider ; wherefore the Scotish Commissioners interposed between the King and Parliament , for composing their differences , which were now grown to such a height , that the King not long after left London , and returned to York . Now began the Calamity of a sad War ; for which they began Vigorously to make preparations on both sides . The Scots finding ( as they pretended ) that the King was refractory to an Agreement with his Parliament ; and giving ear to those vile Libels that were spread abroad , which accused His Majesty of conniving at the Papists both in England and Ireland ( being called by the Parliament to their assistance ) entred England , Jan. 16. 1643. their Army being in number 18000. Foot , and 2000. Horse . In the mean time matters are fitting in Scotland , by James Earl ( afterward Marquess ) of Montross ; who having received the Kings Commission by Sir Robert Spotswood , to be General Governour of Scotland , passed into the heart of the Kingdom ; where he raised what men he could for the Kings Service , resolving with them to divert the Covenanters . They upon the other side raised an Army to oppose him . Their first Rencounter was near Perth ; where the Covenanters under the Command of the Lords Elcho , Tullibardine , and Drumond were quite routed ; here the Atholmen and Irishmen , of which he had 1500. did him good service . From thence he marcht Northward , to Aberdeen ; where at the Bridge of Dee , he defeated another Body of the Covenanters , under the Lord Burleighs command . After this Victory , he went about most of the Northern Countries , and brought a great many of them under Subjection , though himself and his Army were reduced to great straits by reason of the coldness of the weather , and scarceness of Victuals , yet he would not give over his enterprise . From thence he marched into Argileshire , where he burnt & destroyed all before him , and returned back again to Lochabor . He stayed not long there ; when hearing that Argile was coming against him , and was already the length of Innerlochy , He resolves ( finding his men bent for 't ) to fight him , which accordingly he did , and quite worsted him . Not long after , he had an absolute Victory over General Major Hurry at a place in the Highlands , called Aldearn , which did very much weaken the Covenanters . And Baily resolving revenge , at Alford was served with the same sauce himself . The next Victory that this Valiant Champion obtained , was at Kilsyth ; a fatal day it was to the Covenanters : for here they lost a great many Gentlemen of Quality , besides a vast number of common Souldiers : yea , such of their Leaders as escaped this bout , finding ( as they thought ) their strength quite gone , fled some to England , others to Ireland , and some also came in , and Submitted to Montross upon Mercy . Thus things being , in humane probability , brought to great order , Montross receives Orders from the King at Oxford , to march Southward with his Army : Where His Majesty promised to send him some recruit of Horse to fight Sir David Lesly , who was coming from England against Montross : But L●sly preventing the Kings recruits , surprises Montross at Philiphaugh , where he quite routed him . Thus the wheele of Fortune turnes now upon this gallant Nobleman , who was Conqueror hitherto , and forces him with a very few followers to shift for himself , leaving many of his Friends dead in this fatal place . Montross by this loss , being brought very low , he marched toward the North with the few men he had ; and after many endeavours to make up his Army again , he is surprised by a Message from His Majesty , Commanding him to lay down his Armes , and go into France , where he should stay till further Orders ; which accordingly he did , though with great reluctancy , in the Year 1646. But to return to the Scots Army in England : They after they had served the Parliament upon several occasions , and particularly at Marston-Moor , where they helpt them to obtain a Victory against Prince Rupert , retired to New-Castle . The King being brought so low , that he was hardly able to keep any thing of an Army in the Field , came thither in disguise , acquainting the Scotish-General , That he would now commit himself to him ; looking upon him as a man of Honour , that would do nothing but what is Just and Loyal , in a matter of such weight ; The General answered His Majesty , He would with all his heart serve him , and that the most effectual service that he thought he could do him , was to mediate a Peace between His Majesty and His Parliament . The Parliament being Advertised , that the King was in the Scotish Army ; sent their Messengers thither , to know upon what account they detained the King of England in their Camp ; who were only called in to assist the Parliament , but not to Act by themselves : Telling them further ; That if the King were in Scotland , as he was then in England ; they would not presume to keep him up from his Subjects there , as the Scots did in England ; the Committee of the Army answered , That they knew very well the People of Englands Right to the King to be as good as theirs ; neither did they detain His Majesty from them , but that he was with them as their King ; in no wise under restraint , but at full Liberty as became his Majesty to be . And further , that it was their earnest desires to see a well-setled Peace between His Majesty and his two Houses . Presently after , they had another message , desiring them to return home ; for that the Parliament had no further service for them ; thanking them withal for the Service they had done . The Committee replyed , that they came not to England without the Parliaments call , and that the Terms upon which they were invited thither , were not fulfilled by the Parliament , their Army wanting almost 500000 l. of their Arrears : That upon payment of it , they would go home . At last it was agreed , that the Scots should have 200000 pound of their Arrears in hand , and the rest should afterward be sent after them . So that within — weeks after , they would draw the Army out of England . As for the Kings Person , it was agreed , That he should be kept by the English in Honour and Splendor suitable to his Royal Dignity , and that nothing should be transacted in England concerning His Majesty , without the Advice and Consent of the Scots . Thus were they befooled by perfidious men , which brought a great reproach upon Them and their Posterity . Though it be false that they Sold him , yet it is a sad truth , that His Majesty told them , that the English would no longer stand to their Agreement , than they thought it for their Interest . His Majesty being now in the English's hands , they at first carried themselves somewhat respectfully to him ; but they began soon after to appear like themselves ; having purged the House of Commons of all such as they thought would oppose them , they began to keep His Majesty almost a close prisoner in the Isle of Wight . The Scots hearing how the King was thus ( contrary to the promise and engagement ) abused by the English , sent their Commissioners to London , to put the Parliament in mind of the agreement at New-Castle ; but before they came , the Game was altered ( the Parliament being purged by the Army ) the barbarous Juncto prove unexorable ; wherefore the Commissioners return home , and acquainted the Nobility how matters stood : Whereupon an Army is presently listed under the Duke of Hamilton , with which he marches to England , but is unfortunately overthrown at Preston ; most of the Souldiers being killed , and himself taken prisoner , and brought up to London ; where , not long after , he , together with the Earl of Holland , and Lord Capel , were Executed on Tower-hill . Within a few days , his Majesty is brought from the Isle of Wight to Windsor ; during his abode there , the Officers of the Army , and the Members they left in the House , proceeded to that height of Insolence , as to bring the King to a Tryal . Which , when it was Voted , and passed in the pretended House of Commons , they proceeded to make an Act for the Tryal of his Sacred Majesty ; which they intituled , An Act of the Commons of England , assembled in Parliament , for Erecting of an High Court of Justice , for Trying and Judging Charles Stewart King of England . This Terrible form of proceeding against his Majesty , struck great terrour to the hearts of all sober and good men ; yea , the Presbyterian Ministers , who before were against him , now declare themselves both in their Pulpits , and by earnest Petitions to the Parliament , to be zealous abhorrers of the Kings Death , and every where make publick Protestations against the Tryal ; yet nevertheless the Juncto goes on : And upon Fryday January the 19 th . 1648. his Majesty was brought by a strong Guard of Horse from Windsor to St. James's , and from thence to Westminster , where he was Tryed , and found Guilty , contrary to the Laws of God and Man : And upon January the 30 th . about two a Clock in the Afternoon , he submitted his Royal Neck to the Fatal stroak , upon a Scaffold Erected between White-Hall Gate , and the Gate leading to the Gallery to St. Jameses : The 24 th year of his Reign he was Interr'd , in St. Georges Chappel at Windsor . His sacred Majesty that now Reigns , being at this time in France , with the Queen Mother , is by Unanimous consent of all his Subjects in Scotland , proclaimed at Edenburg , Charles the Second , by the Grace of God , King of Scotland , England , France , and Ireland , &c. and presently after , they sent their Commissioners to treat with His Majesty , who was then in the Isle of Jerzey : After much debating on both sides , at last , Breda in Holland is agreed upon , as a fit place for a solemn Treaty . Here the Commissioners from the Church and State , met the King , and delivered the Propositions . During the Treaty , the above-mentioned Marquess of Montross was seized in Scotland , and Executed , which troubled his Majesty so much , that it went nigh to break the Treaty ; but at length , through the urgency of Affairs , it was concluded . And being brought to Edenburgh , it was agreed , that another Message should be sent to invite the King over , to take Possession of the Crown , which was his own by an unquestionable Title ; but the English Parliament replyed , If they could hinder it , it should not be so . Wherefore they prepare an Army to invade Scotland , under the command of their General Oliver Cromwell . However , the Scots no wise daunted at the Storms threatned from England , resolved to adhere to his Majesty , ( though upon their own terms ) . The King arriving at the mouth of Spey , in the North , several Lords were sent to accompany him to Edenburgh ; but in the mean time , Cromwell was advanced as far as Haddington against him . Sir David L●sly , sent Sir John Brown with a Party of Horse , which continued skirmishing for some while , but produced no great Effect : The next Rencounter was at Dumbar , where the Scots had a Bloody Overthrow from Cromwel ; which did exceedingly strengthen his Interest in Scotland . The first work that the Scots went about after this disaster , was the Coronation of the King , which was done at Scone ; with as great Solemnity , as the state of Affairs could allow : The Ceremony being over , His Majesty removed to Sterling , resolving to debate his right to Cromwell , where people of all ranks flocked to him ; insomuch , as in a short time , he had an Army of 22000 Men ; but they dividing amongst themselves , gave Cromwel opportunity to pass over ; & forthwith defeating a part of the Kings Army at Innerkething , possest himself of the whole Country : His Majesty seeing ( after the defeat ) that Cromwel was like to Conquer all Scotland , makes choyce of his most faithful Friends , to venture with him into England ; where he might with more safety and advantage hazard three Kingdoms , than in a Field ; wherefore with 16000 men he privately marched to England , by the way of Carlyle ; and without any considerable opposition , came to Lancashire ; where at Warrington Bridge , some considerable Forces of the Parliament were ready to cut down the Bridg , but the Scots were with them so suddenly , that they prevented the breaking down of the Bridg , & forced their way over the Planks . Hence his Majesty marched to Worcester in very good order . Cromwel hearing of his motions , sends Lamb●rt with a select Party of Horse ; after him the Parliament also raised numerous Forces in most Countryes in England ; all which marched to Worcester against the King. In the mean time Lambert gained a most Advantagious Pass at Hop●on , by a desperate attempt , having caused some of his Troopers to swim the River on Horseback , carrying their Houlsters and Pistols in their hands , to save them from wet ; whereby they put Major General Massey , and his men , to the retreat : So that the Parliamentarians had a fair opportunity to make a Bridge over the River , over which Cromwel passed , and joyned the rest of the Army ; which put the King upon a necessity of Fighting , ( the City being attacked on all sides ) : Whereupon his Majesty marched out of the City with horse and foot against them . Where followed a most desperate engagement ; insomuch that his Majesties Horse was twice shot under him ; every man resolving to dye in the Bed of Honour , rather than to have their Prince and Country thus trod upon by the base Usurpers : But the Enemy still advancing with fresh supplies where there was need of them , so over powered the Kings Forces , that they were forced at last to give ground , after twice Rallying , to retreat to the City . His Majesty seeing that all was lost , was forced to Retreat to the City by the same Gate he came out at , having left the Duke of Hamilton , Sir John Douglass , Sir Alexander Forbes , with many other Valiant Gentlemen behind him . His Majesty was exceedingly troubled for the loss of Duke Hamilton ; for that he did see him behave himself so Valiantly , and Fighting so desperately , even when he was incompassed with the Enemies Horse and Foot. It being impossible for His Majesty to keep the City long , the whole Nation almost being in Armes against him , he resolves to retire : Accordingly , with some few Attendants , he marched out at twelve a Clock at Night ; and thinking their Number might discover them , ordered every Man to shift for himself : Only with three or four in his Company , he came to a place called Boscobel , where he disrobed himself ; and for want of Scissers , had his Hair cut off with a Knife ; and so with the company of one Careless ( who brought him Provision ) he betook himself to a Wood , where he lodged in that Famous Royal-Oak : The Soldiers hunting about for him , and a Thousand Pounds promised to any that would take Him , either Dead or Alive . Soon after , His Majesty rode from Bently to Bristol before Mistress Lane ( she having a Pass for her self and her Servants ) whence He returned , and absconded a while in Sommersetshire , Wiltshire , and Hampshire ; and at last came to Briggemstone in Sussex , where He took Shipping , about the end of October , 1651. and was Safely wafted over to a Creek in Normandie , whence he went to Diep , and there provided himself of such Necessaries as served him until He came to his Mother , who was at the French Court. Cromwel hearing of Iretons Success in Ireland , and of Lieutenant General Monks Success in Scotland , makes a Motion , That for the Security of the Common-Wealth ( as it was then called ) the Parliament should be turned out , as a parcel of Drunkards , Whore-Masters , and Oppressors ; which was accordingly done , and then a new Convention is called , July , 1653. where the Government is put upon Oliver's Shoulders , by an Instrument delivered to him , by their Speaker Mr. Rouse . In this Year and the next , were Five Bloody Engagements at Sea , between the English and the Dutch ; the English for the most part having the Victory . In the Year 1656. Cromwel calls another Parliament , which he had so far secured for his Interest , that they invite him to take the Imperial Crown of this Realm ; which he , as a cunning Fox ( knowing that this step of his Advancement would hasten his Ruine ) with pretented modesty declined , contenting himself with being Lord-Protector , which he was made three Years before . Then they Petitioned him to accept of Three-Hundred Thousand Pounds a Year for his Support ; to have a New House of Lords ; to name his own Successor : All which ( with much ado ) he accepted of . But when Fortune had set him so High , that all the World that heard of it were Astonished : Behold , in the midst of his Triumph he is snatched away by Death , upon September the Third , 1658. He lay in State , at White-Hall , about six Weeks , and then was , in great Splendor , Interred in Westminster Abby , among the Princes of the Royal Blood : His Son Richard was presently Installed in his Place , wherein he had hardly time to look about , when Fleetwood and Lambert , with the rest of the Army thrust him out , calling the Long-Parliament again ; this Revolution was followed by another ; for soon after , several Gentlemen in Cheshire , under the conduct of Sir George Booth , rose for the Defence of their Priviledges , but were defeated by Lambert ; he immediately after turned out the Long-Parliament , and erected a Committee of Safety . His Majesties Friends looked on with some Hope all this while , seeing all these Metamorphosing of Government , might tend to the opening a Door for His Majesties entring General Monk hearing in Scotland , how matters went in England , drew his Army towards the Borders : Against him Lambert marched as far as New-Castle , resolving to Fight him ; but his men had no heart to the Work , which forced him to give way . In the mean time the remainder of the Long-Parliament , had again Convened with some difficulty , and Dissolved the Committee of Safety ; inviting General Monk to march with his Army to London , which he accordingly did ; and to requite their kindness , gets them Dissolved . In the Year 1660. Another Parliament was called at Westminster , where , by unanimous Consent , His Majesty was invited Home ; and accordingly , the Twenty-ninth of May following , His Majesty accompanied with the Dukes of York and Glocester , and attended with a Gallant Train of Lords and Gentlemen , Arrived at Dover , whence He was conducted through London , in great State to White-Hall ; where , by a Lineal Legal Succession , He possesses the Imperial Crown of Scotland , for almost Two Thousand Years : So that , for Royal Extraction , and Long Line of Just Descent , His Majesty may Reckon with any Monarch in the Christian World. AN APPENDIX To the Present STATE of SCOTLAND , SECT . I. Of its Climate , Dimension , Division , Air , Soil , Commodities . SCotland is one of the Two Kingdomes that divides the great Island of Brittain , being bounded on the East by the German Ocean , on the North , by the Dewcalledon Sea ; on the West , by the Irish Sea : And divides it self from England , by the Rivers Tweed and Solway , and the Cheviot Hills . Clim . Edinburgh is Scituated between the Degrees of Latitude 56 d. 2 minutes , of Longitude 3 d. 0 min. from London West . Longest Day , 17 hours 27 min. Aberdeen 57 d. 10. min. of Latitude ; 2. d. 20. min. Longitude ; the most Northernly parts of Scotland , is Dunsby-head , whose Latitude is 58 d. 5 min. Dimensions . It s Length is about 480. Miles ; its breadth is very disproportionable , there being no place in it that is above 70. Miles distant from the Sea. Division . The Country is divided according to its Inhabitants ; into Highland and Low-land . The Highlanders live in the North and West Parts , or in some out Islands ; being a bold and hardy People , much given to Warlike Exercises ; being alwayes in readiness , when ever Commanded by their Cheif : Their Weapons were commonly Bows and Arrows , but not so much used now as formerly ; they are a People that can endure as much hardships of War , as any People in the World. The Lowlanders bordering upon the East and South , are as civil , as any other People ; their Language much like the English , differing only in the Accent . Air. The Air is very wholsome ; the cold in Winter towards the North is very sharp ; but there being great plenty of Firing , the Inhabitants do not suffer by it . The heat is less scorching in Summer , than in some other parts of the Continent . The Soil is pleasant and healthful , abounding with Springs and Rivers ; towards the North it is Mountainous , yet not wanting fruitful Valleys apt to bear any Grain . Commodities . The Country every where affordeth plenty of Sheep , Oxen , Coneys and fallow Deer ; as also abundance of Geese , Ducks , Hens , Turkies , Pigeons , Partridges , Sea-Plover , Herons , Quailes and Larks , &c. with great plenty of Fish , such as Salmonds , Pikes , Carps and Trouts ; also Herrings , Oysters , Cockles , Mussels , Turpots and Lobsters . Fruits . As Apples , Pears , Plums , Cherries , Peaches and Apricocks . Corn , Barly , Rie , Beans , Pease and Oats . Also it produceth a great quantity of Tin , Lead , Copper , Allom , Salt , Hops ; with several Silver-Mines . It is accounted Richer under ground , than above , by reason of their Mines , which when tryed , yeild much in their quantities of Ore. SECT . II. Of the Laws of Scotland . THey are made of the Municipal and Civil Laws ; the Municipal consists either of Acts of Parliament , or of the Customes and Practices of the Colledge of Justice ; and when neither of these contradict , the Civil Law is of force . All the Rights and Evidences of the Subject , are committed to Registers ; by which means men are sure not to be cheated in buying , or conveying Estates . For first , no man can have a right to an Estate but by his being seised of it , which is done by delivering Earth and Stone ; upon which an Instrument is made , called a Seising , and this within sixty dayes after must be Registred , else it is of no force ; by which means all secret Conveyances are cut off . Next , all Bonds have a Clause in them for inserting them in the publick Registers ; and they being Registred without any further Action upon a charge of six dayes , the Debtor must make payment . A Third Instance is , that any Creditor may serve a Writ on his Debtor , called Letters of Inhibitione , by which he can make no disposition of his Goods or Estate , till the Party be satisfied ; if these Letters be returned Registred , within twenty-one days after they are served , otherwise they have no force . Many such Instances may be produced , by which it appears how securely the Subject may enjoy that he hath , or may purchase . SECT . III. Of the Cheif Officers of State , of the Parliament , of the Privy Council , of the Colledge of Justice , of the Justice Court , and of the Exchequer . THe King administers the Government of the Kingdom by his Officers of State , who are Eight in number : The first is the Lord Chancellour , who is Keeper of the Great Seal , and President of all Courts , except the Exchequer . This Office is in the Person of John Earl of Perth . The second is the Lord Treasurer , who manages the Revenue , and presides in the Exchequer , who is at present the Marquess of Queensbury . The third is the Lord Privy Seal ; which Office the Marquess of Athole enjoyes . The fourth is the Lord Secretary , who is at present Alexander Earl of Murray . The fifth Officer is the Lord Clerk of the Registers , who has the charge of all the publick Records ; this Office is executed by Sir George Mikenzie , of Tarbet . The sixth is the Kings Advocate ; he is commonly a Judge , except in cases where the King is concerned ; and then he pleads for the King : The present Lord Advocate is , Sir George Mikenzie of Rosehaugh : The seventh Office is , the Lord Treasurer Deputy ; which Office was Executed by Sir Charles Maitland , of Hattoun , now Earl of Lauderdale . The eighth is the Lord Justice Clerk , who assists the Lord Justice General in criminal Causes . The present Justice Clerk is , Richard Maitland , Esquire . Par. The Parliament is made up of three Estates : The first is Ecclesiastical , consisting of Arch-Bishops , and Bishops : The second Estate is , The Nobility and Barons : The third is , The Burroughs . Upon the first day of each Parliament , there are such solemnities , and magnificent Shews , as is not observed in any Kingdom upon such occasions . For all the members of Parliament according to their degree , Riding ( as it were ) in Procession from the Kings Palace to the Parliament House . The Commissioner Riding last : The Crown , the Sword , and the Scepter , with the rest of the Honours being carryed before him ; they return in the same order back again to the Palace . Sometimes the King makes use of a Convention of Estates , which can make no Laws ; only by this meeting impositions are laid upon the Subjects . The Parliament being the supream Court , it is not impertinent to give a List of the Nobility with their Precedency and Surnames , which is as follows . Dukes . His Royal Highness the Duke of Albany .     Surnames . The Dukes of Hamilton Hamilton . Buccleauch Scot. Lenox Lenox .   Marquesses Surnames . The Marquess of Huntley Gordone . Douglas Douglas . Montross Graham . Athol Murray . Queensbury Douglass .   Earls Surnames The Earls of Crawford Lindsey . Errol Hay . Marishall Keith . Southerland Southerland Marr Ereskine Airth Grahame . Morton Douglass . Buchan Ereskine . Glencairn Cunninghame . Eglinton Montgomery . Casstles Kennedy . Murray Stewart . Caithness Sinclare . Nithifdale Maxwell . Wintoune Seatoune . Linlithgow Livingstone . Hume Hume . Pearth Drummond . Dumfermling Seatoune . Wigtoun Fleming . Strathmore Lyon. Abercorn Hamilton . Roxborough Ker. Kelly Ereiskine . Haddingtoun Hamilton . Galloway Stewart . Seaforth Mac. Kenzy . Lowthian Ker. Kinnoule Hay . Loudon Campbell . Dumfriess Creighton . Sterling Alexander . Elgine Bruce . Southesk Carnaigy . Traquair Stewart . Ancram Ker. Weimes Weimes . Dalhousy Ramsey . Airly Ogilvy . Callender Levingstone . Carnwath Dalziel . Finlator Ogilvy . Levin Lesley . Annandale Johnstone . Dysert Murray . Panmuire Mauld . Tweddale Hay . Northesk Carnaigy . Kinkardin Bruce . Forfar Douglass . Balcarres Lindsay . Middleton Middleton . Aboyne Gordone . Tarras Scot. Newburgh Levingstone . Kilmarnock Boyd . Dundonald Cochraine . Dumbarton Douglass . Kintore Keith . Broad Albyne Campbell . Aberdeen Gordone .   Viscounts Surnames . The Viscounts of Faulkland Carey . Dumbarr Constable . Stormont Murray . Kenmure Gordone . Arbuthnet Arbuthnet . Frendaret Creightone . Kingstone Seatoune . Oxenford Macgill . Kilsyth Levingstone . Irwing Campbell . Dumbiane Osborne . Preston Grahame . Newhaven Sheene .   Lords Surnames The Lords of Forbes Forbes Saltone Frazier Gray Gray . Ochiltry Stewart Cathcart Cathcart . Sinclare Sinclare . Mordington Douglass . Semple Semple . Elphingstone Elphingstone . Oliphant Oliphant . Lovat Frazier . Borthwick Borthwick . Rosse Rosse . Torphighen Sandilands . Spyne Lindsey . Lindoris Lesley . Balmerinoch Elphingstone . Blantyre Stewart . Cardrosse Ereskine . Burghly Balfour . Maderty Drummond . Cranstone Cranstone . Melvil Melvil . Neaper Neaper . Cameron Fairfax . Cramond Richardson . Rae Macky . Forrester Bailzy . Petsl●go — Kirkudbright Mac-cleland . Frazier Frazier . Bargany Hamilton . Bamf Ogilvy . Elibank Murray . Dunkeld Galloway . Halcarton Falconer . Belhaven Hamilton . Abercromby Sandilands . Carmichael Carmichael Rollo Rollo . Colvil Colvil . Duffus Southerland . Ruthven Ruthven . Mack-Donald Mack-donald . Rutherford Rutherford . Balanden Balanden . Newark Lesly . Burntisland Weimes . Strathard Nairne . His Majesties Privy Council is chiefly imployed about Publick Affairs ; the Power of it hath been mostly raised since King James came to the Crown of England ; by reason of which , being necessitated to be absent from Scotland himself , he lodged much of his power in the Lords of His Privy Council ; we cannot ( by reason of the late alterations ) give an exact List of the present Lords of the Council : Wherefore we shall forbear . The Supream Court of Judicature , about the property of the Subject , is called the Colledge of Justice . It consists of fourteen Judges , who are called Senators of the Colledge of Justice , and a President . This Court sits from the first of November , till the last of March. The Justice Court being the next Supream Court , where Criminals are tryed , consists of a Lord Justice General , and a Lord Justice Clerk who is his Assistant . All Tryals for Life , are in this Court ; where every Subject , as well Peers as Commoners are tryed ; Peers by a Jury or Assize of Peers ; and Commoners , by a Jury of Commoners . The next Supream Court is the Exchequer , which consists of , the Lord Treasurer , the Lord Treasurers Deputy , and some Assistants called the Lords of the Exchequer : Here all the Kings Grants , Pensions , Gifts of Wards , and such like are passed . SECT . IV. Of Sheriff-Courts ; also an account of the Shires of Scotland , with their Sheriffs who are ( most of them so ) by Inheritance . THere are beside the Supream Courts of the Nation , other inferior Courts ; the most considerable of which , is the Sheriffs Courts , where Thefts , and all lesser Crimes are Judged ; as also Murthers , if the Murtherer be taken in hot blood . The Sheriffs in this Nation are ( most of them ) so by Inheritance ; wherefore it may not be impertinent here to give a List of the Shires of Scotland , with their Sheriffs . Shires of Scotland , with their bounds and Sheriffs . Shires Sheriffs The Shire of Edinburgh containeth Middle Lothian . The Earl of Lau●erdale . The shire of Berwick containeth Mers . Earl of Home . The shire of Peeblis containeth Tweddail . Earl of Tweddail . The shire of Shelkirk containeth the Forrest of Etterick . — Murray . The shire of Roxburgh containeth Tiviotdale , Lidisdale , Eshdail , Eusdail . Duke of Buckleugh . The shire of Dumfreis containeth Nithisdail , and Anandail . Marquess of Queensbury . The shire of Wigton containeth the West parts of Galloway . Sir Patrick Agnew of Lochnaw . The shire of Aire containeth Kyle , Carrict , and Cunninghame . Earl of Dumfreis . The shire of Renfrew containeth the Barony of Renfrew . Earl of Eglington . The shire of Lanerick containeth Clidsdail . Duke Hamilton . The shire of Dumbritton containeth Lenox . Duke of Lenox . The shire of Bute containeth the Isles of Bute and Arran . Sir James Stewart of Bute . The shire of Innerara containeth Argile , Lorn , Kintyre , with the most part of the West Isles . — The shire of Pearth containeth Athol , Goury , Glenshee , Strath-Ardell , Broad-Albine , Ramach , Balhider , Glenurqhuay , Stormont , Menteith , and Strath-Yern . Marquess of Atholl . The shire of Striveling lyeth on both sides the River Forth . Earl of Marr. The shire of Linlighgow , West Lothian . — Hope of Hoptoun . The shire of Clackmanan containeth a part of Fife , lying upon the River Forth , towards Striveling . Bruce of Clackmanan . The shire of Kinross containeth so much of Fife , as lyeth between Lochleiven , and the Ochell Hills . Earl of Morton . The shire of Couper containeth the rest of Fife . Earl of Rothes . The shire of Forfar containeth Angus , with its pertinents . Earl of Southesk . The shire of Kinkardin containeth Mernis . Earl of Kincardin . The shire of Aberdeen containeth Mar , with its pertinents , also the most part of Buchan , Forumarten , and Strathbogie . Sir — Campbel of Caddel . The shire of Bamf containeth a small part of Buchan , Strath-Dovern , Boyn , Enzy , Strath-Awin and Balveny . Sir James Baird of Auchmedden . The shire of Elgine containeth the Eastern part of Murray . Robert Dumbar of — The shire of Nairn containeth the West part of Murray . — The shire of Innerness containeth Badenoch , Lochabyr , and the South part of Ross . Earl of Murray The shire of Cromarty containeth a small part of Ross , lying on the South side of Cromarty Firth . — The shire of Tayne containeth the rest of Ross , with the Isles of Sky , Lemes , and Harrigh . Earl of Seaforth The shire of Dornoch containeth Southerland . & Strath-Naver . Earl of Southerland . The shire of Weik containeth Cathness . Earl of Cathness . The shire of Orkney containeth all the Isles of Orkney and Schetland . — The Constabulary of Haddington containeth East Lothian and Lauderdale . Earl of Lauderdale . Stewartries . Stewards . The Stewartry of Strathern . Earl of Pearth . The Stewartry of Monteith . Earl of Monteith . The Stewartry of Annandate . Earl of Annandale . The Stewartry of Kirkudbright containeth the East parts of Galloway . Earl of Nithisdale . Baileries Bailiffs . Kyle . — Carrict . E. of Cassiles . Cunninghame . E. Eglington . We should in the next place have spoken somewhat of the Ecclesiastical Government of the Kingdom ; but it being done already by so many Learned Pens , especially Arch-Bishop Spotswood , to which we refer the Reader : We shall now pass to SECT . V. Of the Vniversities of Scotland . In Scotland there are four Universities . St. Andrews . Glasgow Aberdeen . Edenburgh . Of the Vniversity of St. Andrews . This University was founded by Bishop Heawardlaw A. D. 1412 the Arch-Bishops of St. Andrews are perpetually Chancellors thereof ; the Rector is chosen yearly , and hath the same Power with the Vice-chancellor of Oxford and Cambridge . There are in this University three Colledges , viz. St. Salvator , St. Leonards , and St. Maryes , St. Salvators Colledg was founded by Bishop Kennedy who endued it with very sumptuous and costly Ornaments ; and provided sufficient maintenance for the masters and professors . St. Leonards Colledg was founded by Prior , John Hepburn , A. D. 1525. Persons endowed are Principal , four Professors of Philosophy , Eight Poor Schollars . St. Maries Colledge was founded by Arch-Bishop Beaton , no Science is here taught but Theologie , which is done gratis , the Schools being open to receive any to be instructed . Of the Vniversity of Glasgow . This University was founded by King James the second , and augmented with ample Priviledges by King James the Sixth . King Charles the First did ratify all the old Priviledges , and bestowed mony for repairing the Fabrick , also King Charles the second by consent of Parliament bestowed a considerable sum of mony uppon it . Of the Vniversity of Aberdeen . There were in this place an associated company of Students of Divinity , and the Canon and City Laws in the times of King Alexander the second , but it was by King James the Fourth made an University in A. D. 1494 , it was founded with as ample Priviledges as any University in Christendom . In it both Philosophy , Divinity , Physick , and Law , are very accurately taught . The Vniversity of Edenburgh . King James the Sixth , Anno. Dom. 1580. founded this University upon the supplication of the Magistrates of the City ; granting them under the great Seal an University with all the priviledges and immunities that any University within the Kingdom could pretend to . Persons endowed , were , a Principal , a Professor of Divinity ; a Professor of Philosophy , a Professor of Humanity ; to which is since added a Professor of Hebrew . A Postscript . Of the Laws of Scotland for Torturing Criminals ; and of that Torture in particular called the Boot . THe Laws of Scotland , according to a late Learned Writer , Sir G. Mace●zy in his Criminals , allow not Tortures but in case of Obstinacy in the criminal , where there is great presumption of guilt , and therefore it is not allowed to any , but to the Councel or Justices to use torture in any case . It is a ruled case in Law , that Torture being adduced , purges all former presumptions , which preceded the Torture , if the person Tortured be constant in his denyal ; and therefore Torture is called , Probatio Vltima . Neither can a Person sentenced to dye , be Tortured , when Sentence is passed against him , for Post condemnationem judices functi sunt Officio . Minors also have this as one of their Priviledges , by the Scottish Laws , that they cannot be Tortured lest the tenderness both of their Age and Judgment make them fail . The most ordinary way of Torture in Scotland is , by an Iron Engine called the Boot , the manner thus . The Criminal is called to be examined before the Councel , and upon Obstinacy is threatned with the Boot , and then dismissed for that time ; with certification , that if within so many dayes he do not confess , he shall be Tortured : When this day comes , if he continue obstinate , he is called before the Council , or a Quorum of them , where the Executioner attends with the Boot ; there he is again examined by the Judges ; if he do not confess , then they order the Executioner to put his Leg in the Boot with some Iron Wedges ; then they examine him again ; if he continue refractory , then the Executioner is commanded to drive one of the Wedges , and then another , till the Criminal either confess , or the Judges are satisfied he hath nothing to confess . FINIS . Books Lately Printed and Sold by William Benbridge . THE second part of the Weeks Preparation for the Sacrament . Consisting of Soliloquies , Prayers , Hymns , Ejaculations , Thanksgiving and Examination , for Sunday Evening , ( after the Celebration of the Holy Communion . ) As also for Morning and Evening on every day of the Week following . Together with Directions to lead an Holy Life . The Stile of Exchanges , containing both their Law and Custom , as practised now in the most considerable place of Exchange in Europe . Unfoulding divers Misteries , and directing every Person , howsoever concerned in a Bill of Exchange , to what he ought to do and observe , in any case , in order to his own security . Translated out of Low and High-Duch , French and Italian-Latine Authors . The whole Methodically digested into Chapters and Sections , that by the help of an Index any particular Case many readily be found . By John Scarlett , Merchant of the Eastland Company , The second Edition . Lucian's Works , Translated from the Greek . By Ferrand Spence . 1. Volume . 2. Volume . 3. Volume . The History of the Bucan●ers : being an Impartial Relation of all the Battels , Sieges , and other most Eminent Assaults committed for several years upon the Coasts of the Westindies by the Pirates of Jamaica and Tortuga , both English , and other Nations . More especially the Unparallel'd Atchievments of Sir H. M. Made English from the Dutch Copy : Written by J. Esquemeling , one of the Bucaniers , very much Corrected from the Errours of the Original , by the Relations of some English Gentlemen , that then resides in those Parts . Scanderbeg Redivivus . An Historical Account of the Life and Actions of the most Victorious Prince John the III. King of Poland : Containing an Exact and Succinct Series of Affairs from his Cradle , to this present day ; With a particular Account of the many Great and Signal Victories obtained by Him against the Turks , from the time he was first made Crown-General , and afterwards Elected King of Poland . The Exact Englishman : Or , the compleat London Scholler , A new Spelling Book . Beginning with a Choice and Methodical Collection of all Monosyllable , or Words of one Syllable , ( turned into English Metre ; ) And Proceeding to those of two , three or more Syllables , digested into an Order and Method never before extant . With Graces and Prayers . Useful not only for English-Schoolmasters in teaching Children to Spell and Read , but may be servicable to the Elder Learners , and to Strangers , as a Repertory or Treasury of English Words to be used on occasion . By S. N. Schoolmaster in London . The Parliament of Women : Or , A Compleat History of the Proceedings and Debates , of a particular Junto , of Ladies and Gentlewomen , With a design to alter the Government of the World. By way of Satyr . Pandaemonium : Or , The Devil's Cloyster . Being a further blow to Modern Sadduceism , proving the Existence of Witches and Spirits . In a discourse deduced from the fall of the Angels , the Propogation of Satans Kingdom before the Flood : The Idolatry of the Ages after , greatly advancing Diabolical Confederacies , With an Account of the Lives and Transactions of several Notorious Witches , some whereof have been Popes : Also a Collection of several Authentick Relations of Strange Apparitions of Daemons and Specters , and Fascinations of Witches , never before Printed . By Richard Bovet Gent. FINIS . Notes, typically marginal, from the original text Notes for div A26656-e3980 Pect . Boet. Ralph l. 306. * Dion . 
A30390	----	A modest and free conference betwixt a conformist and a non-conformist about the present distempers of Scotland now in seven dialogues / by a lover of peace. Burnet, Gilbert, 1643-1715. 1669 Approx. 217 KB of XML-encoded text transcribed from 76 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A30390 Wing B5834 ESTC R27816 10152305 ocm 10152305 44658 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A30390) Transcribed from: (Early English Books Online ; image set 44658) Images scanned from microfilm: (Early English books, 1641-1700 ; 1378:10) A modest and free conference betwixt a conformist and a non-conformist about the present distempers of Scotland now in seven dialogues / by a lover of peace. Burnet, Gilbert, 1643-1715. The second edition. [11], 100, 32 p. s.n.], [Edinburgh? : 1669. "Published by order." Attributed to Gilbert Burnet--Wing and British Museum catalogue. Reproduction of original in the Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Dissenters, Religious -- England. Scotland -- Church history -- 17th century. 2003-10 TCP Assigned for keying and markup 2003-11 SPi Global Keyed and coded from ProQuest page images 2003-12 Emma (Leeson) Huber Sampled and proofread 2003-12 Emma (Leeson) Huber Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion A MODEST AND FREE CONFERENCE BETWIXT A Conformist and a Non-conformist , about the present distempers of Scotland . The second Edition . Now in seven Dialogues . By a Lover of Peace . Gal. 5.15 . But if ye bite and devour one another , take heed ye be not consumed one of another . Published by Order . Printed Anno Dom. 1669. The Stationer to the Reader . Reader , ALL the account I can give of this Book , or the Author , is in the following Letter which came to my hands a few dayes after I received these Sheets , and is prefixed to them in stead of a Preface . For the Stationer . THough these Dialogues were brought to you by another hand than my own , yet since it is upon my motion that they came to be Published , contrary to the Authors design , and truly without his order : I think my self oblidged to say somewhat of the Author and the book , and the rather that the Author , not being forward to the publishing of it , will say nothing of Preface himself ; But withall , I am resolved you shall be as ignorant of the Writter of this , as of the Author of the Book . The Author is a person of extraordinary moderation and peaceablness : he can allow any difference of opinion , but such as is incompatible with the peace and quiet of the Church . And though there be some expressions in these Dialogues that would appear tart ; yet it is meerly occasioned by the zeal he hath against that uncharitable spirit , which can allow of nothing that is not exactly of their own way . The occasion of writting in this way , was , that a Book of the same title and nature , printed in England , came to the Author's hands ; and he , being pleased with that familiar way of Writting , thought presently of composing Dialogues suitable to our Differences here , as that was to the Differences of that Nation : If there be any thing in this coincident with that Book , it is in such things as the humours of that unquiet spirit in both Nations are the same . And the Author designs not vanity by these few sheets , written , to my knowledge , in as few houres as they could hardly be transcribed ; But wisheth every one to see the weakness of those grounds upon which such specious structurs are built ; which when they come to be examined , prove but painted sepulchres . The great design of the Author in this small Book , is , to let some well-meaning people , who have a love to godlinesse , see that Religion is not at all concerned in things wherein they do concern themselves very much , and that in contending for the shell we are like to loose the kernell of Religion . The language and manner of Writting , is accommodated to these meaner capacities , who are most apt to be abused , by such as care not , nay , which is very sad , but too true , wish not Religion nor godliness to prosper in the hands of those who differ from them in opinion about externall things , vvhich are not of great moment : as may appear from their persvvading poor souls to take for a mark of zeal that which in al christian Nations is lookt on as a very great mark of impiety , to wit , not going to Church : by which people do shew , in the most signal manner they can , their not owning the worship and adoration of God. The Author meaned no prejudice to any person in vvritting of it , Nor is it published upon any such design , but in hopes that it may inform sincere people . And whoever reads it without prejudice , will I hope judge so of it . Farewel . A modest and free Conference betwixt a Conformist and a Non-conformist , about the present distempers of Scotland . In six Dialogues . DIALOGUE I. Con. YOu are welcome from the West . How are all things there ? Non. Never worse ; The glory is departed from that people : and the power of godlinesse is gone there . God pity that poor place , which was once so Glorious . C. I perceive by your manner of speaking , that you are much concerned in these matters : but I pray you tell me wherein things are turned so much to the worse among you ? N. Alas ! are you such a stranger in Israel , as not to know these things ? are not our gracious Ministers taken from us ? so that the work of God is much born down : the brave dayes of Communions , Preachings , Prayers , are away ; and in stead of the fire was once there , there remain but a few sparks in some secret corners : for , the precious Ordinances are gone . C. What you say upon the matter , I know well enough : but do not apprehend it to be of such importance , as you seem to do . N. What! do not you think it sad , that Christ is not Preached ? C. God forbid but he be ? I do not know how it is in your Country , but I am sure with us Christ is preached very faithfully , but I fear you consider not well what it is to preach Christ ; do you think to tell us only of his death , is to preach him ? N. No , no , but oh how doth my heart melt within me , when I remember how sweetly I have heard the Ministers there , clear up my interest in Christ ? C. May be it was more sweetly then sincerly ; for to tell you of an interest in him , while you are strangers to his Laws and Gospel , is to deceive you : since you can have no interest in the blood of Christ , till you have his Spirit dwelling in you . N. Blessed be God , I know no name to be saved by , but the Name of Christ : And I renounce mine own righteousnesse , and accept of his righteousnesse . C. It is very true , that we are saved by the blood of Christ : but it is as true , that we must be purified by his Spirit , else we are none of his . If by renouncing your own righteousnesse ; you mean , what you naturally can perform without grace , you are in the right , but if you lean so to Christs righteousnesse , as to neglect to be righteous your self , you with Iudas , kiss your Master , while you betray him . And I fear your Ministers studied more to convince you of the need of Christs righteousnesse , then of having any of your own : For indeed it is a cheap Religion , to lean so intirely to Christ , that we do nothing our selves . N. We are far from thinking there is no need of good works : We only exclude them from Justification , which is by Faith only . C. Truly your practices tell , you think there is as little need of them to Salvation , as to Justification , remember the Gospel is plain and simple , and came not to teach men Sophistry or Logick : therefore I shall not contend with you about words or phrases : for as I believe , that Christ came to lay down his life a ransome for our sins ; so if you believe , that without holinesse we shall never see the face of God , we are agreed in this matter . But I wish we all studied to live better , and then our differences would quickly end . N. Yes , I hear some of you are still talking of holiness and peace , but you forget truth : which is so necessary , that without it holiness is but hypocrisie . C. I acknowledge that , if you speak of the fundamental Articles of our Faith. But all truths are not of equal certainty , nor of equal importance : now it is a certain and important truth , that there should be an unity in the Catholick Church ; which is not to be broken , but upon a matter of greater certainty and weight . N. One precious truth is worth all the world : therefore I will not quite one truth for the love of all men . Not a hoof , said Moses . C. If you were required to condemn or deny any thing you judged truth , I confesse you ought to obey God rather than man. But it is another case to quite the communion of the Church ; because they are not , as you think , in the truth : unlesse that truth be of greater importance than is the Article of your Faith , The Catholick Church , and the communion of Saints . And when you are as sure of your call to contend for these truths , as Moses was of the will of God , you may use his words . Let me then examine you a little , how do you know your opinions are truths ? N. Who can doubt of it ? are they not the cause and interest of Christ , his Kingdom and Crown , his glorious work , to which we are all bound by the oath of God taken in the Covenant , whereinto even the children unborn are oblidged . C. If big words prove truths , you are full of them : But remember of whom the Apostle gives this Character , they speak swelling words of vanity . And there is no party but have the same language in their mouth : these are fine contrivances to lead away silly women captive , who would be ready to judge your blustering confidence , an evidence of truth , when a modester way of speaking is suspect of diffidence : whereas in right scales , the one looks like arrogant pride , and the other like the modest Spirit of Jesus Christ. N. How can you deny , that what is now cried down , was the work of God ? C. I confesse it was so the work of God , as the Prophet said , is there any evil in the City , and the Lord hath not done it : but in the sense you take it , it was as far from it , as darknesse is from light . N. How can you speak so , was not sin strangely born down in our dayes ? C. I confesse you studied to represse some sins : so did the Pharisees . But remember the Apostle divides filthinesse , in that of the flesh , and of the Spirit : and indeed , the latter proves a much subtiller and stronger opposition to the Gospel , than the former . It is true , some of these were repressed by you ; though I must add , in a way , scarce suitable to the Gospel : but for other sins , you were very gentle to them , nay , were guilty of them your selves : for they mingled in all you did . N. Now you begin to rail , and I cannot endure to hear those glorious dayes so spoken of . Is this the moderation you so much pro●esse ? C. I love moderation as much as any can , and declare to you once for all , that I have no quarrel at any , for their opinions in these matters : nor shall I labour to disgrace the leaders of your party , by searching into their private escapes ; a practice much used by you against us , your mouthes being ever full of bitter reproaches against some of our way : but it is directly contrary to the Spirit of Christ and his Gospel , wherein we are put in mind to speak evil of no man. I shall therefore from your publick and avowed actions , and printed papers , shew how far you are out of the way of God. And first , what think you of your rebellion ? this was the Soul of your whole work , and your Covenant was a Bond to cement you in this . N. Call you fighting for God and his Cause , rebellion ? C. It is yet under debate , whether it be the Cause of God : Suppose it were , shew me one place in either Testaments , that warrands Subjects fighting for Religion ? you know I can bring many against it ; yea , though the old dispensation was a more carnal and fiery one , than the new one is ; yet , when the Kings of Iudah and Israel made Apostacy from the living God , into ●eathenish Idolatry , some of the Kings of Iudah polluting the Temple of Ierusalem , as did Ahaz and Mannasseh , so that God could not be worshipped there , without Idolatry , yet where do we find the people resisting them , or falling to popular Reformations ? Neither do the Prophets that were sent by God , ever provoke them to any such courses . And you know the whole strain of the New Testament runs upon suffering . N. The law of nature teacheth us to defend our selves , and so there is no need of Scripture for it ? C. This is marvelous dealing , in other things you alwayes flee from reason , as a carnal principle , to Scripture ; but here you quite Scripture and appeal to it : but it seems you are yet a stranger to the very design of Religion , which is to tame and mortifie nature : and is not a natural thing , but supernatural . Therefore the rules of defending and advancing it , must not be borrowed from nature , but grace : The Scriptures are also strangely contrived , since they ever tell us of suffering under persecution : without giving your exception , that we resist when we are in a capacity . And I appeal to your conscience , whether it be a likelier way to advance Religion , fighting or suffering ? since a carnal man can do the one , but not the other . N. How can we neglect the interests of Christ , and let them ruine , when we are in a capacity to defend them ? C. If there were not a God who governs the World , your reasoning might have force : but do you think that God cannot maintain his own right , but the wrath of man must work his righteousnesse ? nay , we see the contrary , for from the beginning , till this day , God hath made the sufferings of his people , the chief mean of propagating Religion ; whereas fighting hath been ever fatal to it . And Christ did begin the Gospel with his suffering , though he could have commanded Legions of Angels for his defence . N. Christ knew it was the Fathers will that he must suffer . C. This shews how little you understand when you speak so : are not Christs injunctions our rule . Since then he forbade his Disciples to draw a sword for him , with so severe a threatning , as whosoever will draw the sword , shall perish by the sword , this must binde us , and what he sayes to Pilate on this ●ead , My Kingdom is not of this world , &c. is so plain language , that I wonder how it doth not convince all . I know there are some pitifull answers made to those places : but they are so irrational , that they deserve not a serious reply , and I am not of an humour to laugh at them : only take notice of this , that if an ingenuous man speak plainly , much more must the God of truth : Judge then whether these unworthy glosses , make Christ likeer a nibling Logician , then the true and faithfull witnesse . N. Then you condemn our first reformation carried on by fighting . C. Since you go to examples , rather begin with the Ages that immediatly followed Christ , in which for three hundred years the Gospel was preached and propagated by sufferings , but never by fighting , though their number enabled them to it , and they were irritated by the cruellest provocations and persecutions : And it is to be supposed , that they who saw and conversed with the Apostles , understood their meaning better than these who lived at so great a distance from them : I acknowledge there was force used in our Reformation ; but so much the worse for that : And you know the enemy sowes his tares , even in that field , wherein the Wheat is sowen . But never alledge to me the president of men , against the expresse Word of God. N. What say you then to these who died sealing their opinion , fighting for Religion , with their blood ? C. You put me to a hard lock , to rake amongst the ashes of the dead : As for those who died , I had that compassion for some of them , that I could willingly have redeemed their lives at the rate of mine own : And I doubt not but many sincerely followed their Conscience in it . But I am far from thinking the better of the Cause , because some died handsomly for it , otherwise I should be reconciled to Atheism , and all Heresies , who want not their pretended Martyrs . But I need go no further then England , at His Majesties Restauration , where the murderers of the late King , died gallantly , ow●ing what they did as the Cause of God. So the seal of a Martyr's blood , is not alwayes the seal of God. N. Well , but why do you remember bygones ? We are now all good Subjects , and do bless God for His Majesties Restauration , and do pray for him more then you do . C. May be so , that he may be of your way ; but , if that be not , I doubt your love to him is very cool . I do not remember bygones to bring an odium upon you , but to shew that a course which was managed by a spirit of Rebellion , was none of Gods. As for your rejoycing at His Majesties Restauration , I scarce believe it , since you will not keep a day of Thanksgiving for it . N. It is not that we scruple the thing , but because you make it a holy day . C. This is very nice , for by holy day we mean ●ot that the twenty ninth of May is a more sacred time , then other dayes : but that the day shall be devoted to holy exercise . N. This should not be enjoyned by the Magistrate , but by the Church , who ought only to order the worship of God. C. I shall not against this alledge the commands of David and Solomon , since you may alledge they were extraordinary persons ; but you cannot say that Esther and Mordecai were such , who enjoyned the observation of Purim , and call that Feast a good day ; and the odds betwixt holy and good is not very great . And although there be no divine order for the Feast of Dedication , yet our Saviour was at the Feast , and in the Temple : though you will not come to Church on the twenty ninth of May. N. Well then , all you can charge upon us is a little disloyalty , but for all that , our way may be the Cause of God : for even the Saints have their infirmities . C. Truly this is so great a one , that I dare pronounce none a Saint , who hath been guilty of it , till he repent of it : But I am far from being at the end of your faults , having but begun with this . The next thing perswades me of your evil way , is , your cruelty and rigour : Did you not force all to take the Covenant , severely punishing such as would not ? And did you not cruelly persecute all those who opposed you ? Truly this hath so confirmed my aversion from your way , that I hope never to be reconciled to this part of it . N. That was a fault too , and many of us are very sensible of it . C. Let not my soul enter into the secrets of bloody men : Your very Leaders , who if they had known any thing of the meek spirit , should have opposed these severities ; not only countenanced , but drave them on , and rejoyced in them . And if they think it a fault , how comes it that none of them offers to disclaim it ? Yea , some of you in your confessions of sins , and causes of wrath , rather tax your courses of too great lenity . N. Whoever may object that , you may be silent ; for what severity have we felt ? how many Ministers are turned out , and people oppressed for not owning you ? C. I must in so far justify the rigour you have met with , as to show it is far short of yours . People are required to do nothing , but live peaceably , and joyn in Worship ; whereas you made them swear to you : and the Ministers are not made swear to maintain the present establishment , and to root out the contrary , as you did ; they are only required to concur in Discipline , and to promise submission to Episcopacy . N. Do you not wonder at my patience , who hear you inveigh so bitterly against us ? but I let you see , a Presbyterian can be calm : I hope you have done . C. Not yet indeed ; I am not trying your calmness , but your conscience , and what I speak , is not to irritat , but to convince you . I shall next take notice of the great insolence and height was among you : I speak not of personal pride , though I coul● say enough on that Head : I only tax your public actings . What insolence was it , to assume bi● names , of the godly party , and the people of God ●nd to call your way , The Cause and Kingdom o● Christ ? Whether looks this like the Pharisees an● Hypocrites , or not ? And in this you were punished with your own weapons : for the Protester● wrung that from the rest of you , and the Independants assumed it from you both . N. I am sure we were the Godly Party , compared to those we had to do with . C. This bewrayes your arrogance : though it were so , you ought not to bear witness to your selves , nor assume such titles . Remember the Pharisee , who said , I thank the Lord that I am not like this Publican . You know the loudest pretenders have not alwayes the justest title . N. I hope now you have done with your scolding . C. This is like all guilty persons , who take every modest representing of their faults to them , as scolding and bitterness ; so did the Jews use St. Paul. It shews the sore or disease is desperate , when the Patient cannot be touched . I have not yet begun to scold , but I have not done with admonishing . Next , How did your Leaders complain of Bishops their medling in matters of State : and yet when the Scene turned , how absolutely did they govern ? Church-men grew the advisers of all businesses , Juntoes held in their houses . And how impudently did the Church countermand the State , Anno 1648. even in Civil matters ? as were the Levying of Armies , and the paying of Taxes . And after the Tragical Catastrophe of the unlawfully called unlawful Engagement , they barred the Nobility from their priviledges as Peers , till they must be satisfied . N. All that was done in order to Religion , which is in the Churches care . C. This is the very Plea of the Pope : and indeed in Politicks , the Pope and the Presbyterians agree in moe things than you think on . By this Maxime all Civil matters must come under Ecclesiastical cognizance ; since every action can be reduced to one of the Tables of the Law. But particularly to medle with War , and matters of Blood , hath been ever judged directly contrary to the Pastoral duty , which obligeth to feed , and not to kill . But I shall add one thing more , which was your Superstition . N. I had resolved to have objected that to you , and I am sure we cannot be guilty of it , since there is nothing we hate more ? C. You know not the true notion of it , and so are guiltier then you are aware of . Superstition is an over-rating of things , as if God were more pleased with them , than indeed he is : And therefore to lay too great weight upon any thing , is superstition . He then that judgeth a thing of it self indifferent , to be necessary : And he that condemns it as unlawful , are equally superstitious . It were a long and tedious story , to let you see how great weight you laid upon many small matters , both in doing and forbearing . But I will leave particulars to your conscience ; and I protest in all I hav● said , I have no other design , but to teach you no● to have mens persons or wayes too much in admiration . N. You have now run out in a long and furiou● career against us : hear me next , reckon the excellent things were amongst us , and I doubt not yo● shall confesse our good did far preponderat ou● evil . C. I shall hear you with all my heart , but in th● mean time let us take a little refreshment an● respite . N. Be it so . DIALOGUE II. ● . NOw let us again resume our discourse , and tell me what great goodnesse was it , which ●o commended your party ; for I love what is good , ●e where it will : and therefore though I be none ●f your party , yet I shall heartily rejoyce to hear ●ood of them . N. I fear you are either so carnal , as not to re●ish things that are spiritual , or so byassed , as not ●o set the due value upon us : But who can doubt we were the people of God , who remember how we bore down sin and wickednesse ? How much good preaching there was amongst us ? What fer●our was on peoples mindes , when they heard Sermons ? What heavenly prayers we poured out to God ? But when I remember our Fasts , and dayes of Communion , my very heart breaks to think these sweet dayes are now gone : Then what delight in Scripture had we , that all our Vulgar were acquainted with it ? How well was the Sabbath observed amongst us ? And what order was there in Families , morning and evening ? All this is now gone . Alas for poor Scotland ! that had once the light of the Gospel so brightly shining in it ! But now , ah , ah , for the darknesse that hath overspread it ! had you but seen what I saw , your very heart would have been ravished with it . C. Truly , I expected to have heard some great matter from you , of the self-denial , contempt of the world , resignation , humility , meeknesse , patience , obedience , charity , abstraction of minde , and the other great heights of Christian Religion ; but you tell me only of their external devotion , which how good soever it be , yet is far from being the Character of a Christian ; since the very Pharisees were eminent in those things . N. I told you , you were carnal , and savoured not the things of God ; you look after morality , as the great matter : but we look after true Christianity . C. If by morality , you mean the affecting a vertuous behaviour , without a dependance on God and Christ , I have as low an account of it as any can have ; but if by morality , you mean a pure and holy Conversation , I doubt it is the greatest and best part of Religion : Without which , the other parts are but hypocrisie and formality . But I shall examine all these things which seem to knit your hearts so much to that way : And shall begin with their diligence in repressing sin . I confesse they had a kind of Discipline : but it was wholly different from the rules of the Gospel , and far short of the ancient Bishops discipline . N. I see you undervalue every thing we did , but I am sure you have no reason for it . C. First then , were not your Church-Sessions like Birla-Courts , where every one came and complained of wrongs , which belonged to the Magistrate : for the Church should only meddle with sins , as they are Scandals , and not as they are injuries . Next , Dilations , according to our Lords rule , should not be received , till the person be first privately admonished by the party offended ; next , by two or three ; and if he be obstinat , the Church should be told : But you observed no such rule . Next you imposed and exacted Fines , which was the Magistrate's work , whereas the Church should take no money , but what is offered in Charity . You also forced people to stoop to your Discipline , for if they refused , you threatned them with the temporal sword : which by the unhappinesse of the times , was too much at your dispose . And this sheweth , that you did not carry on the Gospel , by a Gospel-spirit , though that was ever in your mouthes , but by secular wayes : for , offenders should come and offer themselves to Discipline , and not be driven to it . The time wherein your pennance lasted , was also short : the ancient Bishops did separate offenders , as many years , as you did weeks . It is also clear , you used Discipline to put a temporal shame upon offenders : For you set them in a high place to be gazed upon , whereas they should have been rather set without the doors of the Church . And to conclude , how wretchedly did you abuse this ? subjecting people to censure , for your triffling matters , when you knew they were acting a mock-penitence : and were more zealous to preach against oppositions to your courses , than against the oppositions to the everlasting Gospel . N. Now you tax us for what we were very free of : Was ever sin so boldly reproved , as in our Pulpits ? Our Ministers sparing no rank nor quality . C. I confesse some things , I say not sins , you reproved boldly enough : not sparing the Lords Anointed , whose pretended faults , you , like so many unnatural Hams , were ready enough to publish , when your so doing , could have no other effect , but to irritate his Subjects against him . How often was that sacred Prince charged with Popery , Tyranny , and the Massacre of Ireland ? and that Royal Family termed , the bloody-house ? yea , after his accursed enemies had murdered him , when common humanity should have oblidged you to let the dead alone , and Christianity should have taught you to have had more reverent thoughts of one who died so piously and devoutly ; yet you ceased not to persecute and tear his memorie , which in spite of your malice , will be glorious to all posterity : and that with the height of insolence and barbarity , in the very hearing and presence of his Son , who now reigneth . This was your bold reproving of faults . But how little were you in secret reproving faults ? When you got to the Pulpit , there indeed you triumphed , because you knew none were to oppose you . Now it is certain , reproofs should be begun in private , and not brought to publick ; but upon the obstinate rejecting of private admonitions . And for what end were you often so bitter to absents ? This , and such other things could be upon no other design , but either maliciously to disgrace them , or to get a following among your party , and the name of faithfull , free , and zealous preachers . N. You speak with very great heat and passion , against better men then your self , and better preachers than ever any of your way will be . C. May be so , I wish both they and their Gifts had been seven-fold better than they were : but if I shall judge of them , either by their printed Sermons , or those I have heard , they are no extraordinary things . And first , The half of their Sermons were upon publick matters : and what did these concern the Souls of the poor people ? Was not this for bread , to give them a stone ? Next , for the solid practises of a Christian life , I scarce ever heard them named , except overly . Whom heard you preach against the love of the world , seeking of esteem , quarrelling , seeking of revenge , anxiety and passion ? Vertue was little preached , and far lesse practised . N. I am sure we heard much spiritual Doctrine from them ; for , these are common matters . C. Read our Saviours Sermons , particularly , his longest upon the mount , and you shall finde these to be the great subjects of his discourse : I confesse they are common , but remember the commonest things are often most usefull . As for your spiritual Doctrine , the true heights of spirituality were as little preached , as the living much in abstraction , silence and solitude , the being often in the still contemplations of God and Christ , the becoming dead to all things else , spending dayes and nights in secret fastings and prayers , how seldom were these things spoken of ? N. What then make you of them , since you d● not allow them to be spiritual doctrine ? C. I shall not deny but they were spiritual , bu● I add , they were of a very low size and degree , an● such as could never carry on the Auditors to an● great perfection , and most of them were practise● by the Pharisees . You know they read the Scrip● ture , and knew it so exactly , as no Christians do their Bibles : they observed the Sabbath severly ▪ they prayed many and long prayers . So that these external things , are but the fringes of true Religion . N. We heard Christ and him crucified preached much . C. It was well if ye did , but let me tell you , i● Christ was so preached , as to cry up a bare relying on him , without obedience to his Gospel , as I fear too many did , this was a very antichristian● way of preaching Christ. Next , you got amongst you a world of nice subtilties , which you called Cases of Conscience , and these were handled with so metaphysical curiosities , that I know not what● to make of them : And the people that should ▪ have been driven out of these , into the great practices of a Christian life , were too much flattered and humoured in them . I am sure our Saviour , and the Penmen of Scripture had no such stuff . N. This still discovers your carnal heart : God help you who understand not the wayes of the Spirit . C. Never tell me of other wayes of the Spirit , but holinesse , charity , and humility , &c. I do not deny but some devout people will be under doubtings and fears , but this is a weaknesse which ought not to be fed and humoured in them , and such scruples are to be satisfied in private . But to hear people , who lead but common lives , talk of such things , is unsufferable . I shall not here take notice of their strange methods , which they so much admired in preaching : though I could tell you how our Saviour and the Apostles used none of these : but I shall be sparing in this , it not being of so great , or necessary concernment . N. O but what powerfull Sermons were theirs ! they made my very heart shake . C. I am glad it was so , but see that by power you do not mean a tone in the voice , a grimace in the face , or a gesture and action , or some strange phrases , these indeed affect the vulgar much : but considering people see through them , and value them little . The voice of God was a still voice , and Christ was not heard in the streets . N. But there were many converted by the preachings , and then there was a great love to the word , people running far to hear it . C. Truly I am so far from envy , that I wish from my Soul , where one was converted by you , a thousand had been . But see that by conversion you do not mean only , a change in opinion , or outward behaviour , which might be done upon interest : and remember that there was a kind of Proselytes , even to the service of God , who thereby became more the children of the devil , than they were . And see that you do not mistake every hea● in the fancie for a conversion ; one thing I mu● challenge you of , that you call alwayes you● preachings , the word of God , for to term them so and yet to confesse , you may be mistaken in them is a contradiction , since Gods word is infallible ▪ Your texts indeed are the word of God , but you● glosses on them , are but the words of fallibl● men : Now this was a great Art to conciliat ● hudge veneration and authority to your preachings ; for you called them the words of the Lord and applied all the places of Scripture that belonged to the inspired and infallible preachers , unto your selves , that so you might be Rabbies in deed . N. I , but their lives was preaching , and the● looked like the Gospel indeed . C. I am far from denying that there were ver● good men among you , and there are some of the● whom I know to have the fear of God before thei● eyes : but I must say , they seem to be little advanced above babes in Christ. For your grea● men , how strangely did they involve themselve● in all businesses ? and truly a medling temper , look not like a devout one : but , what great spirituality appeared amongst most of them ? Leaders o● Churches and parties should be alwayes commending God and Religion to people , and truly hear there is little of this in their mouthes ; shrewd presumption that there is not too much o● it in their hearts . N. Alas ! you know us not , we seldom meet but , we expound Scripture , and have spiritual exercise amongst us . C. I confesse you have enough that way , but that looks more artificial and formal , but in your discourse , how few of your words are seasoned with salt , ministring grace to the bearers ? which is a more genuine and native , and so a more convincing way of commending Godlinesse to people . But what great things of devotion , or holinesse , appear amongst you ? who of you despise the world ? give away your goods to the poor ? who bear injuries without resentments and revenge ? who are willing to be set at nought ? who are mortifying themselves even in the lawfull pleasures of sense ? who bear crosses without murmurings ? and for the devotional part , who of you seem to live only to God , and consecrat your time and strength to divine exercises ? truly these things are as little among you as any party ● know : nay , one thing I cannot passe by , that you generally seem so desirous of being noticed i● your Religion ; this is far from our Saviour practice . N. This is all your prejudicat opinion again● us , but had you been ever with us at our Communions , you would have been forced to confes● that God was amongst us . C. I never denied it , for I am far from being ● hidebound , as to affix God to a party , as you to confidentlie do . But for your Communions , I a● not like to be much convinced by them , I cann● like your running so many miles to them , this ●umultaurie and disorderlie ; for if it be the Sacrament it self you value , you may have it neare● hand : but this shews , you idolize men too much ● Next , at your Communions , all your businesse i● to hear and talk , whereas the truest preparation for that work , is , an inward stillnesse and recollection of mind ; and certainly much talk at that time particularly in the very action it self , doth bu● draw out , and disturb the mind : and by reason o● your crouds , you cannot have occasion of such retirement as is necessary at so solemn a time . And to speak plainly , I cannot think persons very devout , who love rather to hear one talk , were it never so good purposes , than to retire inwardly and commune with their own hearts , and with God. Some of you will be many hours in publick worship , and perhaps not a quarter of an hour in secret devotions . It would look like● Christ , to be many hours secret in prayer , and very short in publick . N. I see nothing among us pleaseth you , but we are never the worse for all that . C. Truly I cannot admire what I judge but simple and mean. But another fault about your Communions , was , that you had them so seldom , against the expresse practice of the Apostles , who continued daily breaking Bread : and the whole Church in all ages and places , were frequent in this , which you brought to once a year . And who taught you to separate it from the rest of the solemn worship , and not have it every Lords day ? N. That was , that by the unfrequency of it , it ●ight be the more solemn . C. Then at length you confesse , you use your ●wn devices , to make the worship of God more ●lemn . But it had been much liker the Apostles , ●o have celebrate frequently , but withall to have ●oticed well such as did receive . N. Did you never observe the great devotion ● our worship ? C. Truly I am sorry , I saw so little of it : what ●rreverence is it , that when prayer is in the ●hurch , most of you ●it on your breeches ? is this ●o approach unto God with the reverence be●omes dust and ashes ? notwithstanding of the ex●resse command of Scripture , O come let us wor●hip , and bow down , and kneel down before the Lord ●ur Maker , and you cannot say this was one of Moses rites . N. God looks not to the outward man , it is ●he inward bowing and kneeling of the soul he regards ; and it is your superstition to stand much ●t these outward things . C. But we are commanded to glorifie God , as ●ell with our bodies , as with our spirits . And ●ow unhandsome is it , that we will not testifie that reverence to God , we would shew to a man , were ●he but a few degrees above us ? beside , you who alwayes call for Scripture , ought quickly to be convinced here ? most Scripture-prayers being ●aid , either to be in that posture , or in that which comes next in reverence to it , to wit , standing . Our Saviour kneeled when he prayed to the Father . St. Paul , both at Miletus and Tyre knee● ed down , and prayed with the people : though ● Tyre , it was upon the shore , a pretty inconvenie● place for kneeling . You know how much Scri● ture I can bring , for kneeling or standing . N. But it is written , David sate before th● Lord , and prayed . C. But is not this strange ; that you will brin● one practice , and follow that rather than the co● stant and universal practice registrated in Scripture● Beside , the word there doth not import that h● sate , but rather that he sifted himself before th● Lord. And then you do not consider that praye● was private , and it is undoubted , more solemnit● is necessary in publick , than in the private worship . Why then do you not kneel or stand in Churches● since you do so in secret , and in your Family-wor● ship ? and why not as well , if not rather in the one nor in the other ? truly this bewrayes both grea● weaknesse , and great irreverence . And beside th● irreverence of that wretched posture of ●itting it is so convenient for your ease , that we see mo● sold themselves to sleep in the prayers : and suc● as do not so , seem to listen to the prayer , as the● do to the Sermon , without thinking they are t● joyn in it . And indeed to fit , is so grosse an abus● in prayer , unlesse some bodily infirmity impos● it , that I rather not see you come to our Church● es , than come to them thus to give a bad example . N. But since you named Family-worship , take but notice what order was amongst our Families they looking like little Churches : Our Masters of Families praying , praising , and expounding Scripture , with their Families ; what , was not this a heavenly thing ? C. I do approve of a part of it , and think it a pious and a Christian custome , to have Families worshipping God together , providing the way of it be grave and regular : of which I shall speak afterwards . But for Masters of Families , their expounding Scripture , it is intollerable , unlesse they be very intelligent persons . How patent a way otherwise may this prove , for venting and broaching errours , and heresies ? but I would not have you value this too much : Otherwise I shall send you to the religious houses in the Church of Rome , where they have worship seven hours a day , in a word , those external things make not men good of themselves . N. But I hope you will not condemn private meetings , especially when a Minister is with us for spiritual conference . C. Truly the thing in it self looks fair and well , but since these secret assemblings have been much scandalized , since also they may be a cloak for hatching mischievous practices , and for debauching peoples minds into schism and faction , and to a contempt of the Publick Worship , they are not to be used . Let people meet as oft as they will in Church for Worship : and what is not fit to be said in a Church , is not fit to be said in a Chamber full of people . Such persons as desire resolution for their scruples , ought to ask it in private , and not in these thronged Conventicles . Since in su● matters the more private one be , the more li● he is to the lowly spirit : and the more talking be , he looks liker one that affects a name , and be thought somewhat . The Gospel is a humbl● simple thing , whereas formal affected stuff , loo● like the spirit of pride , and Pharisaical vanity , a● least it gratifies it too much . N. I see you will not allow us the praise w● truly deserve , but it is no matter , our record i● on high . The men in the world alwayes set a● naught the children of God , but at least you can● not deny us this glory , that were long in grea● unity . C. I love not the spirit of detraction , but I con● sess I wonder to see a party cryed up to the Hea● vens for nothing ; since I can speak it with grea●● sincerity , I could never see any thing amongst you that could raise in me any great veneration so● you . And I am sure , what ever do it , your unity will never do it . It is true , as long as you had to● do with these , whom you most unchristianly , and malicióusly called the Malignants , you were one , as Simeon and Levi were : but when ever that was done , you quickly broke amongst your selves and to let see how keen you were upon your contention , even though the ground of your first breach was soon taken out of the way ; yet you kept up your differences , with as much heat , as if they had been the great matters of Christian Religion . How fierce were you one against another , in your Papers , Sermons , and Prayers ? ●ou had so inured the Pulpit to scolding , that in ●any places it was the vulgar Dialect of that place ; ●nd this you did publickly in the sight of the Sun. ●ea , so hot were you on both sides , that you ●ould listen to no accommodation , nor to any ●lew ( they were very few ) who would have brought ●hings to a temper . N. This was our fault , but you exaggerat the ●natter too much . C. I do it but with truth , and to shew that the spirit moved among you , was so contentious , that when you had no bodie to contend with , you fought amongst your selves . Yea , upon the happie revolution ; how hot was the Partie among you which prevailed against the other , and was beginning snaply to depose them , till you were allarm'd that the Bishops were coming in , and so left it to them ? N. Now you are malicious , to inveigh so against us , you know I can repay you in your own coin . I will then go to , and examine your way next . C. I never doubt , but you can scold well , but we have had a sharp bout of it , we will therefore draw breath a little . DIALOGUE III. N. BY all you have hitherto said , one shou● expect there were some extraordina● sublime thing among you ; but he that looks o● must consess , that all these defects you charge● us , are far more amongst you ; besides , you con● short of us , in what you acknowledge was go● amongst us . So that you have all our evil , a● none of our good : And you dare not deny , but our dayes Scotland looked liker a Christian Churc● than it doth at this day . C. Do not mistake me , as if I were so ingage● to any interest , or party , as blindly to defend i● which most of you commit . I am so far Episc●● pal , as to love the Order , and to live in peac● and submission under it . But I never swore sea● ty to any Sect. My hearty wish , and daily earne● prayer to God , is , that all these distinguishin● names were buried , and out of head , that ● with united force we may all joyn to advance th● true and everlasting designs of the Gospel . As fo● the sins many among us are guilty of , I abhor th● thought of patronizing them ; and , may be , som● of us , though we love not in publick to be eve● speaking of the times , whereby peoples mind are easily bribed to a contempt of the Gover● nours ; a sin little noticed by you : yet in secre● mourn for these things as bitterly as any of you ●o . But remember you your selves are guiltier ● the present loosness , than perhaps you think . N. How can that be , since for as bitter as you ●re against us , you dare not charge us with coun●enancing of vice . C. But you make Religion such a cloak to so ●any State-designs , that this makes too many ●mpiously to suspect Religion to be but a design ●f it self . Beside , you drove people to an out●ard compliance with you , in many of your forms , against their hearts , which hath made them nauseat ●t all Religion : not being able to judge betwixt Religion and these mistakes . But that which is of greatest weight , is , that our Saviour knits the abounding of iniquity , with the waxing cold in love ; now , how faulty you are in this , I shall easily demonstrate . N. No peace , saith my God , to the wicked ; you ever charge our hating of sin , as uncharitableness : whereas this is but zeal for God and his truth . C. These are the false glosses you put on things , but take notice of the humour of your people , you are apt to judge us in these matters which are doubtful disputations , and think a man no good Christian except he be of your Party . Next , you are ever listening to , and spreading a great many tattles of us , which are the great subjects of your discourse ; and what can be more uncharitable than this is ? You also carry sourly , and unkindly to us , as if we were of another Religion , and shun all converse or friendship with us : You likewise cast very odious aspersions upon us , as Apostates , Changlings , Time-servers , and th● like . and some of you rail at us , most petulantly : Now whereas you alwayes talk of persecutio● truly it is more on our side than yours : for , t● an ingenuous spirit , if he be not much above a● these things , such usage chiefly when it is universal , is a far greater trial , than to suffer a little i● the world . N. Truly I do not deny , but too much of tha● you speak is true , and I wish there were more charity on all sides . But , are not most of you Apostates , Changlings , and Time-servers ? C. What invidious work is it for you to faste● that Brand , which the Christian Church only stained those with , who fell off from Christianity to Heathenism , upon the leaving of a party ? Looks not this like the spirit of the Devil ? just as if one should apply all the places in the Epistles against the horrid heresies and crimes of the Gnosticks , to every little errour , which you are ready enough to do . And as for changing , except you make it a reproach for a man to grow wiser , it can be none for a man to see he was once mistaken . This generation was engaged by you , ere they could well consider things , to your way , and your oaths , and then you strive to keep them alwayes in a non-age , by telling them they must be stedfast , and that it is a snare after vowes to make enquiry . And what strange doctrine is it , to tax an obedience to the Laws of the Kingdom ( when in our consciences we can so do ) as time-serving ? Nay , perhaps as I hinted before , you are the greater time-servers . N. Well , though I owe charity to your per●ons , yet I owe none to your wayes , and I call what ●s black , black , therefore I can never be reconci●ed to your Episcopacy . C. This head falls asunder in two things ; The one is , a general consideration of that Government ; The other is , supposing it were as you think it , how far you ought to separate from what is ●misse . Now , tell me what are your quarrels at Episcopacy ? N. I cannot think that Church-men should be called Lords , and be great persons . C. This belongs not to the thing it self , but is an addition of the Christian Magistrates ; and , Sir , ●or Lord , and Gentleman , and Nobleman differ but in degree : Since then a Minister , were he never so meanly born , gets the temporal honour of a Gentleman put upon him , why may not the temporal honour of a Lord , be as well put upon a Bishop ? surely this must not be considered by you . N. But they should not Lord over Gods heritage : therefore away with your Lord Bishop . C. If you understand all Scriptures as you do this , you may write excellent Commentaries : for , by Lording , is meant a tyrannical domination , as the word clearly imports , and not a title . Next , Gods heritage , which you apply to the Clergy , is not in the Text. All in the Greek , is ▪ not tyrannizing over your Lots or divisions : and with whatever reason you put down Bishops from being as Noblemen , that same will prove , you Ministers ought not to be Gentlemen , excep● they be born such ; and I sear your Leaders wi● have no minde to this . N. But this is not all : my chief quarrel again● Bishops is , that they are a function of mans de● vising , and no where instituted by God. C. Truly you may speak soberly here , for be● fore I meddle with this , I will shew in a few things that however you talked bigly of jus divinum yet you minded it as little as any could . You● Lay-Elders , though I deny them not to be a good institution , are founded on no Scripture , as no● the most judicious of your party own : For whe● you urge , that because the Apostle gives rules on● ly for Bishops and Deacons , that the other orde● of Diocesan Bishops must be shuffled out ; how a● that same time did you not see , that ruling Elder● were not there ? and the places you alledge fo● them , are so abused , that it appears you fir● resolve to maintain them , and next to seek Scrip● ture-proof for them . The Brethren in the Council of the Apostles , proves too much , that the● are judges of doctrine ; which yet you will no● own . Beside , it is absurd to think that was ● Church Judicature , as shall soon appear . Tha● of ruling with diligence , is fond ; for there , is mad● an emuneration of Christian duties , and if you mak● an office for all there , we shall I have more ranks o● Church-men , then they of Rome have . And it i● palpable , that by helps and Governments , are meant● some extraordinary Gifts . Who would not pity men who build upon such sandy foundations ? N. But what say you to the Elders that rule well ? C. Truly this is far from instituting an office ; for , this speaks of an office then in being ; so , by some other place , you must prove their institution . There are five or six several glosses put on these words , but I protest , I think any of them appears more genuine then yours . That which I conceive the true sense of the words , is , Let such among you as are fixt to rule particular charges , be doubly honoured : but especially those Evangelists , who have no medling with rule , but labour in word and doctrine . Thus you see how ●ill grounded your Elders are . Next , how want you Deacons ? N. It seems you know our Discipline ill , that know not we had Deacons . C. I know very well you had somewhat called Deacons , but this was only a name to deceive the people , who otherwise might have been startled , to have found Deacons in their Bibles , and not in your Churches ; but I tell you , your Deacons are ●o Scripture-deacons , who were not as yours are , Lay-persons , but Ecclesiastick , and separate by the ●mposition of hands for that function , and so were ●o continue . Beside , where was it ever heard of , ●hat a Church-office was taken from any , without ● fault ? whereas you yearly altered your Elders ●nd Deacons . Next , why wanted you Diaconesses , ●nce the Scripture is so particular about them , telling of their order , of their being received to it , of their Qualifications , of their Age , and of their Imployment ? N. Truly I have heard many of our Ministers say , the want of them was a fault . C. Next , why wanted you Evangelists , since there are still men who have peculiar eminencies in preaching ? why should they be confined to one charge , and not to be made to preach over a countrey , as they shall be called ? N. That was an extraordinary thing , which was in the dayes of the Apostles . C. This is well asserted : any thing in Scripture that makes for you , call it ordinary , and what doth not please you , is extraordinary . But truly , since it is impossible to get a whole Church served with such a Ministery , as were to be desired , it seems to be necessary , even in those dayes , to have an office of Evangelists . But further , in what place of Scripture read you your classical Subordination of Sessions to Presbyteries , & c ? This I acknowledge is rational and orderly , but founded upon no divine right . N. How did they of Antioch send up to these at Ierusalem ? and are not the spirits of the Prophets subject to the Prophets ? C. By the last place , it is clear , he is speaking of Parochial Churches , which subjection none deny ; but for the former , it is ridiculous to urge it , since it is certain they of Antioch sent not up to Ierusalem , either as to a Church superior to it , or as to an Oecumenick Council , but to men there , who were immediatly inspired by God : as the Iews consulted the high Priest his U●im and Thummim ; and if that was a Council , then all Councils may speak in their stile , which none but a Papist can say . For to preface our acts , with , It seems good to the Holy Ghost , and yet to say , we are subject to error , is a contradiction . And thus the subordination of your Courts was a meer humane device ; so that if the jus divinum be the rule , the Independants had the better of you . But as for your Discipline , what warrand of Scripture have you for it ? N. The excommunicating the Incestuous person , and the noting those that walk disorderly , &c. C. I do not deny , but there are clear grounds for separating scandalous persons from our Worship ; but , why so many dayes ? and why in a place of repentance ? and why the use of Sack-cloath sometimes ? is not this the device of men ? bring Scripture for it ? N. Sure the Church hath power to do in these things , as shall tend most to order : and the dayes , place , and habit , are but external things . C. Now I have you at a great advantage , though you understand it not . Why may the Church impose such dayes of penitence , and not as well order all for the sins of the year to be in penitence all the time of Lent ? And why is one place made a part for Penitents to be in , and may not another with as good and better reason be made the proper place for Communicating ? And why may not a Church-man officiat in a Surplice , as well as a penitent put on Sack-cloath ? since the one is a ceremony expressive o● repentance , as well as the other is of innocence : and both were equally practised under the Law. N. I confesse , I did not think on these things , but I believe our Ministers have answers to them . C. You may well believe , for you shall never see it , for there is no imaginable difference betwixt them : One thing I confesse , that a man once resolved not to believe a thing , if he have any subtiltie of spirit , will make a shift to say somewhat upon any thing . But I have not done with shewing your difformity with the Scripture-pattern ; since then we were just now speaking of the Council at Ierusalem , why do you not observe that Law ? N. Because that was only to bury the Synagogue with honour , and as for the meats offered to idols , St. Paul takes that away . C. This is like you , still to devise fancies against expresse Scripture ; where sayes the Scripture , that was done to please the Jews ? as for St. Paul , consider that he wrote his Epistle before he went to Ierusalem , and yet St. Iames tels him these things were still observed there ; which shews , that a thing may be obligatory in one place , and not in another : and so , that in these externals , commands are not intended for lasting obligations . Next , why use you not washing of feet , since there is no Sacrament set down more punctually in Scripture ? The Element is , Water , the Action , washing the feet , the Institution , as I have done , so do ye , and ye ought to wash one anothers feet , and the spiritual use of it , is humility . Why do you not therefore use this rite ? N. Why do not you use it , since you cannot refuse the Scripture more than we ? C. For all such matters , I have a clear answer , that in these externals , God intended no perpetual obligation ; and therefore in them I follow the practice of the Catholick Church . Next , in your Worship , why do you not kisse one another with a holy kisse ? why do you not anoint the sick with oyl , as St. Iames commandeth ? N. It is clear , that was extraordinary , for he promises recovery upon the anointing . C. No such matter , it is upon the prayer of faith , that he promises recovery , he also promiseth forgivenesse , and since you pray by all , and do not say that it is more then a mean for their being raised up and forgiven ; why do you not as well anoint , since the Scripture commands it ? But all this shews , that however , with women , and simple people , you talk much of your sticking to the Word , and by your grave nods , and big words would perswade them , that it is so ; yet you are as far from it as any . I shall end all this with an instance of great importance , who taught you the change of the Sabbath ? I am far from speaking against the Church that did so , but you will read the Bible long ere you finde it there ; that of their meeting on the first day of the week , sayeth not , that they antiquated the Saturnday ; that of the Lords day , saith yet lesse for it . N. Well , what make you of all this ? it may well prove , our Church was not perfect ; it never justifies you . Or , do you mean to lay aside the Scriptures ? C. It once checks your insolence , who pretend so big , upon so light grounds ; and it is certainly a directer opposition to Scripture , to neglect what is expresly enjoyned , as you do , than to add in some lesser matters . All I say upon the whole matter , is , that the Scriptures were designed by God , for the purifying the hearts and conversations of men ; and therefore it was not necessarie they should contain direct rules ; for the Church-policy , which being a half civil matter , needs not divine warrands ; and therefore the common rules are in Scripture , that there should be Church Officers , that those should be separate for that Function , that they should be obeyed , that things should be done to order , edification , and peace . These are everlasting obligations , because the reasons of them are perpetual : But the other rules were accommodat to the then state of things ; which altering , they alter likewise . And this is so rational , that I can see nothing to be excepted against it , with any shew or colour of reason . Nay , this looks like the Christian liberty , for , whereas the old dispensation was bound up , and limited to the smallest matters , Christ hath delivered us from that law of Ordinances , and hath made us free . N. This is to take the Crown off Christs head , and to pull him off his Throne , and to deny him King , which was the good confession he witnessed before Pilate , and for which he came into the world ; this also makes him unfaithful , and inferiour to Moses . C. These are fine devices to terrifie simple people , and with such talk you triumph among women , and in your Conventicles . But , how little reason will suffice to let a man see through that canting ? I say then , Christs Crown , his Throne , and Kingdom , is an inward and spiritual one , and not of the world , nor as the Kingdoms of the world : And a great part of his Kingdom , is , the liberty whereto he hath called us , freeing us from the yoke of the former slavery and pedagogy . And since no Allegory holds , it is ridiculous to argue , because offices in a Kingdom are named by the King , therefore it must be so in the Church ; since you may as well say , there must be coin stamped by Christ. Beside , what King will think his prerogative lessened , by constituting a Corporation , to whom he shall leave a liberty to cast themselves into what mould they please , providing they obey the general lawes , and hold that liberty as a thing depending upon him ? Christs faithfulnesse consisted in his discharging the Commission given him by the Father ; of which , whosoever doubts , let him be Anathemae Maranathae . But , who told you , it was in the Fathers Commission ? If you argue from Moses , it will say more than you will grant , that all particulars must be determined : since then , as Moses determines the dayes of separation for a legal uncleannesse , why doth not the Gospel determine the separation ●o● spiritual uncleannesse ? Nay further , consider Moses instituted no Church-Government , in the way we use it ; for that of the Tribe of Levi , and house of Aaron , was only Typical , and to wait on the Temple , and the Worship to be performed there . Beside which , they had Synagogues all the Land over , and wherever they had Colonies in the World , and in these they had their Rabbies , their Scribes , and their Rulers , and their chief Ruler of their Synagogues , which read their Law , performed such Worship as was not tyed to the Temple at Ierusalem , and they inflicted Discipline upon offenders : and these might have been of any Tribe , not only of that of Levi ; and yet our Saviour never challengeth this , but went in to the rulers of their Synagogues ; the like you finde done by his Apostles , and they never declame against it , as an humane invention . Whence it must follow , that you must grant , either what they did , was founded on divine tradition ( which no Christian will grant ) or that a form of Government was devised by men , and yet no unlawful thing . And if the Jews had such liberty , certainly the Christian Church is at least more free , as to these externals . And after all , since Christ is the Head of the World , as well as of the Church , why did not he determine the order of the one , as well as of the other ? N. The odds is very great , for his Church is dearer to him than all the world . C. Why then doth he not determine how his Church should be governed , as to the civil matter , since Justice is a part of his Law , as well as devotion ? and the civil peace , I hope , you will grant , is more necessary to the very being of the Church , than is order in Discipline ; and so it was determined in the old Law , but yet it is left at liberty in the new . And though I should grant , the Church , as Church , is dearer to Christ , then as they are men , a foolish and childish nicety : Yet a King , though he looks most to what is dearest to him , he will have his authority acknowledged in all his dominions : whence it will , with the same parity of reason follow , that since Christ is the King of the earth , there should be no Offices in it , but of his appointment . N. I never loved this carnal reason , it is an enemy to Religion : Our Ministers bring us to the Bible for every thing they say , but you come on with your reason . C. Truly you have good cause to be against reason , for it and you cannot both prevail . If by carnal reason , you mean a sober examining things , by the dictates of Nature ; see that you condemn not that , which is indeed the voice of God in us , and therefor is to be received . And if you make this contrary to Religion , you bring as great a stain upon Religion , as an Atheist could devise : But if by reason , you mean little pittiful nibling with some ill understood , and worse applied distinctions , out of Aristotle and Ramus , as is very frequent among you , that is justly called vain Philosophy . And for Scripture , do not think they build surest upon it , who are ever quoting it fastest ; the Devil did that , and so do all Sects . And thus if you can rightly weigh things , I have said enough to convince you , that in matters of Government , the Church is at liberty : But if you will still go to Scripture , I can positively say , though in it nothing amounts to a demonstration ; There are fairer likelihoods for Bishops , from that of the Angels of the Churches , than ever you shall find in it for Presbytery : but I will not say more of this . Next , let me tell you how soon this Government was in the Church . N. I will not deny , tares sprung very early in Gods Husbandry , but that will never convince me . To the Law , and to the Testimony ; for from the beginning it was not so . C. You do well to possess your self with a prejudice against these Churches ; but think soberly , whether is it likelier , that those who lived so nigh the sacred time , understood the mind of the Apostles better then we do , at the fagg end of an thousand and six hundred years ? As also , whether is it liker , that the Church then , alwayes in the fire of persecution , was purer then she is now ? God bless me from the pride of comparing my self with these worthies , who were honoured to convert the world , and to die for the truth ? N. But Bishops were not in the two first Centuries , as our Ministers say . C. They are grossly ignorant , or disingenuous , who say so , all History being against them : Ignatius Epistles are plain Language . The Apostolical Canons ( a work of very venerable antiquity , at least the first 50 of them , though none of theirs perhaps ) all over , shew the difference was then betwixt Bishops and Presbyters , particularly the 40. Can. The Presbyters and Deacons shall finish nothing without the Bishop's sentence : For , he is intrusted with the people of God , and shall be required to give account of their souls . And the same thing was also enjoyn'd , Syn. Azel . Can. 19. And in Cyprian's time it is undenied , that their power was then well regulate and settled . For though that great Saint and Martyr tells , lib. 3. Epist. 10. That he had decreed in the beginning of his Bishoprick to do nothing without the advice of his Presbyters , yet , Ep. 9. of that book to Rogatian a Bishop , who had asked his advice concerning an affront he had received from a Deacon , he sayes , that by his Episcopal vigour and authority of his Chair , he had power presently to punish him : And towards the end of that Ep. he sayes , these are the beginnings of Hereticks , and the rise and designs of Shismaticks , to please themselves and contemn their Bishop with insolent pride . And it is clear , Presbyters at that time , even in the Vacancy of a See , did not judge themselves sufficiently impowred for Ecclesiastical administration , by what the Presbyters and Deacons of Rome write to Cypr. lib. 2. Ep. 7. saying , That since a Bishop was not at that time chosen , in place of the deceased Fabian , there was none to moderate all things amongst them , who might with authority and advice take account of matters : Sure they thought little of Presbyters , being equal in power to their Bishop , who write so of a Church wherein the Episcopal power might seem devolved on them . But , I believe , few of you know these Writings . In the Council of Nice , speaking of the power of Metropolitans , which was an additional thing to that of Bishops over Presbyters : The Canon sayes , Let the ancient Customs be in force . Now , how this excressing power should have crept into the whole Church , and no mention when it came in , no temporal Princes , nor universal Councils to introduce it , and that at a time of persecution , when the Church was least to be suspected of pride , no Secular consideration being to flatter this power ; nay , on the contrary , they alwayes bore the first brunt of the Persecution ; and how none opposed it , if this was not introduced by Apostles , or Apostolical men , passeth my divination . Neither can any thing be alledged against this , but some few or disjoynted places of some Authors , which at most prove , that they judged not the origine of Bishops to be Divine ▪ But none except Aerius ( branded upon that account with Heresie , both by Augustine and Epiphanius ) ●id ever speak against the difference was betwixt Bishops and Presbyters . And for the few places they alledge , should I reckon up all that from these same Authors may be brought for it , I should grow too tedious . Ierom is he for whom they triumph , but upon very small ground : for , beside that he being but a Presbyter , might have exalted his own dignity to the height , and his fervent ( I had almost said fiery ) spirit , drives him along in every thing to an excesse ; as may appear from , not only his ingadgements with Iovin . Vigilan . and Ruffin . but even with the incomparable St. Austine : all can be drawen from his words , is , that the difference betwixt Bishop and Presbyter , was only of degree and not of office , and that the difference was not of Divine , but Ecclesiastical authority : but even he expresly confesseth , that Presbyters did not ordain , and that the origine of the exercising power was in the dayes of the Apostles , to prevent Schisms ; for , he sayes , that from the dayes of St. Mark , till Denis and Heraclas , there were constantly Bishops in Alexandria ; and he compares the Bishop , Presbyters and Deacons in the Church to Aaron the High-priest , his sons the Priests and the Levites in the Temple , and sayes that it was decreed through the whole World , that one Presbyter should be set over the rest ; and to root out the seeds of difference , the whole care was laid upon one : for all this , see Ier. ad Euag. and upon Titus : and from this you may see how little shew of ground there is from him or any other Church-writter to reject the Episcopal authority . N. But these Bishops were not such as ours are . C. I confess they were better men , than either Bishops , or Presbyters alive are : But he knows little Church-story , who knows not , that the Presbyters did nothing without them , and that particularly , Presbyters could never ordain without a Bishop . N. Well then , as it was good then , so it may be ill now , and there is our present case . C. I say still , it is a rational , just , and a most necessary thing , that the Senior , and most approven Church-men , be peculiarly incharged , as well with the trial of Intrants , as with the inspection of the Clergy : since no order of men needs so much to be regulated , as that of Church-men . And therefore unless they be all equal in gifts , and parts , they ought not to be equal in power and authority . If the power of Bishops be at any time abused , it is but that to which all humane things are lyable : nor can Presbytery be freed of that , but let the common maxime in such cases be applyed to this , remove the abuse , but retain the use . DIALOGUE IV. N YOu have said , I confess , a great many things , that I cannot well answer ; yet my conscience still tells me , that Episcopacy is no good Government ; and I cannot act against my Conscience . C. You must remember , this is the Plea of all Hereticks , who still pretend Conscience . I confess there is nothing in the world , wherein I desire to be more tender , than in offering the least violence to Conscience , there not being a wider step to Atheism , than to do any thing against the conviction of Conscience . But see it be not humour , and wilfulness , that you scorn to change your opinion , or love to your party : whom you dare not displease : or vanity , that you may be noticed ; or faction ; Or simple and blind following of your Leaders , without clear convictions in your own mind ; all which , for most part , are the true reasons of schisms , though Conscience be ever pretended . And remember , that God will not hold them guiltless , that take his Name in vain , so you shall not pass unpunished , if you pretend Conscience , and be not acted by it . N. How then must I examine any perswasion , to know if it be conscience , or not ? C. If you find in your heart a serious desire to please God in all things , together with a desire of obeying the Laws of the Kingdom , and of complying with the Church , in what you judge lawfull , but out of grounds which appear to you founded upon the will of God , you are led to a perswasion , this is Conscience : provided there be joined with it , a modest distrust of your self , with a charitable opinion of those that differ from you . And such as are of this temper , were their judgements never so bemisted , I reverence , and love : Weigh the matter therefore in just scales , and I doubt you shall see , that at best , you are led by a blind and implicite obedience , for I will not uncharitably censure you as guilty of worse . N. You are so proudly blown up , with an opinion of your self , that you think all who are not of your mind , are ●lind and ignorant at best : whether is not this arrogance in you ? C. Consider my grounds , ere you give a judgement against me . I say then , private persons have nothing to do with matters of Government ; your business is , to submit in these things , and not to judge : For , whether think you , God in the great day , will call you to answer at his Tribunal , if you were Episcopal , or Presbyterian ? As also , since the great design of the Gospel is , to purify the heart ; these things which have no tendency to the purifying ▪ or blotting of the Soul , are not matters of Conscience : And these are two easie Rules , whereby private persons might well examine their Consciences . N. But if we think you are wrong , can we joyn with you ? C. First , I say , you can have no rational ground to think us wrong , in matters of Religion : And since it is not a matter of Religion , and Salvation , you cannot without being Schismatical , separate from us . But further , even every errour in Religion , ought not to unty the bond of the unity of the Catholick Church , unless the errour be of greater importance , than the Communion of Saints is : a consideration which you never seem to weigh . How did the Apostle St. Paul become a Iew to the Iews ? though he tells us to do these things , out of an opinion of necessity in them , was to antiquat the crosse of Christ. And let all men judge , whether to circumcise , and purify in the Temple , were not greater compliances , in matters more justly to be scrupled , than what we contend about . Nay , the free spirit of Christianity , made St. Paul see well that these externals were of themselves nothing ; so that either doing , or forbearing in them , might be acceptable to God ; as he clearly sheweth in his fourteenth Chapter to the Romans . Yea , he carrieth this liberty further , even to an instance , which I confess , I should never have yeelded to , had not he determined in it ; that is , the eating in the Idols Temples , of their feasts , and eating meat offered to Idols . Now , if St. Paul did this freely , both to Jew and Gentile , are not you bound to more obedience , when not only charity , but duty to the Laws exact it ? This sheweth how far you are , both from the free and charitable spirit of St. Paul. N. It is true , he complied in these things , but it was freely , and not when it was exacted , as you do of us . Next , he avoided to do these things , when they occasioned scandal , which is our case . C. You in this bewray great simplicity ; for St. Paul did not refuse compliance , because they were commanded by authority , which you do : but because certain false brethren came to spy out his liberty , to whom he gave place by subjection , no not for an hour . If therefore any require your compliance , as if it were necessary of it self , you have reason to stand fast in the liberty wherewith Christ hath made you free . But it is unsufferable peevishness , to say , if the Magistrate enjoyn a thing , declaring that it is still free in it self , and only necessary , because it is commanded , upon that score , to refuse obedience . And may not offenders as well refuse to undergo the Discipline you enjoyn them , and say , though the thing be lawful , yet it is but indifferent , and therefore they cannot obey you , because you command things indifferent , which , as you reason , makes them necessary . As for the point of scandal , do not mistake it , as if the displeasing your party , were a giving of scandal , as many of you weakly think ; to give scandal then , is , to stretch your liberty , when that freedom of yours , may draw others to follow your practice , though they have not the same clearness in their mind . And hence it appears , that to avoid scandal , is only an abridging your liberty , for the good of your brother . If therefore you be not at liberty , but already restrained in it by the lawful command of authority , you ought not in that case to be disobedient , upon a pretence of avoiding scandal . But I shall yet examine the matter of conformity , more closly . And , first , why do not your Ministers join with our Courts for Church-discipline ? N. They cannot do it , because they are no Legal Courts , the Law that established them being taken away , so that now they are but the Bishops Deputies . C. I have before studied to convince you , that all that is divine in Discipline , is , that scandalous persons be noted , and separated from worship ; but how this shall be administered , can be no matter of Religion ; since , wherein are souls concerned , whether a Court , acting in a parity , or with one over them , do this ; providing it be done ? But waving this , whether judge you the Presbyters power for Discipline is founded upon a Divine Law , or upon the Act of Parliament ? no doubt , you will say , the first : well then , can the abolishing that Act of Parliament take away your power ? if not , you ought to sit in these Courts , and still do your duty . N. But this is to sit in a Bishops Court , which acknowledgeth his authority . C. I pray you , suppose the case , that the King should abrogate all Laws for the worship of God , and declare , that all that assemble to worship God , shall be understood to worship Mahomet , and thereupon oblidge all to meet ; though you meet not upon that command , yet I hope you will still meet to worship God ; let them interpret that as they please . So , I say , since a power of Jurisdiction , is that to which Presbyters lay claim , by a divine right , they ought to meet in these Courts , let the Law call it what it will. N. But the Bishop is over them , and over-ruleth them as he pleaseth . C. But , suppose this were true , and that Episcopacy is a tyranny in the Church ; Why ought you not to submit to them , as well as you did to the late Tyrants in the State ? And why , as your Ministers say , they will be content to take Churches , and preach , but let Discipline alone ; which is a quiting of some of their Rights , that they may retain the greater ? May they not as well exercise Discipline , though they cannot do it with all the liberty they desire ? Sure , there is nothing but peevishness in this . N. Do you think our Ministers would quite their Churches , and liberty of Preaching the Gospel , which is dearer to them than all the world , for any thing but Conscience ? C. I am not so severe as to doubt , but in most of them it is Conscience ; but I must adde , it is ill informed Conscience . But what can you pretend , for your peoples withdrawing from our Churches ? since our Religion , in Doctrine , Worship and Discipline , is the same : only a small alteration in the point of Government is made . N. I am not for separating from you , as my practice tells , but much may be said for it ; therefore I will judge none that do it . C. Truly I desire to be as sparing in passing Judgements on people , as any can be : but since separation must be either a necessary duty , or a very great sin , being a forsaking the unity of the Church : it can be no light matter to tear the Body of Christ , when there is scarce a colour of pretence for it . Now , the Schismatical humour among you , appears palpably in this , that you come sometimes to Church , but seldom ; this seems indeed to be time-serving , that you may both evite the punishment of the Law , and also retain your interest with your party ; for , if you come once in three moneths , you may come every Lords day ; and if you may come , you ought to come ; otherwise you forsake the assemblings of the Saints , and contemn what you call the Ordinances . Others of you also joyn with some of us , but not with others . Now as to our publick transgressions ( if they be such ) we are all equally guilty , why then make you a difference ? Others of you come to Churches in the Countrey , but do not so in the City : what doth this look like , but that you have freedom for the thing , but will not do it , for fear of being noticed ? which is to prefer the pleasing of men , to the pleasing of God. And finally , some of you joyn with us in the ordinary Worship , but will not communicat with us , which bewrayes great solly ; for if you may pray and praise with us , which is the spiritual communicating : why do you not joyn in the Eucharist , which is but solemn praise ? N. How can we acknowledg them our Pastors , who are intruders , and are in the places of our faithful shepherds , whom you have torn from us ? C. Supposing it were as you assert , yet that will never warrand your separating from them : since , although by the Law of Moses , the eldest of the house of Aaron was high Priest ; and the Romanes by force driving them from their right , exposed this most sacred function to sale , so that the high Priests not only invaded the right of others , but also obtained their office by the most horrid Simony imaginable ; yet Caiaphas , as high Priest , prophesied ; Our Saviour also answered at his Bar , and gave confession , when he authoritatively adjured him , in the Name of the living God. St. Paul also acknowledged Annanias . And though the Pharisees were wretched teachers , guilty both of greater crimes and heresies , than you dare charge on us ; Yet our Saviour saith , hear them , for they sit in Moses Chair . This is so convincing , that nothing in reason can be alledged against it : Yea , it was the doctrine of your own Teachers . Finally , what cruelty is it , if a Minister be put from his place , be it justly or unjustly , that the people should be starved ? It shews your Ministers can have no love to their flocks , if they desire it should be so . N. But your Curats are naughty men and weak preachers . C. This is an excellent piece of Religion in you , to take up , and use reproachful names of your Pastors . For though the name Curat , be a designation , no Minister ought to be ashamed of ; it signifying one that hath the care of Souls ; yet ye use it as a term of contempt : and this is your obedience to St. Pauls rule , honour them that are over you in the Lord : Which , as he addes , is for their works sake , and not for their persons sake , as you do . As for their persons and Gifts , where is Christian charity , that should make you slow to take up a bad impression upon slight grounds ? But if your grounds be good , where is your charity to the Church ? since you do not make it known , that they may be cast out . Beside , it will open a very wide door to separation , if you say , that upon the personal failings , much more weaknesse of a Preacher , you may separate . This is to ty the good of Church Worship to him that mannageth it . And further , it seems , you think to hear Sermon , all you go to Church for : But the chief reason of our meeting , is solemnly to acknowledge God , and that we are members of his Church : which we can do , be the Minister what he will ; and hear good Scriptures read , and sing good Psalms . Besides , let me tell you , you are not so zealous for good Preachings , as you would make the world believe . For , are there not many of your Preachers , who , while they were in place , were of no esteem , nor following ; and are undoubtedly men of weak Gifts , yet now are crouded to by you ? and the Church Sermons are deserted , and their Conventicles frequented . All the reason for this is , because they rail against the Church and State ; which is the only way to make a man popular amongst you . N. You have pretended to answer a great many things , but one thing remains , wherein our chief strength lieth , and that you shall never be able to unbind ; which is , the Covenant : wherein the whole Nation , and the generations to come in their loins are engaged ; and , can such sacred and solemn vowes be broken , without shameful perjury ? C. This you alwayes bring out as your Goliah , to defy the Armies of the living God. But as Sampson's strength lay in his hair , without which he was as other men ; so upon a full survey , it appears that the Covenants strength consisted in the Armies that fought for it , and not in any inward or innate vigour . And , first , what a ridiculous fancy is it , to say , Children can be bound by their fathers Oath ? is not this to make us the servants of men , and to give them authority over our consciences ; which is Gods peculiar power ? Alas , what kind of souls have you , that can be led into such conceits ! N. Doth not the fathers debt oblidge the son ? why not also his oath ? C. A mans debt affects his estate , which if the son get , he is bound to pay the debt . But if the son get no estate by his father , then I hope you will not say he is bound to pay his fathers debt . And this shews that the fathers promises binde nothing upon the sons conscience . N. But are not we bound to duty to the King , because of the Allegeance our fathers swore , even though we never swear it our selves ? C. Not at all , because they swore Allegeance , but because the right of the Crown is in the Kings person , and therefore we are born his Subjects . N. But how was Adam oblidged for his Posterity , if Parents cannot binde their children ? C. This is strange dealing , to apply a mysterie of our faith , which we cannot well comprehend , to your triffling matters . But take notice , that Adam did not binde his children , by his undertaking for them , but by a secret transaction of Gods ; who covenanted with him , as with the common head of mankind . And if Parents can bind duties upon their children , they may as well bind sins upon them . And this is new Doctrine unheard-of in the Church , which never acknowledged any Original sin , but that derived from Adam . N. How then do Parents vow for their children in Baptism ? and are not they bound by the Baptismal vow , taken by the father , in their name ? C. The Parent binds for the childe , as a tutor in legal matters for his Pupil : that is , they bind for their interest . The childe is indeed tyed by his Baptism , not as it was his fathers vow , but because by the command of God , he was Baptized into the likenesse of Christ. N. How then is Saul charged , and his children punished for killing the Gibeonites ? C. It was not because he had falsified the oath , the Princes swore : which is no where said But these Gibeonites , by that oath , got a right to their lives ; and so were excepted , when God ratified it , from the general command of cutting off the Canaanites : therefore , to kill them , wa● cruelty , and not perfidy . And Saul is not taxe● of perjury , but of blood . For although the second of Samuel make mention of the oath swor● to them , that is , only to reminde the Reader o● the History set down in Joshuah : but doth not at all say , the oath was still binding , as appears from the words . Thus I have taken more pains tha● was needful , to shew the ridiculous fondnesse o● this absurd notion : and have met with all ca● be said for it . N. Well , for all this , ye cannot deny but th● Covenant binds these who took it . C. I will , ere I come to that , let you see ho● little noise you made in the breaking it in som● things . When then the Tyrant had murdere● the King , enslaved this Nation , antiquated th● Covenant , discharged General Assemblies , Inhibited praying any more for the King , who the● stood up for the Covenant ; or clamoured , a● you now do , of Apostacy , Tyranny , and Perjury I know , a few spoke somewhat , but it was so se●dom , so faintly , and so disguisedly , that it was fa● from the thundering that was in some of you● Pulpits before you were silenced , and as at thi● day is in your Conventicles . The true reason was ye knew the Tyrant would made no bones of ma●king heads fly , or sending you in Shipfuls to Barbadoes : but you presume upon the King's clemency . And you know what a trip some made , when upon a threatning of taking their Stipends ●rom them , they passed from what , in a printed Paper , they had owned as their duty , both from Scripture and their Covenant . N. It is uncharitably done of you , to rake into these things : but if we were faulty in some particulars , that is ill corrected , by becoming so gross , as to renounce all . C. I medle with none of your private escapes , but such as were publick : and do it not , as I have often said , to reflect upon you ; but to let you see , you are but as other men , and not such wonders , as you would have the world believe . I shall next tell you , what monstruous faults you committed in exacting the Oath , not returning upon what was hinted , Dial. 1. That it was a Bond of Rebellion , against the Lords Anointed . As for your National Covenant , what a cruel imposing upon Consciences was it , to make a Nation swear an Oath , which they could not understand ? For you made them therein renounce all the Articles of Popery ; amongst the rest , opus operatum , a Latine word , and abstruse conceit ; with many other niceties , which you could not but know , your women and simple people did not understand . And was it not a contradiction , to make them swear against Worship in an unknown Tongue ; and yet in that very Oath so to use it ? For swearing is an act of Worship . Yea , you made them preface all this with a gre● lye , that it was after full and mature considerat●on of all particulars ; when you knew they we● not capable of considering them . And wha● strange Tyranny over Consciences was it , t● make people swear in these matters , some wher● of might be disputable ; so that a man could no● be of your communion , except he were in you● opinion in all things ? A rigour never befor● practised but in Trent . Then , what a tr●pane was it , to make the Nation swear the Cov●nant , and by an after-game to declare that Epi●copacy was abjured in it ? Next , what violen● used you to oblidge all to bow to this Idol● Church-men were not only deposed , who refuse it ; but both Church-men and Lay-men were ex●communicated , if they did not submit to you● tyranny . What man of common sense can thin● this was the Cause of God , which had such mo●struous errours in its first conception ? N. All you can say upon this head , may we● prove , there were some faults in imposing it but it still doth bind , since he shall dwell in Go● holy hill , who swears to his own hurt , and chan●eth not . C. I confess , Oaths , when the matter is lawfull , do oblidge : but if the nature of thing● change , so the matter grow unlawful , you th● cannot say the Oath binds . In a word , a man , or Society can only bind themselves , in things tha● are left to their power , and are in their own 〈◊〉 : but if the matter be not in their power , ●hen their Oath cannot bind them . N. That is not our case , since you acknow●edge the thing to be of it self indifferent . C. I confess , if you take the thing abstractly in ●t self , it is indifferent : but as the case now ●tands , it is not so : for , by the command of God , we are oblidged to obey the Magistrate in all things lawful : so that all just Laws oblidge our Consciences : And this is a tye before all Oaths . And as by no act of ours , we can be bound to break the commands of God ; so , no more can we oblidge our selves to do any thing in prejudice of anothers right ; such as is the Soveraign's Authority . Therefore , no Covenant can bind us to deny obedience to the King's Laws , because they are in a measure , the Laws of God ; ●nd it is his right to command us , from which , ●o Act of ours can exclude him . Therefore , since the King and Parliament have annulled the Covenant , and required us to submit to Episcopacy , it can no more bind us . N. This is good Doctrine , to teach that we should obey man , rather than God. C. This is gross ignorance in you , it is , that we should obey God rather than our selves : for , the just Laws , are the mediate commands of God ; whereas our Oaths were a voluntary deed of our own , to which we were not bound by any command of God. Now , if you comprehend not this clear demonstration , it is because you are a stranger to common sense . N. Wherein could Episcopacy have been mor● for the good of Scotland ? or what could th● Kings reason be , for preferring it to Presbytery at least for judging it fitter for us ? C. This is like all mutinous Subjects , to b● judging and censuring the actions of their Princes , unlesse they be on all their secrets , and kno● what all their reasons , and designs are . Go● hath given Kings the authority to command● and hath left us the glory of obedience ; whic● we ought to do without further inquiry : provided what they enjoyn be against no comman● of God. But we need not seek to rifle the Ca●binets of the King , and his Councellors , ther● being many apparent cogent reasons , to have en●forced the change . You know what work you● Leaders occasioned , both to his Royal Grandfather , and Father , and to Himself . You had in●volved the Nations in blood ; and not satisfie● with this , after you got all the security yo● could demand , you engaged with his enemie● in England , against him ; you opposed the de●sign of delivering his Father , Anno 1648. In word , what jealousies had you justly raised in th● hearts of Princes , of your Government ? an● your Tyranny ( 1649. ) against the Nobility , ha● justly irritated them against you . Next , you ha● divided shamefully amongst your selves , on● great party amongst you , being such , that you● selves sound it necessary to turn them out ; the● maxims being inconsistent with all Order and Government . And of these that are outed , i● ●s clear , that more than three parts of four , are of that party . Why then are ye so blind as to ●sk a reason for the change was made , as if at ●oon one should ask where were the Sun ? N. Sure you are an enemy to Godlinesse , who ●ave an heart so to rail at us . C. I am such a lover of true piety , that for ●ll this drosse that is amongst you , such of you , ●s live well , and walk conscientiously , I still love ●nd value ; and the Searcher of hearts knoweth , ●hat I daily pray he may finde a way to re-unite ●s all again ; and to bring such of your Leaders , ●s are sensible of their errours , in these great ●scapes , to a capacity of serving him in the Church . But it is strange you should take such ● liberty , both in Discourses , Conventicles , and ●rinted Writings , or rather Libells , to inveigh ●gainst us ; and then , if we but say a little for ●ustifying the King , the Lawes , and our Consci●nces , and for undeceiving the people of these ●ists you would cast over their eyes , then you ●●ry out , that we are uncharitable , bitter and malicious . Sure you who are so much for de●enfive arms , may , at least , allow us to defend the truth , the law , and our selves , with our Tongues and Pens . DIALOGUE V. N. I Confesse you have much shaken me in the matter of the Bishops , though I never find in my heart to love them . But one thing stil● sticks , they are great friends to the Common ▪ Prayer-Book , which I cannot think upon in patience ; and therefore I cannot joyn with them . C. Truly if that be your chief quarrel agains● them , it is as well grounded as the rest . N. How ! do not you think it a great matter , to take from us the pure and spiritual Worship of God , and in stead thereof , set up a dea● and formal Liturgy ? C. I perceive you are still abused after on● manner , your Leaders put big words in you● mouthes to make you stick stiffl●y by them ; you● Government , they taught you to account the interest and Kingdom of Christ ; they also woul● make you believe your Worship to be the onl● spiritual one , and all others but carnal . Now , ● will let you see the great fallacy of this prayin● by the Spirit , as you understand it . To pra● by the Spirit , is , when out of a deep sense of ou● misery and need , and firm confidence in God , w● draw near to him , to offer up our prayers , an● praises to him , through Jesus Christ. Our heart● being moulded in this frame , we pray by th● Spirit ; use we words , or not , the same , or di●ferent expressions . Nay , it will appear , w● are carnal , when we need to have our devotion tickled , and provoked with new words . N. Now , I clearly see the rottennesse of your heart , and your superstitious cold formality . C. This is great arrogance for you thus to judge of things ye understand not . Consider then , the Will is the supream power of the Soul , and the fancy is a lower faculty ; the true and spiritual devotion therefore , must be that which lies in the Will , and not in the Fancy : now , the varying of one thing into several shapes , is only a gratifying of Fancy : and all the devotion can be raised by such Chimes , is only sensible , whereas one of a deep and stedfast spirit , is equally affected with a thing , though still in the same dress . Since then , for instance , our petition for pardon of sin , is fully comprized in this , have mercy upon me , O God , doth it not shew , that the thing , and not the words , affect him , who with the newnesse of affection , can make that prayer , though an hundred times repeated , at every return , new ? whereas he must have a lower minde , who needs a new phrase to renew his servour . And thus you see , it expresseth a more spiritual temper , to be able to worship God in simple and constant forms . N. I never thought to have heard the Liturgy-Worship called spiritual , and the conceived one , carnal . You that are Schollers make any thing of any thing with your Logick , but you will never make me think but our Ministers prayed by the Spirit . C. It needs but a very little knowledge of our selves , and none of Logick , to make you comprehend this : for , do you think , the heating of the fancy cannot make wicked men pray without the Spirit , as to appearance very spiritually ? Finally , words , and all the heat begot by words , gesture , voice , or phrases , or the like , are but a false fire in the natural powers of the Soul , which may well heat the brain , draw forth tears , seem to wring the heart ; and all this , is but a sensible fervour , which ( as the temper raised by musick ) amounts to nothing , but to a present tickling ; whereas the true devotion of the heart , is , an inward , still , humbling and melting thing , and so equable , that it is above these frisking fits of the fancy . And it is certain , to pray by the Spirit , must be the immediat work of the Spirit of Grace : Since then we see , that the praying in words depends most upon Memory , Fancy , Eloquence , Confidence and Custome ; he that abounds in these , is like to excel in it ; whereas one , defective in all these , so that he cannot pray in a variety of words , yet may understand interior prayer and spiritual converse with God , better than any other . N. This is new doctrine to me . And I cannot understand nor believe it . C. Consider then , that the sublimest way of prayer , is in the simplest acts : such as these ; thou art my God , and I am thine . And in such breathings , a devout minde will persist long , with great sweetnesse : and in this , God hath strangely shapt Religion , so that the highest strain of it , is , what the simplest minde can most easily reach . Nay , perhaps multiplicity doth lead out the minde from pure and still devotion . And thus extemporary prayer , cannot be called praying by the Spirit , except by spirit you understand the animal or natural spirits : for , if it be by the Spirit , it must be infallible , since all that is dictated by the Spirit of God is so : yet your people do not assert their prayers as such . Further , let one with a short-hand , follow that mans prayer , who you say prayes by the Spirit ; then , may not that prayer be read and used over again ? or , is the Spirit in the prayer so volatile , that it evaporats in the saying , and the prayer becomes carnal when it is repeated ? Finally , if praying by the Spirit , be a praying in new words , then only he that conceives the prayer , prayes by the Spirit : since they who hear and joyn with him , are tyed to his words . N. The words were dictated by the Spirit to him that conceives them . C. Then to the people it is not necessary , the words be new : since to them it is all one , if it were once dictated by the Spirit . But why do you not believe the prayer composed by the Church , to be of the Spirits dictating , as well as that of your Ministers ? And , since the people can joyn and pray by the Spirit , though the words be not of their framing ; why may not the Minister pray in the Spirit , though he use words framed by others ? All this shows how weak and ill grounded a notion , that of praying by the Spirit , in the sense you understand it , is . And it clearly appears , that the dresse of the prayer in words , and the life begot by them , is but sensible and low . N. But doth not the Spirit help our infirmities , and teach us to pray ? C. If you consider the words aright , they speak out a thing very far different from what you would draw from them . The Spirit teacheth us to pray , for what we ought , that is the matter of our prayers ; and as we ought , that is the manner , to wit , the temper of our hearts . For , that words are not meant , appears from what follows , and maketh intercession for us with groannings that cannot be uttered : or literally , which cannot be worded . N. But though the renewing of words were a lower way of devotion ; yet , we in this inbodied state , need to have our souls stirred up by the commotion of our fancies . C. Then at least , this must convince you , that such a way of praying , is not so sublime , and therefore ought not to be called praying by the Spirit . And you must acknowledge , such as can worship God devoutly in a set Form , to be of a higher size : as being above these gratifications of nature and fancy . I will next convince you of the evil of extemporary forms . In such then , I must long exercise my attention to consider what he who prayes , intends ; that I may judge , whether I can joyn with him or not : Now this strangely draweth out the minde from devotion : for , two powers of the Soul cannot be vigourously acted at one time . The attention therefore must put great stops to the progresse of the devotion : and the mind being so prone to wander in Worship ; this opens a wide door to it . But he who knoweth already what the prayer is , runs along in his devotion , without anxiety , or wavering . Hence I have heard devout men say , they were ever much troubled , while they joyned in extemporary Worship , to keep their minde from distraction ; which they found wholly remedied , when they were where God was worshipped in set Forms . N. What sort of devout men could these be ? sure they knew not what devotion meant . C. This is like all weak people , to censure what is above them , and they do not understand . But judge whether it be fit , I blindly join with one in the worship of God , when I know not how he is to mannage it : and you cannot deny , some may pray things you dare not join in . Shall I not trust a man in any matter , without understanding how he will discharge it ? only in my devotions to God I will blindly trust so great a concernment , to one who saith he doth not know how he will mannage it himself . It is not enough to say , you join not in these things to which you cannot say Amen ; for , at least to others you seem so to do . And this will keep you still in some anxiety , when in your heart you may say Amen , and when not : and indeed this way of praying , was the best could have been devised , for spreading of errour , or sedition : for Ministers prayed over their Sermons ; so that what in the discouse seemed the words of man , in the prayer was called the dictate of the Spirit . And this was an excellent device , to make all go down , had it been of the worst stuff . N. All things may be abused , but by your own rule , this should not strike against their use . C. Things of themselves good , falling into abuse , ought not for that to be taken away ; except the abuse be greater than the goodness of the thing : but , if a thing , not of it self good , be grossly abused , then there is ground to change the use of it . Now , since we speak of abuses , I might run out in a long career , and tell of the redious length , the scurrilous expressions , the involved periods , the petulant and wanton affectations , and other great abuses in extemporary prayer : with which , no doubt , you your self hath been often much troubled ; but I bear that tender respect to every thing that hath any relation to God's service , that I love not so to scoff at any thing looks that way : But you know these are sad truths . Whether then , Is it not necessary to redress these abuses by a regular form ? N. You know we had a Directory of the things we should pray for . C. And why may not you have a Directory for words , as well as things ? since the Spirit rather helps in things than in words . But it was clear you brought up that Directory meerly to cozen the world ; which otherwise might have been startled , to have seen you without all form , or rule for Worship : for , even your Leaders quickly wearied of it , and regarded it not . And one thing clearly followed , that the Preaching was the great matter of the Worship : all the Prayers and Psalms relating to it . But the constant acts , wherein the Church should adore God , were thought too homely . To conclude , the least evil of extemporary forms , is , that a Minister is ready to pour out his soul to God , in such devotions as are then most in his own spirit : Suppose he be mourning for sin , under affliction , rejoicing in God , or the like ; he is apt to pray in these strains . But these being his private exercises , are not fit for publick Worship , which , as it ought to be grave and solemn ; so , it should be general and comprehensive . N. I see you are for set-forms : but what reason have you for them ? Sure the Apostles used them not . C. You are not so sure as you imagine , for I cannot doubt but they used our Saviours Prayer , he taught them ; for whereas , at first , in his Sermon on the Mount , he had given it as a pattern of Prayer , they afterwards , as is clear by the series of the Gospel , came and asked a form of him , as St. Iohn had given his Disciples : and then he doth not say , as he formerly said , After this manner pray , but when you pray , which clearly sheweth , he intended it as a practice , as well as a pattern . Nay further , the Jews at that time had a Liturgy , and their hours of Prayer , which our Saviour never reproves , as a formal thing : but , on the contrary , he takes his Prayer , word for word , out of it , as may be seen , if you will read their Liturgy . And this shews how foolish that exception against the Liturgy of England is , that some of its prayers are translated out of the Roman Missall or Breviary . But though the Apostles and persons immediatly inspired , might pour out extemporary prayers , thence it will not follow , that every one may assume the same liberty . Beside , you see by the Worship of the Corinthians , they used Hymnes of their composing , as well as Prayers : Now I could never comprehend why you will allow the Spirit to be restrained in praising , as to words , and not in praying , since both are duties equally spiritual ; nay , perhaps praising , is the most sublime of the two . N. Because the Plalms are a collection of praises dictated by the Spirit of God for Worship . C. This is all you can say upon the matter , but never were more absurdities crouded in less bounds . And first , it is clear , we may worship in the Spirit , and yet be restrained as to words ; since you acknowledge God hath done it in praising . Next , the Psalms are full of acts that are prayers , as well as thanksgivings ; why may we not use these for constant prayers , as well as the other for constant praises ? Nay , since we use to sing these prayers , why may we not for instance use the 51. Psalm , in plain words , with a plain voice , as prayer , as well as in hobling ryme , with a Tune ? Sure you will find no difference in this , since you cannot say we are bound to use the Psalms in Meeter , or with Tunes : for nothing proves we ought to use them with vocal Tunes , but will conclude as strongly for all Davids Instruments . Besides , who told you that all David's Psalms were to be constantly used in Worship ? It is clear , most of them was not intended for constant use : they relating to particulars of David's History and Victories , which belongs not to us . And it is hard to say , we ought to sing his imprecatory Psalms : As also , many things are in the Psalms which we cannot sing , because we do not understand them : And it is clear , we ought to praise God with our understandings ; and not above twenty of the Psalms were used by the Jews in Worship . To conclude , why may not the Christian Church compose new Hymns , as they of Corinth did ? for which they are approven by St. Paul. And this is the more necessary , because from David's Psalms , we are not furnished with such full and clear Hymns , upon the great Mysteries of the Christian Belief , as were needful . And what kind of reasons can you have , who plead so much for a liberty in Prayer , and yet allow none in making of Hymns ? Why then do not ye use the Glory to the Father ? N. Because it is not in the Scripture , and is but a device of men . C. Who would not be sick with such pitiful folly ? Show me a reason why you may make prayers , and not praises ? Beside , are not your Meeter Psalms a device of men ? And they recede from the Text , as I can trace it in an hundred places , as much as the Doxology doth from Scripture words . And you understand Musick little , if you do not know that the Psalms in Prose may be sung as well , and as Musically , as they can be in Ryme . Besides , since the Mystery of the S.S. Trinity , is not so clearly in the Old Testament , nor in any Psalm , why may not the Church use an acknowledgement of it , in the end of their singing , as well as in the end of prayer , is ordinarily said , To the Father , Son , and Holy Ghost , be glory for ever and ever ? Such childish weakness makes me sometimes doubt whether your rational faculties be not troubled : since what difference can you pretend betwixt singing and saying ? But I will return to Prayer . Consider next , how Hosea the Prophet prescribes a form , when he saith , take with you words , and say , &c. Our Saviour also prayed thrice , and though the third time was more fervently , yet it was in the same words : which shows , that fervour consisteth not in a varying of the phrase Next , it is clear , that in the Church they used forms very early ; since in the Council of Laodicea , it was decreed , that the same Liturgy of Prayer should be used morning and evening . It● is true , there was not an universal Liturgy then agreed to , but Bishops had their several Liturgies : So we have the Liturgies of St. Basile ▪ St. Chrysostome , and St. Ambrose ; not to mention those of St. Iames , and St. Mark. But never were extemporary heats used in the Church : and all the Reformed Churches have their Liturgies ; so we had ours at our first Reformation . N. But we are a purer Church than any of them : and therefore we are not to learn of them . C. I know you were made believe , that all the world were wondring at you , but this was a cheat upon you , like that of your alledged Prophetess ; for , I can assure you , there was no such thing true . One thing is strangely inconsequential amongst you , you will not pray in a Liturgy , and yet you alwayes bless the people in a set form . Do you think prayer for a blessing , is not a prayer ? Or do you think , the spirit is not stinted when the form is short , but only when it is long ? Sure these things shew you are not governed by reason . N. What then conclude you from all this ; is it that the English Liturgy be brought in ? C. It is , that you consider better how you ought to worship God. As for the English Liturgy , I do not say any thing is absolutely perfect , but God ; yet till I see a better Liturgy compiled , which I never hitherto did , pardon me to think it an excellent rule for Worship , although your deep , but groundless prejudices against it , have rendred you so uncapable of receiving good by it , that such is your Soveraign's Princely tenderness , and your Superiours discreet prudence , that they do not obtrude on you while you are but babes this stronger food , but are willing to let you be doing with your milk . N. This is easie way for men to read their Prayers off their Books ; God keep us long from it . C. Truly , if by easiness , you mean what is pleasant to a man , it is far from it ; for certainly the natural man would be much better pleased , to be running out with his own conceptions , and to have all the Worship depending upon his lips this is indeed to be Rabbi . But to use the form of the Church is a more simple , and a more humble way of Worship . N. I begin to think you can have no piety , who are so in love with that dead and dull Worship . C. Would to God you and I had more of it than we have : but it is perhaps your stupidity , that makes you dead and dull in it . And I know godly people , who protest , they never in their lives worshipped God with more pure and simple devotion , than when they joined in the English Liturgy-worship : therefore in such matters speak more modestly . N. But what vain repetitions are in the Liturgy ? how often redouble they , Lord have mercy upon us ? C. I have not yet asserted , that it is in all things perfect ; but truly , I can think that no fault , except you will also quarrel with the Psalms , particularly with the 136. in which is repeated 26. times , for his mercy endureth for ever , it being in every verse . But in the true sense of vain repetitions , I fear there is ground to say , many of ●our prayers may be censured for them . N. But what a confusion is it , that all say some of the prayers together , and use Amen ? C. It seems you have read the Scripture well , else you would have found , Acts 4. how a whole company there , lifted up their voice to God with one accord , and said , &c. And St. Paul plainly intimates that there was a custome of saying Amen , at the giving of thanks . Why then do you not in this follow the express Scripture-rule ? And what imaginable ground is there that the people shall all with their voice join in the Psalms , and not also in the Prayers ? N. Well , I see you are zealous for that Service-book , but should you speak till to morrow , you should never perswade me to join in it : but are you as keen for the Ceremonies ? C. I verily believe , your prejudice against it , though ill grounded , yet is so deep , that no reason will overthrow it : but perhaps , if you saw that worship gravely managed , you should be more reconciled to it . As for the Ceremonies , I will medle with none , but such as were commanded here , well known by the name of the five Articles of Perth . And for these , if you can hear ●nd understand reason , I doubt not to convince ●ou , they were both lawful , and most of them ●oth useful and necessary . I begin with confirmation . N. Well , is not this a Popish Sacrament which you would bring into the Church ? C. I confess , if it had been introduced as a Sacrament , you had reason to except against it but you know no such thing was ascribed to it , and it was only designed for a solemn renovation of the Baptismal Vow . Now since Children are baptized , and so in Baptism do not ingage fo● themselves ; can any thing be more rational , than that when they come to the years of discretion , they do it themselves ? And this Rite wa● very ancient in the Church , and with great show of reason , the laying on of hands mentioned wit● Baptisms , Heb. 6. was expounded of it : and yo● know most Reformers were for it . N. But why must it be done only by a Bishop ▪ as if it were beyond Baptism ? C. That was only to conciliat the more veneration for it , by making it the more solemn and therefore it hath been generally appropriated to the Bishop . Yet I shall not contend about that , since St. Ambrose , or rather Hilary saith that in Egypt , the Presbyters in the Bishop's absence did confirm . And St. Ierom saith , that ● Bishop did nothing , except the Ordination , whic● a Presbyter did not likewise . The next Articl● was private Baptism . N. This was another piece of Popery , to mak● the Sacraments necessary to Salvation . C. It is rather gross Superstition , to confir● the Sacramental actions to the walls of a Church for it is the assembly of the faithful that makes ● Church . Our Saviour said , Where two or three are gathered together in my Name , I will be in the midst of them . As for the necessity of the Sacraments , none calls them simply necessary to Salvation ; but since they were commanded , they ought to be used , unless some more cogent reason stop the use of them , than is the want of a dedicated House . And who should expect , that they who are so much against reverence to Sacred Houses , should likewise be against private Sacraments ? As for Baptism , what a cruel thing is it , to oblidge Children ; especially when they are tender , to be brought , perhaps in the coldest season , many miles , rather than go and Baptize at their Houses ? this looks liker Heathenish barbarity , than the Christian tenderness . And for Communion , why should not sick persons receive on death-bed , when all the reasons of receiving are most strong ? Their faith and love needs then to be most quickened ; Never is the death of Christ more to be remembred , than when they are to pass through the valley and shadow of death ; and never is it more fit , that they declare their Communion with the Church , and their love to the Brethren , than when they are entering upon their last pangs : And it is well known how early a practice this was in the Church of God. Iustin Martyr tells , that they sent of the Eucharist to them that were absent : and by the famous Story of Serapion , about the 200. year , it is apparent how necessary the Christians then thought it was to be guarded with this holy Viaticum . Private Sacraments then are not proposed as necessary , but as highly expedient : which I think I have made appear they are . N. But what can you say for kneeling in receiving ? sure this looks like Superstition and Idolatry . C. I confess this is the Article of them all , I have the least fondness on : but it is great uncharitableness to call it Idolatry , when such as do so , declare they neither believe Christ to be corporally present , nor do they intend any Worship to the Bread and Wine , but direct their worship to God and Christ , for that death which is therein shewed forth . N. But why do not you sit ? since our Saviour did institute this rite in the Table-gesture ? C. Since you do not exactly follow Christ , you ought not to stand at this : none therefore should alledge this , but such as Communicat leaning , and after supper , and in an upper Room . And though the Passover was ordained to be eaten by the Jews standing with their loins girt , and their shooes on their feet , yet without any written warrand , they changed that posture into the ordinary eating posture , and did eat the Passover leaning , in which our Saviour conformed to them . And if the Jews , against an expresse● precept , without any countermand , may chang● the posture ; sure the Christians who are lesse restrained as to outwards , may change the gesture● especially there being no command for it : and but a lame example , since our Saviour did not sit , but lean . And perhaps more veneration is due to that action , now that our Saviour is exalted , than he could have allowed of in his humiliation . N. What can you say for holy dayes ? can any man make dayes holy ? C. If by holy dayes you mean , portions of time so sacred , that in these dayes , our services are more acceptable to God than on other dayes ; or that of their own nature they are holy , so that of it self it is a sin not to be particularly devout on these dayes , you have reason to say , none can make a day holy . And this was never asserted . But it is another thing to keep peculiar dayes of thanksgiving , for the great and signal mercies of the Gospel-dispensation . I confesse I am so dull , as not to be able to apprehend what evil can be in such customs . And it is undoubted , that in all ages and places of the Church , Christians have had a peculiar veneration for these Dayes . St. Paul saith of the legall holy Dayes , he that regardeth a day , to the Lord he doth regard it ; And , if Moses his Feasts might have been kept holy to the Lord , much more may these be which the Church hath instituted . Beside , you know the observation of Easter and Pentecost , are according to clear History derived from Apostolical practices . And it appears , St. Paul hasted to be at Ierusalem to keep the feast of Pentecost there . And , from all this I may assume , that your dislike of these Festivals and the other Articles of Perth , is ill grounded . DIALOGUE VI. N. I See we have no reason to hope for any good from you , who are so fierce against u● ▪ ●u● God be thanked , an ill-willed Cow hath fro●●●orns . C. If by fiercenesse you mean a desire to see you ●uined and destroyed , you mistake me quite ; since there is none living , mo●● a verse from fierce and violent ●ourses than my self . I love all Christians , who live according to the rules of the Gospel ▪ And I pity such as I judge mistaken , knowing how subject I am to errour my self . I quarrel with no man for his opinion in these matters ▪ which are , as the 〈◊〉 incomp●rable King in his divine work call● them , But the Ski●● and Suburbs of Religion . And as all the thoughts of that divine Book bew●ay an augustnesse , which spe●ks the Author a King indeed ▪ so his mode●a●ion in these matters looks like the paternal clemency which becomes the Father of a Countrey ; he then adviseth his Son , our Gracious Sovereign , thus , Beware of exasperating any Factio●s , by the crossnesse and asperity of some men● passions , humours , or private opinions , imployed by you , grounded only upon the differences in lesse● matters , which are but the Ski●s and Suburb● of Religion : wherein a charitable connivance● and Christian-●oller●tion often dissipa●● their strength , wh●●●ougher opposition fortifies ; and puts the despised and oppressed party into such combinations , as may most enable them to get a full revenge on those they count their persecutors , who are commonly assisted by that Vulgar commiseration which attends all that are said to suffer under the notion of Religion . And a little after , Take heed , that outward circumstances and formalities of Religion , devour not all , or the best incouragements of Learning , Industry , and Piety . Thus that Great and glorious Prince . N. By this it seems you are a Latitudinarian , and I have heard much ill of these new sort of people . C. Truly I own no name , but that of Jesus Christ , in which I was baptized ; and these are invidious Arts , to coyn names of parties , and to affix them on such as disown them ; I am , and desire to be a sincere Christian , but of no party nor Sect. But if by latitude , you mean charity , truly I must tell you , I glory in it , which is no newer way , than the new commandment which our Saviour gave to his Disciples , to love one another , as he loved them . N. I confesse they say you live very good lives , but you have dangerous and loose principles . C. Are you not strange people , who fasten such Characters on men whose conversations you cannot disprove ; for , what can you call an Atheist , but a man of dangerous and loose principles ? these are uncharitable aspersions , as if not to be so hidebound and starcht on every trifle as you are , were to be loose and dangerous men . N. Some say you are strong witted people , and so they suspect you of Atheism . C. It seems they are weak witted people who talk so ; since though some foolish pretenders to wit , are Atheists , yet no sort of men discover their folly , as well as wickednesse , so much as these do . And that cursed Pest is hated by none more than us , who perhaps can give better and more convincing accounts of these principles of Religion , that there is a God , a life to come , and that the Scriptures are the word of God , than these who so charge us . But what unchristian work is it , thus to disgrace us ? N. Many of you are suspect of Socinianism , for you all magnifie reason , and are often telling how rational a thing Christian Religion is , which they also do . C. Indeed if to call Religion a rational worship , or reasonable service make a Socinian , w● are such , and so was St. Paul : but as for the horrid errours of Socinus his School , touching th● Trinity , Christs satisfaction , Gods prescience , & ● ▪ these we condemn and Anathematize : and w● judge it most suitable to reason , that in these sublime Mysteries , Divine Revelations should b● our rule . But notwithstanding of this , we wi●● be very loath to deny that Christian Religio● both in its Articles of Belief , and Precepts ● Practice , is highly congruous to the dictates ● right reason : And we judge to propose them s● shall be a convincing way to commend them all clear-witted men . And certainly , God having created man rational , the highest accomplishment of his nature , which is Religion , must not be contrary , but suitable to his supreme faculty . N. It seems you are sound here , but I fear you Latitudinarians are Papists , at least Cassandrians . C. You are resolved to charge us with one heinous thing or another , and when one fails you , you catch hold on another . We are far from that height of uncharitablenesse which some of you own , of damning all Papists ; since they hold the foundation Jesus Christ , though they build upon it wood , hay and stubble : neither will we stifly say , that all things controverted betwixt the reformed Churches and them , are matters of Salvation ; yet in the greater controversies with them , we condemn them : such as are the Popes supremacy , the Churches infallibility , the Corporal presence , the worshipping Images , Saints , Angels , Purgatory , prayer for the Dead , withholding the Chalice , worshipping in an unknown tongue ; these with many moe we disprove and dislike as much , and perhaps on clearer grounds than you do . Yet we are such lovers of the unity of the Catholick Church , that we much honour and esteem all who have studied to bring things to a temper , though they have not come up to the desired length . N. But how comes it , that amongst all the Articles of Popery , you never reckon the merits of good works , nor Justification by them ; since these are their chiefest errours ? C. I have not given a full enumeration of all that is wrong in that Church ; but , for good works , though many of them , particularly the J●suits , have written very harshly in that matters ; and before the Reformation , generally all the Preachers did intollerably extol , not so much morally good works , as the superstitious and tyrannical injunctions of the Stepdame of Rome ; yet now it is clear , the more sober of them expound Merits , in a sense which no Protestant can disown , to wit , that they are actions so acceptable to God , that he who is faithfull in his promises , will certainly reward them . Though I have no fondnesse on the term Merit , which way soever expounded , it still sounds somewhat too high for a creature in reference to his Creator , much more heartily do I reject the term Condign . N. What ●ay you of Justification by faith only ? sure this is a fundamental matter . C. There is nothing in Scripture more clearly set down than the Doctrine of Justification ; but as it is generally explained , there is nothing more nice or subtill : Justification and condemnation are two opposite legal terms , relating to the Judgment shall be given out at the last day ; for though we are said to be now justified , as the unbelieving are said to be condemned already , this is only that we are now in the state of such as shall be solemnly justified or condemned . Now at ●he great Day we must give 〈◊〉 ●●ount of our actions , and we must be judged accordingly ▪ but since all must be condemned , if God enter in Judgement with them , therefore God gave his Son to the death for us , that thereby we might obtain ▪ Salvation ; and all Iudgement is by the ●●ther committed to the Son : And Jesus Christ hath proposed ●ife through his death to as many 〈◊〉 receive his Gospel , and live according ▪ ●o it . And as that which gives us ●●title to the ●●vour of God , is the blood of Christ , so that which gives us an interest in his death , is faith , with ● life conform to the rules of his Gospel , and the ●oo● of this new life , is a fai●h , which worke●h by love , purifyeth the heart , and ! overcom●●● the World ; and therefore Justification is ascribed ●o● it in Scripture . Now , judge but a little what 〈◊〉 is to have a righ● apprehension of things ▪ si●●e ● have in a few plain words told you ●hat which with much nice●y swells amongst you to Volume● ▪ And as this ascribes all to Christ , through● whom it is that our sins are pardoned , our services ●●cepted , and grace and glory conveyed to us● ▪ so also the necessity of a holy life is clearly declared ▪ as being that whereupon we shall be solemnity judged , justified and absolved at the last day . N. I think this is very clear , but why do not you use the terms of the Protestant● Church ? this looks like a humour of singularity amongst you , that you will not speak like other men . C. Whether do you think it fitter in the Mysteries of ●aith to keep close to ●●rms of Scripture or not ? since these , as they are the truest , so are the fittest and most expressive : but if we will speak in the language of men , I think the stile of the Catholick Church is to be chosen , rather than Modern and Scholastical expressions , which are too too horridly abused , as well by Antinomians , as by carnal Christians , who love well to hear of Salvation by the death of Christ , provided they be bound to do nothing themselves , that they may be saved . N. You have sufficiently vindicated your self of Popery , but are you not Arminians ? C. Truly I believe both you and I may be good Christians , and not understand a word of these controversies . And certainly the great itch of multiplying and canvassing subtile questions in matters of Religion , hath proven one of the chief pests of the Church ; it is good to be sober-minded . As for Gods Soveraignty in all things , but more especially in the conversion of souls , and the gracious influence of his Spirit , I do firmly believe it : I as firmly believe , that God is infinitly good and holy , and think I may well take his own Oath for it , that he takes no pleasure in the death of sinners : But how to reconcile these his Attributes , I confesse is beyond my capacity . God is an unfathomable Abysse , and imperscrutable to any but himself : therefore as I do not doubt there are Three persons in one God , though I cannot reconcile that to Aristotles Logick ; so I believe , God is Soveraign and absolute , as well as holy and just , though I cannot answer all objections . In a word , let this whole matter be thus transacted , and no article of faith is violated ; Let none of our good be ascribed to our selves , and none of our evil be imputed to God. N. I see if you have any errours , you have so much Legerdemain , that you are not easily discovered . But , our Ministers are more jealous of some of this new way of the latitude , than of any body ; for , often in our Conventicles they bid us beware of Wolves in sheeps cloathing : and this is meant of you . C. Iudge of the tree by its fruits , said our Saviour ; Do not therefore upon jealousies and misrepresentations passe judgments ; for , who art thou that judgest another mans servant ? But I am now weary with wrangling , it being a thing much against my Genius ; I will therefore leave these dry and arid matters , and talk a little with you on better Subjects . N. I will hear you in these with all my heart ; for though you have said many things that do much displease me , yet as uncharitable as you think me , I am full of kindness for you ; and I love to hear good spoken by any body : therefore we will dispute no more . C. Ah , how strangely is the world mistaken in matters of Religion ! Some placing it wholly in debates , others in external forms ; others in some private devotions , and others in a regulation of the outward man ; but true Religion is power and life , and far above all these shadows . The Kingdom of God is not meat and drink , but righteousness and peace , and joy in the holy Ghost ; it doth not level at externals only , but secretly insinuats it self into the Soul ; whereas a divine seed it propagates , diffusing its vertue through the whole man : In a word , Religion was given of God to transform a man into the Divine likeness , and to a real participation of the Divine Nature . N. What then is the great scope and design of Christian Religion ? C. God's method in clearing up this day of Salvation was indeed wonderful : many ages after the Creation , the world was overspread with darkness , and wrapped up in blind Idolatry , only as the 〈◊〉 reflection of the Moon , with the twinklings of a few Stars , do give some radiance in the furthest absence of the Sun , so these darkest ages had still some of the remains of Natures light ; and the holy Patriarchs were burning and ●hi●ing lights : but darkness still covered the face of the earth . At length there was a dawning ●p●●ed by Moses , whose greatest splendor was c●ast upon it , by the approaching Sun , the Messia●s : Indeed the old dispensation was a great ●idd● for all was managed then with great ●errour , po●p and state : their call out of Egypt , and the pro●ulging of the Law were dreadfu● , their Temple , Worship and Ceremonies were Majesti●k and Solemn ; but by none of these the doer could be made perfect : At length came the Sun of Righteousness , as a light to lighten the Gentiles , and the glory of his people Israel , and brought to light life and mortality through his Gospel ; the great designs whereof are , to beget in a man such apprehensions of the Divine Majesty as might both possess him with the holy reveren●● becomes his great Name , and inspire him with a love and delight in him , that so man might be brought to a more free converse with God , and might be swallowed up in divine contemplations . The next thing in the Gospel , is to propose to us that stupendious contrivance of the redemption of the World through Jesus Christ , that we may adore him as the author and finisher of our faith . Beside , the Gospel came to mould us into such a lively conformity to Jesus Christ , that we may imitate him in all things , chiefly in his holiness , meekness , and humility : And further , the Gospel was designed as a cement and bond of perfection , to unite us all more clossly , even beyond the natural tyes , with those of brotherly-kindness and charity . N. What then are the methods to be used by one that would lead a spiritual life ? C. This ought to be the great design of our lives ; for , wherein shall it avail us , if we shall gain the whole world , and lose our own souls ? The way then to purify our souls , is , not barely to affect a little vertue , or morality , but to apply our minds to God , that by frequent and deep contemplations of his glory , his excellent perfections may be derived into our souls . Be therefore much in stillness and abstraction of mind , that you may become of a thinking temper : give up with passions , designs , and humours , and use much inward recollection ; this at first will prove ●inful to you , but when once you have brought your mind into a serene and not easily agitated temper , you shall after that enjoy great quiet in divine converse . N. What mean you by this converse with God ? C. You shall feel such a belief and sense of the divine perfections in your soul , as shall make the thoughts of God familiar and easie to you : your converse with him shall not only consist in prayers , and acts of worship , but you shall be often admiring him in his Attributes of Power , Wisdom , and Goodness , and chiefly his Love to you in Christ ; which sense of God shall be as a fountain of living waters , ever jetting up divine thoughts into your mind : And these will not be crabbed , curious , or subtill speculations , but humble adorations , and divine imbraces , in such acts , as , Thou art my God , my good God , I am thine , I will love thee above all things , and none but thee ; thou art my joy and only delight . Thus the more you converse with God , your acts will grow the simpler and the purer : it will not only be at some returns , morning or evening , or in publick Worship , that such thoughts will stir in you ; but your heart will be full of them , and swiming in them , and they will rise natively in you . Hence will gush in upon your soul much inward sweetness of mind ; you will be ever well pleased , because you will see God in all things , and you will see all he doth is good ; you will therefore not only practise submission , but complacency and delight in all his wayes ; you will also rejoyce in the Divine Attributes , and glory in your interest in Heaven . Oh , how sweet will your hours then grow to you ! But debates and opinions and every thing that leads out the mind from that inward stillness , will become sapless to you . N. Wherein consists that sweetness you say is to be found in divine converse ? C. In the stillness wherewith the mind is overflowed , the clearness in the judgement , the stedfastness of the will , and calmness of the passions ; and then indeed a man lives in the perfection of his nature . But , beside these , there are some divine touches , wherein the soul is carried , as it were , out of her self , into most sublime heights , which cannot be uttered . But as for the affections of the sensible part , these may be very high in an impure mind ; for the natural devotion , especially if the person be Melancholick , a woman , or histerical , will mount very high , but this devotion doth not humble nor purify the minde . Now , persons so divinly acted , are nothing in their own eyes , and willing to be nothing in the account of all the world , and all the world is nothing to them , their God is their all : they resign all to him , and are willing he dispose of them , and every thing else , as seems good in his eyes ; so they are not sollicitous , nor disturbed , however squares go in the world . Finally , by the Elevation of this spiritual life , they are made to think not only placidly and serenly of death , but to long for it , accounting that the worst office death can do them , is to free them of a vile body , and to give them enterance into their heavenly Kingdom , this is the union of the Soul to God. N. But how must we enter into that state of divine union ? C. Truly the gate is low , and the passage strait , we must be dispossessed of self-love , and of all intense affections to created objects ; we must ●now and abhor our bygone escapes , we must by the humble applications of our souls to Jesus Christ , presse in by violence into this heavenly state ▪ to which the passage is so narrow , that we must be stript of all the bulksome farthingales and trains of vanity ere we can enter : but when we shall be divested of these , the path of life will prove easie . Oh! how shall these pangs be recompensed , when we have broke thorow , and got into the blessed shades of the Garden of God ? And , how infinitely more shall they be swallowed up , when getting beyond the dark regions of Mortality , we shall arrive at the uncreated light , which without a cloud or vail , shines above ? Then our glorified bodies , with our no lesse purified Souls , being made like unto Angels , yea , unto a greater than Angels , shall be incessantly imployed in exercises , services and adorations , so far elevated beyond , and disproportioned to our highest a●chievements and enjoyments here , that in this imperfect state we cannot so much as frame suitable apprehensions of that unconceived Glory ! Now we who have the possession of so great a joy , and the hope of a greater blesse●nesse proposed to us , have we not all reason vigorously to set about the duties of a Christian life , not intangling our selves with thorny and harsh debates , which will but retard our progresse to sublimer states , and higher and undisturbed Regions ? N. Is this all then that is required to accomplish a Christian ? C. This is but the Basis and roo● of a Christian life , which is never barren nor unfruitfull : he then whose heart is thus fixed on God , his life and actions quickly declare that he hath not only the form but the power of Godlinesse in him : he lives above the world , in such a contempt of it , as discovers he hath greater riches and treasures in his design , than these a●e ; he hates the base and impure pollutions that abound in the world through lust , and underva●●●eth even the lawfull pleasures and enjoyments off sense : he sets no value on things in themselves , riches and poverty , shame and contemp●a●e equally welcome to him , the one doth not sink him , nor can the other swell him : his actions and discourses have that candor , ingenuity and goodness in them , as convince all , that the fear of God is before his eyes . Finally , he li●es in the world , as out of the world , and above the world ▪ His humility also testifieth , that in no●hing the doth , he seeks or regards himself ; he doth not hang out his piety nor good actions to publick view , but wraps them up in unaffected self-denial . He courts not applause , nor is he fretted with contempt , but is willing that none but God , for whom he doth all , know his actions , and with a virginal modesty shuns and rejects the praises which are undesired , as well as undeserved : he flyes the crouds and publick scenes , that in corners he may find that which by venting in a throng , is often evaporat and lost . And as he doth not cowardly stoop to mean things , so he doth not stubbornly refuse the poorest office God calls him to : he peaceably obeyeth the publick Father of his Countrey , and the Ghostly Fathers of his Soul : he undervalueth none but himself , neither are his ears pained with applauses given to others , nor itching for them to himself . His charity also appeareth in his readiness to do good to all men , looking on that as one of the greatest conformities to the Divine Nature : He relieveth the poor with his Goods , the perplexed with his Advice , the oppressed with his Assistance , the disconsolat with his Sympathy ; and all with his Prayers . He judgeth rashly of none , he doth not easily believe , but quickly pardoneth an injury : he is not soon irritated , but readily pacified : he confineth not his charity to a party , but extendeth it to all Christians . This is a rude Character , containing some of the fairer Lines of a Christian-life ; by which you may see wherein Christian Religion consists , and how far even those who pretend most loudly to it , recede from it . N. What say you of his Devotions , both private and publick ? C. In his secret retirements he often revieweth and examineth his actions , that discovering what hath been defective and amiss in him , he may be humbled for it , and quickened to new vigour and alacrity in Divine Services : he begs the divine love through Jesus Christ , by whom he makes all his addresses to the Throne of Grace ; he offers up himself to God by pure and free resignations , that he may dispose of him as pleaseth him ; he imploreth the Divine Grace , and assistance for mortifying all sins , overcoming all temptations , and advancing in every thing that is acceptable and well-pleasing to God : he also offers up his praises to God for all his mercies , chiefly for that unvaluable one of the Redemption of the world through Jesus Christ : he prayeth also for the Catholick Church , his King , Countrey , and Friends . This he performs not as an homage or vassalage which he must do , but out of pure delight in God and Divine exercises : neither doth he rest on these , as all he owes God ; but besides , he orders all he doth for his Glory , and is often bending his minde to an application to God in all his wayes : And this is his secret and inward devotion . He worships God in publick , that he may avowedly own his dependance on him , and his union with his Church : he goeth to the holy place , not out of custome or formality , but that he may jointly with others , acknowledge and adore his Maker and his Redeemer ; and gives no● only an external concurrence with the Worship in Voice , Gesture , or Presence , but his hear● saith Amen to his lips and profession . N. I confesse I finde it much more pleasing and edifying to talk on these heads , than on ou● doubtful disputations ; and therefore I will bi● an endlesse farewell to them . C. I was to have desired that of you : fo● though my affection to you hath at presen● drawn from me a great deal of contentious discourse ; yet I finde no pleasure in it ; and therefore as I seldom in my thoughts remind● these matters , so here I put a point , and wil● never resume them again . Let us therefore provoke one another to Charity and good Works ● We have a better exercise for our tongues , wit● them we are to blesse God even the Father ; le● us not therefore utter any thing with them that may seem to curse man , that was made after the similitude of God. N. Yet your pains are not wholly lost : fo● though I am not altogether changed as to 〈◊〉 Principles ; yet you have brought me to a grea● temper in things wherein I must confesse I wa● unmeasuredly furious : but I will henceforth study to draw in my minde from every distraction , and more vigorously pursue the great en● of my Being . C. If this be your temper , you and I cannot disagree , did our thoughts , as to other things , differ never so widly : And I pray God keep you and me both in this temper long , but now we must part for a while , it is like we may shortly meet again , if not on earth , at least in heaven : So I bid you heartily adiew . POSTSCRIPT . THese Dialogues were the hasty product of some idle hours , wherein the Author thought fit to gather in a few words , the matters which now creat us so much trouble , and to represent the Arguments of both parties candidly ; which he hopes he hath done . He protests he hath no design to wrong either party or person , but meerly to propose these matters to others , in the same light wherein they appear to himself : had his design been to disgrace persons or wayes , he would have done it at another rate ; but he abhorreth such a thought . If these papers grow publick , and be of use to any , he desires no thanks as he expects no rewards : and for the Censures of persons concerned , he will shroud himself from these with the vail of one unconcerned . FINIS . A PINDARICK ODE Upon Contentions in matters of Religion , by a friend of the Authors , and a zealous promoter of all designs for Peace and Love. I. SHall that which was design'd to end our toils , Increase our flames , and raise new broils ; And must we triumph in our Brethrens spoils ? Women are said by contraries to walk , So now Religion which Heaven intends To quiet minds , all hearts to quarrel bends ; And to contentious talk . And as the feuds of Brethren hottest are , ( Where concords ought to be , there harshest proves the jarr ) So Nations Christned into unity , And twisted in fraternal tyes , Yet do these Sacred bonds despise : And the endearing names of Brethren all bely . II. Great were disorders which at Babel sprang , Each did his Mothers Tongue forget ; Brother to Brother spake a stranger Dialect , And new coin'd words only the ear did wound . In vain it was to speak , and all grew mutes , And man seem'd to descend to rank of bruits . The Gospel came to heal this breach , And Canaans hallowed stile mankind did teach : At first all seem'd made of a piece ; One heart and soul them did inspire , Free was the peaceful company from warlike ire , When charity was all their fire . The Heavenly dew still moistened the fleece . While they sought only how to propagate their kind , ' Midst all their Hymns no discord could one find . But when the wretched Arts of Humane Policy , Mingled with primitive integrity , They by unhallowed tools began to build Their fabriques , and by Laws of State Religion did adulterate . Then did incensed Heavens 'gainst them rage , And put an early period to the golden age : All in disorder ravel'd out , The Church grew a tumultuous rout . And all with cloven Tongues did speak : Fierce wrath prevail'd , and Gospel force grew weak ▪ And all its harmony died in a groan : Oh strange ! even Paradise becomes a to●ride Zone . III. Iesus blest names were not their only stiles , They left his Standart , and were rang'd in files , Vnder the Banners of dividing names , And quench't in angry heats were divine flames , Some quarel'd only about doubtful words , But to decide the matter , used swords : Others 'bout Logick niceties did contend , Yet such poor stuff put to their love an end : And while some plea'd the practice of small forms , Did their unformal pleas occasion storms . Wondrous Metamorphose ! St. James counts lust the source of Warre , But now Religion proves the cause of jarre . Inverted Chymistry ! Which turns the Gold to base allay . Must Rome be damn'd as Antichrist , Because it to unerring Chair pretends ; And forth as Oracles its dictates sends ? While each 'mong us to that height raise their creast , And do expect that all to them submit , Conceiting that to errour proof's their wit. But once a Woman did usurp that Chair , That stain wipe off could never any care : Yet now 'gainst us that Sex conspires , And to our Crown with insolence aspires . Each Dame a Sybill grows , and doth refuse To stoop to wisest sort , and our just yoke abuse . The names of factions are infus'd In harmless infancy , which early thus abus'd , Retains the venome it from breast derives , All roads are block't by which the truth arrives , Fond prejudice doth so bemist , Trepaning custome doth so twist Their minds to errour , that it vain And bootless labour proves them to regain . IV. Disputing is as Oyl to raging flame ; They glory in their sufferings pompous name , And by resisting do increase their fame . All gentleness they think a cheat , And dread the enemy most when he doth treat . God bless me , what disease is this , Whose cure all Medicines do miss ! They 'r wanton if we cordials use , Sure , goodness they abuse ; Or if to abate the feverish heat , Some noisome blood we would let out ; Then grows the madness of the frantick rout . If fines as Medicines their bowels drain , Then they aloud of grinding do complain . This strange distemper doth all skill defy ▪ Physicians hopes still falsify . But as a joynt which Gangrene doth corrupt , Must be cut off from the sound lump● Better the body grow a stump , Than by such members bankerrupt . Yet often doth this Hydra multiply When cropt , one head to seven will fructify . Or as a tree which with new force doth spring , When lopt by pruner is its over spreading wing ; So doth this poysonous Weed still further spread , And as the Camomine , grow the more it's tread . The Cockle still with Wheat will blend , Till winnowing flames to mixture put an end . Good Grains with Tares may chance to be pull'd up , Delay their doom till brimfull be their cup. Then chaffed justice shall the chaff devour , And Angel-reapers bring the just to Heavens floor . FINIS . A continuation of the former Conference . DIALOGUE VII . C. I Am heartily glad of this opportunity of meeting with you again , and will be more glad to find our last Conference producing the effect design'd by it ; which was to beget in you a true sense of Religion , that you may walk worthy of your high and holy calling ; for , I can have no greater joy than to see you walking in the truth . N. I thank you for being so concerned in the welfare of my Soul : and , by the grace of God , I shall make it my daily work to be perfecting holinesse in his fear : But , I must be on my guard when I converse with you ; since you publish our private discourses , which I do not take kindly ; for , you take advantage from my weakness , and , by running me down , make the whole party suffer . C. The true reason why I consented to the publishing of our Conference ( for I candidly assure you , I did no more but give my consent to him , who , being pleased with the written account of it , desired to make it publick ) was , since I thought I had allayed a great deal of the heat I met with in you upon these matters , I presumed it might produce the like good effect in others . If in any thing I seem to take too great advantage against you , it is with reason : neither is it an humour of drolling or insulting , that makes me sometimes a little pleasant ; since in all Dialogues you will find the transitions sweetned with somewhat of that , even when the gravest matters are treated of . N. Some charge you with Socinianism , others with Popery , others with Arminianism , and others with Quakerism . I confesse their grounds seem'd to me , very slender , but they say it is very clear , and tell their followers to shun you as a pest . C. God forgive their malice , I pray God it be not laid to their charge at the last day , that they so falsly and injuriously reproach me . I know the Arts of some well , they will tell their people that we are unsound and Heterodox , and back their hard words with grave nods and wry faces ; and the poor people , too inured to implicit faith , give an undoubted credit to what they say : But do they understand things , who charge a man with Socinianism , who believeth that Christ is the eternal Son of God , and hopes for salvation only through his blood ? and they are as well versed in Popery , who charge me with it ; for , can he be heretical in Justification , who ascribes all we receive in this life and in that to come , to the love and grace of God through Jesus Christ ? And you know all that Calvin and his followers aim at in the matter of Arminius his points , is , that all ou● good be ascribed to God : how then can he be erroneous in this matter , who asserts that ? But as for Quakerism , the grounds on which they tax me of that , are so ridiculous , that I am ashamed to name them ; and , I assure you I am so far from inclining to Quakers , that I look on that Sect , as one of the subtillest devices yet broached for the overthrow of Christian Religion . But , if that spirit be not the womb , from whence all these Sects and errours have sprung amongst us , let all that look on , judge ; none falling to them in this Country but such as were formerly most violent in their way . And though I am sure , they are far enough from being Quakers , yet their principles have a natural tendency that way : whence , think you , have they suckt their rejecting of all forms and order ( under ● pretence that the Spirit is not to be prelimited ) but from your notions against Liturgies and for extemporany heats ? Next , the liberty you take to medle in matters too high for you , and judge of every thing , without thinking you are bound to reverence either the present or antient Church , ( I plead not for implicit faith ) opens a wide door for their pretensions to a liberty of the Spirit ; which at once renounceth all modesty and humility . Next , your humour of separation , begets that giddiness in people , that , no wonder , they , being shaken from the unity of the Church , also stagger through unbeleef . As also , many of you cherish in your followers a dejection of mind too much , as if Religion , which gives a man a right to the purest joyes , should become a life of doubting , and this introduceth a spirit of Melancholy , which clearly makes way to that pretended Enthusiasm . And thus you may see who are to be blamed for the progresse that way makes amongst us , you having prepared the people so to it . But still I assure you , though I cannot but see the faults , too many amongst you are guilty of , I am far from hating or despising you , God knowes I pity and love you with all my heart . N. But every one doth not judge so favourably of you ; in a word , you are called ● petulant profane and malicious person , and ● scoffer at true piety ; under a pretence of it labouring to defame the Cause and work o● God , which shall have a sweet savour to al● posterity , when your memory will rot : Yo● pretend to moderation , but art the most immoderat of any : this is the vulgar sense 〈◊〉 that Book , and of its concealed Author , who , they adde , doth well to conceal his name from such a work of darknesse . C. I hope you know my temper better , than to think these things will much move me : I will learn to live through good report and ill report , and am so far from being angry with those who thus traduce me , that if I knew how to do them a good office I would infallibly do it . Yea , if my heart deceive me not , I could die to do them service . I have no anger , God knoweth , at their persons nor their wayes , further than I think they are destructive of the unity of that body , whereof Christ is the head : and consequently obstruct the advancement of Religion . I alwayes classe them in two divisions , the one is , of such as are indeed differing from us in their opinion , but withall are sober and modest , not rash in their censures , nor bitter in their passions : and such I honour and love , and doubt not but there are grave and pious persons of that persuasion , whom I also honour the more , because of their first founder Calvin ( take not this as a jeer ; for , I assure you , the first being ever Presbytry had , was in Calvius brain . ) But others , besides their opinion in the matter of Church-government , are of foure tempers , condemning such as differ from them , judging all who are not as violent as themselves , placing Salvation in these matters , and thus confining their charity within the narrow circle of their own opinion : as for such , they get but their true name , when they are called Fanaticks , and though I will be loath to judge them as to the state of their souls ; yet , whatever good Christians they might prove in a Cell , or in a Desart , I assure you , they are not shap't for Societies ; their maximes being inconsistent with peace , order and unity : And they are as unfit to govern , as uncapable of being governed ; and , for these do not quarrel me , if I speak severly of them : but remember what one of your own deservedly esteemed Preachers sayeth ( it is like occasioned by the differences then , when they were forced to represse the insolence of the protesting Party ) on Iob 17. verse 10. Doct. 4. Albeit Godlinesse teach men modesty and sobriety , and to be tender of the reputation of others ; yet that doth not hinder them to tell men , what they are , when they are called to it in the defence of truth : and that they may give a check to their proud conceit of themselves : These words are so clear and comprehensive that they need no further explication , and serve as a compleat apology for any sharpnesse I might have used . I should indeed be very injurious to the Presbyterian party , did I charge them with all the humours and follies that are among you : the English Presbyterians are far beyond you in their moderation , as is notour to all that know them , and may appear from Mr. Baxter's Disputations on Church-government : yea , in the late treaty , all they desired , was , to be conjoined with the Bishops in the exercise of Discipline , which you refuse , though it be offered and pressed upon you . Next , before the late disorders , all the Presbyterians in Scotland , did fit in the Courts for Church-discipline , and why may you not as well do the like ? N. The odds is very great ; for , then Presbyteries stood by the Legal establishment ; the Act for them being still in force , which was rescinded at the restoration of Bishops , Anno 1662 : so that the old foundation being razed , they are no more Presbyteries . C. You may remember what I said to you at our fourth meeting upon this head : but one thing I must adde , which will surprize you , it is truly very strange how matters of fact are so confidently asserted , and so tamely believed , without consideration : you give it out to every body , that the law for Presbyteries , was in force till the year 1662. and this is in all your mouthes , and I confesse , I never doubted the matter of fact to be true , till of ●ate I was undeceived by a person of great honour , who shew me the Act Parliament 21. Iacob . ch . 1. where it is expresly said , annulling and rescinding the 114 Act of his Majesties Parliament , holden Anno 1592. and that is the Act which setled Presbytery ; and now , what can I think ? God forbid I suspect this of disingenuous forgery ; and yet perhaps , if you catched us in such a trip , it would be told us on our deafest ear ; but it cannot be denyed to be intolerable ignorance and supinnesse , to take such a matter upon ●rust ; and since you make this the chief ground why you differ from your Predecessors in this matter , how can you answer to God who have made a Schisme from the Church , without examining the grounds upon which you did it ? but I hope now that you see upon what sandy and slender foundations you have been building , you will consider your way better hereafter , and return into union with us : for I am still desirous and willing to hope well of you . N. Truly you are in the wrong to many of them , for few of them are so bitter against you as you seem to be against them : and I assure you they pray often for you , though you I doubt seldom pray for them . C. I tell you again and again , I have no quarrel with such of them as are calm and modest , only I regrate they are too few . As for the others love to us , wo should it be to you and me , if the love of God to us ( which ought to be our measure of love to the brethren ) did appear in such effects as theirs doth . If they pray for us , it is in the most invidious strain imaginable , that God would bring us down and destroy such of us as are incorrigible , and shew the rest of us the evil of our apostacy and defection : this you know is the universal strain of their prayers concerning us . But , how would they take it , if we should pray that God would destroy their party , and shew them the evil of their cruelty , rebellion and other wicked courses ? Now this is the true Character of an insolent , who takes a liberty with all the world , but cannot be touched himself . And you know , we alwayes pray , that God would unite this poor Church , and heal our breaches ; which shews the healing and peaceable spirit is on our side : Our prayers being such , that none can refuse to say Amen to them : And upon all occasions , we declare we are not only ready to unite with them , but are extreamly desirous of it . And if you will believe me , I assure you , I daily pray for them in this strain most cordially : whereas there is nothing they fear more than an accommodation ; nay , in their Books they directly own , that all that can be done , ought to be done for keeping life in our differences : and who could ever have expected to have heard this doctrine in the school of Christ ? And let all men judge , if there be not a bitternesse in the preface to Mr. Rhetorfort's letters , the Apologetical Narration , and Naphtali , which is unsampled in any Satire , not to say grave and Christian writing . And what cursed doctrine is it Naphthali broacheth concerning private persons their punishing of crimes in case of the supinnesse of the Magistrate ? for , ransack all the Provincial letters , Escobar or the other profane Casuists of that wicked school , you shall not find a more impious and detestable opinion among them ; and what cursed effects this produced , all the Nation saw : when in the sight of the Sun a vilain with a pistol invaded the persons of two of the Fathers of the Church , and that in the chief street of our royal City . And though the providence of God shielded the one totally from his fury , and preserved the life of the other , though with the losse of his arm , all shattered with the wound ; yet his malice was not to be blamed , for that asassinations were only wanting to compleet the parallel betwixt that spirit and the Iesuits , which is indeed the same spirit moving in different Characters . I do not charge the fact on that party , but acknowledge , I never spoke with one who did not express their abhorrency of it ; but , without all uncharitableness , I may charge it on the Author of Naphthali . N. But one thing ever sticks with me : I confesse at our last discourse , you gave me good rules in order to a Christian life , but still you design to make me regardlesse of the state of the Church , which is , that I be only self-concerned , and neglect the interests of Christ , whereas , what ought to be dearer to me then the glory of God ? and surely when that suffers , all that love him will be tenderly affected , so was David and Ieremiah , for the desolations of their times ; and it is a strange piece of Religion to be unconcerned in Gods glory , which is to be like Gallio , to care for none of these things . C. All things have two sides ; so this doctrine of resignation , if you look to it on the wrong one , seems like unconcerned stupidity ; yet , rightly considered , it is one of the highest pieces of Christianity : for , if you believe ( which you must believe , else you are no good Christian ) that Christ governes his Church , you must also believe that he doth all things well : since he hath all power in heaven and earth committed to him ; and in him are all treasures of wisdom and of knowledge ; and he loved his Church so , that he died for it . Now since his power enables him to do what he pleaseth , and his goodness inclines him to please what is best , and his wisdom cannot erre in the choice , Where is there rowm for any miscarriage in the government of the World ? why then are we to vex our selves with any anxiety ? doth not that tacitly accuse God , as if he did not mind his Church as he ought ? or doth it not imply if we were of his council , we could adjust things better ? Therefore , as in all our personal concernments , we ought to go about our duty with diligence , leaving events wholly to Gods care ; So , in the publick conce●nments of his Church , we are to commit the management of them to him , on whose shoulders the Government was laid by the Father ; and rest securely in this perswasion , that all things cooperat in promoting the grand designs of eternal wisdom and goodness : but still we are to concern our selves in the good of the Church above all things , next to the salvation of our own souls : but this is to be expressed , as in our most servent solliciting of God in behalf of his Church ( to which we are oblidged as well as to pray for our selves , we thereby expressing to God our zeal for his glory , and our servent charity to the brethren ) so also we are to let no opportunity slip , that God puts in our hands of doing good : But , as we are called , we are to do good as far as our station reacheth , and that upon all hazards ; yet , even in that , we are with David , not to meddle in matters too high for us , and with St. Paul , not to stretch our selves beyond our own measure and line ; but withall , we are to let no inward dejecting melancholy possess our souls , which is contrary to the end of Religion , wherein we are called to rejoyce evermore ; it being contrived of God to beget in us joyes , which cannot be taken from us ; and nothing marrs the souls inward joy in God more than such sorrowes . N. But all this is still contrary to the holy men of God : What sad complaints are in the Psalms and Prophets , and chiefly in the Lamentations ? And certainly , we , in the new dispensation , enjoying a clearer manifestation of the love of God , ought to be so much the more zealous for his glory . C. It seems you consider little the difference of the two dispensations : for , that of Moses was carnal , chiefly made up of temporal promises of an external prosperity ; so these outward desolations were then signes of Gods displeasure against them , and therefore they did lament because of them : but now the Scene is wholly altered , and these outward afflictions and persecutions , are so far from being curses , as they were of old , that our Saviour hath pronounced them blessings ; yea , he hath made these trials the Badges of our conformity to our Head , who was made perfect through sufferings . And therefore we are to glory and rejoyce in our sufferings , as did the Apostles ; and in the primitive Church , though they were made havock of , in the most cruel manner , some torn by Lyons , and other wilde beasts , some killed by the sword , some burnt in the fire , some roasted on Gridirons , some thrown in boy●ing Caldrons , some had their flesh torn off by pincers , some were starved to death by hunger and cold ; in a word , all the crueltie that diabolical malice could devise , was exercised upon them ; yet not only the Martyrs themselves bore all , singing in the midst of their tortures , but the Churches also rejoyced in it : And the dayes of their death , were Festivals , called naetalitiae Martyrum , they counting their Martyrdom their most glorious birth . And by the Epistles Eusebius inserts in his History , we see they were far from complaining because of their sufferings . But you ( because the Lawes are altered , and the Magistrate hath denied you further encouragement , and punished you , not for your Conscience , of which you cannot brag much , since none hath suffered because he was for Presbytery , or against Episcopacy , but for your unruly humours and practices ) make such complaints to God as if heaven and earth were mixed , and adapt all the Lamentations of Ieremiah to your sorrie matters , as if the overthrow of Presbytery were to be compared to the Babylonish captivity ; And see if the conclusion of the Apology , and all your other writtings run not in this stile . Now were your way what you imagine it to be , you should rejoyce , that you are called to suffer for it , and not to make such tragical complaints . And I am sure , your bitterness against those whom you call your enemies , looks nothing like the mildnesse of Christ or the primitive Sufferers , who carried with all gentlenesse towards their persecutors , in meeknesse instructing those that opposed them ; And this doth too palpably declare , you are strangers to the serene and dove-like spirit of the Gospel . N. You alwayes run to the primitive Christians ; but far fowles have fair feathers , and if you examine the practice of the Reformers , they universally resisted the Magistrate , and carried on the Reformation by Arms ; and how then dare you charge the Doctrine of resistance with Rebellion , since you thereby stain that glorious Work ? C. I assure you , I have a great veneration for the Reformers , and look on them as persons sent of God , to rescue his Church from the grosse superstition and Idolatry had overspred it ; but for all that , you must pardon me still to prefer the primitive Christians to them : As for casting reproaches on them , it shall quickly appear whither of us be the more guilty in it . I will therefore from undeniable evidence of History convince you of the falshood of that vulgar errour , that the Reformation was carried on by restistance ; and shall begin with the Waldenses , who resisted not the King of France , as is clear in the History , notwithstanding of their unparallelled persecutions , when they were destroyed by thousands : Belle forrest tells , that 60000 were killed in one town of Beziers ; Spond . ad an . 1209. tells of seven thousand , being murdered at once in one Church . It is true there were Wars betwixt the Count of Monfort and the Count of Tholouse ; but the Count of Tholouse was a Peer of France ; And the Peers , by the Constitution of Hugo Capit , were rather vassals then subjects to the King : besides , he only sought against Monfort . So Petrus Vallisarnensis , Hist. Albig . And in the Counc . of Monpellier , the Dominions of Tholouse were given to Simon Monfort , but not by the King , neither was the Legate well pleased , that the Kings Son came and took the crosse , lest he might thereby pretend some right in these Dominions , which the Pope pretended were his : Simon Monfort therefore was a bloody Emissary of the Popes , and not authorized by Philip August . then King of France , who gave no other concurrence to the War , save that he permitted his Subjects to Arm in it : so , here was no resistance of Subjects against their Soveraign . N. But did not the Bohemians , under Zisca , fight and resist when the Challice was denied them ? C. In the general , consider that the Crown of Bohem , is elective : in which case , certainly the States of a Kingdom share more largely of the Soveraign power : Besides , he from whom we have the best account of the Bohemian Churches , Comenius ( in ordine unitatis Bohemicae ) gives but a slender character of Zisca and his bussinesse , extolling him chiefly as a good souldier . Besides , the justifiers of the late Bohemian Wars , never run upon this strain of subjects resisting their Soveraign , upon the account of Religion , but upon the lawes and liberties of that elective Kingdome . Neither were the Protestants too well satisfied with the last Bohemian-bussinesse ; yea , King Iames , notwithstanding of his interest in the elected King , was no way cordial for it : these two I have joined together , because the Scene was the same , though the interval was great . N. But you know there was fighting in Germany upon the account of Religion . C. This showes how overly you read History , when you bring this as a president . When Luther rose , the Duke of Saxe , being moved of God , did receive the Reformation peaceably into his principalities , without any force ; and his example was followed by other Princes and free cities : but , in the year 1524. and 1525. there arose a War in Germany , fomented by some troublesome Preachers , as saith the Historian , who pretended the liberty of the Gospel for their chief quarrell ; and this was called the War of the Rusticks . And they appealing to Luther's judgement , he wrote again and again to them , condemning what they did , as an execrable and cursed Rebellion . He saith indeed , it was a great wickednesse in their Princes to force their consciences , but that did not at all excuse them ; and tells how far he himself had been ever from such courses : and he calles those that somented the Rebellion , vilains ; and not content with this , he stirred up the protestant Princes against them , who fought them and broke them . And in this I desire you will not consider the tatles of some ignorant persons , but read the History it self , and those excellent papers of Luther : for which I refer you to Sleidan , Lib. 5. And he will give you full satisfaction . Afterwards the Duke of Brunsuick , and some other Princes of Germany , did invade their neighbour protestant Princes , and combined in a league for the destruction of Lutheranisme : whereupon the Duke of Saxe , the Langrave of Hessen , and other Princes and free cities , met at Smalcald , to unite among themselves : but Luther was dissatisfied with this , till their Lawyers shewed him how by the bulla aurea , and other constitutions of the German Empire , it was lawfull for them to defend themselves : whereupon he consenting , they entered into that famous League . And every one who knowes any thing of that Empire , knowes well that the Princes are Soveraigns within themselves , and that the Emperour is only the head of the union . As for the War that afterwards followed betwixt Charles the 5th , and the Duke of Saxe , besides , that the Duke of Saxe , was free to defend himself , as I have told , Charles the 5th , declared it was not for Religion he fought , whatever his design was : neither did all the Princes of the Religion join against him . The Electors of Cullen and Pallatine , both Protestants , lay neuters ; and the Elector of Brandenburg , and Maurice , afterwards Elector of Saxe , armed for the Emperour : So you may see , what pitifull Historians they are , who alledge the precedent of Germany . In Sweden , King Gustavus , Anno , 1524. with the States of that Kingdom , peaceably received the Reformation ; neither were their any broils about it , till about seventy years after , that Sigismond , King of Polland ( whom notwithstanding of his being Papist , they received for their King , he being the son of the former King of Sweden , and peaceably obeyed him ) was by force entring the Kingdom , resolving to root out the Protestant Religion : Whereupon ( Vide Decret . in comitiis Lincop . Anno , 1660. ) they deposed him , and choosed his Uncle Charles King ; no strange thing in the Swedenish History , that being an Elective Crown , before the Year , 1644. that the States received Gustavus then reigning for their Hereditary King ; but still the States retained the supream Authority , as may appear by all their writs . Nor was it any wonder , if they , who had but a while before , crept out of an Elective Kingdom into an Hereditary , could not brook Sigismond his tyrannical invasion . And if this serve not to vindicat the Swedes ; at least , the Reformation was not introduced by Wars among them , neither were ever the actions of that State , lookt upon as a precedent to others . In Denmark , Frederick the first , with the States of that Kingdom , received the Reformation peaceably , nor was there any violence used . N. But you cannot deny , there was force used in Helvetia and Geneve . C. This shews what a superficial Reader of History you are . In Switzerland , the Reformation was peaceablie received by Zurich ( the first and chief Canton of that State ) and other Towns. But other Cantons maligning them for this , at the instigation of the Pope and his instruments , injured them ; so that at length it broke out into a civil War : wherein they of Zurich , as they were surprized by them , so continued to be purely defenders , vide Sleid. lib. 8. But you know Helvetia ill , if you know not that the Cantons , are no way subject to one another , and are free States , only united in a League , as are the seven Provinces : So that in their Treaties with France and other Princes , they often Treat sever'dly , Vide Siml . de Rep. Helv. As for Geneve , the Bishop fled from it , out of a pannick fear , when the Reformation was received : but no force was used to drive him out . Sleid. lib. 6. And beside , Geneve was a free Town , neither subject to the Bishop nor the Duke of Savoy ; Vide Siml . de Rep. Helv. lib. 10. de Geneve . N. What say you to the War in the Netherlands ? C. I say still , it was not for Religion they sought , Papists and Protestants jointly concurring ; And C. Egmond and C. Horn who were beheaded by the Duke of Alve , as the chief instruments in it , died both Papists ; yea , the State by a placart , declared it scandalous to say they fought for Religion ; the true ground of the quarrel ( as you may read in all the Histories ) was , that their Prince was not an absolute Soveraign , but limited in his power , and that by expresse compact , they might use force if he transgressed his limits : which he did most notoriously and tirandically : and for all this , I refer you to Grotius , de Antiquitate Bataviae & in lib. Ann. who yet is one of the strongest pleaders for subjection to Magistracy . N. But nothing of this can be alledged to palliat the French civil Wars ? C. The first civil Wars were mannaged by the Princes of the blood , who by the Laws of that Crown , are not ordinarie subjects . Besides , the Wars were begun in the minority of the King ; in which case the powers of the Princes is greater : I do not for all this deny their following Wars , were direct rebellion ; but consider the fierce spirit of that Nation ( ready to fight for any thing ) and you must confesse , it was not Religion , but their temper that was to be blamed ; but now many of the eminent men of that Church are fully convinced of the evil of these courses : and do ingenuouslie condemn them . Yea , in the Wars of the last King , one of the glories of our Nation , Cameron , at Mountowban directly preached against their courses , and taxed them of Rebellion . N. But if that was Rebellion , how did the late King of Britain give assistance to the Rochellers in the last Wars ? C. There was a particular reason in that , as appears from the account the illustrious Duke of Rohan gives of it : for the King of Britain had interposed in the former pacification , and had given surety to the Protestants , that the French King should religiously observe the agreement : But the King of France violating this , the King of Britain thereby receiving so publick an injurie and affront , was oblidged in honour to assist them : which for his part was most just , whatever the Subjects of France their part in it might be . And thus I have cleared the Churches abroad of that injurious stain you brand them with : And by this let all men judge whether you or I do them the best office . But to come to our own Britain , you know it is the glory of the English Reformation , that it was stained with no blood , save that of Martyrs , which was its chief ornament : Yea , though a Popish and persecuting Queen interveened betwixt the first Reformation of King Edward , and the second of Queen Elizabeth ; yet , none rebelled : For that of Wyat , was not upon the account of Religion ; but in opposition to the matching with King Philip of Spain . It is true Scotland hath not that glory : but as we were long allyed to France ; so we have too much of their temper : so that it passeth as a common saying , of Scots-men , praefervida Scotorum ingenia . And all that travelled the world , can witnesse that we were not approven in our late rebellion abroad . I shall not instance what Diodati , Spanhem , Rivet , Salmasius , Blondel , Amerald , de Moulin , and many of the greatest and most famed Forreign Divines , have publickly expressed against it . Some in Print , others in publick discourses and Sermons . One thing I will not passe by , that in the consistory of Charrenton , they made an Act , that no man should be barred the Communion for the Scots excommunication , except it were for a crime ; and so told the late Bishop of Orkney then of Galloway , that the pretended excommunication of Scotland , should no way hinder their receiving him to their Communion ; and this was a loud declaration of their disowning and condemning the Scots practices . N. But tell me ingenuously , Are there no precedents in History for Subjects fighting upon the account of Religion ; and have none of the Writters of the Church asserted it ? C. Yes , there have , and I will deal ingenously with you upon this head . The first I know is Pope Gregory the seventh , who armed the subjects of Germany against Henry the fourth Emperour , upon the account of Religion ; because the Emperour laid claime to the investitures of Bishops , they being then secular Princes . And this prospering so well in the hands of Hildebrand , other Popes made no bones , upon any displeasure they conceived , either against King or Emperour , to take his Kingdom from him , and free his subjects from their obedience to him ; alwayes pretending some matter of Religion , as you may read particularly in the History of Frederick the first , Frederick the second , Lewis of Baviere , Emperours , Philip Le bell and Lewis the 12th of France , Henry the second , and Iohn of England , Conradine of Naples , and Charles of Navarre . These are the eldest precedents I meet with in History , for your bussinesse ; and the latest is the holy League of France , from which our whole matter seems transcribed . The authors who plead for this , are only Courtiers , Cannonists and Iesuits . Now how are you not ashamed in a matter of such importance to symbolize with the worst gang of the Roman Church , ( for the soberer of them condemn it ) yet fill heaven and earth with your clamours if in some innocenter things the Church of England seem to symbolize with them ? N. No , you still retain the Papacy , you only change the person from the Pope to the King , whom you make head of the Church , and swear to him in these termes . C. This is so impudent a calumny , that none but such as have a minde to reproach would use it : which I shall clear by giving an account of the whole matter . In England , you know the Pope , beside his general tyranny , exercised a particular authority , after King Iohn had basely resigned the Crown to him , vide Matth. Paris . ad An. 1213. When therefore the Reformation was introduced in England , and the Papal yoke shaken off , the oath of Supremacy was brought in to exclude all forreign jurisdiction , and to reinstate the King in his civil authority over all persons and in all causes , as well ecclesiastical as civil . I confesse Henry the eight , did directly set up a civil Papacy , but you know the Reformation of England was never dated from his breach with the Bishop of Rome : But the oath of Supremacy was never designed to take away the Churches intrinsick power , Or to make that the power of Ordination , giving Sacraments , or Discipline , flowed from the King , to which he only gives his civil sanction and confirmation . However , because the words being general , might suggest some scrouples , they are clearly explained in an Act of Parliament of Queen Elizabeth ; and in one of the 39 Articles , and more fully by the incomparable and blessed Bishop Vsher , to whom , for his pains , King Iames gave thanks in a letter . Now this Oath being brought from England to Scotland , none ought to pretend scrouples , since both the words in themselves are sufficiently plain , and the meaning affixed to them in England , is yet plainer : And we having it from them , must be understood to have it in their sense . N. But this clearly makes way for Erastianism . C. This is one of your mutinous Arts , to find out long and hard names , and affix them to any thing that displeaseth you . In the Old Testament , you find the Kings of Iudah frequently medling in Divine matters ; and the Sannedrim , which was a civil court , determined in all matters of Religion ; And you are very ignorant in History if you know not , that the Christian Emperours still medled in matters of Religion . The first general Councils , were called by them , as appears by their Synodical Acts and Epistles . And by the accounts all the Historians give , they also preceeded in the Councils ; so Constantine at Nice , Theodose at Constantinople , Earl Candidianus in name of Theodose the second at Ephesus , and Martian at Chalcedon . It s true in preceeding , they only ordered matters , but did not decide in them , as particularly appears from the Commission given to Earle Candidianus , inserted in the Acts of the Ephesin Council . They also judged in matters of schisme ; so Constantine in the Donatist bussinesse , even after it had been judged , both by Miltiades and Marcus , Bishops of Rome and Millan , by the Synod of Arles , and by the Council of Nice ; Yea , the Code and Basilicks , and the Capitolers of Charles the great , shew , they never thought it without their sphere , to make lawes in Ecclesiastick matters . The Bishops also were named by them , or , at least , their elections were to be approven by them , not excepting the Roman Bishop , though he was the proudest pretender of all , who after the overthrow of the Western Empire , was to send to Constantinople or Ravenna , to get his Election ratified : and when the Western Empire was reasumed by Charles the great at Rome , it was expresly provided , that the Emperour should choose the Roman Bishop . So Kings medling in Ecclesiastical affaires , was never contraverted till the Roman Church swelled to the height of Tyranny , and since the Reformation , it hath been still stated as one of the differences betwixt us and them . N. Well then , I hope you who are so much for the Kings Supremacy , will not quarrel at this indulgence , which is now granted to us . C. We are better subjects then to criticize upon , much lesse condemn our Soveraigns pleasure in such things , neither do we as you did , carry all these matters to the Pulpit . But , I pray , how would you ( Anno 1641. ) have received such a proposition from the King in favours of the Doctors of Aberdeen , or other worthy persons , whom you drove away by tumults , not by lawes : I doubt , all your Pulpits should have rung with it . And we may guesse at this by the opposition many of you made to the receiving of suspected persons into the Army , for the necessary defence of the Countrey , then almost overrun by the enemy : so that you have now got a favour which you were never in a capacity to have granted to us when you governed : and yet you see with what cheerfull obedience we receive his Majesties pleasure , even in an instance , which may seem most contrary to all our interests : Or , if any have their jealousies , they stiffle them so within their breast , that none whisper against authority . N. This sayes it is against your will , and therefore your compliance to it is forced , not voluntary . C. So much the greater is our vertue , when we obey and submit to things against our inclinations , which you never dream of : but we are so inclined to peace , that if you abuse not this liberty you have got , we shall never complain of it ; nay , if it produce the effects which we desire , and for which we are assured it is designed , we shall rejoyce for it : which are to bring you to a more peaceable temper , to make you value and love more one of the Noblest and most generous Princes that ever ruled , and to dispose you to a brotherly accommodation with us , which the Fathers of the Church , are ready to offer to you on as fair terms as could be demanded by any rational person ; whereby , if you listen not to them , it will appear to the world , that you are truly Schismatical : And to encline you more to union , I intend , at our next meeting , to give you a full prospect of the state of the antient Church , both in their Government , Worship , and Discipline ; whereby I doubt not to convince you , that their frame was far better suited for promoting all the ends of Religion , then ever Presbytery could be . But though I have made considerable observations in this , besides what is in various Collectors ; yet , I cannot at present give you so particular a plann as I design ; but shall reserve it till another meeting . Mean-while do not abuse our Soveraigns royal goodness , nor the tenderness of these he sets over you . But let us all jointly pray , that God , in whose hands all our hearts are , may incline us all to peace , love and charity : I shall therefore sum up all in the words of Scripture , which if they weigh not with you , there is no hope man shall prevail on you ; If there be therefore any consolation in Christ , if any comfort of love , if any fellowship of the Spirit , if any bowels and mercies : fulfill ye my joy , that ye be like minded , having the same love , being of one accord , of one mind . Let nothing be done through strife , or vain glory , but in lowlinesse of mind , let each esteem others better then themselves . Who is a wise man , and endued with knowledge among you ? let him shew out of a good conversation his works with meeknesse of wisdom ▪ But if you have bitter zeal ( for that is the word in the Original ) and strife in your hearts , glory not , and lie not against the truth : this wisdom descendeth not from above , but is earthly , sensual and divelish : For where zeal ( the word is still the same ) and strife is , there is confusion and every evil work . But the wisdom that is from above , is first pure , then peaceable , gentle , and easy to be intreated , full of mercy , and good fruits , without partiality , and without hypocrisy ; and the fruit of righteousness is sowen in peace , of them that make peace . Put on therefore ( as the elect of God , holy and beloved ) bowels of mercies , kindnesse , humblenesse of mind , meeknesse , long-suffering , forbearing one another , and forgiving one another , if any man have a quarrel against any : even as Christ forgave the Church , so also do ye : but above all these things , put on Charity , which is the bond of perfectness ; and let the peace of God rule in your minds , to the which also you are called in one body : and be ye thankfull . Let the word of Christ dwell in you richly , in all wisdom , ●eaching and admonishing one another in Psalms and Hymns , and spiritual Songs , singing with grace in your hearts to the Lord. N. In all this I agree with you , and heartily wish these words were more deeply infixed in our minds : For , I confess , I am weary of the janglings of Divines , and long for peace as much as any can ; and indeed there is nothing makes converse grow more wearisome to me , then that I meet with very few who love peace ; but , generally , the minds of all are so fretted , that I often remind and repeat Davids groan , Oh! that I had wings like a Dove , for then would I flee away and be at rest ; I would hasten my escape from the windy storm and tempest . And indeed the farther I see into the great businesse of Religion , I am the more convinced of the necessity of a serene and placide temper , which so qualifies the soul for divine converse . C. Oh! how have these words you dropt last united my heart to you ? My Soul hath too long dwelt amongst them that hate peace ; and the thick foggs and mists of contention , have rendered the air of this valley of tears the more noisome : But my releef is in divine contemplation , whether , as to the mountain of God , I flee for sanctuary , that being above this atmosphere of contentions and passions , I may take that rest in God , which is denied me here below : whether whoso arrive , finde that placide tranquillity and joy unspeakable , that they must needs heartily compassionat all such who are strangers to this peace of God which passeth understanding : for , I assure you , there are no joyes comparable to these purer solaces . This is the secret of Gods presence , where you may be hid from the pride of man , and kept , as in a pavilion , from the strife of tongues . Let us therefore flee from this evil world , and flee into the blessed and refreshful shades of the Almighty , avoiding foolish and unlearned questions , knowing that they do gender ●●rife ; for , the servant of the Lord must not strive . I shall therefore leave you with these thoughts , hoping they shall be daily more deeply infixedin your mind . Farewel . FINIS . 
A39785	----	A short and impartial view of the manner and occasion of the Scots colony's coming away from Darien in a letter to a person of quality. Fletcher, Andrew, 1655-1716. 1699 Approx. 87 KB of XML-encoded text transcribed from 21 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A39785 Wing F1297 ESTC R6209 12581343 ocm 12581343 63768 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39785) Transcribed from: (Early English Books Online ; image set 63768) Images scanned from microfilm: (Early English books, 1641-1700 ; 960:25) A short and impartial view of the manner and occasion of the Scots colony's coming away from Darien in a letter to a person of quality. Fletcher, Andrew, 1655-1716. 40 p. s.n.], [Edinburgh : 1699. Attributed to Andrew Fletcher. Cf. NUC pre-1956. Place of publication from Wing. Reproduction of original in Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Darien Scots' Colony, 1698-1700. Scotland -- History -- 1689-1745. Panama -- Colonization. Panama -- Discovery and exploration. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A Short and Impartial VIEW OF The MANNER and OCCASION OF THE Scots Colony's Coming away from DARIEN IN A Letter to a Person of Quality . Quia Veritas , propter Taciturnitatem , non lucet , Mendacio se ingerendi , locus est . Tacit. Printed in the Year , M. DC . XC . IX . My Lord , I Am so far from wondring at the extraordinary Concern which you are pleased to express for the late bad News of our Colony's having come away from so Valuable and Impregnable a Settlement , as that of which they were Possess'd , in the very Navel of the Trading World ( if I may properly so call it ) that I should much more Wonder , if any Man who carries Scots ▪ Blood in his Veins , and pretends to have any regard either for the Honour , Interest , or Reputation of his Countrey , should not , upon so provoking an Occasion , contribute as much as in him lies , to retrieve so great a Loss at any Rate , and have a just Resentment against the Authors of so Surprising and Unaccountable an Emergency . You tell me ( which is true ) that several People , according to their different Interests and Affections , as well as different Capacities to Penetrate into , and judge of , the true Grounds of so unexpected an Emergency , do vent their Opinions and Reflections variously concerning it : Some attributing it to the want of due Care in the Directors at home , to send Intelligence , as well as the needful Supplies of Men and Provisions to the Colony , in due time ; some to the Temerity , Imprudence and Incapacity , of those who were intrusted abroad , with the Management and Government of the Colony ; some ( who you say are the far greater Number ) to the effect of His Majesty's Proclamations issued forth in all the English Plantations of America , declaring the said Settlement illegal , and strictly intercomuning all Persons thereunto belonging ; And you are pleased to desire my Sentiments of the whole Matter . It may possibly be reckon'd no small piece of Presumption in one of my weak Talent , to venture upon setting Pen to Paper , upon so Critical an Occasion as this is ; and how willing soever I might have been at any other time to gratify your Request that way , I must Confess , I am in so Splenetick a Mood , at this Juncture , that my Inclinations prompt me but very little to bestow my Time upon Scribbling : Yet your Commands being always Indisputeable with me , I shall supercede my own Inclinations at this time , and freely give you my Thoughts of the Matter , with all imaginable Candour , as succinctly as I can , and commit the whole to your own Discretion , being well assur'd that you 'l Advise nothing thereupon , but what you are fully convinc'd will be most Suteable to the Honour , Interest , and Reputation of the Nation , which ( by the by ) was , in my humble Opinion , never at a lower Ebb than at present . That the Directors of our Indian and African Company at home , are no manner of way Chargeable with any Omission or want of due Care in making early Provisions for Supplies to the Colony , or with any Mis-managements in taking wrong Measures , upon some Occasion or other , or with too much Easiness and Credulity ( as some do alledge ) in suffering themselves to be Over-perswaded , or any otherways imposed upon by mercenary Pretenders , who at the same time might possibly have been the Tools for driving on a Forreign Interest , for selfish Ends , is more than I shall take upon me to maintain too positively in their behalf : But sure I am , the many Dis-appointments , Difficulties and wicked Contrivances , which they were all along oblig'd to grapple with , both Abroad and at Home , made their Part very uneasie , and were enough to daunt the Resolutions of any privat Society whatsoever ; especially finding themselves so openly discountenanc'd by Authority , that the Adventurers were thereby discourag'd from paying in their Shares ; yea in so much that the Directors were not only sheckled from pursuing many reasonable and convenient Measures that they had in View , but were also often oblig'd to pawn their own privat Credit for carrying on , and doing those things that were indispensibly necessary for supporting the common Interest , and wait for their Relief till a better Opportunity should offer . But whatever Escapes they may be chargeable with , I dare confidently averr in their behalf , that they have Directed to the best of their Knowledge ; and I doubt very much , whether the most part of all those , who ever yet took the Liberty of Censuring their Actions , would have taken half so Rational Measures , had they had the same Game to play , and the same Difficulties to encounter with : For , as the Directors were Chosen by the Solemn Election and Suffrage of all the Adventurers in the Joint-Stock of the Company , ( wherein the most considerable of the Nobility , Gentry , and whole Body of the Royal Burrows are concerned ) so it must be allowed , that the Generality of those in the Direction , are Persons of as much known Honour , Probity and Integrity , and of as much Knowledge too , as can be found of any other Set of Men in the Nation : But the continued Thwartings that they met with from time to time , did not only necessarly retard many of their Measures , but made also some of those Measures prove altogether Abortive , tho' , never so rationally projected : And it 's very observable , that none have been more busie and meddling in Censuring their Conduct all along , and even at this time , than some who had little or no Concern in the Stock , and others who were ready upon all Occasions to throw Stumbling Blocks in their Way . But 't is very easy , and no new Thing , to either Credulous Fools , or Designing Knaves , ( who , alas ! are by far , the greatest part of Mankind ) to Censure the best of Mens Actions , without ever considering the Reasonableness of the Measures they take , or the Crossness of any Accidents they may meet with . And this brings into my Remembrance a Saying of the Renowned Sir Walter Raleigh , in his Apology for his Voyage to Guiana : As good Success admits no Examination , so the contrary allows of no Excuse , how reasonable or just soever . And indeed the Poet is very just upon that Head : — Careat successibus opto Quisquis ab eventu facta notanda putat . Ovid. Epist . 3. It is very evident by the Strain of the Acts of Parliament and Letters Patent , establishing the said Company , that these who projected that Scheme had in View , sooner or later , no less Des●gn than a Trade to both the Indies and to Africa , and that by a more immediat and much quicker Communication than was ever before practised by any Society whatsoever . In order whereunto , those in the Management thought it was not only necessary , to establish a Free and Staple-Port in some convenient Place or Places on that Isthmus or Nick of Land , situated on the Height of the World , between the North and South Seas , formerly called Darien , or in some such convenient Place , but also to raise a Joynt-Stock suteable to the Greatness of such an Undertaking . And not imagining that privat Hands in this Kingdom could of themselves be able to raise a sufficient Stock for that Purpose , the first Offer thereof was made to our Friends at London , who in nine days time concluded a Subscription there , of 300000 Pounds Sterling , and paid in the first fourth Part thereof either in Money , Bank-Bills , or Notes payable on Demand , and further declared their Willingness to Subscribe for as much more , if allowed : But you know how that Subscription was quickly render'd void by the Measures taken in the Parliament of England . The next Attempt ( you know ) that the Directors made for strengthning their Stock and Interest , was to endeavour the procuring of Forreign Subscriptions for some considerable Sum ; And in Order thereunto , upon repeated encouraging Advices from several Parts beyond Sea , but more especially from Hamburgh , they sent some of their own Number , as Commissioners or Deputees thither , with whom soon after their Arrival , the Merchants of the said City of Hamburgh , enter'd into Contract to joyn at least 200000 Pounds Sterling with the Company 's Stock : But you know likewise , how the English Ministers there , did , under Pretence of a special Warrant from His Majesty , put a Stop thereunto , by giving in a Memorial to the Senat of that City , Not only , disowning the Authority of the said Acts of Parliament and Letters Patent , but also threatning both Senat and Inhabitants with the Kings outmost Displeasure , if they should countenance or joyn with the Company 's said Deputees , in any Treaty of Trade or Commerce . Notwithstanding whereof , tho' the Council-General and Court of Directors of the said Company have , not only often Address'd and Petition'd the King and Privy Council of this Kingdom , but also His Majesty's High Commissioner , and the Right Honourable Estates of Parliament at their last Session ; And likewise , that the said Estates were thereupon pleased , by their Unanimous Address of the 5th . of August 1698 to His Majesty , To manifest not only their own , and the whole Nation 's Concern in that Matter , earnestly entreating , and most assuredly expecting , that His Majesty would , in His Royal Wisdom , take such Measures as might effectually vindicat the Undoubted Rights and Privileges of the said Company , and support the Credit and Interest thereof ; But were also pleased in the same Address , To recommend the Concerns of the said Company to some special Marks of His Majesty's Royal Favour , as being that Branch of the Trade of this Kingdom , in which They and the Nation they represent , have a more peculiar Interest . Yet ( it seems ) His Majesty has been all along so taken up with the far greater and more general Concerns of Europe , that , to this Hour , I have not heard of any manner of Redress that has been given in that Matter . There were likewise considerable Steps and Advances made by several Merchants in Holland , particularly at Amsterdam and Rotterdam , towards a Subscription there ; But upon notice had of their Meetings with the Company 's Deputees above-mention'd , and of the Success their Negotiations were like to have had , the most considerable and Leading Men of those Merchants , who had shewed most Forwardness in that Matter , were sent for by some of the States , and threatned that Measures would be taken , to make them repent their Doings , if they persisted any further in Treating with the said Deputees , or if they would joyn with the Scots Company . This , I remember , happen'd some Months before the Hamburgh-Memorial above-mention'd was presented , which I confess makes it seem a Problem to me , as well as to many others that have heard of it , Whether the English were influenc'd by the Dutch , or the Dutch by the English , to deal so unkindly by us : But in short I think we may truly say with the Prophet , The Syrians before , and the Philistines behind , &c. Isaiah , 9. 12. But to pass over all these previous Discouragements and Disappointments , and to come closely to the Point in Hand , The Colony that was first sent away in July 1698 , for settling a Plantation in America , pursuant to the Instructions then given , carried along with them not only abundance of all Necessaries for such an Undertaking ▪ but also such a Quantity of Provisions , as was calculated for a whole Year , and of some Particulars ( namely Stock-Fish ) what was computed might have served for near 18 Months : And for their further Security , in case those Provisions should happen to fall short , before Advice could be had of their Settlement , and the fresh Supplies of Provisions sent after them , there was likewise a Cargo of Sortable Goods , to the Value of about 16000 Pounds Sterling prime Cost here , sent along with them , at the absolute Disposal of the Council , for the Colony's Use ; which Goods were either to be Traded with upon the Coast and American Islands , or Barter'd for Provisions and other Necessaries at the Council's Discretion , as should best sute with their Circumstances for the time . Yet such was the Directors Care of their Welfare and Safety , That , immediatly after their Departure from Scotland , the Directors did , upon the Encouragement of the Parliaments Address above-recited , apply themselves in a dutiful manner to His Majesty , by their humble Petition of the 16th . of August 1698 , To bestow upon them , as a Gracious Mark of His Royal Favour , the Use of the two small Friggots . then ( and to this Hour ) lying useless in Burnti●land Harbour ; with Design to ●it them out , as soon as possible , with Provisions and other Necessaries for the Colony ; and appointed a particular Committee to wait upon the Chief-Men in the Government , to desire their Assistance in Seconding the said Petition : But in a short time thereafter , they found it necessary to call a Council-General of the Company , which accordingly met on the 5th . day of September following : And the Directors laying before them a Representation in Writing ( which contained an Abstract of the then State of the Company 's Affairs , together also with their own Opinion , what they thought necessary to be done by the Company at that Juncture , with relation to a Supply of Provisions and other Necessaries to be sent to the Company 's Colony ) they thereupon ordered a further Proportion of the Company 's Joint-Stock to be call'd in , from the respective Proprietors for that Purpose . And upon the 9 th day of November , The Court of Directors did , upon the Prospect of the Martinmass Payments , come to a Resolution , that a Ship of near about 200 Tuns burden , should be bought forthwith for the Company 's Use , and that the buying and fitting thereof , as also the buying of the needful Provisions for a Supply to the Colony , should be referred to a Committee which was appointed for that End ; but after enquiry made in several Places about such a Vessel , they could find none reported to be so fit for their Purpose , as one that lay then in Leith-Harbour , exposed to Sale ; which one of their Number bought , with a special Condition to be free , if upon Survey she should not be sound fit for the Company 's Use : And upon the 14 th day of December ( which was near about four Months before any Word came from the Colony ) the Court of Directors gave Orders to conclude the Bargain for the said Ship , according to former Agreement , and to fit her out with Provisions for the Colony , with all possible Expedition : But the Ship when bought ( tho' a known prime Sailer , and after all the necessary Precaution had in buying of her ) happening not to be so Sound as was expected , took a much longer time to be Repaired , than could well have been imagined , and could not therefore Sail as soon as was intended . But in the mean time , the Directors being loath ( it seems ) to Trust to the said Ship only , in case of Accidents , made it their Business to find out , and purchase a good Sailing Ship , English-qualified , to be dispatched from Clyde with Provisions , and the needful Advices for the said Colony : And upon finding a Ship so qualified , she was dispatched from Clyde upon the 24 of February last ; but to the Company 's and Colony's inestimable Loss , the said Vessel was cast away on one of the West Islands of Scotland : Of which Accident the Court of Directors had no Advice before the 11th . Day of April : And the Loss was still the greater in this , that she was bought so qualified , with a View to be serviceable to the Colony , not only in Trading upon the Coast , but also in running backward and forward , to and from any of the English Plantations , with Goods , Provisions , and Intelligence ; she being qualified to touch there in the strictest sense of the English Act of Navigation . You may remember likewise , that the other Ship abovemention'd was just ready to Sail about the latter-end of March last , being the time that the first Advices arrived here of the Colony's Settlement and good Condition : But the Directors having Intelligence of Three Spanish Ships of Force , that were to Sail about that time from Cadiz to the West-Indies , with a Re-inforcement of Men , Arms and Ammunition , for Carthagena , under the Command of Don Piementel , the present Governour of that City , and that he had particular Instructions , with relation to our Settlement ; they thought it not safe to let the Company 's said Ship sail alone ; and therefore stopt her , till another Ship of Force might be got ready with Men and Provisions ; which accordingly being got , both the said Ships set sail from Leith-Road , on the 12th . of May last , with a Recruit of 300 Men , about 900 Bolls of Wheat made into Bisket and Flower , as also a considerable Quantity of Pease , Pork , Oyl , Brandy , some Beef , Arms , Ammunition , and other Necessaries ; carrying likewise along with them Advices , that a much more considerable Recruit of Ships , Men , Provisions , Arms , Ammunition and other Necessaries , were to follow with all convenient Dispatch , under Convoy of the Rising-Sun . And the Directors did accordingly dispatch the Rising-Sun , and three other Ships of considerable Force and Burthen , from Greenock , the 18 th . Day of August last ; tho' by contrary Winds they were stopt , so as that they could not sail further than the Isle of Bute , till the 24 th of September following : They had 1300 Men on board , with as many Ingineers , Fire-Workers , Bombardeers , Battering Guns , Mortars , Bombs , and other Warlike Provisions , as ( if safely arrived at the Colony in due time , and considering the Situation and natural Strength of the Place ) might reasonably be presumed to have made it impregnable . Nor was this all , for immediatly after the first Advice that the Directors had of the Colony's Settlement , they wrote back to the Colony , by the several Ways of New-England , Jamaica , Barbados , Antegoa , and the other Leeward Islands , that these Recruits above-mentioned were coming to them ; and in the mean time , sent them an Illimited and Discretionary Credit , for buying of Provisions from any of the English Plantations , if they should happen to stand in need thereof ; Which Credit the Directors were induced to give , from an Assurance that they had given them , by several Persons at London , and in the West-Indies , of their good Inclinations to Supply the Colony with Provisions , if such a Credit were given ; and for that end , Printed Copies of the said Credit were sent by the Way of London , to be dispersed over all the English Plantations in America . And upon the Faith thereof , several Sloops and Brigantins , freighted full of Provisions , were dispatched from the English Plantations to our Colony ; particularly from New-England , New-York , Road-Island , and Philadelphia ; tho' , alas ! they happen'd to be too late , those of the Colony being unluckily come away from Darien , some Weeks , before these Sloops could well be arrived there : So that this was no such Imaginary Credit , as some People would have us believe it to have been . Yea further , even before the said Credit was known in America , not only several Sloops went with Provisions from Jamaica to the Colony , and Barter'd their Provisions for other Goods : But also , a New-England Brigantin , freighted full of Provisions , sold her Cargo to the Council of the Colony , for Bills drawn by them upon the Company 's Cashier here ; Which Bills amounted to about 700 Pounds Sterling , and were punctually paid accordingly . By which it may evidently appear , that if no extraordinary Methods had been used to put a Barr to their begun Correspondence , there had been little or no Occasion for any special Credit on particular Persons . And upon the Directors having received the said surprizing and unexpected News of their Colony's coming away from Darien , they immediatly came to Resolutions of dispatching a particular Credit , with proper Advices , per Express to New-York , by a Vessel then bound thither , where they understood most of their Men were , and to send other Expresses , by several Ways , in quest of both the first and last Recruits sent to the Colony ; with Orders to repossess themselves of their former Settlement , and to fend Supplies of Provisions and other Necessaries after them , as soon as possible ; and to have from hence forward some small Vessels or Advice-Boats , running continually , backward and forward , with certain Intelligence , between this and the Colony , their former way of Corresponding having ( it seems ) fail'd by reason of the Proclamations above-mention'd ; as shall appear , more particularly , by and by . And because the Expediting of those several Expresses , and sending a Credit for Provisions , and other Necessaries , could not admit of any Delay , at so Critical a Juncture , they frankly engag'd their own privat Credits , for those several Purposes , until the Company 's own Money should come in to Answer the same ; and in the mean time , they called a Meeting of the Council-General , who approved of those Resolutions : And several of the Councellours did likewise freely and generously joyn their own privat Credits with that of the Directors , for the Purposes aforesaid . In Pursuance of which Resolutions , the Directors sent a Credit of 2000 Pounds Sterling to New-York by a Gentleman , whom they sent Express from hence thither , in the beginning of October last , with proper Instructions suteable to the Occasion . They sent likewise at the same time , by a Ship then bound from the Downs to the Leeward Islands , and Jamaica , a ●ew Councellour for the Colony , fully instructed in relation to this Emergency , with Orders to go with all possible Dispatch , in quest of the Recruits lately sent to the Colony : And the better to enable him to execute effectually what was then given him in Commission , he carried a Credit of 1000 Pounds Sterling along with him . Since which , they have , in the Month of November last , dispatch'd one of the Company 's own Ships , full of Provisions and other Necessaries for the Colony , from Clyde ; and sent another Councellour on board thereof , with a Credit of 500 Pounds Sterling more : And about the same time , they freighted another Ship , which sail'd from Forth sometime ago , to carry Provisions to the Colony : And ( as I 'm inform'd ) are now upon dispatching forthwith two other Ships with more Provisions after them ; the one from Forth and the other from Clyde ; That from Forth being already agreed for , and bound by Charter-Party to sail ( God willing ) on the 20 th . of January next . Now this , being a short Abridgment of what I understand , may be offered in Justification of the Directors Care and Conduct : I shall now proceed to give you a short View of what occurs to me at present , with relation to the Conduct of those , who were intrusted Abroad with the Management and Government of the Colony , under the Name of Councellours . That the Equippage sent by the Company on their first Expedition , for settling a Colony in America , was , in all Respects , superior to any that was ever before sent on the like Account , by any privat Society in Europe , is what I never heard in the least contraverted : And as the Generality of the Men who went on that Expedition , gave former Proofs to the World , in their respective Stations , during the last War , of their Fitness for such an Undertaking ; so it has been agreed upon , by all that ever saw them , not only when they went away , but also after their Arrival and Settlement in America , that they were , seemingly , as hopeful and promising a Set of Men , as ever were seen ( to the Memory of Man ) in those Parts ; had they been under the Government and Care of such Heads as were to be wish'd : But many People do say , that the Council appointed for the Government of the Colony , was composed of an odd kind of Mixture of Persons , of Heterogeneous Humours and Principles , and that few of them were fit for that Station . The Truth is , whatever may be in this , I 'm certain that the Directors were at no small Pains to invite such as they thought most capable for that Station ; but it not being publickly known , where they were design'd to settle , there were but very few Candidates ; and there 's nothing I know better , than that those of them who were most strongly recommended as Persons of Capacity , Honour and Honesty , prov'd to be the least deserving of that Character , of all that went under the Denomination of Councellours . I was told , indeed , that there was too much Emulation , Jealousy , private Animosities , and Pique among themselves ; and that the bad Example thereof gave too much ground to believe , that the like Animosities were diffused among the inferior Officers and others , as they stood severally affected or engaged , more or less , to this or that Councellour : Yet , by the Influence of some few of the discreetest of their number , for above Eight Months time together , they had so much Prudence , as to stiffle those Divisions ( as much as possible ) in all publick Concerns , for carrying on the common Interest ; as may evidently appear by the Unanimity and Discretion of all their Advices and Letters to the Directors at Home , as well as by their publick Transactions with such as had to do with them in America ; particularly in all their Transactions with the Indians , the President of Panama , the Governours of Carthagena and Sancta Maria , and the Commander of a French Vessel , which happen'd to be Shipwrack'd near their Settlement ; & their Diligence and Care in building of Houses , clearing of the Ground , and fortifying of their Settlement , in such manner , that it was look'd upon , by all that saw it , or had account of it , to be almost Impregnable ; till that about the latter-end of March last , by reason of the Absence of some , and Indisposition of others , so few remain'd , that for some Weeks together , their Votes run generally split , being only two of a side , and consequently all Business almost at a stand . Yet such was the Excellence of the Constitutions by which they were to Govern , that by means thereof , and by the Providential Recovery of one of their Number out of a desperate Sickness , to cast the Ballance , they quickly wrought their own Cure : For by the assumption of Three or Four New Councellours , and the humorous withdrawing of two of the Old , whose Places were thereupon deservedly declared Vacant ; the Council wrought it self so into one piece , that their Actings look'd then , like that of one Man : And tho the Season had , all of a sudden , ( as is said ) sowred some of their Provisions ( which continued very Good till the Rains came on in April ) and tho their Men turn'd afterwards very Sickly upon their Hands ; yet they were firmly resolved to maintain that Place and Interest to the last , as appears by the Letters which they dispatched Home upon that Occasion , pressing that Supplies might be sent to them with all Expedition . And in the mean time , they not only engaged one Captain Ephraim Pilkington of Port-Royal ( who had been , it seems , sometime in their Service , and was resolved to bring his whole Family to live in Caledonia ) to return with his Shallop full of fresh Provisions and strong Liquors from Jamaica ; but sent also a Sloop of their own thither , with Money and Goods to purchase Provisions ; yet neither the one , nor the other , could have any , by Reason of the Proclamation that was published there sometime before : And it is very observable , that the said Proclamation , was , for haste 's sake , published at Port-Royal in Jamaica , upon a Sunday , being the 9 th day of April , to stop two other Sloops that were ready to sail from thence next Morning , with Provisions and strong Liquors for Caledonia . And the unhappy News thereof arriving at Caledonia , the 18 th , day of May , together with a Copy of the said Proclamation , as also a wicked contrived Story , That the Company at home had , upon some Occasion or other , Petition'd or Address'd the Parliament of Scotland , and that their Petition was unanimously rejected , and thrown with Disdain over the Bar ; the Council and Colony were , as it were , Thunder-struck all at once , with those Accounts , especially when they consider'd the Treatment which they knew the Company had met with at London , Hamburgh , and other Places , and the malicious Rumors that were industriously spred here , before they went away , of what the Parliament might possibly be induced to do ; since it was whispered as if the Commissioner had had Instructions to lay an Embargo on the Company 's Ships ; and not having received one single Line from Scotland since their Departure hence , they were easily confirmed in the belief thereof , and concluded , That certainly the Company was quite defeat and crush'd at home , and had not the liberty of sending so much as any Advice to them to shift for themselves . All which Suggestions were so successfully improved by the Person , whom I have heard , most blamed upon that Occasion , that he found , at last , the said Proclamations gave him a Handle to say or propose any thing whatsoever , tho never so villainous ; and particularly , That as , by the said Proclamations , they were positively declared to have broken the Peace , by settling at Darien ; so of consequence they were declared Pyrates ; and that , as they could not think of staying there , abandon'd by all the World , so it would be dangerous for them to go to any of the British Dominions , for fear of Hanging : And therefore proposed , that they should sail directly to Hamburgh , or some other Foreign Port , and dispose of the Ships and Effects ; or at least to take up Money upon them , to pay the Seamen their Wages . Which Pretence , he thought , might sufficiently baite many ( at least the Seamen ) to close with his Proposal : But the Proposal was so self-evidently Wicked , Unnatural , and Inconsistent with the Trust reposed in them by the Company , that it was exploded with Reproach , by all those who had any Honour or Honesty in them , and so fell to the Ground ; Tho' the 〈◊〉 away was what few or none ( it seems ) said any thing material against , after having got those Accounts : Nor indeed can I see what could well be retorted to Captain P — k , when he urged that all the Arguments made use of for staying , were grounded at best but upon Suppositions ; whereas their Reasons for coming away , were grounded upon real Things , viz. the Proclamations , want of Intelligence , and scarcity of Provisions . And indeed it must be allowed , that if no such Proclamation had been published , he durst never have had the Impudence to have made such a wicked Proposal , at least so openly , as is above narrated . Now to recapitulate the whole Matter , you see the sum of what those in the Colony do offer in justification of their coming away , is their being in such desperate Circumstances , that in a crowd of confused and perplexed Thoughts , they believed the longer they would stay there , the worse it would be for them : Because several Species's of those few Provisions which they had left , were rotting ( as they say ) upon their hands ; most of their Men fell sick and weakly , with but slender Hopes of their Recovery , for want of fresh Provisions , strong Liquors , and good Looking after ; and were out of all manner of Hopes of getting any Supplies , by reason of the Proclamations , and the Story above-narrated , especially having had no Word from Scotland all the time ; which fully determin'd them in that Fatal Resolution of coming away , ( Bag and Baggage ) Steering their Course to New-York , in Hopes to get some Provisions there , in Barter for Goods , which might carry them to Scotland : But how Inhumanely they were Treated by the Government there ( tho' the Generality of the People were inclined to be kind to them ) in their distress'd Condition , is too well known ; as is also the Barbarous Treatment , which those on board the Saint-Andrew met with , from the Government of Jamaica , upon her being ( it seems ) forced in there by Stress of Weather , and to shun the Barlavento-Fleet , which gave her Chace for some days . By all which , ( if true , as is , indeed , generally said and believed ) it seems to me naturally conclusive , that , tho' I 'm far from setting up to justify any Escapes or Omissions , that the Directors at Home may be truly chargeable with , or to lessen any Imprudence , Rashness or Divisions , that I have heard the Council of the Colony blamed for ; yet the Burden of the Song still rests on the Effects of those Proclamations ; because that , if those Proclamations had not been published , I am morally assured , that even the grossest Mistakes in the Management , either at Home or in the Colony , would have been soon mended of Course , from the Experience that must have been had of the Consequences of their own Omissions and Mistakes . And whoever would be at the pains , but to examine the first Conduct and Management of the most Flourishing Trading-Companies this day in Europe , might easily find , that they have , not only in their Infancy , but even after a much longer standing , been guilty of , at least , as gross Mistakes and Omissions , as any that I ever , as yet , heard the Directors of our Company justly charged with , and that there is no such thing to be precedented , or , indeed , reasonably expected , as Infallibility in any Humane Conduct ; especially in a Matter , whereof the good , as well as the bad , Success must necessarly depend on a great many unforeseen Accidents . And yet the Truth is , after all , The most Plausible and Material Objections , which I have heard suggested against the Foresight and Care of the Directors at Home , are , 1 st , That they imployed Persons in Fitting out the Ships , Goods , Provisions , and other Necessaries for their first Expedition , as made no Conscience of the Trust reposed in them ; for that the Numbers , Quantities and Qualities of those Goods and Provisions , were far short of what they were given out for , and some of them rotten , even before they went from hence . And , 2 ly , That they should Trust to the Uncertainty of a Correspondence , by the Way of England , and the English Plantations , and not be at the Charges of sending Letters and Advices frequently by some Packet-Boats of their own , directly from hence to the Colony ; which would undoubtedly have prevented their coming away in such Despair of being relieved from hence , as they say they did . This seems indeed , at first View , to be a heavy Charge , tho' it may be justly Answered for the Court of Directors , First , That those imployed by them , for the Purposes aforesaid , were not only of their own Number , and chosen by the general Suffrage of the Adventurers in the Joint-Stock ; but were also reputed Merchants of considerable Substance and Dealing , and might therefore be reasonably presum'd , not only to have understood that Matter of buying and providing Goods , Provisions and other Necessaries for a Sea-Voyage , better than those Noblemen and other Gentlemen in the Direction , who never had Occasion formerly to be concern'd in a Matter of that Nature ; but also , that they themselves being considerably interested in the Joint-Stock , and intrusted with the particular Stock , of many of their own Friends , Relations and Acquaintances , and indeed with that which they must needs have known , was of Universal Concern to the whole Nation ; That they would act at least as tenderly and conscientiously therein , as any other Persons whatsoever , who were not so immediatly concerned . And for these few Directors , who were imployed for buying those Goods and Provisions , I dare confidently affirm , in favour of some of them , that they not only understood , and were pretty much accustomed with Dispatches of that kind , ( tho' differing perhaps in the Degree ) but that they acted also with as much Care , Diligence , Integrity , and real Zeal for the Company 's Interest , as any in the Kingdom could have done ; so that I reckon , whenever that Matter is fully inquired into , and all Circumstances considered , it will be found , that there was no such great Abuse , in either the Quantities or Qualities of those Goods and Provisions , as some would have us believe there was : Tho' at the same time , ( I must confess ) I have , from the beginning , heard one or two of those Directors extremely blamed , for making some Bargains for the Company , with an alledged visible Advantage to themselves : And tho' it must be granted , that it were much better for the Company 's Interest , they had never acted with any such Selfish View ; yet , granting they did so , ( which I do not believe ) it is very possible , they might have contrived Matters so , as to have some Advantage by those Bargains to themselves , and yet the Company be no great Losers thereby . Just as I had done writing of the foregoing Paragraph , I came to the Knowledge of a Declaration made by Captain Robert Drummond ▪ Commander of the Company 's Ship , the Caledonia , now lying in Clyde , with relation to the Premisses ; And because of the extraordinary Patness thereof , I procured an exact Copy of it , which I send you hereunto subjoyned . My Lords and Gentlemen , WHereas I understand , that some People take the Liberty to say and give out , that our Provisions , which we carried along with us from Scotland , were , for the most part , rotten and damnified , before we scarce got to our Voyage's end , and that some of them were quite spoiled , even before we went from hence : I think my self , in Duty and Honour , bound to declare , That on board your Ship the Caledonia , which I have the Honour to Command , all the Flower and Oat-Meal kept good till the Month of April , yea some part thereof until the latter-end of June , as did also the Gray Pease , till we had little or nothing of them left , in the latter-end of April : And as for the Bread , Beef and Pork , they continued sound and good , till the very last Pound Weight of them . It is true , the Irish Beef ( tho' very sound ) was nothing near so good as the Scots Beef ; for which Cause we expended it first . And as a Proof of the Scots Beef's being extraordinary , when I came from on board on Friday the 15th . instant , I left four Barrels of it on board as sound as ever it was , and Dined on a piece of it very comfortably that same day , as did also the whole Ships Crew , and I doubt much , whether it may not be all eaten up by the Seamen before now , tho' they have other Provisions on board . I have sailed for the space of eight Years together in America , and I must needs say , I never in all that time had Provisions which held out so well , which I have often signified to several Persons in our passage . All this is true , as I shall answer to my Maker , and ( if required ) shall be own'd by the whole Crew . Witness my Hand at Edinburgh the day of December 1699. I am ▪ My Lords and Gentlemen , To the Right Honourable , The Court of Directors of the Company of Scotland , Trading to Africa and the Indies . Your Lordships most Humble and most Obedient Servant , ROBERT DRUMMOND . Nor is this all ; for the said Captain Robert Drummond declared further to my own hearing at one time ( several other Gentlemen being then present ) and at an other time ( as I am positively informed ) before Mr. Mackenzie the Company 's Secretary , and Mr. Hamilton Clerk of the Canongate , at the Ship Tavern ▪ That he the said Captain Robert Drummond caused Over-haul all the Goods and Cargo that were on board the said Ship under his Command , when they lay in Caledonia-Harbour , and that , upon his Conscience , there was not one Cask , Pack , Bundle , or Bale , in the whole , when he compared the Contents with the Invoyce , but what contained full as much as was charged in the said Invoyce ; excepting only one Bundle of Twine , which he said did not contain much above half of what it was charged for ; and some Hundreds of Sail-Needles too , which he said was wanting out of a Bundle that was charged in the said Invoyce . He declared likewise at the same time , That all the time he was in Caledonia he never saw one Piece of Beef or Pork , but what he himself , or any other Sea-faring Man , might make a hearty Dinner on ; but that possibly such as were all their Days accustomed to nothing else but fresh Provisions , could not think so well of it . Now , after so positive and solemn Declarations made by the Person who , of all Men living , should ( and I believe does ) know best what was under his own immediat Care , I must beg leave to say , that it cannot but grate upon the Spirit of any good Man , to find with what an intolerable Liberty Malice , Envy and Ignorance have , as it were , combined together to derogat from the just Merit of those Noble and Worthy Persons , who are concerned in the Management of the Company , by endeavouring to asperse their Conduct , as if ( forsooth ) they had acted like so many Fools or Knaves , or both ; when , indeed , by what is already said , it may evidently appear to any Unprejudiced and Impartial Judge : That ( considering the Novelty of the Undertaking , the many unexpected Difficulties they met with , the Odness of the Tools they were oblig'd to make use of , the Slowness of Payments from the Subscribers , and the Faintness of any Countenance they had from Authority ) they have acquitted themselves of their Trust , far beyond what could be reasonably expected from ( perhaps ) any Sett of Men in the Nation : And I dare confidently averr , That some of them have often neglected their own privat Affairs and Interest by their close Attendance and unwearied Endeavours to promote that of the Company ; without the least Prospect of having any Immediat or Particular Advantage thereby , other than the Glory of being the Chief Instruments for laying the Foundation of , and Carrying on , so Great and Good a Work , for the General advantage and Credit of the Nation , as well as for the Particular Benefit of the Adventurers . And the Matter being so ; I hope , no Good Man will think it Presumptuous in me to say , that it may , perhaps , be thought some kind of Reflection on the Justice of a Nation , that the unbridled Licentiousness of some Peoples Tongues and Pens against them , should pass so long unpunished ; when there 's nothing more certain , than that Impunity hardens and confirms Men in their Wickedness : For Proof whereof , we see that some of those Persons who first begun to vent their Malice against the Company , only by Whispers and slye Insinuations , stick not now to break out into open Exclamations ; Magnifying their own Prophetick Spirits ( forsooth ) as if they had foreseen all the Misfortunes that must necessarly have attended the Affairs of a Company , that was under such Management ; making even the very Wisest , and most Considerat Actions of the Directors Conduct , the Subject of their Buffoonry and Ridicule ; And that they may the better , not only impose on the credulous and ignorant Multitude ; but also distract and confound the Judgement of even Discreet and Unbyass'd Persons , they make it their daily Divertisement , first to hatch , and then give Wing , to an indefinit Number of detracting and slanderous Stories , that have as little of Truth in them , as the Authors have of either Probity , Honour or Honesty : And knowing that these spurious Brats of their own Invention , cannot possibly be long Lif'd , because a very short Period of Time must , of Course , necessarly demonstrat their Falsehood , they providently take care to have whole Troops of them ready at Command , to succeed one to another , thereby to amuse the Brain-sick Multitude , with continued false Alarms ; and having already , by such Means , declared themselves so openly Enemies , not only to the Directors , but to the Undertaking in General , they think ( it seems ) that since they cannot Reasonably expect to regain their lost Credit with the Company , they had best ( according to the common Course of the most Wicked of all Sinners ) endeavour to justifie always one Crime by another greater than it self : And Juvenal aludes very concisely to such sort of Men , in his 6 th Satyr . Fortem animum proestant rebus quas turpiter audent . But how agreeable soever the Poisonous Wit of such Envious and Designing Slanderers , may possibly seem to many of the Heedless , Unwary , and Giddy-headed People of this Age , yet what mean Opinion the Generous and Wise Romans entertained not only of them , but also of such as gave them any Countenance , may be seen in the few following Lines of Horace . — Absentem qui rodit Amicum , Qui non defendit alio culpante solutos Qui captat risus Hominum , famamque Dicacis , Fingere qui non visa potest , Commissa tacere Qui nequit ; hic Niger est , hunc tu Romane caveto . But above all , The grossness of these Mens Folly does manifestly appear by these Words of Solomon : He that hideth Hatred with Lying Lips , and he that uttereth a Slander , is a Fool , Prov. 10. 18. Andho w secure soever these Fools , Scoffers and Slanderers may imagine themselves to be at present , we have Assurance from the Words of the Wisest of Men , that they shall not always escape unpunished : Judgements are prepared for Scorners , and Stripes for the Backs of Fools . Prov. 19. 29. As to the second Objection , concerning Advice-Boats not being sent directly from hence to the Colony ; It is an easy Matter , after an Accident is over , to propose such a Remedy , as might have prevented that Accident : But who could have dream'd of such Proclamations , unless we had been at open and declared War with England ? And in the Name of Wonder ! who could ever have imagined , that such Rigorous Proclamations , or indeed any at all , should be issued forth against us , in the Name of our own Sovereign , who gave our Company first a Being , and of whose Protection , we had all possible Assurance , not only , in common , with the rest of the Nation , as we are his Subjects , but in a very special manner , by the Concessions of his Royal Grant , by Letters Patent under the Great Seal of this Kingdom , as well as by three several Acts of Parliament in favours of our Company . By the first of which , namely the 32 d. Act of the 4 th . Session of this current Parliament : It is specially provided for the Encouragement of such , as should become Adventurers by Joint-Stock in carrying on of Trade to the East or West-Indies , or to the Coast of Africa , That if , in their Endeavours for the Advancing and Promoting of Trade to any of the said Parts , they should happen to be attack'd , violently seized , or otherways disturbed by Persons not in open War with Their Majesties ; That then , and in that Case , Their Majesties would be pleased to order , that the Recovery of the Ships and Goods so seized , or otherways molested and hindred , be carried on and prosecuted by publick Means , and at publick Expense . By the 32 d. Act of the 4 th . Session of this current Parliament , The said Company is not only Impowered to Equip , Fit , Set out , Freight and Navigat their own , or hired Ships , in Warlike or other manner , as they shall think fit , to any Lands , Islands , Countreys or Places in Asia , Africa or America : and there to plant Colonies , build Cities , Towns , or Forts in , or upon , any Place or Places not Inhabited , or in , or upon , any other Place , by Consent of the Natives and Inhabitants thereof , the same not being posses'd by any European Sovereign , Potentat , Prince or State ; and by Force of Arms to defend their Trade and Navigation : As also to make Reprisals , and to seek and take Reparation of Dammages done by Sea or by Land , and to make and conclude Treaties of Peace and Commerce , with the Sovereigns , Princes , States , Rulers , Governours or Proprietors of the aforesaid Lands , Islands , Countreys or Places , in Asia , Africa or America ; But also , His Majesty , amongst several other considerable Concessions , is graciously pleased to promise , that if contrary to the Rights , Liberties , Priviledges , Exemptions or Agreements mentioned in the said Act , or contrary to the general Treaties of Peace and Commerce between His Majesty and any Potentat , Prince or State , in Amity with His Majesty , the Ships , Goods , Merchandise , Persons or other Effects whatsoever belonging to the said Company , should happen to be stopt , detain'd , embezel'd or away taken , or in any sort prejudg'd or damnified , that His Majesty would interpose his Royal Authority to have Restitution , Reparation , and Satisfaction made , for the Dammage done , and that upon the publick Charge . And by the 3 d. Act in favours of the Company , namely the 42 d. Act of the 5 th . Session of this current Parliament , It is specially statute and declared , that , for the Encouragement of the Company of Scotland Trading to Africa and the Indies , it should be lawful to the Magistrats and others , the Administrators of the common Good of Burrows ; as also , to the Deacon , Masters , and other Administrators whatsoever of any Incorporation , or Body , or Company incorporat or Collegiat within this Kingdom , to adventure , and put in , Money belonging to their respective Administrations , in the Stock of the said Company : Which they could not warrantably do without some such Act. And seing the whole Body of the Royal-Burrows , and the most considerable other Incorporations and Bodies Collegiat in this Kingdom , as well as many Noblemen , Gentlemen , and particular Burgesses did , upon the Faith of those Acts , become Adventurers in the Joint-Stock of this Company , it were almost an absurd thing in the Directors , ( especially when perhaps all the Money they were then Masters of , was not sufficient to answer the Company 's pressing Occasions ) to have been at the trouble & expense of setting up Packet-Boats , as a Remedy against the Effects of Proclamations , which , I may say , would have been undutiful in them to have dreaded . But yet , to let you see the Effects of those Proclamations , even in point of bare Correspondence ; I do assure you , that several of the Company 's Packets directed to the Council of their Colony , under cover to particular Friends in the English Plantations of America , are to this Hour lying in the Hands of those Friends ; who wrote back hither , That by Reason of the Strictness and Severity of those Proclamations , they durst not venture to foreward the said Packets to the Colony ; because , if they should happen to be discovered in holding any such Correspondence ( as Ten to One but they would ) the least that they could expect , was Confinement , and to be afterwards sined at the next Grand Session , by the Discretion of a Jury , and that the Discretion of that Jury would be directed by the degree of Love they bear our Country , and the Wishes they have to the Prosperity of an Undertaking of this Nature . By which it is plain , That the Proclamations have put a stop to the Colony's getting Intelligence from hence , and that if no such Proclamations had been issued forth , there had been no such indispensible Necessity for Packet-Boats , to have been sent directly from hence to the Colony , at least before the Directors had an account of their Settlement , as some mighty Pretenders will tell us now there was . And yet nevertheless , it 's evident by what has been already said , that the Directors did positively intend to have dispatched a Vessel with Advice and Provisions to the Colony very soon after their Departure from Leith ; and for that end , used all other endeavours by Petition , and otherwise , to have procured one or two of the small Friggots , which are still lying useless in Bruntisland-Harbour , as being the fittest they could think of , for that Purpose ; and in regard that the Parliament was pleas'd to order the building of those Friggots for the Security and Advantage of the Trade of the Kingdom , and that the Conclusion of the General Peace , took away all manner of Occasion for them in the narrow Seas , it was thought they could not be otherwise so well imploy'd , as in carrying on and supporting the Designs and Interest of this Company , especially since the Estates of Parliament , by their Address , formerly recited , were pleased to express a singular Concern for it's Prosperity and Welfare . And if the Directors said Petition had been seconded , as well as was expected , and that they had got the Use of all or any of the said Friggots , there had been , in all probability , no such occasion of Clamour against them , as now there is , for not having sent any Ships directly from hence to the Colony , soon enough , with Provisions and Intelligence . But nevertheless , 't is likewise evident , by what has been already narrated , that upon the Directors losing Hopes of procuring any of the said Friggots , they came to a positive Resolution of dispatching a small Vessel , directly from hence to the Colony , with Advice and Provisions , in the Month of January at furthest ; tho' , as cross Fate would have it , she happen'd to be such a Ship , as could not well be fitted out for such a Voyage , in some Months time thereafter : Upon discovery whereof , they fitted another small Vessel , which sail'd from Clyde in the Month of February , but was unluckily Shipwrack'd by a violent Storm on the West-Coast of Scotland , as I have formerly narrated . Yet still there are some , who ( right or wrong ) will have the Management bear the sole Blame of all the Mis-fortunes that have happen'd to the Company and Colony , and stick not to say too , that the Colony's coming away , in the manner they did , was not occasion'd so much by the Effects of those Proclamations , as by the Treachery and Villainy of some of their own Number . Well , let us for once suppose there was Treachery in the Case ; does that lessen the Effects of those Proclamations ? No certainly , but rather aggravates : For if there was any Treachery in the case , these Proclamations gave the Traitors a better Handle to work by , than any other Pretence they could have made use of . I would gladly know further , whether we can suppose there could be Treachery , without supposing at the same time , that some Person or other must have brib'd the Traitor ? And if so , it seems natural to believe , that none would be so ready to do that , as some of those who were concerned in issuing forth those Proclamations : So that still we are cloven to pieces with a Wedge of the same Timber . Nay further , what if ( notwithstanding of those Proclamations ) the Colony had never budged , but remained still in their Settlement , in a flourishing Condition ; and that they had been in such Circumstances , that the Proclamations could have done them no Harm ? Shall any Man therefore mantain , that the issuing forth of those Proclamations was a good and harmless Thing ? Sure no Man has Face enough to say so : For , their having , or not having , the design'd Effect , could not at all alter the Nature or Intention of them . But really , for my part , I cannot conceive how it could be possible , for a Colony , consisting of the King of Britain's Subjects , to have been in any such good circumstances , but that those Proclamations must necessarly have done them a vast prejudice , if not ruin'd them : For , suppose that in the Month of May last , when they got the first Copy of the Jamaica-Proclamation , they had been all in perfect Health and Vigour , and had had plenty of fresh Provisions , strong Liquors , and all other Necessaries whatsoever , lying by them in store ; What then ? Must they not have seen at first view , and considered , that by the said Proclamation they were declared to have actually broken the Peace entred into with his Majesty's Allies , by settling at Darien ; and that therefore they must expect to have been treated as Pyrates ? Must they not have considered , that tho' the said Proclamation was emitted against them in the King of England's Name only , that yet the same person was King of Scotland also ; and that the Matter being so , they could have but small Hopes of being vigorously protected by the King of Scotland against the King of England's Proclamations ? Must they not have considered , that their then declared Enemies , the Spaniards , would undoubtedly be thereby encouraged to pursue their Ends against them with greater Assurance and much more Vigor , than perhaps otherways they durst have done ? Must they not have considered , that upon every the least Discontent or capricious Humor of any of their own People , this Proclamation would be made use of as a Handle to be very troublesome and uneasy to the rest of the Colony ? ( as indeed it has been to their sad Experience ) Must they not think , that since the said Proclamation was published in his Majesty's Name , that undoubtedly it must needs have been legally founded upon some positive Law , tho' they knew nothing of it ? And must not the Consideration of all these together , have distracted and confounded the Thoughts , Resolutions , and Measures of any Sett of Men that could have been in the Colony ? unless they had unanimously resolved to have turn'd Pyrates indeed ; and to have cast off all manner of Loyalty and Obedience to his Majesty ; And in that same case , they must have resolved to have been dis-own'd by Scotland , as well as by England : And if so , pray from whom then must they have expected Protection ? And here I cannot suffer my self to pass by , without taking notice of some Persons , who would pretend to palliat or skin over any thing that may relate to those Proclamations , upon a Suggestion , as if they had been ( forsooth ) necessarly emitted in compliance with , and in prosecution of , an alledged English Act of Parliament ; and that therefore any particular Person or Persons , cannot well be quarrelled for the same : Which being a Suggestion that cannot well be obviated , without having recourse to the English Acts of Parliament ; and but few People here having occasion to be acquainted with them , I reckon it may not be thought much amiss to touch such of them , as can any ways relate to the Matter in hand , and shall therefore do it as succinctly as I can . Every Body knows , that by the English Act of Navigation , 12. Car. 2. Cap. 18. It is Enacted , that no Goods shall be imported into , or exported out of , any of the English Plantations in America , in other Vessels than such as belong only to the People of England , or Ireland , or Wales , or Town of Berwick , or any of the said Plantations ; and whereof the Master and three Fourths of the Mariners shall be English , under the Pains and Penalties mention'd in the said Act. Since which time , neither we , nor the People of any other Nation , can pretend to any Right , or Freedom of Trade and Commerce , with the said Plantations , except in Ships qualified as above : So that the having of any such Freedom , is what the Company never contended for . By the very same Act , It is likewise specially Enacted , that no Sugars , Tobacco , Cotton-Wool , Indicoes , Ginger , Fustick , or any other Dying Wood , of the Growth of any English Plantations in America , shall be transported to any Place , other than to some English Plantation , or to England , Ireland , Wales , or Town of Berwick , on pain to forfeit both Ship and Cargo . And this being a particular Enumeration of the several Commodities , which are prohibited by the said Act to be transported into any Place or Plantation belonging to Forreigners ; it follows of Consequence , That all manner of Provisions , and other Necessaries whatsoever , which were not prohibited by the said Act , might be transported from the English Plantations , in Ships qualified as aforesaid , whethersoever the Master should think fitt . And that it has been , all along , the constant Practice of such Masters , as Sail commonly from New-England , New-York , and the other Northernmost Plantations of America , to do so , is what , I suppose , none that knows any thing of that Trade will deny : And tho' , upon Complaints made , in the Year 1695 , to the Parliament of England , of some Frauds and Abuses committed in the Plantation-Trade , contrary to the Act above-recited , they thought fit to superinduce some new Act , with very strict Clauses , to inforce , and put in Practice , the true Intent and Meaning of the said first Act ; yet I dare adventure to say , that no Man can let me see an Act of the Parliament of England , laying any such Restraint on the Inhabitants of the English Plantations in America , as that they cannot carry or sell Provisions to any Forreign Place or Plantation whatsoever : Which makes the Hardships of these Proclamations still the greater in this , that we , who are His Majesty's own Subjects , should be denyed the common Benefit of having our Colony supplied with Provisions , from the English Plantations , by English Vessels , in the ordinary way of Commerce ; while , at the same time , it is most certain , that neither the Dutch at Curacao , the Danes at St. Thomas , the French at St. Christophers , Martinico , Petitguavis , or Hispaniola , nor the Portuguise at the Maderas , or Tessera-Islands , were , ever to this Hour , denyed the Benefit thereof , except in the Case of declared War : And even then too , the selling them Provisions , and perhaps some other Merchandise likewise , is often wink 't at ; as is at this time , the carrying of Provisions , Negro's and other Commodities , from the English Plantations , to several parts of the Spanish Dominions in the West-Indies : So that , to our Comfort , we are the only Nation under Heaven , ( that I could ever yet hear of ) against whom any such Proclamations have been published by the English , in their American Plantations . Nor was it thought enough , that , upon the first Orders sent from England , dated , as I am informed , the second Day of January 1698 / 9 , the said Proclamations , against our Colony , were published in Barbados and Jamaica in the Month of April , and in all the other English Plantations , in some short time thereafter ; But that , upon second Orders , a second Fleece of Proclamations should be likewise published by the same Persons , and in the same Places , to let the World see that the first were not grounded upon Mistake , but that they were resolved to make their Putt good : For upon the 5th day of September last , a second Proclamation , pretty near in Substance with the former , was published in Barbados ; and some of those lately come from New-York , in the Company 's Ship the Caledonia , do Report , That three or four Days before they set sail from thence , there were fresh Orders arriv'd at New-England , for emitting and publishing second Proclamations in those parts , against our Colony ; which gives us sufficient ground to believe that like Orders were sent to all the other Plantations . Yet such as have a Mind to be Talking , will always find something to Amuse the Multitude withal , be it never so little to the purpose : And thus we find some People still urging , that notwithstanding of those Proclamations , some Inhabitants in the English Plantations , who are Zealous Well-Wishers to this Undertaking , have , since the Publication of those Proclamations , sent some Sloops and Brigantines to the Colony ; and that therefore the Proclamations were not the Occasion of the Colony's coming away from Darien , but that the same proceeded from other Causes ; and that if the Colony had staid still , and maintain'd their Settlement , more Sloops and Brigantines would , beyond all peradventure , be sent to them from time to time , till the Company 's own Ships should arrive there . Well! All this is very plausible ; and I think our Nation , as well as the Company , is very much beholden to the Generous and Kind Inclinations of those Gentlemen , who ventured any part of their own Interest so frankly , to support that of the Company or Colony : But , as it happen'd , Pray what was the Colony the better for it ? Did any of those Sloops or Brigantins arrive at Darien , before the Colony's Departure thence ? Or had the Colony so much as the least Advice , that any such Vessels were a-coming to them ? No certainly , I suppose no Man can or will say so ; And without that , they say nothing at all : For , how mean soever my Opin on may perhaps be of the Colony's Conduct and Resolution , not only upon that unlucky Occasion , but in other Respects too : Yet I have so much Charity , as to believe sincerely , that if they had expected any such Vessels to have come to them with Provisions , in any reasonable time , or if they had known , that they had any such real Friends and Well-Wishers in the English Plantations , as it seems they had , or that Supplies and Recruits were so near them coming from Scotland , that they would not have come away from Darien , at least , before they had had some certain and positive Orders from the Company , how to behave with relation to those Proclamations : But so it is , to their own and the Company 's Sorrow , as well as the Nations Disgrace , whatever may be the Occasion of it , away , you see , they are come , as ill Luck would have it : Quae volunt Fata , non tollunt Vota . Upon the Directors having received certain Intelligence of this Tragical and Unexpected Emergency , they laid the whole Matter in Writing before the Council-General of the Company ; who thereupon thought fit , in most Dutiful and Humble Manner , to represent the same to His Majesty , by their Petition of the 29 th . of October last , wherein they seem to intimat , that without some special Testimonies and Evidence of His Majesty's Gracious Favour , and Royal Protection , as well as the Assistance of a Parliament , they could not well expect , but that the best of their Endeavours , for carrying on and supporting an Undertaking of this Nature , must prove altogether vain : And therefore , their Petition consisted briefly of two Articles , 1st . That His Majesty would be graciously pleased to take off the Force and Effects of these Proclamations ; And , 2dly , That His Majesty would allow the Parliament to meet in November last , it being adjourn'd till that time . They at the same time Address'd His Majesty's most Honourable Privy Council , with relation to the Contents of their said Petition to His Majesty ; But what the Privy Council did therein , I know not : And as for His Majesty's Answer to the said Petition , you have already seen it , so I shall not presume to make any Comments upon it . However the Council-General of the Company having , it seems , about the beginning of this Month , resolved to Address His Majesty , in a most Dutiful Manner , upon an other Head ; And considering , that none of their former Addresses or Petitions had such Success , as they could have wish'd for , and that they were all transmitted , in the ordinary way , to the Secretary of State , in waiting for the time ; they resolved to send this Address by one of their own Number , who should , at the same time , have particular Instructions with relation to the Contents of their former Petitions , and should carry along with him Letters to the Secretaries of State , intimating his Business and entreating their Concurrence . Whether this Method may produce better Effects than their former , I know not ; but some People are pleased to prognosticat , that if in this as well as in former Ages , there should happen to be any such Favourites or Courtiers near his Majesties Person , as may perhaps endeavour to make a Monopoly of the King's Ear , that it will never be pleasing to such to see any Corn pass by their own Mills ; and that therefore they may readily endeavour to give it a State-Turn : But until I see it , I shall never suffer my self to believe any such thing ; for as the King is a Gracious Prince , so his Ears will be equally open to all his People . I am informed , That the West India Merchants , or at least their Agents at London , are now preparing a Representation to be made ( if not already done ) complaining that the Proclamations which were published in the Plantations , strictly forbidding them to carry or sell Provisions or other Necessaries to the Scots Colony , are contrary to their Rights and Liberties , and prejudicial to their Interests ; and that the Friends of the several Governours , who publish'd those Proclamations happening to hear thereof , are endeavouring to stiffle these Complaints as much as they can : But what Truth there may be in this , a little time must shew . I am likewise just now told , that his Majesty has been graciously pleased to declare that he knew nothing of those West-India Proclamations , till he had seen Copies of them come from thence : And if indeed it be true , that his Majesty has said so ( as I hope it is ) I reckon it would be no very hard Matter to name some few Persons who have a great deal to answer for . I remember the judicious Montaigne , in his political Essays , observes it , as a Misfortune commonly incident to a Nation that is under the Government of a Prince living in another Country , That any Nation so stated , is seldom or never Govern'd according to the real Inclination of the Prince , or the true Interest of the People ; so much as according to the Humors , Affections , and Designs of his Ministers : For that he seeing only with their Eyes , and hearing but withtheir Ears , cannot possibly know the true State , Condition and Interest of a Distant Nation , nor the Humors and Inclinations of its Inhabitants , any thing near so well as if he lived amongst them . Seneca in his Treatise of Benefits , puts the Question , Quid omnia possidentibus deest ? What can a Man want that has every thing ? And he answers himself , Ille qui verum dicat . One that will tell him the Truth . And really of all Men living , I think Kings and Princes stand most in need of having such Men near their Persons . And I wish , from my Heart , That all those who , at any time , have occasion to be at the Helm of publick Affairs in any Kingdom or State whatsoever , would seriously consider what the Learned and wise Statesman ; Sir Francis Bacon observes by way of Precaution , in his Judicious and Celebrated Essays . As for Discontentments ( says he ) they are in the politick Body like to Humors in the Natural , which are apt to gather preter-natural Heat , and to enflame . And let no Prince measure the Danger of them by this , whether they be Just or Unjust : For that were to imagine People to be too Reasonable , who do often Spurn at their own Good : Nor yet by this , whether the Griefs whereupon they rise , be in Fact great or small ; for they are the most dangerous Discontentments , where the Fear is greater than the Feeling . Dolendi modus , Timendi non item . Besides , in great Oppressions , the same things that provoke the Patience , do withal mate the Courage ; but in Fears it is not so . Neither let any Prince or State be secure concerning Discontentments , because they have been often , or have been long ; and yet no Peril hath ensued : For as it is true , that every Vapour or Fume doth not turn into a Storm ; so it is nevertheless true , that Storms , tho' they blow over divers times , yet may fall at last : And as the Spanish Proverb noteth well , The Cord breaketh at the last , by the weakest Pull . One Material Passage I had almost forgot : Upon the first Advice that the Council-General of the Company had of the Colony's safe Arrival and Settlement in Darien , they gave His Majesty an Account thereof , by a very Dutiful Letter , bearing Date at Edinburgh , the 31 st . Day of March last , wherein they particularly condescended upon its being a Place Uninhabited , and never before possess'd by any European Prince or State whatsoever , and that upon the Request , and with the Consent of the Neighbouring Natives , they Landed and Settled there , ( which consequently made it a Place precisely in the Terms of His Majesty's Acts of Parliament and Letters Patent ) And withal , that they were positively informed , that the French had a Design upon all that Coast , or at least to make a Settlement some where thereabouts ; And therefore humbly offered to His Majesty's Consideration , how that the firm Settlement of the Scots Colony there , might be a Means of preventing , or at least , lessening the evil Consequences that might arise to His Majesty's Kingdoms and Dominions every where , by the Settlement of any powerful Forreign Neighbour in , upon , or near any part of that Coast ; And therefore confidently expected His Majesty's Royal Favour and Protection , in the Maintainanee of such an Important Settlement , as having , in all the Steps of their Conduct , through the whole Course of this Affair , strictly observed the Conditions required by the said Acts of Parliament , and Letters Patent . And in another Letter , at the same time , to both the Secretaries of State , they have , amongst several other Particulars , the following Paragraph : As to the French Designs of settling thereabouts , ( meaning on the Coast of Darien ) " it is a Point not to be doubted of ; for , in order thereunto , they have already been Tampering with several of the Natives , some of whom they have endeavoured to have carried into France ; and we have very good reason to believe , that a further Progress had been made in that Matter before now , were it not the dayly Expectations which that Court had of the King of Spain's Death . Which , we humbly conceive , is a Matter worthy of His Majesty's Consideration , and of no small Concern to the Interest of his whole Dominions , tho' this Nation , and our Company , may seem to be more immediatly interested at present . And to certifie further , That the French designs upon that Coast did not consist in Imagination only ; Mr. Paterson , one of the Councellours of the Colony , and Captain Robert Drummond , Commander of one of the Company 's Ships the Caledonia , have , by Declaration under their Hands , signified to the Directors , the Contents of a Letter written in March last , by the Governour of Portobell to the Commander of a French Sloop , which was imployed by the Spaniards to perswade the Indians of the Samballo's to join against the Scots Colony at Caledonia . The Letter was written in Spanish , and found in a Bottle by some of our Colony on board of the said Sloop , near the Samballos , where she was left deserted and owned by no Body ; and the Contents of the said Letter is in Substance as followeth . Sir , I have received Advice from Monsieur Du Cass , Governour of Petitguavis , wherein he assures me , that rather than fail , he will come himself in Person ; but however , he will send four Friggots to assist us in rioting the Scots out of Darien . You may assure Ambrosio , Corbet , Pedro , and the rest of the Indians of the Samballos , That if they continue to help , and keep Correspondence with the Scots , that not only the Spaniards , but likewise the French , will revenge it upon them : But if on the contrary , they will join with us to destroy and root out these Scots , they shall be well rewarded and gratified for their Pains . I shall make no Reflections on this Matter , nor shall I pretend to Prophesy ; but any one of but an ordinary reach in Speculation , may easily see , that it 's very possible there may be such a Juncture of time , that the English Nation may come to wish , that this Company had never met with such unreasonable Obstructions in the prosecution of their Designs , as they have done : Nor am I out of Hopes of seeing , perhaps , some of the wisest Men of our Neighbouring Nation , become so sensible of the Folly , as well as the Injustice of the unaccountable Treatment which the Company met with , that they may think it their Interest , even to contribute to the Mantenance of such an important Settlement on that Isthmus , which now affords so much Matter of Speculation to the most considerable Courts in Europe . Proestat sero sapere , quam nunquam . My Lord , I need not tell you the Ferment that the Body of the Nation seems to be in , upon Account of the Disasters and Misfortunes , that have attended the Undertakings of this Company ; and really , since the Affections , as well as the Interests of many People seem to be wrapt up in its Fate ; I wish , with all my Heart , that those at the Helm would think of falling upon some agreeable Expedient , for quieting the Minds of People upon this Head , by doing something or other , that may let the World see , that the Company is not so destitute of Protection , in the Prosecution of its Honest and Lawful Undertakings , as now ( alas ! ) it seems to be . Now if it should so happen , that through the Stupid Ignorance of some , the Supine Neglect and Indifference of others , the Industrious Suggestions and Malicious Detractions of a Third , the Dreaming Delusions and Imaginary Fears of a Fourth , the Servile and Mercenary Backwardness of a Fifth , or the Humorsom Factions and Divisions of a Sixth Sort of People , the Body of the Nation should be discouraged from concurring unanimously , in representing the whole Nations Concern in this Matter to His Majesty , and in endeavouring to procure some Gracious Marks of His Majesty's Royal Favour and Protection to the Company ; Or if that , through the want thereof , together with the Company 's other Misfortunes , the Designs of so Noble , Great and Generous an Undertaking should happen to be frustrated , and that so many brave Men as are lately sent to maintain the Company 's Settlement in Darien , should perish in the Design ( which God forbid ) as most of those that went on the first Expedition did ; then may we justly expostulat with Heaven in the Words of the Royal Psalmist upon an other Occasion , Thou makest us a Reproach to our Neighbours , a Scorn and a Derision to them that are round about us . Thou makest us a By-word among the Heathen , and a Shaking of the Head among the People , Psalm 44. 13. 14. But I am still in Hopes of better Things , and that all those , in whose Power it is , in their several Capacities , to contribute any thing towards the aiding , assisting , carrying on , supporting or protecting this Noble and Just Undertaking , will , sooner or later , be of Sir Francis Bacon's Opinion , in his Excellent Essay upon Plantations , where he hath the following Words ; The Principal Thing that hath been the Destruction of most Plantations , hath been the Base and Hasty Drawing of Profit in the first Years : It is true , speedy Profit is not to be neglected , as far as may stand with the Good of the Plantation , but no further . Then , after having given his full Advice and Opinion , in many Useful Particulars , in the Way and Manner of Settling and Carrying on a Plantation , he concludes expresly thus : It is the Sinfullest Thing in the World , to forsake or destitute a Plantation once in Forwardness ; for besides the Dishonour , it is Guiltiuess of Blood of many Commiserable Persons : Tu ne cede malis , sed contra audentior ito My Lord , I am not ignorant of my own Incapacity , for Discussing Judiciously such Intricat Points , as are interwoven throughout this Letter : But according to the Information that I have had , ( which I dare say is pretty good ) I have endeavoured , as no●… as I could , to place every particular Matter of Fact in its due plac● according to Order of Time , and to assert nothing as such , but what I have unquestionable ground to believe is Truth . I have studied throughout the whole to shun Personal Reflections as much as possible , but if any particular Person fancy to himself , that he is comprehended under this or that general head , let him blame his own Actions for bringing him under any disagreeable Predicament : If I seem to shew any more than ordinary Zeal in the just Vindication of the Management , it is because I have seen it so very lately attacked in such a publick manner as was not expected . I am , My Lord , Your Lordship 's most obedient Servant . P. C. 
A33543	----	A continuation of the historical relation of the late General Assembly in Scotland with an account of the commissions of that assembly, and other particulars concerning the present state of the church in that kingdom. Cockburn, John, 1652-1729. 1691 Approx. 206 KB of XML-encoded text transcribed from 39 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). A33543 Wing C4805 ESTC R2774 12131178 ocm 12131178 54716 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33543) Transcribed from: (Early English Books Online ; image set 54716) Images scanned from microfilm: (Early English books, 1641-1700 ; 887:7) A continuation of the historical relation of the late General Assembly in Scotland with an account of the commissions of that assembly, and other particulars concerning the present state of the church in that kingdom. Cockburn, John, 1652-1729. 75, [1] p. Printed by B. Griffin, for Samuel Keble ..., London : 1691. Reproduction of original in Union Theological Seminary Library, New York. Attributed to John Cockburn. cf. NUC pre-1956. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland. -- General Assembly. Scotland -- Church history -- 17th century. 2003-06 TCP Assigned for keying and markup 2003-06 Aptara Keyed and coded from ProQuest page images 2003-08 Judith Siefring Sampled and proofread 2003-08 Judith Siefring Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion A CONTINUATION OF THE Historical Relation Of the late General Assembly IN SCOTLAND , With an Account of the Commissions of that Assembly , and other particulars concerning the present State of the Church in that Kingdom . They know not , neither will they understand ; they walk on in Darkness , Psal. 82. 5th . Licens'd , November 14th . 1691. LONDON : Printed by B. Griffin , for Samuel Keble , at the Great Turk's-Head in Fleetstreet , over against Fetter-lane-End . 1691. A CONTINUATION OF THE HISTORICAL RELATION Of the Late GENERAL ASSEMBLY IN SCOTLAND , &c. IT is in Writing as in Building , when once a man engageth him self in it , before he hath done he is necessitated to carr●y it on further than what he first thought on . The Historical Relation of the late General Assembly in Scotland , was at first extorted from me by the Curiosity of a private Friend , who afterwards prevailed to have it published : When I yielded to it , I thought my business was done , and expected no further trouble , but now I am made to believe , that there lies an obligation upon me , to continue the History of our Presbyterians in Scotland , because my former Relation hath increased in many a Curiosity to understand more and more , of the Genius and Actings of that party , and because what I have done , will be incompleat if I do not add to it an Account of the Commission of that Assembly , for the South and for the North of Scotland . I know that by such enterprises , I expose my self to the malice and aspersions of a party , of whose Revenge and Calumnies we have frequent instances , but seeing I have already dipt my Hand in the affair , I will proceed in it , for what ever prejudice it may be to my self , it may be an advantage to Posterity to lay open the Errors and Miscarriages of those , who , to the destruction of many , have set themselves up as the true Lights of the World. The false Opinion which the World had of the Presbyterian party , has twice been the occasion of Shipwrack to the Church of Scotland , and it may be expected , that the shewing them such as they are , may both prevent it a third time , and also help to recover it for this , for I hope people will not be so mad as to suffer themselves any more , to be led blindly by such Guides as they see have not knowledge enough to qualifie them for the Office ; and who while they pretend to be the purest part of Christians , commit such things as even Heathens would scruple at . Since the publishing of the Historical Relation of the General Assembly , they have Printed the principal Acts of the General Assembly , with an Index or Table , of such Acts as were not thought fit to be published . By this , the truth of many particulars in my former Relation is confirmed , only I find a mistake in one or two Acts I made mention of , as also one or two more which were altogether omitted . In the 52d page of the Historical Relation of the General Assembly , It was said that Pedagogues , Chapla●ns and Students , were appointed to own and subscribe the Confession of Faith , but I find in the first Article of that Act , Intituled , An Act approving several Overtures , which relates to that matter . That Probationers Licensed to Preach , Intrants into the Ministry , and all other Ministers and Elders received into Communion with them in Church Government , are obliged to this , and no mention of Pedag●gues , Chaplains , and Students ; but I am assured , that they were named in the first draught of the Act presented to the Assembly , and those who informed me , did not advert to the alteration of it , which was caused by the Commissioner , who knew that otherwise it would occasion no little disturbance in this Country , for as there were many Pedagogues and Chaplains , who would have refused it , so the Families , in which they are , would have been disgusted with the Government , if they had been obliged to part with them . Again , it was said , page 61. That Mr. Gilbert Rule was joined to Mr. Alexander Pitcairn , for writing an answer to the printed accounts of the Persecution of the Episcopal Clergy , and that the latter had excused himself for not doing it sooner , by the want of due information of matter of fact , but it appears now from the Index of their imprinted Acts , that this task is wholly committed to Mr. Gilbert Rule : And Mr. Pit●airn declared lately to one of my acquaintance , that he refused that employment altogether at the Assembly , because by some informations that had been sent to 〈◊〉 , he saw these accounts could not be otherwise answered than by justifying of the Rabble , which he neither would , nor could do . My Authors do not remember , that they heard such free and plain Language at the Assembly , and certainly it was too remarkable not to be taken notice of● but because Mr. Pitcairn saith it , I make no doubt but this hath passed in some private Committee , where he hath expressed himself so freely upon this head , that they found him too honest and ingenuous for serving their designs , and have thought Mr. Gilbert Rule a fitter Tool by far for their purpose . The time of the sitting of a new Assembly doth approach , to which he is obliged to give an account of his diligence , and yet nothing of this nature has appeared from him , from which we may conclude , that he finds the task very hard for him , and that he is much puzzled both at once to save his honesty , and to excuse his party . If he be the Author of that Pamphlet , Intituled , A Vindication of the Church of Scotland ( which is an answer to the ten Questions about Presbyterians ) as is commonly reported and believed , we may easily guess how , and after what manner he is to answer these accounts , viz. First , By an impudent denial of the Truth . Secondly , By extenuating the sufferings of our Clergy , in comparison of what they suffered ; for it 's said there , that all the instances alledged are false , and that any one of many amongst them , suffered more than all the Episcopal Clergy . His ingenuity in the first , appears from what I have said of Mr. Pitcairn , who refused to make any reply to these printed accounts , because the information sent to him confirmed the truth of them : And as to the other , tho it were true that they suffered as much , or more , yet that is no reasonable excuse for the present sufferings of the Episcopal Clergy ; as the common Proverb is , Two Blacks make not a White : Nor will it justifie the ills and grievances of the present times , that in former times there were as great and as many . If they had had a due sense of their sufferings , or if they had rightly improved them , this would have prompted them to Mercy and Compassion . The Spirit of Christ teacheth us as to bear the Cross , when it is on our selves , patiently and chearfully , ●o to prevent it in others , as much as is possible , and when it falls upon them , to ease and relieve them all we can : It maketh men gentle and meek , and to deal tenderly with one another , but it seems they are acted by another Spirit , viz. A Spirit of Bitterness , Cruelty , and Revenge , which makes them forward to render others miserable , and to take pleasure when they see them afflicted . But it is not true , that either any or all of them suffered so much as the Episcopal Clergy have in this Revolution . Indeed , by the Act of Glasgow , which proved fatal both to Church and State , a good many Ministers were laid aside , or rather they made a pretext of it to lay themselves aside , thinking by their number to render the Government odious , or to oblige it to revoke that Act , which required their submission to Episcopacy ; but this is nothing comparable to the treatment our Ministers met with from the Rabble . They were forewarned by the Act of Glasgow , and had several months allowed them to deliberate upon it , and were suffered , even after the expiring of the term prescribed by that Act , to possess their Houses , and to take up their Stipends ; nay , very many continued still in the exercise of their Ministry , and were con●ived at by the Government till the year 1683. and a great many also of those , who were actually turned out , were again indulged by the Clemency of the King and Government , to go to other Parishes , which was the occasion of a Schism among them , for they who had not the benefit of the Indulgence , envied them who had it , and divided from them , and uttered bitter words against them , which obliged them to make a Vindication of themselves in a Book , Intituled , A Review of the History of the Indulgence ; but the treatment of our Ministers was summary , and the proceedings against them very cruel and severe . The Rabble surprised them , assaulted them in the Night , allowed them not the least respite , but Barbarously thrust them , their Wives and Children , instantly out of Doors . Nor had they time given them to dispose of their Goods , to gather in their Debts , or provide necessary sustenance for themselves and Families : So , many who might have otherwise lived well enough , are at present in a starving condition , and are necessitated to receive Alms , that they and their Families may not quite perish . Besides , some have sustained the loss of their Wives , others of their Children , and some of both , occasioned by the inhumane usage of the Rabble . And whatever the Episcopal Clergy have suffered at this time , they have suffered meerly upon the account of Episcopacy , whereas in the late times , none ever suffered meerly upon the account of Presbytery . See Sir Geo. Mackenzie's defence of the Reign of King Charles the 2d . Some of them indeed were Hanged , as King , and Kid , and two or three more , very deservedly , because they were guilty of Sedition and Rebellion against the Government . There was never any severity shewed towards them , till they were found Ploting , and then indeed the security of the Government did oblige our Rulers to have a strict eye over them , and by all means to curb them . And what Government would not be severe to men of their principles , who hold it lawful to Deth●one and Kill Kings , and to Murder those imployed by them , if they do not act agreeably to their minds ; and who have put those principles in practise as often as they had occasion ? The Acts which were omitted were , first , That whereby John Blair was Elected to be Agent for the Church . This person serveth the Kirk as the Kings Sollicitor serveth the State ; he conveyeth the Orders of the General Assembly and Commission , to particular Presbyteries and Synods ; pursueth all the causes wherein the Kirk is concerned ; and that the Civil Authority may assist that of the Kirk , he takes out Letters of Summons from the Council against such as contravene , and refuse obedience to their Acts : Nay , in his Name , some have been charged only 〈◊〉 not complying with the Civil Government . This the Sollicitor takes ill , and considereth it as an encroachment on his Office , which hath made him put a stop to some of the Letters of Summons that were thus issued out ; but if Presbytery prosper , the Sollicitor may come to pay for this , and be made sensible that their Agent is his equal , if not his superiour , for they will not acknowledge their power subordinate to that of Kings . It 's allowable enough in the Agent to assume a part of the Sollicitors Office , when his Masters taken upon them to manage and direct the supreme Civil Power it self . In the Reigns of K. Charles and K. Iames , the Laws sometimes put Ministers on the invidious imployment of giving up Lists of Dissinters and dis●ffected persons within their Parishes , for which the Presbyterians accused them , as having a persecuting Spirit ; but let it now be considered , who may most truly be charged with it , whether the Episcopal Party , who did what they did with great reluctancy , by force and compulsion of the Law , and who , as is well known , endeavoured to save all they could , or the present Presbyterians , who willingly , and without Law , dela●e and accuse such as they think obnoxious to the Government ; and who have established an Office , and installed a person in it , on purpose to search out such as might be thought guilty , and who at their instigation has caused Summon and charge several , whom the Government conni●ed at and passed over ; but this is conform to the fourth Article of the Solemn League and Covenant , which binds every man to be a Spy and an Informer , even against his dearest Friends , and nearest Relations . Another thing passed over , is a Declaration of the Moderator , that this Assembly would depose no incumbent , simply for their Iudgment anent the Government of the Church , nor urge Re-ordination upon them . I do not remember to have heard of this before , and now we have it only in the Table of their unprinted Acts. If this had been set down at length , we could have understood it better , and that it has not been fully printed , but hudled obscurely in amongst the unprinted Acts , which few read over , makes me suspect that there is some trick in it . When the Moderator made this Declaration , it was then , as it seems , designed to shew their Moderation , and seeing they would not have it known to all men , it is a sign that they are now ashamed of it . However , we may observe , that this 〈◊〉 Act of the Assembly , but only a Declaration of the Moderator , which cannot bind Synods and Presbyteries , for if any objection should be made to them about it , they can easily reply . That he had done it of his own hend , and not by any order of the Brethren . An instance of the like treatment we have in Mr. Lyon of Kinghorn , he was suspended by the Presbyt●ry of 〈◊〉 , from whom 〈…〉 to the General Assembly , which appointed a Committ●● ●or ●ons●●●ring his 〈◊〉 ; this Committee found nothing material for inflicting such a censure upon him , and therefore gave their advice that he should be reponed , which was done ; but since that time , a Synod in Fife will have him again laid aside upon the former Indictment , telling him , that the private judgment or advice of a particular Committe , did not oblige them , seeing the Assembly made no Act in his favour . ` Again , it is said , that they will not depose them simply for their judgment about the Government of the Church , that is , for this thing only ; but withal , it implies , that this may be one reason , and we see it is often made a principal one , for they lay such stress upon it , that for this cause they set Spies on persons actions , and search out all that can be said to render any odious , who differ from them in this matter . It is evident , that persons principles , together with the places which they held , has been the great motive of prosecuting them hitherto ; but what is most remarkable is , that it s said they will not urge Re-ordination upon them , for not to urge a thing , certainly imports this much , That they may require it , tho for grave and weighty reasons they will also dispense with it . It was advisedly done to make this only a Declaration of the Moderator , for it would not probably have passed into an Act ; for tho there be none other in the World , who call in question the lawfulness and validity of Episcopal Ordination ( Boxter himself believed it so necessary , that he would needs be ordained by a Bishop ( if I remember aright 't was Bishop Hall ) after he had received the Ordination of Presbyters ) yet the most of them at present , carry things so high , as to deny the lawfulness of it , and there are some instances of Re-ordination in the former times of Presbytery ; so little do they regard the Ordination and Ministerial Authority of Episcopal men , that it has been declared frequently in their Sermons , that all the time of Episcopacy , people have been without a Ministry , and without Sacraments . Some two or three years ago , there was one who preached up this Doctrine so warmly , in and about the Lead-Mines of Hopton , that , as was reported , he prevail'd with many to suffer themselves to be Re-baptized , and Re-married , and had twelve pence from each of them for so doing . And one Mr. Cassine in Fife , when he was admitting Elders in the Kirk of Flisk , caused them before the Congregation , to renounce their Baptism , and all the Sacraments and Ordinances , which they had received from Curates , as he called Episcopal Ministers by way of contempt . This is so true , that the Heritors and Parishioners of Abdie , did upon this very head protest against Mr. Cassine , his coming amongst them ; but notwithstanding this , the Presbytery of Couper admitted him , so that it seems they have not look'd upon that as any fault or errour . Now what jugling and hypocrisie is it ? how do they play at fast , and loose with us , when sometime they tell us , that they will make no difference on the accounts of mens judgments , and sentiments , about matters of Government ; and yet never check or censure such gross and wild extravagancies ; nay , so far from it , as to encourage such as are guilty of them , and to be forward to settle them in Churches , while others more moderate are slighted and neglected : As Mr. Alexander Orrok , who ( as all that know him say ) has more sense and learning than the most of them ; and yet , for all the vacancies , they have never bestowed one Church upon him . And they joyned with Mr. Rymer , to keep him out of St. Andrews , to which he had a Call , from the Presbyterian party there , and where he himself desired to be : And all this , because he is somewhat moderate , as to the distinguishing principles , and entertains some favourable sentiments of many of the Episcopal Clergy . And as they do not encourage their own , unless they be rigid and severe about their modell of Government , and Discipline ; so they give all discouragement to such as have served under Episcopacy , but are willing to submit to Presbytery , and to live peaceably with them , Mr. William Hamilton , offered himself with such submission , that they had no shadow of excuse , for refusing to admit him into their Communion ; but they deny him all other kindness and favour , they neither offer to repone him to either of the Churches out of which he was rabled , nor do they encourage any Call to any other ; for they have so concerted it among themselves , as that none shall invite him to Preach , or any wise imploy him . He had lately an invitation to serve the Cure at Curry , in the absence of another Mr. Hamilton , who is settled Minister there ; at first the Presbytery of Edenburgh agreed to it , but afterwards Mr. Hugh Kemedy revoked the order , and dashed it out of the minuits of the Presbytery with his own hand . He had also another Call to the Kirk and Parish of Lauder , subscribed by the Magistrates of the Town , and the most of the Heritors and Parishoners ; which when he presented to the Presbytery they rejected it , and preferred another made by five Weavers . We have another late instance of their want of moderation towards these , who differ from them , in point of Church Government , which if it do not expresly contradict the abovementioned Declaration of the Moderator of the Assembly : Yet , it clearly sheweth , that the inferiour Judicatures of Synods and Presbyters are not of that mind , nor , resolved to bind themselves up to these measures . Mr. Iohn Miller a Licentia●e under Episcopacy , who lived with that Reverend and good man Mr. Laurence Charters , and sometimes officiated for him , when he was under any bodily indisposition . This person was no ways scandalous , nor had he maleversed in any manner , nor was any crime or fault objected to him ; yet the Presbytery of Hadington did prohibite him to Preach any more within their bounds . And tho he has at divers times , addressed to them for a Licence to Preach , at such times only , when Mr. Charters sickness and infirmity disabled him for that exercise : Nevertheless , they peremptorly refused it , and do continue the former restraint , meerly because after conference , they do find him not such a 〈…〉 Presbyterian as themselves , as is manifest from the final 〈◊〉 , which he had from the Moderator of the Presbytery in Present●a , which was as follows . For as much as your answer is the same that it was the last day , and after further deliberation , you seem to be more confirmed in it , and are not clear simply to say , that you wish the conti●ance of the present Church Government , and to declare your approbation of it , and y●ur preference of it to all others , we do think fit to continue the restraint formerly laid upon you by the Presbytery . Whilst I am shewing my own omissions , I may be excused if I give an account of an omission of the Clerk or Recorder of the Assembly : Who had forgot to set down an Act said to be made by them , either amongst the Printed Acts , or in the List of the unprinted ones ; and I confess , for his excuse that I cannot meet with any person , who remembers to have heard it once mentioned in the Assembly : So that we owe the knowledge thereof , only to the Presbytery of Dalkeith , who lately declared it , upon this occasion . They sent one or two of their number sometime ago , to the Parish of Inverask , which lyeth within four Miles of Edinburgh ; to entreat them to choose a Minister ; and because this people unanimously shewed their aversion to a Presbyterian ( for of three or four thousand in that Parish , there are only some twenty , or thirty that incline to that party ) therefore there was a promise made them , that if they made choice of any good or pious man , who would submit to the Civil Government , he should be accepted of , whether he were a Presbyterian or Episcopal ; whether the person who promised this , spoke ingenuously his own sentiments , or the mind of his brethren ; whether it was said only to dispose the people to be more favourably enclined towards the Presbytery of Dalkeith , or because they saw it impossible to to get their consent to a Presbyterian Minister , I shall not enquire . But the Parish laid hold on this promise , and accordingly did commissionate some of their number to wait upon the Presbytery of Dalkeith , with a List of seven or eight persons , Episcopal Ministers , who had submitted to the Civil Government , and to entreat their allowance , for their Preaching to them , according to the promise which was made that such of them as pleased the Parish best might be called to be their , Ministers . When this was first proposed , the Moderator huffed and grew angry , and asked , if they came to abuse and reproach the brethren ? The Gentlemen replyed , they designed not to abuse any ; that what they alledged was true , and they were ready to prove it , or they would appeal to the persons themselves , who had said it . Then the Moderator told them , That if any Brother had said or promised so , he had done it rashly of his own head , and would receive a Reprimand from the Presbytery for it , that the Presbytery could allow of no such thing for there was an act of the , Assembly forbiding Episcopal Incumbents to preach out of their own Churches , or people to give them a call . So under the shadow of this invisible Act , and , in all appearance , of their own devising , they shifted the promise made to the Parish of Inverask . It was said at that time , that there was no such Act in all the History of the Assembly : To which it was replyed , that if it was not Printed , it would be Printed very shortly , which I have done , lest the honest man should fail in his word . Before I leave their Acts , it will be fit to take notice of the reasons of An Act , which was mentioned in the Historical Relation of the Assembly viz. An Act which prohibiteth private use and Administration of the Sacraments , on any account whatsoever . The Reasons of this Act are worthy to be remarked . The first of them is , That by the Authority of this Church , in her former Assemblies , the private use of them hath been condemned : Which brings to my remembrance the Character , that the Reverend and Pious Bishop Leighton , was wont to give of the Presbyterians , viz. That they made themselves the Standard of opinions and practices , and never looked either abroad into the world , to see what others were doing , nor yet back into the former times , to observe what might be warranted or recommended by Antiquity ; and as by this means , they become singular in many things , so in the point in hand , they differ from all other Churches in the World. All the Reformed Churches abroad allow the use of the Lords Supper to sick and dying persons , which they have peremptorily prohibited ; as there was nothing more ordinary in the Primitive times , which might be made appear from several instances . It was from this practice , that it received the name of Viaticum ; and seeing our Blessed Lord did institute this Holy Sacrament , for the commemorating his death , and for the conveying the blessed effects of it , to strengthen our faith and hope , and to assure us of the pardon of our Sins , and of a victory over Death and Hell , through our Lord Jesus Christ : It may be truly thought great Cruelty , to deny this sensible consort to sick and dying persons ; because they stand most in need of it ; for then it is they have the deepest sense of their sins , and the greatest fears of Death and its consequences . The other reason given by them for this prohibition , is that by allowing the private use of the Sacraments in pretended cases of necessity ; the superstitious opinion is nourished , that they are necessary to Salvation , not only as commanded duties ; but as means without which Salvation cannot be contained . Therefore the Assembly discharges the Administration of the Lords Supper to sick Persons in their Houses , and all other use of the same , except in the publick Assemblies of the Church ; and also do discharge the Administration of Baptism in private ; that is , in any place , or at any time , when the Congregation is not orderly called together , to wait on the dispensing of the Word . In which we may take notice of these particulars . First , that they deny the comfort and benefit of Christ's own Ordinances to some , because others entertain wrong notions of them , which may be more safely removed by publick and private instruction . Secondly that they restrain the use of Christs Ordinances , to times and places without any Divine warrant , for the same ; And yet Mr. Rule hath laid it down as a principal ( Representation of the Presbyterian Government , page 2. ) That Christ as head of the Church hath given forth Laws , by which the affairs of the Church should be managed ; and hath not left any nomothetick power in the Church to make Laws , for her self ; her work being to declare and ex●●ute the Laws of Christ : Thirdly that they have no regard to what our Lord says , Math. 18. 20. Where two or three are gathered together in my name , there will I be amongst them ; otherwise they would not prohibit the private Administration of the Sacraments in cases of necessity and great conveniency ; in which they use only to be desired ; and even then they were never wont to be administred , but in the presence of a greater number than that our Saviour speaks of . Fourthly , this Act of theirs about Baptism proceeds from a mistake of Math. 28. 19 : as if thereby Teaching or Preaching , were appointed to go before Baptizing ; whereas the word in the Original signifies not to Preach ; but to make Disciples ; and if their sense were true , none ought to be Baptized , but such as were first taught ; and consequently Infants ought not to be Baptized at all , because incapable of being taught . Fifthly we may gather hence , their wrong notion of P●eaching and dispensing the Word , as they call it : For as Baptism was never used to be Administred , even in private , among us in Scotland , without the Word , that is , without some previous discourse of the nature of the Sacrament , of the Covenant of Grace , of our Redemption through Jesus Christ , and other points per●inent to that occasion , so their prohibiting the Administration of Baptism , without the Dispensing of the Word , ( which is done with respect to the practice of the Episcopal Clergy ) clearly shews , that they do not think the Gospel is preached , or the Word dispensed , but when one takes a Text , divides it , raises Doctrines and Uses from it , and runs 〈◊〉 into Firstlys , Secondlys , and Thirdlys , until they come to Twelf●hly and Twentiethly beloved . Finally tho the stream of this Act runs 〈◊〉 as if the Sacraments could not in any case be lawfully or duly Administred in private , yet in the conclusion it is said that this be carefully observed , when and wherever , the Lord giveth his people peace , liberty , and opportunity for their publick Assemblies ; which is added , to prevent the casting their own practices in their Teeth , and to justifie their private Administrations , if they shall happen to be reduced to the state , in which they were before this Revolution ; for they are pretty dextrous at binding and loosing themselves . And it is further to be observed , that when they want peace and liberty , it is happier for their Children ; for then they may have the benefit of Baptism in any place and at any time ; whereas now they suffer them to die without it , unless they can wait their leisure in the publick Assemblies , which falls out but once a week , except it be in some Cities . I must not let pass , how they have recorded the dissolving of the Assembly , and the appointing of another . As was said in the former relation , both these were done by the Commissioner in the Kings name , to which at the time they submitted ; but yet they intended so to record it , as if the same had been done by the simple Authority of the Assembly it self ; for they had it thus . This Assembly thought fit to dissolve it self , and to call another ; which when it was read , the Commissioner found fault with it , and desired , that it might be said , that he in his Majesties name had done it , to whom the Moderator replyed , Your Grace needs not be offended ; these things are but words , and we will not stand upon them : But the Commissioner pressing a change of the first form ; they have at last worded it thus . This Assembly being dissolved , and the next general Assembly appointed to be held at Edinburgh the first day of November next to come , the Members were dismissed with Prayer , neither did this please the Commissioner , but they would not make any express mention of the Kings Authority or of the Commissioner representing him , lest it should prove an ill president . They were careful to leave nothing upon Record , that might make against the Soveraign Supremacy , which they claim . This being all that is needful to be added to the former Relation of the General Assembly , I therefore proceed to give an Account of what has passed since , and to shew the effects and consequences of the measures laid down in the Assembly for the establishing and securing the Presbyterian Government . To keep the order of Time ; the first thing to be taken notice of , is the Synod of Lothian and Twedal , which sate down at Edinburgh on Tuesday the second of December , Mr. Areskin , who preached in the Trone Church of Edinburgh , was chosen Moderator of it ; in that Synod there was an early proof , that either moderation was not seriously recommended by the Assembly , to the particular Synods and Presbyteries , or that they had no disposition to obey : For Mr. Alexander Heriot Minister of Dalkeith , being referred to this Synod by the general Assembly , they were so far from redressing him , that instead of relaxing him from the sentence of suspension , pronounced by the Presbytery of Dalkeith ; they added to it the Sentence of Deposition and deprivation . They concluded the affair without calling upon him , or hearing his defences , and his first appearance was to hear himself deposed after the formality of reading his Libel or Indictment . Mr. Heriot was much surprised with this method and manner of proceeding , and complained of it : He told them , there was nothing more unjust than to condemn a man unheard , to let his Parties and Enemies ( meaning the Presbytery of Dalkeith , and particularly Mr. Calderwood there ) sit his Judges , and to refuse him the liberty of vindicating himself , and of clearing his innocence ; he shewed them , that the Libel or Indictment , upon which they were going to pronounce Sentence , differed from that which was given to himself , which was not fair dealing ; that a double of the particulars , which were added , should have been delivered to him , and time allowed him to answer them ; but all these things availed nothing ; for they were resolved to have him out per fas & nefas : but having told them , that as the only gross thing laid to his charge was the dancing about Bonfires , October , 14 th . 1688. So it was evident , that he was charged with this falsly and maliciously ; and that if any had sworn it , they were perjured ; for the 14 th . of October in the Year 1688 , happned to be a Lords Day , on which there never were any Bonfires , upon the hearing of this the Synod was surprised , and kept silence for a while , and sta●ed one upon another in the face ; but at last Mr. Areskin the Moderator answered , that the thing had been proven by deposition of witness ; that if there was any errour or mistake , it lay at the witnesses door , and if they had Sworn falsly , let them , said he , look to that , we are not to blame for it ; you may seek reparation from them : But in the me●n time they refused to tell him , who the witnesses were , that he might prosecute them ; Yet the starting of this made them delay the depriving him at that time , until they should try , whether he would willingly dimit his charge ; and for that end they appointed some of their number , both Laicks and Ministers , to wait upon him and confer with him . They told him that the Church of Dalkeith was a conspicuous place , and the Presbytery seat ; and therefore they could not suffer it to be in the possession of one of his Circumstances , that is , of one who had served under Episcopacy ; but if he would dimit , they would pass from the libel and recommend him to some other vacant Church , which he peremptorily refused , because he thought a voluntary dimission seemed to infer an acknowledgement of the guilt ; therefore the next day they overcame all difficulties , and formally deposed him , thereby shewing , that they would commit the greatest injustice , and betray the g●ossest partiality , rather than not obtain what they would be at . And therefore in respect to Justice and Equity , all the Members of that Synod , who consented to the Sentence of Deposition against Mr. Heriot , o●ght to be exauctorated and declared for ever incapable , and ought to have some Stigma of Infamy fixt upon them . This one instance might make the whole party bl●sh , if they were capable of blushing at any thing : But as the Scots Proverb is , Shame is passed the shed of their hair . Mr. Heriot being so much injured , by this Synod ; appealed from it , to the first Lawful G●neral Assembly , and in the mean time to Their Majesties Protection , for Justice and relief , and in pursuit of this appeal , he Addressed to the Lords of the Privy Council , intreating their Lordships to right him , and 〈◊〉 all further proc●dure against him , as appears from the Information anne●ed to the Historical Relation of the General Assembly ; but the Council were unwilling to meddle with the Kirk , for fear of clashing together ; to examin what they had done , and to oblige them to alter or revoke the sentence was to assume th● Supremacy abolished in Parliament , which was not rashly to be attempted ; wherefore all that the Council did for him , was to pass an Act for delivering up the Depositions of the witnesses , and for recognizing the affair in the next Synod ; neither of which has yet been done : Both the witnesses names and their Depositions are still concealed and kept up from Mr. Heriot . And as if he had been justly and legally deposed , they have proceeded to plant another , in the Church of Dalkeith , notwithstanding both he himself , and almost all the Heritors and Parishoners protested against it . Some of the Heriters and Parishoners in name of the rest , went to the Presbytery , and desired them to consider , that Mr. Heriot's affair was still depending , and his Appeal not discussed , so that they could not admit of another Minister , and as they thought themselves obliged to own Mr. Heriot , as their Lawful Pastor , whom they knew to be innocent and greatly injured ; so they objected against Mr. Mean ( so the old Man is called , whom they have put into the Church of Dalkeith ) and shewed that he had not the call and consent of the people ; for they had almost all of them declared against him ; and to prove this , they produced a Paper under their hand to this purpose . After this they went to Mr. Mean himself , and repeated the same to him , who answered , that their prejudice against him was groundless , that he was misrepresented as a very severe and rigid man , but he would prove otherwise ; for such as came and heard him , should be welcome , and they who did withdraw should be let alone , and have their Liberty to go whither they pleased : So to facilitate his entry , he gave smooth words , and dissembled both his own temper , and the Spirit and Genius of his party . But tho his discourse shewed , that he desired to be settled at Dalkeith , upon any terms and conditions , because it was a good and convenient Living , yet at his admission , he professed publickly , a great reluctancy and aversion to it , and that it was meer constraint that made him accept of the Charge . This was so gross , that several who were present , could not hear it with patience , but at the very time exclaimed , and charged him with Impudence , Hypocrisie , and mocking of God ; for it was well known , that he had for a long time a great desire to that place , and himself knew , that he got it against the Will and Inclinations of the people ( a very few excepted ) . If this be not Intrusion , I know not what may be called so . The next thing which falls under our consideration , is the observation of the Fast , appointed by the Assembly ; the Act and Reasons for this , which was enjoined to be read by all the Ministers in Kirks and Meeting-Houses , and the Civil Sanction enforcing it , were published with the Historical Relation of the General Assembly . This Fast was long and much discoursed of before the day of keeping it . They who smell Political Designs , in all the Presbyterian Fasts , said , That the intent of it was not to pay Devotion to God , or to conciliate his favour , by a general Humiliation , throughout the Kingdom , as was pretended , but that it was a Contrivance to ruine the Interest of the Episcopal Clergy , that those who should observe it , might be look'd upon as men of no Conscience , and that whosoever should slight it , might become obnoxious to the censure of the Government . A Gentleman told me , that some time before the sitting of the Assembly , he and some others were pleading for the Minister of that Parish , whom they designed to turn out , and that when the Presbyterian Ministers , and Lay-Elders ( among whom there was a present Lord of Session ) were deliberating what answer to give , he over-heard one say , We may grant the Gentlemen their request at this time , for the Assembly is to sit shortly , in which there will be an Act made , which will turn out all the Curates very easily . The Gentleman , at the time , could not understand of what nature that would be , but afterwards , when the Fast was enjoyned , he concluded , that was it which was designed to give so severe and universal a blow to the Episcopal Clergy . It is certain , that something of this nature was designed from the beginning , for as they were resolved not to admit any Episcopal Minister into Communion without some acknowledgment ; so understanding , that enjoyning every one to do Pennance in particular , for his defection from the Covenant , and complying with Prelacy , would be obstructed , therefore they thought a general Humiliation would be a fitter expedient , which was Equivalent upon the matter . Whosoever had read and considered Mr. Rule 's Representation of Presbyterian Government , might have foreseen this , for in his answer to that objection ( which is the seventh ) That if Presbyterians got power , they would force all to make publick Repentance who have owned Bishops , taken the Test , or other Oaths which they dislike . He saith , our principle is , That publick Scandals ought to be publickly rebuked , yet there are Cases , in which the strictness of Discipline , in this matter , may , and must be relaxed : As first , When the matter of offence is controverted , and the sinful practise is from the mis-information of the Conscience . And secondly , When the fault is Universal , and either the w●ole , or the greater part of the Church is Guilty , and so he concludeth , that a general Humiliation of the whole Church , may be instead of particular application of Censures . The Presbyterians gave out , that this Fast was a Reconciling thing , and that whosoever duly observed it , would be taken in upon very easi● terms ; but the Episcopal Clergy were mightily offended with it , and nothing gravelled them more than the Civil Sanction , for they would not have much regarded the Act of the Assembly , if that had not been added to it , but seeing that was added , they were puzled how to excuse themselves from a contempt of the Civil Government , if they did not keep the Fast , as they found it difficult to keep up their Reputation , among the people , with the observation of it , for the people were no less disgusted with it than the Clergy , looking upon it as an Unchristian Act , to impose such a task upon the Ministers of the Episcopal Perswasion ; and on all occasions they plainly said , that none but ●ordid Compliers would observe it , for , in truth , the Presbyterian Fasts are not so taking now , as they were formerly in the reign of the Covenant , for it is observed , that Mountebanks never thrive so well the second time they set up , in any place , as the first . This time there were several Papers emitted , containing reasons why the Episcopal Clergy would not observe that Fast , because they could not own the Authority of the Assembly that enjoyned it , as a Lawful Representative of this Church ; that by the Laws of God and the Church , the Ministers of the Presbyterian Perswasion had no right to impose Commands upon those of the Episcopal , seeing the essential Constitution of their Government , which is Parity , gives them no Jurisdiction over the Brethren ; and consequently , their Acts cannot bind them without their Consent , which cannot be p●etended to here , seeing they had no Delegates , or Representatives in the Assembly . It was again argued , that the Reasons of the Fast were very ambiguous , and not easily understood ; that if by the general Defection , and taking of unlawful Oaths , they meant the compliance with Prelac● , and swearing Allegiance , and the Test , the Episcopal Clergy could not profess Repentance and Humiliation for these , without a horrid Profanation of the Name of God , while in their Consciences they were not convinced of the unlawfulness of these Compliances , and that it shewed the little regard the Presbyterians had for the Sacred Offices of Religion , to enjoin their observance of this , when they knew what their Judgment and Sentiments were , as to these things . But amongst all the papers which came abroad on that occasion , there was none more diverting than the Burlesque Poem on the Fast , which one witily called the Present State of Scotland , for it not only gave a lively Picture of the Presbyterian party , but also it wittily represented the Humours and Characters of the several parties within the Kingdom , and of many particular persons , so that even those concerned , thought their Neighbours part was well done ; however , displeased they might be with their own . When the time of observing the Fast drew near , the Clergy of the Diocess of Aberdeen , took occasion to communicate their thoughts together , and found themselves obliged , both in Conscience and Reputation , not to observe it : Those of Angus , Perth , and some other places , followed their Measure ; , so that it was kept by very few in the Northern parts . The Episcopal Clergy in the South , had not such opportunity of meeting , and therefore were not so unanimous , either in their Sentiments or Practises . Some few made no scruple , either of keeping the Fast , or of reading the Assemblie's Reasons for it . Some others kept the Fast , but would not read the Paper appointed by the General Assembly , and what perswaded them to this , was a Report that the Court had given Assurance , that they who observed the Day should not suffer , tho they had no regard either to the Authority or Reasons , of the General Assembly . And to make this the more probable , there was a Paper handed about amongst them , concerted and agreed to ( as was said ) at London , by some Bishops and others there , to be read instead of that appointed by the Assembly ; I shall set it down , ●ut I know none who made use of it . A Copy of a Paper , appointed to be read instead of that set forth by the Assembly about the Fast. FOrasmuch as a Fast is appointed by Their Majesties most H●nourable Privy Council , to be observed throughout this Kingdom , upon the second Thurs●ay of January next , and the great and many crying Sins of this Nation , and especially the sad D●solation of this poor Church , and the common want of Zeal , which appears in this Land , for the Truth and Interest of the Gospel ; together , with the great Intestine Divisions and Commotions among us , that at once shake both our Religion and the Civil Government , do call aloud to all ranks and degrees of people , seriously to humble themselves before Almighty God , and to supplicate his Divine Majesty , that in the midst of that Wrath , which this Nation deserves , he may remember Mercy , that he may heal the Breaches that are made in the Walls of his Sion , and pour out the Spirit of Meekness , Charity and Moderation , upon all men , particularly upon these that serve at his Altar . And finally , That he may graciously preserve the Sacred Persons of King William and Queen Mary , our Dread Soveraigns , and prosper them in the Defending their Kingdoms from the Common Enemy , that all their Subjects may had a quiet and peaceable life under them , in all Godliness and H●nesty : Therefore you of this Parish , hereby are earnestly Exhorted to draw near to God , in this his House , upon the foresaid Thursday , being the next ensuing , and to come with a Holy and Religious preparation of Soul and Bedy , for offering up the Sacrifices of broken and contrite Hearts and Spirits , to the Father of Mercies , that so his Iudgments , that are so hanging over our Heads , may be diverted , and by the pious Groans and Interc●●●ions of our humbled Souls , he may , through the Mediation of his only Son , our Redeemer , be prevailed with yet , to make us a blessed people , in the happy continuance of our Protestant Religion , in settling his Church so amongst us , as may most tend for the Glory of his Name , and for advancing all the great Ends of our most Holy Faith. And lastly , in establishing Peace and Prosperity , under our most Gracious Soveraigns , so as both we , and our Posterity after us , may reap the comfortable fruits of them . Some being perswaded that there were but too many Reasons for a Fast , and considering too , that there were particular Reasons given for this Fast , by the Assembly , who enjoyned it , which were in every bodies hands , therefore they thought themselves obliged , not only to observe a Fast , but also to take notice of these Reasons , and so they read the Assemblies Paper , and Commented upon it , and by an excess of Charity , made the Assembly speak what they ought to have done , rather than what they actually did . The Ministers of East Lothian , and , I suppose , some from the Mers , met at Haddington , the Week before the Fast , to take joynt measures for the observation of it : It was soon agreed to , That they could neither in Reputation nor Conscience observe it , as it was enjoyned by the Assembly , and therefore it was first resolved to do it with a Protestation ; accordingly the following Protestation was Composed , which each of them was to take a Copy of , and to read it from the Pulpit , both on Sunday , at the Intimation of the Fast , and on Thursday , the Eighth of Ianuary , which was the day appointed . A Copy of a Protestation , which some Ministers offered to make , at the Intimation of the Fast , that was kept upon the 8th . of January 91. if some of their Brethren of the Presbytery , where they have their Residence , would have joyned with them in it . WHereas Their Majesties most Honourable Privy Council , by their Act and Proclamation , of the date November 21 — 90 , hath ratified and approven an Act of the General Assembly , of the date November 12. that same year , appointing a Solemn National Fast and Humiliation to be observed in all the Churches and Meeting-Houses within this Kingdom , the 2d . Thursday of this Instant . We declare , That we judge our selves obliged to give obedience to the foresaid Act of Council , in so far as that is consistent with good Conscience , and the Duty we owe to God and his Truth ; and that we are most desirous to joyn with all others within this Nation , in the publick and solemn Confession of our Sins , deprecating the Wrath of God , and supplicating for his Mercy , and in all the other Pious and Religious Exercises , proper for that Day of Humiliation and Fasting . But being that there are several Causes and Reasons expressed and specified in the said Act of the General Assembly , which do manifestly contradict our Principles and Opinions , and some things affirmed and asserted , irreconcileable to Truth and Charity , and other Christian Duties ; and lest our observance of that Fast , should be Interpreted the Homologating of these , or a sordid or deceitful Compliance against our Consciences , we judge ourselves bound to declare , as hereby we do declare , That we intimate and publish this Fast , and will observe it , for these Reasons and Causes only that are consistent with our Opinions , which we have owned by Solemn Oaths , and with the Charity , and other Duties , incumbent on us , by the Laws of the Gospel ; and do renounce all Grounds , Reasons and Causes , contrary unto , or inconsistent therewith : And in particular , We do protest 1. That by keeping of this Fast , we do not own or acknowledge , the Power and Authority that the foresaid Assembly does arrogate over us , in so far as that is contrary to the Word of God , and never heard of in the Christian Church before this time , to wit , That Presbyters should have a power of Government and Jurisdiction over other Presbyters , who are of the same Office and Degree . 2. We do protest , that we do not approve of these Words , That the Supremacy was advanced in such a way , and to such a height , as never any Christian Church acknowledged , being we know , and are ready to prove , that they are false , and being , tho the Supremacy is taken away by the Law , as unsuitable to the present circumstances of affairs ; yet it is not declared a sinful Prerogative of the Crown , neither do we esteem it as such . 3. We do protest , That we do not own or assent unto that Reason of the Fast , That the Government of the Church was altered , and Prelucy , which hath always been grievous to this Nation , introduced without the Churches consent , and contrary to the standing Acts of our National Assemblies , &c. being we certainly know , that Episcopacy was never more grievous to the Nation than Presbytery , and that it was settled with the Churches consent , in free General Assemblies , after the Reformation , and was afterward received and submitted to , by the Church , in free Meetings and Assemblies : And , in particular , we do assert , That the Assembly held at Glasgow 1610. which established and settled Episcopacy , was as lawfully Convocated , and of as undoubted Authority , as the Assembly held at Glasgow 1638. which turned it out ; as also that Episcopacy was restored by a lawful Parliament , An. 1661. and approved by the subsequent actings of the Church , in so far as that was necessary , in referenc● to a Government , formerly settled by Acts of Parliament , and Assemblies of more unquestionable Authority , than any that had Abolished the same . 4. We do protest , that we do not approve of these Words , That Prelacy was introduced contrary to the standing Acts of our National Assemblies , being it doth imply , that the King and Parliament canno● make any Law , anent the External Government and Polity of the Church , if contrary to any Act of a General Assembly ; which is to give an Absolute and Uncontroulable power to Church men , and is inconsistent with the undoubted Right and Power the State hath for reforming Abuses in the Administration of Church-Government and Discipline , and disposing of that as may best serve the ends of Religion , and the peace of the Kingdom . 5. We do protest , that we do not approve of these Words : An● yet , nevertheless , of the then standing Ministry of Scotland , many ●did suddenly and readily comply with that alteration of the Government , some out of Pride and Covetousness , or Men pleasing , some through Infirmity and Weakness , or fear of Man , and want of Courage and Zeal for God , many faithful Ministers were thereupon cast out , and many insufficient and scandalous thrust into in their Charges , &c. for these do necessarily imply the Divine Right of Presbyterian Government , that ●no Humane Authority can alter it , and that submission unto , or compliance with any other is sinful ; and that submission to Episcopacy restored , An. 1662. did proceed from vitious Causes ; as also they do imply an uncharitable Censure of many faithful Ministers , as Men pleasers , wanting Courage and Zeal for God , and the like , which we think very opposite to the temper and disposition wherewith the Duties of Fasting and Humiliation should be performed . 6. We do protest that we do not approve of these Words , That there hath been under the late Prelacy a great decay of Piety , so that it was enough to make a man be Nick named a Phanatick , if he did not run to the same excess of Riot with others ; for tho we do grant there hath been much Impiety under the late Prelacy , and do mourn for it , yet we do affirm , That it abounded as much under Presbytery , and it is not agreeable to the sincerity of our Confessions , on a Day of Solemn Humiliation , or at any time , to be partial in the Rehearsal of our Sins , or to distinguish our selves from others , as if we were more Righteous , and to confine Religion and Godliness to a Party . 7. We do protest , that we do not approve of that Reason of the Fast , That the Nation hath been guilty of breaking their Oaths , and imposing and taking ungodly and unlawful Oaths and Bonds , &c. in so far as these may signifie the Oaths of Allegiance , Supremacy , and the Test , which Oaths , as we Swore in Judgment , Righteousness , and Truth , so we do still acknowledge the equity and obligation of them . 8. We cannot approve of that Reason of the Fast , The wonted Care and Religious Sanctifying of the Lords Day is gone , &c. And of that Petition we are required to send up unto God , that the preaching of the Word , and dispencing of the Sacraments , may be accompanied with the wonted presence , power , and blessing of the Spirit of the Lord : in so far as they may imply , that the power of the Word and Sacraments is restrained and true Godliness decayed under Episcopacy , and that they abounded under Presbytery ; which is to make the Life of Religion depend upon Opinions and outward Forms of Government , or to have the persons of men in admiration , and favours of that Spiritual and pha●isaical pride , which will render all our solemn humiliations hateful to God. 9. We do protest , that these words , We have sinned notwithstanding of Promises and solemn Vowing and Covenanting with God to the contrary , are not understood by us with any reference to the Solemn League and Covenant , which some do apprehend to be the meaning of the General Assembly . All these and the like Reasons and Causes of the Fast , tho not here exprest , that are inconsistent with our declared opinions are renounced and disowned by us . And we do protest , that our observance of this Fast shall not be interpreted as the approving and homologating any of these ; And we do desire and intreat all that are of the same Principles with us , as they will avoid the Sin of Hypocrisie and mocking of God , and would be accepted of him , that they carefully separate betwixt these grounds and reasons of the Fast , that are agreeable to , and these that are contrary to their duty and good Conscience , and that they joyn with us in this our Protestation , openly owning and declaring their Judgment anent the same : We do also earnestly exhort all , in the love and fear of God , that laying aside all prejudices , malice , uncharitableness , and indiscreet and irregular zeal , lying , and slandering ; that they may unite together in confessing the Sins they are guilty of ; and humble themselves in the sight of God , for their Sins , and the Sins of their Fore fathers , without any partial respect to the opinion , that hath occasioned some divisions and differences in present and former times ; and that they send up their fervent prayers to Almighty God , that he would be pleased to bestow , of his Grace and Spirit upon all Orders and Ranks of People , that they may live as becomes the Gospel , and shew forth the praises of him , who has called them from darkness to his marvellous light ; and in particular that they would pray , that it may please our most merciful Father , to inspire all the Members of his Church , with the meek and loving Spirit of our blessed Lord and Saviour Jesus Christ , and that every one may seek after these things that make for peace , and whereby they may edifie one another ; that there may be a mutual forbearance of one another , as to the opinions anent the Government of the Church , which hath occasioned so much disquiet and disorder to this Church and Kingdom ; and that none be forced or tempted to declare or do against their Consciences , and that amidst the differences of opinions , there may be a chearful concurrence , in all things that have a respect unto the glory of God , and the advancement of true Godliness . Finally we do exhort all ( as we our selves do resolve by Divine Assistance ) religiously and devoutly to observe the Fast for all these ends and purposes , and in the manner specified in the Act of the General Assembly , in so far as that is consistent with this our Protestation , and is allowable by the Laws of the Gospel . But upon second thoughts , it was concluded , that the Protestation might give greater offence than the total neglect of the Fast , and so at last it was agreed , that none should observe the Fast in any wise . But one Mr. D. who was not present , being advised , that it was safest to make some observation of it , that he might not be singular , he prevailed with the Minister of Haddington , and one or two more , to break off from that general resolution , and to keep the Fast with him . In Edinburgh it was only observed by Mr. Wilkie in the Tolbooth , and Mr. Craig in the Lady Yesters Church : But no mans Behaviour in this affair was so worthy to be remarked , as that of the Reverend Mr. Charters heretofore Professor of Divinity in the Colledge of Edinburgh , and at present Minister of Dirleton . All who have any acquaintance with him , know that he is a person both of great learning and piety , whose Charity prompted him to think all the good of every one that can be reasonably conceived . He was convinced , that there were too many reasons and causes , which called for fasting , mourning , and humiliation , but as he well knew the practices of Presbyterians in former times , so it seemed evident to him , that at this time they were endeavouring to carry on their own Selfish ends under the colour of Religion and had appointed this Fast to be a snare , whereby the weak and ignorant might be drawn unawares to own and acknowledge their false and narrow principles , and which might afford a fair opportunity of inflicting Ecclesiastical Censures and other punishments upon others who would not so sordidly desert their Principles , nor debase their former Character and Profession . He had such an impression of this base dealing , of the scandal and prejudice , which Religion suffered by it ; and of the danger , which threatened the best part of the Church , that he thought every one obliged to testifie against this Act of the Assembly , and to do all he could to prevent the peoples being deceived . And because a bare forbearing a Fast in his judgment was not a sufficient Remonstrance , 〈…〉 to be read the Assembly's Act and Reasons , publickly in the Congregation , and afterwards he spoke to the people to this purpose . Ye have heard the causes of the Fast , as they are represented by the General Assembly ; they have recommended it to Pastors and others to be serious and sincere in the Confession and acknowledgment of their own and the Nations transgresions , and to be earnest in the●r Supplications for such favours from God , as the present condition and circumstances , in which this and other Reformed Churches are , do call for . I hope after the hearing of so long a Paper , you will have a little further patience , while I sincerely represent to you somethings concerning the sins we are to confess , and the mercies for which we are to supplicate . All who are wise and have a right sense of true Religion and Christianity , cannot but see , that there hath been a great defection amongst us . This defection hath not been from the truth , or from the fundamental Articles of the Christian Faith , but from the life of God and the power of Religion , and from that temper and conversation , which the Gospel requires in us , so that I doubt not but we and all good men will joyn with the Assembly , in acknowledging the sins and defection of the Nation . But whereas the Assembly seems to represent Episcopacy as a principal and capital point of the defection , and as introductory into further degrees of Corruption ; I find my self obliged to declare my sense in this affair upon this ocasion . I do not take my self to be bound to endeavour to justifie the manner of the introduction of Episcopacy into this Church An. 1662. nor the manner of Election and nomination of persons to that Office , which was in use among us , nor the legal Establishment , nor the Laws , by which it was established among us , nor the conduct of those who were in Office ; and I will not say but some who were in the Office of Episcopacy and that complied with that Government , might have been in some measure accessary to the corruptions , by their bad example or Connivance , and neglect of the true Exercise of Discipline . But yet I cannot think that the settling of an Imparity of the Officers of the Church , is to be looked upon as a defection , or that it is a thing in it self unlawful , or that it is of it self introductory of the abounding of wickedness and scandals in the Church . This I may with the greatest confidence affirm , that Religion never flourished more in the World , than it did when and where there was an Imparity among the Officers of the Church And this I know , that some famous Protestant Churches , do allow Episcopacy , and continue till this day under that form of Government ; and I am sure that most of the Wise , Pious , and Learned men abroad , tho they live where the Goverment is not Episcopal , have not such bad thoughts of it as our Brethren here have . And whereas they charge many of the then standing Ministry with compliance with the alteration of the Government . I do not see that the continuance of Pastors to serve God and the Church under the late settlement , is to be look'd upon as a defection , for which they are to repent ; divers of them having continued to serve in the Ministry , neither out of Pride , nor Covetousness , or Fear , or Weakness , or want of Courage , but out of Conscience , and a fear to offend God , by refvsing their service in that station , when there was no insuperable stop , or bar put in their way , as they thought there then was not . And the like may be said of many others , who entred afterwards into the Pastoral Office , under the the late Government . But notwithstanding of what we have said of this matter , we cannot but acknowledge , that there has been a great defection among us . Men generally have shaken off the Yo●e of Christ ; and exprest none of that respect , which we all owe to his Laws , and have abandoned themselves to their Lusts , and corrupt inclinations , so that iniquities and Immoralities of all sorts have abounded , and generally men of all ranks have corrupted their ways . Covetousness , Fraud , Oppression , Injustice , Sensuality , Drunkenness , and divers kinds of uncleannesses , Cursing , Swearing , Atheism , neglect of the worship of God , and other Sins , besides these reckoned in this Paper have abounded . The Assembly acknowledges , that there have been some disorders , among those of their perswasion : Which , they say is matter of humiliation , such as , scandalous divisions , injurious reflections against worthy men , and some dangerous principles drunk in . They say , it should be lamented , t●at some of their way , who in the main things did endeavour to maintain their Integrity , did not give seasonable and necessary testimony , against the defections and evils of the times , and did not keep a d●e distance from them . If they do mean hereby ( and I know not what else can be understood by it ) that it is to be lamented , that some of their way did not separate from such as complied with the Government , but did joyn in worship with them : This will not appear to any others , besides some of themselves , to be matter of Lamentation . It is rather matter of Lamentation , that so many of them did behave themselves so schismati●ally , and refused to joyn in worship on such slender grounds , with these who were not of the same perswasion with them concerning the Government . They seem to appropriate to those of their way , that they endeavo●●ed to keep their integrity in the main things , and that they did own 〈◊〉 , and bear witness against the co●rse of defection ; but I know that not a few amongst those who complyed did endeavour to maintain the integrity of the main things , and did own all the necessary and fundamental truths of the Gospel ; and did bear faithful witness against the course of the true and reall defection from Truth and Righteousness . They confess , as I understand it , that all of whatsoever perswasion , generally do not receive Christ , nor imitate him , &c. But , They have passed over many sins of these of their way , which all other people see , whereof some are almost proper to them ; how many of them are Proud , Fierce , Content●lous , Turbulent , Seditious and Ungovernable ; many of them presume to judge and censure , reproach , revile and traduce such as are not of their way , tho Magistrates and Ministers . Not a few seem to place all Religion in a zeal for their proper opinions , and in running separate courses from those who are not of their perswasions ; many of them are of a Factious , Schismatical and uncharitable temper , and have by their bitter and indiscreet zeal , been prompted to such inhumane , barbarous and cruel actions , which have been so much the more scandalouss as being acted under colour and pretence of Religion . These and such like should be confessed ingennously , and mourned for : And O that it might please God to make us all sensible how far we have declined from that Spirit , and temper , and that behaviour and Conversation , which the Gospel requires in us , and to dispose us to reform and amend . As to those things for which we are desired to pray , we have all reason heartily to joyn with them . There is only one expression which I have observed , in which I fear they mean , something for which I cannot joyn in Prayer with them . The expression is , Tha● all the Lords people may be of one mind in the Lord ; if they mean by it as they should do , that they may all agree in the fundamentals of Religion , and may with one mind and one mouth glorifie God , and may live in Love , Peace and Concord together ; and joyntly pursue the attainment of everlasting Life : It is a very fit Petition , and we are all earnestly to pray for it . But if they mean , we are to pray that all may have the like sentiments with themselves , about the Government of the Church , and may consider Presbyterran Government to be of such concern and importance , as themselves take it to be ; I cannot joyn with them in it . That opinion being the source of most of the distractions , which abound among us , and depriving them who hold it , of what they owe to all , who hold the fundamentals of the Christian Faith , and walk agreeable to the Laws of the Gospel . It incapacitates them who hold it for performing all Offices of Love , to these , who are not of their perswasion , and prompts them to behave themselves towards all such as Enemies to God and Religion ; it makes them look with an evil eye upon these Protestant Churches , which have not such a model of Government , and begets in them , a neglect , dislike , and aversion from these Churches . I use not to speak so much of these things in such an auditory , nor had I now spoken of them , if we had been so discreetly dealt with as not to be driven to it . This was said on Sunday . On Thursday , which was the Fast day , he added as follows , This day is set a part for Fasting , and humbling our selves under the Sense of our Sins , and the Sins of the Church , and Nation , of which we are Members , and to deprecate the wrath and heavy judgments , which our sins deserve , and to beg mercy from God , &c. And indeed it is evident that we are all highly guilty before God , and have grievously provoked him to wrath , and indignation against us ; we have disobeyed and despised the Gospel , and almost Universally under the Profession of the Christian Religion , have lived as Heathens ; and whereas the Gospel teaches us to live Righteously , Godlily and Soberly ; Unrighteousness , Ungodliness , Uncharitableness , and Intemperance have abounded among us , it is fit , that we confess these things with grief and sorrow . The Assembly in that Paper which was read to you the other day , tho they lay open the sins of others , yet are too sparing , in confessing these of their own way . They say among other things , that Episcopacy was introduced , many faithful Ministers were cast out , and insufficient and scandalous men thrust in on their Charges ; but there was not a word in all the Paper of not a few faithful Pastors cast out by some of their way , in a disorderly and tumultuous manner , they being private persons and without Authority . I wish the vacancies they have made may not be supplied by scandalous persons , or such as are weak and insufficient , and destitute of a right sense and understanding of Religion . This much may suffice of the behaviour of Episcopal men ; as to the Presbyterians thems●lves , to be sure , they kept the Fast with a great deal of fervour and zeal ; but as if it had been only appointed for confessing the errours of Episcopacy , and the Sins of Episcopal men : They spent the whole day upon this : Their Sermons and Prayers were nothing else , but so many invectives against the Episcopal Clergy , and the former Reigns , which was done partly to satisfie their Revenge , because they could do no more at present ; and partly to enflame the peoples rage ; and to render them more keen upon their destruction . Only Mr. Wilkie in the Meeting house of the Canon-gate , thought he would be too partial , if he should only reckon up the Sins of others ; wherefore in the Afternoon , he resolved to confess his own sins and the sins of his Party , and so he instanced among other Peccadillos , their taking an Indulgence from a Popish King , which was only granted to make way for Popish Priests and Iesuits , who sought the ruine of the Protestant Religion : We knew this , said he , well enough ; but self interest byassed us : and the same principal of self interest made us guilty of sinful silence ; for all that time , we never Preached against Popery , fearing that we might lose that Liberty , if we did . And none said he , was more guilty than my self ; for Mass was said daily at my Lugg , and yet I never opened my mouth . Indeed these men were very cautious then , and careful to abstain from every thing , that might be supposed to give the least offence ; by which , they shewed that they had their Tongues under great command ; for before they were wholly addicted to railing against Popery , and every thing , which they fancied to be like it . Yet they could tie themselves up instantly , when they apprehended it might do them hurt . This cautiousness was very observeable , one day in Mr. Geo. Iohnson , who Preached in the same Meeting-House of the Cannongate . He had in his Prayers unwares , contrary to the concerted measures , let fall these words , O Lord confound the Land of Graven Images , which no sooner passed from him , than he instantly checked himself , and with the same breath , cryed out , But O God save our King. Thus I have given a full account of the Fast , which occasioned as great variety of sentiments and practices , as any one thing that ever was enjoyned . It is evident , that from the beginning of this Revolution , the Presbyterians have had the turning out of the Episcopal Clergy wholly in their Head , at least , more than any other thing : Revenge , as as well as Interest and Security , prompted them to this , for they concluded it hard , if not impossible , to preserve the Interest and Reputation of their great Diana Presbytery , or to oblige people to a Superstitious Worshipping of this Goddess , by which they have their Wealth , while there were so many , who thought and taught , that there was no Divinity in it ; and consequently , both their Craft would be in danger to be set at nought , and their Diana should be despised , if these men were not removed from amongst them . And to compass this , they tryed various methods : First , as Demetrius raised an uproar in Ephesus , against St. Paul , so they began with a Rabble in the West ▪ and some places of the Southern Borders , in which they succeeded according to their mind ; for , in a short space of time , they emptied all these Churches to the number of about three or four hundred . But this method was only proper for these places , where the ignorant Bigots , and Partisans of Presbytery are , it could not be attempted in other parts of the Kingdom , where the people were better Instructed , not so rude and barbarous , and who generally were very well pleased with the Ministers of the Episcopal Perswasion , whom they preferred every way , and in all things , to the Presbyterian Preachers . If it were narrowly examined , it would be found , that even this method , in the West , is no demonstration of a total aversion , in the people there , to the Episcopal Clergy , as it was given out to be ; for there was not a General Insurrection of the Parishes of that Country , but a certain Rabble combined together , and run up and down , thrusting out Ministers , the Parishes being no less surprised with it than the Ministers themselves , and in many places the Parishes would have defended the Ministers , if either they had been forewarned , or sufficiently Armed , to make resistance . But however , they could not gain their point in the rest of the Kingdom , by these means , wherefore their only recourse was to the Civil Authority , which was very favourable to them at the time , so that they resolved to improve the occasion diligently , not knowing how long it would last . Here the E. Crafurd was very useful to them , for his Zeal caused them to search out all that might be attacked upon the head of difference from the Civil Government , and he held Councils for several Months together , only for depriving such . Oversights , Omissions of little Formalities , and small Escapes , were aggravated as if they had been willful and heinous Crimes . The gaining and encouraging compliance with the Civil Government , was so little studied , that all discouragement was given , that the Episcopal Party might thereby be Incapacitated , and consequently the danger prevented , which the Presbyterians feared from their number . There was no place for Repentance , nor could second thoughts be of any use , every one was judged by his first resolution ; and if there were but the least flaw in ones compliance , he was dealt with as if he had not offered any compliance at all . By these means a great many more of the Episcopal Clergy were laid aside , and the Presbyterians would have been glad to have had all turned out this way , for then they thought the Odium would not lye upon them . But this method failed at last too , for the Council became weary of it , as they had reason ; so the next thing resolved on , as was reported , was to procure an Act of Parliament , for declaring all the Churches within the Kingdom vacant : The pretence was , that the present Incumbents were all obtruded upon the Parishes , and therefore it was fit that the people should have their free choice , and be allowed to call Ministers suitable to their own Inclinations ; but they were advised not to propose this , as that which would be very far from serving their design , because upon calculation it would be found , that most of the Parishes within the Kingdom would call back their own Ministers , or other Episcopal ones , for by this time the people were every where shewing their disgust both at Presbytery , and the present Presbyterians , and by manifold instances it appeared , that neither of them were acceptable to the greater , and better part of the Nation . Seeing therefore they could work no more by other mens means , the Presbyterian Clergy resolved to do the work themselves , howsoever invidious it may seem to be , and for this end they got the Government of the Church , and all Ecclesiastical Iurisdiction , by Act of Parliament , put into their own hands . When the Covenant was in force , they found good service of Itinerant Committees or Commissions , and they judged it would be of no less use now , to set them up again ; and so , before the rising of the Assembly , two were appointed , one for the South , and an other for the North , with full power to visit all Ministers , and to purge out of the Church such as should be thought Insufficient , Scandalous , Erroneous , or supinely Negligent . The Names of the persons appointed for these Commissions , together with an Abstract of their Instructions , are set down , page 53 , 54 , and 55. of the Hi●●orical Relation of the General Assembly : The giving them Instructions seemed to limit them , but in truth , they have all the power of a General Assembly it self , and are so much freer , that they have not one from the King to check and controul them . I shall begin with the Committee or Commission for the South , which , according to appointment , sate down at Edinburgh , the 21st . of Ianuary , 91. being the third Wednesday of that Month. Several Ministers up and down the Country , received citations to appear before them , and among the rest , Mr. Alexander Malcolm , Mr. Iames Hutchison , Mr. Iohn Farqhuar , three Ministers of Edinburgh ; Mr. Kay at Leith , Mr. Samuel Nimbo Minister of Collinton , Mr. Andrew Lumsden Minister at Dudduston , and Mr. Iohn Monro Minister at Sterline . There was also many others , whose Processes had been referred to them , either by the General Assembly , or some particular Presbyteries . The three Ministers of Edinburgh , received the Citation on Saturday , the 10th . of Ianuary , betwixt Nine and Ten a Clock at Night , which both the Ministers , and others , constructed to be done on design to discompose them for Preaching the day following . At this very hour also , they sent a Summons to Dr. Robe●●son , Minister of the Gray-frier-Church in Edinburgh , who had been Sick for a long time , and whom all the City knew to be then in Articulo mortis , as indeed he died some few hours after . The tenor of the Summons was this , To compeir before the Commission , upon the twenty first of January , to be tryed in Life and Doctrine , and discharge of the Duties of the Ministerial Function , and censured by the said Commission as they shall think Iust. Mr. Alexander Malcolm , Mr. Iames Hutchison , Mr. Iohn Farqhuar , Mr. Samuel Nimbo , and Mr. Andrew Lumsden , met , and all of them resolved to take the same joint-measures , seeing they were all in the same Circumstances . Accordingly , on the 21st . day of Ianuary , to which they had been cited , Mr. Iames Hutchison presented himself before the Commission , and in his own Name , and in Name of the other four , he desired of the Commission a special Citation , containing , and expressly naming , their Crime or Crimes , for which they were to be tryed and censured , the Accusers and Witnesses Names , and a competent time for preparing such Defences as were legal and just ; but all this was flatly denied . The next day Mr. Malcolm compeired and proposed , in his own Name , and in the Name of his Brethren , the same things , and had the same answer , for Mr. Kennedy , the Moderator , said , That the Commission was not bound to give an account why they Summoned them , nor to tell who were their Accusers , nor for what they were Accused , or who were to Witness against them , but that being cited , they were obliged to answer instantly to what should be asked of them , and if they refused , he told them the Commission had power to Censure them , and would do it . To which Mr. Malcolm replied , That it was illegal to Summon any Super inquirendis , that he and his Brethren were not bound either by Civil Laws , or Ecclesiastical Cannons , to regard or obey general citations , and that none of them would answer , except they got citations which were special and particular . He added , That they were more unjust than Festus , a Heathen Judge , for he thought it unreasonable to send a prisoner to Caesar , and not withal to signifie the crimes laid against him , but ( saith he ) we are here convened before you , and you 'll not tell us for what cause . Upon this he was ordered by the Moderator to remove . Ianuary the 23d , these five Ministers , to free themselves of farther trouble from the Commission , resolved to disown and decline their Authority , and so they sent one Mr. French as Proctor for them , with the following Declaration , which he delivered , and took Instruments upon the delivery of it . WE under-subscribers , Mr. Alexander Malcolm , James Hutchison , John Farqhuar , Ministers of Edinburgh , Mr. Samuel Nimbo Minister of Collinton , and Andrew Lumsden Minister of Duddiston , being continued in the peaceable Exercise of our Ministerial Function , notwithstanding of the alteration of the Church-government , by Act of Parliament , and being under the protection of their present Majesties , by our Submission and Obedience to Authority ; and we being , nevertheless , cited to compeir before the Commission of the late General Assembly , to hear and see the Iudgment of the said Commission , given anent us , and our Session Books and Records , and to hear and see such tryal taken of our Life , Doctrine , and discharge of the Duties of our Function , as the said Commission shall think Iust. We having all of us , considered the import of the said compeirance , upon the Citations given us , do hereby declare , That we have no freedom in our Consciences to compeir , or subject our selves , to any tryal whatsoever , before the said Commission , and that by reason of our known Principles , and former Engagements to Episcopacy ; and this we own to be our Iudgment , with all due deference and submission to Authority . In Witness whereof , we have Subscribed these presents with our Hands , at Edinburgh , January 21. 1691. Sic Subscribitur Alexander Malcolm , James Hutchison , John Farqhuar , Samuel Nimbo , Andrew Lumsden . This being the first declinature from their Authority which any had made , therefore the Commission resolved to put some severe Censure upon it . Some proposed immediate deprivation and deposition , others were for Excommunication , and , as was said , the first carried it over the last , only by two Votes , which was intimated in the several Churches the very next Lords day . As the Commission was censured by some , for their rigid and summar proceedings against these Ministers , and never offering to treat with them in any gentle manner , so these five Ministers were blamed by others , for their precipitancy in declining the Commission ; for it was said , that having so far owned them as to appear before them , and formerly to give up their Session Books , when they were asked of them , it was no ways agreeable now to give in a declinature : And as their practices were disagreeable and inconsistent , so they had thereby much wronged themselves , for by this means they had occasioned their own deprivation and deposition , whereas , if they had taken an other course , compeired before the Commission , and suffered them to accuse and lead probation , as they would have been obliged to do , they might have continued in their Offices a longer time and perhaps defeat the Commission altogether , because it would have been very hard to have proven any thing , that might have deposed any of them ; and if they had only appealed , when the Commission was about to do them some palpable Injustice , they then might have expected protection and redress from the Civil Authority ▪ but these Ministers answered thus for themselves , That some of them had never any ways owned the Presbyterian Government as yet , and others of them but very little , and that that little acknowledgment which they had made , could neither infer that they had renounced their former Sentiments about Episcopacy , nor yet entirely submitted to Presbytery , and that they had good reason to decline or disown the Commission , considering the Injustice and Illegality of their proceedings , which was both contrary to Scripture , the Canons of the Church , and the Acts of Assemblies , owned by themselves ; for as in Scripture it is commanded , first to tell men their faults in private , and not to receive any accusation against an Elder of the Church , but before two or three Witnesses . So by an Act of the Assembly at Perth , March 1. 1596. none ought to be summoned , super inquirendis , without instancing the Names of the Accusers , and the crimes and faults they are accused of . And by an other Act of a General Assembly at St. Andrews , April 24. 1582. it is appointed that Ministers within the Kingdom should have forty days allowed them , whereas only ten had been given them . They said further , that they had reason to disown the Commission , and to refuse to appear before them , considering how they had treated others , and how partial they were ; that they were not Iudges properly , but Parties and Enemies , who had resolved upon their ruine before ever they met , and , who had not only determined to have them out , quovis modo , but had also assigned their several Churches to particular persons , viz. The Grayfrier Church to Mr. Gilbert Rule , the Old Church to Mr. Blair , and the Tolbooth Church to Mr. Kirkton , which was indeed commonly talked long before , and it proving true , was a demonstration that there was a laid and formed design of turning out all the Ministers of Edinburgh , by one means or other , though they themselves were the occasion of the more speedy execution of it . Notwithstanding the Act and Sentence of the Commission , these five Ministers were resolved to continue the Exercise of their Ministry , unless they met with violence from a Rabble , or that the Civil Magistrate concurred with the Commission . Many thought the Civil Magistrate would not meddle in the matter , and a Rabble was not much feared in Edinburgh . These who frequented the Episcopal Churches , were resolved to defend their Ministers , if they met with any disturbance , but on Saturday and Sunday mornings , the Provost of Edinburgh sent to Mr. Malcolm , Mr. Hutchison , and Mr. Farqhuar , forbidding them , upon the highest peril , to attempt Preaching , or to be seen about their Churches that day , so they kept their Houses ; and the Episcopal Party being disappointed , came back from the Churches both in discontent and rage , and if their temper were as much enclined to Tumults , as the Presbyterians are , a little matter would have occasioned one that day : And indeed , the Provost feared it , and upon the apprehension of it , ordered the Captain of the Town Guards to have all his Men together in readiness , for preventing any such thing . All the Ministers of Edinburgh were now laid aside , either by the Council , or the Commissions , except Mr. Wilkie in the Tolbooth Church , who was also at this time turned out by a cunning Trick , which had no parallel then , and indeed none but the Presbyterians are capable of giving any ; but if they continue we may come to have enough such instances ; for Mr. Craig of the Cannon Gate , his Case is much like it , as shall be related afterwards . Upon Dr. Robertson's death , Mr. Wilkie was appointed by an Act of the Town Council , to go to the Gray Frier Church , to be Colleague to Mr. Hutchison there , because no Presbyterian would joyn either , and because by putting them together , they saved a Church , for the use of one of their Presbyterian Ministers ; who keep at as great distance from these that are Episcopal , as ever their Predccessors the Pharisees did from Heathens and Publicans , whom yet our Saviour often preferred to them : When Mr. Wilkie was advertised of this by Two of their numbe● , viz. George Hume Bailiff , and Iames Crawford Apothecary , sent to him for this end ; he replied , That he would very readily obey the good Town , provided his Legal Right , as one of the Ministers of Edingburgh , was not thereby prejudged or obstructed : And then it was told him , that he needed not fear that , for there was no design to wrong him , by transplanting him . This was on the 23d . of Ianuary , and on the 25th . Mr. Kirkton was brought to the Tolbooth Church , and settled Minister in it , without the Call or Consent of the Parish , the Formality of an Edict , or any thing of that Nature , usual in the admission of a Minister : But while Mr. Wilkie was thinking to take possession of the Gray Friers Church , the Lord Provost sends for him , acquainting him , that the Commission had appointed Mr. David Williamson to preach in the Gray Frier Church , for intimating the Sentence of Deposition against Mr. Hutchison , wherefore his Lordship desired to forbear that day , for Mr. David craved both forenoon and afternoon , and he assured him , that he should sustain no prejudice by it , to which Mr. Wilkie also yeilded , being very desirous to please them , and gain their favour . Some other Excuse was invented for shifting the next Sunday to , and so on for two or three Sundays , till Mr. Wilkie turned impatient at their delayes to settle him in the Gray Friers Church , when he had so easily parted with the Tolbooth Church : And he was not a little apprehensive of some disingenuous T●i0ck , when it was told him , that they who preached in the Gray Friers Church used to pray for the Reverend Brother abroad , whom that Parish belong'd to : This Mr. Wilkie concluded was not himself , as indeed it was meant of Mr. Gilbert Rule , who was then in England about the Affairs of the Kirk . Then private entreaties could no more prevail with Mr. Wilkie , so that they were forced to interpose the Authority of the whole Town Council , to which Mr. Wilkie only consented , for some two or three dayes , as appears by the following Act , given under the Town Clerks own hand . Edinburgh , the 13th . day of February , 1691. THE which Day the Lord Provost , Bailiffs ▪ Council and Deacons of Crafts , being Convened in Council , having considered their Act , transplanting Mr. Tho. Wilkie from the Tolbooth-Church to the Gray-Friers , they do appo●nt some of their number to commune with the said Mr. Thomas Wilkie , and to represent to him , for several weighty Considerations , that it is necessary the said Mr Thomas Wilkie should forbear Preaching for some Lords days , which the said Mr. Thomas Wilkie , in obedience to the Councils Commands , consented he should forbear Preaching for three Lords days , only providing the said forbearance do not prejudice his legal Title as one of the Ministers of Edinburgh . Extracted by me AeNEAS MACKLAND . But when pretences and dissimulation could no more be used , it was plainly told him , that the Gray Frier Church was to be otherwise bestowed , notwithstanding he had not only the private promise and assurance of the Provost and other Magistrates , but also the publick Faith of the Town Council , by an Act of theirs dated . Ianuary 23 , which was the condition on which he parted with the Tolbooth Church , Tho Mr. Wilkie might have guessed this from the first time that they desired his forbearance to preach ; and tho he was forewarned by several Persons , that a Trick was designed him , yet he could not keep himself from being mightily surprised and troubled at this final Answer and Resolution : The loss of his Living vext him , and the manner of taking it away was matter of more vexation , than if it had been done by the formality of a Sentence , tho never so unjust . It galled him exceedingly , that he should have been so simple as to trust men of no ingenuity , and that by currying the favour of those , who designed him a Cheat , he had suffered himself to be Trickt on t of his Ministry without Citation or Process , and while he was under no Sentence or Censure , neither was accused of any crime or maleversation , which might have deprived him . He made great Complaints , but they had no success . The good Lord Provost and Bailiffs excused themselves in that the Ministers would not quit the possession they had got , and the Ministers on the other hand , told him , that his business was with the Magistrates , for they had not meddled with him ; he had not consulted them , when he dimited the Tolbooth Church , and as they were not to enquire upon what terms he did it , so he could not blame them for taking possession of Churches that were vacant . Thus betwixt the two he was kept out of his just rights , and all the defence that can be made for it , is , That the Presbyterians had now declared open War with the Episcopal Party , and their Allies , and all that had been in confederacy with them : And in War men use not much to regard the points of Justice and Ingenuity ; If the enemy be defeated and weakened , it is no matter by what means , whether by giving fair and open Battle , or by secret Ambuscades ; the Cities or Castles which are once in possession are kept , tho they have been won not by force or generous valour , but by baseness and treachery . After much importunity to silence his clamour , they first proffered him Mr. Kirtons Meeting House , in the Castle Hill , which he refused , because it was an uncertain thing , and none of the legal Churches of the City , to one of which he had an undoubted Right . Then at last they bestowed on him the Lady Yesters Church , Which he has accepted of , and seems to be contented with at present : But it will be found , that they are still befooling him ; for besides that the Earl of Twedale debates with the Good Town the Right of planning that Church , it has no Parish annexed to it , and the Magistrates of Edinburgh , when they find their opportunity , may have many pretences , for the shutting it up again . But it was believed , and not without Reason , that the giving this Church to Mr. Wilkie , was done not so much to repair the injury he had received , as to be a pretext for turning out Mr. Craig and his People , that having no other place to go to , they might find themselves under a kind of necessity , of uniting with the Presbyterian Congr●gation in the Connon-gate . Because I have mentioned this Case of Mr. Craig , and that it hath some resemblance to that of Mr. Wilkie , I will give some short-account of it here , tho it was posterior to the other in time , by several months . This Mr. Craig is one of the Ministers of the Cannon-gate , and has had the whole charge of that Parish these two or three years , because Mr. Burnet , the other Minister , was deprived by the Council . This Parish of the Cannon-gate had the use of the Lady Yesters Church , from the Town of Edinburgh , until such time as a new-one of their own should be built . When this new one was finished , which was only in Summer last , the Presbytery of Edinburgh appointed another Mr. Wilkie , who preached in the Meeting-house to take possession of it , and with his Elders to choose another Minister , as if there had been a total vacancy , never regarding Mr. Craig's right to be a Minister there . Mr. Craig , and those of the Episcopal Perswasion in that Parish , which are in proportion more than three of four , when they heard this they addressed the Presbytery for the maintenance of their rights and priviledges , and receiving no satisfactiun from them , they brought it before the Lords of the Council , where also the Presbyterian party prevailed ; for the Council , ratified and approved the Orders of the Presbytery , and so Mr. Craig was shuffled out of his Right , tho he was willing to submit to Presbytery , and to joyn with Mr. Wilkie the Presbyterian , and had condescended not only not to pretend to any priority and preceedency , as the Elder Minister and possessour , but even also to yield the precedency to Mr. Wilkie , and to serve only as second Minister . Mr. Craig being thus kept out of the New Church of the Cannon-gate , resolved to continue preaching in the Lady Yesters Church , and his wonted Hearers were also resolved to wait still upon him there ; but that being considered as dangerous to the Presbyterian Interest in the Cannon gate , and a too great occasion of withdrawing the people from Mr. Wilkie the Presbyterian , therefore the Magistrates of Edinburgh were advised to give the Lady Yester-Church to Mr. Thomas Wilkie , who had been Minister of the Tolbooth Church , by which means Mr. Craig has no Church at all to preach in , and is forced to take refuge in an old Chappel , lying near the Water-gate , in the foot of the Cannon-gate . But to return to the Commission of the General Assembly , who were busie about their work of purging , the Church : Great endeavours were used to fix some scandal or other upon Mr. Iohn Monro , Minister of Sterlin , and Mr. Kay , Minister of South Leith , that the Commission might , take occasion to deprive them , and by that means , get those two conspicuous Churches into their possession ; but both of them appeared for themselves , and defended themselves so shoutly , that the Commission could gain no ground . Mr. Monro upbraided the Presbyterian party , to their face , with Ingratitude towards him , for he shewed how kind he had been to them in former times ; that some of them he had visited and relieved while they were in Prison , and that he had even been Instrumental in saving some of them from the Gallows ; and yet , for a requital , they were designing not only to deprive him of his Livelihood and Ministry , but also of his good Name , which is dearer to one than his Life . When they perceived that sufficient Probation could not be laid against him , they tryed to work him up to a voluntary dimission . The chief Accuser and Leader on of the Process , came to him one day , and told him , That if he would dimit , they would pass from the Libel , and give an ample Declaration of his Innocence . This past in private , and being for his Reputation , to have some publick and undoubted evidences of the same , he went presently to the Commission , and told the Moderator the proposal that had been made to him , and made the Person to own it publickly before them ; for it was so recent , that he had neither a Face to deny it , nor yet time to consider the inconveniency of acknowledging it . And Mr. Monro says , that this Man confess'd before them all , that the Libel was not true , and they were only desirous to be rid of Mr. Monro , that by his removal they might get a Minister of their own Persu●sions : Upon which Mr. Monro took occasion to reason his Case with the Commission , and to convince them how much he was injured : but the Moderator would not be rash in as●oiling him . Anothe● Day there fell out a remarkable Passage , which shews what an honest Witness a Presbyterian will make . While Mr. Monro was pleading his Case before the Commissi●n , he had a Nephew attending him without Doors , who fell a discoursing with a Countryman , whom he perceived very curious to know what the Commission was a doing ; disguising his own Sentiments , he asked the Countryman , what was his Business , he told him he was come in to help away the wicked Curates : Then the other said the Curate of Sterlin was presently before the Commission , that it would be for the Glory of God and good Service done to the Church to have him out , but that they wanted Witnesses ; and so he asked if he would go in and witness against him , to which the Fellow replyed , that indeed he knew him not , but for the Glory of God and the good of the Church he was very ready and willing to do it : Just as he was saying this one of the Presbyterian Ministers passes by , and overhearing it , cryed to the Fellow to take heed to himself , for he was amongst his Enemies ; and he added that he ought not to witness falsly upon any account , that it might not be thought that they approved of such things . But in truth there are too many Instances which prove that the Presbyterian Clergy look at Truth as little as their Witnesses that are adduced before them : for they do not receive the exculpation of any Episcopal Minister so readily and willingly as they do a Libel or Indictment against them : They mark punctually what has a tendency to render him odious or criminal , but nothing which makes for his Vindication , or the clearing of his Innocence . So this very Commission , having charged Mr. Key of South-Leith with Drunkenness ; none of the Witnesses could prove it ; and one of them was so far from doing it , that he evidently proved the contrary : Upon which Mr. Hugh Kennedy the Moderator , bad the Clerk write , Nihil novit in causa . The Witness understanding Latin , replyed , Sir , how can you say so , for I know very● much of the matter ; I have declared and made it evident to you , that Mr. Key was not drunk at that time you speak of : Upon which another Brother rose up and spoke in Passion , Sir , you were brought hither to witness against your Minister , and not to clear him or plead for him . Whence it is evident , that it was not the Truth they were seeking ; and all the reason they had to conclude Mr. Key drunk at that time , was , because he had baptized two Children in one day , and was at both their Entertainments , as if one could not be witness to a Feast without running to excess . During the sitting of this Commission , the 30 day of Ianuary , returned , which is the Anniversary of King Charles the First 's Martyrd●m . The Observation of it last year was opposed by the Presbyterian Clergy , they both refus'd to preach upon the Subject Matter and Argument of the Day ; and also to delay the going to Sermon till ten a Clock , which was desired , that the Lords of Council and Session , and others of the Nobility and Gentry might come to Church more solemnly as the Day required . And because they were so strict upon their Hours , the only Remedy was to keep back the Clock , which was made to strike eight only when it was ten by the Course of the Sun , because that is the ordinary hour of beginning their Weekly Sermons . It was Mr. Hugh Kennedy's turn to preach , and tho the Pulpit and all the rest of the Church was hung with Black , yet the little old Fox came up in a Gray Cloak , and held forth his Hour without touching the occasion directly or indirectly , either in his Sermon or Prayer : He durst not condemn the thing , because most People in the Church knew he was an Accessary to it . And I know a Gentleman , who made haste to see him in the Pulpit , saying , he thought the Pulpit should break , or the Black fall of while Kennedy was in it , as well as the Corps used to bleed at the presence of the Murtherer . To which it was answered , that Miracles were wrought to detect secret and hidden Murthers , but not to attest those which were known and transacted in the Face of the Sun. This Year , to get this Anniversary duly observed , the Court of Session was adjourned for that day , and both Lords of Council and Session sent some of their number to wait upon the Commission , and to desire that they would appoint one to preach to them a Sermon for the Day ; Sir Colin Campbel of Arbruchell was one of them who was sent after he had delivered the Request of the Council and Session , which all others think in such Cases to be equivalent to a Command : the Moderator said to him , My Lord , we are very busie and have much to do , and should not be hindered : And you and the rest all know well enough that it 's not agreeable to our Persuasion to keep days . To which it might have been replyed , that none of them make any scruple of keeping Days , which bring them in Money , for they preach very frankly at the Anniversary of George Heriot in Edinburgh , by which an hundreth Marks Scots come to the Preachers Pocket . The Commission was so civil as to deliberate about the Request : but the Result was , That they could not obey it ; which the Lords of Council and Session were highly offended with , as being an Affront to their Authority ; and therefore sent them Word , That unless they did obey them , they would not suffer them to have any other Sermon that day . The Lord Provost had Orders to see that their Will in this was observed ; who therefore forbad ringing of Bells to the ordinary Weekly Sermon , but forgot to call for the Keys of the Church Doors , so that they caused the Trone Church to be opened , whither they went and set up Mr. Shields to preach , which was interpreted a greater Contempt of the Authority of Council and Session , than if it had been any other Person ; because this Mr. Shields in a Book of his , entituled , The Hind let loose , doth expresly defend and justifie the Murther of King Charles the First , and the Assassination of the Archbishop of St. Andrews . In the beginning of his Sermon he said , It may be expected that I should speak something of that Man that dyed forty years ago : He either dyed justly or unjustly : If unjustly , it was the better for himself : if justly , we need not trouble our selves more about him . The rest of his Sermon was stuffed with Invectives against Bishops , and the Episcopal Clergy and the Church of England ; and he held forth , that it was very unlawful to keep any Confederacy with Papists and Idolaters . This Mr. Shields is one of the Three Cameronians , who addressed to the Assembly , as was said before in the Historical Relation thereof : since that time he hath published a Pamphlet , called , An Account of the Methods and Motives of the late Union and submission to the Assembly : in which all the steps of his and his two Brothers Proceedings are narrated , and the larger Paper published ; which the Assembly thought to have suppressed altogether , because it contain'd some Reflections on the Members of the Assembly . When all is considered , the coming in of these Cameronians appears a kind of Mystery which cannot be well understood , for there seems not to be a true Union , but only a kind of Truce for present Conveniency ; or if there be any Union , the Condescendence is upon the Assembly's side ; so that it may be said , the Assembly has turned Cameronian : For Mr. Shi●lds and his Two Brethren declare , That they have not retracted any thing they said or did formerly ; and as they would not condemn their own Principles and Practices , so they have laid heavy and grievous things to the charge of those in the Assembly , inconsistent with the Principles of true Covenanted Presbyterians ; which , as Mr. Shields observes , the Assembly has not contradicted nor refuted . And as their Silence is a tacite Confession of their Guilty , which they also acknowledge in general Terms , in the Act and Reasons for the Fast , so the receiving Men into their Communion without Check or Censure , who teach publickly in their Sermons , and maintain in their Books , Tenets , and Positions , which are both Scandalous to Religion , and also destructive of human Society : I say this is an evidence that they are of the same mind , and have no abhorrence of such scandalous and pernicious Principles , as those men have vented . But though the Assembly and Mr. Shields , Mr. Linning , and Mr. Boide have made an Agreement , without coming to particulars ▪ or expressing the mutual Terms or Conditions ; yet the other Cameronians refused to patch up a Peace so easily ; they require express and particular Declarations from the other Presbyterians , and desire that what Mr. Shi●lds and his Two Brethren did , may be considered as their own Private Deed , and not the Deed of the whole Party : and it is said the Breach is rather wider than it was before . Mr. Howston , who now heads the Cameronians , refused to submit his Call to the Kirk of Kilsyth , to the Presbytery of Glasgow ; and when one who was sent from that Presbytery to preach there , possessed the Pulpit , it 's reported , that he went up to a Loft or Gallery in the Church , and instead of instructing the people , they fell soul upon one another : Whatever be of this , it 's certain the Parish was divided upon this Head , and one part followed the one , and another the other . To such a height is this difference arrived , that it canbe decided by no meaner person than the King ; so that Mr. Howston went to Flanders that King William might interpose his Authority for repairing the Injury he had received ; and I am told that he not only complained of his own Treatment , but also represented to his Majesty , that the Assembly and other Presbyterians took measures that were not good either for Church or Kingdom . Thus , though they will not acknowledge the King to be the Head of their Kirk , yet they , as well as others , will have recourse to him on occasion . He succeeded so well , that he procured two Letters from the King in his behalf , one to the Council , another to the Presbytery of Glasgow : He delivered the first to my Lord Crawford , and went with the other to Glasgow : The Presbytery received it ; and to prevent any Protestation he might make for their not obeying it , they said to him , that some of the Brethren should be appointed to confer with him ; and in the mean time they dissolved the Meeting and did nothing . Upon this he returned to Edinburgh to be redressed by the Council ; but when he came there he found that his Letter had never been produc'd , and Crawford , to whom he had delivered it , had taken Journey for London , so that he is still where he was : and by this it appears , that Kings Recommendations avail but little with some Men. This Howston has a Brother , who also will not unite with our Assembly men ; but goes up and down drawing People from them , as they were wont to do from the Episcopal Ministers : being found in Edinburgh , he was shut up in Prison , and detained several Months ; till of late with difficulty he hath procured his enlargment . So little reason is there to talk of their Harmony and Union , except it be in the opposition , which both make to the Episcopal Party , that the Cameronians , to distinguish themselves the better from the other Presbyterians , have taken up a new Name , viz. That of the Society ; they do not add , of Iesus , lest they should be taken for the Disciples of Ignatius Loyola . Those of this Sect sometimes begin their Meetings at Ten or Twelve at Night , or at the dawning of the Morning , and they use to be well armed with Swords and Staves ; and I 'm told there have been hard blows given betwixt them and the other Presbyterians in the Southern and Western Shives , as happened in the late times : so now we may expect variety of Sects and Opinions , which will ruin Religion , as well as disturb the publick Peace and Quiet . For Fanaticism is a Spiritual Vertigo ; which makes people reel and stagger from side to side , and run about till they fall into Atheism and gross Impiety . To return to the Commissi●n , which sat down again upon Wednesday the Fifteenth of April : When they were met , Sir William Leccart the King's Sollicitor came and presented to the Moderator a Letter from the King , which was not received with that Respect which was due . The Moderator , without rising from his Seat , bad him give it in to the Clerk , telling him , That there was very much noise of that Letter : For indeed it was not only talked of , but also several Copies of it were spread up and down both City and Country . Then the Moderator turn'd to the Clerk , and said , Man take off the Scab of the Wamb of it , and see what 's within it , for so , as is said , he called the King's Seal upon it . This Letter was the effect of that Address , which those Commissionated by the Episcopal Clergy , who were still in place , made to the King before his going to Flanders ; whither also Two of them followed him , viz. Dr. Canaries and Mr. Lesk , that they might even there negotiate the Affairs of their Party , and get that stop put to the Proccedings of the Presbyterians ; which was promised them , but which could not be presently given , because of the King's haste to go beyond Seas . This is a true Copy of the Letter . To the Right Reverend and Our Well-beloved Ministers and Elders , Commissioners of the General Assembly of the Church of our ancient Kingdom of Scotland . Right Reverend and Well-beloved , We greet you well : WHereas there hath been humble Application made to us , by several Ministers , for themselves and others , who lately served under Episcopacy in that our ancient Kingdom , We have thought good , as well for the Good and Advantage of that Church , as the Publick Iustice and Welfare of the Nation , and the Interest of our Government , to signifie our Pleasure to you , That you make no distinction of Men , otherwise well qualified for the Ministry , who are willing to join with you , in the Acknowledgment of , and Submission to the Government of Church and State , as it is by Law now established , though they have formerly conformed to the Law introducing Episcopacy ; and that ye give them no vexation or disturbance for that cause , or upon that head ; and that in regard many of these Ministers are turned out summary , without any Sentence or Order of Law , if such shall be called to be Ministers of any Congregations , by plurality of Heritors and Elders , we judge it reasonable that you admit them , where there is no just Cause to the contrary , without making any difficulty . Whereas some of these Ministers complain of Severities and Hardships by several Sentences pronounced against them , we think fit to give you opportunity to review what Cases shall be brought before you , that your selves may give such just Redresses as the matter requireth , before we take any further notice of these Complaints . We will assure you we will protect you , and maintain the Government of the Church , in that our ancient Kingdom , by Presbytery , without suffering any invasion to be made upon it : And therefore we will expect ; That you will avoid all occasions of Divisions and Resentments , and cordially unite with those that will agree with you in the Doctrine of the Protestant Religion , and own the Confession of Faith , which the Law hath established as the Standard of the Communion of that Church . And it is our Pleasure , That during our absence out of Britain , until we give our further Directions , that you proceed to no more Process or any other Business , and dispose your selves to give out your best Means , for healing and reconciling Differnces ; and apply your selves to give impartial Redresses upon any Complaints that shall be offered unto you , against Sentences already past , that we be not obliged to give our selves any further trouble thereanent . So we bid you heartily farewel . Given at our Court in the Hague , Feb. 13. 1690. and of our Reign the Third Year . Sic subscribitur , by his Majesty's Command , JO. DALRYMPLE . When this Letter was read , the Anger and Displeasure of the Brethren was to be seen in their Countenances : One said that there was no regard to be had to it , because the King's Hand was not at it . Another replied , That whether it had come only from the Secretary himself , or been sent by the order of the King , there was no reason to take any notice of it , or be concerned with it ; for it proceeded from a mistake and mis-information , as if they had turned out any summarly , without any Sentence or Order of Law , whereas they were conscious of no such thing . It is reported of the Moderator , That when the Contents of this Letter were first imparted to him , he said , If the King had not so many Men at his back , he would make two of it : But a Person of Honour assured me , That when he was speaking to him of it , his answer was , That the King would be as wise to let these matters alone . After much deliberation , it was resolved to write an Answer to the King , and to send two of their number to negotiate their Affairs with his Majesty , and to remove the Prejudices he might have conceived against them by false Representations . The Persons who were thought fit to be sent , were Mr. Iohn Law , and Mr. David Blair . The Letter which they were to carry with them , was but once read publickly ; nor did the Moderator suffer any at the time , to propose his Judgment about it ; for he said , That there was a private Committee appointed for that matter , and so he desired every one to come in apart by himself , and there to declare his Mind , what he would have added to it , or taken away from it : Which was done either to keep the thing more secret , or that the Draught of the Letter , which the Moderator and other leading Men had made , might pass more easily without any change . The King's Letter required two things : One was to redress the Grievances which the Episcopal Ministers complained of : The other was , To forbear the proceeding any more against them , so long as the King was absent from Britain . They had no Mind to grant the first at all ; but in compliance with the last , they thought it convenient to stop a little , that they might not give their Adversaries occasion to irritate the King against them , and to withdraw his Favour , which was their only present support . The yielding to this , was only a delaying their Affairs , till they were better stated , which afterwards might be ea●ily compensated ; and by doing so , they would dispose the King's Mind for receiving their Defences for what was already done . So leaving all things as they were , the Commission was adjourned till the next Qarterly Sessi●n . But it must not be forgot , that they left particular Presbyteries and Synods , to act their part in the mean time , for they issued out no Order to stop them , neither made they any intimation of the King's Letter , or of his Will and Pleasure therein unto them ; so that when it was objected by any Episcopal Minister , they still pretended ignorance . This Month the Synod of Lothian and Tueddale met at Edinburgh , and concluded a Monthly Fast to be kept for some time : For this end , the Secret Council was addressed to , that they might ratifie and approve the same by an Act : Which indeed they did ; but Duke Hamilton would admit of no other reason for the Fast , than that of the present War , and the King's Expedition to Flanders . This did not a little displease the Brethren , who , to delude and amuse the People , and to serve their own particular Ends , had heap'd up a number of such Reasons , as the Assembly gave for the former Fast : Wherefore , because the Council would not accept of , and agree to the Act and Reasons as they were drawn up by them , they resolved to shew no regard to what the Council had done : So at the intimation of this new Fast , they did take no notice of the Act of Council or Proclamation published by them ; but enjoyned it in the Synod's Name and Authority , reading to the People the Act and Reasons of the Synod for it . Particularly Mr. Kirkton in the Tolbooth Church of Edinburgh , said , That they ought to look to this Paper which came from the Synod for their direction , in the end and nature of this Fast , and not to that other which was selling up and down the Town ; by which he meant the Act and Proclamation of the Council . The Earl of Crawford and two more of the Council were present . One of them said , That the Council could not sit with this , nor let it pass without censure ; for their Authority was baffled and affronted : But it seems it was found convenient to take no notice of it , lest they should be more baffled and affronted , by medling with these peremptory and stubborn Kirk-men , who are like an imperious Wife , that will both have all her own Will , and a part of her Husbands . About the middle of Iuly , the Commission met again . Some few days before , the two Ministers they had sent over to Flanders , returned , of whose Reception by the King , there were various Reports : But in answer to that Letter which they carried from the Commissioners , there came a second Letter from the King , which was ordered to be delivered to the two Ministers , if they returned before the Meeting of the Commission : But if they were late a-coming , another was appointed to give it to the Commission at its first sitting down . So the night before Mr. Iames Elphinston went with it to Mr. Iohn Law , and Mr. David Blair , who presented it to the Commission the next day , with an account of their Negotiation and Diligence . A Copy of the second Letter from the King to the Commission of the General Assembly . To the Right Reverend and our Well-beloved Ministers and Elders , Commissioners of the General Assembly of the Church of our ancient Kingdom of Scotland , W. Rex . RIght Reverend and Well-beloved , We greet you well . By the Letter presented to us from you , by Mr. John Law , and Mr. David Blair , Ministers , your two Commissioners , we do perceive you sufficiently understood our Intentions contained in our Letter , directed to you from the Hague ; and we are well-pleased with what you write , both as to your own unanimous Inclinations to redress those , who may be lesed , and to unite with such of the Clergy , who have served under Episcopacy , and fallen neither under the Qualifications of the Act of Parliament , nor the Terms of our Letter , and that you are sufficiently instructed by the General Assembly to receive them : From all which , we do expect a speedy and happy success ; and that ye will be so frank and charitable in that matter , that we cannot doubt but that there shall be so great a progress made in this Union betwixt you , before our return to Britain , that we shall then find no cause to continue that stop , which at present we see necessary ; and that neither you , nor any Commissioner Church-Meeting , do meddle in any process or Business , that may concern the purging out of the Episcopal Ministers : And we do not restrain you a● to other matters relative to the Church or your selves ; nor did we ever intend to protect any in the Ministry , who were truly scandalous , erroneous , or supinely negligent ; and therefore we did propose their subscribing the Confession of Faith , as the Standard of the Church-Communion , which takes off the suspicion of Errour : And as for those who are really scandalous , insufficient , and supinely negligent , if such shall apply , either by themselves or with others , though they were willing to acknowledge our Authority , and to join with you , we do not oblige you to receive such ; and in that case where there is just cause , you may proceed to a fair impartial Inquiry , in order to their being received in the Government of the Church , but not in relation to the turning them out of their Benefices and Ministry : as the Act of our Parliament has left them to our further Orders , we will not doubt of the sincere performance of what you have so fairly promised in your Letter , whereby you will best recommend your selves to us , and answer that Trust reposed in you , by the Act of our Parliament . So we bid you heartily farewel . Given at our Court at Aprebrux , the ●● / ●● of June , 1691. and of Our Reign the Third Year . By his Majesty's Command , Sic subscribitur , JO. DALRYMPE . Ever since this Revolution , the Kingdom of Scotland has been divided about the Government of the Church . The Episcopal Party have been upon the defensive side . First , they studied to preserve the Government of Episcopacy it self ; and for that end addressed to the Parliament , which proved altogether in vain . In the next place , when Presbytery was established by Act of Parliament , the Episcopal Clergy petitioned for a share of the Government of the Church , or at least to be secured from the Iurisdiction of the Presbyterians , who had declared themselves a stated Party against them . But neither was this harken'd to . Then , as their last Refuge , they considered how to save themselves , their personal Rights and Priviledges , that they might sustain no Prejudice , upon the account of their private Sentiments and Perswasion . And for this cause , they resolved to address King William himself , seeing the Applications made to others were so ineffectual : Therefore Dr. Canaries was sent from some of the Clergy , on the South-side of Tay ; Mr. Mac Gill , and Mr. Small from Angus ; Dr. Gaider , Mr. Leisk and Mr. Fobess from the Diocess of Aberdeen . This last Design succeeded better than any of the former ; for the King thought their Request reasonable , and promised them his Protection in this matter ; and in both his Letters to the Commission of the Assembly , he required this , as that which was most just and equitable . Nay , the refusing it was judged so unreasonable , that it is said , that those Presbyterian Ministers , who were sent up from the rest , did expresly promise to receive such Episcopal Ministers , not only into Communion , but into the Government , as could not be excepted against , either for Life or Doctrine . And which is yet more , it appears from King William's second Letter , that the Commission has given some such thing under their Hand . Wherefore to try their Sincerity , it was thought fit to put them to it , by making some of the Episcopal Clergy address to them . The nature and form of the Address was drawn up , and concerted at London , and sent down to Scotland with Mr. Mac Gill and Mr. Small ; for it was judged requisite they should Address all after the same manner ; the tenour of which is as followeth . To the Reverend the Ministers and others by Law impower'd to establish the Judicatories of the Church of Scotland : The humble Petition of the Ministers of the Episcopal Perswasion , Humbly sheweth , THAT whereas Episcopacy is by Law abolished in this Kingdom , we who have in the most dangerous Times manifested our Zeal against Popery , are now ready to give all the Assurances that are or can be by Law required of us , of our Aversion to Popery , of our Firmness to the Protestant Religion , of our Duty and Fidelity to their Majesties , King William and Queen Mary ; we are further ready and willing in our respective Charges and Stations to do every thing that is incumbent on us , as Ministers of the Gospel , for advancing the Power of Religion , or repressing of Scandal and Vice , and for the securing the Peace and Quiet of their Majesties Government , and to act in Church-Judicatories for carrying on of these Ends , without any regard to the Difference of Persuasion in matters that are not fundamental . We do therefore humbly and earnestly desire , That in order to these Ends , we may be suffered to act as Presbyters in this Church , in our several Precincts and Paroches . This being proposed to the Episcopal Clergy , several Arguments were used to persuade the subscribing it ; which some declined fo● one Reason , and some for another . Some guessing the success from the Presbyterian Temper , thought it would be a prostituting their Reputation to offer a thing which would not be accepted : Others apprehended that to be yielding of the Episcopal Cause to the Presbyterians , and therefore would not do it . But in the Diocess of Aberdeen , the most part condescended , and gave a Commission to Mr. Leisk , to wait upon the Commission at Edinburgh so soon as it should sit , and in their Name to address them as above ; which he did : But the Moderator said to him , That they could not receive it ; for there was a particular Commission appointed for all on the North side of Tay ; and if the Ministers of these places had any thing to say , they ought to say it to them . Mr. Leisk replied , that there was no Commission sitting in the North at that time ; that he was Moderator of both Commissions , and he judged it all one which of them he applied himself to ! That the King's Letter was directed to them , which required them to receive such as should make application unto them ; and if they refused it , he would protest , and take Instrument . The Moderator bad him do what he pleased ; and so after Protestation , he removed . Mr. Small went along with Mr. Leisk ; and while Mr. Leisk was talking with the Moderator , one of the Brethren rises from his seat , came towards Mr. Small , took him by the Shoulder , and with a most frowning Countenance said to him , Ye are a pack of prophane Raskals , and deserve no pity , neither ought to be received . After which , he returned to his seat , leaving Mr. Small surprized with his Discretion and Civility in such a place , and at such a time . The same day , or the day following , Mr. Tho. Wood , Minister at Dumb●r , and Mr. William Denune , went and offered to the Commission the same Address subscribed by about a dozen of Parsons ; which being done by Ministers on the South-side of Tay , they had not the former pretence for rejecting it . They craving an Answer , the Moderator said to them , Sirs , ye 're very hasty● you took time to draw it up , and you must allow us time to answer it : And so he put them off for some days . At their next Application , they were desired to explain some parts of the Address , as what they meant by acting as Presbyters ; whether they meant the acting separably by themselves independently on them ; or if it was to 〈◊〉 understood of their joint Concurrence with them . To this it was answered , That they had it not in their Commission to make any Explications , and therefore could not do it . So upon the 22d of Iuly , they had this Answer given them . THe Commission for Visitations on the South-side of Tay. appointed by the late General Assembly of this Church , having considered a Petition presented to them by Mr. Thomas Wood , and Mr. William Denune , signed by them and twelve other Ministers , who call themselves of the Episcopal Persuasion , do find that some of these Petitioners are deposed , some suspended , both of them for gross Immoralities ; others of them are in processes referred by the General Assembly to this Commission , and some declared contumacious by the Presbyteries of the Bounds , where they have their residence ; and some live without the Bounds committed to the inspection of this Commission . They do also find , That not only these Petitioners do not look upon this Commission as a Judicatory of this Church , but also do mistake their Work , by ascribing to them a Power to establish the Judicatories of this Church , which is not committed to them by the General Assembly ; and though the Commission be satisfied to hear of their Zeal against Popery , and Firmness in the Protestant Religion , Duty and Fidelity to their Majesties ; yet they find , that seeing the Petitioners have not offered to own and subscribe the Confession of Faith , which by Law is made the Standard of the Doctrine of this Church , they give no security against Errours ; nor do they offer to submit and concur with the present established Government of this Church , according to the Instruction of the General Assembly , much less to acknowledge it , as is required by his Majesty's gracious Letter : And whereas in the Petition , the Petitioners seem to desire an allowance for setting up a Government separate from , and independent upon that which is established by Law , and have refused , when desired by the Commission , to explain either for their Brethren , or for themselves , this or any other Expression that seemed dark and doubtful to the Commission ; declaring also expresly , That they had no further to say , than what was contained in the Petition , and that they could do nothing separately by themselves without their Constituents , Therefore on these grounds the Commission cannot grant this Petition , as it stands in terminis , however willing they be to receive such of them as personally shall be found duly qualified according to the Instructions of the Assembly , and his Majesty's grac●ous Letter Mr. Wood and Mr. Denune having got this last Answer , they made a Protestation against the Commission , for refusing them the Favour which the King's Letter required of them . Some blamed both the Ministers and the Commission ; and thought that neither of them acted so candidly as did become them ; for while both pretended a willingness to unite , each of them kept at a distance , and studied what might hinder , rather than what might fu●ther the Union . It was said , That the Ministers did needlesly offend the Commission by the Title of their Address ; for seeing they made no scruple of addressing to the Commission , they might have made as little of giving them their due Title : And it was either mere nicety to refuse it , or it was done with a design to pique them , that they might not accept of the Address . Again it was said , That they were very unreasonable in refusing to explain the ambiguous terms of the Address , and that they gave the Commission a good pretext for denying their Request , when they would not tell what was the Nature and Import of it ; for the Commission could not be obliged to grant what they did not understand . On the other hand , the Answer of the Commission was found fault with very much , and it was said , that by it , they clearly shewed that they were no wise willing to receive Episcopal Ministers , whatsoever they had professed or wrote to the King. The very Addressing to them was thought such a Condescendence in Episcopal Ministers , as to deserve a better and more kindly reception than that which it met with . And the Commission was censured not only as very indiscreet , but as most unjust , for giving them these odious Epithets in the beginning of their Answer ; for there was but one or two , whom they had any shadow or p●e●ence to name so ; and even these two offered to vindicate themselves , if they were allowed a fair Hearing . The greatest part of those , who subscribed , were neither under Process nor Censure , nor had they been at any time Libelled ; so that the Answer was unjust to them , whatever it might be to the rest . Further , it was very unjust , to reject the Address , because the Confession of Faith was not offered to be subscribed ; for though this was not expressed in terminis , yet it was clearly enough implied , and it was then only time to make that Objection , when the Confession was put to them and refused . Finally , Though the Ministers keep to generals , and refused to explain what they meant by Acting as Presbyters ; yet that was thought no just or sufficient Reason for denying their Request : For if they could not grant it in the largest extent , it was in their power to set limitations to it . They might have been sure that Episcopal Ministers would not be received at all , if not under the Notion and Character of true and lawful Presbyters , without being obliged to receive new Ordination : And in this Sense they ought to have interpreted the Petition , unless the Ministers had , in express terms , craved more . And as they could not be blamed for refusing to allow them to act independently ; so their not admitting them as Presbyters , and not consenting to their having the Power and Privilege of such , which was all that seemed to be required , is a clear demonstration that either they did not own them to be Presbyters , or that they did not desire to join with them . They had so few Ministers of their own Party , that it might been thought , they would have been glad to have received any that were willing to come over to them ; but , in truth , they chused rather to want , than to admit of any who had served under Episcopacy ; and thought the one a less inconvenience than the other , as appears from the treatment , which some Ministers , who were called Anti-Testers , met with . Five of these who refused the Test , viz. Mr. Lundy , Mr. Craig , Mr. Paterson , Mr. Marchiston , and Mr. Carmichael made Application to them , both at their last S●ssion in April , and this in Iuly : They thought their case more favourable than that of other Episcopal Ministers ; and it was said that they designed to go a very great length : I cannot tell positively what it was they would have done ; for they resolved to deliver their Mind by word of Mouth , and not to give any thing under their Hand , but they would not so much as give them access ; they would neither hear them nor take their Case into consideration . Thus it is evident , that they were resolved not to admit any Ministers of the Episcopal Persuasion , nor any who had heretofore served under the Episcopal Government : For though the King had required this in his Letter ; yet by their Instructions they were enjoined to receive none , but such as they had ground to believe would be true and faithful to the Government . And it was concluded , that none could be trusted to , who did not renounce their former Sentiments , abjure Episcopacy , and cry Peccavi for their complyance with it . But it might be reasonable enough to trust to them who did this , because such would be so much abhorred by the Episcopal Party whom they deserted , that they would then find it their Interest to keep up Presbytery . This was expresly required of Mr. Thomas Wilkie , Minister of the Tolbooth Church : for when he humbly supplicated them to be received , making great Promises of an entire Submission to their Government ; the Moderator ask'd if he had no more to say , and pressed him to declare himself more fully . To which Mr. Wilkie replyed , That he thought he had said enough , and given a sufficient Declaration of his Mind . And indeed perhaps he had said more upon the Head than could be well justified . Yet nothing would satisfie them unless he would say that his Compliance with Episcopacy was a Sin : And because he made a Scruple of that , they obstructed his Business , as was related before , and refused to receive him . But upon these Terms they admitted one Mr. Menzies , Mr. Hugh Nisbet and Mr. Arrot Minister of Ginglekirk , who are the only Persons that have gone entirely over to the Presbyterian Party , and the Episcopal Party have sustained no loss by their Desertion . For Mr. Hugh Nisbet has the Character of being Ignorant , Insufficient and Scandalous ; Mr. Arrot , besides that he is ignorant , he is so sordidly Covetous , that he is not ashamed of any base thing , if it will bring in filthy Lucre : To save himself from the Rabble , he , at the very beginning , went to the Pulpit with Invectives against the Episcopal Government , and was not short of the wildest Cameronian in Raillery and vile Expressions : And that he might oblige the Presbyterians to let him keep his Possession , he offered to put on Sackcloth and to do Penance in as may Churches as they pleased . And as for Mr. Menzies ; he was first a Hill-Preacher ; next he submitted to Episcopacy , and received a Church under that Government ; which afterward he deserted , and run again to the Hills , and was in the Rebellion at Bothwell-Bridge , which rendred him obnoxious to the Laws : And that he might escape the due Punishment of his Crime , he surrendred himself to the mercy of the Government , and took and swore the Oath of the Test. By these Instances it doth appear what Qualification is requisite to recommend one to the Favour of the Commission . And as we have seen one part of the King's Letter disobeyed ; so neither was the other regarded , which required the redressing the Grievances which the Episcopal Ministers complained of . No Censure was abated , no Process revised ; nor did they recal the Sentences of Suspension and Deposition pronounced by particular Presbyteries and Synods against Ministers , whom all the World knew to be innocent . But whether the Censures were inflicted justly or unjustly , they continued them . And to make it evident that some Episcopal Ministers had reason to complain of Partiality and Injustice , I shall , instead of many Instances , which would make me tedious , narrate fully the Case of Mr. Simon Cuper Minister at Dumfermlin , and Mr. George Iohnson , Minister of Brunt-Island . But first I will divert the Reader with an Account of something which happen'd in Fife while this Commission was sitting . The noise of the King 's Two Letters spread abroad , and the intimation of his Favourable Inclinations towards Episcopal Ministers who would own his Government , both alarm'd and awaken'd the Presbyterian Party , and put them upon divers Inventions how to prevent what they so little desired , and what they thought would prove prejudicial to them at the last . This was thought the best expedient , which might keep the Episcopal Clergy from owning and submitting to the Civil Government , because it was upon the Hope and Promise of this that so much favour was procured to them . And to effectuate this , it was resolved to make use of their Common Stratagem ; that is , to let the Rabble loose upon such Ministers as they would be rid of , and to fright them from a Compliance . Indeed they have not prosecuted this Design ; But the Attempt upon the Minister of Kemback in Fife is a sufficient Proof of it : an Account of which I have from one who was present , who upon a mistake was near to have suffer'd for the other ; and it is as followeth : On Iuly the 22 , 1691. about Twelve a Clock at night there came two men and knocked at the Gate , of the Minister of Kembock's House , desiring a Servant to direct Two Strangeer Gentlemen , who had lost the Road through the darkness of the night . A short while after , they came up to the Chamber Window , and asked the same Favour in the Name of one Andrew Clepan , a near Relation of the Laird of Kembock , and who belongs to Major Balfour's Troop , which was lying at St. Andrew's some four Miles distant . The Minister himself was not at home , for he had gone the day before to Angus , to visit his Father who was sick , and there was only a deprived Minister lodging at his House at the time . This Stranger made them no answer at first , apprehending they were Rogues who were come to rob the House . When therefore their Lyes and fair Language proved ineffectual , they began more plainly to discover themselves , calling at the Window to open in the King and Council's Name , threatning , if it was not done , to Pistol the Minister , and fire the House about him . Then the Stranger answer'd from within , your Design cannot be just , seeing ye have twice made use of Lyes ; the Minister of Kembock , whom you pretend to seek , is not at home ; I am unknown to you , and you do not pretend to search for me , and therefore I entreat you to be gone . Upon this answer they beat up the Windows , fired Pistols into the Chamber and thrust in their Swords , which made the Stranger leave his Bed and run naked out of the Chamber ; for his Cloaths were so near the Window , that he durst not go to fetch them . Finding the lowest Windows well barred with Iron , they scaled the House , and attempted to get in at the upper Windows : But being disappointed there too , they next batter'd the Door of the House with great Stones , and at last , by frequent pushing with a long Tree , or Pole , which they found in the Closs , loosed the Bands , broke the Lock , and forced open the Door : But nevertheless they durst not venture forwards at first , fearing that he who was within had laid some Snare for them , or that he was in readiness to kill the first who advanc'd . This made them with great Oaths and strong Asseverations , promise safety to his Person , which somewhat encourag'd him . But as soon as they found him , they dragg'd him in his Shirt to the Gate , abusing him with most opprobrious Language , as Hell-Hound , S●ul-murdering Dog , &c. He assured them he was not the Minister of the place , whom they pretended to seek , but acknowledged that he was a Minister deprived by the Council ; and they still supposing otherwise , Twelve of them in Country Cloths , with drawn Swords and cocked Pistols , made him twice kneel , swearing that they would allow him but one minute for Prayer ; and that all of them were resolved to have the Honou● of taking his Heart Blood. But while he was in this sad Case , expecting the worst , a Boy , whom they called Guide , when he perceived they were in earnest , cryed out vehemently and bitterly , That man is not the Minister of this Place , for , said he , I know the Minister very well . Ten of them upon this went aside to consult the matter , and return'd with a Resolution to let him go , if he would swear never to preach again . He asked if ever any of them had Oaths forced upon them ? Two of them answering Yes ; he asked in the next place , if they did keep them ; and they saying , that they thought they were not bound to do it : Then he replyed , Why would you impose an Oath upon me , which your selves acknowledge one is not bound to keep ? After some Communing , they agreed to accept of his Oath never to preach under King William , nor to pray for him , nor to accept of any Allowances from the General Assembly ; assuring him that it was resolved that King William 's Letter should never do any good to an Episcopal Soul-murdering Hell-bound . Though they spared his Life , yet they pulled his Shirt twice or thrice over his Head , and beat his naked back and Breast with the Buts of their Musquets : and before they parted with him , they sent some of their number to find out the Schoolmaster , and Church-Beddel , whom they also threatned and treated barbarously , to make them deliver the Keys of the Church , and swear never more to officiate in it . The Beddel hesitating a little , one of them advanc'd to pistol him : and would certainly have done it , if the Pistol had not by a happy Providence misgiven . Then the fear of Death made both him and the Schoolmaster do , what was required of them ▪ They declared that they were put upon this by Persons of the greatest Quality in the Kingdom , and that they were obliged to give account of their Diligence to the Assembly , that the one half of their Company was gone to the next Preaching Episcopal Minister , and that it was resolv'd none should escape . As they were parting , one of them said , It is my Iudgment you should not let this Fellow pass so easily : Complyers and Non-Complyers should be treated alike . Upon which a part of them return'd ; which the Minister perceiving , went and hid himself in a Field of Corn till they were gone , being all the while in his Shirt , for they never allowed him time to put on his Cloaths . What hindred the other Party , or what stop either of them met with is not known ; but afterwards they came not near any other Minister . A true Representation of Mr. Simon Cupar , and Mr. James Graham , Ministers of Dumfermlin , their Case ; with the pretended Presbytery of Dumfermlin . UPon the third of September , 1690 , The Ministers at Dumfermlin were cited to compeir before the Presbytory there , the tenth Instant , to hear and see themselves deposed . The Ministers being certainly informed that no Libel had at that time been offer'd against them to the Presbytery , nor any Warrant given by the Presbytery for citing them ( Mr. Frazer of Brae , their Moderator , having declar'd to the Laird of Pitliver , and Mr. George Gray , Minister at Beath , that he knew nothing of a Libel against them , nor of any Order for citing them ) thought not themselves obliged to answer that illegal Citation , order'd by some private Cabal , probably the Compilers of the Libels that were to be given in . Whereupon the Heritours of the Parish , and Magistrates of the Burgh formed a Representation , and gave it in by some of their number to the Presbytery , complaining of the Injury done them and their Ministers , craving that they would be pleased to give the Authors such Rebuke as the matter deserved ; and withal desiring that if there were any particular Libels offer'd against their Ministers , or any of them , the Presbytery would be pleased to impart the same to them , to the effect that they might give due Information concerning their Ministers , of their Life , Conversation , and Deportment in their Charge . Mr. Iames Graham , one of the Ministers , went also to the Presbytery , and in his own and his Collegue's Name , complained of encroachment made on the Presbytery's Authority , and the Injury done to them , desiring , that at least they would declare that Citation void and null : After some Consultation , the Presbytery returned answer to the Heritors and Magistrates , that they sustained the Citation , and accordingly caused call the Ministers at the Church-door : None of them compeired : A little after they sent their Officer , desiring the Ministers to come to the Presbytery . Mr. Graham went ; the Moderator told him , the Presbytery had sustained the Citation ; Mr. Graham Pleaded that it could not be sustained , being both Informal and Illegal given without any order from the Presbytery , Appealing to the Moderator himself , who had lately declared that he knew nothing of a Libel against the Ministers of Dumfermlin , nor of their being Cited ; and , producing the Citation it self , shewed that it was in prima instantia , to hear and see the Sentence of Deposition passed . The Moderator confessed that he had said so , but now he remembred , there had been a motion before them at their last Meeting concerning the M●nisters of Dumfermlin : The Draught of the Citation he acknowledged was informal , the first Citation being only to answer to the Relevancy of the Libel . Mr. Graham is removed , and , after a little while , called ; the Moderator told him , that though they sustained the Citation , yet , in his favours who had compeired , they passed from it , and gave him the eighth of October to answer to the Relevancy of his Libel : He pleading the same favour to his Collegue , it was absolutely refused . That Day Mr. Simon Cupar , the other Minister , is cited to compeir before the Presbytery the Seventeenth instant , to hear and see Probation led against him ; the which day the Heritors and Magistrates went to the Presbytery and insisted on their former Representation , and pleaded that the first Citation might be declared null . Notwithstanding of which , the Presbytery proceeded and called Mr. Cupar before them ; the Moderator told him , that by his not answering the first Citation , he had forfaulted the benefit of objecting against the Relevancy of the Libel ; that the Presbytery had judged it relevant , and that now he was called to hear and see Probation led . Mr. Cupar answered , That he had not forfaulted the benefit of being heard on the Relevancy of his Libel , seeing it had been sufficiently represented to them by his Collegue the last day , that That first Citation was informal and illegal ; that his Collegue had compeired , not as answering that Citation , but as a Plaintiff in both their Names : That the Citation was previous to any Libel offered to , or considered by the Presbytery , and without any Iudicial Order , or Warrant granted by them , that the Citation was to hear and see himself deposed , and not to answer to the Relevancy of a Libel ; and therefore he ought as yet to be heard on that head . The Moderator answered , That they acknowledged the Informality of the first Citation , but sustained the Legality of it , seeing it had been proved before them , that there was a motion the day before of Citing the Ministers of Dumfermlin . Mr. Cupa● urged , that a motion was not a sufficient ground , except a Libel had been presented , considered , and Warrant given thereupon , &c. He is removed , and , after a little space , called on . The Moderator makes return , that the Presbytery sustained that first Citation , and were resolved now to proceed to the Examination of the Witnesses . Mr. Cupar pleaded , That before they proceeded to Examine Witnesses , he might be allowed to see the Libel , and to give in his Answers to it , because his Answers might perhaps prevent the necessity of putting any to their Oaths ; and if any thing should be deponed , which he could disprove , he behoved either to be debarred from just defence , or an occasion must be given to contradictory Oaths . This was absolutely refused him , only a double of the Libel is given him ; and the Moderator told him , That though immediately after the Deposition of the Witnesses , they might proceed to Sentence , yet he should have the Eighth of October to hear the Depositions , and make answer . The Heritors pleaded , that , conform to an Act of Parliament , Mr. Cupar might be present at the Examination of the Witnesses , ( which being denied , alledging that Act reached not Church-Iudicatories , ) they protested and took Instrument . Then pleading that they might be present : This also was denied . Notwithstanding several who were not Members of the Iudicatory , were admitted . The Witnesses , about thirty , were called ; five only compeired at that time ; against whom Mr. Cupar objected not : They are sworn ; the rest of the Witnesses answered , some that day , some on the morrow ; Mr. Cupar was not called , nor enquired if he had any thing to object against them : One Robert Mody , who had an hand in forming the Libel , officiates as Clerk at the deposition of Witnesses ; whose Depositions were not read over to them , nor they required to subscribe the same . Upon the Second of October Mr. Graham is Cited to the Eighth , to hear and see Probation led against him , and receives a double of his Libel , notwithstanding the Presbytery had allowed him that day to be heard on the Relevancy of his Libel : An Evidence that the Citations were not ordered by the Presbytery , but by the Libellers . October the Eighth , The Heritors and Magistrates made a second Address to the Presbytery , complaining of their procedure against their Ministers , and bearing an ample Testimony of their Life , Conversation and Deportment in the Exercise of their Ministry , &c. Notwithstanding of which they proceeded to call Mr. Cupar . The Moderator proposed two Questions to him : First , By what Authority he could presume to exercise any Ministerial Office independent upon them , seeing the Power by which he was Installed , was dissolved ? Secondly , Whether or not he owned their Authority ? And by another Minister it was proposed that he should be charged with his Absence from the several Dyets of the Presbytery , since their sitting at Dumfermlin . Mr. Cupar answered , That he came to hear the Depositions of the Witnesses , and to make his Defence , but understood not the design of these Questions , seeing by the Laws of the Land he was in bona fide , to exercise his Ministerial Function , and had not hitherto declined their Iudicatory . Hereupon the Heritors gave in another Paper ; in which , narrating their former Representation , and their Address that day , with the Presbytery's slighting of both , they protested against the Presbytery's further procedure ; and did Appeal from them to the General Assembly ensuing : Upon several grounds therein contained , which being read , and Instruments taken . Mr. Cupar did in his own Name also Appeal from them to the said Assembly , upon the Reasons contained in the Heritor's Appeal , and others , which he reserved liberty to himself more largely to propose . About an Hour after they sent for Mr. Cupar ; the Moderator told him , the Presbytery had considered his Process , and had referred the same to the General Assembly ; and in the mean time they did prohibit him to exercise any ministerial Office , until the Meeting of the said Assembly , without giving any ground on which they founded such a Censure . Mr. Cupar told them , he thought strange of that Step of their procedure , that after Appeals and the Process referred by themselves , they should proceed to Sentence . About six a Clock Mr. Graham is called ; he complained that though the Presbytery had given him that Day to be heard on the Relevancy of his Libel ; yet he had received a Citation to hear and see Probation led . The Moderator disown'd that Citation , and offered to burn it . Tomorrow at nine a Clock is assigned him , and the Witnesses are apud act a cited to the same Dyet . After he had been heard on the Articles of his Libel , the Relevancy of it is referred to the General Assembly , and he apud act a summoned to the same , the Witnesses were dismissed unexamined . The LIBEL against Mr. CUPAR . THat , First , He has been a great Persecutor of the Godly , such as through tenderness of Conscience could not go along and join with him in his Apostacy , by sending of his Elders in the Year 〈◊〉 to inform against them , to the Judges appointed for that effect , at Cupar of Fiffe , whereby great trouble did arise to many good Persons , as Fining , Imprisonment , &c. Secondly , That he has been supinely negligent , contrary to 1 Tim. 3. 2. As , 1. That he doth not visit Families ministerially . 2. Hath not privately and personally stirred up the People to the Duties of Holiness . 3. In neglecting to visit the Sick. 4. That he omits to lecture or explain the Scriptures , according to an Order of the General Assembly for that effect . Thirdly , That he hath horribly profaned the Ordinance of the Lord's Supper , by his admitting of unclean Persons to that holy Ordinance , &c. That he admits and keeps on his Session , ungodly scandalous Elders , some of which are Drunkards , Tiplers , others Swearers , and the most part ignorant , and Neglecters of the Worship of God in their Families , Profaners of the Sabbath . Fourthly , That he hath not brought several scandalous Persons , such as Adulterers and others , nor so much as endeavoured to bring them to Repentance , nor to undergo just Censures in order thereto . Fifthly , That he hath sacrilegiously robb'd the Poor of the Charitable Offerings of the People ; which is aggravated by this , That he hath bestowed the same to carry on Persecution against poor , well-meaning , godly People ; for the proof of which , the Session-Book is required . Additional Article : That he entred and hath been admitted to the Charge of the Parioch of Dumfermlin , by presentation of the Patron , Collation , and Institution of the Prelate , and that against the Consent of the generality of the godly and serious persons within the said Parioch ; and that he hath in all things joyned and complied with , and assisted Prelacy , contrary to the Word of God , established Law of the Church , and the Lands solemn Engagements thereto ; and by taking the Oath of the Test , has manifested his incorrigibleness : For which , and the fore-named Scandals , the generality of the serious and godly in this place never accepted of him , or received him as Minister , but have been groaning under his persecutions upon that account . His ANSWER . TO the First and Fifth Articles , bearing his persecuting Dissenters , by his sending Elders to inform against them , and his sacrilegious robbing the Poor to carry on his Persecution . This is utterly false , and is not so much as probable , that the Elders should be sent on that Errand , or that they would go . The only ground of this is , That in the Year — all the Elders were summoned to Cupar of Fi●●e , to give Informations to the porteous Roll , in order to the Circuit Court held at Sterlin . The Elders complained of this Burden ; and application being made to some then in power , that they might be freed of that trouble , it was answered , That the ordinary course of such Jud●catories required it ; but that two or three might go in the Name of the rest : Which being represented to the Elders three are condescended on , viz. Iohn Cupar , Thomas Steinson , and Iohn Main , the rest , each one contributing eight Shillings Scots to defray their Expences . To the Second , The Parioch of Dumfermlin extends on every side , two Miles from the Town , in some Corners three : It consists of above two thousand seven hundred examinable persons ; every Family in the Town is visited ordinarily once a year , and twice examined : the Landward is divided into upwards of twenty Districts . These are visited twice a year , and all persons capable are convened to be examined on the principles of Religion , the Duties of Holiness , and relative Duties are particularly recommended , besides on all accidental Occasions of Baptism , Marriage , Difference in Families or between Neighbours , &c. they are particularly treated with in private . The Sick , upon notice given , are carefully attended , and the Scriptures explained , sometimes in larger , sometimes in lesser portions . To the Third and Fourth , all due Endeavours are used to debar scandalous and notarly vicious persons from the Lord's Supper : The Elders are Men of as unquestionable Integrity as any of their Quality in the Parioch ; at least nothing to the contrary , of either Communicants or Elders , was ever privately or publickly signified to him . Discipline has been carefully and impartially exercised . To the Sixth , His entrance to the Charge was by presentation of the Heretors and Magistrates , the then undoubted Patrons ; his Admission was legal and approved , by the favourable reception of the Parioch ; his Ministry countenanced by all ( a few excepted ) being ordinary Attenders on the publick Worship , and Partakers of other Ordinances of Religion under his Ministry . Indictment and Libel against Mr. James Graham , Incumbent at Dumfermlin ; given in against him to the Presbytery of Dumfermlin , the Twentieth of August , 1690. THat whereas by several Acts of the General Assemblies of this Church , and consonant to the Word of God , and in particular by Act of the late general Meeting , ratified by an Act of this present current Parliament , all scandalous , erroneous , persecuting , and supinely negligent Ministers are to be cognosced upon , and censured according to their Demerits , by the respective Presbyteries in which they live . And it being of verity , that the said Mr. Iames Graham is guilty of the Scandals , Enormities , and Transgressions following , viz. As , First , That he hath entred and been admitted to the Charge of the Parioch of Dumfermlin , by presentation of the Patron , Collation , and Institution of the Prelate , and that against the Consent of the generality of the godly and serious Persons within the said Parioch ; and that the said Mr. Graham has in all things joyned and complied with , and assisted Prelacy contrary to the Word of God , establish'd Laws of this Church , and the Land 's solemn Engagements thereto , and his taking of Declarations and Canonical Oaths , has testified his Incorrigibleness . Secondly , That he hath been supinely negligent , contrary to 1 Tim. 3. 2. As , 1. That he doth not visit Families ministerially . Nor , 2. Hath not privately and personally stirred up the People to the Duties of Holiness . 3. In neglecting to visit the Sick. 4. That he omits to lecture or to explain the Scriptures , according to the Order of the General Assembly for that effect . 5. That he Catechises not , according to the Larger and Shorter Catechisms . 6. That he takes no notice of Quakers in his Parioch , who exercise all the Duties of their Religion without control . Thirdly , That he hath horribly prophaned the Ordinance of the Lord's Supper , by his admitting of unclean Persons to that holy Ordinance . 2. That he hath admitted and keeps on his Session very scandalous Elders , some of which are Tiplers , others Swearers , and the most part ignorant , and Neglecters of the Worship of God , in their Families , Prophaners of the Sabbath . Fourthly , That he takes no notice of Persons publickly prophaning the Sabbath-day , in the Town and about it , by dighting of their Beer to the Pot , bringing in of Water and Kail , and their Walking , Drinking , and Caballing ; Children's playing ( and his own among the rest ) and that in a constant course ; which is not unknown to him , at least should not be , being so publickly acted . Fifthly , That he hath not brought several scandalous Persons , such as Adulterers , Fornicators , and others , nor so much as endeavoured to bring them to Repentance , nor to undergo just Censure in order thereunto ; for Proof of which , the Session-Book is required . For all which , and sundry others not express'd , he is justly censurable ; and therefore it is humbly craved , that the Brethren of the Presbytery of Dumfermlin would take cognisance of the same ; and being found guilty thereof , that the Presbytery may inflict such Censures , as in their godly Wisdoms they shall think meet : And that he may be examined upon his Doctrine and Sufficiency , is desired by Andrew Rolland of Gask , and William Smith , in Dumfermlin , in Name of several Presbyterians in Dumfermlin . The Life and Conversation of these two Ministers , were so innocent and exemplary , that there was not the least Pretext of charging any Immorality upon them , nor any Crime , but what was forged by Ignorance and Malice : Wherefore their Libels were adduced as a special and particular Proof , to shew how unjust and ridiculous the Presbyterian Clergy are towards such as are of another Persuasion ; especially when it was requir'd to try Mr. Graham in his Doctrine and Sufficiency ; a Person whom all know to be an able Divine and an eminent Scholar . It happened that some carried these Libels to London , where the matter was represented to a certain Person of Quality , a great Friend and Prop to the Presbyterian Party and Interest ; and he was so set upon for this , that he thought himself obliged to write to the leading Men of his Party in Scotland , to meddle no more with the Ministers of Dumfermlin , because it was made a great Objection against them . This was the Cause why the Process against Mr. Graham was let fall : But though there was the same Reason to right Mr. Cupar , yet because the Sentence was already past against him , they would not re-call it , as if all their Acts were of the nature of the Laws of Medes and P●rsians . The General Assembly referred them to the Commission ; and from one Session of the Commission , he was put off to another , with this Excuse only , That they had no leisure , for other Business , to consider his Case . At last , Mr. Cupar being wearied with so long and so frequent attendance , and finding his Parioch grudging the want of his Ministry , at their importunity he has returned to the exercise of his Ministry , the Presbyterians not being able to oppose or hinder it , unless by the French method of Dragooning the Parioch . Mr. George Johnston his Case Represented . Information to the Presbytery of Kirkaldie , against Mr. George Johnston , pretended Minister of Brunt-Island . IT having been humbly represented to the Reverend Presbytery , That the said Mr. Geo. Iohnston ought to be tried by them ; and by their Sentence deprived of , and removed from his pretended Ministry at Brunt-Island , upon these Grounds and others to be added , as there shall be occasion . First , As to the said Mr. George his entry to his pretended Ministry . It was by Episcopal Ordination , Presentation , and Collation , and which obliged him to take Declarations , Oaths of Allegiance , Supremacy , and Canonical Obedience , which are contradictory to our National Engagements , and inconsistent with Presbyterian P●inciples , which hath involved in them Persecutions and bloody Cruelty , that hath been exercised upon Presbyterians , these by-gone Years , nor have we heard ever of any resentment he ever had or hath thereof till this day , whatever length he may now come to , to secure his Benefice ; yea , we are obliged to judge him the same Man he was , seeing he keeps at his old forms of singing the Doxology , &c. Nor can there any change be seen upon him from what he was : And how in this case Presbyterians can submit to his Ministry , we cannot see . Secondly , As to his entry at Brunt-Island , it then gave great g●ound of Jealousie , that he was a Man of bad Principles , and Jesutically inclin'd ; for having bee● Curare at Fala , and having been deserted of that People , and they deserted of him , he was dispensed with by the Earl of Perth , Chancellor , and others of our Arbitrary Rulers , anent the Test that time imposed ; and the said Earl of Perth , and that Cabal , then being his Patrons , they did by the Earl of Melford , procure for him a Presentation to the Benefice of Brunt-Island ( being then vacant , and the King Patron ) till a more eminent place should be provided for him ; which at that time gave great Offence to all sorts of people here ; and which yet more encreaseth this Jealouse , not only of the Presbyterian Party , but even of his own Brethren , the Curats of their Meeting at Kirkaldie : for without acknowledging that Meeting , upon his obtained Presentation , he received his Institution from one single Neighbor Curate ( by what Authority is unknown to us ) who came and gave him the Keys of the Church-Doors and Bell-tows , as Symbols of possessing his Benefice ; which was so received by that Meeting , that they then judg'd his Practice irregular , and this Man who used it , to be of bad Principles ; for which they resolv'd to disown him for a Brother , and ( for any thing known to us ) they continue in the same mind still , having hitherto heard nothing of their further Brotherly Correspondence ; so that at his Entry here , he was under a very bad Character . Thirdly , The Jealousie mentioned ( not without just Ground ) of his unsound Principles and Practices , is so universally entertain'd , and hath taken such impression amongst all that are Presbyterian in that Congregation , that there can be no ground to expect that his Ministry can do good in that place , though it were submitted to ( as it never will be ) by the Presbyterians in that Parish . It must therefore certainly be very inconvenient ( if not unjust ) to force him upon us , or to require or expect our Submission in this Case to a Man's Ministry we have such Resentments of , and Reluctancy against , as is exprest . Fourthly , Since his Settlement here , his Negligence in his Ministerial Work hath been visible to all : For except upon Invitation to visit sick persons , we know no Ministerial Work he hath performed , except his custom●●y preaching , which he must perform for his Hire ; and in those Visits , be the Persons never so ignorant , he seldom ( if eve● ) fails to find them in that good Case , as to assure them of Heaven , and so sooths them in their Sins , &c. But as to any other part of the Ministerial Work , in Visitation of Families or Examination ( though he hath been near two years incumbent here , ) there is no shadow of Account can be given , until the Act for settling of Presbyterian Government was past ; wherein he and his Adherents finding his supine Negligence in this would readily meet him . To prevent this hazard , he goes about to take up a Roll in the Parish in order to Examination : And even in this last he hath made some discovery of himself : for in his Circuit of his coming to some of the Presbyterian's House to enquire their Names , and interrogating if they used to come to Church . It was answered , they did not ; for being Presbyterians , they waited on the Ordinances of the Meeting House ; which he affirmed was their great Sin : and it being replyed to that , That they judged it no Sin , but a Duty : He asserted it to be their greatest Sin , and so left them : and if what is said infer not Insufficiency , we know not what will. Fifthly , His unconcernedness in matters of Scandal seems also to infer , both Negligence and Scandal against him ; whereof Providence hath lately afforded us a sufficient Instance while he was Curate in Fala . A Scandal of an Adultery in the Parish of Dalkeith , pursu'd before the Session there , and the persons guilty , being contumacious , it was by a Reference brought to their Presbytery ( such as it was ) where he was a Member ▪ and from them to the Bishop and his Synod , where he was a Witness to the whole Process , which is very dextrously conducted , and the Guilt fully and clearly instructed ; so that the Scandal was manifestly notair to him . But so little was his Zeal and Tenderness , that though the Adulterer , hath as a Stranger being valetudinary , lived in Brunt-Island ever since Mr. Iohnston came here , unknown to any Person but to him ; yet he never made discovery of him to any Person , but suffered him of late to be m●rried ( though under Suspicion also to be married to another Woman at London ) without any Intimation of the Scandal : but a little after , upon an emergent , the Magistrates of Brunt-Island , finding it their Duty to enquire after that Scandal , and making their Application to the Incumbent at Dalkeith , he gave them a full account of the Process , and produced very freely to them the Session and the Presbytery Books ; where they saw the Process very clearly instructed , where that incumbent did exceedingly marvel , that Mr. Iohnston , that had been a Witness to this whole Process , had past over this matter ; and did then write a Letter or Declaration anent that Business , and directed it to the Magistrates and Ministers of Brunt-Island to be looked after , which was delivered to Mr. Iohnston by the Magistrates , and he urged to publish the same by them , that the people might be upon their Guard and know how to carry towards him ; which with the advice of his Adherents he refused to do . Sixthly , The Presbyterian Party here ( as in other places ) having for Conscience sake been fined , persecuted , and born down for Non-complyance with Prelatical Courses , carried on by such Instruments these years by-past ; and having had this Yoke of Bondage thus wreathed about their Necks , could not but in all reason and Justice expect , that when the Lord should return to have mercy upon Zion , and put the Government of his House in the Hands of his own Servants , to manage the Affairs of his Church , that we should be eased of this unsupportable Burthen . And can it be supposed any feigned submission Mr. Iohnston can now give for this World's sake , can either satisfie our Consciences , or persuade us of his Sincerity in this matter , whose Principles have been to follow Courses to maintain that wicked Hieratchy ? Nor can it be suppos'd the Reverend Presbytery , who have it in their Power to ease us of this Burthen , will instead thereof wreath this Yoke yet upon our Necks , and thereby sink us under it , and make our Bondage yet more grievous to be born . Seventhly , The Presbyterian Party in the Parish are all Unanimous never to submit to Mr. Iohnston's Ministry , nor to own him in that Station , whatever may be the Event ; and if the gratifying of him and his Adherents in this matter be the way to secure and settle Presbyterian Government , it may easily be conjectured , when it is considered , that there is no Person for him who is not an Enemy openly declared in Judgment and Practice against Presbytery ; which but corresponds to Mr. Iohnston's own Declaration and Judgment in his Case ; for when Summons were given him to appear before this Reverend Presbytery , he did even then disown their Authority , affirming he would not appear before them , having another Presbytery of his own , to whom he would answer , but not to them ; or he would answer to the Council . Eighthly , It is not to be doubted but a disappointment in this matter , will occasion such a rupture amongst us , as will not be easily healed ; And what the end or event of that may be , who can tell ? Nor can it be expected or judged just , to impose upon us the keeping up of a Meeting-House to prevent other inconveniences , since there is a Legal Maintainance due to the Faithful Ministers there , in whose Ministry the Presbyterians there pretend the largest share . Ninthly , How can it be supposed that this Man is of Presbyterian Principles , or a Friend or Well-wisher to the late Happy Change in the Government of Church and State , since all his Familiarity is with such as are well known to be Friends to neither ; nor have we an instance of any thing done by him to signifie his satisfaction with the Change , except his Praying for K. W. and Q. M. which is not doubted was done by Advice to keep off a present stroke : And it was observed , and generally talked of , when he was ordered to read that Proclamation for Praying for their Majesties , he did read it , but with that contempt in his reading , sitting on his bottom and mu●●ering it , that his manner of reading of it made many think there was more contempt in doing thereof , than if he had forborn it . And such like there having been a Sol●mn Day of Thanksgiving appointed to be kept , and a Proclamation issued out from the Convention of Estates for that effect ; for his own security , he preached one Sermon that Day , but spoke not one word to the occasion of it . As also , there being of late a Solemn Day of Humiliation to be kept , by appointment of Parliament and general meeting of Ministers , for Happy Success in the King's Expedition for Ireland , &c. he preached that Day , but was so general and unconcerned , as no hearer could have judged , by his discourse , one Sentence in his Sermon relating to the occasion , which cannot but give a discovery of the Man's Spirit and Principles by which he is led , whatever he may pretend to the contrary : And it is no wonder to see him contemn Authority , who affirms neither Church nor State to be right . Tenthly , How true a Friend he is to the Protestant Religion and Protestants for its sake , may be conjectured by his Charity to the poor banished Protestants , who were lately forced to fly from Ireland : For there having been a publick Collection appointed to be gathered for their necessary Supply , he not only neglected to intimate the Appointment to his Hearers , and press them to that Duty of Charity ; but it was commonly said , he used all the means he could to dissuade such as he had influence upon to contribute any thing in that Charitable Supply ; and the event was answerable to his design and desire , for nothing was collected in that Church for that use ; nor did any Person , within his Association , contribute one Farthing thereto . From what is said , it may appear what just grounds there are for trying Mr. Iohnston anent his pretended Ministry , and the Exercise of it at Brunt-Island ; which is left to the Reverend Presbytery's Consideration , and their definite Sentence for his removal from amongst us , as to his pretended Ministry , is humbly expected and waited for . This is given with Protestation to add further , as there shall be occasion : And beside all that is said , Mr. Pitcairn was called to the Ministry of Brunt-Island , and appointed by the Synod of Fife to serve there long before Mr. Iohnston's intrusion amongst us , so that Mr. Iohnston can have no just pretence . Sic subscribitur , THO. NAIRN . Remarks upon the foresaid LIBEL , given in against Mr. GEO. JOHNSTON . THE First Article will be confessed , and none , except the ignorant composers of the Libel , will have the worse opinion of Mr. Iohnston on that account . As to the Second , it may be said , That Mr. Iohnston might as well take a Presentation from K. Iames , who was undoubted Patron of the Church of Brunt-Island , as the Presbyterians an Indulgence from the same King ; the one is no Crime , the other cannot be well justified , because contrary to standing Laws , and because they knew the Design was to make way for Popery , which Mr. Iohnston is less a Friend to , than the Presbyterians are . Whereas it was said , That he was deserted of the People of Fala , the contrary is very well known , for that People had a great love to him , and he was in good esteem amongst them : They expressed a great deal of regret when he parted from them ; and if there were any who ran to the Presbyterian meeting-house while he was there , they were very few , and very inconsiderable . His manner of Institution to the Church of Brunt-Island , was not singular , nor yet irregular , according to the practice of the Church , and can be no reasonable prejudice against him . Nor is it true , That the other Ministers of that Presbytery disowned him ; for they always did , and still do , entertain a Brotherly Correspondence with him . As to the Third , It might have been true , That the Presbyterians entertained a Jealousie of him ; and their groundless Jealousie might have raised a Prejudice against his Ministry : But notwithstanding of that , Mr. Iohnston is very capable of doing good in that Parioch , because the Presbyterians are not near the number of the People of another Persuasion , who love Mr. Iohnston's Person , and are so very well pleased with his Ministry , that they have testified a great deal of Concernment for him . As to the Fourth , All that know Mr. Iohnston , know that he maketh Conscience of discharging the Duty of a Minister ; so that he cannot be liable to censure upon this Head ; except amongst ignorant and malicious Persons , his Omissions will be found very pardonable : And what is there given as an instance , is to be ascribed to the confusion of the Times ▪ rather than to any neglect of his . It is indeed a little strange to see an Episcopal Minister accused by Presbyterians , for encouraging Persons with assurance of Heaven , without pressing Repentance upon them ; for the Presbyterian Ministers are known to be much more guilty of this : And the only Reason why the Vulgar use to be more affected with the Visits of Presbyterian Ministers , than with the Visits of Episcopal ones , is , That the Discourses of the one goes all upon Comfort , and the other mostly on Duty : It is the practice of the Episcopal Clergy , first , to press Faith , Repentance , and Obedience to the Laws of God , and to give hopes of Heaven only upon these terms ; which , being somewhat hard to Flesh and Blood , therefore some choose the Presbyterian way of it , which is more easie , but certainly not so safe . As to the Fifth , The scandalous Person there spoken of , was living in Brunt-Island before Mr. Iohnston came to it , and had joyned himself to the Presbyterian Meeting-House , so that he was never under Mr. Iohnston's cure ; and considering the Indulgence given , then to those of that Persuasion , there was no Obligation on Mr. Iohnston to take notice of one who belonged not to his Congregation . The Banns of Marriage , were proclaimed in the Meeting-house , and he was Married by the Presbyterian Minister ; and therefore , if the suffering him to be married was a Fault , it cannot be charged upon Mr. Iohnston . The emergent which , they say , put the Magistrates of Brunt-Island upon their Duty to enquire after this scandal , was only some difference that fell out betwixt them and him ; whereby it is evident , that their prosecuting of scandal proceeds more often from a Pique , than from any sense of the Sin. The Sixth Article is Trueblue Presbyterian , and if it be admitted as relevant , the whole Episcopal Clergy must be dismissed . As to the Seventh , whatever be the Resolutions of the Presbyterian Party , it is the concerted Resolution of the Episcopal Party to own Mr. Iohnson , and to adhere to him . It is no more just to satisfie the one than the other , and it is reasonable that the lesser number yield to the greater . The Eighth is very unjust , for the accidental Inconvenience which some bring upon themselves , is no good reason for the taking away ones Legal Rights and just Possession . There is nothing in the other remaining Articles but uncertain Sur●ises and uncharitable Constructions ; and therefore this very Libel is a great Demonstration of Mr. Iohnston's Innocence . For when no real Crime could be objected against him , by these whose M●lice prompted them to do it , if 〈◊〉 had been● the least ground for it , it is evident , that his Depo●●ment : and Ministry were unblameable ; and consequently the Presbytery most unjust who suspended him , and the Commission of the General Assembly no less , who refused to repone him , and redress the Wrong● he ha●● met with . The Commission res●●ing to right Mr. Iohnston , the Parish of Brunt-Island being very sensible of the Injury which both he and they received , resolved to do themselves right ; and so they met , gave Mr. Iohnston a new Call , and put him in Possession again of the Church , declaring that they will maintain him in it by a strong Hand . And there can be no reason given why this way of possessing Ministers should not stand and be justified as well as the dispossessing and turning them out by a Rabble . The Presbyterians fret very much at this , as they have reason , because it shakes one of the pretended Pillars of their Kirk , viz. The Inclinations of the People ; and therefore they have taken out Council-Letters , requiring them to deliver up the Keys of the Church . The End of the First Part. 
A39787	----	Two discourses concerning the affairs of Scotland, written in the year 1698 Fletcher, Andrew, 1655-1716. 1698 Approx. 112 KB of XML-encoded text transcribed from 54 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A39787 Wing F1298 ESTC R6685 12416869 ocm 12416869 61705 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A39787) Transcribed from: (Early English Books Online ; image set 61705) Images scanned from microfilm: (Early English books, 1641-1700 ; 666:6) Two discourses concerning the affairs of Scotland, written in the year 1698 Fletcher, Andrew, 1655-1716. 50, 54 p. [s.n.], Edinburgh : 1698. Written by Andrew Fletcher. Cf. Wing. Cf. also Publications (Edinburgh Bibliographical Society). Edinburgh, 1896-1935. v. 4, p. 126-128. First edition. Reproduction of original in Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1689-1745. 2007-06 TCP Assigned for keying and markup 2007-06 Aptara Keyed and coded from ProQuest page images 2007-08 Robyn Anspach Sampled and proofread 2007-08 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion TWO DISCOVRSES Concerning the AFFAIRS OF SCOTLAND ; Written in the Year 1698. Edinburgh , 1698. The first Discourse . NO Inclination is so honorable ▪ nor has any thing bin so much esteemed in all Nations , and Ages , as the love of that Country and Society in which every man is born . And those who have placed their greatest satisfaction in doing good , have accounted themselves happy , or unfortunate , according to the success of their endeavours to serve the interest of their Country . For nothing can be more powerful in the minds of men , than a natural inclination and duty concurring in the same disposition . Nature in most men prevails over Reason ; Reason in some prevails over Nature : but when these two are joined , and a violent natural inclination finds it self owned by Reason , requir'd by Duty , encouraged by the highest Praises , and excited by the most illustrious Examples , sure that Force must be irresistible . Constrained by so great a Force , and the circumstances of my Affairs not allowing me to be otherwise serviceable to my Country , I have in the following Discourse given my opinion concerning divers matters of Importance ; which probably may be debated in the approaching Session of Parliament . I shall be very well satisfied , if any thing I say do afford a hint that may be improved by men of better judgment to the publick Good. I hope I shall not be blamed , for giving my opinion in matters of publick concernment ; since 't is the right and duty of every man to write or speak his mind freely in all things that may come before any Parliament ; to the end that they who represent the Nation in that Assembly , may be truly informed of the sentiments of those they represent . Besides , we are now no more under those tyrannical Reigns in which it was a crime to speak of publick Affairs , or to say that the King had received bad counsel in any thing . If in this discourse I argue against some things , which perhaps may not be proposed in the ensuing Session of Parliament ; they are nevertheless such , as persons in publick trust have in their conversation given just cause to think they were designed . 'T is probable that the Parliament before they proceed to any other business , will take into consideration a transaction , which having passed since the last Session , may , if it be not abolished , import not less than the infringing the freedom of this and all subsequent Parliaments ; I mean , the farming of the Customs to the State of Burroughs . Corruption is so entirely disowned by all men , that I may be allowed to say , when I name it , that I name the blackest of Crimes ; and when I name any guilty of it , I name a very odious Criminal . But Corruption is more or less dangerous in proportion to the stations in which corrupt men are placed . When a private man receives any advantage to betray a trust , one , or a few persons may suffer ; If a Judg be corrupted , the oppression is extended to greater numbers : But when Legislators are bribed , or ( which is all one ) are under any particular ingagement , that may influence them in their Legislative capacity , much more when an intire State of Parliament is brought under those circumstances , then it is that we must expect Injustice to be established by a Law , and all those consequences , which will inevitably follow the subversion of a Constitution , I mean , standing Armies , oppressive Taxes , Slavery ; whilst the outward form only of the antient Government remains to give them Authority . I confess I have been often struck with astonishment , and could never make an end of admiring the folly and stupidity of men living under some modern Governments , who will exclaim against a Judg that takes bribes , and never rest till he be punished , or at least removed ; and yet at the same time suffer great numbers of those who have the Legislative Authority , to receive the constant bribes of places and pensions to betray them . But we shall have less to say for our selves , if we suffer the Votes of the whole State of Burroughs to be at once influenced by the farming of the Customs . For in other places the impudence of Bribery has gone no farther than to attack single persons ; but to endeavour at once to bribe a whole State of Parliament , is an attempt of which it seems we only are capable . Yet to show how far I am from suspecting any man of the least bad design , without a cause , I shall say , that as I know this business of the Farm above-mentioned was first moved without any design to influence the Votes of the Burroughs in Parliament ; so I am willing to believe that few of those who have since acted in this Affair had any such design . But if any man , after due consideration of the evil consequences which must follow , and are inseparable from such a Farm , shall still persist in endeavouring to continue it , he cannot but be an Enemy to the Liberties of his Country . This is so bold an attempt , and so inconsistent with the freedom of Parliament , that till it be removed 't is to be presumed they will not proceed to any other business : but this obstruction once taken away , we may hope they will begin with that Affair which presses most , and in which the Nation is so universally concerned , I mean that of the African and Indian Company . I know some will exclaim against this method , and propose that the business of the Army may be first taken into consideration , as of more general concernment to the Nation whether it stand or be disbanded . They will not fail to say , that before all other things the King's business ( as their stile runs ) ought to be done . To this I answer , that he who makes a distinction between the business of the King and that of the Country , is a true friend to neither . And if it be consider'd , that the Ships of the Company are sailed ; that Scotland has now a greater venture at Sea than at any time since we have bin a Nation ; that the accidents and misfortunes to which an enterprize of this nature is subject , are so many and so various , either by the loss of Ships from the ordinary hazards of the Sea , or Hurricanes ; by sickness of the men , who for the most part are neither accustomed to such long Voyages , nor to Climats so different from their own ; by the death of one or more of those to whom the conduct of this Affair is principally entrusted ; by being disappointed of fresh Provisions when those they carry with them are spent ; by being attack'd at Sea or at Land , before they have fortified a place for themselves , or a thousand other accidents , ( for all things are extremely difficult to the first undertakers ) I say , if it be consider'd , that Provisions , or the smallest things necessary , falling short but by a few days , have often bin the ruin of the greatest Vndertakings , and chiefly of those of this kind ; there cannot be any more urgent affair than that of providing incessantly a supply for the necessities of so many men as are on board those Ships , who may be brought under extraordinary sufferings by a delay , whilst our standing Forces are living at ease . Especially since the Nation has so great a Concern in this Enterprize , that I may well say all our hopes of ever being any other than a poor and inconsiderable People are imbarked with them . The reputation and power of this Nation was formerly very considerable as long as Armies were composed of those numerous Militia's of the Barons . Our Ancestors have often seen 60 , 80 , or 100 thousand men under their Ensigns , which then might well bear the motto , That none should provoke them unpunished . Since that time , the face of things is quite changed throughout all Europe ; and the former Militia's being altogether decay'd , and no good ones any where established , every Country is obliged to defend it self in time of war , and maintain its reputation by the force of Mony ; that is , by mercenary Troops , either of their own , or of other Countries both by Sea and Land. But such a vast expence , the riches of no Country is able to support without a great Trade . In this great alteration our case has been singularly bad and unfortunate : for partly through our own fault , and partly by the removal of our Kings into another Country , this Nation , of all those who possess good Ports , and lie conveniently for Trade and Fishing , has bin the only part of Europe which did not apply it self to Commerce ; and possessing a barren Country , in less than an age we are sunk to so low a Condition as to be despised by all our Neighbours , and made uncapable to repel an injury , if any should be offered : so that now our motto may be inverted ▪ and all may not only provoke , but safely trample upon us . To recover from such a condition , what would not any people do ? What toils would they refuse ? To what hazards would they not expose themselves ? But if the means by which they are to recover , are not only just and honorable , but such as with restoring honor and safety to the Nation , may give encouragement to that excellent , tho now suppressed and almost extinguished spirit of our People , and gratify every man in the eases and pleasures of Life : is it not strange that there should be found men amongst us capable to oppose those things ; especially at a time , when , I may say , by no contrivance of any man , but by an unforeseen and unexpected change of the genius of this Nation , all their thoughts and inclinations , as if united and directed by a higher power , seem to be turned upon Trade , and to conspire together for its advancement , which is the only means to recover us from our present miserable and despicable condition ? For hitherto our convenient Situation and good Harbours , our rich Seas and Lakes have bin unprofitable to us ; no care has bin taken to set the Poor at work ; and multitudes of Families for want of employment by Trade and Manufactures , go yearly out of the Kingdom without any intention to return . In such a state and condition of this Nation , it seems these men find their account better , than if our Country were filled with People and Riches , our Firths covered with Ships , and they should see every where the marks of what good Government and Trade are able to produce . But I shall be told , that I go upon a mistake ; and that no Scots man is an Enemy to the African Company : That those who approach his Majesty ; know most of his mind , and are most entrusted by him in the Government of this Nation , and such as are influenced by them , would only have the Parliament to consider the streights and difficulties his Majesty would be put to , if he should in an extraordinary manner encourage this Trade , by reason , that being King of England ▪ and Stat-holder of the Vnited Provinces , our interest in this point may come to interfere with that of those Nations . The people of those Countries solicit , each in favour of their own Companies : Will not these men so much as advise the King to distribute impartial justice , and to let every one have the proportionable reward of his industry ? O but we have an immunity from Customs for many years ▪ which neither the English nor Dutch enjoy . I shall not say , that when the English Nation shall come to a perfect knowledg of their Interest , they will be convinced that Riches in Scotland will be beneficial to England , since the Seat of the Monarchy is there . I need not say that the English and Dutch are free people , and may surely procure for themselves as great advantages as Scotland : But that Scotland offered to both Nations a share in that advantage which they had obtained for themselves only ; and to England an equal share . I know the Parliament of England took the thing warmly at first ; but when upon due consideration they found that we had not given them the least just ground of offence , but on the contrary , made them the fairest offer we could ; it was then let fall , and has not been mentioned in the last Session . So that what these Gentlemen alledg of his Majesty's difficulties to satisfy the English in this point is false , unless by the English they mean those who having for many years oppressed the English Colonies in America , are afraid that if any Settlement should be made in that part of the world by us , under a free Constitution , the English Planters removing to it , might occasion a strict inquiry into their Crimes , and their Punishment for them . I do not hear that the Dutch have presented any Memorial to his Majesty against our Company , and cannot imagine in what terms any such Address , either from them or the English , can run . Should it be , that his Majesty ought not to protect us in our just Rights and Privileges ? That he should break the Laws , and violate his Oath by our destruction ? Or undermine us as the Court did the fishing Company in K ▪ C's time , and frustrate this second as well as that first great attempt to make the Nation considerable ? That there have bin underhand dealings ( tho without his Majesty's knowledg , as we ought to believe ) the Affair of Hamborough dos sufficiently demonstrate ; and likewise that his Majesty's Ministers abroad , paid by the Crown of England , are no more to be looked upon as Ministers for the Crown of Scotland . Since we are separate Kingdoms , and have separate Ministers at home , we ought to have separate Ministers abroad ; especially in an Affair wherein we may have a separate Interest from England , which must always be in matters of Trade , tho never so inconsiderable . Neither ought we to have separate Ministers only upon the account of Trade , but upon all occasions , wherein the Honor or Interest of the Nation is concerned . That we have not had them formerly , since we were under one King with England , was , I suppose , to save charges , and because we trusted to the impartiality of such as we judged to be the Ministers of the King of Great Britain : But now we are undeceived ▪ and sure the Nation could never have bestowed mony better , than in having a Minister at the late Treaty of Peace , who might have obtained the reestablishment of the Nation in the Privileges they had in France , which was totally neglected : And notwithstanding the great and unproportionable numbers of Sea and Land Soldiers that we were obliged to furnish for the support of the War , yet not one tittle of advantage was procured to us by the Peace . Now these Gentlemen , at the same time , would perswade us to pay almost as many Forces in time of Peace , as we did in time of War ; and like Pharaoh's Tax-masters would have us make Brick without allowing us Straw . And all , that these Forces ▪ and the Regiments , which to the consuming of our people , we recruit in Holland , in case of any rupture abroad upon the account of the English or Dutch trade , may be employed in their Defence . To obviate then part of so many shameful things , 't is my opinion , That in place of laying a Land Tax upon the Kingdom for maintaining Forces to defend the English and Dutch Trade , we should raise one for the carrying on of our own : And ( since the Nation is so generally concern'd in this Indian Trade , that the ruin of it , which , God forbid , may very probably draw along with it that of the whole Trade of the Kingdom ▪ and a perpetual discouragement from ever attempting any thing considerable hereafter ) that a twelve-months Cess should be levied for the support of it ; and that whatsoever may be the product of that mony , by the trade of the Company , shall go to the easing of the Nation from publick Burdens , whenever they shall make a Dividend of clear profit . For 't is but reasonable that , since the Company has bin unjustly hinder'd of that supply of mony which they expected , and might have had from strangers , they should have recourse for redress to the Parliament , who if they shall think sit to take such a resolution , the Company will be able immediately to procure an advance of ▪ Mony upon the credit of the Cess . It will be also sit , that the Company petition the Parliament to address his Majesty , that the three small Frigats , lately built at the expence of this Nation , may be appointed for a Convoy to the next Ships they shall send out . The Parliament having provided for this pressing Affair , will ( no doubt ) proceed to the business of the Forces , and to consider whether a Standing Army shall be kept up in time of Peace , as in time of War ; for the Arguments used to continue them for a year , may be improved to keep them up for ever ; especially since we have at this time a stronger Argument against them , than I hope shall ever be alledged hereafter ; I mean that of the Nation 's being exhausted of Mony by a three years scarcity next to a famine : But how long this may continue God only knows . A long and tedious War , which has cost this Nation much blood , is at length ended in a Peace . Our expence of Treasure has bin inconsiderable by reason of our poverty through want of Trade ; yet have we contributed our part , if the smalness of our Stock be considered . But in the loss of our People , which is an expence of Blood and Riches too , we have paid a treble proportion . Seven or eight thousand of our Seamen were on board the English Fleet , and two or three thousand in that of Holland : We had twenty Battalions of Foot , and six Squadrons of Dragoons here and in Flanders . Besides , I am credibly informed , that every fifth man in the English Forces was either of this Nation , or Scots-Irish , who are a people of the same blood with us . All these , by a modest computation , may amount to thirty thousand men . This I only mention to answer the Reproaches of those who vilify us as an inconsiderable people , and set a mean value on the share we have born in this War. I am unwilling to speak of the returns that have bin made to us for our assistance , by refusing to our Soldiers the Donative given to those who had served no better than they , and by pressing our Seamen , contrary to the Law of Nations . Now tho resenting the last of these during the War , would have mark'd us out for disaffection and Jacobitism ; yet we ought to hope it may be mentioned at this time without offence . But some will say , that the Blessings of Peace are so great , that not only the Calamities of War , but even Affronts and Injuries from our Neighbours , ought to be forgot and drowned in the joys , which the hopes of Ease , Tranquillity and Plenty must needs produce . And indeed I should be contented , that all resentments were sacrificed to such charming hopes , if they had any real foundation . But we have a Peace , and yet must not reap any benefit by it ; a poor Country is to maintain almost as many Forces as they did in time of War ; a Nation endeavouring to set up Manufactures , and to advance Trade , must still see their people consumed , by continuing on foot Mercenary Forces . I shall not insist upon the Arguments that may be brought against Standing Forces , nor go about to show how inconsistent they are with Liberty . I shall not mention the Examples of almost all the Nations of Europe , who by keeping up such Forces in time of Peace are become Slaves . This has bin fully made out by divers Treatises which have bin lately published , and are in the hands of most men . Perhaps also it will be said , that I am not to insist upon the point of Right in this Case , since there is no Article in our Claim of Right to declare the keeping up of a Standing Army in time of Peace , without consent of Parliament , to be against Law. Yet those who are of that opinion should consider , that the Estates of this Kingdom have made the keeping up of a Standing Army , in time of Peace , without consent of Parliament , an Article in the Forfaulture of the late King James . But it seems we must use more modest Arguments than such as naturally arise from the hazard our Liberty may run , by allowing Standing Forces , or from any Right we have to pretend that 't is against the Constitution of our Government to impose them upon us , and be obliged to bring all our reasons from our necessities and inability to maintain any . Indeed , as this is the most modest , so surely 't is the strongest Argument ; for such Forces are not to be maintained , without increasing the Poverty of this Country , and reducing it at length to utter desolation . 'T is hard if the Charges of a Government should be the same in time of Peace , or even come near the expence that was perhaps requisite to be made in time of War ; such a Nation can never hope to be in a flourishing state . Now as our condition will not permit us to keep up these Forces , so I can see no reason why we should do it if we could . There is no protence for them , except only to keep a few wretched Highlanders in order ; which might be easily done by a due execution of our old Laws made for that purpose , without the help of any Fort or Garison . We are at a great distance from any other Enemy , and cannot justly fear an Invasion from beyond so great a Sea as must be passed to come at us . And tho during the late War we were sometimes under the apprehensions of such an Invasion , yet the Enemy was not so imprudent to put it to the hazard . But some will say , that the late King James has still many Partizans in this Nation , that we have always bin , and still are a divided People , and that there are many ill men amongst us : They have also the confidence still to tell us of an Invasion upon Scotland by the French King ; who to cover this probable design , has delivered up such vast Countries , and places of such great importance . Why do they not also say , that as a man every day after he is born , is nearer to his end , so are we every day after the Peace nearer to a War ? The party of the late King James was always insignificant , and is now become a jest . If the Government will encourage good men , they will need no Standing Forces to secure themselves from the bad . For of what use can any Militia be supposed to be , that is not sit to preserve the quiet of a Country remote from enemies in time of Peace ? Those of the Presbyterian perswasion should , I think , be the last of all men to establish an Army ; for whatever they may promise to themselves , 't is certain that either upon his Majesty's death , or upon alterations of measures , and changes of dispositions in the minds of the Members of future Parliaments , it will be always a sure Rod for the backs of those who have so many enemies . But men are blind in Prosperity , forgetting Adversity and the vicissitudes of human Affairs . And it were but reasonable that those of that perswasion , who in the late King James's reign made so false a step as was like to have proved fatal to our Liberties , should now think of making some amends , and showing that they have profited by their error , and are not ( as they express themselves ) time-servers . But to discover the true reason why Standing Forces are designed to be kept up in this Nation in time of Peace , we need only look back on the use that was made of them during the late War. For after the reduction of the Highlands they served only for a seminary to the forces of this Nation that were with his Majesty in Flanders , the best of their men being drawn out yearly for recruiting those Forces . This also proves that his Majesty knew very well , that there was no hazard from the Invasions I mentioned before : For if there had bin any real danger of that kind , he would not have weakned the Forces in this Kingdom so considerably . I am very far from disapproving his Majesty's Conduct in that Affair ; I do on the contrary highly commend his Wisdom in it , and think it to have bin the best use that could be made of Forces in this Country , whilst the War continued . But must we in time of Peace be taxed beyond measure to maintain Forces , which upon occasion are to serve for the defence of two of the richest Nations in the world ; Nations that have manifested their unwillingness to let us into the least copartnership with them in Trade , from which all our Riches , if over we have any , must arise ? This is to load a poor Nation with Taxes , and to oppress them with Soldiers in order to procure Plenty and Riches to other Countries , of which they are not to have the least share . Rich and opulent Nations are to enjoy the benefits of the Peace , and we are to suffer , that they may enjoy them with security . Therefore I am of opinion , that since we can expect no advantages from our Neighbours or Allies , we do our selves right , by refusing to maintain any Standing Forces for their behoof , because we need none for our own defence , and that our Militia may be sufficient on all occasions where force is necessary . Eighty four thousand pounds , which is the Sum proposed for the yearly maintenance of Standing Forces , is as much mony to us , as two Millions five hundred and twenty thousand pounds is to England , since we cannot pretend to above the thirtieth part of their Wealth . And yet that Nation allows but three hundred and fifty thousand pounds for the forces they keep on foot ; of which sum 12000 pounds is more than the thirtieth part . If it be said that England allows more for their Fleet than for their Land Forces ; I answer , it ought to be considered that England with all its Riches maintains only five Millions and half of People , and that Scotland upon a thirtieth part maintains a million and half . Eighty four thousand pounds laid out yearly in Husbandry , Manufactures and Trade , may do great things in Scotland , and not only maintain ( tho in a different way of living ) all those Officers and Soldiers , of which these Forces are designed to consist , but also vastly enrich this Nation ; whereas great numbers of Soldiers produce nothing but beggery in any place . People employed in Manufactures , Husbandry and Trade , make consumption as well as Soldiers , and their labour and industry is an overplus of Wealth to the Nation , whilst Soldiers consume twice as much as they pay for , and live idle . 'T is not the least misfortune of this Country , that the younger Sons of the Nobility and Gentry , have in all times had their inclinations debauched to an idle , for the most part criminal , and almost always unprofitable sort of Life ; I mean that of a Soldier of Fortune . Their Talents might have bin much better employed in Trade and Husbandry to the improvement of their Country , and increase of their Patrimony . Let us begin to come off from such ruinous ways of living ; and if we design to carry on a great Trade , let us employ men capable to manage it . From all these Considerations I say , That the keeping up of any Standing Forces in time of Peace is not only useless , but destructive to the well being of this Nation . If it be objected , that this would take away even the ordinary Guards ; I answer , that whilst we had a King residing in Scotland , he had no other Guard than forty Gentlemen ; and now when we have no King amongst us , we must have a squadron of Horse and two battalions of Foot , with the title of Guards . But I would know what Guards they are we must keep up . Are they those who yielded up the rank of the Nation and dignity of a Crown , if it have any preheminence above a Commonwealth ? I am far from pleading for mutiny against a General , or disobedience to a King ; but when the meanest Officer thinks himself injured in his Rank , he demands his Pass , and will serve no more ; neither is he blamed by any Prince for so doing . If the Officers of that body would have done as much for the honour of their Country , sure they would have merited his Majesty's esteem , and deserved rewards from the Nation . But how they can pretend to be kept up after an action that our Ancestors would have thought to deserve not only breaking , but a decimation to precede it , I cannot imagine . I know there are many brave Gentlemen among them who were much grieved at the thing , but they had a bad example from the then commanding Officer ; and 't is to be feared that his advancement to the place of the greatest military Trust and Importance in the Kingdom , may by his Majesty's enemies be imputed to that action . But after all we are told , that if we will keep up Standing Forces we shall have an act of Habeas Corpus . This would be a wise bargain : here is a price for our Liberty ; sure we may expect an immense Sum , and a security without exception . No , no , but you shall have an Act of Parliament for the freedom of your Persons , tho there be never so many Standing Forces in the Kingdom ; that is , we shall have the Law on our side , and another shall have the force , and then let nature work . If there be no danger that Standing Forces should violate the Law , there is no danger from them . There is no pretence to speak of a Cess or Land-Tax for maintaining Forces , before the business of the Army be taken into consideration ; and one would think , if the Army be disbanded , it should not be mentioned at all . Yet 't is certain that such men as would recommend themselves by a pretended Loyalty , will not fail to tell us , that we ought to be at the least as liberal to his present Majesty , who has redeemed us from Popery and Slavery , as we were to King James , who would have brought us under both : and tho they now pretend that a Cess for Life will not be so much as mention'd in the approaching Session , we know very well their conduct in that Affair will be regulated upon the disposition they sind in the Parliament to grant or refuse it ; and that if they conceive any hopes of obtaining so considerable a Jewel to the Crown , they will be sure to bring in that Affair when least expected . The giving his Majesty a Land-Tax during Life , and so great a one as that granted to the late King James , with the Revenue already settled on him for the same term , makes it impossible for the Subject to give more , and consequently is of all those Affairs that can come before any Parliament the greatest , and of the highest importance ; since it tends to the making Parliaments less necessary , and consequently to the abolishing them , with the antient constitution of Government in this Nation . Those who have the honour to advise his present Majesty , if they be true lovers of the Monarchy , ought to have a care of treading in the former footsteps , and above all shun to advise him to desire those things of the Parliament which King James desired and obtained . It were their duty by all means , to endeavour a fair understanding and a continual good correspondence between King and People , which certainly is the only true support of Monarchy . Now there are no occasions of entertaining and increasing that confidence , and those mutual good Offices that should , like regular Tides , ebb and flow between King and People , greater than those of Parliaments . Endeavours to take away the frequency of Parliaments , are endeavours to take away those frequent good Offices between King and People . The King stands in need of Mony , the People of good Laws , which their Representatives and his great Council offer to him , that they may have his sanction , and that he may provide for their due execution . Mony may be given at once , for a long time , or for ever ; but good Laws cannot be so enacted , the occasion and necessity of them discovering it self only from time to time : And if the one go without the other , the mutual good Offices , and consequently the mutual confidence between King and People ceases . It may be farther considered , that the King has the power of calling Parliaments ; and that by giving him for Life all that we can give , we shall make Parliaments unnecessary to him . If any man suggest that it is a crime to suspect that so good and just a Prince as his present Majesty is , will not always do what is for the good of his People ; I answer , that I have all the deference , respect and esteem for his Majesty that any Subject ought to have ; but it were a fulsome piece of flattery for any man to say , that he cannot be influenced by bad Counsel , or that he is not subject to those frailties of mistake and prejudice , from which no mortal was ever free , and Princes always most subject to through the suggestions and bad Offices of men about them . But let us suppose that his present Majesty will never make the least bad use of this Tax , who shall secure as his Successor will not ? If it be said that 't is only for his present Majesty this Tax is desired , and that it is in the power of the Parliament to refuse it to the Successor ; I say , with what probability will it , and with what face can it be refused to him ? These men desire it for his present Majesty because King James had it , tho he made bad use of it ; the Successor shall desire it because his present Majesty had it , and made good use of it ; I think his Argument is stronger . So that tho this be said to be only for the Life of his present Majesty , yet upon the matter it is for ever . And then I need not tell you the consequence , our Parliaments shall be abolished , our Kings shall become Tyrants , and we of Subjects , slaves . But if we look more nearly into this demand , I doubt not it will appear very gross . During the late War , Land Taxes were only demanded from year to year , and we gave them chearfully , in hopes that a few years would put an end to that charge . When we had undoubted reasons to believe there would be a Peace , they were demanded to be given for two years ; and now God has blessed us with it , if they be demanded during his Majesty's Life , will not this look as if we were to have a Standing Army during the same time ? A Land Tax during his Majesty's Life , is a French Taille for that time . And we ought not to forget that we are beginning , to the great advantage of the Nation , to make some small progress in Trade ; but if it be not incouraged , and much more if it be nipt in the bud , there is an end of all our hopes . One of the greatest things in Trade , is to incourage Exportation ; and 't is known that the greatest Commodity of this Kingdom is Corn : if there be a Land Tax on those whose chief riches consist in Corn , they cannot sell it so cheap to the Merchant , that he can make any profit by exporting it . As for the Arguments of those who are for this Tax , I need answer none of them ; they are , To save the trouble and expence of frequent Parliaments ; and because the Nation did trust King James with this Tax , who made bad use of it , ( a modest and a sensible Argument ! ) Are they not afraid it should be said , that those who advise the King to ask the same trust King James had , may advise him likewise to the same things , for which King James demanded it ? Sure I am , that many who plead for this now , are the same Persons who did the like for King James : and as for the expence occasioned by frequent Parliaments , I believe there is neither Shire nor Borough but will find Persons very willing to represent them , without putting them to any charge . I know 't is commonly said in this Kingdom , that Parliaments do more hurt than good ; but it is because they are never called unless to impose mony : will it mend the matter to lay on at once , and for Life , as much as the Nation is able to pay ? We were getting some good Laws for our Mony , but then we shall be excluded from that benefit . In a word , our Forefathers had two securities for their Liberties and Properties , they had both the Sword and the Purse : The Sword antiently was in the hand of the Subject , because the Armies then were composed of the Vassals who depended on the Barons . That Security is gone ; shall we throw the other after it , and thereby I may very well say , dissolve the Constitution , and the Monarchy ? For a Government is not only a Tyranny , when tyrannically exercised ; but also when there is no sufficient caution in the Constitution that it may not be exercised tyrannically . When the Parliament has put an end to the Affairs beforementioned , it were to be wished that this being the first Session since the conclusion of the Peace , and after so long a War , they would pass some Act to ease the minds , and take away the fears and apprehensions of many men who are still obnoxious to the Law , of whom the greater part are abroad ; and all of them both at home and abroad , for want of an Act of Indemnity , made desperate , and only sitted to involve others in the same uneasy and distracting Circumstances under which they themselves live . But Acts of Indemnity are the worst and most pernicious of all Laws to the well being of any Government , unless the most notorious offenders be first punished ; and in such cases only incouragements to new Transgressions , destroying the real security of all Government , and effect of all Laws , by giving an intire impunity to the attempts against both . So that there seems to be an absolute necessity , both of making an example of the notorious enemies to the Liberties of this Country , and giving a general Pardon to the rest ; if we will either secure the Government for the future from endeavours to introduce Arbitrary Power , cut up the Party of the late King James by the roots ; or quiet the minds of the people , and remove the animosities that may remain in a Nation wherein two or more parties have bin inflamed against each other , to the ruin of the publick Liberty ; and extinguish the memory of those Factions for ever . When 't is confess'd and acknowledged , that there have bin bold attempts and treacherous practises to destroy the Religion , overturn the Constitution of Government , and suppress the Liberty of a Nation , and yet no example made of the Advisers , and those who have bin eminently subservient to such designs ; such a People has as much laid the Foundation of their own ruin , as if they had declared that those who shall hereafter ingage themselves in the like attempts , need fear no punishment . Vpon a Revolution followed by a War , circumstances of Affairs may be such , that till the War be at an end , 't is not sit to punish great Offenders . But there was no reason , nor any well-grounded political consideration , why immediatly upon the late Revolution , the most notorious of those Offenders should not have bin punished ; by which means we should have bin delivered from our worst men , who have since bin very bad instruments in Affairs , and have terrified the rest by their example : We might then have quieted the minds of the people by an Indemnity ; brought the Nation to a settlement , and prevented the War which ensued in this Country . Yet ( because in matters of prudence men are of different sentiments ) tho it should be granted , that during the War it was not fit to make any examples , what pretence can there be now of exempting from punishment those who have bin notoriously criminal , both under the late Reigns , and under this ? Which when it is done , what conjuncture of time can be so proper for applying the healing Remedy of an Act of Indemnity and Oblivion to the rest , as the present , by reason of the Peace ? Before the Revolution , the Court had bin in a formed Conspiracy against the Religion and Liberties of this Nation ; nor was there any art to introduce Arbitrary Power , or subvert our Religion , for which the late Reigns wanted willing Instruments ; and many endeavoured to signalize themselves in the ruin of their Country . Yet no man has bin made an Example , to deter others from the like Crimes . It will I know be thought hard to mention the punishing of Offences committed so many years ago , when many of the Offenders are dead ; and some men will judg it fitter to bury all in a general Act of Oblivion . To this I answer , that having bin highly to blame for neglecting hitherto to punish the Enemies of our Liberty , this ought to oblige us the rather to make an example of those who are still living . And to convince us of this necessity , we need only to consider what Crimes those men would not have punished , nor the least example made of any that have bin guilty of them ; and whether the suffering them to pass unpunished , will not bring a guilt upon the Nation which may not easily be expiated . Publick and private Injuries are of a very different nature ; and tho we are commanded to forgive the last , yet those who have Power and Right , are required , under the greatest penalties , to punish the other , especially where the Crimes are enormous . But if the Parliament should follow the advice of those men , they are not to punish any violent Proceedings , illegal and arbitrary Imprisonments , Fines , Banishments , and Murders under pretext of Law , that were set on foot , encouraged , and committed by those evil Counsellors mentioned in his Majesty's Declaration , in order to alter the Religion and Government of this Nation , and in place of them to introduce Popery and Slavery . They are not to punish those , who to recommend themselves to the late Kings , by their Interest , Power , and Credit in the Parliament , got to be enacted most cruel and unchristian Laws , for persecuting a great part of this Nation upon the account of their religious Opinions , which they could not quit without violating their Consciences : They are not to punish those Privy Counsellors who went further than those very Laws would allow them , in a thousand arbitrary and illegal proceedings , issuing out Orders to invade such as dissented from them only in religious matters , with an Army composed for the most part of barbarous Highlanders , who hunted them from Hill to Hill , to force them to take Arms , that they might have a pretext to destroy them utterly . They are not to punish those who gave Orders to impose illegal and unwarrantable Oaths upon all persons , even on silly women that might be found travelling in the ordinary Road , and to shoot them immediately dead , if they should refuse the same . Nor are they to punish those who put them in execution . Do Presbyterians in particular imagine , that if they neglect their duty in punishing these men , they will avoid the guilt of the innocent blood shed in those times ? Are such things to be pardoned as private Injuries ? The making our Courts of Justice , particularly that of the Session , to be the Instruments of subjecting all men to arbitrary Power , are things to be passed over in silence , and no account to be taken of them . Those who advised and drew a Proclamation , declaring the late King James his absolute Power in express terms , are not to be questioned for it . If the Parliament pass over these things without making any example of the Offenders , they make a Precedent for abolishing the punishment of all enormous Crimes for ever , since there never can be greater than these . Shall there be no examples made of Criminals for enormities of such a general influence and concernment , in a Nation where a poor man for stealing a little food , is for Examples sake ( let what I say be considered ) is for Examples sake punished with death ? If there can be no stop put to the least of Crimes , but by the punishment of some of those that are guilty ; can there be any remedy against the abettors of Arbitrary Power , if no example be made of them ? Can that Government be said to be secure , where there is no punishment , but rewards for conspiracies against its Constitution ? 'T is true that it may be fit to overlook some Crimes , wherein extraordinary numbers of men are concerned , but not extraordinary Crimes , nor the most guilty of the Criminals . It was thought sit to forbear the punishment of the evil Counsellors mentioned in his Majesty's Declaration for some time : That forbearance has lasted to this day ; and we have so little hopes of seeing any discouragement put upon those who shall promote Arbitrary Government in time to come , by an exemplary punishment of the most notorious Offenders under the late Reigns , that notwithstanding many new provocations , and reiterated treasons under this , they have not only hitherto escaped punishment , but have bin also encouraged . For not long after the Revolution , the most considerable of them ( I do not speak of those who took Arms ) entred into new Conspiracies against their Country , to betray it again to the late King James , and took the Oaths to this King , that they might have the better opportunity to bring back the other . Yet after all this his Majesty was advised to put some of them into the most important places of trust in the Kingdom . What are we then to expect , if we shall not now proceed to make some examples , but that they , and men of the like principles , will insinuate themselves into all the places of trust ; and have the power as well as the will to throw us into prisons , and by their pernicious Counsels to betray his present Majesty into the same misfortunes that were brought upon the late King ? Is it not enough , that the punishment of those who endeavoured to enslave us under the late Reigns , has bin delayed till now ? Because they have renewed the same Practices under this , must it still be delayed , to the end that ( as they have already done in the Affair of Glenco ) they may continue to give his Majesty the same bad Counsel with which the late Kings were poisoned ? Now , to pardon them we have this encouragement , that having passed over former Crimes , we embolden them to commit new , and to give fresh wounds to that Country which has already so often bled under their hands . When the greatest Offenders are punished , an Act of Indemnity will be as necessary to the well-being of this Nation as Peace it self , since there can be no ease or quiet without it . But so little hopes have we of this , that whilst the evil Counsellors , against whom his Majesty did so justly declare , live at ease ; an Act ( as we are told ) is to be brought into the Parliament for banishing during pleasure , many thousands of inconsiderable people who cannot be charged with Crimes any way comparable to theirs ; and some of them free of the least appearance of any . What construction would the advisers of these things , have even those who are best affected to the Government put upon them ? One might reasonably think that such things may be sit to keep up the Party of the late King James , and fright the Nation into a belief of the necessity of continuing a Standing Army , that they may be sit to lead men of Estates , or those who have any thing to lose , into snares both at home and abroad ( particularly in France , where the late King James is still suffered ) by pretending correspondence or conversation with such as may be obnoxious to the Law : But no man can suspect the worst of Counsellors of such designs . And therefore I confess I am at a stand ; for such vast numbers of people were never yet banished for crimes of State : nor dos the multitude ever suffer for them , except only in barbarous Countries . If it be said that ill men may have designs against his Majesty's Life , and therefore ought to be banished ; I answer , Nothing is more likely to draw on such a mischief , than extraordinary severities used against them . For nothing dos so much sit a man for such an attempt , as despair ; against which no distance of place can long protect . My opinion therefore is , that an Act of Indemnity ( exceping only Assassins and other notorious Criminals , whom we cannot at present reach ) is more sutable to our present condition , than an Act of Banishment : and that to procure the Nation so great a blessing , the Parliament should proceed , without delay , to the punishing of the greatest Criminals , both of this and the last Reigns , without which an Oblivion will be one of the greatest Injuries that can be done to us . I shall only add , That there is ground to believe some men will endeavour to perswade the Parliament to take this Affair into consideration before all others ; because it was the first thing done in the last Session of the English Parliament ; and the Bill having past there almost without debate , they will make use of that as an Argument why it should do so here . What the considerations were which moved that Parliament to do so , I will not presume to determine , neither is it my business : Circumstances of Affairs may be different in different Nations : Sure I am , that in this particular they are different , that a greater number of men , in proportion to the people in each Nation , will fall under uneasy circumstances by such an Act in Scotland , than has bin found to have done in England . The second Discourse Concerning the AFFAIRS of SCOTLAND , Written in the Year 1698. THE Affairs of which I have spoken in the preceding Discourse , are such as the present conjuncture makes a proper subject for the approaching Session of Parliament : but there are many other things which require no less their care , if the urgent and pressing distresses of the Nation be consider'd . I shall therefore with all due respect to the Parliament offer my opinion concerning two , which I presume to be of that nature . The first thing which I humbly and earnestly propose to that Honourable Court is , that they would take into their consideration the condition of so many thousands of our People who are at this day dying for want of Bread. And to perswade them seriously to apply themselves to so indispensible a duty , they have all the inducements which those most powerful emotions of the Soul , Terror and Compassion , can produce . Because from unwholsom Food diseases are so multiplied among the poor People , that if some course be not taken , this Famine may very probably be followed by a Plague ; and then what man is there even of those who sit in Parliament that can be sure he shall escape ? And what man is there in this Nation , if he have any Compassion , who must not grudg himself every nice bit and every delicate morsel he puts in his Mouth , when he considers that so many are already dead , and so many at that minute strugling with death , not for want of Bread but of Grains , which I am credibly informed have bin eaten by some Families , even during the preceding years of Scarcity . And must not every unnecessary branch of our expence , or the least sinery in our Houses , Clothes or Equipage , reproach us with our barbarity , so long as People born with natural Endowments , perhaps not inferior to our own , and fellow Citizens , perish for want of things absolutely necessary to life ? But not to insist any more upon the representation of so great a Calamity , which if drawn in proper colours , and only according to the precise truth of things , must cast the minds of all honest men into those convulsions which ought necessarily to be composed before they can calmly consider of a remedy ; and because the particulars of this great distress are sufficiently known to all , I shall proceed to say , that tho perhaps upon the great want of Bread , occasioned by the continued bad seasons of this and the three preceding years , the evil be greater and more pressing than at any time in our days , yet there have always bin in Scotland such numbers of poor , as by no regulations could ever be orderly provided for ; and this Country has always swarm'd with such numbers of idle Vagabonds , as no Laws could ever restrain . And indeed when I consider'd the many excellent Laws enacted by former Parliaments for setting the Poor to work , particularly those in the time of King James the sixth , with the Clauses for putting them in execution , which to me seemed such as could not miss of the end , and yet that nothing was obtained by them , I was amazed , and began to think upon the case of other Nations in this particular , perswaded that there was some strange hidden root of this evil which could not be well discovered , unless by observing the conduct of other Governments . But upon reflection I found them all subject to the same inconveniences , and that in all the Countries of Europe there were great numbers of Poor , except in Holland , which I knew to proceed from their having the greatest share in the Trade of the World. But this not being a remedy for every Country , since all cannot pretend to so great a part in Trade , and that two or three Nations are able to manage the whole Commerce of Europe ; yet there being a necessity that the Poor should every where be provided for , unless we will acknowledg the deficiency of all Government in that particular , and finding no remedy in the Laws or Customs of any of the present Governments , I began to consider what might be the conduct of the wise Antients in that affair . And my curiosity was increased , when upon reflection I could not call to mind that any antient Author had so much as mentioned such a thing , as great numbers of poor in any Country . At length I found the original of that multitude of Beggars which now oppress the World , to have proceeded from Church-men , who ( never failing to confound things Spiritual with Temporal , and consequently all good Order and good Government , either through mistake or design ) upon the first publick establishment of the Christian Religion , recommended nothing more to Masters , in order to the Salvation of their Souls , than the setting such of their Slaves at liberty as would embrace the Christian Faith , tho our Saviour and his Apostles had bin so far from making use of any Temporal advantages to perswade eternal truths , and so far from invading any man's property , by promising him Heaven for it , that the Apostle Paul says expresly , In what ever condition of Life every one is called to the Christian Faith , in that let him remain . Art thou called being a slave ? be not concerned for thy condition ; but even tho thou mightest be free , chuse to continue in it . For he who is called whilst a slave , becomes the freeman of the Lord ; and likewise he that is called whilst a free-man , becomes the slave of Christ , who has paid a price for you , that you might not be the slaves of men . Let every one therefore , Brethren , in whatever condition he is called , in that remain , in the fear of God. That the interpretation I put upon this passage , different from our Translation , is the true meaning of the Apostle , not only the authority of the Greek Fathers , and genuine signification of the Greek Particles , but the whole context , chiefly the first and last words ( which seem to be repeated to inforce and determine such a meaning ) clearly demonstrate . And the reason why he recommends to them rather to continue slaves ( if they have embraced the Christian Faith in that condition ) seems to be that it might appear they did not embrace it for any worldly advantage , as well as to destroy a Doctrine which even in his days began to be preached , that slavery was inconsistent with the Christian Religion ; since such a Doctrine would have bin a great stop to the progress of it . What the Apostle means by saying , we ought not to be the slaves of men , I shall show hereafter . This disorder of giving liberty to great numbers of slaves upon their profession of Christianity , grew to such a height , even in the time of Constantine the Great , that the Cities of the Empire found themselves burden'd with an infinite number of men , who had no other estate but their liberty , of whom the greatest part would not work , and the rest had bin bred to no profession . This obliged Constantine to make Edicts in favour of Beggars ; and from that time at the request of the Bishops , Hospitals and Alms-houses , not formerly known in the world , began to be established . But upon the rise of the Mahometan Religion , which was chiefly advanced by giving liberty to all their slaves , the Christians were so molested by the continual Rebellion of theirs , that they were at length forced to give liberty to them all ; which it seems the Church-men then looked upon as a thing necessary to preserve the Christian Religion , since in many of the Writings , by which Masters gave freedom to their Slaves , 't is expresly said , they did so , to save their own Souls . This is the rise of that great mischief , under which , to the undoing of the Poor , all the Nations of Europe have ever since groan'd . Because in antient times , so long as a man was the riches and part of the possession of another , every man was provided for in Meat , Clothes and Lodging ; and not only he , but ( in order to increase that riches ) his Wife and Children also : Whereas Provisions by Hospitals , Alms-houses , and the contributions of Churches or Parishes , have by experience bin found to increase the numbers of those that live by them . And the liberty every idle and lazy Person has of burdening the Society in which he lives , with his maintenance , has increased their numbers to the weakning and impoverishing of it : For he needs only to say , that he cannot get work , and then he must be maintained by Charity . And as I have shown before , no Nation except one only ( which is in extraordinary Circumstances ) dos provide by publick Work-houses for their Poor : the reason of which seems to be , that publick Work-houses for such vast numbers of People , are impracticable except in those places where ( besides a vast Trade to vend the manufactur'd Goods ) there is an extraordinary Police : And that tho the Hollanders by reason of the steddiness of their Temper , as well as of their Government ( being a Common-wealth ) may be constant to their methods of providing for the Poor ; yet in a Nation , and under a Government like that of France , tho vast publick Workhouses may be for a while kept in order , 't will not be long before they fall into confusion and ruin . And indeed ( next to Plato's Republick , which chiefly consists in making the whole Society live in common ) there is nothing more impracticable than to provide for so great a part of every Nation by publick Work-houses . Whereas when such an Oeconomy comes under the inspection of every master of a Family , and that he himself is to reap the profit of the right management ; the thing not only turns to a far better account , but by reason of his power to sell those Workmen to others who may have use for them , when he himself has a mind to alter his course of Life , the profit is permanent to the Society ; nor can such an Oeconomy , or any such management ever fall into confusion . I doubt not , that what I have said will meet , not only with all the misconstruction and obloquy , but all the disdain , fury and outcries , of which either ignorant Magistrates , or proud , lazy and miserable people are capable . Would I bring back Slavery into the world ? Shall men of immortal Souls , and by nature equal to any , be sold as Beasts ? Shall they and their posterity be for ever subjected to the most miserable of all conditions ; the inhuman barbarity of Masters , who may beat , mutilate , torture , starve or kill so great a number of mankind at pleasure ? Shall the far greater part of the Commonwealth be Slaves , not that the rest may be free , but Tyrants over them ? With what face can we oppose the tyranny of Princes , and recommend such opposition as the highest Virtue , if we make our selves Tyrants over the greatest part of mankind ? Can any man , from whom such a thing has once escaped , ever offer to speak for Liberty ? But they must pardon me if I tell them , that I regard not names , but things ; and that the misapplication of names has confounded every thing . We are told there is not a Slave in France ; that when a Slave sets his foot upon French ground , he becomes immediately free : and I say that there is not a Free man in France , because the King takes away any part of any man's Property at his pleasure ; and that , let him do what he will to any man , there is no remedy . The Turks tell us there are no Slaves among them , except Jews , Moors , or Christians ; and who is there that knows not , they are all Slaves to the Grand Signor , and have no remedy against his will ? A Slave properly is one , who is absolutely subjected to the will of another man without any remedy : and not one that is only subjected under certain limitations , and upon certain accounts necessary for the good of the Common-wealth , tho such an one may go under that name . And the confounding these two conditions of men by a name common to both , has in my opinion bin none of the least hardships put upon those who ought to be named Servants . We are all subjected to the Laws ; and the easier or harder conditions imposed by them upon the several ranks of men in any Society , make not the distinction that is between a Freeman and a Slave . So that the condition of Slaves among the Antients , will upon serious consideration appear to be only a better provision in their Governments than any we have , that no man might want the necessities of life , nor any person able to work be burdensom to the Commonwealth . And they wisely judged of the Inconveniences that befal the most part of poor people , when they are all abandoned to their own conduct . I know that these two conditions of men were confounded under the same name , as well by the Antients as they are by us ; but the reason was , that having often taken in War the Subjects of Absolute Monarchs , they thought they did them no wrong if they did not better their condition : and as in some of their Governments the condition of Slaves was under a worse regulation than in others , so in some of them it differ'd very little , if at all , from the condition of such a Slave as I have defined . But I do not approve , and therefore will not go about to defend any of those bad and cruel regulations about Slaves . And because it would be tedious and needless to pursue the various conditions of them in several Ages and Governments , it shall be enough for me to explain under what conditions they might be both good and useful , as well as I think they are necessary in a well-regulated Government . First then , their Masters should not have power over their lives , but the life of the Master should go for the life of the Servant . The Master should have no power to mutilate or torture him ; That in such cases the Servant should not only have his freedom ( which alone would make him burdensom to the Publick ) but a sufficient yearly pension so long as he should live from his said Master . That he , his Wife and Children , should be provided for in Clothes , Diet , and Lodging . That they should be taught the principles of Morality and Religion ; to read , and be allowed the use of certain Books : That they should not work upon Sundays , and be allowed to go to Church : That in every thing , except their duty as Servants , they should not be under the will of their Masters , but the protection of the Law : That when these Servants grow old , and are no more useful to their Masters , ( lest upon that account they should be ill used ) Hospitals should be provided for them by the Publick : That if for their good and faithful service , any Master give them their freedom , he should be obliged to give them likewise wherewithal to subsist , or put them in a way of living without being troublesome to the Commonwealth : That they should wear no habit or mark to distinguish them from hired Servants : That any man should be punished who gives them the opprobrious name of Slave . So , except it were that they could possess nothing , and might be sold , which really would be but an alienation of their Service without their consent , they would live in a much more comfortable condition ( wanting nothing necessary for life ) than those who having a power to possess all things , are very often in want of every thing , to such a degree , that many thousands of them come to starve for hunger . It will be said , that notwithstanding all these regulations , they may be most barbarously used by their Masters , either by beating them outragiously , making them work beyond measure , suffer cold or hunger , or neglecting them in their sickness . I answer , That as long as the Servant is of an age not unsit for work , all these things are against the interest of the Master : That the most brutal man will not use his beast ill only out of a humor ; and that if such Inconveniences do sometimes fall out , it proceeds , for the most part , from the perverseness of the Servant : That all Inconveniences cannot be obviated by any Government ; that we must chuse the least ; and that to prevent them in the best manner possible , a particular Magistrate might be instituted for that end . The condition of such a Servant is to be esteemed free ; because in the most essential things , he is only subject to the Laws , and not to the will of his Master , who can neither take away his life , mutilate , torture , or restrain him from the comforts of Wife and Children : But on the other hand , for the service he dos , is obliged to ease him of the inconveniences of marriage , by providing for him , his wife , and children , clothes , food , and lodging : and the condition of a Baschaw , or great Lord , under Arbitrary Government ( who for the sake , and from a necessity of what they call Government , has joined to the quality of a Slave the office of a Tyrant , and imagins himself a man of Quality , if not a little Prince , by such preeminence ) is altogether slavish ; since he is under the protection of no Law , no not so much as to his life , or the honour of his wife and children ; and is subjected to stronger temptations than any man , of being a slave to men in St. Paul's sense , which is a worse sort of slavery than any I have yet mentioned . That is , of being subservient to , and an instrument of the lusts of his master the Tyrant : since if he refuse slavishly to obey , he must lose his office , and perhaps his life . And indeed men of all ranks living under Arbitrary Government ( so much preached and recommended by the far greater part of Churchmen ) being really under the protection of no Law , ( whatever may be pretended ) are not only Slaves , as I have desined before , but by having no other certain remedy in any thing against the lust and passions of their Superiors , except suffering or complyance , lie under the most violent temptations of being Slaves in the worst sense , and of the only sort that is inconsistent with the Christian Religion . A condition ( whatever men may imagine ) so much more miserable than that of Servants protected by the Laws in all things necessary for the subsistence of them and their Posterity , that there is no comparison . I shall now proceed to the great advantages the Antients received from this sort of Servants . By thus providing for their poor , and making every man useful to the Commonwealth , they were not only able to perform those great and stupendous publick works , High-ways , Aqueducts , Common-shores , Walls of Cities , Sea-ports , Bridges , Monuments for the Dead , Temples , Amphitheatres , Theaters , places for all manner of Exercises and Education , Baths , Courts of Justice , Market-places , publick Walks , and other magnificent Works for the use and conveniency of the Publick ; with which Egypt , Asia , Greece , Italy , and other Countries were filled ; and to adorn them with stately Pillars and Obelisks , curious Statues , most exquisite Sculpture and Painting : but every particular man might indulge himself in any kind of finery and magnificence ; not only because he had Slaves to perform it according to his fancy , but because all the poor being provided for , there could be no crime in making unnecessary expences , which are always contrary , not only to Christian Charity , but common Humanity , as long as any poor man wants bread . For tho we think that in making those expences , we employ the poor ; and that in building costly Houses , and furnishing them , making fine Gardens , rich Stuffs , Laces and Embroideries for Apparel , the poor are set to work ; yet so long as all the poor are not provided for , ( tho a man cannot reproach to himself in particular why it is not done ) and that there is any poor family in a starving condition , 't is against common humanity ( and no doubt would have bin judged to be so by the Antients ) for any man to indulge himself in things unnecessary , when others want what is absolutely necessary for life , especially since the furnishing of those things to them , does employ Workmen as well as our unnecessary expences . So that the Antients , without giving the least check to a tender compassion for the necessities of others ( a virtue so natural to great minds , so nicely to be preserved and cherished ) might not only adorn their publick Buildings with all the resinements of Art , but likewise beautify their private Houses , Villa's and Gardens with the greatest curiosity . But we by persisting in the like , and other unnecessary expences , while all the poor are not provided for ( example , vanity , and the love of pleasure , being predominant in us ) have not only effaced all the vestiges of Christian Charity , but banished natural compassion from amongst us , that without remorse we might continue in them . This explains to us by what means so much virtue and simplicity of manners could subsist in the Cities of Greece , and the lesser Asia , in the midst of so great curiosity and resinement in the Arts of Magnificence and Ornament . For in antient times great Riches , and consequently bad Arts to acquire them , were not necessary for those things ; because if a man possessed a moderate number of Slaves , he might chuse to employ them in any sort of magnificence , either private or publick , for use or ornament , as he thought sit , whilst he himself lived in the greatest simplicity , having neither Coaches nor Horses to carry him , as in triumph , through the City ; nor a family in most things composed like that of a Prince , and a multitude of idle Servants to consume his Estate . Women were not then intolerably expensive , but wholly imployed in the care of domestick Affairs . Neither did the furniture of their houses amount to such vast sums as with us ; but was for the most part wrought by their Slaves . Another advantage which the Antients had by this sort of Servants , was , That they were not under that uneasiness , and unspeakable vexation which we suffer by our hired Servants , who are never bred to be good for any thing , tho most of the Slaves amongst the Antients were . And tho we bestow the greatest pains or cost to educate one of them from his youth , upon the least cross word he leaves us . So that 't is more than probable this sort of Servants growing every day worse , the unspeakable trouble arising from them , without any other consideration , will force the world to return to the former . Among the Antients , any Master who had the least judgment or discretion , was served with emulation by all his Slaves , that those who best performed their duty , might obtain their liberty from him . A Slave , tho furnished with every thing necessary , yet possessing nothing , had no temptation to cheat his Master ; whereas a hired Servant , whilst he remains unmarried , will cheat his Master of what may be a stock to him when married ; and if after his marriage he continue to serve his Master , he will be sure to cheat him much more . When the Antients gave freedom to a Slave , they were obliged to give him wherewithal to subsist , or to put him into a way of living . And how well and faithfully they were served by those they had made free , ( whom from a long experience of their probity and capacity , they often made Stewards of their Estates ) all antient History dos testify . Now , we having no regular way to enable a Servant to provide sufficient maintenance for his Family , when he becomes independent on his Master , his bare Wages ( out of which he is for the most part to provide himself with many necessaries for daily use ) not being enough for that purpose , and no way left but to cheat his Master , we ought not to expect any probity or fidelity in our Servants , because , for want of order in this point , we subject them to such strong temptations . I might insist upon many other advantages the Antients had in the way they were served , if to perswade the expedient I propose , I were not to make use of stronger Arguments than such as can be drawn from any advantages ; I mean those of necessity . There are at this day in Scotland ( besides a great many poor Families very meanly provided for by the Church-boxes , with others , who by living upon bad Food fall into various diseases ) 200000 People begging from door to door . These are not only no way advantageous , but a very grievous burden to so poor a Country . And tho the number of them be perhaps double to what it was formerly , by reason of this present great distress , yet in all times there have bin about 100000 of those Vagabonds , who have lived without any regard or subjection either to the Laws of the Land , or even those of God and Nature ; Fathers incestuously accompanying with their own Daughters , the Son with the Mother , and the Brother with the Sister . No Magistrate could ever discover , or be informed which way one in a hundred of these wretches died , or that ever they were baptized . Many murders have bin discovered among them ; and they are not only a most unspeakable oppression to poor Tenants , ( who if they give not Bread , or some kind of Provision to perhaps forty such Villains in one day , are sure to be insulted by them ) but they rob many poor People who live in Houses distant from any Neighbourhood . In years of Plenty many thousands of them meet together in the Mountains , where they feast and riot for many days ; and at country Weddings , Markets , Burials , and other the like publick occasions , they are to be seen both Men and Women perpetually drunk , cursing , blaspheming , and sighting together . These are such outragious disorders , that it were better for the Nation they were sold to the Gallies or West-Indies , than that they should continue any longer to be a burden and curse upon us . But numbers of People ▪ being great riches , every Government is to blame that makes not a right use of them . The wholsomness of our Air , and healthfulness of our Climat , affords us great numbers of People , which in so poor a Country can never be all maintained by Manufactures , or publick Work-houses , or any other way , but that which I have mentioned . And to show that former Parliaments strugling with this , otherwise insuperable , difficulty , have by the nature of the thing bin as it were forced upon remedies tending towards what I have proposed : By an Act of Parliament in the year 1579. any subject of sufficient Estate is allowed to take the Child of any Beggar , and educate him for his Service , which Child is obliged to serve such a Master for a certain term of years ; and that term of years extended by another Act made in the year 1597 , for Life . So that here is a great advance towards my Proposition ; but either from some mistake about Christian or Civil liberty , they did not proceed to consider the necessity of continuing that service in the Children of such Servants , and giving their Masters a power of alienating that service to whom they should think fit . The reason for the first of these is , that being married in that sort of service , their Masters must of necessity maintain their Wife and Children , and so ought to have the same right to the service of the Children as of the Father . And the reason for the power of Alienation is , that no man is sure of continuing always in one sort of Employment ; and having educated a great many such Children when he was in an Employment that required many Servants , if afterwards he should be obliged to quit it for one that required few or none , he could not without great injustice be deprived of the power of alienating their service to any other man , in order to reimburse to himself the mony he had bestowed upon them ; especially since the setting them at liberty would only bring a great burden upon the publick . Now what I would propose upon the whole matter is , that for some present remedy of so great a mischief , every man of a certain Estate in this Nation should be obliged to take a proportionable number of those Vagabonds , and either employ them in hedging and ditching his Grounds , or any other sort of work in Town and Country ; or if they happen to be Children and young , that he should educate them in the knowledg of some mechanical Art , that so every man of Estate might have a little Manufacture at home which might maintain those Servants , and bring great profit to the Master , as they did to the Antients , whose revenue by the Manufactures of such Servants was much more considerable than that of their Lands . Hospitals and Alms-houses ought to be provided for the sick , lame and decrepit , either by rectifying old foundations or instituting new . And for example and terror three or four hundred of the most notorious of those Villains which we call Jockys , might be presented by the Government to the State of Venice , to serve in their Gallies against the common enemy of Christendom . But these things , when once resolved , must be executed with great address , diligence , and severity ; for that sort of People is so desperately wicked , such enemies of all Work and Labour , and , which is yet more amazing , so proud , in esteeming their own condition above that which they will be sure to call slavery ; that unless prevented by the utmost industry and diligence , upon the first publication of any orders necessary for putting in execution such a design , they will rather die with hunger in Caves and Dens , and murder their young Children , than appear abroad to have them and themselves taken into such a kind of service . And the Highlands are such a vast and unsearchable retreat for them , that if strict and severe order be not taken to prevent it , upon such an occasion these Vagabonds will only rob as much food as they can out of the Low-country , and retire to live upon it in those Mountains , or run into England till they think the storm of our resolutions is over , which in all former times they have seen to be vain . Nor indeed can there be a thorow reformation in this Affair , so long as the one half of our Country , in extent of ground , is possessed by a People who are , all Gentlemen only because they will not work , and who in every thing are more contemptible than the vilest slaves , except that they always carry Arms , because for the most part they live upon robbery . This part of the Country being an inexhaustible source of Beggers , has always broke all our measures relating to them . And it were to be wished that the Government would think sit to transplant that handful of People , and their Masters ( who have always disturbed our peace ) into the Low-Country , and people the Highlands from hence , rather than they should continue to be a perpetual occasion of mischief to us . 'T is in vain to say , that whatever People are planted in those Mountains , they will quickly turn as savage , and as great Beggers as the present Inhabitants ; for the Mountains of the Alps are greater , more desert , and more condemned to snows than those of the Highlands of Scotland , which are every where out by Friths and Lakes , the richest in Fishing of any in the world , assording great conveniences for transportation of Timber and any other Goods ; and yet the Alps which have no such advantages are inhabited every where by a civiliz'd , industrious , honest , and peaceable People : but they had no Lords to hinder them from being civilized , to discourage industry , incourage thieving , and to keep them Beggers that they might be the more dependent ; or when they had any that oppressed them , as in that part of the Mountains that belongs to the Swiss , they knock'd them on the head . Let us now compare the condition of our present Vagabonds with that of Servants under the conditions which I have proposed , and we shall see the one living under no Law of God , Man or Nature ▪ polluted with all manner of abominations ; and tho in so little expectation of the good things of another Life , yet in the worst condition of this , and sometimes starved to death in time of extraordinary want . The other , tho sometimes they may fall under a severe Master ( who nevertheless may neither kill , mutilate , nor torture them , and may be likewise restrained from using them very ill by the Magistrate I mention'd ) are always sure to have Food , Clothes and Lodging ; and have this advantage above other men , that without any care or pains taken by them , these necessaries are likewise secured to their Wives and Children . They are provided for in sickness , their Children are educated , and all of them under all the inducements , encouragements and obligations possible to live quiet , innocent and virtuous Lives . They may also hope , if they shew an extraordinary affection , care and sidelity in the service of their Master , that not only they and their Families shall have their intire freedom , but a competency to live , and perhaps the Estate of the Master intrusted to their care . Now if we will consider the advantages to the Nation by the one , and the disadvantages arising from the other sort of men , we shall evidently see , that as the one is an excessive burden , curse , and reproach to us , so the other may inrich the Nation , and adorn this Country with publick works beyond any in Europe , which shall not take the like methods of providing for their Poor . This Proposal I hope may be a remedy , not only to that intolerable plague of idle Vagabonds who infest the Nation ; but by providing a more regular maintenance for them , go a great way towards the present relief of other poor People who have bin oppressed by them . That which follows is calculated to remove the principal and original cause of the Poverty which all the Commons of this Nation lie under , as well as those straitning difficulties in which men of Estates are by our present method of Husbandry inevitably involved . The causes of the present poverty and misery in which the Commonalty of Scotland live , are many , yet they are all to be imputed to our own bad conduct and mismanagement of our Affairs . 'T is true , Trade being of late years vastly increased in Europe , the poverty of any Nation is always imputed to their want of that advantage . And tho our Soil be barren ; yet our Seas being the richest of any in the world , it may be thought that the cause of all our Poverty has bin the neglect of Trade , and chiefly of our own Fishing : Nevertheless were I to assign the principal and original source of our Poverty , I should place it in the letting of our Lands at so excessive a rate as makes the Tenant poorer even than his Servant whose Wages he cannot pay ; and involves in the same misery Day-labourers , Tradesmen , and the lesser Merchants who live in the Country Villages and Towns ; and thereby influences no less the great Towns and wholesale Merchants , makes the Master have a troublesome and ill paid Rent , his Lands not improved by inclosure or otherwise , but for want of Horses and Oxen sit for labour , every where run out and abused . The condition of the lesser Freeholders or Heritors ( as we call them ) is not much better than that of our Tenants : for they have no Stocks to improve their Lands , and living not as Husbandmen but as Gentlemen , they are never able to attain any : Besides this , the unskilfulness of their wretched and half-starved Servants is such , that their Lands are no better cultivated than those laboured by beggerly Tenants . And tho a Gentleman of Estate take a Farm into his own hands , yet Servants are so unfaithful or lazy , and the Country People such enemies of all manner of inclosure , that after having strugled with innumerable difficulties , he at last finds it impossible for him to alter the ordinary bad methods , whilst the rest of the Country continues in them . The places in this Country which produce Sheep and black Cattel , have no provision for them in Winter during the Snows , having neither Hay nor Straw , nor any inclosure to shelter them or the Grass from the cold easterly Winds in the Spring ; so that the Beasts are in a dying condition , and the Grass consumed by those destructive Winds , till the warm weather , about the middle of June , come to the relief of both . To all this may be added the letting of Farms in most part of those grazing Countries every year by Roop or Auction . But our management in the Countries cultivated by Tillage is much worse , because the Tenant pays his Rent in Grain , Wheat , Barly or Oats : which is attended with many inconveniences , and much greater disadvantages than a Rent paid in Mony. Mony Rent has a yearly balance in it ; for if the year be scarce , all sorts of Grain yield the greater price ; and if the year be plentiful , there is the greater quantity of them to make Mony. Now a Rent paid in Corn has neither a yearly , nor any balance at all ; for if a plentiful year afford a superplus , the Tenant can make but little of it ; but if the year be scarce , he falls short in the payment of his Corn , and by reason of the price it bears , can never clear that Debt by the rates of a plentiful year , by which means he breaks , and contributes to ruin his Master . The Rent being altogether in Corn , the Grounds must be altogether in Tillage ; which has bin the ruin of all the best Countries in Scotland . The carriage of Corn paid for Rent , to which many Tenants are obliged , being often to remote places , and at unseasonable times , destroys their Horses , and hinders their labour . And the hazard of sending the Corn by Sea to the great Towns , endangers the loss of the whole . The Master runs a double risque for his Rent , from the Merchant as well as the Tenant ; and the Merchant making a thousand difficulties at the delivering of the Corn if the price be fallen , the bargain sometimes ends in a suit at Law. The selling of Corn is become a thing so difficult , that besides the cheats used in that sort of Commerce , sufficient to disgust any honest man , the Brewers , Bakers , and sometimes the Merchants who send it abroad , do so combine together , that the Gentleman is obliged to lay it up , of which the trouble as well as loss is great . This causes him to borrow Mony for the supply of his present occasions , and is the beginning of most mens Debts . We may add to this , that by a Rent in Corn , a man comes to have one year 1000 l. Rent , and the next perhaps but 600 , so that he never can make any certain account for his expence or way of living ; that having one year 1000 l. to spend , he cannot easily restrain himself to 600 the next ; that he spends the same quantity of Corn ( and in some places where such things are delivered instead of Rent ) Hay , Straw , Poultry , Sheep and Oxen , in a dear , as in a plentiful year , which he would not do if he was obliged to buy them . Now the Tenant in a plentiful year wasts , and in a scarce year starves : so that no man of any substance will take a Farm in Scotland ; but every Begger if he have got half a dozen wretched Horses , and as many Oxen , and can borrow Corn to sow , pretends to be a Tenant in places where they pay no other Rent than Corn. I know there are many objections made to what has bin said concerning the advantages which a Rent paid in Mony has above one paid in Corn ; but certainly they are all so frivolous , that every man upon a little restections may answer them to himself . For the chief of them are , either that the Tenant will squander away Mony when he gets it into his hands ; or that the Master can get a better price for the Corn by selling it in gross to Merchants in the adjacent Towns , or else by sending it to be sold at a great distance . To the first I answer , that no substantial man will squander away Mony because he has got it into his hands , tho such Beggers as we now have for Tenants might be apt to do so . And to the second , that the hazard of sending Corn from one place of the Kingdom to another by Sea , and the prejudice the Tenants suffer from long carriages by Land , do in part balance the supposed advantage ; besides , if those wholesale bargains were not so frequently made , nor the Corn so often carried to be sold at the great Towns , the Merchants would be obliged to send to the Country Markets to buy , and the prices in them would rise . In short , the changing of Mony-rent into Corn , has bin the chief cause of racking all the Rents to that excessive rate they are now advanced . And upon reflection it will soon appear , that the turning of Mony Rents into Rents of Corn , has bin the invention of some covetous wretches , who have bin the occasion that all Masters now live under the same uneasiness , and constant care , which they at first out of covetousness created to themselves ; and all to get as much as was possible from poor Tenants , who by such means are made miserable , and are so far from improving , that they only run out and spoil the Ground , ruin their Neighbours by borrowing , and at length break for considerable Sums , tho at first they were no better than Beggers . The method of most other Countries is ; That all Rents are payed in Mony ; That Masters receiving a Fine , grant long Leases of their Grounds at easy Rents : but this supposes the Tenant a man of considerable substance , who cannot only give a Fine , but has wherewithal to stock , and also to improve his Farm. But in Scotland no such men are willing to take Farms ; nor in truth are the Masters willing to let them , as they do in other Countries . And tho the Masters may pretend , that if they could find substantial Tenants , they would let their Grounds as they do in other places ; and men of substance , that if they could have Farms upon such conditions , they would turn Tenants ; yet we see evident marks of the little probability there is that any such thing can be brought about without a general regulation . For in the West and North Countries where they let Land in Few ( or Fee ) the Superiors are so hard , that besides the yearly few-duty , they make the Fewer pay at his first entrance the whole intrinsick value of the Land : and the people , tho substantial men , are fools and slaves enough to make such Bargains . And in the same Countries , when they let a small parcel of Land to a Tradesman , they let it not for what the Land is worth , but what both the Land and his Trade is worth . And indeed 't is next to an impossibility to alter a general bad custom in any Nation , without a general regulation , because of inveterate bad dispositions and discouragements , with which the first beginnings of Reformations are always attended . Besides , alterations that are not countenanced by the publick Authority , proceed slowly ; and if they chance to meet with any check , men soon return to their former bad methods . The condition then of this Nation , chiefly by this abuse of racking the Lands , is brought to such extremity , as makes all the Commonalty miserable , and the Landlords , if possible , the greater Slaves , before they can get their Rents and reduce them into Mony. And because this evil is arriv'd to a greater height with us , than I believe was ever known in any other place ; and that , as I have said , we are in no disposition to practise the methods of most other Countries , I think we ought to find out some new one which may surmount all difficulties , since in things of this nature divers methods may be proposed very practicable , and much better than any that hitherto have bin in use . I know that if to a Law prohibiting all Interest for Mony , another were joined , that no man should possess more Land than so much as he should cultivate by Servants , the whole Mony , as well as People of this Nation , would be presently employed , either in cultivating Lands , or in Trade and Manufactures ; That the Country would be quickly improved to the greatest height of which the soil is capable , since it would be cultivated by all the rich men of the Nation ; and that there would still be vast stocks remaining to be employed in Trade and Manufactures . But to oblige a man of a great Estate in Land to sell all , except perhaps 200 pounds Sterling a year ( which he might cultivate by his Servants ) and to employ the whole Mony produced by the sale of the rest , in a thing so uncertain as he would judg Trade to be , and for which 't is like he might have no disposition or genius , being a thing impracticable : and also to employ the small stocks of Minors , Widows , and other Women unmarried , in Trade or Husbandry , a thing of too great hazard for them ; I would propose a method for our relief , by joining to the Law prohibiting all Interest of Mony , and to the other , that no man should possess more Land than so much as he cultivates by his Servants , a third Law , obliging all men that possess Lands under the value of 200 pounds Sterling clear profits yearly , to cultivate them by Servants , and pay yearly the half of the clear profits to such Persons as cultivating Land worth 200 pounds Sterling a year , or above , shall buy such Rents of them at twenty years purchase . The Project in its full extent may be comprehended in these following Articles . All Interest of Mony to be forbidden . No man to possess more Land than he cultivates by Servants . Every man cultivating Land under the value of 200 pounds Sterling clear profits a year , to pay yearly the half of the clear profits to some other man who shall buy that Rent at twenty years purchase ; and for his security shall be preferred to all other Creditors . No man to buy or possess those Rents , unless he cultivate Land to the value at least of 200 pounds Sterling clear profits yearly . Minors , Women unmarried , and persons absent upon a publick account , may buy or possess such Rents , tho they cultivate no Lands . By the first Article , discharging all Interest of Mony , most men who have small sums at Interest , will be obliged to employ it in Trade , or the improvement of Land. By the second , That no man is to possess more Land , than so much as he cultivates by his Servants , the whole Land of the Kingdom will come into the hands of the richest men ; at least there will be no Land cultivated by any man who is not the possessor of it . And if he have a greater Estate than what he cultivates , he may lay out Mony upon Improvements ; or if he have bought a small possession , tho he may have no more Mony left , he may , by selling one half of the Rent , procure a sum considerable enough , both to stock and improve it . So that in a few years the Country will be every where inclosed and improved to the greatest height , the Plow being every where in the hand of the possessor . Then Servants , Day-labourers , Tradesmen , and all sorts of Merchants , will be well paid , and the whole Commons live plentifully , because they will all be employed by men of substance : The Ground by inclosure , and other improvements , will produce the double of what it now dos ; and the race of Horses and black Cattel will be much mended . By the other Articles ; That no man cultivating Land under the value of 200 pounds Sterling clear profits yearly , can purchase Rents upon Land from any other man ; but is obliged to pay yearly the half of the clear profits , to such persons as shall buy them at twenty years purchase ; and that only those who cultivate Land worth at least 200 pounds Sterling a year , can buy such Rents ▪ The men of great Land Estates having sold all their Lands , except so much as may yield 200 pounds Sterling yearly , or so much above that value as they shall think sit to cultivate , may secure , if they please , the whole Mony they receive for their Lands , upon those Rents which the lesser possessors are obliged to sell . And so those who had formerly their Estates in Lands ill cultivated , and Corn-rents ill paid , as well as the other three sorts of persons excepted from the general rule , and mentioned in the last Article , will have a clear rent in Mony coming in without trouble , for paiment of which they are to be secured in the Lands of the said lesser possessors before all Creditors . The reason of excepting the three sorts of persons before mentioned from the general rule , is evident ; because ( as has bin said ) it were unreasonable to oblige Minors , or women unmarried , to venture their smal stocks in Trade or Husbandry : and much more that those who are absent upon a publick account , should be obliged to have any stock imploy'd that way , since they cannot inspect either . The small possessors by this Project are not wrong'd in any thing ; for if they are obliged to pay a Rent to others , they receive the value of it . And this Rent will put them in mind , not to live after the manner of men of great Estates , but as Husbandmen , which will be no way derogatory to their Quality , however antient their Family may be . The method to put this Project in execution is , first to enact ; That Interest for Mony should fall next year from six per Cent. to five , and so on , falling every year one per Cent. till it cease : And to make a Law , that all those who at present possess Lands under the value of 200 pounds Sterling clear profits yearly , should cultivate them by Servants , and sell the half of the clear profits at twenty years purchase to the first Minor , woman unmarried , or person absent upon a publick account , who should offer Mony for them ; and in default of such persons presenting themselves to buy , they should be obliged to sell such Rents to any other persons qualified as above : and likewise to make another Law , that whoever possesses Lands at present to the value of 200 l. Sterling clear profits yearly , or more , should at least take so much of them as may amount to that value , into their own hands . This being done , the yearly falling of the Interest of Mony would force some of those who might have Mony at Interest , to take Land for it : Others calling for their Mony , would buy estates of the landed men , who are to sell all except so much as they cultivate themselves : and the prohibition of Interest producing many small possessors , would afford abundance of Rents upon Land to be bought by rich men ; of which many might probably be paid out of those very Lands they themselves formerly possessed . So that all sorts of men would in a little time fall into that easy method for their Affairs , which is proposed by the Project . What the half of the yearly clear profits of any small Possessors may be , the usual valuation of Lands , in order to publick Taxes , which because of improvements must be frequently made , will ascertain . But it will be said , that before any such thing can every where take place in this Nation , all Teinds ( or Tithes ) and all sorts of Superiorities , must be transacted for , and sold ; that the Tenures of all Lands must be made allodial , to the end that every man may be upon an equal foot with another ; that this Project , in order to its execution , dos suppose things , which tho perhaps they would be great blessings to the Nation upon many accounts , and in particular by taking away the Seeds of most Law-suits , and the obstructions to all sorts of Improvements ; yet are in themselves as great and considerable as the Project it self . Indeed I must acknowledg , that any thing calculated for a good end is ( since we must express it so ) almost always clogged with things of the same nature : For as all bad , so all good things are chained together , and do support one another . But that there is any difficulty , to a Legislative Power ( that is willing to do good ) of putting either this Project , or the things last named in execution , I believe no man can show . Sure I am , that it never was nor can be the interest of any Prince or Commonwealth , that any subject should in any manner depend upon another subject : And that it is the Interest of all good Governments at least to encourage a good sort of Husbandry . I know these Proposals , by some men who aim at nothing but private Interest , will be looked upon as visionary : it is enough for me , that in themselves , and with regard to the nature of the things , they are practicable ; but if on account of the indisposition of such men to receive them , they be thought impracticable , it is not to be accounted strange ; since if that indisposition ought only to be considered , every thing directed to a good end is such . Many other Proposals might be made to the Parliament for the good of this Nation , where every thing is so much amiss , and the publick Good so little regarded . Amongst other things , to remove the present Seat of the Government , might deserve their consideration : For as the happy situation of London has bin the principal cause of the Glory and Riches of England , so the bad situation of Edinburgh has bin one great occasion of the poverty and uncleanliness in which the greater part of the people of Scotland live . A Proposal likewise for the better education of our Youth would be very necessary : and I must confess I know no part of the world where education is upon any tolerable foot . But perhaps I have presumed too much in offering my opinion upon such considerable matters as those which I have treated . Since I finished the preceding Discourses I am informed , that if the present Parliament will not comply with the design of continuing the Army , they shall immediately be dissolved , and a new one called . At least those of the Presbyterian perswasion , who expect no good from a new Parliament , are to be frighted with the Dissolution of the present ( which has established their Church-government ) and by that means induced to use their utmost endeavours with the Members for keeping up the Army , and promoting the designs of ill men : But I hope no Presbyterian will ever be for evil things that good may come of them ; since thereby they may draw a curse upon themselves instead of a blessing . They will certainly consider , that the interest which they ought to embrace , as well upon the account of prudence , as of justice and duty , is that of their Country ; and will not hearken to the insinuations of ill men who may abuse them , and when they have obtained the continuation of the Army , endeavour to perswade his Majesty and the Parliament , to alter the present Government of the Church , by telling them , that Presbyterian Government is in its nature opposite to Monarchy , that they maintain a rebellious principle of defensive Arms , and that a Church Government more sutable and subservient to Monarchy ought to be established . Now if at this time the Presbyterians be true to the Interest of their Country , all those who love their Country , tho they be not of that perswasion , will stand by them in future Parliaments , when they shall see that they oppose all things tending to Arbitrary Power : But if they abandon and betray their Country , they will fall unpitied . They must not tell me , that their Church can never fall , since it is the true Church of God. If it be the true Church of God , it needs no crooked Arts to support it . But I hope they will not deny that it may fall under persecution ; which they will deserve , if they go along with the least ill thing to maintain it . FINIS . 
A42981	----	A bitte to stay the stomacks of good subiects, or, A suddaine and short vindication of the Scotts Commissioners papers intituled, The answer of the Commissioners of the kingdome of Scotland, &c. from the imputations laid upon them, in the declaration of the Lords and Commons assembled in Parliament, concerning the papers of the Scots Commissioners, &c. Martij 13 by A.H., Scoto-Britan. A. H., Scoto-Britan. This text is an enriched version of the TCP digital transcription A42981 of text R4885 in the English Short Title Catalog (Wing H1). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 24 KB of XML-encoded text transcribed from 6 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A42981 Wing H1 ESTC R4885 11889937 ocm 11889937 50429 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42981) Transcribed from: (Early English Books Online ; image set 50429) Images scanned from microfilm: (Early English books, 1641-1700 ; 32:3) A bitte to stay the stomacks of good subiects, or, A suddaine and short vindication of the Scotts Commissioners papers intituled, The answer of the Commissioners of the kingdome of Scotland, &c. from the imputations laid upon them, in the declaration of the Lords and Commons assembled in Parliament, concerning the papers of the Scots Commissioners, &c. Martij 13 by A.H., Scoto-Britan. A. H., Scoto-Britan. 9 [i.e. 11] p. s.n.], [S.l. : 1647. "The answer of the Commissioners" appeared Dec. 27, 1647. Reproduction of original in Harvard University Libraries. eng Scotland. -- Parliament. -- Scots Commissioners answer to His Majesties quaeres. Great Britain -- History -- Civil War, 1642-1649. A42981 R4885 (Wing H1). civilwar no A bitte to stay the stomacks of good subiects. Or, A suddaine and short vindication of the Scotts commissioners papers intituled The answer A. H., Scoto-Britan 1647 4041 7 0 0 0 0 0 17 C The rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2005-11 TCP Assigned for keying and markup 2005-11 Aptara Keyed and coded from ProQuest page images 2006-02 Jonathan Blaney Sampled and proofread 2006-02 Jonathan Blaney Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion A BITTE To stay the Stomacks OF GOOD SVBIECTS . OR A suddaine and short Vindication of the Scotts Commissioners PAPERS INTITVLED The Answer of the Commissioners of the Kingdome of SCOTLAND , &c. from the Imputations laid upon them , In the Declaration of the Lords and Commons Assembled in Parliament , concerning the Papers of the Scotts Commissioners , &c. Martij 13. By A. H. Scoto-Britan . Printed Anno Dom. 1647. HIstory informes us . That when a dumbe Sonne of Craesus King of Lydia , saw one ready to stab his father , he conquered the naturall impediments of speech , and distinctly cry'd out Kill not the King That which wrought this Wonder , was the power of naturall affection by the operation of an extraordinary Sympathy : surely those are justly chargeable , with a more then bruitish , ( even insensate ) want of affection , and Sympathy who wil not now use , what Nature ordinarily affords unto all ; ( Speech , ) to rescue the father of their Country the Kings Majesty , from the killing wounds ready to be given unto him : This duty puts the Pen into my hands ; and without the Paint of Apology , makes me ( in the absence of an intrusted , and my farre more able countryman ) to shew unto you , how dangerously the States Empetiques practise upon the body politique of Great Brittaine , and make it as the ( Evill one ) their worke to propogate the sinne of their Rebellion : unto all others , especially unto my dear Countrimen , and these poysonous pills , are guilded With the pretence of undeceiving the people of both Kingdomes : This worke begets in them , Decla . P. 6 and delivers them of , A declaration of the Lords and commons assembled in Parliament , concerning the Papers of the Scots Commissioners , entituled the Answer of the Commissioners , &c. And horrid impiety that what men themselves wilfully reject , they should envie unto others ; Repentance , The Scots through misprison of zeale ( as Paul did Christ ) have persecuted their Soveraigne , but now are divinely converted , and will no longer engage with the Parliament in this sin , as they have published unto the world in their Answer , upon the New propositions of peace , and the foure Bills sent unto his Majesty , full of Honor , and Honesty , cleare from all the cavills of these desperate contrivers , and the ripe consultations of Men , of singular Iudgement , and exemplary integrity : who sincerely represented the sence of their Nation ; and therefore , ( although they are burthened with forgetfulnesse of the worke about which they came , P. 8 with interpositions in things concerned them not , and deviation from the trust of the Kingdome of Scotland ) they received as the Guerdon of true Patriots , and experienced States-men , before their departure from this city , a publique Instrument of thankefull approbation , from almost all the Nobles of Scotland , for their good carriage and wise conduct of the affaires of that Kingdomes heere : So that wherein they quarrel the proceedings of the Commissioners they might have been pleased , P. 7 ( but it made not for them to intend the Kingdome of Scotland . That which is first noted by them to disgust the Scots , was the alteration of the Propositions sent to Newcastle from those of Oxford , P. 8 in the management of the Militia of the three Kingdomes , the War , of Ireland , the education and marriage of the Kings children , &c. The concluding peace or war with forrain Princes &c : P. 10 As though these were not principall interests of the Kingdome of Scotland , as well as of England , and was the prosecuting these interests in the Kingdome of England , the Offensive exercise of an Interest in that Kingdome ; It were much to be wished this distinction , had beene offered , before the Scots Army left England : Surely these alterations the Post na●i tells us , leaves them worse then you found them , and takes from them their birth-right of equall capacity with your Sectes joyne with you in your Rebellion at first , with much of your own , [ as the Devill unto our Saviour ] you tendred more then was your owne , and now your worke is done , will you deny unto them , what is their owne in a word the sence of your Resolution , never to grant them the exercize of interest in this kingdome , P. 62 is to recede from the Articles of the Treaty between both Kingdomes ; P. 76 to debarre them of all places and Offices of trust , P. 80 and profit in this Kingdome , and to reserve them for your selves and your confiding creatures , which is a right , and interest of the Kingdome of Scotland , will be further claimed , and disputed with you : Yet the waving these interests for the time , by the Scots , could not but be acknowledged to proceed from transparent inclinations unto peace ; but now , because by the progresse of your unlimited Vsurpations upon his Majesties royall Rights , ( in which the Interests of the Scotts are especially included ) being better informed , they differ in Iudgement from your Propositions ; P. 22 This causes your wonder . Are further results of Judgement , upon further and more cleare Information no wayes to be permitted ? This were to obstruct all passages , unto humare certainty of knowledge , which is perfected by experience , ( the Child of time : ) But these men ( because they will compleat their sinnes with Obstinacy ) will admit of no variation from their first principles ( to unthrone the King ! ) and now much wonder that the Scots will not arrive with them at that point of Impiety : Because the Scots cannot grant that his Majesty ▪ & royal succession , should be devested of the power of the Militia , P. 11 and conferring Titles of Honour , ( the Essentiall rights of Regality ) for which they liberally affoard them solid Reasons ; the Parliament retrive nothing to procure further satisfaction ; but blow them of with , P. 12 that they are the transcript of the Kings Arguments about HVLL : which amounts unto this ; That what comes from the King ( how consistent soever with Reason , ) cannot be of force , or worthy the Answering : It is no marvell the Kings reasons are no higher rated by them , when that the word of God , can have but that Authority , and Acceptation with them , it hath with the Devill ; but wherein they can force it unto a specious ( though false ) Consistency , with their owne ends , and Interests : And it cannot certainely , without astonishment , and Horror , P. 24 P. 38 he observed , with what slighting , and indignation they mention his sacred Majesty throughout the whole Series of their Declaration , as though they were resolved to lay him altogether aside , as some monstrouse or accursed thing : How do they abhorre from a Personall Treaty , so often pressed by the Commissioners , as the only expedient of a safe , and well grounded Peace betweene his Majesty , and his people ; In order whereunto when the disbanding of the Army was propounded by them , how they discover a Tyranny awed with continuall feare , and only supported by the power of an Army : Had Sir Thomas Fairfax his Army beene disbanded , then indeed ( say they ) they might have brought the King to London , P. 13 whether the Parliament would or no , and have brought the Parliament unto a Personall Treaty with him , and therein unto what tearmes , he and they pleased : This is the greatest crime they charge the Scotts Commissioners , with : A Personall Treaty at London is first in their thoughts , and discourse : P. 18 19 The most secret , and greivous sinne doth not more abominate light , and manifestation , then Treason the sight of Regall Majesty abused by it ; The presence of the King at London might give him opportunity ( say they ) to caiole the Citizens ; i. e. to cozen and cheat them as themselves have done : ) Their diligence employes it selfe , ( with Achan ) to hide the Goulden wedge , and goodly things they espied in this City , to convey it into their owne stuffe , and makes the riches thereof serve unto their own ends , with which , It can no wayes stand , to admit King Charles unto Loudon : No the undeceived Citisens , would have too many representations , in his Majesties presence , of their sufferings , occasioned by his absence . A Treaty there , say they ( and contrary unto their custome most truely , ) would treat us out of what wee have fought for , ( i. e. the Soveraigne Dominion , ) draw the whole guilt of this effusion of blood , P 20 upon our selves , and tend unto the Apparent destruction of the Persons , ( i. e. themselves ) that have engaged : This Proposition of the Scots Commissioners , is too much for the Advantage of his Majesty , and indeed too honest for this pack't partie , the present partie-colourd Parliament , to yeeld unto : And therefore , whilst he is at this distance of affection with them , ( they say not of Judgement , ) for what good man can close with them ? P. 22 His locall absence is Necessary : But nothing more startles this Crue , then that the Scots , should now varie from that , wherein they formerly concurred with them : Or what Reasons they have thought on since , which they Iudge more effectuall then those , ( formerly . ) I will assigne them some few , of many ; Naturall affection and Loyalty , quickned by the word of God and conscience informed ; Honor , their owne Interest , and the perfidie and Irreligion of this present Parliament , All which , by a joynt and respective Influence upon them , now , powerfully dispose them unto their duty of Subjection , and Christian Obedience , wherein they are obliged unto their Dread Soveraigne . They were formerly decoyed into this Kingdome , under those winning pretences , of Reformation of Religion corrupted , and the preservation of the just liberties of the subject encroached upon , and fearing the Inconveniences which flow from these , might reach unto themselves , they willingly engaged in this war : but now [ contrary unto their Hope ] finding the successes of their Armes , to have beene the fruitfull parents , of infinitely more corruptions , in church and common wealth , and that the intentions of these Reformers , ( what ever they pretended ) never aymed at or were directed unto these good ends , but at the subversion of Monarchy , and placing a supreame power in themselves , and the driving on of particular ends and interests of their own ; and an Arbitrary Government ; to support which , as they tollerate all Religions , and even the most damnable Here●●es ; So they do all illegall practises ; and the most unwarrantable , and violent actions of those who adhere unto them . These things visible ( unto all who have eyes ) appearing unto the Scots , they do now , [ not without just resentment ] reflect upon themselves , and are resolved no more to partake with these men , in their sins , but to do their first workes , returne unto their first love , and as [ the Tribe of Judah did by King David , ] being bone of his bone , and flesh of his flesh , they will [ by Gods assistance ] industriously endeavour to bring their natural King unto his owne house ; and that with honor , safety , and freedome ; maugre the opposers . Nor will his Majesty be ever pressed by them to take the Covenant , having so often protested his aversenesse thereunto , there being more reason herein [ what they upraid the Commissioners with , ] P. 36 to take the measure of their desires , from what may please the King ; then what they ( with Ieroboam ) doe , to establish their owne throne , and new erected dominion , to set up so many Calves and Idolls , such multitudes of reidiculous teachers , and abominable Sects , and Heresies : For what else is it to conive at and tollerate them , yea to countenance them : yet this sect [ forsooth ] must be convinced by the word of God , P. 50 with Gentlenesse , and Reason , and not beaten out of it by force : Thus must Anabaptists be dealt withall , yea pleaded for also , and supplyed with a better argument then ever they could find for themselves , That It is onely a difference in the circumstance of time , in the Administration of an Ordinance It is admirable that Moses could not hit upon this distinction , unto the Angell who was ready to kill him for his deferring the circumcision of his sonne Eleazar equipollent unto baptisme . Independents , also under which Notion , Antinomians , Libertines , Brownists , Seperatists , P. 53 Arminians , Familists , Erastians ; Seekers , Shakers ) all the rable of Heretikes shelter themselves , must have indulgence granted unto them , yea , and the chiefe places , of Honor , trust , and profit , in Church and common wealthe , conferred upon them ; [ how ever we are borne in hand with the settlement of the Presbyteriall Government , P. 38 ] and yet because the Comissioners would have the King complyed with and the conviction of his Iudgement , and satisfaction , expected : This must be in them a Coznage : Nor will such as have adhered unto his Majesty in the late Warre , be [ through the Scots procurement , ] pressed unto the Covenant , which hath bin truely made an Hooke only to draw the Kings partie into danger . A meere Cobweb to catch flyes in , the weakned Kings partie , whilst the stronger Reptilia ( bred in their owne intralls ) can breake through it when they list : Surely an equall respect is due ( nay a farre greater ) unto those of the Kings Judgement , for the antiquity of their Reformation , and uniformity , then unto your Independents , and Sectaries , so that ( what you will not extend , ) P. 45 Indulgence , to tollerate unto them , the use of the Common Prayer , will bee left unto his Majesty to give unto them : It being much more ( in the apprehension of the Scots ) tollerable , that Prelacy ▪ ( some excercise of which Government , they have seene in other Kingdomes embraceing the Reformation ) should be restored , then instead thereof such thick weeds of Heresies as now daiely spring up in the Church , and are ready to choak the seed of Gods word ▪ be permitted a full growth . And herein they say much lesse , then that great Patron of Independencie Mr. Iohn Goodwin , the Bellweather of that Flock doth , P. 26 who tells us , That there was more of the power , and truth of Religion in England , under the late Prelaticall Government , then in all the reformed Churches besides which ( they say not in others ) in this Church is most true : But this Parliament likes not , ( as not likely to Thrive by it ) uniformity in Religion , being certainely ( for the greater part of them , ) of Kinne unto that English man , our Countrey man Barkely speaks of , who seperating from his Neigbours , first placed the true Church in his owne family , and having severall Sonnes , these afterwards being different in Judgement , there became at length , so many Churches and Religions , as there were persons in the House , from which many of the Grandees at Westminster , are probably extracted . And as unto that grand exception taken against the Commissioners , for propounding that an act of oblivion , without any caution or limitation , should be passed in both Kingdomes , whereby Delinquents shall be set upon an even flowre , p. 33 with those that have engaged against them in that Cause : The Scots conceive themselves obliged in the strictest points of honour , to advance what they possibly may , the good of those high Noble and Loyall spirits , which no obliquity of worldly respect , no distortion of danger or weight of suffrings , hath beene able to divorce from his Majesties service : And as they acknowledge it their great unhappinesse , that they have not had the Honour to be sharers with them hitherto in this Glory ; So now it is their ambition , to have part and fellowship with them in this most noble worke , and just undertaking , of re-establishing his Sacred Majestie into his unquestionable Rights ; In pursuance whereof , ( what the Parliament object unto the Scots Commissioners , that through all these and many former Papers they plead the Cause of the King and his Partie ) They will hence forward , p. 34 urge that Cause with the most powerfull and now onely Arguments , the Parliament of England can yeild unto , gnash they never so much with their teeth ; Such favorites are Delinquents now growne with them , p. 35 as by their Reception at Edenburgh they may guesse . Nor can lesse be expected from the Scots , as on whom the Parliament of England , hath so notoriously imposed , as to have his Majestie left unto them , by them , upon such tearmes and assurances of high regard unto his Majesties Person and Royall Rights : The contrary whereof , in every point they have unto their eternall infamy ) performed ; p. 41 which assurances though they evade and deny them , shall be justified unto the world , by the publication of the transactions , betweene the Commissioners of both Nations at New-castle , and also by the Overtures ever sithence : His Majesties Person and Royall Rights , being of equall concernment unto the Scots with the English , although the Parliament of England call these [ exclusively ] their owne rights — for which they hold it not fit to capitulate : p. 41 And for this abuse of brotherly confidence in the Houses , the Scots doubt not , in Gods mercy to bring them unto such an account , as shall leave the whole reckoning of His Majesties unparalel'd sufferings upon themselves , who now seeme to have no way of Iustification left , but by further progresse in crimes : So that it is not to be marveiled at , they seeme so much to undervalue His Majesties Regall Power , of conferring titles of Honour , and labour to render the Scots ridiculous , for that they are so extreame thirsty , p. 75 to drinke of the Fountaine of Honour , so they stile the King , say they , because indeed the Parliament of England ( as to the over-ruling partie thereof , many being led aside by their fraud , and violence ) have left off to be honest , Honour being but the proper seat , and stall of honestie : Neither can it be presumed that they desire to taste of this fountaine , when they make it their worke , to damme and fill it up with the rubbish of their new Government , and yet unshapen Tyranny , wholy trampling under their feet , all the Divine and Glorious prerogatives , and Royall Priviledges of Monarchy exercised in all ages by the Kings of England and Scotland ( The Sunne in his greatest splendor , is not more manifest then this ) By their endeavour to take away His Majesties Prerogative in the settlement of Religion , His Legislative power , the Negative voyce , the Militia , the disposing of Offices , conferring of Honours , the disposing of his Children , the election of his Servants , with many other rights that append unto these ; In which transcendent usurpations upon their owne borne King , should the Scots concurre , they should most justly render themselves the shame of all Nations , and the off-scouring of the world : The perfidie of the leading partie in the present Parliament , hath already given too great a staine unto their Honour ( by their dealing with His Majestie ) which they will sooner wash off with prodigall streames of the dearest and best blood of Scotland , then they will suffer to remaine or rest longer upon them ; And whereas they lay an heavy load upon the Commissioners of unthankfulnesse unto their Armie , who shewed such tender fellow-f●●ling of their sufferings and their true-heartednesse towards them ▪ p. 88 89 The Armie might well pay them with words , for thy many blowes they received , and with which they discharged their scores in Scotland , and saved their heads ( with the losse of many thausand of their owne lives ) in England ; They no wayes being able to have matched , much lesse to have mastred His Majesties party without their conjuncture ; No English man all this while loosing one drop of blood for the Cause in Scotland ; and as the Scots have very dearely earned their whole pay ( had it beene more , and more truly paid ) with the vast expence of their blood , the impoverishment of their County , and a bloody engagement against their owne bowells , so hath it cost them most , by incurring the forrain censure of disloyalty ; Into which the Hypocrisie , and Avarice of the Parliament of England principally led them , and to discharge themselves of this burthen , now become intollerable , and to shew unto the world , that the present practises of the Parliament of England were not the motives of their advance into the Kingdome ; they resolve ( with Gods leave ) to manifest the contrary , and speedily to come nearer unto them , to debateface to face the Royall Rights of His Majesty , p. 76 80 and their joynt interests so eluded by them , with such demonstrations ( as by Gods helpe ) will be of force manifestly to prove by their power , what by their Commissioners they have propounded in their Papers . Reader , take this for the first light skirmish of a reply unto the Declaration , untill the maine battell of more manifest Demonstrations , for the truth of what is here set forth in the behalfe of the Answer of the Scots Commissioners , can be drawne up and rallied . FINIS . Notes, typically marginal, from the original text Notes for div A42981e-180 Sion Coll. visited . Icon Ani. 
A43317	----	Reformation of church-government in Scotland cleared from some mistakes and prejudices by the commissioners of the Generall Assembly of the Church of Scotland, now at London / published by especiall command. Church of Scotland. General Assembly. Commission. This text is an enriched version of the TCP digital transcription A43317 of text R42074 in the English Short Title Catalog (Wing H1437). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 41 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A43317 Wing H1437 ESTC R42074 23660639 ocm 23660639 109557 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A43317) Transcribed from: (Early English Books Online ; image set 109557) Images scanned from microfilm: (Early English books, 1641-1700 ; 1702:10) Reformation of church-government in Scotland cleared from some mistakes and prejudices by the commissioners of the Generall Assembly of the Church of Scotland, now at London / published by especiall command. Church of Scotland. General Assembly. Commission. Henderson, Alexander, 1583?-1646. [2], 22 p. Printed by Evan Tyler ... Edinburgh : 1644. Attributed to Alexander Henderson. Cf. DNB. Contains ms. notes in margins. Reproduction of original in British Library. eng Church of Scotland -- Government. Scotland -- Church history -- 17th century. A43317 R42074 (Wing H1437). civilwar no Reformation of church-government in Scotland, cleared from some mistakes and prejudices: by the commissioners of the Generall Assembly of th Church of Scotland. General Assembly. Commission 1644 7409 3 0 0 0 0 0 4 B The rate of 4 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-03 TCP Assigned for keying and markup 2004-03 Aptara Keyed and coded from ProQuest page images 2004-05 Rachel Losh Sampled and proofread 2004-05 Rachel Losh Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion REFORMATION OF CHURCH-GOVERNMENT IN SCOTLAND , Cleared from some mistakes and prejudices : BY The COMMISSIONERS of the Generall Assembly of the Church of SCOTLAND , now at London . Published by especiall Command . EDINBURGH , Printed by Evan Tyler , Printer to the Kings most Excellent . Majestie . 1644. Reformation of Church-Government in SCOTLAND , cleered from some mistakes and prejudices . WHile we , the meanest of many our Brethren , for a time separated from our particular callings and stations , and sent forth into this Kingdome for a more publike imployment , are in all humility and patience , waiting what the Lord who is about some great Work in his Church , ( for which are raised so great Commotions in these and other Kingdoms of the earth ) will be pleased to do for Reformation of Religion ; the great Work of the honourable houses of Parliament , and the reverend Assembly of Divines ; and for Uniformity in Religion , so much desired by all the godly in the three Kingdomes : Unto whch an entrance is made by a solemne League and Covenant . We finde our selves bound against the prejudices and mistakings of some , who in the dark are afraid of that which they know not , and suffer their affections of love and hatred to run before their understanding ; and against the mis-representations and indirect aspersions of others , who do so commend their own way , that the reformed Churches thereby suffer disparagement ; To give that testimony unto the order and government of the Reformed Churches , and particularly of the Church of Scotland , which they do well deserve , and to honour them whom the Lord hath so highly honoured , in advancing the Kingdom of his Son , in the converting and saving of so many souls , and in opposing and suppressing a world of corruptions , Heresies , and Schismes , by his wonderfull blessing upon their order and Government . In this our humble testimony and true relation , unto which we are at this time thus necessitate , we shall endeavour nothing but a simple and innocent manifestation and defence , without desire or intention to give the smallest offence to any who fear God , love the Truth , & desire to walk in truth and in love with their Brethren . This our profession , we are confident will finde credit with all that know us , and have observed our wayes since our coming into this Kingdom , which have been , and ( so farre as the the truth will suffer us ) ever shall be , to unite , and not to divide ; to compose , rather then to create differences ; which we conceive also to be one principall end , of the calling of the Assembly of Divines , and which all the members of the Assembly , against all particular interests , are after a speciall manner ingaged to aime at and endeavour . The order and Government of the reformed Churches in the beauty and strength thereof , as it is not hid in a corner , wrapped up in a Mystery , or covered under a cloud of darknesse ; but is known to the Nations and Kingdomes of the earth , openly professed and practised in the eyes of the world , and cleerly seen , as a City that is set on a hill , in the light of the Sunne at noone day ; So is it commended , and already confirmed by a long tract of time , and the experience of many yeers , and hath been countenanced from Heaven , and blessed from above , with the preservation of the truth and unity of Religion , against Heresies and errours in Doctrine , Idolatry and corruptions in worship , and all sorts of Sects and Schismes , wherewith it hath been continually assaulted : How goodly are thy Tents : O Jacob , and thy Tabernacles O Israel , &c. It hath made the Church of Christ terrible as an Army with banners , and like a strong and fenced City , against which the Adversaries have despaired to prevaile , but by making a breach in this wall , and where they have gained ground or gotten any advantage , either the wall hath not been built , or being built hath been broken down , or not vigilantly keeped by the Watch-men . The Instruments which the Lord used in the blessed Work of Reformation of the Church of Scotland ( wee speak not of the reformers of other Churches ) were not onely learned and holy men , but had somewhat in their calling , gifts , and zeal to the glory of God , more then ordinary : Their Adversaries were not able to resist the wisdome and Spirit by which they spake ; some of them had a propheticall Spirit , manifested in divers particular and wonderfull predictions , and some of them were honoured to be Martyrs , and sealed the truth with their blood : So that in them , in the people of God converted by them , and and in the Reformation brought about by the blessing of God upon their labours , against all the Learning , Pride , Policie , and abused power of the time , there was to bee seen a representation of the Primitive and Apostolicke times , and a new resurrection from the dead . After them also did the Lord raise up in the Church of Scotland many burning and shining lights , men of the same spirit , mighty in converting of souls , walking in the same way , and who communicated their Counsels and keeped correspondence with Divines of other Nations , and with the greatest and purest lights in the Church of England , in the point of Reformation and setling of Church-government , which at that time was the common study and endeavour of both , and wherein they and their Successors continued till the times of defection , which made an unhappy interruption of the work . What men are like to do in after times we cannot foresee ; but we have not seen or heard of any to this day , farrer from partiality and prejudice in the matters of God , then their wayes witnesse them to have been ; and were they now living we beleeve there would be none in the reformed Churches , so far swayed with partiality or prejudice , that would deny them this testimony . They had no other rule and paterne of Reformation but the word of God , and the practice of the Apostolicke Churches in the Word . All the books of God are perfect , the book of life , the book of nature , the book of providence , and especially the book of Scripture , which was dy●ed by the Holy Ghost , to be a perfect directory to all the Churches , unto the second coming of Jesus Christ ; but so that it presupposeth the light and law of nature , or the rules of common prudence , to be our guide in circumstances or things locall , temporall , and personall , which being Ecolesiastico Politica , are common to the Church with civill societies , and concerning which , the Word giveth generall rules to be universally and constantly observed by all persons , in all times and places : Of things of this kind a godly and wise Divine giveth two rules : One is , that the Physician cannot by sending his letter to the Patient appoint the dyet and bath , the pulse must bee toucht , and as it is in the proverbiall speech , gladiatorem oportet in arena capere consilium . The other is , that in things of this kind , when the change is not to the better , it is both without and against reason to make a change ; without reason , because when the change is made unto that which is but as good , the one and the other in reason are equall : Against reason , because the change it self in such a case , is an hinderance to Edification , savoureth of the love of Innovation , and derogateth to the authority which maketh the Constitution . What they had once received , not upon probable grounds in way of conjecture , but upon the warrant of the Word , and by the teaching of the spirit , with certaintie of faith , that they resolved to hold fast , & did hate every false way contrary unto it . They did not in the matters of Religion rest upon a Sceptical or Pyrrhonian uncertainty ( the charge of the Orthodox Divines against the tenets of Arminians and Socinians ) which keepeth the mind uncertain unstable , is a fountain of perpetuall alterations in the Church of God , an open door to all heresies and schismes to enter by , and a ground of despairing to bring questions and controversies to a finall issue and determination . And for us , as upon the one part , we not only conceive , that no man attaineth so full assurance of faith , in any matter of Religion , but he may receive encrease of his faith , and therefore should alwayes have his minde open and ready to receive more light from the Word and Spirit of God : but also do ingenuously acknowledge ( as wee have formerly professed ) that wee are most willing to hear and learn from the Word of God , what needeth further to be reformed in the Church of Scotland : Yet God forbid , that we should never come to any certainty of perswasion , or that we should ever be learning , and never come to the knowledge of the truth ; wee ought to be resolute and unmoveable in so far as we have attained ; and this we take to be the ground , as of other practices , so also of Covenants and Oaths , both assertory and promissory , in matters of Religion . As they held it not sufficient , to receive or retain some such practices , as other reformed Churches judged warrantable ; for thus they should have rested upon some few principles and beginnings of Reformation , and might have differed as much in other things from the Reformed Churches , as they agreed in some things with them ; so can it not be satisfactory , that any Church should only practise some things , universally received in the Reformed Churches . ( 1 ) All Christian Churches , although very different in ordinances and practices , yet do agree in some things , ( 2 ) If our desire of Uniformity with other reformed Churches , and the reverend esteem we have of them , draw us to conform to them in some things ; upon the same reason we ought to joyne in all things wherein they do all agree amongst themselves . ( 3 ) Differences about Negatives and the denying of profession and practice in other matters wherein they are all unanimous and uniform , may prove no lesse dangerous and destructive , then differences about Affirmatives . The Arrians , Socinians , and many others , do erre dangerously in denying some positive points and received principles of the doctrine of the reformed Churches , concerning the Person of Christ , and his Offices . The Antinomians also ( if we should mention them ) do also agree with us in the principles of Grace ; but in their superstructures and conclusions , runne in a way destructive to the doctrine and deductions of the Apostolick and reformed Churches , and to the principles received by themselves . ( 4 ) Such Churches as make profession of differences only in Negatives , or in denying some practices received in the reformed Churches , have received , and do hold some positive practices of their own , which the reformed Churches do not allow , and which to them are negative . Of this ( would we suffer our selves to descend into particulars ) we might give divers known instances : now if they do not allow of the reformed Churches , in so far as they do not admit of these their positive practices , how shall they think that the reformed Churches can allow them in the like ? for the rule is , Wherein thou judgest another , thou condemnest thy self , for thou that judgest dost the same things . They did honour Luther , Calvin , and many others , whether their Predecessors or contemporaries , who had heart or hand , especially in an eminent degree , in the blessed work of Reformation : for their direction , they made use of the light which such notable servants of Jesus Christ did hold forth , in doctrine and discipline , and in all thankfulnesse they did desire and wish , that their names might be had in eternall remembrance : Nor was it possible that so great an alteration as the corrupt state of the Church required could be effected , and not carry some remembrance of the instruments : but for this to call us Calvinians ; and the reformed Churches , Calvinian reformed Churches , is to disgrace the true Churches of Christ , and to simbolize with the Papists , who call themselves The Catholicke Church , and hold the rule delivered by Hierome against the Luciferians : If anywhere we finde men professing Christianity , called by the particular names of men , know them to be the Synagogue of Antichrist , and not the Church of Christ . The separation may be well allowed to be called Brownists , and others from the matter wherein they erre , and part from all , not onely the reformed , but Christian Churches , as the Monothelites of old , and the Anabapists now , may bear their own names . They who apprehend any danger in names ( as there is a great deale of danger in them ) ought not to appropriate unto their own opinion , that which is common to all the reformed Churches , nor to joyne with Papists in giving names of Sects unto the reformed Churches ; and they who conceive no evill in so doing , ought not to offend , that names are given unto them , especially since their differences from the reformed Churches , must be designed under some name and notion , and in this case charity commands the mildest names , such as hint most clearly at the difference , and are farrest from reproach , to be attributed unto them , as most discriminative and tolerable . Nothing was farrer from their thoughts and intentions , then to frame in their own forge a Lesbian rule , answerable to any particular forme of civill policy , or complyable with State ends . That they looked with singlenesse of minde to the rule of Scripture , we give these three evidences ( 1 ) The great pains they took in searching the will of God , and after they had found it , their grievous sufferings from the civill authority in defence thereof , of both which afterward in the own place ( 2 ) The restlesse objection and continuall opposition of politick men and Court Sycophants against Presbyteriall government , as incompatible with Monarchy , and their manners ( 3 ) And the necessary assertion of the true policy of the Church by Divines in both Kingdoms ( between whom there was no notable difference ) demonstrating that it was in it self unalterable , because divine , and yet complyable with every lawfull kinde of humane policy and civill government , and able to keep a whole Kingdom or state in a right and sure way of Religion . Our chiefest reformers , had indeed their education in other Churches , which was the goodnesse of God to them and us : there did they see examples of Reformation , and conversed with other reformers , by whom they were taught from the word in the wayes of God , and thence did they bring ( as the Romans their laws of old from Greece and other Nations ) models of Church-government , that comparing one with another , they might fix upon that which was builded upon the foundation of the Apostles . Like as we accompt it no small happines , that we have bin educated in the Church of Scotland , and are acquainted with the practice of Church-government there , which giveth us much light and confidence against such scruples and doubtings as are powerfull enough to suspend the assent of others , who by reason of their education in other Churches , are strangers unto it . Nor do we know a reason why education in sound doctrine and true worship , should be accompted a matter of thanksgiving to God , and yet should glory in this , that we are not by education ingaged in any one form of of Discipline and Church-government , but left to our selves to be moulded by our own private thoughts . They intended and designed from the beginning , the Government of the Church by Assemblies and Presbyteries , although they could not attain that perfection at first in the infancie of Reformation , but gave place to necessity , which in such cases is universall , and in this they followed the example and practice of the Churches planted by the Apostles , which if not at first , yet afterward were of greater number in one City , then did or could ordinarily assemble in one place for the worship of God , and therefore had a plurality of Pastors and Officers , which made up a common Presbytery for governing the whole : They set up such Officers in the Church , as were both necessary and sufficient for the Church , Pastors , Teachers , ruling Elders , and Deacons : They did not permit such as are called Laymen , and intended to continue such , to preach or prophesie in the Congregation , nor did they admit of any other ruling Elders , but such as are solemnly elected and ordained , although they do maintain themselves upon their own means , and attend their own particular Callings , which is not incompatible with their Office , especially they being appointed in a number competent and proportionable to the number of the people , and quantity of the Congregation ; And their Ecclesiasticall charge , not being pastorall , nor requiring any great meditation or study apart , but such as they may easily attend , without neglect of their owne particular affaires . What shall be rendred unto the Magistrate by others , whose particular tenets are not yet known either to the Church or Magistrate , unlesse it be in a hid and secret way , unto which we are not privy , we cannot determine : but the doctrine of the Reformed Churches , concerning the honour and obedience due to the Magistrate , is openly known by their confessions of faith , and long continued practices ; and this much we know , that the principles both of Civill and Church-government , are laid out in Scripture , and therefore the one cannot be contrary to the other , or they inconsistent between themselves . Nor do wee measure the power of the Magistrate by the principles of Presbyteriall Government , but both of them by the Word , and therefore deny not unto the Magistrate what God giveth them ; and more then this dare we not professe , for any respect to our selves , or to the form of Ecclesiasticall Government professed by us : How much , and for what ends , the Pagans and Infidels of old , the Papists , Prelates , and Arminians of late , have laboured to make the way of Christ hatefull to Princes and Magistrates , is too well known , and hath been bitterly felt , yet God hath cursed this policy in the end . There may bee good reason to expresse our judgement of this or other points of duty from Scripture : but to avouch when we are not challenged , and that only in the generall , by way of comparison , That we ascribe more to the Magistrate , then the reformed Churches doe , they being faithfull to their own principles of Ecclesiasticall Government , may suffer a harder construction , then we our selves would willingly under-go , or put upon the intentions of men , who seek not their own things , but the things of Jesus Christ . As the blessed Instruments of Reformation proceeded by no other rule but the Word of God , so did they with great judgement and learning , which they had in a measure above others , examine and frame all things diligently and exactly according to the rule ; and although the Reformers in England were either altogether , or for the greater part taken up with the Doctrine ; yet in the Church of Scotland it was otherwise . After the doctrine was established , which was speedily done , they were exercised in Conferences and Assemblies , with debating the matters of Discipline and Government above the space of 20 years , which endured much opposition from authority , from worldly men , and from the adversaries of the Truth , both Prelaticall on the one hand , and upon the other hand Separatists , of which sort some came into Scotland from England , which was unto them a whetstone to quicken them , and to make them the more circumspect & exact in their way , which lay in the middle , betwixt Episcopacy upon the one hand , and popular confusion on the other . It pleased the Lord , whose presence and blessing they sought after in these dayes with frequent prayer and humiliation , both in private and in the publike Nationall Assemblies , so to assist and lead them in all truth ; that the Church of Scotland was honoured from abroad , both from England and other Nations , with the testimony of such a Reformation , as other Churches accounted to be the greatest happinesse upon earth , and when they were wishing after a Reformation , they made it the measure of their wishes . We would willingly shun comparisons , were we not brought upon this straine : We do upon very good reason judge the Church of England in the midst of her Ceremonies , to have beene a true Church , and the ministery thereof , notwithstanding the many blemishes and corruptions cleaving unto it , to have been a true ministery , and shall never deny unto them that praise , whether in debating controversies with Papists , or in practicall Divinity for private Christians , which they do most justly deserve . Upon the other part , we are neither so ignorant nor so arrogant , as to ascribe to the Church of Scotland such absolute purity and perfection , as hath not need or cannot admit of further Reformation . Yet that there is a wide difference betwixt the one and the other , acknowledged also in the Common Covenant ; Wee bring two famous witnesses from the Church of England to prove : The one is Brightman ; Loath would I be ( saith he , speaking of the Church of Scotland ) to provoke any man to envy , or to grieve him with my words : Yet this I must say , There is no place where the Doctrine soundeth more purely , the worship of God is exercised more uncorruptly , where more faithfull diligence of the Pastor doth flourish , or more free or willing obedience is given by the people , nor yet where there is greater reverencing of the whole Religion amongst all orders . And afterwards ▪ Neither doth it onely keep the Doctrine of salvation free from corruption , but it doth also both deliver in writing , and exercise in practice , that sincere manner of government whereby men are made partakers of salvation , Revel. of the Apocal. cap. 37. The other is Cartwright : Yea , the Scottish Nation , which were some yeers behind us in the profession of the Gospell , the first day almost that they received the truth , did by many degrees in the way of purity outstrip us . These two witnesses , unto which we might adde many other from the reformed Churches in other Nations , bear testimony , that there is no such thing in the Church of Scotland , as might prove her to be no Church , or bar Communion in worship with her , as the Liturgy , Ceremonies and Prelacy in the Church of England ; or that the Corruptions of the one and the other are of the same kinde , equally destructive of the essence of a Church , and equally impedetive of Communion and worship . All visible Churches , which have been , or shall be at any time on earth , consist of persons good and bad , Sheep and Goats , Wheat and Tares , such as walk Christianly and such as walk inordinatly : Which therefore must also be the condition of the Church of Scotland , yet the order of the Church , admitteth not either ignorant or openly prophane and scandalous persons , to the participation of the Lords supper : If any Pastor and particular Eldership bee negligent in their duty , it is their fault , who are to beare their own guiltinesse , and ought not to be imputed to the order of the Church , which standeth in force against it . We may be very confident , that the godly people , who did transplant themselves out of this Island , ( the fame of whose piety and zeal shall never suffer detraction or the smallest diminution from our thoughts or words ) might have lived in the Church of Scotland , injoying the pure Ordinances of God , with peace in their consciences and comfort to their souls , and would have willingly come into Scotland , when they went into New-England , could they have been free of the usurpation and tyranny of Prelats and the Prelatical party , which at that time did reigne and rage in that Kingdome , vexing the Godly Ministery and people there , with many and bitter sufferings . The two extreams of the true forme of Church-Government , which standeth in the middle way betwixt Popish and Prelaticall Tyranny , and Brownisticall and popular Anarchie , were contrary one to another , and have their own degrees of Tyranny or Anarchie in themselves , which is the cause of their sub-divisions , fractions , and differences amongst themselves : but both sides agree , and strongly joyne in opposing the true Government , which standing constantly , and without variation between the one and the other , is contrary to both . This is the true cause ( nor could it be otherwise ) that on what hand the invasion was hotest , there the defence was strongest . Against Prelacie which had many friends , and therefore made many enemies to Presbyteries , the Presbyteriall power and pens were long pleading : No sooner is the Prelaticall party , by the power and blessing of God , begun to be subdued in this Island ; but ariseth unexpectedly , The opposition on the other hand , waiting the opportunity , stronger then it was before , which moved some of our Divines of late , to write on this hand in defence of the government of the reformed Churches , as others had done before them in other Churches . In France Beza , & against Morellius Sadeel . Two Nationall Synods also of the reformed Churches in France , the one at Orleans in the year 1561. Another at Rothel 1571. And in all the reformed Churches , governed by Presbyteries and Assemblies , the positive grounds of the Government are laid open , which work equally against Adversaries on both sides , and have been applyed against them prove nata as they did arise or shew themselves . If so much have not been written upon one hand as the other , in a polemicall and Anaskeuastick way , let it be attributed unto the Adversarie , which was but obscure and weak , and from whom small danger was apprehended ▪ it being laid for a common ground by them all , That where a whole Nation is converted to the Christian faith , every particular Church is not to bee left to it selfe , as if it were alone in a Nation , but that Christ had provided a way , and there is a necessitie of a common Nationall Governement , to preserve all the Churches in Unitie and Peace . It is the Will of God , and hath been alwayes the constant course of Divine providence , that when his servants have been diligent in searching the truth , and zealous by professing and preaching , to hold it forth unto others , that they confirme and seal the truth , which they have beleeved and professed with their confession and suffering . The Church of Scotland had many Confessours , divers Pastours brought before the Lords of Councell , the High Commission , Diocesan Synods , were removed from their places , deprived of all the means of their livelyhood ; some confined , others imprisoned : a third sort brought into England , whence some of them were never suffered to returne , all of them for the Government of the Church . Others for the same cause were proceeded against by the criminall Judge , condemned of Treason , sentenced to death , and after long imprisonment , before and after the sentence , could finde no other mercy , but perpetuall banishment , wherein the greater part of them ended their dayes , without any Congregation , or Company of their owne Nation , rich or poore , to comfort them . So many of these witnesses as were suffered to live in their owne Land , did not undergoe any voluntary exile ; but in much poverty and affliction , went up and down , teaching and confirming the good people , and waiting for a spring time , wherein the face of God might again shine upon his Church and ( to use their owne expression ) some buds might arise out of the stumpe of Church government left in the earth . Had they at that time abandoned the poore oppressed Church , when they were put from their places , and deprived of their liberty , and had carried away with them such of the people as were of their minde , they had ( if wee would judge according to ordinary providence , and the course of second causes ) opposed the poore desolated Church for a prey to Episcopall oppression , and made the case of Religion in that Kingdome desperate : Or if they should have returned upon a revolution of extraordinary providence , they would have preferred the sufferings of their Brethren left behinde them in the midst of the fiery triall , unto their owne exile , and would have been loath to have impeded or retarded the late Reformation , with any thing they had brought with them from abroad : so many as returned from constrained banishment , having in all Unitie of minde , and heart joyned in the worke of Reformation . The Church of Scotland , as all other reformed Churches , hath used the power of the Keyes , & Church-censures of all sorts , especially the gravest of excommunication , with such sharpnesse and severity , and yet with such caution and moderation , as it hath been very powerfull and effectuall , to preserve the Name of God from being blasphemed , the Church and people of God from contagion , and the Delinquents brought under censure from destruction ; which are the ends proposed by them in executing the censures or the Church , and where such scandalls arise , whether in matter of opinion or practise , as are apt to make the Name of God to be blasphemed , are dangerous for the Church , and waste the Consciences of the sinners themselves , being accompanied with obstinacie and contempt of Ecclesiasticall Authority , they doe apply this last remedy , according to the order prescribed by Christ , against scandalous transgressours ; To limit the censure of excommunication in matter of opinion , to the common and uncontroverted principles ; and in the matter of manners , to the common and universall practises of Christianitie ; and in both , to the parties knowne light , is the dangerous doctrine of the Arminians , and Socinians , openeth a wide doore , and proclaimeth liberty to all other practices and errors , which are not fundamentall , and universally abhorred by all Christians , and tendeth to the overthrow of the Reformed Religion : which we wish all sound and sober spirits to abstain from , lest it render them and their profession suspected of some such opinions and practises , as in charity wee judge to be farre from their minds and wayes . Two main objections are made against the principles and practise of the order and government of the reformed Churches , for which the Church and Kingdome of Scotland , have done and suffered so much of old and of late . One is , that there is no need of the Authoritative power of Presbiteries and Synods , and that the exhortation of particular Churches one to another , the Protestation of one against another , and the withdrawing of communion one from another , may bee a sufficient remedy , and no lesse effectuall against all offences , then excommunication it selfe : especially if the Magistrate shall vouchsafe his assistance , and interpose his authoritie , for strengthening the sentence of Noncommunion ? To this we answer . 1. That this Objection supposeth a case , which hath not been found in the Church of Scotland for the space of above fourescore yeares , and which wee beleeve was never heard of in any of the Reformed Churches , except those of the separation : the pronouncing of Non-communion or Excommunication against a whole Church . Our excommunication hath beene executed , and but seldome against particular members , never against a whole Church , and wee thinke never shall bee , and therefore this imaginary feare of that which never falleth forth , is not considerable : Rules are made for ordinary and usuall cases . 2. What shall bee the remedy where the censure is mutuall , and two or more Churches mutually protest , and pronounce the sentence of Non-communion one against other ? unlesse there be a common Presbyterie , or Synod made up of the whole , which may decide the controversie , and give order unto the severall Churches . This Non-communion may prove a mean of division , rather then union . 3. In this Exhortation , Protestation , and Non-communion , there is no more to be found , then one particular member may doe against another , which yet is acknowledged to bee unsufficient for removing of offences , unlesse the authority of the Church , of which both of them bee members , shall interveine : Were it in the power of particular members to submit , or not submit , as they please , there would bee as great difference and division amongst members , as now there is amongst Churches . 4. What shall be done if the Magistrate be negligent or care for none of those things ? or if his Authoritie cannot be obtained ? or if hee bee of another Religion , and foment the difference for his owne politicke ends ? hath not the wisedome of the Sonne of God provided remedies in the Church for all the internall necessities of the Church , and constitute it a perfect body within it selfe . 5. By what probabilitie can it be made to appeare to any Rationall man and indifferent minde , that no Authoritie shall be as valide as authority against the obstinate , that via admonitionis , & requisitionis , is equall with via citationis , & publicae authoritatis : There cannot be so much as triall and examination of the offence without Authoritie , unlesse the partie be willing to appeare : that perswasion and Jurisdiction , that the delivering over to Satan , and thereby striking the Conscience with the terrour of God , by the authority of Jesus Christ , which hath the promise of a speciall and strong ratification in Heaven , and any other Ecclesiasticall way whatsoever , which must be inferiour to this , and depend onely upon perswasion on the one part , and free will on the other , can be supposed to bee a like efficacious . No man will say , but in civill matters , it is one thing to have adoe with our neighbour , who hath no more authority over us , then we have over him ; and another thing to have to doe with civill power which hath authority over both . The other Objection is : That by this Authoritie and Order of Government , one Church hath power over another , which is contrary to that liberty and equalitie Christ hath endued his Churches with , and is no other but a new Prelaticall dominion set over the Churches of Christ ? To this we answer . 1. That we are very farre from imposing or acknowledging any such collaterall power of one particular Church over another , nay not of the greatest , in all respects whatsoever over the smallest , for God hath made them equall one to another . The power which we maintain , is aggregative of the Officers of many congregations over the particular members of their Corporation : even as a member of the Naturall body is not subject to another ; but each one of them to the whole Man consisting of them all : And as one Member of Parliament , one Counseller ; or to goe lower , one member of a company , is not subject to another , but every one to the whole Colledge : The same may bee said of townes and cities : so is it with particular congregations combined in one Presbyterie . All the Reformed Churches acknowledge the Independencie of one particular Church upon another . 2. It is as miserable a mistake to compare Presbyteries and Prelates together : for the courts of Prelates are altogether forraign and extrinsecall to the congregations over which they rule , and then indeed the Metropolitan Church usurpeth and tyrannizeth over other Churches : but the power of Presbeteries in intrinsecall and naturall , they being constitute of the Pastors and Elders of the particular congregations over which they are set : So that another without themselves doth not beare rule over them ; but all of them together by common consent doe rule over every one , which is a most milde and free forme of Church-government : it being no more contrary to the liberty of a particular Church to bee ruled by a common Collegiate Presbytery , or Ecclesiastick Senate , then it is for a Member of a particular congregation to bee ruled by his owne particular Eldership . 3. Were this way of government as well known by experience unto others , as it is unto us , it would bee accounted rather Subsidium , then Dominium , and would be looked at , rather as auxiliary to particular Ministers and Elderships , then authoratative over them , especially since they neither ordain nor depose Ministers , they discern no censure , nor sentence of Excommunication of any Member , without the knowledge and consent of the congregation which is particularly concerned therein : whatsoever their authority be , the Minister and particular Eldership are advised , assisted , and strengthned , rather then commanded , enjoyned , or forced : which the particular Churches should much rather chuse , then through want of counsell and assistance , suffer themselves to run rashly upon Deposition or Excommunication , and afterward either be brought to the neighbouring Churches to the publike confession of their errour , which lesseneth their authority afterward , or to have the sentence of Non-communion pronounced against them , which must bee the cause of Schisme or scandall . So much for the present have we said , not for confutation ; but meerely for justifying our owne , and other Reformed Churches , against such misrepresentings and mistakings , as in matters of Religion are too frequent in this place at this time , to the perverting and abusing of simple and unstable minds , which will never be brought to a consistence and unitie , without this true order and governement of the Church , and the blessing of God from heaven upon his owne ordinance . Were Magistrates and civill powers acquainted with the power thereof , they would finde their authority increased , their worke more easie , and their places more comfortable thereby . Such as are most adverse to this order and government ( if they allow no materiall difference in doctrine , worship , or practise ) might enjoy their peace , and all the comforts of their Ministery and profession under it , without controlment , from that authoritative power which they so much apprehend . The Church of England which God hath blessed with so much learning and pietie , by this Reformation and Uniformitie with other Reformed Churches , which all of us have solemnely sworn and subscribed , sincerely , really , and constantly through the grace of God , to endeavour in our severall places and callings , should be a praise in the Earth . FINIS . Notes, typically marginal, from the original text Notes for div A43317e-120 The occasion . Our intention . The Government of the Reformed Churches is known . The Reformers of the Church of Scotland . The rule and patern of their Reformation . Their certainty in matters of Religion . Their consent with other Reformed Churches . They are not to be called Calvinians . Their Reformation was not framed to State ends . The Reformers not byassed , but benefited by education . They intended Presbyteriall Government from the beginning . What they give unto the Magistrate . Their diligent search for true Church-government , and the good hand of God upon them . The defence therof against adversaries on both hands . Their sufferings for the true Church government . Their exercising of that true Church government for which they had done and suffered so much . This government necessary for Churches living together . This government agreeeth with the libertie and equalitie of particular Churches . This government usefull and beneficiall to all sorts of persons . 
A45373	----	Some farther matter of fact relating to the administration of affairs in Scotland, under the Duke of Lauderdale. Humbly offered to His Majesties consideration, in obedience to his royal commands. That the Duke of Lauderdale was concerned in the designe of bringing in of popery and arbitrary government, may appear by these following particulars, &c. Hamilton, William Douglas, Duke of, 1635-1694. 1679 Approx. 14 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A45373 Wing S4502A Wing H483 ESTC R231 13649587 ocm 13649587 100970 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45373) Transcribed from: (Early English Books Online ; image set 100970) Images scanned from microfilm: (Early English books, 1641-1700 ; 789:24 or 1939:13) Some farther matter of fact relating to the administration of affairs in Scotland, under the Duke of Lauderdale. Humbly offered to His Majesties consideration, in obedience to his royal commands. That the Duke of Lauderdale was concerned in the designe of bringing in of popery and arbitrary government, may appear by these following particulars, &c. Hamilton, William Douglas, Duke of, 1635-1694. 4 p. s.n., [London : 1679] Ascribed to William Douglas, Duke of Hamilton. Cf. NUC pre-1956. Caption title. Imprint suggested by Wing. Item at reel 789:24 identified as Wing H483 (number cancelled). Reproduction of original in Henry E. Huntington Library and Art Gallery and British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Lauderdale, John Maitland, -- Duke of, 1616-1682. Scotland -- History -- 1660-1688. 2004-12 TCP Assigned for keying and markup 2004-12 Apex CoVantage Keyed and coded from ProQuest page images 2005-01 Mona Logarbo Sampled and proofread 2005-01 Mona Logarbo Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion Some farther Matter of Fact Relating to the Administration of Affairs IN SCOTLAND , Under the Duke of Lauderdale . Humbly offered to His MAJESTIES Consideration , in Obedience to His Royal Commands . That the Duke of Lauderdale was concerned in the Designe of Bringing in of Popery and Arbitrary Government , may appear by these following Particulars , &c. I. FIrst , in Anno 1669 , when he knew that the Duke had changed his Religion , he procured an Act in Scotland for Asserting the Kings Supremacy ; which he made the Presbyterian-party believe was to empower the King to put down Episcopacy , and set up Presbytery , ( the very words of it . ) The disposal of the External Government of the Church , is put absolutely in the Kings Power ; as also all Ecclesiastical Meetings and Meeters are to be ordered by the King. Now the acknowledgment of the Pope is a great part of the Ecclesiastical Government ; besides , the other words are so comprehensive , that all Popery may be brought in at that door . Soon after this , he entered into a firm Friendship with the Head of the Popish party . II. At his next Session of Parliament , which was after Madam's being at Dover , in 1670 , to shew his farther Kindness to that Religion , he put in words in the 7 o Act of that Session , against Withdrawers from publick Worship ; which secured Papists from all troubles : for the Act runs onely against his Majesties Subjects of the Reformed Religion ; for that Papists are expressly Excepted , and the words he put in with his own hand in the draught of that Act. III. Whereas he first procured the Act that was past Anno 1667 , that offerred the King an Army of 22000 men to be brought into England for any Cause in which his Majesties Honour , Power , and Greatness was concerned ; which was generally passed as a Complement , and continued so till the year 1669 , that other designe being projected in England by the Papists . He to be ready to second that , raised this Army , and procured another Act , which is the second in the first Session of the Parliament held by him ; by which the former Act was not onely confirmed , but it was ordered that this Army should obey the Order of the Council , without naming the King at all : which , as he has managed it , is upon the matter himself . And of late , before the discovery of the Plot , he designed to convert the 22000 men to a standing Army , as an Addition to the new Forces raised last Summer , to be constantly maintained by all Subjects ; contrary to the true meaning of the first or second Acts of Parliament relating to that purpose , and directly against the Fundamental Constitutions of the Nation , to impose Burthens upon it without consent of Parliament . IV. When he went down Anno 1673 , to see if he could draw down this Army to England ( finding he could not effect it , that Nation not being able to support this Tyranny longer ) he first wearied the Members of Parliament with often Adjournments , and finding in the end that Artifice and other tricks would not do , he dissolved the Parliament , that he might proceed there , consonant to the Councel he gave here ; and set up a Bare-fac'd Arbitrary Power there , which he has so much advised and pressed here ; and has ever since taken all the ways he could fall on to force the Nation to a Rebellion , by illegal Imprisonments , unjust Accusations , false Reports made to the King , taking away from the Subjects the right of Propriety , their limitable Jurisdictions by the Councils order , grounded upon Letters procured by him from the King , and put in execution by his brother Halton , by wrongful turning out Bishops , Ministers of State , Magistrates , and others , by cruel and illegal Sentences , Banishments , and Fines ; some whereof he disposed to Pensioners Relations of his own , by Grants obtained from the King here , which bear date before the Fines were judicially imposed in Scotland . And likewise by bringing a man to die , whom he had perswaded to confess upon hopes of Life ; and afterwards forswore that he had promised , though it stands yet registered upon the Councils Book . By sending Shipfuls to be Slaves in English Plantations , which he justified here at Council-board in Whitehal . By imposing Bonds against Law. And above all , by sending an Army of 9 or 10000 men , most of them Highlanders , to lie upon Free quarter , and rob and spoil a Country that was in no Rebellion , nor could any colour of saying they intended any , be ever found now or since . This he did last year , thinking that would certainly make them rebel , and so give a just Cause for keeping up a standing Army both there and here . And that being at the time when the Papists thought the Plot so neer perfection , was certainly in conjunction with them having prepared above 8000 Horse and Foot , with Officers of his own stamp , to execute his designe . It is more than probable that it was for the Intelligence his Lady gave of this , that the Cardinal of Norfolk sent his thanks to her . V. Whereas there are but few Papists in Scotland , he hath given these all the Incouragements he could . The Earl of Aboins , who was oft complained of to the Council by the Bishops for keeping many Priests in his house , and being a main Stickler for Popery , he made a Privy-Counsellor , and gave him a Pension , though he has never since gone to Church , nor received the Sacrament . The Earl of Northdale , another furious Papist , in Command of the new Forces he raised ( and so is Lord and King ) and both those two were last year employed by him in the plundering of the West of Scotland , &c. And there being in Scotland but five Noblemen that are Papists , four of them have been supported and maintained by him , &c. VI. He was a principal Instrument in procuring the Toleration of Popery , and courted them into sworn Friendship with the Lord Clifford ; and preferred the Declaration and other the Kings Edicts at the Council-board , to Law , &c. He pressed the King to break with his Parliament , and maintain the Declaration , and to take the Great Seal from the Earl of Shaftsbury , for giving him better Councel ; of which he has often boasted . He became also an Enemy to the Earl of Arlington , upon the same account , and has ever since had an intire friendship with the Lord Treasurer , for promoting those ends he supported the last year against the just Complaints the Scotch Lords made for Free Quarter , and other barbarous usages which they met with , &c. VII . He became a Pensioner to France , from whom he received rich Presents , and great Sums : out of one of the Jewels which Monsieur Colbert gave him , he made his rich George . He always helped on the French Levies in Scotland , against the Treaties the King had made , and gave the French Officers the publick Prisons ; yea , and the Kings own Castle of Edenburgh , of which he is Governour , to keep their Leavies in , till the Ships are ready for their Transportation : he gave order to his Brother to set the Levies forward , and to press men by force into their service ; which being informed to the House of Commons , he corrupted one of the Witnesses by Money to forswear it ; and this he did , after the House of Commons had Voted that any who assisted those Leavies , should be lookt upon as publick Enemies to the Nation . So much did he contribute to serve the French Kings designes ; and particularly in the year 1667. when complaints were made to the King by Spanish Ministers , that Scotland Leavies for France were a breach of Treaty , His Majesties Commissioners ordered a Proclamation to be sent down immediately for the discharging of them ; but the Duke of Lauderdaile dispatcht an Express to his Brother Halton secretly , to acquaint him that the Proclamation was coming , and that it should be kept up , until the Leavied Souldiers should be shipt and sent away , and then published ; which was accordingly performed . But for all the hast they made to sayl , the wind detained some of their Vessels in the Road after the Proclamation , and did drive others back , which had been a good way gone , yet none durst stop or trouble them , for fear of Halton , who had always promoted those Leavies , and had signed particular Warrants to several Prison-keepers , for delivering their Prisons to the French Officers . He lived at that time in such intimacy with the French Embassadour , that they were never asunder . He sent his Nephew to make Campaigne in the French Army , and wrote to the English Embassadour to present him to the King ; and tell him , That he had sent the dearest thing he had to his service , and if he had anything dearer he would have sent it . VIII . He hath upon all occasions spoken of the House of Commons with the greatest contempt and scorn possible , calling it commonly , Bellua multorum Capitum ; and usually said , if they would Address against him , he would fart against them , and that he would put a dog in his Arse and bark at them . And after boasted among his Creatures , That he had risen by their Addresses . For after one , he got himself made an Earl of England ; after the other , he had a Pension of 3000 l. per annum in England , though he had above 9000 l. per annum in Scotland , of the King ; and his usual word about the Commons is , Let them bark , and he will bite . IX . Not long ago he carried a person , known to be of a very mercenary quality , before the King , and its like suborned him to accuse some of the Nobility of Scotland , and say , They had inticed him to complain upon his Grace to the Commons in Parliament ; thereby thinking not onely to put those Noblemen out of the Kings favour , but also to beget in His Majesty an ill Opinion of the House ; but the parties being convened before the King , His Majesty discovered the Forgery , and Ordered the cheating Rogue to custody , where he yet lyes under restraint . X. At his last being in Seotland , he forced all the Officers of State , and others , in both Civil and Military Employments , to hold their Commissions of the King durante beneplacito , which was never practised in that Nation before ; the consequence thereof tends so much to Arbitrary Power , that they need not be particularilized ; he put in and put out Members of the Kings Council , according as they suted his secret Designs . In a word , he so packt all the Judicatures , that Justice and Equity have been Administred according to his pleasure , under colour of the good of the Kingdom . XI . When the Treaty for the Union of both Kingdoms was set on foot , which had been a great happiness to both Nations , perceiving he should thereby loose that absolute Power he had in Scotland , and not be able to prosecute his Arbitrary Defigns , set himself to a breach ; for which , this was his Argument , That it was rather the Kings Interest to keep the Kingdoms distant , and to hold England under the fear of the Scotch Army , which then he was Raising and Modelling . XII . He has lived in that Correspondence with the Papists and Priests , that the Cardinal of Norfolk before he left England was perpetually at his House ; he has kept constant Correspondence with Conyers and some Jesuites ; and at Rome he was called by one of the Popes Bed-chamber , a great friend of the Catholicks ; and in all his concerns , the Papists were still of his side . So that his late Proclamation against Papists in Scotland hath been onely a Mockery . Now since the Plot is discovered , to disguise his Traiterous Conspiracies , which then , though upon Mr. Oates his Discovery he talked at the Board like one that believed it ; yet he went strait to the Duke , and spoke of it with all possible scorn , and called it a Ridiculous Contrivance . XIII . First , That Colemans Letters were discharged to be made publick in Scotland . And next , his Tryal being Reprinted at Edenbourgh , the Books were by a peremptory Order in Council stopt at the Press , when finished almost to the last sheet , not onely to the Printers great dammage , but to a manifest suppression of the Discovery of that horrid Plot from the good people of that Nation , who were longing for the Particulars thereof . For is it not known , that Charles Milford of Hatton Treasurer , Deputy of Scotland , managed all the Affairs and Councels there , exactly as he received Instructions from his Brother the Duke of Lauderdail here ? according to which , those in that Country , which these Creatures talk now , of the discovered Plot , to be onely a Malicious Forgery of two Rogues , Oates and Bedlow . FINIS . 
A40373	----	A defence of the Scots settlement at Darien with an answer to the Spanish memorial against it, and arguments to prove that it is the interest of England to join with the Scots and protect it : to which is added a description of the countrey, and a particular account of the Scots colony. Philo-Caledon. 1699 Approx. 135 KB of XML-encoded text transcribed from 33 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-09 (EEBO-TCP Phase 1). A40373 Wing F2047 ESTC R18505 12112069 ocm 12112069 54217 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40373) Transcribed from: (Early English Books Online ; image set 54217) Images scanned from microfilm: (Early English books, 1641-1700 ; 68:11) A defence of the Scots settlement at Darien with an answer to the Spanish memorial against it, and arguments to prove that it is the interest of England to join with the Scots and protect it : to which is added a description of the countrey, and a particular account of the Scots colony. Philo-Caledon. Ridpath, George, d. 1726. Fletcher, Andrew, 1655-1716. Foyer, Archibald. [4], 60 p. s.n.], [S.l. : 1699. Dedication signed: Philo Caledon. "According to a manuscript note in the librarian's copy for the Catalogue of the New College Library (Edin. 1868), the author is Archibald Foyer" -- Scott, J. Bibl. of ... the Darien Company, 1904, p. 22. Also attributed to George Ridpath and Andrew Fletcher. Cf. Sabin, Bibl. Amer.; Halkett & Laing, 2nd ed.; BM. Reproduction of original in Columbia University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Darien Scots' Colony, 1698-1700. Panama -- Colonization. Panama -- Discovery and exploration. Scotland -- History -- 1689-1745. Scotland -- Commercial policy. 2002-12 TCP Assigned for keying and markup 2003-02 Apex CoVantage Keyed and coded from ProQuest page images 2003-06 Judith Siefring Sampled and proofread 2003-06 Judith Siefring Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion A DEFENCE OF THE SCOTS Settlement at DARIEN . WITH An Answer to the Spanish MEMORIAL against it . AND ARGUMENTS to prove , That it is the Interest of ENGLAND to join with the SCOTS , and protect it . To which is added A DESCRIPTION of the Countrey , and a particular Account of the SCOTS Colony . Printed in the Year , M. DC . XC . IX . TO THE KING'S Most Excellent Majesty . SIR , THE Interest you have in the flourishing of Your Antient Kingdom of Scotland , whose Crown is transmitted to You by an Hundred and eleven of your Ancestors , without ever having been on the Head of a Forraigner , emboldens the Author to lay the following Sheets at your Majesties Feet . The design of them is to vindicate the Settlement of the Scots in Darien , and Your Majesties Justice in protecting them , against the Oblique Aspersions which are cast upon it in the Spanish Memorial . The Soveraignty of the Crown of Scotland hath alwise been held Sacred by our Ancestors , who never were sparing of their Blood to defend it either from the Invasion of Foreigners , or the mean Compliance of some few of our Princes that were unworthie to wear it ; and therefore were either totally excluded from it , as the Family of Baliol , or oblig'd to reassert its Right when rescu'd out of the Hands of their Enemies , as happen'd to our William I. and James I. Providence having now plac'd it on the Head of Your Majesty , whose Heroic Courage is known to all the World , our Nation should be unjust to Your Character to expect any thing less than that our Crown , which You receiv'd free and independent from Your Ancestors , should be transmitted by You with greater Advantages than ever to Your Successors . Therefore it is , Great Sir , that a privat Subject of your Antient Kingdom takes the holdness to vindicate the Soveraignty and Dignity of Your Crown as Kings of Scots , and to put such as are Enemies to it in mind , that when Edward I , and II. of England invaded it , the Scotish Nation did gallantly defend it , advanced Robert Bruce to the Exclusion of Baliol the nearest Heir , and acquainted the Princes of Christendom that they did so in defence of their Independency ; adding that they would expel Robert Bruce , if he offered to betray their Liberty , and would never subject their Crown to that of England , whilst there were 100 Scots men alive . This being the fundamental Constitution of our Government , and the Condition on which that Prince and his Successors were admitted to Our Crown ; they can in no wise be look'd upon as Friends to your Majesties Dignitie as King of Scots , who call in question what You enact in the Parliament of that Kingdom , or that offer to traverse it by contrary Proclamations . We are Your Majesties Subjects as well as our Neighbours , and have an equal Right to share your Protection , which its hop'd they will at last be convinc'd it is their Interest to agree to in relation to our American Settlement . Your Majesty's Paternal Affection to the Kingdom of Scorland , hath discover'd it self in many Instances : nor is it to be desired or expected by our Nation , that it should any way interfere with the like Care and Affection , which is owing to our Brethren of England ; but there is no reason that they should enjoy a Freedom of Trade throughout the World , and that we should be denied it . ●…our Majesty in yo●…r Gracious Proposals os an Union , gave sufficient Evidence of a Fatherly Concern for both Nations . Thereforo as it hath pleased GOD to make You the Glorious Instrument of our Common Deliverance ▪ that He would also make you the happy Instrument of our Inseparable Union , and after a long Reign here , Crown You with Everlasting Glory hereafter , is the sincere and ardent Prayer of Your Majesty's Loyal and Affectionate Subject , Philo Caledon . A DEFENCE of the Settlement of the SCOTS on the Isthmus of DARIEN in America With Arguments to prove , That it is the Interest of England to join with them , and to protect them in that Colony . THE Heads propos'd to be insisted upon in the following Sheers , ar●… , The Legality of the SCOTS Establishment , The Advantage or Disadvantage that may redound from it to England : Whether the Scots without the Assistance of the English may be able to maintain their footing in America ; and what , may probably be the Consequences , if the Scots should be oppos'd therein by the English , and miscarry in the Undertaking . The chief Objections against the Legality of their Establishment , ari●…e from the Memorial delivered in against it to the King , by the Ambassad or Extraordinary of Spain , May 3 , 1699. O , S , as follows : THE Under-Subscriber , Ambassador Extraordinary from his Catholick Majestie , finds himself oblig'd by express Orders , to represent to your Majesty , that the King his Master having receiv'd Information from different places , and last of all from the Governor of Havana , of the In●…ult and Attempt of some Scots Ships , equip'd with Men and other things requisit , who design to settle themselves in his Majestres Soveraign Demains in America , and particularly the Province of Darien . His Majesty receiv'd those Advices with very much difcontent , and looks upon the same as a Token of small Friendship , and as a Rupture of the Alliance betwixt the two Crowns ( which his Majesty hath observed hitherto , and alwayes observes very religiously , and from which so many Advantages and profits hath resulted both to your Majesty and you●… Subjects ) as a Consequence of which good Correspondence , his Majestie did not expect such sudden Insults and Attempts by your Majesties Subjects , and that too in a time of Peace , without pretext ( or any Cause ) in the very heart o●… his Demains . All that the King desires , is , That this may be represented to your Majesty , and that your Majesty may be acquainted , that he is very sensible of such Hostilities and unjust Procedures , against which his Majesty will take such Measures as he thinks convenient . Given at London , May ●… . 1699. It were easie to make proper Remarks upon the Weakness , Insolence and ingratitude of this Memorial , but it is not worth while ; all the World knows what the Crown of Spain ows to his Majesty of Great Britain ; and therefore a more civil Application might reasonably have been expected to a Prince , who hath not only saved the Netherlands , but prevented his Catholick Majesty from being insulted on his Throne at Madrid . But these things we pass over , and come to the chief point in the Memorial , which is , That the Scots have posted themselves in the King of Spain ' s Demains in America , contrary to the Allyance betwixt the two Crowns . If this be proved to be ●…alse , then the cause of the Complaint ceases , and his Majesty of Great Britain hath reason to demand Satisfaction for the Affront offered thereby to his Justice and Soveraignty . To prove the falshood of the Allegation , That the Province of Darien is part of the King of Spains Demains : It is positively denied by the SCOTS , who challenge the Spaniards to prove their Right to the said Province , either by Inheritance , M●…rriage , Donation , Purchase , Reversion , Surrender or Conquest ; which being the only Titles by which they or any other People can claim a Right to those or any other Dominions , if the Spaniards cannot make out their Right by those of any of those , their Claim must of consequence be null and void . It is evident that the Spaniards cannot pretend a Tittle to that Countrey by Inheritance , Marti●… , or the Donation of Prince and People ; and as to Conquest it would be ridiculous to alleadge it ; since the Dariens are in actual possession of their Liberty , and were never subdued , nor receiv'd ●…ny Spanish Governor or Garison amongst them . Nay , they were so far from it , that Wafer , Dampier , and others that have wrote of that Countrey , do all agree that they mortally hate the Spaniards , were in War with them , and that the Spaniards had no Commerce with those Indians , nor command over them in all the North side of the Isthmus a little beyond Porto Bello . * Capt. Sharp in the Journal of his Expedition , published in Cap●… Hacke's Collection of Voyages , gives an account , that in 1680 he landed at Golden Island with 330 Men , and being joyn'd by one of the Darien Princes , whom they call'd Emperor , and another to whom they gave the Tittle of King Golden ▪ Cap , with some hundreds of their Men , took Sancta Maria , attempted Panama , and made prize of several Spanish Ships ; which is the more remarkable , because Capt. Sharp was afterwards tryed in England for Robbery and piracy on this very Account , but acquitted because of his Commission from those Darien Princes : which is a plain Demonstration that the Government of England did then look upon Darein to be no way subject to Spain , whateve●… some who are Enemies to the SCOTS , do now say against the Legality of their Settlement in that Country . This same Expedition against the Spaniards by assistance of the Darien Indians is confirm'd by Mr. Dampier in his Introduction to his New Voyage round the World. And the ●…p of Chiapa a Prelate of their own , in his Relation of the Spanish Voyages an●… Cruelties in the West-Indies . p 217. owns that the Spaniards had no Title to the Americans , as their Subjects , by right of Inheritance , Purchase , o●… Conquest . We have likewise a large Account , and a full Confirmation of the War and perpetual Enmity betwixt the Dariens and the Spaniards in the History of the Buccaneers of America , Vol. 2. Part 4. wrote by Basil Ringrose , who was one of their Company . There he in●…orms us that the Indians of Darien , and the Spaniards are commonly at War with one another ; and that the Buccaneers were invited into that Countrey , and join'd by the Darien Princes , Capt. Andrea●… , Captain Antonio , and the King of Darien , who assisted th●…m in the taking of Sancta Maria , au●… their Attempt upon ●…anama ; and the King whose Daughter the Spaniards had stole away , promised to join the Buccaneers with 50000 Men. This is the more remarkable , because those very Princes , or their Successors are now in League with the Scots , and have joyfully receiv'd them into their Countrey . So that it is the strangest Imposition that can be put upon any Nation , and one of the most audacious affronts that ever was put upon so Great a Prince as K William , for the Spaniards to pretend a Right to Darien , and accuse him of a B●…each of the Peace , because a Colony of his Subjects have settled themselves there ; when it is so well known to the World that the Crown of Spain has no manner of Title to that Province . Then as to any Claim by virtue of Possession , the Spaniards have no●… the least gr●…und of Plea : All they can alledge on this head is , that they were once admitted by the consent of Capt. Diego , another of the Darien Princes , to work on some Golden Mines , within 15 Leagues , or thereabouts , of the SCOTS Settlement : But it is plain that this makes nothing for their purpose . That Prince admitted them only as Labourers , but not as Proprietors ; and when they broke the Con●…itions on which they were admitted , viz : to allow the Dariens such and such Shares of the Product , they were expell'd again by forc●… ; and ever since that time the Dariens refuse to have any further dealings with the Spaniards , who made themselves odious to them by their Treachery and Insolence : So that Mr. Wafer tells us pag. 133. they allow a distinguishing Mark of Honour to him who has kill'd ●… Spaniard : and pag. 179. that Lacenta one of the chief of the Darien Princes , did in his converse with him , express his Sense and Resentment of the havock made by the Spaniards in the West of America , at their first coming thither . It remains then that the Spaniards can lay no other claim to Darien but what they plead from the Pope's general Grant of America , its being bounded by their Dominions , and the Treaties with England . which shall be considered in their Order . To urge the Pope's Grant amongst Protestants is ridicolous , and amongst Papists themselves but precarious : but adm●…tting it were sufficient to justifie their Title , it is easie to prove that the Spaniards have forf●…ited all the Right that they can claim by virtue of that Grant. The Church o●… Rome will not publickly own her power to grant a Right of Conquest , but in order to propagate the Faith , and not that neither , except the Infidel Prince or People be guilty of a breach of Treaty . So that the Pope's Grant with these Restrictions is so far from establishing the Title of the Spaniards , that it plainly overth●…ows it . That the Indians were committed to the Spaniards by Pope Alexander the VI. on condition that they should teach them the Christian Religion , is proved by Don Bartholomew de las Casas Bishop of Chi●…pa , iu his Account of the first Voyages and Discoveries made by the Spaniards in America , and the Relation of their unparallel a Cruelties , p. 165. and there he likewise owns , that their acquitting themselves so ill of that Commission , they ought to make Restitution of all they have taken from them under this pret●…xt . And pag. 200 , he charges them with breach of the Terms prescrib'd by the Apostolical Brief , tho Queen Isabella ▪ to whom it was granted earnestly entreated them to keep exactly to it . P. 218. he says that the Title of the King of Spain to the Indians ▪ is ●…ounded only on the Obligation he h●…d taken upo●… himsel●… to instruct them in the true Faith , as appears by the Apostolick B●…ief : which they w●…re so far from performing , that instead of converting their Sou●…s , they destroyed their Bodies , having in those early dayes , viz : In the time o●… the Emperor Cha●…les V. mu●…dered above 40 Millions of them ; and ●…ook so little care to 〈◊〉 them in the Christian Religion , that they perfectly obst●…ucted their Conversion , and sold those very Idol●… that some of the poor people had 〈◊〉 away with abhorrence , to o●…her of the Indians ; ibid ▪ p ▪ 194. which , together with ●…heir 〈◊〉 horrid 〈◊〉 , c●…eated an aversion in ●…hose poor Infid●…ls fo●… Heaven it self ; according to the known Story of Hathwey an ●…ndian Prince , ibid. p. 21. wh●… being fast'ned to ▪ a S●…ake ▪ by the Spaniards in o●…der to be burnt , ●…or no other Crime but 〈◊〉 to defend himself and his ●…ubjects against their 〈◊〉 , ask't a Fria●… that was discoursing to ▪ him of Heaven , promising him Eternal Happines●… there ▪ if he would believe , and threatning him with Hell if he did not , whether Heaven was opened to the Spaniards ; answer'd that it was to such of t●…em as were good , replied immediatly that h●… would not go thither , fo●… fear of meeting such Cruel and wicked Company as they were , but would much ●…ather chuse to go to Hell , where he might be Deliver'd from the troublesome sight o●… such kind of People . So that their forfeiture of all Right or Title to Darien , by the Pope's G●…ant , if it were of any validity , is plainly demonstrated . Their next Plea is , that Darien is bounded or inclosed by their Dominions , Viz. by Portobello and Carthagena , with ●…heir Territories on the No●…th , and Panama and Sancta Maria on the South . To this it is Answered , that Darien is bounded only by ●…he Sea on both sides , without so much as a Spanish Fort or Garrison , from Nombre de Dios , to the Gulf of Darien on the North Sea , or ●…rom the River of Chepo , to the River of Cong●… on the South Sea. The Territories of the Spaniards confining on bo th end of the Isthmus are not unlimited , but are restricted on both sides by the Dariens , who , as has been already said , were never subject to Spain . Nor is it any new thing in the World , for independent Soveraignty s to ly inclos'd within the Dominions of other Princes , to instance in no more than Orange and Avignon in Europe , Ceuta , Metilla . &c. possessed by the Spaniards themselves in Africk , which lye in the very bosome of Morocco , and yet the Spaniards don't think their Title to them e're a whit the worse . The Dutch and Portugueze have both of them Settlements on the Coast of Brasil , to which the Spaniards pretend a Right . The French have settlements in Hispaniola and Guiana , notwithstanding the Neighbour-hood of the Spaniards . The English and French have both of 'em Plantations in Newfoundland . The Dutch in time of Peace settled in Long Island , in the middle of the English Plantations , yet no War ensued upon it . The English Plantations themselves of Bahama Islands , tho the Spanish Fleet passed betwixt them and Florida : And the English have several times settled at Port-Royal in Campechy Bay , to cut Loggwood , &c. and remov'd and settled as they found Convenient . K. Charles II ▪ in time of Peace granted a Patent to Mr. Cox , to settle a Colonie in the Bay of Mexico , which was never Question'd by the Spaniards : And the French have now since the Conclusion of the last Peace , planted a Colony on the River Mississipi in that same Bay ; against which we hear of no Complaints from Madrid ▪ So that the Plea of the Spaniards from this Topick is perfectly overturn'd by Common Practice , the Law of Nations , and their own Concessions in parallel Cases . The next Plea of the Spaniards is from the Treaties betwixt them and the Crown of Great Britain , of which they alledge the Settlement of the Scots at Darien to be a Breach , But that there 's no Ground for this Allegation . will appear to those that peruse the said . Treaties , viz. That of May 23 1667. and that of July 1670 , wherein there 's not the least Mention of Excluding either Party from enlarging their Dominions in Ameriea , upon Wastes , or by consent of the Natives , in such places as have never yet been possest by Spain or Great Britain . So that all that can be infe●…'d from those Treaties , is , that they were a mutu●…l security for the peaceable possession of what each Crown enjoy'd in that Countrey . and no more ; which is sufficiently confirm'd by the Patent granted to Dr. Cox , and the settling and removing of the English in Campechy Bay , &c. without Controul , as before mention'd . Having thus made it evident that the Spaniards have no manner of Title or Right to Darien , it is Natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done . By the third Article of the Treaty between the Crowns of Great Britain and Spain ▪ concluded at Madrid May 23. 1667. it is provided , That if any Injury shall be done by either of the said Kings , or by the People or Subjects of either of them , to the People or Subjects of the other , against the Articles of that Alliance , or against common Right , there shall not therefore be given Letters of Reprisal , Marque or Countermarque , by any of the Confederates , until such time as Justice is follow'd in the ordinary Course of Law. Yet the Spaniards without any such Procedure , or offering in the least to prove their Title to Darien , present a virulent and huffi●…g Memorial , at the very first charging the King with want of Friendship , and a Breach of Alliance , and threatning to take such measures as they shall think meet : when their sickly Monarchy has not yet had time to breath , since rescu'd from the common danger , wherein Europe was involv'd , by the Arms of that very Prince whom they treat so ungratefully . But this is not all ; for contrary to the express Words of that same Treaty , they attack the Scots by Sea and Land , who had done them no Injury , but acquainted them that they came peaceably , without any hostile design against them or any other People ; And were so generous as to reject the Motion of Capt. Andreas , one of the Darien Princes , and their Ally , when he offered to make them Masters of Panama , if they would but join him with 500 of their Men. The Spaniards have also , contrary to the 10th and 11th Articles of the Treaty concluded at Madrid . July 18 1670 , concerning America , detain'd the Scots and English Prisoners who were forc'd ashoar at Carthagena by Shipwrack , tho all such practices be expresly provided against by the said Articles ; and they have also violated the 14th Article of that Treaty , which forbids Reprisals , except in case of denying or unreasonably delaying Justice , From all which it is evident , that the King of Great Britain has just reason to demand Satisfaction of the Spaniards sor attacking his Subjects contrary to Treaty ; and that the SCOTS being thus injuriously treated , may very lawfully , not only make Reprisals upon the Spaniards for themselves , but join with the King of Darien in taking Sancta Maria , Panama , or any other place helonging to the Spaniards in that Countrey , of which the Dariens are Natural Lords , and the Spaniards Tyrannical Usurpers , as is pleaded by the King of Darien himself ; and therefore he invited the English Buccaneers to assist him to retake it : and by this Capt. Sawkins justified his proceedings in a Letter to the Governor of Panama , asserting that the King of Darien was true Lord of Panama , and all the Countrey thereabouts ; and that they came to assist him . History of Buccaneers , Vol. 2. part 4. p. 32. And we have mentioned before that Capt. Sharp , who was accused of Piracy , for that same Expedition , and succeeded Sawkins in his Command , was acquitted in England , because he had that Prince's Commission . Having fully prov'd that the Spaniards have no Title in Darien , it remains to be prov'd that the SCOTS have as good and just a Title to their Settlement there , as any People in the World can have ; which may easily be demonstrated thus : They were authorized by an Act of Parliament , and the Kings Letters Patent , to plant Colonies in Asia , Africa , or America , upon Places not inhabited , or any other Place by Consent of the Natives , not possest by any European Prince or State. Being provided with this Authority than which there cannot be a Greater , or one more duly and honestly limited , they equipp'd their Ships , and landed on the North side of the Isthmus of Darien in November 1698. where the Spaniards , as has been fully prov'd , never had any possession , and no other European Prince or State pretends any Claim to it . Being arriv'd there , they fairly obtained the Consent of the Princes and People of the Country , and particularly of Captain Andreas , who is the chief Man in that Tract ; And after a solemn Treaty and Alliance deliberatly made , and wrote in Spanish , because the said Prince understands that Language , they peaceably enter upon their new Colony , without either Force or Fraud . So that they have religiously kept to the Conditions of the Act and Patent , which is a plain demonstration hat they have a just and legal Title to their Settlement . and a Right to the Protection of the Government , against the Attempts of the Spaniards , or any other People whatsoever . The next Topick to be insisted upon . is the Advantage or Disadvantage that may redound to England from this Settlement . We shall begin with the Disadvantage which consists in the supposed Damage it may do to the Trade of England , and that it may , as is pretended , occasion a Rupture between them and Spain . To this we may easily reply , that being a distinct and independent Nation , we are not oblig'd to consult their Interest , any further than they consult ours ; and that we have as much Reason to maintain this Colony , because of the Advantage it may bring to our selves , as they have to oppose it , because of the Disadvantages that they fancy may arise from thence to England . But withal we deny that it can be any damage to their Trade , which from that part of the World consists chiefly in Sugar and Tobacco , neither of which are yet to be found in New Caledonia . But that which we look upon to be a compleat Answer to the Objection , is this , That they may be sharers with Us in the settlement if they please , and by consequence Partners in the Profits and Trade , and lay it under such Regulations as may prevent its endamaging the Commerce of England . And whereas it is further objected , That by the great Immunities and freedom granted to the SCOTS Company for so many Years , we shall be able to undersell the English Company forestal their Markets , and lessen his Majesties Customs ; we answer , that this Objection is in a great measure obv●…ated , since we do not now pretend to set up an East-India Trade ; but admitting it were true , it will be to the general Advan●…age of the English Nation , since the Buyers are always more than the Sellers . It must certainly be better for the Kingdom in general , that every one who has occasion for Musl●…n or Indian Silks , &c. should have so many shillings per Yard or peice in their Pockets , than that some two or three Merchants should once in an Age get Money enough to make a Daughter or two a Countess or Dutchess . No●… can it be denied but it's better for England , that Housekeepers in general should save that Money to buy Provisions for their Families , which consumes our own Product , than that a dozen of Merchants should be enabled by the extravagant prices of those commodities to keep their Coaches . Add to this , that the English if they please by joining with the SCOTS , may have an equal share of all those Immunities ; and if there should be for some time a lessening of the King's Customs , of which there is at present no manner of prospect , it will be sufficiently made up in time to come by a large Addition , if that Colony prospers ; so that the King's Bounty in that respect , is but like the bestowing of charge to improve barren or waste Ground , which will return with treble Interest to him or his Heirs . There 's another Objection made against the SCOTS Company , that by their Constitution , such Ships as belong to them must break Bu●…k ●…o 〈◊〉 but in Scotland , wh●…ch will diminish th●… number of English Ships and Se●…men , and make Scotland the only Free Port of all these Commodities . ●…o which it 's ●…eplyed , That tho ou●… own Ships are obliged to break Bulk no where but at home , they don't lay same Obligation upon others , but allowing them a free Trade to Darien , they may ca●…ry their Goods where they please ; or upon fair Proposals , there 's no doubt but the Parliament of Scotland will give ●…he English all possible Liberty as to that matter . Then as to the haza●…d of a Rupture with Spain , we reply , Tha●… the Spaniards are in no condition to break with England , when they are not able to maintain themselves against the Insu●…ts of the French by Sea and Land : and the only way to secure them in th●… British Interest , is to have a powerful Colony in Darien , which lying in the very Centre o●… their American Dominions , and within reach of their Silver and Gold Mines , will be an effectual Cu●…b upon them , and not only prevent their own Host●…lities , but their joining at any time with our Enemies ; or if they do , being Masters of their Money , we shall speedily cut ●…e sinews of their War. In the ●…ext place we u●…ge that it will be very much for the In●…rest and Advantage of England to incourage and support us in ●…his Settlement . 1. Because by this means the SCOTS will increase their shipping , and come in time to have a Naval Force , capable of assisting the English in the common Defence of the ●…sland , in maintaining the Soveraignty of the Seas , and convoying their Merchant Men in time of Wa●… ; the necessity of which is obvious enough , since they and the Du●…ch ▪ both have been scarce able to secure their T●…ade , maintain their Dominion in the Seas , and defend themselves from the Invasions of the French during the last War. Nor can the English always promise to themselves the Amity of the Dutch , who are their Rivals in Trade , and dif●…er far enough from them both in T●…mper and Interest , there 's no●…hing to cement them but the Life of our p●…esent Soveraign : Whereas the SCOTS being united with the English under the same Government , and inhabiting the same Island , must of 〈◊〉 have the same interest as to Trade , and to defend the Coun●…y against all Forraign Invad ers , as they constantly did in fo●…mer times , against Romans , Danes , Saxons , and Normans , 〈◊〉 th●…ir living then under a separat Prince , and their frequent Wars with England . No●… is that brave Resistance which a few of them made to the Dutch at Chattam to be forgotten , which did in a great measure repair the Honour of England , and make amends ●…or the Ignominy and disgrace which that Attempt put upon the English Nation ▪ 2. As Scotland increases in shipping , they will increase in Wealth and by consequence be able to bear a greater share of the Burden of any Foreign War , which will save Men and Money to England , and lighten their Taxes . 3. The Success of the SCO●…S in their Americ●…n Colony ▪ w●…ll be an additional strength to the English 〈◊〉 in the West-Indies , as well as an Advancement of their Trade , by consuming their product , and giving them theirs in Exchange . 4. The success of the Scots at Darien will be o●… great advantage to England ; for the more Mon●…y the Scots acquire by their Trade , the more they will spend in England , which being the Seat of the Government , must frequently be visited by their Nobility and Gentry , who generally furnish the●…seves in England with their best Apparel , Household - 〈◊〉 , Coaches and Horses &c. besides the Money that the young Noblemen and Gentlemen spend in their passage through that Nation , when they go & come from their Travels . These things occasion their laying out vast Summs of Money annually in the City of Lon●…n , ●…hich being the Seat of the Government , will as certainly draw Money from Scotland , as the Sun draws Vapours after it . 5. The success of the Scots in their Forreign Pla●…tation will not only ease England of a great number of their P●…dlars , so frequently 〈◊〉 of in 〈◊〉 , by Country Corporations and 〈◊〉 , but it will occasion the return home , and prevent the going o●…t of v●…st numbers of their Youth , who follow the 〈◊〉 sort of 〈◊〉 , or betake themselves to the Sword in Denmark , 〈◊〉 , 〈◊〉 ▪ M●…ovy ▪ Germany , Holland , and 〈◊〉 ; By wh●…ch me●…ns the Government of Great Brit●…in , may fu●…nish t●…ir F●…ts and Armies at a much Cheaper and easier Rate than fo●…merly , and w●…th as good Mariners and Souldiers as any in the Worl●… . 6. The E●…glish by joining with the Scots , and supporting their Colony at D●…rien , may have their Plate brought home in their own Bottoms , and from their own Mines , with which we are assured that Country abounds , without being obliged to touch at Cadiz , or any 〈◊〉 Port , being lyable to the Vexatious Indu●…os of Forreign Princes , or in such hazard of being Intercepted ▪ as they many times were du●…ing the late War. 7. The English may by joining with the Scots , render themselves more Capable than ever of keeping the Ballance of Europe in their H●…nds ; a Trust which Nature and Providence seems to have assign'd them , since their Situation and Naval Force , not only mak●…s it propper for them , but they have had an opportunity put into their han●…s in l●…ttle above the Revolution of ●…ne Century , of twice breaki●…g the Chaines of Europe , when threatned with Slavery ; first by the Spaniards , and then by the French. This is so much the more evident , that by being possess'd of Darien , they will be able either to prevent the uniting the Spani●…h and French Monarchies ; or if not so , to render that Union so much the less dangerous , when it will be in their power to s●…ize their 〈◊〉 a●… Dominions in the Indies , without which that bulky Mona●…chy , must fall by his own weight . This is likewise of so m●…ch the greater importance , that it may very probably ▪ ether 〈◊〉 a Religious War , ●…owards which the Papists discover so mu●…h 〈◊〉 , or at least bring it to a 〈◊〉 Conclusion : For we have as good Reason to look upon the Spanish Mines in the West-Indies to be Antichrist's Pouch , by which he maintaines his War against the Church , as the old Taborites had to call the Silver Mines in Bohemia by that Name . It is ce●…tainly the surest Method of destroying Antichrist , to seize his Purse ; for if he once be depriv'd of Judas's Bag , he will quickly drop St. Peter's Key●… . It 's by the Charms of her Gold , that the Babylonish Whore hath made the whole World to wonder after her , and the Kings of the Earth to be Drunk with the Cup of her Fornication . 8. By this means the English may be better able to prevent the ruin of their Trade in the Mediterranean and West-Indies , if the French should possess themselves of the Kingdim of Spain : and they will likewise be the better able to prevent their possessing themselves of the Netherlands ; which if once they should do , and get Ports there capable of holding a Fleet , they would also ruin thier E●…stland Trade , and put a period to the Liberties of Great Britain . 9. It will effectually unite the Scots to England by an inseparable Tie , if the English join us in this Undertaking : Their Ancestors would have gladly purchased this Union at a much dearer rate , but were al●…ise out bid by France : and the want of which Union made the English not only an easie prey to their successive Conquerors , but lost them all the large Provinces that they enjoy'd beyond sea , which were their natural Barriers ▪ gave them a free Access to the Continent , and made the English Name so glorious in the days of their Ancestors . 10. It will be of general advant●…ge to the Protesta●…t Interest , and contribute to the advancement of pure Christianity , without any of the Romish sophistications : which certainly ought to weigh much with all true Protestants ; and so much the more , that the Pope and the Conclave of Rome have espoused the Quarrel of the Spaniards in this Affair as a Cause of Religion . Doubtless the poor Americans will be more i●… clinable to embrace Christianity , when they find the difference of the Morals and Doctrine betwixt Protestants and Papists , and see ●…t the former treat tbem with Humanity , and seek their Welfare both in Body and Soul ; whereas the Spaniards have render'd 〈◊〉 , and the Religion ●…hey profess ▪ odious , by the inhuman Cruelties and brutish Lusts , wbich they have exercised up●…n so many Millions of the Natives . This is so far from being a Calumny , that an unexceptionable Author of their own , Don B●…tholomew de las casas Bishop of Chiapa , f●…rmerly mentioned , who was an Eye witness of their Cruelties , gives an account that they had in his time destroyed above 40 Millions of the poor Indians ; tho they receiv'd them with the greatest kindness imaginable , were ready to do 'em all the Friendly Offices that one man could desire of ano●…her , and testified their great Inclination to have embrac'd the Christian Religion . But the Spaniards aim'd at the destruction , and not at the Conversion of the In●…ians ; and are avowedly charged with it by the said Bishop , who in many places of his Book decl●…res , that ●…fter they had sent for the Chiefs of the Countries to meet them in an amicable manner , which the poor ●…armless Creatures did without suspicion of any ●…d , these merciless 〈◊〉 murdered them wholesale , on purpose to make themselves terrib●…e to them . This was a Practice so inconsistent with Humanity , that all the People of the World ought to have re●…ente ●… it ; as having m●…h more reason to declare the Spania●…ds to be Enemies to Mankind , than ever the Roman Senate had to declare Nero to be such . But this sort of Treatment , compar'd with what they made others to suffer , may well be call'd Mercy : for tho it was d●…ath , the Indians were hereby quickly deliver'd from their Misery ; whereas they put mul●…itude of others to li●…ing deaths , that they might ●…eel themselves die gradu●…lly ; and yet this is not so intol●…ble neith●… as to the condi●…ion of those poor people , tha●… had the misfortune to survive that Cruelty ; for the whole time of th●… Lives under that miserable Servitude , i●… but Death prolonged , or making his attacks upon 'em by intolerable Labor , and continual hunger , the most insupportable o●… all plagues ; these poor Creatures that ●…oil in the Mines , and are imploy'd in Pearl fishing ▪ &c. having no more Sustenance allowed them , and that 〈◊〉 of the 〈◊〉 so●…t , th●…n is just enough to keep the Soul and Body together , in order to prolong their Misery . Then let any M●…n , who has bu●… the least remains of Humani●…y left him , judge whether the Sco●…s could be criminal , if ●…hey should have actu●…lly l●…nded upon a Spanish Settl●…ment , ●…nd have seiz'd the same , ●…n o●…der to deli●… their Brethren the Sons of Adam ▪ f●…om such hellish Se●…vitude ●…nd Oppression ●…s the above me●…tion'd B●…shop describes ; and i●… any man tha●… has any Bowels of Compassio●… within him can s●…y th●…y could , what shadow of Reason is there to b●…ame t●…e Scots fo●…●…recting a Colony where the Spaniards neve●… had any footing ? The ne●…t thing to be consider'd is , whether the Scots without the assistance of England , may probably maintain their footing ●…here ▪ which th●…re's no doubt may very well be d●…termin'd in the affi●…mative ▪ 1. Becaus●… the whole Kingdom of Scotland being mor●… zealous for it , and 〈◊〉 in it , than they have been in any other 〈◊〉 for fourty or fifty ye●…rs past , it is not to be doubted , but t●…ey will use their utmost Efforts to support themselves in it by their own strength ; or if that will not do , by making Alliances with other Nati●…ns that are able to assist ●…hem with a Naval force . 2. If they me●…t with no other Opposition but what the Spaniards are abl●… to make t●… them , it will be ●…asie for the N●…bility , and Gent●…y , and Roy●…l Burroughs of Scotland ▪ to raise Money upo●… their Lands , &c. to increase their Stock for the American Tr●…de , and buy Ships of fo●…ce to protect it ; Nay , without that it 's but giving Commis●…ion to the Buccaneers ●…o ▪ become an Over-match for the Spaniards ▪ 3. Supposing the Frenc●… should offer to join with the Spaniards , a●…d assist them to drive the Scots from Dar●…n , a some ●…ay they have already proffered ; we are no●… to imagine that the Spaniàrds will accept their Proff●…rs in this case , when they 〈◊〉 ●…ed them as to ●…he d●…ving the M●…rs from before Ceuta . The Re●…sons are obvious : They declin'd the accepting their Proff●…rs as to Ceuta ▪ because they would not thereby give the French an opportunity of possessing themselves of any of their Towns in Africa , as it is but too common for Forreign Auxiliarys to do in such cases . Then ce●…tainly they have much greater Reason to refuse their Proffers as to Darien , America being of infinitly mo●… 〈◊〉 to them than some African Towns : and if once the French should get ●…ooting there , it would be in vain for the Spanish G●…andees any further to dispute t●…e succession of France to t●…eir Crown ; for they wo●…ld immediatly seize upon their Mines an●… Treasures in the WestInd●…es , without which the Spanish Monarchy is not able to support it self . O●… supposing that the King of Spain should live for many years , and by consequen●…e keep the French out of possession ; ye●… having once got footing at Darien , which they will certainly do , i●… the Scots be expell'd by their assistance , the Spaniards will quickly be convinc'd to their cost , that they ar●… more d●…ngerous 〈◊〉 th●…n th●… Scots ; not only because of their g●…ater power to do them mo●…e mischief , but because o●… their 〈◊〉 Temper , which all Europe is sensible of ; and being of the sam●… R●…ligion with the Spaniards ▪ and havi●…g of late years set up for the Champions of Popery , they will by the Influence of the Cl●…rgy , bring all the Spanish settlements in America to a depen●…ence upon them , and a love for them as the great Protectors of the Catholick Faith ; which will at once destroy the Interest of Spain in America . This will appear to be no vain speculation , to ●…hose ●…hat consider the Tempe●… of the Popish Clergy , and the In●…olence of the Spanish Inquisitors , who so da●…ingly reflected upon the late Allyance of Spain with P●…otestant Princes and States , tho absolutly necessa●…y to preserve that Nation srom being swallowed up by France . Whereas the Scots being zealous Protestants , and for that very Reason hateful to the Popish Clergy and L●…ity , they are under a moral Impossibility of having so much Influence to withdraw the American settlements from the Obedience of Spain : and be●…es , being under an Obligation by the Principles of their Religion , and their fundamental Constitution , not to invade the Property of an other , the Spaniards have no Cause to tear any thing from them ▪ provided they forbear Hostilities on their part ; but on the contrary may find them true and faithful Allies ; and useful to assist them in the defence of their Countrey . if attack'd by the French as in the late War : it being the interest of the Scots , as well as of the Spaniards , to prevent the accession of the Crown of Spain to that of France . These things , together with the known Endeavours of the French to pro●…uce an Interest amongst the Natives of that Country , and especially with Don Pedro and Corbet . in order to a Settlement , make it evident enough that it is the Interest of Spain the Scots should rather have it than the French , who have already been tampering with the Spaniards , as well as with the Indians , and doubt not to have a large share of America when ever the King of Spain dies . But admitting that the Spaniards should so far mistake their Interest , as to accept of the Proffers of the French to expell the Scots , it is not impossible for the latter to find other Allies than the English to assist them with a naval Force to maintain their Possession . The Dutch are known to be a People that seldom or never mistake their Interest : They are sensible how useful the Alliance of Scotland may be to them , both in regard of their Liberty to fish in our Seas without controul , and of being a Curb upon England , in case the old Roman Maxim of delenda est Carthago , should come any more to be applied by the English to that Republick , as in the Reign of K. Charles II. They are likewise sensible of the Advantage it would be to their trade to be partners with the Scots at Darien ; and how effectual it may be to disable the Fre●…ch to p●…sue thei●… Cl●…im to Sp●…in , ●…nd by 〈◊〉 to 〈◊〉 t●…e old Title of th●…t ●…own upon their own Seven , as well as to swallow up th●… other t●…n Provinces . Th●…se things , together w●…●… lon●… con●…inu'd Amity and Trade be●…xt Scotl●…nd and Holland and their Union in Religion and Ecclesiastical Disciplin●… are sufficient to evince that th●… Dutch would become ou●… 〈◊〉 in America with little 〈◊〉 . Th●…t they ●…re able to as●… us in that Case with a 〈◊〉 Force suffici●… ▪ is be●…ond contradiction ; and that they would soon be convinc'd it is th●… 〈◊〉 to do it , to prevent that mo●…strous I●…crease of the Fren●… M●…chy , is obvious enough from the part they acted in the l●… W●… . But admitting th●…t none of those 〈◊〉 should pre●…il with the Dutch , a●…d that they should likewis●… abandon us ; it is not impo●…ble for us to obtain a●… Alliance a●…d Naval Force 〈◊〉 t●…e Norther●… Cro●…ns : It 's well en●…gh k●… t●…at 〈◊〉 〈◊〉 abound ●…ith Me●… and Shippi●…g , and that they 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a●… their hearts to m●…ke an Exchange of 〈◊〉 for the Gold 〈◊〉 Silver of America , which they might ea●…ily carry from To●… to To●… , 〈◊〉 from Market to Market . 〈◊〉 the trouble of a W●…l-barr●… , as they are now obliged to do ●…ith their ●…per . Fr●… all ●…ich it is evident 〈◊〉 that it is not imp●…ble ●…or 〈◊〉 〈◊〉 〈◊〉 maintain themselves i●… Darien wi●…out the A●…ance of England . The next thing to be discours'd of is , what the 〈◊〉 may probably be , if the E●…glish should oppose us in this Settlement . We could h●…ily wish the●…●…d ●…ever been any ground for this suggestion , and that the Opposition we have met with from England had been les●… National ●…han that which we h●…d from both their Hous●…s of Parliament , af●… the p●…ssing an Act ▪ for an African Company , &c. in ou●…s ▪ a●… it 〈◊〉 to be wish ▪ d 〈◊〉 so many of the English had not given us such proofs of an alienated mind and 〈◊〉 to our Welfare , as they h●…ve don●… sinc●… by their Resident at Hamborough , and thei●… late Proclamations in their West ▪ India Plantations ; and we could have wish'd above all that his Majesty of England had not in the least concu●…'d , or given his Countenance to that Opposition ; for as King of Scots it is ●…ain he could not do it : he ha h confirm ▪ d what we have done by the Touch of his Scepter , which no private Order or 〈◊〉 can revoke . And we could wish that his English Counsellors , who put ●…m upon those things , would remember that Strafford and Laud lost their ●…eads , ●…or giving K Charles the First , that fatal Advice in oppressing and opposing the Scots . We di●… verily think that the suffering of our Crown to be uni●…ed with that of England , in the person of K James their first , and our Sixth ; our seasonable coming to the rescue of ●…heir expi●…ing Libe●…es in the Reign of K. Charles I. our being so instrumental to rescue them from Anarchy and Confusion ▪ by the Restoration o●… K. Charles II. and above all , our Generous and Frank Concurrence with them in the late happy Revolu●…ion , and Advancement of K. William III. We did verily think that all these things deserv'd a better Treatment ; and to evince that they did , we shall begg leave to ●…nsist a little upon the first and last . The English have no cause to think that we were ignorant of the Reason why their Politick Henry VII . Chose rather to match his Eldest Daughter with the King of Scots , than with the King of France , because he foresaw , that if the King of Scots should by that means come to the Crown of England , he would remove the Seat of his Government thither , which would add to the Grandeur and Riches of England : Whereas if the King of France did by that means fall Heir to the English Crown , he would certa●…nly draw the C●…t of England to Paris . ●…his the Scots were so 〈◊〉 from being ignorant of , that many of the Nobility and Gen●…ry did express their disl●…ke of the Union of the Crowns , as well knowing that it would reduce our Kingdom into a Subjection and Dependance upon England , and drain us of what Substance we had ; and theresore some of them express'd themselves on that occasion , that Scotland was never Conquer'd till then : Yet such was our Zeal for the common Wellfare of the Island , the Interest of the Protestant Religion , and of Europe in general , which were then almost in as much danger by Spain , as they have been since by France , that we quietly and freely parted with our King , and suffer'd him to accept the English Crown , rather than the Nation should be involv'd in War and Confusion , and the Protestant Religion indanger'd by another Successor , as it must necessarily have been , had the Infanta of Spain , whose Title . was then promoted by the Popish Interest , Succeeded . And all the reward we had for this Condescension and Kindness , was a contemptuous and disdainful refusal , on the part of England , of an Union of the N●…tions when proposed , tho the same would visibly have tended to the Benefit of the whole Island , the general advantage o●… Europe , and the security and increase of the Protestant Interest . And our King was so little thankful on his part , that tho he promis'd solemnly in the Great Church of Edinburgh before his departure , that he would visit his Antient Kingdom , once in three years , he never saw it after but once , and that not till 14 years after . And by the influence of that same Faction in England , who are still our Enemies , he made Innovations both in Church and State , contrary to the Laws of the Land , and his own solemn Oath ; which laid the foundation of all those Disasters that ended in the fa●…al Exit of his Son , and the subversion of the Government of both Nations . These were the first Advantages we had by the Union of the Crowns . His Son King Charles I , had scarce ascended the Throne , when we had new Proofs of the Disadvantages we labour'd under by that Union ; For he by the Advice of some Enemies to our Nation , did in an Imperious and Arbitrary manner , send for our Crown , tho the only Monument almost left us of our Independency and Freedom ; but was generously answer'd by him that had it in keeping , That if he would come and be Crown'd in Scotland , he should have all the Honour done him , that ever was to his Ancestors ; but if he d●…d not think it worth his while , they might perhaps be inclin'd to make cho●…e of another Soveraign , or to that effect ; as record●…d in the Con●…uation of S●…r Richard Baker's History . Another 〈◊〉 we had by that Union of the Crown , was this , That that unfortunate Prince being inspir'd with an Aversion to the Constitution of our Country , by his Education in the Court of England , he made an unnatural War upon us , to bring us to a Conformity with England in Church-Matters . We shall not here offer to debate , which of the Churches was best const●…uted , or most agreeable to the Scripture-Pattern : It suffices for our Argument , that we were injur'd in having a Forreign Model offered to be obtruded upon us , which was ●…he Cons●…quence of the Union of the Crowns , and of having our King e●…ucated in another N●…tion ; but that was not all , another mischievous effect of the Union was this , that whatever K. Charles had deserv'd at our hands . ●…et out of natural Af●…ection , Conscience and Honour . we were oblig'd to do what we could to prevent his illegal Trial and Death , and to defend his Sons Title , which threw us into Convulsions at home occasion'd us the loss of several Armies , and expos●…d our Nation afterwards to Ruine and Deva●…tation by our implacable Enemy the Usurper , which together with the Ungrateful Retributions made us by the Government after the Restoration , were enough to have wearied any Nation under Heav●…n , but our selves , of the Union of the Crowns . Yet such was our Z●…al for the Protestant Intrest , the Welfare of the Isl●…nd , and the Liberty of Europe , that tho we had a 〈◊〉 oppor●…ity of providing otherwise for our 〈◊〉 and the Advancement of ou●… Trade , and of forming our selves into a Common wealth , or or bringing England to our own terms , yet we frankly and generously concurr'd with them to settl●… our G●…vernment on the same Persons , and in the same manner as they did theirs , and all the Reward we had from them is , that an Union of the Nations , tho twice propos'd by his Majesty in Parliament , hath been 〈◊〉 rejected , our King questioned by Parliament of England ●…or an Act of his Parliament in Scotland , which is a manifest Impeachment of our Soveraignty ; a Compliance with which excluded Baliol and his Heirs for ever from our Crown ▪ and to this they have added an opposition to our receiving foreign Subscriptions at Hamburgh and elsewhere , refus'd us a Supply of Corn for our Money ▪ to relieve us in our Distress ; and discourag'd our Settlement a●… Darien , by forbidding their Subjects to Trade with us there . If these continued Slights and Injuries be not enough to make us weary of the Union of the Crowns , let any Man judge . To discover a little of the unreasonableness of this sort of Treatment , we dare appeal to the calm thoughts of such of our Neighbours in England , as prefer the Interest of the Publick to private Animosities , and foolish ill-grounded Piques , either as to Church or State ; whether at the time of the Revolution , and before we declar'd our selves , they would not have been willing to have assur'd themselves of our Friendship , at the rare of uniting with us as one Nation ? Had we but demurr'd upon for●…eiting the late K. James , or made but a Proffer of renewing our antient League with France , and joining with that Crown to keep that Prince upon rhe Throne of Great-Britain ; they know we might have made what Terms we pleas'd with the late King & Louis XIV . on that condition , and might have been restor'd to all the Honours and Privileges that our Ancestors enjoy'd in France , which were almost equal to those of the N●…tives ; and yet that gallant Nation thought it no disparagement to them , however we be despis'd and u●…dervalued now by a certain Party in England . Had we but seem'd to have made such Overtures , the English must needs have foreseen that the natural Consequences of such a design , i●… it had taken effect , must have been these , viz the late King's Adherents in England would certainly have join'd us and our Nation would have afforded them a safe retreat , in case of any Disaster , till they could have concerted Matters to the best advantage ; the late King would not have yielded himself such an easy Conquest , nor disbanded his Army in such a manner as he did ; Ireland had certainly never revolted , since every one knows that the Revolution was begun , and in a great measure perfected there by the Scots of the North ; so that England must have become the Theatre of War , been lyable to an Invasion ●…rom France on all occasions , would only have strengthned her Fetters by struggling with them , and expos'd all the Patriots of her Religion and Liberty to Butchery and Destruction . These must certainly have been the Consequences os our adhering to the late King , and the English would have thought they had had a very good Bargain if they could have bought us off in that Case with uniting both the Kingdoms into one , and granting us a joint Trade to their own Plantations ; whereas now they will not allow us to settle a Forreign Colony of our own , and treat us as Forreigners in theirs . To shew that this is not a mere Conjecture , that has no other ground but a Vision of the Brain , they may be pleased to consider the honourable Privileges granted US by their Ancestors , and some of the greatest Princes that ever swayed their Scepter , viz ; King Edward and William the Conqueror , who by the Consent of the States in Parliament assembled , enacted , That the Scots should be accounted Deniz●…ns of England , and enjoy the same privileges with themselves , because of their frequent Intermarriages with the English , and that they did ever stand stoutly as one Man with them , for the common Utility of the Crown and Kingdom , against the Danes and Norwegians , fought it most valiantly and unanimously against the common Enemy , and bore the burden of most fierce Wars in the Kingdom . This they will sind in a Book call'd Archaionomia , translated from the Saxon by William Lambard , and printed at London by Jo●…n Day in 1568. It must be granted , that the Reasons of such a grateful Retribution are redoubled now : Intermarriages betwixt the two Nations are more frequent than ever ; the Union of the Kingdoms under one Crown for almost 100 years ; the generous Concurrence of the Scots in the last Revolution ; their loss of so many gallant Officers and brave Soldiers in the common Cause during the late War , and the preservation of Ireland , which hath been twice owing to ou●… Countreymen , might reasonably entitle us to the same Priviledges now , that our Ancestors were formerly allow'd by K. Edward , and William the Conqueror . We need not insist on another sort of Obligati●…n , that we have put upon England , twice within this 60 years , viz : the delivering them from their Oppressions in the time of K. Charles I. the Anarchy of the Rump , and several Models of Armies and Juntos . by encouraging General Monk ' s Undertaking ; for it cannot be denied that we had the Ballance of Europe in our hands , at the time of the last Revolution , and that we turned the Scale to the advantage of England in particular , and of Europe in general , which must be allowed to be as great a Service , as that which was so thankfully rewarded by Edward , and William the Conquero ; whence it is evident that those Englishmen ; who at present oppose our Settlement in America , don't inherit the gratitude of their Ancestors , when they not only will not allow us to trade in Conjunction with them , but withstand our doing any thing that may advance ▪ a Trade ▪ by our selves . If they object that what we did in all those cases , was no more th●…n our duty , and what we ow'd to our own preservation as well as to theirs : it is easie to reply , that admitting it to be so , yet by the Laws of GOD and Men People are encouraged to perform their Duties by Rewards ; and their Ancestors were so sensible of this , that tho they knew we were equally coneern'd to defend the Island against foreign Invaders as well as they , yet they thought themselves obliged in Policy as well as Gratitude , to reward us ; which they not only did by that Honorary Premium of allowing us to be Denisons of England . as abovementioned , but sometimes gave to us , and at other times confirm'd to us the three Northern Counties of Northumberland , Westmorland , and Cumberland , to be held in Fee of the Crown of England . It is likewise very well known with how much honour the Parliament of England treated us , when they courted onr Assistance against K. Charles I. and what large Promises that Prince made us , if we would have but stood Neuter ; which tho we had reason to think many of those that opposed him had no great kindness neither for our Civil nor Ecclesiastical Constitution , yet the sence that we had of the common danger that our Religion and Liberties were in at that time , made us proof against all those Tentations ; so that after all Endeavours for a Reconciliation betwixt the King and Parliament of England proved unsuccessful , we sent an Army , which cast the Ballance on the side of the latter , who before that time were reduced low enough by the Kings Army , as is very well known to such as are acquainted with the History of those times , and is own'd by my Lord Hollis in his Memoirs lately published . But to return to the last Revolution ; Tho we must own that we owe our Deliverance to his present Majesty , and were oblig'd in Conscience and Honour to concurr with him ; Tet who could have blam'd us to have stood upon Terms before we had fallen in with England , Especially considering how ungratefully ( nay villanously ) we were treated by Cromwel and his Party , after we had sav'd them and the Parliament of England , from the Scorpions that the Cavaliers had prepar'd to chastise them with ; as is own'd by the said Lord Hollis . Not could we have been any way Calpable , if we had stood upon higher and surer Terms with his Majesty , Considering how unthankfully we were abus'd and enslav'd by our late Kings , for whom we had acted and suffered so much . And tho we must own that no less Present than that of ou●… Crown , was sufficient to testify our Gratitude for what the Prince of Orange had done for us , yet we were under no necessity of gratifying him in that manner , since our Deliverance was effected before hand , and that he himself in his Declaration , expres'd it to be no part of his design to come for the Crown , so that our Re ward was as frank and generous as his Service . Then as to England , we were under no manner of obligation to continue the Union with them ; We might have insisted upon having our King obliged to reside as much amongst us , as amongst them : that we should be govern'd without any Consideration or respect to their Interest , any further than it fell in with our own . We might have insisted upon an Act , that we should not be oblig'd to attend his Majesty at any time at the Court of England , about our Affairs ; but that he should either attend upon our Administration in person pro re nata , as he does now upon the Affairs of Holland , or lay down Methods to have his Pleasure signified to us at Home in such cases as it was requir'd ; which would save a vast deal of Money annually to the Kingdom of Scotland . Then as to the Succession , we were under no Necessity of settling it in the same manner as they did in England ; for since they had made a Breach in the Line , they could not handsomely have blam'd us to have made an improvement of it , and either to have limited the Reversion after his present Majesty's Death , or otherwise as we should have thought best , for the Security of our Civil and Religious Liberties ; or we might have settled it upon the Prince of Orange , and his Issue by any other Wife , there being cause enough then to conceive that he was never like to have any by his late excellent Princess . Had we taken any of these Methods , it must be own'd that England would have been considerably weakned , and lessen'd in the Esteem of the World by it ; that we should have thereby had an opportunity of making such Forreign Alliances with France , as formerly , or with any other Nation , as would have made England uneasy , and perhaps unsafe on occasion ; and therefore it must be reckon'd highly impolitick , as well as ungrateful , in our Neighbours to treat us continually at such a rate , as if they had a mind to bring us under Subjection , since we have so many open Doors to get out at . They must not think that we have so far degenerated from the Courage and Honour of our Ancestors , as tamely to submit to become their Vassals , when for 2000 years we have maintain'd our Freedom ; and therefore it is not their Interest to oppress us too much . If they consult their Histories , they will find that we alwayes broke their Yoke at long-run , if at any time we were brought under it by force or Fraud . The best way to assure themselves of us , is to treat us in a Friendly manner : Tho we be not so great and powerful as they , it is not impossible for us to find such Allies as may enable us to defend our selves now as well as formerly . None of these things are suggested with an ill design to raise Annimosity betwixt the Nations , or to perswade to a Separation of the Crowns , but meerly to shew those of our Neighbours , who use us os unkindly , that they are bound in Gratitude , Duty and Interest to do otherwise , and particularly to support us in our American Settlement , and not to lay our King under a necessity by their froward Humours in Parliament or otherwise , to discourage us in that Undertaking , as they have hitherto done , and continue still to do in their American Colonies , by their Proclamations against having any Commerce or Trade with the Scots at Darien ; Tho they be settled there , according to the Terms of his own Patent , and an Act of Parliament in Scotland . We are not insensible that the present Juncture of Affairs obliges the Kingdom of England to carry fair with Spain , and may admit that in part as an Apology for some of that Opposition we have met wi●…h from them ; but the questioning our Act of Parliament at first , and their hindering our Subscriptions at Hamburgh afterward , before ever they knew what our design was , make that excuse of little weight : but allowing it all the Force they would have it to bear , it may be worth their while to consider whether it be more their Interest to incourage the Spaniards in an unjust Opposition to our American Settlement , or to support the Scots in maintaining their Right . It is certain that the Spaniards are in no condition to break with England ; or if they should , it 's in the power of the English to reduce them speedily to reason : whereas if the Scots should miscarry in their Undertaking by the Discouragements from England before-mentioned , which exposes our Ships to be taken and treated a Pirates by any Nation that pleases , the infallible consequence of it will be , that the Ruin and utter impov'rishment of Scotland , which must necessarily follow such a miscarriage , will immediatly affect England both in her Trade and Strength : The City of London and the Northern Road will soon feel the Effects of it , when the Money spent by our Gentry and Merchants continually for Cloaths , Provisions , and Goods , ceases to circulate there : England must unavoidably become an easier Prey to any forreign Enemy ; since it will not be only the loss of a Tribe , but of an entire Sister-Nation . Or supposing that Scotland should be able to bear up under the loss , it will lay the Foundation of an irreconcilable Feud , and perhaps issue in a War betwixt the two Nations ; which did never yet terminate at long run to the advantage of England , and is as unlikely to do so now as ever : For in such a case they would find us unanimous as one Man against them ; whereas we are sure that all those who wish well to the Protestant Interest , and their present Constitution , would never join in any such War against us ; and therefore those who are Enemies to the Peace of the Nations , being aware of this , labour to Effect their design by another Method , and endeavour as much as they can to dash the Government against one another . But they are mistaken in the People of Scotland : we are so sensible of our obligations to K. William ; and know so well what is due to our Deliverer , that it surpasses all their Art to create in us the least ill thought of him ; it is not in the temper of our Nation . The World knows that however frequent and successful we have been in reducing our bad Kings to reason , yet there never was any People under the Sun more Loyal and affectionate to good Princes than we have been ; and is , when we have been forc'●… to oppose our Monarchs , private Persons have sometimes carried ●…eir R●…tments too high , yet the publick Justice of the Nation was alw●…e govern'd with Temper . We could multiply instances to prove this , but need go no higher than the three last Kings , who tho a●… o●… them Enemies to our Constitution , as appear'd by their Principles and Practices , yet it 's very well known what we both did and suffer'd for them , and particularly for K C●…arles I. tho the Malice of a Faction in our Neighbouring Nation six'd a ●…ous Reproach upon us , as if w●… had sold ●…im ; 〈◊〉 which Ref●…ection we are sufficiently vindicated by the Lord Hollis's Memoirs before-mentioned ; wherein that exc●…llent P●…rson makes it Evident , that tho our War against that Prince was just , yet we had all possible respect for his Person , made the 〈◊〉 Conditions ●…e could for his Safe●…y and Honour . and to avoid greater Misch●…fs , and the playing of our Enemies Came to the 〈◊〉 of our s●…lves and his Majesty , we were 〈◊〉 to 〈◊〉 him in England , Memoirs p. 68. Then since we carried it so to a Prince that had been no 〈◊〉 kind to us , it will be impossible to create a Breach 〈◊〉 ●…s an●… a Prince , to whom , under God , we owe all that we 〈◊〉 as Me●… and 〈◊〉 : But at the same time our Neighbours w●…o 〈◊〉 ●…o dri●…e 〈◊〉 N●…il as far as it will go , would do well to 〈◊〉 ●…hat ●…e never b●…liev d that Doctrine in Scotland , that it is 〈◊〉 to resist a King , or 〈◊〉 that has a Commission under him , upon any pretence whatsoever : we 〈◊〉 that Doctrine in Scythia , 〈◊〉 wh●…ce s●…me A●…ors derive our Origin , and think it o●…ly fit to be ●…nt back to Turkey , from whence it came . We know very well how to distinguish betwixt a 〈◊〉 〈◊〉 , and the abuse of it ; And our Ancestors rightly understood how to obey the lawful Commands of their Princes ▪ when Masters of themselves , and how to govern by their Authority . and in their Name , when ●…ey were not ; tho they did not think themselves obliged to o●…ey their personal Commands . when the Fortune o●… War , or other Accidents had put them into the hands of our Enemies . Thus we refused Obedience to K. James I. when detain'd prisonet in England , contrary to the Law of Nations , and carried over into France , to command his Subjects there , not to bear Arms against the English Army , where he was in person . We told him we knew how to Extinguish betwixt the Commands of a King , and those of a Captive : And that most of the Kings of Scots have been such in Relation to us since the Union , we could heartily wish were not too demonstrable . To return to the point of what may probably be the Consequences , if the English should proceed to any surther degree of of Opposition ; Or if the Scots should misearry in the Design . It 's reasonable to believe , that the English will be so wise as to forbear Hostilities , tho we are very well satisfied , there is a Party in that Nation , who bear ours no Good-will ; but they being such as are either disaffected to the present Constitution , or acted by a sordid principle of private Interest , it 's to be hop'd they will never be able so far to leaven the sound part of the English Nation , as to occasion a Rupture betwixt them and us , Yet we must needs say , that we look upon their way of treating us to be a very unaccountable thing , and that it was no small surprise to us , to find that an English Parliament should look on our taking Subscriptions in England , in order to admit them Joint-Sharers with our selves , in the benefit of the Act to encourage our Trade , to be no less than a high Misdemeanour . We have reason likewiwe to complain of their constant practice of pressing our Sea-men in time of War , as if they were their own Subjects , and that they should treat us in other respects , as if we were Aliens ; and sometimes confiscate Ships , by reckoning Scots Mariners as such : So that the English have not only depriv'd us of our Government , and the warm influences of our Court , the want o●… which is a considerable addition to the Natural coldness of our Climate , but they likewise oppress us on all occasions , and do 〈◊〉 endeavour to prevent our Application to Trade . We know there 's a Party in that Nation , who think we sustain'd no great loss by the removal of our Princes ; but we would wish them to consider what a murmuring they themselves make when the King goes annually to the Netherlands ( tho the safety of Europe requires it ) because of the damp it puts upon Trade , and the Money it carries out of the Kingdom . Let them consider then what our Nation hath suffered in that respect now for almost 100 years , besides the lessening our Esteem in the eyes of the World , so that our Honour and Substance are both swallow'd up by the Kingdom of England ; and yet they will neither admit us to the privileges of ●…ellow-Subjects with themselves , nor suffer us to take such measures as may enable us to stand on our own bottom . Certainly this is not the way to establish the Peace , no●… to increase the Wealth of the Island . We know that it was a Maxime in some of the late Reigns . That it would never be well , till all that part of Scotland on this side Forth , were reduc'd to a hunting Field : but we were in hopes the bitterness of those days had been past : yet it seems that Party have still so far the ascendant amongst our Neighbours , as to procure a publick Opposition to all our Endeavours for raising our Nation by Trade . It will upon due Examination be found as bad policy as it is Christianity , to urge , as some of our Neighbours do , that it is the Interest of England to keep the Scots low , because they are an independent and free Nation ▪ and were our ancient Enemies ; and therefore may be dangerous Neighbours if they grow rich and potent . Nothing but Rancor and inveterate Malice can suggest such sour thoughts as these . It were fit that sort of Men should be purg'd of their Choler . The Scots to obviate all dangers from that h●…ad , have , tho they be much the ancienter Nation , condescended so far as several times to propose an Union , which the Gentlemen of that Kidney have hitherto prevented ; and therefore we would wish them to look back into their Histories , ●…nd upon casting up their Accounts , make a true Estimate of whatever they gain'd by a War with Scotland . They will find that their Ancestors , as well as the Romans , have been sensible , as Tacitus expresses it , Quos sibi Viros Caledonia seposuerit ; and that as it was true what ou Histo●…ian says of the unjust and treacherous War made upon us by Edwa●…d I. that Scotor●… nomen pene delevit ; it was also true what he says on the other hand , that Angliam vehementer concussit : So that those Gentlemen take the direct way by opposing and oppressing us to ●…un into those dangers they would avoid : for they may assure themselves that if the English Opposition to our American Settlement should once break out into Hostilities , the Scots will find some Allies , antient or new , that will be glad of the opportunity to join with them . O●… if , which is most probable , tho highly ungrateful and impolitick , the English should so far neglect the Scots , as to suffer them to be ov●…power'd by the French , they may be sure that the Scots , when put to their last shift , can always make an honourable Capitulation with Fran●…e . It 's not to be doubted , but that Crown would be very willing to renew their antient Alliance with us ; and besides allowing us a share at least in the Trade of Darien , would on co●…dition of giving them the possession of New Caledonia , restore us likewise to all our ancient Privileges in France . They would think it a very good purchase if they could secure themselves of that Colony by doing so , granting us what security we could reasonably desire for the uninterrupted Enjoyment of the Protestant Religion , and a Freedom of Trade to all places of the World , where it did not actually interfere with their own Settlements and Colonies . So that if this should be the Case , we leave it to our N●…ighbours to judge what would become of their East and West India Trade and Plantations , and whether they would be able to stand out against France and US , now that they have no footing on the Continent , ●…nce formerly , when they had so many Provinces of that Kingdom in their possession , and could not do it , and at last lost every foot of their French Dominions : Whereas had they been in Union with us , they might certainly have retain'd them , and by consequence have prevented the great Calamities that Europe hath since groan'd under by the prodigious Increase of the French Monarchy . This we think sufficient to convince those angry G●…ntlemen in our neighbouring Nation , that are so very much disgusted with our American Settlement , that it is the Interest of England to join with us and support it , and that it may be of dangerous Consequence to them ? either to oppose or neglect us : Whereas by joining cordially in this Matter , they may unite us inseparably to themselves for ever , inrich their own Nation , secure and advance the Protestant Interest , keep the Ballance of Europe in their Hands , and prevent the returns of its danger , their own Expence of Blood and Treasure to save its being threatned with Slavery any more , either by the House of Bourbon or Austria . Therefore we cannot believe after all , but our wise and Politick Neighbours will at last see it their Interest to protect and incourage us in this matter ▪ that we may mutually strengthen and support one another against the French , who are loudest in their Clamours against our Settlement , because if incourag'd and improv'd , it will defeat all their ambitious and Antichristian Designs ; And thereby we shall also be in a condition to assist the English Plan ations in the West Indies , who as we find by the proceedings of the Earl of Bellomont and the Assemblies of New England and New ▪ York , are su●…iciently sensible of their danger , from the incroaching temper of the French , which increases every day ; and it is evident , that their new Design'd Colony in Mississipi River looks with a dangerous Aspect upon all the English Plantations in America , and may be 〈◊〉 justly esteemed an Incroachment upon Spain , as being in the Bay of Mexico , than our Plantation in D rien : Which argues the treacherous Humor of that Nation , to make such an Ou●…cry against the Scots who have envaded no Mans Property , when they themselves are so notoriously guil●…y of it ; and therefore it would seem to be the Interest of England rather to strengthen themselves by our Friendship , and to look after the French , than to provoke us to look out ●…or other Allies by their Opposition and Neglect . We shall conclude this matter ▪ with one or two more Arguments to prove , That it is th●… Interest of England to join with us in this Affair ; by which also it will appear that there is nothing advanc'd in these Sh●…ets out of any ill Design against the English Nation , or to perswade to a disu●…iting of the Crowns ▪ but on the 〈◊〉 , that a stricter Union is absolutely necess●…rry , ●…hat both Nations may have but one Interest , which will render us less lyable to Convulsions and intestine Commotions at home , and put us out of danger of being atrack'd by Enemies ●…rom abroad . The first Argument is this ; That by Encou●…ging ou●… Settlement at Darien , English Ships that have occasion to pass by those Coasts , will there be certain of a plac●… of Retreat , in case of attack either by Enemy or Tempest , without danger of being Confiscated by the Spaniards , and having their Men condemn'd to be perpetual Slaves in their Mines . 2. I●… we be encou●…aged in ou●… American Colony , it will Contribute much to heighten the Consumption of the English Product ; since what we have not of our own , or wherein we are wanting , either as to quality or quantity , we shall suppl●… ou●… selves , ●…or the use of our Plantation , in England ; which may be of great benefit to the Northern Counties especially , whence we may conveniently furnish our selves with B ●…eves ●…or Victualling our Ships , ou●… own Cattle being for the most part too small ▪ for ●…hat use ; besides many other things that we shall have occasion ●…o export to England , for the use of the Plantation , and to maintain a Commerce with the Na●…ives . 3. By joining with us in this Colony , and securing a Post on the South-Sea , which the Princes of Darien will no doubt very readily ag●…ee to , they may shorten their Voyages to the East-Indies ▪ and by that means be able to Outdo all their Rivals in that Trade ; But if they will be so far wanting to themselves , as to suffer those advantages to fall into the hands of others , who are Enemies to our Religion , and common Country ; They cannot blame the Scots , who have made them such fair Offers : And if ou●… Nation should miscarry in the Attempt , they themselves cannot expect to stand long , but must be buried in the common Ruines , and fall unpitied . 4. If after all the English should continue obstinate in their Opposition to us , as their late Proclamations in America , and other Passages would seem to imply they have a mind to , the World cannot blame the Scots to provide for themselves , by such other Alliances as they shall think meet , since the English are so unkind , and have been constantly growing upon us , especially since the Restoration of King Charles II. to which we did so much contribute , that without our Concurrence , it could never have been effected . This will appear to be incont●…overtibly true , i●… we consider that in the time of K. ●…ames I. we were u●…der no Restrictions , as to matters of Trade more than they , except as to the Exportation of Wool , and a few other things of English Product ; and so we continu'd till the Restoration , when King Charles II. and the English did very ungratefu●…ly lay su●…h Prec●…usions and Restrictions upon us , contrary to the Laws , relating to the Postnati , by the 12th of Car : 2. for the incouraging and increasing Shipping and Navigation , and the 15 Car : 2. for the encouraging of Trade ; by which we are put in the same Circumstances , ●…s to Trasfick with France and Holland , and in a worse C●…ndition than Ireland , that is a Conquest ; which is so much the more unreasonable ▪ since we are always invol'd and ingag'd in the Wars betwixt England and other Countries : And those with whom they have most frequent Wars , being Holland and France , the only two Nations with whom the Scots have almost any Commerce , our Trade must of necessity sink ▪ during such Wa●…s , whereas England hath still a great Trade to other parts of the World ; and by this means we are forc'd to be sharers in their Troubles , tho they will not allow us to partake of their Profits , nor suffer us to take any measures to procure such as we may call our own . It is plain from the Instance of Darien , and the Proclamations in the English American Colonies , against their Subjects Entertaining any Commerce with our Settlement there , that by the Union of the Crowns , upon the present footing , we are in a worse Condition than ever ; For when any thing happens wherein the Interest of England seems to be contrary to Ours , it is certainly carried against us , and we are left without Remedy : So that in this respect , we are in a worse Condition than any Forreigners , with relation to England ; ●…or if a Foreign People discover any thing that may be of advantage to them , they are at Liberty to pursue it by themselves , or to take in the Assistance of others ; And if they find themselves aggriev'd by England , they have their Respective Governments to make application to for Redress . But we are the most unhappy People in the World ; For if Endl●…nd should oppose us , we have no King to appeal to , but one that is e●…ther an Alien and Enemy to us , as being King o●… a great●…r People who are such , or if he be inclinable to protect and do us Justice as King of Scots , he is a Prisoner in England , and cannot do it : If they Question him in the Parliament of England , for any thing relating to his Government of Scotland , as in the case of our late Act for an East India and African Trade his Interest as King of England , obliges him to submit himself as King of Scotland ; By which means our Crown , which we desended so gallantly for so many Ages , and which the English could never make subject to theirs by force , is now intirely subjected by a false step of our own , in suffering our King to take their Crown upon him , without making better Terms for our selves : So that instead of having a King to fight our Battels , we h●…ve made a Surrender of our Prince to the Enemy ▪ who arm him again●…t us ; and which is worst of all , we have satisfied our own Proverb , as to our selves , That Scots men are wise behind hand : For tho we sufficiently sma●…ed for it in the four last Reigns , yet we had not so much foresight or Care of our selves , as to prevent the Consequences of it in this Reign , when it was in our power to have done it . Then if we make Application to our antient Allies , or any other foreign Power for our Assistance , when we groan under Opp●…ession , then we are treated as Rebels : Thus our whole Nation was proclaim'd such for but offering to make Application to the King of France , as our ancient Friend and Ally , when a certain Party in England had arm'd our natural Sovereign K. Charles I. against us . And that which is still worse , tho our Crown from the time of the Uni●…n has been for the most part on the head of an Alien or Enemy ; yet it has iufluence enoug●… to divide us amongst our selves against the Interest of the Nation ; as in the Reign of K. Charles II. those that comply'd with the Court of England , were brib'd with all the chief places in our Administration , whilst those who were Patriots to their Country ( as for Honour sake to instance in the late Great Duke of Hamilton , and our present Lord high Chancellor ) were exposed to all manner of Dangers and Vexations . This we think sufficient to convince our Neighbours that we have no Reason to be fond of having the Union of the Crowns continu'd , except the Interest of the Nations , be more closely united then ever they have been hitherto . And to let them see that it is their Interest as well as ours it should be so , we shall only desire them to consider how fatal it may be to them , if by any Emergency we should be forc'd to break off the Union of the Crowns , and enter again into a F ●…ench Alliance . It ●… in vain for them to object that in such a case we should betray o●…r Religion ; for we see the persecuted Hunga●…ans were protected in that ●…y the Tu●…ks , tho sworn Enemies to it ; nor is it less impossible but there may be a Change as to that matter in France , L. XIV . is not immortal : a●…d even Julian the Apostate himself found it his Interest for some time to protect the Orthodox Christians , whom he mortally ●…ated . But supposing ( as indeed there 's no great likelyhood of it ) that no such Allyance as this should ever happen : yet howev●…r , if these two Nations be not more closly united ; it may be of ill Consequencc to England , if any of their Kings at any time should be so far disgusted with their Proceedings , as to leave them , and betake themselves to Us. What a Field of Blood and Slaughter must England have become , had we carried off K. Charles I. when he came to our Army , or if we had join a him against the Parliament of England ? What great Efforts did a Party of our Nation make to inthrone King Charles II , when England was against him ? and how did our Concurrence afterwards with General Monk effect it ? How soon did our espousing the D. of York ' s Interest turn the Tables upon those that opposed him in England ? And if our Nation had likewise espoused his Cause before the Revolution , the Viscount of Dundee gave a sufficient Proof what we could have done for him . There 's a strong Party in England at present against allowing the King a standing Force , for fear , as they pretend , of losing their Liberties ; but all their Opposition in that respect would signifie little , if in case of a Rupture ) ou●… Nation should take part with the Court , and bring in 22000 Men. with 6 Weeks Provisions and Pay , as we are obliged to do by Act of Parliament ; for his Assistance . This makes it evident that it is not the Interest of England to slight an Union with US so much as they have done ▪ so●… so long as we remain divided , any King that is so minded , may make use of us to inslave one another ; and any envious Neighbour , whose Interest it is to keep this Island low , will be sure to blow the Coals . If they 'd but turn the Tables , and make our Case their own , they would quickly be satisfied of the truth of what we advance . Supposing that the Government of Scotland should traverse the Actings of the Government of England in relation to their Trade , &c. as they have done ours ; and supposing that a Parliament of Scotland , when the King were there , should question him for the Navigation Act , and that for the Encouragement of Trade in England by King Charles the Second . Which lays Us under such hard Circumstances and Restrictions , the English would certainly very much resent it , and speedily tell us we meddled with what did not belong to us : Then why should they deny us the like Liberty in re●…erence to their 〈◊〉 against us , seeing we are a free Nation as well they ? They cannot think that Scotland will look upon the English Proclamations in the West Indies , against having any Commerce with our Colony at Darien , to be the Act and D●…ed of a King of Scotland , sinc●… it is not only contrary to his own Act o●… Pa●…liament there , and his Patent under the Great Se●…l of that Kingdom , but contra●…y to the Interest of that Nation ; but being the Act of a person who is really King of Scots , we can look upon it to be no other than the esfect of a ●…orce put upon him by a Nation which in this matter thinks it their Interest he should do so . Now suppose , which GOD forbid , our Colony should be starv'd by virtue of these Proclamations , or that our Ships going and coming from Darien , should by reason thereo●… be attack'd , and treated as Pirates by the English , French , Dutch , or any other Nation ▪ who may take the opportunity to do it , and say ou●… King has d●…clared against us : to whom should we make application sor redress in this matter ? The King of England he is our Enemy , and e●…itted these Proclamations ; the King of Scots is detain'd in England , and not Master of himsel●… , but is forc'd to act thus contraty to the Interest of his own antient Crown and Kingdom ; as a former K. William , John Baliol , and James I. were 〈◊〉 ' d to do , when in the power of the English. ●…n such a 〈◊〉 ▪ if our in●…ant Colony should by this means bed stroy●…d , ou●… 〈◊〉 must needs think that we should look ●…or a Compens●…tion 〈◊〉 . resume the Government into our own hands , and strengthen our selves by new Alliances ; which perhaps might be lit●…le ●…o their advantage , This is not suggested as a thing that is ever likely to be practis'd , or to which the Kingdom of Scotland is any way inclin'd : Our whole Conduct since the Union is a continu'd evidence of the uprightness of Our Intentions towards England ; and the Offers we did make , and do still continue to make , of admitting 'em as Partners and Sharers in our Settlement , are enough to stop the mouth of Calumny it self . But if in return for our kindness we meet with Neglect and Contempt , have our Soveraignty trampled under foot , our Settlement in America by an Act of Parliament in Scotland reflected upon as unjust by Proclamations from England , the World cannot blame us to complain of the Violence done to our Independency and Honour , which is not to be salv'd by any politick Considerations whatever , that our Neighbours pretend for this Treatment . Nor can any thing less than joining with us , and protecting that Settlement against all opposition in case of Attacks by the French , or others , sufficiently atone for what is already done , or heal the Wound those Proclamations have giv'n to the common Interest and Honour of the Island . WE Come in the next place to give a Description of the Isthmus of Darien . It lies betwixt the 8th and the 10th Degrees of Northern Latitude ▪ and in the Narrowest place is betwixt 60 and 80 Italian Miles over . We shall not trouble our selves with the Description of any more of it than is in the Possession of the Natives , which is in length from E. to W. on the North side from the Mouth of the River Darien to Port Scrivan , above 140 Italian Miles ; From Caret Bay to the River of Cheapo on the South side ▪ it is about 160 in length . It is supposed to take its Name from the great River of Darien , that bounds its Northern Coast to the Eastward . It is bounded on the North and South with the vast Oceans that carry the Names of the North and South Seas . It s Situation is very pleasant and agreeable , and very commodious for a speedy and short Communication of Trade betwixt the North and South Seas , and preventing that vast Compass that must otherwise be fetch'd round either of the Extremes of North and Sout●… America . By this means also it lies convenient for a speedier Communication of Trade betwixt Europe and the East-Indies than any that hath hitherto been found out . Mr. Dampier says , that from Cheapo , or Santa Maria River , a Man may pass from Sea to Sea in three days , and that the Indians do it in a day and half . There are abundance of valuable Islands on both sides the Isthmus , which prevent the breaking in of the Ocean upon it at once ; and besides the Conveniencies of Wood , Fish , Foul , and Water , afford good and safe Riding in all Weathers , to any number of Ships , especially those call'd the Sambaloes , that lie along the Northern Coast. The Continent is ag●…eably intermix'd with Hills and Vall●…ys of great variety , for height , depth , and extent . The Valleys are watered with Rivers , B●…ooks and Springs , which take their rise from a great Ridg of Hills that run along the Isthmus , but nearest to the Northern Shore , from which it is seldom above 15 miles distant , and from whence the Sambaloes Islands , and the various makings of the Shore , and the continued Forest all along the Country grati●…y the Eye with a very fine prospect . The Rivers of t●…e Northern Coast are generally small . because their Course from the abovementioned Ridg of Hills is but short ; yet the River of Darien is very large but the depth of its entrance not Answerable to its width ▪ yet further in it is deep enough , and hath a good Har●…our in Caret B●…y w●…ich is some Leagues up the River , hath two Islands of pretty high Land , Cloath ▪ d with a varie●…y of Trees lying before it and two or three slreams of ●…resh Water falling into it . From this Bay to the Promo●…tory near Go●…den-Island , the Shoare is indif●…erent fruitful : and the S●…il 〈◊〉 〈◊〉 Northern Coast is generally good , but swamp●… here and there to the Sea. To the West ward of the Promontary , at the E●…trance of the River . is a fine sandy Bay with three Islands , one of them Golden Islands lying be●…ore it , which make it an extraordinary good Harbour . Golden Island is rocky and steep all round . except at the la●…ding place on the South side . so that it is naturally forti●…y'd . T●…e Land o●… the Isthmus over against it to the S. E. is an excellent ●…ruitful Soil . West of this Island lyes the largest of the three , b●…ing swam●…y and covered with Maingroves . To the North of these lyes the 〈◊〉 of Pines , cover'd with tall Trees , sit for any use . From the point against these Islands for three L●…agues W●…stward , the Shoare is guarded with Rocks , so that a Boat cannot La●…d ; but at the N W. end of the Rocks , there 's a very good Harbour , and good Riding , as has been faid , in all Winds , by some or other of those Islands , which with the adjacent Shore , make a lovely Landskip off at Sea. The Channel betwixt them and the Isthmus is two , three and four miles Broad , and navigable from end to end ; and the Ground opposite to them within Land an Excellent Soil , and a continued Forrest of stately Ti●…ber trees . On the South side there 's the River Sambo , that falls into the Sea by point Garachina . This is a large River . Th●…n there 's the Gulph of St. Michael , made by the Outlet of several considerable Rivers , as those of Santa Maria and Congo and the Gold-River , so call'd because of the great plenty of Gold Dust it affor●…s to the Spaniards . The River Congo may be entred at high Water , and affor●…s a good Harbour . The Gulph has several Islands in it , and afforcs good Riding in many places . The Country on this 〈◊〉 as one the other , is one continued Forrcst ; and forms a Bay call'd the Bay of Panama , abounding with fine 〈◊〉 ▪ and a●…fording good Riding for Ship●… . The Soil os the Inland Country , is for the most part a black 〈◊〉 Mold . The We●…ther is much the same as in other places of the Torrid 〈◊〉 in this Latitude , but inclining to the wet Extreme , for two thir●…s o●… the year , the Rains beginning in April . The most remarkable of their Trees are the Cotton Tree , which bears a Cod as big as a Nut●…meg fuil of short Wool or Down , and affords Timber for Canoes and Periagoes : they abound with stately Cedars and Macaw Trees - , which bear Fruit as big as a smal Pear , of a tart but not unpleasant Taste ; Bibby Tree , the Wood hard and black as Ink , and being tapp'd , affords a Liquor call ▪ d Bibby , of a pleasant tart taste which the Indians drink . They have abundance of Plantains set in Walks , which make very delightful Groves , and yield an excellent Fruit , and being green and sappy , are cut down with one stroke of an Ax. They have also plenty of Bonanoes another sort of Plantain , which eats best raw as the Plantain does boil'd . They have great store of that excellent Fruit call'd Pine-Apples , which tastes like a Mixture of all delicious Fruites , and ripens at all times of the Year . They have also Prickle-pear , which is a very good Fruit ; and Sugar ▪ Canes . of which they make no other use but to suck out the juice . The Maho Tree , of which they make Ropes , Cables for Ships , and Nets for Fishing . The Calabash whose Shells serve for Cups and other occasions , is curiously painted ; the sweet sort of 'em is eatable , and the bitter sort Medicinal . They have also Gourds of the like nature . There is a plant call●…d Silk Grass , which resembles ou●… Flaggs : this they beat nto strings like fine Flax , much stronger than our Flax or Hemp ; of these they make Ropes , Cordage of all sorts , Nets ●…or small Fish ; and the Spaniards and others use it for Shoemakers Thread , Stockins , and a sort o●… Lace . They have a Tree called Lightwood , as large as an Elm , but so light , that a Man may carry a great quantity of it on his back . It is in substance like Cork , and made use of bv the Indians for Rasters to go to Sea , or pass Rivers . They have a Tree call'd Whitewood , of a finer Grain , and whiter than any European Wood and fit for inlaying . They have Tamarind , Locust-Tree , Bastard Cinnamon , Bamboes , and Maingrove Trees in plenty . They have Shrubs that bear store of Pepper , of two sorts , called bell p●…pper , and bird Pepper . Mr. Wafer , to whom we owe this Description , takes notice of a Redwood , whereof there grow great quantities on the Northern Coast ; the Indians make use of it for dying , and mix a kind of Earth they have with it . It makes a bright glo●…y ●…ively Red , which no washing can ●…etch out again This we suppose to be the Ni●…ragua Wood. Their Roots are Potatoes . Yams , and Cassava ; of the last of which they make Bread. They have likewise Tobacco , but don't understand the planting and manuring of it ; it is not so strong as that of Virginia . Their Beasts are the Peccary , and Warce a kind of wild Hogs , which are very good Meat . They have considerable store of Deer , and Rabbits , and great Droves of Monkeys , which are extraordinary fat and good to eat . They have an Insect call'd a Soldier , somewhat resembling a Crab , which feeds upon what falls from the Tree , is a delicious Meat , and yeelds an Oyl that is an excellent Salve . They have no European Cattle . Their Birds are the Chicaly Chicaly , which makes a noise somewhat like a Cuccoo , is a large Bird , has Feathers of divers Colours very beautiful and lively , whereof the Natives sometimes make Aprons . This Bird keeps mostly on the Trees , feeds on Fruit , and is pretty good Meat . The Quam feeds in the same manner , his Wings are dun , his tail dark . short , he is much preferable to the other for Meat . There 's a Ru●…et-colour'd Bird , resembling a Partridg , runs most on the ground , and is excellent Meat . The Corro●…ou is a large Fowl as big as a Turky , and of a black colour . The Cock has a Fine Crown of yellow Feathers on his Head , and Gills like a Turkey , they live on Trees , and eat Fruit. They sing very delight●…ully , and are so well imitated by the Indians , that they discover their haunts by it . They are very good Meat , but their Bones make the Dogs run mad , and are therefore hid from them by the Indians . They have abundance of Parrots , for size and shape much like those of Jamaica , they are very good Meat ; their Parakites are most of them green , and go in large flights by themselves . They have Macaw Birds ; which are as big again as Parrots , and resemble them in shape , they have a Bill like a Hawk , and a bushy tail wi h two or three stragling feathers , either red or blue ; but those of the Body , are of a lovely blue , green and red ; the Indians tame those Birds , and teach them to speak , and then letting them go into the Woods amongst the wildones , they will return of their own accord to the Houses : they exactly imitate the Voice and singing of the Indians , and call the Chicaly in its own Note . It is one of the pleasantest Birds in the World , and it's Flesh sweet and well tasted . They have also Woodpeckers which are pied like our Magpies , and have long Claws that they climb up Trees with ; they are not pleasant to eat . They have plenty of Dunghil foul resembling those of Europe , and their flesh and Eggs as well tasted as ours . About the Samhaloes they have great store of Sea foul , and particularlv Pelicans , which are large Birds , having Legs and feet like a Goose , and a Neck like a Swan , the feathers are grey . It has a bag under its throat , which when fill'd , is as large as a Man's two fists ; and when dry , will hold a pound of Tobacco ; they feed upon Fish. and the Young ones are good Meat . They have Cormorants resembling Ducks for size and shape , are of a black colour , have a white spot on the Breast , and pitch sometimes on Trees and Shrubs by the Water they are too rank to be eaten . They have a●…undance of Sea ▪ gulls and Pyes , which are pretty good Meat , but eat fishy , which is cur'd by burying 'em eight or ten hours in the Sand with their feathers on . They have flying Insects too , and among others Bees , which form their Hives on trees ; and it s observed , that they never sting any Body : the Natives mix the Honey with Water , and so drink it , but know not the use of the Wax . They have shining ●…ies , which in the night time resemble Glow-worms . Their fish are the Tarpum , which ears like Salmon ; some of 'm weigh 50 or 60 pound , they affo●…d good Oyl . They have Sharks and another Fish that resembles a Shark , but much better Meat . The Cavally is much of the size of a Maccarel , and very good meat . They have a fi●…h called Old Wives , which is also very good 〈◊〉 eat Their Paracods are as large as a well grown Pike , and very good Meat , but in some places poisonous , which a●…e distinguish'd by the Liver . Their Gar fish is good Meat , they have a long bone on their Snour , with which they will sometimes pierce the side of a Canoe . They have also S●…ulpins , a prickly fish , which when strip'd , is very good Meat . They have likewise String-rays , Parrot-fish , Snooks , Conger-eels , Conchs , Perr●…winkles , Limpi●…s , S●…a-crabs , and Craw-fish , and other sorts whose names we know not , that eat very well . The inhabitants are most numerous on the North of the Isthmus ; the Men usually five or six Foot hight , clean Lim'd , Big-bon'd , handsomely shap'd , nimble , Active , and Run well . The Women are short and thick , and not so lively as the Men , the young Women Plump , well shap'd , and have a brisk Eye : both Sexes have a round Visage , short Bottle Noses , large and grey Eyes , high forehead , whi●…e even Teeth , thin Lips , pretty large Mouths , well proportion'd Cheeks and Chins , and in g●…nerall Handsome , but the Men exceed the Women . Both Sexes have stre ght long lank black Hair , which they generally wear down to the middle of their Back . All other Hair but that of their Eye-brows and Eye-lids they pull up by the Roots , cut off the Hair , of their Heads , and paint themselves black by way of Triumph , when they kill a Spaniard . Their natural Complexion is a Copper Colour , and their Eye-brows black as jet . There are some among them of both Sexes , which bear the Proportion of two or three to a Hundred , who are milk white , and have all their Bodies cover'd over with a milk white Down ; their Hair is of the same Colour , and very fine , about six o●… E●…ght Inches long , and inclining to Curl . They are less in stature than the other Indians , and their Eye lids point downwards in form of a Crescent : they don't see well in the Sun , their eyes being weak and running with water if the Sun shine upon them , therefore they are called Moon ey'd . They are weak and sluggish in the day ▪ time , but in Moon shiny nights all life and activity , and run as fast thro the Woods by night , as the other Indians do by day . They are not so much respected as the other Indians , but look'd upon as monstruous . The Natives go naked both Men and Women , only the Men have a thing like an Extinguisher of Silver or gold plate tyed round their middle to cover their . Yard , and the Women tye a piece of Cloath before them , which comes as low as their Knee ; but they use none of these Precautions till they come to the years of puberty : the Members that have not those Extinguishers , make use of a piece of Plaintain Leaf of a Conick Figure . They are in general a modest and cleanly People , and have a value for Cloaths if they had them . The better sort have long C●…tton Garments shap'd like Carmens Frocks , which they use on solemn Occasions , as attending the King or Chief , & c for an Ornament to the face , besides their general painting and daubing , the Men wear a piece of Plate hanging over their Mouths , and the Chief of them have it of Gold. It is of an Oval form , and gently pinching the Bridle of the Nose with its points , hangs dangling from thence as low as the under Lip ; and instead of this the Woman wear a Ring thro the Bridle of the Nose : they lay them aside at their Feasts . They likewise wear Chains of teeth , Shells , Beads , or the like ; the heavier they be , they reckon them the more ornamental . Their Houses ly mostly scattering , and always by a River side . but in some places they are so many as to form a Town or Village . Their Walls are made up of Sticks , and daubed over with Earth : The Fire is in the middle of the House , and the Smoke goes out at a hole in the Roof , they are not divided into Stories or Rooms , but into Hovels ; every one has a Hammock for a Bed in one of these Hovels . They have no Doors , shelves , or ●…eats , other than Logs of Wood. Every Neighbourhood has a Warehouse of 130 foot long , the sides and ends full of Holes , w●…nce they shoot their Arrows on the approach of the Spaniards . In their Plantations they set so much Plantain , Maiz , &c , as serves their occasions : They likewise make Drink of Maiz. which they forment by Grains of the same chewed in their Mouths . They have also another sort of D●…ink , which they make of Plantains . Most of the Drudgery is per●…ormed by the Women with great cheerfulness , being very well condition'd and d●…tiful to their Husbands , who are otherways very indulgent to them ▪ and their Children The VVomen wash the Mother and Child in a River within an hour after their Delivery . The Boys are bred to the Bow , Hunting , and Fishing , &c , in which they are mighty dexterous ; and the Girls help the Women in dressing their Victuals , weaving , m●…king Cotton Cloth , Cordage , Nets , &c. and the Men make Baskets very neat , dying the Materials first with lively Colours . They allow Poligamy , but punish Adultery with Death of both Parties : They punish Theft also with death ; and Fornication with thrusting a Briar up the Man's Tard , whereof they commonly die ; the Facts must be proven by Oath , which is a swearing by their Tooth . When they Marry , the Father or nearest Kinsman keeps the Bride privatly in his own Appartments the first seven Nigbts , and then she is deliver'd to her Husband : All the Neighbours for some M les round , are Invited to a great Feast , and bring Provisions with them , The Fathers o●… the young Couple bring them forth in their hands , and the Bridegrooms Father makes a Speech ; then he dances about in Antick Gestures , till all on a sweat , when he kneels down , and gives his Son to the Bride , her Father also having danc'd himself into a sweat , and presenting her to the Bridegroom in the same manner ; then they take each other by the Hand , and so the Ceremonie Concludes . After this all the Men take up their Axes , and run shouting to a Tract of Wo●…d-land to prepare a Plantation for the new Couple . That being done , they have their Feast , and afterwards Drink hard , all their 〈◊〉 being first put out of the way , to prevent danger in case of Quarrelling . They divert themselves sometimes by dancing , and piping on a small hollow Bamboe , but without distinction of Notes : The Men and Women never dance nor feast together , but apart . The Women accompany them likewise in their hunting Expeditions , which sometimes last 20 Days : They tie their Hamocks betwixt two Trees cover them with Plantain Leaves , and have Fires all Night by their Hammocks : Such of their Prey as they take a Hunting , and design to keep for Future use , they Barbecue in the Woods ; and what they make use of for present Sustainance , they mix with Roots , Plantain , Bonanoes , and Pepper , and stew it together till it be brought to a Pulp ; which they take up with the two foremost Fingers of their Right Hand bent hookwise , and put into their Mouths . They travel by direction of the Sun , or the bending of the Trees , according as the Wind is . None of the English Authors take notice of their Worship or Religion , but give an account that they Pawaw , or consult the Devil to know Futurities ; And it would seem they are as ignorant in matters of Physick and Chi●…gery , since when they would set a patient Blood , they set him upon the Bank of a River , and with a little Bow , and small Arrow , gag'd that it may enter no further than our Lancets , they shoot as sast as they can at all parts of the Patient ' s Body ; and if they chance to hit on a Vein , that the Blood spurs out a little , they testify their Joy by antick Dances . WE Come next to give an Account of the Settlement of our Men there ; how they were receiv'd by the Natives ; wh t Indian Princes there are in their Neighbourhood ; in what state they found the Affairs of the Country ; and of the Situation of our Colony . On the 27th of October 1698. our Ships came to an Anchor in a fair sandy Bay , 3 Leagues W. off the Gulf of Darien ; upon which two Canoes , with several Indies , came on Board , were very free with our Men , told them they had been long Expected , and were very welcome : Our Men gave them some old Hats , Looking ▪ glasses and Knives , with which they were extremly well pleas'd , and ue●…t off . When our Ships stood further into the Bay , they saw about 20 Indians drawn up on the Shoar , being Arm'd with Bows and Lances ; upon which a Boat being sent a●…hoar , and making a signal of Peace , they unstrung their Bows , talk'd Familiarly , and told our Men that two great Captains would in a little time come on board our Ships . Acco●…dingly on November 2d in the morning Capt. Andreas , on of their Princes accompained by 12 Men. came on board , and ask'd their bussines ; He was Answered , that we came to live among them and Trade with them , and would afford them your European Commodities , Cheaper then any other People . He ask'd if we were Friends or Enemies to the Spaniards ; and was answered that we were at peace with all men , and would make war upon no man , except they injur'd us . He took us for Buccaneers , and told us he knew Capt. Swan and Capt. Davis in the South Sea , and commended them as men of 〈◊〉 . We heard that part of his Discourse with very much couldness , and told him we came on no such designe as those men did , but had Authority for what we undertook . We treated him civilly , gave him a Hat lac'd with Gold , and some Toys : and so he parted , promising in a little time to come again ; which he accordingly did , and brought Don Pedro , another of their Princes or Captains , with him . Captain Andreas was freer with us than at first , plainly own'd that he took us for Buccaneers , and complain'd that some English men of that sort , had after great pretences of Friendship , carried off some of their People , and therefore Don Pedro would not come aboard us , till he had further assurance of us . Captain Andreas is a person of small stature ; he affects the Spanish Gravity , as having been often among them at the Mines of Santa Maria , Panama , &c. and formerly had a Commission under them as a Captain , upon which he values himself above others . The French hate him Mortally , because of something he did against some of their Nation formerly . When he came on board us , he had a sort of a Coat of red loose Stuff , an old Hat , a pair Drawers , but no Stockings nor Shoes ; and the rest that came with him were all naked , excepting their Penis , which was covered by Extinguishers , as formerly mention'd . Upon further communing , Capt. Andreas was very well pleas'd with us , offered us what part of the Country we would chuse , and accepted a Commission from us ; and at the same time we gave him a Basket hiltted Sword , and a pair of Pis●…ols : upon which he promised to defend us to the last of his Blood. Some of the Princes on this side the Isthmus had been in Peace with the Spaniards for several years , and suffered a few of them to reside amongst them , to give notice to Panama of what Ships came upon these Coasts ; but upon some fresh disgust , about two months before we arriv'd , Capt. Ambrosio , who is the most noted Prince among'st 'em , had oblig'd them to enter into a common Alliance against Spain , and cut off ten Spaniards , who liv'd upon Golden-Island . The Place where we are setled is 4 Miles East of Golden-Island , within a great Bay. We have 〈◊〉 excellent Harbour , surrounded with high Mountains , capable of holding a Thousand Sail Land-lock'd , and safe from all 〈◊〉 and Tempests . The Mouth of the Harbour is about 〈◊〉 Cannon-shot over , form'd by a Peninsula on the one side , and a point of Land on the other . In the middle of the Entrance there is a Rock three foot above water , upon which the Sea breaks most terribly when the Wind blows hard ; and within the Points there is a small Rock that lies a little under water . On both sides these Rocks there 's a very good wide Channel for Ships to come in : That on the South-side is three Cables lon , and seven Fathom depth ; and that on the North two Cables long . From the two outermost points the Harbour runs away East a Mile and an half ; and near the midle , on the Right hand , a point of Land shoots out into the Bay : so that by raising Forts on the said Point , on the Rock in the midle of the Entrance , and the two outermost Points , it will be the Strongest Ha●…bour , both by Art and Nature , that 's in the known World. The Bay within is for the most part 6 Fathom Water , and till you come within a Cable's length of the shoar , three Fathom and an half : So that a Key may be built , to which great Ships may lay their Sides , and Unload . The Peninsula lies on the left hand , is a mile and an half in length , very sleep , and high towards the Sea : so that it would be very difficult for any Body to land , till you come to the Isthmus where there 's a small sandy Bay that little Ships may put into , but is easie to be secu●…ed by a Ditch and a Fort. There are several little Rivers of very good Water that fail into the Bay ; and it abounds so with excellent Fish ▪ that we can with ease take more than it 's possible for us to destroy , having sometimes caught 140 at a Draught : amongst others there be Tortoises , which are excellent Meat , and some of them above 600 Weight . The Peninsula was never inhabited , and is cover'd all over with Trees of various sorts , as stately Ced●…rs , Brasil-wood , Lignum Vitae , Box-wood , Fustick-wood , Yellow Sanders , Manshinel , &c. and the like sorts , besides others whose Names we know not . grow on the Continent ; and we doubt not of finding out the Nicaragua Wood : We have found Cabbage trees , the Fruit of which eats like Collyflowers . The Natives have no Plantation wit●…in t●…o Miles of u●… . We have a Watch Tower upon an high Hill adjoining to our Plantation , about a mile South of the Bay , from whence we can see the Ships in the Bay , the Fort we have raised on the Mouth of the Bay , and as far as the Mouth of the River Darien : We can see above thirty Miles Southward , and have a fine Prospect of Golden-Island , and the Isle of Pines , Westward towards Porto-bello , and Northward towards Jamaica . The Hill is about a Mile in height ; so that we can see any Ships before they come within some Leagues of the Harbour . We Compute our selves to be about 50 Leagues North of Ca●…thagena , and as muc●… South of Portobello . The four Indian Kings or Captains on this Coast , visit us frequently in their Canoes : and the N●…tives are very kind to us , and sell us Plantains , Fowls , & c. ●…or Toys or old Shift A French man who hath married one of the Natives , informs us , that the Spaniards have Silver and Gold Mines on the I●…thmus which we might make our selves Masters of with a 100 Men ; So that if they commit Hostilities upon us , as we hear th●…y threaten to do , it 's not unlikely that we may visit them . We found some French Refugee●… in the Country , who are willing to settle under us , and having been several Years in these Parts , and understanding the Language of the Natives , are very useful to us . We have seen some Sand in the Rivers , which looks as if it were mixt with Gold , and in some places the Earth seems to be very much mixt with it : So that it 's concluded , there 's more Gold-dust here , than in any part of Guinea . The Indian Princes or Captains on this Coast , do somewhat resemble our Heads of Clans in Scotland ; and by their Converse at times with the Spaniards , and other European Nations , affect Christian Names . The first of these Princes we shall Name , is Captain Diego ; he commands f●…om the bottom of the Gulph of Uraba on this fide Caret Bay , and has 3000 Men under him ; he has been at War with the Spaniards several Years , occasion'd by an Insult his People had receiv'd from them , when they came to demand their share in the Mines , which they had discover'd to the Spaniards in their Country , on condition of being Partners with them : But when they came to demand it , the Spaniards treated them Villanously , beat and abus'd them , upon which they attack'd the Spaniards , cut of 20 of their Men , and three Priests that belong'd to the Mines . The next is Capt. Pousigo . He is an Indian Clergy-man , and Brother-in-law to Capt. Andreas . The Peninsula that we possess , lies betwixt his Territory and that of Capt. Andreas , who together with his Brother , commands from Golden Island to the Rive●… Pinas . Their Command is greater than that of Pousigo ▪ but not so great as that of Diego . These Princes are very useful to us , because of their Neighbourhood and Consa●…guinity to one another . Capt. Ambrosio commands from the River Pinas to the Samballo●…s : He is a man of about 60 years of age , but strong and vigorous , well limb'd and of a stern Countenance : he is a mortal Enemy to the Spaniards , with whom he hath had a long War ▪ he is esteemed the bravest of all the Indian Captains . His Son ▪ in ▪ law Don Pedro having been taken by the Spaniards , and kept by them as a Slave at Panama , he can never forget no●… forgive it them : This young man is a great Friend to the French , who they are made to believe design to come and settle among them . Ambrosio and his Son in Law prest us much to come and settle in their Dominions , and join with them to make war on the Spaniards : We gave them fair Words , and promis'd to come and view their Coasts ; which we accordingly did , and in our Way thither , four Leagues Westward of our Settlement , we found an excellent Harbour , capable of 10000 Sail ; but it cannot be defended without many Forts : Here the Privateers used to come and careen . Capt. Ambro●…io's House lyes about a L●…ague from the Water side , on the bank of a River , having 12 lesser houses about it : When we drew near it , he advanced 50 paces to meet us , being attended by 20 men in white loose Frocks with Fringes round t●…e bottom , and arm'd with Lances . He saluted us kindly , and gave us a Calabash of Liquor almost like Lambs-wool , made of Indian Corn and Potatoes . His house is 90 foot long , 35 broad , and 30 in height , curiously thatch'd with Palmetto Royal , and over that Cotton leaves , the floor is of firm Earth like Tarras , very smooth and clean the sides are compos'd of large Canes , as thick as a Man's Leg. In this House live Ambrosio and his Son in Law Don Pedro , with both their Families , consisting of about 40 Persons . We saw Ambrosio's Grandmother there , who is 120 years old , and yet was very active in getting things ready for our Entertainment , she has 6 Generations deseended from her now in the House with her , the People live here to 150 and 160 years of age ; but those that converse much with Europeans , and drink strong Drink , don't live so long . From the Samballoes to the River of Conception , the Countrey is commanded by one Corbet ; who is altogether in the French interest , he having contracted a Friendship with ●…heir Privateers seven years ago , and done them many good Offices . They promised to reward him ●…f he would go to Petit Guavus , and in his way thither he was taken by an English Privateer , & carried to Jamaica , whence the Governor of Petit Guavus got him releas'd . He was with Pointi at the taking of Cartagena ▪ and has a Commission from the French to be General of all the French and Indian Forces on that Coast , and to take , sink , and destroy Spaniards or any other Enemies . Yet the French themselves , and the sensible part of the Indians , don't put any Confidence in him ; and Ambrosio who is the bravest of all those Indian Captains , keeps him in aw and within bounds . Next to Corbet , there 's another of their Captains call'd Nicola , who is said to be a wise , brave and good natur'd Prince , insomuch that the Indians had a mind to have s●…t him up instead of Ambrosio , who is of a rugged military temper : But Ambrosio's Authority and Power is so great , that they did not find it practicable . Nicola is a mortal Enemy to the Spaniards , and can never entertain a good thought of them ▪ since the Governor of Porto Bello rob'd him of a curious Fusee that had been presented him by some of the Buccaneers ; and being out of Order , he sent it thither to be mended ; upon which the Governor taking a liking to it , kept it to himself ; and sent Nicola another sorry piece instead of it . Since we came hither , there have been an English , a Dutch , and a French Ship in our Bay. The English Sh●…p was Capt. Long in the Rupert Prize ; he had been in the Gulf of Uraba , but he himself and his Men own'd , that they had not then been ashore there . He hath some way or other disoblig'd the Captains Ambrosio and Diego . Tho we treated him with all possible Civility , yet we are since inform'd that he hath been a days Journy into the Gulf , and endeavour'd to incense the Indians against us , telling them that we were Privateers , and that the King of England would not protect us . He left some Men in the Bay , who have since kill'd some Spani●…rds , and came to us for Arms and Ammunition , but we told them we could not grant them any , and that they had done what they could not justify . We gave them however what was necessary for fitting up a Boat ; and as a reward . they 〈◊〉 away the Carpenter and Mate of one of our Ships call'd the Unicorn . The Dutch Ship that came hither was afraid of the Spanish Barlavento . Fleet , and put in here for protection , that Fleet having made prize of another Dutch Ship of 32 Guns , and of two English Sloops for Trading on those Coasts . The French Ship that put in here , was that which was order'd to carry back the Church-plate , &c. to Carthagena , did afterwards bulge on a Rock , and was cast away in our Harbour . We sav'd all their lives , and Capt. Pennicook our Commodore endanger'd his own Life to save that of the French Captain . He inform'd us , that the French had 4 Men of War of 50 Guns each , who thinking we had a design on the River Mississipi , were gone to the Gulf of Mexico in quest of us . The French have been very industrious in cultivating their Interest , both with the Natives and Spaniards in this part of America , and doubt not of having a good share in those Countries after the King of Spain's Death . They have got a great Interest with Captain Ambrosio . by means of his Son-in Law Don Pedro , whom they Carress extremly , and design'd to have carried him to Petit Guavus , and from thence into France , to aquaint the French King with the favourable Sentiments the Indians have en●…ertain'd of the French , and of their design to surrender themselves into his Majesty . This has been projected by the French a long time , but the King of Spains indispositio●… , and their pretences to that Crown , made them refer it ; and it s no doubt but our Settlement will quicken those Resolutions . Captain Andreas Capt Pedro his Brother , Capt. Diego , and Capt. Pou●…igo . our Neighbours , have no manner of Correspondence with the French. The Letter hath acquainted us , that there are several Gold Mines within two Miles of our Settlement , which he hath promised to shew us ; and he hath actually let us see several Samples o●… fine Gold. This being the Substance of several Journals , that were sent from our Colony in Da●…ien , upon their first Settlement there , we hope its sufficient of it self to satisfie our Neighbours in England , of the Justice of our Cause , of the equity of our Proceedings , of the true Reason why the French are so much our Enemies in this matter , of the greatness of the providence that has put us in Possession of that post , and that it is Englands Interest to join with and protect us , by which the Designs of the French against Europe in general , and Grèat Britain̄ in particular , may be Defeated , and the English West-Indies Trade secur'd . But since by the Proclamations before mentioned , which treat us as Rebels and Pirats in America ▪ for what we have done according to Act of Parliament in Scotland , our Ships may be in danger of being attack'd by other N●…tions as Pirates , and our Colony discountenanc'd and oppos'd on that account by the Natives ; there 's no reason that our Neighbours should think strange i●… we complain of that unkind usage , and endeavour to lay before them what may Probably be the Consequences of such Proceedings , without being Construed either to threaten or to wish , that any ●…uch thing should happen . It being evident that by offering to admit the English as joint . sharers in our Trade , we entertain no Sentiments but what are Friendly towards that Nation , being satisfied that all those who wish well to the Protestant Religion and true Liberty , are Enemies to any thing that may occasion a breach of the Union and good understanding betwixt us . Yet it must be own'd that we have but too great reason to complain of the Hardships we suffer by the Union of the Crowns , which it is in the power of England to remedy , by complying with the gracious Proposals of uniting the Nations , repeated in Pa●…liament by his Majesty , who-like a true Father of his Country . has expos'd himself to the greatest of dangers to procure the Welfare and Peace of his Subjects , by which he has made an absolute Conque●…t of the Hearts of all good men who are unanimous to join in the like Prayer for him , that the Israelites of old put up for their Kings , viz. That he may live for ever . FINIS . Notes, typically marginal, from the original text Notes for div A40373-e460 * 〈◊〉 New Voyag●… and description o●… the 〈◊〉 of America . p. 11. 6●… , 149 , 150 , 151. 
A42385	----	A progenie, of prodiges: or, treasons arraigned, convicted: and condemned, discovered. In the many successive practises: and succesles [sic] attempts of the Hamiltons to gaine the crowne of Scotland. Gardiner, Robert, fl. 1649. This text is an enriched version of the TCP digital transcription A42385 of text R223636 in the English Short Title Catalog (Wing G243). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 112 KB of XML-encoded text transcribed from 34 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A42385 Wing G243 ESTC R223636 99833925 99833925 38403 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A42385) Transcribed from: (Early English Books Online ; image set 38403) Images scanned from microfilm: (Early English books, 1641-1700 ; 1830:14) A progenie, of prodiges: or, treasons arraigned, convicted: and condemned, discovered. In the many successive practises: and succesles [sic] attempts of the Hamiltons to gaine the crowne of Scotland. Gardiner, Robert, fl. 1649. [16], 50, [2] p. s.n.], [S.l. : Printed in the first yeare of King Charles, the second, 1649. With a final errata leaf. Reproduction of the original at the Trinity College Library, Dublin eng Hamilton, James Hamilton, -- Duke of, 1606-1649 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A42385 R223636 (Wing G243). civilwar no A progenie, of prodiges: or, treasons; arraigned, convicted: and condemned, discovered. In the many successive practises: and succesles [sic Gardiner, Robert 1649 20234 824 0 0 0 0 0 407 F The rate of 407 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-01 TCP Assigned for keying and markup 2007-01 Aptara Keyed and coded from ProQuest page images 2007-06 Elspeth Healey Sampled and proofread 2007-06 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PROGENIE , Of PRODIGES : Or , TREASONS ; Arraigned , Convicted : and Condemned , Discovered . In the Many successive Practises : and Succesles Attempts of the Hamiltons to gaine the Crowne of Scotland . Hic niger est hunc , tu Britanne caveto : Nemo potest diu personam ferre fictam : cito in naturam suam recidunt , quibus veritas non subest . Magna est veritas & prevalebit . Printed in the first yeare of King Charles , the second , 1649. To the Sacred MAIESTIE : Of King Charles the second , undoubted Successor to the Crownes : Of England , Scotland , and Ireland , defender of the fayth Sir . DId not my naturall duty and Allegiance to your Sacred Majestie oblidge mee to this performance , the Gratitude , and Reverence , I owe to the pretious Memorie of your ever Glorious Father , would provoke mee to this duty , Beesides both these , the trust and Imployments : I had the honnor to receive from him , engage mee to an account , and the discharge of my Loyaltie & Faithfulnes to you . Sr. I most humblie begge your Majesties pardonne , that I make that discouerie of such treasonable Practises , which will perplexe , sooner then Satisfie and quiett your expectation : The Subiect can give your Highnes no delight , when it onely discourseth , the Aspirings of an Ambitions Subject to a Crowne , of Rightes appertaining to your Highne . Sr. I should inexpressiblie Mourne my sad misfortune , should my zeale to your Majesties service and happines , mistaken encounter other effect , then what is cleerlie intended : The preservation of your life , and Royall Dignities . Sir , should the disclosing of these Treacheries and Falshoodes [ wherin I present most eminent truths ] unhappilie encrease , or continue the disturbance in your Majesties present and most important Affaires . [ I abiure from my very Soule the single thought of so bad a consequence . ] yet were I lest guiltie , then if I should conceale the traitor , and by a calme , inconsiderate silence , render myselfe accessorie to the Treason , If this contribute the least to your greate designes , I am highlie rewarded in my service . I have satisfied my conscience , and payde one debte , I owe to Truth to the God of truth , and to your Highnes , Gods Amointed , and Vicegerent my constant Actions shall witnes to the whole world , that it holdes not a Person more . Sir , your Majesties Loyall and Faythfull Subject . Rob. Gardiner : The Authors APOLOGIE . To the ROYALL Reader . CAMARADE . THou hast no sooner reade the Title in the Frontispiece , but I know thy Iudgement , Meethinkes I ●eare thee all ready pronouncing thy cen●ure . Alas poore , honest Gentleman , it 〈◊〉 greate pitty , he is mad . A Fooles bolt . Who but a Mad Man durst write so bold , ●ruths ? pray give mee leaue to creepe gra●elie into the witts , I am like , a young nim●le , prodigall Cashkeeper , unawarrs runne ●ut of , & to recover my creditt , before you ●ake out too hastilie this Commission of Bankrupte against mee . Et insanire cum Ratione . I had rather bee that Mad-man twice told you speake of , then a dull , sober Foole . I would choose sooner , to have my throate cut , for voicing any man Traitor then by his Good leave , conceale his name , and beecome interressed in the Treason , and for a conclusion bee hanged . There are others , that have throates too , and as fit to bee cut . Wee must see the hopes of our beeing , our well beeing The onelie support of our lives , our well , living hereafter , the Royall King , at whose Devotion wee prostrate our lives ; wee must see him , upon the precise minute of falling into those hands , those cursed hands , that subscribed the Murther of his Glorious Father of sacred Memorie , and sold ( him ) to those Murtheres , and themselves to the Devill to worke sim and wickednesse , wee must see him upon the criticall Now , of beeing beetrayde likewise , and we like Fooles , must digito compescere labellum , ●um , follow at that distance , the fright ●●e Apostles did our Savior when hee was ●eetrayde , and like pretious Disciples , ●ite the lippe for anger , and tacitely looke ●n I will not say with those lewd Transla●ors of the Psalmes wee will prevaile , our Toungs shall vs extoll . But to farre I 'le goe along with them , our toungs are ovrs ●ee ought to speake , what Lord shall ●s controle ? I would sooner eate my ●ayles , byte my fingers ends off , then ●ake no better vse of them ! lay my hand on ●y mouth . peace , and catche a mouse while others are setting a trappe to ensnare our most Hopefull King . and serve him as they did his too credulous , but never enough commended and bemoned , Father . There is a proverbe frequent , in every mans mouth in Scotland . He that deceives mee the first time the Devill take him , and not me , if hee deceive me the second time , the Devill take mee , and not him , but if the third time , the Divell take us both . The Devill take mee , if ever I trust any of them more . any of there Factions , there Divisions and there subdiuisions ? I know all there Hocus Pocus trickes ; I know the independent Mountebanke Lords that with there Presbiterian Zanies fil up one Presbiterian independent Classis . And wish they were all Pendant together . The English Arguile , and the Scotche Cromwell . I must acknowledge there is a Royall Loyall Party in Scotland , but who must Command them ? the King in Person , or that Person , I am confident , they will trust there Soules with . The Strafford of that Kingdome , and the Alexander of the world , but neither of them did such miracles as incomparable Montros . who can onely bee , by himselfe outdone ; I am strongly of there opinion , that perswade the King to remove him . I would presume to advise the same . onely I would assigne the place , whither : Send him considerablie into Scotland , to see what it is they can alleadge against him . His Allegiance . T is that indeede which must Chastise there saucie , unnnamerlie and peremptorie demands . there is a way of reclaiming these Haggard Rebells . keepe them sharpe , and then feed them morning , and at night with good sharpe two handed Swords . if they can disgest cold yron they shall have there Gorge● full . they will neede no other castings ▪ since hee left Scotland , they are returned with the Dogge to the Vomitt , and when hee goes backe wee shall see them with the Hogge , wallowing in the Myre . They teach preposterous and false Doctrine , that say Rebells will , bee tamde by yeelding . with which Caesaer was unacquainted . I doe not thinke it treason to say . I would see King Charles aut Caesar ant nihil . I wishe him a larger Empire . I would see him act over the Blacke Prince , and farre on t doe him . some thing that might cancell The Acts , and deface the Monument , of preceding Ages at which Posteritie , showlde gaze with wonder . He is ●ot inferior to any in Dignities and Ex●ellencies . and I covet to see him supe●ior to the whole world in Glories . Greater then Charles the Greate , hap●ier then Charles the Good . I would ●ot for a world ( it should bee the last ●hing in the world I would see ) his highe ●nd just designes disappointed pretences , ●nd coulorable Treacheries of those that ●ayde his Glorious Father low , and would ●is honnor in the dust had they him in ●quall power to dispose . this is too sad 〈◊〉 Truth , and the Truth is I am Mad . ●s I live and Breathe Mad : T is not op●ression , that makes the wise Man mad which puts my thoughts into this Distraction . I am a Fool ; yet to be preferd to a Knave . too much knowledge of there damnable design and Traiterous practises in Scotland , makes mee thus wildly deliver my mynde in Holland , and discover the naked truth to the whole world , in sheets . My Fears , least that sonne of Goodnesse the inheritor of all his Glorious Fathers Excellencies the now King , should give to much Credit to those perswasions and Counsells , that would call on and hasten his Ruine and undoing . Such feares disturbe mee . My zeale to his service , and my knowledge of there horridand dangerous subtilles transport mee : knowledge of crimes laesae Maiestatis cause in mee loesum Cerebrum . And my braines are crackte insteade of there Neckes . I showld grow Calme on a suddaine , did I see this cloud that hangs over the Kings heade dispelde , and those Evill Counsellors removed , that portend a storme , and prognosticate fowle weather , how faire so ever they seeme , to pretend . Reader farewell ! farewell for good and all . I cannot expecte to live above a mouhe having spoken so much truth , unless I lye in ; and Gallants hott in the distempers of there blouds , have a ●ust excuse the spring after the fall . I shall not keepe my Chamber , not that I would not bee found , but Toms , runne out of there wits , have ever the perpetuall motion , and there extravigant humor . at it of ram●ling a broad I goe in Danger but not feare of my life , who will bee so much Bedlam as 〈◊〉 Question his Cousen . yet I had rather fall by the noble hand of a Loyall Pretender , then suffer an unluckie Death by the common and rude hand of a Rebel Trooper in a Croud , that I shal not know to whome to owe the Favor of my Death . The Kings Glorious Martyrdom hath made mee ambitious of suffering . the Murthering of him makes mee in love with Deathe . when I see ye deadly hart , I shall imagine it Cupids , fall in love with Death and court it as my Mistris . I cannot live , and lye fallow . if I lye fallow , I am deade when I produce no fruits of my obedience . Till my sword shall bee rendred usefull , I must imploy my penknife , my Blade at the best , can strike but a single Rebell , at one blowe destroy but a Melancholly Trooper . one stroke of my Pen , can put a ragged Begiment of Rogues to a Route . a second . cut of a whole Brigade . one dashe more of the Quill , discomfit , and put to winge an hoaste of disloyall Traitors when they see there Treasons bee trayde ; if I fall in this happy service , I bequeathe all his Maiesties subiects . Loyalty for a Legacie . R. G. IN this exigencie of tyme and pressure of affaires when a general sadnes , and Kynde of despaire óreclouds & shaddows the face of things , as well as Men . I know nothing so necessarilie conducing to his Maiesties concernments as information ; which must not come lamely creeping forth , as if it were affrayde ●o view the light or bee seene by any and unawares bee disco●ered , but appeare in bold , naked , and iustifiable Truthes ! the King is in no cōdition to bee flattered , when hee is in so greate 〈◊〉 hazard , and visible danger of beeing beetrayde , and by com●ination of those factions who gave that fatall and cursed ●…owe to his Glorious Father , of euer belssed memorie . And ●resentlie threaten appairent ruine to his Royall Posteritie . Without Counsell no highe undertaking can bee succefull , or attaine to its wished period . Without information ●ounsell is at a stand , and fixeth the Pillars of Hercules , bee ●…re wee have performed the least of his labors . The end of ●ounsell is action , execution . The end of this designed action 〈◊〉 restore the King : beefore the King can settle and establish 〈◊〉 Throne hee must settle and confirme his Counsell . Which ●hile it continues in this unhappy distraction , his wauering ●●…d unfixt resolutions will bee so divided , that hee shall but 〈◊〉 certainlie know , to which , with best aduantages he should ●●…line when Faction , professing the same ends , with the Royall party labors in there pursuite to arriue at them by other , and most indirect means , and by the way endeauor to exclude them . I shall communicate freelie , what either the undoubted information of others , or my owne apprehension , and certaine knowledge hath suggested to my sense and iudgement . And since most men are ledd , and seduced by opinion , lett every one , [ it is an uncontrolable libertie that all men wil take ] frame what Arguments and censure hee pleaseth , from what hee finds most faythfully asserted . I hold myselfe obliged to the whole world to render a du● and stricte account of my observation and knowledge and wi● entirelie endeavor to vindicate truth so excellinglie pretious and absolutelie to rectifie , misinformed and erring iudgements I shall doe it with such impartialitie and so sincerelie , tha● nota Person liuing , of what faction soever , whithersoever hi● particular interests and Relations leade him , wil bee able t● disprove . There are diverse papers exhibited to the world in prin● which , beecause they are obuious to every common eye , purposely omitt . They discover the manifold Practises and A●tempts of the Hamiltons , for the obtaining of the Crown● and Governement of the Kingdome of Scotland , at which the have aymed , more then one hundred and twenty yeares , in constant proseqution of there disloyal designes . If wee examine seriouslie the whole tracte of the Dukes life and reflect on the series of all his actions , wee shall discov● no less designe of usurpation , and fierie ambition of rule , in hi● then in his Predecessors . Encouraged by several Prediction and Astrologies , to which that Familie is much addicted . shall beeginne with , but not insist on his desyres to the King 〈◊〉 Sweden , for his assistance to his uniust pretence : to who● David Ramsey was sent a Commissioner , who imagining h● Master already King , and himselfe his Embassador , stood n● upon bare ceremonies , but readilie putt on his hatt , in the presence of the King . The most material things worthy our observation and strict survey , are the Dukes Actions and deportments , after the pu●lishing of Mr Meldrumes scandalous & traiterous booke ; which declaring him to have the onely iust righte to the crowne of Scotland , cherished in him such an insatiate and implacable ●mbition of Reigne , that deathe onelie was able to extinguish the one , with the other . The booke was burned by the Hang●an , but the Author was entertained by the Duke , and relea●ed , after three yeares imprisonment in the fleete , notwith●anding the base aspersions of so inglorious a libeller . Touching the Dukes next designe , I referre the Reader to the depositions of the Lord Rhe , Lord Ocholtrie , Maior ●arstwike with diuerse others , extant upon Record , and sin●● published in Printe . His pretexte of Leavies for Germany . A 1630. was onely a ●lott to gett power into his hands , that having men in a rea●ines on foote , and well appointed , hee might , supresse the ●ing and Kingdomes by that power , ioyned with his factions 〈◊〉 either Kingdomes . The King , the people , all men in such ●rofound securitie , not suspecting the hidden and concealed , ●anger , were not able to make the leaste considerable resi●ance . The Duke had resolued to launch out into the deepe , and ●●ter two dayes sayling to returne to Hull , plante a garrison ●●d leaue a Governor , while hee showld march to London , ●yne with his faction , imprison the King in the Tower . And ●ere dispatche him by poyson , send the Queene to France ●rowne himselfe King of Scotland , declared to bee Prote●or of the young King . The Islande of Orcades were offered to the Lord Rhe , ha●ng a Regiment of fiveteene hundred men , to ioyne in the ●esigne . To this end the Duke procured twelve or ●●●●teene thousand Armes , to bee disposed pri●●●elie in sev●ral places of his interests , and caused diverse peeces of Cannon to bee cast , by his Cousen Alex : Hamilton in that Kingdome , Hee pressed the king to al Monopolies , of which himselfe had the greatest share . And yett had his emissaries to poison the people agaynst them , and to murmurre and cry out agayust the king in both kingdomes . Hee importuned the king to call Parliaments and then urged reasons to dissolve them , thus bee brought the king into hatred , and incited the people to commotions . While he alwayes studdied to send al persons , from Court malcontente Hee ordinarilie reuiled the king , and where hee had freedome tovent his expressions , had him in hate and derision . When hee was Deputed Commissioner for Scotland , hee had particular warrant to limitt and regulate Episcopacie , or pass from it altogether , as might best conduce for peace ; the king iustlie fearing , that the troubles and stirrs in Scotland if not quieted and appeasde on any termes would breed unrest in England ; and put his discontented subjects into a combustion at home , yett hee deserted the Assembly , suffering them to sit , abandōed the Governement , tooke with him all Officers of● State and purposlie let the Reines of Government loose that ye people might have ye easier libertie to rebell . Hee told the king , that if hee did not cut of those Rebells hee did not deserve to reigne , The king had done well to have beegunne with him yet double Toungde hee whispers to the people , the● king was a Coward ; the innocent death and uniust suffering of the King the guilt and deserved punnishment of the ●●ke speakes who appeared the cowart on the Scaffold , he advised them to hold the king strictlie to it , and not to depart from there unreasonable demands . Telling them if they gave him his will , hee would prove a Greater tyrant then Ne●ro ; when hee was first imployed with a fleete into the Scotsh Sease , hee might have either hindred them from comming to ●nntzlawe or , if he had landed in the North of that Kingdome , as hee was often sollicited , by the kings freinds hee might ●here have brought twenty thousand men on there backes , as is most notoriouslie known : but having five or sixe thousand men 〈◊〉 boarde , hee never made the least attempt . While hee was in the fleete , hee had private meetings every ●ther day , and conference with the cheefe of the Rebells com●ittee , discovered to them all the kings designes and provided , ●emedies against them , and either approved there counsels , ●r put them upō new proiects all his freinds of greatest intima●ie , and neerest relation to him , who were never accustomed 〈◊〉 desert him in the most uniust designes imaginable , were the ●nely mortal and most malitious enemies against the , king and ●emed in that onely , to appeare against him , his people , his ●angers on did ordinarily drinke healthes to king Iames the ●venthe and hee did tacitely allowe , and countenance it at ●●ch times as hee lay in the Kings Bedchamber , hee frequently ●●ed to searche his Majesties pocketts for letters , sent the dup●ates to the rebells , by which intelligence , the Kings freinds ●●re disappointed of there intentions to doe him service he so ●●btily insinuated with the king [ hee could picke thankes as ●ell as pocketts ] as he prevailed for a Commission to goe ●●o Scotland , with a coulorable pretence , to settle and com●●se there differences : hee referred all to the determination 〈◊〉 a National Synod at Glascow , which hee soone dissolved , ●●d returning to the king incensed him against his subjects of ●●otland . The warre followed hee to himself purchased the ●●mmand of the Navy , hee came to the Forth of Scotland but ●●eatned by the Covenantars , who sent some to the ships to 〈◊〉 him knowe that if hee did preiudice them , they would discover all , and prove against him the Accusations of my Lord Rhe and Ocholtrie , hee desisted from enterprising any thing , conducing to the kings service , unless the munity hee enforced on his souldiers , aduantaged it , a pacification was made beetweene the king and his Subjects of Scotland who the insueing yeare inuaded England . The Duke held correspondence with the cheifest Covenanters . Hee perswaded the king to passe an acte for the Triennial Parliament ; and more to eternize that , while it was not to bee dissolved without there owne consent . Anno , 1641. At the kings goeing into Scotland , the Duke to ingratiate himselfe with the people joyned with ye Marquisse of Arguille in that faction , with whome , hee deserting the Parliament at Edinburg , retired into the Country , pretending a plott agaynst him by some Courtiers and Souldiers . At which tyme the king publikly declared in Parliament , that the Duke was the onelie man , had incensed him against the kingdome , how ever hee seemed now to comply with them . When hee was his Maiesties commissioner hee often sayde in private , to the cheife Covenanters , that nothing would prevaile with the king but force , and necessitie . When the Earle of Traquaire beeing Commissioner in Scotland , did returne to London , hee concealed him ten dayes in his Bedchamber , gave no occount of his trust to the king , till they had resolued on a bitter relation agaynst the Scots , which compelled the king to declare a warre , which done , hee sent them informations , advertissements , helpes and assistances to state them in a condition , of defence . Hee did subtlie weave himselfe into the Command of the Navy the second tyme , hee provides it with a vast expence ▪ pretends ( as hee knew wel to dissemble , though unfit for Reigne ) some easy discontents , causeth all the Ships to bee unvictual'd , the stalladges and other necessarie accomodations for horse & foote to bee demolished , within ten dayes following , hee urged to have his charge renewed , 〈…〉 to bee reuictuald hee brings a saucy bill of Fare ; the 〈…〉 chargeth the account , upon his one score , the ships up●n the Dukes , to which , beeing cheife of his cabbinet Counsell , hee had perswaded him in a very short tyme . Thus are the Kings Treasures unnecessarilie exhausted , and tyme allotted to the rebells in Scotland to advance in there undertakings . When the king had made a prosperous progres in his affaires ●nd had very neere subdued all his opposers in England , when ●ee had reduced the whole Kingdome to his obedience except London , and three or fowre other Garrisons , and those few Members who styled themselves a Parliament had no visible meanes left to preserve themselves , or oppose the King , but the ●uiting in of the Scots , when it was if not possible , at least ●ery difficult , for the Covenanters to afford , or contribute ●ny considerable assistance to there confederates in England , if ●hose who protested themselues the kings freinds in Scotland ●ad faythfully acted there Parts ; then Hamilton thought it ●ighe tyme for him to passeover from the Covenanters , and ●retend for the king that having free accesse to his Counsels , ●e might at pleasure betray , and disappointe his designes ●●hen the incomparably noble Marquis of Montros had at ●orke informed the Queene , of the Scots conspiracie , and ●ad fully represented to her Maiesty , the treacheries and ●mminent danger of the Covenanters , had unripped there ●olicies and unmasked all there devices , when hee advised 〈◊〉 mature prevention , and by anticipating there designes , to ●pell force with force . to which more then a bare lawfulnes , 〈◊〉 in evitable necessitie did vrge . The Duke posted with more ●ast then good speed to Yorke , with a coulor to kisse her Ma●sties hands and congratulate her safe arivall into England . ●om whence he had formerly designed to send her on an Embassy : but his plot was entirely to overthrow and confound the seasonable and faithfull counsells and perswasions of that truly perfectlie Loyall Soule , that Man of Honnor the Marquis of Montros , he possessed the Queene how rawe , indisgested , rashe and Dangerous the counsels of the Marquis were and altogether condemned his iudgment and in that his owne vvhich in all mens ought to bee highlie preferd to the Dukes Opinion , he did more then put a remora , to retard , he gave check to the Marquisses high undertakings and by subtile art and cunning , gott the disposing of the Men and the whole game iuto his owne hands by which meanes after , hee gave checkmate to the King he offers by faire means to hinder the raising of an Army in Scotland , if the too often deceived King would trust him with the managinge of that buissnes , to rende 〈◊〉 it more plausible , he promiseth to performe it , without trouble or expence to his Majestie whose bagges hee had milkt before ; such easie proffers have ever a powrfull influence on princes reduced to want and irresistible necessitie , but his vile an● cheape counsels , which hee alwayes gave for nought cost the King deare by dissembling a danger , hee had contracted o● himselfe from the Legislative Covenanters , and counterfeitin● the hazards he seemed to run , although hee came not withou● there privitie and allowance and abundantly furnished with there treacherous instructions , hee gayned from the King a●● absolute trust . Returnde to Scotland , hee made greate Professions at hom● as hee had done abroade and would have gladly seemed the most joyous , and most zealous person living for the Kings in●terest , yet in all his proceedings , hee crossed the advices an● resolutions of the Kings freinds hee betrayed the Kings tru●● and filled up the blanks committed to him , with the King● approbations to that Convention of Scotland , where a leavy o●● twenty thousand , men for England , and sixe thousand fo●●●reland were ordained . The King advertisde that the Co●enanters had indicted a Convention of state without his con●●nt or knowledge did write a letter to the Duke and those of ●●e counsel to discharge the Convention , the Duke concea●ng the letter desired the Earle of Kallender to conferre with ●●e Earle of Roxbroug , and some others , best affected to his ●ajestie to aske ther aduise they all unammously concluded , ●●e King should disclayme the Convention , and declare it ●●egall but the Duke , [ who without the Kings knowledge ●●d consent , and contrary to ye lawes of the Kingdome inter●●sing the Kings name and Authoritie , had invited , and com●lled the Covenanting Lords to frequent Assemblies ] ac●●aints them by the Earle of Callander , that it was the Kings ●●tention and purpose , to approve the Convention , with some ●●w restrictions , and limitations ; this false suggestion of the ●uke , made them to alter there aduice the King never having ●rboured such a thought untill it was insinuated , to him by ●●milton as the advice of a freind from Scotland , that there ●●ere probable conjectures and posible hopes , to overpowre 〈◊〉 Covenanters , And carry the matters in the Convention , 〈◊〉 the Kings advantage , or at least to impede and obstruct any ●●stance to bee sent into England against him . Thus the ●●ngs expectation , was deluded and the hopes of his faithfull ●bjects in Scotland frustrated , while both , were induced by ●●e Dukes Policie to approve and countenance the Convention ●●d the Kings affaires suffered an infinite prejudice when at that ●●me it was very feosible to have supprest there confederacie 〈◊〉 its infancy or growing Estate , ere it had aspirde to that ●●ighte and perfection , since Scotland wanted not , rather a●unded with Men Loyall , trusty , and valiant , those men wan●●d neither power , or those necessarie accomodations for ●●rre , the sinewes , the ligaments that Causa sine qua non , ●oney , onely the Kings Commission , by which they should have power to act , was deficient with which once inspired , they would have attempted any thing , might present danger , and administer any occasion to express there honorable reguard to the Kings most inestimable life , and Royall dignities . Delay ( in affaires of greate importance ever dangerous , and to bee avoyded ) could onely destroy there hopefull designes then , a● our just feares are , it will doe at present ▪ there are too many sa●… witnesses of the Dukes and his Brother the earle of Lannerick● Deportments in that Convention , and afterwards ; there Actions were in no wise answerable to there promises in there conference with the Noble men that were well affected to the King , they refused to joyne with them in a course of oppositi on , or to give there approbation , that they should actuate without his Personal appearance in the buisines , these that would have aduentured there Fortunes , there lives , whatsoever wa●… Deare unto them , for his Majesties preservation were ignominiouslie betrayde . When the Duke for his heinous Crymes and Treasonabl● Practises , was justlie committed Prisoner to Pendennis Cast●… his Brother the Earle of Lannericke , deserted his Majestie● service at Oxford , and secretlie conveyed himselfe away having no excusable pretence , unless the Dukes deserved imprisonment can justifie his Defection from so Deare and Bounteou● a Master , that to the Duke had ever given more then hee could deserve , and no more in this then what hee deserved . Lanne ricke preferrs the safetie of a Brother to the preservation of hi● Countryes Father , to save one , on whose beeing some particular Freinds , and Followers had dependance hee leaves as much as in him lay , the King to the mercy of his ennemies to bee destroyed , in whose life and well beeing the preservation and securitie of three Kingdomes did alone consist . Hee repaires to London , joynes himselfe to the Scotch Commissioners , for which hee will never bee able to repaire his weatherbeaten reputation and blasted honnor . The Commissioners welcome ●s revolte and congratulate his dishonorable retreate from ●s Masters Cause and Service . They dispatche him away to ●ere Army , by sea , with Letters of Commendations . From ●e Army hee beetakes himselfe to Scotland , where in a sol●●ne meeting in there Parliament , he not onely protested that ●e was penitent for his former carriage in adhering to the ●●ing , but that hee would not have deserted his Master untill ●s Master had deserted God [ well sayd thou good and ●thful servant ] he declared publiklie that it he did see visiblie . 〈◊〉 Religion destroyed , and the Mass openly mantained and ●●ofessed both in the Army , and at Oxford [ a zealous convert ●at speakes more then the Truth , ] hee hath no sooner given ●idence of his penitent and Contrite heart , but they are mer●full to the Sinner , they receive him into there honorable ●●cietie , and adorne him with the reverent title of a Cove●nter [ a holy and blessed order ] Thus qualified , they admitt ●●e sanctifide Brother , to there Religious Counsells and on ●m immediately conferre the command of forces against the ●●ngs Majestie , which hee like a gratefull and Loyall Subject ●ost thankfully receivesly how vigorous and stirring he proved 〈◊〉 all his undertakings with the Rebells , all men , that know ●●y thing of that Kingdome perfectie know , hee did showe ●●ch rare feats of his Activitie , in there Combination , that ●●th quicke and nimble motion hee skipps into the place of a ●eading Member , hee appeared like a Ruling Elder , nothing ●s done , or indeed could bee done , without him , at that ●eate Battaile of Kilsythe where sixe thousand Rebells were ●yne under the well managed Conduct of the Noble Munt●s , hee had drawne together one thousand foote , and five ●ndred Horse , of his freinds and Followers , which were on ●ere Marche within seven miles , to have joyned with the ●●bells not with standing all the intreaties , and sollicitations , perswasions , and promises Loyall Montros did use , to make him joyne with him , in the Kings service , against which hee stubbornly persisted , and continued in Armes and opposition till Montros by the Kings express commands , had disbanded his Forces [ the Royall Party . ] When the King was at Newcastle , hee was crediblie informed , that upon a serious consultation amongst the Covenanters , what instructions they should send to the Scotch Commissioners residing at London , concerning the King who as they sayde was the Author of so much bloushed , the Generous Earle of Lannericke gave out these words : VVee can never have Peace so long as this King or any of his Race remaines . [ A worthy position ] but wee deny his Major and his mino●… and pray against his Conclusion , touching the race of the King ▪ an Argument hee may chance to runne himselfe out of breath● in ! upon another occasion hee delivered his mynde in these words . VVee can have no difference of Monarchical Governement all the Difference will bee , who shall bee King . His scrupilous conscience needed not have raisde so dangerous a doubt , it may bee , hee expects the accomplishment of his horoscope , wherein ( as himselfe since related , hee had so grea● confidence ) that when hee was thought to bee in danger , before his Escape from Oxford hee was heard to say . Hee was sure hee was not neere his Deathe for it was promised him that beefore hee dyed hee should bee greater man , then was safe for him to mention . [ Would hee be more then a Duke ? ] if his Ambition cannot ●●e satisfied with his Brothers title , God send him his Place ●●o ; hee may bee an Angell in heaven , but must not a King up●● Earthe , unless hee designes to rule some new Plantation , the ●●d Brittaines preferre the Stewarts to the Hamiltons . Some old wives in Scotland affirme that the Midwife at his ●●tivitie , out of the strengthe of all inspird , did Prophesie most ●wrefully , and lett some odde and strange things droppe from ●er , they say with all that hee was an eminent witche . When the Duke was set at libertie from imprisonment and ●●e to London , he was heard say . VVherfore shonld he go to the King [ then at ●ewcastele ] how could hee ever trust that man who ●●en hee was in power împrisond him . [ I wonder hee did not doe it sooner and that hee had trusted 〈◊〉 so long ] this unhansome expression discovered the re●●ment hee had of his imprisonment . When hee came to Neu●astele , he and his Brother Lannericke , did undertake to the ●●ng , to carry him into Scotland , which if they had performed ●●cording to promise it had beene very easy for ye king to have , ●●gaged that Kingdome , and there Army , for restoring his Maje●●e to his just Rights in England . But his comming into Scot●●d and there designes were incompatible . his presence there ●ould have to much Ecclipsed there Greatnes , and have clipte to ●ort the wings of there too highe-soaring Ambition . they divert 〈◊〉 from his resolutions , with faire pretences leading him along , 〈◊〉 a strict Guarde was sett upon his Person . Withi● some few ●yes after he was delivered [ being sold ] to the Parliament brokers the Parliament of Scotland they made a faire semblance of reasoning for the King , had a pretty flourish , a skirmishing in words but when it came to the pushe of a Vote conceruing his deliveri● the two Brethren in iniquitie were in the Negative themselves but al there freinds and dependants , whose voices they vsed t●● command with the same freedome , they did there own , were a●●together in the Arffirmative for selling the King contrary to the aforsayde Brethrens promise & asseurance to his Majesty . Tho● greedy Merchants that so fierclie voted for selling the King , we●● as violent in there debates for making the Duke General in ther● late engagement , for when not onelie the lawfulnes , but the unavoidable necessitie of ingageing in a warre against the Bre●●kers of that Covenant , of ever cursed memorie , with Englan● was made manifestie to appeare and had received the stampe , an● authoritie of the convened States . Duke Hamilton by the contrivance of his complices and the connivence of is competitors is Elected Generall . A Person 〈◊〉 of the most eminent Titles , so of the greatest Activitie and vigo● amoungst them ; hee , having had the command of an Army h● retofore in Germany , and for some few other intricate Reason it thought Fittest to command the present designed to go● against the common Ennemie , of the confederate Kingdome● They procede to levie men , which are lifted with that unwilli●gnes , and so slowlie , that they seeme to be too heauy a Burthe● for the Country , and the cause too light ; whatsover is so spe●●ouslie pretended by thes new undertakers , it is suspected 〈◊〉 most Men and beeleeved by many , the Good and happie beei●● of the King and his Royal Posteritie is the least in there intention● This was the Reason , why this new Model of a cause mett o●●struecion in the house ad oppofition abroade the Dissentors 〈◊〉 Parliament , having Abettor is in the Assemblie by whose Divi●● assistance , they were more then encouraged . for the Persoaha● brought the Caule into suspicion and controversie . In the most stricst examination , and disquirie of particular●●●ey found Argument and Ground enough whereon to raise a ●●rre but the Generall they had pitched upon , would not hold 〈◊〉 watter ; hee had sprung a leake beefore , & was not sound at ●●ttome . Had the Affaires be managed under another conduct , the un●fulnes of the ingagement had not beene imputed for sin . So ●●e was it iudged from beeing uniust , that by al sydes it was con●● to bee inevitablie necessaire . So much acknowledged to bee ●re D●ty , that Necglect would prove Periurie . They conclu●● in a kind of Dilcmma , either take up Armes , or shake hands ●●h the Covenant & part . Lay it altogether asyde , or vse the ●ost Endeavonrs to make it Good ; stand to it now , or lett it 〈◊〉 for ever . cowld the Duke in there opinion have beene as ea●● cleared as there other Doubts , the Church in all mens opi●●n had undoubtedlie gone along for Company . And those ●●pits wich were fraught with most bitter invectives , had beene ●ull of exhortations and motives . Large promises of Blessings 〈◊〉 beene the snbject of Sermons , that now abounded with revi●●s & bitter curses Yett I wonder not to heare him cald mad ●●gge to his Theethe , out of the Pulpitte at Edinburg , when no●● was so sold as his owne Chaplayne at Hamilton in his presence ●●urse the engagement & damne al such as showld prosecute it , 〈◊〉 doe I wonder at his impudence , when I know others the ●●ke had sent to , to exclaime and inueigh against ye unlawful en●●ement . Who out of conscientiousnes refusing were suddenly ●●cke dumme . Silenced by ye Assembly . All the vse they made , of Preaching , was first exprobation to 〈◊〉 Duke , and Commination to the People . Which hee him●● heares with that wonderfull Patience , that hee seemes ra●● pleased with the Doctrine then offended with the Applica●● : that not one of them was ever in Q●estion ; calls the Hearers Q●estion , & might putt it out of doubt , they were conscious ●hat they had heard an Ordinance is provided to stoppe there mouthes , which they open theu vider to there very faces The Duke takes notes , but no notice of there Sermons , beeing very confident , as hee often affirmed , all they cowld vent in those places , would not suffice , to prevent his Designes , which i● the unhappy event proved too trve . Yet by this A●t by this cunning of preaching the Levies are almost every where retarded in the West they rise to oppose them . the insurrection is brough● soneere the Dukes owne Gates , that wise men imagined , it wa● contrived within , for his own Vassals were as buisie as the best● And the cheife Actors and Leaders of the R●bellion , were left a● libertie to sitt downe , till the dispersing of the first , and the Gathering together of the second Levie might administer a fresh occasion to manifest whose children they were . If the Dukes designe was to ruine the wel Affected to the King and the Royall Partie as it was rationalie conj●ctured , then i● very much did conduce to his purpose , to preserve so necessarie instruments for perfecting the Worke where hee had layde 〈◊〉 most strong foundation . Hee had soone discovered of what excellent use thay would prove in due tyme , that had alreadye supdlyde him with a hansome excuse that his motion to the assistance of the Royall Party i● England might not bee censured slow , and the delay , to which se●emed inforete , receive some coulour to iustifie the reason , though the insurrection it lelfe had none . Before that time , there Deportment to the English had received a scurvy construction . Little were they beholding to them for the advancing of there Affaires , when all arts and industrie was vsed to holde them backe . there diligence and utmost Powers would have beene imployed to the advantage of there undertakings , had the Duke simply espoused a Quarrell for the King , and not a Quarrell against him , for one of his Kingdomes to which that an easyer way , and not so open , may bee found t is thought expedient to destroy first his Maiesties knowne Faithfull , Freinds in England those fir●●e Pillars once removed , the Royall Pallace must fall , being ●o longer supported . whose ruine that it might be certaine , ●●nd unsuspected , Prerogative must receive its fatall wound ●hrough the sydes of a pretended Loyaltie . Sir Marmaduke Langdale is treated with . A Person whose ●ndoubted integritie , and perfect courage had so powrfull in●uence on his Majesties Party , that from all parts hee was able ●o drawe forces to his Assistance . Hee is permitted to take ●erwicke and Carlisle and pntt in Garrisons , but upon this ●ondition , that they bee surrendred into the Dukes possession , 〈◊〉 soone as hee showld enter into England , with his Army . As ●laces to retreate to , showld his Army bee beaten . If he had ●estined them to that end before , it was a subtile plot to dis●ossess the Kings freinds , and secure those Townes in the ●ands of his professed Ennemies . It cowld not bee expected , ●●e Army once vanquisht those Garrisons would hold out long , ●onsisting all of Officers and Souldiers at the Dukes Devotion . Sir Marmaduke Landale had purchased so greate a reputa●on , by the surprise of Berwike and Carlisle that his forces are ●ery much encreased , by a confluxe of people from those ●diacent parts . Men are not wanting to him so much as Armes , ●f which hee stood much in need yett every one had his Brest ●rmed with resolution and Loyaltie , not intending to turne ●ere backes on the rebellions ennemy . Messingers are dispatcht to the Duke to desire a supply ●f Armes , tustie expecting a readines in them to further and ●romote there enterprise , from whome they had received en●ouragement to attempt it . Although there necessitie , and the greate consequence is ●ade to appeare , there is little showe of compliance while ●ere demands are unsatisfied , by much sollicitation and im●ortunitie , five hundred Armes to Berwicke , and three hundred to Carlisle are privatelie conveyed . For the Duke will not bee s●en to allowe or countenance there procedings albeeit the beeginnings were warranted with promises of his Graces assistance . Which being at any tyme implorde , was at no tyme so ready as an excuse . And that backte with reasons to coulour the ne●glect . A further supply of Armes is required , and promise made to restore them so soone as there Souldiers showld march to the Borders . Protestation is made they have them not . Some Armes there are of the old Generals but they will not make bold , to handle them withou● his leave , which , I knowe not if they ever askte . So little i● hee there freind , whom they feared to make there ennemie ▪ that those Armes are reserved for ther destruction which prob●●bly mighte have proved there preservation . They choose rather to prejudice there certaine freinds , then hazard the offending of one , at that tyme doubtful , but after there declare● ennemie . This not granted , they are desired to furnish them● with so much money , for the present occasion , and they woul● take care to provide Armes , there beeing then Good store i● Leithe and for caution , they would make choise of wha● Notherne Gentlemen , they pleasde to secure themselves . They had mett so many occasions to disburse large summes ▪ that Mony was the hardest commodite to come by . Thi● slender excuse serving for a denial , no more is insisted on , bu● that they would procure them credit with the Merchants , & they would drive the bargaine , make the best marquett they cowld . But this demand also is supposed to be so unreasonable that it is not assented to , and it was thought as strang● that proposals to aduantagious showld meete so cold an entertainement . But t is no wonder if duly considered ; for ad●mitt the restoring of the King to bee the sole object of ther● purposes , then would the English forces share too much in th●●lory of the Action , and robbe the Duke of the honnor due ●●ohis Name . Suppose sinister and worse ends , then would ●hose forces with there daily Accruits , if tymouslie supplyde , ●ave growne to that greatnes and strengthe , it would not have ●eene in the Power of the Duke or the adverse Army , to who ●●e they seemed to bee destineda prey , to have gainde so easy a ●onquest . Notwithstanding the no helpe hee receives . Sir Marmaduke advanceth into the Country swells into a ●ody of fowre or five thousand horse and foote ; hee mar●eth forward , meets an open Ennemy and a secret order ●ot to sigh . In obedience to this order hee rerreats . The ●nnemie pursves ; hee forbidden to fight , secures his forces in Carlisle ; Lambert sitts downe beefore it . Sir Marmaduke , blocked up on one syde of the Towne is re●uced to an unnecessarie necessitie , a needles extremitie . He ends away to aquainte the Duke in what a posture his affaires ●ood , his Grace little sensible of the inconveniences would ●nsuer , etournes but an unsatisfactorie answer . Sr Marmadukes wants admitt of no delay , nor will they ●uffer him to bee in jest . Doubtfull of the Dukes intendments 〈◊〉 come , and desirous ot knowe certainely , what hee was to ●xpectt and trust to , dispatches a Gentleman to reneuw his for●er sollicitations and informe him preciselie of there reall ●●d insupportable condition . And importune his suddaine ad●ance . Colonell Lockher is sent beefore with twelve hundred ●orse to visitt the Borders , but the Plague was , hee hath no ●rder to releevi the distressed . Otherwise they might have , in ●l probalitie , performed that , in an instant , a longe tyme ●ould not serve to undo eespeciallie if they had at the same ty●e spared Collonell Gray five hundred or a thousand horse , ●hich were in a readines . And for which hee offered pro●ortionable pay to goe into Northumberland , of vvhich hee had beene undoubtedly absolutie Master . And had endangered the ennemyes Garrison in Nevvcastle vvhich they had resolved to surrender and of vvhich ye Duke vvas informed . A parte of the Army is not vvorth the hazarding , one blovve shall suffice to cutt of the vvhole . The Duke is now at length on foote , hee takes Carlisle into the Armes of his protection ; Marcheth forward , goes , as if hee had beene beewitcht into Lanchashire , and without performing any , the least considerable thing , his mightie , and all threatning Army is totaly routed , wee defeated of our expectation , and the trauaile , the hard labour of so many monthes destroyed in a moment . a strange Catastrophe , this suddaine execution made very many beeleeue they had received there doome longe beefore , that the Ennemy might giue the easier , and an irrecouerable ouerthrow order was taken to disperse them to there hand , the Reare of the Army beeing distant from the Van , more then forty miles ; good miles but bad wayes and there I leaue his Grace , where hee left his Army to bee disbanded after a strange new , mode , of which there is nothing left , but the sad remembrance . No sooner had the wellcome newes of the Armyes defeate● arriued in the West , but they rise in Armes beeing in a readines beefore and expecting this blessed opportunitie . The● Brethren in Fife had more Prophetike Spirits who wrote diverse Epistles wherin they made mention of the very Tyme● and so preciselie related particular accidents , is if they had consulted beefore with the Duke or the Devill . The Rebels in the west have slaine some of the intended second leuie in there owne Country , and beeing fleshte the bloud hoauds hunt for prey abroad . they aduance and threaten Edinbourough . The standing Committee , is running out of there witts , thy advise what way is best to take . They agree , they will not longer prosequute the late engagement , ●ut resolve the endeavoring to preserve and secure there ●wne Persons , by joyning those small forces they have to ●ose newly returnde from England . there old Secretarie is ●osen there new Generall : the same hand directs the Pen , ●d the Sword sing the second part to the same tune the good ●ukes brother is aboute to perfect what himselfe had leftun●one . Scarse vvarme in his but yesterday Title , hee hastens to ●s command ! the designe must not coole . Beefore hee secu●s the Tovvne , hee takes possession of the Fei●de . The Castle 〈◊〉 left in the hands of an Ennemie to keepe out freinds that ●ight as easilie have beene committed to the safe custody of freind , that vvould have kept the ennemie at a greater ●stance . Hee takes along vvith him the Earle of Glenkerne . The Lord Lynsey by usurpation Craford stayes beehinde to pro●de Armes formy Lord Mourtons Regiment . But beeing ●easurer and carryng the bagge not keeper of the Castle , hee ●ew better hovv to lay up , theu to distribute . hee stayes not ●ng , for the destroying ennemie approaching , hee flyes like ●icodemus to seeke a saviour by night , and at Heddington ●eets the other desciples , who vvere thither fled , not for ●e testimonie of a Good conscience , and here they lay the ●undation for there intended vvare . But the Generall vvants ●en , those men hee hath vvant Armes . Wee have a certaine ●nde of treasurer , and hee vvants money , vvhich vvould have ●ene much more acceptable to the souldier then his per●n . They send letters to recall General Majior Munro out of ●ngland , who beeing left beehinde to guarde the Cannon , his ●rees were preserved entire , when the Army disjointed fell ●to peeces . The Triumuirate , L. Lannerike , Lynsey and Glenkerne , march towards the borders , to unite with some scattered Tropes , that had escaped the ennemy and were come into Scotland . They meete at a Rendevous , joyne , and March to Dunce . The Lord Honby , and the Lord Lee , come with overtures for a Treaty with the Chancellor then in Armes about Edenbourg . They imbrace the offer ; send backe there proposals , vvhich if the ennemy condiscend to , they vvill prosequute the treaty wherin they hope to retoncile ther private differences , & vvith an unanimous consent oppose Cromvvel that bore intestine hatred to ther Nation . And so happilie recover ther lost honnor . This is made the ground , and pretence for a treaty . Yett wee were not ignorant that Letters were intercepted in there passage to Lambert ; wherin hee had order to hazard fighting with Sir Marmaduke Langdale on any termes , that if possibly , hee might joyne with them in the West of Scotland with whome they helde correspondence , and where himselfe was dayly with his forces , expected . t is a wonder to simple honestie , that rationall men ( for such showld men of those eminent places bee ) cowld imagine , that the westland people would combine with there ennemies , to repell there freinds , whome they had long beefore invited , and were now ready to entertaine . Of there inclinations to the one faction , and of there hate and aversion to the other this there second insurrection , had giuen a sufficient testimony . What expectation , what asseurance cowld bee had of those people now , that in the Pride and glory of a puissant Army durst with a few oppose , and dispute the unlawfulnes of the engagement ; would they allowe that for lawfull now , when there are as few to withstand them strong , at least in there owne opinion , both in number and Power . Nor were wee ignorant of the great disadvantage the delay of treating would bring upon our selves . And of what excellent ●se it would bee to our Adversaries , which they wiselie taking ●nto there consideration , demand there may bee a cessation for ●●veteene dayes , in which tyme they would endeavour to compose the discords then beetweene them , which they desired ra●her , and intended showld bee continued David Lesley thought ●●veteen dayes enough to putt his undisciplinde Mutineers into 〈◊〉 warlike Posture , and aboute that tyme , as after hee did Crom●ell would come to there assistance . There demands are thought ●oo hard , and unreasonable , to yeele to , Lynsey is appointed to ●o and meet with M. G. Munro . to invite him , to his owne losse ●ojoyne with us . To which hee is readilie perswaded , beeing ●imselfe a Person of much Gallantry , hee was confident they ●ent upon the same principles of honnor that hee did , nor did ●eesuspect any thing , but the Kings interest , to bee the object of ●ere bee gunne quarrell , and this continued controversie . Our ●ords like the Devill having compassed the earth returne to ●eddington , wher G. M. Munro . in a noble compliance with ther ●esires , gives them a faythfull asseurance of his utmost powers . At that instante Sir Iaruis Lucas , & Colonell Chater two En●lish Gentlemen of knowne Loyaltie and trust , are sent from the ●●maining forces in England under the command of Sr Thomas ●●insley with offer of there ayde and assistance , to the proseqution 〈◊〉 the warre wherin they were first engaged mutualie ; and although two or three thousand men were not at such a tyme in●nsiderable , they are rejected , and returne with a bare , a thred●re compliment , They camot come , they may not enter into ●e holy land , [ Scotland is Canaan ] without the Covenant ●ere mouthes are stopt , but beefore they face about . they are ●ld to aske a certaine question or two . First , if , that in case , Cromwell showld press so upon ●em , they were no● able to keep footing in there owne Coun●y , they would give them leave to come upon Scotch Ground ●eerly for there own preservation . By no meanes my Lord Lannericke cannot allow that in consistencie with his designes . that will call in Cromwell , wh● under a coulour of pursuing them , will with a greater an● more considerable number , joyn with the Ennemy to there in●finite preiudice , which to avoyde , they are advised to dis●band , when they are no longer in a possibilitie of making good there owne Countrey . which nevertheles did not divert Cromwell from his Designe and long purpose of coming into Scotland , but onely which was enough , weaken and destroy the Kings Party in England thus private Policie undermines , and Easilie ruines a strength , that being once joyned to them , the publike Ennemy would have encountred a difficultie before there overthrowe : counsaile seconded with seeming reason . pust a fatal and final end , to that force , would have begunne a new worke , that might have met a revolution , sooner th●n a period . The officers and other Gentlemen obtaine a liberty to secure themselves in Berwicke , under protection of there Garrison , but had not most of them provided better for there owne safetie , they had been secured with those that adventured a stay , in a Prison . yet was it desperatelie sworne , they would hazard all there Fortunes the last drop of there blouds , in the defence and iust preservation of those Gallant men that had so freely layde there fortunes , there lives at stake in ioyning with them . yet Barwicke is not onelie surrendred , but those Gentlemen , of whome there is no mention in the capitalation , are given up a sacrifice to there cruell Ennemy . and with the Towne , as if that were too little , they resigne up the preceding Governour , out of whose Custody they had taken it formerlie , it seemes , and may bee presumed , on purpose to put it into those hands . Now is the L. Lamericke ioyned to G. M. Munro there united forces discover a hansome Body , onely the L. Glenkerne is in doubt , vvhat face to put on it . Here is an Army ●●le to iustifie the cause , but the cause in it selfe doth not ap●eare to be iust and so not iustifie them . ( they told not this to ●unro before ) when in there letters to him they had coniured ●●m by his loyaltie to combine with them , and svvorn to him , 〈◊〉 prosecute the late engagement vvhile there veines contei●ed the least drop of bloud . notvvithstanding . there private ●greement at a Committe to desert it ) a tender conscience ; ●tisfaction must be given . it vvas thought iust , even by these ●ersons , and requisite to suppress them vvhen they did rise ●efore in the West and is not it equalie iust to destroy them , ●ovv , that made so ill vse of there former Mercy . The Persons are the same onely more in number , the cause ●f there Rebellion is the same , onelie t is not the same Re●ellion . t is another , but to the same tune , the second Re●ellion for the first cause . vvas the engagement at first lavv●ll , and is it unlawfull to pursue it . The engagement is not less lavvfull , but vve are less able , so ●ore unvvilling to continue in it , to make it good . The Duke ●vanquisht , gone to the Dogs , and vvho knovvs vvhat vvill ●ecome of poor Lannericke and us ? The Duke is dovvn the ●inde , and Lannericke will but swime against the streame . 〈◊〉 Yet if the refractorie Ennemy condiscend not to there de●ands , which onely tended to there owne preservation , t is ●estionles most lawfull to engage the poore , deceived Soul●er to fight it out to the last man . The proposals are rejected ●e word and signe are given , wee advance , and approache the ●nemy with such boldnes , as if wee resolved , either certaine● to beate and conquer the foe , or at least to make sure of the ●ippe , then in Leithe Roade , that was sent with Armes from ●e Princes highnes to the L. Lynsy and L. Lannericke , which ●d been no ill service , considering my L. Mourtons Regi●ent consisting of about a thousand men were quartered within ten miles of us , and stayde beehinde us for wante of Armes . A Commanded Party is sent out , which about Musslebourough rancunters a Porty of ye Ennemyes horse , who beeing so uery lately borrowed from the Plow , were as unacquainted with this new trade as there rawe Ryders , they drawe backe , and both make use of there heeles , and in there flight leave about ten , beehinde them , which being dead , weight , were too heavy to carry and there they gave the first proofe how they meante ( not ) to fight . The whole Body of our Horse advanceth to Musslebourough the sands by r●ason of the sea were not then passible . we march● to the Bredge , wher vve maks a halt , and in a cecem●ny give the● foote the way to march before us . while wee are sent to seeke out new adventures , to finde a pass , and where the river was fordable , albeit wee might have marched over the bridge● before our foote had come up . wee have discouered a passe ▪ where some of our men having crost the river they are cal● backe with a witnes , Rouges , for obeying Commands . That they might more asseuredly prevent enc●unters , the Foote are commanded backe , to quar●er in the Towne and the horse behinde them , least happily we might gaine too grea● an advantage over the enn●my . the next morning care is take● to give them asseurance not to come , to quarter within thre● miles of Edinbourough . and now are they at rest , for they are sure to hinder our meeting . The Ennemy intends not t● forsake his ●renches , yet about five h●ndred of there Horse● had made a long retreate upon a supposed Allarum the nigh● before ; if Fighting must have decided the controversie it wa● seared the rest would not have stayde long behinde , but to encourage , and secure there stay , we March avvay , about the promised distance . and leave behinde us a Pavvn , as an asse●●rance of Fidelitie to them a Shippe vvith Armes to dispose a● they thinke good . and novv they rest vvith there Predecessor● 〈◊〉 the Castle . The L. Mourton may secure his foot in the ●hippe , it is not likely the old Generall that good subiect ●il furnish them vvith Armes novv , that had denyde them ●efore . if he vvithhelde those vvhich vvere intrusted in the Castle for securitie , vve my iustly expect , for his ovvne sa●●tie , he vvill , not part vvith a lavvfull Price . All the accounte the t King vvill r●ceive . is , that his Armes ●e in Hucksters hands . they vvere malignant Armes , though ●ot in the unlavvfull engagement , and are committed to the ●astle for safe custody . but novv they are conuerted , and if ●e Castle secure them they secure the Castle ; and such Armes ●ithin the vvalls , are good collaterall securitie . If they cost the King dear , to purchase them at first , it ●ill stand him in much more , to redeem them now . though ●ings at second hand usuallie go lesse . they are bought and ●ld the second time , or betrayde for nought . his Highnesse ●ust expect as much ; if ( which heaven forbidde ) he fall into ●e same hands . Yet they deale more faurtably with the Earle 〈◊〉 Castles . who having taken up his Quarters in Lithco . is ad ●rtisde before of our approache . That the world may know to whom he owes this courtesie ●d his preservation , the provident Lord Threasurer , unwil●●g so good a friend as Castles , showld be the first should suf●r . dispatches before hand . a messinger to informe him cer●●inly of the danger of his stay , and our Armies advance . which ●d he not with speede avoyded , he might have been sent to ●ilde Castles in the Aire . That he might have time enough to escape vvith his vvhole ●egiment , our Horse are dravvn up to Quarter in te Feilde . G. M. Munro having intelligence of the ennemyes Quartering 〈◊〉 Lithco . Encourageth his foote as unacquainted with his de●gne , as hee unknowing of Lynseys , to march that night to ●thco . There needed not much Rhetoricke to perswade to a Good towne , the Souldier wearied with tedious matches , and worse quarters . Yett ye hopes of surprising any thing was called ennemy , would have wingde there feete whose onely sorrow was , they had left one beehinde , and had not there hands at libertie to fight . Wee enter the Towne , but Castles a wiseman , to whome , one word is is enough , upon his tymely intelligence had remoude his men to fresh Quarters , Our Souldiers mouthes are soone stopped , though they cowld not but bite the lippe for anger , that the ennemy had escaped out of there hands to which they had a greater appetite , then to the meate , they left beehinde them , Although they had bourne away Castles on there Camell backes , they marched away with empty bellyes . The Alarum was so hott and there courage so cooled : they had no leisure to take there super from the fire , which they had provided for themselves , and left ready drest for us . We thanke ye good Catarers , and they may thanke the good L. Threasurer , or they might have been well sauc'te , though our Men are ill Cookes , had wee come in season . But , since the Birdes are flowne our men are forc'te to make merry with what they finde , and soone are reconcilde there hungry stomackes to the foode , though they will never forgive Lynsey for taking away there best Dish . Hee had beene his owne foe , that having fasted all the day , would haue nicely refused to eate because it was prepared for the ennemy . Hee had had no stomacke , or a stomacke to greate that would have usde , or stood upon other ceremony then the word , and fall on . Being so well refresht at Lithco , wee out of ye strength may thereof , marche the next day , to Sterling , That wee may prevent , the joyning of Arguiles forces with Lesly . Arguile had newly possessed himselfe of the town but before our Lords had time to give him notice of our approache Arguile had made a suddaine sally out of the towne , bnt at the wronge Porte , leaving his men to our mercy , & the towne to our protection , G. M. Munro , receving intelligence that Arguile was in Ser●ng , stayes not to advertise our good Lords , of it , or his designe , ●ast his present hopes might bee unhappily frustrated by those ●at had deceived his former intention . Hee resolves to carry the newes himselfe , that when they sawe ●im , thay might beeleeve hee was come in good earnest . Not ●nowing hovv vvelcome they vvould make him in the tovvne , ●ee takes his vvay to the bridge , resolving to make good his Quarters there or loose , his life , if hee covvld not gayne that ●●sse vvithout vvhich all vvas lost , this desperate undertaking he ●ovvned with so much gallantry and wonderfull success , that ●ad his fortunate enterpise beene seconded vvith a serious and ●gorous Proseqution of the vvar , he had soon reverst vvhat vvas ●tely forfetted , and regaynde here vvhat vvas lost in England . If it appeared so great a vvonder that ten thousand in a vvel ●rdered Body should destroy an Army of thirty thousand that ●ere so disperst they covvld never be brought to fighte , this 〈◊〉 a miracle ! Munro vvith five men breaks in upon about se●en hundred disperseth them , takes above five hundred priso●ers ; the rest are either slayne on the ground , or drownde in ●e watter . Arguile well horst with two men hardly escaping . they that ●eadge the fing●r of God was seen in the first , must con●ss his hand is visible in this . nor was the reputation of this ●●tion less then if he over came D. Lesley with his adherents . It would prove a more difficult worke , of another nature , 〈◊〉 reduce them to obedience , and make them good Subiects . 〈◊〉 If they pretend devotion , and Religion to coulor there re●llion , we conceale Rebellion under coulor , and pretence 〈◊〉 obedience . our treachery will ballance there treason , if ●e appeare not the greater Traitors , by how much , a pro●●t ennemy is less dangerous and more excusable then a see●●g Freind . The Lords are at last com to be witnesses of the execution , but whereas they are expected to congratulate the victorie ▪ they manifest the greatest indignation , and aversion to the act . The daring Souldier is well rewarded for the hazard of his life while they , for whose preservation wee ignorantly fought , discountenance both the attempt and success . and seem to curse the event of that day which we al thought heave● had bestowed on us for a blessing , and were thankfull . The Ennemy was not in greater disorder and confusion the● were these Lords ; it beganne to grow doubtfull which syd● had gott the Victorie . Yet wee lost but one man , who was stobbed by one to whome hee had given Quarter . They seeme so much concerned , that had we exchanged the Fortune of that day with our Ennemies , there cowld not have appeared more recentment , or a face drest in more sadnes , the● what our Lords put on . The Pittifull L. Threasurer greiving to see the bloud of hi● freinds , so prodigally spilt , opened his purse mouth and sayd he would have given a hundred pounds , [ out of the abundanc● of his tender compassion , and his Maiesties revenewes , ) tha● we had not come to Sterling that day . Munro is not used t● bribes , but if he would have given all his Estate , he knew no● whither else we cowld go . Lesly pursueing in the Reare . Ar●guile possest of sterling . The left handed L. Glenkerne publicklie protested he● would have given his right hand we had not come . he cowl● have curst those fingers that made such worke that day . it wa● Generally thought hee might have spared it and would have fought with one hand as soone as with two . They all resolve to renew the treatie . Policie must undo● what we had atchieved by force . That they may express there penitence for bloud drawn against there vvill , and without there knowledge they wil● condiscend to dishonorable Conditions vvhich for that very ●eason they had reiected before . A Trumpett is sent to give ●ee Ennemie an account of our actions , and breake a gappe ●or the treatie to enter . they intimate , that notwithstanding God [ he indeed is much in there thoughts ) had been pleased ●ut of his goodnes , not there desert . ] to giue them a victorie ●uer Arguiles forces [ vvee might have hoped for a second o●er Lesley had vvee not falne to treating ] to manifest to the ●vorld they did not desire there Countries ruine , and that ●ey did , not thirst after bloud [ nor hunger after righteous●es ) they would treate upon the old Score . T is accepted . a ●lace appointed L. Treasurer . and Glenkerne are Commissio●ers for us . vvell may they treate , and talke of the buisines ●s not thought , there vvill be any debate amongst freinds . Differences vvill soone be composed , vvhen persons of so ●ame Spirits , and easy natures haue the managinge . We ●ay expect good Quarter , when Lynsey and Castles draw in ●ouples and all our hopes hang upon them . Wee are like to ●ay long in Sterling , when our Treators , would haue giuen 〈◊〉 liberaly wee had neuer come there . Who can imagine I ynsy will not beetray us , when hee fin●es so faire an opportunitie , that used beefore such diligence ● bee treacherous . Will hee bee faythfull in a cessation , that was false in tyme ●f hostilitie . When so easy a way as a treaty may bee found to ●stifie his meeting with his good freind Castles . With whome ●is hearte went sti●l along though wee had the honnor , but no ●appines , of his company ; hee misdemeaned himselfe so in all ●s actions , as it is no contradiction to say , hee was with and ●gaynst us . That under a coulor of beeing on our syde , hee ●ight secretly and unsuspected doe us greater mischeife . I ●ish wee had not the unhappy occasion to say there were grea●er traytours with vs then agaynst us . T is yett undiscovered , who gave advise to Colonell Laweere to march speedilie to Burntellin in Fife with his Regiment and joyne with Lessey , least hee were prevented as was Arguile , who mistooke his vvay & went by weeping Cross . but this is certainlie knowne , though we had earlie intelligence , that there was no Party sent to stoppe thier passage , till the next day after they had croste● the Sea and us . The steede is stolne , and L. Lannericks ovvne Regiment of horse is sent , to shutt the stable Dore , to repayre this ill lost● opportunitie , vvee growe vviser for the future . Since vvee came to late to meete vvith our ennemyes , vvee make the more hast to discover our freindes . well knovving of the good affections of the inhabitants of St. Iohn stons to his Maiestie , and the cause vvhich vve pretended to be his . vve go to secure the Tovvn being a very considerable passe , and undoe the ▪ to-bee-pittied , people , vvho hauing giuen euidence of there Loyaltie to the King , forfet there charter , and become slaue● to Tyrants . It vvas cruelly done to betray our freinds , and leaue them t● the mercy of a seuere ennemy , to bee destroyed . vvhen vv● take care to preserue our knovvn and profest Ennemies . D. Lesley is untoucht , undisturbde in his house at St Iohn●stons , vvhen his Souldiers had left nothing standing in S● William Nisbets house , but the Walls . a Captaine of hors● must not come in competition vvith a Generall , and haue hi● vvrongs repairde upon the others sufferings . The vvorld shall see , the Reuenge wee intend shall be exe●cuted on those to vvhome vve pretend a freindship we writ● letters to our acquaintance in the North of povver , and o● either knowne or suspected Fidelitie to the King , to inuit● them to our assistance , and here owne undoeing . for at tha● same time , although wee had procurde them a safe passe at S● Iohnstons . wee weare in treaty with the ennemy , and ha● before it beganne , Resolved vvhat should bee the conclusion The letters had not come long to there hands , but others are ●ispatcht to desire them to disband the Forces , they had not ●llowde them time to raise ! there own letters shall serve to un●aske there policies and render those subtilties perspicuous ●hich they might suppose invisible . Sterline . 19. Sept. 1648. Right Honorable . SVch are present distempers of this Kingdome . and our danger from abroade , [ the prevailing Army of Sectaries being now upon our Borders , and as we are informed are invited to this Kingdome ] as all men vvho are zealous for the good 〈◊〉 Religion , love the honnor of the King , and have any re●ards to the freedome and liberty of this antient and yet un●nquered nation , must either novv bestirre themselves , or ●solve to be slaves for ever . vvee knovv the Principals of pie● Loyaltie , and Honnor you go upon , and are confident you ●ll novv shovve your selfe , for the preservation of all that is ●arest untous . and therfore shall desire , that you vvill instant● dravve together all your Friends and ●ollovvers , and vvith 〈◊〉 imaginable diligence march to the Braes of Angus and from ●ence come hither to this place , in the best condition you can ●herby you vvill express your selfe a Good Christian , a Loy● Subiect , and an honest Countriman , for so seasonable assistance you shal give your country in there extremitie , vvhich shall ever bee highly valevved by us vvho are . your Affectionate Freinds . Craford ▪ Glekerne . Lannericke Lyone . Sterline Sep. 27. 1648. Right Honorable . SEeing that all differences beetwixt us , and those lately iu Armes in and about Edinbourough , are removed and a joyn● resolution taken of disbanding all forces not onely for easing the Country of the insupportable burthen of mantaining Armies but likewise for removing of all occasions of mistakes beetwix● this Kingdome and our neighbour Nation of England ; wee hav● thought fitt to give you notice thereof , and to returne you hearty thankes for your readines , and cheerfulnes to assist us in preserving the Authoritie of Parliement , and those intrusted by them and withall desire you to disband your forces . your Affectionate Freinds Craford : Glenkerne . Lannericke . Lyone . T Is not ill spent tyme , nor labor to observe how much Rhetorike , is used , what strong reasons are asserted to perswade them to ingage in this holy warre and upon what easy conditions they are required to disband . In the first they ●mply there extreamest cunning and arts to invite , and civilie ●ourt them then what little paynes they take , how slovenly they ●idde them farewell in the last . Which seemes to unriddle the ●eacherie of the first Such are the present distempers of this Kindome , [ heightened ●ytreason on the one side and treachery on the other . ] And our ●ur dangers from abroade . [ Or no where for wee are very secure ●t Sterline . ] The prevailing Army of Sectaries being now upon ●ur Borders [ wee may thanke the Duke for that ] and as wee are ●nformed are invited in . [ Y●u were informed of that beefore the Duke went into England . ] As all men who are zalous for the good of Religion . [ what religion is a Politian of ? poore un●ortunate religion that must ever serve for a maske to impietie , ●nd acloake for villanies , ] love the honnor of the King . damna●le hipocrisy ▪ there are greate reguardes had indeede to the honnor of the King , it is much insisted on in the Articles , of the treaty . ] A●d have any reguardes to the freedome of this on ciert . And yet unconquered Nation [ lett not Cromwel heare that , hee hath conquered it as farre as sterline & made you throwe downe your A●mes , and but that hee sawe it was an antient Kindome , hee would have bidde fayre for all . Must now beestir●e themselves [ to great purpose , to bee disbanded with our next letter ] or resolue to bee slaves for ever , [ to the Duke and his Faction ] Wee know the principals of pietie , Loytltie , hand honnor you goe upon . No body knowes yours . ] And are confident [ to trippe vp your heeles , lay your honnor in the dust , and ruine your fortunes for your cons●ience . And Loyaltie . You will show your selfe . A foole , to bee betrayed with a guilded pill . ] For he preservation of all that is dearest to us , [ our selves , for whose preservation wee are in Armes ] and therfore desire you to [ bee undone ] drawe all your freindes and Followers [ that they likewise , may bee undone like Fooles , ] And with all imaginable diligence [ wee conceive you , no hast to hand true folkes ] nor more hast then good Speede ] marche to the Braes of Angus to joyne with such forces as shall bee on foote forthe service , they shall bee on foote , but you le disband them as soone as youdare [ and thence come to Sterline [ of blessed memorie ] in the best condition you can [ and wee le putt you in a worse then you cowld suspect , and the worst wee can ] wherby you will express your selfe a good Christlan [ good but an ill Polititian ] a loyal Subject . Very good , to the King whose good wee are pursueing in the Articles of the treary ] and an honest contriman [ excellent , an honest , simple Countryman , meerly drawne in ] for so seasonable extremitie [ which wee have brought on it by an unsesaonable treaty . ] Which shall bee highlie valewed [ and you Soldoat the best rate wee can ] by vs wht are [ no good Christians , Loyal Subjects , or honest Countrimen . your Affectionate [ seeming ) freinds , [ you doe but say so dissemblers ] SEing that all differences [ but not the present distempers of this Kingdome , and our dangers from aborade betwixt us [ all vs Treators ] and those lately [ and still ) in Armes in and about Edinbourough are remoued [ and the Army of Sectaries brought in by Arguile ] and a ioynt resolution taken to disband al [ our ] forces . [ thereforces are not disbanded yet ] not onely for easing the country [ honest countrimen ] of the insupportable Burthen of mantaining Armies [ to doe nothing but Plunder the country in time of Treating ] but likewise for remouing all occasions of mistakes [ good Christians that take al matter of scandal away ] betwixt this Kingdome and our neighbore Nation of England [ betwixt two Factions , Presbiterians and Independents ] we have thought good [ but have not a good thought ] to give you notice [ and they are extreame weake that ●o not take notice of this and the rest of your Iuglings . ] and ●turne you hearty thankes [ from the lips outwards ] take your ●ankes againe ] for your readines , and cheerfulnes to assist us 〈◊〉 preserving the authority of Parliament , and those intrusted 〈◊〉 them . [ now all the whole matter is out . neither the good 〈◊〉 religion , nor honnor of the King , was the subiect of there ●arrell , but the Authority of Parliament , and there owne ●eservation . ] and withal to desire you to disband [ first let them 〈◊〉 rais'de ] your forces [ which wee shall not neede hopeing to ●eepe our places , or have better , when the Duke shall return Triumphe from our neighbour Nation of England to make ●otland a Kingdome . your [ same ] Affectionate Freinds . HOw like Linsey-Woolsey lookes this last letter , wherein the whole design is betrayde . the former discovers quicke inuention intricacies and subtile plots , and this unawarres ●●covers the subtilties of there plotts . in the first where wee 〈◊〉 invited to ingage . we are made sensible of the distempers , 〈◊〉 home , dangers from a broade , threaten us ; the good of ●●ligion must inflame our zeale , loyaltie and Love to the 〈◊〉 , must quicken our duty , and provoke our powers . Free●e and liberty must serve to express our reguards to the na●n . whose extremity commands our assistance , which if ●●sonable will speake us , good Christians , Loyall Subiects , 〈◊〉 honest Countrimen . but now Lynsey comes , and out of a ●●der conscience as before out of a rotten hearte , discloses whole truth . We insist not so strictly on those severe Principles of Piety , Loyalty , and Honnor that th●y shall ▪ holde us at a longer distance , all Differences betwixt us are removed and not one of those trifles ever came into controuersie . Shall an imprisoned King , be the subiect of our Quarrell ? must we for his honnor appeare in open feilde , in hostile manner ? or shall the defence of I know not what , Religion , ingage our swords ? shall wee keepe up Armies , to save us , from being trodden downe , or mantaine our vassals to preserve u● from being perpetual Slaves ? They must be disbanded to ease the Country whose preservation is dearer to us , then Piety , Loyalty or Honnor . teach● children piety , preach Loyalty to Courtiers , and let the● souldier swell , in Robes of honnor . The resolution wee have taken to disbande , will declare u● honest Countrimen , and remove all mistakes between us an● our neighbour nation , the taking away all occasion of offence will showe we are good Christians . The Laying downe of Ar●mes when the Army of secturies is not upon our Borders b●●farre advanced into our Country will undoubtedly speake 〈◊〉 men of Honnor , what bette character can we give of loy● subiects , then to submitt and yeelde obedience to Arguile , wh● all the world knowes , how much he is the Kings freind , an● vvell wisher . Noble resolutions , and worthy such men , from whom n● better cowld be expected , when they had written letters to the Ennemy , that they continued in Armes not in prosequutio● of the late engagement , but for the preservation of there ow● persons and places . All that love the honnor of the King co● to Sterline . in the best condition you can , & express yourselv● Loyall subiects . the Crown and Scepter , by wondrous Magic● is converted into a Staffe and a Penne . our honest Countrime● have changed there Religion . The Army of Sectaries hath co● led there Presbiterian and not long liude zeale . and will 〈◊〉 doubt have reguards to the libertie and freedome of this Au●ent , and yet unconquered Nation . Thus ends the Quarrell declared to be personall . all differenes betwixt them are reconciled . And the mistakes of the ●eighbour nation , removed . To showe they are good Patriots , those forces are disbanded or the ease of the Country ; that were never raised , for its pre●rvation . good Christians that lay down Armes for the testi●ony of a good conscience , that were never taken up for the ●efence of Religion . Loyall subiects , that since they had no ●tention to fighte in so noble a cause as that of the Kings , they ●ould not hazard the life of a Subiect in so degenerous a cause there owne . what more they are , there needs nothing more 〈◊〉 make them known to the world , then the Articles of the ●reaty at Sterline . To give a perfect iudgement of the whole Matter , it is ne●ssarie to understand aright . Which wee shall easilie , if wee ●flectt on the Dukes , behaviour in England , and survey the ●portment of his confederates in Scotland ; Compare S●erl●e with Preston , and you will find the translation agrees with ●e originall , if wee paralell there severall actions , wee may ●cyde a Question disputable beefore , and bee confirmed in a ●th , that might have beene suspected . Sterline and Preston ●oke like the comment , and the Texte , where the knottines , ●d the intricacies of the one , are made plaine , and unfolded the other . An easy exposition of a hard Chapter . Preston a ridd●e , Sterline the solution Murther will out ; the treason Preston is discouered at Sterline . There was an Army des●oyed with a Blowe , and without a word . here was an Army ●stroyed with a word , and without a Blow . and the Kings ●einds ruined at bothe . The Duke wanted good intelligence , Preston , and his Brother at Sterline , common understanding the Duke lost the honnor , which he never had , at Preston ; at Sterline they forfeited the honestie , they made a showe off . I know The Earle of Lannericke disclaimes the Articles of the Treaty at Sterline , hee constantly avowes , his assent was never to those dishonorable Conditions . yet he signed the Commission by which the Traitors had power to treate , and determine . and after he did write letters to the Governors of Berwicke and Carlis●e to surrender there Garrisons , ( vvich vvas the most material Article of the traety without any respect had to the English , although hee had deepely protested the contrary to S. laiuis Lucas , it is more then probable , that afterwards hee did accept of the Articles . at that time he stood impeached of more then tvventy Articles of highe Treason . For amoung other questions the Committe of the Parliament at Edinburg proposed to him ; the first was , whither hee did acknowledge them a lawfull Committe the next , whither hee did accept of the Articles of the Treaty at Sterline to which he had formerly openl● protested , hee would never yeelde his approbation and consent . affirming them to be most dishonorable . He well knew that it was no time in that place to dispute the Authority of the Committee , hee advisedly acknowledged the lawfullnes of there Calling , though certainelie now , the Parliament Trade is no lawfull calling . Touching the Articles , they next put him to tryall . Which had he renounced , they had certainely put him into a worse condition , a Prison . For all this while although he was accused of highe Treason● he had the libertie to walke at pleasure , and was unconsined many monthes after the disbanding of the Army at Sterline and in the height and extremitie of there prosequtions , was no more then confined to his House , twelve Miles distant from Edinburge , from which hee had leave to take a two mile● walke . had he beene of the Kings Party , he had be●ne made more sensible of there power , and authority , though never so uniust , and unlawfull . wee are all knowing of there riguor and ●everity extended to them one day had apprehended him , th●●ext adiudged him , on the third he had received his dis●harge . ●ith the resignation of his heade . Which that he might save , he betakes him to his heeles ; and ●ommitts Burglarie , breakes by night The Houses order of ●onfinement , and is come to tell a plausible storie of his adven●ures , and escapes . That having tymely advertisement , and ●dvice from his freinds in the house of Parliament , that a party ●f Horse was to bee sent the next , day to guarde him to Edin●urg , hee prevented there designe , and ( Arguile like ) com●i●s hims●lfe to a Boate goes aborde a shipp , which it seemes the Earle of Lauderdale had brought for this cleanly con●eyance , hee is no sooner there , but a Messinger is sent from the Parliament to the shippe , ryding in Leithe Roade , to com●ere Lauderdale , and Lannerike and summon them to give ●curitie to the Parliament not to acte any thing prejudiciall to ●em . If they suspected there fidelitie , it had beene a very easy ●atter to have secured both themselves , & them while the one ●ood under the Notion of treason , and the other walked free● in the streets at Edinburg . But that would have spoyled ●ere designes at the Hague , the plott was better cast , they ●eighe Anchor , and no sooner are they putt to sea , but to ●ulour there devices . They are both comperde to give in ●ution to the Parliament , within three dayes , or to bee pro●aimed Traitors , a hansome cloake . I doe not heare that the arliament of Scotland , insists on there bannishment from ●ourt , they may acte as residents for them . Yett are they ●iltie of more disservices , and later , to the Sate then the He●icke Montros , who onelie in that , had disobliged them , ●at to his Masters commands hee was a faythfull servant ! ●e late unlawfull engagement is , cancelled . The killing of rguiles men at Sterline is burried in oblivion , which gives ●ee great cause to beelelve , there peace was concluded in those nights the Earle of Lannericke , had his private meetings and consultations w●i●h his Adversarie Arguile . I wonder what securitie Arguile had from Lannerike then . Without it I am sure hee is so monstrous a Dwarfe in courage , hee would never have mett , those night walking Spirits that had frighted him so lately from Sterline . This iugling is a riddle to others . and will aske more yeares for the solution then sphinx allowed dayes for the displaying of his AEnigma . I am so well acquainted with all the devices , that to me they are no wonders because I know them , There late proclaiming of the King , is a pretty peece of Mockery . it vvill serve to blind● the Common people : vvho must be alvvayes kepte in there desperate ignorance . to satisfie them , they openly proclayme him King , they all confess it to be his indisputable Righte , but he must not exercise his Regall power , till he give those Rebell● satisfaction in there unreasonable demands . They allovv him his Title , but viciously declare against the vertue thereof here is the stampe , the Image of a King , and the King stands for no other then an Image , vvhile his coyne is thus rounde● and clypte , his Motto . circumscrib ' de , and his Image defac'te . he must give satisfaction to the Kirke , [ it may be they will inioyne it in sackclothe ] then is Mais Iacke Presbiter , a greater man of worship then the King his Master , and shal● take an accounte and survey of his actions as often as he pleaseth , which , under payne of there petty damnation , Excommunication he must not refuse to give . thus they will handle him worse then a Texte , which many of them as little understand , as there Auditory , them ! Then [ Beloved Brethren i● the Lord Arguile ] and not till then , they will admitt him to that Presbiterian Sacrament , the holy ordinance of the Covenant . Bold , forward Rebells . I wishe , those that impose the Covenant on his Maiesty , would doe like Cavaleeres , like Braue men , unlike themselves . and answer the Reasons of the Vniuersity of Oxford obiected against there Covenant . I won●er those molten Calves , doe not more strongly defend there ●doll . it alludes so much to impudence and subtiletie , that I ●ight ca●l it there Brasen Serpent , and would , did I not see it ●o be a Tipe of Antichrist . Those Reasons have been in printe ●bout three yeares and neither the Synod in Fngland nor the ●ssembly in Scotland , did ever dispute there soliditie , or saisfie tender Conscience esin the contradiction . t is all the mo●esty they ever exprest . They confess the truth of them unde●iable , by there Diliberate silence , which implies there assent ●e doe not thinke there reply , T is so , because it is so and we ●ave voted it so , to be of weighte enough to perswade , because 〈◊〉 proceeds from the Plumbeous Cerebrosity of a sleepy Chair ●an , or an immoderate Moderator . wee do not beleeve that ●ere accidentall holines , doth oblidge us to implicite Faith . ●ee do not beleeve infallibilitie to be annexed to that scorne●ll chaire , which we know stands in Errors Denne The Par●ment house we know , they erre as Men , and damnably too 〈◊〉 Devills , and wee demand Reason for a guyde to our Faith . ●ationall men , that hold nothing of that refractorie Spirit of contradiction . are well content , with the well grounded Po●ions , of the Vniuersity , and beleeve Oxford equall in Autho●tie , to either Glascowe or St. Andrewes in Scotland . they ●e fortified with so strong Arguments , that they are highe ●ovenant Proofe at hand , and not to be beaten from those Te●ents , they mantaine , or can be forc●te to re●ire from so firme ●rinciples . Grante [ which I never will ] that the King take the Cove●nt . hee may bee a King of Scotland . they will never further ●m in his progress to the Crowne of England . when they pu●ikly declare , they will preserve the unitie and Agrement [ I ●eleve they are agreed ] beetweene the two Kingdomes . yet the pretended Parliament , and usurping power of England , have thrust forth there declaration , that they wil never admitt of Kingly Governement . And with the late King of blessed memorie , have destroyed Monarchy . I wonder that the Parliament men of Scotland were such bold knaves to send , or there commissioners such sylly fooles to come , on so sleeveles an errant to mocke and affronte the King 〈◊〉 they give lawes to him , and will instruct him in his Duty , beefore they knowe , or practise there owne ! Brave Montros must bee Bannished , and to attend him for a life Guarde all such as are declared ennem●es by the parliament of England When those Bloud thirsty persequutors had taken off the heade of greate Strafford , Cardinal Richelieu was pleasde to say . England had but one wise man , so excellingly wise , and the fooles had cvtt of his Heade . [ Yett those cursed feinds cowld never make a divell of him . ] There is but one Loyall , faythfull , and powrefull Scotche Lord , so superlatiuelie able to do service● neere the King , and he must uncivily be put to a civill Deathe● Bannishment , and Exile I know there are , who to lessen ( if 〈◊〉 were possible ) his reputation , object his unabilitie to doe the King service in Scotland and consider him as one man , a syngl● person , hee is a singular person , indeede and one amongst● ten thousand men , and taller in merritt then they all by the Heade , and showlders . Reflect on his Gallant actions ; an● compare them with the petty doeings of the rest of that King● dome , you will finde the difference , and confesse his interest t● bee more then all theires ! concerning the Duke , and the Hamiltons power in that Nation , give mee leave to say thus much that who so knows the present condition of that Kingdome , wi● acknowledge it nothing . They exclayme of the Dukes Treacherie , or Cowardise , call it what you please , in England , an● dislike , and cry out agaynst his Brothers proceedings at Sterline so much , that at there disbanding it was one common voice of the Officer , and Souldier with full mouth , in open streete , God ●damne him , that ever followed a Hamilton more . When the Duke , at the heighte of his power went into England amongst ●orty Collonels of Horse , and thirty nine Collonels of foote ●here were very few , that went not upon there owne scor , to ser●e the Kings interest . and amoungst them very many , who were ●ver averse to the Hamilton Faction ; the Duke sufferd but few of his F●iends to take charge in the Army some few that desyred ●t , cowld never have his countenance after . Turne your eye , and beeholde Arguile the Boatman , the Ferriman of Scotland , see how all his purblinde Actions looke a ●quinte on the Kings service I shhowld bee sorry to see him ingaged in his Majesties service , hee is so unblest in all his underta●ings ; hee never broughte men to fighte [ as hee hath done very ●ften , but never stayde to fighte himselfe , ] which came not ●lwayes by the worst . They are weary to followe so unpros●erous a Commander , withso unlucky and ill a visage . They ●ay that when hee , having lost all is men at Sterline , went to in●vite Cromwell into Scotland , which hee did the same night , Cromwel stood upon his Guarde , add durst not suffer him to ●ome within the poynte of his nose , though hee knew him to ●e an admirable coward . Cromwel might have kept him at that dista●ce , and be in no danger of his poysonous lookes . His eyes ●re not more prodigious then the others nose , which serves for 〈◊〉 kinds of an head peece to his face . Would both there headpeices were off once . These are the two heading Factions of Scotland . the Hamiltons , and the Camels . Touching the cheife of the Hamiltons , I see nothing but that hee goes into Scotland , unless he hath under wrought his peace , on the ●ame termes , that the Marquis doth , I mean in relatiō to Scotland , 〈◊〉 know other wise there is a greate difference , the one having ser●ed the King , the other the State . And both proclaymed Trai●ors , & unlesse there bee craft in the dawbing , Lannerick can●ot return in to Scotland , but upon the Kings account . The King must doe his buisines now , and not hee the Kings , when hee is in disgrace with the State , And how wil hee doe the kings buisines in tyme to come , that heretofore at Sterline ne●glected , and wilfully lost so faire an opportunitie . I will not Quarrell fate , and dispute the necessitie of contingencies , but I cowld almost Mathematically , demonstrate , that had the Earle of Lannerike , a● Sterline improude his time , or usde but his meanest faculties to the advantage of his Majesties service , the Kings heade , had beene upon his showlders at this very day , if the crowne had not beene upon his heade . although he was pleasde to say , he might keepe Sterline , and have the full command of all Scotland on that syde the Forthe which is the most considerable parte of the Kingdome but it would contribute nothing to the Kings service . [ I thinke so to , if the sequell vvas the service hee intended ] onely it would undoe and destroy a poore Kingdome , [ of which it may be he dream● te to be a King ; ] hee had good reason then , to preserve it to his power . when he was demanded , why he would not rather fight then condiscend to so dishonorable conditions , he answered ; He would not bee a Traytor to his Country for no man alive . [ The King was then in being albeit in a bad one ] it being replyde that no such aspertion cowld be throwne on him , so long as hee owned his Maiesties interest , he answered , that , Hee never iutended to acte the second part to Montroses Scaeue . If by it hee meant the Loyall Subiect . all men will readily beleeve his words at volley he chooseth rather as Secretary to write after the Dukes fowle Coppy Then as Generall , to set before him , the noble Example and wondrous Actions of so inimitable a Marquisse . We may trust him to raise fresh supplies , that disbanded a force might have helde of the confederacie beetweene A●guile and Cromwell , if not utterly have broke it , have beaten Lesley before Cromwells advance into Scotland . I shall not condemne so much , Arguiles league vvith Cromwell , when the Duke before his going into England helde a Correspondency with the Earle . of Denbighe , a Gratefull ser●ant of the Late King of sacred Memorie , and an Archeinde●endent Traitors . one letter was intercepted from Denbighe 〈◊〉 the Duke . wherin he entreated him to make all hast , and dis●atche his comming into England , for every thing was in a ●ght way , and to his wishes ! how much the Duke intended the Kings service and happines is easilie collected out of his ●wne speeche on the Scaffolde . T is no time to dissemble . How willing I was to have ●rved this nation in any thing , that was in my Power , 〈◊〉 known to very many pious , honest , and Religious men . ●nd how ready I would have beene to have done what I ●wld to have served them , if it had , pleased them to ●ave preserved my life in whose hands there was a Po●er . they have not thought it fitt , and so I am become ●nusefull in that which willingly I would have done . I never acted to the preiudice of the Parliament I ●ore no Armes , I medled not with it . These are the words of a dying Man , and they alwayes carry ●ith them weight , and often times Credit . I wish that all men ●f his opinion , were in the same condition yet his Death sig●ifies nothing . it is a hard Fate , when his suffering cannot acquitt him from the facte for which hee dyed . yett hee dyed not so much . For the fact , for which hee stood condemned as to satisfie particular splene and faction ; vvherin truly Arguile did out vvit him . Who was neither safe , nor confident of his owne life , while the other was in beeing . Cromwell having shaken hands with Arguile and they beeing mutuallie resolved , thought it not so proper to suffer Hamilton to live , of whome hee cowld make little or nouse , in subseiviencie to his purposes ; first that hee was Politique as himselfe , next as Treacherous . Of which hee had the experiencie , and therfore judged it as indiscreete as unnecessarie to tr●st him . Thus Machiavill like , hee hugges the Treason , but hee hates the Traitor , and having battelde awhile in the treason , he strikes off the Traitors head having done his worke ! I would not have his Tragedie made the Argumēt , to trust the Hamilton Faction of whome the King must the more diligently beeware , and walke with greater circumspection , for upon this grounde , there are those that will not ●aile to insinuate , with his Mje●y , whisper in his Eare the Dukes Loyalty , and integrity , ho●● treacherous so ever the whole Tracte of his life hath appeared to the vvorld . ●harity bids me bury the rest with him in his Grave hee hath satisfied the world . But many in the world are very much unsatisfied , while Persons of so neer Relations to him , are so conversant with his Majestie . being no whit inferior to the Duke , in Court Arts of Matchivilian Practises , if they doe not farre excell . Now lett all the world iudge , vvhat the King can expect● from these men ; or vvhat trust hee may repose in Factions ? vvill not those Malitious Villaines that have digged up the Kingly roote , bee as ready to catche opprtunitie vvhe : they can to loppe off the Royall Branches ? althoughe the Independants acted the Iewes to putt the King to death , the Presbiterians playde Pilate and delivered him over bound , vvhat confidence can the King give to Scotland that now mantaines so much of independencie , and countenance the Murther of his glorious Father of blessed Memorie , by there compliance vvith the English pretended Parliament , and audiaciously controling Army . The Kirke of Scotland hath already procured the Patronage of all the churches in the Kingdome not vvithstanding any vvritt of the King , Barrons or others , and for carrying on there beegunne Independencie . Mr , Roe Scoutmaster Generall to Cromvvell , hath beene often vvith Arguile in private , hath given him full instructions . From the arch-Traitor his Master . Englands Belzebub , and is not long since with abundant satisfaction and reioycings of Spirit , returnde to him that sent him . There appeare no other Hopes now , but that his Maiesty must wholy rely upon the Royall Party , hee must lay the foundation of his hopes , & build them up upon the Terrafirma of there constant Loyaltie , not loose his ovve party , vvith deceiptful hopes to gayne traitors and conspirators , vvhen all there designe is to inueigle the King , and gett him into there hands , by vvhich they vvill easily casheere and destroy his Majesties party , vvho cry dovvn Montroses povver [ none ever durst his vvill to serve his Master ] lett them reade the volume of his ac●s , uvho living , is his ovvn , and Glorious Monument . Vievvhil ●yding on a tyred ●ade that would have discomposed Iob , & vexte his patience at●ended with a clookbagge , stuft with Loyaltie , beeholde him stealing [ yett no theife ] into Scotland when they had on foote ●en thousand men , at home , and in England tvventy . See him ●n sixe battailes more then a Conqueror , and beetrayde in the seventh , wee gaze with vvonder on all his Actions , and but that they are uncontradicted , showld have payne to beleeue Posteritie will bee infidels and reading his life , will conclude it a Romance , oh that the King would renevv that commission which [ as hee had taken it up ] hee layde dovvne at the commands of his Dearest Master . His reputation is so farre from flooping , that it towres aloft flyes highe , but not to lessening , and hath the Rebell in his Eagle Eye , which hee vvill make his prey so soone , as hee can fasten his tallons , ●eesydes him there is none that can or will s●tt the Crowne on the Kings most sacred heade . If any vvonder that the Duke performed nothing at all vvith so many men , and the Marquise of Montrose , so much , vvith so 〈◊〉 knovve there Principles vvere different . The Marquisse perfectlie Noble pursued simply , the kings inte●st . The Duke vvas treacherous , and prosecuted his ovvne . Both vvould have sett up the crovvne , the Marquise on the kings heade the Duke on his ovvne . The Marquise vvould have made a king , the Duke vvould have beene one , vvonder at the Duke , Admire the Marquise , and obey the king . Fac Deus , infestos penitus Rex dissipet Hostes , Tempora , perpetuò viridi cingente coronâ Accinctum femori gladium perstringe , Superbos Deijce ! Qui solus potis es confunde Rebelles . ERRATA . In the last line of the first pag. in the Epistle Dedicatorie , for Rights . rea , Righte . for Highne . rea Highnes in the 11 , l. of 2. p. for lest . r. less . In the Apolo . to the Reader . for Royal read Loyal . 3. p. for fright●de . r. srighted . l. 10. p. 14. ●oi hart . r. dart . l. 9. disappointed pretences . disappointed by . in 6. p. l. 24 , for 〈◊〉 t , r. account . 11. p. 2. l. r. for receivesly . receives p. 13. l. 8. or all r. Ale . l. 10. for sher . r. her . for he 〈◊〉 shee 28. l. for withim . r. within . p. 14. for concerving r. concerning . l. 20. for it . r. is 〈◊〉 30. for Abettoris r. Abettors . p. 15. l. 1 for fouud . r. found . l. 5 , for . bee . r. been . l. 20. for Theethe . r. teethe . p. 16. l. 1. for theu videt r. the wider . 20. l. for which seemed . 〈◊〉 . which hee 23. for inforete . r. inforc'te . for . reason , r. reason . p. 17. l , 10. for pntt . r. putt . l. 25. for rebellions . r. rebellious . l. 27. for tustlie . r. iustly . pag. 19. l. 11. for . sigh . r. ●ght . for rereats . r. retreats . 12. for . nee . r. hee , 18. l. for entuer . r. entue . for . etournes . 〈◊〉 returnes . 28. l. for . releene . releeve . r. p. 20. l , 30. for houuds r. hounds . p. 22. l. 2. for . Troper . r. Troopes . p. 23. l. 9. for yeelde . r. yeelde . p. 24. l. 14. for . pust . r. puts . 26. p. l. 3. ●or porty . r. parly . pag. 12 , for . Breegs . bridge for . mako , r. make . for . cetemny . r. ceremony . p. 27. l. 5. for . my . r. may . l. 18. for faurtably . r. fauorably . l. 30. for ●e , 〈◊〉 the . 29. p. l. 1. for serling . r. Sterline . p. 31. l. 15. for . came , r. calme . 
A46191	----	By the Lord Lieutenant. Ormonde. Whereas the present Parliament is adjourned until the five and twentieth day of this present May: ... Ireland. Lord Lieutenant (1661-1669 : Ormonde) 1663 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46191 Wing I931 ESTC R213870 99826129 99826129 30521 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46191) Transcribed from: (Early English Books Online ; image set 30521) Images scanned from microfilm: (Early English books, 1641-1700 ; 1760:35) By the Lord Lieutenant. Ormonde. Whereas the present Parliament is adjourned until the five and twentieth day of this present May: ... Ireland. Lord Lieutenant (1661-1669 : Ormonde) Ormonde, James Butler, Duke of, 1610-1688. aut 1 sheet ([1] p.) printed by John Crook, printer to the Kings most Excellent Majesty; and are to be sold by Samuel Dancer, next door to the Bear and Ragged-staffe in Castle-street, Dublin : 1663. Title from heading and first lines of text. At end: Given at His Majesties Castle of Dublin the 21th day of May, 1663. God save the King. Prorogues the Parliament until 21 July 1663. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Early works to 1800. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Pip Willcox Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C2 R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms By the Lord Lieutenant . ORMONDE . WHEREAS the present Parliament is adjourned until the five and twentieth day of this present May : And whereas for sundry good Causes and Considerations , We have thought it convenient and necessary to prorogue the said Parliament until the One and twentieth day of July next , We do therefore will and require all persons to whom it doth or shall appertain , to take due notice thereof , to the end that in the mean time they may repair to their Houses , or otherwise apply themselves about their private Affairs at their pleasures , and then to give their attendance here again at the day and time aforesaid in the usual place appointed for that intended Service , whereof they may not fail . Given at His Majesties Castle of DUBLIN the 21th day of May , 1663. GOD Save the KING . DVBLIN , Printed by John Crook , Printer to the Kings most Excellent Majesty , and are to be sold by Samuel Dancer , next door to the Bear and Ragged-staffe in Castle-street , 1663. 
A45001	----	The grounds & reasons of monarchy considered in a review of the Scotch story, gathered out their best authours and records / by J.H. Hall, John, 1627-1656. This text is an enriched version of the TCP digital transcription A45001 of text R16160 in the English Short Title Catalog (Wing H346). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 111 KB of XML-encoded text transcribed from 69 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A45001 Wing H346 ESTC R16160 13031623 ocm 13031623 96770 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45001) Transcribed from: (Early English Books Online ; image set 96770) Images scanned from microfilm: (Early English books, 1641-1700 ; 740:9) The grounds & reasons of monarchy considered in a review of the Scotch story, gathered out their best authours and records / by J.H. Hall, John, 1627-1656. This text is an enriched version of the TCP digital transcription A45001 of text R16160 in the English Short Title Catalog (Wing H346). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread [10], 127 p. s.n.], [S.l. : 1650. Reproduction of original in Union Theological Seminary Library, New York. eng Monarchy -- Early works to 1800. Scotland -- Kings and rulers. Scotland -- History. A45001 R16160 (Wing H346). civilwar no The grounds & reasons of monarchy considered. In a review of the Scotch story, gathered out of their best authours and records. By J.H. Corr Hall, John 1650 20736 2 5 0 0 0 0 3 B The rate of 3 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2005-01 TCP Assigned for keying and markup 2005-04 SPi Global Keyed and coded from ProQuest page images 2005-05 Emma (Leeson) Huber Sampled and proofread 2005-05 Emma (Leeson) Huber Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion THE Grounds & Reasons OF MONARCHY Considered . IN A Review of the SCOTCH Story , gathered out of their best Authours and Records . By J. H. Corrected and Reprinted According to the Edenburgh Copy . Anno MDCL . THE PREFACE . THere is nothing hath more confounded knowledge among men , then the reciprocall violences of the understanding and the will ; or , to speak plainly , the passion of the one and blindnesse of the other : Since some by chance or interest take up Principles whith they force the Understanding by strained Arguments to maintain : Others by the Custome of some opinion so bewitch the will into confedracy , that they can never quit it after confutation ; to remedy this , since I had purposed with my self to say somewhat to this point ( which though it be but a small wyer , yet the great weight of civill felicitie lyes upon it ) I knew no better method then to take the scales off the eyes of the Understanding , and shew the Will how better to bring about her great design of good : And in the prosecution of this , I would not skirmish with every Argument which had been a thing of immense slavery and not for every eye ; but I choosed rather to strike at the foundations , that the understanding might loose his passion , and more freely consider upon what Quick-sands they lay ; and in this I needed not to be positive , because I take a task which most men-are rather happy in , that is , to supplant Errour rather then to assert Truth : Hence I consider King-ship simply , not troubling my self to maintain any other form , or consider Oaths , Ends , changes of Government , or particular necessitie or Reasons of safety : they being distinct Considerations and tasks by themselves . Now if this negative way satisfie not , I see no such great cause to be discouraged , for ( I confesse ) I do not perceive it so easie a thing to find an errour , and I had rather tell a man he was out of the way , then in endeavouring to lead him to the end of his journey , lead him further about : and it is my opinion , that as Sceptiscime is not onely uselesse , but dangerous ; if in setting our thoughts in a posture of defence , it makes us absolutely wavering and incredulous : so had I rather be Scepticall in my opinion , then maintain it upon Grounds taken up and not demonstrated . The second Part is meerly an instance as to the Arguments of the First , wherein I would not be understood to be a writer of an Epitome ; ( I have other imployments for my Time and Thoughts ; and nobler too ) but to set down a true Series by way of Example , and therefore I was onely to note Accesses and Recesses to Governments , and the effects proceeding from the persons of Governours , and here as I needed not much trouble the Chronologie : So lest it might be a bare Sceleton , I sprinkled some observations , that came to hand , and seem to afford either pleasure or use . Thus much left I might be misunderstood , I thought necessary to premise . THE GROUNDS OF MONARCHY . The first Part. I Have often thought it strange that among all the Governments , either past or being , the Monarchicall should so far in extent and number exceed the Popular , as that they could never yet come into comparison . I could never be perswaded , but it was more happy for a people to be disposed of by a number of persons jointly interested and concerned with them , then to be numbred as the herd and Inheritance of One to whose lust and madnesse they were absolutely subject ; and that any man of the weakest reason and generosity would not rather choose for his habitation that piece of earth , whereon there were accesse to honour by virtue and no worth could be excluded ; rather then that where all advancement should proceed from the will of one scarcely hearing and seeing with his own Organs , and gain'd for the most part by means lewd and indirect , and that in the end to amount to nothing else but a more splendid and dangerous slavery . To satisfie this , I considered how inscrutably Providence carryes on the turns and stops of all Governments , so that most people rather found them then made them ; the constitutions of men , some not fit to be masters of their Liberty , some not capable , some not willing : the Ambition of setled Tyrants , who breaking their own bounds have brought in violent alterations , and lastly , civill discord , which have either corrupted or altered better settlements . But these are observations , rather then Arguments , and relate to fact , rather then reason . That which astonished me most was to see this Heroick learned Age , not onely not rising to thoughts of Liberty , but in stead thereof foolishly turning their wits and swords against themselves in the maintenance of Them , whose slaves they are , and indeed they can be no weak causes that produce so long and settled a distemper though some of them I supposed , if not most of them , are these . He knoweth nothing that knoweth not how superstitiously the generality of mankind is given to hold up traditions , and how pertinatious it is in the maintenance of its first prejudices , insomuch that a discovery or more refind reason is as insupportable to them , as the Sunne is to an eye newly brought cut of darknesse ; hence opiniatritrie ( which is commonly proportioned to their ignorance ) and a generous obstinacy sometimes to death and ruine : So that it is no marvell if we see many Gentlemen whose education enabled them onely to use their senses and first thoughts , so dazled with the splendor of a Court , prepossessed with the affection of a Prince , or bewitched with some subdolous favour , That he chooseth rather any hazard then enchantment should be broke up . Others perhaps a degree above these , yet in respect of some Title stuck upon the Family ( which hath been as fortunate a mysterie of Kingship as any other ) or in rereverence to some glorious former atchievements ( minding not that in all these cases the people are the onely effective means , and the King onely imaginary ) they think they should degenerate from bravery in bringing on a change . Others are with-held by sloth and timerousnesse , either not daring or unwilling to be happy ; some looking no further then their private welfare , indifferent for the multiplication of publick evils . Others ( and these the worst of all ) out of pravity of nature sacrificing to their ambition and avarice , and in order to that , following any power concurring with any Machinations , and upholding their Authours : whilst Princes themselves , ( trained up in these Arts , or receiving them in Tradition ) know how to wind all their humours to their own advantage , now foisting in the Divinity of their Titles into Pulpits , now amuzing the People with magnificencies and inter-ludes , now diverting their hot Spirits to some unprofitable forrain War ( making way to their accursed ends of revenge or glory , with the effusion of that bloud which should be as dear to them as their own : ) Now stroaking the People with some feeble but enforced Law ( for which notwithstanding they will be paid ; ) and 't is observed , the most notorious Tyrants have taken this course ; Now giving up the eminentest of their Ministers ( which they part with as indifferently as their Robes ) unto the rage and fury of the People , so that they are commanded and condemned by the same mouth , and the credulous and ignorant believing their King set over them , sit still , and by degrees grow into quiet and admiration , especially if lulled a sleep with-some small continuance of peace ( be it never so unjust , unsound , or dangerous ) as if the body politick could not languish of an internall disease , whilst its complexion is fresh and chearfull . Those are the Reasons , which ( if I conceive aright ) have stupified the lesse knowing part of mankind , Now how the more searching part hath so odly miscarried , will fall under consideration . First , then , we need not take the pains to demonstrate how easie a thing it is for men of acutenesse , not conversant in Civil things not onely to miscarry in the apprehension , but even in the judgement of them ; for they instead of bringing the series and reason of affairs into rule and method , use contrariwise to measure them by their own presupposed speculation ; and by that means become incapable of weighing rightly the various incidences and circumstances of businesses : For it is to be observed , that the Theorems of no Art or Profession are more easily found , or of difficulter practice , then those of Policy ; so that it is no wonder if men meerly contemplative , fail so oft in the very laying of grounds , as we shall anon instance : now how fruitfull dainties are Errour and Absurdity , we all know . But more especially the contentions of contemplative men are most numerous , various and endlesse ; for wrangling is with them an Art , and they are endued with that ungenerous shame never to acknowledge : Besides their principles are most times ill rivetted , and it is to be feared , that in their superstructions , they as often call in their imaginations , as their judgement to frame arguments . Besides , these men fighting onely with Pen , Ink , and Paper , seldome arrive at a means to decide the Quarrell , by which he that gains the last word is supposed Conquerour . Or the other leaves almost as inglorious a conquest to the Victor as if he had been overthrown That which I would say from all this , is , that the generality of speculative men , for the most part guiding their understandings by those notions which they find in Books : fall not seldome by this means into considerable Errours : For all Books , those I mean that are humane , and fall directly under consideration , either lay down Practicall things , and observations of King-ship , or some generall and universall Notions , or else controversially Assert Monarchy against some opposers . Now in the two latter there are generally found two grand and insupportable fallacies , the first whereof is , that they fraudulently converse in generals , and ( to borrow the School-term ) speak of that in the Abstract , which they should do in the Concret : As for example , where they should assert the particular right of this or that Prince , they cunningly or ignorantly lay out most of their discourse in generall about Monarchy , and not seldome weary and amaze the dispute , before they come to the true Ground and stating of the Quarrel , whereby the Readers diverted by such prepossession , and entangled by generall Notions of Authority , Power and Government , seldome descend into the consideration of particulars ; where the great scruple and difficultie for the most part lies . So that any King ( be his accesse to the Government never so fraudulent and unjustifiable ) becomes to be look'd on as sacred Authoritative , and by degrees begins to blush at the Attributes of Sacred Majesty , Grace , and Highnesse ; or any other Terms that the servile flattery and witty Barbarity of Courtiers can give unto them ; nay some even of the wicked Roman Emperours , could be content to be saluted with Perennities and Divinities , whereas if men would call their reasons into Councel , they might find that these blazing Stars were opake Bodies , and shone onely by reflection : These men having no more then either the Cabal of their own state and distance . or the wretched Imposition upon the People cast on them ; For would men divest the Authority from the Person , and then commonly find it inconsiderable , if not positively evil . And again , consider Authority in it self as a thing fixt , veritable , immutable , and ( when justly administred ) sacred , they might find , that granting a Prince to be the most Regular Just person in all the World , yet many men as good , joyned with him , and intrusted , and concurring to the same end , might do much more good ; and that to deny this , were to be as irrationall , as to deny that one Person could do no good at all . But however , this I take to be certain and demonstrable out of their own Principles , that Kings being onely to be considered in respect of the trust and power that lies on them , a number of men by as just means ( to say not better ) invested with the same trust and power , are every jot as sacred , and of as much divine right as any Monarch is ( the power being essentially the same united or divided , as if a Commission be to one or three ) it will then result , that republicks may be as Just and Authoritative , as King-ships , and then their radicall Argument of the Jure Divino of King-ship is wholly enfeebled , and the other rendred equally as Soveraign . And I am to note ( but this is but transiently ) the poornesse , or to say better , the Blasphemy of that Argument , that flourishes out Kings as the Eclypes of Divinity , and vainly lavishes some Metaphysicks , to prove that all things have a naturall Tendencie to an Onenesse ; nay , the itch of some merry wits , have carried them to run over most of the Attribuies ( as some English Lawyers have talkt of the Legal , I must say phantasticall ubiquity and omniscience of our Kings , though we see the contrary , and some Civilians about the Emperour , have gone before them ) whereas they should consider , that the immense simplicity of God flows out in its severall workings , with ineffable variety , God being every-where and the same , or as the Platonists say , a Center in every part of his Circle , a Spirit without Quantity , Distance and Comprehension ; whereas man is a determinate narrow thing , who doing one thing , ceaseth to do another ; and thinking of one thing , is forc'd to quit his former thought . Now how fit he is to be a shade of this Archytipe , let any judge , unlesse he could be refined from his corporeity , and inlarged into a proportionable immensity . Besides , I know not whether it be safe to think or no , That as God , who for the most part , suits men with gifts sutable to the places to which he calls them , would in some measure poure out his Spirit proportionate to these men , whereas as most commonly we find them , notwithstanding their extraordinary Advantages , of society , education and Business , as weak men as any other , and good Princes being swayed by the advice of men , good and wise , and the bad seduced by men of their own inclinations ; what else are all Monarchies , but in reallity Optimaces for a few only essentially govern , under the name of one who is utterly as unable as the meanest of those over whom hee claimes superiority . The second Fallacy or paralogism is this , That men , while they Labour thus to support Monarchy tell us not what kind of Monarchy it is , and consequently gain nothing , although we should grant , them the former proposition to be true ; For what does it avail to acertain me of the Title of such a Prince , if I know not by what Title he holds , grant it were visible to me that such a man was markt out by providence to be my Governour , yet if I cannot tell what kinde of one , whether absolute , mixt , limited , meerly Law-Executive , or first in order , how shall I know to direct my Obedience ? if he be absolute , my very naturall liberty is taken away from me , nor doe I know any power can make any man such ; The Scripture holding out just Limitations and restrictions to all Governours . If mixt and limited , I must know the due temperature and bounds , or else he may usurpe or be mistaken , and I oppressed or injured . If Law-Executive , the power fundamentally resides not in him , but in the great Counsell , or them intrusted by the people , then I adore onely a shadow : Now if any Prince of Europe can really clear up these mistes , and shew the lines of his Government drawn fairly , and his Charter whole and Authentick , like that of Venice and the first Rome : For my part , I le be the first man shall sweare him Allegiance , and the last that will preserve him . But you will finde that they will tell you in generall about their office , and in particular of their claimes of Succession , Inheritance and Ancestors , when look but three or foure stories back , and you will meet either some savage unnaturall Intrusion ( disguiz'd under some forc'd Title or inexistent Cognation ) or else some violent alteration , or possibly some slender Oath or Articles hardly extorted and imperrfectly kept . Now if any man thawill but run over these rules , and apply them to any History whatever ( as we shall exemplify in that which for the present we have pitcht upon ) and not finde most Titles Ambiguous , the effects of former Monarchies ( for where , in a Catalogue of forty Kings , can you almost shew me three good ones , but things meerly strugling to maintain their Titles and domestick Interest ) ruinous to the people ( who , for the most part , considering them no otherwise then as to be Rescued from violent Confusion , not as they conduce to the positive happinesse of a civil life ) my small conversation in Books is extreamely false : And truly I conceive it may be the rationallest course to set any judgement aright , because it instructs by experience and effects , and grounds the judgement upon materiall observation , and not blindly gropes after notions and causes , which to him are Tantum non inscrutable , But of that anon : A main mistake under this Topick , hath been an erroneous Comparison and application of matters Civil and Military ; for men observing that mixt Councels about Generals , Plurality , equality of Commands , often and sudden Military alterations , have brought on no small distempers and dangers to severall Governments and attempts ; Therefore they presently collect , that in Civils also it is the safest to continue a Command in one-hand for the preventing of the like disturbances : But here they are deceived , Civill matters consist in long debate , great consideration , patient expectation and wary foresight , which is better to be found in a number of choice experienced heads , then in one single one , whose youth and vigor of Spirit innables him rather to Action , and fils him with that noble Temerity , which is commonly so happy in Martial things , which must be guided alwayes to prevent occasions ( which are seldom to be found again , and which , mistaken , are to scarcely amended ) Besides the ferocity of daring spirits , can hardly be bounded while they stand levell , so that it is no wonder if they extinguish all emulations , by putting the power into the hands of one , whereas in the Citty , it is quite otherwise ; and Factions ( unless they be Cruelly exorbitant ) doe but poyse and ballance one another , and many times like the discord of humors upon the naturall Body , produce reall good to the Politicks . That slender conception , that nature seems to dress out a principality in most of her works , as among Birds , Bees , &c. is so slender ( in regard they are no more chiefs then what they fancy them , but all their prepotency is meerly predatory or oppressive , and even Lyons , Elephants , Crocodiles and Eagles , have small inconsiderabe enemies , of which they stand in fear , and by which they are often ruined ) that the Recitall confutes it ; and if it were so , yet unless they could prove their One man to be as much more excellent as those are , and that solely , I see not what it would advantage them , since to comply with the designe of Nature in one , they would contrary it in others , where shee were equally concerned . But these Phylologicall and Rhetoricall Arguments , have not a little hindered the severer disquisition of reason and proposessed the more easy mindes with notions so much harder to be layd aside , as they are more erronious and pleasing . These are the fundamentall errours that have misled the judgement ; now those which have misguided the conscience , have principally proceeded from the mis-interpretation of Scripture , and therefore seeming Sacred , have been less examined and doubted , as carrying the most authority . Thus in the old Testament , there being such frequent mention of Kings , which notwithstanding , were Given in wrath , they superstitiously hold forth , not only the necessity , but the impunity of Kings , whereas wee know not their powers and limitations , and it is in consequentiall to argue , That because Judea was so governed , wee should follow the paterne , when we find neither precept consequence , nor necessity convincing . And it is mad to think that while the Spirit of God so freely and vehemently exclaimes against the iniquiries of men , that God would authorize it so far as to leave it in them unpunishable . As for the antiquity from Adam it is true , before his fall his dominion was large and wide , but it was over the Beasts ( that after his fall learned to rebel against him ) and aconomically not despotically over his wife and children , But what is this to Civil Government ? In the new Testament ( for I the brieflyer pass over this head , in regard it hath been so copiously treated upon by those under whose profession it falles , and that it doth not immediatly conduce to my designe ) the principall hath been the meeknesse of Christ and his complyance with Civill powers , which certainly if he had been disposed to have resisted , he could as easily have overthrown , as with a few cords whip the buyers and sellers out of the Temple . But hee that was the wisdome of his Father , rather thought fit to build up his Kingdom , which is never earthly , nor known of men of earth , in meeknes and obedience to civill powers , which are perpetually changed and hurried at the will of the first mover , otherwise he would never have concerned himself so much in giving dues to Caesar , and to God , what is Gods ; intimating the distinct obediences owing by all men , as Christians , and Citizens , when granting Monarchy , the most and the onely Lawfull Government , yet every one knoweth , that knoweth any thing of the Roman story , that Augustus had no more Title to that Government , then any of those over whom he usurped , and that his accesse to Government was as fraudulent and violent as could be . Another is the mistaking of the Powers {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , when its clear , the Scripture speaketh of it in a latitude , as extending it to all established Governments . Now men have falsly assumed that those powers were only meant of Kings ; and what by an indiscreet collation of the places of the old , and violent restings of others of the new , they perfected the other grand mistake , which since it hath been already cleared up ( and as we said is but collaterall with us for the present ) we shall no further mention . As for the alleadged examples and and speeches of primitive times , I see not much in them considerable , for through insurrections against Princes cannot be produced , or rather much is said against them ; we are to consider , that the Gospel of Christ ( which was at that time not much defiled by the world ) ingages not to any Domination , but wholly taken up with its own extasies , spiritual delights and expectations , neglects all other affairs as strange and dangerous . And more over ( though I know what hath been said to the contrary ) I cannot finde ( after consideration of those Ages ) any probable ground how , if they would have risen , they could have Bodied . They were indeed numerous , but then they had Legionaries among them , and who knows not what an ineffectual thing a People is ( be it never so desirous ) when overawed by the Soldatesque : And they were a People ( as greatness to God and man is different ) not for their wordly power ( for how few considerable Commanders were Converted in the first Ages ? ) but out of his own choice , so that it was not strange , if they could not do much . For God as he chose the weakest means in the planting of the Gospel , Fishermen ; So , in the Primitive propagation he called the weaker men , though Christianity afterwards grew ample and August , and Kings were proud to give their names unto it . As for the Fathers ( granting them f●ee of their many Bastardizations , interpolations , and all those Errors and uncertainties which the process of time and fraud of men hath foysted into them ) they are to be accepted as Witnesses , not as Judges , that is to say , they may prove matter of Fact , but none of their words matter of Right , especially if we consider their writings either Homilies , Commentaries , or controversies , which are ever directed to another end then this is , and they themselves ( men secluded from Business ) are so much more unable to judge and resolve Civill controversies ( as this is ) in regard the unhappiness of the latter Times hath produced many controversies : not know or thought of in their days , which falling directly under their profession , cannot receive any light or Authority from them . Having considered Kingship , how well it hath appeared through the false lights of understanding , we shall now consider , whether ( taking it by it self ) its foundations be laid upon a Cylender or upon a Cube , and this me thinks we are the likeliest to do , if we consider them in their rights and uses , or to speak plainer ; in their Legality and policy , so that if we finde that none of the wayes of the retaining of their Crowns can be Authenticall save one , and that one make against them , we shall finde we have no such just causes of blinde adoration or implicite enforcement to truckle under any of their Commands . And if again we discover that the Government it self is not so profitable as to the end of Civil happiness , but rather Diametrically opposite to it , we may suppose that men are either strangely obstinate , or else they might eradicate an error , which not onely offers so many prejudices to their understanding , but hath such an evil influence upon their outward well being . We have then to consider , that for One man to rule over Many , there must necessarily be some right , though it be but colourable ; for either he must be chosen by the people as their Arbitrator and Supream Judge , or else he must by force of Arms invade them , and bring them to obedience , which he by force preserving for his Sons of Successors , makes way for a third claim , which is Inheritance . A fourth , some have invented , though were it real , it is but a difference of the last , and I therefore shall mention it under that head . But to the Consideration . First therefore Election , supposing the people either finding themselves unable to weyld their own happiness , or for preventing of disorder , make choice of one to be set over them , it here instantly followeth , that Authority is in the people , and flowing from them ; for choice argues a power , and being chosen elected a subordination to it , in the end , I mean , though not in every Act : Now there is none chosen but for some , end , or for some intentions reciprocall betwixt both partyes , for otherwise such a choice were but dotage , and consequently invalid : Now thus it will follow that those who pretend to King it upon this Topick , must either shew a formal Election , which I think many Kings are not able to do , or if he can shew one , the Conditions and ends for which he was chosen . Now all parts being either implicite or explained , let him produce the Covenant , that it may be known whether he govern according to it or not , for if he transgresseth , he forfeits , and the other are disobliged . If the agreement be unwritten or intentional , either party is relatively tyed , and then if he do any thing against the welfare of the people ( that Soveraing Law and end of all Governments : ) The people may not onely justly suppose the form capitulation broken , but even endeavour , by what possible means they can , to restore themselves to their former rights : for why should the making of a Compact prejudice any when it is once broken ; And here cometh in another fallacy , which the Assertors of Royalty have so flourished with , That an agreement between a people and one man , should inure , as the English Lawyers terme it , to his Descendants , when as it is to be considered , that the people choosing of one man , is commonly in consideration of his person and personal merit , which not being the same in his Son ( as commonly Families in the Horizon are in the Meridian , the Founders being braver then any that follow after them ) that very intent is frustrated and ceaseth , and the People providing for the happiness of a few years , which are determinable with uncertainty of the latter part of the life of one man , run themselves and their posterity into an eternal inconvenience ( for any thing they know ) of bad Governours ; neither if the people would never so formally agree with him that in regard of his merits or felicity of actions , his Son should be received in that place , yet would they not do it , that very pact expiring with the life of either : For my Father may leave me notionally a slave in a Tenure ( a thing frequently with our Ancestors ) or as Civilians term it , it a Feodary , which I ā content with , in respect of the advantage it brings me , or because my own estate is to little to be independent , and therefore I think it good prudence to be sheltered under the protection of the greater , but my naturall Liberty , that is to say , to make my life as justly happy and advantagious to me as I can , he can no more give away from me then my understanding or eye-sight , for these are priviledges which God and Nature hath endued me with , and these I cannot be denyed , but by him that will deny me a being . But to go on , Suppose a second Generation should accept the Son , and a third a Grandsire , yet this confirms not a fourth , and they very impolitickly strengthen , and confirm the power by continuance , and in a manner with their own hands lay the Foundation of absoluteness ; their Governours themselves growing in Interests , increasing in Aliances and gleaning Forces , so it is very improbable but within a little they grow to big and formidable , and leave nothing of the Liberty save the name and ( if they be less cunning ) not that . A pertinent example of this , it is so near us , that I cannot pass it , we see in young Orange and the Low Countries at this day , who continuing his Progenitors for their signall services , and him for theirs , are now punished for their generous and indiscreet rewarding of vertue , that their Liberty was lately blown up before they well perceived it to be undermined , and they are at charge to maintain their own oppression . As for that formall election and stipulation , who sees not what a vain and ridiculous cheat it is , they coming with swords in their hands to demand the Scepter of a weak and stupid multitude that appears onely to gaze upon the Ceremonies , and whose refusal were ineffectual ; but it is a gracious piece of the Caball of Tyrannie to deceive the People with Shadows , Fantasmes , and names of Liberty . As for those that intrude in by force , they cannot certainly have a Fore-head to infer a right , they being but as the Pyrat said to Alexander , publique and more magnificent Robbers : certainly these are the Nimrods , the great Hunters , Gods scourges , and the burdens of the Earth ; and whether they be Founders of Empires , or great Captains ( as Boccalini distinguisheth them ) ought rather to be remembred with horror and detestation , then that undue reverence which they commonly meet with . But these are they that lay the the foundations of Succession , and from these do the Successors claim , and enjoy with the lesse reluctance , Because the Regret of the violences and hate of the first , dayly weares out ; whether it be by the continuance of Peace , that charmes men into a love of ease , or that the continuance of slavery enfeebles their mindes , that they rather chose to look at their present enjoyment , then reall happinesse , so that it is not strange if the Person of their oppressour become in time adorable , and he himself think that confirmed and justified to him in the processe of time , which in the beginning he had no right to . But if he will consider the businesse a little higher , we might find that since neither the People ( as we have proved before ) have power to make themselves Vassals , nor the Intruders themselves cannot pretend any just title ; their Domination is meerly illegall , and apt to be shaked off with the first conveniencie , it being every whit as equitable , that these men should be judged Enemies of mankind , and condemned to die the death of Parricides for usurping a power , as Nero for mis-using it . But I would fain ask the Regions Defenders , by what Law they can maintain Governments , to be inherent in one , and to be transmitted to his Off spring ? If they say by the Law of God I would again demand how they can make this Law appear to me ? If they say that the Scripture holds forth the right and sacreity of Kings , I ask them again , How they know that God extends that Priviledge and authority to this King ; if they say , that he is involved in the generall right , they do but run into the Circle ; unlesse they can show me , that all his approches to Government were regular , and such as God was pleased with , or else God had by some signe and wonder declared his approbation of him ; for without these two , they must make God an Authour of evil , which is impious , and pretend Commission for an unlawfull Act ; and by the same right , any other may to an action never so unjust , it being no unusuall thing to borrow the face of Divinity , even upon some foul impostures , ( as to forbear further instances ) Numa his conference with Aegeria , Scipio's retirement into the Capitol , and Sertorius his white Hart. Now , if they pretend the Law of Nature , they must demonstrate unto us , both that she endowed men with unequall freedome , and that she shaped out such a man to rule , whereas it appears on the contrary , that all men naturally are equall : for though Nature with a Noble variety hath made different the Features and Lineaments of men , yet as to freedome , till it be lost by some externall means , she hath made every one alike , and given them the same desires . But suppose she had intended such a Family for Government , and had given them some illustrious marks , as we read of some had ( whether by the imagination of their mothers , or by deceit yet then would Nature fall into a double irregularity ; first in deserting her method in making all free ; and secondly in making her generall work meerly subservient , and secondary to her particular , which how contrary it is to that beautifull harmony of hers , I need not much insist . Now if they say , they are Fathers of the People ; as for that which they call themselves the Heads , inferring the People no more then a trunk , it 's onely Metaphoricall , and proves nothing : for they must remember , that since Father hath a Correllative upon which it depends , & upon whose removall it vanisheth , they themselves cannot bring any such ; for by Physicall procreation they will not offer it . And for Metaphoricall dependence it will come to nothing , we seeing People languish when their Princes are fullest , and like Leeches , rather willing to burst then to fall off . And on the contrary the People upon the removall of a Prince , cheerfull and relieved . Now if there were such a strict union between these two , such a contrariety and antipathy could never appear : for certainly when any two persons endeavour to gain one upon another , there is an enmity what ever is pretended ; besides , if these men would be Fathers , it were then their duty to do like Fathers , which is , to provide for , defend and cherish , whereas on the contrary , it is themselves that eat the bread out of the mouths of their Children , and through the groans of the poor . And whereas flattery hath said , that what they draw up in vapours they send down in showres , yet are we sure , such are for the most part unfruitfull , if not ominous and infectious : If they pretend the Law of Nations , it were well , they would declare unto us at first what this Law is , and whether generally agreed on or no by Nations : if they say , yes , they must resolve whether explicitely or implicitely ; if they say the former , let them produce them ; if the latter , they must demonstrate , that all Nations are agreed in such and such Notions ; now if all men of these Nations since every one must be of equall capacity ; when on the contrary , though the understandings of most men whom we know or have conversed with , seem to flee to some generall Maximes ( yet unpolished , unnumbered , and unmethodixed ) yet we see many Nations differing from us in many things , which we think clearly , fundamentally and naturally true , neither do climate and education onely so diversitie the minds of men , but even their understandings , and the different wayes of thinking so distinguish them , though of one Countrey , that though we may please our selves in thinking that all mens thoughts follow the Fantasticall method of ours , yet we might find , if we were perfectly conversant with all men of the world , and well read in their wits ( as we are not with half of them , no , nor any one man with the twentieth part ) that there are scarce four or five axioms would be universally received . Now ( for I have been the longer in this , by reason that this imaginary Law hath been so held up by the Civilians , and made the subterfuge of so many considerable disputes ) if it be so weak as that we can scarce tell whether it be or no , for even that which we account the most sacred piece of it , the violation of publick Messengers , the Taertar and Muscovite , unlesse withheld by fear , break it every day ) What are the Arguments deducted from it ? or if there were such a Law , what would it avail such a particular man , for why should other Nations impose a Governour were they are not concerned ; and if they pretend this Law , as to the preservations and impunity of their persons , the same Answer will serve again , with this addition , That they make an offender uncapable of punishment , it is but to give them a Commission to offend : Now if they run upon that distinction of Suspending onely , and not punishing ( as if forsooth this kind of people must be preserved , though by the ruine of mankind , to immediate vengeance ) Now , I say , That Suspension is really a punishment , and if his demerits can deserve that , I see not but that upon a proportionable increase , they may deserve Dethronization or Death , as clearly as two and two make four , and four make eight . If they alledge Positive or municipall Laws , and number Homages , they are not much the nearer , since that all such Laws are but Rivulets and Branches of those we before examined ; and since we found that those speak so little in their favour , that which these do , cannot signifie much , especially since Princes , who are ever watchfull to prevail themselves of all occasions of this nature , can either by terrour or artifice draw assemblies or the major part , to their own Lure ; nay , even the worst of them have not forgot to be solicitous in this case : but it must be set down , That whatsoever positive Laws are repugnant to those generall , they are injurious , and ought to be repealed : And truly it is a sad observation , that as Monarchs grow , either out of the weaknesse of Government , and ( as I may say ) pupillage , as Romulus and Theseus did at Rome and Athens , or else out of the disease or depravation of them , as Caesar again invaded Rome , so have the people been never more enamoured of them , then when manners were at the highest corruption , which ever gave accesse of strength to them ; nor have they more distasted them , then when their Spirits and Discipline were the most brave and healthfull ; so fatally disagreeing are true Liberty , which is the very source of Virtue and Generosity , and the impotent Domination of a Single Tyrant , who commonly Raign by no other means , then the discords of braver Citizens , who can neither indure Equality or Superiority among themselves , and rather admit a generall Vassalage , then just equality , or the vices of the baser , which reconcile them and concern them in a bad example . But suppose Succession a thing sacred and inviolable , yet once break and interrupt it , it is little worth , either the Usurper being to be acknowledged regular , or the whole Series dash'd out of order : Nay , we see Aspirers themselves , either so blinded with their pretences , or with animosity , so crying their own up , that it is almost impossible for any private judgement to do right in this case , themselves thwarting one another , and it not being in the power of nature that both should be right : But who can instance one Monarch , whose Crown is come to him by untainted Succession ? and what History will not confirm the Example , I shall anon bring : Certainly though Succession were a thing that had not so little reason or being , yet I see not why men should with such a strange pertinacy defend it : Matters of Government ought to be governed by prudence , but this is to put them into the hands of Fortune , when a Child uncapable or infirm , under the Regiment of a Nurse , must ( possibly ) be Supreme Governour , and those whom either their Abilities or vertues fit for it , Subordinate or laid aside : But what if the person whom Necessity hath set at the Stern , be uncapable , Lunatick , Weak or Vicious , is not this a good way to prevent Controversies ? with all this enervates all good Councel , when a King should have need of Tutours , and that a masse of people should be commanded by one who commands not himself , and when we scarce obey even excellent Princes , to adore shadows and weak ones . As for Boxhornius distinction of successive , wherein the next Heir must necessarily succeed out of the Originall right of the former , I would ask him , whether the Predecessour were a Possessour or usufructuary ; if the former , all our former Arguments fall on him ; if the latter , it makes not for his Successour , the people being owners ; and besides , the distinction is one of his own Coyning , never pretended before , upon the first controversie it is invalid , although the first founder had a right , as we have proved the contrary . Having with what brevity I could , brought to an end my first intention . I shall now fall upon the second , which is the intrinsical value and expediency of this Government , and some little comparison with others ; but herein we shall be short , and onely so far as concerns this : And indeed it is a businesse so ticklish , that even Mr. Hobs in his de Cive , though he assured himself that the rest of his Book ( which is principally erected to the assertion of Monarchy ) is demonstrated , yet he doubts whether the Arguments which he brings to this businesse be so firm or no ; And Malvezzi contrarily remonstrates ( in his discourses upon Tacitus ) that Optimacies are clearly better then Monarchies , as to all advantages . And indeed if we look on their Arguments , they are either Flourishes , or meerly Conceptions , such are the reference and perfection of an Unity , which must needs work better and more naturally , as one simple cause ( besides that it stills and restrains all other claims ) then many co-ordinate , whereas they never consider that though among many joynt Causes , there may be some jarring , yet like crosse wheels in an Engine , they tend to the regulation of the whole ; What violent mischiefs are brought in by the contentions of Pretenders , Ambiguities of Titles , and lawlesse ambition of Aspirers , whereas in a setled Republick all this is clear ; and in case any particular man aspire , they know whom to joyn against and punish as a Common Enemy . As for that which alledges the advantage of secresie in businesse , it carries not much with it , in regard that under that even most pernicious designs may be carryed on ; and for wholsome counsels ( Bating some more nice Transactions ) it matters not how much they be tost , among those who are so much entrusted and concerned in them , all crosse Designs being never in probability so feeble and ineffectuall , as when there are many eyes to over look them , and voyces to decry them . As for that expedition in which they say Monarchs are so happy , it may as well further a bad intention , as give effect to a just Councell , it depending on the judgement of a single man , to whose will and ends all must refer ; whereas a select number of Entrusted persons may hasten every opportunity with a just slownesse as well as they , though indeed ( unlesse it be in some Military Criticall minuts ) I see not such an excellency in the swiftnesse of heady dispatch , precipitation in Councels being so dangerous and Ominous . As for what concerns private Suitors , they may as ( if not more ) speedily and effectually be answered in staid Re-publicks , as in the Court of a King , where Bribery and unworthy Favourites do not what is just , but what is desired . With these and many others as considerable , which partly willingly , and partly in this penury of Books , forgettingly I passe , do they intend to strengthen this fantasticall and airie building ; but as sly Controverters , many times leave out the principall Text or Argument , because should it be produced it could not be so easily answered ; so these men tell us all the advantages of Monarchy , supposing them still well setled , and under men virtuous , but you shall never hear them talk of it , in Statu corrupto , under lewd Kings and unsetled Laws ; they never let fall a word of the dangers of Inter-reigns , the minorities and vices of Princes , Misgovernments , evil Councels , Ambitions , Ambiguities of Titles , and the Animosities and Calamities that follow them , the necessary Injustices and Oppressions by which Monarchs ( using the peoples wealth and bloud against them ) hold them fast in their seats , and by some suspension of Divine Justice die not violently . Whereas , other Governments established against all these evils , being ever of vigour and just age setled in their own right , freed from pretences , served by experienced and engaged Councels , and ( as nothing under the Moon is perfect ) sometimes gaining and advantag'd in their Controversies , which have not seldome ( as we may see in old Rome ) brought forth good Laws and Augmentations of Freedome , whereas once declining from their purity and vigour ; and ( which is the effect of that ) ravisht by an Invader , they languish in a brutish servitude ( Monarchy being truly a disease of Government ) and like Slaves , stupid with harshnesse and continuance of Slavery , wax old under it , till they either arrive at that period which God prescribes to all people and Governments , or else better Stars and Nephews awaken them out of that Lethargy , and restore them to their Pristine Liberty , and its Daughter happinesse . But this is but to converse in Notions , wandring , and ill abstract from things , let us now descend into practicall observation and clearly manifest out of the whole Series of Time and Actions , what circumstances and events have either ushered or dog'd one race of Kings , That if there were all the justice in the world , that the Government of a Nation should be entailed upon one Family , yet certainly we could not grant it to such an one , whose Criminall lives and formidable deaths , have been evidences of Gods wrath upon it for so many Generations . And since no Countrey that I know , yields such an illustrious example of this as Scotland does , and it may be a charity to bring into the way such as are misled , I have pitched upon the Scottish History , wherein as I have onely consulted their own Authours , as my fittest witnesses in this case ; So have I ( not as a just History , but as far as concerns this purpose ) faithfully and as far as the thing would permit , without glosses represented it , so that any calm understanding may deduce , that the vengeance which at the present is levell'd against the Nation , is but an attendant of this new introduc'd Person , and that he himself , though for the present he seems a Clog among his Frogs , and suffer them to play about him , yet God will suffer him ( if the English Army prevent not ) to turn Stork and devour them , while their cries shall not be heard , as those that ( in dispight of the warning of Providence , and light of their own reasons , for their own corrupt Interest & greedy Ambition ) brought these miseries upon themselves . THE INSTANCE Out of the Scottish History , Which is the Second Part. ANd now we come to our main businesse , which is the review of Story , wherein we may find such a direct and uninterrupted Series , such mutuall Endearments between Prince and People , and so many of them crowned with happy Reigns and quiet Deaths ( two together scarce dying naturally ) that we may conclude , that they have not onely the most reason , but a great deal of excellent Interest , who Espouse the Person and Quarrell of the hopefull descendant of such a Family ; nor shall we be so injurious to the glory of a Nation , proud with a Catalogue of Names and Kings , as to expunge a great part of their number ; though some who have done it affirm , There can be no probability that they had any other being then what Hector Boyes , and the black Book of Pasley ( out of which Buchanan had most of his materials ) bestow on them , there being no mention of the name of Scot in any Authentick Writer , till Four hundred years after Christ : No , we shall no more envy these old Heroes unto them , then their placing the red Lion in the Dexter point of their Eschutcheon : But though we might in justice reject them as Fabulous and Monkish , yet since themselves acknowledge them , and they equally make against them , we shall run them over like veritable History : The first of this blessed race was Fergus , first Generall , and afterward got himself made King , but no sooner cast away on the coast of Ireland but a contention arises about the validity of their Oath to him , and Uncles are appointed to succeed , which argues it Elective ; so Feritharis Brother to Fergus is King , but his Nephew enters a Conspiracy against him , forces him to resigne and flie to the Isles , where he died . Foritharis dying soon after , was suspected to be poisoned : after him comes in Main ( Fergus second sonne ) who with his sonne Dornadilla reigned quietly fifty seven years . But Reuther his sonne , not being of age , the people make his Uncle Nothat take the Government , but he misruling , Reuther , by the help of one Doualus , raised a party against him and beheads him ; makes himself King with the indignation of the People that he was not elected , so that by the kindred of Nothat he is fought with , taken and displaced , but afterward makes a party and regains : His son Thereus was too young , so that his Brother Rhoutha succeeded , but after seventeen years was glad to resigne . Well , Thereus reigns , but after six years declines to such lewdnesse that they force him to flie , and govern by a Prorex after his death ; Josina his Brother , and his Son Finan are Kings , and quietly die so . But then comes Durst , one who slaies all the Nobility at a Banquet , and is by the People slain ; after his death the validity of the Oath to Fergus is called in question , and the elective power vindicated ; but at length Even his brother is admitted , who though he ruled valiantly and well , yet he had Gillus a bastard Son , Vaser & Regni Cupidus : The next of the line are two Twins Docham and Dorgall ( sons of Durst ) they while they disputed of priority of age , are by the artifice of Gillus slain in a tumult ; who makes a strong party , and seizing of a Hold , sayes he was made Supervisor by his Father , and so becomes King , cuts off all the race of Durst , but is after forc'd out of the Kingdom , and taken by Even the second his Successor ( who was chosen by the People ) and by him put to death in Ireland : after Even comes Eder : after Eder , his son Even the third , who for making a Law , that the Nobility should have the enjoyment of all new married women before they were touched by their husbands , was doomed to prison during his life & there strangled ; his Successor was his Kinsman Metellan ; after whom was elected Caratac , whom his brother Corbret succeeded ; but then came Dardan ( whom the Lords made take on him the Government , by reason of the nonage of Corbrets son ) who for his lewdness was taken by the People and beheaded . After him Corbret the second , whose Son Luctac for his lewdness was by the People put to death ; then was elected Mogald , who following his vitious Predecessors steps , found his death like theirs , violent . His Son Conar one of the Conspirators against him succeeded , but mis-governing , was clapt in Prison and there dyed . Ethodius his Sisters son succeded , who was slain in the night in his Chamber by his Piper . His Son being a Minor , Satrael his brother was accepted who seeking to place the succession in his own line , grew so hatefull to the People , that not daring to come abroad , he was strangled in the night by his own servants , which made way for the youngest Brother Donald , who out-did the others vices by contrary vertues ; and had a happy raign of one and twenty years . Ethodiis the second , Son of the first of that name was next , a dull un-active Prince , Familiarum tumultu occisus . His Son Athirco promised fair , but deceived their expectations with most horrid lewdness , and at length vitiated the daughters of Nathaloc a Nobleman , and caused them to be whipt before his eyes , but seeing himself surrounded by Conspirators , eluded their fury with his own sword ; his Brother and Children being forced to flie to the Picts . Nathaloc turning his injury into ambition made himself King , and governed answerably , for he made most of the Nobility to be strangled , under the pretence of calling them to Councell , and was after slain by his own servants . After his death , Athirco's children were called back , and Findor his son , being of excellent hopes , accepted ; who made good what his youth promised ; he beat in sundry Battels Donald the Islander , who seeing he could not prevail by force , sent two , as Renegadoes , to the King , who ( being not accepted ) conspire with his Brother , by whose means one of them slew him with a hunting spear when he was a hunting . His brother Donald succeeds ( the youngest of the three ) who about to revenge his Brothers death hears the Islander is entred Murray : whom he encountring with unequal forces , is taken prisoner with thirty of the Nobility , and whether of grief , or his wounds , dyes in Prison . The Islander , that had before assumed the name , now assumed the power ( the Nobles , by reason of their kindred prisoners , being overawed ) this man wanting nothing of an exquisite Tyrant , was , after twelve years Butcheries , slain by Cratherinth son of Findor , who under a disguise found address and opportunity . The brave Tyrannicide was universally accepted , and gave no cause of repentance , his Raign is famous , for a War begun between the Scots and Picts about a Dog ( as that between the Trojans and Italians for a white Hart ) and the defect on of Carausius from Dioclesian which happened in his time . His Kinsman Fyncormach succeeded , worthy of memory for little but the piety of the Culdys ( an order of Religious men of that time overborn by others succeeding ) hee being dead , three sonnes of his three brothers contended ; Romach as the eldest strengthned by his alliance with the Picts , with their assistance seized on it , forcing others to fly , but proving cruell , the Nobility conspired and slew him . Angusian , another pretender , succeeds who being assailed by Nectam King of the Picts , who came to revenge Romach , routed his Army in a pitcht battel , but Nectham coming again he was routed and both he and Nectham slaine . Tethelmac , the third pretender came next , who beating the Picts , and wasting their fields ; Hergust when he saw there could be no advantage by the sword , suborned two Picts to murther him , who drawing to conspiracy , the Piper that lay in his Chamber ( as the manner was then ) he at the appointed time admitted them , and there slew him . The next was Even son of Fincormac , who was slain in a Battell with the Picts , to the almost extirpation and banishment of the Scots ; but at the last the Picts taking distaste at the Romans entred into a secret League with the Scots , and agreed that Fergus , ( whose , Uncle the last King was ) being then in banishment , and of a Militari breeding and inclination should be chosen King : with him the Danes maintained a long War with the Romanes , and pulled down the Picts wall , at last he and the King of Picts were in one day slain in a battell against them ; This mans access to Government was strange , ignotus Rex ab ignoto populo accersitus , and may be thought temerarious ; he having no Land for his People , and the Roman Name inimicall , yet founded he a Monarchy , there having been Kings ever since ; and we are to note , this is the first man that the sounder writers will allow to be reall and not fabulous . Him succeded his son Engenius ( whose Grandfather Grahame had all the power ) a Warlike Prince whom some say slain , some dead of a disease . After him his Brother Dongard , who after the spending of five superstitious years , left the Crown ( as they call it ) to his youngest Brother Constantine ; who from a good private man turned a lew Prince , and was slain by a Nobleman , whose daughter he had ravished ; he was succeeded by Congall Constantines son , who came a tolerable good Prince to a loose people , and having spent some two and twenty years in slight excursions against the Saxons , left the rule to his Brother Goran , who notwithstanding he made a good League against the Brittains , which much conduced to his and the Peoples settlement , yet they in requital , after thirty four years , made away with him ; which brought in Eugenius the third of that name , the son of Congall , who was strongly suspected to have a hand in his death , insomuch that Gorans widow was forced to flie into Ireland with her children : This man in thirty three years time did nothing but Reign , and make short incursions upon the Borders ; he left the rule to his Brother Congall , a Monastical , Superstitious and unactive Prince , who Reigned ten years . Kynnatell his Brother was designed for Successor , but Aydan the son of Goran laid his claime , but was content to suspend in respect of the age and diseases of Kynnatell , which after fourteen moneths took him out of the world and cleared the Controversie , and Aydan by the consent of Columba ( a Priest that Governed all in those dayes ) came to be King ; a man that after thirty four years turbulently spent , being beaten by the Saxons and struck with the death of Columba dyed of grief . After him was chosen Kenneth , who hath left nothing behinde him but his name . Then came Eugenius the fourth , son of Aydan ( so irregular is the Scots succession that we see it inverted by usurpation or cross elections in every two or three Generations ) this man left an ambiguous fame , for Hector , sayes he was peaceable , the Manuscript implacably severe , he Reigned sixteen years , and left his sonne Ferchard Successour , who endeavouring to heighten the Prerogative by the dissentions of the Nobility , was on the contrary impeached by them , and called to an account , which he denying was clapt in Prison , where he himself saved the Executioner a labour : So that his Brother Donald succeeded , who being taken up with the Piety of those dayes , left nothing memorable , save that he in Person interpreted Scots Sermons unto the Saxons : He was followed by his Nephew Ferchard , sonne of the first of that name , a thing like a King in nothing but his exorbitancies , who in hunting was wounded by a Wolf , which cast him into a Feaver , wherein he not observing the imposed Temperance , brought upon himself the lowsie disease , upon which discomforted , he was by the perswasion of Colman ( a Religious man ) brought out in his bed covered with Hair-cloth , where he made a publick acknowledgement to the People , and soon after died . Maldwin , Donalds son followed , who after a twenty years ignoble Reign was strangled by his Wife . Eugenius the Fift succeed , son ( they say ) of King Dongard , though the Chronologie seem to refute it : This man spent five years in slight incursions , and was succeeded by Eugenius the Sixt , son of Ferchard : This man is famous for a little learning , as the times went ; and the prodigie of raining of bloud seven dayes , all Lacticinia turning into bloud . Amberkelleth nephew to Eugenius the Fift , succeeded this rude Prince , while he was discharging the burden of Nature , was slain by an arrow from an unknown hand . Eugenius the Seventh followed , who being attempted by Conspiratours , had his new-married Wife slain in bed beside him ; for which he being accused produced the murderers before his triall , and was acquitted , and so ended the rest of his 17. years in peace , recommending unto the People Mordack , son of Amberkelleth , who continuing a blank raigne , or it may be a happy one , in regard it was peaceable , left it to Etfyn , son of Eugenius the seventh ; the first part of his reigne was peaceable ; but Age obliging him to put the Government into the hands of four of his servants , it hapned to him , as it doth to other Princes , whose fortunes decay commonly with their strength , that it was very unhappy and turbulent : Which miseries , Eugenius the Eighth , son of Mordack restrained ; but he it seems , having a nature fitter to appease tumults , then to enjoy rest , at the first enjoyment of peace , broke into such lewdnesse , that the Nobility at a meeting stabb'd him , and made way for Fergus the sonne of Etfyn , one like his Predecessour in manner , death , and continuance of reigne , which was three years ; the onely dissimilitude was , that the latter's Wife brought his death ; for which , others being impeached , she stept in and confessed it , and to elude punishment , punished her self with a knife . Soluath , son of Eugenius the Eighth , followed him , who though his gout made him of lesse Action , yet it made his prudence more visible , and himself not illaudable , his death brought in Achaius the son of Etfyn , whose reign was innobled with an Irish War , and many learned men , besides the assistance , lent Hungus to fight against the Northumbrians , whom he beat in famous battell , which ( if I may mention the matter ) was presignified to Hungus in a dream ; Saint Andrew appearing to him , and assuring him of it , and in the time of the battell , a white Crosse , ( that which the Heraulds call a Saltier , and we see commonly in the Scots Banners ) appeared in the Sky ; and this I think to have been the occasion of that bearing , and an order of Knights of Saint Andrew , sometimes in reputation in Scotland , but extinguished for ought I can perceive , before the time of James the Sixth , though the Collar and Pendent of it are at this day worn about the Scots Arms . To this man Congal his Cousin succeeded , who left nothing behind him but five years to stretch out the account of time . Dongal the son of Soluath came next , who being of a nature fierce and insupportable , there was an endeavour to set up Alpine son of Achaius , which designe by Alpine himself was frustrated , which made the King willinger to assist Alpine in his pretension to the Kingdome of Picts , in the which attempt he was drowned , and left unto Alpine that which he before had so nobly refused , who making use of the former raised an Army , beat the Picts in many signall Victories ; but at last was slain by them , leaving his name to the place of his death , and the Kingdome to his son Kenneth . This man seeing the People broken with the late War , and unwilling to fight , drew on by this subtilty , invites the Nobility to dinner , and after plying them with drink till midnight , leaves them sleeping on the floor ( as the manner was ) and then hanging Fish-skins about the wals of the Chamber , and making one speak through a trunk , and call them to Warre : they waking , and half asleep , supposed something of Divinity to be in it , and the next morning not onely consented to War , but ( so strange is deluded imagination , ) with unspeakable courage fell upon the Enemy , and put them to the rout : which being confirmed by other great Victories , utterly ruined the Pictish Name . This man may be added to the two Ferguses , and truly may be said to be the Founder of the Scots Empire , not onely in making that the middle of his Dominion , which was once the bounds : But in confirming his acquests with good Laws , having opportunitie of a long peace which was Sixteen years , his whole time of Government being Twenty . This was he that placed that Stone , famous for that illusory Prophesie , Ni fallat fatum &c. ( which first was brought our of Spain and Ireland , and from thence to Argyle ) at Scown ; where he put it in a Chair , in which all his Successours ( till Edward the First brought it away ) were crowned , and since that , all the Kings of England , till the happinesse of our Common-wealth made it uselesse . His Brother Donald was his Successour , a man made up of extreamities of virtues and vices , no man had more bravery in the field , nor more vice at home , which increasing with his years , the Nobility put him in prison , where either for fear or scorn , he put an end to his dayes , leaving behind him his brother Constantine , a man wanting nothing of him but his vices , who struggling with a potent Enemy , ( for the Picts had called in the Danes ) and driving them much into despair ( a bravery that hath not seldome ruin'd many excellent Captains ) was taken by them , put into a little Cave , and there slain . He was succeeded by Ethus his brother , who had all his eldest brothers vices , and none of his seconds virtues ; Nature it seems , making two extremes , and a middle in the three Brethren : This man voluptuous and cowardly , was forced to resigne ; or , as others say , died of wounds received in a Duell from his Successour , who was Gregory son of Dongal , who was not onely an excellent man , but an excellent Prince , that both recovered what the others had lost , and victoriously traversed the Nothern Counties of England , and a great part of Ireland , whose King a Minor , and in his power , he generously made no advantage of , but setled his Countrey , and provided faithfull and able Guardians for him . These things justly yield him the name of Great : Donald son of Constantine the second by his recommendation , succeeded in his power and virtues , notwithstanding some say he was removed by poyson : Next was Constantine the third , son of Ethus , an unstable person , who assisted the Danes , which none of his Predecessours would do , and after they had deserted him basely , yet yielded them succours , consisting of the chief of the Scots Nobility , which with the whole Danish Army were routed by the Saxons ; this struck him so , that he retired amongst the Culdys ( which were as the Greek Caloyers , or Romish Monks at this day ) and there buried himself alive : After him was Milcom , son of Donald the third , who though a good Prince , and well skill'd in the arts of peace , was slain by a Conspiracy of those to whom his virtue was burthensome : His Successour was Judulf ( by what title I find not ) who fighting with the Danes , that with a Navy unexpectedly came into the Frith , was slain : Duffe his son succeeds , famous for an accident , which if it be true , seems nearly distant from a fable ; He was suddenly afflicted by a sweating disease , by which he painfully languish'd , yet no body could find the cause , till at last a Girl , that had scattered some words after torments , confessed that her mother and some other women , had made an Image of wax , which , as it wasted , the King should waste , by sweating much ; the place being diligently searched , it was found accordingly ; so the Image being broke , he instantly recovered : That which disturbed his five years Reign , was the turbulency of the Northern people , whom , when he had reduced and taken , with intent to make exemplary punishment , Donald the Commander of the Castle of Forresse , where he then lay , interceded for some of them , but being repulst , and exasperated by his wife , after he had made all his servants drunken , flew him in his bed , and buried him under a little bridge , ( lest the cutting of turfs might bewray a grave ) near Kilross Abbey ; though others say , he turned aside a River , and after he had buried him , suffered it to take its former Channel : Culen the son of Induffe , by the Election of Parliament , or Convention of People succeeded , good onely in this one Action of inquiring and punishing his Predecessours death , but after , by the neglect of Discipline , and the exquisitnesse of his vices , became a monster , and so continued three years , till being weakned and exhausted in his body , and vext with perpetuall diseases he was summoned by the Parliament , and in the way , was slain by a Thane ( so they then called Lieutenants of Counties ) whose daughter he had ravished . Then came Kenneth , brother to Duff ( though the forepart of his Keign was totally unlike his ) who being invaded by the Danes , beat them in that famous battel , which was won by three Hays , husbandmen ( from whom all the Hays now give three shields gules ) who with their Sythes reinforced the lost battel , but in his latter time he lost this reputation , by poysoning Milcolm sonne of Duff , to preserve the Crown for a son of his name , though of lesse merit ( for sayes Bucanan , They use to choose the fittest , not the nearest ) which being done , he got ordained in a Parliament , that the Succession should be lineall , the Son should inherit , and be called Prince of Scots ; and if he were a minor , be governed by some wise man ( here comes the pretence of Succession , whereas before it was clearly Elective ) and at fifteen , he should choose his Guardian himself ; But the Divine vengeance , which seldome , even in this life , passes by murther , overtook him ; for he was insnared by a Lady , whose son he had caused to be executed , and slain by an arrow out of an ambush she had laid . Constantine the son of Culen , notwithstanding all the artifice of Kenneth , by his reasoning against the Act , perswaded most of the Nobility to make him King , to that Milcolm the son of Kenneth and he made up two factions , which tore the Kingdome , till at length Milcoms Bastard Brother ( himself being in Englaend assisting the Danes ) fought him routed his Army , and with the losse of his own life , took away his , they dying of mutuall wounds . Grime , of whose birth they do not certainly agree , was chosen by the Constantinians , who made a good party , but at intercession of Forard ( an accounted Rabbi of the times ) they at last agreed , Grime being to enjoy the Kingdome for his life , after which Milcolumb should succeed , his fathers Law standing in force ; but he after declining into lewdnesse , cruelty and spoil ( as Princes drunk with greatnesse and prosperity use to do ) the people called back Milcolumb , who rather receiving battel then giving it ( for it was upon Ascention day , his principall Holy-day ) routed his Forces , wounded himself , took him , pulled out his eyes , which altogether made an end of his life , all factions and humours being reconciled . Milcolumb , who with various Fortune fought many signall Battels with the Danes , who under their King Sueno had invaded in his latter end he grew to such Covetousness and Oppression , that all Authours agree he was murthered , though they disagree of the manner ; some say , by Confederacy with his servants ; some , by his Kinsmen and Competitours ; some , by the friends of a maid , whom he had ravished . Donald his Grandchild succeeded , a good natur'd and unactive Prince , who with a stratagem of sleepy drink , destroyed a Danish Army that had invaded and distressed him , but at last being insnared by his Kinsman Mackbeth ( who was pricked forward by Ambition , and a former vision of three women of a Sour-humane shape , whereof one saluted him , Thane of Angus , another of Murray the third King ) he was beheaded . The severity and cruelty of Mackbeth was so known , that both the sons of the murthered King were forced to retire , and yield to the times , whilest he courted the Nobility with largesses : The first ten years he spent virtuously , but the remainder was so savage and Tyrannicall , that Macduff Thone of Fife fled into England to Milcolm , son of Donald , who by his perswasions , and the assistance of the King of England , enterd Scotland , where he found such great accessions to his party , that Mackbeth was forced to fly , his death is hid in a such a mist of Fables , that it is not certainly known . Milcolumb , the third of that name , now being quietly seated , was the first that brought in those gay inventions and distinctions of Honours , Dukes , Marquesses ( that now are become so ayery , that some carry them from places , to which they have as little relation as any , as Island in America , and other from Cottages and Dovecoats ) his first trouble was Forfar Mackbeths son , who claimed the Crown , but was soon after cut off : some war he had with that William , whom we call falsly the Conquerour , some with his own People , which , by the Intercession of the Bishops , were taken up : At length , quarrelling with our William the second , he laid Siege to Alnwick Castle , which being forced to extremity , a Knight came out with the Keys on a Spear , as to present them to him , and yield the Castle , but he not with due heed receving them , was runne through the eye and slain ; some from hence derive the name of Piercy ( how truly I know not ) his sonne and Successour Edward following his revenge too hotly , received some wounds , of which , within a few dayes , he died . Donald Bane ( that is white ) who had fled into the Isles for fear of Mackbeth , promised them to the Kings of Norway , if he would procure him to be King , which was done with ease , as the times then stood , but this Usurper being hated by the People , who generally loved the memory of Milcomb , they set Duncan Milcombs Bastard against him , who forced him to retire to his Isles ; Duncan a Military man , shewed himself unfit for Government , so , Donald waiting all advantages , caused him to be beheaded , and restored himself ; but his Reign was so turbulent , the Islanders and English invading on both sides , that they called in Edgar sonne of Milcolmb , then in England , who , with small assistances , possest himself , all men deserting Donald , who being taken and brought to the King died in Prison . Edgar secure by his virtues , and strengthened by the English alliance , spent nine years virtuously and peaceably , and gave the People leave to breathe and rest after so much trouble and bloudshed . His Brother Alexander , sirnamed Acer , or the fierce , succeeded , the beginning of whose Reign , being disturbed by a Rebellion , he speedily met them at the Spay , which being a swift River , and the Enemy on the other side , he offered himself to foard on horse-back but Alexander Car taking the imployment from him , foarded the River with such courage , that the Enemy fled , and were quiet . The rest of his Reign some say he had the name of Acer , for that some Conspiratours being by the fraud of Chamberlain , admitted into his Chamber , he casually waking first , slew the Chamberlain , and after six of the Conspiratours , not ceasing to pursue the rest , till he had slain most of them with his own hands , this with the building of some Abbeys , and seventeen years Reign , is all we know of him . His Brother David succeeded , one whose profuse prodigality upon the Abbeys brought the revenew of the Crown ( so prevalent was the superstition of those dayes ) almost to nothing , he had many battels with our Stephen about the title of Maud the Empresse , and having lost his excellent wife and hopefull Sonne in the flower of their dayes , he left the Kingdome to his Grandchildren , the eldest whereof was David a simple King , baffled , and led up and down into France by our Henry the second , which brought them to such contempt , that he was vext by frequent Insurrections , especially them of Murray , whom he almost extirpated ; the latter part of his Reign was spent in building of Monasteries , he himself tyed by a Vow of Chastity , would never marry , but left his Successor his brother William , who expostulating for the Earldom of Northumberland gave occasion for a War , in which he was surprized and taken , but afterwards releast upon his doing Homage for the Kingdom of Scotland to King Henry , of whom he acknowledged to hold it , and puting in Caution the Castles of Roxborough ( once strong , now nothing but ruins ) Barwick , Edinburgh , Sterling , all which notwithstanding was after released by Richard Ceur de Lyon , who was then upon an expedition to the Holy War , from whence returning , both he , and David Earl of Huntington , brother to the King of Scots were taken Prisoners : the rest of his Reign ( saving the rebuilding of Saint Johnstone , which had been destroyed by the waters , whereby he lost his eldest Son ; ) and some Treaties with our King John was little worth the memory ; only you will wonder that a Scottish King could Reign fourty nine years and dye in peace . Alexander his sonne succeeded , famous for little , save some Expeditions against our King John , some Insurrections , and a Reign two years longer then his Fathers . His sonne was the third of that name , a boy of eight years old , whose Minority was infested with the turbulent Cumins , who at riper age , being called to accompt , not onely refused , but surprized him at Sterling , governing him at their pleasure ; but soon after he was awaked by a furious Invasion of Acho King of Norway ( under the pretence of some Islands given him by Mackbeth ) whom he forced to accept a Peace and spent the latter part amidst the turbulencies of the Priests ( drunk at that time with their wealth and ease ) and at last having seen the continued funerals of his Sons , David , Alexander , his wife , and his daughter , he himself with a fall from his horse broke his neck , leaving of all his race , onely a Grand-childe by his daughter , which dyed soon after . This mans family being extinguished , they were forced to run to to another Line , which that we may see how happy , expedient , immediate Succession is for the Peace of the Kingdom , and what miseries it prevents ; I shall as briefly and as pertinently as I can , set down . David , brother to King William , had three daughters . Margaret marryed to Allan , Lord of Galloway , Isabell marryed to Robert Bruce , Lord of Annadale and Cleveland ; Ada marryed to Henry Hastings , Earl of Huntington now Allan begot on his wife Dornadilla married to John Baliall after King of Scotland , and other two daughters , Bruce on his wife Robert Bruce , Earle of Carick , ( having married the heretrix thereof , ) as for Huntington he desisted his claime ; The question is , whether Balial in right of the eldest daughter , or Bruce being come of the second ( but a man ) should have the Crown , he being in the same degree , and of the more worthy sex ; the Controversie being tost up and down , at last was referred to Edward the first of that name of England he thinking to fish in these troubled waters , stirs up eight other Competitors , the more to entangle the business , and with twenty four Councellors , half English , half Scots , and abundance of Lawyers , fit enough to perplex the matter , so handled the business , after cunning delayes , that at length he secretly tampers with Bruce ( who was then conceived to have the better right of the businesse ) that if he would acknowledge the Crown of him , he would adjudge it for him , but he generously answering that he valued a Crown at a less rate , then for it to put his Countrey under a Forraign yoke ; he made the same motion to Baliall , who accepted it ; and so we have a King again , by what right we all see , but it is good reason to think that Kings , come they by their power never so unjustly , may justly keep it . Baliall having thus got a Crown as unhappily kept it , for no sooner was he Crowned , and had done honage to Edward , but the Abernethys having slain Macduffe Earl of Fife , he not onely pardoned them , but gave them a peice of land in controversie , whereupon Macduffs brother complainis against him to Edward , who makes him rise from his seat at Parliament and go to the bar , he hereupon enraged , denyes Edward assistance against the French , and renounses his homage , Edward hereupon comes to Berwick takes and kils seaven thosand , most of the Nobility of Fife and Lowthian , and after gave them a great defeat at Dunbar , whose Castle instantly surrendred : After this , he marched to Montrosse , where Baliall resined himself and Crown , all the Nobility giving Homage to Edward , Baliall is sent prisoner to London , and from thence after a years detention into France . Whilest Edward was possest of all Scotland , one William Wallace arose , who being a private man , bestirred himself in the Calamity of his Countrey , and gave the English severall notable foyles . Edward coming again with an Army , beat him ( that was overcome with envy and emulation as well as power , upon which he laid by his Command , and never acted after , but slight Incursions ) but the English being beaten at Roslin , Edward comes in again , takes Sterling , and makes them all render homage ; but at length Bruce , seeing all his promises nothing but smoak , enters into League with Cumen to get the Kingdome ; but being betrayed by him to Edward , he stabbed Cumen at Drumfreis , and made himself King . This man though he came with disadvantage , yet wanted neither patience , courage , nor conduct ; so that after he had miserably lurk'd in the mountains , he came down , and gathering together some force , gave our Edward the second such a defeat near Sterling , as Scotland never gave the like to our Nation , and continued war with various fortune with the Third , till at last , age and Leprosie brought him to his grave . His son David a Boy of eight years , inherited that which he with so much danger obtained , and wisdom kept ; In his minority he was governed by Thomas Randolf Earl of Murray , whose severity in punishing was no lesse dreaded then His valor had been honoured , but he soon after dying of poyson , and Edward Balial , son of John , coming with a Fleet , and strengthend with the assistance of the English , and some Robbers , the Governour the Earl of Mar was put to the rout , so that Balial makes himself King , and David was glad to retire into France ; Amidst these parties ( Edward the third backing Balial ) was Scotland pitifully torn , and the Bruces in a manner extinguished , till Robert ( after King ) with them of Argyle and his own Familie and Friends , begin to renew the Claim , and bring it into a War again , which was carried on by Andrew Murray the Governour , and after by himself ; that David after nine years banishment durst return , where making often Incursions , he at length in the fourth year of his return , march'd into England , and in the Bishoprick of Durham was routed , fled to an obscure Bridge , shewed to this day by the Inhabitants , where he was by Iohn Copland taken prisoner , where he continued nine years , and in the thirty ninth yeare of his Reigne died . Robert his sisters son , whom he had intended to put by , succeeds , and first brought the Stewarts ( which at this day are a plague to the Nation ) into play : This man after he was King , whether it were age or sloth , did little ; but his Lieutenants and the English were perpetually in Action ; he left his Kingdom to John his Bastard Son by the Lady More his Concubine , whom he married , either to Legittimate the three Children ( as the manner was then ) he had by her , or else for old acquaintance ( his Wife and her Husband dying much about a time ) this John would be Crowned by the name of Robert ( his own they say , being unhappie for Kings ) a wretched unactive Prince , lame , and onely governed by his brother Walter , who having David the Prince , upon the complaint of some exorbitancies , delivered to him to take care of , made him to be starv'd ; upon which the King intending to send his Son James into France , the Boy was taken at Flamburgh , and kept by our Henry the Fourth ; upon the hearing of which , his Father swounded , and soon after died : His reign was memorable for nothing , but his breaking with George Earl of March , to whose daughter , upon the payment of a great part of her portion ( which he never would repay ) he had promised his Son David for an husband : to take the Daughter of Douglas who had a greater , which occasioned the Earl of March to make many in-rodes with our Henry Hot-spur ; and a famous Duel of three hundred men a piece , whereof of the one side ten remained , and of the other one , which was the onely way to appease the deadly Feuds of two Families : The Inter-reign was governed by Robert , who enjoying the power , he had too much coveted , little minded the libertie of his Nephew , onely he sent some Auxiliaries into France , who , they say , behaved themselves worthily ; and his slothfull Son Mordac , who making his Sons so bold with indulgence , that one of them kill'd a Faulcon on his fist , which he denied to give him ; he in revenge procured the Parliament to ransom the King , who had been eighteen years prisoner . This James was the first of that Name , and though he was an excellent Prince , yet had a troublesom Reign ; first in regard of a great Pension raised for his Ransome , next for Domestick Commotions , and lastly for raising of money , which though the Revenue was exhausted , was called Covetousnesse , which having offended Robert Graham , he conspired with the Earl of Athol , slew him in his Chamber , his Wife receiving two wounds , endeavouring to defend him . This James left the second , a boy of six years , whose infancy by the mis-guidance of the Governour , made a miserable People , and betrayed the Earl Douglas to death , and almost all that great Family to ruine ; but being supplanted by another Earl Douglas , the King in his just age suffered minority under him , who upon displeasure rebelled , and was kill'd by the Kings own hand ; afterwards having his middle years perpetually molested with Civill broils , yet going to assist the Duke of York against Henry the Sixth , he was diverted by an English Gentleman , that counterfeited himself a Nuncio ( which I mention out of a Manuscript , because I do not remember it in our Stories ) and broke up his Army : soon after besieging Roxburgh , he was slain by the bursting of a Cannon in the twenty ninth year of his Age . James the Third left a Boy of seven years , governed by his Mothe , afterwards the Boyds through the perswasions of Astrologers and Witches to whom he was strongly addicted , he declined to Cruelty , which so inraged the Nobility , that headed by his son , they conspired against him , routing his Forces near Sterling , wherein he flying to a Mill , and asking for a Confessor , a Priest came , who told him , that though he was no good Priest , yet he was a good Leech , and with that stabb'd him to the heart : A Parliament approved his death , and ordered Indemnities to all that had sought against him . James the Fourth , a Boy of fifteen years , is made King , Governed by the murtherers of his Father , a prodigall vain-glorious Prince slain at Floddon Field or as some suppose at Kelsey , by the Humes , which ( as the Manuscript alledges ) seems more probability , in regard that the Iron Belt ( a Ring to which he added every year ) which he wore in repentance for the death of his Father , was never found , and there were many the day of the Battell habited like him . His Successor was his son , James the Fifth of that Name , a Boy of not above two years of age ; under whose minority , what by the Mis-government of Tutors , what by the factions of the Nobility , Scotland was wasted almost into famine and solitude , yet in his just age , he proved an industrious Prince , but could not so satisfie the Nobility but he and they continued in a mutuall hate , till that barbarous execution of young Hamilton , so fill'd him with remorse , ( he dream-that Hamilton came and cut off his Arms , and threatned after to cut off his Head ) and displeased the people . that he could not make his Army fight with the English then in Scotland , whereupon he dyed of grief , having heard the death of his two sons , who dyed at the instant of his Dream , and leaving a Daughter of five dayes old , whom he never saw . This was that Mary , under whose minority ( by the weaknesse of the Governour , and ambition of the Cardinall ) the Kingdome felt all those woes that are threatned to them whose King is a Child . Till at length the prevalency of the English Arms ( awakes for her Cause ) brought the great designe of sending her into France to perfection , so at five years old she was t●ansported , and at fifteen married to the Daulphin Francis , after King , ( whilest her mother , daughter of the Guise , in her Regency , exercised all Rage against the Professours of the pure Religion then in the dawn ) who after two years , left her a childlesse Widow , so that at eighteen she returned into Scotland to succeed her Mother ( then newly dead ) in her exorbitoncies . This young Couple in the transport of their Nuptiall solemnities , took the Arms and Title of England ; which indiscreet Ambition we may suppose first quickned the jealousie of Elizabeth against her , which after kindled so great a flame . In Scotland she shewed what a strange influence loose education hath upon youth , and that weaker Sex , all the French effeminacies came over with her , the Court lost that little severity which was left . David Rize was the onely Favourite , and it too much feared , had those enjoyments which no woman can give , but she that gives away her honour and chastity . But a little after , Henry Lord Darnly , coming with Matthew Earl of Lenox his father into Scotland , she cast an eye upon him , and married him . Whether it were to strengthen her pretension to England , he being come of Henry the Sevenths Daughter , as we shall tell anon , or for to colour her Adulteries , and hide the shame of an impregnation , ( though some have whispered , that she never conceived , and that the son was supposititious ) or some Phrenzy of affection drew her that way ; certain it is she soon declined her affection to her husband , and encreased it to David ( he being her perpetuall Companion at Board , and managing all Affairs , whilst the King with a contemptible train was sent away ) insomuch that some of the Nobility that could not digest this , entred a Conspiracy , which the king headed , and slew him in her Chamber . This turn'd all the neglect of her Husband into rage , so that her chiefest businesse was to appease her Favorites Ghost with the slaughter of her Husband ; poyson was first attempted , but it being ( it seems ) too weak , or his youth overcoming it , that expectation failed . But the Devil and Bothwel furnish'd her with another that succeeded , she intices him being so sick , that they were forc'd to bring him in an horse-litter to Edenburgh , where she cherisht him extreemly , till the credulous young man began to lay aside suspition , and hope better ; so she puts him in a ruinous House near the Palace , from whence no news can be had , brings in her own bed , and lyes in the House with him ; and at length when the Designe was ripe , causes him one Sunday night , with his servant , to be strangled , thrown out of the window , and the House blown up with Gun-powder , her own rich bed having been before secretly conveyed away . This and other performances made her favour upon Bothwel so hot , that she must marry him , the onely obstacle was , he had a Wife already ; but she was compell'd to sue for a Divorce , which ( so great Persons being concern'd ) it was a wonder , was in granting so long as ten dayes . Well , she marries but the more honest nobilitie amazed at those exorbitances , gather together , and with arms in hands begin to expostulate : The new-married people are forc'd to make back Southwards , where finding but slender assistances , and the Queen foolishly coming from Dunbar to Leith , was glad at last to delay a parley till her Dear was escaped and then ( clad in an old tottered coat ) to yield her self a prisoner . Being brought to Edenburgh , and used rather with hate of her former enormities , then pity of her fortune , she received a message , that she must either resign the Crown to her son James ( that was born in the time of her marriage with Darnby ) or else they would proceed to another Election , and was forc'd to obey : So the Child then in his Cradle was acknowledged James the Sixth , better known afterwards by the Title of Great Brittain . The wretched mother flying after into England , was entertained ( though with a Guard ) by Queen Elizabeth , but after that being suborned by the Papists , and exasperated by the Guizes , she entered into plots and machinations , so inconsistent with the safety of England , that by an Act of Parliament she was condemned to death , which she after received by an hatchet at Fothering-gay Castle . The infancy of her son was attended with those Domestick evils that accompany minority of Kings : In his youth he took to wife the Daughter of Denmark ( a woman I hear little of , saving that Character Salust gives Sempronia , she could saltare elegantius quam necesse est probae ) with whom he supposing the Earl Gowry too much in League , caused him and his brother to be slain at their own House whither he was invited , he giving out , that they had an intent to murther him , and that by miracle , and the assistance of some men ( whom he had instructed for that purpose , and taught their tale ) he escap'd . For this Deliverance ( or to say better assasination ) he Blasphemed God with a solemne Thanksgiving once a year all the remainder of his life . Happy had it been for us , if our fore fathers had laid hold of that happy opportunity of Elizabeths death ( in which the Teuthors took a period ) to have performed that which ( perchance in due punishment ) hath cost us so much blood and sweat , and not have bowed under the sway of a Stranger , ( disdained by the most generous and wise at that time , and onely supported by the Faction of some and sloth of others ) who brought but a slender title , and ( however the assentation of the times cryed him up a Solomo ) weak commendations for such an advancement . The Former stood thus , Margaret , eldest daughter to Henry the Seventh , was married to James the Fourth , whole Son , James the Fifth , had Mary the Mother of James the Sixth . Margaret after her first Husbands death , martyrs Archibald Douglas , Earl of Angus , who upon her begot Margaret , wife of Matthew Earl of Lenox , and Mother of that Henry Darnly , whose Tragical end we just now mentioned . Now upon this slender Title , and our internal dissentions ( for the Cecilians and Essezians , for several ends , made perpetual applications ) got Jammy from a Revenew of 30000. li. to one of almost two Millions , though there were others that had as fair pretences ( what else can any of them make ) the Statute of 25. Ed. 3 expresly excluding Forreigners from the Crown ? and so the Children of Charls Brandon by Mary the Second Daughter , Dowager of France , being next to come in . And the Lady Arbella , being sprung from a third Husband , ( the Lord Stewart ) of the said Margaret , and by a Male Lyne , carried surely a formidable pretention ( it should seem ) that even that iniquitie which was personally inherent to her , made her dayes very unhappy and most part captive , and her death ( 't is thought ) somewhat too early , so cruel are the Persecutions of cowardly minds , even against the weakest and most unprotected innocence . And indeed his right to the Crown was so satisfactorie even to the most judicious of those days ; that Tobie Matthew having a suit about some priviledges which he claimed to his Bishoprick ( which was then Durham ) wherein the King opposed him ; having one day stated the Case before some of his friends , and they seeming to approve of it ; yes , sayes he , I could wish he had but half so good a Title to the Crown ; and 't is known that some speeches of Sir Walter Rawley , too generous and English for the times , was that which brought him to Trial and Condemnation for a feigned crime , and afterwards so facilitated that barbarous design of Gundamar , to cut of his head for a crime , for which he was condemned fourteen years before , and which by the Commissions he after received ( according to the opinion of the then Lord Chancellour , and the greatest Lawyars ) was in Law pardoned . This may besides our purpose , but we could not sever this Consideration , unless we would draw him with an half face , and leave as much in umbrage as we expressed . That which most solemnized his Person , was , first the consideration of his adhering to the Protestant Religion , whereas we are to consider that those slieght velitations he had with Bellarmine and the Romanists , tended rather to make his own Authoritie more intrinsecally intense , and venerable , then to confute any thing they said , for he had before shakt them off , as to Forreign Jurisdiction , and for matter of Poperie , it appeared in his latter time that he was no such enemie to it , both by his own Compliances with the Spanish Ambassadours , the design of the Spanish Match ( in which his Son was personally imbarkt ) and the slow assistances sent to his Daughter , in whose safetie and protectiod Protestantism was at that time so much concerned . For his knowledge , he had some glancings and niblings , which the severitie of the excellent Buchanan , forc'd into him in his younger time , and after conversatian somewhat polisht , but though I bear not so great a contempt to his other works , as Ben. Johnson did to his Poetrie , yet if they among many others were a going to the fire , they would not be one of the first I should rescue , as possibly expecting more severe and refin'd judgement in many other . And knowing that he that had so many able Wits at command , might easily give their their Oracles through his mouth : but suppose the things generous and fit to live ( as I am not yet convinced ) yet what commendations is this to a King ( who should have other ausinesse then spinning and weaving fine Theories , and engaging in School Ciquaneries ) which was well understood by Henry the fourth , who hearing some men celebrate him with these Attributes ; yea ( answers he very tartly ) He is a fine King , and writes little Books . 'T is true , he was a good droll , and possibly after Greek Wine somewhat factious . But for substantiall and Heroick Wisdome , I have not heard any great instances ; he himself used to brag of his kingcraft , which was not to felicifie his People , and prosecute the ends of a good King ; but to scrue up the Prerogative , divert Parliaments from the due disquisition and prosecution of their freedoms , and to break them up at pleasure , and indeed his rendition of the Cautionary Towns of the Low Countreys , and that for so small a sum , shewed him a person not so quick-sighted , and unfit to be overreach'd . For his peaceable Reigne , Honourable and just Quarrels he wanted not , but sloth and cowardize withheld him , and indeed the ease and luxury of those times , fomented and nourished those lurking and pestilent humours , which afterwards so dangerously broke out in his Sons Reign . We shall not trouble his ashes with the mention of his Personall faults , onely , if we may compare Gods Judgements with apparant sinnes ; we may find the latter end of his life , neither fortunate nor comfortable unto him , His wife distasted by him , and some say , languishing of a foul disease ; his eldest son dying , Nimis apertis indiciis , of Poyson , and that as is feared by a hand too much allied : His second ( with whom he ever had a secret Antipathy ) scarce returned from a mad and dangerous voyage ; His daughter ( all that was left of that sex ) banish'd , with her numerous issue , out of her husbands Dominion , and living in miserable exile ; and lastly , himself dying of a violent death ( by poyson ) in which his Son was more then suspected to have an hand , as may be infer'd by Buckinghams Plea , that he did it by the Command of the then Prince ; his own dissolution of the Parliament that took in hand to examine it ; and lastly , his indifferency at Buckinghams death ( though he pretended all love to him alive ) as glad to be rid of so dangerous and so considerable a Partner of his guilt ; yet the Mitred Parasites of those times , could say , one went to Heaven in Noahs Ark , the other in Elisha's chariot , he dying of a pretended Feaver , she ( as they said ) of a dropsie . Charles having now obtain'd his Brothers inheritance , carried himself in managing of it , like one that gain'd it as he did . The first of his Acts , was that glorious attempt upon the Isle of Rhee . The next that Noble and Christianly betraying of Rochell , and consequently in a manner the whole Protestant interest in France . The middle of his Reign was heightening of Prerogative and Prelacy , and conforming our Churches to the pattern of Rome ; till at last just indignation brought in his Subjects of Scotland into England , and so forc'd him to call a Parliament ; which though he shamelesly say in the first line of the Book ( call'd his ) was out of his own inclination to Parliaments , yet how well he lik'd them may appear by his first tampering with his own Army in the North , to surprize and dissolve them , then the Scots ( who at that time were Court-proof ) then raising up the Irish Rebellion , which hath wasted Millions of lives ; and lastly , open secession from Westminster , and hostility against the two Houses , which maintain'd a first and second sharp War , which had almost ruined the Nation , had not Providence in a manner immediately interposed and rescued us to liberty , and made us such signall Instruments of his vengeance , that all wicked Kings may tremble at the example . In a word never was man so resolute and obstinate in a Tyrannie , never people more strangely besotted with it , to paint the Image of David with his face , and Blasphemously paralel him with Christ , would make one at first thought think him a Saint : But to compare his Protestations and actions ; his actions of the day , his actions of the night , his Protestant Religion , and his Courting of Pope , and obedience to his wife , we may justly say , he was one of the most consummate in the Arts of Tyranny that ever was . And it could be no other then Gods hand that arrested him in the heighth of his Designs and greatnesse , and cut off him and his Familie , making good his own Imprecations upon his own head . Our Scene is again in Scotland , who hath accepted his Son , whom for distinction sake , we will be content to call Charls the Second . Certainly these People were strangely blind as to Gods judgement perpetually poured out upon a Familie , or else to their own interest , to admit the spray of such a stock ; one that hath so little to commend him , and so great improbabilitie for their designs and happiness , a Popish ( or very near it ) education , if not Religion too ( however for the present he may seem to dissemble it , France , the Jesuites and his Mother good means of such improvement ) the dangerous Maxims of his Father , ( besides the revenge he ows his death , of which he will never totally acquit the Scots ) his hate to the whole Nation , his sence of Montrosse his death ; his backwardnesse to come to them till all other means failed ( both his Forreign begg'd Assistances , his Propositions to the Pope , and Commissions to Montrosse ) and lastly , his late running away to his old friends in the North ; so that any man may see this his Compliance to be but Histrionical and forc'd , and that as soon as he hath led them into the snare , and got power into his own hands , so as he may appear in his own visage ; he will be a scourge upon them for their gross hypocrisie , and leave them a sad instance to all Nations , how dangerous it is to espouse such an interest , which God with so visible and severe a hand fights against , carried on by , and for the support of a Tyrannizing Nobilitie and Clergie , and wherein the poor People are blindly led on by those affrighting ( but false and ungrounded ) pretensions of perfidy and perjury , and made instrumentall with their own estates and bloud , for the enslaving and ruining themselves . FINIS . 
A32776	----	A second edition of Camden's description of Scotland containing a supplement of these peers, or Lords of Parliament, who were mentioned in the first edition, and an account of these since raised to, and further advanced in the degrees of peerage, until the year 1694. Britannia. English. Selections Camden, William, 1551-1623. 1695 Approx. 350 KB of XML-encoded text transcribed from 107 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A32776 Wing C376 ESTC R4896 12248234 ocm 12248234 57011 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A32776) Transcribed from: (Early English Books Online ; image set 57011) Images scanned from microfilm: (Early English books, 1641-1700 ; 623:6) A second edition of Camden's description of Scotland containing a supplement of these peers, or Lords of Parliament, who were mentioned in the first edition, and an account of these since raised to, and further advanced in the degrees of peerage, until the year 1694. Britannia. English. Selections Camden, William, 1551-1623. Dalrymple, James, Sir, fl. 1714. [8], 204, [19], 16 p. Printed by the heirs and successors of Andrew Anderson ..., Edinburgh : 1695. From Camden's Britannia / edited by Sir James Dalrymple. Imperfect: last two groups of paging lacking in filmed copy. Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Scotland -- Peerage. 2004-05 TCP Assigned for keying and markup 2004-05 Aptara Keyed and coded from ProQuest page images 2004-06 Mona Logarbo Sampled and proofread 2004-06 Mona Logarbo Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion A SECOND EDITION OF CAMDEN'S Description OF SCOTLAND , Containing a Supplement of these Peers , or Lords of PARLIAMENT , who were Mentioned in the First Edition ; and an Account of these since Raised to , and further Advanced in the Degrees of Peerage , until the Year 1694. EDINBVRGH , Printed by the Heirs and Successors of Andrew Anderson , Printer to His Most Excellent Majesty , Anno DOM. M.DC.XCV . THE PREFACE . Reader , IN the Description of Scotland , the Author Camden hath been at great Pains , and taken Information from the most Intelligent , in the Antiquities , Peerage and Constitutions of the Kingdom ; and especially from Sir Alexander Hay Secretary of State , who in the year 1608 , did succeed in that Office to the Lord Balmerinoch ; till which time , he hath given the most full and exact account of our Nobility , or Lords of Parliament , in the Order and Description of the Countries or Shires , the Places from which they take their Designations , and where they have their Interest or Residence ; and therefore his Work deserves very well a Second Edition , for the benefit of the Kingdom of Scotland ; which if it had been finished in due Time , as it was begun to be Printed , might have been a part of the Second Edition of the whole Britannia , and will always be a Treatise by it self concerning Scotland , to satisfy these whose Curiosity lead them no further . In this Edition , little Alteration is made from the Words of the Author , albeit now less used , except where the Error or Mistake can be mended by a few Words , and might have proceeded , rather from the Fault of the Transcriber or Printer , then the Author ; and I have left out the Latine Lines made by Johnston , the Poet on several Occasions , and also the Translation of them in English Rhime , as Tending more to increase the Volumn , then to give Light to the History ; and have made Alteration of these words which directly relate to the former Treatise , as a part of it , and so have omitted the Authors Preface and Apology , for his little experience in Scottish Affairs , which he lightly passeth over , reserving the due Honour to these of that Nation , with a more full Pinsel to set forth these Matters . Albeit in several things of more remote and ancient Times he is mistaken ; yet still the Treatise is useful , and deserving well to be published : nor is he or his Informers lyable to Censure on that account , most of these being Vulgar Errors , passing in that Time , and since , for truth : and a second Edition was more proper , passing over them , then in this to have Commented upon , and contradicted the Author , which is but seldom and slenderly done , in Matters only concerning the Kingdom in General , and the Great Stewarts of SCOTLAND , the Progenitors of our Kings . It will be a Task , requiring great time , skill and pains , and the help of more knowing persons , by particular Treatises , going in order from the greater Antiquity downward , out of the most antient and approved Histories , most exact Collections and authentick Records and Documents , to describe the considerable and eminent Families , who have by their Actions deserved to be Noticed , without which the Account of the Nation in general , and of the other great Families will be incompleat ; albeit some of them did never attain to the Degree of Peerage : seing in the Sense and Language of our Law , as well as of the French , the Nobility is composed of the Barons , Free-holders , and immediat Tennents of the King , and not of the Peers only , now called Lords of Parliament . In which undertaking , the Errors in this Treatise , to the Advantage of some , and Prejudice of other Families , may be rectified ; and in the mean time , the Publisher of this Edition is not to be concluded of the Opinion , that all the Matters contained therein , are to be received as Truth , and is not to Incurr the displeasure of any , by the further publishing of these smaller Errors . If in the Supplement and Addition , the Publisher hath erred in anything , upon better Information , & full Conviction , he is most willing to amend , and shall study to find an Opportunity to publish the same : and if in the Descriptiou of some Families , he hath been more Large then in others , it is not to be imputed to Partiality , but that his Knowledge and Information was not alike full in all . As to these more ancient . Lords , who are described by the Author , the Publisher hath given no more particular account of the times of their Creation ▪ then the Author did , reserving that to another Time and Occasion ; but hath been more special in the Accounts of the Later Lords , and in the method of the Author hath mentioned them , according to the Order of the Situation of the several Places from which they have their Designations : Some Errors are mended in the Description of Places , but in that , exactness is not studied , there being particular Maps and Descriptions of the Countries by Straloch and Scotstarbat , Printed anno 1654 , and lately by Mr. Adair , some more exact Tables are published , and the rest dayly expected . It is Observable , That a great part of the Nobility , since the Reign of King James the Sixth , have made and encreased their Estates , by being Members of the Colledge of Justice , or Session , and obtaining the Erection of Church Benefices , ( whereof they were Commendators ) in Temporal Lordships , to them and their Successors : the finer Spirits , who formerly were imployed in the Wars , or became Churchmen , since the Reign of King James the Fifth , beginning to apply themselves to the Laws , some of them did attain to the Degrees of Lords of Session , and other publick Imployments ; and for their better Encouragement , were rewarded with Abbacies in Commendam , and were Created Peers , or Temporal Lords of Parliament . It is likewise worth Observing , That King James the Sixth ( after his Succession to the Crown of England ) did make a considerable Addition to the antient Nobility of this Nation , by new Creations , as well as in his other Dominions ; for in England and Ireland , as well as here , the Peers were much diminished by Forfaultures , extinction of Dignities , and by the suppression of the Abbots , and Priors , which Queen Elizabeth had not supplyed . Since the Reformation of Religion , the Constitution of our Parliament did receive a considerable Alteration , the Clergie , the third Estate , for some time , being almost Abolished ; and these in the Sederunts of the Parliaments , and Articles pro Clero , not being Church-men , but meer Laicks , Titulars and Commendators of Abbacies and Priories ; and of them seldom a full and equal Number with the other Estates in the Articles , and for the most part but two or three of them designed Bishops , who had not the full Power and Episcopal Jurisdiction , which was for a long time lodged in the Synods and General Assemblies , and the only Popish-Bishop , who imbraced the Reformation , and continued in Office in the Church and State , was Adam Bothwel , Bishop of Orkney . There was also a great Alteration in the Representation of Barons and Free-holders in Parliament , who albeit fred by Act of Parliament King James the First , from general appearances in Parliament to which they were formerly lyable , and allowed to send their Commissioners to represent them ; yet if this Act was ever observed , it was long in desuetude , till revived in the Parliament 1587 ; Since which time the Free-holders of the Shires , under the Degrees of Peers , have sent their Commissioners to represent themselves and their Vassals in Parliament . To supply these Alterations , it was necessar that more should be Created Lords of Parliament , to come in proper Right , and as representing these holding their Lands of them , as the Bishops and Abbots did for themselves and their Vassals , in right of their Baronies , which they held immediatly of the Crown ; and Bishops being again supprest , as well as Abbots and Priors , whose Lands are possest by the Peers or Free-holders , or their Vassals , the great number of Peers is still more reasonable , whereof the half do never appear in Parliament , by reason of Minority , or as being Females , or being otherways Legally incapacitat or hindered to take place there ; and also , the Addition of Twenty six Members , by a late Act of Parliament to the representation of the Barons , did make a just Ballance , the Free-holders representing a great part of the Property of the Nation . It is to be remembred , that of those Dignities noted as Extinct , some of them do stand in the Rolls of Parliament , their Honours being lately enjoyed , and the Rolls not altered , but by special Warrand . To the Treatise , is subjoyned a List of the Nobility with their Sirnames , and the Titles of such of their eldest Sons who are Lords , and of the other Members of this Current Parliment , Commissioners for Shires and Burghs Royal ; and a second Alphabetical Table of these whom the Publisher observed to have been created , or to have used at anytime , the Titles or Dignities of Lords , Viscounts , Earls , Marquesses and Dukes ; and a Table of the Abbacies & Priories , especially these who were Conventual , once a part constituent of our Parliament ; with a List of the Presbytries , Synods and Commissariots not specified in the Treatise . These are the few Things with which the Publisher thought fit to advertise the Reader , Farewel . A DESCRIPTION OF Scotland . CHAP. I. The Division of SCOTLAND . THe North part of the Island of Britain , was of old time inhabited throughout by the Picts , who were divided into two Nations , the Dicalidonii , and Vecturiones : of whom the Author did speak out of Ammianus Marcellinus . But when the Scots became Lords and Rulers over all this part , it was shared into seven parts among seven Princes , as we find in a little ancient Pamphlet touching the division of Scotland , in these words and old Name . The first part contained Enegus and Maern . The second , Atheodl and Goverin . The third , Stradeern and Meneted . The fourth , was Forthever . The fifth , Mar with Buchan . The sixth , Muref and Ros. The seventh Cathanes , which Mound , a Mountain in the midst divideth , running on forward from the West Sea to the East . Then afterwards the same Author reporteth , according to the Relation of Andrew Bishop of Cathanes , that the whole Kingdom was divided likewise into seven Territories . The first from Erith , in the British tongue called by the Romans Worid , now Scotwade , to the River Tae . The second to Hilef , according as the Sea fetcheth a compass , to a Mountain in the Northeast part of Sirivelin , named Athran . The third from Hilef to Dee . The fourth from Dee to the River Spe. The fifth from Spe to the Mountain Brunalban . The sixth Mures and Ros. The seventh , the Kingdom Argathel , as it were the border and skirt of the Scots : who were so called of Gathelgas their Captain . Also according to the Habitation of the People , Scotland is now divided into Highland-men and Lawland-men : These being more civil , use the English Language and Apparel ; the other , which are rude and unruly , speak Irish , and go apparelled Irish-like . Out of this division the Borderers are excluded , because by reason of Peace shining now upon them on every side , by a blessed and happy Union , they are to be ranged & reckoned in the very heart and midst of the British Empire , as who begin to be weary of Wars , and to acquaint themselves with the delightful benefits of Peace . Moreover , according to the Situation and Position of the places , the whole Kingdom is divided into two parts : the South on this side the River Tay , and the North beyond Tay ; besides a number of Islands lying round about . In the South part , these Countries are more remarkable than the rest . Tiviotdale Merch Lauden Liddesdale Eskedale Annandale Niddasdale Galloway Carrick Kyle Cunningham Arran Clidesdale Lennox Stirling Fife Strathern Menteith Argile Cantire Lorn . In the North part are reckoned these Countries . Loquabrea Braidalbin ▪ Perth Atbol Angus Merns Marr Buquhan Murray Rosse Sutherland Cathanes Strathnavern . These are subdivided again according to thei● civil Government into Counties , called Sheriffdoms , Seneschalsies , commonly Stewartries , and Bailliwicks , or Bailliaries , whereof a List shall be subjoyned as they now are , and in the Order they stand in the Rolls of Parliament . As touching the Administration of the divine City and Common-wealth , which we term the Church , likeas the Bishops in all the world besides , had no certain Dioeceses , before that Dionysius Bishop of Rome , about the year 268. did set out Dioeceses for Bishops : so the Bishops of Scotland executed their Episcopal Functions in what place soever they came , indifferently and without distinction , untill the time of King Malcolm the third , that is about the year of our Redemption 1070 , at which time the Dioeceses were confined within their Bounds and Limits . Afterwards , in process of time , this Hierarchie , or Ecclesiestical government , was established in Scotland . Two Archbishops , one of Saint Andrews , the other of Glasgow ; whereof the former is counted Primat of all Scotland : under whom there be ▪ eight Bishopricks . Dunkeld . Aberdene . Murray . Dunblan . Brechin . Rosse . Cathanes . Orkney . Under the Archbishop of Glasgow there be only three . * Candida Casa , or Galloway . Lismore , or Argile . The Isles , or Sodorensis Episc. Edinburgh was erected an Episcopal See 1633 by K. Ch. 1. Suffragan to the Arch-bishop of St. Andrews , and hath place of Dunkeld . By the 3d. Act of the 1st . Session of this current Parliament , the Estate of Bishops being the third Estate of Parliament is abolished . By the fifth Act of the second Session , Presbyterian Church Government was settled , and the Nobility which did consist of the great Barons or Lords , or the lesser Barons or Free-holders , is divided in two Estates ; so that by the third Act of the second Session of the same Parliament , the three Estates are declared to be the Lords of Parliament , designed the Nobility , the Barons or Commissioners from Shires designed the Gentlemen ; and the Commissioners from Burghs designed the Burgesses . CHAP. II. The States or Degrees of SCOTLAND . THe Republick , or Common-wealth of the Scots , like as that of Englishmen , consisteth of a King , the Nobility or Gentry , and Commons . The King , to use the words of the Record , is Directus totius Dominus , that is , The direct Lord of the whole Domain , or Dominion , and hath Royal Authority and Jurisdiction over all the States and Degrees , as well Ecclesiastical as Lay or Temporal . Next unto the King is his eldest Son , who is called Prince of Scotland , and by a peculiar Right Duke of Rothsay , and Seneschal or Steward of Scotland . But all the rest of the Kings Children are named simply Princes . Among the Nobles , the greatest and most honourable were in old time , The Thanes , that is , those who were enobled only by the Office which they administred . For the word in the ancient English Saxon Tongue signifieth , The Kings Minister . Of these , they of the superior place were called Abthanes , the inferior Vnder Thanes . But these Names by little and little grew out of use , ever since that King Malcolm the third conferred the Titles of Earls and Barons , after the manner received from the English , upon Noblemen of good good de●●●●● . In process of time , new Titles of Honours were much taken up , and Scotland as well as England , hath had Dukes , Marquesses , Earls , Viscounts , and Barons . As for the Title of Duke , the first that brought it into Scotland was King Robert the third , about the year of Salvation 1400. Likeas the honourable Titles of Marquess and Viscount were first brought in by King JAMES the sixth . These are counted Nobles of the higher degree , and have both place and voice in the Parliament , and by a special Name are called Lords , likeas also the Bishops . Among the Nobles of a lower degree , in the first place are ranked Knights , who verily are dubbed with greater solemnity than in any other place throughout all Europe , by taking of an Oath , and are proclaimed by the publick voice of an Herauld . In the year 1621 was instituted the Hereditary Order of Knight Baronet , for advancing the Plantation of Nova-Scotia in America , with Precedency of all ordinary Knights , Lesser Barons or Lairds ; Of which Order there is a great Number , but the ancient Great Lairds , Chiefs of Clans or Families , have not generally yielded Precedency to them . Of a second sort are they , who are termed Lairds and Barons , among whom none were reckoned in old time , but such as held immediatly from the King , Lands in Chief , and had jus furcarum , that is , power to Hang , &c. In the third place are all such as being descended from worshipful Houses , and not honoured with any special Dignity , be termed Gentlemen . All the rest , as Citizens , Merchants , Artisans , &c. are reputed among the Commons . CHAP. III. The Judicatories , or Courts of Justice . THe supreme Court , as well for Dignity as Authority , is accounted the Assembly of the States of the Kingdom , which is called by the very same Name as it is in England , A Parliament : and hath the same very power as absolute . It consisteth of three States , of Lords Spiritual , namely , Bishops , Abbots , and Priors : and of Lords Temporal , to wit , Dukes , Marquesses , Earls , Viscounts , and Barons : and Commissioners for Cities and Burghs . Unto whom were adjoyned not long since for every County or Shire also two Commissioners . And by the 11th Act of the second Session of this current Parliament , certain Shires , and the Stewartrie of Kirkcudbright therein enumerat , according to the largeness and extent of the Lands , are allowed an additional Representation of Commissioners in Parliament , whereby the greater Shires are allowed four , some Shires three , and in the Stewartrie of Kirkcudbright two Commissioners . As will appear clearly by the List of Parliament subjoyned . It is appointed and solemnly called by the King at his pleasure , at a certain set time , before it be holden . When these States abovesaid are assembled , and the causes of their assembly delivered by the King , his Commissioner , or Chancellor , the Lords Spiritual chuse out apart by themselves , eight of the Lords Temporal ; as also , the Lords Temporal make choise of as many out of the Lords Spiritual : then the same all joyntly together nominat eight , of the Commissioners for the Counties , and as many of the Commissioners for the free Burghs regal , which make up in all the number of thirty two . And then these * Lords of the Articles ( so they are termed ) together with the Chancellor , Treasurer , Keeper of the Privy Seal , Kings Secretary , &c. do admit or reject every Bill proposed unto the States , after they have been first imparted unto the King , or his Commissioner . Being allowed by the whole Assembly of the States , they are throughly weighed & examined , & such of them as pass by the greater number of Voices , are exhibited unto the King , or his Commissioner , who by touching them with the Scepter , pronounceth , that he either ratifieth & approveth them , or disableth and maketh the same void· But if any thing dislike the King , it is razed out before . This Method of the Lords of Articles is altered by the 3d. Act of the first Session of this current Parliament , whereby the Committee of Parliament is abrogated , and the Parliament to appoint Committees of what Number they please , being alike of Noblemen , Barons , and Burg●sses , to be chosen out of each Estate by it self , for preparing all Motions and overtures first made in the House , and that the Parliament may alter the said Committees at their pleasure , or conclude upon matters proponed before them in plain Parliament , without Committees , and that in the Committes , some of the Officers of State may be present by their Majesties or their Commissioners appointment , who is freely to propose and debate allennerly , but not to Vote . By Act of Parliament 1617 , the Officers of State are restricted to the number of Eight , including the Master of Requests , beside the Chancellor , who by his Office is President of the Parliament . Since the Restauration of King Ch. 2d . there hath been no Master of Requests , but frequently two Secretaries ; and there hath been also Debate amongst the lesser Officers of State : and especially between the Thesaurer-Depute and the others , concerning their Precedency ; but at present by Order , the Thesaurer-Deput is ranked after the Advocat , and before the Justice-Clerk . The second Court , or next unto the Parliament , is the Colledge of Justice , or Session , which King James the fifth , Parl. 5. Art. 36. 40. and 41. anno 1532. instituted after the form of the parliament of Paris , consisting of a President , fourteen Senatours , seven of the Clergy , and as many of the Laitie ( unto whom is adjoyned the Lord Chancellor , who being present , is to have Vote , and be Principal of the said Council ; And sick●ike other Lords as shall please the Kings Grace to injoyn to them of his great Council , to have vote sicklike , to the number of three or four : By vertue whereof the King uses to adjoyn besides the Chancellor four of the Nobility or Lords of Parliament , who are called Extraordinar Lords , and are not counted of the Quorum of the Nine , which must be of the Ordinar Lords . The Distinction of half Spiritual half Temporal is laid aside , and the Lords are all of the Temporality , and three principal Scribes or Clerks : But by the 38 Act. 1st . Sess Parl. K. Ja. 7. there is allowed two persons to be conjoyned in each of the three Offices of ordinary Clerks of Session , and so now six Clerks , and as many Advocats as the Senators shall think good . These sit and minister Justice , not according to the rigour of Law , but with Reason and Equity , every day ( save only on the Lords day and Monday ) from the first of November to the fifteenth of March ; and from Trinity Sunday unto the Calends of August . But by Law and Custome , the Session fitteth from the First , of November to the last of February , and from the First , of June to the last of July inclusive . In regard the Office of the Lords of Session are for Lifetime , they are set down as follows . JAMES Viscount of STAIR , Lord President of the Session . Sir John Baird of Newbyth , Mr. Alexander Swinton of Mersingtoun , Sir Colin Camphel of Aberuchil , James Murray of Philiphaugh , Robert Dundass of Arnistoun , Mr. John Hamilton of Haleraig , Mr. David Hume of Crossrig , Sir John Lawder of Haltoun , Sir John Lawder of Fountainhal , William Enstruther of that llk , Mr. Archibald Hope of Rankeilor , Mr. James Falconer of Phesdo , Robert Hamilton of Presmenuan , Sir William Hamilton of Whitelaw . Extraordinary LORDS . William Duke of Queensberry , William Earl of Annandale , Patrick Lord Polwarth , The fourth is vacant by the Death of William Duke of Hamilton . The President of the Session by an Act of Parliament 1661. is declared to have Precedency of the Lord Register and Advocat , and they to have Precedency of the Lord Thesaurer-Deput . * Sir George Mckenzie in his Precedency , doth relate , That there was an Ordinance upon the 20. Feb. 1623 amongst his Majesties Officers and Counsellors , where the lesser Officers of State are ranked , and after them the Lords of Session , according to their Admission , and before Privy Counsellors being Barons & Gentlemen . Suitable to this precedency , the Lords of Session have since their Institution enjoyed the Title of Lord , both in Designation and Compellation , albeit the Designation be proper to the Lords of Parliament : The Lords of Session in the beginning being composed of Bishops and Abbots , and dignified beneficed Persons , Chief Barons , and eminent Lawers ; This Designation is frequently given to them in the Acts of Parliament , and particularly to President Provan , in an unprinted Act , anno 1581. intituled Act in favours of Mr. William Baillie Lord Provan , & frequently thereafter . All the space between Sessions , being the times of Sowing and Harvest , is Vacation and Intermission of all Suites and Law matters . They give Judgment according to the Parliament , Statutes , and Municipal Laws , and where they are defective , they have recourse to the Imperial Civil Law. There are besides in every County or Shire , in ferior civil Judicatories or Courts kept , wherein the Sheriff of the Shire , or his Depute , decideth the Controversies of the Inhabitants , about violent Ejections , Instrusions , Damages , Debts , &c. From which Courts or Judges , in regard of hard and unequal dealing , or else of Alliance and Partiality , they appeal sometime to the Session . These Sheriffs are all for the most part Hereditary , for the Kings of Scotland , like as these of England also , to oblige more surely unto them the better sort of Gentlemen by their Benefits and Favours , made in old time , these Sheriffs hereditary and and perpetual . But the English Kings soon perceiving the inconveniencies thereby ensuing , of purpose changed this Order , & appointed them from year to year . There be Civil Courts also in every Regalitie , holden by their Baillies , to whom the Kings have graciously granted Royalities : as also in Free-Burghs , by the Magistrates thereof . There are likewise Judicatories , which they call Commissariats , the highest whereof is k●pt at Edinburgh : In which before four Judges , or Commissars ; Actions are pleaded concerning Wills & Testaments , the Right of Ecclesiastical Benefices , Tithes , Divorces , and such other Ecclesiastical Causes . In every other several part almost throughout the Kingdom , there sitteth but one Judge alone in a place about these matters . In criminal Causes , the Kings Chief Justice holdeth his Court for the most part at Edinburgh , ( which Office the Earls of Argile executed for some time , ) and he doth deput two or three Lawers , who have the hearing and deciding of Capital Actions concerning Life and Death , or of such as infer loss of Limbs , or of all Goods . And by the 16 Act 3d. Sess 2d . Parl. K. Cha. 2d . concerning the Justice Court , it doth now consist of the Lord Justice-General , the Lord Justice-Clerk , who are both at the Kings Nomination , and to them are added five of the Lords of Session , who are supplied from time to time by the King , and are called Lords of the Justiciary . In this Court the Defendant is permitted , yea in case of High-Treason , to entertain a Counsellor or Advocat to plead his Cause . Moreover in Criminal Matters , there are sometimes by vertue of the Kings Commission and Authority , Justices appointed for the deciding of this or that particular Cause . Also the Sheriffs in their Territories , and Magistrats in some Burghs , may sit in Judgement of Man-slaughter ( in case the Man-slayer be taken within 24 hours after the Deed committed ) and being found guilty by a Jurie , put him to death . But if that time be once over-past , the Cause is referred and put over to the Kings Justice , or his Deputs . The same priviledge also some of the Nobility and Gentry enjoy against Theives taken within their own Jurisdictions . There be likewise that have such Royalities , as that in Criminal Causes they may exercise a Jurisdiction within their own Limits , and in some Cases recal those that dwell within their own Limits and Liberties from the Kings Justice , howbeit with a Caution and Proviso interposed , That they judge according to Law. Thus much briefly the Author hath put down , as one that had but slightly looked into these matters , yet by the information of the judicious Knight , Sir Alexander Hay , Secretary to K. Ja. 6. for Scotland , who had given the Author good light . He being one of the three principal Clerks of Session , was in the year 1608 appointed Secretary in place of the Lord Balmerinoch removed , and admtted a Lord of Session the 3d , of Feb. 1610. But as touching SCOTLAND , what a Noble Countrey it is , and what Men it breedeth ( as sometimes the Geographer wrote of Britain ) there will within a while more certain and more evident matter be delivered , since that most high and mighty Prince K. Ja. 6. did set it open for us , which had so long time been shut from us . Mean time before we proceed to the Description of particular Places , according to the Authors project , we must give some short Account of the Privy Council , Thesaury and Exchequer , being Soveraign Courts , and omitted by the Author . The Privy Council is constitute by the King's Commission to decide in matters that concerns the Government and publick Peace of the Nation , wherein the Chancellor by his Office doth preside , and after him the President of the Council , who hath the same precedency as in England : The Persons are chiefly named out of the Nobility , with the addition of some Barons . In the Thesaury and Exchequer , the Lord high Thesaurer doth preceed , but this Office is frequently in Commission , as it is at present , and then the Lord Chancellor is , and uses to be one and Chief of the Commission , as also the Lord Thesaurer Deput , and they together with the Lords of Exchequer nominat by Their Majesties do Order , Determine , and dispose of the Kings Rents , Revenues , Gifts , and Casualities : I have omitted particular Lists of them , in regard the Commissions to the Council , Thesaury and Exchequer are some times changed , as the King doth think fit ; and that the persons employed in them are eminent , of whom occasion will be to make mention in some part of this Treatise , either as Noblemen , Sheriffs of , or Commissioners from Shires , or otherwise . CHAP. IV. GADENI , or LADENI , UPon the Ottadini , or Northumberland , bordered as next Neighbours the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , GADENI , who also by the inversion or turning of one Letter upside down , are called in some Copies of Ptolomy LADENI , seated in that Countrey which lieth between the mouth of the River Tweed and Edinburgh Forth : And is at this day divided into many petty Countries : The chief whereof are Teviotdale , Tweddale , Merss , and Lothian , in Latine Lodenium , under which one general Name alone the Writers of the middle time comprised all the rest . CHAP. V. TEVIOTDALE . TEviotdale , that is to say , the Vale by the River Tiviot , or Teveat , lying next unto England , among the edges of high craigie Hills , is inhabited by a war-like Nation , which by reason of so many Encounters in foregoing Ages , between Scots and English , are always most ready for Service and sudden Invasions . The first place among these that we meet with , is Jedburgh , a Burgh well inhabited and frequented , standing near unto the confluence of Teviot and Jed , whereof it took the Name : Also Melros , a very ancient Monastry , wherein at the beginning of our Church , were cloistered Monks of that ancient Order and Institution , that gave themselves to Prayer , and with their Hand-labour earning their Living ; which holy King David restored , and replenished with Cistertian Monks . And more Eastward , where Tweed and Teviot joyn in one Stream , Rosburgh sheweth it self , called also Roxburgh , and in old time MARCHIDUN , because it was a Town in the Marches , where stands a Castle , that for natural Situation , and towred Fortificatons , was in time past exceeding strong . Which being surprised and held by the English , whiles James the second King of Scots encircled it with a Siege , he was by a piece of a great Ordnance that broke , slain untimely in the flower of his youth ; A Prince much missed and lamented of his Subjects . As for the Castle , it was yielded ; and being then for the most part of it lay'd even with the ground , is now in a manner quite vanished and not to be seen . The Territory adjoyning , called of it the Sheriffdom of Roxburgh , hath one hereditary Sheriff out of the Family of the Dowglas , who is usually called the Sheriff of Teviotdale ; The Heir of this Family is Sir William Dowglas of Cavers , who is present Sheriff , and one of the Commissioners of the Shire to this present Parliament . And now hath Roxburgh also a Baron , Roxbert Ker , through the favour of King James the sixth , out of the Family of Kers , a famous House , and spred into a number of Branches , as any one in that Tract : Out of which the Fernhersts , and others inured in martial Feats , have been of great Name . Sir Robert Ker of Cessfuird , was amongst other great Men , chosen by K. James the sixth , to attend him in his Journey to England , in the year 1603. to take possession of that Crown , at which time he was created Lord Roxburgh , and is mentioned amongst the Commissioners for the Union , Parl. 1604. first of all the Lords created about that time ; and in like manner in the Decreet of Ranking and the several Rolls of Parliament , he is placed before Loudown , Lindores , &c. till the year 1617 , when he is designed by the Rolls of that Parliament Earl of Roxburgh ; he was Lord Privy Seal to King Ch. the first , whose Grand-childs Grandchild is Robert Earl of Roxburgh : The Laird of Berneherst , the other principal Family of that Name , was by King James the sixth created Lord Jedburgh , which Peerage doth belong to the Lord Newbottle , eldest Son to the Earl of Lothian , and in the Quality of Lord Jedburgh , William Lord Newbottle is a Member of this present Parliament , which is special to the Earl of Lothians Family , that both the Father and the Son are Peers . Sir Robert Ker the youngest Brother of the first Lord Jedburgh , a great Favorite of King Ja. the sixth , was by him made Thesaurer of Scotland and Earl of Somerset in England . Also of the Family of Ferneherst , Sir Robert Ker of Ancrum was created Earl of Ancrum by King Cho. he first , in the year 1633 , of whom is descended Robert Earl of Lothian , by his Father , William Earl of Lothian , who married the Heiress , and the younger Brother succeeded to his Father in the Dignity of the Earl of Ancrum residing in England , who sat in the Parliament 1681. Collonel Rutherfoord of the Family of Hunthill , was created Earl of Teviot by King Cha. the second , who left his Fortune and the Dignity of Lord Rutherfoord to the family of Hunthill , which hath been possessed by three Brothers , the youngest is Robert Lord Rutherfoord . The Dignity of Viscount Teviot was conferred by King Ia. the seventh anno 1686 , on the Lord Spencer eldest Son to the Earl of Sunderland in England . In the same Shire lived Sir Walter Scot of Bran●holme , who by King Ja. the sixth , 17 May 1606 was created Lord Scot of Buckcleugh , he was the next after the Lord Scoon , and these mentioned in the Decreet of Ranking , and was immediatly created before the Lord Blantyre , his Son Walter was created Earl by the same King in the year 1619 , & in the Rolls of Parliament 1621 , is ranked after the Earls of Roxburgh and Kellie and before the Earl of Melros● ; his Son Earl Francis was Father to Countess Margaret , married to Walter Scot of Heychester , who shortly deceased , her Husband was by King Cha. the second created Earl of Tarras during life , by whose decease the Dignity is extinct , the younger Daughter Countess Anna , was married to James Scot Duke of Monmouth , Son to K. Ch. the second , and was by him created Dutchess of Buckcleugh , about the year 1661. who liveth , and her Son is James Earl of Dalkeitb . Tweed aforesaid runneth through the midst of a Dale , taking Name of it , replenished with Sheep , that bear Wool of great request . A very goodly River this is , which springing more inwardly Eastward , after it hath passed , as it were in a straight Channel by Drumelzier Castle , by Peebles a Burgh Royal , which had for the Sheriff thereof Baron Yester , now Earl of Tweddale Lord high Chancellor , who sold his Estate in that Shire , and the Sheriff-ship to the Duke of Queensberry , of whom afterwards in East-Lothian . In this Shire the Laird of Traquair as a Baron , Commissioner to the Parliament 1621 , was by King Ch. the first created Lord Stuart of Traquair , and in anno 1633 was made Earl , his Predecessor was a Lord of Session , in the year 1560 he himself was first Thesaurer-deput , and afterwards Lord high Thesaurer and high Commissioner for the King , whose Grand-child is Charles Earl of Traquair . In this Shire also , Sir Patrick Murray of Elibank , was designed in the rescinded Parliament 1644 , Lord Elibank , whose Father Sir Gideon Murray Thesaurer-deput , was admitted a Lord of the Session anno 1613 , the great Grand-child is Alexander Lord Elibank . Likeas Selkirk a Burgh Royal hard by , hath another Sheriff out of the Family of Murray of Falahill , an ancient Family , designed of Philiphaugh , James Murray now of Philiphaugh is one of the Lords of Session and Sheriff ; This place is famous by the Defeat of the Army of the great Marquess of Montrose . By King Charles the first anno 1646 , Lord William Dowglas second Son to the Marquess of Dowglas was created Earl of Selkirk , was married to Anna Dutchess and Heiress of Hamilton , and by King Charles the second ( after the Restauration ) created Duke of Hamilton , he was Commissioner to two Sessions of this current Parliament , and enjoyed many great and honourable Offices , who in his Lifetime did convey and establish the Title and Dignity of Earl of Selkirk on Charles his second Son now Earl of Selkirk , his Lady Anna Dutchess of Hamilton and James Earl of Arran doth survive . Tweed also receiveth Lawder a Riverat , upon which is situat a Royal Burgh , and seat of a Bailliary , belonging to the Family of Lawderdale , within the Sheriffdom of Berwick ; near to which stands Thirlestane Castle , a very fair House of Sir John Maitlands , sometime Chancellor of Scotland , whom , for his singular Wisdom , King Ja. the sixth created Baron of Thirlstane . Sir Richard Maitland of Lethingtoun was his father , who is marked in the Book of Sederunt of the Lords of Session 1553 amongst the Lords , being then an extraordinary Lord ; In the Sederunt 1561 , he is admitted an ordinar Lord , and his eldest Son William , then Secretary is admitted Extraordinar , and thereafter Ordinar , in place of Sir Robert Carnagie deceased , ( it being Customary at that time , first to be entered Extraordinar , and then Ordinar ; ) This Sir Richard was Privy Seal to Queen Mary , and continued an Ordinar Lord till his old Age , when he demitted the eleventh of July 1584 , in favours of Sir Lewis Ballenden Justice-Clerk upon the Kings Letter , bearing Lethingtoun to have served his Grand-sir , Good-sir , Good-dame , his Mother and himself faithfully in many publick Offices , and now greatly disabled by Age , he had demitted in favours , &c. Reserving all Profits to himself during his Life ; which notwithstanding of his Dimission , he enjoyed till his death , anno 1586. The said Mr. John Maitland of Thirlstane , his second Son was in April 1581 admitted Lord of the Session , and about the year 1584 Secretary , and in the 1586 Vice Chancellor , and thereafter Chancellor , and in the 1592 designed Lord Thirlstane Chancellor , whose Son John was created Viscount of Lauderdale by King Ja. sixth , and is so marked in the Rolls of Parliament 1617 , and in June 1618 , under the Designation of Viscount of Lauderdale , he is admitted an ordinar Lord of Session , and thereafter created Earl of Lauderdale by King Ja. thessixth ; about the year 1624 , whose Son John Earl of Lauderdale was Secretary to King Ch. the second , & by him created Duke of Lauderdale in the year 1672 , he was high Commissioner to the hail Sessions of the second Parliament King Ch. the second & Convention of Estates 1678 , and enjoyed many other honourable Offices , and upon his decease without Heirs-male of his Body , his brother Charles Maitland of Haltoun Thesaurer-deput , and a Lord of the Session succeeded to him in his Dignity of Earl of Lauderdale , the Title of Duke being extinct with himself ) whose Son is Richard Earl of Lauderdale . Then Tweed beneath Roxburgh , augmented with the River of Teviot resorting unto him , watereth the Sheriffdom of Berwick throughout ; a great part whereof is possessed by the Humes ( wherein the chief man of that Family exerciseth the Jurisdiction of a Sheriff ( & so passes under Berwick , the strongest Town of Britain , where he is exceeding full of Salmons , and so falleth into the Sea. CHAP. VI. MERCHIA , MERCH , or MERS● MERCH , which is next , and so named because it is a March Countrey , lyeth wholly upon the German Sea. In this , first Hume Castle sheweth it self : the ancient Possession of the Lords of Home , or Hume , who being descended from the family of the Earls of Merch , are grown to be a noble and fair spred Family : Out of which Alexander Hume , who before was the first Baron of Scotland , & Sheriff of Berwicks , was about the 1604 , advanced by James the 6. the first King or Great Britain to the Title of Earl of Hume ; to whom Charles now Earl of Hume succeeds . Sir James Dowglas , Brother to the first Marquess of Douglas , married the Heiress of Oliphant , and in her Right had the Precedency of the Lords of Oliphant , with the Dignity of Mordingtoun ; whose Grand-child is presently Lord Mordingtoun . Near unto Hume Castle lyeth Kelso , famous sometime for the Monastery , which with thirteen others , King David the first of that Name built out of the ground , for the propagation of Gods glory , but to the great empairing of the Crown-Land . Then is to be seen Coldingham , which Bede calleth the City Coldana , and the City of Coludum , haply Colania mentioned by Ptolomy , a place consecrated many ages since unto professed Virgins or Nuns , whose chastity is recorded in ancient Books : For that they , together with Ebba their Prioress , cut off their own Noses and Lips , choosing rather to preserve their Virginity from the Danes , than their Beauty and Favour ; and yet for all that the Danes burnt their Monastry , and them withal . Hard by is Fast-Castle , a Castle of the Lord Humes , so called for the firmness and Strength thereof , at the Promontory of the said Saint Ebbe , who being the Daughter of Edilfrid King of Northumberland , when her Father was taken prisoner , got hold of a Boat in Humber , and passing along the raging Ocean , landed here in safety , became renowned for her Sanctimony , and left her Name unto the place . But this Merch is mentioned in the Historiographers a great deal more for the Earls thereof , than for any places therein , who for Martial Prowesse were highly renowned , and descended from Gospatrick Earl of Northumberland , whom after he had fled from William Conquerer of England , Malcom Canmor , that is , With the great head , King of Scotland entertained , enriched him with the Castle of Dunbar , and honoured with the Earldom of Merch ; Whose Posterity , besides other goodly and fair Lands in Scotland , held ( as appeareth plainly in an old Inquisition ) the Barony of Bengelly in Northumberland , that they should be Inborow and Utborow between England and Scotland , What the meaning should be of these Terms let others guess . In the Reign of King James the first , George de Dunbar Earl of Merch by Authority of Parliament , for his Fathers Rebellion lost the Property and Possession of the Earldom of Merch , and the Seignorie of Dunbar ; And when as he proved by good Evidences and Writings brought forth , that his Father had been pardoned for that Fault by the Regents of the Kingdom , he was answered again , that it was not in the Regents power to pardon on Offence against the State ; and that it was expresly provided by the Laws , that Children should undergo Punishment for their fathers Transgressions , to the end that being thus Heirs to their fathers Rashness , as they are to their Goods and Lands , they should not at any time in the haughty Pride of their own Power , plot any Treason against Prince or Countrey . This Title of Earl of Merch , among other honourable Titles , was given afterward to Alexander Duke of Albany , and by him forfeited ; And this Title of Honour was revived again in Robert , the third Brother of Matthew Earl of Lennox , who being of a Bishop of Cathanes made Earl of Lennox , resigned up that Title soon after unto his Nephew , then created Duke of Lennox ; and he himself in lieu thereof received of the King the Name and Stile of the Earl of Merch ; Which Title was also brooked by Charles , Uncle to King James , and younger Brother to Henry Lord Darnley , afterward King. Collonel John Churchhil was created by King Charles the second Lord Churchhil of Eymouth , near Berwick , who is now Earl of Marleburrow in England ; And Sir Patrick Hume of Polwarth Baronet , was by Their Majesties created Lord Polwarth in the year 1691. CHAP. VII . LAUDEN , or LOTHIEN . LOTHIEN , which is also called Lauden , named in times past of the Picts , Pictland , shooteth out along from Merch unto the Scottish Sea , or the Forth , having many Hills in it , and little Wood ; but for fruitful Corn-fields , for Courtesie also and Civility of Manners , commended above all other Countries of Scotland ; which is divided in three Shires , Haddingtoun called East Lothian , Edinburgh called Mid-Lothian , and Linlithgow called West-Lothian . About the year of our Salvation 873 , Edgar King of England ( between whom and Keneth the third , King of Scotland , there was a great Knot of Alliance against the Danes , ( common Enemies to them both ) resigned up his Right unto him in this Lothian , as Matthew the * Flour-gatherer witnesseth : And to win his Heart the more unto him , He gave unto him many Mansions in the way , wherein both he and his Successors , in their coming unto the Kings of England , and in return homeward might be lodged : Which unto the time of King Henry the second continued in the hands of the Kings of Scotland . In this Lothian , the first place that offereth it self to the view , to these coming from the Mers , is Dunbar , a passing strong Castle in old time , and the Seat of the Earls of Merch aforesaid , who thereupon were called Earls of Dunbar . A Piece many a time won by the English , and as often recovered by the Scots . But in the year 1567 , by Authority of the States in Parliament it was demolished , because it should not be a Hold and place of Refuge for Rebels : But James King of Great-Britain conferred the Title and Honour of Earl of Dunbar upon Sir George Hume Thesaurer , who is marked last Earl , and after Dumfermling in the Decreet of Ranking , March 5. 1606 , for his approved Fidelity , whom he had created before Baron Hume of Berwick , to him , his Heirs and Assigneys . Afterward the same King did confer the Dignity of Viscount of Dunbar upon an English Gentleman of the Name of Constable , whose Heirs in England doth presently enjoy that Dignity ; this Viscount is marked in the Rolls of Parliament 1621. Hard by , Tine a little River after it hath run a short Course , falleth into the Sea ; near unto the Spring-head , whereof standeth Yester , which hath his Baron out of the Family of the Hays Earls of Erroll . John Lord Yester , was by King Charles the first created Earl of Tweddale about the year 1646 : John now Earl of Tweddale his Son , after he had enjoyed several honourable publick Employments , was by Their Majesties constitute Lord High Chancellor of Scotland . The Lord Hay of Yester , is descended of the antient Family of the Hays of Locherward , near Borthwick , which raise to greatness by the Marriage of three Heiresses , viz. of Frazer of Oliver-Castle , in Tweddale , and the Heiress of Gifford of Yester , & the Heiress of Cunninghame of Belton , both in East Lothian ; his chief Residence is Yester , which he hath extraordinarly improven & beautifyed by Planting & Inclosing . By the same Riveret , some few miles higher , is seated Hadingtoun or Hadina , in a wide and broad Plain : which Town the English fortifyed with a deep and large Ditch , with a Mure or Rampire also without , four-square , and with four Bullworks at the Corners , and with as many other at the Inner-wall : and Sir James Wilford , an Englishman valiantly defended it against Dessie the Frenchman , who with Ten thousand French and Dutch together fiercely assaulted it , until that by reason of the Plague , which grew hot among the Garrison Soldiers , Henry Earl of Rutland coming with a royal Army , raised the Siege , removed the French , & having laid the Munitions level , conducted the English home . And King James the sixth about the year 1606 ranged Sir John Ramsey among the Nobles of Scotland , with Title and Honour of Viscount Haddingtoun , for his faithful Valour , as whose Right hand was the Defender of Prince and Countrey , in that most wicked Conspiracy of the Gowries against the Kings Person . I shall choise this place to speak of Sir Thomas Hamilton , whose last Designation was Earl of Haddingtoun , and the more particularly , in respect he did pass through very many Degrees in the Session , and enjoyed many publick Offices , and attained to great Honour and Riches , the first of November 1587 , in the Books of Sederunt of the Lords of Session , Mr. Thomas Hamilton appear and Heir of Priestfield , was admitted an ordinar Advocat , he was Son to Thomas Hamilton of Priestfield , afterward a Lord of the Session , descended of the Hamiltons of Inner , weick , one of the most antient and great Cadets of the Family of Hamilton ; he was admitted Lord of the Session 1592 , under the Designation of Lord Drumcairn , he is appointed one of the Commissioners for the Thesaurey and Exchequer , commonly called Octavians in the year 1595 ; and is admitted in February thereafter Kings Advocat ; the fifteen of May 1612 , under the Designation of Sir Thomas Hamilton of Byers , is made Clerk Register : In the Parliament 23 of October , the same year he is designed Secretary in place of Sir Alexander Hay formerly mentioned , who became in his place Lord Register . The fourteen of June 1616 , upon the death of President Preston , he under the Designation of Lord Binny , was admitted President of the Session : In the Rolls of Parliament 1617 , he is designed Lord Binny , and before the Lord Carnagie ; In the Rolls of Parliament 1621 , he is designed Earl of Melross , which Title he thereafter exchanged for Earl of Haddingtoun , he continued Secretary and President till the year 1626 , & then was constitute Lord Privy Seal and he & his Successors in that Office have had the same Precedency , as the Lord Privy Seal in England , which he enjoyed several years , his Grand-childs Grand-child is Thomas Earl of Haddingtoun . Within a little of Haddingtoun standeth Athelstanford , so called of Athelstane , a chief Leader of the English , slain there with his men about the year 815. But that he should be that warlike Athelstane , which was King of the West-Saxons , both the Account of the Times , and his own Death do manifestly controll it . The Sheriff ship of this Shire , being at the Kings disposal , is given to Sir Robert Sinclar of Stevinson Baronet , and one of Their Majesties Privy Council , and a Member of this present Parliament for the Shire . Above the mouth of this Tine , in the very bending of the Shore , standeth Tantallon Castle ; from whence Archibald Douglas Earl of Angus , wrought James the fifth , King of Scots , much Teene and Trouble . Here by retiring back off the Shores on both sides , is room made for a most noble Arm of the Sea , and the same well furnished with Islands , which by reason of many Rivers encountring it by the way , and the Tides of the surging Sea together , spreadeth exceeding broad : Ptolomy calleth it Boderia , Tacitus Bodotria , of the depth , as is thought ; the Scots the Forth , and Firth , we Edinburgh Firth ; others the Fresian Sea , and the Scotish Sea , and the Eulogium , Morwiridh . Patrick Ruthven General to King Charles the first his Forces , was created by him in the year 1639 , first Lord Estrick , from the Name of a Rivolet , and in the year 1641 , Earl of Forth in Scotland , and Earl of Branford in England ; there is none descended of him that claims the Title . Upon this River , after you be past Tantallon , are seated , first * North-Berwick , a famous place sometime for an House there , of religious Virgins : And then Dirltoun , which belonged in times past to the notable Family of the Halyburtons , and by them to the Ruthvens , and by their Forfeiture to Sir Thomas Erskin Captain of the English Guard , whom James King of Great-Britain for his happy Valour , in preserving him against the traiterous Attempts of Gowrie , first created Baron of Dirlton about the 1603 , being the next after the Lord Loudoun , and before Kinloss , Abercorn and Balmerinoch : And afterward advanced him to the honourable Title of Viscount Fenton , in the year 1606 , making him the first Viscount that ever was in Scotland , James Maxwel of the Bed-Chamber , was created by King Charles the first , Earl of Dirlton , who left no lawful Issue Male , but two Daughters , the one married to William Earl of Lanerk , afterwards Duke of Hamilton , and at present his Dignity is not claimed by any . A Gentleman of the Name of Douglas was first created Viscount of Belhaven , a place near to Dunbar , which Honour being extinct , Sir James Hamilton was created Lord Belhaven by King Charles the first , about the year 1648 , to whom succeeds John now Lord Belhaven . Against these places there lyeth in the Sea , not far from the Shore , the Island Bass , which riseth up as it were all one craigy Rock , and the same upright and steep on every side : yet hath it a Block-house belonging to it , a Fountain also and Pastures ; but it is so hollowed with the Waves working upon it , that it is almost pierced through : What a multitude of Sea-fowles , and especially of those Geese which they call Scouts and Soland-Geese , flock hither at their times ( for by report , their Number is such , that in a clear day they take away the Suns Light , ) what a sort of Fishes they bring ( for as the Speech goeth , a hundred Garrison Soldiers that here lay for defence of the place , fed upon no other Meat but the fresh Fish that they brought in , ) what a Quantity of Sticks and little Twigs they get together for the building of their Nests , so that by their means the Inhabitants are abundantly provided of Feuel for their fire ; what a mighty gain groweth by their Feathen and Oyl , the report thereof is so incredible that no man scartcely would believe it , but he that had seen it . The Garrison of the Bass having stood long out against Their Majesties before they surrendered about the beginning of May 1694. The Fortifications were ordered to be slighted . Then as the shore draweth back , Seton sheweth it self , which seemeth to have taken that Name of the Situation by the Sea-side , and to have imparted the same unto a right Noble House of the Setons , branched out of an English Family , and from the Daughter of King Robert Bruce : Out of which the Marquess of Huntly , Robert Earl of Wintoun , Alexander Earl of Dumfermling , advanced to Honours by King James the sixth , are propagated . George now Earl of Winton , is great Grand child to the first Earl , whose Brother was Alexander Seton of Vrquhart an extraordinar Lord of Session , and by the same Designation admitted ordinary Lord in February 1587-8 , in August 1591 created Lord Vrquhart , and in May 1593 on the death of President Provan , admitted President of the Session , and in the year 1595 , one of the Octavians , in the year 1604 he was a Commissioner for the Union , by the Designation of the Lord Fyvie , and in that Parliament the Earl of Montrose Chancellor being Commissioner he did preside ; in March 1605 in the Books of Sederunt , Alexander Earl of Dumfermling is made Chancellor , and was afterward Commissioner to the Parliament , his Designation was from a Royal Burgh in Fife , formerly a famous Abby , his Son was Charles Earl of Dumfermling Lord Privy Seal to King Charles the second , and his Grand-child James Earl of Dumfermling is now forefault , also Alexander Seton Uncle to George now Earl of Wintoun , was by King Charles the first created Viscount of Kingston , whose Son is now Viscount . After this , the River Eske in Mid-Lothian , which dischargeth it self into this Firth , when it hath run by Borthwick ( which hath Barons surnamed according to that name , and those deriving their Pedegree out of Hungary ) by Newbottle , that is , The new building , sometimes a fair Monastrey , now the Barony of Sir Mark Ker ; by Dalkeith now belonging to the Dutchess of Buckcleugh , and from whence her eldest Son is designed Earl , a very pleasant Habitation of the late Earls of Morton ; and by Musselburgh , hard under which in the year of our Lord 1547 , when Sir Edward Seymor Duke of Somerset , with an Army Royal had entred Scotland , to claim and challenge the keeping of a Covenant made , concerning a Marriage between Mary Queen of Scotland , and Edward the sixth King of England , there hapned the heaviest Day that ever fell , to the adventurous Youth of the most noble Families in all Scotland , who there lost their lives , at Pinky-Cleugh . The Dignity of the Lord Borthwick is not now claimed by any . Mark Commendator of Newbottle an extraordinar Lord of Session anno 1569 , after his decease was succeeded by his Son Mark also Commendator of Newbottle in the same Office in the year 1584 , at which time he was Master of Requests , which he enjoyed long after ; and obtained of King James the sixth the Erection of that Abbacy in a temporal Lordship to him and his Heirs , in October 1591 ; who was thereafter created Earl of Lothian , by the same King anno 1606 ; whose Grandchild Anna Countess of Lothian was married to William Ker eldest Son of Ancrum , of the Family of Ferneherst ; he was by King Charles the first created Earl of Lothian , of which Marriage is descended Robert now Earl of Lothian Justice-general , with the precedency of his great Grand-father , and was Commissioner to the General Assembly ; he is Sheriff of the Shire of Edinburgh : The Dignity of the Earl of Ancrum was conveyed to the younger Brother , and the eldest Son of this Family is Lord Jedburhg , a Peer as hath been said . Near to this place was the Seat of Sir William Cranston of that Ilk , who was created Lord Cranston by King James the sixth , and is the last Lord marked in the Rolls of Parliament 1612 , whose Descendants enjoyes that Title and Dignity , and reside in Teviotdale . As also the Residence of Sir James Mcgill of Cranston-riddel Baronet , who being one of the Lords of Session , was created Viscount of Oxenford by King Charles the second , whose Son is Robert now Viscount of Oxenford , his Grand-father was Mr. David Mcgill of Nisbet , Advocat to King James the sixth , and one of the Lords of Session ; his Grand Uncle Mr. James Mcgill was Clerk Register to Queen Mary and King James the sixth , and one of the Lords of Session ; and his Uncle Mr. David Mcgill of Cranston-riddel , also a Lord of Session . Upon the Sea-side is the Town of Prestoun , from which Sir Richard Graham had the Title of Viscount of Prestoun conferred on him by King Charles the second in the year 1681. In this Shire of Edinburgh is the Castle of Dalhousie , which belongeth to the antient Family of the Ramsays , who by King James the sixth was created Lord Ramsay , and is marked in the Rolls of Parliament 1621 after the Lord Carnagy , and by King Charles the first anno 1633 , was made Earl of Dalhousie , whose Granchilds Grandchild is William Earl of Dalhousie , General Major George Ramsay is his Uncle . Near to Edinburgh is the Castle of Marchistoun , which belonged to the Napers ; Sir Archibald Naper of Marchistoun Baronet , was Thesaurer-deput to K. Cha. the first , and an ordinar Lord of Session , who in the beginning of that Reign was created Lord Naper , whose Grandchild Margaret Lady Naper doth succeed him , and hath a Son to succeed her ; their Residence now is near to Dumblane . Here is not to be passed over in silence this inscription , which . John Naper , a learned Man , Predecessor to the Lord Naper , hath in his Commentaries upon the Apocalyps recorded to have been here digged up , and which the right learned Knight Sir Peter Young , Teacher and Trainer of King James the sixth in his youth , in this wise more truly copied forth . APOLLINI GRANNO Q. LUSIUS SABINIANUS * PROC : AUG : * V. S. S. LV. M. Who this Apollo Granus might be , and whence he should have this Name , not one to my knowledge , of our grave Senate of Antiquaries hitherto could ever tell : But if I might be allowed , from out of the lowest bench , to speak what I think , I would say that Apollo Granus amongst the Romans , was the same that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , Apollo with long hair amongst the Greeks : for Ifidor calleth the long hair of the Gothes , Grannos . Lower yet , and near unto the Scotish Forth , is seated Edinburgh , which the Irish Scots call Dun Edin , that is , the Town Edin , or Edin Hill , and which no doubt is the very same that Ptolomy named 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , The winged Castle : for Adain in the British Tongue signifieth a Wing : and Edinburgh ( a word compounded out of the British and Saxon Language ) is nothing else but The Burgh with Wings . From Wings therefore we must fetch the reason of the Name : and fetched it may be , if you think good , either from the Companies of Horsemen , which are called Wings , or else from those Wings in Architecture , which the great Master builders term Petromata , that is , as Vetruvius sheweth , two Walls so rising up in height , as that they resemble a shew of Wings : Which , for that a certain City of Cyprus wanted , it was called in old time ( as we read in the Geographers ) Aptera , that is , without Wings . But if any Man believe that the Name was derived from Ebrauk a Britain , or from Heth a Pict , good leave have he for me , I will not confront them with this my conjecture . This City in regard of the high situation , of the wholsome Air and plentiful Soil , and many Noblemens towred Houses built round about it , watered also with clear springing Fountains , reaching from East to West a Mile out in length , and carrying half as much in bredth , is worthily counted the chief City of the whole Kingdom , strongly walled , adorned with Houses as well publick as privat , well Peopled and frequented , by reason of the opportunity from the Sea , which the neighbour Haven at Leith affordeth . And as it is the Seat of the Kings , so is it the Oracle also , or Closet of the Laws , and the very Palace of Justice . For the high Courts of Parliament are here for the most part holden , for the enacting and repelling of Laws : also the Session , and the Court of the Kings Judicators , and of the Commissariat , whereof I have spoken already , are here settled and kept . On the East-side , hard unto the Monastry of Saint Crosse , or Holyruide , is the Kings Pallace , which King David the first built , and was burnt by Oliver Cromwel : King Charles the second after his Restauration , did raise there a fair and stately Court and Pallace , all of Hewen Stone . In anno 1633 , the City of Edinburgh did to their great Expense , build a stately Hall for the Meetings of the Parliament , with other Rooms adjoyning for the Session , and above Stairs for the Privy Council and Exchequer , with a large Closs or Yard , to the South of St. Giles-Church , surrounded from the Entry with that Church , and other fair high Buildings , all in Hewen Stone , and in the middle is raised a stately Statue of King Charles the second on Horse-Back in Brass . And to the South-west , on a rising Ground , is a curious and large Hospital , built with the Money left by George Heriot Gold-smith , which doth entertain above an hundred young Boys , Children of decayed Burgesses . This City is well watered with five large Fountains on the high and broad Street thereof . In this City also , by King James the sixth an University was founded over which , within a large Park , riseth an Hill with two Heads , called of Arthur the Britaine , Arthurs Chair . On the West side , a most steep Rock , mounteth up aloft to a stately hight every way , save only where it looketh toward the City : On which is placed a Castle , with many a Tower in it , so strong that is counted impregnable , which the Britains called Castle Myned Agned , the Scots , The Maidens Castle , and the Virgins Castle , of certain young Maidens of the Picts royal Blood , who were kept there in old time , and which may seem in truth to have been that Castrum Alatum , or Castle with a Wing abovesaid . John Bothwel Commendator of Holy-rud-house , who being one of these Honourable persons who attended King James the sixth to England , in the year 1603 , was by him created a temporal Lord of Holy-rud-house in the year 1607 , which Honour is now extinct , he was a Lord of the Session , as also was his father Adam Bishop of Orkney , who excambed that Bishoprick with Robert Stuart for the Abbacie of Holy-rud-house , and the Heir of the one became Earl of Orkney , and the Heir of the other Lord Holy-rud-house : In the Institution of the Colledge of Justice , Mr. Richard and Francis Bothwels were nominated two of the Lords of Session . Near to Edinburgh , is Brughtoun , which belonged to the Family of the Ballendens , and Sir William Ballenden being Thesaurer Deput to King Charles the second , was by him made Lord Ballenden of Brughtoun about the year 1661 , whose Honour was conveyed to John Ker now Lord Ballenden , Uncle to the present Earl of Roxburgh , who carries the Name and Arms of Ballenden : Of this Family , were Sir John Ballenden of Auchinnoul , Justice Clerk , and one of the ordinar Lords of Session in the Reign of Queen Mary and King James the sixth ; and Sir Lewis Ballenden also of Auchinnoul , Justice Clerk , and an ordinar Lord of the Session ; in the Reign of King James the sixth , by Cnarter under the Great Seal , Sir John Ballenden foresaid , had the Heretable Office of Usher to the Exchequer , which is transmitted to the Lord Ballenden , and is exerced by a Deput named by him . Fairfax an English Gentlemen , was created Lord Cameron , who is in the Rolls of Parliament 1633 , his Successor Thomas Lord Fairfax is a Member of the House of Commons for the County of York in this current Parliament . Richardson an English Gentleman , was created Lord Cramond . About the same time Lord Forrester of Corstorphine was created by King Charles the first anno 1633. George Lord Forrester of Corstorphine is one of the Commissioners for the holding of the Parliament 1633 , and yet in the Rolls of the same Parliament , he is marked Sir George Forrester for the Shire of Edinburgh , so that he hath been Nobilitat after he was chosen for the Shire , and before the sitting of the Parliment , his Grand-child is William Lord Forrester . How Edinburgh in the alternative Fortune of Wars was subject one while to the Scots , and another while to the English , who inhabited this East part of Scotland , until it became wholly under the Scots Dominion , about the year of our Salvation 960 , what time the English Empire sore shaken with the Danish Wars , lay as it were gasping and dying . How also , as an old Book of the Division of Scotland , in the Library of the right honourable Lord Burghly sometime high Thesaurer of England , sheweth : Whiles Indulph reigned , the Town of Eden was voided and abandoned to the Scots unto this present day , as what variable Changes of reciprocal Fortune it hath felt from time to time , the Historiographers do relate , and out of them ye are to be informed . A Mile from hence lyeth Leith , a most commodious Haven , hard upon the River Leith , which when Dessey the Frenchman , for the security of Edinburgh had fortified , by reason of many men repairing thither , within a short time from a mean Village , it grew to be a big Town . Again , when Francis the second King of France , had taken to Wife Mary the Queen of Scots , the Frenchmen , who in Hope and Conceit had already devoured Scotland , and began now to gape for England , in the year 1560 , sttengthned it with more Fortifications . But Elizabeth Queen of England , solicited by the Nobles of Scotland that embraced the reformed Religion to side with them , by her Puissance and Wisdom effected , that both they returned into France , and these their Fortifications were laid level with the Ground , and Scotland ever since hath been freed from the French. As also , near this place is New-Haven , from which an English Gentleman of the Name of Cheney , ( being by K. Charles the second anno 1681 , created Viscount ) got the Designation of Viscount of New-Haven . Where this Forth groweth more and more narrow , it had in the midst of it the City Caer Guidi , as Bede noteth , which now may seem to be the Island named Inchkeith . Whether this were that Victoria which Ptolomy mentioneth , I will not stand to prove ; although a man may believe , that the Romans turned this Guidh into Victoria , as well as the Isle Guith or Wight into Victesies or Vecta : truely seing both these Islands be dissevered from the shore , the same Reason of the Name will hold in both Languages . For Ninius hath taught us , that Guith in the British Tongue betokeneth a separation . In West-Lothian , the first remarkable place in the same Forth , is the Burgh of * Queens-Ferry , supposed to be called from Saint Margaret , Queen to King Malcom Canmore , as the shortest and easiest Passage over the River of Forth to Dumfermling , where she did much reside , and began to found that Monastry . Upon the same Forth is situat Abercorn , in Bedes time a famous Monastry , which by the gracious favour of King James the sixth gave unto James Hamilton eldest Son to Claud Hamilton , first Commendator and then Lord of Pasley youngest Son to the Duke of Chattelrault , the Title of Lord of Pasley in Renfrew , he is ranked after the Lord Torphichen , ●nd before the Lord Newbottle ; James his said Son was created Lord Abercorn about the year 1603 , and is ranked after the Lord Kinloss , and before Balmerinoch ; and in the year 1606 was created Earl of Abercorn , which Title is enjoyed by Hamilton Lord Straband an Irish Peer , descended of the first Earls of Abercorn . And fast beside it standeth Blackness Castle , and beneath it Southward , the anctient City Lindum , whereof Ptolomy maketh mention , which the better learned as yet call Linlithgow , commonly Lithgow , beautified and set out with a very fair House of the Kings , a goodly Church , and a fishful Lake ; of which Lake it may seem to have assumed that Name : For Lin , in the British Tongue soundeth as much as a Lake . A Sheriff it had in times past by inheritance out of the Family of the Hamiltons of Peyle ; and now in our days it hath for the first Earl , Sir Alexander Livingston , whom King James the sixth raised from the Dignity of a Baron , wherein his Ancestors had flourished a long time , to the Honour of an Earl. In the same Shire is situat Livingstoun , the Peyle of Livingstoun , which was burnt by Oliver Cromwell , and did antiently belong to the Family of Livingston , who from the seat and sirname were first designed Lairds of Livingstoun : And afterward Callender of that Ilk being Forfaulted for adhering to the Baliol. A Daughter of that Family was married to Livingstoun , who by Right of Blood , and Grant from King Robert the Bruce , obtained the Lands and Barony of Callender , whose Successor Sir Alexander Livingston of Callender was great Counsellor to King James the first , and by him appointed Governour to King James the second ; himself or his Heir was created Lord Livingstoun : Alexander Lord Livingstoun about the year 1603 , was by King James the sixth created Earl of Linlithgow , and was one of the Commissioners for the Union 1604. George Earl of Linlithgow , great Grand child to the first Earl , doth presently enjoy the Dignity , and is one of the Commissioners of the Thesaury . Near to Livingstoun is the Castle of Calder , which antiently belonged to the Family of Sandilands ; in the Reign of Queen Mary 1563 , Sir James Sandilands being Preceptor of Torphichen , and Lord of St. John , was created Lord Torphichen , whose Successor Walter Lord Torphichen doth enjoy the Title . The Sheriffdom of Linlithgow being annexed to the Barony of Abercorn , it doth belong to Charles Hope of Hoptoun , who doth inherit the Barony and Sheriffship . CHAP. VIII . SELGOVAE . BEneath the Gadeni , toward the South and West , where now are the small Territories of Liddesdale , Eusdale , Eskdale , Annandale , and Nidesdale , so called of little Rivers running through them , which all lose themselves in Solway Firth , dwelt in antient times the Selgovae ; the Reliques of whose name seemed to the Author to remain in that name Solway . In Lidesdale there riseth aloft Armitage , so called , because it was in times past dedicated to a solitary life ; of old a very strong Castle , which belonged to the Hepburns , who draw their Original from a certain Englishman a prisoner , whom the Earl of Merch , for delivering him out of a danger , greatly enriched . These were Earls of Bothwell in Clydsdale , and a long time by the right of inheritance Admirals of Scotland : But by a Sister of James Earl of Bothwell , the last of the Hepburns , married unto John Prior of Coldinghame , base Son to King James the fifth ( who begat many Bastards ) the Title & Inheritance both came unto his Son now extinct . Hard by is Branksholm , the Habitation of the warlike Family of Buckcleugh , surnamed Scot ; of whom already in Teviotdale , or the Shire of Roxburgh , where Branksholm is situat ▪ beside many little Piles or Forts of military Men every where . In Eusdale , one would deem by the affinity of the Name , that old Vzellum , mentioned by Ptolomy , stood by the River Euse. In Eskdale some are of Opinion that the Horesti dwelt , into whose Borders Julius Agricola , when he had subdued the Britains inhabiting this Tract , brought the Roman Army : especially if we read Horesci insteed of Horesti . For Ar-Esc in the British Tongue betokeneth a Place by the River Eske . The Author hath disjoyned this Chapter too far from the Description of Teviotdale , but gives an Entry to treat of Annandale . CHAP. IX . ANNANDALE . UNto this on the West side adjoyneth Annandale , that is , The Vale by the River Annan ; into which the Access by Land is very difficult . The Places of greater note herein are these ; a Castle and Town by Lough-Maban , three parts whereof are environed with Water , and strongly walled , and the Town Annan at the very mouth almost of the River Annan : which lost all the Glory and Beauty it had by the English War , in the Reign of Edward the sixth . In this Territory , the Johnstons are Men of greatest Name ; a Kindred even bred to War : between whom and the Maxwels there hath been professed an open Enmity over long , even to deadly Feud and Blood-shed : which Maxwels by Right from their Ancestors , had the Rule of this Seneschalsie or Stewartrie , for so it is accounted . This Vale Edgar King of Scots , after he was restored to his Kingdom by auxiliary Forces out of England , gave in Consideration and Reward of good Service , unto Robert Bruse or Brus Lord of Cliveland in York-shire ; who with the good favour of the King bestowed it upon Robert his younger Son , when himself would not serve the King of Scots in his Wars . From him flowered the Bruses Lords of Annandale , of whom Robert Brus married Isobel the Daughter of William King of Scots by the Daughter of Robert Avenal : His Son likewise , Robert the third of that Name , wedded the Daughter of David Earl of Huntington and of Garioch : whose Son Robert surnamed The Noble , when the Issue of Alexander the third King of Scots failed , challenged in his Mothers Right the Kingdom of Scotland , before Edward the first King of England , ( as the direct and superiour Lord of the Kingdom of Scotland , ( so the English give it out ) or , an honourable Arbitrator ( for so say the Scots ) as being nearer in proximity , in Degree and Bloud , to King Alexander the third and Margaret Daughter to the King of Norway , although he was the Son by a second Sister , who soon after resigning up his own Right , granted and gave over to his Son Robert Brus , Earl of Carrick , to his Heirs ( the Author alledges this out of the very Original ) all the Right and Claim which he had or might have to the Kingdom of Scotland . But the Action and Suit went with John Balliol , who sued for his Right , as descended of the eldest Sister , although in a degree farther off : and Sentence was given in these words . For that the Person more remote in the second Degree , descending in the first Line , is to be preferred before a nearer in a second Line , in the succession of an Inheritance that cannot be parted . Howbeit the said Robert , Son to the Earl of Carrick , by his own vertue , at length recovered the Kingdom unto himself , and established it to his Posterity . A Prince , who as he flourished notably , in regard of the glorious Ornaments of his Noble Acts , so he triumphed as happily with invincible Fortitude & Courage , over Fortune that so often crossed him . Sir Richard Murray of Cock-pool Baronet was first created Viscount of Annan , & is so designed in the year 1623 , and thereafter in the 1624 , was by King James the sixth created Earl of Annandale . The Laird of Johnstoun was created Lord Johnstoun by King Charles the first , anno 1633 , and by the same King made Earl of Hartfield , and so designed in the rescinded Parliament 1644 : and by King Charles the second after the Restauration , the Title of Earl of Hartfield was changed into that of the Earl of Annandale , ( the Dignity of Annandale Murray being extinct ) and William the present Earl is a Privy Counsellor , and extraordinar Lord of Session , and now Hereditary Stewart of Annandale . CHAP. X. NIDISDALE . CLose unto Annandale on the West-side lyeth Nidisdale , sufficiently furnished with Corn-fields and Pastures ; so named of the River Nid , which in Ptolomy is wrongly written Nobius , for Nodius or Nidius : of which Name there be other Rivers in Britain , full of shallow Foords and muddy Shelves , like as this Nid is also . It springeth out of the Lake Logh-Cure , by which flowrished Corda , a Town of the Selgovae . He taketh his course first by Sanquher a Town and Castle of the Creightons , who a long time kept a great Port , as enjoying the Dignity of the Barons of Sanquher , and the Authority besides of Hereditary Sheriffs of Nidisdale . Afterwards by King james the sixth , anno 1622 , was created William Viscount of Air , and by K. Cbarles the first anno 1633 , Earl of Dumfreis , whose great Grand-child is Penelope Countess of Dumfreis . then by Morton , which gave Title of Earl to some of the Family of Dowglas , out of which others of that Sirname have their Mansion and Abiding at Drumlanrig . The Laird of Drumlanrig was one of the Commissioners to the Parliament 1617 , for the Shire of Dumfreis , and being a Baron of a great Estate , was at his first Promotion created Viscount of Drumlanrig , after the Viscount of Air , and is so Ranked in the Rolls of Parliament 1633 , and in the same year was created Earl ▪ of Queensberry , whose Grandchild William Earl of Queensberry was first created Marquess , thereafter Duke of Queensberry by King Charles the second , and was Lord high Thesaurer of Scotland , and Commissioner to the Parliament anno 1685 , and did enjoy other great Offices and Honours , ( The Lordship of Sanquhar and Sheriff-ship of Dumfreis , was purchased by the Earl of Queensberry from the Earl of Dumfreis , whose Residence since hath been at Leifnoris , near Cumnock , a Regality belonging to them in Kingskyle in the Shire of Air : ) The Duke of Queensberries eldest Son , is James Earl of Drumlanrig , who besides other Offices enjoyed by him , is one of the Commissioners of the Thesaury ; and by a special Commission did represent the Lord High Thesaurer in the last Session of this current parliament . I cannot pass over in silence his Uncle , James Dowglas of Scraling , second Son to James the second Earl of Queensberry , who being an expert Captain , and Lieutenant General , was joyned with the Duke of Schomberg in the first Expedition into Ireland 1689 , where he continued that year and the next , until he went with the Army into Flanders in the year 1691 , where he died , leaving Children by his Wife Anna Hamilton , Daughter to the Laird of Red-house , of the Family of Haddingtoun . Also a Natural Son of the Regent Mortons , was created by King James the sixth Lord Tothorwald , it seems betwixt the year 1585 , at which time the natural Children of the said Earl were restored , and the year 1592 , Tothorwald being ranked in the Rolls of Parliament 1612 , before the Lord Thirlestane , albeit omitted out of the Decreet of Ranking 1606 , his Honours are now extinct , but many considerable Persons are descended of him , his Lands being purchased by the Family of Queensberry , is one of the Titles of the present Duke . By the same River , near unto the Mouth whereof standeth Dumfreis , between two Hills , the most flourishing Town of this Tract ; which hath to shew also an old Castle in it , famous for making of Woollen Clothes , and remarkable for the Murder of John Commin , the mightiest man for Manred and Retinew in all Scotland ; whom Robert Brus , for fear he should fore-close his way to the Kingdom , ran quite through with his Sword in the Church , & soon obtained his Pardon from the Pope , for committing that Murder in a Sacred place . Near unto the Mouth , is Solway , a little Village which retaineth still somewhat of the old Name of Selgovae : Upon the very mouth , is situat Caer-Laverock , which Ptolomy I suppose called Carbantorigum , accounted an impregnable Fort ; when King Edward the first , accompanied with the floure of English Nobility , besieged , and hardly won it : but now it is a weak Dwelling-house of the Barons of Maxwel , who being men of an ancient and noble Linage , were a long time Wardens of these West Marches , and of late advanced by Marriage with the Daughter of one of the Heirs of the Earl of Morton ; whereby John Lord Maxwel was declared Earl of Morton upon the Forfaulture of the Regent Morton , and is designed John Earl of Morton in the Parliament 1581 , and the Dowglasses being restored to the Dignity of Earl of Morton in the Parliament 1585 , the E. of Angus , Nephew to the Regent , was first vested with that Earldom ; Thereafter it came to the Laird of Loch-Leven , of which Family was William E. of Morton , Thesaurer to K. Ch. the first , and James now Earl of Morton , is his Grandchild . The Lord Maxwel was created by King James the sixth Earl of Nithsdale , with the same precedency he would have had when created E. of Morton , which Dignity his Successor William now E. of Nithsdale doth enjoy : As also by the Daughter and Heir of Lord Hereis of Taregles , whom J. a younger Son of the Family of Maxwel took to Wise , and obtained by her the Title of Baron Hereis . The Heirs of the eldest Son of the Earl of Nithsdale failing in the Reign of King Charles the second , the Lord Hereis succeeded to be Earl of Nithsdale , and so the lesser Dignity of Hereis is swallowed up in the greater of the Earl Nithsdale , and is now in the person of the present Earl. Moreover , in this Vale by the Lake side lyeth Glencairn , whence the Cunninghams , of whom I am to write more in place convenient , bare a long time the Title of Earl. This Nithsdale , together with Annandale , nourisheth a War-like kind of Men , who have been infamous for Robberies and Depredations ; for they dwell upon Solway Frith , a foordable Arm of the Sea at Low-waters , through which they made many times Out-rodes into England for to fetch in Booties , and in which the Inhabitants thereabout on both sides with pleasant Pastime and delightful Sight on Horse-back with Spears hunt Salmons , whereof there is abundance . What manner of Cattel-stealers these be , that inhabite these Vales in the Marches of both Kingdoms , John Lesly , Bishop of Ross , will tell you in these Words . They go forth in the Night by Troops out of their own Borders , through desart by-ways , and many winding Crankies . All the day time they refresh their Horses , and recreat their own Strength in lurking places appointed before hand , until they be come thither at length , in the dark Night where they would be . When they have laid hold of a Bootie , back again they return home likewise by Night , through blind ways only , and fetching many a compasse about ; The more skillful any Leader or Guide is , to pass through those wild Desarts , crooked turnings , and steep Down-falls , in the thickest Mists and deepest Darkness , he is held in greater Reputation , as one of an excellent Wit : And so Crafty and Wily these are , that seldom or never they forgo their Booty , and suffer it to be taken out of their hands , unless it happen otherwhiles that they be caught by their Adversaries following continually after , and tracting them directly by their footing , according as quick-senting Slugh-hounds do lead them . But say they be taken , so fair spoken they are and eloquent , so many sugared words they have at will , sweetly to plead for them ▪ that they are able to move the Judges and Adversaries both , be they never so Austere and Severe , if not to Mercy , yet to Admiration , and some Commiseration withal . CHAP. XI . NOVANTES , GALLOWAY . FRom Nithsdale as you go on west-ward , the Novantes inhabited in the Vales , all that Tract which runneth out far and wide toward the West , between the Sea and Dunbritain Frith , or Clyd-forth : yet so indented and hollowed with Nooks and Creeks , that here and there it is drawn into a narrow Room , and then again in the very utmost Skirt it openeth and spreadeth it self abroad at more Liberty : whereupon some have called it the Chersonesus , that is , The Biland of the Novantes . But at this day their Countrey containeth Galloway , Carrick , Kyle , and Cunninghame . Galloway , in the Latine Writers of the middle time , Gaelwallia and Galovidia , so called of the Irish , who in times past dwelt there , and term themselves short in their own Language Gael , is a Countrey rising up every where with Hills , that are better for feeding of Cattel than bearing of Corn : the Inhabitants practise Fishing , as well within the Sea lying round about them , as in little Rivers , and the Loches or Myres in every place standing full of Water at the foot of the Hills : out of which in September they take in Weels and Weer-nets , an incredible Number of most sweet and savourie Eels , whereby they make no less gain than others do by their little Naggs , which for being well Limmed , fast knit , and strongly made to endure Travail , are most in request , and bought from hence . Among these , the first place that offereth it self by the River Dea , mentioned in Ptolomy , which keeping the Name still full and whole , they call d ee , is Kirkcudbright , the most commodious Port of this Coast , and the second Stwartrie of Scotland , which belongs Heretably to the Earls of Nithsdale . The Family of Mcclellan of Bomby , was dignifyed by King Charles the first , about the year 1633 , with the Title of Lord Kirkcudbright , but at present no person claims that Dignity ▪ Then Cardines , a Fort set upon a craggie and high Rock by the River Fleet , and fenced with strong Walls . Near unto it the River Ken , corruptly read in Ptolomy Jena , runneth into the Sea. On this River standeth Kenmore , from which Alexander Gordon , now Viscount of Kenmore is designed , whose Predecessor was dignified with that Title by King Charles the first before the year 1633 , descended from an antient Family of the Gordons of Stitchel near Kelso , and Lochinvar in this Stewartrie : near to Kenmore , is New-Galloway a Burgh Royal. After it is Wigton , an Haven Town with a narrow Entrance unto it , between the two Rivers , Bluidnoo and Crea , which also is counted a Sheriffdom , over which Sir Andrew Agnew of Lochna● Baronet , is Heretable Sheriff , and a Member for that Shire to this current Parliament . In times past , it had for Lord , Archibald Douglas , renowned in the French War , and by the Favour of King James the Sixth , John Lord Fleming of Cummernald , who deriveth his Pedegree from the antient Earls of Wigton , was created Earl of Wigton , whose Posterity doth still enjoy that Honour . Near unto this , Ptolomy placed the City Leucopibia , which I know not , to say truth , where to seek . Yet that place requireth that it should be that Episcopal Seat of Ninian , which Bede calleth Candida Casa , and the English and Scots in the very same sense Whithern : What say you then , if Ptolomy after his manner translated that Name in Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is , White-houses ( in stead whereof the * Transcribers have thrust upon us Leucopibia ) which the Brittains termed Candida Casa . In this place Ninia or Ninian the Brittain , an holy Man , the first that instructed the South-Picts in Christian Faith , in the Reign of the Emperor Theodosius the younger , had his Seat , and built a Church consecrated to the Memory of Saint Martin , after a manner unusual among the Brittains , as Bede saith , who wrote that the English in his time held this Countrey , and when the Number of the faithful Christians multiplied , an Episcopal See was erected at this Candida Casa . A little higher there is a Bi-land , having the Sea insinuating it self on both sides with two Bayes : The Loch of Lucé , on the South toward Whit-hern , and Loch-rian to the North , designed Abravanus , which being set a little out of his own place , is so called of Ptolomy , for Aber-Ruanus , that is , The mouth of Ruan . For at this day that River is named Rian , and the Lake out of which it floweth , Loch-Rian , exceeding full of Herrings & Stone-fishes . On this Lake standeth Stranrawer , a Burgh-Royal ; the Promontory or point by which it entereth into the sea , is called the point of Corsehill stretching to Cantyre , and on the other side is Port-Patrick , a known Sea-port , opposite to Donaghadee in Ireland , & from thence running southward to the point of the Mule. The land betwixt the two points of Corsehill and the Mule , is called the Rinnes of Galloway , perhaps , because the points run out narrow a great length into the sea , and are twenty four Miles distant ▪ And to the south of Lochrian is another Bay , called the Loch or Bay of Luce , running betwixt the points of the Mule and Whitehern , opposite to the Isle of Man , the neck of land interjected betwixt the Lakes joining the Rinnes to the Main-land , is six mile broad , and near to the midst whereof in a little rising ground , standeth the Castle of the Inch among the Lakes : on this Bay is the Vale or Glen of Luce , where there was an Abbey founded by Rolland Lord of Galloway , father to Allan , confirmed by the King with a Regality ; whereof the Viscount of Stair is hereditary Baillie . This Galloway had in times past Princes and Lords over it : of whom the first recorded in Chronicles was Fergus , in the Reign of Henry the first King of England , who gave for his Arms , A Lyon rampant Arg , Crowned , Or , in a Shield Azur : who after many troubles that he had stirred , was driven to this exigent by King Malcolm , that he gave his Son Vcthred to the King for an Hostage , and himself weary of this world , took the Habit of a Chanon at Holy-rud-house in Edinburgh . As for Vcthred , Gilbert his younger Brother took him Prisoner in Battel , and when he had cut out his Tongue , and plucked his Eyes forth of his Head , he cruelly bereaved him both of Life and Inheritance . But within some few years , when Gilbert was dead , Vcthreds Son recovered his fathers Inheritance , who of a Sister of William Morvill Constable of Scotland , begat Allan Lord of Galloway , and Constable of Scotland : This Allan , by Margaret the eldest Daughter of David Earl of Huntingtoun , had Dervolgilda wife to John Balliol , and the Mother of John Balliol King of Scotland , who contended with Robert Brus for the Kingdom of Scotland ; and by a former Wife as it seemeth , he had Helen , married to Roger Quincy Earl of Winchester , who thereby was Constable of Scotland , like as William Ferrars of Groby , the Nephew of the said Roger , by a Daughter and one of the Heirs : But these Englishmen soon lost their Inheritance in Scotland , as also the Dignity of Constably , which the Cummins Earls of Buchan , descended likewise from a Daughter of Roger Quincy obtained , until it was translated unto the Earls of Errol . But the Title of the Lords of Galloway fell afterward to the Family of the Dowglasses . And now the Title of Earl of Galloway belongeth to the Family of Stuarts of Garleis , an antient Family of the name of Stuart , which being first dignified by King James the Sixth , about the year 1609 , with the Title of Lord of Garleis , is marked in the Rolls of Parliament after the Lord Haly-rood-house , and before the Lords Cowper , Maitherty , Kintail , and Cranstoun ; he was also created by the same King about the year 1622 , Earl of Galloway , and is ranked in the Rolls of Parliament , next after the Earl of Haddingtoun : and James now Earl of Galloway , is the fifth Earl , and Great Grand-child of the first . CHAP. XII . CARRICTA . CARRICK . NOw followeth Carrick upon Dumbritain Frith , lying on the East-side of Loch-Rian opposite to the Corse-hill fair to be seen with fresh Pastures ; supplyed both by Land and Sea with Commodities abundantly . In this Province Ptolomy placed Rerigonium a Creek , and Rerigonium a Town . For which Berigonium is read in a very antient Copy of Ptolomy , printed at Rome in the year 1480 , so that we cannot but verily think it was that which now is called Bargeny . A Lord it hath out of the Family of the Kennedies , which came forth of Ireland in the Reign of Robert Brus , and is in this Tract of high Birth , spread into many Branches , and of great power . The Chief of which Linage is the Earl of Cassils ; for this is the Name of a Castle wherein he dwelleth by the River Dun : Upon the Bank whereof he hath also another Castle , Named Dunnure , his Predecessor was first designed of Dunnure , and being married to Mary Stuart , lawful daughter to King Robert the Third , whose Successor was first created Lord Kennedy , and thereafter Earl of Cassils , and John now Earl of Cassils , is one of the Commissioners of the Thesaury . An ancient Family of the Kennedies , did possess the forementioned Lands of Bargeny , which were purchased from them by Sir John Hamilton , Son to John Marquess of Hamilton , whose Son Sir John , was created Lord Bargeny , by King Charles the First , Anno 1639 , his Grand-child is William Lord Bargeny . The Earl of Cassils is the hereditary Bailiff of this Countrey . For this Carrick , together with Kyle and Cunninghame , are counted the three Bailleries of Scotland , because they that govern these with an ordinary Power and Jurisdiction , are called Bailliffs , by a Term that came up in the middle times , and among the Greeks , Sicilians , and French men , signifieth a Conservator , or Protector . But in the Age aforegoing Carrick had Earls : for , to say nothing of Gilbert of Galloway's , Son unto whom King of William gave all Carrict to be possessed for ever , we read that Adam of Kilconcath , was about the year 1270. Earl of Carrick , and died serving in the Holy-land : whose only Daughter Martha fell extremely in love with Robert Bruce , a beautiful young Gentleman , as she saw him hunting , and thereupon made him her Husband , advanced him with the Title of Earl , and with Possessions : unto whom she bare Robert Bruce , that most renowned King of Scots , from whom the royal Line of the Kings is descended . But the Title of the Earl of Carrick being left for a time to the younger Sons of the Family of Bruce , afterwards among other honours encreased the Stile of the Princes of Scotland . The Title of the Lord Kincleven in Perth-Shire was conferred by King James the Sixth , Anno 1607. and Earl of Carrick by King Charles the First , upon John Stuart brother to Patrick Stuart , last Earl of Orkney , descended of King James the Fifth by a natural Son , which is now Extinct . CHAP. XIII . KYLE . MOre inward , toward Clyds-forth , followeth Kyle , plentiful in all things , and as well inhabited : In Bedes Auctarium , it is called Campus Cyel , that is , The Field Cyel , and Coil : where it is recorded , That Eadbert King of Northumberland annexed this with other Territories , unto his own Kingdom . In Ptolomy's time , there was known a place here named Vidogara , happily Air , which is a Sheriffdom , hath a Town also of Merchandise , and a well known Port by a River of the same name . This Country lyeth between the River of Dune bordering Carrick , and the River of Irwine northward , bordering Cunninghame ; and is divided in Kings-Kyle , under the Jurisdiction of the Sheriff , which lyeth betwixt Dune on the South and West , and the Rivers of Air and Lougar running into Air on the North and East , including also the Paroch of Achinleck on the other side of Lougar ; and Kyle-stewart containing the rest of the Country , northward to the River of Irwine , which belonged anciently to the Stuarts of Scotland , since , to the Prince , the Kings eldest Son. The Wallaces Lairds of Craiggie , were heretable Stuarts , but now both Sheriffship and Stewartry being at the Kings disposal , are granted to one person ; which Rivers hath many little Villages scattered along their Banks . Upon Lougar standeth Vchiltrie , sometime the Seat of the Stuarts of the Blood-Royal , as who issued from the Dukes of Albanie , and were created Lords of Vchiltrie , which Title is now failed , out of which House was that noble Robert Stuart , who kept continually with the Prince of Condie as an inseparable Companion , and was slain in Battle with him in France . Near to this place to the westward , on the River Air in Kings-kyle is situat Stair , the Inheritance of Sir James Dalrymple , Knight and Barronet , who being learned ▪ in the Laws , was admitted an ordinar Lord of Session , in the first nomination and settlement of the Judicatory , by King Charles the Second , after his Restauration anno 1661 , and President anno 1671. And being removed from that Office in the year 1681 , was by Their Majesties , restored to be President of the Session in the year 1689. And in anno 1690 , was created Viscount of Stair , whose eldest Son John Master of Stair , also an eminent Lawyer , after he had been honoured with several publick Employments , was constitute one of the principal Secretaries of State , anno 1691. In this Country are the Crawfords and Campbels of Cessnock , and others of these Sirnames , all Families of good Note . The chief Messuage of the Stewartry of Kyle , was Dundonald , purchased by Sir William Cochran of Cowdoun , who was by King Charles the First , created Lord Cochran in the year 1648. And by King Charles the Second , appointed one of the Commissioners to the Thesaury , and by him created Earl of Dundonald about the year 1669. His great Grand-child is William Earl of Dundonald . The Government of this Jurisdiction belonged anciently to the Lairds of Lowdoun , as hereditary Sheriffs : who had many Lands in Kyle , albeit their chief Residence was on the other side of the River of Irwine at Lowdoun in Cunninghame , from which they wer designed . CHAP. XIV . CUNNINGHAME . CVnninghame adjoyning to Kyle on the east-side and on the north , butteth upon the same Firth so close , that it restraineth the breadth thereof , which hitherto lay out and spread at large . The Name , if one interpret it , is as much as the Kings Habitation : by which a man may guess how commodious and pleasant it is . This Territory is watered with Irwine , that divideth it from Kyle : at the Spring-head , well near whereof , standeth Lowdoun the ancient dwelling place of the Crawfords , which by the Marriage of Sir Duncan Campbel of the Family of Lochaw , in Argyle Shire , with the Heiress , the Campbels did enjoy that Estate , with the Sheriff-ship of Air , or Kings Kyle annexed to it , as said is . Sir Hugh Campbel of Lowdoun , Sheriff of Air , was by King James the Sixth , about the year 1604 , created Lord Lowdoun , whose Grand-child Lady Margaret Campbel , being married to Sir John Campbel of Lawers , had the Title of Earl of Lowdoun from King Charles the First , anno 1633. and was made Lord Chancellor anno 1641 , in which Office he continued , until the year 1651 , Earl James his Son died in Holland , and the Grand-child is Hugh now Earl of Lowdoun . King Charles the First , did redeem the Sheriff-ship from John Earl of Lowdoun , which together with the Stuartry , is conferred by Their Majesties on Sir George Campbel of Cessnock . The Earls of Lowdoun carries the Arms of the Crawfords ▪ quartered with their own . Below Lawdoun on the River Irwine , lyeth Kilmarnock ▪ the Habitation of the Lord Boyds ; of whom in the Reign of K. James 3d , Robert , by a prosperous gale of Court-favour , was advanced to the Authority of Regent or Vice-roy , Thomas his Son , to the Dignity of Earl of Arran , and marriage with the Kings Sister . But soon after , when the said gale came about , and blew contrary , they were judged Enemies to the State : Thomas also had his Wife taken from him , and given unto James Lord Hamilton ; their Goods were confiscate , Fortune made a game of them , and when they had lost all , they died in Exile : ( This is the received History , but the Family of Hamilton doth contravert many of the Circumstances thereof . ) Howbeit the Posterity of the Lord Boyd , recovered the ancient honour of Barons , and honourably enjoy it at this day . This Family was dignified with the Title of Earl of Kilmarnock by King Charles the Second , about the year 1661 , and William now Earl of Kilmarnock , is the third Earl. At the mouth of this River standeth Irwine , with an Haven so barred up with Shelves of Sand , and so shallow withall , that it can bear none other Vessels but small Barks and Boats. James , Brother to the Earl of Argyle , was created Lord Kintyre , and then Earl of Irwine by King Charles the First . The former Dignity being extinct , Arthur Ingram an English man , was created Viscount of Irwine by King Charles the Second , about the year 1661. Ardrossan also , a Pile belonging to the Montgomeries , more above standeth higher over the Creek : this is a very ancient and famous family as any other , who have to shew for witness of their warlike prowesse , Ioununy , a Fort built with the ransome money of Sir Henry Percie , sirnamed Hot-spur , whom J. Montgomerie with his own hand , took prisoner in the Battle at Otterburn , and led away captive . Not far from Ardrossan is Largis , embrued with the Blood of the Norwegians by King Alexander the Third . From whence , as you follow the shore bending and giving in , you meet with Eglington a fair Castle , which was the Possession of certain Gentlemen highly descended of the same sirname : from whom it came by Marriage unto the Montgomeries , who thereby received the Title of Earls of Eglington . Of this ancient Family of the Montgomeries , is descended Alexander now Earl Eglington , heretable Baillie of Cuninghame , and Lord of the Regality of Kilwinning , formerly an Abbacie . But whence the said sirname should come , a man can hardly tell : this I know , that out of Normandy it came into England , and that divers Families there , were of the same name : but that in Essex , from which Sir Thomas Montgomerie , Knight of the Order of the Garter , descended , in the Reign of Edward the Fourth , gave Arms a little different from these . This noble Linage is fair and far spread , and out of those of Gevan , was that Gabriel de Lorges , called Earl of Montgomerie , Captain of the Guard of Scots ( which Charles the Fifth King of France instituted for defence of his own person , and his Successors , in testimony of their fidelity , and his love toward them ) who in running at Tilt , slew Henry the Second , King of France , by occasion that a broken splint of his Spear , where the Helmet chanced to be open , entred at his Eye , and pierced into his Brain ; and afterwards in that Civil War , wherein all France was in a broil , whiles he took part with the Protestants , he was apprehended and beheaded . But the Cunninghames in this Tract , were counted to be the greater and more numerous Family , the Chief whereof , enjoying the honour of Earl of Glencairn in Dumfreis-Shire , Dwelt at Kilmaurs in Cunninghame , and fetcheth his Descent out of England , and from an English Gentleman , who , together with others , killed Thomas Arch-bishop of Canterbury , the chief of which Family , was first created Lord Kilmaurs , and afterward Earl of Glencairn . John Son to William Earl of Glencairn , late Chancellor of Scotland is now Earl. How true this Descent is , I know not ; but they ground it happily upon a probable Conjecture , taken from an Arch-bishops Pall , which the Cuninghames give in their Coat of Arms. CHAP. XV. ISLE GLOTTA ; OR , ARRAN . WIthin the sight of Cunninghame , among sundry other Islands , Glotta , the Isle mentioned by Antonine the Emperour , beareth up his head , in the very Forth and Salt-water of the River Glotin , or Cluyd , called at this day Arran , of a Castle bearing the same name . Inwardly it mounteth up altogether with high rising hills , at the bottom and foot whereof , along the Shore , it is well inhabited . The first Earl hereof that I can read of , was Thomas , eldest Son to Robert Boyd , whose Wife and Earldom together , when Boyd was banished the Realm , James Lord Hamilton , as I said before , obtained , and his Posterity enjoyed the same Earldom , saving that Sir James Stuart , appointed Guardian to James Hamilton Earl of Arran , when he was so defective in understanding , that he could not manage his Estate , took this Title in the right of being Guardian . Near unto this standeth Bute , so called of a little Religious Cell which Brendanus founded ( for so is a little religious Cell tearmed in the Scottish Tongue . ) In this Island is Rothsay Town and Castle , which giveth the Title of Dukedom unto the King of Scots eldest Son , who is born Prince of Scotland , Duke of Rothsay , and Seneschal of Scotland , since the time that King Robert the third invested Robert his eldest Son Duke of Rothsay , the first in Scotland that ever was created Duke . With which Title also Queen Mary honoured Henry Lord Darnly before she took him to be her Husband . Then shew themselves Hellan , sometimes called Hellan Leneow , that is , as Iohn Fordon interpreteth it , The Saints Islands , and Helen Tinoc , that is , The Swines Island , with a great number of other Islands of less Note and Reckoning in the same Forth . These Islands are erected in a Sheriffdom , and Sir James Stuart of Bute descended of a Son of King Robert the second , is Heretable Sheriff thereof . CHAP. XVI . DAMNII , CLYDSDALE , &c. BEyond the Novantes , more inward , by the River Glotta or Clyd , and farther still even to the very East-Sea , dwelt in times past the Damnii , in those Countries , if I have any Judgment ( for in things so far remote from our Remembrance , and in so thick a Mist of Obscurity , who can speak of Certainty ? ) which are now called Clydsdale , the Barony of Renfrew , Lennox , Stirlingshire , Monteith , and Fife . Near unto the head of Clyde in Crawford Moor , among the wild Wastes ; certain Husband men of the countrey , after great store of violent Rain , happened to find certain small Pieces like scrapings of Gold , which gave great hope of much Riches , since that Sir Beamis Bulmer undertook with great endeavour , to find out here a Mine of gold ; near to which place , are the Lead-mines belonging to the Laird of Hoptoun . The Castle of Crawford , together with the Title of the Earl of Crawford , was by Robert the Second , King of Scots , given unto Sir James Lindsey , who by a single Combate performed with Baron Welles an English man , won high Commendation for his Valour . These Lindseys have deserved passing well of their Country , and are of ancient Nobility , ever since that Sir William Lindsey married one of the Heirs of William of Lancaster , Lord of Kandale in England , whose Neice in the third Degree of lineal Descent , was married unto the most honourable Family of Coucy in France . The Dignity of the Earl of Crawford was conveyed to the Lord Lindsey , of whom hereafter . Clyde , after he hath from his Spring-head with much strugling , got out northward by Baron Somervels house , called Carnwath , which being purchased by the Family of Dalziel , also residing in Clyds-dale , was by King Charles the First , created Lord Dalziel , who is ranked the last Lord in the Rolls of Parliament 1633 , and thereafter , Earl of Carnwath , whose Grand-child is John Earl of Carnwath . No person at present claims the Dignity of Lord Somervel . The last Lords marked in the Rolls of Parliament 1633 , are Cranstoun , Deskford , Melvil , Carnegy , Ramsey , Naper , Cameron , Newburgh , Weyms , Ashtoun of Forfar , Rae , Dalziel . And thereafter out of the West , falleth in the River Duglasse or Douglasse , so called of a blackish or greenish water that it hath : which River communicateth his name both to the Vale through which he runneth , called Douglasdale , and also to Douglasse Castle therein : which name that Castle likewise hath imparted unto the Family of the Dowglasses : which I assure you is very ancient , but most famous ever since that Sir Iames Dowglas stuck very close at all times , as a most fast friend unto King Robert Bruce , and was ready always with singular Courage , Resolution , and Wisdom , to assist him , claiming the Kingdom in most troublesome and dangerous times : and whom the said King Robert charged at his death , to carry his Heart to Jerusalem , that he might be discharged of his Vow , made to go to the Holy-land ; in memorial whereof , the Dowglasses have inserted in their Coat of Arms , a mans Heart : from which time , this Family grew up to that power and greatness , and namely , after that King David the Second , had created William , Earl of Dowglass , that they after a sort , awed the Kings themselves ; For at one time well near , there were six Earls of them , namely , of this Dowglass , of Angus , of Ormund , of Wigton , of Murray , and of Morton : among whom , the Earl of Wigton , through his martial Prowesse and desert , obtained at the hands of Charles the Seventh , King of France , the Title of Duke of Tourain , and left the same to six Earls of Dowglasse his Heirs after him . The Earl of Dowglass being forefeited by King James the Second , the Earl of Angus got the Castle and Countrey of Dowglasse , whose Heir William Earl of Angus , was created Marquess of Dowglasse by King Charles the First , in the year 1633 , whose Grand-child is James Marquess of Dowglass . Concerning the Lives and Actions of this Family , see the History written by Godscroft . In this place of Clyds-dale , is the Seat of the Lairds of Carmichael . Sir James Carmichael Baronet , was a Lord of the Session , and Thesaurer Depute to King Charles the First : and by King Charles the Second when in Scotland , created Lord Carmichael , whose Grand-child is John Lord Carmichael : he hath been twice employed by Their Majesties , as Commissioner to the General Assembly , and is of the Privy Council . Below the falling of Dowglasse into Clyde , is the Town of Lanerk , head Burgh of the Sheriffdom thereof , whereof the Lords of Hamilton are heretable Sheriffs ; and eight Miles below that , standeth the Town and Castle of Hamilton , in a fruitful and pleasant Soil , the Lords whereof derive there Original from England : They have enjoyed great Lands in Scotland , since the time of King Robert Bruce , and their Estate was much augmented by the Bounty of King Iames the Third , who bestowed upon the Lord Hamilton , his Sister in marriage , after the death of the Lord Boyd her first Husband , as is asserted by Mr. John Ballenden Arch-Dean of Murray , Translator in Scots of the Chronicle of Hector Boetius , who lived in the Reign of King James the Fifth , Book 12. Chap. 5. anent the Genealogy of the Stuarts , in these words , The first Douchter of James the Secound , was marryit to the Lord Boyd , of whom was gottin ane Son , quhylk was slain be the Lord of Mongumry , and ane Douchter Gregane , quhylk was maryit efter on the Erl of Casselis : and efter the deith of the Lord Boyd , this Douchter of James the Secound , was maryit on the Lord Hammylton , and be that way the House of Hammylton is decorit in the Kyngs Blude : And thereafter in Parliament 1542 , James Earl of Arran , the Grand-child of this marriage , was declared Governour of the Kingdom , during the Nonage of Queen Mary : And in the year 1548 , was by Henry the Second King of France , created Duke of Castle-herald in France , and thereafter his Son Iohn , was by King James the Sixth , created Marquess of Hamilton anno 1599 , and was the first that enjoyed that Dignity in Scotland ▪ his Son James Marquess of Hamilton was Commissioner for the King to the Parliament 1621 , whose eldest Son James Marquess of Hamilton , was created thereafter Duke of Hamilton ; his second Son Lord William Hamilton was Secretary to King Charles the first , and created Earl of Lanerk in the year 1640 , from the Head-Burgh of the Shire , who after the death of his Brother Duke James , was also Duke of Hamilton , the Lives and Actions of James and William Dukes of Hamilton , and Castle-Herald , are set forth in the Memoirs written by Dr. Gilbert Burnet , now Bishop of Salisburry ; William Duke of Hamilton as well as James Duke of Hamilton , having deceased without Heirs-Male of their own Body , the Dignity of Hamilton and Castle-Herald did descend upon Dutchess Anna , eldest Daughter to Duke James , who married that Noble and Stately Person William Earl of Selkirk , thereafter Duke of Hamilton formerly mentioned , who have that advantage above others , of many & excellent Children , who already have appeared much in the World , viz. Their eldest Son James Earl of Arran , who after he had finished his Travells Abroad , Resided at the Court of England , and from King Charles the second , and King James the seventh , enjoyed many Honourable Employments . The second Lord William , of great Hopes , dyed in France . Upon his third Son Lord Charles descended his Dignity of Earl of Selkirk , as is said , who is one of the Gentlemen of Their Majesties Bed-Chamber . The fourth Son Lord John , is General of Their Majesties Mint , and married to Lady Anna Kennedy Daughter to John Earl of Cassils , by his most excellent and vertuous Lady Susanna , second Daughter to James Duke of Hamilton . Their fifth Son Lord George , Collonel of that Valiant and Renowned Regiment , ordinarly Commanded by one of the Family of Dowglass , of which this Lord is a Grand-child . The sixth Son Lord Basile , married to Mrs. Mary Dumbar , Heiress to Sir David Dumbar of Baldone Baronet in the Shire of Wigtoun her Grand-father , by his Son of the same Name , married o Lady Helen Montgomery Daughter to Hugh Earl of Eglington . The seventh Lord Archibald , is Commander of the Woolage , one of Their Majesties Ships of War. Their eldest Daughter Lady Katharine , is married to John Lord Murray , eldest Son to the Marquess of Atholl . The second is , Susanna Countess Dowager , and Mother of William Earl of Dundonald ; and Lady Margaret is married to James Earl of Panmure . The River Glotta or Clyde , runneth from Hamiltoun by Bothwel , which glorieth in the Earls thereof , namely , John Ramsey , whose greatness with King James the Third , was excessive , but pernicious both to himself and the King : and the Hepburns , of whom already . Near to this place is Blantyre , from which Walter Prior of Blantyre , Lord Privy-Seal , and afterward Thesaurer , and one of the Octavians to King James the Sixth , and an extraordinar Lord of Session , was created Lord Blantyre , July 10. 1606 ; his Descendant is Alexander Lord Blantyre . This River runneth straight forward with a ready stream through Glasgow , in ancient times past a Bishops Seat : but discontinued a great while , until that King William restored it up again : but now it is an Arch-bishops See , and an University , which Bishop Turnbul , after he had in a pious and religious intent , built a Colledge in the year 1454 , first founded . This Glasgow is the most famous Town of Merchandise in this Tract : for pleasant Situation , Apple-trees , and other like Fruit-trees much commended , having also a very fair Bridge supported with eight Arches . Near to it is Rutherglen , a Burgh Royal , and head Burgh of the nether-ward of Clydsdale , as Lanerk is of the whole Shire , and specially of the upper-ward . Lower on the Bank of Clyde , lyeth the Barony of Renfrew , anciently in the Shire of Lanerk , but by King Robert the 3d. erected in a Shire so called of the principle Town , which may seem to be Randvara in Ptolomy , upon the River Cart , which had the Baron of Cathcart dwelling upon it , carrying the same sirname , & of ancient Nobility ▪ The present Lord Cathcart is called Allan , his Residence is now at Sundrom in Kings-kyle on the River of Kylne , near where it falls into the River Air. Near unto Cathcart ( for this little Province can shew a goodly Breed of Nobility ) there Bordereth Cruikston , the Seat in times past of the Lords of Darnley , from whom by right of marriage , it came to the Earls of Lennox , whence Henry the Father of King James the Sixth , was called Lord Darnley . Halkead , the Habitation of the Barons of Ross , descended orginally from English Blood , as who fetch their Pedegree from that Robert Ross of Wark , who long since left England , and came under the Alledgeance of the King of Scots , of whom is descended William Lord Ross. Pasley , sometimes a famous Monastery , founded by Alexander the Second of that name , High-steward of Scotland , which for a gorgeous Church , and rich Furniture , was inferior to few : but by the beneficial Favour of King James the Sixth , it yielded both Dwelling-place , and Title of Baron , to Lord Claud Hamilton , a younger Son of the Duke of Chasteu Herald ; the eldest Son of the Earl of Abercorn , is designed Lord Pasley , of whom already . And Semple ; the Lord whereof Baron Semple by ancient Right , was Sheriff of this Barony . The Lady Heiress of Semple being married to Francis Abercrombie of Fiternier , he was by King Charles the 2d , created Lord Glasford , and is Father to the present Lord Semple . In this Country of Renfrew , is Areskine , the Seat of the ancient Lords of Areskine , now Earls of Marr. But the Title of Baron of Renfrew , by a peculiar priviledge , since the Reign of King Robert the 3d. doth appertain unto the Prince of Scotland . The heretable Sheriffs of this Shire , are the Earls of Eglington . The Author Camden is not to be blamed , for asserting , that Alexander the Second , Great Stewart of Scotland , Founded the Monastry of Pasley , since it was generally related by the Scottish Historians : but because the Errors in this Matter are so many and gross , to the disadvantage of the Great Stewarts of Scotland , Progenitors to our Kings , and that a wrong Genealogy of them is printed , with our Acts of Parliament . I must be allowed to prevent the further course of that mistake , to digress a little beyond my ordinary in privat Families , to give a true and brief account of that ancient , great and noble Family of the Stuarts , from undoubted Records , Charters and History . Their Barony was the Shires of Renfrew , and Bute , and the Stewartry of Kyle . The first of that Family , I find mentioned in Charters and Records , is Walter , the Son of Allan Dapifer Regis , Founder of the Monastry of Pasley , who in the Register Book of Charters , of the Abbacy of Pasley , now in the custody of the Earl of Dundonald , Proprietar of these Lands , and where he hath his chief Residence , is mentioned as the Founder and Son of Allan , and particularly in a Discharge granted by himself to the Monks , of two Chalders of Meal , payable out of the Miln , he is designed Walter , the Son of Allan , and in a Confirmation by Pope Alexander of the Abbacy of Pasley , to Alexander Stuart of Scotland , he is designed Heir by Progress , to Walter the Founder . There are also Charters extant , granted by this Walter , designing himself the Son of Allan , and Dapifer Regis . The Chronicles of Melross and Fordon , do design him Walter the Son of Allan Dapifer Regis Scotiae , qui fundavit Pasletum , and that he died in the year 1177 , by the former , and 1178. by the latter , which was in the 12th or 13th year of the Reign of King William . And frequently in King William's Charters in the said Register of Pasley , Allan Dapifer is mentioned , and also in the foresaid Confirmation by the Pope , he is designed Allan the Son of Walter the Founder , he died in the year 1204. To him succeeded Walter his Son , designed Senescallus Scotiae . Fordon relates , that King Alexander the 2d , at the Feast on his Birth day , in the year 1231 , made Walter the Son of Allan , Stewart of Scotland , Justiciar of Scotland . A Manuscript of Andreas Wintonius , Prior of the Inch in Lochlevin , who wrote in the time of the Government of Robert first Duke of Albany , and Uncle to King James the First , Dedicate to Sir John Weyms , Predecessor to the Earl of Weyms , agrees with Fordon , that at St. Andrews , King Alexander made Allan's Son , Stewart of Scotland , the Kings Justiciar . The Manuscript contains many things useful to the History , and is in the hands of the Reverend Mr. James Kirktoun , one of the Ministers of Edinburgh , a person well known in Scottish Antiquities . This Walter is an ordinary witness in King Alexander the Second's Charters , under the Designation of Senescallus & Justitiarius Scotia . And as the same Winton mentions , Walter , Stewart and Justiciar of Scotland , was in the year 1238 , sent over to France , to bring Mary Daughter to Ingeram de Coucy , to be Queen to King Alexander . Anno 1241. Obiit Walterus filius Allani junioris . To Walter succeeded his Son Alexander , Stewart of Scotland , frequently so designed in his own and other Charters , Recorded in the Register of Pasley . Fordon mentions him to be killed in the Battle of the Largis in Cunninghame , which he places in the year 1263 , Chron. de Melross 1262 , where the Norwegians were defeated , and ever since banished from any possession of the Isles : he is designed Alexander Stuart of Dundonald , great Grand-child to the first Walter Stuart , and Grandfather of the noble Walter , who married King Bruce's Daughter . Beside the Records of Pasley , many of his Charters are extant , and I have seen one by this Alexander , confirming the Donation which Walter the Father , gave to the Church of St. Andrews of Bromholm , of 20 shilling yearly , to be taken out of the Burgh of Renfrew , with the Seal entire , himself on Horse-back on the one side , and the Checker on the other for his Arms , which the sirname of Stuart do still bear . To him succeeded James , Great Stewart of Scotland , his Son who was one of the Wardens of Scotland , after the death of Alexander the third , and one of these who Treated with Edward the First of England , in relation to the marriage betwixt the Maid of Norway , and King Edward's Son , and in the Competition concerning the Crown , betwixt Bruce , Baliol , and others . As also after Baliol was defeated , & resigned the Crown , he is amongst these whom Prinns History , bears to have given Allegiance to Edward Longshanks , and designed James Seneschall de scoce saluz , &c. A little after 15 die Maij apud Rokesburgh , venit Dominus Ioannes quondam Seneschallus , praedicti Domini Jacobi ` Germanus , miles . And I have a Charter of James Stuart of Scotland , designing himself Son to Alexander Stuart of Scotland , and confirming the Charter formerly mentioned , granted by Alexander Stuart of Scotland his Father , and Walter his Grand-father , his Seal appended , is also entire : he died in the year 1309. At the Battle of Falkirk 1298 , Sir John Stuart designed of Bute , who contended with John Cummine , for leading the Van-guard of the Army , was killed , it seems he was the same person who in the 1296 , in Prinns History , is called frater Germanus , domini Jacobi , and in the absence or restraint of his elder Brother the Stewart of Scotland , acted as Stewart for him : this probably hath been the mistake , why our Historians omitted Iames Stuart of Scotland , Predecessor and God-father to all the King Iames's , and insert John Stuart , to be Father to Walter Stuart of Scotland , who is well known to have been Husband to Marjory Bruce the Kings Daughter , and by her , Father to Robert Stuart , who in the absence of King David Bruce his Uncle , and in Defence of his Title against Edward Baliol , did many brave Actions from the year 1335 , to the year 1338 , when he was chosen Governour of the Kingdom , which he freed from the English and Baliol's claim , and restored it to King David Bruce at his Return from France : this King being afterward taken Prisoner at the Battle of Durham , commonly placed in the year 1348 , was again Governour , till the King returned from England in the 1359 , by the help of his two eldest Sons , John then Lord ▪ Kyle , designed Senescallus de Kyle , afterward King , and Robert , designed Senescallus de Monteith , afterward Duke of Albanie . Maurice Murray , Lord of Bothwel , and Clydsdale and Earl of Strathern , being killed in the Battle of Durham , Robert Stuart of Scotland was created Earl of Strathern ; at the same Battle , John Ranulph Earl of Murray being killed , the Stewart of Scotland , married his Relict Eupham Ross , Daughter to Hugh Earl of Ross , as appears by a Charter granted by Robert , Stewart of Scotland , Earl of Strathern , and Eupham his Spouse , Countess of Murray , to John Maxwel , Predecessor to Sir John Maxwel of Netherpollock , of certain Lands within the Earldom of Strathern , which have of a long time , belonged to the Lairds of Glenagies : John Hadden now of Glenagies , hath the Charter and Lands , an ancient Baron , nobly descended . There is a Charter to the same person of the same Lands , but then designed Sir John Maxwel , by David Earl of Strathern , who was eldest Son of the second Marriage , by the said Countess Eupham , and who got from his Father the said Robert , when he became King of Scotland , the Earldom of Stathern , it being then usual to renew the Investiture or Infeftment , upon the change of the Superior , as well as upon the change of the Vassal : the Charter is dated at Edinburgh May 10. 1372. Coram his testibus , nobilibus viris & potentibus , Domino Joanne , Domini nostri , &c. Regis Scotiae primogenito , Comite de Carrick , & Senescallo Scotiae , Roberto Comite de Fyfe , & Monteith , fratribus nostris charissimis . King Robert confirmed the 25 of April the third year of his Reign the said Charter , by his Son David Earl of Strathern , whom he designed dilectus filius , and amongst the Witnesses to the Charter , is , Joannes Comes de Carrick primogenitus , & Robertus Comes de Fyfe & Monteith , filius noster dilectus , This is a clear acknowledgment , both by the King the Father , and by the Earl of Strathern himself , the eldest Son of Eupham Ross , that the Earls of Carrick and Monteith , were his elder Brothers , but of this , Sir George Mackenzie hath already said very much , and more Proofs do dayly occur , to rectifie this universal mistake of our Historians , which , together with the Description of that ancient Family ▪ and the Family of Darnly and Lennox , and other great Branches descended thereof , deserve a particular Treatise . I shall only repeat , that Fordon in his Chronicle lib. 14 pag. 73 , inserts a Charter of Confirmation of the Popes Bull , granted by King David Bruce to the Bishops , with the consent of Robert Earl of Strathern his Nephew , giving power to Bishops , to dispose in Testament upon their own Moveables : in which Charter , the Witnesses are Robertus Senescallus Comes de Strathern , Nepos noster , Ioannes Senescallus Comes de Carrict , filius suus primogenitus & haeres , &c. before all the other Earls , which is an Attestation of the Grand-uncle King David , owning the Earl of Carrick to be his Fathers eldest Son in this matter of Importance : and there are two Declarations in Parliament concerning the Succession of the Crown , whereof one of them is extant with the Seals of the Nobility , by Robert Earl of Strathern after he was King , the one the first , and the other the third year of his Reign , asserting the Earl of Carrick to be his eldest Son , and to succeed him in the Kingdom , for proving that this Robert Stuart the first King , was Grandchild to James , Stewart of Scotland , there is a Charter recorded in the publick Register of Charters , by the same King Robert , the first year of his Reign , to Sir Adam Fullertoun , of the Lands of Fullertoun and others , confirming the Charters granted by himself , when Stewart of Scotland , and by his Grand-father James , Stuart of Scotland , to Sir Adam Fullertoun : this Sir Adam Fullertoun was Predecessor to William Fullertoun now of the Ilk in Kyle-stewart , of these Lands . CHAP. XVII . LENNOX . ALong the other Bank of Clyde , above Glasgow , runneth forth Leviana , or Lennox , northward , among a number of Hills close couched one by another , having that name of the River Levin , which Ptolomy calleth Lelanonius , and runneth into Clyde out of Loch-Lomund , which spreadeth it self here under the Mountains , twenty Miles long and eight Miles broad , passing well stored with variety of Fish : but most especially with a peculiar Fish that is to be found no where else , ( they call it Pollac ) as also with Islands , concerning which , many Fables have been forged , and those rife among the common people . As touching an Island here that floateth and waveth too and fro , I list not to make question thereof . For what should let , but that a lighter Body , and spongeous withal in manner of a Pumice-stone , may swime above the water ? And Pliny writeth , how in the Lake Vadimon , there be Islands full of Grass , and covered over with Rushes and Reeds , that float up and down . But I leave it unto them that dwell nearer unto this place , and better know the nature of this Lake , whether this old Distichon of Necham be true or not Ditatur fluviis Albania , saxea ligna Dat Lomund multa frigiditate potens . With Rivers Scotland is enrich'd , And Lomund there a Lake So cold of nature is , that Sticks It quickly Stones doth make . Round about the edge of this Lake there be Fishers Cottages , but nothing else memorable , unless it be Kilmaronock , a proper fine house , sometimes of the Earls of Glencairn , ( which they had by the Marriage with the Heiress of Dennistoun ) the east side of it , which hath a most pleasant Prospect into the said Lake . But at the confluence where Levin emptieth it self out of the Lake into Clyde , standeth the old City called Al-Cluyd . Bede noteth , that it signified ( in whose Language I know not ) as much as The Rock Clyde . True it is , that Ar-cluyd signifieth in the Brittish tongue , upon Clyde , or upon the Rock ; and Clyde in ancient English , sounded the same that a Rock . The succeeding Posterity called this place Dunbritton , that is , The Britans town , ( and corruptly by a certain transposition of letters , Dubarton ) because the Brittains held it longest against the Scots , Picts , and Saxons ; for it is the strongest of all the Castles in Scotland by natural situation , towring up on a rough , craggy , and two-headed Rock , at the very meeting of the Rivers in a green Plain . In one of the Tops or Heads abovesaid , there standeth up a lofty Watch-tower , or Keep : on the other , which is the lower , there are sundry strong Bulwarks : between these two Tops on the north side , it hath one only Ascent , by which hardly one by one can pass up , and that with a labour by Degrees or Steps , cut out aslope traverse the Rock : In stead of Ditches on the west side , serveth the River Levin ; on the south , Clyde ; and on the east a boggy Flat , which at every Tide is wholly covered over with Waters ; and on the north side , the very upright steepness of the place , is a most sufficient defence . Certain Remains of the Brittains , presuming of the natural strength of this place , and their own man-hood , who , as Gildas writeth , gat themselves a place of Refuge in high Mountains and Hills , steep and naturally fenced , as it were with Rampires and Ditches , in most thick Woods and Forrests , in Rocks also of the Sea , stood out and defended themselves here , after the Romans departure , for three hundred years , in the midst of their Enemies . For in Bedes time , as himself writeth , it was the best fortified City of the Brittains . But in the year 756. Eadbert King of Northumberland , and Oeng King of the Picts , with their joint Forces , enclosed it round about by Siege , and brought it to such a desperate Extremity , that it was rendred unto them by Composition . Of this place , the Territory round about it , is called the Sheriffdom of Dunbarton , and hath had the Earls of Lennox this long time for their Sheriffs , by Birth-right and Inheritance . As touching the Earls of Lennox themselves , to omit those of more ancient and obscure times , there was one Duncan Earl of Lennox , in the Reign of Robert the Third , who died , and left none but Daughters behind him : of whom one was married to Allan Stuart , descended from Robert , a younger Son of Walter the Second of that Name , High Stewart of Scotland , and Brother likewise to Alexander Stuart the Second , from whom the noblest and Royal Race of Scotland hath been propagated . This sirname Stuart was given unto that most noble Family , in regard of the honourable Office of the Stewart-ship of the Kingdom , as who had the Charge of the Kings Revenues . The said Allan had Issue , John Earl of Lennox , and Robert , Captain of that Company of Scottish men at Arms , which Charles the Sixth , King of France , first instituted , in lieu of some Recompence unto the Scottish Nation , which by their Valour had deserved passing well , of the Kingdom of France ; who also by the same Prince , for his vertues sake , was endowed with the Seigniory of Aubigny in Auvergne . Iohn had a Son named Matthew , Earl of Lennox , who wedded the Daughter of James Hamilton , by Marion Daughter to King James the Second ; on whom he begat John Earl of Lennox : he taking Arms to deliver King James the Fifth , out of the hands of the Dowglasses and the Hamiltons , was slain by the Earl of Arran his Uncle on the Mothers side . This John was Father to Matthew Earl of Lennox , who having sustained sundry Troubles in France and Scotland , found Fortune more friendly to him in England , through the favour of King Henry the Eight , considering that he bestowed upon him in marriage his Neice , with fair Lands . By the means of this happy Marriage , were brought into the world Henry and Charles . Henry , by Mary Queen of Scots , had Issue James the Sixth , King of Brittain , by the propitious Grace of the Eternal God born in a most auspicate and lucky Hour , to knit and unite in one Body of an Empire , the whole Island of Brittain , divided as well in it self , as it was heretofore from the rest of the World , and to lay a most sure Foundation of an everlasting Security , for our Heirs and the Posterity . As for Charles , he had Issue one only Daughter Arbella , married to the Earl of Hertford in England , who above her Sex , so embraced the Studies of the best Literature , that therein she profited and proceeded with singular Commendation , and comparable with the excellent Ladies of old time . When Charles was dead , after that the Earldom of Lenox whereof he stood Enfeoffed , was revoked by Parliamentary Authority , in the year of our Lord 1579. and his Uncle by the Fathers side , Robert Bishop of Caithness , had some while enjoyed this Title ( in lieu whereof he received at the Kings hands , the honour of the Earl of March. ) King James the Sixth conferred the honourable Title of Duke of Lennox , upon Esme Stuart , Son to Iohn Lord D' Aubigny , younger Brother to Matthew aforesaid Earl of Lennox , which Lodowick Esme his Son , after him did enjoy . For since the time of Charles the Sixth , there were of this Line , Lords of Aubigny in France , the said Robert before named , and Bernard or Eberdard under Charles the Eighth , and Lewis the Twelfth , who is commended with great praise unto Posterity by P. Jovius , for his noble Acts most valourously exploited in the War of Naples , a most firm and trusty Companion of King Henry the Seventh , when he entered into England , who used for his Emprese or Devise , a Lyon between Buckles , with this Motto , Distantia Jungit : for that by his Means the Kingdoms of France and of Scotland , severed and dis-joined so far in distance , were by a straighter League of friendship conjoyned : likeas Robert Stuart , Lord D' Aubigny of the same Race , who was Marshal of France under King Lewis the Eleventh , for the same cause used the royal Arms of France , with Buckles Or , in a border Gules : which the Earls and Dukes of Lennox have ever since born quarterly with the Arms of Stuart . The Dukes of Lennox were also heretably great Chamberlains of Scotland , and High-Admirals , and had several Regalities , and the Baillerie of Glasgow . The Race of the Earls and Dukes of Lennox aforesaid , being extinct , by the death of Charles Duke of Lennox , and Richmond , Ambassador for King Charles the Second in Denmark , about the year 1672 , his Estate in Scotland did fall to the King by Succession , who bestowed it on his Son Charles , by the Name of Charles , Lennos Duke of Lennox , about the year 1675 , who enjoyeth that honour . Lord George Dowglass , one of the younger Sons of William Marquess of Dowglass , Collonel of the Scottish Regiment , and Mareschal of the Camp in France , thereafter Lieuetenant General in Brittain , was by King Charles the Second , before the year 1677 , created Earl of Dunbarton , whose Son doth enjoy that Title . CHAP. XVIII . STIRLING . UPon Lennox North-eastward , bordereth the Territory of Stirling , so named of the principle Town therein : for fruitful Soll , and numbers of Gentlemen in it , second to no Province of Scotland . Here is that narrow Land or Streight , by which Dunbritton Firth and Edinburgh Firth , piercing far into the Land out of the West and East Seas , are divided asunder , that they meet not one with the other . Which thing Julius , Agricola , who marched hitherto and beyond , first observed ; and fortified this Space between with Garisons , so as all the part of Brittain , on the east and south side was then in possession of the Romans , and the Enemies removed and driven as it were , into another Island , in so much as Tacitus judged right truly , There was no other bound or limit of Brittain to be sought for . Neither verily in the time ensuing , did either the Valour of Armies , or the Glory of the Roman name , which scarcely could be stayed , set out the Marches of the Empire in this part of the World farther , although with Inrodes they other whiles molested and endamnaged them . But after this glorious Expedition of Agricola , when himself was called back , Brittain , as saith Tacitus , become for-let , neither was the Possession kept still thus far : for the Caledonian Brittains drave the Romans back as far as to the River Tine : in so much as Hadrian , who came into Brittain in person about the fortieth year after , and reformed many things in it , went no further forward , but gave commandment that the God Terminus , which was wont to give ground unto none , should retire backward out of this place , like as in the East on this side Euphrates . Hence it is that S. Augustine wrot in this wise : God Terminus , who gave not place to Jupiter , yielded unto the will of Hadrianus , yielded to the rashness of Iulian , yielded to the necessity of Jovian , in so much as Hadrian had enough to do , for to make a Wall of Turff between the Rivers Tine and Esk , well near an hundred Miles southward on this side Edinburgh Firth . But Antoninus Pius who being adopted by Hadrian , bare his name , stiled thereupon Titus Aelius Hadrianus Antoninus Pius , under the conduct of Lollius Vrbicus , whom he had sent hither Lieutenant , repelled the northern Enemies back again beyond Bodotria , or Edinburgh Firth , and that by raising another Wall of Turff , namely , besides that of Hadrianus , as Capitolinus writeth : which Wall , that it was reared in this very place whereof I now speak , and not by Severus ( as it is commonly thought ) I will produce no other Witnesses , than two ancient Inscriptions digged up here ; of which the one fastned in the Wall of an house at Calder , belonging to the Laird of Keir , Chief of the sir-name of Stirling : near to the place where the Wall was built , sheweth how the second Legion Augusta , set up the Wall for the space of three Miles and more : the other , now in the house of the Earl Marshal at Dunnotire , which implyeth , that a Band of the twentieth Legion Victrix raised the Wall three Miles long . But see here the very Inscriptions themselves , as Servatius Riheley a Gentleman of Silesia , who curiously travailled these Countries , copied them out for the Author Camden . IMP. CAESARI T. AELIO HADRIANO ANTONINO . AUG . PIO . P. P. VEXILLATIO LEG . XX. VAL. VIC . F. PER. MIL. P. III. IMP. CAES. TIT. — IO AELIO HADRIANO ANTON . AUG . PIO . P. P. LEG . II. AUG . PER. M. P. III. D. CIX VIS. At Calder where this latter Inscription is extant , there is another Stone also erected by the second Legion Augusta , wherein within a Lawrel Garland , supported by two little Images resembling Victory , are these Letters . LEG . II AVG. FEC . And in a Village called Miniabruch , out of a Ministers house , there was removed this Inscription into a Gentlemans house , which is there new built out of the Ground : D. M. C. JULI . MARCELLINI PRAEF . * COH . I. HAMIOR . But when the northern Nations in the Reign of Commodus , having passed once over the Wall , had made much waste and spoil in the Country , the Emperor Severus repaired this Wall of Hadrian . Howbeit afterwards the Romans brought oft-times the Country lying between under their subjection . For Ninius hath recorded , that Carausius under Dioclesian , strengthened this Wall another time , and fortified it with seven Castles . Lastly , the Romans fenced this place ( when Theodosius the younger was Emperor ) under the conduct of Gallio of Ravenna . Now , saith Bede , they made a Turff Wall , rearing it not so much with Stone as with Turfs , ( as having no cunning Artificer for so great a piece of Work ) and the same to no use , between two Firths or Arms of the Sea , for many miles in length : that where the fense of Water was wanting , there by the help of a Wall , they might defend there Borders from the Invasion of enemies : of which work , that is to say a very broad and high Wall , a man may see to this day , most certain and evident Remains . This Wall began as is generally believed , at the River Aven , that goeth into Edinburgh Firth , and having passed over the River of Carron , reacheth unto Dunbarton : but Bede affirmeth , that it beginneth in a place called Pen-vael , that is in the Picts Language , as much as the head of the Wall ; in the Brittains tongue Pen-Gual , in English Penwalton , in Scottish Cevall : all which names no doubt are derived from Vallum in Latine : and he saith , that place is almost two Miles from Abercurvig or Abercurving ; and it endeth as the common Sort think , at Kirk-Patrick , the native Soil as some write of Saint Patrick the Irish-mens Apostle ) near unto Clyde , according to Bede at Al. cluid ; after Ninius at the City Pen Aloloyt , which may seem all one . Now this Wall is commonly called Grahams Dyke ; either of Graham a Warlike Scot , whose Valour was especially seen when the breach was made through it , or else of the Hill Grampie , at the foot whereof it stood . The Author of Rota Temporum calleth it the Wall of Aber. corneth , that is , of the mouth of the River Corneth : where , in Bedes time , there was a famous Monasterie standing , as he hath recorded , upon English Ground , but near unto that Firth or Arm of the Sea , which in those days severed the Lands of the English and the Picts . Hard by this Wall of Turff , what way as the River Carron crosseth this Sheriffdom of Stirling , toward the left hand are seen two Mounts cast up by mans hand , which they call Duni-pacis that is , Knolls of peace . Near to this place is Kilsyth , which belonged to an ancient Cadet of the Family of the Livingstons , who in the year 1606 , was a Lord of the Session , and his Successor was by King Charles the Second , in the year 1661 , created Viscount of Kilsyth , which Dignity his Son now enjoyeth : ( here the Marquess of Montross obtained a signal Victory . ) And almost two Miles lower , there is an ancient round Building four and twenty Cubits high , and thirteen broad , open in the Top , framed of rough Stone without Lime , having the upper part of every Stone so tenanted into the nether , as that the whole work still rising narrow by a mutual interlacing and clasping , upholdeth it self . Some call this the Temple of God Terminus , others Arthurs-Oven , who father every stately and sumptuous thing upon Arthur . Others again , Julius Hoff , and suppose it to have been built by Julius Cesar. But I would think rather that Julius Agricola built it , who fortified this frontier part , were it not that Ninius hath already informed us , that it was erected by Carausius for a triumphal Arch. For he , as Ninius writeth , built upon the Bank of Carron , a round house of polished Stone , erecting a triumphal Arch in memorial of a victory : he re-edified also the Wall , and strengthened it with seven Castles . The mid space between Duni-pacis and this Building , on the right hand Bank of Carron , there is yet to be discerned a confused face of a little ancient City : where the vulgar people believeth there was sometimes a Road for Ships , who call it Camelot , by a name that is rise in King Arthurs book ; and they contend , but all in vain , to have it that Camalodunum which Tacitus mentioneth . But it would seem rather by the name of the River Carron running underneath , to have been Corta Damniorum , which Ptolomy mentioneth in this Tract . And now take with you that which George Buchanan that excellent Poet , wrot of the limit of the Roman Empire at Carron . Roma securigeris praetendit maenia Scotis , Hic spe progressus posita , Carronis ad undam Terminus Ausonii signat divertia regni . 'Gainst warlike Scots with Axes armed , A mighty frontier Wall The Romans rais'd : and limit there , Which Terminus they call , Near Carron Stream now past all hope More Brittish ground to gain , Marks out the Roman Empires end , Whence they to turn were fain . In this Territory of Stirling on the East side , there sheweth it self Castle Callender , belonging to the Barons of Livingstoun , which with the Lands of Almond , were purchased by James , second Son to Alexander the first Earl of Linlithgow , who by King Charles the First , was created Lord Almond , and then Earl of Callender in the year 1641 , he was Lieutenant General to the Parliaments Army , his Successor by entail is James , Brother Son to George now Earl of Linlithgow : mention hath been made of the Earl of Linlithgow in Lithgow Shire . The Family of the Barons F●●●ing dwelling hard by at Cumbernald , which they received at the hands of King Robert Bruce , for their Service valiantly and faithfully performed in defence of their Country : whereby also they attained unto the hereditary Honour to be Chamberlanes of Scotland : and the favour of King James the Sixth , honoured this House with the Title of Earl of Wigtoun . About the year 1606 , his Predecessor had that Title with the Lordship of Galloway , in the Reign of King David Bruce , which they resigned to the Earl of Dowglass , who , and his Successors , amongst other Titles , were designed Earls of Wigtoun , till the Forefaulture in the Reign of King James the Second , and the Dignity was vacant , till conferred by King James the Sixth as said is : the Heir of this Family is Iohn Earl of Wigtoun . In a place near adjoyning standeth Elphingstoun , which likewise hath his Barons , advanced to that Dignity by King James the 4th . of whom is descended Iohn now Lord Elphingstoun . And where Forth , full of his windings & crooked Cranks , runneth down with a rolling pace , and hath a Bridge over him , standeth Stirling , commonly called Striviling , and Stirling Burgh ; where on the very brow of a steep Rock , there is mounted on high , a passing strong Castle of the Kings , which King James the Sixth beautified with new Buildings , and where of a long time the Lords of Areskine Earls of Marr have been Captains , unto whom the Charge and Tuition of the Princes of Scotland , during their Minority , have been at other times committed . Whereas some there be , that would have the good and lawful money of England , which is called Sterling money , to take the name from hence , they are much deceived : for that Denomination came from the Germans , of their easterly Dwelling termed by English men Easterlings , whom King John of England first sent for , to reduce the silver to the due fineness and purity : and such Monies in ancient writing are ever more found by the name of Easterling . About two Miles hence , the Banock-burn runneth between exceeding high Banks on both sides , and with a very swift Stream in Winter , toward the Forth : a Burn most famous for as glorious a Victory as ever the Scots had , what time as Edward the Second King of England , was put to flight , who was fain to make hard shift , and in great haste and fear , to take a Boat and save his life : yea and the most puissant Army which England had before sent out , was discomfited through the valiant prowess of King Robert Bruce , insomuch as for two years after , the English came not into the Field against the Scots . About Stirling , Ptolomy seemeth to place Alauna , which is either near the little River Alon , that here entreth into the Forth ; or else by Alloway , an house and ordinar Residence of the Areskins , who by Inheritance are the Sheriffs of all this Territory without the Burgh ; but have been of a long time Earls of Marr , from a country in Aberdeen Shire to be described after . The Sheriffship of this Shire belongs to the Earls of Callender . Sir William Alexander was the Kings Lieutenant in Nova Scotia , and had Precedency of all those Baronets : he succeeded Sir Archibald Aitchison as Secretary of State to King Charles the First , and is so designed in the Kings Letter , anent the Baronets November 17. 1629. Amongst the Commissioners for continuing the Parliament August 4. 1631 , is William Viscount of Stirling , principal Secretary , he was created Earl of Stirling anno 1633 , his Heir doth reside in England . To conclude this Chapter , take here a Description of the principal Seal of the Burgh of Stirling , which carries on the one side a Bridge of seven Arches , with a Cross mounted on the the middle , and armed men on each side of the Cross , with this Inscription , Hic armis Bruti , Scoti stant hic Cruce tuti . And on the other side a large strong Castle in a Wood , with this Motto , Continet hoc in se Nemus & Castrum Strivlingnense . Which two Inscriptions they give us in English thus , The Brittains stand by force of Arms , The Scots are by this Cross preserv'd from Harms . The Castle and the Wood of Stirling town , Are in the compass of this Seal set down . Which agreeth well with what Buchanan said , that the River Carron was the Boundary of the Roman Conquests , and Stirling the Limits of the Brittains and Scots . However it be , the Seal and Inscription must be very old , when special notice is taken of a Wood at Stirling , whereof there is but small Remains ; and at this place , doth the River Forth admit of a Bridge , which is the secure Passage betwixt the South and North of Scotland . CHAP. XIX . CALEDONIA . WHatsoever part of Brittain lyeth northward beyond Grahams Dyke , or the Wall of Antoninus Pius before named , and beareth out on both Seas , is called by Tacitus , Caledonia , likeas the people thereof Brittains inhabiting Caledonia . Ptolemy divideth them into many Nations , as Caledonii , Epidii , Vacomagi , &c. who were all of them afterward , for continuing their ancient manner and custom of painting their Bodies , named by the Romans and provincial people , Picts : divided by Ammianus Marcellinus into two Nations , the Dicalidones and Vecturiones : howbeit in the approved and best Writers , they go all under the name of Caledonians ; whom I would think to have been so called of Kaled , a Brittish word that signifieth Hard , and in the plural Number maketh Kaledion , whence the word Caledonii may be derived , that is to say , hard , rough , uncivil , and a wilder kind of people , such as the northern Nations for the most part are ; who by reason of the rigorous cold of the Air , are more rough and fierce , and for their abundance of Blood , more bold and adventurous . Moreover , beside the position of the Climat , this is furthered by the nature and condition of the Soil , which riseth up all throughout , with rough and rugged Mountains ; and Mountainers , verily all men know and confess to be hardy , stout , and strong . But whereas Varro alledgeth out of Pacuvius , that Caledonia breedeth and nourisheth men of exceeding big Bodies , I would understand the place rather of Caledonia the Region of Epirus , than this of our ; although ours may also justly challenge unto it self this commendation . Among this was the Wood Caledonia , termed by Lucius Florus , Saltus Caledonius , that is , the Forrest of Caledonia , spreading out a mighty way , and impassible by reason of tall Trees standing so thick , divided also by Gramp Hill , now called Granizbain , that is , the crooked bending Mountain . That Vlysses arrived in Caledonia , ( saith Solinus ) appeareth plainly by a votive Altar , with an Inscription in Greek letters ; but I would judge it to have been rather erected to the honour of Vlysses , than reared by Vlysses himself . Martial the Poet likewise in this Verse , maketh mention of Caeledonian Bears , Nuda Caledonio sic pectora praebuit urso . Thus yielded he his naked Breast , To Bear of Caledonian Forrest . Plutarch also hath written , that Bears were brought out of Brittain to Rome , and had there in great admiration ; whereas notwithstanding Brittain for these many Ages past , hath bred none . What Caledonian Monster that should be , whereof Claudian wrote thus , — Caledonio velata Britannia monstro , With Monster Caledonian Brittain all attir'd To tell you truth , it is uncertain , that it nourished in times past , a number of white wild Bulls , with thick Mains in manner of Lyons , ( but in these days few ) and those very cruel , fierce , and so hateful of Mankind , that for a certain time they abhorred whatsoever they had either handled or breathed upon : yea , they utterly scorn the forcible strength of Dogs ; albeit Rome in times past , wondered at the fierceness of Scottish Dogs , that it was thought there , they were brought thither within Iron Grates and Cages . But this term and name Caledonii grew so rise with Roman Writers , that they used it for all Brittain , and for all Woods of Brittain whatsoever . Hereupon Lucius Florus writeth , that Caesar followed the Brittains unto the Caledonian Woods , and yet he never saw them in his life : hence also Valerius Flaccus writeth thus to Vespasian the Emperor , — Caledonius postquam tua carbasa vexit Oceanus : that is , the Brittish Ocean . Hence likewise it is , that Statius versified thus unto Crispinus , Son of Vectius Volanus Proprietar of Brittain , about the time of Vitellius . Quanta Caledonios attollet gloria campos , Cum tibi longavus referet trucis incola terrae ? Hic suetus dare jura parens , hoc cespite turmas Affari , ille dedit , cinxitque haec moenia fossâ : Belligeris haec dona deis , haec tela dicavit , Cernis adhuc titulos : hunc ipse vacantibus armis Induit , hunc regi rapuit thoraca Britanno . How much renowned shall the fields Of Caledonia be ? When as some old Inhabitant Of that fierce Land to thee Shall in these Terms report and say ? Behold , thy Father oft Was wont in judgment here to sit : Upon this Bank aloft To th'armed Troups to speak ; also 'T was he that wall'd this Fort , That built thus strong , and it with Ditch Entrenched in this sort . By him to gods of War , these Gifts And Arms were consecrate , The Titles ( lo ) are extant yet ; Himself this brave Brest-plate In time of Battle did put on , This Cuirace finally , In Fight he pluckt by force of Arms From King of Brittainny . But in these , and in other things I may say , Crescit in immensum facunda licentia vatum . Poetical licence is boundless . For neither Caesar , nor Volanus so much as ever knew the Caledonians . In Plinies time as himself witnesseth , thirty years almost after Claudius , the Romans with all their warlike Expeditions , had discovered no farther in Brittain , than to the Vicinity of the Caledonian Wood. For Julius Agricola under Domitian , was the first that entered Caledonia : whereof at that present , Galgac was Prince , ( who is named Galauc ap Liennauc in the Book of * Triplicites , among the three Worthies of Brittain ) a man of a mighty Spirit and stout Stomack : who having put to flight the ninth Legion , in exceeding heat of Courage , joyned Battle with the Romans , and most manfully defended his Country so long , until Fortune rather than his own Valour , failed him : for then , as he saith , These northern Brittains , beyond whom there was no Land , and beside whom none were free , were the utmost Nation verily of this Island : like as Catullus called the Brittains the utmost of all the World , in that Verse unto Furius , Caesaris visens monumenta magni , Gallicum Rhenum , horribiles & ultimosque Britannos . Great Caesars Monuments to see In his Memorial , The Rhene in Gaul , and Brittains grim , The farthest man of all . In the days of Severus ▪ as we read in Xiphilinus , Argetecox a petty Prince , reigned over this Tract ; whose Wife being rated and reviled as an Adulteress by Julia the Empress , frankly and boldly made this answer : We Brittain Dames have to do with the bravest and best men , and you Roman Ladies with every lewd base Companion secretly . The Author Camden is at great pains to perswade , that the Walls were built betwixt the two Firths of Edinburgh and Dunbartoun , and the Actions in these places had by the Romans , was against native Brittains passing under different names by Ptolomy , and other names by Ammianus Marcellinus , and the Country by Tacitus , called Caledonia , and the People by the approved and best Writers called Caledonians , and in aftertimes by the Romans and Provincial Brittains called Picts . But he will by no means , allow the Scots to be comprehended under these Northern unconquered Nations , who made Opposition to the Romans , and to pass under the name of the caledonians , and others as he owns the Picts were : albeit there is the same Authority to join the Scots with the Picts in these Martial Feats against the Romans , from the Latine Authours themselves , and from Gildas and Bede the most ancient Brittish and Saxon Writers , who join the Scots and Picts in these Actions : and that the Seas which the Roman Enemies were driven over , were the Firths of Edinburgh from the East , and of Dunbartoun from the West , and not over the Sea to Ireland , which made some late Writers imagine , against the express Opinion of Bede , that the Scots during these times , were not setled Inhabitants in Brittain , but only as Auxiliaries to the Picts , made Incursions from Ireland which they inhabited , and were beat back over the Seas to Ireland . But in Vindication of the ancient settlement of the Scots in Brittain , before the Romans and Saxons came to fix their Residence in this Island , and their early Conversion to the Christian Religion : much hath been said in these Books published by Sir George Mackenzie , in the year 1685 , in Answer to the Bishop of St. Asaph and Dr. Stillingfleet , to which the Reader is referred . There is also now in the Press , the Manuscript of the judicious and learned Mr. Thomas Craig Advocat , to justifie the Soveraignty of the Crown of Scotland , and the Independncy of its Church from the See of York . CHAP. XX. FIFE . IN this large Country of the Caledonians , beyond the Territory of Stirling before mentioned , are two Countries or Sheriffdoms of less note ; Clackmannan , over which a Knight sirnamed Monteith of Carsse ; and Kinross , over which the Earls of Mortoun were Sheriffs . The Sheriffship of the first , viz. Clackmannan , was purchased by Bruce of Clackmannan , and the Lands and Sheriff-ship of Kinross , by Sir William Bruce . Fife , a most goodly Country , wedged as it were between the two Arms of the Sea , Forth and Tau , shooteth out far into the East . This Land yieldeth plenty of Corn and Forrage , yea and of Pit Coals : the Sea , besides other Fishes , affordeth Oysters and and Shell-fish in great abundance , and the Coasts are well bespread with pretty Townlets , replenished with stout and lusty Mariners . In the south side hereof by Forth , first appeareth westward Culross , which gave the Title of a Barony to Sir I. Colvil , created Lord Colvil of Culross , about the year 1604 , and is the last in the Decreet of Ranking , except the Lord Scoon ; his Father was a Lord of the Session and Commendator of Culross ; and King Charles the Second , when in Scotland , created Sir Robert Colvil of Cleish , Lord Colvil , his Successor is Robert Lord Colvil . Near to Culross , to the north-west is Kincardine , whereof Edward Bruce of Carnock , was created Earl by King Charles the First , anno 1648 , his Brother Alexander succeeded him in his Dignity , who was one of the Commissioners of the Thesaury to King Charles the Second , his Son is Alexander Earl of Kincardine , Culross , and these places adjacent , albeit surrounded with Fife and Clackmannan , yet make a part of the Shire of Perth . Then standeth Dumfermling , a famous Monastery in old time , both the Building and Burial place of King Malcolm the Third , which gave both name and honour of an Earl unto Sir Alexander Seton a most prudent Counsellor , whom James King of Great-Brittain , worthily raised from Baron of Fivie , to be Earl of Dumfermling , and Lord Chancellor of the Realm of Scotland : of the Succession of this Earl , mention is made in the Description of the Family of Seton in East - Lothian . Then Kinghorn standeth hard upon the Forth , from which place Sir Patrick Lyon Baron Glames , received at the bountiful Hand of K. James the 6th , the Title and honour of an Earl , anno 1606. After this there is upon the Shore Dysert , situat on the rising of an Hill , from whence there lyeth an open Heath of the same name , where there is a good large place which they call the Cole-plot , that hath great plenty of an earthy Bitumen , and partly burneth to some damnage of the Inhabitants . William Murray of the Bed-chamber of the Family of Tullibardine , was by King Charles the First , created Earl of Dysert , whose Daughter and Heiress Elizabeth , Countess of Dysert , is Dutchess of Lawderdale , by Marriage with John late D. of Lawderdale : and by a former Marriage , her Son Sir Leonald Talmash L. Huntingtour residing in England , is to succeed her as Earl of Dysert . Her second Son of that Marriage , was Thomas Talmash , who attended his Majesty in his Expedition to Brittain , in the year 1688 , who for his Valour in the Wars , and Reduction of Ireland , was advanced to be General Major , and thereafter Lieutenant General : which Office he did worthily discharge in Flanders , and in the Summer 1694 , being chief Commander in the Attempt upon Brest , was unfortunatly wounded , whereof he died after his landing in England . Unto it adjoineth Ravens-Heugh , as one would say , the steep hill of Ravens , the Habitation of the Barons Sinclar , whose Successor is Henry Lord Sinclar . Above it the River Levin hideth himself in the Forth : which River running out of the Lake Levin , wherein standeth the Castle of the Dowglasses , which belonged to the Earls of Mortoun . Sir Alexander Lesly General of the Scots Forces , was by K. Charles the 1st , created Earl of Levin anno 1641 , whose Successor is David now Earl of Levin , second Son to George Earl of Melvil , begotten on Lady Katherine Leslie , Grandchild and Heiress to the said Earl of Levin : which River , hath at the very mouth of it Weyms Castle , the Seat of a noble Family , bearing the same sirname . The Laird of Weyms is in the Rolls of Parliament 1617 , one of the Commissioners for the Shire of Fife ; he was thereafter made Lord Weyms , and in the Parliament Rolls 1633 , is ranked after the Lord Newburgh , and before Ashtoun of Forfar , and in the same year created Earl of Weyms , whose Grandchild Margaret now Countess of Weyms , was married to Sir James Weyms , who by K. Charles the 2d . was made Lord Burntisland , from a Burgh Royal of the same Shire , and hath a Son Lord Elcho to succeed her in that Dignity . From hence the Shore draweth back with a crooked and wiuding Tract unto Fife-ness , that is , the Promontory or Nose of Fife . Above it Saint Andrews , an Archiepiscopal City , hath a fair Prospect into the open main Sea : the more ancient name of the place as old Memorials witness , was Regimund , that is , Saint Regulus Mount : in which we read thus , Oeng or Vng King of the Picts , granted unto God and Saint Andrew , that it should be the chief and mother of all Churches in the Picts Kingdom . Afterward there was placed here an Episcopal See , the Bishops whereof like as all the rest within the Kingdom of Scotland , were consecrated by the Arch-bishop of York , ( as is asserted by the English Historians ) until at the Intercession of King Iames the Third , by reason of so many Wars between the Scottish and English men . Pope Sixtus the fourth , ordained the Bishop of Saint Andrews to be Primat and Metropolitan of all Scotland ; and Pope Innocentius the eighth , bound him and his Successors to the imitation and precedent of the Metropolitan of Canterbury , in these words : That in Matters concerning the Archiepiscopal state , they should observe and firmly hold the Offices , Droits , and Rights of Primacy , and such like Legacy ; and the free Exercise thereof , the Honours , Charges , and Profits : and that they should endeavour to perform inviolably the laudable Customes of the famous Metropolitan Church of Canterbury , the Arch-bishop wherewhereof is Legatus natus of the Kingdom of England , &c. Howbeit before that , Laurence Lundoris and Richard Corvel ▪ Doctors of the Civil Law , publickly professed here good Literature , laid the Foundation of an University : which now , for happy increase of Learned men , for three Colledges and the Kings Professors in them , is become highly renowned . Hard by there loseth it self into the Sea Edan , or Ethan , a little River which springeth up near Falkland ( a place from which Carry an English man , had the Designation of Viscount from King James the Sixth , and is so marked in the Rolls of Parliament 1621 ; his Successor is Anthony Viscount of Falkland , a Member of the House of Commons in the current English Parliament , ) it belonged anciently to the Earls of Fife , and was a retiring place of the Kings , when residing in Scotland , and is very well Seated for hunting Pleasures , and Disports ; sometimes it was reckoned amongst the Burghs Royal , and is the Seat of the Stewartry of Fife ; this River hath its Course under a continued Ridge of Hills , which divide this Country in the midst , by Struthers ( a place so called of a Reed plot ) a Castle of the Barons Lindsey of whom is descended Iohn Lord Lindsey , created by King Charles the First , anno 1633 , Earl of Lindsey . And in anno 1641 , was Lord High Thesaurer , and after the Forfaulture of Lodowick Earl of Crawford , and by vertue of a former Entail , the Honour , Dignity and Precedency of the Earl of Crawford , was declared in Parliament to belong to him and his Successors , and since ratified in Parliament anno 1661 ; he was by King Charles the Second , restored to be Thesaurer , from which Office he had been removed in the year 1649 : his Son William now Earl of Crawford , was President of the Parliament 1689 , and 1690 , and one of the Commissioners of the Thesaury : the secondary Title belonging to his eldest Son , is Lord Lindsey . Eden also runneth by Cowper a notable Burgh , where the Sheriff sitteth to minister Justice . Now where the shore turneth inward a Front northward , hard by the Salt water of Tau , there flourished in old time two goodly Abbeys , Balmerinoch , built by Queen Ermengard , Wife to King William , Daughter of Viscount Beaumont in France . King James of Great Brittain , advanced Sir James Elphingston of Barntoun , to the honour of Baron Balmerinoch , about the year 1604 , being mentioned in that Parliament , one of the Commissioners for the Union with England : he is placed in the Decreet of Ranking , after the L. Abercorn , and before the L. Tullibardine ; he was a Lord of the Session , & Secretary & thereafter succeeded to the L. Fyvie to be President of the Session , anno 1605 , whose Grand-child is John L. Balmerinoch . The other Abbey is that of Lindoris , Founded among the Woods by David E. of Huntingtoun , & is the Barony of Sir Patrick Lesly created L. Lindoris about the year 1604 , and placed in the Decreet of Ranking immediatly after the Lord Roxburgh , and before the Lord Lowdoun , his Successor is Iohn Lord Lindoris . Between which standeth Banbrich , the Habitation of the Earl of Rothes , strongly built Castle-wise . Near to these places on the Confines toward Perth-shire , is Balvaird , which belongs to the Murrays , ancient Cadets of the Lairds of Tullihardine : their Successor was created L. Balvaird by K. Charles the 1st . after the year 1641 , his Grand-child hath succeeded to the Dignity of Lord Scoon , and Viscount Stormonth by entail , Sir David Murray the first Lord and Viscount , being a younger Brother of the Laird of Balvaird . The Governour of this Province , like as of all the rest in this Kingdom , was in times past a Thane , that is in the old English tongue , The Kings Minister : as it is also at this day in the Danish Language : but Malcolm Canmore made Macduff who before was Thane of Fife , the first hereditary Earl of Fife ; and in consideration of his good desert and singular service done unto him , granted that his Posterity should have the Honour to place the King , when he is to be Crowned in his Chair , and to lead the Vant-guard in his Army ; and if any of them should happen by casualty to kill either Gentleman or Commoner , to buy it out with a piece of Money . Not far from Lindoris , there is to be seen a Cross of Stone , which standing for a limit between Fife and Strathern , had an Inscription of barbarous Verses , and a certain priviledge of Sanctuary , that any Manslayer Allied to Macduff Earl of Fife , within the ninth Degree , if he came unto this Cross , and gave nine Kine with an * Heifer , should be quit of Manslaughter . When his Posterity lost this Title and Priviledge , is uncertain ; but it appeareth , that King David the Second , gave unto William Ramsey this Earldom , with all and every the Immunities and Law , which is called Clan-Mac-Duff : and received it is for certain , that the Linage of the Weymesses and Dowglasses , yea and that great Kindred Clan-Hatan , the Chief whereof is Mac-Intoshech , descended from them . And the most learned Sir John Skeen of Currie-hill Clerk of Register , in his Treatise de verborum significatione , informs , that by an Indenture at Perth the penult day of March 1371 , betwixt Robert Stuart Earl of Monteith , and Dame Isabel Countess of Fife , Daughter and Heir to Duncan Earl of Fife . The Countess is obliged to resign her Earldom in the Kings hands , in favours of the said Earl for new heretable Infestment thereof to be given to him ; which Earl being afterwards designed of Fife and Monteith , was thereafter Duke of Albany , and affecting the Kingdom , with cruel Ambition , caused David the Kings eldest Son to be most pitifully famished to death , which is the highest extremity of all misery . But his Son Murdac suffered due punishment for the Wickedness both of his Father , and his own Sons , being put to death by King James the First for their violent Oppressions , and a Decree passed , that the Earldom of Fife should be united unto the Crown for ever . But the Authority of the Sheriff of Fife belongeth in right of Inheritance , to the Earl of Rothes , the Heir of which Family , was Iohn Earl of Rothes : who after he was High Commissioner for King Charles the Second to the Parliament , and Conventions of Estates , and enjoyed several other honourable and profitable Employments , was made Chancellor anno 1668 , in which Office he continued till his death , in anno 1681 , and was shortly before created Duke of Rothes : which Dignity is extinct , by default of Heirs male of his Body , but his eldest Daughter Margaret Countess of Rothes , being married to Charles Earl of Haddingtoun , hath Iohn Lord Leslie , who is to succeed in the Dignity of the Earl of Rothes , and Thomas who hath succeeded his Father in the Dignity of the Earl of Hadingtoun . Since Printing of the former Edition , several Lords were created in this Shire , some whereof have already been mentioned , and also others to be mentioned , viz. Sir Michael Balfour of Balgarvie by K. James the 6th , created L. Burghlie July 16 , 1607 , whose Successor is John Lord Burghlie . And by the same King , Sir Robert Melvil , first of Murdocairny , and thereafter of Burntisland , who had been Thesaurer Deput , and Thesaurer , before the year 1592 , and an extraordinar Lord of Session anno 1594 , was created Lord Melvil about the year 1617 , to whom succeeded Robert his Son : he is ranked in the Parliament 1633 , after the Lord Deskford and before Carnegie , and is amongst the Commissioners for holding that Parliament , who had been admitted an extraordinar Lord of Session upon the dimission of his Father , and then by entail , the honour fell to the Laird of Raith , descended of the eldest Brother , and the only Male representative of the ancient Family of the Melvils : George Lord Melvil his Son , is the 4th . Lord , who was sole Secretar of State to , and created by Their Majesties Earl of Melvil , Lord High Commissioner to the second and third Sessions of this current Parliament 1690 , and now Lord Privy Seal : his Son Alexander Lord Raith , was constitute Thesaurer Deput anno 1689. Mr. John Lindsey of Belcarras , was a Lord of the Session , and one of the Octavians of the Thesaury , & Secretary before K. Ja. his Succession to the Crown of England : his Grand-child Alexander about the year 1633 , was created Lord Belcarras by King Charles the First , and afterward Earl of Belcarras by King Charles the Second when in Scotland : his Son is Colin Earl of Belcarras . The Viscount Fentoun , of whom before , was created by King James the Sixth about the year 1617 , Earl of Kelly , and is in the Rolls of Parliament 1621 , next after the Earl of Roxburgh , and before Buckcleugh , whose Successor is Alexander Earl of Kelly . Sir John Living stoun of Kinnaird Baronet , was by K. Charles the First , made Lord Newburgh , and Earl of Newburgh by King Charles the Second , whose Male Successor is deceased lately in England , without Issue Male. Sandilands Laird of St. Minnans , was by King Charles the First , advanced to the Title of L. Abercromby , in the year 1648 , whose Honour is not now claimed by any . Lieutenant General David Lesly , Son to the Lord Lindoris , was created by King Charles the Second , Lord New-warkî he had been Lieutenant General to the Scots Army , and at Philiphaugh , surprised and defeat the Marquess of Montross : he was General of the Army at Dumbar and Worcester : his Son being deceased without Heirs Male , the Grand . child is married to Mr. Alexander Anstruther , a younger Son of Sir Philip Anstruther of that Ilk. Beside the Burghs Royal mentioned in this Shire , there are also others , viz. Innerkeithing , Kirkaldy , Anstruther Easter , and Wester , Pitttenweem , Crail and Kilrenny , all lying on Forth from the West to the East . CHAP. XXI . STRATHERN . AS far as to the River Tau , which Boundeth Fife on the North-side , Julius Agricola , the best Proprietar of Brittain under Domitian the worst Emperour , marched with victorious Armies in the third year of his warlike Expeditions , having wasted and spoiled the Nations hitherto . Near the out-let of Tau , the notable River Ern intermingleth his Waters with Tau : which River beginning out of a Lake or Loch of the same name , bestoweth his own name upon the Country through which he runneth , for it is called Strathern , which in the ancient Tongue of the Brittains , signifieth the Vale along Ern. The Bank of this Ern is beautified with Drymein Castle , belonging to the Family of the Barons of Drummond , advanced to highest Honours , ever since that King Robert Stewart the third ; took to him a Wife out of that Linage : for the Women of this Race , have for their singular Beauty , and well favoured sweet Countenance , won the prize from all others , insomuch as they have been the Kings most amiable Paramours . Baron Drummonds Successor was created by King James the Sixth , Earl of Perth about the year 1605 , and so designed from the head Burgh of the Shire : of whom is descended James now Earl of Perth : his great Grand-child , who was an extraordinar Lord of the Session , Justice General , and Chancellor to K. Ch. the 2d . & K. Ja. the 7th . James a Son of this Family , was created by K. Ia. the 6th . Lord Maderty , and is in the Rolls of Parliament 1617 , after the Lord Garlies , and before the Lord Kintail , whose Successors second Son L. General William Drummond , was by King James the Seventh , about the year 1686 , created Viscount of Strathallan , to whom his Son William now Viscount of Strathallan succeeded , and also is Heir to his Uncle the Lord Maderty . Upon the same Bank , Tullibardine Castle sheweth it self aloft , but with greater jollity , since that by the propitious favour of King James the Sixth , Sir John Murray created Baron of Tullibardine , before the Lords Colvil and Scoon , was raised to the Honour and Estate of Earl of Tullibardine anno 1606. By an unprinted Act anno 1612 , there is a Ratification to the Master of Tullibardine of the Lands of the Earldom of Athol , who was the Earl of Tullibardines eldest Son , ( Earls eldest Sons at that time , being designed Masters and not Lords ; ) this Master , afterward William Earl of Tullibardine , having married the Heiress of Stuart Earl of Athol , his Son John succeeded to the Dignity of Earl of Athol , and his Uncle Sir Patrick Murray by Resignation , became Earl of Tullibardine , whose Son James Earl of Tullibardine dying without Issue , his Estate and Dignity fell to his Cousin Iohn Earl of Athol , Son to the Earl of Athol before named , who liveth , and was to King Charles the Second , Lord Justice General , and thereafter Lord Privy Seal ; and extraordinar Lord of the Session , and before the year 1677 , created Marquess of Athol ; he retains the sirname of Murray , and carries , the Arms of Stuart Earl of Athol quartered . Upon the other Bank , more beneath Duplin Castle , sometime the Habitation of the Barons Oliphant , reporteth yet what an overthrow ( the like to which was never before ) the English men that came to aid King Edward Balliol , gave there unto the Scots ; insomuch as the English Writers in that time do write , that they won this Victory not by mans hand , but by the power of God : and the Scottish Writers relate , how that out of the Family of the Lindseys , there were slain in the Field fourscore persons , and that the name of Hays had been quite extinguished , but that the chief of that House left his Wife behind him great with Child . The Precedency of Oliphant is transmitted to Dowglass Lord Mordingtoun as Heir of Line , of whom before : and Charles Lord Oliphant , residing in the Shire of Bamff , as Heir-male , doth also claim the Precedency . The Lands of Duplin were purchased by Sir George Hay of Kinfauns , a Lord of the Session , and Clerk of Register , and thereafter in the year 1622 , made Lord Chancellor : September 25 1629 George Viscount Dupline is one of the Commissioners for holding of the Parliament : in a Roll of the Nobility about that time , he is ranked last Viscount , after the Viscount of Drumlanrig , and in anno 1632 , created by King Charles the First Earl of Kinnoul , to whom he continued Chancellor till his death , and was succeeded by John Spotswood Arch-Bishop of St. Andrews , the Earl of Kinnoul his Successor resides in England . Not far from it standeth Innermeth , well known by reason of the Lords thereof , the Stuarts out of the Family of Lorn : this Dignity at present is claimed by none . Inch Chafra , that is in the old Scottish tongue , the Isle of Masses , hereby may be remembered when as it was a most famous Abbey of the Order of Saint Augustine , founded by Gilbert Earl of Strathern , about the year 1200. When Ern hath joined this Water with Tau in one Stream , so that Tau is now become more spacious , he looketh up to Abernethy seated upon his Bank , the Royal Seat in old time of the Picts , and a well peopled City : which , as we read in an ancient Fragment , Nectane King of the Picts gave unto God and St. Brigid until the day of Doom , together with the bounds thereof , which ly from a stone in Abertrent , unto a stone near to Carfull , that is , Loghfoll , and from thence as far as to Ethan . But long after , it became the possession of the Dowglasses Earls of Angus , who are called Lords of Abernethy , and there some of them ly entered . Malisse Earl of Strathern , in the time of King Henry the Third of England , married one of the Heirs of Robert Muschamp , a potent Baron of England . Long afterward Robert Stuart about the year 1360 , was E. Then David a younger Son of K. Robert the 2d . whose only Daughter given in Marriage to Patrick Graham , b●gat Mailise or Melasse Graham , from whom King James the First took away the Earldom as Escheated ; after that , he understood out of the Records of the Kingdom , that it was given unto his Mothers Grand-father , and the Hirs Male of his Body . This Territory , the Barons Drummond , Earls of Perth , govern hereditarly by Seneschals Authority , as their Stewartries ; as the Lords of Doun ( now Earls of Murray ) are hereditary Stewarts of the Jurisdiction of Monteith . Monteith hath the name of Teith , a River which also they call Tai●h , and thereof this little Province they term in Latine Taichia ; upon the Bank of which lyeth the Bishoprick of Dumblain , which King David the first of that Name erected . Sir Thomas Osburn Thesaurer of England , was by King Charles the Second , before the year 1677 , created Viscount of Dumblain , who is now Duke of Leeds in England , and President of the Council : the Dignity was conveyed to Peregrine his 2d . Son , who now by the death of his elder Brother , is Marquess of Carmarthan . The Laird of Dincrub , was by King Charles the Second when in Scotland , created Lord Rollo from his sir-name , whose Successor is Andrew Lord Rollo . At Kilbride , that is Saint Brigids Church , the Earls of Monteith had their principal House , or Honour . This Monteith reacheth unto the Mountains , that enclose the East-side of the Loch or Lake Lomund . The ancient Earls of Monteith were of the Family of Cumming , which in times past being the most spread and mightiest House of all Scotland , was ruinated with the over-weight and sway thereof : but the later Earls were of the Grahams Line , ever since that Sir Mailise Graham attained to the Honour of an Earl. The Author beginneth the Description of the Grahams of Monteith , before the Grahams of Montross , it seems in regard they did first attain to the Degree of Earls . William Earl of Monteith descended of these Earls , was by King Charles the First made President of his Council : and being served Heir to David Earl of Strathern , who was Son to King Robert the first of the Stuarts , was by Patent from that King , Ratified and Approven in his Title and Dignity of Earl of Strathern . April 13. 1632 , amongst the Commissioners for holding the Parliament , is William Earl of Strathern , President of the Council , ranked before the L. Privy Seal ; it is reported , that being vain of the Title of Strathern , joyned with the general error of Historians , of David Earl of Strathern's being a Son of the first Marriage of King Robert the Second , a Decreet of Reduction and Improbation was obtained at the Instance of Sir Thomas Hope of Craighall , Barroner , Kings Advocat , and that Earl and his Successors appointed to use in time coming , the Title of Earl of Monteith , or Airth : His Grand-child , William Earl of Monteith lately deceased , did convey his Estate and Dignity to the Marquess of Montross , descended of the same Stock of Grahams at Kincardine not far off , who had many noble and valiant Progenitors ; and in late times , Iohn Earl of Montross , Chancellor to King James the Sixth was the first , who as Great or High Commissioner , did represent the Kings person in the Parliament 1604 , as distinguished from several Noblemen and Gentlemen , appointed Commissioners by the King under the quarter Seal , to meet at the Dyet of Parliament , and to continue the same to a furder time , and to see the Solemnities constituting the Parliament performed , the first day of its sitting ; which Form was constantly observed , till the year 1640. This Earls Grand-child James , was famous in the late Wars in Scotland , and was created Marquess by King Charles the first : George Wishart Dr. of Divinity , and afterward Bishop of Edinburgh , did write his Actions ; his Great Grand-child is James Marquess of Montross . Near these places is the Abbacy of Cardross , which by K. Ja. the 6th , was erected in a temporal Lordship , to Henry Erskin a Son of the E. of Mar , he is ranked in the Rolls after the Lord Blantyre , the Great Grand-child is David Lord Cardross . Before I end the Description of this Country of Strathern , which is so famous for the Roman Actions there , and several noble and antient Families inhabiting it . I return to the Cross of Macduff before mentioned , placed in the Limits of Fife and Strathern , of whose Inscription Sir John Skeen took notice , that the Priviledges of Clan Macduff were expressed in barbarons Verses , whereof he gives a short hint in his de verborum significatione ; of which Mr. James Cunninghame has given a more full Description in Print , the Inscription as it is set down by him , is thus , Maldraradrum dragos Malairta largia largos Spalando spados sive nig fig knippite gnaros Lorca lauriscos lanringen louria luscos Et Coluburt●s sic fit tibi bursca burtus Exitus et blaradrum sive lim sive iam sive labrum Propter macgidrim et hoc obla●um Accipe smeleridem super limpide lampida labrum . But one Dowglass in New-burgh , near to Cross Macduff , had by him a Version , which seems to be much more probable , and agreeable to the Matter , which reads thus , Ara , urget lex quos , lare egentes atria lis , quos Hoc qui laboras , haec fit tibi pactio portus , Mille reum Drachmas mulctam de largior agris Spes tantum pacis cum nex fit a nepote natis Propter Macgidrum , & hoc oblatum accipe semel Haeredum , super lymphato lapide labem . Here seems to be wanting a Line of the Inscription , which is lost , or could not be read by the Translater , which probably related to Macduffs leading of the Van of the Kings Army , which Inscription is thus paraphrased in English Rhime , All such as are within the ninth Degree Of Kindred to that antient Thane Macduff , And yet for Slaughter are compell'd to flie And leave their houses , and their houshold Stuff ; Here they shall find for their refuge , a place To save them from the cruel blood Avenger : A priviledge peculiar to that Race , Which never was allow'd to any Stranger . But they must enter Heir , on this condition ( Which they observe must , with a faith unfeignzied ) To pay a thousand Groats for their Remission , Or else their Lands and Goods shall be distrenzied . For Saint Macgidders sake , and this Oblation , And by their only washing at this Stone , Purg'd is the Blood shed by that Generation : This priviledge pertains to them alone . In this Country about mid-way betwixt Dumblain and the Castle of Drummond , is the house of Ardoch , belonging to Sir William Stirling Barronet , where there is large Vestiges of a Roman Camp , enclosed on some sides with treeple Trenches , wherein at several times , Roman Medals have been found , and from that there is a great Mercat-Road leadeth towards St. Iohnstoun or Perth , Calseyed in many places , and thence through Strathmore toward Angus . This incampment is believed to have been made by Iulius Agricola , being near to the Grampian Hills where he defate the Scots and Picts . Within this Camp there was found a squair Stone , which is yet kept at the Castle of Drummond , and may be seen there , whereon is engraven the Inscription following , DIS MANIBUS ANTONIUS DAIMONIUS COHORTIS I. LEGIONIS XVII . HISPANORUM HEREDES . F. C. Mr. Adair in his Map of Strathern , hath printed this Inscription with some small difference , whee rhe hath also a draught of the Roman Camp before mentioned . CHAP. XXII . ARGATHELIA : OR , ARGILE , BEyond the Lake Lomund and the west part of Lennox , there spreadeth it self near unto Dumbarton Firth , the large Country called Argathelia , and Ar. Gwithil , that is Near unto the Irish ; or as old Writings have it , the edge or Border of Ireland : for it lyeth toward Ireland , the Inhabitants whereof , the Brittains term Gwithil and Gaothel . The Country runneth out in length and breadth , all mangled with fishful Pools , and in some places with rising Mountains , very commodious for feeding of Cattel ; in which also there range up and down wild Kine and red Deer : but along the Shore it is more unpleasant in sight , what with Rocks , and what with blackish barren Mountains . In this part , as Bede writeth , Brittain received after the Brittains and Picts , a third nation of Scots , in that Countrey where the Picts inhabited : who coming out of Ireland , under the leading of Reuda , either through friendship , or by dint of Sword , planted their seat amongst them which they still hold . Of whom , their Leader they are to this very day called Dalreudini : for in their language , Dal signifieth ( a part . ) And a little after , Ireland ( saith he ) is the proper Country of the Scots , for , being departed out of it , they added unto the Brittains and Picts , a third Nation in Brittain . And there is a very great Bay or Arm of the Sea , that in old time severed the Nation of the Brittains from the Picts , which from the West breaketh a great way into the Land , where standeth the strongest City of all the Brittains even unto this day , called Alchith . In the north part of which Bay , the Scots aforesaid when they came , got themselves a place to inhabite . Of that name Dalreudin , no Remains at all are now extant ; neither find we any thing thereof in Writers , unless it be that same Dalrieta . For , in an old Pamphlet , touching the division of Albany , we read of one Kinnady ( who for certain was a King of Scots and denyed the Picts ) these very words ; Kinnady two years before he came into Pictavia ( for so it calleth the Country of the Picts ) entred upon the Kingdom of Dalrieta . Also in an History of latter time , there is mention made of Dalrea in some place of this Tract , where King Robert Bruce fought a field unfortunatly . That Justice should be ministred unto this Province by Justices itinerant at Perth , whensoever it pleased the King , King Iames the Fourth by Authority of the States of the Kingdom , enacted a Law. But the Earls themselves have in some cases their Royalties , as being men of very great Command and Authority , followed with a mighty Train of Retainers and Dependants , who derive their Race from the ancient Princes and Potentates of Argile , by an infinite descent of Ancestours , and from their Castle Campbel , took their sirname : but the Honour and Title of Earl was given unto them by King James the Second , who , as it is recorded , invested Colin Lord Campbel , Earl of Argile , in regard of his own vertue , and the worth of his Family : whose Heirs and Successors standing in the gracious favour of the Kings , have been Lords of Lorn , and a good while General Justices of the Kingdom of Scotland , or , Justices ordained in General , and Great Masters of the Kings Royal Houshold . Archibald Earl of Argile , by King Charles the First , created Marquess of Argile , was forefaulted by King Charles the Second , and his Son Archbald Lord Lorn , restored to the Dignity and Precedency of the Earl of Argile : who thereafter in that same Kings Reign , upon very nice & slender Grounds , was also forefaulted ; which Forefaulture was particularly taxed as a Reproach to the Nation in the Claim of Right , or Instrument of Government anno 1689 , and by a special printed Act of Parliament 1690 , his Son Archbald Lord Lorn now Earl of Argile restored . Since the printing of the first Sheets of this Book , he hath presented a Letter from the King to the Lords , nominating him an Extraordinar Lord of the Session , in place of the Duke of Hamilton deceased , and is accordingly admitted . From Melfort in this Country , did John Drummond of Lundie , first married to the Heiress of that Family , and Brother to James Earl of Perth , by grant from King James the Seventh , take first the Title of Viscount , and thereafter of Earl , and was Thesaurer Depute to King Charles the Second , and Secretary to him and King James the Seventh . The head Burgh of this Shire is Inerara , a Burgh Royal. CHAP. XXIII . CANTIRE . LOgh . Fin , a Lake breeding such store of Herrings at a certain due season , as it is wonderful , severeth Argile from a Promontory , which for thirty Miles together growing still toward a sharp Point , thrusteth it self forth with so great a desire toward Ireland ( betwixt which and it there is a narrow Sea , scarce thirteen Miles over ) as if it would conjoyn it self . Ptolomy termeth this , the Promontory Epidiorum , between which name , and the Islands Aebudae lying over-against it , there is , in my conceit , some affinity . At this day it is called in the Irish Tongue ( which they speak in all this Tract ) Can-tyre , that is , The Lands Head ; inhabited by the Mac-conells , a Family that here swayeth much , howbeit at the pleasure and dispose of the Earl of Argile : yea and other times they make out their light Pinnaces and Gallies for Ireland , to raise Booties and Pillage , who also hold in Possession those little Provinces of Ireland , which they call Glines and Rowts . This Promontory lyeth annexed to Knapdale by so thin a Neck ( as being scarce a Mile broad , and the same all Sandy ) that the Mariners find it the nearer way to convey their small Vessels over it by Land. Which I hope a man may sooner believe , than that the Argonauts laid their great Ship Argos upon their Shoulders , and so carried it along with them five hundred Miles , from Aemonia unto the Shores of Thessalia . This place gave first the Title of Lord to a Brother of the Earl of Argiles , as hath been said , and thereafter when Argile became Marquess , he was designed Earl of Kintyre . CHAP. XXIV . LORN . SOmewhat higher toward the North lyeth Lorn , bearing the best kind of Barley in great plenty , and divided with Leave a vast and huge Lake : by which standeth Berogomum a Castle , in which sometime was kept the Court of Justice , or Session : and not far from it Dunstaffage , that is , Stephens Mount , the Kings House in times past : above which Logh Aher , a Lake insinuating it self from out of the Western Sea , windeth it self so far within Land , that it had conflowed together with Ness , another Lake running into the East Sea , but that certain Mountains between kept them with a very little Partition asunder . The chiefest Place of Name in this Tract is Tarbar in Loch Kinkeran , where King James the fourth ordained a Justice and Sheriff , to administer Justice unto the Inhabitants of the out Islands , but now the Shires of Argile and Tarbat are joyned in one These Countries and those beyond them , in the year of our Lords Incarnation 655. the Picts , held : whom Beda calleth the Northern Picts , where he reporteth , that in the said year Columbane a Priest and Abbot , famous for his Monkish profession and life , came out of Ireland into Brittain , to instruct these in Christian Religion , that by means of the high rough Ridges of the Mountains were sequestred from the Southern Countries of the Picts : and that they , in lieu of a Reward , allowed unto him the Island Hii , over against them , now called I-Comb-Kill , a famous Monastry and Nursery of the Christian Religion over Britain . The Lord of Lorna in the age aforegoing were the Stuarts : but now , by reason of a Female their Heir , the Earls of Argile use this Title in their Honourable Designation . CHAP. XXV . BRAID ALBIN , OR , ALBANY . MOre inwardly , where the uninhabitable , lofty , and rugged Ridges of the Mountain Grampius , begin a little to slope and settle downward , is seated Braid-Albin , that is , The highest part of Scotland : for they that are the true and right Scots indeed , call Scotland in their Mother Tongue , Albin ; like as that part where it mounteth up highest , Drum Albin , that is , the Ridge of Scotland . But in an old Book it is read Brun Albin , where we find this Written : Fergus filius Eric , &c. That is , Fergus the Son of Eric was the first of the Seed or line of Chonare , that entred upon the Kingdom of Albanie , from Brun-Albain unto the Irish Sea and Inch-Gall . And after him the Kings descended from the Seed or Race of Fergus , Reigned in Brun-Albain or Brunhere unto Alpin the Son of Eochall . But this Albanie is better known for the Dukes thereof , than for any good Gifts that the Soil yieldeth . The first Duke of Albanie was Robert Earl of Fife , whom his Brother King Robert the third of that Name , advanced to that honour : yet he ( ungrateful person that he was ) pricked on with the spirit of ambition , famished to Death his Son David , that was Heir to the Crown . But the punishment due for this wicked Fact , which himself by the long sufferance of God self not , his Son Mordac , the second Duke of Albanie , first designed in his Fathers time , Sir Murdac Stuart of Kinclevin suffered most grievously , being condemned for Treason and beheaded , when he had seen his two Sons the day before executed in the same manner . The third Duke of Albanie was Alexander , second Son to King James the second , who was also designed Earl of March , Marr , and Garioth , Lord of Annandale and of Man , was by his own Brother King James the third outlawed , and after he had been turmoiled with many Troubles , in the end , as he stood by to behold at Justs and Tourneament in Paris , chanced to be wounded with a piece of shattered Launce , & so died . His Son John , the fourth Duke of Albanie , was called home & made Regent and Tutor to King James the fifth , taking contentment in the pleasant Delights of the French Court , after he had Wedded there the Daughter , and one of the Heirs of John Earl of Anverne and Lauragveze , died there without Issue : Whom in respective reverence to the Blood Royal of the Scots , Francis the first King of France gave thus much honour unto , as that he allowed him place between the Archbishop of Langres , and the Duke of Alenson , Peers of France . After his death there was no Duke of Albanie until that Queen Mary conferred this Title upon Henry Lord Darnly , whom within some few days after she made her Husband : likeas King James the sixth granted the same unto his own second son Charles being an Infant , during the lifetime of Prince Henry his elder Brother , to whom he succeeded as Prince and Steward of Scotland , and to his Father as King of Great-Britain , and first of the Name of Charles : King James , the seventh did enjoy the Title of Duke of Albany during the lifetime of his elder Brother . There inhabit these Regions a kind of People , rude , warlike , ready to fight , quarrellous and mischievous : they be commonly termed Highlandmen , who being indeed the right Progeny of the antient Scots , speak Irish , and call themselves Albinich ; their bodies be firmly made and well compact , able withal and strong , nimble of Foot , high minded , inbread and nuzzeled in warlike exercises , or Robberies rather , and upon a deadly feud and hatred , most forward and desperat to take revenge . They go attired Irish-like , in stript or streaked Mantles of divers colours , wearing thick and long Glibes of Hair , living by hunting , fishing , fowling and stealing . In the War their Armour is an Head-piece , or Morion of Iron , and an Habergeon , or Coat of Mail : their Weapons be Bows , barbed or hooked Arrows , and broad Back Swords : and being divided by certain Families or Kindreds , which they term Clans , they commit such cruel Outrages , what with Robbing , Spoilling and Killing , that their Savage Cruelty hath forced a Law to be enacted , whereby it is lawful , That if any person , out of any one Clan or Kindred of theirs hath trespassed ought , and done harm , whosoever of that Clan or Linage chance to be taken , he shall either make amends for the harms , or else suffer Death for it ; when as the whole Clan commonly beareth Feud for any hurt received by any one Member thereof , by execution of Laws , order of Justice , or otherwise . Sir John Camphel of Glenurchie Baronet an antient and powerful Cadet of Argile , descended of one of the Heiresses of Stuart , Lord Lorn of whose Lands he enjoyes a part , and their Arms quartered , and of other great Families , and from whom many Noblemen and Barons derive their Pedegree , was by King Charles the second , about the year 1677. Created Earl of Brade Albine , and is one of the present Commissioners of their Majesties Thesaury , he is Hereditary Baillie of Broad Albine . CHAP. XXVI . PERTHIA : OR , PERTH Sheriffdom . OUt of the very bosome of the Mountains of Albany , Tau the greatest River of all Scotland issueth : and first runreth amain through the Fields , until that spreading broad into a Lake full of Islands , he restraineth and keepeth in his course . Then gathering himself narrow within his Banks into a Channel , and Watering Perth , a large , plentiful and rich Countrey , he taketh in unto him Amond , a small River coming out of Athol . This Athol , that I may digress a little out of my way , is infamous for Witches and wicked Women : the Countrey , otherwise fertile enough , hath Valleys bespread with Forrests : namely , where that Wood Caledonia , dreadful to see , for the sundry turnings and windings in and out therein , for the hideous horrour of dark Shades , for the Burrows and Dens of Wild Bulls with thick Manes ( whereof I made mention heretofore ) extended it self in old time far and wide every way in these parts . As for the Places herein , they are of no great account , but the Earls thereof are very memorable . Thomas , a younger Son of Rolland of Galloway , was in his Wives Right Earl of Athol , whose Son Patrick was by the Bissets his Concurrents Murdered in Feud , at Had dingtoun in his Bed-chamber , and forthwith the whole House wherein he Lodged burnt , that it might be supposed he perished by casualty of Fire . To the Earldom there succeeded David Hastings , who had Married the Aunt by the Mothers side of Patrick ; whose Son that David surnamed of Strathbogie may seem to be , who a little after , in the Reign of Henry the third King of England , being Earl of Athol , married one of the Daughters and Heirs of Richard , base Son to John King of England , and had with her a very goodly inheritance in England . She bare unto him two Sons , John Earl of Athol , who being of a variable disposition and untrusty was hanged up aloft on a Gallows fifty Foot high ; and David Earl of Athol , unto whom by Marriage with one of the Daughters and Heirs of John Cummin of Badzenoth , by one of the Heirs of Aumer de Valence Earl of Pembroch , there fell great Lands and Possessions . His Son David , who under King Edward the second was other whiles amongst English summoned to the Parliaments in England , and under King Edward Baliol made Lord Lieutenant General of Scotland , was vanquished by the valerous Prowess of Andrew de Murray , and slain in Battel within the Forrest of Kelblen , in the year of our Lord 1335 : And his Son David left two young Daughters only , Elisabeth Wedded unto Sir Thomas Piercy , from whom the Barons of Burrough are descended : and Philip , Married to Sir Thomas Halsham an English Knight . Then fell the Title of Athol unto that Walter Stuart , Son to King Robert the second , who cruelly Murdered James the first , King of Scotland , who for this execrable cruelty suffered most condign punishment accordingly : in so much as Aeneas Sylvius , Ambassadour at that time in Scotland from Pope Eugenius the fourth , gave out this Speech : That he could not tell whether he should give them greater commendations that revenged the Kings Death , or brand them with sharper Censure of Condemnation , that distained themselves with so hainous a Paricide . After some few years passed between , this honour was granted unto John Stuart of the Family of Lorn , the Son of James , surnamed The Black Knight , by Joan the Widow of King James the first , Daughter to John Earl of Somerset , and Niece to John of Gaunt Duke of Lancaster , whose posterity at this day enjoy the same . The eldest son of Tullibardine being descended of the Stuarts of Athol , whose successor is John Marquess of Athol , as hath been said . Lord Charles Murray second Son to the Marquess of Athol , was by King James the seventh , Created Earl of Dunmore , and Sir Robert Nairn of Stra●hurd , one of the Lords of Session , was by King Charles the second , about the year 1681. Created Lord Nairn , his only Daughter to be Married to a younger Son of the Marquess of Athols , by vertue whereof William Lord Murray is now Lord Nairn . The Marquess of Athol is Heretable Sheriff of Perth . This River is increased by receiving the River of Bra●n , which having given name to a Strath through which it passeth , loseth its name by augmenting of Tau at Dunkeld , which was adorned by King David the first with an Episcopal See. Sir James Galloway Master of Requests to King James the sixth , and King Charles the first , was by the latter Created Lord Dunkell , about the year 1646. whose Grand Child is Forfeited for opposing their Majesties in the Highlands by force of Arms. In these bounds lyes Gillichrankie , a place remark●ble for the Defeat of the Kings Forces , under the Command of General Major Mckay , by the late Viscount of Dundee and his Associats , but himself was killed in the Action , which fell out the 27th of July 1689. Most Writers grounding upon the signification of that Word , suppose Dunkeld to be a Town of the Caledonians , and interpret it , The Mount or Hill of Hazeles , as who would have that name given unto it of the Hazel-trees in the Wood Caledonia , from hence the Tau passeth forward to the old Castle of Kincleiven , where it is much augmented by the River Ila , a very pleasant and large River , and thence goeth downward by the Carcass of Bertha , a little desolat City , remembring well enough what a great loss and calamity he brought upon it in times past , when with an extraordinary swelling Floud , he surrounded all the Fields , laid the goodly standing Corn along on the Ground , and carried headlong away with him this poor City , with the Kings Child and Infant in his Cradle , and the Inhabitants therein . In steed whereof in a more commodious place , King William builded Perth , which straightways became so wealthy , that Necham , who lived in that age , versified of it in this manner : Transis ample Tai per rura per oppida , per Perth , Regnum sustentant istius urbis opes . By Villages , by Towns , by Perth , thou runn'st great Tay amain , The Riches of this City Perth doth all the Realm sustain . But the posterity ensuing call it of a Church founded in honour of Saint John , Saint Johns Town : and the English whiles the Wars were hot between the Bruces and the Balliols , Fortified it with great Bulwarks , which the Scots afterwards , for the most part overthrew , and disman led it themselves . Howbeit it is a proper pretty City , pleasantly seated between two Greens : and for all that some of the Churches be destroyed , yet a goodly shew it maketh ; ranged and set out in such an uniform manner , that in every several Street almost there dwell several Artificers by themselves , and the River Tau bringeth up with the Tide Sea Commodities by Lighters . King James the sixth having erected it to the Title of an Earldom , Created James Baron Drummond Earl of Perth , of whom in Strathern . Unto Perth these places are near Neighbours , Methven near to which runneth the river of Almond , which passing downward falleth in Tau , near to the place where the antient Town of Bertha stood . Margaret an English Lady , Widow unto King James the fourth , purchased Methven with ready Money for her third Husband Henry Stuart descended of the Royal Blood , and for his Heirs ; and withal obtained of her Son King James the fifth for him the dignity of a Baron , since extinct , and was one of the Titles of the late Dukes of Lennox . More beneath is Ruthven , a Castle of the Ruthvens , whose name is of damned Memory , considering that the three Estates of the Kingdom hath ordained , that whosoever were of that name should forego the same , and take unto them a new : after that the Ruthvens , Brethren in a most cursed and horrible Conspiracy , had complotted to murder their Soveraign King James the Sixth , who had created William their Father , Earl of Gowrie , and afterward beheaded him , being lawfully convicted , when he would insolently prescribe Laws to his Soveraign . But of men condemned to perpetual Oblivion , I may seem to have said overmuch , although it concerneth Posterity also for a Caveat , that wicked Generations be notified as well as noisom Weeds and venemous Plants . Sir Thomas Ruthven of Freeland , descended of this Family , was created by King Char●●s the second while in Scotland , Lord Ruthven , whose Son is David Lord Ruthven , and in anno 1689 , was appointed by their Majesties , one of their Privy Council , and one of the Commissioners of the Thesaury . As for the Country Gowrie aforesaid , famous for the Corn-fields , and singular fertility of the Soil , it lyeth more plain and flat along the other Bank of Tay. In this Tract over against Perth , on the farther side of Tay ▪ standeth Scoon , a renowned Monastery in old time , and of reverend respect for the Coronation therein of the Kings of Scotland : since that time , King Kenneth having hard by , put the Picts for the most part to the sword , placed a stone here enclosed within a Chair of Wood , for Inaugaration of the Kings of Scotland , that had been transported out of Ireland into Argile : which Stone Edward the First , King of England , caused to be conveyed unto Westminster : touching which , I have put down this Prophesie so rise in every mans mouth , since it hath now proven true and taken effect , as very few of that sort do . nI faLLat fatuM sCotI qVoCVnque LoCatVM InVenIent LapIDeM regnare tenentVr IbIDeM . Except old Sawes be vain , And Wits of Wizards blind , The Scots in place must reign , Where they this Stone shall find . Scoon gave the Title of Baron to Sir David Murray Comptroller , whom King James for his good service , advanced to that honour , and is the last in the Decreet of Ranking , after the Lords Torphichen , Pasley , Newbottle , Thirlestane , Spenzie , Roxburgh , Lindores , Lowdoun , Dirleton , Kinlos , Abercorn , Bal●●crinoch , Murray of Tullibairn . Colvi●● of ●u●ross : he was afterward created by that same King Viscount of Stormonth , which is the upper part of the Country of Gowry , and is in the Rolls of Parliament 1633 , before the Viscount Air , who being descended of the Lairds of Balvaird , the Dignity of V. Stormonth did fall to their Successors , of whom is descended David now Viscount Stormonth , as hath been said . Where Tay now grown bigger enlargeth himself , there appeareth over it Arrol , which was the Habitation of the noble Earls of Arrol , who ever since the Bruces days , have been by Inheritance the Constables of Scotland : and verily they deduce an ancient Pedegree from one Hay , a man of exceeding strength and excellent courage , who together with his Sons , in a dangerous Battle of Scots against the Danes at Longcartie , caught up an Ox Yoke , and so valiantly and fortunatly withall , what with fighting , and what with exhorting , re-enforced the Scots at the point to shrinke and recule , that they had the day of the Danes : and the King , with the States of the Kingdom , ascribed the Victory and their own Safety , unto his Valour and Prowess : whereupon in this place , the most battle and fruitfull Grounds were assigned to him and his Heirs ; who in testimony hereof , have set over their Coat a Yoke for their Crest , over their Arms , Three Escutcheons Gules in Argent . Of this Family is descended John now Earl of Arrol . Near to which lived Sir George Kinnaird of Rossie , Privy Counseller to King Charles the Second , created Lord Kinnaird about the year 1683 , Patrick Lord Kinnaird in his Son. Touching Huntley Castle that joyneth unto it , I have nothing to write , but that it hath given Title to a very Potent , Great , and honourable Family , whereof I am to speak hereafter . But I think rather , the Title of Earl of Huntly was taken from a place in the Merse , called by that name , which is a part of the Barony of Gordon , the ancient Inheritance of this Family . Huntly Castle , is one of the Dwelling Houses of the Earl of Strathmore , and now passeth under the Name of Castle-Lyon , well planted and pleasantly situat in the Carse of Gowry . In the Description of this Kingdom , the following Method had been more agreeable to the Situation of the Country , and there had been less disjunction of the Countries described ; to have begun with the Country of the Merse , and then East , Mid , and West - Lothian , and to have subjoyned the Shires of Peebles , Selkirk , and Roxburgh ; and in the end of Roxburgh , to have added the Selgovae , viz. Liddesdale , Eusdale , Eskdale , Annandale , and Nithisdale ; and to have gone to Galloway , Carrick , Kyle , Cunninghame , Isle of Arran , Cliddesdale , the Shire of Stirling , Lennox , Argyle , Kintyre and Lorn , these three in one Shire ; & to have begun the description of Caledonia with that part of Perth Shire called Brade-Albion , which joineth Lorn ; and then to have added Athol and Perthia , and in the third place Strathern , which compleats the Shire of Perth ; and Fife , Kinross and Clackmannan bordering with Strathern , and then to proceed to the Country of Angus , or Shire of Forfar , which is divided from Fife by the River Tay : the ordinar division of Scotland in publick Acts and Letters , being by south and be north Tay. CHAP. XXVII . ANGUSIA , or ANGVS . BY the out-let or mouth of Tay , and more within , beside the River North-Esk , Anguis , called by the natural and true Scots Aeneia lyeth , extended with goodly fields bearing Wheat and Corn of all kinds plentifully , with large Hills also and Pools , Forrests , Pastures , and Meadows , and also garnished with many Forts and Castles . In the very first entry into it ; from Gowry , standeth Glamis a Castle , and the Barony of a Family sirnamed Lyon , which arose to honour and reputation , ever since that Sir J. Lyon standing in the high favour of King Robert the Second , received this and the Dignity of a Baron with the Kings Daughter for her marriage Portion , and therewith as I find written , the sirname of Lyon , with a Lyon in his Arms , within a Treassure Floury , as the Kings themselves do bear , but in different colours : Likeas Sir Patrick Lyon , Lord Glamis , was advanced by King James the Sixth of that name , to the honour of the Earl of Kinghorn . This Title was changed by Patrick the present Earl , from Kinghorn to Strathmore , as being the largest Strath in Scotland , running through Perth Shire and Angus , where the said Earls Estate for the greatest partlyes . Not far hence standeth Forfar , where for the administration of Justice , the Barons Grays are hereditary Sheriffs , who being descended from the Grays of Chillingham in the Country of Northumberland , came into Scotland with King James the First , at his return out of England , of whom is descended Patrick now Lord Gray ; upon the first of whom named Andrew , the King of his bounteous liberality , bestowed the Segniory of Foulis , together with Helen Mortimer in Marriage for his Advancement . Ashtoun an English Gentleman , was created Lord Forfar , about the year 1633 , by King Charles the First : and Archibald second Son to the Earl of Angus , and Brother to James Marquess of Dowglass , was by King Charles the Second , created Earl of Forfar , about the year 1651. Hard by the mouth of Tay is situat Dundee , sometimes called Alectum : others term it in Latine Taodunum , a Town verily of great resort and Trade , and the Constable whereof by a special priviledge , was Standard bearer to the King of Scots . Hector Boetius who was here born , expounded this name Dundee by way of allusion , to Donum Dei , that is , Gods gift This Hector , in the reflourishing time of Learning , wrote the Scottish History elegantly , and that out of such hidden and far fetched Monuments of Antiquity , that Paulus Jovius wondered in his Writings , there should be Records extant for above a thousand years , of these remote parts of the World , Scotland , the Hebrids , and the Orcads : considering that Italy the Nurse of fine Wits , for so many Ages after the Goths were cast out , was defective of Writers and Records . The ancient Family of the Scrymsours of Dudup , Constables of Dundee , was first created by King Charles the first , Viscount of Dudup , and by King Charles the Second Earl of Dundee : and by gift of last Heir and Recognition , being carried to Charles Maitland of Haltoun , came afterwards to be at the Kings disposal , who gifted the same to Collonel John Graham of Claverhouse , who by King James the Seventh , was created Viscount of Dundee , and opposing their Majesties in Arms , was killed at Gillichrankie in Athol , in July 1689 : and both he and his Brother David also present at that Action , were forefaulted in Parliament 1690. From hence standeth within sight Brochty-Craig , which being a good Fortress , was with the English Garison Souldiers , manfully defended & made good for many Months together , what time as in their affectionat love to a perpetual peace , they desired and wished for a Marriage , between Mary Heir apparent of Scotland , and Edw. the 6th . K. of England ; and upon promise thereof , demanded it by force of Arms : and in the end , of their own accord , abandoned the said place : Then there lyeth full against the open Ocean Aberbroth , short Arbroth , a place endowed with ample Revenues , and by King William dedicated in old time to Religion , in honour of Thomas of Canterbury ; beside which , the * Red-head shooteth into the deep Sea , and is to be seen a far of . Hard by Southesk voideth it self into the Ocean ; which River flowing amain out of a Lake , passeth by Finnevin Castle , well known by reason of the Lindseys Earls of Crawford keeping Residence there ; of whom is already written . And downward on the same River standeth Kinnaird , the Inheritance of the Carnagies , who amongst other Families , by being Members of the Colledge of Justice , have raised their Fortunes , and advanced into great Honours . Robert Carnagy of Kinnaird in the year 1553 , is marked in the Sederunt of the Lords of Session . And about the year 1561 , under the designation of Sir Robert Carnagy of Kinnaird , admitted Ordinary Lord of Session ; Mr. David Carnagy of Coluthy I suppose his second Son , was a Lord of the Session , and one of the Octavians ; he dyed in the year 1598 , his Son Sir David , Carnagy of Kinnaird succeeded , of whom frequent mention is made in the Acts of Parliament of King James the Sixth ; he was by that King created Lord Carnagy after the Lord Binnie , and is so ranked in the Rolls of Parliament 1617. In the Books of Sederunt July 5th 1616 , David Lord Carnagy is admitted an Ordinary Lord of Session : in the year 1633 , by King Charles the First , he was created Earl of Southesk , his great Grand-child is Charles Earl of Southesk . Sir John Carnegie of Ethie , younger Son to the before named Mr. David Carnagie of Colluthy , and Brother to David Earl of Southesk , was by King Charles the First , created Lord Lour , and thereafter by that same King Earl of Ethie : his eldest Son David , exchanged the said Titles with these , of Earl of Northesk and Lord Rosehill , as being more agreeable to the Title of Earl of Southesk , the Chief of the Family . David Earl of Northesk , is great Grand-child to the first Earl. Then upon the said River standeth Brechin , which King David the First adorned with a Bishops See. Patrick Maul of Panmure of the Bed-chamber , of an ancient Family , was created by King Charles the First , about the year 1646 , Earl of Panmure , Lord Maul and Brechin , immediatly before the Earls of Selkirk , Tweeddale and Northesk ; whose Grand-child is James Earl of Panmure . And at the very mouth thereof standeth Montross ; as one would say the Mount of Roses ; a Town in times past called Celurca , risen by the fall of another Town bearing the same name , which is seated between the two Esks , and imparteth the Title of Marquess to the Family of the Grahams : Not far from hence is Boschain , belonging to the Barons of Ogilvy , of very antient Nobility , lineally descended from Alexander Sheriff of Angus , who was slain in the Bloody Battle at Harlaw against the Mac-Donald of the out Isles . In this Shire is also Airlie , which was the first Designation of the Lord Ogilvie of Airlie , Andrew Lord Ogilvie was created by King Charles the first , anno 1633 , Earl of Airlie , whose Son is James Earl of Airlie . As touching the Earls of Angus ; Gilchrist of Angus , renowned for his brave exploits under King Malcolm the fourth , was the first Earl of Angus that we read of . About the year 1241 , John Cummin was Earl of Angus , who died in France , and his Widow ( haply inheritrix to the Earldom ) was married to Sir Gilbert Vmfranvill an Englishman . For , both he and his Heirs successively after him , were summoned to the Parliament in England ( until the third year of King Richard the second ) by the Title of Earls of Angus . Howbeit the Lawyers of England refused in their Brieves and Instruments to acknowledge him Earl , for that Angus was not within the Kingdom of England , until he had brought forth openly in the face of the Court , the Kings Writ and Warrant , wherein he was summoned to the Parliament by the name of Earl of Angus . In the reign of David Bruce , Thomas Stuart was Earl of Angus , who by a sudden surprise won Berwick , and straightways lost it ; yea , and within a while after died miserably in Prison at Dunbritton . But the Douglasses , Men of invincible Hearts , from the time of King Robert the second , when VVilliam first E. of Douglas married Stuart Heiress and Countess of Angus , of which marriage was George Douglas Earl of Angus , who married King Robert the Thirds Daughter , have been Earls of Angus , and reputed the chief and principal Earls of Scotland , and to whom this Office belongeth , to carry the Regal Crown before the Kings , at the solemn Assembly of the Kingdom . The sixth Earl of Angus out of this stock , was Archibald , who espoused Margaret , Daughter to Henry the seventh King of England , and Mother to James the fifth King of Scots , by whom he had Issue Margaret Wife to Matthew Stuart Earl of Lennox ; who after her Brothers decease ( that died Childless , ) willingly resigned up her Right and Interest in this Earldom , unto Sir David Douglass of Pittindreich , her Uncles Son by the Fathers side , and that with consent of her Husband and Sons ; to the end that she might bind the surer unto her self , by the link also of a beneficial demerit , that Family , which otherwise in Blood was most near ; what time Henry her Son went about to Wed Mary the Queen : by which Marriage King James the sixth , the mighty Monarch of Great-Britain was happily born to the good of all Britain ; and from these Earls of Angus & Douglass , the Marquess of Douglass is lineally descended . From an Abbacy in this Shire James Elphingstoun second Son to Secretary Elphingstoun Lord Balmerinoch , was created by King James the sixth Lord Couper , but dying without Issue , the Title and Dignity is confounded in the person of the now Lord Balmerinoch . The Sheriffship of this Shire being at the Kings disposal , Patrick Earl of Strathmore is Sheriff . CHAP. XXVIII . MERNIS : OR , Shire of KINCARDIN . THese Regions were in Ptolomy's time inhabited by the Vernicones , the same perhaps that the Vecturiones mentioned by Marcellinus . But this their name is now quite gone , unless we would imagine some little piece thereof to remain in Mernis . For many times in common speech of the British Tongue , V. turneth into M. This small Province Mernis lying on the North-side of the North-Water of Esk , abutting upon the German Ocean , and of a Rich and fertile Soil , lieth very well , as a plain and level Champion . But the most memorable place therein is Dunnotyr , a Castle advanced upon an high and unaccessible Rock , whence it looketh down to the underflowing Sea ; well fensed with strong Walls and Turrets , which hath been a long time the habitation of the Keiths of an antient and very noble Stock ; who by the guidance of their Vertue , became Hereditary Earls Mareschals of the Kingdom of Scotland , in the Reign of King Robert Bruce and Sheriffs of this Province ; of whom is descended William now Earl Mareschal . In a Porch or Gallery here , is to be seen that antient Inscription formerly mentioned , of a Company belonging to the twentieth Legion , the Letters whereof the right Noble and Honourable Earl George , Commissioner to the Parliament 1609 , a great lover of Antiquity , caused to be Guilded . Somewhat further from the Sea standeth Fordon , graced in some sort and commendable in regard of John de Fordon ; who being born here , diligently and with great pains Compiled Scoti Chronicon , that is , The Scottish Chronicle : unto whose laborious studies the Scottish Historiographers are very much indebted : but more glorious and renowned in old time , for the Reliques of St. Palladius , bestowed and shrined sometime , as is verily thought , in this place ; who in the year 431 , was by Pope Coelestinas appointed the Apostle of the Scottish Nation . In this Shire the Laird of Arbuthnet of that lik , of an antient Family , was created Viscount Arbuthnet by King Charles the first , about the year 1641 , whose Great Grand-Child is Robert Viscount of Arbuthnet . As also , Sir Alexander Falconer one of the Lords of Session , was by King Charles the first , anno 1648 , Created Lord Halcartoun , whose Grand-Child is now Lord Halcartoun . Also Lieutenant-General Middletoun , of an antient Family designed by that Surname , was by K. Charles the second appointed Commissioner for holding the Parliament 1661 , and Created at that time Earl of Middletoun , his Son is Charles Earl of Middletoun , who was first Secretary of Scotland , and then of England , to King Charles the second , and King James the seventh . In this Shire is Inverbervie a Burgh-Royal . In the antient times the Countrey Horestia did comprehend both Angus and Mernis : in this matter I must be allowed to differ from the Learned Author , who places the Horesti in the Countrey of Eskdale , a small and inconsiderable Countrey , surrounded with others , and not bordering on the Sea , whereas Tacitus in the Life of Agricola , Describing his War in our part of Britain , saith * The third year of the War Agricola discovered new Nations which he conquered even to the River Tau . And after this he adds , Agricola having beat Galgacus near to the Grampian Hills , brought back the Roman Army to the boders of the Horesti , and having received Hostages from them , he ordered the Commanders of the Roman Fleet to sail about the Isle . The chief part of this quotation is on the Margin , in the words of the Author , which is only applicable to the Mouth and Firth of Tay , and the Countrey of Angus and Mernis situat thereupon , where the Roman Navy hath Landed their Men , and in the which station remained to receive them at the end of the expedition , and from this Port to the Grampian Hills , through the large Countrey of Strathmore , they have marched their Army and Carriages , and by the same Way returned them to their Ships , of which great ways there are certain Vestiges remaining ; but there is no direct continued way betwixt the Grampian Hills and Eskdale , nor could any army with such great Carriages march betwixt these places , nor thereafter be Embarked at Eskdale . See more of this in Sir George Mckenzies Answer to St. Asaph . CHAP. XXIX . MARRIA : OR , MAR. FRom the Sea in the Mediterranean , or In-landparts above Mernis , Mar enlargeth it self , and runneth forward threescore Miles , or thereabout : where it lieth broadest VVest-wards , it swelleth up with Mountains , unless it be where the Rivers Dee , which Ptolomy calleth Diva , and Don make way for themselves , and infertile the Fields . Upon the Bank of Don , Kildrummy standeth as a fair Ornament to the Countrey , being the antient Seat of the Earls of Mar : and not far distant from it the Habitation of the Barons Forbois , who being issued from a Noble and Antient Stock , assumed this Surname : whereas before time they were called Bois , after that the Heir of that Family had manfully killed a Savage and Cruel Bare , of whom is Descended William now Lord Forbes . But at the very Mouth of this River , there be two Towns that give greater Ornament , which of the said Mouth , that in the British Tongue they call Aber , borrowing one Name , are divided asunder by one little Field lying between : the hithermost of them , which standeth nearer to Dee Mouth , is much ennobled by an Episcopal Dignity ( which King David the first Translated hitherto from Murthlake a little Village ) by fair Houses of the Canons , an Hospital for poor people , and a free Grammer School ; which William Elphingstoun , Bishop of the place , in the year 1480. consecrated to the Training up of Youth , and is called * New Aherdene : The other beyond it , named Old Aherdene , is most famous for the taking of Salmons . It is almost incredible what abundance of * Salmons as well these Rivers , as others also in Scotland on both sides of the Realm , do breed : this Fish was altogether unknown unto Pliny , unless it were that Esox of the Rhine : but in this north part of Europe , passing well known , shining and glittering ( as he saith ) with his red bowels : in Autumn they engender within little Rivers , and in shallow places for the most part , what time they cast their Spawn , and cover it over with Sand : and then are they so poor and lean , that they seem to have nothing else in a manner , but their small Bones . Of that Spawn in the Spring next following , there comes a Fry of tender little Fishes , which making toward the Sea , in a small time grow to their full bigness : and in returning back again to seek for the Rivers wherein they were bred , they strive and struggle against the Stream , and look whatsoever lyeth in their way to hinder their passage , with a jerk of their Tail , and a certain leap ( whence happily they had their name Salmons ) to the wonder of the Beholders , they nimbly whip over , and keep themselves within these Rivers of theirs , until they breed : during which time it is enacted by Law , they should not be caught ; namely , from the Feast of the Assumption of our Lady , to the Feast of Saint Andrew in Winter . : and it should seem they were reputed among the greatest Commodities of Scotland , when likewise it was ordained that they should not be sold unto Englishmen , but for English Gold , and no other contentation . But these Matters is left for others . To come now unto the Earls of Marr. In the Reign of Alexander the Third , William Earl of Marr , is named among those that were sore offended and displeased with the King. Whiles David Bruce reigned , Donald Earl of Marr , Protector of the Kingdom , was before the Battle at Dyplin , murdered in his Bed by Edward Balliol , and the Englishmen that came to aid him : whose Sister Isobel , King Robert Bruce took to be his first Wife , on whom he begat Marjory , Mother to Robert Stuart King of Scots . Under the same David there is mention also made of Thomas Earl of Marr , who was banished in the year 1361. Likewise in the Reign of Robert the 3d , Alexander Stuart is named Earl of Marr , who in the Battle at Harlaw against the Islanders , lost his life in the year 1411. In the days of King James the First , we read in Scoto Chronicon thus , Alexander Earl of Marr , died in the year 1435 , the base Son of Alexander Stuart Earl of Buchan , Son to Robert the Second King of Scots ; after whom , as being a Bastard , the King succeeded in the Inheritance . John the second Son of King James the Second , afterwards bare this Title ; who being convict for attempting by Art Magick , to take away the King his Brothers life , was let blood to death : and after him , Robert Cochran was promoted from a Mason to this Dignity , by King James the Third , and soon after hanged by the Nobility : since which time , this honourable Title was discontinued , until that Queen Mary adorned therewith , James her Bastard Brother : and not long after , when it was found that by ancient Right , the Title of Earl of Marr appertained to John Lord Ereskin ; in lieu of Marr , she conferred upon him the Honour of Earl of Murray , and created John Lord Ereskin , a man of ancient and noble Birth , Earl of Mar ; afterward Regent to King James the Sixth , of whom is descended John now Earl of Marr. Forbes Lord Pitsligo , was by King Charles the First , created Lord Pitsligo anno 1633 ; whose descendant doth still enjoy the Title . And Fraser of Stony-wood or Muchill , was at the same time , created by King Charles the First , Lord Fraser , whose Successor is Lord Fraser . Sir John Keith of Keith-hall Knight , Mareschal , and Son to the Earl Mareschal , was by King Charles the Second , about the year 1677 , created Earl of Kintore , from a Burgh Royal , and was Thesaurer Deput to K. Char. the 2d , and K. Ja. the 7th , his eldest Son is designed Lord Inverurie , from another Burgh Royal , both lying in this Shire . Sir George Gordon of Haddo , Baronet , a Lord of the Session , was admited President anno 1681 , and constitute Chancellor the year following , and created Earl of Aberdeen shortly thereafter . James L. Gordon second Son to the Marquess of Huntly was created by K. Char. the 1st , V. of Aboyn , & thereafter Charles his fourth Son , was created Earl of Aboyn by King Charles the Second , anno 1661 ; his Son is Charles Earl of Aboyn . Creighton Laird of Frendraught , descended of the L. Creighton , Chancellor to King James the Second , was by King Charles the First , created Viscount of Frendraught about the year 1641 , whose Successor is Lewis Viscount of Frendraught . In this Shire is the River Ythan , from which King Charles the First , after the year 1641 , gave the Title of Lord Ythan to Lieutenant General King , of whom none is descended claiming the Title . John Earl of Arrol , is by the Kings Nomination , Sheriff of this Shire . CHAP. XXX : BUCHANIA , OR BVQVHAN . THe Taizali mentioned by Ptolomy , in ancient times inhabited which is now Buquhan , in Latine Boghania and Buchania , above the River Don , beareth forth toward the German Sea. Some derive this latter name à Bobus , that is , from Oxen and Kine ; whereas notwithstanding the Ground serveth better to feed Sheep , whose Wool is highly commended . Albeit the Rivers in this Coast every where breed great store of Salmons , yet do they never enter into the River Ratra , as Buchannan hath Recorded . Neither let it be offensive if his Testimony be cited , although his Books by Authority of Parliament in the year 1584 , were forbidden : because many things in them contained , are to be dashed out . Who also hath written , That on the Bank of Ratra , there is a Cave near unto Stangs Castle , the nature whereof seemeth not to be passed over . The water distilling by drops out of a natural Vault , presently turneth into Pyramidal stones ; and were not the said Cave or Hole otherwhiles rid and cleansed by mans labour , the whole space as far as up to the Vault , would in short time be filled therewith . Now the stone thus engendered , is of a middle nature , between Yce and hard Stone : for it is brittle and easy to crumble , neither groweth it ever to the solidity and hardness of Marble . Concerning those Claik-geese , which some with much admiration have believed to grow out of Trees ; both upon this Shore and elsewhere ; and when they be ripe , to fall down into the Sea , it is scarce with the labour to mention them . That there be little Birds engendred of old and rotten Keels of Ships , they can bear . Witness , who saw that Ship wherein Francis Drake sailed about the World , standing in a Dock near the Thames ; to the outside of the Keel , whereof a number of such little Birds without Life and Feathers stuck closs . Yet it would be thought , that the Generation of these Birds , was not out of the Logges of Wood , but from the very Ocean , which the Poets termed the Father of all things . A mighty Mass likewise of Amber , as big as the body of an Horse , was not many years since cast upon this shoar . The learned call it Succinum , Glessum , and Chryso Electrum : and Sotacus supposed , that it was a certain juice or liquor which distilleth out of Trees in Britain , and runneth down into the Sea , and is therein hardened . Tacitus also was of the same Opinion , when he wrote thus : I can verily believe , that likeas there be Trees in the secret and inward parts of the East which sweat out Frankincense and Balm , so in the Islands and other Countries in the West there be Woods and Groves of a more fatty and firm Substance , which melting by the hot Beams of the Sun approaching so near , runneth into the Sea hard by , and by force of Tempest , floateth up to the hoars against it . But Serapio , and the Philosophers of later times write , that it ariseth out of a certain clammy and bituminous Earth under the Sea , and by the Sea-side ; and that the Billows and Tempests cast up part thereof a land , and a Fishes devour the rest . In the Reign of King Alexander the Second , Alexander Cummin rose up to the honour of Earl of Buquhan , who married the Daughter and one of the Heirs of Roger de Quincy , Earl of Winchester in England , and his Niece by a Son , brought the same Title unto Henry de Beaumont her Husband : for he , in King Edward the Third his days , had his place in the Parliament of England , by the name of Earl of Buquhan . Afterwards Alexander Stuart , Son to King Robert the Second , was Earl of this place ; unto whom succeeded John , a younger Son of Robert Duke of Albany , who arriving in France with seven thousand Scottish men , to aid Charles the Seventh , King of France , bare himself valiantly , and performed singular good Service against the Englishmen , and that with so great Commendation , as having victoriously slain Thomas Duke of Clarence , Brother to Henry the Fifth King of England , at Baugie , and discomfited the English , he was made Constable of France . But in the third year following , when the fortune of War turned , he with other most valiant Knights , to wit , Archibald Dowglass Earl of Wigton , and Duke of Tourain , &c. was vanquished at Vernoil by the English , and there slain . Whom , notwithstanding as that Poet said , — aeternum memorabit Gallia cives Grata suos , titulos quae dedit & tumulos ▪ France thankfully will ay recount , As Citizens of her own , On whom both Titles glorious , And Tombs she hath bestown . And whereas under the Kings , K. Charles the Sixth and Seventh , France was preserved , and Aquitain recovered , by thrusting out the English , the Frenchmen cannot chuse but acknowledge themselves much beholden to the fidelity and fortitude of the Scots . But afterwards , King James the First gave the Earldom of Buquhan unto George of Dumbar , moved thereto upon pity and commiseration , because he had deprived him before of the Earldom of March by Authority of Parliament , for his Fathers Crime : and not long after , James the Son of James Stuart of Lorn , sirnamed the Black-Knight , whom he had by Queen Joan Sister to the Duke of Somerset , and Widow to King James the 1st obtained this Honour , and left it to his Posterity : but for default of Heirs-male , it came by a Daughter marryed to Robert Dowglass , a younger Brother of Dowglass of Lochlevin , to the Family of the Dowglasses , and so to James Ereskin eldest Son of the Earl of Marr Thesaurer , by his second Wife , Daughter to Esme Duke of Lennox , of whom is descended the present Earl. From Buquhan , as the Shore bendeth backward , and turneth full into the North , lyeth Boena , and * Bamff a small Sheriffdom , also Ajuza a little Territory of no especial account , and Rothamay Castle , the dwelling place of the Barons of Salton , sirnamed Abernethy . Beneath these lyeth Sirathbolgy , that is , the Vale by Bolgy , the Habitation in times past of the Earls of Athol , who of it assumed their sirname ; but now the principle Seat of Marquess of Huntly . For this Title King James the Sixth conferred upon George Gordon , Earl of Huntly , Lord Gordon and Badzenoth , a man of great Honour and Reputation for his ancient nobleness of Birth , and the multitude of his Dependants and Followers ; whose Ancestors descended from the Setons , by Parliamentary Authority , took the Name of Gordon , ( when as Sir Alexander Seton had taken to Wife the Daughter of Sir John Gordon Knight , by whom he had a large and rich Inheritance ) and received the Honour of the Earl of Huntly at the hands of King James the Second , in the year 1445 : his Successor George Marquess of Huntly , was by King Charles the Second about the year 1683 , created Duke of Gordon . In this Shire also did reside the Ogilvies of Findlater , of whom Walter Ogilvie was by King James the Sixth created Lord Deskford : and in the Rolls of Parliament 1633 , he is Ranked immediatly after the Lord Cranstoun , and before the Lords Melvil , Carnegy and Ramsey ; his Son James was created Earl of Findlater by King Charles the First anno 1633 , who marryed his Daughter , and Heiress to Ogilvie of Inch-martine in Perth Shire , an ancient Family of that sirname ; the Son of the Marriage , is James now Earl of Findlater , who doth compet with the Earl of Airly , both for the Antiquity of his Family , and Precedency as an Earl : his second Son Sir James Ogilvie , is designed of Ogilvie , from a Barony which belonged to their Family purchased by him , he is his Majesties Sollicitor , and a Member of this present Parliament , for the Royal Burgh of Cullen . In this Shire , Ogilvie of Dunlaguse , afterward designed Sir George Ogilvie of Bamff , Baronet , descended of the Ogilvies of Boyn also in this Shire , who are Cadets of Findlater , was by King Charles the First , anno 1639 , created Lord Bamff , whose Successor is George Lord Bamff . Sir Alexander Fraser of Philorth , in Right of his Mother Abernethy , Daughter to the Lord Saltoun , was by Grant of King Charles the Second , declared Lord Saltoun , and approven in Parliament 1670 , upon the death of Alexander Abernethy last Lord Saltoun of that sirname , whose Grand-child is William Fraser now Lord Saltoun ; he carries the Arms of Abernethy , quartered with the Arms of Fraser . His Majesty hath nominat the forementioned Sir James Ogilvie , Sheriff of Bamff . CHAP. XXXI . MORAVIA : Or , MVRRAY . THe Vacomagi remembred by Ptolomy , anciently inhabited on the further side of Crantzbain Mountain , which as it were in a continued Range , by Hills hanging one by another ; driveth out his Ridge with many a winding as far as to Murray Firth ▪ where now lyeth Murray , in Latine Moravia , celebrated for the Fertility , pleasant Situation , and commodity of fruitfull Trees . By this Province , Spey a famous River , maketh his Issue into the Sea , wherein he lodgeth , when he hath watered Rothes Castle , whence the Family of the Leslys took the Title of Earl , ever since that King James the Second conferred the Honour of Earl of Rothes upon Sir George Lesly , of whom in the Shire of Fife . Concerning this Spey , the Poet Necham hath thus written . Spey loca mutantis praeceps agitator arenae , Inconstans certas nescit habere vias . Officium lintris corbis subit , hunc regit audax Cursus labentis nauta fluenta sequens . Spey raising heaps of sand amain , That shift oft-times their place , Inconstant he doth change eft-soons , And keeps no certain race . A Panier serves here for a Boat , Some ventrous Swain it guides , Who followeth still the Rivers course , Whild down the Stream it glides . The River Loxa mentioned by Ptolomy , which now is called Losse , hideth himself in the Sea hard by , near unto which Elgin appeareth , in which and in Forres adjoyning , J. of Dumbar of Cumnock , descended from the Stock of the Earls of March and Murray , hath his Jurisdiction as Sheriff by Inheritance , whose Descendent is Alexander Dumbar of West-field , Sheriff of Murray ; his Predecessor Sir Alexander Dumbar of Westfield , Sheriff of Murray , was Son to the last Dumbar Earl of Murray , whose Son James Dumbar , married one of the Heiresses of Patrick Dumbar of Cumnock , descended of the Earls of March , by which Marriage , their Successors had the Barony of Cumnock , and were designed Lairds of Cumnock , till they sold these Lands about the year 1600 , which now belong to the Countess of Dumfreis , and then they resumed their former designation of West-field and Sheriff of Murray . But where Losse is now ready to enter into the Sea , he findeth a more plain and soft Soil , and spreadeth abroad into a Meer full of Swans , wherein the Herb Olorina plentifully groweth , he hath Spiny Castle standing upon it , whereof the first Baron was Alexander , of the Linage of the Lindseys now extinct . Likas Kinloss also a neighbour by , sometime a famous Monastery ( some call it Kill-flos , of certain Flowers miraculously there springing up on a sudden , when the Carcase of King Duff , murdered and hidden in the same place , was found ) had for the Lord thereof Edward Bruce ▪ a Lawyer , and a Commissar of Edinburgh , afterward a Lord of the Session , and Commendator of Kinloss , and Ambassador to Queen Elizaheth , and afterwards Master of the Rolls in England , and of the Kings Majesties Privy Council , whom King James the Sixth created Baron Bruce of Kinloss , about the year 1604 , whose Son was created Earl of Elgin by K. Ch. the 1st . anno 1633 , and a Lord Baron in York Shire : and his Son Rohert was by K. Ch. the 2d , created Earl of Ailshury in England , whose Son doth succeed him in both Dignities . In this Shire also , Sir Alexander Sutherland of Duffus , an ancient Cadet of the Earls of Sutherland , was created Lord Duffus in the beginning of the Reign of King Charles the Second about the year 1651 , whose Son is Alexander now Lord Duffus . Thus much for the shore . More inward , where now standeth Bean Castle , ( thought to be Banatia that Ptolomy mentioneth ) there was found in the year 1460 , a Vessel of Marble artificially engraven , and full of Roman Coin. Hard by is Nardin or Nairn , an hereditable Sheriffdom of the Camphels of Lorn , designed of Caddel , Sir Hugh Camphel of Caddel is the present Sheriff : and Alexander Campbel his eldest Son , is one of the Commissioners for that Shire in this current Parliament : where there stood within a Biland , a Fortress of a mighty hight , built with wonderful Bulwarks , and in times past defended by the Danish Forces against the Scots . A little off is Logh-ness , a very great Lake , as reaching out 23 miles in length , the Water whereof is so warm , that even in this cold and frozen Climat it never freezeth : from which , by a very small Isthim or partition of Hills , the Logh Lutea or Louthea , which by Aher letteth it self forth into the west Sea , is divided . Near unto these Loghs , there stood in old time two notable Fortifications , the one named Iuverness , the other Innerlothea , according to the names of the said Loghs . Iuverness had for Sheriff thereof by right of Inheritance , the Marquess of Huntly , who is of great command hereabout ▪ now at the Kings disposal , Lodovick Grant of Freuchie , commonly designed Laird of Grant a Privy Counseller , and one of the Commissioners for the Shire , is Sheriff thereof . Under the reign of Rohert Bruce , Thomas Randolph his Sisters son , who in his Countries behalf , undertook exceeding great pains and most grievous Quarrels , was highly renowned by the Title of Earl of Murray . Under King Rohert the Second , John of Dumhar took to Wise the Kings Daughter , to make amends for her devirgination , received this Earldom of Murray with her in Marriage . Under King James the Second , William Creighton Chancellor of the Realm , and Archihald Dowglass , were at great variance and eager contention about this Earldom ; when as against the Laws and ancient Customs , Dowglass who had married the younger Daughter of James of Dumhar Earl of Murray , was preferred to the Earldom before Creighton , who had wedded the elder , and that through the powerful Authority that William Earl Dowglass had with the King ; which was so great , that he advanced not only him to the Earldom of Murray , but also another Brother to the Earldom of Ormond ; and made two Cousins of his Earls , the one of Angus , and the other of Morton : but this greatness of his not to be trusted upon , because it was excessive , turned soon after to his own confusion ; under King James the Fifth , his own Brother whom he appointed his Vicegerent in the Government of the Kingdom , enjoyed this honour : and James the base Son of King James the Fifth , received this honour of Queen Mary his Sister : but he requited her ill , when joyning with others of the Nobility and Nation , she was deposed from her Royal Estate and Kingdom ; a President prejudicial to Kings and Princes , which notwithstanding was revenged ; for shortly after he was shot through with a Bullet : his only Daughter brought this Title unto her Husband Sir James Stuart of Down , who was also of the Blood-Royal from the Dukes of Albany : who being slain by his Concurrents , left his Son James to succeed him in this honour . Sir James Stuart of Down , first created Lord Down by King James the Sixth about the year 1581 ; the Successor of the Lord Down and Earl of Murray , is Alexander Earl of Murray , who was Secretary to King Charles the Second , and King James the Seventh , and by the latter , was sent Commissioner to the Parliament 1686. CHAP. XXXII . LOQHUABRE . WHatsoever beyond the Nesse bendeth to the west Coast , and adjoineth to the Lake Aber , is thereupon called Loqhuabre , that is in the ancient tongue of the Britains , the mouth of the Lakes , as what lyeth toward the North is commonly called Ross. Loqhuabre is full of fresh Pastures and Woods , neither is without Iron Mines , but not so free in yielding of Corn , but for most fishful Pools and Rivers , searce inferior to any Country thereabout . At Logh-Lothy , Innerlothy senced with a Fort , and well frequented with Merchants , was of great name and importance in times past , but being razed by the Piracies and Wars of Danes and Norwegians , it hath lien for these many Ages so deserted , that there remained scarce any shew of it . Loquhabre hath had no Earls , but about the year of our Salvation 1050 , there was a Thane over it of great fame , and much spoken of , named Banquho , whom Macbeth the Tyrant , when with Murder and Bloodshed he had usurped the Crown , being fearful and suspicious , caused to be made away ; for that he had learned by a Prophesy of certain Wise-Women , that his Posterity when the Line of Macbeth was expired and extinct should one day obtain the Kingdom , and by a long successive Descent reign in Scotland , which verily hath fallen out accordingly : for Fleanch the Son of Banquho , who unknown in the Dark , escaped the Trains laid for him , fled into Wales , where for a time he kept himself close : and having taken to Wife Nesta the Daughter of Griffith ap Lewellin , Prince of North-Wales , begat Walter ; who returning into Scotland with so great Fame of his Fortitude , repressed the Rebellion of the Islanders , and with as great Wisdom managed the Kings Revenues in this Tract , that the King made him Seneschal , whom they commonly call Stewart of the whole Kingdom of Scotland , whereupon this name of Office imposed the sirname of Stuart unto his Posterity : who spreading throughout all parts of Scotland into a number of noble Branches , after many honours heaped upon them , have flourished a long time , and from out of them three hundred and twenty four years ago , Robert Stuart by Marjory his Mother , Daughter to King Robert Bruce , obtained the Kingdom of Scotland : and James Stuart of that name , the sixth King of Scots , by Margaret his great Grand-Mother , Daughter to King Henry the Seventh ( the Divine power of that most High and Almighty Ruler of the World so disposing ) ascended with the general Applause of all Nations to the hight of Monarchial Majesty , over all Britain and the Isles adjacent . In the Shire of Inverness , Aeneas Macdonald Laird of Glengarie , was by King Charles the Second created Lord Macdonald , about the year 1661 , the Patent being granted to Heirs-male of his Body , doth not descend upon his Successor the Laird of Glengarie . CHAP. XXXIII . ROSSIA . THe Province Ross , so called by an old Scottish word , which some interpret to be a Promontory , others a Biland , was inhabited by the people named Cantae ( which term in effect implieth as much ) in the time of Ptolomy . This extendeth it self so wide and large , that it reacheth from the one Sea to the other , what way it beareth upon the Vergivian or western Ocean , by reason of huge swelling Mountains advancing their heads aloft , and many Woods among them : it is full of Stags , Roe-Bucks , Fallow-Deer , and wild Fowl ; but where it butteth upon the German Sea , it is more lovely bedeck'd with Corn-fields ane Pastures , and withall much more civil : in the very first entrance into it , Ardmanoch no small Territory , whereof the second Sons of the Kings of Scotland bear the Title , riseth up with high Mountains that are most trusty preservers of Snow : as touching their hight some have reported strange Wonders ; and yet the ancient Geometers have written , that neither the depth of Sea , nor hight of Hills , exceed by the Plumb-Line ten S●adia , that is one Mile and a quarter ; which notwithstanding , they that have beheld Tenariff amongst the Canary Islands , which is fifteen Leagues high , and sailed withal the Ocean near unto them , will in no ways admit for truth . In this part standeth Lovat Castle , and the Barony of the worthy Family of the Frasers , whom for their singular good service for the Scottish Kingdom , King James the 2d . accepted into the Rank of Barons , whose Descendant at present is Hugh Lord Lovat , and whom the Clan-Ranalds a most bloody Generation , in a Quarrel and Brawl between them , had wholly destroyed every Mothers Son ; but that by the Providence of God , fourscore of the principal persons of this Family , left their Wives at home all great with Child , who being delivered of so many Sons , renewed the house , and multiplied the name again . But at Nesse-mouth , there flourished sometimes Chanonrie , otherwise called Fortrose , a Burgh-Royal , so called of a rich Colledge of Chanons , whiles the Ecclesiastical State stood in Prosperity , in which there is erected a See for the Bishop of Ross. In this Country resided the Laird of Kintail , or Mckenzie ; in an unprinted Act of Parliament 1593 , Colin Mckenzie of Kintail , is mentioned : and in the Convention of Estates 1598 , the Laird of Mckenzie is a Member : amongst the Commissioners under the Great Seal , for holding the Parliament 1607 , Kenneth Mckenzie of Kintail , is mentioned : and also amongst the Commissioners for holding the Parliament 1609 , Colin Mckenzie of Kintail , is named : and also in a Sederunt of the same Parliament , the Laird of Mckenzie is ranked inter Barones and Commissioners of Shires . It seems shortly after tha● time , and before the year 1612 , the foresaid Colin was created Lord Kintail ; for in the Rolls of Parliament 1617 , Kintail is ranked after Garleis and Madertie , and before the Lord Cranstoun and Carnagie , and the Lord Cranstoun is the last Lord in the Rolls of Parliament 1612 : in like manner in the Rolls of Parliament 1621 , Kintail is after Garleis and Cowper , and before Cranstoun and Carnagie . Colin Lord Kintail December 3. 1623 , by K. James the Sixth , was created Earl of Seaforth , his Grand-nephew is Kenneth Earl of Seaforth . Hard by is placed Cromarty , where Vrquhart a Gentleman of noble Birth , by hereditary Right from his Ancestors , ministred Justice as Sheriff to this Sheriffdom : and this is so commodious and safe an Harbour for any Fleet , be it never so great , that both Sailers and Geographers name it Portus salutis , that is , the Haven of Safety . Sir Roderick M●kenzie , a Son of the Laird of Kintail , was married to the Heiress of Mcleod of the Lews , of which Marriage was Sir John Mackenzie Baronet , who married Dame Margaret Ereskin , one of the Daughters and Coheirs of Sir George Ereskin of Innerteil , one of the Lords of Session , and Grand-child to the Lord Ereskin : Sir George Mckenzie of Tarbat Baronet , their Son , was a Lord of the Session , by the first nomination and settlement of the Judicature by King Charles the Second after his Restauration in anno 1661 , in the year 1678 , he was by the same King appointed Justice General ; and thereafter in the year 1681 , constitute Lord Register , and continued in that Office during the Reign of King Charles the Second , and King James the Seventh : and in the year 1685 , was created Viscount of Tarbat , Lord Mcleod and Castle-haven , and is present Lord Register to his Majesty King William : and he having purchased the Lands of Cromartie , and Sheriffship thereof , procured the enlargement of this Shire by Act of Parliament , as did Sir William Bruce the Shire of Kinross . Above it is Littus Altum , whereof Ptolomy maketh mention , called now as it seemeth , Tarharth : for there indeed the Shore riseth to a great hight , enclosed on the one side with Cromer , a most secure and safe Haven ; and on the other with Colnius , now Killian the River , and thus much of the places toward the East Ocean . Into the West Sea the River Longus mentioned in Ptolomy , at this day named Lough Longus , runneth : then the Cerones anciently dwelt , where now is Assinshire , a Country much mangled with many In-lets and Arms of the Sea , inbosoming it self with manifold Commodities . As for the Earls of Ross , it is full of difficulty to set them down in order successively out of Writers . In the Reign of King Alexander the Second , we read that Ferquhard flourished and enjoyed this Title , but for default of issue Male , it came by a Daughter to Walter Lesly , who for his noble feats of Arms , courageously atchieved under Lewis the Emperour , was worthily named the Nohle Knight : he begat Alexander Earl of Ross , and a Daughter married unto Donald Lord of the Islands Hebrides . This Alexander had issue one only Daughter , who made over by her Deed , all her own Title and Right unto Robert Duke of Albany ; whereat the said Donald of the Islands being highly incensed , and repining , Stiled himself in the Reign of James the Third , King of the Islands , and Earl of Ross ; having with Fire and Sword , laid waste his native Country far and near . At length , the said King James the 3d , by Authority of Parliament in the year 1476 , annexed the Earldom of Ross to the Crown , leaving only to him the Title of Lord of the Isles , so as it might not be lawful for his Successors , to alienat by any means from the Crown , either the Earldom it self , or any parcel thereof ; or by any device to grant the same unto any person , save only to the Kings second Sons lawfully born : and so Charles afterward King , during the Life-time of his elder Brother Prince Henry , enjoyed the Title of Earl of Ross. This Country hath lately been erected in a Sheriffdom , the Sheriffship whereof is at the Kings disposal : and David Ross of Balnagoun is present Sheriff , lineally descended of Hugh Ross of Rarichies , lawful Son to Hugh Earl of Ross , and Brother to Earl William the last of that sirname , and to Eupham Queen of Scotland Dingwal was the Seat of the Earls of Ross , and is now a Burgh Royal. Andrew Keith one of the Commissioners , sent anno 1589 , to treat a Marriage betwixt King James the Sixth , and Anna then Princess of Denmark , afterwards Queen , was created Lord Dingwal . In the Rolls of Parliament 1621 , the Lord Dingwal is Ranked after the Lord Holy-rud-house , and before the Lord Garleis , who behoved to be of a latter Creation , I suppose of the sirname of Preston of the Family of Craigmiller , of whom perhaps the Duke of Ormond is descended . In this Shire is also Tayn a Burgh Royal. CHAP XXXIV . SUTHERLAND . BEyond Ross , Sutherland looketh toward the East Ocean , a Land more meet to breed Cattel , than to bear Corn ; wherein there be Hills of white Marble , ( a wonderful thing in this so cold a Climat ) but of no use almost , considering excess in Building , and that vain ostentation of Riches , is not yet reached to these remote Regions . Here is Dunrobin , a Castle of very great Name , the principal Seat of the ancient Earls of Sutherland , descended of the Family of Murray : among whom , one William under King Robert Bruce is most famous , who married the Sister of the whole Blood to King David , and had by her a Son , whom the said David declared Heir Apparent of the Crown , and compelled his Nobles to swear unto him Alledgeance : but he within a little after departed without Issue , and the Earldom in the end came by a Daughter and Heir hereditarily unto Adam Gordon , one of the Line of the Earls of Huntly , of whom is descended George , present E. of Sutherland : this Dignity by the Decreet of Ranking anno 1606 , being placed after the Earls of Argile , Crawford , Errol and Marshal ; the Earls of Sutherland have quarrelled that Ranking , and claimed Precedency of these other Earls by Citations in Processes & Protestations in Parliament , & in the last Session of Parl. 1693 , the said E. did by Petition , apply to the Parliament to have his Precedency declared , which was remitted to be judged by the Lords of Session , before whom the Process at his Instance against these Earls is depending . This Country was in the year 1633 , Erected in a Sheriff-ship , to belong heretably to the Earls of Sutherland , who also have there the Jurisdiction of Justiciar and Admiral : and because there are but few of the Heretors who hold of the King , and not of the Earl , by particular Priviledge they are allowed to Choise their Commissioners to represent them in Parliament , such as are not free Tennents holding of the King , but only Vassals holding of the Earl. Dornock is now become a Burgh Royal , and Seat of the Sheriff . CHAP. XXXV . CATHANES . HIgher lyeth Cathanes , butting full upon the said East Sea , bending inward with a number of Creiks and Compasses , which the Waves as it were indent : in which dwelt in Ptolomy's time the Catini , but written falsly in some Copies Carini , among whom the self fame Ptolomy placeth the River Ila , which may seem to be the Wifle at this day . The Inhabitants of this Province raised their greatest Gain and Revenues , by Grazing and raising of Cattel , and by Fishing : the chief Castle therein is called Girnego , in which the Earls of Caithness for the most part make there abode : the Bishops See is in Dornock , a little mean Town otherwise ; where also King James the Fourth appointed the Sheriff of Caithness to reside , or else at Wike as Occasions shall require , for the Administration of Justice . The Earls of Caithness in antient times , were also Earls of the Orcades , but at last they became distinct , and by the eldest Daughter of one Malise , given in Marriage to William Sinclar the Kings Pantler , his Heirs successively came to be Earls of Caithness , and do still enjoy the same Honour , of whom is descended George now Earl of Caithness . The Earl of Braid-Albion having purchased the greatest part of the Estate of Caithness , is Sheriff of this Shire . CHAP. XXXVI . STRATH-NANERN . THe utmost and farthest Coast of all Britain ; which with the Front of the Shore looketh full against the North Point , and hath the midst of the greater Bears Tail , which as Cardan was of Opinion , causeth Translations of Empires , just over head , was inhabited as we may see in Ptolomy , by the Carnabii , among whom he placeth the River Nabeus , which names are of so near Affinity , that the Nation may seem to have drawn there Denomination from the River that they dwelt by : neither doth the modern name Strath-Navern , which signifieth the Valley by Navern , jar altogether in sound from them . The Earl of Sutherland is Superior of this Country , and his eldest Son is designed from it Lord Strathnaver . The chief Inhabitants here are the Mackeys , who were designed from their Lands of Fare ; but about the year 1625 , Sir Donald Mackey was designed of Strathnaver , and made a Baronet , & in the year 1631 , was created Lord Rae , from a place belonging to him in the Country of Caithness , holding of the King ; he was imployed by Gustavus K. of Sweden in his Wars : George Lord Rae is his great Grand-child ; of whose Grand-uncle by the Mothers side : Lieutenant General Hugh Mackey , descended of the same Stock and Linage ; it is reasonable to make mention , he was one of the Captains of Dowglass Regiment , who for his Service to the Venetians , did from them receive a Medal of considerable value ; he continued in that Regiment and the French Service , till they had made their Conquests of some of the united Provinces in the year 1672 : and then being imployed by the States , he was at the Siege of Grave made Lieutenant Collonel , and thereafter Collonel ; in the year 1685 , his Regiment & others were called over to England by K. Ja. the 7th , to oppose the D. of Monmouth , when he was made General Major ; in the year 1688 , he did attend and assist his Majesty in his Expedition to Britain , and in anno 1689 , was sent to command the Forces in Scotland , where albeit he had not good Success at Gillicharnkie , yet by his great Fidelity and Diligence , he settled Garisons at Inverlochy and other places of the High-lands , which laid the Foundation of the settlement of these Countries , and then was appointed to Command in Ireland , where with great Courage , amongst the first to encourage the Souldiers under him , he Waded through the River , whereby they gained the Town of Athlone , & did signalize his Courage and Conduct at the Battle of Aghrim , and in the other parts of that War , till the Reduction of the whole Kingdom ; which by the acknowledgement of his Fellow Great Captains and Commanders , was in a great measure due to him ; for which Service , he was made Lieutenant General : and with the Duke of Wirtemberg , having Commanded at Steenkirk , was near the beginning of that Action , unfortunatly slain with James Lord Angus , and Sir Robert Dowglass of Glenbervie , both Collonels and Heirs of these two noble Families of the Dowglasses , and representing the Valour of their many Predecessors the Dowglasses , the last of whom slain in Flanders , was L. Ja. Dowglass Mareschal of the Camp , Grand-Uncle to the Lord Angus of the first Marriage , immediat elder Brother to the last Duke Hamilton : in which Action also , were many other brave Scottish Officers concerned , and of them a great part killed , or wounded ; and amongst the rest , Lieutenant Collonel Aeneas Mackey Uncle to the Lord Rae , was wounded , who succeeded as Collonel to the Lieutenant General his Uncle , to whom both he and Collonel Robert the younger Brother , were Disciples in the War , and in recompense of the Dangers undertaken , and Wounds they received , are advanced to the Commands they now worthily Exerce . The Country it self is for the Soil nothing fertile , and by reason of the sharp and cold Air , less inhabited , and thereupon sore haunted and annoyed with most cruel Wolves ; which in such violent rage , not only set upon Cattel , to the exceeding great damnage of the Inhabitants , but also assail men with great danger ; and not in this Tract only , but in many other parts likewise of Scotland , in so much as by vertue of an Act of Parliament , the Sheriffs and Inhabitants in every Country , are commanded to go forth thrice a year a Hunting , for to destroy the Wolves and their Whelps . But ( if in this so northerly a Country , this be any comfort to speak of ) it hath of all Britain again , the shortest night and the longest day : for by reason of the position of Heaven , here distant from the Aequinoctial Line 59. Degrees and forty Minuts , the longest day containeth 18 hours and 25 Scruples : and the shortest night not above five hours and 45 Scruples : so that the Panegyrist is not true in this , who made report in times past , That the Sun in manner setteth not at all , but passeth by , and lightly glanceth upon the Horizon ; happily relying upon this Authority of Tacitus , for that the extream Points and plain Levels of the Earth , with their shade so low , raised up no darkness at all . But more truly Pliny ( according to true reason ) where he treateth of the longest days , according to the inclination of the Suns Circle in the Horizon . The longest days ( saith he ) in Italy are 15 hours , in Britain 17 , where the light nights do prove , that undoubtedly by experience , which reason forceth credibly , that in Mid-summer days , when the Sun approacheth near to the Pole of the World , the places of the earth under the Pole have day 6 Months , though the Light having but a narrow compass , the night contrarywise when he is far remote in middle Winter . In this utmost Tract , which Ptolomy extendeth out far East , whereas indeed it beareth full North ( for which Roger Bacon in his Geography taxed him long since ) where Tacitus said , That an huge and enorm space of Ground , running still forward to the farthest Point , groweth narrow like a Wedge . There run out three Promontories mentioned by the old Writers , namely Berubium , now called Vrdehead , near to Bernswal a Village : Virvedrum now Dunsby , otherways named Duncansbay , which is thought to be the most remote Promontory of Britain . Orcas now named Howburn , which Ptolomy setteth over against the Islands Orcades , as the utmost of them all : this also in Ptolomy is called Tarvedrum and Tarvisium , and so named as is conjectured , because it is the farthest end of Britain : for Tarvus in the British tongue , hath a certain signification of ending . CHAP. XXXVII . The Stewartry of ORKNAY , and the other Northern and Western Isles . I Do not design to treat particularly concerning the Isles of Scotland , where I can find little to my purpose of Jurisdiction , Nobility , or Burghs Royal : and as to these , I leave the Reader to Straloch and Scots-Tarbat , who made very particular Descriptions of them , published in Latine at Amsterdam in the year 1654 ; and to Mr. Adairs Geography not yet fully ended , which is expected will be exact in relation to them : only something I would add first concerning the Northern Isles , called the Orcads and Shotland , who have been longer in the possession of the Kings of Denmark and Norway , than any other of the Scottish Isles . In the year 1320 , amongst the Barons of the Kingdom of Scotland , who in the Reign of King Robert Bruce , wrote to Pope John , is , Magnus Comes Cathaniae & Orcadiae . To these Earls succeeded the Sinclars Earls of Orknay , the last of whom was William Sinclar Earl of Orknay , and Chancellor to K. James the Second , whom in the year 1456 , resigned the Lordship of Nithsdale to the King , and in place thereof , got the Earldom of Caithness . King James the 3d , got a further Right to these Isles , by his Marriage with the K. of Denmarks Daughter ; which Right was renewed and became compleat , and absolute by K. James the Sixth , his Marriage with the Princess of Denmark ; by which King , Robert Stuart Earl of Coldinghame , descended of a natural Son of King James the Fifth , was created Earl of Orknay ; his Successor Patrick E. of Orknay , anno 1614 , was foresaulted These Countries were erected in a Stewardship , and the Rents thereof managed by a Steward named by the King , and payed in to the Exchequer : to represent this Stewartry two Commissioners are sent to the Parliament , and Kirkwal is the head Town thereof , and Burgh Royal : there was also here a Bishop , last of the Province of St. Andrews , and a Commissar or Official under him . As concerning the Western Isles commonly called the AEbudae , and the Hebrides ; they were the ancient possessions of the Scots , in their first inhabiting from Ireland , as doth appear from our Historians , and particularly Chronicon de Melross , that in the year 1098 , Magnus the Son of Olavus , King of Norway , added the Isles Orcadae and Menaniae to his Kingdom , which happened by the Wars and Divisions after the Death of Malcolm Canmore , betwixt Donald Bain his Brother , and Duncan his Bastard Son , who usurped the Crown , and were expelled , and Edgar his eldest Son alive , settled on the Throne ; since which time , there were Feudatory Kings or Princes of the Isles , generally depending on the Kings of Norway , and sometimes upon the Kings of Scotland , till the year 1263 , or 1263. that the Danes in the Reign of Alexander the Third , were defeat at the Battle of Largs in Cunninghame , and driven out of the Isles as hath been said . Donald Earl of Ross , in the Reign of King James the Second , with the Earls of Dowglass and Crawford , joyned in Arms against the King ; and doing the like against King Iames the Third , ( designing himself King of the Isles ) was in the year 1476 Forefaulted , and the Earldom of Ross annexed to the Crown , to be enjoyed by the second Sons of the Kings of Scotland , leaving only to him the Title of L. of the Isles , as hath been said before : which is the only Dignity of L , I have observed to have been taken from the Isles . These Isles had also a Bishop , who was called Sodorensis , from his Seat and Church in the Isle of Man ; bnt since that Isle did belong to the English , his Seat hath been at Icolmkill , he was of the Province of Glasgow , and had likewise an Official or Commissar under him . I shall conclude this Treatise with a Note of the Charter by King Malcolm the Fourth anno 1159 , at Rokesburg , confirming a Charter granted by King David the First , his Grand-Father , of the Abbacy of * Seleschirke , which is narrated to have been Founded by him , when he was Earl , in the Life of his Brother King Alexander the First , who died in the 1124 : and that King David by the Advice of John Bishop of St. Andrews , translated the Abbacy from this place to * Kelcho ; which Robert the succeeding Bishop of St. Andrews , in whose Bishoprick it was granted , the Abbacy freedom from all Episcopal Service ; and that the Abbots might be ordained by any Bishops in Scotland or Cumberland . The Witnesses to the Kings Charter , are Herbert Bishop of Glasgow , William Bishop of Murray , Gregory Bishop of Dunkeld , William and David the Kings Brothers , Ada his Mother , Jeffery Abbot of Dumfermling , Osbert Abbot of Jedworth , Amfrid Abbot of Newbottle , Ailvred Abbot of Stirling , Walter Cancellarius , Robert Prior of St. Andrews , Matthew Arch-Deacon of St. Andrews , Thor. Archi-Diacon . Laodoniae , Herber . Camerarius , Nic : Clericus , Ric : Cappellanus , Walterus Clericus Cancellarii , Joannes nepos Episc : Roberti , Godredus Rex Insularum , Cospatricius Comes , Ferteth Comes , Dunc : Comes , Uthredꝰ filius Fergusii , Gilbertꝰ de Vmfravil , Will : de Somervel , Ric : de Morevil , Ranulphus de Soulis , David Olyphard , Ric : Cumin , Robertus Avenal , Will : de Morevil , Will : Finimund , Walterus Corbet , Asketi de Ridala , Henricus de Perth , Vlphus filius Maccꝰ . This Charter is special , both because of the Antiquity related to , and the great number of famous and considerable Witnesses , and especially of the King of the Isles , ( whom I just now mentioned ) before four Earls , and albeit the Earl of Angus be only designed by his Earldom , yet the other three were certainly Cospatricius Earl of Dumbar , or March , Ferteth Earl of Strathern , who was Father of Gilbert before mentioned , and Duncan Earl of Fife , and Vchtred was Lord of Galloway , and Father of Rolland . This Note I took from the Principal Charter , which if I had at hand , I would have inserted the Tenor , and the Initial Letters as they are Gilded , containing the Effigies and Regalia of the Kings David and Malcolm . This Charter is again confirmed by King William , formerly mentioned the Kings Brother , to whose Charter the Witnesses are Joceline Bishop of Glasgow , Earl David my Brother , Archibald Abbot of Dumfermling , Hugo Cancell , Simon Archi-Diacon . Glasc . William Morevil Constab. meus , Robert de Londonys , Rolland filius Vthredi , William de Linddeseys , Malc . filius Comitis Dunecani , Phil. de Vallonys , Allanꝰ filius Walteri Gervosius de Avenel , Constab : de Rockesburg , Walter Corbet , Ranulphus de Soules , Herb. de Maxhwill , Tho. de Colvil , Rob. de Phil. de Setune , Herb. Maresc . Earl David was Earl of Huntingtoun in England , and Garviath or Garrioth in Scotland , of whom our Kings are Lineally descended : as also Allan the Son of Walter , of whom before concerning the Stuarts of Scotland . Amongst these Witnesses are also the Predecessors of the Earls of Crawford , Nithsdale , and Winton . And now having gone through the whole Countries of Scotland , according to the Method of the Author , I conclude . FINIS . Notes, typically marginal, from the original text Notes for div A32776-e1310 Highlandmen . Lawlandmen . Bishopricks . * Whiterne , Thanes , Knights , Gentlemen . Parliament . * Domini pro articulis . The Session . Mckenzies Precedency . page . 37. Courts of Criminal Matters . ● . Royal. The Shire of Roxburgh . Dowglas of Cavers . Spotswood Hist. of the Church of Scotland . lib 7. page 476. E. Roxburgh . L. Jedburgh . ● . Ancrum . E. Teviot . L. Rutherfoord V. Teviot . Mackenzies precedency pag. 48. D. Buckcleugh The Shire of Peebles E. Tweddale . E. Traquair . 1. Elibank . The Shire of Selkirk . Philiphaugh . E. Selkirk . E. Lawderdale . E. Hume . L. Mordingtoun . E. Merch. L. Eymouth . L. Polwarth . Lothian . * Florilegus . The Shire or Constabulary of Haddingtoun . B. Royal. E. Dunbar . V. Dunbar . E. Tweeddale . E. Royal. 1548. V. Haddingtoun . E. Haddingtoun . Athelstanford . Bodotria . E. Forth ▪ Tantallon . * B. Royal. V. Fenton . E. Dirltoun . V. Belhaven . L. Belhaven . Soland Geese , which seem to be Plinies Picarniae . E. Winton . E. Dumfermling . V. Kingstoun . The Shire of Edinburgh . L. Borthwick . E. Lothian . L. Cronstoun . V. Oxenford . V. Prestoun . L. Dalhousie . L. Naper . * Procurator . * Votum susceptum solvit lubens merito . Apollo Granus . Edinburgh , the Metrapolitan City . L. Holy-rud-house . L. Ballenden . L. Cameron . L. Cramond . L. Forrester . Oppidum Eden . Leith . V. New-Haven . The Shire of Linlithgow . * B. Royal. E. Abercorn . Blackness . B. Royal. E. Linlithgow . L. Torphichen . Hoptoun . Liddesdale . L. Bothwel . This Stewarttry lyes in Dumfreis Shire B. Royal. B , Royal ▪ L. Annandale E. Carrick . V. Annan . E. Annandale Murray . E. Hartfield . E. Annandale Johnstoun . The Shire of Dumfreis . B. Royal. E. Dumfreis . D. Queensberry L. Tothorwald B. Royal. E. Morton . E. Nithsdale . L. Hereis . Glencairn . The behaviour of Scotish Borderers . Galloway : The Stewartrie of Kirkcudbright . B. Royal. L. Kirkcudbright . V. Kenmore . B. Royal. The Shire of Wigton . B. Royal. E. Wigtoun . Leucopibia . B. Royal. * O 〈…〉 piers . Hern a House or Habitation . B. Royal. Lords of Galloway . Constable of Scotland . E. Galloway . The Shire of Air. Baillairy of Carrick . Berigonium Bargeny . E. Cassils . L. Bargenie . Earls of Carrick . Book of Melrosse . Stuart , E. Carrick . The Shire of Air , Kings-kyle and Kyle-stewart . B. Royal. L. Uchiltrie . V. Stair . E. Dundonald . The Shire of Air. Baillarie of Cunninghame . E. Lowdoun . E. Kilmarnock . B. Royal. E. Irwine . V. Irwine . E. Eglington . E. Glencairn ▪ Rothsay Castle . B. Royal. Sheriff of Bute . E Crawford . L. Somervel . E. Carnwath . Douglasse . E. Dowglasse . M. Dowglass . L. Carmichael . B. Royal. Ballendens Translation of Boetius Hist. Book 12. Chap. 5. D. Hamilton . E. Bothwel . L. Blantyre . B. Royal. B. Royal. Shire of Renfrew . B. Royal. L. Cathcart . L. Darnley . L. Ross. L. Pasley . L. Semple . L. Glasford . L. Areskine . Walter the Son of Allan Dapifer Regis , Founder of the Abbacy of Pasley . Allan Dapifer . Chronica de Melross & Fordon . Walter Stewart and Justiciar of Scotland . Chron. de Melross . Alexander Stewart of Scotland . James Stewart of Scotland . Prinns Hist. page 649. anno 24. Ed. 1. Sir John Stuart of Bute . Walter Stuart of Scotland . Robert Stuart of Scotland , & E. of Strathern K. R. 2. The Shire of Dunbarton . Al-Cluyd . B. Royal. R. Hoveden . Earls of Lennox . A Troop of Scots in France . D. Lennox . Lords of Aubigny . Paradine . E. Dunbarton . The Shire of Stirling . God Terminus God Terminus . Aug. de Civ . Dei l. 4. c. 29. The Wall of Antoninus Pius . * Cohors prima Hamiorum . Ninius . Abereorn . Grahams dyke . Duni-Pacis . V. Kilsyth . Arthurs Oven . Corta Damniorum . Buchananus Scotus . E. Callender . E. Wigtoun . L. Elphingstoun . B. Royal. Battle of Banock-burn . Alauna . E. Stirling . Caledon Forrest . Ulysses his Altar . Caledonian Bears . Caledonian Bulls . Galgacus the Brittain . * Triadum . Argetocoxus . The Shires of Clackmannan and Kinross . Shire of Fife . B. Royal. L. Colvil . E. Kincardine . B. Royal. E. Dumferming . B. Royal. E. Kinghorn . B. Royal. E. Dysert . L. Sinclar . E. Levin . E. Weyms . L. Burntisland . B. Royal , B. Royal V. Falkland . B. Royal. L. Balmerinoch . L. Lindoris . L. Balvaird E. Fife . * Colpindach● . E. Rothes . D. Rothes . L. Burghly . E. Melvil . E. Belcarrras . E. Kelly . E. Newburgh . L. Abercromby . L. New-wark . Burghs Royal In Perth-shire E. Perth . L. Maderty . V. Strathallan . M. Athol . L. Oliphant . E. Kinnoul . L. Innermeth . Stuart Earl of Strathern . L. Doun . V. Dumblain . L. Rollo . Earls of Monteith . Graham E. of Monteith . Graham E. of Strathern . E. Monteith , or Airth . M. Montross . L. Cardross . Inscription of Macduffs Cross. The Shire of Argile . E. Argile . E. Melfort . B. Royal. In the Shire of Argile . L. Kintyre . In the Shire of Argyle . Lochaber : Lib : 3 : cap : 4 : Bed : Hist : Ecclesiast : S. G : Mackenzie against St : Asaph , and Dr : Stillingfleet . In Perth Shire D : of Albanie : Earl of Braid-albine . The Shire of Perth . Earl Athol . Marquess Athol Earl Dunmore . Lord Nairn . Burgh-Royal . Lord Dunkell . Gillichrankie . Burgh-Royal . L. Methven . E. Gowry . L. Ruthven . V. Stormonth . E. Arrol . L. Kinnaird . The Shire of Forfar . E. Kinghorn . E. Strathmore . B. Royal. L. Gray . L. Forfar . E. Forfar . B. Royal. Hector Boetius . E. Dundee . V. Dundee . B. Royal. * Red-head , a Promontory . E : Southesk . E : Ethie . E : Northesk . B : Royal. E : Panmure . B : Royal. M : Montross : E : Airlie : E : Angus : Douglass E : Angus : L : Couper : The Shire of Kincardin : Dunnotyr Castle : E : Mareschal : John de Fordon : St : Palladius : V : Arbuthnet : L : Halcartoun : E : Middletoun B : Royal : See Chap : 8 : pag : 49 : * Tacitus vit : Agric : c : 22 : Tertius expeditionis annus novas gentes aperuit : vastatis usque ad Taum ( aestuarii nomen est ) nationibus Agricola in fines Horestorum exercitum deducit : ibi acceptis obsidibus praefecto circumvehi Britanniam praecepit , &c. Sir George Mckenzies Answer to the B : of St : Asaph , pag : 77. 78 , 79 : In the Shire of Aherdene : E : Mar : L : Forbois : * B : Royal : * Bede , and our Writers called them in Latin Isicii : Earls of Marr. L : Pitsligo . L : Fraser . E : Kintore . B : Royal. B. Royal. B : Royal. E : Aberdeen . V : Aboyn . E : Aboyn . V : Frendraught . L : Ythan . In the Shire of Aberdeen . Cummin E. of Buchan . Stuart E. of Buchan . Ereskin E. of Buchan . In the Shire of Bamff . * B : Royal. L. Abernethy of Salton . D : Gordon . E : Findlater . B : Royal. L : Bamff . L : Saltoun Fraser . The Shire of Elgin . E : Rothes . B : Royal. B : Royal. Dumbar of Westfield Sheriff of Murray . L : Spenzie . E : Elgin . L : Duffus . B : Royal , and Shire of Nairn . B : Royal. The Shire of Iuverness . E : Murray . Dumbar E. of Murray . Stuart Earl of Murray . In the Shire of Inverness . Banquho Thane of Loquhabre . L : Macdonald . The Shire of Ross. L : Ardmannoch . L : Lovat . B : Royal. E : Seaforth . The Shire of Cromarty . V : Tarbat . Earls of Ross. B : Royal. L : Dingwal . B : Royal. The Shire of Sutherland . Earls of Sutherland . B : Royal. The Shire of Caithness . B. Royal. E. Caithness . E. Caithness . In the Shire of Sutherland . L. Rae . The Stewartry of Orknay . E. Orknay . B. Royal. The Western Isles . * Selkirk * Kelso 
A45672	----	Nahash redivivus in a letter from the Parliament of Scotland, directed to the Honorable William Lenthal, Speaker of the House of Commons examined and answered by John Harrison. Harrison, John, of the Inner Temple. This text is an enriched version of the TCP digital transcription A45672 of text R9915 in the English Short Title Catalog (Wing H894). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 51 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A45672 Wing H894 ESTC R9915 11811122 ocm 11811122 49520 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45672) Transcribed from: (Early English Books Online ; image set 49520) Images scanned from microfilm: (Early English books, 1641-1700 ; 495:26) Nahash redivivus in a letter from the Parliament of Scotland, directed to the Honorable William Lenthal, Speaker of the House of Commons examined and answered by John Harrison. Harrison, John, of the Inner Temple. 23 p. Printed for Thomas Brewster ..., London : 1649. Attributed by Thomason to John Harrington. Reproduction of original in Huntington Library. eng Scotland. -- Parliament. -- Letter from the Commissioners of the Kingdome of Scotland ... to W. Lenthal. A45672 R9915 (Wing H894). civilwar no Nahash redivivus in a letter from the Parliament of Scotland, directed to the Honorable William Lenthal, Speaker of the House of Commons. Ex Harrison, John, of the Inner Temple 1649 9963 14 0 0 0 0 0 14 C The rate of 14 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-08 TCP Assigned for keying and markup 2004-10 SPi Global Keyed and coded from ProQuest page images 2004-11 Judith Siefring Sampled and proofread 2004-11 Judith Siefring Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion Nahash Redivivus IN A LETTER FROM The PARLIAMENT of SCOTLAND , Directed to the Honorable William Lenthal , Speaker of the House of COMMONS . Examined and Answered , by John Harrison of the Inner-Temple Esquire . 1 Sam. 11.2 . And Nahash the Amonite said unto them , On this condition will I make a Covenant with you , that I may thrust out all your right eyes . Vers 11. Saul put the hoast in three companies , and they came into the midst of the hoast in the morning watch , and slew the Amonites til the heat of the day ; and it came to pass that they which remained were scattered , so that two of them were not left together . Si pars una faedus violaverit , poterit altera a foedere discedere , nam capita foederis singula conditionis vim habent . H. Grot. in lib. 2. de jure belli & pacis Cap. 15. N. 15. Si vel tantillum ex dictis pars alterutra transgrederetur rupta fore pacta . Eodem in loco ex Thucydide . LONDON , Printed for Thomas Brewster , and are to be sold at the three Bibles in Creed-Lane , neer the West-End of Pauls . 1649. Nahash Redivivus In a Letter from the PARLIAMENT of SCOTLAND , Directed to the Honorable William Lenthal Esquire , Speaker of the House of COMMONS . ALthough it may perhaps seeme strange to those who having taken the boldness to believe themselves men , and in that belief to make use of their own Reason , and by the exercise thereof have formed to themselves right apprehensions of things and men , and have seen through those masks and pretences of Religion , Covenant and Reformation , by which our ill Neighbours on the other side of Tweede have endeavoured to vail and muffle themselves , while they pursued their own Interest : That either precious time should be spent , or good paper so ill employed as take notice of their late Letter from their Parliament misdirected , and therefore perhaps ought not to have had publick reception , much less an answer . Yet for that there are many good souls amongst us , ful of integritie and piety , and whose zeal to the Common wealth of England is as warm , and their affections as real as any others , according as they apprehend , who yet come not beyond that infant rate of Illumination and Reformation of Presbytery ; and therefore while they are under that Scottish Mist , and Calidonian darkness , are in great danger of seducement , and of being imposed upon by those , who march behinde , that Stalking horse to shoot their Game dead , and of being made by them to serve turns , perfectly opposite to their own good intentions , and promote Interests destructive to the Common-wealth of England and the good of the people in it : to which ininconveniency their candor and innocency alone would never have subjected them , if they would but have acted as men , and have taken the pains to prove , and examine all things , and not have suffered themselves to be led blindfold by those Blind-guides amongst us , especially a few wretched ones here in London , the Antisignani of the Appollyonists , who wear a black garment to deceive , by whom they are made believe that the blessed Reformation in Scotland , and the happy Government there , is purely Evangelical , and according to the minde of Christ , and that all is Gospel that comes from thence ; to which belief experience hath shewed us , that we have many honest men , though sufficiently weak , as firmly glewed , as any poor , wretched , and perhaps well-meaning Papist is to believe , that all is Canonicall which the Roman Consistory shall resolve , that Vrim and Thummim are the linings of the Popes Pall , and that Oracular verity is as clearly and frequently spoken now from his Chair , as it was of old from between the Cherubims . For the sake therefore of poor honest Presbyterians , whose weakness apprentizing their judgments to their Teachers , and they for Interest causing them to depend upon a forraign State , makes them as dangerous to this Common-wealth , besides their intentions , as those are intentionally , who are acted from Rome , I shall for their sakes , and caution to them , crave leave of those that need it not a little to examine this Scots Letter , and upon that occasion to offer some light to those who are benighted in a fog of that land of darkness . And although I very well understand what the power of prejudice is , and of what difficulty to remove ; and that it is not an easie matter to dispel those suffusions , or couch those Cataracts that have been growing upon our Eyes from our birth ; yet for that the intellectual Organ ( pardon the abuse of the Expression ) hath a right formation , and is intrinsecally adequate to the receptions of light , if what is adventitious and extrinsecal be removed , I shall not wholly despair , that so many as love truth will see it , if it be rightly proposed , though perhaps not so at first as to distinguish men and trees ; but when they shall perceive light to come in , they will undoubtedly say , Surely the light is a good thing , and finde that it offends onely those who have weak , or sore eyes . I also know how hard it is to perswade any of their own imperfections , and especially in matter of knowledg , most men beleeving , that themselves ( or some other , whom their laziness hath propounded to follow as an infallible guide ) have attained the aym of knowledg ; and that though many are below them , who ought to come up to their measure , yet that nothing is really beyond them , which they should move toward ; and that what ever goes besides their rule , is Error and Schism ; and what ever pretend beyond their view , is fancy and Enthusiasm : Most being like her in Seneca , who would not believe the blindness of her eyes , but accused her house of darkness . To evidence therefore , that there is a suffusion remaining upon the discerning faculty of most men , it would be necessary to shew , that it is originally upon all , and how it grows , That so we may the more willingly submit to the cure of it . To this end , we might consider , that man liveth the several lives , or passeth through the several States of Vegetation , Sense , and Reason . Of the first , we shall say nothing , from thence this disease grows not ; but when he comes out of infancy ( though that also be on this side Vegetation ) into Childhood , and begins to receive in the objects of Sense , specially those of Hearing and Seeing ( the other will not in this subject concern us ) he begins to form to himself certain Idola or Images of things , as they are brought to him by those Senses , which wanting a Judgment to examine , he layes them up as they offer themselves in the Store-house of his Memory ; and by often , either Acts of Memory , or of new Reception of the same object by the same Sense , it becomes familiar to him , conformed to his Sense ( to him ( then ) the highest Judg of Truth ) and is seldom after reduced to examination , that being a thing which few believe to be necessary , and of which number fewer are willing to undergo the pains . Thus from our Eyes come all Errors , Natural or Physical , and quantitative ; and from our Ears , all those that refer to things Aeconomical , Political , or Theological . I will not descend to the other Senses , as nothing to this subject , they looking at Errors , personal or individual , nor was there need to have named the first but for evidence to the second , and demonstration both of the disease and the cure . In a word ( that the Gate may not be too great for the House ( this being no place for a just volumn , which the subject might deserve , and exact from a greater leisure ) nor seem to be built wholly of an Heterogeneal matter ) we live a life of Sense before we can live a life of Reason ; and by the frequent Acts of Sense , we put a false Tincture upon our then weak judgments , not yet able to act by themselves : which Tincture dis-colours to our after Receptions , whatsoever is rightly offered to our discussion or discourse , for Quo semel est imbuta recens , servabit odorem , &c. How easily are children deceived in quantity at distance ? what childe not otherwise told , doth not to firmly beleeve , being taught by his Sense , That the Moon is not greater then a Sieve , or at most then a Cart-wheel ? and this conceit he shall carry to his grave , and beleeve it Knowledg , and his conception Truth , if he be not delivered by demonstration : For , that other way of being delivered by the assertion of some man , whom he beleeves in those things fit to be his Master , is onely to beget a belief , not a knowledg . But let this childe be instructed with Arithmetick and Geometry , and so prepared , let him read the doctrines of the Sphears and of Trigonometry , he will then easily discover there is a Parallax , and finde what it is ; and by the help of his Lines , and Angles , and Numbers , be able to determine her distance , and to demonstrate her quantity to his own satisfaction ; and wonder that his Sense should have so far misled his former opinion . I might say the like of the daily and annual motion which Sense hath put in the Heavens , though an inabled Judgment will finde it in the Earth , and deliver also the Planets from all retrograde motion in their respective Circles , and see it certain , equal , ordinate , and progressive , with respect to their own Centers , and that all Anomalous Phaenomena arise from the place of our Contemplation of them ; but this is to wander too far , onely the Truth that is found in these Contemplations , demonstrative and satisfactory , may well put men upon , at least , a suspition , That Error and Mistake , may enter by the Ears , as well as by the Eyes , in all those three Considerations formerly mentioned ; And that there may be some help to deliver them . Especially , we may beleeve the first , when we see the Jews , Turks , Papists , and that thing called a Common-Protestant ( the worst of the four ) keeping so tenaciously those opinions ( I would not call them principles , unless Catachrestically , and as to them ) which they sucked in with their mothers milk ; for which , never an one of them can give any better Reason then the other , nor any one of them , what becomes a reasonable man , no more then those who receive their Forms of Religion ; and so also of Politicks later , and from older Teachers , with as little Demonstration , but with as much Obediential Weakness , as the childe receives its Mothers Dictates , while it stands to be dressed at her Knee . But no more of this : And I beg their pardon , that think this either too much , or too little to the purpose . I know it is necessary for some , and perhaps it may please others , I onely desire our Conscientious Presbyterians ( for to the Factious ones , the Scotch-acted ones , I have nothing to say , because I would say nothing in vain ) would look to themselves , and take heed they be not misled by their dark Lanthorns , who understand not their own way : That they would but beleeve it is possible , they may erre and their guides too , whom they have chose to follow , and therefore prove all things , and with an acted Reason , read over this Scotch Letter , and what will be said to it ; and that not onely in these few Pages , but in such other as will take pains to prepare Antidotes against these poysons propined by seeming friends : Perhaps it may appear to them upon an unprejudiced Examination , worthy their hate and abomination . Now to the Letter , which followeth . SIR , THe Estates of the Parliament of this Kingdom , having received a Letter , dated the 23. of May , signed by you as Speaker of the Parliament , and written in the name of the Common-wealth of England ; which Titles , in regard of the Solemn League and Covenant , and Treaties , and the many Declarations of the Parliaments of both Kingdoms , are such as they may not acknowledg . IT is a thing most worthy the observation of any who will take notice of the wonderful Acts of Providence that are abroad in the world ( in the time of so great a Catastrophe ) for the forming of his judgment to a right prognosis of Events , or Direction of his practice , into ways of safety to himself , That no man hath suffered , or fain , or been any way unhappy , or unsuccessful in any of his endevors , but he hath been instrumental to it , and that generally by precipitating themselves into such Actions , in the pursuit of a false or mistaken Interest ; which most Spectators , though but of common foresight could discern , would prove funest and dangerous . Follow this beginning of these men to the end ; and take thence another example of this rule . How necessary is it to have no Interest in our pursuit , but that of God ? and how easily doth he attain the end of his designes , that designes onely to be subservient to the will of God , as he shall be led into it by the evidence of the Divine Revelation ? He that walketh uprightly , walketh safely ; but he that perverteth his ways , shall be found out . That foulest Hypocrisie that ever the Sun looked upon , far beyond that of The Temple of the Lord , The Temple of the Lord : Or , We have Abraham to our Father , cannot but have heavily provoked the Omniscience of the Divine Purity , and an heavy judgment must needs attend them ; which that it may come upon them with effect , and finde them naked , and without defence ; See how they blow up their own Bulwarks , and cast away whatsoever should uphold them ; and must needs do it with the pre●ence of their Common Subject of all their gross hypocrisie , and provocation , the Solemn League and Covenant . Are they so sure , they shall never more need the Common-wealth of England , or the Parliament here , that they may not acknowledg it ? and that by reason of the Solemn League and Covenant , the Treaties , and Declarations of both Kingdoms ? Can it be imagined , that these were ever made , or entered into , with an intention to give the Scotish Nation a power paramount over that of England ? What plaistered foreheads have this people , that can thus impudently still offer these things , which have been so often cleered by the Parliament of England , and with light so stating in their faces , that they could never abide to look on them ! We know they never answered them , and believe they stand so convinced of the impossibility , that it will never be attempted . When they offer any thing in answer , it will not want a Reply , if it can be worth it . For the Treaties they speak of , it is believed here , there are none in force . They have most happily delivered us , by their barbarous , inhumane , and faedifragous invasion of this Nation the last yeer , which was determined , promoted , carried on , and acted by Authority of the Parliament of Scotland . Sure they cannot say , That that invasion was also according to the Treaty and Covenant , and in pursuance of the ends thereof , Impudence it self must acknowledg it a breach ; if so , how hath it been since made up ? It s true , Acts may be done in a Nation , by some of a Nation against Treaties , which are not thereby broken , but reparation and satisfaction may be made , and the Treaty not suffer by it . But it is certainly an undeniable Maxime , That an Act cannot be done by a Nation against a Treaty ( by the supream Authority ) but it dissolves the Treaty , and can never be repaired , but by mutual consent . And therefore at this time , this Nation is through the merciful dispensation of the wisest providence , as free from whatsoever relation or mutual Obligation to the Nation of Scotland , by the Treaties and Covenant , as if they had never been made . And for Declarations of this Parliament , they binde no more then any other Laws do , which the Parliament hath power to repeal , as often as in their judgments they finde it good for the people to do so , and to do otherwise , were a breach of their Trust , and neglect of their duty . If the Scots make Laws like those of the Medes and Persians ( which we conceive they do not ) much good may they do them ; we envy it not The Parliament of England is more grave , then to dance after a Bag-Pipe . It were to be wished , we had not some others among us , more in love with their baubles . But who are like to loose most by this not acknowledging ? are we bound when they are free ? let them not over-value themselves ? may they not have need again of their Neighbors ? have they made a Solemn League and Covenant also , with all the Cavalierish party , with Montross , and all his Heathen Mountainers ? Let them make such a Covenant , and with Death , and Hell too , either it shall not stand , or they shall fall by it . If they should need us again , ( and why perhaps may they not ? ) must they not eat their word , notwithstanding the Solemn League and Covenant ? It is very probable , that before the Common wealth of England come to Treat with them again , they will make them acknowledg them a Common-wealth , or make them do that which some of them will think worse for them ; though perhaps it will not be really so for most . It might be as well for some among them , if they were a Common-wealth too ; but it is not necessary they should be made happy against their wills ; and indeed , all men are not fit for it : Some are fit to be free-men , and some delight to be slaves . They may remember the States of Holland would not treat with the King of Spain for their twelve years Truce , till he owned them for free Estates , and gave them the Titles of High and Mighty . And I hope this Common-wealth will as well know how to be duly acknowledged , and as punctually exact it , though I believe they will not ( as they need not ) swell up to an appearance of greatness , by the putting on of those bubbles and bladders of empty and windy Titles , which may very well be omitted , where it is resolved by the actions of Justice , Prudence , and Fortitude , to lay a foundation for reputation and respect in the judgment and affections of men . One short question to the signall hypocrisie of this Paragraph before I leave it . Do they believe there is a God ? Or that he is Omniscient ? Is he the Searcher of hearts ? Are they so tender of the Covenant now , that they cannot acknowledg England a Common-wealth , and yet last year , notwithstanding the Covenant , could invade it with an Army , and commit all manner of hostile Acts in it , of the effects whereof many Counties labour at this day ? For a close to this Paragraph . Let them remember they must recant , and they must acknowledg this a Common-wealth . This were a hard task to some spirits , but their Stool of Repentance hath prepared them to such things , and indeed made them able to do any thing without blushing . If the winde grow high , they can lower their Sayls , they use to rant it like Knights Errant when they have no enemy , but they are as submissive as Spaniels , when well cudgelled . Paragraph 2. As for the matter therein contained , those many things of just Resentment , wherein satisfaction is demanded from this Kingdom , are only mentioned in the generall , and therefore cannot so well receive a particular Answer . But if by these generall expressions , the late unlawfull Engagement against England be understood , They desire that their Protestation against the same in Parliament , and the opposition made thereunto by them afterward in Arms ( which they never laid down , untill the garrisons of Berwick and Carlisle were restored unto the Kingdom of England ) may be remembred , together with the Letter of the House of Commons to the generall Assembly of this Kirk , of the third of August , 1648. And that Lieu. Gen. Cromwell , authorized from both houses of Parliament , did upon the fifth of October last , represent to the Committee of Estates of this Kingdom , the wrongs and injuries committed against the Kingdom of England in that Engagement , and thereupon did demand , that they would give assurance in the name of the Kingdom of Scotland , not to admit or suffer any who have been active in , or consenting to that Engagement , to be imployed in any publique place , or trust whatsoever ; which was not only granted , and afterward confirmed in Parliament , but all Acts for prosecution thereof have been repealed , and all proceeding relating thereunto , publiquely disclaimed And if any other wrongs shall be made known unto us , we shall be ready to return such an answer , as may give just satisfaction . WHat those things of just Resentment are , which the Letters of the Parliament of England mentions in generall , particular pens can take no notice of . They may know them in due time ▪ in reference to former , as well as later actions in England , and a seven years continued progresse in Ireland , which they may assure themselves are not forgotten . As to the late unlawfull Engagement , which they so readily confesse , and withall tell of their Protestation against it ; but it is well known they said nothing against it , till they saw the Army would be commanded by such as would not serve their turnes , nor carry on their Interest , but the Invasion was generally liked , and promoted by their boutefeu Priests , till they saw they were out-witted by the Fox Hamilton , and when they saw the enemies of their Kirk-Government in power in the Army , then indeed the Engagement was unlawful , because it might have proved Prelaticall , but had it been Orthodox it had been lawful enough . They may take notice that it is not their Protestation that will build again the houses they fired , store with plenty the Countyes they wasted , restore to honor violated Chastity , or recover the lives lost in resisting their Covenanting Invasion ; and therefore notwithstanding their Protestation , the breach was National , and so must the satisfaction be ; and the Common-wealth of England will expect a better then that which universally expiates all things there ; the wawling humiliations in the Stool of hypocrisie . But besides , they say that they continued in Arms till the Garrisons of Barwick and Carlisle were delivered , and therefore they did more then protest ; It is true indeed they did , but that they were able to do so , let them thank that Honorable Lieut. General , who like a good disciple of the best Master , had learned to forgive his Enemies , and to render them good for their evil , who had a wretched Countrey justly forfeited by their wicked invasion wholly at his mercy , as were also all that dissembling crew that then cried little less then Hosanna to him , and who have since appeared again , what they then were , and what his Honor was then told they then were , and what he would after finde them , ( viz. Scots ) though the excess of his own candor , and the melting flowings of his Christian spirit would neither suffer him to believe what he could not chuse but know , nor act as became their provocations ; but let that pass , perhaps the coals of fire he then heaped upon their heads , may be a more lasting torment to them then the execution of his Sword . They say the Lieut. General represented the wrongs and injuries committed against England in that Engagement . He did not then revenge them or take reparation , he might have done the one as well as the other , or as well as he gave that subsistence they have . Those forces who had beaten their numerous Army in England , might without great difficulty have gathered their gleanings of men , and consumed all the heapes of their Harvest , the time of year was proper to have distroyed it : had his horse stayed there to have eaten their Oates , their men must have starved for want of food , For what they granted or repealed , which they boast in this Paragraph , they may thank him who gave them a capacity to do it , and which they will finde they will not be able to maintain without some help more merciful to their necessities then any that will be solicited for them , by either Montross , or Forth , or Cochram , or that shall be brought them by their so hastily embraced Charls the Second , the fates of whose house they have seemed with great affection to espouse ▪ and think with their bladders to Buoy up his sinking ship . For the Garrisons of Barwick and Carlisle , we shall not thank them for delivery of them , they would have cost them more to keep then the pay of the souldiers in those towns ; there were English forces among them which they were desirous might depart , lest their longer stay there might further discover their weakness and poverty , and increase it , and besides , perhaps they might have sowne among them some Tares of Error , Heresie , and Schism , which have troubled the Presbytery to weede out of the Kirk , a thing which they fear more then all the prophaness in the Nation , for that they have a Cathobian , the blessed stool : but for this other , the Doctors are not yet agreed upon a Recipe . And for their compliance with the Lieut. Generals demands , that none who had been in that Engagement should have any employment in any publick place or trust , it adds nothing to their merit an obligation upon them by that demand , in establishing thereby their subsistence they had not been without that act of his ; the compliance wherewith they would have now so fain believed , was an effect of their own ingenuity and gratitude , dispositions perhaps which they are no more able to bring into act , then their whole wretched Countrey is to give just satisfaction to the wrong which this Nation hath within these ten years suffered by them . Paragraph 3. If the Bonds of Religion , Loyalty to the King , and mutual Amity and Friendship , betwixt the Kingdoms be impartially considered , according to the Solemn League and Covenant , and the Professions and Declarations of both Kingdoms ; The Estates of Parliament think that they have just cause to complain of the late proceeddings in England , in reference to Religion ▪ the taking away of the Kings life , and the changing the Fundamental Government of that Kingdom ; against which , this Kirk and Kingdom , and their Commissioners have protested , and given testimony , whereunto they do still adhere . IF the principles of the Common-Freedom and Justice , the Rules and Laws of Nations , and of mutual Amity and Friendship with one another be considered , the Common wealth of England may think they have just cause to complain of the Scots , not onely for invading this Nation with an Army , but usurping with a ridiculous impudence , a power paramount to the Supream Power of England , assembled in Parliament , upon all occasions , taking upon them , not onely to direct what they are to do with the King , and in the Government , but they will needs make a Religion , and impose that too . What State-Religion is , which for political respects , is almost every where imposed upon the people , this is not a place to examine . But it would deserve their weightiest consideration , whether some thing be not done herein , by way of usurpation of the incommunicable Throne . And while men cry out of prophaneness ( and justly too , perhaps it never more abounded ) commit the most horrible that ever was in compelling Religion to dress it self in Forms to serve their secular Interests ; but hindering all they can the progress of it , in Purity and Power , to the promoting of it in that way , which needs not their help . Have we not the Scriptures in England , and in English too ? and are not they the rule of all things that are to be believed , and all things to be done ? May not we expect the Divine Discoveries and Assistance , to such as humbly and duly seek to know the Will and Minde of God , as well as they of Scotland ? May we not keep a Smith in Israel ? Do we offer to impose ought upon them ? Did not they think it an intolerable burthen , when their late Tyrant , by the Councel of his Priests , would obtrude upon them a Rule of Worship , and State of Government Ecclesiastical ▪ And is it so sweet to do what they thought too hard to suffer , as it put them to the hazard of all to avoid it ? But perhaps they will say , That was a corrupt Form of Worship and Government ; but this of theirs , is the best Reformed . They should say , The best that they know ; and then we will desire them , to give leave to us to be free , that are not , perhaps , so fully perswaded of it . To beg the thing in Question , is no good Logick ; and may we not think it possible , they may miss it in their Theologie too . For that of the Kings life , the Parliament of England hath published to all the world , the Causes of their so proceeding with the late King of England . If he be a Tyrant , oppress his people against the Laws , which he tramples under foot , and puts his will in the place , levy War , and seek to make a Conquest of the people , and God gives the people a victory against him , he falls into their hands ; they propound him terms for their future safety , he refuseth what they judg necessary ; they thereupon bring him to judgment , and condemn , and execute him as a Tyrant : What hath Scotland to do with this ? Because the King of Scotland will tyrannize England , therefore England must not secure it self , because Scotland will not give it leave . How long hath this dependence been ? They cannot but remember it was wont to lie on the other side ; why was there so much care had else in penning the Preface to the large Treaty ? the breaking whereof , by their invasion , hath put things as they were . As to the change of the Fundamental Government , as they are pleased to call it ; who made them so well able to judg what Fundamental Government is with us , that they can so magisterially pronounce of it ? But what hath their Kirk to do with it ? Are they set up over Nations , to pluck up , and to plant ? Where is the jus divinum for it ? And how far doth their jurisdiction extend ? It may be it is as boundless as the Sea : We are sure the Sea bounds it not ( for they practise at that rate in Ireland , as they pronounce here ) and , perhaps , if it should get a little more strength , it would shew its impudence further . But it doth well for its time , it hath not been long a growing , it made a good stop last yeer , to put it self out of pupilage , and Commenced Independent ; it was more then the old one could ever do , in the height of her pride and Ruff. Their protest herein , hath given sufficient testimony to all that observe ; that they are not much troubled with blushing ; that they are very forward to meddle with that they have nothing to do with ; and are heterogenial to that sort of people , who are of that Kingdom , which is said not to be of this world ; they love so much to be espousing all secular Interests , and mixing and immerging themselves in them ; and there is the less hope they will mend for the future , because they , still , at present , do so constantly adhere . But it is not impossible they may change their mindes ; there is one way to effect it . Paragraph 4. And since it is apparent there hath been of late in England , a backsliding and departure from the grounds and principles , wherein the two Kingdoms were engaged ; the Parliament of this Kingdom doth propound , That the late proceedings there , against Covenant and Treaties , may be disclaimed and disavowed , as the prosecution of the late unlawful Engagement against England , and their former Professions , may return to the same . Vpon which grounds , they are content to authorise Commissioners on behalf of this Kingdom , to Treat with Commissioners from both Houses of the Parliament of England , sitting in freedom , concerning all matters of just complaint , which either Nation may have against the other , and for redress and reparation thereof , and to do every thing that may further conduce , for continuing the happy Peace and Vnion betwixt the Kingdoms , which can never be setled upon so sure a foundation as the former Treaties , and the Solemn League and Covenant : From which , as no alteration , or revolution of Affairs , can absolve either Kingdom , so we trust in God , that no success , whether good or bad , shall be able to divert us . But as it hath been our care in time past , it shall be still our real endevor , for the future , to keep our selves free of all compliance with , or inclining to the Popish , Prelatical , and Malignant party , upon the one hand ▪ or to those that are enemies to the Fundamental Government , by King and Parliament , and countenance and maintain Error , Heresie , and Schism , upon the other . I have no other thing in command from the Parliament of this Kingdom , but to take notice , that there is no Answer returned to their Letter of the fifth of March last , and so rests . MAny things may be apparent to you , which are not true , nor will appear so to those who have their souls exercised to discern good and evil , or who lie not under the pre-occupations of prejudice . It is not to us apparent that stand nearer , that there is any such back-sliding and departure from the grounds and principles , wherein the two Nations were engaged ; of which , if they would convince , they should do well to enumerate what those grounds and principles were , that upon agreement in matter of fact , we might descend to the consideration of , whether they be principles , and then whether or no they be deserted , before they accuse of Apostacy , and deserting of Principles . If we consider what it was that stirred up either , or both the Nations to engage in the war that hath been made against the late King , it will appear , it was the sense of the present tyranny and oppression , and a just fear of greater . That which was propounded by them in that Engagement , can be no other , but the good of the Nations in their just Liberty ; which being the ultimate end propounded , must needs be the first principle of motion ; and onely that can deserve the name of a principle , and every thing else is a superstructure , and can onely stand in the relation and Category of a means to that end ; and every means is to be made use of onely , so far as it is conducible to the end , and to be departed from when it deviates , and to be left behinde , and others taken up , when the former fall short . In the beginning it was hoped , it was wished , That the King might have seen , and owned ▪ and mended his Errors , and that the good of the people might have consisted with the continuance of the King ; and there wanted not many addresses for it , and long expectations of it , nor overtures of such dangerous condescention , as we have cause forever to bless God , whose watchful providence kept us , in hiding from his eyes , the means of our ruine , which were by our idolatry of Kingship put into his hands ; and at last discovering to us , how incommensurable that means was to our just end , and that there was an incompossibility of a coexistence of Kingship , and the Nations happiness , and the saedifragous invasion of England , by the Nation of Scotland , was not the worst Colyriam for clearing our eyes , in this particular . The Parliament of England therefore finding the former remedies not onely improper and invalid , but dangerous and destructive ; which at best would but have wrought a palliate cure , and induced a cicatrice upon the orifice of a Fistula ; in discharge of their duty , they proceeded forward upon their first principle , to a Fundamental Cure ; and not onely to cure the disease in the present , and continuing cause , but to eradicate the original cause it self , and take away thereby , all common possibility of recidivation . And this hath not been to go backward , but to go forward : And if the Scots be angry at the distance they finde between us , they may do well to inquire , whether it proceeds not from their standing still , and not pursuing their principle rather , then from our Apostasie from it ; unless they will be ingenuous for once , and confess that they proceeded not upon the same principle , viz. The good of the people governed , but rather looked at some Interest of the Governors , and for so much they have done their share ; so as a King hath long been nominal onely among them , having had nothing at all to do in their Legislative power , hath had no Commissioners in their Parliament , or Kirk assembly , as formerly , nor any thing to do with his little Revenue there ; only the Name was necessary to be continued there , and nothing else , but his full power in England ; how else should they hope for the great Offices at Court , the opportunity of Bribery in the Bed-chamber , the prodigal , and accountless waste of the privy Purse , for the relief of their Beggery ; unto which , to compel their King , they know the best of all men , by their unblushing importunities : But , for the good of the governed , it is not yet apparent they have done any thing for their release from a miserable slavery , not much on this side that condition which our late Tyrant ( setting before him a wel known pattern ) had designed us unto . They suffering their vassals ( for so they are pleased to honor their Tenants ) to be in a condition , when their many chaldrons of Victual-Rent is once paid , in little better condition , then those whose Livery is a Canvas Suite , and Wooden Shooes , with this difference , that for defect of Wood , to make such Provision , many there , especially of the other Sex , are forced to go bare-foot . But to make these in any sort free , were to abate their own greatness , which hath no other foundation , then the miserable oppression which themselves put upon the People , for whose satisfaction , and to give them some content , their Ministers tell the Common people they are the happiest Souls , and the purest Kirk under heaven , for they are as perfectly freed from Popery and Prelacy , as they are from all things that are comfortably fit either to eat or wear . But the Letter saith , Their Parliament doth propound , that the late proceedings here against Covenant and Treaties may be disclaimed and disavowed , as the late unlawful Engagement against England hath been disclaimed and disavowed there , and that such as have departed from these principles , and their former professions , may return to the same , upon which gounds they are content to authorise Commissioners to treat ; Where was this done ? was it in the Parliament House , or in the Consistory ? Had they not been lately imposing some Pennance ? and now they cannot get out of that Stile . The Parliament sent unto them to offer their resentments of the injuries this Nation received from them , and demanded satisfaction for them , and a way , if they thought fit to embrace it , for an amicable composure . The Scots propound and obtrude previous conditions , which the Parliament of England must yeild to , or they will not treat : In good time , who are like to have most use of it ? worse termes then that of Nahash , the right eyes would have served him , yet that demand cost him dear ; but here nothing less then self-distruction ; We must return back to what we have left , cease to be a free Common-wealth , suffer a Scotish Presbytery to be set up amongst us , submit to their King , and then , forsooth , they will authorise Commissioners to treat with Commissioners from the Houses of the Parliament of England , sitting in freedom , and will embrace us again , and be our DEAR Brethren ; and when this is done , what shall we get by it , but as much as they , who hug a Begger , and catch a Louse . It seemes they account themselves very desirable , they require such conditions ; but they consider not what was told them in the beginning of this Discourse , they may be hereby instrumental to their own sufferings , excluding all possibility of amicable composure , and put themselves hereby into an incapacity to be otherwise treated , then as enemies . But before we proceed further , we must aske their meaning of the word Freedom , because they say their Treaty must be with the Houses of Parliament , sitting in Freedom ; What want of freedom is there in this Parliament ? there is not two Houses , what have they to do with that , who have but one themselves ; and they may be silent of alterations , all men know they have suffered alterations in their Parliament ; the removal of their Lords , of the Articles , was as material a step to the eclipsing of their Kings power , and restoring their people to their just liberty , as any alteration made with us in Parliament ; but that they will say was necessary , and conducing to the good of the people there : we will not deny but it might , and will exercise no act of judgment upon it ; we say , what we had done , was also necessary , and conducing to the peoples good , and let them be desired to suspend their usurped Paramount power , and not judg our actions , nor interpose in that , wherein they have nothing to do . But the House sits not in freedom , many Members are kept away by force , and it sits under the power of the Sword ; so it hath done for seven years past , as to the protection of it , or else it had not sate at all , it had fallen by the late Kings Sword , if it had not protected it self by its own . But let us ask , how sits their Parliament , is there not something of a Sword there ? Did not some of those now in power ▪ when their Army was destroyed in England ▪ raise an Army in Scotland , and with it forced their then Parliament from Edenbrough , and by the power of the Sword ( which they were inabled to keep in their hand by that part of our Army that marched into Scotland with the Honorable Lieut. Gen. a preserving favour , which they could then own , and give thanks for ) they called a new Parliament , and gave Rules previous to election , that none should be Members that had been in the late Engagement against England ; and upon this ground they still keep out what Lords ( as well as others ) they fear wil divest them of their Government . This is all very lawful with them , and the Parliament very free ▪ and it writes this Letter as believing it is so , and yet can upbraid us , because some were kept out by force ▪ which the Parliament keeps out still , who perhaps were no great enemies to their late unlawful Engagement ; and some perhaps there were , more their Spies and Agents , then became any trusted with an interest more contradistinct to theirs , then to admit of a Coalition , much less exchange ; and who at this day hold such correspondencies with them , if they be not deceived , who think they have means to know , as may hereafter cost them very dear ; we are yet to learn , why the Parliament of England may not keep out those , who are too good friends to a State , that invaded us with an Army , as well as the present Parliament of Scotland will not admit of those who engaged against England , and would not suffer their party to command them in the expedition . T is true , all who are not now in the House , are not their friends ; some there are who know them too well , ever to entertain such terms with them , whose being in or out , or the cause of it , if I should meddle with , I should imitate them , which is something against my genius , interposing in that , in which I have nothing to do ; and which onely belongs to the judgment of the House . Therefore I hope they will talk no more of Freedom , but come to the next , which is , For the continuing the happy peace and union between the Nations ; for they may please to take notice , that without their leave , the one of them is no Kingdom , but a Common-wealth ; but for the continuance , they cannot get out of their dreams : What was the Invasion of England , a fancy onely , or an apparition ? Sure some of them felt it otherwise , when they came to waken in the other world : Are we still at peace ? doth the union hold ? by what bands ? have they not broken all that can unite humane Society ? have they played the whore so shamefully , and is the marriage still good ? They invaded us with an Army against all Leagues , and Treaties , they thereby set us loose : And there is no more tie between the Nations , then there is between us and the Transilvanian ; with whom , we have not , nor never had any League . Yet we shall not certainly refuse a Peace of Neighborhood , when just , and due satisfaction for wrongs is made by them ; but no more dear Brethren . This Common-wealth so much exenterated for recovery of its Liberty , and not least by them , will not be always able to bear the charge . Peace in it own nature , is the most happy State of all below , and the dark shadow of the eternal State of rest : But Peace may have conditions worse then war ; and for removal of which , a war may be justly , and necessarily undertaken . Peace is not simply happiness , without compleating adjuncts ; but for their desire of union , we are to be excused ; though we cannot believe it a fruit of their piety , we may discern their Interest through it ; and we discern it is ours to have no union with them ; nor is it indeed possible ; union is of homogeneals : we can never unite , nay , we can never conjoyn ; where conjuncture is made , there is continuity ; here is too much dissimilitude , will be too much incompliance . We may dwell quietly together , if they will ( and that will be all , ) if they will not , they may chuse . But let them set their hearts at rest for any more union ; and therefore they may be silent of the means , and not dispute of what is the surest foundation ; whether the former Treaties , or any other : the former are dissolved , and if ever we make any more with them , I hope now they are better known , they will be better looked to . As to their dogmatizing , that no revolution or alteration of Affairs can absolve either Kingdom from the former Treaties , and Solemn League and Covenant ( if they intend their relative which to reach to both ) we shall tell them , That all the Doctors are not of that opinion ; and either they wrote this unconsulted the Lawyers , or if they gave such an opinion , they were not jurisperiti . And for the Covenant , it was an appendant to a Treaty , and some that never took it , think it cannot stand by it self ( to say no worse of it ) and so let it go . For their trust , that no success either good or bad shall be able to divert them ; they must excuse us , if we have not that faith , truly we may be allowed to be Thomists , when we have to deal with Scotists . We beleeve a very little Interest , a very little profit will do it , it is radicated ; the impulse of their genius will carry them to it ; and if their King had been able to have but touched that Key , there had been a more harmonious close between him and their Commissioners . Yet it seems they would have been content to have come to an equation , if he would have contributed to the forming of a Prosthaphaeresis . T is like they will take heed of Popery and Prelacy , because they act among them an higher degree of Popery , properly so called ; but for Malignancy , I will not be their Compurgator : There is much variety of it , it is very possible there may be some kindes or degrees of it among them . For their joyning King and Parliament in their own Government , I would ask again , what influence he hath into it , more then barely a name ? As for this Common-wealth , we must needs ask them again , what they have to do with it ? That they will not maintain Error , Heresie , or Schism , we would take their words , if they were sure they could , tell what Error , and Heresie , and Schism is . But perhaps they make a man of Straw , and then fight with it ; or call that which is Truth , by the name of Error : For we cannot conceive them to be more then men ; and while they are but so , they may possibly erre , and erre in that very act , by which they judg of Error ; and then for ought they can thus preassure us , they may maintain Error , and condemn Truth , as well as their Pharisaical fore-fathers , who condemned truth it self ; and the same may be said of their Heresie . We shall charge them with none , and desire them to consider , that is there more Christian like for them to do the like by us . The best Christians have been persecuted for such , by the Whore of Rome , with whom , if they have no affinity , it were to be wished they would not use her Dialect . For the other hard word of Schism , it signifies little . The Protestants made a Schism from Rome , and Calvin from the Protestants . The old Prelatical party that were Calvinistical in their doctrine , yet accounted you as much Schismatical for your Government , as you do the Independents for theirs ▪ and as they do the Anabaptists , and others for depatting from them ; 't is a thing as they mean it , in order to their simple Government , of no consideration ; they may be as tender of it as they will , he had little to do would trouble them about it , it help● their pittiful declamations , to fill up their hour with an use of Reproof , which being a known Common place , save their brains a stretch on the rack for invention , and for their sakes let them enjoy it . I shal not trouble them about it , nor with any thing further , then to desire them to take notice , that there have been severall peeces published by the Parliament of England , out of which it seems they can draw nothing of advantage to themselves , nor out of themselves any thing that will serve as a just answer to them , all which are of an elder date , then that of the fift of March l●st , which therefore they shall do well to answer first , and after that take notice that their Letter of the fifth of March is not answered : and withall , perhaps it were not a thing wholly imprudential , to think of a better answer to this last Letter ; and consider , whether by some other they might have better consulted their own good ; perhaps hereafter ( this overture being thus Magisterially rejected ) when their necessity shall put them upon a more becoming address , they may be told , We are now both of us grown wiser . FINIS . 
A46076	----	An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. 1695 Approx. 64 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A46076 Wing I65 ESTC R15762 12209845 ocm 12209845 56237 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46076) Transcribed from: (Early English Books Online ; image set 56237) Images scanned from microfilm: (Early English books, 1641-1700 ; 764:26) An impartial account of some of the transactions in Scotland, concerning the Earl of Broadalban, Viscount and Master of Stair, Glenco-men, Bishop of Galloway, and Mr. Duncan Robertson in a letter from a friend. Friend. [2], 30 p. Printed and sold by the booksellers of London and Westminster, London : 1695. Errata: prelim. p. [2]. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Breadalbane, John Campbell, -- Earl of, 1635-1716. Scotland. -- Parliament. 2006-12 TCP Assigned for keying and markup 2006-12 Apex CoVantage Keyed and coded from ProQuest page images 2007-02 John Latta Sampled and proofread 2007-02 John Latta Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Impartial ACCOUNT Of some of the TRANSACTIONS IN SCOTLAND , Concerning the Earl of Broadalban , Viscount and Master of Stair , Glenco-Men , Bishop of Galloway , And Mr. Duncan Robertson . In a LETTER from a Friend . LONDON : Printed , And Sold by the Booksellers of London and Westminster . 1695. ERRATA . PAge 2. l. 6. read Eustick . l. 24. r. and that some men suffer . p. 5. l. 1. r. this simple Discourse . l. 4. r. tenendae . l. 7. r. Corvis & Columbas . l. 15. for was , r. there were . p. 8. l. 6. & 7. r. the great men then . l. 8. r. did intend to leave the Bench , and to Travel abroad . p. 12. l. 30. r. bailiary . p. 28. l. 31. r. of all men in Scotland . p. 29. l. 12. r. if he were really guilty . l. 17. r. byass or interest . p. 30. l. 34. leave out , I hope . l. 36. effectual and supply . An Impartial Account of some of the Transactions in Scotland concerning the Earl of Broadalban , Viscount and Master of Stair , Glenco-Men , Bishop of Galloway , and Mr. Duncan Robertson . In a Letter from a Friend . SIR , THOUGH I be none of the most Curious to pry into Foreign Matters , yet the various Reports we have had of the Proceedings of , and Contests betwixt some of the Members of the Scots Parliament , prompted me to desire the Favour of you ( as a Person I believe not much concerned in Factions or Parties ) to let me know something of the Matters of Fact were in agitation there : As also who these Persons are , and their Actions have been , occasioned such great Heats concerning them , at such a Juncture , when all good men ought to be cemented for the good of the Publick , and ought to stand by one another , as one man , to oppose the Evil Designs of the Common Enemy . For my part , I find in ordinary Conversation , that both good and bad People speak generally of these matters , as they affect such Men and Parties , &c. Sir , I will avouch that my steadfastness to the present Government is known by good men to be such , that I cannot in Justice be termed disaffected ; and my Interest is so little with particular Parties , that I dare tell so much of the truth to the Government 's Friends , and my own also , as is convenient : Will therefore strain my Inclinations to give you a succinct Account of some Matters of Fact ; as also what I could learn concerning these men you writ of , which can give no Offence : And though my Obligations to Great Men ( since the late Happy Revolution ) be little , yet will do them all the Justice imaginable . But before I come to answer your Expectation in Particulars , will take the freedom ( by way of a Rustical Preamble ) to Paraphrase a little upon some Wise Men's Sentences . Seneca said , That the most Universal Vice in the World was Ingratitude , because Punishable by no Statute Law , but by Publick Hatred and the Discourse of the Schools , which is said to be the greatest Punishment ; yea , Ingratitude sways the Scepter in most places , as well in private as in publick men . Some men were ungrateful to their Countries , ( of whom we could name several ) and some Countries were ungrateful to their own Worthy , Loving , and Affectionate Children : Pride , Contempt , Avarice , and Envy , are said to be the chief Reasons , and seldom all these concur without Malice and height of Rigour : But I suppose that that part of a Nation is either the Indocile , Ignorant , or Vicious . Socrates suffered for doing good to his Country , even whilst he was doing good to his Country-men in Prison ; they condemned , and put him to Death . Some will Object , That there is some secret Crime brings on a Punishment , and suffers for Crimes they may not be guilty of ; and so it 's their Judgment . But be it so or not , that 's neither Argument nor Excuse for the Instrument's being Cruel or Ungrateful , to Punish by guess , without a fair Tryal , and Conscientious Jury , in Estate , Fame , or Body ; for he who makes no scruple to take away a man's Good Name , will make no steps to take his Life also if he can . Philosophers as well as Historians declare , That the Epicureans denyed a Providence , but that the Stoicks asserted it ; whatever might be in that Contest amongst the Ancient Heathens and Modern pretended Atheists , yet we , who assume the name of Christians , must not only own a Providence , that it over-rules all Actions , Motions , and Events , exalteth one , and pulleth down another ; but also createth Friends and Enemies , and that a Society of good as well as of bad Men may differ in Opinion , which oftentimes occasions not only Jealousies , Emulations , and Debates , but also Strifes , Contentions , Threats , Persecutions , War , and the Death of many well and evil designing Men. Cato struggled long before the People of Rome could understand his Counsels to be for their Good and Safety ; he was affronted and contemned by them , nor did they ever consider his worth till they lost him . Scipio was dismist , Cicero exiled , and Seneca destroyed , he by a Tyrannical Prince only for his goodness . Paul suffered as an evil doer ; yea , our Saviour himself was contemned , set at nought , and condemned to the shameful Cross by his Country-men , out of Pride and Ignorance , for his kindness and goodness to them . So it 's no new thing for good and bad Men to be mistaken , and others to be mistaken of them . It is an Ancient saying , That Loyalty often suffers the Punishment due to Rebels , and Treason receives the Reward of Fidelity . There may be two principal Reasons for this ; Ignorance , and Depravity of mens Natures . Ignorants not being Judges of Men fit for Government , nor the Governour 's Actions , or Secrets of State , which is generally the failure or mistakes of the Populace . Here you will always find Improbarum Duces , who influences the blind Populace vela dare suae fortunae , to accomplish their Designs , though it were upon the Ruins of the Common-wealth . And under the Second may be comprehended all the Vices of the Mind , which would be too long to be named here ; only this one observed by the wise , That we have the Wickedness of other men always in our Eyes , but cast our own over our shoulders * . This confirms all the Proofs of the former Reasons of Ingratitude . Whence it comes to pass , that a Peasant would be a Tribune , a Tribune a Praetor , a Praetor a Consul ( as the Philosopher said ) never minding what he had been in a little time before , but looking still forwards to what he would be * . I know not but Brutus thought ( that when he had destroyed Caesar ) to have been Caesar himself ; but he had only in place thereof , Remorse left with him , ( with , Et tu mi fili Brute ) for his great Expectations . Both good and great Men we see are subject to Envy ; for some People never think themselves happy , till such and such Men be out of their way , as in the case of Haman and Mordecai ; but neither they , nor the Common-wealth can well know the want of such Men till they be gone , when there is no retrieving : For in what sad condition had Esther and the poor Jews been , if Haman had conquered Mordecai ? And it had been better for Haman he had let Mordecai alone . Upon which Considerations , it were very advisable for Societies , if they be any ways split in Parties , to take the Wise Man's Advice , before they Accuse or Prosecute , and to consider three things : First , their Strength whom they Accuse ▪ Secondly , the Enterprize and Merit of the Cause . And Thirdly , the Person or Persons they have to do withal ; and that in respect of their Superiours , Equals , or Inferiours , &c. For as no good Musick , so no good Government or Society without Concord , which cannot well be without bearing of Injuries . And Epicurus said , That Wise Men will bear with all Injuries , Ardua res haec est , where the Publick is concerned . I will therefore conclude this Point with a Sentence of Seneca's , when in an Epistle to his Friend he was condemning Anger and Choler , he adds a But. But ( says he ) in case of exemplary and prostitute dissolution of Manners , when Clodius shall be preferred , and Cicero rejected ; when Loyalty shall be broken upon the Wheel , and Treason shall sit Triumphant upon the Bench. Is not this a Subject to move the Choler of any Vertuous Man ? Now , lest I should weary you too much with a simple Discourse ( yet knows it is to my Friend only ) I come to satisfie so much your Curiosity as is in my Power , without Reflection or Byass : Nam pacis mihi cura temendae . Illud amicitiae Sanctum & venerabile nomen Sed Dat veniam corvus vexat Censura Columbis , Hoc Impedit , &c. As for the Bishop of Galloway , being first in view . In the Year 1686. The late King James having sent the Earl of Morray his High Commissioner to Scotland , with Instructions to Repeal the Penal Laws against Papists ; the aforesaid Bishop stood firm to the Protestant Religion , and though very infirm , went every day to the Meetings of Parliament , to give his Testimony against the Courses then in hand ; for which there was Evil Designs against him , but that God removed him in great Age and Peace a little time after the Adjourning of that Parliament . He being a Pious , Hospital , and Generous Man , left his Lady ( being upwards of Eighty Years old ) but poor : His Eldest Daughter was married to one Mr. Patrick Smith , Advocate , many Years before his Decease . His Second Daughter was married to a Parson ; and the Third was Run away with , a little time before his Death , by the aforesaid Mr. Duncan Robertson , without the Bishop's or any other Friend's knowledge , the said Robertson judging her to be a great Prize , the other two Daughters being married , and she being then the only Child in Familia . The aforesaid Mr. Duncan Robertson was a High-land Gentleman's Son , bordering upon Athol and Lochquhaber , bred up something to the Law at Edinburgh , became a Sollicitor that way , and practised that Employ when he Run away with , and married the aforesaid Bishop's Daughter . When the last Earl of Argile was forfeited in those days , ( and his Children scattered here and there , and the Estate being sequestred by the then Publick Authority ; and all Argile's Officers and Friends in his vast Dominions being laid aside ) he , the said Robertson , what by Money and Interest he made in those days , stept into the Clerkship of the Sheriff-ship of Argile ; but upon the late Happy Revolution , Argile being restored to his Estate , the said Robertson was justly excluded from the said Office of Clerkship ; the same being Heritable in the Earl of Argile and his Families Gift , past memory of Man. The Lord Viscount Stair , he is the Representative of the ancient Family of the Dalrymples of Stair , a Barony in the County of Kyle in the West of Scotland , he being educated in , and endowed with all manner of Learning and Sciences of our Horizon , was received into the faculty of a Advocates , in the year 1648. having before had ( when but very young ) a considerable Post in the Army , verifying Ovid's Phrase in him , Pace data terris ad civilia , &c. In the year 1650. he was made choice of by the then Parliament , to be Clerk or Secretary to the Committee of the Parliament , and Ministers went for King Charles II. to Holland , where he not only gave great Satisfaction by his behaviour to the Committee of Parliament , and all concerned in the said Transaction , but likewise King Charles took particular notice of him , &c. Upon the Restauration of King Charles II. he was Created Knight and Baronet , and advanced to be one of the Lords of b Session , at which time he began to observe and write the c Decisions of the Lord of the Session , and afterwards digested them with former and after Observations of his own and others , in a System or Body , these being Presidents or Rules to Decree by , ( afterwards ) in parallel Cases . In the year 1662. The Presbyterian Government being abolished , and the Episcopal Government established in Scotland , there was a Declaration formed , abjuring the Presbyterian Government , all its consequences , and all the Oaths formerly taken : Which Declaration he not being clear to take , left the Bench , travelled abroad , and coming to Court after his Travels , King Charles Excused and Restored him to his Place again , dispatching a Letter to the Lords of the Session , ( signifying that Sir James Dalrimple of Stair , having given him full satisfaction in relation to the said Declaration ) required them to receive him again to the Bench , without signing the same . Thus I find it marked in the Books of Sederunt of the Lords of the Session , Anno 1664. Then it was that he began to compose a System of the Civil Law , intermixt with the Law of Scotland , and Practises and Presidents of that Soveraign Court , which makes the Law intelligible and known to all the King's Subjects there , who can read English . When Sir John Gilmor ( being then d President of the Session ) was called up to Court to draw up the Contract ( or Articles ) of Marriage between the Duke and Dutchess of Monmouth , the Lord Stair was chosen vice Praeses of the Session , as he was several times afterwards , when Sir John Gilmor turned infirme . And all along when the said Lord Stair was a single Lord of the Session , and sitting by turns on the Bench in the outer house , where most of the Cases and Processes are heard and decreed in the first instance by a single Lord , and where the Judges as to their parts , Judgment , Justice , or Injustice , are mostly known , having none other of the Lords Votes to interfere with their Judgment . He had the greatest Character of Dispatch and Justice of any Man that ever sat upon that Bench ; all Men being desirous to have their Cases brought and tried before him * . In the year 1670. he was one of the Lords who went up to Court about the Union , designed then between England and Scotland : at which time Sir John Gilmore ( the then President of the Session ) died , and he was advanced to be President of the Session . Upon this step some envied him . The Lord President was sent for to Court in March , 1676. to have some differences composed , when he was offered to be Chancellour , which he declined . But seeing great Men turning into Factions , and fearing the thing which came afterwards to pass , intend to go abroad and to desert the Bench * . In Winter 1679. The Duke of York being sent to Scotland , ( 't was thought , by advice of the Duke of Lauderdale for his Safety ) the President would not adjourn the Session , to meet him upon the Road towards Edinburg , ( in Procession with all the Lords of Session ) as was expected ; ( and as most of the Nobility and Gentry of Scotland did ) giving for his reason in his Speech , ( when he , and the rest of the Lords of Session went in their formalities to wait upon the Duke , as a Prince of the Blood , at the King's Palace of Holyroodhouse , the next day after his arrival ) that the Session could not adjourn themselves ( being a Constituted Soveraign Court , instituted by King and Parliament ) without the King and Parliament , which gave offence ; as did also another Expression in his said Speech , against Popery and Bigotry ; the Duke then mask'd , and not going publickly to Mass . In the Spring , 1681. the Duke of Rothes Chancellor dying , ( when there was a Commission given by King Charles to the Duke of York , to be his High Commissioner for Scotland ) 't was mightily talked then , that the Lord President would be made Chancellor . But in that Parliament 1681. the designing Party of the Nobility and Clergy flattering the Duke of York , that all would be as he wished ; matters lookt with a very bad aspect , the President could expect no good . Yet as God said to the Prophet , ( that there were 7000 in Israel , who had not bowed their Knees to Baal ) there was some of the Clergy , many of the Nobility , and most of the Gentry , who did fore-see the Torrent ) they laid aside their Private Heats and Emulations , joined Hands to stop the Current , and by Plurality of Votes , ( though some things did pass current in that Parliament before that time , would have been prevented , if some Men had not been lull'd asleep , ) they did stop more mischief . For the President had drawn up a Test for preservation of Religion , Liberty and Property , ( too long to be inserted here ) made a Speech in Parliament to that purpose , and , though seconded by very many , was thrown out , but some of the then Court-Party drew up another Test to their purpose , which was carried the very next Morning into the g Articles , and past current there . At the Meeting of the Parliament that Morning the Court Test was presented and read , whereupon the Duke of Hamilton , the Earl of Argile , Haddington , &c. The Bishop of Dunkell , ( Bruce ) the Lord Stair , President , Sir George Lockhart , Sir John Cunningham , and many others of the several States , stood up to oppose the said Test , but would not do ; and all they could gain by the Arguments used , was to get the Confession of Faith ( made concerning the Protestant Religion , mentioned in King James the Sixth's Acts of Parliament ) insert in their Test . The inserting of which Confession of Faith ( the Intriguing Party then not understanding the thing , being fond to pass their own Test with any quality without Examination ) was the very thing made some of the Bishops , Nobility , and Gentry stand firm against taking away the Penal Laws in the Parliament 1686. ( They and all the Members of that Parliament having taken the said Test . ) But when the Bishops and others of the then Court-Party ( after the Adjourning of the Parliament that Evening ) had met together , and considered what they had done , in Voting the said Whiggish Confession of Faith ( as they called it then ) and procured the Royal Assent thereto , went in a Body to the Duke of York , and exclaimed against the Lord Stair , President , as the only Man who had wheedled them in the matter , by surprize ; but were told , the thing could not be helped then , being it was past the Royal Assent , but that the Contrivers should be Animadverted upon ; and in some few days that Parliament being adjourned , and the President in disgrace , he retired to the Country , sent his Son , Sir John Dalrymple , now Master of Stair , to the Duke , to signifie , that seeing his Father was not pleasing to his Royal Highness , he intended to go to Court , and give up his Commission to the King his Master , who gave it to him . Upon the Delivery of which Message , the Duke of York ( being surprized ) dispatched Coll. Graham ( then his Privy Purse ) Post to the King , to give Account of the Lord President 's Behaviour , which was the occasion the President had no Access to the King when he went to Court ; but the King desired to tell him , that he might live at home privately under his Protection : Upon which Assurance he went to his Country House in Scotland , did not live there long without an Alarm , which obliged him to repair privately to Edinburgh to advise his Safety ; nor was he long there , when there was a Warrant to seize him , upon which he went incognito to Holland : For certainly his Fate had been the same which was the late Argile's if he had staid at home , when in Holland there were Ruffians sent to seize him , but by Providence made his escape to corners , diverting himself there with the Conversation of the Schoolmen and Scholars of the two Famous Universities of Leyden and Vtricht , and then writ a System of Natural Philosophy . His Lady was harrass'd , and forced to fly to Holland also . His Houses made a Receptacle of Souldiers , His Heritable Office taken from him , and his Tenants spoiled . The then Government raised Process of Treason several times against him , But they could not reach his Estate , by all the stretches of Law were made . In the Year 1687. King James sent him a h Remission to Holland , which he slighted , judging himself guilty of no Crime deserving a Remission , and being safe under the Protection of the Prince of Orange and the States of Holland , rested satisfied . In November 1688. He , the said President , came over with the Prince of Orange ( now our Gracious King ) His Majesty being pleased to communicate his Resolutions to him , as a Man fit to give , and keep Counsel . Sir George Lockhart being President of the Session when the King came over ( but being unfortunately murdered in March 1689. by a base Ruffian , for pronouncing an Unjust Sentence against him ( as he alledged ) though no such thing ) my Lord Stair was re-established in the President 's Chair again . In the Year 1690. he is created Viscount of Stair , Lord Dalrymple and Glenluce . And though this hath been an Age , where meaner Men were ashamed to serve God in their Families , I will add this one good Quality more to him , that he ( besides his Private Devotion ) was never a day in the worst of Times but he read the Scripture , and prayed himself twice in his Family , were there never so great or many strangers present , which might be a Reflection in these days , but I hope not now , and to tell the truth , I dare give no worse Character of him . As for his Behaviour in Matters of State , these are Matters I do not meddle with , let him put his misbehaviour in Publick who will venture to do it , if they can , but I judge it will puzzle any to do it ; and Rational Men will Judge , that he who Rules his Family best at home , is the fittest to Rule in Publick , and I pray God long may such Men Rule amongst us . I will not say , but the Lord Viscount Stair is envied by some People for his Parts and growing Greatness , but that should be no Argument with Rational good Men , being that mens Vertues ought not to be accounted their Crimes . And I believe he may say in his Old Age , Whose Ox , or whose Asse have I taken * ? The Master of Stair is the foresaid Viscount's Eldest Son , liberally Educated and bred to the Law , being upon his Travels in the time of the Dutch War , he and one Ramsay , Son of Sir Andrew Ramsay , of Abbots-Hall , being intimate Companions , happened to be at Chatham , and , as I am informed , preserved one of the King's Men of War from being blown up by the Dutch , with the hazard of their own Lives ; for which brave Action ( when they were but very young ) King Charles Knighted them , before he knew who they were , thus I heard it . In the Year 1672. Sir John was admitted , after his Tryals , to be an Advocate , which Employ he followed for several Years , being of the first Rank . In the Year 1683. when the said Viscount ( his Father ) was forc'd to abscond in Holland , as is said before , the Laird of Claverhouse ( afterwards Viscount Dundee ) having the Command of the Army , which was sent to the West Country to Spoil and Dragoon the Dissenting Party ( not without our Scots Bishops consent ) did attempt to possess himself of the Office of the Baily of Regality of the Lordship of Glenluce ( which did Heritably belong to the said Sir John , and the Viscount of Stair his Father ) Sir John , now Master of Stair ( by Creation of his Father Lord , Baron , and Peer of the Realm ) did oppose the Lord Dundee , and beat him off , for which he was convened before the Council , and fined in 500l . which he paid . In the Year 1684. The said Master was seized at his own house , when his Lady was just to lye in , and made Prisoner , being suspected , it seems , by the then Government to have Correspondence from Holland , and to have carried on intrigues against the Government ; and being brought to Edinburgh , was carried from the Palace of Holyrood-house ( where he was examined by the Ministers of State ) as a Trophe ( it seems to disgrace him ) between the common Soldiers , along the publick Streets , to the common Prison ) more than half a Miles distance ; was kept close Prisoner there for several Months , not knowing for what Crime , ( but as himself then said ) for the Original sin of the Father . At last , after many Petitions , he had the favour granted him by the Council , to be enlarged to the Castle Prison , where he lay a long time , till the Government was ashamed they could not fix a Crime upon him , set him at Liberty . In the Year 1687. there being none of the Advocates ( but these who were advanced to be Lords of the Session , for their then Zeal and Loyalty to the Cause in hand ) ( fit to be the King's Advocate i the Court ( hoping to gain him to their Party , and to wheedle his Father over from Holland ) made the Master King's Advocate , ( that being the time of the Toleration ) and during a whole year he continued King's Advocate , there was none Prosecuted to death , but one Man , upon the score of Nonconformity . The Court perceiving the Master's behaviour in that Post that year , and intending to take another course , by the Dispensing Power ; and finding him not to be a fit tool for their purpose , brought in Sir George Mckhenzie again , to be King's Advocate , and they degraded the Master to be Justice Clerk ; then they found out he was the Man saved the Bishop of Ross , in Anno 1686. by advising him to appeal from the Bishops Court to the Parliament . Upon the Revolution , the Earl of Perth ( then Chancellor , fearing the just indignation of the enraged Mob ) taking his flight , the said Master ( and some others of the Privy Councellors ) taking care first of keeping things in order , and distributing ( so far as was then in their power ) the Government in the best hands ; went up to wait upon the Prince of Orange in December , 1688. concurred in making the address to the Prince , for taking on the Administration of the Government , assisted in the Convention 1689. as a chosen Member thereof ; was the Man chiefly ( with the indefatigable pains and endeavours of the late Duke of Hamilton , chosen President of the Convention ) who concerted the Resolution , and stated the vote of forfeiting King James , and Proclaiming his Majesty and the late Queen , King and Queen of Scotland . The Master of Stair in conjunction with the Earl of Argile , and Sir James Montgomry were voted , and sent up Commissioners from the Three Estates of Scotland , to make offer of the Crown to their Majesties , when our Gracious King was pleased to make the Master his Advocate again , and Lord Melvil Secretary of State , &c. The foresaid Convention being turned into a Parliament ( The Duke of Hamilton made Lord High Commissioner ) some People ( who pretended great matters for Religion , Liberty and Property , being displeased , it seems , that they were not advanced instantly to some places of high dignity and trust in the Government , recoiled : And then it was that we unhappily turned into Parties , which put the Subjects in a ferment , made our Proceedings uneasie ever since at home , and makes the King's Affairs sometimes to be retarded both here and abroad , thus by our Divisions , giving too much encouragement to the disaffected Party . In the Winter , 1690. The Master of Stair was advanced to be conjunct Secretary of State with the Earl of Melvil , who , upon the Revolution , was made sole Secretary of State for Scotland , as aforesaid , which he did merit as ( formerly ) a great Sufferer , and always a true common weals Man. In the year 1692. Mr. James Johnson was made Conjunct Secretary of State with the Master of Stair , and the Earl of Melvil sent to Scotland , to be Lord Privy Seal : And as to these Three Persons they continue in the same Stations and Offices still . The Earl of Broadalban , who was formerly called Sir John Campbell of Glenorchy , an ancient family in the Highlands , a Cadent of the family of Argile , when he married the late Earl of Argile's Sister , ( Countess Dowager of the late Earl of Caithnes , who died without issue Male ) he the said Sir John was created Earl of Caithnes in the year 1677. or 1678. and brought several debts upon the Earldom of Caithnes , and made use of force to possess himself of the Estate ; which created him Enemies afterwards , an Heir Male and of Tail appearing to the deceased Earl of Caithnes , he the said Sir John Campbell took a new Patent to be Earl of Brodalban . In the year 1677. by order of Council he sent a double Regiment of his Tenants and Vassals , in conjunction with the Marquis of Athol , Earl of Perth , and several other Noblemen and Gentlemen to the West Country ( which was then called the Highland Host ) there was a Commission of the Council sent along with them to try the Dissenters ; this created the Earl of Broadalban Enemies also . Upon the Revolution he stood out , but being convinced of his errour as to the alteration from that of Arbitrary and dispotick power , to that of a mild , merciful and peaceable Government , tracing the true Constitution and fundamental Laws of the Nation ; he joined forces , and offered his Service to the Government , by bringing in of the Highland Clans and Rebels by fair means , or necessary stratagems to make the effects answer the end . As for the Glenco-men , the truth is , hic labor , hoc opus est , to describe them without reflection upon my Country-men , which I would willingly avoid ; but the real truth is , they were a branch of the Mc. Donnels ( who were a brave couragious People always ) seated amongst the Campbells , who ( I mean Glenco-men ) are all Papists , if they have any Religion ; were always counted a People given to Rapine and Plunder , ( or Sorners ) as we call it , and much of a piece with your Highway-men in England : Several Governments designed to bring them to condign Punishment , but their Purses , it seems found them out Protectors , and their Country was inaccessable to any small Parties ; and though I dare not approve of the method taken in January and February , 1692. by killing them under trust , and in cold Blood , yet at the same time they deserved the heavy hand of Justice , in a regular and legal manner , which would have made their Neighbours live in more peace and tranquility . I do remember when I first heard then of the matter ; I said to some great Persons , that the best method would be to make these Men Prisoners , and send them abroad to be Soldiers , or to the Plantations , and wishes it had been so . Now that I have given you a Historical account of these Persons in as brief terms as I could , to make you understand the Men , and the relation of matters afterwards . I begin again with the Bishop of Galloway , Mr. Robertson , and the Lord Viscount Stair's affair . The Viscount of Stair is by his own , his Author's and Predecessors Charters , Heretable Bailly or Judge of the Royalty or Regality of the Lordship of Glenluce , within the Bishoprick of Galloway for which the Bishop is obliged , and was constantly in use to pay him 20l. sterling yearly of fee ( or Sallary ) in Money or value , besides the perquisites of the Court , which is allowed to the Deputy always . The Bishop of Galloway died , as was mentioned : The three Daughters and their Husbands did contend about proving the Will of the Deceased , the Bishop's Widow being poor , and detained from what effects the Bishop left , by the contention and tedious unnatural Law Debates of her Children : Mr. Hugh Dalrymple ( the Lord Stair's Son ) being Factor for uplisting of his Father's Rents , the time of his Father's Exile , as abovesaid , and the Viscount himself likewise after his return home , did support her with Money , that she might not starve , during the Law debates ; for which they took security , both from her self and Mr. Patrick Smyth her Eldest Daughter's Husband to repay them . After long and litigious Debates , the Lords of the Session pronounced a i Decreet in favour of Mr. Patrick Smyth , being found to have the best right , and who supported the Mother by his Credit . This Mr. Duncan Robertson , encouraged * by some Persons ( not well inclined to the Lord Stair , to be sure ) presented a Petition to the Parliament upon the 3d day of June last , complaining , that the said Viscount had pronounced an unjust Sentence against him . It would be needless , and not to your purpose , to repeat all the said Complaint , and the great and long Debates followed thereupon ; so I only give you the substance , and the most material points in the Complaint ; ( viz ) That the President in the Debate betwixt the said Robertson and Mr. Patrick Smith , should have done Injustice by making up himself ( or by his Influence ) a Debate , or Minutes and Interloquitor subjoyned thereto upon the 29th . of July , 1692. and signed the same privately in the Vacation . 2. That after there was a Decree pronounced in favour of Mr. Smith against Mr. Robertson ( against which Decree Mr. Robertson gave in a Bill of Suspension ) upon which Bill the Clerk of the Bills refused to write a k Sist , by the President 's Order , thereby stopping the ordinary course of the Law. 3. That the President Transacted during the Dependence of the Plea with Mr. Smith , as Executor to the Bishop , for a Debt due by the President to the late Biship , l and had an m Ease from Mr. Patrick of the Debt , and took Allowance of 20l. Sterling of Baily Fee , which the Bishop would never have paid . The Answer made to the first was , That if Mr. Robertson , or any other could prove against the President , that he did sign any Interloquitor or Debates privately , but what was the meaning of the rest of the Lords p in praesentia , as well as his own Opinion , he were most unjustifiable ; but nothing at all thereof was proved : On the contrary , one Smyth , a Witness q adduced by Robertson himself , Deposed , that the King's Advocate did Dictate them , who is a Man of great Honour and Integrity , and owned the same . The Clerk also deposed the same , and Mr. John Frank , Robertson's own Advocate , Deposed , that the Point mentioned in these Minutes , was stated by the President , which should have been debated , Mr. Robertson's Advocates declined to Debate , and Mr. Patrick Smith craving a Decreet , and that the same was pronounced in Mr. Frank's own hearing and others , so not done privately . Two of the Lords of Session , Halcraig and Crosrig , deposed to the same purpose , and one of these Lords doth exactly remember , that before the Cause was called , the Lords Resolved , that the Parties should Debate the very Points mentioned in the minutes , which was stated truly by the President , as all the Lords resolved . And it is further cleared ( the aforesaid Interloquitor being res gesta , known to , and authorized by all the Lords ) by a subsequent Decreet of Suspension which followed thereupon the first of February , 1693. It was answered to the Second , That the Clerk of the Bills , James Nicolson , did refuse to receive or write upon the Bill of Suspension , because Mr. Robertson was litigious , and after two Decreets in foro , he offered a third Bill , and Mr. Patrick Smith having found Caution or Surety to Relieve Mr. Duncan Robertson and his Wife of any Process might be intended against them , as Executors to the Bishop , ( which was the Pretence or Reasons of his last Bill of Suspension ) and all the Lords rejected the Bill , and discharged the Clerk of the Bills to receive any other Bill of Suspension from Mr. Robertson , except upon Obedience , he having refused to Debate before ; which Deliverance was shewn and duly intimated to the Clerk of the Bills , which is his Warrant : And that the President never spoke directly nor indirectly to him about the same . The Lord Aberuchill also ordinary deposed , that the Clerk did refuse to write a Sist by reason of the said Deliverance of the Lords in praesentia . It was answered to the Third , That , as was said before , Mr. Hugh Dalrymple , by his Father's Orders , ( when in Exile ) and the President himself when he came home , advanced money to the Bishop's poor Widow , to save her from starving , during the dependency of the Plea , for which they took Bond , to be repaid as aforesaid , which was a Security to them in omnem eventum , without any dependence upon the Event of that Plea of Law : For though Mr. Robertson's Title had been just , and sustained by the Lords , the President 's Security was good beyond exception . 1. Because the Widow was provided to a considerable r Life-Rent by her Husband , which was a Debt undeniably preferrable to the Interest of either Party , Smith or Robertson ; and the Advancement to her being less than her Provision , the President could have no byass that way ; besides that Mr. Patrick Smith also had an unquestionable Interest in the Dead's part , and the Legittim , and had acquired the Interest of a third Sister , as Mr. Robertson's own Bill to the Parliament doth acknowledge . So there was no Hazard to , or Injustice in the President , though he had advanced more to Mr. Patrick or the Widow , which he never did , and made no other Transaction , but as aforesaid . And as to the other member of that Allegation , That the President got an Ease from Mr. Patrick Smith of the Debt due by him to the Bishop . It was Answered , That it was a very false Allegation : For by the Discharge granted to the President , it will appear , that the several and particular Sums paid , are Instructed either paid by the President himself , or Mr. Hugh Dalrymple in his absence ; that the President had no Advantage by it , nor was the President concerned what Mr. Duncan's Claim was against the Bishop , or his Executors , seeing the President was not obliged to pay any more to the Bishop , or any claiming Right to his Estate , but what was truly due , and to them who had the best Right . As to that , That the President should have taken an Allowance of 20l. Sterling to himself Yearly of Baily Fee. The President owns he did take the same , and Instructs his Right by an Original Charter Anno 1560. And by another Charter under the Great Seal , Anno 1618. both Charters bearing an Heritable Office of Bailiary , and a Fee of Three Chalders of Meal out of the first and readiest of the Fruits and Emoluments of the Lordship of Glenluce , which three Chalders of the Measure of Wigton ( which is the Measure of that Country ) will be four Chalders and a half of Linlithgow Measure , and which would be worth more than 30l . Sterling Yearly ; yet the President being only in use to receive an Allowance of 20l. Sterling , he exacted no more . And as the said President 's Right was Instructed by his Charters , so the use of Payment appeared by two several Agreements , one with Bishop Hamiltoun , Anno 1666. who preceded Bishop Aitkin , and another , Anno 1688. with Bishop Gordon , who succeeded him , both stating the Baily Fee at 20l. Sterling Yearly . After debating of these Points before the Parliament , it was moved , that the Affair should be committed to a Committee chosen for that particular Case , but it was carried by Plurality of Voices , that it should be committed to the Committee of Safety , who were appointed to give their Report thereof in open Parliament upon the Tenth day of the said Month of June . And the Committee having accordingly examined many Witnesses upon the most material Articles of the Complaint , viz. The alledged Injustice of the Sentence , nothing was proved as I can see against the Viscount of Stair by Robertson ; on the contrary , it was proved by the Depositions of the Lords of Session , Mr. Robertson's own Advocate , and several other Evidences , as abovesaid , that the President 's Transactions were fair , and the Sentence just ; so that Mr. Robertson did not think it adviseable to insist upon the other Articles of the Complaint . Upon the Tenth of June it was moved , I hear , in behalf of the Lord President , that the Parliament would call for the Report of the Committee , and either declare the President Guilty , or if nothing of the Complaint should be proved against him , that they would Acquit the Lord President , and appoint a suitable Punishment upon the Libeller for so impudent a Calumny ; but the Motion was not favoured , there being matters of greater Importance in hand . However the President 's Friends say , they are glad ( that even now in his Lordship's absence ) there are no greater matters of Complaint or Accusation found against him through the whole course of his Life , being sufficiently vindicated of this Accusation by these and other grounds represented , judging there is enough known ( and will be justified by all good unbyassed men ) of his long Service in the Publick , Integrity of Life , firmness of Principles , his and his Families Sufferings in dubious and dangerous Times , and Dutiful Adherence to His Majesty's Interest , before and since the late Happy Revoluton : And that they do confidently hope that His Majesty's High Commissioner , and the Honourable Estates of Parliament will sometime or other find the Justice of the Nation interested to see the Laws and Acts of Parliament for Securing , Maintaining , and Defending the Honour and Reputation of Judges ( who do Represent His Majesty's Person and his Authority ) fully and effectually executed by the Exemplary Punishment of the malicious Libeller , so as Judges in all time coming may be fenced and secured from such bold and insolent Attempts . And upon the whole matter , the President 's Friends say further , that he lost 100l . Sterling by these Transactions concerning the Bishop's Affair , which he never expects again ; so that according to the Wise Man's saying , As it is a hard matter to be both Popular and Just , so to strike , and not wound , is Anger lost , for he is invulnerable , and not hurt , who is struck . As for the matter of the Indictment against the Earl of Broadalban , in so far as I can learn , the matter is thus : That the Earl , Anno 1691. promised to the King to reclaim the High-land Rebels , which way he did it , is in Publick now ; but Mac Donnel of Glengary ( who is the most sensible , and of greatest Probity amongst them ) came in , and deposed before the Parliament , That the Earl did , by Articles agreed upon betwixt him and them , engage , that if King William could not condescend to such and such Articles , he , the said Earl , should with all his Friends and Followers , joyn the Highland Army . The said Deposition being read , it was moved that the King's Advocate should be ordered to Commence a Process of High Treason against his Lordship , and that he in the mean time should be committed Prisoner to the Castle of Edinburgh . And 't was pleaded for the Earl , that he might have time to deliberate his Answer before Impeachment , this being a Surprize to him , and doubted not but he would make it appear to the Parliament there was no ground for the Impeachment . It was further pleaded for the Earl , That Glengary , not being summoned by a Judge to come in as a Witness against him , and especially considered that he was a Roman Catholick , had been in Rebellion against the King , and never knew he had submitted to the Government , unless done privately at this time , and carrying an inveterate Enmity to the Earl's Family , he hoped the Parliament would not found a Process of High Treason against him upon his Deposition . These Arguments did not prevail . It was further pleaded by the Earl , That he had an Ample Commission from the King to do in that Affair all that he should think fit for effectuating his Design : That as well His Majesty as all the World knew that in such Negotiations there must be Allowances for men Commissioned to go , or at least pretend to go great lengths , and to yield to such Condescendencies as they find most taking for accomplishing the Design . That the Effect and Consequence had justified the Methods he had taken . That not only they there sitting , and their Constituents at home , who suffered most in that unnatural and cruel War , but also the Kingdom of England ( who for its own Safety was obliged to maintain some Regiments here in Scotland ) yea , and all the Confederacy had reaped Advantage by his Conduct in that Treaty , many Troops and much Money being now employed against the Common Enemy abroad , which that troublesome War had exhausted for several Years here at home . That seeing the thing it self was good and advantagious for the Nation , he wondered Persons should take Exception against the particular Methods which in Prudence he was obliged to take in carrying it on ; however that he had made it known to Their Majesties , whatever he had said or done in that Affair , and had their Approbation since . It was alledged , that things now Libelled , were not then known . It was answered , that upon a Complaint given against the Earl for these very things he is now accused of , His Majesty recommended to the Privy-Council here to make Enquiry into the matter , which was done accordingly , and transmitted to the King ; that the minutes of Council would clearly shew the same , and desired that the minutes might be called for , but the Parliament did not think fit to call for them . The Earl of Melvil , then Secretary of State , and now Lord Privy-Seal , 't is said , rose up , and avouched the truth of what had been said , and asserted , that the Precognition taken bo the Council , was upon a Complaint ( if not in the same words , yet at at least to same purpose ) with what was contained in Glengary's Depositions , was sent by the Council to him , as Secretary of State then ; That he shewed it to the Queen ( the King being then in Flanders ) who kept it a whole Night by her , that the next day he transmitted it to the King , who ( he knew by the Returns he got from Flanders ) received and perused it . The Duke of Queensbury did declare likewise , that it consisted with his knowledge , that His Majesty received the same , he being then in Flanders with the King , and heard his Majesty Discourse of the matter very often . Upon this some Person moved , That seeing His Majesty had taken the Earl's Behaviour to his own Consideration , and had been informed of all the Methods of his Proceedings in the matter , and had shewn a satisfaction with the Earl's Conduct , by preferring him at that time to several Places of Honour and Trust , The Parliament would please not to proceed in an Affair of such Importance against one of His Majesty's Ministers of State , until he was first acquainted with it . But this being refused , it was desired in behalf of the Earl , they would delay their Proceedings at least until the next Meeting ; but it was voted and carried , that the King's Advocate proceeded immediately against him ; and an Order of Parliament was signed for Committing him to the Castle , where his Lordship was carried immediately after the rising of the Parliament . The Lord Advocate sent him a Copy of his Indictment , and he was ordered to give in his Answer thereto by the First of July instant . Upon the First instant the Earl desired an Exculpation , which was granted to him . Upon Adjourning of the Parliament to the Seventh of November next , the Prosecution of the Earl is delayed till that time . As for the matter of the Glenco-men , made so much ado , we are something in the dark as yet , nor will I meddle to speak , much less to write of any Point the Parliament have Voted , only the Historical part of that matter is this . That when the Earl of Broadalban did undertake to cause the Highlanders to lay down their Arms , give over Hostility , and to give Passive Obedience to the present Government , by taking of the Oaths ( which was very well done , whoever did it ) before they laid down their Arms , there were two or three Indemnities issued forth by His Majesty , encouraging them to come in ; and they did come all in by the prefixed q Diet in the last Indemnity , except the Glenco-men , who it seems finding themselves without Help or Support by the other Chieftains and Clans coming in , Old Mac Kean of Glenco himself only ( as I am informed , as ad aram ultimam ) went to , and prevailed with Campbel of Ardkinglass , Sheriff-Deputy of Argile-shire ( a very worthy honest Gentlemen , and formerly a great Sufferer ) six days after the Diet was elapsed , who received him , and Mac Kean took the Oaths ; though at the same time it was , and is still the Opinion of many good men , that to confide in these men , or to bring them to Conformity to the Government , were Penelope's telam texere . Nor did the taking of the Oaths after the Diet prefixt was elapsed , save or protect them or him from the lash of the Law ( not having come in , in the terms of the Law ) the mercy tendered in the Indemnity being Conditional , in case they came in , and submitted before , or upon such a day ; but was a ground for mercy and mollification of the rigour of the Law , supposing him or them to have taken the Oaths bono animo , and upon true Repentance . I do not hear the rest of his Followers came in , and took the Oaths , judging , it 's like , he and they were safe by his only taking of the Oaths , though post meridiem diei . The Court ( it seems ) not knowing of these Transactions at a great distance of Four or Five Hundred Miles ( and being informed by all hands that they were Nests of Thieves and Robbers ) His Majesty , after refusal of many offered mercies , sent to treat them as Enemies and Rebels : Yet at the same time His Majesty , by his Instructions , as I am Informed , left room for Mercy to them , according to Discretion , and Circumstances of Time and Affairs , which is all could be expected in Reason from His Majesty . The Master of Stair , Secretary of State , writ Letters , it seems , likewise at the same time to the Government , or Officers of the Army there , much to the same purpose , but ( it 's said ) in severer terms , and exceeding His Majesty's Instructions , to treat them like the men they were represented . What may be in this , we know not , not having seen the Master's Letters ; but many wish that they , and all the Instructions relating to that matter of the Glenco-men , had been Printed , to undeceive the generality of good men , who speak as they affect , but could make no true Judgment of the matter as it then stood , only this , That the Parliament has been very Zealous to discover at whose Door the fault ( in killing the Glenco men ) lies . That they were killed in cold Blood , and under Trust * , judging themselves secure and safe ( with their Thirteen days Guests or Lodgers ) is undeniable . But in fine , The Parliament , as you have it in Publick , finds that His Majesty's Orders and Instructions had Mercy in graemio , so that it cannot lodge there , and God forbid it should . They have likewise voted Sir Thomas Livingstoun , Commander in Chief of His Majesty's Forces in Scotland ( who sent the Orders to Col. Hill , Governour of Fort William , and Hamilton , his Lieutenant-Colonel ) clear of it , as also Col. Hill , have summoned Lieutenant-Colonel Hamilton to appear before them , to Answer concerning the said matter ; and upon further Scrutiny where the said Murder will fix , I know not ( Grammatici certant , & adhuc sub judice , lis est ) for the common Souldiers will readily say , that they obeyed but their Superiour Officer's Command ; and the Master of Stair's Friends here say , that they desire the Master's Letters to be Printed , that the World may judge of them ; and if he be judged to have exceeded Bounds , or His Majesty's Instructions , it was his Zeal for the Government , but never intended at the same time that these men should be killed in cold Blood ; and that he did not at all know that any of the Glenco-men had taken the Oaths , ( either before or after the Diet ) when he writ these Letters , being at Court Four or Five Hundred miles distant , as said is ; so it 's wish'd the men , who had the Trust of the Execution of the matter upon the spot , had acquainted the Court or our Government of these unhappy mens then Circumstances , before they went so far on , in which case I doubt whether any of them had been killed or murdered , and consequently no Reflection had been upon any part of the Goverment , or any ever mentioned in the Affair . It 's an old saying , That the Counsels of Wise Men are certain , but Events uncertain . As for my own part , I know nothing of it , but God in Heaven , and the Master of Stair himself knoweth best if he be guilty of a designed murder of these men , or any others : Nor will I Argue about any Point such a Wise , Loyal Parliament have voted or found . But this I may say , That I do not understand where the Master of Stair's Interest lay to destroy the Glenco men , for if he be any ways suspected to be a Jacobite , it was not his Interest upon that score to destroy them by any means in Scotland , their Religion and blind Zeal bending them then altogether that way , whatever new Light these who are living of them have found of late , and if he be thought to be a Church of England man ( though that be against our present Constitution , yet no man in his right Wits will call it a Crime . ) These men were not Presbyterians , to be destroyed upon that score ; nor do I think any man would be so mad as to bribe him to kill them by Authority , without the Hand of Justice going along with it . Some good-natured People may say , out of good will to the Master , that they were Idle men , Robbers , Thieves , & Telluris inutile pondus , Granting all that yet a Statesman's Interest was , to make their Young men Souldiers , or to send them to the Plantations , which had been to good purpose . But a man of his Trust , Capacity , and Reason , to be Accessory to their Destruction in cold Blood , is unaccountable . And being the Honourable Parliament has found that Slaughter a Murder ( as no doubt it was ) in the manner it was done , and that the Master exceeded His Majesty's Instructions , it were a very pertinent Question to ask , What under God's Heavens , was the Master's Byass in the matter ? I can imagine none . There was an Information Printed and dispersed ( as you heard formerly ) by Commissary Dalrymple ( hearing that his Brother , the Master of Stair , and his Letters were made mention of in the Commission appointed for Examining the Glenco Business ) in Vindication of his Brother's Behaviour and Conduct , as Secretary of State , in the said Affair ; Representing , That if People did Construct some Paragraphs , Sentences , or Periods of his Brother's Letters so and so , without connexion of other Sentences , &c. without hearing ( in his own absence ) they did not know what to say of it . But if one Sentence , &c. were connected with others , the whole would not bear the Commentaries the People might put upon them separatim , a and several other Arguments to this purpose . The dispersing of which Informations , after the Commission 's Sentiment ( and they being ready to report their Opinion in open Parliament ) gave Offence to the Parliament . He said , his Printing and Dispersing of them , was before the Vote of Parliament , and said , he intended to give no Offence , mean time he was reprimanded , and was obliged to beg Pardon . The Parliament since Summoning of Lieutenant-Colonel Hamilton , have declared him Fugitive , for not appearing , he is gone since into Flanders , as we hear , to wait upon His Majesty . The Parliament have likewise made an Address to the King , to send Persons home , who may be found Guilty , to be prosecuted for the said Murder , or not , as His Majesty thinks fit . Sir , This Parliament have done great things for His Majesty's Service , and Safety of the Publick : For though there might have been some misunderstandings between some of the Members , yet all concurred unanimously to serve the King and the Country . You know what was said concerning the Nation and Common-wealth of the Romans , Tantae molis erat , Romanam condere gentem . For great matters take up much time to effectuate the ends proposed ; so as we have had good beginnings , good proceedings , hopes all our matters will end well ; for though the almost desperate and uneasie Jacobites ( who but fish in muddy Waters ) should vaunt upon the occasion of some Accidents , ( as to see some honest , well-meaning men differ only in Points of Opinion , ) they being a People soon elevated to Castles of the Air , and soon cast down to the Dust , yet all the bustle they make , comes to nothing at last , but exposes themselves the more to folly . And I am very apt to believe , that all our seeming Differences would evanish upon the sight of our most Gracious King's Presence , upon his Throne in our Parliament ; so will conclude with a great Moralist's saying , or to this purpose , That by the two Blessings of Reason and Union , we might secure and defend our selves against the violence of Fortune ; Sense and Reason we have enough , and what is wanting of the latter , I hope the Defeat of Lewis Le Grand , and our most Gracious King's ( I mean King William's ) Presence once here in our Parliament , would , I am certain , effectuate . I long to see His Majesty here . Vale , & bene valeat & Vivat Rex noster Gulielmus . FINIS . Notes, typically marginal, from the original text Notes for div A46076-e210 * Lintae foris talpae domi . * Fortuna non mutat genus . a A Counsellor at Law. b Or one of the 15 Judges c Cases . ( c ) Journal . d Or Lord Chief Justice . * Qui vindice nullo sponte sua sine lege fidem rectumque colebat . * Beatus ille qui procul à negotii , &c. Horat. car . 5. g The Articles was a Committee of Parliament then in use , made up of the 8 Statesmen , 8 Noblemen , and so many Bishops , and 8 Burgers , and the Commissioner and Statesmen ruled all there . h Or Pardon . * Hic murus aheneus esto , nil conscire sibi nulla palescere culpa . i Attorney General . i a Decree . * sic stetit sententia . k A Sist is a stop of Execution of a Decree by a Judge for a certain limited time . l Lord Stair pay Tithes to the Bishop . m An Abatement . p In Presence of , and by the unanimous consent of all the Lords . q Produced . r Or Annuity . q Diet signifies the day appointed in the Indemnity to come in by . * Faber est quisque fortunae suae . a It 's a saying of the great Seneca . That the best way to help every thing by a fair Interpretation , and where there is a doubt , is , to allow it the most favourable Construction . 
A46474	----	His Majesties gracious letter to the lord provost, bailzies, and remanent magistrates, and town council of the city of Edinburgh Scotland. Sovereign (1685-1688 : James VII) 1685 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46474 Wing J194A ESTC R41408 31355295 ocm 31355295 110385 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46474) Transcribed from: (Early English Books Online ; image set 110385) Images scanned from microfilm: (Early English books, 1641-1700 ; 1741:1) His Majesties gracious letter to the lord provost, bailzies, and remanent magistrates, and town council of the city of Edinburgh Scotland. Sovereign (1685-1688 : James VII) James II, King of England, 1633-1701. 1 sheet ([1] p.). s.n., [Edinburgh? : 1685] Place and date of publication from Wing (2nd ed.). Imperfect: cut at center fold, with loss of text. "Given at our Court at Whitehall the 28. day of February 1684/5 and of our Reign the 1st year. By His Majesties command. Drummond." Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Edinburgh (Scotland) -- History -- 17th century. Scotland -- History -- 1660-1688. Great Britain -- History -- James II, 1685-1688. Broadsides -- Edinburgh (Scotland) -- 17th century. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion J R HONI SOIT QVI MAL Y PENSE GOD SAVE THE KING royal blazon or coat of arms His MAJESTIE' 's Gracious LETTER , TO THE LORD PROVOST , BAILȜIES , and REMANENT MAGISTRATS , and TOWN COUNCIL of the CITY of EDINBVRGH . Feb ● on K Ch death the Kings Ans to the town of Edinburghs Addresse JAMES R. TRUSTY and welbeloved , Wee greet you well . Having received yesterday from our Secretary LUNDIN your very Loyal and Dutiful Address , Wee have thought fit to let you know , that it was very acceptable to US , and suitable to that Zeal and Loyalty you have at all times expressed in the Reign of our late Dearest and Royal Brother of Blessed Memory : And from these early and ample Expressions of your Duty to Us , Wee are so much perswaded of your sincere Resolutions to continue the 〈…〉 to assure you , that upon all occasions wee will show our kindness to you and that our good Town ; Of whose concerns in every thing that may contribute to your and their welbeing Wee will have a peculiar care ; Assuring you withall , that Wee are so sensible of your former Services since you entred into the Magistracy of that our good Town , as Wee think fit to return you our hearty thanks , and to assure you , that you shall meet with the good effects thereof when an opportunity shall be offered to Us for the same . So not doubting your continuing to act faithfully and vigorously in our Service , Wee bid you Farewell . Given at our Court at Whitehall the 28 day of February 1684 / 5 ; and of our Reign the 1 st . year . By His MAJESTIES command , DRVMMOND . 
A46475	----	His Majesties gracious letter to the Parliament of Scotland with the speeches of the Lord High Commissioner and the Lord High Chancellor : together with the Parliaments answer to His Majesties letter. England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 25 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-10 (EEBO-TCP Phase 1). A46475 Wing J195 ESTC R30362 11300319 ocm 11300319 47363 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46475) Transcribed from: (Early English Books Online ; image set 47363) Images scanned from microfilm: (Early English books, 1641-1700 ; 1464:31) His Majesties gracious letter to the Parliament of Scotland with the speeches of the Lord High Commissioner and the Lord High Chancellor : together with the Parliaments answer to His Majesties letter. England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. Scotland. Parliament. 8 p. Printed by Thomas Newcomb in the Savoy, re-printed at Edinburgh by the heir of Andrew Anderson ..., [Edinburgh] : 1685. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- James II, 1685-1688. Scotland -- History -- 1660-1688. 2003-05 TCP Assigned for keying and markup 2003-06 Aptara Keyed and coded from ProQuest page images 2005-02 Mona Logarbo Sampled and proofread 2005-02 Mona Logarbo Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion HIS MAJESTIES GRACIOUS LETTER TO THE PARLIAMENT OF SCOTLAND : With The Speeches of the Lord High Commissioner , and the Lord High Chancellor ; together with the Parliaments Answer to His MAJESTIES Letter . Published by Authority . HONI SOIT QUI MAL Y PENSE IR royal blazon or coat of arms Printed by Thomas Newcomb in the Savoy ; And Re-printed at Edinburgh , by the Heir of Andrew Anderson , Printer to His most Sacred Majesty : Anno DOM. 1685. His MAJESTIES Gracious Letter to the Parliament of Scotland , with the Speeches of the Lord High Commissioner , and Lord High Chancellor ; Together with the Parliaments Answer to His MAJESTIES Letter . JAMES R. My Lords and Gentlemen , THe many Experiences We have had of the Loyalty and Ex●mplary Forwardness of that our Ancient Kingdom , by their Representatives in Parliament Assembled , in the Reign of our dearest and most entirely beloved Brother of ever Blessed Memory , made us desirous to call you at this Time in the beginning of Our Reign , to give you an opportunity not only of shewing your Duty to Us in the same manner , but likewise of being Exemplary to others in your Demonstrations of Affection to Our Person , and compliance with Our desires , as you have most eminently been in Times past , to a degree never to be forgotten by Us , nor ( We hope ) to be contradicted by your future Practices . That which We are at this Time to propose unto you , is , what is as necessary for your Safety as Our Service , and what has a tendency more to secure your own Priviledges and Properties , than the Aggrandising our Power and Authority ( though in it consists the greatest Security of your Rights and Interests , these never having been in danger except when the Royal Power was brought too low to protect them ) which now We are resolved to maintain in its greatest Lustre , to the end we may be the more enabled to Defend and Protect your Religion as Established by Law , and your Rights and Properties ( which was Our Design in calling this Parliament ) against Phanatical Contrivances , Murderers and Assassins , who having no fear of God more than Honour for Us , have brought you into such difficulties as only the Blessing of God upon the steddy Resolutions and Actings of Our said dearest Royal Brother , and those employed by Him , ( in Prosecution of the good and wholsome Laws by you heretofore offered ) could have saved you from the most horrid Confusions and Inevitable Ruin. Nothing has been left unattempted by those wild and inhumane Traitors for endeavouring to overturn your Peace : And therefore We have good Reason to hope , that nothing will be wanting in you to secure your selves and Us from their outrages and violence in time coming , and to take care that such Conspirators meet with their just deservings , so as others may thereby be deterred from Courses so little agreeable to Religion , or their Duty and Allegiance to Us. These things We considered to be of so great importance to Our Royal , as well as the Universal interest of that Our Kingdom , that We were fully resolved in Person to have proposed the needful Remedies to you , but things having so fallen out as render this impossible for us ; We have now thought fit to send our Right Trusty and Right entirely beloved Cousin and Counsellour William Duke of Queensberry to be Our Commissioner amongst you ; of whose Abilities and Qualifications We have Reason to be fully satisfied ; and of whose Faithfulness to Us , and Zeal for Our Interest we have had Signal Proofs in the Times of Our greatest difficulties . Him We have fully intrusted in all Things Relating to Our Service , and your own Prosperity and Happiness , and therefore you are to give him intire Trust and Credit as you now see We have done ; From whose Prudence and your most Dutiful Affection to Us We have full Confidence of your entire Compliance and Assistance in all those Matters wherein he is instructed as aforesaid . VVe do therefore not only recommend unto you , that such things be done as are necessary in this Juncture for your own Peace , and the support of Our Royal Interest , both at home and abroad , but also that you do them so speedily as may Evidence to the World that you are still in the same manner addicted to the Royal Interest , of which we had so much Experience when amongst you , that we cannot doubt of your full and ample Expressing the same on this occasion ; by which the great concern We have in you Our Ancient and Kindly People may still increase , and you may transmit your Loyal Actions ( as Examples of Duty ) to your Posterity . In full Confidence whereof We do assure you of Our Royal Favour and Protection in all your concerns . And so We bid you Heartily Farewell . Given at Our Court at Whitehall , the 28 th day of March , 1685. and of Our Reign the first Year . By His Majesties Command , DRVMMOND . The Speech of the Lord High Commissioner . My Lords and Gentlemen , HIs Majesty has been pleased so fully and obligingly by the Letter you have now heard to intimate his Royal pleasure to you , as what I am to say seems in a manner superfluous , so I need not take up much of your time , nor shall I do more than touch a few things as briefly as is possible . And in the first place , my Lords , This being the day of His Majesties Coronation in our Neighbouring Kingdom , you see he is no sooner placed on the Throne of his Royal Ancestors than he inclines to have your advice in what may import the good of his Service and Subjects here ; By which you ought not only to be convinced of the great confidence His Majesty has in the Loyalty of this his Ancient Kingdom , and their good Example to his other Dominions , but also how fully he makes good his Royal Word and Declaration , to follow ( in his Reign ) the Example of his late Majesty of ever glorious Memory under whose Protection and Government we enjoyed so long Peace and Quiet ; I say ( my Lords ) as by calling you so soon , His Majesty expresses great confidence in you , and seems still mindful of the Zeal and Affection of the last Parliament for the Rights and Prerogative of the Crown , so ( in a due return ) it is not to be doubted , but you will upon this occasion not only exceed what has been formerly done , but also comply with all that can be proposed for establishing His Majesties Greatness and your own Security , and by this convince the World how sensible you are of the great honour His Majesty has allowed you of being the first Parliament of his Dominions to do so . I am in the next place to tell you , that His Majesty is very mindful of the Duty and Loyalty of this Kingdom to his late Majesty and himself , when he was here amongst us : And the better to compose the minds of his faithful Subjects , I am allowed to assure you of his Princely Resolutions to protect and maintain the Religion and Government of this Church as they are now Established by Law , and that he will take the Persons and Concerns of the Regular Clergy into his special Care and Protection ; And in order thereunto , I am to give the Royal Assent to such Laws and Acts as can be reasonably proposed . I am likewise to let you know , That His Majesty will concernedly maintain your just Rights and Properties according to the Established Laws of this Kingdom , and will not allow of oppressive Arbitrary Proceedings in Souldiers or others , And further His Majesty being sensible of the great decay of our Trade , has warranted me in His Royal Name to consent to such Laws as can reasonably be proposed for recovery and improvement thereof . And , my Lords , to conclude what I am to say on this Subject , His Majesty is so concerned in the Encouragement , Welfare and Prosperity of this his Ancient Kingdom , as He will not only do what can justly be desired or expected for these ends , but even in Business of the Excise and Militia ( his immediat concerns ) I am warranted to go the greatest lengths for your ease and conveniency that the nature of these things can bear , and His Majesties Service and your own Security will allow . And , my Lords , His Majesty having in all things so evidently discovered his gracious inclinations for the good of this Kingdom , and given us the fullest assurances of his Favour and Protection that our hearts can desire , what suitable Returns and Acknowledgments can we make to so excellent and imcomparable a Prince , who in all things relating to our quiet and prosperity prevents our very desires ; So if during his Reign ( which I pray God to make long and glorious ) we be not the happiest people in the World , we have only our selves to blame . And now the King having so fully done his part , it concerns you in the next place to mind yours ; And in order thereunto , I make no doubt but you will assert the Rights and Prerogatives of the Crown , and establish the Revenue as amply upon His Majesty and his Lawful Successors as it was enjoyed by the late King or any of his Royal Predecessors , since you cannot ( in the least ) doubt but his Royal care for your repose and security will rather exceed than fall short of any of his Ancestors . But to use any further Arguments to incite you to what is so much your Duty and Interest , were at the same time to question your Loyalty and Zeal for His Majesties Service , and your concern for the interest and honour of your Native Country whose Representatives you are , so I shall not injure you , nor lessen your thanks by saying more upon this Subject . My Lords , His Majesty certainly expects from the Prudence and Loyalty of this Parliament , that effectual ways will be fallen upon for destroying that desperate Phanatical and irreclaimable Party who have brought us to the brink of Ruine and Disgrace , and are no more Rebels against the King than Enemies of Mankind ; Wretches of such Monstrous Principles and Practices as past Ages never heard , nor those to come will hardly believe : What Indemnities and Acts of Grace and Clemency have they not Contemned ? And all the use they made of them has still been to harden and confirm them in their execrable Villanies ; and how inconsiderable soever they appear , assure your selves they ought not absolutely to be contemned ; for if they had not support and correspondence not yet discovered , it is not to be supposed they could have so long escaped the care and vigilance of the Government : It therefore concerns you both in Honor and Prudence , no longer to dally with them , but that the utmost severities be most effectually applied , and all wayes taken , both to find out their Favourers and retired and secret Haunts . My Lords , I doubt not but all of you sufficiently know that some of our Nation are deeply involved in the late Horrid Conspiracy , who ( and some others for other Treasonable Crimes and Practices ) are to be proceeded against before this Parliament ; The Evidence of their Guilt I shall leave to its proper Place and Time , and do not doubt but His Majesties Advocate will manage that weighty matter with suitable care and faithfulness : So all I shall further say upon this Subject at present is , that if Almighty God ( who watches over the security of Princes ) had not Miraculously Discovered and disappointed those the most Hellish and Barbarous Designs that were ever contrived , in Place of that Peace , Happiness , and Tranquillity which we now Enjoy , these Kingdoms had certainly been at this day a Sea of Blood and in all imaginable Misery and Desolation ; which ( being evident beyond denial ) will certainly provoke your and all good Mens Indignation and Resentment against those who can be reached , not only as Advisers and Contrivers of such Villanies , but Concealers of them : And since our Honour and Security every way seems absolutely bound up in the Life of His Sacred Majesty , ought we not most cheerfully to grant what the Exigencies of His mild and gentle Government requires ? Especially seeing what we give is still bestowed upon our selves , and for maintaining us in our just Rights and Possessions , against the most cruel and Barbarous Designs of His and our Enemes . And now my Lords and Gentlemen , in the last place touching my self I shall not say much , my unfitness for this Eminent station is possibly more obvious to me than to any of you ; however since His Majesty has been Graciously pleased to place me in it , I am resolved to serve him boldly and firmly , and thereby labour to make up my other great defects : And as this has still been my Practice in the other great Trusts I have the Honour to carry under His Majesty , so I know His Goodness will always accept the sincere endeavors of His Servants in place of greater Performances . The Lord High Chancellor's Speech . My Lords and Gentlemen . AFter what my Lord Commissioner hath so well represented to you , it will be very little necessary for me to say much . I shall only take the liberty to put you in mind , ( of what I believe you are very sensible already ) of the many obligations this Nation lies under to be grateful to our great Monarch . When by the Command of the late King , His Majesty who now Reigns came first hither , what Disorders , Divisions , and Animosities found He amongst us ? To bring the state of things into your prospect as it was then , could not be very grateful to you , nor pleasing to me , but we all remember with joy how well He left us , and by what easie gentle ways He brought about the Establishment of that Unity , which we were beginning to despair of : Since that time , how much we have been in His particular care , during the Happy Reign of that Excellent Prince His Brother , of ever Blessed and Glorious Memory , is known to all the World. But of all the instances of His Majesties Care for us , his Favour towards us , and his good Opinion of us , this of His calling us together in the very beginning of his Reign , ( which God grant may be long and prosperous ) that we might have the opportunity of presenting Him with the first Fruits of the Service of His Parliaments , and of becoming Exemples to His other Dominions , is the greatest and what we should prize the most , improving it as far as it will go . When we consider what strange turns the extravagant Follies of some , and the malicious devilish Contrivances of others among us have taken , since the last Meeting of Parliament , what Convulsions have Attacted the Body of this Nation , and how vile a Ferment has raged in it , to have our Advice called for by our Prince , how to provide proper Remedies for it , is the greatest Honour could be put upon us . That we may do what in Duty we are bound in return , let us lay aside all private Aims and Ends ; for how can we hope to serve His Majesty , or promote the Interest of the Nation , while our Eye is directed only towards our own particular ? and let us with the Frankness and Cheerfulness of honest SCOTS MEN. use all possible means for Uniting of the Nation , and the driving from amongst us , whoever will not joyn with us upon such Terms as may conduce to the Advancement of the Honour and Interest of our King and His Crown , and the Well-being of this our Native Countrey , which we should not suffer to be defiled and rendred contemptible to the whole World by entertaining so Venemous a Bastardly brood of villanous men , as have of late , to the reproach of Scotland , and of Humane Nature it self , maintained Principles , and ventured upon Practices not to be named amongst any who have ever heard of a Government , much less of Religion . My Lords and Gentlemen . You all know what a Conspiracy hath been entered into by ill men of both Kingdoms , against the Sacred Lives of the late King and his present Majestie ; and who but incarnate , Devils could think of attempting any thing against such precious Lives ? For what Prince in E●rop , or the whole World , was ever like the late King , except His Glorious Brother who now Reigns ? and to have cut off any of them , had been barbarous to a degree of making us appear more abominable then any people ever were , but for us to have lost both , had been our utter ruine . Yet against both was the design laid , and had suceeded , if that watchful Providence , which hath often preserved the two Royal Brothers in so many difficulties , had not defeated the success , by an un-fore-seen accident , and had it succeeded , what Confusion , what Cruelty , what Blood , what un-expressible Misery had overflowed these Kingdoms ? But besides this , we have a new Sect sprung up amongst us from the dunghil , the very dregs of the people , who kill by pretended Inspiration , and in stead of The Temple of the Lord , the Temple of the Lord , have nothing in their mouths but The Word of God , wresting that blessed conveyance of his Holy Will to us , to justifie a practice suggested to them by him who was a Murtherer from the beginning , who having modelled themselves into a Common-wealth , ( whose Idol is that accursed paper the Covenant , and whose only Rule is to have none at all ) have proceeded to declare themselves no longer His Majesties Subjects , to forefeit all of us who have the honour to serve him in any considerable station , and will be sure ere long to do so by this great and honourable Court. It is how to rid our selves of these men , and of all who incline to their Princ●ples , that we are to offer to His Majesty , our Advice , Concurrence , and utmost Assi●ance . These Monsters bring a publick reproach upon the Nation in the eyes of all 〈◊〉 Neighbours abroad , while in their Gazets we are mentioned as acting the vilest Assass●nations , and the horridest Villanies , they render us unquiet and unsecure at hom● they bring Reproach upon our Religion , and are our great plague . Let us for the sake of our Allegiance , for His Majesties Honour , for our Reputatio● abroad , for the vindication of our Religion , and for our own Peace and Tranquillity make haste to get our selves cured of it . If this were once effectuated , we might yet hope for quiet , and in order to the making our quiet the more comfortable to us , when once we are come to a Resolution abou● what relates to the publick peace , and to the respect we owe to His Majesty , we may have occasion of considering what Laws may be necessary towards the facilitating th● well-governing of our selves and Native Countrey , both as to the regulating our Carriag● one towards another , and the securing our Estates , from any thing that may be unea 〈…〉 from the distribution of Justice between man and man , as to the improving of our Trade and Commerce abroad , and encouraging Industry and Frugality at home ; for in all these things His Majesties care will not fail us . And my Lord Commissioner amongst his many other advantages , is so well known to be a lover of his Countrey , that we need not fear , but that He will give his Concurrence in what He is allowed so freely to consent to . My Lords and Gentlemen . To encourage us to do all we can towards the service and the Honour of our Glorious Monarch , let 〈◊〉 consider Him in all His Personal Advantages , whether in what relates to War or Peace , where has the World afforded such another ? One whose Natural Endowments have been improved by his great experience , at home and abroad , in Armies and Courts , by the greatest tryals of the most differing kinds ; those of prosperity and success , and of adversity and opposition , of hazards and toyle , and of Authority and Command in the strictest adhering to His Word ; such Temperance and Sobriety , so indefatigable a diligence in Affairs , so Undaunted a Courage upon all occasions , and so unwearied a Clemency towards the most obstinate malicious Offenders ? Did ever Heroe compleat the Character so fully , in overcoming bravely , and shewing gentleness to the vanquished ? And I must say , the Triumphs of His Patience are not His obscurest Glories ; nor is the forgiving of those whose virulent Tongues , would have Tainted his Fame , if their malice could have reached it , what is least to be admired in him ; what Reputation other Princes have laboured for , at the vast extent of Blood and Treasure , and the putting of a constant constraint upon themselves , sits so easie upon Him , that what they would have , He forces from the Consciences of his very Enemies by His Merit , and it costs Him no more than to be Himself But this Theme is not for me , I do Him wrong , and while it may be at this very moment , He is receiving the Acclamations of His good Subjects , in the chief City of our Neighbour Nation , at the great Solemnity of His Coronation there , I am detracting from Him here , by giving him too low a Character . I shall onely add , that He gave to Subjects the greatest example of Loyalty and Obedience while He was one Himself ; and now He is an example to all Kings in His Love , His Clemency , and Care towards his People . Let us give Him the return of our Love , our Fidelity , and our Obedience . And seeing He takes pleasure in nothing so much , as in our felicity and prosperity , let it be an additional tye upon us to advance His Honour and Greatness , by all the endeavours of our Lives , without reserve , and with our whole Fortunes , which under His protection we may ( if we please ) so peaceably and comfortably enjoy . The Parliaments Answer to His Majesties Letter . May it please your Sacred Majesty . YOur Majesties gracious and kind remembrance of the Services done by this your ancient Kingdom , to the late King your Brother of ever-Glorious Memory , shall rather raise in us ardent desires to exceed whatever we have done formerly than make us consider them as deserving the Esteem your Majesty is pleased to express of them , in your Letter to us dated the 28 th of March. The death of that our excellent Monarch is lamented by us to all the degrees of Grief that are consistent with our great Joy for the Succession of your Sacred Majesty , who has not onely continued , but secured the Happiness which His Wisdom , His Justice , and Clemency procured to us : And having the honour to be the first Parliament which meets by your Royal Authority , of which we are very sensible , your Majesty may be confident that we will offer such Laws as may best secure your Majesties Sacred Person , the Royal Family and Government , and be so exemplarily Loyal , as to raise your Honour and Greatness to the utmost of our power , which we shall ever esteem both our Duty and Interest . Nor shall we leave any thing undone for extirpating all Fanaticsm , but especially those Fanatical Murtherers and Assassins , and for detecting and punishing the late Conspirators , whose pernicious and execrable designs did so much tend to subvert your Majesties Government , and ruine us and all your Majesties faithful Subjects . We can assure your Majesty that the Subjects of this your Majesties ancient Kingdom are so desirous to exceed all their Predecessors in extraordinary marks of affection , and Obedience to your Majesty , that ( God be praised ) the onely way to be Popular with us , is to be eminently Loyal . Your Majesties care of us when you took us to be your special Charge , your Wisdom in extinguishing the seeds of Rebellion and Faction amongst us , your Justice which was so great , as to be for ever exemplary , But above all , your Majesties free and cheerful securing to us our Religion when you were the late King your Royal Brother's Commissioner , now again renewed when you are our Soveraign , are what your Subjects here can never forget . And therefore your Majesty may expect that we will think your Commands sacred as your Person , and that your Inclination will prevent our Debates . Nor did ever any who represented our Monarchs as their Commissioners , ( except your Royal Self ) meet with greater Respect , or more exact Observance from a Parliament , than the Duke of Queensberry ( whom your Majesty has so wisely chosen to represent you in this ; and of whose eminent Loyalty , and great Abilities in all his former Employments , this Nation hath seen so many proofs ) shall find from , May it please your Sacred Majesty , Your Majesties most Humble , most Faithful , and most Obedient Subjects and Servants , In name of the Parliament , Sic Subscribitur , PERTH Cancell . I. P. D. Parl. At Edinburgh the 28th of April , 1685. 
A46516	----	A proclamation England and Wales. Sovereign (1685-1688 : James II) 1687 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46516 Wing J253 ESTC R446 13653058 ocm 13653058 101000 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46516) Transcribed from: (Early English Books Online ; image set 101000) Images scanned from microfilm: (Early English books, 1641-1700 ; 791:52) A proclamation England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. Paterson, William, 1658-1719. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, printer to His Most Sacred Majesty, and reprinted by Thomas Newcomb for S. Forrester ..., Edinburgh : 1687. At head of title: By the King. Dated: 28 day of June, 1687. Extends the king's proclamation of 12 February 1687 for further liberty of conscience in Scotland. "Extracted forth of the records of His Majesties Council by me Sir William Paterson, Clerk to His Majesties most Honorable Privy Council." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Liberty of conscience -- Scotland -- Early works to 1800. Scotland -- Church history -- 17th century -- Sources. Scotland -- Proclamations. Broadsides -- Scotland -- Edinburgh (Lothian) -- 17th century 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion J 2 R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms By the King , A POCLAMATION . JAMES R. JAMES the Seventh , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects whom these Presents do or may Concern , Greeting . Whereas by Our Royal Proclamation of the Date the 12th Day of February 1686 / 7. We were Graciously pleased , for the Causes , and on the Terms therein mentioned , to grant Our Royal Toleration to the Professors of the Christian Religion therein named ; With and under certain Restrictions and Limitations ; All which are in the said Proclamation more at length expressed . We now taking into Our Royal Consideration the sinistruous Interpretations which either have , or may be made , of some Restrictions therein mentioned , Have thought fit , by this Our Royal Proclamation , further to declare , That We will protect Our Archbishops and Bishops , and all Our Subjects of the Protestant Religion , in the free Exercise of their Protestant Religion , as it is by Law Established , and in the Quiet and Full Injoyment of all their Possessions , without any Molestation or Disturbance whatsoever . And We do likewise , by Our Sovereign Authority , Prerogative Royal , Absolute Power , Suspend , Stop ; and Disable all Penal and Sanguinary Laws made against any for Nonconformity to the Religion Established by Law in that Our Ancient Kingdom , or for Exercising their respective Worships , Religions , Rites and Ceremonies ; All which Laws are hereby Stopt , Suspended , and Disabled , to all Intents and Purposes . And to the End , that by the Liberty thereby granted , the Peace and Security of Our Government , in the Practice thereof , may not be Endangered , We have thought fit , and do hereby straitly Charge and Command all Our Loving Subjects , that as we do give them leave to meet and serve God after their own Way and Manner , be it in Private Houses , Chappels , or Places purposely Hired or Built for that Use , so that they take Care that nothing be Preached or Taught among them which may any ways tend to Alienat the Hearts of our People from Us , or our Government , and that their Meetings be peaceable , openly and publickly held , and all Persons freely admitted to them , and that they do signifie and make known to some one or more of the next Privy Counsellors , Sheriffs , Stewards , Baillies , Justices of the Peace , or Magistrats of Burgs-Royal , what Place or Places they set a part for these uses , with the Names of the Preachers . And that all Our Subjects may enjoy such their Religious Assemblies with greater Assurance and Protection , We have thought fit , and do hereby Command , That no Disturbance , of any kind , be made , or given unto them , under Pain of Our Royal Displeasure , and to be further proceeded against with the outmost Severity ; Provided always , that their Meetings be in Houses or Places provided for the purpose , and not in the Open Fields , for which now , after this Our Royal Grace and Favor shown , ( which surpasses the Hopes , and equals the very Wishes of the most Zealously concerned ) there is not the least shadow of Excuse left ; Which Meetings in Fields We do hereby strictly prohibit and forbid , against all which We do leave Our Laws and Acts of Parliament in full Force and Vigor , notwithstanding the Premises ; And do further Command all Our Judges , Magistrats , and Officers of Our Forces , to prosecute such as shall be Guilty of the saids Field Conventicles , or Assemblies with the outmost Rigour , as they would avoid Our Highest Displeasure ; For We are confident none will , after these Liberties and Freedoms We have given to All , without Reserve , to serve God in their own Way , presume to meet in these Assemblies , except such as make a Pretence of Religion , to cover their Treasonable Designs against Our Royal Person , and the Peace of Our Government . And Lastly , To the end all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timeous Proclamation thereof at the Mercat-Cross of Edinburgh : And besides the Printing and Publishing of this Our Royal Proclamation , It is Our express Will and Pleasure , that the same be past under Our Great Seal of that Our Kingdom per saltum , without passing any other Seal or Register . In order whereunto , these shall be to the Directors of Our Chancellary and their Deputs , for Writing the same , and to Our Chancellor , for causing Our Great Seal aforesaid to be Appended thereunto , a sufficient Warrand . Given at Our Court at Windsor the 28 day of June , 1687. And of Our Reign the Third Year . By His MAJESTIES Command . MELFORD . Edinburgh , July 5. 1687. Present in Council James Earl of Perth Lord High Chancellor . John Lord Archbishop of Glascow . The Lord Marquis of Athol Privy Seal . Duke of Hamilton . Duke of Gordon , Earl of Arran . Earl of Linlithgow Lord Justice-General . Earl of Dumfermling . Earl of Strathmore . Earl of Landerdale . Earl of Southesk . Earl of Airly . Lo. Viscount Tarbat . Lo. Viscount Strathallan . Lo. Livingston . Lo. President of Session . Lo. Advocate . Lo. Justice-Clerk . Lo. Castlehill . General Leiutenent Dowglas . Niddrie . THE above-written Proclamation from His most Sacred Majesty , being Read in His Privy Council of Scotland , was in pursuance of His Majesties Royal Commands ordered to be publised with all due Solemnities . Extracted forth of the Records of His Majesties Council by me Sir William Paterson Clerk to His Majesties most Honourable Privy Council . WILL. PATERSON . GOD SAVE THE KING . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , and Reprinted by Thomas Newcomb , for S. Forrester , in Kings-street Westminster , 1687. 
A46532	----	A proclamation against all persons who have intrometted with the goods of forefaulted rebels and traitors, &c. England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46532 Wing J309B ESTC R35431 15305055 ocm 15305055 103383 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46532) Transcribed from: (Early English Books Online ; image set 103383) Images scanned from microfilm: (Early English books, 1641-1700 ; 1189:21) A proclamation against all persons who have intrometted with the goods of forefaulted rebels and traitors, &c. England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. 1 broadside. Edinburgh printed by the heir of Andrew Anderson ; this may be reprinted at London August the 21th for J.C., [London] : 1685. Reproduction of original in the Huntington Library. "Given under our signet at Edinburgh, the eleventh day of August, 1685. And of our reign the first year." Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal coat of arms A PROCLAMATION Against all Persons who have intrometted with the Goods of Forefaulted Rebels and Traitors , &c. JAMES by the Grace of God , King of Great Brittain , France and Ireland , Defender of the Faith , To _____ Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as We understanding , that several persons do at their own hand Intromet with the Goods and Gear of those Rebels and Traitors lately forfaulted by Our Parliament and Justice-Court , and others Fugitives and Rebels from Our Laws ; and more especially , Cut and Destroy the Woods , Trees , Plantings , and Orchards of the Lands lately belonging to them , in high Contempt of Our Authority , and to Our Enorm Prejudice , these Lands being annexed to the Imperial Crown of this Our Ancient Kingdom . And We being Resolved , that the former Transgressors , as well as these who may hereafter be guilty of the saids Crimes , may be brought to condign Punishment : Do with Advice of Our Privy Council , hereby strictly Require and Command all Our Sheriffs , and other Magistrates within whose Jurisdiction the foresaid Abuse and Crimes have been committed , to make strict Inquiry and Tryal anent the Delinquents , and Sentence and Punish them as well for their by gone Guilt aforesaid , as for what may be done by them or any others in time coming , according to Our Laws and Proclamations , as Committers of Thieft , and for Reset of Thieft . Certifying hereby , Our saids Sheriffs and other Magistrates , that if they fail in their Duty herein , they themselves shall be lyable , for concealing , to the same Pains and Penalties , which might have been , or may be Incurred by the saids Transgressors , besides being otherways punished , as Our Council shall think fit . And for Encouragement of such as shall any ways Discover either the Negligence , Tolerence , or Connivance of Our saids Magistrates , or the Transgressors , so as they may be found guilty by Sentence . We hereby Declare , That those Informers and Discoverers shall have for their Reward , the one half of their Fynes , the other half thereof being to be paid in to Our Cash-keeper for Our Use . And that Our pleasure in the Premises may be known ; Our Will is , and We Charge you strictly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and all the other Mercat-Crosses of the Head-Burghs of the Shires of this Kingdom ; and thereby open Proclamation , in Our Royal Name and Authority make Publication of Our Pleasure in the Premises that all Persons concerned , may have notice thereof , and give Obedience accordingly , as they will be answerable ; and Ordains the Sheriffs of the several Shires to cause Publish this Proclamation . Given under Our Signet at Edinburgh , the Eleventh day of August , 1685. And of Our Reign the first Year . Per Actum Dominorum Secreti Concilij . COL MACKENZIE , Cls. Sti. Concilij . God save the King. Edinburg , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , This may be Reprinted at London August the 21th . for J. C. 1685. 
A46535	----	James the Seventh by the Grace of God, King of Scotland, England, France, and Ireland ... England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46535 Wing J316 ESTC R2632 12889163 ocm 12889163 95070 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46535) Transcribed from: (Early English Books Online ; image set 95070) Images scanned from microfilm: (Early English books, 1641-1700 ; 716:9) James the Seventh by the Grace of God, King of Scotland, England, France, and Ireland ... England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. 1 sheet ([1] p.) : 31 x 40 cm. Printed by the heir of Andrew Anderson ... ; for L. Curtiss ..., Edinburgh : and Reprinted at London : 1685. Broadside. Title taken from first lines of text. Concerns dissolving of Scottish Parliament upon death of Charles II. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament. Scotland. -- Convention of Estates. Broadsides -- England -- London -- 17th century 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal coat of arms JAMES R. JAMES the Seventh by the Grace of GOD , King of Scotland , England , France , and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects whom these presents do or may concern , Greeting . Whereas by the decease of Our most dear and most entirely beloved Brother King Charles the Second of ever blessed Memory , the Parliament of Our Ancient Kingdom of Scotland , which was current before that time , is now actually dissolved . And seeing upon divers weighty Considerations , of great Importance to our Service , and to the Peace and Tranquillity of that Our Ancient Kingdom , We have thought fit to call a Parliament to meet at our City of Edinburgh upon the Ninth day of April next ensuing the date of these Presents . We do therefore Require and Command all Arch-Bishops , Dukes , Marquisses , Earls , Viscounts , Bishops , Lords , and Officers of State of Our said Ancient Kingdom to be present and attend that Dyer . And We do also Require and Command all our Sheriffs in the several Shires , and their Deputs forthwith to call and conveene all the Freeholders in the respective Shires , to the end that according to the Laws and Acts , of Parliament , Elections may be made of sit Persons to be Commissioners for this Parliament . And We do likewise Require and Command Our Royal Burrows to make choice of Commissioners accordingly ; and them and all Persons having Interest , to attend this Our Parliament , under the Pains contained in our Laws made thereanet . And to the effect all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timeous Proclamation of these Presents at the Mercat-Cross of Edinburgh , and at the Mercat-Crosses of the Head-Burrows of the several Shires of that Our Kingdom . Given at Our Court at VVhite-hall the Sixteenth of February 1685. And of Our Reign the first Year . By His Majesties Command , MORRAY . EDINBVRGH , the 20 of February 1685. ORdered by His Majesties Privy Council , that His Majesties said Proclamation be forthwith Published at the Mercat-Cross of Edinburgh , and all other places needful , with all the usual and accustomed Solemnities . And Printed . WILL PATERSON , Clericus Secreti Concilij GOD save the KING Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , and Reprinted at London for L. Curtiss , near Fleet-bridge . 1685. 
A46539	----	By the King, a proclamation containing His Majesties gracious and ample indemnity Scotland. Sovereign (1685-1688 : James VII) 1688 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A46539 Wing J319 ESTC R37019 16186275 ocm 16186275 105011 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46539) Transcribed from: (Early English Books Online ; image set 105011) Images scanned from microfilm: (Early English books, 1641-1700 ; 1595:98) By the King, a proclamation containing His Majesties gracious and ample indemnity Scotland. Sovereign (1685-1688 : James VII) James II, King of England, 1633-1701. 1 broadside. Printed by the heir of Andrew Anderson ..., Edinburgh : 1688. "Given at our court at White-hall, the twenty fifth day of September, 1688. And of our reign, the fourth year." Imperfect: cropped around royal arms of head. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- Revolution of 1688. Scotland -- Politics and government -- 17th century. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion BY THE KING , A PROCLAMATION , Containing His Majesties Gracious and Ample Indemnity . JAMES REX . JAMES the Seventh by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects , whom these Presents do , or may concern , Greeting . We having been graciously pleased , by Our Proclamation for Indulgence , for the better uniting of the Hearts of Our Subjects amongst themselves , and removing of all Discords and Jealousies , which the difference of Religion , and of their several Perswasions did occasion and foment amongst them , To allow to all Our Subjects , of whatsoever Perswasion , the free Exercise of their Religion , upon the Terms , and with the Provisions mentioned in Our Gracious Proclamation for Indulgence : And We still persisting in Our Princely and Fatherly Care of the Peace , Quiet , and Prosperity of all Our Subjects , and that We may at once extinguish all Fears and Jealousies , that any of Our Subjects may have deservedly incurred , by their Crimes and Delinquencies against Our Laws , and convince all Our Subjects , even the most obstinat and irreclaimable , of their Happiness and Security under the Protection and benign Influence of Our most Auspicious and most Clement Government ; Therefore , We , of Our unparalelled Clemency and Goodness , do , by vertue of Our Soveraign Authority , Absolute Power and Prerogative Royal , and from the Fulness , and Plenitude of the same , Parden , Remit , Indemnifie , and for ever Acquit all Our Subjects , of whatsoever Quality , State , or Condition , of all Crimes , of Perduellion , Rebellion , Treason , or Concealing of Treason ; Harbouring , Reset , Supplying , Corresponding and Intercommuning with Rebels ; and all other Species's or Kinds of Lase-Majestie , as well Common , as Statutory ; and of all Crimes of Leasing-making , Depraving , or Mis-construing of Our Laws , Mis-constructing of Our Proceedings , or Mis-representing to Us any of Our Subjects ; or Us to Our Subjects ; with all other Crimes , Offences , Delinquencies , or Transgressiens of whatsoever Nature , or Quality , Committed , Acted , or Done by any of Our Subjects , by Word or Writ , or any other Acts of Commission or Omission , preceeding the Date of these Presents , which Directly or Indirectly , are , or may Import , by any Inference , or Construction , the Contravention of any Law , Act of Parliament , Custom , or Constitution of that Our Ancient Kingdom , or may Infer any Pain or Punishment against any of Our Subjects , to the prejudice of their Lives , Fortunes , Estates , Fame , or Reputations , either ad vindictam publicam vel privatam ; Or for Damage and Interest : All which , We , by Vertue of Our Royal Authority , and out of the Plenitude , and Fulness of Our Power , Will , Ordain and Declare to be , and are hereby Pardoned , Acquitted , Indemnified , and put in Perpetual Oblivion , for now and ever . Declaring and Ordaining , that this General Pardon and Indemnity , shall be as Valid and effectual to all Our Subjects , for their Exoneration , and Security in the Premisses , as if every particular Crime , Offence , Delinquency , or Mis-demeanor were herein particularly set down ; and as if Remissions were past under Our Great Seal for the same ; Wherewith We , for Our Self , and Our Successors , have Dispensed , and hereby do Dispense for ever , Likeas , We do hereby Prohibite and Discarge any of Our Ministers or Judges , to call in question , any of Our said Subjects , either Criminally or Civilly for the same in any time coming : And do Declare and Ordain , that this Our General Indemnity shall be Interpreted in the most Benign , Favourable and comprehensive Sense , the same can admit of , for the Security of Our Subjects in the premisses . Excepting alwayes forth and from this Our Indemnity , all Forfaultures and Sentences or Dooms thereof , and that as to the Estates only thereby Forefaulted , but without prejudice to the Persons hereby Indemnified , and their Memories and Posterities , against whom the said Sentences or Dooms were given , and pronounced ; As likewise , Excepting all Pecuniarie Fines or Mulcts already paid or Transacted : And generally , Excepting all Fines exceeding One thousand Merks Scots the Fine , imposed upon Heretors and Liferenters , as to which Fines , nevertheless not paid or Transacted , and yet hereby Excepted : It is Our Royal Will and Pleasure , that all Execution , Personal or Real therefore be Suspended , for the space of one year hereaster ; during the which time , We are Resolved to take the same into Our Own Gracious Consideration . And further , Excepting forth , and from this Our Indemnity , the Murderers of James late Arch-Bishop of St. Andrews , the Murderers of Mr. Pearson , Minister at Carsfairn , and of Thomas Kennoway , and Duncan Stuart at Swine-Abbay ; As also , all Murders , Witchcrafts , Assassinations , Depredations , Roberies , Spulzies , Thests and Mutilations of private Persons ; All which Crimes , and those guilty thereof , are no way to be Comprehended in , or have any Benefit any manner of way , by this Our Pardon and Indemnity ; And likewise in particular , Excepting the Persons and Estates of Mr. Robert Ferguson Preacher , Partick Hume , sometimes called Sir Patrick Hume of Polwart , Andrew Fletcher , sometime of Saltonn , and Mr. Gilbert Burnet . Doctor of Theologie : As also , Coll M cdonald and his Associats , who were accessory to the late Opposition made to a Party of Our Forces , under the Command of the Deceast Captain Mckenzie of Suddy , lately in Lochaber : As also , all false Coyners , and all persons now in Prison for publick Crimes , from all Benefit of the same ; With which Exceptions and Restrictions allanerly , and no other , We hereby Publish and Declare Our Pardon and Indemnity . And Lastly , To the end all Our Good Subjects may have notice of this Our Royal Will and Pleasure , We Do hereby Command Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timeous Proclamation thereof , at the Mercat-Cross of Edinburgh ; For all which , these Presents shall be to all persons whatsoever , who may be therein any way concerned , a sufficient Warrant . Given at Our Court at White-Hall , the twenty fifth day of September , 1688. And of Our Reign , the fourth Year . By His MAJESTIES Command , MELFORT . GOD Save the KING . EDINBURGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty : Anne DOM. 1688. 
A46541	----	By the King, a proclamation containing His Majesties gracious and ample indemnity. England and Wales. Sovereign (1685-1688 : James II) 1688 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A46541 Wing J320 ESTC R43308 27154030 ocm 27154030 110012 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46541) Transcribed from: (Early English Books Online ; image set 110012) Images scanned from microfilm: (Early English books, 1641-1700 ; 1721:49) By the King, a proclamation containing His Majesties gracious and ample indemnity. England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. 1 sheet ([1] p.). Edinburgh, Printed by the heir of Andrew Anderson ..., and reprinted at London by John Wallis ..., [London] : 1688. "Given at Our Court at White-Hall the Twenty fifth dayof September, 1688. And of Our Reign the fourth Year. By His Majesties Command, Melfort." Reproduction of original in Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688. 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Pip Willcox Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal coat of arms By the King A PROCLAMATION , Containing His Majesties Gracious Ample Indemnity . JAMES REX , JAMES the Seventh by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects , whom these Presents do , or may concern , Greeting : We having been graciously pleased , by Our Proclamation for Indulgence , for the better uniting of the Hearts of Our Subjects amongst themselves , and removing of all Discords and Iealousies , which the difference of Religion , and of their several Perswasions did occasion and foment amongst them , To allow to all Our Subjects , of whatsoever Perswasions , the free Exercise of their Religion , upon the Terms , and with the Provisions mentioned in Our Gracious Proclamation for Indulgence : And We still persisting in Our Princely and Fatherly Care of the Peace , Quiet , and Prosperity of all Our Subjects , and that We may at once extinguish all Fears and Iealousies , that any of Our Subjects may have deservedly incurred , by their Crimes and Delinquencies against Our Laws , and convince all Our Subjects , even the most obstinat and irreclaimable , of their Happiness and Security under the Protection and benign Influence of Our most Auspicious and most Clement Government ; Therefore , We , of Our unparalelled Clemency and Goodness , do , by vertue of Our Soveraign Authority , Absolute Power and Prerogative Royal , and from the Fulness , and Plenitude of the same , Pardon , Remit , Indemnifie , and for ever Acquit all Our Subjects , of whatsoever Quality , State , or Condition , of all Crimes , of Perduellion , Rebellion , Treason , or concealing of Treason ; Harbouring , Reset , Supplying , Corresponding and Intercommuning with Rebels ; and all other Species's or Kinds of Laese-Majestie , as well Common , as Statutory ; and of all Crimes of Leasing-making , Depraving , or Misconstruing of Our Laws , Misconstructing of Our Proceedings , or Misrepresenting to Vs any of Our Subjects , or Vs to Our Subjects ; with all other Crimes , Offences , Delinquencies , or Transgressions of whatsoever Nature , or Quality , committed , acted , or done by any of Our Subjects , by Word , or Writ , or any other Acts of Commission or Omission , preceeding the Date of these Presents , which directly or indirectly , are , or may Import , by any Inference , or Construction , the Contravention of any Law , Act of Parliament , Custom , or Constitution of that Our Ancient Kingdom , or may Infer any Pain or Punishment against any of Our Subjects ; to the prejudice of their Lives , Fortunes , Estates , Fame , or Reputations , either ad vindictam publicam vel privatam ; Or for Damage and Interest : All which , We , by Vertue of Our Royal Authority , and out of the Plenitude , and Fulness of Our Power , Will , Ordain and Declare to be , and are hereby Pardoned , Acquitted , Indemnified , and put in Perpetual Oblivion , for now and ever . Declaring and Ordaining , that this General Pardon and Indemnity , shall be as Valid and effectual to all Our Subjects for their Exoneration , and Security in the Premisses , as if every particular Crime , Offence , Deliquency , or M●●●emeanor were herein particularly set down ; and as if Remissions were past under Our Great Seal for the same ; Wherewith We , for Our Self , and Our Successors , have Dispensed , and hereby do Dispense for ever . Likeas , We do hereby Prohibite and Discharge any of Our Ministers or Iudges , to call in question , any of Our said Subjects , either Criminally or Civilly for the same in any time coming : And do Declare and Ordain , that this Our General Indemnity shall be Interpreted in the most Benign , Favourable and comprehensive Sense , the same can admit of , for the Security of Our Subjects in the Premisses . Excepting always forth and from this Our Indemnity , all Forfaultures and Sentences or Dooms thereof , and that as to the Estates only thereby Forefaulted , but without prejudice to the Persons hereby Indemnified , and their Memories and Posterities , against whom the said Sentences or Dooms were given , and pronounced ; As likewise , Excepting all Pecuniary Fines or Mulcts already paid or Transacted : And generally , Excepting all Fines exceeding One thousand Merks Scots the Fine , imposed upon Heretors and Liferenters , as to which Fines , nevertheless not paid or Transacted , and yet hereby Excepted : It is Our Royal Will and Pleasure , that all Execution , Personal or Real therefore be Suspended , for the space of one year hereafter ; during the which time , We are Resolved to take the same into Our own Gracious Consideration . And further , Excepting forth , and from this Our Indemnity , the Murderers of James late Arch-Bishop of St. Andrews , the Murderers of Mr. _____ Pearson , Minister at Carsfairn , and of Thomas Kennoway , and Duncan Stuart at Swine Abbay ; As also , all Murders , Witchcrafts , Assassinations , Depredations , Roberies , Spulȝies , Thefts and Mutilations of private Persons ; All which Crimes , and those guilty thereof , are no way to be Comprehended in , or have any Benefit any manner of way , by this Our Pardon and Indemnity : And likewise in particular , Excepting the Persons and Estates of Mr. Robert Ferguson Preacher , Patrick Hume , sometimes called Sir Patrick Hume , of Polwart , Andrew Fletcher , sometime of Saltoun , and Mr. Gilbert Burnet , Doctor of Theologie : As also , Coll M cdonald and his Associats , who were accessory to the late Opposition made to a Party of Our Forces , under the Command of the Deceast Captain M ckenȝie of Suddy , lately in Lochabor : As also , all false Coyners , and all persons ●ow in Prison for publick Crimes , from all Benefit of the same ; With which Exceptions and Restrictions 〈◊〉 , and no other , We hereby Publish and Declare our Pardon and Indemnity . And Lastly , To the end all Our Good Subjects may have Notice of this Our Royal Will and Pleasure , We Do hereby Command Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Massengers at Arms , to make timeous Proclamation thereof , at the Mercat Cross of Edinburgh ; For all which , these Presents shall be to all persons whatsoever , who may be therein any way concerned , a sufficient Warrant . Given at Our Court at White-Hall the Twenty fifth day of September , 1688. And of Our Reign , the fourth Year . By His MAJESTIES Command , MELFORT . GOD Save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty : Anno Dom. 1688. And Reprinted at London by John Wallis in White-Fryars , near the Great Gate . 1688. 
A46569	----	A proclamation, for securing the peace of the High-lands England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A46569 Wing J347A ESTC R20380 12117288 ocm 12117288 54340 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46569) Transcribed from: (Early English Books Online ; image set 54340) Images scanned from microfilm: (Early English books, 1641-1700 ; 869:42) A proclamation, for securing the peace of the High-lands England and Wales. Sovereign (1685-1688 : James II) James II, King of England, 1633-1701. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., By E. Mallet ... Edinburgh : 1685 ; And reprinted at London : Reproduction of original in Huntington Library. Broadside. At end of text: Given under our signet at Edinburgh, the twenty day of July, 1685. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Politics and government -- 17th century. Scotland -- History -- Revolution of 1688. Broadsides 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , For Securing the Peace of the High-lands . JAMES by the Grace of GOD , King of Great-Britain , France , and Ireland , Defender of the Faith , To Our Lyon King at Arms , his Brethren Heraulds , Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly , and severally , specially constitute , Greeting : Forasmuch as Our Dearest and Royal Brother , of ever Blessed Memory , having by His Commission , Dated the Ninth day of August , One thousand , six hundred , eighty and two Years , Commissionated the Persons therein-mentioned , for the Districts therein-specified , to see the Peace of the High-lands : And whereas , the said Commission has not been Renewed by us to them as yet , ( albeit we be fully Resolved shortly to Renew the same ; ) And understanding , that there are several Attrocious Crimes and Riots committed in the High-lands , by dissolute and loose Persons . We therefore , and for preventing thereof , and punishing the Offenders and Delinquents guilty of the same ; Do hereby with Advice of Our Privy Council , Revive and Renew the Commission of the ninth day of August , One thousand , six hundred , eighty and two Years , and fully Authorize , and Impower the Commissioners mentioned for the several Districts therein-specified , to Act and Do conform thereto , every manner of way , until Our further Pleasure : And further to Cognosce and Determine anent any Wrongs , Injuries , Thiefts , Roberies or Depredations , has been done by any of those High-landers , lately called out to Our Host , or who not having come out , have been guilty of the same , and to see the Parties prejudged and wronged , redressed accordingly . And in regard ( by reason of the Confusions occasioned in the High-Lands by the late Expedition agains the Rebels ) Thieves , Sorners , and others have , or may take opportunity to Thieve , Rob , and Spoil the Country in their ordinary way ; We therefore , with Advice foresaid , Do hereby strictly Require and Command all Sheriffs , and other Magistrates , Chieftains of Clans , Landlords , Baillies , and others ( who are by Our Laws and Proclamations answerable for the Peace of the High-lands ) to secure the same , conform thereto , and under the Pains and Certifications therein mentioned . And that Our Pleasure in the Premisses may be known , Our Will is , and We Charge you strictly , and Command , that incontinent , these Our Letters seen , ye pass to Our Mercat Cross of Edinburgh , Mercat Crosses of the Head Burghs of the Shires of Caithness , Sutherland , Innerness , Cromarty , Nairn , Elgin , Bamff , Aberdeen , Kincardine , Forfar , Perth , Dumbarton , Stirling , Argile , Tarbet , and other places needful , and there in Our Royal Name and Authority , make Publication of Our Pleasure in the Premisses , that Our said Commissioners may proceed and act conform to their said former Commission , and this Our Royal Proclamation ; and that all Judges and Magistrates concerned may give their Concurrence , and Assistance to them , and all Our Subjects may give due Obedience accordingly ; As also , that ye cause read these Presents at the several Paroch-Churches within the respective Shires foresaids , upon the Lords Day , after Divine Worship , that the same may be more publickly known : And to that effect , the Sheriffs , and other Magistrates of the saids respective Shires , are to see , and cause the same be done accordingly , as they will be answerable to their Peril . Given under Our Signet at Edinburgh , the Twenty day of July , 1685. And of Our Reign the first Year . Per Actum Dominorum Secreti Concilij . WILL. PATERSON . Cls. Sti. Concilij . God save the King. Edinburg , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , 1685. And Reprinted at London by E. Mallet , in Black-horse-Alley near Fleet-Bridge , 
A45661	----	The defence of the Scots settlement at Darien answer'd paragraph by paragraph / by Philo-Britan. Harris, Walter, 17th/18th cent. 1699 Approx. 187 KB of XML-encoded text transcribed from 47 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A45661 Wing H881 ESTC R9419 12090948 ocm 12090948 53874 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45661) Transcribed from: (Early English Books Online ; image set 53874) Images scanned from microfilm: (Early English books, 1641-1700 ; 72:11) The defence of the Scots settlement at Darien answer'd paragraph by paragraph / by Philo-Britan. Harris, Walter, 17th/18th cent. Fletcher, Andrew, 1655-1716. Foyer, Archibald. [2], 92 [i.e. 90] p. [s.n.], London : 1699. "Attributed to Walter Harris or Herries"--Scott, J. Bibl. of ... the Darien company, 1904, p. 22. Also attributed to Andrew Fletcher of Saltoun and Archibald Foyer. Cf. BM. Includes the text of the Defence. Reproduction of original in Yale University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Darien Scots' Colony, 1698-1700. Scotland -- History -- 1689-1745. Scotland -- Commercial policy. Panama -- Colonization. Panama -- Discovery and exploration. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-08 Emma (Leeson) Huber Sampled and proofread 2007-08 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE DEFENCE OF THE SCOTS Settlement AT DARIEN , ANSWER'D , Paragraph by Paragraph . By Philo-Britan . LONDON , Printed , and Sold by the Booksellers of London and Westminster , 1699. THE DEFENCE OF THE SCOTS Settlement AT DARIEN , ANSWER'D . WHEN this Pamphlet came first to my Hands , these bold and unaccountable Insinuations , with which I found it stuff'd up from the very beginning to the end , invited me to make some Reflections upon it , for my own Diversion , and the Use of some few of those whom I knew to be both my Friends , and constant Adherers to the present Government in England ; not questioning but that some more able Pen than mine would take this Task in Hand , and convince the World of the unreasonableness of such an Undertaking by a private Hand , which amounts to no less than charging both His Majesty , and the present English Government with Injustice , and a mistake of their own Interest ; as will more evidently appear out of the following Sheets . The Dedication , which if rightly considered , is nothing else but an Introduction to the rest , is to make the World believe , that the English stand much indebted to the Scots , for suffering themselves to be united with them under one Head , and cannot discharge this Obligation , unless they maintain them in their present Settlement of Darien , which if they don't do , they must expect to be treated as an Ungrateful and Unjust People , by the Scots , who , if we will take this Gentleman's Word for it , are powerful enough , either by themselves , or with the Assistance of their Allies , to reduce us to a more pliable Temper . That this is the main design of the Dedication , as well as the whole Treatise , will sufficiently appear to any one who will take the Pains carefully to peruse them ; for tho' he is pleased to tell His Majesty at the beginning of the Dedication , that his Design is to vindicate the Settlement of the Scots in Darien , against the Aspersions of the Spanish Memorial ; yet , when not long after he says , That those cannot be look'd upon as Friends to His Majesty's Dignity as King of Scots ▪ who call in question what he enacts in the Parliament of Scotland ; I say , these Words are an undeniable Proof , that the whole is more levell'd against England than Spain . I will not pretend to make particular Reflections upon each Passage here , because I shall have occasion to do it hereafter , but I cannot forbear to take notice of that unaccountable Arrogance which has emboldened some of our Modern Writers to foster the Inventions of their own Brains , and their speculative Politicks upon the World , under the Cloak of the Royal Authority : Will not Posterity stand amazed when they see a Person , whose Faith has not only been call'd in question , but also condemn'd by a legal Sentence , to cover his Zeal , Self-Interest , and private Passion , under the Veil of His Sacred Majesty's Name ? But we will proceed to the Book it self , which begins thus . DEFENCE . The Heads propos'd to be insisted upon in the following Sheets , are , The Legality of the Scots Establishment : The Advantage or Disadvantage that may redound from it to England : Whether the Scots without the Assistance of the English , may be able to maintain their footing in America ; and what may probably be the Consequences if the Scots should be oppos'd therein by the English , and miscarry in the Vndertaking . ANSWER . These s●veral Heads give us sufficiently to understand , what I mentioned just now ; to wit , That the chief aim of this Author was against the English ; and that what is said in relation to the Spaniards , is only a Preparative to the rest , as will more plainly appear out of the following Sheets . Upon the first Head he says further thus : DEFENCE . The chief Objections against the Legality of their Establishment , arise from the Memorial delivered in against it to the King , by the Ambassador Extraordinary of Spain , May 3 : 1699. O. S. as follows : ANSWER . As these Animadversions were intended at first only for a private use , so I had not the opportunity of informing my self , whether the following Spanish Memorial be Authentick in all its Parts or not , which therefore I insert here barely upon our Author's Credit , as it is extant in his Defence , &c. THE Vnder-Subscriber , Ambassador Extraordinary from His Catholick Majesty , finds himself oblig'd by express Orders , to represent to Your Majesty , that the King his Master having receiv'd Information from different places , and last of all from the Governour of Havana , of the Insult and Attempt of some Scots Ships , equipp'd with Men and other things requisite , who design to settle themselves in His Majesty's Soveraign Demains in America , and particularly the Province of Darien , His Majesty receiv'd those Advices with very much Discontent , and looks upon the same as a Rupture of the Alliance betwixt the Two Crowns , ( which His Majesty hath observed hitherto , and always observes very Religiously , and from which so many Advantages and Profits have resulted both to Your Majesty and Your Subjects ) as a Consequence of which good Correspondence , His Majesty did not expect such sudden Insults and Attempts by Your Majesty's Subjects , and that too in a time of Peace , without pretext , ( or any cause ) in the very Heart of his Demains . All that the King desires , is , That this may be represented to Your Majesty , and that Your Majesty may be acquainted , that he is very sensible of such Hostilities and unjust Procedures , against which His Majesty will take such Measures as he thinks convenient . Given at London , May 13 / 3. 1699. It were easie ( says the Author of the Defence of the Scot's Settlement ) to make proper Remarks upon the Weakness , Insolence and Ingratitude of this Memorial , but it is not worth while ; all the World knows what the Crown of Spain owes to His Majesty of Great Britain ; and therefore a more civil Application might reasonably have been expected to a Prince who had not only sav'd the Netherlands , but prevented his Catholick Majesty from being insulted on his Throne at Madrid . But these things we pass over , and come to the chief Point in the Memorial , which is , That the Scots have posted themselves in the King of Spain 's Demains in America , contrary to the Alliance betwixt the two Crowns . If this be prov'd to be false , then the Cause of the great Complaint ceases , and His Majesty of Great Britain hath reason to demand Satisfaction for the Affront offered thereby to his Justice and Sovereignty . To prove the Falshood of the Allegation ▪ That the Province of Darien is part of the King of Spain's Demains : It is positively denied by the Scots , who challenge the Spaniards to prove their Right to the said Province , either by Inheritance , Marriage , Donation , Purchase , Reversion , Surrender , Possession , or Conquest ; which being the only Titles by which they or any other People can Claim a Right to those or any other Dominions , if the Spaniards cannot make out their Right by these or any of these , their Claim must of consequence be null and void . ANSWER . It is a most surprising thing to see the Author Charge one of the greatest Kings in Europe , who thinks himself touch'd in the most sensible part of his Sovereignty , with Insolence and Ingratitude against His Britannick Majesty ▪ when he , who owns himself a private Person , and his Subject , uses so many reflecting Expressions throughout the whole Treatise , upon the English Government . That Spain owes in a great measure its preservation to His Majesty of Great Britain , is scarce disputed by any , but he must be but indifferently vers'd in the Politicks of Europe , who does not know , That the Councils of Princes are sway'd more by the Considerations of their present Interest , than by the Remembrance of pass'd Obligations . Amongst all those Titles which he Assigns for the Spaniards to prove their Claim by , the Three last seem to be the most likely to do their Business ; and supposing they should be able , by either one of them , or perhaps all Three together , to prove their Claim , What will then become of our Author 's bold Challenge ? But let us hear what he further says upon this Head. DEFENCE . It is Evident , ( says he ) That the Spaniards cannot pretend a Title to that Country by Inheritance , Marriage , or the Donation of Prince and People ; and as to Conquest it would be ridiculous to alledge it , since the Dariens are in actual possession of their Liberty , and were never subdued , nor receiv'd any Spanish Governour or Garrison amongst them . Nay , they w●re so far from it , that Wafer , Dampier , and others that have wrote of that Country , do all agree , that they mortally hate the Spaniards , were in War with them , and that the Spaniards had no Commerce with those Indians , nor Command over them in all the North-side of the Isthmus a little beyond Porto-Bello . Captain Sharp in the Journal of his Expedition , published in Captain Hacke's Collection of Voyages , gives an Account , That in 1680 , he landed at Golden Island with 330 Men ; and being join'd by one of the Darien Princes , whom they call'd Emperor ; and another to whom they gave the Title of King Golden Cap , with some hundreds of their Men , took Sancta Maria , attempted Panama , and made Prize of several Spanish Ships ; which is the more remarkable , because Captain Sharp was afterwards tried in England for Robbery and Piracy on this very Account , but acquitted , because of his Commission from those Darien Princes ; which is a plain Demonstration , that the Government of England did then look upon Darien to be no way subject to Spain , whatever some who are Enemies to the Scots , do now say against the Legality of their Settlement in that Country . This same Expedition against the Spaniards , by the assistance of the Darien Indians , is confirm'd by Mr. Dampier in his Introduction to his New Voyage round the World. And the Bishop of Chiapa , a Prelate of their own , in his Relation of the Spanish Voyages and Cruelties in the West-Indies , Pag. 217. owns , That the Spaniards had no Title to the Americans , as their Subjects , by right of Inheritance , Purchase , or Conquest . We have likewise a large Account , and a full Confirmation of the War and perpetual Enmity betwixt the Dariens and Spaniards in the History of the Buccaneers of America , Vol. 2. Part 4. wrote by Basil Ringrose , who was one of their Company . There he informs us , That the Indians of Darien , and the Spaniards , are commonly at War with one another ; and that the Buccaneers were invited into that Country , and join'd by the Darien Princes , Captain Andreas , Captain Antonio , and the King of Darien , who assisted them in the taking of Sancta Maria , and their attempt upon Panama ; and the King , whose Daughter the Spaniards had stole away , promised to joyn the Buccaneers with 50000 Men. This is the more remarkable , because those very Princes or their Successors are now in League with the Scots , and have joyfully receiv'd them into their Country . So that it is the strangest position that can be put upon any Nation , and one of the most audacious Affronts that ever was put upon so Great a Prince as K. William , for the Spaniards to pretend a Right to Darien , and accuse him of a Breach of the Peace , because a Colony of his Subjects have settled themselves there : when it is so well known to the World , that the Crown of Spain has no manner of Title to that Province . Then as to any Claim by virtue of Possession , the Spaniards have not the least ground of Plea : All they can alledge on this Head , is , That they were once admitted by the Consent of Captain Diego , another of the Darien Princes , to work on some Golden Mines within 15 Leagues , or there abouts , of the Scots Settlement . But it is plain that this makes nothing for their purpose . That Prince admitted them only as Labourers , but not as Proprietors ; And when they broke the Conditions on which they were admitted , viz. To allow the Dariens such ●●d such Shar●● of the Product , they were expell'd again by force ; and ever since that time , the Dariens refuse to have any further Dealings with the Spaniards , who made themselves odious to them by their Treachery and Insolence : So that Mr. Wafter tells us , Pag. 133. They allow a distinguishing Mark of Honour to him who has kill'd a Spaniard : And Pag. 179. That Cascata , one of the chief of the Darien Princes , did in his Converse with him , express his Sense and Resentment of the Havock made by the Spaniards in the West of America , at their first coming thither . ANSWER . Our Philo-Calydon , as he calls himself , pretends to prove here , That the Spaniards can lay no Claim to Darien as a Conquest : His Reasons are ; Because they were never subdued ; but I would fain ask this Gentleman , how he came to know this ? 'T is possible some of his Countrymen have been told so , by some of the Dariens ; but this will be but a slender Argument against the Spaniards . It is most unquestionable , that there is much more probability on the Spaniards side than on the other . For how can it be supposed , that the Spaniards , who have conquer'd such a vast Tract of America , and several Plantations there , should not have been able to force a few petty Indian-Lords , who are enclosed within their Dominions , to a Submission ? His Arguments , by which he would prove them a free People , is much more ridiculous , than the pretended Conquest of the Spaniards ; it being evident , that a few Cottages , inhabited by a barbarous and unarmed People , headed by many Leaders , resembling the Heads of Clans in Scotland , did require neither a Spanish Governour nor Garrison . What he alledges concerning the Hatred they bear to the Spaniards , and their joyning with the Buccaneers against them , does not in the least invalidate the Title of Spain to Darien ; And all what Wafer , Dampier , and the History of the Buccaneers , says , upon this Subject , proves no more , than that those Petty Indian Lords , who formerly , either voluntarily or by force , submitted to the Spaniards ; took this opportunity to shake off the Spanish Yoke , and to Revenge themselves upon their Conquerors ; For if they had been in a Condition to make War against them without a foreign Assistance , What need had there been for them to call in the Buccaneers , and to allow them so large a share in the Booty ? Our Calidonian Gentleman further tells us , That the Spaniards have no other Plea for Possession , but what was granted them by one of the Darien Princes , to Work as Labourers in some Golden Mines : I must confess this is somewhat difficult to be contradicted at so vast a distance , and I would have pass'd by this Point in silence , if Pag. 78. he had not himself furnish'd me with an Argument against his Assertion , where he says : That they had been informed by a Frenchman , who married one of the Natives there , That the Spaniards have Gold and Silver Mines on the Isthmus , which they might make themselves Masters of with a 100 M●n : This , I say , and the Hostilities committed already by the Spaniards , against the Scots in their New Settlement , does ▪ I think , carry with it a great probability , that to this day they are not excluded from the Province of Darien , but remain in actual Possession of so much of that Province , as they think consistent with their own Interest . What he alledges of Captain Sharp's being acquitted in England , by reason of his Commission from one of the Darien Princes , can in no wise affect the Spanish Title ; for , supposing the Court of England was at that time not sufficiently inform'd concerning their Pretensions , What detriment could that be to their real Pretensions ? If our Author could have given us an instance of a Person who had been acquitted upon the same Account in Spain , his Argument would have been of unquestionable Validity , which bears not the least weight now , at least not in reference to Spain . But , let us hear the rest of his Arguments against the Spanish Title . DEFENCE . It remains then that the Spaniards can lay no other Claim to Darien but what they plead from the Pope's general Grant of America , its being bounded by their Dominions , and the Treaties with England , which shall be consider'd in their Order . To urge the Pope's Grant amongst Protestants is ridiculous , and amongst Papists themselves but precarious : But admitting it were sufficient to justifie their Title , it is easie to prove that the Spaniards have forfeited all the Right they can Claim by virtue of that Grant. The Church of Rome will not publickly own her Power to grant a Right of Conquest , but in order to propagate the Faith , and not that neither , except the Infidel Prince or People be guilty of a Breach of Treaty . So that the Pope's Grant with those Restrictions is so far from establishing the Title of the Spaniards , that it plainly overthrows it . That the Indians were committed to the Spaniards by Pope Alexander VI. on condition that they should teach them the Christian Religion , is prov'd by Don Bartholomew de las Casas , Bishop of Chiapa , in his Account of the first Voyages and Discoveries made by the Spaniards in America , and the Relation of their unparallell'd Cruelties , Pag. 195. and there he likewise owns , That by their acquitting themselves so ill of that Commission , they ought to make Restitution of all they have taken from them under this pretext . And Pag. 200. he charges them with breach of the Terms prescrib'd by the Apostolical Brief , tho' Queen Isabella , to whom it was granted , earnestly intreated them in her last Will to keep exactly to it . Pag. 218. he says , That the Title of the King of Spain to the Indians , is founded only on the Obligation he had taken upon himself to instruct them in the true Faith , as appears by the Apostolick Brief : Which they were so far from performing , that instead of converting their Souls , they destroyed their Bodies ; having in those early days , viz. in the time of the Emperor Charles V. mur●her'd above 40 Millions of them ; and took so little care to instruct them in the Christian Religion , that they perfectly obstructed their Conversion , and sold those very Idols that some of the poor People had th●own away with Abhorrence , to others of the Indians ; Ib. P. 194. which , together with their other horrid Impieties , created an Aversion in those poor Infidels for Heaven it self ; according to the known Story of Hathwey an Indian Prince , Ibid. Pag. 21. Who being fasten'd to a Stake by the Spaniards in order to be burnt , for no other Crime but indeavouring to defend himself and his Subjects against their Cruelties , ask'd a Friar that was discoursing to him of Heaven , promising him eternal Happiness there if he would believe ; and threatning him with Hell if he did not , whether Heaven was open to the Spaniards ; and being answer'd that it was to such of them as were good , replied immediately , that he would not go thither for fear of meeting such cruel and wicked Company as they were , but would much rather chuse to go to Hell , where he might he deliver'd from the troublesome sight of such kind of People . So that their forfeiture of all Right or Title to Darien by the Pope's Grant , if it were of any validity , is plainly demonstrated . ANSWER . Our Author takes a great deal of Pains to demonstrate , that supposing the Pope's Grant of America to be valid in its self , they have forfeited the same . I believe there will scarce be any body so void of Humanity , who is acquainted with the most barbarous Cruelties committed by the Spaniards against the poor Natives of that Country , as to take upon himself the Defence of them in this Point : But how far this affects their Title is the matter in Question at present . Not to enter upon the Topick here , How far the Miscarriages of Governours and other Officers , who transgress the Bounds of their Commission , affects the Titles of their Sovereigns . I will only insist upon this Head , which I believe will scarce admit of a Contradiction by any body who has a true insight into the matter ; That supposing some of those Cruelties to have been committed by publick Authority , there is no body who can be acknowledg'd a competent Judge of the Forfeiture of the Spanish Title , but the Pope himself ; who , admitted he has a Power to Grant it , must of necessity be the only Person who can Recal it ; and till any such thing be done , their Title will stand unshaken upon that bottom , at least on the Spaniards side ; whatever our Author may alledge against it out of the Bishop of Chiapa , whose Authority is in sufficient to maintain his Assertion in this Point , as being only a Bishop under the Jurisdiction of Spain ; and , as being a Church-man , he might as well make use of a Dragoon for a Pilot , as make those of his Profession competent Judges of the Titles of Princes . But let us see further . DEFENCE . Their next Plea , is , That Darien is bounded or inclosed by their Dominions , viz. By Porto-Bello and Carthagena , with their Territories on the North , and Panama and Sancta Maria on the South . To this it is answered , That Darien is bounded only by the Sea on both sides , without so much as a Spanish For● or Garison , from Nombre de Dios to the Gulf of Darien on the North Sea , or from the River of Che●o to the River Congo on the South Sea. The Territories of the Spaniards confining on both ends of the Isthmus are not unlimited , but are restricted on both sides by the Dariens , who has been already said , were never subject to Spain . Nor is it any new thing in the World for independent Soveraignties to lie inclos'd within the Dominions of other Princes ; to instance in no more than Orange and Avignon in Europe , Ceuta , Metilla , &c. possessed by the Spaniards themselves in Africk , which lie in the very Bosom of Morocco , and yet the Spaniards don't think their Title to them e're a whit the worse . The Dutch and Portugueze have both of them Settlements on the Coast of Brasil , to which the Spaniards pretend a Right . The French have Settlements in Hispaniola and Guiana , notwithstanding the Neighbourhood of the Spaniards . The English and French have both of 'em Plantations in Newfound-land . The Dutch in time of Peace settled on Long Island in the middle of the English Plantations , yet no War ensued upon it . The English possessed themselves of Bahama Islands , tho' the Spanish Fleet passed betwixt them and Florida : And the English have several times settled at Port-Royal in Campechy Bay , to cut Logwood , &c. and remov'd and settled as they found convenient . King Charles II. in time of Peace grantted a Patent to Dr. Cox to settle a Colony in the Bay of Mexico , which was never question'd by the Spaniards : And the French have now since the Conclusion of the last Peace , planted a Colony on the River Messissipi in that same Bay , against which we hear of no Complaints from Madrid . So that the Plea of the Spaniards from this Topick is perfectly over●urn'd by Common Practice , the Law of Nations , and their own Concessions in parallel Cases . ANSWER . If the Matter be well weighed , it will be no difficult Task to find out , that these Cases mentioned by our Calidonian , are so far from being parallel to the Scots Settlement at Darien , that they are of a quite different Nature . Dr Cox's Patent came to nothing , and what occasion was there for the Spaniards to complain then ? And because the English have now and then Landed in Campechy Bay , to cut Log-Wood , Is this , I say , to be put in comparison with the Scots attempt upon Darien ? Some Dutch settled themselves among the English in Long Island , but in a peaceable manner ▪ and tho' no War ensued , yet Complaint was made of it , and the Matter brought to an Agreement . The Dutch and Portuguese have both Settlements in Brasil , the French in Hispaniola and Guiana , and the English and French in Newfoundland ; What Argument is this to the Scots Settlement in question ? For whoever questioned but that different Nations might settle their Colonies upon waste Grounds in the same place , provided they were not in any Bodies Possession before . The Instances he gives of Orange , Avignon , Ceuta , and Metilla , which lie ( as he says ) in the Bosom of other Prince's Dominions , seem to carry something of more Weight with it , in so far as they prove that there is a possibility of independent Sovereignties being inclosed by the Dominions of other Princes ▪ I could furnish our Author with a great many more of this nature , as the Imperial Cities in Germany , the Lordship of Vianen in Holland , the Morlacks in Dalmatia , and the Cossacks on the Frontiers of Poland and Muscovy ; but all duly considered , it will appear , that they are still of a different Nature from the Matter in Question . For Orange and Avignon are the Remnants of those many Lordships and Principalities ▪ which formerly composed the Empire of France , before it was brought in subjection under one Head : Their Situation is such , that they cannot be relieved from abroad , and their strength so inconsiderable , as not to be able to hold out against the first Attack of the Prince who commands round about it : The Case is quite different with the Spaniards in America , who when they established themselves there by their Sword , had not the least reason ●o leave those petty Principalities unattempted , which lay in the very Heart of their Conquests , and by reason of their convenient Situation on the Sea-shoar , might one time or other prove dangerous Neighbours , if not brought to Submission either by force of Arms , or a voluntary Surrender . If the Emperour of Morocco's strength were equivalent to his Title , he might very justly drive the Spaniards from the African Coast , where they have no other Title but Possession ; and those Places which I have mentioned are so engaged either by Alliances or other Contracts to those Princes , in whose Dominions they are inclosed , that without offering a notorious violence to those Engagements , they cannot submit themselves to any Foreign Power . DEFENCE . The next Plea ( says our Author ) of the Spaniards , is from the Treaties betwixt them and the Crown of Great Britain , of which they alledge the Settlement of the Scots at Darien to be a Breach : But that there 's no ground for this Allegation , will appear to those that peruse the said Treaties , viz. that of May 23 ▪ 1667. and that of July 1670. wherein there 's not the least mention of excluding either Party from enlarging their Dominions in America , upon Wastes , or by consent of the Natives , in such places as have never yet been possest by Spain , or Great Britain . So that all that can be infer'd from those Treaties , is , that they were a mutual Security for the peaceable possession of what each Crown enjoy'd in that Country , and no more ; which is sufficiently confirm'd by the Patent granted to Dr. Cox , and the settling and removing of the English in Campechy Bay , &c. without Controul , as before mention'd . ANSWER . If it were granted by the Spaniards , or sufficiently proved by the Scots , that their Settlement at Darien was made in such a place as never had any dependency on Spain , it might easily be granted , that their Establishment there was no breach of those Treaties ; but I hope they will allow at the same time that till the same be proved beyond Contradiction , we ought at least to suspend our Judgment in this point , which hitherto has not appear'd so evident in the English , as ours to our Calidonian : For thus he says further . DEFENCE . Having thus made it evident that the Spaniards have no manner of Title or Right to Darien , it is natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done . By the third Article of the Treaty between the Crowns of Great Britain and Spain , concluded at Madrid , May 12 / 23. 1667. it is provided , That if any Injury shall be done by either of the said Kings , or by the People or Subjects of either of them , to the People or Subjects of the other , against the Articles of that Alliance , or against common Right , there shall not therefore be given Letters of Reprisal , Marque , or Countermarque , by any of the Confederates , until such time as Justice is follow'd in the ordinary Course of Law. Yet the Spaniards without any such Procedure , or offering in the least to prove their Title to Darien , present a virulent and huffing Memorial , at the very first charging the King with want of Friendship , and a breach of Alliance , and threatning to take such measures as the● shall think meet : When their sickly Monarchy has not yet had time to breath , since rescu'd from the common Danger wherein Europe was involv'd , by the Arms of that very Prince , whom they treat so ungratefully . But this is not all : for contrary to the express Words of that same Treaty , they attack the Scots by Sea and Land , who had done them no Injury , but acquainted them that they came thither peaceably , without any hostile design against them , or any other People , and were so generous as to reject the Motion of Captain Andreas , one of the Darien Princes , and their Ally , when he offer'd to make them Masters of Panama , if they would but joyn him with 500 of their Men. The Spaniards have also , contrary to the 10th and 11th Articles of the Treaty concluded at M drid , July 8 / 18 1670. concerning America , detain'd the Scots and English Prisoners who were forced a shoar at Carthagena by Shipwrack , tho all such Practices be expresly provided against by the said Articles : And they have also violated the 14th Article of that Treaty which forbids Reprisals , except in case of denying or unreasonably delaying Justice . From all which it is evident that the King of Great Britain has just reason to demand Satisfaction of the Spaniards for Attacking his Subjects contrary to Treaty ; and that the Scots being thus injuriously treated , may very lawfully , not only make Reprisals upon the Spaniards for themselves , but joyn with the King of Darien in taking Sancta Maria , Panama , or any other place belonging to the Spaniards in that Country , of which the Dariens are Natural Lords , and the Spaniards Tyrannical Usurpers , as is pleaded by the King of Darien himself ; and therefore he invited the English Buccaneers to assist him to retake it : And by this Capt. Sawkins justified his Proceedings in a Letter to the Governour of Panama , asserting that the King of Darien was true Lord of Panama , and all the Country thereabouts ; and that they came to assist him . History of Buccaneers , Vol. 2. Part 4. P. 32. And we have mentioned before that Capt. Sharp , who was accused of Piracy , for that same Expedition , and succeeded Sawkins in his Command , was acquitted in England , because he had that Prince's Commission . ANSWER . If it had been made so evident as our Author imagines , that the Sp●●iards h●ve no Title upon Darien , I would soo●●● 〈◊〉 with him in Opinion , that they themselves had 〈◊〉 guilty of that Breach of these Treaties , whic● 〈◊〉 charge upon the Scots ; but this being look'd upon by the now unbyass'd , as a Case , which at the bes● is yet undetermin'd , the Question is , Whether as su●h they have controvened against several of the Articles of these two Treaties . I will not pretend here to Patronize or defend every step the Spania●ds have made since the Scots Settlement , this ought to be left to the Determination of His Majesty of Great Britain , who , as he is the true Judge of it , so no Question , but he will in due time demand Reparation for the Miscarriages committed against the said Treaties : I will only put the Reader in mind of that most ancient and general Maxim founded upon the Law of Nations , Vim vi repelere licet . What Wonder is it , if the Spaniards when they saw a Foreign Nation , without their permission , Land good store of Men , and other Warlike Instruments , in a place which they look'd upon as their own Propriety , and which is of the utmost consequence to them ? What Wonder is it , I say , when they saw them erect Fortifications , and enter into Alliance with those who were at that time their declared Enemies ( according to our Author 's own Confession ) they endeavoured to draw that Thorn out of their Feet , without seeking first for Redress at so many Thousand Miles distance . I would have our Author turn the Tables , and let the Scots make the Case their own , whether they would not force any Foreign Nation from their Shoar , that should pretend to come in the same manner to settle themselves without leave in any place under their Pretension or Jurisdiction . If it be considered , What a considerable Traffick the English have in Spain , it is evident , That it had been in their Power to make themselves an ample amends by way of Reprisals ; but since they have not taken any such Measures , their endeavours to dislodge the Scots from Darien , at such a distance from England , may admit of a much more favourable Construction , than our zealous Calidonian would put upon it . He goes on further . DEFENCE . Having fully prov'd that the Spaniards have no Title to Darien , it remains to be prov'd that the Scots have as good and just a Title to their Settlement there , as any People in the World can have ; which may easily be demonstrated thus : They were authorized by an Act of Parliament , and the King's Letters Patent , to plant Colonies in Asia , Africa , or America , upon Places not inhabited , or any other Place , by consent of the Natives , not possest by any European Prince or State. Being provided with this Authority , than which there cannot be a greater ▪ or one more duly and honestly limitted , they Equipp'd their Ships , and landed on the North side of the Isthmus of Darien in November 1698. where the Spaniards , as has been fully prov'd , never had any Posseis●on , and no other European Prince or State pretends any Claim to it . Being arriv'd there , they fairly obtain'd the Consent of the Princes and People of the Country , and particularly of Captain Andreas , who is the chief Man in that Tract ; and after a solemn Treaty and Alliance deliberately made , and wrote in Spanish , because the said Prince understands that Language , they peaceably enter upon their new Colony , without either Force or Fraud . So that they have religiously kept to the Conditions of the Act and Patent , which is a plain Demonstration that they have a just and legal Title to their Settlement , and a Right to the Protection of the Government , against the Attempts of the Spaniards , or any other People whatsoever . ANSWER . The Scots Title to their Settlement at Darien , pursuant to their Patent , might pass for very good , if they could make it evidently appear , that the same had not been possess'd before by any European Prince or State , according to the Tenure of the said Letters Patent ; but till that be done upon a more sure Foundation than our Calidonian has pleas'd to lay , they ought not to be angry , if the Government is not so forward in granting them the d●sired Protection ; And I suppose , the Scots ▪ for all our Authors Threats , will be better advised 〈◊〉 they join with the Natives in making an 〈◊〉 upon Panama , or any other strong 〈…〉 Spaniards , for fear they should by 〈…〉 their Commissions , forfeit all the righ●● 〈…〉 Invested with by Virtue of the said Grant● 〈…〉 other irreparable Mischiefs upon their 〈◊〉 . But let us now hear , what our Author says to the next Point , which has a more particular Relation to England . DEFENCE . The next Topick to be insisted upon , is , The Advantage or Disadvantage that may redound to England from this Settlement . We shall begin with the Disadvantage which consists in the supposed Damage it may do to the Trade of England ; and that it may , as is pretended , occasion a Rupture betwixt them and Spain . To this we may easily Reply , That being a distinct and Independant Nation , we are not oblig'd to consult their Interest , any further than they consult ours ; and that we have as much reason to maintain this Colony , because of the Advantage it may bring to our selves , as they have to oppose it , because of the Disadvantages that they fancy may arise from thence to England . But withal we deny that it can be any damage to their Trade , which from that part of the World consists chiefly in Sugar and Tobacco , neither of which are yet to be found in New Calidonia . But that which we look upon to be a compleat Answer to the Objection , is this , That they may be Sharers with us in the Settlement if they please , and by consequence Partners in the Profits and Trade , and lay it under such Regulations as may prevent its endamaging the Commerce of England . And whereas it is further Objected , That by the great Immunities and freedom from Customs granted to the Scots Company for so many years , we shall be able to Under Sell the English Company , forestall their Markets , and lessen His Majesty's Customs : We Answer , That this Objection is in a great measure obviated , since we do not now pretend to set up an East-India Trade ; but admitting it were true , it will be to the general Advantage of the English Nation , since the Buyers are always more than the Sellers . It must certainly ●e better for the Kingdom in general , that every one who has occasion for Muslin or Indian Silks , &c. should save so many Shillings per Yard or Piece in their Pockets , than that some two or three Merchants should once in an Age get Money enough to make a Daughter or two a Countess or Dutchess . Nor can it be denied , but it 's better for England , that House-keepers in general should save that Money to buy Provisions for their Families , which consumes our own Product , than that a dozen of Merchants should be enabled by the extravagant Prices of those Commodities to keep their Coaches . Add to this , That the English if they please by joining with the Scots may have an equal share of all those Immunities ; and if there should be for some time a lessening of the King's Customs , of which there is at present no manner of prospect , it will be sufficiently made up in time to come by a large Addition , if that Colony prospers ; so that the King's Bounty in that respect is but like the bestowing of charge to improve barren or waste Ground , which will return with treble Interest to him or his Heirs . There 's another Objection made against the Scots Company , That by their Constitution such Ships as belong them must break Bulk no where but in Scotland , which will diminish the number of English Ships and Seamen , and make Scotland the only Free Port of all those Commodities . To which it's Replied , That tho' our own Ships are obliged to break Bulk no where but at home , they don't lay the same Obligation upon others , but , allowing them a free Trade to Darien , they may carry their Goods where they please ; or upon fair Proposals , there 's no doubt but the Parliament of Scotland will give the English all possible Liberty as to that matter . ANSWER . Allowing the Scotch Nation to be Independant , ( tho' this has been questioned by some ) our Author , tells us , They are not obliged to consult the Interest of England further than they consult theirs ; which indeed is the best Argument he has made use of hitherto in the Defence of the new Settlement : But then I hope , he will also grant , That this being Reciprocal betwixt these two Nations , he ought not to blame the English , if they won't Sacrifice their own Interest to that of the Scots , and take all necessary and legal Precautions against their Encroachments , to the Disadvantage of our Trade . This Objection , he says , may be answered , By making such Regulations as will prevent the endamaging the Commerce of England . This is much sooner said than put in practice ; For if the Scots could have found out an Expedient , which might be satisfactory both in respect to the Honour and Interest of the English Nation in that Point , Why was it not proposed and put in Execution before the English saw themselves under a necessity to represent their Grievances against the Scots new Company to His Majesty , and to take such further Measures against it as they judged most suitable to their own Interest ? He further would perswade us . That the Immunities from paying Customs , granted to the Scots Company , cannot be any Detriment to England ; because Muslin , Indian Silks , &c. will be sold Cheaper for the general benefit of the Buyers ; But what would in such a case become of our East-India Trade , who being obliged to pay heavy Customs , could not afford to Sell at the same Rate ? What would become of our Silk Manufactory , and the Turkey Company ? It is certain , That a great many thousands of People , who maintain their Families by the Silk Manufactory , must be reduced to a starving Condition , if those East-India Silks were sold at a cheaper Rate than they are now . This is indeed the way to make our Merchants go on Foot , and s●t the Scots on Horseback . By the Constitution of this New Scots Company , their Ships are obliged to break Bulk no where but in Scotland : This Advantage he pretends to balance , by assuring us , That the Scots Parliament will Dispence with the English upon that Score ; But pray , what Reason is there for the English to depend on the favour of a Scots Parliament , when they may carry on the East-India Trade in their own Country without it ? especially , since it remains doubtful , under what Restrictions and Limitations this Liberty might be granted to the English . But let us hear what he says , in Reference to the danger of a Rupture with Spain . DEFENCE . Then as to the hazard of a Rupture with Spain , we Reply , That the Spaniards are in no Condition to break with England , when they are not able to maintain themselves against the Insults of the French by Sea and Land ; and the only way to secure them in the British Interest , is to have a powerful Colony in Darien , which lying in the very Centre of their American Dominions , and within reach of their Silver and Gold Mines , will be an effectual Curb upon them , and not only prevent their own Hostilities , but their joining at any time with our Enemies ; or if they do , being Masters of their Money , we shall speedily cut the Sinews of their War. ANSWER . That Spain is no Match for England at this time , in case of a Rupture , is scarce to be denied by any who have the least insight into the Affairs of Europe ; but this does not answer the Question in hand ; which is , Whether it be for the Interest of England to run the hazard of a Rupture with Spain , on the Account of the Scots Settlement ? which I answer in the Negative . For , tho' the Monarchy of Spain be brought to so low an Ebb , as not to be formidable to us , yet at this juncture , when the French as well as the Austrian Family , endeavour to court this Crown at any rate ; I see not the least reason , why the English should run the hazard of such a Rupture , which at the best , would Ruin their Traffick in Spain , endanger that in the Mediterranean , or at least put us to the charge of keeping a great Fleet at Sea for the security of our Commerce ; and all this for what purpose ? to maintain the Scots Settlement , which we look upon as against our own Interest ; But if it was not , Who would Reimburse the Charges ? I question whether the Scots Company , or perhaps the whole Kingdom , would be able to do it . But if , notwithstanding all this , the Spaniards should transgress their Bounds , we have a King who knows how to maintain his Authority , and the Glory of the British Nation , of which he has given us an Instance in the Spanish Ambassador , but a few Days ago . But let us hear , how our Auther proceeds further . DEFENCE . In the next place we urge , That it will be very much for the Interest and Advantage of England , to incourage and support us in this Settlement . 1. Because by this means the Scots will increase their Shipping , and come in time to have a Naval Force , capable of assisting the English in the common Defence of the Island , in maintaining the Soveraignty of the Seas , and Convoying their Merchantmen in time of War. The English can't always promise to themselves the Amity of the Dutch , who are their Rivals in Trade , and differ far enough from them both in Temper and Interest , there 's nothing to cement them but the Life of our present Soveraign : Whereas the Scots being united with the English , under the same Government , and Inhabiting the same Island , must of necessity have the same Interest as to Trade , and to defend the Country against all Foreign Invaders , as they constantly did in former times , against Romans , Danes , Saxons , and Normans , notwithstanding their living then under a separate Prince , and their frequent Wars with England . Nor is that brave Resistance which a few of them made to the Dutch at Chatha● , to be forgotten , which did in a great measure repair the Honour of England . ANSWER . Our Caledonian puts the probability of increasing the Naval Strength of Scotland in the Front , which he supposes to be absolutely necessary for the English Interest at Sea. But I am afraid it will be a great while before the Scots will be able to make any considerable addition to it . It is the more safe way for us , to encourage our own Commerce , and Naval Force , which is such , that if rightly managed , we need not be beholding to the Scots , for what assistance they are able in all likelihood to give us at Sea. But , says he , The Dutch may not be always our Friends , because they differ from us in Temper and Interest : and so do the Scots as the case now stands , in reference to the last ; and as to the first , I know not whether it be not as different from the English , as that of the Dutch : Besides , if we may take this Gentleman's Word for it , the Scots may not be always our Friends neither , but look for Alliances abroad , to support their Interest against ours , which is a seasonable Caution he has been pleased to give us , as we shall see anon . DEFENCE . 2. As Scotland increases in Shipping , they will increase in Wealth , and by consequence be able to bear a greater share of the Burden of any Foreign War , which will save Men and Money to England , and lighten their Taxes . 3. The Success of the Scots in their American Colony , will be an additional Strength to the English Plantations in the West-Indies , as well as an advancement of their Trade , by consuming their Product , and giving them theirs in exchange . 4. The Success of the Scots at Darien , will be of great advantage to England ▪ for the more Money the Scots acquire by their Trade , the more they will spend in England , which being the Seat of the Government , must frequently be visited by their Nobility and Gentry , who generally furnish themselves in England with their best Apparel , Houshold Furniture , Coaches and Horses , &c. besides the Money that the Young Noblemen and Gentlemen spend in their Passage through that Nation , when they go and come from their Travels . These things occasion their laying out vast Sums of Money annually in the City of London , which being the Seat of the Government , will as certainly draw Money from Scotland , as the Sun draws Vapours after it . ANSWER . We will take it for granted , that the Scots would consume more Money in England than they do now , if they were more wealthy , but I deny that thereby we should draw Money from Scotland : For if they could under-sell our East-India Commodities , that would be such an over-balance to what they can in all likelihood spend in England , that it bears not the least proportion to it ; whereas now the Scots are obliged to England for all these things ▪ they having no considerable Manufactures among themselves , or any better conveniency to supply the want of them but from England , which , considering how little we stand in want of the Products of their Country , and how little it affords , must needs draw Money from Scotland . The Products of our West-India Plantations consisting chiefly in Sugar and Tobacco ▪ I don't see what great prospect of advantage the Consumption of them in one Colony , can bring to the English , when they furnish the greatest part of Europe with them to a much greater advantage ; and as to the Scots be●●ing a share in the Burthen of a Foreign War , the Supposition of it is built upon so an uncertain a Foundation , that it scarce deserves to be mentioned considering especially , that the Scots hitherto have not been the most forward in parting with their Money upon that account . DEFENCE . 5. The Success of the Scots in their Foreign Plantation , will not only ease England of great numbers of their Pedlars , so frequently complain'd of in Parliament by Country Corporations and Shopkeepers , but it will occasion the return Home , and prevent the going out of vast numbe s of their Youth , who follow the same sort of Imployment , or betake themselves to the Sword in Denmark , Sweden , Poland , M●s●●oy , Germany , Holland and France ; by which means the Government of G●●at Britain may furnish their Fleets and Armies ●t a much cheaper and easier rate than formerly ▪ and with as good Mariners and Soldiers as ●ny in the World. 6. The English by joyning with the Scots and supporting their ●olony at Darien , may have their P●a●e brought home in their own Bottoms and from their own Mines , with which we are assured that Country abounds , without being obliged to touch at Cadiz or any Foreign Port , being liable to the vexatious Indulto's of Foreign Princes , or in such hazard of being intercepted , as they many times were during the late War. 7. The English may by joyning with the Scots render themselves more capable than ever of keeping the Balance of Europe in their hands ; a Trust which Nature and Providence seems to have assign'd 'em , since their Situation and Naval Force not only makes it proper for them , but they have had an opportunity put into their Hands in little above the Revolution of one Century , of twice breaking the Chains of Europe when threatned with Slavery ; first by the Spaniards , and then by the French. This is so much the more evident , that by being possess'd of Darien , they will be able either to prevent the uniting the Spanish and French Monarchies ; or if not so , to render that Union so much the less dangerous , when it will be in their power to seize their Treasure and Dominions in the Indies , without which , that bulky Monarchy must fall by its own weight This is likewise of so much the greater importance , that it may very probably either prevent a Religious War , towards which the Papists discover so much inclination , or at least bring it to a speedier Conclusion : For we have as good reason to look upon the Spanish Mines in the West-Indies , to be Antichrist's Pouch , by which he maintains his War against the Church , as the Old Taborites had to call the Silver Mines in Bohemia by that Name . It is certainly the surest Method of destroying Antichrist , to seize his Purse ; for if he once be depriv'd of Judas's Bag , he will quickly drop St. Peter's Keys . It 's by the Charms of her Gold that the Babylonish Whore hath made the whole World to wonder after her , and the Kings of the Earth to be drunk with the Cup of her Fornication . ANSWER . By this Cant of Antichrist's Pouch , the Babylonish Whore , and some other Expressions our Calidonian makes use of in this Treatise , one would shrewdly suspect him to be a Disciple of the Old Covenanting Crew , the more because I find he has a great Itch after the Spanish Mines , a Property belonging in a most peculiar manner , to that Gang , who sold their King for Money , as Judas did Christ. But to return to our more serious Considerations . I think we have all the reason in the World to hope , that , since England , has been twice instrumental in breaking the Chains of Europe , and keeping up that Balance which is absolutely necessary for the Repose of Europe , without the Assistance of the Scots , it may be able to maintain its ancient Glory without their New Settlement at Darien ; which , in my Opinion , will contribute but very little either to prevent the Union of the Spanish and French Monarchies , or to render it less dangerous ; for , I am well Convinced , that if the last should happen , the French would soon tell the Scots , Veteres migrate Coloni : For if they would not take the Compliment , they would find some other way to send them back to the Highlands . He promises the English Golden Mountains , and that without any trouble , free from all Imposts and Danger ; but if these Mines should prove Abortive , if it should happen with them as the Poet says , Parturiunt Montes , would not the English deserve to be Laugh'd at , to expose their Spanish Commerce to hazard , for the uncertain hopes of some imaginary Mines promised them by an unknown Gentleman , who can give no better Account of them , than what has been told him by others , who perhaps have it no more than by hearsay themselves . We are obliged to this Gentleman however , for the Kindness he is pleased to shew for England , in easing us of the Scotch Pedlars , but the Danger is , that , in case the Scots should be permitted to furnish England with Muslins , Silks , &c. as he mentioned before , they would all turn Wholesale Men , and those that now are gone to carry their Packs upon their Backs would go about the Country with as many Pack-Horses , as a Carrier that comes to London freighted with all sorts of Commodities . DEFENCE . 8. By this means the English may be better able to prevent the Ruine of their Trade in the Mediterranean and West-Indies , if the French should possess themselves of the Kingdom of Spain : And they will likewise be the better able to prevent their possessing themselves of the Netherlands ; which if once they should do , and get Ports there capable of holding a Fleet , they would also ruine their Eastland Trade , and put a period to the Liberties of Great Britain . 9. It will effectually Unite the Scots to England by an inseparable Tie , if the English join us in this Undertaking : Their Ancestors would have gladly purchased this Union at a much dearer rate , but were always outbid by France : And the want of that Union made the English not only an easie Prey to their successive Conquerors , but lost them all the large Provinces that they enjoy'd beyond Sea , which were their Natural Barriers , gave them a free Access to the Continent , and made the English Name so glorious in the Days ▪ of their Ancestors . ANSWER . I can't for my Life conceive how this Scots Settlement should prove of such vast consequence , as to support our Mediterranean and West-India Trade against the French , if they should become Masters of Spain , much less how it should influence our Affairs so near Home , as to prevent them from possessing themselves of the Netherlands , unless the whole be built upon the hopes of his Mines ; but as the same hitherto are but imaginary , so he would have done very well to have given us some more satisfactory reason for this Assertion . What he says of the English being made an easie Prey to their Conquerors , for want of an Union with Scotland , ought to be look'd upon as a piece of Romance ; and this Gentleman , has forgot what he alledged not long before , viz. how instrumental the Scots had been in defending the Island against any Foreign Invaders : All that the Scots have to brag of in this Case is , that the great distance and unkindness of their Climate secured them against the Attempts of those who being possess'd of the Fertile Grounds of England , did not think it worth their while to look after them among the Cold and Barren Mountains . It must be confess'd that their frequent Inroads in England , gave the French a fair opportunity of ridding their Hands by degrees from the English , but it was not so much for want of such an Union , as he would make us believe , but because they were glad of any opportunity to supply their Wants at Home , by Plundering and Ravaging the Borders of England ; and because , as he himself confesses , the French paid them very well besides for their Pains ; so that we may well apply to Scotland , what Jagurtha , if I mistake not , said of Rome : O Romam venalem , dummodo emptorem invenisset : For the Scots were always for him that did bid most . But let us hear his last Argument upon this Head. DEFENCE . 10. It will be of general Advantage to the Protestant Interest , and contribute to the Advancement of pure Christianity , without any of the Romish Sophistications : Which certainly ought to weigh much with all true Protestants ; and so much the more , that the Pope and the Conclave of Rome have espoused the Quarrel of the Spaniards in this Affair as a Cause of Religion . Doubtless the poor Americans will be more in●linable to imbrace Christianity , when they find the difference of the Morals and Doctrine betwixt Protestants and Papists , and see that the former treat them with Humanity , and seek their Welfare both in Body and Soul ; whereas the Spaniards have render'd themselves , and the Religion they profess , odious , by the Inhumane Cruelties and Brutish Lusts which they have exercis'd upon so many Millions of the Natives . This is so far from being a Calumny , that an unexceptionable Author of their own , Don Bartholomew de las Casas Bishop of Chiapa , formerly mention'd , who was an Eye-witness of their Cruelties , gives an Account that they had in his Time destroyed above 40 Millions of the poor Indians ; tho' they receiv'd them with the greatest kindness imaginable , were ready to do 'em all the Friendly Offices that one Man could desire of another , and testified their great Inclination to have embrac'd the Christian Religion . But the Spaniards aim'd at the Destruction , and not at the Conversian of the Indians ; and are avowedly charg'd with it by the said Bishop , who in many places of his Book declares , That after they had sent for the Chiefs of the Countries to meet them in an amicable manner , which the poor harmless Creatures did without suspicion of any Fraud , these merciless Tyrants Murder'd them by wholesale , on purpose to make themselves terrible to them . This was a Practice so inconsistent with Humanity , that all the People ●f the World ought to have resented it : as having much more reason to declare the Spaniards to be Enemies to Mankind , than ever the Roman Senate had to declare Nero to be such . But this sort of Treatment compar'd with what they made others to suffer , may well be call'd Mercy : For tho' it was Death , the Indians were hereby quickly deliver'd from their Misery ; whereas they put Multitudes of others to lingring Deaths , that they might feel themselves die gradually ; and yet this is not so intolerable neither as the Condition of those poor People that had the Misfortune to survive that Cruelty ; for the whole time of their Lives under that miserable Servitude , is but Death prolong'd or making his Attacks upon 'em by intolerable Labour , and continual Hunger , the most insupportable of all Plagues ; those poor Creatures that toil in the Mines , and are imploy'd in Pearl-fishing , &c. having no more Sustenance allow'd them , and that too of the coarsest sort , than is just enough to keep Soul and Body together , in order to prolong their Misery . Then let any Man , who has but the least remains of Humanity left him , judge whether the Scots could be Criminal , if they should have actually Landed upon a Spanish Settlement , and have seiz'd the same , in order to deliver their Brethren the Sons of Adam , from such Hellish Servitude and Oppression as the above mention'd Bishop describes ; and if no Man that has any Bowels of Compassion within him can say they could , what shadow of reason is there to blame the Scots for erecting a Colony where the Spaniards never had any footing ? ANSWER . If this could be proved beyond Contradiction , I must confess no Body could blame the Scots for settling themselves at Darien , but till that be done , we must ask our Author'● Pardon , to suspend at least our Judgment , as to the legality of their Title to it . If I mistake not the matter , he does not seem to build altogether upon that Foundation so much as upon their having forfeited their Title by their unheard of Cruelties ; for , to what purpose else this tedious Repetition , when he had enlarged himself sufficiently before upon that Theme ? Which indeed may serve to render the Spaniards odious but in my Opinion is but a slender Addition towards the strengthning of their Title upon Darien , since with the same Right , not only the Scots , but any Nation whatsoever might lay claim to all America , as far as it is in the Possession of the Spaniards . We will therefore hear what he has to alledge for us Caledonians in the third Head. DEFENCE . The next thing to be consider'd is , Whether the Scots without the assistance of England , may probably maintain their footing there , which there 's no doubt may very well be determin'd in the affirmative . 1. Because the whole Kingdom of Scotland being more zealous for it , and unanimous in it ▪ than they have been in any other thing for forty or fifty Years past , it is not to be doubted , but they will use their utmost Efforts to support themselves in it by their own strength ; or if that will not do , by making Alliances with other Nations that are able to assist them with a Naval Force . 2. If they meet with no other Opposition but what the Spaniards are able to make to them , it will be easie for the Nobility , and Gentry , and Royal Burroughs of Scotland , to raise Money upon their Lands , &c. to increase their Stock for the American Trade , and buy Ships of Force to protect it . Nay , without that it 's but giving Commission to the Buccaneers to become an over-match for the Spaniards . 3. Supposing the French should offer to join with the Spaniards , and assist them to drive the Scots from Darien , as some say they have already proffered ; we are not to imagine that the Spaniards will accept their Proffers in this case , when they refused them as to the driving the Moors from before Ceuta . The Reasons are obvious : They declin'd the accepting their Proffers as to Ceuta , because they would not thereby give the French an opportunity of possessing themselves of any of their Towns in Africa , as it is but too common for Foreign Auxiliaries to do in such cases . Then certainly they have much greater reason to refuse their Proffers as to Darien , America being of infinitely more value to them than some African Towns : And if once the French should get footing there , it would be in vain for the Spanish Grandees any further to dispute the Succession of France to their Crown ; for they would immediately seize upon their Mines and Treasures in the West-Indies , without which the Spanish Monarchy is not able to support it self . Or supposing the King of Spain should live for many Years , and by consequence keep the French out of possession ; yet having once goot footing at Darien , which they will certainly do , if the Scots be expell'd by their assistance , the Spaniards will quickly be convinc'd to their Cost , that they are more dangerous Neighbours than the Scots ; not only because of their greater Power to do them more mischief , but because of their incroaching Temper , which all Europe is sensible of ; and being of the same Religion with the Spaniards , and having of late Years set up for the Champions of Popery , they will by the Influence of the Clergy , bring all the Spanish Settlements of America to a dependence upon them , and a love for them as the great Protectors of the Catholick Faith ; which will at once destroy the Interest of Spain in America . This will appear to be no vain Speculation , to those that consider the Temper of the Popish Clergy , and the Insolence of the Spanish Inquisitors , who so daringly reflected upon the late Alliance of Spain with Protestant Princes and States , tho' absolutely necessary to preserve that Nation from being swallowed up by France . Whereas the Scots being Zealous Protestants , and for that very reason hateful to the Popish Clergy and Laity , they are under a moral Impossibility of having so much Influence to withdraw the American Settlements from the Obedience of Spain : And besides , being under an obligation by the Principles of their Religion , and their fundamental Constitution , not to invade the Property of another , the Spaniards have no cause to fear any thing from them , provided they forbear Hostilities on their part ; but on the contrary may find them true and faithful Allies , and useful to assist them in the defence of their Country , if attack'd by the French as in the late War : It being the Interest of the Scots , as well as of the Spaniards , to prevent the Accession of the Crown of Spain to that of France . These things , together with the known Endeavours of the French to procure an Interest amongst the Natives of that Country , and especially with Don Pedro and Corbet , in order to a Settlement , make it evident enough , that it is the Interest of Spain the Scots should rather have it than the French , who have already been tampering with the Spaniards as well as with the Indians , and doubt not to have a large share of America whenever the King of Spain dies . ANSWER . Most People , I am apt to believe , will soon agree with our Author in this point , That the French would be by far the more dangerous Neighbours to the Spaniards in America , both in respect of their Power , and the influence they might have over the Spaniards in America upon the score of their Religion ; but I hope he will also grant me , that it is much more for the Spanish Interest , not to be troubled with any Neighbours at all there , that may be in any probability to interfere with them either in Power or Traffick ; but whether the Spaniards will be able , as the case now stands , to gain this point , is what must be the present Object of our consideration . I will for once suppose the Scots to be so unanimous in this matter , as our Author would have them , yet it is much to be doubted whether they would be so fond of a Project that is subject to so many Casualties , and to no small danger of succeeding , as the Nobility , Gentry , and others , to mortgage their Estates upon that Score ; but supposing they should , it would still be a question , Whether they could be in a condition to procure time enough , such a number of serviceable Ships , and other Necessaries requisite for the maintaining themselves at Darien even against the Spaniards alone . For , granting they should not be in a capacity to force the Scots from their Fortifications , they have other means to annoy and intercept their Convoys , which , considering a Communication betwixt the English West-India Plantations , and the Scots Settlement , is taken off , may in all likelihood reduce them to a starving condition there , or at the best put the Scots East-India Company under a necessity of providing their Ships with such strong Convoys , at so great a distance , that the Charge may surmount the Profit , notwithstanding the hopes of their rich Mines . What our Calidonian says of giving Commissions to the Buccaneers , is little to the purpose , it being evident that they have no power so to do by vertue of their Letters Patents , and that consequently by so doing , they must put themselves in the same range with them , which would be the ready way for them to forfeit all the Title they can pretend to upon that Settlement . But supposing the Scots should put the Spaniards so hard to it , as to be obliged to seek for aid by the French , who at this juncture seem to be very forward to purchase their good will at any rate , it is very probable that they may have their Assistance upon much easier terms , than the Surrender of Darien into their Hands ; neither is it to be questioned , but that the Spaniards , who are jealous of the French to the highest degree , might take such sure Measures as to the Number and other Circumstances of the French Auxiliaries , as might free them from the danger of being surprized by them , especially at this time , when the French are so cautious of creating a Jealousie in that Nation . What our Author alledges of Ceuta , is no parallel to this ; the only reason of the Spaniards refusing the Offers of the French as to the relief of that place , being no more , than that they thought it inconsistent with their Grandeur , to leave the Glory of relieving a place , which is so near them , to a Foreign Nation ▪ when as yet they were sufficiently able to defend it against the Moors . It may also be consider'd , That the French have not shewn so much inclination to get a firm footing in America , as our Author would fain perswade us ; for what reason I will not pretend to determine ; but certain it is , that when Monsieur de Ponti had made himself Master of Carthagena , they might with as much probability have defended themselves there against the Spaniards , as the Scots in their Settlement at Darien . And if Darien was of so much consequence to France , what could hinder them from settling there , when Monsieur de Ponti touch'd at that place in his way to Carthagena . Which makes it very evident that the French did not think it for their Interest to plant any Colonies at this time in America , or at least not at or near Darien . DEFENCE . But admitting ( says our Caledonian ) that the Spaniards should so far mistake their Interest , as to accept of the Proffers of the French to expel the Scots , it is not impossible for the latter to find other Allies than the English to assist them with a Naval Force to maintain their Possession . The Dutch are known to be a People that seldom or never mistake their Interest : They are sensible how useful the Alliance of Scotland may be to them , both in regard of their Liberty to Fish in our Seas without controul , and of being a Curb upon England , in case the old Roman Maxim of delenda est Carthago , should come any more to be applied by the English to that Republick , as in the Reign of King Charles II. They are likewise sensible of the Advantage it would be to their Trade to be Partners with the Scots at Darien ; and how effectual it may be to disable the French to pursue their Claim to Spain , and by consequence to revive the old Title of that Crown upon their own seven , as well as to swallow up the other Ten Provinces . These things , together with a long continued Amity and Trade betwixt Scotland and Holland , and their Union in Religion and Ecclesiastical Discipline , are sufficient to evince that the Dutch would become our Partners in America with little Courtship . That they are able to assist us in that case with a Naval Force sufficient , is beyond contradiction ; and that they would soon be convinc'd it is their Interest to do it , to prevent that monstrous Increase of the French Monarchy , is obvious enough from the Part they Acted in the late War. But admitting that none of those Considerations should prevail with the Dutch , and that they should likewise abandon us ; it is not impossible for us to obtain an Alliance and Naval Force from the Northern Crowns : It 's well enough known that those Kingdoms abound with Men and Shipping , and that they would be glad with all their hearts to make an Exchange of these for the Gold and Silver of America ▪ which they might easily carry from Town to Town , and from Market to Market , without the trouble of a Wheel-barrow , as they are now obliged to do with their Copper . From all which it is evident enough that it is not impossible for the Scots to maintain themselves in Darien without the Assistance of England . ANSWER . Tho' it may not be altogether impossible , yet it appears to me very improbable , that the Scots shou'd be able to maintain their Settlement without the Assistance of the English , who , by reason of their many and considerable Plantations in the West-Indies , are the only People from whom the Scots might have seasonable assistance , especially with Provisions ; what our Caledonian says concerning the Alliances with the Dutch or the Northern Crowns , are meer Chimera's : For , first I would ask him , how the Scots can enter into any such Alliance in opposition to England ? But supposing they could , the Dutch , who as he tells us himself , seldom mistake their Interest , have the same Reasons that England has , to oppose the Scots East-India Company , because of their vast Commerce in those Parts ; and the Spanish Trade is of such consequence to them , that they will scarce be perswaded by our Author , to break with Spain , and consequently to lose the Advantage of their Traffick in that Kingdom , for the uncertain hopes of his Darien Mines . What he says of the Usefulness of the Scots Alliance to Holland , in case of a Rupture with England , is said to no purpose at this time of the day , and is besides this Founded upon another supposition , viz , That the Scots must be in a Condition to assist them , which they are not likely to do as long as they are united with England under one Head. But our Caledonian tells us strange Wonders about the Northern Crowns ; he takes a great deal of pains to give us to understand , that Gold and Silver would be much more convenient for the Swedes and Danes , than Copper ; truly , I will not quarrel with him upon this Point , but I am apt to believe , that they will scarce part with their Men and Shipping before they are better convinced what share they are to have of them , and whether the Scots are able to make good their Promises ; for without that , they had better keep to their Copper , which yields them good Money in Foreign Countries . Besides that their great distance makes their assistance very difficult and uncertain , if not quite useless , it being the Opinion of most People who have a true insight into this matter , that the want of seasonable Supplies , which must be sent at so great a distance , will oblige the Scots to quit their Settlement of Darien , unless they will rather chuse their Graves amongst their imaginary Mines , where we will leave them to their own Destiny , and apply to them the Epitaph the Poet made upon the Hare-brain'd Phaeton . Hic situs est Phaeton , currus auriga paterni Quem si non tenuit , magnis tamen excidit ausis . But we must hear what he further says upon the fourth and last Head. DEFENCE . The next thing to be discours'd of , is , what the Consequences may probably be , if the English should oppose us in this Settlement . We could heartily wish there had never been any ground for this Suggestion , and that the Opposition we have met with from England hath been less National than that which we had from both their Houses of Parliament , after the passing an Act for an African Company , &c. in ours : And it were to be wished that so many of the English had not given us such proofs of an alienated Mind , and Aversion to our Welfare , as they have done since by their Resident at Hambourgh , and their late Proclamations in their West-India Plantations : And we could have wish'd above all that His Majesty of England had not in the least concurr'd , or giv'n his Countenance to that Opposition ; And we could wish that his English Counsellors , who put him upon those things , would remember that Strafford and Laud lost their Heads for giving King Charles I. that fatal Advice of oppressing and opposing the Scots . ANSWER . It is not denied but that those two Lords were , by the Presbyterian Party , Sacrificed to their Covenanting Brethren in Scotland , but what is that to the Point in question , since what has been done in opposition to the Scots Settlement , is , by his own Confession , a National Concern , back'd by the Authority of both Houses of Parliament in England ; and it cannot be look'd upon any otherwise , than as a most unaccountable Arrogance in our Caledonian , who stiles himself a Private Man in his Dedication , to call in question , and that in so gross a manner , what has been done in this Matter by His Majesty and His Parliament , for the promoting and maintaining their own Commerce : But let us see how he proceeds further upon this Head. DEFENCE . We did verily think ( says he ) that the suffering of our Crown to be United with that of England in the Person of King James their I. and our VI ; our seasonable coming to the Rescue of their expiring Liberties in the Reign of King Charles I. our being so instrumental to rescue them from Anarchy and Confusion , by the Restoration of King Charles II. and above all , or generous and frank Concurrence with them in the late happy Revolution , and Advancement of King William III. We did verily think , that all these things deserv'd a better Treatment : And to evince that they did , we shall beg leave to insist a little upon the first and last . The English have no cause to think that we were ignorant of the Reason why their Politick Henry VII . chose rather to Match his Eld●st Daughter with the King of Scots , than with the King of France , because he foresaw , that if the King of Scots should by that means come to the Crown of England , he would remove the Seat of his Government thither , which would add to the Grandure and Riches of England : Whereas if the King of France did by that means fall Heir to the English Crown , he would certainly draw the Court of England to Paris . This the Scots were so far from being ignorant of , that many of the Nobility and Gentry did express their dislike of the Union of the Crowns , as well knowing that it would reduce our Kingdom into a Subjection and Dependance upon England , and drain us of what Substance we had ; and therefore some of them express'd themselves on that occasion , That Scotland was never Conquer'd till then : Yet such was our Zeal for the Common Welfare of the Island , the Interest of the Protestant Religion , and of Europe in general , which were then almost in as much danger by Spain , as they have been since by France , that we quietly and freely parted with our King , and suffer'd him to accept the English Crown , rather than that Nation should be involv'd in War and Confusion , and the Protestant Religion endanger'd by another Successor , as it must necessarily have been , had the Infanta of Spain , whose Title was then promoted by the Popish Interest , succeeded . And all the Reward we had for this Condescension and Kindness , was a Contemptuous and Disdainful Refusal , on the part of England , of an Union of the Nations when proposed , tho' the same would visibly have tended to the Benefit of the whole Island , the general Advantage of Europe , and the Security and Increase of the Protestant Interest . And our King was so little thankful on his part , that tho' he promis'd solemnly in the Great Church of Edinburgh before his Departure ▪ that he would visit his Ancient Kingdom once in three Years , he never saw it after but once , and that not till Fourteen Years after . And by the influence of that same Faction in England , who are still our Enemies , he made Innovations both in Church and State. These were the first Advantages we had by the Union of the Crowns . His Son King Charles I. had scarce ascended the Throne , when we had new Proofs of the Disadvantages we labour'd under by that Union ; for he by the Advice of some Enemies to our Nation , did in an Imperious and Arbitrary manner send for our Crown , tho' the only Monument almost left us of our Independency and Freedom ; but was generously answer'd by him that had it in keeping , That if he would come and be Crown'd in Scotland , he should have all the Honour done him that ever was to his Ancestors ; but if he did not think it worth his while , they might perhaps be inclin'd to make choice of another Soveraign , or to that effect ; as recorded in the Continuation of Sir Richard Baker's History . Another Disadvantage we had by that Union of the Crown , was this , That that Unfortunate Prince being inspir'd with an Aversion to the Constitution of our Country , by his Education made War upon us to bring us to a Conformity with England in Church-Matters . We shall not here offer to debate which of the Churches was best Constituted , or most agreeable to the Scripture-Pattern : It suffices for our Argument , That we were Injur'd in having a Foreign Model offer'd to be obtruded upon us , which was the Consequence of the Union of the Crowns , and of having our King Educated in another Nation ; but that was not all , another mischievous Effect of the Union was this , That whatever King Charles had deserv'd at our Hands , yet out of Natural Affection , Conscience and Honour , we were oblig'd to do what we could to prevent his Illegal Trial and Death , and to defend his Son's Title , which threw us into Convulsions at Home , occasion'd us the loss of several Armies , and expos'd our Nation afterwards to Ruine and Devastation , by our implacable Enemy the Usurper , which together with the Ungrateful Retributions made us by the Government after the Restoration , were enough to have wearied any Nation under Heav'n , but our selves , of the Union of the Crowns ▪ ANSWER . Our Caledonian , as I believe , being somewhat mistrustful of the strength of the Scot● Title , as well as of his Arguments , to perswade the English , that it is for their Interest to maintain the Scots in their New Settlement , thinks it best to take other Measures now , and to try whether he can hector them into a Compliance with the Scots ; he sets the best Countenance upon the Matter , and labours very hard to give the World to understand , that the English are highly indebted to the Scots , for suffering , as he terms it , their Crown to be United with that of England . I will not enter into a Dispute with him , about the design of Henry VII . in Marrying his Daughter to the King of Scots . I will allow him to have acted in this Point as much for the Interest of England , as our Author would have him ; but what is all this to their suffering the two Crowns to be United under one Head. I hope he will grant me , that both the English and Scots Crowns were Hereditary ; and being such , how was it in the Power of the Scots to alter the Succession upon that Score ? I will further allow him , that whenever two Kingdoms , or States are United under one Head , the less Potent will in some measure be independent on the other : But I would also have him grant me this Position , That if at that Juncture the Infanta of Spain had succeeded in England , the Protestant Interest both in England and Scotland , must have been brought into no small Jeopardy , and our Author would have had no great occasion at this time to brag of the Soveraignty and Independency of the Scots . He makes a large Rehearsal of the Miscarriages in the Reign of King James I. and King Charles I. especially of their Innovations in Church Matters in Scotland ; but our Author might have remembred if they introduced Episcopacy among them , they were not behind hand in furnishing England with Presbytery . What he alledges concerning their Sufferings in the Civil Wars , for the Defence of K. Charles I. and his Sons Title , ought not to be put upon the English Score . I wonder how he can be so forgetful as not to remember , That the Scots Covenanters were of that Gang that begun the Dance , and all the reason in the World they should help to pay the Fidler ; And this is so unquestionably true , that many of the wiser sort are of Opinion , That the Presbyterian Faction would never have carried Matters to that heighth , under that unfortunate Prince's Reign , if they had not been back'd by the Covenanting Party in Scotland ; So that England may in a great measure lay the Calamities of the late Civil Wars , and its fatal Consequences , to their Doors , which our Author would fain put altogether upon the English . But let us see how he goes on in magnifying his beloved Scots . DEFENCE . Yet such was our Zeal for the Protestant Interest , the Welfare of the Island , and the Liberty of Europe , that tho' we had a fair opportunity of providing otherwise for our security and the Advancement of our Trade , and of forming our selves into a Commonwealth , or of bringing England to our own Terms , yet we frankly and generously concurr'd with them to settle our Government on the same Persons , and in the same manner as they did theirs , and all the Reward we had from them , is , that an Union of the Nations , tho' twice propos'd by His Majesty in Parliament , hath been rejected : To this they have added an opposition to our receiving Foreign Subscriptions at Hamburgh and elsewhere , refus'd us a Supply of Corn for our Money , to relieve us in our Distress ; and discourag'd our Settlement at Darien , by forbidding their Subjects to Trade with us there . If these continued Slights be not enough to make us weary of the Union of the Crowns , let any Man judge . To discover a little of the unreasonableness of this sort of Treatment , we dare Appeal to the calm thoughts of such of our Neighbours in England , as prefer the Interest of the Publick to private Animosities , and foolish ill-grounded Piques , either as to Church or State ; whether at the time of the Revolution , and before we declar'd our selves , they would not have been willing to have assur'd themselves of our Friendship , at the rate of Uniting with us as one Nation ? Had we but demurr'd upon forfeiting the late K. James , or made but a Proffer of renewing our ancient League with France , and joyning with that Crown to keep that Prince upon the Throne of Great Britain ; they know we might have made what Terms we pleas'd with the late King and Louis XIV . on that condition , and might have been restor'd to all the Honours and Privileges that our Ancestors enjoy'd in France , which were almost equal to those of the Natives ; and yet that gallant Nation thought it no disparagement to them , however we be despis'd and undervalued now by a certain Party in England . Had we but seem'd to have made such Overtures , the English must needs have foreseen that the natural Consequences of such a Design , if it had taken effect , must have been these , viz. The late King's Adherents in England would certainly have join'd us , and our Nation would have afforded them a safe Retreat , in case of any Disaster , till they could have concerted Matters to the best Advantage ; The late King would not have yielded himself such an easie Conquest , not disbanded his Army in such a manner as he did ; Ireland had certainly revolted , since every one knows that the Revolution was begun , and in a great measure perfected there by the Scots of the North ; so that England must have become the Theatre of the War , and been liable to an Invasion from France . These must certainly have been the Consequences of our adhering to the late King , and the English would have thought they had had a very good Bargain if they could have bought us off in that case with Uniting both the Kingdoms into one , and granting us a joint Trade to their own Plantations ; whereas now they will not allow us to settle a foreign Colony of our own , and treat us as Foreigners in theirs . ANSWER . Our Author has so entangled himself in pleading for the Scots , that he is almost beyond his Senses ; for what Man , who is in his right Wits , could propose an Alliance with France , ( which is in effect no less than to make Scotland a Province of France ) as more advantageous to the Scots than their Concurrence with England in the last Revolution ; for if they were become so indifferent as to their so much bragg'd of Liberty and Soveraignty , and their Religion to Boot , what need they have chang'd Masters ? since King James would have eased them of both ; and it appears to me , as if our Caledonian was rather for the last , since he takes so much pains to represent to us the consequences of it in the most passionate manner that could be : But if the matter be duly weigh'd , he has shot much beyond the mark ; for supposing the Scots to have stood it out against England for King James , ( tho' I must confess it implies almost an absurdity to suppose it ) the consequences would not have been half so terrible as he would persuade us ; for Scotland , being , by reason of its Situation , not easie to be relieved by France , as long as the English and Dutch were Masters at Sea , they might perhaps have proved troublesome , but not so dangerous Neighbours , as to make England the Theatre of War ; and it is , I think , odds on the English side , that they might have served them as Cromwel did ; that is , to bring them under an entire Subjection , whereas they now enjoy many Priviledges beyond other Foreigners , and have born but a very slender share in those vast Sums expended for the Glory and Interest of the Island in general . It is not to be denied , but that their ready Concurrence did hasten the Conquest of Ireland ; but I am apt to believe , that their refusal would scarce have appear'd so dreadful to the English , as to make them receive Laws from the Scots . I cannot pass by in silence here with what Arrogance he is pleased to reflect upon the Measures taken in England on the account of the Scots East-India Company , when it is beyond all question , That every independent Nation has an inherent Right to secure their Commerce against the encroachments of a Neighbouring Nation , which is the true state of the Case ; which our Author terms Ingratitude , and I know not what , in the English , who did no more than to represent their Grievance to His Majesty's Consideration . He runs on further thus . DEFENCE . To shew that this is not a mere Conjecture , that has no other ground but a Vision of the Brain , they may be pleas'd to consider the honourable Privileges granted us by their Ancestors , and some of the greatest Princes that ever sway'd their Scepter , viz. King Edward and William the Conqueror , who by the Consent of the States in Parliament assembled , Enacted , That the Scots should be accounted Denizons of England , and injoy the same Privileges with themselves , because of their frequent Intermarriages with the English , and that they did ever stood stoutly as one Man with them for the common Vtility of the Crown and Kingdom , against the Danes and Norwegians , fought it most valiantly and unanimously against the common Enemy , and bore the burden of most fierce Wars in the Kingdom . This they will find in a Book , call'd , Archaionomia , translated from the Saxon by William Lambard , and Printed at London by John Day , in 1568. It must be granted , that the Reasons of such a grateful Retribution are redoubled now : Intermarriages betwixt the two Nations are more frequent than ever ▪ the Union of the Kingdoms under one Crown for almost 100 years ; the generous Concurrence of the Scots in the last Revolution ; their loss of so many gallant Officers and brave Soldiers in the common Cause during the late War , and the preservation of Ireland , which hath been twice owing to our Country-men , might reasonably entitle us to the same Privileges now , that our Ancestors were formerly allow'd by K. Edward and William the Conqueror . We need not insist on another sort of Obligation , that we have put upon England twice within this 60 years , viz. The delivering them from their Oppressions in the time of K. Charles I. the Anarchy of the Rump , and several Models of Armies and Junto's , by encouraging General Monk's Undertaking ; for it cannot be denied that we had the Balance of Europe in our hands at the time of the last Revolution , and that we turn'd the Scale to the advantage of England in particular , and of Europe in general , which must be allow'd to be as great a Service , as that which was so thankfully rewarded by Edward , and William the Conqueror ; whence it is evident , that those Englishmen , who at present oppose our Settlement in America , don't inherit the gratitude of their Ancestors , when they not only will not allow us to Trade in Conjunction with them , but withstand our doing any thing that may advance a Trade by our selves . If they object , That what we did in all those Cases was no more than our Duty , and what we ow'd to our own Preservation as well as to theirs ; it is easie to reply , That admitting it to be so , yet by the Laws of God and Men , People are incourag'd to perform their Duties by Rewards ; and their Ancestors were so sensible of this , that tho' they knew we were equally concern'd to defend the Island against foreign Invaders as well as they , yet they thought themselves oblig'd in Policy as well as Gratitude , to Reward us ; which they not only did by that Honorary Praemium of allowing us to be Denizons of England , as above-mention'd , but sometimes gave to us , and at other times confirm'd to us the three Northern Counties of Northumberland , Westmorland , and Cumberland , to be held in Fee of the Crown of England . It is likewise very well known with how much Honour the Parliament of England treated us , when they courted our Assistance against King Charles I. and what large Promises that Prince made us , if we would have but stood Neuter ; which tho' we had reason to think many of those that opposed him had no great kindness neither for our Civil nor Ecclesiastical Constitution , yet the sense that we had of the common Danger that our Religion and Liberties were in at that time , made us proof against all those Tentations ; so that after all Endeavours for a Reconciliation betwixt the King and the Parliament of England prov'd unsuccessful , we sent in an Army , which cast the Balance on the side of the latter ; who before that time were reduc'd low enough by the King's Army , as is very well known to such as are acquainted with the History of those times , and is own'd by my Lord Hollis in his Memoirs lately publish'd . ANSWER . Our Caledonian most extreamly misses his aim , in relating those Matters as Obligations done to England ; for which they have but little reason to be thankful to them : Their behaviour under the Reign of K. Charles I. was such , that the English ought to keep it in eternal Remembrance ; and in lieu of Acknowledgment , rather ought to take care of them , so that they may not be able for the future to be the Incendiaries of a Civil War , as they were at that time . For , after they had put all England into Confusion by their Encouraging , and afterwards declaring for the Presbyterian Faction ; after , I say , they had been instrumental in bringing this unfortunate Prince to his fatal End , they took the opportunity of siding with his Son ; not out of any love to his Person , or to maintain his rightful Title , as may appear by those Conditions they imposed upon him ; but to Revenge themselves upon those , who had wrested the Power out of their Hands , and afterwards made them bear their share in those Miseries they had brought upon England . Certainly our Author must think the English to be very ill versed in their own History , when he alledges , the Scots to have had any share in General Monk's Undertaking , who can be so ignorant as not to know , that all what this General desired from , and was granted by the Convention of the Scots , was to furnish him with so much Money , as might maintain his Army in their march to London ; and there is no question , but they understood their Interest so well , as that they would have parted with a far greater Sum to rid their hands of a conquering Army in their Bowels , and to set the English together by the Ears among themselves , by which means they might hope to recover their lost Liberty ▪ For the rest , it is sufficiently evident , That if General Monk had at that time any Thoughts of recalling the King , ( which I much question ) he had more Prudence than to Communicate it to the Scots or any body else ; For if the Rump had had the least suspicion of his design , they would scarce have made him General of all the Forces in the three Nations . This is the true state of the Case , as to the first of these Obligations , our Calidonian brags of : What he says of Scotland's turning the Balance in the time of the late Revolution , when it was in their hands , shews so much Vanity and want of Judgment in point of Policy , that it deserves no Answer ; and I am apt to believe , the wiser sort among the Scots will owe him but little thanks for representing them as a People who could fall under a possibility of mistaking their own Interest and Preservation so far , as to let slip so extraordinary an opportunity , as was offered them by Providence , to secure their Religion and Liberty , and in lieu of that to Embrace a foreign Protection ; or to speak truer , to submit their Necks under a Foreign Yoke , rather than to Unite themselves with the English under one Head ; who perhaps , notwithstanding their foreign Alliances , might have taken this opportunity to bring them once for all to Reason , as Cromwel did , who 's Title to Scotland , as their Conqueror , was own'd by all Europe . He goes on thus : DEFENCE . But to return to the last Revolution : Tho' we must own , that we owe our Deliverance to His Majesty , and were oblig'd in Conscience and Honour to concur with him ; yet who could have blam'd us to have stood upon Terms before we had fallen in with England ? especially , considering how ungratefully ( nay villainously ) we were treated by Cromwel and his Party , after we had sav'd them and the Parliament of England from the Scorpions that the Cavaliers had prepar'd to Chastise them with ; as is own'd by the said Lord Hollis . Nor could we have been any way culpable , if we had stood upon surer Terms , considering how unthankfully we were used , and Enslav'd by our late Kings , for whom we had acted and suffered so much . And tho' we must own , That no less Present than that of our Crown was sufficient to testifie our Gratitude for what the Prince of Orange had done for us , yet we were under no necessity of gratifying him in that manner , since our Deliverance was effected before-hand , and that he himself , in his Declaration , express'd it to be no part of his Design to come for the Crown ; so that our Reward was as Frank and Generous . Then as to England , we were under no manner of obligation to continue the Union with them : We might have insisted upon having our King obliged to reside as much amongst us as amongst them : That we should be govern'd without any consideration or respect to their Interest , any further than it fell in with our own . We might have insisted upon an Act that we should not be oblig'd to attend His Majesty at any time at the Court of England , about our Affairs ; but that he should either attend upon our Administration in Person pro r● nata , as he does now upon the Affairs of Holland , or lay down Methods to have his Pleasure signified to us at Home in such Cases as it was requir'd ; which would save a vast deal of Money annually to the Kingdom of Scotland . Then as to the Succession , we were under no necessity of settling it in the same manner as they did in England : For since they had made a Breach in the Line , they could not handsomly have blam'd us to have made an improvement of it ▪ and either to have limited the Reversion after His present Majesty's Death , as we should have thought best , for the security of our Civil and Religious Liberties ; or we might have settled it upon the Prince of Orange , and his Issue b● an● other Wife , there being cause enough then to conceive that he was never like to have any by his late Excellent Princess : Had we taken any of these Methods , it must be own'd that England would have been considerably weakned by it ; that we should have thereby had an opportunity of making such Foreign Alliances with France , as formerly , or with any other Nation as would have made England uneasie , and perhaps unsafe on occasion ; and therefore it must be reckon'd highly Impolitick in our Neighbours , to treat us continually at such a rate , since we have so many open Doors to get out at . They must not think that we have so far degenerated from the Courage and Honour of our Ancestors , as tamely to submit to become their Vassals , when for Two Thousand Years we have maintain'd our Freedom ; and therefore it is not their Interest to oppress us too much . If they consult their Histories , they will find that we always broke their Yoke at long run , if at any time we were brought under it . The best way to assure themselves of us , is to treat us in a Friendly manner : Tho' we be not so Great and Powerful as they , it is not impossible for us to find such Allies as may enable us to defend our selves now , as well as formerly . None of these things are suggested with an ill design to raise Animosity betwixt the Nations , or to perswade to a Separation of the Crowns , but merely to shew those of our Neighbours , who use us so unkindly , that they are bound in Gratitude , and Interest , to do otherwise , and particularly to support us in our American Settlement , and not to discourage us in that Undertaking , as they have hitherto done , and continue still to do in their American Colonies , by their Proclamations against having any Commerce , or Trade with the Scots at Darien ; tho' they be settled there , according to the Terms of an Act of Parliament in Scotland . ANSWER . It is a most unaccountable piece of Insolence ( not to say worse ) in our Caledonian , to make use of such harsh Expressions , for no other reason , but because the English Parliament represented to His Majesty in a most Humble Address , the Danger the Commerce of England was likely to be exposed to by the Encroachments of the New Scots Company ; and His Majesty's Answer to their Address , might have been a sufficient Warning to our Scots Polititian , that he was sensible of the Justice of their Request ; and , that , as he had shewn himself a good King to the Scots , in granting them His Letters Patents , He thought it reasonable not to deny His English Subjects any legal means to relieve themselves against that Danger . But our Author is so much overcome with the Conceits of his own Politicks , that he spares the Scots Convention , as little as the English Parliament , whom he boldly accuses for want of Conduct , at the Time of the late Revolution , because they did not make better Terms with the English , before their Concurrence with them . But those Wise Patriots who compos'd that great Assembly , were too sensible of the Danger that threatned them , if in lieu of Uniting their Strength with ours , they should miss this Opportunity of Rescuing themselves from the Weight of those Oppressions they had groan'd under for some Years before , and spend their Time in insisting upon such Trifles as are mentioned here by ou● Caledonian , and don 't deserve any Answer . I will only insist upon one Point ; I believe there is scarce any Body but what will grant me , that considering they had a considerable Party Headed by the Lord Dundee , who were their Enemies within their Bowels , it was impossible for them to stand Neuter ; and considering how dangerous an Alliance with France might have proved at that Juncture ; nay , how useless it must have been to them , when the English and Dutch were Masters a● Sea , what other way had they left for their own Preservation , than to settle the Government upon the same Bottom as they did , which being most conformable to the true ancient Constitution of an Hereditary Monarchy , did free them from the danger of falling into new Dissentions at Home , in case of any sinister Accident . He goes on in his Plea. DEFENCE . We are not insensible that the present Juncture of Affairs obliges the Kingdom of England to carry fair with Spain , and may admit that in part as an Apology for some of that Opposition we have met with from them ; but the questioning our Act of Parliament at first , and their hindring our Subscriptions at Hamburgh afterward , before ever they knew what our design was , make that Excuse of little weight : But allowing it all the force they would have it to bear , it may be worth their while to consider whether it be more their Interest to incourage the Spaniards in an unjust Opposition to our American Settlement ; or to support the Scots in maintaining their Right . It is certain that the Spaniards are in no condition to break with England ; or if they should , it 's in the Power of the English to reduce them speedily to reason : Whereas if the Scots should miscarry in their Undertakings by the Discouragements from England before-mentioned , which exposes our Ships to be taken and treated as Pirates by any Nation that pleases , the infallible consequence of it will be , that the Ruine and Impoverishment of Scotland , which must necessarily follow such a Miscarriage , will immediately affect England both in her Trade and Strength : The City of London and the Northern Road , will soon feel the effects of it , when the Money spent by our Gentry and Merchants continually for Cloaths , Provisions , and Goods , ceases to circulate there : England may become an easier Prey to a Foreign Enemy ; since it will not be only the Loss of a Tribe , but of an entire Sister-Nation . Or supposing that Scotland should be able to bear up under the Weight of it , it will lay the Foundation of an irreconcileable Feud , and may perhaps issue in a War betwixt the two Nations ; which did never yet terminate at long-run to the Advantage of England , and is as unlikely to do so now as ever : For in such a Cas● they would find us Unanimous as one Man against them : And therefore those who are Enemies to the Peace of the Nations , being aware of this , labour to effect their Design by another Method , and endeavour as much as they can to dash the Government and us against one another . But they are mistaken in the People of Scotland : We are sensible of our Obligations to King William , and know so well what is due to our Deliverer , that it surpasses all their Art to create in us the least ill Thought of him ; it is not in the Temper of our Nation . The World knows that however frequent and successful we have been in reducing our bad Kings to Reason , yet there was never any People under the Sun more Loyal and Affectionate to good Princes than we have been ; and if , when we have been forc'd to oppose our Monarchs , private Persons have sometimes carried their Resentments too high , yet the publick Justice of the Nation was always govern'd with Temper . We could multiply Instances to prove this , but need go no higher than the three last Kings , who tho all of them Enemies to our Constitution , as appear'd by their Principles and Practices , yet it s very well known what we both did and suffer'd for them , and particularly for King Charles I. tho' the Malice of a Faction in our Neighbouring Nation , fix'd a Scandalous Reproach upon us , as if we had Sold him ; from which Reflection we are sufficiently vindicated by the Lord Hollis's Memoirs before-mention'd ; wherein that excellent Person makes it evident , that tho' our War against that Prince was just , yet we had all possible Respect for his Persons , made the best Conditions we could for his Safety and Honour , and to avoid greater Mischiefs , and the playing of our Enemies Game to the Ruine of our selves and His Majesty , we were necessitated to leave him in England . Memoirs p. 68. Then since we carried it so to a Prince that had been no way kind to us , it will be impossible to create a Breach betwixt us and a Prince , to whom , under God , we owe all that we enjoy as Men and Christians : But at the same time our Neighbours , who think to drive that Nail as far as it will go , would do well to consider , that we never believ'd that Doctrine in Scotland , That it is unlawful to resist a King , or any that have a Commission under him , upon any pretence whatsoever : We left that Doctrine in Scythia , from whence some Authors derive our Origin , and think it only fit to be sent back to Turkey , from whence it came . We know very well how to distinguish betwixt a Lawful Power , and the Abuse of it ; and our Ancestors rightly understood how to Obey the Lawful Commands of their Princes , when Masters of themselves , and how to Govern by their Authority , and in their Name , when they were not ; tho' they did not think themselves obliged to obey their Personal Commands , when the Fortune of War , or other Accidents had put them into the Hands of our Enemies . Thus we refused Obedience to K. James I. when detain'd Prisoner in England , contrary to the Law of Nations , and carried over into France , to Command his Subjects there not to bear Arms against the English Army , where he was in Person . We told him we knew how to distinguish betwixt the Commands of a King , and those of a Captive . ANSWER . Here is a Flourish indeed upon the Behaviour of the Scots towards their good and bad Kings , to comment upon which , would require a whole Volume , we will only take notice here of what he says concerning their selling King Charles I. to the English , of which he clears his Countrymen , but very indifferently , the whole amounting to no more , than that they made the best Terms for him and themselves too , which does not take away the Stain of surrendering their Prince to his Enemies when they had a good Army to back their Pretensions . The rest is taken up with his Arguments to convince the World ; that the Englesh ought at this Juncture , to prefer the interest of Scotland before that of Spain , upon which Head we have said so much already , that I think it needless to make a fulsome Repetition of it here . I will only add thus much ; That it may be hoped that those who have the Management of the Scots East-India Company , will have more Prudence than to venture their All upon that Bottom ; and , that consequently Scotland , if they miscarry in this Undertaking , will not be in so much danger of being utterly ruin'd , as this Gentleman imagines . His threatning Speculations about a War betwixt the two Nations , and the Unanimity of the Scots against us , s●a●ce deserves to be taken notice of since I see no reason why he should suppose the English so unconcerned at their own Interest , as to act with less Vigour against them , than they would against us , which I am apt to believe would not turn to the Advantage of Scotland , all this time , when the English are more Potent than ever , and the Scots have not the same Prospect of being back'd by a Foreign Power , as they were in former Times , when by reason of our Civil Dissensions they proved sometimes troublesome , but never were dangerous Neighbours . But let us see , what he has further to say upon this Head DEFENCE . To return to the Point of what may probably be the Consequences if the English should proceed to any further degree of opposition ; or if the Scots should miscarry in the Design . It 's reasonable to believe that the English will be so wise as to forbear Hostilities , tho' we are very well satisfied there is a Party in that Nation who bear ours no good will ; it 's to be hop'd they will never be able so far to leaven the sound part of the English Nation , as to occasion a Rupture betwixt them and us : Yet we must needs say that we look upon their way of treating us to be a very unaccountable thing , and that it was no small Surprize to us , to find that the English should look on our taking Subscriptions in England , in order to admit them Joint-Sharers with our selves , in the Benefit of the Act to encourage our Trade , to be no less than a high Misdemeanour . We have reason likewise to complain of their constant practice of pressing our Seamen in time of War , as if they were their own Subjects , and that they should treat us in other respects as if we were Aliens : And sometimes confiscate Ships , by reckoning Scots Mariners as such : So that the English have not only depriv'd us of the warm Influences of our Court , the want of which is a considerable addition to the natural coldness of our Climate , but they likewise oppress us on all occasions , and do manifestly endeavour to prevent our Application to Trade . We know there 's a Party in that Nation , who think we sustained no great loss by the removal of our Princes ; but we would wish them to consider what a murmuring they themselves make when the King goes annually to the Netherlands ( tho' the Safety of Europe requires it ) because of the Damp it puts upon Trade , and the Money it carries out of the Kingdom . Let them consider then what our Nation has suffer'd in that respect now for almost an Hundred years , besides the lessening our esteem in the Eyes o● the World , and yet they will neither admit us to the Privileges of Fellow-Subjects with themselves , nor suffer us to take such measures as may inable us stand on our own bottom . We know that it was a Maxim in some of the late Reigns , That it would never be well till all that part of Scotland on this side Forth , were reduc'd to a Hunting-field ; but we were in hopes the bitterness of those days had been past : yet it seems that Party have still so far the ascendant amongst our Neighbours , as to procure a publick opposition to all our Endeavours for raising our Nation by Trade . It will upon due Examination be found as bad Policy as it is Christianity , to urge , as some of our Neighbours do , that it is the Interest of England to keep the Scots low , because they are an independent and free Nation , and were our ancient Enemies ; and therefore may be dangerous Neighbours if they grow rich and potent . Nothing but Rancour and inveterate Malice can suggest such sour thoughts as these . It were fit that sort of Men should be purg'd of their Choler . The Scots to obviate all dangers from that Head , have , tho' they be much the ancienter Nation , condescended so far as several times to propose an Union , which the Gentlemen of that Kidney have hitherto prevented ; and therefore we would wish them to look back into their Histories , and upon casting up their Accounts , make a true Estimate of whatever they gain'd by a War with Scotland . They will find that their Ancestors , as well as the Romans , have been sensible , as Tacitus expresses it , Qu●s sibi Viros Caledonia sep●suerit ; and that as it was true what our Historian says of the War made upon us by Edward I. that Scotorum Nomen pene delevit ; it was also true , what he says on the other hand , that Angliam vehementer con●ussit : So that those Gentlemen take the direct way by opposing us to run into those Dangers they would avoid ; for they may assure themselves that if the English Opposition to our American Settlement should once break out into Hostilities , the Scots will find some Allies , ancient or new , that will be glad of the opportunity to join with them . Or if , which is most probable , tho' highly impolitick , the English should so far neglect the Scots , as to suffer them to be over-power'd by the French , they may be sure that the Scots , when put to their last shift , can always make an honourable Capitulation with France : It 's not to be doubted , but that Crown would be very willing to renew their ancient Alliance with us ; and besides allowing us a share at least in the Trade of Darien , would on condition of giving them the Possession of New Caledonia , restore us likewise to all our ancient Privileges in France . They would think it a very good purchase if they could secure themselves of that Colony by doing so , granting us what security we could resonably desire for the uninterrupted Injoyment of the Protestant Religion , and a Freedom of Trade to all places of the World where it did not actually interfere with their own Settlements and Colonies . So that if this should be the case , we leave it to our Neighbours to judge what would become of their East and West-India Trade and Plantations , and whether they would not find it difficult to stand out against France and us , now that they have no footing on the Continent , since formerly , when they had so many Provinces of that Kingdom in their possession , they found it a hard matter to do it , and at last lost every foot of their French Dominions : whereas had they been in Union with us , they might certainly have retained them , and by consequence have prevented the great Calamities that Europe hath since groan'd under by the prodigious Increase of the French Monarchy . This we think sufficient to convince those angry Gentlemen in our Neighboring Nation , that are so very much disgusted with our American Settlement , that it is the Interest of England to join with us and support it , and that it may be of dangerous consequence to them either to oppose or neglect us : Whereas by joyning cordially in this matter , they may unite us inseparably to themselves for ever , inrich their own Nation , secure and advance the Protestant Interest , keep the Balance of Europe in their hands , and prevent the returns of its danger , their own expence of Blood and Treasure to save its being threatened with Slavery any more , either by the House of Bourbon or Austria . Therefore we cannot believe after all , but our wise and politick Neighbours will at last see it their Interest to protect and incourage us in this matter , that we may mutually strengthen and support one another against the French , who are loudest in their Clamours against our Settlement , because if incouraged and improved it will defeat all their ambitious and Antichristian Designs ; and thereby we shall also be in a condition to assist the English Plantations in the West-Indies , who as we find by the proceedings of the Earl of Bellamont and the Assemblies of New England and New York , are sufficiently sensible of their danger , from the incroaching temper of the French , which increases every day ; and it is evident , that their new design'd Colony in Mississipi River , looks with a dangerous Aspect upon all the English Plantations in America , and may be more justly esteemed an Incroachment upon Spain , as being in the Bay of Mexico , than our Plantation in Darien : which argues the Humour of that Nation , to make such an Out-cry against the Scots who have invaded no Man's Property , when they themselves are so notoriously guilty of it ; and therefore it would seem to be the Interest of England rather to strengthen themselves by our Friendship , and to look after the French , than to provoke us to look out for other Allies by their opposition and neglect . ANSWER . I am apt to believe , our Caledonian begins to have but a very indifferent Opinion of the success of their New Settlement , and so , like a desperate Gamester , who is reduced to the 〈◊〉 Stake , throws at all ; and is for Sacrificing the ●●rien Settlement , nay their own Religion and 〈◊〉 as well as that of Europe , rather than to 〈…〉 ●hare in it ; For what he says of security to be g●●●n by the French for the Enjoyment of the Prot●●●●nt Religion , are nothing but Chimerical Notions , as indeed are all the rest . For , supposing the French should be so fond of the Possession of Darien ▪ ( which they don't seem to be , as has been dem●●strated before ) it is only a vain Speculation , th●●●●●●eby they would become so Potent , as to become an over-match for England and its Allies , who are so nearly concern'd in its Preservation ; and it is more than probable , that the Scots in such a case would pay the Fidler ; since , considering the Situation of Scotland , its want of good Harbours ▪ and Barrenness in many Places , it would be very difficult for the French to send them any considerable Supplies of Men , or Provisions , when the English and Dutch are Masters of the Channel ; which was the reason that the French never so much as attempted the Relieving of my Lord Dundee , who gave them the fairest opportunity in the World of getting a footing in Scotland , if they had either thought it practicable , or worth their while . But we must go on to see how he winds up the thread of his Arguments . DEFENCE . We shall conclude this matter with one or two more Arguments to prove , That it is the Interest of England to joyn with us in this Affair ; by which also it will appear that there is nothing advanc'd in these Sheets out of any ill Design against the English Nation , or to persuade to a disuniting of the Crowns ; but on the contrary , that a stricter Union is absolutely necessary , that both Nations may have but one Interest , which will render us less liable to Convulsions and intestine Commotions at home , and put us out of danger of being attacked by Enemies from abroad . The first Argument is this ; That by incouraging our Settlement at Darien , English Ships that have occasion to pass by those Coasts will there be certain of a place of Retreat in case of attack either by Enemy or Tempest , without danger of being confiscated by the Spaniards , and having their Men condemn'd to be perpetual Slaves in the Mines . 2. If we be incouraged in our American Colony , it will contribute much to heighten the Consumption of the English Product ; since what we have not of our own , or wherein we are wanting either as to quality or quantity , we shall supply our selves , for the use of our Plantation , in England ; which may be of great benefit to the Northern Counties especially , whence we may conveniently furnish our selves with Beeves for Victualling our Ships , our own Cattel being for the most part too small for that use ; besides many other things that we shall have occasion to export from England for the use of the Plantation , and to maintain a Commerce with the Natives . 3. By joining with us in this Colony , and securing a Post on the South-Sea , which the Princes of Darien will no doubt very readily agree to , they may shorten their Voyages to the East-Indies , and by that means be able to out-do all their Rivals in that Trade ; but if they will be so far wanting to themselves , as to suffer those advantages to fall into the Hands of others who are Enemies to our Religion and common Country , they cannot blame the Scots , who have made them such fair Offers . 4. If after all , the English should continue in their Opposition to us , as their late Proclamations in America , and other Passages would seem to imply they have a mind to , the World cannot blame the Scots to provide for themselves by such other Alliances as they shall think meet ; since the English are so unkind , especially since the Restoration of K. Charles II. to which we did so much contribute , that without our Concurrence it could never have been effected . This will appear to be incontrovertibly true , if we consider that in the time of K. James I. we were under no Restrictions as to matters of Trade more than they , except as to the Exportation of Wool , and a few other Things of English Product ; and so we continu'd till the Restoration , when K. Charles II. and the English did very ungratefully lay such Preclusions and Restrictions upon us contrary to the Laws relating to the Postnati , by the 12 Car. II. For the incouraging and increasing Shipping and Navigation ; and the 15 Car. II. For the Encouragement of Trade ; by which we are put in the same Circumstances as to Traffick with France and Holland , and in a worse Condition than Ireland that is a Conquest ; which is so much the more unreasonable , since we are always involv'd and ingag'd in the Wars betwixt England and other Countries : And those with whom they have most frequent Wars , being Holland and France , the only two Nations with whom the Scots have almost any Commerce , our Trade must of necessity sink during such Wars , whereas England hath still a great Trade to other parts of the World ; and by this means we are forc'd to be sharers in their Troubles , tho' they will not allow us to partake of their Profits , nor suffer us to take any measures to procure such as we may call our own . It is plain from the Instance of Darien , and the Proclamations in the English American Colonies against their Subjects entertaining any Commerce with our Settlement there , that we are in a worse condition than ever ; for when any thing happens wherein the Interest of England seems to be contrary to ours , it is certainly carried against us ; so that in this respect we are in a worse condition than any Foreigners , with relation to England ; for if a foreign People discover any thing that may be of Advantage to them , they are at liberty to pursue it by themselves , or to take in the Assistance of others ; and if they find themselves aggriev'd by England , they have their respective Governments to make Application to for Redress . To let them see that it is their Interest as well as ours it should be so , we shall only desire them to consider how fatal it may be , if by any Emergency we should be forc'd to break off the Union of the Crowns , and enter again into a French Alliance . It 's in vain for them to Object , that in such a case we should betray our Religion ; for we see the persecuted Hungarians were protected in that by the Turks , tho' sworn Enemies to it : Nor is it impossible but there may be a change as to that matter in France ; L. XIV . is not immortal : And even Julian the Apostate himself found it his Interest for some time to protect the Orthodox Christians , whom he mortally hated . But supposing , ( as indeed there 's no great likelihood of it ) that no such Alliance as this should ever happen ; yet however , if these two Nations be not more closely united , it may be of ill Consequence to England if any of their Kings at any time should be so far disgusted as to betake themselves to us : What a Field of Blood and Slaughter must England have become , had we carried off K. Charles I. when he came to our Army , or i● we had join'd him against the Parliament of England ? What great Efforts did a Party of our Nation make to inthrone K. Charles II. when England was against him ? And how did our Concurrence afterwards with General Monk effect it ? How soon did our Espousing the Duke of York's Interest turn the Tables upon those that opposed him in England ? And if our Nation had likewise Espous'd his Cause before the Revolution , the Viscount of Dundee gave a sufficient proof what we could have done for him . This makes it evident , That it is not the Interest of England to slight an Union with us so much as they have done : For so long as we remain divided , any King that is so minded , may make use of us ; and any envious Neighbour , whose Interest it is to keep this Island low , will be sure to blow the Coals . If they 'd but turn the Tables , and make our Case their own , they would quickly be satisfied of the Truth of what we advance . Supposing that the Government of Scotland should traverse the Actings of the Government of England , in relation to their Trade , &c. as they have done ours ; and supposing that a Parliament of Scotland , when the King were there , should question him for the Navigation Act , and that for the Incouragement of Trade in England by King Charles II. which lays us under such hard Circumstances and Restrictions , the English would certainly very much resent it , and speedily tell us we meddled with what did not belong to us : Then why should they deny us the like liberty in reference to their Proceedings against us , seeing we are a free Nation as well as they ? Nor can any thing less than joining with us , and protecting that Settlement against all opposition in case of Attacks by the French , or others , sufficiently atone for what is already done , or heal the Wound those Proclamations have giv'n to the common Interest of the Island . ANSWER . These several Pages are no more than a Repetition of what he has urged before ; with this difference only , that he intermixes them with some bitter and unseemly Expressions , which are altogether insufferable in a private Person and a Subject . He as good as denounces War against England in case the Scots should miscarry , and sounds alarm without any publick Authority . I cannot forbear to take notice of one Passage ; when he says , That if the Scots had carried off K. Charles I. when he came to their Army , what a Field of Slaughter and Blood must England have become ; whereas before , to excuse the Scots for their surrendring the said King , he had told us with a great deal of Confidence , that they were necessitated so to do . What he says concerning their Endeavours to Inthrone King Charles II. is not altogether to be denied ; but he might also have remembred upon what Terms they did it , which is I think a sufficient warning to any King not to relie upon their Gencrosity ; and he might have very well saved himself the trouble of offering the Assistance of the Scots to the English Court , there being no great likelihood , thanks be to God , at this time , that they will have any occasion for them ; or if they should , they would scarce think fit to accept of them . Their Concurrence with General Monk has been spoken off before , as most of all the other Points , which he treats of here ; so that we think it needless to make a Repetition of them here : And so , will take a short View of his Description of Darien . WE come in the next place to give a Description of the Isthmus of Darien . It lies betwixt the 8th and 10th Degrees of Northern Latitude , and in the narrowest place is betwixt 60 and 80 Italian Miles over . We shall not trouble our selves with the Description of any more of it than is in the possession of the Natives , which is in length from E. to W. on the N. side from the mouth of the River Darien to Port Scrivan , above 140 Italian Miles ; from Caret Bay to the River of Cheapo on the Southside , it is about 160 in length . It is supposed to take its Name from the great River of Darien , that bounds its Northern Coast to the Eastward . It is bounded on the North and South with the vast Oceans that carry the names of the North and South Seas . It s Situation is very pleasant and agreeable , and very commodious for a speedy and short Communication of Trade betwixt the North and South Seas , and preventing that vast Compass that must otherwise be fetch'd round either of the Extremes of North and South America . By this means also it lies convenient for a speedier Communication of Trade betwixt Europe and the East Indies than any that hath hitherto been found out . Mr. Dampier says , That from Cheapo , or Santa Maria River , a Man may pass from Sea to Sea in three days , and that the Indians do it in a day and a half . There are abundance of valuable Islands on both sides the Isthmus , which prevent the breaking in of the Ocean upon it at once ; and besides the Conveniences of Wood , Fish , Fowl , and Water , afford good and safe Riding in all Weathers , to any number of Ships , especially those call'd the Sambaloes , that lie along the Northern Coast . The Continent is agreeably intermix'd with ●●ills and Valleys of great variety , for height , depth , and extent . The Vallies are water'd with Rivers , Brooks and Springs , which take their rise from a great ridge of Hills that run along the Isthmus , but nearest to the Northern Shore , from which it is seldom above 15 Miles distant , and from whence the Sambaloes Islands , and the various Makings of the Shore , and the continued Forest all along the Country gratifie the Eye with a very fine prospect . The Rivers on the Northern Coast are generally small , because their Course from the above-mentioned ridge of Hills is but short ; yet the River of Darien is very large , but the depth of its entrance not answerable to its width , yet further in it is deep enough , and hath a good Harbour in Caret Bay which is some Leagues up the River , hath two Islands of pretty high Land , cloath'd with variety of Trees lying before it , and two or three Streams of fresh Water falling into it . From this Bay to the Promontory near Golden Island , the Shore is indifferently fruitful , and the Soil on the Northern Coast is generally good , but swampy here and there to the Sea. To the Westward of the Promontory , at the entrance of the River , is a fine sandy Bay with three Islands , one of them Golden Island lying before it , which make it an extraordinary good Harbour . Golden Island is rocky and steep all round , except at the Landing Place on the South side , so that it is naturally fortifi'd . The Land of the Isthmus over against it to the S. E. is an excellent fruitful Soil . West of this Island lies the largest of the three ▪ being swampy and covered with Maingroves . To the North of these lies the Island of Pines , cover'd with tall Trees fit for any use . From the Point against these Islands for three Leagues Westward ▪ the Shore is guarded by Rocks , so that a Boat cannot Land ; but at the N. W. end of the Rocks there 's ▪ very good Harbour , and good Riding as h●s been said in all Winds , by some or other of those Isl●nds , which with the adjacent Shore make a lovel● L●●dskip off at Sea. The Channel betwixt them and the Isthmus is two three ▪ and four Miles bro●d ●nd Navigable from end to end , and the Ground opposite to them within Land an excelle●t Soil , and a continued Forest of stately Timber-Trees . On the South-side there 's the River Sambo that falls into the Sea by point Garachina . This is a ●●rge River . Then there 's the Gulph of St. Michael , made by the Outlet of several considerable Rivers , as those of Santa Maria and Congo , and the Gold-River , so call'd because of the great plenty of Gold Dust it affords to the Spaniards . The River Congo may be entred at High-water , and affords a good Harbour . The Gulph has several Islands in it , and affords good Riding in many places . The Country on this side , as on the other , is one continued Forest ; and forms a Bay call'd the Bay of Panama , abounding with fine Islands , and affording good Riding for Ships . The Soil of the Inland Country is for the most part a black fruitful Mold . The Weather is much the same as in other places of the Torrid Zone in this Latitude , but inclining to the wet extreme , for two thirds of the year , the Rains beginning in April . The most remarkable of their Trees are the Cotton Tree , which bears a Cod as big as a Nutmeg full of short Wool or Down , and affords Timber for Canoes and Periagoes ; they abound with stately Cedars and Macaw Trees , which bear a Fruit as big as a small Pear , of a tart but not unpleasant Taste ; Bibby Tree , the Wood hard and black as Ink , and being tapp'd ▪ affords a Liquor call'd Bibby , of a pleasant tart taste , which the Indians drink . They have abundance of Plantains set in Walks , which make very delightful Groves , and yield an excellent Fruit , and being green and sappy , are cut down with one stroak of an Ax. They have also plenty of Bonanoes another sort of Plantain , which eats best raw as the Plantain does boil'd . They have great store of that excellent Fruit call'd Pine-Apples , which tastes like a Mixture of all delicious Fruits , and ripens at all times of the year . They have also Prickle-P●ar which is a very good Fruit ; and Sugar-Canes , of which they make no other use but to suck out the Juice . The Maho-Tree , of which they make Ropes , Cables for Ships , and Nets for fishing . The Calabash whose Shells serve for Cups and other occasions , is curiously painted ; the sweet sort of 'em is eatable , and the bitter sort Medicinal . They have also Gourds of the like nature . There 's a Plant they call Silk Grass which resembles our Flags ; this they beat into strings like fine Flax , much stronger than our Flax or Hemp ; of these they make Ropes , Cordage of all sorts , Nets for small Fish ; and the Spaniards and others use it for Shoemakers Thread , Stockings , and a sort of Lace . They have a Tree call'd Lightwood , as large as an Elm , but so light , that a Man may carry a great quantity of it on his back . It is in substance like Cork , and made use of by the Indians for Rafters to go to Sea , or pass Rivers . They have a Tree call'd Whitewood of a finer Grain , and whiter than any European Wood , and fit for inlaying . They have Tamarind , Locust-Tree , Bastard Cinnamon , Bamboes , and Maingrove-Trees in plenty . They have Shrubs that bear store of Pepper of two sorts , call'd Bell Pepper , and Bird-Pepper . Mr. Wafer , to whom we owe this Description , takes notice of a Redwood , whereof there grow great quantities on the Northern Coast ; the Indians make use of it for Dying , and mix a kind of Earth they have with it . It makes a bright glossy lively Red , which no washing can fetch out again . This we suppose to be the Nicaragua Wood. Their Roots are Potatoes , Kams , and Cassava ; of the last of which they make Bread. They have likewise Tobacco , but don't understand the Planting and Manuring of it ; it is not so strong as that of Virginia . Their Beasts are the Peccary , and Waree a kind of wild Hogs , which are very good Meat . They have considerable store of Deer and Rabbits , and great droves of Monkies , which are extraordinary fat and good to Eat . They have an Insect call'd a Soldier , somewhat resembling a Crab , which seeds upon what falls from the Tree , is a delicious Meat , and yeilds an Oil that is an excellent Salve . They have no European Cattle . Their Birds are the Chicaly-Chicaly , which makes a noise somewhat like a Cuccoo , is a large Bird ▪ has Feathers of divers Colours very beautiful and lively , whereof the Natives sometimes make Aprons . This Bird keeps mostly on the Trees , feeds on Fruit , and is pretty good Me●t . The Quam feeds in the same manner , his Wings are dun , his Tail dark ▪ short , and upright . He is much preferable to the other for Meat . There 's a Russ●t colour'd Bird , resembling a Partridge , runs most on the ground , and is excellent Meat . The Corosou is a large Fowl as big as a Turky , and of a black colour . The Cock has a fine Crown of yellow Feathers on his Head , and Gills like a Turky . They live on Trees , and eat Fruit. They sing very delightfully , and are so well imitated by the Indians , that they discover their haunts by it . They are very good Meat , but their Bones make the Dogs run mad , and are therefore hid from them by the Indians . They have abundance of Parrots , for size and shape much like those of Jamaica , they are very good Meat . Their Parakites are most of them green , and go in large Flights by themselves . They have Macaw Birds which are as big again as Parrots ▪ and resemble them in shape . They have a Bill like a Hawk , and a bushy Tail , with 2 or 3 long stragling Feathers , either red or blue ; but those of the Body are of a lovely blue , green and red . The Indians tame those Birds and them to speak : and then letting them go into the Woods amongst the wild ones , they will return of their own accord to the Houses . They exactly imitate the Voices and Singing of the Indians , and call the Chicaly in its own Note . It is one of the pleasantest Birds in the World and its flesh sweet and well tasted . They have also W●odpeckers which are p●ed like our Magpies , and have long Claws that they climb up Trees with they are not pleasant to E●t . They have plenty of Dunghil fowl resembling those of E●●●pe and their Flesh and Eggs as well tasted as ours . About the Sambaloes the● h●ve great store of Sea-fowl , and particularly Pelicans which are large Birds , having Legs and Feet like a Goose and a Neck like a Swan , the Feathers are grey . It has a Bag under its Throat , which when fill'd is as large as a Man's two Fists ; and when dry , will hold a pound of Tobacco ; they feed upon Fish and the young ones are good Meat . They have also Cormorants resembling Ducks for size and shape , are of a black Colour , have a white spot on the Breast , and pitch sometimes on Trees and Shrubs by the water side . They are too rank to be eaten . They have abundance of Sea-Gulls and Pies , which are pretty good meat , but eat fishy , which is cur'd by burying 'em 8 or 10 hours in the Sand with their Feathers on . They have flying Insects too , and among others Bees , which form their Hives on Trees , and it 's observ'd , That they never sting any body : The Natives mix the Honey with Water , and so drink it , but know not the use of the Wax . They have shining Flies , which in the night time resemble Glow-worms . Their Fish are the Tarpom , which eats like Salmon ; some of 'em weigh 50 or 60 pound : They afford good Oil. They have Sharks , and another Fish that resembles a S●ark ▪ but much better Meat . The C●vally is much of the size of a Maccarel , and very good Meat . They have a Fish call'd Old Wives , which is also very good to Eat . Their Paracoods are as large as a well-grown Pike , and very good Meat ; but in some particular places poisonous , which are distinguished by the Liver . Their Gar-Fish is good Meat , they have a long Bone on their Snout , with which they will sometimes pierce the side of a Canoe . They have also Sculpins , a prickly Fish , which when strip'd , is very good Meat . They have likewise String rays , Parrotfish , Snooks , Conger-Eels , Conchs . Periwinkles , Limpits , Sea-Crabs , and Craw Fish ▪ and other sorts whose Names we know not , that Eat very well . The Inhabitants are most numerous on the North of the Ist●●us ; the Men usually 5 or 6 foot high , streight , clean limb'd , big-bon'd , handsomely shap'd , nimble , active , and run well . The Women are short and thick , and not so lively as the Men ; the young Women plump , well-shap'd , and have a brisk Eye : Both Sexes have a round Visage , short bottle Noses , large and grey Eyes , high Forehead , white even Teeth , thin Lips , pretty large Mouths , well proportion'd Cheeks and Chins , and in general , handsome ; but the Men exceed the Women . Both Sexes have streight long lank black Hair , which they generally wear down to the middle of their Back . All other Hair but that of their Eye-brows and Eye-lids they pull up by the Roots , cut off the Hair of their Heads , and paint themselves black by way of Triumph , when they kill a Spaniard . Their natural Complexion is a Copper colour , and their Eye-brows black as Jet . There are some among them of both Sexes , which bear the proportion of 2 or 3 to a hundred , who are milk white , and have all their Bodies cover'd over with a milk white Down ; their Hair is of the same Colour , and very fine , about 6 or 8 Inches long , and inclining to curl . They are less in Stature than the other Indians , and their Eye-lids point downwards in form of a Crescent ; they don't see well in the Sun , their Eyes being weak and running with Water if the Sun shine upon them , therefore they are call'd Moon-eye'd . They are weak and sluggish in the day time , but in Moon-shiny nights all life and activity , and run as fast through the Woods by night , as the other Indians do by day : They are not so much respected as the other Indians , but look'd upon as monstrous . The Natives go naked both Men and Women , only the Men have a thing like an Extinguisher of silver or gold Plate tied round their middle to cover their Yard , and the Women tie a piece of Cloth before them , which comes as low as their Knee ; but they use none of those Precautions till they come to the years of Puberty ; the Men that have not those Extinguishers , make use of a piece of a Plantain-Leaf of a Conick Figure . They are in general , a modest and cleanly People , and have a value for Cloths if they had them . The better sort have long Cotton Garments shap'd like Carmens Frocks , which they use on solemn Occasions , as attending the King or Chief , &c. For an Ornament to the Face , besides their general painting and daubing , the Men wear a piece of Plate hanging over their Mouths , and the Chief of them have it of Gold. It is of an Oval Form , and gently pinching the Bridle of the Nose with its points , hangs dangling from thence as low as the under Lip ; and instead of this the Women wear a Ring through the Bridle of the Nose : They lay them aside at their Feasts . They likewise wear Chains of Teeth , Shells , Beads , or the like ; the heavier they be , they reckon them the more Ornamental . Their Houses lie mostly scattering , and always by a River ▪ side , but in some places they are so many as to form a Town or Village . Their Walls are made up of Sticks , and daub'd over with Earth : The Fire is in the middle of the House , and the Smoke goes out at a Hole in the Roof : They are not divided into Stories or Rooms , but into Hovels ; every one has a Hammock for a Bed in one of those Hovels . They have no Doors , Shelves , or Seats , other than Logs of Wood. Every Neighbourhood has a Warr-house of 130 foot long , the Sides and Ends full of Holes , whence they shoot their Arrows on the approach of the Spaniards . In their Plantations they set so much Plaintain , Maiz , &c. as serves their occasions : They likewise make Drink of Maiz , which they ferment by Grains of the same chewed in their Mouths : They have also another sort of Drink , which they make of Plantains . Most of the Drudgery is perform'd by the Women with great cheerfulness , being very well condition'd , and dutiful to their Husbands , who are otherwise very indulgent to them , and their Children . The Women wash the Mother and Child in a River within an hou● after Delivery . The Boys are bred to the Bow , Hunting , and Fishing , &c. at which they are mighty dexterous ; and th● Girls help the Women in dressing their Victuals , Weaving , making Cotton Cloth , Cordage , Nets , &c. and the Men make Baskets very neat , dying the Materials first with lively Colours ▪ They allow Poligamy , but punish Adultery with the Death of both Parties : They punish Theft also with Death ; and Fornication with thrusting a Briar up the Man's Yard , whereof they commonly Die. The Facts must be prov'd by Oath , which is a swearing by their Tooth . When they Marry , the Father or nearest Kinsman keeps the Bride privately in his own Apartments the first seven Nights , and then she is deliver'd to her Husband : All the Neighbours for some Miles round are invited to a great Feast , and bring Provisions with them : The Fathers of the young Couple bring them forth in their hands , and the Bridegroom's Father makes a Spcech ; then he dances about in antick Gestures till all on a sweat , when he kneels down , and gives his Son to the Bride , her Father also having danc'd himself into a Sweat , and presenting her to the Bridegroom in the same manner ; then they take each other by the hand , and so the Ceremony concludes . After this all the Men take up their Axes , and run shouting to a Tract of Wood-Land , to prepare a Plantation for the new Couple . That being done , They have their Feast , and afterwards drink hard , all their Arms being first put out of the way , to prevent Danger in case of quarrelling . They divert themselves by Dancing , and Piping on a small hollow Bamboe , but without distinction of Notes : The Men and Women never Dance nor Feast together , but apart . The Women accompany them likewise in their hunting Expeditions , which sometimes last 20 days : They tie their Hammocks betwixt two Trees cover them with Plaintain Leaves , and have Fires all night by their Hammocks : Such of their Prey as they take a ●unting , and design to keep for future use , they barbecue in the Woods ; and what they make use of for present Sustenance , they mix with Roots Plantain ▪ Bonanoes , and Pepper , and stew it together till it be brought to a Pulp ; which they take up with the two foremost Fingers of their right Hand bent hookwise , and put into their Mouths . They travel by direction of the Sun , or the bending of the Trees , according as the Wind is . None of the English Authors take notice of their Worship or Religion , but give an account that they Pawaw , or Consult the Devil to know Futurities : And it would seem they are as ignorant in matters of Physick and Chirurgery , since when they would let a Patient Blood , they set him upon the Bank of a River , and with a little Bow , and small Arrow , gag'd that it may enter no further than our Lancets , they shoot as fast as they can at all parts of the Patient's Body ; and if they chance to hit on a Vein , that the Blood spurts out a little , they testifie their Joy by Antick Dances . WE come next to give an Account of their Settlement of our Men there ; how they were receiv'd by the Natives ; what Indian Princes there are in their Neighbourhood ; in what state they found the Affairs of the Country ; and of the Situation of our Colony . On the 27th of October 1698. our Ships came to an Anchor in a fair sandy Bay , three Leagues W. off the Gulph of Darien ; upon which , two Canoes , with several Indians came on board , were very free with our Men , told them they had been long expected , and were very welcome : Our Men gave them some old Hats , Looking glasses , and Knives , with which they were extremely well pleas'd , and went off . When our Ships stood further into the Bay , they saw about 20 Indians drawn up on the Shore , being arm'd with Bows and Lances ; upon which a Boat being sent ashoar , and making a signal of Peace , they unstruug their Bows , talk'd familiarly , and told our Men , that two Great Captains would in a little time come on board our Ships . Accordingly , on November the 2d , in the morning , Captain Andreas , one of their Princes , accompanied by 12 Men , came on board , and ask'd their Business : He was answered , That we came to live among them , and Trade with them , and would afford them European Commodities cheaper than any other People . He ask'd if we were Friends or Enemies to the Spaniards ; and was answered , that we were at Peace with all Men , and would make War upon no Man , except they injur'd us . He took us for Buccaneers , and told us , He knew Captain Swan and Captain Davis in the South-Sea , and commended them as Men of Valour . We heard that part of his Discourse with much Coldness , and told him we came on no such design as those Men did , but had Authority for what we undertook . We treated him civilly , gave him a Hat lac'd with Gold , and some Toys : And so he parted , promising in a little time to come again ; which he accordingly did , and brought Don Pedro , another of their Princes or Captains , with him . Captain Andreas was freer with us than at first , plainly own'd that he took us for Buccaneers , and complain'd that some Englishmen of that sort had after great pretences of Friendship , carried off some of their People ; and therefore Don Pedro would not come aboard us till he had further assurance of us . Captain Andreas is a Person of a small stature ; he affects the Spanish Gravity , as having been often among them at the Mines of Santa Maria , Panama , &c. and formerly had a Commission under them as a Captain , upon which he values himself above others : The French hate him mortally , because of something he did against some of their Nation formerly . When he came on board us , he had a sort of a Coat of red loose Stuff , an old Hat , a pair of Drawers , but no Stockings nor Shoes ; and the rest that came with him were all naked , excepting their Penis , which was covered by Extinguishers , as formerly mention'd . Upon further Communing , Captain Andreas was very well pleas'd with us , offered us what part of the Country we would chuse , and accepted a Commission from us ; and at the same time we gave him a Basket-hilted Sword , and a pair of Pistols ; upon which he promised to defend us to the last of his Blood. Some of the Princes on this side the Isthmus had been in Peace with the Spaniards for several years , and suffered a few of them to reside amongst them , to give notice to Panama of what Ships came upon these Coasts ; but upon some fresh disgust , about two months before we arriv'd , Captain Ambrosio , who is the most noted Prince amongst 'em , had oblig'd them to enter into a common Alliance against Spain , and cut off ten Spaniards , who liv'd upon Golden Island . The Place where we are settled is four miles East of Golden Island , within a great Bay. We have an excellent Harbour , surrounded with high Mountains , capable of holding a thousand Sail Land-lock'd , and safe from all Winds and Tempests . The Mouth of the Harbour is about random Cannon-shot over , form'd by a Peninsula on the one side , and a point of Land on the other . In the middle of the Entrance there is a Rock three foot above Water , upon which the Sea breaks most terribly when the Wind blows hard ; and within the Points there is a small Rock that lies a little under Water . On both sides these Rocks there 's a very good wide Channel for Ships to come in : That on the South-side is 3 Cables long , and 7 Fathom deep ; and that on the North two Cables long . From the two outermost points the Harbour runs away East a Mile and an half ; and near the middle , on the right hand , a point of Land shoots out into the Bay ; so that by raising Forts on the said Point , on the Rock in the middle of the Entrance , and the two outer-most Points , it will be the strongest Harbour , both by Art and Nature , that 's in the known World. The Bay within is for the most part 6 Fathom Water , and till you come within a Cable's length of the Shoar , three Fathom and an half : So that a Key may be built , to which great Ships may lay their Sides , and unload . The Peninsula lies on the Left-Hand , is a mile and a half in length , very steep , and high towards the Sea : So that it would be very difficult for any body to Land , till you come to the Isthmus , where there 's a small sandy Bay that little Ships may put into , but is easie to be secured by a Ditch and a Fort. There are several little Rivers of very good Water that fall into the Bay ; and it abounds so with excellent Fish , that we can with ease take more than it 's possible for us to destroy , having sometimes caught 140 at a Draught : Amongst others there be Tortoises , which are excellent Meat , and some of them above 600 weight . The Peninsula was never inhabited , and is cover'd all over with Trees of various sorts ; as stately Ced●rs , Brasil-wood , Lignum Vitae , Box-Wood , Fustick-wood , Yellow Sanders , Manshinel , &c. and the like sorts , besides others whose Names we know not , grow on the Continent ; and we doubt not of finding out the Nicaragua-Wood : We have found Cabbage-Trees , the Fruit of which eats like Colly-Flowers . The Natives have no Plantation within two Miles of us . We have a Watch-Tower upon an high Hill adjoining to our Plantation , about a Mile South of the Bay ; from whence we can see the Ships in the Bay , the Fort we have raised on the Bay , and as far as the Mouth of the River Darien : We can see above 30 miles Southward , and have a fine Prospect of Golden Island , and the Isl● of Pines , Westward towards Porto-Bello , and Northward towards Jamaica . The Hill is about a Mile in height ; so that we can see any Ships before they come within some Leagues of the Harbour . We compute our selves to be about 50 Leagues North of Carthagena , and as much South of Porto-Bello . The Four Indian Kings or Captains on this Coast visit us frequently in their Canoes ; and the Natives are very kind to us , and sell us Plaintains , Fowls &c. for Toys or old Shifts . A Frenchman , who hath Married one of the Natives , informs us , That the Spaniards have Silver and Mines on the Isthmus , which we might make our selves Masters of with a 100 Men ; so that if they commit Hostilities upon us , as we hear they threaten to do , it 's not unlikely that we may visit them . We found some French Refugees in the Country , who are willing to settle under us ; and having been several years in these Parts , and understanding the Language of the Natives , are very useful to us . We have seen some Sand in the Rivers , which looks as if it were mixt with Gold , and in some places the Earth seems to be very much mixt with it : So that it 's concluded there 's more Gold-Dust here , than in any part of Guinea . The Indian Princes or Captains on this Coast do somewhat resemble our Heads of Clans in Scotland ; and by their Converse at times with the Spaniards , and other European Nations , affect Christian Names . The first of these Princes we shall name is Captain Diego ; he commands from the bottom of the Gulph of Orba on this side Caret Bay , and has 3000 Men under him ; he has been at War with the Spaniards several years , occasion'd by an Insult his People had receiv'd from them , when they came to demand their share in the Mines which they had discover'd to the Spaniards in their Country , on condition of being Partners with them : But when they came to demand it , the Spaniards treated them villanously ; beat and abus'd them ; upon which they attack'd the Spaniards , cut off 20 of their Men , and three Priests that belong'd to the Mines . The next is Captain Pousigo . He is an Indian Clergy-man , and Brother-in-Law to Captain Andreas . The Peninsula that we possess , lies betwixt his Territory and that of Captain Andreas , who together with his Brother , commands from Golden Island to the River Pinas . Their Command is greater than that of Pousigo , but not so great as that of Diego . These Princes are very useful to us , because of their Neighbourhood and Consanguinity to one another . Captain Ambrosio commands from the River Pinas to the Samballoes : He is a Man of about 60 years of Age , but strong and vigorous , well limb'd , and of a stern Countenance : He is a mortal Enemy to the Spaniards , with whom he hath had a long War : He is esteemed the bravest of all the Indian Captains . His Son-in-Law Don Pedro having been taken by the Spaniards , and kept by them as a Slave at Panama , he can never forget nor forgive it them : This young Man is a great Friend to the French , who they are made to believe design to come and settle among them . Ambrosio and his Son-in-Law prest us much to come and settle in their Dominions , and join with them to make War on the Spaniards : We gave them fair Words , and promis'd to come and view their Coasts , which we accordingly did ; and in our way thither , four Leagues Westward of our Settlement , we found an excellent Harbour , capable of 10000 Sail ; but it can't be defended without many Forts : Here the Privateers us'd to come and careen . Captain Ambrosio's House lies about a League from the Water-side , on the Bank of a River , having twelve lesser Houses about it : When we drew near it , he advanced 50 Paces to meet us , being attended by 20 Men in white loose Frocks with Fringes round the bottom , and arm'd with Lances : He saluted us kindly , and gave us a Calabash of Liquor almost like Lambs-wool , made of Indian Corn and Potatoes . His House is 90 foot long , 35 broad , and 30 in height , curiously thatch'd with Palmetto-Royal , and over that Cotton-Leaves . The Floor is of firm Earth like Tarras , very smooth and clean . The sides are compos'd of large Canes , as thick as a Man's Leg. In this House live Ambrosio and his Son-in-Law Don Pedro , with both their Families , consisting of about 40 Persons . We saw Ambrosio's Grandmother there , who is 120 years old , and yet was very active in getting things ready for an Entertainment . She has six Generations descended from her now in the House with her . The People live here to 150 and 160 years of Age ; but those that converse much with Europeans , and drink strong Drink don't live so long . From the Samballoes to the River of Conception , the Country is commanded by one Corbet , who is altogether in the French Interest , he having contracted a Friendship with their Priveteers 7 years ago , and done them many good Offices . They promised to reward him if he would go to Petit Guaves , and in his way thither he was taken by an English Privateer and carried to Jamaica , whence the Governor of Petit Guaves got him releas'd . He was with Ponti at the taking of Carthagena , and has a Commission from the French to be General of all the French and Indian Forces on that Coast , and to take , sink , and destroy Spaniards or any other Enemies . Yet the French themselves , and the sensible part of the Indians , don't put any confidence in him ; and Ambrosio , who is the bravest of all those Indian Captains , keeps him in Awe and within Bounds . Next to Corbet , there 's another of their Captains call'd Nicola , who is said to be a wise , brave and good natur'd Prince ; insomuch that the Indians had a mind to have set him up instead of Ambrosio , who is of a rugged military Temper . But Ambrosio's Authority and Power is so great , that they did not find it practicable . Nicola is a mortal Enemy to the Spaniards , and can never entertain a good thought of them , since the Governor of Porto-Bello robb'd him of a curious Fusee that had been presented him by some of the Buccaneers ; and being out of order , he sent it thither to be mended ; upon which the Governour taking a liking to it , kept it to himself , and sent Nicola another sorry piece instead of it . Since we came hither , there have been an English , a Dutch , and a French Ship in our Bay. The English Ship was Captain Long in the Rupert Prize ; He had been in the Gulf of O●ba , but he himself and his Men own'd , that they had not then been ashore there . He hath some way or other disoblig'd the Captains Ambrosio and Diego . Tho' we treated him with all possible Civility , yet we are since inform'd that he hath been a days Journey into the Gulf , and endeavour'd to incense the Indians against us , telling them that we were Privateers , and that the King of England would not protect us . He left some Men in the Bay , who had since kill'd some Spaniards , and came to us for Arms and Ammunition , but we told them , we could not grant them any , and that they had done what they could not justifie . We gave them however what was necessary for sitting up a Boat ; and as a Reward , they intic'd away the Carpenter and Mate of one of our Ships call'd the Vnicorn . The Dutch Ship that came hither was afraid of the Spanish Barl●vento Fleet , and put in here for Protection , that Fleet having made Prize of another Dutch Ship of 32 Guns ▪ and of two English Sloops for Trading on those Coasts . The French Ship that put in here , was that which was order'd to carry back the Church Plate , &c. to Carthagena , did afterwards bulge on a Rock , and was cast away in our Harbour . We sav'd all their lives , and Captain Pincarton our Commodore endanger'd his own life to save that of the French Captain . He inform'd us , That the French had four Men of War of 50 Guns each , who thinking we had a Design on the River Mississipi , were gone to the Gulf of Mexico in quest of us . The French have been very industrious in cultivating their Interest , both with the Natives and Spaniards in this part of America , and doubt not of having a good share in those Countries after the King of Spain's Death . They have got a great Interest with Captain Ambrosio by means of his Son-in-Law Don Pedro , whom they caress extreamly , and design'd to have carried him to Petit Guavus , and from thence into France , to acquaint the French King with the favourable Sentiments the Indians have entertain'd of the French , and of their design to surrender themselves to his Majesty . This has been projected by the French a long time , but the King of Spain's Indisposition ▪ and their Pretensions to that Crown , made them refer it : and there 's no doubt but our Settlement will quicken those Resolutions . Captain Andreas , Captain Pedro his Brother , Captain Diego , and Captain Pousigo our Neighbours have no manner of Correspondence with the French. The latter hath acquainted us that there are several Gold Mines within two Miles of our Settlement which he hath promis'd to shew us ; and he hath actually let us see several Samples of fine Gold. This being the Substance of several Journals that were sent from our Colony in Darien upon their first Settlement there , we hope it 's sufficient of it self to satisfie our Neighbours in England of the Justice of our Cause , of the Equity of our Proceedings , of the true Reason why the French are so much our Enemies in this matter , of the greatness of the Providence that has put us in possession of that Post , and that it is England's Interest to joyn with and protect us , by which the Designs of the French against Europe in general ▪ and Great Britain in particular , may be defeated ▪ and the English West-India Trade secur'd . But since by the Proclamations before ▪ men●●on'd ▪ our Ships may be in danger of being attack'd by other Nations as Pirates , and our Colony discountenanc'd , and oppos'd on that Account by the Natives ; there 's no reason that our Neighbours should think strange if we complain of that unkind usage , and endeavour to lay before them what may probably be the Consequences of such Proceedings ▪ without being construed either to threaten or to wish that any such things should happen : ●t being evident that by offering to admit the English as Joint-sharers in our Trade , we entertain no Sentiments but what are friendly towards that Nation , being satisfied that all those who wish well to the Protestant Religion and true Liberty , are Enemies to any thing that may occasion a Breach of the Union and good Understanding betwixt us . Yet it must be own'd , that we have but too great reason to complain of the Hardships we suffer , which it is in the power of England to remedy , by complying with the gracious Proposals of Uniting the Nations , repeated in Parliament by His Majesty , who like a true Father of His Country , has expos'd himself to the greatest of Dangers to procure the Welfare and Peace of His Subjects , by which He has made an absolute Conquest of the Hearts of all good Men , who are unanimous to join in the like Prayer for him , that the Israelites of old put up for their Kings , viz. That he may live for ever . FINIS . 
A46587	----	A proclamation requiring all heretors and free-holders, and militia of the Kingdom of Scotland to be in a readiness to come out in their best arms and provided (upon advertisement) for His Majesties service England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A46587 Wing J368C ESTC R21393 12567277 ocm 12567277 63365 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46587) Transcribed from: (Early English Books Online ; image set 63365) Images scanned from microfilm: (Early English books, 1641-1700 ; 962:9 or 1339:37) A proclamation requiring all heretors and free-holders, and militia of the Kingdom of Scotland to be in a readiness to come out in their best arms and provided (upon advertisement) for His Majesties service England and Wales. Sovereign (1685-1688 : James II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ... ; by George Croom ..., Edinburgh : reprinted at London : 1685. Reproductions of originals in the Henry E. Huntington Library and Art Gallery and Bodleian Library. Broadside. At end of text:" Given under our signet at Edinburgh, the eleventh day of May, 1685." Signed: Col. Mackenzie. Item at reel 962:9 identified as Wing J368C (number cancelled). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Scotland -- Militia -- Government policy -- Sources. Broadsides 2007-11 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-02 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT A PROCLAMATION Requiring all the Heretors and Free-holders , and Militia of the Kingdom of Scotland to be in a readiness to come out in their best Arms and provided ( upon Advertisement ) for His Majesties Service . JAMES , by the Grace of God King of Great-Britain , France and Ireland , Defender of the Faith ; To Mac●rs of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as we being resolved that in the present exigence of Affairs , all Our Subjects , and particularly Heretors and Free-holders , and Our Militia , should be in a readiness , in Defence of Us and Our Government , Do therefore , with Advice of Our Privy Coucil , hereby peremptorily Require and Command all Heretors and Freeholders within this Our Realm , above one hundred pounds Scots valued yearly Rent , to be in a Readiness , sufficiently Armed and Provided to come out on Horse-back , with their Followers and Servants , and with twenty Dayes Provision , to attènd Our Army , on twenty four hours Advertisement , and to March and obey such Orders as they shall recieve from Our Council , or one of Our general Officers , and herein they are not to fail , as they will Answer at their highest Peril , And under the Pains and Certifications appointed by the Laws of this Kingdom , against Absents from Our Host : and that neither the said Heretors and Free-holders , nor these concerned in the Out-reik of Our Militia , may pretend excuse , either as to the want of Arms or Amunition or such Warlike Provisions , We hereby allow them to be readily furnished therewith , forth of the Magazine of Our Castle of Edinburgh , and Our other Magazines , at the ordinary Rates ; Declaring , that all such as shall not be sufficiently Armed and provided as said is , that they shall be holden and repute as Absents from Our Host , and be proceeded against and punished accordingly ; And We , but prejudice of the generality aforesaid , being resolved that the Hereitors and Free-holders of the Shiers under-written , in place of the Militia Horse should come out , under the Command of the persons following , viz. These of the Shires of Rosi , Southerland and Caithness , under the Command of the Earl of Caithness ; These of the Earl of Seafort , and Lovats part of Inverness Shire , under the Command of the Lord Lovat's Tutors or Factors : These of the Shires of Elgine , Nairn , and the other part of Inverness Shire , under the Command of the Lord ●●…sus : These of the Shire of Aberdene , no● being Marisehals part , and the Shire of Ramff , under the Command of the Duke of Gordon : These of the Shire of Kinnardin and Marischals part of Aberdene , under the Command of the Earl of Kintor , or the Lord Inverary his Son : These of the Shire of Perth under the Command of the Lord Marquess of Athol , Lord Privy-Seal , ( who is also conform to a Commission of Lieutenency , for the Shires of Argile , and Tarbot , under Our Royal Hand , Dated at White-hall the fourth Instant , to Call out all the sencible Men in the Shires of Perth , Argile and Tarbot , to his assistance , in prosecution thereof : ) These of the Shire of Forfar , under the Command of the Earl of Southesk , or the Lord Carnagy his Son : These of the Shires of Fife and Kinrosse , under the Command of Sir Charles Halket of Pitsirrin : These of the Shires of Stirling and Clackmannan , under the Command of William Livingston , of Kilsyth : These of the Shire of Roxburgh , under the Command of the Earl of Lotham : These of the Shire of Linlithgow , under the Command of the Earl of Linlithgow : These of the Shire of Peebles , under the Command of the Laird of Drumelzier : These of the Shire of Mid-Lothian , under the Command of the Earl of Lauderdale : These of the Shire of East-Lothian under the Command of the Lord Yester : And these of the Shire of Berwick , under the Command of the Laird of Langtoun Elder : As also , that the Militia Regiments of Foot , of the Shires under-written , should come out under the Command of their Collonels Respective , viz. The Militia Regiment of the Shire of Forfar , under the Cammand of the Earl of Strathmore : That Malitia Regiment of the Shire of Perth , belonging to the Lord Chancellor , under the Command of his Lieutenant Collonel : These of the Shires of Stirling and Clackmannan , under Command of the Lord Elphingstoun : The Militia Regiments of the Shires of Linlithgow and Peebles , under Command of the Duke Hamilton : The Malitia Regiment of the Shire of Berwick , under the Command of the Earl of Home : The Militia Regiment of the Shire of Mid-Lothian , under the Command of the Lord Collingtoun : The Militia Regiment of the Shire of East-Lothian , under the Command of the Earl of Wintoun : And the Regiment of the Town of Edinburgh , under the Command of the Lord Provost of Edinburgh . We hereby require and Command the said Heretors and Free-holders , and Malitia Regiments forsaid , to be in a readiness to Rendezvous , or March as they shall be Required by their said Commanders , or Collonels respective , The Militia being to Rendezvouz at the ordinary place for the first Diet upon the nineteenth of May instant , and the Heretors and Free-holders , as shall be appointed by their Commanders , they being alwayes Armed and provided in manner , and under Cirtifications above-written . And that this our Pleasure may be known : Our Will is , and We Charge you strictly and Command , that incontinent , these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and all other Mercat Crosses of the Head Burghs of the Shires of this Kingdom , and other places needful , and there by open Proclamation , in Our Name and Authority , make publication of the Premisses , that all persons concerned may have notice thereof , and give due and exact Obedience thereto . Given under our Signet at Edinburgh , the eleventh day of May , 1685 . And of Our Reign , the first year . Per actum Dominorum Secreti Concilij . COL . MACKENZIE , Cls. Sti. Concilij . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to the Kings most Sacred Majesty , Anno DOM. 1685. And Reprinted at London , by George Croom , at the Sign of the Blue-Ball in Thames-street , over against Baynard's-Castle . 
A49575	----	Scotland against popery being a particular account of the late revolutions in Edenborough, and other parts of that kingdom, the defacing popish chappels, and palace of Holy-Rood-House; the levelling to the ground of the chancellor's chappel and house, &c. and all other popish chappels; with the opposition, which occasioned the loss of five hundred men on each side; with the Duke of Gourdon's seizing the Castle of Edenborough for the papist interest, and the protestant nobility and citizens beseiging it. In a letter from a merchant in Edenburgh, to his friend in London. 1688 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A49575 Wing L42A Wing S2013A ESTC R179224 99827871 99827871 32294 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A49575) Transcribed from: (Early English Books Online ; image set 32294) Images scanned from microfilm: (Early English books, 1641-1700 ; 1852:25; 1939:6) Scotland against popery being a particular account of the late revolutions in Edenborough, and other parts of that kingdom, the defacing popish chappels, and palace of Holy-Rood-House; the levelling to the ground of the chancellor's chappel and house, &c. and all other popish chappels; with the opposition, which occasioned the loss of five hundred men on each side; with the Duke of Gourdon's seizing the Castle of Edenborough for the papist interest, and the protestant nobility and citizens beseiging it. In a letter from a merchant in Edenburgh, to his friend in London. L. L., attributed name. aut 1 sheet ([1] p.) s.n., [London : 1688] Attributed by Wing to L.L. An account of events occurring in March, 1688; Wing has publication dates: [1680] (L42A) and [1689] (S2013A). Copy filmed at the Henry E. Huntington Library and Art Gallery closely trimmed with some loss of text at foot. Reproductions of the originals in the Lincoln's Inn Library, London (reel 1852) and the Henry E. Huntington Library and Art Gallery (reel 1939). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Edinburgh (Scotland) -- History -- Early works to 1800. Scotland -- History -- Revolution of 1688 -- Early works to 1800. 2007-12 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Scotland against Popery , Being a particular Account of the late Revolutions in Edenborough , and other parts of that Kingdom , the defacing Popish Chappels , and Palace of Holy-Rood-House ; the Levelling to the Ground the Chancellor's Chappel and House , &c. and all other Popish Chappels ; with the Opposition , which occasioned the loss of Five Hundred Men on each side ; with the Duke of Gourdon's seizing the Castle of Edenborough for the Papist Interest , and the Protestant Nobility and Citizens Besieging it . In a Letter from a Merchant in Edenburgh , to his Friend in London . NO sooner had the News of the Kings Private Departure Arriv'd at the City of Edenburgh , but all Parties look'd on the general Settlement of the Kingdom , to be so far shaken , that it was high time for each of them to make an early Provision for their future Security : But the Prince of Orange's speedy Advance to London , being once Publish'd , the Papists began to look on their Cause as wholly desperate , if not already undone ; nor were they in the least mistaken ; for as if the Signal had been generally , though privately , given the Rabble from all Parts immediately gather together ; and first , declaring for the Protestant Religion in general , next for the Prince of Orange , they lastly resolve unanimously to take this Opportunity of rooting both Popery and Papists out of the City and Kingdom , protesting with Oaths they would no longer suffer under the apprehension of that Slavery which they had long since , to their Sorrow , seen growing too fast upon them : Whereupon , after many Shouts , being Arm'd , some with Clubs , some with Swords , and others , to a great number , with Pistols , Carbines , and Muskets , they Marcht directly to Holy Rood-House , where , after some Violences offer'd to the Out-parts ; the Governor , who Commanded there at that time , one Captain Wallis , a Roman Catholick , came upon them with his Guards , without either demand of the meaning of their Assembly , or the least admonishment to desist , he Fires upon them , and Kills several of them ; the Multitude being much more Enraged than Allay'd , by this Proceeding , run with fierceness and resolution on the Guard , slaying and wounding every Man , not without the Loss of abundance of their Own , tho' the Council then sitting had sent to the Captain to forbear on any Account to come to extremities with the Rabble , well imagining , and fearing the consequences likely to ensue ; but he , as is suppos'd being too Zealous in his own Cause , and relying on his little Authority , presum'd rather to endanger the Safety , or Peace of the Kingdom , than submit to a present Necessity ; for which he dearly paid , being himself , as was suppos'd , Mortally Wounded , and his Company quite Overthrown : The Multitude , in the mean time , remaining Victorious , march'd with loud Huzza's to the Lord Chancellor's House , which they in a moment pull'd down to the Ground , not sparing both Reproaches and Wounds on his Person ; some reproaching him with his Designs to Betray his Country to Popery and Slavery , others casting in his Teeth private Injuries , and all reviling him as a base , malicious , and unjust Man : By this time the Council and Lord Preast , had order'd the Militia to endeavor the Suppressing these Irregularities , who , upon their first Approach us'd fair Words and Entreaties , but that not prevailing ( the Rabble being extreamly exasperated for the loss of their Fellows ) they were forc'd to be rough , tho' before they could be dispers'd , there were above Five Hundred of both sides Kill'd : The Duke of Gourdon , in this juncture , thought it the safest way to retire into the Castle , and has declar'd his resolution to defend and keep it against any Opposition whatsoever : What the result will be is uncertain , tho' the better part of the Nobility and Gentry , and all the Commonalty in general , have declar'd their resolution to stand by the Prince of Orange , in Defence of the Protestant Religion , as by Law Established : The said Prince's Declaration ( for restoring the Religion , Laws , and Liberties of Scotland to their Ancient Grandure ) having bin publickly read in Edinburgh , and several other parts of Scotland , with Acclamations of Joy. The general expectation , at this present Writing , is the Affair of the Duke of Gourdon , ( who , if he persists in keeping Possession of the Castle , ) you may expect a particular Account in my Next , of the Siege of that Important ( I had almost said Impregnable ) Fortress . SIR , Your ready Friend , and humble Servant . 
A30478	----	A vindication of the authority, constitution, and laws of the church and state of Scotland in four conferences, wherein the answer to the dialogues betwixt the Conformist and Non-conformist is examined / by Gilbert Burnet ... Burnet, Gilbert, 1643-1715. 1673 Approx. 500 KB of XML-encoded text transcribed from 180 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A30478 Wing B5938 ESTC R32528 12711648 ocm 12711648 66109 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A30478) Transcribed from: (Early English Books Online ; image set 66109) Images scanned from microfilm: (Early English books, 1641-1700 ; 1032:1) A vindication of the authority, constitution, and laws of the church and state of Scotland in four conferences, wherein the answer to the dialogues betwixt the Conformist and Non-conformist is examined / by Gilbert Burnet ... Burnet, Gilbert, 1643-1715. [26], 362 [i.e. 332] p. By Robert Sanders ..., Glasgow : MDCLXXIII [1673] Numerous errors in paging; numbers 113-142 omitted. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- History -- 17th century. Scotland -- Constitutional history. Scotland -- History -- 17th century. 2003-10 TCP Assigned for keying and markup 2003-10 SPi Global Keyed and coded from ProQuest page images 2003-11 John Latta Sampled and proofread 2003-11 John Latta Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion A VINDICATION OF THE AUTHORITY , CONSTITUTION , AND LAWS OF THE CHURCH AND STATE OF SCOTLAND . IN FOUR CONFERENCES . Wherein the Answer to the Dialogues betwixt the Conformist and the Non-conformist , is examined . By GILBERT BURNET , Professor , of Theology in Glasgow . GLASGOW , By ROBERT SANDERS , Printer to the City , and University . M. DC . LXXIII . TO HIS GRACE THE DUKE OF LAUDERDALE , &c. HIS MAJESIES HIGH COMMISSIONER FOR SCOTLAND . MAY IT PLEASE YOUR GRACE . The noble Character which you do now so worthily bear , together with the more lasting and inward Characters of Your Princely mind , did set me beyond doubting to whom this Address was to be made : For to whom is a vindication of the Authority and Laws of this Kingdom so due , as to Your Grace , to whom His Majesty hath by a Royal Delegation , committed the administration of Affairs among us ; and under whose wise and happy conduct , we have enjoyed so long a tract of uninterrupted tranquillity ? But it is not only Your illustrious quality that entitles You to this Dedication . No , Great Prince , greater in Your mind , than by Your fortune ; there is somewhat more inward to You , than the gifts of fortune ; which , as it proues her not blind in this instance , so commands all the respect can be payed Your Grace , by such who are honoured with so much knowledg of You , as hath fallen to the happy share of Your poorest servant . But , My Lord , since all I can say either of the vast endowments of Your Mind , or of the particular engagements I lie under to honour You , must needs fall short of my sense of both ; and what is just to be said , is not fit for me to express ; the least appearances of flattery being as unpleasant to You , as unbecoming one of my Station : I must quit this Theme , which is too great for me to manage ; and only add , that I know Your understanding , in such debates as are here managed , to be so profound , and your judgment so well balanced , that as You deservedly pass for a Master in all learning ; so , if these Sheets be so happy as to be well accounted of by You , I shall the less value or apprehend the snarlings of all Censurers . I pretend not by prefixing so great a Name to these Conferences , to be secure from Censure by Your Patrociny , since these Enemies of all Order and Authority ( with whom I deal ) will rather be provoked from that , to lash me with the more severity . I shall not to this add my poor thoughts of what this time and the tempers of those with whom we deal , seems to call for , since by so doing , I should become more ridiculous than Phormio was , when he entertained the redoubted Hannibal , with a pedantick discourse of a Generals conduct . It is from Your Graces deep judgment and great experience , that we all expect and long for a happy settlement , wherein that success and blessings may attend Your endeavours , shall be prayed for more earnestly by none alive , than by , May it please YOUR GRACE , Your Graces most humble , most faithful , and most obliged servant . G. BURNET . TO THE READER . HOW sad , but how full a Commentary doth the age we live in , give on these words of our Lord , Luke 12.49 . I am come to send fire on the earth : suppose you that I am come to give peace on the earth ; I tell you , nay ; but rather division : for from henceforth there shall be five in one house divided . Do we not see the Father divided against the Son , and the Son against the Father , and engaging into such angry heats and mortal feuds , upon colors of Religion , as if the seed of the Word of GOD , like Cadmus teeth , had spawned a generation of cruel and bloud-thirsty men : But how surprizing is the Wonder , when Religion becomes the pretence , and seems to give the rise to these animosities , since the wisdom and goodness of GOD hath devised nothing more proper and powerful for over-ruling all the secret passions of the mind , and for mortifying of all boisterous disorders ? The Doctrine delivered by our meek and lowly Master , teacheth us the great Lessons of humility , of self-diffidence , and self-contempt , guards against the undervaluing of others , and the over-rating of our selves , gives check to wrath , anger , emulation and envy ; hatred and malice , railing and censuring : And in a word , designs the moulding our natures into a conformity with its blessed Author : who when he was reviled , reviled not again ; but practised without a blemish , those great Lessons he taught his Disciples , of doing good for evil , loving his Enemies , and praying for such as despitefully used him . But how far have we fallen from that lovely Pattern ? And how is the serene and peaceable visage of Christianity transformed into a sour cankered and surly temper , as if that which obliged us to love all men , should engage us to look morose on all but a handful of a party : and that which should dilate our love to all mankind , is given for a ground of contracting it to a few as ill natured as our selves . Is there not a generation among us who highly value themselves , and all of their own form ? but whoso differs from them , is sure of their fiercest spite , and bitterest Censures . Are the lives of such as differ from them vertuous , then they say they are good moral men : But , alas ! they know not what it is to be spiritual . Again , are they devout and grave , then they are called Monastick people , Juglers , or Papists . And if nothing can be fastened on them , the charge of hypocrisie is the last shift of malice : Or if they have been guilty of any failings and mistakes , they are so far from covering or disguising of them ; that on the contrary , the relating , the aggravating , and the commenting on these , is the main subject of all their discourses . And if they go on a Visit , the first Civilities are scarce over , when these Stories ( true or false , all is to one purpose ) come to make up their conversation . Who can have the least tincture of the Christian Spirit , and look on without sad regrates , and see this bitter , fierce , and cruel venom poisoning the several Sects and divisions of Christendom ? The root and spring whereof is no other than a carnal , proud , and unmortified temper : for few are so Atheistical , but they desire to pass , both in their own account , and in the opinion of others , for good Christians : but when they find how hard a thing it is to be a Christian indeed , and that they must mortifie all their carnal appetites , their fierce passions , and swellings of pride , despise the world , and be resigned in all things to the Will of GOD , before they can deserve that noble Character , then they pursue another method more grateful to their corrupt minds , which is to list themselves under a party , to cherish and value the Heads and Leaders of it , and to divide their kindness to all of their stamp : they stifly adhere to the forms , and maintain all the humors and opinions of that Party to which they have associated themselves , and they whet their Spirits and sharpen their Tongues against all of another mould , which some do with an undisguised fierceness : Other with a visage of more gravity , by which they give the deeper wounds . What sad effects flow from this Spirit is too visible ; and I love not to play the Diviner , or to presage all the mischief it threatens : but certain it is that the great business of Religion lies under an universal neglect , while every one looks more abroad on his Neighbor , than inwardly on himself ; and all st●dy more the advancement of a Party , than the true interest of Religion . I deny not but zeal for GOD must appear , when we see indignities done to his holy Name , in a just indignation at these who so dishonour him ; but what relation have little small differences about matters which have no tendency for advancing the Image of GOD in our Souls , to that ; since both sides of the debate may be well maintained without the least indignity done to GOD , or his holy Gospel ? What opposition to the Will of GOD , or what harm to Souls can flow from so innocent a practice , as the fixing some Churchmen over others , for observing , directing , reproving , and coercing of the rest , that this should occasion such endless brawlings , and such hot contentions ? But supposing the grounds of our divisions , as great as any angry Disputer can imagine them , then certainly our zeal for them should be tempered , according to the Rules and Spirit of the Gospel . Is it a Christian temper that our spirits should boil with rage against all of another persuasion , so that we cannot think of them without secret commotions of anger and disdain , which breaks often out into four looks , ridiculous ●earings , bitter scoffings and invectives , and in attempts at bloud and cruelty ? How long shall our Nadabs and Ab●hus burn this wild-fire on the Altar of GOD , whose flames should be peaceful , and such as descend from Heaven ? When we see any endangering their Souls by erroneous Opinions , or bad practices , had we the divine Spirit in us , it would set us to our secret mournings for them : our hearts would melt in compassion towards them , and not burn in rage against them : and we would attempt for their recovery , and not contrive their 〈◊〉 . The ●ne bears on it a clear impress of that nature which is Love , in which none can have interest , or union , but such as dwell and abide in Love : but the other bears on it the lively signature of him that was a murderer from the beginning : and all that is mischievous or cruel , is of that evil one , and tends to the subversion of mankind ; as well as the ruin of true Religion . Another great Rule by which the Peace and Order of all human Societies is maintained and advanced , is obedience to the Laws , and submission to the Authority of these whom GOD hath set over us , to govern and defend us ; to whose Commands if absolute Obedience be not payed , ever till they contradict the Laws of GOD , there can be neither peace nor order among men , as long as every one prefers his own humour or inclination to the Laws of the Society in which he lives . Now it cannot be denied to be one of the sins of the age we live in , that small regard is had to that authority GOD hath committed to his Vicegerents on earth : The evidence whereof is palpable , since the bending or slackening of the execution of Laws is made the measure of most mens Obedience , and not the conscience of that duty we owe the commands of our Rulers : for what is more servile and unbecoming a man , not to say a Christian , than to yield Obedience when over-awed by force ; and to leap from it when allured by gentler methods ? If Generosity were our principle , we should be sooner vanquished by the one , than cudgelled by the other : Or if Conscience acted us , the Obligation of the Law would equally bind , whether backed with a strict Execution , or slackened into more impunity . Hence it appears how few there are who judg themselves bound to pay that reverence to the Persons , and that Obedience to the Commands of these GOD hath vested with his Authority , which the Laws of Nature and Religion do exact . And the root of all this disobedience and contempt , can be no other , but unruly and ungoverned pride , which disdains to submit to others , and exalts it self above these who are called Gods. The humble are tractable and obedient ; but the self willed are stubborn and rebellious . Yet the height of many mens pride rests not in a bare disobedience , but designs the subverting of Thrones , and the shaking of Kingdoms , unless governed by their own measures . Among all the Heresies this age hath spawned , there is not one more contrary to the whole design of Religion ▪ and more destructive of mankind , than is that bloudy Opinion of defending Religion by Arms , and of forcible resistance upon the colour of preserving Religion . The wisdom of that Policy is ●●●hly , sen●●al and devillish , favoring of a carnal unmortified and impatient mind , that cannot bear the Cross , nor trust to the Providence of GOD : and yet with how much zeal is this doctrine maintained and propagated , as if on it hung both the Law and the Prophets ? Neither is the zeal used for its defence only meant for the vindicating of what is past , but on purpose advanced for re-acting the same Tragedies : which some late villanous attempts have too clearly discovered , some of these black Arts ( tho written in white ) being by a happy providence of GOD ( by the intercepting of R. Mac his Letters which contained not a few of their rebellious practisings and designs ) brought to light . Indeed the consideration of these evils should call on all to reflect on the sad posture wherein we are , and the evident signatures of the Divine displeasure under which we l●e : from which it appears that GOD hath no pleasure in 〈◊〉 , nor will be glorified among us : that so we may discern the signs of the times , and by all these sad indications may begin to appehend our danger , and ●o turn to GOD with our whole hearts ; every one repenting of the works of his hands , and contributing his prayers and endeavours for a more general Reformation . It is not by Political Arts , nor by the execution of penal Laws , that the power of Religion can be recovered from these decays , under which it hath so long suffered . No , no , we must consider wherein we have provoked GOD to chastise us in this fashion , by letting loose among us a Spirit of uncharitableness , giddiness , cruelty and sedition : And the progress of these and other great evils , we ought to charge on our own faultiness , who have provoked GOD to plead a Controversie with us in so severe a manner . This is the method we ought to follow , which if we did , we might sooner look for the Divine protection and assistance : and then we should experience it to be better to put our confidence in GOD , than to put our confidence in men . Indeed surh a Reformation of our lives and hearts , would more strongly plead our cause , and advance our interest , than the most learned Disputes , or the severest Laws , tho followed with a most vigorous execution : Let us not therefore repine at the contempt we lie under , or the hazard we are exposed to ; nor complain of the non-execution of Laws ; but let us examine wherein we have walked contrary to the Laws of CHRIST in his Gospel , by which we have provoked GOD to render us base and contemptible before the people . In a word , till we condemn our selves more , and others less , and think more of reforming our selves , and less of punishing others , we look not like proper Objects of Mercy , or fit for a deliveranee . But I shall quit this purpose to give some account of the following Conferences . Some years ago , a small Book of Dialogues betwixt the Conformist and Nonconformist was published , and received with the general applause and good liking of all , who were so far unprepossessed as to consider the plain and simple reasonings were there laid open ; but presently all the mouths of the enraged Zealots were set a yelping and snarling at it , and at its suspected Author : some laughed at it , others despised it , and all of them were angry : some threatned a speedy answer , others doubting of the performance , said , it deserved none . At length divers Pens were said to have undertaken the Task ; but in end we had an answer from beyond Sea to it , which was received with an universal shout of victory and triumph : the Answerer acting his part with so much confidence , and edging his smatterings with so much bitterness , as if he had engaged with a compound of Ignorance and Atheism . At first reading I could not but pity one who triumphed so confidently with so little reason , and regrate the bitterness of his spirit , who belched up gall and wormwood upon every occasion . Yet in some matters of fact and History , I deny not but his confidence made me imagine truth might be on his side ; but when I examined things from their Fountains , I know not wha verdict to pass on him , who fell in so many mistakes , and stumbled at every step . Most of his errors I imputed to his second-hand reading , for he seems to have risen no higher in his learning than the reading of Pamphlets : and it is like , hath that quarrel with Antiquity , that there is not a forty year old Author in his Closet ; and so much is he beholden to the labours of others , that if one unplume him of what is borrowed , nothing will remain but scoldings , and non-sense . For when he meets with anything out of the Road , it is not unpleasant to see how browillied he is ; and so unequal in his stile , that sometimes he flies high on borrowed wings , and immediately he halts and crawls when on his own legs . I was not soon resolved whether such a Scribler deserved an Answer , since all he said that was material , had both been printed and answered full often ; yet the confidence of the Author , and the value which others , much about his own size of knowledg and modesty , did set on his labors , made me think it necessary to say a little more on these things , which were perhaps too overly glanced at by the Conformist in the Dialogues : and my interest in that Person secured me from apprehending his mistakes of my interposing in this quarrel ; for indeed what he said was so far from being shaken by this pretended trifling Answer , that as a Person of great judgment and worth , said , No more pains was needful for refuting the Answer , but the reading over the Dialogues , whose strength remained entire after all his attempts against them . I was doubtful what method to pursue in the following sheets , since I ever loathed the answering of Books by retail , as an endless and worthless labor : for when should I have done , did I call him to account for all his incoherencies and impertinencies , and examine all his simpering distinctions , and whiffling answers ? I resolved therefore at one dash to wave all that , and to examine the matters of greater and more publick concern , with that clearness of expression which befits such Subjects , and with so much brevity , as might not frighten away the more superficial Readers , nor surfeit the more laborious . Therefore I have not stayed to make good all the Conformists Opinions or arguments , hinted in these short Dialogues , but have left the examining of them , and the Answers made to them , to the consideration of the unprejudged Reader , and so have considered nothing of what he answers to the fifth and sixth Dialogues . To the fifth Dialogue , wherein set forms for Worship are pleaded for , he answers by confessing their lawfulness , arguing only against the imposing them ; but this I meet with in my second Conference , wherein I assert the binding Authority of Laws in all things lawful . And for his Answers to the sixth Dialogue , they concern me not , being made up of reflections : It is true , to shew his Common place reading , he gives a long discourse of Justification , but to very little purpose , since upon the matter the Conformist differs nothing from him : And for the justifying or condemning some phrases or modes of speech , they are not worth the while to debate about them : All my quarrel at these long winded Common places , being , that by a pretence of making matters clearer , they darken them with a multiplicity of words , and an intricacy of phrases . And as this is justly censurable on every head about which it is imployed , so it is more particularly in the matter of Justification , which being the ground of our hope and joy , should be so cleared , that no difficulty , nor nicety get into our conceptions about it . What then can be clearer than that GOD in consideration of his Sons sufferings , offers free pardon to all sinners , on the terms of their forsaking their sins , their accepting his mercy through his Son , and their obedience to the rules of his Gospel , which whosoever do , are actually in the ●avor of GOD , made partakers of his Grace , and shall in due time be admitted to his Glory ? This being the Co●f●rmists sense on that head , I leave it with all to consider what reason there was for making such ado about it , or for charging him with so heavy imputations . But he shrouds himself under his own innocency , and will patiently bear all the insultings and ungodly rage of that Adversary , without recriminating or answering him in his own style and dialect . I pursue the method of a Conference , as being both more suitable to the purposes here canvassed , and more agreeable to the Dialogues , only I furnish the Scene with more persons ; and I am much mistaken if the Answerer himself shall have ground to accuse me of not laying out the strength of his reasonings faithfully , since upon every occasion I put in Isotimus his mouth the substance of his arguings , as far as I could reach them . But to make this unpleasant peace of contention go the more easily off , I have subjoyned to it an account of the form and rules of Church Government , as I found them to have been received in the first and purest ages of the Church : But I add no more for Preface to that work , since in the end of the last Conference enough is said for introduction to it . I have divided my work in four parts and Conferences : The first examines the opinion of resisting lawful Magistrates upon the pretence of defending Religion . The second considers the Authority of Laws , and the obedience due to them , together with the Kings Supremacy in matters Ecclesiastical . The third examines the spirit that acted during the late times and Wars , and continues yet to divide us by Schism and faction . And the fourth examines the lawfulness and usefulness of Episcopacy . I must now release my Reader from the delay this Introduction may have occasioned him , without the usual formality of Apologies , for the defects the following papers are guilty of , since I know these generally prevail but little for gaining what they desire : but shall only say , that this morose way of writing , by engaging into Controversies , is as contrary to my Genius as to any mans alive : For I know well how little such writings prevail for convincing of any , and that by them the most part are rather hardened into more wilfulness , and exasperated into more bitterness : Yet for this once I was prevailed on to do violence to my own inclinations , by this Patrociny of the authority and laws of that Church and Kingdom wherein I live . I am so far from thinking my self concerned to make Apology for the slowness of this Piece its appearance in publick , that I encline rather to make excuses for its coming abroad too soon . That it was ready near a twelve-month ago , can be witnessed by many who then saw it . Yet I was willing to let it lye some time by me , and my aversion from the motions of the Press , put it often under debate with me whether I should stifle it , or give it vent : at length I yielded to the frequent importunities of my friends who assaulted me from all hands , and told me how much it was longed for , and what insultings were made upon the delay of its publication . And by what is near the end of the third Conference , it will appear that it was written before the discovery of these who had robbed and wounded the Ministers in the West of Scotland . I let what is there said continue as it was written , before the discovery , but shall add somewhat here . In September last , after a new robbery had been committed on another conformable Minister , whose actors no search could discover ; some few days had not passed over , when by a strange Providence one of them was catched on another account by a brave Soldier , and being seized , such indications of his accession to the robbery were found about him , that he to prevent torture , confessed not only his own guilt , but discovered a great many more : most of them escaped , yet three were taken , and had Justice done on them , with him who had been their chief Leader : and who continued to cant it out highly after he got his Sentence , talking of his blood as innocently shed , and railing against the Prelats and Curats ; though before Sentence he was basely sordid , as any could be . One of his complices who died with more sense , acknowledged , when he spake his last words , that bitter zeal had prompted him to that villany , and not covetousness , or a design of robbing their goods . Yet I shall not conceal what I was a witness to , when a Minister of the Presbyterian perswasion being with them ( for two of them would willingly admit of none that were Episcopal ) after he had taken pains to convince the chief Robber of the atro●iousness of his crimes , which was no ●asie task , he charged him to discover if either Gentlemen , or Ministers , had prompted or cherished him in it , or been conscious to his committing these robberies , he cleared all , except a few particular and mean persons who went sharers with him . And by this fair and ingenuous procedure , the Reader may judge how far the Author is from a design of lodging infamy on these who differ from him , when of his own accord he offers a testimony for their vindication . But I shall leave this purpose , and the further prefacing at once . If my poor labors be blessed with any measure of success , I humbly offer up the praise of it to him f●om whom I derive all I have , and to whom I owe the praise of all I can do . But if these attempts bring forth none of the wished-for effects , I shall have this satisfaction , that I have sincerely and seriously studied the calming the passions , and the clearing the mistakes of these among whom I live : so that more lyes not on me , but to follow my endeavours with my most earnest prayers , that the GOD of Peace may in this our day , cause us discern and consider these things which belong to our Peace . THE HEADS TREATED OF in these Conferences . THe first Conference examines the origine and power of Magistracy , and whether Subjects may by arms resist their Sovereigns on the account , or pretence of defending Religion against Tyranny , and unjust oppression ? And whether the King of Scotland be a Sovereign Prince , or limited , so that he may be called to account , and coerced by force ? The second examines the nature of humane Laws , and of the obedience due to them , and the Civil Magistrates Right of enacting Laws in matters Ecclesiastical . The third examines the grounds and progress of the late Wars , whether they were Defensive or Invasive , and what Spirit did then prevail ? And the grounds of our present Schi●m are considered . The fourth examines the origine , lawfulness , and usefulness of Episcopal Government , which is concluded ; with an account of the Primi●ive Constitution and Government of the Churches that were first gathered and planted . The COLLOCUTORS . Eudaimon . A Moderate man. Philarchaeus . An Episc●pal man. Isotimus . A Presbyterian . Basilius . An Asserter of the Kings Authority . Criticus . One well studied in Scripture . Polyhistor . An Historian . The FIRST CONFERENCE . Eudaimon . YOU are welcome , my good Friends , and the rather that you come in such a number , whereby our converse shall be the more agreeable . Pray , sit down . Philarcheus . The rules of Custom should make us begin with asking after your Health , and what News you have . Eud. Truly the first is not worth enquiring after ; and for the other , you know how seldom I stir abroad , and how few break in upon my retirement , so that you can expect nothing from me ; but you have brought one with you who uses to know every thing that is done . Isotimus . I know you mean me : the truth is , I am very glad to hear every thing that passeth ; and think it no piece of Virtue to be so unconcerned in what befals the Church of GOD , as never to look after it : but you are much wronged , if notwithstanding all your seeming abstraction , you be not deeper in the knowledge of Affairs than any of us : however since you expect News from me , I was just now reading some Books lately printed at Holland , and particularly an accurate and learned Confutation of these virulent Dialogues you were wont to magnifie so much : and it doth my heart good to see how he baffles the writer of them on every occasion ; for he hath answered every word of them so well , and so home , that I believe we shall not see a reply in haste . Philarcheus . I suppose we have all seen the Book , but it is like you are singular in your opinion of it : I shall not deny its Author his deserved praises : he hath been faithful in setting down most of the Arguments used in the Dialogues , and no less careful to gather together all the vulgar answers to them , and truly hath said as much as can be said for his Cause . Neither writes he without art ; for when he is pinched , he drives off the Reader with a great many preliminary things , to make him forget the purpose , and to gain a more easie assent to what he asserts . I confess his Stile is rugged and harsh , so that it was not without pain I wrestled through it : but of all I have seen , he hath fallen on the surest way to gain an Applause from the Vulgar ; for he acts the greatest Confidence imaginable , and rails at his Adversary with so much contempt , and malice , that he is sure to be thought well of , by these who judge of a man more by his voice , and the impresses of earnestness , and passion he discovers , than by the weight of what he saith . Eud. These things may well take with the ignorant Rabble , with whom it is like he designs to triumph : but truly such as understand either the civilities of good Nature , or the meekness of a Christian , will be little edified with them . Indeed I am amazed to see so much indiscretion and bitterness fall from any mans Pen who hath read S. Paul , condemning railings , evil surmisings , and perverse disputings . Isot. Who begun the scolding ? The truth is , there are some who think they may rail with a priviledge , and if any in soberness tell them of their faults , they accuse them of bitterness : but was there ever any thing seen more waspish than these Dialogues ? whose design seems to have been the disgracing of a whole Party , and all their actions for many years : If then the Atheism , the blasphemy , the mockery , the enmity to GOD and Religion , the ignorance , the malice , the folly and arrogance of such a confident Babler be discovered , you are so tender der hooffed forsooth , as to complain of railings . Eud. It seems these writings have made a deep Impression on you , you have got so exactly into their stile : b●t this is a place where Passion is seldom cherished , therefore we will expect no more of that strain from you . But to deal freely with you , there were some Expressions in these Dialogues with which I was not well satisfied ; but the whole of them had such a visage of Serenity , that I wonder how they are so accused . It is true the Conformijt deals very plainly , and yet ere we part , I can perhaps satisfie you : he said but a little of what he might have said : But withal , remember how severely , he that was meekness it self , treated the Scribes and the Pharisees , and he having charged his Followers to beware of their leaven , it is obedience to his Command to search out that leaven , that it may leaven us no more . And when any of a Party are so exalted in their own conceit , as to despise and disparage all others , the love , Ministers of the Gospel owe the Souls of their Flocks , obligeth them to unmask them . As to these poor simple Reproaches that are cast on the Person of that Author , as they are known to be false and unjust , so they are done in a strain that seems equally void of Wit and Goodness . But we shall meddle no more in these ●●●sonal difference● , afte● I have told you what I heard the Author of that Conference say upon this subject : he said , He was so far from being displeased with the Author of this Answer , that he was only sorry he knew not who he was , that he might seek an opportunity of obliging him . For the things charged on him , if he was guilty of them , he needed very many prayers ; but if innocent , the other needed no fewer who so unjustly accused him : but a day comes wherein a righteous judge will judge betwixt them : and this was the utmost displeasure he expressed ; adding , That he had another sense of the account he must give for his hours , than to engage in a Counter scuffle , or to play at such small game , as a particular examen of that Book would amount to : And he judged it unworthy of him to turn Executioner on that man's Reputation , by enquiring into all the escapes of his Book which are too obvious . But he is willing to stand or fall by the decision of rational and impartial Minds , only where he was either too short , or where the Answerer hath raised so much Mist as might obscure a less discerning Reader : he will ( when he gets out of the throng wherein his Employment doth at present engage him ) offer a clearer account of the matters in question , without tracing of that p●or Creature , who , it is like , expects to be recorded among the Learned Writers of the Age , and the Champions of Truth . Bas. We have nothing to do with what is personal among these Writers : But since so many of us have met so happily , and seem a little acquainted with these Questions , let us according to our wonted freedom , toss these debates among us , without heat or reflections : which signifie nothing but to express the strength of his Passions , and the weakness of his Reasons who makes use of them . And indeed the matter of the greatest Importance is , the point of Subjects resisting their Sovereigns , in the defence of Religion , which deserves to be the better cleared , since it is not a nicety of the School , or a speculation of Philosophers , but a matter of Practice , and that which ( if received ) seems to threaten endless Wars and Confusions . Crit. I am no great Disputer , but shall be gladly a witness to your debate , and upon occasions shall presume to offer what I have gleaned among the Critical Writers on Scripture : and I hope Ij●timus's Memory is so good , that he will carefully suggest the Arguments used by the Patrons of defensive Arms. Isot. I will not undertake too much , but shall take care not to betray this good Cause , yet I will not have the Verdict passed upon my defence of it ; however I shall not sneak so shamefully as the Nonconformist did in the Dialogues . Eud. I hope I shall not need to caution you any more against reflections : but as for the alledged treachery of your friend the Nonconformist , it may be referred to all Scotland , if what he saith be not what is put in the mouths of all the People about these matters , and truly this Answer adds so little to him , that nothing can free him so well of that treachery , as the reading of this new Book . But to our purpose : The Question is first in general , If Subjects under a lawful Sovereign when oppressed in their established Religion , may by Arms defend themselves , and resist the Magistrates ? Let this be first discussed in general , and next it shall be considered how far this will quadrat with our present Case , or our late Troubles . Isot. I like your method well , and that we may follow it , consider ( see pag. 20. of the Answer , and Ius populi all over ) if their can be any thing more evident from the Laws of Nature , than that men ought to defend themselves , when unjustly assaulted ? And since the Law of Nature teacheth men not to murder themselves , it by the same force binds them to hinder another to do it , since he that doth not hinder another from committing a Crime , when it is in his power so to do , becomes guilty of the crime committed ; he is then a self-murderer who doth not defend himself from unjust force . Besides , what is the end of all Societies , but mutual Protection ? Did not the People at first choose Princes for their Protection ? Or do you imagine it was to satisfie the Pride and Cruelty of individual persons ? It was then the end of Societies , that Justice and Peace might be maintain'd : so when this is inverted , the Subjects are again to resume their own conditional surrender , and to coerce the Magistrate , who , forgetful of the ends of his Authority , doth so corrupt it . And since the great design of man should be to serve GOD , and to worship him in spirit and in truth , this is to be preferred to all things else , as being of the greatest Importance . If then Magistrates , whom S. Peter ( 1 Pet. 2.13 . ) calls the Ordinances of men , or humane Creatures , do force there Subjects from the true Worship of GOD , they ought to be restrained , and the Cause of GOD must be maintained , notwithstanding their unjust Laws or cruel Tyranny . Bas. You have indeed put such colours on your Opinion , that I should be much shaken from mine , were not my persuasion well grounded . But to examine what you have said , you must distinguish well betwixt the Laws of Nature , and the Rights or permissions of Nature : the first are unalterable Obligations , by which all men are bound , which can be reversed by no positive Law , and transgressed by no Person , upon no occasion : for the Law of Nature is the Image of GOD yet remaining in some degrees on the Souls of men , and is nothing else save certain notions of Truth , impressed by GOD on the Souls of all men that enjoy the exercise of Reason . Now self-defence cannot be a Law of Nature , otherwise it could never be dispensed with without a Sin ; nay , were a man never so criminal : For as in no case a man may kill himself , were he never so guilty ; so by that reasoning of yours , he ought not to suffer himself to be killed , neither should any Malefactor submit to the Sentence of the Judge , but stand to his defence by all the force he could raise . And it will not serve turn , to say , that for the good of the Society he ought to submit ; for no man must violate the Laws of Nature , were it on never so good a design : and since the utmost standard of our love to our Neighbors , is to love them as our selves , no consideration of the good of others can oblige one to yield up his Life , if bound by the Law of Nature to defend it . Crit. If I may interrupt you , I should tell you that as among all Nations it hath been counted Heroical to die for ones Country , or for the good of others , so the Apostle speaks , ( Rom. 5.7 . ) of those who for good men would dare to die . But chiefly CHRIST'S dying for us , shews that self-defence can be no Law of Nature : otherwise CHRIST who filled all Righteousness , had never contradicted the Laws of Nature . Bas. I thank you for your remark , which was pertinent . But next , consider there are some rights or permissions of Nature , which are allowed us , but not required of us , as propriety of goods , marriage , and other such like things , which whose doth not pretend to , he cannot be said to violate the Laws of Nature , only for some greater consideration he forgoes these Priviledges it allows . And take men out of a Society , I acknowledge forcible Resistance of any violent Assailant , to be one of the rights of Nature , which every man may make use of without a Fault , or dispense with likewise at his pleasure : But Societies being Associations of People under a Head , who hath the power of Life and Death , that sets it beyond doubt , that the Head must only judge , when the Subjects do justly fore-seal their Lives or not : which before I go about to evince , I must remove that vulgar Error , of a Magistrate's deriving his power from the surrender of the People . None can surrender what they have not : take then a multitude of People not yet associated , none of them hath power of his own Life , neither hath he power of his Neighbors , since no man out of a Society may kill another , were his Crime never so great , much less be his own murderer ; and a multitude of People not yet associated , are but so many individual Persons ; therefore the power of the Sword is not from the People , nor any of their Delegation , but is from GOD. Isot. You will pardon me to tell you , that the People must give the power , since GOD did it never by a Voice from Heaven , or by a Prophets command , except in some Instances among the Israelites , where even that was not done , but upon the previous desire of the People . And for what you say of the Peoples having no right to kill themselves , they only consent to submit to the Magistrates Sentence , when guilty . Basil. This will then infallibly prove , that forcible self-defence cannot be a Law of Nature , but only a Right ; otherwise we could not thus dispense with it . But if though guilty , I ought not to kill my self , neither can I so much as consent that another do it : Hence it is , that the original of Magistracy must be from GOD , who only can invest the Prince with the power of the Sword. Polyb. I could say much in Confirmation of that , from the universal Sense of all Nations , who ever looked on the Magistrates power , as Sacred and Divine : but these things are so copiously adduced by others , that I may well spare my labor . Crit. Nay , a greater authority is St. Paul's , Rom. 13.1 . who saith , That the powers that were then , were ordained of GOD : which on the way saith strongly , for asserting the right of a Conquerour , after some prescription , since if either we consider the power of the Roman Empire over the world , or of their Emperours over them , both will be found to have no better title than Conquest , and yet they were ordained of GOD , and not to be resisted , but submitted to , under the hazard of resisting the Ordinance of GOD , and receiving of damnation , ( p. 2. ) And it is like , the sacredness of the Magistrates power , was a part of the traditional Religion conveyed from Noah to his posterity , as was the practice of extraordinary Sacrifices . Basil. It is not to be denied but a people may chase their own form of Government , and the persons in whose hands it shall be deposited : and the Sovereignty is in their hands , of whom they do thus freely make choice : so that if they expressly agree , that any Administrators of the power , by what name soever designed , Kings , Lords , or whatever else , shall be accountable to them ; in that case , the Sovereignty lies in the major part of the people , and these Administrators are subject to them , as to the Supreme . But when it is agreed in whose hands the Sovereign power lies , and that it is not with the people ; then if the people pretend to the sword , they invade GODS right , and that which he hath devolved on his Vicegerent . And as in marriage either of the parties make a free choice , but the Marriage-bond is of GOD , neither is it free for them afterwards to refile upon pretence of injuries , till that which GOD hath declared to be a breach of the bond , be committed by either party : so though the election of the Sovereign may be of the people , yet the tie of subjection is of GOD , and therefore is not to be shaken off , without we have express warrant from him . And according to your reasoning , one that hath made a bad choice in his marriage , may argue that marriage was intended for a help and comfort to man , and for propagation ; therefore when these things are missed in a marriage , that voluntary contract may be refiled from ; and all this will conclude as well to unty an ill chosen marriage , as to shake off a Sovereign . Philarch. To this reasoning I shall add what seems from rational conjectures , and such hints as we can expect of things at so great a distance from us , to have been the rise of Magistracy . We find no warrant to kill , no not for murder before the Floud , as appears from the instances of Cain and Lamech , so no Magistracy appears to have been then : Yet from what GOD said to Cain , Gen. 4.7 . we see , the elder brother was to rule over the younger . But the want of Magistracy before the Flood , was perhaps none of the least occasions of the wickedness which was great upon earth ; but to Noah was the Law first given of punishing murder by death , Gen. 9.6 . and he was undoubtedly cloathed with that power . So his eldest Son coming in his place by the right of representation , and being by the right of primogeniture asserted before the Flood to be over his Brethren , was cloathed with the same power , and so it should have descended by the order of Nature still to the first-born . But afterwards Families divided , and went over the world to people it , whereby the single jurisdiction of one Emperor , could not serve the end of Government , especially in that rude time , in which none of these ways of correspondence , which after Ages have invented , were fallen upon . These Families did then , or at least by that Law of GOD of the elder Brothers power , ought to have been subject to the eldest of their several Families . And another rise of Magistracy , was the poverty of many who sold themselves to others that were Richer , and were in all Nations sub●ect to them , both they and their children : and this was very early begun , for Abraham's family consisted of 318. persons , and the many little Kings at that time seem to have risen out of these Families : for the posterity of these servants were likewise under the Masters Authority : and these servants were by their Masters pleasure to live or lie ; nor had they any right to resist this unjust force : But afterwards emancipation was used , some dominion being still reserved : and it is highly probable , that from these numerous Families , did most of the little Kingdoms then in the world spring up ; afterwards the more aspiring came to pretend over others , and so great Empires rose by their Conquests . Crit. I know it is strongly pretended , that the state of servitude , or such a surrender of ones life , or liberty , as subjects it to the tyranny of another , is not lawful : but this will be found groundless : for though even the Law of GOD counted the servants a Man's money , so that he was not to be punished , though he had smitten them with a rod , so that they died , provided they lived a day or two after it , Exod. 21.20 , 21. Yet in that dispensation it was not unlawful to be a servant ; nay , nor unlawful to continue in that state for ever , and not accept of the emancipation which was provided to them in the year of Iubily . Neither is this state declared unlawful under the Gospel , since S. Paul saith , 1 Cor. 7.21 . Art thou called being a servant , care not for it : but if thou mayst be free , use it rather : By which we see the Gospel doth not emancipate servants , but placeth that state among things which may be lawfully submitted to , though liberty be preferable . Basil. From this it may be well inferred , that if a Society have so intirely surrendred themselves that they are in no better case than were the servants among the Romans or Hebrews , the thing is not unlawful ; nor can they make it void , or resume the freedom without his consent whose servants they are : and as S. Peter tells , 1 Pet. 2.18 . The servants to submit to their Masters , tho punishing them wrongfully . By whom all know that he means not of hired , but of bought servants : so if a people be under any degrees of that state , they ought to submit , not only to the good , but to the froward : and still it appears that the Sword is only in the Magistrates hand , and that the people have no claim to it . It is true , in case the Magistrate be furious , or desert his right , or expose his Kingdoms to the fury of others , the Laws and Sense of all Nations agree , that the States of the Land are to be the Administrators of the power , till he recover himself : But the instance of Nebuchadn●zzar , Dan. 4.26 . shews , that still the Kingdom should be sure to him when he recovers . I●●t Now you begin to yield to truth , and confess , that a Magistrate , when he grosly abuseth his Power , may be coërced : this then shews that the People are not slaves . Basil. The Case varies very much when the abuse is such that it tends to a total Subversion , which may be called justly a Phrensie , since no man is capable of it till he be under some lesion of his mind ; in which case , the Power is to be administred by others , for the Prince and his Peoples safety : But this will never prove that a Magistrate governing by Law , though there be great errors in his Government , ought to be coërced : otherwise you must open a door to perpetual Broils , since every one by these Maxims becomes Judge ; and where he is both Judge and Party , he is not like to be cast in his Pretensions : And even few Malefactors die , but they think hard measure is given them . If then forcible self-defence be to be followed , none of these should yield up their Lives without using all attempts for res●uing them . Eud. Whatever other Cases allow of , certainly the defence of Religion by Arms is never to be admitted : for the nature of Christian Religion is such , that it excludes all carnal Weapons from its defence . And when I consider how expresly CHRIST forbids his disciples to resist evil , Matth. 25.39 . how severely that resistance is condemned by S. Paul , and that condemnation is declared the Punishment of it , I am forced to cry out , Oh! what times have we fallen in ▪ in which men dare against the express Laws of the Gospel , defend that practice upon which GOD hath passed this condemnation , If whosoever break the least of these Commandments , and teach men so to do , shall be called the least in the Kingdom of GOD : What shall their portion be who teach men to break one of the greatest of these Commandments , such as are the Laws of Peace and Subjection ? And what may we not look for from such Teachers , who dare tax that glorious Doctrine of patient Suffering , as brutish and irrational , and though it be expresly said , 1 Pet. 2.21 . That CHRIST by suffering for us , left us his Example how to follow his steps , which was followed by a glorious Cloud of Witnesses ? Yet in these last days , what a brood hath sprung up , Of men who are lovers of their own selves , traytors , heady , high-minded , lovers of pleasures , more than lovers of GOD : having a form of godliness , but denying the power thereof ; who creep into houses , and lead captive silly women laden with sin ? It is our sins that provoke GOD to open the bottomless pit , and let loose such locusts ; but were we turning to GOD , and repenting of the works of our hands , we might hope that their power should be taken from them , and that their folly should be made known to all men . Isot. Who talk bigly now ? But let Reason and Scripture take place , and you shall find good warrants in the Old Testament for coërcing the Magistrate , and subjecting the power in the Peoples hands , ( see p. 12. ) for the People were warranted to punish Idolaters , Deut. 13.12 . And from the beginning of Deuteronomy , it appears that Book was directed to all Israel , therefore any might have punished Idolaters ; therefore the power of Reforming is with the People : And again ( see p. 13. ) the Law of the King is set down , Deut. 18.14 . which gives a clear Evidence , that the People might coërce him : Otherwise why was that Law delivered to the People ? Crit. I am much deceived if these Instances do conclude for your design , since the utmost they can prove , is , that some share of the executive power lay in the hands of the People among the Iews ; but that proves nothing : where by Law and Practice it is clear the power is wholly in the hands of Superior unaccountable Magistrates . But that the Law of the King , or of punishing Idolaters was delivered to the People , proves not that they must execute it : For the Law of Sacrifices , and all the Temple worship was also delivered to them : but I hope you will not from that infer , that the People were to judge in these matters , or to give Laws to their Priests ; neither will the Law , because addressed to the People , prove themselves to be the executors of it ; otherwise the Epistle to the Corinthians addressed to all the Saints in Corinth , will prove the People the Iudges of Excommunication , and of the Rules of Church-worship , which are there delivered : so that though the Law was directed to all the People , yet that proves not that every precept of it concerned all the People , but that the whole of the Law was addressed to the whole People , and the respective parts of it , to all the individuals , according to their several stations : And after all this , you are to consider that some things were allowed by that Law to private Persons , which ought never to be made precedents : for the Law allowed the Friends of one that was killed by chance , to avenge the Blood on the Person that slew him , if he kept not within the City of Refuge : but that being a particular provision of their Judicial and Municipal Law , will be no warrant for such revenge in other States . Isot. But what say you to the revolt of Libnah , 2 Chron. 21.10 which revolted from Iehoram , because he forsock the LORD GOD of his fathers : And of Amaziab , 2 Chron. 25. 27. who when he turned away from following the LORD , his being killed by a Conspiracy of these in Ierusalem , and the fourscore valiant Priests who withstood ●zziah , when he went to offer incense ? 2 Chron. 26.17 . See p. 13 , 14 Crit. As for your instances , consider that many things are set down in the Old Testament , that are undoubted faults , and yet so far are they from being taxed , that they rather seem to be applauded : so it is in the case of the Midwives lie , not to mention the Polygamy of the Patriarchs ; therefore it not being clear to us by what special warrants they acted , a Practice of that Dispensation will be no precedent to us . But for that of Libnah , it may be justly doubted if the Libnah there mentioned , be that City which was assigned to the Priests : for Numbers 33.20 . we meet with a Libnah in the journyings of Israel ; and both the Syriack and the Arabick version , have understood the place of that City ; for they render it , the Idumeans that dwelt at Libnah . But whatever be in this , the particle because , doth not always import the design of the doer : which if you examine the Hebrew , will be very clear ; and I shall name but one place to satisfie you , 1 Sam. 2.25 . Elies sons hearkned not to the voice of their father , because the LORD would slay them . But , I doubt not , you will confess this was not their motive to such disobedience : so this will import no more , but that GOD in his Providence permitted that revolt for a Punishment of Iehoram's Apostasie : neither will fair Pretences justifie bad Actions : so the utmost that place can prove , is , that they made that their pretence . But that their revolt could not be without they had also revolted from GOD , will appear from this , that the Priests were bound to give attendance by turns at the Temple , so none of them could have revolted from the King without their rejecting of GOD'S Service , as long as the King was Master of Ierusalem , whither no doubt they would not have come during their revolt . As for your instance of Amaziah , I confess it is plain dealing , and you disclose the Mystery of defensive Arms that it is but lamely maintain'd , till the Doctrine of murdering of Kings be also asserted : And indeed your Friend by this ingenuity of his , hath done that Cause a prejudice , of which many are sufficiently sensible ; for this was a secret Doctrine to be instilled in corners , in the hearts of Disciples duly prepared for it , but not to be owned to the World : For if that place prove any thing , it will prove that when a King turns from following the LORD , his Subjects may conspire and slay him ; how this would take among the Fifth●Monarchy Men , I know not ; but I am sure it will be abhorred by all Protestants : and particularly by these who made it an Article of their Confession of Faith , That infidelity or difference of Religion , doth not make void the Magistrates just power : Therefore this being a direct Breach of both fifth and sixth Commands , though it be neither marked as condemned , nor punished in that short account there given , yet it will never warrant the resisting the Ordinance of GOD , upon which GOD hath entailed Damnation . And whereas your Friend alledgeth the justice of this may be evinced from Scripture , it shews that in his Judgment , not only Tyranny , but the turning from following GOD , is a just cause for conspiring against , and killing of Kings : But I cannot see where he finds what the cause of this Conspiracy was , since the Text taxeth only the time , but not the cause of it . And for the instance of Uzziah , the Priests indeed withstood him , as they ought to have done , as the Ministers of the Gospel ought yet to do , if a King would go and consecrate the LORD'S Supper : but their withstanding of that , imports no violent Opposition ; the strict signification of the word being only , that they placed themselves over against him , and so it is rendered by the LXX . Interpreters ; and remember that S. Paul withstood S. Peter to his face , Gal. 2.11 . Yet I do not apprehend you will suspect he used force . As for what follows , that the Priests did thrust him out , it will not prove they laid hands on him , that word signifying only , that they made him haste out of the Temple : and is the same word which Esther 6.14 . is rendered , hasted , where none will think that the Chamberlains laid violent hands on Haman : so all that the Priests did , was to charge Uzziah , when his Leprosie appeared , to get him quickly out of the Temple : and some Copies of the LXX . have it so rendered : and the following words shew there was no need of using force , since himself made haste . And for the word rendered valiant , or sons of valor , that word is not always taken for valor , but sometimes for activity ; so Gen. 47.6 . sometimes for riches , so Ruth 2.1 . It is also rendered wealth , Gen. 34.29 . so this will not prove that Azariah made choice of these men for the strength of their Body , but for the Resolution of their Mind , that they might stoutly contradict Uzziah ; and thus you have drawn a great deal more f●om me than I intended , or these misapplied places needed , for clearing of them from the design you had upon them . Isot. But is it not clear from 1 Sam. 14.45 . that the people of Israel rescued Jonathan from his fathers bloody sentence against him , and swore he should not die ? See p●● . ● . 5 . Crit. That will prove as little ; for no force was used in the matter , only a solemn Protestation was made . Next , the word rendered , rescued , is , redeemed , which is not used in a sense that imports violence in Scripture : but rather for a thing done by contract and agreement : And the LXX . Interpreters render it , the people intreated for Ionathan : nor need we doubt but Saul was easily prevailed upon to yield to their desire . Besides any King that would murder his eldest Son and heir of his Crown upon so bare a pretence , after he had signalized his courage so notably , as Ionathan did , may well be looked upon as one that is furious ; and so the holding of his hands , is very far different from the case of defensive Arms. Isot. But David , a man according to GODS heart , gathered four hundred Men about him , and stood to his defence , when cruelly persecuted by Saul , 1 Sam. 22.2 . Basil. Many things meet in this instance to take away any colour of an argument might be drawn from it : for David was by GODS command designed successor to the Crown , and so was no ordinary Subject . Next , Saul was become furious , and an evil spirit seized on him , so that in his rage he threw Javelins , not only at David , but at his Son Ionathan . Now all confess ▪ that when a Sovereign is frenetick , his fu●y may be restrained . Further , we see how far David was from resistance , he standing on a pure defence , so that when he had Saul in his power twice , he would do him no hurt ; yea , his heart smote him when he cut off the hem of his garment , 1 Sam. 24.4 , 5. This was not like some you know of , who set Guards about their King ( for the security of his Person forsooth ) when he had trusted himself into their hands . And it is very doubtful if David's gathering that force about him was lawful ; for these who came to him were naughty Men , and discontented and broken with debt ; whereas had that been a justifiable practice , it is like he should have had another kind of following . And his offering his service to the Philistins , who were Enemies to GOD , to fight for them against the people of GOD , is a thing which can admit of no excuse . But after all this , if the actions even of renowned Persons in the Old Dispensation be Precedents , you may adduce the instances of Ehud , to prove that we may secretly assassinate a Tyrant ; and of Iael , to prove that after we have offered protection to one who upon that trusts to us , we may secretly murder him . Isot. But what say you to the resistance used by Mattatb●as , and his Children , who killed the Kings Officers , and armed against him ? which resistance , as it was foretold by Daniel , so it is said by the Author of the Epistle to the Hebrews , That by faith they waxed valiant in fight , and turned to flight the Armies of Aliens : which by all is applied to the Maccabees . And who are you to condemn that which the holy Ghost calls the work of faith in them ? See p. 18 , 19. Basil. I see Criticus is weary of speaking , and therefore will relieve him for this once , and tell you , that the title Anti●●hus had to command the Iews , is not undoubted : for Iosephus lib. 12. cap. 7. and 8. shews how the Iewish Nation was tossed betwixt hands , and sometimes in the power of the Kings of Egypt , and sometimes of Syria ; and that the factions among the Iews , gave the occasion to their being so invaded ; for ambitious pretenders to the High Priesthood , sought the favour of these Kings , and so sacrificed the interests both of Religion , and their Country to their own base ends : which was the case in Ant●ochus Epiphanes his time , who after his attempt upon Egypt , came against Ierusalem , to which he was admitted by the men of his party , who opened the gates to him : after which , he polluted their worship and Temple , and fell on the cruellest persecution imaginable . Now his title over them being so ill grounded , their asserting their freedom and Religion against that cruel and unjust Invader , was not of the nature of Subjects ●esist●ng their Sovereign . Besides , what is brought from the Epistle to the Hebrews ch . 11. for justifying these Wars , seems ill applied : for from the end of the 32. verse , it appears he only speaks there of what was done in the times of the Prophets , and none of these being during the time of the Maccabees , that is not applicable to them . Next , as for Mattathias , I must tell you that GOD often raised up extraordinary persons to judg I●rael , whose practices must be no rule to us : for GOD sets up Kings and Rulers at his pleasure : and in the Old Dispensation he frequently sent extraordinary Persons to do extraordinary things , who were called Zealots : and such was Samuel's hewing Agag in pieces before the Lord , Elijah's causing to kill the Priests of Baal , which was not done upon the peoples power to kill Idol●te●s : but Elijah having by that signal Miracle of fire falling from heaven , proved both that GOD was the LORD , and onely to be worshiped , and that he was his Prophet , and commanding these Priests to be killed , he was to be obeyed . Of the same nature was his praying for fire from heaven on the Captains who came to take him , and Eli●ha his c●r●ing of the Children who reproached him . From these Precedents we see it is apparent that often in the Old Dispensation , the power of the Sword , both ordinary and extraordinary , was assumed by persons sent of GOD , which will never warrant private and ordinary uninspired Persons to do the like . Isot. I acknowledg this hath some ground ; but the first instance of these Zealots , was Ph●nehas , in whom we find no vestige of an extraordinary mission , and yet he killed Zimri and Cosbi , for which he was rewarded with an everlasting Priesthood : So a zeal for GOD in extraordinary cases , seems warrant enough for extraordinary practices . Pag. 382. to 405. Basil. If you will read the account of that action given by Moses , it will clear you of all your mistakes : since Phinehas had the warrant of the Magistrate for all he did ; for Moses being then the Person in whose hands the Civil Power was committed by GOD , did say to the Judges of Israel , Numb . 25.5 . Slay ye every one his men that were joyned to Baal Peor . Now that Phinehas was a Judg in Israel at that time , is not to be doubted ; for Eleazer was then High Priest , and by that means exempted from that Authority , which when his Father Aaron lived , was in his hand , Numb . 3.32 . and he being now in his Fathers place , there is no ground to doubt but Phinehas was also in his , and so as one of the Judges , he had received command from Moses to execute judgment on these impure Idolaters , which he did with so much noble zeal , that the Plague was stayed , and GOD'S wrath turned away . But if this conclude a Precedent , it will prove too much , both that a Church-man may execute judgment , and that a private person in the sight of a holy Magistrate , without waiting for his Justice , may go and punish Crimes . From the instances adduced , it will appear how Zealots were ordinarily raised up in that Dispensation : But when two of CHRISTS Disciples lay claim to that priviledg of praying for fire from heaven , he gives check to the fervor of their thundring zeal , and tells them , Luk. 9.55 , 56. You know not what spirit you are of : adding , that the Son of man was not come to destroy mens lives , but to save them : whereby he shews that tho in the Old Dispensation , GOD having by his own command given his people a title to invade the Nations of Canaan , and extirpate them , having also given them Political Laws for the administration of Justice , and order among them , it was proper for that time that GOD should raise up Judges to work extraordinary deliverances to his People , whose Example we are not now to imitate : GOD also sent Prophets , who had it sometimes in Commission to execute Justice on Transgressors ; yet in the New Dispensation , these things were not to take place , where we have no temporal Canaan , nor Judicial Laws given us ; and consequently none are now extraordinarily called in the Name of GOD , to inflict ordinary and corporal punishments . Having said all this , it will be no hard task to make it appear that Mattathias was a Person extraordinarily raised up by GOD , as were the Iudges . And though no mention of that be made , neither by Iosephus , nor the Book of Maccabees , that is not to be stood upon ; for we have many of the Judges of Israel , of whose call no account is given , and yet undoubtedly they were warranted to act as they did , otherwise they had been Invaders . But if that practice of Mattathias conclude any thing by way of Precedent , it will prove that Church-men may invade the Magistrates Office , and kill his Officers , and raise War against him . Crit. I wonder we hear not Isotimus alledging the practice of the ten Tribes , who rejected Rehoboam , and made choice of Ieroboam , which useth to be very confidently adduced , for proving it to be the peoples right to give Laws to their Princes , and to shake them off when they refuse obedience to their desires . But to this and all other instances of this nature , it is to be answered , that the Iewish State being a Theocracy , as it is called by their own Writers , their Judges , and many of their Kings had their title from GOD's designation , and the possession was only yielded to them by the People , according to the command , Deut. 17.15 . To set him King over them whom the LORD their GOD did chuse : So when they sought a King , they came to Samuel , as the known Prophet of GOD , and desired him to give them a King , which he afterwards did . In like manner was David designed to succeed Saul , by the same Prophet ; and upon Sau●'s death , the Tribe of Iudah came and aknowledged , and anointed him King , which was the solemn investiture in that to which he had formerly a right . Ieroboam being by the same authority designed King over the ten Tribes by the mouth of Ahijab in the name of GOD , 1 Kings 11. Ch. from v. 28. he derived his Title from that : and there was as good warrants for the people to reject Rehoboam , and follow him , as was formerly to quite Ishbosheth , and follow David . Another instance of this nature is Elisha his sending one to Iehu , where that young Prophet saith , 2 Kings 9.6 . Thus saith the LORD GOD of Israel , I have anointed thee King over the people of the LORD , even over Israel : Upon the notice whereof , v. 13. he is declared King. These instances will sufficiently prove what I have alledged , that the Kings of the Hebrews having their right from GOD , were to be changed when the most High who ruleth in the Kingdom of men and giveth it to whomsoever he will , and setteth up over it the basest of m●n , interposed his authority and command . One word more , and I have done . When the Law of the Judge is set down , Deut. 17.12 . all who do presumptuously , and hearkened not unto the Judge , are sentenced to death , That evil might be put away from Israel , whereby the people might hear , and fear , and do no more presumptuously . This shews that absolute Submission was due to the Judges , under the pain of death ; whereby all private mens judging of their Sentence is struck out . It is true the other Laws that prefer the Commands of GOD to the Laws of men , do necessarily suppose the exception of unlawful Commands : but since no Law warrants the resisting their Sentence , it will clearly follow that absolute Submission was due to these Judges . Basil. Truly these things as they seem to be well made out from Scripture , so they stand with Reason , since no order can be expected among men , unless there be an uncontrollable Tribunal on Earth . Our Consciences are indeed only within GOD'S Jurisdiction : but if there be not a Supreme Power to cognosce and determine about our Actions , there must follow endless Confusions , when any number of People can be got to mutiny against Laws : therefore there must be a Supreme Court. But the Laws and settled Practices of Kingdoms , must determine in whose Person this lies , whether in a single Person , the Nobility , or the Major part of the People ? Yet I desire to hear what decisions the New Testament offers in this Question . Crit. Truly that will be soon dispatched ; consider then how our LORD , Matth. 5. forbids us to resist evil ; where it is true , he enumerates only small Injuries : so I shall not deny but that place will amount no farther , than that we ought to bear small Injuries , rather than revenge or oppose them ; but you must yield to the doctrine of Submission , if afterwards you consider how our LORD tells us , Matth. 11.20 . To learn of him , for he was meek ; and that he condemns the thundering fervor of his Disciples , who called for fire from Heaven , shewing the nature of the New Dispensation to be quite different from the Old , in that particularly , that the Son of man came not to destroy mens lives , but to save them : And chiefly that when he was to give the greatest instance wherein we should imitate him , he refused the defence of the Sword , and commanded S. Peter to put up his sword , Matth. 26.52 . Isot. If you urge this too much , then must I answer , that by the same Consequence you may prove we must cast our selves on dangers , and not flee from them : since we find CHRIST going up to Ierusalem , though he knew what was abiding him there : neither did he fly , which yet himself allowed . Besides , you may as well urge against all Prayer to GOD for deliverance , his not praying for Angels to assist him . But the clear account of this is given by himself , that the Scriptures were to be fulfilled which fore-told his death . See pag. 24. and Answer to the Letter about Ius popul● . Crit. I must confess my self amazed at this Answer , when I find S. Peter saving expresly , 1 Pet. 2.21 . That CHRIST suffered , leaving us an example that we might follow his steps , and applying this to the very Case of suffering wrongfully ; and that notwithstanding of that , you should study to pervert the Scripture so grosly besides : consider that CHRIST was to fulfil all righteousness ; if then the Laws of Nature exact our defence in case of unjust Persecution for Religion , he was bound to that Law as well as we ; For he came not to destroy , but to fulfil the Law , both by his Example and Precepts . If then you charge the Doctrine of Absolute Submission , as brutish and stupid , see you do not run into blasphemy , by charging that ●●oly One foolishly : for whatever he knew of the secret Will of GOD , he was to follow his revealed Will in his Actions , whereby he might be a perfect Pattern to all his followers : for GOD'S revealed Will was his Rule , as well as ours . But I dwell too long on things that are clear . As for your ●nstances , they will serve you in no stead . For his coming to Ierusalem was a duty , all the Males being bound to appear three times a year before the Lord at Ierusalem , at the three Festivals , the Passover being the first of them , Deut. 16. And this being a duty , our LORD was to perform it , what ever hazard might follow . So we find S. Paul on a less obligation , going to Ierusalem , notwithstanding the bonds were fore-told to abide him there . And as for your other pretended Consequence against Prayer , from his not praying for legions of Angels , it bewrays great Inadvertency : for you find our LORD a few minutes before , praying in the Garden , Matth. 26.42 . over and over again , that if it were possible that cup might pass from him . And there is our warrant from his Practice , to pray for a deliverance from Troubles or Persecutions , if it may stand with the holy will of GOD : But for a miraculous deliverance by the ministry of Angels , that our Lord would not pray for , lest thereby the Prophesies should not be accomplished : and by this , our praying for a miraculous Deliverance , is indeed from his example condemned : but still we are to pray , that if it be possible , and according to the Will of GOD , any bitter cup is put in our hands , may pass from us . Next , let me desi●e you to consider the reason given S. Peter for putting up his Sword , Matth. 26.52 . For they that take the sword , shall p●●●sh by the sword . Isot. You ●i●apply this place palpably , it not being designed as a threatning against S. Peter , but for the encouragement of his Disciples , and being indeed a Prophesie that the Iews who now come against him with Swords and Staves , should perish by the sword of the Romans , who should be the avengers of CHRIST'S death . See page 25. Crit. You are beholden to Grotius for this Exposition , who is the first of the latter Writers that hath given that sense to these words , tho he voucheth for his opinion some elder Writers ; and he designing to prove that a private Person may resist another private Assaillant by force , being a little pinch'd with this place , which seems to condemn simply the use of the Sword , escapes o●t of it by the answer you have adduced . But though this were the genuine scope of these words , still remember that our LORD rejects the use of the Sword for his defence : and if his fore-telling the Destruction of the Iews , was of force to bind up S. Peter's hands , why should not also that general promise , Rev. 13.10 . He that killeth with the sword , must be killed by the sword , also secure our Fears , and sheath our Swords , and the rather that it is there subjo●ned , Here is the faith and patience of the Saints ? Which seems to imply , that since retaliation will be g●ven out by God upon unjust Murderers , therefore Faith and Pat●ence must be the Exercise of the Saints , which to all unprejudged Minds , will sound a discharge of the use of Weapons of War. But after all this , the phrase of taking the sword , seems only applicable to S. Peter ; for the Band being sent out by a Magistrate , could not properly be said to have taken the Sword , it being put in their hands by these who were invested with it , though they now tyrannically abuse their power : but the phrase agrees much better with S. Peter's drawing it , who had no warrant for it , and so did indeed tak● it . Next , we hear no mention of the Band of Soldiers their using their Swords ; therefore this Prediction seems fitted for S. Peter , and all such as mistaking the nature of the Chr●●stian Dispensation , do take the Sword. But next , consider CHRIST'S words to Pilate ▪ Iohn 18.36 . M● Kingdom 〈◊〉 n●t of th●● world : if my Kingdom were of this 〈◊〉 , then w●ul● my servants fight , that I should n●t be ●●l●v●r●d to the ●●ws ; but now is my Kingdom not from ●ence . And this being said upon the Accusation the Iews had given against him to Pilate , that he call'd himself a King , charging him upon his friendship to Cesar , to put him to death , CHRIST ▪ S answer shews that earthly Kings need apprehend no prejudi●● from his Kingdom , since it not being about worldly things , was not to be ●ought fo● . Isot. Speak plainly , do you mean by this that CHRIST should have no Kingdom upon Earth ? which I fear too many of you desire , since you press this so warmly . But consider you not that by this CHRIST only means he was not to set up a Temporal Dominion upon Earth , to ●ustle Cesar from his Throne , such as the Iews expected from their Messiah ; and therefore this place is indeed strong against the pretences of some Carnal Fifth-Monarchy Men , but is ill adduced to condemn defence , when we are unjustly assaulted by a persecuting Tyrant . See p. 25. Crit. It is no new thing to find the sincere Doctrine of the Gospel misrepresented by Sons of Belial ; but learn the difference betwixt a Kingdom of the World , and in the World , and so temper your Passion . CHRIST must have a Kingdom in the World , but not of it . And the greatest hazard of a pretending King , being the raising of Wars and Commotions upon his Title , CHRIST'S words are not truly commented on by the practice of his Servants , unless they sec●re Princes from their Fears of their raising Wars upon his ●itle : Therefore as the sighting at that time , for preserving CHRIST from the Iews , had been contrary to the nature of his Spiritual Kingdom ; to the Rule of the Gospel binding all the succeeding Ages , of the Church , no less than these to whom it was first delivered , what was then contrary to the nature of CHRIST'S Kingdom , will be so still . And to this I might add the Doctrine of Peace so much insisted on in the New Testament it being the Legacy CHRIST left to his Disciples , which we are commanded to follow with all men , as much as is possible , and as in ●s lies . And if with all men , ●●re much more with the Magistrate . And S. Paul's words in the xiii . to the Romans are so express , that methinks they should strike a terror in all men from resisting the Superior Powers , le●t they resist the ordinance of GOD , and receive damnation . And it is observable , that S. Paul , who , as a Zealot , had formerly persecuted the Christians , doth now so directly contradict that Doctrine , which was at that time so horridly corrupted among the Iews . This place is so express , that it needs not the advantages may be given to it , either from the consideration of the power the Roman Empire had usurped over the World , or from the Emperor who then reigned , who must have been either Claudius or Nero : and if the former , we find ▪ Ac●s 18.2 . that he banished all the Iews , from Rome , and with them the Christians , not being distinguish●d by the Romans from the Iews , were also banished : and here was a driving of Christians from Rome , which you will not deny to have been a Persecution . But if it was Nero , we know very well how the Christians were used by him . But these words of S. Paul being as at first addressed to the Romans , so also designed by the holy Ghost to be a part of the Rule of all Christians , do prove , that whoever hath the Supreme Power , is to be submitted to , and never resisted ▪ Isot. If you were not in too great a haste , you would not be so forward , consider therefore the reason S. Paul gives for s●bmission to Superior Rulers , is , because they are the Ministers of GOD for good . If then they swe●ve from this , they forsake the end for which they are raised up , and so fa●l from their power and right to our obedience . Basil. Truly what you have said makes me not repent of any haste I seemed to make ; for what you have alledged p●oves indeed that the Sovereign is a Minister of GOD for good , so that he corrupts his power grosly when he pursues not that design : but in that he is only accountable to GOD , who●e Minister he is . And this must hold good , except you give us good ground to believe that GOD hath given authority to the Subjects to call him to account for his trust ; but if that be not made appear , then he must be left to GOD , who did impower him , and therefore can only ●oerce him . As one having his power from a King , is countable to none for the administration of it , but to the King , or to these on whom the King shall devolve it : so except it be proved , that GOD hath warranted Subjects to call their Sovereigns to account , they being his Ministers , must only be answerable to him . And according to these Principles of yours , the Magistrate● authority shall be so enervated , that he shall no more be able to serve these designs , for which GOD hath vested him with Power : every one being thus taught to shake off his Yoak when they think he acts in prejudice of Religion . And here I shall add one thing which all Casuists hold a safe Rule in matters that are doubtf●l , that we ought to follow that side of the doubt which is freest of hazard ; here then damnation is at least the seeming hazard of resistance ; therefore except upon as clear evidence you prove the danger of absolute submission to be of the same nature that it may ba●●ance the other ; then absolute submission , as being the securest ▪ is to be followed . Next , we find Saint Peter , 1 Pet. 2.13 . &c. who being ●et infecte● with the spirit of a Iewi●h zealot , had drawn the Sword ; afterwards when ind●e● with power from on High , at length pressing the doctrine of Obedience adding that the p●et●nce of the Christian freedom should not be made a Cloak of maliciousness . And this submission he recommends not only to Subjects , whose obedience was more easie , but to servants who were under a heavier Yoak , according to the Laws of servitude , both among the Iews and the Romans : and he tells them , That when they did well , and suffered for it , and took it patiently , that was acceptable . Withal adding , For even hereunto were you called ; becau●e CHRIST also suffered for us , leaving us an example , that we should follow his steps . Further , it is to be considered how the Iew ▪ s d●d upon the first prea●hing of the Gospel persecute the Ch●isti●●s every where : S. Stephen was stoned , and Saul got Commissions for making havock of the Church● b●● because this was done by the autho●ity of the San●●drim , no resistance was made them , though since at two Sermons we hear of 〈◊〉 Converts , we may be induced to believe their number was great . And from hence sub●●me that the case of persecution being then not only imminent , but also present ▪ besides the grievous persecutions were abiding the Churches for three Centuries ) it must be confess●● to be strange , that the matter of resistance being at least so dubious , no decision should be given about it in the New Testa●●nt ; nothing being alledged from it that hath any aspect that way . And indeed I cannot conceal my wonder at them who plead so much the authority and fulness of Scripture , to reach even the rituals of Worship and Government , and yet in so great a matter adventure on a practice without its warrant . Truly Isotimus , if these things prevail not with you , beyond your little small shufflings , I doubt it is because you have lost the Standard to measure Reason by , and have given up your J●dgment to your passions and interests . Isot. I am far from denying the Doctrine of the Cross to be a great part of these duties we are bound to in the Gospel ; but this must not be stretched too far , lest it infer an obligation on us to submit to a forein Prince , the Turk , or any other , if he come by force to impose on us the Alcoran , under a pretence of suffering for Religion . See pag. 27 , and 28. Basil. Truly when I hear how much weight is laid on what you have now said , as if it amounted to a demonstration against all hath been hitherto adduced ; I am in doubt whether to pity their weakness , or blame their perv●●sness , who dare adventure on that , the punishment whereof the holy Ghost hath made damnation , upon such mistakes : for God hath put the Sword in their hands who have the Sovereign Power , which they bear not in vain ; for they are the Ministers of God , and his Revengers , to execute wrath on him that doth evil : The Magistrates then are both by the Laws of God , and of all Nations , the Protectors of their Subjects , and therefore Tributes and Customs are due to them , for defraying the expence to which that must put them ; and Prayers are to be offered up for them , that we may lead a quiet and peaceable life in all godliness and honesty . If then a forein Prince invade a Country , under whatever pretence , the Sovereign is bound to defend his Subjects , with the Sword GOD hath put in his hand , which comes to be a most lawful War on his side ; nay such , as he were a betrayer of his trust , if he omitted it . I●ot . But what if our Prince should consent to such an Invasion , and expose his Subjects to be a prey to such an Invader , must they look on and see themselves destroyed , upon the pretence that GOD hath not put the Sword in their hands , and therefore they must not take it ; and because Christ's Kingdom is not of this World , therefore they must not fight for him ? Basil. You suppose a Case not like to fall out in haste ; but were it real , that Invader having no Title to that peoples obedience , they may make use of the right of Nature which allows to one out of a Society forcible self-defence , if violently assaulted : and therefore such hostile invasion , be it upon what pretence soever , may be as lawfully resisted , as one private Man may resist another in his own defence , if he threaten to kill him , unless he renounce GOD. If then one Man may resist another , so may more men resist a great force coming against them : for to us who live here , the Grand Seignior is but a fellow of our nature , and hath no right over us , no more than one private person hath over his Neighbour . And if you do not acknowledg a great difference betwixt such an asserting of our Liberties , from one that hath no Title to them , and the resisting of a lawful Magistrate , though unjustly persecuting his Subjects , you must be set to your horned book again . Isot. But at least you will confess that private Men living in a settled Society , have no title to the Sword , according to your Principles ; must we then yield out Throats to a Robber that assaults us on the High way ? Or to come nearer you , if one threaten to kill us . if we yield not to their Religion , must we give way to their fury ? Basil. Remember still how I told you , that Men living out of Societies have a ●ight to self-defence , and when they come under Societies , they retain all their former rights , such only excepted as are by the law● of the Society judged inconsistent with its order and peace : therefore resisting of the Supreme Powers , or those having their authority , being only discharged , the right of self defence against equals still remains intire , so that a private person may claim it or not , as he will : and therefore in the case of such an Aggressor , the Laws of Nature and Nations do warrant me to use force when assaulted ; yet if a greater consideration appear , and it be evident that my giving way to such unjust force will be more for the honour of the Gospel , if I resist , I do not sin , but do well ; but if I resist not , certainly I do better . End. I have been a witness to this Discourse , not without much pleasure , and do acknowledg my self fully convinced of the necessity of obedience , and submission to the Supreme Power , since without that be once established , as the foundation of Societies , I see not what peace or order can be looked for , but every one will take on him to judg the Law-giver : and if he have so much power or policy as to make a party , he will never want pretences , chiefly about Religion , considering in how many various opinions the Christian world hath divided about it . And it is a poor Answer to say , it must be the true Religion that we should defend , since it is to be supposed every one judgeth the Religion he is of to be the true one : If then according to that Doctrine , Religion be to be defended ; certainly though the Religion be wrong , yet every one oppressed in his Cons●i●nce , and judging it to be according to truth , is bound to defend it ; since even an erring conscience doth at least tie , if not oblige . For the common resolution of Casuists being that a Man under an erroneous Conscience , is yet to follow its dictates , though he sin by so doing : then all parties that are oppressed , ought to vindicate what they judg to be the truth of GOD. And by this you may see to what a fair pass the peace of mankind is brought by these Opinions . But mistake me not , as if I were here pleading for s●●mission , to patronize the tyranny or cruelty of persecuting Princes , who shall answer to God for that great trust deposited in their hands ; which if they transgress , they have a dear account to make to him who sits in heaven and laughs at the raging and consultings of these Kings or Princes , who design to throw off his Yoak , or burst his bonds in sunder . He who hath set his King upon his holy H●ll of Zion , shall rule them with a rod of Iron , and break them in pieces as a Potter's Vessel . And he to whom vengeance doth belong , will avenge himself of all the injuries they do his truths , or followers : but as they sin against him , so they a●e only countable to him . Yet I need not add what hath been often said , that it is not the name of a King , or the ceremonies of a Coronation , that cloaths one with the Sovereign Power ; since I know there are , and have been titular Kings , who are indeed but the first Persons of the State , and only Administrators of the Laws , the Sovereign Power lying in some Assembly of the Nobility , and States , to whom they are accountable . In which Case , that Court to whom these Kings must give account , is the Supreme Judicatory of the Kingdom , and the King is but a Subject . Isot. But doth not the Coronation of a King , together with his Oath given , and the consent of the People demanded at it , prove him to have his Power upon the Conditions in that Oath ? And these Oaths being mutually given , his Coronation Oath first , and the Oath of Allegiance next , do shew it is a Compact ; and in all mutual Agreements , the nature of Compacts is , that the one party breaking , the other is also free . Further , Kings who are tied up , so that they cannot make , nor repeal Laws , nor impose Taxes without the consent of the States of their Kingdom , shew their Power to be limited , and that at least such Assemblies of the States share with them in the Sovereign Power , which is at large made out by Ius populi . Basil. It is certain there cannot be two co-ordinate Powers in a Kingdom ; for no man can serve two Masters : therefore such an Assembly of the States must either be Sovereign or subject ; for a middle there is not . As for the Coronation of Princes , it is like enough that a● first it was the formal giving their Power to them ; and the old Ceremonies yet observ'd in it , prove it hath been at first so among us : But it being a thing clear in our Law , that the King never dies , his Heir coming in his place the very moment he expires , so that he is to be obeyed before his Coronation , as well as after ; and that the Coronation is nothing but the solemn inaugurating in the Authority which the King possessed from his Father's death , shews , that any Ceremonies may be used in it , whatever the original of them may have been , do not subject his Title to the Crown to the Peoples consent . And therefore his Coronation Oath is not the condition upon which he gets his Power , since he possess'd that before ; nor is it upon that Title that he exacts the Oath of Alegiance , which he likewise exacted before his Coronation . This being the practice of a Kingdom passed all Prescription , proves the Coronation to be no compact betwixt the King and his Subjects : And therefore he is indeed bound by his Coronation Oath to God , who will be avenged on him , if he break it , so the matter of it were lawful : but the breaking of it cannot forfeit a prior Right he had to the Peoples Obedience . And as for the limitations Kings have consented to pass on their own Power , that they may act nothing but in such a form of Law , these being either the King 's free Concessions to the People , or restraints arising from some Rebellions , which extorted such Priviledges , will never prove the King a Subject to such a Court , unless by the clear Laws and Practices of that Kingdom , it be so provided , that if he do malverse , he may be punished ; which when made appear , proves that Court to have the Sovereign Power : and that never weakens my design , that Subjects ought not to resist their Sovereign . Philar. You have dwelt , methinks , too long on this , though considering the nature of the thing , it deserves indeed an exact discussion : yet this whole Doctrine appears so clear to a discerning Mind , that I cannot imagine whence all the mist is raised about it can spring , except from the corrupt Passions or Lusts of men , which are subtle enough to invent excuses , and fair colors , for the blackest of Crimes . And the smoak of the bottomless pit may have its share , in occasioning the darkness is raised about that , which by the help of the light of God , or of reason , stands so clear and obvious . But when I consider the instances of sufferings under both Dispensations , I cannot see how any should escape the force of so much evident proof as hangs about this opinion . And if it had been the Peoples duty to have reformed by the force of Arms under the Old Dispensation , so that it was a base and servile Compliance with the Tyranny and Idolatry of their Kings , not to have resisted their subverting of Religion , and setting up of Idolatry , where was then the fidelity of the Prophets , who were to lift up their voices as Trumpets , and to shew the house of Iacob their iniquities ? And since the watch-man who gave not warning to the wicked from his wicked way , was guilty of his Blood , I see not what will exc●se the silence of the Prophets in this , if it was the Peoples duty to reform : For it is a poor refuge to say , because the People were so much inclin'd to Idolatry , that therefore it was in vain to exhort them to reform ; ( See pag. 10 , 11. ) since by that Argument you may as well conclude it to have been needless to have exhorted their Kings to Reformation , their inclination to Idolatry being so strong : but their duty was to be discharged , how small soever the likelihood was of the Peoples yielding obedience to their warnings . If then it was the Peoples duty to reform , the o●ission of it was undoubtedly a Sin ; how then comes it that they who had it in commission to cause Ierusalem to know her abominations , under so severe a Certificate , do never charge the People for not going about a popular Reformation , nor co●rcing these wicked Kings who enacted so much Idolatry , backing it with such Tyranny , nor ever require them to set about it ? I know one hath pick'd out some Expressions , ( See Answer to the Letter to the Author of Ius populi ) which to his thoughts sound that way : but truly they are so remote from the sense he stretches them to , that I should wonder much at his Glosses , did I not know that the Bell seems often to ring the hearer's fancy . From these , let us pass to the instances of the first Christians , who endured the sharpest Persecutions with the greatest patience . Polyh . Here is a large Theme for much discourse , if I should adduce all might be said on this head . Indeed the Persecutions the Christians groaned under for three hundred years , are such , that scarce can they be read without horror ; the last especially , which continued for about twenty years under Dioclesian , and his Colleagues and Successors ; and by the number that suffered , we may easily guess what the strength of the Christians was . But this can be doubted by none who have ever looked upon History . Pliny lib. 10. Ep. 97. writes to Trajan ( which is reckoned to have been the 104. year of Christ ) that in Pontus and ●ithynia , where he was then Pro●onsul , there were many Christians of all Ages , Ranks and Sexes : and that not only in the Cities , but through the Villages and Country Places : that the Temples were almost desolate , the Sacrifices long intermitted , and that none almost were found to buy the Victims . The number of the Christians being so early risen to that height , we may easily imagine to what it swelled before Constantine's times : not long after that , we find a whole Legion of Marcus Aurelius his Army to have been Christians . And if we believe Tertullian , their numbers were formidable in his time ; for after he had purged the Christians of his times from the designs of doing mischief to their Enemies by stealth , he adds , Apol. cap. 37. Should we carry towards you not as secret avengers , but as open enemies , would we want the strength of numbers and armies ? Are the Maurs , the Marcomans , or the Parthians themselves , or any Nations shut up within their own Country or bounds , more than the whole World ? We are strangers to you , and yet we fill all your places , your Towns , your Islands , your Castles , your Villages , your Councils , your Camps , your Tribes , your Decuries , your Palaces , your Senate , and your Market place : Only we come not to your Temples , but abandon those to you . To what War had we not been both fit and ready , even tho our Forces had been fewer , who are butcher'd so willingly , if our Discipline did not allow us rather to be killed than to kill ? And he goes on , telling that such was the number of the Christians , that would they but change their dwellings , and leave the Roman Empire , it would have thereby become an amazing Solitude , since almost all their Citizens were Christians . And the same writer saith elsewhere , ad Scap. cap. 2. That tho the Romans who were Idolaters , were found guilty of many Conspiracies against their Emperors , yet never were any Christians found guilty of these Practices . And adds , That a Christian was no mans enemy , much less the Emperors ; but knowing him to be constituted by God , he doth find himself bound to love , reverence , honor , and wish well to him , with the whole Roman Empire , as long as the World lasts . Therefore , saith he , We worship the Emperor so as befits him , and is lawful for us , as a man next God , who hath obtained all he hath from GOD , and is inferior to none , but God only . And a little after , Cap. 5. he tells us of the numbers of the Christians , and how undaunted they were at the Persecution ; so that when one Arrius Antoninus in Asia , was persecuting the Christians , the whole City ran to his Tribunal , declaring themselves Christians . And he adds , If the like were to be done at Carthage , what would become of all the thousands were there , of every Sex , Age and Rank ? From this we may guess both of the strength and numbers of the Christians of that time , and yet there was not the least inclination among them to resistance . If any doubt the truth of what Tertullian saith , as is p. 30. he must charge him with very much Impudence , who durst offer such writings to the Heathens , in matters of fact , which could not but be notoriously enough known : Neither do I adduce these places , because I lay so much weight on Tertullian's opinion in this matter , but because he shews us what was the sense of the Christians of his time . A little after him Cyprian lived , who also tells us , ad Demetrianum , That none of the Christians when apprehended , struggled with those who seized on them , nor avenged themselves of that unjustice , though their number was great and copious : But their belief of the Vengeance sh●uld follow on their Persecutors , made them patient , so that the Innocent yielded to the Guilty . And we may judge of the number of the Christians of that Age , by what Cornelius who was Bishop of Rome , anno 254. in Euseb. 6. Book , cap ▪ 43. tells of the State of the Roman Clergy in his time , how there were in it 46 Presbyters , 7 Deacons , 42 Acolyths , 52 Exorcists , Lectors and Porters , and of Widows and poor Persons 150● , and where so many Poor were maintain'd , you must confess the number of the Christians was very great . But if we go to D●●clesian's time , we find the number of the Christians incredible ; and the Cruelties used against them to have been such , that ●ell could devise nothing beyond them . Some were burnt alive , others had boiling Lead poured on them , others had their flesh and joints to●n off them by burning Pince●s , others were broken to pieces , others stretched all out of joint , others hanged up by the Thumbs and cut in slices , others hanged up by-the heels . And this was universal through the whole Empire , and to such a degree , that it continued for many years ; and in Egypt alone they were often killed by hundreds a day , as Eu●ebius tells , who was a witness to much of it . And Godean reckons , that in one month there were seventeen thousand Martyrs killed : and during that persecution in the Province of Egypt , there were an hundred fo●ty and four thousand , who died by the violence of their Persecutors , and seven hund●ed thousand who died through the fatigues of Banishment , or of the publick works , to which they were condemned . I had almost forgot one sort of persecution , which as it was the most dreaded , so hath in it that which could not but provoke all to the utmost of horror and despair , which was the prostituting of their Virgins , more dreaded than any death . But among all these vast numbers , none offered to resist with the Sword● : and yet they were so marvellously assisted by God , that in their sufferings they expressed the greatest joy in God , by their Hymns and Psalms , and the most of mildness to their Persecutors . And dare you say , Isotimus , that these were a stupid self-murdering Crew ? Or do you think that had they been guilty of such a Crime , as you seem to fasten on the Doctrine of absolute submission ; God had appeared for them in such a signal manner , to the conviction and horror of their Persecutors ? I confess there is no piece of Story I read with such pleasure as the accounts are given of these Martyrs ; for methinks they leave a fervor upon my mind , which I meet with in no study , that of the Scriptures being only excepted . Say not then they were not able to have stood to their own defence , when it appears how great their numbers were : Or shall I here tell you the known Story of the Thebean Legion , which consisted of 6666. who being by Maximinus Herculeus , an . 287. pressed in the Oath they gave the Emperor to swear upon the Altars of the Idols , withdrew from the Camp eight miles off ; and when he sent to invite them to come and swear as the others had done ; they who commanded them answered in all their names , That they were ready to return and fight stoutly against the Barbarians ; but that being Christians , they would never worship the Gods. Whereupon the Emperor caused tith them , which they received with such joy , that every one desired the lot might fall on himself . And this prevailing nothing on them , he tithed them a second time ; and that being also without effect , he caused to murder them all , to which they submitted without resistance . And it is not to be denied , but such a number being driven to such despair , and having so much courage as to dare to die in cold bloud , might have stood to their defence a great while , and at least sold their lives at a dear rate , especially they having got off eight miles from the Army . Were it my design to back these instances with the great authorities of the most eminent Writers of the Church in these times , I should grow too tedious : but this is so far from being denied , that the only way to escape so strong an assault , is to study to detract from these holy Men by enquiring into any over-reachings , to which their fervor might have engaged them . Isot. All their practices are not binding upon us , for many of them did precipitate themselves into hazards , others were against flight , & others against resisting of private assailants , who without warrant came to murder them ; therefore the Spirit that acted in them , tho it produced effects highly to the honour of the Gospel , is not to be imitated by us : yet on the other hand , I acknowledg we ought to be slow to judg them . One thing is observable , that Maximinus was resisted by the Armenians , when he intended to set up Idolatry among them . Constantine also invaded Licinius when he persecuted the Christians in the East : and the Persians , when persecuted by their King , implored the help of the Roman Emperor . Besides , I have seen a Catalogue of many instances of resistance used in some Cities , when their good Bishops were forced away from them , which shews they were not so stupid as you design to represent them . See pag. 29 , &c. and Ius popul● at length . Basil. It is certain all Christians have one Law and Rule ; and the Laws of Nature are eternal and irreversible : if then the Law of Nature engage us to self-defence , it laid the same ties on them : therefore except you turn Enthusiast , you must say , th●t what is a Duty , or a sin now , was so then likewise ; and so you must either charge that Cl●ud of Witnesses with brutish stupidity , otherwise acuse our late forwardness of unjust resistance , since one Rule was given to both ; and contradicting practices can never be adjusted to the same Rule . And for these invidious aspersions you would fasten on them , as if they had not unde●stood their own Liberties , they are but poor escapes ; for it being already made out that violent resistance even of an equal , is not a Law , but a ●ight of Nature ; if they thought it more for the glory of the Gospel to yield even to private injuries , who are we to tax them for it ? But for flying from the Persecutors , it is true Tertullian condemned it , but that was neither the opinion nor practice of the Ch●istians in these Ages . As for what you alledg about the resistance made by the Armenians to Maximinus , I wish your friend had vouched his Author for what he saith of them ; for I am confident he is not so impudent as to prove a matter of fact done twelve Ages ago , by a Writer of this Age. All I can meet with about that , is from Euschius , lib. 9. cap. 6. who tells , That in these times the Tyrant made War against the Armenians ( men that had been of old Friends and Auxiliaries to the Romans ) whom because they were Christians , and were pious , and zealously studious about divine matters , that hater of GOD , intending to force to worship the false Gods and Devils , made to become Enemies instead of Friends , and Adversaries instead of Auxiliaries . And in the beginning of the next Chapter , he tells how in that War he and his Army received a great defeat . Now how you will infer from this , that Subjects may resist their Sovereign for Religion , I see not : for these Armenians were his Confederates , and no● his Subjects : and it is clear by the account Eusebius gives , that Armenia was not a Province , nor governed by a Prefect , as were the Provinces . Besides , consider how Maximinus came in the fag-end of that great persecution begun by Dioclesian and Herculius , continued by Gal●rius , and consummated by Maximinus himself , in which for all the numbers of the Martyrs , and the cruelty of the Persecution , there was not so much as a Tumult : which makes it evident the Christians at that time understood not the Doctrine of Resistance . But the Armenians case varying from that of Subjects , it was free for them to resist an unjust Invader , who had no Title to their Obedience . For your Story of Licinius , the true account of it will clear mistakes best ( as it is given by Eus. 10. cap. 5. ) Constantine after he turned Christian , being then Emperor of the West , called for Licinius , whom Galerius had made Emperor in the East , and they both from Millain gave out Edicts in favour of the Christians , giving them absolute liberty , and discharging all persecution on that account , which is reckoned to have been in the year 313. afterwards he allied with Licinius , and gave him his Sister in marriage , and acknowledged him his Colleague in the Empire . But some years after that Wars arose betwixt them , which Zosimus and Eutropius impute to Constantine's ambition , and impatience of a Rival : but if we believe the account Eusebius gives of it , Licinius provoked with envy at Constantine , and forgetting the Laws of Nature , the bonds of Oaths , alliance and agreement , raised a pestiferous and cruel War against him , and laid many designs and sna●es for his destruction , which he attempted long by secret and fraudulent ways , but these were always by GOD's Providence discovered , and so Constantine escaped all his designed mischief : At length Licinius finding his secret Arts did not succeed , he openly made War against Constantine . And as he was preparing for it , he made War likewise against GOD , and persecuted the Christians , because he apprehended they all prayed for Constantine , and wished him success ; whereupon he made severe Laws against the Christians , forbidding the Bishops ever to meet among themselves , or to instruct any Women : afterwards he banished all that would not worship the Gods , and from that he went to an open Persecution ; and not content with that , he by severe Laws discharged any to visit and relieve such as were in Prison for the Faith. Yet notwithstanding all this , none that were under his part of the Empire did resist him ; nay , not so much as turn over to Constantine against him , for ought that appears : But upon these things a War followed betwixt Constantine and him , wherein Licinius was defeated , and forced to submit to what conditions Constantine was pleased to give ; who took from him Greece and Illyricum , and only left him Thrace , and the East . But Licinius returning to his old ways , and breaking all agreements , a second war followed , wherein Licinius was utterly defeated , and sent to lead a private life at Thessalonica , where he was sometime after that killed , because of new designs against Constantine . This being the true account of that Story , I am to divine what advantage it can yield to the cause of Subjects resisting thei● Sovereign ; for here was a Superior Prince defending himself against the unjust attempts , and hostile incu●sions of his Enemy , who was also inferior to him , as Eusebius states it : whom consult . 10. Book , 8. ●● . and 1. Book of Const. life , ch . 42. and 2. Book , ch . 2 , &c. And for your instance of the Persians imploring the aid of the Romans , I am afraid it shall serve you in as little stead : for the account Socrates gives of it ( lib. 7. cap. 18. ) is , that Baratanes King of Persia , did severely persecute the Christians , whereupon the Christians that dwelt in Persia , were necessitated to fly to the Romans , and beseech them not to neglect them who were so destroyed , they were kindly received by Aticus the Bishop of Constantinople , who bent all his care and thoughts for their aid , and made the matter known to Theodosius the second then Emperor : but it happened at that tune the Romans had a quarrel with the Persians , who had hired a great many Romans that wrought in Mines , and sent them back without paying the agreed hire ; which quarrel was much heightned by the Persian Christians complaint ; for the King of Persia sent Ambassadours to remand them as fugitives : but the Romans refused to restore them , and not only gave them Sanctuary , but resolved by all their power to defend the Christian Religion , and rather make War with the Persians , than see the Christians so destroyed . Now it will be a pretty sleight of Logick , if from Subjects flying from a Persecution , and seeking shelter under another Prince , you will infer that they may resist their own King. And for Theodosius his War , we see other grounds assigned by the Historian : and the Politicks even of good Princes in their making of Wars , must not be a Rule to our Consciences : neither know I why this instance is adduced , except it be to justifie some who are said ( during the Wars betwixt their own Sovereign and the Country where they lived ) to have openly prayed for Victory against their Country , and to have corresponded in opposition to their native Sovereign . But I must next discuss that Catalogue of Tumults in the fourth and fifth Century , which are brought as Precedents for the resisting of Subjects : and here I must mind you of the great change was in Christendom after Constantine's days , before whom none were Christians , but such as were persuaded of the truth of the Gospel , and were ready to suffer for its profession ; so that it being then a Doctrine objected to many Persecutions , few are to be supposed to have entred into its discipline without some Convictions about it in their Consciences : but the case varied much after the Emperors became Christian ; so that what by the severity of their Laws , what by the authority of their Example , almost all the World rendered themselves Christian ; which did let in such a swarm of corrupt men into the Christian Societies , that the face of them was quickly much changed , and both Clergy and Laity became very corrupt , as appears from the complaints of all the Writers of the fourth Century : what wonder then if a tumultuating Humor crept into such a mixed multitude ? And indeed most of these instances which are alledged , if they be adduced to prove the corruption of that time , they conclude but too well : But , alas ! will they have the authority of Precedents , or can they be look'd upon as the sense of the Church at that time , since they are neither approved by Council or Church-Writer ? And truly the Tumults in these times were too frequent upon various occasions ; but upon none more than the popular elections of Bishops , of which Nazianzen gives divers instances , and for which they were taken from the People by the Council of Laodicea , Can. 13. It is also well enough known how these Tumults flowed more from the tumultuary temper of the People , than from any Doctrine their Teachers did infuse in them . And therefore Socrates lib. 7. cap. 13. giving account of one of the Tumults of Alexandria ( made use of by your Friends , as a Precedent ) tells how that City was ever inclined to Tumults , which were never compesced without blood . And at that time differences falling in betwixt Orestes the Prefect , and Cyril the Bishop , who was the first that turned the Priesthood into a temporal Dominion , they had many debates : for Orestes hating the power of the Bishops , which he judged detracted from the Prefect's authority , did much oppose Cyril ; and Cyril having raised a Tumult against the Iews , wherein some of them were killed , and the rest of them driven out of the City , Orestes was so displeased at that , that he refused to be reconciled with him ; whereupon 500 Monks came down from Nitria to fight for their Bishop , who set on the Prefect , and one of them named Ammonius , wounded him in the head with a stone ; but the People gathering , they all fled , only Ammonius was taken , whom the Prefect tortured till he died ; but Cyril buried him in the Church , and magnified his Fortitude to the degree of reckoning him a Martyr , of which he was afterwards ashamed . And their being in Alexandria at that time a learned and famous Lady , called Hyppatia , whom the People suspected of inflaming the Prefect against the Bishop , they led on by a Reader of the Church , set on her , and dragged her from her Chariot into a Church , and stript her naked , and most cruelly tore her body to pieces , which they burnt to ashes . And this , saith the Historian , brought no small Infamy , both on Cyril , and on the Church of Alexandria , since all who profess the Christian Religion , should be strangers to killing , fightings , and such like . Truly , Sir , he that will found the Doctrine of Resistance on such grounds , hath a mind on very easie terms to run himself upon Condemnation . And yet such like are the warrants your Friends bring from Church History . Therefore I see there is yet good ground to assert that Doctrine was unknown in the Christian Church , till the times wherein the Popes pretended to the Temporal Power over Princes : all whose plea was managed upon the grounds of the great Importance of Religion to be preferred to all human Interests , and that Christ had told his Disciples to buy a sword ; and that Princes being the Ministers of God , were to be no longer acknowledged , than they observed that design for which they were set up . Only in one particular , less disorder may be apprehended from the pretensions of the Roman Bishops , than from these Maxims that put the power of judging and controuling the Magistrate in the Peoples hands , which opens a door to endless confusions , and indeed sets every private Person on the Throne , and introduceth an Anarchy , which will never admit of order or remedy ; whereas these who had but one pretender over them , could more easily deal with him , and more vigorously resist him . Isot. You have said very many things from History , which I shall not at this time undertake to examine : but I am sure it hath been both the Practice and Doctrine of the Reformed Churches , that in case of unjust Tyranny , the States of a Kingdom may put a stop to the fury of a King : and therefore where the Reformation was opposed by Cruelty , it was also defended by Arms. And let me add , that I believe your great quarrel at this Doctrine , is , because the practice of it was so great a mean of preserving the Reformation , which though , in good manners , you must commend , yet I am afraid you hate it in your heart . Philar. Whether you or we be greater friends to the Reformation , let the world judge by this one Indication , that you study to draw all can be devised for the staining it with blood , which is the constant calumny of its adversaries , whereas we offer with the clearest evidences to evince its Innocence . But let me premise the distinction of Doctrine from Practices ; and tho some unjustifiable Practices appear , these must never be charged on the Reformed Churches , unless it be made appear they were founded on their Doctrine . Besides , the Reformers coming out of the corruptions of Poper● , in which the Doctrine and Practice of Resistance upon pretences of Religion were triumphant , it will not be found strange tho some of that ill-tempered Zeal continued still to leaven them . But for their Doctrine , I take the Standart of it to be in the Confessions of the several Churches ; all which being gathered in one harmony , we are in the right scent of their Opinions , when we search for them there . Now the Doctrine of resisting of Magistrates is by divers of their Confessions expressly condemned , but in none of them asserted . It is true , there were some ambiguous expressions in our Scots Confession , registred in Parliament Anno 1567 , for Art. 14. among the transgressions of the second Table , they reckon to disobey or resist any that God hath placed in authority , while they pass not over the bounds of their office ; which seems to imply the lawfulness of Resistance when they so transgress : but besides that it is not clearly asserted , and only inferred , this doth not determine what the bounds of the Magistrate's Office are : And if it be found that his Office is to coërce with the Sword , so as to be accountable to none but to God , then no Resistance will follow from hence , except of a limited Magistrate who is accountable to others . The same Explication is to be given to that part of the 24. Art. where all such are condemned who resist the Supream Power , doing that thing which appertaineth to his charge . But in the same Article the Magistrate is called God's Lieutenant , in whose Sessions God himself doth sit and judge . But with this , it is to be considered , when that Confession was ratified in Parliament , even when no Sovereign was to look to the clearing of any ambiguities , which might have-been upon design by some , and through the neglect of others , let pass . The Confessions of the other Churches are unexceptionably plain , and without restriction in the point of subjection : For what seems like a Restriction in the French Confession ( that the yoke of subjection is willingly to be born , though the Magistrates were Infidels , provided that God's Sovereign authority remain entire and uncorrupted ) imports nothing , but that our subjection to them , which takes in both Obedience and Suffering , is not to strike out the great Dominion God hath over our Souls , whom we should obey rather than man. And even the Confession of the Assembly of Divines , ratified by the Scots General Assembly , speaks of submission to Authority in absolute terms , without the exception of Resistance in case of Tyranny , Cap. 22. art . 4. It is the duty of People — to be subject to their authority for Conscience sake . Infidelity or difference in Religion , doth not make void the Magistrate's just and legal Aurity , nor fr●e the people from their due obedience to him . If then the Doctrine of Resistance be to be owned as a Law of Nature , and as a part of the Christian Freedom , how came it that it was not more expresly owned in this Confession , especially since it is known to have been the opinion of most of both these Assemblies ? But on the contrary , it seems condemned , and only the undiscerned reserves of just , legal , and due , are slip● in for the defence of their actings . Truly this seems not fair dealing , and such an asserting of Subjection at that time , looks either like the force of truth extorting it , or intimates them afraid , or ashamed to have owned that as their Doctrine to the World. And by this time , I suppose it is clear that the Reformed Churches ought not to be charged with the Doctrine of Resistance . Poly. Nay , nor the Reformed Writers neither , with whose words I could fill much Paper , and shew how they do all generally condemn the resistance of Subjects : and when any of them gives any Caveat to this , it is not in behalf of the People , but of the States of the Kingdom , who , they say , perhaps are impowered with authority to curb the tyranny of Kings , as the Ephori among the Lacedemonians , the Tribuns of the people , and the Demarchs in Rome and Athens . Now it is acknowledged , that if by the Laws of the Kingdom it be found that the King is accountable to the States , then their coercing of him is not the resistance of Subjects , but rather the managing of the Supreme Power which lies in their hands . If then you will stand to their decision in this Point , of the Peoples resisting of their Sovereigns , though Tyrants , the debate will not run long , they being so express . And this will be nothing shaken by any thing you may alledge in some corner of a Peter Martyr , or some other Persons of less name ; for as from the same Writers , other places may be brought to the contrary ; so what can these serve to enervate so much evident proof ? Besides , we are not to consider the Writings of some particular Persons , so much as what hath been the generally received opinion among the Protestant Writers , and most taught in their Pulpits and Schools . And whoever will attempt the contradicting that this hath been for absolute submission , it must be confessed to be hard to determine , whether his ignorance be most to be pitied , or his confidence most wondered at . By these things all may guess , if there be not strong grounds to apprehend the Reformed Churches must be innocent of that , which both their Confessions disown . and their Writers condemn . Isot. I confess the Author of the Dialogues did with great confidence undertake the refuting of what is generally acknowledged about resistance used by the Reformed Churches : but his Answerer hath so refuted all he alledgeth from History , that I am confident he repents of his undertaking : and were it to be done again , perhaps he would think on other tasks , than to attempt what hath miscarried so in his hand , that truly I cannot but pity him in my heart . Eud. It will be strange if he be so much mistaken as your Author represents him , yet his design in that was so good to deliver the Reformation from such a Challenge , that methinks he deserved a little better usage than your Friend bestows on him . But I am much deceived if he be not able to make good all was asserted by him : let us therefore hear what Polyhistor saith on these matters . Isot. Begin then with the matter of the Albigenses , where force was used against Simon Montfort , who had not only the permission of the French King , as is acknowledged , but was assisted by him by 15000. men , which is vouched by some Authors : Besides , that the cruelties then used ( which are made use of to aggravate their not resisting the King of France ) if pertinently adduced , prove the King of France guilty of accession to them . And the Kings Son , Prince Lewis , coming with an Army afterward , shews all to have been done by the Kings Command . And what is alledged from the Count of Tolouse , his being a Peer of France , by which he was a Vassal , and not a Subject , is to no purpose ; since by the Feudal Law , Vassals are Subjects ; and whatever authority they may have within their own Dominions , they are still Subjects to the Lord of the Feud . See p. 418. Poly. I shall not with big words blow away what you alledg ; but shall examine it from the accounts are given of that War. It is true , the Writers of that time do so strangely misrepresent these Innocents , that little credit is due to most of the Histories about them : but thus much is clear , that the Waldenses were every where persecuted , both in Dauphine , Provence , Piedmont , Calabria , Boheme , and other places , to which they scattered themselves , and fled for shelter : and notwithstanding all the Persecutions they lay under , from the Inquisition in France , they never armed against the King's authority . These about Alby embracing the same Doctrine with the Waldenses , and called from the Country they lived in Albigenses , were thundered against by the Pope , and a Iacobin Monk being killed in their Country , Pope Innocent proclaimed a Crotsade , promising Paradise to all who came and fought against these Hereticks , and avenged the blood of that Monk : and in particular suspecting Raymond Count of Tolouse , he Excommunicated him , and absolved his Subjects from their obedience , permitting any to pursue his Person , and possess his Lands ; with which he wrote to all Christian Princes to come into his Croisade . But the King of France was imployed in Wars both with the Emperor and King of England , and so could not join in it , but gave way to his Barons to take the Cross : And here the King consenting to so cruel an Invasion , did undoubtedly shake much of his right to these Provinces , since he thus exposed them to the fu●y of an unjust Invader ; so that tho they had absolutely rejected his Authority , this had quadrated with the case of a Kings deserting of his Subjects . However the War went on , all managed by the Legate , as the Popes war. But Raymond came and submitted himself to the Pope , yet the Legate went on against Beziers and Carcasson , who had a great deal of reason to resist such an unjust Aggressor . Afterwards the Legate gaping for the County of Tolouse , picked another quarrel with Raymond , and did excommunicate him of new , tho he had got the Popes absolution : whereupon he armed , with the assistance of the King of Arragon , against the Legate , and his General Simon Montfort : but afterwards the King of Arragon was defeated , yet all this while the King of France lay neutral , and would not permit his Son to go against the Albigenses , because he had promised to the King of Arragon to be neutral ; but the King of Arragon being dead , he gave way to it , and so his Son came to the Army : and this must be that which Gulielmus Brito confounds with the beginning of the War. This also is that Affair which the Centuriators say Philippus Augustus had with the Albigenses . But the Legate fearing the numbers Prince Lewis brought with him , and apprehending he might have possessed himself of the other places which belonged to the Albigenses , granted them all absolution , with the protection of the Church ; and assumed the confidence to tell the Prince , that since he had taken the Cross , he was to depend on his Orders , he representing the Pope , and not to command in that Army as the Kings Son ; reproaching him , because his Father had given no assistance to the destruction of the Albigenses when there was need of it : but that after the miraculous Victories had been obtained , he was now come to reap the Harvest of what was due to them who had hazarded their lives for the Church . And for all this , I refer you to the History of the Albigenses , compiled by M. Perrin lib. 1. cap. 12 , &c. But what if by an overplus I should justifie the Count of Tolouse , tho he had armed against the King of France , upon the account of his being a Peer of France , which exempted him from the condition of ordinary Subjects , of whom Pasquier Recherches de France , lib. 2. cap. 8 saith . It was the vulgar Opinion , that they were constituted by Charles the Great , who is believed to have given them almost as much authority as himself had , reserving only to himself the principal voice in the Chapter : but he refutes that vulgar Error , and shews how in the end of the Carolovingian Race , great confusions were in France , partly through the various Pretenders , but more through their folly : at which time , the Crown of France did likewise become Elective : and he shews how Eude , Robert , Raoul , Lewis , surnamed beyond the Sea , Lot hair , and another Lewis , were chosen Kings of France ; and the chief Persons who at that time were most active , were these Dukes , Counts , and Bishops , who afterwards were made Peers . Hugo Capet therefore taking possession of the Crown , for securing himself peaceably in it , did confirm those Peers in that great Authority they had assumed ; which if he had not done , they had given him more trouble . And their constitution was , that if any difference arose , either betwixt the King , and any of the Peers , or among the Peers themselves , it should be decided by the Council of the whole twelve Peers . And he proves from an old Placart , that they would not admit the Chancellor , Connestable , or any other great Officer of France to judg them ; they being to be judged by none , but their fellow Peers . These were also to be the Electors of the King. But Hugo Capet apprehending the danger of a free Election , caused , for preventing it , Crown his Son in his own time , which was practised by four or five succeeding Kings . And Lewis the Gross not being crowned in his Fathers time , met with some difficulty at his entry to the Crown ; which to guard against , he crowned his Son in his own time , and so that practice continued , till the pretence of electing the King was worn out by prescription . Yet some vestigies of it do still remain , since there must be at all Coronations of France twelve to represent the Peers : and by this time , I think it is well enough made out , that the Count of Tolouse was not an ordinary Subject . And as for your confounding of Subject and Vassal , Bodinus lib. de Rep. cap. 9. will help you to find out a difference betwixt them , who reckons up many kinds of Vassals and Feudataries who are not Subjects : for a Vassal is he that holds Lands of a Superior Lord , upon such conditions as are agreed to by the nature of the Feud , and is bound to protect the Superior , but may quit the Feud , by which he is free of that subjection : so that the dependence of Vassals on their Lord , must be determined by the Contract betwixt them , and not by the ordinary Laws of Subjects . And from this he concludes , that one may be a Subject and no Vassal , a Vassal and no Subject , and likewise both Vassal and Subject . The Peers of France did indeed give an Oath of homage , by which they became the Liege●men of the King , but were not for that his S●bjects : for the Oath the Subjects swore , was of a far greater extent . And thus I am deceived if all was asserted by the Conformist in the Dialogues on this head , be not made good . Isot. But since you examine this instance so accuratly , what say you to those of Piedmont , who made a League among themselves against their Prince , and did resist his cruel Persecutions by Armies . See pag. 423. Poly. Truly , I can say little on this Subject , having seen none of their Writings or Apologies , so that I know not on what grounds they went : and I see so much ignorance and partiality in accounts given from the second hand , that I seldom consider them much . Isot. The next instance in History , is , from the Wars of Boheme , where because the Chalice was denied , the People did by violence resist their King , and were headed by Zisca , who gained many Victories in the following War with Sigismund ; and in the same Kingdom fifty years ago , they not only resisted first Matthias , and then Ferdinand their King , but rejected his authority , and choosed a new King : and the account of this change , was , because he would not make good what Maximilian and Rodolph did grant about the f●ee exercise of their Religion : and thus when engagements were broken to them , they did not judge themselves bound to that tame submission you plead for . See p. 424. Poly. Remember what was laid down as a ground , that the Laws of a Society must determine who is invested with the Sovereign Power , which doth not always follow the Title of a King : but if he be accountable to any other Court , he is but a Subject , and the Sovereign Power rests in that Court. If then it be made out that the States of Bohemia are the Sovereigns , and that the Kings are accountable to them , this instance will not advance the plea of defensive Arms by Subjects . That the Crown of Bohemia is elective , was indeed much contraverted ; and was at length , and not without great likelihoods on both sides , of late debated in divers Writings : but among all that were impartial , they prevailed who pleaded its being elective . Yet I acknowledge this alone will not prove it free for the People to resist , unless it be also apparent that the Supreme Power remained with the States , which as it is almost always found to dwell with the People , when the King is elected by them . Bodin doth reckon the King of Bohemia among these that are but Titular Kings : and the Provincial Constitutions of that Kingdom do evidently demonstrate , that the King is only the Administrator , but not the fountain of their Power : which is made out from many instances , by him who writes the Republick of Bohemia , who shews how these Kings are bound to follow the pleasure and Counsel of their States : and in the year 1135 , it was decreed , that the elected Prince of Bohemia should bind himself by his Coronation Oath to rules there set down ; which if he broke , the States were to pay him no Tributes , nor to be tied to any further Obedience to him , till he amended . See Hagecus ad ann . 1135. And this Oath was taken by all the following Dukes and Kings of Bohemia ; which is an evident proof that the States had authority over their Kings , and might judge them . To this also might be added divers instances of their deposing their Kings , upon which no censure ever passed . These being then the grounds on which the Bohemians walked , it is clear they never justified their Resistance , on the account of Subjects fighting for Religion , but on the liberties of a free State , asserting their Religion when invaded by a limited Prince . The account of the first Bohemian War , is , that Iohn Huss and Ierome of Prague , being notwithstanding the Emperors Safe-conduct burnt at Constance , the whole States of Bohemia and Moravia met at Prague , and found that by the burning of their Doctors , an injury was done to the whole Kingdom , which was thereby marked with the stain of Heresie : and they first expostulated with the Emperor and Counsel about the wrong done them ; but no reparation being made , they resolved to seek it by force , and to defend the Religion had been preached by Huss ; and did declare their design to Winceslaus their King ( whom the States had before that time made prisoner twice for his maleversation ) but at that very time he died in an Apoplexy , some say through grief at that . After his death , Sigismund his Brother pretended to the Crown of Bohemia : but not being elected , was not their righteous King : so in the following Wars that were betwixt him and Zisca , the resistance was not made to the King of Bohemia , and therefore all that time was an Interregnum , and is so marked by their Historian , who tells , that the Bohemians could not be induced to receive him to be their King : he indeed invaded the Kingdom , and crowned himself , but was not chosen by the States till fifteen years after that a Peace was concluded , and he with great difficulty prevailed upon the States to ratifie his Co●onation , and acknowledge him their King. See Dub. lib. 24. & lib. 26. And by all this , I doubt not but you are convinced that the Wars of Zasca were not of the nature of Subjects resisting their Sovereign . And for the late Bohemian War , besides what was already alledged of the Power of the States , their War against Ferdinand , and the reason why by a solemn decree they rejected him , was , because he invaded the Crown without an Election , contrary to the fundamental Laws of the Kingdom : hereupon they choosed the Prince Elector Palatine to be their King. It is true , they rose also in Arms while Matthias lived , though he did not long survive these Tumults : but in all their Apologies they founded their plea on the Liberties of the Kingdom of Bohemia . And yet though this say much for their defence , I am none of the Patrons of that War , which had very few defenders among the Protestants . Isot. At length you must yield there was War for defence of Religion : but if without the inclosure of Bohemia we examine the History of Germany , there we meet with that famous Smalcaldick War , in opposition to Charles V. who was designing the overthrow of the Protestant Doctrine , which the Elector of Saxony , with the Landgrave of H●ssen , and other free Cities , managed against him . See p. 427. Poly. If any of the Passions of men have mingled in the actions of Protestants , must these therefore be fasten'd on them as their Doctrine ; especially when they went not upon Principles of Religion , but of Provincial Law● ? As for Germany , let me first tell you how far the Protestants were against Rebellion , upon p●etence of Religion . At first the Rustick War had almost kindled all Germany , which indeed began upon very unjust Causes ; but Sleydan lib. 5. tells , That some troublesome Preachers had been the cau●ers of that great and formidable War. Now it is to little purpose to say they were in many errors , and so fought not for the true Religion ; since it was befo●e made out , that if Religion be to be fought for , every man believing his own Religion to be true , is bound to take Arms in its defence , since even an erring Conscience binds : B●t as these Tumults did ●p●ead through Germany , Luther published a Writing , desiring all to abstain f●om Sedition , though with ●l h● told he apprehended some strange ●udgment was hanging over the Church-men : but that was to be l●ft to God. After which he explains the duty of the Magistrates : And adds , That the People should be severely charged not to stir without the command of their Magistrates , and that n●thing was to be attempted by private Persons : that all Sedition was against the command of God , and that Sedition was nothing but private Revenge , and therefore hated by God. Adding , That the Seditions then stirring , were raised by the Devil , who stirred up these who professed the Gospel to them , that thereby the truth might be brought under hatred and reproach , as if that could not be of God which gave occasion to so great evils . Then he tells what means were to be used for advancing of the Gospel , That they were to repent of their sins , for which God had permitted that tyranny of the Church-men . Next , That they should pray for the Divine aid , and publickly assert the truth of the Gospel , and discover the Impostures of the Popes . And he adds , That this had been his method , which had been much blessed of God. In a word , the whole strain of that first Paper shews , that the great bait used to train all into that Rebellion , was the pretence of the liberty of Religion , and the tyrannical oppression they were kept under by the Ecclesiasticks . But upon this the Beures published a Writing containing their Grievances : The first whereof was , That they might have liberty to choose Ministers , who might preach the Word of God purely to them , without the mixture of mens devises . The other particulars related to their Civil Liberties . And upon these Pretensions they appealed to Luther , who wrote again , Acknowledging the great Guilt of these Princes who received not the purity of the Gospel ; but he warns the People to consider what they did , lest they lost both Body and Soul in what they attempted . That they were neither to consider their own strength , nor the faultiness of their Adversaries , but the justice and lawfulness of the Cause ; and to be careful not to believe all Mens preachings ; for the Devil had raised up many Seditions and bloody Teachers at that time . Wherefore he forbids them to take God ' s Name in vain , and pretend that they desired in all things to follow his Laws : But minds them who threatned , that they who took the Sword , should perish by the Sword : and of the Apostle , who commands all to be obedient to Magistrates , charging on them , that though they pretended the Laws of God , yet they took the Sword , and resisted the Magistrate . But he adds , You say , the Magistrates become intolerable , for they take the Doctrine of the Gospel from us , and oppress us to the highest degree : But be it so , stars and seditions are not therefore to be raised , neither must every one coërce crimes , that belongs to him to whom the power of the Sword is given , as is express in Scripture . And besides , this is not only according to the Laws , but is by the light of Nature impressed on all mens minds : which shews , that no man can cognosce and judge in his own Cause , since all men are blinded with self-love : And it cannot be denied , but this Tumult and Sedition of yours , is a private Revenge : But if you have any warrant for this from God , you must make it out by some signal Miracle . The Magistrate indeed doth unjustly , but you much more so , who contemning the Command of God , invade anothers Iurisdiction . And he tells them , That if these things take place , there will be no more Magistracy , nor Courts of Iustice , if every man exercise private Revenge . And if this be unlawful in a private Person , much more is it so in a multitude gathered together . Whe●efore he counts them unworthy of the name of Christians , nay worse than Turks , who thus violate the Laws of Nature . Then for proof of his opinion , he adduceth that of our Lord's , resist not evil ; as also his r●proving of S. Peter for smiting with the Sword. These steps were to be f●llowed by you , saith he , or this glorious Title must be laid down . And if you followed his Example , God ' s power would appear , and he would undoubtedly have regard to you . And he adds , How far he had been always from such Practices , and how God had blessed his wo●k in his hands : but for you , you advert not how much you obstruct that which you think to promove . These are a few of Luther's words , by which it will appear both upon what pretences the●e B●ures went , and what his sense of them was . But I know it will be said , that as in the first ages of the Church , these good simple men understood not their Liberties nor Privileges , but were whee●led into a sheepish tameness : so likewise when the Re●o●mation was fi●st sp●inging , they ●●d not in that infancy understand the heroick doctrine , that the following ripeness of some Martial Spirits did broach and maintain . Alas ! Luther , poor Man ! he had been bred in his Monastery , and understood not the brave Atchievements of Christian Chivalry . But who would bear with such disingenuity , as to say , that because he defines Sedition to be private revenge , and afterwards condemns private revenge , therefore he must be understood as only condemning that ? pag 432. But as none that reads Sleydan da●e say that I have alledged one word in Luther's name , but what is faithfully translated out of these Writings : so the parcels I have here inserted , will clearly discover that Rebellion to have been coloured over with the p●etence of Oppression , Persecution , and hindering the Doctrine of the Gospel : and Luther's opinion in that must not be looked upon , as only his private sense , but that which was undoub●e●●y received by the rest of the Protestants in Germany , as appears by the series of the Story . And whatever passion Luther might have expressed , that will no more brangle what I say , than any of his other unjustifiable f●rv●●s will shake the rest of his Doctrine . For I do not adduce him here only as a private Doctor speaking his single thoughts , but as the Head of the Protestants , delivering a Doctrine which was then received among them . Isot. But he afterwards changed his Opinion when the League of Smalcald was entred into , and then we find the Protestants in another tune ; for upon apprehensions of mischief designed against them , they entred into a defensive League among themselves : tho the Constitution of the Empire being feudal , the Emperor was their Sovereign : yet both Princes and free Cities entred into this League , which afterwards broke out into War. See p 433. Poly. Before I examine that Affair , I must first clear the way by removing a mistake , which truly I judged none capable of that had ever read any thing of the Constitution of the German Empire , or of the Power of the Electors , Princes , and free Cities . I must therefore since I have to do with so much ignorance or perversness , shew that the Emperor is not Sovereign in Germany ; though the thing is so plain , that I am almost ashamed to go about it . The German Empire was hereditary from the days of Charles the Great till Henry the Fowler , and then it begun to be Elective : and as is usual in all such cases , they who had the right of Election , got by degrees the authority transferred upon themselves : but the particular time when this begun , is not so clearly defined by the German Writers . It is true , the Diet of Germany is not like the League of the United Provinces , or of the Cantons of Switzerland , where the Authority remains with the several States and Cantons , and they only meet for Counsel : but the Diet hath the supreme Authority , both of deposing of Emperors , as was practised in the case of Adolphus and Wenceslaus , and of fining , banishing , and forfeiting , either Princes or Cities . And the Princes declare after the Emperor is Crowned , that they are the Vassals of the Empire , and not of the Emperor . and when the Diet sits not , all things are judged by the Imperial Chamber , whose President must be a Prince of the Empire , who hath six Assessors from the Emperor , seven from the seven Electors , twenty from the ten Circles , two from each of them ; and by them all the differences among the Princes or Members of the Empire are decided . Upon greater occasions , the Diet is called , which Thuan compares to the Assembly of the Amphictyons in Greece , that was made up of Princes , who had no dependence one upon another . The Diet is not called by the Emperor , but by the Decree of a former Diet : or if the Emperor call one , the Princes are not bound to come to it . And so the Princes refused to come Anno 1554. and An. 1506. By the Diet Laws are given to the Emperour , as well as to the other Princes : and any Mony is ●●●sed for the use of the Empire , is not put in the Emperors hands , but in the bank of some Town , as shall be agreed on . Bodin tells he saw Letters from a German Prince to M●nmorancy , telling him , that the King of France had reason to complain of Charles the Fifth , and of his Brother , to the Duke of Saxony , and the Count Palatine , who were the Vicars of the Empire , because they had , contrary to the Laws of the Empire , and former Customs , suppressed the Kings Letters to the States of the Empire . And Maximilian the first in a Diet at Constance , Anno 1507. acknowledged , that the Majesty of the German Empire consisted in the Princes , and not in the Emperor himself . I might here add much from the way of the Emperors treating with the Princes , by sending and receiving of Ambassadors that go betwixt them , by the state in which he receives Visits from them , and returns them to them , by the Princes treating and being treated with , by all forein Princes , who write to them Brother , and not Cousin , by their making of Peace and War among themselves : and should indeed run out into a long dig●ession , if I adduced all might be alledged for proving the Princes of the Empire to be none of the Emperors Subjects : but I have no mind to engage in a vain shew of reading upon so plain a Subject . One thing I shall only add , that by the 12. Chapter of the Bulla Aurea , it is expresly provided , that the Electors shall meet together yearly in the four weeks that follow Easter , for consulting about the Affairs of the Empire : and this is thus explained in the 4th Article of the Cesarean Capitulation , That it shall be free for the six Electors by the vigor of the Bulla Aurea , to meet together as often as they please , for consulting about the Commonwealth , and that the Emperour shall make no hinderance to it , nor take it in ill part . And hence it is that these who give account of the state of the Empire , laugh at their ignorance , who through a childish mistake ascribe the Sovereign Power to the Emperor . The same may be added of the free Cities united together by a League at least 500 years old , called the Hanse-towns , who came under the protection of the Master of the Teut●●●●k Order , that possessed Prusse : and an . 1206 , they were so free , that they sent a Navy to Henry III. of England , and got great priviledges from him for their traffick in England . There were then 72. Cities in the League , who renewed their League every tenth year , and consulted whom to receive , or whom to exclude from their friendship , and choosed a P●o●●●tor to themselves . And one of the Conditions on which any City might be of this League , was , that they were free Towns : and therefore it was that some Towns in the Netherlands being of this League , their Princes were by Oath to confirm their freedom , otherwise they could not be comprehended within that League ; the end whereof was to defend one another in any necessity they might fall in . Let these things then declare whether Germany be a Monarchy or not , and it will never prove the Emperor to be the Sovereign , because the Empire is feudal , and the Emperor gives the Investitures to the Princes ; for they are not the Feudato●ies of the Emperor , but the Empire : and the Emperor by giving the Investiture becomes not their Lord : for in the Interregn of the Empire , the Electors of Palatine and Saxe are the Vicars of the Empire , and give the Investitures , who are not clothed with any authority over the rest , but only as they are the Vicars of the Empire , and not of the Emperor . And most of the Princes of Itair receive still their Investiture from the Emperor , but are far from concluding themselves his Subjects upon that account . And who thinks the King of Naples the Popes Subject , tho he receive his Investiture in that Crown from him ? These things being thus cleared , it will be evident that the Wars betwixt Charles V. and the Duke of Saxony , will never be a Precedent for Subjects resisting their Sovereign . And having said so much , it will be to no purpose to examine the rise and progress of the Smalcal●● League and War , only thus much is clear , that the leaguing of the Princes and Cities together among themselves , or with other Princes , was not held contrary to the Laws of the Empire : for after the Smalcaldic League , both the Emperor and other Kings , as France and England , treated with them , and sent Embassadors to them : Yea , the Pope sent a Nuncio to the Elector of Saxe , and Landgrave of Hessen at Smalcald , and yet never were they accused by the Emperor for entring into that League of mutual defence : which shews it was not judged contrary to the duty of these Princes to associate among themselves , or with others . And the City of Strasburg , and after them the Landgrave of Hessen , made a League with the Switzer Cantons that received the Reformation , for mutual defence against any Invasion upon the account of Religion . At Ausburg the Emperor did on the 11. of November 1530. declare , that since the Protestants did reject the Decree made about Religion , he had entred in an agreement with the rest of the Diet , not to offend any , but to defend themselves , if any force were used against these who owned that Religion . And in the following December the Protestant Princes met at Smalcald , and made an agreement among themselves in the same strain : neither were they ever condemned for so doing , but continued in a good correspondence with the Emperor many years after that , till being invaded by the Duke of Brunswick the War took its rise , which is all along proved to have been according to the Laws and Liberties of the Empire . And thus this Case doth vary exceedingly from the matter of our Debates . Eud. If I may glean after your Harvest , I could add , that the Divines of Germany were notwithstanding of all the immunity of the Princes , and injuries they met with , very much against all warlike preparations . Many vestigies of this appear through Melanclon's Letters , particularly in his 71. Letter to Camerarius an . 1528. where he gives account of the inclinations many had to War , and with how much diligence he had studied to divert them from it , though great injuries had been done them ; and that it was believed that many of the Princes had signed a conspiracy against them . And Scultet Exer. Evang. lib. 2. cap. 5. tells how Grumbachius and Iustus Ionas animated the Elector of Saxe to the War , assuring him of the Empire of Germany , if he wo●ld adventure for it : which , he adds , the Elector did : and his so doing , he compares to his throwing himself over the Pinacle of the Temple ; but all quickly repented them of the attempt , the Elector being defeated , taken , and kept Prisoner many years , and his ill Counsellors were well served for their advice , Grumbachius was quartered , and Ionas was beheaded . Thus you see how that war is censured by one of the best of the late German Divines . By this time , I think no scruples can dwell with any about the German War , and that it agrees with the case of a Prince defending his Religion and Subjects , against the unjust invasion of another Prince , to whom he owes neither obedience nor subjection : and this will easily satisfie all that know either Law or History , whether the Author of the Dialogues deserved to be treated as his Answerer doth : But it is no new thing to find ignorants full of confidence , and cowards full of boastings . Isot. But for Sweden , you yield it , and acknowledge , that because their King came against them in an unjust invasion , designing to subvert their Religion , they not only armed against him , and resisted him , but deposed him , and put his Uncle in his place , than which nothing can be more express . See p. 441. Poly. The design of the Conformist was to prove that the first Reformers did not teach the doctrine of Subjects their resistance upon the account of Religion ; but he meant not to make good all that followed after that : therefore left the more inconsiderat when they heard of the S●ares of Sweden their deposing of Sig●smund , might have mistaken that , as he knows some have done , and confounded it with the Reformation , he gave the true account of that Affair as it was : and it being seventy years after the Reformation was first brought thither , cannot be fastened on the Reformation . Besides the whole Tract of the Swedish History proves , that the Estates , as they elected , so also coerced , and frequently deposed their Kings : and therefore Bodin reckons Sweden among these divided States , where the Supreme Power lay betwixt the King and the Nobility : and tells how in his own time Henry King of Sweden having killed with his own hand , one that presented a petition to him , the States forced him to quit the Kingdom to his Brother : and that he had been for seventeen years a prisoner when he wrote his Books de Republica : It being thus frequent in Sweden upon malversation , not only to resist , but to depose their Kings , it was no wonder if when Sigismund came against them with an army of Polanders , whose Sovereign he was not , ( for none are so ignorant to think the King of Poland is a Sovereign ) they resisted him : since that was a subjecting of Sweden to foreign force , and so did totally overturn the whole Foundation of the Kingdom . But after all this , I may add , that Charles Duke of Sud●rman , was not too well reported of , for that abrogation of his Nephew , it being generally imputed to his ambition . And thus you see upon how many Accounts that Action of the Swedish State will not serve your turn . Isot. But these of Zurich resisted the other five Cantons , and being provoked by their injuries , they stop'd the Pass●ges of Victuals to them , upon which a War followed . As also at Basel , the people did maintain and assert the Reformation by Arms against their Superiors , and brake the Images , and burnt them : they also made the Senate turn off some of their number who favored the Mass. See p. 443 , 444. Poly. As for the War among the Cantons , it is undeniable that it was not of Subjects against their Sovereigns , since the Cities of Helvetia have no dependence one upon another ; nor can any one City be tied to the opinion or decree of the rest , without their own consent : which shews that every Canton is a free State within it self , and therefore their warrings among themselves , makes nothing for subjects resisting of their Sovereigns . And what is alledged from the tumult of Basel , is as little to our purpose : for these free Cities being Democratical , it was no wonder if the people off●nded with the Senate , did raise that Commotion : and the Historian expresly asserts , that what they did , they openly declared , was not for defence of Religion , but for vindicating of their own liberty . And in the end of the Story it appears what they designed , for they made the Senat receive 260. out of the Companies of the Citizens , whose counsel should be carried along in the greater concernments , that might be either for GOD's Glory , or the Good of the Commonwealth . But if you lay claim to this Story as a Precedent , you must acknowledge that a Reformation may be not only maintained by force , but that Magistrats may be removed from their Office , if they go not along with it ; and that the people may in their own Authority , without waiting for the Magistrats concurrence , go by violence and break down Images , and throw out an established Religion . But this belongs not to the case of Subjects , since in these free Cities the power is certainly with the people , and so they are not S●bjects to the Senat. And for Geneve , it is so fully proved , that it was a free Imperial City , that I need add nothing to make it out One instance will abundantly suffice to prevail upon the belief of any who can doubt whether the Bishop of Geneve was their Prince , which is , that the Bishops of Geneve did frequently become Burgesses in it : In particular , Peter de Baul● , the last who sate there , was received a Citizen by the Senat of Gen●ve 15. Iuly 1527. which doth fully prove that he could not be their Lord. But as for the Reformation of Geneve , it is true Sleydan hints as if the Bishop and Clergy had left the City , being angry at the Reformation : but in that he was mistaken , for their Bishop left the City an . 1528. and made war against it upon some disputes were betwixt him and them about their privileges : for though he was not Lord of the City , yet the Countrey about it belonged to him . But an . 1533. he returned to the City , and left it in the Iuly of the same year , fearing some seditious Tumults , which he had the more reason to apprehend , because of his Transactions with the Duke of Savoy , whereby he made over to him his interest in the City . And it was two years after this before the Reformation was received by that City . For after he left them , they passed a Decree for preserving the old Religion , and discharging of the Lutheran , and banished two of the Ministers of that Religion . And on the first of Ianuary 1534. after the Bishop was gone , his Vicar published an Edict , discharging all Assemblies f●r Divine Worship , without the Bishops permission ; and all Bibles in the French or German Tongues , were condemned to be burnt . And for the Duke of Savoy his invading them , and being resisted by them , it makes nothing for your design , this being a free Imperial City , resisting an unjust Invader . For all this , see Geneva restituta . Isot. But at least the States of the United Provinces did maintain their Religion by Arms , when Philip the Second was introducing the Inquisition among them : and tho these Wars were upon mixed grounds , so that Papists as well as Protestants concurred in them , yet it is undeniable that Religion gave the chief rise to them , and was the main consideration that engaged the Protestants into that War. See pag. 446. Poly. One error runs through all your smatterings , which is , that you never distinguish betwixt a State governed by a Monarch , where subjection is due to him by the constitution of the State , and a limited Prince , who by the Laws of that Society is accountable to , and censurable by the Nobility and people ; which states so great a difference , that he must be very purblind who doth not observe it ; And therefore I will first shew you , that the Prince of the Netherlands was but a precarious Prince , governing a free people at their pleasure and precariously , as Heuterus and Grotius de Ant. Re●p . Batav . call him : And among the Laws of the Government of Batavia , one was , that the old Customs and Laws should be sacred ; and that if the Prince decreed ought against them , he was not to be obeyed : and so it was usual among them upon a t●an●gression , to depose their Princes , of which many instances are reckoned by Grotius , and therefore he compares their Princes to the Lacedemonian Kings , upon whom the Ephori and the Senat might have cognosced . The Brabantins had indeed looked better to their liberty than the rest , and so had guarded against the deceit of their Princes ( who might have broken their Laws upon the pretence of a publick good ) by an express agreement , that if their Prince should violate the Laws , they should not be tied to obedience nor fidelity to him , till their injuries were removed : and this was confirmed by the examples of their Ancestors , Gr. An. lib. 2. And a little after , he adds , That the other Provinces in Belgium , had by practice that same privilege , and that the rather , that being all united to Brabant , by Maximilian , they were to enjoy the same privileges with them . The Brabantins had also a privilege of chusing a Conservator in any great hazard , called Ruart , Strada tom . 1. lib. 9. whose power was equal to the Roman Dictators : this they had by the privileges of the Laetus introitus . And upon this they chused the Prince of Orange their Ruart , anno 1577. And to run no further for proofs of this , when Philip was inaugurated their Prince , he expresly provided , that if he broke their privileges , they should be free from obedience and fidelity to him : and this was the ground on which they deposed him , as appears by their Decree , St. tom . 2. lib. 4. By these indications it is apparent , that the Prince of the Netherlands was not Sovereign of these Provinces , since they could cognosce upon him , and shake off his authority . But I shall next make out , that Religion was not the ground upon which these Wars were raised : The Reformation came unto the Provinces in Charles the V. his time , who cruelly persecuted all who received it , so that these who were butchered in his time , are reckoned not to be under 100000. Gr. Annal. lib. 1. All this Cruelty did neither provoke them to Arms , nor quench the Spirit of Reformation ; whereupon Philip designed to introduce the Inquisition among them , as an assured mean of extinguishing that Light. But that Court was every where so odious , and proceeded so illegally , that many of the Nobility , among whom divers were Papists , entered in a Confederacy against it , promising to defend one another , if endangered : Upon this , there were first petitions , and after that tumults ; but it went no further till the Duke of Alva came , and proceeded at the rate of the highest Tyranny imaginable , both against their Lives and Fortunes , particularly against the Counts of Egment and Horn , suspect of favoring the former disord●●s . But ( it being needle●s to make a vain shew of reading in a thing which every boy may know ) after the Duke of Alva had so transgressed all Limits , the Nobility and Deputies of the Towns of Holland , who were the Depositaries of the Laws and Privileges of that State , met at Dort , anno 1572. Gr. de Ant. Bat. cap. ● . and on Iuly 19 , decreed a War against the Duke of Alva , and made the Prince of Orange their Captain , which was done upon his e●●cting the twentieth penny of their Rents , and the tenth of their moveables , in all their transactions and merchandises . Yet all this while the power was in the hands of Papists , Gr. An●al . lib. 3. No● wa● the Protestant Religion permitted till the year 1578. that in Amster●●● , Utrecht and Harlem , the Magistrats who were addicted to the Roman Religion , were tu●ne● out , which gave great offence to some of then Confederates who adhered to Poperv . And upon this the Protestants petitioned the A●c● Duke Matthias , whom the States had chosen for their Prince , that since it was known that they were the chief object of the Spanish hatred . and so might look for the hardest measure , it they prevailed : it was therefore just they who were in the chief danger , might now enjoy some share of the Liberty with the rest ; wherefore they desired they might have Ch●rch●s allowed them , and might not be barred from publick trust , which after some debate was granted . And let this declare whether the War was managed upon the grounds of Religion ▪ or not . The year after this , the States of Holland , Geldres , Zeland , Utrecht , and Friesland , met at Utrecht , and entred in that Union which continues to this day : by which it was provided , that the Reformed Religion should be received in Holland and Zeland , but the rest were at liberty , either to chuse it or another , or both , as they pleased . So we see they did not confederate against Spain upon the account of Religion , it not being the ground of thei●●eague ; but in opposition to the Spanish Tyranny and Pride . And in their Letters to the Emperor , Ian. 8 , 1578. Str. tom . 2. lib. 2. they declared , that they never were , nor ever should be of another mind , but that the Catholick Religion should be still observed in Holland : and in the end of the year 1581. they decreed , that Philip had forfeited his Title to the Principality of Belgium , by his violating their Privileges , which he had sworn to observe : whereupon they were ( according to their compact with him at his inauguration ) free from their obedience to him ; and therefore they chus●● the Duke of Alenson to be their Prince . And now review all this ▪ and see if you can stand to your former assertion , or believe these Wars to have proceeded upon the grounds of subjects resisting their Sovereign , when he persecutes them upon the a●count of Religion , and you will be made to acknowledge , that the States of Holland were not subjects , and that their quarrel was not Religion . Isot. All this will perhaps be answered in due time : but from this let me lead you to France , where we find a long Tract of Civil Wars upon the account of Religion , and here you cannot pretend the King is a limited Sovereign ; neither was this War managed by the whole States of France , but by the Princes of the Blood , with the Nobility of some of the Provinces ; and these began under Francis the Second , then about sixteen years of Age , so that he was not under Non-age : and tho they were prosecuted under the Minority of Charles the Ninth , yet the King of Navarre , who was Regent , and so bore the King's Authority , was resisted : and after Charles was of age , the Wars continued , both during his Reign , and much of his Brother's , and did again break out in the last King's Reign . The Protestants were also owned and assisted in these Wars , not only by the Princes of Germany , but by the three last Princes who reigned in Britain . So here we have an undeniable instance of Subjects defending Religion by Arms. See pag. 454. Poly. I must again put my self and the company to a new penance by this ill understood piece of History , which you have alledged : and tell you how upon Henry the Second's death , Francis his Son , was under age by the French Law , ( for which see Thuan. lib. 16. ) which appointed the Regents power to continue till the King was 22 years of age at least , as had been done in the case of Charles the 6. which yet the History of that time saith , was a rare privilege , granted him because of his Gracefulness , and the love was generally born him , whereas the year wherein the Kings were judged capable of the Government was 25. But Francis , tho under age , being every way a Child , did for away both the Princes of the Blood , the Constable and the Admiral from the Government , which he committed to his Mother , the Cardinal of Lorrain and the Duke of Guise . Upon this the Princes of the Blood met , and sent the King of Navarre who was the first Prince of the Blood , to the King , to complain of their ill usage : but tho he was much neglected at Court , yet his simplicity was such , that he was easily whedled out of his pretensions . Upon this the Prince of Conde having a greater spirit , and being poor , thought upon other Courses , and as it is related by Davila , lib. 1. gathered a meeting at Ferté , where he p●●posed the injury done the Princes of the Blood , who in the minority of their King were now excluded the Government : which , contrary to the Salick law , was put in a womans hand , and trusted to Strangers : wherefore he moved that ( according to the practices of other Princes of the Blood , in the like Cases , which he adduced ) they might by arms make good their right , and assume the Government in the Kings minority . But the Admiral considering well the hardiness of the enterprise , said , that another way must be taken to make it succeed , which was , that since France was full of the followers of Calvin , who through the persecutions they had lain under , were now almost desperat , and had a particular hatred at the Brethren of Lorrain as their chief enemies , therefore it was fit to cherish them , and make a party of them , by which means assistance might be likewise hoped for from the Princes of Germany , and the Queen of England : and to this advice all present did yield . Upon this , saith Thuan , lib. 16. many Writings were published , proving the Government of the Kingdom in the King's minority to belong to the Princes of the Blood , and that by the Laws of France , the Regents power was not absolute , but to be regulated by the Assembly of the States , wherein many instances of the French Law were adduced : and whereas it was alledged that the King was major at 15. which was proved from an Edict of Charles the Fifth , this was fully refuted ; and it was shewed that notwithstanding of the Edict of Charles the Fifth , his Son was not admitted to the Government till he was full 22 years of age , and that in his minority the Kingdom was governed by a Council of the Princes and Nobility , which was established by an Assembly of the States . I shall not meddle further in the debate which was on both hands about the year of the King's majority , or the Power of the Princes of the Blood in his minority , but shall refer the Reader to the sixth Book of the voluminous History of France , for that time , whose Author hath suppressed his Name , where a full abstract of all the writings that passed on both sides about these matters is set down : but this shews how little your Friends understand the History of that time , who take it for granted that Francis the Second was then Major , since it was the great matter in controversie . But to proceed in my Accounts . These grounds being laid down for a war , the P●ince of Conde , as Thuan relates , would not openly own an accession to any design , till it should be in a good forwardness , but trusted the management of it to one Renaudy , who tho a Catholick by his Religion , yet drew a great meeting of Protestants to Nantes , in the beginning of February , anno 1560. where he stirred them up to arm : and in his Speech , after he had represented all the grievances , he added , that the greatest scruples that stuck with many , was the King's Authority , against which whos● rose●he did rebel : and he answered , acknowledging the obedience due to Kings , notwithstanding their wicked Laws ; and that it was without doubt , that all who resisted the Power constituted by GOD , resisted his Ordinance : but added , their resistance was of these Traitors , who having possessed themselves of the young King , designed the ruin both of King and Kingdom . This then will clear whether they walked on the Principles of Subjects resisting when persecuted by their Sovereign , or not . Upon this they designed to have seised on the King , but as it was to be executed , though it had been long carried with a marvellous secrecy , it was at length discovered , and the King conveyed to Amb●i●e : and as the Protestants were gathering to a Head , the Kin●'s Forces came upon them , and defeated and scattered them . But a little after this the King died , in good time for the Prince of Conde ; for his accession to these Commotions being discovered , he was s●ised on and sentenced to death ; but the King's death as it ●●livered him , did also put an end to the questions about the King's majority , his Brother Charles the Ninth , being a child , so that the Regency was undoubtedly the King of Navarre his right ; yet not so entirely but that the other Princes were to share with him , and the Assembly of the States to direct him , as the Lawyers proved from the French Law. The consultation about the Protestants took them long up , and a severe Edict passed against them in Iuly 1561. But in the Ianuary of the next year a solemn meeting was called of all the Prin●es of the Blood , the Privy Counsellors and the eighth Parliament of France , in which the Edict of Ianuary was passed ; giving the Protestants the free exercise of their Religion , and all the Magistrats of France were commanded to punish any who interrupted or hindered this liberty , which Edict you may see at length , Hist. d' A●big . lib. 2. c. 32. But after this , as Davila , lib. 3. relates how the Duke of Guise coming to Paris did disturb a meeting of the Protestants , so that it went to the throwing of Stones , with one of which the Duke was hurt , upon which he designed the breach of that Edict , and so was the Author and Contriver of the following Wars . After this the Edict was every where violated , and the King of Navarre united with the Constable , and the Duke of Guise for the ruin of the Protestants : upon which the Prince of Conde , as the next Prince of the Blood , asserted the Edicts , so that the ●aw was on his side : neither was the Regents power absolute or Sovereign : and the Prince of Condé in his Manifesto declared , he had armed to free the King from that captivity these stranger Princes kept him in , and that his design was only to assert the authority of the late Edict , which others were violating . Upon this the Wars began , and ere the year was ended , the King of Navarre was killed : after which the Regency did undoubtedly belong to the Prince of Condé . And thus you see upon what grounds these Wars began : and if they were after that continued during the majority of that same King , and his Successors , their Case in that was more to be pitied , than imitated : for it is known that Wars once beginning , and Jealousies growing strong , and deeply rooted , they are not easily setled . And to this I shall add what a late Writer of that Church Sieur d'Ormegrigny hath said for them , in his reflections on the Third Chapter of the Politicks of France : wherein he justifies the Protestants of France from these Imputations . What was done that way , he doth not justifie , but chargeth it on the despair of a lesser Party among them , which was disavowed by the greater part . And shews how the first Tumults in Francis II. his time , were carried mainly on by Renaudy a Papist , who had Associates of both Religions . He vindicates what followed from the Interest the Princes of the Blood had in the Government in the minority of the Kings . And what followed in Henry III. his time , he shews , was in defence of the King of Navarre , the righteous heir of the Crown , whom those of the League designed to seclude from his right . But after that Henry IV. had setled France , he not only granted the Protestants free Exercise of their Religion , but gave them some Towns for their security , to be kept by them for twenty years : at the end whereof , the late King remanding them , the Protestants were instant to keep them longer , to which he yielded for three or four years : in the end , he wisely determined ( saith that Gentleman ) to take them out of their hands . Upon which they met in an Assembly at Rochel ; and most imprudently , he adds , and against their duty , both to God and the King , they resolved to keep them still by force . But at that time there was a National Synod at Alais , where M. du Moulin presided , who searching into the posture of Affairs in that Country , where many of these places of strength lay , he found the greater and better part inclined to yield them up to the King : upon which he wrote an excellent Letter to the Assembly at Rochel , disswading them from pursuing the Courses they were ingaging in : where he shews , it was the general desire of their Churches , that it might please God to continue peace by their giving Obedience to the King : and since his Majesty was resolved to have these Places in his own hands , that they would not on that account ingage in a War. But that if Persecution was intended against them , all who feared God desired it might be for the Profession of the Gospel , and so be truly the cross of Christ : and therefore assured them the greater and better part of their Churches desired they would dissolve their meeting , if it could be with security to their Persons . And presses their parting from that Assembly , with many Arguments , and obviates what might be objected against it : And craves pardon to tell them , They would not find inclinations in those of the Religion to obey their resolutions , which many of the best quality , and greatest capacity avowedly condemned , judging that to suffer on that account , was not to suffer for the Cause of God. And therefore exhorts them to depend on God , and not precipitate themselves into Ruin by their Impatience . And he ends his Letter with the warmest and serventest language imaginable for gaining them into his opinion . It is true , his Letter wrought not the desired Effect , yet many upon it deserted the meeting . Upon the which that Gentleman shews , that what was then done , ought not to be charged on the Protestant Churches of France , since it was condemned by the National Synod of their Divines , and three parts of four who were of the Religion continued in their dutiful Obedience to the King , without ingaging in Arms with those of their Party . Amirald also in his incomparable Apology for those of the Reformed Religion , Sect. 2. vindicates them from the imputations of disloyalty to their Prince : and after he hath asserted his own opinion , that Prayers and Tears ought to be the only weapons of the Church , as agreeing best with the nature of the Gospel , and the practice of the first Christians , he adds his regrates , that their Fathers did not crown their other Virtues with invincible Patience , in suffering all the Cruelty of their Persecutors without resistance , after the Example of the Primitive Church , by which all color of reproaching the Reformation had been removed . Yet he shews how they held out during the Reign of Francis I. and Henry II. notwithstanding all the Cruelty of the Persecution , though their Numbers were great . What fell out after that , he justifies , or rather excuses ( for he saith , he cannot praise , but blame it ) on the Grounds we have already mentioned , of the minority of their Kings , and of the Interest of the Princes of the Blood. And for the business of Renaudy in Francis II. his time , he tells how Calvin disapproved it : and observes from Thuan , that he who first discovered it was of the Reformed Religion , and did it purely from the Dictate of his Conscience . He also shews that the Protestants never made War with a common Consent , till they had the Edicts on their side , so that they defended the King's Authority , which others were violating . But adds withal , that the true cause of the Wars , was reason of State , and a Faction betwixt the Houses of Bourbon and Guise : and the defence of the Protestants was pretended , to draw them into it . And for the late Wars , he charges the blame of them on the ambition of some of their Grandees , and the factious Inclinations of the Town of Rochel . And vindicates the rest of their Church from accession to them , whatever good wishes the common Interest of their Religion might have drawn from them , for these whose danger they so much apprehended . And for the Affaus of our Britain , which was then in a great Combustion , for which the Protestants were generally blamed , as if the Genius of their Religion led to an opposition of Monarchy , he saith , strangers could not well judge of matters so remore from them ; but if the King of England was by the constitutions of that Kingdom a Sovereign Prince ( which is a thing in which he cannot well offer a dicision ) then he simply condemns their raising a War against him , even though that report which was so much spread of his design to change the Reformed Religion settled there , were true . Neither are these opinions of Amirald to be look'd on as his private thoughts ; but that Apology being published by the approbation of these appointed to license the Books of the Religion , is to be received as the more common and received Doctrine of that Church . And what ever approbation or assistance the neighboring Princes might have given the Protestants in the latter or former Wars , it will not infer their allowing the Precedent of Subjects resisting their Sovereign , though persecuted by him , since it is not to be imagined many Princes could be guilty of that . But the Maxims of Princes running too commonly upon grounds very different from the Rules of Conscience , and tending chiefly to strengthen themselves , and weaken their Neighbors , we are not to make any great account of their approving or abetting of these Wars . And thus far you have drawn from me a great deal of Discourse for justifying the Conf●rmists design of vindicating the Reformed Churches from the Doctrine and Practice of Subjects resisting their Sovereign , upon pretexts of Religion . Isot. A little time may produce an Answer to all this , which I will not now attempt , but study these accounts more accurately . But let us now come home to Scotland , and examine whether the King be an accountable Prince , or not ? You know well enough how Fergus was first called over by the Scots , how many instances there are of the States their coercing the King , how the King must swear at his Coronation to observe the Laws of the Kingdom , upon which Allegiance is sworn to him , so that if he break his part , why are not the Subjects also free , since the Compact seems mutual ? I need not add to this , that the King can neither make nor abrogate Laws , without the consent of the Estates of Parliament , that he can impose no Tax without them . And from these things it appears that the King of Scotland is a limited King , who as he originally derived his Power from their choice , so is still limited by them , and liable to them . All which is at large made out by the Author of Ius populi . Basil. Now you are on a rational Point , which I acknowledge deserves to be well discussed , for if by the Laws of Scotland the King be liable to his People , then their coercing him will be no Rebellion . But this point is to be determined not from old Stories , about which we have neither Record , nor clear account for giving light how to direct our belief , nor from some tumultuary Practices , but from the Laws and Records of the Kingdom : and here the first word of our Laws gives a shrewd Indication that the King's Power is not from the People , ( which is anno 1004 , according to Sir Iohn Skeen's Collection of them : ) King Malcome gave and distributed all his Lands of the Realm of Scotland among his men , and reserved nothing in property to himself but the Royal Dignity , and the Mure-hill in the Town of Scone . Now I dare appeal to any Person whether this be not the Stile of a Sovereign , and if this prove not the King's Title to the Crown to be of another nature , than that of a voluntary Compact ? The next vestige is to be found in the Books of Regiam Majestatem , held to be published by King David I. Anno 1124 , and declared authentical by following Parliaments , where the third Verse of the Preface is , That our most glorious King having the Government of the Realm , may happily live both in the time of Peace and of warfare , and may ride the Realm committed to him by God , who hath no Superior but the Creator of Heaven and Earth , ruler over all things , &c. And let the plain sense of these words tell whether the King of Scotland , hath his power from the People , and whether he be accountable to any but to God ? It is also clear that all were bound to follow the King to the Wars , and punishment was decreed against those who refused it , see the Laws of Alexander II. Cap. 15. and Iac. 1. Parl. 1. Cap. 4. Iac. 2. p. 13. Cap. 57. And this shews they were far from allowing War against the King. The Parliaments were also originally the Kings Courts , at which all his Vassals were bound to appear personally , and give him Counsel , which proving a burden to the small Barons , they were dispenced with for their appearance in Parliament , 1. Iac. Parl. 7. cap. 101. which shews that the coming to the Parliament was looked on in these days rather as an homage due to the King , than a priviledg belonging to the Subjects , otherwise they had been loth to have parted with it so easily . And 2. Fac. 6. Parl. cap. 14. It is ordained that none rebel against the King's person nor his Authority , and whoso makes such Rebellion is to be punished after the quality and quantity of such Rebellion by the advice of the three Estates . And if it happens any within the Realm openly or notoriously to rebel against the King , or make war against the King's Laeges , against his forbidding ; in that case the King is to go upon them with assistance of the whole Lands , and to punish them after the quantity of the trespass . Here see who hath the Sovereign power , and whether any may take Arms against the King's command : and the 25. Ch. of that same Parl. defines the points of Treason . It is true by that Act those who assault Castles , or Houses where the King's person was , without the consent of the three Estates , are to be punished as Traytors : From which one may infer that the Estates may besiege the King ; but it is clear that was only a provision against these who in the minority of the Kings used to seize upon their Persons , and so assumed the Government : and therefore it was very reasonable that in such a case provision should be made , that it were not Treason for the Estates to come and besiege a place where the Kings Person were for recovering him from such as treasonably seized on him . And this did clearly take its rise from the confusions were in that King's minority , whom sometimes the Governor , sometimes the Chancellor got into their keeping , and so carried things as they pleased having the young King in their hands . The King is also declared to have full Jurisdiction and free Empire within his Realm , 3. Fac. Parl. 5. cap. 30. And all along it is to be observed that in asserting his Majesties Prerogative Royal , the phrases of asserting and acknowledging , but never of giving or granting , are used , so that no part of the King's Prerogative is granted him by the Estates , and Iac. 6. Parl. 8. cap. 129. his Majesties Royal Power and Authority over all Estates , as well spiritual as temporal , within the Realm , is ratified , approved , and perpetually confirmed in the person of the King's Majesty his Heirs and Successors . And in the 15. Parl. of that same King , Chap. 251. these words are , Albert it cannot be denied , but his Majesty is a free Prince , of a Sovereign Power , having as great liberties and Prerogatives by the Laws of this Realm and priviledg of his Crown , and Diadem , as any other King , Prince , or Potentate whatsoever . And in the 18. Parl. of the same King , Act. 1. The Estates and whole body of that present Parliament , all in one valuntary , faithful and united heart , mind and consent , did truly acknowledge his Majesties Sovereign Authority , Princely Power , Royal Prerogative , and priviledg of his Crown over all Estates , Persons and Causes within his said Kingdom By this time I suppose it is past debate , that by the Tract of the whole Laws of Scotland , his Majesty is a Sovereign unaccountable Prince , since nothing can be devised more express than are the Acts I have cited . For what you objected from the Coronation Oath , remember what was said a great while ago , that if by the Coronation the King got his Power , so that the Coronation Oath , and Oath of Allegiance were of the nature of a mutual stipulation , then you might with some reason infer that a failing of the one side , did free the other ; but nothing of that can be alledged here , where the King hath his Authority , how soon the breath of his Father goes out , and acts with full Regal power before he be crowned ; so that the Coronation is only a solemn inauguration in that which is already his right . Next , let me tell you , that the King 's swearing at his Coronation , is but a late practice ; and so the Title of the Kings of Scotland to the Crown , is not upon the swearing of that Oath : And here I shall tell you all that I can find in our Laws of the King 's swearing or promising . The first instance that meets me is , Chap. 17. of the Statutes of King Robert the Second , where these words are , For fulfilling and observing of all the premises , the King so far as concerns him in his Parliament , hath obliged himself in the word of a Prince , and his Son the Earl of Carrict ( afterwards Robert the third ) being constituted by the King for fulfilling of the premises , so far as touches him , gave and made his Oath , the holy Evangils being touched by him , and then the States of Parliament did also swear to maintain the Earl of Carrict , made then Lieutenant under the King. Now the reason why these mutual Oaths were then given , is well known , since the King's S●ccession was so doubtful . But after that , no Oath seems to have been given : and tho King Iames the Second his Coronation be set down in the Records of Parliament , there is not a word of an Oath given by any in his Name . It is true in the 11. Parl. of that King , cap 41. for securing of the Crown-lands from being alienated , it is appointed , That the King who then was , should be sworn ; and in like manner all his Successors , Kings of Scotland into their Coronation , to the keeping of that Statute , and all the points thereof . But this is not such an Oath as you alledg . Likewise in King Iames the Fourth his Reign , 2. Parl. Ch. 12. where the Council was sworn , it is added , And our Sovereign Lord hath humbled his Highness to promit and grant in Parliament , to abide and remain at their Counsels while the next Parliament . But it is to be observed , the King was then but 17 years old , and so not of full age : this promise was also a temporary provision . Besides , the very stile of it shews , that it was below his Majesty to be so bound . But the first Act for a Coronation Oath I can meet with , is Cap. 8. of the 1. Parl. of King Iames the Sixth , An. 1567. where the stile wherein the Act runs , shews it was a new thing , it bearing no narrative of any such former Custom : the words of the Act are , Item , because that the increase of Vertue and suppressing of Idolatry craves , that the Prince and the people be of one perfect Religion , which of GOD'S mercy is now presently professed within this Realm ; Therefore it is statute and ordained by our Sovereign Lord , my Lord Regent , and the three Estates of this present Parliament , that all Kings and Princes , or Magistrates what 〈◊〉 , holding their place , which hereafter may happen to Reign , and bear Rule over this Realm , at the time of their Coronation , and receipt of their Princely authority , make their faithful promise by Oath , &c. Now you see the beginning of the Coronation Oath , and I need not here reflect on the time when that Act passed , it being so obvious to every one . But I suppose it is made out , that the Kings of Scotland have not their Authority from any stipulation used at their Coronation . The next thing you alledg to prove the King of Scotland a limited Prince , is , because he must govern by Laws , which cannot be enacted without the Authority of the three Estates in Parliament : But this will not serve turn , unless you prove that the Estates can cognosce on the King , and coerce him if he transgress : for which there is not a tittle in our Laws . I acknowledg the Constitution of Parliaments to be both a rational and excellent Model , and that the King becomes a Tyrant when he violates their Priviledges , and governs without Law : But tho his Ministers who serve him in such tyrannical ways are liable to punishment by the Law , yet himself is subject to none but GOD. And from our Kings their Justice and goodness in governing legally by the Councils of their Parliaments , you have no reason to argue against their absolute Authority ; for their binding themselves to such Rules , and being tied to the observance of Laws enacted by themselves , will never overthrow their Authority , but rather commend it , as having such a temperature of Sovereignty , Justice , and Goodness in it . Isot. But was not King Iames the Third resisted and killed in the Field of Striveling , and afterwards in his Sons first Parl. Act. 14. all who were against him in that Field , were declared innocent , and his slaughter was declared to be his own fault , which was never rescinded ? As also Cap. 130. of Iac. 6. Parl. 8. the Honour and Authority of Parliament upon the free Vote of the three Estates thereof is asserted . And are not you an impugner of the Authority of the three Estates , who plead thus for the King 's Sovereign Power ? See Answer to the Letter written to the Author of Ius Populi . Basil. I shall not engage far in the Story of King Iames the Third , which even as it is represented by Buchanan , lib. 11. ( no friend to Monarchy ) is very far from being justifiable on the side of those who fought against him : nor was it the least part of their guilt , that they forced his Son , being then but fifteen years old , to own their Rebellion : And what wonder was it , that they who had killed the Father , and kept his Son in their power , passed such an Act in their own favors ? But King Iames the Fourth quickly discovered what a sincere Penitent he was for his Accession to that Rebellion , as appeared by the Iron Belt he wore all his life , as a penance for this sin : yet the meekness of his Spirit , and the power of that Faction , made that things continued in the posture they formerly were in . It is true , that Act was not expresly repelled , which perhaps was not safe at that time to have attempted : but it was really done by his Revocation ratified in his 6. Parl. cap. 100. wherein with consent of the three Estates , He annuls and revokes all Statutes and Acts of Parliament which he had enacted in his former years , that tended either to the prejudice of the Catholic Church , his Soul , or of the Crown , declaring them to have no force , but to be deleted , and cancell'd out of the Books . And it is not to be doubted , but in this he had an eye to that former Act : but for your Act asserting the Authority of Parliament , look but what immediately precedes it , and you will find the King's Authority and Supremacy fully established : and I acknowledg , that whosoever impugns the Authority of Parliament , as the King 's Great Council , doth incur a very high punishment ; but this will never prove an Authority in the States to coerce and resist the King. One thing I must mind you of from that Act , which is , That none of the Lieges must presume to impugn the dignity and Authority of the said three Estates , or to seek or procure the innovation , or diminution of the Power and Authority of the same three Estates , or any of them in time coming , under the pain of Treason . And can you be so ignorant of our Laws , as not to know that the Church was one of these Estates : for the small Barons which some called the Third Estate , came not in till three years after ? Iac. 6. Parl. 11. cap. 113. And now from all these premises , I think we may fairly infer with Sir Iohn Sheen , Title 8. of the heads of our Laws drawn up by him , That all Iurisdiction stands and consists in the King's Person by reason of his Royal Authority and Crown , and is competent to no Subject , but flows and proceeds from the King , having Supreme Iurisdiction , and is given and committed by him to such Subjects as he pleases . Eud. I must confess my self pleased with this discussion of these points you have been tossing among you : and though I have sate silent , yet I have followed the thread of all your discourse with much close attention ; and was mightily confirmed in my former Perswasion , both by the evidence of Reason , the authorities of Scripture , and these instances of History were adduced . But there are many other things yet to be talked of , though I confess this be of the greatest Importance : and the satisfaction I have received in this , makes me long to hear you handle the other matters in debate . Phil. I suppose we have forgot little that belonged to this question : but for engaging further at this time , I have no mind to it , it being so long passed Midnight : we shall therefore give some truce to our debates , and return upon the next appointment . Eud. I were unworthy of the kindness you shew me , did I importune you too much : but I will presume upon your friendship for me , to expect your company to Morrow at the same hour you did me the favor to come here to day . Isot. I shall not fail to keep your hour , tho I be hardly beset in such a croud of Assailants ; but Truth is on my side , and it is great , and shall prevail , therefore good night to you . Basil. I see you are not shaken out of your confidence for all the foils you get , yet our next days discourse will perhaps humble you a little more ; but I refer this to the appointment wherein we hope to meet again , and so , Adieu . Eud. Adieu , to you all , my good Friends . THE SECOND CONFERENCE . Eudaimon . YOU are again welcome to this place , and so much the more , that your staying some minutes later than the appointment , was making me doubt of your coming : and indeed this delay proved more tedious , and seemed longer to me than the many hours were bestowed on your yesterdays Conference : but methinks , Isotimus , your looks , though never very serene , have an unusual Cloud upon them ; I doubt you have been among the Brotherhood , whom your ingenious Relation of what passed here , hath offended . Their Temper is pretty well known to us all , some of them being as the Pestilence that walketh in darkness , with the no less zealous , but scarcely more ignorant , Sisterhood , they vent their pedling stuff : but of all things in the World shun most to engage with any that can unmask them , and discover their follies . And their safest way of dealing with such Persons , is , to laugh at them , or solemnly to pity them with a disdainful Brow. And that is the best refutation they will bestow on the solidest Reason , or if any of them yelp out with an Answer , sense or nonsense , all is alike ; the premises are never examined , only if the conclusion be positively vouched , as clearly proved from Scriptures and Reason , the sentence is irreversibly past , and you may as soon bow an Oak of an hundred years old , as deal with so much supercilious Ignorance . Tell plainly , have you been in any such Company ? Isot. What wild extravagant stuff pour you out on better men than your self ? but I pity your ignorance who know not some of these precious Worthies , whose Shooe Latchets you are not worthy to unloose . But the truth is , you have got me here among you , and bait me by turns , either to ease your own Galls , or to try mine ; yet it is needless to attempt upon me , for as I am not convinced by your Reasons , so I will not be behind with you in Reflections : and I will ●●ow and fight both , as a Co●k of the Game . 〈◊〉 . Hold , hold , for these serve to no use b●t t● 〈◊〉 p●●vish hum●rs , I will therefore engage you in another subject about the Civil Authority , which our yesterdays debate left untouched ; which is the obedience due to their Commands : let us therefore consider how far Subjection obligeth us to obey the Laws of the Civil Powers . Isot. Had you not enough of that yesterday ? Is it not enough that the Magistrate be not resisted ? but will not that serve turn with you ? or do you design that we surrender our Consciences to him , and obey all his Laws , good or bad , and follow Leviathan's Doctrine of embracing the Magistrates Faith without enquiry ? which is bravely asserted by the Author of Ecclesiastical Policy . This is indeed to make the King in God'● stead , and to render Cesar the things that are God's , which is a visible design either for P●pe●● or Atheism . Phil●r . Truly , Sir , you consider little , if you ●u●ge submission to the Penalties of the Law● , to be all the duty we owe Superiors . It is true , where the Legislators leave it to the Subjects choice , either to do a thing enacted , or to pay a Fine ; in that Case , Obedience is not simply required ; so that he who pays the M●lct , fulfils his Obligation . But whe●e a Law is simply made , and Obedience en●oined , and a Penalty fixed on Disobedience , in that Case , n●thing but the sinfulness of the Command can excuse our disobedience : neither can it be said , that he sins not who is content to submit to the punishment , since by the same method of arguing you may prove that such horrid Atheists , as say they are content to be damned , do not sin against God , since they are willing to submit to the threatned punishment . The right of exacting our Obedience is therefore to be distinguished from the power of punishing our faults . And as we have already considered how far the latter is to be acquiesced in , it remains to be examined what is due to the former . But here I lay down for a Principle , That whatever is determined by the Law of God , cannot be reversed , nor countermanded by any humane Law : For the Powers that are , being ordained of God , and they being his Ministers , do act as his Deputies : and the tie which lies on us to obey God , being the foundation of our subjection to them , it cannot bind us to that which overthrows it self : Therefore it is certain God is first to be obeyed ; and all the Laws of men which contradict his Authority or Commands , are null , and void of all obligation on our Obedience : but I must add , it is one of the arts of you know whom , to fasten Tenets on men who judge these Tenets worthy of the highest Anathema . For if it be maintained , that the Magistrate can bind obligations on our Consciences , then it will be told in every Conventicle , that here a new Tyranny is brought upon Souls , which are God's Prerogative , though this be nothing more than to say we ought to be subject for Conscience sake . If again it be proved that the determining of the externals of Government or Worship , falls within the Magistrate's Sphere , then comes in a new Complaint , and it is told , that here Religion is given up to the Lusts and Pleasure of men , though it be an hundred times repeated , that command what the King will in prejudice of the Divine Law , no Obedience is due . If again it be proved that Church Judicatories , in what notions soever , are subjects , as well as others , and no less tied to obedience than others ; upon this come in vehement outcries , as if the Throne and Kingdom of Christ were overturned and betrayed , with other such like Expressions in their harsh Stile . What is become of Mankind and of Religion , when Ignorants triumph upon these ba●ren Pretences , as if they were the only Masters of Reason , and directors of Conscience ? You know what my Temper is in most differences : but I acknowledge my mind to be f●ll of a just disdain of these ignorant , and insolent Pedlers ; which is the more inflamed , when I consider the Ruins , not only of sound Learning , but of true Piety , and the common rules of Humanity , which follow these simple Contests they make about nothing . Basil. To speak freely , I cherish Reflections no where , therefore I shall not conceal my mislike of these Invectives , which though I am forced to confess , are just ; yet I love to hear truth and peace pleaded for with a calm serene Temper : and though the intolerable and peevish railings of these Pamphlets do justifie a severe Procedure , yet I would have the softer and milder methods of the Gospel used , that so we may overcome evil with good . To take you therefore off that angry engagement , let me invite you to a sober Examen of the Magistrates Authority in things Divine . But before this be engaged in , let it be first considered whether ●●ere be any Legislative Power on Earth about things Sacred : and next , with whom it is lodged . Isot. I will so far comply with your desires , that for this once without retaliating , I quit to Philarcheus the last word of scolding . But to come to the purpose you have suggested , consider that Christ hath given us a complete Rule , wherein are all things that pertain to Life and Godliness . It is then an Imputation on his Gospel , ●o say any thing needs be added to it , and that it contains not a clear direction for all things ; therefore they accuse his Wisdom or Goodness , who pretend to add to his Laws , and wherein he hath not burthened our Consciences : what tyranny is it to bind a yoak upon us which our Fathers were not able to bear ? Whereby as our Christian liberty is invaded , so innumerable Schisms and Scandals spring from no other thing so much , as from these oppressions of Conscience , which are so much the more unjust , that the imposers acknowledging their indifferency , and the refusers scrupling their lawfulness , the peace of the Church is sacrificed to what is acknowledged indifferent : neither can any bounds be fixed to those impositions ; for if one particular may be added , why not more and more still , till the ●oak become heavier than that of Moses was ? which is made out from experience : For the humor of innovating in divine matters having once crept into the Church , it never stopp'd till it swelled to that prodigious bulk of Rites , under which the Roman Church lies oppressed . And besides all these general considerations , there is one particular against significant Rites , which is , that the instituting of them in order to a particular signification of any Grace , makes them Sacraments , according to the vulgar definition of Sacraments , that they are the outward signs of an inward Grace : but the instituting of Sacraments , is by the confes●ion of all , a part of Christ's Prerogative , since he who confers grace , can only institute the signs of it . Upon all these accounts , I plead the Rule of Scripture to be that which ought to determine about all divine matters , and that no binding Laws ought to be made in divine things wherein we are left at liberty by GOD , who is the only Master of our Consciences . See from pag. 172. to pag. 180. Phil. You have now given me a full Broad-side , after which I doubt not but you triumph as if you had shattered me all to pieces : but I am afraid you shall find this Volley of chained Ball hath quite missed me , and that I be aboard of you ere you be aware . No man can with more heartiness acknowledg the compleatness of Scripture than my self : and one part of it is , that all things which tend to Order , Edification and Peace be done , and the Scene of the World altering so , that what now tends to advance Order , Edification , and Peace , may afterwards occasion disorder ; destruction and contention , the Scripture had not been compleat , if in these things there were not an Authority on Earth , to make and unmake Laws in things indifferent . I acknowledg the adding of new pieces of worship , hath so many inconveniences hanging about it , that I should not much patronize it : but the determining of what may be done , either in this or that fashion to any particular Rule , is not of that nature : Therefore , since Worship must be in a certain posture , a certain habit , in a determinate place , and on such times , all these being of one kind ; Laws made about them upon the accounts of order , edification , or peace , do not pretend to prejudg the perfection of Scripture , by any additions to what it prescribes ; since no new thing is introduced : Indeed did humane Law-givers pretend that by their Laws these things became of their own nature more acceptable to GOD , they should invade GOD's Prerogative ; but when they are prescribed only upon the account of Decency and Order , it is intolerable peevishness to call a thing indifferent of its nature , unlawful , because commanded : For the Christian liberty consists in the exemption of our Consciences from all humane yoak , but not of our actions , which are still in the power of our Superiors , till they enjoin what is sinful , and then a greater than they is to be obeyed . I acknowledg , the simplicity of the Christian Religion is one of its chief Glories , nothing being enjoined in it but what is most properly fitted for advancing the Souls of men towards that wherein their blessedness doth consist : And therefore I never reflect without wonder , on that Censure Ammian Marcellin , a Heathen Writer , gives of Constantius , That he confounded the Christian Religion , which was of it self pure and simple , with doating superstitions : So I freely acknowledg that whosoever introduce new parts of Worship , as if they could commend us to GOD , do highly encroach on GOD's Authority , and man's Liberty . But as for the determining of things that may be done in a variety of ways into one particular form , such as the prescribing a set form for Worship , the ordering the posture in Sacraments , the habit in Worship , determinate times for commemorating great mercies , the time how long a Sinner must declare his penitence , ere he be admitted to the use of the Sacraments , and the like ( which is all in question among us ) they are quite of another nature . And it is a strange piece of nicety , if in these things , because Superiours command what seems most proper for expressing the inward sense we ought to have of things , that therefore these injunctions become criminal , and not to be obeyed . For the significancy alledged to be in them , is only a dumb way of expressing our inward thoughts ; and as we agree to express them by word , so some outward signs may be also used : as by sackcloth the penitent expresseth his sorrow , and by a Surplice a Church man expresseth his purity ; so those habits are only a silent way of speaking out the sense of the heart . Only here on the way , if you have a mind to ease your spleen a little , read what that late Pamphlet saith , to prove a distinction betwixt these two Ceremonies , pag. 111. That vulgar Sophism of making Sacraments , is the poorest Cavil imaginable : for a Sacrament is a federate Rite of stipulating with GOD , wherein as we plight our faith to GOD , so he visibly makes offer of his Gospel to us , which he accompanies with the gracious effusions of his Spirit : and indeed to institute any such Rite , were the highest encroachment on the divine Authority : But what Sophistry will fasten a pretension to this on the institution of a Right , which shall only signifie that Duty a creature ows his Maker and Redeemer , tending both to quicken the person that performs it to a sence of it , as also to work upon Spectators by such a grave solemn Rite ? To say Men can institute means of conveying the divine Grace , is justly to be condemned ; but how far differs it from that , to use signs , as well as words , for expressing our duty to GOD ? Thus you see how ill founded that pompou● Argument is , with which we have heard many triumphing among Ignorants , or where none could contradict them . ●rit . If I may have liberty to add a little , I would suggest somewhat of the true Notion of Christian Liberty , and how it is to be made use of or restrained . For the clearing whereof , we are to call to mind how upon t●●●●st p●o●●lg●tion of the Gospel , a Contention did early rise about the observation of Moses Law , the stipulation whereto was given in Circumcision ; the Iudaizers pleaded its continuance , and the Apostles asserted the Christian Liberty : the Iudaizers pretended a divine Obligation from Moses his Law ; the Apostles proved that was now vacated by the death of CHRIST , which freed all from that Yoak , and that therefore to be circumcised , as a stipulation to Moses's Law , was to continue subject to that Yoak , and so to deny the Messias was yet come , by which CHRIST should profit them nothing . But the authority of Paul and Barnabas not being great enough to settle that Question , they were sent from Antioch to the Apostles , and Presbyters at Ierusalem , who determined against the necessity of Circumcision , and consequently of the observation of the Mosaical Law , and appointed that these who were proselyted from Gentilism to the Christian Faith , should be received , not as Proselytes of Iustice , but as Proselytes of the Gates , who were only bound to obey the seven Precepts of the Sons of Noah ; which I stand not to make out , it being sufficiently cleared already by others . Here then the Christian Liberty was stated in an exemption from the Law of Moses . But for all this , we see into what compliances the Apostles consented , for gaining upon the Iews by that condescension , they Circumcise , they Purifie ( which was done by sprinkling with the ashes of the red Cow ) they take the Vows of Nazarism , they keep the Feasts at Ierusalem ( which I wonder how that Pamphleteer could deny , pag. 301. it being mentioned expresly , Acts 18.21 . ) and upon the whole matter Saint Paul gives the following Rules and Assertions . The first was , that these things did not commend a Man to GOD : For the Kingdom of GOD consisted not in meat and drink , ( which clearly relates to the Mosaical differencing of Meats , clean and unclean ) that neither Circumcision nor uncircumcision availed any thing . And if neither branch of that Controversie did of its own nature commend men to GOD ; what judgments may we pass on our trifling wranglings ? Whence we may infer , that we ought to instruct all Christians in the Faith , but not in these doubtful Disputations . The next Assertion is , That even in these matters men might be acceptable to GOD , on which side soever they were , so they judged what they did was done to GOD. He that made distinction of Days , or Meats , made it to the LORD , and he that regarded them not to the LORD , he regarded them not . So that GOD may be acceptably served by several men doing things contrary one to another . Another Rule is , That in these things every Man must be fully persuaded in his own mind , and proceed out of a clear conviction in his Conscience . A fourth Rule is , That in these matters none ought to prescribe or dictate to another : such as had a liberty in them , were not to despise the scrupulous , as unreasonable ; neither were these who scrupled at them , to judg such as acted in a higher Sphere of Liberty , as profane or licentious : so that all were to be remitted to GOD's Iudgment Seat. Another Rule is , That for the Peace of the Church , many things which are otherwise subject to great inconveniencies , may be done for the gaining our Brethren : but if such compliance harden people in their imperious humor , what was formerly to be done for gaining upon them , becomes unfit when so abused by them ; and therefore if after we have complied with the weak exceptions of others , in matters indifferent , they become so hardy as to presume upon our goodness to invade our Liberty , by enjoying such things as necessary , pretending to an authority over us ; ●re are not to give place by subjection to such , ●● n●t for an hour . The last Rule is , That in matters of indifferency , we are to postpone our own inclination , or desires , when the hazard of our brother's stumbling , or of the Peace of the Church lies in our way . All these are so clearly asserted by S. Paul , and withal are so opposite to our present Heats , that I wish they were more minded by the troublers of our Israel , and they would certainly give a speedy decision to these Feuds about doubtful disputations , which have so long preyed on the Peace of the Church . Basil. And I am sure if so great a Compliance may be given to the weakness of our brethren , much more is due to the commands of our Superiors ; except you say , we are more subject to equals than to Superiors , or that the weakness of a Brother should weigh more than the authority of Father : And in fine , that the Obligations of Charity should be more prevalent than those of Iustice ; Obedience being a debt we owe , whereas Compliance is a Benevolence given . I do not deny but great caution and tenderness must be used in making of such Laws , and that their fitness for attaining the ends of order , edification and peace , should be well considered , and they no longer adhered to , than these effects can be drawn from them : so that if the nature of Circumstances which vary all things indifferent , come to change , the same reason that exacted their being first imposed , will plead a change . I also acknowledge , that great abuse hath followed upon the innovating and prescribing in Divine matters , and that nothing hath occasioned more divisions among Christians , than the overstraining an Uniformity . But if because of abuses you overturn all Legislative Power in matters sacred , nothing that is humane shall scape your fury , since every thing is subject to abuse . And nothing will curb ones Career till he turn Quaker , that follows these Maxims . But one thing is still forgotten , that the dictates of Reason are in their kind the Voice of God ; Reason being nothing , save an impress of the Image of God on the Soul of man ; which because much obliterated by the Fall , was to be supplied by Revelation : but wherein it remains clear , its directions not contradicting any positive or revealed Law , are still to be followed as the Laws of God. Poly. For proving all this , I shall not run so far back as to examine the nature of the Priesthood , and Sacrifices were before Moses , to consider whether these flow'd from a Revelation conveyed by Tradition , or from the dictates of Reason ? But after Moses his Law was given , wherein all was modelled by Divine prescript , yet what a vast heap of additions did flow upon that worship before our Saviour's days , all that have written on the Temple service do abundantly discover . Here is a Field spacious enough for any that designed a vain shew of much reading ; but a view of Doctor Lightfoot's Temple-Service will quickly convince any , that the whole Service of the Temple was interpalated by many Additions , whose first Author cannot be traced . They also used Baptism to all who were proselyted from Gentilism . And in the Paschal Festivity alone , how many new Rites do we find ? Every School-boy may know that they had a Dish , called Charaseth , which was a thick Sawce of Dates , Figs , Almonds , &c. pounded together , which looked like Clay , to mind them of the Clay in which their Fathers wrought in Egypt , which was a significative Ceremony ; and was the Dish wherein they dipped their hand , which we find was not wanting in our Lord 's Passover ; which proves significant Rites , tho of humane appointment , cannot be criminal . And if to this I should add the several Cups of Wine , the divers removes of the Table , and covering it of new , the frequent washing of their hands , and divers other things , I should grow tedious . But our Lord never reproves these things ; nay , on the contrary he symbolized with them . It is true , when their Zeal for their Traditions made them break the Commandments of God , or adhere so stifly to them , as to judge the Consciences of such as did not comply with them in the use of them , then he checks their Hypocrisie , and accuses them , not for the use of these things , but because they placed all Religion in them , and imposed the Precepts of men as doctrines . To this I might add the whole frame of the Synagogues , both as to Government , Discipline and Worship : for whatsoever scraps may be brought which may seem to prove there were Synagogues before the Captivity , which yet is much controverted ; yet the form of Government in them , the rules of Excommunication , and its degrees , together with their Philacteries , and set forms of Worship , will never be proved from Scripture . Now since the Law of God was no less perfect in the Old Dispensation , than the Gospel is now , it will follow that Additions in things purely external and ritual , do no way detract from the Word of God : For nothing can be brought to prove the New Testament a complete Rule for Christians , which will not plead the same full authority to the Old Testament , during that Dispensation ; since though the Dispensation was imperfect , yet the Revelation of God to them was able to make them perfect and throughly furnished foe every good work : and the Scriptures which S. Paul saith , were able to make wise to salvation , can be no other than the Old Testament writings . For besides that by Scriptures nothing else is understood in the New Testament , there could be no other Scripture known to Timothy of a Child , but these of the Old Testament . If then they trespass upon the authority of the New Testament , and its blessed Author , who assert a Power to determine about Rituals in Worship , or other matters of Religion ; they committed the same Crime who pretended to add to what Moses prescribed , since he was also faithful in all his house . Or if any plead a Divine Warrant for these Institutions which were traditionally conveyed , this will open a door for all the pretences of the Roman Church , since the Expressions that cancel Traditions , are as full in the Old Testament , as in the New. And thus far I think I have evinced , that there were great additions in Rituals made by the Iews , and that these were not unlawful , since complied with by him who never did amiss , and yet these could have no higher o●iginal than humane Authority . I go on to the New Dispensation , wherein I doubt not to evince , that as for rituals , most of these they found in the Synagogue were retained , without any other change than what that Dispensation drew after it , and that they took both the Rules of Government , Worship and Discipline from the Synagogue . Therefore the Epistles do not , when treating of these matters , speak in their Stile , who are instituting new things ; but of those who are giving directions about what was already received and known : For if new Rules had been to be delivered , the Institution had been express , either in the Gospels , Acts , or Epistles . Now if any will read these without prejudice , no such thing will appear : of which manner of Stile , no account can be given ; but that things , as to Rituals continued as they were , the use of the Sacraments being only instituted by Christ , where the Language of an Institution is express . About two hundred years after Christ , outward Penitence was brought into the Church , and scandalous Persons were , according to the nature of Scandals , debarred from the Sacrament for a long space , and were by degrees , and according to the heighth of their Penitence , received to the Communion of the Church , but not after some years had passed in outward professions of Penitence : and the modelling of this became after that , the chief Care of Synods for divers Centuries . Now if one will argue , that though it be true a scandalous Person should be excommunicated ; yet since God hath mercy at whatsoever time a Sinner repents , so should the Church ( which only judgeth of the Profession ) forgive at whasoever time one professeth Penitence . It will not be easie in your Principles to answer this : and see how you will clear this practice of Discipline from Tyranny , since to debar men from the Sacraments , is a greater dominion over Consciences than the determining about Rituals . But to come nearer home , there was a certain Society you have heard of ycleped the Kirk , which had divers Books of Discipline containing rules for that , and a Directory for Worship , which had no few rules neither : they had also a frame of Government , the Supreme Judicatory whereof was composed of three Ministers , and one ruling Elder from each Presbytery , a ruling Elder beside from each Burrough , two being allowed the Metropolis , and a Commissioner was sent from each University ; and in this High Court the King came in with the Privilege of a Burgh : for though the Metropolis had two , he was allowed to send but one with a single Suffrage to represent him ; and this Court pretended to an Authority from Christ , and their Authority was Sacred with no less certificate , than he that despiseth you , despiseth me . Now how a Power can be committed to delegates without any Commission for it from the Superior , will not be easily made out . And they will search long ere they find a Divine Warrant for this Court , unless they vouch Mary Mitchelsons Testimony for it , whose hysterical Distempers were given out for Prophesies . And whereas they are so tender of Christian Liberty , that no Law must pass about the Rituals of Religion , yet their Books of Discipline and Model of Government , were not only setled by Law , but afterwards sworn to be maintained in the Covenant , wherein they swore the Preservation of the Reformed Religion in Scotland , in Doctrine , Worship , Discipline and Government . These were the tender Consciences that could not hear of any Law in matters indifferent , and yet would have all swear to their Forms , many of which they could not but know were indifferent : which was a making them necessary at another rate , than is done by a Law which the Legislator can repeal when he will : and never were any in the world more addicted to their own Forms than they were . An instance of this I will give , which I dare say will surprise you : When some designers for popularity in the Western parts of that Kirk , did begin to disuse the Lord's Prayer in Worship , and the singing the Conclusion or Doxology after the Psalm , and the Minister's kneeling for private Devotion when he entred the Pulpit , the General ●ssembly took this in very ill part , and in a Letter they wrote to the Presbyteries , complained sadly , Of a Spirit of Innovation was beginning to get into the Kirk , and to throw these laudible practices out of it , mentioning the three I named , which are commanded to be still practised ; and such as refused obedience , are appointed to be conferr'd with in order to the giving of them satisfaction : and if they continu'd untractable , the Presbyteries were to proceed against them , as they should be answerable to the next general Assembly . This Letter I can produce authentically attested . But is it not strange , that some who were then zealous to condemn these Innovations , should now be carried with the herd to be guilty of them ? I am become hoarse with speaking so long , and so I must break off , having , as I suppose , given many great Precedents from History for the using of Rites in divine matters , without an express Warrant , and for passing Laws upon these , and have cleared the one of Superstition , and the other of Tyranny . Eud. Truly , all of you have done your parts so well , that even Isotimus himself seems half convinced : It is then fully clear , that as nothing is to be obtruded on our Belief without clear revelation ; so no sacred duty can be bound on o●r Obedience without a Divine Warrant : but in Rituals , especially in determining what may be done in a variety of ways to one particular Form , there hath been , and still must be , a Power on Earth ; which provided it balance all things right , and consider well the fitness of these Rites , for attaining the designed end , doth not invade God's Dominion by making Laws about them : Nor will the pretence of Christian Liberty warrant our Disobedience to them . It remains to be considered , who are vested with this Power , and how much of it belongs to the Magistrate , and how much to the Church . Basil. I now engage in a Theme which may perhaps lay me open to censure , as if I were courting the Civil Powers by the asserting of their rights : but I am too well known to you to dread your jealously much in this ; and I am too little known to my self , if flattery be my foible . I shall therefore with the greatest frankness and ingenuity , lay open my sense of this matter , with the Reasons that prevail with me in it : but I desire first to hear Isotimus his opinion about it . Isot. I do not deny the King hath Authority and Jurisdiction in matters Sacred : but it must be asserted in a due line of Subordination : First , to Christ the King of Kings , and the only Head of his Church . And next , to the Rulers and Office-bearers of the Church , who are entrusted by Christ , as his Ambassadors , with the Souls of their Flocks , and who must give him an account of their Labors ; therefore they must have their Rules only from him who empowers them , and to whom they are subject : They must also have a Power among them to preserve the Christian Society ; in order to which , they must , according to the practice of the Apostles , when difficulties emerge , meet together , and consult what may be for the advancement of the Christian Religion ; and whoso refuseth to hear the Church when she errs not from her Rule , he is to be accounted no better than a Heathen and a Publican . And since the Church is called one body , they ought to associate together in meetings , seeing also they have their Power of Christ , as Mediator , whereas the Civil Powers hold of him as he is God , they have a different Tenor , distinct Ends , and various Rules ; therefore the Authority of the Church is among the things of God , which only belong to him . And indeed Christians were very ill provided for by Christ , if they must in matters of Religion be subject to the pleasure of secular and carnal Men , who will be ready to serve their own Interests at the rate of the Ruin of every thing that is Sacred . It is true , the Civil Powers may and ought to convocate Synods to consult about matters of Religion , to require Church-men to do their duty , to add their Sanctions to Church Laws , and to join with the sounder part for carrying on a Reformation But all this is cumulative to the Churches intrinsick Power , and not privative ; so that if the Magistrate fall short of his duty , they are notwithstanding that , to go on as men empowered by Iesus Christ , and he who desp●seth them ( be his quality what it will ) despiseth him that sent them . See p. 105. to p. 109. and p. 467. to p. 486. Basil. In order to a clear progress in this matter , I shall first discuss the nature and power of the Church , by which a step shall be made to the Power the Magistrate may pretend to in matters Sacred . The Apostles being sent by Iesus Christ , did every where promulgate the Gospel , and required such as received it , to meet often together for joint Worship , and the free profession of the Faith , wherein they were particularly obliged to the use of the Sacraments . The Apostles , and after them , all Church-men , were also endued with a double Power : The one was declarative for promulgating the Gospel : the other was directive , which properly is no power ; and by this they were to advise in such matters wherein they had no warrant to command : So S. Paul wrote sometimes his own sense , which he did by permission , and not by commandment , only he advised , as one that had obtained mercy to be faithful . But because Christ was to be in his Church to the end of the World , the things they had heard were to be committed to faithful men , that they might be able to teach others . All Church men being thus the Successors of the Apostles , they are vested with a Divine Authority , for solemn publishing the Gospel ; but with this odds from the Apostles , That whereas they were infallible , their Successors are subject to error . And the power of Church-men consists formally in this , that they are Heralds of the Gospel : and by their preaching it , a solemn offer of it is made to all their hearers , which to despise , is to despise him that sent them . But in this power they are bound up to the Commission they have from God , so that what they say beyond that , is none of the divine Message . Yet because many particulars may fall in , about which it was impossible Rules could be given , they have a directive Authority , which if it be managed as S. Paul did , we need fear no tyrannical imposition from it . And therefore in these matters their definitions are not binding Laws , but Rules of advice : for in matters wherein we are left at liberty by God , if Church-men pretend to a Dominion over our Souls , they make us the servants of Men. And indeed it is the most incoherent thing imaginable , for these who lay no claim to Infallibility , to pretend to absolute obedience . It is true , the Laws of peace and order bind us to an association , if we be Christians : and therefore we ought to yield in many things for peace : but since we are all a Royal Priesthood , why Church-men should pretend to Authority or Jurisdiction , except in that which is expresly in their Commission , wherein they are purely Heralds , I do not see . It is true , Christians ought to assemble for Worship , but for the associations of Churches in Judicatories , I cannot imagine in what corner of the New Testastament that shall be found : In which I am the more confirmed , since all the labor of that Pamphleteer from p. 126. to 144. could not find it out . For it is a strange Method to prove a divine Warrant , because some reasons are brought to prove it must be so : to have cited the words , where a shorter and clearer method of proof ; since to prove that such a thing must be , and yet not to shew that it is , is only to attempt against the Scripture , for being defective in that which it ought to have contained . But if the phrase of one body conclude a proof for Associations , then since the Body includes all Christians , the whole faithful must meet together in Councils . For where have you a difference in that betwixt the Clergy , and the faithful Laicks ? But here yielding your Laick Elders of divine Institution , and to have from GOD an Authority of Ruling , as well as the Ministers have , then why do they not all come to Presbyteries ? And why but one deputed from them ? Was not this an Encroachment on them ? For if they have from CHRIST a power to Rule , as well as Ministers , why should not all the Elders meet in Presbyteries and Synods , as well as Ministers ? And why but one Elder from every Presbytery , when three Ministers go to the National Synod ? For it is folly to say , because Ministers have a power of teaching , therefore in Presbyteries and Synods the Elders must only equal their number , and in National Synods be near half their number : for that will only say that in matters of doctrine the Elders should be quite silent , but in matters of discipline , why all should not come if any have a right from Christ , will not be proved . And is not this to Lord it over your Brethren ? And do not your Ministers thus tyrannize over their Elders ? But the reason of it was visible , lest the Elders had thereby got the power in their hands , had they been the plurality in the Judicatories : which was well enough foreseen and guarded against by your Clergy , who though they were willing to serve themselves of them for a while , yet had no mind to part with their beloved Authority . But for Synods , if the obligation to them be from the unity of the Body , then nothing under an OEcumenical one will answer this , which yet is simply unpracticable . Now as for your National Synods , it is visible they are and must be framed , according to the divisions of the World in the several Kingdoms : for according to the Rules are pretended from Scripture ( tell the Church , the binding and loosing of sins , or the like ) it follows that Parochial Congregations , and the Pastors in them , are vested with an authoritative power : now why they should be made to resign this to the plurality of the Church-men of that Kingdom , will be a great Atchievement to prove in your Principles . For why shall not a Parochial Church make Laws within it self ? And why must it renounce its priviledg to such a number of Church-men cast in such a Classis by a humane power ? As likewise , where find you a divine Warrant for your delegating Commissioners to Synods ? For either they are Plenipotentiaries , or such as go upon a restricted deputation , but so as their Votes beyond their Commission shall signifie nothing , till they return and be approved by those who sent them ; if they go with a full power , assign a Warrant for such a delegation , or that many Church-men may commissionate one in their name , and that what shall be agreed to by the major part of these delegates , shall be a binding obligation on Christians : and yet I know you will think the Independents carry the Cause , if it be said that the appointments of these superiour Courts have no authority till ratified by the inferiour , which will resolve the Power into the inferiour Courts . By all which I think it is clear abundantly , that the associations of Churches into Synods , cannot be by a divine Warrant . But I must call in some relief , for I grow weary of speaking too long . Eud. I suppose none will deny the association of Churches to be an excellent mean for preserving unity and peace : but to assert a divine original for them , methinks , is a hard task ; and truly to assert the divine Authority of the major part which must be done according to the principles of Presbytery , is a thing fuller of Tyranny over Consciences , than any thing can be feared from Episcopacy ; since the greater part of mankind being evil , which holds true of no sort of people more , than of Church-men , what mischief may be expected if the plurality must decide all matters ; And to speak plainly , I look on a potion of Physick as the best cure for him , who can think a National Synod , according to the model of Glasgow , is the Kingdom of Christ on Earth , or that Court to which he hath committed his Authority , for he seems beyond the power or conviction of Reason . Crit. The Scripture clearly holds forth an authority among Church-men , but visibly restricted to their Commission , which truly is not properly a power residing among them , for they only declare what the Rule of the Gospel is ; wherein if they keep close to it , they are only Publishers of the Laws of CHRIST : and if they err from it , they are not to be regarded : It is true , the administration of Sacraments is appropriated to them , yet he that will argue this to have proceeded more from the general rules of Order , the constant practice of the Church , and the fitness of the thing , which is truly sutable to the dictates of Nature , and the Laws of Nations ; than from an express positive Command , needs much Logick to make good his attempt . It is true , the ordaining of Successors in their Office belongs undoubtedly to them , and in trying them , Rules are expresly given out in Scripture , to which they ought to adhere and follow them : but as for other things , they are either decisions of opinions , or rules for practice . In the former their authority is purely to declare , and in that they act but as Men , and we find whole Schools of them have been abused ; and in the other , they only give advices and directions ; but have no Jurisdiction . It is true , much noise is made about the Council of Ierusalem , p. 106 , as if that were a warrant for Synods to meet together . But first , it is clear no command is there given , so at most that will prove Synods to be lawful , but that gives them no authority , except you produce a clear Command for them , and obedience to them . Next , what strange wresting of Scripture is it , from that place to prove the subordination of Church Judicatories ? for if that Council was not an OEcumenical Council , nor a Provincial one , which must be yielded , since we see nothing like a Convocation ; then either Paul and Barnabas were sent from Antioch , as from one sister Church to ask advice of another ; and if so , it proves nothing for the authority of Synods , since advices are not Laws : or Antioch sent to Ierusalem , as to a Superior Church by its constitution , which cannot be imagined : for what authority could the Church of Ierusalem pretend over Antioch ? And indeed had that been true , some vestige of it had remained in History ; which is so far to the contrary , that the Church of Ierusalem was subordinate to the Church of Cesarea , which was Metropolitan in Palestine , was subject to Antioch , the third Patriarchal Sea. It will therefore remain that this was only a reference to the other Apostles , who besides their extraordinary endowments and inspiration , were acknowledged by all to be men of great eminency and authority : and therefore the authority of Paul and Barnabas not being at that time so universally acknowledged , they were sent to Ierusalem , where S. Iames was resident , and S. Peter occasionally present . Now the Authority of the Decree must be drawn from their infallible spirit ; otherwise it will prove too much , that one Church may give out decrees to another . But will the Apostles mutual consulting or conferring together , prove the National constitution , and authority of Synods or Assemblies ? Poly. All that hath been said illustrates clearly the practice of the Iews , among whom as the High-Priest was possessed with a Prophetical Spirit , which sometimes fell on him by illapses , as apears from what is said of Caiaphas ; and sometimes from the shining of the Stones in the Pectoral , called the Urim and Thummim ; so the Priests and Levites being the chief Trustees and Depositaries of the Law , Their lips were to preserve knowledg , and the Law was to be sought at their mouth , yet they had no Legislative Authority : they had indeed a Court among themselves , called the Parhedrim , made up of the heads of the Orders , and of the Families ; but that Court did not pretend to Jurisdiction , but only to explain things that concerned the Temple-worship : nay , the High-Priest was so restricted to the King and Sanbedrim , that he might not consult the Oracle without he had been ordered to do it by them : neither do we ever hear of any Laws given out , all the Old Testament over , in the name of the Priests . And in the New Testament , the Power ( it seems ) was to be managed by the body of the faithful , as well as by Church-men . It is true , the Apostles were clothed with an extraordinary power of binding and loosing of sins ; but no proofs are brought to justifie the pretences to Jurisdiction that are found among their Successors . For in the Epistle to Corinth , the Rules there laid down , are addressed to all the Saints that were called to be faithful : so also is the Epistle to the Thessalonians , where he tells them to note such as walked disorderly , and have no fellowship with them ; which are shrewd grounds to believe that at first all things were managed Parochially , where the faithful were also admitted to determine about what occurred : but for Synods , we find not the least vestige of them before the end of the second Century , that Synods were gathered about the Controversie concerning the day of Easter ; and the following Associations of Churches , shew clearly , that they took their model from the division of the Roman Empire , and so according as the Provinces were divided , the Churches in them did associate to the Metropolitans , and became subordinate to them , and these were subordinate to the Patriarchs ; by which means it was that the Bishops of Rome had the precedency , not from any imaginary derivation from St. Peter : for had they gone on such Rules , Ierusalem where our Lord himself was , had undoubtedly carried it of all the World : but Rome being the Imperial City , it was the See of the greatest Authority . And no sooner did Bizantium creep into the dignity of being the Imperial City , but the Bishop of Constantinople was made second Patriarch , and in all things equal to the Bishop of Rome , the precedency only excepted . Much might be here said for proving that these Synods did not pretend to a divine Original , though afterwards they claimed a high Authority , yet their appointments were never called Laws , but only Canons and Rules , which could not pretend to a Jurisdiction . Basil. But that I may not seem to rob the Church of all her Power , I acknowledg that by the Laws of Nature it follows , that these who unite in the service of GOD , must be warranted to associate in Meetings to agree on generals Rules , and to use means for preserving purity and order among themselves , and that all Inferiours ought to subject themselves to their Rules . But as for that brave distinction of the Churches Authority , being derived from CHRIST as Mediator , whereas the Regal Authority is from him as GOD , well doth it become its inventors , and much good may it do them . For me , I think , that CHRIST's asserting , that all power in heaven and in earth was given unto him ; and his being called , The KING of Kings , and LORD of Lords , make it as clear as the Sun , that the whole OEconomy of this World is committed to him as Mediator : and as they who died before him , were saved by him , who was slam ●●om the foundation of the world : so all humane authority was given by vertue of the second Covenant , by which mankind was preserved from infallible ruin , which otherwise it had incurred by Adams fall . But leaving any further enquiry after such a foolish nicety , I go now to examine what the Magistrates Power is in matters of Religion : And first , I lay down for a Maxim , That the externals of Worship , or Government , are not of such importance , as are the Rules of Iustice and Peace , wherein formally the Image of GOD consists . For CHRIST came to bring us to GOD : and the great end of his Gospel , is , the assimilation of us to GOD , of which , justice , righteousness , mercy and peace make a great part . Now what sacredness shall be in the outwards of Worship and Government , that these must not be medled with by his hands ; and what unhallowedness is in the other , that they may fall within his Jurisdiction , my weakness cannot reach . As for instance , when the Magistrate allows ten per cent of in●●rest , it is just to exact it ; and when he bring● i● down to six per cent , it is oppression to demand ten per cent ; so that he can determine some matte●s to be just or unjust by his Laws : now why he shall not have such a power about outward matters of Worship , or of the Government of the Church , judg you ; since the one both in it self , and as it tends to commend us to God , is much more important than the other . It is true , he cannot meddle with the holy things himself ; for the Scripture rule is express , that men be separated for the work of the Ministery : And without that separation , he invades the Altar of GOD , that taketh that honor upon him , without he be called to it . But as for giving Laws in the externals of Religion , I see not why he may not do it , as well as in matters Civil . It is true , if he contradict the divine Law by his commands , GOD is to be obeyed rather than man. But this holds in things Civil , as well as Sacred . For if he command murder , or theft , he is undoubtedly to be disobeyed , as well as when he commands amiss in matters of Religion . In a word , all Subjects are bound to obey him in every lawful command . Except therefore you prove that Church-men constituted in a Synod are not Subjects , they are bound to obedience , as well as others : Neither doth this Authority of the Magistrate any way prejudge the power Christ hath committed to his Church : For a Father hath power over his Children , and that by a divine Precept , tho the Supreme Authority have power over him , and them both : so the Churches authority is no way inconsistent with the Kings Supremacy . As for their Declarative Power , it is not at all subject to him , only the exercise of it , to this or that person , may be suspended : For since the Magistrate can banish his Subjects , he may well silence them : Yet I acknowledg if he do this , out of a design to drive the Gospel out of his Dominions , they ought to continue in their duty , notwithstanding such prohibition ; for GOD must be obeyed rather than man. And this was the case of the Primitive Bishops , who rather than give over the feeding their Flocks , laid themselves open to Martyrdom . But this will not hold for warranting turbulent persons , who notwithstanding the Magistrates continuing all encouragements for the publick Worship of GOD , chuse rather than concur in it ( tho not one of an hundred of them hath the confidence to call that unlawful ) to gather separated Congregations , whereby the flocks are scattered . Phil. Nay , since you are on that Subject , let me freely lay open the mischief of it : It is a direct breach of the Laws of the Gospel , that requires our solemn assembling together , which must ever bind all Christians , till there be somewhat in the very constitutions of these Assemblies , that renders our meeting in them unlawful : which few pretend in our case . Next , the Magistrates commanding these publick Assemblies , is certainly a clear and superadded obligation , which must bind all under sin , till they can prove these our Meetings for Worship unlawful . And as these separated Conventicles are of their own nature evil , so their effects are yet worse , and such as indeed all the ignorance and profanity in the Land is to be charged on them : for as they dissolve the union of the Church , which must needs draw mischief after it , so the vulgar are taught to despise their Ministers , and the publick Worship , and thus get loose from the yoak . And their dependence on these separated Meetings , being but precarious , as they break away from the order of the Church , so they are not tied to their own order : and thus betwixt hands , the vulgar lose all sense of Piety , and of the Worship of GOD. Next , in these separated Meetings , nothing is to be had but a long preachment , so that the knowledg and manners of the people not being look'd after , and they taught to revolt from the setled Discipline , and to disdain to be c●techised by their Pasto●s , ignorance and profanity must be the sure effect of these divided Meetings . And in fine , the disuse of the LORD's Supper is a guilt of a high nature ; for the vulgar are taught to loath the Sacrament from their Ministers hands , as much as the Mass : and preaching is all they get in their Meetings : so that what in all Ages of the Church hath been looked on , as the great cherishing of Devotion and true Piety and the chief preserver of Peace among C●●●ti●ns , is wearing out of practice with our new modelled Christians . These are the visible effects of separating practices : But I shall not play the uncharitable Diviner , to guess at the secret mischief such courses may be guilty of . Basil. Truly , what you have laid out is so well known to us all , that I am confident Isotimus himself must with much sorrow acknowledg what wicked Arts these are that some use to dislocate the Body of Christ , and to sacrifice the interests of Religion to their vanity , humor , or perhaps their secular interests . But I hold on my design , and add , that if the Magistrate encroach on God's Prerogative , by contradicting or abrogating divine Laws , all he doth that way , falls on himself . But as for the Churches Directive Power , since the exercise of that is not of obligation , he may command a surcease in it . It is true , he may sin in so doing ; yet cases may be wherein he will do right to discharge all Associations of Judicatories , if a Church be in such commotion , that these Synods would but add to the flame : but certainly he forbidding such Synods ; they are not to be gone about , there being no positive command for them in Scripture , and therefore a discharge of them contradicts no Law of God , and so cannot be disobeyed without sin : and when the Magistrate allows of Synods , he is to judg on whether side in case of differences , he will pass his Law : neither is the decision of these Synods obligatory in prejudice of his authority ; for there can be but one Supream ; and two Coordinate Powers are a Chymaera . Therefore in case a Synod and the Magistrate contradict one another in matters undetermined by GOD , it is certain a Synod sins if it offer to countermand the Civil Authority , since all must be subject to the Powers that are , of which number the Synod is a part ; therefore they are subject as well as others . And if they be bound to obey the Magistrates commands , they cannot have a power to warrant the subjects in their disobedience , since they cannot secure themselves from sin by such disobedience . And in the case of such countermands , it is indisputable the Subjects are to be determined by the Magistrates Laws , by which only the Rules of Synods are Laws , or bind the consciences formally ; since without they be authorized by him , they cannot be Laws ; for we cannot serve two Masters , nor be subject to two Legislators . And thus , methinks , enough is said for clearing the Title of the Magistrate in exacting our obedience to his Laws in matters of Religion . Crit. Indeed , the congesting of all the Old Testament offers , for proving the Civil Powers their authority in things sacred , were a task of time : And first of all , that the High Priest might not consult the Oracle , but when either desired by the King , or in a business that concerned the whole Congregation , is a great step to prove what the Civil Authority was in those matters . Next , we find the Kings of Iudah give out many Laws about matters of Religion : I shall wave the instances of David and Solomon , which are so express , that no evasion can serve the turn , but to say they acted by immediate Commission , and were inspired of GOD. It is indeed true , that they had a particular direction from GOD. But it is as clear , that they enacted these Laws upon their own Authority , as Kings , and not on a Prophetical Power . But we find Iehoshaphat , 2 Chr. 17. v. 7. sending to his Princes to teach in the Cities of Iudah , with whom also he sent Priests and Levites , and they went about and taught the people . There you see secular men appointed by the King to teach the people : he also , 2. Chr. 19. v. 5. set up in Ierusalem a Court made up of Levites , Priests , and the chief of the Fathers of Israel , for the judgment of the LORD , and for the controversies among the people ; and names two Presidents , Amariah the chief Priest to be over them in the matters of the LORD , and Zebadiah for all the Kings matters . And he that will consider these words , either as they lie in themselves , or as they relate to the first institution of that Court of seventy by Moses , where no mention is made but by one Judicatory , or to the Commentary of the whole Writings , and Histories of the Iews , shall be set beyond dispute , that here was but one Court to judg both of sacred and secular matters . It is true , the Priests had a Court already mentioned , but it was no Judicatory , and medled only with the Rituals of the Temple . The Levites had also , as the other Tribes , a Court of twenty three for their Tribe , which have occasioned the mistakes of some places among the Iewish Writings : but this is so clear from their Writings , that a very overly knowledg of them will satisfie an impartial Observer . And it is yet more certain , that from the time of Ezra , to the destruction of the Temple , there was but one Court , that determined of all matters both Sacred and Civil ; who particularly tried the Priests , if free of the blemishes which might cast one from the service , and could cognosce on the High Priest , and whip him when he failed in his duty . Now this commixtion of these matters in one Judicatory , if it had been so criminal , whence is it that our LORD not only never reproved so great a disorder , but when convened before them , did not accuse their constitution , and answered to the High Priest when adjured by him ? Likewise , when his Apostles were arraigned before them , they never declined that Judicatory , but pleaded their own innocence , without accusing the constitution of the Court , though challenged upon a matter of doctrine . But they , good men , thought only of catching Souls into the Net of the Gospel , and were utterly unacquainted with these new coined distinctions . Neither did they refuse obedience , pretending the Court had no Jurisdiction in these matters , but because it was better to obey GOD than Man ; which saith , They judged Obedience to that Court due , if it had not countermanded GOD. But to return to Iehoshaphat , we find him constituting these Courts , and choosing the persons and empowering them for their work , for he constituted them for Iudgment and for Controversie ; so that though it were yielded , as it will never be proved , that two Courts were here instituted , yet it cannot be denied , but here is a Church Judicatory constituted by a King , the persons named by him , a President appointed over them , and a trust committed to them . And very little Logick will serve to draw from this , as much as the Acts among us , asserting the King's Supremacy yield to him . Next , We have a clear instance of Hezekiah , who , 2 Chron. 30. ver . 2. with the Counsel of his Princes , and of the whole Congregation , made a decree for keeping the Passover , that year on the second Month , whereas the Law of GOD had affixed it to the first Month , leaving only an exception , Numb . 9.10 . for the unclean , or such as were on a journey , to keep it on the second Month. Npon which Hezekiah with the Sanhedrim and people , appoints the Passover to be entirely cast over to the second Month for that Year . Where a very great point of their Worship ( for the distinction of days was no small matter to the Iews ) was determined by the King , without asking the advice of the Priests upon it . But that you may not think this was peculiar to the King of Israel , I shall urge you with other instances : When Ezra came from Artaxerxes , he brings a Commission from him , Ezra ch . 7. ver . 25 , 26. impowering him according to the wisdom of his GOD , that was in his hand , to set up Magistrates and Iudges , who might judg them that knew the Laws of his GOD , and teach them that knew them not : and a severe certificate is passed upon the disobedient ; and one of the branches of their punishment , which is by the Translators rendered banishment , being in the Chaldaick , rooting out , is by some judged to be Excommunication ; which is the more probable , because afterwards , Chap. 10. ver . 8. the Censure he threatens on these who came not upon his Proclamation , is , forfeiture of goods , and separation from the Congregation . Here then it seems a Heathen King gives authority to Excommunicate : but be in that what will , Ezra upon his return acted in a high Character , he makes the Priests , Levites , and all Israel , to swear to put away their strange Wives : he convenes all the people under the Certificate of separation from the Congregation , and enjoyns Confession of their sins and amendment : and we find both him and Nehemiah acting in a high Character about the ordering of divine matters , which could only flow from the King's Commission , for neither of them were Prophets , nor was Ezra the High Priest but his Brother , and so no more than an ordinary Priest. Mordecai likewise instituted the feast of Purim , for which nothing could warrant him , but the King's authority , committed to him , who gave him his Ring for sealing such Orders , since he was neither King , Priest nor Prophet . And on the way , let me observe what occurs from that History , for proving what was yesterday pleaded for , The Subjects ought not to resist , no not the tyranny of their Superiours , since a Writing was procured from Ahasuerus for warranting the Iews to avenge themselves , and to stand for their lives , and to destroy and slay all that would assault them , which saith they might not have done this before that writing was given out , and yet their killing of 74000 of their Enemies shews , what their strength was . But all I have said will prove that the Civil Powers under the Old Testament did formally judg about matters of Religion ; and that that priviledg belongs to Kings by vertue of their Regal dignity , and not as they are in Covenant with GOD , since even Heathen Kings give out Orders about divine matters . Poly. If from Sacred you descend to humane practices , nothing was more used than that the Emperors judged in matters of Religion , neither was this yielded to them only after they became Christians , but Eusebius , lib. 7. cap. 30. tells , how they made application to Aurelian a Heathen Emperor , for turning Samosatenus out of the Church of Antioch , who decreed that the Houses of the Church should be given to those Bishops , whom the Christians of Italy and the Roman Bishops should recommend to them . Constantine also , when not baptized , did all his life formally judg in matters both of Doctrine and Discipline : and for the Laws they made about Church matters , they abound so much , that , as Grotius saith , One needs not read them , but look on them to be satisfied about this . And indeed I know not how to express my wonder at the affrontedness of that Pamphleter , who denies this , pag. 483. Pray ask him , was the determining about the age , the qualifications , the Election , the duties of Church-men , the declaring for what things they should be deposed , or excommunicated , a formal passing of Laws in Church matters , or only the adding Sanctions to the Church determinations ? And yet who will but with his Eye run through either the first six Titles of the Code , or the 123. Novel , besides many other places , all these , and many more Laws about Church matters will meet him . But should I take a full Career here , I am sure I should be tedious , and Grotius hath congested so many instances of this , that I refer the curious Reader to him for full satisfaction . The Elections of Bishops which had been formerly in the hands of the people and Clergy , with the Provincial Synods that judged of them , became so tumultuary , that popular Elections were discharged by the Council of Laodicea , Can. 13. and the Emperors did either formally name , as Theodosius did Nectarius , or reserve the ratifying their Election to themselves . And I must confess , it is a pretty piece of History , to say the Bishops consented to this , either as diffident of their Office , or out of ambition . See p. 485. Tell your Friends that they must either learn more knowledg , or pretend to less ; for can they produce the least vestige for the one branch of this alternative , that the Bishops their allowing the Emperor such an interest in their Elections , flowed from a distrust of their Office ? Let them give but one scrap of proof for this , and let them triumph as much as they will. Is it not a pretty thing to see one talk so superciliously of things he knows not ? Isot. But all you have brought will never prove that a King may at one stroke subvert a Government established in the Church , and turn out all who adhere to it , and set up another in its place ; neither will this conclude that the King may enact all things about Ecclesiastical matters , and Persons , by his own bare authority , which is a surrender of our consciences to him : certainly , this is to put him in CHRIST's stead , and what mischievous effects may follow upon this , if all matters of Religion be determined , by the pleasure of secular and carnal men , who consider their interests and appetites more than God's glory , or the good of the Church and of Souls : Truly my heart trembles to think on the effects this both hath produced , and still may bring forth . See pag. 483. Phil. It is charity to ease your Lungs sometimes by taking a turn in the Discourse , though you need none of my help . But what you say , Isotimus , doth no way overturn what hath been asserted : for either the change that was made was necessary , sinful , or indifferent : the two former shall not be at this time debated , but shall be afterwards discussed : but if it be indifferent , then the Kings Laws do oblige us to obedience , and the mischief hath followed on the change falls to their share , who do not obey the King's Laws , when the matter of them is lawful . And as for the thrusting out Church-men when they are guilty , Solomon's precedent is convincing , who thrust out Ab●athar from the High Priesthood ; neither can the least hint be given to prove that he acted as inspired , and not as a King : and Nehemiah tho but commissionated by Artaxerxes , thrust one out from the Priesthood , for marrying a strange Woman . For your prying into Acts of Parliament , truly neither you nor I need be so much conversant in them . Neither were it any strange matter , if some expressions in them would not bear a strict Examen . But that you now challenge about the King's enacting of all matters , will never infer a surrender of conscience to him ; for certainly that must relate to what goeth before , of the outward Government and Policy of the Church . Besides , none will quarrel the phrase of the Kings authority in all things that are Civil ; yet that will not infer that he can enact the lawfulness of murther and theft . So these expressions must carry with them a tacite exception . Yea , even without that allowance , the phrase may be well justified , since it only imports that the Kings enacting any thing in these matters , makes them legal , which differs much from lawful ; and saith only that such Orders issued forth by the King , are de facto Laws , which will not conclude they must be obeyed ; but only that his authority is to be acknowledged , either by obedience , if the command be just , or by suffering , if unjust . As for the effects this may produce , I am sure they cannot prove worse than these which have followed upon the pretences of the Churches absolute authority , and intrinsick Sovereign Power . And indeed since there is so much corruption among men , nothing that falls into the hands of men , can scape the mixtures of abuse at long run . But I must add , that the passions and pride of many Church-men in all Ages have been such , that the decision of the plurality of Church-men , seems the model of the World that is fullest of danger . Isot. Three things yet remain to be discussed : The one is , if obedience be due to the Laws , when they command things contrary to our consciences ? For sure you cannot pretend in that case , to give a preference to humane Laws beyond conscience , which is the voice of GOD. The next is , when the Magistrate commands things just of themselves , but upon unjust motives and narratives , whether my obedience doth not homologate his bad designs ? And finally , where the commands of the Magistrate are manifestly unlawful , how far should the Church , and Church men , oppose and contradict them ? For a bare non-obedience seems not to be all we are bound to , in that case . When I am satisfied in these things , I will quit this purpose . Basil. To engage in a particular discussion of what is now moved by you , would draw on more discourse than our present leisure will allow of ; yet I shall attempt the saying of what may satisfie a clear and unprejudged mind . And to the first , I shall not fall on any longer enquiry into the nature and obligation of conscience , than to tell that conscience is a conviction of our rational faculties , that such or such things are sutable to the nature and Will of God. Now all Religion is bound upon us , on this account , that there is such evidence offered for its truth , which may and ought to satisfie the strictest Examen of Reason . And all certainty is resolved in this , that our rational faculties are convinced of the truth of the objects that he before us : which conviction when applied to divine matters , is called Conscience . But there may be great mistakes in this Conviction : for either the prejudices that lie on our minds from our senses , the prepossessions of Education , interest , or humors , the want of a due application of our faculties to their objects , or chiefly the dulness and lesion of our Organs , the corruption of our minds through sin and lust , occasion many errors : so that often without good reason , oft contrary to it , we take up persuasions , to which we stifly adhere , and count such convictions evidences of the Will of GOD. I acknowledg , when a Man lies under a persuasion of the Will of GOD , he ought not to go cross to it : for this opens a door to Atheism , when that is contradicted of which we are convinced . But if this persuasion be false , it cannot secure a Man from sinning in following of it . For it is a Man 's own fault that he is thus imposed upon , since if his rational faculties were duly applied , and well purified , they should prove unerring touchstones of truth . If therefore through vanity , wilfulness , rashness , or any other byass of the mind , it be carried to wrong measures , a Man is to blame himself , and thus his errour ought to aggravate , and not lessen his guilt . If then a Man's conscience dictate to him the contrary of what GOD commands , in that case , he is in a visible hazard : for his error can never t●ke away GOD's Autho●ity , and so his wrong informed conscience doth not secure him from guilt , if he be disobedient . On the other hand , nothing in Scripture can bind a Man to act a-against the convictions of conscience , since we are bound to believe the Scriptures , only because of the evidence of their authority to our rational faculties : If then our belief of the Scriptures rest on that foundation , no part of Scripture can bind us to walk contrary to that evidence , for then it should destroy that Principle on which our Obligation to believe it self is founded , which is the evidence of reason ; and so in that case , a Man sins whatever he do . Neither is this to be accountd strange , since that erroneous conscience is from man's own fault . And that which some alledg to escape this , that in such cases a Man ought to forbear from acting , will not serve turn , to excuse a Man from sin : For in these Precepts which exact a positive obedience , such a ●orbearance and surceasing from action , is a sin . Upon these Evidences then it will follow , that if the conviction of our conscience run contrary to the Magistrates commands , these convictions are either well grounded , or ill : If the former , then the Magistrates command being contrary to the nature and Will of GOD , a●e not to be obeyed : If ill grounded , then that mistaken persuasion cannot secure us from sin , no more than in the case of conscience contradicting the Law of GOD : for the Laws of the Magistrates in things lawful , are the Laws of GOD , being the application of his general Laws unto particular instances , by one cloathed with authority from him . Therefore tho I do not say the Laws of the Magistrate can warrant our counteracting an erroneous conscience ; yet on the contrary , a misinformed conscience will not secure us when we disobey the Magistrates lawful commands . And thus I think your first Question is clearly answered . End. You have a great deal of reason to say so , your discourse being so closely rational , that I cannot see any escape from any pa●t of it ; yet I must add , that certainly it is a piece of Christian tenderness , which obligeth all in Authority , to beware of laying gall-traps and snares in the way of tender consciences . And the best way to get an undisputed obedience , is , that their commands be liable to as few exceptions as is possible ; and that the good of any such Laws be well ballanced with the hazards of them , that so the Communion of the Church in all outwards , particularly in the Sacraments , may be had on as easie terms as is possible , whereby nothing be enacted that may frighten away weak●r minds from the f●llowship of the Saints . But on the other hand , great caution must be had by all Subjects on what grounds they refuse obedience to the Laws , that so they be not found following their own designs and interests , under a colour of adhering firmly to their consciences . They must deliver themselves from all prepossessions , and narrowly examine all things , ere they adventure on refusing obedience to the Laws . But now consider if an unjust motive or narrative in a Law , deliver tender consciences from an obligation to obey it , or not ? Basil. If the Magistrate do couple his motive and narrative with our obedience , so that we cannot do the one without a seeming consent to the other , then certainly we are not to obey : For actions being often signs of the thoughts , an action how indifferent soever , if declared a sign of concurring in a sinful design , makes us guilty , in so far as we express our concurrence by a sign enjoyned for that end . But if the motive or narrative be simply an account of the Magistrates own thoughts , without expressing that obedience is to be understood as a concurrence in such intentions , then we are to obey a lawful command , tho enacted upon a bad design : For we must obey these in Authority , ever till they stand in competition with GOD. If then their Laws contradict not GOD's Precepts , neither in their natural nor intended si●nification , they are to be obeyed , whatever the grounds were for enacting them , which is only the Magistrates deed , for which he shall answer to GOD. Poly. This calls me to mind of two Stories not impertinent to this purpose : The one is of Iulian the Apostate , who to entangle the Christians , that never scrupled the bowing to the Emperors Statue , as a thing lawful , caused to set up his with the Images of some of the Gods about it , that such as bowed to it , might be understood , as ( likewise ) bowing to the Images : which abused some of the simpler : but the more discerning refused to bow at all to those Statues , because he intended to expound that innocent bowing to his Statue , as an adoration of the Gods about it . A Christian likewise being brought to the King of Persia , did according to the Law bow before him ; but when he understood that to be exacted as a divine Honor to the King , he refused it . Eud. This is clear enough that all actions are as they are understood , and accordingly to be performed , or surceased from . But it seems more difficult to determine what is to be done in case a Magistrate enact wicked Laws : Are not both his Subjects bound to refuse obedience ; and the Heads of the Church , and the watchmen of Souls likewise to witness against it ? And may they not declare openly their dislike of such Laws or practices , and proceed against him with the censures of the Church ? since as to the Censures of the Church , we see no reason why they should be dispensed with respect of persons , which S. Iames condemns in all Church Judicatories . Basil. I shall not need to repeat what hath been so often said , that we must obey GOD rather than man : if then the Magistrates enjoyn what is directly contrary to the divine Law , all are to refuse obedience , and watchmen ought to warn their Flocks against such hazards ; and such as can have admittance to their Princes , or who have the charge of their Consciences , ought with a great deal of sincere freedom , as well as humble duty , represent the evil and sinfulness of such Laws : but for any Synodical Convention , or any Declaration against them , no warrant for that doth appear ; and therefore if the Magistrate shall simply discharge all Synods , I cannot see how they can meet without sin . But for Parochial meetings of Christians for a solemn acknowledgment of GOD , such Assemblings for divine Worship , being enjoined both by the Laws of Nature , and Nations , and particularly commanded in the Gospel , no consideration can free Christians from their Obligation , thus to assemble for Worship : if then the Magistrate should discharge these or any part of them , such as Prayer , Prais●s , and reading of Scriptures , preaching the Gospel , or the use of the Sacraments , they are notwithstanding all that to be continued in . But for the consultative or directive Government of the Church , till a divine Command be produced for Synods or Discipline , it cannot lawfully be gone about without or against his authority . Crit. For refusing obedience to an unjust command , of surceasing visible Worship , the instance of Daniel is signal : who not only continued his adorations to GOD , for all Darius his Law ; but did it openly , and avowedly , that so he might own his subjection to GOD. But for reproving Kings , we see what caution was to be observed in it ; since GOD sent Prophets with express Commissions for it in the Old Testament : and Samuel notwithstanding this severe message to Saul , yet honored him before his people . It is true , there should be no respect of persons in Christian Judicatories : but that is only to be understood of these who are subject to them : and how it can agree to the King who is Supream , to be a Subject , is not easily to be comprehended . Since then honor and obedience is by divine precept due to Magistrates , nothing that invades that honor , or detracts from that obedience , can be lawfully attempted against them : such as is any Church-censure or excommunication . And therefore I cannot see how that practice of Ambrose upon Theodosius , or other later instances of some Bishops of Rome , can be reconciled to that , Render fear to whom fear , and honor to whom honor is due . Phil. I am sure their practice is far less justifiable , who are always preaching about the Laws and times to the people , with virulent reflections on King , Parliament and Council : much more such as not content with flying discourses , do by their writings , which they hope shall be longer lived , study the vilifying the persons , and affronting the authority of these GOD hath set over them . And how much of this stuff the Press hath vented these thirty years by past , such as knew the late times , or see their writings , can best judge . Eud. Now our discourse having dwelt so long upon generals , is to descend to particulars : That we may examine whether upon the grounds hitherto laid down , the late tumults , or the present Schisms and divisions can be justified , or ought to be censured ? I know this is a nice point , and it is to be tenderly handled , lest all that shall be said be imputed to the suggestions of passions and malice . Wherefore let me intreat you who are to bear the greater part of that discourse , to proceed in it calmly , that it may appear your designs are not to lodge infamy on any party or person , but simply to lay out things as they are : hoping withal , that you will not take your informations of what you say from the tatles of persons concerned , but will proceed on true and sure grounds . And that we may return to this with the greater composedness of spirit ; let our serious thoughts be interrupted with some chearfuller diversions : for our spirits are now too far engaged to fall upon such a Head. Isot. You have a great deal of reason to guard your Friends well when they are to fall upon such matters , lest they sin against the generation of GOD's Children . For my part , I am not afraid to enter on a discussion of these things , and doubt not to make it appear how the LORD's work was signally carried on by his faithful Servants , and that he himself appeared in it , even to the conviction of all beholders . If there were any either of the Church or State , who covered their own bad designs , under these pretences , that makes not the cause a whit the worse : for CHRIST chose twelve , and one of them had a Devil . Phil. Were I at present to fall a canvasing these things , I doubt not I should quickly make all your Plumes fall off : but I am willing at this time to break off our Conference : for this point will neither be soon dispatched nor easily mananaged ; therefore we shall now part with an appointment to meet next day in this same place after Dinner . Basil. I believe none of us are so weary of another , or of the Discourses we have tossed these two days , that it is needful to apprehend any will fail of being here at that hour : therefore , good night to you all . Isot. Be sure , I shall keep it , if an unavoidable excuse detain me not . Adieu . Crit. For me and Polybistor , though it is like we shall not have great occasion of bearing our share in your Discourse , yet we will not fail to be here . Eud. I cannot express my sense of the Honour you do me , in making this place still happy with so many good Company , and so much pleasant Discourse : and therefore you may assure your selves , I will wait for your return , not without impatience . And so I bid you all , good night . THE THIRD CONFERENCE . Isotimus . WE are again as good as our word in keeping this appointment , and I hope we shall be no less exact in observing the Rule we concluded last night of tempering our passions ; only I must guard you against the mistaking my zeal I may express for passion : remember who said , The zeal of thy house hath eaten me up , who also scourged the buyers and sellers out of the Temple . Eud. I confess , I want not my fears of some heat and excess in this days Discourse : but I will crave leave to check it on what side soever it appear , I know there is a holy zeal for GOD , which will inflame a devout mind . But its fire 〈◊〉 mild and gentle , free of blustering and disorder : and that rage which is in many , for some Parties or Opinions , and against others , being as void of knowledg as of Charity , ought not to pretend to Christ's Example , unless they be likewise acted by his Spirit . A diligent search will quickly discover , if our motives and maxims have a tincture of his lowly meek and self-denying spirit in them . And certainly if our zeal be for GOD , it will take its degrees from the proportion of its Objects . It is therefore a Pharisaical pretence to own a zeal for some smaller matters , which have scarce been thought upon by the whole series of Christians in all Ages , till of late , when we are so cold in the defence of Peace , Charity , obedience to those over us , and the Unity of the Church : which are great , certain , and indispensible Duties . That zeal likewise which transports a man unto unjustifiable heats of railing against particular persons , and appears in a bitter humor of dull jeering , and bold detraction , hath no reason to shroud it self under the Example of CHRIST's holy zeal ; who tho in the spirit of a Zealot , having proved his divine Mission and authority by Miracles , he whipped the defilers of the Temple out of it ; yet that dispensation wherein such practices were not unusual from extraordinary persons , being now changed into the new one , whose distinguishing Character is Charity , we are to bridle all the motions of distempered heat , left the effects of it be as unjustifiable as it self is . For it is to be considered , that the proper characters of the Gospel Spirit , are not devotion towards GOD , or zeal for his truths , which were common both with the Religion traditionally conveyed from Adam , and Noah , and that which was delivered to Moses ; but that which CHRIST hath made the cognisance of his Disciples , is , That they love one another , whereby all must know them to be such . And therefore all these who discover a spirit of hatred , rage , and malice at these , of whom they cannot deny but they may be Christ's Disciples , prove themselves to be void of his Spirit . Now , Isotimus , what endless complaints could I here make of some you know of , who are perpetually trafficking to make all who differ from them odious , who catch up every Tattle they hear that may defame them , and are sure to spread it as far as either their Tongue or Pen can reach : nor are they Niggards of their additions to them , to make them swell bigger . With what marvellous joy do they suck in an ill report ? and tho it be but dubiously related , they will be sure to vent it as the greatest truth in the World. And when the stock of Reports fails them , then they break in upon their Magazins of Forgeries : and here is an endless Trade . Sometimes they will piece up things as incoherent as the Rags of a Beggars Cloak , and shew either their pretended intelligence , or profound sagacity , to smell out bad intentions . If they can fix nothing on their Adversary , then that he is an Hypocrite , or a Dissembler , comes well to serve all purposes , and to defeat the best intentions : And , oh ! but the jealousies of Popery and Jesuitical practices , work wonders on their Belief ! Indeed , Sir , I must tell you freely , I see a Spirit stirring among us , which I look upon as tinctured with the deepest dye of Antichristianism , and so void of the common impressions of good nature and civility ; but much more of his Image , who will have us learn of him , in that he is meek and lowly , that really a Man had as well live among Scythians and Barbarians , as among such Wasps and Vipers . Every thing is alike for their malice . Do some that differ from them live in a franker way , these are sure to be called licentious and profane . Are others more severe , silent , an● retired , who express a contempt of the world with all its enjoyments , these must pass for Papists , Juglers and Hypocrites ; and their best ac●ions must be lashed with the worst Censures . Again , if we treat them softly with gentleness and respect , then they are insolent , and impute such usage to ou● distrust of our own Opinions , and a forced value of thei● way . And if we use a little more freedom to speak home , and discover their weakness and perversness to them , then they rage and some , and call us Blasphemers ; and apply all the threatnings against mockers of GOD and Piety , to such as shall offer to unmask them , or disclose any of their follies . If these in Authority coerce them , nothing is to be heard but complaints of persecution , and revilings , and evil surmisings : But will gentle courses mollifie their hearts ? No , not so much as to be grateful or civil to those to whom they ow them : but they will be sure to observe how GOD binds up the hands of the wicked , and how marvellously he protects his own : and all the favor shewed them will have no better character than a very mean and scant act of Iustice , ●licite by a visible State conveniency , if not necessity . See p. 493. You know of whom I mean , and how justly applicable these Characters are to them : and that they are not the dreams of an e●travagant fancy ; but true , though imperfect descriptions of what every one sees to be among us . Isot. I am heartily sorry to find you the first that swerves from your own Rule , and to hear you engage in a Discourse so unlike your self , at least so different from the character is conceived of you : these invectives being fitter for the Author of the friendly Debate , the Scribl●r of the Dia●ogues , or the Asserter of Ecclesiastical Policy , who have mortally wounded Religion , and all the professions and expressions of it , under a pretence of unvailing the Pharisaical spirit . And indeed you are now in the same Tract , your design being to charge all the faithful servants of CHRIST , with this tatling , whispering , and censorious temper ; because perhaps some idle people who own a kindness for these Opinions , but really are of no principles , may be guilty of these ways . Eud. I beseech you , wrest not my words beyond my design , and their meaning . I charge not the whole Party with these Arts : yet that there is too great compliance given to them , and too little freedom used against them , by too many , may without unjustice , or breach of Charity , be averred : but the disclosing of these is so far from injuring Religion , that I know nothing so proper for recovering the World from the jealousies these Arts have occasioned at it , as the unmasking of that Spirit ; that so the amiable and lovely visage of true Religion may appear in its own lustre , and free of these false Colors some unjust pretenders to it , h●ve cast over it : and therefore these Writings you mention , seem to have pursued a noble Design , which shall not want its reward . B●t remember I make a vast difference betwixt the being of an Opinion , and the pursuing all these crooked and wicked practices for its defence , which I have laid before you . At the former , I have no quarrel : for knowing how subject my self is to mistakes , I censure and judg none for their Opinions , till they strike at the foundations of Faith , or a good life : And so do not only not charge all your Party with these imputations , but know a great many of them who are very free of them : but that many are too guilty of them , is what your self dares not deny . And how much of that temper appears in the late Pamphlets , I leave with every rational Reader to conside● : for it is not worth the while for any of us to sit down , and canvass them all . But how guilty are most of you in this which you here blame me unjustly for , which is the charging a Party with the escapes , how great or signal soever , of some individuals . For to undertake the Patrociny of every man in every Party , is that which none in his right wits will do : To deal therefore equally with you , I neither think your Party nor ours , culpable for the faults of some particular persons . B●t , Sir , when a perverse detracting Spirit gets in to these who pretend highly , certainly they ought to be told it , and that roundly too . For you know the greatest danger to Religion , is to be apprehended from the leaven of the Scribes and Phari●●ecs ; since open and discernible faults do not so much prevail for infecting the Christian S●creties , as these secret and more easily palliated errors . Consider therefore a little what was the righteousness of the Pharisees , and what was their leaven , and search for it ; left it yet leaven you , and lest your righteousness exceed not theirs . The Pharisees prayed often , and long , both in the Synagogues , streets , and widows houses : they studied the Law exactly , and had a great reverence for Moses and the Prophets , and much zeal against blasphemers , false teachers and hereticks : They were strict observers of the Sabbath , and were careful to prepare for their Passouer solemnities : They had great respect for the opinions of their Ancestors : They looked grave and solemn : They fasted often , and gave tythes of all they had : Their outward deportment was not only clean , but beautiful : They were zealous to gain Proselytes , and expressed a tenderness of conscience , even in the smallest matters : They were careful to avoid all converse with profane or wicked persons . In a word , they had many things , which to a vulgar and less discerning eye , made a fair show in the flesh . But with all this , they were proud , and exalted in their own conceits , so that they despised all other persons : They were Magisterial , and desired to prescribe to every body : They were full of empty boastings , and assumed to themselves big and swelling Titles : and all their opinions they obtruded as Oracles . They did all to be seen of men , and loved salutations in the market places , and the uppermost rooms at feasts . They envied any they saw outstrip them in true worth ; and hated and contemned all that followed these . They studied to calumniate and revile every person that opposed them , with the most unjust and cruel reproaches , excommunicating all who adhered to them : Neither would they yield to the clearest evidences were offered for their conviction : and nothing but the blood of the most innocent could satisfie their revenge . They were covetous , and devoured widows houses , with their pretences of devotion . They were false and subdolous , studying to ensnare others in their speeches , or wrest what they said to a contrary and mischievous sense . They were traytors to these in Authority , though when it might serve their ends , they spared not to pretend much zeal for them : and the fervor of their zeal made them often attempt the murde●●ng of those who opposed them , and discovered their false pretexts , and mischievous designs . And from this , let all J●dge how much of that Pharisaical leaven doth yet lurk , and leaven among us . I know the application would be thought as invidious , as it is obvious . And , I pray GOD , those g●ilty of these evils , may charge them home upon themselves : For I confess , I love not that part of the Chirurgeons trade so well , as to dwell longer on the cutting of ulcers , or the searching of sores : and these whom this general hint will not help to some conviction , would be little prevailed upon by a closer discovery of the parallel . But m●stake me not , as if I charged one party only with this leaven , which is , alas ! too visible among many of all sides and parties . But to dwell no longer on generals , which every one will drive off himself , and lodge on others , let us now come to a closer review of our late times . And here , Philarcheus , I quit the Theme to you , who I know can manage it better . Phil. Truly , when I reflect on the late times , and the spirit which did then act in the Judicatories both of Church and State , I wonder much how any can be guilty of the error of thinking it was the cause of GOD was then fought for . I deny not but a great many , yea , I am willing to hope the greater part , were misled and abused , and did imagine it was Religion and Liberties they fought for ; and so went out as they were called , in the simplicity of their heart , and knew not any thing of the secret designs of their Leaders : As in the case of Absoloms rebellion , two hundred went from Ierusalem with him , which might well a little excuse their fault , but could not alleviate the guilt of that unnatural rebellion : so whatever may be said for excusing the multitudes , who , I doubt not , meant well , yet that will never serve for vindicating the course was followed . I confess , if I saw any remorse or shame for by-past miscarriages ; if I found these people we speak of , either humbled for them before GOD , or ashamed of them among men , I should be the last on earth who would upbraid them with them : and that the rather , that His Majesty hath buried the remembrance of them by a gracious oblivion . But when they continue so insolent , as still to bear up so high in their pretentions , as if GOD had been visibly with them : and when they think it an injury to their innocency to tell them of an indemnity , who would not be tempted to take them to task , and examine all their vain boastings , and empty pretences ? to which I am both provoked from their arrogance , and invited from the evident proofs of all I shall alledge , which I can lay before you from authentical Papers and Registers : and I shall freely tell you , that if any of these Pamphleteers had but the half to say of these who yield a complyance to the present Establishment , which I can say of them , the world would ring with it . But I count the defaming of men a wo●k as mean , as it is cruel . Yet I look upon my self as obliged to give some accounts of the spirit and ways of these people , which I shall do with all the reserve and caution that becomes a Christian. Eud. Hold , hold , I pray you , run not too far in your carreer , lest you lay open things were better hid : I confess these Writers do justly draw it from you ; but for the faults of two or three , be not cruel to a multitude . And what will all you shall say avail ? for we know well enough how little the clearest evidence will prevail upon their belief : And though I in particular , know upon what grounds you can go , for verifying all you undertake , and that they are unexceptionably clear ; yet it is a dunghil not to be searched too much . Wherefore let me , with my most earnest intreaties , divert you from the discourse you have threatned Isotimus with . But because all these mens defences of the resistance Subjects may make to their Sovereigns , go upon the principles of maintaining Religion and Liberties , when invaded by the Magistrate ; we will therefore be beholden to you , if you satisfie us , whether the late wars , as they were begun and carried on , were defensive or not ? Phil. Your authority over me is so entire , that your commands never fail of determining my obedience , therefore for this once I shall yield to your desire , but with this declaration , that if Isotimus cannot prevail among his friends , for conjuring that pamphleting spirit into silence , I will be forced on more freedom than I either design or desire : and be made to tell name and surname of the Actors of many things , which they may wish lay dead : and be made to prove them from authentick papers and records , and discover a mystery of iniquity , which hath lien long hid under fair pretences : and in a word , let you understand what were the arts , caballings , and intrigues of these who pretended so much to the interest of CHRIST , when they sought their own : and if in doing this , I be forced on much round and plain dealing , the blame of it will fall to their share who extort it from me . But I come now to satisfie your desire , and doubt not to convince you , that the late wars were an invasion of the Kings Authority , and of the established Laws , and were not for defence of any part of the established Religion and Liberties . In the year 1938. His Majesty having understood , that the authorizing of the Service-Book , and Book of Canons , and the establishment of the High-Commission-Courts were illegal ; did upon the representation of those grievances , not only retract what he had formerly done , but in the fullest manner discharged them , and though the Articles of Perth stood setled by Law , yet upon their petitions , who counted them grievances , he warranted their disuse : and for securing the fears of his Subjects of the change of Religion , ( with which some factious spirits had poysoned them ; ) he appointed the National Covenant , as King Iames had signed it , to be taken by all his Subjects with a bond of mutual defence and adherence to it : He also summoned an Assembly and Parliament , for satisfying all the just demands and grievances of his Subjects . But did this satisfie the zeal of that party ? No , for when all colors of grounds were removed from those malicious imputations , with which his Majesties actions were aspersed ; then did they flee to their safe and sure refuge of jealousies and fears , out of which there was never any storming of them , as if all had been only offered to trepan and deceive them . And after His Majesty had called a Synod at Glasgow , then came in the Lay-Elders , who were all of the Nobility , and men of the greatest eminence of the Kingdom , and carried the elections of the members of the Assembly in the most arbitrary manner imaginable : many instances whereof I can yet prove from authentick papers , one generall I shall only name , ( for did I stand to reckon up all , I should never get to an end : ) the ruling Elders who came from every Pa●och to the Presbyteries , for electing the Commissioners to the Assembly , were men of power , and of one knot ; and so when it was voted what Ministers should be chosen , they who were listed , being at least six , were set to the door , and thus the Elders who stayed within , carried the election as they pleased . And when the commissionated ruling Elder was chosen , they were all so associated , that they could not choose wrong . And thus it was , that the secular men did intirely choose the members of the Assembly of Glasgow . But before they went to it , a written citation of the Bishops was ordered to be read through all the Churches of Scotland ; wherein they were cha●ged , as guilty of all the crimes imaginable , which as an Agape after the Lords Supper , was first read after a Communion at Edinburgh : and upon it , orders were sent every where , for bringing in the privatest of their escapes . ( And you may judge how consonant this was to that Royal Law of charity , which covers a multitude of sins ) nor was the Kings Authority any whit regarded all this while . Was ever greater contempt put on the largest offers of grace and favor ? And when at Glasgow His Majesty offered by his Commissioner , to consent to the limiting of Bishops , nothing would satisfie their zeal without condemning the order , as unlawful and abjured . But when many illegalities of the constitution and procedure of that Assembly were discovered , their partiality appeared , for being both Judg and Party , they justified all their own disorders . Upon which His Majesties Commissioner was forced to discharge their further sitting , or procedure , under pain of Treason : but withal published His Majesties Royal intentions to them , for satisfying all their legal desires , and securing their fears . But their stomachs were too great to yield obedience , and so they sate still , pretending their authority was from CHRIST , and condemned Episcopacy , excommunicated the Bishops , with a great many other illegal and unjustifiable Acts. And when His Majesty came with an Army to do himself right by the Sword GOD had put in his hands , they took the start of him , and seised on his Castles , and on the houses and persons of his good Subjects , and went in a great body against him . Now in this His Majesty had the Law clearly of his side : For Episcopacy stood established by Act of Parliament . And if this was a cause of Religion , or a defence of it , much less such as deserved all that bloud and confusion which it drew on , let all the World judg . It is true , His Majesty was willing to settle things , and receive them again into his grace , and upon the matter granted all their desires : but they were unsatisfiable ; upon which they again armed . But of this I shall not recount the particulars , because I hope to see a clear and unbyassed narration of these things ere long . Only one Villany I will not conceal , at the pacification at Berwick , seven Articles of Treaty were signed ; But the Covenanters got a paper among them , which passed for the conditions of the agreement ; though neither signed by his Majesty , nor attested by Secretary or Clerk : and this being every where spread , his Majesty challenged it as a Forgery : and all the English Lords who were of the Treaty , having declared upon Oath , that no such paper was agreed on , it was burnt at London by the hand of the Hangman , as a scandalous paper . But this was from the Pulpits in Scotland , represented as a violation of the Treaty , and that the Articles of it were burnt . These and such were the Arts the men of that time used to inflame that blessed King 's native Subjects against him . But all these were small matters to the following invasion of England , An. 1643. For his Majesty did An. 1641. come to Scotland , and give them full satisfaction to all , even their most unreasonable demands ; which he consented to pass into Acts of Parliaments . But upon his return into England , the woful rupture betwixt him and the two Houses following ; was our Church-party satisfied with the trouble they occasioned him ? No , they were not : for they did all they could to cherish and foment the Houses in their insolent Demands , chiefly about Religion : and were as forward in pressing England's uniformity with Scotland , as they were formerly in condemning the design of bringing Scotland to an uniformity with England . I shall not engage further in the differences betwixt the King and the two Houses , than to shew that His Majesty had the Law clearly of his side , since he not only consented to the redress of all grievances , for which the least color of Law was alledged ; but had also yielded to larger concessions for securing the fears of his Subjects than had been granted by all the Kings of England since the Conquest . Yet their demands were unsatisfiable without His Majesty had consented to the abolishing of Episcopacy , and discharge of the Liturgy , which neither his Conscience , nor the Laws of England allowed of : so that the following War cannot be said to have gone on the principles of defending Religion ; since His Majesty was invading no part of the established Religion . And thus you see , that the War in England was for advancing a pretence of Religion . And for Scotlands part in it , no Sophistry will prove it defensive : for His Majesty had setled all matters to their hearts desire , and by many frequent and solemn protestations , declared his resolutions of observing inviolably that agreement : neither did he so much as require their assistance in that just defence of his Authority , and the Laws , invaded by the two Houses : though in the explication of the Covenant , An. 1039. it was agreed to , and sworn , That they should in quiet manner , or in Arms , defend His Majesties Authority , within or without the Kingdom , as they should be required by His Majesty , or any having his Authority . But all the King desired was , that Scotland might lie neutral in the quarrel , enjoying their happy tranquillity : yet this was not enough for your Churches zeal , but they remonstrated that Prelacy was the great Mountain stood in the way of Reformation , which must be removed , and they sent their Commissioners to the King with these desires , which His Majesty answered by a Writing yet extant under his own Royal hand , shewing , That the present settlement of the Church of England was so rooted in the Law , that he could not consent to a change , till a new form were agreed to , and presented to him : to which these at Westminster had no mind : but he offered all ease to tender Consciences , and to call a Synod to judg of these differences , to which he was willing to call some Divines from Scotland , for bearing their opinions and reasons . At that time , Petitions came in from several Presbyteries in Scotland , to the Conservators of the Peace , inciting them to own the Parliaments quarrel : upon which many of the Nobility , and others , signed a Cross Petition , which had no other design , but the diverting these Lords from interrupting the Peace of Scotland , by medling in the English quarrel : upon which Thunders were given out against these Petitioners , both from the Pulpits , and the Remonstrances of the Commission of the General Assembly ; and they led Processes against all who subscribed it . But His Majesty still desired a neutrality from Scotland ; and tho highly provoked by them , yet continued to bear , with more than humane patience , the affronts were put on his Authority . Yet for animating the people of Scotland into the designed War , the Leaders of that Party did every where study to poison the people with damnable jealousies of the King's inclination to Popery , of his accession to the Massacre of Ireland , and of his designs to subvert by force the late agreement with Scotland , if his Armies were blessed with success in England . It were an endless work to tell all the ways were used for rooting these wicked jealousies in the peoples hearts : neither were all His Majesties protestations able to overcome them : yet in end , when His Majesty finding what their inclinations were , did refuse to admit the Commissioners from Scotland to mediate betwixt himself and the Houses , they returned home ; and immediately upon that , contrary to all the Laws of Scotland , a great meeting of Counsellors , Conservators , and Commissioners for the publick burdens , ordained a Convention of Estates to be summoned , which was never before done without the King's command , except in the minority of the Kings : neither did they so much as wait for the King's pleasure , but only signified their resolution to him , and desired His Commands against the day prefixed . Here was an invasion of the King's Prerogative , which deserved a high Censure : yet so far did His Majesty's clemency , and love to his native Kingdom lead him , that he dispensed with this transgression , and allowed their sitting in a Convention , provided they meddled not in the business of England , nor raised an Army in order to it : But notwithstanding this , they voted themselves a free Convention , and not restricted to the bounds prescribed in the King's Letter , which they refused to registrate . And after this , they leagued with England . But having spoke my self out of breath , I quit the giving account of what follows to Basilius . Basil. I have observed one defect in your Narration , for which I will be very favorable to you , beca●se I ●ntend to be guilty of that ●ame fault my self ; which is , that you have spoken nothing of the National Covenant , and I mean to say as little of the L●ague . And I am apt to gues● that your silence was designed upon the same grounds that mine is : for indeed I can satisfie my self with nothing I can say upon the League , except I told all I know of the Arts and manner of its contrivance . And truly , I cannot prevail upon my self at present , for the saying of that . Therefore I will draw a vail over it , and say nothing , till I see further reason for a more full discovery ; and then I am afraid Isotimus shall confess , it was not prudently done to h●ve extorted it from me . But to quit this , and pu●sue the Narration Philarcheus hath devolved on me , I shall tell you how Commissioners c●me from England to treat for an Army from Scotland , for their assistance in the War they were then engaged in against the King : Upon which all Articles being agreed to , and a League ●wo●n , an Army was sent into England , which turned the seales that did then hang in an even ballance , to the King's ruin . And truly , my invention cannot reach an argument , or color , for proving these to have been defensive Arms , they being the effect of a combination with the Subjects of England against our common King. B●t shall I next tell you what followed after the fatal revolution of things in England , upon his Majesties trusting himself to the Scots Army , I am sure I should ●ill your minds with horror . For though His Majesty offered Concessions , justly to be wondered at , he having been willing to quit the Militia for divers years , and to set up Presbytery for three years ; and that in the mean while there should be a free Synod , in order to a final settlement with other great diminutions of Royal Authority ; which shew how willing he was at his own c●st to have redeemed the peace of his Kingdoms : only he added , that his Conscience could not allow him to take the Covenant , nor authorize it by Law , nor consent to the abolition of Episcopacy , or the Liturgy ; protesting that how soon he could do these things with a good Conscience , he should yield to all the desires of his Subjects : in the mean while , he intreated for a personal Treaty , in order to mutual satisfaction . Yet with how much fury did that Party press the setling of the Government without him , the di●owning his interest , and the abandoning of his Person to his Enemies ; tho at that very time , the designs of the Sectarian Party , against both Monar●hy and His Majesties Person , were breaking out , and had been made known to them by those who understood them well ? What followed upon this , I wish my silence could bury from the knowledg of all the World. But , al●s ! it is too well known what infamy these Men brought upon themselves , and their Count●y : which in the Opinion of the World , was generally held guilty of that which was the Crime of the prevailing Party , whom the Leaders over-awed and influenced . But after that , when His Majesty was made Prisoner ; when he was carried up and down by the Army ; when the Army forced both the Houses , and the City of London ; when the Treaties of Scotland were violated in all their Articles ; when the Propositions agreed on by both Kingdoms , were laid aside , and the four Bills set in their place , wherein the Covenant was not mentioned ; when upon His Majesties refusing of these he was made Prisoner , and the Vote of Non-addresses passed against him , then did the Loyalty of the Scots Nation begin again to revive : and what through the sense of duty , what through the remorse of their former actings , eve●y one was forward to real resentments of these unworthy indignities put both on their King and Country : but when the Parliament of Scotland had voted the Country to be put in a posture of War for the defence of their S●vereign , then where should I end , if I told all the seditious Papers , Preachings , and Discourses of some of the Clergy , who contradicted and countermanded the Parliament to a height of unparalelled boldness , even after all their desires , which they gave in a large Remonstrance , were granted ? But did that satisfie ? No : they then took refuge in their common Sanctuary of jealousies and fears . They threatned all who obeyed the commands of the Parliament , not only with their Church-censures , but with damnation . They did every where incite the people to rise in Arms against the Parliaments Forces : and at a Communion at Matchlin , they did so work upon the Vulgar , that they prevailed to get them draw up in a Body , promising them great assistance both from GOD and men . They kept a correspondence with the Sectarian Army , and continued by many Letters to press their speedy march unto Scotland ; and after the Scots Army marched unto England , and was by the wise judgment of GOD defeated , then did many of the Ministers , with all the vehemence imaginable , infl●me the people to Rebellion , and got them to rise , and the● marched before their Parishes like Captains . They also called for the help of the Sectarian Army to them . And thus did they stand to the Covenant , in maintaining the Privileges of Parliament , and preserving the King's Person and Authority . And when His Majesty was murdered , what attempts made they for the preservation of His Person , or for the resenting it after it was done ? This was the Loyalty of that Party ; and this is what all Princes may expect from you , unless they be absolutely at your Devotion . Let these things declare whether these Wars went upon the grounds of a pure defence . But if next to this , I should reckon up the instances of Cruelty that appeared in your Judicatories for several years , I should have too large a Theme to run through in a short Discourse . What cruel Acts were made against all who would not sign the Covenant ? They were declared Enemies to GOD , the King , and the Country . Their persons were appointed to be seized on , and their goods confis●ated . And in the November of the year 1643. when some of the most eminent of the Nobility refused to sign the Covenant , Commissions were given to Soldiers to bring them in Prisoners , warranting them to kill them if they made resistance . And , pra● , whether had this more of the cruelty of Antichrist , or of the meekness of IESUS ? Or shall I next tell you of the bloody Tribunals were at S Andrews , and other pl●ces after Philips-haughs ? And of the c●uelty again●t those Pri●oners of War , who bore Arms at the King's command , and in defence of his authority ? What bloudy Stories could I here tell , if I had not a greater horror at the relating them , tha● many of these high Pretenders had at the a●ting of them ? And should I here recount the procedure of the Ki●k Iudicatories , against all who were thought disaffected , I would be look'd on as one telling Romances , they being b●yond credit . What Processes of Ministers are yet upon Record , which have no better foundation than their not preaching to the times : their speaking with , or praying before My Lord Montrose : their not railing at the Engagement , and the like ? And what cruelty was practised in the years 1649. and 1650 ? None of us are so young , but we may remember of it . A single death of one of the greatest of the Kingdom , could not satisfie the bloud●thirsty malice of that Party , unless made formidable and disgraceful , with all the shameful pageantry could be devised . Pray , do you think these th●ngs are forgotten ? Or shall I go about to narrate , and prove them more particularly ? I confess , it is a strange thing to see men who are so obnoxious , notwithstanding that so exalted in their own conceits : and withal remember that the things I have hinted at , were not the particular actings of single and private persons , but the publick and owned proceedings of the Courts and Jud●catories . These are the grounds which persuade me that with whatsoever fair colours som● m●y va●ni●h th●s● things , yet the ●pirit that then acted in that Party , was not the Spirit of GOD. Isot. Truly , you have given in a high charge against the proceedings of the late times , which as I ought not to believe upon your assertion , so I cannot well answer ; those being matters of fact , and done most of them before I was capable of observing things : And therefore when I see men of great experience , I shall ask after the truth of what you have told me . But whatever might be the design of some Politicians at that time , or to whatever bad sense some words of the League may be stretched , yet you cannot deny , but they are capable of a good sense , and in that I own them , and so cleave to that Oath of GOD , which was intended for a solemn Covenanting with GOD : and the people meant nothing else by it , but a giving themselves to Christ : to whose truths and Ordinances they resolved to adhere at all hazards , and against all opposition : and in particular to oppose every thing might bear down the power and progress of Religion , which was the constant effect of Prelacy : therefore we are all bound to oppose it upon all hazards . And indeed when I remember of the beauty of holiness was then every where , and consider the licencious profanity , and ●coffing at Religion , which now abounds : this is stronger with me than all arguments , to persuade me that these were the men of GOD , who had his Glory before their eyes in all they did , or designed : whereas now I see every one seeking their own things , and none the things of IESUS CHRIST . And all these plagues and evils which these Kingdoms do either groan under , or may apprehend , ought to be imputed to GODS avenging wrath for a broken Covenant , which though taken by all from the highest to the lowest , is now condemned , reviled , abjured , and shamefully broken . These things should afflict our souls , and set us to our mournings , if haply GOD may turn from the fierceness of his anger . Phil. As for these Articles that relate to the combination for engaging by arms in prejudice of the Kings Authority , or may seem to bind us to the reacting these Tragedies , they being founded on the lawfulness of Subjects resisting their Sovereigns , if the unlawfulness of that was already evinced , then any obligation can be in that compact for that effect , must be of it self null and void : and therefore , as from the beginning it was sinful to engage in these wars ; so it will be yet more unlawful , if after all the evils we have seen , and the judgments we have smarted under , any would lick up that vomit : or pretend to bind a tye on the Subjects Consciences to rise in arms against their Lawful Sovere●gn . And let me tell you freely , I cannot be so blind or stupid , as not to apprehend that GODS wrath hath appeared very visibly against us now , for a tract of thirty years and more ; nei●her doth his anger seem to be turned away , but his hand is stretched out still . But that which I look on as the greater matter of his controversie with us , is that the Rulers of our Church and State did engage the ignorant multitude , under the colors of Religion , to despise the LORDS anointed , and his Authority , and by Arms to shake off his yoak , and afterwards abandon his Person , disown his interest , refuse to engage for his rescue , and in the end look on tamely , and see him murdered . Do you think it a small crime that nothing could satisfie the Leaders in that time , without they got the poor people entangled into things which they knew the vulgar did not , and could not understand , or judge of , and must implicitly rely upon the Glosses of their Teachers ? For whatever the General Assembly declared , was a duty following upon the Covenant ( which was an easie thing for the leading men to carry as they pleased ) then all the Ministers must either have preached and published that to their people , with all their zeal , otherwise they were sure to be turned out . The people being thus provoked from the Pulpits , they were indeed to be pitied , who being engaged in an oath ( many of them , no doubt in singleness of heart , having the fear of an oath upon their consciences ) and not being able to examine th●ngs to the bottom , were entangled thus , and engaged which way the leading Church-men plea●ed , and the guilt of this , as it was great in those who without due consideration engaged in those oaths , so it was most fearful in them ; who against the clear convictions of conscience , were prevailed upon by the thunders of the Church , or the threats of the State , to swear what they judged sinful . I confess , their crime was of a high and crying nature , who did thus for the love of this present world , not only make shipwreck of a good conscience , but persisted long in a tract of dissembling with GOD , and juggling with men . But the wickedness of this comes mainly to their door , who tempted them to prevarication by their severities against all refused a concurrence in these courses . And the sin of all this was the greater , that it was carried on with such pretences , as if it had been the cause and work of GOD , with fasting , prayers , tears , and shews of devotion . For these things the Land mourns , and GOD continues his controversie against us . To which I must add the great impenitence of those who being once engaged in that course of Rebellion , have not yet repented of the works of their hands . For even such as own a conviction for it , do not express that horror and remorse at their by-past crimes which become penitents : But think if by rioting , drinking and swearing , they declare themselves now of another mind than formerly they were of , that they are washed free of that defilement . In a word , none seem deeply humbled in the presence of GOD , for the sinfulness of these practices , into which they entered themselves , and engaged others . And till I see an ingenuous spirit of confessing and repenting for these great evils , for all that rebellion , that bloud , oppreson , and vastation which these courses drew on , I shall never expect a National pardon , for that National guilt . For when on the one hand , many are still justifying these black Arts , and not humbled for them , nor owning their penitence as openly as they committed their sins : And on the other hand , these who confess the faultiness of their courses , do it in a spirit of traducing others , of railing , and reviling , perhaps not without Atheistical scoffings at true Religion ; but not in a spirit of ingenuous horror , and sorror for their own accession to these courses , it appears we are still hardened , either into a judicial blindness of the one hand , or of obduration of heart on the other . That profanity doth much abound , I must with sorrow confess it , in the presence of my GOD : And I know there are many who roll themselves in the dust daily before GOD , and mourn bitterly for it : But when I enter in a deeper inquiry what may be the true causes of it , those that occur to me are , first , a judicial stroke from GOD upon us , for our by-past abominations : and chiefly for our hypocritical mocking of GOD , fastning the designs or humors of a Party on him , as if they had been his Ordinances , interests , and truths . And therefore because we held the truth of GOD in unrighteousness , his wrath hath been revealed against us . Next , the frequent involving the Land in reiterated Oaths , subscriptions , and professions of repentance , under severe Censures , which prevailed with many to swallow them over implicitly , and made others yield to them against their Conscience , hath so debauched and prostituted the Souls of people , that it is no wonder , they be now , as seared with a hot Iron , and incapable of reproofs or convictions . Besides , is it any wonder that these whose hearts naturally led them to Atheism , when they see what juggling was used about some pretences of Religion , and how the whole Land was involved in so much bloud , about such trifling matters , come thereupon to have a jealousie of Preachers and preaching , as if all they said , was but to maintain and advance their own interests and greatness , and thereupon turn Scoffers at all Religion , because of the base and irreligious practices of some , who yet vouched GOD and CHRIST for all they did ? And on remark I shall offer on the way , that the sin of your Church was legible in your judgment : their sin was the animating the people to Rebellion , upon colors of Religion ; and their judgment was , not only to be subdued , and oppressed by another rebellious Army , who were not wanting to pretend highly to the cause of GOD in all their actings : but that they brake in pieces among themselves about a decision , who might be imployed to serve in the Army , which at first disjointed , and afterwards destroyed your Church : and the schism is still among us , which is like to eat up the power of Religion , is but the dreg and genuin effect of these courses , and so all the prejudice it produceth to Religion , and the true interests of Souls is to be charged upon that same score . Isot. Really , I am much scandalized with this Discourse , which if it were heard abroad , I know would much offend the hearts of the LORD's people . And indeed , I think it ought not to be answered , no more than Rabshaketh's railings were by Eliakim . I wish I could with good Hezekiah spread it out before the LORD , and mourn over it , and for you who do so blaspheme GOD , and his Cause . But whatever you may say in the point of Resistance , yet you cannot deny , but we are all from the highest to the lowest bound in our stations ( at least ) to withstand Prelacy , against which we did so formally swear in that Oath of GOD , which most of you are not only content to break , but must needs despise and mock at . Phil. GOD is my witness , how little pleasure I have in this severe Discourse , into which the petulancy of these Writers hath engaged me : but examine what I said from Religion and Reason , and you will perhaps change your verdict of it . For my part , I say none of these things in a corner , neither do I expect that they shall not fly abroad , and if they do , I will look for all the severities which the censures and malice of many can amount to . But I will chearfully bear that cross , and will be content to be yet more vile , for declaring freely what I judg to be GOD's Controversie with the Land I live in . If for this love to Souls , many be my Adversaries , I will betake my self to prayer : and shall only add this , that few who know me suspect my temper guilty either of flattery or bitterness . And the searcher of hearts knows , that I neither design by this freedom , to commend my self to any , nor to disgrace others , but meerly to propose things as they are . If this produce any good effect , I have my design ; if not , I have discharged my conscience , and leave the issue of it with GOD , who can out of the mouths of babes and sucklings , ordain strength and perfect praise . As for any obligation you may suppose the Covenant brings upon us to oppose Episcopacy , I shall discuss it with all the clearness I am master of . I shall not tell you , how much many who took that Covenant , and do still plead its obligation have said ( from the words of the second Article , and the explication given in it to Prelacy ) for reconciling as much of Episcopacy as is setled among us , to it , according to the declared meaning of its first imposers , when they took it , and authorized it . But leaving you and them to contend about this , upon the whole matter consider , that Episcopacy is either necessary , unlawful , or indifferent : if the first be true , then you will without much ado confess that no Oath in prejudice of a necessary duty , can bind any tie upon our conscience . If it be unlawful , I shall freely acknowledg that from the oaths of the Covenants , there is a supervenient tie lying on us for its extirpation . But if it be indifferent , then I say it was a very great sin for a Nation , so far to bind up their Christian liberty , as by Oath to determine themselves to that to which GOD had not obliged them : for the circumstances of things indifferent , may so far vary , that what is of it self indifferent , may by the change of these become necessary , or unlawful . Therefore , in these matters , it is a great invasion of our Christian liberty , to fetter consciences with Oaths . And though the Rulers and chief Magistrates of a Society , have either rashly or out of fear , or upon other unjustifiable accounts , sworn an Oath , about indifferent things , which afterwards becomes highly prejudicial to the Society , then they must consider that the Government of that State is put in their hands by GOD , to whom they must answer for their administration . Theeefore they stand bound by the Laws of Nature , of Religion , and of all Societies , to do every thing that may tend most for the good of the Society . And if a Case fall in where a thing tends much to the good and peace of a Land , but the Prince stands bound some way or other by Oath against it , he did indeed sin by so swearing ; but should sin much more , if by reason of that Oath he judged himself limited from doing what might prove for the good of the Society . Indeed when an Oath concerns only a man's private rights , it ties him to performance , tho to his hurt ; but the administration of Government is none of these rights a Magistrate may dispose of at pleasure ; For he must conduct himself so , as he shall be answerable to God , whose Vicegerent he is : and when these two Obligations interfere , the one of procuring the good of the Society , the other of adhering to an Oath , so that they stand in terms of direct opposition , then certainly the greater must swallow up the lesser . It is therefore to be under consideration , whether the Obligation of procuring the good of the Society , or that of the Magistrates Oath be the greater ? But this must be soon decided , if it be considered that the former is an Obligation lying on him by GOD , who for that end raised him up to his power , and is indeed the very end of Government : whereas the other is a voluntary engagement he hath taken on himself , and can never be equal to that which was antecedent to it , much less justle it out . But if it contradict the other , the Magistrate is indeed bound to repent for his rash swearing ; but cannot be imagined from that to be bound to go against the good of the Society , for the procuring whereof , he hath the Sword and power put in his hands by GOD. And so much of the tie can lie upon a Magistrate by his Oath about things indifferent , in ordering or governing the State that is subject to him : in which he must proceed as he shall answer to GOD in the great day of his accounts : and ought not to be censured or judged for what he doth by his Subjects . But he enacting Laws in matters indifferent , they become necessary Obligations on his Subjects , which no private oath of theirs can make void . Indeed the late Writer his arguing against this , is so subtil , that I cannot comprehend it so far as to find sense in it ; for he confesseth , Pag. 232. That the Magistrate is vested with a power proportional to the ends of Government , so that no Subject may decline his lawful commands , or bind himself by any such Oath , as may interfere with a supervenient rational command . All this is sound , and indeed all I pleaded ; only his explication of rational , I cannot allow of : For tho a Magistrate may proceed to unreasonable commands , yet I see no limits set to our obedience , but from the unlawfulness of them . But in the next page , he eats all this up by telling , That there are many things still left to our selves , and our own free disposal , wherein we may freely vow : and having vowed , must not break our word . And for instance , he adduceth a mans devoting the tenth of his substance to the Lord , from which no countermand of the Magistrates can excuse . But still he concludes , Page 334. That the Magistrates Power may make void such vows as are directly , or designedly made to frustrate its right or to suspend the execution of others , in so far as they do eventually cross its lawful exercise . This last yields to me all I pretend in this case : For the Covenant being made on purpose to exclude Episcopacy , though at that time setled by Law : if Episcopacy be not unlawful , but lawful , which I now suppose , then the King's authority enjoining it , and it being a great part likewise of the Government of the Subjects , it is to be submitted to , notwithstanding the Oath made against it . So that your Friend yields without consideration , that which he thinks he denies : and therefore the reasoning in the Dialogues holds good , that the Oath of a Subject in a matter indifferent , cannot free him from the obedience he owes the Laws . It is true , his private vows in matters of his own concern , are of another nature , and so not within the compass of this Debate , which is only about the obedience we owe the Laws , supposing their matter lawful , notwithstanding our Compacts made in opposition to them : and therefore I shall not discourse of them , but stick close to the purpose in hand . But my next undertaking must be to free Children from any tie may be imagined to lie on them from the Fathers Oath : which was a matter so clear to my thinking , that I wonder what can be said against it . Isot. Indeed here your Friend the Conformist bewrayed his ignorance notably , not considering the authority Parents have over their Children by divine command , which dies not with them ; their commands being obligatory even after their death : for God commends the Rechabites for obeying Ionadabs command some ages after his death : Therefore Parents adjuring Children they are obliged by it , as the people of Israel by Saul's adjuring them not to eat food till the evening , were obliged to obedience . And such adjurations may not only bind the Children adjured , but all their posterity after them : as did the Oath for carrying Ioseph's bones out of Egypt . And further , a Society continuing still under the same notion , is bound through all ages to make good the compacts of their Progenitors , they continuing to be the same Society . And this is not only the ground on which the obligation of all alliances among Kingdoms is founded ; but is also the basis on which our tie to the Allegiance due to our Sovereign is grounded . Therefore as we find GOD in Scripture covenanting with Men , and their posterity , as in Abraham's case , and Fathers likewise engaging to GOD for themselves and their Children , as did Ioshua for himself and his House ; so our Covenants being unanimously sworn by almost the whole Nation , and confirmed by all the authority in it , must have a perpetual obligation on all the subsequent Generations . See from pag. 205. to pag. 219. Phil. I suppose , if it hold good that the Covenant binds not these who took it , to oppose or extirpate Episcopacy when setled by Law , all this reasoning will of it self evanish in smoak : But to give your Discourse all advantage , and to yield its obligation on these who took it , what you infer will never be made out ; since it is foun●ed on the supposition of a Parents authority to adjure his Child , that ties him after his Fathers death , which you apply to the Covenant . But in this there is a triple error committed by you : one of fact , and two of right . That of fact , is , that you suppose that in the Covenant the subsequent generations are adjured to its observance : whereas not a word of this is in the Covenant . On the contrary , in the end of the Preface to the League , it is said , that every one for himself doth swear : Neither is there a word in it all that imports an adjuration on posterity . It is true , in the 5. Article , every one is bound according to their place and interest , to endeavour that the Kingdoms may remain conjoined in a firm peace and union to all posterity . But he th●t will draw an adjuration on posterity from this , must have a new Art of Logick , not yet known . And in the National Covenant , as it was taken by King Iames , there is not a word that imports an adjuration on ●osterity . It is true , in the addition was made to it , Ann. 1●38 . it is declared , That they are convinced in their minds , and confess with their mouths , that the present and subsequent generations in this Land , were bound to keep that National Oath and subscription inviolable . But this was only their opinion who signed it : Yet for all that , there is no adjuration on posterity for observing it , no not in that Addition then sworn to . The next error of your Hypothesis , is , that the Parents commands can bind the Childrens confidence , in prejudice of the Magistrates authority : for you must either suppose this , otherwise your arguing is to no purpose , since the King's authority is in this case interposed , and therefore all our Fathers commands must yield to it : which because none deny , I shall not stand to evince . For if my Father be bound to obey the King , as well as I am ; both he sins , if he enjoin me disobedience , and I am likewise guilty , if upon that I disobey . For he that hath no warrant for his own disobedience , can be imagined to have none for securing me in mine . And in end , you suppose a Parents command or authority can bind the Conscience after his death : which is manifestly absurd ; for certainly his authority must die with himself . It is true , a piety and reverence is due to the memory of our Parents : and so much reverence should be payed to their ashes , that without a very good reason , the things they enjoyned should be religiously observed : but this is not a necessary Obligation : for circumstances may so vary things , that we may be assured , that as our Parents enjoyned such a thing , so had they seen the inconveniencies of it , they had not done it . Now while a Father lives , a Child hath this liberty to argue with him : where it is not to be doubted , but the affection of a Parent , together with the reasons adduced would make him change his Commands : but indeed did their Commands tie us after their death , we should be more in subjection to our Parents , when dead , than we were when they lived : which goeth against the sense of all mankind . And what equality is there in such mens reasons , who will deny absolute obedience to Magistrates , tho we be allowed to petition , and represent the grievances their Laws bring upon us , and yet will assert an absolute and blind obedience due to the commands of our Parents , tho dead ? Your instance of the Rechabites makes against you , for their Progenitors had appointed them to dwell in Tents , yet the fear of Nebuchadnezzar had driven them to Ierusalem : and consider if the incurring our lawful Sovereigns displeasure , together with the hazard such obedience may draw after it , be not a juster ground of excusing our selves from obedience to any such Command , suppose it were real . The Rechabites did indeed abstain from Wine , upon Ionadab's command , for which they are commended , and blessed ; and so I acknowledg it a piece of piety to obey the commands even of a dead Father ; yet in that place , it is not asserted , that that Command tied their Conscience ; but on the contrary , the blessing passed upon their obedience , seems rather to imply that it was voluntary , though generous and dutiful . The same Answer is to be made to Ioseph's adjuring the Children of Israel to carry up his bones ; which ought to have obliged even the Children of these that were so adjured , out of the gratitude due to the memory of so great a Man , especially nothing intervening that rendered obedience to it , either unexpedient or unlawful . But in general , consider that when a contract is made , either of an Association under a form and line of Magistracy , or of alliance betwixt two States , and confirmed by Oath ; there is an obligation of Justice that ariseth from the Compact , whereby such rights were translated unto the person compacted with : and thereby he and his posterity according to the Compact , are to enjoy these Rights , because translated unto his person by the Compact : but being once legally his , with a provision that they shall descend to his Heirs , then his Heirs have a right to them formally in their persons after his death , to which they have a title in justice , and not by the fidelity to which the posterity of the first compacters are bound by their Fathers deed , but because the right is now theirs : so that though the first Compacters were bound by promise and Oath , their Successors are only bound by the rules of justice , of giving to every man that which is his right : therefore whatever our Ancestors may be supposed to have compacted with the King's Progenitors , or whatever by Treaty one State yields over to another , that Promise , Donation and Oath is indeed the ground on which the Kings right may be supposed to have been first founded . But now his Title to our Obedience proceeds upon the rules of Justice , ( of giving him what is his , by an immemorial Possession , passed all prescription , so many ages ago , that the first vestiges of it cannot be traced from Records , or certain Histories ) and not of fidelity of observing the promises of our Ancestors to him , though I do not deny a pious Veneration to be due to the Promises and Oaths of Parents , when they contain in them adjurations on their Childern . And thus the Gibeonites having a right to their lives , confirmed to them by the Compact of the Princes of Israel : they and their Posterity had a good title in Justice to their lives , which was basely invaded by Saul , and had this aggravation , that the compact made with them was confirmed by oath , for which their posterity should have had a just veneration : But though that Oath did at first found their title to their Lives , and their Exemption from the forfeiture all the Amorites lay under ; yet afterwards their title was preserved upon the rules of Iustice , and the Laws of Nature , which forbid the invading the lives of our Neighbors , when by no Injury they forfeit them . Thus your confounding the titles of Inheritance and presc●iption , with the grounds upon which they first accresced , hath engaged you into all this mistaking . But from all this , you see how ill founded that reasoning of the Answerer of the Dialogues is , for proving the posterity of these who took the Covenant , tied by their fathers oath , which yet at first view , promised as fair colors of reason , as any part of his Book , had he not intermixed it with shameful insultings and railings at the Conformist : which I suppose do now appear as ill grounded , as they are cruel and base . But I am not so much in love with that stile , as to recriminate : nor shall I tell you of his errors that way of which I am in good earnest ashamed upon his account : For it is a strange thing , if a man cannot answer a discourse without he fall a fleering and railing . To conclude this whole purpose , I am mistaken , if much doubting will remain with an ingenuous and unprejudged Reader , if either we or our posterity lye under any obligation from the Covenants , to contradict or counteract the Laws of the Land , supposing the matter of them lawful : which being a large Subject , will require a discourse apart . But I will next examine some practices among us , and chiefly that of Schism and separation from the publick worship of GOD ; to which both the unity of the Spirit , which we ought to preserve in the bond of peace , and the lawful commands of these in authority , do so bind us , that I will be glad to hear what can be alledged for it . Isot. A great difference is to be made betwixt separation and non-compliance : the one is a withdrawing from what was once owned to be the Church : the other is a with-holding our concurrence from what we judg brought in upon the Church , against both Reason and Religion : and any thing you can draw from CHRIST's practice or precept , in acknowledging the High Priests , or commanding the people to observe what the Pharisees taught them , is not applicable to this purpose : For first , these were Civil Magistrates , as well as Ecclesiasticks , and Doctors of the Civil and Judicial Law , which is different from the Case of Churchmen with us . Further ; the Iewish Church was still in possession of the privileges given them from GOD , and so till CHRIST erected his Church , they were the Church of GOD : and therefore to be acknowledged , and joined with in Worship . But how vastly differs our Case from this ? See from p. 189. to p. 204. Phil. You have given a short account of the large reasonings of the late Book on this head , only he is so browilled in it , that there are whole pages in his Discourse , which I confess my weakness cannot reach . But to clear the way for your satisfaction in this matter , which I look upon as that of greatest concernment , next to the Doctrine of Non-resistance , of any thing is debated among us ; since it dissolves the unity of the Church ; and opens a patent door to all disorder , Ignorance and Profanity . I shall consider what the unity of the Church is , and in what manner we are bound to maintain and preserve it . All Christians are commanded to love one another , and to live in peace together : and in order to this , they must also unite , and concur in joint Prayers , Adorations , and other acts of Worship , to express the harmony of their love in Divine matters : Sacraments were also instituted for uniting the body together ; being solemn and federal stipulations , made with God , in the hands of some who are his Ambassadors and Representatives upon Earth : by whose mouths the Worship is chiefly offered up to God , and who must be solemnly called and separated for their Imployment . Now these Assemblings of the Saints are not to be forsaken , till there be such a Corruption in the Constitution of them , or in some part of the Worship , that we cannot escape the guilt of that , without we sepa●ate our selves from these unclean things . Wherefore the warning is given , Come out of Babylon , that we be not partakers of her sins , and so receive not of her plagues . But though there be very great and visible corruptions in a Church ; yet as long as our joining in Worship in the solemn Assemblies , doth not necessarily involve us into a Consent or Concurrence with these ; we ought never to withdraw , nor rent the unity of the body , whereof CHRIST is the head . Consider , how pleasant it is for brethren to dwell together in unity . And our Saviour sheweth of what importance he judged it to his Church , since so great a part of his last and most ravishing Prayer , is , That they might be one : And this he five times repeats , comparing the unity he prayed for , to the undivided Unity was betwixt him and his Father . How shall these words rise up in Judgment , against those who have broken these bonds of perfection upon slight grounds ! With the same earnestness do we find the Apostles pressing the Unity of the Body , and Charity among all the members of it : which is no where more amply done than in the Epistles to the Corinthians , whom the Apostle calls , the Churches of GOD ; and yet there were among them false Teachers , who studied to prey upon them , and to strike out the Apostles authority : Some among them denied the resurrection , there were Contentions and Disorders among them in their meetings : such confusions were from the strange Tongues some spake , that had one unacquainted with them , come in upon them , he had judged them mad : some were drunk when they did receive the LORD's Supper : they had an incestuous Person in their Society ; and it seems he was of quality , and much accounted of , since they were puffed up with him : they were also a scandal to the Gospel with their litigious Law sutes . These were great evils , and I hope beyond what you can charge on us : and yet though the Apostle commands them to be redressed , and rectified , doth he ever allow of these in Corinth , who were pure and holy , to forsake the solemn Assemblies , till these things were amended ? Or doth he not highly commend Charity and Unity to them ? Next , consider what Teachers these were who preached CHRIST of envy and strife , out of contention , and not sincerely , that they might add affliction to the Apostles bonds : And yet of these S. Paul's verdict is , What then ? notwithstanding every way , whether in pretence , or in truth , CHRIST is preached , and I therein do rejoice , yea , and will rejoice . Now if he rejoiced that Christ was preached at any rate , what Spirit have they , who because they suppose some preach out of Envy , or design to add to their affliction , do thereupon study to blast their reputation , and to withdraw first the Hearts , and then the Ears of all from them ? Certainly , this is not the Spirit of CHRIST , or of his Apostles . And though we see what corruptions had crept into the Churches of Asia , yet in the Epistles to them in the Revelation , they are still call'd the Churches of GOD , in the midst of whom the Son of GOD walked . They are indeed commanded to reform any corruptions were among them ; but such as had not that doctrine , and knew not the depths of Satan , but had kept their garments clean , are not commanded to separate from the rest ; on the contrary , no other burden is laid upon them ; nor are they charged for not separating from the rest . From which premises I may infer , that as long as the Communion of Saints may be kept in , without our being polluted in some piece of sinful concurrence , all are bound to it , under the hazard of tearing Christ's Body to pieces . And this stands also with the closest Reason ; for since Unity is that which holds all the body firm , whereas division dislocates and weakens it ; nothing doth more defeat the ends of Religion , and overturn the power of Godliness , than Scisms and Contentions ; which give the greatest offence to the little ones , and the fullest advantages to the common enemy imaginable . If therefore the Worship of GOD among us continue undefiled , even in the confession of all ; if the Sacraments be administred as before ; if the Persons that officiate be Ministers of the Gospel , then certainly such as separate from our publick Meetings , do forsake the Assemblies of the Saints , and so break the unity of the Spirit , and the bond of Peace . And what you said of a non-compliance as distinct from separation , hath no relation to this purpose , where nothing of a compliance is in the case , but only a joining with the Saints in solemn Worship . And doth the change of the Government of the Church , in so small a matter as the fixing a constant President , with some additions of power over your Synods , in stead of your ambulatory Moderators , derive a Contagion into our Worship , so that without a Sin it cannot be joined in ? Indeed if a Concurrence of Worship required an owning of every particular in the Constitution of the Church , a man must go to the New Atlantis to seek a Society he shall join with , since few of clear unprepossessed minds will find such Societies in the known Regions of the World , against all whose Constitutions they have not some just exceptions : and the World shall have as many parties as persons , if this be not fixed as the rule of Unity , that we cleave to it , ever till we be driven to do somewhat which with a good Conscience we cannot yield to . And even in that case , except the corruption be great and deep , a bare withdrawing , without a direct opposition , is all we are bound to . You are therefore guilty of a direct separation who forsake the Assemblies of the Saints , they continuing in their former purity , unchanged and unmixed , even in your own Principles . Isot. But one thing is not considered by you , which is a main point , that we had our Church setled , according to CHRIST'S appointment , and ratified by Law. And a change of that being made , all our faithful Ministers were turned out by the tyranny of the present Powers ; who in stead thereof , have set up a new form of Government , of none of CHRIST'S appointment : and to maintain it , have thrust in upon the LORD's People , a company of weak , ignorant , scandalous and godless Men , called Curates ; who instead of edifying , study to destroy the flock : of whom I could say much , had I a little of your virulent temper : But their own actions have so painted them out to the world , that I may well spare my labor of making them better known , it being as unnecessary as it is unpleasant . Now if the true seekers of GOD do still stick to their old Teachers , and seek wholsome food from them in corners , and are afraid of your false Teachers , according to CHRIST's command , of being aware of such men ; call you this a separation ? which is rather an adherence to the true Church , and the keeping of our Garments clean from the contagion of these men . And indeed these who do join with your Curates , do profit so little by their Ministry , that no wonder others have no heart to it . And I have known some whose consciences are so tender in this matter , that their having at sometimes joined with these Curates in Worship , hath been matter of mourning to them , even to their graves . And this may serve to clear us of the guilt of Schism in this matter , when our withdrawing is only a non-compliance with your corruption . Phil. All this saith nothing for justifying your separation . As for the turning out of your Ministers , if the Laws to which their obedience was required were just ( which shall be next considered ) then their prejudices , misinformed consciences , or peevis●mess , and not the tyranny of the Rulers , must bear the blame of it . And for these set in their places , if upon so great a desertion of the Church by so many Church-men , all their charges could not be of a sudden supplied with men so well qualified , or of such gifts and worth as was to be desired ; it is nothing but what might have been expected upon such an occasion . And for your revilings , they well become the spirit which appears too visibly in the rest of your actings ; but we still study to bear these base and cruel reflections , with the patience becoming the Ministers of the Gospel , and of these who study to learn of him , who when he was reviled , reviled not again ; but stood silent at those unjust Tribunals , when he was falsly and blasphemously reproached by his enemies ; and therefore I shall leave answering of these fearful imputations you charge on our Clergy , to the great day of reckoning , wherein judgment shall return to the righteous , and all the upright in heart shall follow it . And in the mean while shall study to bless when you curse , and pray for you who do thus despitefully use us . We trust our witness is on high , that whatever defects cleave to us , and though , may be , we have not wanted a corrupt mixture ( as you know among whom there was a son of Perdition ) yet we are free of these things you charge on us promiscuously , and that these imputations you charge us with , are as false as they are base . But all this will not serve the turn of many of your dividers , whose Ministers continue with them as formerly , and meerly because they hold themselves bound in Conscience to obey the Laws they are separated from . Truly if you can clear this of separation , you are a Master at subtil reasoning . For you know it is not the third part of this Church which was abandoned by the former Ministers upon the late change , and yet the humor of separating is universal . And though some few of your own Ministers have had the honest zeal to witness against this separation , yet how have they being pelted for it by the censures and writings of other Schismaticks ? which have prevailed so much upon the fear or prudence of others , that whatever mislike they had of these separating practices , yet they were willing either to comply in practice , or to be silent spectators of so great an evil . But if separation be a Sin , it must have a guilt of a high nature , and such as all who would be thought zealous watch-men , ought to warn their people of . And what shall be said of these ( even Church-men ) who at a time when the Laws are sharply looked to , do join in our Worship ; but if there be an unbending in these , they not only withdraw , and become thereby a scandal to others , but draw about them divided Meetings ; are not these time-servers ? For if concurrence in our Worship be lawful , and to be done at any time , it must be a duty which should be done at all times : and therefore such Masters of Conscience ought to express an equality in their ways , and that they make the rules of their concurrence in worship , to be the Laws of GOD , and not the fear of civil punishments . Finally , such as think it lawful to join in our Worship , and yet that they may not displease the people , do withdraw , shew they prefer the pleasing of men to the pleasing of GOD : and that they make more account of the one than of the other . For if it be lawful to concur in our worship , what was formerly said , proves it a duty : Are not these then the servants of men , who to please them , dispense with what by their own concession must be a duty ? Besides , such persons withdrawing , gives a great and real scandal to the vulgar , who are led by their Example , and so a humor of separating comes to be derived into all : whereby every one thinks it a piece of Religion , and that which will be sure to make him considerable , and bring customers to him , if he be a Merchant or Trades-man , that he despise the solemn Worship , and rail at his Minister : and if he but go to Conventicles , and be concern'd in all the humors of the Party , he is sure of a good name , be he as to other things what he will. Eud. Much of this we know to be too true : and certainly , nothing deserves more blame for all the disorders are among us than this separation . Discipline goes down , Catechising is despised , the Sacraments are loathed , the solemn Worship deserted . I know the poor Curates bear the blame of all , and all of them must be equally condemned , if a few of them have miscarried ; for which when ever it was proved , they were censured condignly : In end , you charge their gifts , and that their People are not edified by them : But I pray you , see whether the prejudices you make them drink in against them , occasion not that . For it is a more than humane work , to overcome prejudices . Read but the complaints of the Prophets , and you will confess a Churchmans not being profitable to his People , will be no good argument to prove him not sent of GOD , And when I consider , that even the Apostles call for the help of the Churches Prayers , that utterance might be given to them , yea and desire them to strive together in their Prayers for them ; I must crave leave to tell you , that the defect of that utterance , and power in preaching you charge on the present Preachers , may be well imputed to the want of the concurrence of the Peoples Prayers , whom prepossessions have kept from striving together with them in Prayer , that they might come among them with the fulness of the blessing of the Gospel . And if there be any of such tender and mi●led Consciences , who have been smitten with remorse for such concurrence in Worship , as their tenderness is to be valued , so their ignorance is to be pitied : and they who thus misled them , deserve the heavier censure , since they have involved simple and weak Consciences with their pedling Sophistry into such straits and doubts . In fine , you cannot say , that a Minister is by a Divine right placed over any particular flock . If then it be humane , it with all other things of that nature , is within the Magistrates cognizance ; so that when he removes one , and leaves a legal way patent for bringing in another , upon which there comes one to be placed over that flock , what injustice soever you can fancy in such dealing , yet certainly , it will never free that Parish from the tie of associating in the publick Worship , or receiving the Sacraments from the hands of that Minister , whom they cannot deny to be a Minister of the Gospel : and therefore no irregularity in the way of his entry , though as great as can be imagined , will warrant the peoples separating from him . Neither can they pretend that the first Incumbent is still their Minister , for his relation to them being founded meerly on the Laws of the Church , it is ( as was proved in the Second Conference ) subject to the Magistrates authority , and so lasts no longer than he shall dissolve it by his commands : unless it appear , that he designs the overthrow of true Religion ; in which case , I confess Pastors are , according to the practice of the first Ages of the Church , to continue at the hazard of all persecutions , and feed their flocks . But this is not applicable to our Case , where all that concerns Religion continues as formerly : only some combinations made in prejudice of the Supreme Authority are broken : and order is restored to the Church , instead of the confusions and divisions were formerly in it . And if this change have occasioned greater disorders , wherever the defect of Policy or Prudence may be charged , yet certainly , if the change that is made , be found of its own nature both lawful and good , the confusions have followed upon it , are their guilt , who with so little reason , and so much eagerness , have not only refused obedience themselves , but hindered such as were willing to have yielded it . Crit. Indeed this point of withdrawing from the publick worship , for their faul●iness who officiate , or for the errors are supposed to be in the way of their entry , doth so contradict the whole series of the Sacred Rule , that nothing can be more expresly condemned in it . The Sons of Eli made the People abhor the offering , and they defiled the Tabernacle of GOD ; yet for all that , the people continued to come and offer their Sacrifices . The Prophets do also tell us what kind of People the Priests in their times were , and yet never a word of the peoples withdrawing from the Worship . Now this must by the parity of reason , hold good under the New Dispensation ; except you say , we are not so much obliged to worship GOD in the unity of the Spirit , as they were ; the contrary whereof will be found true . Next , the High Priesthood being entailed on the line of Aaron , was certainly to descend ( as all other rights did among the Iews ) by the right of representation and primogeniture ; and so did Eleazer and Phinebas follow in a line from Aaron . It is true , the High Priesthood was afterwards in Ithamar's line , but it doth not appear by what conveyance it went to them , which certainly must have been Divine , if lawful : And none can limit GOD from dispensing with his own positive Laws . But the High Priesthood was again set in its own channel by David , and so continued downward , till after the second Temple , it becoming the chief Secular Power , was exposed to sale : and this appears from a passage cited by Doctor Lightfoot out of the Talmud of Ierusalem , in the first Temple the High Priests still served , the Son succeeding the Father , and they were 18 in number : but in the second Temple they got the High Priesthood by money . And some say , they destroyed one another by witchcraft : so that some say , there were 80 Priests in that space ; some 81 , some 82 , some 83 , some 84 , and some 85. And that Learned Doctor reckons 53 in order , till he brings the Succession down to the time of the Wars , after which it was so confused , that he pursues it no further . And in the beginning of the 3 chap. of his Temple-service , he proves the High Priesthood to have descended to the first-born , as the Priesthood , before the Law , belonged to the first-born of every Family . And therefore it was that when Simeon the Iust would have put Onias his second Son in the Priesthood , he could not do it . But Simeon the eldest Brother obtained his right , and Onias was put to fly to Egypt , where he built a famous Temple . This will prove that the High Priests in our Saviour's time had no just title to their office ; and yet our Saviour , being by his humiliation in the character of a private Person , never questioned it , no not when he was upbraided , as if he had answered GOD's High Priest irreverently , which looks like a case of Confession . And S. Paul did the same . Now as to what is said of the High Priests being a Civil Magistrate , it will not serve to deliver you ; for his title to the Civil Power flowed from his office : therefore the owning him in that , did also acknowledge his office , since he had no other right to the Civil Power , but because he was High Priest , and yet subjection was given him by our LORD , who acknowledged the High Priest. Did he not also continue in the Temple Worship , and go thither on their festivities ? where you know he must have offered Sacrifices by the hands of these Priests : and yet we know well enough what a sort of People they were . If then we are no less bound under the Gospel to the rules of Order and Unity , than they were under the Law , it will follow that no personal corruption of Church-men , can warrant a separation from Worship , even though their Opinions were erroneous , and their practices naughty : for the impertinency of the distinction of Non-compliance and separation was already proved . But next to the Temple-worship , was the service of the Synagogue , which was for the most part in the hands of the Scribes and Pharisees , who expounded the Law to the people : And Christ's commanding the people to observe what they taught , shews clearly his pleasure was , that they should not forsake the Synagogues where they taught : And his own going to the Synagogues , in which it is not to be doubted but he concurred in the Prayers and Hymns , proves abundantly that their Worship was not to be separated from . As for your Friends involved discourse , about the declining of Churches , Pag. 193. I must let it alone , till I can make sense of it : For if he intend to compare our Lord and his Apostles , their joining in the Iewish Worship , with the misguided , though sincere devotion , of some holy Souls who worshipped God with all the corrup●ions of the Roman Church , I hope he will repent the blasphemy of such a mistake . And as for what is alledged , Pag. 198. that the Iewish Dispensation being mixed , and their Law made up of matters Political , as well as Spiritual , therefore these Scribes were the Oracles of the Civil Law , and so to be gone to , it is as weak as the rest : For the Law being to be sought from the Priests lips , as to all the parts of it , any power the Priests had of pronouncing about the questions of the Law , was because they were Priests , or as they were men separated for officiating in the Synagogues : so the receiving their decisions in matters judicial , did acknowledg their Office , which was purely Ecclesiastical and sacred . From all this I may infer , that as long as any Society continues to be the Church and people of GOD , and hath the service and worship of GOD performed in it by men solemnly separated , according to GOD's appointment , whatever irregularities be either in their entry to such charges , or of their opinions or practices , these should indeed be cognosced upon , and censured by the Supreme Powers in the Society ; but will never warrant private persons to separate from the Worship , unless it be so vitiated in any part of it , that without sin they cannot concur in it : in which case , they are indeed to keep themselves clean , and to withdraw , but not to divide until the Worship be so corrupted , that the ends of publick Worship can no more be answered by such Assemblies . Poly. I know it is thought a piece of noble gallantry among our new modelled people , to despise the sentiments of the Ancient Church ; and therefore whatever I could adduce from them , would prevail little for their conviction : otherwise many things could be brought to this purpose from these two great Assertors of the Unity of the Church against Schisms and Divisions , S. Cyprian , and S. Augustin : the latter especially , who by many large Treatises studied the conviction of the Donatists , who maintained their separation from the Church , much upon the same grounds which are by your Friends asserted . But I shall dismiss this point with one Sentence of S. Augustin , lib. 2. contra Parmen . Quisquis ergo vel quod potest arguendo corrigit ; vel quod corrigere non potest , salvo pacis vinculo excludit , vel quod salvo pacis vinculo excludere non potest , aequitate improbat , firmitate supportat , hic est pacificus . And let me freely tell you , that when I consider the temper , the untractableness , the peevish complainings , the railings , the high cantings of the Donatists , which are set down by him , and others , I am sometimes made to think I am reading things that are now among our selves , and not what passed twelve Ages ago . And indeed some late practices make the parallel run more exactly betwixt our modern Zealots and the Circumcellions , who were a Sect of the Donatists , that was acted by a black and a most desperate spirit . For St. Augustin tells us , how they fell on these who adhered to the Unity of the Church , beating some with Cudgels , putting out the Eyes of others , and invading the lives of some , particularly of Maximinus Bishop of Hagaia , whom they left several times for dead . And what instances of this nature these few years have produced , all the Nation knows . How many of the Ministers have been invaded in their Houses , their Houses rifled , their goods carried away , themselves cruelly beaten and wounded , and often made to swear to abandon their Churches , and that they should not so much as complain of such bad usage to these in Authority : their Wives also scaped not the fury of these accursed Zealots , but were beaten and wounded , some of them being scarce recovered out of their labor in Child-birth . Believe me , these barbarous outrages have been such , that worse could not have been apprehended from Heathens . And if after these , I should recount the Railings , Scoffings and floutings which the Conformable Ministers meet with to their Faces , even on streets , and publick High-ways , not to mention the contempt is poured on them more privately , I would be looked on as a forger of extravagant Stories . But it is well I am talking to men who know them as well as my self . From these things I may well assume that the persecution lies mainly on the Conformists side , who for their Obedience to the Laws , lie thus open to the fury of their Enemies . Isot. Now , I dare say , you speak against your conscience : For do you think any of the LORD's people have accession to so much wickedness , which is abhorred by them all : and this is well enough known to you , though you seem to disguise it . For you have often heard our honest Ministers express their horror at such practices ; do not therefore sin against the generation of the Lord's Children so far , as to charge the guilt of some murdering Rogues , upon these who would be very glad to see Justice done upon such Villains . Phil. You say very fair , and I am glad to hear you condemning these Crimes so directly : and I am as desirous as any living can be , to be furnished with clear evidences of believing as much good as is possible of all mankind . But let me tell you plainly , that the constant concealing of these murderers , whom no search which those in Authority have caused to make , could discover , tho the Robbers carried with them often a great deal of furniture , and other goods , which must have been conveyed to some adjacent Houses , but could never be found out , after so many repeated facts of that nature , forceth upon the most charitable , a suspicion which I love not to name . Next , let me tell you that these things are very justifiable from the principles your Friends go upon : for if we be by Oath bound to discover all Malignants or evil instruments , that they may be brought to condign punishment ; and if our Conformity be so notorious a wickedness , and such a plain breach of Covenant , in the punishment whereof the Magistrate is supine and backward , then let every one compare the doctrine of the late Pamphlets , from p. 282. to p. 408. chiefly 404. and 405. and declare whether by the Rules laid down in them , any private persons upon heroical excitations may not execute vengeance on these who are so guilty of gross and notorious backsliding and defection : and what may not be expected of this nature from him who hesitates to call the invading of the Bishop with a Pistol , an accursed act ; and will only condemn it , as rash , precipitant ; and of evil example : and that not simply neither , but all circumstances being considered , and their exigences duly ballanced ? Which makes me apprehend his greatest quarrel with that deed was ; that it misled the designed effect , and so was done inadvertently , or too publickly , or upon some such particular ground , which may have occasioned its miscarriage . But to deal roundly with you , I shall freely acknowledg , if the Doctrine of Resistance by private Subjects against these in Authority be lawful , I see no ground to condemn such practices : For if we may rise in Arms against those in Authority over us , and coerce and punish them ; why not much rather against our fellow Subjects , and those to whom we owe no obedience , especially when we judg them to have transgressed so signally , and to have injured us to a high degree ? which is the case , as most of you state it , with the Ministers that are conformable . And from this , let me take the freedom to tell you , that the whole Mystery of Iesuitism doth not discover a principle more destructive of the peace and order of mankind , than this doctrine of the lawfulness of private persons executing vengeance on gross offenders , where the transgression is judged signal , the Magistrate is judged remiss , and the actors pretend an heroick excitation . This puts a Sword in a mad mans hands , and arms the whole multitude , and is worse than theirs , who will have such deeds warranted by some supreme Eccl●●●astical Power , or at least by a Confessarius and Director of the Conscience . Indeed this may justly possess the minds of all that hear it with horror , it being a direct contradiction of the Moral Law , and an overturning of all the Societies of Mankind , and Laws of Nature . Eud. I am more charitable than you are : for though I must acknowledg what you have alledged to be the native consequence of what is asserted in that Book , yet I am inclined to believe he intended not these things should be drawn from it , since he in plain terms , pag. 402. condemns these outrages . I confess , his zeal to defend all Naphthali said , and to refute every thing the Conformist alledged , hath engaged him further than himself could upon second thoughts allow of . And as for the instances of Phine●as , Elijah , or other Prophets , the argument from them was so fully obviated in our First Conference , that I am confident little weight will be laid upon it . But now , methinks , it is more than time we considered the importance of that difference about which all this ado is made : for one would expect it must be a very concerning matter , which hath occasioned so much bloud and confusion , and continues still to divide us asunder , with so much heat and bitterness . I confess , my discerning is weak , which keeps me from apprehending what importance can be in it to exact so much zeal for it , that it should be called the Kingdom of CHRIST ●●●n Earth , his Interest , Cau●e , and Work , which therefore should be ●a●nestly conten●ed for . I●ot . The natural man receiveth not the things of GOD , and the● are 〈◊〉 , to him : but Wisdom 〈◊〉 of 〈◊〉 ●●●●dren . That we plead for , is CHRIST's Kingdom , which is in opposition both to the proud aspirings of the Prelates , and to the violent invasions of the Civil Powers : We are therefore on CHRIST's side , asserting that none in earth can institute new Officers in his House , but those he hath appointed : and that he hath appointed none higher than ordinary preaching Presbyters , among whom he will have an equality observed : which whosoever contradict , with Diotrephes , they l●ve the preeminence , and Lord it over GOD's inheritance . Phil. Though I will not fly so high with my pretensions in big words , yet the issue of our Discourse will declare if I have not better grounds to assert Episcopacy to have descended from the Apostles , and Apostolical time● , into all the Ages and corners of the Church who received it : and that there is nothing in Scripture that contradicts ●uch an Institution . But I shall ●efer the deci●ion of thi● to all impartial minds . Basil. Truly , when without a particular Examen , I consider the whole matter in general , I can see little to except against Episcopal Government , that I cannot avoid the severe thoughts of suspecting the great ave●sion many have at it , to be occasioned from the ●●●rit of contradiction is in many which lus●●th to 〈◊〉 , or from their opposition to these in A●thority : ●or I doubt not but if Presbytery had the same countenance from the Laws , it should meet with the same contradiction from these who seem to adhere to no principle so firmly , as to their resisting the Powers that are ordained of GOD. But the handling of this , with that fulness and clearness which the noise made about it requires , will take up more of our time than we can be now Masters of , and may well claim a new Conference : Therefore we shall remit any further discourse about it to our next meeting . Isot. It is agreed to : and I shall let you see , that for all the Railings of these days Discourse , my patience is yet strong enough to allow of another enterview , though I confess my self weary of so much bad Company , whose evil Communications are designed to corrupt my good Principles . Phil. I confess , my weariness is as great as yours , though upon a very different account : For I am ●urfeited of the Contention and heat hath been among us , and long for an end of our Conferences upon these Heads , which I shall now go through once for all , being encouraged to meet with you again , because this penance is near an end : out of which if I were once extricated , I am resolved to meddle in such contentious Themes no more . Eud. Having swallowed the Ox , we must not stick on the Rump . It is true , your Converse is extreamly agreeable , yet my stomach begins to turn at so much disputing : But , I hope , to morrow shall put an end to it : And therefore I doubt not of your return , to finish what you hitherto carried on . And so a good night to you . THE FOURTH CONFERENCE . Isotimus . I COME now upon our last Nights appointment , to pursue this Conference to its end , and to examine what these grounds are which endear Episcopacy to you so much , especially considering the great disorders and con●usions its re-establishment among us hath occasioned . For my part , I cannot see what can reconcile the World to it , much less what should enamour you so of it , as to make you adhere to it , notwithstanding all the evils spring from it , and all these black Characters of GOD's displeasure are upon it : which really appear so signally to me , that it seems a fighting against GOD , to adhere longer to it . Phil. Truly , you and I enter on this S●bject with an equal surprize , though upon very different accounts : For I must tell you freely , that after I have with all the application of mind , and freedom of thoughts imaginable , considered what could engage so many in this Island , into so much zeal and rage against the Order , I am not able to satisfie my self about it . That venerable Order having such a native tendency for advancing of true Religion , Peace , Order , and every thing that is excellent : that the aversion and prejudices so many have drunk in against it , seem as unjust , as unconquerable , and look like a part of GOD's controversie with us ; whereby we are blindly carried into so much unjustifiable zeal against that , which if well managed , might prove an excellent mean for reviving the power of Religion , that hath suffered so great decays . I shall not deny , but on our part there have been great failings , for which GOD's anger hangs over our heads : and that he permits all this opposition we meet with for punishing us for our sins , which have justly provoked GOD to make us base and contemptible in the sight of the people . And this I hope shall be an effectual mean of humbling us , and of purging us from our dross : whereby this holy Order being again managed with the ancient Spirit , may appear into the World in its P●imitive lustre ; and be attended with the blessings that then followed it , to the wonder and conviction of all men . But let me add , the opposition some firy spirits have given the establishment of Episcopacy , deserves much of the blame of its being so little succesful in the great work of the Gospel : for always bitter envy and strife produce confusion and every evil work : therefore when you are to view Episcopacy in its amiable and lovely colors , let me send you back to that cloud of witnesses , who for the testimony of IESUS endured all manner of torments , were torn by beasts , slain by the sword , burnt in the fire ; and in a word , who preached the everlasting Gospel through the World. How many Churches did these Bishops found with their labors in preaching , and water not only with their tears , but their blood ? how sublime was their piety ? how frevent were their Sermons ? how constant were their labors ? how strict was their discipline ? how zealous were they against heresies ? and how watchful against vice ? In a word , read but the Histories and Writings of those great Worthies , who were by the confession of all men , Bishops , and had more absolute Authority over the Inferior Clergy , than is pretended to among us ? and then tell me , if you have not changed your verdict of that order . Have there been such men in the Christian World , as were Ignatius , Polycarp , I●●naeus , Cyprian , Thaumaturg , Athanasius , Basil , Nazianzen , Martin , Ambrose , Chrysostome , Augustin , and a thousand more ? These were , after the Apostles , the greatest glories of the Christian Church : and were burning and shining lights . It is in their lives , writings and decrees , that I desire you to view Episcopacy : and if it have any way fallen from that first and fair Original , direct your thoughts and zeal to contrive and carry on its recovery to its former purity and servor : but take it not at the disadvantage , as it may have suffered any thing from the corruptions of men , in a succession of so many ages ; for you know the Sacraments , the Ministery , and all the parts of Religion have been soiled , and stained of their first beauty by their corrupt hands , to whose care they were committed . But he were very much to blame , who would thereupon quarrel these things . I shall therefore intreat you will consider that Order , either in it self , or as it flourished in the first ages of the Church , and not as prejudices or particular escapes may have represented it to you . Eud. That you may both understand one another better , let me suggest to you the right stating of that you differ about , that you be not contending about words , or notions of things , which may appear with various shapes , and faces ; one whereof may be amiable , and another ugly : give therefore a clear and distinct account of that Episcopacy you own and assert . Poly. Since Philarcheus hath appealed to the ancient Church , for the true pattern of Episcopacy , I shall faithfully represent to you , what the office and power of their Bishops was , and how it took its first rise and growth among them ; and then I shall leave it to be discussed , how lawful or allowable it is of it self . The Iews had among them , beside the Temple-worship , which was Typical , their Synagogues , not only over the land , but through all the corners of the World into which they were dispersed ; which were called their Prosenchae among the Greeks , and Romans . Thither did they meet for the dayly worship of GOD ; there did they likewise meet on their Sabbaths , and recited their Philacteries , or Liturgies , and heard a portion of the Law read : which was divided in so many Sections , that it might be yearly read over : there was also a word of exhortation used , after the Law was read : and there were in these Synagogues , Office-Bearers separated for that work , who were to order the Worship , and the reading of the Law , and were to censure sins , by several degrees of Excommunications , casting them out of the Synagogue : they were likewise to see to the supplying the necessities of the Poor . Now if we consider the practice of our Saviour , and his Apostles , we shall find them studying to comply with the forms received among the Iews , as much as was possible , or consistent with the new Dispensation ; which might be instanced in many particulars , as in both Sacraments , the forms of Worship , the practice of Excommunication , and these might be branched out into many instances . And indeed since we find the Apostles yielding so far in compliance with the Iews about the Mosaical Rites , which were purely typical , and consequently antiquated by the death of CHRIST , we have a great deal of more reason to apprehend they complied with their forms in things that were not typical , but rather moral , such as was the order of their Worship : these things only excepted , wherein the Christian Religion required a change to be made : And this the rather , that wherever they went promulgating the Gospel , the first offer of it was made to the Iews ; many of whom believed , but were still zealous of the Traditions of their Fathers . And so it is not like , that they who could not be prevailed upon to part with the Mosaical Rites , for all the reasons were offered against them , were so easily content to change their other forms , which were of themselves useful and innocent . Now since we see the Apostles retained , and improved so many of their Rites and customs , why they should have innovated the Government of their Synagogues , will not be easily made clear : especially since they retained the names of Bishop , Presbyter , and Deacon , which were in use among the Iews , and since they did bless and separate them by the imposition of hands , which had been also practised among the Iews : and all this will appear with a clearer visage of reason , if we consider the accounts given in the Acts , or rules prescribed in the Epistles of the Apostles , about the framing and constituting their Churches . All which speak out nothing of a new Constitution , but tell only what rules they gave for regulating things ; which from the stile they run in , seem to have been then constituted : and is very far either from Moses's Language in the Pentateuch , or from the forms of the Institution of the Sacraments : And except the little we have of the Institution of Deacons , nothing like an Institution occurs in the New Testament ; and yet that seems not the Institution of an Order , but a particular provision of men for serving the H●llenists in an office already known and received . Now let me here send you to the Masters of the Iewish learning , particularly to the eminently learned , and judicious Doctor Lightfoot , who will inform you , that in every Synagogue there was one peculiarly charged with the Worship , called the Bishop of the Congregation , the Angel of the Church , or the Minister of the Synagogue : and besides him , there were three , who had the Civil Judicatory ; who judged also about the receiving Proselytes , the imposition of hands , &c. And there were other three , who gathered , and distributed the almes . Now the Christian Religion taking place , as the Gospel was planted in the Cities , where it was chiefly preached , these forms and orders were retained , both name and thing : for we cannot think that the Apostles , whose chief work was the gaining of Souls from Gentilism or Iudaism , were very sollicitous about modes of Government ; but took things as they found them . Only the Elder and greater Christians they separated for Church Offices , and retained an inspection over them themselves . And abstracting from what was said about the Synagogues , it is natural to think , that when the Apostles left them , and died , they did appoint the more eminent to be Over-seers to the rest ; which why not every where , as well as was done by S. Paul to Timothy and Titus , is not easily to be proved . But this is yet more rational from what was premised about the Synagogue Pattern ; only they did not restrict themselves to that number , for the number of the Presbyters was indefinite ; but the Deacons were according to their first original , restricted to the number seven . Thus the first form was , that there was one whose charge it was to over-see , feed , and rule the flock : and where the number of the Christians was small , they met all in one place for Worship , and it was easie for the Bishop to overtake the charge . But for the spreading of the Gospel , he had about him a company of the elder , and more eminent Christians , who were designed and ordained for diffusing the Gospel through the Cities , Villages , and Places adjacent : and these Presbyters were as the Bishop's Children educated , and formed by him , being in all they did , directed by him , and accountable to him , and were as Probationers for the Bishoprick : one of them being always chosen to succeed in the seat when vacant through the Bishop's death . Now all these lived together , as in a little College , and were maintained out of the charitable Oblations of the People , which were deposited in the Bishop's hands , and divided in four parts ; one falling to the Bishop , another to the Clergy , a third to the Widows and Orphans , and other poor Persons , and a fourth to the building of edifices for Worship . Thus the Churches were planted , and the Gospel was disseminated through the World. But at first every Bishop had but one Parish , yet afterwards when the numbers of the Christians encreased , that they could not conveniently meet in one place ; and when through the violence of the Persecutions they durst not assemble in great multitudes , the Bishops divided their charges in lesser Parishes , and gave assignments to the Presbyters of particular flocks , which was done first in Rome , in the beginning of the Second Century : and these Churches assigned to Presbyters , as they received the Gospel from the Bishop , so they owned a dependence on him as their Father , who was also making frequent excursions to them , and visiting the whole bounds of his Precinct . And things continued thus in a Parochial Government , till toward the end of the Second Century , the Bishop being chiefly entrusted with the cure of Souls , a share whereof was also committed to the Presbyters , who were subject to him , and particularly were to be ordained by him ; nor could any Ordination be without the Bishop ; who in ordaining , was to carry along with him the con●urrence of the Presbyters , as in every other act of Ecclesiastical Iurisdiction . But I run not out into more particulars , because of an account of all these things which I have drawn with an unbiass'd ingenuity , and as much diligence as was possible for me to bring along with me to so laborious a work : and this I shall send you when our Conference shall be at an end . But in the end of the Se●ond Century , the Churches were framed in another mould from the division of the Empire : and the Bishops of the Cities did , according to the several divisions of the Empire , associate in Synods with the chief Bishop of that Division or Province , who was called the Metropolitan , from the dignity of the City where he was Bishop . And hence sprang Provincial Synods , and the Superiorities , and Precedencies of Bishopricks , which were ratified in the Council of Nice , as ancient Customs , they being at that time above an hundred years old . In the beginning of the Third Century , as the purity of Churchmen begun to abate , so new methods were devised for preparing them well to those sacred Functions , and therefore they were appointed to pass through several degrees before they could be Deacons , Presbyters , or Bishops . And the Orders of Porters , Readers , Singers , Exorcists ( or Catechists ) Acolyths ( who were to be the Bishops attendants ) and Sub-deacons , were set up ; of whom mention is made first by Cyp●ian : and these degrees were so many steps of probationership to the supreme Order . But all this was not able to keep out the corruptions we●e breaking in upon Church Office●s , e●pe●●ally after the Fou●th Century , that the Empire became Christian : which as it broug●t much riches and splendor on Church Emp●oyments , so it let in g●eat swarms of corrupt men on the Christian Assemblies : And then the election to Church Offices , which was formerly in the hands of the people , was taken from them , by reason of the tumults and disorders were in these elections : which sometimes ended in blood , and occasioned much faction , and schism . And Ambitus became now such an universal sin among Churchmen , that in that Century , Monasteries were founded in divers places by holy Bishops , as by Basile , Augustine , Martin , and others ; who imitated the Example of those in Egypt , and Nitria ; whose design was the purifying of these who were to serve in the Gospel . It is true , these Seminaries did also degenerate , and become nests of superstition and idleness : yet it cannot be denied , but this was an excellent Constitution , for rightly forming the minds of the designers for holy O●ders ; that being trained up in a course of Devotion , Fasting , Solitude , abstraction from the World , and Poverty , they might be better qualified for the discharge of that holy Function . And thus I have given you a general draught and perspective of the first Constitution of Churches , together with some steps of their advance● , and declinings : But I despair not to give you an ampler account , and plan of their rules and forms . Mean while , let this suffice . Phil. From what you have told us , I shall propose the notion I have of Episcopacy , that the work of a Bishop , as it is chiefly to feed the flock , so it is more particularly to form , educate , and try these who are to be admitted to Church Imployments ; and to over-see , direct , admonish , and reprove these who are already setled in Church Offices : so that as the chief tryal of those who are to be ordained , is his work , the Ordinations ought to be performed by him ; yet not so as to exclude the assistance and concurrence of Presbyters , both in the previous tryal , and in the Ordination it self . But on the other hand , no Ordination ought to be without the Bishop . And as for Jurisdiction , though the Bishop hath authority to over-see , reprove , and admonish the Clergy ; yet in all acts of publick Jurisdiction , as he ought not to proceed without their concurrence , so neither ought they without his knowledge and allowance , determine about Ecclesiastical matters . As for the notion of the distinct Offices of Bishop and Presbyter , I confess , it is not so clear to me : and therefore since I look upon the ●acramental Actions , as the highest of sacred Pe●formances ; I cannot but acknowledge these who are empowered ●or them , must be of the highest Office in the Ch●rch . So I do not alledge a Bishop to be a dis●inct Office from a Presbyter ; but a different degree in the same Office , to whom for order and unities sake , the chief inspection and care of Ecclesiastical Matters ought to be referred , and who shall have authority to curb the Insolencies of some factious and turbulent Spirits . His work should be to feed the flock by the Word and Sacraments , as well as other Presbyters ; and especially to try and ordain Entrants , and to over-see , direct , and admonish such as bear Office . And I the more willingly incline to believe Bishops and Presbyters , to be the several degrees of the same Office , since the names of Bishop and Presbyter , are used for the same thing in Scripture ; and are also used promiscuously by the Writers of the two first Centuries . Now Isotimus , when you bring either clear Scripture , or evident Reason , for proving this to be unlawful , or unexpedient , you shall shake my kindness to this Constitution , whose venerable Antiquity hath conciliated so much reverence from me to it , that it will be a great attempt to change my value of it . Isot. These are all brave Stories well contrived for triumphing among ignorants . But these pretences f●om Antiquity have been so bat●led by the learned Assertors of Pre●byterial Government , that I wonder how you can so confidently vouch them , ●ince there is not a vestige of any dispa●ity before the 140th year after CHRIST . And we know the Mystery of Iniquity wrought in the days of the Apostles , and that then there was a Diotrophes who loved the preeminence , and the darkness and obscurity of the rise and progress of Prelacy , doth the more confirm me , that it was the Mystery of Iniquity . The pretence from Ignatius's Epistles , hath been often overthrown ; and there are words in these Epistles which clearly prove them to be the contrivance of some Impostor , they being so inconsistent with the strain of Religion , and truth of the Gospel , not to speak of the Orthodoxy and Piety of Ignatius , and the simplicity of these times , which demonstrate their interpolation evidently , for all the pains Doctor Hamond hath been at to assert their faith : and therefore these c●n furnish you with no argument . See pag. 145. and 151. Poly. I confess I can hear you tell over the arguments of these Pamphlets with some pa●ience : But truly in this instance , I know ●ot how to treat you , or rather him in whose name you speak , who yet would earnestly perswade the World of the great skill , he and his friends have in these things . Surely they are the men of Wisdom ! And one may as securely pull the hairs out of a Lion's beard , as twit them with the least deg●ee of igno●ance . But , pray , tell your Learned Friend , that in his next publick appearance , he meddle no more with Antiquity before he know it better , and discover not so much ignorance , that one of a months standing in that study may laugh at him . Pray , Sir , are you in earnest , when you tell me that for 140 years after CHRIST , there is no vestige of Prelacy on record ? Will you not believe Irenaeus , who lived at that time , though he wrote some years after , and reckons the succession of the Bishops of Rome from the days of the Apostles ? Or if the Writings and Records of that time be lost , will you give no credit in a Historical matter to those who followed that time , and drew their accounts from Writings then extant , though now lost , such as Tertullian , Cyprian , but especially Eusebius , who gives the succession of the Bishops , in the several great Sees , from the Apostles days ? Certainly , he who was born but about an hundred years after the time you mark , would have had some knowledge of so great a change . But if there was no vestige of Prelacy before the year 140 in which it first appeared , what time will you allow for its spreading through the World ? Or was it in an instant received every where ? Were all the pretenders so easily en●lamed to this Paroxism of Ambition ? And were all the other Presbyters so tame , as to be so ●asily whed●ed out of their rights , without one protestation on the contrary ? How came the Eclipse of the Church to a total Obscuration in one minute ? What charm was there in Prelacy at that time , that the World was so inchanted with it ; and that so soon after S. Iohn's death , when Polycarp , and many more of the Apostolical men did yet survive ? And how came it , that all the Churches did so unanimously concur in the defection , and not so much as two witnesses appeared to fight against this Beast ? Let me tell you freely , there is not a ravery in Don Quixot's Adventures , or Amadis de Gaul , but is liker to prevail on my belief , than this Romance . But for Ignatius's Epistles , the hazard of the issue of the debate about them is very unequal : for if these Epistles be his , then he dying so near S. Iohn's days , the Cause of Presbytery will be undone . But though they be not his , the Episcopal Party sustain small prejudice : For from other traces of Antiquity , it can be made as clear , that Episcopacy was in the Church from the days of the Apostles , as any historical thing which is at so great distance from our time . But for your friends exceptions at these Epistles , they betray his great skill , and tell clearly , that he understands not the question , and that he h●th never read a Page of Doctor Hamond , though with his usual arrogance , he slights all he saith : For had he read any pa●t of his dissertation , he would have made a difference betwixt the old vulgar Edition of these Epistles , whose Interpolations that learned Doctor acknowledgeth , and the late Edition of them by the learned Vossius , according to the Medicean Codex , whose authority he only voucheth . Now had he known this , would he have cited words out of them , which are not of the true Edition asserted by Doctor Hamond , but are of the old vulgar and rejected one ? Certainly , had he read any thing of that debate , which hath been truly managed with much subtil critical learning on both sides , he could not have stumbled unto such a mistake . But his reading , it is like , riseth not above Pamphlets ; and finding these words cited on the same design , before the late Editions of Ignatius came out ; he , without examining , took them upon trust from second hand . But I shall not run out farther upon Ignatius's Epistles , than to recommend their perusal to you , and then I am confident you will discern such a native , simple , and sincerely pious , and devout strain in them , so unlike the swelled Stile , or purposes of interpolated Writings , that they will be their own testimony for convincing you of their genuineness : but the exceptions against them being so fully , and so lately , with an amazing diligence , answered by Doctor Pearson , I shall remit you to his Labors , if you intend to examine this matter accurately . Isot. Your Conformist did likewise alledge the 40 , but he should have said the 38 Apostolical Canon , with a hint , as if fifty of these might have been the Apostles appointments : though the heap of them is so full of novelties , that their Antiquity cannot be pleaded by any who knows the state of the ancient Church ; as appears from the 3 , 17 , and 25 Canons : and were these Canons received , they would prejudge more than advance the cause you maintain , as will appear from the 4 , 33 , 36 , and 80 Canons , not to mention the 24 , 26 , 28 , 41 , 53 , 57 , and 75. And in a word , these Canons do only allow of a precedency of Order , but not of your Prelatick power and superiority , that claims the sole power of Ordination and Jurisdiction : See pag. 148. Poly. Truly , Sir , if the former exceptions did prove your Author a second hand writer , who voucheth Antiquity upon the testimony of others , this doth it much more . For I am sure had he but read over those Canons , which might be done in half an hour , he had argued this point at another rate : and had he seen the Edition of Dionysius Exiguus , he had not accused the Conformist for citing that Canon , as the fortieth , since it is so in his division , who was their first publisher in the Latine Church , tho it be the thirty ninth in the Greek division . But I will deal roundly in this matter , and acknowledge that collection to be none of the Apostles nor Clement's , since all that passed under Clement's name was accounted spurious , except his first Epistle to the Corinthians . Nor was this a production of the first two ages . For the silence of the Writers of those Centuries gives clear evidence for their novelty : They not being cited for the decision of things then in controversie , wherein they are express , as in the matter of Easter , the rebaptizing Hereticks , and divers other particulars . Yet in the Fourth and Fifth Century , reference is after made to some Elders rules of the Church , which are to be found no where but in this Collection . The Apostolical Canons are also sometimes expresly mentioned : and this gives good ground to believe there were from the Third Century and forward , some rules general received in the Church , and held Apostolical , as being at first introduced by Apostolical men . This was at first learnedly made out by De Marca Concord . lib. 3. c. 2. and of late more fully by that most ingenious and accurate searcher into Antiquity Beveregius in his Preface to his Annotations on these Canons . Yet I am apt to think , they were only preserv'd by an oral tradition : and that no collection of them was agreed on , and publish'd before the fifth Century . It is certain , the Latine Church in Pope Innocent 's days acknowledged no Canons but those of Nice . And many of the Canons in this Collection , we find among Canons of other Councils , particularly in that of Antioch ; without any reference to a preceding authority that had enjoined them : which we can hardly think they had omitted , had they received the collection ( I speak of ) as Apostolical . And that of the triple immersion in Baptism , looks like a Rule , no elder than the Arrian Controversie . They began first to appear under the name of the Apostles Canons in the Fifth Century , which made Pope Gelasius with a Synod of seventy Bishops condemn them as Apocryphal ; though I must add , that the authority of that pretended Council and Decree , though generally received , be on many accounts justly questionable : And yet by this we are only to understand , that he rejected that pretended authority of the Apostles prefixed to these Canons . In the beginning of the Sixth Century they were published by Dionysius Exiguus , who prefixed fifty of them to his translation of the Greek Canons ; but he confesses they were much doubted by many . At the same time they were published in the Greek Church with the addition of thirty five more Canons , and were acknowledged generally . Iustinian cites them often in the Novels , and in the sixth Novel calls them , the Canons of the holy Apostles , kept and interpreted by the Fathers . And the same authority was ascribed to them by the Council in Trullo . These things had been pertinently alledged if you had known them , but for your Friends niblings at them , if you will but give your self the trouble of reading these Canons , you will be ashamed of his weakness , who manageth his advantage so ill . And to instance this but in one particular , had he read these Canons himself , could he have cited the eighty which is among the latter additions , and passed by the sixth , which is full to the same purpose ? But for that impudent allegation , as if a bare precedency had been only ascribed to Bishops by these Canons , look but on the 14. the 30. 37. 40. 54. and 73. and then pass your verdict on your Friends ingenuity , or his knowledg . By the 14. No Churchman may pass from one Parish to another without his Bishop's sentence , otherwise he is suspended from Ecclesiastical Functions : and if he refuse to return , when required by his Bishop , he is to be accounted a Churchman no more . By the 30. A Presbyter , who in contempt of his Bishop gathers a Congregation apart , having nothing to condemn his Bishop of , either as being unholy or unjust , he is to be deposed , as one that is ambitious , and tyrannous ; and such of the Clergy or Laity as join with them , are likewise to be censured . By the 37. The Bishop hath the care of all Church matters , which he must administrate as in the sight of God. By the 39. The Bishop hath power over all the goods of the Church ; and the reason given is , that since the precious souls of men are committed to him , it is much more just he have the charge of the goods of the Church . By the 54. If a Clergy-man reproach their Bishop , he is to be deposed , for it is written , Thou shalt not curse the Ruler of thy people . And by the 73. A Bishop , when accused , is only to be judged of by other Bishops . Now from these hints , judg whether there be truth in that Assertion , that only a precedency is asserted in these Canons : and if all the power is now pleaded for , be not there held out ; not to mention the Canon was cited by the Conformist , that Presbyters or Deacons might finish nothing without the Bishop's Sentence , since the Souls of the people are trusted to him . As for the sole power of Ordination and Jurisdiction , I am sure none among us do claim it , but willingly allow the Presbyters a concurrence in both these . And as to what your friend saith of Cyprian , it is of a piece with the learning and ingenuity that runneth through the rest of his Discourse , from page 150 to page 160. where for divers pages he belabours his Reader with brave shews of Learning and high invention , so that no doubt he thinks he hath performed Wonders , and fully satisfied every scruple concerning the rise and progress of Episcopacy . Isot. I pray you , do not fly too high , and make not too much ado about any small advantages you conceive you have of my Friend : but upon the whole matter I am willing to believe there was a precedency pretty early begun in the Church , which I shall not deny was useful and innocent , tho a deviation from the first pattern : Neither shall I deny , that holy men were of that Order : but when it is considered what a step even that Precedency was to Lordly Prelacy , and how from that the son of perdition rose up to his pretence of Supremacy ; we are taught how unsafe it is to change any thing in the Church , from the first institution of its blessed Head , who knew best what was fit for it , according to whose will all things in it should be managed . Poly. It hath been often repeated , that nothing was ever so sacred , as to escape that to which all things , when they fall in the hands of Mortals , are obnoxious . And may not one that quarrels a standing Ministery , argue on the same grounds , a Ministers authority over the people , gave the rise to the authority Bishops pretend over Ministers , and so the Ministery will be concluded the first step of the Beast's Throne ? Or may not the authority your Judicatories pretend to be at the same rate struck out , since from lesser Synods sprung greater ones , from Provincial rose Generals , and from these Oecumenical ones with the pretence of infallibility ? But to come nearer you , that whole frame of Metropolitans and Patriarchs was taken from the division of the Roman Empire , which made up but one great National Church : and so no wonder the Bishop of the Imperial City of that Empire , was the Metropolitan of that Church : yet he was not all that neither , since he had no authority over his fellow Patriarchs , being only the first in order , which truly were the Bishops of that Church : what they were for the first four Ages , it was never judged an absurdity to grant to them still : tho the ruin of the Roman Empire , and its division into so many Kingdoms , which are constituted in various National Churches , do alter the present frame of Europe so entirely , from what was then ; that with very good reason what was then submitted to , on the account of the Unity of the Empire , may be now undone by reason of the several Kingdoms , which are National Churches within themselves ; and need not to own so much as the acknowledgment of Primacy to any , but to the Metropolitan of their own Kingdom . And it seems the interest of Princes , as well as Churches , to assert this . But for the pretence of the Pope's supremacy Episcopacy was so far from being judged a step to it , that the ruin of the Episcopal authority over Presbyters , and the granting them exemptions from the Jurisdiction of their Ordinary , was the greatest advance the Roman Bishop ever made in his tyrannical usurpation over Churches . I need not here tell so known a matter , as is that of the exemption of the Regulars , who being subject to their own Superiors and Generals , and by them to the Pope , were sent through the World in swarms ; and with great shews of piety , devotion , and poverty , carried away all the esteem and following from the secular Clergy ; who were indeed become too secular , and these were the Pope's Agents and Emissaries , who brought the World to receive the mark of the Beast , and wonder at her . For before that time , the Popes found more difficulty to carry on their pretensions , both from secular Princes and Bishops : But these Regulars being warranted to preach and administer the Sacraments without the Bishop's license , or being subject and accountable to him ; as they brought the Bishops under great contempt , so they were the Pope's chief confidents in all their treasonable plots against the Princes of Europe . And when at the Council of Trent , the Bishops of Spain being weary of the insolencies of the Regulars , and of the Papal yoak , designed to get free from it . The great mean they proposed , was to get Episcopacy declared to be of divine Right , which would have struck out both the one and the other . But the Papal Party foresaw this well , and opposed it with all the Artifice imaginable : and Lainez the Jesuit , did at large discourse against it ; and they carried it so , that it was not permitted to be declared of divine Right . And by this , judg if it be likely that the Papacy owes its rise to Episcopacy , since the declaring it to be of divine Right , was judged one of the greatest blows the Papal Dominion could have received , as the abusing of the Episcopal authority , was the greatest step to its Exaltation . Isot. Be in these things what may be , I am sure from the beginning it was not so , since Christ did so expresly prohibit all dominion and authority among his Disciples , when he said , But it shall not be so among you : but whosoever will be great among you , let him be your minister , Luke 22.26 . Whereby he did not only condemn a tyrannical domination , but simply all Authority , like that the Lords of the Gentiles exercised over them . See page 88. Crit. I confess , the advantages some have drawn from these words of CHRIST , for deciding this question , have many times appeared strange to me , their purpose being so visibly different from that to which they are applied . But if we examine the occasion that drew these words from CHRIST , it will furnish us with a key for understanding them aright : and that was the frequent contentions were among the Disciples about the precedency in the Kingdom of CHRIST : for they were in the vulgar Iudaical Error , who believed the Messiah was to be a temporal Prince , and so understood all the pompous promises of the New Dispensation liberally , and thought that CHRIST should have restored Israel in the literal meaning : therefore they began to contend who should be preferred in his Kingdom : and the Wife of Zebedee did early bespeak the chief preferments for her Sons . Yea , we find them sticking to this mistake even at CHRIST's Ascension , by the question then moved , concerning his restoring the Kingdom at that time to Israel . Now these Contentions , as they sprung from an error of their judgments , so also they took their rise from their proud ambition . And for a check to both , our Saviour answers them , by telling the difference was to be betwixt his Kingdom , and the Kingdoms of the Nations : these being exercised by Grandeur and temporal Authority , whereas his Kingdom was Spiritual , and allowed nothing of that ; since Churchmen have not by CHRIST a Lordly or Despotick dominion over Christians committed to them , but a paternal and brotherly one ; by which in commanding , they serve their Flock ; so that it is both a Ministery and an Authority . Therefore the words of Christ , it shall not be so among you , relate nothing to the degrees or ranks of Churchmen , but to the nature of their power and jurisdiction over their flock , and not to their degrees among themselves , which appears evidently from the whole contexture of the words . And that he is not speaking of any equality among Churchmen in their Church power , appears from the mention is made of the greatest , and the chief ; He that is greatest among you , let him be as the younger ; and he that is chief , as he that doth serve : which shew he was not here designed to strike out the degrees of superiority , when he makes express mention of them ; but to intimate that the higher the degrees of Ecclesiastical Offices did raise them , they were thereby obliged to the more humility , and the greater labor . All which is evidently confirmed by the instance he gives of himself , which shews still he is not meaning of Church power ( since he had certainly the highest Ecclesiastical a●thority ) but only of Civil dominion ; nothing of which he would assume . And if this place be to be applied to Church power , then it will rather prove too much , that there should be no power at all among Churchmen over other Christians : For since the parallel runs betwixt the Disciples , and the Lords of the Gentiles ; it will run thus , that tho the Lords of the Gentiles bear rule over their people , yet you must not over yours : so that this must either be restricted to Civil Authority , or else it will quite strike out all Ecclesiastical Iurisdiction . But how this should be brought to prove that there may not be several ranks in Church Offices , I cannot yet imagine . And as it is not thought contrary to this , that a Minister is over your Lay-Elders and Deacons , why should it be more contrary to it , that a rank of Bishops be over Ministers ? In a word , since we find the Apostles exercising this paternal authority over other Churchmen , it will clearly follow they understood not Christ , as hereby meaning to discharge the several ranks of Churchmen , with different degrees of power . But to tell you plainly what by these words of CHRIST is clearly forbidden , I acknowledg that chiefly the Pope's pretence to the Temporal Dominion over Christendom , whether directly or indirectly , as the Vicar of CHRIST , is expresly condemned . Next , all Churchmen under what notion , or in what Judicatory soever , are condemned , who study upon a pretence of the Churches intrinsick power , to possess themselves of the authority , to determine about obedience due to Kings or Parliaments , and who bring a tyranny on the Christians , and pr●cure what by Arts , what by Power , the secular Arm to serve at their beck . Whether this was the practice of the late General Assemblies , or not , I leave it to all who are so old , as to remember how squares went then ; and if the leading Men at that time , had not really the secular power ready to lacquay at their commands , so that they ruled in the spirit of the Lords of the Gentiles , whatever they might have pretended . And the following change of Government did fully prove , that the obedience which was universally given to their commands , was only an appendage of the Civil Power , which was then directed by them : For no sooner was the power invaded by the Usurper , who regarded their Judicatories little , but the Obedience payed to their Decrees evanished . Thus , I say , these who build all their pretences to parity on their mistakes of these words , did most signally despise and neglect them in their true and real meaning . Now think not to retort this on any additions of Secular Power , which the munificence of Princes may have annexed to the Episcopal Office ; for that is not at all condemned here : CHRIST speaking only of the power Churchmen , as such , derived from him their Head , which only bars all pretensions to Civil Power on the title of their Functions ; but doth not say that their Functions render them incapable of receiving any Secular Power , by a secular conveyance from the Civil Magistrate . And so far have I considered this great and pompous argument against precedency in the Church ; and am mistaken if I have not satisfied you of the slender foundations it is built upon : all which is also applicable to St. Peter's words , of not Lording it over their flocks . Isot. You are much mistaken , if you think that to be the great foundation of our belief of a parity among Churchmen , for I will give you another , ( page 91. ) which is this , that IESUS CHRIST the head of his Church , did institute a setled Ministery in his Church , to feed and over-see the Flock , to preach , to reprove , to bind , loose , &c. It is true , he gave the Apostles many singular things beyond their Successors , which were necessary for that time , and work , and were to expire with it : But as to their Ministerial Power which was to continue , he made all equal . The Apostles also acknowledged the Pastors of the Churches , their fellow-laborors , and Brethren . And the feeding and overseeing the Flock , are duties so complicated together , that it is evident none can be fitted for the one , without they have also authority for the other . And therefore all who have a power to preach , must also have a right to govern , since Discipline is referable to preaching , as a mean to its end : preaching being the great end of the Ministery . These therefore who are sent upon that work , must not be limited in the other : neither do we ever find CHRIST instituting a Superiour Order over preaching Presbyters , which shews he judged it not necessary : And no more did the Apostles , though they with-held none of the Counsel of GOD from the flock . Therefore this Superior Order usurping the power from the preaching Elders , since it hath neither warrant , nor institution in Scripture , is to be rejected , as an invasion of the rights of the Church . In fine , the great advantage our Plea for parity hath , is , that it proves its self , till you prove a disparity . For since you acknowledg it to be of divine Right , that there be Office●s in the House of GOD , except you prove the institution of several Orders , an equality among them must be concluded . And upon these accounts it is that we cannot acknowledg the lawfulness of Prelacy . Phil. I am sure , if your Friends had now heard you , they would for ever absolve you from designing to betray their cause by a faint Patrociny ; since you have in a few words laid out all their Forces : but if you call to mind what hath heen already said , you will find most of what you have now pleaded , to be answered beforehand . For I acknowledge Bishop and Presbyter , to be one and the same Office ; and so I plead for no new Office-Bearers in the Church . Next , in our second Conference , the power given to Churchmen was proved to be double . The first branch of it , is their Authority to publish the Gospel , to manage the Worship , and to dispense the Sacraments . And this is all that is of divine right in the Ministery , in which Bishops and Presbyters are equal sharers , both being vested with this power . But beside this , the Church claims a power of Jurisdiction , of making rules for discipline , and of applying and executing the same ; all which is indeed suitable to the common Laws of Societies , and to the general rules of Scripture , but hath no positive warrant from any Scripture precept . And all these Constitutions of Churches into Synods , and the Canons of discipline , taking their rise from the divisions of the World into the several Provinces , and beginning in the end of the second , and beginning of the third Century , do clearly shew they can be derived from no divine Original ; and so were , as to their particular form , but of humane Constitution : therefore as to the management of this Jurisdiction , it is in the Churches power to cast it in what mould she will : and if so , then the constant practice of the Church for so many ages should determine us , unless we will pretend to understand the exigencies and conveniences of it better than they who were nearest the Apostolical time . But we ought to be much more determined by the Laws of the Land , which in all such matters have a power to bind our consciences to their obedience , till we prove the matter of them sinful . Now discover where the guilt lyes of fixing one over a Tract of ground , who shall have the chief inspection of the Ministery , and the greatest Authority in matters of Jurisdiction , so that all within that Precinct be governed by him , with the concurring votes of the other Presbyters : if you say , that thereby the Ministers may be restrained of many things , which otherwise the good of the Church requires to be done : I answer , these are either things necessary to be done by divine precept , or not : if the former , then since no power on earth can cancel the Authority of the divine Law , such restraints are not to be considered . But if the things be not necessary , then the Unity and Peace of the Church is certainly preferable to them . I acknowledge a Bishop may be tyrannical , and become a great burden to his Presbyters ; but , pray , may not the same be apprehended from Synods ? And remember your friends , how long it is , since they made the same complaints against the Synods : and the hazard of an ill Bishop is neither so fixed , nor so lasting , as that of a bad Synod . For a Bishop may die , and a good one succeed : but when a Synod is corrupt , they who are the major part , are careful to bring in none , but such as are sure to their way ; whereby they propagate their corruption more infallibly than a Bishop can do . And what if the Lay ruling Elders should bend up the same plea against the Ministers , who do either assume a Negative over them directly , or at least do what is equivalent , and carry every thing to the Presbytery , Synod , or General Assembly , where they are sure to carry it against the Lay-Elders , they being both more in number , and more able with their learning and eloquence to confound the others ? But should a Lay-Elder plead thus against them , We are Office-Bearers instituted by CHRIST , for ruling the flock , as well as you , and yet you take our power from us ; for whereas in our Church Sessions , which are of CHRIST's appointment , we are the greater number , being generally twelve to one ; you Ministers have got a device , to turn us out of the power : for you allow but one of us to come to your Synods , and Presbyteries , and but one of a whole Presbytery to go to a National Synod ; whereby you strike the rest of us out of our power : and thus you assert a preeminence over us , to carry matters as you please ? Now Isotimus , when in your principles you answer this , I will undertake on all hazards to satisfie all you can say , even in your own principles . Next , may not one of the Congregational way , talk at the same rate , and say , CHRIST hath given his Office-Bearers full power to preach , feed , and oversee the flock ; and yet for all that , their power of overseeing is taken from them ; and put in the hands of a multitude , who being generally corrupt themselves , and lusting to envy , will suffer none to outstrip them : but are tyrannical over any they see minding the work of the Gospel more than themselves ? And must this usurpation be endured and submitted to ? And let me ask you freely , what imaginable device will be fallen upon , for securing the Church from the tyranny of Synods , unless it be either by the Magistrates power , or by selecting some eminent Churchmen , who shall have some degrees of power beyond their brethren ? In a word , I deny not , but as in Civil Governments , there is no form upon which great inconveniences may not follow ; so the same is unavoidable in Ecclesiastical Government . But as you will not deny , Monarchy to be the best of Governments , for all the hazards of tyranny from it ; so I must crave leave to have the same impressions of Episcopacy . Crit. But suffer me to add a little for checking Isotimus his too positive asserting of parity from the New Testament ; for except he find a precept for it , his Negative Authority will never conclude it : and can only prove a parity lawful , and that imparity is not necessary . I shall acknowledge that without Scripture warrants , no new Offices may be instituted ; but without that , in order to Peace , Unity , Decency , and Edification , several ranks and dignities in the same Office , might well have been introduced : whereby some were to be empowered either by the Churches choice , or the Kings Authority , as Overseers , or inspectors of the rest : who might be able to restrain them in the exercise of some parts of their functions , which are not immediatly commanded by GOD. And you can never prove it unlawful , that any should oversee , direct , and govern Churchmen , without you prove the Apostolical function unlawful : for what is unlawful , and contrary to the rules of the Gospel , can upon no occasion , and at no time become lawful : since then both the Apostles , and the Evangelists exercised Authority over Presbyters ; it cannot be contrary to the Gospel rules , that some should do it . To pretend that this superiority was for that exigent , and to die with that age , is a mere allegation without ground from Scripture : for if by our LORD's words , it shall not be so among you , all superiority among Churchmen was forbid , how will you clear the Apostles from being the first transgressors of it ? And further , if upon that exigent such superiority was lawful , then upon a great exigent of the Church , a superiority may be still lawful . Besides , it is asserted , not proved , that such an authority as S. Paul left with Timothy and Titus , was to die with that age : for where the reason of an appointment continues , it will follow , that the Law should also be coeval with the ground on which it was first enacted : if then there be a necessity that Churchmen be kept in order , as well as other Christians ; and if the more exalted their office be , they become the more subject to corruption , and corruptions among them be both more visible , and more dangerous than they are in other persons ; the same parity of reason that enjoyns a Jurisdiction to be granted to Churchmen over the faithful , will likewise determine the fitness of granting some excrescing power to the more venerable and approved of the Clergy over others ; neither is this a new Office in the House of GOD , but an eminent rank of the same Office. Isot. You study to present Episcopacy in as harmless a posture as can be , yet that it is a distinct Office , is apparent by the sole claim of Ordination and Iurisdiction they pretend to , and by their consecration to it , which shews they account it a second Order : besides , that they do in all things carry as these who conceit themselves in a Region above the Presbyters . Phil. I am not to vindicate neither all the practices , nor all the pretensions of some who have asserted this Order , no more than you will do the opinions or actings of all your party : which when you undertake , then I allow you to charge me with what you will. But it is a different thing to say , that no Ordination , nor greater act of Jurisdiction , should pass without the Bishop's consent , or concurrence ( which is all I shall pretend to , and is certainly most necessary for preserving of Order and Peace ) from asserting that the sole power for these s●ands in the Bishops person . And though I do hold it schismatical to ordain without a Bishop , where he may be had , yet I am not to annul these Ordinations that pass from Presbyters , where no Bishop can be had : and this lays no claim to a new Office , but only to a higher degree of inspection in the same Office ; whereby the exercise of some acts of Iurisdiction are restrained to such a method ; and this may be done either by the Churches free consent , or by the King's authority . As for the consecration of Bishops by a new imposition of hands , it doth not prove them a distinct Office : being only a solemn benediction and separation of them for the discharge of that inspection committed to them : and so we find Paul and Barnabas ( though before that they preached the Gospel , yet when they were sent on a particular Commission to preach to the gentiles ) were blessed with imposition of hands , Acts 13.3 . which was the usual Ceremony of benediction . Therefore you have no reason to quarrel this , unless you apprehend their managing this oversight the worse , that they are blessed in order to it : nor can you quarrel the Office in the Liturgy , if you do not think they will manage their power the worse , if they receive a new effusion of the holy Ghost . And thus you see , how little ground there is , for quarrelling Episcopacy upon such pretences . Eud. I am truly glad you have said so much for confirming me in my kindness for that Government : for if you evinces its lawfulness , I am sure the expediency of that Constitution will not be difficult to be proved , both for the tryal of Entrants , and the oversight of these in Office : for when any thing lyes in the hands of a multitude , we have ground enough to apprehend what the issue of it will prove . And what sorry overly things these t●yals of Entrants are , all know . ●ow little pains is taken to form their minds into a right sense of that function , to which they are to be initiated at one step , without either previous degree , or mature tryal ? And here I must say , the ruine of the Church springs hence , that the passage to sacred Offices lyes so patent , whereby every one leaps into them out of a secular life , having all the train of his vanities , passions , and carnal designs about him : and most part entering thus unpurified , and unprepared , what is to be expected from them , but that they become idle , vain and licentious , or proud , ambitious , popular and covetous ? I confess , things among us are not come to any such settlement , as might give a provision against this : But devise me one like a Bishop's Authority , who shall not confer Orders to any , before either himself , or some other select and excellent persons , on whom he may with confidence devolve that trust , be well satisfied not only about the learning and abilities , but about the temper , the piety , the humility , the gravity , and discretion of such as pretend to holy Orders : And that some longer tryal be taken of them by the probationership of some previous degree . Indeed the poverty of the Church , which is not able to maintain Seminaries and Colledges of such Probationers , renders this design almost impracticable . But stretch your thoughts as far as your invention can send them , and see if you can provide such an expedient for the reforming of so visible an abuse , as were the Bishop's plenary authority to decide in this matter . For if it lie in the hands of a Plurality , the major part of these , as of all mankind , being acted by lower measures , the considerations of Kinred , alliance , friendship , or powerful recommendations , will always carry through persons , be they what they will , as to their abilities and other qualifications : And a multitude of Churchmen is less concerned in the shame can follow an unworthy promotion ; which every individual of such a company will be ready to bear off himself , and fasten on the Plurality . But if there were one to whom this were peculiarly committed , who had authority to stop it , till he were clearly convinced that the person to be ordained , was one from whose labors good might be expected to the Church , he could act more roundly in the matter : and it may be presupposed that his condition setting him above these low conside●ations , to which the inferiour Clergy are more obnoxious , he would manage it with more caution ; as knowing that both before GOD and Man , he must bear the blame of any unworthy promotion . And as for these in Office , can any thing be more rational than that the inspection into their labors , their deportment , their conversation , and their dexterity in Preaching and Catechising , be not done mutually by themselves in a parity , wherein it is to be imagined , that as they degenerate , they will be very gentle to one another ? And when any inspection is managed by an equal , it opens a door to faction , envy , and emulation : neither are the private rebukes of an equal , so well received , nor will it be easie for one of a modest temper to admonish his fellow-Presbyter freely . And yet how many things are there , of which Churchmen have need to be admonished , in the discharge of all the parts of their function , especially when they set out first , being often equally void of experience and discretion ? But what a remedy for all this , may be expected from an excellent Bishop : who shall either , if his health and strength allow it , be making excursions through his Diocese , and himself observe the temper , the labors , and conversation of his Clergy ? or at least trust this to such as he hath reason to confide most in , that so he may understand what admonitions , directions , and reproofs are to be given , which might obviate a great many indiscretions , and scandals that flow from Churchmen . And the authority of such a person , as it would more recommend the reproofs to these for whom they were meant , so it could prevail to make them effectual , by a following Censure if neglected . If the confusion some keep matters in , have hindered us for coming at a desired settlement , the Office of Episcopacy is not to be blamed , whose native tendency I have laid out before you , and in a fair idea , but in what was both the rule and practice of the ancient Church , and wants not latter instances fo● verifying it . In a word , I must tell you , I am so far from apprehending danger to the Church , from Bishops having too much power , that I shall fear rather its slow recovery , because they have too little : which might be managed with all the meekness and humility imaginable , and indeed ought to be always accompanied with the advice and concurrence of the worthiest persons among the inferior Clergy . But till you secure my fears of the greater part in all Societies becoming corrupt , I shall not say by the major part of them , but by the better part . Isot. I see you run a high strain , and far different from what was the discourse of this Countrey a year ago , of an accommodation was in●ended , wherein large offers seemed to be made : but I now see by your ingenuous freedom , that though for a while you ( who were called a great friend to that design ) were willing to yield up some parts of the Episcopal Grandeur , yet you retain the ●oot of that Lordly ambition still in your heart : and so though for some particular ends , either to deceive , or divide the LORDS people , you were willing to make an appearance of yielding ; yet it was with a resolution of returning with the first opportunity , to the old practices and designs of the Prelats , of enhansing the Ecclesiastical Power to themselves , and a few of their associats . And this lets me see , what reason all honest people have to bless GOD that these arts and devices took not ; for an Ethiopian cannot change his skin . Phil. I confess to you freely , I was a little satisfied with these condescentions as any of you ; and though they gave up the Rights of the Church to a peevish and preverse party , whom gentleness will never gain : and therefore am no less satisfied than you are , that they did not take : and so much the more , that their refusing to accept of so large offers , gave a new and clear character to the World of their temper : and that it is a faction , and the servile courting of a party which they design , and not a strict adherence to the rules of conscience , otherwise they had been more tractable . Eud. Let me crave pardon to curb your humor a little , which seems too near a kin to Isotimus his temper , though under a different character . For my part , I had then the same sense of Episcopacy which I have just now owned . But wh●n I considered the ruines of Religion which our divisions occasioned among us , and when I read the large offers S. Augustin made on the like occasion to the Donatists , I judged all possible attempts even with the largest condescentions for an accommodation , a worthy and pious design , well becoming the gravity and moderation of a Bishop to offer , and the nobleness of these in authority to second with their warmest endeavors : for if it was blessed with success , the effect was great , even the setling of a broken and divided corner of the Church : if it took not , as it fully exonered the Church of the evils of the Schism ; so it rendered the enemies of Peace and Unity the more unexcusable . Only I must say this upon my knowledg , that whatever designs men of various sentiments fastened upon that attempt , it was managed with as much ingenuity and sincerity , as mortals could carry along with them in any purpose . I know it is expected and desired that a full account of all the steps of that affair be made publick , which a friend of ours drew up all along , with the progress of it . But at present my concern in one , whom a late Pamphlet , ( as full of falshoods in matters of fact , as of weakness in point of reason ) hath mirepresented ( the case of Accommodation , Page 31 ) shall prevail with me to give an account of a particular pas●ed in a Conference , which a Bishop and two Presbyters had with about thirty of the Nonconformists , at Pasley , on the 14th of December in the year 1670. When the Bishop had in a long Discourse recommended Unity and Peace to them , on the terms were offered ; he withal said much to the advantage of Episcopacy as he stated it , from the rules and practices of the ancient Church : offering to turn their Pro●elyte immediately , if they should give him either clear Scripture , good reason or warrant from the most Primitive Antiquity against such Episcopacy . And with other things , he desired to know whether they would have joined in Communion with the Church , at the time of the Council of Nice , ( to carry them no higher ) or not ? for if they refused that , he added he would have less heartiness to desire communion with them , since of these he might say , Let my soul be with theirs . But to that , a general answer was made by one , who said , He hoped they were not looked upon , as either so weak , or so wilful , as to determine in so great a matter , but upon good grounds : which were the same , that the asserters of Presbyterian Government had built on , which they judged to be conform both to Scripture and Primitive Antiquity . But for Scripture , neither he nor any of the meeting offered to bring a Title : only he alledged some differences betwixt the anci●nt Presidents , as he called them , and our Bishops . But this was more fully enlarged by one who is believed to be among the most learned of the Party : whose words with the answer given them , I shall read to you , as I take both from a Journal was drawn of that affair , by one whose exactness and fidelity in it , can be attested by some worthy spectators , who read what he wrote after the Meeting was ended , and Judged it not only faithful , but often verbal : And that he was so careful to evite the appearances of partiality , that he seemed rather studious to be more copious in proposing what was said by these who differed from his opinion , whereas he contracted much of what was said by these he favored . The account follows . Mr. — said , That he offered to make appear , the difference was betwixt the present Episcopacy , and what was in the ancient Church , in ●ive particulars . The first was , that they had n● Archbishops in the Primitive Church . It is true , they had Metropolitans ; but in a Council o● Ca●thage , it was decreed , that no Bishop should be ●all●d ●ummus Sacerdos , or Princeps Sacerdo●um , sed primae sedis Episcopus . 2. The Bishops in the ancient Church were Parochial , and not only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but in every Village 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; for even in Bethany we find there was a Bishop . 3. Two Bishops might be in one Church , such was ( not to mention Alexander and Narcissus at Jerusalem ) Augustin , who with Valerius , was ordained Bishop of Hippo. 4. Bishops were elected by their Presbyters , so Jerome tells us , that in Alexandria the Presbyters choosed one of their number to be Bishop : and finally , the Bishops were countable to and censurable by their Presbyters : for either this must have been , otherwise they could not have been censured at all . For though we meet with some Provincial Synods in Church History , as that of Carthage in Cyprians time , for the rebaptizing of hereticks ; and that at Antioch against Samo●atenus , yet these instances were rare , and recurred seldom ; therefore there must have been a power in Presbyters to have censured their Bishops , otherwise it could not have been done , which is absurd to imagine . And upon all these accounts , he judged the present Episcopacy differed much from the ancient 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Upon this discourse , the Bishop being weary of speaking much , looked to one of his Presbyters , whom that Pamphlet in derision , calls , a worthy Doctor : who said , He found the ancient writings were so clear for a disparity among Church-men , and so full of it , that he was assured none could doubt it , after he had looked but overly upon them : But as to what was alledged , he first assumed the five particulars , and spoke to them in order . To the first , he said , It was true , the term Archbishop , was not used in the first Centuries ▪ but in the Council of Nice , mention is not only made of Metropolitans ; but the Canon saith of them , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , let the ancient customs have their force : which shews the superiority of Metropolitans to have been pretty early begun . And the Canon that was cited , calling him , Primae Sedis Episcopum , makes him Primate : now we are not to contend about words , when the thing is clear : neither will ●any Archbishop judg himself injured , if instead of that name , he be called Metropolitan , or Primate . Besides , Archiepiscopus , doth not import Prince of the Bishops ; but that he is the chief and first of them . And this prefixing of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , was not so odious : for Nazianzen calls a Bishop 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and the Areopagite 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . For the second particular , it is true , Bishops were in many places very thick set ; for in S. Augustin ' s time it appears from the journals of a Conference he had with the Donati●ts , that there were about 500. Bishopricks in a small tract of ground , but this was not universal : for Theodoret tells he had 800. Parishes in his Diocese : and Sozomen tells of great Countries where there were very few Bishops . And to prove this , the Canons of Ancyra make a difference betwixt the Presbyters of the Country from those of the City : and over the former there was a Chorepiscopus ; which sh●ws that the whole Diocese was not within the City . But this was not much to our purpose , since the more or the less did not vary the kind . And if a Bishop might be over the Ministers of the City , it cannot be unlawful that he be likewise set over more in the Country : which can be no more essential to this matter , than it is , whether a Parish be great or small . So that this difference may well make the one unexpedient , but unlawful it cannot be , if the other be lawful . For the third particular , there was a Canon of the Council of Nice , that there might be but one Bishop in a City . And he was amazed to hear the instance of S. Augustin alledged , who was indeed ordained Coadjutor to Valerius ; but himself in his I 10. Epist. condemns that , telling that he did it ignorantly , not knowing it to be contrary to the Nicene Rules : And therefore he tells how he designed Eradius to be his Successor , but would not ordain him in his own time , because of that Canon . Other instances of more Bishops in one City , might have be●● more pertinently adduced to this purpose : but they were either Coadjutors , such as Nazianzen the son was to his father , or it was agreed to for setling a Schism , as was done in the Schism betwixt Meletius and Paulinus of Antioch . And so S. Augustin and the African Bishops with him , offered to the Donatists , that would they agree with them , these schismatical Bishops should be continued as conjunct Bishops with those already setled in those Sees where th●y lived . It is true , some will have both Linus and Clemens to have succeeded S. Peter at Rome , and Evodius and Ignatius ●o have succeeded him at Antioch : But for this , none assert that both succeeded to S. Peter ; some being for one , and some for another : and so in a historical matter , the testimonies of these who lived nearest that time should decide the question . But the Constitutions of Clemens offer a solution to this , that at first there were in some Cities two Churches , one for those of the Circumcision , and another for those of the Uncircumcision : and after the destruction of Jerusalem , this distinction was swallowed up . This is rational , and not without ground in Scripture : besides , that that Book , though none of Clements , yet is ancient . And from all this it was clear , that there might be but one Bishop in a City . As for the fourth particular , it is true , the ancient elections of Bishops and Presbyters were partly by Synods , partly by Presbyters , and partly popular . But as none would say it made any essential alteration of the Constitution of a Church , if instead of these elections , Patrons had now a right of presenting to Churches ; so though instead of these elections the King were Patron of all the Bishopricks , it did not alter the nature of Episcopacy , much less justifie a Schism against it . But beside this , it was known the Capitular elections were still continued . And for the fifth particular , he desired they might give one instance in all Antiquity , where a Bishop was censured by Presbyters : it being clear that they could finish nothing without the Bishops sentence , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , was the words of the Canon : And if they could finish nothing without the Bishop , much less could they censure himself . Provincial Synods were begun in the second Century , which appears from many Synods were held about the day of observing Easter . Another expedient they had , when a Bishop was heretical , that the neighboring Bishops used to publish it in their Cicular Letters , which went around , and so they did excommunicate or d●pose them . But the regular way of procedure against Bishops was in Provincial Synods , which were now offered to be se● up . Yet even this exception could be no ground for separating , no more than in their principles Lay Elders had to separate from their Ministers , who were their fixed President , and yet did not judge themselves censurable by these Lay Elders ; tho as to the power of ruling , they held them to be equal . With this he ended , saying , He had now proposed what occurred of a sudden to his tho ughts on these heads , though he believed much more might be adduced ; but he supposed there was enough said to clear these particulars . And it seems the Person who had engaged him to this , judged so ; since neither he , nor any of his brethren , offered a reply . And by this account ( of the truth whereof I am willing all there present bear witness ) let the company judge of the ingenuity of these Writers . But I shall pursue the discourse of the accommodation no further . Basil. I am sure it hath left this conviction on all our Consciences , that that Party is obstinately fixed to their own humors , without the least color of reason . But now , I think , enough is said for justifying both the lawfulness and usefulness of Episcopacy , and that there is nothing in it contrary either to the nature or rules of the Gospel , or of right Reason . And for any occasional evils may have risen from the restitution of this Government , they are with no justice to be fastened on it . I know , many accuse their revenues and honors , thus the spirit that is in us lusteth to ' envy : and the eyes of many are evil , because the eyes of our pious Progenitors were good . But indeed the ravenous Appetites of some Ostriches among us , have swallowed down so much of the Churches Patrimony , that what remains of it , can scarce provoke envy . And truly Churchmen bestowing their Revenues well , for Alms-deeds , relieving the Widows and Orphans , and such modest hospitality and decency , as may preserve them from the disesteem of the vulgar , who measure their value of men much from these externals , there were no ground of quarrelling at them were their riches seven-fold increased . I am far from the thoughts of patronizing the German Bishops , on whom I look as the disgrace of that Order , who live in all things like other Princes , making Wars , and leading out Armies : nor do they once consider their Dioceses , or what they owe them as Bishops , being wholly immersed in secular affairs . But for all this , I cannot see cause for blaming Churchmen , their being either upon the publick Councils of the Kingdom in Parliaments , or on His Majesties Secret Councils , and that both because Ecclesiastical matters are often in agitation , both in the one , and the other , in which none are so properly to be advised with as Churchmen . Occasion may also be frequently given to those who should be presupposed to understand the rules of equity and conscience best , to lay them before others , who either know them not , or mind them too little . And finally , they are Subjects , as well as others , and by the clearness is to be expected in their Judgments , and the calmness of their minds , together with their abstracted and contemplative manner of life , they may upon occasions be very prudent Counsellors : And why a Prince shall be deprived of the Councils of that which should be the wisest and best part of his Kingdom , no reason can be given . But for all this , I acknowledge there is great hazard from humane Infirmity , lest by such medling they be too much intangled in matters extrinsick to them , whereby their thoughts may be drawn out from that inward , serene , and abstracted temper wherein their minds should be preserved ; both for more spiritual Contemplation , and for a more close pursuing the work of the Gospel , which ought still to be their chief labor . But I must touch this string no more , lest you say that the Fox preacheth , and methinks our discourse is now near its period . Isot. A great many things do yet remain which are untouched , and deserve to be better considered : for these crude Dialogues poured out a great deal of stuff , which it is like the writer never examined : And in these , you who are his friends , must either vindicate him , or leave him to the mercy of every severe censurer . Eud. His temper is well enough known to us , that he is very little sollicitous about the esteem or censures of men : and therefore , if all the particulars in his Book , cannot maintain themselves to the judgments of rational and unprepossessed Readers , he thinks them not worthy of his Patrociny . And for that little trifling way of writing , by tracing every word in a Book , or of making good all a man hath said , it is a task equally mean , unpleasant , and laborious : and looks like one contending for victory more than truth . Were it a worthy thing for us to go and reckon how often and comes about in any of that Pamphleteers long periods , or how often he writes false Grammar , how harsh his Phrases , and how tedious his Periods are ? or make other such like remarks : Alas , did we that , there were no end ! and yet such like are many of his reflections . But then how beautiful were our discourse , if interwoven with those elegancies of poor wretch , babler , impertinent , confident , ignorant , atheist , scoffer , and many more of that same strain ? I know well enough why he used those , his design being to make his gentle and simple Readers stand gravely , and turn up the white , and look pale , and affrighted with all those black Imputations he charges on that poor wretch . Methinks I hear the censures of the herd , when they first read over his Book , to this purpose : Oh , here is a worthy piece , full of deep learning ; and believe me , he speaks home : he is a sweet man that wrote it , be he who he will , and was marvellously born through in it all . And oh , but it is seasonable ! and well t●ned : for he hath answered the whole Book to a word . And where we thought it str●ngest , he sh●ws its weakness most . But I wish the poor wretch r●pentance , yet it is a proud Companion , and full of disdain ; but I hope he is humbled for once : it were a pity of him , for they say he hath some abilities : but they are all wrong set : and he will , may be , study to heal the beast of the wound , which one of our Champions hath given it ; but had he any sparks of grace , I could yet love him for his good — sake . It were a worthy attempt to go and satisfie such a gang of Cattle : therefore the cavils on the fifth and sixth Dialogue are so poor , that it were lost time to consider them ; and so groundless , that he who from reading over the Dialogues themselves , is not able to withstand all those tricks of Sophistry , would be little bettered by all we could add : and therefore we may well quit the Theme , and that the rather , that we have examined all that is of publick concern in these debates : and for any thing that was started , which lies out of the way , we will leave the discussing of these to the Conformist himself ; since our design in this Conference was to get mutual satisfaction to our Consciences , in these things which the Laws enjoin : and if we have gained this , we are to leave contending about other things , which relate not to us . Only if in these greater points it be found that what the Conformist said in the Dialogues , was grounded on so much clear and strong reason , as we have discovered since our first meeting ; it is to be presumed that in other things he was not so rash or irrational as to utter such absurdities or errors , as the late Pamphlets do charge upon him . Phil. Our work was to consider , whether absolute subjection was due to the Civil Authority , and how far its dominion over our obedience did reach , and whether the Principles and Practices of the late times , had such evident characters of GOD's acceptance on them , that it was an unpardonable crime to reverse that building , which they prepared with so much noise , and cemented with so much blood ; and by consequence whether Episcopacy was that accursed thing which provoked GOD's Jealousie so much against us , that it was unlawful to unite with it , or so far to comply with its adherents as to unite with them in Worship ? If these things be made clear to us , we need not amuse our selves , nor entertain one another with farther janglings , and therefore may break off our Conference . Isot. Since you will break off , I shall not struggle about it : for it is a confession of your weakness , that you pass over so many things with this slight silence . Basil. This is the genuine Spirit of the party which you now express to the life ; but when ever the Author of the Dialogues undergoes the penance of examining what you desire , it will perhaps appear , you have as little ground for this as for your other boasting . But I am sure no scruple sticks with me about these great heads we have examined , so that upon a narrow survey of these matters , it appears he had more reason for what he asserted , than he then vented : And I have as little doubt of his being able to clear himself about other matters , which are snarled at by these Pamphlets . But one thing I have not forgot , about which I am more sollicitous : which was a promise Polyhistor made of sending when our Conference were ended , an account of the model and forms of the ancient Government : which I desire with such earnestness , that I wish we we●e gone , that he might be as good as his word . Poly. I know not if it shall answer your hopes , but your curiosity shall be quickly satisfied , after I have given you some account of my design in it . When I considered the ruines of Religion , and the decays of Piety through the World , I have often bent my thoughts to seek out the most proper remedies and means for the Churches recovery : and that which seemed the most promising , was to consider the constitution , the rites and forms of the Ch●rch in her first and purest ages ; and to observe the steps of their dec●ning from the primitive simplicity and purity , which being once fully done , great materials would be the●eby congested for many use●ul thoughts , and overtures in order to a Reformation . And this is a work , which for all the accurate enquiries this age hath produced , is not yet performed to any degree of perfection , or ingenuity : therefore I resolved to pursue this design as much as my leisure and other avocations could allow of . But as I was doubtful what method to follow in digesting my observations , the Canons vulgarly called Apostolical , offered themselves to my thoughts : I thereupon resolved to follow their tract , and to compile such hints as I could gather on my way for giving a clear view of the state of the Church in the first ages . As for the opinions of the ancient Fathers , these have been so copiously examined by the Writers of Controversies , that scarce any thing can be added to those who went before us : bet few have been at such pains for searching into their practices , and rules for Discipline , and Worship , wherein their excellency and strength lay . In this inquiry I have now made good advances , but at present I will only send you my Observations on the two first Canons : and as you shall find this task hath suc●eeded with me , I will be encouraged to break it off , or to pursue it farther . Only on the way , let me tell you , that I am so far from thinking these Canons , Apostolical , that nothing can be more evid●nt , than that they were a collection made in the Third Century at soonest : for the matter of almost every Canon discovers this when well examined , and therefore that Epistle of Zephir●us the Pope , who lived about the year 20 , that mentions ●●●or as others cite it 70. ) of the Apostles sayings , is not to be consider'd : that Epistle with the other Decretals , being so manifestly spurious , that it cannot be doubted by any who reads them : and the number sixty agrees with no Edition ; for they are either fifty or 85. Tertullian is also cited for them , but the words cited as his , are not in his Book contra Praxeam , from which they are vouched . Nor can they be called the work of Clemens Romanus , though they were vented under his name . For Athanasius in his Synopsis , reckons the work of Clemens Apocryphal . And Eusebius tells us that nothing ascribed to Clement was held genuine , but his Epistle to the Corinthians . But the first Publishers of these who lived , it is like in the Third Century , have called them Apostolical , as containing the earliest rules which the Apostolical men had introduced in the Church . And afterwards others to conciliate more veneration for them , cal led them the Canons of the Apostles , compiled by Clement . And this drew Pope Gelasius's censure on them , by which the Book of the Canons of the Apostles is declared Apocryphal : which some who assert their authority and antiquity , would foolishly evite , by applying that censure only to the 35. added Canons : whereas the censure is simply passed on the Book , and not on any additions to it . And this shall serve for an Introduction to the Papers I will send you how soon I get home . Phil. I doubt not but all of us , except Isotimus , will be very desirous to understand the particular forms of the Primitive Church : but he is so sure , that they will conclude against him , that I believe he is not very curious of any such discovery . Isot. You are mistaken , for I doubt not , but much will be found among the Ancients for me ; but if otherwise , I will lead you a step higher , to let you see that from the beginning it was not so : For Antiquity , when against Scripture , proves only the error ancient . And if you quit the Scriptures to us , we will yield those musty Records to you . Eud. Pray , speak not so confidently , after all your pretences have been so baffled , that we are ashamed of you : for you are like the Spaniard , who retained his supercilious Looks and Gate , when he was set to beg . But I will not be rude in a place which owns me for its Master , though really your confidence extorts it . Isot. You are a proud company , and so elevated in your own eyes , that you despise all who differ from you , and think you censure them gently , if you call them no worse than ignorants and fools . Is there any arrogance in the World like this ? Phil. Pray , let us not fall out , now that we are to part : but I confess it is no wonder the smart of all the foils you have got , provoke some passion in you , and so I pity you ; for I know none of your Party who would have carried so discreetly . Therefore , Adieu , I must be gone , and leave this good company . Isot. You will have the last word of scolding , but I perhaps will find out one that will be too hard for you all , and will call you to account of all you have both argued and boasted . Basil. I will break of● next , since the design of your meeting is finished : only , Polyhistor , mind your promise . Poly. I go about it , and therefore , Eudannon , I beg your pardon to be gone . Eud. Though Retirement and Solitude be ever acceptable to me , yet it will not be without some pain that I return to it , when I miss so much good company , as have relieved me these four days : but the truth is , on the other hand , I am glad to see an end put to this painful Eng●gement of which I suppose we are all weary . It remains only that I return you my sincere and hearty thanks for the favor you have done me , which I wish I could do so warmly ▪ as might engage you frequently to oblige me with the like civilities . Adieu , my good friends . FINIS . 
A48055	----	A letter from Edinburgh, containing a true and perfite relation of all the passages and proceedings of the late army, raised in Scotland by order of Parliament: for the prosecuting of the ends of the League and Covenant, concerning religion, libertie, and His Majesties lawfull authority, by the well-affected subjects of that kingdom, showing the progresse thereof, from the beginning of the engagement: unto the end of that unfortunate expedition. Written by an eye-witness, who was both an actor, and inspector of all mens carriages, in the march untill the deroute of the army. To a friend at London, for the better information of all those who desire to know the plain truth. Eye witness. This text is an enriched version of the TCP digital transcription A48055 of text R219251 in the English Short Title Catalog (Wing L1462). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 46 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A48055 Wing L1462 ESTC R219251 99830746 99830746 35200 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A48055) Transcribed from: (Early English Books Online ; image set 35200) Images scanned from microfilm: (Early English books, 1641-1700 ; 2092:20) A letter from Edinburgh, containing a true and perfite relation of all the passages and proceedings of the late army, raised in Scotland by order of Parliament: for the prosecuting of the ends of the League and Covenant, concerning religion, libertie, and His Majesties lawfull authority, by the well-affected subjects of that kingdom, showing the progresse thereof, from the beginning of the engagement: unto the end of that unfortunate expedition. Written by an eye-witness, who was both an actor, and inspector of all mens carriages, in the march untill the deroute of the army. To a friend at London, for the better information of all those who desire to know the plain truth. Eye witness. [24] p. s.n.], [Edinburgh : Printed 12 of November, 1648. Place of publication from Wing. Signatures: A-F² . Last page blank. Reproduction of the original in the Edinburgh University Library. eng Scotland. -- Army -- History -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A48055 R219251 (Wing L1462). civilwar no A letter from Edinburgh, containing a true and perfite relation of all the passages and proceedings of the late army, raised in Scotland; by Eye-witness 1648 8838 2 0 0 0 0 0 2 B The rate of 2 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2006-11 TCP Assigned for keying and markup 2006-11 Aptara Keyed and coded from ProQuest page images 2007-01 Celeste Ng Sampled and proofread 2007-01 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion A LETTER FROM EDINBURGH , Containing a true and perfite Relation of all the Passages and Proceedings of the late Army , raised in Scotland ; By order of Parliament : for the Prosecuting of the Ends of the League and Covenant , concerning Religion , Libertie , and His Majesties Lawfull Authority , by the Well-affected Subjects of that Kingdom , Showing the Progresse thereof , from the beginning of the Engagement : unto the end of that unfortunate Expedition . Written by an Eye-witnes , who was both an Actor , and Inspector of all Mens Carriages , in the march untill the Deroute of the Army . To a Friend at London , for the better Information of all those who desire to know the plain Truth . Printed 12 of November , 1648. SIR , BEeing now by the providence of God , got out of the reach of rigour , and fearing neither the doggednesse of a Iaylour nor the Voyage of Barbadoes ; but Enjoying the freedome of my former life , and the companie of my Friends , knowing also how great a desire you have to hear of me , both in my own particular Fortune , and Successe of that late Unfortunate Army in the North , I acknowledge my self bound in duety to Satisfie your longing , and give you a true and perfite Relation of the Progresse and Event of that Expedition , But shall remit the Story of mine own Adventures and return , unto another occasion , it beeing but of small moment , and the other so necessary to be known of every one who loves Truth , of which I may freely say ; I can tell as much as any private Person that was in the Journey , for beeing an Eye-witnes and Actor from the first Levying of the Troupes , unto the day of the Desaster , and having haunted the Chief Commanders for my better Information of what past in the Army , I can the more assuredly give you an exact accompt of the most Materiall Passages in that Expedition , Wherein I protest before God , I shall strip my self of all Passion and Partialitie , for the discharge of my Conscience ; and defence of the Truth , to give you this free and following Narration , Whatsoever malice may perhaps have blown abroad to Poyson the Seduced people with misreports . I shall not here insist upon the opposition made in the Parliament of Scotland against the Levie , nor the Jealousie that possest some , in the choice of the Commanders , as perhaps beeing men who had their own ends , or aspired to that Domination which others had long Vsurped , and would be loath to lay down again , both parties still pretending the keeping of the Covenant , and that Jealousie was Fomented by the Ministrie , which every day preached against the Engagement , There was also a Partie , which not siding with any of the other two , pressed the calling home of the Prince , so to decide all differences , & prevent heart-burning in the point of Command , at which time also a black cloud in the West did threaten a Deludge to destroy the good designe , but that was soon Dissipate by the wisedome and valour of the Earle of Calander , Leivetenant Generall of the Army , and Middleton Leivetenant Generall of the Horse at Machlinmoore , by order from the Lord Duke Hamilton . And not long after His Grace receaved order from the Committee of Estates , to march speedily to the English border , for securing of Carlile , and opposing of Major Generall Lambert , mean while all the strong holds of the Kingdom as Edinburgh , Sterling , Dumbarton , and the rest were yet in the hands of the well-affected Partie , ( as was supposed ) or might have been easily secured , But what difficulties were made concerning the Forces in Ireland , led by Generall Major George Monro , for the finding of moneyes to pay and transport them , it beeing resolved they should be under the Command of the Earle of Crawford Lindsay Treasurer , I need not to relate , and therefore to begin my Journall , take it thus . About the beginning of July , His Grace appointed a Rendevous at Annan ; where the small number that resorted at first made us stay some few dayes . Upon the 8 We entered England , and quartered that night at Rokliff , the next day the Army marched by Carlile , and quartered at Thursby , there the Generall receiving the keyes of the Town , and Castle , from Sir Philip Musgrave , went up into the Castle , and gave order our ammunition should be left there , though the custody of both was still in the hands of the English , for some few dayes , which showed how great confidence he had in them , at Thursby diverse horse and foot of ours came unto us and we heard that some , both horse and foot were come over out of Ireland , landed in Galloway ; and marching toward Dumfries , there also we saw Sir Marmaduck Langdalls foot , and one Troup of horse , which were all proper men , Generall Major Lambert was then at Penreth , toward which upon Fryday the 14 we advanced , but were benighted & came short 2 or 3 miles , yet having got two horsemen prisoners , discovered the Enemy , and so posing our guards it beeing very late , we quartered there . Next morning early our Cavalrie advanced ( the weather beeing very rainie ) and the foot following , found that Lambert with his Forces was retired that night towards Appleby ( in which Castle he had a garison , ) our intention was to overtake his Rear , but we were informed that they were for certain at Appleby , before we were two miles past Penreth , Which made us stay and quarter there that night , and the next day which was Sunday , upou Moonday setting forward toward Appleby with our horse , We discovered a body of Lamberts Cavalrie , which being prest upon by some of ours , was forced to retire within the barricade near unto the bridge at Appleby , which our folks could not force for want of the foot , whom the rain and waters did extreamlie hinder in their march ; the Enemy having his foot at the barricade neither could our horse passe the River to reach Lamberts Army which was on the other side , by reason of the great inundation through excessive raines , in the evening some few foot came up to us , and we endeavouring to gain the Bridge were prevented by night , some few of each side beeing killed and hurt , amongst whom Colonell Harison of theirs was wounded , and the Earle of Calander receaved a musquet shot upon his left side , that night our Cavalrie remained on the fields , and Sir Marmaduck Langdalls foot came up , but ours stayed at Kirby-Thure , that same night also Lambert marched over Stain-moore . Leaving yet a garison in Appleby Castle , before which Sir Marmaduck with his foot , lay down till the Surrender thereof , during which time , Sir Thomas Tilsley had a Commission given him , for the raising of Forces in Lancashire , out of Furnis , and their-abouts , the next day the Duke sent back freely a Lievetenant to Lambert who had been taken the day before , and disposing the horse into severall quarters we stayed there a fortnight waiting for our Cannon ammunition and meall , while we stayed at Kirby-Thure , it was much prest that the Irish Forces might joyn with us , and the Cannon be left behind which was not verie considerable beeing but 4 six pound balls , and 2 twelve , in the Counsell of warre also it was debated whither the Army should march into Yorkshire , to follow Lambert , or through Lancashire , which was a plentifull Country , and into which our ammunition might with greater safety come unto us , the other being wasted and spoiled by the Enemy , at last it was resolved to march into Lancashire , it was likewise propounded to put the Kingdom of Scotland in a Posture of defence , by raising of an Army to be commanded by the Earle of Lanrick . From Kirby-Thure we marched in two dayes to Kendall , where Generall Major George Monro a valiant and worthie commander ( whose courage and conduct in the warres of Ireland , have with credit gained him an honourable name , ) came unto us , and the Duke was again desired those Forces from Ireland might joyn with us , but what answer or order was given to Monro , himself best knowes , howsoever he returned to his own Forces , and we marched from Kendall to Hornby in Lancashire , and there again upon debate of the quartering of the horse , which was extreamly straited , it was ordained they should march under the command of the Earle of Calander and Middleton , leaving two brigades of horse , and the Dukes own leiff-guard to remain with him , upon the rear of the Foot : and the Irish Forces , with Monro , were again urged to be joyned with the Army , by showing what danger they might incurre , He marching by the Enemies garisons and from Skipton , if they should fall in betwixt him and us , which was of more consequence then the leaving of the Cannon , We having found the wickednes of the way so troublesome for carriages , that night the Cavalrie past by the Town of Lancaster , and quartered at Garstang , which was upon the 13 of August , the next morning , I saw his Grace , and the Earle of Calander , upon a hill , near Lancaster , into which he had sent Sir Thomas Tilsleys folk who were playing with their Musquets upon the Castle , and after conference , the Earle of Calander returned to his quarter at Garstang . Upon the 15 Sir Marmaduck Langdall , gave notice to Calander and Middleton who were then quartered at Blackburn of the Enemies advancing toward Skipton , and to the Duke also , as Calander likewise did , whereupon the next morning Calander and Middleton , meeting with Sir Marmaduck , at the Earle Marshalls quarter , some 5 or 6 miles above Preston , he confirmed the intelligence of the Enemies advance , and desired quarters nearer Preston , which was granted , and order given to the Lord Levingston to remove his brigade , as he did , drawing into a field , where the foot was thought to have been , as was concluded before at Hornby , that night Middleton returned to Blackburn , and Calander going to finde the Duke , whom he supposed to be at Preston according as was resolved , by the way was informed that he was 3 miles short of it , and quartered at Broughtoun with the foot , which should have been a Preston that night , which fault was the main ground of all our misfortune , at last Calander comming to the Dukes quarter late , shew him of Sir Marmaducks drawing nearer Preston , and of the order given to those Regiments of the Lord Levingstouns Brigade to do the like , and how his Grace was expected there with the Army , seeing the safety thereof , depended wholly thereupon , the horse being quartered on the other side , toward Whiggin ( except those two brigades , were left with him , ) the Duke answered that he could not get carriages for the ammunition , Calander told him of the enemies advancing , & that some of them had been seen among their friends , as also by some Parties of Horse who were sent out to discover , the Duke confest he had notice of it , but is was then late , and they should speak of it to morrow , But whither that securitie proceeded from a confidence , or weaknes , in a Generall God knowes . Next morning Calander comming to him , asked where the Armie was , he answered that they marched timely in the morning , and he thought by that time they were the length of Preston ; ( where they should have been the day before ) afterward Calander asked him where were these two brigades of horse which were left with him , he said hee had given them no orders , and that they were still lying in their quarters , not having sent any ordinance Ruyters to receave order , Whereupon I heard Calander say , he much admired his Grace had caused the Foot to march , and not sent order expresse to the horse which marched with him , though they had been wanting in that point , Seeing his own safety and the Armies , was so deeply interest into it , and immediatly Calander sent two expresse ( least the Enemy should fall in betwixt them , as they did : ) with orders to those brigades , to march to Preston , and joyn with the foot , which nevertheles , they could not , after breakfast the Duke called for his horse , it beeing about nine a-clock , and as he was going to get up , Sir Marmaduck came , where I heard Calander say , your Grace is too far from your Army , get on before he light , which he did , & so they saluted on horse-back riding towards the Army , within twice twelve score , one came and told Sir Marmaduck , that the Enemy was falling upon his rear , ( you must know that he had still marched upon our left hand , from his quartering at Settle and Sigelswyk ) and thereupon they all fell a galloping , untill they came near Preston , to the entry of the lane upon the end of the moore , where they found Leivetenant Generall Baylie , with the Foot , drawn up in battle , and all the baggage by him , yet a little before we came to the foot , we were told it was but a mistake , though shortly after the Enemy did appear , and fell a skirmishing with Sir Marmaducks rear , when Calander Baylie and Colonell Turner comming to the Duke , after some discourse amongst them , order was given to the Foot to passe the bridge , some of the Enemies horse showing themselves upon the heath on our left hand . Then the Earle of Calander desired the Duke to send for Middleton with the Cavalrie , and whilst the foot were marching , the Duke thought fit to leave three brigades upon the moore to favour Sir Marmaducks retreat , which Calander desired his Grace to consider , and that commanded musquetiers would be better in those narrow lanes , whereof the best both of Officers & Souldiours might be piked out , and so they were and Calander commanded out 500 Musquetiers to line the hedges and 600 more further down towards the end of the bridge , ( if the enemies horses should advance ) and a brigade consisting of the Earle of Roxburghs regiment , and Colonell Tours to favour Sir Marmaducks retreat , on the other hand two parties of Horse were commanded out of those few troupes we had to discover the enemies advance which left but few remaining , by reason of a partie had been sent to Sir Marmaduck at his own desire , the two brigades not beeing come up , for the Lord Levingstouns brigade being prest by the enemy had past the water marching down on the other side towards Preston bridge , where he came about two of the clock in the after-noon , and having sent before to receave orders the Duke commanded one Glasse who did the duety of Quarter-master Generall , to give out quarters for his brigade in such Towns as he named , and that after sight of the billet hee should march to his quarter , there was likewise , afterward another hundred commanded which the Earle of Calander desired might stay untill they saw whether the enemy did advance toward the moore , in regard there were so few horse there ( the word and sign beeing then given ) but seeing none advanced , that hundred horse with the same officers was sent to Sir Marmaduck , besides 200 musquetiers which had been sent before ; though undemanded of him , but the Scots foot and baggage were so long in marching and passing the narrow lane and bridge as spent much time , and ammunition , Sir Marmaduck sending twice or thrice for supplie of ammunition which he had , the Duke remained still on the head of those few horse never visiting Sir Marmaducks post , but Calander riding to and again , betwixt the horse and foot where the most eminent danger did appear , went up to Sir Marmaduck to know what he wanted ( though he had no interest in his Army ) the other thanked him kindly and desired to know if the whole Army was past , Calander told him it was very near , Whereupon Sir Marmaduck entreated him that he might know of it and Calander assured him he should do it , thereafter it was my fortune to be near the Duke , when Calander came to him , his Grace asked where he had been , and why he did not stay upon the head of the horse , he answered that he did not conceive the greatest danger to be there in regard the enemies horse did not advance . But let me here stay a little , while the foot and baggage are passing the bridge to consider the reasons given for this Resolution , our Cavalrie being far distant , and the enemie according to Sir Marmaducks intelligence , beeing said to have divided his Forces , whereof some part was marched toward Colne & Manchester , was it not likelie that Sir Marmaduck was able to deall with them having betwixt 3 and 4 thousand foot , and 7 or 8 hundred horse , with the assistance of some of our horse which was marching towards us ? Or say , was it fit to expose our foot having no horse but a handfull to the enemies whole Cavalrie and Foot , Upon a flat campagne or moore if his intelligence was false ? His Graces great judgement and long experience ( having been twice before a Generall , by sea and land , at home and abroad ; together with his earnest desire of that command , notwithstanding the advice of his friends to the contrary , and the jealousie that possessed all men of him , which rather kindled then quenche the fire of his high spiritfull of his own sufficiency ) was no question capable to weigh any counsell in the scales of Reason , whether it were of valour to be taken or not , and therefore I may say in all freedome who ever gave it , was no raw nor fresh-water souldiour , however the end proved , and now the foot and baggage beeing almost past the bridge , the Earle of Calander drew the Troupes nearer unto it within the lane , where he and Colonell Turner ( I fortuned to be with them for the time also ) riding back to the Townes end of Preston toward the bridge , we found a Troup returning from thence upon sight of us , whereat we wondered untill by their armes and sign , ( which was a green bough ) We perceaved them to be enemy ( for ours was white ) Whereupon the Earle of Calander called to the Musquetiers to give fire , which though they did not upon the order , yet the Enemy hearing retreated within the lane , and himself advancing gave fire with his pistoll upon them and they faced about , So he and I parted about this time I was informed that Captain Watsone who commanded the Dukes lieff-guard of horse doth affirm that he beeing on Prestoun-moore perceiving the enemies horse to be drawing out of an narrow lane into the moore where they stood , he went to his Grace who was close by and shew him of it beseeching him to give them leave to charge the enemy before they should be in order , hoping with that advantage , to give him an accompt of them , but contrair to his expectation the Duke in passion commanded him not to loose a pistoll upon no pretext whatsoever , I riding afterward towards the bridge , heard a great noise behind me , the enemy turning again toward the Town and all our people running , comming near I found some stragglers and baggage horse , and after a little while Calander came alone , his horse much spent & wearied , who gave presently order to Rally these stragglers and rode himself and brought Kelheads Regiment of foot which was upon the rear and said the musquetiers into some dry ditches near the bridge , the pikes he placed in the most Advantageous ground , the enemy advanced presently but our men giving fire upon them they retired again to pursue the rest of our people , who had quited their ground , We not having any Horse and Baylie beeing with the foot upon a hill , half a mile distant from the bridge on the other side of the water , then came one to the Earle of Calander telling him that the enemy was passing the River , below the bridge at a Church , whereupon giving order to Kelhead to make good that post , promising to supplie him with fresh men , if it were needfull : and having sent before to Baylie for 300 musquetiers he met them by the way as he was going to the Church and sent Leivetenant Colonell Halst with one hundred and fresh ammunition to the bridge , another hundred he left upon a little hill betwixt the bridge and the Army , and the third he took along to the Church where it was said that the enemy was passing , where beeing come he found no such thing , then leaving some to man the Church-yard he and Colonell Turner , came back and heard that they were passing above which made them rerire to the Leagger where they met the Duke ( who told them how narrowly he had escaped , and almost been taken prisoner , in the Town of Preston ) and there they were again told of the Enemies passing above , the Earle of Calander presently called fo● horse , it was long before any came : And these few only of the Lord Kenmoores , with which he drew down to the bridge to second the foot , but the third time beeing advertised that they were passing above the bridge , he drew towards the place , and sending out three horsemen before , followed with the rest , till on the way those three returning told him there was no such matter , but only some of our own stragglers passing which were routed on the other side , and comming back toward the bridge : he found that the enemy had forced it after a long and hard dispute through the advantage of the ground and cover of houses and hedges , whereas on our side it was very low and no shelter at all , and was pursuing of our folks toward the Leagger , which made him cause a house bee set on fire in their way a little below the Leagger , about a musquet shot , The day being near spent a small party of the enemy passing by the second bridge followed up the hill within a lane where the Duke , Calander , Baylie , and many other Officers were standing on the other side of the hedge within the foot Leagger , the musquetiers having order to give fire , they presently retreated but we had no horse to follow ; Kennioores Regiment beeing retired behind the foot , then a counsell was called , where the Duke , Calander , Baylie , Colonell Turner , the Earle of Dumfries , the Lord Bargeny , and many other Officers were ( Sir Lewis Dives was there likewise ) there Calander enclyned to retire to a moore on this side of Wiggan , where we might expect our horse and attend the enemy to fight them . But afterwards upon some consideration finding the impossibility of transporting the ammunition hee altered his opinion ( as I heard ) and though the most part of the Votes run in that strain yet he upon more mature deliberation , disassented from it , protesting he would bear no blame if things did not succeed according to his wish and reall intention . The Duke replyed it was concluded and too late to oppose , giving order to the Regiments to send for as much ammunition as they pleased , and that Calander should march presently with those few horse they had then there toward Standish-moore , the night beeing very dark , and the lanes narrow and deep , a Regiment of foot which was advanced before the horse Rencountring , some of our own horse who had been quartered with Middleton ( and by some of the foot stragglers were supposed to be enemy ; upon whom they gave fire ) took the alarm so hot that many quited their armes , Whereupon Calander advanced and found them to be our own , so he marched on to the moore where he halted till it was day , ( that night we left our ammunition ) but before that it was day the Duke had past through the Troupes and was gone to Wiggan , where Calander and the Earle of Traquair went to him there he asking for Middleton , they told him they had no notice of him but that he was marched towards Preston , and was in the Rear , and that the foot were advancing into the moore , showing also how necessary his presence was to encourage the Souldiours after so ill fortune and hard marches as they had , Then he desired Calander to draw them all up in battell upon the moore : & he would follow , which was straightway done , & after some time the Duke came , Leivetenant Generall Middleton according to his order advancing toward Preston , and not finding the Army retired after them , and the enemy falling upon his rear he repulsed them diverse times , and forced them to give back , carrying himself most bravely like a gallant man , and wise commander , and came to the moore about ten a-clock , where he found the foot , and those horse they had with them drawn up , the Marques of Argyles Regiment and the dragoons were placed at the entry of the moore to favour his retreat , and staying there till two a-clock some small parties of the enemy skirmishing , it was resolved to march , the body of the horse first leavying upon the rear of the foot , Generall Major Vandrosk , Leivetenant Colonell Iames Innes , and Leivetenant Colonell David Lindsay with some troupes of horse , together with Argyles Regiment of foot , and Colonell Mills few dragoons , in this order the Army marched , and the Earle of Calandar , Middleton , Baylie , and Turner , stayed upon the moore , untill the most of them were marched into the lane , Middleton then advancing to the horse , Calander remained till the whole rear of the foot was entred the lane , at which time hee had notice given him of the enemies advancing upon the right hand to fall in betwixt the horse and foot , between there & Wiggan , upon the advertisment he advanced to know the certainty , but it proved false in regard of some marish ground , and no appearance of Enemy there , afterward comming to Wiggan hee found the Duke , ( of whom he went to receave orders ) at the further end of the Town marching with the horse , but by the straitnes of the lane and narrownes of the bridge , together with the deepnes of the way , many of the foot which was extreamly wearied having before suffered hugely in the want of victuals was lost , and the horse were a long time in passing the water , so as night drew on when Middleton hearing of the enemy upon the Rear went back and there the Officers of the commanded Troupes of horse behaving themselves like brave men were most hurt and taken . The Duke sending for Calander told him hee should do well to march on with the Cavalrie to Warringtoun , where there was a passe and bridge of which he much feared the Enemy should possesse themselves , and so bring the Army into great inconveniences , a little after as he was marching , the Duke sent him word he would yet speak with him so he let the Troupes march on forward thorow the narrow lanes , ( it beeing moon-light ) and stayed till the Duke and Sir Marmaduck came up to him , there the Duke again showed him his apprehension of the Enemies seazing upon that passe from the neighbour Garisons , willing him to march without ever halting untill he had made himself master of the same , Calander forth-with sending a Partie before to discover the Enemy , and save the stragglers , from plundering by reason of the night , ( some of Sir Marmaducks and our● also being gone out before ) when we were within a mile of Warrington , we heard that the Enemy had taken in the Bridge , but upon the advance of our fore-troupes had again quited and was run away , before we entered the Town , the Duke and Sir Marmaduck came up , and there lighting his Grace sent order to Leivetenant Generall Middleton , & Baylie , to advance thither , seeing the next day they were to march to White-Church ; and so for the Peak , Calander gave order for the Horse to Rendevous the next morning at the bridge , the most part beeing quartered on the other side , but betimes newes was brought that the Enemy had routed the Foot , though the Generall had not heard any thing from Baylie , nor Middleton , about eight a clock at the Rendevous , we heard that the Enemy was passing the River upon our left hand , Whereupon Calander sent out a Partie to a foard , and a little after I saw the Duke march by , to the top of the hill where Sir Marmaducks Horse were , and but few of the Scots Horse were yet come to the Rendevous , there I heard the Earle of Calander ask Colonell Mill , if any of his Dragoons were come up , his answer was , none , by reason they were all dispersed in the evening before , by this time Sir Marmaducks Troopes were marching off the hill , and Calander with his own three Troopes , and three of the Earle of Errolls , which were all verie weak retired to the top of the hill , where hee was told that orders were sent to the Foot to make their own conditions , But let me here tell you , that I beleeve , if that had been propounded to Calander Hee would have been as refractary from it , as he was afterwards upon the like occasion concerning the Horse , there he was likewise told that the Duke was marched after Sir Marmaduck , and after some stay there , not hearing any thing hee marched after the Duke , supposing the intelligence to be true , Sir Marmaduck marching still on the Van , with his few Horse , and his Rear beeing pretty-well advanced before the Scots horse , some few of the Enemies Foot lying at a passe Sallyed out upon certain Stragglers of the Scots , but were presently beat back by the Lord Levingstoun ; and Major Drummond , down to their Barricade , having lost some , and others hurt ; there Calander made some Troupers light from their horses , and force their passage , thinking that to be the way , which was not , and therefore we took to the left hand , and followed Sir Marmaducks Troupes that were marched on with the Duke , about four miles further at a halt , Middleton came up alone , and after some conference returned , ( with great discontent ) to his Troupes showing that the Foot was yeelded up at Warrington , we were that night to quarter at White-Church , and upon the march I heard an Officer of qualitie , propound to the Earle of Calander , the necessity of thinking upon a Treaty , in regard of the Souldiours long and wearisome marches , they beeing in great disorder and their horses tired , which if he and Middleton would condescend unto , they put no question but the Duke would likewise , but he absolutely refused to hear of it , saying , they were yet a considerable body of Horse with which they might shortly recover an Army of Foot , and that they were within a day and a halfs marching , of a place where they might be in safety to refresh themselves and their Horses , but upon the march we were so hindred with frequent , though false alarmes and halts , ( no Enemy beeing near us , but Garisons ) that we came short of White-Church , 2 or 3 miles , and quartered in the fields that night near Malpas , in Chesshire , where Sir Marmaduck , Calander , and Middleton , attended the Duke , resolving from thence to march to Vtoxater and to so Ashburn , in the Peak , that night diverse Officers left their Troupes , and rendred themselves prisoners to the Enemy , which did much dishearten the Souldiours , diverse Officers likewise of the Foot , who would not accept of the conditions which Leivetenant Generall Baylie made at Warrington , came up to the Cavalrie , the next day we marched about a mile beyond Drayton , and quartered in the fields , upon the 12 of August we marched toward Vtoxater , and comming near Stone a troup of the enemies which lay there , drew out upon the hill on our left hand , we saw also more troupes from Staffoord upon our right hand , there at a halt , what paines Calander and Middleton did take to get the disorderly troupes , ( whose discontent and disobedience upon their Officers abandoning of them , had forgot all respect unto command ) into order , and bring them under their standards , can neither be expressed by me , nor imagined by those who have never seen the like mutiny , yet at length they brought them to it . But by the way between the bridge and Stone , I saw Calander and Middleton come to the Duke , who shew them a letter he had receaved from the Committee of Shropshire , brought by two Committee men , the tenor of it was to give quarters to the Duke , and his people upon laying down of their armes , whereat they both did much wonder , that a Committee would offer any such thing to an Army , they having no other Forces but their Garisons , ( but there was a whispering amongst the troupers , that a trumpet had been sent to the Enemy ) Sir Marmaducks troupes having the Van marched thorow the Town , Calander with his next , and Middleton in the rear placing a guard on this side of Stone , till all were past , the Commissioners were appointed by the Duke , to stay and dine in the Town , upon a halt on the other side , I saw the Duke , Calander , Sir Marmaduck , & Middleton , speaking together where there came a Trumpet to them , from Staffoord , who belonged to some of those who had rendred themselves prisoners the night before , here a Trouper upon some question shot Captain Gray , and was pistold by publick order for it . So on we marched for Utoxater , Sir Marmaduck in the Van of all , the Duke in the Van of the Scottish horse , Calander in the middle , and Middleton in the rear having marched about two miles in narrow lanes , ( it began to rain hugely ) the Staffoord troupes beeing upon our rear , Middleton gave order to charge them , but some troupers repining said it was nothing to bid charge , whereunto he replyed that it was not his custome to be sparing of himself upon any occasian that was needfull , and therewithall bid them follow him , and charged like a gallant man , and wise commander , thereby to animate his discouraged horsemen , and show them a good example , in such an extreamity , but beeing upon the side of a hill , and the ground exceeding slipperie thorow the great raines , his horse fell and he was taken prisoner , and the night drawing on , the enemy retired being prest by Colonell Lockhart , who was in the rear with him , the rest of the horse were drawn up upon a moore , where there came two Countrey Gentlemen to the Duke , but from whence or what they brought , I could not learn . Upon the notice of Middletons beeing taken , Calander faced about and marched to the rear , where speaking to the souldiours , he desired them now to do for the honour of their Nation , which then had so much suffered , and the recovery of so gallant a man , swearing to them never to leave them if they would but perform their part , and with that resolution went on to rescue Middleton untill he understood from Colonell Lockhart , that the Enemy was retired , Whereupon hee returned to the moore , where he halted untill the rear came up , before which time it was dark night , beeing then about 4 miles from Utoxater , unto which by reason of the darknes and foulnes of the way , it was very late before the troupes did come , quartering most upon the fields and streets , next morning betimes Calander , and Sir Matmaduck , attended the Generall , who was a bed ( because of a pain in his leggs , ) there he having heard before that Calander was marched away , with the most part of the horse told it him , but Calander answered that he had not used to give any orders where his Grace was , but such as he receaved from him , there it was debated what was next to be done , But then Sir Marmaduck shew the necessity of his marching when it was propounded to Capitulate , and that hee could expect no quarter , Calander also declared plainly that upon no tearms hee would consent to a Capitulation , but such Troupes or Troupers as would march with him he would undergo the same hazard with Sir Marmaduck , and they might follow him , which the Duke hearing , said that he would not stay behind , and therewith Sir Marmaduck and Calander went to horse , and gave order to the Troupes to draw out to a hill , about half a mile on the other side of the Town beyond the River , yet it was long before any considerable number came to the place , and Sir Marmaduck sending to Calander , to know if he was ready , my Lord desired him to have a little patience , but he sent him back word that the day was well advanced , and hee was to have a long march he could not , and so marched away , which Calander seeing spoke to the Officers and Souldiours , willing them to repair to their standards in order , but none almost or very few did , though he assured them that he would die with his armes in his hand , after such misfortune , rather then Capitulate , yet what ever he said , was little regarded , and because the Duke was absent no man obeyed , at last he told them , that such as had a minde to show themselves men , for the credit of their Countrey , might march along with him , and those that were ill mounted and had a minde to treat , might stay with the Duke , but few offered to stirre , so that he rode after Sir Marmaduck alone , to show him how things stood , and take leave of him , comming back he found some Officers sent from the Duke , to desire his return for consultation , and the Duke gave order that a partie should be sent back to Utoxater , whither the Army might return , and there deliberate of what should be done , to that effect the Lord Levinstoun was sent , and Calander visited all the avenues and barricaded them , posing guards every where , then orders beeing given , for all Officers to repair to the Duke , Hee then desired Calander to go and advise with them what was most expedient , thereupon Calander asked him whither to march , or to fight , he was ready to obey , but if it were to Capitulate he absolutely disclamed it , and so went to his quarter , where he instantly gave order to the dismounted men , and Stragglers of the Foot , to go to the Church-yard , and that all Officers that were quartered in the Town , should bring thither such armes as could be found there , for arming of them These Officers who were assembled by the Dukes order having delivered there opinions , when Calander came back , the Duke told him they had found it fit to send a trumpet to the Enemy , but Calander replyed that he disassented from such a base way , and therefore would give no advice , nor adhere to their Treaty , neither be included into it , but rather die like a man of honour , fighting if he could finde but ten men , to share in his fortune with him , the Duke notwithstanding sent out a Trumpet , and in a short while after , some Troupers drew up on the markat-place before his lodging ( which certainly was not done without the knowledge of some chief Officers , ) for when Calander went out to speak to them , they were not so well instructed as afterwards , till putting them in minde of the Oath he made unto them the night before never to leave them , if they would play the part of gallant men , but that he would upon no condition Capitulate , choosing rather to run the uttermost hazard of his life with honour , then condescend to so base a way of Treaty , if otherwayes he could not escape the hands of his Enemies , at length they seemed to be a little satisfied , so he returned to the Dukes lodging , and Colonell Lockhart was sent down to dismisse them , but toward the evening , their number increased and seasing upon Calanders Horse and armes , they would not suffer him to go out of the Dukes lodging , but keept him there prisoner , nor were any of his servants permitted to come near him , but before that uproar began , assoon as it was concluded by the Duke , and the other Officers to send and Capitulate , the trumpet beeing gone , Major Gib and another were sent as Ostages . In the evening the trumpet came back , and one of the Enemies with him , who found us in this posture of munity , and that encreasing hourly , ( it was then clear moon-shine ) when they rose to such a height that they releived the guards , which the Leivetenaut General had posed , sent up 2 or 3 of their number to the Dukes chamber , with their armes in their hands , as Commissioners from the rest , which he seeing , declared to them that he had no minde to leave them , and spoke unto the whole body upon the market place , out at a window , the Enemies trumpet who was in the next room heard all , Calander incensed with that scurvy dealling , told that such base way of detaining him prisoner was not the meanes to get good quarters , beside the dishonour of it , Whereupon some words past betwixt the Duke and him , upon his averring of the same , as they sate down to Supper , he still telling him he would not adhere to any Treaty but die sooner , if he could not otherwise escape , and that they would repent and quite their posts if the Enemy did once approach . at last after diverse false alarmes that night , toward the morning they had one for certain of the Enemies advance , which made these mutiniers abandon the market-place , returning some of the Earle of Calanders horses , and armes unto his quarter , at which time the Duke beeing in his naked bed , Calander took horse with some few Officers , and visited all the posts ; where there was yet no sight of the Enemy , after having told the Duke , that he would upon no condition Capitulate , and that so often before , but particularlie when the Lord Kenmoore parted when it was also time for him to be gone , as any judicious man may think , seeing the duke had Capitulate , and sent out Ostages , and so with his Nephew the Lord Levingfton , & some others he went away leaving the Duke to his Treaty , but as he came about a quarter of a mile from the Town , he was told by certain Officers , and some Country people , that order was given from some Officers at Utoxater to barricade the end of the lane , whereby neither Officer nor Souldiour might escape that way , and drawing up those Troupers that came with him , he again told them as before he had done , that all such as were ill mounted or had a minde to Capitulate , might return to the Duke , and though he had no guide yet notwithstanding holding fast to his first resolution he would take his hazard , and then riding on with the number of sixscore horse or thereabout , Himself took the charge of one third part , giving another to the Lord Levingstoun , and the third to be commanded by Colonell Keyth , brother to the Earle Marshall , past through Asburn , intending to follow Sir Marmaduck Langdall ; but there he was informed of his disbanding of his people , and marching on further , came amongst hills , where the Countrey people rose in armes upon him , and there by reason many horses lost their shooes with so long marching , diverse were taken prisoners , Colonell Keyth with the first , by some of the troupes of Darby , but marching on still toward Chesterfield , about the evening beeing within a mile and a half of the Town , intending to have past through it , and there halting to know whether there were any of the Enemy quartered , night fell on , and the Countrey all about , firing to give notice of us , we were informed that some troupes were come there , and before we could get on horse-back , a partie of foot fell upon us , which we repulsed killing some , and so marcht away , ( it beeing very dark ) to the right hand toward Bolsover , the Lord Levingstoun having the Rear , with Major Drummond and other Officers before we came near Bolsover lost their way , we then halting upon a heath , and missing them , beeing very few in number , our horses extreamly wearied , the Earle of Calander marched back a mile , to see if he could learn any thing of them , whom not finding , ( and it beeing very rainie weather ) hee intended notwithstanding ( if he could ) to march to Pomfret . But being misled by the guide he then had , those few Officers which were remaining , assoon as it was day , ( the Countrey beeing full of the enemies Troupes ; ) thought it fittest every man to shift for himself , and so we parted , recommending one another to the protection of God , and I took my own way , not doubting but that same providence which had brought mee so far in an Unfortunate journey , would yet bring me out of danger , bnt what befell me in my taking afterwards , and my prison , ( from which I am now by the grace of God got free ) before I found Scots ground to go upon , Shall bee the Subject of your next entertaynment . And now , to conclude all our misfortunes , and end this tedious discourse , I shall briefly tell you , that after all the difficulties , oppositions , and delayes , in the levying of the Army in Scotland , our slow march at our entry into England , wanting provision , and waiting for the cannon and ammunition , the not joyning of the Forces from Ireland , and the Dukes falling short of Preston , ( giving the enemy a fair opportunity to fall in betwixt the horse and the foot ) then the leaving of the ammunition , was the losse of the foot , the tampering to Capitulate discouraged the horsemen , and the Dukes design to treat , after so many great oversights , together with the mutiny at Utoxater , lost the horse shamefully , when they might have been saved to recover a new Army of foot again ; And thus craving you pardon for my prolixity , and detaining you so long in a discourse which could not be contracted in fewer words , when the full and plain Truth was to bee told , I here take my leave , what rests concerning my self , and our other Friends , you shall hear at another occasion from , Your Servant . Edinburgh , 2 of October . 
A45906	----	An Enquiry into the causes of the miscarriage of the Scots colony at Darien, or, An answer to a libel entituled, A defence of the Scots abdicating Darien submitted to the consideration of the good people of England. 1700 Approx. 220 KB of XML-encoded text transcribed from 61 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A45906 Wing I213 ESTC R12945 12716045 ocm 12716045 66218 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45906) Transcribed from: (Early English Books Online ; image set 66218) Images scanned from microfilm: (Early English books, 1641-1700 ; 358:12) An Enquiry into the causes of the miscarriage of the Scots colony at Darien, or, An answer to a libel entituled, A defence of the Scots abdicating Darien submitted to the consideration of the good people of England. Ridpath, George, d. 1726. [9], 112 p. [s.n.], Glasgow : 1700. Authorship uncertain; has been attributed to George Ridpath. Cf. BM; NUC pre-1956. "Defence of the Scots abdicating Darien" has been variously attributed to James Hodges, Walter Harris, and Archibald Foyer. Reproduction of original in Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Hodges, James. Harris, Walter, 17th/18th cent. Foyer, Archibald. Defence of the Scots abdicating Darien. Darien Scots' Colony, 1698-1700. Scotland -- Commercial policy. Scotland -- History -- 1689-1745. Panama -- Colonization. Panama -- Discovery and exploration. 2002-12 TCP Assigned for keying and markup 2003-01 SPi Global Keyed and coded from ProQuest page images 2003-02 Olivia Bottum Sampled and proofread 2003-02 Olivia Bottum Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion AN ENQUIRY INTO The Causes of the Miscarriage OF THE Scots Colony at DARIEN . OR AN ANSWER TO A LIBEL ENTITULED A Defence of the Scots Abdicating DARIEN . Submitted to the Consideration of the Good People of England . — Paries cum proximus ardet Res tua tunc agitur . — GLASGOW . 1700. The Introduction . THE just Horrour that all honest men conceiv'd at the harsh and unneighbourly Treatment of the Scots Colony at Darien , laid the Gentlemen who have been most active against it , under a necessity of blackening the Reputation of those concern'd in that Settlement . This they thought necessary , in order to prevent any enquiry , that perhaps might be made : Why a Neighbouring Nation united to the Kingdom of England by Situation , Government , Interest , Religion , Affection , and constant Inter-marriages , should be provok'd and trampl'd upon in such a manner , contrary to their own Laws and Original Constitution , and which may pave the way in time for Treating our Neighbours in the same manner . To prevent any such Enquiry , those Gentlemen that have been pleas'd to signalize themselves as much by their hatred to the Scotish Nation , as the latter have signalized their Valour and Affection , for our common Liberty and Religion , have been at pains and expence to save the Libeller H — s from the Gallows , by putting a stop to his Trial , and filling his Pockets with Money , on condition that he would bespatter the Reputation of the Scots Colony and their Masters . The Crime is indeed unnatural for a man to turn Renegado and a Traitor to his Country ; none but a Monster like H — the Surgeon could have entertain'd such a Thought : He sold his God in the Last Reign , by turning Papist , and therefore 't is no great Wonder he should sell his Country in this , and solemnly renounce his going Northward for ever , provided he might be secur'd against going Westward for once . This being the Case of the Doughty Evidence , that the Faction have produc'd against the Scots Colony ; we leave it to the World to judg what credit ought to be given to his Testimony , since it appears that he hath giv'n it in to save his Life , to gain Money , and to give vent to his Malice . The latter he owns in the beginning of his Book , and repeats it again p. 161. where he says he took this way to right himself , because of the Scots here in Town being on his Top , and of some other harsh usage which he receiv'd at the hands of the Scots Company . The very manner of giving in his Evidence lays him open to the Lash of the English Law ; and it is to be presum'd that his train of Blasphemies , and constant ridiculing the Text , would have been taken notice of e're now by a certain Court at the West end of Paul's , but that he is protected by some Gentlemen belonging to a Court at the West end of the Town . His invenom'd malice is demonstrable , by the sport he makes to himself throughout his Libel at the Calamities and Misery of his Fellow-Creatures and Countrymen ; so that never did any man more exactly fill up the Character of a Renegado than himself : for as those Miscreants stab an Image of our Saviour to the Heart , as a proof of having absolutely denied him ; H — s hath in the same manner done all he could to stab the Reputation of his native Country , as a certain evidence of his being turn'd a Monster in Nature ; for which even they that imploy him must needs abhor him , except they love to see the Image of their own Crimes in his Lovely Features . We have not enter'd upon the detail of his malicious Lies with which he hath stuff'd his Book , but have only pointed at the chief of them which are so very notorious , as may well put his Suborners to the Blush that they should not have either taught him his Lesson better , or have seen he had conn'd it more exactly ; for they are such gross Contradictions either to common Sense or to what he himself had advanc'd in his Libel , that none but one who had swallow'd Transubstantiation could be guilty of the like . It 's needless to enlarge upon his Character , since it 's impossible to conceive a worse Idea of him than all Men of Sense will immediately form to themselves , when they know he is a Traitor to his Country . He was was formerly a Surgeon in the Fleet , and made some Interest amongst the Officers , by Female Mediation , which was allow'd him by his last Religion ( for his Book shews that now he has none . ) Hence it is , that he expresses himself so readily in the Dialect of his Office , and talks of Bullying Kings in his Dedication , to shew us that he was acquainted with B-dy-house Rhetorick , and they that know his Friends in Little — B — n , say he has convey'd his Libel to the World through a very proper Channel . Whilst he was a Surgeon in the Fleet , his ill Nature having condemn'd him to perpetual Broyls , he had the Impudence to draw upon his Captain ashore , who wounded him so as 't was thought might have put a period to his Infamous Life , upon which his Captain was Confin'd , but the Wound not being Morral , the Gentleman was set at Liberty , and returning on Board , a Council of War was held , by which H — s was like to have had an Exit more answerable to his desert , at the Yard-Arm ; but that one of our Country-men who Commanded in the Place , sav'd him out of Pity , and whilst he was sculking at London to avoid this Prosecution ; others of them out of Compassion hir'd him to go along with their Fleet , for which he hath made his Country such a Grateful Reward , as hath verify'd the Proverb , That save a R — gue from the Gallows he shall be the first that will cut your Throat . We leave his Suborners to think on 't . His Captain being thus disappointed of having Justice executed , was forc'd to content himself with Pricking him Run , that he might not have any claim to his Wages ; but since his return from Darien , and engaging in the Honourable service of Reviling and Belying his Country , his Suborners out of their innate Bounty and Gratitude , have got him deliver'd from all farther Prosecution , entitled him to his Wages , and given him the opportunity to value himself upon his Corespondence at the Court end of the Town , so that now he thinks himself sure of a Patent for Life , and that he shall never be oblig'd to go up Holborn-Hill except his important occasions call him now and then that way , to enable him to pay his present Debts , when some of his Brethren , pass that Road to pay their last . It had been easie for us to have given such a History of his Life as would have put his Suborners to the blush , but we reserve that to make use of as we shall see occasion ; what 's said is enough to let them know how much they are to trust to his Evidence , if they think fit to make further use of him , either by Libelling his Country , or accusing any of those great Families he threatens in his Dedication . AN INQUIRY INTO The Causes of the Miscarriage of the Scots Colony at Darien . THE main design of H — s and his Suborners , is to charge the Miscarriage of the Scots Colony upon their own Country , to clear some Gentlemen that perhaps may be found within the Verge of White-Hall , from having any hand in it , and to evince the necessity of those Proclamations publish'd against the Scots in the West-Indies , so as no Person or Party in England may seem justly chargeable with the ruin of that Colony ; a certain Evidence that the Crime is very black , and that they are put to a miserable shift , when those Gentlemen are at such expence of Contrivance and Pains to wipe off the Imputation , and so ready to fall in with any Tool that they think can assist them in so doing . Enough has been said already to demonstrate that the evidence of such an infamous Person as H — s , and so circumstantiated , would not be admitted in any Court of Judicature in Europe , especially against such an honourable Society as the Company of Scotland for trading to Africa and the Indies , which consists of the very flower of the Nation , and perhaps has more Persons of illustrious Birth , Quality and Merit in it , than any trading Company that ever yet was erected in the World. The Directors particularly , whom H — s and his Masters have condemned to the Halter , p. 46. are most of them Persons of that Quality , Estate , Worth , and untainted Honor , as the Accusation of no one particular Person , tho of never so good Repute , could in justice or decency be admitted against them , and much less the malicious Calumnies of a Renegado . But to set this mater in a clearer Light : Whereas we have only H — s's own word for what he asserts in vindication of his Friends and Suborners ; we shall demonstrate against him and them too from undeniable matter of Fact , that some People in England are justly chargeable with the ruin of that Colony . We shall begin with the opposition made to the Scots Act by the Parliament of England , ( to whom the matter was misrepresented ) the Answer they obtain'd from the King , and the Prosecution they commenc'd and threatned against English Natives , and Scots-men residing in England , that should subscribe to the Scots Company . In the next place we alledg the English Resident's Memorial at Hamburgh , against that Governments suffering any of their Subjects to subscribe to the Scots Company . It is likewise well enough known that the Influence and Example of the English Court hinder'd the Subscriptions of our Neighbours in Holland . Nor can it be denied but this continued Thread of Opposition from the Court of England , must needs hinder the Subscriptions of a great many in Scotland , who could not but foresee that a Storm was threatned by so many Clouds . To this we may add , that the Kingdom of Scotland have not yet forgot the discourting of the Marquiss of Tweddale ( who was known to be an able Statesman , and a true Patriot to his Country ) because of his touching that Act , when he had the Honor to represent his Majesty on the Throne . Nor was it the least of our Misfortunes , that we lost such an able and faithful Minister of State as Secretary Iohnston , and that too upon the account of his affection to his Country in this matter . We are very well satisfied that his Majesty , who advanc'd him to that Post for his Merit , and was so well satisfied with his ability and care , would scarcely have parted with a Minister of that Gentleman's Faithfulness and Penetration , but by the Intrigues of some People at Court. Before we proceed any further with the Narrative of the Opposition made to us , we shall obviate one Objection which some Persons may possibly make , viz. That all we have said hitherto is nothing to the purpose , because it does not regard our Colony , but the Company . To which we reply : 1. That this is so far from being an Excuse to our Opposers , that it highly aggravates our Charge against them , as being a plain demonstration , that they were resolv'd to obstruct our Trade in every respect , and whatever it should be , without any exception . 2. That the opposing of the Company was the direct Method to prevent our ever having a Colony ; and by the Laws of God and Man , those who endeavour to destroy the Embrio , are chargeable with a design of preventing the Birth . But we shall come closer to the point in a little time , and resume the thread of our Narrative after one or two Observations upon what we have said already , viz. ( 1. ) That the greatest of those Difficulties and Disappointments which H — s says in his Book , the Company met with as to their Subscriptions , Payments , &c. may justly be charg'd to the account of that opposition made us from the Court of England . ( 2. ) That there is so little reason to upbraid us , that our Efforts were not greater , that it is rather to be wonder'd at that the Company was not dash'd to pieces and crush'd in the bud ; and much more that ever they should have been able to weather out the storm of so much Indignation , overcome all those Difficulties , find Mony enough to build Ships , equip out a Fleet , and make a Settlement in America , when neither England , nor Scots-men residing there , Hamburgh nor Holland , shall dare to assist them without incurring his Majesty of England's displeasure . But to come directly to the Narrative of the Opposition made to our Colony . It is well enough known that the Kingdom of Scotland , as many other Parts of Europe , hath suffered much for three or four years past by bad Harvests , which rendred them uncapable of providing Bread for their People at home , and much more of sending Supplies to their Infant Colony abroad : This was very manifest to some People about White-hall , and care was taken we should have none for our Mony from England , tho that Nation could have spar'd it , and perhaps we might have pleaded it as our merit , when in Parliament we voted his Majesty a Standing Army , upon his Royal Word that it was necessary , tho we had more need to have sav'd the Mony to have bought Bread for thousands of our People that were starving for want , afforded us the melancholy prospect of dying by ●●●als in our Streets , and have left behind them a reigning Contagion , which hath swept away multitudes more , and God knows where it may end . Tho our Country was reduced to this deplorable state , that a generous Enemy would have shew'd us compassion , yet the malice of our Court Adversaries did not rest here , nor with having follow'd us into Holland and Germany , but pursues us into America ; and with angry Proclamations forbids the Subjects there , on pain of his Majesty's Displeasure , to afford any manner of assistance to the Scots at Darien : So that we are starv'd at home and abroad by our Enemies at Court , who having by this means dispossess'd us of our Colony at Darien , and knowing that the good People of England had reason to cry shame upon them , and might perhaps take their own time to resent this inhuman Treatment of their Neighbours in Scotland ; therefore they found it necessary to suppress a Book wrote in defence of the Scots Settlement , and to hire a Scots Renegado Surgeon to varnish over the matter , and to represent his Countrymen as Knaves and Fools , that so they might fall unpitied . To return again to the Opposition made us in America : It is not enough that we are starv'd out of Darien , but when we come from thence , and so leave what the Proclamations suppose to be the Dominions of their Allies , yet we must not be supplied in the English Plantations , nor have Provisions in exchange for our effects , tho our Men be dying for want , on pain of incurring the Displeasure of the Court ; and therefore those who are willing to relieve us , must put their Inventions on the rack to find out a way to do that with safety , which common Humanity , and much more Christianity , obliges , them to do to a Turk or a Jew in the like circumstances . Nay farther , tho notwithstanding our distress at home , we make shift to send a Convoy to our Colony abroad , because our future hopes depended so much upon it , they shall not have leave to put in to any English Port to refit , refresh , or stay for any of their company that may be separated from them by storm ; and yet our Friends who were so instrumental in obtaining and publishing those Proclamations , must bribe a Renegado to declare to the World in print , that they were no way accessary to the Blood of his Country-men that were starved to death at Darien . It will appear plain that the Ruin of the Colony is chargeable on the Proclamations , if we consider the Consternation that must needs be among them when they saw themselves condemned , as having invaded the Dominions of his Majesty's Allies ; so that they had all the reason in the world to think that they were not only precluded from all possibility of having any further supply or assistance from home , but in danger of being attack'd by his Fleet , as they that advis'd the emitting of those Proclamations must needs think his Majesty was oblig'd in Honour and Justice to order , if he was of opinion that the Scots had broken the Alliance betwixt him and Spain . Let any reasonable man consider what Anguish and Perplexity these Considerations , join'd to their pinching Wants and other Circumstances , must occasion in the minds of those poor men , and whether it might not give a handle to those of them that were unwilling to stay , to mutiny against the rest , and put all into disorder , which might be fomented by other ill persons amongst them ; for we are not to suppose that with 11 or 1200 men , there went no other ill man but H — s , since it 's not improbable that they who opposed our Company so much from the very beginning , might be prompted by the same Malice to send Spies and Traitors amongst our Men on purpose to defeat their Design . If it had not been that they were thus discouraged and brought to their wits-end by those Proclamations , they would certainly have had so much Conduct as to have sent away a great part of their Men to Iamaica , or any of the English Plantations , where they might have subsisted till the arrival of a Convoy from Scotland ; and so with those Provisions that were sufficient to carry them as far as New-York , and a great deal further if they had not been retarded by Tempests , might have maintain'd a competent number of their Men to keep possession of the Colony till Supplies had arriv'd : but the Proclamations disabled them from taking this Method , and by consequence are chargeable with the ruin of the Colony . In the next place it is undeniable that those Proclamations must needs have incouraged the Spaniards and other Enemies in their Opposition against our Colony , and animated them to go on with their Preparations to drive us out . So that had they deserted upon no other account but the noise of the great Preparations making against them by the Spaniards at Carthagena , Porto-bello , &c. as Sir William Beeston seem'd to insinuate in his Letter ; it makes the Proclamations directly chargeable with the Ruin of the Colony , since they had good reason to remove from thence when their own Prince had forbid all Commerce with them , and when their Enemies were making formidable Preparations against them . It is likewise plain that those Proclamations must necessarily prevent their having any Supplies from the Dutch at Curassaw , if they had any to spare : for since the Influence of ours and the Dutch Court prevented our Company 's having any Incouragement in Holland , it is reasonable to believe it would have the same influence in reference to our Colony , in the Dutch Plantations . We have likewise all the reason in the world to conclude , that the Influence of those Proclamations might hinder the Natives from giving our Colony those Supplies that it was in their power to have done ; for there 's no doubt but they had information of 'em industriously sent them by some of our Adversaries , when Capt. Long was so malicious as to endeavour at our first arrival to possess them with an opinion that we were nothing but Pirats , and that the K. of Great Britain would disown us ; and indeed by the event it would seem he had Instructions so to do . It is true that at first the Natives seeing our Men have a Competency of all sorts of Provisions , might not believe his Report ; but they must needs have been confirm'd in the truth of it afterwards , when they saw them dying for want , and deceiv'd as to their Expectation of further Supplies ; and upon that account might think they had sufficient ground to withdraw their Assistance from them , and not further provoke the Spaniards in favour of a People that they found were not able to do any thing for themselves , and by consequence uncapable to protect them , which was the thing they were to expect from their Alliance . Having thus made it evident that the Opposition our Company met with from Court at first , and the Proclamations issued against our Colony at last , are justly to be reputed among the principal Causes of the Miscarriage of that Design , we come in the next place to consider his Majesty's Answer to the Address of the Commons of England on that Head , and the Proclamations issued out against us in his Name in the West Indies . We are sorry that ever there should have been any occasion for such an ungrateful piece of work ; but think it a Duty incumbent upon us , and what we owe to the Constitution of our Country , which we have reason to believe is industriously conceal'd from his Majesty , to write freely on this head , that the World may see what just cause we have to complain . His Majesty's Answer , That he had been ill serv'd in Scotland , &c. is such , as our Ancestors ( if we may believe our Historians ) would have thought inconsistent with the Trust reposed in a King of Scots , a manifest Reflection upon the Justice and Fidelity of the Nation , and a discovery of their Arcana Imperii to those that were quarrelling with them . We are not to suppose that his Majesty would give an Answer to an Address of this importance without Counsel : If he consulted with our Dutch or English Opposers , it was the same as if he had consulted our profess'd Enemies ; if he consulted with Scots-men , and was advis'd to this Answer by any of them , they are Traitors to their Country , and have betray'd its Soveraignty : for they ought to have advis'd him to answer , that as King of Scots he was not to give an account to the English for any thing transacted in that Kingdom ; but if they found themselves any ways aggriev'd , or thought their Trade endanger'd by the Scots Act , he should be willing to have the matter debated and adjusted by Commissioners of both Nations , as became the Common Father of both . This could not justly have been look'd upon by the English as a refractory or stubborn Answer , but must have been imputed to his braveness of Temper , and fidelity to his Trust. But at once to give up the Soveraignty of Scotland , without demurring upon it , argues that his Majesty was advis'd to this Answer by Enemies to the Scotish Nation . Our Parliaments have originally a greater Power than that of England ; for what the States of Scotland offer'd to the touch of the Scepter , their Kings had no power to refuse ; or if they did , the Resolves of the States had the force of a Law notwithstanding . Thus our Reformation was established in 1560. by an Act of the States ; and tho our Queen Mary then in France , and her Husband the Dauphin , afterwards Francis I. refus'd to give their consent , it remain'd a firm Law ; which Q. Mary , when she return'd to Scotland , was so far from offering to dispense with , tho she was a great Asserter of her Prerogative , that she was oblig'd to intreat of the States so far to dispense with it themselves , as to suffer her to have Mass in her own Family . We might go further back to the Reign of Robert II. who was check'd by the States for making a Truce with the English without their Consent , it not being then in the power of our Kings either to make Peace or War without the States . But the truth of that Maxim laid down by our Historian , That the supreme Power of the Government of Scotland is in the States , is so obvious to every one that reads our History , that it cannot be denied ; and hence it is that our old Acts of Parliament are often call'd the Acts of the States , and say , The three States enact , &c. for by our original Constitution the King is none of the States , but only Dux belli , and Minister publicus ; which was well understood by our Viceroy the E. of Morton , and the other Deputies from the States of Scotland , when they acquainted Q. Elizabeth in their Memorial , That the Scots created their Kings on that condition , that they might , when they saw cause , divest them of that Power which they receiv'd from the People , which we have now reasserted in making our Crown forfeitable by the Claim of Right at the last Revolution : and perhaps that 's none of the least Causes why our Ruin is now endeavour'd by the Abettors of a growing Prerogative . It were easy for us to enlarge on this , and to shew from our Histories and Acts of Parliaments , that our Kings , according to our antient Constitution ( which those Rapes committed on our Liberties in some of the last Reigns can never overturn ) were inferior to their Parliaments , who inthron'd and dethron'd them as they saw cause , made them accountable for their Administration , allow'd them no power of proroguing them without their own consent , nor of hindering their meeting when the ardua Regni negotia requir'd it . They could not make Peace or War without them , nor so much as dispose of their Castles , but by their consent . Their Councils were chosen and sworn in Parliament , and punishable by the States : Nor had they any Revenue , but what their Parliaments allow'd them . These and many more were the native Liberties of the People of Scotland , as may be seen in our Histories , the Acts of all the Iames's , the Protestation of the States of Scotland in 1638. and their Representation of their Proceedings against the Mistakes in the King's Declaration in 1640. And therefore his Majesty had no reason to say he was ill serv'd by the passing of an Act offer'd by the States of Scotland . The Ignorance of those things hath often occasion'd our being misrepresented by the English Historians , and other Writers , as Rebels , and what not , when we really acted according to our own fundamental Laws . And not only they , but even our own Princes since the Union of the Crowns , have either been kept ignorant of our Constitution , or so incens'd against it by the Abettors of Tyranny , that they have all of 'em , his present Majesty excepted , endeavour'd our Overthrow , as well knowing it to be impossible to bring Arbitrary Government to perfection , whilst a People who had always breath'd in a free Air , and call'd their Princes to an account when they invaded their Properties , were in any condition to defend themselves , or assist others against such Princes as design'd an absolute Sway. But the Pill being too bitter to be swallowed by it self , there was a necessity of taking Priestcraft into the Composition . and to gild it over with the specious pretext of bringing the Scots to an Uniformity in Religion . The Court knew that this would arm the Zealots against us , and that it could never be effected without the ruin of our Kingdom , whose Religion was so interwoven with our Civil Constitution , that there was no overturning of the one , without subverting the other . This will appear plain to those that know , that besides the Sanction of Acts of Parliament , the Church of Scotland is defended by a full Representative of the Clergy and Laity of the Kingdom call'd a General Assembly ( which preserves us from being Priest-ridden , as our Parliaments do from being Prince-ridden ) where the King by Law had no negative Voice , no more than he formerly had in our Parliaments . This in effect is the Representative of the Nation as Christians , as the Parliaments are our Representatives as Men ; and as to the Laity , many of them are the same individual persons that sit in Parliament . So that those Assemblies being a second Barrier about our Liberties , it was thought fit to run down the Constitution of our Church , as not suted with Monarchy . The Case being thus , we dare refer it to the thoughts of our neighbouring Nation , who have gallantly from time to time stood up for their own Liberties , whether it were not more generous for them to unite with us than to suffer us to be oppress'd and enslav'd . There 's nothing can be objected to this , but that all these glorious Privileges were swallow'd up by those Acts of Parliament that exalted the Prerogative to such a height in the Reign of K. Charles II. To which we answer , That the Privileges of a Nation cannot be giv'n away without their own consent ; and we are morally certain , that the Constituents even of those pack'd Parliaments did never give any commission to those that represented them , to give away those Liberties . Slavery is repugnant to human Nature ; so that it cannot be supposed the Nation exalted the Prerogative on purpose to put themselves in a worse condition than before , or that when they find it applied to another use than that which they gave it for , they may not reduce it to its antient Boundary . The necessity of Affairs did sometimes oblige the Romans to entrust their Dictators with an extraordinary and absolute Power ; but when the occasion ceas'd , they recalled it , and kept to their antient and rational Maxim , that Salus Populi is suprema Lex . In the like manner the Enemies of our old Constitution may know , if they please , that we have retrieved the main point of making our Crown forfeitable by the Claim of Right ; and therefore if they push us too far , it 's a thousand to one but we may renew our demands to the rest , or oblige them to cast them into the bargain . But to return from this Digression . Tho we had no such peculiar Privileges belonging to us ; why might not we expect that his Majesty should be as kind to us as to our Brethren in England ? He hath once and again declared to them in Parliament , That he never had , nor never will have an Interest distinct from that of his People . Then why should not the Interest of the People of Scotland be the same with the Interest of the King of Stots ? And if the People of Scotland met in Parliament agreed upon it as their Interest to have that Act past for incouraging their Trade , how was it possible that the King of Scots could be ill serv'd by the passing that Act in Scotland ? Our Enemies , and H — s's Suborners have put a sort of an Answer to this in his mouth , viz. That the said Act was obtain'd viis & modis ; but the Falshood and Malice of that Insinuation will appear to the World by the previous Act of 1693. for incouraging of foreign Trade , by which it was statuted , That Merchants more or fewer may contract and enter into such Societies and Companies for carrying on Trade , as to any Subject of Goods or Merchandise , to whatsomever Kingdoms , Countries , or parts of the World , not being in War with his Majesty , where Trade is in use to be or may be follow'd ; and particularly , besides the Kingdoms and Countries of Europe , to the East and West Indies , the Straits , and to trade in the Mediterranean , or upon the Coast of Africa , or elsewhere , as above . Which Societies and Companies being contracted and entred into upon the terms , and in the usual manner as such Companies are set up — His Majesty with Consent aforesaid did allow and approve , giving and granting to them and each of them , all Powers , Rights and Privileges , as to their Persons , Rules , and Orders , that by the Laws are given to Companies allowed to be erected for Manufactories : And his Majesty for their greater Incouragement , did promise to give to those Companies , and each of them , his Letters Patent under the Great Seal , confirming to them the whole foresaid Powers and Privileges , with what other incouragement his Majesty should judg needful . These are the very terms of the Act of 1693. and in pursuance of this Act our Nation being willing to form a Company for trading to Africa and the Indies , this Act which hath met with so much opposition in the World , was past Iune 26. 1695 , which was two years after . Then with what Effrontery can H — s and his Suborners suggest , that it was obtain'd viis & modis , by surprize or in a surreptitious manner ? But something they must say to justify their unreasonable treatment of us , and to blind the Eyes of the World. Thus we see then that the Parliament of Scotland went on deliberately to advance their Trade , and to make this Act : by which it's evident that they who advis'd his Majesty to say that he was ill serv'd in Scotland , impos'd upon him , have laid a Foundation of division betwixt him and his Parliament , which are the two constituent parts of our Government ; and if they be dash'd against one another , the whole frame of it must of necessity be dissolv'd . Hence also it is evident that those Counsellors , if Scots-men , ought by our old Constitution to be call'd to an account by the Parliament according to the 12 th Act of Parl. 2 Iames 4. And if they be Englishmen or Dutchmen , we have a right to demand Justice against them , as having meddled in our Affairs contrary to the Laws of Nations . The Soveraignty of our Nation , and the Independency of the K. of Scots upon the Crown of England , being tacitely giv'n up by this Answer ; and the Parliament of England being possess'd by our Enemies with a false Notion of our Design , they put a stop to our taking Subscriptions from any Residenters in England ; tho our offering to take in the English as Sharers , was a plain Demonstration of the uprightness of our Intentions towards that Nation . This made it apparent , that we had no design in the least to supplant them in their Trade , but on the contrary to make them Partakers in ours , in order to lay a foundation for a closer Union , and greater Amity betwixt the two Nations ; which if it had taken effect , our Trade had not been nipp'd in the bud , as now it is by the frowns of the Court , but might by this time have been improv'd to the advancement of the glory and strength of the Island : Whereas by the opposition made to that noble Design , the Nations are more alienated from one another than before , lessen'd in their Strength and Trade , and Scotland for ever lost as to their Friendship , usefulness , and joining with England on any occasion whatever , unless proper Measures be taken to make up the Breach , and retrieve our lost Honour and Advantage . All that can be said to excuse so false a step in such a wise Nation as England , is , that they were impos'd upon by those that are Enemies to the true Liberties of both Nations , and by some of their Traders and ignorant Pretenders , to give advice in matters of Trade , who out of a sordid Principle of Self-interest , preferr'd their own private Gain to the general advantage of their Country . This would have quickly been seen , had his Majesty and the Parliament of England , instead of that violent opposition which they made to the Scots Act , desir'd a Conference betwixt a Committee of the Parliaments of both Nations ; then it would soon have appear'd what our true Design was , and that it was neither our Interest nor Intention immediately to follow an East-India Trade , the apprehensions of which did so much alarm the Kingdom of England . That it was not our Intention is evident from our rejecting the Proposals of our Countryman Mr. Douglas , the East-India Merchant , with which H — s upbraids us , by which at the same time he discovers his own folly and dishonesty ; his Folly in arguing against the Interest of England , which he pretends to espouse ; and his Dishonesty in proposing our following a Trade , which his new Masters ( who have paid him so well for his false Evidence ) look upon to be destructive to theirs . That it was not our Interest immediately to think of an East-India Trade is evident from this , that it would have exported our Mony with which it 's known we do not abound , and ruin'd the Linen Manufacture of our Country , upon which so many of our Poor depend . This we think the City of London may be sensible of in a good measure , by the multitudes of their own Silk-Weavers , that are starv'd for want of Imployment ; and also by the unsuccessfulness of their own Linen Manufacture in England , by reason of the great quantity of Silks , Mullins , Calicoes , &c. brought from the East-Indies : from whence some wise Men have been and are still of opinion , that an East-India Trade of that sort tends to the general Impoverishment of Europe , tho it may enrich particular Persons . These Considerations , together with some Jealousies that Mr. Douglas might have been put upon making us that Proposal , on purpose to divert us from our other Design of an American Trade , were the true Reasons of our not hearkening to Mr. Douglas's Advice . This our Neighbours might have known , had they proceeded with us in such a friendly manner as we had reason to expect , when we were so kind as to offer them a share in the Benefits of our Act. And the Government at the same time might soon have been satisfied , that the sinking of their Customs by our one and twenty years Freedom from that Duty , was a meer bugbear Pretence . It is evident that we could not have spent much East-India Goods in Scotland , and therefore must have exported them . If we had brought them to England , they were liable to Customs there . If we had offer'd to run them over the Border , they could as well have prevented that , as the stealing over their own Corn and Wool : and if we had exported them to any other places of Europe , the English by their Draw-backs could have done it in effect as cheap as we . By all which it appears , that there was no solid Foundation for any of those pretended Reasons , why the Government in particular , or the English in general , should have oppos'd us : and we wish that upon due inquiry it may not be found to be the effect of Dutch Councils ; for that People being jealous of their Trade , and Rivals to England on that account , cannot be suppos'd to have sat still and done nothing , when they saw we had obtain'd such an Act , and were resolv'd to take in the English to partake in our Trade , which if suffer'd to go on , might endanger theirs , and enable the English to outrival them indeed , besides the present loss they foresaw of our Custom , the Scots having most of their East-India Goods from Holland . This we have the more reason to suspect , first because tho the English have formerly suffered in their Trade by the Incroachments and Intrigues of the Dutch , but never by the Scots ; yet they have made no Application to his Majesty , for preventing the like in time to come . If it be said that he is but Stadtholder there , whereas he is K. of Scots : We can easily reply , that it appears by what has been said already of our true Constitution , that the Kings of Scotland were as much accountable to the States of that Nation , as the Dutch Stadtholder is to the States of Holland . The 2 d Reason we have to suspect the Influence of Dutch Councils in this Affair , is this , that 't is their Interest to keep us and the English from uniting , and if possible of forcing us by that means into an Alliance with themselves , to prevent their own ruin , if England should after this come to fall out with them upon the account of Trade or otherwise , and likewise to have their Privilege of fishing in our Seas continued , which they know to be of such vast Advantage to them , that they are shrewdly suspected of having by Bribes , or other indirect Methods , prevail'd with some great Men , to supplant us as to the Benefits we had just reason to expect from the Act of 1661. incouraging our Fishery , the Privileges granted by which , are very considerable , and to continue for ever : nay to put it out of all doubt that they are join'd in this matter against us , H — s owns it as beforemention'd . Being upon this subject , we cannot but take notice of the difference betwixt the Spanish Memorials about Darien , and of those late Memorials presented by them to our Court against their meddling with the Succession of that Monarchy , or the cantoning it out into several Parcels in case the King of Spain die without issue . The former , tho insolent and huffing enough , were procur'd by our Court , therefore calmly digested ; and the desire of them effectually answer'd , to the ruin almost of the Scotish Nation : but the latter was no sooner presented , than the Spanish Ambassadors are disgrac'd in England and Holland , and forbid both Courts . It may therefore deserve the Inquiry of our Neighbours , what this Regulation about the Succession of Spain , and the dismembring of their Monarchy is , that occasion such outragious Memorials : for there must needs be something in it that touches the Spaniards more sensibly than the business of Darien , and which they did not complain of till they were put upon it ; and in like manner touches our Court more sensibly to the quick than any Memorials about that Affair , tho they had not been of their own procurement , were capable of doing . Perhaps upon a narrow Scrutiny into this Affair it will be found , that this keen and uninterrupted Opposition made to the Scots Settlement at Darien , does not proceed from any foresight of damage that it could do to the Trade of England , tho that be the specious Pretext , but from a Cause which touches some People more nearly , crosses their Project of dismembring the Spanish Monarchy , and of having that important Post to their own share ; they know that they have a natural as well as political Interest in some great Courtiers , and make little doubt of obtaining the preheminence before either of those Nations that compose the Empire of Great Britain . It concerns our Neighbours so much the more to inquire into this , because it is visible from the Resentments of it by the Spanish Court , that this matter is more like to affect the advantageous Trade that England drives with Spain , than our Settlement in America was ever like to do ; which tho it be made a Sacrifice to his Catholick Majesty , and perhaps on purpose to make him digest the other Project with more ease , is like to be of as little advantage to England , as was the Sacrifice of the great Sir Walter Raleigh formerly , tho it may be infinitely more to their damage . If our Neighbours have a mind to be fully inform'd of this matter , they know who were imploy'd in those Negotiations , and how to speak with them . We come next to consider the Opposition made to our Subscriptions at Hamburgh by Sir Paul Ricaut the English Resident there , in conjunction with his Majesty's Envoy to the Court of Lunenburg , who deliver'd in a joint Memorial to the Senate of Hamburgh , threatning them with the heighth of his Majesty's Displeasure , if they join'd with the Scots in any Treaty of Commerce whatsoever . This we shall not need to make any Reflexions upon , the Petitions from the Company to his Majesty and his Privy Council in Scotland being sufficient for that end . Their first to the King was dated Iune the 28 th , 1697. and is as follows . To the King 's Most Excellent Majesty , The humble Address of the Council General of the Company Scotland , trading to Africa and the Indies . May it please your Majesty ; WHEREAS by the 32 d Act of the 4 th Session , and by the 8 th Act of the 5 th Session of Your Majesty's current Parliament , as well as by Your Majesty's Patent under the Great Seal of this Kingdom , this Company is established with such ample Privileges , as were thought most proper and encouraging both to Natives and Foreigners to join in the carrying on , supporting , and advancement of our Trade : The most considerable of the Nobility , Gentry , Merchants , and whole Body of the Royal Burrows , have upon the Inducement and publick Faith of Your Majesty , and Act of Parliament , and Letters Patent , contributed as Adventurers in raising a far more considerable joint Stock , than any was ever before raised in this Kingdom for any publick Undertaking , or Project of Trade whatsoever ; which makes it now of so much the more universal a Concern to the Nation . And for the better enabling us to accomplish the ends of Your Majesty's said Act of Parliament , and Letters Patent , we have pursuant thereunto appointed certain Deputies of our own number to transact and negotiate our necessary Affairs beyond Sea , and at the same time to treat with such Foreigners of any Nation in amity with Your Majesty , as might be inclinable to join with us for the purpose aforesaid . In the prosecution of which Commission to our said Deputies , vested with full Power and Authority according to Law , We are not a little surprized to find , to the great hindrance and obstruction of our Affairs , That your Majesty's Envoy to the Courts of Lunenburgh , and Resident at Hamburgh , have under pretence of special Warrant from Your Majesty , given in a joint subscribed Memorial to the Senate of Hamburgh , expresly invading the Privileges granted to our Company by Your Majesty's said Acts of Parliament , and Letters Patent , as by the herewith transmitted Copy may appear . By the which Memorial we sustain great and manifold Prejudices , since both the Senate and Inhabitants of the said City of Hamburgh are thereby , contrary to the Law of Nations , expresly threatned with Your Majesty's Displeasure , if they or either of them should countenance or join with us in any Treaty of Trade or Commerce whatsoever , which deprives us of the assistance which we had reason to expect from several Inhabitants of that City . For redress whereof we do in all Duty and Humility apply to Your Majesty , not only for the Protection and Maintenance of our Privileges and freedom of Trade , but also for reparation of damage conform to Your Majesty's said Acts of Parliament , and Letters Patent . And we further beg leave humbly to represent to Your Majesty , that tho by the said Acts of Parliament and Letters Patent , we conceive our selves legally and sufficiently authorized to treat even with any Soveraign Potentate or State in Amity with Your Majesty for the support and advancement of our Trade ; yet we by our said Deputies have only treated with particular and private Merchants of the said City of Hamburgh , without ever making any the least Proposal to the Senate thereof : and this we humbly conceive to be the natural Right and Privilege of all Merchants whatsoever , even tho we had wanted the Sanction of so solemn Laws ; and without some speedy redress be had therein , not only this Company , but all the individual Merchants of this Kingdom , must from henceforward conclude , that all our Rights and Freedoms of Trade are and may be further by our Neighbours violently wrested out of our hands . We therefore , to prevent the further evil Consequences of the said Memorial to our Company in particular , do make our most humble and earnest Request to Your Majesty , That you would be graciously pleased to grant us such Declarations as in your Royal Wisdom you shall think fit , to render the Senate and Inhabitants of the said City of Hamburgh , and all others that are or may be concerned , secure from the Threatnings and other Suggestions contain'd in the said Memorial , as well as to render us secure under Your Majesty's Protection , in the full Prosecution of our Trade , and free Injoyment of our lawful Rights , Privileges , and Immunities contained in Your Majesty's Acts of Parliament and Letters Patent above-mentioned . Signed at Edinburgh the 28th Day of June 1697. in Name , Presence , and by Order of the said Council General , by May it please your Majesty , Your Majesty's most Faithful , most Dutiful , most Humble , and most Obedient Subject and Servant , Sic subscribitur , Yester P. The King's Answer to the above written Address , By the Right Honourable the Earl of Tullibardin , &c. and Sir James Ogilvie , Principal Secretaries of State. My Lords and Gentlemen ; WE are impowered by the King to signify unto you , that as soon as his Majesty shall return to England , he will take into Consideration what you have represented unto him , and that in the mean time His Majesty will give orders to his Envoy at the Courts of Lunenburgh , and his Resident at Hamburgh ; not to make use of his Majesty's Name or Authority for obstructing your Company in the prosecution of your Trade with the Inhabitants of that City . Signed at Edinburgh the 2d Day of August , 1697. Sic subscribitur , Tullibardin . Ja. Ogilvie . The Company finding that the said Resident did notwithstanding this Answer continue his opposition , and deny that he had any orders to the contrary , petitioned his Majesty's Privy Council afresh as follows . To the Right Honourable the Lord High Chancellour , and remanent Lords of His Majesty's most Honourable Privy Council ; The Humble Representation of the Council General of the Company of Scotland trading to Africa and the Indies . May it please your Lordships , 'T IS not unknown to your Lordships , how that in several successive Sessions of this current Parliament , his Majesty's Instructions to his respective High Commissioners , and their several Speeches pursuant thereto , have bin full of repeated Assurances of his Majesty's good Inclinations for incouraging the Trade and Manufactories of this Nation : And whereas accordingly by the 22 d Act of the fourth Session , and the 8 th Act of the fifth Session of the said Parliament , together with his Majesty's Patent under the Great Seal of this Kingdom , our Company is established with such ample Privileges and Immunities as were thought most proper for encouraging both Natives and Foreigners to join in the carrying on , supporting , and advancement of our Trade ; we in pursuance , and upon the publick Faith thereof , not only contributed at home a far more considerable joint Stock than ever was yet rais'd in this Nation for any publick Undertaking or Project of Trade whatsoever , but have also had all the promising hopes and prospect of foreign Aid that our hearts could wish , till ( to our great surprize ) the English Ministers at Hamburgh have , under pretence of special Warrant from his Majesty , put a stop thereto , by giving in a Memorial to the Senat of that City , threatning both Senat and Inhabitants with the King 's utmost Displeasure , if they should countenance or join with us in any Treaty of Trade or Commerce , as by the annexed Copy thereof may appear . Upon due consideration whereof , we have in all duty and humility addressed his Majesty in Iune last for redress thereof ; in answer to which Address his Majesty was then graciously pleased to signify by his Royal Letter , That upon his return into England he would take into consideration the Contents of our said Address , and that in the mean time he would give Orders to the said Ministers at Hamburgh not to make use of his Royal Name or Authority for obstructing the Trade of our Company with the Inhabitants of that City . In the full assurance of which we rested secure , and took our measures accordingly , till to our further surprize and unspeakable prejudice , we find by repeated Advices from Hamburgh , that the said Resident continues still contumacious ; and is so far from giving due Obedience to his Majesty's said Order , that upon application made to him by our Agent in that City , with all the respect due to his Character , he declared , that as yet he had got no such Order on our behalf ; which by a further Address we are now to lay before his Majesty . But whereas we humbly conceive your Lordships to be more immediatly , under his Majesty , the Guardians of the Laws and Liberties of this Kingdom , We think it our duty to represent to your Lordships the Consequences of the said Memorial , both with relation to our Company in particular , and the Privileges , Interest , Honour , Dignity , and Reputation of the Nation in general . Your Lordships very well know of what concern the Success of this Company is to the whole Kingdom , and that scarce any particular Society or Corporation within the same can justly boast of so solemn and unanimous a Suffrage or Sanction , as the Acts of Parliament by which this Company is established . So that if effectual measures be not taken for putting an early stop to such an open and violent Infringement of , and Incroachment upon the Privileges of so solemn a Constitution , 't is hard to guess how far it may in after Ages be made use of-as a Precedent for invading and overturning even the very fundamental Rights , natural Liberties , and indisputable Independency of this Kingdom , which by the now open and frequent Practices of our unkind Neighbours , seem to be too shrewdly pointed at . And should this Company ( wherein the most considerable of the Nobility , Gentry , Merchants , and whole Body of the Royal Burroughs are concerned ) be so unhappy ( which God forbid ) as to have its Designs rendered unsuccessful through the unaccountable evil Treatments of our said Neighbours ; most certain it is that no consideration whatever can hereafter induce this Nation to join in any such other publick Stock , tho never so advantageous an undertaking , as not doubting but to meet with the like or greater Discouragements from those who give such frequent and manifest Indications of their Designs to wrest our Right and Freedom of Trade out of our hands . For which cause we humbly offer the Premises to your Lordships serious Consideration , not doubting but you will ( in your profound Wisdom and Prudence ) take such effectual measures for redress thereof at present , and to prevent the like Incroachments for the future , as may be capable to remove those Apprehensions and Jealousies , which the bare-faced and avowed Methods of the English do now suggest , not only to our Company in particular , but even to the whole Body of this Nation in general . Signed at Edinburgh the 22d Day of December 1697. in Name , Presence , and by Order of the said Council General , by , May it please your Lordships , Your Lordships most Obedient , and most Humble Servant , Sic subscribitur Francis Scot P. And therewith they join'd another to the King , as follows . To the King 's Most Excellent Majesty , The Humble Address of the Council General of the Company of Scotland trading to Africa , and the Indies . May it please Your Majesty ; BY a former Address of the 28 th of Iune last , We have humbly represented to Your Majesty , that Your Majesty's Envoy to the Court of Lunenburgh , and Resident at Hamburgh , did , under pretence of special Warrant from Your Majesty , give in a Memorial to the Senat of the said City of Hamburgh , contrary to the Law of Nations , and expresly invading the Privileges contained in the said Acts of Parliament and Letters Patent , by which our said Company is established ; Copies of which Address and Memorial , we have for Your Majesty's better information hereto annexed : In answer to which Your Majesty was then graciously pleased to signify by Your Royal Letter , that upon Your Majesty's Arrival in England , You would take the Contents of our said Address into consideration ; and that in the mean time You would give Orders to Your said Minister not to make use of Your Majesty's Name or Authority for obstructing our Company in the prosecution of our Trade with the Inhabitants of the said City of Hamburgh . In the full assurance of which we rested secure , and took our measures accordingly , till , to our further surprize and great disappointment , we find by repeated Advices from Hamburgh , that Your Majesty 's said Resident continues still contumacious ; and is so far from giving due Obedience to Your Majesty's said Order , that upon application made to him for that effect , with all respect due to his Character , he pretended , that he had never as yet got any such Order on our behalf : Which we thought fit , in all duty and humility , to lay before Your Majesty , renewing withal our most humble and earnest Request , that Your Majesty would be now graciously pleas'd to take the Contents of this and our said former Address into consideration , and , in Your Royal Wisdom , order some speedy and effectual Redress of our Grievances therein mentioned , and a just Reparation of the manifest Damages which our Company has already sustain'd by reason of the said Memorial : And grant us a Declaration under Your Royal Hand , to render the Senat and Inhabitants of the City of Hamburgh , and all others with whom we may have occasion to enter into Commerce , secure from Threatnings and other false Suggestions contained in the said Memorial , as well as to render us secure under Your Majesty's Protection , in the free Enjoyment of our lawful Rights and Privileges contained in Your Majesty's Acts of Parliament and Letters Patent above mentioned . Signed at Edinburgh the 22 d Day of December 1697. in Name , Presence , and by Order of the said Council General , by May it please your Majesty , Your Majesty's most Faithful , most Dutiful , most Humble , and most Obedient Subject and Servant , Sic subscribitur Francis Scot P. Notwithstanding all this humble Application , there was no stop put to that Opposition : So that the Hamburghers dar'd not venture to subscribe ; and the Company , after great loss of time , and Money , and leaving two Ships unfinish'd , to the great Dishonour , as well as Disadvantage of the Nation , were oblig'd to recal their Agents , after having spent 30000 l. and not receiv'd one Farthing there , tho the Hamburghers were so willing to join , that they were sorry there was not room left for subscribing more than 200000 l. The Company finding themselves thus injuriously dealt with , made application to the Parliament of Scotland for redress . Upon which the Parliament presented the following Address to his Majesty . An ADDRESS to his Majesty , by the Parliament . WE Your Majesty's most Loyal and Faithful Subjects , the Noblemen , Barons , and Burgesses convened in Parliament , do humbly represent to Your Majesty , That having consider'd a Representation made to us by the Council General of the Company trading to Africa and the Indies , making mention of several Obstructions they have met with in the prosecution of their Trade ; particularly by a Memorial presented to the Senat of Hamburgh by Your Majesty's Residents in that City , tending to lessen the Credit of the Rights and Privileges granted to the said Company by an Act of this present Parliament : We do therefore , in all humble Duty , lay before Your Majesty , the whole Nations Concern in this Matter : And We most earnestly do entreat , and most assuredly expect , That Your Majesty will in Your Royal Wisdom take such measures as may effectually vindicate the undoubted Rights and Privileges of the said Company , and support the Credit , and Interest thereof . And as we are in Duty bound to return Your Majesty most hearty Thanks for the Gracious Assurances Your Majesty has been pleased to give Us of all due Encouragement for promoting the Trade of this Kingdom ; So We are thereby encouraged at present , humbly to recommend to the more special Marks of Your Royal Favour , the Concerns of the said Company , as that Branch of Our Trade , in which we , and the Nation We represent , have a more peculiar Interest . Subscribed at Edinburgh the 5 th of August 1698. in Name , Presence , and by Warrant of the Estates of Parliament . SEAFIELD I. P. D. P. By all this it is evident , that the whole Kingdom of Scotland was unanimous in this matter , and proceeded deliberately in it , as that which highly concern'd their Interest : yet we see that all their Endeavours were to no purpose ; for our Enemies were so resolute in opposing our Trade , that rather than it should succeed they will not only trample under foot the Laws of Scotland , but the Laws of Nations , and exactly follow the Pattern set them by the French , in huffing and tyrannizing over their Neighbours , when at the same time they pretend to make War upon Lewis XIV . for practices of the same nature ; and whilst they cry out upon the Decisions of the Chambers of Brisac and Mets , and of the Parliament of Paris as tyrannical and unjust for invading the Rights of Neighbouring Princes and Nations , they set up a Cabal at Whitehall to do the like by Scotland and Hamburgh . Then let the World judg , whether the King of England had not less reason to say that he was ill serv'd in Scotland , than the King of Scots had to say that he was ill serv'd in England , since one single Address from the Parliament of England prevail'd with their King to forbid all his Subjects to join with the Scots ; whereas the repeated Supplications of the Company of Scotland , the Address of their Parliament , and the Authority of Law , and his own Letters Patent could not prevail with the King of Scots to do Justice to his own Subjects . We wish these Gentlemen would consider this , who were so very angry at the Author of the Defence of the Scots Settlement , for saying that the King of Scots was detain'd prisoner in England . It is very certain , that never any King of Scotland before the Union of the Crowns , dar'd thus to trample upon their Laws , or to oppose the General Interest of the Nation ▪ or if they attempted to do it , they were quickly made sensible of their being Inferior to the Law , and the States of the Nation assembled in Parliament , who till the Accession of our Princes to the English Throne remain'd in an undisputed possession of calling their Kings to an account for Male-administration , and of disposing of their Lives and Liberties as they saw cause . We need not go so far back for Evidence to prove this , as Eugenius the 7 th , who was brought to his Tryal on suspition of having murder'd his own Wife , and acquitted upon discovery of the real Murderers ; or of Iames III. whose Minions , by whose Counsel he governed , were taken out of his own Bed-Chamber by the Nobles , and hanged over Lauder-bridg ; and he himself persisting in those Courses , was killed in flight , after being defeated in Battle by the States , and in the next Parliament was voted to be lawfully slain . We have a later Instance , and the Power of our Nation on that Head was largely asserted and accounted for by the Earl of Morton then Regent of Scotland , in that noble Memorial he delivered in to Q. Elizabeth and her Council in defence of our proceedings against Q. Mary whom we dethron'd , and in her stead set up her Son : so that it is not the principle or practice of any one Party of our Nation ( tho it has been of late fix'd upon the Presbyterians as peculiar to them ) but was an Hereditary Right conveyed to us all by our Ancestors , practised by Papists before the Reformation , and justified by those of the Episcopal Perswasion since , particularly by the Earl of Morton beforemention'd , who was the first that introduc'd Bishops into our Church after the Reformation . Those things are not insisted upon with any Design of applying them to his present Majesty , or of incensing the People of Scotland to do so , but only to inform those that put his Majesty upon such Courses , that they are his greatest Enemies , and do what in them lies to destroy him . It is the common Right of Mankind to be protected by those they set over them , and to complain of Governors when they find themselves aggriev'd , and their Privileges torn from them by Violence . This Generation has prov'd it beyond possibility of Reply , that the greatest Pretenders to submission to Princes , and the most zealous Patrons of Passive Obedience , will resist and dethrone their Kings too , when they find themselves oppressed by them . They that maintain the contrary , are nothing but mean-spirited Flatterers , or such as temporize with Courts , because of their own private Advantage ; and be their Quality what it will , are far from being so noble and brave as that poor Woman who told Philip of Macedon , that he ceas'd to be King when he refus'd to hear her Petition . Upon the whole it will appear , that the Author of the Defence of the Seots Settlement , made the best Apology for his Majesty that could be made , when he said that he was a Prisoner in England , and therefore forc'd to act thus against the Interest and Dignity of his Crown as King of Scots . It is demonstrated thus : If his Majesty were in Scotland , and another Person upon the Throne of England , it is certain his Majesty would have encouraged the Trade of Scotland , and resented such practices in the King of England , as contrary to the Laws of Nations , and the Soveraignty of his Crown : If he did not , he would be look'd upon to be mean-spirited and not fit to wear it ; and if he took part with the King of England against the Dignity of his Crown , and the Interest of his Kingdom , he would not only be looked upon as an Enemy to his Country , but as felo de se. From all which it is plain , that as it is the best Apology that can be made for the King of Scots when he acts thus , contrary to the Honour and Interest of himself and his Country , to say , he is a Prisoner in England ; so it is a sufficient Justification of the People of Scotland to refuse Obedience to what he commands by the Influence of the English , or other Councils , in opposition to their Interest , because they are the Commands of a Captive , and not of the King of Scots . If our Enemies say he is no Captive , but at Liberty to go to Scotland if he pleases , it is so far from making his Case better , that it makes it ten times worse ; for if his Affections be captivated , we are without remedy , except we either sue for a Divorce , as in case of wilful Desertion , and denying conjugal Duty , or withdraw from under his roof , and remove to another Family , as God and Man will allow one Sister to do that is oppressed , and denied the Privileges of paternal Love and Protection , whilst another is caressed and dandled , and has her Fortune raised by diminishing that of the neglected Sister . The Iamaica Proclamation against our Colony at Darien comes next to be considered , and is as follows . By the Honourable Sir William Beeston Knt. Governour and Commander in chief for his Majesty in the Island of Jamaica , and of the Territories and Dependencies of the same , and Admiral thereof . WHereas I have received Orders from his Majesty by the Right Honourable Iames Vernon , one of the Principal Secretaries of State , importing that his Majesty was not informed of the Intentions and Designs of the Scots in peopling Darien , which is contrary to the Peace between his Majesty and his Allies , commanding me not to afford them any Assistance : In compliance therewith , in his Majesty's Name , and by his Order , I do strictly charge and require all and every his Majesty's Subjects , that upon no pretence whatsoever they hold any Correspondence with the Scots aforesaid , or give them any Assistance with Arms , Ammunition , Provision , or any thing whatsoever , either by themselves or any other for them ; nor assist them with any of their Shipping , or of the English Nation 's , upon pain of his Majesty's Displeasure , and suffering the severest punishment . Given under my Hand and Seal of Arms , the 9 th of April 1699. and in the 11 th year of the Reign of William the 3 d , King of England , Scotland , France and Ireland , and Lord of Iamaica , Defender of the Faith. It contains a heavy Charge against the Scots Company as having settled in Darien without informing his Majesty , and having thereby broke the Peace betwixt his Majesty and his Allies . As to their not informing his Majesty with their Design , there was neither any need of it , nor had they reason to do it : that there was no need of it , is plain enough from the Act of Parliament impowering them to settle any where in Asia , Africa , or America , upon places not inhabited , or any other place , with consent of the Natives , and not possess'd by any European Potentate , Prince or State : So that they were under no Obligation to acquaint him where they design'd to settle , provided they kept to the Terms of the Act. And that they had no cause so to do , is evident from that unreasonable opposition that a Faction at Court had prevailed with him to make to them all along , which gave them just cause to expect the like treatment in time to come . Then as to the Breach of the Peace betwixt his Majesty and his Allies by the Settlement , they had no reason to think themselves guilty of any such thing , and so much the less , that Dampier , Wafer , and all others that wrote of the Country gave an Account of the Natives being in possession of their Liberty , and almost in continual Wars with the Spaniards . Besides , it was a rul'd Case in England , since Capt. Sharp was by Law acquitted in K. Charles Il's time , not only for having marched through Darien in a Hostile manner , but for attacquing Places that were really in possession of the Spaniards , as St. Maria and Panama , because he acted by virtue of a Commission from those Darien Princes . This , together with their not finding a Spaniard or Spanish Garison on all that part of the Isthmus , was enough to justify the fairness of the Scots Settlement there , and to have put a stop to this hasty Sentence till both sides had been heard . But instead of that , the Advisers to this Proclamation take upon them , in a very Magisterial manner , to declare the Scots guilty of a Breach of the Peace betwixt his Majesty and his Allies : which is so much the more remarkable , that this Proclamation is publish'd in the West-Indies , before ever it was known what the Scots could say in their own defence ; and sent away before the presenting of the Spanish Memorial , which was on the third of May 1699. and the Proclamation bears date April 9 th 1699. The unfairness of this Proclamation is evident from this , that at the very same time it is publish'd in the West-Indies , the Lord President of the Sessions , and his Majesty's Advocate for the Kingdom of Scotland were sent for from hence to see what they could say to justify their Pretensions to Darien ; which they did by such Arguments as have not yet been answer'd . We leave it then to the impartial Thoughts of the good People of England , whether we have not occasion to say that our King is in the Hand of our Enemies , since we are thus condemn'd without a hearing , and our Nation put to the trouble and expence to send Lawyers out of the Kingdom to defend themselves before those that had already condemned them . And since this is a visible effect of the Union of the Crowns , by which we are every day more and more oppressed ; let them speak their Consciences , if we have not all the reason in the World to dissolve that Union , except the Nations be more closely united , and upon a better footing . That we were so treated in former Reigns , we had no great cause to wonder , when the Court was engaged in a Conspiracy against our Religion and Liberties . And our Nation being inferior to none in their Zeal for both , it was but natural to think that we should be the first Sacrifice : But to be treated thus by a Prince who hath ventur'd his Life to save us from Popery and Slavery ; a Prince who for Courage in War , and Conduct in Peace , is not to be match'd in Story ; a Prince who is under God the Great Champion of our Religion , and the bold Asserter of Europe's Liberty ; a Prince whose Family we revere , and whose Person we adore ; a Prince for whom we have so chearfully ventur'd our Lives , and lost so much of the best Blood in our Veins ; to be so treated by such a Prince hath some thing cutting beyond expression , and proves that our Disasters are no way to be remedied , but either by a total Separation , or a closer Union of the two Kingdoms . We cannot be so unjust to his Majesty's Character as to think a Prince of his Magnanimity could be guilty of so mean a thing as willingly to subject the Crown of his Antient Kingdom which he received free , to that of another . We cannot once suffer it to enter into our thoughts , that he who dares to out-brave Death in the Field a thousand times a day , should act so unworthy a part as first to condemn , and then to try us . These and all other things of that sort we must needs charge to the account of our Enemies about him , who misrepresent us , and therefore surprise his Majesty into any thing he does against us . As to that positive Sentence of our having acted contrary to the Peace betwixt his Majesty and his Allies , we have all the Reason in the World to complain of it . Is our Kingdom then become so mean and contemptible , that what is transacted according to the Acts of our Parliaments , and Patents of our Kings , is liable to be annull'd , or declared illegal , by any Person that has the hap to be made an English Secretary of State , Governor of one of their American Plantations , or a Member of their Council of Trade ? If it be so , his Majesty's Dignity , as King of Scots , is well defended in the mean time , when it is liable thus to be trampled upon by his own Servants as King of England . This does indeed verify what has been said , that our Kings since the Union leave their Antient Kingdom to the disposal of their Servants : but whether this be agreeable to the Coronation Oaths of our Kings , let them determine that are concern'd to enquire ; and perhaps it may be worth the consideration of our Neighbours , whether since we have been govern'd by Servants , they have not for the most part been subject to Minions , and that the one does naturally pave the way for the other . So that they are no great gainers by the Bargain . If it be answer'd , that the Proclamations are issued by his Majesty's Authority , and that therefore our Sentence proceeds from his Bar : We answer , 1. That there are shrewd Suspitions that a certain Gentleman or two who have affected all along to shew their Zeal against the Scots in this Affair , have push'd this matter beyond their Instructions ; for there 's no man that knows his Majesty's Justice and Wisdom , can admit a thought that he would condemn us before we were heard . 2. We don 't at all question his Majesty's Authority as King of England , to forbid his English Subjects to give any manner of Assistance to the Scots at Darien ( tho we might say it was unkind ) but we absolutely deny that he has any Authority as King of England to condemn the Proceedings of the Subjects of Scotland for any thing they transact without the Dominions of England . If it be otherwise , his Majesty , as King of Scots , is bound to appear at the King 's - Bench-bar in Westminster-Hall for what he hath done as King of Scots , upon the Lord Chief Justices Summons ; and of what Consequence this may be to himself or his Successors , may be easily judg'd . Had Oliver , and the other Regicides , bethought themselves of this , it had been more for the Honour of England , and would have taken off a great deal of the odium that is charg'd upon them for cutting off King Charles , had they search'd for something Criminal in his Conduct toward the English Nation as King of Scots , and condemned him for that . Tho they did not think upon this , perhaps others may ; and then the English will be able to justify themselves as not having cut off their own King , but their Enemy the King of Scots , as there 's no doubt they would have done by King Charles II. had he not made his escape after the battle of Worcester . This may perhaps deserve the thoughts of his present Majesty and others concern'd in the Succession , and so much the more that the dependence of the Crown of Scotland upon that of England hath been lately asserted by some English Historians , and indirectly hinted at in a pretended Answer to the Defence of the Scots Settlement at Darien , p. 24. But to satisfy that Gentleman and others , who please themselves so much in vilifying the Scotish Nation , they may turn to the Reigns of Edward I. II. and III. and they will quickly find that Sir William Wallace , K. Robert Bruce , Iames Lord Douglas , Thomas Randolph Earl of Murray , and others that we could name , did so gallantly defend the Soveraignty of Scotland against those bold Pretenders to a Superiority over us , that their Successors have had no great stomach to pursue their Claim to it since : So that if ever they had any , it is forfeited by Prescription . Oliver's imaginary Conquest so much insisted on by the dull Answerer of the Scots Defence , and others , will be of no use to the Faction in this matter , since that was no National Quarrel , nor did the English pretend to any such thing as a Conquest of us , but immediatly withdrew their Forces upon the Restoration . So that Oliver's Conquest , as he calls it , was only the Victory of one Party over another in a Civil War , it being well known that he had Friends in Scotland as well as England , which ( if that Wise Author will have Oliver's Victories to be Conquests ) he had conquer'd too before ever he came near Scotland . We don't insist upon this with any design to derogate from the Valour of the English Nation , which is known all over the World , but to stop the mouths of those pitiful Scriblers , and to give a Caveat to those Gentlemen about Court , who talk so big of conquering Scotland upon this present occasion . But we wish them to consult beforehand how England in general stands affected to such a Design , and how they will justify the Lawfulness of it , lest it fare with them as it did with K. Charles I. and his Cabal , who not only in Council advis'd , TO REDUCE US TO OUR DUTY BY FORCE RATHER THAN GIVE WAY TO OUR DEMANDS , as may be seen in the Representation of the States of Scotland in 1640. but rais'd Money , and levied a formidable Army to carry on their Design ; and yet the Hearts of these Bravos fail'd them when they came in view of the Scots , who repuls'd them twice with shame , the first time when they encamp'd their great Army near Barwick , and the next when we charg'd them at Newburn . And at last the best of the Nobility and Gentry of England thought fit to put a stop to those dangerous Proceedings , and follow'd his Majesty with a Protestation against them , as well knowing , that if Scotland were once subdued , the Liberties of England could not be long liv'd . That it is the Interest of England now to prevent the Ruin of Scotland , as much as it was then , will appear by the following Arguments . 1. That the present Juncture of Affairs makes it necessary for the Kingdom of England rather to strengthen themselves by making new Friends than by procuring new Enemies . They are not ignorant that they have a controverted Title to their Crown entail'd upon them , and that the Pretenders against those in possession are in the French Interest , and under their Protection . Nor can they be ignorant , that to the old National Hatred betwixt France and England , the French have added that of the Protestant Religion . Of late years they have declared themselves the most implacable Enemies of it ; and their King in all his Triumphs has that ascrib'd to him as his greatest Exploit , that he hath quelled the Monster of Heresy . The case being thus , it must needs be against the Interest of England to suffer any froward and headstrong Faction to embroil them with Scotland , or to ruin that Kingdom ; the Consequence of which will be the exposing themselves as an easier Prey to the Conquest of the French or any other Enemy . That the French had a hand in fomenting our late Civil Wars , and made use of their Firebrands in all Parties , is beyond dispute ; and that it is now more their Interest to divide us than ever , is so palpable that it cannot be denied . Nothing in human probability could have stop'd the impetuous Current of their Arms , but the Interposition of Great Britain ; and therefore it concerns them , both in point of Interest and Revenge , to dash us against one another : and if the ill Usage that we meet with from the Court of England should force us again into a French or other Alliance , the World cannot blame us ; since the Laws of Nature and Nations are for us . Put the case that a smaller number of Christians should be unjustly attack'd by a greater , whom nothing will satisfy but the utter Ruin of the former : Could any man in conscience blame the weaker Party to call in the Assistance of Iews and Pagans to preserve their own Lives ? Is it not the same case with the Scots ? have they not ever since the Union of the Crowns been oppressed and tyranniz'd over by a Faction in England , who will neither admit of an Union of the Nations , nor leave the Scots in possession of their own Privileges , as Men and Christians ? Was it not a Party in England that impos'd upon us first in Matters of Religion ? Did we send first to oblige them to submit to the Geneva Disciplin , as they call it ; or was it they that first imposed their Ceremonies and Forms of Prayer upon us ? Was it we who first invaded them with an Army to subvert their Civil and Religious Liberties , or did not they first invade us ? Was it we who first made Acts against their Trade , or they who made Acts destructive of ours ? Did we issue Proclamations against their Colonies , or have they done so by ours ? In the name of God then let them declare what they would have us to do . They will not unite with us , nor suffer us to live by our selves : Nor must we have any share of their Trade , or carry on a Trade by our selves . Is it not plain then that the Faction oppress us ? and yet we must not complain of this sort of Treatment . 2. If the state of Affairs in Ireland be consider'd , it will appear to be such , as may make it dangerous to suffer the Scots to be oppressed and provok'd in this manner . It is well enough known that the People of Ireland are not very well pleas'd with their Treatment by some in England . This , together with the great numbers of Scots in the North of that Kingdom , who bear a natural Affection to their Country , and would be very uneasy to see its Ruin , may prove of dangerous consequence , in case of a Rupture with Scotland . 3. It will further appear to be the Interest of England not to suffer the Scots to be so much run down , if they consider the posture of their own Affairs at home . The Divisions and Animosities betwixt the several Parties in England are well enough known : So that besides the sport it would afford to the common Enemy of our Religion and Country , to see those two Nations engaged in War , the Enemies of the present Government would be sure to improve it , and watch for an opportunity to avenge themselves for what has been done against the late K. Iames , and his Friends . It is well enough known what hopes they and some People beyond Sea conceive from the Differences that this Treatment of the Scots may probably occasion ; and as they have an irreconcilable Hatred against our Nation , because we declar'd so generally against the late King , and are so zealous for his present Majesty , there 's no doubt but they will foment our Divisions as much as they can , and insinuate themselves with both Parties , in order to set them together by the Ears . They know that so many as fall in England of those who adhere to the present Constitution , and so many as fall in Scotland for supporting the Trade and Freedom of their Country , so many Enemies they are rid of ; therefore there 's no question but they promise themselves a plentiful fishing in such troubled Waters . It likewise deserves the consideration of our Neighbours , that they don't stand at present in very good Terms as to Matter of Trade with France , Holland , and Flanders ; nor is it well known what the Issue of the present Controversy with Spain about regulating their Succession may be . The impending differences betwixt the Northern Crowns may perhaps in a little time imbroil them with one or other of them , and affect their Trade also on that side . All which being consider'd , it would seem to be the Interest of England , to assure themselves of the Friendship of the Scots , by treating them in a kind and neighbourly manner . 4. It will appear in particular not to be the Interest of the Dissenters and sober Churchmen , that the Scots should be thus run down , because their own Ruin will be the unavoidable Consequence of it . This they may soon be convinc'd of if they will give themselves leave to consider how they were treated in K. Charles the First 's time , when the Court did swell with so much Rage against the Kingdom of Scotland for asserting their Liberties then , as they do now . All those Church of England-men that could not conform to the Innovations brought into the Church by Laud and his Party , were treated as Puritans and Schismaticks ; and those that appear'd for the Liberties of the Nation against the Ship-money and other Arbitrary Impositions of the Court , were treated as Rebels and Traitors . If they look into the two last Reigns , it will appear as plain as the Sun , that when Scotland was oppress'd , and their Liberties wrested from them , the Dissenters and moderate Church-men in England were brought under the lash : the former were depriv'd of their Religion and Liberties , and the latter expos'd to destruction by Sham-plots , &c. because of their appearing for the Laws of their Country . We need mention no more Instances to put this out of Controversy , than those deplorable ones of the Earl of Essex and Lord Russel ; to which we may add the shameful and barbarous Treatment of the worthy Mr. Iohnson Chaplain to the latter , because he so excellently defended with his Pen the Birth-right and Freedom of all true Englishmen . From all this it will appear that England in general must suffer by the Ruin of Scotland , and that those who have all along stood up for the English Liberties , must lay their Account to come under the lash , if once our Necks come under the Yoke : therefore we dare appeal to the sober Men of the Church of England , Whether it be their Interest that a Nation which agrees with them in all the Articles of their Church , those about Discipline excepted , should be destin'd to ruin , because we believe with most of the Reformed Churches , that there is no Office superiour to that of a Presbyter of divine Institution . Must we be denied the Privileges of Men and Christians , because we think that the Discipline of the Church may be more safely intrusted , and more faithfully administred by the joint Indeavors of the Minister and the Heads of his Congregation , by an Association of neighbouring Ministers , and the Heads of their Parishes , and by Delegates both of the Clergy and Laity of those Associations in a general Convocation , than by another Model ? But enough of this Subject . Let any Man peruse the learned Archbishop Vsher's Treatise of Presbytery and Episcopacy reconcil'd , and there they will find that the difference is not so great as some People have made it their business to make the World believe . But if nothing less than our destruction will serve those Gentlemen , because our Church is of a different Constitution from that of England , and that our political Principles and original Constitution are diametrically opposite to arbitrary Power , let the Dissenters of England , and all those Church-men that concurr'd in the late Revolution , look to it . When their Neighbour's House is on fire it's time for them to prepare their Bucket's . If this Digression be thought impertinent , H — s and the Answerer of the Scots Defence must bear the blame of it . They would insinuate to the World that the Affair of our Trade and Colony is a Presbyterian Project , on purpose to render it odious and suspected to the Church of England ; therefore it was necessary to obviate that false and malicious Suggestion , and to acquaint our Neighbours that the Company make no difference as to the matter of Perswasion : and let it be put to the Test when they please , it will be found that those of the Episcopal Opinion are as zealous for the thriving of our Trade , and the Honour of our Nation ( both of which are concern'd in this Affair ) as any of the other . To wind up this matter , if any Party in England entertain suspicions of us , the better way to prevent us is to treat us kindly , and enter into an Union with us on such Terms as his Majesty and the Parliament of both Kingdoms shall agree , and so as the Civil and Religious Liberties of both People may be preserved . That will be easier and safer than to relie on the Hopes of an uncertain Conquest ; or if they don't think fit to do so , it 's but reasonable they should leave us in the undisturb'd possession of our own Liberties : But if they will do neither , let them no more accuse those that complain of this Treatment as Incendiaries , but seriously examine whether they themselves mayn't with more Justice be accounted Oppressors . PART II. Being a more particular Answer to H — s's Libel . WE come in the next place to take a Survey of H — s Libel , intituled , The Defence of the Scots abdicating Darien ; and shall speedily shew to how little purpose his Suborners have spent their Pains and Mony on him . The first Line of his Performance is a Banter upon his Majesty , whom he charges with investing our Company with immense Privileges and Immunities by his Octroy of 1695. There 's no Man can be answerable for more sense than God has given him ; but tho H — s understood no better , his Masters at White-hall , of whom he brags so much , ought to have taken care that he should not run into Nonsense , and an Invective against his Majesty at first dash : To talk of granting us immense Privileges , is to impeach his Majesty's Wisdom , as if he had done a thing without parallel , which is directly to incense the Kingdom of England against him , as some bad People indeavour'd to do , when by a Misrepresentation of our Design , they stir'd up the House of Commons against it . But had the Surgeon or his Suborners look'd into the Privileges of 21 Years freedom from all manner of Taxes granted to the Dutch East-India Company by the States of Holland , and the vast Immunities granted by the French King , the Danes and Brandenburghers to their Companies for trading to the East-Indies , or even to those granted to the English East-India Company at first , they would have found there was no reason to charge his Majesty with granting us such immense or unparallel'd Privileges , or ascribing it to his not well knowing what he did for the noise of the Guns at Namur , as this petulant Scribler does . Dedication , pag. 9. But if H — s and his Suborners exclaim against our Privileges as immense , they are resolv'd to diminish the Authority by which they were granted , and call it only by the name of an Octroy , which signifies no more than a Patent ; whereas our Privileges were granted us by an Act of Parliament , which are greater and more sacred than all the Octroys in Europe : Thus thro Ignorance or Malice they think fit to vilify his Majesty's Conduct and Authority , which they pretend to defend . Their Malice is further demonstrated by the Parenthesis ( to be presum'd ) in the 2 d page of the Decation , where they speak of his Majesty's Promise to interpose his Royal Authority to do us right in case of disturbance , and that at the publick Charge ( to be presum'd ) of his antient Kingdom . There might possibly have been some need of their presumption , had all Mankind been indow'd with as little Sense and Honesty as H — s and his Suborners ; for no other Body could ever presume it to mean any thing else , since our Acts do not oblige England : tho if they had presum'd that our Enemies would take care that the said Promise should not be kept , the refusal of lending our Company the 3 Men of War built at the Charge of our own Nation , would soon have convinc'd the World that they had presum'd too true . We have accounted for rejecting Mr. Douglas's Proposal elsewhere ; nor shall we take notice of H — s's scurrilous Reflections on Mr. Paterson , which only discover his own Temper , but do that honest Man no hurt . As to his charging us with squandring away 50000 l. on 6 Hulks at Amsterdam and Hamburgh , purely to make a noise of our Proceedings , &c. we would desire him and his Suborners to reconcile it with what they say from p. 14 , to 20. where they own themselves that the Dutch and Hamburgers were both mightily pleas'd with the Design , p. 14. That the Dutch were tickled with the Conceit that they should be Sharers in the Scots Trade ; and p. 16. they say , That that which gave the dead stroke to the Scots Design , was the East and West-India Companies running open mouth'd to the Lords of Amsterdam , shewing what was hatching by the Scots Commissioners in their City to ruine the Trade of the Vnited Provinces . P. 17. they tell us , That the Hamburgers thought it the more their Interest to embrace the Project , the more that the Dutch oppos'd it : P. 18. That our Affair was generally favour'd by the Burgers of Hamburg ; and p. 21. That the Government of England sent the Senate of Hamburgh a Caution by Sir Paul Ricaut to take care how they suffer'd their Burghers to embark with us . So that here we condemn them from their own mouths : It being plain from those Concessions , that we did not idly squander away our Money at Hamburgh and Amsterdam ; but that both those trading Cities approv'd our Design , and would have engag'd in it , had not the Court of England and the Dutch oppos'd it ; and therefore what loss of Mony we sustain'd in those places , must be charg'd to their Account ; so that H — s hath verified the Proverb , That Liars have need of good Memories . This is not the only Instance wherein those of H — s and his Suborners have giv'n them the slip ; for in the 4 th page of the Dedication , they upbraid the Company with their blind Project , at which the trading part of the World stand amaz'd ; yet p. 17. they tell us that the Project was reasonable both on the Scots and Hamburghers side ; and the Reasons they give are these , That the River on which that City stands is navigable for 200 Miles up into Germany for flat-bottom'd Vessels of 70 or 80 Tuns , which gives them an opportunity of serving all the North Parts of the Empire , &c. All that they can say to salve this Contradiction is , That the Hamburghers knew nothing of Darien , but builded altogether on Ships laden with India Goods ; but that 's a notorious Falshood , for the Hamburghers were actually told that our Design was on the Isthmus of America , and therefore could not be disappointed in their Expectations of an East-India Trade if they had a mind to have follow'd it , since they could not be ignorant that they had thereby an opportunity of shortning the Voyage from Darien to the East-Indies . But at the same time it is much to be question'd whether the Hamburghers were so intent upon an East-India Trade , as H — s alledges , since it must visibly prejudice their own Manufacture of Linen . We shall conclude this of Hamburgh and Amsterdam with one Observation , viz. that he tells us , p. 14. That one of the Reasons why the Dutch were so much taken with our East-Indian Trade , was our Exemption from Duties for 21 years ; which serves only to discover his own Folly and Malice , since every Body must necessarily know , that exemption from Duties was only in the Scotish Ports ; so that if they were exported from thence into any other Country , they must pay the same Duties in those Countries , as if they had been directly imported from the East-Indies . The Inconsistency of H — s and his Suborners is further demonstrated , p. 4. by supposing our buying a couple of second-hand Ships in the Thames , and dispatching them to India with a sutable Cargo . As to the buying of second-hand Ships , the Company made that Experiment ; but found themselves losers by it , and that it cost them more to sit up a second-hand Vessel for their purpose , than it would have done to have bought a new one . But with what Front can they upbraid us with not buying of Ships in the Thames for carrying on an East-India Trade , when they own , p. 7. that the House of Commons baulk'd us of our Subscriptions , and reprimanded the Subjects of England for their foolery ? How is it possible then that they would have suffer'd our buying Ships in the Thames for carrying on an East-India Trade ? We have another proof of his Ingenuity and Truth in that same Page , where he tells us , that if our blind Project ( meaning that of Darien ) should miscarry by our own ill Management , it is not fair me should snarl at our Neighbours , who have no other Hand in our Misfortune , than that they would not be accessary to any All which the World might judg Felonious , and wherein they could not join without engaging themselves in an unreasonable War , and in the end to assist us with Weapons to break our own Heads . We wish his Masters much joy of their Advocat and Evidence , for we believe they could not have found such another if they had searched through all the Island : He just now own'd that our Neighbours opposed our Subscriptions at home and abroad , before they knew any thing of what he calls our blind Project , and made us squander away 50000 l. to little purpose , which certainly must be a misfortune , and that wherein our Neighbours had no small hand , tho the World could not judg our taking Subscriptions in that Honourable manner to be any way Felonious . We have moreover sufficiently proved it elsewhere , that they have had a hand in our Misfortune by down-right opposition , and unaccountable Proclamations for which they had no Authority ; we hope that this will be allow'd to be something more than refusing to be accessary to an Act that neither he nor his Suborners will ever be able to prove Felonious , and which we have already told him , the Laws of England have in a parallel , nay much worse case , judg'd to be honest and righteous . So that all this Author hath got by his charging us maliciously with Felony , is to prove himself a wilful Felon , for he tells us at the end of his Book of a long dispute betwixt himself and Sir I. Stewart his Majesty's Advocat for the Kingdom of Scotland , about the Title of the Spaniards to Darien ; and if we may believe H — s , he baffled the Advocat , and prov'd the Right of the Spaniards : which proves himself to have engaged in a Design that he thought Felonious , for we do not find , by his own Relation , that he left the place from remorse of Conscience , but only on the Account of a Malladie Imaginaire , and want of Provisions ; so that we thank him for telling the World , from his own Mouth , that his Evidence against us is that of a Felon . As to their engaging themselves in an unreasonable War , and assisting us with Weapons to break their own Heads ; we did not desire they should engage in a War for us , but think it very unreasonable the English Court should have engaged so far as they have done against us : It had been sufficient for them to have denied us their Assistance , without having condemn'd us as guilty of breach of Alliance , which , as all the other parts of the opposition made to us , we are satisfied is not the Act of the English Nation , and therefore can create no misunderstanding betwixt them and us , but perhaps may prove a Weapon in time to break the Heads of H — s and his Suborners . In the 5 th Page , that his Book may be all of a piece , he advances a forg'd Obligation upon us , from the Union of the Crowns , which is , that we are thereby deliver'd from the daily Feuds and bloody little Wars that rag'd amongst us for 1900 years , which unnatural Massacres our native Princes were unable to suppress , &c. This is down-right falshood in matter of Fact ; for those Feuds , as he calls them , ceas'd in the Lowlands long before the Union , but continue still in the Highlands , which we can scarcely think is unknown to our Author who was born so near that Country as Dumbarton . The Macdonalds have been several times in Arms against the Earl of Argile since the Restoration , and there 's a Feud now depending between the Frazers and the Murrays , or rather the Family of Athol . Nor did we ever hear of any thing that look'd so like an unnatural Massacre in Scotland as that committed since the Revolution upon the Inhabitants of Glenco , which had it not been for the Union of the Crowns , would not have been suffer'd to go unpunished . But admitting it to be true , that the Union had deliver'd us from those little Feuds , we are no gainers by the Bargain , since it hath occasion'd greater ; particularly that unnatural Feud which rag'd so long betwixt the Episcopal Party and Presbyterians , and had its rise altogether from the Union of the Crowns ; the very prospect of which , was the sole cause why the Earl of Morton ( when Regent ) set up the first Protestant Bishops in Scotland . Into what Couvulsions that Imposition threw the Nation is well enough known ; and how besides the bringing down K. Charles I. with 30000 Men against our Kingdom , and contributing to engage the Nations in a Civil War , it occasioned King Charles II. to plunder the West of Scotland , first by Sir Iames Turner , which gave rise to the Insurrection at Pentland ; and twice afterwards by the Highland Host , which occasion'd that of Bothwel-Bridg : And afterwards the Oppression run so high , that it forc'd some of the Presbyterians into unaccountable Actions , which gave occasion to oppress the whole Party ; so that it was made punishable by Death for any of their Ministers to preach , or for the People to hear them . From this indeed , we were totally delivered by the Revolution , tho our freedom in that respect was partly begun by the late King Iames's Declaration . But our Enemies , unwilling that our Nation should be long at ease , have found other Methods to set our Court against us : And because they know that his present Majesty has too great a Soul to persecute any man on the account of Conscience ; our Enemies have chang'd their Battery , and instead of pointing their Cannon at our Religion , they level them against our Civil Liberties . The Powder they prime their Artillery with , is , That we are Enemies to Prerogative : But because this would not go down with the good People of England , who are strenuous Assertors of Liberty and Property , they must gild it over with the specious Pretence , that we have a design to undermine their Trade , and have unjustly invaded the Spanish Dominions . This is the Design of H — s and his Suborners ; and therefore they insist so much on our Clandestine Declarations , as they call them , that we publish'd in the English Plantations , on purpose to drain them of their People ; but unhappily overthrow what they advance at the same time , when they tell us , That the Jamaica Sloops were Witnesses that we had neither Provisions , nor Money for the sustenance of our own People , pag. 148. And therefore it cannot reasonably be suppos'd that we had any such design as he maliciously charges us with , to draw over the People from the English Plantations , since we had not wherewith to support our own ; but more of this anon . Our Author learn'd the Maxim of Calumniare audacter & aliquid haerebit , when he was a Papist : And if he and his Suborners can be any way instrumental to set the Nations together by the Ears by this Method ; or if that fail , if they can but raise Animositys between them , they know it will be a good pretence for some People to put his Majesty upon pressing for a Standing Army , and perhaps for having it enlarg'd , it being necessary , say they , to overaw the Scots , but in reality to protect such evil Counsellors from being brought to Justice , that have advis'd to such Measures as visibly tend to the disadvantage of both Nations . It may perhaps be worth the Enquiry of our Neighbours whether this be not the real meaning of this intolerable Oppression exercis'd upon our Nation as to their Trade both at home and abroad , viz. that knowing our praefervidum Ingenium , as they are pleas'd to call it , to be impatient under Tyranny , the Faction think thereby to provoke us to a resentment that may give occasion for raising an Army against us ; which if it have the good hap to subdue us , or force us to digest our Oppression without any more to do , shall be made use of afterwards to chastise themselves , and bring them to better Manners , then to limit their Monarchs in their Grants , and leave them no other Troops but their Garisons and Guards . It was the Observation of the Earl of Shaftsbury , whom his Enemies will own to have been a great Statesman , that Scotland is a Door to let in Good or Evil upon England ; which is verified in the latter at least by the whole Course of our History since the Union : for when K. Iames I. succeeded in trampling upon us , he quickly began to huff his Parliaments in England ; and notwithstanding all the Remonstrances of Church and State , would needs have a Popish Match for his Son , tho he should sacrifice the Great Sir Walter Rawleigh , his own Daughter the Queen of Bohemia , and her Children , together with the Protestant Interest in Germany , to make way for it . When Charles I. obtain'd footing for his Impositions on the Church and State of Scotland , it 's well enough known what Methods he took with England , and how he sacrific'd the Protestant Interest in France , whilst he eagerly pursued an Arbitrary Sway at home . When Charles II. got his Prerogative exalted , and an Army at his Call allow'd him in Scotland , it 's too late to be forgotten how he trod under foot the Liberties of England , seiz'd the Charters of their Cities , cut off whom he would by Sham-Plots , and pav'd the way for Popery and Arbitrary Power . When K. Iames II. did by his absolute Power and unaccountable Authority cass and annul all the Laws establishing the Reformation in Scotland ; it was not long e're he suspended the Laws , imprison'd the Bishops , and fill'd with Papists his Council , Army , and Universities in England . From all which it is evident that our Neighbours have reason to look to themselves when we are oppress'd ; for in all probability their Acts of Parliament will not be long regarded , when ours are annull'd and made void by the Intrigues of the Courtiers , and West-India Proclamations . The very Advocats of Tyranny make use of this as their Herculean Argument , That the People having once resign'd their Privileges to the Crown , have no more right to demand them ; which tho we will not allow to be any ways concluding , yet we may very well make use of it ad hominem , that a pari ratione , when once a Prince has touch'd with his Scepter a Law for the benefit of his Subjects , it is not in his power to revoke or counteract it ; or if he do , by the same Power that he absolves himself from his Obligation to protect and defend his Subjects , he absolves them from all obligation to pay him any Revenue or Allegiance . This is the Birth-right of all Scots-men ; and if our Neighbours in England have a mind to sit still , and see us bereft of it , all the benefit they can expect from it , is to have the Privilege of being devour'd last . The rest of his Banter upon his native Country serves only to lessen his own credit , and to make even those that set him at work , curse him in thought , not only as a Monster in nature , but as dishonest to them , by depriving them thus of the benefit of his Evidence , for which they have paid him so well ; since no body in the world can think a man will have any regard to Truth , that in such an impudent manner breaks thro all the Ties of Nature ; and as a just Judgment for so enormous a Crime , is so far depriv'd of his reasoning Faculty , that he is not fensible of his cutting his own Throat , by contradicting himself almost in every Paragraph . He upbraids us in one Page with not having dar'd to descend into the Plains , and that those gallant Men our Ancestors durst not assemble for Worship before the Union , except in a House whose Wall was twelve or 14 foot thick , or to whisper their Prayers or Carrols thro the Cliffs of the Mountains : In the next Page he tells us he has no Inclination to offer any thing in opposition to the Gallantry of our Ancestors ; and in some Pages following he impertinently ridicules the Valour of our Country in the Story of Baliol , which he perverts in such a manner , as no man but himself is capable of . We don't think it worth while to answer him according to his Folly , but shall once for all let him know , that the most invective of the English Historians , that wrote in the heat of the War , do us more Justice than this unnatural Renegado . There 's no Nation in Europe , where we have not given proofs of our Valour , nor is there a Court in Christendom where Scots-men are not valued on that account . Sam. Daniel , one of the best of the English Historians , owns that never any People of the World did more gallantly defend their Liberties than we did in that very instance of Baliol , when we were without a Head ; and from thence infers , what was it we could not have done , had we been then under the conduct of such a Leader as K. Robert Bruce . Speed , one of the gravest of the English Historians , does generously own , that few great Actions have been perform'd in Europe , where the Scots have not been with the first and last in the Field . We could easily give a proper Reply to the impertinent Romance which he brings about Baliol , that would tend as much or more to the dishonour of Edward I. II. and III. than any thing that he and his Suborners have suggested can tend to the dishonour of our Nation ; but we forbear it , having no design to reflect upon our Neighbours , notwithstanding the rude Treatment and Provocation that we have had from H — s , and others on this occasion . We can , without thinking our selves injur'd , own that the English are as brave Men as any in the World , and are satisfied , that such of our Neighbours as are Men of Honour and Reading , will allow us the same Character . We perceive it is the design of this Libeller and others to represent the English Nation as Enemies to us in this matter , on purpose to set us together by the Ears ; but we are satisfied of the contrary , as well knowing that not a few of our good Neighbours are much surpriz'd and displeas'd with our Treatment , and look upon the same to be the effect of such Councils as are destructive to the Interest of both Nations . We shall conclude this point with one Observation more upon H — s's Ignorance and Malice , in denying that the Scots expell'd Baliol from the Crown , when such a noble Monument of the truth of it , as the original Letter of the States of Scotland , is still to be seen in the University of Oxford , and exemplify'd by Dr. Burnet now Bishop of Sarum , in his History of the Reformation ; and since it is also plain that our Ancestors chose Robert Bruce King during Baliol's Life-time , and that Baliol at last resign'd all his Pretensions , confess'd his Fault in subjecting the Crown of Scotland to that of England , own'd that he was deservedly thrust from the Throne for it , congratulated his Kinsman Robert Bruce's Advancement , and that he had restor'd the Crown of Scotland to its antient Honour . We take no notice of his profane and atheistical Banter upon the Religion of our Country , as being satisfied that that will do his Cause no good amongst thinking men , tho it may please those that he is only fit to converse with . As for his malicious charge on Presbyterians , that they maintain it as their Principle , That Dominion is founded on Grace ; it 's of a piece with the rest of his Evidence . He and his Suborners will be very hard put to it to quote one of their Authors to prove the Assertion , and therefore they may well reject it as a slander ▪ but we must tell him that if this be the Principle of the Presbyterians , they have not well answer'd it by their practice ; for whenever they had any such thing as Dominion at their disposal , they seldom had the good hap to confer it upon those that had Grace enough to answer the ends of it . We forbear Instances , because it 's too well known both in France and Great Britain . We come next to examine his Charge upon our Colony on purpose to render them odious to the English Nation , and all the World , and shall transcribe it verbatim , that the reason of our Observations upon it may be the more obvious . His words are these . If your Colony has left Darien for Reasons not as yet public to the World , 't is your fault , Right Worshipful Gentlemen , in undertaking to manage a Project you so little understood , and not of the English Nation , whose Interest it is to advance and preserve their own Colonies , and to keep them from being render'd desolate by the clandestine Artifices of yours , who industriously and tacitely spread their Declarations over all the English Islands and Plantations , making use of the King of Great Britain's Name , to give more authority to the thing : And by those indirect Manifestos , such Profits , or rather Plunders were insinuated , that if the Government of England had not taken early measures to prevent the ill Consequences , it 's to be question'd whether the greatest part of the English West Indies had not e're now quitted their Settlements , and been decoyed into your Colony , under a cover'd Notion , that you had a Patent from the King to pick a quarrel with the Spaniard , and to divide the Spoil of Mexico and Peru amongst the Servants and Adventurers of the Company . This indeed is something to the purpose , and might deserve the Suborners Mony , were there no possibility of proving it false ; but we shall see anon what ground there is for this bold Accusation , after observing , That perhaps some Gentlemen at the West end of the Town may find at long-run that their Evidence has blab'd out something more in this Paragraph than it 's for their Interest the World should know . We will only ask Mr. H — s some civil Questions : What are those Reasons not as yet publick to the World , for which our Colony left Darien ? Sir William Beeston's Letter acquainted us that it was for want of Provisions , and for fear of the great Preparations by the Spaniards : The Letters we have had since from New-York say , that it was for want of Provisions , and because they were brought to their wits end , and did not know what to think of their Case by reason of the English Proclamations . Then since the very first of these , and much more all of them together , were reason sufficient , and are publick to the World , What other private reasons can Mr. H — s give us for it ? We know he boasts of his Interest in those that are concerned in the Secrets of the West End of the Town : Did they tell him then that the Government of England took early Measures to prevent the ill Consequences of our Colony ? If they did so , pray what were those Measures ? Was the sending of Capt. Long thither to debauch our Men , traduce us to the Indians as Pirats , and to tell them his Majesty of Great Britain would not protect us , one of those early Measures ? Was not their solliciting a foreign Minister to present a Memorial against our Colony as soon as ever the News of it arriv'd , another ? And was not this the reason why they put it upon that Minister , and not upon the Spanish Ambassador , that the latter had been forbid coming to Court , because his Catholick Majesty would not admit of Schonenburg the the Iew as Envoy from the Dutch ? Were not the Enemies of the Scots Company so zealous in promoting that Memorial , that they could not have patience till orders came from Madrid , but put the Envoy upon it of themselves ? And when a Controversy happen'd about receiving it signed or unsign'd because of the difference betwixt the two Courts , did not our Enemies agree to it as an Expedient , that one of both sorts should be presented ? Was not this abominable trifling upon a point of Honour , when they were plotting to bereave the Kingdom of Scotland of their Honour , Men , Mony , and Colony all at once ? Were not these more clandestine and indirect Artifices to destroy our Colony , than any he charges upon us to destroy the English Colonies ? Having ask'd Mr. H — s more Questions than he and his Suborners dare positively answer , we come next to deny his Charge upon our Colony , as being malicious and absolutely false ; for which their own Declaration shall be our Evidence , and is as follows . CALEDONIA : The Declaration of the Council constituted by the Indian and African Company of Scotland , for the government and direction of their Colonies and Settlements in the Indies . THE said Company pursuant to the Powers and Immunities granted unto them by His Majesty of Great Britain , our Soveraign Lord , with Advice and Consent of His Parliament of Scotland , having granted and conceded unto us and our Successors in the Government for all times hereafter , full Power to equip , set out , freight , and navigate our own or hired Ships , in warlike or other manner , from any Ports or Places in amity , or not in hostility with His Majesty ; to any Lands , Islands , Countries , or Places in Asia , Africa , or America ; and there to plant Colonies , build Cities , Towns or Forts , in or upon the places not inhabited , or in or upon any other place , by consent of the Natives or Inhabitants thereof , and not possest by any European Soveraign , Potentate , Prince , or State ; and to provide and furnish the aforesaid Places , Cities , Towns , or Forts , with Magazines , Ordinance , Arms , Weapons , Ammunition and Stores of War ; and by force of Arms to defend the same Trade , Navigation , Colonies , Cities , Towns , Forts , Plantations , and other Effects whatsoever ; and likewise to make Reprizals , and to seek and take reparation of damage done by Sea or by Land ; and to make and conclude Treaties of Peace and Commerce with Soveraign Princes , Estates , Rulers , Governours or Proprietors of the aforesaid Lands , Islands , Countries , or places in Asia , Africa or America . And reserving to themselves five per Cent. or one twentieth part of the Lands , Mines , Minerals , Stones of value , precious Woods , and Fshings , have further conceded and granted unto us , the free and absolute Right and Property in and to all such Lands , Islands , Colonies , Towns , Forts and Plantations , as we shall come to , establish , or possess in manner aforesaid ; as also to all manner of Treasures , Wealth , Riches , Profits , Mines , Minerals and Fishings , with the whole Product and Benefit thereof , as well under as above the Ground , as well in Rivers and Seas as in the Lands thereunto belonging ; or for or by reason of the same in any sort , together with the right of Government and Admiralty thereof ; as likewise that all manner of Persons who shall settle to inhabit , or be born in any such Plantations , Colonies , Cities , Towns , Factories , or Places , shall be , and be reputed as Natives of the Kingdom of Scotland . And generally the said Company have communicated unto us a Right to all the Powers , Properties and Privileges granted unto them by Act of Parliament , or otherwise howsoever , with Power to grant and delegate the same , and to permit and allow such sort of Trade , Commerce and Navigation unto the Plantations , Colonies , Cities , and Places of our Possession , as we shall think fit and convenient . And the chief Captains and supream Leaders of the People of Darien , in compliance with former Agreements , having now in most kind and obliging manner received us into their Friendship and Country , with promise and contract to assist and join in defence thereof against such as shall be their or our Enemies in any time to come : Which , besides its being one of the most healthful , rich , and fruitful Countries upon Earth , hath the advantage of being a narrow ISTHMVS , seated in the heighth of the World , between two vast Oceans , which renders it more convenient than any other for being the common Store-house of the insearchable and immense Treasures of the spacious South Seas , the door of Commerce to China and Japan , and the Emporium and Staple for the Trade of both Indies . And now by virtue of the before-mentioned Powers to us given , We do here settle , and in the name of GOD establish Our Selves : and in Honour and for the Memory of that most Antient and Renowned Name of our Mother Kingdom , We do , and will from hence-forward call this Country by the Name of Caledonia ; and our selves , Successors , and Associates , by the name of Caledonians . And sutable to the Weight and greatness of the Trust reposed , and the valuable Opportunity now in our hands , being firmly resolved to communicate and dispose thereof in the most just and equal manner for increasing the Dominions and Subjects of the King Our Soveraign Lord , the Honour and Wealth of our Country , as well as the benefit and advantage of those who now are , or may hereafter be concerned with us : We do hereby declare , That all manner of People soever , shall from hence-forward be equally free and alike capable of the said Properties , Privileges , Protections , Immunities , and Rights of Government granted unto us ; and the Merchants and Merchants Ships of all Nations , may freely come to and trade with us , without being liable in their Persons , Goods or Effects , to any manner of Capture , Confiscation , Seizure , Forfeiture , Attachment , Arrest , Restraint or Prohibition , for or by reason of any Embargo , breach of the Peace , Letters of Mark , or Reprizals , Declaration of War with any foreign Prince , Potentate or State , or upon any other account or pretence whatsoever . And we do hereby not only grant and concede , and declare a general and equal freedom of Government and Trade to those of all Nations , who shall hereafter be of , or concerned with us ; but also a full and free Liberty of Conscience in matter of Religion , so as the same be not understood to allow , connive at or indulge the blaspheming of God's holy Name , or any of his Divine Attributes ; or of the unhallowing or prophaning the Sabbath Day . And finally , as the best and surest means to render any Government successful , durable , and happy , it shall ( by the help of Almighty God be ever our constant and chiefest care that all our further Constitutions , Laws , and Ordinances , be consonant and agreeable to the Holy Scripture , right Reason , and the Examples of the wisest and justest Nations , that from the Truth and Righteousness thereof we may reasonably hope for and expect the Blessings of Prosperity and Increase . NEW-EDINBVRGH , Decemo . 26. 1698. By Order of the Council , Hugh Ross , Secretary . We dare refer it to the Scrutiny of the nicest Observers , whether this Declaration infer any such thing as Plunder , or a Patent from the King to pick a Quarrel with the Spaniards , and to divide the Spoil of Mexico and Peru ; what clandestine Artifices are here to be found to drain the English Plantations , and wherein does it interfere with the Interest of England , any more than all free Ports must of necessity interfere with their Neighbours ? We wish that our Author would inform us how publick Declarations according to Act of Parliament can be call'd clandestine Artifices , and defy him and his Suborners with all their art to find any thing pretended to in this Declaration , but what the Colony has a right to by Act of Parliament . The only thing this malicious Scribler can wrest to his Purpose in the Declaration , is the Colony's publishing that all manner of Persons , of what Nation or People soever , &c. should be equally free , and alike capable of the same Privileges with themselves , &c. which are the express Words of the Act of Parliament ; and therefore supposing that the said Declaration should have influenc'd some People to come over to them from the English Plantations , the Colony could not be any ways blam'd for it . Qui utitur jure suo nil damni facit , is a known Maxim in Law. The Libeller's Malice is not satisfied with reflecting upon our Colony , but flies on the face of the greatest part of the English in the West-Indies , as if they had so little Honour or Love for their native Country , as to lay their own Plantations desolate , and run over to ours . Indeed if most of them be such Persons as himself , there might be some ground for the Reflection ; but till it appears to be so , we must beg Mr. H — s's leave to have a better opinion of them . No Man fo sense can believe that those who found themselves at ease in the English Plantations , would be fond of removing to a new Colony ; but if others who are at their freedom had a mind to do so , we know of no reason they should be hinder'd . The Subjects of England are a free People , and not confin'd to their own Dominions , but have liberty to trade and live elsewhere , if they find their account in it . There 's no man can blame the Scots for publishing their Declaration throughout the West-Indies , the thing being absolutely necessary in it self , and the natural Practice of all new Settlements to acquaint the World with the nature of their Design , and on what Terms they may have Commerce with them . We hope our Author and his Suborners will not say that the Subjects of England might not have traded with them for their own advantage , provided their Title had been unexceptionable : and seeing the Scots had reason to think it so , it was no act of unkindness in them to let the English Plantations know that they should be very welcome to trade to Darien ; and how this could be done so properly , and with so much effect as by Declaration , our Author would do well to acquaint us . The Gentleman and his Friends are very angry that we should have made use of the King of Great Britain's Name to give the more Authority to the thing . We would very fain know their Reasons , why it is not as lawful for the Scots to make use of that Name as the English ; and at the same time must take leave to tell the Renegado and his Whitehall Friends , that all this Venom they have spit at the Scots Colony is a virulent Invective against his Majesty . He impower'd them to do what they accuse them for by Act of Parliament : and because our Antagonists have a mind to say that this Octroy , as they call it , was destructive to the Trade of England , they find themselves oblig'd to make an Excuse for the King , viz. that the honest Gentleman meant no harm at the granting of it ; for it is to be believ'd , that he could scarce bear what was whisper'd for the noise of the Namur Guns , which is in plain English , he gave his consent to he knew not what . A noble Defence , for which his Majesty is oblig'd to them ! But Banter and Blasphemy they were fully resolv'd on ; and so they had but a Subject , they car'd not what . Nor Adam , nor David , nay nor the Almighty himself shall escape them ; but his Commission to the Hebrews when they departed out of Egypt , must come in to make up the profane Jest : thus Heav'n it self shall be charg'd at last with founding Dominion upon Grace , and giving the Elect a Divine Right to the Goods of the Wicked , after its being first thrown as a killing Reflection at the Heads of the poor Presbyterians . H — s will needs insist upon it in his Dedication , that our Project on Darien was so secretly carried on , that it was not known to England till the same Wind that brought the News likewise inform'd the Nation that the Scots were march'd over to Panama , and had planted 80 Guns against it ; but unhappily forgets himself , and tells us , pag. 7. of his Book that Paterson communicated it to some select Heads in England that were able to bear it . And we can tell him further , that it was so well known to some in England , that they sent Capt. Long the Quaker on purpose to prevent us , and to do us all the mischief he could ; and accordingly he was on that Coast a month before us , tho he did not land any Men till afterwards . As for the news of the Scots having planted 80 Cannon against Panama , it 's the first time we ever heard on 't , and therefore must charge it upon the Author amongst the rest of his Forgeries . There was indeed a Report brought over by the Dutch Gazetts , which we suppose was inserted on purpose by our good Friends in Holland to render us odious , that we had plundered Panama ; but that was a long time after the news of our arrival at Darien , and fram'd on purpose , as we have reason to believe , to justify the Proclamations that some Gentlemen at the West end of the Town had sent to the West-Indies against us ; for we know they can have what they please put in the Dutch Gazetts , and that perhaps may be one main reason why they have been altogether silent as to the matter in their own . But that which sufficiently discovers the falshood of this malicious Insinuation , as if we had a design to attaque Panama , or any other place belonging to the Spaniards , is , Mr. Paterson's Letter to his Friend at Boston in New-England ( and sent us thence in print ) dated at Fort St. Andrew in Caledonia , February 18. 1698 / 9. above fifteen weeks after the arrival of our Colony ; wherein he acquaints that Gentleman , That they had written to the President of Panama , giving him an account of our good and peaceable Intentions , and to procure a good Vnderstanding and Correspondence . The Letter it self is as follows . An Abstract of a LETTER from a Person of Eminence and Worth in Caledonia to a Friend at Boston in New-England . I Have received your kind Letter of the 26th of December last , and communicated it to the Gentlemen of the Council here ; to whom your kind Sentiments and Readiness were very acceptable . Certainly the Work here begun is the most ripened , digested , and the best founded , as to Privileges , Place , Time , and other like Advantages , that was ever yet begun in any part of the trading World. We arrived upon this Coast the first , and took possession the third of November : Our Situation is about two Leagues to the Southward of Golden-Island ( by the Spaniards called Guarda ) in one of the best and most defenceable Harbours perhaps in the World. The Country is healthful to a wonder , insomuch that our own Sick , which were many when we arrived , are now generally cured . The Country is exceeding fertil , and the Weather temperate : The Country where we are settled , is dry , and rising ground , Hills but not high ; and on the sides , and quite to the tops , three , four or five foot good fat Mould , not a Rock or Stone to be seen . We have but eight or nine Leagues to a River , where Boats may go into the South-Sea . The Natives for fifty Leagues on either side are in intire friendship and correspondence with us ; and if we will be at the pains , we can gain those at the greatest distance . For our Neighbour Indians are willing to be the joyful Messengers of our Settlement , and good disposition to their Country-men . As to the innate Riches of the Country , upon the first information , I always believed it to be very great ; but now find it goes beyond all that ever I thought , or conceited in that matter . The Spaniards , as we can understand , are very much surprized and alarm'd , and the more that it comes as a Thunder-clap upon them ; having had no notice of us , until three days after our arrival . We have written to the President of Panama , giving him account of our good and peaceable Intentions , and to procure a good Vnderstanding and Correspondence ; and if that is not condescended to , we are ready for what else he pleases . If Merchants should once erect Factories here , this place will soon become the best and surest Mart in all America , both for In-land and Over-land Trade . We want here Sloops and Coasting Vessels ; for want of which , and by reason we have all hands at work in fortifying and filting our selves ( which is now pretty well over ) we have had but little Trade as yet ; most of our Goods unsold . We are here a thousand one hundred Men , and expect Supplies every day . We have been exceeding unhappy in losing two Ministers who came with us from Scotland ; and if New-England could supply us in that , it would be a great and lasting Obligation . Fort St. Andrew , February 18th , 1698 / 9. A farther proof of the Falshood of this Insinuation is Capt. Pennicook's Journal sent to the Company over England , and dated Decem. 28 th , almost two months before this Letter to New-England , wherein they give an account of the Information they had from several hands , that the Spaniards were marching with 900 men from Panama to attacque them by Land , whilst their Men of War were to attacque them by Sea ; upon which they did all they could to put themselves in a posture of defence against them , so far were they from any design of marching towards Panama . The matter being so , H — s's Suborners have lost their Argument from this Topic also , to justify their proceedings against us . He goes on to tell us , That England had no reason to go to War with the Spaniards on the score of our Company , who besides all the Loss of their Trade , must throw away more English pounds ( thrice over ) than there 's Scotch in our Capital Stock ; and he will leave it to any Man of half an ounce of Politicks to find out the Iest on 't , save this Hot-headed Author of our Colony's Defence . Mr. H — s and his Suborners may please to know , that we neither desir'd nor expected that England should go to War with the Spaniards on the account of our Company ; and had as little reason to expect that a Faction in England ( for we will not be so unjust as to charge it upon the Nation ) should go to War with us on account of the Spaniards , before we could be heard in our own defence ; we mean that Proclamations should have been publish'd in the West-Indies , inferring that the King of England has a power to declare that to be a breach of the Peace that is done by the Authority of the King of Scotland ; that they should thereby forbid their Subjects of England to entertain any Commerce with us , refuse us Provisions for Commodities in our distress , except we will bring our Ships under the Guns of their Fort at New-York ; punish their Subjects for entertaining Commerce with us , and threatning to lay the Commanders of our Ships in Irons if they offer to put in for Refreshment , or to refit after a Storm , as they did to Capt. Iamison at Nevis . That this wants very little of going to War with the Scots , we believe most thinking men are very well satisfied ; but whether it be so or not , we will venture to tell the Renegado and his Suborners , that by this kind of Procedure against the Scots , as if we were Servants and Subjects to England , some Gentlemen in and about White-hall have giv'n the Spaniards just occasion to make War upon England if they were able , or at least to make Reprisals upon the English for the damage they pretend to have suffer'd from the Scots , whom the English Court by this sort of Treatment have declar'd to be their Subjects ; whereas if they had not invaded the Soveraignty of Scotland , the Spaniards could have had no such pretence . Now whether men that had been endow'd with a quarter of an ounce of Politicks would have been guilty of such a false step as this , let our Author's Suborners determine . And besides , we must tell them , that the Men whom Capt. Long had set ashore with Capt. Diego in the Gulph of Darien , committed the first Hostility on the Spaniards , and kill'd seven of them , with a design , for any thing we know , to trapan us into a War with the Spaniards , since one of the same Fellows came to our Colony afterwards for Powder and Shot , which our Men wisely deny'd them , and told them they had done what they could not justify . The Author of the Defence of the Scots Settlement dos no where advise the English to a War with Spain on the score of our Company ; but gives such Arguments to prove that they had no reason to dread the Effects if Spain should make War with them on that Account , and that it was the Interest of England to have supported the Scots in that Settlement , as have not yet been aswer'd , and therefore we shall say nothing farther of it here . Our Author and his Friends are pleas'd to call our apprehensions of the Places being possess'd by the French bugbear Stories , because the French have another Game to play at present with Spain , or might have secur'd Carthagena when they had it in their Power ; and that if France or Holland had any such design , they may go sit down within a League of either side of our Colony with as good a Title as ours . But that the French are generally wiser than to lay out their Mony upon such Tools as this Author appears to be by his way of arguing , one would be apt to think he had touch'd some Leuidor's . Does he conceive that the French understood their Interest so little during the War that threatned their Ruine , as to settle a Colony in the West-Indies at a time when they stood in more need of them at home to defend their own Country , and cultivate their Ground and Vineyards ? Is it not known that their Design was on the Spanish Plate , in order to enable them to continue the War , and not on the Spanish Plantations , which they were in no Capacity to defend against the Spaniards and their Allies if they had at that time seiz'd any of them ? Does our Author and his Suborners think that L. XIV . did not understand his Interest better than to offer at a Settlement in the Spanish West-Indies , especially at a place of such Importance as Carthagena , and thereby have given the English and Dutch an opportunity of settling there themselves by coming to drive him out ? Could he think that the two Nations of Europe that have the greatest Naval Force , and were most concern'd of any to reduce him to reason , would sit still and suffer him to seize the Spanish Treasures , and by that means enable himself to bring all Europe under his Yoke ? It is impossible such a thought could ever enter into his mind ; and therefore he had very good reason to forbear keeping possession of Carthagena , since 't would have been the ready way to have spoil'd his future pretensions to the West-Indies in case of the K. of Spain's death , which every body then expected daily . And whenever it happens , if he die without Issue , as there 's great odds he will , we stand in need of better Guarantees than H — and his Suborners , that the Fr. King will not seize the Spanish West-Indies and Darien into Boot ; against which there are those who have studied Politicks as much as our Author , who are of opinion that the Settlement at Darien might have been no contemptible Barrier . The Scribler takes upon him to pass his word for his Majesty that the Scots Crown will receive no blemish or disreputation by his wearing it . We believe his Majesty will scarcely thank him for his Security , and we are satisfied our Nation will as little rely on it . But at the same time we must tell this Gentleman and his Suborners , that we had as little reason to suspect that K. Charles I. who was a Native of Scotland , would have dishonour'd our Crown so far as to order it to be brought to England ; and therefore it is not impossible for Princes to be over-perswaded by ill Council , to do such things as are inconsistent with the Honour of their Crowns . And thus some will venture to say , that the Crown of Scotland was no ways honour'd , when the Dutch Troops took place of the King of Scots's Guards ; and when the King of England takes upon him to condemn by Proclamations what the King of Scotland has approv'd by Act of Parliament and Letters Patent . The Scribler comes next to give us a taste of his Skill in the Brittish History he brags of so much , by telling us the Fate of some great Scots Families that swell'd beyond their Proportion . His Instances of the Cummins and Gouries sufficiently discover his Ignorance of the Scotish History . The former was indeed a very great Family , but are an inauspicious instance for him and those of his kidney , their ruin not being occasion'd by their Greatness , but by joyning with the Enemies of our Nation as this Renegado does . As for his Application of his Instances , it serves to discover the malicious Designs of himself and Suborners against the two greatest Families that are now left in Scotland . The kind treatment this Author met with from one of these great Men upon his arrival , after having deserted our Colony , would have oblig'd any but a Monster of Ingratitude to have forborn such a causeless and invenom'd Reflection , which nothing but ingrain'd Malice can suggest . We come in the next place to take a view of the Book it self . In the very first Page he owns he is no Friend to the Scots Company , and alledges he has more reason for it than those Skeletons that are starved to death . This we hope is sufficient to shew what credit is to be given to his Narrative , wherein tho he promises to keep close to matter of Fact , he abounds with blasphemous and impertinent Digressions : One of the first we shall take notice of , is his unmannerly Reflection on the City of London , pag. 3. as a place where Matter is never wanting to exercise plodding Heads . Which is so near a kin to the Language of the Faction that in the late Reigns aim'd at the destruction of that Noble Emporium , which deserves to be the Mistress of the Universe , that we cannot in the least doubt but it proceeds from the same Spirit . Of the same nature is his reflection , pag. 7. upon the London Subscribers , who came in so fast to the Scots Company , that he thought himself the happiest man that could get his Name first down in our Books : Which is a plain demonstration that those eager Subscribers thought the Design no way prejudicial to the Interest of their Country ; for upon enquiry it will be found , that most of them were such as had zealously appear'd for its Liberty in former Reigns . His malicious Reflection in that same Page , as if the Company had promis'd 20000 l. to Paterson , Smith , and Lodg , to engage Subscriptions in England and the Hans-Towns , is notoriously false : they had not one Farthing promis'd them , tho to be sure the Company would have rewarded them for their Pains and Service , as it was reasonable they should ; besides , it appears by the eagerness of the English and Hamburgers to subscribe , until they were prevented by their respective Governments , that there was no occasion for such a Bribe to bring in Subscriptions . His Reflection , pag. 8. of our printing the Address of the Commons at Edinburgh , but not the King's Answer , admitting it to be true , is so far from being criminal , that it rather argues the greatest respect imaginable for his Majesty , whom we would not lessen in the esteem of the People of Scotland , who knew they had a natural Right to claim and expect his Protection . His owning in that same Page , that the Company 's Books had not been long open'd in Edinburgh till 400000 l. was sign'd , and that all sorts of People ( whom he is pleas'd to express under the scurrilous denomination of poor , blind and lame ) crouded in with their Subscriptions , serves to confute his foregoing and following Reflections , That the Company was obliged to promise 20000 l. to procure Subscriptions , and to go where the Money lay , viz to Holland and the Hans - Towns ; especially since he owns himself , p. 10 , 19. That they were baulk'd of their Subscriptions in England and Holland , and had not one Groat of the Hamburgers Money . His Reflection upon Mr. Paterson , pag. 8. whom he blasphemously calls the Man Paterson , alluding to the Apostles calling our Saviour the Man Christ , is altogether false : he always propos'd the paying half the Subscriptions , and most of the Subscribers were resolved to pay the whole ; as it appears they have already a considerable part of it , by their having sent away three Convoys , and being busy in preparing a fourth . His Irreligious and Atheistical temper appears further by his reflecting upon their expecting good Returns by the old Cant of God's Blessing , as if it were possible to look for Success in any thing without the Divine Benediction , or ridiculous to express our dependency on it . But it seems his Suborners are resolv'd that our Nation shall be huff'd , banter'd , and blasphem'd out of all their Rights as Men and Christians . His next Reflection , p. 9. of our sending Persons to build six Ships of fifty Guns a piece at Amsterdam and Hamburgh , to prepossess the Dutchmen with a kind opinion of the Company , and thereby make it appear how willing we were to extend the warm Rays of our Octroy to people who deserv'd it better than our ungrateful Neighbours , is malicious to the highest degree . He and his Suborners very well know , that we could neither build nor buy in England , because of the opposition made to us there ; and since 't is known that they can build cheaper in Hamburgh and Holland than in England , our offering first to lay out our Money with our Neighbours , and not going beyond Sea till we were compell'd to it , is a proof from his own Mouth , that we had no other but friendly Intentions towards the English Nation . His Insinuation of the Difference betwixt the Kirk and Church Parties , about each of them imploying their own Instruments , shews more Malice than Wisdom ; since admitting People of different Perswasions into Companies is practised in all trading parts of the World , and particularly in England , where the Dissenters have no small share in all their Funds and Companies : but by this they may see what fair Treatment they are to expect , if H — s and his Suborners could get their wills . The old Popish Maxim would soon be brought into practice , that no man should have Leave to buy or sell , but he that is of the public Religion . His next Story of our Debate about entrusting any man that was fed on English Beef and Pudding with 20000 l. for the use of our Delegates abroad , is equally scurrilous and false . We trusted no man but Mr. Paterson with that Money , and did not think it fit that every Subscriber , but that only a special Committee should know how that Money was to be imploy'd . Nor can this be charg'd upon us as a piece of foolish Considence in Mr. Paterson , whom the Scribler owns P. 4. to have been intrusted with laying the Foundation of the Bank of England , tho ill rewarded for it . His malicious Calumny , that Mr. Paterson did afterwards form the Darien Project to be reveng'd on the English Nation , is sufficiently falsified by his and our first Offers to take in the English as joint Subscribers , after the said Project was actually form'd , and imparted to some select Heads , as he himself owns P. 7. As to Smith's cheating us of 8500 l. it was our Misfortune , not our Crime , as is manifest from our Diligence in recovering 4500 l. of it . This Renedo's saying P. 11. that Smith deservedly bubled us , argues himself to be as great a Cheat as Smith ; and there 's little reason to doubt , but he defrauded the Company as far as opportunity would allow him , when instrusted as Purser with their Stores from Hamburgh , and elsewhere , which he seems to own himself when he boasts of his bringing home as much Gold-dust from Darien , as any of the Counsellors , P. 149. His Assertion P. 14. that Capt. Gibson was cheated of the 2 per Cent Commission Money , is a shameless Falshood ; the Captain was satisfied , and rewarded to his own content . The next proof we have of the Ingenuity of this Renegado and his Suborners , is P. 15. where he tells us that Paterson being in Drink , babbled out a Secret of the Company at Camphire , viz. That their Act empowered them to give Commissions to any kind of People ( without asking their Nation ) to trade to the Indies under Scots Colours ; and that such People might dispose of their India Goods where they pleas'd , providing they made a sham Entry in Scotland . To say that this was a Secret of the Company , and in the same breath to inform the World that Mr. Paterson said , they were impowered to do so by their Act , which was every where publick , and in print , is like the rest of the Libeller's Inconsistencies : But his Suborners and he were so far transported with Malice , that they resolv'd to dress our Act of Parliament throughout in the disguise of a Cheat , and charge it upon the Company as secret Intrigues , without ever considering that the Act it self would discover their Falshood and Malice . The Clause of the Act is as follows : And that the said Company may , by virtue hereof , grant and delegate such Rights , Properties , Powers and Immunities , and permit and allow such sort of Trade , Commerce , and Navigation into their Plantations , Colonies , Cities , Towns , or Places of their Possession , as the said Company shall from time to time judg fit and convenient . These being the very words of the Act , the Dutch could not be impos'd upon in that manner by Mr. Paterson , if he had been so minded ; or had he been drunk , as the Libeller says , when he told the story , they must have been very weak men , that would offer to sign upon the words of a drunken man , without seeing the Act it self . It is not to be doubted but this Clause impowers the Company to allow such a Trade as H — s mentions ; and therefore it might be proper enough for Mr. Paterson to urge it as an Argument to engage Subscribers : but that he could do it in these Terms that H — s here sets down , there 's no ground to believe ; and therefore his Answer to those that would not sign but on that bottom , that the Company had no occasion to make use of that Power at present , was very proper . The Story of the sham Entry in Scotland , paying 3 per Cent. to the Company , and thereby underselling the English and Dutch 17 per Cent. is so void of all sense , that it would seem the Libeller and his Suborners were drunk when they suggested it . The Act does indeed oblige such Ships as were imploy'd by the Company to break bulk in Scotland , but lays no such Obligation upon those that they might impower to trade to their Colony : And considering what has been already said of the Drawbacks , that the Cargo of the said Ships was Custom-free no where but in Scotland , and that by his own concession they were to pay 3 per Cent. at least to the Company , how was it possible they could undersel the English and Dutch 17 per Cent. especially considering the vast Quantities that those two Companies buy at a time , and by consequence were like to have the prime Cost easier than our Infant Company ? After all this sham Story , he happens to tell the main reason of the Miscarriage of our Design in Holland , and perhaps of its doing so in England . The Dutch East and West India Companies , says he , complain'd to the Lords of Amsterdam that the Scots Commissioners were designing the ruin of their Trade . Which by the way shews that the Project of an American Trade was discours'd of by the Commissioners ; which the Libeller , it 's probable , would not have mention'd , had not his Memory given him the slip , and that he forgot he had formerly told us that the Darien Project was still kept secret . Why then should the Dutch West-India Company be so much concerned at our taking Subscriptions there , but that they knew we had a design on the Isthmus of America ? and therefore their East-India Company knowing also , that we being once Masters of a good Settlement there , it would have abridg'd the way , and made Voyages speedier to China , Iapan , the Philippine Islands , &c. where their Trade lies , they thought it might in time be dangerous for them , if that Isthmus should be possess'd by the Subjects of Great Britain . So that there 's no reason to doubt but they found Interest enough at the West end of the Town to lay as many rubs in our way as was possible to be done . P. 17. The Libellers give us another Evidence of their Candor and Ingenuity , when they tell us , The Hamburghers knew nothing of Darien , but builded altogether on Ships laden with India Goods , whereof their City and Port was to be the Receptacle and Mart , whilst Paterson wanted only Mony to raise Forces to overrun Mexico and Peru. But our Author and his Suborners ought to have consider'd , that since they have told us of the Fears of the Dutch West-India Company , we could easily infer , that the Project of the Isthmus could not be long conceal'd from the Hamburghers : That the Act it self would satisfy the Subscribers there , that the Company 's Ships must break bulk in Scotland ; and therefore they could not expect to be the Receptacle and Mart of our Stores : whatever they might hope for as to conveying the Merchandize to the Inland Places of Germany , they could not but think that we had Shipping of our own to carry our Goods to the Ports on the Baltick and German Sea. In that same Page they give us another hint to confirm our Suspicion that it is more from the apprehensions of our lessening the Dutch than the English Trade , that the Court have so violently oppos'd us , viz. that the Hamburghers by joining with the Scots had a prospect of worming the Hollander out of a good part of the German Trade . Which admitting to be true , the Hollanders had none but themselves to blame for it , since we offer'd to take them in as joint Subscribers before we made any Proposal to the Hamburghers ; nor is it any ways unreasonable in it self that Germans should have the preference of other Nations in trading with Germany . After a great deal of prophane Banter and ridiculing the sacred Text , he tells us that the Human Reason of our Disappointment was an unnecessary Paragraph in our Octroy , which occasion'd a great many English and Holland Speculations , viz. That in case the Company should be interrupted in their Trade , &c. the King had ingaged to interpose the Royal Authority to do them right , and that at the public Charge ; which , says he , Paterson and the rest insinuated in all Companies , That the King was to assist and defend them with his Ships of War , or otherwise , if there was occasion , and that out of his own Pocket , which they did not question to be English Coin. There 's no reasonable Man will think it unnecessary that a Prince should protect his Subjects in their Trade , either by his Men of War or otherwise ; and therefore this being a Clause of the Act of Parliament , it was no ways unnecessary to be put into the Patent : and we will adventure to tell H — and his Suborners that they who advis'd his Majesty to refuse our Company the three Men of War built at our own Charge , when they offer'd to be at the expence of maintaining them , have advis'd him to act contrary to the Trust repos'd in him as King of Scots , and to contravene this very Act of Parliament , and that which order'd those Ships to be built for defence of Trade ; than which there cannot be a more false step in Government : for when once People perceive that Princes have no regard to the Laws made for the protection and welfare of the Subject , they will naturally think themselves absolv'd from such as require their Allegiance , and support of the Soveraign . That Mr. Paterson , and the Scots Company should insinuate from the Octroy that we were to be assisted or defended by English Men of War or Money , is nothing but a mixture of Falshood and Malice . The Libeller owns that the Words of our Act cannot bear it , and the World knows that our Parliaments never pretend to dispose of English Ships or Mony ; and therefore no man of sense will believe this Renegado , when he says the Scots Company put that Gloss on the Text for their own advantage , since that had been directly to expose themselves . For we are not to suppose they could think the Dutch and Hamburghers so weak , as not to peruse the Act it self , which would soon have undeceived them : Therefore all those Reflections , which he pretends the English Traders to India made upon it , must vanish of course , as having no manner of Foundation . Much less can they serve to justify the Memorial given in at Hamburgh by Sir Paul Ricaut against our taking Subscriptions there : Which Memorial , tho minc'd by our Libeller , yet ev'n as he represents it , is against the Law of Nations , and indeed scarcely reconcileable to good sense ; in the first place to call our Agents private Men , who acted by the Company 's Authority , and according to Act of Parliament ; and in the next place to suppose that the Hamburghers could possibly join with us in hopes of English Protection , when the Opposition made to us by the Court of England was known all over Europe : nay the Scribler himself owns , P. 17. That the more Opposition the English and Dutch offer'd to the Project , the more the Hamburghers thought it their Interest to embrace it . This is sufficient to convince the Suborners that the next time they hire a Scribler to belie the Scots Company , they must be sure to pitch upon one that has a better Memory . His next Reflections P. 22 , 23. That our Ships were neither fit for Trade nor War , that our Cargo was not proper , that our main Design was the Buccaneer Trade , that above 10000 l. was deficient of the first Payments , and most of the Subscribers not able to raise their Quota , are equally false with the rest . The Ships for their Burden and Size , are as fit either for Trade or War as any in Europe . The Cargo of Cloth , Stuffs , Shoes , Stockins , Slippers , and Wigs , must needs be proper for a Country where the Natives go naked for want of Apparel , and fit to be exchanged for other Commodities , either in the English , Dutch , French , or Spanish Plantations . For Bibles we suppose our Libeller would rather we had carried Mass Books ; yet others will be of opinion , that 1500 of 'em was no unfit Cargo : Our own Colony might have dispens'd with that number in a little time ; nor were they unfit to have been put into the hands of such of the Natives , especially of the younger sort , that might learn our Language . For Hoes , Axes , Macheet Knives , &c. they were absolutely necessary for our selves , and a Commodity much valued by the Natives . Fifteen hundred square Buccaneer Pieces , and proportionable Ammunition , was no such extraordinary Store for eleven or twelve hundred men : and whereas he maliciously insinuates that Buccaneering was our main Design , the Event hath prov'd it to be false ; had that been our intent , we might easily have invaded the Spanish Plantations at both ends of the Isthmus ; Sancta Maria , nor Panama it self , could never have been able to withstand such a force , when a few undisciplin'd Buccaneers did so easily take them . It 's well enough known there was a parcel of as brave Men that went with our Fleet as perhaps Great Britain could afford , many of 'em inur'd to War and Fatigues , and knew how to look an Enemy in the Face without being daunted . They had giv'n proofs enough of that in Flanders , where no men alive could fight with more Bravery and Zeal than they did for the Common Cause , tho some People have since thought fit to starve them . That there was above 10000 l. of the 100000 l. not paid in , is false ; there was not above 2000 l. wanting . For those great men that thought their Countenance enough , and therefore refus'd to pay in their Subscriptions , he shall have our leave to name them ; but perhaps his Suborners will not care to have their Friends so much expos'd . That most of the Subscribers were unable to raise their Quota , is demonstrably false , by our sending away two Convoys since , the thirds being greater by far than the first , and that we are now preparing a fourth . As to the Companies charging 25 per Cent. advance on every Article of the 19000 l. Stock , it 's well enough known that so much Advance is thought nothing in a West-India Trade ; it was all the profit the Company was to have , and only charged in the Books by way of Formality , that the Colony might know what they were indebted to the Company . His Story , p. 23. of its being propos'd in the Company to sell off their Ships and Cargo , and divide the Product amongst the Subscribers , is nothing to our dishonour , nor at all to be wondred at , considering the unreasonable opposition we had met with from Court. That we rejected it as inglorious , argues still that we are not so mean-spirited as he elsewhere represents us . His base Reflections , p. 24. on the Company , as if they had despair'd of the design , and sent their men to Sea on purpose to perish ; and on Drummellier , that he order'd the Colony to get Mony honestly if they could , but be sure to get it ; and if they came home without it , then the Devil get them all , serve only to discover his own Temper , and that he thinks all men act and speak like himself . We have said enough already to demonstrate the Honesty of both Company and Colony : Had their design been to get Mony without regard to Honesty , they would not have been starv'd to death by the Proclamations , and other opposition made them at Court ; they could quickly have possessed themselves of the Spanish Mines , which the Scribler owns , p. 164. were within twelve Leagues of them , and with much more ease of the 40000 l. that was sunk in the French Ship. But he serves the Suborners for their Mony much at the same rate he did the Scots Company . His Reflection p. 25. that Mr. Stratford was oblig'd to arrest our Ships at Hamburgh for 800 l. Flemish , as they were fitting out , serves only to discover his own malice and folly ; Mr. Stratford had very good Security for 800 l. Flemish when he had four Ships in Port not yet fitted out ; and his receiving his Mony in a fortnight or three weeks , as the Libeller owns in the same Paragraph , shows he had no ill Paymasters to deal with . It were well for England if all those that have been imployed in the Royal Navy could say as much by his Suborners and their Friends . As for our discharging Mr. Stratford to be any longer our Cashier , there 's no need of assigning any other Cause for it , but that Sr. Paul Ricaut's Memorial render'd it needless ; and to that same account we must charge the two Ships that were left there to rot in their Ouse . But at the same time we will tell him we had no great reason to be satisfied with Mr. Stratford's Conduct , and believe we have less now than ever since this Libeller defends him . His Story p. 26. of Mr. Henderson's arresting another of our Ships for 3000 l. is sufficiently answer'd by himself , when he tells us , that he and his Partners fail'd in their Subscriptions , which was a just debt due to the Company , and therefore they had reason to demand and expect it , especially he being a Scots-man : yet the Company dealt very kindly with him on that account ; and so much the more , that they consider'd his being a Residenter in Holland , where he was liable both to the English and Dutch Court , to whose account the Libeller must also charge this Affront , and the Loss we sustain'd at Amsterdam . What he says of our Seamen , p. 27 , 28. is a manifest untruth . They were immediately paid , extreamly well satisfied ; and we had such choice of able Seamen who were willing to go in the Expedition , that we turn'd several ashoar after they had embarqu'd , as having no occasion for them . As to his Reflection on Mr. Robert Blackwood for pinching them of their Wages , and p. 46. for cheating them as to their Provisions ; that Gentleman is now at London , where we leave H — s and him to account for it . We doubt not but Mr. Blackwood may have Justice done him in Westminster-hall if he thinks fit to sue for it ; but so much we think our selves oblig'd to say in his Vindication during his absence , that he was never charg'd with any such thing by the Company . His next Reflections on the Transfer , p. 29. by which he would impose on the World as if it had been a Trick of the Company to cheat the Seamen of their Wages , are so much the less to be credited , that he himself is a Party , and commenc'd the Suit he talks of in Doctors Commons ; which tho that Court may perhaps have determin'd in his favour , because the Bargain was made with him in London , and those that made it were on the Spot , and for other Causes best known to themselves , it is nothing at all to the matter in hand ; our Courts have no reason to take them for a Precedent , and our Company has as little to allow the Libeller any Wages . But to come to the Transfer , which he so foully misrepresents . It was so far from being a clandestine practice , that it was agreed on in publick Council , and but highly reasonable that the Colony should be accountable to the Company for the Stock they intrusted them with . The Libeller only betrays his own Folly and Malice , and imposes upon his Suborners , when he says the Gentlemen who gave their joint Bond to the Company for 70000 l. were not worth so many English Pence ; for , admitting they had not been worth one penny of personal Estate , they were intrusted by the Company with 19000 l. Cargo , and Ships , Provisions , &c. to make it up 70000 l. which was not charg'd upon them as their personal Debt , but upon the Colony as a Corporation , till the same was paid . What he says as to the Seamen is a malicious Untruth . It was indeed agreed that the Colony should pay them ; but if they did not , the Company was to do it : and besides , the two months advance which the Libeller owns was paid them , the Company was to pay to them , or to those that had their Powers , or Letters of Attorny , a Month in six , and have accordingly paid them . As to the Seamens being made believe that assoon as they had set the Landmen on shoar , they were to proceed on a trading Voyage , and return to Scotland to be paid , it is equally false , they being to stay out whilst the Company pleas'd . Then as to the Transfer in general , it was so far from being clandestine , or a Trick , that the Company was impower'd to make it by the Act of Parliament which gave them their Original , as any Person may see by turning to the Act it self , which authorizes them to transfer their joint Stock , or Capital Fund , or any Estate real or personal , Ships , Goods , &c. belonging to the Company , under such Restrictions , Rules , Conditions , &c. as the said Company shall by writing in and upon their Books , &c. appoint . As to the Landmen , whom he will also have to be impos'd upon , they knew what they had to relie on , and were very well satisfied with it ; and as to the Companys levying Souldiers under the Notion of Planters , without asking leave of the Privy Council , admitting it to be true , they are not at all to be blam'd for it , since they had no reason to think that the Faction at Court , which had contraven'd Acts of Parliament by opposing their Subscriptions , and denying them the Men of War built for the protection of our Trade , would allow them to levy Souldiers under that Name . But the truth of the matter is this , they were really design'd for Planters , and not at all for Military Business ; tho it was highly necessary the Colony should have as many Officers and disciplin'd Men as they could , that they might be the more able to defend themselves in case of Attaque : and therefore his railing against the Colony for offering to punish Deserters and other Criminals , pag. 31. only discovers his own ignorance and malice ; for by the Act of Parliament they had the whole Power , Civil and Military , conferr'd upon them , and accordingly might exercise their Power upon all Persons belonging to the Company as they saw cause ; so that this is again a libelling of the Act of Parliament thro the Company 's sides . His Representation of the seven Men chosen for Counsellors , page 34. is false and malicious to the highest degree . The liberty given to add other six to those seven , was not , as he spitefully insinuates , for English or French-men of Substance that should join them from the West-India Plantations , but for such of their own number as they might think fit to assume afterwards . It cannot once enter into the thoughts of any man of sense , that the Colony should at first entrust Foreigners , and especially French Papists in their Government , or that the Company had any design they should do so ; but he and his Suborners think it their Interest to make us odious to the English and French , by accusing us of a design to drain their Colonies . As to Mr. Paterson , whom he hath all along abus'd , he happens now thro Inadvertency to vindicate him from his own Calumnies ; he formerly charg'd him as being Partner with Smith in cheating the Company of 8500 l. and now he tells us that Mr. Paterson was brought to this Dilemma , either to go aboard the Fleet bound for Caledonia as a Volunteer , or to go to Prison at Edinburgh for Debt ; which , had he cheated the Company of so much Mony as this Libeller pretends there had been no occasion for , he might have paid his Debts , and gone where he would : and besides , the Scribler vindicates the Company at the same time from his former Charge of their being bewitch'd by Paterson's golden Dreams , &c. for had they relied ▪ so much upon him as the Libeller alledges , they would never have shew'd that indifference for him which here he ridicules him with . Such has been the hard Fate of the Suborners , that their Tool has not the sense to make his Evidence consistent , but every where cuts his own Throat by Self-contradictions . To sum up the Matter according to the Libeller's own Evidence . In the Council there were some Men of Quality , that had been bred to the Sword and the Law , others had been Officers both by Sea and Land , and some that had gain'd Experience in Merchandizing , and several Trades . His Banter on the death of the Ministers and Blasphemous abuse of Scripture , P. 37. smell so rank of the Atheist and Libertine , and do so evidently prove that he hath lost all sense of Humanity and Religion , that we are satisfied it will do his Masters and their Cause more hurt than Service ; and therefore we pass it over . The next Proof we have of his Falshood and Malice , is his long Story about Mr. Wafer , from Page 38 to 45 , wherein he does so blend Truth with Falshood , as shews he had a mind at any rate to bespatter the Reputation of the Committee of the Company : the said Committee knew nothing of those Gentlemens treating with Wafer at London , till they acquainted them with it , and it was only upon their Recommendation that they sent for him : As to their Collecting any Guineas at Pontack's for Mr. Wafer , it is altogether false . The Articles were drawn by Mr. Iames Campbel the Merchant , now in London , and wrote by Mr. Fitz Gerald an Irish Merchant , who both can testify that this Matter is foully misrepresented ; for Mr. Wafer had an Alternative propos'd to him , which he agreed to , viz. to have so much if the Company thought fit to imploy him , and so much for his trouble and pains if they did not ; the Company was so far from standing in any need of his Book , that they had a Manuscript of it before ever they saw him , which was altogether unknown to the Gentlemen that treated with him at London ; this he himself knows to be true , and that to his no small surprize , they repeated several Passages out of it to him , and indeed the Manuscript is more particular than his Book , whatever Cause he hath since had to make any Alterations in it we know not . The Company upon the whole , finding that he could inform them of no thing considerable more than what was in the Manuscript , and that he could do them no great Service , left him at his Liberty to publish his Book when he pleas'd , gave him about 100 l. first and last for his Pains and Expence , with which he was very well satisfied , and hath declared several times since that the Company dealt very honourably with him , tho Mr. H — s took a great deal of pains to make him publish a Memoire to the contrary , which by his honest Friend Mr. Fitz Gerald's Advice he desisted from doing . As to the Libeller's malicious Insinuation that they had no further Service for him when once he had discovered the place where the Nicaragua-Wood grew , It is absolutely false , for the Manuscript they had was very particular in that . This Mr. Wafer knows to be true , and if he have but a just resentment , he is equally concern'd to vindicate himself ; for , the Libeller reflects as much upon him as upon the Company , when he charges him with putting a Cheat upon them , as to their Nicaragua-Wood , P. 44. which H — s says he and others went in search of for several Miles along the Ceast , but could find none ; and yet he magnifies Wafer's Freedom , and being ingenious by informing them so particularly , as to the place where the Nicaragua-Wood grew , P. 41. So perpetually does this malicious Libeller contradict himself . — As to the other parts of his Story of Mr. Wafers being conceal'd near Haddington , and afterwards at Edinburgh ; it was no more than what Prudence would have directed any Men to do in the like Circumstances : the Company not knowing till after having discours'd him whether he could do them any Service or not ; it was not their Wisdom to expose him to publick View ; and having sound that he could not serve them , it was equally prudent in them to keep him at an uncertainty as to their design ; they being under no obligation to acquaint him with it . As to the Story of Admiral Bembo's waiting their motion ; if they did say so , the Event hath made it but too probable ; he hath waited so long in those Parts till our Colony hath left Darien : what Orders he had concerning it , or what Part he hath acted in it , Time must determine ; but if all that we have heard of large Bills being return'd him , and of his Offers by his Sloops to draw our Men from our Colony be true , there 's reason to suspect that he was sent thither with no design for our advantage : However that may be we know not ; but this we know , that if our Enemies at Court had been as zealous to protect us as they have been to ruin us the Admiral would certainly have had Orders to have made Reprisals on the Spaniards for detaining Capt. Pincarton his Ship and Men , contrary to Treaty with the King of Great Britain , when forc'd a-shoar by a Storm under the Walls of Carthagena . He tells us , P. 45 , That two thirds of the Provision were spent e're the Fleet sail'd , that there was none to be had in Scotland at that time , and if there had , there was no Money ; the 100000 l. being sunk , and the Company 's Credit not worth 2 d. and that they had stuck there , had it not been for some few Pillars of the Scots Company who mortgag'd their Estates ; for which the Company made over three of their Ships to them for their Security . That there was no Provisions to be had then in Scotland , will readily be allow'd him , is sufficient to answer all his malicious Clamour against the Company , and to confute his own Objection , P. 155. in defence of his Masters , against the Company , for not sending them Provisions . That there was no Money , and that the Company 's Credit was not worth 2 d. is confuted by himself , when he owns that a few of the Pillars rais'd 5000 l. and took three of the Company 's Ships for Security . For that a few of the Pillars could raise 5000 l. and the Company have three new Ships , one of them of 70 Guns to give for Security ; and yet the Company 's Credit not to be worth 2 d. is a palpable Contradiction . That any of the Company Mortgaged their Estates to raise Money , is false ; they advanc'd it on their own Credit , as they might well do , it being well known there are several of them who have as much yearly Estate as the Sum he speaks of : Nor did they desire the Company 's Ships in security , but only a Bond which it was reasonable they should have . He comes next to give us an Account of the shortness of the Provisions , P. 46. and of his own Honesty in the mean time , in not acquainting the Commadore with it till they were three days at Sea ; perhaps he had embezel'd them himself , or Pocketed some of the Money , for he own that he had some time before been concerned in the Victualling part , and therefore dar'd not to say any thing of it on Shore , left it might have been prov'd upon him ; but however that is , this we are sure of , that the Company had Letters from their Ships at the Mideras , that they had Twelve Months Provisions of all sorts , at sharp Allowance , and that if any thing fell short , it was likely to be their Bread : That they thought this to be true , may be reasonably concluded from his own Narrative , where he says the Council upon his Representation , design'd to send an Express from the Orkneys , to acquaint the Company with the shortness of their Provisions , which to be sure they would have done , had they been sensible that they were so short as he alledges : Besides , he owns they had full Eleven Months Allowance of Stock-fish at four Days in the Week ; whence it is probable that they had other things in proportion . The Reason why they had no more Beer but Ten Tun , was that the Seamen could not depend on the Beer because it spoils , they had great store of very good Water , and a very great quantity of Brandy which the Libeller takes no notice of . As for the Company 's promising them Credit at the Maderas , it is false ; nor was there any need of it , they had Pipe Staves and other Goods , which were thought proper for the Maderas , but if it did not answer so well as 't was expected , 't was but the common Misfortune of Merchants , who many times meet with such disappointments . Nor is it to be expected that a Nation of so little Experience in Trade as ours , should at first setting out , be free from Mistakes or Mismanagement , especially since we have such Invective Enemies to deal with , who make it their business to get ill Men amongst us every where , on purpose to break our Design . His next Reflection is on the small Allowance of Ready Money , which is sufficiently answer'd when we tell him their Cargo was reckon'd instead of it , and as has been already said , must needs be conceiv'd to be very proper for a Country where People go naked for want of Apparel . They had a great deal of Butter , and excellent Beef , of Scots Breed , by which we gain'd an Experiment contrary to the common Notion ; for upon trial it was found to be better than the Irish , and therefore our Men resolv'd to keep it last . His Objection as to its having been Eighteen Months in Salt is frivolous . Seamen think nothing of that , when they can carry Beef to the East Indies and back again , and keep it good all the while . His Charge upon Drummelier as having bought damnified Wheat for their Bread , and put the Money in his Poket , is malicious and false : There 's no Man but one of the Renegadoes Temper that can suspect that Worthy Gentleman to be capable of any such thing . Besides , the Bread was extraordinary good . His Story , p. 50. about Crab-Island , is false ; the Company gave no positive Orders to leave any Men there , and it s equally false that the Danes prevented our taking Possession of it , our Men were there before the Danes came from Sr. Thomas , the Governour of which suspecting our Design , upon the arrival of the Vnicorn there , sent an Officer and Fifteen Men to Assert the King of Denmark's Right , after our Men went off from the Place , they saw the Danish Sloop in another Bay of the same Island call'd French-Man's Bay , and a Tent ashore with Danish Colours on it ; upon which Captain Pennicook Landed again , told them we were Possessed before them , against which they offer'd their Protest to please the Court of Denmark , but wish'd with all their Hearts we might settle there , for we should be a good Bulwark to them against the Spaniards of Porto-Rico , who are very troublesome Neighbours . It is false what he says p. 54. That Captain Andreas , after looking upon us at first Landing , did not come near us in three or four Weeks , for he came aboard us at first with some of his Men on the 2d of November , and brought his Travelling Wife with him on the 3d of November , when he came on Board again , and was very well satisfied with us : and on the 10th of the same Month , he and his Son , Wife and Sister , Din'd on Board us . And on the 30th of November he was invited on Board , handsomly Treated , and after having given a Rational Vindication of himself , as to the Matter suggested against him by the other Darien Captains or Princes ; and being inform'd of our real Design , which before he suspected to be Piracy , he desir'd a Commission from us , which was readily Granted and cheerfully Accepted ; and he solemnly promis'd to Defend us to the last drop of his Blood. That his Commission was left behind him in the Locker of the Round-House , cram'd in amongst empty Bottles , we have nothing but this Renegado's Word for it : but admitting it to be so , it does not therefore necessarily follow , that it was left there by Andreas , or his Order ; it is not to be suppos'd that a Person of his Note , could creep into the Round-House undiscover'd : and perhaps it may be no unreasonable Conjecture , to think that it was stole from him , and lodg'd there by this Renegado ; for he owns that it was himself that found it , and he knows the Proverb , He that hides knows best where to find . His Story about Andreas's Exit , P. 60. That he fell , or was thrown down the Main Hatch-way of the Caledonia in the Night time , after a Quarrel with Ambrosio , the greatest of those Indian Captains , has such an Air of Malice and Falshood , that it requires better Evidence than that of a self-contradicting Libeller , before it can obtain belief with any Rational Man , or allowing it to be true , that he was actually tumbled down the Hatch-way in the Night time , it looks more like the Practice of such a Quarrelsome ill natur'd Person as himself , than of any Body else . They that know his Behaviour to his own Captain , when he was Surgeon on Board one of the King's Ships , his quarrelling with Captain Pennicook , Commadore of our Ships that went to Darien , and the whole Tenor of his Conversation , cannot think this any uncharitable Reflection . His unnatural Rancor against his Native Country , and unbounded Malice against the Scots Company , make it probable enough that he might do such a thing on purpose to render the Natives Enemies to the Colony , which he deserted himself about a Month after : And this is so much the more probable , because he exclaims against those on Board , for not taking care of Andreas , nor letting him blood after his fall , since none was so proper to do it as himself , who was a Surgeon , and on Board the Ship at the time . It is needless to insist any further on his Train of Falshoods and Inconsistencies in his Account of the Country , which being contrary , not only to all that have wrote of it , but also to the Journals and Letters sent from our Colony . We have better reason to say , that his Description is Calculated to the Humour of our Enemies , and his Suborners , than that the Colony's and Mr. Wafer's Accounts were Calculated to the Meridian of the Scots Company . To put this Matter out of all doubt , we stall here subjoin the first Letter sent from Caledonia by the Council of the Colony to the Company , which is the Testimony of six against one . Right Honourable , OVR Last to you was from the Maderas , of the 29th of Aug. and sent by the several ways of Holland and Portugal , to the Contents whereof we now refer , and in particular to the State of Provisions therewith sent , and which we now find doth considerably fall short even of what was then computed , by reason of the badness of the C●●k . The account of the remaining part of our Voyage , together with the most material Transactions since , you may know by the enclosed Iournal or Diary of our Proceedings . We now send you our Letters and Dispatches by Mr. Alexander Hamilton Merchant , who takes the opportunity of passing to you by the way of Jamaica over England , to whom we desire you would order Forty Shillings Sterling to be paid Weekly , towards his Expences , during the time he shall stay with you negotiating our Affairs . The Wealth , Fruitfulness , Health and good Situation of the Country proves for the better , much above our greatest Expectation , which God Almighty seems to have wonderfully reserv'd for this Occasion , and now to have prepar'd our Way , and disposed the Indies to that purpose . In our Passage hither several of our Number have been taken from us by Death ( whose Names we have herewith sent you ) and whereof the loss of our two Ministers is the most sensible to us . We therefore intreat you would use your utmost endeavours with the General Assembly , for procuring others so supply that great want : As to the Country , we find it very healthful ; for although we arriv'd here in the Rainy Season , from which we had little or no shelter for several Weeks together , and many Sick among us , yet they are so far recover'd , and in so good a State of Health as could hardly any where be expected among such a number of Men together ; nor know we any thing here of those several dangerous and mortal Distempers so prevalent in the English and other American Islands . In Fruitfulness this Country seems not to give place to any in the World : For we have seen several of the Fruits , as Cocoa-Nuts , whereof Chocolate is made , Bonellos , Sugar-Canes , Maize , Oranges , Plantains , Mangoe , Yams , and several others , all of them of the best of their kind any where found . Nay there is hardly a Spot of Ground here but what may be cultivated : For even upon the very tops and sides of the Hills and Mountains , there is commonly three or four foot deep of rich Earth , without so much as a Stone to be found therein . Here is good Hunting and Fowling , and excellent Fishing in the Bays and Creeks of the Coast ; so that could we improve the Season of the Year just now begun , we should soon be able to subsist of our selves ; but fortifying and building will lose us a whole Years planting . By the want of Sloops , or small Coasting Vessels , we have hitherto had no opportunity of disposing any part of the Cargo , or doing other needful things . Since the loss of the French Ship mentioned in the Iournal , we understand that the Captain had an underhand Correspondence , in tampering with some of the Natives whom he intended to carry away with him , which hightens our Iealousy that the French have a design upon this Place , or at least to make a Settlement hereabout . And we heartily wish that our Most Gracious King were truly informed of what Consequence it will be both to his Greatness and Security , to countenance and encourage us his Loyal and Dutiful Subjects here , that our Prince and Country be not only depriv'd of so valuable a Iewel , but least the same should fall a Prey to some of our Rival Neighbours . This will be the Companies part to notice after these Dispatches shall come to hand , You have inclosed a List of several Goods and Merchandises vendable and proper for this Place ; our Situation being incomparable for the Trade of the Coast , where ( besides our Inland Trade ) there is commonly but 2 or 3 , or at most but 8 or 10 days sail to the best Places of Trade upon the Coast , and to the outmost considerable Islands adjoining . And we desire that particular Merchants in Scotland , and elsewhere , may be incouraged to trade and correspond hither ; in which we hope they will sufficiently find their Account . We have also sent you a state of what Supplies of Provisions , Stores , and Merchant Goods are absolutely necessary for the present support of the Colony ; referring it to the Company to determine what reasonable Consideration they will have for the Sums that shall be advanced for that purpose : And we entreat , that all possible Expedition may be us'd in sending us these needful Supplies ; for without that we shall not only be incapable of making you suteable Returns , but this hopeful Vndertaking , together with our selves will run no small risque of being inevitably lost . But however it be ( by the help of God ) we shall not fall to do our utmost in making speedy and suteable Returns ; and shall always account it our greatest Honour to expose our Persons , and all that 's most near and dear unto us , in promoting this hopeful Design , as not only promising Profit and Glory to the Company , and all who are concern'd with them , but as being the likeliest means that ever yet presented towards the inabling our Countrymen to revive , recover , transmit to Posterity , the Virtue , Lustre , and wonted Glory of their Renown'd Ancestors : And to lay a Foundation of Wealth , Security , and Greatness to our Mother Kingdom for the present and succeeding Ages . In which we can no way doubt of your most hearty Concurrence and utmost Support . So praying Almighty God would bless and prosper the Company in all their Vndertakings . We Remain , Right Honourable , Your Most Humble Servants , Robert Jolley . J. Montgomery . Dan. Mackay . Rob. Pennicook . Rob. Pincartone . Will. Paterson . Caledonia , New Edenburgh , December , 28th 1698. P. S. We intreat you to send us a good Ingineer , who is extreamly wanted here . This Place being capable of being strongly Fortified . You 'l understand by ours from Maderas , the Danger as well as the Tediousness of our Passage North about , so that if the Ships can conveniently be fitted out from Clyd , it will save a great deal of time in their Passage , and be far less hazardous . This being from Men who knew the Misrepresentation of the Affair , must needs Issue in their own Ruin , cannot be suspected the disingenuity ; and therefore must certainly over-balance the Evidence of a Renegado , who owns that he writes out of Malice . The first defence he puts in the Company 's Mouth is , their being baulk'd of Foreign Subscriptions , which made them lose Time and Money , whereby they could not send out such a number of Men and quantity of Provisions as the Project would have required . This is litterally true , let H — s and his Suborners answer it if they can . As for his Question , Why did they prodigally throw away 50000 l. in Holland and Hamburgh , purely to make a Bluster there ; and why did they trust to another Man's Purse till such time as they are sure of it ? We shall answer by asking him another Question , viz. Since he pretends to know the Secrets of the West end of the Town , why did our Government oppose our taking Foreign Subscriptions , since they had impowered us by Acts of Parliament , and Letters Pattent to take them , and since 't was such a thing as the like perhaps was never done ; what reason had we to suspect being baulk'd of our Foreign Subscriptions ? He himself own'd that the Hollanders and Hamburgers were fond of our Project , till our Government oppos'd us ; and therefore , by his own Confession , they are to blame for those disappointments . As to our taking Subscriptions in Hamburgh and Holland . We had reason to engage as many of our Protestant Neighbours in the Design as we could , that we might be the more able to defend our selves in case of Opposition ; which is neither ill Policy , nor inconsistent with Honesty . The 2d Defence he puts in their Mouth , That their Ships were Man'd , no Provisions to be had in Scotland , more were providing abroad , and no more Money to be had from the Subscribers till once the Ships were Sail'd , is such as he and his Suborners will never be able to answer ; What could the Company do more , than take care to have Provisions abroad , when none were to be had at home ? And if the Subscribers would pay no more Money till the Ships put to Sea , there was a necessity of Sailing . His Objection as to the shortness of their Provisions , we have answer'd already , and shall add which he maliciously conceals ; That we sent a Ship with Provisions after them , which was cast away in Ianuary , for which we cannot be answerable ; and he himself owns we sent another Convoy in May ; Then since the Colony sent us Advice from the Maderas , dated Aug. 29. That they had still 8 Months large , and twelve Months short Allowance : The Company cannot justly be accus'd of supine Neglect , when they sent away one Ship with Provisions four Months after this notice , and two more in five Months after that , considering that they had no Provisions in Scotland , as the Libeller himself owns ; and that the Colony had a Cargo which might have bought them Provisions either from the Natives , if they had any to spare , which we could not doubt of by Mr. Wafer's Description , or from the English Colonies , had it not not been for the Proclamation , which we had no reason to suspect would be issued at all , and much less in such a manner , in the Name of our own Prince , who was oblig'd to Protect us . To the Causes he assigns for the Sailing of our Fleet without a greater quantity of Provisions , we shall add one more , viz. That we had reason to fear that our Enemies might prevent us ; which Captain Long 's being on those Coasts a Month before us , shews was not without Ground ; no more than our Suspicion , that endeavours were used to surprize us into a War with the Spaniards , by Long 's Men killing seven of them , as hath been already mention'd ; and of his doing all he could to make us odious to the Natives , by telling them we were Pirates , and disobliging both Ambrosio and Diego , by sordid little Actions of his own , as Captain Pennicook gave us an Accoun in his Journal . A Grave Member of the Committee of Trade can give a more full Account of this , if he pleases ; and when his hand is in , he would do well to assign us a Reason why that barbarous Murder committed by Long 's Men , was never yet taken notice of by the Spaniards , since they have published such angry Memorials against us , who committed no Hostilities upon them . His Objection to the third and fourth Reason relating to the Honesty of our Design , and the Cargoes not being proper , we have answer'd already . As for that of our Goods being seizable in Iamaica and other English Plantations , by the Act of Navigation , it 's one of the Hardships we justly complain of , that was put upon us by the Enemies of our Nation in Charles II's Reign . But allowing it to be reasonable , it cannot have so much Equity in it , as the Laws which make it punishable by Death , to Rob and Murder . Yet the Execution of those are many times dispenc'd with in favour of Criminals , by his Majesty ; and indeed a Power to dispence with the Execution of Law sometimes , to save the Life of a Subject , is one of the most Innocent Branches of the Prerogative ; but we had much more reason to have expected a Dispensation in this Case , to save the Lives of so many of his Subjects , who had generously venter'd them for himself . His owning , p. 148. and 154. That a Cargo of Provisions brought by two Iamaica Sloops , was bought by the Colony , besides as many Turtle as came to 100 and odd Pounds ▪ for which he owns the Colony paid 'em ; not only contradicts what he says almost in the same breath , That there was neither Money no Moneys worth to be had in the Colony ; and that they laid out all their Stock of Ready Money for Wine at Maderas , p. 48. but may , together with their having both Provisions and Money when they came to New York , justly confirm our Suspicion , that there was a Mismanagement of the Provisions ; since two Sloop's Cargo of Provision , 27 Pipes of Wine , 100 Pounds worth of Turtle , the Fish Plantains , Bonanoes , Potatoes , Indian Corn , Sojours , or Land Crabs , which he says were plentiful at first ' added to their former Provisions which they own'd they had at the Maderas ; together with the decrease of their Number of Men by Death was not enough to keep their Colony from starving for Nine Months . We have still the more reason to suspect this , because the Letter from New York , which brought us the first certain Account of the Disaster of our Colony , hinted as if there might be some Work for the Hangman . That there were more ill Men in the Colony than H — s is probable enough : and particularly that Pennicook was brib'd to raise Divisions in the Colony , and put all in disorder by his Insolence : which falling in with the Proclamations that were concerted for our Destruction , gave a handle to other ill Men to foment the Divisions , and compleat the Ruin of the Colony by a total Desertion . His Insinuation , P. 154 , That two Iamaica Sloops with Provisions return'd from the Colony without breaking bulk , because there was neither Money nor Market Goods there ; deserves better Evidence than his own before it obtain Credit . We have indeed heard of one Vessel with Provisions , which insisted on such extravagant Rates , that the Colony would not incourage them to do the like in time to come ; and therefore would not deal with them : hoping that their own Convoy might speedily come up ; but this was before they knew any thing of the Ploclamation , which cut off all their future hopes , ev'n from Scotland . We have also Letters from New York , that the Government of that Place seem'd to intend them no good ; of which their desiring our Ships to come and Anchor under the Guns of the Castle , is a clear Proof ; and the reason of this unkind Treatment is also explain'd to us , viz. That they suspected our Men had a design to return back as soon as they got Provisions . Nay , we have had advice , that their Gold Dust was actually refus'd at Iamaica , because of the Proclamations which we have reason enough to believe : since we cannot think that the Inhabitants there would be willing to incurr the height of His Majesty's Displeasure to oblige the Scots . That our Men had Gold Dust from the Natives for Powder , Shot , and speckled Shifts : the Libeller owns himself , P. 149 , and there he brags of it , that he brought off more himself at 3 l. 10 s. per Ounce , ( how he came by it , is worth the inquiry ) than most of the Councellors that are come home since ; and by Letters from New York , we have heard there was Money amongst them : By all which 't is evident , That want of Money or Goods was not the sole Cause of their being denied Provisions from the English Plantations . His Insinuation , that the French and Dutch Islands would have supplied us if we had had Money or Goods , is ridiculous ; when the Government of both those Nations had so expresly declared themselves against us . His Allegation in that same Page , that His Majesty knew nothing of the Colonies Settlement at Darien , but what he had at second hand , &c. till the Spanish Ambassadur told him from his Master , is so notoriously false , that none but a Person of his Forehead could have advanced it , when the World knows that the Proclamation against us was publish'd in the West-Indies in April , and the Spanish Memorial was not deliver'd till May following . We should indeed be very glad to find that His Majesty knew nothing of those Proclamations ; and that his Name was made use of without his Consent ; as some say his Grandfathers was in the Irish Massacre : for then we might reasonably expect speedy Justice upon those bold Offenders , who dar'd to publish such Proclamations in His Majesty's Name , wherein we are condemned ; as having invaded the Spanish Dominions before ever it was heard what we could say for our selves , or without giving us any notice of those Proclamations , that we might have taken care to have preserv'd our Men from being starv'd to death by them : By which they have made our Prince to act more like our declared Enemy , than one that we had constantly lov'd and rever'd as Father of his Country : and that which is yet more cutting ; they still prevail to mislead him , so as he continues his unnatural Opposition to us : For besides the Proclamations formerly mentioned , another has been since publish'd against us in Barbadoes , dated Sept. 15 , which is so much the more unaccountable ; considering the Memorial given in by our President and Advocate , justifying our Pretensions which the Spaniards have never yet offered to answer . By means of this Proclamation , the St. Andrew was denied Relief when she fell in with Admirel Bembo , who told her , tho they should all starve he could allow them none , and the like answer they had from the Governor of Iamaica , tho they offer'd Goods in Exchange ; the like Opposition is also continued against us at home ; for tho the Company have address'd His Majesty , yet 't is without effect . After a full Representation of their Losses , they did wisely and dutifully desire the Parliament might meet , that being the properest way to have the sinking Honour of the Company supported ; but His Majesty instead of granting their reasonable desires , was prevail'd upon by those who are Enemies to our Country , to prorogue it further at the very time when they knew the Address was coming up , and all the Answer thought fit to give them , is , That His Majesty is sorry for the loss of his Ancient Kingdom and of the Company , that they shall have the same liberty to trade to the West-Indies as formerly ; and that he will call the Parliament when he thinks the good of the Nation requires it , or to that effect . It may easily be judged , that this Answer could be no way satisfactory to the Company in such a Juncture : nor are we to wonder , if instead of cheering their Spirits , it struck them dumb , and fill'd them with Amazement . We wish that those who advise His Majesty to such a Conduct towards the People of Scotland , who have never been backward in testifying their Loyalty and Affection to his Person and Government ; would consider that this is a downright Violation of our Constitution . It 's certain that none are so proper to give his Majesty advice , when a Parliament is necessary as our own Nobility Gentry and Burrowghs , who are most of them concern'd in our Company : and therefore their Address ought to haye been more regarded than the advice of any particular Persons . This false Method of Government hath ruin'd many of our Princes , and we wish that those who put his Majesty upon such Measures , may not have his ruin in prospect . It is certain they can be none of his Friends , who put him upon disobliging of the whole Kingdom of Scotland in this manner . We come next to the Libeller's Defence of the Spanish Title to Darien , p. 163. His first Argument , That the Spaniards Title to that Country was never hitherto disputed by any Prince or State , is a downright Falshood . The Darien Princes themselves controverted it always , and their Plea was allow'd to be good by the Judges of England , as we have been forc'd to tell this Renegado and his Suborners again and again . The Title of the Spaniards as Conquerours to any part of America , is not only doubted by the Bishop of Cheapo , Don Bartholomew de Los Casas , mention'd in the Defence of the Scots Settlement , but strenuously argu'd against and maintain'd to be unlawful , in his Propositions concerning the Title of the King of Spain to America , propos'd to the Consideration of the King of Spain himself . In his ninth Proposition he asserts , That when Christian Princes apply their Endeavours to propagate the Faith , they ought to have no Consideration for any thing but the Service of God — Or if they can do any thing for the advantage of their Dominions while they augment the Kingdom of Christ : It ought to be without any considerable prejudice to the Infidels or the Princes that Govern them — Prop. 10. He asserts , They have their own lawful Kings and Princes , who have a Right to to make Laws , &c. — For the good Government of their respective Dominions , so that they cannot be expell'd out of 'em , or depriv'd of what they possess , without doing Violence to the Laws of God as well as the Law of Nations . Prop. 26. Seeing the Spaniards have not been supported either by the Authority of their Prince , or any lawful Reason to make War against the Indians , who liv'd peaceably in their own Countty , and had done the Spaniard no wrong ; all such Conquests that have been or may hereafter be made in the Indies , are to be accounted Unjust , Tyranical and Null , being condemned by all the Laws of God and Men. It s true he supposes the K. of Spain to have a Title to the Soveraignty of the Indies , by the Popes Grant ; but it is with such Restrictions as those he mentions ; and in his 16 Proposition says the Pope , has power to revoke it , if it be found prejudicial to the Establishment of the Faith ; and he expresly declares throughout his Book , that all the Methods taken by the Spaniards were such , so that here 's one strond Evidence of their own against them . — Dominicus de Soto ; the K. of Spain's Confessor at the time seems by his summing up the Dispute betwixt this Bishop and Dr. Sepulveda to have been of the same Opinion ; and Sepulveda ▪ Books , maintaining the contrary were suppress'd by the Emperor Charles V. Of the same Opinion , and indeed more express against the Methods , by which the Spaniards acquir'd their Dominions in the Indies , is , Franciscus a Victoria , chief Professor of Divinity , in the University of Salamanca , ( whom the Emperor Charles V. consulted in Cases of Conscience , and in this amongst others ) as may be seen in his Relectiones , Theologicae , Relectione 5. de Indis where he argues the Point at large , and in Relect. 7. de jure bell , lays down this as a Maxim , That an Injury receiv'd is the only just Cause of making War. So that it being plain from Matter of Fact that the Indians did no manner of Injury to the Spaniards ; their War upon them must of necessity by this Argumnt be unlawful . More has been said already in Vindication of our Title , in the defence of the Scots Settlement , than the Renegado and his Suborners can answer ; therefore we shall wind up this Matter in a few Words more . His alledging we might as well land in Iamaica , where the wild Negroes have deserted their Masters , or in Tobago , &c. serve only to discover his own Folly. There 's no unconquer'd Natives , who have their own Princes to govern them in either of those Islands , nor are the Titles of the English , and D. of Curland , to those Places question'd . The Irish having admitted French Troops into their Kingdom is as little to the purpose , since they have had no shadow of Government or Sovereignty , left them for several Ages , have from time to time submitted to the Government of England , and admitted those Troops in defence of the late K. Iames's Title , which he derives from Hen. II. that Conquer'd them . Besides , the Libeller himself owns , p. 54. that the Natives themselves were pleas'd with the hopes of being restor'd by us to their Ancient Liberty and Greatness ; and p. 55. That Ambrosio one of their greatest Captains , was at War with the Spaniards before our Arrival . His alleaging that Cap. Andreas was a Spanish Captain at the time of our Landing , needs better proof than his assertion : that he might be then at Peace with the Spaniards , and have some respect for them because of his being bred among them , as H — says he was , p. 60. and that they then gave him a Commission as a Captain , does not at all argue that he was in the Spanish Interest when we Landed , or any way subject to the Crown of Spain ; if he himself promised subjection , it does not divest his Subjects of their Right , and that Andreas's Successor and they were no Friends to the Spaniards , is evident from the Libeller's own Story , that they gave our Colony notice of the Spanish Party that came to view them , and led them to the place where they were : We have likwise the Testimony of all that have writ of this Place , against the Renegado , besides that of the Journals of our own Colony , which give an Account that Ambrosio had engag'd all his Neighbouring Princes in a League against the Spaniard , before our Arrival . FINIS . 
A29750	----	The history of the indulgence shewing its rise, conveyance, progress, and acceptance : together with a demonstration of the unlawfulness thereof and an answere to contrary objections : as also, a vindication of such as scruple to hear the indulged / by a Presbyterian. Brown, John, 1610?-1679. 1678 Approx. 549 KB of XML-encoded text transcribed from 81 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A29750 Wing B5029 ESTC R12562 13578258 ocm 13578258 100484 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29750) Transcribed from: (Early English Books Online ; image set 100484) Images scanned from microfilm: (Early English books, 1641-1700 ; 837:12) The history of the indulgence shewing its rise, conveyance, progress, and acceptance : together with a demonstration of the unlawfulness thereof and an answere to contrary objections : as also, a vindication of such as scruple to hear the indulged / by a Presbyterian. Brown, John, 1610?-1679. [14], 162, [2] p. s.n.], [Edinburgh? : 1678. Written by John Brown. Cf. NUC pre-1956. Probable place of publication from Wing. Includes index in manuscript. Advertisement on p. [1-2] at end. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- History. Scotland -- History -- 1660-1688. 2004-01 TCP Assigned for keying and markup 2004-03 SPi Global Keyed and coded from ProQuest page images 2004-04 Emma (Leeson) Huber Sampled and proofread 2004-04 Emma (Leeson) Huber Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE HISTORY OF THE INDULGENCE Shewing its Rise , Conveyance , Progress and Acceptance : Together with a Demonstration of the Unlawfulness thereof , And an Answere to contrary Objections : As also a Vindication of such , as scruple to hear the Indulged . By a PRESBYTERIAN . Printed in the Year MDCLXXVIII . TO THE CHRISTIAN READERS , Particularly , the suffering Ministers and Professors in the CHURCH of SCOTLAND . Reverend , much honoured , and dearly beloved ; I hope , I need not tell you , ( whom I look upon and addresse my self unto , as taught of God , not onely in the main ; but in many things that relate to our present calamitous case and condition ) that the knowledge of the times , and what the Israel of God ought to do , should be your Ornament & Cognizance , distinguishing you from others , who are brutish in their knowledge : Neither need I tell you , how impossible it is to know , what the present day and hour makes indispensible dutie , without a just reflexion on what is past ; for the emergents of the present day can never be improved , to the advantage of preventing the morrow's miserie , without this ; whereas hereby the present day may be made the better for yesterdayes errour . Now , that you and I may be helped to a profitable reflexion upon what is past , and improve it to its just advantage , the Lord hath been pleased , in this common and unconcerned sopor of many , to put it upon the heart of a Servant of his , to whom he hath given dexteritie , of hand for the undertakeing , to give you and me the following History , and Account of one particular emergent , in the sad History of our time , which hath been followed with the most dismal and dire effects of any thing that hath befallen our poor Church , & the precious remnant therein , since the Holy Lord was pleased to give us up into the hand of such , as have with violence and rage overturned that blessed and beautiful fabrick , reared up and erected amongst us by Him , who dwelt in it , and made our soules glade in his house , while we walked with Him , and He dwelt among us . If this History and account be carped at , and cryed out against by some ; that must be borne with ; for our distempers ( Alas ) and distractions are arisen to that heat and height , as he who rebuk●th in the gate is hated , and he who speaketh uprightly is abhorred . And yet a faithful and wise Servant , seeing how his Lord is wronged , and for what the Land is made to mourne , and the Church in hazard to be utterly ruined , may not lay his hand upon his mouth , and , to prevent the opening of the mouths of others against him , give up himself to a stupid silence . But whatever some may judge or say of what is here said , and set before us , wisdom will be justified of her Children : and I am sure , the account given will be refreshful and acceptable to many , who love the truth , and lament these our recessions and declineings from our first love & wayes . Oh if I might mix myself amongst the mourners , and those whose souls are melted & poured-out in them , in this heart-rending reflexion ! I shall at present forbeare to go so far backward , as to set before your eye , ( which may make you and me goe mourning to our grave , and ought to be remembered by us for that very end ) what was our carriage , or rather , what were our miscarriages , in the day , when the Enemy , with displayed banner and open-faced violence , did raze and overturn all . Oh , if He would raise up some to represent us now unto ourselves , according to what we really were in that day ; that so we for our part might goe mourning to the grave , and the succeeding generations might thereby take warning , and beware to tread our path , or trace our steps , lest , as we have done , they should stumble , fall and be broken . Leaving therefore this sad subject , I come to make a blunt and abrupt inquirie how did we behave ? What was our Posture and Practice after we had so stupidly stood by , till we saw the whole work overturned , without offering to interpose effectually to prevent its ruine , or fall with it ? And now , when we ourselves were thrust from the publick Exercise of our Ministrie , are we found lamenting after the Lord ? Are we found lying in the dust , loathing ourselves in the remembrance of the sad and soul-afflicting ruine , which fell under our hand ? Is there now a corresponding how to excite one another unto the first Love , and to the first works of the Church of Scotland ? doth the sorrow of every mans soul look-out at his eye , while he beholds the desolation of the Sanctuary , the Mountain of Zion laid waste , and the Foxes walking upon it , and considers how he hath not onely outlived the departing of the glory , but must , if he see , and lay to heart what hath been in his hand , carrie his own tormenter about with him , as having by his conniveing , or a cowardise , unworthy of the Spirit of Ambassadours for Christ , contributed to the advancement of the enemies desperat designe ? Do we now meet , and set dayes apart alone and together , on this very designe , to mourn , to pour out our hearts before Him , to weep upon Him , importuning Him , and praying with all manner of prayer and supplication for Light , for Life , for Zeal , for Courage ; that as being strengthened with all might , according to his glorious Power , we might be in case to stand and withstand , in so evil a day , and having done all to stand ? Did we , as knowing from what had past , and as not ignorant of his devices , plead with our Lord , that we might not be left , nor led into temptation ; but that we might be upheld in our integritie , and helped upon all hazards to witnesse our soul abhorrence at the wayes of these turners aside , and overturners of the work of God ? Did we , as faithful Ambassadours of Christ , fixedly loyal to our exalted Prince ; or as true Lovers of the soul-interest of those , who by their way had witnessed there was no feare of God before their eyes , yea that they had forgotten , or delete the apprehension of that Eternal God , who is above them ; and so in the madnesse of their apostasie , without all inquirie or care , whether that way did lead them , or where it would Land them , run as enràged upon the bosses of the buckler of God Almightie ? Did we , I say , deal plainly with the men of these abominations , these prodigious wickednesses , these hateful and heaven-dareing practices ? Did we beseech , obtest , exhort , yea and with an Ambassadour-becoming boldnesse charge them , in the name of the liveing God , to returne , as they would not be turned into hell , for these their treacherous turnings away from Him , and transcendently wicked turnings against Him ? Nay alas ! Whatever were the secrete mournings , the sorrowings , the grievings of some , which , I hope , are on recorde in Heaven ; yet , the first thing that is heard of in others , after an interval of shameful and sinful silence , is a fearlesse making and medling with the stated enemies of the work of God , even while breathing-out a keennesse of crueltie against the more zealous faithful Ministers and Professors , and this fearlessé medling ( ere mourning over former unfaithfulnesses and miscarriages had gone before ; ere Brethren , equallie concerned in the case , and on whom the care of the Church did equallie lye , yea and of some of them I may say , were no lesse eaten up with the zeal of His house , than the Consulters , were consulted ) produced this that fatal Indulgence ; and to use the Vindicators phrase [ which he in useing , upon the occasion and account he makes use of it , to detestation abused ] hinc illae lachrymae . Alas ? What else but a further defection could be exspected , as the issue and result of these medlings , betwixt , ( on the one part ) not onely the Chiefe Instruments of all these incumbent Calamities ; but men set upon this mischiefe , how to destroy by dividing , and ruine by their Methodes , beyond hope of an escape or recovery , the poor remnant ; and root-out the remembrance of that People , and Partie , whom in their thoughts , desires and designes , they had devoted to destruction . And ( on the other part ) what ever the men had formerly been , or still were ; yet I must say it ( and let none mistake me so far , as if I intended hereby to reproach or reflect ; far be it from my soul ; for while I am constrained to mention it , I desire to let my ink drop out of my Pen here , with a wrung and wounded heart ; and to writ as knowing what I now say must meet me at the Tribunal ; nay , I would forbeare to say it , if I did not beleeve it should meet me there , if I smothered what I am now about to say , in a truth-prejudgeing silence ) men in as ill case to have made or medled in the concerns of Christ and his Church , with the men , with whom they had then to doe , in their circumstances , as ever any Godly men in our Church were . I desire not to be put to the unpleasant necessitie of dilating this further ; Nor , if necessitie be laid upon me ( since it is the pure interest of truth , I desire to aime at , without respect of Persons ) shall I decline it , though for that I should be yet more vile . Now , as foregoing untendernesse & declineing had paved the way , & prepared us , for this new step of further defection ; so this wretched Indulgence hath had the most deplorable & dismal effects ; & if the Lord do not graciously deliver his Servants & Church from what it tends to & threatens , it is like to be & prove more fatall to the Poor languishing Remnant , than any step of defection , to which ever any Godly men were left , in the Church of Scotland . The Historie of its effects & of the bitter fruits it hath produced ( which will make it the just hatred of Posteritie ; as well as it is the griefe , sorrow and lamentation of many a serious soul in the Generation ) is not at present my businesse ; All I have to hint at this time , in reference to it , shall be shortly this . That however I doe not offer to make an addition of Arguments ( for that were superfluous , Considering what the Author of the following Discourse hath so nervously adduced ) yet let me addresse my self without offence ; not as an acute disputant , but as a poor blunt , plain , open-hearted well wisher , to the Work and Interest of Christ , to my Indulged Brethren ( not a few of whom are dear to my soul ; and , I hope , though they should both despise me and despitefully use me , shall be so ) in a few plain Questions . Now then the Indulgence is embraced , and thanks to the givers are rendered by the takers . I Ask therefore First , If they could , after this their acceptance and giving of thanks to the Council , have withdrawen from that appearance , and sisted themselves before Christ Jesus , the King of his Church , and with a sweet serenitie of soul have had confidence to offer their thanks to Him , for being helped to witnesse a good Confession against the wickednesse of this Invasion , made by the Overturnes of his work , upon his Royal Prerogative , who built the house , and must beare the Glory ; for it was either then or never , that it was to have been done . Secondly , Let me aske ; are they so very cleare and confident in the case , as they can , not onely in dealing with men , hold up their face , and affirme , without hinck or hesitation , that this is their rejoyceing , even the testimonie of their Conscience ; that in simplicitie and Godly sinceritie , not with fleshly wisdom , but by the Grace of God , they have had their Conversation before all men , and more aboundantly towards these backslideing Rulers , before whom they appeared , now declared enemies to the Work of God , and invaders of His Throne and Prerogative : But are they also content to be carried before the Tribunal of Christ , with this acceptance from those , who have exautorat their Lord and Master , in their hand ; and to have the qualitie of their Love to the comeing of His Kingdom , and their Loyaltie to Christ Jesus , now opposed and put from the exercise of his Royal Government by the Partie Indulgeing , in this very Indulgence , tried by such a Test ? It were fit , sure , to think on this , and lay it to heart ; for each receiver may lay his count with it , that soon or syne he shall be put to it . Thirdly , Let me aske ( though I put it out of doubt , they doe , and far be it from me to think otherwise ) whether they believe , that Christ , who purchased His Church , and bought His Crown with His precious blood , lives also to make intercession , and to plead his own purchase , and Procure , by vertue of the Price He hath payed , the execution of the written vengeance upon all , who will strive with Him for State and Supremacy in ordering the affairs of his house , the Church of the living God ; or who will , in their desperat daring and rage , revolt and exautorat Him by their Law ( which is a legal and explicit bursting of his bonds , casting away his cords from them , and , in contempt of , and Contradiction to the Christ of God , a formal taking of His house in Possession ) as our Rulers have done ; to the out-doing , in this affront to Jesus Christ , all that ever went before them ; or as if they were resolved never to be out-done by any , who should come after them , in a copeing with the Mediator , and a down-right denial of Him to be King ( for now they have put Caesar in his Place ) sure , the Indulged Brethren neither can nor will deny this : Then they must give me leave to assert and subsume ( what hath been , as oft upon my soul , as I thought upon their carriage at that appearance ( yea , if they speake consequently to the supposed concession , they must agree with me in it ; That with the same objective assurance , I beleeve the Right that Christ hath bought , to be sole and supreme , in regulating all the affairs of His own house , to have none to share with Him in the Autocratorick , Architectonick and Magisterial Power of makeing Lawes , to obliege the Conscience of his Subjects , nor to be in case to give a Ministerial Power besides himself ; And as I beleeve the firmnesse of the stipulation betwixt Jehovah and his Anointed , to secure unto him his throne ; and take vengeance on all his Adversaries , and as I beleeve he lives to make intercession ; so I must beleeve also that , at that very instant , when the Indulged stood before the Council , and by their mouth made such a harangue ; The Mediator , who is set down , at the right hand of God , was interceeding and pleading by his blood , by his wounds and Passion , for the execution of the purchased and promised vengeance upon such , who by the complex of this very deed , in a defiance to the everlasting Decree , whereby his throne is Established , declared , they had taken unto themselves His house in Possession . Ah ; my deare Brethren , can the thoughts of such a discord & discrepancy betwixt His intercession in heaven , and your harangueing on earth , enter into your soul ( and I give you the defiance to enter into the serious thoughts of the matter , and hold them out ) or be reflected upon , without Terrour , Trembling , Confusion of face , Shame and Astonishment . Now my reverend and very deare Brethren , may I not , upon this ●ccasion , make bold to fall before you as prostrat , and with the teare in mine eye , ( for I have confidence to say it , I scarce see my Paper , while by my Pen I make this addresse unto you , ) humbly and earnestly beg of you , request , beseech and obtest you , for your blessed and glorious Master's sake , who is now Crucified againe amongst us , from whose head the crown is taken ; for His Churches sake , whereof he hath made you Ministers , and so magnified you amongst men , in sending you into the world , under the Character of his Ambassadours ; for your poor broken hearted and bleeding Brethrens sake , as ever you would be amongst the restorers of our breaches ; as ever you would againe be as some of you were in times past , as the chariots and horsemen of Israel ; as ever you would wish to be brought againe to keep His Courts , and to judge His house ; and , when that work is over , to have a Place amongst them that stand by ; as you would not be the occasion of the rupture and utter ruine of the small remnant ( for God and all good and understanding-men will refound this distracting and remnant-destroying Division , that is amongst us , upon this Indulgence ) ; as you tender the good of the Posteritie , and would give an unquestionable evidence , how intensely you desire , that Jesus Christ may reign and rule without a competitor , when you are gone ; As you Love to live at peace with God , and enjoy , as feeding Pastors and faithful Witnesses to your Lord , a sweet serenitie of soul ? Nay as ever you exspect to goe off the stage in good termes with God , and have your Masters welcome of well done , good and faithful servants , and be enrolled , when you are gone , amongst the Confessors of his name , and holders fast of the word of his Testimonie , and such as had obtained mercy to be valiant for the truth : Let me , I say , upon all these , and many other accounts , make bold to beseech you , without more debate , without more delay , to deliver yourselves ; to deliver the Church ; to deliver your wounded , weeping and overwhelmed Brethren ; and to deliver the Posteritie from the snare of that cause-destroying , Church ruining , remnant-divideing Indulgence . Do not say , I would wheedle and fool you into an irrational implicitnesse or bogle you into a relinquishing of what you have embraced , with a parcel of words , wherein is nothing to convince you of the evil of what you have done , Read but the following History ; and if , as in His sight , without prejudice or mind-occaecating Passion you Peruse it , I am not without hope ; but you will suffer yourselves to be overcome ( which will be one of the greatest Victories you have ever obtained , ) into a compliance with the humble and earnest beseechings not of your Poor Brother onely , but of many , who are Presenting you to God , and dare seek nothing for you , till this be obtained . Do not offend at this last word ; for , if it were my last , I must both confesse unto you , I have never had Confidence to seek any thing for you , since you embraced that Indulgence , save this ; and I know , you have , since that day , been much out of the Praiers of many serious Prayers , to whom you were , and yet are , deare , which hath been none of your advantage ; yea whatever use you may make of it , yet fidelitie to you put me to use this freedom , that I have not onely found my self in fetters , but I have observed more servent Judicious and gracious Persons , to whom it was a case of Conscience ; yea who had no Confidence to represent you to God , as a Part of that suffering remnant , for whom they essayed to Pour out their heart before Him , whereat you will cease to wonder , when you consider that to them , the Indulgence was a Defection . But if the following History Prevail not with you , yet Let the History that God hath writen against that acceptance doe ; Least He impose the necessitie upon some to transcribe it , and set it before your eye , for your further Conviction , and a Caution to the Posteritie . But to close this , give me leave , Deare Brethren , to say this one word more ; that often , under my sinking soul-anguish and sorrow , because of this Indulgence , and its woeful effects , I have with an anticipat complacency essayed to allay the sharpnesse of my sorrow , and to flatter my self into a cheerfulnesse in the pleasant expectation and hope , that amongst the Indulged themselves , amongst so many Godly men , there was more than a may be of hope , that the Lord would pitch upon some of these , and make use of them , to discover , with more conviction and advantage , the evil of this Indulgence , than any else is in case to doe : Blessed shall that man or these men be ! And O that I may not be disappointed in this expectation ! I know , the following History will fall under the severe Censures of many , and not a few will be ready to cry-out against it , ( who shall never be able to answer its reason , but by clamour ) as unseasonable ; I grant indeed , that it is the great Qualification of writing and speaking , that it be seasonable ; and it is also the great commendation of Hearers and Readers , that they have that wisdom of heart as to discerne both time and judgement ; for as a word in season and fitly spoken is like apples of go●d in pictures of silver ; so it is a rare thing , especially in a declining time , to be in case to judge what is truely such , and , as having escaped the mistakes ariseing from preconceived Prejudices , to approve that which is more excellent ; but whatever Prejudice may prompt some to say ; yet what is said by this wise Reprover will be found and entertained as an ear-ring of gold , and an ornament of fine gold unto an obedient eare . And for my confidence in commending it , as a word in season unto the Reader , I render these reasons . First , If men consider the hainousnesse of guilt , which the Author hath clearly demonstrat to be wrapped up in , and inseparably connected with this Indulgence , they will rather say , Alas , he hath been too long in comeing , to make a discoverie of its iniquitie ; than complain as if he had come to soon . Secondly , If men take it up in its true nature and tendency , and consider impartially the qualitie of its defection , according as it is here held forth , if they speake their soul , they must say , That a standing Testimony against this evil is of more value and worth , than all of us are , when sold out of the ground . Thirdly , It will not fall under the Censure of unseasonablenesse by any , except such as doe either down-right plead for the Indulgence and defend it , or else connive at it , as an aliquid nihil , not to be regarded ; and it is to me , and , I hope , will be so to many , in regard of such , that the one may be cured of their Confidence and the other of their Indifferency and detastable Neutralitie , a word in season . Fourthly Let this silence the clamour about its unseasonablenesse , and satisfie , yea plead the indispensible necessitie of it , at this time . That the Indulged Brethren have of late been more hot and high , than formerly , even to the threatning of men into a silence at its defection , by boasting us with a Vindication of the Lawfulnesse of their Acceptance ; and therefore , as to them it ought to be justly reckoned seasonable . Fiftly , Because somewhat hath been of late done even by the Non-Indulged , not onely to the strengthening of the hands of the Indulged , and giving them new confidence in their course , in obliquo , by covering all , and carrying towards them , as if they had done nothing amisse , But upon the matter ( for it is beyond my shallow capacitie otherwise to interpret , or understand the deed ) by a direct homologating of that Indulgence ; for now silence , as to all speaking against this evil , is made the very Door and Porch , thorow which all the Intrants to the Ministery must passe . I hope , they will not alleage , that this is misinformation , for now we have it under their own hand ; and the breach of this engagement is brought and laid down as a ground , upon which a Young man is challenged ; And therefore , it s now simply necessate yea more then high time to discover and detect the blacknesse of its defection , when the Church is thus brought in bondage by it . Sixtly , The severe insulting over some of the poor remnant , who cannot forbeare to witnesse their abhorrence at it , and dare not dissemble their hatred of it , constrained the Author to give the world this account , to convince them , how little reason the one Partie hath to insult thus over their poor Brethren , and how litle cause the other have to be ashamed of witnessing their dislike . Seventhly , Because it hath been often and still is objected to us , that we have made a hideous hue and cry after it , as a theefe , but neither would nor could render a reason , or prove it to be a coming-in not by the right door , but a climbing up by another way : And therefore , the Interest of truth constrained the Author , to give them and the world such a Plain and Publick Account of the reasons of his just dissatisfaction , as may abide ad futuram rei memoriam . And Lastly , Because there is a may be of hope , that as some at least of these Godly men Indulged may be hereby taken off , and all of them made more sober , and lesse violent ; so it is much more to be hoped , that the Non-Indulged will hence-forth more seriously consider what way to deliver the Church from this evil , their Brethren out of the snare , and how to keep themselves free from the transgression of giving this evil any interpretative countenance ; ( for if God put it upon their heart to apply it , the Plaister is in their hand , to wit , a just discountenanceing of this as a defection . ) And withal that they will henceforth appeare more friendly towards the real Lovers of them and the cause ; and holders fast of their integritie , and lesse severe against such , who ought to be countenanced , cherished , and encouraged for their uprightnesse in hateing the Supremacy , as the spring , and all the streames that flow from that corrupt and cursed fountain ; and hereby shall they have better accesse , when real affection and tendernesse upon these accounts is witnessed , to curbe or cure these excesses , which are not inseparable from , yea incident to the zeal of the best of Saints out of heaven ; for it is there that our fire will want smoak . Deare Brethren I shall detain you no longer from Peruseing this History . And that you may in calmenesse and without Prejudice consider what is said ; and that the Lord God himself may , as in all things , so in this thing also , give you Light , is for you the soul-desire of Your poor afflicted Brother and welwisher . THE HISTORY OF THE INDULGENCE . AFter the unexpected Alteration ( which proved indeed a Convulsion falling-out so suddenly ) that came upon the Church , after the Kings restauration , when beside many other sad passages , ( and too many here to be commemorated ) the memorie of which may make tears trickle down from our eyes , so many of the able , painful , faithful and succesful labourers in the Vineyard of the Lord were by one Act of Councel at Glasgow Anno 1662. put from their work ; and by violence thrust out of the Vineyard , where the Lord had set them to labour ; even to the number of Three hundered and above . Nor was it enough to the Rulers to banish all those by an Act from their own Parishes ; but to make this banishment yet more grievous , and the life of those faithful Servants of Christ yet more bitter and less vital , they thereafter did command them to remove from their own Paroches twentie miles , six miles from a Cathedral Church , and three miles from a Brugh . After ( I say ) this surprizing and astonishing blow , tending so directly to the overthrow of the Lords Ministrie , in that Church , and the Introduction afterward of abjured Prelacie , whereby the Church became suddainly filled with aswarme of locusts ; and the many Acts made to enforce a compliance among the people with this defection , and actual conformity thereunto , and that so violently and rigorously , as even simple withdrawing was made seditious and criminal , and severely punished : the ejected Ministers began to think with themselves , that this tyrannical ejection did not , nor could not , unminister them , or make them no more Ministers of Christ ; so as they might not preach the Gospel , wherever they were , as Ambassadours of Christ ; but , on the contrary , they saw , that they lay under the wrath and displeasure of God , if they should not preach Christ ; and that a necessity was laid upon them , yea and wo was unto them , if they preached not the Gospel ; according to that 1 Cor. 9 : v. 16. and they observed likewise , that the necessity was now great , yea greater than ever , upon many accounts : And on the other hand , the people being more and more alienated from the Swarm of Curats , as being not only prodigiously profane , and lascivious , vaine and ignorant ( enough to demonstrate , that they were never the authorized Messengers of Christ ) but also highly guilty of perjurie and defection , in their compliance with , receiving their commission immediatly from , acting in subordination to , and by a power derived from the abjured Prelates , contrare to the Word of God , the Primitive Pattern and our own Reformation , confirmed by Oaths , solemne Vowes and Covenants ; and being sensible of an obligation still lying upon them to owne the outed Ministers , as the faithfull Servants of Christ , and therefore under a necessity to hear them , and to receive the Ordinances of Christ , as dispensed by them : both the one and the other saw themselves called to some other exercise , both to restifie their adherence to their former avowed Profession , their abhorrence of the abjured re-introduced Prelacie , and their willingness to keep Christ , in his pure Ordinances , in the Land. Wherefore not a few of the more serious Ministers , bethinking themselves , and considering the many obligations lying upon them , to preach , and to be instant in season and out of season , and considering the urgent necessitie , and withall the cheerful readiness and willingness of the people to hear , saw themselves called of God to preach as Ministers of the Gospel , wherever providence ordered their abode ; and thereupon , as occasion offered , preached unto all such as were willing to hear ; but at first ( that they might as little displease the Rulers , as possible ) only in privat houses , and that for the most part , ( if not altogether ) at such times , when there was no publick Worshipe in the publick meeting places . ( A superplus of caution . ) But such was the rage of the new installed Prelates , and such was their Indignation at , and Enmitie against those outed Ministers , and chiefly at and against the work they were about , as knowing that if Christ were keeped in the Land , and a memory only of him were reserved , they could enjoy no quiet in their usurpations ; that they ceased not to stirre up the Rulers , to all extravagancies of Cruelty , for suppressing of the Innocent , Peacable and Harmeless Assemblings . Hence came severe prohibitions , discharging all such meetings under exorbitant Penalties , both upon the Masters of the houses , where these Assemblies were found , and upon the Minister found there exercising , and upon all and every one present , without exception , Hence were houses forced and searched , and many hailed to prisons , and several necessitate to escape at windowes with the hazard of their lives ; Officers and Spies sent unto and set in several suspected places , to seize and fall upon such , as they found at such meetings , or but suspected to have been there : whence it came to passe that many , both men and women , young and old , have been dragged to Prisons , and there closs keeped , as if they had been the worst of Malefactors , besides several other outragious and illegal Acts of Violence and Oppression committed against them , contrarie to all Law , Equitie and Conscience . The faithful Ministers and people , desireing still to follow the Lord , in the duty of the day , and finding so many and so great Difficul●ies , in their Assembling in Houses , where they were so easily attraped , and could with so great hazard meet , and with difficultie escape the hands of these Burrioes , were constrained at last to keep their Meetings in the fields , though without all shelter from Cold , Winde , Snow , and Raine : Whereupon the rage and fury of the Rulers , instigated by the Prelates , did break forth into more excessive and boundless Flames : Whence came severe Acts of Councel and Parliament against the same ; and all wayes of cruelty imaginable taken , to suppress these House and Field meetings ; field meetings being discharged under the paine of death unto the Minister and Convocater , and other grievous penalties unto such as did meet : Which course of severity and rigour hath continued unto this day : But to mention the several Steps , Methods , Means , Consequences and Effects of this Tragoedie , would make too long a digression , It is sufficient for us to notice , that the Suppressing of these Meetings hath been the butt , a● which a great part ( if not the far greatest ) of the Acts and Actings of the Rulers have been levelled , ever since they began to appear ; and the onely occasion of so many Acts of Cruelty , and of Enormitie in point of Justice and Legality ▪ they being the onely eye-sore of these Enemies to Christ and His Interest , and that which they had been hitherto , both with cruelty and craft , seeking to destroy , by Tyrannical Acts and Lawes , and by more Tyrannical and illegal Executions ; as if these Assemblers had been no more lawful Subjects , but open Traitours , and the Worst of Rebels . Hence came the filling of P●isons with such as were apprehended , the sending of such Ministers as were taken into the Basse ; the setting of a great summe of Money upon the Heads of some ; liberty granted to Souldiers to wound and kill , in seeking to apprehend Ministers , and to apprehend and trouble any person they found on the high-wayes ; the selling of honest people , as Slaves , unto the French Captains , and unto Persons going to America ; the Banishing of the Wives and Children of the outed Ministers , that were come to Edinburgh for shelter , commanding them to dislodge within the short day prefixed , under the paine of being forcibly shut up , or dragged out ; the appointment of a Major in Edinburgh , with command over the Town Guards , and a good salarie for this very end , to apprehend , at all times , all such Ministers or people , as he could finde Assembling together ; the out-lawing of several Ministers , and many hundereds of Professors , discharging all supply , were it but of bread or water or of a nights lodging , to be given unto them ; and what not ? In the midst of all this furie , and after the quashing by blood , illegall & most falsly patcht up for saltures , of severall estates escheating and confiscating of goods , of that trouble Anno 1666. , occasioned through the Barbarous Executions of illegal Commands , against simple Non-complyers with the course of Prelacy , the King ( at whose instigation , or in compliance with whose Desire and Request , I know not ; but that it was not of God , nor of Christ , nor of the Spirit , that I know ) essayeth other meanes , and taketh other measures ; ( but all tending unto the same destructive end designed , to wit , the suppressing and banishing out of the Land all these Memorials of the Lords Covenanted Interest , and of his presence in the Land , the Assemblies , ( I mean ) of his Servants , to serve and Worshipe him ; according to the pure Order of the Gospel , after the example of Christ and his Apostles , & those primitive Christians , which willingly followed and heard them , ) when by cruelty the Rulers saw they were not able to attaine their end , but the more they laboured that way , to suppress these meetings , the greater and more frequent they grew , the craftie device of an Indulgence to some certaine select persons of the whole outed Ministers is fallen upon ; which if it had been more General or Universal , than it was , had in all probability , proven an effectual meane for attaining of that , which they were so earnestly labouring for , viz. the extinction of the whole Remnant . Being now to discourse of this Indulgence , as it is called , we shal beginne where it began to appear ; that is at the Kings Letter to the Councel hereanent , dated at W●it●hal the 7. of Iuny 1669. which was as followeth . CHARLES REX . Right Trustee &c. Wee Greet You well . Whereas by the Act of Councel and Proclamation at Glasgow in the Yeer 1662. a Considerable number of Ministers were at once turned out , and so debarred from preaching of the Gospel , and exercise of the Ministerie ; we are graciously pleased to authorize you , our Privie Councel , to appoint so many of the outted Ministers , as have lived peacably and orderly in the places , where they have resided , to returne to preach and exercise othe● functions of the Ministery , in the Paroch Churches , where they formerly served , ( provided they be vacant ) & to allow Patrons to present to other vacant Churches , such others of them , as you shall approve . And that such of these Ministers , as shall take Collation from the Bishop of the Diocie , and keep Presbyteries and Synods , may be warranted to lift their stipends , as other Ministers of the Kingdom . But for such , as are not , or shall not be collated by the Bishop , that they have no warrand to meddle with the vacant Stipend , but only to possesse the Manse and Gleib ; and that you appoint a Collector for these and all other vacant stipends , who shall issue the same , and pay yeerly maintenance to the saids not collated Ministers , as you shall see fit to appoint . That all who are restored , or allowed to exercise the Ministrie , be in our Name & by our Authoritie enjoined , to constitute and keep Kirk-Sessions , to keep Presbyteries and Synods , as was done by all Ministers before 1638. And that such of them , as shall not obey our Commands in keeping Presbyteries , be confined within the bounds of the Paroches , where they preach , aye and while they give assurance to keep Presbyteries for the future . That all , who shall be allowed to preach , be strickly enjoined , not to admit any of their Neighbour or other Paroches unto their Communions , nor Baptize their Children , nor marry any of them , without the allowance of the Minister of the Paroch , to which they belong , unless it be vacant for the time . And if it be found upon complaint made by any Presbytery to you , our Privie Councel , that the people of the Neighbour , or other Paroches , resort to their Preachings , and deserte their own Paroch Churches , that according to the degree of the offence and disorder , you silence the Minister , who countenances the same , for shorter or longer time , or altogether turne out , as you see cause . And upon complaint made and verified of any seditious discourse or expressions in the Pulpit , or else where , uttered by any of these Ministers , you are immediatly to turn them out , and further punish them according to Law , and the degree of the offence . That such of the outted Ministers , who live peacablie and orderly , and are not reentered , or presented as aforesaid , have allowed to them foure hundereth merks Scots , Yeerly , out of the vacant Churches , for their maintenance , till they be provided of Churches . And that even such , who shall give assurance to live so , for the future , be allowed the same yeerly maintenance . And seing we have by these orders , taken away all pretences for Conventicles , and provided for the want of such as are , & will be peacable : If any shall be found hereafter to preach without Authoritie , or keep Conventicles , our express pleasure is , That you proceed with all severity against the Preachers and Hearers , as seditous Persons , and contemners of our Authority . So leaving the Managment of these disorders to your prudence , and recommending them to your care , we bid you farewell . Given at our Court , at Whitehall the Seventh day of Iuny 1669. & of our Reigne the 21. Yeer , by his Majest : Command LAUDERDAIL . Ere we proceed , it will not be amiss to set down here some few most obvious remarks , to the end , we may come to understand better the nature , and true import of this Indulgen●e , where of this Letter is the ground and Basis. And 1. We see it is said , That by the Act of Council , and Proclamation at Glasgow An. 1662. a considerable number of Ministers were at once turned out ; and so ( N.B. ) debarred from preaching of the Gospel and exercise of the Ministrie . Whence we cannot but observe , That those Ministers , who were by that Act at Glasgow banished from their Paroch-Churches , were not only debarred and hindered from preaching of the Gospel , and Exercise of their Ministrie , in their own Congregations ( which could not but follow by an inevitable consequence ) But in the sense and meaning of the Court , they were by vertue of that sentence debarred from , and incapacitated for preaching of the Gospel , and the Exercise of the Ministrie , any where ; and so according to the meaning of the Civil Magistrate , emitting this Edict , these Ministers were simpliciter deposed from their Ministrie , and looked upon as men , having no longer power or warrand , before God or Man , to preach the Gospel , or dispense Ordinances , as Ministers thereof . Whence it followeth , that the Indulgence ( as it is called ) is a full and formal opening of their mouth againe ; & ( as to some ) a Reponing of them , according to the meaning of the Indulgers ; who doubtless will not say , ( What ever the plain Language of their Practice be ) that they have power to countermand what God hath commanded , or to discharge such , from serving Christ in the Ministrie , as he hath strickly enjoined , and that upon all highest peril , to serve him so ; but they think , they have power from God , to silence Ministers from preaching when they will ; and againe to open their mouthes , and grant them liberty to Exercise the Ministrie , as they see good ; and that the Lord Authorizeth what they do ; and so , they do but what Church-Judicatories were in use to do formerly , or Prelates yet do , as to such , who are under them . Here then being a Full , Formal , and judicial Power , granted to such , as were , in the Courts Iudgement , put from their Office , deprived of and debarred from the libertie of exercising the same , or any part thereof , to re-enter into the full and free Exercise of the same ; it appeareth to me to be undeniable , That the accepters of this Indulgence have , upon the matter , assented unto this grievous incroachment upon the Priuileges of the Church of Christ. Our Church never thought it competent to the Civil Magistrat , to depose Ministers from their Office , or to suspend them from the Exercise thereof . Let the Second Book of Discipline be viewed ; Let the CXI . Propositions be considered ; Let the Propositions for Government be looked upon ; Let our first or Second Confession of faith , or the late Confession , drawn up at West-Minster be pondered ; Let the writtings of our worthies Mr Rutherfoord , and Mr. Gillispy be read ; Yea , let all our publick proceedings , and the whole tenor of the pub●ick actings of our Church be remembered , and it will be seen , that the granting of this unto the Magistrate is point-blank contrary unto all these ; Yea , & to all the writtings of the Orthodox Anti-Arminian Anti-Erastian Divines . But I know it will be said . That the Receivers of the Indulgence cannot helpe what the Magistrate saith ; they know what themselves think ; and as they did not look upon themselves as deposed , when banished from their own Parishes , as appeared by their preaching else where after that sentence ; so they grant no such power now unto the Magistrate : Yea , when some of the Indulged were some yeers thereafter called before the Councel , it was said roundly by their Mouth , That they had received their Ministrie from Iesus Christ. But I answere , ( 1. ) Though the Indulged could not cause the Magistrate speak otherwise , than he would ; yet they were Masters of themselves , and of their own actions ; and they had liberty to do and speak that , which before the world might testifie and declare , that they did not assent unto that assuming of Church power , but on the contrary did dissent there from , and protest against it , as a sinful Usurpation and Incroachment . What publick Protestation was , I pray , given in against this , first or last ? What Plaine and Positive Testimonie was borne unto the Doctrine & Practice of our Church , in this point , which many of our forebearers did owne unto Banishment and Bloud ? ( 2. ) As for that , which was said by the mouth of some of them , ( of which more afterward ) it was but a poor salvo , in the case ; bec●use no man breathing , neither Magistrate , nor Church-Judicatory , can properly give the Ministerie ; that being proper to Christ Jesus alone : Men only can Instrumentally and Ministerially convey & apply the power , which is of Christ , unto such or such a Person : now I suppose these Brethren , who spoke so by their mouth , did not think or meane , that they had their Ministrie from Christ immediatly , without the intervention of an instrumental and ministerial cause : So that notwithstanding of this , by their practice they might and did declare , that the Civil Magistrat was the Instrumental and Ministerial cause , lawfully Authorized to repone them to their Ministrie ; that is , that all that power of Deposeing & Reponing of Ministers , which by our Reformed Doctrine , Discipline and Practice , hath been asserted to agree only to Church-Officers and Church-Judicatories , is competent to the Civil Magistrate , as such ( 3. ) Further it may be noticed , that a Minister once deposed , or suspended , and now reponed by a lawful Presbytery , might say the same , to wit. That he receiveth his Ministrie from Iesus Christ , with full Prescriptions from him &c. Without the least questioning of the lawful Ministerial and Instrumental power of the Presbyterie , in that affaire : So that it is manifest , that this could not salve them from a real acknowledging the Council upon the matter , to have the Ministerial power of Deposing and Reponing of Ministers ; and that , de jure . ( 4. ) Itis true , thei● preaching else where , after their Banishment from their own Congregations , will say , that in so far , they did not acknowledge themselves deposed from the function ; yet it will not help much ; for their by past faithful deportment will not lessen their fainte at this time , but rather aggravat their cedeing , or their silence , at the accepting of this Indulgence , springing forth of such a fountaine . Their by past honest carriage ( I speak here upon supposition , that they did sedulously preach elsewhere , when thrust from their own Charges ; though I apprehend , it will be found true , but of a few of them ) should have prompted them now to a plaine declaration of their adherence to their former Principles , and of their abhorrence of such gross and Palpable Invasions upon , and Usurpation of the power , which Christ hath granted only to his Church . 2. We may remarke , that it is said , We are graciously pleased to authorize you , our Privie Councel ( N.B. ) to appoint so many of them &c. and againe , as you shall approve of . Whence it is obvious ( 1. ) That all the power , which the Privie Councel had , was from the King ; and consequently , that they go no greater length , than the Kings Letter did allow ; and that their Actings could not justle with , or cross the Scope , Intent and Designe of his Maj. Letter ; but fully comply therewith in all points , and in all its Designes . So that , when any doubt ariseth anent what the Councel did , we must , for obtaining of Satisfaction and Clearness , have our recourse to this primum mobile , the Spring and Principle of this Motion , and the Ground and Basis of the Councels Actings : Yea we must interpret the Actings and Deed of the Councel by this Letter , which was their Cynosure , by which they were to direct their course , and their Rule and Ground of Acting . ( 2. ) Itis obvious allo , that That power , which they are authorized to exercise , is a Power to appoint such and such Persons , as they think meet , and shall approve of , to go to such and such places . It was not then a Command given , or a power granted to recal the Act of Glasgow , whereby the Ministers were banished from their Charges ; but a power to meddle with pure Church-matters , and that immediatly ; that is , to judge and cognosce of the Qualifications of Ministers ; and so to approve or not approve of them ; and a powe● of installing such as they approved of , in such places , as they shall think meet , and none else . These things are plaine . And it is manifest , that there is herein a Plaine , Clear , Palpable and Gross Incroachment on the Liberties of the Church , and on the Power granted to her of the Lord Christ Jesus , as no man will deny , who is not a stranger to the Word of God , and to the Principles of Presbyterian Government , and to all the Acts and Actings of our Church from the very first Reformation from Popery . Wherefore , seing it is known , that in this case , qui tacet consentire videtur , he who is silent , is construed to consent : And it hath been alwayes accounted in our Church ( and is so also by the Word of God ) a sinful compliance with a wicked course , not to give faithful , free and timeous Testimonie against the same ; it is undeniable , that these indulged Persons , accepting this Indulgence , conveyed through such a channel , & flowing from sucha fountaine , as is already shown have not only fainted , as to their duty ; but are interpretatively assenters unto this Usurpation . 3. The Qualification of those , who are to be restored to the Ministrie , is here also to be remarked , in those Words , So many of the outted Ministers , as have ( N. B. ) lived peacable and orderly , in the places , where thy have resided . I shall be far from saying , that Ministers should not live peacably and orderly ; but we ought to consider , what is accounted , living peacably and orderly , by such as propose this Qualification : And that sure , to speake it in the smoothest of Termes , is a negative compliance with all their Tyranny , Oppression of Church and Countrey , Bloudshed , Overturning of the Work of God , Establishing iniquity by Law , Perjurie , Apostasie , Re-establishing of Perjured Prelats , and abjured Prelacie , intruding of Hirelings ; Persecution of conscientious people , for not acknowledging of these Hirelings as lawful Ministers of the Gospel &c. That is to say , have been very quiet and silent , as to the bearing of faithfull witness unto the Cause of God , and the work of Reformation , according to our solemne Oaths and Covenants ; and have been loath to transgres any of their iniquous Lawes ; and careful to walk and carry so , in all their deportment , as not ●o displease them in the least . Now I would think that this very thing should have been enough to have scarred tender conscientious persons from accepting this Indulgence . What Son of the Church of Scotland could have accepted of a favour , in the bosome of which lay this Reproach ? Who could have accepted of this Indulgence , and not with all openly have thereby declared , that he was one of those peacable livers , for whom it was designed , and upon whom in special , as such , it was to be conferred ? And however this peacableness and orderliness was accounted a good Qualification by the Rulers , and a satisfactory Mark unto thē of the fitness of these Persons , for receiving of their favours , and a sufficient ground of security unto them , that these Persons would not stand in the way of their further destructive progress , nor marre them in their further pernicious designes : It seemeth strange to me , that conscientious Sons of the Church of Scotland , should have suffered themselves to be looked upon , with such a special eye of favour by those Enemies , and to be distinguished from others by such a Character , as in our good times , and according to the wholsome Canons of our Church , would have exposed them unto the highest of Church Censures . Had they not then a faire occasion here , yea and a loud ●all , to vindicat themselves from this Aspersion , howbeit esteemed , judged and declared the prime and indulgence-procureing Qualification by the Rulers ; and to have born witness unto the Truth of God ; if their desire to the offered favour , and love to that esteem with the Rulers , had not been too excessive and prevalent ? But there is another thing beside remarkable here , to wit. That here we see , the Magistrate assumeth to himself power to prescribe , to determine and to judge of the necessary Qualifications of Ministers , or of their Qualifications sine quibus non . And moreover , That the accepters of the Indulgence after this manner , did , upon the matter , and interpretativly , give their assent to , and approbation of these two things : First , That the Magistrate , as such , hath power to prescribe , to specifie and to declare what are indeed , and what he will have to be looked on as , the only Qualifications , necessarily requisite in Ministers : And next , That the Qualifications , by him here specified and expressed , are the only Qualifications necessarily requisite in Ministers : And consequently , that the Apostles and Primitive Ministers , who neither could nor would have lived so peacablie in reference to the Heathen Emperou●s , and their wicked Decrees , when no more repugnant to the Interest of Christ and of the Gospel , than the Decrees and Executions of our Rulers have been , were not rightly qualified for the Ministrie . Adde to these , That hereby they acknowledged themselves to be duely qualified after this manner , that is , to have been and yet to be such , ( and that deservedly , after the Court construction ) as have lived peaceablie and orderly , in the places , where they have resided . 4. There is another remark in the Letter obvious , where it is said [ That such of these Ministers , ( i.e. who are indulged ) as shall take Collation from the Bi●hop of the Diocie , and keep Presbyteries and Synods , shall be warranted to lift up their stipends , as other Ministers of the Kingdom . But such as are not , or shall not be collated , shall have no warrand to meddle with the local stipend ; but onely to possesse the Manse and Gleibe and shall have such a yeerly maintainance , as the Councel shall think fit to appoint , out of the vacat stipends . ] Though this , at the first view , may not seem very material , yet it will have its own weight , when we consider these things following , ( 1. ) That the Law of God alloweth such , as serve at the Altar , to live by the Altar ; and that the very ox , that treadeth out the Corn , should not be muzzled ; and that the labourer should have his hire ; as we see 1 Cor. 9. Gal. 6 : ver . 6. 1 Tim. 5 : 17 , 18. And that all Equity and Reason requireth , that the Benefice should follow the Office , as an accessorie and consequent thereunto . ( 2. ) That Ministers stipends are a part of the Church-rents and Emoluments ; and are as proper and due unto the Ministers of the Gospel , who serve in the place , as the Rents of any mans heritage is to him , who enjoyeth it ; these being irrevocablie given away and dedicated to the Church , and the said Donation confirmed and ratified by Law. ( 3. ) Our second Book of Discipline , approven in all points by the General Assemblie , prescribeth other Collectours of these Stipends , or of the Church Rents , than such as the King or Councel should name , and that in conformitie to the Word of God and Primitive Patern ; as we see Chap. 9. Where , speaking of the Patrimonie of the Kirk , and of the Distribution thereof ; and after they have told what they meane by the Patrimonie of the Kirk they have these words . To take any of this Patrimony by unlawful meanes , and convert it to the peculiar and prophane use of any person , we hold it a detestable Sacrilege before God : And then they adde : That the goods Ecclesiastick ought to be collected and distributed by the Deacons , as the Word of God appoints , that they who bear Office in the Kirk be provided for , without care or solicitude . ( 4. ) That there is an introduction here made to that , which may ever hereafter prove noxious and hurtful to the Church ; even way made to the bringing of the Ministers of the Gospel under perfect slavery unto the State ; for hereby we see they must be obnoxious to them , and depend upon them , not only for the quota of their stipend ; but also for the actual and yeerly payment thereof ; for yeerly must there an address be made unto the Councel , or to the Exchequer , by every Minister for his Stipend : though this be altered now ; yet there was no appearance of it , at their accepting of the Indulgence , and several yeers after . Though this may seem but a matter of small moment ; yet we think faithful Ministers should have been tender of the least thing , which might but occasion , or usher-in bondage and slaverie to that poor Church , which hath had a wrestling life , what for one thing , what for another , from the very beginning : And sagacious persons might easily have foreseen , whither such a course , as this , did tend . And if hereafter the State should lay down such a course , as that in all time coming , all the Stipends through the Land should be uplifted by general Collectours , thereto appointed by them , and given-out by these againe , to such as , and in what quantity the State shall think fit , and so make the Ministers become their slaves , and to depend upon them , as if they were their domestick Servants , and Hirelings ( the inconvenience of which upon many accounts cannot but be obvious to any considerat and judicious person ) whom had we to blame , as first breaking the ice in this matter ? And was there not here ground enough to have refused this favour ( as it is accounted ) thus conveyed ; and to have declared , they would choose rather to preach gratis , than any way contribute unto the laying of such an yoke upon the neck of the Church of Scotland . Further , see we not here , that such a snare was visible before their eyes , that either they should accept of Collation from the Prelates , and so acknowledge their dependance likewise on them , and confirme these perjured Invaders , and comply with abjuted Prelacy ; or otherwise become the Councel's Pensioners , which did tend to a manifest prostituting of the credite of the Ministrie , and to the obstructing , of ministerial freedom and faithfulness , in declaring the mind of God , as becometh the Ambassadours of Christ ? 5. The next thing to be remarked , is the Injunctions here laid upon the Indulged , which are expressed in the Letter at some length . Which Injunctions either are Lawful , or Unlawful . If they be Lawful , Then ( 1. ) They must obey them without any hesitation . ( 2. ) Then they must acknowledge the conformable Clergie , as they are called , to be lawful Ministers of the Gospel . ( 3. ) And that it is lawful to keep the Prelat's Courts and Meetings ; and thus condemne themselves , for not doing so formerly . ( 4. ) Then the people are also obliged in Conscience to owne and acknowledge these Hirelings , as lawful Ministers of the Gospel , whom they are called of God to hear and obey . But if they account these Injunctions Unlawful , how could they by their silence , and accepting of the Indulge●ce upon these termes , tacitely approve of the same ? To say , That they did not positively approve thereof , is not enough : Yea , their not-disapproving thereof Openly , Plainly , Publickly and Avowedly , being so stated as they were , and circumstances considered , cannot but be accounted an Interpretative Approbation , by all Godly , Sober and Rational persons . Nor will it availe here to say , That these Instructions were not proposed condition-wayes : For the Councel , ●hat are both the best Interpreters of this Letter , and of their own deed , in consequence of and in compliance with the same , tell us in their Act August 10. 1677. that the Indulgence was accepted upon condition of keeping and observing of these Instructions , in these words : For as much as the Lords of his Maj. privy Councel , did confine several outed Ministers to particular Paroches , with allowance to preach and exercise the other functions of the Ministrie within the same ; and did ( N.B. ) deliver unto them certain Instructions to be keeped and observed , upon which they accepted the Indulgence , granted to them : And againe , after whatsoever manner these Injunctions were proposed , yet it is certaine , as we see , they were intended so . And if these Ministers had expresly told the Councel , that they would observe none of these Injunctions , because they judged the same unlawful , and themselves obliged in conscience to declare the same ; shall any think , that the Councel would have granted them this Indulgence ? Had not that been a direct crossing of the designe and purpose of the King and Court ? How should then the people have been amused into a stupide quiescence , and asse-like couching under the burden , and blown-up with an irrational and groundless expectation of some desirable change ? It cannot , moreover , here satisfie , to say , That they undertook nothing , but resolved to do , as they found clearness ; and when they were not clear to obey to subject themselves to the penalty . For the Counsel , ( as we see ) offering the Indulgence upon condition of observing the Injunctions , when they accepted of the benefite , offered on those termes , they could not but also embrace the termes , upon which the benefite was offered ; and their accepting of the benefite was a plaine declaration of their acquiesceing in and satisfaction with the termes . And further , when they accepted of the benefite , either they accounted Obedience unto these Injunctions Lawful , or Unlawful . If they accounted it Lawful , why were they so disingenuous , as to simulate some hesitation , when they were clear and certaine ? This was not the carriage of faithful , & zealous Servants of Christ. If they did account that Obedience unlawful ; Why did they not declare so much ; especially when their silence , at the acceptance of the benefite so offered , could not but be construed by all , to be a full satisfaction with the Conditions ? did not their silence confirme the Councel of the lawfulness of the Obedience , required to these Injunctions ? This looked not like the carriage of our worthie Fore-fathers , and zealous Reformers . Moreover , what in case the Councel had likewise injoined them ( after the same manner of way , that they proposed the foresaid Injunctions ) to preach Justification by works , The Popes Infallibility , or the Kings Headship over the Church , or some such thing ? Would it have been faire in them , to have come away thanking their L L. for the favour , which was bestowed upon them , & satisfying themselves with this mental reservation , We will do as we shall be answerable , and take our hazard ? Could any have justified them in this , or judged their carriage Ministerial ? Might not every one have said , that they had taken up their Ministrie , in an unlawful way , not approved of God ; and so had run unsent ? Finally , Let me ask the Reader , if the King or a great Noble man should grant to a Person some considerable Charge or Imployment in his familie , which possible the same Person had before , but was lately thrust therefrom ; and in the mean time should lay upon him some injunctions , which seemed onerous , or not very lawful ; could any think , that his accepting of the Charge and Imployment , and returning thanks therefore , did not speak out most clearly his acquiesceing unto the conditions , his accepting of the Charge upon these conditions , and his tacite promise to obey these Injunctions , especially since he made no exceptions against them , when mentioned and proposed ? 6. We remark further that the Letter saith , That none of these Ministers have any seditious discourses , or expressions in pulpit , or elsewhere . And what is understood here , by seditious discourses or expressions , we cannot be ignorant ? But now , what Conscientious Minister can either tacitely promise such a thing , or upon the highest ●eril forbear to utter such discourses ? Or who can think , that any such thing can be yeelded unto , who considereth , what God requireth of Ministers , in reference to a Corrupted and Apostatized State ? and what the weight of the bloud of souls is ? and who hath ever read Ezek. 3 : vers . 17 , 18 , 19 , 20 , 21 , 22. and Chap. 33 : ver , 7 , 8 , 9 , 10. and considered , what a fearful thing it is to fall into the hands of a living God ? It is true , the Councel in their act made no mention of this ; for what reasons ; themselves best know : Yet it is sure , that the King and Court expected that none should have the benefite of the Indulgence , but such only , of whom they had , or thought they , had all the rational security imaginable , that they should be men of other Principles , than to utter such expressions . And we may be very certaine , that the Councel , in pursuance of the ends of his Maj. Letter , made choise of such , as they accounted most peacable , and of whom they had the least fears imaginable , that they should ever utter , whether in pulpit , or out of pulpit , such seditious discourses and expressions . They took them ( no doubt ) to be men of a more peacable disposition , as they called it , and more wise and sober ( to speak according to their dialect ) . But oh , what will after ages say , who shall hear of the Kings Letter , and what the Councel did in pursuance thereof ; and see also that N. N. &c. without the least Testimony to the Truth , accepted of the offer , and never hear , where or when these Persons were challenged , or accused for uttering of such speeches ; that is , for an honourable mentioning of the glorious work of God , so miraculously wrought and carried on ; and a faithful Testifying against the unparallel'd perfidie and breach of Covenant , and against the most abominable , irreligious , inhumane and tyrannical Acts , made for establishing of this wicked Course of Defection ? What ( I say ) will after ages say , when they compare this with the valiant and zealous deportment of our Predecessours , and of some , at least , of these same persons Anno 1648. and some yeers preceeding ? It will not be a sufficient covering for this nakedness to say , They heard nothing of that , while they received the Indulgence : For it is not unlike , but they saw or heard of the Kings Letter ; and the report of such an expression therein should have made them diligent to have gote a sight of it , if it was not offered unto them : and their Mouth did clearly , in his discourse before them ( as we shall hear ) intimate , that they were no strangers thereunto . And suppose they had known nothing of this ; yet they could not be ignorant , that this was included in their qualifications . And if they should reject all this , as importing no consent on their part ; Let their practice , since the accepting of the Indulgence , say , whether or not they have regairded that , as the maine and only condition . However I think here was ground enough for them to have scrupled at the embracing of this supposed favour . 7. The next thing here to be noticed in the Letter , is the Power and Command , which the King giveth to the Councel , to silence those Ministers for a longer or shorter time , if they disobey these foresaid Injunctions ; and if a complaint be verified the second time , to silence them for a longer time , or to turne them out ( that is , in plaine language , to depose them simpliciter ) especially if they utter any sedicious speeches . He must be very blinde , who seeth not what height of Erastianisme is here : did ever any of the Reformed Churches say , that a Magistrate , as such , could suspend and depose Ministers from their Office ? Did ever King Iames assume this power unto himself ? See if his Declaration , penned with his own hand , signed and delivered to the Commissioners of the Church of Scotland at Linlithgow Dec. 7. 1585. saith so much , though at this time he had gote his Supremacie in Church-matters screwed up to the highest peg , he thought attainable ? Did ever any of our Confessions of Faith , or Books of Discipline , or Acts and Canons of our Church , give the power of the Keyes , the power of inflicting Church-censures upon Ministers , unto the Civil Magistrate ? Did ever our Divines ( for I except Court Chaplains , and Parasites , whom I account none of ours ) write or say such a thing ? Read what Calderwood hath said , in his Altar . Damasc. pag , 23 , 24. and what worthy Mr. Rutherfoord hath said , in his Due Right of Presbyteries pag. 427. and forward ; and read that elaborat Tractat of Mr G. Gillespie Aarons Rod Blossoming , and see if there be any such thing hinted there . See if the CXI . Propositions , or the Propositions for Government , mention any such thing . Now if these Indulged be not Erastian in their Principles ( as I hope they are not ) I cannot see , but they are Erastian in their Practices : For they , knowing that such a power was assumed by the King , and now given and granted by the King unto the Councel , whereby they were authorized to put the same in practice , and so to exercise pure and intrinsick Church-power , that is , inflict pure Church-censures , Suspend and Depose Ministers : That is , ( 1. ) Not only not to suffer them to preach and administer Sacraments , in his Kingdom and Dominions , ( which yet worthie Mr Rutherfoord will not grant , in his Due Right &c. pag. 430. upon these accounts 1. Because the King as King hath not Dominion of places , as sacred and religious , for his power in Church-matters is only cumulative , not privative ; so as he cannot take away an house , dedicated to Gods service , no more than he can take away maintainance alloted by publick authority upon Hospitals , Schools , Pastors and Doctors . 2. The Apostles might preach in the Temple , though Civil Authority forbad them . 3. And all know , that he cannot hinder the exercise of the Ministrie , in any other Kingdom , ) it is not this onely , I say ; but simplie not to preach , and administer the Sacraments . ( 2. ) It is not only to discharge the exercise of the Ministrie ( which yet Mr Rutherfoord , ubi supra pag. 431. with Calderwood take to be a degree of Suspension , which is an Ecclesiastical degree to the censure of Excommunication ; and therefore the King may as well Excommunicat , and remit and retaine sins , as he can suspend : ) but it is to take away the very power of Order , given instrumentally by the Church ; if ; with Papists and Formalists , they asserte not an indeleble Character . And ( 3. ) It is the taking away of what he never gave ; for he never ordained , nor could ordaine a Pastor , by any Law of God ; that is , Ecclesiastically designe , appoint , set apart , and constitute a qualified Person to the Ministrie , by prayer and laying-on of hands ; for this was alwayes done by Church-officers Act. 13 : v. 3. and 14 : v. 23. 1 Tim. 4 : 14. and 5 : 22. 2 Tim. 2 : 2. Tit. 1 : 5 , 6 , 7 , 8 , 9. Doth it not hence appear , that this was a manifest Usurpation of the Power and Privilege of the Church ? And what can the silence of such , as were indulged , as to this , when they accepted of the Indulgence , from such as were , in the very giving thereof , openly and avowedly declaring this their Usurpation and Incroachment , say before the world , but that they acquiesced thereunto ? This matter was not hid under ground ; It was plaine enough to all , who would not put out their owne eyes , that the King was assuming to himself Church-power , and was robbing the Church of her Privileges ; and to make way for the full accomplishment thereof , did here command and authorize his Councel to appoint such and such Ministers , so and so qualified , to such and such places , as they thought good , with this manifest certificate , that they must expect no Church-censures to be inflicted on them , for any crime or misdemanour , they shall be charged with , and be found guilty of , but by the Civil Magistrates immediatly ; not Causatively , that is , causing Church-Judicatories do it ; but doing it immediatly themselves . Who then can justifie them , and their practice , in accepting so thankfully , as they did , that Indulgence , without the least word of a Testimonie against all these open and manifest Incroachments ; and that at such time , when the designe of tyrannizing over the Church , in an Erastian way , was so palpable , and might be seen and known of all , who would but open their eyes ? But there is another thing , which here occurreth ; We see here that these Indulged Persons , are standing immediatly under the Censure of the Civil Magistrate , not only for transgressing of the Orders , and Instructions given ; but also ( as must necessarily follow ) for any other failing and transgression , not specified ; as for example for Fornication , Sabbath-breaking and other Sins and Scandals , deserving Deposition or Suspension : For put the case , that some of them ( which yet I have no cause to fear ) should commit any such scandal , as did de●erve , or were usually punished by Suspension or Deposition ; who shall inflict this Censure upon them , but the Councel ? There is no Church-Judicatorie having power over them for that effect ; and they are not under the Prelates ; And we cannot think that they may commit such crimes , and continue in the Ministrie ; Nor may we suppose , that they will suspend or depose themselves . 8. Moreover we must remark here , that the Councel is to take notice of their speeches in pulpit , who are indu●ged , and to punish them ; yea , to turne them out immediatly , if they be found to have uttered any sedicious Discourse : By which we see , that the Councel is made the immediat formal judge of Ministers Doctrine , for under the pretext of sedicious Doctrine , they may judge and condemne the most innocent and orthodox truthes . No Anti-Erastian Divine will grant this unto the Civil Magistrate . And though it be true , that the Civil Magistrat can only and properly judge of what is truely sedicious , and can only civilly punish for such crimes : Yet our Divines never granted , that the Magistrate might in prima Instantia examine , and judge of Ministers Doctrine , when alleiged to be sedicious , or treasonable : Nor did our Church , in her pure times ever yeeld to this . Our Church-Historie tels us , that Mr. Andrew Melvine , that faithful and zealous Servant of Christ , would not answer before the King and the Councel , for his alleiged treasonable discourse in Sermon , until he had first given-in a plaine and formal Protestation ; and the like was done by worthy Mr David Black upon the like occasion , and the Protestation was approven and signed by a good part of the Church of Scotland 1596. And we know also upon what ground it was , that that famous late Martyr for the Liberties of the Church , Mr Iames Guthrie , was questioned , and put to suffer : Now where was there any thing spoken by the Indulged , to bear witness to their adhering to the Church of Scotland , in this point of truth ? What was said , that might declare their dissent from this piece of Encroachment ? Was not their silence here , and accepting of the Indulgence , in the manner as it was accepted , without any publick Testimonie for the Church of Scotland and her Liberties , a Declaration , that they were willing that all their Doctrine should be immediatly , and in prima instantia , judged and examined by the Councel ; and consequently , that our Predecessours in offering Protestations , in this case , were to be condemned , and that Mr Guthrie died as a fool ? 9. We may remark a snare laid in the Letter to catch moe : for it is appointed , that such of the outted Ministers , who have lived peacably and orderly ( here is a Discriminatiō made , no less scandalous to the commended , than dangerous to the rest ) and are not reentered or presēted , as aforesaid , shall have allowed to them foure hundereth merks scots yeerly , &c. — And that such as will give assurance to live so for the futurē , be allowed the said yeerly maintainance : Seing it is not unknown what is properly here understood , by living peacably and orderly , any may see what a snare is laid here to catch others . But some will say , what is that to the Indulged ? I think it speaketh very much to them ; for had they not accepted of this Indulgence , that temptatiō had been removed from the door of others , who now , seeing them without any scruple accepting of the Indulgence offered , and granted unto them in special , only upon the account , and in consideration of their being peacable and orderly livers , are emboldēed to take that gracious gift , and accept of that Princely benevolence , upon the same account , and gape for a greater morsel , Viz. a Vacancie : And will not others , who are not fast rooted , be ready to engage , and give-in security , that they may also taste of the Kings gra●uity ; and so sell their consciēce and fidelity , at as good a price as they can . And if it fall out otherwise ( as I wish , and hope it shall ) that none shall accept of those baits , under which the hook is so conspicuous ; yet no thanks to the Indulged , who have so fairly broken the ice for them . I know , a scandal may be given , when not taken ; and such , as give the scandal , are guilty before God of destroying those for whom Christ died , Rom. 14 : 15. And that word of our Saviour Mat. 18 : 6. Luk. 17 : 1 , 2. Mark. 9 : 42. is very dreadful , But who so shall offendone of these little ones , which beleeve in me , it were better for him , that a mils one were hanged about his neck , and that he were drowned in the depth of the sea . I know they will say , They are far from this hazard , having done nothing , but what is du●y and necessary duty . But though I grant it an indispensible duty for Ministers to preach the Gospel , and to be instant in season and out of season : yet they might have preached without the Indulgence , as others did , and yet do ; and the accepting of the Indulgence was not the only necessary opening of a door to preaching . Nor is it of simple preaching that I am here speaking ; and they shall never be able to make it appear , that it is a necessary duty to do , as they have done , considering what is already said , and what shall yet further be said . 10. There is another particular in the Letter , worthie of a remark , and we shall but here name it ; and that is , Tha● the councel is to allow Patrons to present to vacant Churches such Ministers , as they shall approve of . Whence it is clear , that without this consent of the Patron , which is his real or virtual Presentation , the Ministers approven of by the Councel cannot have access unto these vacāt Churches : Therefore their accepting of the Indulgence unto Vacant places , after this manner , is an approving and an establishing of the power of Patrons ; whereby they did condemne all such Ministers , and possibly some of themselves , who formerly had suffered ejection , according to the Act of Glasgow , because they had no clearness to accept of this Presentation , even though the Patron would willingly have granted it , and did of his own accord offer it . Did they not hereby also condemne that laudable piece of our Reformation Anno 1649. When these Presentations were abolished , and the people restored to their liberty of Electing their own Ministers ? 11. We may also take notice , That all this contrivance is not in order to reduce our Church in whole , or in part , to her former Presbyterian state and lustre , or to weaken , or in the least deface , the re-established Prelacie ; but rather to confirme the same ; for in the Letter , we see these Indulged are to be enjoined , in the Kings name , and by his authority , to keep Presbyteries and Synods ; that is , the Prelats meetings , so called ; for there was no other . As also encouragment was given unto them to take the Prelates Collation . So that this contrivance , as it was to gratifie a few , so it was to corroborat the abjured Prelats , in their possessiō of what they had obtained , as their quid mihi dabit is . And further , they were discharged to exerce any Ministerial function towards any of the neighbour Parishes , where there were Curats serving . Now all these Injunctions , being manifestly sinful and unlawful , might have sufficiently cautioned them against the receiving of a favoure , so strangely clogged with sinful conditions ; or at least , prompted them to have remonstrated freely and faithfully all these evils , and plainly declared their fixed aversness from ever submitting unto these Injunctions , 12. The last particular , which I shall remark here , is the Result of all this ; or that rather which is the end mainly driven at , howbeit couched in words not so manifestly expressive of a mainly designed end . The words are in the last part of the Letter . And seing we have by these orders , taken away all pretence for Conventicles , and provided for the want of such as are and will be peacable ; if any shall be found hereafter to preach without authority , or keep Conventicles , our express pleasure is , that you proceed with all severity against the Preacher and Hearers , as sedicious person , and contemners of our Authority . In the by , we may here take notice , that according to the import and meaning of this letter , no Minister must preach either in or out of Conventicles , without a borrowed Authoritie from the Magistrate , otherwise they are to be looked upon , as sedicious persons , and as contemners of Authority : So that this licence or indulgence was a reall clothing of the Indulged and licensed ( in the sense of the Court , ) with authority to preach ; as if all they had from Christ , conveyed to them by the ministrie of Church officers , according to this Appointment , had been null , and altogether insignificant . Which one thing , in my apprehension , had been enough to have scarred any , that minded to stand unto their Presbyterian , Gospel and anti-Erastian Principles , from accepting of licences of this nature , so destructive to the very being of an Ecclesiastical Ministrie , and to its dependance on & emanation from Christ Jesus , the only Head and King of his Church , and sole Fountaine of all Power and Authoritie , communicated or communicable to his Servants and Officers , as such ; and so repugnant unto the methods and midses of conveyance , instituted and ordained by Christ , and practised in the primitive Church . But the other thing , here chiefly to be noticed , is , That as we see this device of the Indulgence was batched and contrived of purpose , to beare down these Conventicles , and to give a more colourable shew of justice in persecuting the zealous Conventiclers . It is true , the Persons Indulged were not of those chiefly , who keeped Conventicles , especially in the Fields ; for if so , they had not been such as lived peacably and orderly : And so , the Conventicle-Preachers were not much diminished in their number hereby ; yet it was supposed , that none of those ▪ who lived under the Indulged their Ministerie , would much trouble themselves to go to Conventicles , and field Meetings ; wherein , in a very great part , their supposition failed not . But now ; with what Conscience shall we suppose this Indulgence could be accepted , seing thereby , every one might see a further bar and restraint put upon those worthies , who jeoparded their lives in the high places of the fields in preaching of the Gospel , and were owned and contenanced of God to admiration , in the rich , yea wonderfully rich blessing of God upon their Labours , and Ministerie , dispensed by the sole Authority of Jesus Christ : yea and those of them , who were present before the Councel August 3. 1672. might have seen more cruelty breathed-out by severe orders , against those , who still followed the Lord , in Houses , in Valleyes and in Mountaines , though contrarie to the Law : For that same very day a Proclamation was issued out , commanding all Heretors timeously to declare any , who within their bounds shall take upon them to preach in such unwarranted Meetings ( as they were called ) and make their Names known to Sheriffs , Stewarts , Lords , and Bailiffs of the Regalities , or their Deputes , and all others in publick trust , within whose Jurisdiction they may be apprehended : And Authorizing these Sheriffs &c. to make exact search and enquirie after them , to apprehend and incarcerat their Persons , and to acquaint the Councel of their Imprisonment , And requiring the Magistrates of Brughs to detain them prisoners , till further Order ; and that under the highest paine : And also declaring that they would put all Lawes , Acts and Proclamations vigorously in execution , against withdrawers from the publick worshipe , in their own Paroch-Churches ? And thus was there a new fiery persecution raised , both against faithful Pastors and People . May it not be thought , that they had carried more honestly and ministerial-like , when seeing this End and Designe ( which could not be hid , ) if they had freely and plainely told the Councel , they could accept of no such Courtesie , unless the like were granted to all the faithful and honest zealous Ministers in the Land ; or at least , had declared and protested , that what was granted unto them might be no prejudice unto the rest to preach the Gospel , and to be instant in season and out of season , wheresoever and whensoever occa●ion offered ? But now , when nothing of this kind was done , did not they contribute their concurrence unto the establishing of this Midse , made use of for keeping-down of those Assemblings of the Lords people ; I mean the Indulgence ? And did they not hereby plainly enough condemne those Meetings , when they concurred so actively and effectually with the Councel , and the Kings designe to have the Land freed of them ? I know it will be said , That they could not procure favours to others : it was enough for them to accept of what was offered to themselves . But yet , though they were not Master of the Magistrates treasure of Indulgence , they were Master of their own deed ; and I suppose , few of the Godly of the Land would have blamed them , if they had , out of tenderness to the poor perishing people , and out of respect to their suffering Brethren , told the Councel ; that , as matters then stood , they could not accept of that offer , though it had been cleaner than it was , unless all their Brethren were also made partakers thereof ; or at least , that the House , and Field Preachers might not be molested . This would have looked like the deed of men , respecting the publick good , and not seeking themselves , or their own ease and liberty . It would have smelled of brotherly affection , if they had said ; We will rather take the same lot with our Brethren , than do any thing , how promising so ever it be of ease and quiet to ourselves , that may render their case more lamentable and grievous ; and may seem in the least , à countenanceing , were it but interpretatively , of the severities used against them , or do any thing that may encourage unto more cruelty , and to the prejudging of the far greatest part of the Land , of the Gospel , now going forth with power . If any shall say , That possiblie they did not approve of that manner of preaching themselves . I shall Returne , that possiblie it may be so , as to some of them , who were therefore looked on as most peacable and orderly ; and shall adde , that certainly such must condemne Christ and his Apostles , who were the greatest of Conventicle-Preachers and almost preached no other way , wanting alwayes the Authoritie of the Supream Magistrate , and yet not waiting upon their Indulgence . But as to all these things , deduced from the Kings Letter , it may be , the Indulged Ministers will think themselves little or nothing concerned ; nor obliged to take any notice of what is there said , in regarde that the Kings Letter was not directed unto them , but unto the Councel ; and it was with the Councel immediatly , and not with the King , that they had to do : And therefore are concerned only to notice what the Councel did , and said unto them , and required of them , and to notice their own carriage againe , or return unto the Councel . For answere I say . It may be so , that they shall thus think , to cheate the world and themselves , by such metaphysical abstractions , but in our actions before the Lord , and in matters of this nature , so neerly concerning the Glory of Christ , as King ; and that in a day , when all things call aloud unto a Faithful , Free & Full Witnessing unto & for the truth , such abstractions are neither Christian , nor Manly . The Letter was not hid from them , nor the contents thereof unknown to them ; for when they were before the Councel , ( as we shall heare afterward ) they by their mouth expressed their sense sufficiently of that Letter , and took the favour of the Indulgence with all humility and thankfulness , as his Majesties Royal Favour and Clemencie . Our forefathers used not to carry so , when Court-favours were pressed and urged upon them , but searched the ground and rise of these , and considered their tendencie and consequences ; knowing , that favours , granted by standing and stated Enemies , could not be for advantage , but for hurt . The Spirit of zeal and faithfulness would teach us another more Moral , Plaine & Christian Deportment : But though the Indulged should be such Metaphysical Abstracters , contrare to that Spirit of wisdom and ingenuity , that should lead all Christians ; yet the Councel dealt more plainely and roundly ( as we shall see ) and told at all occasions , and in all their Acts and Resolutions , that what they did was in pursuance of his Majesties Commands and Royal Pleasure , signified in his Letter . Finally , This abstraction , though it were yeelded to them , will not availe ; for though the Kings Letter had never been seen or heard of there was enough done by the Councel and its Committee , ( of which they could not be ignorant ) to have resolved them , if they had not been prepossessed : It was the Committee of the Councel that Elected them , that Judged them qualified for the Exercise of the Ministrie in such and such places : It was the Councel that did Appointe , Authorize and Impower them to Exerce their Ministery : It was the Councel , that did Depose & Repose , Plant and Transplant , give Injunctions , Restrictions , and Limitations , and punish for Non-Obedience : all which will be further cleared in what followeth . Having premised these few remarks upon the Kings Letter , as necessarie to the clearing of our way , because that was the ground of all ; and having , in the by , discovered several things , to shew the sinfulness of this Indulgence ; we shall now proceed to mentione more particularly what was the progress of this Business , and how this wicked Designe took effect . The Councel appointeth a Committee to cognosce upon the matter , signified in the Kings Letter , and to condescend upon the Ministers , judged fit and qualified for such a favour , according to the minde of the King , signified and plainly expressed in his Letter ; and upon the Paroches , to which they were to be ordered to go , & exercise their Ministrie : Whereupon the Councel enacteth as followeth . Edinbr . 27. Iuly 1669. THe Lords of his Maj. Privie Councel , in pursuance of his Majesties Commands , signified in his Letter of the 7. of Iuny last , do appoint the Persons following to preach , and Exercise the other functions of the Ministerie , at the vacant Kirks underwritten viz. Mr. Ralph Rodger , late Minister at Glasgow , to preach at the Kirk of Kilwinning , Mr George Hutcheson , late Minister in Edinburgh , at the Kirk of Irwing . Mr William Violant , late Minister at Ferrie , at Cambusnetham : Mr Robbert Miller , late Minister at Ochiltree , at the same Kirk : Mr Iohn Park , late Minister at Stanrawer , at the same Kirk : Mr William Maitland , late Minister at Whithorn , at the Kirk of Beeth : Mr Iohn Oliphant , late Minister at Stanhouse , at the same Kirk , Mr Iohn Bell , late Minister at Ardrossine , at the same Kirk : Mr Iohn Cant , late Minister at Kel● , at the same Kirk , and Mr Iohn Mc-Michen , late Minister at Dalry , at the same Kirk . Here we see Ten were appointed to the places respectively condescended upon by the Councel ; and some were appointed to preach at the Churches , out of which they had been ejected ; but this was only an accidental thing , and meerly because these Churches were at that time vacant ; as appeareth by Mr Iohn Park his disappointment , because the Prelate prevented his coming to the Kirk designed , which had been formerly his own , by thrusting in a Curat , notwithstanding of his pleading the benefite of the Act of Indemnity , in his own defence , against what was objected against him ; and thereby acknowledged himself to have been a Traitour in all his former Actings , and that all the work of Reformation was but Rebellion : And there is no difference betwixt the appointment made to them , who returned to the places , where formerly they had preached , and that appointment , which was made to others to go to other Churches . The Councel doth not so much , as verbally signifie , the Sentence of Banishment from their own Parishes by the Act of Councel at Glasgow Anno 1662. to be now annulled , as to them , whereby they had liberty to returne to their own Charges , and follow their work ; but simply enjoyneth and appointeth them to go to such a place , and there to exercise their Ministrie , as simply and plainely , as if they had never been there before : So that the appointment is one and the same , as made by the Councel , in pursuance of the Kings Letter : And all the difference , that was in their several Orders and warrands , which they received from the Councel , was in regarde of the Patrons , and of nothing else ; as may be seen by the following tenors of these Acts. Followeth the Tenor of the Acts of Indulgence , given to the several Ministers to preach , conforme to his Maj. Letter of the 7. of Iune 1669. THe Lords of his Maj. Privie Councel , in pursuance of his Maj. Commands , signified the 7. of Iune last , do appoint Mr Ralph Rodger , late Minister at Glasgow , to preach and exercise the other functions of the Ministrie , at the Kirk of Kilwinning . And thus did all the rest of this kinde run . The other did run thus . For same ekle as the Kirk of ..... is vacant , the Lords of his Majest . Privie Councel , in persuance of his Maj. command , signified by his Letter the 7. of Iune Instant ; and in regarde of the consent of the Patron , do appoint ... late Minister at ..... to reach and exercise the other functions of the Ministrie at the said Kirk of ..... Whereby we see , that these Orders make no difference betwixt such , as were appointed to their own former Churches , and others , who were appointed to other places , so that as to this , all of them received a new Commission , Warrand and Power to exerce their Ministrie , in the places designed , as if they had never had any relation unto these places before . Further , it is observable here . That these Orders and Acts of the Councel have the same Use , Force and Power , that the Bishops Collation hath , as to the exercise of the Ministrie ; and that the Ordinance of the Presbyteries used to have in the like cases : And therefore this is all the ministerial potestative Mission , wich they have unto the actual exercise of their Ministrie in these places . Thus wee see the Civil Magistrate arrogateth to himself that , which is purely Ecclesiastick , to wit , the Placeing and Displaceing , the Planting and Transplanting of Ministers ; and giving them a Ministerial Potestative Mission , which onely belongeth unto Church-Judicatories . So that these Indulged Persons may with as much right be called the Councels or Kings Curats , as others are called the Bishops Curats , whom the Prelates Collate , Place and Displace , Plant and Transplant , as they please . And wee see no regarde had unto the Judicatories of the Church , and to their power , more in the one case , than in the other ; and possibly the Prelates transportings are done with some more seeming regarde unto the power of Church-Judicatories , such as they owne under them : but in this deed of the Councel , there is not so much as a shew of any deference unto any Church-Iudicatory whatsomever ; nor is there any thing like it . It is obvious then , how clear and manifest the encroachement on the power of the Church is , that is here made . And because Magistrates have no such power from the Lord Jesus , and are not so much as nominally Church-Officers ( as Prelats in so far are , at least ) nor can act any other way , as Magistrates , than with a coactive civil power , and not ministerially under Iesus Christ ; it is manifest , that the Indulged , having this Authoritie unto the present exercise of their Ministerie in such and such places , only from the Civil Magistrate acting as such , have not Power & Authority from Christ ; for Christ conveyeth no Power and Authority in and by the Civil Magistrate , but by his own way , by Ministers of his own appointment , who act under him ministerially . And whether or not , they have not , in submitting to his way of conveyance of Power , and Authority to exerce their Ministrie hic & nunc , upon the matter renounced the former way , by which Power and Authority was ministerially conveyed unto them ; as we use to speak of such of the Prelats Underlings , who have received Collation from him , and Power to exerce their Ministrie in such and such places , where they are now placed , though formerly they were ordained and fixed by lawful Church-Judicatories , I leave to others to judge . But because it may be said , that in these foregoing Acts , there is no mention made of the Injunctions spoken of , in his Majest . Letter , to be given to all the Indulged Ministers ; Hear what was concluded and enacted by the Councel , on that same day . Edinb . the 27. of Iuly 1669. THe Lords of his Majest . Prive Councel , in pursuance of his Maj. Royal pleasure , signified to them by his Letter of the 7. of Iune last ▪ do in his Maj. Name and Authoritie , command and ordaine all such outted Ministers , who are , or shall be appointed or allowed to exercise the Ministrie ; That they constitute and keep Kirk Sessions and Presbyteries and Sy●ods , as was done by all Ministers , before the Yeer 1638. And the Councel declares , that such of them , as shall not obey in keeping of Presbyteries , they shall be confined within the bounds of the Paroches , where they preach , aye and while they give assurance to keep the Presbyteries . And also the Councel doth strickly command and enjoine all , who shall be allowed to preach , as said is , not to admit any of their Neigbour or other Paroche unto their Communions , or Baptize their Children , nor marry any of them : without the allowance of the Minister of the paroch , to which they belong , unless that Paroch be vacant for the time ; nor to countenance the people of the Neighbouring or other Paroches , in resorting to their preachings , and deserting of their own Paroch Churches . And that hereunto they give due obedience , as they will be answerable on their highest peril . And ordaines these presents to be intimate to every person , who shall by Authority foresaid be allowed the exercise of the Ministrie . We see here , that this Act , concerning the Injunctions , was made distinct from the foregoing Act of Indulgence , and these Injunctions were not expresly included or mentioned in the Act of Indulgence : And some because of this may possibly think and say , That the accepting of the Indulgence is the more justifiable . But I am not of that mind : For this dividing of these two , which were conjoined in the Kings Letter , was either done by collusion of the Indulged , or wholly without their knowledge and consent . If the former be truth , their accepting of the Indulgence is so much the more condemnable , that it was accompanied with such unfaire dealing , devised of purpose ( for no other end of this deed can be imagined ) to blindfold and deceive the simple ; whom possibly such a cheate might hoodwinke . If the latter be said , to wit , that the Indulged themselves were utterly ignorāt hereof though it is certaine , as was said above , they were not ignorant of the Kings Letter : Then I think , the first intimation made of these Injunctions unto them should have given such a discoverie of unfaire dealing , and of the Councels purpose and intention to have them in snared , that the credite of their Ministrie , the Conscience of their duty to God , and to the souls of people , the care of shunning all appearance of evil , the Command of God to give no offence , and other things considerable of that nature , should have compelled them unto a plaine and full Declaration of their sensibleness of this cheatrie , and of their unwillingness to accept of favoures , so clogged with snares . And if they had thus carried , they had approved themselves , ( otherwise than they did ) to the consciences of all Men , as lovers of upright dealing , and as such who durst not take on them the charge of souls , on such unlawful termes , nor run the errands of God , with such a Pasport . As to the Conditions themselves , I hope , even the indulged Persons themselves , are sufficiently convinced of the iniquitie of them , when ( as I hear ) they have now at length laid aside the careful observance of them : But the careful and circumspect obedience yeelded unto them at the first , is standing as a witness against them unto this day , and sheweth that however now they neglect the same , because possiblie perceiving the Councel not so earnest in pressing observance , as at the first ; yet so greedy were they of the bait of the Indulgence , that they cared not to swallow this hook with it , though it was an adding of griefe to such as had sorrow enough already ; and had in it a condemning of such , as scrupled the hearing of the Curats , and submitting to the Ordinances of Christ , administred by them . Before we proceed , it will be fit here to take some notice of that Discourse , which Mr H. had unto the Councel , in name of the rest , who were at that time Indulged with him ; for hereby we may be helped to understand , what was their sense of the Indulgence , who did receive it ; The just double of which Discourse , as it came to mine hand , I shall here set down , as followeth . I am desired , in the name of my Brethren , here present ▪ to acknowledge , in all humility and thankfulness , his Maj. Favour and Clemencie , in granting us the liberty of the publick exercise of our Ministrie , after so long a restraint from the same ; and to returne here all thanks to your L L. for the care and paines , you have taken therein : And that your L L. have been pleased to make us , the unworthiest of many of our Brethren , so early partakers of the same . We have received our Ministrie from Jesus Christ , with full prescriptions from him , for regulating us therein ; and must , in discharge thereof , be accountable to him And as there can be nothing more desirable , or refreshing to us on earth , than to have free liberty of the exercise of our Ministrie under the protection of lawful Authoritie , the excellent Ordinance of God , and to us ever most dear and precious ; so we purpose and resolve to behave our selves , in the discharge of the Ministrie , with that wisdom and prudence , that become faithful Ministers of Jesus Christ ; and to demaine ourselves towards lawful Authority , notwithstanding of our known judgment in Church-affairs , as well becometh loyal Subjects , and that from a lawful principle of Conscience . And my L L. Our prayer to God is , that the Lord would bless his Maj. in his Pers●● and Government ; and your L L. in the publick Administration ; and 〈…〉 the pursuance of his Maj. mind in his Letter , wherein his singular 〈…〉 appears ; that others of our Brethren , in due time , may be 〈…〉 of the liberty , which through his Maj. favour we now enjoy . I shall not long insist in descanting on this discourse ; seing it is so plaine and manifest an homologating of the Kings Letters ; and consequently its iniquity is so undeniable from what was formerly remarked upon that Letter , that there is no great necessitie of many moe words to that end : only it may suffice to touch on some particulars , in a few words . 1. We see hence , That these Brethren were not ignorant of the Kings Letter and of the contents thereof , when they do here acknowledge a favour and clemencie , granted unto themselves thereby . 2. Nor were they ignorant of the scope and designe of that Letter , seing they pray , that the Lord would bless the Councel , especially in the pursuance of his Maj. minde in that Letter . 3. Nor were they Ignorant particularly of the Instructions , contained in that Letter , and which were to be given unto them : as these words , with full prescriptions from him ( i.e. Christ Jesus ) to regulate us therein , do clearly show ; for by these words , as it would appear , they gave their L L. to understād , that it was not needful that these Instructions , or Prescriptions , contained in the Kings letter , should be laid before them . 4. Nor were they Ignorant , that what the Councel did herein , was by vertue of , and in full compliance with the designe of the King's Letter ; and consequently , that the King's Letter , and the contents thereof , were the onely spring and original of all this Indulgence , and of the Councels power in acting in conformity thereto , and actually granting the Indulgence ; for they thank their L L. for the care and paines , they had taken therein ; and they pray , that the Lord would blesse them , especially in the pursuance of his Maj. minde , in his Letter . 5. It is matter of astonishment to me , considering what is said , how they could acknowledge this for such an Act of favour and clemency ; And how they could say , that in this Letter , the King 's singular Moderation did eminently appear ; when from what is said , and what shall hereafter be more fully held forth , it is so notoure . That the contents of this Letter did hold forth a designe of overturning all Church-Power , as exercised by Church-Persons , and of clothing the Councel with power to impose Prescriptions , to prescribe Rules and Limitations , and to order and regulate Ministers , in the exercise of their Ministrie , as also with power to Place and Displace , Plant and Transplant Ministers , without regarde had either to the previous Call of the People , or to the Mission of any Church Judicatory ; and of subjecting of the Exercise of the Ministrie wholly unto their will and pleasure ; not to mentione the severity breathed out , in that Letter , against the Assemblings of the Lord's people . 6. It is manifest from what is already marked , that the Indulged Brethren did owne that Letter of the Kings , as the onely rise and fountaine of the favour , which they were made partakers of ; and therefore did not take the Indulgence onely from the Councel , but from the King principally , as the onely spring thereof , conveying the same to them , through the channel and medium of the Councel , who did nothing but by vertue of that Letter , and in obedience thereunto . Whence we see , that there is no ground to abstract the stream from the fountaine , or to think that these Ministers could imagine , that they were onely to notice what the Councel did , and no more ; for as they neither did this , so it were unreasonable to think they could do so . 7. They acknowledged here , that as to the liberty of the publick exercise of their Ministrie , they were onely beholden unto this Indulgence ; for , for this cause they give thanks : And thus did tacitely grant , that there ought to be no publick Exercise of the Ministrie , without liberty granted from the Magistrate ; whereby they not onely condemned all these faithful Ministers , who ventured , without that liberty granted , to preach publickly , where occasion offered in houses , or in the fields ; but they likewise condemned Christ and his Apostles , the greatest of Conventicle-keepers . So like-wise they do tacitely here grant , that when the Magistrate prohibiteth the publick Exercise of the Ministery , for longer or shorter time , he must not be disobeyed ; whereby the Magistrate hath the power yeelded to him of Suspending and Deposeing Ministers , from the exercise of their function . It is true , Magistrates can hinder the peacable publick exercise , or free publick exercise , by outward force and constraint ; but they speak not here of the freedome of peacable publick exercise , but simplie of the freedome of publick exercise of the Ministrie . Our own Church-history tels us ; how famous Mr. Bruce was cast in a fever , through terrour of conscience , for promising silence but for ten dayes , though in hopes of greater liberty . 8. It is observable here ; how thankful they are for partaking alone ( as chosen out from their Brethren ) of this favour ; whileas this very act of separating them from their Brethren , should have been a sufficient ground for them to have rejected the tendered supposed favour , seeing by the accepting thereof , in this separated way , they suffered themselves to be divided from their Brethren , contrarie to their sworn Covenants : not to speak of the stigma , they received thereby . 9. They say , That they received their Ministrie from Iesus Christ. But why was it not said , as some of them ( if I be not misinformed ) desired , onely from I. C ? When this was designedly and deliberatly left out , let all the world judge , whether in this , they carried , as faithful Ministers of the Gospel , or not : for my part , I cannot but judge , that this was a manifest betraying of the cause , and a giving up of all to the Magistrate : for hereby they declared , that in their judgements , either they had their Ministrie from others , as well as from Christ ; that is , from the Magistrate , as well as from Christ , and that in a co-equality and co-ordination ; or else that they had it not from Christ immediatly but from men , from the Magistrates , in subordination to Christ. Now neither of these can assort with truth , and with our Principles : Not the former ; for then Christ should not be sole King , but halfe , and the Magistrate should have the halfe of Christs Thron , Crown , Scepter and Glory : which were blasphemy to think . Not the latter ; for Magistracy is not subordinat in a direct line unto Christ , as Mediator ; nor hath Christ substitute the Magistrat , as his Vicar ; nor hath he given to him , as such , a ministerial power under him , to convey ministerially ( in respect of the Subjects ) or with a ministerial Authority , as his Servants , what power of Mission he giveth to his Ministers ; Magistrates , as such , act not ministerially , or with a ministerial Authority , in reference to their Subjects , but with a Coactive , Autocratorical and Architectonick Power and Authority . If it be said , that they reserved only to the Magistrate hereby , the power to grant the liberty of the free exercise ; but they meant , that they received the Ministrie it self from Jesus Christ alone . I answere , had they spoken so , we might then have understood them so . But though they had said so , the cause had been betrayed , for if they have their Ministrie from Christ alone , they must also have the free exercise of the same from him : If Christ give the Office , he giveth the power to exercise the Office : And if they depend upon others , in reference to the Exercise , they in so far rob Christ of what is his due , & hold that of men , which they should hold of Christ alone . No man needs to say here , that by this means we take away the Power of Church-Judicatories , by whom Ministers receive both the Office , and the Power of its exercise : For what Church-Judicatories do herein , they do ministerially under Christ , and Christ by them conveyeth the Office to such and such a Person , and with the Office a power to exercise it , according to the Rules of the Gospel ; and notwithstanding of this , these Officers may and must say , that they receive their Ministrie onely from Christ Jesus . But this cannot be said , if the Magistrate be substitute in the place of Church-Officers , either in reference to the Office it self , or in reference to its free Exercise ; because no Magistrate , as such , ( as is said ) acteth with a Ministerial Power , under Christ , in a right line of subordination : And therefore when they keeped out the word , onely , they did plainely declare , that they held the Ministrie partly of the Magistrate . If it be said , that they would hereby onely have reserved to the Magistrat , power to grant the Peacable Publick Exercise of the Ministrie . I would answere , that though they had meaned thus , yet they might safely and should have said , that they received their Ministrie only from Christ ; for I cannot be said to receive my Ministrie from every one , who can hinder my peacable publick exercise thereof , otherwayes I must be said to receive it , in part , from Satan and his Instruments , who can hinder my peacable publick exercise thereof . So that , use what devices men can to cover this matter , a manifest betraying of the cause will break thorow , and a receding from received and sworn Principles will be visible . 10. They said , They had full prescriptions from Iesus Christ , to regulat them in their Ministrie . Who then can justifie them , in receiving other Prescriptions from the Magistrate , and such as Christ never made mention of in his Law ; yea some where of do directly militate against Christs Prescriptions ? Doth not their receiving of these Instructions or Prescriptions , which were contained in his Maj. Letter , say , that the Prescriptions of Christ were not full ? But againe , seing they had not freedom to say , that they received their Ministrie from Christ alone , how could they say , that they had their full prescriptions from Christ ? unless they meant , that they had them not from Christ alone . And then they must say , that they had them partly from some other , and that other m●st either be the Magistrar , or Church Officers : not Church-officers ; for neither had they any call to speak of that here ; nor doth Church Officers hold forth any Prescriptions , but Christs , and that in the name of Christ. If that other be the Magistrat , than it must either be meant , Collaterally , or Subordinatly to Christ : not Subordinatly , for they are not appointed of Christ for that end ; nor do they , as Magistrats , act Ministerially , but Magisterially ; not Collaterally , For then they should have these Prescriptions equally from the Magistrates , as from Christ ; and the Magistrat should be equal and King of the Church with Christ , which is blasphemie . More might be here noted , but what is said is enough to our purpose , at present ; and what was said above needeth not be here repeated . But now we must proceed : These fore-mentioned were not all , who were that yeer indulged : For the same supposed favour was granted to others shortly thereafter , as appeareth by these Extracts out of the Register . Edinburgh , August 3. 1669. THE Persons under-written were licenced to preach at the Kirks after specified viz. Mr Iohn Scot , late at Oxnam , at the same Kirk , Mr William Hammiltoun late at Glasfoord , at the Kirk of Evandale : Mr Robert Mitchel , late at Luss , at the same Kirk : Mr Iohn Gemmil , late at Symming town at the same Kirk : Mr Patrick Campbel , late at Innerary , at the same Kirk : Mr Robert Duncanson , late at Lochanside , at Kildochrennan : Mr Andrew Cameron , late at Kilsinnan , now at Lochead in Kintyre . Edinburgh , 2. Septemb. 1669. For as much as the Kirk of Pencaitland is now vacant , by decease of Mr Alexander Vernor , last Minister thereat ; and there being some questions and legal pursuits before the Judge ordinate , concerning the right of Patronage of this Kirk : Until the decideing whereof the Kirk will be vacant , if remeed be not provided : Therefore the Lords of his Maj. Privie Councel , in pursuance of his Maj. pleasure , expressed in his Letter of the 7. of Iune last , have thought fit at this time and for this Vacancie allennerly , To appoint Mr Robert Douglas , late Minister at Edinburgh , to preach and exercise the function of the Ministrie , at the said Kirk of Pencait land . And it is hereby declared , that thir presents shall be without prejudice of the right of Patronage , according as the same shall be found and declared by the Judge ordinarie . Edinburgh , Septemb. 2. 1669. The Persons underwritten were licensed to preach at the Kirks after specified viz. Mr. Matthew Ramsey , late at Kilpatrick , to preach at Paisley : Mr Alexander Hammiltoun , late Min. at Dalmenie , at the same Kirk : Mr Andrew Dalrymple , late Min. at Affleck , at Dalganie : Mr Iames Fletcher , late Min. at Neuthcome , at the same Kirk : Mr Andrew Me-Claine , late Min. at Craigneis , at Kilchattan : Mr Donald Morison , late at Kilmaglais , at Ardnamurchant . Edinburgh , Septemb. last 1669. The Persons following were ordained to preach at the Kirks after specified ; viz. Mr Iohn Stirling , at Hounam : Mr Robert Mowat at Harriot : Mr Iames Hammiltoun at Egleshame : Mr Robert Hunter at Downing : Mr Iohn Forrester at Tilliallan with Mr Andrew Reid . infirme . Edinburgh , Decemb. 9. 1669. Mr Alexander Blair at Galstown : Mr Iohn Primrose at Queensferrie : Mr David Brown at Craigie : Mr Iohn Craufurd at Lamingtoun with Mr Iohn Hammiltoun aged and infirme : Mr Iames Vetch at Machline . Edinburgh , Decemb. 16. 1669. Mr Iohn Bairdie at Paisley with Mr Matthew Ramsey infirme . Thus we see there were this Yeer 1669. Five and Thirtie in all licensed and indulged , and ordained to preach , in the several places specified , upon the Councels Order , in pursuance of the Kings Royal pleasure . And in the following yeer , we will finde the same Order given unto and obeyed by others . But ere we proceed , it will not be amisse , that we take notice of the first Act of Parliament , holden this yeer Novemb. 16. 1669. and consequently , before the last Six were licensed . The Act is an Act asserting his Majesties Supremacy over all Persons , and in all Causes Ecclesiastical . Whereby what was done by the Councel , in pursuance of his Majesties Pleasure , signified by his Letter , in the matter of granting these Indulgences , is upon the matter confirmed and ratified by Parliament , when His Maj. Supremacy is so ampliated and explained , as may comprehend within its verge all that Ecclesiastick Power , that was exerced , or ordained to be exerced , in the granting of the Indulgence , with its Antecedents , Concomitants and Consequences : And a sure way is laid for carrying on the same designe of the Indulgence , in all time coming . The Act is as followeth . Nov. 16. 1669. THE Estates of Parliament having seriously considered , how necessare it is , for the Good and Peace of the Church and State , That his Maj. Power and Authority , in Relation to Matters and Persons Ecclesiastical , be more clearly asserted by an Act of Parliament : Have therefore thought fit it be Enacted , Asserted and Declared : Like as his Maj. with Advice and Consent of his Estates of Parliament , doth hereby Enact , Assert and Declare , That his Maj. hath the Supreame Authority and Supremacy over all Persons , and in all Causes Ecclesiastical , within this His Kingdom : And that by vertue thereof , the Ordering and Disposal of the external Government and Policy of the Church , doth properly belong to His Maj. and His Successours , as an inherent right to the Crown . And that His Maj. and His Successours may Settle , Enact and Emit such Constitutions , Acts and Orders , concerning the Administration of the External Government of the Church , and the Persons imployed in the same ; and concerning all Ecclesiastical meetings , and matters to be proposed and determined therein , as they in their Royal Wisdom shall think fit : which Acts , Orders and Constitutions , being Recorded in the Books of Councel and duely published , are to be observed and obeyed by all his Maj. Subjects ; any Law , Act or Custome to the contrary notwithstanding . Like as His Maj. with Advice and Consent foresaid doth Rescind and Annul Lawes , Acts and Clauses thereof , and all Customes and Constitutions Civil or Ecclesiastick , which are contrary to , or inconsistent with His Majesties Supremacie , as it is hereby asserted . And declares the same Void and Null , in all time coming . Concerning the Irreligiousness , Antichristianisme and Exorbitancie of this Explicatory , and ( as to some things ) Ampliatory Act and Assertion of the Kings Supremacy in Church-affairs , much , yea very much might be said ; but our present business calleth us to speak of it , only in reference to the Indulgence ; that we may see with what friendly aspect this Supremacie looketh towards the Indulgence , and with what Veneration the Indulgence respecteth this Supremacie ; to the end it may appear , how the Indulgence hath contributed to the establishment of this Supra-Papal Supremacie ; and how the Accepters thereof stand chargeable with a Virtual and Material Approbation of , and Consent to the dreadful Usurpation , committed by this Supremacie . In order to which , we would know , that this Act of Supremacy , made Anno 1669. was not made , upon the account , that the Supremacie in Church-affairs had never been before screwed up to a sufficient height , in their apprehensions ; for upon the matter , little that is material is here asserted to belong unto this Ecclesiastical Supremacie , which hath not been before partly in more general , partly in more special and particular termes , plainly enough ascribed unto this Majestie , or presumed as belonging to his Majest . In the 11. Act. Parl. 1. Anno 1661. where the Oath is framed , he is to be acknowledged , Only supreme Governour over all persons , and in all causes ; and that his Power and Iurisdiction must not be declined : So that under all Persons , and all Causes , Church-officers , in their most proper , and intrinsecal ecclesiastick Affaires and Administrations , are comprehended ; and if his Majest . shall take upon him to judge Doctrine , matters of Worship , and what is most essentially Ecclesiastick , he must not be declined , as an incompetent Judge . We finde also Act. 4. Sess. 2. Parl. 1. Anno 1662. ( which is againe renewed Act. 1. Anno 1663. ) that his Majestie , with advice and consent of his Estates , appointeth Church-censures to be infflicted for Church-transgression , as plainly and formally , as ever a General Assembly , or Synod did , in these words ; That whatsoever Minister shall without a lawful excuse , to be admitted by his Ordinary , absent himself from the visitation of the Diocess — or who shall not , according to his duty , concurre therein ; or who shall not give their assistance , in all the Acts of Church-discipline , as they shall be required thereto by the Archbishop , or Bishop of the Diocess , every such Minister ( N. B. ) so offending shall , for the first fault , be suspēded from his Office and Benefice , until the next Diocesian meeting ; and if he amend not , shall be deprived . But , which is more remarkable , in the first Act of that Second Session . Anno 1662. for the Restitu●ion and Re-establishment of Prelats , we have several things , tending to cleare how high the Supremacie was then exalted : The very Act beginneth thus , for as much as the ordering and disposal of the external Government and Policy of the Church doth properly belong unto his Majestie , as an inherent right of the Crown , by vertue of his Royal Prerogative and Supremacie in causes Ecclesiastical . This is the same , that is by way of statute asserted in the late Act 1669. In the same Act it is further said , That whatever ( this , sure , is large and very comprehensive ) shall be determined by his Maj. with the advice of the Archbishops and Bishops , and such of the Clergy , as shall be nominated by his Maj. in the external Government and Policy of the Church ( the same consisting with the standing Lawes of the Kingdom ) shall be valide and effectual . And which is more , in the same Act , all preceeding Acts of Parl : are rescinded , by which the sole and only Power and Iurisdiction within the Church , doth stand in the Church , and in the General , Provincial and Presbyterial Assemblies and Kirk-Sessions . And all Acts of Parliament or Councel , which may be interpreted to have given any Church-Power , Iurisdiction or Government to the Office-bearers of the Church , their respective Meetings , other than that which acknowledgeth a dependence upon , and subordination to the Soveraign ●●wer of the King , as Supreme , So that we see , by vertue of this Act , all Church-Power and Jurisdiction whatsomever , is made to be derived from , to have a dependance upon , and to be in subordination to the Soveraigne power of the King , as Supream ; and not to stand in the Church : Whereby the King is made only the Foun●aine of Church-power , and that exclusive ( as it would seem ) even of Christ ; Of whom there is not the least mention made ; and for whom is not made the least reserve imaginable . So in the 4. Act. of the third Session of Parl. Anno 1663. For the Establishment and Constitution of a National Synod . We finde it said , that the ordering and disposal of the external Government of the Church , and the nomination of the Persons , by whose Advice , Matters relating to the same are to be setled , doth belong to his Maj. as an inherent right of the Crown , by vertue of his prerogative R●yal and Supream Authority in causes Ecclesiastical . And upon this ground is founded his power to appoint a National Synod ; to appoint the only consti●uent Members thereof , as is there specified ; to call , continue and dissolve the same , when he will ; to limit all their Debates , Consultations and Determinations to such matters and causes , as he thinketh fit ; and several other things there to be seen . Seing by these Particulars , it is manifest and undeniable , that this Ecclesiastick Supremacie was elevated presumptively before the Year 1669. to as high a degree , as could be imagined ; It may be enquired , why then was this Act made Anno 1669 ? I answere . This act ( so I conceive ) was not framed so much to make any addition to that Church power , which they thought did Iure Coronae belong orginally and fundamentally unto the King ; for that was already put almost beyond the reach of any additional supply , though not in one formal and expressive Statutory Act : As to forme the same , when screwed up to the highest , into a plaine and positive formal Statute , having the force of a Law , for all uses and ends ; and particularly to salve , in point of Law , the Councel in what they did , in and about the Indulgence , according to the desire and command of the King in his Letter , in rega●rd that the granting of this Indulgence , did manifestly repugne to and counteract several anteriour Acts of Parliament , and was a manifest breach and violation of Lawes , standing in full force , and unrepealed ; which neither their place , nor his Maj. could in Law warrand them to do , by his Letter , That the granting of the Indulgence did thus in plaine termes repugne to standing Lawes , I thus make good . In the Act of Rëstitution of Prelates Anno 1662. Prelates are restored unto the exercise of their Episcopal function , Presidence in the Church , power of Ordination , Inflicting of Censures , and all other Acts of Church Discipline . And as their Episcopal power is there asserted to be derived from his Maj. so withal it is expresly said , that the Church-power and jurisdiction is to be Regulated and Authorized , in the Exercise thereof by the Archbishops and Bishops ; who are to put order to all Ecclesiastical matters and causes , and to be accountable to his Maj. for their administrations . Whence it is manifest , that the King alone , or with his Privie Councel , cannot put order to Ecclesiastical matters and causes , or exerce Church-Power and Jurisdiction , without a violation of this Law , and manifest controlling of it . And further in the 4. Act of that same Second Session of Parliament it is expresly ordained , that none be hereafter permitted to preach in publick or in families within any diocess ; — without the licence of the Ordinary of the Diocess . So that this licence and permission , granted to the Indulged by the Councel , to preach and exercise the other parts of their function , being without the licence of the Bishops , is manifestly contrary and repugnant to this Law. Moreover Act 1. in the third Session Anno 1663. we have these words . And the Kings Maj. having resolved to conserve and maintaine the Church , in the present State and Governmēt hereof by Archbishops & Bishops ▪ and others bearing Office therein ; and not to endure , nor give way or connivace to any variation therein , in the least ; doth therefore , with advice and consent of his Estates , conveened in this third Session of his Parliament , Ratifie and Approve the afore mentioned Acts , and all other Acts and Lawes , made in the two former Sessions of Parliament , in order to the settling of Episcopal Dignity , Iurisdiction and Authority within the Kingdom , and ordains them to stand in full force , as publick Lawes of the Kingdom , and to be put to further execution , in all points , conforme to the tenor thereof . Here is a further Ratification and Confirmation of the Lawes mentioned , and the Councel hereby yet more firmely bound-up from emitting any Acts or Edicts , contradictory to , and tending to weaken and invalidat the publick standing Lawes of the Kingdom . And , which is yet more considerable , in the following words of this same Act , the effectual putting of these Lawes in execution is specially , and in terminis , recommended by King and Parliament , unto the Privy Councel , after this manner . And in pursuance of his Maj. Royal resolution herein , his Maj. with advice foresaid , doth recommend to the Lords of his Maj. Privie Councel , to take speedy and Effectual Course , that these Acts receive ready and due Obedience from all his Maj. Subjects ; and for that end that they call before them all such Ministers , who having entred in or since the Yeer 1649. and have not as yet obtained Presentations and Collations as aforesaid , yet darred to preach in contempt of the Law ; and to punish them as seditious persons , and contemners of the Royal Authority . As also that they be careful , that such Ministers , who keep not the Diocesian meetings ▪ and concurre not with the Bishops , in the Acts of Church-Discipline , being for the same suspended or deprived , as said is , be accordingly after deprivation , removed from their Benefices , Gleebs and Manses . And if any of them shall notwithstanding offer to retaine the Possession of their Benefices or Manses , that they take present Course to see them dispossest . And if they shall thereafter presume to exercise their Ministrie , that they be punished , as seditious Persons , and such as contemne the Authority of Church and State. Now , notwithstanding of this express reference and severe recommendation , we know , that in the matter of the Indulgence , they were so far from punishing such , as had not obtained Presentations and Collations , and yet had continued to preach , and exercise their Ministrie ; that in perfect contradiction to this Injunction of King and Parliament , and other forementioned Acts , they licensed , warranded and impowered some such , as by Act of Parliament were to be punished as seditious Persons , and contemners of Authority of Church and State , to preach publickly , and to exercise all other parts of their Ministrie , and that upon the sole warrand of the Kings Letter , which cannot in Law warrand and impower them to contraveen express Lawes , and Acts of Parliament ; and not only to disobey the Injunctions of Parliament , but in plaine termes to counteract and counterwork the Established and Ratified Lawes ; and so to render them null and of no effect . Whence we see , that there was a necessity for the Parliament An. 1669. to do something , that might secure the Lives and Honours of the members of Councel , in point of law , in granting of that Indulgence , which was so expresly against law , and which the two Arch-Prelates , members of Councel , would never give their assent unto , as knowing how it intrenched upon the power granted to them , and the other Prelates , confirmed by Law ; and so was a manifest rescinding of these Acts and Lawes . And though this might have been done by a plaine and simple Act , approving and ratifying what the Councel had done , in compliance with his Maj Royal Pleasure , and authorizing them in time coming , to pursue the ends of the same Letter further , with a non obstante of all Acts , formerly made in favoures of Prelates and Prelacie : Yet it is probable , they made choise of this way of explaining , by a formal and full Statute and Act of Parliament , the Supremacie , in these plaine , full and ample termes , wherein we now have it ; that thereby they might not only secure the Councel , but also make the Kings sole Letter to the Councel , in all time coming , a valid ground in Law , whereupon the Councel might proceed , and enact and execute , what the King pleased in matters Ecclesiastick , how intrinsecally and purely such soever ; without so much , as owning the corrupt Ecclesiastick medium or channel of Prelacy : And withal it might have been thought , that such an act , so necessary for the legal preservation of the Indulgers , and consequently of the Indulged , in the enjoyment of the Indulgence , would go sweetly down with all the Indulged , and such as gaped for the like favour , howbeit so framed , as that it was not very pleasant , at the first tasting : For it cannot be rationally supposed , that such , as are pleased with their warme dwellings , will cast out with the walles & roof of the dwelling , without which they would enjoy no more warmness than if they were lodging beside the heth in the wilderness : And who could think , that any indulged man could be dissatisfied with that , which was all and only their legal security , and without which , they were liable to be punished as seditious persons , and as contemners of Authority , even for preaching by vertue of the Indulgence , according to Lawes standing in force unrepealed ? Whence also we see , what a faire way was made unto this Act of Supremacy , by the Indulgence ; and how the Indulgence is so far beholden unto this Act , that it can not stand without it , nor the persons Indulged be preserved from the lash of the Law , notwithstanding of all that was done by the Councel : And thus these two are as twines , which must die and live together ; for take away the Act of Supremacy , and the Indulgence is but a dead illegal thing . We may also see ; what to judge of this illegal and illegitimat birth , that cannot breathe or live , where Law reigneth , without the swedling clothes of such a Supremacy , nor can stand but as upheld by such an Anti-christian Pillar . We may also see here , that the very embraceing of the Indulgence was , upon the matter , a recognition of this Power in the King , to do in and by his Privy Councel , in Church-matters , what he pleased , even though contrary to antecedent Acts of Parliament ; and that such as are so satisfied with the effect , to wit , the Indulgence , cannot but comply with the cause , to wit , the Supremacy , as asserted in this Act ; as the man that hath a complacencie in drinking of the streames , cannot be displeased with , but delight in the fountaine , from whence they proceed . If any of these Brethren had received the same Indulgence from the Prelates immediatly , had they not thereby complyed with the Prelates , homologated their Power , and plainely assented and submitted thereunto ? Yea , had they not in this assented also mediatly unto the Supremacy , seing all the Prelats Power did flow from the Supremacie ? And shall they not now much more be looked on , as homologating the Supremacie , and as assenting thereto , when they receive the Indulgence , that immediatly floweth therefrom , and must be vindicated and defended solely by the asserting thereof ? How is it imaginable that I can receive a favour , and not homologate , assent to and acquiesce in that Power , that gave it , when the asserting of that Power , is the only mean to keep me in legal possession of the favour received ; But now , for further confirmation of what is said , let us take a view of the Act of Supremacy it self , and there see a ground laid of sufficient warrādice for the Council , in what they did , in granting the Indulgence ; and also be able to read the Indulgence it self out of the Supremacie , as here asserted ; and for this end , it will be sufficient for us , to take notice only of the last words thereof , where it is said . And that his Maj. and his Successours may Settle , Enact and Emit such Constitutions Acts and Orders , concerning the administration of the external Government of the Church , and the Persons imployed in the same , and concerning all Ecclesiastical Meetings and Maters , to be proposed and determined therein , as they in their Royal wisdom shall think fit : which Acts ▪ Orders and Constitutions , being recorded in the books of Councel , and duly published , are to be observed and obeyed by all his Maj. Subjects . Before this time , as we heard , all Acts , Orders and Constitutions , concerning Church-affairs , Church-meetings ; and Church-administrations ; were to be put in execution by the Prelates , impowered by the Supremacie unto this end : And what was lately done in the matter of the Indulgence , was done by the Councel , and not by the Prelates , and therefore contrary to law : whereupon , that this deed may be valide in law , it is here asserted , that the King , by vertue of his Supremacie , may Emit what Acts , Orders and Constitutions , he , in his royal wisdome , thinketh fit , and after what manner he pleaseth ; and so , if he will , may order and dispose of all Church-administrations , Ecclesiastick Persons , Church-meetings and matters , by himself immediatly , or by his Councel ; yea or by his lackeys ; so that if the Lawes , Constitutions , Acts and Orders , concerning these Matters , Meetings , Persons and Administrations , be signified to the Councel , by Letter , or any other way , and be recorded in their books , and duely published , ( which they must doe whensoever required ) they must be obeyed and observed by all Subjects : Now this power being asserted to belong to his Maj. as an inherent right of the crown , no deed of gift ▪ formerly granted to the Prelats , could weaken or diminish it ; and therefore nothing done of late by the Councel , in granting of the Indulgence , according to his Maj. will and pleasure , signified by his Letter Iuny 7. 1669. can prove prejudicial unto the said PrivieCouncel , they doing nothing but what was consonant unto the Kings Supremacie , here more clearly asserted , and not granted of new , save in the forme of a formal Statute and law asserting the same . Yet notwithstanding , for the more security , ( for abundance of Law breaks no Law ) it is added in the Act. ( as we see ) Any Law , Act or Custom to the contrary notwithstanding . And moreover they rescind and annul all Lawes , Acts and Clauses thereof , and all customs and constitutions , Civil or Ecclesiastick , which are contrary to and inconsistent with his Maj. Supremacie , as it is hereby asserted ; and declare the same void and null in all time coming : According to the usual course and manner . As to the other particular , we may see the native feature and lineaments of the Indulgence , in the face of the Supremacie , so manifestly , that none who see the one needs question the intimate Relation , that is betwixt them . We see it now asserted as belonging to his Maj. Supremacy , in Church-affairs , tha● he may Settle , Enact and Emit what Acts , Constitutions and Orders , he thinketh good , whether concerning Church-Administrations , or Church-meetings , or Church-matters , or Church-Officers ; and that there needeth no more to make these Lawes , to be obeyed and observed by all the Subjects , but the recording of them in the books of the Councel , and duely publishing of them . Now , as we saw above , in the Kings Letter , concerning this Indulgence , there areConstitutions , Acts and Orders emitted and setled concerning Church-administrations , shewing what shall not be preached under the paine ofCensure : whoseChildren may be baptized , whose not : who may be admitted to hear the word , and who not . Concerning Church-persons ; who shall be accounted qualified for preaching , who not : who shall be accounted fit for the charge of such a flock , and who for the charge of another : Such and such Ministers are ordained to go to such or such Congregations , not by vertue of a Call of the people , but meerly by vertue of the Councels designation . Concerning Church-meetings , They are appointed to keep Diocesian Visitations , or Synods , and to resort to Prelats Exercises , though the Prelates look not on them as sutable company . So it is ordained , whom they are to marry and whom not . In a word , let any but compare the Kings Letter with this part of the Act of Supremacie , and he shall be forced to say , that the Letter is nothing but the Supremacie exemplified and put in practice . Hence it is manifest , that no man can submit to , and accept of the Indulgence , but he must eo ipso submit to & accept of such Constitutions , Acts and Orders , as did constitute , qualifie , and limite the same ; for the Effect includeth the Causes Constituent and Discriminating . And again , no man can submit to and accept of Constitutions , Acts and Orders , flowing from a power , but they must eo ipso recognosce that Power to be properly residing in the person , giving forth these Acts and Orders ; or grant , that he is vested with that power : and seing it is plaine from the Act of Supremacie it self , that such Constitutions , Acts and Orders , so given in Church-matters , and about Church Persons , as these were , whereby the Indulgence was midwif'd into the world , do flow from the Supremacie ; it is also manifest , that no man can accept of the Indulgence , as so and so conveyed , as it was , but they must withall virtually , implicitly , and interpretativly at least though yet really and consequentially ) acquiesce , & submit unto , and acknowledge the Supremacie , in so far , as concerneth the matter of the Indulgence , and the Acts , Orders a●● Constitutions , ●●erein comprehended . I am , in all this , far from thinking , that these Indulged brethren did formally and expresly Owne , Acknowledge , Acquiesce in or Approve of the Ecclesiastick Supremacie , in and by their accepting the Indulgence ; or that they had any such Intention therein , as to make way for , approve of , or to confirme the said Supremacy . No : I am only shewing what is the native consequence thereof , and inevitablie followeth thereupon ; and what consequentially they may and ought to charge themselves with , and others , not without ground , account them interpretatively guilty of ; and what a Conscience , when rightly awakened and illuminated , will challenge them for ; and the Posteritie will think they have failed in , and many now a dayes are stumbled by , or induced to stumble upon the occasion of : not to mention the designe of the Contrivers , which yet , when known and discovered , may occasion yea and cause a sad and wakening reflection ; Nor yet to mention , what afterward , upon several occasions was discovered , of which more afterwards , and which might have been sufficient to have made some bethink themselves , and search more narrowly what they had done , and give glory to God by turning out of such dangerous , and so many wayes scandalous and offensive pathes . Having thus briefly spoken of the Supremacie , as relating to and friendly corrosponding with the Indulgence , its native daughter , we now proceed in our History , and shall show , who were Indulged even after this Act of Supremacie was thus made and published : And of these we have found already five or six licensed , that same yeer , within a moneth or thereby after the Parliament , ( which gave us such a full , and large explication of the Supremacie , ) sat down . But we proceed to the following yeers . Edinbr . 27. 1670. Mr Alexander Wedderburn at Kilmarnock . Edinb . March. 3. 1670. Mr Iohn Lauder at Dalzel : Mr George Ramsey at Kilmars : Mr Iohn Spadie at Dreghorne . Mr Thomas Black at Newtyle : Mr Andrew Mc claine at Killaro and Kilquhanan : Mr Andrew Duncanson at Kilchattan in Lorn . Thus we have this yeer seven moe ; in all fourtie three . Towards the beginning of the next year , there is a Proclamation of the Privie Councel , re-inforcing the punctual observation of the forementioned Injunctions , delivered unto the Indulged ; after this forme . Edinb . Ian. 26. 1671. For as much as the Lords of his Maj. Privie Councel , in pursuance of his Maj. Royal pleasure , signified to them by his Letter the 7. of Iun. 1669. did by their Act of the 27. of Iuly 1669. Ordaine all such outted Ministers , as should be allowed to exercise the Ministrie , to keep Kirk Sessions , and keep Presbyteries and Synods , as was done by all Ministers , before the Year 1638. And did declare , that such of them , as should be allowed to Exercise the Ministrie , and should not obey in keeping of Presbyteries , should be confined within the bounds of the Paroches , where they preach , aye and while they give assurance to keep Presbyteries . And the saids Lords being informed , that hitherto Obedience hath not been given to the foresaid Act of Councel : Do therefore command and require all and every one of these Ministers , allowed to preach by order of Councel , to keep Presbyteries in time coming . And do hereby confine all these , who shall not give Obedience in keeping Presbyteries , within the bounds of the respective Paroches , where they preach . And ordains Extracts of this Act to be sent to every one of the saids Ministers , that none of them pretend ignorance . How or what way this Injunction was observed , I am not much concerned to enquire . Onely the Reader would know , that the Presbyteries now , and before the year 1638. were not the same ; so that however honest Ministers did observe those ; yet no honest man could , with a good Conscience , keep these meetings now ; because before the year 1638. Presbyteries had never been discharged , or removed : Howbeit many complied with the Prelates then , and frequented these meetings , yet good men keeped their Possessions ; only the Synods then were so far changed into Episcopal Visitations , that several honest men had not peace and freedom in going to them . But in our Dayes , Presbyterian Government was plucked up by the roots , and wholly cast away : And there was no Presbytery or Synod , but what was purely Episcopal , depending upon him , and recognosceing his Power . Whence we see , that by this Injunction , a compliance with Prelacy was designed . And I suppose , such of those Indulged Ministers , as had not freedom in Conscience to yeeld obedience unto this command , thought that by compliance herewith they should have Homologated the Prelats Power , and abjured Prelacy , notwithstanding that they were obliged by the Command of God , to hold such meetings for the exercise of Discipline , according to the Patterne of the New Testament , if such circumstances had not made it sinful in them : Why then might they not also have judged it unlawful for them , to have accepted of the Indulgence , as homologating the Magistrat's usurped Supremacie , and abjured Erastianisme , notwithstanding of their Obligation to preach the Gospel ? Why did not the Obligation to observe Presbyterial Assemblies , for the Exercise of Discipline , make them willing to step over the inconvenience of Prelacie , without acknowledging of which they could not keep these meetings hic & nune ; as they supposed their obligation to preach the Gospel did warrand them to step over the inconveniencie of Erastianisme , without acknowledging of which they could as little preach hic & nune ; Especially seing if they observed not these Presbyteries and Synods , they could observe none : But though they preached not in these places designed by the Indulgers , they could have preached elsewhere , with as much Glory to Christ , Good to souls , Edification of the whole Body , and Peace in their own mindes , if not more . I see not , how they , who scrupled not at preaching , though , as circumstantiated , attended with abjured Erastianisme , could rationally scruple the Exercise of Presbyterian Discipline , though , as circumstantiated , attended with abjured Prelacy . Yea , I think there was less ground for scrupling this of Discipline , than for scrupling that of Preaching ; because , as I said , they could have preached without the Erastian Indulgence , & that to much more advantage , as experience hath proved in others ; But they could not have exerced Discipline , such I meane as used to be exerced in Presbyteries and Synods , without the Prelates Courts . We have now seen the Progress of this device of the Indulgence , contrived mainely to suppress and keep down the Meetings of the Lords people in houses , and in the fields , which were the eye-sore of the Rulers , and which they were seeking to destroy by all meanes : As appeareth by that grievous Act of Parlia . made against them August 13. 1670. with the Act against Baptismes August 17. 1670. and that made August 20. 1670. against withdrawing from publick meetings ; all tending to this End. But notwithstanding of all th●se Midianit ish wiles , and cruel Acts , such was the presence of the Lord in the Assemblings of his people , and so powerful was the Operation of his Spirit with the laboures of a few , who laid out themselves to hold up the Standart of Christ , though contrary to the Law of men ; that the number of converts increased and multiplied daily , to the praise of the glory of Gods free grace , and to the great Encouragement of the few hands , that wrestled through all humane discouragment . Therefore our Rulers cast about againe , and fall upon another device , which they supposed would prove effectual for destroying the work of the Lord ; which was this . Besides the Ministers Indulged , as said is , there was a great company of Non-conforme Ministers , not yet Indulged , who they supposed either did , or might thereafter hold Conventicles ( as they are called ; ) and therefore to remeed or prevent this in time coming , they appoint and ordaine them to such and such places , where Indulged Ministers were setled , there to be confined , granting them liberty to preach , and exercise their Ministery there , according as the Indulged men would allow and imploy them ; or of new Indulging them by pairs , and appointing to places ; thinking by this meanes to incapacitate so many Ministers from holding of Conventicles or private meetings there , or else where : All which will be clear by the Acts of Councel , which follow . Halyrudhouse Septembr . 3. 1672. THe Lord Commissioner his grace and the Lords of his Majesties Privie Councel , considering the Disordres , which have lately been by the frequent & numerous Conventicles ; and being willing to remeed so great an evil , in the gentlest manner that could be thought on ; and his Maj. Commissioner being sufficiently instructed herein . They do order and appoint the Ministers after-named , outted since the yeer 1661. to Repaire to the Paroches following , and to remaine therein confined , permitting and allowing them to preach and exercise the other parts of their Ministerial function , in the Paroches , to which they are , or shall be confined by this present Act , and Commission after specified , viz. In the Dioces of Glasgow . In Egelsham Paroch , with Mr Iames Hammilton , Mr Donald Cargil . Paislay , with Mr Iohn Bairdy , Mrs William Eccles and Anthony Shaw. Neilstoun . Mrs Andrew Miller and Iames Wallace . Kilmakolme , Mrs Patrick Symson , and William Thomson . Kilbarchan , Mrs Iohn Stirling and Iames Walkinshaw . Killiallan , Mrs Iames Hutcheson and Alexander Iamison . Irwing . Newmiles , Mrs Iohn Burnet and Georg Campbel . Phinick , Mrs Thomas Wyllie and William Sheil . Stewartoun , Mrs William Castellaw , Andrew Hutcheson and Andrew Mortoun . Dunlop , Mrs Gabriel Cuninghame and William Meine . Larges , Mrs Iohn Wallace and Alexander Gordoun . Kilbride , Mrs Robert Boid and Gilbert Hammiltoun . Comray , Mrs Archbald Porteus and Iohn Rae . Kilminning , with Mr Ralph Rodger , Mr Robert Fleming . Irwine , with Mr Georg Hutcheson , Mr Iohn Law. Kilmarnock , with Mr. Alexa. Wederburn , Mrs Iames Rowat and William Hay . Kilmares , with Mr Georg Ramsey , Mr Iohn Parke . Dreghorn , with Mr Iohn Spading , Mr Iames Donaldson . Beith , with Mr William Maitland , Mr William Creightoun . Kilbirnie , with Mr William Datlidafe , Mr Patrick Anderson . Ardrossine , with Mr Iohn Bell , Mr Iames Bell. Air. Cultoun , Mr William Fullertoun . Riccartoun , Mrs Hugh Campbel and Hugh Crawfurd . Dundonald , Mrs Iohn Osburne and Iohn Hutcheson . Machline , with Mr Iames Veitch , Mr Robert Archbald . Ochiltrie , with Mr Robert Miller , Mr Patrick Peacock . Gastoun , with Mr Alexander Blair , Mr Adam Alison . Cragie with Mr David Broun , Mr Robert Maxwel . Dalganie , with Mr Andrew Dalrumple , Mr Iohn Campbel . Symentoun , with Mr Iohn Gemil Mr Francisce Irwing . Kircudbreight . Carsfairne , Iohn Semple , and Mr William Erskine . Kelles with Mr Cant , Mr Georg Wauch . Dalry , with Mr Iohn Mc Michen , Mr Thomas Thomsoun . Balmaclellan , Mrs Iames Lawrie and Thomas Vernor , in place of Iohn Ros , when he shall be transported to Staniekirk . Hammiltoun . Avendale , Mrs Iames Hammiltoun and Robert Young. Glasford , Mrs William Hammiltoun and Iames Nasmith . Shots , Mrs Iames Curry and Alexander Bartoun . Dalserfe , Mrs Thomas Kirkaldy and Iohn Carmichel . Stanihouse , with Mr Iohn Oliphant , Mr Matthew Me Kell . Cambushnethen , with Mr William Violand , Mr Robert Lam. Dalzel , with Mr Iohn Lauder , Mr Thomas Melvil . Lanerk . Carlouk , Mrs Alexander Livingstoun , and Peter Kid , now at Carlouk . Carmichel , Mrs Iohn Hammiltoun , and William Sommervail . Culter , Mrs Anthonie Murray and Robert Lokhart . Lamingtoun , with Mr Iohn Crawfurd , Mr William Baillie . Lesma●ago , with M● Thom. Lawrie a regular incumbant , Mr Iames Brotherstons Carstairs , Mrs Iames Kirktoun and Iohn Greg. Linlithgow . Westealder , Mrs Iohn Knox and William Weir . Burrowstouness , Mrs Robert Hunter and Iohn Ingles . Lothian , &c. Lintoun , with ●r Robert Elliot , Mr Robert Elliot , his Son. Oxnam , with Mr Iohn Scot , Mr Hugh Scot. Hownam , with Mr Iohn Stirling , Mr ..... Ker. Argyle . Killerne , Mrs Iohn Cunninson , and Alexander Mc Claine . Kilfannan , Mr Iohn Cameron . Campbeltoun , Mrs Duncan Campbel and Edward Keith . Kilchattain in Lorn , Mrs Iohn Duncanson and Alexander Mc Claine . Knapdail with Mr Dougal Campbel a Regular Incumbent , Mr Duncan Campbel . South Kyntire , Mr David Sympson . And yet notwithstanding of the said confinement , the Lord Commissioner his grace , and Lords of his Maj. Privie Councel , give full power , warrand and commission to the Lord Chancellovr , the Lord Duke of Hammiltoun , the Earles of Argyle , Tweddale and Dundonald , The Lords President of the Session , Register , Treasurer Depute , and Justice-Clerk , with the Bishop of the Diocess , wherein the saids Ministers are confined , or any foure of them , within the space of Six Moneths after the date hereof , to alter and change any of the Persons foresaids from any of the saids Paroches , to another of those Paroches ; or to allow and confine other Persons in their place ; They alwayes pitching in the first place upon some outted Ministers from that Diocess , wherein the Paroches , to which they are to be confined , dolye : And allowing none to preach , who were outted before the yeer 1662. or being outted since the yeer 1661. are under ●ertifications , or sentences of any Court of this Kingdom : With power to the said Commissioners and their quorum , to confine to and allow outted Ministers , as said is , in the Paroches of Tarboltoun , Barnweel , Stevenson , Lochguenoch , Inchanen and Mearns : and that so soon as the present Incumbents in these Paroches shall be provided , and transported to other Kirks . Recommending to Patrons , to give them Presentations at Kirks that shall vaik ; and particularly to ....... Patron of the Kirk of Gallouwsheils to give a Presentation thereto Mr Alexander George . To ..... Patron of the Kirk of Burghtoun , to present thereto Mr William Naismith . To ...... Patron of the Kirk of Maclue , to present thereto Mr Robert Kincaide . To ..... Patron of Grainae , to present thereto Mr ... Stewart . And for the Intertainment and maintenance of the Ministers foresaids , confined and allowed by this Act , and of these formerly indulged by the Councel : The saids Lords do think fit , that the halfe of the Stipends of the Respective Paroches , wherein they are confined , of the Crope and Yeer of God 1672. be payed to the Ministers , formerly indulged therein ; and that the other halfe of the said stipend be equally devided amongst or betwixt these formerly , and now allowed to preach in the saids Paroches . The saids whole stipends , receiving in the future Division proportionably , according to the number of Persons formerly and now allowed to preach therein . And where there was no Person formerly indulged , the third part of the stipend of the yeer 1672. is to be payed to these confined and allowed by this present Act , in the respective Paroches foresaids . And in case any of the Ministers foresaids shall not serve ; as they are allowed by this Act or Commission foresaid ; their proportion of the said stipends are to be holden as vacant , and to be imployed , conforme to an Act to be made in this Session of Parliament , anent the disposal of the Vacant Stipends . And ordaines letters to be directed , at the Instance of the several Ministers foresaids , serving as said is , against these liable for payment of their proportions of the saids stipends . And the Lord Commissioners Grace , and Lords of his Maj. Privie Councel considering the extent of the Indulgence given by this Act , and that if the same should be any further enlarged , the regular Ministers might be discouraged , and the orderly and peacably disposed people of this Kingdom disquieted ; do declare that hereafter , they are not to extend the said Indulgence , in favours of any other people , or to any other Paroches , than to those mentioned in this Act ; nor to allow outted Ministers to preach in any Kirks , not herein expressed , and wherein there are not already Ministers allowed to preach by this Act. Thus we see this Indulgence very far extended , and as far as the Counsel minded to extend the same , in all time coming : But you will say , we hear of no Orders , Instructions and Prescriptions , given unto them , whereby they were to be regulated in the exercise of their Ministrie , as others formerly allowed and licensed were . Therefore in order to this , there is an Act of Councel , of the date of the foresaid Indulgence , to this effect . WHereas by an Act of the date of thir presents , and by former Acts of Councel , diverse Ministers ou●ted since the Year 1661. have been and are warranted and licensed , to preach at certaine Kirks , therein specified ; and it being necessare for the better keeping of good Order , that the Rules following be observed by these Ministers indulged , by an Act of the date of thir presents , and these Indulged by former Acts of Councel . Therefore the Lord Commissioners Grace , and the Lords of his Maj. Privie Councel do enjoine the punctual and due observance thereof to the saids Ministers , as they will be answerable . 1. That they presume not to marry or baptize , except such as belong to the Paroch , to which they are confined , or to the neighbouring Paroches vacant , or wanting Ministers for the time . 2. That all Ministers indulged in one and the same Diocess , celebrate the Communion upon one and the same Lords Day , and that they admit none to their Communions belonging to other Paroches , without restificats from the Ministers thereof . 3. That they preach only in these Kirks , and not in the Church-yards , nor in any place else ; under the paine , to be repute and punished as keepers of Conventicles . 4. That they remaine within , and depart not forth of the Paroch , to which they are confined , without license from the Bishop of the Diocess only . 5. That in the exercise of Discipline , all such cases , as were formerly referable to Presbyteries , continue still in the same manner ; and where there is no Presbyterial meeting , that these cases be referred to the Presbyterie of the next bounds . 6. That the ordinary dues , payable to Bursers , Clerks of Presbyteries and Synods , be payed by the saids Ministers , as formerly . And that the saids Ministers may have competent time for transporting of their families , and disposing upon their goods , The saids Lords suspends their confinement for the space of three moneths , to the effect , in the mean time , they may go about their affairs , providing that during the time of the said Suspension , they do keep and observe the rest of the Orders and Instructions foresaids , and other Acts , made anent outted Ministers . There was another act of Councel made this same day , concerning all the rest of the outted Ministers , nor as yet by name Indulged and licensed , and concerning some newly ordained , as followeth . Halyroodhouse , Septemb. 3. 1672. THe Lord Commissioner's Grace and the Lords of his Maj. privie Councel , considering that by the Act of the date of thir presents and former Acts of Councel , certaine Ministers outted since the Yeer 1661. are confined in manner ther●in contained ; and that there are remaining diverse of that Number not disposed on by the said Act , it ought also to be provided , that these may not give scandal to any , by with drawing themselves from the publick worshipe , in the Kirks of these Paroches , where they reside , nor ensnare others to do the like by their practice and example ; do therefore give order and warrant to Sheriffs , Baylies of Regalities , Baylies of Baylieries , and their respective Deputes , and Magistrats within Brughs , to call and conveen before them all outted Ministers since the Yeer 1661. And not disposed on as said is , and who are not under a sentence or censure of State , resideing in the respective jurisdiction or bounds , or who shall in any time thereafter reside therein , to require them to hear the word preached , and communicat in the Kirk of those Paroches , where they dwell or repaire to ; or dwell in some other Paroches , where they will be ordinary Hearers and Communicat ; and to declare their resolution herein ; and condescend upon the Paroches , where they intend to have their residence , and hear the word and Communicate : with power to the said Sherifs and other Magistrats foresaids to seize upon and imprison their Persons , within the space of a Moneth after they should be so required . And in case any of the said Ministers shall reside in the Paroch , where there are Ministers indulged by the Councel , they are hereby warranted and allowed to preach in the Kirks of those Paroches , where they reside , upon the Invitation of the Minister therein confined and allowed ; and not else . And whereas some within the Kingdom , without any lawful Authority or Ordination , take upon them the calling of the Ministrie , preach and do other Acts , peculiar to those of that function ; and considering that such Presumption and Intrusion upon the sacred O●fice , tend to the Disordering and Disquieting of the Church and Kingdom . Therefore the Lord Commissioner's Grace , and the L L. foresaid of his Maj. Privie Councel do enjoyn the said Sheriffs and other Magistrates foresaids , within the respective bounds , to make search for , and seize upon and imprison such , upon tryal that they have exercised the Office of a Minister : To acquaint the Councel of their Names and place of their Imprisonment , that such course may be taken with them as they shall think fit . And further , the said Sheriffs are ordained and commanded to enquire , how the Ministers , confined and allowed to preach in their several Jurisdictions , do obey the Rules prescribed to them , and contained in another Act of Councel , of the date of thir presents , and whereof extracts are to be sent to the several Magistrates foresaid , who are hereby appointed to report to the Councel there anent , every six moneths , and betwixt and the first of june next their diligence in the execution of the order , contained in the Act , certifying them , that if they shall be negligent or remisse in the execution of the orders , given to them herein , or falzying to give in the said account , they shall be proceeded against and censured , according to their demerites . By this Act we see what course was laid down to have all the outted Ministers cantonized , and brought under restraint , that so the Word might also be under bonds , and restricted to these bounds , to which they had been pleased to extend the Indulgence . We see also , how the Councel looked upon such , as had been ordained , but not by Prelates , and how they were to be persecuted by their Order . We see also , how the ministery of those , who were thus to confine themselves in places ; where Indulged men were , is restricted by their Prescriptions , in its exercise . But by the preceeding Act of Indulgence , we saw a number of Ministers Indulged . who were to repaire to the several places specified ; and to this end every one of them were to receive their own particular Act or Summonds , to this effect . Halyroodhouse Septemb. 3. 1672. THe Lord Commissioner's Grace and the Lords of his Maj. Privie Councel , considering the disorders , which have lately been by frequent and numerous Conventicles , & being willing to remeed so great an evil in the gentlest manner could be thought on : and his Maj. Commissioner being sufficiently instructed herein . They do hereby order and appoint ... to repaire to the Paroch Kirk of ... and to remaine therein confined , permitting and allowing him to preach , & exercise the other parts of the Ministerial function in the said Paroch , with ... formerly Indulged . But where no Minister had been formerly Indulged , this last clause was left out . As also there was sent alongs with this act to every one of them an extract of the Councels Instructions , of the date thereof . Here we see the Former Injunctions renewed , and pressed on all , formerly and now of late indulged ; and moreover we finde some new Injunctions superadded , to wit , concerning the time of their celebrating of the Lords Supper ; of purpose to hinder the greater Good and Edification of the people , who used to go to other Churches , than their owne , to partake of that Comforting and Strengthening Ordinance ; Whereby also an insupportable yock was put upon their necks , to celebrat the Sacrament at times ( as to some in particular possiblie ) most unseasonable , when neither they nor their people were in case , and when the season of the year might prove an impediment in Landward Kirks , though none to Towns. And further they are injoined not to preach without the Walls of the Kirk , nay not so much as in their House ; such hatred and indignation had these Rulers , at all House and Field Meetings , that they would not suffer even their own licensed and warranted Ministers to do any thing , that might carry the least appearance of any such thing . So they are ordered to acknowledge their subjection unto the Prelates Courts , by referring cases , usually referable to Presbyteries , unto them ; as also to testifie their acknowledgement of the Prelates Courts , by paying their proportion of the Salarie , now alledged to be due to the Clerks of these Courts . Any may see what snares were laid here ; and what obedience was given hereunto by these Ministers , who accepted of the benefite of this Indulgence , I know not . It is sufficient for me to note here , that these Injunctions flow from an Usurped Power , and are not proper Magistratical Acts , circa sacra , but Intrinsecally Church-Constitutions ( at least several of them : ) and therefore the accepting of these , which were a piece of the complex Business of the Indulgence , as tendered and granted by the Rulers , bewrayed their falling off , in so fa● , from former Principles , owned and sworne unto . And beside , this addition of New Instructions did show , that the Councel looked upon them , as their Curats , and as Obnoxious to their Orders in Church-Matters , and what concerneth the manner and way of their exerceing of the ministerial function , as the other Curats are unto the Prelates , or as ●ver any Minister was obnoxious to the Canons and Constitutions of General or Provincial Assemblies , in our best times . And let me enquire of these Accepters , how they think such an act as this , had it been done , while the Church was in possession of her Power , would have been looked upon ? And how our General Assemblie would have looked upon such Ministers , as should have submitted unto the like then , as they have done now ? I suppose they will think , that if they had done so , they would have met with no less , than Deposition . And then let them consider , if that can be a commendable duty now , which would then have been such a Transgression . And let them say whether or not , such do them great wrong , who , adhering to their former Principles , must needs look on them , as ipso jure deposed . It deserves to be noted here , that a Lybel was formed against one Mr William Weer , at this time Indulged , and permitted to preach in West-calder ; and he was looked upon by the Councel , as one , that most basely slighted their Favour and Indulgence , and was severely to be punished , because he thought it not sufficient to enter unto that charge , mee●ly upon the Act of the Councel ; but to satisfie himself the more , as to his ground of en●rie , did receive a call from some of the Heritors and People ; and because in his first preaching to that people he declared his adherence to the So●emne League and Covenant , and that he did not acknowledge the power either of King of Bishop , in matters belonging to the Church of Christ : And in his next Sermon said , that neither King nor Councel were the Treasurers of the Gospel , or of the Ministrie of it . And because the following day , he preached against the Supremacie in matters Ecclesiastical , and against Prelacy : And because he had in preaching declared , that the Civil Magistrate had no power to appoint a day to be kept holy and observed in holy worshipe . By which we see , That the Councel taketh upon them to make this man a Minister , though they plainely shew , that he was never owned as a Minister by the Church-Judicatories . Further we see , That the Councels Act , thus ordering these Indulged Ministers to the respective Kirks , was all the call they had , or that they would acknowledge should be had , or required ; and therefore the Indulged have no call , but the call of the Councel as their ground . Further we hence see that the Councels aime and end ( among others ) was to have the Supremacie established , and Prelacie ; so that the very speaking against these , by such as were Indulged , was sufficient to be the matter of a Lybel , and was looked on as criminal : What Interpretation can then be given of the silence of others , thus Indulged , as to these great points let sober men judge ; and whether or not , the Councel did suppose , that by this Indulgence , they had obtained so many coyduks , as did willingly submit thereunto . I know several Ministers , mentioned in this Act , had not freedom to accept of this supposed favour of the Indulgence , and were therefore cited before the Councel : Among these , faithful and worthy Mr Iohn Burnet , Minister at Kilbride neer Glasgow , was one , who thought it his duty to give an open and plaine account of his Reasons to the Councel , why he could not submit to that Indulgence , and for this end , drew up his Reasons in write , directing it to the Councel : But being prevented by sickness , and thereafter by death , did not get it presented , yet sent it to the Chancellor , and left it , as his Testimonie against that evil , not changing what might have been changed in the manner of its address , because of sickness and other inconveniences . I shall here set it downe , as he left it ; not only because it was his Testimony to the Truth ( and Testimonies should be carefully keeped , and Committed to posteritie ; ) but also because his Reasons are weighty , and may helpe us to see more of the iniquity of this Indulgence . His paper was as follloweth . The draught of this Paper was framed purposely to the S. Councel , as will appear in the very entrie thereof , which mould I could not change , because of the want of health , and other Inconveniences . BEing called before his Majesties Privie Councel to give an account of the reasons , why I have not accepted of this present Indulgence , granted by his most excellent Majest . to several Presbyterian Ministers in Scotland , I desire humblie and in the fear of God ( who standeth in the Congregation of the Mightie , and Judgeth among the Gods ) to give this true , sober and ingenous Relation of such things , as did and doe invinciblie binde me , why I cannot accept of this late complex Indulgence , framed in three distinct Acts of Councel , of the Date Sept. 3. and 7. 1672. To which I shall premit these things briefly . 1. That it is well known to all the Protestant Reformed Churches abroad , concerning the Constitution and Government of this ancient Church of Scotland for many yeers , and particularly in the yeer 1660. That it was framed according to the Word of God , confirmed by many laudable and ancient Lawes of the Kingdome , and solemnly sworne to by all Ranks within the same . 2. It is also found by lamentable experience , that since that time this Ancient and Apostolick Government is wholly overturned in its very Species and kinde , and that by the Introduction of Lordly Prelacie , which is tyrannically exercised ; whereby the Church was suddenly deprived of her lawfully called Pastours , and their roomes filled by strangers , violently thrust-in upon the people , many of whom have proven scandalous and insufficient . 3. The sad Effects of these things are conspicuously apparent upon the face of this Church this day , such as involving the Land in great backsliding and defection , the abounding Ignorance & Atheisme , the overflowing spa●e of Sensuality & Profanness like to Sodome , the increase of Poperie and Errour through the Land , even to the height of Antichristian Paganisme , & Quakerisme ; The sharp suffering and smartings of many of his Maj. loyal Subjects through the Land , meerly because they cannot conforme to the present Prelatical frame ; and finally the increase of Animosities , Dissentions , Divisions , Jealousies , and Differences among the Subjects . 4. Whatever Power sound and orthodox Divines do acknowledge the Magistrat to have , and may have exercised in a troubled and extraordinary state of the Church ; yet it is not at all yeelded by them , that the Magistrat may in any wayes , alter its warrantablie established Government , and so turne that same ●roub●ed and perplexed state and frame of the Church , made such by himself , meerly to be the subject of his magisterial authoritative Care and Operation . 5. That I be not mistaken , as denying to his Maj. his just Power in Ecclesiastick matters . I do humblie and with great alacritie acknowledge , that the Civil Magistrat hath a power circa Sacra , which power is objectively Ecclesiastick ; so as he by his Royal Authoritie may enjoyn that whatsoever is commanded by the God of Heaven , may be diligently done for the House of the God of Heaven ; which Power also is by Gods appointment only Cumulative and Auxiliary to the Church , not Privative , nor Destructive , and is to be exerced alwayes in a Civil manner . As to the Reasons of my not-acceptance of the present Offer , and not repairing to the place designed by the Councel : They are 1. That our Lord Jesus Christ , Mediator , the King and Lawgiver of his owne Church , hath committed all Ministeria● Authority , for Government of his House , to his own Church-Officers , as the first proper subject and receptacle thereof , Ioh. 20 : v. 21. As my Father sent me , so send I you . Math. 28 : 18.19.20 . All Power is given to me in Heaven and Eearth , go ye and preach the Gospel . 2 Cor. 10 : v 8. Our Authoritie which the Lord hath given us for edification , and not for destruction ▪ &c. But so it is that the Act explanatorie of his Maj. Supremacie in the Church , ( whereupon the Act of Indulgence is grounded ) doth not only claime the Power to belong of right to his Maj. and Successours , as an inherent privilege of the Crown , but doth actually also invest and cloath him with the formal exercise thereof in his own Person , and that he may derive the same , and convey it to others , as in his Royal wisdome He shall think fit : For his Majest . is pleased to designe and make application of Ministers to Congregations , and that , without the previous call of the People , and power of the Presbytery ( which would suppose the Civil Magistrat to have Authoritie to judge of the suitableness of Ministers parts and gifts to labour amongst such and such a people . ) As also to frame and prescribe Ecclesiastick Rules , relating to the exercise of the Ministerial Office , as also appointing a Commission to Plant and Transplant Ministers , as they shall think fit ; Notwithstanding that it hath been unanswerablie evinced , that Presbyte●ian Government is founded on the Word of God , and confirmed otherwayes aboundantly . 2. Although I do freely disallow and condemne all tumultuarie and seditious meetings ( among which it is sad and grievous , that the peacable meetings of the Lords People for Worship , and hearing the Word soundly preached , should be reckoned ; ) yet I am so convinced and perswaded in my heart of the Lords blessing , attending the preaching of the Gospel ( though not in a pub●ick Parish Church ) as that I judge the narrative of the first act to go near to involve my acceptance of this Indulgence , being an interpretative condemning of the saids meetings . 3. There is a standing relation betwixt me & another Flock , overwhich I was set , by the appointment of Jesus Christ in his word , which tye c●n never reallie be dissolved by any other Power , than that which at first did make it up , and give it a being : And after that I had Ten years ( during the English Usurpation ) wrestled in opposition to Quakers & Independants ▪ in the place , where the first breach had been made upon the Church of Scotland , I was without any Ecclesiastick sentence thrust from the publick exerci●e o● my Ministrie in that place , where there will be 1200. examinable Persons , whereof th●re were never 50. Persons , yet to this day , who have subjected themselves to him , who is called the Regular Incumbent ; And that even when I was living 30. mi●es distant from the place . Now what a door is hereby ( by my being keeped from my Charge ) opened to Error , Atheisme and Profanness may be easily conj●ctured by those , who hear of the deplorable case of that people ? And what a g●ief must it be to them , to have their owne Lawful Pastor shut up in a Corner , whereby we are both put out of a capacitie to receive any mo●e Spiritual comfort flowing from that Relation , which is yet in force betwix● us ? Or how is it to be imagined that any new supervenient relation can result betwixt another Flock and me , by vertue of an Act only of a meer Civil Judicatorie ? Beside , that the people , in whom I have present Interest , are utterlie rendered hopeless by a clause in the end of the first Act viz. That the Indulgence , is not hereafter to be extended in favours of any other Congregation , than these mentioned in the Act , whe●eof they in that Parish are none . 4. That I will not offer to debate the Magistrat's sentence of Confinement , let be his Power to doe the same ; yet I shall soberly say , there are so many things attending the present application thereof to my Person , that it cannot be expected , I should give that Obedience hereto , which might inferre my owne Consent or Approbation , for 1. Though this Confinement be called a gentle remedie of the great evils of the Church , in the narrative of the first Act , yet it is found to be a verie sharp punishment , as it is circumstantia● . 2. All punishments , inflicted by Magistrats on Subjects , ought to relate to some Cause or Crime , and cannot be done arbitrarilie , without oppression , which truth is ingraven on the light of nature : For Festus , a heathen Man Acts 25 : 27. could say , It seemeth to me unreasonable to send a Prisoner and not withal to signifie the crime laid against him ; yet am I sentenced and sent in fetters to a Congregation , without so much as being charged with any crime , And all the world are left to collect the reason of this Censure . 3. If my Confinement relate not to any crime , it must needs relate to a designe , which designe is obvious to Common sense , viz. th●t I should preach and exercise the Office of my Ministrie , whollie at the appointment & disposal of the Civil Magistrat ; and a sentence of Confinement is less obvious to debate and dispute by the Subjects , and will more easily goe downe with any simple man , than an express command to preach , grounded on his Maj. Royal Prerogative and Supremacie , and cannot readily be refused by any , unless a man make himself to be constructed , a squimish wild Phanatick , and expose himself to great sufferings ; so this Confinment , which hath both his Maj. Prerogative and Supremacie in Ecclesiastick matters in it , comes to me in roome , and that directly , of the Peoples Call , and Presbyteries Authoritie and other Ecclesiastick Appointment . Now this designe , however closely covered , I dare not in Conscience , yea I cannot ( with the preservation of my Judgment and Principles ) concurre with , or be consentient thereto . 4. By the Confinment I am put to an open shame before the world , and particularly in that place , where I am permitted to preach the Gospel : For what weight can my preaching or ministerial Acts of Discipline and Government have , while I my self am handled and dealt with as a Malefactour and Transgressour , a Rebel or Traitour to my Prince & Nation ? Or how can I preach the word of the Lord freely and boldly against the ●innes of the time ( as against Profanness , Errour , Injustice and Oppression ) as Ministers ought impartially to do , while I am kept under a perpetual check of the sword of the Magistrat at my throat ? This to me is not preaching , but an over-awed discourse : Morover , I become a prey for any malicious prejudicat hearer , who shall happen to accuse and informe against me . Can I be answerable to God who sent me , to render up my self willingly to be a servant of men ? Were not this to cut-out my owne tongue with my owne hands ? 5. This Confinment is not simplie or mainly of my Person , ( which sentence if it were so , I should most willingly undergo ) but it is of the Office it self ( the imprisonment of which ought to be sadder to me , than any personal suffering whatsoever ) while 1. It is not of me alone , but of all the Presbyterian Ministers in Scotland , a very few only excepted . 2. While the propagation of the Gospel by the personal restraint of us all is manifestly obstructed . 3. We are cut off from the discharge of many necessary duties , which we owe to the Nation and Church , and specially at such a time , while she is in hazard to be swallowed up with a swarm of Iesuits , Quakers and other damnable Subverters of the Truth ; and ( which is yet more ) while three parts of the Kingdom , are groaning under ●he want of the Word , faithfully preached , and some few Shirs only here in the West are made , as it were , the Common Goal of all the Ministers , that are permitted to preach . 4. By this Confinment , I lose an essential part of my Ministerie , which is the exercise of Jurisdiction and Church Government ; which yet Mr Baxter , ( a very favourable non-conformist ) asserts to be as essential to the Office of a Minister , as Preaching of the word ; The staff being as needful to the shepherd , as either the pigg or the horne is ; so sayes the Scripture of preaching Elders Acts. 20.28 . The Holy Ghost hath made you Overseers or Bishops , no less then Teachers ; a principal par● of which Government is Ordination of Ministers , for preservation of a succession of faithful men in the Church ; whereof by the Act of Confinment ( as also is expresly provided by the last c●ause of the last Act ) we are intentionally deprived for ever , while it is in force : In loseing of which one branch of our Government , we undo our own cause with our owne hands . I remember the first thing the ambitious Romane Clergie invaded and usurped , was the Jurisdiction and Authoritie of Presbyters , turning the Ministers of Jesus Christ into the Prelats jurney men , making Curates of them , only for preaching and intimating the Bishops mandats , And what else doe I in this case , but make the Ministerie of the Gospel in my Person Immediatly dependant , in the exercise of it , upon the arbitriment of the Civil Magistrat . 5. As for the Permission and Allowance I have to preach ▪ when confined , This Permission seemeth very fair , while I look on it abstractly , without relation to the rest of the Particular circumstances of the Act ; for this would look like opening the door in part , which the Magistrat himself had shut ; but while I take it complexly with what else is joyned with it , it doth presently carry another ●ace , like some pictures or medals that have two or three different aspects to the eyes of the beholder : For Permission to preach in any vacant Church within the Kingdome is so very great a favour , as for which I would desire to bless God , and thank hi● Maj. most heartily : But take it without the praevious Call of the people , the Authoritie and Assistance of a Presbyterie , as it may be had ; and take it without the exercise of Discipline and Government , but what is Congregational ; and so it is ●ame . Againe , take it with the Confinment and other claggs and cavea●s , contained in the 2. Act , Or take it with the burden of being obliged to follow all matters ( formerly referable to Presbyteries and Synods ) before these Presbyteries and Synods , which are now constitute by Bishops and their De●egats ; and so it is nothing but that same Accommodation , which we formerly had in our offer from the Bishop , and did refuse : And take it yet with the robbing of our owne Congregations , and with the depriving of three parts of foure of the whole rest of the Land , and then I have it to consider , whether this my Permission to preach be not the putting of my neck under a heavier yoke , than it could be under before . 6. The last Reason ( for brevity ) is from the Affinity with and dependance this Act of his Maj. Royal Indulgence hath upon the late explanatorie Act of his Maj. Supremacie , ( which I desire with sorrow of heart to look upon , as the greatest Incroachment can be made upon the Crown and Authority of Jesus Christ , who is only King and Lawgiver of his Church upon Earth ) as will be evident by comparing the two Acts together ; For the Act of his Maj. Supremacie ( besides the narrative ) containes two principal parts , viz. ( 1 ) The Assertorie of his Maj. Supremacie , which is the main Theam proposed to be explained , in these Words ▪ The Estates of Parliament do hereby Enact , Assert and Declare , that His Majest . hath the supreame Authoritie and Supremacie over all Persons , and in all Causes Ecclesiastick ▪ within this Kingdom . ( 2. The Explanatorie part followes , in so many most comprehensive and extensive Branches and Articles , thus : That by vertue thereof the Ordering and Disposal of the external Government of the Church doth properly belong to his Maj. and his Successours , as an inherent righ● of the Crown , and that his Maj. and Successours may Settle , Enact & Emit such Constitutions , Acts & Orders , concerning the Administration of the external Government of the Church , and the Persons employed in the same , and concerning all Ecclesiastical meetings and matters , to be proposed and determined therein , as they in their Royal Wisdome shall ●hink fit . Againe the Act of his Maj Royal Indulgence , which is the exercise and actual application of his Supremacie in matters Ecclesiastick , may be taken up in these particulars comprehensively . ( 1 ) The nomination and election of such and such Ministers , to such and such respective places . ( 2 ) A power to plant and transplant , put out and put in Ministers to the Church . ( 3 ) The framing and prescribing Rules and Instructions , for limiting Ministers in the exercise of the Ministerial Office. ( 4 ) The ordaining Inferiour Magistrats , as Sherifs , Justices , &c. to informe the Councel every six moneths , under highest paines , anent the carriage of Indulged Ministers , and how they observe the foresaid Rules . ( 5 ) The Confining of licensed Ministers to one small Corner of the Kingdome , and declaring all other Places and Congregations whatsoever within this Nation to be uncapable of any share of this Royal Favour , except such places only as are exptesly contained in the Act itself . Now , that these Particulars of the Act of Indulgence are of the same nature and kinde with the Articles Explanatorie of his Maj. Supremacie , will demonstratively appear by this plaine Argument , viz. To Settle , Enact , Emit Constitutions , Acts and Orders concerning Matters , Meetings and Persons Ecclesiastick , according to their Royal pleasure , is the very substance and definition of his Majest . Supremacie , as it is explained by his Estates of Parliament . But the Act of his Majest . Indulgence , in the whole five fornamed particulars thereof , is only to Settle , Enact and Emit such Constitutions , Acts and Orders , concerning matters , and Meetings , and Persons Ecclesiastical , according to Royal pleasure : Therefore the Act of his Maj. Indulgence is the substance and definition of his Maj. Supremacie , as it is explained by his Estates of Parliament . The Rules and Instructions for limiting Ministers in the exercise of their Office , as also the rest of the two forenamed Particulars of the Indulgence , are such , as I declare I cannot accept of them , or any other favour whatsoever , upon such termes and conditions ; because they containe the down-right exercise of Erastianisme ( as I humbly conceive ; and a discretive judgment of such Acts as a man resolving to practise can not be denyed him , unless men be turned into bruits , and so be ruled no more as reasonable creatures ) namely , the Magistrat by his proper and elicit Acts , doing that which is purely Spiritual and Ecclesiastick , as a Nomothetick Head and Lawgiver , framing such Lawes and Constitutions Ecclesiastick , as are not competent for any Ministerial or Declarative Power to enact or impose ; but of that Power only , which is absolutely Soveraigne : and whatsoever will militat against an Ecclesiastick Person , to arrogat to himself to be Christs Vicar on Earth , and a visible Head , to give and make Lawes for the Church , according to his pleasure ; The same also will make much against any other , though the greatest in the World , to assume to himself this Prerogative , so long as he can produce no divine warrant for this claime . A more particular consideration of these Rules , and other Particulars , I must needs ( for brevity ) forbear . My Noble Lord. HAving , in the singleness of my heart , and I trust without any just ground of offence , given this short and sober account of the Reasons , why I have not made use of his Majest . Royal favour and Indulgence , And being fully perswaded in my Conscience , that both Magistracie and Ministery are Gods Ordinance , & no wayes destructive , but mutually helpful one to another ; so that I can not but earnestly long , That the Lord , who hath the hearts of Kings and Rulers in his hand , would put it in the heart of our great Soveraigne ( and in your Gr's heart to be instrumental therein ) that he would grant us , Ministers , libertie to make full proof of that Ministery , which the Lord hath given us for edification , and not for destruction ; that we might have the opportunitie to make it appear , that the Government , which the Lord Jesus hath appointed in his Church , doth well consist and agree with the Magistrats Civil Government in the State , that so I and all others , my outted Brethren , may have access to our former Charges , or other Congregations , as we shall have opportunity of a cordial Invitation from the people , with the assistance and help authoritatively of lawful Church ●udicatories , until such time as God shall grant a patent way to returne to our own Charges . ( 2. ) And that Presbyterian Ministers may have access to his Maj. for representing just grievances , which press heavily our Consciences , and the consciences of the people , his Maj. loyal and faithful Subjects in the Land. In granting of which necessary and just desire , I your Gr's . Servant shall be a humble Supplicant at the Throne of Grace , for the preservation of his Maj. Person , the establishing of his Throne in righteousness ; and that the Lord would poure forth the Spirit of righteous judgment on your Grace that the Lord may be blest , and your Grace may finde mercie in the day of visitation . J. BURNET . By this free and faithful Testimony , we see what Reasons moved him not to accept of this supposed favour ; and particularly we may observe , that one maine Reason was , the Relation and Affinitie , that was betwixt the Act of Indulgence , and the Explicatory Act of Supremacie ; so that who ever accepted of this Indulgence , could not but be looked upon as virtually and materially ( at least ) approving and consenting to the Supremacie ; & what iniquity lyeth wrapped-up in this , a few words could not express . But Moreover there were Ten Ministers ( I suppose worthie Mr Iohn Burnet forementioned was one of them ) who did meet together upon the same account , to draw up reasons of their refusing the Indulgence , to be presented unto the Councel : But though the Paper was drawn up and subscribed ; yet I did not hear , that it was presented . However , because it may also contribute some light and confirmation , I shall set it down here , as I had it . ALL of us being concerned and reached by the late Act of Indulgence and Confinement , & some of us being already cited to give an account , why we have not accepted the same , do humblie desire , in the fear of God , ( who standeth in the Congregation of the Mighty , and judgeth among the Gods ) to give this true , sober and ingenous relation of the Reasons , which lye weighty on our Consciences , and binde us up from compliance with your LL. Commands , in this matter ; briefly premitting first . That our non-compearance hath not flowed from any contempt of , or disrespect unto Authority ( which we alwayes highly esteem in the Lord , as our Consciences bear us witness , resolving through grace to submit thereto , in all things Lawful ) but from the apprehension , we have conceived of the hazard of our Ministrie and Persons thereby , lest by our personal appearance , and signifying our reasons coram , we might have probably irritated your LL. Secondly . That we be not mistaken , as denying to his Maj. his just power , in reference to Ecclesiastick matters , we do heartily and with great alacrity acknowledge , that the Civil Magistrat hath a power circa sacra , objectively Ecclesiastick ; so as he by his Royal Authority may enjoine , that whatsoever is commanded by the God of heaven , may be diligently done for the house of the God of heaven : Which power is only cumulative and auxiliary to the Church , not privative nor destructive , and is to be exercised alwayes modo civili . As to the reasons amongst many , which might be adduced ( not willing to trouble your L L. with prolixitie ) we humblie propose these few . 1. That our blessed Lord Jesus Christ , Mediator , the only Head , King and Law-giver of his own Church , hath committed all Ministerial Power and Authority for Government of his House , to his own Church-Officers , as the first proper Subject and Receptacle thereof Ioh. 20 : 21. Matth. 16 : 19. and 18 : 18 , 20. and 28 : v. 18 , 19 , 20. 2 Cor. 10 : 8. But so it is , that the Act explanatory of his Maj. Supremacie in the Church , whereupon this Act of Indulgence is founded , doth ascribe this Power to His Maj. and His Successours , as an inherent right of the Crown ; and actually invests him with the formal exercise thereof , in his own Person , deriving and conveying the same to others , as he in his Royal Wisdom shall think fit : And that the Act of Indulgence appeareth to be the Exercise and Actual Application of the Supremacie in Matters Ecclesiastick , is obvious by comparing the two Acts together ; namely in these 3. Particulars , ( 1. ) The Nomination and Election of such and such Ministers to such and such respective Congregations , and that without the previous Call of the People , and Power of lawful Church-Judicatories ; which supposeth the Civil Magistrat to have Authority to judge of the sutableness of Ministers Gifts and Qualifications , to labour among such and such people . ( 2. ) A power to plant and transplant , to put-out and to put-in Ministers in the Church , and actually clothing Persons meerly civil with Power for that effect . ( 3. ) The framing and prescribing Ecclesiastick Canons and Instructions , for regulating the exercise of the Ministerial Office : all which are proper , intrinsick and formal Acts of Church-power , belonging by vertue of Christs Institution to Church-Officers . 2. Although we do freely disallow and condemne all tumultuary and seditious Meetings ( amongst which it is sad and grievous that the peacable Meetings of the Lords people , for Worship and hearing of the Word soundly preached , should be reckoned ) yet are we so convinced and perswaded in our hearts of the Lords blessing , attending the preaching of the Gospel , though not in a publick Paroch-Church ; as that we judge the narra●ive of the first Act goes neer to involve the Accepters of this Indulgence in an interpretative condemning of the saids Meetings ; which we in Conscience da● not do , being commanded to abstaine fom all appearance of evil 1 Thes. 5 : 22. 3. There being a standing relation betwixt us and those flocks , over which the Holy Ghost hath made us Overseers , according to Christs Institution in his word ▪ the sense of which tye engageth us , to have special regard to these flocks , until that be dissolved by the same power , that made it up and gave it a being ; besides that by keeping us from our Charges , a wide door is opened to Errour , Atheisme and Prophanity , and we disabled to discharge the trust , committed to us by Christ , for which we must be answerable to him , in that great day of accounts : What a grief must it be to the people to have their own Lawful Pastours shut-up in a Corner , whereby both we and they are put out of a Capacity for performing of those duties , which tend to our mutual Comfort and Edification ; which no doubt is much aggravated by the Intrusion of others , whom they cannot acknowledge as their Lawful Pastors , they looking on the former relation , as yet in force . 4. Though we be far from questioning the Magistrats just power to confine any of his Subjects within his Dominions ; yet there are several things in the present complex case , which we do humblie desire to present to your L L. as burdensome to our Consciences , as ( 1. ) That this Confinement is not simplie of our Persons , but of the Ministrie it self , the Imprisonment of which should be sadder to us , than any personal suffering whatsomever : while , First , It is not of one or two , but of all the Presbyterian Ministers of the Church of Scotland , a very few only excepted . Secondly , While the Propagation of the Gospel , by the personal restraint of us all , is manifestly obstructed . Thirdly , We are cut off from the discharge of many necessarie duties , which we owe to this National Church ; and specially at such a time , when so much in hazard to be swallowed up with the floud of Iesuits , Quakers and other damnable subverters of the Truth ; and which is yet more , that the three parts of the Kingdom are groaning under the want of the word faithfully preached . As also by this Confinement , we lose the exercise of an essential part of our Ministrie viz. Jurisdiction and Church-Government , a Principal part whereof is Ordination of Ministers , for preservation of a succession of faithful men in the Church , whereof by this Act of confinement ( as is also expresly provided by the last clause of the last Act ) we are intentionally deprived for ever , while it is in force ; in loseing of which , we do burie our cause with our own hands ( 2. ) We cannot but sadly regrate , that no Physical restraint is put upon Papists & Quakers , yea while their Meetings and Conventicles have been found and known , yet not all quarrelled . But the Meetings of Orthodox Protestants hunted , pursued and obstructed , to the great griefe of all the Godly in the Land , though nothing hath been found in them to the prejudice of the peace of the Kingdom , or his Maj. true Interest ( 3. ) It is no small grievance , that we are cast in two's and three's in one Paroch , where there is no need of our Ministrie , nor accommodation for our families , while there are Thousands left to the oversight of others , both in sufficient and scandalous . 5. By the last Act of this Indulgence , all Ministers not indulged are prohibite the exercise of their Ministrie , even as to the preaching of the word , except in the places of their respective confinements , and that upon a call from the Incumbent allannerly : And in their summonds are required to engage to the same ; which being contrare to the Scripture commands , and the Commission delivered to us by the Lord Jesus , for feeding of his people by the everlasting Gospel , doth cast us upon a sad dilemma either of disobeying God , or your L L. so that we must say , Whether it be better to obey God or Men , judge ye . And now , My Lords , having in the singleness of our hearts , and , we hope , without any just ground of offence , given this short and serious representation of our thoughts , in this affaire ; we humbly intreat your L L. to give a favourable hearing to these our subsequent just and necessarie desires viz. 1. That your L L. would not construe our non-compliance with the Indulgence , as tendered in the forementioned Acts , to proceed from humour and peevishness ; but from Conscience , which makes us , that we dar not be ●ilent in matters of so great concernment to our Lord and Master , to whom in the first place we owe fidelity , upon all highest paines ; and that our hearts may not condemne us , in withholding from Caesar what is Caesars , nor in giving to him , what is the Lords . 2. That we be not pressed to go to our Confinements , nor proceeded against as disloyal , and contemners of Authority , on that account ; and that we may have liberty to preach the Gospel to our own respective flocks , and to others , as we have access in providence . 3. That your L L. would be pleased to deal with his Maj. to take off the legal restraints on our Ministrie and Persons ; that we may peacably give ourselves to the work of the Ministrie , for the Edification of the body of Christ. 4. & Lastly . That your L L. would seriously consider , in the sight of the most high God ( before whose tribunal we are all shortly to appear , and give an account of our actions ) the heavy pressures and burdens , lying on the Consciences of Ministers and People for meer preaching , and hearing of the word ; which pressures have mainly flowed from the heavy yoke of Prelacy ( a plant that our heavenly Father never planted ) under which this Church hath groaned those many years . And also we most humbly beseech your L L. that what favour it shall please his Maj. in his Royal Clemency to grant , may not be inconsistent with our known Principles , to which we stand engaged by solemne Covenant and Oaths . In granting of which desires , as your L L. will undoubtedly make glade the hearts of many Thousands of his Maj. Loyal Subjects ; so ye will much encourage us , your humble Petitioners , to continue serious Supplicants at the throne of grace , for Establishing his Maj. Throne in righteousness , and for pouring out a spirit of righteous judgement ; that we may lead a peaceable and quiet life , in all Godliness and honesty . By these Testimonies and Papers , howbeit not all presented either to the Chancellour or Councel , as was in singleness intended by some , we may see , that there wanted not weighty reasons to have moved such , as loved to walk tenderly , and circumspectly , in such a day of trial and snares , to have peremptorily refused this so dangerous , so ensnaring , so scandalous and so destructive an Indulgence . We shall now proceed in our Historie , and hasten to an end thereof . The following year , to wit , 1673. Some Ministers , who had been Indulged , were now cited before the Councel , for not observing the 29. of May. and other Instructions given unto them , of which , and of the carriage of these Ministers at that time , we shall take occasion hereafter to speak more fully , and shall content ourselves now with the simple relation of the matter , as it stands in the Registers . VPon the 8. day of Iuly 1673. The Ministers underwritten , who were Indulged to preach , at the Kirks , specified in the Councels Act of the 3. of Septemb. 1672. and formerly , being conveened before the Councel , viz. Mr Iohn Crawfurd , Mr Anthonie Murray , Mr Iohn Hammiltoun , Mr Iohn Oliphant , Mr Iames Currie , Mr Iohn Lauder , Mr Iohn Stirling , Mr Iames Hutcheson , Mr Iohn Bairdy , Mr Iohn Eccles , Mr Andrew Dalrymple , Mr Iohn Gemmil , Mr Hugh Camphel , Mr Alexander Blair , Mr Iames Veitch , Mr William Fullertoun , Mr Iohn Hutcheson , Mr Robert Miller , Mr George Ramsay , Mr Iohn Bell , Mr Ralph Rodger , Mr William Dillidaff , Mr Georg Hutcheson , Mr Iohn Spading ; Mr Iohn Wallace , and Mr William Maitland ; and all of them , except the saids Mr Iohn Bairdy , Mr Iohn Crawford and Mr William Fullertoun , compearing , and all of them , except the saids Mr Iohn Spading , Mr Iohn Wallace , and Mr William Maitland , acknowledging that they had not observed the 29 ▪ of May 1673. The Councel did finde them to have contraveened the 12. Act of the third Session of his Majest . second Parliament , and therefore fined ilk one of them , in the halfe of their respective proportions of the Stipends , allowed to them by the Act of Indulgence , and that for the Crope and year of God 1673. And in regard the saids Mr Iohn Spading , Mr Iohn Wallace , and Mr William Maitland did observe the 29. of May ▪ the Lords of Councel assoiled them ; and ordained the three Persons not compearing to be denounced Rebels . And further , the said Mr Alexander Blair Minister at Castoun , having publickly disowned the King and Councels Power , in giving them these Instructions , appointed for the Indulged Ministers ; the Lords of Councel did ordaine him immediatly to be carried to the Tolbooth of Edinburgh , and there to be kept close prisoner , until further order . And in regard diverse of these Indulged Ministers did pretend , they had not received the saids Instructions , did cause deliver to them extracts thereof at the Bar , that they might pretend no ignorance of the same . Edinbr . the 10. of Iuly 1673. The Ministers underwritten being conveened for the cause foresaid , were fined ut supra , upon their own Confession , viz. Mr Iohn Mc Michen and Iohn Sempil . And Mr Iohn Colt not compearing was ordered to be denounced . Edinbr . the last of Iuly 1673. The Ministers underwritten were also fined upon their own Confession , ut supra , for the causes foresaid , viz. Mr Iohn Scot , Mr Iames Fletcher , and Mr Robert Mowat . Upon the 4. of Septemb. 1673. Mr Alexander Blair is ordered to have liberty upon caution , that dureing the time of his Inlargment , he should keep himself in the House of Iean Weir , nigh the Weigh-House of Edinbr . and re-enter his Person within the Tolbooth thereof , within the space of one Moneth . And that dureing the said space , he should not keep any Meetings , contrare to the standing Lawes of the Kingdom , under the paine of 5000 Merks Scots money . And upon the 8. of Januar. 1674. his Inlargment is prorogat for the space of fourteen dayes , upon caution of the summe , and in the former termes . But before this short time was fully at an end , He was called home to his Master's joy : of whom , & of the ground of his particular sufferings , we will have occasion to speak something hereafter ; and therefore it will be sufficient at present , for clearing of what is past concerning him , to give a short deduction of the matter . When Mr Alex. Blair , and others ( as we saw above ) were called before the Council , upon the occasion mentioned , The Councel enquired if they had observed the Instructions that were given unto them ; some answered that they had never seen them ; where upon the Councel resolved , to prevent this excuse in time coming , to give to every one of them Coram , a Copie of these Instructions . When the day appointed here unto cometh , they all compear , ( what was their Deliberations and Resolutions , in the Interim , and what was the carriage of the rest , that day , we will have a fit occasion to speak hereafter ) the Copie of the Instructions is given to each of them , standing Coram at the Bar ; Several had received them , before , they were presented to Mr A. Blair . But when they are given to him , he , being moved with zeal , and remembering whose Ambassadour he was , told the Council plainly , that he could receive no Instructions from them , to regulat him , in the exercise of his Ministrie ; otherwise he should not be Christ Ambassadour , but theirs ; and herewith letteth their Instructions drop out of his hand , knowing of no other Salv● , or manner of testifying for the Truth , in the case . The Council , seeing what a direct Opposition this was unto them in their Designes , in a rage sent him with a Macer unto prison ; which made a great noise in the City , the more serious , though sorrowful at his sufferings , yet rejoicing that he had witnessed a good Confession , and so had perpetuated the Testimonie of the Church of Scotland her patience . This could not but carry some sad reflection with it on the rest , who had received , and come away with these Instructions in their hand ; wherefore some Judicious and serious Ministers in the Town , being filled with shame and sorrow both at what past , endeavoured to call the rest together , that they might owne Mr Blairs Testimonie , vindicat themselves , and prevent the contempt , under which otherwise they would lye ; but though they did meet , yet nothing of this kind could be granted ; some would not move one step forward ; and the rest , out of a pretence of love to Union , though in evil , would not leave them ; but they all , notwithstanding of all their love to Union , left Mr Blair alone , who yet was not alone ; his Masters presence making up the want of his Brethren their fellowship : at this meeting , I heard there was a motion made , that some should be appointed to write about the Magistrats Power in Church-matters ; as if they , forsooth , could have found-out new Principles , to have justified their own proceedings , so point blank contrary to all the Actings of the Church of Scotland , and of the faithful in it , from the beginning ; and if the Person that drew up their Vindication ( of which afterward ) was appointed hereunto , I should have expected nothing but a piece of Vedelian Pedantrie : But it was good , that this motion was also laid aside . However faithful and honest Mr Blair must moreover suffer by their Tongues ; for they were not ashamed to say , that all his suffering was for his rude and unsutable carriage before the Council , though all that knew him , knew him to have as much of a Gentle-man , and of good breeding , as any of them : But the Truth was ( as a faithful Person , to whom he himself spoke it , did report ) he had that day bowed the knee to the Father of our Lord Jesus Christ , and with much earnestness begged Counsel and Courage , in order to a sutable carriage , at that appearance , and finding his heart enlarged , did not leave praying that morning , until he had obtained some assurance , he should be assisted ; and therefore came before the Council , with Micajahs Rudness ( if so it must be called , ) as having gote a sight of his Royal Master , and durst do , or receive nothing , that might countenance an encroachment upon his Prerogative Royal. It was also known , that some of those , who in their previous Meeting voted for Mr B. being their mouth before the Council , said now , they were glade he was not , for then he had marred all their Business : And in a Vindication of the rest , emitted by some of their number , he is also ( as we shall hear ) lashed , and that with the Intrado of hinc illae lachrymae , as if he had done more hurt by this Testimonie , than his own , and the lives of many were worth . While worthie Mr B. is ( as we have seen ) in prison , he falleth very sick , and friends and Physicians fearing his disease should prove mortal , he with much difficulty obtained the liberty mentioned , until he was taken home to glory . It is worthie of our noticeing , That dureing the time both of this Imprisonment and Confinement as the Sufferings of Christ abounded in him , so his Consolations also abounded by J. C. for all who conversed with him returned comforted , by seeing and sharing of his Consolations ; and particularly when drawing nigh to his end , how was his Soul made to rejoyce , in reflecting on his being honoured and helped to give that Testimony ? And with what Horrour and Indignation would he express himself , upon supposition he had done less than he did ; yea , all his griefe and regrate was , that he had not done more . At length , when the time of the liberty granted , to abide in his Chamber , was almost expired , his glorious Master , who would want him no longer , nor suffer him to want the Confessors reward , sent and rescued him from the rage of Persecutors , and from the Reproaches of his deserting Brethren , and took him home to his Masters Joy ; and the sound of , well done good and faithful Servant , filling his eares , made him shut his eyes singing , and give up the Ghost in assurance of being embraced , and of having access to embrace . From all this , these things are observable , 1. That God , by the speaking significations he gave of his complacency in the Freedom and Fidelity of his Servant , wrote a sufficient refutation of all that was said by some , to disgrace both him and his Cause . 2. That here is a new witness from Heaven against these Invasions . 3. As also against the Indulgence , and the taking of these Instructions . Beside 4. The Encouragement given to all to abide faithful , in avowing Christs Prerogatives , and the Priviledges of his Church and Kingdom , even though abandoned of all , who should bear them Companie , or go before them . Ere we returne to take further notice of what past , when the forementioned Indulged Ministers compeared before the Councel , we shall for a close out of the Registers mention these following Acts. Edinbr . 6. of Feb. 1673. A Nent a petition , presented by Mr Robert Hunter , now Minister at Burrowstouness , that conforme to an Act of Councel , the petitioner did serve the cure at the Kirk of Duning for the 1671. and 1672. years , and after Martimass last did transport himself to the Kirk of Burrowstowness , conforme to the Councels Order . And therefore humbly supplicating , that the Stipend of the said Paroch of Duning for the saids two years might be appointed to be payed to him . The Lords of his Maj. privie Councel , having heard and considered the said Petition , do ordaine the said Stipend of the said Paroch , for the said two years , to be payed to the Supplicant ; and that Letters of Horning be direct for that effect . In the Year 1676. there came forth an open Proclamation , Dated March 1. THE Lords of his Maj. Privie Councel considering that by their Act of the 3. Septemb. 1672. they did Order and appoint diverse outted Ministers , to repaire to the several Paroches , therein specified ; and to remaine therein confined , permitting and allowing them to preach and exercise the other parts of the Ministerial function in those Paroches , and did require and enjoyn these Ministers , or any other Ministers indulged by former Acts of Council , to keep and observe the Instructions following , as they would be answerable . That they should not presume to Marry or Baptize any , except such as belonged to the Paroch , to which they were confined , or to the neighbouring Paroches vacant or wanting Ministers for the time . That all Ministers indulged , in one and the same Diocess , should celebrate the Communion upon one and the same Lords Day ; and that they should admit none to their Communions belonging to other Paroches , without testificats from the Ministers thereof . That they should preach only in these Kirks , and not in the Church-yards , nor in any place else , under the paine to be repute and punished , as keepers of Conventicles . That they should remaine within and not depart forth of the Paroches , to which they are confined , without licence from the Bishop of the Diocess onely . And whereas it is informed , that the saids outted Ministers , indulged as aforesaid ( at the least many of them ) have violated and contraveened the foresaids Orders and Instructions ( upon which termes they were permitted and indulged to preach and exercise the other functions of the Ministry ) whereby many disorders are occasioned . The saids Lords do therefore , of new againe , require and command all these Indulged Ministers to keep and observe the foresaids Orders and Instructions , in time coming , and specially for keeping within the bounds of their Paroches , and celebrating the Communion upon one and the same Lords day , as they will be answerable at their perril . And ordains these presents to be printed , and Copies thereof sent to the several Ministers . Nothing needeth be here observed beside the Parenthesis , where it is said , that the Observation of these Instructions was the termes , upon which they were indulged ; and therefore when they accepted of the Indulgence on such termes , they consented to them , and professed and declared their willingness to accept of their Ministery , and of the free Exercise thereof upon these Conditions ; So that whether they observed them punctually afterward , or not , the bargain was established , and they became oblieged by their own deed , in accepting of these favoures granted on these Conditions , to observe the Instructions carefully ; and it was too late to say afterward , that the Conditions were not lawful , and therefore could not be observed , for that should have been said at first ; and even upon that account alone , had there been nothing else , they should have plainely and peremptorily rejected the supposed favour . Nor will it avail to say , that they knew not , that the punctual observing of these Instructions was made the Condition of the granted favour ; for though at first these Instructions , when given , were not expresly so called ; yet the manner of proposal was such , as all who desired not willingly to run into a s●are , might have been convinced , that so and no otherwayes they were intended , and upon the matter could carry no other import . And if any were invinciblie ignorant hereof , at their first accepting of the Indulgence ; yet now , when such a Printed Proclamation came forth , wherein this was in terminis expressed , and the Printed Proclamation ordered to be sent unto each of them , they could no longer pretend ignorance ; and therefore were called , if they had been formerly really circumvented and cheated , now openly to have declared their unwillingness to accept of the Indulgence on these termes ; and henceforth to have abandoned the same , and followed their Brethren to the Mountaines . But now when this was not done , but they remained in their warme nests , how they can plead innocent before God , or Man , I see not . We proceed to relate a few things following . Edinbr . 3. August . 1676. THe Lords of his Maj. privie Councel do hereby ordaine Mr Iohn Stirling , Minister , who is confined to the Paroch at Hounam , by an Act of Councel and Indulged to preach in that Paroch , to transport himse●f from thence to the Town of Irwing , and confine himself to the Town and Paroch of Irwing , with liberty to preach and exercise the other Functions of the Ministrie , in that Paroch , as he did in the former , according to the Instructions of the Councel , given to the rest of the Indulged Ministers . By which we see , that the simple Act of the Councel is the all and only ground of transportation from one place to another ; and that alwayes the Instructions must go alongs with them , as the constant Companion of the Indulgence . Edinb . 9. Novemb. 1676. HAving heard and considered a Petition , presented by the Magistrats of the Brugh of Irwing , supplicating that the Stipend of the Paroch of Irwing , vacant in the year 1676. might be allowed to the Petitioners , for defraying the Expences , that Mr Iohn Stirling will be at , in transporting himself to Irwing , and repairing the Kirk , School and Bridge of Irwing . Do allow the Supplicants the Stipend of the said Paroch , for the said year 1676. Instant , which is vacant , for defraying the expences of the said Mr Iohn Stirling , and repairing the Kirk , School and Bridge of Irwine ; and if need bees ordained Le●ters of horning to be direct hereupon in forme as effeits . Edinb . 1. March 1677. Anent a petition presented by Mr William Maitland , Minister at Beeth , shewing that the petitioner hath served the Cure , at the said Kirk ; the two by gone years 1675. and 1676. without receiving any stipend , albeit he hath himself and a numerous family to maintaine , which he will not be longer able to undergo , unless the Lords of Councel be pleased to allow him the said stipend for the saids two years service : And therefore humbly supplicating , that an order and warrant might be granted for that effect , in manner underwritten . The Lords of his Maj. Privie Councel , having heard and considered the foresaid Petition , do hereby grant order and warrand to the Heritors and others lyable in payment of the stipend of the said Paroch of Beeth , to make payment of the same to the Petitioner , and that for ilk one of the saids crops and years of God 1675. and 1676. and ordains Letters of horning and others to be direct thereupon , in forme as effeirs . Edinb . 7. of March. 1677. The Lords of his Majest . privie Councel , do hereby ordaine Mr Alexander Hammiltoun , who is by Act of Councel confined to the Paroch of Dalmeny , and permitted to preach there , during their pleasure , to remove himself from the said Paroch of Dalmeny to the Paroch of Dalserfe , and that betwixt and the fift day of Aprile next , and to confine himself within the said Paroch of Dalserfe till further order , as he will be answerable at his peril . And do hereby permit and a●low the said Mr Alexander Hammiltoun to preach and exercise the other functions of the Ministrie in the said Paroch , till furder order from the Councel , upon the same termes , that he hath exercised his Office formerly in the said Kirk of Dalmeny . So that we see the whole exercise of the Ministrie , is , by this Indulgence , wholly at the free and arb●●riarious disposal of the Councel , and depending upon their Orders . As also , we see , that the observation of the Instructions is an essentia● part of the bargane , being the termes and condition , on which the Indulgence is granted . There came forth a Printed Proclamation August . 10. 1677. as followeth . FOR as much as the Lords of his Maj. Privy Councel , in pursuance of his Maj. Commands , signified to them by a Letter of the 7. of Iune 1669. did confine several outted Ministers to particular Paroches , with allowance to preach and exercise the other functions of the Ministry within the same , and did deliver to them certaine Instructions , to be keeped and observed ; upon which they did accept the Indulgence granted to them . And a●beit these Instructions have been frequently repeated , and sent to these Ministers , yet diverse of them have con●raveened the same , without any manner of regarde thereto . And whereas by his Maj. Letter foresaid , it is left to the saids Lords , to allow to these Ministers such parts of the Stipends , as they should think fit ; and that from time to time , the Councel hath gi●en Orders and Wa●rands to the Heretors and others , lyable in payment of the stipend , to make payment thereof , as they saw cause ; without which special war●and , they could not , nor cannot , warrantably pay the same . Notwithstanding whereof , it is informed that several Heretors have payed , or intend to pay these stipends , without special Warrant and Order . The saids Lords do therefore Prohibite and discharge all Heretors , Fewers , Liferenters , and others , lyable in payment of the stipends of the Paroches , where these Ministers are confined , to make payment of any part of the Stipend to them , for the cropt and year 1677. and in time coming without a special Order & Warrand from the Councel , under the penalty of being lyable in payment of the said Stipend againe , to such as the Councel shall appoint , and further censured for their Contempt , and ordains these presents to be printed , and published upon a Sabbath day at the several Paroch-Kirks , where the saids Ministers are confined , that no Person pretend ignorance . In the Proclamation-emitted in the preceeding year 1676. the Council said in plaine termes , that they granted the Indulgence , upon condition that the Indulged should observe the Instructions given ; and here in this Proclamation , they say , that the Indulged did accept of the Indulgence granted to them , upon these termes ; whereby we see that it was a full and formal compact , & the Indulgence was both granted & Accepted upon the termes specified . What can now be said for vindication of these accepters , I canno● imagine . If they should say : That all this is but the deed of the Council , with which they are not concerned . Yet it is certaine , that every one is Master of his own favours , and may dispense them on what termes he pleaseth ; and when the termes are known , upon which such favours are granted , and the favours formerly accepted are held , though the conditions should seem hard , yet the favour is embraced cum hoc onere ; & any after signification of a dissatisfaction cannot but be unseasonable and insignificant . It would now have been thought , if the Indulged had not been satisfied with the termes , after such publick Intimations were made unto the whole Nation , both of the grant of the favours , and of their acceptance , upon these termes , they would have signified their dissatisfaction with the bargain , and rejected the favour of the Indulgence , which they could have upon none , but sinful termes ; especially now when their silence , and continuing in the possession of the favour , did not only interpretativly , but plainly and expresly , in the sight of the whole Nation , say , they were satisfied with the termes , and would rather submit unto them , than lose the benefite they had received in and by the Indulgence . Upon which account possibly it was , that the Councel , seeing that they had attained their end , in granting the Indulgence , and had found the Indulged so calme and pliable to submit to any termes they pleased to propose , did mitigate , within two moneths thereafter ▪ the severitie of the last Act , in so far , as concerned the stipends ; for Octob. 5. 1677. this Act was made , with which I shall end this historical Relation . Edinb . Octob. 5. 1677. The Lords of Council thought fit , of that the Indulged Ministers shall not be put to a necessity of seeking yearly warrands for their stipends : But authorizeth and appointeth the Heretores of the Paroches , where they serve , to pay them their stipends , according as they serve the cure , in whole , or in part . And do declare , that if any of these Indulged Ministers shall be found to contraveen their Instructions , the Council will proceed against them , as they shall see occasion . And recommends to the respective Commissioners , appointed by the Council , for putting the Decreets of Council &c , and Acts against Conventicles and others , in execution , to see them keep their confinements ; and to report if they finde them transgre●s . We have thus deduced this Business of the Indulgence unto this period ; and , as occasion offered , have hinted all alongs such remarks , as might suffice to give understanding in the matter , and to clear up the true state of the question unto the understanding and unprejudged Reader . And from what is said , the judicious may see what is to be said of the Indulgence , & of those Ministers , who have thus accepted thereof , though no more were said : Yet that fuller satisfaction may be given in this matter , I shall , according as I promised , turn back a little ; and take notice of some things , that fell out Anno 1673. when severals of the Indulged were ( as we heard ) called before the Councel , for not observing the 29. of May , and the Instructions that had been given to them , where by we may be helped to some further clearness in this affaire . And in this examination , I shall , as to the ground I go upon , be favourable to the Indulged , beyond all exceptions ; for I shall only take notice of the relation of what passed , as made by one of themselves , in a Narrative ( as it is called ) concerning the carriage of some Ministers , who appeared before the Councel in July last ) to wit 1673 ) written in answere to afriend , who de●ired to be informed about that affaire ; and truth or falshood was in that Paper , scattered up and down among the People ; concerning the same . And I suppose , no man will blame me for grounding my discourse against the Indulgence , and Indulged , upon this Narration , seing it may be supposed , that this would be made as favourable to them and their cause , as truth would suffer ; and I shall be loath to question matters of fact ; nor shall it be necessary for ●e to examine every word in that Paper it being sufficient for my present business , to touch upon those things , which are most material , and which concerne our present question . This Author tels us ; that there were a considerable number of Ministers , who had obtained liberty from the Magistrat to preach publickly , without hazard of that legal restraint , under which they lay before , cited before the Councel . But , not to exaggerat that word obtained , which would import , that these Ministers had been too active in procuring to themselves that liberty , as it is called ; which , whether it was so , or not , I cannot determine , though this expression would give the Reader ground to suppose that indeed it had been so ; I only observe , that his Construction of the Indulgence , and his Description thereof here given , appeareth too favourable , and more favourable than true ; for sure there was more than this in the Indulgence ; Matters had been thus , if the Act of Glasgow had been simply repealed , and every man permitted to returne home to his own Charge : But when that is not done ; but every one of them sent to such places , as the Council thought meet , and appointed and ordained , there to abide , and to exerce the function of the Ministry , with such and such limitations , and upon certaine Conditions held forth and made known , and ( as the Councel saith ) accepted and submitted to , it is manifest that the matter had a far other face . Beside , that the granting of liberty to preach publickly without hazard , needed no such Act of Parliament , as is the Act of Supremacy , to salve the granters in Law , and make the grant to stand good in Law. But what for a Possession this liberty is , the Charter , by which it is confirmed , may tell us . It can be no lawful Possession before God , which must have such a de Novo damus , and Charter to secure it : And that the Indulgence could not stand without this ▪ we have seen above ; and how , notwithstanding of all that liberty , the Indulged could not be secure , in point of Law , untill this explanatory Act of the Supremacy had past in Parliament Anno 1669. whereby not only what was done by King and Councel , in licensing of so many , before that Act , was declared to be legal , because of the Kings Supremacy in Church-Affairs , never before so amply and fully declared and explained ; but way made for prosecuting the same designe , in time coming ; according as it came to passe . When the Indulgence standeth engaged thus unto ; and under the favourable aspect of that unparalleled Supremacie ; who , that is not wholly devouted unto the Supremacy , can give such a favourable verdict of the Indulgence , as this Author did ? Beside , that impartial On-lookers will judge , that there was much more in this Indulgence , seing it is obvious enough how the contrivance was made to break the honest suffering party , and ( as some of the chiefe Contrivers said ) to divide betwixt the Mad-Cap Phanaticks , and the more sober ; to confirme the Usurpation , to strengthen the hands of Adversaries , to suppress and keep down the glorious and blessed Assemblings of the Lords people , and to settle people in a Sinful silence and stupide Submission to all the Incroachments , made on the Prerogatives of the Crown of Christ , and on the Privileges of his Church , and to the overturning of the whole Work of God ; and not only the Intentio Operantium , ( which Wise men so circumstantiated , as they were , were called to eve and consider ) was obvious and clear ; but also the Intentio Operis was undeniable ; however we may please ourselves , in devising terms of mincing and extenuating , whereby to paint it forth , as well as we can , if not so , as that it shall appear beautiful ; yet so as that it may not appear so deformed , as indeed it is , and will be to all that view it in a just and upright mirrour . He saith that it is not easie nor necessare , to tell what was said to or by every one of them , they being called-in one by one ; but this is certaine , that all of them ( except two , who were dismissed upon their declaring that they had preached on that day onely because it fell to be their lecture-day ) declared they had not preached on that day , and did agree in substance upon this ground of their forbearance , that it did not flow from any disloyalty or disaffection to Authority ; but that they had not freedome to observe any s●lemne fixed anniversary Day for religious Worshippe , besides the Lords Day . To which I shall only crave leave to say , not questioning the account he giveth here , though the Council's books tell us ▪ that there were Three assoiled , and that because of their observing that day ; nor taking notice , that the Lords day is no anniversary day , but a weekly solemne day ; nor doubting of the first part of their Apology ; for as to some , it may be more than probable , that such was their loyal affection to Authority , that for fear of offending , they did not hold forth and plainely show the true ground as they ought to have done . I grant the Parliaments calling that day , an holyday , might give ground of scrupling to Conscientious Persons : Yet I suppose , it is well enough known , that this denomination was not the effect of true Devotion , nor yet of Superstition ; the day being observed , rather in honour of Bacchus , than of the true and living God ; and that the Principal thing intended , was , a Solemne , Universal and Anniversary Condemnation of the work of Reformation , which was so fully signified in the very narrative of the Act , that I wonder these Brethren did not give this , as the ground of their non-observing of that day . I shall not think , that they thought themselves free to abstract from that Narrative , and not once to notice it ; seing they could not abstract simple preaching on that day , from its due observation ; and seing every one knowes , that every observation of a day holy , or civil , appointed by Men , doth homologat the Grounds & Reasons of the Institution . But passing this , which is not of moment , as to our present business , he tells us , that there were foure of the Brethren called-in together , upon particular summonds , for baptizing of Children of other Congregations : To which among other legal defences ( whereof he can give no particular account ) they gave this answere ; that these Acts , relating to that matter , were never intimate unto them . Upon which they were told by my L. Chanc. they should get them ; and so all were commanded to appear againe the following Tuesday . As to this , we may see , that the Council did suppose those Acts to have been made known unto them . And that , so far as the Concil did know , all the rest , save these foure , had observed the Injunctions , otherwise they had been challenged upon the violation of them , as well as these foure . As to this answere , given by those foure , I suppose , the rest will willingly acknowledge , that it was not sufficient ; and that another answer had been both more pertinent , and less introductive of new troubles ; for probably , if this answere had not been given , they had not gote such a returne from my L. Chanc. Had they ingenously said , that their commission bare them to Baptize , as well as to Preach ; and that they might not be answerable to their Master , to refuse to Baptize any Childe within the Covenant , brought unto them for that end , much trouble and temptation had been , in all appearance , prevente● . And though I will not condemne all legal defences ; yet I must say , that Ch●istian prudence might soon have taught them to have waved this defence , not only because it was obvious enough what would follow : but mainly because it contained a tacite acknowledgment , that they would not have done what they did , if the Act had been intimat to them ; and that in time coming they would willingly obey the same ; and consequently , that the Injunctions were just and righteous , and such as neither they , nor any other should disobey , whether because of the matter , or because of the power enjoining them : But more of this purpose afterward . He gives us next an account of what they did in the Interval , and how they did meet almost every day , to consult what they should do , at their next appearance , in case these Acts ( called , saith he , Rules ) should be intimate unto them : And how a Paper was produced by some , appointed thereunto , which was only relative to these Instructions or Rules , with a touch of the reasons of their not-observing of the 29. of May , to which ( saith he ) afterwards was prefixed a pretty large Introduction , concerning Christ's power , in and over his Church ; and asserting the Magistrat's just right about Ecclesiastick affairs , as amply as any thing Mr Hutcheson spoke ; and denying him no more , when it was finished , than he ●enied unto him . Concerning this Paper , I can say nothing , having never seen it ; only I finde , it contained ( as himself tels us , in the following words ) this clause : That we could not receive from the Magistrate any Instructions , to regulate us in the exercise of our Ministrie : And I finde by his own relation ; that three or foure dayes they debated upon this clause , which he calleth , Unqualified : And that many of the Brethren were against it , as an Assertion , which being so generally and indistinctly expressed , would not hold water , nor be found agreable with the Word of God , or Concessions even of our Orthodox Anti-Erastian Divines , concerning the Magistrates just right . As to this Assertion , which , as he saith , Was not satisfying to some ; though I do not know , what particularly was objected against it by these some ; yet I may take liberty to say , that it appeareth not to me contrary either to the Word of God , or to the Concessions of Orthodox Anti-Erastian Divines , if it be understood , either as relative to the case than in hand ( as it behooved to be , if pertinently adduced , ) or according to the true and native import of the words , wherein it is expressed : and that because . 1. Nothing occureth to me , in Scripture , whence it can with any shew of probability be inferred , that this Assertion is not consonant to Scripture , except what is recorded of David's giving Instructions to the Levites , Porters and Singers , and Marshalling them in their several Orders and Work. But sure I am , all Anti-Erastian Divines look upon that practice , as no precedent to Christian Magistrates now , as is well known : And their ground is clear and irrefragable ; for David ▪ did what was done herein , not as King , by any proper Magistra●ical power , as is clear from what he said himself ▪ when he was delivering all these Orders and Instructions , mentioned 1 Chron. 23. and 24. and 25. and 26. over unto Salomon Chap. 28. vers . 9 , 10 , 11 , 12 , 13. he tels him vers 19. That the Lord made him understand all this , in writting by his hand upon him : And accordingly we finde Salomon doing nothing in this matter by his own proper Magistratical power ; 2 Chron. 8 : v. 14. But according to the order of David his Father . And moreover , when King Hezekiah is about this work , reforming what was am●sse , he doth nothing of this kind , Iure Regio , by his Magistratical power ; but according to the commandement of David , and of Gad the Kings Seer ; and Nathan the Prophet , 2 Chron. 29 : v. 25. and it is added ; for it was the commandement of the Lord , by his Prophets . In like manner King Josiah , when he is ordering Church-affairs , and reforming abuses , assumed nothing to himself of this Nature , as King , but appointed all to be according to the writting of David King of Israel , and according to the writting of Salomon his Son , 2 Chron. 35 : 4. 2. Nor can I call to mind what that Concession is of our Anti-Erastian Divines , that can seem to contro●e this , ( 1. ) It cannot be that Concession , That Magistrates may and should put Ministers to their Duty , in following the Rules and Injunctions , prescribed by Christ , viz. in their Political Way , and by their Political Penalties : For hence it will no way follow , that Ministers receive Instructions from Magistrates , to regulate them in the exercise of their Ministrie ; more than it can be said , that Magistrates receive their Instructions , for regulating them in the exercise of their Civil Function , from Ministers ; because Ministers , in their Ministerial Way , put Magistrates to their Duty , in following the Rules prescribed by God in his Word . ( 2. ) Nor can it be that Concession , That Magistrates may , by their Political and Civil Sanction , confirme and enforce civilly Canons and Rules , Ministerially cleared and concluded by Church-Judicatories : For that is but to presse the Rules of Gods Word to be observed , and is no prescribing of Injunctions ; but an enjoining civilly the Observation of Injunctions , imposed and proposed Ministerially by Church-Judicatories . ( 3. ) Nor can it be that Concession , That the Magistrate is Custos utriusque tabulae , for the Reasons already given ; The Minister also may be said , to be Custos utriusque tabulae , in his way and manner ; and yet none wil hence inferre , that he may give Instructions unto Magistrats , to regulate them in the exercise of their Office. ( 4. ) Nor can it be that Concession , That the Magistrat is Episcopus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , an overseer of things without ; for these external things are properly and formally political things , belonging to the Civil Government of the outward man ; among which the function of the Ministrie , as such , cannot be reckoned ; this being purely Ecclesiastick , and properly belonging to the Spiritual Kingdome of Christ. ( 5. ) Nor can it be that Concession . That the Magistrate may limite and confine the Person of a Minister , whereby , per accident , there is a confinement laid upon the further extension of the exercise of his Ministrie : for every body seeth , that this is properly a confinement of the Person , and but consequently of the exercise of the Ministrie ; and no man will say , that is Orthodox , that the Magistrate hath the same Power over the Office of the Ministrie , that he hath over the Person of the Minister . 3. Some such thing may , I grant , be gathered , with some probability , from that Assertion of Vedelius , viz. That Magistrats have an Inspection of the Office of Ministers , as he urgeth it . But he is no Anti-Erastian , but an Erastian Divine : And I suppose no such thing will follow from this Assertion , or the like , as qualified or explained by our Orthodox Divines , who have written against Vedelius , such as Apollonius , Triglandius and Revius : Beside what Walaeus and Voetius have spoken hereunto . 4. I conceive that Assertion was very orthodox and safe ; for these Reasons , ( 1. ) This Power of giving Instructions , for regulating the exerci●e of the Ministrie , would inferre or presuppose , that the Office of the Ministrie , and its exercise are subordinat to the Magistrate in linea recta : For Instructions and Orders or Rules coming from a Superiour ( for from such they must come and not from an Inferiour , not yet from a Co-ordinat Power ) to an Inferiour , say , that the Superiour hath Power to grant a Commission to that Inferiour , be it Court or Person , to Act in that function and sphaere ; and a Power to Limite , Restrict , Enlarge or Qualifie the exercise of that function , as he seeth good : But none of our Orthodox Anti-Erastian Divines grant a Subordination , but assert a Collaterality . ( 2. ) No Orthodox Anti-Erastian Divine will say , that Ministers , as such , are so subordinant unto the Supreme Magistrat , as other inferiour Magistrates are . But if the Supream Magistrat might give Instructions to Ministers , and prescribe Rules to regulat them in the exercise of their Ministrie ; what difference shall there be , as to this , betwixt Ministers , as such , and inferiour Magistrates ? Can the Supream Magistrate do more , as to the regulating of the Magistratical function , in inferiour Magistrates , than Limite them , Restrict them , Qualifie them by such and such Instructions ? and what less shall now hereby be granted to him , in reference to Ministers , as such ? 5. But now if we speak of Injunctions and Instructions , in particular , the matter will be yet more clear , that that Assertion was truth , and nothing but truth : For either the Instructions are concerning such things , as are at all times necessary to the right exercise of the Ministery ; or concerning alterable circumstances , which only hic & nunc can be called neces●ary : If the former be said , it must be granted , that these are set down to us in the Word ; for all necessaries are there contained ; and if so , the Magistrat either enjoineth these Ministerially , as holding forth the mind of God ; but this cannot be said , for then were he no Magistrat , in that , but a Church-Officer and a Minister : or Magistratically and Autocratorically , as a Civil Magistrate . And then this must either be , in Ecclesiâ reformata & bene instituta , that is , in a well reformed and instituted Church ; or in Ecclesiâ reformanda & confusa ; that is , in a Church wholly confused & needing reformation ; In the former case , Orthodox·Anti-Erastian Divines will say , there ought to be an antecedaneous judgement of the Curch , or of Ministers , who are the only authoritative and authorized Ministerial Interpreters of the Word : And then the Magistrat doth not give the Instructions , but by his Civil Sanction politically inforceth the observation of Gods Instructions , authoritatively and ministerially held forth by the authorized ministerial Interpreters . The latter case is not our case , unless by this Concession we would grant Power and Liberty to any Magistrate , to overturn the best reformed Church that is , to the end he may order all things in it , as he pleaseth ; which was never understood by the Users of this Distinction . If the Instructions respect only the alterable Peristatica : Either Christ hath given Power to his Church , in these cases , to judge , according to the General Rules of the Word ; or not . No reformed Orthodox Anti-Erastian Divine will say not , and if the former be said ( as it must be said ) Then quo jure ? By what Law can the Church be robbed of this Power ? And by what right can the judgement of this matter be committed , in prima inflantia , at the very first , unto the Magistrat ; or rather wholly and solely unto him ? For thus the Ministers are altogether excluded , when it is said , that the Magistrate can give Instructions in these matters : For the granting of this power unto the Magistrate , will necessarily bring the examination and judgment of Ministers , as to the Acts of the exercise of their function , unto the Civil Court , either wholly , or in the first place at least , contrare to the Orthodox Anti-Erastian Doctrine . I think then , that all , who minded honest and plaine dealing , in this day of tryal , and of witnessing to the truth ; and to that truth , that so neerly conce●ned Christ , as King and Head of the Church , should have consented unto this Assertion , and in plaine termes have told the Councel . That they were to receive no Instructions from the Magistrat , to regulat them in the exercise of their Ministrie . He tels us next , that Some supposed this question was determined , in the Concessions , that were in the Introducto●y part of the paper wherein the Magistrat's power objectively Ecc●esiastical is asserted . Bu● if all those concessions , set down in the Introductory part of the Paper , issued in the clearing of the Magistrates power to be objectively Ecclesiastical , they expressed nothing to weaken the fore-mentioned Clause : For , who will say , that because the Magistrat's power is objectively Ecclesiastical : Therefore he can give Instructions to regulat Ministers , in the exercise of their Ministrie ? It were as good a consequence to say , The Magistrat is keeper of both the Tables of the Law. Ergo he may set down Instructions , Limitations and Rules , shewing when the Law o● God shall oblige as the Law of God , and when not . And to lay , Because he hath the Scriptures for the object of his care : Therefore he may set down Rules how this or that Prophecie , this or that doctrinal Book , or History should be understood and Interpreted . So to say , Because his care reacheth to Doctrine , and he must countenance the preaching of Truth , and discountenance the preaching of Errour . Ergo he may appointe Ministers what to preach , and what not ; and command them to preach of the Seven deadly sinnes , and not of Predestination , as the King said in his Letter to the Archbishop of York And because his power objectively reacheth to the Worship of God : therefore he may do as Ieroboam did . So because Discipline and Government are also the object of his care , therefore he may give Rules and Instructions , how the Chu●ch shall be governed ; that is to say , whether by a Pope , or by Prelates , or by the People , or by Himself and his Under-magistrates . Yea and from this power objectively Ecclesiastical , it may as well be Inferred , that he may regulat Controversies and other debates , handled in Church Assemblies , and prescribe what Arguments pro and what Arguments contra shall be used , what sins shall be so and so Censured , &c. Yea , in a word , we may as well inferre from this objectively Ecclesiastical power , all that is summarily contained , in the Explicatory Act of Supremacy : As that he may give Instructions , to regulat Ministers , in the exercise of their Ministrie . How did this debate issue ? He saith , in end , some made a motion , which , with common consent , so far as could be discerned , was embraced : And what was this ? That the Assertion should be thus qualified , That we would not receive from the Magistrate Instructions , Formally and Intrinsecally Ecclesiastical , to regulat us , &c. Which , in my judgment , was either nothing to the purpose ; or ( which is worse ) was a betraying of the Cause : For either this was understood , in reference to these Rules , which the Councel prescribed in their Act Sept. 2.1672 . or not . If not , what was it to the purpose then in hand ? If it was understood with this reference , then either hereby they meant to justifie and defend their refusing to accept of these Instructions , or to justifie their accepting of them , but not of others . If the former be said , Then ( 1. ) Why was Mr Blair so much condemned , who did but refuse the accepting of these , that had been expressed in the Act , and were then exhibited ? ( 2. ) Why was it not plainly affirmed , that they would not receive these , that the Councel tendered unto them ? ( 3. ) Why was there so much debate in private , about a general Thesis , when the clear assertion of the Hypothesis , would have salved both Credite and Conscience ? If the Assertion was thus qualified , to justifie their accepting of these Rules , then sure , the cause was betrayed : And if they were clear to accept of these Rules , what necessity was there for this general blinde ? If they intended it for a Testimony , was that a fi● season for a Testimonie , when they were resolved to yeeld to all , that was at that time desired , without hinck or scruple ? Further , I suppose it wil be found , that some of these Instructions were indeed formally and intrinsecally Ecclesiastical . And if these were excepted , they should have been particularly mentioned , that all might have been clear ; for in Testimonies we cannot be plaine and clear enough . If they were not clear to embrace these Instructions ; why did they not unanimously agree to tell this in plaine termes ? And if reasons of their refusal had been demanded , ingenuity and plain , dealing had furnished them with reasons sufficient , taken both from the matter of the Rules , the manner of enjoining them , and from the sad consequences of obeying them , beside several other circumstances , not to be despised . When all agreed unto the Assertion thus qualified , and so to the whole Paper that was drawn up , he tels us , there fell out another question , whether that Paper should be made use of , as a Directory , when they should be called to speak , before the Councel , or if it should be subscribed by all , and so given in as their answere , and sense of these Matters ? This was , no doubt , a weighty debate , and such as might have occasioned their breach among themselves : But when the Lord is away , what Light or Counsel can remaine ? Well , what came of this question ? The generality ( he saith ) were indeed for the subscribing of it . Which I confess I would not have been for ; Nor yet for using of it as a Directorie ; for reasons already given . But now the generality being for the subscribing of it , what became of it ? Was it subscribed indeed ? No , saith he ; and thus the Minor part prevailed . But he saith , there were Reasons moving hereunto . And I shall be glade to hear these . The first is , One , who was then withdrawn about some necessary affairs , had declared before , upon reasons ponderous to him , that he was not free in his mind to subscribe any such Paper , at that time . It seemeth strange to me , that the unclearness of one should have proven such an effectual meane to stop the rest , in that , whereabout they had no scruple ; especially when that one did not shew , what his ponderous reasons were . I humbly judge ; the Zeal of God would have determined them another way . But there was good cause for this ; for saith he , They judged it not safe , but prejudicial to the cause , and to unity to break bulk , and Act in a divided way , when all were ready to concurre in the matter , though they differed in the forme and manner : And how inconvenient was it , saith he , that differences about the manner should be seen in publick , when they were one upon the matter ? But what prejudice had come to the cause , if a Testimonie had been given-in to the Councel , unto which all had assented , though it had wanted the subscription of one , who was necessarily absent , when it was subscribed ? Yea , though it had wanted the subscription of one , who was unwilling to subscribe ? In so doing they did not break bulk ; but that one , if ever he had been within the hold , had made the breach , by abandoning his Brethren . Unity and Harmonie is good , I grant ; but I know not , why every man should have a negative voice , in all such matters ; and why nothing should be done by a Company or Society , if but one man dissent . I know no Divine rule for this ; nor will Christian prudence teach it : and I am sure , it is one to an hundered , if ever any thing be done of moment , or hazard , by a company , on these termes . And I much doubt , if , when one onely Person , yea or two are refractory , all the rest of that Society should think themselves exonered in Conscience , to forbear a duty , clearly called for . The forme and manner here was ( I judge ) a material thing ; and who were not clear , as to it , could not be very clear as to the matter . There was another reason of this forbearance , Had they ( saith he 2. ) been free to subscribe Papers , at that time ; yet they could not look on that Paper , as it was hastily and crudely patched up , as beseeming so many Ministers of the Gospel , to give-in to the State ; as their mature and formed thoughts . In thesi I grant , it is good , that no man should subscribe a Paper , with which he is not satisfied ; and I think , it is exception relevant enough against the subscribing of a Paper , called or looking like a Testimony , when it is not plaine nor full enough , even though what is said be otherwise not reproachable . But as to this Paper , I think , this reason of his very strange , when he told us before , that the generality was for subscribing of it , as it was rude , hasty and raw . Whence came this change ? Second thoughts , it seemeth , have taken place . But in soberness , I cannot but think strange , that so many able Ministers of the Gospel could not , after so many dayes debate , give their formed and mature thoughts of a Business , in which every Minister of the Gospel , and Servant of Christ was obliged to be ready alwayes to give , upon less , than a few houres warning , yea at the first demand , an account of his Faith ; especially in this Controversie , wherein all were called to be most clear ; and they especially , who could not but know , that their silence , as to bearing Testimonie to the Truth , at their first receiving the Indulgence , had given such offence : for my part , though I cannot judge of the Paper , having never seen it , and though I see not , how all he saith of it can prove it raw and indigested , considering the account he gave of it before : Yet because of that one clause , he tels me was in it , and universally assented unto , I am as glade it was not subscribed and given-in , as he was ; and upon that account do judge , it was unfit to to be a standing thing ( as he speaketh ) for friends and foes , at home and abroad , to descant upon . Onely I wonder how this Consideration could prevail with them , rather to commit the expressing of the matter unto their chosen Mouth ; seing words spoken are more liable to Mis-constructions , and Mis-representations , and other Mistakes ; than words set down in write ; and it was one to to an hundered if that one Brother , their Mouth , should so happily , in a set discourse , hit upon the very expressions , that were onely accomodat to declare all their mindes ; or if that Brother could have expressed the matter , in more lively , masculine , digested and significant Expressions , why might he not have been at so much paines , as to have set these down in write , and then the Paper , being no more raw and indigested , might have been subscribed and given in ? But the plaine Truth is , litera scripta manet : And it was to be feared , that a written Paper would have provoked the Councel , more than a transient and volant Expression , in a running discourse , buried under an heap of words , and so not fully understood , could have done . Finally , I would tell him , That an honest , well meaning , and plaine Testimonie , though not set off with the paint of Words , and Expressions , having all their amiable cadencies and flowrs of Rhetorick , would go far with honest well meaning Friends , both at home and abroad , and have been very acceptable ; yea and more convincing unto Enemies , whether at home or abroad , whose angrie descanting upon it would have been a further Confirmation of its honesty and validity . There is yet a Third Reason given , which is something long . There being ( saith he ) such a clashing among Ministers and People , some being for an utter refusal of any benfite of the late liberty ; and others being free to make use of it , having given a Testimonie in their Station ; and that Paper relating only to these Instructions , and not to the whole cause , they could not but foresee , that the giving-in of that Paper would have been looked upon , as a Testimonie ; and therefore being so defective , relating only to these Instructions , and not speaking to other cases , it would raise greater debates , and heighten differences ; and this they were confirmed in , when a Brother , coming-in among them , told them expresly , their Testimonie ( as it was called ) was defective , and would do more hurt , than good , except it were fuller : yea certified we were upon good grounds , that if that Paper had been given-in , more tongues and pens would have been awaked , and set on work against it , than now are against the forbearing of it . In which case , albeit I could heartily have wished a full , free general , unanimous Testimonie were given-in ; yet I cannot see , how their prudence can be blamed for forbearing that , which would certainly have ministred fewel to the fire , which is like ( if mercy prevent it no ) to consume this poor Church , and may perhaps burn their fingers , who are so eager to kindle and blow at it . Not to insist nere on enquiring who were those , who were free to make use of that , ( which he calleth Liberty ) having given a Testimony ? And what was that Testimony , and when and in what Station , was it given by such , as were free to make use of it ? Nor on showing how Improbable it was , that such as could not agree on a Paper , relating only to these Instructions , could agree to a more full Paper : I would only say ( 1. ) Matters being so , as he here saith , could they not also foresee , that the Words , uttered by their Mouth , following this Directory , would be also looked upon , as a Testimonie ; and that that Testimonie , relating only to the Instructions , would have been judged defective ; and so occasione new Differences ? ( 2. ) If the Paper was defective ( as very like it was ) why was it not helped ? Why was the matter made worse , by giving-in no Paper at all , but committing the matter to the uncertain Expressions of one of their number ? Could this more prevent the trouble of Tongues and Pens both ? ( 3. ) If he commend their Prudence for not ministering Fewel to the fire , he cannot approve them , for casting in Oyle ; for certainly the Course which they took , did contribute more to the burning fire , than that course could have done , which they did forbear . ( 4. Woe to them , that first kindled that fire , which is like to consume that poor Church ; and to them also , who Administer fewel thereunto ; but let some laboure , as they will , to free themselves of this , It shall , I fear , lye at their doors . But now , when all thoughts of subscribing that Paper were laid aside , what course was taken ? It was resolved ( saith he ) that one should be mouth to the rest , to speak their sense of these Impositions , in case they were to be intimate to them : And that this one was Mr. H. and that he was to hold him to the matter , agreed-on in the Paper . Though I could rather have been satisfied , that a full and faithful Paper , subscribed by all , had been given in , than that this course had been taken ; yet , to wave reports of some circumstances , that then went abroad , I think it was requisite , that they had particularly condescended upon the fit season , when their Mouth should have uttered their mind ; and I cannot be of this Authors mind , who thinketh , that he was not bound to speak in that affaire , until he was called upon by the Councel ; which might have been , for any thing I know , after all and every one of them had been put to speak their own mind , in particular , or say nothing , which the Council could not but take for a compliance . Yet he giveth this reason . That the time not being determined by his Brethren , he was to be ruled by Prudence , which dictated his own being called-upon ( whensoever it might be ) to be Gods opportunity season and call , to speak what he had to say : The thing also it self , and the usual practice in like cases saith , it was the most fit time to speak to the cause , when all had been gone thorow , and then when he had spoken his light in the matter , the Brethren ( as he willed them to do , when they named him ) might adde , diminis● , or alter , as they thought fit . This is a wonderful thing , that one should be appointed to speak the sense of the rest of certaine Impositions , or Injunctions , in case they were intimate ; & yet that prudence should not teach him to speak , when the Intimation was first made : Was not his speech to be in reference to these Impositions ? Was not his speech to be ( at least ) a virtual Protestation , Apologie or Insinuation of Reasons , why they could not in conscience accept of these Impositions ? or an Explication and declaration of the sense , in which they were clear to accept of them ? And if so , doth not Nature & Common sense teach , that the onely season for this had been , when the first offer of these Injunctions was made ; and that it was a manifest loseing of the opportunity , to delay , till after the Instructions had been tendered , & accepted by severals of the Brethren ? did not the accepting of the Paper , containing these Instructions , virtually ( at least ) if not formally say , that they submitted thereunto , and were satisfied therewith ? And then , what could their giving of a sense afterward import ? Neither the thing it self ( as every one knoweth ) nor any ( set be the usual ) practice , in such like cases , saith , that it was the fittest time to speak , when all had been gone thorow . Had he been only to speak his own judgement , in the matter , he might have forborn , until the offer had come to his own door ; but being appointed mouth to the rest , and to speak the sense of all the rest , when these Impositions were offered , his delaying until some , yea till many , had received the Impositions and Rules in write ; was really a crushing of what Testimony was intended by his speaking in their names : And what could the Council judge otherwayes , than that the mouth , that spoke , was not their publick mouth , having been so long silent ; but his own , speaking only when it came to his own turne ? And if what that mouth spoke had been dissatisfying to the Council , and contradictory to their sense and meaning , might they not have judged the silence of such as went before , and had received the Injunctions , a plaine homologating with their Meaning and Intention ? & that their Mouth 's speaking had discovered them not to be all of one minde ? This is concerning what passed among these Brethren , in private , before they compeared , according to the order of the Council . We would know , what was their deportment , when they compeared : And our Info●mer tels us , that when they compeared , the sentence of the Council for not-preaching May 29. was read unto them . After which , we are told , that Mr H. addressing his speech to my L. Chancel . did declare , That his Brethren and he did very cheerfully submit to any out ward prejudice they might sustaine , in following their light , yet humbly desiring that the true state in their case might be remembered by their LL. And that they were brought under that sentence , not upon account of any disloyalty to Authority ; but upon a scruple of conscience , concerning that particular way of expressing it . Of which I shall not now speak ( having spoken to this matter before ) and it doth not concerne our present business : only it is obvious , that more , yea much more , might and should have been said . It is more to our present purpose , to notice what was further said . With all ( saith he ) not knowing , whether these Instructions were to be presented , but rather to obviat them , Mr. H. added another desire , That their LL. would be pleased not to burthen them with Impositions , in the matter of their Ministrie , wherein they were the Servants of Christ , and they being men , who demeaned themselves , as became loyal Subjects . Here is my former remarke confirmed ; for prudence taught , we see , this their Mouth , to speak something to the matter , even though as yet the Impositions were not presented , and offered to them . Moreover , this desire doth import , either that he and the rest were unclear to submit unto Impositions , in the matter of their Ministrie , because of their being the Servants of Christ ; or that , though they looked on these Impositions as burthens , and so wished to be free of the yoke ; yet being imposed they would submit unto them , as to an outward prejudice , which they behooved to sustaine ; as he spoke before in reference to the sentence , read against them . If this later was his meaning , it is past doubt , that the Cause was betrayed , and his mouth stopped from giving that Declaration or Testimonie , in all their names , which he was ordered by them to give . If the former was his meaning , as I am apt to think ; why were the Brethren so offended with what Mr Blair said hereafter ? ( as we shall hear they were ) was it because Mr Blair's words were too too plaine and distinct ? Sure , Christianity will tell us , that Testimonies cannot be plaine enough . Upon this he tels us , they were ( as they thought ) dismissed . But the L Chancel . forthwith called them againe , as they were turning their faces towards the door , and told them , that seing some of their number had said , these Papers viz. the Papers containing the Instructions ) were not given them , the Clerck was to give every one of them a Copie , which accordingly he went about to do . May not every body now think strange , that prudence did not now teach thei● mouth , to express what he had to utter in their names , when all of them were thus spoken to in Common , and particular mention was made of that Paper of Instructions , which before , when no mention was made thereof , he laboured to obviat & prevent the giving of ? When their faces are now againe turned towards the Councel , the Clerk went about to deliver each the paper of Instructions , and we are told that they had been delivered to the one halfe or more of the Brethren , even to all cited out of Clidsdale , Renfrow , and some of Kyll before they came to Mr A. Blair . And our Informer tels us , he beleeveth there were few or none of these behind , that resolved to speak any thing till Mr H. who was not called upon yet , should beginne , ( as they had agreed upon , Mr A. Blair consenting thereto , as well as the rest ) if Mr Blair's speaking had not drawn some of them , who had been spoken to before , and others , as they were called thereto thereafter , to speake somewhat : But all stood still in one body , waiting till it should come to Mr H. who was to be their common Mouth , to speak their mind , and they to homologat , adde , or alter , as they should think fit . This is our Informers relation of the business , and I shall not question the truth thereof , but come and see what he saith of Mr A. Blair and his discourse , which ( as would seem ) broke the intended method and order . As for his Reverend Brother Mr A. Blair's speaking , he saith , as I hope in Charitie , his motive was zeal and forwardness ; so I wish heartily it had been forborn till its season ; for hinc illae Lachrimae ; and the rather I wish he had not first filled the field ; because that lax assertion ( of which before ) of receiving no Instructions from the Magistrate &c. ( albeit it had been limited and qualified by Common consent ; Yet ) he I know not how repeated it to the Chancellour , in terminis , telling , That he would not receive Instructions from them , for regulating him , in the exercise of his Ministrie ; and added this reason , That if he did so be should not be Christs Ambassadour , but theirs . To which I shall only desire to say . That I am of the minde , that as true Zeal and Conscience of duty moved M. A. Blair , to say what he said ; so the same should have moved all of them , to have said the like , or more . And I cannot but think strange , that this Informer thinketh it was not seasonable for Mr Blair to speak , when the trial came to his own door ; and that notwithstanding their Common mouth had been so long silent , and neglected his opportunity : Our Informer told us lately , that it was seasonable for Mr H. to speak , when it came to his turne : and was it not as seasonable for M. B. to speak , when it came to his turne ? As for his calling Mr Blairs Assertion , lax ; I shall passe it , having sufficiently shown above , how consonant it was to truth , and how groundless all the exceptions were , that were taken at it , so far as I could conjecture . And I wish himself had hinted ( at least ) some one ground or other , whereupon he judged it lax . And what difference , I pray , was there upon the matter , betwixt Mr H's requesting , that they might not be burthened with impositions in the matter of their Ministery . And Mr B's saying , that he would not receive Instructions from them , for regulating him in the exercise of his Ministrie . Mr H's expressions wanted the limitation , that they had all agreed upon , to wit , formally and intrinsecally Ecclesiastical , as well as Mr B's ; and no man will say , that the word , Impositions , do more import Instructions formally and intrinsecally Ecclesiastical , than the word , Instructions : Nor is there any such difference betwixt these words , in the exercise of the Ministery , which were Mr B's words ; and these words , in the mattter of the Ministrie , which were Mr H's words , as to make the one discourse Lax , and the other acurate . Nay , I am ready to say , that Mr B's Assertion was both more congruous to the truth and to good sense , than the words of the other . And finally , This Informer is not well satisfied with the Reason , which Mr B. added ; and yet the same was insinuat , in Mr H's discourse , in these words , wherein they were the servants of Christ ; for these words did either containe a reason , why their L L. should not burden them with Impositions ; or they sounded forth nothing but non-sense ; as every understanding Reader will see . Yet this reason is made the ground of a great out-cry , for he addeth , which reason , if it do not al 's strongly militate against Ministers receiving of Instructions and Rules ( for the prescriptions in that Paper go by these names ) from Church-judicatories as well , as from the Civil , and strick equally at the Diatactick power of both , I leave to you to judge ; And then to make all strong , the matter is cast into a Syllogisme , but with this mishap , that it is made up of four termes , contrary to the law of Syllogismes . But this is but trivial . It is more to the purpose to say , that this same absur●ity will follow upon what Mr H. spoke , ( unless he pleaseth rather to let it passe under the notion of Non-sence ) and therefore what ever way he shall think to salve Mr H's credite , wes hall by the same way salve Mr B's . Though this might satisfie : Yet I shall tell him , that it is far worse for him , by his discourse here , to grant unto the Civil Magistrate a Diatactick power , in matters ecclesiastical● , in such an illiminated and unqualified manner , as he doth , when he talks of the Diatactick power of both : for this is a manifest homologating the Supremacy , as lately explained by the Patlia . But for vindication of Mr. B. he would know , that he was speaking only of Instructions coming from Magistrates , acting by their Magistratical and Architectonick power ; and not of all Instructions coming from any what somever beside Christ ; and his reason was against the receiving of Instructions from Magistrates , as such , to regulat him , in the exercise of his Ministerie ; and did not militate against receiving of Instructions from Church judicatories . For clearing of this , and for his instruction , I shall tell him first . What Instructions Ministers or Church-judicatories give , they give them by a Ministerial Power , explaining , applying and authoritativly declaring , what are the Impositions , Rules , and Instructions of Christ ; so that they are but as Heralds and Messengers , Proclaming and declaring , with a Ministerial Authority , the mind of Christ : and therefore the receiving of such is but the receiving of the Instructions and Impositions of Christ , sent and delivered by Christ mediatly by such , as stand in a right line of subordination to Him , as sole Head and King of his Mediatory Kingdom , and act onely as in that relation and subordination . But on the other hand , as Magistrates , as such , are not Ministers of Christ , as Head of his Mediatory Kingdom ; so nor do they act , in giving out Lawes and Instructions , as Christs Heralds and Ministers , ministerially explaining and applying the Rules and Instructions of Christ : Nor do they press these Instructions , as Christ's Instructions , nor in his Name and Authority ; but as in all other things , so here , they act with an Autocratorical and Architecctonick power : So that , when they give Instructions to Ministers , to regulate them in the exercise of their Ministrie , they do it by their Magistraticall and Architectonick power , by which they do all other Magistratical Acts. Hence is it , that such as receive Instructions , to regulate them in the exercise of their Ministrie , from Magistrates , do acknowledge this Magisterial and Architectonick power in Church-matters , to be competent to the Magistrate , as such ; and themselves to be formal Ambassadours and Servants of the Magistrate : for , who receive Instructions from one , acting Magisterially and Architectonically , in Church-matters , do owne themselves as his Servants : which cannot be said of such , as receive Instructions from Church-judicatories , which act but ministerially ; and thereby formally declare , that the Architectonick and Autocratorical power , over Church-matters , agreeth alone to Christ , whose servants they declare themselves to be , in that very act of holding forth these Instructions , as the Instructions of Christ , and that in His name . This is one maine difference . Hence Secondly , Ministers receiving Instructions , for regulating them in the exercise of their Ministrie , from Magistrates , acting like themselves , Magisterially and Architectonically , do ( if not formally , yet at least ) virtually deny Christ to be the only Head and Lawgiver of his Church Acting and Ruling with a supream power : for this Architectonick and Supream power , in the Church , is competent to Christ only ; and he hath substituted none , as his Vicar-general , neither Prince ; not Prelat , Pope nor other : As were easie to evince , if needful : And so there is but one Architectonick Supream Magisterial Power in the Church ; and if this be attributed to the Magistrate , Christ is put from his Right : And so such Ministers , as by receiving Instructions from Magistrates , to regulate them in the exercise of their Ministrie , do attribute this Power to the Magistrate , must of necessity take and have their Commission from Magistrates , and become their Ambassadours , and not Christs ; because by this deed , as they spoile Christ of his Prerogative and Crown , attributing that unto Magistrates , which is proper to Him ; so they acknowledg their Dependance on , and Subordination to Magistrats , and not upon and to Christ. But nothing of this kind can follow upon receiving of Instructions from Church-Judicatories , acting as Christs Servants ; and , in the very way and manner of their Acting , declaring Christ to be the Sole Head and Supream Governour of his Church : For , as the Church-Judicatories act but Ministerially , so the receiver of Instructions from them , can owne no other Power in them ; because they receive these Instructions from them , as authorized of Christ , with power Ministerially to declare his mind and will. And this is a Second Difference , which leadeth me to a Third , which is this , Christ hath never appointed Magistrates , as such , to Act under him , after such a manner , in the regulation of his Church and Mediatory Kingdom ; as he hath appointed Ministers and Church-Judicatories . Now , to receive Instructions from an Usurper , is to acknowledge the power of the Usurper , & a dependance upon him , as his Servant : And therefore , as a King will not owne that man , as his Ambassadour , who taketh his Instructions from an Usurper : So nor can that Man formally look upon himself , as the Kings Ambassadour ; but as the Ambassadour of that Usurper . But when one taketh Instructions from the Councel , acting in subordination to the King , and clearing his mind by vertue of his Commission , impowering them thereunto , he is truely the Kings Ambassadour , though the Council did immediatly give him his Instructions : So a Minister , receiving his Instructions immediatly from Church-Judicatories , is nevertheless the Ambassadour of Christ ; for the Church-Judicatory acteth in subordination to Christ , and only cleareth up his mind , by vertue of his Commission , impowering them thereunto . Thus I have manifested the Invalidity of this Informers Argument ; and withal shown that Mr. B. had good ground to say what he said , and to reject these Instructions , upon that very ground , that if he had accepted of them , he should have acknowledged himself not Christs , but their Ambassadour ; and withal have shown , that the Indulged Ministers , in receiving these Instructions , have declared themselves not to be the Servants & Ambassadours of Christ , but of the Magistrates ; & therefore can be owned as no other . Our informer tels us , in the next place , That there were some speeches , betwixt My L. Chanc. and Mr B● . and that Mr B. did not deny that the Council might confine him , when the Chanc. asked that at him . And this being one of the Rules , our Informer supposeth , that hereby he overturned his own universal negative . Wherein he is no less mistaken , than he was in his last reasoning ; for though it be true , that the Council did confine them to these places , ( which , among other things , as then circumstantiat , might have moved them to have refused that Indulgence , they being thereby declared no more free Subjects , and unworthie of the Common Privilege of all Free Subjects ; and so actually under the Scandal of Disloyal and Censured Persons , which , as it was a Reproach to the Ministrie ; so it could not but expose them to Contempt , and make their Office vile , in the eyes of the World , and their paines fruitless , when their Ministrie was made contemptible : And if there was some further Designe in this obvious , it was so much the more worthie of their Consideration . ) Yet it is as true , that this Confinement was properly and directly of their Persons ; and cannot , in any propriety of speech , be called a regulating of them in the exercise of the Ministrie . The Ministers Body and his Ministrie is not one and the same thing . It is true , by confineing of the Minister to such a particular place , the exercise of the Ministrie is consequently confined : But hence it will no more follow , that the Magistrate may give Injunctions , to regulat Ministers in the exercise of their Ministrie ; than it will follow , that he may depose a Minister from his Ministrie , because , when he condemneth him to death , and accordingly causeth the Sentence to be execute , or keepeth him in closs and perpetual prison , he doth consequentially put him from the exercise of his Ministrie . Yet he cannot but know , that this Consequence is naught , and that a Physical restraint and a Moral Restraint or Limitation much differ . When Mr B. upon this honest Testimonie and Declaration , was committed to a Macer to be carried to prison , the Informer tels us . That the Brethren , being surprized , with his speaking unexpectedly ( besides the Common agreement ) and with the Asser●ion that dropped from him and affected with the Apprehension of the Issue , began to be much Afflicted in their Spirits But why were they not also surprized with Mr H's speaking unexpectedly , besides the Common agreement ; for the Common agreement was not , that he should say any thing in reference to the Instructions , before the Councel had made any motion there about ? And why were they not also surprized with the Assertion that dropped from him , seing , as is shown , it was the same upon the matter , with what Mr. B. said , unless we think he meant it in a most corrupt sense ? After this he tels us , that upon Mr B. his commitment to the Macer one Minister told My L. Chanc. that he beleeved diverse Ministers of that Company were , upon the matter of Mr B's judgment , whereof himself was one : And another declared , that one of these Rules did bring Ministers into direct Subjection to Prelacie , contrary to their Principles . Whereby I see , that the Consternation and Affliction of Spirit , was not so universal , as he did just now hinte : and that all were not of a Contrary judgment to Mr B. and that the agreement to the forementioned limited Clause , was not so unanimous and cordial , as he would have made us beleeve : But passing these smaller matters , let us hear what followed . He addeth , Mr H. also , though his time was not come to speak , yet stepped in with them , to see what he could do to remove mistakes . Whereby I see , that even he was at length forced to transgress the Rules of Prudence , and to anticipate even God's Opportunity , Season and Call ( as this Informer supposeth ; ) and to crosse the Usual Practice in all such like cases , that is , to speak before his own turn came . I suppose , if Mr H. had spoken what he was obliged to speak , in Gods true Season and Opportunity , that is , when the first motion was made of delivering to them these Rules , he had prevented much of this mistake , and also Mr B's suffering . What were these mistakes , that Mr H. stepped now in , before the time , to remove ? Were they betwixt his Brethren ? Or betwixt the Councel and such of his B●ethren , as spoke ? And what were these mistakes ? Whatever and betwixt whomsoever they were , if he stepped-in to remove them , that which he said must be looked upon , as having a tendency to the removing of these mistakes ; and therefore we must suppose , that his Discourse tended either to rectifie Mr B. and such as were of his judgment , or to rectifie the Council , tha● had committed Mr B. to the Macer . If the Former , then in his judgment , Mr. B. and the rest , were not to be owned and approved in what they said , being in a mistake : If the Latter , his discourse should have tended to have vindicated Mr B. and to have shown the iniquity of what the Council had done : But it may be , it was of a mixed Nature , tending partly to Approve , and partly to Condemne both . Let us heare what it was he said . Our Informer tels us , He spoke according to the tenor of the Paper agreed upon , to this purpose , He humbly desired their L L. not to misunderstand his Brother Mr A. B ▪ for as for Rules intrinsecally Ecclesiasticall ( the other terme Formally was forgotten , through occasion of the present jumble , as our Informer supposeth ) For regulating Ministers in the exercise of their Ministrie ; he hoped their L L. Intended not to make and impose any such upon them , who were the Servants of Christ , in these matters . But for the Magistrates Power objectivly Ecclesiastical whereby they might judge of Matters of Religion , in order to their own Act , whether they would approve or discountenance such a way , he knew no Reformed Divine , that did deny it unto them . And judging that was his Brothers ( i. e. Mr Blair's ) sense , in what he spoke , did againe desire , he might not be mistaken . Now if we look on these Words , as they are here set down , we must take them either as an Apologie for , or as a Defence of Mr B. or as Explicatory of his Assertion ; and what way soever we take them , I cannot but observe their uselesness : For when he speaks of Rules Intrinsecally ( let us add Formally , though that was then omitted ) Ecclesiastical &c. he must mean either the Rules , which were then offered to Mr B. and the rest ; or some other : If some other , then he could not desire their L L. not to misunderstand Mr B. for Mr B. meant and spoke of the Rules , which were tendered unto him , and which he neither could in conscience , nor would accept of : Nor could he then be supposed to be speaking any thing in favours of Mr B. whether by way of Apologie , , Defence , or Explication : If he meant the same Rules , that were then tendered , Then ( 1. ) he must grant , that these were Intrinse●ally and Formally Ecclesiastical ; and so such , as the Magistrat might not make , nor impose upon the Servants of Christ , and that because they were the Servants of Christ , in these matters : And so consequentially , his Words confirme Mr B's Argument , which this Informer ( as we heard lately ) judged most absurd . ( 2. ) if he meaned the same Rules , why was the matter expressed in such general and not obviously intelligible Termes ? Every one doth not understand what the Termes Formally and Intrinsecally meane , in this Business , which is abou● Rules , to regulat Ministers , in the Exercise of their Ministrie . And the mentioning of these Termes , Intrinsecally and Formally , here , would say , that there were other Rules Extrinsecally and Materially Ecclesiastick , which the Magistrates might impose , and they might receive , to regulate them in the exercise of their Ministrie : Now I would gladly know , what these are ? Will the Confinement , or Imprisonment of a Ministers Person , go under that Name ? Or will Rules made , concerning the length of time , which a Minister is to spend , in the exercise of this or that Act of his Ministrie , or the like , be accounted such ? The first is wholly Political , and no more Ecclesiastical , than any other thing , which immediatly concerns a Ministers Person , as his Hat , Books and Cloathes , and the like . The Latter , as they partake more of the Nature of Ecclesiastical Rules , being more formally , and more neerly related unto the exercise of the Ministrie , but yet only in so far , as they belong to publick Actions ; so it is a question , if Magistrates may either solely , or in Prima Instantia , prescribe such Rules unto Ministers . However this being , at best , but dubious , and the other so clearly Political ; and it being ( to me at least ) very uncertaine , what Rules these are , which may be called Externally and Materially Ecclesiastical &c. I could have wished , that some Instances hereof had been given ; that so not only , it might have been known , what Rules were not Formally and Intrinsecally Ecclesiastick ; but also it might have been better understood , what Ecclesiastical Rules were Formally and Intrinsecally such . ( 2. ) The other part of the discourse , concerning the Magistrats power objectively Ecclesiastical , is as useless for any thing I can perceive , either for clearing of Mr B. or of his discourse : for . ( 1. ) There was nothing in Mr B's discourse , giving the least hint of his denying that power to the Magistrate , which all Orthodox Anti-Erastian Divines grant ; For the denying to the Magistrate a power of giving Instructions , for regulating of Ministers , in the exercise of their Ministrie , hath no affinitie with this ; as all know , who know any thing of these Controversies . Nor ( 2. ) doth this piece of the discourse , in any manner of way clear , in what sense Magistrates may give Instructions to Ministers , to regulate them in the exercise of their Ministrie , and Ministers may receive them ; and in what sense not . These two questions are so far distinct , that I cannot imagine to what purpose this discourse was brought in ; or what it was that gave the least occasion thereunto . But as to this maine Business , I would further enquire , whether the Brethren do judge , the matter of giving these Instructions , about which the debate did arise , did belong to the first part of the discourse ; and so to be Intrinsecally & Formally Ecclesiastical ; or to the later part ; and so belong to that power of the Magistrate , which is Objectively Ecclesiastical , whereby they judge of the matters of Religion , in order to their own Act , whether they will Approve , or Discountenance such a way ? This question must be judged necessary , unless that whole discourse be accounted Unnecessary and Impertinent . If the former be said , then why was any troubled at Mr B 's refusing to receive these Instructions ? Why were not those condemned , who had received them ? Why did not such as had received them cast them back againe ? How came it that all of them did not unanimously agree in this Testimonie ? Or how came it , that their Common Mouth did not speak what was the Common opinion of all ? Why was it not more distinctly and in fewer words said , That they could not receive these Instructions , as being Rules Intrinsecally and Formally Ecclesiastical , regulating them , who were the servants of Christ , in these matters . If the Latter be said , Then was not only Mr B 's both Practice and Discourse condemned ; but the whole cause was basely betrayed ; because under the pretext of the Magistrates power Objectively Ecclesiastical , that which is as Intrinsecally and Formally Ecclesiastical , as many other , at least , are , was granted to the Magistrate . Will the Magistrat's power to act as a Man , and not as a Brute , in his Magistratical work , about an Ecclesiastical Object ; that is , his power to judge by the judgment of discretion , which is Common to all the members of the Church , yea , to all men , as Men ; which Papists deny unto Magistrates , allowing them only to see with the Churches eyes , but Protestants grant unto them : Will , I say , this power warrand him , to give Instructions , and set down Rules , for regulating the exercise of the Ministrie ? Yea , or will his Authoritative Judgment , in matters of Religion ; that is , his sentence of Approving or not Approving ; of Tolerating , or not Tolerating in his Dominions ; of Countenancing or not Countenancing by his civil Lawes , such a Way or Profession of Religion , warrand him also to set Rules to the very exercise of the Ministrie ? By what argument shall this consequence be proved ; seing ( 1. ) In the one case , he judgeth of Religion , only in order to his own Act ; but when he prescribeth Instructions , Rules and Orders , he judgeth of Religion , or of that part of Religion , concerning which the Instructions are , in order to it self , and the Intrinsick manner of its Administration ( 2. ) In the one , his judgment is purely Political and Civil , in the other case it is really Ecclesiastical . ( 3 ) In the one case , his judgment is Objectively onely to be called or accounted Ecclesiastical ; but in the other , it is Formally & Elecitely Ecclesiastical . ( 4. ) In the one case , he acteth as a Magistrate , considering the outward Good , Quiet and Advantage of the Commonwealth ; In the other , he acteth as a Church-Officer or Head , considering the Intrinsick Nature , & Spiritual Ends of that part of Religion . ( 5. ) In the one , he acteth in subordination to God , as Supream Governour of the World ; but in the other , he acteth , as in a right line of subordination to Christ , the Supream Head and Governour of his Church , and Institutor of all the Administrations and Ordinances , dispensed in the Church , and sole Appointer of the Qualifications of the Officers , and Rules of Administration : Or rather , if he act as a Magistrate , in this last , he Acts by an Architectonical power , and so as an Usurper , or by a power , which is only proper to Christ ; or if he be said to Act ministerially , than also as an Usurper , because never impowered thereunto by Christ , the Supream King , and Head of the Church . If we look upon this discourse of Mr. H. as a Testimonie , ( and so it may be it was intended ) or as a Declaration of the Judgement of the Ministers , concerning the Magistrat's jus , or Right , to impose Instructions or Rules on Ministers , for regulating them , in the exercise of their Ministrie ; and concerning Ministers their call and warrant to receive or refuse such Instructions ; I cannot but observe ( 1. ) That it is very defective and short of a faire and full Testimonie , against the Practice of such , who were known to have invaded the Rights of the Church ; yea and the Prerogatives of Christ , as sole Head and King of his Church ; and , in prosecution of this designe of invading the same more , to have devised this medium of the Indulgence ( 2. ) That it is not a plaine and full Testimonie against the present Act of Usurpation , whereby a power was assumed to judge in matters Ecclesiastical , Intrinsecally and Formally such ; Yea , and to performe Elicite and Formal Church-Acts , either Ministerially , as Ministers of Christ , clothed with Ministerial Church-power from him , which cannot be Instructed , nor doth it compete to a Magistrat , acting as such ; or rather Magisterially , as Supream Governours in the Church , and Appointers of Qualifications , Rules , and Manner of Administration of Spiritual Institutions . ( 3. ) That it was not a full and plaine Vindication of the Doctrine of the Church of Scotland ; Nor an Assertion thereof , according to former Vowes , Covenants and Solemne Engagments . 4. That it was not candide and ingenuous , nor pertinent to the purpose in hand , as it should have been , by holding forth the Iniquity of such Impositions . ( 5. ) That it was conceived in such General and Scholastick termes , that neither they , to whom it was spoken , could well understand what was the drift thereof ; nor others conceive what was yeelded , or denied , in the then present case ; yea , did not some of the Council say plainly , they did not understand it ? ( 6. ) That it contained desingenuous Insinuations and unfaire Reflections on honest and worthy Mr A. B. and a tacite Condemning ( at least in part ) of his Plaine and Honest Testimony ; as if it had contained something , either as to the matter , or expression , unjustifiable ; or , at least , liable to exceptions . ( 7. ) That it contained ( at least ) as worded , a designe too obvious of humoring and pleasing the Magistrates , while actually stated in , and prosecuting an opposition to Christs Supremacie , and to the Right and Power , granted to the Church-Office-Bearers . ( 8. ) That as it speaketh not home to the point ; so it is not clear in it self ; opposing unto Giving and Imposing of Rules , Intrinsecally and Formally Ecclesiastical , a power only Objectively Ecclesiastical , whereby the Magistrate judgeth of the matters of Religion , in order to his own Act of approving or disapproving of such a way ; and nothing else : And so either accounting all things to be Rules Intrinsecally and Formally Ecclesiastical , which is not a meer judging in order to the Magistrates own Act ; or , on the other hand , accounting all things , in and about Religion , to belong to that power , which is Objectively only Ecclesiastical , and so to be no less competent to the Magistrate , than is that Judgment of discretion , whereby he judgeth , in reference to his own act of Countenancing or Discountenancing such a way , which are not real prescribing of Rules , Intrinsecally and Formally Ecclesiastical : And thus either giving the Magistrate too little , or else too much . He tels us of another , that spoke before it came to Mr H's turn ; and that this Person told , He could not receive Ecclesiastical Canones from their L L. but as for civil significations of their pleasure , under the hazard of civil penalties , he could say nothing to that ; & that another did homologate this speech . But under favoure , this is secundum artem violatilizare densa & densare volatilia ; a pretty whim wham good for nothing . On a serious solid zealous Minister should have been ashamed , to have substitute such Whity Whaties , in the place of a plain Testimony , clearly called for in the case . But these two Persons not onely brake their own Order , and might have occasioned some Consternation to the rest , as well as Mr B 's speaking did , but also spoke indeed nothing to the purpose ; and might as well have been silent , For ( 1. ) By this Distinction ( little better than a mental reservation ) they might have scrupled at nothing , that theMagistrate might attempt to prescribe , in Church-Matters ; no , nor at his giving Rules Intrinsecally and Formally Ecclesiastical ; for these might also passe under the Notion of Civil Significations of their pleasure &c. and thus contradict Mr H. their Common Mouth , and the Paper also , to which they had unanimously agreed : For , can they say , that the Magistrate giveth , or can give a Civll Signification of his will , onely when he judgeth in order to his own Act of Approving or Disapproving such a way : and so exerteth that Power of his , which is only Objectivly Ecclesiastical ; and not also in many other Acts , meerly Ecclesiastical , even Formally and Intrinsecally ? Or can they say , that all the Intrinsecalness and Formality , in Matters Ecclesiastical , consisteth in their being done by Church-Officers , acting in a Church-Judicatory ; and that ●here is no Act , which in it self can be called Intrinsecally and Formally Ecclesiastical ; but that the sole ground of that Denomination , is their being performed by Men , in Church-office ; and so the very Act of Preaching and of Administrating of Sacraments , might be done by the Magistrate , as Civil Significations of his pleasure , being not Intrinsecally and Formally Ecclesiastick , but when done by Church-O●ficers : And thus all the Ecclesiastickness of Actions , which are Intrinsecally and Formally such , floweth from , and dependeth upon the Ecclesiasticalness of the Agents . Whence it will follow , that all , which such Ecclesiastical Persons do , must be Intrinsecally and Formally Ecclesiastick ; and so their judging Civil matters , condemning Malefactors &c. ( not to speak of other actions ) should be actions Formally and Intrinsecally Ecclesiastical , Ergo it is competent only to Church-Officers . And on the contrary , this should be a good Argument . This man is an Ecclesiastick Person ; therefore the Action , which he doth , must be Formally and Intrinsecally Ecclesiastick . And , as by this meanes , there should be no Cause , or Action , Formally and Intrinsecally Ecclesiastical , in it self ; so there should be no Cause , or Action , Intrinsecally and Formally Civil in it self , but that onely which is done by the Civil Magistrate : And this consequence were good ; This is done by a Civil Magistrate . Ergo it is Formally and Intrinsecally Civil ; and this should be a bad consequence , This is an action Formally and Intrinsecally Civil Ergo it is to be done by the Civil Magistrate onely ( 2. ) This answere of these two Brethren must either Homologate what Mr H. said ; or be dissonant therefrom : If Dissonant , then they did not keep to the Paper , which they had owned , as Mr H. did Then also Mr H. in his discourse spoke not truth ; for I suppose , these two will think , they spoke right ; and then either the Paper , that was agreed on , was not right , or Mr H. spoke not according to it ; for I also suppose , that these two will say , they spoke nothing disagreeing with their Paper . If their answere did Homologate Mr. H's discourse , then what necessitie was there for it : And why used they other expressions , if they had a mind to speak : And it would seem , that all that Mr H. said , was this and no more : Mr B. and we must be excused , if we look not upon the Council as a Church-Judicatory , making Ecclesiastical Canons ; but only as a Civil Court , emitting Civil significations of their pleasure , under the hazard of Civil penalties . ( 3. ) This answer seemeth to me a more plaine giving up of the Cause , than all which Mr H. said ; for it is no other in effect , than this ; Let the Magistrates enjoine what they please , we need not scruple , upon the account of any encroachment made upon the Prerogatives of Christ , or Privileges of his Church ; for this distinction will salve all ; Let us receive all , not as Ecclesiastical Canons , but as Civil significations of their pleasure &c. and so there is no danger , though they should use both a Dogmatick , Critick and Diatactick power , determine Controversies of faith , Appoint Rules of Ordination , Condemne Hereticks , Debarre from the Sacraments , and Admit thereto by their sentence ; judge of Church-members , or determine who should be admitted , as such , and who not : In a word , do all which Church-Judicatories do . This distinction will make all go down . ( 4. ) By parity of Reason , if these Brethren were before a Church-Judicatory , medling with all Civil affairs , determining Civil pleas , giving-out civil Injunctions , Lawes and Rules &c. they might and ought as willingly submit , and salve all with this distinction , saying . We cannot receive Civil Lawes from you , but as for Ecclesiastical significa●ions of your pleasure , under hazard of Church-censures , we can say nothing to that : And thus they would sweetly comply with all the Invasions made upon and Usurpations of the Civil power , whereof the Popes Conclave , and other Popish and Prelatical Courts , are justly accounted guilty , without scruple . Now at length , it came to Mr H's turn , who , as our Informer saith , received not these Instructions publickly , as having seen them before : Let us hear what he said . He tels us , that he resumed what he had said formerly , concerning a Formal Ecclesiastical Power , which could not be allowed to the Magistrat ; and a Power Objectivly Ecclesiastical , which was allowed to him : Intimating with all , that the Brethren would either observe , or not observe their Directions , according as they judged of them , in their Consciences , upon their peril . On what was here resumed , I have given mine Observations before , and shall onely adde . That this Formal Ecclesiastick Power must pointe forth a Power in it self such , and therefore so called ; and not so denominated meerly because it is exerted by Church-men ; as the two Brethren fore mentioned hinted in their Answer and Distinction ; otherwise his Distinction should have run thus , betwixt a Power Subjectivly Ecclesiastical , and Objectivly Ecclesiastical . But this would confound all Causes and all Power ; and would bring all Civil Causes objectivly under the Power of the Church ; and all Church-Causes objectivly under the Power of the Magistrate : Yea and make all Things and Actions , done by the Civil Magistrate , though otherwise but Objectivly Ecclesiastical , to be Formally Civil ; and on the other hand , make all Actions , done by Church-men , though otherwise but Objectivly Civil , to be Formally Ecclesiastick . As to the Latter Part of this speech , I judge the same might have been said , had been before the Church-Judicatory , receiving the same , or the like Instructions . And was this all ? Was there no more requisite in this case ? Is it all one thing , at whose hands Ministers receive Directions , Rules , Restrictions and Injunctions , or the like , to regulate them , in the exercise of their Ministrie , whether at the hands of the Pope , of a Prelate , of the Magistrate , or of a Church-Judicatorie , providing they be such , as may be observed , or otherwise to take their hazard ? I suppose , our Fore-fathers would have said something else : And , I trow , Civil Magistrates , if called before the Prelates Courts , to receive Injunctions or Rules , to regulate them , in the exercise of their Office , would say some other thing , than that they would observe , or not observe these Directions , according as they judged of them in their Consciences , upon their peril . And if they would have stood to their Rights , as is to be supposed , the greater fault it is for Ministers , to quite the Rights of the Church so easily , wherein the Glory of their Master doth so much consist . Yea moreover , this superadded Insinuation makes me suspect the fore-mentioned Distinction the more : For had that Distinction been honestly proposed and intended , this superadded clause had been utterly needless . Upon this ( as we are told by our Informer ) followed my L. Chanc. Answer , which was this , That the King gave them these Instructions by his Council , and if they did not observe them , the Council would punish them . By which we see , that these Instructions were gi●●● by an Autocratorick power , by the Magistrate , as such ; and consequently being in Church-matters , Intrinsecally and Formally such , by an Usurped power . We see next , that the commanding of the observation of these Instructions , cometh from the Magistrate in prima Instantia , and so are not Civil Sanctions , and Confirmations of Injunctions , ministerially proposed by Church-Officers , upon both which grounds , I conceive Mr H. had a faire occasion to have vindicated both the Prerogatives of Christ , the sole Head of the Church , and the Privileges of the Church , bestowed on her by Christ , her King and Lord : Yet we finde , that all the reply , which he made , was this . That for the matter of Civil punishments , they had never denied the Magistrates right in them : And that he took notice from that Answere , that their L L. acted in a Civil way , onely competent to them , in their dealing with Ministers , which they could not decline ; hoping their L L. designed not to stretch their power beyond their Civil line , Which reply , in my judgment , was neither Pertinent , nor Sufficient : Not Pertinent , because the question was never moved , concerning Magistrates executing civil punishments , but concerning their power of Imposing Injunctions and Rules , to regulate Ministers , in the exercise of their Ministrie , which the L. Chanc. owned and avouched in his Answere , little regarding Mr H's distinction , betwixt a Formally Ecclesiastick power , and power Objectively Ecclesiastical . Not Sufficient ; because the maine business was unhandsomly waved . Nay , moreover , this Reply was an yeelding of the whole cause , and a granting that Magistrates might meddle with any Church power , and enjoyne what they pleased , providing they punished only civilly such ; as transgressed . Hence they might ordaine a Minister , and command him to preach to such a people , that would not call him , and depose another , and discharge him to preach any more , as a Minister or Administer Sacraments , under a Civil penalty . So under a Civil penalty they might prescribe the matter of preachings , decide Controversies of Faith , and appeals in Church-maters , &c. Yea , in a word , meddle with the most Intrinsick and Formal Church-matters . Finally , I do not see what ground my L. Chanc. gave , yea or occasion to make this Reply ; for though his L. said , the Council would punish , yet the said not , the Council would punish civilly onely : No , his expression might comprehend Ecclesiastical Punishments also , conforme to the power granted to them by the Kings Letter . After a great deal of Discourse , spent upon personal reflections ; and vindications , with which the cause is not much concerned , and therefore the less to be noticed by me , our Informer cometh in end to vindicat Mr H's speech , which , as it would appear , had given no small offence , and he tels us , that in it we may perceive , an Assertion of an Ecclesiastical power to make Rules for regulating Ministers , which was not yeelded to the Magistrate ; with a concession of his power Objectively Ecclesiastical : And a declaration of their receiving Papers of them under that notion did not oblige them to observe these directions ; but they were to act therein upon their peril . We heard indeed of Rules Intrinsecally ( and afterward ) Formally Ecclesiastical , for regulating Ministers in the exercise of their Ministrie , which he hoped their L L. did not intend to make or impose upon them , who were the Servants of Christ. But we heard of no Assumption . That such were the Rules , contained in the Paper , tendered unto them : Nor of a Conclusion . That therefore they could not , they might not in conscience , accept of them . We heard of a Concession also of the Magistrats power objectively Ecclesiastical : But we could not understand , to what purpose it was adduced , unless for justifying of the Magistrates , in giving those Injunctions , and themselves in receiving of them . Nay , I perceive here , our Informer asserteth , that which I was but suspecting formerly , and durst not positively affirme , viz. That they looked upon these Instructions , as flowing from the Magistrat's Power Objectively Ecclesiastical ; For nothing else can be Imported in these words , And a declaration of their receiving Papers , under that notion . Now , what can this notion be , under which they received these Papers , but the Magistrat's power Objectively Ecclesiastical ? And what may hence be gathered , we shall hear anone . We heard lately , that Mr H. did intimate , that the Brethren would either observe , or not observe their Directions , according as they judged of them in their Consciences , upon their peril : But that he declared that the receiving of these Papers did not oblige them to observe these Directions , I did not hear till now . However , since this Informer saith , that this was Mr H. declaration , I profess , it seemeth strange to me , that he should have spoken so ; for the publick & Judicial receiving , even at the bar , of such Instructions , was a solemne declaration of their present purpose and willingness to obey these Injunctions , there being no exception made against any of them in particular ; nor no desire expressed of a liberty to be granted , to consider and examine them . And sure , if they had suspected the irrelevancie or unlawfulness of any of them upon the matter , Ingenuity and Conscience would have said , that so much should have been exprest ; and that the Paper , ( if so be they would not refuse to accept of it ) should have been accepted , with that clause of exception ; or rather rejected , until they were assured , it contained nothing but what was lawful upon the matter : For to accept a Paper , containing Instructions ; and to say withal , they would obey , or not obey them , as they thought good , on their perril , was neither to act with an Ingenuity , becoming Christians ; nor with an Zeal , becoming Ministers , nor with that Respect due to Magistrats from them , both as Christians , and as Ministers ; nor with that Care and Circumspection requisite for avoiding of scandal , and especially at such a time , when the eyes of many were upon them , both of friends and of foes . And if any say , That that Declaration was a sufficient Protestation , I crave leave to adde , that it was a Protestation annulled by their deed , Protestatio contraria facto . How much better then had it been , to have forborne that deed , which bad in it , at least , an appearance of evil ; and to have dealt faithfully with the Council ; and told , That they could not obey these Instructions ; and therefore behoved to be excused from receiving of them . But I confess , when that great matter was so lightly passed over , I meane , the Power , making and imposing these Instructions , it is to me little wonder , that this was swallowed down also . Our Informer tels us next , that in all this discourse of Mr H's he cannot see such Heterodoxie and Noveltie , as to give occasion to any to say , That he gave to them all , that the Godly Divines give unto the most Godly and reforming Magistrats on earth ; or that Ministers receiving these Papers , on these termes , should warrand honest people to think , that they gave up the right of the Church , with their own hand , to the Civil Magistrate ; or that any Ministers should highly resent their treacherie . But to answere , Though this Informer cannot see such Heterodoxie , or Novelty , as to give occasion to passe that censure on Mr H's discourse ; yet it may be , others shall see ground for that , and for more too . And I shall willingly grant , that what agreeth to Magistrates , as such , agreeth to all Magistrates , good and bad : Yet it may be maintained , that more may be allowed in such Magistrates , as are really minding Reformation , the Glory of God , the good of the Church and all her Rights and Privileges ; than in such , as are open Enemies thereunto ; and are seeking by all meanes to destroy the Church , to rob her of her Rights , Privileges ; and Power , and to enrich themselves with the spoils of Christs Crown . And therefore when Ministers have to do with such Open and A vowed Enemies , they are called to more strick watchfulness and care , lest they do , or say any thing , which may confirme such in their Usurpations , and encourage them to encroach more . And whether this care was used at this time , I leave to all , who are acquainted with what passed about that time , and with what daily is observable , to judge . For my part , if Mr H. did grant to the Magistrat , by vertue of his Power Objectivly Ecclesiastical , a Right or Power to Make and Impose Rules and Injunctions , to regulate Ministers , in the Exercise of their Ministrie , as our Informer lately himself hinted , I think , he hath not onely given to them all , that the Godly Divines , give to the most Godly and reforming Kings : But much more ; except it be that , which was given to Extraordinary and Immediatly Inspired Magistrates , that were Prophets also , and Men of God , such as David and Salomon : Or in a time of Universal Defection and Deformation , which can no other way be remedied . Neither of which can be applied to our case . And further , I wonder how he thinketh , any can judge otherwise , than that , interpretatively at least , the receiving of these Papers , on these termes , was a giving-up of the Right of the Church , with their own hands ; seing it is so clear and manifest , by what we have said . And seing it is so , himself will , I suppose , grant , that every Minister is called highly to resent this treachery . What saith our Informer for Vindication ; But who so will read , saith he , Our Anti-Erastian Writters , will finde that they yeeld to the Magistrate , as Magistrate , ( and consequently to all Magistrates , be what they will , good or bad , though upon his perril , as he shall answere to God for it , if he shall determine wrong ) a Publick Politick Definitive judgment , concerning Matters of Religion , in reference to his own Act about them ; or ( for they diversifie the phrase ) a Power of judging of his own Act , about Spiritual or Religious things , to be observed , or not observed by their Subjects . And to make out this , he citeth some words out of the CXI . Propositions , Propos. 97. where these Words are , As to each member of the Church respectively , so unto the Magistrate belongeth the judgment of such things , both to apprehend and judge of them : For although the Magistrate be not ordained and preferred of God , that he should be a judge of Matters and Causes Spiritual , of which there is a controversie in the Church ; yet he is questionless judge of his own Civil Act about spiritual things ; namely of defending them , in his own Dominions , and of approving or tollerating the same : And if in this business ▪ he judge and determine , according to the Wisdome of the Flesh , and not according to the Wisdome which is from above , he is to render an account thereof , before the Supream Tribunal . But to what purpose is all this waste of Words ? Doth he , or any man think , that we deny to the Magistrate a judgment of his own Civil Act ; or that we suppose , that Mr H. and others have betrayed the Cause , because they granted to the Magistrate a Power Objectively Ecclesiastical , so far , as to judge thus of his own Civil Act of Tolerating such a way within his Dominions ? No , that is not the ground we go upon . But this we say , that if Mr H. or others , do inferre from this power of judging , in reference to his own Act competent to the Magistrate , that the Magistrate , may Impose Rules and Injunctions , to regulat Ministers in the exercise of their Ministrie ; then they have betrayed the Cause : And either they must inferre this therefrom , or they speak nothing to the purpose : And himself lately told us , as much as all this . Now let him , or any man show me , where any Anti-Erastian Divine reasoneth thus , or draweth such an Inference , from this Power Objectively Ecclesiastical . Yea I much questione , if Vedelius or Maccovius his Collegue , did ever so argue . And sure I am , the Author of the CXI . Propositions Propos. 45. &c. cleareth up that Difference betwixt these two Powers , which is taken from the Object and Matter about which . And Prop. 54. he showeth , that those things , wherein the Ecclesiastical Power is exercised , are preaching of the Word &c. And Prop. 55. That though the Civil Magistrate is occupied about the same things ; yet it is but so far , as concerneth the outward disposing of Divine things , in this or that Dominion . Nay . I must say , that I cannot see , how this will follow , That Magistrates may prescribe such Rules unto Ministers , to regulate them in the exercise of their Ministrie , because of a Power granted to them , to judge of their own Civil Act , about spiritual things ; more than that every Church-Member may do the like ; for in that Prop. as the Words cited do clear , the Author giveth that same Power to every Member of the Church respectively , and how can it be denied to them , or to any rational man ? Nay , let me say more . Have not Ministers , and every private man , this power of judging of his own Act about things Civil ; and in this respect also an Objectivly Civil Power ? Will it therefore follow , that they can prescribe Rules , to regulate Magistrats in the exercise of their functio● ? And if a Magistrat should come to the Prelates , or Pop's Bar , and take a Paper from him , containing such Instructions , and give this onely as his Apologie , that he acknowledged a Power Objectivly Civil , competent unto the Pope or Prelate ? because they had power to judge of their own acts about civil things ; would not others have cause to judge , that that Magistrate had denied the Co-ordination of the Po●ers , & had professed his Subordination as Magistrate to Pope or Prelate ? Now , Verte Tabulas and see how the parallel runneth in our case , and then judge . From the foregoing discourse , and particularly from that cited out of the CXI . Propositions , our Informer , now a Disputer , Inferreth , That he hopeth no man in reason can alledge Mr H's recedeing from the Principles of this Church , in the matter . But for my part , though I will not judge of the Thoughts or Intentions of Mr H. or of any other of his Brethren ; yet considering the work it self , as this Informer hath represented it unto me , in its circumstances , I cannot but say , that in the thing , and as to the Intentio operis , there was a recedeing not onely from the Principles of the Church of Scotland , but also from the Zeal of our former Worthies , who ventured all to transmit the truth , pure from Erastianisme and Caesario-Papal Invasions & Encroachments , And from the strick Obligations , lying on us all , to stand to the Truth , and to the Defence of the Power and Privileges of the Church , against the Usurpation and Encroachments of the Magistrates , seeking alwayes to inhaunce all Church-power into their own hands ; not out of love to promove the Glory of God , and the real good of souls ; but out of a desire to have the Ministrie , and the outward Administrations of grace enslaved unto their wills . Is it not certaine , out of what ground this Indulgence did grow ; and how the Act of Supremacy ( which no Conscientious Minister or Christian can owne or acknowledge , ) as it was occasioned and necessitated by the Indulgence ; so it became the Charter thereof , and gave legal life and being unto all that followed ? And was it not as certaine , that a Designe to procure a Requiem to themselves , in all their Usurpations , and intolerable Invasions of Church-Power , and overturning of ●he whole Work of God ; and withall to make way for the further Enslaving of the Church ▪ and of all Church-Power to their ●usts , did midwife this Bastard-Child into the World ? And could it be uncertaine to rational observing Persons , what was the Designe of King and Councel , in-giving these Instructions , First and Last ? Yea , was not the whole Business so carried on from First to Last , as half an eye might have discovered a wicked Designe therein ? And was not the Explicatory Act of the Supremacie a more than sufficient proof of an Erastian Spirit , that led and acted them , in some things , beyond what the Anti-Christian Spirit could for shame prompt the Pope to arrogate to himself ? And when from these things , and many others such like , yea from the whole Procedour of King Parliament and Council , in their Actings , since this last Revolution began , it is more than sufficiently clear , what they did and do Intend ; will any say , it was not their Duty , while so Providentially called to witness to the Truth , to give a more Plain , Full , Ministerial and Christian Testimony , to the Truth , which our Predecessours maintained , with so much Hazard , Expence of bloud , Loss of Liberty , Tossings , Imprisonments , Confinements , Condemnation to Death and Banishments &c. and which we were so solemnely sworne to stand to ? And will any Ingenuous Christian say , that , all circumstances being considered , the Testimony given was such , as became men standing in the Fields for the Truth of Christ , and engaged in point of Conscience and Christian Valour , Honour and Credi●e , to cover the ground they stood on with their dead Bodies , rather than cede to such a manifest Encroaching and Invading Enemie ? Will any , who readeth the carriage of our valiant and renowned Worthies , in opposing the Encroachments of King Iames , ( who yet never did , nor for shame could arrogate to himself such a transcendently Superlative Supremacie over Church-matters , as now by Act of Parliament is declared to be an Inherent Right of the Crown ) think , that they would have satisfied themselves with such a General , Impertinent , Confused , Indistinct and Defective Testimony to such a Glorious Truth ? Will any , who considereth the Zeal , that ordinarily acted our faithful Progenitours , from the beginning to this late Catastroph , and of our valiant Worthies , who valued this Truth of Christ's Kingship above their lives , think that there was not here a palpable cedeing from that Spirit and Zeal , which moved them to postpone all things , to this chief matter ? And can any say , that this way of vindicating Truth , wherein so much Pusillanimity , Disingenuity , carnal Consultation occasioning Misconceptions and Blindness , appeared , did keep correspondence with our frequently reiterated Vowes and Engagements ? Was it pertinent or seasonable , or could it be satisfying to propose , in such an exigent , a meer Cothurnus ; I meane , that general Assertion of the Magistrates Objectively Ecclesiastical Power , no less ambiguous till fitly explained , than impertinent to the case then in hand ? Nay , let this very Informer tell me , if he think not , that more Plaine , Clear and Full expressions might have been fallen upon , if plaine and home dealing had been Intended ? This I suppose may serve for an Examination of that matter , as this Informer hath declared it unto us . Reasons against the Indulgence . THough by what is said , it may be sufficiently seen , how sinful that Indulgence was upon the Accepters part ( with which we have onely here to do ) as it was conveyed and circumstantiated ; and occasionally we have here and there discovered several particular Evils , wrapped up in it , beside its sinful Rise and destructive Tendencie : All th●t now remaineth to be done , is to draw the several Eviles , comprehended in this complex business , to their own proper Heads , that the Reader may see at one view , what was formerly scattered up and down the foregoing Relation : And , considering what is said , it will not be necessary to insist on particulars ; to touch them in a word will be sufficient . I. How injurious it is to Christ , as Head of the Church . WE shall beginne with this Head of Arguments , and show in how many particulars , injurie was done , by the Indulgence , as accepted , unto our Lord Jesus Christ , the onely Head and King of his Church ; And 1. In that hereby they declared , they did not hold their Ministrie wholly and solely of Jesus Christ : Sure Christ alone , as Head and King of the Church his spiritual Kingdom , did Institute this Office of the Ministrie , and did Impower men unto the exercise thereof : As the Scriptures do prove : And Ministers depend solely upon Him therein , if they renunce not their own place and standing . But we saw above , how the Indulged did plainly and positively refuse to say , that they held their Ministrie of Iesus Christ alone : See what is remarked on Mr H's speech , when the first Ten were Indulged , where ex professo the word alone was left out ; and what is said in Answere to the Informer , who was dissatisfied with Mr Blair . whereby an injurie of a very high Nature was done unto our Lord Jesus , who alone ascended up on high , and led captivity captive , and gave gifts unto men ; even , gave some Apostles , and some Prophets , and some Evangelists , and some Pastors and Teachers , Eph. 4 : v. 8 , 11. It was God alone , that set some in the Church , first Apostles , secundarily Prophets , thirdly Teachers , after that Miracles , &c. 1. Cor. 12 : 28. So that as the office of Apostles , Prophets , Evangelists , &c. were onely from Christ ; so was the office of Pastours or Teachers . Hence they are said to be made Overseers by the Holy Ghost , Act. 20. v. 28. Whoever therefore will not confess , that Ministers hold their Ministrie alone of Christ , do derogat hugely from His glory , and rob him of his Prerogative ; and set these others ( who ever they be ) of whom they hold their Ministery , in part , or in conjunction with Christ , down upon Christ's Throne , and make Christ no sole King , and Head of his Kingdom ; and consequently no sole Prophet or Priest and Mediator . And what an affront this is unto our Lord , let any judge . And if ( as we know ) the clay-Kings of the Earth will think themselves sufficiently dethroned , and unpardonably injured , if any Subject be made partaker with them of their petty Soveraignity , in whole , or in part ; let any consider , how Christ shall take this injurie done to him by his own professed Servants . But some will possibly say , Though this was their fault and great escape ; yet it was but personal , and accidental , as to the Indulgence ; and so cannot not affect the same : Or make it an incroachment upon Christ , of such an high Nature . I answer ; This being spoken at that occasion , when the King and Council were acknowledged thankfully for the granting of the Indulgence , cannot but have a reference unto the Indulgence it self ; and supposing ( as all reason will allow us to do ) that what was said , was spoken with understanding , it must be granted , that they had their eye upon the Indulgence granted ; and so their discourse was to this purpose in effect . We declare , that we hold not our Ministrie of Christ alone , but of Christ and of the Magistrate ; and therefore do accept of this Indulgence , without scruple , Whence also it is manifest , that they looked upon the Indulgence , as a consequent of their holding of the ministrie partly of the Magistrate . And whether the Magistrate did intend the granting of the Indulgence , as a declaration of their accounting Ministers to hold their Ministrie partly of them , or not ; yet the accepting of the Indulgence thus , was a plaine declaration , on the accepters part , that they held their Ministrie partly of the Magistrate , and not solely of Christ ; And consequently that they owned not Christ , as sole Head of the Kirk . Further , This discourse of theirs , so worded purposely and deliberatly , saith , that if they had not beleeved , that they held their Ministrie not of Christ alone , but of others also , they could not have accepted of the Indulgence . If any should yet say , That though this might be said of the Indulgence , according as it was understood by the Accepters ; yet it will not follow , that the Indulgence it self is chargable with this . I answer yet hereby it is granted , that the Accepters are chargable with high Treason against the King of Kings , our Lord Jesus Christ : And as for the Indulgence it self , we may safely construe of it , according to the sense both of the Granters and of the Receivers : And by what followeth , its nature will be more fully discovered . If it be said , That the most that can be inferred from that expression of the Accepters , at that time , is , that as to the Exercise ( which is distinct from the Office of the Ministrie it self ) they did depend on others , than Christ , I Answere , No mention was made of the Exercise , but of the Ministrie it self . And even as to this , there was no small injurie done to Jesus Christ ; and this leads me to a second thing , here remarkable . 2. By this Indulgence , the Prerogative of Christ , as sole Head of His Church , is further encroached upon , in that the Indulged do hold their Ministrie , as to its Exercise , not of Christ alone , but of the Magistrates , either solely , or in conjunction with Christ. And that this is a wrong to Christ , is manifest , in that it saith , the Office , and the Power to exerce the Office are not from Christ alone . The Office can import nothing , but a ba●e name , if it import not Power to exerce the Office , or do the work peculiar unto such an Office : And if Christ be said to give the Office , but others must give the Power , Authority , and Ius or Right , to exercise the Office , he shall be made a meer Titular King. But he told us some other thing , when he said Matth. 28 ; 18 , 19. All Power is given unto me , in Heaven and in Earth , go ye therefore and Teach all Nations , Baptizing them &c. And when he said Ioh. 20 : 21 , 23. — As my Father hath sent Me , even so send I You — whose soever sins ye remit , they are remitted unto them &c. See Mark. 16 : 15. — go yee into all the World , and preach the Gospel . The Office was in order to the Exercise : And when he gave the Office , he gave the Power to exercise the same . When Paul was made a Minister , he was sent to open eyes Act. 26 : 16 , 11 , The Ministrie , sure , is a Talent , and who ever get it must trade with it , or expect a sad Sentence . If it be said , That this will take away the Power of Chu●ch-Judicatories , who ministerially , under Christ , both conveyeth the Office and the Power to exercise the same . For Answere , I deny that any such thing will follow : And to clear this , I shall shew a third Injurie done to Christ , by this Indulgence . 3. If it should be said , that by the accepting of this Indulgence , from the Magistrat , they no more prejudge Christ of his Right both to give the Office and Power to exerce the same , than when they take the same as conveyed to them by Church-Officers . I Answer , That the Difference is great , and the Encroachment made on Christs Prerogative by the Indulgence clearly assented to : In that another way of Conveyance of the Ministrie , and of the Power to exercise the same , is here closed with , than Christ , the only King , hath appointed . Christ hath instituted Church-Officers for this end , to convey the Office and Power , which he hath appointed , unto particular Persons . The Holy Ghost said unto Prophets and Teachers , that were at Antioch , separate me Barnabas and Saul . for the work whereunto I have called them Act. 13 : 1.2 . Paul and Barnabas ordained Elders in every Church Act. 14 : 23. Titus was ordered to ordaine Elders in every Church Tit. 1 : 5. Timothie was to commit the things , he had heard of Paul , to faithful men , who shall be able to teach others 2 Tim. 2 : v. 2. The gift was given with the laying on of the hands of the Presbyterie 1 Tim , 4 : 14. But here the Office , or the Exercise thereof is conveyed by the hands of Magistrates . whom Christ never did commit that matter unto . And thus another , yea a quite Opposite , Medium is embraced and followed , than what Christ thought good to make choise of , to his great dishonour and disparagment ; as if he had not been Wise enough to appointe the best meanes ; nor had not Authority enough solely to appoint the meanes and wayes , he thought fit . 4. The wrong done to Christ , by the accepting of this Indulgence , will be hence manifest ( which will also clear up the Difference betwixt what is conveyed from Christ , by his owne Ministers , and what is conveyed by Magistrates . ) That the Office or Exercise of the Ministrie is received from them , who in this deed , do not , neither can Act , in a Ministerial Subordination to Christ , as sole Head and Fountaine of all Church-Power ; so that their interveening betwixt Christ , and those , who receive the Office or its Exercise , as a Medium of Conveyance , saith , that Christ is not sole Head of the Church , and Fountaine of Church-Power . The ground of this is , because Magistrates , as such , do not Act in a direct line of Subordination to Christ , as Mediator , as Church-Officers do : And further , what they do as Magistrates , they do not ( in reference to their Subjects ) with a Ministerial Authoritie , as Church-Officers do ; but with a Magisterial , Imperial , Coactive , Autocratorical and Architectonick Power and Authoritie : And as to the Church , this Magisterial Power belongeth to Christ alone : So that the submiting unto any other Magisterial and Supream Autocratorical Power , in Church-affaires , than what is solely in Christ , is an acknowledging of another Head and Supream Governour in the Church , beside Christ ; and this is a plaine dethroning of Christ , who will either be sole King , or no King. 5. The accepting of this Indulgence containeth another wrong done to Christ , in that thereby , there is an acknowledgment made of the Insufficience of all the Rules , Prescriptions and Instructions granted by Him , for the ordering of the exercise of the Ministrie , and for information unto his Ministers , concerning the way , how they should go about the exercise of that Imployment : For in the Indulgence , there were with all first and last Instructions given , how to regulat them , in the exercise of their Ministrie : And so when the Indulgence was embraced , as accompanied with these Instructions , the Power , granting these Instructions , was acknowledged and submitted unto ; and when these Instructions were not holden forth ministerially , as when the like are given by Church Judicatories , but by such , as Act in all things , which they do as Magistrates , by a Magisterial and Autocratorical power , not subordinat unto Christ , as Mediator , in a right line of subordination ; an Autocratorical , Magisterial , and Supream power to make Rules , and to give Instructions to Ministers , to regulate them in the exercise of their Ministerie , is granted to the Magistrate , to the robbing and spoiling of Christ of that sole Supream power , which is due to him , and is a part of his Prerogative Royal. 6. Herein also the Accepters of the Indulgence have done injurie unto Jesus Christ , in that they have taken a new holding of their Ministrie , and of the Exercise thereof ; and so materially have renounced their old holding of Christ immediatly , as King of his Church , and sole Lord of his House ; They have taken a new Commission for the Exercise o● their Ministrie , and a Commission inconsistent with , & not subordinate unto the Commission , they had formerly from Christ. I shall not need to insist on this here , having declared it so fully above , in vindication of M. A Blair's Assertion ; to wit , That if Ministers take Instructions from Magistrats , for regulating them , in the exercise of their Ministrie , they should not be the Ambassadours of Christ. 7. It is a part of the Royal Prerogative of Christ , to appoint the Qualifications of his own Officers : But here the Magistrate doth , by his Magistratical Power , appoint and determine the qualifications , which he will owne as such , in reference , at least , unto the exercise of the Ministrie , and this is not done ministerially ; and consequently in contradiction to the sole power and Prerogative of Christ. The accepters therefore of this Indulgence , granted onely to such , as are so and so qualified , do not onely acknowledge themselves to be so and so qualified ; but do sweetly , in so far , acquiesce unto the Magistrat's Autocratorical determineing of these qualifications ; and unto his assuming a Supreame Nomothetick power , in Church-matters . As for these qualifications , we have seen above , what they are : See our 3. remark upon the Kings Letter . 8. It is also a part of Christ Prerogative Royal , to prescribe and set down the way , how he will have such and such an Officer in Particular , set over such or such a Flock in Particular ; that so the Minister , so fixed to his special work , may have ground to say , that this is the Flock , over which the Holy Ghost hath made me an Overseer . But here in this Indulgence , the matter is so conveyed , as that the Indulged can not with good ground say , the Holy Ghost hath set me over this people , but only , this is the flock over which the King & his Councel have made me the Overseer . But against this it is said , May not the Man , who returneth to his own Congregation , from which he was unjustly thrust away , say this ? And may not he also speak thus , who hath the Cordial Invitation and call of those concerned ? And what shall then be said of them , who preach in the fields ? Answ. 1. If the Minister's returne to his own place were faire and cleanly , and so as the old method and ground were not questioned , or weakened , then he might indeed so speak ; but it is not so here ; for his returning to where he was before , was a meer accidental thing , and his ground is not his former relatione unto that people , but the Order of the Councel , which was of the same nature with the Order given unto others , as we saw above , and so he can only now say ; though this be the flock , over which the Holy Ghost did once make me an Overseer ; yet now I am set over it by the Councils Order . ( 2. ) As for that Cordial Invitation , which some possibly did obtaine , it was no such call , as Christs Law alloweth , it was not the rise & fountaine of those Ministers going to those places ; but a & posteriour meer precatious thing , whereby the Ordinance of Christ was rather prostituted , than followed : It is sufficiently known , that the Councel made the free Election , and not the Parish : And withal , where was the Act of the Presbyterie , giving them Ministerially a Potestative mission ? This belongeth to the Methode , that Christ hath Prescribed ; but here the Council both called , choosed and sent , and so were both the Flocks and the Presbytery . ( 3. ) As for the third Particular , every one may see how impertinent it is ; for this preaching in the Fields , or Houses , is no fixed stated Oversight over a distinct company , as is that of a Minister over a Particular Flock , but a m●er occasional Act , depending upon a Providential call from God , and the cordial entreatie of this Persecuted people ; which is all that is requisite thereunto . 9. There were among these Instructions , given by the Council , several Restrictions and Limitations in and about the administration of Christs Spi●itual Institutions , as of Preaching , of Administration of Baptisme , and of the Lords Supper , as also of Discipline : And these Restrictions and Limitations , not being made by a Ministerial Power , with a Ministerial Authority explaining and applying the General Rules , given by Christ thereanent , as Church Officers , and Church-Judicatories do ; but by the Magistrat , who acteth with a Magistratical Migisterial , and Autocratorical power ; that is , by a power , which in Spiritual matters of the Church ; belongeth to Christ only , who is sole Head and King thereof . The receivers therefore of this Indulgence , thus conveyed , and accompanied with such Limitations & Restrictions in and about the Administration of Christs Ordinances , do contribute their concurrence unto this Invasion . But against this and other Particulars formerly mentioned , taken from the Prescriptions , Rules and Instructions , wherewith this Indulgence was attended , it is said , That in the accepting of this Indulgence there was a simple use making of a favour offered , and no formal engagment unto the prescriptions , which the Magistrat did not expect plainly resting upon the intimation of his own will : For here the Magistrate was not treating and expecting our formal consent or security for performance of what was required ; but did simply appoint and command , as they would be answerable . So that the embracer of the Providential favour giveth no complex consent unto the Prescriptions . I Answere , The favour offered was no favour indeed , as circumstantiated ; nor could there be a simple use making of that supposed favour , which was so attended with imposed Conditions , Instructions and Limitations , without at least a virtual acknowledgment of a Right & Power in the Magistrate , to make and impose such Conditions &c. for howbeit the Council propose the matter by way of Command , as thinking it below them to Act otherwise ; yet both the Nature of the thing , and the concomitant Acts , made of purpose of Restrick , Limite and Qualifie the favour proposed , and to Instruct and Oblige the Receiver , say , that the accepting of the first , is with an engagement to performe the second , both being but one complex thing . Nay the Council ( as we say above ) in their Acts and Proclamations do expressy hold forth the favour to be granted and accepted condition wayes : and Mr A. Blair , for renouncing of the conditions , was deprived of the favour . Who accepteth a favour offered with its burdens , in accepting the one accepteth both , and taketh the favour cum onore , and this cannot be otherwise understood , howbeit the Council did not waite for their express consent unto the Conditions , for their receiving of the favour so offered was sufficient thereunto ; as when a Father granteth such or such a piece of land to his Son , but withal layeth this burden on that favour , that he must pay so much debt , if the Son accept : of the land so clogged , he cannot but take on the debt , though he gave no express consent thereunto before . II. How contrary it is unto Presbyterian Principles . We shall in the next place show , how injurious the accepting of this Indulgence was unto our Presbyterian Principles ; & what wrong was hereby done unto the Church , as to her Privileges , and that Power , which Christ hath granted unto her . 1. It belongeth to the Church , and to Church-Officers , to try and examine the gifts and Qualifications of such , as are to be exercised in the Ministrie , and to declare Ministerially , by explaining and applying of Christ's Rules and Lawes , who are fit and qualified for the work of the Ministrie , and who not : But here the Magistrate declareth what that is , which he looketh upon as a due Qualification , and judgeth who are so qualified , as to be fit for the Ministrie ; and that without the least deference imaginable unto any Church-●udicatorie whatsomever . If it be said , That they Indulged none , but such as were Ministers already , and so were supposed to be sufficiently qualified for that work . I Ans. The Church Officers , or the Presbyterie , are not only to judge of Qualifications , in reference to the Ministrie in general , but also in reference to the Ministrie , in this or that Particular place , where he is to be fixed ; and no Church-Judicatory had this judgment , in the matter of the Indulgence ; but the Council only . And as they Indulged them , so they might have Indulged others , who had not been placed Ministers before , as we see they did Mr Weer , whom they did not account a Minister before , If it be said , That the Qualifications , which were here considered , to wit , peacable and orderly , belong properly to the judgment of the Civil Magistrate , who , as he maketh civil Lawes , so can judge , who observeth or transgresseth the same . I Answ. Not to mentione here the Magistrat's true sense of that peacable and orderly living . I say , though the Magistrate be the proper judge of this peacable and orderly deportment : in order to civil punishment , or exemption therefrom ; yet Church-Judicatories are the only competent judges thereof , in reference to the exercise of the Ministrie : And it was in reference to this exercise of the Ministrie , that these Qualificatio●s were here taken notice of . 2. It belongeth to the Church , or Church-Judicatories , to convey Ministerially the Office and Power unto Persons qualified , and to grant a Potestative Mission , whereby they become authorized to exerce the Ministerial function ; as was seen above . But in the Indulgence , all this was done by the Magistrate immediatly ; the Council sent the Indulged to such and such places , as they thought fit , and they only clothed them with Authority for that effect ; or did all , that Presbyteries do or ought to do , in the like cases . See what was said above upon the Acts of Indulgence granted Iuly 27. 1666. Pag. 21. 3. It is a part of the Power and Privilege of Church-Officers and Church-Judicatories , to loose Ministers relation unto a place , and to Plant and Transplant , to Place Ministers in Particular Charges , and to Transport them to others , as the good of the Church requireth . And this we know was constantly practised by our Presbyteries , Synods and General Assemblies . But here in the Indulgence , all this was practised by the Council , without once consulting any Church-Judicatory whatsomever . They planted and transplanted according to their own pleasure , as we saw above , in several Instances , sending severals from one Church to another , & many from their own Churches unto others . See further our 2 Remark on the Kings Letter . It will not here be said , I suppose , That by the sentence of banishment , their relation to their former Charges was annulled : And though it were said and granted too ( which yet cannot be ) though it would follow that such were not properly transplanted , yet our argument would remaine strong ; for there were others , whom the Councel had Indulged to such and such places , and thereafter transported to other places , as they thought fit . And beside , as to all of them , it was the Council their deed alone , which did constitute them Ministers of such and such places , and so made up that relation : And if they should think , that they are not Formally Ministers of such places ; they could not then say , that they were set as Overseers ove● these places by the Holy Ghost , as possibly they will ; & they should also think themselves free of the burden of that Charge , and of the souls of the people , as not being committed to their Charge ; and the people are not obliged to owne them , as their Ministers ; and then they are called to consider , with what Conscience they can take the Stipend and Benefice , onely allowed by the Law of God to such as take on the cure of souls . And beside , what ever they think ; yet the Council did designe and Formally intend their fixed relation un●o these places , as proper Pastors thereof , for the Patrons were thereunto to be consulted , & their consent to be obtained , which according to the Established Law , is the way of admitting Formally such and such Persons , to be Ministers of such places ; the other Formality of the Bishops Collation being dispensed with , as to its necessity , and only enjoined under a penalty , or they encouraged to seek it , by a farther favour , as to their stipend ; and however , it was ordered , that Intimation should be made to the Bishops and Archbishops , when any Person was Indulged within their Diocies . 4. It is a part of the Power granted unto Church-Judicatories , to make Canons , and prescribe Rules , and to give Injunctions , concerning the Exercise of the Ministery , the Administration of the Ordinances of Christ , and the like ; and this is that Diatactick power , acknowledged by all the Orthodox to belong to the Church-Judicatories ; and we might confirme it here , if it were necessary . But in this Indulgence , we see the Magistrat assuming to himself this Power of making proper Church-Canons , giving Rules to regulat Ministers in the Exercise of their Ministrie , and imposing such like Injunctions , as used to be prescribed and imposed , by the Judicatories of the Church , in former times . Of these Injunctions , we have had often times occasion to speak before , & need not repeat here what hath been said : Nor need we in sist on that againe , which is commonly said , To wit. That their accepting of the Indulgence hath no necessary connexion with their approving of this Power , to make such Canons , and to impose such Injunctions . For , as we have shown , this cannot be evited , and this one thing will abundantly evince it , to wit. If they had received ●his same or the like Indulgence , at the hands of the Prelats , ( & this had been likewise more consonant to the established late Acts , before the Act ofSupremacie was made ) and if the Prelates had clogged the same supposed Favour with the same or the like Injunctions ; had not their accepting of the Indulgence , accompanied with these Injunctions , been a granting of that power unto the Prelates , to make such Canons , and to give out such Injunctions and Restrictions ? And if it had been so , as to the Prelates , why not here also , as to the Council ? 5. Upon the same account , we finde by this Indulgence , that the Council hath assumed Power of exercising real Church Censures , such as Suspension from the exercise of their Ministrie , and total Deposition , or turning out , as they call it . See our first and 7. Remarkes on the Kings Letter . This most be a great invasion on the Power of the Church ; and by the Indulgence , this Power , granted by the King to the Council , is confirmed both in the King and in the Council : And who is not convinced how sad this is , when every one might see what invasions daily were made upon the Power of the Church by the Civil Magistrate ; and therefore all were clearly called aloud to cry against this , and to stand and withstand , and do nothing that might contribute to fortifie them in their Usurpations , or to occasion their further Incroachment , which might have been forborne without sin . And sure I am , if these Brethren had forborn to accept of the Indulgence , as several others did refuse it , the occasion of this and many other Invasions had not been given , and Church Power had not been so formally usurped , as it hath been ; not the Magistrates so fixed in the possession thereof , as they are by such cedings . III. What Affinitie it hath with the Supremacie . OUr third Head of Arguments against this Indulgence , is taken from its relation to , affinitie with , dependance upon , and con●irmation by that woful Act of Supremacie , made by our Parl. 1669. And sure , all , who are tender of the Concernes of Christ's Crown , and of the Privileges of his Church , will have an utter detestation of and abhorrence at any course , which floweth from , is continued and confirmed by , and cannot stand without that Act , which with one dash doth dethrone our Lord , and spoile him of his Royal Prerogative , and his Church of all her Privileges . What occasion or rise the Indulgence gave unto the Act of Supremacie , and what a foundation it laid for m●re of that kind , and what a neer affinity and likeness is betwixt them , we have shown above , and need onely recapitulat things here . 1. Had this Indulgence been utterly refused , we had never yet seen that Act of Supremacie ; for the Council having granted the Indulgence upon the Kings Letter , contrary to many Acts of Parliament , knew no other way to salve themselves , but by framing this Act , which both secured them for times by past , and against all hazard also , in going on in the same course , as they had begun , for the future . The grant of the Indulgence was never lawful , nor the granters-secured by Law , until this Act was made . How shall we then judge well of the Indulgence , that gave the necessary rise unto that prodigious Act ? 2. The Indulgence it self would be still an illegitimat brood , notwithstanding of all that King and Council both did , were it not for the Act of Supremacy ; for by the Act of Supremacie , that is now made a legal deed , which otherwise was directly against Law. What shall we then think of the Indulgence , that must be legitimat by such an Act ? And what a possession that must be , that hath such an Act for its Groundright and Charter , let sober men judge . 3. The Indulged would , notwithstanding of all that is done by both King and Council , be still seditious Persons , in the account of the Law , and lye under hazard of the same , were it not for this Act , which alone secureth them from the lash of all Lawes , made for that end . This Act is their onely Right and Ground of Securitie , whereby they can plead themselves free from all that could be brought against them by foregoing Lawes . So that among other things , wherein the Indulged do now differ from all the Non-conforming Ministers , this is one , that the Indulged are under the Protection of the Supremacie , and lye in saftie under the winges thereof ; whileas others have it not stretched over their heads , and so do not enjoy that chilling warmth , that is to be had thereunder . 4. This is further confirmed by all the Particulars , mentioned under the two foregoing Heads ; for they all belong to this Supremacie , and are parts of the same ; and the Supremacie is but one comprehensive , complicated and compounded Act of Usurpation of the Crown of Christ , as Head and King of his Church , and of the Power and Privileges belonging to the Church , and to the Officers of the House of God. 5. We saw before the same asserted by Worthy Mr Iohn Burnet , in his Testimonie against the Indulgence , whose Argument is worth Consideration , and I shall here repeat it : To Settle , Enact , Emit Constitutions , Acts and Orders , concerning Matters , Meetings and Persons Ecclesiastical , according to Royal Pleasure , is the very Substance and Definition of his Maj. Supremacy , as it is explained by his Estates of Parliament . But the Act of his Maj. Royal Indulgence is only to Settle , Enact and Emit such Constitutions Acts and Orders , concerning Matters , Meetings and Persons Ecclesiastical according to Royal Pleasure . Therefore the Act of his Maj. Indulgence , is the substance and definition of his Maj. Supremacy , &c. 6. Seing by what is said , it is apparent , that not onely is the Usurped Supremacy put in exercise , and confirmed in the hands of the Usurped , by the Indulgence ; but also the formal asserting of the extravagant Supremacy , by a plaine Statute and Act of Parliament , explaining and confirming the same , is looked upon as necessary to support the Indulgence , and to keep it in legal being : It can not be well denied , that such , as have accepted of this Indulgence , have homologated this Supremacie , and contributed , by vertue of that acceptance , all their power to the fixing of this Usurpation ; for more was not required of them for this end ; and if they had refused the Indulgence , this Statutory establishment of the Supremacy had never been accounted necessary ; nor possibly once thought upon . 7. As he who accepteth a benefite from a Person , which that Person cannot bestow but by an usurped Power , and doth formally flow from that Usurped Power , doth homologat by his acceptance that Usurped Power ; So the Accepters of the Indulgence , from the King and Council , which they could not give but by the Usurped Supremacie , and which formally and kindly floweth therefrom , cannot but , in so doing , homologate that Usurped Supremacy . 8. If this Indulgence had been granted by the Prelate of the Diocie , would not the acceptance thereof have homologated Prelates Usurpation , and been an acknowledgment thereof ? Why then shall not the accepting of this Indulgence , when granted by the King and his Council , be an homologating of their Usurpation ? Especially seeing the Usurped Power of the Prelate is but a branch of the Supremacy , and floweth therefrom , Prelates , as such having no Church-Power with us , but what is granted by the King by Vertue of the Supremacie , by the Statute Law of the Land. Wherefore if the accepting of the Indulgence at the hands of the Prelates , would have homologated the Usurpation , that yet flowed from the Supremacy , and consequently the Supremacy it self , though at a step further off ; how is it imaginable , that the accepting of the Indulgence from the King and Council immediatly , shall not be an homologating of the Supremacie , which is the immediat root and ground thereof ? 9. Such as accepted of the Prelates Collation , whether to new places , or to the same places , where they had been , before the restauration of Prelacy , will I suppose be looked upon , as homologating , in that act , the Prelates Power , and consequently the Supremacie , from whence that Power floweth to the Prelat : And what difference is there . I pray , betwixt the Prelates Collation ( which possibly was freer of concomitant Instructions , Rules and Directions , how to regulate them in the Exercise of the Ministrie , than was the Indulgence ) and the Councils Collation , as to the Fountaine , the Kings Supremacie , from whence both do flow ? By vertue of Power descending from the Head to the Left arme , the Prelates , is the Episcopal Collation granted , and by vertue of Power descending from the same Head to the Right arme the Council , is the Council their Collation granted . 10. Who homologate a Supream Authoritie in the King over all Persons , and all Causes Ecclesiastick , by vertue whereof he may Settle , Enact and Emit such Constitutions , Acts and Orders , concerning the Persons imployed in the External Government of the Church , and concerning Meetings and Matters Ecclesiastick , as he in his Royal Wisdom shall think fit ; they homologate the Supremacie : This is certaine ; for this is the Supremacy , as appeareth by the Act explicatory : But so it is , that the Accepters of the Indulgence do homologate this Supream Authoritie in the King. Which I thus prove . Such Ecclesiastick Persons , as are willingly disposed of by the Supream Authoritie in the King over all Persons , and Causes Ecclesiastick , and goe to what places he by his Council appointeth , for the exercise of their Ministrie and of Church-Government , and withall receive Orders , Acts and Constitutions concerning Ecclesiastick Persons , to regulate them in the Exercise of their Ministrie and Government , made by him in Church affairs , according to his Royal Wisdom , by vertue of his Supream Authoritie ; these do homologate the Supremacie . But so it is that the Accepters of the Indulgence have done this . Therefore , &c. The Minor is uncontrovertable , & certaine , from the Councils disposing of them , and ordering of them to such Kirks , as they pleased , and their yeelding thereunto , and accepting of Instructions , Orders , Acts and Constitutions , made by vertue of the Supremacie , to regulate them , in the exercise of their Ministrie : all which hath been cleared above . The Major is manifest from this , That to be willingly dis●osed of by a Power , is to homologate it ; and to receive Instructions , Orders , Acts and Constitutions from a Power , is to homologat it ; By homologating a Power , I understand an acknowledgment of such a Power in such a Person , by a sutable and answerable compliance therewith , and yeelding to it , or Acting under it : And this may be materially , as well as formally done , implicitly as well as explicitly , by the Intention of the deed , as well as by the Intention of the doer : As he who obeyeth an Usurper , and acteth under him , in some place of trust , and receiveth Ins●ructions from him , for to regulate him , doth homologate that Usurped power , by his very deed , though he should hate the Usurper and the Usurpation both , and really wish he were thrust from his Usurpation altogether , and would possibly concurre thereunto himself . It cannot weaken this Argument to say , that the Indulged Persons never did nor will owne the Supremacy , but plainly disown it : For though I am ready to beleeve this to be true ; yet the Argument holdeth ; for I speak not of a Positive , Explicit , Formal , Intentional and Expresse Homologating ; but of a Virtual , Implicit , Material Homologating , and such as is included in the deed ; and work it self , abstracting from the Intention of the Worker , which is but extrinsick and accidental , as to this : And that the accepting of the Indulgence is an homologating , and a virtual acknowledging of this Supremacy , is clear from what is said , though the Indulged should intend no such thing . IV. Hovv it is injurious unto the Povver of the People . A Fourth Ground of our dissatisfaction with the Indulgence , is the wrong , that is ●ereby done unto the People , as to their Power and Privilege of Free Election of their Pastor . In the accepting of the Indulgence , there was the accepting of a Charge of a Particular Flock , without the previous due Call , free Election , and Consent of the People : ( this holdeth , as to such of the Indulged , as were sent to other Churches , than their own . ) The meer Appointment , Order and Designation of the Civil Magistrat , was all the Ground of this Relation , and was the only thing that made them Pastors to such a people , together with the Consent of the Pa●ron . This was a way of entrie unto a Pastoral Charge , that our Principles cannot assort with , wanting either precept or precedent in the pure primitive times . Our Divines have abundantly shown the necessity of the previous Call of the People , unto a Ministers Admission to a Charge . See Mr Gillespy in his Miscel. Questions Quest. 2. Nor need I hold forth the iniquitie of entering by Patrons , whereof our Par. 1649. were fully sensible , when the Church was restored to her Privilege , conforme to our First Book of Discipline , Chap 4. Concerning Ministers , and their lawful Election : And to the Second Book Chap. 12. It will be here said possibly , That they obtained the full and unanimous consent of the people . But I Answere ( 1. ) I doubt if this was either universally sought , or obtained . ( 2. ) Where it was had , it was but a meer b●inde , and , to me , a meer prostituting of ●hat Appointment and Order of Christ , rather than any conscientious Observation thereof . For ( 3. This call of the People ought to be a free Election and Choise , but here was no free Election left unto them ; but whether they did consent or not , the Person designed by the Council was to be set over them . ( 4. ) The free Election of the People should go before the Per●ons Designation to that Charge , and become the Foundation of his Relation to that Flock ; but here it was posteriour unto the Councils De●ignation , and was a meer precarious thing , coming in ex post facto . ( 5. ) This Call and Election of the People was not in the least presupposed , as any way requisite , either in the Kings Letter , or Councils Nomination and Election . ( 6. ) Nor did they make any mention hereof , when before the Council ; nor make exception against the Councils Order or Collation , until this was had . ( 7. ) Nor did they testifie their Dissatisfaction with , or protest against , the unlawful usurped Interest of the Patron , and his necessarily prerequisite Consent . ( 8. ) Did such as wanted this unanimous Call or Consent of the People , give back the Councils Warrand , as weak and insufficient ? 2. I would ask , whether they look upon themselves , as the fixed Pastors of those particular Flocks and Churches , or not ? If they own themselves for fixed Pastors , what is become of their relation to their Former Charges ? They cannot be Pastors of both places , for we owne no Pluralities ; nor can it be said , that the Councils meer Act did loose their Former Relation , and make it null . And whether they protested at their entrie to this new charge , that it was without prejudice to their Former Relation , when the Lord should open a free passage in his good Providence to returne , I know not . If they look not on themselves as fixed Pastors , then are they meer Curates , sent of the Council to those places , to preach and performe the other Acts of the Ministery , till furder Order , or during their pleasure : And then they cannot be offended , if the people look not on them , as their Pastors ; nor carry towards them , as such . V. How Erastianisme is hereby established . ANother Ground of our Dissatisfaction with the Indulgence , and with the accepting thereof , is , that thereby Erastianisme , the professed Enemie unto and perfect destruction of all true Church-power and Church-Jurisdiction , is established and fortified . 1. This is manifest from all the Particulars , mentioned above , under the First , Second and Third Heads , which need not here be repeated ; for these are parts of Erastian Doctrine , which the Orthodox disowne , and our Church hath resisted and opposed from the beginning : and beside . 2. Hereby are the Magistrates confirmed in that Usurpation of being proper judges of Ministers Doctrine , even in the first Instance ; that is , before any Church-Judicatory take cognition thereof , and passe a judgment thereupon . See our 8. Remark . upon the Kings Letter . 3. Hereby they are confirmed in this Usurpation , that Ministers may not preach in publick , or in privat , without Authority and Licence had from the Civil Magistrate . See our 12. and last Remark . upon the Kings Letter . 4. How this was confirmed and yeelded to by the Indulged , we saw above , in our Examination of Mr H's speech before the Council , Anno 1669. and of that Relation of the carriage and speeches of those , who were before the Council Anno 1673. 5. We were not ignorant , how from the very beginning of this Catastroph , and in the very First Session of Parliament Anno 1661. an exorbitant Supremacie in Church-affaires was acknowledged to belong to the King , in that , he was declared to be Supreame Governour over , all Persons , and in all Causes ; beside what was presumptively asserted in other Acts of Parl. thereafter , as in the Act for the National Synod , and for the Restauration of Prelacy , and others : And how by all these , and other things considerable , it was manifest and undeniable , that Erastianisme was in the ascendent , and that the designe of the Rulers was to subject all Church-power unto themselves , and to assume as much thereof into their own hands , as they thought fit , and to have the whole of it subordinate unto them . Now when this designe was open and above board , out very not-withstanding and not-opposing , in our Places and Stations , this Erastian Designe , was a virtual cedeing and yeelding unto these Invasions and Usurpations ; how much more are they chargable herewith , who willingly submitted unto the Magistrat●s Actual Usurpation of Church-Power ; & by accepting of this Indulgence , did put them in Actual Possession of what was but notionally , and in the theorie , arrogat formerly , as to Non-conformists ? 6. It is granted by some , and cannot well be denied by any , That the Magistrats principal designe , in granting the Indulgence , was the establishement of the Erastian Supremacie : And if so , sure , it was the part of those , who accepted of the Indulgence , rather to have withstood this designe , at least by simple refusing of that , the accepting of which ( as every one might have seen ) would contribute unto this Erastian designe , and put them in actual possession thereof . Whether the Magistrate himself doth look upon the Accepters , as hereby acknowledging his Erastian Supremacie , or not , is not much to the purpose ; seeing the acceptance , as circumstantiat , was a virtual and reall enough acknowledgment and confirmation thereof : And , it is like , the Magistrate did designe no more , not regarding whether they should openly & professedly acknowledge such a thing , if he himself were confirmed & secured in the possession of that Erastian Usurped Power . But it will be said , That though it be granted , that the Supremacie is now in its exaltation , and that Erastianisme is the great designe ; and that such , as minded to be faithful , should not cede in the smallest of the Churches Rights , not to the loosing of one pin of the Government : And that this Erastianisme and Supremacy hath acted , outed and overturned , at its pleasure ; and that the Magistrat , in this offer of the Indulgence , doth still act , according to Erastianisme , and owne the same Supremacie , and intend its further establishement : Yet the Indulged did onely accept of a licence , which , when abstracted from its offensive circumstances , is a meer relaxation of the rigour of former Edicts . To which I Answer . ( 1. ) If this Indulgence did respect nothing but the Persons and Estates of Ministers , then it might be looked on as a meer relaxation of the rigiditie of former Edicts , under which they groaned : But it is past all denial , that this Indulgence relateth more , yea and Principally , unto their Office and function , and is designed ( as is confessed ) for the Estabishment of an Usurped power over the Function and Ministrie ; yea , and includeth an acquiescing and submission unto Acts , made and proposed by such , as confessedly act from a Principle of Usurpation , and that for the better Establishment of the same , & confirmation of themselves in the possession thereof ; and therefore the accepting of the Indulgence , cannot but contribute to the iniquous ends , proposed by the Indulgers . ( 2. Whatever that licence ( as it is called ) may be , or be supposed to be , when abstracted from its offensive circumstances ; yet taken complexly with these circumstances , it must be condemned ; and however in our imaginations , we may abstract it from these circumstances , yet we cannot do so in point of practice ; seing it is confessed , that the morality of actions do much ( at least ) depend upon circumstances . 7. This contrivance of Erastianisme being so notour and undeniable , the yeelding unto and accepting of the Indulgence , so conceived , so clogged , and restricted , as it was , cannot but be contributive unto the same ; and a plaine ( though not professed ) helping forward of the designe . Sure , the refusing of the Indulgence had been a sensible defeating of the designe , and would have necessitated the designers , if so be they would still have prosecuted their Intendment ( as is probable they would ) to have taken other measures , and invented other meanes , how to have accomplished their ends ; and this supposable defeat is sufficient to show , how suitable a medium this was unto the projected end . It cannot be said , for obviating of this , That this is but accidental , and a meer probability : for it hath a necessary connexion with the end , as not only experience hath proven ; but the very nature of the thing evinceth , as is abundantly cleared above . VI. How Prejudicial this is unto the good of the Church . THe discovery of this will serve for another head of Arguments against the lawfulness of this Indulgence : for certainely that cannot be a way approven of God , which is not for the Edification of the Body ; much less that , which is for its hurt & prejudice . Now that the Indulgence is of this nature , may hence appear . 1. Church-Historie sheweth , what hurt came to the Church by such a course as this , when Arian Emperours , by their own sole power thrust-out faithful , zealous and Orthodox Ministers , and put-in Arian hereticks in their places ; and now by this Indulgence , the way is paved for the same Course : so that now the Magistrate hath no more to do , to get all the Ministery on his side , and to carry on some corrupt & erroneous designe , but to thrust-out honest faithful men , and put-in brevi manu , whom he will. Who will scruple at this now , after the Indulged men have thus broken the ice ? and who will once question the Magistrates power to do this , seing they have so sweetly submitted , in the beginning : Turpius ejicitur quam non admitiitur hospes , it is better holding-out , than thrusting-out . 2. Our own History sheweth us , how noxious it was to our Church , when K. Iames obtained but so much , as to have an eminent and active hand , or a negative voice , directly or indirectly , in the planting of all the eminent places of the Land , especially of Edinburgh ; though he never had the confidence to seek a liberty to do it brevi manu ; but did it by collusion with the Commission of the Kirk , which was made to his mind : How quickly had he overturned all , if he had assumed the power to have transplanted Ministers , as he pleased ; and if Ministers had complied with him therein , and upon his sole call , or act of Councel , had left their own Charges , and gone to places , whither he sent them ? And what would these worthies , who opposed all his designes , in maintainance of the Established Order of the Church , and of her Power and Privileges , if alive , now say , to see so many Ministers , under so many obligations to maintaine the Liberties of the Church , willingly obeying the Councils Call and Act ? 3. If according to this Method , and the way now laid down , & put in practice , our Magistrates , in all time coming , should follow this course , and put away what Ministers they pleased from one place , and thrust others in where and when they pleased ; and in all this should meet with nothing but sweet submission ; how long should our Church enjoy purity ? And how long should the Gospel be preached in power , in any eminent place in the Land ? How long should Gospel freedom be keeped up , & the Gospel flourish ? And if all this should be , whom have we to thank therefore , but the Indulged ? Would not they have all doing , as they have done ? Are not they a sad preparative ? May not their example prove noxious to the following Generations ? And whither shall we then cause our shame to go ? 4. According to this Example , the Magistrate might quickly banish all purity out of the Kingdom , and turne all the Land over into Popery , by sending all the Orthodox Ministers to the Highlands , or to some one small and inconsiderable corner of the Land ( according as in the late Act of Indulgence so many scores were cantonized to one or two Diocies ) and suffering Papists to preach where they pleased , or fixing Popish Priests , in every Paroch . And if such a thing were intended , hath not the Indulgence broken the ice thereunto ? 5. Nay , we see that in the very Indulgence , some such designe is carried on ; fo● by it , the far greatest part of the Non-conforme Ministers were Cantonized and shut-up in twoes or threes together , in one Corner of the Countrey , and all the rest of the Land was given over to the will of Prelates , Papists , or Quakers : And if all the Ministers named , had followed the example of others , what had become , ere this day , of the greatest part of the Land ? Was then this Indulgence the thing , which the General good of the Church and Kingdom called for ? Were the Indulged put in best capacitie by the Indulgence , to serve their Generation , according to the necessity of the day ? Was this the only duty of the day ? Or did the Lord call for nothing else ? Well is it , that we have such a proof of the contrary , this day , legible upon the face of that Land ; and that the very prisones can declare some other thing . 6. It being beyond all doubt now , that the Assemblies of the Lord's people in Houses , or Fields , to partake of pure Ordinances , with full freedom of Conscience , hath been signally owned and blessed of the Lord ; and hath proven a mean to spread the knowledge of God beyond any thing that appeared , in our best times , whereby the Lord preached from heaven to all , who would hear and understand it , that this way of preaching , even this way , was that wherein the Soul of God took pleasure , and to which he called all , who would be co-workers with him , this day , to help forward the Interest of his Crown and Kingdom . Now , when in despight of this signal appearance of God , and out of enmitie to the good done in these meetings , wayes of cruelty are fallen upon , to suppress utterly all these Randezvouzes of the Lord's Militia ; and these coming short of effectuating the thing , Midianit ish wiles are fallen upon , of which this of the Indulgence was the chiefe , of purpose to keep the Countrey free of these solemne occasions of the Lords Appearances ; can it be thought to be the duty of the day , and that which the Lord is calling to , to contribute our concurrence unto these stratagemes of Satan , & welcome an Indulgence , devised of purpose to destroy the work of God ? I leave the thoughts of this to themselves , when they are thinking of appearing before their judge . 7. I shall not insist on that yoke of bondage , in the matter of stipends , which was hereby begun to be wreathed about the necks of Ministers ; to the inexpressible hurt and prejudice of the Church . See what was remarked in the 4. place on the Kings Letter . 8. It will be more to our purpose , as in it self it is of greater moment , to consider how hereby a Path-way was made , to make all the Ministers of the Land , in all time coming , wholly subject unto the Council , even in all Matters Ecclesiastick , whether concerning Doctrine , Discipline , or Manners ; For hereby they became wholly subject unto the Council , as being accountable only to them ; and were so wholly at their Devotion , that they were to stay in the places , where they were set , only dureing their pleasure ; and so might be couped from Kirk to Kirk ( as some of them were ) no otherwayes , than the Prelates Curates are , at the pleasure of the Prelate : Thus was the yce broken to the bringing of the Ministrie under perpetual Slaverie ; and what should then become of the glorious Liberty of our Church ? 9. Nay , as we saw above attested by open Printed Proclamations of the Council , there was , in this Indulgence , a base and sinful compacting for the same , which , to me , is the basest of Simoneie . A conditional accepting of the supposed favour , and , as it were , a formal barganing for it , by taking the liberty to preach and performe the work of the Ministrie , on sinful Conditions , even such Conditions , as contained a giving up of the Cause to the Supremacy , and the Erastian Designe , as hath been shown above . And what a preparative this was , let any judge . I know , the Indulged themselves will say , they are free of all compacting : And I shall not accuse them further than I know , or have ground : Yet this is certaine , that the Kings Letter mentioned such and such Instructions to be given to all the Indulged ; & it is also certaine , that this Letter was not altogether unknown to them , And when the Instructions ( which the Council , in plain Expressions , calleth , termes on which they granted the Indulgence , & the samine was accepted ) were tendered unto , and put in the hand of each of these in particular , who were called before the Councel Anno 1673. I heard not of their expressing their Dissatisfaction with these Termes , so as to quite the benefite , or , as we say , to cast the bargane thereupon ; And if all the Ministers , that shall ever hereafter be admitted to preach the Gospel , in Scotland , must follow this example , and give but an implicite consent unto these , or the like termes , imposed by the Council , where shall then our Gospel Liberty be ? And what shall then become of the Liberty of our Church ? And how shall the Ministers then be called the Servants of Christ , and not the Servants of Men ? 10. By the very subjecting to the Councils Instructions , to regulat them in the exercise of their Ministrie ; they become thereby as formally subject unto them , in Matters Ecclesiastick , as any inferiour Civil-Officers , such as Sheriffs , Justices of Peace Baylies &c. who yet , it may be , shall as little observe all their Instructions , as the Indulged haue observed theirs this subjecting of the Ministrie , in its exercise , unto the Magistrate , is a manifest enslaving of the same , to the unspeakable prejudice of the Gospel , and hurt of the Church . 11. What prejudice it is to the Church , to want the free and full exercise of Discipline , & that in the lawful Courts of Christ , needeth not here to be told : And yet , in this Indulgence , there was an accepting of the exercise of the Ministrie , without the full exercise of Discipline , save what was to be had in a sinful way , by compliance with Prelacie ; and so a tacite ( at least ) consent given unto this want . It will not be of advantage here to say , that the Field-Preachers or Non-indulged Ministers , have no Discipline , & yet preach : For all their preaching is sub cru●e , not having so much as fr●edome to exerce any part of their Ministrie , and so are allowed of God to do all they can ▪ when they cannot do all they would : and beside , it is alledged without ground ; for with no lesse signal countenance , they exercise some Acts of Discipline , such as receiving of penitents , than they preach , and in both are countenanced as His ●mbassadours . But the indulged are under the lee sheet of the Supremacie , having full peace , countenance and protection , as much , as in our best times , and when our Church was most flourishing ; and yet dispense calmely with the want of Church-Discipline , in Presbyteries and Synods ; and how some of their Sessions guide , and are constitute , is none of our Glory . 12. Nor needeth it be told , what prejudice will inevitably follow upon the want of Ordination , whereby a Succession of the Ministrie is keeped up , and the word committed to faithful men , according to Christs Appointment , who may serve the Lord in the Work of the Gospel , in their Generation : How quickly , upon the want of this , a faithful Ministri● shall of necessitie cease , every one may see : And yet the Indulged have accepted of the exercise of their Ministrie , on such termes , or in such a way , as doth utterly incapacitate them for going about the Necessary Work of Ordination . Their Transgressing their Bounds , and violating the Injunctions upon their peril ( if so be they do so , that they may ordaine some ) in order to the keeping up of this Ordinance , is in so far commendable ; but is not sufficient to expiat the guilt of accepting the Indulgence , which was thus clogged ; as their whole relinquishing of the Indulgence , & betaking themselves to the Fields , with the rest of their Brethren , would prove a commendable after-wit ; but would not say , that there was no evil , in their accepting of the Indulgence , but the contrary rather . VII . How hereby our Cause and Ground of Suffering is vvronged . THE Lords good hand of Providence having so ordered it , that once a considerable Company were willing to endure Hardshipe . Want & Tribulation , for the Truths sake ( and therefore choosed suffering rather than sin ) ; which , howbeit it was upon some accounts sad and afflicting ; yet upon the account , that the Cause of Christ was owned , the Work of Reformation not condemned , but accounted still the Work of the Lord , was no small matter of Joy : Though it might have been expected , that few or none of all the Ministers , that had seen the great Works of the Lord , should have so relinquished the Interest of Christ , and embraced what once they had abjured ; yet we ought to bless the Lord , that so many abode steadfast in the day of Temptation . But how joyful so ever it was to see such a goodly Company , adhering to their Principles , and fully following the Lord ; it cannot but be as sad and afflicting , upon the other hand , to see this goodly Bulk wretchedly broken . and to see men stepping off , and that such Men , and so many such , and that after such a way , as cannot but be accounted a falling off from formerly received Principles , and from the Cause and Ground of our Sufferings . Now that the Embracers of this Indulgence are justly chargable herewith , may appear from these Particulars . 1. It was a part of the Reformation , which through the special goodness of God , our Church at length , after long wrestling , attained to , that the people should be restored to their Right and Privilege of Calling , and making a free Choise of their own Pastors , according to the example of the pure and primitive Church : And it was because they would not renounce this way of entrie , that so many Ministers were thrust out from their Congregations , by the Act of Councel at Glalgow . But in the Indulgence , there was an entering into the Pastoral Charge of a people , upon the Act and Call or Order of Council , without this Free and Full Election of the people . The Nominal Call , that was precariously had thereafter , as to some , was but a mock-call , and no foundation of their Relation unto these places , as hath been seen . And how the Councils Act and Order was exclusive thereof is manifest , and confirmed by the Instance of Mr Weer's Process . Sure , as the Election here was null , there being none to choose upon , and the Call prelimited , because the Councils Order did set such an indulged Man over them , whether they would , or not ; so the making a shew of seeking or of getting a Call from the people , after the Ground of the Relation was already laid , was the exposeing of that Order of Christs to ludibrie . 2. Multitudes of the Non-conforme Ministers were ejected , and cast-out of their Places and Congregations , because they would not acknowledge the Power and Interest of Patrons , nor accept of their Presentations unto Flocks : But in this Indulgence , as we saw above , the Interest of Patrons is reserved entire : Though they should say , That they sought no Presentations from Patrons , nor had they any active hand therein , it will not much avail : For even several of the ejected Ministers might have been free of ejection , if they could in Conscience have yeelded to so much , and acquiesced in this , that the Patron should have signified to the Bishop his presenting of such a Person , and that without his express Consent , or Formal Acceptance thereof : Yea how many had the Presentation willingly and cheerfully offered unto them undesired ? 3. It is the chiefe Corner stone of our Reformation , and the fundamental point , whereupon all the wrestlings , and sufferings of our Church from the beginning have been stated , viz. That Christ is the alone Head of the Church : But by the Indulgence another head is acknowledged beside Him ; when thereby it was declared , that the Indulged held not their Ministrie of Christ alone : as we saw above on the first head , and first particular thereof . 4. So by the rest of the Particulars , mentioned under that head , we see how many wayes , there was , in this Indulgence , a defection from former Principles , and a falling off from our grounds , all which we need not here repeat . 5. We fall from our Principles , and from the cause , upon which our sufferings are stated ; when we cede and yeeld to Adversaries , seeking to overthrow the pillars and grounds of Presbyterian Government : And in how many Particulars Presbyterian Principles are , by this Indulgence , receded from , we have seen above , in the 2 head . 6. It hath been the Lot of the Church of Scotland , from the very beginning , to be put to wrestle against the Powers of the Earth , encroaching upon the Prerogatives of Jesus Christ , and the Privileges of his Church ; and in contending for the same , against all such Usurpation , did the faith●ulness and steadfastness of our worthie & renowned Predecessours appear and shine forth ; and upon the account of their faithful adhering to the Truth , and bearing witness against all Usurpations , made upon the Rights of the Church , and on the Jurisdiction of Christ , sole King of Zion ; and for declining Judicatories acting by usurped Authoritie , were they all alongs put to suffer in their Freedom , Persons , Goods &c. by Tossings , Citations , Letters of Horning , Confinements , Imprisonments , Confiscation of goods , Relegations , Sentences unto death , and Banishments . But now , what a falling off this ground , ceding to Usurpations , Homologating of the Supremacie , & Establishment of Erastianisme is in the Indulgence , is manifest from the Particulars mentioned under the 3. and 5. head . 7. We need not forget , what was one maine ground of the actings of our worthie and valiant Predecessours , in the yeers 1637 and 1638. viz. That Ecclesiastick causes should be determined by Lawful Ecclesiastick Judicatories , and Civil causes by Parliaments and other Civil Judicatories . But to Homologate a Power in the Civil Magistrate , as such , to cognosce upon , and judge in Church affairs , immediatly and formally , is to condemne all these actings , and all the actings of Church and State since , upon that ground ; and a plaine relinquishing of that foundation . And that by the accepting of the Indulgence , such a power is acknowledged to be competent to the Civil Magistrate , as such , hath been manifested above , in several Particulars , Let us here but name that one Instance of the Councils sole judging of the fitness and Qualifications of a Person for such or such a charge , in reference to his setling there , as Pastor of the place ; which is an Ecclesiastick cause , and hath been alwayes so accounted . But it will be said , No man needs question their abilities , some having been Ministers , in the most eminent places of the Kingdom . For answer . I shall not question their abilities , though it may be , the carriage of some of them hath been such , since this defection began , as would make a Conscientious Church-Judicatory not a little averse from admitting of them within their bounds , if the Acts of our General Assemblies , by which they stand censurable , were in any regarde . But however , the Civil Magistrate is here made sole competent judge of this fitness ; and by what right he hath appointed these to go to the places , particulary designed , he may appoint others to go to such places , for which no Church-Judicatory , acting conscientiously , would judge them Qualified : And who can challenge them upon this account , seing they are sole judges , themselves ? 8. In King Iames his dayes , several faithful and honest Ministers were banished from their own Churches , and confined in other places of the Land , and seeing no hope of getting the Civil Sentence taken off , were necessitate to accept of a call to serve the Lord , in the places where they were confined ; but we never finde , that they took the Charge of such or such a Flock , upon the Edict or Act of Council , enjoining them thereunto . 9. Who ever heard before , in our Church , Ministers compeating before the Privie Council , and there receiving Directions , Instructions , Rules and Canons , directing them , how to regulate themselves in the exercise of their Ministerial Function ? And when the Indulged Persons did thus , who can assoile them from a plaine Defection from our Cause and Principles ? Put the case , that some Ministers had done so in the Year 1649. how would they have been looked upon by our General Assembly ? Or if our Parliament and Council Anno 1648. had turned out such as were against the Duk 's Engagment , and thereafter had ordered them ; to go to such and such places of the Land , as they thought fit , giving them withall such Instructions , as here were given to the Indulged , if these Ministers had carried but just , as our Indulged did , I leave to all to judge , whether or not they had been looked upon , as Deserters of our Cause . 10. We know what sufferings those faithful men underwent , when after so long imprisonment they were at length condemned at Linlithgow Anno 1606. for declining of the Privie Council , when about to judge them in the matter of a meeting keeped , or offered rather to be kept , at Aberdeen : But now we finde severals Indulged called before the Privie Council , there to be judged concerning their Baptizing of some Children within the Covenant ; a matter no less unquestionably Ecclesiastick , than was that meeting at Aberdeen ; and in stead of giving-in a Declinature , we heard of nothing , but of a simple excuse , that they had not seen those Orders , plainly showing , that if they had seen them , they had obeyed them : was not this a manifest defection from our Principles and Cause ? 11. I might mention under this Head , the Indulged persons their forsaking and laying aside , at the command or desire of the Council , that useful and commendable piece of our Reformation , I mean , the Lectures , or Explication of the Scriptures ; against which nothing can be supposed to move our Adversaries , but onely that it is a piece of Reformation ; yea the only remaining monument of that blessed work , all which they abhore . 12 We are engaged , as will not be denied , against Prelacy ; and yet the Indulged did virtually engage to support that , which they stand obliged to pull down , by receiving of these Injunctions , which ordered them to do many things , tending to the strengthening of the Prelatical Invasion : Of which more particularly in the following Head. VIII . Hovv the hands of Prelates are hereby strengthened . COnsidering how we stand engaged against Prelates and Prelacie , every sinful course , that hath a tendencie to strengthen their hands , and to fix them in their tyrannical Usurpations over the Church , should be so much more abhorred by us ; Yea , what otherwayes might be lawfully done , in this case , should be wholly forborne . We shall therefore take notice of the Advantages given to Prelacy by this Indulgence . As. 1. Not to mention the open door , that is left unto them , to accept of the Prelates Collation , nor the encouragement they have unto the seeking and obtaining of this from the Bishop , in and by this Indulgence ; we may take notice of this , That hereby they put themselves in prison , and the key of their Prison , door is in the Prelates hands ; for without licence , granted by the Bishop of the Diocie , they may not go without the bounds of their confinment . And , sure , as this is no small disadvantage to themselves , but a manifest exposeing of themselves unto temptation ; so it is a great power and advantage granted to the Prelate over them ; which slaverie and bondage they had been free of , if refusing the Indulgence , they had remained in the same Condition with the rest of their Non-Indu●ged Brethren . 2. There is in the accepting of the Indulgence , a voluntarie with-drawing of an helping hand from the greatest part of the Land , groaning under the Tyranny of Prelacy ; and a leaving of the same unto the will and pleasure of the Prelates and of their Curates ; for hereby they willingly did give up themselves to be inclosed wi●hin their several designed and limited places , and were content their Ministery should be their confined , let the necessity of the Church be what it would , or cou●d be . Thus , as to them , the Prelates , and their Curats were left in the peacable possession of all the rest of the Land , which was no sma●l advantage , seing they were secured as to them , in all time coming , and had no ground to fear , that they should ●●ssen their Kingdom , and beat-up their quarters , with Field & House-Meetings , as others Non-Indulged did , and are doing , to the Glory of God , & to our Comfort . 3. Not to mentione the friendly and brotherly love and correspondence , that some have observed betwixt some of the Indulged , and their neighbour Hirelings , who are under the Prelates the general deadness and slackness as to any zeal against the Prelates and their wicked courses , which is commonly observed , wherever the Indulgence is , is no small proof of the advantage , which Prelates and Prelacie have had by the Indulgence : Prelates themselves will possiblie say , that one field Conventicle hath done them and their cause more prejudice , than many preachings of all the Indulged men : Though I am far from : thinking , that the preachings of the Indulged , have any direct tendencie to strengthen the Course of Prelacie ; yet what I have said being generally observed to be true , themselves are concerned to search , whence and how it cometh to passe , that it is so ; as also , how it is that so many observe a greater keenness in them , against the field preachers , than against the Prelates ; yea and the Supremacy , even in their Sermons . 4. It may have some weight , as to this , to consider , how by their accepting of the Indulgence , which floweth from the Supremacie , the Prelates are ready to look upon themselves as justified , in accepting of Prelacie from that same Supremacie , for , may they think , These men cannot blame us for acquiesceing unto the determination of the King , acting by vertue of his Supremacy in Church-affairs , and over all Church-Persons , and accepting of that Charge and Place , which is given to us , in the Church , from him , who hath full power to dispose of Ecclesiastick Persons , as he will ; seing they themselves have acquiesced unto the determination of the King , acting by vertue of his Supremacie over Church-Persons , and accepted of what charge and place in the Church he thought fit to give them , and took their Instructions , to boot . 5. In accepting of the Instructions , they virtually engaged themselves to several things , which could not but strengthen the hands of the Prelates and their Curates . As ( 1. ) To admit none of the people , who live under Curates , unto their Sermons . ( 2. ) Not to admit them to their Communions , without the allowance of the Curates . ( 3. ) Nor to baptize their Children , without the same allowance . ( 4. ) Not to marry any , living within their bounds , without the said allowance , if the place be not vacant . ( 5. ) They are ordered also to observe Presbyteries and Synods , which are now wholly Prelatical . ( 6. ) Matters of Discipline and Censure , which usually came before Presbyteries and Synods , are ordered to run in the same channel . By all which ( not to mentione their praying of dues to the Clerks of those Episcopal Meetings , which was also injoined ) it is obvious and plaine , how the hand of the Prelates and their Curates were to be strengthened ; and if these Orders had been punctually observed , themselves , I hope , will grant , that hereby the hands of these Adversaries had been strengthened ; and if so , sure I am , their receiving of these Injunctions , and of their licence upon condition of observing them , was a virtual engaging of themselves hereunto . IX . Hovv it is against our Covenants . I Hope , it will be granted , that the obligations of the Covenants , Vowes and Solemne Engagments are upon us ; and that I need do no more here , than show , wherein the accepting of this Indulgence was against our Covenants ; and this is to me manifest from these Particulars . 1. It is a chiefe part of that Religion , and head of that Doctrine , that we are obliged by all our Covenants and Vowes to defend , viz. That Christ is sole King and Head of His Church , which is His House and Kingdome ; and consequently , we are obliged to do nothing , that may wrong His Right , and entrench upon His Royal Prerogatives . But what wrongs the accepting of this Indulgence carrieth alongs with it , against the Royal Prerogatives of Christ , as sole Head and King of His Church , we have seen above , under the first Head , and we need not here repeat them . 2. We are obliged by our Covenants to defend and own Presbyterian Government , as is granted by all : but in how many particulars this Indulgence crosseth the principles of Prebyterian Government , we have seen above , under the Second Head ; and as to all these particulars our Covenants are violated . 3. How we are engaged by our Covenant against P●elacy , the second Article of the Solemne League and Covenant can tell us ; and how many wayes the accepting of this Indulgence , did contribute expresly or virtually , unto the strengthening of Prelacy , we saw above , under the foregoing Eight Head : And it is past all question , that these particulars there mentioned are utterly inconsistent with an Endeavour to extirpat Prelacie . 4. We cannot be ignorant , that in the Solemne Acknowledgment of sins , and Engagment to duties , we vowed and swore to study and endeavoure to preserve Religion in purity , against errour &c. and particularly against Erastianisme , in these words , Because many have of late laboured to supplant the liberties of the Kirk , we shall maintaine and defend the Kirk of Scotland in all her Liberties and Privileges , against all who shall oppose & undermine the same , or encroach thereupon , under any pretext whatsomever . And certaine it is , that Erastianisme was never so regnant in Scotland , as it is , and hath been , since this Catastrophe began , and that the Liberties and Privileges of the Church are not only now opposed , encroached upon , and undermined , but overturned and quite taken away . Now , how became it all , who minded faithfulness and steadfastness in their Covenant , to stand fast in this Particular , and be tender of all the Privileges of the Church , and to guaird against very thing , which might contributee in the least , or be justly interpreted to contribute unto this Invasion , or prove a consent thereunto ? But on the other hand , in how many Particulars , the accepters of the Indulgence stand guilty here , hath been shown above , and may be seen under the Third and First heads . 5. We are expresly bound by our Covenants , not to suffer ourselves Directly , or Indirectly , by whatsoever Combination , Perswasion , Suggestion , Allurment , or Terrour , to be divided or withdrawn from our blessed Union and Conjunction , whether to make defection to the contrary Party , or to give ourselves to à detestable Indifferency or Neutrality . But , now , as to this Indulgence , what a divisive motion it was , is notour enough ; and it was , by the confession of some of the chiefe of the Indulgers themselves , said to be intended for that end ; and beside this , the thing it self speaketh out this with a loud voice . How manifest and great a breach is hereby made among the suffering remnant , is beyond all denial ; and how great , consequently , and manifest the breach of Covenant is , upon this account , is Alas ! too obvious and plaine . X. Hovv hereby the condemne themselves . THis Consideration may also furnish us with another head of Arguments against this Indulgence , That the accepters thereof have thereby , in several Particulars , condemned themselves , as to their former Principles and Practices : And this Consideration may be looked upon , as an Argumentum ad hominum , as it is called : An argument , that may militate against them . Now this self contradiction of theirs appeareth in these Particulars . 1. I shall suppose , that several of them at least ( for I love to judge the best ) were no Enemies to Field and House-Meetings , howbeit condemned by the Law ; and that possiblie some of them did preach sometimes at such meetings ; though the Qualification , required in the Kings Letter , and presumed by the Council to be in them , to wit , of living peacably and orderly , would say some other thing . And if they did approve of these Meetings , and of that way of preaching , for spreading of the Gospel , and doing good to the suffering Church of Scotland ; they could not but , in so far , condemne all courses and wayes taken , or to be taken , of purpose to hinder that good work ; and consequently condemne the Indulgence , which was manifestly contrived for that end . But now in accepting of the Indulgence , they have approved what formerly they condemned , and have condemned what formerly they approved . 2. They all , I suppose , do condemne the Supremacie , as an Usurpation , not to be allowed ; for I never heard of any of them , save one , of another judgment , in that particular . But in accepting of the Indulgence , they accept of that , which purely floweth from the Supremacie , and which had never been , if the Supremacy had not been usurped , and which hath no legal being but by the Supremacie and its explicatory Act , which is all their legal ground of security , as hath been manifested above : And therefore do Homologate , and virtually approve of that , ( as was manifested under the 3. Head , which they have condemned ; and so have acted inconsequentially to their own Principles . 3. I likewise suppose , that they condemne the entry of the Curates , who have entered by the Prelates : And whatever accidental differences may be betwixt their entry , and the entry of the Curats ; yet in this maine and Principal ground , whereupon both are to be condemned , they agree ; to wit. That the entry of both is founded upon the Supremacie : For the Prelates have their power in the Church from the Supremacie : and so doth the Councel act in Church affairs by vertue of power , flowing from the King , as Supream in Churchs-affairs ; and Curats enter immediatly by the Prelates , and the Indulged enter immediatly by the Council ; and both enter mediatly by the Supremacie , but with this difference , that the Conveyance seemeth to be more Ecclesiastical , as to the Curats , Prelats , as such , being supposed at le●st , Ecclesiastick Persons , and so called ; than it is as to the Indulged , the Council neither really , nor nominally being a Church-Judicatory . 4. They formerly refused to stay with their Charges , by vertue of a Presentation of the Patron , who possibly would have granted it undesired ; and yet now they have accepted the same Charges , and some have accepted of other Charges , not without the Consent of the Patrons , according to the standing Law ; and the same is expresly mentioned , as had and obtained by the Council , in order to their Legal Estab●i●hment . In so far therefore , they cannot but have condemned themselves and their former Principles and Practice . 5. We know how many of these same Brethren refused the Accommodation , that was offered by B. Lightoun ; and therefore would not joyn nor concurre with the Prelates , or their Curats , in their Presbyteries and Synods ; and yet with the Indulgence , which they embraced , was this , among other Instructions , given , that they should repaire to these Meetings , and referre Causes , usually referable , thereunto ; and though they did not obey the said Injunctions , yet their receiving of them , at the Councils Bar , was a virtual Approbation yea and a promise of performance ; and that so much the more , that the favour was offered upon these termes , as the Council expresly declared . But further , we may draw a parallel here , whereby it may distinctly appear , that their refusing of the Benefite , offered by the Accommodation , did condemne their accepting of the Benefite , offered by the Indulgence : As ( 1. ) as the exercise of the Ministrie in preaching is a part of the Ministerial Function ; so is the exercise of Discipline . ( 2. ) As the one exercise doth natively and originally flow from the Appointment of Christ , and Power given by Him ; so doth the other . ( 3. ) As it is unlawful to acknowledge and submit to the Usurpation of Prelates , in the exercise of Discipline ; so it is unlawful to acknowledge or submit to the Usurpation of the Council , in the exercise of other parts of the Ministerial Function ▪ ( 4. ) As in following the Indulgence , we may possibly imagine , that we act by vertue of our Ordination , solely and purely ; so in sitting in Presbyteries , we may likewise imagine , that we act by vertue of our first Ordination . ( 5. ) As the Interposition , or Intervention of the Prelats Usurpation altereth the current of the exercise of Discipline ; so doth the Interposition or Intervention of the Magistrats Usurpation alter the current of the Exercise of Preaching &c. ( 6. ) As in the exercise of Discipline , in those Meetings , the Accepter of the Accommodation would have yeelded himself up to be accountable to the Prelat ; so , in the exercise of the Ministrie , the Accepter of the Indulgence yeeldeth himself up to be accountable to the Magistrate , who gave him these Instructions ; in so far as concerneth these ? Yea , in the offer of the Accommodation , there was this advantage , That the Accepter had full Liberty granted to him , at his entry to these Meetings , to declare , that he did not renounce his own private Opinion anent Church-Government ; and to enter his Declaration in what forme he pleased : But the Accepter of the Indulgence had no such Liberty granted to him , though the deed was as manifestly a compliance with Erastianisme , as the other had been with Prelacie . But it will be said , that the maine ground of scrupling at the Accommodation , was , that these Meetings were not true Presbyterial Meetings , these being discharged by Authoritie , and all their warrant in Law removed , and those new meetings being enjoined for establishment of Prelacie , on which they were wholly to depend . I Answere , I am not seeking to weaken any ground of scruple , which these Brethren had against the offered Accommodation ; but am only showing , that what grounds moved them to scruple at the Accommodation , these same should have prevailed with them , to scruple at the Indulgence ; and therefore shall hold forth the Parallel of the two Cases , even as to this ground : So that ( 1. ) As no act of Civil Authority can lawfully depose a Minister from the Ius and Right of preaching ; so neither from the Ius and Right of exercising Discipline . ( 2. ) As Civil Authority can only impede the Actual exercise of the one , in such or such a particular place ; so only can it impede the Actual exercise of the other . ( 3. ) Civil Authority could not take away the Ius of Presbyterial Meetings , but only impede their exercise ; as Civil Authority could not take away the Ius of a Ministers preaching , as Pastor over such a Ch●rge ; but only impede the exercise of that Function . ( 4. ) As notwithstanding of all that the Civil Authority did , Ministers retained a fundamental Right to exerce the Office of a Minister , in their several Congregations ; so , notwithstanding of what the Magistrates did , they retained a fundamental Power and Right to meet in Presbyterial Assemblies for the exercise of Discipline . ( 5. ) I● yet , notwithstanding of this , Presbyterial-meetings are said to be quite overturned ▪ by the Magistrates discharge , and cassing the Lawes made for the establishment thereof ; why may not also the Ministers Relation to such a flock as Pastor thereof , be said to be annulled by the Magistrates Act , discharging him to preach there , and cassing the Law establishing the right way of entry by Free Election of the People , without Presentation of the Patron ? ( 6. ) And if after what hath been done by the Magistrats , in taking away the Old Presbyteries with their legal Ground , any new Meetings that are , being appointed for establishing of Prelacy , be Prelatical Meetings ; why may not also this new Pastoral Charge , being appointed by the Magistrates , for Establishment of Erastianisme , after all that hath been done , in taking away the Old Relation with its legal ground , be an Erastian Relation ; and consequently as much to be scrup●ed at , as these Meetings ? 6. No doubt , these Brethren would have scrupled to have taken the Bishops Collation : And in accepting of the Indulgence , I judge , they have condemned themselves in this : For what ever Reasons could have moved to have scrupled that , the same , or the like should have moved them to have scrupled this ; as will appear by the parallel , in these Particulars , ( 1. ) If the Indulged think that the Indulgence is but a partial Restitution of the Liberty , whereof he was totally deprived ; so the Minister , that accepteth of the Prelats Collation , may judge and say , that it includeth not Ordination , for he was an ordained Minister before ; but is only a granting of Lberty , for the free exercise of the Ministrie . And he may think , that by no reason he can be construed to acknowledge more , as well , as the Indulged Minister may think . ( 2. ) As he , who submitteth to Collation , acknowledgeth and preferreth the Prelate , as a proper Minister of Jesus Christ ; So he , who submitteth to the Indulgence ; acknowledgeth the Magistrate , or the Council to be the proper Subject of Fo●mal Church-Power , which is tantamount to the making of them Ministers of ●e●us Christ , yea , which is worse , he ascribeth unto the Magistrate , that Architectomick Power in Church-Matters , which is proper to Christ , the only Head of His Church . ( 3. ) As in Collation there is a formal acceptance , a direct Submission and Recognizance and as significant a Transaction , as if the Bishop did expresly stipulat , and the other Consent and Promise ; so in the Indulgence , ( as hath been cleared above ) there is a formal Acceptance , and a plaine Submission and Recognizance ; and as Significant a Transaction ( if the Council be to be beleeved ) as if the Council did expresly stipulate , and the other Consent and Promise . ( 4. ) Suppose the Prelate should send to an outted Minister a warrant , licensing him to go to another Church , than his own ( I state the Supposition thus , in case any should think there is a Difference betwixt a Collation , and such a Licence ) would the outted Minister , or any of those , who are now Indulged , accept of the same , and upon that sole Ground , look upon himself as Minister of such a place ? If not , why did they accept of such a Licence from the Council ? XI . Hovv thereby the Meetings of Gods People are prejudged . IF the Indulged Ministers be not real Enemies to , and utterly dissatisfied with the Assemblings of Gods People in Houses , or in the Fields , against which the rage of Rulers hath appeared so much , by terrible Acts and Proclamations , and more terrible Executions , ( as I desire to think they are not ) it will easily be granted , that if their accepting of the Indulgence , be really Prejudicial unto the carrying on of the Work of God , in and by these Meetings , nicknamed Conventicles ; or if it be found , that by the accepting of the Indulgence , they have contributed unto suppressing of these Meetings : and consequently , that interpretativly they may be charged in part with the Severities , exerced against the same , if , I say , this be made probable and likely , we will have , upon this account , a new Head of Arguments against the accepting of this Indulgence , which deserve some Consideration here . What have been the Tossings , Harassings , Afflictions , Vexations and Sufferings , that the Servants and People of God have met with : because of their following of this Necessary and Signally blessed Duty , none of the Inhabitants of the Land can be ignorant of ; and the Jailours can abundantly witness unto this very day , together with the Barbarous Souldiers , who readily did and do put in exec●tion the cruel Commands of their enraged Masters : And it would be too long and too Tragical an Historie to make a full and faithful relation of the same . It would be too tedious also to make mention only of all the Acts , Edicts , Proclamations and other things of that kinde , that have been made and emitted against the sa●ds Meetings , breathing forth nothing but the height of cruelty and rage , imposei●g exorbitant fines upon all Persons found at those Meetings , threatning death to he Ministers ; giving encouragement to Souldiers to apprehend the hearers , by the pomise of their fines and escheats , and to apprehend some certain Ministers by the Promise of two thousand Merks ; and to apprehend all others , preaching at ●uch Meetings by the Promise of one thousand Merks , besides other rewards . It w●uld likewayes prove too long , to give but an acc●unt of the Letters of Inter commu●ing , against multitudes both of Ministers and Professours , simply upon this account , Datted Aug. 6. 1675. Whereby all the Subjects were prohibited to Reset , Supply or Intercommune with any of the Persons therein mentioned , or to haue intelligence with them by Word , Write , or Message ; or furnish them with Meat , Drink , House , Harbour , Victual , or any other thing useful , under the paine of being repute ai●t and part with them , in the Crimes of Rebellion mentioned , and pursued therefore with all rigour . Only , from all these it is manifest , what an eye-sore these Meetings have been , and yet are unto the Rulers , and with what edge and eagerness they have laboured by all meanes possible , to suppress and quite destroy the same . This premised , in order to our Designe here , we desire that these following Particulars may be pondered . 1. It hath been manifest above , both from the Kings Letter and other Particulars , beside the notoriety of the thing it self , that the Indulgence was contrived of purpose , for this special end , among others to bear down and extinguish these Meetings , nicknamed Conventicles . 2. It is certaine , that all such , as have accepted of the Indulgence , have for the most part laid themselves wholly aside from this necessary work of the Lord , this day , and have received a Letter of ease from this troublesome and hazardous imployment of carrying the newes of the Gospel , from mountaine to hill ; ( to which the Lord is calling aloud , this day , and graciously encouraging by his wonderful blessing the laboures of these few , who yet venture ) and have given themselves to rest , under the covering of the Supremacy . 3. It is likewise manifest , that if all the rest of the Ministers , named in the Councils Acts , had done as they have done , and had accepted of that supposed favour , and submitted unto their Order of Indulgence and Confinement , there had been few left to have carried on that great work of the day , which appeareth to be the work , that God is in a special manner calling unto . 4. If all had refused to accept of that Indulgence , and had concurred with one shoulder to carry on that great and necessary work of the Lord , the Rulers had been utterly frustra● in their designe of banishing these Solemne Assemblies , these Royal Rendevouzes of Christs militia , and these solemne occasions of the Lords appearing in the power of his grace , out of the Land : And , on the other hand , the accepting of the Indulgence hath encouraged them in their wicked Purpose , fortified them in their Resolution , and animated them unto a following forth of their Designe , by all their cruel Acts and bloudy Executions . 5. By accepting of the Indulgence , not only have the Accepters laid themselves aside from this necessary and blessed Work ; but likewise all these people , over whom they are set by the Council , are with-held or withdrawn from waiting upon the Lord , at these blessed and wonderfully countenanced Occasions . Whereby the Followers of the Lord are broken , divided , and weakened , and so become a more ready prey unto the Adversary : For 6. If all the outted Ministers had faithfully and diligently gone about this Work , and had , for that end , divided themselves thorrow the Land , the work had been more succesful , the Followers of the Lord had multiplied , and had remained unite in one intire Body ; the Adversaries had been put to a demurre , and had not gote such Advantage , as now they have gote ; and the people of the Lord had had more Freedom to serve him , and had been more secured from Danger : Whileas now , when re●●cted to a few number , their Assemblings are the more laid open unto the persecution , and fiery pursuite of Rulers , and exposed more to hazards and grievous Difficulties , as experience hath proven . 7. Wherefore , seing by accepting of and submitting to this Indulgence , there is a contributing of a concurrence with the Rulers , in their wicked Designe of banishing all these Meetings out of the Land , which manifestly had been defate by a plaine & positive refusal of that supposed favour ; and seing the same is so inconsistent with the keeping up of these Meetings , and infallibly effectuateth a relinquishing of them by many , and a diminishing of their number ; it is undeniable that the Accepters of this Indulgence have , in so far , and upon the matter , condemned all those Meetings ; and consequently approven all the Opprob●ious and false Epithers given unto them , and persecution made against them by the Rulers . 8. Having thus exposed the residue of the faithful of the land , ( who through grace are resolved to follow the Lord with full purpose of heart ) , unto the furie of the Adversaire , They become interpretatively guilty of and accessorie to all the Cruelties and Barbarities , used and exercised upon Ministers and Professours , for adher●ing unto that way . These things might be further enlarged and exaggerated ; but I choose only to mention them , and proceed , XII . How Scandalous and Offensive it is . The reall ground of Offence , that was in the accepting of this Indulgence , and the Scandal that was thereby given to one and other , is valide enough alone to militate against it , and sufficient to condemne it , unto all , who understand the nature of Scandal , and the dreadfulness of the sin of giving scandal by any thing we do , whether as to Matter , or Manner ; and who remember what Christ and His Apostles have said of this Matth. 18 : 6 , 7 , 8 , 9. with the Parallel Places Mark. 9 : 42. and Luk. 17 : 1 , 2. Rom. 14. throughout 1 Cor. 8 , and 9 : and 10. Chapters . And there is no way to evi●e the force of this Argument , but by affirming and proving , That the Action , at which offence is taken , or may be taken , is not onely lawful in it self ; but , as circumstantiat , is expedient and necessary to be done ; as all Orthodox in this matter know , and as may be seen in the Disputes of our Predecessours against the Formalists , especially in the English Popish Ceremonies ; and in the Debates of the Non-conformists in England , this day , with their Adversaries , upon this Head. Wherefore , seing it will be easily granted , that the accepting of the Indulgence , was not a thing in it self necessary , so as it could not be refused without manifest sin against the Lord ; and we have sufficiently , by our foregoing Arguments , proven the same to have been sinful . And seing it will not be sufficient to say , That it was a matter in it self Lawful , or Indifferent , seing what is Lawful in it self may become , by reason of some Circumstances , Inexpedient , and what is Inexpedient , in so far as Inexpedient , is Unlawful ; and by what we have said , we suppose it is apparent , that none can with any shew of Reason affirme , that it was Expedient . Seing I say , the matter standeth thus ; and seing withall it had such a manifest appearance of evil in it , and that upon so many accounts , as hath been cleared , upon all which , it cannot but be conceived , to have been very Scandalous and Offensive . In prosecuting of this Head , I might here make a large recapitulation of the Particulars , wrapped up in that complex Business , considerable in the circumstances thereof , and in their carriage , at the receiving thereof , and at their receiving of their Instructions , and otherwayes ; and show how , by all of these , they gave offence : But to shun prolixity , I shall leave that , knowing that the Judicious Reader will have observed these things , in the perusal of what is said above . All therefore that remaineth here to be done , is to show what appearance of evil , and real matter of scandal there was , in the accepting of this Indulgence : And while I am to do this , I would have no man thinking , that hereby I do in the least weaken my foregoing Arguments , proving it sinful ; for it is a truth , that the open committing of a manifest sin is scandalous ; and no man can say , that the scandal , arising from an action , maketh that action indifferent , and not sinful , in it self , or extra casum scandali . But because we ought all to be tender of the Spiritual welfare of our Brethren , and carefully to guard against the laying of a stumbling block before them , or do any thing that may induce them to sin , or tendeth thereunto , or to retard them in their Spiritual journey &c. Therefore ex superabundante , an argument hence may be convincing . In order therefore to the holding forth of the scandalousness of this action , I shall only mentione the several Persons , unto whom hereby scandal was given , and cleare the same in a word . 1. The accepters of the Indulgence , did hereby give offence unto such of their Brethren , as had the offer , but were not clear , nor convinced of the Lawfulness of the embraceing of such a favour , at such a time ; for by their example these were encouraged and moved to do that , which they judged sinful and unlawful for them to do : And thus was there a stumbling block , and an occasion to fall , put in their Brother's way Rom. 14.13 . And it is evil for any to do such a thing with offence , even though it were in it self , and as abstracted from circumstances , Lawful and Pure Rom. 14 : 20. Nay suppose , that those Brethren had scrupled out of meer weakness ; yet , if the taking of the Indulgence be not said to be a necessary duty , ( as I suppose it will not be said to be ) in this case , it should have been forborne , according to the Doctrine of Paul 1 Cor. 8 : 9.10 , 11. But take heed lest by any meanes , this liberty of yours become a stumbling block to them that are weak : for if any man see thee , which last knowledg ▪ sit at meat in the Idols temple ▪ shall not the Conscience of him , which is weak , be emboldened to eat those things , which are offered to Idols ? And through thy knowledge , shall the weak brother perish , for whom Christ died . 2. They gave offence unto others , who had not this in their offer , yet Judged the accepting thereof unlawful , upon the ground last mentioned ; and t●erefore should have hearkened unto the direction of Paul , in a like case 1 Cor. 10 : 28. But if any man say unto you , This is offered in sacrifice unto Idols , eat not ; for his sake that shewed it , and for Conscience sake — vers 29. Conscience , I say , not thine own ; But of the others . And accordingly have refused that Indulgence , seing there wanted not who told them of the evil , they conceived to lye therein . 3. They gave ground of offence unto the Godly Professours of the Land , who looked upon that course ( as they do to this day ) as homologating the Supremacy and as strengthening the Erastian Invasion , and so gave ground to them to think , that they had departed from their Principles , and to be grieved thereupon : The consideration of which should have prevailed with them , to have refused this pretended favoure , according to the direction of Paul Rom. 14 : 15 , 16. But if thy brother be grieved with thy meat , now walkest thou not charitably . Destroy not him with thy meat for whom Christ died . Let not then your good be evil spoken of . 4. It was a great ground of offence unto the whole suffering Church of Scotland , in them , thus to withdraw from their Brethren , and leave them in the furnace , contrare to their former Engagements ; not to mention the other Particulars , wherein we found their sacred Bondes hereby violated , which necessarily became a ground of great offence unto all : Nor to mention these Particulars , whereby we manifested above , that the accepting of this Indulgence , was injurious unto Christ's Headshipe , unto the Privileges of the Church , & to the Principles of Presbyterian Government , and others ; from all which it is undeniably clear , that a palpable ground of stumbling was laid before , and offence given unto all the honest party . 5. Great offence and matter of griefe was hereby given unto the few , that continued at their Masters work , in preaching in Houses , or in Fields , as occasion offered ; for , hereby their hands were weakened , the number of the bearers of burden waxing smaller , even while the work was growing upon their hand ; and they were made , out of a preposterous tenderness unto them , who had thus stepped off , to forbear preaching in such places , where these were Indulged unto , though formerly they used to meet with some encouragment in those places . 6. Hereby was offence given unto the Prelates , and to their under Curates , when they were hereby confirmed in their Usurpation and Defection : That action is indeed scandalous , that edifieth not ( as the Apostles word is 1 Cor. 8 : 10. ) or emboldeneth , or confirmeth any , in an evil course ; the Particulars hereof were mentioned above , under that Head. 7. There was hereby a stone of stumbling laid before the Rulers , for they were hereby encouraged to proceed in their Encroachments upon Christ's Prerogatives , and on the Privileges of the Church , when they saw their contrivances for that end so sweetly complied with , and heard nothing of a Plaine , Direct , Apposite and Intelligible Testimony given against them , and their proceedings . 8. There is a stone of stumbling hereby laid , before the Posterity , in all time coming ; for if the Rulers shall follow this course , & suffer no Minister to be setled any where , but as they please , & shall plant , & transplants as they please , without any regarde had either unto the free Call of the people , or the Trial or Examination & Ministerial Mission of Church-Judicatories , & prescribe unto them what Rules & Instructions , they think good ; what shall the Posterity do ? Will nor Intrants , in that case , willingly submit , and think themselves obliged to do so , having such a preparative before them ? 9. Will not this be an Afflicting and stumbling Consideration to any , that shall read the History of our Church ; when they shall there see , with what Courage , Faithfulness , and Heroick Resolution , the Faithful & Zealous Ministers of Christ , maintained by Petitions , Declarations , Protestations , Declinatures , and Sufferings of all sorts , the Power and Privileges of the Church , against all Incroachments and Invasions , made thereupon by King and Court ; and now shall see such a company of Ministers , upon such small Temptations , at least , as to hazard , complying with & submitting to more grievous Usurpations , that ever King Iames did attempt ? We no where read , that ever King Iames , notwithstanding of all the Supremacy , in Church affairs , and over Church-Persons and Officers , that was assumed by him , and attribute by Parliament to him , did exerte such a Supremacie over Church . Officers , or Ministers , as to plant them , & transplant them brevi manu , as he pleased . And is it not an heart-breaking thing to think , that now , when this Usurpation hath transcended all imaginable bounds , there should not only be no opposition made thereunto ; but even a peacable compliance with , and quiet submission unto the same , now in its exaltation ? 10. What a stumbling thing is this unto all the Reformed Churches , when they shall hear , that so many Scotish Ministers , who refused to comply with Prelacie , have yet submitted to such an exercise of Erastianisme , as is no where else to be found , through the whole Christian world , for any thing I know ? Where shall we finde the Magistrat , at his own hand Immediatly , planting and transplanting Ministers , as he will , fixing and limiting them , according to his minde ? Nay I doubt , if even in the Pala●inat , where this wof●l weed of Erastianisme did first grow , such an exercise thereof is to be found : or if it be , what a shameful thing is it , that the like should be found in the Church of Scotland , which the Lord hath honoured from the very beginning , to be tried and exercised , upon the point of Christ's Kingly Power , and Headship over his Church , beyond all other Reformed Churches ? Objections Answered . HAving thus shown how sinful the accepting of this Indulgence was , upon many accounts , it remaineth , that we remove out of the way what we conceive can be said , in the defence thereof ; to the end , we may give all Satisfaction possible . Obj. 1. May not the Magistrate , for ends known to himself , discharge Ministers to preach , for a time ; and thereafter permit them to preach ? And seing the Business of the Indulgence was but of this Nature , why might it not be acquiesced unto ? Answ. ( 1. ) That the Indulgence was some far other thing , is manifest from what is said : And beside other Particulars , fully spoken to above , this one may manifest the disparity ; That it is one thing to permit Ministers to exerce their Office without molestation ; and it is a far other thing to Appoint and Order them , to take upon them such or such particular Charges ; and to plant and transplant them , at their pleasure , and subject their Ministrie in its exercise unto themselves , by giving Injunctions , Rules and Prescriptions , to regulat them in the same . ( 2. ) We heard above , how Mr Calderwood and Mr Rutherford did account even that discharge a degree of Suspension , which is a Church-Censure , and consequently is to be inflicted only by those , who have the power of the Keyes . ( 3. ) Worthie and learned Trochreg , in his Commentary on the Epistle to the Ephesians Chap. 6 : V. 20. Pag. ( mihi ) 1122. proveth solidly , that this Power of discharging Ministers the exercise of their Function , doth neither agree to Heathen Magistrats ; nor yet unto Christian Magistrats , who , by their Christianity , have received no new Power or Right over Christs Servants and Messengers ; nor may discharge them from delivering their Message ; nor depose them , whom they could not ordaine ; nor stop their mouth , whose mouth they ●ould not open ; nor silence them , whom they could not send-forth to preach . ( 4. ) When the Magistrate silenceth , it must either be for a Civil , or for an Ecclesiastick Crime : If for a Civil Crime , he can only do this consequently and indirectly ? as Salomon removed Abiathar from the Priesthood , by banishing and confineing him to Anathoth . But then ( as Mr. Rutherfoord in his Due Right &c. Pag. 434. saith well ) he no more removeth a Minister from his Ministrie , than a Master Fashioner , a Sailer , a Plower , a Souldier , a Father or an Husband , from their Work and Respective Imployments , when he causeth imprison , hang or behead them for some Crime ; nor doth he at all remove him from the Ministrie directly , neither can he do it ; for that is a Church-Censure , and the Keyes are not committed unto him . Nor can he do it for any Ecclesiastick Transgression , wherein he is no competent judge : Nay nor can he indirectly and consequentially , in this case , remove any Minister from the exercise of his Ministery , where the Church is settled in her Power , except only Causatively , by Commanding the Church-Judicatories to do their Work first ; that is , first to iudge ; for in prima Instantia , he may not do it : or Corroborativly , by backing the Sentence of the Church-Judicatory with his Civil Sanction and Authority . Obj. 2. Though the Magistrate hath not Power to silence altogether , yet he hath Power to discharge the Publick Exercise of their Ministrie ; and againe , when he thinketh fit , to grant that Liberty unto them . Ans. ( 1. ) Though this were granted , it will not helpe , in the case of the Indulgence , wherein was some far other thing , than a meer grant of Freedome for the Publick Exercise of the Ministery , as is seen above . ( 2. ) Illud tantum possumus , quod jure possumus : We can be said to have Power to do that only , which we have right to do . Now , I would enquire , how it can be proved , that the Magistrate hath Power granted of God , to discharge the Messengers of Christ the free and publick exercise of their Ministrie , Directly , Formally and Immediatly ? ( 3. ) The Practice of the Apostles tels us , that such Commands are not lawful , nor to be obeyed ; for they preached publickly , where occasion offered , notwithstanding of the prohibition of the Magistrate . ( 4. ) The Magistrates lawful Power reacheth privat places , as well as publick places ; as D. Voetius maintaineth against the Arminians : If he may hinder an Heretick from preaching Heresie publickly ; so may he hinder him from doing it from house to house . And therefore , by the same Argument that he may hinder publick preaching , he may hinder the whole exercise of the Ministrie . Obj. 3. Our Second Book of Discipline Chap , 10. granteth , That Magistrates may place Ministers , when the Kirk is corrupted , and all things are out of Order : And so it is now with us . Answ. Yet it is added in that same place . [ That where the Ministery of the Kirk is once lawfully Constitute , and they that are placed do their Office faithfully , all Godly Princes and Magistrates ought to heer and obey their voice , and reverence the Majestie of the Son of God , speaking in them . ] And though our Divines grant , that when the Church is not Constituted , or is wholly corrupted , Godly Magistrates , after the example of some Godly Kings of Iudah , and diverse Godly Emperours and Kings also , in the Light of the New Testament ( as the words run in the place cited , in the Second Book of Discipline ) may do much more , than at other times : Yet I suppose , none , for shame , can make use of such a Concession now ; seing our Church was a Constituted and well ordered Church , and had all her Rights and Privileges ratified and confirmed by Law ; and all the Magistrates of the Land , from the highest to the lowest , were under Solemne Vowes and Covenants , to maintaine her Constitution and Order : And what could be more desired , in order to the settling of a Church ? Whence then the Confusion , that now is , is come , we all know . And when the Magistrates with their own hand overturne all , shall this Objection be made use of , to countenance their After-practices ? That were indeed to teach Magistrates a way , how to usurpe and take to themselves all Church-Power , Viz. Let them once , by Iniquity and Tyranny , break the Glorious Order of the Church , and bring all into Confusion ; and then forsooth they may warrantably assume to themselves and exercise all Church Power , according to their minde . Obj. 4. Hezekiah did apply his Regal Power to the Reformation of the Levites , and to the purging of the Temple 2 Chron. 29 : v. 5. and did also appointe the Courses of the Priests and Levites , every man , according to his Service 2 Chron. 31. So likewise did Iosia● 2 Chron. 35. Answ. Neither of these Kings did destroy the Order and Beauty of the Church , but reformed what their Predecessours had corrupted . Neither of these did take away the just and legal Power of the Priests , ( as our Rulers have taken away Presbyteries and their Power ) that they might exerce it themselves , as our Rulers do immediatly what Presbyteries should do , in the matter of the Indulgence . Neither of these Kings gave new Instructions , out of their own Heads , unto the Priests and Levites , that they might thereby formally subject the exercise of the Ecclesiastick Power unto themselves ; as our Rulers have done . But beside what hath been said to this before , I shall only subjoine the Answer of Worthie Mr G. Gillespie in his Aarons Rod Blossoming Pag. 138.139 . [ Hezekiah ( saith he ) in exhorting the Levites to sanctifie themselves , and to cleanse the Temple , doth require no other thing , than the Law of God did require Num. 8 : v. 6 , 11 , 15. and 18 : v. 32. Which Hezekiah pointeth at 2 Chron. 29 : 11. And why should nor the Magistrat Command Ministers to do the duties of their Calling , according to the Word of God ? As for his appointing of the Courses of the Priests and Levites , he did nothing therein but what the Lord had commanded by his Prophets 2 Chron. 29 : 25. The like I answere concerning King Iosiah ; for it is recorded that what he did , was according to the writting of David and Salomon 2 Chron. 25 : 4. and according to the Commandement of David and Asaph and Heman and Ieduthun , the Kings Seer Ver. 15 ▪ as it is written in the Book of Moses Vers. 12. ] thus he ; and thus wi●hall we see , how impertinent this is to the present purpose . Obj , 5. But what can be said of such of the Indulged , as were sent to their own Charges ? Several of the Arguments adduced cannot strick against them . Answer , Though some of the Arguments will not militate against them directly , yet the most part will. And further , let these things be considered , ( 1. ) That it was a meer accidental thing that they were sent to their own Charges , viz. because at that time they were vacant ; and so , had they not been vacant , these Ministers had been appointed and ordered either to go elsewhere , or not indulged at all . ( 2. ) They were not barely permitted to go to their own Charges , by rescinding the Act of Glasgow , or taking off the Sentence of banishment , by vertue of which they were put from the Actual Exercise of their Ministrie , in their own Congregations , which might easily have been done , if the Council had intended no actual Invasion of the Power of the Church ; nor had designed the Subjection of the Exercise of the Ministrie unto their own Authority . But ( 3. ) They get the same immediat Right to the exercise of their Ministerial Function , which others gote , who were ordered to other places ; and this Right is nothing but the Councils Order and Appointment . ( 4. ) And thus in a manner , their case is worse , than the case of such , as were sent to new flocks ; for upon the matter they did renounce their old right to the exercise of the Ministery , in those Congregations , where once they had been settled , according to the Order of the Gospel , and took a new Right from the Magistrate , and acted upon his Order . ( 5. ) And why may they not also repaire to the Presbyteries and Synods , upon the Councils Order , as well as to these Congregations , seing they had a right formerly , to exerce the Ministerial Function in the one , as well as in the other ; and the Magistrats discharge can no more invalidate the right to the one , than to the other ? Obj. 6. If it be a ground sufficient to reject the benefite of this Indulgence , because it is supposed to flow from the Supremacy , then much more might we refuse to preach , if the Magistrat should command it expresly by vertue of his Supremacy : And if this be yeelded , then it is manifest , that the Magistrate , if he had a mind to banish all preaching out of his Dominions , needeth use no other medium than onely tell the Ministers , that he commanded them to preach by vertue of his Supremacy . Ans. ( 1. ) We do not condemne the accepting of the Indulgence , upon a meer supposal , that it floweth from the Supremacy , having seen and manifested , what a real relation it hath thereunto , and dependance thereupon . ( 2 , ) Nor is its being a native result and proper effect of that iniquous , and usurped Supremacy , the onely ground whereupon we go , in condemning the acceptance thereof , there being many other Heads of arguments adduced against it , and such as prove it unlawful , as it was circumstantiat , though wholly abstracted from all Consideration of the Supremacy , yea and though granted and enjoined by a Church-Judicatory ; and though the Magistrate , in granting of it had expresly said , that he did not grant it by vertue of the Supremacy . ( 3. Yet I shall say further , That the Command to preach simply , and without Limitations , Restrictions , or sinful Conditions , cannot properly be said to flow from , nor to have such a dependance upon that Usurped Supremacy , as this Indulgence hath : For , to command Ministers to do their duty , in preaching of the Gospel , according to the command of God , belongeth to the power , which God hath granted to the Magistrates ; and so , natively floweth from his Office : But to set down Limitations , Restrictions and Conditions , regulating the exercise of the Ministrie , doth not so flow ; and when ●hey are such , as are opposite to the Rules of Christ , it must of necessity be by vertue of an Usurped and abused power : Whence it is apparent , that this Indulgence , containing such Limitations , Restrictions and Conditions , doth not , neither can natively flow from the Office of a Christian Magistrate , nor is an act of Lawful Magistratical Power ; as all will confess , who are not taught in Erastus's school . Therefore , though in the case of simple preaching , the injunction ushered-in with an express mention of the Supremacy , as its ground and rise , would be but a ridiculous scar-crow ; yet in this other case ( which is the case of the Indulgence ) it would be an open spreading of the net in the sight of the bird , & more than a sufficient warning for wise men to beware ( 4. ) Though a Command to preach , according to the Rules of Christ ; cannot be accounted to flow from this corrupt Supremacy , even though the Magistrate shall say so much , in plaine termes ; Yet a command to preach in this place , and not in another place , and to preach so and so , according to such Limitations , Rules and Prescriptions , and according to no other ( as it is in the case of the Indulgence ) may be said to flow natively from the corrupt Supremacy , even though the Magistrate should say in express termes , that it did not ; because it is done by an Usurped Power , viz. a power of judging Ministers Qualifications , of Ministerially sending them , of Regulating them in the exercise thereof &c. All which belong properly to the power of Church-●udicatories ; not to mention the spoiling of the people of their power of free Election . Therefore preaching , when simply commanded , cannot be condemned , even though the Magistrate should affirme , that the command is given by vertue of his Supremacy ; when the accepting of the Indulgence cannot be justified , though in the granting of it no mention was made of the Supremacy ; much less , if this were expresly prefixed . ( 5. ) The visible ends of Magistrates giving forth of commands , which may be knowne by several Circumstances , may do much to cleare and determine Christians , to obey , or not obey , and so a command , materially the same , may in some cases be obeyed , in some cases not . So that , when the Magistrate , manifesting his Intention to root-out the Gospel , shall command all Ministers by vertue of an Usurped Supremacy , to preach the Gospel , the material command may be obeyed , and yet the Magistrate frustrate of his Intentions : But when he commandeth a few , and onely a few , by vertue of his Supremacy , to preach here or there , as he pleaseth ; and upon such and such termes , as he is pleased to prescribe , and under such and such Limitations and Restrictions , as he is pleased to enjoyn , to the manifest hurt and detriment of the Kingdom of Christ , he is to be disobeyed , and frustrated of his pernicious ends . Whence we see , how different the cases are . ( 6. ) When the thing enjoined , and that expresly by vertue of the Supremacy , is not only Lawful , but Necessary by vertue of a command of God , as is the simple preaching of the Gospel ; the prefixing of the express mention of the Supremacy cannot alter the Nature of the duty , nor be any ground of laying aside the duty so injoyned . But when the thing injoyned is not only not necessary , but , as circumstantiat , is not Expedient nor Lawful , then the expressing of the Supremacy , as the ground of the command , is to be noticed , and may ex super abundante deterre from Obedience : Now this is the case of the Indulgence , as is cleared above . ( 7. ) If that supposed command of preaching the Gospel came forth to Ministers , already setled in their Ministrie , the mention of the Supremacie might be sufficiently delete , by a Protestation or Declaration of their preaching , and purposing to continue in preaching by vertue of Christ's Supremacy ; & silence as to this , I judge , would be dangerous : But if this command were given to such , who had been by violence ejected , and put from their work , and detained therefrom , until they should thus acknowledge the unlawful Supremacy of the Magistrate , I suppose there might be ground here for a demurre . Obj. 7. It seemeth then , you would not be for Ministers returning to their own Charges . if the Magistrat should grant such an Order or Permission ? Ans. ( 1. ) Either this Order or Permission would be granted with an expresse mentioning of the Supremacy , as its ground , or not : If the Supremacy be laid down as the ground , and nothing else in the circumstances be observable , to creat a scruple ; I judge it necessary , that even in that case a plaine and positive Protestation against that Supremacy be given in , that it might appear , they would not so much as seem to homologate that sinful Usurpation . ( 2. ) If no mention were made of the Supremacy , but only a simple permission granted to returne each to their own Charges ; than this liberty would either be granted to all without exception of any , or onely to some : If onely to some , I must needs say , that as matters now stand , I should think it should not be accepted , even though freed of many other clogs ; and that because , the wicked designe of further dividing the honest party , should hereby be made manifest and obvious , contrare to our Covenants ; and hereby , though the Persons themselves should be freed of trouble , and the Particular Congregations might receive some advantage , if withal freed of the Curats ; yet the publick good of the Church , which is preferable to any particular good , should be prejudged ; & the Rulers should be also confirmed in their Usurpations & Encroachments ; which by all meanes should be guarded against . ( 3. ) If this liberty were granted to all , then it would either be granted with a confinement to these bounds , or without it ; if the former were said , then the designe would be obvious , to stop the free course of the Gospel , and to prejudge other places of the Land of the benefite thereof ; ( for ●hough all the outted Ministers , now on life , were restored to their former Charges , many places would remaine void of faithful Pastors ) Now this should be guarded against , & that the more carefully at this time , when by Reason of the prevailing course of Apostasie , so great a part of the Land hath been drowned in Ignorance , and led away with a prejudice against the work of God : For every Minister of the Church of Scotland is bound before God , to do what in him lyeth to remedie this evil . If any should say , what can be more required of a Minister , at any time , than to be faithful in his particular station ; seing he hath no oversight over the whole Church , and he is not to carry , as an Apostle . I Answere , Every Minister hath a p●ior relation to the Church universal , and a neer relation to the particular National Church , whereof he is a Member ; and this Relation is antecedent to his relation to a particular flock , in order of Nature . And as in a Church well ordered and consti●uted , the edification of the whole requireth , that each Minister be particularly fixed , in the ordinary exercise of his Ministrie , to a particular Charge , with a capacitie to officiat elsewhere , as providence calleth : But in a time of general corruption , the edification of the whole body requireth , that Ministers ( when few ) be not restricted or limited to particular places , to the manifest and inevitable prejudice of the whole , or of the major part of the Church . Seing then providence hath n●w loosed these Ministers from the actual exercise of their Ministrie , in their respective paroches ; I think they are called to consider , how and on what termes they b●come fixed againe ; especially to see that their fixing be not to the undeniable prejudice of the Church National , and be not a virtual denying of their relation to the 〈◊〉 . Further , by this confinement they should be out of all capacitie to meet together for the exercise of discipline in Presbyteries and Synods , conforme to our p●inciples ; as also to ordaine a succeeding Ministery , and to provide for other vacan● places , which this time calleth for ; as also they should be out of a capacity to help others at Communions , according to our laudable custome , and to preachto such as are under Soul murderers , and Traitours to Christ and his Interest , in this day of de●ection . ( 4 ) If it be without this Confinement , then it will either be with some one or other of the Prescriptions , Rules , Instructions , and Conditions , with which the present Indulgence is clogged ; or not : If it be , then the same reasons that militat against the present Indulgence , upon that account , will equally militate against this . 5. If it should be free of all these entanglements and grounds of scrupling , I leave it to Christian prudence to consider ; Whether , as matters now stand , the Lord be not rather calling them to preach his name on the mountaines , seeing this way hath been so signally blessed of the Lord , and is daily more countenanced of him , than their labouring in their respective Particular Charges usually hath been ; and seing it is undeniable , that the Adversaries are not as yet really repenting of their opposition to the work of God ; and therefore , that any such permission ( if granted ) could not be supposed to flow from any love to the Prosperous progress of the Gospel ; but rather from the contrary , as is clear in the Indulgence already granted ; and to flow from a purpose to entangle and ensnare , yea and endanger both Soul and Body ; if not from a purpose , or designe to destroy all at once . Obj. 8. The benefite of freedome and liberty of preaching the Gospel , is so great , and the duty is so lawful and necessary , and of so great import to souls , that many things may be warrantably comported with , in order to the obtaining of it . Ans. I willingly grant the lawfulness and necessity of this important duty of preaching the Gospel : But I see not the strength of this Argument ; for the Gospel was never in bondes , except by our timorousness and sinful relinquishing of duty , because of a supposed Lion in the way . The Gospel might still have been preached , with no greater Inconvenience , than it was by the Apostles and others in the primitive times , and possibly with much more success , than it hath been done by the Indulgence . And every one may see , that the Indulgence was granted by such , as did not designe the Gospels advancement , but the imprisoning of the same rather with the preachers there of , both by confineing the Persons Indulged , and by hindering , so far as they could , the remarkable progress of the Gospel , in the blessed Assemblies , in Fields and Houses . This objection then can have no force , seing the Gospel was and might s●ill have been preached , without this Indulgence , though it is true , with less ease , peace , and quietness to the preachers and hearers ; yet , I am sure , with more inward quietness of mind , and acceptance with God , and with more ground of hope of a rich blessing to follow their paines , as experience hath proven : Unless it be said , that the Gospel should not have been preached , without freedom and liberty granted by the Magistrat ; and if this be said , not only shal all those , who have preached at Conventicles ( as they are called ) be condemned ; but even Christ himself and his Apostles , who preached to few Assemblies , but such as might have been called Conventicles , shall be condemned also . Obj. 9. The outed Ministers having hitherto groaned under Edicts , which they no otherwayes acknowledged , than by a submission purely passive , the present licence , abstracted from its offensive circumstances , is such a relaxation , that if onely limited to its rigide measures by casual impossibility , it would not be rejected . Wherefore unless it be proven , that the use-making of this favour doth Homologate with these exorbitancies , the rest is nothing material . Ans. The outted Ministers groaning under , and no otherwayes acknowledging than by submission purely passive such Edicts , as respected their Persons and Estates firstly , and Principally , can say nothing for an active submission unto such Edicts , as more neerly relate to their Office and Function ; or for acknowledgment of such Edicts , as are made and emitted by such , as act from a Principle of Usurpation , and in order to the strengthening of themselves in the same ; seing the difference is vast betwixt an Active and a Passive Submission ; and an acknowledgement herein , by an Active Submission , contributeth to the iniquous ends , proposed by the Supremacy , which is sufficiently confirmed by the Magistrat's projecting , in this offer made and accepted , his further Establishment in the Usurpation . ( 2. ) Hence we see , that this Licence , ( as it is called ) if not abstracted from its offensive circumstances , will be granted to be such a Relaxation , that though limited to its rigide measures , even by a casual impossibility , could hardly be accepted : And though in our imaginations , we may abstract Actions from their offensive circumstances ; yet in point of Practice of moral Actions , such abstractions cannot be made , as will salve Conscience ; seing it is confessed , that the morality of Actions doth much depend upon circumstances . ( 3. ) Though a licence so abstracted , and limited to its rigide measures by a casual impossibility , may be accepted : Yet , a licence , which cannot be abstracted from all its offensive circumstances , ought to be rejected . And though a Relaxation , made rigide by casual Impossibility , may be accepted ; yet that will say nothing in our case , where no casual Impossibility , but a moral transgression , cometh in consideration . A casual impossibility is such a restraint , as may quiet the Conscience , if so be it be not caused or occasioned by our sin ; but such hath no place here . ( 4. ) How the accepting of the Indulgence doth homologate with these exorbitancies , hath been seen above . Obj. 10. The Rulers did not assigne the Ministers to particular Charges by express Deputation , but only appointed them to repaire to the Paroches designed , permitting and allowing them there to preach and exerce the other functions of the Ministrie . Answ. We saw above , that by the Indulgence , there was an express Deputation , and a particular assignment , and a plaine warrant and licence granted . Hereby it would seem that none of these Indulged do look upon themselves , as proper Pastors of those places ; and so can take no Pastoral Charge of them : And if so , they cannot be offended , if the People owne them not as Pastors , but go and hear others , according to conveniency , and look upon them , as such , as are allowed to preach by the Magistrate , without molestation ; but not as having any Pastoral Charge over them ; and yet forsooth they must enjoy the maintainance of a Lawful Pastor : Which things cannot well hang together . Obj. 11. Though to yeeld to the Magistrat , onely appointing as in the Act , would be a sinful compliance , in a setled enjoyment of our Liberty ; yet after the ruineing overthrow , given to all Church her Liberties , the acceptance of something , in effect a Relaxation , however sinful upon the Granters Part ; yet on our part not burdened with sinful Conditions , cannot be condemned ; for the real Opposition of things and determination of events set the periods , according to which , that , which in the beginning of an evil Course , may be duty , in its prevailing and establishment , through change of circumstances , whereon its morality depends , may be impertinent . Answer ( 1. ) Though I yeeld , that a change of events may , in some cases , call us to the use of other meanes , more effectual , as matters then stand , for gaining our point , or for keeping our Rights : Yet to assert in general , that the Determination of events setteth the periods to moral Duties , seemeth to me dangerous , especially in our case , wherein the contest is not for our own Rights , Privileges , or Advantages ; but for the Prerogatives of our Masters Crown , and the just Privileges of our Mother , the Church , wherein we have no liberty to come and go , as in our own Particulars . ( 2. ) It is then confessed , that the Rulers , by this Indulgence , have made an Encroachment upon the Liberties of the Church ; and that to yeeld unto this appointment had been a sinful compliance formerly , when the Church was in possession of her Liberties , even though the Appointment had not been so burdened with sinful Conditions , as now : Hence we also see , that even this Usurpation is inconsistent with the Churches Liberty , and that it is no maintainance of this to yeeld to the Usurpation . ( 3. ) Then it must be said , that all our former Engagements , to maintaine the Prerogatives of Christs Crown , and the Privileges of the Church , are now so far annulled , by the overthrow given to both by the Rulers , that we may freely comply with them in that , which formerly had been a betraying of all : This , I confess , would open a door to a large compliance . When a ruineing overthrow was given to our Civil Rights and Government , by an Invading Enemie , the very acceptance of what in effect might have been accounted a Relaxation , was by men accounted a treasonable Compliance , and accordingly punished , at the Kings return ; and shal we carry thus in sublunary things , which are both alterable in themselves , and under mens Power ; and yet be less Zealous and more Indifferent , in the Matters of Christ , which as Christians we are obliged to owne ; and by the Supervenient Obligation of Vowes , Oaths and Covenants engaged to maintaine , as well against Erastians , as against Papists , Prelates and Malignants ? ( 3. ) This Assertion will condemne the Zeal of our Forefathers , as not being according to knowledge , nor morally good , according to the change of circumstances , and periods , set by the determination of Events . Yea if this be a fixed Rule , that such a change of circumstances will make it impertinent , yea and sinful for us to refuse to do that , which , while matters were entire , had been a sinful compliance ; how much more will it make it impertinent and unlawful for us to endeavoure a change : For if it alloweth a compliance , which in so far confirmeth the Usurper , in his unjust Possession , after the ruineing overthrow given , it will certainely not allow of any Opposition . ( 4. ) I grant , when a Robber hath spoiled us , we may lawfully take part againe , rather than lose all ; or when an Invader overrunneth the land , and spoileth us of all our former Privileges , we may receive some againe , though when matters were entire , it had been a compliance to have done so : But that will not answere our case ; because we have more Power over our own Particulars , than overChrists Matters : we may in some cases voluntarily give all our own away ; but we cannot do so , in the Matters of Christ , and of His Church : And therefore , what at any time would be a sinful compliance , or an unlawful giving away of Christs , and the Churches Rights , cannot be lawful , even after the Enemie hath overthrown all . ( 5. ) I grant likewise , that after an Universal overthrow of the Privileges of the Church ; we may lawfully accept of little , when more cannot be had ; yet that little must be such , as was not unlawful , at any time , to be accepted of ; and we must accept of it , in another manner , than could ever have been accounted a sinful compliance . ( 6. ) Though what is said in the Objection might have some weight , when that thing can be had no other way , than such , as would formerly have been accounted a compliance : Yet it can have no weight , in the case of the Indulgence ; because liberty to preach ( which is here called a Relaxation ) may be had without this appointment of the Rulers , and that with no less countenance , and approbation of God : So that in the Accepting of the Indulgence , there is a needless compliance with the Usurper , and an unnecessary confirming of him in his wicked Usurpations . Obj. 12. That , which in the case of standing Liberty , would be an insufferable Imposition , and its refusal , duty , may , as it is from God , in the case of lost Liberty , be looked upon , as a little reviving in our bondage , and embraced with a sinless Submission ; and he , who thus humbly and sincerely layeth hold on it , may be very assured of the Lords Approbation therein . Answ. When a people have been following their Duty , in defence of their Lands and Liberty , and are in Providence broken by an Enemie ; their Posterity , or even they themselves , may willingly submit to , and lay hold on that , which formerly had been an insufferable Imposition , and might have been justly refused ; but then they must have had no sinful hand , in the loseing of their Liberty , otherwise it shal be but a continued compliance ; and we must suppose , that they are now out of case to owne and contend for their Liberty . Which holdeth not , as to the Indulgence ; for as there was a sinful cedeing at the first , in not resisting unto bloud , striving against these Usurpers , by Protestations , Declarations and other Meanes called for , in the like case , whereby this acceptance becometh but a continued compliance , on the matter , in the same Persons : So the manifold Obligations we are under , binde unto a constant and perpetual contending for the Prerogatives of our Prince , and the Privileges of his Church , against all the Enemies thereof : And no case of lost liberty will warrant us , to submit , or accept of that , which formerly we were bound to have refused , and to have looked upon , as an insufferable Imposition . What may be said of the Posterity , born and brought up under that loss of Liberty , cannot advantage us in this Generation , who , when we can do no more , are obliged to transmit the Controversie of Zion , and the Cause , as in foro contradictorio , to the Posterity ; that they may see the Cause , though not prevalent , yet not quite sold and given up ; and so may serve themselves heirs to our Contendings for the Interest of our Lord. And for this cause , ought we to be tenacious of these Rights , and do nothing that may strengthen our Adversares , and weaken our Cause : and this , I suppose , would yeeld more peace , than the accepting of that , which is called a little reviving , but indeed is a weakning both of the Cause , and of our Party . It is laudable Constancy , in this Case , not to yeeld or grant one hoof : But what pusillanimity , yea and treachery will it be , by cedeing and accepting of such supposed revivings , to put ourselves and our Posterity out of all case to recover our Liberty , and to burie with our own hands the very memorie of the good old Cause , for which our Predecessours , and we sometime , have contended with Zeal and Earnestness ; especially when , we may have the same thing , which is called a reviving in our bondage , another way , with Approbation of God , with less Scandal to others , with more Advantage to the Cause , and less Advantage to the Enemie , though with more trouble and less quiet to our selves ? Obj. 13. Though the Magistrats principal Designe , in this matter , be the Establishment of his own Supremacie : Yet the accepting of this favour cannot be so much as an Interpretative yeelding thereunto , as may be clear by this Supposition , that the Magistrate , without any change of Principle or Designe , had ordered all Ministers to their own Churches . Answ. ( 1. ) This being confessedly the Magistrat's principal Designe , in granting this supposed favour , our acceptance cannot but be accounted by him a reall contributing of all , that is required of us , thereunto ; and as it was circumstantiat , could not but be , on our part , even because of what the Magistrat did rationally account to be unto him , a virtual acknowledgment , and a reall Confirmation thereof . ( 2. ) If the sending of the Ministers to their own Congregations , had been by a Civil annulling of the former Sentence of Banishment , as it could not have flowed from the Supremacy ; so neither could it have contributed unto his Usurpation : But if the sending of them to their own Charges had been every way , after the manner of this Indulgence , it would not have altered the case to me ; for as I said above , his re-entrie to his Former Charge , after this manner , would have been a virtual annulling of the Ground of his Former Call , and Interest in that place , and over that People , and not a returning with full Freedome and Liberty . Obj. 14. The Magistrat proposing this Indulgence by way of Command , not attending my pleasure , my obedience to the Command cannot imply an engagement to the Prescriptions annexed ; nor doth the Magistrat discover the least Intention , to oblige me thereunto by consent ; nor is in this matter treating with us , expecting our formal consent for his security ; and therefore I may accept the favour , without the prescriptions , there being no formal Compact here . Answ. ( 1. ) Though the Indulgence be propounded by way of Command , the Council thinking it below them to Act otherwayes : Yet both the Nature of the thing , and the concomitant Acts , made of purpose , to Limite , Restrict and Qualifie the thing proposed , and to Instruct and Oblige the receiver , saith , that the accepting of the First doth virtually engage to the Second , both making up one complex grant , or one Indulgence so qualified , limited & cautioned . ( 2. ) Though the Councel did not call for any formal and express engagement from them , unto the performance of these Injunctions ; yet their carriage towards Mr. Blair , upon hisPositive renounceing of these Injunctions , sheweth , that they meant these Injunctions for Conditions ; & this also they expresly declared in their after Proclamations & Edicts , as we saw above . ( 3. ) Who accepteth a favour , offered with its burdens , must accept it cum onere , howbeit the offerer , being a Superiour , doth not expresly require an explicite Consent , but resteth satisfied with his own Intimation : As when a Father granteth to one of his Children such a portion of Land , and withall ●ntimateth , that it is his will and pleasure , that he take on him the burden of so much d●●t ; though the Son should not be required to express his consent to the Condition of the Debt ; yet his accepting of the benefite thus burthened , obligeth him to take on the Debt : So here , because Mr. Blair did disowne the Conditions , though his formal Consent was not required , he was denuded of the Benefite ; and therefore the rest took the Benefite with its burden ; and could not , while accepting the favour , account themselves free of the Conditions , or not-obliged to performe them , seing in accepting the one , they accepted the other , both making up one complex business . Wherefore , though this Indulgence be given by Magistrates , who love to act imperiously , and by way of Edict ; yet it being granted as a favour , the accepting of it , both as to the thing it self , and as to the sense and meaning of the Granters , includeth a virtual engagement to the Observation of the Rules and Conditions annexed . Obj. 15. Although the Magistrate had expresly prefaced his Supremacy unto the grant of this licence ; yet a Protestation on the accepters part against the same , would sufficiently have purged their use-making of the favour , of all sinful concurrence . Answ. ( 1. ) Though this were granted ( which yet cannot be ) yet it cannot avail the accepters , who made no Protestation . ( 2. ) Though no mention was made of the Supremacie ; yet the accepting was so foule , upon many other accounts , that no Protestation against the Supremacie , if mentioned , could have salved the matter , as we saw above ; and their after acceptance would but contradict their Protestation . Obj. 16. Though the Magistrat hath carried his Supremacy above the highest , yet he never judged the power of Order worth the assuming ; so that the allowing to preach mentioned in the Act , joined to permitting , and directed to none but to Ministers , antecedently ordained , cannot be a just ground of scruple . If the Magistrat had simply appointed every other Minister to his own Church , allowing him there to preach , to have offended at the word allowing , would have been an excessive niceness . Ans. Though the Magistrat never judged the power of Order ( strictly so called ) worth the assuming ; yet it may be thought , that he judged that power worth the assuming , whereby the Authority of the Ministrie , and the Exercise thereof , should be looked upon as flowing , and as derived from him : And Ministers were , I think , called to be careful and circumspect , lest by doing and accepting of any thing , they might interpretatively and virtually acknowledge and consent to this Power . ( 2. ) Though this allowance was granted to such , as had been ordained Ministers before , yet the same , flowing from the Supremacy , and being more than a meer permission , could not but import their deriving of a power to exercise the function , in such a place , from him ; and so prove a most just and weighty ground of scruple . ( 3. ) Nor will the supposition of his sending every Minister to his Church , wholly take away the scruple ; for his simple annulling of the prior Act at Glasgow , would have been sufficient for that end ; but when , instead of this , he not only did say , he permitted them to preach againe to their former flocks ; but also that he allowed them , and that after he had invaded the Throne of Christ , and assumed to himself the Fountaine of all Church power ; so that both as to the exercise of the Ministrie , and as to the exercise of it in such a place , they should depend on him , I think there should have some ground of scruple remained : For might it not be thought , that by their ready acceptance , without a previous , full , faithful , plaine and publick Declaration and Protestation , they had now derived their power from another Head , than formerly , and stood now upon some other new ground ? And in this case , I should think , that offending at the word , allowing , were the kindly work of a tender Conscience , zealous for the Glory and Interests of Christ , and careful of the credite of the Ministrie ; and no excessive niceness . Obj. 17. The Ministers Indulged do above all things owne their Masters Ordination , as the only proper foundation , whereupon the exercise of their Ministrie , by the permission of this licence , doth subsist . All the regarde they have to the Magistrats allowance , is , that they look upon it , as the removal , de facto , of his unjust restraints , hitherto Invincible . And neither by forme of acceptance , nor by engagement , do they in any sort acknowledge any of the Magistrats wrongs ; but are ready by a plaine declaration to purge themselves , even of the suspicion of a simple acquiescence . Ans. ( 1. ) I shall willingly yeeld , that the Persons concerned do owne their Ordination ; yet we must distinguish the Intention of the work , and the Intention of the worker ; though they may have no Intention of invalidating their prior Ordination ; yet their accepting of the Indulgence may virtually include this ; and so their Practice may contradict their Principles . ( 2. ) Their Masters Mission is onely their proper , sure and solide Foundation , whereupon the exercise of their Ministrie should subsist ; but is it not manifest , that the accepting of the Indulgence doth virtually say , that as to the Ministrie they depend upon the allowance of Men ; yea of those , who assume to themselves an Headshipe over the Church , and a Fountaine-power , from which this Exercise must natively flow , and be derived . ( 3. ) These restraints of preaching the Gospel were not invincible Physically , nor Moraly : Neither were any such restraints , as such , formally removed , nor a pure permission granted . But the Indulgence contained an Authoritative Enjoining and Warranding , as also a Qualifying , Restricting , and Regulating the exercise of the Ministrie ; and all this in prosecution and confirmation of an Usurped Supremacie ; and this was a far other thing , than a removal de facto of a former restraint . Now their Subjection unto this Incroachment , testified by their accepting of the Indulgence , so conveyed , is much more , than the acceptance of the benefite of a bare Permission : And all know , that they might have exercised their Ministerie , without this Indulgence , to the Glory of God , the Edification of the Body , the Confirmation of the Principles of Truth , concerning the Ministrie , the Defeating of the corrupt Erastian Designes of the injuriously incroaching Magistrates , and to the offence and scandal of no Person . ( 4. ) Though they do not expresly and in terminis acknowledge any of these Wrongs ; yet , by their accepting of the Indulgence , so conveyed , as is said , they may virtually and upon the matter acknowledge this : and their plaine Declaration to purge themselves , will be but a contradiction to , and a condemnation of their own deed , because the Imposer can only put a sense and gloss upon his own Injunctions ; and the granter of a warrand and favour , on the same ; and in his sense it is , at least virtually , accepted by all , who accept of it , if plaine dealing be owned ; and I suppose Ministers , while dealing with the Council , should not walk upon fallacies , or mental reserves , or on what is equivalent . Obj. 18. The accepting of the Indulgence did Import no subjecting of the Ministrie to mens arbitrary Disposal , but only a subjecting of the persons , or rather an acknowledgment , that the persons are already in subjection , which by our long silence & sufferings is too apparent : But if we have hitherto thus contentedly acknowledged this , to the restraint of our Ministrie , shall we now be so unhappy , as to wrangle about it , in prejudice of a relaxation ? Ans. ( 1. ) The act of Indulgence did not only mention Ministers repairing to such or such places ; but spoke likewise of the exercise of their Ministrie , which it allowed them , and for which prescribed several Rules and Injunctions , limiting and regulating them , in the same ; & though this did comprehend a subjection of their persons also ; yet it is by vertue of a prior Subjection of their Ministrie , as being made liable to punishment for not-observing the Rules and Injunctions prescribed . ( 2. ) These sufferings indeed declared a subjection of their persons ; but their silence shall be found ( I feare ) to have done more ; And their former sin can be no ground to justifie their prese●t practice , in accepting of this Indulgence , which instead of being a relaxation , is a further wreething of the yoke about our necks . A Vindication of such , as scruple to hear and owne the Indulged . Considering what is said above , both in the Relation , and in the Reasons against the accepting of the Indulgence , whereby the manifold iniquity thereof is manifested , it might seem wholly unnecessary and superfluous to vindicat such , as , beginning to discover the evil thereof , do scruple to look upon those , who are set over them by the Council , as their Ministers , set over them by the Holy Ghost ; seing it may rather seem strange , that any , who adhere to our former Principles , are of another judgement ; and that Conscientious Persons did not from the beginning withdraw from them Yet for satisfaction to all ( so far as is possible ) the grounds of our Vindication of such shall be proposed , in a few questions . Only it would be premitted , in what sense we take the question : And therefore . ( 1. ) I do not make this the question . Whether or not these Indulged Ministers , are true Ministers of the Gospel , or ought , in any case , to be acknowledged , & looked upon as such ; for in order to our Vindication of such , who withdraw from them , it is not necessary to assert this ; for in order to the Vindication of such , as withdraw from the Prelates Curates , as we do not , so we use not to say , That they are not Ministers , knowing that by saying this , we are engaged consequently to say , that all the Children , whom they have baptized , are yet unbaptized ; and that all their Ministerial Acts are null . Nor ( 2. ) Shall I make this the question : Is it not simply unlawful to hear them ? For in order to Vindicat the withdrawers from the Curates , we need not assert this , knowing that much more is required to make an action simply sinful , than to make it inexpedient , or unlawful ; and if it were granted , that the hearing or owning of the Indulged , as matters now stand , were unlawful , or inexpedient , the With-drawers would be sufficiently vindicated . Nor ( 3. ) Do I propose this question , whether or not , they may lawfully be heard , at any time , or in any circumstances ; as for example , if there were no other to be heard , in all Scotland ? For I judge , if no other were to be heard in all Scotland , except the Prelates Curats , many would not scruple to hear such of them , as were not openly flagicious and profane , or notoriously ignorant ; who , as matters now stand , do , and that with Approbation . ( 4. ) I do not think , that such , as are against this withdrawing , will say , that it is necessary , that these Indulged be heard and countenanced , at all times and occasions ; and that never , or in no case , such , as are under them , may go and hear others ; seing this was alwayes allowed and permitted , in our best times . But I shall simply propose the Question thus . Whether may not people lawfully , as the case now standeth , withdraw from those Indulged , whom the Council hath set over them by the Indulgence ; or are they to owne them , and submit unto them , as over them in the Lord , and as set over them , to be their Pastors and Overseers , by the Holy Ghost ; even when there are others , against whom such Exceptions cannot be made , as against them , and whom the Lord doth own and countenance in a remarkable and wonderful manner , to be heard ? Or , whether are such to be condemned , or approven and vindicated , who look upon themselves , as called of God to bear witness against all the sinful Usurpations , manifest in the Indulgence ; and the many evils , in the accepting of it , and in the now acting by vertue thereof , by withdrawing from such , that they may hear and countenance others , who preach upon Christs Call , and not according to Mans Order , but contrary thereto ? This being the Question , one might think it strange , that there should be any necessity to Vindicate such , as now withdraw , considering what is said above : Yet in Order hereunto , I shall but , in a few words , propose these following Questions , to the Consideration of any , who are of another judgment , in this matter , As. 1. Seing by what is said under our First Head of Arguments , it is manifest , that the Indulged , in and by the accepting of the Indulgence , have wronged our Lord Jesus Christ , who is only Head of the Church , and King in Zion ; and that in Nine several Particulars : ( every one of which might be made use of , as a several Argument , to our present purpose . ) How can any blame such , as , out of tenderness to the Royal Prerogatives of Jesus Christ , scruple to owne , and hear them , as formerly ? 2. Seing by the accepting of this Indulgence , the Indulged have receded from our Presbyterian Principles , and wronged the Interest and Privileges of the Church , which Christ , her only King , hath granted to her ; and that in five several Particulars , ( out of which particular Arguments might be framed severally ) as is clear by what is said under our 2 Head of Arguments . How unreasonable is it to condemne such , as , out of a tender care to adhere to their Presbyterian Principles , dat not owne and hear such , as formerly ? 3. Seing in Ten Particulars , mentioned under our 3. Head of Arguments , it is made manifest , that the Indulged , by accepting of the Indulgence , have , upon the matter , homologated the wicked Supreamacy , in Church-affairs , whereby our Lord is virtually dethroned , and His Church utterly robbed of her Spiritual Power and Privileges : How can we condemne such , who , in detestation of that Supreamacy , and Usurped Power , withdraw from them ? 4. Seing by our Principles , the Free Election and Call of the People , giveth ground to the relation , that a Pastor hath to a Flock , as his Charge , and is the way , how the Holy Ghost setteth men over Flocks , in ordinary : How can these be obliged to owne such for their Pastors , whom they never called , nor had freedom freely to Elect and Call ? And this is the case of not a few , yea in reality the case of all , who had others , than such , as had been their Pastors before , set over them ; for as for that image of a call , we have said enough above , and particularly , under our 4. Head of Arguments , to shew that it was of no force , and imported rather a prostituting of that Ordinance and Institution , to be subservient to the corrupt Designes of men , than savoured of true tenderness unto the Ordinance of Christ ; which should have led the way , in an orderly settlement , and not have been trailed at the heels of the Councels Order , with which in all Common Sense , it was incompatible , except by way of acknowledging and homologating the Councils Usurpation . 5. Seing as is clear from the Seven Particulars , mentioned under our 5. Head of Arguments , the Indulged , in their accepting of the Indulgence , have fortified and established Erastianisme , and Erastian Tenets ; how shall we condemne such , as withdraw from them , and rather hear and owne such , as adhere by their practice to former Principles ? 6. When we consider the Twelve Particulars , mentioned under our 6. Head of Arguments , ( several of which might be here made use of , as Distinct Arguments , if we designed not brevity ) whereby it was made manifest , how the Indulged , in accepting of the Indulgence , have acted to the great prejudice of the Church ; how can we imagine , that such are to be condemned , who withdraw from them , and countenance such , as are seeking and promoving its good , in the way , countenanced and approven of God ? 7. If we impartially consider the Twelve Particulars , mentioned under our 7. Head of Arguments , ( several of which also might be adduced here , as distinct Arguments ) whereby it appeared , how these Indulged , in their accepting of the Indulgence , have wronged our Cause , and departed from the grounds , upon which our Church is suffering ; we will see cause of approving such , as withdraw from them , as matters now stand . 8. Seing by what is said , it is manifest , that the Entrie of the Indulged unto their present Places , and Stations , is not consonant , but repugnant to our Former Doctrine , Principles and Practices , owned since the Reformation , and confirmed by our Oathes , Vowes , Covenants and Solemne Engagments ; besides the Testimonies given thereunto by the Sufferings of our Predecessours , and by our own Sufferings ; can we blame and condemne such , who dar not owne them , as lawfully entered into these places ? 9. Seing the Indulged have , by the accepting of the Indulgence , and acting by vertue thereof , in so far , departed from Former Principles and Practices ; and a difference ought to be put betwixt them , and other Ministers , who , through grace , have hithertill been preserved from stepping aside , whether to Prelacy , or to Erastianisme , in their Practices ; who can condemne such , as withdraw from the one , and adhere to the other ? 10. Is there not a great difference betwixt the ground , whereupon the Indulged do presently exercise their Ministerie ; and the ground whereupon formerly , before they embraced the Indulgence , they did , and others to this day do , exercise it ? Or shall we say , that it is all one , whether Ministers have the Ministerial Potestative Mission unto such or such places , over which they are set , from Presbyteries , authorized thereunto by Christ , which sometimes they had ; or have it from the Magistrat , no wayes thereunto authorized by Christ ; as now they have it only ? And if there be a difference , how can any condemne those , who cannot now owne them , as they did formerly ? 11. Seing the difference betwixt these two wayes mentioned , is great , and seing they cannot be compounded in one , nor lawfully made subordinat , the one to the other ; is it not undeniable , that these Indulged , betaking themselves now to the Magistrat's Mission , as they have done , have upon the matter , renounced their former Mission , which they had from Presbyteries , acting Ministerially under Christ ? And if so , can people be condemned , who do not , nor cannot , owne , and countenance them , as formerly they did ? 12. It being apparent from what is said above , on several occasions , that , as the Indulged did deliberatly shun to say , that they had their Ministrie onely of Christ , so they do now Act and Exerce the same , as receiving it not alone from Christ , by the Ministerial Conveyance of the Power and Authority to exerce it , which Christ hath ordained ; but either as receiving it from the Magistrat alone ; ( and if so , they cannot be looked upon as Christ's Servants , but as the Magistrat's Servants ; ) or from Christ and the Magistrat , as Collateral Heads and Fountains of Church-power ; ( but thus to speak were blasphemie ; ) or from the Magistrate , as directly subordinat to Christ ; ( which is the ground of all Arminian-Erastianisme ) How can Men be accounted transgressours , who in Conscience cannot owne them , as formerly they did , when they acted and exercised their Ministrie as receiving it alone from Christ , by the Ministerial conveyance of the Power & Authority thereto , through the hands of his Servants thereunto appointed ? 13. Is there no difference to be put betwixt such , as exercise the Ministrie in subordination unto , and in a dependance upon the Council , as being their Curats , & as accountable to them ; and others , who , as they are subordinat unto , so they owne their dependance onely upon Christ , in the way He hath prescribed , receiving Instructions only from Him , in His appointed way , to regulate them , in the Exercise of their Ministrie , and hold themselves accountable only to Him , in that way ? And seing it is manifest , that there is a very great difference ; Who can condemne such as withdraw from the Indulged , who have their Instructions , to regulate them in the Exercise of the Ministrie , from the Council , ( as was manifested above , ) as accountable only to them , and to such , as they are directly subordinat unto ; that is , the King ; and not from Christ Jesus , as onely Head of the Kirk ? 14. Seing by receiving the Indulgence , with their Instructions &c. the Indulged do , upon the matter , recognosce a Supream Head-Power over the Church , and Church-affairs , in the Magistrates , to the denying of Christ's sole Headshipe , and dethroning of Him ( as hath been , on several occasions , cleared above ; ) how can such be condemned , who scruple to owne them , in that case , or to countenance them , while they act so ? 15. Seing the Indulged , being set over the people , specially designed and appointed them by the Council's order , and not in the way appointed by Christ , can not be said to be set over these people , as their Overseers , by the Holy Ghost ; ( as hath been evidenced above ; ) how can such be blamed , who cannot owne them , as their Overseers , and as made Overseers to them by the Holy Ghost ? 16. Seing we have made it manifest above , that the entrie of the Indulged hath a manifold relation unto the Usurped Supremacie , in Church-affaires ; and that , as it floweth therefrom , is secured thereby , and dependeth in its legal being therupon , as its Charter ; so it contributeth to the strengthening , securing and encouraging of the Usurpation and seing this Supremacy and Sacrilegious Usurpation of the Prerogatives Royal of our Lord Jesus , and Subversion of the Rights and Privileges of the Church , is the Top-point of all our Defection , and the Center , into which all the Lines of our Apostasie concurre and agree ; can any , who would not joyne in this defection , and have a proportionable part of the guilt , charged upon them , give countenance and approbation unto those Indulged , whose entrie is so neer a kin unto that Supremacy ? Or can any , who desire to be free of all compliance with this abominable evil , carry towards those , who are now set over them by vertue of the Supremacie , as formerly ? 17. The Supremacy now regnant , and the grand National sin , being such an evil , as all , that would be keeped free of the plagues , that the same will bring upon the Land , must , in their places and stations , bear witness against the same : And seing Common people have no other way Patent or Practicable for them , to give this plaine and honest Testimony against this hainous Usurpation , in any publick manner , but by withdrawing from such , as are set over them by vertue of this Usurped Power ; can those be condemned , who , out of Conscience of their duty , zeal to Christ's Prerogatives , Care to keep their garments unspotted with publick regnant evils ; and out of a desire to minde their duty , in this day of so general a Defection , do withdraw from the Indulged , in order to the giving of this publick Testimonie , in their Place and Station ? 18. Seing by the Particulars , mentioned under our 8. Head of Argu. it is manifest , that the accepters of this Indulgence have thereby contributed to the strengthening of the hands of Prelates and Prelacie , which all are obliged by their Covenants , to endeavour , in their Places and Stations , to exstirpat ; how can such be condemned , who withdraw from them , while standing thus in a contributing posture ? 19. As upon the one hand , the disowning of the Curats is a disowning of the Prelates and their Power ; and a countenancing of them by hearing them , and submitting to their Ministrie is accounted by all ( as indeed it is ) a countenancing of Prelacy ; is not also , upon the other hand , an owning of the Indulged , and a Submitting to them and their Ministrie , a submitting to the Supremacy ; seing ( as is above cleared and confirmed ) the Curats ( at least such as , were ordained Ministers before the re-establishment of Prelacy , and have submitted thereto ) do no more depend upon Prelacy , as to the present exercise of their Ministrie , than the Indulged do depend upon the Supremacy , or on the Rulers , acting by vertue of the Supremacy ? 20. Seing the Act of Glasgow , banishing Ministers from their own Charges , cannot dissolve the relation , that was betwixt the Ministers , and their Flocks ; how can such , as stand still related unto their former Pastors , ( which is the case of some ) accept of others , set over them by the Council , & not withall homologat the Councils deed , and declare the former relation utterly dissolved ? 21. Seing the Indulged , in accepting of the Indulgence , have in several Particulars violated our Covenant-Obligations ( as was shown in the 9 Head of Argu : ) Can any be blamed for with drawing from those , who have so entered , in this day , when God is about to plead with the Land , for a broken Covenant ? 22. If all be obliged to resist & withstand Erastianisme , by the Solemne Engagment to duties ; what less can be expected of Common People , in their privat Stations , in order to an answerable walking unto this Engagment , than a with-drawing from such , as are set over them by a Power , purely Erastian ? And can such be thought to minde their Engagment in this particular , who willingly comply with the Erastian Command and Injunction , and accept of such , as are set over them by an Erastian-Order ? 23. Seing the Indulged , in accepting of the Indulgence , have receded from our Principles , and wronged our Cause as is undeniable by the Twelve Particulars , mentioned under our 7. Head. of Arg. ) can they be justly condemned , who now withdraw from them ? 24. Seing by accepting of the Indulgence , the Indulged have highly prejudged the good of our Church ( as is manifest from the Twelve Particulars , mentioned under our 6. Head of Arg. ) How can such be condemned , who refuse to countenance them , while thus stated in and by the Indulgence ? 25. Seing , as was cleared above , the Indulgence , was devised of purpose , to annul all Field-and House-meetings ; and seing it cannot be denied , that these Field-and House-meetings , being so eminently countenanced of the Lord , are also to be countenanced of Men ; can any say , that they , over whom the Indulged are set by the Council , are not obliged to withdraw from them ; and not withall say , that they are not obliged to waite upon these blessed Meetings , though thereby the Minister and other people , should be much discouraged ? And would not this be a manifest homologating and concurring with the Council , in carrying-on of this wicked Designe ? And how can such be condemned , who withdraw from them , who have , in accepting of the Indulgence , acted so prejudicially unto these blessed Meetings , as is evidenced in our II. Head of Arguments ? 26. Seing it is undeniable , and daily experience doth confirme it , that an admirably rich blessing attendeth the laboures of such , as preach contrary to Mans Law , upon Christs sole Warrant and Allowance ; what cruelty to Souls were it to say , that they , who have none to preach to them , but such as the Council ( none of the best discerners of Ministerial Gifts , nor endued with Power from Christ for that end , to try the Qualifications of Ministers ) hath set over them , must not withdraw from these , to seek their food , where God is giving it largly , and is thereby encouraging and inviting all to come ? We would , doubtless , think this hard dealing , were we , as to our temporal food , to be kept at a set sober diet , wherein we found little nourishment , and restrained from going to fattening and strengthening feasts . If it be said , That it is the peoples fault , that they grow not more under the preaching of such , as are set over them . I need not contradict it , for strengthening of my Argument ; but only say , if the blessing be withheld at home , though justly , because of sin ; let the people go where they may finde the blessing , of Gods free grace , notwithstanding of their Provocations , as others have found it : Let them go , I say , where free grace may prevent them . Nay , I think the Indulged themselves , upon this very account , if they desire ( as I would hope they do ) the Spiritual Edification of the people , should be●eech and obtest all their People , to go unto these richly blessed Conventiclers ; and desire these Conventicles to come and choise the most convenient place , in all their bounds , for a Field-meeting , that their people might partake of the good thereof ; and this Course ( if it had been taken ) would have , I think , endeared them more unto all , that feared God ; and had ( no doubt ) prevented much of this animosity that is , as I apprehend , betwixt them , and the Field-Preachers ; for it would have defeat the Designe of the Council , and have contributed to the carrying on of the Work of the Lord. 27. Seing all Persons stand obliged by their Covenants , to maintaine the Prerogatives of Christs Crown , the Rights of the Church , and Presbyterial Government ; how can they , who would make conscience of the saids Covenants , owne such , as are set over them , not according to the Principles of Presbyterian Government , nor in compliance with the Prerogatives of Christ , nor so as the Rights of the Church are so much as pretended to be observed , but in a way rather repugnant unto all these ; as hath been manifested above ? 28. Seing many of these Indulged have a relation to their own Flocks , from which they were thrust by violence ; and it will not be said , that what the Rulers did , in that matter , did utterly annul their relation ; How can they be related as Pastors to these Congregations , over which they are set by the Council ? We do not acknowledge or justifie Pluralities . And if they have not the relation of Pastors unto these new Charges , people are not bound to carry , as their flock ; and so may lawfully withdraw , and hear others , as well as them . 29. Seing It is manifest from what is said , that the Indulged , by accepting of the Indulgence , have , upon the matter , condemned all the wrestlings of the Church of Scotland , from the very beginning of our Reformation , against the Erastian Usurpations and Encroachments of King and Court , in the Dayes of King Iames , who yet , in the height of his Usurpations , and arrogate Supremacy , never did what the Council did , in the Matter of the Indulgence ; He never took upon him , to plant and transplant Ministers by himself , or by his Council immediatly , and onely : yea and have condemned all their sufferings to bondes , banishment & bloud , for the Privileges of the Church , and the Crown-Rights of Christ , the only King in Zion ; how can people , be pressed or urged , to look on such , as their lawfully settled Ministers , and be condemned for withdrawing ? Must not the compliers with them in this , be guilty of the same sin of spitting in the faces of all our ancient witnesses ; and saying , their Sufferings were for triffles ? Do not they , who do more , than ever these were tempted to do , and that without the least hesitancy , say , that these suffered as fools ? 30. Seing the entry of the Indulged by the Councils Order is such , as hath not a Parallel , in all the Christian world , for any thing I know ; for , no where shall we finde Ministers planted in Particular Charges , and transplanted from one to another , immediatly by the Magistrate : Yea I doubt , if Ministers were thus placed , in the Palatinate , ( now laid waste and desolat , in the righteous judgment of God , ) where the hemlock of Erastianisme first grew up ; can any blame the reformed Professours of the Church of Scotland , where that weed ha●h been cast over the hedge , with a solemne Vow and Covenant , never to owne it againe , in resenting this manner of Entry , by withdrawing from those , that are set over them , in such a singular and shameful manner ? 31. Do we not make use of this Argument against the Prelates , that they are chosen , named and deputed solely by the King , notwithstanding of that mock-election , made by the Chapter of the See , which must fall upon the person , nominated by the King , or be null ? But where is the strength of it now , when we admit of lesser Bishops , immediatly nominated , deputed , and impowered by the Council , notwithstanding of that mock-call by the people , and Election of the same singular person , which was said somewhere to be had ? 32. How can any blame such , as withdraw from those , who , by entering in at the door of the Indulgence , have made way for the wreathing of an yoke upon the necks of the Ministrie of Scotland , in all time coming , to the utter subversion of all Ministerial liberty , and of the Freedom and Privilege of the Church : For , if hereafter no man shall be setled in a Church but by the King and his Council immediatly , and every Minister shall be wholly at the disposal of the King and Council , to be planted , or transplanted , as they please , where were we ? And where should our Church-liberties then be ? And whom had we to thank for breaking the ice ? 33. If the Parliament , that carried on the Engagment Anno 1648. had thrust out a number of the Ministers , and thereafter their Committee had planted them elsewhere , up and down the Land , as they pleased ; I would ask such as were Ministers , in those dayes , and were against the Engagment , or were Members of the Assembly 1649. how such Ministers , as willingly would have obeyed the Orders of the Committee of Estates , and gone thither , where they were Ordered to remaine , had been looked upon , when the Engagment to duties was drawn up ? And whether or not lesser faults in Ministers , were not punished with simple Deposition ? If then such a fault , as this , had been so abominable then , shall it be so lovely now , that none may discountenance or withdraw from such persons , as have carried so , at this time ? 34. Is it not strange , that people shall not have liberty to withdraw from those , who by their way of entry , and carriage before the Council , have given such open and manifest Scandal unto the Church of God , and unto Strangers , unto Foes and unto Friends , at home and abroad , to the Rulers , to the Prelates and their Curat 's , to Good and Bad ; yea and unto all the Churches of Christ ; and have laid such a stumbling block before all the Posteritie ; as is manifested above , in the 12. Head of Argum. ? 35. When poor people , who have been hitherto in the dark , as to the evils of this Indulgence , both as to its Ground , Rise , Conveyance , Tendency , and designed End , beginne now to get their eyes opened , and to see its connexion with , dependance upon , and confirmation of the fearful Usurpation of the Supremacy ● what a griefe of heart is it to hear persons pleading against their withdrawing from such , when they see where they are , and how they cannot countenance such , and be free of all accession to the sinful strengthening and confirming of the Encroachments already made , and to the encouraging unto a further progress unto the same evil ? 36. When there is such a combination for upholding of this evil of the Indulgence , and several ( as is reported ) banding or covenanting together , to keep the Indulgence , in credite , or at least , not so speak against it ; how can such , as are convinced of the dreadful evil thereof , not think themselves called of God , to do their best against it ? And how can any be urged to hear and countenance them , who are Indulged , when the controversie is thus stated and prosecuted , without being also urged to approve of the Indulgence , contrare to their light : 37. Seing the Indulged , by their accepting of this Indulgence , did fall from their former zeal and steadfastness , in choosing suffering rather than sin , and have , upon the matter , condemned what formerly they approved of , and have approved that , which formerly they condemned , as we saw above , in the Six Particulars , mentioned and explained in our 10. Head of Argum. How can those be now condemned , who cannot owne them , as they did formerly ? 38. Do we not say , that Countenancing and hearing of the Curats is an Homologating and a virtual approving of their sinful way of Entry ? And shall not now , the Countenancing and hearing of the Indulged , be an Homologating and a virtual approving of their sinful way of En●y ? How then can such be condemned , who , out of a desire to be kept free of this sin , dar not countenance or hear them , as formerly ? 39. I would gladly know one Argument , that can be made use of to condemne now , as matters stand , withdrawing from and refusing to hear the Indulged , that either hath not been ; or may not yet be , with equal force , made use of , to prove it unlawful to withdraw from , & to refuse to hear the Established Curats ? And seing now none dar condemne such , as withdraw from the Curats ; why shall these be condemned , who withdraw from the Indulged ? 40. When the question is now so stated , by and among the people , as that countenancing and hearing of the Indulged , is looked upon , as an approving of the Indulgence it self , the people not knowing the use and practice of Metaphysical distinctions ; how can such be urged to hear and countenance them , who , by so doing , must look upon themselves , as approving what otherwise they condemne , contrare to Rom. 14 : 22 , 23 ? Many moe Arguments , may be gathered out of the several Particulars , we mentioned above , under the several Heads of Arguments ; but we shall satisfie our selves with these , at present , leaving the Understanding Reader to make his owne use of the rest , that are not made use of here . For further satisfaction , in this matter , to such , as would have Formal Arguments , I shall only say , That by what Arguments , Principally , we vindicat the People , their withdrawing from the Curates , by the same , mutatis mutandis , by changing or adding such words , as must be changed or added , we shall be able to vindicate the people their withdrawing from the Indulged . I saw lately a Vindication of the persecuted Ministers and Professours in Scotland , written by a faithful Minister of Christ , now in Glory ; and found that the Chiefe of these Arguments , whereof he made use , to vindicate the people their withdrawing from the Curats , were applicable to the question now under debate , concerning the hearing or withdrawing from the Indulged , as I shall make appear by these Instances . His first Argument Pag. 75. was this . They , who have no just Authority , nor Right to officiat fixedly , in this Church , as the proper Pastors of it , ought not to be received , but withdrawn from . But the Prelates and their adherents the Curats ( adde , for our case , the Indulged ) have no just Authority or Right to officiat in this Church , as her proper Pastours . Therefore they ought not to be received , but withdrawn from . All the debate is about the Minor , which he thus maketh good . They , who have entered into , and do officiat fixedly in this Church without her Authority and Consent , have no just Authority or Right so to do . But the Prelats and their Curats ( adde , the Indulged ) have entered into this Church , and do Officiat therein , without her Authority and Consent . Therefore they have no just Authority . The first Proposition ( saith he , and we with him ) is clear , and we suppose , will not be gainesaid by our Antagonists ; seing the power of Mission , of Calling & of Sending of ordinarie fixed Pastours , is only in the Church , and not in any other , as all Divines do assert . The Second is evident from matters of fact ; for there was no Church-Judicatory called , or convocated , for bringing of Prelats in to the Church ; ( adde , nor for setling of the Indulged over their respective charges ) all was done immediatly by the King and Acts of Parliament ( adde , Acts of the Coun●il ) without the Church . A practice wanting a precedent in this , and ( for any thing we know ) in all other Churches . He proposeth an Objection in behalf of the Curats Pag. 78. which I know the Indulged will use for themselves , to wit. They have entered by the Church . And his answer will serve us , which is this . This we deny , the contrare is clear , from confiant Practice ; for the Curats ( adde , the Indulged ) came in upon Congregations , only by the Bishop and Patron ( adde in our case , only by t●e Council and Patron ) who are not the Church , nor have any power from her , for what they do , in this : All their right and power is founded upon , and derived from the Supremacy , and Acts of Parliament , and not from the Church ; in which the Bishop ( adde the Council ) acts as the Kings Delegat and Substitute , only impowered there●o by his Law ( adde Letter ) So that the Curats ( adde , the Indulged ) having and deriving all their power from the Prelates ( adde , the Council ) cannot have the same from the Church ; none gives what he hath not . But. 2. The Prelats ( adde , the Council ) not being the lawful Governing Church , any , that enter Congregations by them , cannot be said to enter by the Church . Read the rest there . His second Argument is proposed Pag. 79.80 . thus . Those that receive and derive their Church power from , and are subordinat , in its exercise ▪ to another Head , then Christ Jesus , should not be received and subjected to , as the Ministers of Christ , in his Church . But the Prelates and their Curats ( adde , the Indulged ) do receive and derive their Church Power from , and are subordinat , in its exercise , to another Head , than Christ Jesus . The●efore they ought not to be received &c. The first Proposition will not be denied : He proveth the second thus . Those Officers in the Church , professing themselves such , that derive their Church-power from , and are subordinate , in its exercise , to a Power truely Architectonick and Supream in the Church , beside Christ , do derive their Power from , and are subordinat , in its exercise , to another Head , than Christ Jesus . But so it is , that Prelats and their Curats ( adde , the Indulged ) do derive their Church-Power from , and are subordinat , in its exercise , to a Power truely Architectonick and Supreme in the Church , beside Christ. Therefore &c. The Major is evident ; for whoever hath a Supream Architectonick Power in and over the Church , must be an Head to the same , and the Fountaine of all Church-power . The Minor is clear from the Act of Restitution ( adde , the Act Explicatory of the Supremacy . ) His third Arg. Pag. 8. is long , I shall cut it short thus , that it may serve our case . If Churches required by Law ( or , Act of Council ) to submit to Prelates , and to their Curats ( or , to the Indulged ) thus thrust in upon them , had their own P●stors set over them , conforme to Gods Word ; then it is no sinful Separation , for Churches , in adhering to their Ministers , not to receive , or submit to the Prelats and their Curats ( or , to the Indulged . ) But the former is true . Therefore &c. The truth of the Major is founded on this , That the obligation betwixt Pastor & People standeth , notwithstanding of the Magistrat's Act. And the Minor is true , ( I suppose ) as to some Churches , over which the Indulged were placed by the Council . His fourth Argument Pag. 90. will serve us ; It is thus . The way of the Curats ( Indulged ) entering into Congregations , puts a bar on our subjection to them , that we dar not owne them , for the lawful Pastors of the Church ; for as their entry is without the Church , and the way that Christ hath setled in his House for that end ; so they have come in on Congregations , in wayes , which we judge corrupt , and without all warrant from the Word of God , & the practice of the Primitive times . In search of Scripture and pure Antiquity , we finde , that Ordination ( adde , and Potestative Mission ) by Ministers , the Election and Call of the people , was the way , by which Ministers entered into Congregations , and not the Institution and Collation of the Bishop ( adde , nor the Warrant and Allowance of the Magistrat ) nor the Presentation of Patrons . He addeth . 1. This way of their entry by the Bishops Institution and Collation ( adde , the Councels Warrant and Order ) doth suppone that their Ordination ( adde , Potestative Mission ) doth not sufficiently impower them to the exercise of the Ministrie , ( adde , in that Particular Charge ) without a further licence ; which is contrare to the end of Ordination , and the Nature of the Ministerial Power , that by vertue of its ends , and the command of Christ , doth binde the Person , invested therewith , to its Exercise &c. 2. The Patrons Presentation , as it takes away the Peoples right of Election , so it suppones Ordination to give no right to the maintainance , or at least suspends it &c. His Fift Arg. is Pag. 91. thus framed , and may serve us , as to some . Many Congregations , into which the Curates ( adde , the Indulged ) are entred , are under a standing Obligation to their former Pastours ; not only on the account of the Pastoral Relation betwixt them , but for the Engagements they came under to such , in their call and reception of them ; which is not dissolved by any thing , we have yet seen ; Sure we are , the Magistrate cannot do it , &c. ( I hope , I need nor , in reference to the Indulged , mention what followeth , in answering of the Objection , taken from Salomons removing of Abiathar . His Sixt Arg. Pag. 94. is this . If Congregations have a just Right and Power of Electing and Calling of their Ministers ; than those , that come in upon them without this , are not to be esteemed their Pastors , nor to be subjected to , as such , by Congregations , but to be withdrawn from . But here it is so , &c. His Seventh Arg. Pag. 95. is this ; Hearing of , submitting to and receiving of Ordinances from the Curats alone ( adde , the Indulged ) and not from others , is enjoined by Law , and required , as the signe of our compliance with and subjecting to the Present Lawes , bringing in and establishing of Prelacy ( adde , Erastianisme and the Supremacie ) and other Corruptions , which we dar not owne . Hearing and receiving Ordinances from such , hath a twofold bar put upon it to us ; an unqualified Instrument or Object ; and the respect that by the Law it is made to have to the corruptions obtruded upon this Church , as the signe of our compliance with and subjection to these . The Command of God about hearing doth constitute the Object and Instrument ( what and whom ) we should hear : As we are not to hear all Doctrines , but these that are sound , so we are not to hear and receive all , that pretend to come in Christs Name , but those of whose Mission we have some rational evidence , at least , against which we have no just exceptions . This , as to to the Curats , ( adde , the Indulged ) is made out by the former Arguments . But beside this . the signe appointed and determined by Law , and required of all in this Church , is , that they not only withdraw from , and do not hear the Ejected and Non-conforme Ministers ; but that they hear and submit to Ministers , that comply with and enter into this Church , by Prelates ( adde , or by the Council ) which to us maketh ●earing , and receiving of Ordinances from them , a practical approbation of , and compliance with Prelacy ( adde , Erastianisme and the Supremacy ) and other corruptions contained in the Law , for such is the connexion betwixt the signe and the thing signified , that he that yeelds to give the signe , doth , in all rational construction , approve the thing signified . These are his Principal Arguments , used in defence of such , as cannot , go to hear and subject to the Curats ; and whether they will not as forcibly conclude against hearing of and subjecting to the Indulged , the Reader is free to judge . Objections Answered . If any should Object , whether in behalfe of the Curats , or in behalf of the Indulged . That they are Ministers of the Gospel , and therefore are to be heard , and Ordinances should be received from them ; for the Ministerial power giveth to the Persons , invested therewith , not only a right to preach the word , and dispense Ordinances , and maketh their Acts valide ; but it bindes them to the doing of those , and all others to submit to them , in the exercise of their Power ; as is apparent in all relations , and the mutual duties , that the Persons under them owe to one another ; So that if Ministers be bound to preach the Gospel , and dispense its Ordinances● , the people must likewise be obliged to hear , and receive Ordinances from them . To this objection he answereth ( and we with him , as to the case now in question ) denying the Consequence : For ( 1. ) The true state of the question is , whether we should receive and submit to them , as the lawfully Called and Appropriat Pastors of this Church ; which for the former Reasons we deny ; for although Intruders upon the Church be Ministers ; yet their Intrusion puts a sufficient bar on Peoples reception of and submission to them : wherefore in so far as hearing , and receiving of Ordinances from Prelatical Ministers ( adde , Indulged ) is , in our case , an acknowledgment of this , we refuse it . ( 2. ) Peoples obligation to submission to Ministers , doth not immediatly flow from the being of the Ministerial Power and Authority , in those clothed therewith , there are beside this , other things that must concurre , to the causing of this Obligation , which , if they be wanting , will make it void , or , at least , suspend it &c. If it be further Objected , in favours of the Indulged , That Eminent and worthie Mr Livingstoun , though he saith much against the Indulgence , in his Letter to his Parishoners ; yet he adviseth them sometime to hear Mr Iohn Scot , who was Indulged . I Ans I shall readily grant , that several were in the dark , at the first , in the matter , either through want of full information concerning many circumstances , which , if known , would have given greater light in the matter ; or through ignorance of the real Designe & Intendment of the Rulers , which afterward came more & more to light ; or through a fear , that Field-meetings should either cease , or be utterly suppressed ; & therefore judged it more safe for people to hear the Indulged , than either to hear none , or none , but the Curats . And though I do not certainly know , which of these grounds moved that Eminent Seer and Servant of Christ , to advise so ; yet , considering that in all that Letter ( to my remembrance ) he doth not speak of their going to the Field Meetings ( which I suppose none , that knew him , will think , that he was an enemie unto , ) I am apt to think , that the Apprehension he had of the ceasing of the Field-Meetings , at least , in that part of the Countrey ( in which , I doubt , there had been any , or many , at least , before his writing of that Letter ) did move him , to advise them sometimes to hear that Indulged Person , as judging that better , than that they should hear none , or none but that wretch , who was obtruded upon them ; and as supposing , he would not pervert them by his Doctrine , but would give free and faithful Testimonies unto the Truth , and aga●●st all publick Corruptions . Further , I suppose , it is well enough known , tha● 〈◊〉 the first , not a few Ministers were in the dark , as to the question of hearing of the Curats , and upon one ground or other , did not perceive , that peop●e were called of God ; to withdraw from the obtruded Hirelings , & so durst-not positi●ely advise thereunto ; who now , I hope , will be as loath to advise people to forsake other occasions , and go hear the Curats , And what wonder if the matter was so , as to the Indulged , Seven or Eight yeers ago ? Obj. 3. But , till of late , that some few inconsiderat Persons , took this in their head , to preach against the Indulgence , and to cry-out against the unlawfulness of hearing of the Indulged , as if that had been the only thing necessary ; for which many even of the Non-Indulged are offended with them , there was not so much as a murter heard , but people heard the Indulged without scruple , and were edified by their Ministrie . Ans. The Curats might alleadge the same , as well as the Indulged ; But , as it would not help them , so I suppose , It can not well help the Indulged . Whether these Persons be considerat or inconsiderat , I am not fit to judge ; to their own Master they stand , or fall ; only I wish , that such , who call them Inconsiderat , would examine their grounds , & remember that , judge not lest ye be judged &c. If this be founded upon some expressions of theirs ( whether true or false , I know not ) I wish that the Expressions of others gave not ground for the same judgment . I know , not a few are offended with them ; but considering what is said above , concerning the sinfulness of the Indulgence , &c. I dar not be offended with them ; ( & I would faine hope , that second thoughts of the matter shall worke a change on these Brethren ) But must rather blesse the Lord on their behalfe , & judge them worthie of praise , who , over the belly of so many discouragments , did set the trumpet to their mouth , to shew Scotland , & the Ministerie , and People thereof , that great sin : and this , I know , is con●istent with their insisting upon the one thing necessary ; which I hope also their practice declareth , and the fruits of their labour proclaime . But as to the long silence , that hath been , I shall say little ; yet it is known , that at the very beginning , people were calling the Indulged the Councils Curats & how it came , that this spark did not break forth into a general flame , I shall not enquire ; acquiescing in this , That the Lord had a further discovery to make : For , had the first Ten , who were Indulged , been thus discountenanced , we had seen no moe accepting of that supposed favour ; yea the first accepters had quickly shaken that onerous favour off their shoulders . It may be also , that some suppressed their judgment , concerning the not-hearing of these Indulged , or did not countenance any such motion , when made , either out of a preposterous affection and tenderness to the Brethren , whom they honoured and much esteemed , and that deservedly , for their eminent Enduements , and sometimes Usefulness unto the Church ; or out of a tender care of keeping up of Union , and guarding against all motions apparently tending to troublesome Distractions & Divisions , or upon some other account , best known to themselves . Neither is it unlike , that many were really in the dark , as to the thing : But however , light is light , whoever they be that bring it to us ; and as God may Imploy whom He will , to this en● , so ; how inconsiderable so ever the Instruments be , who are imployed ; and whether they come sooner or latter , the light , when it is come , should be welcomed , because of Him , that sent it ; yea and embraced with thankfulness , and with humble submission . Obj. 4. All or most of the Non-Indulged , Faithful , and Zealous Ministers in the Land are for hearing of the Indulged ; and only a few , and these of the younger sort , with the ignorant people , are against it . Answ. Though I would hope , few should lay any weight on this Objection : and it were enough to desire such , who did lay any weight thereon , to consider Iob. 7 : v. 47 , 38 , 49. with Mr. Hutcheson's Notes thereupon , specially the 7. and 9. Yet I shall only say , That an Impartial Observer will finde , that for the most part , in all the steps of our trial , since this last overthrow came , God hath made use of the nothings to break the ice to others . Holy is our Soveraigne , who doth what He will. This might be made out by Instances ; but I suppose , the matter is so manifest , that I need not insist thereupon , the matter about hearing of the Curats ▪ being a sufficient evidence of what I have said . Obj. 5. Now when we are in hazard to be over-run with Popery , is it seasonnable , that such questions should be started , to breake the remnant in pieces ; and thereby to make all a prey for the man of sin ? Were it not better that we were all united as one , to withstand that Inundation ? Answ. I grant , the apprehensions of the Man of sins's stretching out his wings , & filling the breadth of Immanuel's land , seemeth to me not altogether groundless ; yea it is much to be feared , that by Popery and Bloud , the Lord shall avenge the quarrel of His Covenant , and the contempt of His Gospel : And therefore I judge , it were our duty this day , to be preparing ourselves to meet the Lord , thus coming to be avenged on a generation of His wrath , with ropes about our necks , giving Him the glory of His Righteousness , and acknowledging ourselves the basest of sinners ; that so we may be in case , to say , in the day , when the small remnant of the glory , that is yet to be seen on the mountains , shall depart out of sight , Blessed be the Glory of the Lord from his place . Our Union , while the accursed thing is among us , will be but a conspiracy , and will really weaken us before the Lord. If we be not tender of Christ's Headship , and of what depends thereupon , and of the least pin of his Tabernacle , pitched among us ; how can we expect His help , when we are to run with the horsemen ? Will they not have most peace in that day , who have been Jealous for the Lord of hosts , and for his Crown Interest - And who knoweth , but they shall finde a shelter and a chamber of Protection in the day , when he overflowing scourge shall come , who are now following the Lord , and his Glory , through Mountains and Valleyes , and are , upon that account , suffering Tossings , Hardships and Harrassings ? How little security , I pray , shall the wings of the Supremacie be able to give , in that day ? our Union in Duty , and upon the old grounds of our received and sworne Principles and Maximes , would prove our strength , But if this shall not be had , as then every one may certainly conclude , that there is a dreadful stroke at the doores , and that this division , upon such an account , is a certaine fore-runner of a dark and dismal Dispensation ; so , it will be every mans du●y , who would have peace , in the day of God's contending against a generation of Backsliders and Revolters , to be mourning for the abominations of the Land and for this of the Indulgence , among the rest , and to be adhereing to the Lord , and unto our Principles ▪ which the Lord hath owned and countenanced , though he should , in a manner , be left al●●e . Will not , I pray , many of these , who have complied with Prelacie , and with the courses , that have been carried on , profess an abhorrence at Popery ? And is this ground sufficient for us to think of uniting with them , notwithstanding of all they have done , that we may be the more fortified to withstand that torrent ? Alas ! this our strength will prove our weakness , Let us remember that Esai . 8 : ver . 11 , 12 , 13 , 14. For the Lord spoke thus to me , with a strong hand , and instructed me , that I should not walk in the way of this people , saying , Say not a confederacy to all them , to whom this people shall say , a confederacy : Neither feare ye their fear , nor be afraid . Sanctifie the Lord of hosts himself ; and let him be your fear ▪ and let him be your dread . And he shall be for a Sanctuary , &c. It were more sutable for us , to be considering that word Amos 4. v. 12.13 . Therefore , thus will I do unto thee ; and because I will do this unto thee , prepare to meet thy God , O Israel : for lo , he that formeth the Mountains , and createth the winde , and declareth unto man what is his thought , that maketh the morning darkness , and ●readeth upon the high places of the earth : The Lord , the God of hosts is his Name : And in order to a Christian compliance therewith , to be separating our selves from every sinful course , mourning for our former miscarriages , and utterly forsaking such wayes , whereby we have provoked the Lord to wrath . I shall close with that Zeph. 2 : vers . 1 , 2 , 3. Gather yourselves together , yea , gather together , O Nation not desired . Before the decree bring forth , before the day passe , as the chaff , before the fierce anger of the Lord come upon you , before the day of the Lord's anger come upon you . Seek ye the Lord , all ye meek of the earth , which have wrought his judgment , seek righteousness , seek meekness ; it may be , ye shall be hid , in the day of the Lord's anger : And let us all pray , Thy Kingdom come , and thy Will be done , AMEN . FINIS . Among the persons Indulged , Mr Anthony Shaw indulged to Loudown o● Newmile , and Mr Anthony Murray Indulged to Carmichall are omitted ; and possibly some others , through want of full Information , or through the neglect of Transcribers . 
A41175	----	A just and modest vindication of the Scots design, for the having established a colony at Darien with a brief display, how much it is their interest, to apply themselves to trade, and particularly to that which is foreign. Ferguson, Robert, d. 1714. 1699 Approx. 441 KB of XML-encoded text transcribed from 124 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A41175 Wing F742 ESTC R21931 12408814 ocm 12408814 61453 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A41175) Transcribed from: (Early English Books Online ; image set 61453) Images scanned from microfilm: (Early English books, 1641-1700 ; 276:13) A just and modest vindication of the Scots design, for the having established a colony at Darien with a brief display, how much it is their interest, to apply themselves to trade, and particularly to that which is foreign. Ferguson, Robert, d. 1714. Hodges, James. [31], 214 p. s.n.], [Edinburgh? : 1699. Written by Robert Ferguson. Cf. DNB.; Ferguson, J. Robert Ferguson the plotter, 1887, p. 333; and, A short vindication of Phil. Scot's Defence of the Scots abdicating Darien, 1700, p. 48. Attributed by some authorities to James Hodges. Cf. Halkett & Laing; Hazlit, W.C. Bibl. coll., 3rd ser., sup. Place of publication from NUC pre-1956 imprints. Marginal notes. Reproduction of original in Harvard University Libraries. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Darien Scots' Colony, 1698-1700. Scotland -- Commercial policy. Scotland -- History -- 1689-1745. Panama -- Colonization. Panama -- Discovery and exploration. 2004-06 TCP Assigned for keying and markup 2004-06 Aptara Keyed and coded from ProQuest page images 2004-07 Rachel Losh Sampled and proofread 2004-07 Rachel Losh Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion A JUST and MODEST VINDICATION OF THE Scots Design , For the having Established a Colony at Darien . WITH A Brief Display , how much it is their Interest , to apply themselves to Trade , and particularly to that which is Foreign . Sanctiora sunt Patriae Jura , quam Hospitii . ▪ Corn. Nep. in vit . Timoth. Nemo Patriam amat quia Magna est , sed quia Sua. Senec. Epist. 66. Printed in the Year , 1699. TO THE READER . THere being no Dedication of this Discourse ; a Preface is therefore not only the more allowable , but necessary . For how vain , as well as impertinent soever , they are deservedly accounted , who think either to recommend , or to cover , an unseasonable , useless and trifling Book , from Censure , Contempt and Ridicule , by their Emitting it under the usurped Patronage of a great Name ; yet it is to Treat those , into whose Hands Authors are ambitious to have their Papers to fall , and of whose good Opinion they are covetous , with Rudeness , as well as with want of Respect , not to afford them those previous Advertisements , and vouchsafe them the Lights which may let them decently in to what they are invited to Peruse , and serve both to obviate Misapprehensions of the Writer , and to prevent Groundless and Satyrical Reflections upon his Performance . And the endeavouring of the one and the other of these , is the more indispensably needful in the present case ; in that ( if credit may be given to vulgar Reports ) there are some advanc'd to Eminent Posts , and cloath'd with lofty Characters , who from Politicks peculiar to themselves , have declar'd their Opinions , and oracularly given forth their Decisions , concerning the Question hereafter Debated , as if they were Partizans of the King of Spain , rather than State-Councellors and Civil Ministers of His Britannick Majesty . For besides their having in their private Conversations not only question'd , but aspersed the Legality and Justice of the late Vndertaking of the Scots at Darien ; they are by their Friends , as well as by their Enemies , represented to have given both Encouragement unto , aud to have bestowed liberal Rewards upon , the unmannerly , little and despicable Writer of the Defence of the Scots Abdicating Darien . In which scurrilous Pamphlet , there are not only those intollerable Invectives against the whole Kingdom of Scotland , as well as against the Directors of their Indian and African Company , that are more calulated to exasperate that Nation , and to run them into disloyalty , than any ways adapted to allay their Resentments , and to quench their intemperate Heats under that misfortune ; but there are likewise such insolent assertions , and those bottom'd upon Brutal Ignorance , in relation to the Legitimacy of the Design to have Setled upon the Isthmus of America , that no Spaniard wou'd have had either the effrontery , or the ill breeding to have utter'd them . For , as if it were not enough for the Mercinary Scribler , to assume the impudence of affirming , that the Motives upon which the Proclamations were emitted in the English West-India Colonies , forbidding the Supplying , Relieving , and Assisting the Scots at Darien , or in any parts of America , where they should Settle , was because the Government of England would not be accessary to an Act , which the World might judge to be Felonious , p. 4. of his Epist. Dedicat. he takes the boldness to add afterwards in Terms that are most slanderous , as well as defamatory , p. 7. of the same Epistle , that their attempt of Planting on the Isthmus , was the Setling a Colony in another Man's Dominions , unless by vertue of their Presbyterian Tenet of Dominions being founded in Grace , the Scots , who are the presumptive Elect , pretend a Divine Right to the Goods of the Wicked , and so take upon them to cloath the Councellors of their Colony , with such another Commission , as God gave the Hebrews when they departed out of Egypt . Which Language tho' agreeable to the Education , Manners , Politicks , and Inferior Stations of Harris and D — 1 to have been the one the Belcher , and the other the Voucher of ; yet it cannot miss being esteemed extremely odd and incongruous , that a Person , who is not only a Schollar , a Gentleman , but a Minister of State , should be reputed to have both authorized the reproachful Falshood , and to have paid liberaly for the inventing and divulging of it . But the forwardness express'd by one in an Honourable Office ( and as is commonly said with Raptures of Joy ) in the speedy Communication to the Spanish Ambassador , that the Scots had abandonn'd Darien , would seem not only to insinuate his being possess'd with a greater Picque against the Kingdom of Scotland ( omitting at present all those further Instances that give evidence of it , which occur numerously enough both in the foremention'd Pamphlet , and in that other , Stil'd , The Defence of the Scots Settlement at Darien Answer'd , which are Publish'd under the Safeguard of his Countenance , as well as Vented and Sold with his Connivance ) than is reconcileable with the Duty of one in his Post under a Prince , who is no less King and Soveraign of that Nation , than he is of England ; but it doth also intimate a warmer concern for the Interest of the Catholick King , and for the having his desires , and the wishes of his Subjects complied with and gratified , than was either prudential for an English Secretary of State , or correspondent to the Zeal which a Person in his Station ought to have had for the Success and Prosperity of all and of every one of his Masters People in their Vndertakings , to have rendred himself obnoxious to the being charged with . Not to add how little and mean it was in it self , and what aversion from , and disaffection it proclaimed against the Scots , to have affected the Pleasure and coveted the Glory of being the first Author and Conveyer of that News to the forementioned Ambassador . Especially when transmitted to himself upon no surer Intelligence , than that such a Report being arrived at Jamaica , the Tydings thereof were dispatch'd hither by one who might be suspected the more credulous in believing it ; because it was that which out of Enmity to the Caledonian Colony he earnestly longed for and desired . Nor is it without a Pointed ( tho' but tacit ) Reflection upon a certain Gentleman's Conduct in this Matter , that the Writer of the Paris Gazette of Nov. 14. hath inserted in the Paragraph from Madrid of October 22. That il arriva ici le 14 ●n Courier extraordinaire des pesche de Londres par le Marquis de Canales Ambassadeur d'Espagne en Angleterre avec s'avis de l'abandonement de le Colonie de Darien , qui avoit este receu par un des Secretaires d'Estat & Communique a cet Ambassadeur , There had on the 14th an extraordinary Courier come thither from the Marquis of Canales the Spanish Ambassador in England , wish News of the abandoning the Colony at Darien , which one of the Secretaries of State having received , had Communicated to the said Ambassador . But there having been a Message delivered since by the same English Minister to the said Foreign Ambassador , which how ravishing soever it might be unto the former to Convey , could not be very joyous and delightful to the latter to Receive ; I shall only observe in relation to the diversity of the Matter , and the different relish between the said Message and the foregoing Intelligence , that there is sometimes a vast dissimilitude , betwixt what one may find himself obliged to perform in obedience to the Order and Injunction of a Master , who is no less wise in what he Commands , than Authoratative and Vncontrolable in the having it Executed ; and what the same Person may run himself into the indiscretion of Doing when not directed by a greater Prudence than his own , nor over-ruled by a Superior Authority . Which I do take the liberty the rather to suggest , in that it is too often the misfortune of Princes , to have even those Actions of their Ministers , of which they were not previously in the least conscious , and much less had enjoyned , to be interpreted as if done either in obedience to their positive Command and special Direction , or in order to humour their Inclinations and to comply with their Sentiments . There being but few Men in the World who render the Justice and pay that Deference to Kings , as to distinguish with that impartiality and exactness which they ought , between what Persons raised to Emenent Posts in the Administration , are to have imputed unto them as Acting in abstraction from their Offices , and as they come to be considered only Personally ; and what they are to be held accountable for as behaving themselves correspondently to the Characters which they bear , and to the Trusts which are repos'd in them ; and as they govern and regulate themselves in the several and respective parts of their Administrations , both in conformity to the Laws , and to the Measures of Biensance and Decency , which their Masters out of respect to their own Honour and Glory , as well as from Principles of Wisdom and Justice , are to be always suppos'd to require , as well as to wish , that they may neither trespass against , nor in the least deviate from . For as Monarchs and Soveraign Princes , notwithstanding the Innocence of their own Purposes , and the Righteousness of their Designs towards their Subjects and People , do seldom escape obloquy and blame , when they upon whom the execution and the exercise of their Authority is devolved , are found to offend against the Laws , which stand enacted and established to be the Standards and Boundaries of Governing and Ruling Power ; so it is hardly to be avoided , let Kings and Potentates be never so justly Celebrated , by reason of their own Wisdom , and the Mannerliness of their whole Royal Conduct , but that there will be found pevish and ill-natur'd People enough , ready to sully the Fame , and to detract from the Glory of their Prudence , in case they who are employ'd in the chiefest Offices of the State , are observed to over-look and forget the Rules of decency , and to trespass against the Forms of Civility and the Maxims of Discretion . And that what I have represented , may appear to have been said from a dutiful regard to His Majesty's Honour and Safety , let me be allow'd to set both the Cases in a clearer Light , by the Proposal of two Suppositions , whereof there are Proofs within view , to shew that they are not visionary and chimerical . For example , let His Majesty be never so Merciful , as well as Just , nevertheless it will be impossible , during a season wherein there is no suspension upon any Acts of Parliament , that his Government should escape the censure of being not only Rigorous and Severe , but Arbitrary and Despotical , if a Person trusted with Authority and Power of causing Seize and Apprehend such as are Informed and Sworn against to be Plotters and Conspirators against the Safety of His Majesty's Person , the Tranquility of his Government , or the Peace of his Dominions , should under that Cover and Pretence , so far contemn and trample upon the many and several Laws of England , which have been made for the preservation of the Liberty of English Subjects , as to cause Take up , and by his Warrants to confine under aspersion of High Treason whom he pleaseth , without the vouchsafing to mention in those Warrants his having received Depositions upon Oath specifying and importing the Crimes for which he Commits them . Which as it doth often prove to be the Ruining them in their Estates and Fortunes , as well as the scandalizing and blackning them in their Names , Credits and Reputations , thro' the charging them with the guilt of disgraceful and capital Offences ; so it is no less than the reducing and bringing the People of England into a state and condition of absolute and down right Slavery , by the making the Liberty of every English Subject , as well as of some , to depend precuriously , and at the same time entirely , upon the humour of him who assumeth unto himself the Exercise of such a Jurisdiction . Which makes me astonished , that they who covet to Act after this illimited and unconfined rate , are not more Friendly and Kind to Scotland , than they have hitherto chosen to shew themselves in that no more is required there , for the Empowering those in the Administration to throw Men into Prison , without their admission to Baile , or the being brought to Tryal , but that they do suspect them to be Seditious Disloyal or Traiterous . Likewise , let the King behave himself towards the Subjects of all , or of any of his Kingdoms , with never so much Condescension , Goodness , and Compassion , sincerely and joyfully congratulating their Prosperity , and Condoleing and Simpathizing with them under their Calamities ; ( as the King with great Tenderness hath lately done towards the Scots Company , thro' telling them in his Answer to their Address , that he is sorry for the Dammage which they and their Country have sustained in and by the Loss of their Colony ) yet none of all these things will be found sufficient to preserve him in the hearty Affections awful Esteem , and firm Confidence of those Subjects of such of his Dominions , who find their Nation made the object of the scorn , ridicule and contempt ; its welfare the motive of the Envy and hatred ; and their misfortune the matter and ground of the pleasure and delight of those , whom he hath honored with the first places in the Exercise of his Authority , and in the Administration of the affairs of State in whatsoever Dominion it be under his Subjection . However it may not be amiss to observe , that how discontented and clamorous soever the Spaniards have been , because of the Scots endeavouring to have setled at Darien ; and how unkind , as well as unassistent unto them , ( whether upon imaginary motives of Justice , or real inducements of State , I shall not determine ) such have shewed themselves , whose Favour and Protection they expected in the supporting them in that undertaking , and how great and Damageable thereupon their Disappointments and Losses have proved , which while they cause sorrow to them , do administer occasion of Joy to others , whose characters it doth very ill accord with and become ; yet that it is some consolation both to their Company , and their whole Kingdom that the Representation a Messrs les primieres Ministres d' Angleterre , The memorial or manifest given into the Lords Justices by the Spanish Ambassador in September last , was not in the least occasion'd by , nor bottom'd upon any thing relative to their Colony upon the American Isthmus . So that whatsoever the Consequences of that Memorial , and of his Britannick Majesty just Resentment of it may be , yet none of them , can either now , or hereafter , be said to have sprung and flowed from any Fact or Enterprize of the Scots . And tho' I do not pretend to any knowledge of those Consultations , Treaties and Stipulations , ( save as they are there expressed to have been . Sur la succession de la couronne d' Espagne , & sa Division and Repartition , about the Succession to the Crown of Spain , and the Division and Repartition of that Monarcy ) wherein His Majesty having been concerned , gave occasion and administred ground for that Memorial , which was so displeasing unto Him , that he thereupon Commanded the Spanish Ambassador , who deliver'd it , to depart within Eighteen days out of his Kingdom , and in that time not to go out of his Gate ; yet I hope it will neither be accounted Presumption , nor an Intrusion upon Secrets and Mysteries of State to say , that nothing could have contributed so much to the obviating all such misunderstandings between the two Crowns , as should swell into and terminate in a Rupture , as the having protected the Scots in their settlement at Darien would have done . For as the having a C●lony Establish'd in the very Heart and Bosome of the Spanish American Dominions , and accomodated with a Defenceable Harbour , that is capable of receiving the whole Naval strength of England , would ( unless the Cabinet Resolutions at Madrid , be the Results of Passion and Haughtiness , rather than of sedate thoughts , Political Wisdom , and of Debates where arguments derived from safety and interest cast the scale ) effectually check the Spaniards against falling into rash and hasty Councils , and an infallible motive for restraining the Catholick King from emarquing in a War with His Britannick Majesty , because of the unavoidable mischiefs , that upon our being so Circumstanced and Stated thro' the possession of that place , would attend it in relation to the many great and opulent Territories of the Spanish Monarchy in the West-Indies , which are both the sources of all that Wealth and Treasure which inable them to defend their Kingdoms and Provinces in Europe , and do afford them the means and advantages of supporting themselves in that veneration and esteem , which are paid them , and rendred unto that Crown in this part of the World ; so it is not to be doubted , should a War Commence upon any inducements and reasons whatsoever , whether fancied or real , slight or weighty , between the King of Spain and the Monarch of Great Britain , but that thro' our being so Posted in the midst of their American Plantations , they would soon be made sensible of their betaking themselves thereby to a course and method that will unavoidable issue in their Ruine . For tho' no Man that pretendeth to good Sense can have the weakness to imagine ; nor any who are under the Ties of Allegiance and Fealty , can have the Disloyalty to suspect ; that the coldness and indifference of the Court of England , in reference to the Scots being encouraged and supported at Darien , ( to say nothing of the measures that have been taken and pursued , not only to the Disheartening and Obstructing them in their Design , but to the defeating it , thro' rendring as far as could be effected , without open and direct hostility , their continuance in that place impracticable ) was either in subserviency to the better concealing and covering those Transactions , which were then carrying on , and are since discovered and divulged , concerning the adjusting and determining the Succession to the Crown of Spain , or in order , at the expence of the Kingdom of Scotland and the Dishonour as well as the Loss sustained by their African and India Company , to have the more easily reconciled , what was at that time under Consultation and Treaty towards the being Concerted and Stipulated , to the Catholick King and his Ministers ; yet it may both with Modesty and Safety be affirmed , that among other means which would have both Advanced His Majesty above the threats and menaces of the Spaniards , who endeavour to allarm him , that unless all that he hath projected in the foremention'd Affair , be promptement arreste , viendra un Guerre Funeste & universelle dans toute te Europe , speedily renounced , there will arise a destructive and general War thro' all Europe , but inabled him to justify and to make good by his Power and Force , what he hath by his great Prudence and Wisdom been Adjusting and Contracting with others in reference to the foresaid matter . It would have also been in some degree useful and subservient thereunto , if instead of lending his Name and Authority to those who emitted the Proclamations in the English West-India Plantations , prohibiting the holding any Correspondence with , or the giving any Assistance unto , any Person or Persons , that had been Fitted out in Scotland with Ships of Force to settle in some part of America , he had vouchsaved unto his Subjects of Scotland , those Testimonies of his Royal Care and Zeal for their Success in the expedition they went upon , and for their pr●spering in the design in which they were Embarqu'd , as might have made them out of Gratitude , Ambitious of Sacrificing their Lives in his Service . For as it is a great Satisfaction to a Prince , and that which gives him a Reputation , and at such a juncture and in those circumstances , renders him formidable to those who seem inclined , and do only covet a favourable opportunity of declaring themselves his Enemies , to be universally known to have a firm Tenure in the Affections and Confidences of all his People , and to be understood to have their Wealth and Power ready to be surrendred with readiness and chearfulness unto his Disposal , and their Lives chiefly valued by them on the foot of having them to venture at his Command , and for the exalting , as well as for the maintaining his Honour and Glory ; so it cannot but both extreamly disquiet him , and also lessen his Credit and Veneration with those Potentates , that Envy the greatness of his Vndertakings , and who dread the Wisdom that displayeth it self in his Projections , to find the largest Part and Proportion of the whole Body of his Subjects in one of his Dominions , highly discontented with , and clamorously complaining , and as they think not without just reason , of the Conduct and Behaviour of those towards them , who being in the highest Places of the Exercise and Administration of the Government , do vouch his Orders and his Authority for those Actions that are so ill Resented . And that these Proceedings of the King's English Ministers of State , and of his Subordinate Governors , towards and against the Scots in their West-India Vndertaking , might have been forborn and avoided , without His Majesty's becoming obnoxious to Detraction and Censure , of having connived at and countenanced any Fact in them , than can justly be called invasive upon the Dominions of Spain , and an Infraction of Alliances with that Crown , or that can reasonably be held prejudicial to the Interest of England , either in their Manufactures and Commerce at home , or with respect to the Flourishing and Traffick of their Plantations abroad , being the Subject of the ensuing Discourse , I do without craving the lenity and favour , or deprecating the prejudice and severity of any , submit it to the Judgment and Verdict of all such , who understand the Laws of Nature and Nations , have examin'd the Alliances that have been contracted between the Crowns of Great Britain and Spain , and who are able to judge of what is advantagious to the British Kingdoms , whether collectively or disjunctively consider'd . And I am sure , that whatsoever hath been alledged by the Spaniards in the Memorial presented by the Spanish Ambassador to His Majesty in May last , for the blackning and aspersing the Design and Attempt of the Scots , with respect to their Setling a Colony upon the Isthmus of Darien , ( all which will in the following Sheets be brought under Disquisition , and demonstrated to be Groundless , Frivolous , and Impertinent ) yet that it hath no Analogy , nor beareth any Proportion with the undecency , severity and defamatoriness of the Language , which occurreth in the Memorial exhibited by the same Minister to the Lords Justices in the Month of September . Wherein he upbraids and reproaches a Great and Wise , as well as an Immediate Personal Transaction of His Majesty , as if therein he had not only been Emporter a l'ambition d'usurper & bouleverser les Pais d'autruii , Hurried into the ambition of usurping a Power over , and of endeavouring to subvert the Dominions of another Prince ; and that if such an Act stand allowed , Il ny auroit ni Statutes ni Loys Municipales , a observer chez les unes ni chez les autres qui ni fuisse Libres de attentates d'autruii , There will neither remain Statute nor Municipal Laws observable between Princes , which will not be liable to be invaded , and freely broken in upon ; but he farther calls it such an Action towards the Catholick King , that by reason of the influence , which it may have upon his Subjects , Pour tenter la Foy , & exciter leur Esprits a des soulevements , In tempting them from their Allegiance , and by exciting them to Mutinies and Insurrections , is not consistent , a la bon Foy qui se doit observer entre les Chretiens , & a la plus fort raison entre des Allies & Amis , With that sincerity which should be observed among Christians , and much more among those that are Allies and Friends ; being withal such a Practise , that if suffered , Il ny aucoune Nation , ni Domination en Europe en surete contre les machinations & tromperies de la plus Fort , ou de la plus malicieux , There will be no Nation or Kingdom in Europe in safety against the Contrivances and Deceits of such , as are either Powerful or Malicious . All which I have therefore called over and mention'd ( and would not otherwise have done it ) that they who have appear'd unfriendly unto , and offended at the Scots Vndertaking , thro' the suffering themselves to receive sinistruous impressions of it , upon its being represented in the foremention'd Memorial of May 3. As an Invasion upon the Dominions of His Catholick Majesty , and an Infraction of the Alliances between the two Crowns , may from their being made acquainted with the foulness and undecency of the Terms that are bestowed upon the Stipulation which the King of Great Britain hath been concerting , to the happiness of the very Spansards themselves , as well as for the future tranquility of all the Soveraignties and Principalities of Europe , be from thence henceforward convinced , that the Credit and Authority of a Spanish Memorial is too lubricous and sandy a Foundation to build an Opinion upon , of the Illegality and Injustice of a Transaction , Enterprize and Fact. And as I hope the having unanswerably prov'd , that the Spaniards were wonderfully mistaken in the Appellations which they gave to the Scots Landing and their beginning to erect a Plantation upon the Isthmus of America ; so I doubt not , but that the Projection , for which His Majesty is so undecently treated , and dishonourably aspersed , will be both vindicated from all the Obloquies cast upon and affixed unto him ; and also justified to have been the Result and Effect of a Wisdom , that future Ages , as well as the present , will admire and magnify him for . Only care in that case must be taken , that they who shall be honoured with the Trust of being employ'd in such a Noble Work , may not be of those Persons chusing , who selected and pitched upon the Writers of the Pamphlets , call'd , The Defence of the Scots Abdicating Darien ; and the Defence of their Settlement at it Answer'd , these being with respect to Sense , Truth , Reason , and good Manners , the most silly , ridiculous , and ignominious Creatures , that ever the Name of Authors was conferr'd upon . And that their Performances in their several and respective ways , which are such as proclaim the Intellectuals of both of them mean , and the Morals of one of them very bad , are not arraigned and exposed in the ensuing Discourse , is , because of its having been fully written and finished , before the Scurrilities of the one , and the Impertinencies of the other , towards the blackning of the Conduct of the Scots , or the disproving the Legitimacy of their Undertaking , were obtruded upon the World ; as likewise previously to the Publication of the Book that is Stil'd , A Defence of the Scots Settlement at Darien , with an Answer to the Spanish Memorial against it . And as I have not upon the perusal of the last either added unto , or substracted from what I had antecedently written , which may serve to vindicate me from being accounted a Plagiary , in case that in our Reasonings upon a Subject that is the same there do here and there appear , not only an affinity of Stile and Language , but a Concidence of Thoughts , whether in the mentioning of Facts , or in the citing of Authorities ; so I do not think it necessary to Reply any thing to what by some may be held Argumentative in either of the other two formention'd Pamphlets , as reckoning that whatsoever occurreth in them of that Nature and Tendency , to be sufficiently obviated , and in way of Answer fully anticipated , in what is Represented and Argued in the following Sheets ; and much less can I prevail upon my self , to wast my own time , and give entertainment to the judicious part of Mankind ( whom I do only covet to be the Readers of what I write ) in the detecting the Calumnies and Falshoods , and in rebuking the Petulancy of a Mercenary Scribler , that hath been brib'd with Money to defame a Nation , and to throw that Dirt upon Persons of Integrity and Honour , which a little scandalous Fellow , who had been expell'd some time ago out of His Majesty's Navy for his Crimes and Misdemeanours ( and who thereupon spoke as scandalously and revilingly then of the English , as he hath lately done of the Scots ) had rak'd and gather'd together . The only thing which I shall therefore say , for overthrowing the Faith , Reputation and Credit , of that detractive Miscreant in his many other Fictitious and Romantick Stories , shall be to refer those , who are not willing to be misled in their Belief of Men and Things by Lies and Fables impos'd with impudence and audacity upon them , to Mr. Wafer , who can and will assure them , that the Aspersions thrown upon the Scots , in relation to their Treating of him , are as false , as they are defamatory . So that thro' the Fellow's appearing a Liar in one Case , he is to be accounted incapable of having his Testimony receiv'd in all other whatsoever . Nor can any , without the renouncing of common Sense , believe that the Gentlemen employ'd by the Company to Confer and Transact with Mr. Wafer , cou'd be guilty of such Weakness and Folly , as to reveal and detect unto him their Design upon Darien , in that the whole Success of that Vndertaking , depended entirely upon its being kept and preserved a Secret . However it may not be amiss to take notice of a certain Passage in that Fabulous Book , which is to be met with Page 16. namely , That just as the Scots Companies Books were open'd at Amsterdam , for the Receiving Subscriptions to their Stock and Capital , the Dutch East and West-India Companies run open mouth'd to the Lords of that City , shewing what was hatching by the Scots Commissioners in their Town , to Ruine the Trade of the United Provinces . Which I have therefore the rather cited , because it is one of the few that have any Truth in them , and not to administer occasion unto any Men ( tho' I fear many will be ready to take it from thence without my leave or allowance ) for suspecting , and much less for concluding , that our Councils in England , are too much under the influence of the Hollanders , and accommodated to such Measures , as are subservient to a Dutch Interest . For tho' the unthinking Creature who communicated the Story to the Writer , and the unwary Statesman and indifferent Politician , under whose Countenance as well as Connivance it stands publish'd , might no ways design the begetting and fomenting such an Opinion , yet it is so adapted to justify an apprehension of that Nature , that not only such who are disaffected to the Government , but many that place their happiness , and do find their Profit in being under it , will be ready to fall into the Notion , and to imbibe the Sentiment . Especially seeing as well the Proceedings here in discouraging the Scots in their American Design , as what hath been done and practised in the English West-India Plantations by positive Orders and Injunctions from hence , which have proved very Prejudicial , if not Ruinous unto them in their Colony , thro' appearing very little subservient to an English Interest , either here , or in America , will thereupon be construed by those bold and critical Men , who do both usurp a Liberty of penetrating into , and a Right of judging and censuring Resolutions and Actions of State ( which ought to be look'd upon with Reverence , and acquiesc'd in with Silence ) to have flow'd either from a Wisdom in reference to our Concerns , Welfare and Prosperity , that is indiscoverable and past finding out ; or to have sprung from Reasons relative to the Satisfaction and Advantage of that Outlandish and Foreign Republick , which hath been named . And as 〈◊〉 the other Pamphlet , call'd , The Defence of the Scots Abdicating of Darien , Answer'd Paragraph by Paragraph , whereof the Author hath written with more Modesty , than he did on whom I have been Reflecting , tho' at the same time so weakly and triflingly , that I cannot bring my self to think , that it needs ( for I am sure it doth not deserve ) so much as one Stricture or Animadversion bestowed upon it , beyond what in the following Discourse will be found applicable thereunto . And indeed that Gentleman's Design seems ( as if playing Booty ) he had intended the getting a Book to pass un●rrested and current under the Vizor and Mask of being Answer'd , which thro' its want of that Skreen , Cover and Pasport , there were endeavours used to have stifled and suppressed . Which appears the more evidently to have been the scope of the Answerer , in that he doth not only give us the other Book entirely , so far as he taketh upon him to Reply unto , it which he doth in his manner with reference to the whole that is Argumentative and Discoursive in it ; but he annexeth , without the omission of a word , whatsoever occureth in the Book , against which he would be thought to set up as an Antagonist , a Sheet and a half giving the Description of Darien , without the being at the expence of a Syllable to contradict or disapprove it . Yea , the main Argument upon which he endeavoureth to justify the Opposition unto , as well as the Discountenance given by the Government of England to the Scots , in their American Vndertaking , being taken from a Visionary and Romantick Topick , and superstructed upon a known and downright Falshood , it doth thereby become manifest to all who are endowed with any measure of discerning , that his main purport in Writing , was to give a Licence for the safe and publick Sale of a Book , which crept about , and was here and there vended abroad , only surreptiously and by stealth before . For whereas he seeks to have it believed , that all the late English Proceedings in disfavour and prejudice of the Scots , were in pursuance of and Address presented by the Parliament to His Majesty , Anno 1695. This is all mere Dream and Imagination , and no better than a Bantering of Mankind . It being most certain , that the Parliament never entertain'd a thought , of having Obstruction given to the Kingdom of Scotland , as to their Setling a Colony either in the East or West-Indies , provided it were not where they were the previous Occupiers , and on condition that it prov'd not in ways , and by means inconsistent with the Amity that is between the two Kingdoms , as they stand link'd together under one Soveraign . Neither could they so far forget the boundaries unto which they do at all times circumscribe and confine themselves in their Parliamentary Actings , as to attempt it in reference to a Nation , over which they claim no Jurisdiction , but which they do own to be Absolute within it self , and altogether Independent upon them . But the whole which the Parliament applyed unto the King about at that time , was that he would interpose and exert his Authority for the hindring of his English Subjects from becoming Subscribers to the Stock and Capital , which the Scots were about to make , frame and establish , for the Erection of a West or East-India Plantation , and for the beginning and promoting of a Foreign Trade . Which as they had a Righ and an Inherent and Legal Power to do , so they shew'd themselves extreamly Wise and Prudential , in opposing and defeating that part of the Scots Projection . Seeing shou'd such a Liberty have been either allowed or connived at in the Subjects of England , much of that Treasure which is employ'd in their own Traffick and Commerce , and especially to the Indies , might have been put into the Scots Bank , upon the Prospect and Motive of the Profit that would thereby accrue unto them , thro' the many Privileges and great Immunities , which were granted unto the Scots Company for and during the Term of 22 Years . Nor doth he shew himself very prudent , in Reflecting so severely , as he doth , upon the Behaviour of the Scots towards King Charles I. in that the English themselves were not only as Disloyal as they , but both tempted them unto , and rewarded them for it . Seeing besides their Troops being paid with English Money , not a few of their Leading Men better'd their Fortunes , at the expence of this Kingdom , by their being the Fomenters of the first War , as well as for being the Instruments of Scotland's joyning to support the Parliament against the King afterwards . And whensoever it is seasonable , it can be demonstrated from Authentic Memoirs , and such as deserve to be Credited , that the Scots had neither Marched into England , Anno 1638 , nor in 1643 , had they not been universally Courted , and divers Persons of the first Rank bribed thereunto . It being undeniable that the Ship-Money and the long Intermission of Parliaments in England , influenced such as in that Kingdom were stil'd Patriots ( which whether they were or not I do not enquire ) to tempt and draw in the Scots to that bloody and infamous War , whereas without Encouragements , that I am not willing to Name from them , the Scots would have upon no Resentments of their own have run into it , how Bigotted soever some of their Clergy might at that time have been . And as the Rebellious part fell equally to the share of both the Nations , so the Treacherous share both towards God and Man doth distinguingly affect England , in that instead of making that King a Glorious Prince , as they both Swore and Stipulated , provided those things were redressed which had been complained of as amiss in the Administration , they not only rejected the Concessions which he made ▪ that were more than a wise People would have demanded , but they Murder'd him . Neither was the Number of those in England , who persever'd in their Allegiance to that King , and suffer'd with him and for him , greater and more numerous , in proportion to the People of the one Kingdom and the other ; then they were , who asserted his Interest in Scotland to their Ruine . Nor can I imagine for what End , that Author recalls those things ( which ought to be for ever forgotten ) in such approbrious and aspersive Terms , unless it be to fasten an Ignominy and a Reproach upon what hath been since transacted against another Prince , tho' not carry'd to the height of the Original . Yea , were not that Author prodigiously silly , and altogether unfit for the Province which he undertook , he would not upbraid him whom he pretends to Answer , for having shew'd both Vanity and want of Judgment , because of his having only said , That Scotland turned the Ballance in the late Revolution . Whereas it is as Demonstrable as any Problem in Euclid , that if the Kingdom of Scotland had Vnanimously Declar'd against the Abdication ( considering the many thousands in England , who in the justifying thereof would have been ready to have seconded them ) but that both the War in Ireland and that upon the Continent , would have been carry'd on with more difficulty than they were , and probably have terminated more unfortunately , and with less honour , than they did . Nor is it to be thought impossible , but that upon such a Declaration , the Scots might have obtained , those Terms with reference to their Laws , Liberties , Privileges and Religion from King James , and those so secured from Repeal and Alteration , as that they might have been as happy as either at present they are , or have reason to hope to be hereafter . For however impossible it was , as our Author rightly accounts it , for the Scots to have remain'd Neutral at the time of the Revolution , considering the Party within their Bowels , that was headed by Dundee ; yet all Men who have not lost their Vnderstandings , must needs acknowledge , that they might at that juncture have taken other Measures than they did . Nor can this Writer be any ways thought a Politician , who seeks to represent it as a thing too ridiculous to be imagin'd , That England could be render'd obnoxious to Dangers , thro' the Scots running into a Conjunction with France . For tho' I do esteem him a very ill Man that wisheth it ; yet I cannot avoid reckoning him strangely unacquainted with the State and Ballance of Europe , that doth not foresee , how mischievous the Vnion of these two Nations together might prove to this Kingdom , notwithstanding both its own great Opulency and Power , and its having the Dutch for its Allies . Of whose wonderful Friendship our East-India Company hath had a late Experiment , thro' the Holanders both supplanting them in effect in their whole East-India Trade , and in the getting them to be disgracefull Insulted by the Ministers and Officers of the Mogul . For whereas that Monarch being provoked by the Hostilities of European Pirates , would admit no Europeans to Traffick in his Dominions , without their becoming obliged to cover all his Ships and those of Subjects from those Robbers : The Dutch in the vertue of Bribes seasonably bestowed , have procur'd the protection of the vast Ocean Southward of Surat to be devolv'd upon the English , ( the performance whereof is altogether impracticable , especially if the Suborners thereunto , should not only Countenance the Piracy of others , but think it convenient in order and subserviency to their Interest to practice it on these Seas themselves ) while the whole which the Dutch have thought fit to charge themselves with , is to protect the Commerce to Mocca , in the Vndertaking whereof , they have also a Prospect of acquiring other advantages over the English. But to return to the Author of whose Performances I have been suggesting my Thoughts . Would either my Temper , or my Principles , allow me to judge of another's Desires by Consequences deducible from hasty and unwary Expressions , I should be apt to suspect , that the Gentleman would be glad to see the Experiment of the one and the other that have been mentioned . Whereas I do heartily pray , that neither the Scots may be so Traiterous as to be guilty of the first ; not the English brought into the Circumstances of being expos'd to the trial of the second . All that I shall further subjoyn for preparing the Reader to the perusal of the following Discourse , is briefly to let him know , that I do reckon what will be there met with , to be no less either Needful or Seasonable , in case the Scots have forsaken Darien , than if they had continued still in the possession thereof ; or after their having once Abandon'd it , had again Re-possess'd it . In that my business is to Justify and Vindicate the Legality of their Design and Attempt to Settle there , abstracting from the consideration whether their Vndertaking might be attended with Success or Disappointment . And if what I have represented and offer'd on that Head , be Pertinent and Effectual for the Proving and Establishing of what it is alledg'd and adduc'd for , it will not only render their Condition the more Compassionable , on the supposal of their having been unfortunate ; but it will both make their present Clamours and Resentments for their Loss , Calamity and Disgrace , the less Surprizing and the more Pardonable , provided they carry them no farther , than what is consistent with their Fealty and Allegiance ; and will shew the unkindness and neglect of those to have been the greater , whether in the giving them Opposition , or in the refusing them Assistance , whose Favour and Aid they might , on many accounts , have reasonably relied upon with respect to the being Countenanced and Supported . Not to add , that some will find themselves extreamly mistaken in their Politicks , and perceive their having been misled into wrong Measures ; if the Intelligence should prove true , which divers have receiv'd , of the Spaniards having accepted the Naval Assistance of the French , for Driving the Scots out of Darien , in case they be still there , and on the supposal of their having left it , for the Covering all those Parts of America , over which the Catholick King pretends a Soveraignty , tho' Unoccupied by any of his Subjects , from attempts of that Nature upon them for the future by any of the British Nations , or the Dominions thereunto belonging . Seeing that as Spains complying to receive the Aid of the Marine Power of France , must argue such an entireness of Friendship , and firmness of Confidence between them , as can neither be comfortable nor safe to several Principalities and States in Europe ; so besides the Inconveniencies and Damages which may thereupon befall other of His Majesty's Kingdoms , as well as Scotland ; it is not impossible , but that congruously as well as consequentially to this , the Crown of Spain may be willing to admit of the Conjunction , Aid , and Assistance , of the French in the Loan of their Land Forces , for the compassing Ends on the Continent of Europe , which neither We nor the Dutch will find our Interest and Benefit in . However , if what I have said and argued in the ensuing Sheets , be pertinently adapted unto the Question that is Debated , and demonstrative of the Legality and Justice of the Fact , which I have espoused the defending of ; the Scots will thereby be not only Vindicated from the Clamours that have been rais'd against them for what they have done ; but they will be also cover'd from aspersions for the future of acting invasively upon the Rights , and from being injurious to any , shou'd they on the supposition of having abandon'd that Place , and the renouncing of all thoughts of re-establishing themselves again in it , apply their utmost Efforts and Endeavours to the obtaining a Settlement in some other American Territory , where nothing else can be objected against their Liberty and Right of Planting , than what having been alledged against their Sitting down on the Isthmus of Darien , will be found to be impartially examin'd , and abundantly refuted , and that with an exact observance of all the Rules of Modesty , Decency , and good Manners , wherein the Author of the Defence of the Scots Settlement at Darien is said to have been deficient . Adieu . The Errata being but few , and such as any Reader may both discern and correct ; the Author hath not thought it needful to make a Collection of them . The Application of the Scots to FOREIGN TRADE , Commended and Incouraged : And their late Attempt to have Setled at Darien , fully Vindicated from all that hath been Excepted against it . THE Humane Race being the alone and the only Rank and Species of the whole Sublunary Creation , that is furnished and endowed with Intellectual Faculties and Corporeal Organs , by which they stand adapted and qualified for a Mutual Communication of their several and respective Conceptions and Thoughts ; and thereupon thro' their very Frame and Constitution rendred Sociable with , and under all Deficiencies , Exigencies and Infirmities assistant and relieful unto one an other . The great and wise Creator , who hath produc'd them , enrich'd and adorned them with those advantages , and who governeth them in proportion to their Natural aptitudes and capacities , hath consequentially thereunto , not only made several Acts , Offices and Performances , to be , by his engraven , and by his revealed Laws , the indispensible Duties of men towards each other ; and that both as they stand considered individually and apart , and as they become assembled , and united into , and do constitute Societies : but he hath also in his admirable Wisdom , so Formed this Terraqueous Globe , and the whole Elementary World , that by means of the variety and difference of Natural , and Artificial productions , in suitableness to the distinction and diversity of Climates and Territories , there should be as well a kind of necessity imposed upon , as an incouragement given unto all Nations , for the cultivating and promoting a Correspondence together . And tho' the chief and great Ends which the Universal and Sovereign Ruler designeth , thro' and by the means of an Intercourse between and amongst people of all Nations , and which accordingly he makes the pursuing of , to be the principal part of our Duty , be exceedingly Different from , and are incomparably more Noble , and Sublime as well as more Subservient , both to his own Glory , and to the mutual Benefits , which should be Prosecuted , and are attainable , by a free and unlimited Correspondence , than those , which the generality of men , do mainly propose , and ultimately acquiesce in ; Yet we are not in our desires and endeavours after Communication and Commerce with others , so precluded from Acting under the Prospect and Influence of Secular Advantages , in Subordination to higher aims and Attainments ; but that it is both Lawful in it self , and may be Expedient , with respect to the Safety and Prosperity of those Regions , and Dominions , and political Communities , where we are brought forth , do inhabit , and into which we are Incorporated , to seek , and pursue such an acquisition of Opulency and wealth thereby , as may as well advance the respective Nations and Societies unto which we belong , above the Contempt , and prove Serviceable to the covering them from the Insults of Neighbouring Kingdoms and States , as recompence and reward the Labours , hazards and expences of those , who do either personally , or otherwise engage , associate and venture in the beginning , promoting and defending a Correspondence and Commerce of this Nature . For tho' there have been , and still are here and there , a few that being formed ex meliore luto , and who thro' having something distinguishing and singular in their mechanical Frame , Or thro' the being imbued with more exalted and generous Principles either of Nature or of Grace , then it is the Lot and Portion of many any where to be , have upon Philosophical or upon Religious motives , become Travellers , and Voyagers into far distant and remote Countries ; yet as the ends under the view , and for the compassing whereof , they have heretofore undergone , and do hitherto subject themselves to the toil , cost and dangers , which unavoidably attend and accompany such undertakings , are either too speculative , and too much abstracted from things and matters , that affect our Senses , and are beneficent , and gratifying to the Animal life ; or are of too elevated , spiritual and Celestial a Nature and Consideration , to make an impression upon , and to byass and govern any Large Number of those of great Political Bodies , and National Societies ; So the Embarking thereinto , upon the forementioned single inducements and prospects , by some Individuals , whose either natural Genius , or their improvements in Divine Knowledge , and the being furnished with more Christian zeal , and Supernatural grace , than most have arrived unto , or are under the power of , does neither amount nor bear proportion to the Notion and Idea , which an Vniversal Correspondence between and amongst those of all Regions signifieth and imports . Nor will it answer the Exigencies and Necessities , which the People of every Nation are less or more under , of having their Superfluities Exported and of gaining those things to be Imported , which they do either wholly , or to very prejudicial Measures and Degrees , want and stand in need of . So that it is not more obvious , than it may be easily accounted for , how a Correspondence of this or that State or Kingdom , with other Nations and Dominions , especially when far distant , and widely disjoyned from each other , comes to be so little minded and practised , save in order unto , conjunction with , and in Subserviency to Traffick and Mercantile Commerce . Nor do remarkable Numbers of any people much love to Travel , or commonly do , out of their own Native Regions and Territories , tho' but into Neighbouring and adjoyning Provinces , which may be effected with great Safety , and at little expence , unless upon views either of Subsisting better there , than they did at home , or of qualifying themselves thro' an acquisition of Arts and Sciences , or by the procuring Treasure , and Wealth , by means whereof , they may afterwards make a better Figure , and live more comfortably and opulently in their own Countries , than they were otherwise likely to have done . And whosoever alloweth himself liberty , and vouchsafeth to take the pains , of observing the present State and Balance of Europe , with the various and different conditions of the several Territories , Jurisdictions and Dominions thereof , will soon discern and understand , why every People whose Country lies situated , and whose either Soil or Industry may furnish them with Materials for Trade , should account it their Interest and make it the Scope and Design of their Skill and Labour , to cultivate and pursue Navigation and Foreign Traffick ; seeing the great Advantage , whether with respect to Power or to Wealth , which this or that European Country and Nation have above and beyond others , is mostly , if not altogether , owing and ascribable unto the extent and measure of their Navigation and Traffick . For as it is principally this that attracteth and draweth large swarms of Industrious people to Countries and Territories , where the Natives and such as did Inhabit there before , were but few ; so in proportion to the encrease of people , and their application to Commerce , there do necessarily ensue Enlargement of Agriculture , Augmentation of Manufacture , the venting of Natural as well as of Artificial productions , and thereby a growth in Wealth and Treasure , and consequently thereunto , an advancement in the value and price of Lands . But because the main design , as well as the necessary brevity of this Discourse , will not allow place nor room , for the arguing of this according to the worth , and importance of the Subject , I shall therefore choose at once , both to prove and to illustrate it from and by uncontroulable matter of Fact. Nor have we occasion to go far for a convincing Instance and Evidence of it : Forasmuch as we need no other demonstration of the many Benefits that Naturally result from Trade , than to consider how our Neighbours , the Dutch , are hereby become Populous , Wealthy and Powerful . It being apparent , beyond possibility of being rationally denied , or contradicted , that notwithstanding the Unhealthfulness of their Air , the Brackishness of their Waters , the Badness of their Ports , the Scarcity of their Natural Productions , the Narrowness of their Territories , and the vast Expence , which they are indispensibly obliged unto , for the covering and defending themselves , and their Country from the Inundations of the Sea ; yet that upon the motive and encouragement of the Profits and Advantages arising by Trade , they have drawn many of the most Laborious and Ingenious people of all Neighbouring Countries into their Provinces ; so that from a scanty number of Original Natives , and primitive Inhabitants , they are increased into such a Multitude , that no Nation without Traffick , and that is confined to there narrow dimensions of Lands and Territories , maketh an approach unto , and much less equalleth . And all these by accruements from Navigation and Commerce , are not only by reason of their Riches and Wealth , become the objects of the envy of such as live about them ; but the Heads , Governours and Supreame Rulers of that Republick , are risen from Poor Weak Supplicant and Despised States , to the making of such a Figure in the World , that fully and amply answereth the Lofty Title , which they have assumed unto themselves , of High and Mighty . Nor is it unworthy of remark , that the English , whose Genius disposeth and inclineth them , and whose Situation , Ports , Natural Productions , and Manufactures , give them incomparable Advantages for Foreign Traffick and Commerce , beyond what the Hollanders , with respect to all and every one of these recited particulars are possessed of , and furnished with , and that the said English have for above a Century of Years applyed themselves unto Trade , with Industry , Zeal , and Success , beyond what most of their European Neighbours can pretend to have done ; yet even They are greatly exceeded by the Dutch ( allowing for the dimensions of their Territories ) both in Number of People , and in the Opulency of Private Dealers , as well as of their States . And this meerly by a more intense , and Vniversal Cultivation of Commerce , and by the Wise conduct of their Government in the making the Export and Import of their Goods , and Commodities Moderate and Easy , under all the Exigencies and Necessities of the State , and a proportionable Imposition upon , and Exaction from the Subject . For whereas the Dutch ( as is well observed by that Excellent and Sagacious Author of an Essay upon ways and Means ) having in all their Provinces only about Eight Millions of Acres , do entertain , employ , and comfortably Subsist near three Millions of People , yet England notwithstanding all the forementioned Advantages , for Traffick beyond and above them , and its having in Land more than Thirty Nine Millions of Acres , is not reckoned to have above Six Millions of People , which upon a balance , and an adjustment of our extent of Ground and theirs , makes them to exceed us more than in a Moyety of Inhabitants . And as they have in the vertue of , Results from , and natural Consequences upon there application unto , and Cultivation of Trade , attained unto a Naval strength , which makes them Superiour in Marine Power to most Nations , and Rival Competitors with all for the Sovereignty of the Seas ; so they are grown able thro' the Treasure , which they have acquired by Traffick and Commerce , to procure , raise , and muster , such Numerous Forces , out of distant , as well as out of adjoyning Countries ( where the want and poverty not only of Subjects , but of Princes tempteth the Latter upon the baite and bribe of Pensions , to grant and afford them what proportion of Troops they do require , and compelleth the former upon the hopes of a Pay , that will hardly yield them Food , to be willing , and ready to serve under their Banner ) as thereby to be in a Condition to undertake , carry on , and manage both Offensive and Defensive Wars against the greatest Potentates , and the Powerfullest Nations in Europe . For as it is with great Judgment , and an accurate regard to Truth , observed by the most Ingenious Author of an Essay , upon waies and means , that no Sums dug out of Mines , bear any proportion with what may be made to rise , by the Labour and Traffick of a Trading and Industrious people : So it is no less Morally and Politically certain , than any Problem in Euclid is Mathematically , that in proportion to the Riches and Treasures which a people is possessed of , they may be powerful ( if they please ) by Land as well as by Sea. Whereas such Nations , who do either because of their distance from Navigable Waters stand Incapacitated and Disabled for all Maritime Traffick , or who by reason of their Carelesness , and Sloth , do not Apply themselves unto it , with that Industry which they should , are notwithstanding their larger , as well as their equal extent of Territories , with them whom we have mention'd , not only unable to support and sustain a full complement of People , in proportion to the dimensions of their Land , but tho' possibly through the Largeness of their Ground , they be overstockt with Inhabitants , beyond what some Trading Countries are , nevertheless they are uncapable of Maintaining even a Land War ( especially if it be offensive ) for so long a time , and with so much Reputation and Honour , as a Kingdom or State addicted unto Traffick and Commerce , are experimentally found to be in a condition to do . Whereof I need not assign Instances , there being several large Dominions , and considerable Republicks in Europe , which are undeniable and convincing proofs of it , and particularly even Germany , as well as Switzerland : who notwithstanding their great Numbers both of Men and of Disciplined Troops , and their inclination unto , and Bravour in War , yet thro' their being straitned and scanted in Money , which is a Natural and unavoidable Consequence of their Want of Traffick , they are neither in a condition to bring such Numerous Armies into the Field , nor for any long time to Maintain them there , as such Nations who are stored with Treasure , as the result effect and produce of Trade , easily may and often do . But that which in a most especial manner , should awaken and oblige every Nation , that lies Situated , and is provided with Necessaries and conveniencies for Trade , to undertake , cultivate and promote it , is seriously to weigh and consider , what our Neighbours who have commodious Ports for Navigation , and Natural and Artificial Productions , to be both the Source Original and Foundation , and the Nerves and Supports of it , have been of late and are still industriously doing . Namely that the acquisition and enlargement of Trade , is the great Study and endeavours of most Princes and States , the adjacency of whose Territories to the Sea , the growth of their Soil , and the Manufactures of their Subjects do in any measure make it practicable , and give hopes of succeeding and prospering in it . Particularly that Powerful and wise Monarch of France , no less to his own Glory than the Benefit of his Dominions , makes it the chief business of his Royal care and Authority , to encourage advance and protect it . Tho' of all Potentates and people whatsoever , the French King and his Subjects are in the best condition to subsist comfortably without it . And that by reason of their enjoying not only within themselves and at home , all things that are absolutely Necessary and Requisite for the pleasure , as well as for the Sustentation of life , but because of their having so many and such Valuable Superfluities , which others do Export from them , for which they do both furnish them in way of Exchange , with those few conveniencies , they do want , and do enrich them with Treasure , by paying them in Gold and Silver , for most part of the Goods and Commodities that they purchase of , and import into their own Countries from them . And indeed what that Prince , hath effected and done within the compass of a few years , and the narrow Circle of his own Reign , in the encouraging and promoting Manufactures at Home , the extending and enlarging Traffick into all Countries , tho' at never so great a distance Abroad , notwithstanding the Natural aversion , as well as the long contracted indisposition of his people thereunto , thro' Humour , Genius and Custom , and his having raised and furnished himself with a Naval Power , which for Number and Strength of Ships , is not only in a Condition to protect his Commerce , and defend his Kingdom against Invasions by Sea ; but to dispute the very Dominion of the Ocean with those , who have long laid claim unto , and honorably maintained it ; I say that the great encouragement which he hath given , and the stupendious advancement that he hath made in all these , do cloath and adorn him with greater Honour while he liveth , and will transmit his Name hereafter to Posterity , with a more dazling Lustre and Splendour , than either all his Victories and Conquests heretofore , or his late sustaining so long a War , without any considerable Mortification and disgrace to himself , or momentons prejudice or damage to his People . And whosoever will give themselves leave to think , and are withal qualified to penetrate into the Springs , Reasons , and proper causes of Matters and Affairs of this nature , will easily find and perceive , that there is nothing has so much laid the Foundation of his vast Power and Strength of Military Forces at Land , and of his Ability to maintain and support them , without either their Deserting or their Mutinying thro' want of Food , Rayment and Pay ; and of all the Successes which he hath attain'd unto by means of their Bravour and Discipline , as his Manufactures at home , and his Commerce abroad have done , from and by which most of that great Wealth and Treasure hath flowed in to him , in the Vertue whereof these things became practicable and have been accomplished . For I do reckon there is nothing more demonstrable , than that the French King is chiefly indebted to the Profits and Emoluments , which have arisen by Manufacture and Trade , for all that during the late War he hath been enabled to do both offensively and defensively . And while others do amuse and triflingly employ themselves , and impertinently and uselessly squander away their time , in loading their Memories with naked and insignificant accounts and Memoirs of the Military Facts of that Monarch , and of those Confederated against him , which were transacted here and there , during the late bloody expensive and tedious War : I am not ashamed to declare my self one , who am rather willing to enquire into , represent and to recommend , the Springs , Originals and Foundations , upon which that Potentate was in a condition to support and manage so long a War , with so much Reputation to himself , and safety to his Territories and People . And I do presume to affirm , that the main Sources and fundamental means hereof , were his former acquisition of Wealth , and a continued accession and accruement of new Treasure by Manufacture and Trade . It being thereby alone , that so large a Quota and Portion of the Gold and Silver dug out of the Spanish Mines of America , and of what of the former is gathered in Africa , hath either by shorter and more expeditious steps , or after longer and wider strides flowed into , France , and thereupon in the Course of Circulation there , hath come at last to be so plentifully lodged in that Princes Exchequer . So that it is into Trade and the product thereof , that we are principally to resolve the French King 's having been not only able during the last War , to cover and protect himself from dishonour , and his Kingdom from Ravage and Impoverishment , by the irruption of the Troops of the Allies into his Provinces , their destruction of his Cities and Towns , or the pillaging of his Subjects to a measure and degree , that countervailed the attempting , and executing any thing of that kind , but his having been victorious in several Battles , successful in the Conquest of divers strong Holds and Fortifyed places , that were thought by some to be impregnable ; and the rendring himself Master of large and rich Provinces , whose Situation and Remoteness , were thought Sufficient to have covered them , from being insulted , and much more to have made it impossible to have subdued them , and all this against such a plurality of Confederate Allies , and the greatest , strongest , most numerous and best disciplined united Forces that were ever known in this part of the World , to have cemented and Joyned against One Prince and single Kingdom . Now I have the more particularly mentioned this , not that any should thereby be provoked to complain of , or to blame that Monarch because of his employing his Princely solicitude for , and exercising his Royal Authority over his People , in commanding as well as encouraging their application unto Manufacture and Trade ; but that his example may be both a Pattern and a motive unto every Nation to enter upon , and , to pursue the same ways and methods , that is any wise qualified for , and capable of doing it . And especially that they would engage therein with zeal and Industry , unto whom upon the advantages , which will redound and accrue to him , thro' his Subjects improving in Manufactures , and in the enlargement and encrease of their Traffick , he may be reason of his Neighbourhood become hereafter a more dreadful Enemy than ever he yet was . For tho' neither our uneasiness , upon the aforementioned Account for the present , nor our too Just fears of what may overtake and befall us in time to come , can Justify either our being offended with , or our speaking undecently of the French King , but will only betray and discover our Folly , Ill nature and want of Breeding ; yet it will both become the Wisdom , and prove the Interest of the People of England whom He is about Rivalling in Commerce , as well as in Naval strength , to make it more their care and endeavours to exceed him in each of those . And it is and will be every day more and more the great concern of the Scots , to emulate and imitate him in these particulars , as far and as much as they can . And were He at present in actual Hostility with us , as who knows how soon he may be , yet fas est ab hoste doceri , it is both Lawful and commendable to submit to learn of an Enemy , and to suffer our selves to be taught by him . Nor can it Justly administer offence to any honest and prudent Englishman , if I take the Liberty hereupon to subjoyn in a few words , that the more the French do cultivate and promote Manufacture and Traffick , for which neither his Majesty nor the Parliament of England can righteously quarrel with them , nor can attempt to disturb , or to obstruct them in their Commerce without some previous Infraction on their part of the Treaty of Reswick : The more it should be the Princely care of the King of Great Britain , and the sedulous and prudential Study and endeavour of an English Parliament and People , that the Scots , who being under the same Prince , that they are , and thereupon so Confederated and linked together , as to have the same Friends and Enemies , may both have the Advice , Councel , and Countenance of England , to encourage them unto , and the Aid and Assistance of their Treasure , and Strength and Power to uphold and protect them in Trade . For seeing Traffick is the Spring and Fountain of Wealth , and that Nations encrease in Riches in proportion to the Kind and Degrees of their Manufacture , and the Quality and Extent of their Commerce ; It naturally followeth that it is both the Interest and Duty of these Kingdoms mutually to further , and support one another , who being Subjects under one and the same Soveraign , are knit and united together by a stronger Cement , and by more firm and indissoluble Tyes , than Countries under distinct and different Princes , are capable of being made by Alliances and Leagues , how publickly soever contracted and stipulated , and solemnly ratified and confirmed . Nor will it I suppose be denyed , but that according to the Share which England and Scotland shall acquire and obtain of the Trade of the World , the Less will fall to the Portion of the French , and the Less vent they will have , as well every where for their own Natural and Artificial productions , as for what they do Import from Foreign and remote places . Nor can it be reasonably contradicted , but that Scotland hath been expos'd and stood liable to many Inconveniences and Prejudices by it's having so long and greatly neglected Manufacture and Trade , as it hath imprudently and supinely done . And had not they of that Nation , given undeniable proofs in divers other ways and Instances of their being a Sagacious and Wise , and a Laborious and Industrious people ; such of some other Kingdoms who assume a great Licentiousness in rallying upon the defects and imperfections of those of other Countries , than their own , might as Justly reflect upon the Laziness of the Scots , and their deficiency in Prudence , and good Sence , as they do with insolence and unmannerliness enough , upbraid them with their Poverty . But as this is a very tender Subject , I shall handle it with such gentleness , that none of the Kingdom of Scotland , shall have cause to be offended : For as much as my only design herein is , to represent the Benefits which will arise to them , by their present undertaking , and to commend their engaging , as well as to encourage their persevering in it , but not to reflect with any Severity upon their omissions heretofore in this matter . And I suppose it will be readily acknowleged , by all Men that are capable of thinking accurately , and to useful purposes , that it is not the Largeness of Territory , that makes a Country Strong and Powerful , but the great and plentiful Number of People , and consequently that the neglecting of such means and Methods , as would be effectual motives to prevail upon such as are Born and Bred in a Nation to continue in it , or to go no where but in prospect of , and in Subserviency unto the prosperity of their Native Land , must unavoidably cause a Nation to be Weak , notwithstanding the vast Multitudes , that may have been Born , and for some years brought up in it ; which I presume will be confessed to have been hitherto the case of the Kingdom of Scotland , in that so large Numbers of people of great Ingenuity of mind , and of bodily strength and agility , equal to those of any Country about them , have through the difficulties they were under of living comfortably at home , which proceeded from Neglect and want of Manufacture and Trade , been Necessitated , as well as Tempted , to seek their Fortunes , and to endeavour to gain a livelyhood elsewhere . Whereunto may be added , That as it is not meerly because of the having a great Number of People , that a Nation is rendred Prosperous and Happy , but thro' the having them usefully employed , which it is impossible they should be , without Manufacture and Traffick , and therefore that where there is none or very little Trade , a Nation is even made Obnoxious , and doth become liable to Calamities and Desolations , by the greater Complement and Number it hath of Inhabitants . Seeing in such years as are not Seasonable for Grain , wherein that of the Poet obtains of Spem mentita seges , the Corn doth not answer the hope and expectation of the Husbandman ; The greater that the Number of the People is , they must be subject the more to Famine , and Multitudes of them exposed to Starve . Whereof there needs no other proof , than what that Country hath for these two or three last years afforded us . For tho' it is by reason of Trade , being become more diffused and universal in the World , than it Anciently was , by means whereof the Indigency of one Country , is supplyed out of the Abundance and Plenty of another , that Famines of late Ages are neither so frequent nor so Fatal as of Old they used to be ; yet in proportion to the Scarcity and Want that there is of Money in any Nation , which must necessarily be answerable to the littleness of their Manufactures , and the meanness of their Commerce , Famines will both fall out the oftner there , and prove the more destructive . Seeing by the same reason , that the Poor in any Country , are in a time of scarcity more Obnoxious to Starving , than such as are Rich : A Nation that is Necessitous must be more exposed and subject to Famines and to Devastations by them , than Kingdomes and Provinces which are Wealthy and Opulent stand liable unto . Yea where Trade is not encouraged and promoted , even Agriculture it self will be much neglected , tho' it be the chief , if not the only means , whereby the Inhabitants do Subsist . Because that as thro' the Scarcity of Money , and the Poverty thereunto annexed , which as I have often intimated , will always both accompany , and be proportionable to the want of Manufacture and Commerce , there will never be a sufficient Complement of People to Cultivate all the Ground , that is capable of being Manured , but that much of it must be left Barren : So the price of Grain and of Fatted Cattle , being generally in proportion to the Wealth , and Treasure that a Nation is possessed of , the Rates of those will run too low , for Husbandmen to be encouraged and enabled , to make such improvements even of their Agriculted Lands , as they might by Expence upon them be brought unto . Which brief hint and suggestion , I do leave and referr unto the consideration of those who do live in Scotland , who must know better than I pretend to do , how little their best Lands are improved to what they are capable of being , and how much Ground doth lie wholly barren , by reason of the want of a sufficient Number of People , and of the deficiency in Riches of those the Nation is stockt with , to take it in and cultivate it . Whereas it is obvious what great enlargements are made in the Agriculture , and Pasturage of England beyond what formerly was , and to what high Prizes in comparison of that which they bore before , Corn and Cattle are advanced , since the Application of the English to Trade . Nor is it to be doubted , but that as they extend their Traffick , and become thereby farther enriched , there will be a proportionable progress made in the taking in and rendring those Lands fertile which remain hitherto Barren , and in the encrease of the Price of those which are already cultivated . Nor may it be amiss under this head further to represent , that it is because of the Scots having neglected Manufactture and Trade , that the general Rental of that Kingdom , and the Value of Lands when Farmed , are even for the Dmiension of Territory and Ground , so much Disproportionable unto , and below what they are in England and Holland . Nor can any Mathematical proposition be more evident and certain , upon the indubitable principles of that Science , than it is sure and unquestionable both from Moral Arguments and Experience , that the current Worth of Land to be Let will be always according to the Measure of Manufacture and Trade , and in proportion to the Riches which a Nation by that means becomes possessed of . In confirmation whereof , it may not be unseasonable to take notice , how that answerably to England's enlarging its Manufacture , and extending its Trade , the value of Lands hath in equality thereunto gradually risen and swelled . So that from Twelve years purchase , which was the highest that Land went at about the middle of Queen Elizabeth's Reign , when this Nation began first to apply it self considerably to Commerce , it was risen and advanced some time ago to Twenty Years Purchase , and in several places of the Kingdom to more . For as the Admirable Author of an Essay on Ways and Means doth most pertinently observe , and confidently affirm , That there are undeniable reasons to be given , that the general Rental of England did not in the year 1600 exceed Six Millions per annum , but that thro' the help of that Wealth , which had flowed into the Kingdom by Foreign Trade , it had risen before the commencement of the late War , to Fourteen Millions Yearly ; So none will have the Effrontery to gainsay , but that the Rental of England , was the year 1600 greatly encreased beyond , what it had been about half a Century before . Which the more it is seriously weighed , and duly pondred by the Nobility and Gentry of Scotland , it will not only both Justifie their Wisdom in procuring an Act of Parliament , for Trading to Africa and the Indies , and in their having joyned so freely , and contributed so Liberally , for the forming a Stock , and raising a Treasure , that may be sufficient as well to Uphold , and Promote as to Begin it , but it may also animate their Zeal , and raise their Courage for the Maintaining and Protecting of it . But to shut up this particular , it is to be ascribed to the neglect of Trade , and their falling below their Neighbours in Riches and Treasure , which is the Natural effect of that Omission , that Scotland is not only so weak as it is in a Naval Strength , notwithstanding the variety , goodness and conveniency of its Ports , for the Ocean and Mediterranean , as well as for the Narrow Seas , and the Baltick , but that the Nation doth make so mean and inconsiderable a Figure in Europe , and that the Scots Nobility and Gentry , who for their Natural and acquired accomplishments do equal most of any Country that are of their Rank and Quality , and who for Bravour are Universally acknowledged to Come behind few or none , are nevertheless so little Valued and Caressed by Princes , and in Courts , by whom and where persons are chiefly esteemed , according to their weight in the balance of an Exchequer , and in proportion to their Rental and Capital . But the Kingdom of Scotland being at last willing and desirous to redeem it self from the Opprobry and Reproach , unto which it hath so long stood exposed among its Neighbours , for the having either thro' Supineness or Pride , neglected the promoting and pursuing Manufacture and Trade , and being now Embarked in an Undertaking , that will relieve that Nation against , and rescue it from the Inconveniencies and Damages , which have ensued upon , and accompanied their Omission of Commerce , it may not be here improper to represent in a few words the several advantages that Scotland is possessed of , and doth enjoy in equality with most Countries , and above divers , for its being qualified and enabled to succeed and prosper in this Design . For the main and great things that are Antecedently needfull , and pre-required , in order to a peoples engaging in Manufacture at home , and Commerce abroad , being large Numbers of Men and Women , and a Soil producing variety and plenty of usefull Commodities , and convenient Ports for the Exportation of their own Commodities , and the Importation of such goods from Foreign parts , as they shall have either occasion to consume amongst themselves , or which by carrying them forth again , they can dispose of and vend else where ; there are few Nations in Europe , that are better furnished and accommodated with all those advantages , helps and Succours than Scotland is . Seeing besides its having divers Harbours , and those both safe and conveniently Situated , for Sailing to and from the Eastern , Southern and Western parts of the World ; It hath likewise diverse Natural Productions , and may have a sufficient plenty of Artifici●l , to give an Original unto , and be both a Foundation and Nourishment for Trade : Nor will any deny but that it actually doth , or may at least speedily so abound with People , as to yield and afford hands enough for Manufacture and Traffick . For tho' I do acknowledge , that Gold and Silver with which the Scots , may probably be but indifferently and scantily furnished ( whereof nevertheless they may in time by this means acquire more ) be the measure of Trade ; yet nothing is more certain , than that the Natural and Artificial Products of a Country are the Spring and Source of it ; and that the Nerves and Sinews thereof are a Multiplicity of Hands properly and industriously employed . And with these Scotland doth so abound , that many have not only been , and still are thro' want of business and labour whereunto to apply themselves , an useless and a grievous Burthen to their Native Country : but great Numbers have by their Necessities been constrained either to Transport themselves into the Colonies and Plantations of other Nations , or to serve Foreign Princes and States in the Wars , which they have been carrying on against one another , in neither of which ways , hath any Benefit accrued to the Kingdom of Scotland , nor is it possible that it should , unless now and then casually and by accident . But those Colonies , where they have planted , do carry away and engross the Gains of their Industry : And the Potentates under whose Banners they bear Arms , do reap the Glory of their Bravour , and do become possessed of those acquisitions of Towns and Provinces , which they purchase at the expence of their Blood and Lives , And may I be permitted , without giving offence , to add , That thro' the latter of these Methods , Scotland hath had the Misfortune , to have more Thousands of lusty and valiant Men kill'd and destroy'd in Wars , wherein that Kingdom had no National concern , that if they had been employ'd in the gentle and peaceable Arts of Manufacture and Trade , would have been sufficient to have render'd it a powerful and opulent Nation . Yea , such has been the guilt , as well as the unhappiness , of those , who thro' want of Business , to give them a Subsistence and Livelihood at Home , have betaken themselves to the carrying Arms under Foreign Rulers and Potentates ; that they have not only been frequently engag'd in the killing of others , and expos'd to be kill'd themselves , when and where the alone cause of the War , hath too often been m●erly , either the Covetousness , Pride and Ambition of the Aggressors , or the Fraudulencies , and Injustices of the Aggressed : But , that to the disgrace of the Christian Religion , and the infamy of their Country , they have , many times , in Opposite and Hostile Brigades and Battalions , been found Encountring and Slaughtring one another . So that for the obviating , preventing , and avoiding , that Criminal and Reproachful Course for the future , if upon no other Prospects and Motives , that Kingdom ought to apply it self more to Manufacture and Trade than it hath hitherto done . For which that Nation stands not only exceedingly adapted , by reason both of the Sagacity of their Nobility and Higher Gentry , for the discerning and advising unto Means , Ways , and Methods , for the encouraging , encreasing , and maintaining thereof ; and of the Mercantile Knowledge , Skill , and Artifice , of those of the Middle Rank , For adjusting , conducting , and managing , as well what is to be Fabricked at Home , as what is to be chiefly Regarded and Cultivated abroad : But especially , because of its having , with respect to the Number of its People , a vaster Proportion of those that are of the Poorer and Inferiour Sort , than some other Countries are furnish'd with . Nor is any thing more demonstrable , than that a multiplicity of Nobility and Gentry , without a very large Number of Commonalty , and of such as are Necessitous and Indigent to very considerable measures and degrees , is rather an Obstruction unto , than a Furtherance of Manufacture and Commerce . Seeing tho' the former may assist towards the finding and supplying the Materials , and can alone afford and advance the Treasure that is necessary to the Managing , Upholding , and the Enlarging of both ; yet it is they of the latter kind that do mainly afford the Hands , by whose Toyl , Labour , and Industry , the Production of the Waters is gain'd , the growth of the Land is Fabrick'd and Manufactur'd ; and whatsoever Commodities Colonies and Plantations are capable of yielding , come to be acquir'd and improv'd . For as it is confess'd by all , who do exercise their Thoughts in and about Speculations of this kind . that Multitudes of People are the most valuable Treasure , as well as the greatest Strength of a Country : So it is infallibly certain , that the Peasants and ordinary Sort , and such as are reckon'd for the Mobb and Commonalty , provided they be universally and fully employ'd , and their Labour and Industry pertinently and usefully apply'd , are as serviceable to the Interest of a Community and Republic , and as contributary to the making a Country Opulent and Wealthy , as those are of any Rank and Quality whatsoever , if not considerably more . And the more any Nation is over-stock'd with Poor , it becomes the more signally the Interest of that State or Kingdom to cultivate Manufacture and Trade , these being the only means of rendring such steadable to the Common-wealth , who must otherwise be unavoidably Burthensome . And as Scotland hath a large complement and share of very mean and poor People , that may be made serviceble to the Fabricking Good and Commodities at Home , the Navigating Ships of Traffick . raising a breed of Seamen for Fleets of Men of War , and for the Planting of Colonies abroad , and the winning , extracting , and improving the productions of those Lands and Countries , whither they are carry'd , and where they are set'led : So the Scots Peasantry are accustom'd to a Frugal and Parsimonious way of Living ; to which those of some Neighbouring Nations , are not , without great difficulty , to be brought , nor hardly able to bear ; which is a farther and a considerable reason , why Scotland should proceed and persevere in the settling and maintaining a Foreign Plantation . Nor are they only dispos'd , as well as capable of living both healthfully and contentedly upon Viands and Allowances , that would reduce those of some other Countries , who are as mean as they are , and born as much upon the Flat , to a weak and languishing , if not to a starving Condition ; but they are by the size and fabrick of their Bodies , the Nimbleness and Agility of their Limbs , and the Natural acuteness of their Understandings , as capable of being Laborious , Industrious and Ingenious , in whatsoever they are put upon , and made apply and addict themselves unto , as such of any other Country are . Finally their great inclination to Marry , because of their Narrow and Frugal way of Living , and their prolificalness , and aptitude for Generation , and thereupon , their accustomedness to Encrease and Multiply , thro' the parsimonious manner , of their Subsisting beyond what is usual in most Countries , gives another encouragement , as well as administers a further Inducement ; why the Scots should remain steady and unchangable , in their Design and Undertaking , of establishing Foreign Colonies : Seeing they will upon that account , and by reason thereof , become the Sooner Peopled , without drawing too many Swarms from the Hive at home . Of this their needs no other Proof , than barely to observe , how the Scots in Ireland , from a very inconsiderable Number , that settled there not long ago , are Multiplied to a very great and large body of People , whereof that Kingdom receiveth and enjoyeth all the Benefits both in Power and otherwise ; and the whole that falleth to the share of Scotland , is meerly the Satisfaction and Credit , of having so vast a Colony of their Countrymen there . And by this blessing and advantage of being more Prolifical and Fertile , in the Procreating of Children , than those of their strait and narrow circumstances , are any where else ; the Plantation of Calidonia in the Isthmus of Darien may in a few Years , become equal in Number of People , to some other Colonies in that part of the World , and Scotland may securely promise to it self , the escaping of that Mischief , which hath befallen the Kingdom of Spain , in the being almost Depopulated , by the Colonies which it hath Planted in the West Indies . Yea , were there not so much in what I have intimated , as I do believe there is , for the rendring them suddenly Populous , in any Plantation , which they shall establish in an entire dependance upon themselves , and especially Subservient and Conducive to their own Benefit ; yet they will find enough to Transport and Transplant Yearly , into their Plantations without Draining their Country of its Inhabitants , by meerly Inviting and Prevailing upon such to go thither , whose necessities do either compel them to Travel abroad , in order to be Soldiers and Servants , in Foreign Countries and Plantations , or who stand reduced to pinching Wants , if not to be Beggars at home ; which being seconded and accompanied with a thrifty , temperate and regular Conduct in their Colony , and with the giving due encouragement , thro' granting Liberty of Conscience , as well as Secular Privileges both in Scotland and there , to such strangers as shall come and settle among them , thro' the want whereof , Spain is become Dispeopled at home , and their Plantations in America but slenderly stockt with Inhabitants , they will not only render the Calidonian Colony , suddenly populous and Flourishing , but they will draw more people into Scotland it self , than it now hath , or can at any time hereafter , under all the advantages of Commerce an Traffick , be well able to bear . Whereof England as well as Holland , are evident examples and demonstrative Proofs , being since their respective and several Plantations , in the East and West Indies , mightily encreased in the Number of their Inhabitants , notwithstanding the vast Shoals of People , that have from year to year been Transplanted into those Colonies : For as the incomparable Author of an Essay upon Ways and Means , doth assure us that England since the year 1600 , is increased in Number of Inhabitants about 900000 ; Whereof I may venture to say the like of Holland in proportion to the Dimension of their Territories : So it is undeniable , that within that circle and compass of time , diverse of the English Plantations , came to be erected and established , and that all of them , as well as those of the Dutch , have since that term of Years , been enlarged , improved and become vastly more Peopled than they were before . So that it appeareth , from the whole which hath been hitherto said , how much the Scots have of late , discovered their Wisdom and Prudence , and how highly their care and zeal are to be Commended , in their having made an Essay , and a Beginning for the encouragement and enlargement of Manufacture at home , and towards the erection and establishment of a Colony abroad , and by that Foundation which they have laid , for the settlement and advancement of Trade . And this unquestionably they have a plenary right to do , as they are a Free and Independant Nation , without asking the leave , or demanding the concurrence of any Rulers and Countries whatsoever , provided they be Countenanced and Authorised thereunto , by their own King ; and that they do nothing therein , which is inconsistent with the Laws of Nations , nor attempt the settling in any Districts or Provinces , from which they stand prohibited and excluded by publick and solemn Stipulations , between him that now is their Sovereign , or those that have been so formerly , and other States , Princes , and Potentates . For that Scotland dependeth upon , or is a Province Subordinate to any other Nation , and Subjected to the Ordinances , Constitutions , and Municipal Statutes thereof , I suppose none will betray the Ignorance or have the Effrontery to affirm . It being a Kingdom that holdeth of none Save of God , for their Title unto and Possession of their Country , and of their own Swords , under his providential Blessing and Aid , for the Maintaining and Defending of them . For tho' there be a very near and close Conjunction and Union , between the Kingdoms of England and Scotland , thro' their being under one and the same King , rather than in the virtue , and force of mutual Contracts and Alliances ▪ which I do heartily wish may always continue , and that all the secret Caballings and Clandestine endeavours of those , may prove abortive , unprosperous and miscarry , who either from Ancient Piques , personal Moroseness , Envy , and ill Nature , or upon any other Motives , Prospects and Designs whatsoever , shall seek to weaken , interrupt , and especially to dissolve it . Yet England doth not Challenge and lay Claim to the having any Authority over Scotland , nor pretend to an Imposing of their own Laws upon that Nation , or to a Supervising of such Parliamentary Bills as are prepared and formed there in order to the being Enacted into Statutes . But the Scots are absolute within themselves , and vested with a Power underived from any Nation , and in the exercise whereof they are accountable unto none , for the making of Laws , and falling upon , and pursuing all such Ways , Methods , and Means , which are reconcilable with the Fealty and Loyalty , which they owe unto their Prince , that may be subservient and usefull to their own Safety and Interest . And in Testimony and Evidence of their being a Free State , and a Kingdom as entirely Independent upon England , as upon any other Dominion whatsoever ; they both can , and do often lay what Customs and Impositions they please , upon English Productions and Commodities , when carried and Imported thither , to be vended and disposed of there . And by a Power Inherent in themselves , which England cannot reasonably dispute , nor lawfully Controul : they sometimes do , and at all times may , Inhibit and Forbid their own People , the buying , using , and consuming such Goods as were either Manufactured in England , or brought thither by the English , from their Plantations and Colonies elsewhere . And as in the Vertue of this independent Freedom , Liberty , Previlege and Right under the Authority and Power of their Kings , they have at all times made legal Provision for the Government of their People at home , and pursued that little Trade , which they had attained unto with such Nations abroad , as were in Peace and Amity with their Princes , without their being questioned for , or disturbed in it by any , save by those that were in Hostility with their Sovereigns , and that only in Seasons of actual War ; so they have by a fresh Exertion of this innate Freedom , and inherent and independant Right , lately contrived and framed a Bill , which they have obtained to be passed into an Act , and a Law , wherein the People and Subjects of that Kingdom , are empowered to erect Societies and Companies , for the establishment and carrying on Trade , with whatsoever Nations and Countries , or Places in As●● ▪ , Africa , or America , which are either not Inhabited , or where they have the consent of the Natives , and Inhabitants thereof , under the Limitation and Restriction , that such places are not Previously and Antecedently possessed by European Sovereigns , Potentates , Princes and States . And moreover , that they may provide and furnish the said Places , Cities Towns and Forts , with Magazines , Ordinance , Arms , Weapons , Ammunitions and stores of War , and by force of Arms , defend their Trade , Navigation , Colonies , Cities , Towns , Forts , and Plantations , and their other Effects . As likewise , that it shall be Lawful for them to make Reprisals , and to seek and take reparation of Damages done unto them by Sea or Land , and to make and conclude Treaties of Peace and Commerce with the Sovereign Princes , Estates , Rulers , Governours , and Proprietors of the said Lands , Islands , Countries or Places in Africa or America . In relation to which Act , for authorising the Scots to establish a Foreign Trade , and their being empowered to settle Plantations in the forementioned Parts of the World , in order to the better gaining , enlarging , and protecting of it , the few things which I have to offer under this head , shall be briefly these . Namely , That as the Design of Erecting such a Trade , and of Planting Colonies in the Subserviency , to the Maintaining , Improving and Extending thereof , was not rashly and unthoughtfully Undertaken by those of that Kingdom ; so the Act by which in pursuance of that Projection , they stand warranted to do whatsoever is before reported , was not surreptitiously obtained of his Majesty , nor was he by any undue Artifices misled into the Granting of it . For how much foever that Nation , might be desirous to have a Foreign Settlement , towards the better enabling them for such a Traffick , and notwithstanding they sufficiently understood it to be their great and indispensible Interest , to embark Vigorously both in Manufacture and Commerce , yet their unsuccessfulness heretofore in some attempts of that Nature , as particularly in the Plantation of Carolina , which they held of the Crown of England , antecedently to the English planting there , from which they became expelled by the Spaniards , thro' want of that protection , and of those encouragements which were necessary to the having rendred them safe and Prosperous ; made them proceed slowly and with great Calmness and Discretion , in the Forming , Digesting and Maturating what they have at last , after an adjusting of all that was Prerequired thereunto , put in Execution . Nor could the King be Surprized into the giving his Royal Assent to the Bill for the premised establishment ; seeing ▪ as they who served his Majesty at that time , under the Characters of Commissioner and Secretary of State , were persons as entirely in his Interest , and zealous for his Honour and Glory , as ever any have been known to be that filled those Posts ; so there was an interposition of two Years , whereby the King had all the time , an opportunity desirable , for the consideration of the most Important and Arduous Affair , in which he might have informed and Satisfy'd himself of the Justice and conveniency of what was laid before him , and humbly desired of him , between the passing of the 32 Act of the Parliament , Anno 1693. which invited and encouraged , persons in general to enter into Societies and Companies , for carrying on a Trade , in any or in all such parts of the World , as were not in Hostility with his Majesty , and the enacting of that Statute , which was the 8 Act of the Parliament Anno 1695 , whereby that design was Perfected and Compleated , thro' a Companies becoming settled by Law , vested with the Rights and Powers forementioned , and favoured with such immunities , as were necessary to encourage so hazardous and expensive an Undertaking , as that was likely to be , and will infallibly Prove . And tho' the Grace and Goodness of his Majesty , appear'd very eminently manifested to the Scots therein , in vouchsafing to have granted them the privileges , That none of their Stock and Effects , shall be liable unto any manner of Confiscations , Seisures , Forfeitures , Attachments , Arrests , or Restraints ; that they may Freight Outlandish and hired Ships , for the space of ten Years , notwithstanding the Act for encouraging Shipping and Navigation . Anno 1661. And that their Merchandice , goods and effects , shall be free from all manner of Restraints and Prohibitions , and of all Customs , Taxes , Sesses , Supplies or other Duties imposed , or to be imposed by Act of Parliament , or otherwise , for and during the space of 21 years . As likewise , That no Officer , Civil or Military , or other person whatsoever within that Kingdom , shall Impress , Entertain , Stop or Detain , any of the Members , Officers or Servants , or others whatsoever , of or belonging to the said Company ; And that all these shall be Free , both in their Persons , Estates and Goods , employed in the said Stock and Trade , from all manner of Taxes , Sesses , Supplies , Excises , quartering of Souldiers , transient or local , or levying of Souldiers , or other Impositions whatsoever for and during the space of 21 years . Yet it must withal be acknowledged , that his Majesty's Wisdom and Justice to all the World , as well as to his Allies , and those that are his own Subjects in his other Territories and Dominions , are no less singularly , conspicuously and abundantly displayed , thro' the Providing expressly and particularly in the said Act , that no Prince , Country , People , or Colony , shall be Invaded or Molested in what they are rightfully possessed of , nor disseised of their properties , or of what they can lay Claim unto , by the Laws either of Nature or Nations . Which shews that what his Majesty did , in passing the Act , that hath been so often mentioned , was the result of great Judgment , and mature Deliberation . And whosoever will but allow himself time to read and consider it , will find himself oblig'd to confess , that in no Projection whatsoever , towards a settlement of that Nature , nor in any Statutes or Edicts enacted and emitted , for the authorizing and countenancing of them , was there ever such a regard had , and expressed to the rights of Foreigners , or of Planters elsewhere , and of the Natives where that Colony should come to settle , as is done in the Scots Act of Parliament . Whereunto I will only further Subjoyn , that the Scots have not only obtained an Act of Parliament , Empowring them to plant and settle Foreign Colonies wheresoever they can , without doing Injustice to the Natives , invading the Territories , and Districts of other Princes , or their being injurious to previous and antecedent Planters ; But they have likewise procured a Patent under the great Seal of that Kingdom , whereby all and every thing or things , granted to them in the said Act , stand ratified and confirmed by a Fact and Deed , that is Personally his Majesty's own , in the most distinguishing manner , and that by which he Speaketh most Vnretractably as well as Sovereignly to his People . So that his Majesty being a Prince eminent for his Veracity , and his Constancy to his Royal Word , as well as for his Courage Justice and Honour , He hath made it impracticable , without Sullying and Disparaging his own Glorious Perfections , which 't is Impossible he should have the Weakness , Infirmity and Imprudence to do , either to depart from , dispense with , or by a subsequent relaxing Interpretation , to Retract or Supersede what he hath granted unto his Subjects of Scotland , or to avoid the Maintaining and Protecting them in it . For tho' divers Projects , Proposals and Matters , that are in themselves very Just and Lawful , and which in their effects and consequences would prove exceeding advantageous and usefull , may antecedently to their Establishment by Laws , and by Royal Facts and Grants be declined and waved , as well as procrastinated and adjourned , upon the meer foot and the single motive of their being Inconvenient , either thro' the Offence or Jealousie that may thereby be administred to Allies and Princes in Amity ; Yet no publick and Solemn Laws are to be violated or Royal Charters and Patents , to be Over-ruled , Transgressed against and Vacated upon the Inducement , and because some Potentates with whom his Majesty is in Leagues , and under Stipulations and Compacts , may shew themselves Peevish , and become Groundlessly ▪ and Causelessly Offended . For as all the Affairs that fall under the Executive part of the Administration , are Regulated either by Law or by Conveniency : and come to be considered under the Notion and Views , either of what may be done with Profit to our selves , and without injustice to any , tho' possibly not without giving Provocation unto divers , and the rendring them Discontented ; or what according to the tenour and Obligation of Laws , and the Sacredness of a Princes Word declared and pledged in his Charters must and ought to be done ; So whatsoever latitude is left and allowed in reference to matters and things of the first kind , for acting according to the measures of civil Prudence , and the rules of Politicks : Yet in relation to such matters as are of the latter sort , there is no room or place left to consult and deliberate what is Fit to be done according to Topicks of Convenience , Maxims of State , and politick Theorems ; but there ought to be a Conscientious observance and a Vigorous pursuance of , as well as a firm and unchangeable adherence unto what is made Legal , and which by consequence , when and where the case is important , and the matter is of that concern and value that the chiefest Interest of a Nation lies in it , can neither be omitted nor dispensed with , without obnoxiousness to guilt , as well as to clamour and blame . Nor may it in the next place be unworthy of being represented , with what Readiness Vnanimity and Zeal , the People of Scotland came into this design , of Erecting Trade , and Establishing a Foreign Plantation upon the passing the forementioned Act. For the Subscriptions in order to the raising and constituting a Fund , for the setling a Colony , and thereby for the promoting of Traffick , for which they were allowed by the Act of Parliament , from the 16 of June 1695 , untill the First of August 1696 , were not only Filled , Compleated and Perfected , long before the elapse of the time that was prefixed by the Statute ; But whereas it was provided , that it should be held a sufficient Compliance , with the design and Tenour of that Law , if only half the Money that should be Subscribed towards the forming a Stock , did Belong unto , and were the Proper Cash of such as were Scots , and did live within that Kingdom ; it deserveth to be observed , that the whole , hath been Subscribed , Advanced , and Paid in by such as are Scots , which is not only beyond what could have been expected , but may justly beget Admiration ; considering what in that Intrim , they have been obliged to pay in Taxes for the Maintenance of Troops : and what they have been necessitated to carry abroad in specie , of their Cash for the purchasing grain , to live upon in these late years of extraordinary Scarcity and Dearth ; which , at the modestest Computation , may be reckon'd to have exceeded Two hundred thousand pounds Sterling . Nor are they meerly Persons of the Middle Rank , or of the Mercantile Order , that have contributed and put in their Money for the framing of a Bank in order to the foremention'd Ends ; but they of all Qualities and Degrees have , with great liberality and cheerfulness , answerable to their several Titles and Figures , contributed their shares to that Capital ; and none with greater Alacrity and in larger Proportions than they of the Grand , as well as of the Petite Nobless . For none of the greatest Persons of that Kingdom have had the Folly and Pride to excuse and cover themselves from becoming Assistants to the founding and promoting of Trade , by pretending it a disparagement to their Garters and Coronets , and below the lofty Stiles that they have by Parchments , which give them an ascendency above Gentlemen . These days of Vanity and Phantasticalness are over ; and they of the Sublimest Rank do begin to govern themselves by principles of Reason and good Sense , and by Maxims of Civil , Social , and Oeconomical Wisdom ; and not by the airy , whimsical and pernicious Notions of Haughtiness and Luxury . Yea , even they of the Military order , have such of them , as were in a condition thro' having acquir'd beyond a naked subsistence during the War , readily subscribed and paid in what they could , and would have done it more plentifully , had they receiv'd all their Arrears ; and such of that Tribe as were only Subordinate-Officers , or private Centinels , who are now reduc'd or disbanded , that could not bring in Gold and Silver to the encreasing of the Fund and the augmenting of the Capital ; yet they have with great forwardness offer'd their Bodies and their cold Iron to the Corporation and Company , for the protecting of their Traffick , and the defending of their Plantation against all such as shall become their Enemies and Assailants . And how dangerous soever Men of that Praedicament may be to their Country , when kept in too great Numbers regimented at home ; and how altogether useless they are unto it , while they hear Arms under Foreign Princes and States abroad ; yet they are as capable as any other whatsoever of being serviceable and profitable thereunto , when employ'd in the Ways and Methods to which many of them have begun to betake themselves . Of whom it will be no presumption nor visionary Dream to add , That as they do account their Wages , Salaries , and Pay , to be their Estates ; so they reckon their Swords and Musquets to be their Title unto it . In brief , there are few Persons , Families , or Orders of Men , that are of any Consideration or Esteem , but who are become associated , united , and confederated , in this Project , Enterprise , and Design . How much distant or different soever Persons are , either in their Religions or their Political Principles , yet herein they do all of them amicably agree and combine : Neither the Bigotry of the Presbyterians , nor the resentments of those of the Diocesan Perswasion , for the unkind and ill treatment they have met with , do in this make any variance or discord between them ; but herein the Wolf and the Lamb do tamely meet together , and the Leopard and Kid do peaceably assemble as in one Field . Nor do those great Animosities , or late Hostilities , which have been between one another , about Rights and Claims to the Soveraign Authority , and the Royal Jurisdiction , occasion any misunderstanding or opposite Sentiments in this , but both the Jacobites and the Williamites do shew themselves equally and alike concern'd in the promoting of a National Trade , and the setling of a Foreign Colony . And , which is of very material consideration , it deserves to be observ'd , That besides what several Persons have in their private Capacities Subscribed towards that Capital , not only most of all the Corporations , but the Royal Burroughs of the Kingdom , have become sharers therein , and contributed liberally thereunto , out of their Public Revenues . From all which I may , with great safety , as well as with decency and modesty , venture to lay open and infer , how Mortifying , Afflictive and Grievous it will be to that whole Nation , to be discourag'd and frustrated of Protection from the King , of whom pursuant to the Act and Patent which he hath granted them , they expected to be countenanc'd , animated and defended . Nor dare they entertain such disrespectful and undutiful thoughts of His Majesty , as the Proclamations emitted by His Governors over the English West-India Plantations might seem to give occasion and umbrage for . Seeing as they have not , by their setling at Darien , invaded the Territories of any European Prince or State whatsoever , nor have been injurious to the Natives , in Planting there without their allowance and consent , nor in any one particular or circumstance , have exceeded the Limits and Regulations prescrib'd unto them by the Act of Parliament , and the King's Charter , as shall be fully and uncontroulably demonstrated in what is to follow : So they have a more engraven and firm belief of His Majesty's Mercy and Justice , than to give liberty unto themselves to think , that His Majesty's Subjects in the West-India Plantations , depending upon , and subordinate to England , should by an Order , Command , and Authority from the King , be charged and required to hold no Correspondence with the Scots , in their Colony at Darien ; nor to give them any assistance with Arms , Ammunitions , Provisions or any thing else whatsoever . For as much as this is not only inconsistent with , and irreconcilable to his Majesty's Goodness , Wisdom and Righteousness ; but directly repugnant to the express Words , Terms and Clauses of the forementioned Statute ; by and wherein his Majesty royally and solemnly promiseth , If any of the Ships , Goods , Merchandize , Persons , or other Effects whatsoever , belonging to the Scots Company , trading to Africa and the Indies , shall be stopt , detained , embezled , or taken away , or in any sort prejudiced or damnified ; that he will interpose his Authority to have Restitution , Reparation , and Satisfaction made for the damage done , and that upon the publick charge , which his Majesty shall cause , disburse and lay out for that effect . So that thro' what arts , and what means soever , these Proclamations are come to be emitted and published : Yet the Scots neither do , will , nor can entertain any other thoughts of his Majesty , than that he will carefully and powerfully cover and protect them , instead of abandoning them to the rage and power of such as may become their Enemies , without the giving them aid , succour and assistance . And in place of giving room to any such sinistrous opinion , as if either his Majesty could be indifferent , or meanly concerned , in countenancing of that Nation in an Affair of so great an importance , and that is so eminently subservient to the prosperity and happiness of that Kingdom , or become alienated and disinclined from upholding and defending them in the possession of their Plantation of Darien , they are tempted to give credit to a passage in the Paris Gazette the first of August , 1699. Namely . On avoit avis , qu'on envoye des ordres aux Comandants de toutes les Colonies Angloises de L' Amerique , d' assister l' Escossois d' Arien de tout leur pouvoir , comme estant sujects du mesme maistre . That the King hath sent Orders , to the Governours of the English Plantations in America to assist the Scots at Darien , with all their Power , they being no less his Subjects than they are . Nor can it be unmannerly or unlawful to add , that it is of the last danger to a Prince , to administer cause and occasion to a whole Kingdom , to grow estranged in their affections unto him , and to depart from their zeal for his service . And it may with confidence be affirmed that his Majesty's treating the Scots in this manner , either unkindly , or unsuitably to the hopes wherewith they have fed themselves , is like to have those effects and operations upon the hearts and minds of most of that people . T is abundantly discovered in Histories how it hath often proved unlucky and of ill consequence to Sovereigns , to have disobliged and displeased the generality of a Nation , tho' but in a trifle , and that it hath been very fatal unto them , to discountenance and thwart their Subjects in that wherein they placed their secular Glory , and their temporal Happiness . Nor have the Ties and Obligations upon the conscience of Subjects , been at all times found sufficiently powerful , to preserve them in discharge of Duties of exact Fealty and Loyalty ; but these bonds have been easily broken , and dissolved , when ground hath been given , for the thinking and believing , that their worldly Interest hath not only been neglected , but opposed and sacrificed . And it is in vain for a Prince to rely upon his Personal merits , or to trust to his own Conscientiousness , of what he hath done in delivering a People from former distresses : Seeing these will be found to afford him a very weak and slender security , against the ungrateful and ill natured resentments of a people , that shall account themselves abandoned , or crossed in what their present Genius , Humour and Biass , do universally , sway , carry and determine them unto . Nor is it credible that his Majesty who is a Prince of great Wisdom and Justice , would have order'd those who Govern under him , and by his Authority , in the West-Indies , to emitt and publish such Proclamations , without his vouchsafing to have it told and represented to the person Constituted by himself , for his Scots Secretary , and who is Resident at his Court under that Character ; seeing as that would have imported such a Contempt , as well as a Neglect , of his Kingdom of Scotland , that none without rendring themselves Criminal , can conceive his Majesty capable of being misled into it , so it is sufficiently obvious to all thinking men , what the Scots Secretary hath made himself obnoxious unto , if in case of his being made acquainted with it , he did not discharge the duty incumbent upon him by his Post , both towards his Majesty in endeavouring to divert him from running into such measures and in his informing those of Scotland ( to whom he will deservedly find himself accountable , ) with it , whose concern it was to have it prevented . Yea it is so inconsistent with all the rules of Prudence and Justice , as well as of Honour , that nothing in Don Quixot , or Amadis de Gaule can be more Romantick , than that his Majesty should some Months after the Orders must have been transmitted to the West-Indies , for enjoyning and and authorizing the forementioned Proclamations , have Commanded the Lord President of the Sessions , and my Lord Advocate to come from Scotland and attend him at his Palace here , in order to satisfy him of the Legality of the Scots proceedure , had he been conscious in himself , of having Empowred the English Secretary Mr. Vernon , to convey such Instructions to the governing Magistrates in the English Plantations , as the Papers emitted there under the Title of Proclamations , would perswade us they are warranted by and bottomed upon . Nor in the case which I have now under consideration , will the Scots reckon that their Loyalty to his Majesty , and their Zeal for his Interest and Service , were either esteemed or rewarded , as they flatter'd themselves they should have been : For their having not only furnished him , with so many and such brave Troops , during the War , and for their preserving ( now meerly to please and gratify him ) such a Number on Foot and in Pay , and that notwithstanding both the Poverty of the Country , and the great Scarcity that for divers years it hath groaned under , when their Neighbours have not in proportion to their extent of Territories , and of their Opulency , thought fit to continue near the Quota of Forces , which they have done ; but especially because of their having , so readily at first Declared him their King , when the bare delaying , and the demurring only unto it for a little time , would have gained them such Concessions from the People of England , that would have made their looking after a Plantation of their own Needless , or at the least have brought them into that Conjunction , with the English Nation , as would have engaged the whole strength of that Powerful , and Wealthy Kingdom , for their defence and support in the Colony , which they have begun to settle . Nor can it be undecent or immodest to add , that the Protecting them in this undertaking , is the rather expected from his Majesty , least otherwise they should have occasion to complain of the Prejudice , they have received by the Revolution , with respect to their Trade , instead of reaping the advantages which they had thereby promised themselves , in that as well as in other things . It being known to diverse , that a proposal and Plan having by some Scots men been laid before King James , for the obtaining his Authority , as well as his countenance , for their setling a Commerce in Africa and the Indies , how kindly he not only received it , but with what both goodness and readiness , he referred the consideration of it to my Lord Middleton , my Lord Melford , Mr. Penn and Mr. Berkley , that upon their opinion of the Justice and Equity of it , ( who were all known to be entire favourers thereof ) He might by his Royal Charter and Patent , have empowered the Scots , to have proceeded in the Establishing of it ; and which nothing could have obstructed , had not the Accession of his Majesty , who was then Prince of Orange , in 〈◊〉 England at that time intervened . But to proceed unto that which doth in the course of Method , next offer it self to be laid open and Discoursed of , namely the Situation , Nature and Conveniency of the Place , where the Scots have pitched their Tents , and are about establishing there Plantations , which is called the Isthmus of Darien , and is a Country very fit and proper for that purpose , as well because of the Richness of the Soil , as by reason of its Situation for Trade . It is the Narrowest part of America , and lieth between the Northern and Southern , or the Atlantick and Pacifick Oceans , and is Justly called an Isthmus , as comprehending where it is broadest not above two degrees , ( viz. ) between eight and ten N. L. and where it is narrowest about but one degree . And it is in all probability stiled the Ishhmus of Darien , from the great River of that name , where with the Northern coast is bounded to the East . For beyond that River on the North side , the land doth so spread to the East and the North-East , and on the South side , to the South and South-East , that it can no farther be called an Isthmus : But as to the narrowest part of this American Isthmus , which as I have said , doth not extend above one degree , upon which the Scots have Setled their Colony , and have appointed that the Country shall hereafter be called Calidonia , and that themselves , Successors and Associates , shall be stiled by the Title of Calidonians : Wafer doth assign for its Western limits , from the Mouth of the River Chagre , where it falls into the North Sea , to the nearest part of the South Sea Westward of Panama ; and for its Eastern boundaries , from point Garachma , or the South part of the Gulph of St. Michael , directly Eastward , to the forementioned River Darien : And all do know , that it is circumscribed , limited and bounded , on the North and South , by the two vast Oceans that are so Denominated . And as to the particular place , where the Scots have pitched their Tents and raised Fortifications , it is upon a Harbour , called by the Spaniards Acla , and by the Natives Schocana , and is one of the most Defensible Ports of the World , and is Situated about two Leagues from the Golden Island , called by the Spaniards Guarda , which as it is not further Distanced from the South Sea , than what any man may Travel in two or three Days , and which the Natives can do in one : So it lieth in a Nearness of Eight or Nine Leagues , both to the River Darien and Conception , upon which Boats may go to the Southern Ocean . And as the weather in the place , and on all hands where the Scots are setled is exceeding temperate , being much the same that is in other places of the Torrid Zone of that Latitude , but inclining rather , as Wafer says , to the wet extreme , the Rains beginning usually in April or May , and continuing more or less to the latter end of August , but with intermixtures even then of fair and dry days for a week together ; So that the Country , is healthful beyond what was commonly believed , or could have been imagined unless experienced . And tho' the Artificial productions of the District and Territory be few by reason of the sloth and unskilfulness of the Natives to cultivate the Land , and to improve and fabrick what it yields , yet the ground is unconceivably fertile and rich , and might by being well Manured and Agriculted , afford both as great Variety and as great Plenty , for the comfort and pleasure , as well as for the Necessities of Life , as any Land in whatsoever part of the World doth . However the Natural Productions , and what it spontaneously yields , as materials of , and commodities for Trade , and to enrich such as are , or shall become engaged and Interessed in the Traffick , are divers and great , both in the variety of kinds , and in the Plenty and Quality of them . For besides its being stored with all sorts of Wood , proper for Building and Wainscotting , and particularly with Cedar , it hath also abundance of white wood , fit for Cabinets , and Interlaying , and which is more than all the other , it is likewise plentifully furnished with Logwood , which the English do now cut upon the Bay of Hunderos , not without being exposed to great hazard and danger ; and ( if credit may be given to reports , ) it is provided of Nicaragua wood , which is a Commodity for Dying of that value , as to be reckoned to approach to the worth of Cochenele ; and which is beyond all other productions whatsoever , It affordeth both Silver and Gold Mines , as well as large quantities of Gold Dust , that is gathered out of the Rivers , after that it hath been washed from the Mountains by violent Rains. And then for the People , they are open , frank and good natured , and for many Leagues round in an entire Friendship with the Scots , having not only received them in a most obliging manner , at their first arrival into those American parts , and their Captains , Supreame Leaders , or Caiques , who have neither dependance upon any other Prince or State , nor upon one another , save by Leagues for mutual defence , readily and with great chearfulness , consented and agreed to permit the Scots to settle among them , and to become Inhabitants in their Country ; but have by stipulations and contracts since , Joyned in a Confederacy with them , for the defence of them and their Colony , against all such as shall in time to come be their Enemies . So that for Situation , as the Councel constituted by the Indian and African Company of Scotland , for the Government and direction of their Colonies and settlements in the Indies , have published in their Declaration bearing date , at new Edinburg in Calidonia December 28. 1698 ; it is a more convenient Place than any other in all America , to be the Store-house of the unsearchable Treasures of the spacious South Seas , the door of Commerce to China and Japan , and the Emporium and Staple for the Trade of both the Indies . And as it is there that the Scots have settled a Colony and Plantation , by and with the consent of the Natives ; no European Prince or State being thereof possessed , or having right of claim thereunto ; so they did not offer to enter upon that District and Territory , without the having a particular and strict regard unto , and conforming exactly with all the Regulations , Proviso's , and Limitations laid down and prescribed in the Act of Parliament , and in his Majesty's Patent , and the having seriously Considered and duly Weighed , whatsoever could be pretended or alledged against them , upon their proceeding to establish a Colony there . For the examination whereof , they allowed themselves sufficient time , in that tho' their Subscriptions were perfected and compleated , about the beginning of the year 1696 ; yet they did not send their Ships from Scotland , untill the Month of July 1698 , which arrived not in that place until November following . And as it is not only hoped , but morally certain , that great advantages of attaining unto Wealth , Power and Honour , will thereby accrue and be administred to Scotland ; so it might easily be Demonstrated , that very considerable Benefits , will infallibly Redound from thence unto England , and that both in times of Peace and of War. Seeing as it will be a means , whereby in a short time , a compendious Way and Passage for Trade to China , Japan , as well as to the East-Indies , may be obtained and rendred secure , whereby the English , will become qualified and enabled , not only to outdo the French , who begin to Rival them in Traffick to the latter , but to equal the Dutch , who do at present far exceed them in it : So by the conveniency of the Scots Caledonian Plantation , both a great quantity more of the Manufactures of that Kingdom , will come to be vented in all the East parts of the World , as well as in the Spanish West-Indian Provinces , and the expence made less , and the returns much Speedier and Surer , to and from the latter , than they are , or ever can be , by the way of Cadiz and Malaga . And as for the English Plantations in America , they will not only have larger and more advantageous occasions , of Trading into the Spanish American Colonies ; but the very Scots of the Calidonian Plantation , will will take off and consume abundance of their Commodities and Productions , especially theirs of New York and New England , for which they will pay in Gold and in Silver , and such valuable Goods , as the Mines , Rivers , and Land of Darien do yield and furnish . And should a War at any time come to be between the Kings of Great Britain and of Spain , as who knoweth what may hereafter fall out , Calidonia is and will in that case be found , the best Situate place of any in the World , from whence and by means whereof , to do Hurt and Prejudice to the Spaniards , and to yield service to his Britannick Majesty , and give his Subjects opportunities of enriching themselves . Seeing the Scots Colony there , will prove to be not only Posted , in the middle and bosom of the Spanish American Ports for Traffick , having Carthagena on the East , Porto Bèllo on the West , and Panama on the South ; but will be found to stand Situated in the direct way and passage , that their Flotas , Galleons , Armados and Armadilals must go and return to and from Mexico and Peru. Nor on the supposition of such a Hostility arising between these two Crowns , as I have mentioned , will the English meerly have a larger , better and more Fortified Harbour for Ships , either of War or Commerce , than any of their own West India Plantations do afford ; But they will have one to Receive , Cover and Protect them , that is nearer and more adjacent by a hundred Leagues to Porto Bello and Panama , than Jamaica ; and by above three hundred than Barbadoes , which of all the English American Colonies , are the least distanced from them . But seeing I shall have occasion to discourse more fully hereafter , of the benefits and advantages , which will accrue to the Crown and Kingdom of England , by the Scots having settled in Darien , and how much upon that account , it is both the Interest of the King , and of the English Nation , that they should be maintained and defended in the possession of their Plantation at Calidonia ; I shall therefore insist no more upon it under this Head , but adjourn what is to be further represented , and argued to the foregoing purpose , until it will lie more naturally before me in some other Paragraph . That which I am then in the next place to advance unto , is to Justifie and Prove beyond all possibility of any reasonable Reply , that the Scots , by their establishing a Colony on the Isthmus of Darien , have made no Invasion , upon the Rights or Dominions , and Territories of the King of Spain , nor have therein Acted contrary either to the Laws of Nations , or to any Articles of publick Treaties , that have intervened , or have been Conserted , Accorded and Stipulated , between the Kings of Great Britain , and those of Spain ? 'T is true his Spanish Majesty , hath by several Memorials delivered by his Ministers to his Britannick Majesty , or to his Secretaries of State , represented , remonstrated and complained , as if the Scots , had thereby made an Infraction of the Peace , between the Crowns , were become guilty of an Insult ▪ and Attempt against his Catholick Majesty , and that by settling a Plantation in that place , they have posted themselves , dansles Souverains , & le plus Interieur de ces Demaines de sa Majeste , In the Soveraign and most Inward Territories of and belonging to his Spanish Majesty . And as in case that the matter stood as it is represented , and as the complaint doth import , the blame thereof , ought to be wholly and entirely imputed unto the charged upon the Governours and Directors of the Company erected for Trading to Africa and the Indies , and no ways either in the Injury that is done , or in the clamours and accusations which arise by and from it , to affect his Britannick Majesty in his Justice , Veracity and Honour ; so it would be both requisite and necessary , on the foot of Righteousness , as well as of Truth , that full reparation should be made to his Catholick Majesty , if the Fact of the Scots , in planting on the Isthmus of Darien , were disagreable to Royal and National Treaties , and a forceable seisure , in times of Amity and Peace of the Lands and Demains of that King. Yet I hope , it will not be accounted Rudeness or Insolence , in me to say , that it is both expected and demanded , that none will discover and betray themselves , to be persons of so little Prudence or Equity , as upon the single credit , and alone evidence of Memorials to submit unto , and to suffer , their being either surprised , or wheedled , or menaced and hecto●ed into a belief , that the settling the aforesaid Colony , in the place abov●●mentioned , is therefore Injurious and Criminal in the Scots , and to be reckoned an Invasion upon the Sovereign Rights , and the Lawful Dominions of the King of Spain , meerly because it is alledged and affirmed by his Ministers and in his name to be so . And I do reckon my self fully warranted , in the requiring and exacting this of every man , who desires to escape the censure and reproach of being Imprudent , Partial , and Iniquous ; in that it hath very often , and upon frequent occasions , been the custom and practice of States , Princes and Potentates , to remonstrate and complain of the proceedings of other Rulers , Governours and Soveraigns , and of their several and respective Subjects ; when all that hath been offered , attempted and done by those who have been thus applyed and addressed unto , and complained of , hath been Lawful , Friendly , Honourable and Just , and only accounted inconvenient at the Season , or held to administer ground of Jealousie and Fear , that it might in the future , be prejudicial unto such who were the Complainants and Remonstrants . And as no Potentate or Court in the World , hath oftener and more clamorously , betook themselves unto this Method , than they of Spain have done , in reference unto , and behalf of what they unreasonably challenge , and would have others be so weak , as to allow them a Right unto the West-Indies ; so they have commonly , in the issue and event been made to understand , that they had no Pleadable , Valuable and Justifiable reasons , grounds or causes , for their Remonstrances and Complaints . Whereof as the Histories of all Nations , are full of Examples , and Instances , so our own are not barren and unprovided of them . Unto which as I shall confine my self , on the motive of the Brevity , that this discourse is designed to be of ; so I shall only assign a few out of the many that might be enumerated . Whereof , the first shall be , the Behaviour and Answer of Queen Elizabeth , during the time of Amity with Spain , and before there was any rupture , between her and Philip the Second , upon a complaint against one Captain Parker , made unto her by the Spanish Minister , who resided at her Court , under a publick Character ; which I do the rather mention , because it relates to something that fell out at Darien , where the Scots having taken the freedom to settle , and to establish a Plantation , is made the ground of the Memorials presented lately to his Majesty by the Spanish Ambassador , in the name of the Catholick King : For Captain Parker having in the year 1565 , Sailed from England to Darien , and begun to manage a profitable Trade with the Natives , the Spaniards , who have been always Jealous of , and offended at any other Europeans coming into , and Trafficking in those parts of America , came with Armed Ships against him , and after having threatned , to make prize of him , and those that were with him , unless he would immediately depart , upon his refusal to do so , they attempted it . But Parker being a gallant man , and being likewise assisted by the Natives , he not only beat the Spaniards that assaulted him , and took one of their Ships , but also plundred a place called Castel Dolora , for all which he was both commended and justified by the Queen , notwithstanding the Complaints and Remonstrances of the King of Spain , by his Ambassador . Whereunto may be added , that famous and remarkable transaction , much about the same Season , between Queen Elizabeth and Philip the Second , in relation to Captain Drake , who having in a time of Peace , betwixt the two Crowns , been seised by the Spaniards , for Trading in the Bay of Mexico , and who thereupon , having been allowed by her Majesty , to make himself reparation and satisfaction , for the Wrong and Dishonour done to her , as well as for the Loss and Injury , which he had Sustained , sailed to Boco Fero , where being shewed the South Sea , and also assisted by the Native Indians , who had War with the Spaniards , he took and plundred some rich Spanish Vessels , at St. Lazarus de Chagra . Of which Bernardine de Mendoza , who was then Spanish Ambassador at the Court of England , having by a Memorial which he presented to the Queen , complained as a great Act of Depredation , committed by Drake upon the Spaniards in the West Indies , and thereupon demanded reparation of the Loss and Damage , which his Masters Subjects had thereby undergone , he was answered by the Queen almost in the very terms , and directly to the purpose following . Namely , That as the Spaniards had drawn these Inconveniencies and Mischiefs upon themselves , by their severe and unjust dealing with the English in their American Commerce , and their Trade there with the Natives , so she did not understand , why either her Subjects , or those of any other European Princes , should be debarred from Traffick in the Indies . Vnto which as she did not acknowledge the Spaniards to have any title by the donation of the Bishop of Rome ; so she knew no right they had to any places there , besides those that they were in actual possession of ; Seeing their having touched only here and there upon those coasts , given names to Rivers , or Capes , and possibly built a few Cottages , were such insignificant things , as could no ways entitle them to a Propriety , further than they were actually settled , and continued to inhabit . And therefore , that as all their claim unto other Parts , Places and Countries in the West Indies , was only Imaginary and Chimerical ; so it was thereupon Free , for other Princes and States , and their respective Subjects , without the least Breach , or Violation of the Laws of Nations , both to Trade and Transplant Colonies , into all such American Districts and Territories , where the Spaniards did not inhabit . And that as all pretence to a right to any Country there , otherwise than as they were possessed of it , is nothing but a vain and unjust Vsurpation , which makes no foundation , nor gives any right by and according to the laws of Nations , for a limited and restrained claim , in and over those Countries ; so it is as lawful for any other Nation , as it is for Spain , to Navigate that vast Ocean , without being inhibited , obstructed , or therein Disturbed ; in that the use of the Sea and Air is common unto all and every people whatsoever , neither Nature nor custom having given or allowed , possession or Propriety thereof , to any one particular Country of the World , Preclusive of others . But tho' this that I have here reported may very reasonably be counted enough to have been said under this head , as being so full , as well as pertinent , for shewing how little reason and cause there may often be , of Judging hastily , conclusively and prejudically of the proceedings and Facts of the Subjects of any State , or Soveraign , meerly because of complaints exhibited in Memorials by the Ambassadours of other Princes , stiling and representing what hath been done by them , under the Characters of being violatious of the Laws of Nations , Invasions upon the Territories and Jurisdictions of Potentates , and Infractions of publick Treaties and Alliances ; yet I shall not reckon it either superfluous or impertinent , nor will the reader I hope think it tedious , to have one Instance more subjoyned , that was of a parallel nature , and to the same purpose and upon the same occasion : which as it referreth to a Memorial of the same importance and kind , with those that have been presented lately to his Majesty ; so it was one delivered into a King of great Britain by an Ambassadour of Spain in the name and in obedience to the Command of his Master . Whereof the Story in brief is this : Namely that in the year 1629. being after a Rupture , and during the time of a War , between the Crown of Great Britain , and of Spain , divers of the English Nation , finding the Islands of Cateline and Tortuga unpossessed and empty of Inhabitants , did thereupon seize and begin to plant Colonies , on them , giving to the former the name of the Island of Providence , and to the latter the name of the Island of Association . And which they continuing to inhabit , and occupy after the establishment , of the Peace betwixt his Britannick Majesty , and the Catholick King , Anno 1630. the Spaniards became thereat offended , not only because of its being an extending , and an enlargement of English Settlements in America , but by reason of the nearness of those Islands to the Spanish West-India Colonies , particularly to those of Cuba and Hispaniola , and accordingly complained thereof to King Charles the First , by their Ambassador ; who tho' he was a Prince both of those Morals and Politicks , that he would not countenance , the least thing that was unjust , and Illegal towards and against any , and much less in relation to Soveraigns and Potentates , with whom he was in Leagues , and Alliances , nevertheless he gave in Answer to the said Complaint , that his Subjects having found those Islands , both unpossessed by the Spaniards , and uninhabited by any other people whatsoever , had thereupon by the Laws of Nature as well as of Nations , a Liberty and Right to sit down and to plant there . And that they ought not to be therein Obstructed or hindred , either because of Jealousies , which the Spaniards might entertain , on the foot of those Islands being so adjacent to their Territories , or by reason of any apprehensions they might have , that English Colonies there , would prove afterwards inconvenient , and prejudicial unto them . In which Answer the Spaniards were so far forced to acquiesce at that time , as not to reckon that Fact of his Britannick Majesty's Subjects to be any Infraction of Alliances , or a Rupture of the Peace . Tho' I must withall add , that upon the arising of misunderstandings between King Charles the First and his People of England , and upon his Subjects of Scotland running into Rebellion , the Spaniards made those advantages , of our quarrelling here at home among our selves , as to assault the English in both the forementioned Islands , and were therein so successful , as first to drive them out of Tortuga , Anno 1634. and afterwards out of Cateline Anno 1640. In the attempt whereof as they acted against all the measures of Law and Justice , and to the highest degrees of cruelty and barbarity in the execution of it , so it is too well known upon whom both the blame and Infamy are to be charged , that those Invasions of the Spaniards upon the Rights , Properties and Possessions of the English , were not Revenged as they deserved , and as they undoubtedly would have been , had not King Charles been diverted and hinder'd from it , by the unhappy differences , which sprung up between him and his People . Having then done , what I hope will be judged sufficient to obviate and prevent all misconstructions and sinistrous thoughts , which might otherwise have risen in the minds of any , by reason of the late Memorial presented to his Majesty , I do reckon , that I have thereby paved my way , towards an examination of the Fact of the Scots Company , in their setling at Darien , whether it ought to be accounted illegal , and unjust , contrary to the Laws of Nature and of Nations , and to interfer with solemn Regal Stipulations ? or whether it may be esteemed Lawful , Righteous and Agreeable to all the rules and measures of Wisdom , Amity and Justice ? as that I may now apply and address my self directly and closely to it , without finding the forementioned Remonstrances , to remain an Impediment and obstruction in my way . And as an Introduction thereunto , I cannot but both acknowledge and commend , the Fair , Honourable and Friendly proceedure of the Catholick King , in that he hath by Memorials , given in to his Britannick Majesty , chosen to assert his pretensions and rights in an Amicable way , and so affords an opportunity , that the whole World may be satisfied , on the Foot and Topicks of Reason , Custom and Law , that neither the Act and Patent , which the King of Great Britain , hath granted to his Subjects in Scotland , are any ways either disagreeable to Treaties with Spain , or dissonant from the received Maxims of Equity and Justice , by which States and Princes do govern themselves , in their Publick and Political actions towards one and other ; Nor that the Scots Company , have either exceeded the limits prescribed unto them , in the Statute and Charter , by which they are authorized to Trade to Africa and the Indies , and to establish Colonies and Plantations there , or that they have done any thing prejudicial unto and Invasive upon the Rights of Spain . For hereby instead of putting the decision of this great and important affair , upon the Strength Power and Success of Arms , and the verdict that should result from Hostility and War ; it is placed on the amicable foundation of Reason , Alliances and Laws , and made adjudgeable in the Cabinets , and at the Councel Boards of Princes , and not immediately referred to a determination , by Fleets and Armies on the Ocean and Continent . And therefore that this matter , may be set and represented in the best and clearest light , for an amicable adjustment , and composure of it , between his Brittanick Majesty and the King of Spain , I shall in order thereunto , propose and lay down , some things in the way of so many Premises , which which shall carry that intrinsick certainty and evidence in them , as to resemble and be of the Nature of Postulata in Mathematicks , and which shall be found as undeniable principles , in a discourse that is relative unto , and concerning right of property in a Country , as the other are acknowledged by all men to be in Geometry . Whereof the first is this , namely , that the Original , most Ancient , and that which is by all Civilians , confessed to be the ground and foundation , of the uncontrovertible Title and Right of any people , to this or that Country , is their having been the Primitive Occupiers and Possessors of it . Quod enim est Nullius , per occupationem acquiritur ejus Dominium , say all Civilians . For while the greatest , or any part of the World , lay wholly Void and Vninhabited , and for the Occupation whereof , no formal Division had intervened , and been agreed upon , by those who emitted Colonies for the possessing and planting such and such parts of the Earth , assigning to every one of those Colonies , there several and respective partitions and districts ; in that case the right of Title unto , and of Property in such a Country , and place became , primi possidentis , his or theirs who were the first occupiers thereof . 'T is taken for a dictate of Nature , and is that which the Universal reason of Mankind conducted them unto , in the first and separated division , which was made of this habitable World , so far as it was void and uninhabited , Vt quod quisque occupasset , id proprium haberet , That whatsoever any came actually to possess and occupy , thereof they should be acknowledged to have the propriety . And as Cicero long before our late Civilians expressed it , Quod cuique obtigit , id quisque teneat , Wheresoever any mans Lot falls to be the first possessor , that he hath a Legal claim thereunto . Which possession or occupation ▪ as they are not accounted to stand acquired by any meer act of the Mind , whether in way of wish or purpose of settlement in such a place , but they are only obtained in and by a Bodily Act , that is quasi positio pedis a placing and fixing there foot upon it ; So no bare transient and vagrant passage , thro' an empty and uninhabited Country without setling their abode , and continuing to reside in it , was ever held sufficient by any Civilian for the giving unto those Itinerant passengers a claim of Property and Inheritance there . For as Grotius says Desultoria possessio nihil efficit , An occasional touching at a place without settling and continuing to inhabit giveth no right thereunto in Law. And as Puffendorf speaks to the same purpose , Occupasse tum demum rem aliquam dicimur quando possessionem ejus adprehendimus : ita ut occupatio rerum mobilium fiat manibus , soli pedibus ; vidisse autem tantum , aut scire ubi quid sit , nondum ad possessionem sufficere judicatur . Whereunto may be added in the second place , That the Spaniards did not find those Countries , Kingdoms , Isles and Provinces , whereof they are either possessed , and confessed by all to be so , or those unto which they pretend a right , tho' it be not acknowledg'd by others , void and empty of People , and uninhabited ; but that when they came thither and arriv'd there , they found them actually possess'd by a large and numerous People that had no knowledge of , nor dependance upon Spain , nor had deriv'd either their own Original , or their Title to occupy and inherit those spacious and vast American Territories from the Spaniard ; so that whatsoever Title or Property the Spaniards are come to have unto , and over those Dominions , it must be deriv'd either from the Donation of the Pope , or acquir'd by a Conquest of those , who were the previous and ancient Proprietors ; or it must be obtain'd by a grant from the Natives , in the vertue whereof the Spaniards have a right transferr'd unto them , and are with and by the consent of the Indians , made the rightful and universal Proprietors of all those Countries . And as to their Claim by the Pope's Donation , the very mentioning , and much more the pleading of it , is a ridiculing , as well as bantring of Mankind ; seeing even on the supposal , that the Roman Pontiffs should be acknowledg'd the Successors of St. Peter , which as no Protestants are forward to believe or confess , so they have never hitherto found , nor do they think they ever shall find the Pontificians able to prove it : Yet this would invest them with no right of disposing the Kingdoms of the World as they please , and unto whom they will. For Peter being cloathed with no such Power himself , nor having ever pretended to exert such a Jurisdictive Authority , as some Popes have had the Vanity and Pride to do , how could he convey it unto , and entail it upon others , under the quality and character of being his Successors ? Yea our Lord JESVS Christ was so far from exercising a Power and Authority of divesting Princes of their Soveraignties , Principalities and Dominions , tho' all of them were then gross Idolaters , that he would not be prevail'd upon to divide an Inheritance between two Brethren , when desir'd by one of them to do it . But as he made it the duty of all those who should believe in him , and embrace the Christian Faith , to be conscientious and exact in yielding Obedience to all the Laws and Commands of Civil Rulers and Magistrates , whether they should be Heathen or Christians , provided that those Laws and Injunctions were not inconsistent with , and repugnant to the Laws of God : So he was Himself contented to Pay Tribute to Tiberius Caesar , who was both an Idolater and a Tyrant . Nay , so far are the Bishops of Rome from having any Jurisdiction in the quality of St. Peter's Successors , over the Dominions of any Prince and Potentates whatsoever , That all the right which they have to their own Temporal and Secular Possessions , even to that which is vulgarly call'd the Patrimony of St. Peter , is by and from the Concession and Grants of Potentates , Kings , and Civil Rulers ( among whom I wou'd not be thought to place Constantine , whose pretended Donation is a meer Fiction and Chimera , but some that were later than he ) who were more Liberal and Beneficent , than they were Prudent and Wise. Moreover , tho' the Spaniards have had sometimes , the weakness as well as the vanity to Claim a right to the whole West-Indies , thro' and by vertue of the Donation of Pope Alexander VI. in his Bulls Dated 2d and 3d of May , Anno 1493 , yet the very Spanish Historians do assure us , that Ferdinand and Isabella who were King and Queen of Castile , when Columbus made the first discovery of the West-Indies in the year 1492 , having consulted with those who were esteemed the most Learned in the Civil and Canon Laws , thought it needless to use any such Formality as to desire a Grant and Donation of those Countries from the Pope ; and that the Bulls of Alexander VI. were obtain'd , or rather accepted upon some particular Considerations . Nor have divers Nations , and those Roman Catholicks , as well as Reformed , made the least scruple of sailing unto , and settling in the Regions and Countries of America , notwithstanding the Pope's Bulls , by which they are said to have been granted to the Kings of Spain . Seeing besides what hath been done by divers Princes and States during this whole present Century , and a good part of the former , whereof I shall here make little or no mention ( it being notoriously and fully known , not only to every Statesman , Scholar , Merchant , Shopkeeper and Artificer , but to those who are the meanest Boors , Peasants , and the ignorantest part of Mankind ) there were divers attempts and endeavours made by others Trading to America immediately and soon after the emission of those Bulls , upon which some would found the Spaniard's having a right and claim , and legitimate Title to those Dominions . For no longer than three years after the pretended Donation of all the American Territories to Ferdinand and Isabella , King and Queen of Castile by Alexander VI. did Henry VII . of England ( tho' a zealous Roman Catholick , and one who by reason of his Domestick Troubles stood in great need of the Favour of the See of Rome , and who no less courted it ) Equip and set forth in the Year 1496 , four Ships under the Command of Sir John , and Sir Sebastian Cabet of Bristol , to discover , enter upon , and take possession of any place or places of the West-Indies , that were not in the actual possession of the Spaniards , which by his Authority and in his Name they did from 25 to 26 Degrees of the Northern Latitude ; and in two Voyages which they made to the West-Indies , they both establish'd a Friendship and Trade with the Natives of Florida , Long-Island , and of divers places of those American Countries . And tho' Henry VIII . who succeeded him ( thro' his being employ'd in Wars with France and Scotland , and taken up about important affairs at home ) could not extend his Empire in the West-Indies ; nevertheless there were , even in his Reign , divers private Persons that voluntarily engag'd in the making discoveries and settling Trade in America : And among others whom we do find equip'd and sent forth upon this Design , were Edward Spurstow , in the 5th and 9th Years of Henry VIII . and Robert Warner in the 12th of the same Reign , who made rich Voyages thither , and were kindly entertain'd by the Natives . And which is of affinity hereunto , and extremely pertinent , for shewing the insignificancy of the foremention'd Bulls to the establishing any right in the Spaniards to any other Parts of America than they are actually in possession of ; it deserveth to be observ'd , how that Vespusius a Florentine by order of Emanuel King of Portugal , did in the Year 1500 , discover all Brasile , which makes a large part of the American Continent , and that the Portuguese asserted their right unto it , and preserv'd a liberty of Trading thither , notwithstanding all that was objected to the contrary by Ferdinand and Isabella of Castile . Whereunto should I add what hath been done since , and that not only by the English under Queen Elizabeth , and King James , Charles ▪ I. and II. but by the French and Dutch , and by divers other Nations and States , which have all traded to and settled several Colonies both upon the Terra firma and the Islands of America , notwithstanding either the Popes Bulls of Donation of those Countries , and Islands to the Spaniards , or their pretensions unto them , by any other Right or Title whatsoever ; it would evidently and unanswerably appear , that their Claim to the West-Indies was never further allowed and admitted by any European Potentates and Rulers , than in reference to those Places and Territories of which they were become actually possess'd . Yea the Pope's grant of the West-Indies to the Castilians , having been in order to the propagation of the Christian Faith among those Infidels , The See of Rome challenging no Power or Authority to dispose of Earthly Dominions , save in relation thereunto , and neither for destroying the Natives or usurping their Territories , it naturally follows that the Spaniards having acted so directly contrary to all this , both in Massacring above Forty Millions of the Indians , and in the encouraging them in their Heathenish Idolatry , thro' selling their Idols unto them for Money , after the Indians had thrown them away , rather than in seeking and promoting their Conversion to the Christian Religion , can pretend no claim of right and title to those Countries and Dominions by the Pope's Bulls , but as De las Casas expresseth it , All their Conquests are to be accounted Vnjust , Tyrannical and Null . 'T is true that the Spaniards have at all times been displeas'd with , and opposite unto the Settlement of any Nations in America besides themselves ; but the many rich Colonies , such as Virginia , Barbadoes , Bermudos , New England , New York , Carolina , Pensilvania , Jamaica , &c. which the English have there , besides what places are possess'd by others , especially by the French and Dutch in that part of the World , do abundantly shew , that all Nations do account the Claim of the Spaniards to the whole West-Indies to be no better than a weak , vain and chimerical Imagination , and that the Popes Bulls by which it is alledged that they are entituled thereunto , are no otherwise esteemed by European Princes and States , than as a Jest and Banter . Nor , Finally , have the Spaniards themselves paid that respect to the Bulls of Alexander VI. which they should , and certainly would have done , had they taken their right to the American Islands and Dominions to be deriv'd from them : Seeing whereas the same Pope had in and by these very Bulls , not only confirmed unto the Portuguese their title to such places , as they were not only possess'd of in the East-Indies , but to all other whatsoever in that Eastern quarter of the World , for the Occupying and Inheriting whereof they had formerly obtain'd Bulls of other Pope● , and particularly of Eugenius IV. excluding all others from trading thither , yet notwithstanding of this , they of Castile laid Claim to the Moluccao Islands , to which Ferdinand Magelanus had found a passage by the South-West of America , and continu'd to assert and defend their Pretensions to them , until John King of Portugal , by lending the Emperor Charles V. 350000 Ducats , upon condition , that He and his Heirs should forbear trading to the Molucca's till the Money were repaid ; they declin'd the maintaining their Title to those Islands , and laid aside their trading to them . Nor is it unworthy of remark , as well for the chicane as the pleasantry , and divertisement of it , that the Pope having divided the new World into two Hemispheres , allotting the Western to the Spaniards , and the Eastern to the Portuguese , how that they coming to disagree about their respective Shares , each of them laying claim ( as I have said before ) to the Molucca Islands , as falling by that division within their Portion , and the decision of the case , seeming to depend upon Mathematical Calculations , about which the men of skill in Geography , being consulted on both sides , the Spaniards and Portuguese did in reference thereunto , differ from one another almost Forty degrees , in their fixing of the Longitude , and so dogmatical and obstinate were both in their accounts , that orders were given by publick Edicts , for fixing the Degrees and Meridians , in their several Charts and Maps , as they had been differently determined by the two Nations . Finally that which still shews a further slight put upon those Bulls , by the very Spaniards themselves is this , namely , that no sooner had Americus Vespusius discover'd the South Sea , and found store of Excellent Timber , for building of Ships , near to an excellent Port , that was but one league distant from that Sea , and which Vespusius called Ralio , then that having immediately built two Ships there , he sailed from thence to the Northern parts of the East Indies , and begun in the Reign of Charles the 5th . to settle a Colony there upon one of those Islands , which afterwards upon the perfecting of that Plantation in the time of Philip the 2d . came to be called the Philippine Islands , where to this day they have a Colony , and keep possession of them in scorn and contempt of the Pope's Bulls , by which all the East-Indies were granted to the Portuguese . The Third and last thing that I would premise upon this occasion , and in order to the clearer determination of the point in dispute , is , that whatsoever right of propriety , and dominion the Spaniards may have , by the Title and upon the foot of Conquest acquired in and over the Empires of Mexico and Peru , and such Countries and Provinces , that were dependent upon , Subject and Tributary unto those two Empires , yet they cannot thereby have obtained and Jurisdiction Title or Claim of possession over , in , and to those regions , districts and places of America which as they have never Subdued , so they of those places were not nor at any time had been in Vassallage or Subjection to the Monarchs and Soveraign Rulers of either of those Empires . I could very justly have laid down the Postulatum , and proposition more at large , and at the same time been able to justify it both by Reason and Authority , and to have proved and made it good , as well by Artificial as Inartificial Arguments : namely that whatsoever Legal right , the Spaniards may have acquired to those Lands and Territories in America of which they are possessed , by the claim and upon the foot of prescription thro' their having Inhabited , occupied and inherited them for above 200 years , without interruption , disseisure , or dispossession ; yet they never obtained a Lawful and righteous Title unto , or a Legal Jurisdiction over them , upon the basis and foundation of having Conquered the Mexican and Peruvian Emperors and Empires in and by a Just War , but that they rather subdued , and destroyed those Monarchs , and Possessed themselves of their Dominions , by Fraud , Violence and Usurpation . Now Puffendorf tells us , and that agreeably to the opinion of all Civilians , that per solam vim injustam , non posse alicui Solidum Jus quaeri , & cui exadversum , obligatio conscientiam stringens respondeat , nisi vitium acquisitionis purgatum fuerit per accidentem post novam causam quae per se jus parere idonea est . No right is acquired , or doth arise or accrue to any , by the alone and single means of unjust Violence and Force ; nor do a People become obliged and bound in conscience to pay Fealty , and Allegiance , and to yield Obedience to such , as have Unrighteously and without Cause , or Provocation , Overpowered and Master'd them , unless and until something else doth interpose and intervene , that may create and give a Title , and right of Domination , Rule and Authority unto the Former and beget ties of legal Subjection and Obedience in the latter . For as Grotius affirms to the same purpose , That Actus Imperij invasoris quos exercet , nullam vim habere possunt ex ipsius Jure , quod nullum est . That no Invader meerly as such , and under that reduplication hath a right of exacting Fealty and Obedience of the Subjects of those Princes , whom they have without Justice violently and forcibly assaulted . That Quicquid Jure possidetur , injuria aufertur ; What any rightfully possesseth , he cannot save injuriously be disseised of , is engraven upon the minds of all men , as a part of the Legislation of the Divine Creator , conveyed unto us with our Natures . Nor can it be denied by any , who do believe that there are such things , as Right and Wrong among men , and that they are under Laws which enjoyn , what is Just , and prohibit what is unjust ; but that the Wars which the Spaniards made upon the Emperors of Mexico and Peru , and upon such Supreme Rulers and Governours of those other American Territories and Countries whereof they are become possessed , were the most groundless , unrighteous and unjust , as well as the most bloody inhumane and barbarous , that ever were either begun , or carried on in any part of the World : Seeing that tho' those Potentates , Rulers , and their People and Subjects were not Christians ( and for any thing that we do know , were never provided of means nor furnished with advantages of being such ) yet they were as Lawful Kings , Princes , and Governours of their several and respective Dominions , Territories , and Districts in America , and as Legal Proprietors of their Demesns and Possessions there , as any European Prince or People whatsoever are in reference either unto the Authority and Jurisdiction , which they have and do exercise in this part of the Terrestrial Globe , or to the Lands and Goods where they do here inhabit , and which they do enjoy and possess . For Infidels being rational Creatures , as well as other men are , they are thereupon Sociable , as well as they , and consequently capable of entring into Societies , and agreeing upon Laws for the Government of them ; and indeed to have Governours and to be Governed , are equally comon to all sorts of men , whether they Worship God or Idols , being things that have their foundation in the light of Nature , and not in Revelation . And therefore , Civil Dominion and Property , being no ways founded in Grace , or in the Orthodoxy of Faith , but in Principles of Nature which guide men to provide for their own safety , it is as much a violation of the Laws of God , and of Nations , to Invade the Countries of those Soveraigns and to deprive those Potentates of their Dominions , without a previous and antecedent just reason and cause , and it is as heinous an offence , against the Laws both of Nature and Revelation to rob and plunder their People of what they had and enjoyed , as it is for any one King and people in this Christian part of the World to do the like against and upon any other in this Hemisphere , and who are of the same belief of the Gospel that they who Invade them are . Nor have there hitherto been , nor hereafter can , any reasons be produc'd , for legitimating and justifying the War of the Spaniards , upon and against the natural Princes and the Natives of the West-Indies , but which do with greater evidence proclaim , and more singularly aggravate and enhance the guilt of it . For to alledge that they were Idolaters , and that therefore it was lawful , to make War upon , and to destroy and extirpate them , is directly repugnant to all the Principles of Humanity , the Maxims of Evangelical Meekness , and the Methods establish'd by our Lord JESUS Christ for the Propagation of the Christian Faith ; as well as to all the Laws of Nature , Revelation and Nations . And as the time once was , when all the Nations even of Europe , Asia and Africk , save the single and l●ttle People of the Jews , were gross and open Idolaters ; so I do not believe that any are so far void of good Sense , and of humane Sentiments , as to think that the Jews , had they been powerful enough to have attempted it , stood warranted and authorized to have depopulated the Earth , thro' destroying the Inhabitants of it . And considering how the same Character of being Idolaters is by most of those of all Countries that are stiled Reformed fasten'd upon the Spaniards themselves , because of divers Religious Actions in their Pontifician Worship , it is not therefore to consult well for their own safety , to invest those who do both believe and call them so , with a right of Slaughtering and Murdering them upon that account . And whereas it may possibly be pretended , that the Spaniards had just cause administer'd unto them , of making War upon the Indians , even almost to the extripating of them , in that the Potentates and People of America , would not admit them to Trade and reside peaceably among them : It is as irrational and barbarous an Allegation as the former , and is withal uncontroulably false with respect to matter of Fact , which the other was not . For abstracting from the question , whether one People may not lawfully exclude and debar another from Trafficking with them , and settling in their Country , which why it may not be done in other Cases , besides that of open Hostility , I will not at this time take upon me to decide ; but that which I do affirm , is , That the Spaniards had no provocation of that kind given them for their making War upon the Natives . It being declared and recorded by their own Historians and Writers , that the Indians receiv'd them chearfully , and treated them amicably , and entertain'd them according to all the rules of Hospitality and Friendship ; yea , both wellcom'd and esteem'd them rather as Gods than as Men , until the Spaniards , by their Barbarities perpetrated upon the Natives , provoked them to seek and endeavour , how to preserve and defend themselves from their brutal and hellish Rage . So that , tho' there be not the least shadow of truth in that pretence for the Spaniards having made War for Forty Years successively , used all the Arts of Fraud , Treachery and Violence , for destroying and exterminating them , which they so far effected , as to Murder above Forty Millions of Men , Women , and Children , to the laying waste some of the largest and finest Countries in the World , and the rendring them in a manner destitute of Inhabitants ; yet the folly and impertinence of those who produce this as a reason , and in justification of the War that was made upon the Indians , are too obvious and remarkable to be overlook'd , and silently omitted : Seeing by the same reason , and upon the same motive , that they seek and endeavour , to have the Spaniards either excused or justified in what they did against the Natives of America ; an European Nation that hath Strength and Power enough to fall upon the Spaniards in their West-India Provinces , and is able to drive them thence , becomes warranted and authorized to do it , in that it is their avowed principle and practice , to permit none to Plant and Trade there besides themselves . So that it being apparent from the whole , that hath been said under this Head , that the War which the Spaniards made against the Rulers and Inhabitants of the West-Indies , who were the Ancient Natives , was , upon all accounts , most unrighteous and unjust , it doth from thence unanswerably follow , That no Title in those Dominions can arise and accrue unto them , from their having been Victors and Conquerors in that War. It being impossible that what is lawful and just , should be the natural , proper and immediate effect of what is in it self , Wicked , Abominable and Villainous . And therefore such of the Spanish Nation as have been wise and honest , they do renounce all claim of Right in the Crown of Spain to a Soveraignity and Jurisdiction over those Countries , and the having a legal property in them , on the Foot and Foundation of Conquest , and are willing to place and settle it on the bottom of their own Occupation and Possession , and quiet acquiescence of the Natives . And indeed when Columbus had first discover'd the West-Indies , and was about to establish Colonies in those Provinces , and being at his second Voyage to Hispaniola , advised by some of his own People , and particularly by one Father Boyle , to sieze upon Guacanagari , that was an Indian King , and stood accused for having Murder'd some Castilians , whom Columbus had left there upon his first Voyage thither , he not only refus'd to do it , but declar'd that he came not into those Countries upon a Design of using Force , nor in order to make a Conquest , but in a peaceable and gentle way , and to settle with the consent of the Natives . In brief , tho' neither any crimes against God , wherewith the Indians were chargeable , nor any undue and inhumane carriages towards the Spaniards , at their first Landing in America , whereof some have had both the Impudence and Indiscretion to accuse them , were either just motives according to the Morals of Heathens or Christians , or allowable by the Laws of Nations , as Lawful causes for the Spaniards making War upon that People , yet both the occasions of it on the part of the Natives , and the real Inducements unto it on the side of the Spaniards , are too obvious and apparent , to escape the Observation and Notice of any person , that is conversant in History . Namely , that the Simplicity , Meekness , Patience and Unacquaintedness with Arms , and Martial Discipline , and their being ill provided of Weapons , either Offensive or Defensive , together with their abounding with Wealth , and their Countries being stored with Gold and Silver Mines , were the true occasions of that War , on the side of the Indians , and an insatiable Avarice , a Brutal Insolence , and unquenchable thirst after Blood , were the real causes of it , on the part of the Spaniards ; who under all their pretences , of converting those Infidels to the Christian Faith and Worship , intended principally if not only , the destroying and extirpating of them , and converting their Countries and their Treasures to their own use . Whereunto may be further added under this head , that the Murther of the Emperours of Mexico and Peru , and the destroying all such as were of the Royal Lines , of those two great Monarchical Families , which was perpetrated against all the measures and obligations of Gratitude , Truth , Honour , Equity and Justice , and with all the Treachery and Inhumanity imaginable , gave no Legal Jurisdiction to the Spaniards , over such as had been Subjects or Vassals to those Soveraigns , in that the Spaniards did not set themselves up , and lay claim to an Authority , in order to Govern the Mexicans and Peruvians , to their Advantage and Benefit , but that they might extirpate and exterminate them . And Governments being at first instituted , for the safety of a People and not for their ruine : Kings being as Aristotle saith , ordained for the good of Kingdoms , and not Kingdoms for the Lust and Pleasure of Kings , to be Tyrannized over as they will , such can never acquire any right to Rule and Govern a Country , whose design work and endeavour were to depopulate it . And if on the supposition , that it were possible for one , that is a Legitimate Soveraign and Monarch , to entertain a purpose of making an Universal destruction of his People , instead of Protecting them ( which I do really think and believe no Prince whatsoever is capable of , who is not fitter for Bedlam than a Throne , and who needeth not rather to be Bound in Chains , than to be accounted fit to sway a Scepter , as being more Mad and Distracted , than any that are kept at Hogsden ) it were Lawful for his very Subjects , without the Violation of their Allegiance , to restrain and resist him ; Surely then it ought much more to be esteemed , not only Lawful but an indispensible Duty , to withstand and oppose those , to whom they had never been Subjects , paid Fealty , or yielded Obedience , that should challenge an Authority and Jurisdiction over them , meerly that they might in the exercise thereof , Massacre and Exterminate them , which was directly the case of the People of the West-Indies , in relation to the Spaniards , both at their first Landing among them , and for a long series of Years after . So that this serveth to Vindicate from blame , not only all those few and small Retaliations , which any of the Native Indians were capable of making upon the Spaniards , in Killing them wheresoever they could conveniently find , and were strong enough to Master them ; but it doth abundantly justify the withdrawment of all those that could , from a dependence upon the Empires of Mexico and Peru , as they are now become vested in the Kings of Spain , tho' they had been anciently either Subjects , or Vassals , or Feudatories unto them , and their erecting themselves into Free , Absolute and Independent Governments , that thereby instead of falling under , and being forced to submit to the Spanish Jurisdiction , they might be the better able to withstand their power , and to defend themselves against all the pretensions of the Spaniards , in their claim of Authority over them . And if the length of time , wherein the Spaniards have not only been in the quiet possession , but in the exercise of Rule and Government , over such and such West-India Provinces , Countries and Districts , that have , either actively , or passively , submitted to them , gives them a Title thereunto by Prescription , then certainly by parity of Reason , and on the same foot of account , are they who ( upon the Spaniards getting into Possession of Mexico and Peru , and there treating of the Natives in the manner above related ) withdrew themselves from any further Dependence on those Empires , and became erected into distinct , free and independent Governments , made likewise entitled to there Possessions , and Jurisdictions , by the same tenor and claim of Prescription . Nor is it to be denied , but that there are several Societies and bodies of Indians within the ancient Precincts and Limits of the foresaid Empires , who to this day , instead of submitting to the Jurisdiction of the Spaniards , are in continual and constant War with them . Whereof though a Multitude of Instances might be assigned , yet for the sake of Brevity , I shall only mention two . Of which one shall be the Collection or Herd of Indians , within the bounds of the Kingdom of Guatimala , whom the Spaniards have not hitherto Conquered , but would fain subdue , in order both to the setling a Commerce with some parts of Jucatan , from the doing whereof they are hindred by those Natives , and for the opening a way , for the conveying their goods over Land to the Havana , which they reckon would be often more for their safety , than the venturing them thither by Sea , from the Gulph . The other which I would mention is , that Sept and Tribe of Indians , who remain imbodied on the Northern part of the Province of New Mexico , who are both Valiant , and in implacable Hostility with the Spaniards , and whom they are more desirous to bring into Subjection , than any other that are unsubdued , because of the rich Gold and Silver Mines , which they know to lie in the Mountains , and within the Districts which those Natives possess , where they have hitherto covered and defended themselves , against the power of the Spaniards . Finally , if the Crown of Spain , cannot rightfully pretend unto any Soveraignty over those , whom I have mention'd , it is then Apodictically evident , that thro' their having master'd Mexico and Peru , and got into possession of those Empires , ( and by reason of a long and quiet Occupation , are come to be universally acknowledg'd to have a Right in them , so far as they are possess'd , and submitted unto by the Natives ) they can lay no Claim of Title , Authority or Jurisdiction whatsoever , unto and over such Places and People , who , as they never were in any way or manner dependant upon , or Feudatory to the foremention'd Empires ; so they were never subdued by , nor yielded any Fealty or Obedience to the Spaniards ; but instead thereof have all along been either in terms of Hostility , or in actual War with the Spaniards , and have defended themselves , and preserved their Territories from being over-run , subdued , occupyed , and inhabited by them . Which is the plain and direct Case of those of that part of the Isthmus of Darien , where the Scots , with consent of the Natives , and of their Rulers , have Landed , and are about setling a Colony . And this doth both conduct me more nearly , and let me in more closely to the Matter and Affair , which my design in the writing of this Discourse , is to vindicate and justify ; namely , That the Scots in their endeavouring to establish their Colony at Caledonia , at the Port , and upon the Harbour Acla in the Isthmus of Darien ; have made no Invasion upon the Dominions , Territories , or Demesns of His Catholick Majesty , nor have thereby done any thing which may be call'd an Infraction of , Treati●● and Alliances between the Crowns of Great Britain and of Spain . Now that I may manage this undertaking , both with all the Perspicuity , and with all the Candor imaginable , I shall freely grant unto the Spaniards whatsoever in Justice and Reason should not be deny'd them : That I may the more methodically , the better , and with the less offence to any afterwards deny unto them such Pretensions and Claims , as they have no grounds , either in Laws , or in Compacts and Stipulations for the demanding of . I do therefore willingly and with great readiness allow them to have a Title unto , and a Propriety in Mexico and Peru , and such other Provinces and Islands in America , where they have Plantations and Colonies , to such dimensions , so far , and to that extent of limits and bounds , as they do actually occupy and are in the possession of . For notwithstanding that their entrance into , and first settlement in those Countries , was mostly in the way of Force , Violence and Usurpation , and accompany'd with the greatest Barbarities , horridest Cruelties , and most execrable Massacres which it was possible for Men to practise , commit and perpetrate ; from , and by which no just and legal Title could result and accrue unto them in and over those Territories , as I have already said , yet thro' their having for so long , and for such an uninterrupted series of Years , peaceaby possessed and inhabited such and such places in the West-Indies , there is from thence , according to the Laws of Nations , a Title risen unto and become vested in them by Prescription over these Provinces , Isles , and Districts , that unless in the case of actual War , none may or can disturb , disseize or expel them , without the doing that which is unlawful , unjust , injurious , and highly Criminal . For if Prescription should not be acknowledg'd to create and give unto a Prince or People a Title to a Country , Province , or Territory , so far as he or they may have been possessed of them ; and if a peaceable and undisturb'd Occupation for an hundred or two hundred Years be not confessed sufficient time to found Prescription upon , the Right of many Princes , as well as of Common Men , would be very questionable to what they call their Inheritances , and Matter and Cause would thereby be administred , of Bloody Wars as well as of litigious and expensive Sutes in Courts of Law , both between Rulers , and between private Subjects , in most places in the World. But whereas upon this Concession which I have made , it may possibly be said and alledged by some , that thro' the Spaniards having a right of Soveraignity and Dominion in and over Mexico and Peru , they must consequently be own'd to have a legal Title to all the Provinces , Districts , and Places , that had been formerly , and particularly at the Castilians landing in America , were parts of , Feudatory unto , or any ways dependant upon those Empires : It being a Maxim in the English , as well as in all other Laws , That the Possession of a part in a Person or Persons that have the Right , gives unto them a just Claim of Possession to the whole . Whereunto the Answers that may be given are obvious from what hath been offer'd and laid down in the foregoing Postulata and Premises ; namely , first , That the whole imported in that Maxim , doth only refer unto , and obtain in reference to such , who had been , and were the legal and rightful , Proprietors of such and such Dominions and Territories , or who had thro' a Conquest in a just War , cut out and made a Title to themselves by their Swords ; whereas it signifieth nothing , nor is of any validity to the giving a legal Claim and Title unto , and over any parts of a Country , further than as they are actually occupyed and possessed , to those who neither had ancient Propriety in and over those Dominions , nor had come to acquire any in way of Conquest by a just War. Which being the plain and direct case of the Spaniards , even in relation to the Empires of Mexico and Peru ; it may therefore be affirm'd , and that consonantly both to all the Rules of Laws , and the Measures of Equity and Justice , and that from the Castilians having inhumanely , savagely , and treacherously Murder'd the Emperors of Mexico and Peru , and the having destroy'd all those of each of those Imperial Lines as they could byfraud or violence get within the circle of their Power , and their having set themselves to Slaughter , Massacre and Exterminate the Natives , as far as their might and strength , excited and influenced by Malice , Rage , Avarice , and insatiable thirst after Blood could extend and reach ; I say it may be affirm'd , that from thence and thereupon no Right or Title of Propriety or Dominion did arise unto the Spaniards in and over those Empires , further than they came quietly to inhabit , and were submitted unto ; but that rather thereupon the Natives of those two Empires were at liberty to account these two great Monarchies to be entirely dissolv'd , and might reckon that they themselves were in effect reduc'd back again to the State of Nature , and that whatsoever Power and Authority had either by primitive Compacts and Agreements , or by tacit Submissions been vested in those Monarchs , and their Hereditary Successors , was become wholly vacated and annulled , not only as to them and their legal Heirs , but to all such who should pretend to arise and set up in their room , in the vertue of any Claim resulting from their having destroy'd and murder'd those Monarchs ; and that the Power and Jurisdiction of the ancient Emperors of Mexico and Peru being altogether extinguish'd , there was thereby a Right as well as a Freedom restor'd unto and divolv'd upon the Natives , of disposing themselves , how , to whom , and after what manner they pleas'd , so that they might choose what Governors , and erect what Government they would , in order to their being kept in peace and safety among themselves , and be protected and defended from and against all such as should hostilely invade them . So that whosoever of those Indians , who had formerly been dependant upon and subject unto the Empires of Mexico and Peru , did , for the reasons I have mention'd , withdraw themselves from being for the future any ways under those Empires , or any parts or branches of them , and became united and confederated into distinct , separate and independant Communities , erecting Governments , and choosing Governors of their own ; As the Spaniards can lawfully pretend to no legal Claim of Right and Authority over them ; so it is not only free for those Indians to admit any European or other Nation to come , and to settle , and to plant among them , but they may upon the motive and guidance of their own Interest , as well invite as receive any sort of People to plant and reside among them , that shall shew themselves willing , and who may be able to assist those Natives against the Spaniards who make War upon and seek to oppress them . For as Civilians do generally agree , Si populus vel propriis viribus vel siociorum jugum hostile excusserit , sine dubio libertatem & statum antiquum recuperat . Whensoever a People , that hath been drove out of their Possessions , do either by their own Power , or by the aid and assistance of their Allies , rescue themselves from the Yoke and Dominion of their Enemies , they immediately thereupon do legally recover both their Liberty and Right to whatsoever they were disseized of ; and this is call'd Jus postliminium quod nascitur ex reditu in limen . To which purpose Grotius says from Pomponius , Expulsis hostibus ex agris quos ceperant , dominia eorum ad priores dominos redeunt , Vpon the expulsion of Enemies out of such Territories whereof they were by Invasion and Vsurpation become possessed , the Propriety and Dominion of those Lands do return unto such who had been the first Lords and Owners of them . Nor is any length of time allow'd by some of the best Civilians sufficient to give a Title , so much as by Prescription unto such who by force and violence were gotten into the Occupation of Countries and Territories , in case they whom they had subdued gave no signs of their submission to them , nor any ways testify'd their receiving of them for their Rulers and Lords . Nullum tempus , says one , sufficit ad acquirendum sum●um imperium , aut partem ejus necessariam , nolente primo possessore , quod significatur etiam silentio quando loqui non audeat . No length of time wherein an Vsurper possesseth , can vest him in a rightful Jurisdiction and Dominion , while he wants the consent in some manner intimated of those that were the first legal Inheritors , and that their very silence is enough to shew their refusal of becoming Subjects , when their circumstances are such , that they dare not express their disclaiming his Soveragnity over them . For in some cases it is enough that they murmur , tho' they dare not express their hatred ; seeing that they do not resist , is not because they would not , but by reason that they cannot ; and their being tame and silent under a Force , which they can neither withstand nor throw off , do no more declare and express their submission , than a Man approves of his being robb'd , when without contradiction or quarrelling , he delivers his Purse to a Thief whom he knows to be too strong for him . Yea , Secondly , it may be farther added in way of answer , That the whole which can be suppos'd to follow upon , and to result from the foremention'd Maxim in Law , is only that the Spaniards may thereupon and from thence pretend to a Title of Right in , and of Dominion over all such Places in America , as had anciently been either directly and immediately subject to , or by one way or another dependant upon the foremention'd Empires ; but it doth in no manner concern or affect the settlement of the Scots on the Isthmus of Darien , nor can it be pleaded as a reason for giving disturbance to their Caledonian Colony . Forasmuch as the Country of Darien , had never been any part of , nor any ways Feudatory or tributary unto , nor in any manner whatsoever dependant upon either of the foresaid Empires , but was always a distinct , free , and independent Country , and the Natives and Inhabitants thereof , a distinct , free and independent People . Nor hath the place of that Isthmus , where the Scots are particularly landed , and have begun to erect Forts , and do purpose to establish a Colony for Trade and Commerce , been ever subdued or inhabited by the Spaniards . To which may be further added , That as the District on that Isthmus where the Scots have begun their settlement was never dependant upon any part or place , where the Spaniards have their Colonies within the Isthmus , so the Ruling Natives of that little circuit where the Scots are , and of whom they have obtain'd liberty to settle and plant , were never subject to any other Indian Sovereign or Government within the Precincts of the Isthmus . Which leads me to a second Concession , that I am oblig'd to make unto the Spaniards , but whereof that they can have no advantages , for the weakening or rendring controvertible a right and legal Power and Liberty in the Scots to settle on the Isthmus of Darien , I shall give uncontradictable Reasons , and those such as shall be founded both upon Laws and Facts . That which I do then further grant unto them , is this , namely , That besides the many large and numerous Colonies which the Crown of Spain hath in divers other places of America , they have also several of very great importance and profit , within and upon the Isthmus of Darien . ●eeing the Spaniards are not only the undoubted Masters of several places on the Bay of Panama , and of the Coast of the Isthmus upon and towards the South-Sea ; but they do likewise possess Carthagena , which stands on a small Island , and Porto bello which is upon the Continent upon the North-Sea . Yea , I do moreover acknowledge , that besides their having heretofore possessed Nombre de Dios , and their having Planted upon some part of the River Darien it self , which are places nearer and more adjacent to that little District and spot of Land , where the Scots have begun to settle , than those already mention'd , but which they have since relinquish'd , and are wholly withdrawn from : They have likewise at this very time some small Territories in their Occupation which are not remov'd and distanc'd much above ten or twelve Lěagnes from the Caledonian Colony and New Edenburgh , where they are in the possession of Mines , out of which they dig Gold : In reference to all which places , as their Title and Right of Propriety is readily confess'd by the Scots , as well as legally asserted by themselves ; so neither the Scots nor any other Nation whatsoever , unless in case of open Hostility in a just War , can invade them there , or seek to dispossess them from thence , without incurring the guilt of great Injustice , and becoming violators of the Laws of Nations . Nevertheless nothing of all this , that I have granted , can or ought to be reasonably alledged as a legal plea against , a legitimate obstruction unto , or a lawful hindrance of the Scots establishing a Colony at the Port Acla , or the rendring it injurious and criminal in them , and an Infraction of Alliances , to possess , with the consent of the Natives , the Country bordering upon , and neigbouring unto it . Seeing the Equity and Justice of what they have therein done , are easie to be demonstrated from and by all the Topicks of Law , Reason , and Fact , upon which the settlement of Colonies by Aliens , Foreigners , or Strangers , in any parts of the World , have been accounted lawful , and do in the esteem of Nations stand justify'd . In order to the better and fuller clearing whereof , it may not be amiss to observe , That neither antecedently in the discovery of that part of America by the Spaniards , and their becoming at first possessors of any places there , nor at any time since , was the Soveraignty and Dominion of the whole Isthmus of Darien vested in any one Person whatsoever , as the sole and alone Ruler , Governor and Prince of it . But it anciently was , and has always hitherto been divided and distributed into several little Principalities and Jurisdictions , over which they who bear the supreme Sway , and give Laws unto the rest of the Natives in their different and respective Precincts , and both had , and still have , Obedience paid and yielded unto them , by those that were or are the Indigenae or Natural Inhabitants , deserv'd rather the Name and Stile of Captains than the Title of Princes and Kings . And who , tho' they be accordingly call'd by the Natives Caciques , which is a much lower appellation than those of Ingas , and the being the Off-spring of the Sun , by which Emperors of Peru and Mexico were stil'd ; yet they have been at all times both absolute within their several respective Districts , and altogether independent upon , and unaccountable to one another , or to any Potentate else whatsoever ; and how contiguous soever their Principalities may be , and tho' never so small , narrow and contracted in their Dimensions and Extents ; yet further than as they became confederated and united together by leagues between one another against their Enemies , and particularly for mutual defence against the Spaniards , whom they ever did , and still do account their common Enemy , they have at all times had an independent and absolute Power and Authority within each of their own particular Bounds , which they have unaccountably to any other Prince , Sovereign or Monarch whatsoever , exercised over such as did inhabit in their several distinct Circuits . Nor is this a thing singular and peculiar to the People on the Isthmus of Darien , but what hath been and still is common upon the Continents and in the Isles of Asia and Africk as well as in many other Countries , Provinces and Islands of America , besides that which I have been speaking of . Nor can any Person that pretends to have been conversant in Geography or Histories be ignorant of this matter , whereof all the Accounts and Narratives which we have of those three parts of the World do so fully and particularly instruct us . Neither ought we to think it strange , that this should be the form , model , and manner of Government on the foresaid Isthmus , and that the boundaries of supreme Authority and Jurisdiction there , should be so narrowly limited , confin'd and circumscrib'd , if we do but allow our selves to observe , how that there is the same Species of Rule and Domination both as to quality and extent , to be every where found and met with , in Brasile , Chili , Paragua , Florida , Carolina , Virginia , Malabar , and the Country which is call'd The Land of the Amazons , of which it is particularly remarkable , that there are above Fifty different Indian Nations , or distinct and independant Septs , on the banks of the River that is so call'd . Nor was the like heretofore altogether unusual and unexemplify'd in the European parts of the World , whereof the several and distinct supreme Principalities of the ancient Britains in England , where in Julius Caesar's time , there were no fewer than four distinct Kings in Kent alone , namely , Cingetorix , Carvilius , Taximagulus , and Segonax ; or , as Cambden calls them Reguli vel melioris Notae Nobiles ; Captains or Persons distinguish'd from the Vulgar by their Power and Figure , and whose Territories could not be much larger , if of that extent , as the Districts of the several Caciques on the Isthmus of Darien are . And the like may be said , only allowing them greater dimensions of Territory , of the Saxons during the Heptarchy afterwards in the same Country , as well as of the Scots and Picts in the ancient Caledonia . Yea , and the distinct and different Soveraignties which were in Spain it self , not only both before and after it was a Roman Province , but even until less than within these two last Centuries , As Leon , Arragon , Navarre , Castile and Portugal , under which the Christians in Spain were divided and those of Cordova , Sivil , Malaga , Granada , and others under the power of the Moors , not to speak of the several independent and absolute Jurisdictions , which are at this day both in Italy and some other places , do abundantly confirm the same . And were not the Bible a Book , that some men are little conversant in , they would not think it a Banter , to have those stiled Independent , Absolute and Soveraign Rulers , whose Territories are circumscribed and confined within strait and narrow limits . Seeing besides many Instances of that kind , which are to be met with in divers places of the Sacred History , they would find that Joshua subdued no fewer than 31 Kings in Canaan when he conquered the Land in order to settle the People of Israel in it , tho' that Country was not much larger in the whole extent and circumference of it , than some single Counties of England are ; not to add that as there were several Kings more , whom he did neither drive out , nor destroy , so most of the primitive Governments of the World were of that sort , constitution and complexion . But to what hath been already said and represented under this head , there is further to be added , that whatsoever Possessions , the Spaniards have obtained in that American Strait whether thro' their having conquered any of the Caciques , that had their Jurisdictions there , or by their having contracted Alliances , with those Indian Governours , and by Agreements with them and the Natives acquired a Liberty to sit down , plant , and to erect Colonies within the limits and bounds of their little Territories and Principalities ; or how much soever they may have encroached upon any of these Captains whom they have not wholly subdued , and wrested part of their Lands and Jurisdictions from them ; yet there are still divers of these Caciques over the Native Indians , who as neither they , their People , nor their Territories , were ever conquer'd by the Spaniards ; so they never enter'd into Agreements and Contracts with them , nor have at any time granted liberty unto them , to settle within the Precincts of their Lands , Inheritances , and Demesnes , but have at all times been in terms of Variance and Hostility with them , and for the most part in a state and condition of actual War. So that at least within the Boundaries and Jurisdictions of such Indian Governors , the Spaniards have no just or legal pretence of Property and Dominion . For how weak and mean soever those Natives and their Rulers may be esteemed and represented , yet that doth no ways alter the case , or any ways enfeeble their right unto , and their authority over their own Principalities ; but they do retain an equal Claim and Title unto , and Property in what was anciently and originally theirs , and what they have defended from the Invasion and Usurpation of the Spaniards , as if their Dominions were as large , and their Might and Power as great as those of His Britannick Majesty's are . The little Republic of Geneva hath as good right in Law to a Propriety in what they have immemorially possess'd , as the Great Monarch of France hath unto the vast and powerful Dominions over which he is Hereditarily King and Soveraign . Yea , they of San Marino in Italy are no less absolute and independent Proprietors and Governors in and over that poor and despicable Hamlet and Dorp , than those who go by the Stile of High and Mighty are over the Dutch Provinces in reference to those Things , Matters and Ends for which they became United and Confederated . Nor is the Duke of Mirandola , whose Territories do not extend themselves to three Italian Miles , less absolute and independent over his own small Principality , than the Emperor of Germany is with respect of his Austrian and Hereditary Countries . For according to the Laws of Nature and of Nations the point of Right and Property is the same in the Poor that it is in the Rich , and in the Weak that it is in the Strong . And how impotent and contemptible soever those unsubdu'd Caciques on the Isthmus of Darien are , in comparison of His Catholick Majesty ; yet it is enough to justifie their Propriety and Authority in and over what they possess , that the Spaniards have not by all their Power and Might been hitherto able to disseize , subdue , or drive them out ; but that all along since the Castilians first descended upon the Isthmus , and occupy'd several places within that Streight of Darien , they have been in a condition , either singly by the forces of some one or other of them alone , or conjunctively by uniting and joyning their several and respective Powers together , to cover , protect and defend themselves , their Territories and Jurisdictions from being so Invaded as to be over-run and subdued . Nor is the extent and dimensions of the Land and Territory so scanty and small , or the number of those Captains or their People so few , in which , and over whom the Span●●ards have not hitherto been able to obtain Possession and Authority , as some who do not give themselves leave to think so closely of thi● Affair , and to examine it with that accuracy which they ought to do , may be inclined and ready to imagine ; seeing , that upon the whole North-side of the Isthmus from the River Darien to the Bastimentos , the Spaniards are not in possession of one foot of Ground , nor ever were , save for a little while at first of Nombre de Dios , which they soon relinquish'd . And it is against both all the Topicks of Argumentation , and all the Measures of Law and Justice , that from the Spaniards having made some Settlements on the South-Sea , and their having , so far as they have obtain'd possession there , restricted and confin'd the Natives to narrow bounds , to infer and conclude from thence , their having a Propriety in , and a Jurisdiction over all the Northern Coast. And such a pretence is the more unreasonable and absurd , in that the Isthmus of Darien is naturally divided by a ridge of Hills that runneth from East to West . Nor can any allegation whatsoever more avowedly offer violence to common Sence , and more notoriously attempt the putting an Affront upon the Understandings of Men , than from the Spaniards being possessed of , and having dominion over one part of Isthmus , to deduce and conclude from thence , that therefore they must have a Propriety in , and a Soveraign Jurisdiction over the whole : And from their Title and Right of Prescription upon long Occupation , unto some of the Southern Boundaries of that Streight , to infer and plead their having in the vertue of that , a Title to the Northern parts thereof , of which as they were never in possession : so the People of the latter are wholly independent upon them of the former , and the Rulers of the one altogether Absolute within themselves , without deriving the least Authority from , or paying any kind or degree of Subjection and Obedience unto the other . And for the Spaniards to pretend , that thro' their possessing Porto Bello on the South of Darien , and Carthagena in a small Island on the North-side of it , that therefore , and by consequence , they ought to be acknowledg'd to have a right of Propriety in , and of Jurisdiction over all the adjacent Country , which is between two and three hundred English Miles in Dimension and Extent , is not to Argue , but to Banter , and to Ridicule and Lampoon Mankind , instead of endeavouring to instruct , satisfie and convince them . Especially seeing that as all the Settlements and Plantations which the Spaniards have upon , or near unto that Isthmus , whether upon the Southern , or the Northern Oceans , were all obtain'd without the consent of the Natives , so the Indians who live and inhabit in the interjacent and intervening Countries , between the Spaniards Plantations , on the South and North-Seas , have still preserved the possession of those Territories , without the having ever become subject unto , or the having any ways acknowledg'd the Soveraignty and Dominion of the Spaniards over them . And should we submit to that Way and Method of Reasoning , what a Claim would the Kings of France have had long ago , to all the Countries , Provinces , and Dominions , which the Catholick King doth possess and bear Soveraignty over in Europe ; in that all the Spanish Provinces are situated and do lie between the Countries which the French King possesseth upon the Ocean , and those which he hath right unto , and Soveraignity over on the Mediterranean . Nor can any thing carry more intrinsic and self-evidence along with it , than that when a People were not the first Occupiers , and the original Inhabitants , their Title unto , and their Tenure and Property in that case in a Country can extend and reach no farther , than as they are got into possession of it , either by the consent of the Natives , or by conquest in a lawful War , or by Prescription , thro' long Occupation , upon an unjust one . None of all which do in any manner obtain or hold , or can any ways be pleaded by the Spaniards in reference to the Peninsula on the Isthmus of Darien , where the Scots are settling and establishing a Colony . Moreover , to all that is already said under this Head , let me further subjoin , that no Nations being meerly in actual possession of part of a Country that had not been originally their own , hath been accounted sufficient in Equity , Law or Justice , to preclude and debar others from seeking to settle themselves in such places as those Strangers who had come first to plant there were not in actual possession of ; whereof it were easie to assign many Instances , but it being a matter whereof none that are acquainted with Books of Voyages , and Navigations , can be ignorant , I shall content my self with the mentioning of a few ; but in the mean time shall be careful , that they may be adapted to the case that is under present debate . Let it then be observ'd in the first place , That notwithstanding the English had planted upon the Continent , as well as in several Islands of America , and did particularly possess upon the Terra firma from New-England to Carolina , without the interposition of Colonies belonging to any European Princes or States whatsoever , nevertheless the Dutch finding Long-Island , that is since come to be call'd New-York , and which lyeth within the foremention'd Limits unoccupy'd , yet environ'd and surrounded on all hands by English Plantations , they did in a time of full and entire Peace betwixt the Crown of Great Britain and the Belgick-States , sit down and establish a Plantation upon it ; which without any disturbance from the English , or their quarrelling with them upon that account , they continu'd to possess until the Year 1667 , when after a Treaty of Peace between King Charles II. and the States General , for the putting an end to that War , which had commenc'd between those two Ruling Powers , Anno 1665 , Long-Island was exchang'd by the Dutch for Surinam . Moreover whereas the Spanish Plate Fleet must of necessity pass between Florida , and the Bahama Islands , unto both which the Spaniards do likewise lay claim by challenging a property in and a dominion over them ; yet notwithstaning of this , the English possessed themselves of the said Islands , and tho' the Spaniards both complained and did highly resent it , and so far as they had strength and power , did as well Barbarously as Injuriously treat those English , whom they found settled there ; nevertheless the Spaniards being no ways able to Justifie their Right and Title to those Islands , the English continued to assert and maintain the Possession , which they had acquired , as long as they themselves found there Intrest in it , and thought it convenient so to do . Yea notwithstanding that the Spaniards plead a right unto , and a propriety in Jucatan , and if the having over-run a great part of a Country , which is above 300 Leagues in compass , and the having Massacred a prodigious Number of the Native Indians , give them a legal Title unto , and a Dominion over all the Territories and Districts of it , It must be acknowledged that they had them . Nevertheless , the English have not only Sailed frequently thither , and Landed without asking leave of the Spaniards , but they did appropriate unto themselves the Logwood in Cape Cato , which belongeth thereunto , until it was so exhausted , that it could no longer answer the Charge of sending Ships thither . Yea King Charles the Second in time of Peace granted a patent to Dr. Cox to settle in the Bay of Mexico , which the Spaniards never questioned , nor complained of . And that the Doctors project did not succeed , proceeded from the inability or the backwardness of the Undertakers to carry it on , and not from the Illegality or Invalidity of that Princes Patent to have Authorized and Justified it . Further tho' the Bay of Campechay , which lies in the Gulph of Mexico , must be confessed to be Situate in a Country , over which the Spaniards pretend to have the sole Soveraignty and Jurisdiction , yet the English have accounted this to be no Obstruction in way of Law and Justice , to their settling at Port Royal in the said Bay , and their carrying on there the same Trade , of cutting and providing themselves of Logwood , which they formerly did at Cape Cato . Whereof as I never heard of any complaint made by the Spaniards ; So we may believe that it would not have been regarded if there had , but that the English would have pursued and persevered in the same Course and Method , of settling , removing , and resettling there again , all which they did as they thought convenient , and for their Advantage . Moreover tho' all men know , that the Spaniards have not only many great Plantations and Colonies in Hispaniola , but challenge a Peculiar right to that Country , as having conquered it , or rather got Treacherously , Violently and Barbarously , into the possession of it , and whereof their Massacring some Millions of the Natives , may be admitted as a crying and execrable , as well as a sufficient and undeniable Proof ; yet the French upon their finding Pettit Guaves , which lieth and is Situated in Hispaniola , Unoccupied and Unpossessed , they have without paying any respect to the pretensions of the Spaniards , taken the liberty to settle there , and to establish a Colony , and to cultivate a Trade . And likewise notwithstanding the claim of an Universal Right and Jurisdiction , which the Spaniards ( as I have often said ) do challenge unto , and over the whole Empire of Mexico , yet the French have not only once and again endeavoured to settle upon the River de Spiritu Sancto , which is in the Bay of Mexico , and are at this time studying how to settle at the disemboging of the River Messisipi which is in the Gulph of Mexico , but they have actually settled in Guiana , that is Situated upon the Terra firma of the Mexican Continent . Yea moreover still , namely that tho' the Spaniards have great Possessions and many Plantations , on the Isthmus of Darien towards the South-Sea , and do pretend a right of Dominion and Soveraignty over that whole Country , yet the French have been endeavouring to settle on the Sambolas Islands , which lie much nearer to Porto bello , and other Spanish Plantations on that Isthmus , towards the Northern Sea than Port A●la doth , where the Scots have begun to Fix and Establish a Colony ; in order whereunto , they do greatly caress and court a certain Indian Cacique , called Captain Corbelo , whose Territories lie from the Sambola's to that River of Conception , as hoping by his Favour and Assistance to succeed and prosper in their design ; nor are they wanting in their addresses to Captain Ambrosio , whose Jurisdiction extends from the River Pinas to the Sambol●s , and we may be sure upon the same prospect , if not also on the design of setling within the Isthmus it self , whose Friendship they have in a great measure acquired , partly by means of his mortal enmity to the Spaniards , and partly by the intercession of a Brother in Law of his called Don Pedro , who having been taken by the Spaniards , and kept for some time by them at Panama as a Slave , doth therefore irreconcilably hate them . Whereunto indeed much more might be added , and largely insisted upon in reference to such Countries Islands and Districts , which the French are become possessed of in those parts of America where the Spaniards pretend to have a Soveraignity and Jurisdiction exclusive of all other European Nations , but that it is wholly needless , and would be accounted to be done in design to weary the reader , rather than to inform and convince him , and which would also be an encreasing this discourse into a length and bulk beyond what the question in debate doth any wise require , tho' it be both very important in it self , and the desires and expectation of men at this time more than ordinarily excited and raised , for the having it fully cleared and decided . And therefore all that I will add further , concerning the rest of the Plantations which the French have in those American Territories and places , where the Spaniards do alledge their obtaining a peculiar property , and right of Dominion ▪ shall be barely to mention them . Namely that they have not only Colonies in Martinigo , St. Christopher's , Guardulupa , and divers of the Charibbes as well as other Islands , to the number at least of twelve or thirteen , and all these within the Limits and Boundaries unto , and over which the Spaniards do claim a Right preclusive of all others ; but that they also have and do possess several Forts on the Coast of Caribana , that lyeth in the very Heart and Bosom of Mexico , and which is not many Leagues distant from the Isthmus of Darien , or may be rather said to joyn upon it . And upon the some Motive of my designing to be short , and not to load and cloy the Reader with more Examples and Instances of the foregoing nature , than are either indispensibly necessary , or which at least may be such , as they who are impartial Inquirers into the legality of the Fact of the Scots Indian and African Company , will not be displeased to be made acquainted with . I say that I shall therefore upon that inducement , only briefly intimate what Colonies the Dutch have settled and establish'd within those American Territories , unto which ( besides the Title that the Spaniards pretend to the whole Continent and all the Islands of America on the Foot of the Pop's Bull which hath been already disprov'd and manifested to be vain and ridiculous ) they plead a particular Right , either thro' their having been parts of the Empires , Kingdoms , and Countries , of which they became possessed , or else that they had been some way or another , dependent upon , or tributary unto them . For the Dutch knowing all these Pretensions and Claims of the Spaniards to be groundless , vain , and ridiculous , and accordingly slighting and despising them , are not only settled in Surinam , and have several Forces on the Coasts of Guayane , and are Masters of the City Coro , which are all upon the Terra firma , but they have likewise possess'd themselves both of the Island Curasoa , that lies not above seven Leagues from the Main , near unto Cape Roman , and of the Islands Araba and Bonary which are not far distant from that , and had also planted in the Island Tabago until driven thence by the French , Anno 1677 ; during the time of that War which commenc'd 1672 , between France and Holland . By all which many and various Instances of divers European Nations settling within those Provinces , Islands , and Places of America , which they found unoccupy'd by any other European Princes or States , and whereof several more examples might be assign'd ( but that it is needless and would be superfluous ) of other Potentates and Republics in Europe that have done the like , notwithstanding any Claim of Property , Right and Title which the Spaniards pretend to have in , and unto them , and which they have with great confidence heretofore asserted , tho' without any foundation either in Reason or Law. I say , that I hope it will indisputably appear by these Instances and Examples , that what the Scots have lately done in the establishing a Colony with the consent of the Natives at Acla on the Isthmus of Darien , which was a place never possess'd nor occupy'd by the Spaniards , is , according to the same measures of Equity and Justice , undeniably lawful , and demonstratively justifiable ; and that all who are impartial and unprejudic'd will acknowledge it to be so . And whatsoever hath been said in defence and justification of any European Nation 's having a right to settle in such parts of America as were never occupy'd and possess'd by the Spaniards , it is of equal validity and force to authorize and warrant the sitting down and planting in any place , or places there , that may heretofore have been possessed by the Spaniards , but which they have since voluntarily relinquish'd ; as they are known to have done in the abandoning several places both on the Continent and in the Islands of America , where they had formerly settled and establish'd Colonies , as well as in their forsaking Nombre de Dios , and a Plantation which they once had on the River Darien , which they left and withdrew from ; after that they became possessed of Porto Bello and Carthagena . For tho' it hath been always acknowledg'd , as being grounded upon the Laws of Nature and Nations , that they who are the original , lawful and uncontroverted Possessors of a Country or Land , and have been once in the occupation of it by acts of the Body , may and do retain a Right and Title unto it by acts of the Mind , after their having Corporally forsaken and left it ; yet it is far otherwise with respect to a People who are come into a Country , not only as Aliens and Strangers , but as Invaders and Vsurpers , which is the case of the Spaniards in relation to those places on the Isthmus of Darien , as well as elsewhere in America where they had at any time heretofore set down and planted , but have since departed and withdrawn . For being neither the primitive Inhabitants , nor having settled there with the leave and consent of the Natives , they can stand no otherwise entit'led to any right in , and over those places , than as they have the actual possession , and are Occupiers in Fact. Seeing as their forceable and violent entrance into , and their sitting down in them , by , and in the meer vertue of Power and Strength , neither did , nor could defeat and extinguish the right of those that had been the Indigenae and original Inhabitants ; so immediately upon their withdrawing from , and their relinquishing of those places , the Title of the Natives unto them doth revive and take place , and becomes again as effectual , both for the justifying their own Re-assumption , and Re-occupation of them , and for their granting a liberty , freedom and right , to any other Foreigners to settle in those places , as shall come among them , and desire it , as if they had never been at any time , either disseized or driven from , or disquieted , interrupted and rendred unsafe in their occupation of them . And how easy were it to multiply Examples and Instances even in Europe , where they of one Nation having by Violence , obtained Possession of some of the Cities , Towns , Lands and Territories of another , so as either directly to expel and drive away those , who had been the Rightful Inhabitants and Proprietors , or to beget that fear in them , as to cause them to chuse of themselves , either to depart and fly from their Possessions , in order to escape the rage of those that had invaded them , than by continuing in their legal inheritances , to become exposed to the Lustful Pleasure , and cruelty of their Enemies ; Yet no man ever thought , that the Title of such , who upon the foregoing Motive , had abandoned , or who in the forementioned manner , had been thrust out and forced away , became thereby Annulled and Extinguished . But all do confess , and the practice hath been every where , and at all times accordingly , that upon the withdrawment , and departure of them who had been the Invaders and Usurpers , the other might in the virtue of their Antecedent and Ancient Title , reasume the possession of what they had been either driven from , or had abandoned . But not to trouble my Readers with Memoirs of that Nature , relating to Europe , I shall at once evidence and confirm what I have said by two Instances , whereof the First shall be in reference to a Country , upon the continent of America , that was once in the Possession of another European Power , than that of Spain , and the Second shall be concerning a noted Island in the West-Indies , that was heretofore possessed by the Spaniards , but both which are now in the rightful occupation of the English. The former in brief is this ; Namely , that the French in the Reign of Charles the Ninth and by his Authority , as well as by his encouragement , having in the Year 1569 ; Transported 1200 Families together with 300 Soldiers , to the Northern part of Florida , and having there established a Colony , between 32 and 33 degrees N. Lat. which after that Kings name they stiled Carolina , but who upon their treating the Natives injuriously , and thro' their having settled at places so remote and distant from one another , that the dispersed and scattred Planters , could neither give nor receive mutual Relief nor Support , were in the Year 1573 , assaulted and all cut off by the Indians , save one Monsieur Chaplain , and about 35 more , who got timely into a small Ship that lay close by a Fort , and therein escaped to the Island Anticosty , in the mouth of the River Canada , yet that notwithstanding of the settlement there of the French , and their having been once possessed of that place , the English are now gotten into Possession of it , and have erected there a Noble and Flourishing Colony , the propriety whereof , was in the Year 1661 granted by Charles the Second , King of England , to several men of Quality and their Associates , and whereof the French have never complained as of a wrong and Injustice done unto them . And indeed they are a wiser People , than to be guilty of so great an Absurdity , and they do very well know , that such a Complaint would by the English have been counted ridiculous , in that thro' their having been the first Europeans that settled there , but expelled thence by the Natives , on whom they had intruded , there neither doth arise nor remain unto them any Right of claim unto that Country , nor any exception against the Title of the English thereunto , who are become possest thereof with the liking and consent of the Natives . The Second is that of Barbados , which the Spaniards having for some time settled upon , left and forsook , in order to their planting in other places in that Hemisphere , which they hoped would turn to better account , and prove more to their Advantage ; as they did upon the like motive abandon many other places , where they had at first Sit down , which Island the English having found Unoccupied , either by them , or any other Europeans , and nothing left upon it , that could denominate the Spaniards to be Residential , or entitle them to the possession and propriety of it , save a few Hogs , that were never by any Laws whatsoever , reckoned proper and valuable Representatives , Substitutes and Deputies , for the keeping possession in the name and behalf of a people ; the English thereupon entred into the Island , and made settlements there , which how displeasing and offensive soever it was to the Spaniards at first , and how ready soever they were to have Quarrelled with their Successors upon that head , had their Power been answerable to their Resentment ; Yet they have by a solemn Treaty since , renounced all pretensions of Claim and Title unto it , and have acknowleged the English to be the Lawful Rightful Proprietors of Barbados . But I will insist no longer , nor add any more on this head , all that hath been already said upon it , having been done ex Abundanti , in order meerly to render this discourse , as particular and clear as I can ; not that it was absolutely and indispensably needful towards the Justification , of the Scots Calidonian Colony , seeing that place was never in the possession of the Spaniards ; But hath always continued in the possession of the Natives . The point then that is next to be more narrowly enquired into , and to be discoursed with greater application , than it hath hitherto been , is to search out , assign and shew the strength of the reasons , upon which the Scots sitting down erecting Forts , and planting a Colony , in the place above-mentioned is founded and done . And I shall endeavour to give that detale , and to make such an enumeration and deduction of them , as shall convince the unbiassed part of Mankind , that it is both Lawfully and Legally done by them , and without wrong , Injury or Injustice to the Spaniards . It is true that I might supersede the giving my self this trouble , in that thro' the Spaniards charging the Scots , to have therein Invaded their Territories and Demesus ; and the Scots positively denying it , the proof of the Charge and Accusation should be wholly devolved upon the Spaniards , for that being the affirmative part of the Controversy and Question , which is that alone in any matter of debate , which is accounted capable of admitting probation , it belongs therefore unto them to make it good : Whereas the Scots by insisting and standing altogether upon that which is the Negative part , are both by all the Logical Rules of Argumentation , and by all the Methods , Measures and Standards , allowed as well as required in judicial Proceedings , excused from proving of their Right any otherwise , than by answering the Allegations and Exceptions which the Spaniards do advance against it : For the Company denying that ever the Spaniards had any possession of the place where they have planted , or the least legal Right unto , or Property in it ; and the Spaniards alledging that they had , it doth in Law and Reason , belong unto the Spaniards to instruct and prove what they pretend unto , and challenge . Nevertheless , for the obviating of all Clamours , and extinguishing of all Suspicions against , and in reference to the Legality , Equity , and Justice of what the Scots have done , I shall put this Matter into such a shape and mould , as that the probation of it may be devolv'd and made incumbent upon the Scots , and the proofs thereof expected from them . That which I do therefore say and affirm , is , That the Scots are become rightful Proprietors of that part of the Isthmus of Darien where they are Settled , and that they have a good legitimate and legal Title to that portion of that American Streight , whereof they have taken possession , and are become Occupiers ; and that therein they have done no wrong to the Spaniards , but that they are upon a better , and a more just , righteous , and legal Bottom , in reference to their Caledonian Colony and Plantations , than the Spaniards themselves are , either in relation to those Settlements , which they have upon that Isthmus , or with respect to such Colonies which they have in any other parts of America . And that which I have here asserted , and with the highest confidence adhere unto my affirmation of , bears upon these Three following Things , which are all of them uncontestably True , demonstratively Evident , and as infallibly Certain , according to the receiv'd Maxims of Law , by which Titles , Rights and Properties are defined , decided and determined , as those Principles of Science are confessed to be , of the whole's being greater than a part ; and that where two Propositions are directly contradictory , the one of them unto the other , they cannot both of them be true . The first is , that the Natives were not only originally the rightful Possessors of that place , but that they were actually in the Possession and Occupation of it , when the Scots landed and sat down there . And hereof there are Five undeniable proofs . ( 1. ) Their inhabiting in that part of the Isthmus , not only independent upon the Spaniards , and without their leave , but against their will , and in defiance of their Power : Nor did they only continue to dwell there , without the demanding liberty of the Spaniards so to do ; but they had always debarr'd and shut out , nor had ever receiv'd or suffer'd the Spaniards to dwell amongst them . And if any thing be sufficient to declare a People to be the rightful and actual Possessors of a Country ; surely the possessing it both Hereditarily from the primitive Occupiers and Proprietors of it , and preclusively of all others whatsoever , must be held and esteemed enough to do it . ( 2. ) That the Native Indians were at the time of the Scots landing , and of their beginning to settle , the lawful , actual , and sole Possessors of that part of the Isthmus , where the Scots have erected Forts , and built themselves Dwellings , doth uncontrolably appear , from their having receiv'd and welcom'd them , without the having had any Communication with the Spaniards about it , and in order thereunto , or the having ask'd liberty of them for the doing of it : For it is not only dissonant from the Custom and Practice of all People and Nations whatsoever , who are either Subjects or Tributary to others , whom they acknowledge for their Rulers and Sovereigns , to admit and receive Aliens and Foreigners calmly and tamely among them , without first sending to their Superiors , and their rightful Governors , to understand their pleasure , and to obtain their Instructions and Commands concerning , and how to behave themselves in it : But it is likewise Treason by the Laws of all Constitutions and Governments , and a Fact that is capitally punishable to do otherwise . And consequently the Indians on that part of the Isthmus , having done nothing of all this in reference to the Spaniards , but on the contrary , having by a Right , Power and Authority inherently lodg'd in themselves , receiv'd and welcom'd the Scots into their Country , convers'd with them in a friendly and peaceable manner , given them all the hospitable Entertainment , and kind liberal Supplies , Relief and Succour , which their Condition and Circumstances enabled them to render , is a proof beyond the being reasonably control'd , of their being the Proprietors as well as the Possessors of those Territories and Districts in Darien , where the Scots are settled . ( 3. ) There may be subjoyned hereunto , in further confirmation that the Native Indians , by the confession and acknowledgment even of the Spaniards themselves , were the unquestioned and undoubted Possessors and Occupiers of that part of the Isthmus , where the Scots have establish'd their Plantation and Colony , and of the Country neighbouring upon and adjacent unto it , in that the Spaniards have at several times treated with them , as with a free and independent People , and by Agreements , Contracts and Stipulations , have , upon certain Conditions and Terms , obtain'd and procur'd liberty of them , to settle Colonies within their Circuits and Precincts , and to employ People to work in such Gold and Silver Mines , as do lie within the Compass of their Jurisdictions . Whereof to omit other examples , I shall assign one known and public Instance , and I shall the rather do it , because it respecteth the nearest possession of Mines which have been wrought in by the Spaniards to the place where the Scots are planted , of any which they can pretend to have upon the Isthmus . The instance and case then , in brief , is this ; namely , That there being within 12 or 13 Leagues of the Caledonian Colony , certain Gold and Silver Mines , which are esteem'd as rich as are either in that or any other parts of America , the Spaniards therefore , to get into the Possession , and to reap the Benefit of them , instead of attempting by Power and Force , and in the way of Conquest to do it , they amicably address'd the Cacique , in whose Territories and within whose Jurisdiction they lay , who was call'd Captain Diego , and by a Treaty and Stipulation with him , that he should have a share of what Gold should be obtain'd , procur'd leave upon that condition to enter upon the Occupation of those Mines ; which as it is an undeniable evidence , in the Opinion and Judgment of the very Spaniards themselves , that Diego and his People were both the rightful and legal Possessors and Proprietors of that Territory and District ; so the liberty that was granted unto the Spaniards by that Cacique , and the People that were under him , did no ways desseize him of , or eject him out of his Right , nor change , and much less extinguish his Property in that Territory where the Mines were . They being rather admitted as Tenants and Labourers who were to pay him a Rent in allowing him such a proportion of their gains , than as Proprietors that had a legal Right and Title in them . And accordingly when the same Captain Diego found that the Spaniards had not only violated the Conditions upon which he had given them permission to work in those Mines , by refusing to grant him his Tribute or Share when it was sent for and demanded , but that they were contriving , plotting and conspiring how to destroy and exterminate , or at least to enslave him and his People , he thereupon forcibly fell upon them , and drove them from thence . Which as it was done some little time before the Scots came to settle on the Isthmus , so at their arrival there , they found that place , as well as all other that lay near to the spot where they have establish'd their Colony 〈…〉 Europeans and particularly altogether Unpossessed and Unoccupied by the Spaniards . ( 4. ) There may yet be annexed , as a further proof of the Native Indians , being the rightful owners , proprietors and possessors of that part of the Isthmus , that they have successively since the Castilians first discovery of that Country , and their Landing in it , been in terms of Hostility as well as of distance with them , who as they were never subdued , nor brought into that Subjection , as either Formally or Tacitely , Explicitely , or Implicitely to acknowledge the Spaniards , having a Dominion or Soveraignty over them , or to confess their being become Subjects , or Vassals to the Spaniards ; So the hostile oppositions , which they have in all times continued to make against them , cannot be said to have been a Rebellious , but Just and Lawful Wars . It being the highest of Nonsence to stile them Rebels , who were never Subjects . Yea it is to ridicule as well as to endeavour to mislead , and impose upon Mankind , to bestow that Title and Epithete , upon the Martial actions against the Spaniards , of those Darien Indians , of whom I have been speaking ; it being a perversion of Words , from their proper and allowed Signification , and the fastning a sence and meaning upon them , which they were never invented , instituted , nor agreed to bear , which is worse than the speaking unto them in a Language that is wholly unknown . In that by the latter we are only left under Ignorance , of what an other intends to say unto us ; but in the way of the former , there is a plain design to cozen and cheat us . Nor is it unworthy of remark , that of all the Natives of America , whom the Spaniards have for their enemies , they have none that are more inveterately and mortally so , than the unsubdued Indians on the Isthmus of Darien , as doth not only appear by what they themselves have done , and continue to do against them ; but by the encouragement and assistance , which they have at all times been ready to give , unto the Privateers , Piccaroons and Buccaneers of all Nations , that have within their circle ever come to assault and prey upon them . Witness what they did in the case of Captain Sharp , who having Landed at Golden Island with 330 men , and being Joyned by two Darien Caciques , with a good body of Indians , took Sancta Maria , and made prize of several Spanish Ships ; It being also upon the Invitation , and with the aid of those Indian Rulers , that Captain Sawking assaulted Panama , the Legality and Justice whereof as founded upon the Authority of those Caciques , whose commission he had obtained , he avowed and asserted in a Letter to the Governor of that place . ( 5. ) There remains one thing yet further to be added , in demonstration that the Indian Natives are not only the True , Rightful and Undoubted proprietors and possessors of those Territories upon the Isthmus of Darien , of which the Spaniards are not become Masters , nor have planted Colonies in them ; but that they have been Openly , Solemnly and Avowedly owned and acknowledged to be such , both by the Courts and Civil Judicatures of England . Now the case which I have my eye upon , and do refer unto for the support of this assertion , being signally remarkable in it self , as well as wonderfully Pertinent , Suited and Adapted to the matter in hand , I shall therefore both give a brief detale of it , and endeavour to set in the true and best light that I can . The case in short then was this ; namely that the same Bartholomew Sharp , whom I have just now mentioned , being an English man , and consequently a Natural Subject of his Majesty of Great Britain , was by a Memorial given in by the Spanish Ambassador to King Charles the Second , complained of , for having in the time of Peace between the two Crowns , committed Acts of Hostility and Piracy upon the Spaniards in the West-Indies , and thereby taken great Treasure and Booty from them , of which Restitution and Reparation was demanded . Nor was it deniable but that the said Sharp , having Joyned with the Dariens , who were then in War with the Spaniards , as indeed they always in effect are , did both invade the Spanish Territories , and attack their Ships and Vessels on the Coasts of America , and commit several acts of Force and Hostility upon them , to their very great Damage and Loss . For which being here in Custody , and thereupon Indicted , Arraigned and Judicially tried , the whole he had to plead for his Justification , as well as in his Defence , was that he had therein Acted upon , and in the Vertue and by the Authority of a Commission granted unto him , by some of the Caciques of Darien , who were absolute Rulers , and altogether Independant upon the Spaniards . Upon which Plea , after a fair and full Hearing and Tryal , and a due consideration of their intrinsick Power , and independant Jurisdiction and Authority , in whose name and by whose Commission , he had made War , and committed ravage upon the Spaniards , he was acquitted from the criminal charge of that , whereof he had been indicted and Arraigned , and was declared not Guilty of the Pyracy , whereof the Spaniards had accused him , and complained to the King. And for any to say , that the alledging of Sharp's having been acquitted , upon the ground of his having acted by a Commission from the Dariens , is a meer Jest , as some have been reported to have expressed themselves ; I shall only in reference to that Term and Phrase modestly observe , that as the matter of Fact in his being Acquitted , is certain , and that no other reason was then given , or hath since been assigned of it , save his having acted by a Commission of a People that were absolute within such and such Territories , and districts , and altogether independant upon the Spaniards ; It is too great a reflection upon the Honour and Justice of the Nation , the Integrity and Uprightness of our Judicial Courts , and upon our sincerity in the observation of Alliances , to stile a Juridical Verdict and Sentence , a Jest , in that which was the sole and the alone legal Foundation of and Motive unto it . And what an Idea would the belief of this give both Heathen and Christian Nations of the World of us , and what an opinion must they of all Countries , where a regard to Truth and Justice is maintained , conceive and entertain of the English , if in legal Trials wherein Right is to be done to Princes in Alliance with them , Reparation to be made unto those , who have been unjustly and injuriously , as well as egregiously , wronged ; and wherein Crimes of the highest Nature and of most pernicious Consequence to Mankind ought to meet with their demerit ; I say that if in tryals of that kind and importance , a sham , whim or jest , must over-rule Proceedings , and be the ground of the Juridical Decision ; all which must be acknowledg'd to have obtain'd in Sharp's Acquittal , if he came otherwise to be brought in Not Guilty , and to be Discharged , than by reason of his having Acted upon a Commission receiv'd from the Dariens , as legal , supreme , and independant Rulers over that part of the Isthmus , where they have their Territories , and are in Possession . So that having dispatch'd the first and the chief Proposition , and the main Particular , upon which the legitimacy of the Settlement of the Scots Company on the Isthmus of Darien is legally founded ; I do in the next place proceed to the second Proposition , which I promised to lay down , as a further ground of their having righteously become Planters , and begun the establishment of a Colony in the place abovemention'd . And of this I shall give an account with more speed and ease , than I did of the former ; namely , That the true Proprietors and lawful Possessors of a Country are vested with a Power inherent in themselves , by which they may rightfully and authoritatively , without being accountable to any other , admit and receive Strangers , Foreigners , Aliens , and others , into their Territories , and within their own proper and peculiar Jurisdictions , and allow them the Freedom Privilege and Right of Settling , Inhabiting , and Trading among them . For it is one of the first Principles both of the Laws of Nature and Nations , that they who are the original and primitive Proprietors , Inheritors , Possessors , and Occupyers of a Country and Soil , may admit , welcom , and take in others , into the Inhabiting , Planting , Cultivating , and Improving such places and parts of it , as doth neither thrust out and dispossess themselves of what is either necessary or convenient to their living safely after their wonted manner , of Plenty and Pleasure , nor which will incommodate , hurt , or endanger them in the enjoyment of what they do retain . For tho' no Man can give , dispose and alienate to another , that which he neither has in possession , nor can pretend any legal Claim of Title and Right unto , which the Pope both betray'd his Pride and Folly in doing , when he took upon him the granting of all the West-Indies to the King of Spain , being therein ridiculously liberal of that which did no ways appertain to him : Yet every one hath a right of bestowing upon another , what is indisputably his own , provided it be Sine damno tertii , without the wronging or the prejudicing a third Person , or a Party , upon whom he either depends as his Superiour , or of whose convenience he is previously obliged , either by the Laws of Nature or of Nations , or by antecedent Agreements , Contracts , and Stipulations , to take care . Nor is this any personal or private Notion of mine , but the uniform and universal Judgment of all Civilians , out of whose Writings it were easie to cite many Testimonies , were it not in a manner wholly superfluous , thro' the intrinsic evidence which shine in the matter and case it self . So that I shall content my self with one or two from Puffendorf , who is one of the most Judicious and Learned , as well as of the latest Authors that have written of the Right and Laws of Nature and Nations , Ea est , says he , vis Dominii , ut de rebus quae tanquam propriae & in solidum ad nos pertinent , pro Arbitrio nostro disponere possimus : It is a necessary appendent unto Dominion , that he or they unto whom it doth properly and entirely belong , may dispose of all and every thing or things , which do fall within the compass and circle of it , to whom , after what manner , and upon what terms they please : And as he further saith , Vt quis rem suam possit alienare , seu in alterum transferre , id ipsum ex Dominii pleni natura resultat . Cum enim hoc Domino det facultatem de re pro Arbitrio disponendi , utique vel praecipua ejus facultatis pars videtur , si ita placeat , eam in alterum posse transferre : It belongeth as an essential property unto Dominion , and followeth from the nature of it , that he or they unto whomsoever it doth appertain , do thereby , from thence , and thereupon stand possess'd of and vested with a Right and Power of disposing , transferring , and of alienating those things they have a Right unto , and Propriety in , to what Person or Persons they shall think meet and convenient so to do . To which might be added that of Grotius , who very well saith , That Non venit ex Jure Civili , sed ex Jure Naturali , quo quisque suum potest abdicare : It is from the Laws of Nature , rather than that of Nations , that every Man may dispose of his own as he pleaseth . Nor do the diversity of Forms and Modes of Government in and over Countries and Societies of People , any ways change and alter the case in this particular . For be the supreme Authority placed in One Person , or in a Plurality ; and be the exercise and administration of it , either circumscrib'd or confin'd by Laws , or left to the Arbitrary Will and Pleasure of him that governeth , it is the same thing with respect to that which I am discoursing of : Seeing what the latter is enabled to do , by an individual and despotical Right , in the execution whereof he acts always unaccountably , tho' possibly not at all times so wisely ; the other may do the same , under the direction of the Laws , and with the consent of the People . And how much soever they who are cloath'd with the supreme ruling Power may be limited and restrain'd , either by the Maxims of Wisdom and Honesty , and by the Natural and Unwritten Laws of Humanity , Gratitude and Justice , or by Political Compacts , and Municipal Ordinances and Constitutions , from acting against the good Welfare and Interest of their Countries and People ; yet all do acknowledge , that both they of the one Form and Rank , and of the other , have not only a wonderful Latitude and Liberty vouchsafed them in whatsoever is for the advantage of themselves , and of those over whom they are set , but that they stand indispensably oblig'd ( tho' the omission of it is with impunity ) to pursue and fall in with every thing that is for the security and universal Interest of themselves , their Subjects , their Territories and Districts . All which do obtain and hold in relation to the Caciques and Native Indians on the Isthmus of Darien , who as they have an absolute , independant and plenary Power , to receive , give Freedom unto , and authorize such Strangers and Foreigners , to Settle , Inhabit , and Traffick among them , as they shall think meet and judge it convenient to entertain and endue with those privileges ; so in no one thing whatsoever could they have more consulted their advantage , and have acted more subserviently to their own Interest , than in the receiving the Scots to settle among them , and to erect Forts and establish Colonies . For besides the Benefits which may thereby accrue to them , whereof they probably may be neither thoughtful nor solicitous , of being render'd a more civiliz'd People , and of enjoying means and helps for the arrival at the knowledge of the true God , and of our Lord JESUS Christ , and of all annexed thereunto , depending thereupon , and resulting from thence , There are many great Secular advantages , which they will thereby become furnished with , and attain unto . For it is evident , how that by this means , the Gold and Silver which lies hid and bury'd in their Mines , and the several sorts of Dying Woods which grow in their Fields , as well as many more Natural Productions , which their Lands do afford , besides such Goods and Commodities , as their Grounds may , by Art and Industry , be brought to yield and bear , will thro' Labour and Cultivation , be gain'd and improv'd both to their own benefit , and that of European Nations , and particularly of Great Britain , and the rest of His Majesty's Dominions , which are all at present of little or no use , service of advantage , either to the Natives or to the rest of Mankind ; and that partly by reason of the laziness , ignorance and unskilfulness of those Indians , and partly because of the want of a sufficient number of fit and proper Hands , to turn all these and more both of like and of other kind of Productions , which that Country either actually doth , or by Manuring may be improv'd to afford , to a beneficialness either unto themselves or unto others . Moreover , by the Indians having admitted the Scots to sit down and to establish Colonies within their Territories , they will become strengthened to defend themselves and their possessions , against those who have always been their Enemies ; and who have pursued all the ways and means , and have improved all the advantages , which they could arrive at , either by fraud and force , for the encroaching upon their Demesnes , and the wresting them from them , and for the subduing and enslaving their Persons . For tho' the Scots are desirous to live neighbourly , peaceably , and amicably with the Spaniards , and will be far from either committing any acts of Hostility upon them , unless they be first attack'd and assaulted by them ( in which case they will be justifiable by the Laws of God and Nations to withstand and oppose force with force ) or from the countenancing , encouraging , and aiding of those Natives who have receiv'd them , and with whom they are enter'd into Alliances , in any offensive Wars against the Spaniards within the Spanish Colonies and Settlements , yet the Scots will account themselves oblig'd in Gratitude and Justice , as well as by Vertue of the Covenants and Stipulations , which they have made and contracted with the Indians , within whose Jurisdictions , and near unto whose Territories , there Calidonian Colony lies , to cover and protect those Natives against all the violences , which the Spaniards shall causelessly and injuriously offer them . Which as it will be of wonderful Defence and Security to the Natives , amongst whom they are received to dwell and to trade , against their Ancient , Constant and Irreconcilable Enemies , so it was an Act of great Discretion and Prudence , in those Indians , that they have upon the said prospect and motive , welcomed the Scots into their Country , and admitted them to Plant , and to erect Forts within their precincts . Hereunto may be added , that it is upon the Foundation and Basis of the Native Americans , having an Intrinsick and Legal power of receiving Foreigners and Aliens among them , and an indubitable and unquestionable right of allowing them a freedom , to settle in their Countries and within their Territories , either upon the Continent , or in Islands , that all the Plantations of the Europeans , and particularly of the English in the West-Indies , are rendred Lawful and Just in the sight of God and of men . For whereas the English were not the primitive Inhabitants , nor the Original possessors of those American Provinces , nor of several of the Islands , where they have now many and large Colonies and Plantations ; they must either be accounted violent Invaders , and unrighteous Usurpers of those Territories where they have settled and Planted , or they must derive their Right and Title to their being there , from some Act of the Natives importing their Consent to receive them ; which the Indians cannot be allowed to have been capable of giving , without a previous supposed right in them so to do . Yea , the very Spaniards upon their first discovery of America , pretended no otherwise to settle there , than with the Allowance and Consent of the Natives , as I have intimated before in and from the acknowledgement of Columbus , who was the discoverer of the West-Indies , as it is recorded by ●●errera , the Spanish Historian : Tho' it must withal be confessed , that they did not proceed upon that principle ; but that into whatsoever places they were suffered to come , and were received by the Indians , they did there establish themselves by Violence , and thro' unjust Wars , and upon the Enslaving , Massacring and Exterminating of the Natives . There remains yet one Proposition more , which is the third that I Promised to lay down , in order both to the representing within a narrow view and compass , the whole legal ground and foundation , upon which the Scots settlement is Superstructed and Built , and for the demonstrating that their Planting in that place of the Isthmus of Darien , is according and agreeable to the Laws of Nations , and consequently Lawful , Just and Blameless , unless vitiated and rendred Illegitimate , and Culpable thro' the Violation of some Articles of Alliances , between the Crowns of Great Britain and of Spain , which I shall afterwards invincibly shew that it is not . The proposition then , ( and without which , the two former would be of no significancy nor service , to the decision of the Question under debate ) is , that the Scots have had the Leave and Consent of the Natives for their Setting down and Planting in the place above-mention'd , and that they have neither forcibly Invaded those Indians , nor by Fraud or Power wrested that part of their Territory from them ; but that whatsoever they are become possess'd of , was by a Grant and Concession of it from those Natives within whose Jurisdiction it lyeth . For whereas the Scots did not find the place void , but that it was pre-occupy'd by the Natives , who were the true Proprietors of it , as well as of the Country adjacent thereunto , it is impossible that the Scots should have any Right and Title , for Sitting down and erecting Forts there , unless in the way of Conquest , Surrender , or Consent of those who were the antecedent Inhabitants and Owners , these being the all and the only ways met with and known in Laws , whereby the subsequent Comers into a Country already possess'd and occupy'd , can acquire a Right and Title for Sitting down and becoming Residents . And as the Scots do wholly renounce all pretence and claim of Conquest , as the Ground and Foundation of their Settlement there ; so they do not challenge a Possession , either of that particular place , where they have erected their Works and made themselves Dwellings , or of any part of the Country that neighboureth unto it , by and upon a plenary and full Surrender of it to the Calidonian Company , and exclusive of the Natives retaining any Right in the place , save as the Scots shall amicably indulge and gratuitously allow them ; but the whole which they plead , is a Grant from , and Consent of those Indians , who were the primitive and rightful Proprietors , for their sitting down in that part of the Country , and for the cultivating and improving it to their own use and benefit , and for the taking in such other places within their Territories as they shall judge meet , and find themselves in a condition to dilate , stretch and extend their Colony unto . And the present Natives of that place , and ●f the Districts about it , being as free from any subjection unto , or dependance upon the Spaniards who do at this time possess and occupy and Colonies upon the Isthmus , as the Ancestors and Predecessors of the former were at any season heretofore from and upon those of the latter , it doth by a necessary consequence follow , and become naturally deducible from thence , that the Scots coming to settle with the consent of the Caciques , and of the Indian People under them , must thereupon be in the like condition with the Natives , and no ways liable to any claim of the Spaniards , more than the Indians were and are , and therefore not to be held concerned in , or made censurable upon any complaints from the Court of Madrid . And that the Scots have the consent of the Natives , for whatsoever they have done in that part of America , I suppose no Man will betray such reproachful Ignorance of the present transactions of the World , or shew so much impudent effrontery , as to deny it : Nevertheless I shall so far supererrogate , as to give some demonstrative and undeniable proofs of it . For so prudent and discreet , as well as calm and temperate were they , who Commanded the Ships that Sail'd thither , and arriv'd on that Coast about the beginning of November , 1698 ; and particularly they who were sent along in them to have authority over such as were to land , and to be directors of the Colony that was to be establish'd , in case they were receiv'd and welcom'd , that notwithstanding of Distempers , that were among them , as well as of several other inconveniences , under which they labour'd , as also notwithstanding their having both a good Naval and a Land Force , they would not so much as enter into the Port or Haven , or attempt to set any Body of Men on shore , until they were encourag'd thereunto by the Natives , and having had some of them on board their Ships , were invited by them to do it , and withal told that they were very welcome , and that they had long expected them . Yea , such was their care , circumspection and tenderness of escaping the very suspicion of Invading that part of the Isthmus , to which they had directed their course , and upon the particular Coast whereof they fell in , that they would not disembark any of their Military Forces , and Companies of Soldiers , until by some of the Principal among them , who went on shore with the Indians , that had visited them on board their Ships , they had obtain'd a Meeting and Congress with the Cacique in whose Territory the Port lay , and had both receiv'd his Consent for their landing within his District , and had concerted the terms for their Settlement within the bounds of his Precincts ; which Cacique , being one call'd Captain Andreas , did upon the second Meeting and Congress between the Scots and Him , not only agree to receive them into any part of his Country they would choose to settle in ; but took a Commission from them , promising that both himself , and those under his Authority would assist and defend them with the hazard and at the expence of their Lives . To which may be added , how that besides their daily and friendly Coversation and Intercourse together , both at first and all along since testify'd on the part of the Scots , by their presenting the Natives with such things , as might be most acceptable and pleasing unto them , and witnessed on the part of the Indians , by their supplying the Scots with such Provisions and Eatables as they either bred or could catch in Hunting , which they could spare out of their bare and daily Livelihood and Subsistence ; I say that over and above all this , tho' a sufficient indication and proof of the Natives receiving them into their Country , and of their giving their consent to the Scots landing and setling among them ; There was a formal Compact and Stipulation transacted in the most solemn manner , between Captain Andreas and them , and which was ratify'd on the part of the Scots , by their giving unto Captain Andreas a Sword and a pair of Pistols , and confirmed on his part and that of the Indians , by their delivering a piece of Turf and Twigg unto the Scots , in token of the Grant which the Natives had made unto the Scots of a liberty to settle and establish a Colony in their Country . Moreover in further evidence , that the Scots have Erected Forts , and Planted their Calidonian Colony with the consent of the Natives , I shall finally observe , how that upon the approach of the Spaniards with some Military Forces , to have either surprized the Scots , or in a fair encounter to have beaten and drove them from thence , the Indians in that district were unanimously ready to have Joyned them against the Spaniards , and actually did so with such a Number of their best men , as the Scots out of a great Multitude that offer'd themselves , Judged convenient to entertain and receive . Among whom as there was the Cacique's own Son ; so both he and all the rest of the Indians , that marched in conjunction with the Scots against the Spaniards , behaved themselves with great Fidelity , and with as much Bravour , as the sudden flight of the Spaniards , would allow them occasion and opportunity of Manifesting . So that upon the whole , I may now venture to conclude , that the settlement of the Scots on the Isthmus of Darien , is not only according to the Laws of Nations Just and Lawful , and no ways Injurious to the rights of any , and that they have in all the steps which they have therein taken , proceeded according to the Rules and Measures , by which all the European Nations , who have established Plantations in any parts of the World , do both Vindicate themselves from obnoxiousness to blame in what they did , and do Justifie their claim of Right and Title unto them , and for the defending and upholding of them : but I may presume with Modesty , as well as with Truth , further to affirm , that there never was a Plantation or Colony settled by any Nation whatsoever , or in any part of the World whatsoever upon Juster principles , or whose establishment hath been transacted , with more Fairness and Candor , and with all due respect to the reasonable pretences of every one that had but a shadow or seemingness of claim , as well as with a tender and full regard to the property and right of the Natives , whose both consent and entreaty they have for authorizing them in what they have done . Having then fully both declared and demonstrated the legality of the Scots , having Planted a Colony on the Isthmus of Darien , and given a deduction of the grounds of Law and Justice , upon which that establishment is Founded and Built , and by which it is evidently vindicated , from all the exceptions and complaints that are or can be made against it by the Spaniards , or by any others charging it as unlawful , invasive and criminal : It may possibly be said in favour of the Spaniards , that tho' there be no Usurpation made thereby upon their Rights , yet thro' the Adjacency and Nearness of that Plantation , to the Colonies which the Spaniards are allowed to be rightfully possessed of , upon the Isthmus , the Scots have not acted so Kindly and Amicably , as might have been expected from the subjects of a Prince and Potentate , who is in a firm Alliance , and under all the bonds and measures of Friendship , with his Catholick Majesty . And therefore that tho' that Settlement , be neither against the Laws , nor the Rules of Justice , yet it is a Violation of those terms of Decency , and of Bienseance , which ought to be observed among Monarchs , that are so cordially United in Royal and Brotherly Correspondence and Amity , as his Britannick Majesty and the King of Spain are known to be . But in reference to that allegation , there are several things which lie obvious to be offer'd . Namely , That by this exception , the Scots are only censurable for having trespass'd against the Ceremonies and Punctilio's of what is call'd Genteel and good Breeding : But not for having offended against the Rules of Justice , or for having violated the Laws of Property . So that tho' they may not have acted so mannerly as some People would have had them , yet they have done nothing that is unlawful and unrighteous . Nor was it hitherto ever expected , and much less requir'd , that a Nation , rather than to be deficient in a Complement , should both neglect and abandon their Interest . Moreover , whatsoever respect the Subjects of any Soveraign ought to have unto the Rules of complacence , and the ceremonies of Royal Courtships , by and according to which Crown'd Heads do conduct and govern themselves towards one another , while Matters regarding the Benefit and Prosperity of a Kingdom do fall within the compass of the personal transactions of a few , or do lie under private debates , and antecedently to their being digested and concerted into Parliamentary Bills , and before those Bills be ratify'd into Laws , and pass'd into Acts ; yet there is no deference of that Nature payable , nor any observance to be had of meer ceremonies of Courtship , after they are dispenc'd with , and superceded by a Statute , and the affair wherein they were to have been practised , is become authorized by a Municipal Law. Further it must necessarily also be granted , that the place where the Caldionian Colony is establish'd , is no nearer to the Spanish Plantations , by its being in the Hands of the Scots , than it was while in the alone and sole Possession of the Natives . Nor is there so much reason or cause , why the Spaniards should fear the meeting with any thing that may be uncivil or hurtful from the Scots , as they had reason to apprehend and dread from the Indians , in that the latter are not only a rude and barbarous People , but their ancient , inveterate , implacable and mortal Enemies ; whereas the former , are both a civil , generous , and Christian People , trained up in all the measures of Humanity , good Breeding , Morality , and Religion , and governing themselves by the Laws of Revelation , as well as of Nations , and who withal have never been in War , nor are desirous to have any Hostility with them . Yea , the Alliances between the Crowns of Great Britain and of Spain ought to obviate all Jealousie in the Spaniards , of their having any thing that is either undecent or injurious offer'd unto them by the Scots , who are Subjects under a Monarch that is in affinity with His Catholick Majesty . Whereas thro' want of Leagues and Stipulations between the Spaniards and those Indians , into whose Territories the Scots are receiv'd , they had ground of being always and justly suspicious , that such mischiefs would be done them , as the power of those Natives could enable them to attempt and execute . Further , if the adjacency and nearness of the Scots Plantation unto the Spanish Colonies prove matter of offence unto the latter , and of complaint against the former , the fault thereof is wholly to be lodg'd upon the Spaniards , and therefore the blame ought entirely to fall upon them . Seeing whatsoever the Scots are come into the possession and occupation of , they have a just and legal Right thereunto , from the grant and consent of the Natives , who were the undoubted and true Proprietors thereof ; whereas the whole which the Spaniards do there possess , and all the Colonies which they have settled , hath not only been done without the leave , but against the will of the ancient and rightful Owners . So that by reason of the badness of their Title , which flows from Usurpation , and is built upon their having unjustly invaded what belonged unto others ; the whole of a reasonable Accusation , and of a just Complaint , doth lie against them , and their Plantations ; whereas the Title of the Scots proving legal and good , thro' their having come to inhabit and settle with the allowance , and upon the invitation of the Indians , the nearness of their Colony to those of the Spaniards , doth not make them or it obnoxious to any just and rational Expostulations or Remonstrances . Nor is the case of the Spaniards made better because of their Colonies being establish'd long ago , or the condition of the Scots render'd worse , by reason of their having but lately begun to sit down , and to plant ; in that the Title of the one is good from the first moment ; whereas no length of time can ever make the claim of the other justifiable : For as all Lawyers do say , and particularly Grotius , That tempus in se nullam habet vim effectricem , that a possession which is acquir'd unjustly at first , can never be render'd just by a continuance in the long occupation of it : So a Title unto a Place , and a Right in a Settlement , by the grant and with the consent of the true Proprietors , is equally good , just and valid in Law the first day , as it will be after the having been inherited a Thousand Years . Moreover , there is not that nearness of the Calidonian Colony to the Plantations which the Spaniards have upon the Isthmus of Darien , as some thro' ignorance of Maps and unacquaintedness with Journals , may , upon a general noise and clamour , be inclin'd to imagine ; seeing none of the Settlements , which the Spaniards have , and whereof they are in the actual possession and occupation , are within less distance than fifteen or sixteen Leagues of the Scots Plantation , which is enough not only to silence the report , and to put an end to the pretence of the adjacency between the Colonies of the one and the other , but for the giving large bounds for determining between their Properties and Jurisdiction , and for chalking out limits of division and separation betwixt what can any time resonably arise , and come to be their several and respective Claims . And as they who would extend their pretence of Right and Jurisdiction fifteen or sixteen Leagues beyond what they are actually possess'd of , may as well enlarge it to a thousand ; so neither do the Titles of Princes unto their various and different Dominions and Territories depend upon the nearness unto , or the remoteness of their Lands from each others , but upon the legal Property which they have , and their being either in the actual possession of them , or of Countries , Cities , Towns , or Places , upon which they do depend , or upon the retaining a claim by vertue of an hereditary Right which they have not renounced . But they must not only be strangely unacquainted with Histories as well as with Maps , but stand ignorant of what every Traveller can inform them , who do not know that even in Europe there are Soveraign Jurisdictions and Principalities , surrounded by and inclosed within the Dominions of other Princes , whereof among many others , Orange and Avignion are undeniable Instances . Nor is it possible to be avoided , but the Lands and Territories of all Neighbouring Princes whatsoever , who do live upon Continents , must be Contiguous in some one place or another . And tho' the limits of some Princes Countries , may in some places be divided from those of other Potentates by ridges of Mountains , or by considerable Rivers ; yet for the most part they are no otherwise distinguished and separated , than by a road , a hedge , a brook , or by erected Pillars of wood , or by stones which are set up here and there . Finally that wherewith the Scots stand charged , and whereof they are in this particular accused ▪ is no more than what is practised by all European Princes , and States in most parts or the World , where they have settled Colonies and Plantations , and that without the Infraction of the bonds of Amity and Alliances between them , or the being thought to trespass against the rules of Decency and Respect , which the Rulers of Kingdoms and Republicks , are accustomed to render to each other , of which it were easy to assign many undeniable instances , but I shall confine my self to a few . 'T is sufficiently known , that all along on the Coast of Africk , and particularly on the River Gambe , the English , French , and other Europeans , have their settlements intermixed and contiguous , without clamouring against or Impeaching of one an other , on the score of Adjacency . Nor is it to be denied , but that as Ceuta , Tangier and Mamora , do lie in the bosom of the Empire of Morocco ; so that they have been possessed by , and have belonged to different European Potentates , without their complaining of one another upon that Motive . Neither is it to be in the least contradicted , but that the English and French have their several and respective Plantations , on the Island of Newfoundland , where , save in the time of actual War , between these two Crowns , they live in all friendliness together , each of them following , carrying on , and promoting their several Fisheries , in and by which as many Seamen are bred as well as employed , and Navigation greatly encreased , and Multitudes of Ships advantageously used ; so with a little cost that is disbursed on Nets , and on Diet for Saylers , ( which also turns to a National benefit and gain ) there is more Wealth floweth annually into the Kingdom , or at least might , if that Trade were encouraged , and cultivated as it deserveth and ought to be , than by any one branch of our Manufacture whatsoever , to the Fabricking whereof to make it Mercantile , there is so much previous expence required . The same might be instanced with respect of the Island of St. Christopher's , which belongeth half no the English , and half to the French , tho' neither of their shares be well peopled or Cultivated . Whereunto may be also added , that the Dutch and Portuguese have their different and respective Plantations , on the coast of Brasile , without any misunderstanding or quarrel between them on that account , and to which the Spaniards do pretend as much Right , as they do to the Isthmus of Darien . Yea the Island of St. Thomas , which is Possessed by the Danes , is not far distant from Porto Rico , which is in the occupation of the Spaniards ; as also very near unto St. Thomas , lyeth the Crab Island , which is pretended unto not only by the Spaniards , and the French , and particularly by the Danes , but likewise by the English , who were once Possessed of it , and which I do wonder they endeavour not to repossess themselves of , seeing as it is now void , so it is of very great importance in it self , and would be of wonderful usefulness to their Plantations , were it in the English hands , and secured by a good Military force , without which they well be sure to be Murderd in , or soon drove out of it by the Spaniards , that inhabit Porto-Rico . And to conclude this Paragraph with one instance more , it is observable that whereas the English ( as I intimated before upon another occasion ) were in actual Possession of all the places adjacent to , and Snrrounding the Mouhados , which lies betwixt long Island and the Main , and is sometimes reckoned a part of long Island , the Dutch finding it unoccupied either by the English , or by any other Europeans , sat down and settled a Colony upon it , in a time of Peace between his Britannick Majesty and the States of Holland , and called their chief Seat and Fortification there , by the name of New Amsterdam , tho' it was wholly encompassed by , and in some places immediately bordered upon the English Colonies , without so much as the interposure of a River . Whereof the English were so far from complaining , and much more from making it a matter , and cause of Hostility between the English Crown , and the Belgick Republick , that even upon breaking out of the War 1672 , when all things were alledged , that could administer the least shadow for Justifying the commencement of it , on the part of the English who were the Aggressors , that of the Dutch having settled on the Mouhados , was not so much as once mentioned , nor in the Treaty of Peace in the year 1677 , was it ever brought under Debate , in the Congress between the Plenipotentiaries of England and Holland . But after the re-entrance of those two powers again into terms of Amity , it was by a private capitulation at London in the end of that year , exchanged ( as I have already said ) for Surinam . Now the foregoing Exception made by the Spaniards , in relation to the Scots , having acted , if not unjustly , at least very disingenuously , and unkindly in the settling of a Colony so near unto there Plantations , having been fully considered in the last Paragraph , and the weakness and vanity of it so abundantly laid open and Manifested , that no man will offer to revive and insist upon it for the future , without incurring the forfeiture of his reputation , I shall now proceed to examine the Pretension and Allegation , of its being an Infraction of the Treaties and Alliances between the Crowns of Great Britain and of Spain ; for the Scots to have Landed and begun to establish a Colony , upon any part of the Isthmus of Darien . And I shall the rather bring this to an exact Scrutiny , and under a particular and accurate disquisition , in that it hath been distinguishingly mentioned , and positively asserted in the Memorial that was presented to his Majesty , by the command and in the name of the King of Spain . In which that Fact of the Scots is stiled La rupture de L'alliance qui a este toûjours entre ces deux Couronnes , Laquelle sa Majeste d'Espagne a observée jusques icy , & observe tousjours fort Religieusement , An Infraction of the Alliance which is between the two Crowns , which His Spanish Majesty hath hitherto observ'd , and will Religiously do so . Which Resolution of His Catholick Majesty to keep and withal sacredness to observe the Alliances which he or his Predecessors have made with the Kings of Great Britain , as it is Noble , Princely and Christian ( and which I wish the Crown of Spain had better attended , and acted more consonantly unto in their proc●edings since in relation to this affair , but which hereafter we shall shew that they have not ) so it deserveth to be corresponded with , and answer'd in the same manner , and with the like measures of Friendship , Honour , Veracity and Religion . Nor is there any thing more disgraceful and ignominious in the esteem of Men , as well as sinful and criminal in the sight and account of God , than for Monarchs to violate their Royal Compacts and Agreements , whether with one another , or with their own Subjects , without provocations administred to them , whereby the Confederacies and Covenants do become causally and morally dissolv'd . And if it be universally acknowledg'd , that Potentates having made Compacts with their own Subjects are bound in Justice , as well as in Truth and Honour , to perform them ; much more must it be confess'd , that they are oblig'd to keep and observe the Agreements which they have made with Princes and States that have no dependance upon them , but are upon an equal foot with themselves . Yea , if a King cannot without Iniquity violate an Agreement which he hath made , with Subjects that had been Rebels , so as afterwards to punish them for that Rebellion , in reference to which the Stipulation was , as being pardon'd by the Tenor , and in the vertue of the Treaty ; much less can he break the Articles of an Alliance with Soveraign . Rulers , who tho' they may have been Enemies unto him , could never have been Rebels . Nor are any Persons whatsoever , so much concern'd to be exact and punctual in keeping their Faith and in performing of their Promises as Princes are , and that upon the Motive of Credit and Reputation , as well as by reason of the obligation of Conscience : For as Padre Paolo says ( alluding to a passage of Livy ) That a Prince who violates his Word , must invent a new Religion to make himself believ'd another time , seeing the Oaths he made in the Religion he profess'd , have not been able to bind him ; so there is more in that of Tacitus , than many are aware of , namely , Caeteris mortalibus in eo stare concilia , quid conducere sibi putent principum diversam esse sortem , quibus praecipua rerum ad famam dirigenda : That while all others may adapt their Projections and Conduct to their Interest , it behoveth Princes to calculate their Designs , and to manage all their Transactions and Administrations in subserviency to their Honour and Glory . And as both a German Emperor , and a King of France are reported to have said , That if Faith and Truth were lost in the World , they ought to be found in the words of Kings ; so whatsoever Stipulations have been made with the Crown of Spain , by His Majesty's Predecessors , as they were the Governors of these Kingdoms , and the Rectors of the People ; they do no less oblige him who sits upon the Throne , than if they had been first stipulated , and immediately contracted by himself . And as all the Leagues which are by Civilians stil'd Real , do not only oblige the Contractors , but those who succeed unto them in the governing Power , unless it be otherwise provided in the Articles of the Alliance , so all such Treaties ought to be even observ'd by them that are their Subjects , and that upon the Motives and Obligations of Conscience , as well as upon the Foundation and Reason of their Civil and Political Obedience , which they are to render unto his Commands in the vertue of his Authority . For such Treaties and Alliances being transacted in the force of that political Power wherewith Rulers are vested over their Subjects , and being concerted and made , with respect to the benefit and advantage of their People , they are , in the construction of the Laws , and in the opinion of Nations , the acts of the People themselves , no less than they are the deeds of those who are their Soveraigns . And indeed that is rightfully suppos'd to be the Fact of the Community , which is done by the Supreme Ruler in the vertue of the Authority that is stated in him by the Laws , and consequentially to that Trust which the Subjects have repos'd in him . So that should the Scots , thro' their Settling at Darien , appear to be guilty of having violated any Articles of solemn Treaties , and of having acted contrary to any Clauses in public Leagues , they would therein not only have done what was injurious to the Crown of Spain , but that which was both disloyal and dishonourable to their own King. And as the Fact in the criminalness of it , doth originally and immediately only affect the Scots , and is no ways imputable unto His Majesty , save as he should , in case it be a trespass against Treaties , support and protect them in it ; so they are bound both out of the Duty which they owe to His Majesty as their Soveraign , and in Equity as well as in Deference to the King of Spain , either to return home from Darien , and abandon their Design , or else to vindicate themselves from having done any thing in that matter , whereby Treaties and Alliances are violated . And if they cannot do the latter nor will do the former , His Majesty will not only be highly justifiable in the disclaiming to countenance and defend them , but he will be oblig'd in Truth , Honour and Justice , to exert that Authority and Power which are plac'd in him over his People , for to see right done unto the King of Spain , and reparation made unto the Spaniards . But that His Majesty , instead of falling under the necessity of doing a thing of that nature , which will both so much injure , disoblige and disgust the Scots Nation , I shall endeavour to make it evidently appear , that he may not only uphold and protect them , without either prejudice to his own Reputation and Glory , or any wrong done to the King of Spain , who is his Allie , but that he is indispensably oblig'd as he is their King , as well as in pursuance of an Act of Parliament , and of his own Royal Grant , to cover them from all the violences which shall be offer'd unto them . And this I shall do by demonstrating that the Fact of the Scots , in their Landing and Settling at Darien , is no ways inconsistent with , nor done in violation of any Leagues , Treaties and Alliances betwixt the Crowns of Great Britain and of Spain . And here I must challenge the taking it for granted , that there are no Treaties between the Kings of England and of Spain , but what are publick , and which all Men are or may be acquainted with . For if Laws themselves , in the judgment of all Mankind , do not bind and oblige , antecedently to their being promulgated and publish'd ; much less are Subjects concern'd in the observation and keeping of Treaties , unless they have had due information and notice given of them . And should it be granted , that such Federal Contracts which Civilians stile Personal , and which do only respect the particular benefit of those Princes who do contract them , and do terminate in their single and personal Interests , without either affecting their People , or their Heirs or Successors , I say should be it allow'd , that there is no necessity why these Stipulations should be promulgated and made publickly known ; yet it is absolutely requisite , that such Agreements and Compacts should be so divulged as that they may be generally understood , wherein the several respective Interests of many and various Kingdoms and Dominions , and of different and distinct Soveraigns are both involved and adjusted , and whereby the carriage and behaviour of their People and Subjects stand regulated towards one another in such and such parts of the World ; and such are the Leagues and Alliances pretended and referr'd unto in the case before us . Now the only Treaties between the Kings of Great Britain and those of Spain , by which both their own , and their Peoples respective concerns in America are adjusted and regulated , and the carriage of their Britannick Majesty's Subjects towards the Subjects of their Catholick Majestie , and reciprocally of the Subjects of the Spanish Manarchy towards them of Great Britain , and of the Dominions thereunto belonging , stand directed and are made governable , are the Treaties of May 13. 1667 , and of July 8. 1670. Which as they are the only regulating Treaties between the two formention'd Monarchs in relation to their several Dominions , Provinces and Possessions in America , so it is by applying unto and consulting those Two Treaties , that we are to examine and decide , whether the Scots in their having landed and begun to establish a Colony upon the Isthmus of Darien , have made themselves guilty of the Infraction of Alliances , which I do psitively affirm , and shall demonstratively prove , that by those Facts they have not done , nor ought to be so represented or esteemed . Seeing it will uncontrolably appear unto every one that will afford himself time and leisure to view the Treaties , and to peruse the Articles concerted and agreed in them , that they were meerly declarative of what was confess'd to be in the legitimate and rightful Possession of those two Kings , and regulative of what should be the behaviour of their several and respective Subjects towards each other in America , as also restrictive with reference to their Claims of any Title or Right to the Provinces , Islands and Territories , which either of them were in the possession and occupation of ; but that they were in no ways or manner exceptive of , or preclusive from their settling Plantations in such other Conutries , Districts and Places , as were neither possess'd and occupy'd by them , nor by any other European Princes or States . And whereas the Treaty of 1670 , is that whereby the mutual Interests and Possessions of the Kings of Great Britain and of Spain are provided for and adjusted , it may not be amiss to intimate , the occasion and reason of those Regulations , which were concerted and made by that Alliance . Namely that the Crown of Spain having antecedently thereunto laid Claim to all America , as of right belonging unto His Catholick Majesty , and having accounted all the Settlements of every one else , and particularly of the English within that vast Continent , as likewise in the American Islands , to have been so many Invasions upon their Right , it was concerted and agreed by that Treaty , that this universal claim and pretence of Title of the Spaniards should be renounc'd and disclaim'd . And that the possession of the Crown of England in such Territories and Places where the English had planted , should be confess'd and acknowledg'd to be legal , rightful and good . Which was the sole and alone business that was design'd and compass'd in the foremention'd Treaty . For whereas by the Treaty of 1667 , there was only a general and perpetual Peace concluded and established between the Dominions and Territories of Great Britain and those of Spain , without the particularizing of any thing that respected their several Plantations in America . And whereas the Kings of Spain had always question'd the Right of the Kings of England to their American Plantations ; upon the ground of an universal Title , which they claim'd to all the West-Indies , and had particularly controverted the Right of their Britannick Majesties to several Plantations which had been made by the English in the American part of the World , upon pretences and allegations , that the English had forceably drove out the Spaniards , and thereupon gotten into possession of several places that had formerly been enjoy'd and occupy'd by them ; therefore it was that upon these considerations , that whole matter came under particular Regulation and Adjustment in the Treaty of 1670 ; in and by which the Right and Dominion of the King of Spain in those Countries , Islands , Provinces and Territories , whereof he was possessed , and so far as they wert in the actual occupation of the Spaniards , being confess'd , and provision made for their quiet and peaceable enjoyment of them : There was likewise a formal and explicite Renunciation of all Claim made by the Spaniards to whatsoever was in the English possession ; but not one word or syllable , so much as once mention'd in that whole Treaty , concerning and relative to such parts and places , as were not at that season in the occupation of the one or of the other . Nor can it , in consistency with good Sence and Reason , be imagin'd , But that if the Right of the King of Spain to all those Territories and Districts in America , which were neither in the actual occupation of the Spaniards , nor of any other European Princes and States , should by that Treaty have been acknowledg'd to appertain and belong to the Crown of Spain , their Title thereunto would have been specially inserted and declared , with an express exclusion of all others , that should afterwards desing to be Planters in those void places of the Continent and Islands of America . Nor is it to be doubted , that if the Right of the Spaniards had been to be confess'd and own'd in that Treaty to all the parts of the Continent and Islands that were not possess'd by Europeans , but that the landing and settling there , in order to plant , without freedom and liberty previously granted by the Crown of Spain , would have been specify'd as an act of Hostility and Infraction of the Alliances . So that there having been no such care taken , nor provision made in the foremention'd Treaty , it is an indispensible evidence , that the whole which was thereby design'd , was only to adjust and settle Matters , in relation to what each of those two Crowns were actually in possession of . And that they were left still under an equal freedom of settling in any new Places that were void and unoccupy'd , and no more in the hands of the one than of the other . Nor can it fall into the thoughts of any , who have not lost their Understandings , that the English who are a trading People , and who finding their Interest and Profit in their West-India Plantations , design'd to extend and enlarge them in whatsoever other parts of America they could , where Settlements might be made , without Invasion upon the Rights of Europeans , should by that Treaty be concluded and stak'd down to plant in no other places of the West-Indies , save in those , where they had Colonies at that time . So that the whole which was decided , adjusted and stipulated in and by that Treaty , amounted only to these two things : First , That by the 7th Article , The King of Great Britain and his Heirs and Successors , shall have , hold , and possess , with full Right of Empire , Property , and Possession , all Lands , Regions , Isles , Colonies , and Lordships , situated in the West-Indies , or in any part of America , which His Majesty King Charles II. did then hold , or which His Subjects did then possess ; so that no Controversy whatsoever was afterwards to be rais'd or mov'd in reference to that Matter . And , 2dly , That by the 8th Article , The Subjects of the said King should abstain from all Commerce and Navigation in the Ports , Havens , and Places , having Forts , Castles , or Staples for Commerce , that is , That the Subjects of Great Britain shall not Trade nor Sail into the Ports and Places which the King of Spain hath in the West-Indies , nor the Subjects of the King of Spain Trade or Sail to the places which the King of Great Britain doth there possess , without Licences mutually and reciprocally given in the words and terms , which were specify'd and set down in a Schedule annex'd to the Articles of the Treaty . From both which it doth demonstratively appear , that all stipulated about and agreed unto in that Treaty , was , and is , that the said Kings and their Subjects , shall not only severally and respectively forbear the Invading of such others Territories , and the injuring of one another , but that they shall not Navigate , nor Trade in the Ports and Staples that do belong unto either , save under such provisions , limitations and terms as are agreed upon and expressed . By neither of which are the Kings of Great Britain , or their Subjects shut out , debarred or excluded , from Sayling into such Ports , Havens and places of America , and setthing Plantations any where there , as either are not inhabited , or where the King of Spain is not in possession and occupation . But to set this matter yet further in such a clear and distinct light , as that they who are the most Prepossessed and Prejudiced , may see , and be oblig'd to confess , that the Scots have proceeded in the whole affair of their Calidonian Settlement and Plantation , both according to the measures of Law , Justice and Equity , and with a full deference and respect unto , and an entire compliance with the Articles of the publick Treaties , and particularly of that of 1670 : I shall call over the Heads of some of the Articles of that Treaty , and make those reflection upon them , which they do Naturally suggest and offer . Whereas then it is Stipulated , agreed and provided by the Second Article , that there shall be a Firm and Vniversal Peace in America , as well as in other parts of the World , between the Kings of Great Britain and Spain , and between the Kingdoms , States , Plantations , Colonies , Forts , Cities and Dominions which do belong to either of them , and between the People and Inhabitants under their respective Obedience , it doth from thence undeniably appear , that as both the Kings were set upon an equal foot , and did treat for themselves , and for the people , and Inhabitants that were under their respective Obedience , and no further nor for any other , so it is from thence no less evident , that all matters and things were left untouched , and undetermined , that did concern and relate unto such places and parts of America , as were either wholly void and not at all Inhabited , or that were inhabited only by the Native Indians , which as that part of the Isthmus of Darien was , where the Scots have Landed , and are now begun to settle ; so it doth in the way of necessary consequence from thence undeniably follow , that by the said Article , it remained Free and Lawful , either for them , or for any other of his Britannick Majesty's Subjects , so to do , and therefore that there neither is , nor can thereby any Violation , or Infraction be made of the Alliances , between the Crowns of Great Britain and of Spain . For in that the Right , Titles and Claims , of the Kings of Great Britain and Spain , are defined by and circumscribed unto such Regions , Territories , Plantations , Colonies , &c. as do severally and respectively , belong to either of them , it is thereby made uncontrolably Manifest , that neither of them , by that Treaty had any Rights and Claims granted , and allowed unto them in reference to any places in America , further than as they were possessed of them , and save as those places were in and under their actual occupation . And consequently that by the chief purport and design , and by the whole Tenor of the Treaty , it was left free for each , or either of them , to make new acquisitions , and to establish new Plantations in such parts and places of the West-Indies , whether upon the Continent , or in Islands , as were inhabited by the subjects of neither of the two Kings , but were either ( as I have said ) wholly void , or possessed by the Native Indians . Moreover whereas it is Covenanted , adjusted and provided by the Eighth Article , that the subjects of their Britannick Majesties , shall not Sail into , nor Trade in such Ports , Havens , &c. as do belong unto the Catholick King , unless with leave , and upon the terms which are there specified ; it doth from thence evidently and unquestionably follow , that they are left at liberty to Sail into , and Trade in such other Ports and Places , as are not the King of Spain's . And therefore that the Port into which the Scots Sailed , and where they are establishing a Colony , being neither then , nor having been at any time since , in the possession of the Spaniards , they are in their having so done , altogether unaccusable of the being guilty of any crime or misdemeanor , or of having in the least transgressed against publick and solemn Treaties . Further whereas it is concerted , and agreed by the same Article , that the Subjects of the King of England should not Sail into any Ports or Havens , that had Fortifications , Magazins , or Warehouses possessed by the King of Spain , it may from thence be Apodictically Inferred and Concluded , that it continued Free and Lawful for them , to Sail into Ports , and to Trade , where there were no Fortifications , Magazins nor Warehouses at all , and much less any appertaining unto , or in the Possession of the King of Spain . Both which being unquestionable with reference to Acla , and the Creeks , Ports , Harbours and Places adjacent thereunto , it may thereupon be Justly affirmed , and solidly concluded , that neither the Scots , nor any other of his Britannick Majesty's Subjects , were by that Treaty precluded and debarred from Landing , Trading and Settling there , and that the Scots thro' their having sit down , and become Planters in that place , are altogether innocent of the Infraction of any such Alliances . Moreover , whereas it is agreed and provided by the tenth Article , that in case the Ships that do belong to either of those Kings , or to the Subjects of either of them , shall by stress of Weather , or otherwise be forced into the Rivers , Creeks , Bays , or Ports belonging to the other in America , that thereupon they shall be received kindly , harbour safely , and be treated with all Humanity and Friendship ; it may from thence be inferred and deduced , that as both the Kings are thereby stated upon an equal bottom and foot , and the rights of both , and of each of them respectively are restricted and determined to particular Rivers , Creeks , Bays , &c. so it is also thereby mutually confessed and acknowledged , that there are other and of all those several Kinds , in which neither of them have any Property , Interest or Concernment , and that it might be free for the Ships of either of them to Sail into such , and there to Anchor , and to furnish themselves with what they wanted , and the places afforded , and to continue there during their own Pleasure , and to do in such places , whatsoever they should judge to be for their Advantage and Interest , without incurring the imputation of being accounted injurious to one another , or of becoming liable to a charge and complaint against them , of having Violated Alliances . And by consequence , that the Port Acla being such , the Scots might Sail thither , land and settle there , without either asking leave of the Spaniards , or of becoming thereupon censurable by them , of having therein done any thing , that is either against the Laws of Nations , or an Infraction of Alliances and Treaties between the Crowns of Great Britain and Spain . Again whereas it is Concerted and Stipulated in the Fifteenth Article , that Nothing in the said Treaty shall derogate from any Preheminence Right and Dominion of any of the Confederates in the American Seas , Channels or Waters , but that they shall have and retain the same in as full and ample manner , as may of right belong to them , with and under the provision , that Navigation shall not be disturb'd ; I desire in reference to that Article that it may be observ'd , how tho' the Crown of Spain having made a claim of Privilege , Pre-eminence and Jurisdiction in and over the American-Seas , which was no ways granted and yielded unto them by the Crown of England , but the right in and over those Seas left in the same state that it was before ; yet neither in that Article , nor in any other of the said Treaty , is there any claim of Jurisdiction , Soveraignty or Dominion , made by the Spaniards , either over such parts of the Continent or of Islands , whereof neither they themselves were possess'd , nor a right of Property and Dominion in and over them , had been claimed by and granted to the English , of which omission of the Spaniards , there can be no other reason assign'd , but that they knew no claim of that Nature would have been allow'd them ; and that the very mentioning of it , would have occasion'd a formal , explicite , and stipulated Reduction and Restriction of the pretensions of Title and Right in America to the bounds and limits of what is actually occupy'd by them , which they were not willing to have decided and determin'd by an express Contract and Stipulation to the making and rectifying whereof there was their own concurrence and consent . Tho' in Fact no Nation will grant them a right of Property and Jurisdiction in and over more , nor have any European Princes whatsoever hitherto done it . I do the rather make this observation , in that a Claim of Jurisdiction and Soveraignty over Seas and Oceans , is more liable to exceptions , than a claim of Dominion over Lands , either upon Continents or Islands , in that it is universally granted , that Princes are capable of having their several just , supreme and divided Properties in and over Lands , and withal as generally deny'd , that any Potentate whatsoever can rightfully claim a sole Property in and Jurisdiction over Seas , preclusive of the Rights of other Princes to Sail and Navigate upon them . Finally , there may be this one thing yet added , as an indisputable evidence , and a full confirmation , that there was no right of Property and Jurisdiction in and over any Lands , Territories or Districts , in America , granted in the Treaties either of 1667 , or of 1670 , by the King of Great Britain unto the Crown of Spain , save so far as the Spaniards were in actual Possession , in that the English have since those Treaties sit down upon that part of America which is come to be call'd Pensilvania , and have there establish'd large and flourishing Colonies , and that without the Spaniards having once offer'd to complain of it as a violation of Treaties and Alliances ▪ between the two Crowns . Having fully vindicated the Scots Settlement at Darien , from the being either against the Laws of Nations , or in opposition to publick Treaties and Alliances , and having withal justify'd them both as to the Fact , and with respect to the Steps and Methods , in which they begun and have promoted it , I know but of one thing , besides what hath been already consider'd , that can be reasonably alledg'd , against either the Justice or the Equity of it . Namely that the Spaniards have not only been esteem'd the Proprietors of that Isthmus by divers European Nations , but that they have been declar'd , as well as accounted , so by the English in two remarkable Instances . Whereof the First is , That several English Merchants , having agreed upon , and provided a Fund of settling a Plantation at Port-Royal in the Bay of Mexico , in order to the cutting of Logwood , were refus'd the support and protection of the Government for carrying it on , and only permitted to manage a Trade there at their own hazard and peril . And as for the Second , which comes closer to the Question which we have been debating , It is said that certain English-men having undertaken to settle in Darien , and brought the proposal of it before the Council of Trade of England , by whom it was laid before the Lords Justices in His Majesty's absence , and by them transmitted to the King Himself , how that after a mature consideration , it was judg'd and pronounc'd to be a Design and Project , that would be an encroachment upon Spain , and therefore let fall and abandon'd . And that the case of the Scots being parallel to that it ought to meet with the like censure , and be judg'd invasive upon the Rights of the Spaniards . All which tho' it hath been sufficiently both obviated and answer'd in what hath been already said , yet in compassion as well as in condescension to the Infirmities and Weaknesses of the greatest part of Mankind , who suffer themselves to be impos'd upon and misled in their Opinions and Judgments , of Actions and Matters of all kinds , by trifling Reasons and Considerations of very little moment , especially when their Understandings have receiv'd a wrong byass , and are previously too much over-rul'd by prepossessions and prejudices arising from National Pique , or particular Envy ; I shall offer several things in way of Reply to what is alledg'd , and bestow several Reflections upon it . Whereof some of them shall be more general respecting both the cases , and the rest particular relative unto each of them singly and apart . And tho' I shall behave my self in the whole with that Modesty and Deference towards His Majesty and them that have either had the universal Administration , or any part of it , as not to give the least occasion for censure or blame ; yet I hope I may expect to be so far both indulg'd and justify'd in the Vindication of the legal and righteous Fact of a whole Kindom , as not from too much Pusilanimity on the one hand , or Sycophancy on the other , to suffer that Nation to lie under causeless suspicion of Injustice . In the way therefore of a general Reply , I desire it may be observ'd , that as the sentiments and opinions of no Body of Men whatsoever , and much less of a few Individuals , are the Measures and Standards of Moral Right and Wrong , but that the Laws of Nature and Nations are ; so the Acts and Proceedings of the People of Great Britain are not to be finally decided and determin'd , with respect to their legality , or their illegality , and their being judg'd lawful or unlawful , before Civil Tribunals , and at Humane Benches , save by the acknowledg'd Laws of Nations and the respective Municipal Laws of the Kingdoms . For tho' the projecting or the acting disagreably to the Opinion of this or that Board , may in some cases prejudice the Undertakers and Doers ; yet that singly , precisely , and abstractedly , doth neither render the Design nor the Execution of it , at all times , unwise , and much less at any time unlawful and unjust . Nor is it moreover unworthy the being taken notice of , That there is a great difference to be made between the discouraging a Projection , while it is only in proposal and in Embryo , and the condemning and rescinding it , after it hath been put in Execution . Seeing by the first the Undertakers are only advis'd and caution'd , whereas by the last , they are not only disoblig'd and disgusted , but really prejudic'd and injur'd . Further , There is likewise a great discrimination to be made between what is adviseable at one season , and what is justifiable as well as prudential at another . For the exigencies which at one time we may be under , of having the favour and assistance of a neighbouring Nation , may render it impolitick to countenance that , which at another time , when we stand rescu'd from attendance to any other Measures , save those of Law , Justice and Truth , it ▪ were both to abandon and sacrifice our Interest to neglect it . Further , The inhibiting of the Subjects of England , from proceeding in the foremention'd Designs , may have been founded upon such Motives and Reasons , as do no ways affect that , which the Scots have undertaken . Nor can the cases therefore be render'd parallel , unless the circumstances could be made appear to be equal : So that the Kingdom of Scotland , being altogether ignorant of the Inducements upon which the Resolutions were taken in the cases of those English-men , it is not to be expected , that their Cases should have been look'd upon by the Scots as presidents for their conduct , or that they should have govern'd themselves by any rules , save those of their own Interest and Profit , in subordination to the Laws of Nations , public Alliances , and the Municipal Statutes of that Kingdom . Moreover , there is a great difference to be made between checking the Inclinations of a few private Men , who possibly might be rather designing their own personal advantage , than a National good ; and the crossing the unanimous Desires of a whole Kingdom , who as they knew the thing to be lawful in which they were engag'd , so they did believe , that the pursuing it was indispensably needful , in order to their Welfare and Prosperity . Finally , whatsoever Authority His Majesty stands vested with , or whatsoever liberty his Ministers are allow'd to have in reference to affairs previously to Acts of Parliament concerning them , or in relation to Matters that do not directly fall under the Regulation of Laws and Statutes ; yet they do become not only uncontrolable by them , but even are not to be superceded by His Majesty , after that they are once establish'd by Laws , and confirm'd by Charters . For such things as are once made lawful by Acts of Parliament , are put out of the reach both of the King and of his Council , as to their considering afterwards whether they be convenient . But having upon anotoer occasion mention'd this before , I will not here insist upon it again . And as for the particular Reflections , which I intend to make upon each of the Cases apart , I shall dispatch them with what expedition I can , and in the order that the Cases are laid down . In reference therefore to the first , which was the Council of England's discouraging such English Merchants , as had design'd to have settled at Port-Royal in the bottom of the Bay of Campeachy ; I do say that there is no likeness , alliance or affinity , between what was intended to have been done by some English there , and what is done by the Scots in the Isthmus of Darien . In that the Bay of Campeachy , lying in the Province of Nicaragua , within the Diocess of Stiapa ; which Dominion and Bishoprick , being part of the ancient Empire of Mexico , which the Spaniards conquer'd after their usual way of Killing the Inhabitants , and converting the Land to their own use , and unto which they have been confess'd to have a right by Prescription , can be no parallel unto , nor bear any similitude with that of the Isthmus of Darien , where the Scots have establish'd their Colony of Calidonia ; seeing as the Isthmus was never any part either of the Mexican or the Peruvian Empires ; so that particular District of the Isthmus , where the Scots have begun to settle a Plantation , was never subdu'd by the Spaniards , nor did the Natives at any time acknowldege their having Jurisdiction over them . So that tho' for the English to have settled in the Bay of Mexico , might be accounted an Encroachment upon the Right of the Spaniards , yet it can no ways from thence follow , that for the Scots to settle at Acla , which had never been subdu'd or possess'd by the Spaniards , is to be held an Invasion upon any of the Territories , or an Encroachment upon the Rights of the Spanish Crown . Moreover , for the Council of England to have given permission to the English Subjects to Sail unto , and to stay and cut Logwood in the Bay of Campeachy , without the leave and consent of the Spaniards , was a greater encroachment upon the Rights of His Catholick Majesty , than it would be to have the Scots authorized and justified in their erecting a Colony on that part of the Isthmus where they landed and are sit down . Seeing it is contrary to all the Measures both of Justice and Amity , for a Government to connive at an Invasion upon the Dominions of a Prince , in whom a Title , Jurisdiction and Property are allow'd to stand vested in and over those Territories ; whereas it interferes with no rules of Law , Equity or Friendship , for a Government to authorize and empower its Subjects to plant in a place where that Prince was never acknowledg'd ( nor justly could be ) to have a Soveraignty or Right . Further , whatsoever the opinion of the Court and Council of England may have been as to the Spaniards having such a Right to the Bay of Campeachy , as doth debar and preclude all others from coming thither , without obtaining of leave from the Spaniards ; yet there are other Courts in the World , who have thought that it was free for them to settle in that Bay , without a Grant and Concession from the Crown of Spain , whereof there needed no other instances to be assigned , but that of the French , who have several times been endeavouring to have settled on the River de Spiritu Sancto in that Bay , and who are at this time designing to establish a Colony on the River Mischasipe upon the Mexican Gulph . Finally whatsoever the Council of England , might have said to those English Merchants , for discouraging their settling at Port Royal in the Bay of Mexico ; yet it is unquestionably certain , that the project of the English for settling and cutting Logwood there , obtained and took effect , in that they have had for several years , Logwood in that place appropriated unto them , which they have cut and brought home for the accommodating of English Dyers . And as to the Second Case , concerning the Prohibition of those English Merchants and Traders , to settle in Darien , whose Proposals for the establishing a Plantation in that part of America , had been laid before the King , as well as the Lords Justices , I shall in the first place declare , that the circumstances of that being wholly unknown to me , I shall not assume the Confidence , to pronounce any thing positively in reference to the particular grounds and reasons , of the Opinion and Judgment of his Majesty , the Lords Justices , and the Council about it , only it may not only be conjectured , but affirmed with Confidence , that the forbidding all proceedings in that enterprize , was upon Motives of State , rather than of Justice , and that it was done because of the Inconveniencies , which at that Juncture might have ensued ; and not by reason of the illegality of it . For as the Proposal was made at a time , when we were in Confederacy with the Crown of Spain , for the carrying on a War against a Great and Powerful Monarch , and as the Spanish Dominions were the chief seats of the War , and the Ports and Havens of Spain absolutely needful , as well as extreamly useful , for the management of our Commerce in the Mediteranean and Levant , so the preserving of Spain firmly in the Alliance , was upon many other accounts , ( which I shall not enumerate ) indispensably necessary , both for the upholding of the War , and in order to the success of it , in favour of the Allies in general , and particularly of Great Britain . So that upon whatsoever political Inducements , that proposal was discountenanced , and rejected , yet I may venture to affirm , that it was not upon the foot and motive of the Spaniards having a right and property in , and a Soveraignty and Jurisdiction over , the whole Isthmus of Darien . For as that would have been an acting in direct opposition , to the general Foundation and Principle , which both the English and all European Nations proceed upon , in their establishing of Colonies in the West-Indies , and in Justification of the rightful and legal Dominion , that they have over the Lands , Territories , Provinces , Islands , which they have acquired there : Namely that no ones right in that part of the World , doth extend beyond possession and occupation ; so it were to have debarred and shut out , the English as well as all other Europeans , not only from erecting new Colonies in those places of America , where the Spaniards are in the possession , and have the Dominion ; but from settling any New Plantations in such parts of the West-Indies , where the Natives are the sole Soveraigns and Occupiers . Which is a thing both so absurd in it self , and so directly opposite to the Interest , Prosperity and Honour of England , that it were to entertain an opinion inconsistent with good Manners , so much as once to imagine , that either the King , the Lords Justices , or any English Ministers of State , should be so weak and imprudent , and so neglectful of the Welfare and Glory of Great Britain , as either to fall into such a pernicious measure of themselves , or to be dup'd into it by others . Moreover to have been influenced to reject the foresaid Proposal , upon the reasons and motives of the Spaniards , having an Universal and a Sole Right in the Isthmus , would have been to have acted in the highest way of Injustice to the Natives , thro' the ejecting them out of their Property and Jurisdiction in and over those Lands and Territories , whereof they are both the legal and rightful owners , and the alone occupiers and possessors , to a great extent of ground upon that Straight , and thro' the vesting the Property and Dominion in the Spaniards , who have no Title or Claim to a great part of those Territories , either by conquest or the consent of the Indians . Nor can any thing more disgraceful and unrighteous , as well as undecent and unmannerly be conceived of his Majesty , and of those that are in the Administration , than that they should act upon an Inducement , that would import a robbing of the rightful Proprietosr of their Inheritances , and a deposing of hereditary and legal Governours , from their Lordships and Jurisdictions , to place ; and settle them in others to whom they do no ways appertain . Finally , should we suppose his Majesty , and the Lords Justices to have Prohibited the foresaid English Merchants and Traders to settle upon the Isthmus of Darien , because it would have been an encroachment upon the rights of the King of Spain ; we must be obliged to add , that they therein acted incongruously to the measures of other Princes and civil Ministers , who have been both encouraging and endeavouring the Planting of Colonies upon or near to that Isthmus , with the consent of the Natives , without the least respect had to the Claim and Title of his Catholick Majesty , whereof having given an instance before , I shall not here repeat it . So that having represented and finished , whatsoever I account needful to be said for Justifying the Scots Settling a Colony at Darien to be according to the Laws of Nations , and agreeable to all the measures of Justice and Friendship , and not to be an Usurpation upon the right of the King of Spain nor to interfer with any Alliances between his Britannick Majesties , and the Catholick King ; and having vinvicated that Fact of theirs , from all the exceptions which are made either against the lawfulness , or the friendliness of it ; It will now be a piece of prudence , as well as of decency to bespeak the favour and assistance of the Parliament and People of England , for their being supported and protected in that undertaking . Nor shall I so much endeavour to perswade and influence them thereunto upon the Motives of generosity and Kindness , as upon the Inducements that they will find the doing it , to be greatly for the advantage of the Crown and Subjects of England . For as much might be expected to be done in behalf of the Scots by that powerful and opulent Nation , upon the reason of their being not only Neighbours to one another upon the same Island , and under the Soveraignty and Government of one and the same Monarch ; but because of the many Offices of Councel and Aid , which they have since the Union of the two Crowns , mutually render'd to one another ; and that the Kingdom of Scotland in particular , hath espoused the concerns of England in a way of Singular Amity and with extraordinary fidelity and zeal , whensoever they have seen them involved under difficulties and dangers ; so that which is now desired from the English towards the Scots is not near what the Ancestors of the former have render'd unto those of the latter heretofore , In that besides their having had the Counties of Northumberland , Cumberland , and Westmorland several times granted and confirmed unto them , to be held in Fee of the Crown of England , in recompence for the Services and assistances which they had yielded unto the English , in their distresses : We are assured by an English Writer , that it was provided for in a course of Law under the Reign of Edward the Confessor , that the Scots should be held Denizons of England and enjoy the same privileges with themselves , because of the Aid which they had render'd to that Kingdom against the Danes and Norwegians . But I shall chuse to wave the laying the recollection and consideration of all or of any of these before them , which touch upon the head of gratitude , and shall think it more advisable to address them by other Topicks , namely by those that shall refer to the Benefits of Strength , Riches , and Honour , which will thereby accrue , and redound unto the Kingdom of England . For how mighty and wealthy soever , the Nation must in truth stand acknowledged to be , yet it must also be confess'd , that under the great variety and plenty of Natural and Artificial productions , which their own Country and the Dominions thereunto belonging do afford , they have not the advantage of being furnish'd with Gold and Silver Mines , which yield the Metal and Bullion that make the Funds of Trade , raise the Bulworks of safety , administer the Supplies of plenty and pleasure in peace , and enableth to muster Armies , and equip Fleets in times of War. And tho' it is not to be denyed , but that by means of their Manufactures , and by reason of their Industry and their application unto , and skill in the management of a large and universal Commerce , they have a great Share of the Treasures of the Spanish West-Indies flowing annually unto them ; yet it is with great hazard , at much expence , and after having been long out of their principal , that they become possest of it in those methods . And it is also demonstrable , that a much greater proportion of Gold and Silver will both come into private Banks , and into the public Exchequer of England , by the Scots having such Mines within the bounds of their Colony of Darien , than hitherto hath , or ever can , in the ways of meer Commerce with the Spaniards . Nor ought it here to be omitted , that the Mines in the occupation of the Spaniards in that part of Darien , which lie nearest , to the plantation of Caledonia , and in which they work at present , do so abound in the very Oare of Gold , that every Negro whom they employ , is bound to gain daily to his Master , as much as doth amount after it is refined to thirty Lewis d'ors : whereas such as are employed in the English American Sugar Plantations , which are reckoned to be the most profitable of any they have , do not after all the expence upon them in their food , cloaths , and other accommodations , earn above one hundred pound Sterling gain a head per annum to their Master , which is not near so much in a whole year , as the other bringeth in per week . And as the Goods and Commodities sent out of England to Spain , which bring them returns in Gold and Silver , will be transmitted immediately to Darien with more speed , and at less expence , as well as hazard , than they go now to the Spanish Colonies in America , by making the Tower of Cadiz , Malaga and Sevil ; and the profit thereupon be much the greater to the English Merchants ; so a good part of the Treasure which cometh directly into Scotland , upon the alone and single account of the Caledonian Company , will in divers ways so circulate , as to come at last to center in England . Seeing besides what must necessarily flow in thither in payments , both for what of their own productions , and what of Foreign goods that have been first imported to England , will be called for and purchased by the Scots , it is not to be imagined how much will come to be brought in , and spent there in ways of Diversion and Pleasures by all sorts of people of Scotland , and especially by the Nobility and Gentry . For as it is too well Known , that the generality of the Scots , whose circumstances do quality them for and allow it , have much in them of the humour and even Vanity of Travelling , and are inclinable enough to spend in proportion to the quantity of their Cash ; so thro' London's being the Metropolitical Seat of the Government , and the place where the King has his residence , the Court is kept , and all grand Affairs of State , as well as many of the most important concerns of particular men are transacted , they will be certain to come thither in far greater Numbers than they now do ; some out of Courtship , and others in complyance with the exigency of their affairs , and all of them maintain a Port , and live at a Charge answerable to the weight and depth of their pockets . Which will not only be of great profit and advantage to the Northern roads , thro' which they must go and return , and of divers other parts of the Kingdom to which their Pleasure , Health or Curiosity may tempt them , but especially it will be of great advantage to London , seeing besides what they will spend during their Residence , and in the making a figure , while they are there , they will also furnish themselves in that Metropolis with such accoutrements of State , and provisions of houshold furniture , as they shall esteem to be needful either for their grandeur , or their conveniency when they go home . Moreover it is not to be questioned , but that the English , upon very easy and Honourable terms and conditions , may be admitted into a Partnership in the Plantation , and into a share of Trade with the Scots . Which as it will draw a considerable part of all that is either Dug out of Mines , or that is otherwise produced within the District of that Colony , as well as of whatsoever shall accrue to the Company , by a Traffick drove at Darien , directly and immediately into England ; so it will both greatly enlarge the Trade and Commerce of England , and mightily encrease their Wealth . For as the Scots were so neighbourly and kind upon the enacting of the Law , for the establishment of a Company , for Trading to Africa and the Indies , as to make the first Offer to the English of Joining in the Subscriptions to a Stock and Fund , so as to become Partners with them in any Plantation they should settle , and in whatsoever they should acquire ; so it may not only be hoped , but confidently affirmed , that they will not now be opposite , nor averse , to the receiving them upon such terms , as may be safe and creditable to both Kingdoms . Nor can the Parliament of England , in their approaching Session , fall upon any matter , that will be of more National concernment , or from which more benefit will arise to the Government and people of England , than to consider and advise , how the Kingdoms may become so Incorporated with respect to that Colony , as that upon a congress between Commissioners , authorized respectively by both Nations to treat and agree about it , the terms upon which the English shall be admitted sharers in it , as well as the degree measure and proportion of Interest in it , which they shall be received into , may be Adjusted , Defined and Stipulated . Further it is not unworthy to be observed that the French , as well as the Dutch , being grown mighty in Naval Power , and both of them , but especially the latter , the Rivals of England , not only in Traffick and Commerce , but with respect to the prescribing unto others , what shall be the terms of Navigating the Seas , and what Ceremonies of respect , Ships of War , as well as of Trade , shall pay to one another wheresoever they come to encounter in Sailing ; how that thereupon it is become the true Interest of England , to have Scotland advanced into such a state and condition , as that it may be able to provide , Equip and Maintain , good Squadrons of Men of War. Which as it cannot be done without their attainment unto a considerable Foreign Trade ; so they may be enabled speedily to effect it , by means of their Colony at Darien , provided they be supported in it . And as Scotland , upon their being in a condition to send out a Warlike Fleet of their own , will in case of a War against Great Britain , save England the trouble and charge of maintaining Men of War on the Coast of Scotland , for covering that Nation from Invasion , as it hath several times both lately , and more Anciently been forced to do ; so it may with confidence be affirmed , that neither France nor Holland will be very forward to quarrel with England , when beside their own great Naval Power , they will have a considerable Marine Strength from Scotland , ready at all times to joyn and assist them . And should it so fall out , that a War is not with Honour and Safety to be avoided between Great Britain and either of those Nations , which is so far from being impossible , that it lies within a probable view , Scotland thro' having a potent Naval Power of its own , will upon a conjunction in that case of its Strength with England , give the King of Great Britain such a Superiority over his Enemies in Number and Force of Ships , as may in the ordinary course of Providence , render him unquestionably victorious , which will redound chiefly to the Profit and Glory of England . Nor will they only in such case be in a condition both to protect their own Trade , and to assist the English with a Squadron of Stout Men of War towards the encreasing of the Royal Navy ; but they will by reason of the Situation of their Country , and the conveniency of their Ports , be able to cover and defend the trading Ships of England towards the East , and to secure their Navigation to Hamburgh , Swedeland , Denmark , Poland , Muscow , Greenland , &c. which is very needful to be kept safe , because of the Pitch , Tarr , Canvass , Timber , as well as of divers other Commodities , which are brought from those Parts , whereof several , if not most of them , are indispensibly necessary for the building , repairing , and equipping of Ships of all sorts , and cannot be so well had in other places . Further , The more Rich and Opulent that the Scots do grow , which they will speedily do , by the Gold and Silver which will be dug out of the Mines of Darien , and by the Profits that will accrue from such other Productions , as that Territory where they are so planted doth afford , they will thereby be in the better State and Condition for granting larger supplies to the Crown , than they hitherto could ; and thereupon administer ground , as well as occasion , for greatly lessening and moderating the Charge , which England , even in times of Peace , but especially of War , hath heretofore been necessitated unto . And whereas the Scots have been at all times able , and thereof given abundant proof during the late War , to raise and muster great Numbers of as brave and well-disciplin'd Forces , as any Nation of the World can afford ; yet by reason of their Penury , which is a consequence and effect of their want of Foreign Trade , and of Colonies in those parts of the Earth , from which the great Wealth doth arise and flow into European Countries , which their Plantation at Darien will soon cure , remedy and relieve them against , they could not grant Taxes , nor advance Money that would have been sufficient for the Maintaining and Paying of their Troops , but there was a necessity of putting them upon the English Establishment , which was in part an occasion , both of those excessive impositions of all kinds , which England became indispensibly oblig'd to fall into the projection and enacting of ; and of those incredible Debts which it hath contracted , doth lye under , and cannot speedily redeem it self from . For seeing the Kingdom of England , how plentifully soever it be furnish'd with Men , and able to bring into the Field very numerous , as well as admirable Forces , could not have rais'd within it self that vast proportion of Military Troops , which were thought needful to be kept on foot during the late War , which made it to receive and maintain so many thousand of Scots Forces ; will it not therefore be of great advantage upon any Stress or Exigency of the like Nature hereafter , to have the same or a greater proportion of Scots Forces to join them , and to come in to their assistance , without England's becoming oblig'd either to subsist or to pay them ? and instead of having them upon Loan , and at a great expence of English Treasure , to obtain them as a Quota , which their Neighbours and Friends will not only at all times be ready to grant and advance , but to maintain at their own charges . And as it may be affirm'd under all the moral certainty imaginable , that the Scots thro' their being upheld and defended in their Calidonian Colony , will , in a few years , be render'd able , and will be found ready and forward to come into those Measures of Conjunction and Union of Forces with England , in all such Foreign Wars wherein they shall at any time embark ; so it may from thence be inferr'd , that it is the true Interest of the Parliament and People of England , to have the Scots not only preserved and protected in the enjoyment of their Plantation in Darien , but to give them all the countenance and aid which they can , against such , whosoever they be , that shall attempt either the troubling of them there , or the driving them from thence . Moreover , it might be represented and shew'd at large , how much it will be to the advantage of England , both with respect to their Plantations in the West-Indies , and their own general growth and encrease in Trade , and the rendring their whole Traffick and Commerce more secure and profitable than it has been , to have the Scots upheld in the possession which they have obtain'd upon the foremention'd American Isthmus , and that they be successful and prosperous in the improvement and further extension of their Colony . But having said enough in a former Paragraph , for the demonstrating of that beyond the being either deny'd or contradicted , and the matter being obvious to all Men , who are capable of thinking rationally and to any useful purposes , and it being withal a Topick , which every little and common Writer upon this Subject , will not fail ( thro' inability to enlarge and employ their Conceptions about other things relative hereunto ) to make their best and utmost of ; I shall therefore decline the re-assuming the consideration of that Head again here , and shall address to the representation of one Medium of Argumentation , whereby it will apodictically appear to be the Interest of England , to have the Scots preserved and defended in their Settlement at Darien . Namely , That the conveniency of that place for an European Plantation , being now better understood than it was before , and the wonderful Profits and Advantages that will flow from and accrue by it , being more fully apprehended and more clearly discerned , than ever they were ; it will thereupon follow and ensue , That should the Scots be drove from thence , the Subjects of some other Prince or State , besides the Spaniards will possess themselves of it . Which whosoever it be , will be of fatal consequence to England , as well as ruinous to Scotland . Nor dare I entertain so unworthy and dishonourable an Opinion of the English Nation , nor shew my self so ungrateful to a Kingdom , unto which I owe more Thankfulness , Service and Duty , than ever I can be capable of paying , as once to imagine , that they themselves will be so unjust , as well as unkind , either clandestinely and by connivance , to be accessary to the wresting of that Plantation out of the possession of the Scots ; or so ungentile as well as unfriendly , as singly and alone , or in conjunction and confederacy with others , to drive and compel them from thence by force . Seeing as endeavours and attempts of those kinds , would not only appear so shamefully scandalous to all the sober , wise and righteous part of Mankind , that the greatest part of the World would reproach them for the Treachery and Wickedness , as well as for the Imprudence and Folly of it , but it would beget that bitter and implacable hatred in the Scots Nation against England , as would excite and kindle those Desires and Flames of Revenge , as no length of time will ever allay , nor the Authority of any Prince entit'led to both the Crowns , be able to extinguish or to prevent the fatal consequences of . And tho' the Power and Strength of Scotland may be look'd upon with Derision and Contempt , when compar'd with the Force and Might of England ; yet should first Wrath , and then War arise between these two Nations , it may be easily foretold , without pretending to a Spirit of Prophecy , that it will be mischievous beyond expression to both , tho' in the issue it may prove more ruinous to the one than to the other . Nor is it possible to be avoided , but that a quarrel rais'd between the Kingdoms upon that motive and account , will produce the like , if not more dismal effects , than the War in the Reign of Edward I. did , whereof a judicious Historian hath left this wise and memorable Observation , that Angliam vehementer concussit , & Scotorum nomen fere delevit ; It wonderfully shook and weaken'd England , and almost exterminated the very Name of the Scots . And this is so obvious to be foreseen and discern'd by any Man , that gives himself the freedom of thinking , especially considering the present circumstances of England , with respect to its no less potent than envious Enemies about it , as well as upon other accounts , which I decline the mentioning of , that it will neither be undecent , nor savour of undue boldness , to say that whosoever shall advise the application of the power of England for driving the Scots out of Darien , can design no less , than either the ruine of the Nations by one another , or the making them when divided and weaken'd a prey unto those who long to subdue and destroy both . But as England is a Nation of more Honour and Justice , than from their own inclination and choice , to come into to such a design against the Scots ; so they are a more sagacious and wise People , than either to consent unto , or to connive at their being wheedled and drawn into it by others . So that the Scots having no ground or reason for apprehensions and fears , that the English will directly or indirectly concur and assist to their being expell'd from thence , nor I hope supinely and tamely look on until it be effected : All the jealousie and dread is , that either the French or the Dutch may co-operate and contribute towards it ; or at least that in case the Spaniards alone should be in a condition to accomplish it , thro' the Scots wanting , and being refus'd sufficient and seasonable support , one of these Nations , who are both so potent in Land Forces and Fleets of War ; should by way of after game , make it their business to get into possession of it . And under the power of which of these two Nations soever it shall chance to fall , it will be of equal , but of very fatal consequence , even to England . For suppose that the Dutch , who are a People that do extraordinarily well understand their Interest , and who never miss the going into all the Measures and Methods whereby they may promote it ; ( witness their Conduct and Management not many years ago at Bantam , and if we will believe a sort of ill-natur'd Men among our selves , their coming thereupon into the late Revolution here in England , not so much out of kindness either to our Religion or Laws , as to prevent King James's revenging that action upon them , ) I say suppose that they upon the Scots being expell'd from Darien , should find themselves able , as undoubtedly they are willing , to settle a Colony there , the consequences thereof towards England are at present as obvious , as they will hereafter be infallibly fatal and ruinous . For besides the advantage that such a Plantation will give them , of engrossing and monopolizing in a little time unto themselves the whole Trade of the East-Indies , China , and Japan , as well as most of the American Traffick , especially that which is mainly profitable of it : they will moreover by that addition of Wealth to the Treasure , which they have already , which the Gold and Silver Mines of Darien will inconceivably and speedily yeild them , be not only in a condition to give Laws to all Europe , and become the sole Arbiters of Affairs in these parts of the World , but they will be able , if they have a mind to it , and it is neither wise , nor will it be safe to lie at their discretion , to rob England both of the the Soveraignty of the Narrow-Seas , and of the freedom of Navigation into any places of the Baltick , the Mediterranean , or elsewhere , save as they shall be pleas'd to permit and licence them . But tho' this be a Subject worthy to be enlarg'd upon , and that deserveth to have an ample detale given of it , and which withal it were not difficult to do in a manner that might awaken England out of its drousie and lethargical Temper , yet for reasons which need not to be told , but may readily be guess'd at , I shall not at this time , nor in this place , prosecute it any further . However should the Dutch , upon Motives which may lie before them , and whereof we can have no information , decline interposing in that affair , either as to the encouraging of the Spaniards to drive the Scots out of Darien , or the endeavouring to establish a Colony there themselves , in case they should be expell'd ; yet who knoweth but that the French may co-operate towards the first in order to their obtaining and compassing of the latter ; which will be as mischievous , if not much more , in the effects and consequences of it to England , than if it should fall under the power , and come into the possession of the Hollanders . And we have the more reason to be apprehensive , that the French have some such design , if we do but observe how jealous and importunate they have been and still are in their offers of assistance to the Spaniards , for the dislodging of the Scots ; which every wise and thinking Man must believe to be done in prospect of advantage to accrue unto themselves , rather than of any benefit which they intend shall result thereby to the Spaniards . Nor do I think it needful to give along deduction of the mischiefs that may , and which in all probability will ensue , upon the Settlement of a Colony on the Isthmus of Darien by the French , to the affecting of all Europe , and particularly the Kingdom of England , they being so obvious that they cannot escape the views of any who have Eyes to see , and will but vouchsafe to open them . Nevertheless in order to the awakening thoughts in such , who do not exercise themselves in Speculations of this kind , I shall very briefly intimate a few things , which carry their own evidence along with them . Namely , that should the French become possest of any part of Darien , and especially of that where the Scots have erected their Calidonian Colony , they would thereby be wonderfully enabled , both to disturb the Trade of England in all their West-India Plantations , and for making encroachments upon them , in their best and most profitable Colonies . And if what the Author of an Essay upon ways and means , doth say of the danger and damage that by the French settling at Meschasipi , will arise to England , with respect to their American Traffick and Plantations , deserveth serious consideration , as undoubtedly it doth ; much more is their establishing themselves upon the Isthmus , to be for the same motives and reasons seasonably thought of and prevented . Moreover it may be very rationally affirmed , that were the French once possessed of such a considerable Port in Darien as Port Acla is , they would not long continue contented with that , but would be endeavouring to enlarge their Acquisition and Jurisdiction over the whole Ishhmus , which as it would lay the Foundation of their becoming Powerful over the Northern Ocean , and afford them wonderful means and opportunities of extending their Trade , to the East-Indies , China and Japan , and of getting in a great measure to be Masters of the rich and beneficial Commerce , that is carried on and managed by Europeans in those parts of the World ; so it would infallibly put them into a capacity and condition , of gaining in a very little time the Soveraignty both of Mexico and Peru. It being both certain and evident beyond all denial , that with fewer than ten Thousand well disciplined Troops , they may wrest both those Empires from the Crown of Spain , as also whatsoever they do Possess besides upon the American Continent . Seeing as the apparent weakness of the Spaniards there is such , that they will not be able to withstand the Impression , and attacks of a few Battallions of good Military and Regular Forces ; so it is Morally certain , that they will have the aid and assistance of the Criolians ( who are such as are born in America of Spanish Parents ) as well as of those , who are of the race of the old Native Indians , to rescue those Countries and Provinces from under the Power and Dominion of the Crown of Spain . Which how fatal it would be to the European Princes and States , as well as ruinous to the Spanish Monarchy , I need not be at the pains to represent and prove . Further should the French become once possessed of any part of Darien , and obtain the occupation of the Gold and Silver Mines which are there , it would after that be in vain to contest or withstand their Pretension of succeeding to the Crown of Spain , and of the Dominions thereunto belonging . For as the House of Bourbon , hath a great deal to alledge in Justification of its Right and Title , of Succession to that Monarchy , should his present Catholick Majesty die , without Issue , as he is like to do , and as they have already powerful Forces for the seconding and making good their Claim , so it is beyond contradiction that were they once Masters of those Mines , which lie within the District where the Scots have their Calidonian Colony , it would after that be impossible to defeat and prevent them in their pretensions , seeing they would not only thereby be in a condition to possess themselves with ease of the many and Rich Provinces which the Spanish Crown hath in America ; but they would be furnished with a Fund of Treasure for the payment of all those numerous Troops without burden to their Subjects , which they shall think needful to keep on foot in Europe , for the asserting of their Right of succession to that Monarchy . And I may Justly as well as boldly say , that the single supporting of the Scots in their settlement at Darien , will be more subservient and effectual for the obstructing of the French in that design , than all the Alliances that can be made in Europe against it , will in the Issue and Event signifie , without the preservation of that Colony . And indeed God in his wise Providence , seems to have adjusted the Scots settling there at this Juncture , in order to be a means and expedient of obstructing the French from succeeding in their pretension , if others will have but eyes to see it , and prudence to make use of it . Finally it is not unworthy the being considered , what Jealousies all Nations in this European part of the World have of late entertained , and what a general belief they have imbibed , as if the French were aspiring after an Vniversal Monarchy . And was not the fear of this on the one hand , and the obviating it on the t'other , the pretended reasons of the late Confederacy , and of the War that proved so Bloody and Expensive , which tho' they may be thought to have given some check and interruption unto it , yet they are far from having either made the French deposite the thoughts of it , or from having so weakned and disabled them , as to render the prosecution and compassing thereof Impracticable . Yea I may venture upon all the Topicks of Reason , and Politicks , to pronounce that it is Impossible to hinder and disappoint it , may they be but connived at , in the obtaining the possession of the Gold and Silver Mines , which lie in the Neighbourhood , and within the District of the Calidonian Colony . Whereas if the Scots be protected and upheld in it , there will those Treasures flow from thence into Britain , as will so enrich his Majesties Exchequer , that he may not only make his own Dominion the happiest and most opulent in the World , and put the balance of the Trade of the whole Universe into their hands ; but render himself and his Successors , the unquestionable Arbiters of all affairs and transactions , within the limits of the European Dominions , and give him the glory of saving all Europe , from the Deluge and Inundation of a French Conquest . Whereunto let me in the next place be allow'd to subjoin , that in case Scotland should be able of it self to defend and maintain their Colony against the machinations and assaults of the Spaniards , without the assistance and support of England , as it is hoped they may , that the English will not only lose the Honour and Thanks of it , with all the Privileges and Advantages which thro' countenancing and aiding of them they might have been partakers of , as well as have been secur'd of the perpetual Friendship of that Nation , and upon all occasions experienc'd the happy effects of it ; so it can give no just offence to such of the Kingdom of England as are endow'd with Wisdom and Understanding to have it plainly laid before them , that if Scotland find it self too weak to withstand the Forces of the Crown of Spain , and of such as may joyn their Power with that of the Catholick King for dislodging of them , and in the mean time find themselves abandon'd by England , how that in such a case , it is greatly to be fear'd that they may call in some Neighbouring Monarch or State to their Succour and Support , tho' the doing it will infallibly be reckon'd , and deservedly too , a trespass against their Allegiance , Fealty and Loyalty . And the Scots being naturally a warm People , too much verifying the Proverb , that Scotorum ingenia sunt fervida , which vulgarly goes of them , they may the sooner be hurry'd into such an irregular and unlawful course , by reflecting , that since both the Nations came under one Soveraign , they are both much less esteemed by the English , and enjoy fewer Privileges in England , than in times of Peace between the Crowns they did before . Whereof the reason is obvious ; namely , that England being the powerful and opulent Nation , and having the King Resident among them , they do thereby the more easily influence him to be kinder to them than to the Scots . For tho' I hope that they will never be tempted to run into such a Method , and do also heartily wish , that no provocations may force them upon it , yet whosoever will either consider , the Nature and Temper of Mankind , and make reflections upon Late , as well as upon more Ancient Precedents , may find matter of apprehension and jealousie administred unto them , that it is so far from being impossible they should do so , that it rather looks like a moral certainty , that it will come to pass . There being nothing more natural , as well as usual , than for Communities and Nations , as well as for individual and particular Men , when either unkindly treated by their Friends , or distressed by their Enemies , to seek for succour and relief wheresoever they can obtain it . And to cite the Testimonies and Examples that do aver and confirm this , would be both to transcribe a considerable part of the Histories of all Ages , and to give the Detale and Memoirs of the behaviour of vast numbers of private Persons . Nor doth it in such a case come much under Peoples consideration how far such a procedure will be accounted Criminal , and the Authors of it held impeachable ; Interest in such circumstances out balancing Duty , and present inconveniencies stifling Fears , with respect to what may be future . Nor is it unworthy of remark what Mr. Littleton , Brother to this present Speaker , broadly insinuates concerning Barbados , when he , as well as that whole Plantation , thought themselves severely dealt with by the Government and Kingdom of England ; namely , that it was to be dreaded , least under such discouragements , they should be tempted to run into Merthods , that would be as irreconcilable to their Loyalty , as they would be contrary to their Inclinations , unless they were forc'd upon them . And as it is firmly to be believ'd , that the Dutch , or any of the Northern Crowns , if apply'd unto by the Scots , and their aid crav'd , would be ready to own and espouse their concern ; so it is to be apprehended and fear'd in more special manner , least under such melancholy menacing and distressful circumstances , they should not make their address unto , and put themselves under the protection of France . Seeing besides the agreeableness in temper and humour , between the Scots and the French , more than between any two Nations in Europe , the old Affinity that was betwixt them , and the benefits which redounded mutually to each of them by it , are not wholly forgotten . For as the Ancient Alliance of Scotland with France , and the many brave Troops wherewith upon all occasions they supplyed the French , were the unhappy means of the English losing all those Noble Provinces , and vast Territories , whereof they were once rightfully possessed in France , so the Scots are upon every unkind carriage of England towards them , but too apt to remember the Honours and opulent Fortunes , which divers of them attained unto during their long and faithful league with the French. Nor have they reason much to question , but should they renew their old Confederacy with France , and call for assistance from thence , the whole Kingdom of Scotland , would be soon reinstated there in all the ancient Privileges and Immunities , which were enjoyed by them heretofore , and not only such who are chiefly concerned in the business of Darien , become liberally rewarded and recompenced for throwing themselves into the arms of the French ; but such as are of the chief and first Rank of their Nobility , would be courted to accept General-Commands , Mareschal-Staffs , Ducal-Coronets , and Annual Pensions , answerable to those of Princes of the Blood , which their Ancestors formerly had . Nor ought it to be over-look'd , how the Scots even since their Vnion with England under one and the same King , have without the knowledge of His Britannick Majesty , sought the Protection of France , when they conceiv'd themselves in danger of being Invaded by England . It being too well known to admit of contradiction , that when King Charles I. was advised and influenc'd to make War upon them , for their withstanding what they call'd Invasion upon Church and State , how they apply'd themselves unto France for assistance ; inscribing their Petition and Memorial to Lewis XIII . Au Roy. For which , tho' they were charg'd both with Treachery and Rebellion by the Court Party , yet that Act of the Scots was not so heinously resented by the English , as to deserve to be taken notice of and upbraided at the Treaty at Rippon . Nor will the Zeal , or rather Biggotry of the present French King be of much signification for diverting them from begging his protection , in case they see themselves likely to be ruin'd in their present design , thro' their being assaulted by Spain and abandon'd by England . As knowing that the State Wisdom of Lewis XIV . will as much over-rule his warmth for the Faith and Worship of the Romish Church , as it did that of Henry II. of France , when the Protestants in Scotland resisted such as they said would Persecute them in the Reign of Queen Mary his Daughter-in-law . That King being recorded to have said upon that occasion , We must commit the Souls of Scots-men to God , for we have difficulty enough to rule the Consciences of such as are French. Neither ought it to be pass'd over without observation , that the application which the Scots under the Reign of Charles I. made to Lewis XIII . was not very long after his having subdu'd his Subjects at Rochel , and wrested the Cautionary Towns out of the hands of his Reformed Subjects . Which open'd the way to all the Mischief and Ruin that have overtaken them since . Nevertheless this must be said in favour of the Scots , that it was upon the Motive of Religion , and from Indignation against France , because of the late and present Persecution of the Protestants there , that they did not carry their Resentments higher for the affront put upon His Majesty , and the Parliament of Scotland , with respect to their Act for a Company to Trade in India and Africa , and that they did not warmly express their displeasure in relation to the interposure of His Majesty's Envoy at the Courts of Lunenburgh , and his Resident at Hamburgh , who by menaces , as well as by gentler Methods , both deter'd and discourag'd the Hamburghers from contributing to their Stock and Capital , and from joyning in the establishment and promotion of the Plantation and Trade , which the Scots were about to Settle and Embark in . For as it would not but wonderfully surprize the Scots to find their Undertaking , and particularly their transaction with the Hamburghers for Subscriptions and Aid , not only stil'd The Action of some private Men , who neither had Credentials , nor were any other ways authorized by His Majesty , when they stood warranted in the one and t'other by the King's Charter , as well as by an Act of Parliament , but to have it represented to the Magistrates and Governors of that Free City , That His Majesty would regard all Proceedings with the Scots in that affair , as an affront to his Royal Authority , and that he would not fail to revenge himself of it ; so it was matter of the greatest astonishment to the People of Scotland , that the said Envoy and Resident , persevered to oppose them in all their transactions at Hamburgh , until they had frustrated and defeated them in what they were about , notwithstanding that Tullibarding and Ogilvis , His Majesty's Two Scotch Secretaries , had declar'd in a Letter to the Council general of the Company , that they stood empower'd by the King to signifie unto them , that His Majesty would give order to the said Envoy and Resident , not to make use of His Majesty's Name and Authority for obstructing the Scots Company in the prosecution of their Trade with the Inhabitants of Hamburgh . Nor ought it to give offence unto any , tho' it may possibly alarm a great number of judicious and thinking People , to have it represented and publish'd , that all the opposition made and given by His Majesty's said Envoy and Resident to the Scots , transacting with the Hamburghers , was previous and antecedent unto any knowledge they had receiv'd , or could possibly attain unto , of the Place , Territory , or Country , where the Scots had design'd to Land , and to endeavour the establishment of a Colony . For as none of the very Directors of the Company had , until a long time after , come to any fix'd Resolution where they should attempt the beginning and carrying on a Plantation ; so posteriorly to its having been agreed upon and concerted by those few of them , to whom the determination thereof was referr'd by the rest , it was so secretly conceal'd and kept faithfully undiscover'd , that neither His Majesty , nor any of his Ministers , were in the least made acquainted with it . And consequently that the foresaid Envoy and Resident , being altogether ignorant in what part of the World , the Company intended to seek and pursue a Foreign Settlement for Trade and Commerce ; and whether it might not be in some Region or Province , that would be both agreeable to the humour of the Spaniards , and subservient to the Interest of England , their interposing so zealously and industriously with the Hamburghers against the Scots , could neither be upon motives of Love and Kindness to the English , or of respect and deference to the King of Spain , but out of meer disaffection to the Kingdom of Scotland , and from an aversion to the welfare and prosperity of that People . So that it may be worth those Gentlemens recollecting , what heretofore befell Archbishop Laud and the Earl of Strafford , for having medled in Scots affairs beyond their Posts , tho' with the Countenance and by the Authority of King Charles I. Who notwithstanding their being Persons of incomparable Talents , as well as of the most elevated Stations and illustrious Characters of any of the Kingdom of England , yet upon the arising of a misunderstanding between that Prince and his English Parliament , and thro' the necessity that the latter stood in of having the favour of the Kingdom of Scotland in the difference that sprung up between them and their Soveraign , were sacrific'd in order to appease and gratifie the Scots , rather than for any treasonable Crimes that they were guilty of . I do foresee that it will be here objected , that for the English to countenance and uphold the Scots in what they have done , will be to enter into a Conspiracy against themselves , and a concurring in what will be highly prejudicial , not only to the Traffick of the English American Plantations , but to the Trade and Commerce of England it self . And that not only by reason of the general Share in Trade which the Scots by reason of that Calidonian Company may speedily grow up unto ; but because of the great Immunities in Freedom from Taxes , Customs , and all manner of Impositions whatsoever , which are granted unto their Company for 21 Years , while the English Traffick is by so many Laws and Statutes clogg'd and over-loaded with them . To which Exception I shall endeavour to give such a full and sufficient Reply in the few following Reflections , that I hope both the frivolousness and indiscretion of it will be made obvious , and render'd apparent to every Man , that hath but judgment and temper enough to weigh things in equal and just Scales . The first thing therefore which I would offer to be consider'd is this , namely , That the hazard of succeeding in the founding and establishing of a New Colony is so great , and the Treasure that must inevitably be expended in order thereunto so large , before any considerable reimbursements can be hoped for , that it is extremely difficult by any propos'd Immunities and Privileges whatsoever , to gain those that have Money , and who know how to make other improvements of it , to be forward , liberal , and zealous of entring into and promoting such a Design . And if we will but cast our Eye beyond Sea , and look at present into Germany , and observe the encouragements propos'd to the Vaudois , and the French Refugees , in case they will settle in such and such places , where they are sure to be protected , and at a season , when they neither know how to be harbour'd , nor to subsist , any where else ; we shall not wonder that His Majesty , and the Parliament of Scotland , thought the granting of all those Privileges and Immunities needful for the prevailing upon the Subjects of that Kingdom , to engage in a design , the Scene whereof lay so remote , and the Difficulties and Charges would be so great and large towards the bringing it to perfection . Yea , doth not every Inheritor and Landlord in England allow large favours and advantages , both to such as will come and cultivate their waste Lands , and to those who will lay out their Money in the building Houses upon their Grounds where there were no Dwellings before ? And ought it then to be complain'd of , that a Nation in order to the extending the Empire and Dominion of their Soveraign , and the contributing thereby to the enriching , in a little time , of all his Kingdoms and Subjects , as well as his own Exchequer , should have Immunities and Privileges granted unto them for a few years , and whereof several were expir'd , before they actually enter'd upon the execution of their Design . Whereunto may be added , that the advantage which will both accrue unto the Government at all times hereafter by an increase of Customs , and an ability acquir'd unto Scotland , of being more liberal in the Taxes , which they shall grant unto His Britannick Majesty , than heretofore their Poverty , notwithstanding their Zeal for His Majesty's Service , would allow them to be ; and likewise the many benefits which will arise to England , in the several particulars whereof I have already given the Detale , and which I shall not here repeat , will abundantly compensate for the Immunities and Privileges which are vouchsafed the Scots Company for 21 Years , whereof Four are already elapsed , wherein they have been at great expences , without any return in way of Principal or Interest . And it being the daily practice of the English themselves , and indeed of all Mankind , to venture upon Designs and to run into Disbursements , where the gains are too often only chimerical , and at most times but merely conjectural , and very seldom are morally certain ; should the People of England then , make it a matter of quarrel with the Scots that they are embark'd in a design without the English coming into any part of the charge of it , from which if it do succeed , it is Mathematically demonstrable , that the English Nation will obtain great Glory , Power and Wealth . Moreover it is demonstrable , that the Benefits which will redound to the English in the Interim , and within that circle of time , will greatly overbalance any damages , or inconveniencies that can be supposed to arise unto them in their Traffick and Commerce , by that short Indulgence granted unto the Scots , of being free from Customs and Impositions in relation to their exports unto , and Imports from their Colony . Seeing besides the Emoluments that will accrue to England , and to their American Plantations , by the opening unto them a vast Trade unto places where they had none , or very little before , and by that Necessity , as well as occasion , which the Scots cannot avoid , of taking more off from them both of their Natural and Artificial productions , than they could formerly use , or know how to dispose of them ; I say besides this , it is provided for , and ordained in the very Act , by which their Company is established , that their Colony shall be a free Port and Market , so that the English may carry thither , whatsoever they judge vendible either to the Scots , or the Natives , for which they are like to be paid in Gold and Silver , and they may also Traffick there , and bring from thence whatsoever is produced within the District , where the Calidonian Colony lies , and in the Territories occupied by the Indians , which are adjoining unto it , all which will greatly Countervail and and Outbalance , the few supposed inconveniencies , that are discoursed by unthinking men , as likely to arise unto England , and their West-India settlements , by the Immunities granted to the Scots , for the short forementioned term of years . Further that as all the Commodities importable by the Company which are not of the growth of that Country , are all excepted from being Custom-free , and are made liable to all legal Impositions ; so nothing of the very productions of that place , can be imported by the Scots into England , but what they stand bound to pay customs for , and are ready in compliance with the Laws of England so to do . Yea the Navigation Acts made in England being still in force , and never like to be repealed , and whereof the conniving at the violation and breach , would be of fatal consequence to the English in their Shiping , no goods can be imported from Darien directly into England save in English Vessels , and thither it is that most of the Dying Wood , as well as of Divers other Commodities , which the Directors of the Plantation can procure on the Isthmus , must be immediately carryed and disposed of . So that from the whole which I have laid down in way of reply to the foregoing objection , it appears to be made without any solid ground , and to proceed from people , that neither have , nor can take a full survey of this affair , nor look round it , rather than from persons of any great penetration , or who are conversant either in the Philosophy , or in the praxis and Mechanism of Trade in the full compass and extent of it . The only thing further that I imagine to be alledgable against the English giving countenance and encouragement to the Scots in their present undertaking , and to hinder their Joyning in the protection and defence of them , is that it may prove prejudicial to the Church of England , thro' the giving way unto , and concurring to promote the settlement of the Presbyterian Form and Model in that part of the World ; the Church of England having found trouble and inconveniencies enough from that Scheme of Ecclesiastical Government in the Scots frame and Edition of it , while it hath been confined within their own Kingdom . This looks so much like Bantering instead of Reasoning , that it may be construed for a reproach put upon the Understandings and good Sence of the greater part of mankind to vouchsafe an answer unto it , especially in a Kingdom , as well as an Age , wherein the Jus divinum of this or that Form of Church Government , obtains a very slender room in most mens Belief . And it were well , if all those who are reckoned to have the best natural and acquired parts , could be brought to agree in the Essentials of Christianity , tho' they continued to differ in Disciplinary points . Yea it is to be feared , that the Dogmaticalness and the Intemperate zeal of some , for things vastly removed from being Fundamentals in our Religion , have rendred too many persons Sceptical in the Material Articles of it . And if we could better bear with one another , and agree to differ in Religious Matters of less Importance , we might thereupon possibly better accord , and more second each others endeavours in the defence of the Apostolical and Athanasian Creeds . But how strangely are the Scots circumstanced and stated , with respect to their Darien Undertaking , when those of the Romish Communion , are alarmed at , and incensed against it , upon the Foot , that it will be an Introducing of the Reformed Religion into those parts of America where it never was ; and at the same time , some Protestants are the less favourable unto it , because it may be attended with the Erection of a Form of Ecclesiastical Government and Discipline there , different from those of the Church of England . Whereas we should be thankful to God , that the Reformed Religion is like to obtain some footing where it never had any . And we ought certainly to acknowledge and reckon , that this will abundantly compensate for the Inconvenience of Presbyteries going along with it . And how much sorry soever I am , that there should be so much of what is properly Popery spread among , and received by the American Indians , within the Spanish Dominions and Provinces in the West-Indies ; yet I cannot but declare my Joy , that the Christian Religion , how much soever Sophisticated and Embased as well as Emasculated , with and by Romish Errors and Superstitions , is nevertheless come to be conveyed unto , and planted among them in any Measure and Degree . Seeing tho' Popery can save no man , yet the Christianity that is in the Papal Religion , ( in that the Church of Rome believeth whatsoever we do believe ) may be a means of saving every man that is upright and sincere , and whose Mistakes , Errors and Superstitions , are not the Effects either of Wilfulness or of Negligence , but of insuperable Ignorance . Which as it doth at the least wonderfully extenuate their Crimes and Guilt before God , and renders them prepared and qualified Subjects for the Divine Compassion , so it should awaken Zeal in such as have love for Souls , and are concerned to have the Kingdom of our Lord JESVS Christ enlarged , both for the rectifying the Judgments of those poor Indians , which have been wofully misled in matters of the Christian Faith and Worship by the Spaniards , and for having the Gospel Preached in the purity and simplicity of it , among those Native Americans who knew Nothing of it . And it is no small disgrace unto Protestant Kingdoms , States and Churches , that while they of the Romish Church have shewed themselves so forward and industrious , and have been at such vast expences , to send and maintain Missioners in those parts , and in Mahometan Countries , for the publishing of the Christian Religion , tho' wofully corrupted by superadded Doctrines and Superstitions of their own ; that none of those stiled Reformed , have concerned themselves therein to any purpose , save where they have Plantations , that will without their Aid , subsist and maintain Preachers , and these also very poorly supplyed and provided with pious and able Ministers . And indeed one would wonder , that after the Laws in England , for giving Liberty to such there , as are Dissenters from the Diocesan Jurisdiction , and from the Rites , Ceremonies and Modes of Worship of the Episcopal Church , it should raise Jealousie , Envy and Pique of and against the Caledonian Colony , upon the motive that the great body of the Planters , and the Governors and Directors of that settlement , will be of the Presbyterian perswasion in those Extraessentials of Christianity . Whereas for my part , were I a Zealot for the English Episcopacy and Liturgy , neither of which in my opinion , ought to give that offence to Wise , Learned and Good men , which some pretending to all those Characters , have conceived against them ; yet I should not be sorry , to see some of the bigotted Scots Presbyterians to transport themselves thither , where I am sure they will do less harm to the Church of England , and may be to Religion it self , than they have done , and still are like to do nearer at hand . Tho' even what they are in the very Neighbourhood able to do , against the Diocesan Government , and the Liturgical Worship , will not without a stock of men of more Learning and discreeter Conduct , than those men the Church of Scotland is at present furnished with , signifie much to the disparaging or supplanting of either , further than as Law and Force do interpose . And against that Vltima Ratio Ecclesiae , as well as Aulae I know no methods that can be lawfully run into , save those of Patience and Humility , under Violence and Severity from them , accompanied with Integrity and Moderation , in the firmly keeping and modestly asserting of Episcopal Principles . Nor are the Scots at Caledonia like to be so bigotted , narrow and peevish with referrence to the extraessentials and circumstantials of Religion , as they have been found in Scotland ; in that the Directors and Overseers of that Plantation , have emitted a Declaration , wherein they grant Liberty of Conscience to all that will come and settle among them . Which as it plainly shews , that the denying of it at home , is not upon the foot of Conscience , seeing on that Foundation they should allow it no where ; but that the refusing it in Scotland , is upon the motive of Domination , and worldly Policie ; so who knows , but that this Precedent of theirs in America , may prove a leading case to their being more indulgent that way in Europe , than hitherto they could be prevailed upon to be . And that being no longer restrained by Principles , which guide and over-rule Conscience from granting Liberty to such as Dissent from them in lesser matters of Religion ; the Interest of the Kingdom may in time oversway the peevishness of their Clergy . For tho' I do readily acknowledge , that no Liberty upon whatsoever pretence of Conscience , is to be granted unto any , whose principles do not only Authorize them to the disturbing and overturning of Civil Governments ; but do make the Blaspheming God , and the ridiculing of all revealed Religion venial , and the living brutishly and sensually Lawful ; yet in matters that are purely Religious , wherein too much rigour and severity have been commonly exerted , I do take it to be our Duty to bear with , and forbear one another in Love and Peace . For I do really believe it to be one of the first Truths dictated to us by Nature , that whereupon a person is to venture his Eternal State , that therein he should be allowed the liberty and freedom of choosing for himself Finally this exception will prove the more vain , as well as surprizing , if it be but observed that the Form of Church Government , and the Modes of Christian Worship , even in some of the English American Plantations , are no less dissonant from , and may be of worse consequence to the Church of England , than what the Scots are supposed resolved to set up , and to be in the Practice of in their Colony at Darien , of which if I mistake not , New England and Pensilvania , are undeniable Instances . In that Independancy , which sufficiently strikes at Episcopacy , and all the Ceremonies of Prelatical worship , obtains as the legal Form of Government , Discipline and Worship in the first , and Quakerism , which is a collection and system of very dangerous errors , both in Doctrin , Worship and Discipline , is the Christianity that prevails , and is countenanced in the latter . Having now fully represented the whole , that I Judge either needful , or convenient to be said , not only for the Justification of the Scots , with respect to their present Undertaking , and the Vindicating them therein , from whatsoever with any shadow of reason can be excepted against it ; but towards the clearing and demonstrating how subservient their being Countenanced , Protected and Assisted in it , will be to the Interest of England , and the Dominions thereunto belonging , as well as to Scotland ; all that doth further remain to be added , ere I put an end to this discourse , is to acquit my self of a promise made in one of the foregoing sheets . Namely that were I inclinable to recriminate , it were easy to fasten some of the worst of those imputations upon the Spaniards , whereof themselves have been so hasty to accuse the Scots . And that as the ways of Force , which they have run into , do not correspond with the Alliances between the Crowns of Great Britain and of Spain ; So that thro' having betaken themselves to those methods , they have altogether acquited and absolv'd his Majesty , from having that amicable and friendly regard to the Memorial presented unto him , in the name and by the Authority of the King of Spain , that had they persevered in the ways of mildness , might have been expected from him . It being unquestionable , that upon their persevering in those measures , his Majesty would have comply'd as far with their desires , as either in Justice he should have found himself obliged , or as his Royal care for the Interest of his Kingdom of Scotland , or the trust reposed in him by that Nation ( for the discharge whereof he is sacredly and solemnly bound by Oath ) would have allowed . Nor can it be a trespass against that profound respect , which is payable to every Crowned head , even by such as are the Subjects of other Princes , to intimate in Terms of Deference and Modesty , that the Spaniards , thro' having betaken themselves to ways of Force and violence against the Scots , and that not only posteriorly , but antecedently , to the presenting the Memorial , they have transformed that into a Jest , if not an Affront , which might otherwise have been interpreted an Act of esteem and kindness for his Britannick Majesty . For whereas the Memorial was not delivered unto the King , until the 3d. of May , 1699 they had above Seven weeks before that , not only detained such of the Scots Prisoners , who by Storm and stress of weather had been cast upon the Coast where they have their Colonies and Fortifications ; but they had likewise Invaded and assaulted the Scots , within their own Territory and District , with an armed and military Power . By which , the Actings of the Spanish Governours in America , are not only wholly incongruous and inconsistent ; and altogether irreconcilable with the proceeding of his Catholick Majesty ' s Ambassadour at London ; but the Crown of Spain is become apparently guilty of the Infraction of the Alliances between his Majesty of Great Britain , and that King : For whereas it is provided by the Third Article of the Treaty 1667 , and by the Fourteenth Article of the Treaty 1670 , That if any Injury shall be done by either of the said Kings , or by the Subjects of either of them , against the Articles of those Alliances , or against common Right , there shall not therefore be given Letters of Reprisal , Marque , or Countermarque , by any of the Confederates , untill such time as Justice is followed in the ordinary course of Law , and unless upon a denial or an unreasonable delaying of Justice . Yet not only while the case is depending , and notwithstanding the assurance given by his Britannick Majesty to the Catholick King. That he will cause examine the Justice or Injustice of this Fact of the Scots , and thereupon act towards the Crown of Spain , according to the measures of Law and Equity , and the tenour of his Alliances ; but even previously to their representation of that matter unto his Majesty , the Spaniards have actually fallen upon the Scots , in the ways above mention'd . And whereas it is Concerted and Stipulated by the Tenth Article of the Treaty 1670 , That if the Ships which do belong to either of these Kings , or the Subjects of either of them , shall by stress of weather , or otherwise , be forced into the Rivers , Bays , Ports , &c. belonging to the other in America , that they shall be received kindly , and treated with all Humanity and Friendship , Yet nevertheless the Spaniards have in direct Violation of that Article , apprehended and kept such of the Scots Prisoners , as were forced a Shoar at Carthagena by the Violence of a Storm . By which as they have plainly made themselves guilty of an Infraction of Alliances between the two Crowns ; so they are become the Aggressors in a War , which neither his Majesty nor his Scots Subjects have given any Just cause for , or provocation unto . And as they have thereby rendred it Lawful for the King to oppose Force against Force , it being received as a Theoreme of what is Just and Right by all Nations , that Iniquitas partis adversae , justa bella ingerit , that the doing of wrong by one Party , gives foundation of a righteous War on their side against whom it is committed ; and that of all Wars they are the Justest , quae ulciscantur injurias , which are undertaken for the avenging of Injuries , so the Spaniards have made his Majesty's entring into War against them ( in case they persevere in that Method ) indispensably necessary , unless he should at once both Sacrifice his own Glory and Honour , and abandon his people for a prey to such as are causelessly their Enemies . The great Duty of every supreme Ruler being to protect his subjects , from receiving of Injuries , or to revenge them when done . And for this end it is , that people becoming united into Societies , chose and elected such and such to be their Soveraigns , that they might as well defend as govern them ; and protect them against wrongs from others , as well as take care for the administring of Justice among themselves . Yea this every King oweth to his People , as they are a part of himself pars Rectoris , as Grotius expresseth it ; He and they making one Political Body , whereof as he is the Head , so they are the Limbs and Members . And that the aggressed may at all times endeavour , not only to defend themselves against , but that they may also Lawfully attack the Aggressor , while he continueth to pursue his Hostility , seems one of the first dictates of the Law of Nature , being a sentiment wherein all Mankind are agred : Yea it is the only remedy and relief left by God , and agreed upon by Nations , for the Obviating , Withstanding and Punishing of those , who upon the motives of Ambition , Covetousness , or of any Lust else whatsoever , do seek to Disturb and Injure others . ( For as Puffendorf says , Vanum fuisset praecepisse ne alter ladatur , si ub de facto is laesus fuerit , damnum ipsi gratis sit devorandum , & qui laesit , fructu suae injuriae secure , & citra refusionem gaudere queat , It were a vain thing to have prohibited the doing wrong by one to another , if he who suffers the Injury , shall be obliged tamely and remidilesly to bear it , and he who commits it , shall without reprisal made upon , and reparation exacted of him , be allowed in Quietness and Safety to enjoy the fruits of his Violence and Rapine . Nor have the most civilized Nations , accounted any provocations whatsoever to be a Juster cause , for their making War , than their having Injuries done to their people . Majores Nostri , says Cicero , saepe Mercatoribus & Naviculariis injuriosius tractatis bella gesserunt , Our Ancestors denounced and commenced Wars , in case their Merchants , or their Mariners , were wrongfully and abusively dealt with , which he repeats again elsewhere , saying , Quot bella Majores nostri susceperunt , quod cives Romani injuria affecti , Navicularii retenti , Mercatores spoliati dicerentur ; how many Wars have our Forefathers undertaken and pursued , because of Roman Citizens being Injured , their Subjects made Prisoners , and their Merchants pillaged . But I hope as well as desire , that the Spaniards will so far bethink and recollect themselves , as not to prosecute a War against those , that have neither wronged them , nor are willing to be their Enemies , and that they will not only forbear all further Hostility , but make Satisfaction for any Injury they have done . Towards the effecting whereof , little more will be demanded , than the releasing of those , whom they illegally and unrighteously detained as Prisoners , when thrown upon their shoar by the Violence of a Storm ; and for the restoring of whom , they may have also such of their own in exchange , who became lawful Prisoners to the Scots ; thro' being taken in actual Hostility , and in the Field of Battle . And that the Spaniards may be brought to calm thoughts , and to a cool temper , it may not be amiss to offer to their consideration , that the stakes for which the Scots and they are about to quarrel , are so far from being equal , that what the Spaniards are ready to hazard , and going to put upon the Dice of War , is vastly beyond what the Scots can be exposed to the Risk of . It being plain that the whole which they are capable of losing is a little spot of ground upon the Isthmus , and a few men ; whereas the Spaniards , are about to venture no less than all their Colonies there , and some of the Richest Provinces which they have in America , together with greater proportions of men , whom they are not so over stocked with , as to chuse to be prodigal in hazarding them . And as the Spaniards ought seriously to ponder , how uncertain the Issue of the War may prove , so they cannot be ignorant , if success should attend the Scots , what they will rightfully thereupon become entitled unto . It being settled as a rule among all Nations , that in such a case , Omnia bona quae Victus habuit victoris fieri , whatsoever was his , or theirs , who are conquered , doth in right become theirs who Conquer them . Et quae ex hostibus capiuntur , statim capientium fiunt , And that all that is taken from Enemies , doth by the Laws of Nations , fall under the legal Property , as well as the possession of those that subdued them and took it . But this being a Subject that I have no call to Meddle with , as being neither framed for the Cabinet , nor the Tent , I shall both decline it , and put an end to this Discourse . FINIS . Notes, typically marginal, from the original text Notes for div A41175-e130 See that set forth by the Earl of Bellamont . June 3. 1699. Notes for div A41175-e4380 Essay upon the probable methods of making a people ●ainers in the balance of Trade . p. 37. Essay upon probable Methods of making a people gainers in the Balance of Trade . p. 77. See the Act for a Company Trading to Africa and the Indies , June 26. 1695. Printed at Edenburgh by Andrew Anderson , and reprinted at London , by John Whitlock . See the Act. See the List of the Adventurers , &c. Printed at Edinb . 1696. See Wafer's new Voyage and description of the Isthmus of America . p. 46. See Camden ' s Elizabeth lib. 2. p. 255. An. Dom. 1565. Vid. Scriptum Cromweli , in qu● R●ipubl . Angliae causa contra Hispanos justa esse demonstratur : Edit . Lond. 1655. Puffend . de Jur. Nat. & . Gent. lib. 4. cap. 7. Grot de . Jur. Bel. & Pac. lib. 2. cap. 2. §. 2. de Offic. 3. De jure Nat. & Gent. lib. 4. cap. 6. §. 8. See Herrera's Hist. of the West-Indies . Dec. Lib. 1. 2. Cap 4. See De las Casas Account of the first Voyages , Engl. Edit . 1699 p. 184. Idem ib. p. 147. prop. 26. See Mariana's hist. of Spain lib 26. cap. 2. and Herrera's hist. of the West Indies dec . 2d . lib. 6. a capite 3. ad cap. 9. Dissertat academ . Select . p. 293. De Jure Bell , & pac . lib. 1. cap. 4. See de las Casas of the Voyages , &c. of the Spaniards to the West-Indies . p. 147. English translation , & alibi passim . &c. See also what Mar. Ginami hath in his Italian translatiof de las Casas Book , particularly in that part called Conquista dell ' Indie . See de las Casas account of the Voyages and Discoveries of the Spaniards in the West-Indies , from p. 136 to 161 of the English Translation . See Herrera dec . 1. li● . 2. c. 9. See De las Casas ubi Supra , thro' the whole Book . See Gage's Survey edi . 1699. p. 160 , 161. and 305. Vid. Puffen . de jur . Nat. ad Gent. lib. 8. c. 6. §. 25 , 26. Vid. Grot. de Jure Bell. & Pac. lib. 3. c. 9. §. 13. Vid. Grot. ubi supra , l. 2. c. 4. See Caesar de Bell. Gall. lib. 5. and Cambden ' s Brit , in Cant. Jos. 12. See Hack's collect . of Voyages , and the Hist. of the Buccaners Vol. 2. De Jure Nat. & Gent. l. 4. c. 4. §. 2. & c. 6. §. 14. De Jure B. & P. l. 2. c. 4. §. 4. His Opinion to the Venetian Inquisitors of State , p. 24 Eng. Edit . Annal. lib. 4. n. 40. See Dalby Thomas ' s Historical account of the West-Indie Colonies p. 17. and 18. Vid. Buch. Hist. lib. 8. See Discourses on the publick Revenues p. 116 , 117. See Gage's new Survey of the West-Indies of the Edition 1699. p. 20. See the Groans of the Plantations . See their Letter of August 2. 1697. Vid. Grot de Jur. Bell. & Pac. lib. 1. cap. 1. & Pufend . de jur . Nat & Gent. lib. 8. ap . 6. Vbi sup . lib. 2 cap. 25. Vbi sup . lib. 3. cap. 1. §. 2. Orat. ad Quirites . Orat. 2. cont . Ver. 2. Vid. Grot. ubi sup . lib. 3. cap. 6. 
A50598	----	A memorial for His Highness the Prince of Orange in relation to the affairs of Scotland together with the address of the Presbyterian-party in that kingdom to his Highness : and some observations on that address / by two persons of quality. Cromarty, George Mackenzie, Earl of, 1630-1714. 1689 Approx. 56 KB of XML-encoded text transcribed from 16 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A50598 Wing M169 ESTC R18197 13410868 ocm 13410868 99416 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50598) Transcribed from: (Early English Books Online ; image set 99416) Images scanned from microfilm: (Early English books, 1641-1700 ; 465:8) A memorial for His Highness the Prince of Orange in relation to the affairs of Scotland together with the address of the Presbyterian-party in that kingdom to his Highness : and some observations on that address / by two persons of quality. Cromarty, George Mackenzie, Earl of, 1630-1714. Mackenzie, George, Sir, 1636-1691. Church of Scotland. General Assembly. Presbyterian address from Scotland to the Prince of Orange. 30 p. Printed for Randal Taylor ..., London : 1689. "By George Mackenzie, viscount Tarbat, and Sir George Mackenzie" --Halkett & Laing (2nd ed.) Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- III, -- King of England, 1650-1702. Scotland -- Church history -- 17th century. 2003-07 TCP Assigned for keying and markup 2003-07 Aptara Keyed and coded from ProQuest page images 2004-01 Judith Siefring Sampled and proofread 2004-01 Judith Siefring Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion A MEMORIAL For His HIGHNESS the Prince of Orange , In Relation to the AFFAIRS OF SCOTLAND : Together with The ADDRESS of the Presbyterian-Party in that Kingdom to His HIGHNESS ; AND Some OBSERVATIONS on that Address . By two Persons of Quality . Psal. xcv . 10. Forty years long have I been grieved with this generation , &c. Licensed . LONDON , Printed for Randal Taylor near Stationers Hall. 1689. A MEMORIAL for His * Highness the Prince of Orange in relation to the Affairs of Scotland . May it please Your Highness , THE Rise of our Animosities , and the reason why they are warmer in Scotland than in England , is , That England reformed by the Royal Authority , and therefore the Government of their Church was suted to the Monarchy ; but Scotland Reforming by force and violence , some of our Reformers coming from Geneva , and the Republicks of Switzerland , tho otherwise good Divines , yet were so far mistaken in their Politicks as to inspire many of their Converts with an aversion to the Monarchy , as well as to Popery ; Buchanan and others wrote Books which were thereafter condemn'd as Treasonable even in King Iames's minority . These Puritans ( as they were then called ) so vex'd the righteous Soul of King Iames the 6th , that he was never at ease or secure till he succeeded to the Crown of England , and then he setled Episcopacy in Scotland ; as most sutable to the Monarchy , and fitted to unite the two Kingdoms : and though it was fully agreed to for many years , yet some factious and ambitious Noblemen being desirous to advance themselves , though by the ruin of their Country ; and some Priest riden and blind Zealots among the Gentry , admiring the Parts and Persons of their Enthusiastick Preachers , were instigated by them to join with the Puritanical Party , and at length to rise in a most unjustifiable War against their lawful Sovereign . During which , the Presbyterians entred in a Covenant , wherein they obliged themselves by solemn Oath to extirpate Prelacy and bring all opposers of their Covenant to condign punishment : and thereafter into a League with England , wherein they obliged themselves to reform England after the Model of the best reformed Churches abroad , for their own ends leaving the Rule thus general . All these Oaths and Leagues being entred into by Subjects without and against , yea and in despite of the Royal Authority , and the evident design of them being to overturn the fundamental constitution of the Church and State in the two Kingdoms , were therefore mostly justly condemn'd as Treason by the Parliaments in both Nations . Notwithstanding whereof , the Covenanters in prosecution of the black designs of these Oaths , raised first the Rabble , and afterwards strong Armies against that most pious and Protestant King Charles I. who out of a religious desire as much as in him lay to preserve their peace and his own , condescended to all that they desired , in a Parliament held by himself at Scotland . But the lust of rebellious Zealots hath no bounds ; for the Faction encouraged with this success , and having obtained now the Government of the Church , they immediately after usurped that of the State , calling by their own pretended Authority rebellious Parliaments , wherein they rescinded all the Royal Prerogatives , murthered thousands of the Kings best subjects , and almost quite ruined all the Antient Families of the Nation who opposed them , preferring and enriching chiefly mean and factious persons who headed the Rabble , robbing more from these Loyal Families in one month , without any pretext of Law , than hath been exacted from them since the Kings Restauration in prosecution of it ; besides the many other barbarities which they committed under pretext of Religion ; as the Poyniarding hundreds of them in cold bloud after Quarter granted , and the hanging them with the Kings Commission about their Necks . At length having robbed the King of all Power to defend himself , they gave him perfidiously up to those who inhumanly murthered him at his own Palace-gate , to the great reproach and scandal of the Reformation ; themselves being all the while after supported by these very Regicides , against the Royalists , whom they called Malignants ; till God restor'd King Charles II. and then offers of Peace and Pardon were made to these Presbyterians , provided , they would but disown the Covenant and their rebellious principles . But they refusing all offers , Episcopacy was restored chiefly for the Monarchies sake : The Faction being enraged at this , proceeded with all fire and fury to preach up Rebellion in their Conventicles . The Parliament in the mean time justly displeased at this insolence and contempt of Authority , and desirous to secure the peace and the people from the Poison of rebellious and false Doctrine , appointed all to come to Church ; whereupon they broke forth in open Rebellions , and some of their Ring leaders being taken in the guilt , and not disowning nor promising to help these faults , were punish'd in order to terrify others ; and this is all the Severity complain'd of . By this your Highness may see : 1. That You being come to support our Laws , You are in honour bound to support Episcopacy , which is confirmed by twenty seven Parliaments . 2. That Episcopacy is necessary for support of the Monarchy , and that the Scottish Presbytery is not opposed by us as an Ecclesiastical Government , but as having incorporated into it many horrid Principles , inconsistent with humane Society , in which the Monarchy is more concerned than we . 3. That what these who were in the Government did , was conform to Law , and that these Laws were made for preservation of the Protestant Religion , Monarchy , humane Society , and Self-defence . And that they value their Church-Government more than the Protestant Religion , is clear by their late compliance with the Papists upon getting an Indulgence ; Whereas the Church of England and we hazarded all rather than comply ; They magnified the dispensing Power , and we opposed it . 4. This appears more clearly by their present Principles , whereby many , as we are informed own , that Subjects have a right to force their King to do them Justice , and that they are his Judges , and may dethrone him ; That the Rebellion against King Charles the First and Second , and in favour of the Duke of Monmouth were just ; and that the Monarchy being returned by Forfeiture to the People , there remains no Prerogative with future Kings who are to have no more power than the People will give them : and because we love the Monarchy , we are decry'd as Slaves ; whereas it had been easier for us to have connived at their Insolencies , and to become Republicans with them . 5. To evidence that they resolve not as yet to be quiet ; They in place of accommodating differences at this time , wherein all Protestants should shew what happy change they hope for from Your Highness coming to restore our Religion and Laws , do threaten Magistrates out of their Government , and Ministers from their Charges , forcing them to swear , after many indignities , that they shall never return to their Imployments , doing thereby all that in them lies to disgrace Your Highnesses designs , and to persuade the Nation that they onely must give Measures , and that none can live peaceably there without complying with all their Inclinations . 6. That their numbers are not near so great as ours , appears convincingly from this : that twenty seven Parliaments have run unanimously against them under four Kings , and that they have still been easily overcome in all their Rebellions : and though now they appear numerous here , yet that proceeds from their being all here , upon design to make themselves appear considerable , that they may be thought necessary ; and to the end , that some of them may recover what was justly taken from them , and may get Employments by procuring the Possessors to be incapacitated . Whereas others , trusting to the Laws , the Interest of the Monarchy and Your Highness's just sense of things , thought no such appearance necessary till the Convention . These Presbyterians have also instigated some Tumults , to fright honest Men , who will not rise in Arms without Authority , yet if there be not Forces sent down under well-principled Officers , they will be forced again to beg leave to raise new Forces in self-defence , without which we can neither live at home nor go to serve Your Highness in the Convention . 7. Many of them pretending that their Presbytery is Iure divino , and that they are bound to it by Oaths ( tho declared Treason ) do own that they can submit to no Laws inconsistent with Presbytery , whereas we are ready to comply with whatever Your Highness and a Parliament shall find convenient for the Monarchy and the good of the Kingdom , being grieved at those Animosities in which they delight . And to demonstrate our Innocence and our readiness to accommodate all matters justly , we desire to be heard before Your Highness or any You shall name . 8. We do in the next place , offer to Your Highness's Consideration , whether in this Age , wherein Episcopacy is acknowledged to have been the best Bulwark against Popery , the English , who so justly love and reverence Episcopacy will unite with Scotland , if subjected to Presbytery ; especially since the Presbyterians , who generally own the Covenant ▪ are sworn to extirpate Episcopacy , having violently and effectually concurred in the last Age , to throw it out of both Nations . Which Oath will certainly bind them to overthrow Episcopacy in England more industriously , when England by the Union becomes a part of their native Countrey . We design not by this to load all of that persuasion , amongst whom we confess many are so moderate as to deserve , that for their sake we should encline heartily to such an Indulgence as may satisfie sober Dissenters , nor would we have troubled your Highness with this Account , if we had not been assured that there was an Address prepared , craving a total extinction of Episcopacy , as contrary to the divine right of Presbytery ; which if it be acknowledg'd , they can be subject to no Law ; and the Covenant , though illegal and irreligious , must be the Rule : Which if yielded , no sober Man can live in security ; and though some things may now be reformed in that Address by advice from London , yet the first draught shews their inclination : And even the extinction of Episcopacy which will certainly be craved , they being sworn to it in their Covenant , obliges us to offer this in defence of our Laws , and to prevent the inconveniences and insolencies which would ensue on so great an Alteration . Lastly , We humbly entreat Your Highness to consider , that in the Church , as it is now established by Law under Episcopacy amongst us , we have no Ceremonies at all , no not so much as any form of Prayer , no Musick but singing in the Churches , the Doctrine and Discipline is the same both in the Church and Conventicle ; and in a word not one Ace of difference between the two , but that in the present Church instead of their Moderators , whom themselves have sometimes confess'd may be Constant , we have Bishops whom the King is pleased to make Lords , allowing the Presbyters a free Vote in their Elections ; and even the Bishops govern only by Presbyteries and Synods , as the World shall have a more particular and full account of hereafter . And now after this we leave Your Highness and the World to judge , what just ground they have for their separation from our Churches Communion : or if the difference betwixt us and the Presbyterians , for such they all own themselves , be indeed such as may justifie their constant clamour , present noise and tumults , their uncharitable Censures and cruel Persecutions of their reformed Brethren ; whether the difference betwixt us be truly such as may warrant their dividing the Church , disturbing the State , and weakning the Reformation , which Your Highness hath so generously and piously ingaged to protect ; and which we shall always heartily pray God to prosper You in . THe Reader is desired to observe first , that the Figures placed in the Address , lead to the Annotations , on that part of it which are marked with the same Figures . Secondly , that the publick Resolutioners and Remonstrators were two conten●ding Parties among the Scots Presbyterians , who as they found favour from the Usurper , or had Power and Interest with the Rabble , mutually excommunicated and persecuted one another . These were called Publick Resolutioners , who adhered to the publick Resolves of the State in favours of the King : and they called Remonstrators , who dissented from these Proceedings of the Publick , by their open Remonstrances against them . The PRESBYTERIAN ADDRESS FROM SCOTLAND TO THE Prince of Orange . May it please your Royal Highness , WHen we ( 1 ) begin to think how the Lord hath blessed your illustrious Progenitors in being the happy Instruments of so much good to his Church , and in standing in the Gap , and appearing for the People of God , his Truth and Interest in Times of the greatest Extremity , when matters seemed desperate in the Eyes of all who could look no higher than the Hand of second Causes , and how the Lord crowned their resolute Endeavours with the Success of planting ( 2 ) a beautiful Church in the United Provinces , and delivering the People of God there from the fury of the Spanish Persecutions . And that your Royal Highness hath succeeded these Worthies of the Lord , as in their Estates and Dignities , so in their Zeal for the Gospel of Christ , sympathy withi his ( 3 ) suffering People , and magnaninous Resolution in appearing in such an astonishing way for the ( 4 ) Kingdom of our Lord Iesus , and for his faithful Servants , while lying in the Mouth of the Lyon , while Refuge failed , and we looked on the Right and Left Hands ( 5 ) and no Man was found till the Lord raised up your Highness , and put it in your Heart to lay down Life and all things of a ( 6 ) corporal Interest at the stake , while ye did act for his Glory , and lamentably oppressed Servants . Ah , we have not Hearts to prize that wonderful Mercy , the greatness of past and present Sufferings , the inexpressible hazard , the irremediless ( as to the hand of Man ) condition we seemed to be in , do heighten the Mercy beyond our apprehension , so that when your Highness first appeared , we were like them that ( 7 ) dream , and our Hearts were filled with matter of Hope and Ioy , yet how are we overwhelmed with fear , considering our ( 8 ) provocations and sinning in the face of Iudgments , and in a day of so much Wrath and Indignation , the combination of so many potent Adversaries , the Perils from Winds and raging Seas , the hazard to your valiant Army , but especially to your Highnesses Royal Person , sent us to the Throne of Grace ( and oh how great had our guiltiness been , if we had lain by ) to ( 9 ) wrestle for the protection of Heaven towards your Highness's Person , Army and Navy . And now that the Lord hath not despised the Prayer of the destitute , and hath made his out-stretched Arm appear in the prudent Conduct and desirable Success of such an Heroick Vndertaking , and that the Lord hath ( 10 ) melted the Hearts of some in making them joyn with your Highness's Forces , hath bound up the Hands of ( 11 ) implacable Adversaries , and hath stopt all ways of escaping , is the doing of our God , and it 's wonderful in our Eyes . And God forbid , that ever we forget such a Mercy , or that we neglect to stir up the People under our Charges to magnifie his Name for so seasonable and so great a Mercy , which upon several accounts may be compared with the delivering of God's People out of Egypt , and out of Babylon , and from Antichristian Darkness by the Reformation , begun by Zuinglius and Luther , if now we get Grace to improve it to the ( 12 ) Honor of his Name . Great Sir , as the Welfare and Happiness of the Kirk hath mainly influenced your Highness's great Vndertaking , so we are confident , that the sad Case of the Kirk of Scotland , occasioned by the overturning of that ( 13 ) beautiful Government , the Presbyterian Government of the Kirk established there , and Mother Churches in France , United Provinces , &c. will by your tender Care , and Providence , now find a sutable Remedy : and that your Highness will commiserate the deplorable State of a Kirk once ( 14 ) famous for its Reformation , Purity , ( 15 ) Piety , Order and Vnity . ( 16 ) And oh how refreshing was it to Christs afflicted ones , to find that your Highness was so nearly concerned , and so deeply touched with our late Sufferings , as to hold forth your Sympathy in your Highness's Gracious Declaration , containing one just Epitome of our sad Tryals , and unparallel'd ( on such account ) Sufferings , which would require a Volume for rehearsing the several particulars , and giving a full History of the merciless Perseiutions we were forced to lie under , since the erection ef Prelacy : yea , the Severity ran to such an heighth , that by the eighth Act of King James the Seventh his Parliament , it was statute and ordained , that all Preachers in Houses or Field Conventicles , and all present at Field-Meetings , should be punished by ( 17 ) Death , and Confiscation of Goods . And tho by the Light of Nature , and Law of Nations , it be the Oppresseds innocent Refuge to supplicate the Iudges or Ruler , yet with our Rulers it was accounted a Crime of the highest Demerit . And his Majesties Commissioner in his first Parliament , after his Return from Exile , sent to the several Provincial Synods , then meeting at the set time , to raise them ; which accordingly they did . So soon as they did move , as all of them were to do , towards a supplication to the Parliament for ratifying the Government of the Kirk , established by King and ( 18 ) solemn Acts of Parliament . And what Tongue can express the Oppression we have met with since that day . And tho it were not pertinent in this our humble Address to trouble your Royal Highness with an account of particulars , yet we have given to ( 19 ) these now sent from us to your Highness , such Information concerning those , as during the short time of our staying together , we could provide , which they are ready to offer to your Highness , when required ; neither could we take upon us to condescend upon any method for remedy of our Grievances , but intirely relying upon your Highness's Zeal for the Glory of God , and good of this Kirk , do in all Humility beseech , and in the Bowels of Christ Iesus intreat your Highness to procure the ( 20 ) Extirpation of Prelacy , and Re-establishment of Presbyterian Government of this Kirk , and of the restoring of the faithful Ministers of Christ to their respective Charges , from which they were so unjustly thrust out . It will not ( 21 ) ( we hope ) seem strange to your Highness's Goodness , tho some of us being on the place about the time the King allowed to Ministers the free Exercise of their Ministry , opened the Prison Doors , and set the Captives at liberty , recalled the Exile , took off the Arrests , and permitted these to return to their homes , ( 22 ) who know not where to hide their Heads , did by their Address thankfully acknowledge the Favour of a little Respite from so much Slavery and intolerable Sufferings , all of them being ready solemnly to protest , that it was far from their thoughts to homologate the Liberty granted to Papists , or the Arbitrary Dispensing Power , to speak nothing of that absolute Power , without reservation , claimed by his Majesty , and ( 23 ) asserted by Parliament and Council . But our confidence of your Highness's perswasion of our Integrity in that matter , makes us forbear any farther Apology . But oh , as the Lord hath followed your pious Endeavours for the delivering of Britain and Ireland from the Persecution they were lying under ( while we could espie no Remedy ) with wonderful Success : So he will be pleased to strengthen your Highness ( 24 ) for going on in his Work , and will make you an happy Instrument for delivering of other Churches groaning under Popish Persecution . Babylon the great must fall . And that this may be the time , and your Highness the Man of Gods Right Hand , whom he hath made strong for being eminently instrumental in such a Glorious Work , that he would more and more sanctifie and ( 25 ) humble you under his bountiful Dispensation , and would guard and preserve your Person , and multiply his choice Blessings spiritual and temporal on your precious Princess , your Royal Consort , shall be the continual Prayer of Serene Highness , Your assiduous Orators at the Throne of Grace , and most Faithful and Humble Servants . Their Letter to the Prince : which they ordered to be sent at the same time with the preceding Address . SIR , IF we might have met for moving in this great Concernment , or had known how to transmit a Testimony of our Congratulation at your Highness's safe Arrival , we had not been so far wanting in Duty , as to have delayed to this time . And if it had been supposed needful to have called a fuller Meeting , we know few or none , except such as are byassed by interest , or ( 26 ) accession to our Persecution , who would not have cordially concurred as in one Gratulation ; so in this our humble Supplication to your Royal Highness , and for evidencing our zeal for your Highness's Happiness and Prosperity , we have appointed a solemn Day of Thanksgiving for your Highness's great and glorious Success to be forthwith observed in all Congregations , and that continual Prayers be poured out to God for your Highness's Royal Consort , as in Families of private Devotion , so in our publick Meetings . Edinburg , 8. Ian. 1689. ANNOTATIONS . YOu are pleased to call the Prince Royal Highness , we do not grudge him the highest Titles ; we know he deserves the greatest that are due to the most worthy Heroes , and we hope , that in due time he shall justly enjoy these that are proper to the most glorious Monarchs ; only we cannot but think it strange , that the Popes and Puritans should be the only Clergy-Men that take upon them , without publick consent , to dispose of Royal Titles . Just so in your late Address to King Iames the Seventh , you are pleased to compare him to some of the great Deliverers of God's People in the Old Testament , altho in your former Books , Sermons and Prayers , you would allow no better Titles to the best of your own Protestant Kings , but that of Ahab , Iehu , or Ieroboam . ( 1 ) When we begin to think , &c. ] The Reader ought not to imagine , that this Address is like their extemporary Prayers , ( wherein if one may judge by their Expressions , they never so much as begin to think . ) No , this is the last Effort of all the Remonstrator-Wit in the Nation revised and refined , and indeed the Smoothness and Harmony of the first Paragraph is an undeniable proof of their thoughtfulness and eloquence . However , I hope the glorious Actions of the Prince , and those of his illustrious Ancestors shall be recorded far otherwise than in the Panegyricks of Enthusiasts . ( 2 ) A Beautiful Church , &c. ] This Expression is remarkable ; for that the Protestant Church in the United Provinces presume not to prescribe to the State , as your Assemblies always did ; sometimes purging the Army , as you did the King's at Dunbar , to the Ruin of it ; sometimes declaring against the publick Acts of the Nation , as you did against the honorable Attempt , made by Duke Hamilton , to relieve the King , when Prisoner at the Isle of Wight . For tho that Army was raised and sent under his Grace for that purpose into England , by the publick Authority of the Nation , yet you were pleased to condemn it as an irreligious Design , and the Battel it self as an unlawful Engagement ; afterwards compelling the best of the Nobility to do open Penance in Sack cloth before your Congregations , for being concerned in it . Moreover , it 's worth your notice , that the Reformed Churches in the United Provinces , which you confess so beautyful , have their Organs , which they use in the Divine Service ; they observe other Holy days besides the Lords Day , and in all their publick Administrations have a grave Liturgy , or set Form of Prayer , wherein they Religiously and constantly use the Lord's Prayer , Creed and Ten Commandments , all which you disclaim as superstitious Fooleries . ( 3 ) His suffering People , &c. ] Tho you made others to suffer more , and with far greater Bitterness and Cruelty ; yet you would have your selves thought the only People in Britain that dare suffer for Conscience sake . You forget , it seems , how in the time of your Covenant your Scaffolds stood up for some Months , imployed in the bloody Execution of many noble and worthy persons , who because of their previous Oaths of Allegiance , and Canonical Obedience , could not in Conscience or Honor submit to your Covenant , the Obligations whereof you thought sufficient to cancel all former Tyes , even those of the Ten Commandments not excepted . ( 4 ) The Kingdom of the Lord Iesus , &c. ] Id est , Presbytery , after the Scotch Model , for that in their Language is the Kingdom of Christ , altho your Ruling Elders and you , governed with such a Rod of Iron , as seems quite opposite to Christ's Scepter . ( 5 ) No Man was found to help us , &c. ] Did not Father Petre , with all vigor , employ his power and interest , at the Court , to procure your Indulgence and Toleration ? If he had not applyed himself to serve your Interest , he had not obeyed the Directions of his Society for distracting the Reformation : then you faithfully served the Whore of Babylon , in supplanting the Church , when her Face was against a more powerful and formidable Enemy . ( 6 ) Of a Corporal Interest , &c. ] A fulsom expression indeed , but that 's not extraordinary for some Men to use , were not Honor and Reputation things of far greater value for a Prince to venture , but you presume to measure his Highness by your own Scantling . ( 7 ) Like them that dream , &c. ] When his Highness knows you better , he will find that you are Dreamers indeed . 'T were good for the People , whose Morals you have debauched , that you dream'd less ; for it cannot be denyed , but that in the multitude of your Dreams there are divers Vanities . ( 8 ) Our Provocations , &c. ] There is certainly nothing could recommend you more to his Highness , than most ingenuously to confess and forsake your habituul Faults , your incurable spight against the Royal Race , your sawciness to King Iames the Sixth , your binding King Charles the First a Sacrifice upon the Altar , your open Rebellions against King Charles the Second . If you will heartily acknowledge these Provocations , and what you have frequently done against the Authority of King and Parliament , and by some publick Deed of yours renounce the Principles that naturally yield such Consequences , then there is no doubt but the Prince of Orange will accept your Repentance . ( 9 ) To wrestle , &c. ] It cannot be denyed indeed , but that your Prayers in the publick are Wrestlings without a Metaphor , but they are levelled most against the Pulpit , and all the struggling is how to press out one sentence after another , and to keep wind in the Bags for two hours together . Just so we were told , after you were warmed with the dispensing Power , that the Queens Big Belly was the effect of the Heat and Pregnancy of these your Wrestlings in Prayer . But the Priests thought 't was the Result of their Devotions at Loretto . And as you ascribe all the courage and conduct of this wonderful action of the Prince to the prevalency of your own Prayers ; so in your Addresses to King Iames , you alledged all the piety and goodness you so much magnified in the late Indulgence , to have proceeded from the same fountain ; altho it be well known that that very Indulgence was first framed at the Conclave , & sent hither from Rome : & Secr. Coleman's Letters , still upon Record , are sufficient to convince the world , that such an Indulgence was all along design'd as the readiest method to destroy the North. Heresie . ( 10 ) Melted the Hearts of some , &c. ] Namely , the Sons of the Church of England , who , as you would charitably represent them , can do nothing in favours of the Protestant Religion , but when they are forced to it by some extraordinary Accidents , or outward Violence . ( 11 ) Implacable Adversaries , &c. ] Compare this with your late Address to King Iames , when you had neither the Courage nor Fidelity to open your Mouths against Popery , altho your selves could not but be convinced , that it was violently breaking in upon us at the Door which was opened mostly by your Divisions . Here you also promise to stir up the People under your Charges ; I know not how they came to be under your Charge , but this the whole Nation too well knows , that the Design of most of your Sermons and Prayers too is to stir them up , as you have done formerly , to Tumults , Calumnies and Assassinations , and whose name I beseech you , do you magnifie in this , unless it be his who was a Lyar and Murderer from the beginning . Here also it 's observable , that in the List ye assign of the first Reformers , ye make no mention of the Learned Calvin ; sure the peaceable Father Knox would not have denyed him the honor of naming him among the Reformers , and at least have given him equal place with either Zuinglius or Luther . But ah his Letters , his unsavoury Letters , these unadvised and unholy Letters to the Limbs of the Beasts , the Bishops of England , our throughly reformed Consciences cannot away with these Letters , wherein like a worldly Courtier , and carnal Politician he compliments and commends these Popishly affected Bishops , and approves of the Constitution of their Superstitious Church , as most agreeable to the Government of the State and Monarchy of England , tho not to the Republick at Geneva . These ye think were carnal and worldly ends , unbecoming the purity of your new Light and Doctrine , therefore the poor old Gentleman Calvin must be no longer mentioned among the Reformers . Another Dash of a through-paced Assembly would certainly exclude Luther too ; for you know he never took the Covenant , and therefore could not be throughly reformed . And besides he seems to smell rankly of the Scarlet Whore , in the Superstitious Forms of Prayer , Ceremonies in Worship , and Holy Days , which he allowed and appointed to be observed in the Church where he was concerned . ( 12 ) Improved to the Honor of his Name , &c. ] You should have added here , and to the Persecution of far better Christians than our selves . ( 13 ) Beautiful Government , &c. ] If the Devils Sacrifices , human Blood aud Slaughter , the trampling upon the State , the Exirpation of all Liturgies , and the everlasting Contentions of publick Resolutioners and Remonstrators could make it beautiful , it cannot be denyed but that it was so in the highest degree . ( 14 ) Once famous for , &c. ] A Church without Prayers , whose Worship is invisible , and as often vaiyed as the several Administrators appear in different places , or are affected with different Passions ; a Church without Canons , without Uniformity , and void of Decency , in this sense your Church was and is still famous . ( 15 ) Purity and Piety , &c. ] In this Catalogue of excellent things that made your Church famous , not one word of Charity ; indeed that 's none of the Ingredients of the Remonstrator-Constitution . He who would see that in its proper Colours , let him strip Christianity naked of all Morality , and in lieu of that , place these Vices which our Saviour reproved in the Pharisees ; Hypocrisie , Pride , Insolence and Singularity . Then add to these a Conversation so ordered , as to apply the Prophetical Language of the Old Testament , frequently and impertinently to every trifling Occurrence , keeping at the same time the greatest distance from what 's recommended in Christ's Sermon on the Mount ; and by this means a Man may have some Idea of the Religion of our Remonstrators . ( 16 ) On how refreshing , &c. ] 'T was very comfortable indeed to you , that you imagined his Highness the Prince had no account of the Regular Clergy , but from these that studied to defame them , and to represent them all , without exception , either as ignorant or wicked persons . But to your great Grief the Prince is not precipitant , he will deliberately enquire into your former ways , and how the Remonstrator-Learning appeared , either in Sermons , as Books against Popery , when it so fiercely assaulted us . May be some will be so just as to tell his Highness , that Learning was never so much your Talent , and that some of the most famous Doctors * our Nation had since the Reformation , Men whose Learning and Conscience were their greatest Crimes , were not allowed a Country Church to preach in , nor so much as the benefit of a private School to teach , when you were last upon the Stage . ( 17 ) Punished by death , &c. ] It would be difficult for you to name one Man put to death for being present at a Field-Conventicle , tho I could name some that you have killed formerly for wearing the King's Livery . † And it would be as impossible for you to justifie your Meetings in the Field with vast numbers of armed Men , when the Laws have declared it treasonable , and when there is not any thing in the Worship of the Church established by Law , that you scruple at , except the Lord's Prayer , the Doxology , and the Reading of the Scriptures before the Minister goes into the Pulpit : neither of which we are ashamed of ; tho you ought to be for separating upon that account . ( 18 ) Solemn Acts of Parliament , &c. ] The King and Parliament having experience of your sawcy Behaviour , and unheard of Cruelties for so many years did in a full and Free Parliament re-establish the Episcopal Government about a year after the Restoration of King Charles ; and it is arrogant , as well as unjust , for you to imagine , that his Highness the Prince will believe you , when you asperse the Memory of his Royal Uncle King Charles , ( whom all Men know to have been merciful and wise to a Miracle ) with such Cruelties as are inconsistent with the Laws of Nature and Nations . Ye ought in Justice to have told the Prince also how many Indulgences he emitted in your favours , and how little you deserved them at his Hands : you should have likewise told him , that Episcopacy never forced it self upon the State by violence , ( as Presbytery did , and still endeavous to do . ) But the King , Nobility and Gentry , wearied with the tyrannical Discipline of your Assemblies , did over and again ratifie that Apostolical Government in Parliament , and cannot therefore now be removed till those many Laws be taken away even by them who are deeply sworn never to endeavour the alteration of the Government in the Church or State. Which Oath was not as your Covenant , pressed upon any without the consent of lawful Authority , nor under any penalties , except the not being intrusted in publick Offices be accounted as such ; and it were very hard not to allow the Government the choice of such as should serve in it . ( 19 ) These sent from us , &c. ] And you are confident his Highness will believe all they say without any farther examination , just as you would have the ignorant Mobile believe , and receive all your Doctrines with an implict Faith. ( 20 ) Extirpation of Prelacy , &c. ] And will nothing less satisfie you , than the total Extirpation of that Government which hath now continued in all the parts of the Christian Church for fifteen hundred years , and was first planted with Christianity it self by the Apostles , whose Doctrines , it seems , you relish not in these Points which are not agreeable to your Covenant . When the Parliament is legally constituted , and the Sense of the whole Nation fully heard , there may be some things in the Constitution of the Church-Government made more perfect , but it is strange , if it can be entirely removed , unless the Civil Government of the Nation be again usurped by a Committee of the general Assembly . It will be considered who they are that demand this Change ? A Set of Men who have renounced the Communion of all the Reformed Churches in Europe , Presbyterian or Episcopal : for the Conform Clergy in Scotland are willing to refer all Debates between them and you to foreign Presbyterians , who cannot be supposed to have any Biass to our side . And tho your Industry and Faction ( in populous Cities on the South Side of Forth ) make you appear numerous ; yet any , who throughly knows the Nation , knows that you are not truly one twentieth part of it . But whatever your strength be , let me intreat you , that when ye beg for new Revolutions , ye would forbear to abuse the sacred Name Jesus , by making it the Prologue to Confusions in his Church ; alas , it hath been too too ordinary to usher in such black Designs with that holy Name . ( 21 ) We hope , &c. ] Now comes in your Apology for your late Address , under the Influences of the Dispensing Power , and then your zeal against Popery appeared in a profound silence ; for you told your People you preached Christ , and that was enough , tho you did not insist on the particular Controversies against Rome . Now and then you darted some waspish Reflections against the Church of England , when she was otherwise employed than to take notice of your whistling Arguments and unjustifiable spight against her , which appeared more visible lately when it was tost in your Divan ; whether or not you should address the Prince of Orange for abolishing Episcopacy over all Britain and Ireland ; but tho you be sworn to that in your Covenant , yet you must wait some further time for it . It is a part of the Ceremony ye use in removing the conformed Clergy of the West , to inquire if they have the Book of Common Prayer of the Church of England , and if they have it , it is wrapped up in the Ministers Gown , and both committed to the flames together , with loud shouts of Joy and Triumph . Witness your late Outrage to Mr. Bell , Minister of Kilmarnock , and even your pretended kindness for the Prince of Orange is known to be much cooled , since you heard of his communicating with the Church of England : nor is it long since you preached that the Church of England was more idolatrous than the Church of Rome ; because they received the Sacrament kneeling , where they believed no Corporal Presence to be . Just so one of these whom you have since appointed a Commissioner from you to the Prince , hearing that his Highness frequented the Prayers of the Church of England , and that he had received the Sacrament from the Hands of a Bishop , was so unadvisedly indiscreet and impertinent , as to say , that he never expected better of a Dutch Conscience . A true Specimen of a Remonstrator's Charity , and signal evidence , that ye value not the best Consciences , when they will not stretch to the full length of your covenanted Standard . I cannot here omit what one Veatch , canting in Mr. Hamilton's Meeting House at Edinburgh lately said , his words were these ; Oh Sirs , wonderful things , and great things , Sirs , very great things have been done here by mean Instruments : ( meaning the Rabble , on whose commendation he had fully enlarged before . ) But alas , Sirs , the half of your work is not done , so long as the Prelates and Curates are to the Fore ( that is in true English so long as they are left alive ) and if the Prince of Orange will not put to his helping hand , and lend God a lift , I will say to him as Modecai did to Hester , Hester iv . 14. Who knows but thou art come to the kingdom for such a time as this ; but if thou wilt altogether hold thy peace , deliverance will come from another place to the Jews , ( a most pertinent Epithet for Remonstrators ) but thou and thy fathers house shall perish . Another of their Preachers about the same time , holding forth to his Auditory , said , Oh Sirs , Sirs , but ye be an hide-bound people , a lucken handed and fast griping people , Sirs , I could gar ( that is cause ) a few Fourteens ( that is Scotch Marks ) drive all the Prelates and Curates out of the Town ; indeed I could easily do it , Sirs . This is a Doctrine very agreeable , I confess , to the Covenant ; but whether it be so to the Gospel of Peace or no , I leave the World to judge . ( 22 ( Who knew not where to hide their Heads , &c. ] Good lack , poor Gentlemen , no where to hide their Heads ! and yet if we may believe what ye confidently affirmed before , the Byass of the whole Nation is for Presbytery ; it seems they were a very merciless , as as well as unconscionable People , who were so much affected to your Cause , and yet would not allow the Professors of it , when persecuted , the least shelter , ( Mendaces oportet esse memores ) but this was your comfort , in these troubles , that many Angels were sent to support you , and if it were not that I am resolved to avoid all personal Reflections , I could name some , who when removed from their places for Nonconformity , had little or nothing ; and yet purchased considerable Estates under the pretended persecution . The Severity of our Laws never appeared against Dissenters for having different Opinions from the established Church ; nor can you instance any one that suffered either Ecclesiastick or Civil Censure , only upon that account , but for High Treason against the State. Some indeed , according to their demerit , suffered death , such as Cameron , one of your Preachers , who emitted a Declaration of War against the King , declaring , that every covenanted Brother was bound to cut off from the face of the Earth his Majesty , and all that had , or did bear Office under him : and Hackstoun of Rathallat , and a Weaver , Murtherers of the late Archbishop of S. Andrews , as also a Fidler , who had murdered his own Wife , when big with Child . These were some of the Martyrs of your new Gospel , whose Heads and Hands you have lately removed from the publick Gates at Edinburgh , and buried with all the Solemnity that the Reforming Rabble , and your Preachers upon their Van , could possibly make . ( 23 ) Asserted by Parliament , &c. ] The absolute power seemingly implied not asserted in some Parliaments , is not to be understood in that unlimited sense , that your Assemblies assumed it to themselves , but as it is restrained and interpreted by the constant tenor of our Laws , the practice of the Nation , and the just and necessary exceptions that all such general words must be supposed to receive from Reason and the Liberties of Mankind . ( 24 ) For going on in his work , &c. ] Let it be a through Reformation , a truly covenanted Work , such as may bring all Malignants , the most Protestant Kings not excepted , to condign punishment , or else you 'll never believe it to be indeed the Work of the Lord. ( 25 ) Humble you , &c. ] He will be sufficiently humbled , if ever you get him under the Yoke of Presbyterian Discipline , and you should take all care to conceal from him the Methods you are wont to use for humbling Princes ; as also the difference betwixt your way , and that of the Presbyterian Churches abroad , either in France , or the Netherlands . ( 26 ) Accession to our Persecution , &c. ] You mean undoubtedly the Conform Clergy , whom , when you have not power to persecute , ye shew your inclinations to it , by calumniating and misrepresenting them . However in the present business , whenever lawful Authority injoyns them , they will be ready to observe a day of Thanksgiving for our Deliverance from Popery and Slavery , with more chearfulness and order than you can pretend to . In the mean while it 's worth the Prince's notice ; how you adventure without the State to appoint publick Solemnities . It may be some will inform his Highdess how your Predecessors appointed a Thanksgiving on that very day wherein the State had injoyned a Fast. And to shew their cross Disposition , a Fast at another time , when King Iames the Sixth had appointed a Feast for the publick entertainment of Foreign Ambassadors in the City of Edinburgh . THis is the Address which in your publick Meeting of the Assembly at Edinburgh you agreed to , and subscribed ; but upon the News of the Prince's having communicated with the English Church , you demurred a little , and the sending of it to his Highness was delayed till ye heard from your Friends at Court , by whose advice your Address perhaps suffered some Alterations before it was sent thither ; but these , as I am credibly informed , were not material , and therefore deserve no notice . However , the industry you used to have some persons of Quality at London subscribe it , was very remarkable ; for , as some of these persons themselves have told me , you would not allow them to read it , till they should first sacredly promise to subscribe it . A Method very agreeable to that which ye used in getting hands to the Covenant , when several young Children were taught to write their Names of purpose to affix them to it ; and School-Boys were brought from dreiving their Tops , to dreive on the Work of the Lord in subscribing the Covenant . Implicit Faith , it seems , is a Doctrine as much in vogue among Scots Presbyterians , as among Papists themselves ; and the Consistory and Conclave do not really differ so much as you would have the World believe . In all this that I have said , I must tell you , that I have no thoughts of Cruelty against Distenters , I indeed pity them , as deluded . And if it were in my power I would not persecute them , but rather , as Brethren , restore them with the Spirit of Meekness . I allow , that so long as they are willing to contain themselves within the just Liberties and Limits of Subjects , they have as good a right to the Royal Protection , as any other Set of Men in the Nation ; but then they should let the World see , that they can allow other Protestants to live too , as having the same natural Right with themselves : and that they are capable of such an Accommodation as the Learned Protestants abroad are not against : and that they do not abhor the Communion and Practices of other Reformed Churches ; and particularly , that they do not think themselves bound by the Covenant , or any other Tye to persecute these of the Church of England . Lastly , it were very just and pertinent in them to declare their resolutions never again by their Sentences , to counteract and condemn the Decrees of the supreme Civil Judicatures of the Nation ; and to satisfie the World in this , it will be fit for them by some publick deed to disclaim and renounce that absolute Supremacy or Papacy which the Kirk hath always claimed over Kings , and Civil Powers . Many publick and known Instances might be assigned , wherein they have challenged and usurped this power ; but Hercules may be known by his Foot , and therefore one instance that 's yet fresh in the memory of many , shall serve for all ; and it 's that of the unnatural as well as undutiful Behaviour of the Kirk to their lawful Sovereign King Charles the Second in the year 1650 , when like a hunted Partridge he fled from the Birds of Prey in England to them for Sanctuary . The easiest Proposals they made to him were no less than these : 1. To subscribe the Covenant , which they knew his Majesty did not , nor could not like , because of the Destruction it had brought upon his Father and Kingdoms , and of the Door it opened for continual Rebellion against himself . 2. To make publick satisfaction to the Kirk , that is open Penance before their Congregations , for his own Sins , and these of his Fathers House , particularly for his and his Families Godless Opposition ( as they called it ) to the Cause of God , the Work of the Covenant . 3. That his Majesty should subscribe , and publish to the World a Declaration , charging himself and his Family with the whole guilt of all the Miseries and Blood ( not excepting that of the Royal Martyr his Father ) which had been occasioned by these unhappy Civil Wars themselves had raised , and carried on for so many years before . Upon these Conditions they promised to make him a most glorious King indeed . But when his Majesty modestly declined the last two , which in Honor and Conscience he could not submit to , immediately out comes that Tundering Bull from the General Assembly against him , THE ACT OF THE WEST KIRK ; it was commonly called so , because the Assembly was held at the West Church of Edinburgh , where both the foresaid Declarations which they would have imposed upon the King , and that Act of the West Kirk are still kept , and to be seen upon Record in the publick Register at that place . A true and exact Copy of which Act , as it was faithfully transcribed from the authentick Original , I shall here for the satisfaction of the Reader subjoyn . West Kirk , the 13th . Day of August , 1650. THe Commission of the General Assembly , considering , that there may be just ground of stumbling , from the King's Majesties refusing to subscribe , and emit the Declaration offered unto him by the Commissioners of the General Assembly , concerning his former Carriage and Resolutions for the future , in reference to the Cause of God , and Enemies and Friends thereof , doth therefore declare , that this Kirk and Kingdom do not own or espouse any malignant Party , Quarrel or Interest , but that they fight meerly upon their former Grounds and Principles , and in Defence of the Cause of God , and of the Kingdom , as they have done these twelve years past ; and therefore as they do disclaim all the Sin and Guilt of the King , and of his House , so they will own him and his Interest no otherways than with a subordination to God , and so far as he owns and prosecutes the Cause of God , and disclaims his and Fathers Opposition to the Work of God , and to the Covenant , and likewise all the Enemies thereof . And that they will with convenient speed take into consideration the Papers sent unto them by Oliver Cromwel , and vindicate themselves from all the Falshoods therein contained , especially in those things wherein the Quarrel betwixt us and that Party is mistated . As if we owned the late Kings Proceedings , and were resolved to prosecute and maintain his present Majesties Interest , before , and without a full acknowledgment of the Sins of his House , and former ways , and Satisfaction to God's People in both Kingdoms . Sic subscribitur A. Ker. The Order for Printing this Act is signed by Tho. Henderson . Accipe nunc Danaum insidias , & crimine ab uno — Disce omnes . Many Papers to this purpose , and more odious , might be published , but my Design is not to expose , but if possible , to reclaim those whom this antimagistratical Party leads by an implicit Faith of the Assemblies Infallibility in all its Oracles ; nor would I have sent this abroad , if our whole Church and Nation had not been first attacqued by them , and that not only in their present outrages against all who are not of their Gang ; but also in most scandalous and scurrilous Libels , in one whereof they have accused the Government in all its Proceedings since the Restoration , to have been worse than the Inquisition ; tho it was malicious , yet it was cunningly done in them to print and publish this among Strangers ; for they knew it could find no credit at home , where the Falshoods of it would have been as easily discovered as the Malice of the Authors is . The publick Proceedings of the Nation against that Party , were indeed no more than self-defence , and therefore may easily , as they will be shortly vindicated , and justified to the World , where all the matters of Fact of that which they call Persecution , and the true Causes of it , will be impartially discovered and laid open , which will be but little to the credit of the Party , or their pretended Martyrs , of whom they have now promised so glorious and full a History ; and I doubt not but the impartial and unprejudiced part of Mankind will abominate and abhor when they hear the former and present Barbarities and bloody Cruelties , which that covenanted Party , under pretence of Reformation , have committed , and do daily at this time inflict , without any respect to Office , Age or Sex , upon all such as differ from them , only in a very inconsiderable Punctilio of Government , and not in the least point ( that themselves can alledge ) either of Doctrine , Discipline or Worship . And I doubt not but his Highness the Prince , by their open Disobedience to his late Proclamation for securing the Peace , and by their opposition to , and contempt of all former Government , will be soon convinced , how impossible it is to make them quiet under any ; and the World will be easily satisfied by but a little inquiry into their Principles and Practices , how inconsistent the Papacy of the Scots Presbytery is with any Form of Government , except that of Popery , which arrogantly presumes ( as they also do ) to punish and persecute all Governors in the State at their pleasure , and manage all secular Interests in ordine ad Spiritualia . Would to God they would but comply with this one advice of the Apostle , Study to be quiet , and do your own Business . FINIS . Notes, typically marginal, from the original text Notes for div A50598-e150 * N. B. These were written some time before the Prince was proclaim'd King of England , &c. * The Learned Doctors at Aberdeen were all deposed and expelled , for disputing against the Legality of some Subjects imposing Oaths upon others , without the consent of lawful Authority . † Two of King Charles the Second's Life-Guard murthered at Swyn Abbie some few years ago , being by some of that Party barbarously shot from the Windows , and killed , as they sate at Supper in their Inn. 
A51201	----	Certaine instrvctions given by the L. Montrose, L. Nappier laerd of Keer and Blackhall with a trve report of the committee for this new treason that they had a three-fold design. Montrose, James Graham, Marquis of, 1612-1650. This text is an enriched version of the TCP digital transcription A51201 of text R22235 in the English Short Title Catalog (Wing M2508). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A51201 Wing M2508 ESTC R22235 12741293 ocm 12741293 93141 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51201) Transcribed from: (Early English Books Online ; image set 93141) Images scanned from microfilm: (Early English books, 1641-1700 ; 253:E160, no 26) Certaine instrvctions given by the L. Montrose, L. Nappier laerd of Keer and Blackhall with a trve report of the committee for this new treason that they had a three-fold design. Montrose, James Graham, Marquis of, 1612-1650. 7 p. [s.n.] London : 1641. Reproduction of original in Thomason Collection, British Library. eng Scotland -- History -- Charles I, 1625-1649 -- Sources. A51201 R22235 (Wing M2508). civilwar no Certaine instructions given by the L. Montrose, L. Nappier, Laerd of Keer and Blackhall. With a true report of the committee for this new tr Montrose, James Graham, Marquis of 1641 1084 6 0 0 0 0 0 55 D The rate of 55 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2003-07 TCP Assigned for keying and markup 2003-07 Apex CoVantage Keyed and coded from ProQuest page images 2003-08 Mona Logarbo Sampled and proofread 2003-08 Mona Logarbo Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion CERTAINE INSTRVCTIONS GIVEN BY THE L. MONTROSE , L. NAPPIER , Laerd of Keer and Blackhall . WITH A TRVE REPORT OF The Committee for this New Treason , that they had a three-fold Designe . LONDON , Printed in the yeare 1641. CERTAINE INSTRVCTIONS GIVEN BY THE L. Montrose , L. Nappier , Laerd of Keer and Blackhall . HOw necessary it is that R. come to the Parliament . To desire that H. be kept up till it be seene who deserves them best . That H. be not bestowed by advice of the Elephant , for feare he crush the L. To assure L. that R. and L. being granted , he will be powerfull to crush the Elephant . Not to let L. drink water , except he promise not to cast it up againe . That is , not to reveale it to the Marquesse . To assure D. and T. that except they take Genero by the hand , they will be trod upon at home and made naked . To assure L. D. that G. will take him by the hand and lead him throughout all difficulties , R. and L. being granted . Instructions from L. Traq to L. Colonel Steward . To counsell L. his hom● comming till they heare from D. or D. heare from thence to advertise C. withall diligence how ... are pleased with the Tablet . And if there be any particulars that they would have the L. more speciall in . That they be not moved with Reports of any Alteration , or any thing derogate from the Tablet , except they heare from D. Tablet Propositions for the King and his Majesties answer . That the word Moderation be explained to Genero annent Traq in a Letter from the Duke . That ... strive to let the Towne Wigton know how carefull T. hath been to get him satisfaction , as my Lord of Roxborough can beare witnesse , and that they may be confident of satisfaction . It is thought most necessary that some ... who will be least suspected come , or if that cannot conveniently be , that the bearer returne with all possible diligence , and howsoever , he come up before . That all meanes be used for trying the Information against the Dromadary , and what further can be found of his carriage , with Athol Magduffe or any other in these parts , wherein Sir Puritan and some of the Redshankes friends can best informe and instruct . To assure Sir Puritan that he will get satisfaction annent the Ward and Marriage he desired , but that now it is a fit time to doe it for him or any other so disposed as he is . To tell Genero , that so soone as Dick comes to the Schoole , who is daily expected , he will by him heare from L. To let ... know how well L. takes their care and in the discreetest way to informe your selfe of their desires , and particularly if Rick ayme upward , that its businesse goes right . To try the summons against T. and to send up a double , that he may compare them with that which he hath gotten , and to assure ... and all others , that he shall cleare himselfe of all these as cleare as day-light . That by all meanes they labour with the plantations , to let them know , the Tablet being filled up , and made good , how much it concernes them to shew themselves affectionate . That the Parliament be constitute of Noblemen , Gentlemen , and Burrows . That Religion be secured by confirming the Acts of the last generall Assembly holden at Edenburgh , and every thing done necessary there , annent which may assure his Majesties . Subjects that there shall be no innovation in Religion in any time hereafter . That the Subjects be governed in all time comming conformed to the Lawes of this Kingdome formerly established , and not otherwayes . This done , his Majesties loyall and faithfull Subjects will maintaine his Majesties honour and person and royall authoritie against all men , and will suffer no innovation or Lawes nor otherwise to be introduced against his Majestie . It is requisite his Majestie keepe up his office of State , and other his Majesties royall favours , to be bestowed upon such as shall best de●erve at Parliament , and elsewhere . And that his Majestie be graciously pleased to be present there in person , for countenancing his own Service , and his loyall and faithfull Subjects . His Majestie agrees to the first propositions , and upon assurance of performance of the fourth , will so dispose of his affaires , as that he shall God willing be at the Parliament in Scotland . And in the meane time will keepe up all places and offices of State , and other markes of his favour , of any great moment undisposed , untill such time as he may bestow them upon parties according to their merit and deserving at the Parliament . A true Report of the Committee for this new Treason , that they had a threefold Designe . FIrst , to seize on the Tower , the Lieutenant to have twenty thousand pound , his sonne to marry with Straffords daughter , with means to live on ; Strafford to be sent into Ireland to send an Army hither , and to goe into France to prepare an Army from thence . Secondly , To possesse the Northerne Armies with an ill opinion of the House , and to make them advance to London . Thirdly , To deliver Portsmouth into Iermines hands , to be a Randevowes for the French Papists . The Bishops to raise two thousand horse . The Committee gave most of the great names in blanckes , and will report them hereafter . The Lord of Newcastle to be Generall of the Northerne Army , and to have met them with the Army at Nottingham . FINIS . Notes, typically marginal, from the original text Notes for div A51201e-160 R. King . H. Office . Duke Traq Montrose . G. Mont. R. religion and L. libertie . Duke Meat . Pap. Keer . Argeil . E ▪ Sefor● Macha● . Sr. Richard Greemes com● to Court . Smoake . 
A51917	----	The speech of Patrick Earl of Marchmont, &c., Lord High Chancellor to the Parliament of Scotland on Tuesday 21 May 1700. Marchmont, Patrick Hume, Earl of, 1641-1724. 1700 Approx. 6 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A51917 Wing M587 ESTC R33499 13419665 ocm 13419665 99497 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51917) Transcribed from: (Early English Books Online ; image set 99497) Images scanned from microfilm: (Early English books, 1641-1700 ; 1552:22) The speech of Patrick Earl of Marchmont, &c., Lord High Chancellor to the Parliament of Scotland on Tuesday 21 May 1700. Marchmont, Patrick Hume, Earl of, 1641-1724. 1 sheet (3 [i.e. 2] p.) Printed by the heirs and successors of Andrew Anderson ..., Edinburgh : 1700. Caption title. Imprint from colophon. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Politics and government -- 1689-1745. Scotland -- History -- 1689-1745. 2002-09 TCP Assigned for keying and markup 2002-10 Apex CoVantage Keyed and coded from ProQuest page images 2002-11 Chris Scherer Sampled and proofread 2002-11 Chris Scherer Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion THE SPEECH OF PATRICK Earl of Marchmont , &c. Lord High Chancellor to the PARLIAMENT OF SCOTLAND , On Tuesday 21. May 1700. My Lords and Gentlemen , OUR Soveraign Lord the KING , who has done so great things for this Nation , as we have good reason ever to rejoyce of , and for which we ought to show our perpetual Gratitude , by a constant Readiness to do His Majesty such Services as will be acceptable to Him ; has so plainly and kindly in His most gracious Letter , expressed his firm Resolution to make it the chief Design of his Reign , to do every thing that may tend to the Advantage and Good of His Subjects , that I need say nothing to perswade you to rest assured of it , and to rely upon it . The Commissioners Grace , whom his constant Fidelity to His Majesty , Zeal for the Good of the Countrey , and His other fit Enduments , have justly Induced the King to imploy in the Great and Important Trust of representing His Majesties Royal Person in this Session of Parliament ; And who is no doubt upon the mentioned Considerations most acceptable to us all : Haveing likeways expressed to you , His Majesties good Resolutions and Intentions ; It seems not necessary for me to add to what you have heard upon that Subject . My part , shall be then earnestly to invite you to the Remembrance and Consideration of the Great and Eminent Danger this Nation was in , as to all its most valuable Interests , when it pleased GOD to put it in the Heart of our KING to appear for our Rescue and Deliverance , likeways of the great Wisdom and Prudence , Conduct and Courage , which have been eminently shown ; The great Labours , Travels and Pains , which have been undergone and taken , the great and many Dangers and Hazards which have been encountered by His Majesty , in the Prosecution of His glorious Undertaking for Rescuing and Establishing our Religion , Liberties and Laws . But above all , to invite you to the Remembrance and Consideration of the wonderful Mercies and Goodness of GOD , who has been pleased to show his favour to this Nation , in raising up for it so great a Deliverer , and in Countenancing and Supporting Him , and giving Him so happy a Success in His Enterprizes ; That these things which seemed to be next to impossible ▪ are brought to pass to the unexpressible Joy and Comfort of all good People in the Nation . An universal Peace did terminat that War wherein most part of the Princes and States in Europe were deeply concerned and engaged , one of the greatest , most Bloody and Expensive that ever Europe had seen , and of a long Continuance , tho' this Nation and its Interests were all at stake in that war ; Yet by the wise Conduct of our King , we felt it not much : We were in Peace at Home , no Eenemy to invade our Houses , none to pluck the Morsel from the Mouths of our Children ; Nay , not so much as to drive our Cattel from their pasture , excepting that short time , when our own unnatural Countreymen , ravaged in , and harased the North of Scotland to the great prejudice indeed of these honest hearted Patriots there , who bravely-showed their Zeal and concern for the Support of the happy Settlement then established . I hope to see the Time , and t at it is not for distant , when the Parliament of Scotland will consider the great Losses and Prejudice sustained by their fellow Subjects ; These worthy Persons who then bore the Burden , and endured the Heat of the Day , and will do it in such a manner , as may convince the Sufferers how willing they would have been , and are , to partake with them in their Losses , as well as they do in their benefites and Advantages . But at this time , it is necessary for us to consider , that tho' we are at peace with Forreign Princes and Powers ; Yet the Enmity of a Multitude , Natives of this Kingdom , living in it , and injoying the Protection of the Government ; Besides these who are Abroad , is not at an end , they are not reconciled , they are still Designing and Hatching Mischief , and waiting Opportunities to put in Execution . We may justly too take notice of the Breach that is beginning among the Protestant Princes of the North , and of the Warlike Preparations which are made both for Land and Sea , by other Neigbouring Princes and States , which may at least lead us to bethink our selves , and to be so far upon our Guard , as to provide for maintaining that Tranquility within the Kingdom , which we now enjoy . The King's Majesty has told you , that he thinks it necessary for that purpose , that the Forces be provided for ; and I am confident that no man who observes well , and considers justly , will differ from his Majesties opinion . My Lords and Gentlemen , I cannot but tell you , that the penetrating Wisdom of our King , has been so manifest in the Course of his Reign , as justly claims a great Deference from you , that the Care he has taken of your most important Interests , and the great Things he has performed for you , do justly claim an intire Trust , and Confidence to be lodged in Him , all the Proof of these which He expects at this time , is what may very well be expected from a Parliament , which all along has evidenced so much good Affection to Him , and Gratitude towards Him ; Let us not change our way , but with honest and generous Minds , Heartily , Readily and Unanimously go in to , and joyn with the Sentiments of our Prince to His Satisfaction and Comfort , when the doing it will so much tend to our own Safety , Peace and Advantage : Now is the time , and if we lay not hold upon the Occasion , we will certainly repent it , and perhaps when it is too late , which I hope GOD in His Goodness shall prevent , by guiding your Hearts and blessing your Endeavours . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the King 's most Excellent Majesty , Anno Dom. 1700. 
A52039	----	A letter from Mr. Marshall and Mr. Nye, appointed assistants to the commissioners of Scotland to their brethren in England, concerning the successe of their affaires there, partly concerning the covenant. Marshall, Stephen, 1594?-1655. This text is an enriched version of the TCP digital transcription A52039 of text R18194 in the English Short Title Catalog (Wing M759). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A52039 Wing M759 ESTC R18194 13410795 ocm 13410795 99413 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A52039) Transcribed from: (Early English Books Online ; image set 99413) Images scanned from microfilm: (Early English books, 1641-1700 ; 466:9) A letter from Mr. Marshall and Mr. Nye, appointed assistants to the commissioners of Scotland to their brethren in England, concerning the successe of their affaires there, partly concerning the covenant. Marshall, Stephen, 1594?-1655. Nye, Philip, 1596?-1672. [2], 4, [1] p. Printed for John Bellamy and Ralph Smith, London : 1643. First edition? One of two editions published. Reproduction of original in Huntington Library. eng England and Wales. -- Parliament. -- House of Commons. Scotland. -- Parliament. Great Britain -- History -- Civil War, 1642-1649 -- Sources. A52039 R18194 (Wing M759). civilwar no A letter from Mr. Marshall, and Mr. Nye, appointed assistants to the commissioners of Scotland: to their brethren in England, concerning the Marshall, Stephen 1643 1115 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2004-10 TCP Assigned for keying and markup 2004-10 Aptara Keyed and coded from ProQuest page images 2004-11 Mona Logarbo Sampled and proofread 2004-11 Mona Logarbo Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion A LETTER FROM Mr. MARSHALL , and Mr. NYE , appointed Assistants to the Commissioners of SCOTLAND : To their Brethren in England , concerning the successe of their affaires there , partly concerning the Covenant . Published by the Order of the House of Commons . LONDON , Printed for John Bellamy and Ralph Smith . 1643. A LETTER FROM Mr. Marshall , and Mr. Nye , appointed Assistants to the Commissioners of SCOTLAND . Reverend Friends , WEE cannot but communicate unto you the good hand of God with us in the Worke we are imployed in , our Commissioners have most indefatigably followed their businesse night and day , having scarcely allowed themselves time to eate or sleepe , and have had to doe with the Convention of States , and Assembly of Divines , ( both which we found happily sitting at the time of comming ) the gravest and wisest that we have seene , and who we thinke are more sensible of our condition than we are our selves , the leading men both of the Convention and Assembly , and ( as farre as we can understand ) even the whole body of the Nation looking upon it as the cause of Christ , and that they cannot but be ruined if we perish ; we are fully and confidently perswaded they are generally resolved to live and die with us in this quarrell against the Popish and Episcopall Faction , and for the Reformation of Religion according to the word ; we know multitudes are prejudiced against them as if we might expect no helpe from them but for their owne ends , but if you dare give any credit to our faithfulnesse and most diligent inquisition and observation ; ( having opportunity of conversing with the holyest of our Brethren their Ministers that are in the Kingdome ) let us prevaile with you to beate downe all such unworthy thoughts and jealousies of them , they are guided by God in this worke , & we are perswaded will bring glory to Christ and requitall of all our former love to them . Some select men have debated with us of the most ready way to stirre up their people to come in readily , and they suggested and made it apparent that the joyning in a Covenant to be subscribed would take them all , and a forme was agreed upon , which when you see , you will easily discerne , hath beene drawne up with that warinesse as to expresse their desires as well as ours , that there might be no bogling at it . And when our Commissioners and the Commissioners of the Convention and Assembly had on Wednesday at night agreed upon the forme , it was the next day brought into the Generall Assembly , where we were present , and eye witnesses of what was done , where as a good introduction to it , the Letter from our Assembly was first read , and entertained with great acceptation , ( the Moderator solemnely professed that it deserved oft to be read amongst them ) & then the businesses of the Covenant was propounded , and the forme read twice over . There were present betweene twenty and thirty of their prime Nobility , we thinke neer a hundred Noble men and Divines spoke to the businesse before it was Voted , no man speaking against it , except the Kings Commissioner , who was answered and dealt with , with that wisedome , freedome , and resolution both by Nobles and Divines as your heart can thinke , though he professed that as a private man he liked it , and said after the Voting he heard a joyfull sound . In fine it was Voted and agreed to be entered into ( for substance , for it was by the Moderator declared it was the substance intended and not expressions or words ) assoone as they heard their Brethren in England agree upon it ; we say their brethen , not limiting it to the Parliament , which possibly may not be fitting . And when you have agreed it ( as we hope you will ) we are perswaded the body of the Kingdome of Scotland will live and die with you , and we doubt not but they will be preparing speedily upon expectation of the Covenants passing amongst you . We scarce ever saw so much of Christ for us as this day in the Assemblies carrying of this businesse , such weeping , such rejoycing , such resolution , such patheticall expressions , as we confesse hath much refreshed our hearts , before extremely sadded with ill newes from our deare Countrey ; And hath put us in good hope that this Nation ( who set about this businesse as becommeth the worke of God and the saving of Kingdomes ) shall be the meanes of lifting up of distressed England and Ireland . We are perswaded that the most dejected and sad heart amongst you would have the same thoughts we are now possessed with , if they were with us ; we thinke twenty thousand of them will come to your helpe rather then faile . And againe we say we hope you will quickly see a good Army with you ; yea , something done before , or as soone as these Letters come at you : continue with all earnestnesse as you were wont in seeking God , and be not discouraged , or suffer your spirits to languish ; surely the arme of the Lord in this assistance extends it selfe towards you , In the Mount the Lord will be seene . Some of these reverend and godly Ministers are comming to our Assembly ; we shall not neede to intreate you to give them the right hand of fellowship , nor will we relate in what a hearty respectfull way we have beene received by them both in publike and private . We forbeare to write any more because this Bearer will acquaint you with our affaires , ( and distribute our respects amongst you ) and his hast alloweth us no more time , but to commit you to the grace of God , and subscribe our selves . From Edenburgh , Aug. 18. 1643. Your most affectionate and deare Brethren , Stephen Marshall . Philip Nye . THe Letters we brought with us from some Brethren , melted the Assembly beyond measure , and have beene of great use , blessed be God . 
A50863	----	The tryal and process of high-treason and doom of forfaulture against Mr. Robert Baillie of Jerviswood traitor by His Majesties special command ... Mackenzie, George, Sir, 1636-1691. 1685 Approx. 118 KB of XML-encoded text transcribed from 16 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A50863 Wing M207 ESTC R19066 12375616 ocm 12375616 60584 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50863) Transcribed from: (Early English Books Online ; image set 60584) Images scanned from microfilm: (Early English books, 1641-1700 ; 817:20) The tryal and process of high-treason and doom of forfaulture against Mr. Robert Baillie of Jerviswood traitor by His Majesties special command ... Mackenzie, George, Sir, 1636-1691. Baillie, Robert, d. 1684. England and Wales. Privy Council. [2], 33-61 p. Printed by the heir of Andrew Anderson ; by Tho. Newcomb, Edinburg : reprinted at London : 1685. Reproduction of original in Huntington Library. Attributed to George Mackenzie. cf. NUC pre-1956. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trials (Treason) -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688. 2005-10 TCP Assigned for keying and markup 2005-11 Apex CoVantage Keyed and coded from ProQuest page images 2006-01 John Latta Sampled and proofread 2006-01 John Latta Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion THE TRYAL AND PROCESS OF High-Treason AND Doom of Forfaulture AGAINST Mr. Robert Baillie of Jerviswood TRAITOR . By His Majesties special Command , As a further proof of the late Fanatical Conspiracy . Edinburg , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , and Reprinted at London , by Tho. Newcomb , 1685. The Tryal and Process of High-Treason , and Doom of Forefaulture against Mr. Robert Baillie of Jerviswood Traitor . CVria Justiciariae S. D. N. Regis tanta in praetorio burgi de Edinburgh vigesimo tertio die mensis Decembris 1684. Per nobilem & Potentem Comitem Georgium Comitem de Linlithgow , Dominum Livingstoun , &c. Justiciarium generalem totius Regni Scotiae , & honorabiles viros , Dominos Jacobum Foulis de Colintoun Justiciariae Clericum , Joannem Lockhart de Castlehill , Davidem Balfour de Forret , Rogerum Hoge de Harcarss , Alexandrum Seaton de Pitmedden , & Patricium Lyon de Carss , Commissionarios Justiciariae dicti . S. D. N. Regis . Curia legitime affirmata . Intran Mr. Robert Baillie of Jerviswood Prisoner INdited and accused , that where notwithstanding by the Common Law of this , and all other well Governed Nations , the Conspiring to overturn the Government of the Monarchy , or of the Established Government of this Kingdom , or the concealing , and not revealing of any Treasonable Design , Project , or Discourse tending thereto ; Or the assisting , aiding , or abaiting such as have any such Designs , does infer the Pains and Punishment of Treason . And by the third Act of the first Parliament of King James the first , The Rebelling openly against the Kings Person : and by the thretty seventh Act of His second Parliament , The Resetting , Maintaining , or doing favours to open , or notour Rebellers against the Kings Majesty , is Declared Treason , and punishable by Forefaulture . And by the hundred fourty and fourth Act of the twelfth Parliament of King James the Sixth , It is Declared Treason to Reset , Supply , or Intercommune with Traitors . And by the first Act of the first Session of His Majesties first Parliament , It is Declared , That it shall be High Treason for the Subjects of this Realm , or any number of them , less or more , upon any ground , or pretexi whatsomever , to rise , or continue in Arms , to make Peace or War , without His Majesties special Approbation . And by the second Act of the second Session of His Majesties said first Parliament , To Plot , Contrive , or intend Death , or Destruction , or to put any Restraint upon His Majesties Royal Person , or to Deprive , Depose , or Suspend Him from the Exercise of His Royal Government , or to levy War , or take up Arms against His Majesty , or any Commissionated by Him , or to intice any Strangers , or others , to Invade any of His Majesties Dominions , or to Write , Print , or speak any thing that may express or declare such their Treasonable Detentions , it declared Treason , and punishable as such . Likeas , by the second Act of His Majesties third Parliament , It is Declared High Treason in any of the Subjects of this Realm , by Writing , Speaking , or any other manner of way to endeavour the alteration , Suspension , or Diversion of the Right of Succession , or debarring the next lawful Successour . Nevertheless , it is o● verity that the said Mr. Robert Baillie of Jerviswood , shaking off all fear of God , respect and regard to His Majesties Authority and Laws ; and having conceived most unjustly , a great and extraordinary malice and harted against His Majesties Person and Government , and having designed most Traiterously to debar His Royal Highness , His Majesties only Brother , from His due Right of Succession , did amongst many other Traiterous Acts , tending to promove that wicked Design , endeavour to get himself Elected one of the Commissioners for Negotiating the settlement of a Colony of this Nation in Carolina , in one or other of the days of the Moneths of January , February , March , April , or May , One thousand six hundred and eighty three years ; and that he might thereby have the sreer and better access to Treat with the Earls of Shaftsbury and Essix , the Lord Russel and others , who had entered into a Conspiracy in England against His Majesties Person and Government , and with Colonel Rumsay , Walcot , West , and Ferguson , and others who had likewise Conspired the Murder of His Majesties Sacred Person , and of the Person of His Royal Highness ; and finding that he could not get himself Elected one of the said Commissioners , he resolved to go to London upon his own expenses , and declared to severals ( whom he took great pains to draw in to be his accomplices ) that his Design was to push foreward the People of England , who did nothing but talk , that they might go on effectually ; and after he had settled a Correspondency here , he did go up to London in one or other of the saids Moneths , with Sir John Cochran and Commissar Monro , and did then , and there , Transact with the saids Conspirators , or one or other of them , to get a sum of Money to the late Earl of Argile , a Declaired Traitor , for bringing home of Men and Arms , for raising a Rebellion against His Majesty , and Invading this his Native Countrey ; and so earnest was he in the said Design , that he did chide those English Conspirators , for not sending the same timcously , and lamented the delayes used in it ; and perswaded the late Earl of Argile and others in his name to accept of any him , rather than not to engage : and amongst the many meetings that he had at London , for carrying on the said Traiterous design , there was one at his own Chamber , where he did meet with the Lord Melvil , Sir John Cochran , and the Cessnocks Elder and Younger , and amongst others , with Mr. William Veatch a declared Traitor , and there he did treat of the carying on of the said Rebellion , and of the money to be furnished by the English for Argyle , for buying of Armes . And that if the Scots would attempt any thing for their own relief , they would get assistance of Horse from England ; and from that meeting , he or ane , or other of them did send down Mr. Robert Martin to prevent any rysing , till it should be seasonable for carying on of their Designs , which Mr. Robert , after he came to Scotland , did treat with Palwart and others , for carying on of the said Rebellion , by securing His Majesties Officers of State , His Castles and Forces , and by putting his Correspondents here , and there Associates , in readiness , to assist the late Earl of Argyle ; and after the said Mr. Baillie had engadged many of his Countrey-men in England , and had assured his Correspondants here , that the English were resolved to seclud his Royal-Highness from his due right of Succession , thereby to encourage them to concur in the said Rebellion , and Exclusion , he flew to that hight , that he did particularly and closly correspond with Mr. Robert Ferguson , Sir Thomas Armstrong , Collonel Rumsay , and Walcot , who were accessory to that horrid part of the Couspiracy , which was designed against the sacred Life of His Majesty , and the Life of His Royal-Highness , and did sit up several nights with them , concerting that bloody Massacer : at least the said Mr. Robert Baillie of Jerviswood was , and is guilty of having correspondence with the late Earl of Argyle , and Mr. William Veatch declared Traitors , and of being art and part of an Conspiracy , for assisting of these who were to rise in arms against His Sacred Majesty , and for exclusion of His Royal Brother , and of concealing and not revealing the accession and proposals of others for that effect . Wherethrow he has committed , and is guilty of the Crymes of High Treason , Rebellion , and others above specified , and is art and part of the famine , which being found by ane Assize , he ought to be punished with Forfaulture of Life , Land and Goods , to the terror of others to commit the like hereafter . HIS Majesties Advocat produced an Act , and Warrand from the Lords of His Majesties most Honourable Privy Council , for pursuing , and insisting against the said Mr. Robert Baillie of Jerviswood , whereof the Tenor follows : Edinburgh , The twenty two day of December , one thousand six hundred and eighty four years . The Lords of his Majesties Privy Council , do hereby give Order and Warrand to His Majesties Advocat , to pursue a Process of Treason and Forfaulture , before the Lords of His Majesties Justiciary , against Mr. Robert Baillie of Jerviswood , to morrow at two a clock in the afternoon preceisly , and the said Lords do hereby Require and Command , Sr. George Lockhart of Carnwath , and Sr. John Lauder Advocats , to concur , and assist in the said Process with His Majesties Advocat , from the intenting until the end thereof , as they will be answerable upon their alledgance . Extract by me , sic subscribitur . Colin Mckenzie , Cls. Sti. Concilij . Pursuers . Sir George Mckenzie of Roshaugh Our Soveraign Lords Advocat Sir George Lockhart Sir John Lauder . Advocats . Procurators in Defence . Sir Patrick Hume . Mr. Walter Pringle . Mr. James Graham . Mr. William Fletcher . Mr. William Baillie . Advocats . THE Pannals Procurators produced ane Act of His Majesties Privy Council , in their favours , whereof the Tenor follows : Edinburgh , the twenty third of December , one thousand six hundred eighty four years , The Lords of His Majesties Privy Council having considered ane Address made to them , by Mr. Robert Baillie of Jerviswood , now indited at the instance of His Majesties Advocat ; before the Lords Commissioners of Justiciary , of Treason , do hereby Require and Command Sir Patrick Hume , Mr. Walter Pringle , Mr. James Graham , Mr. William Fletcher , Mr. James Falcouer , Mr. William Baillie Advocats , to Consult , Compear , and Debate for the Petitioner , in the Process of Treason , mentioned in his Address , without any hazard , as they will be answerable at their peril ; Extract by me , sic subscribitur . William Paterson , Cls. Sti. Concilij . AFter reading of the Inditement ; the Lord Justice General required the Pannal to make answer thereto . The said Mr. Robert Baillie Pannal pleaded not Guilty . MR. Walter Pringle Advocat , as Procurator for the said Mr. Robert Baillie of Jerviswood Pannal , alleadges that he ought not to pass to the knowledge of an Assize ; because he had not got a Citation upon , fyfteen days , or at least on a competent time , which is usual , and absolutely necessar in all Actions , and much more in Criminal Pursuits , especially , seing , if a competent time be not allowed to the Pannal , he is precludit of the benefit of ane exculpation , without which he cannot prove his Objections against Witnesses , or Assyzers , or any other Legal , or competent Defences ; And by the late Act of Parliament concerning the Justice Court , all Pannalls are allowed to raise Precepts of Exculpation , and thereupon to cite Witnesses , for proving the Objections against Witnesses , and Assyzers , which necessarily presupposeth , that a competent time must be allowed to the Pannal to execut his diligence , or otherwise , how is it possible he can prove an Defence of alibi , or any other just Defence : and as this is most consonant to that clear Act of Parliament , and to material Justice , and to the Rules of Humanity , so this point has been already fully and often decided , and lately in the case of one Robertson in July 1673. The Instance whereof , is given by His Majesties Advocat in his Book of Criminals , and Title of Libels , where the Lords found , that albeit Robertson got his Inditement in Prison , yet he behoved to get it upon fifteen dayes . HIS Majesties Advocat oppons the constant Tract of Decisions , whereby it is sound , that a person Incarcerated may be Tryed upon twenty four houres ; and the late Act of Parliament is only in the case where a Summons or Libel is to be Raised ; but here there is no Libel or Summons , but only an Inditement ; nor was any Exculpation sought in this case , before the Tryal , which is the case provided for by the Act of Parliament . THe Lords , Justice-General , Justice-Clerk , and Commissioners of Justiciary , Repell the Defence , in respect the Pannal is a Prisoner , and that it has been the constant Custom of the Court , and that the Pannal made no former application for an Exculpation . SIR Patrick Hume for the Pannal , alleadges ( alwas denying the Libel , and whole Members , and Qualifications thereof ) that in so far as the Libel is founded upon Harbouring , maintaining , and Intercommuning with the persons mentioned in the Dittay , the Pannal ought to be assoylzied , because it is res hactenus judicata , he having been formerly pursued before the Lords of his Majesties Privy Council for the same Crimes , and Fined in an considerable Sum ; and therefore that Crime cannot now be made use of as a ground of Treason against the Pannal . HIS Majesties Advocat answers , That he Restricts his Libel , to the Pannals entering in a Conspiracy , for raising Rebellion , and for procuring Money to be sent to the Late Earl of Argile , for carrying on the said Rebellion ; and for concealing , and not revealing ; neither of which is referred to his Oath ; and consequently was not res judicata , there being nothing referred to his Oath ; but his Converse and Correspondence with some Ministers , and others within the Kingdom , and his own Gardiner , and his Writing Letters to my Lord Argile ; and oppons the Decreet of Council it self , and restricts the Libel to all the Crimes not insisted on in the Decreet . SIr Patrick Hume Replyes , That as to ▪ the Corresponding with the late Earl of Argile , at any time since his Foresaulture , was expreily proponed as an Interrogator to the Pannal in that Pursuit , at His Majesties Advocat's Instance against him , before the Lords of His Majesties Privy Council , and that not only his own Correspondence by himself ; but also by Major Holms , Mr. Carstares , Robert West , Thomas Shepherd , Richard Rumbold , and Collonel Rumsay , as the Interrogator bears , as appears by a double of the Act of Council , written by the Clerk of Councils Servant , and is offered to be proven by my Lord Advocats Oath : And as to any Correspondency with Mr. Veitch ; it is not Relevant , since he was not Declared Rebel . SIr John Lauder for his Majesties Interest , answers , That he oppons the Decreet of Privy Council , where no such Interrogator was put to the Pannal , and the Decreet must make more Faith than any pretended Scroll , and cannot be taken away by His Majesties Advocats Oath , to His Majesties prejudice ; and for Mr. William Veitch , he stands expresly Forefault in anno 1667. and the Doom of Forefaulture , is Ratified in the Parliament 1669. SIR Patrick Hume oppons the Reply , That as to the Corresponding with Mr. Veitch , it does not appear , that he is the person mentioned in the Act of Parliament ; and albeit he were , as he is not , he having thereafter come home to Scotland , all the punishment inflicted upon him was Banishment , not to return under the pain of Death , which did take off any former Punishment ; and it was no Crime in any Person to Intercommune with him , especially in another Kingdom ; and by the late Act of Council in anno 1683. Even the Conversing , and Intercommuning with declared Traitors , is restricted to an Arbitrary punishment . HIs Majesties Advocat oppons the standing Doom of Forefaulture against Veitch , and the Proclamation , or Act of Council it self . THe Lords , Justice-General , Justice-Clerk , and Commissioners of Justiciary , having considered the Libel , pursued by His Majesties Advocat , against Mr. Robert Baille of Jerviswood , with my Lord Advocats Declaration , whereby he Restricts the same to the Crimes not insisted on in the Decreet of Council formerly pronunced against the Pannal : They find the same Relevant as it is restricted , to infer the pain of Treason , and remits the same to the knowledge of the Assize , and Repells the remnant Defences proponed for the Pannal , in respect of the Decreet of Council produced , bearing no such thing as is alleadged , and of the answers made by His Majesties Advocat thereto . Assisa . The Earl of Strathmore . The Earl of Belcarras . Sir George Skeen , Provost of Aberdene . Sir James Fleming , late Provest or Edinburgh . Sir John Ramsay of Whitehill . Adam Hepburn of Humby . Andrew Bruce of Earleshall . John Stuart , Tutor of Alpin . Alexander Miln of Garrin . Mr. Jams Elies of Stenhopsmilus . Sir William Drummond of Halthornden . Major Andrew White , Lieutennent of Edinburgh-Castle . Mr. David Grahame , Sheriff of Wigtoun . Colin Mckenzie , Collector of Ross . David Burnet , Merchant . THe Assise lawfully Sworn , no Objection of the Law in the contrary . HIs Majesties Advocat for Probation adduced the Witnesses and Writs aftermentioned ; and first , Walter Earl of Tarras . SIr Patrick Hume Procurator for the Pannal , objects against the Earl of Tarras , that he cannot be a Witness , because he is socius & particeps criminis ; and it is clear by the 34. Chap. Stat. 2. Rob. 1. Concerning these that are excluded from bearing of Testimony that socij & participes ejusdem criminis , vel incarcerati & vinculati , cannot bear Testimony : As also , the Earl of Tarras being presently under an Inditement of High Treason , and under the Impressions of Fear , and Death , no person in his Circumstances can be admitted a Witness , as is not only clear from the foresaid Statute , but from the Common Law. HIs Majesties Advocat answers , That it is an exception from that Rule , both by the Common Law , and ours , that in the Crime of lese Majestie , and especially , that Branch thereof , which we call a Conspiracy , socius criminis may be a witnes , and which is introduced very reasonably by Lawyers , to secure the common interest of mankind , which is the chief of all Interests ; and because Conspiracies cannot be otherwayes proved , and not to allow this manner of Probation , were to allow Treason , since no man can prove a Plot , but he that is upon it , and how can a man object against him as a Witness , whom himself trusted with his Life , his Fortune , and their common Plot , nor is the intenting of the Lybel any stronger qualification , since every man that is socius criminis , is under the same impression , and it would rather seem the greater and nearer apprehensions a man has of death , he will be the more sincere and faithful ; Nor has the Earl of Tarras , nor did he ever seek any security , in order to his deponing . And this has been constantly , and latlie , conform to the Common Law , as may be seen in the hundreds of Citations set down by Mascard , de probationibus , vol. 4. conclus . 1318. num 21. and the contrary citations prove only , that regularly socius criminis cannot be a Witues . SIr Patrick Hume replyes , that the Statutes of Robert the first is opponed , and non est distinguendum ubi lex non distinguit , and not only was he socius criminis , which is acknowledged , but he is incarceratus , and lying under an Indytment of high Treason , and has thrown himself on the Kings Mercy , and it is not proper he should be a Witness , seeing he is in the Kings Mercy , who may give him his life or not , and there was never a Person in these circumstances , that ever was admitted a Witness . MR. Walter Pringle adds , That the Earl of Tarras , is not only in the case of a person who stands lndyted for High-Treason ; but must be look'd upon , as a person condemned for the said Cryme , seeing he fully , and amply confest the Cryme : & confessas habetur pro convicto , and never any Lawyer asserted , That damnatus criminis loesae Majestatis could be admitted as a Witnes , and there is nothing more clear , then that by the common Law , and the Law of all Nations , this Objection ought to be sustained , for the Civil Law is clear , leg . 11. cod . de testibus and Matheus in his title de probationibus , cap. de testibus , doth assert positivlie , that the Cryme of lese Majestie , Heresie , and generally all these Crymes quae sine sociis non possunt facile admitti , are not excepted . Aud he asserts , that the Lawyers , viz. Gomesius , & Decianus , who are of another Opinion , do acknowledge , nominatum a reo damnandum non esse , and that they contravert only , An nominatio rei fit indicium sufficiens ad torquendum nominatum . SIr George Lockhart Repeats , and oppons the Answer , and the Cryme lybelled , being a Conspiration of Treason , which of it's own nature is manadged , and caryed on by Secrecie and Contrivance ; and which is only known to the Complices of the Treason , and which cannot be commited sine sociis , the Law of this Kingdom , and of all Nations , do allow socios criminis to be testes habites , and not only are they admitted in the case of such Conjurations , but generally in omnibus criminibus exceptis , amongst which the Crime of Perduellion , and lese Majestie is the chief , and it is absolutly impossible , that Plots , and Conspirations of Treason can be otherways proven , then per socios , and such as are participes criminis , and which is the common opinion of all Lawyers , as may appear by Farin . Quest : 45. And the Authorities cited by him , and which is the inviolable practique of this Kingdom : and as to that pretence , that the Earl of Tarras is under a Process of Treason , and has submitted to His Majesties mercy , and that confessus habetur pro convicto , it imports nothing , and infers no more then that he is socius criminis , and is still a habil witnes , as to Conjuration of Treason socius criminis hoc ipso , that it is acknowledged , or proven , being still under the hazard of Process , or condemnation , which Law regards not in regard of the secrecie involved in the nature of the Crime , that either witnesses neque actu neque habitu , can be present , so that the objection amounts to no less then that Conjurations of Treason cannot at all be proven : And as to the Law cited from the Majestie , it imports no more then that the Objection regulariter procedit , in Crimes , which of their own nature are not perdifficilis probationis , and are not inter crimina excepta such as the Cryme of Conspiracy and Treason is . MR. Williom Fletcher Oppons the Objection , and Reply , and further adds , that albeit crimen loesae Majestatis be reckoned inter crimina excepta , and so have some priviledge , as to the qualification of Witnesses , yet it cannot be denyed , but there are some Objections competent against Witness adduced for proving Conspiracies , and Treason , verbi causa , that a Witnes is a Capital Enemy , or that he is sub potestate accusatoris , and the Objection now pleaded , being taken complexlie , viz. That the Earl of Tarras is not only socius criminis , but also , that he is publico judicio reus , upon the same Crime , and that as means to procure His Majesties savour , he has submitted himself , and come in His Majesties mercy , by an acknowledgment of the Cryme , before the Dyet of Citation , he is obnoxious to a most just Objection , viz. That he is sub potestate , and by the submission , and Confession , his Life and Estate is now in His Majesties hands , so that he is not only in the case of a reus confessus , but in the case of a Witnes , who does absolutely depend upon His Majesties Advocate the Pursuer ; and as a private accuser , could not addace his own Servants to be Witnesses , because they are testes domestici , and depend upon him , so far less ought a Witnes to be adduced , who not only depends , as to his Estate , but as to his Life , and the Law gives a very good reason , and which is mentioned by Paulus , lib. 1. receptarum sententiarum , cap. 12. parag . ult . In these words . dese confessus , non est audiendus ut testis , ne alienam salutem in dubium deducat qui de sua desperavit ; and as to the pretence that a Conjuration is a Cryme so occult , that it must either be proven by such Witnesses , or otherways the guilty person will escape . It is answered , that in this case . His Majesties Advocate had an easie remedie , for he might have pursued the Pannal , before he pursued the Witness , and the Terror and Appreheasion of the event of a Process for Treason cannot be constructed otherways , then to have influence upon the Deposition of the Witnes ; and as to the Citation out of Farinacius , it is only in the case of socius criminis , but when he comes to treat de teste accusato vel carcerato . Quest . 56. articulo 4 to . He sayes , Regula sit in accusato quod is pendent● accusatione à testimonio repellitur . and be the 2d . Rule of the same Article , He sayes , it is a principle quod carceratus testimonium ferre prohibetur , and he gives this reason , quia praesumitur , quod salsum testimonium diceret pro aliquo qui ei promiserit se liberare a vinculo , and limits this Rule , that he must be carceratus propter crimen . SIr Patrick Hume adds , that it is a certain principle , that any person that is guilty infamia juris , cannot be a Witness , no more than a person that is Convict , and Condemned of Treason ; and if he were Convict , and Condemned of Treason , he could not be a Witness , even in the case of Treason : so neither can the Earl of Tarras in this case be received a Witness , for he being adduced a Witness after he received his Inditment , and confessed the Crime , is equivalent , as if he had been actuall Convict ; and whatever may be pretended , that testes infames may be admitted ; yet it was never asserted by any Lawyer , that a person Convict of Treason can be admitted a Witness . THe Lords Repelled the Objection against the Earl of Tarras , and ordains him to be received a Witness . WAlter Earl of Tarras , aged fourty years , married , purged , and sworn ; being Interrogat , if about the time that Sir John Cochran , and Commissar Monro got their Commission from the Carolina Company for London , the Pannal Mr. Robert Baillie of Jerviswood did not desire the Deponent to speak to Commissar Monro , to try if he could get him the said Pannal added to that Commission , Depones affirmative . Being Interro●at , if the said Jerviswood , the Pannal , did not tell the Deponent that he was resolved to go to London however upon his own Expenses , and that his and their going about the Carolina Bussiness , was but a pretence , and a blind ; but that the true design was , to push foreward the people of England who could do nothing but talk , to go more effectually about their bussiness , Depones affirmative . Depones that the Pannal did settle a Correspondence with the Deponent whereby he was to give an account to the Deponent of what should pass betwixt the Countrey Party in England , and the Scots men there : and on the other hand , the Deponent was to Write to him what occurred here , Depones that the Pannal did say to the Deponent , if the King would suffer the Parliament of England to sit , and pass the Bill of Seclusion , that that was the only way to secure the Protestant Religion . Depones that the Pannal said to him , that the King might be induced to do so , if the Parliament would take sharp or brisk measures with Him , or the like . Depones these words were spoke to him by the Pannal , since the holding of the last Session of this current Parliament ; and before the Pannal and Commissar Monro went for London . Depons that after the Pannal went to London , he did give the Deponent an account by Letters , that things were in great Disorder there , and that he hoped there would be effectual Courses taken to remeid them . Depones that Mr. Robert Martin did come to Mr. Pringle of Torwoodlies House in May 1683. or thereby , and brought a Letter to the Deponents Lady unsubscribed , but the Deponent knows it was Jerviswoods Hand-writing , who was then at London , and that Mr. Martin told the Deponent , that things in England were in great disorder , and like to come to a hight , and that the Countrey Party were considering on methods for securing the Protestant Religion . And that Archibald , sometime Earl of Argile , was to get ten thousand pounds Sterling , whereas thirty thousand pounds Sterling was sought by the Scotsmen at London , which was to be sent over to Holland to provide Arms ; and that the late Earl of Argile was to Land with these Armes in the West-Highlands of Scotland , and that the Deponents Friend Jerviswood the Pannal , was to be sent over with the Money . Depones that Philiphaugh and he went to Gallowshiels House , where they met with Polwort and Gallowshiels , and that it was talked amongst them there , that in case those in England should rise in Arms , that it was necessary in that Case , that so many as could be got on the Borders should be in readiness to deal with Straglers and seize upon Horses , and that thereafter they should joyn with those that were in Arms on the Borders of England . Depons That in the case foresaid , it was said , it was convenient the Castle of Stirling , Berwick , and some other Strengths should be seiz'd upon ; and it was likewise spoke amongst them , that some persons should be employed to inquire what Arms was in that Countrey . Depons , That it was spoke then , that the best time for Argyle was to land in the West when there was a stur in England , or Scotland , or words to that purpose . Depons , That every one desired another to speak to such particular persons as they could trust , by letting a word fall indirectly upon supposition , in case of the Rising in England concerning the Affair for preparing of them : And that he was told by Philiphaugh thereafter , that there was a Word and Sign to be used amongst them , viz. the sign was by loosing a Button on the Breast , and that the Word was Harmony . Depons , the Pannal spoke to the Deponent to advertise Torwoodlie , that he might acquaint Mr. William Veitch a forfault Traitor , who was in Northumberland , that he might keep himself close , and be on his guard , lest he should be catch'd ; which was since the Pannal was Prisoner in the Tolbooth of Edinburgh . And this is the truth , as he shall answer to God. Sic subscribitur , Tarras , Linlithgow . I. P. D. ALexander Monro of Bear-crofts , Aged fourty five Years , or thereby ; solutus , solemnly sworn and purg'd . Depons , that the Earl of Tarras proposed to the Deponent , that Jerviswood might be made one of the Commissioners for the Affair of Carolina , for that he could not safely stay at Home ; and that the Deponents answer was that he had no interest in the Affair , and so could not be a Commissioner . Depons , that the Pannal did wait for the Deponent at Wooller , and did go alongst with him to London , and that by the way he heard him regrate his own hazard and others , because of Blackwoods Sentence ; and that he heard him regrate the hazard our Laws , and Liberties , and the Protestant Religion were in . Depons , that the Pannal spoke to the Deponent and others , more then once at London for getting of Money from the English to be sent to the late Earl of Argile , for bringing home Arms for the said Earls use , as he understood , for carrying on an Insurrection , and Rebellion in Scotland . Depons , that at the time libelled , in Jerviswoods Chamber in London , Mr. William Veitch a forfault Traitor was present ; and that Sir John Cochran did at that Meeting expressly speak of Money to be sent to Argile for bringing home Arms for invading the Kingdom of Scotland ; And that at another occasion he heard some of them say , that there would be twenty Thousand Men in Scotland who would assist the Rebellion , and that he heard Sir John Cochran and Jerviswood speaking of it , but cannot be positive which of the two said it . Depons , that at the Meeting he heard Jerviswood speak , but did not hear him oppose that Treasonable Proposal , or contradict the Overture proposed by Sir John Cochran . Depons , that Mr. Robert Martin was sent down from that Meeting which was at Jerviswoods Chamber , to Scotland , to try what the People of Scotland would do for their own safety : And that it was understood that the people of Scotland should not rise till there should be a rising in England , and that the Commission was granted to Mr. Robert Martin by all the persons present , whereof Jerviswood was one , and that there were present the Lord Melvill , Sir John Cochran , Cessnocks elder and younger , Mr. William Carstares , Mr. William Veitch , Jerviswood , and the Deponent ; and depons they did contribute Money for Mr. Martius Journey . Depons , that at his return he meeting with the Deponent , told him , that Matters were in that condition in Scotland , and that the Countrey was in such a condition as little would kindle the Fire in order to the Rebellion . And this is the truth , as he shall answer to God. Sic subscribitur , Alexander Monro , Linlithgow , I. P. D. JAmes Murray of Philiphaugh , aged 30. Years , married , purged and sworn , produces sour Leaves of Depositions , emitted by him before the Lords of the Secret Committie , and all Written and Subscribed with his own hand , which being publickly read , in presence of the Justices , and Assize , he adheres thereto , in all points , whereof the Tenot follows . Upon the day of May , 1683. Upon a letter from Mr. Pringle of Torwoodlie , I came to his house in the morning , and he presently led me to a Chamber , where I found Mr Robert Martin , who was lately come from London , with whom we stayed a little , and discoursed of the news , and about the present condition , and temper of England , and in particular of London , which Mr. Martin said , was much irritated through some attemps upon their Priviledges , either as to the concern of the Sheriffs , or their Charter , but that all honest men were of good heart and very brisk , and after some general discourses to this purpose , Torwoodlie , and I left him , and walked out a little , and he told me , he was expecting the E. of Tarras presently , for he had sent to him ; and Mr. Martin had a Letter to him from Jerviswood , then he told me that there were great matters in agitation at London , and that Mr. Martin had come down with a Commission from our friends there , ( I do not remember he named any ) but that I behoved not to expect , he would impart his Instructions to me , for he was to communicat them only to Polwart and himself , ( at least for these Shyres ) and they were to pitch on such as they thought fit to intrust with the affair , whereupon he assured me , that he had great confidence in me , and his kindness to me oblidged him to send for me , to acquaint me that matters were now come to a crisis , and that he had reason to think England would shortly draw to Arme , and stand by them , till they were satisfied anent the Bill of Exclusion , and what other security they could propose for the Protestant Religion , and their Liberties , and that it was no project of any inconsiderable party but a design through the Kingdom , and that many of the finest men , and of the greatest interest and credit there , had adjusted almost every thing necessar for the purpose , and had concerted matters with our Friends there , in order to concurrence from this , and had agreed to advance Money for furnishing Arms here , ( I do not remember he told me more particulars at this time ) but said , Polwart would be at Gallow-shiels that night , and it would be necessar that the E. of Tarras and I should confer with him fully , on the business , about this time the E. of Tarras lighted , and Torwoodlie having left us for a little time , being gone to bring Mr. Martin , the E. of Tarras asked me , what news , I told him of Mr. Martins being there , but that he had given me no account of the design of his down-coming , which perhaps he would acquaint him with , but by what I had heard from Torwoodlie , I understood it to be , to engadge us to rise in Arms shortly , whereat the E. of Tarras hummed , and said , he would look ere he leapt , such a leap , or some such expressions , presently Mr. Martin came , and the E. of Tarras and he retired a little , after the reading An Letter , he gave him , the Contents whereof was ( as the E. of Tarras informed me ) only an order from Jerviswood , to deliver some Money to the bearer , which he had left with him , and the E. of Tarras called for his Servant , and bad him bring up the Money ; in the mean time , Torwoodlie asked me , if I had acquainted the E. of Tarras with what he spoke to me , and I told him , I had let something of it fall to him , but it was not to be thought , that persons of sense and quality would engadge in such designs at random ; so Torwoodlie said , that ( though Mr. Martin would not commune with us upon his Commission directly ) yet he thought it would be fit , we conferred , and without taking notice of his Commission , discoursed of things upon suppositions , and as our own privat notions , abstract from any prospect of a present design , so after dinner , we four went to a Chamber , and after some general discourses , of the discontents of both Kingdoms , these suppositions following were discoursed ( and as I remember ) Mr. Martin started them all , or the most part ) viz. What if the countrey party in England should have thoughts of going to Arms ( whereof he knew nothing but only supposed such a thing , for discoursing a little freely , and to know our sentiments , what we thought could be expected here in such a case ) would it not be expedient to have a settled Correspondence betwixt that Party there and here , and might not matters be so adjusted , that both Kingdoms should draw out in one day , and might not as many be expected to undertake in these Shires , and about Edinburgh , as would serve to surprize , and seize our Rulers ( I do not remember any named , but the then Chancellour and Treasurer ) and some to joyn with these on the English borders , to assist them to surprize Berwick , and if for that effect , any Horse , or Dragoons , that should be in the bounds might not be surprized , that their Horse and Arms might be gotten to furnish the Country people , and Stirling Castle ; and if Argile should at the same time Land in the West , and raise that Countrey , would not these Measures contribute much to the advancement and security of the Interest of that Party here , since thereby the Government would be disordered , and such steps would encourage all that had an inclination to the Countrey Party , to draw to them frankly , and fear many of the other side to act against them , and so they might have leasure to joyn from all places ; and might it not be expected , there would be as many in this Kingdom , as would be able to deal with the Forces here , at least divert them from troubling England . This is the sum , as I remember , of what was proposed , and discourst of , though I cannot distinctly say , it was in this method , and expression , nor was all moved at once , but droped now and then , as the Discourse seem'd to give rise to it ; and though I cannot fully Re count all that was spoke on these Heads , and tell distinctly , what this and that man said ; yet I remember these following Answers were giving , and ( as I judged ) acquiesced to by the whole Company ; and they were certainly the E. of Tarras , his sentiments and mine , and every one that spoke , used this or some such Precaution , that if they were concerned , or to give counsel in any such case , ( as they were not , &c. ) 1. As to the settling a Correspondence , it was confest to be very convenient for those of a common Interest ; but the present circumstances of Affairs were such ( as we thought , ) that none could be found here who was fit to mannage it , and would undertake it . 2. As to the trysting at the same time , it could not be done without the devulging the Design to all Ranks of people , which none would undertake , except these already in desperat Circumstances , and they could not have generally much influence . 3. The thing was not at all adviseable for this Kingdom , since if any of Englands own measures miscarried , they would not stur for any such Trust ; and the spring of their motions being always at London , there might happen an interruption near the appointment , whereof these here could have no timous notice , and so might keep Tryst , whereby they would be exposed a prey ; and if they should subsist any time , or prevail ( which was hardly possible ) the multitude that must be imployed , are tainted with such wild and unruly Principles , that if once they got the Sword in their Hands , they would never be brought to Order without a greater force to over-awe them ; neither would any expectation of Argiles Landing , be a just ground for such a Tryst , considering the uncertainty of Sea-Voyages ; and if Argile were to be the Head , undoubtedly many people would conclude that he were to be suspected of private designs , and that restoring him , might lay him aside : As also , that dispair might blind his usual prudence , ●nd prompt him to unsolid , and undigested Methods ; and so it was to be expected , that few of the Gentry ( except such as he had special influence on , or such as were under hard Circumstances ) could embarque with him , 4. As to the surprising Rulers , &c. It was inveigh'd against , as an Action not to be thought of amongst Protestants ( especially when the very design of it was pretended , to secure that Religion , which taught its Professors to abhor and detest such Principles as Popish , yea un-christian ) since it could not be effectuat without Blood-shed of people , secure in Peace , which being by all approven , Divines and Casuists condemned as unlawful , and meer Assassination ; it was not to be doubted , that as such a practice would cast a blot upon the whole Affair , and quite take off any pretence of Defensive Arms , so it would scar many from joyning . These things were reasoned again and again : But I do not remember there was any formal Conclusion made , but the Discourse was let fall ; and Mr. Martin told us , if any of us had a mind for a suit of Armour , he could provide as many as we pleased , from one who had made a great many lately , to honest men at London , of a new fashion , very light , and at an easie Rate ; so Torwoodlie and I gave him our measures , E. of Tarras told he had a suit already ; Then Torwoodlie said to the E. of Tarras and me , we would meet Polwart at Gallowsheils , and desired we might Commun with him , anent what we had been Discoursing , so we hasted away , that if possible , we might both get home that Night , it being Saturnday , and we unfurnished , for staying abroad , and Torwoodlie whispered me just as I was mounting ( as I think ) that he was not clear we should commun before Gallowshiels , for he was sometimes too much Good-fellow , or the like ; so the E. of Tarras and I Rod away together , and upon the way we were both of Opinion , that the Suppositions we had discoursed of , were in effect Propositions , and resolv'd , if they were insisted on by Polwort , as we suspected , we would adhere to the former Answer , and would undertake nothing in these methods ; When we came to Gallowsheils , the Laird was abroad , and Polwort was not come , so we had thoughts to go away , being both damped with what had passed , and inclining to be free of farder medling ; but the Lady would by no means hear of our going till her Husband came , who , she assured us , was about the Doors , and she having sent to call him , he would be in presently ; yet it was so late ere he came , that the E. of Tarras could hardly have day enough to go home with ; so Gallowsheils would not let him go , and he would not stay , unless I stay'd , so we both stayed , and not being resolv'd to Discourse with Gallowsheils on what passed , we we it to the Tavern , on pretence I might call the Baillie , and seek Horses or Lime , and stay'd there till Polwort came ( which seemed unknown to Gallowsheils ) then we returned to Gallowsheils House , and after Supper Polwort whispered the E. of Tarras and me , and enquired if we had seen Mr. Martin ; and we having told him we had , he enquired , if we were free to commun on the Affair before Gallowsheils , we told , as he thought fit , for we could trust him ; Then he whispered Gallonsheils , and ( as I understood afterwards ) asked if he was free to commune on matters of great Secrecy and importance with that Company , to which he assented , then we sat down closs together , and as I remember , Polwort began the Discourse : But since I am not able to follow exactly the method of our Conference , or keep the very expressions used , or repeat all that was spoke , or to tell distinctly what was every mans part of the Discourse ; I shall set down the Heads , and most remarkable Passages thereof , that I remember in some Articles following ; 1. Polwort signified that he was credibly informed ( but I do not remember he named his Informer ) that the Countrey party in England would draw to the Fields shortly , as he heard before Lambass , wherewith Gallowsheils seem'd visibly surprized ; and being asked , if his Heart fail'd him already , he said he did love it better truly to be walking in his own Parks in Peace , and quiet , than to be medling in such matters ; however he assured the Company , that if there came anytroublesome world , he would joyn with them firmly ; and the E. of Tarras said , he wondred to hear of any such Resolution in England , for he took it for a Principle amongst that Party there , that they should make no stir in the Kings Life ( which the whole Company owned to be their Opinion and desire ) because that might strengthen the Dukes interest ; and he suspected it was the project of the Common-wealths men , with whom he believed , few Scots Gentlemen would joyn ; and he was almost perswaded the D. of Monmouth would not concur in any rising during the Kings Life , To which it was answered by Polwort , that he had indeed heard that principle had been generally agreed to , but it seem'd they found , they behoved either to do their business now , or lay aside hopes of doing it hereafter , which might be , that if the Charter of London were let fall , they would not only lose all safe opportunity of digesting Matters ; but a great part of their strength , and he heard all things were concerted mutually , betwixt Monmouths Friends and the Heads of the Commonwealth Party ; and tho he heard Monmouth was shy on that account , yet it was hop'd he would engage , for otherways he would be deserted by that Party . 2. Polwort told us the suppositions above-written as overtures concerted betwixt our friends at London , and the principal men of that Party there ; so the E of Tarras and I renewed our former answers also above-written , and maintained them with all our vigour , wherein Gallowsheils joyned forwardly with us ; and Polwort asserted , we went on very good grounds , and he was fully of our opinion , if things were entire but referr'd it to be considered , whether it were better to comply with some of these methods , tho not so proper and justifiable as were to be wish'd , then to disappoint the business totally , which might be of the best consequence to all the Party , yet we did not condescend as I remember to undertake any of these methods . And there was a further argument adduced against the trysting above-written , viz. That it was talked there was a day appointed in England latly in Shafisberry's time , which did not hold , so they were not to be relyed upon . 3. It was proposed to be considered what methods were most proper in the Companies opinon for Scotland to follow in case of Englands rising , whereanent it was said , that all that could be expected or desired from Scotland , was , that upon the certain News of Englands being in the Fields , those in the Southern Shires who would own that Party , should presently rise , and ( how soon they could get as many conven'd as would be able to deal with stragling Parties , or any sudden rising in the Countrey ) march to joyn them , and that it would be fit these in the Northern Shires of England waited near the Borders for such , and that they had Officers trysted there to command , and that then it would be seasonable for Argile to land in the West , and these Parties on the Borders might divert the Forces till he had time to put himself in a posture . These things seem'd to be the sentiments of the whole Company , but were not finally determined till the opinion of others who were to be communed with by Polwort were known : And it was represented , there behoved not to be any wilful and obstinate adhering to our own thoughts of things , ( but an mutual condescendance to others concerned , ) otherwise it were not possible to bring a publick Design to any good issue . 4. All the Company seem'd to agree , that they should undertake nothing or move in that Affair , till they had a full and certain account what England proposed , what methods they resolved to follow there , who were to be their Heads , and that if they design'd any attempt on the Kings Person , or overturning Monarchy , they would not be forward or clear to joyn : And it being here insinuated , that the most they could do ( at least for which there could be any plausible pretence to justifie ) was to draw together , and without any act of Hostility , send Addresses to His Majesty for redress of the present abuses of the Government , and for obtaining sufficient security against the hazard they apprehended to their Religion and Liberties . It was said by Polwort that he was apt to think , that was their very design , for he had heard it was generally believed by that Party in England , that if once they were in a Body , the King would be prevailed with to quite the Duke , to be tryed for Popery , correspondence with France , and accession to the Popish Plot , and then if the King were once free from the influence of the Dukes Counsels , they were confident he might be moved to reform their Abuses , and secure their Religion and Liberties for the future to their contentment . 5. It was resolved , that till we got the foresaid account from England . and were satisfied thereanent , and knew others here ( who were to be communed with ) their Sentiements of what methods were most proper for us , in case we should undertake , we should not meddle further ; only it was left to the Earl of Tarras and me , if we thought fit to acquaint Sir William Scot younger with some of the matter of this Conference overly , without taking notice of our Informers , or such an Conference ; and it was recommended to all to be enquiring ( at such as they had some trust in ) indirectly about the affection of our Neigbours , and what Arms there was amongst them ; that if we should get an satisfying account , and resolve to joyn , we might know where to seek Men and Arms suddenly : here it was said by Polwort , as I think , that if the E. of Tarras , Torwoodlie , Gallowsheils , and I once took Horse , he thought the most part of the West end of Tiviotdale and Selkirk Shire would soon come to us , especially , when they heard England was risen , then we trysted to meet there against Midsummer Fair , betwixt and which the forsaid account was expected , but in case it came to any of our hands sooner , we promised to advertise the rest , that we might meet , presently , if the case required ; this is the substance and sum of what passed at the forsaid conference , that I can now remember ; but I remember , I was likewise told these following particulars in privat , by Polwart , or Torwoodlie , ( which of them , I cannot distinctly tell ) the day of the forsaid conference , or within a short time after . 1. That Polwart keeped the correspondence with our friends at London , I remember not positively of any of them that was named , to be on the entrigue there , except my Lord Melvil , Sir John Cochran , Jerviswood , and Commissar Monro ( for I hardly knew any of the rest ) and as I think , Commissar Monro was call'd his correspondent there . 2. That the Money to be advanced by the English partie to Scotland was ready , when Mr. Martin came from London , and it was expected , that within few days after , it would be dispatched with some confident to Holland , ( whither by Bills , or in Cash , I cannot say ) it was call'd ten thousand pound Sterlin , and was to be imployed ( as I was told ) by that confident , at Argyles sight , for buying Arms , providing Ships to transport them with Argyle , to the West here , and such other Charges . 3. That how soon our friends at London got notice of the safe arrival , of the confident forsaid , and all other things were finally concluded there ( which was expected would be about the middle of June , as I remember ) they would come home , and as they passed , would give them , or one of them , an particular account of all resolutions taken to be communicat to the rest , that it was not to be expected by Letters , that behoved to be under figures , and dark expressions , and as I remember , they were , written as it were about the Carolina business , or some houshold Furniture , as I was told , for I never remember I saw any Letter , either direct to London , or sent from it on that head . 4. I was told there was a Sign , and a Word agreed on by that Party , so that men might know with whom they might use freedom , the Word , as I remember was Harmony , and the Sign , the opening two Buttons in the breast coat and shutting them presently ; this I communicat to the Earl of Tarras , but does not mind I ever saw it used , except when I visited Park-Hay here in Town , about the end of June ; we discoursing a little freely , he asked if I had the Word and Sign of the Carolina men , and I having given them , he said something to this purpose , that he was afraid that the Carolina business did not go well , for there had been some of the Managers expected here ( as I think he named Jerviswood or Commissar Monro ) these eight days past , but there was none come , nor could he learn that any of their Friends had heard from them for several Posts . Polwart , Torwoodlie , and I met at Gallowsheils , on Midsummer Fair , but I mind nothing passed but private whisperings . Dated September 15. 1684. and subscrived thus , James Murray . Edinburgh , December 23. 1684. THe Deposition above-written being read to the said James Murray of Philiphaugh , in presence of the Justices and Assizers , he adheres thereto in all points upon Oath . Sic subscribitur , James Murray . Linlithgow , I. P. D. THe said James Murray further depons , That at their meeting at Gallowsheils , it was resolved , that they should keep up their Cess unpayed till their next meeting at Midsummer , which was to be at Gallowsheils , and should deal with all these they had influence upon to do the like , and that upon the supposition mentioned in his Oath given in . It was spoke amongst them that the Troupers Horses should be seized upon , when they were grasing . And this is the Truth , as he shall answer to God. Sic subscribitur , James Murray . Linlithgow , I. P. D. HVgh Scot of Gallowsheils , aged 36. Years , married , purged , &c. and sworn . Depons , That the Earl of Tarras and Philiphaugh did come to the Deponents House , in May , 1683. and Polwart came likewise there , where there were Discourses and Proposals , that if the English would rise in Arms , their Friends in the South Shires should rise with them ; and that they should seize the Horses belonging to the Kings Troops where they grased ; and the Town of Berwick , and the Castle of Stirling : And likewise it was there discoursed anent the late Earl of Argiles coming to invade Scotland , but because of the uncertainty of Sea Voyages , there was not much stress laid upon it . Depons , It was also proposed , that some of the South Countrey whom they trusted in should be acquainted with it , and that endeavours should be used to learn what Arms was in the Countrey . Depons , There was some such discourse there , as that the Earl of Tarras , Philiphaugh , Torwoodlie , Polwart , and some others should draw to Horse with the first when the rising should be in readiness , that it might be expected that the South parts of Teviotdale and Selkirk Shire would joyn with them . And this is the truth , as he shall answer to God. Sic subscribitur , Hugh Scot. Linlithgow , I. P. D. HIs Majesties Advocat produc'd other Depositions , emitted by Gallowsheils before the Lords of the Secret Committee , whereof the Tenor follows . Edinburgh , the 14 of September 1684. GAllowsheils Depons , that the E. of Tarras and Philiphaugh , being in his House in May 1683. Discoursed of an intended rising in England , and of Proposals made to Scots men , to rise with them , and of London in particular , and that Polwort was present at that Meeting , and told he was sure the Englishmen intended so , and that it was Discoursed at that Meeting amongst them , that it were fit to seize Berwick and Stirling ; and that it was talked amongst them of bringing the Duke of York to Tryal , and that the King would abandon him . Sic Subscribitur , Hugh Scot. Perth , Cancel . Queensberry George Mckenzie . Jo. Drummond . George Mckenzie . Edinburgh , October 29. 1684. Sederunt . Lord Chancellour . Lord Secretary . Lord President . Lord Advocat . THe Laird of Gallowsheils , Prisoner in the Tolbuith of Edinburgh , being Call'd and Examin'd upon Oath , Depons , that in the Moneth of May 1683. The E. of Tarras , Hume of Polwort Elder , and Laird of Philiphaugh , came to the Deponents House , himself being absent , at his coming home , they were speaking of the Security of the Protestant Religion ; and of a Party in England , who would secure , or seize the King or Duke , and that if any should rise in Arms to Defend them , or to rescue the King and Duke : There was another Party who would rise in Arms against them , it was proposed , that some Countrey men should be spoken to , to try their Resolutions , and that the Resolutions , of England should be told them , to see if they would concur . But the Deponent does not remember that this proposition was approven , or undertaken to be done by any present ; nor does he remember who manag'd the Discourse . It was likewise propos'd , to seize the Officers of State , especially the Chancellour and Thesaurer , and the said , Sir John Cochran was to come to the West from England , for advancement of the Design ; and that the Earl of Argile was to Land in the West Highlands , and to raise that Countrey . Of these matters , all these who were present Discoursed , as of an Affair that they were agitating , and wherein themselves were particularly concerned , though at that time they did not conclude what their carriage should be ; The reason why the Deponent cannot be more particulars is , because he was sometimes going out , and sometimes walking up and down the Room ; and though the Deponent cannot be positive of the very words ; yet he is positive they were either these Words , or Words to that purpose . Sic subscribitur , Hugh Scot. Perth Cancellarius . Edinburgh , December 23. 1684. HVgh Scot of Gallowsheils being solemnly Sworn in presence of the Justices and Assize , adheres to the Depositions within , and above-written in all points , Sic subscribitur . Hugh Scot. Linlithgow , I. P. D. HIs Majesties Advocat in fortification of the former Probation , adduces the Printed Copy of Mr. William Carstares Depositions , emitted before the Officers of State , and other Lords of Privy Council , and leaves the same to the Assise , and uses it as an Adminicle of Probation ; for though it was capitulat , that he should not be made use of as a Witness ; yet it was agreed , that the Deposition should be published : and likewise produces the Principal Deposition signed by himself , and the said Lords . THe Lords , Justice-General , Justice-Clerk , and Commissioners of Justiciary , admit the Paper produced as an Adminicle , and refers the import thereof to the Inquest , and ordains the Printed Paper as it is Collationed , to be taken in , and considered by the Inquest . SIr William Paterson , and Mr. Colin Mckenzie , Clerks of His Majesties Privy Council being Interrogat , if they heard Mr. William Carstares own the Depositions Read , Depons they saw and heard him Swear , and own the same upon Oath , and they Collationed the Printed Copie with the Original formerly , and now they heard it Collationed , Sic subscribitur , Will. Paterson . Colin Mckenzie . THe Deposition of Mr. William Carstares , when he was Examined before the Lords of Secret Committee , given in by him , and renewed upon Oath ; upon the 22. of December 1684. in presence of the Lords of His Majesties Privy Council . Edinburgh Castle , September 8. 1684. MR. William Carstares being Examined upon Oath , conform to the Condescention given in by him , and on the Terms therein-mentioned ; Depons , That about November , or December 1682. James Stuart , Brother to the Laird of Cultness , wrot a Letter to him from Holland , importing , That if any considerable sum of Money could be procur'd from England , that something of importance might be done in Scotland : The which Letter , the Deponent had an inclination to inform Shepherd in Abb-Church-lane , Merchant in London of ; but before he could do it , he wrot to Mr. Stuart above-nam'd to know from him , if he might do it ; and Mr. Stuart having consented , he communicat the said Letter to Mr. Shepherd , who told the Deponent that he would communicat the Contents of it to some persons in England ; but did at that time name no body , as the Deponent thinks : Sometime thereafter , Mr. Shepherd told the Deponent , that he had communicat the Contents of the Letter above-named , to Colonel Sidney , and that Colonel Danvers was present , and told the Deponent , that Colonel Sidney was averse from imploying the late Earl of Argile , or medling with him , judging him a man too much affected to the Royal Family , and inclin'd to the present Church-Government ; yet Mr. Shepherd being put upon it by the Deponent , still urg'd , that one might be sent to the Earl of Argile ; but as Mr. Shepherd told him , he was suspected upon the account of his urging so much ; yet afterwards he press'd , without the Deponents knowledge , that the Deponent being to go to Holland however , might have some Commission to the Earl of Argile , which he having inform'd the Deponent of , the Deponent told him , that he himself would not be concern'd , but if they would ▪ send another , he would introduce him ; but nothing of this was done : upon which the Deponent went over , without any Commission from any body , to Holland , never meeting with James Stuart above-named : He was introduc'd to the Earl of Argile , with whom he had never before conversed , and did there discourse what had past betwixt Mr. Shepherd and him ; and particularly , about remitting of Money to the said Earl from England ; of which the said Mr. Stuart had written to the Deponent , namely of 30000 pounds Sterling ; and of the raising of 1000 Horse and Dragoons ; and the securing the Castle of Edinburgh , as a matter of the greatest importance : The method of doing this was proposed by the Deponent , to be one hour , or thereby , after the relieving of the Guards : But the Earl did not relish this Proposition , as dangerous ; and that the Castles would fall of consequence , after the Work abroad was done . James Stuart was of the Deponents Opinion for seizing the Castle , because it would secure Edinburgh , the Magazines and Arms ; As to the 1000 Horse and Dragoons , my Lord Argile was of Opinion , that without them nothing was to be done ; and that if that number were rais'd in England to the said Earl , he would come into Scotland with them ; and that there being so few Horse and Dragoons to meet them , he judg'd he might get the Country without trouble , having such a standing Body for their Friends to Rendezvous to ; and the said Earl said he could show the Deponent the conventient places for Landing , if he understood ; and as the Deponent remembers , where the Ships could attend . The Deponent remembers not the names of the places . The Deponent spoke to the Lord Stairs ; but cannot be positive that he nam'd the Affair to him , but found him shy : but the Earl of Argile told him , he thought Stairs might be gain'd to them : And that the Earl of Lowdoun being a man of good Reason , and disobliged , would have great influence upon the Countrey , and recommended the Deponent to Major Holms with whom the Deponent had some acquaintance before , and had brought over a Letter from him to the Earl of Argyle ; but the Deponent had not then communicate any thing to the said Holms , James Steuart laid down a way of correspondence by Cyphers and false Names , and sent them over to Holms , and the Deponent , for their use ( which Cyphers and Names , are now in the hands of His Majesties Officers , as the Deponent supposes , ) and did desire the Deponent earnestly to propose the 30000. pound Sterling abovenamed to the party in England , and did not propose any less ; for as the Earl told the Deponent , he had particularly calculate the Expence for Arms , Ammunition , &c. But James Steuart said , that if some less could be had , the Earl would content himself , if better might not be ; but the Earl always said , that there was nothing to be done without the body of Horse and Dragoons above-mentioned . During the time of the Deponent his abode in Holland , tho he had several Letters from Shepard , yet there was no satisfactory account , till some time after the Deponent parted from the Earl of Argyle , and was making for a Ship at Rotterdam to transport himself to England . James Steuart wrot to him that there was hopes of the Money . The next day after the Deponent came to England , he met with Sir John Cochran , who , with Commissar Monro , and Jerviswood , was at London before he came over ; and depons , that he knows not the account of their coming , more then for the perfecting the Transaction about Carolina : and having acquainted Sir John Cochran with the Earls demands of the 30000 pound Sterling and the 1000. Horse and Dragoons , Sir John carried him to the Lord Russel , to whom the Deponent proposed the affair , but being an absolute Stranger to the Deponent , had no return from him at that time ; but afterwards having met him accidently at Mr. Shepards house , where he the Lord Russel had come to speak to Shepard about the Money above-named , as Mr. Shepard told the Deponent . The Deponent ( when they were done speaking ) desired to speak to the Lord Russel , which the Lord Russel did , and having reiterate the former Proposition for 30000. pound Sterling , and the 1000. Horse and Dragoons , he the Lord Russel told the Deponent , they could not get so much raised at the time , but if they had 10000. pound to begin , that would draw People in , and when they were once in , they would soon be brought to more ; butas for the 1000. Horse and Dragoons , he could say nothing at the present , for that behoved to be concerted upon the Borders . The Deponent made the same proposal to Mr. Ferguson , who was much concerned in the Affair , and zealous for the promoving of it . This Mr. Ferguson had in October or November before , as the Deponent remembers in a Conversation with the Deponent in Cheapside , or the Street somewhere thereabout , said , that for the saving of innocent Blood , it would be necessary to cut off a few , insinuating the King and Duke , but cannot be positive whether he named them or not , to which the Deponent said , that 's work for our wild People in Scotland , my Conscience does not serve me for such things ; after which the Deponent had never any particular discourse with Ferguson , as to that matter ; but as to the other Affair , Ferguson told the Deponent that he was doing what he could to get it effectuate , as particularly that he spoke to one Major Wildman who is not of the Deponent his acquaintance . Ferguson blamed always Sidney , as driving designs of his own . The Deponent met twice or thrice with the Lord Melvil , Sir John Cochran , Jerviswood , Commissar Monro , the two Cessnocks , Mongomery of Landshaw , and one Mr. Veitch , where they discoursed of Money to be sent to Argyle , in order to the carrying on the Affair , and tho he cannot be positive the Affair was named , yet it was understood by himself , and as he conceives by all present , to be for rising in Arms , for rectifying the Government . Commissary Monro , Lord Melvil , and the two Cessnocks were against medling with the English , because they judged them men that would talk , and would not do , but were more inclined to do something by themselves , if it could be done . The Lord Melvil thought every thing hazardous , and therefore the Deponent cannot say he was positive in any thing , but was most inclined to have the Duke of Monmouth to head them in Scotland , of which no particular method was laid down . Jerviswood , the Deponent , and Mr. Veitch , were for taking Money at one of these Meetings . It was resolved , that Mr. Martin , late Clerk to the Justice Court should be sent to Scotland , to desire their Friends to hinder the Countrey from Rising , or taking rash Resolutions upon the account of the Council , till they should see ▪ how matters went in England . The said Martin did go at the Charges of the Gentlemen of the Meeting , and was directed to the Laird of Polwart and Torwoodlie , who sent back word that it would not be found so easie a matter to get the Gentrie of Scotland to concur : But afterwards in a Letter to Commissar Monro , Polwart wrote that the Countrey was readier to concur then they had imagined , or something to that purpose . The Deponent , as above-said , having brought over a Key from Holland , to serve himself and Major Holms : he remembers not that ever he had an axact Copy of it , but that sometimes the one , sometimes the other keeped it , and so it chanced to be in his custody when a Letter from the Earl of Argyle came to Major Holms , intimating , that he would joyn with the Duke of Monmouth , and follow his measures , or obey his Directions . This Mr. Veitch thought fit to communicate to the Duke of Monmouth , and for the Understanding of it was brought to the Deponent , and he gave the Key to Mr. Veitch , who as the Deponent , was informed , was to give it and the Letter to Mr. Ferguson , and he to shew it to the Duke of Monmouth ; but what was done in it , the Deponent knows not . The Deponent heard the Design of Killing the King and Duke , from Mr. Shepard , who told the Deponent some were full upon it . The Deponent heard that Aron Smith was sent by those in England to call Sir John Cochran , on the account of Carolina , but that he does not know Aron Smith , nor any more of that matter , not being concerned it it . Shepard named young Hamden frequently as concerned in these Matters . Signed at Edinburgh Castle , the 8. of September , 1684. and renewed the 18 of the same Month. William Carstares . PERTH CANCELL . I. P. D. Edinburgh Castle 18 September 1684. MR. William Carstares being again Examined , adheres to his former Deposition , in all the parts of it , and Depones he knows of no Correspondence betwixt Scotland and England , except by Martin before named ; for those Gentlemen to whom he was sent , were left to follow their own Methods . Veitch sometimes , as the Deponent remembers , stayed sometimes an Nicolson , Stabler's House , at London-wall ; sometimes with one Widow Hardcastle in More-fields . The Deponent did Communicate the Design on foot to Doctor Owen , Mr. Griffil , and Mr. Meed , at Stepney , who all concurred in the promoting of it , and were desirous it should take effect ; and to one Mr. Freth in the Temple , Councellor at Law , who said that he would see what he could do in reference to the Money , but there having gone a Report , that there was no Money , to be raised , he did nothing in it ; nor does the Deponent think him any more concerned in the Affair . Nelthrop frequently spoke to the Deponent of the Money to be sent to Argyle , whether it was got or not , but the Deponent used no freedom with him in the Affair . Goodenough did insinuate once , that the Lords were not inclined to the thing , and that before , they would see what they could do in the City . The Deponent saw Mr. Ferguson , and Mr. Rumsay , lurking after the Plot broke out , before the Proclamation , having gone to Ferguson , in the back of Bishopsgate-street , at some new Building , whether he was directed by Jerviswood , who was desirous to know how things went. Rumsay was not of the Deponent his acquaintance before , but they knew as little of the matter as the Deponent . This is what the Deponent remembers , and if any thing come to his Memory , he is to deliver it in betwixt the first of October . And this is the truth , as he shall answer to God. William Carstares PERTH , Cancell . I. P. D. At Edinburgh , the 22. of December , 1684. THese foregoing Depositions , Subscribed by Mr. William Carstares Deponent , and by the Lord Chancellor , were acknowledged on Oath by the said Mr. William Carstares , to be his true Depositions ; and that the Subscriptions were his , in presence of us Undersubscribers . William Carstares . PERTH Cancell . Queensberry . Athol . David Falconer . George Mckenzie , HIs Majesties Advocat for further probation , adduces the Examinations of Mr , Shepard , taken before Sir Leolin Jenkins Secretary of State for England , with the Information or Deposition of Mr. Zachary Bourn , relating to the Plot , sign'd by him and Secretary Jenkins , of which Depositions the tenors follow . THe Examination of Thomas Shepard of London Merchant , taken upon Oath before the Right Honourable Sir Leolin Jenkins Knight , His Majesties Paincipal Secretary of State , the 23. day of December . 1683. THe Deponent saith , That Ferguson told him on , or about the Moneth of April last , that an Insurrection was intended both in England and in Scotland , and that for the settling that Affair betwixt the two Nations , Mr. Baillie , Mr. Monro , Sir John Cochran , Sir Hugh and Sir George Campbels , with some others ( whose names this Deponent heard not ) were come to London . That the Deponent had some acquaintance with Mr. Baillie , Mr. Monro , and Sir John Cochran , and none at all with Sir Hugh and Sir George Campbels ; that Mr. Baillie told the Deponent , that the Earl of Argile demanded Thirty Thousand Pounds of the English to capacitat him to begin the business effectually in Scotland , and that he ( the said Baillie likewise told the Deponent , that having concerted things with the Lord Russel and others , he the said Baillie found an impossibility of raising that Sum ; After which the said Baillie had acquainted the Deponent , that they were certainly promised Ten Thousand Pounds , which Sum was agreed to be payed into the Deponents hands , in order to be remitted into Holland , for the providing of Arms ; and that the said Baillie told the Deponent at divers times , that the said Sum , or at least one half of it would be payed such a day , and such a day ; and sometimes asked the Deponent , if he had received any part of the said Money , to which the Deponent replyed that he had not , and that he the Deponent scarce thought any would be payed . And the Deponent also saith , that having had some little conversation with Sir John Cochran , he remembers well , that both of them did sometimes lament the delays in not paying in the Money , and said , that although the said Ten thousand Pounds were pay'd in , they , the said Sir John Cochran and Mr. Monro , fear ▪ d it would be too little ; and this Deponent further sayeth not , as to any new matter . ▪ But the Deponent being asked , to Explain what he thought was meant by the words above-written , viz. to capacitat him ( the Earl of Argile ) to begin the business , he , this Deponent sayeth , that he did understand by the Word business , an Insurrection in Scotland . Sic subscribitur , Thomas Shepard . Jurat coram . L. Jenkins . THe Information of Zachary Bourn of London , Brewer , taken upon Oath , the tenth day of December 1683. before the Right honourable Mr. Secretary Jenkins . THe Informant Deposeth , and sayeth , that Mr. Baillie set up one Night , if not two , with Mr. Ferguson , and went several times in the Evening with him to the Duke of Monmouth , and the chief mannagers of the Conspiracy ; That Ferguson told the Deponent , that he the said Baillie was the chief man for the Scots , next to the Lord Argile ; that the said Baillie did sit up the greatest part of one night , with the said Ferguson ; at which time this Deponent believeth they were busie in preparing the intended Declaration , which the Deponent has the more reason to believe , in as much as the said Ferguson did go about to show him the Deponent , such a Paper , wherein the said Ferguson was hindered by the coming up Stairs of some person , to speak with the said Ferguson , that the said Ferguson told the Deponent , that the main business of the said Baillie , in meeting the saids Conspirators , was in order to get from them the Ten thousand Pounds , promised for the buying of Arms , for the Insurrection intended in Scotland . That the Deponent saw Mr. William Carstares come often to the Lodgings of the said Ferguson ; but that the said Ferguson never told the Deponent of any Discourse held by him with the said Carstares : and further this Deponent saith not ▪ sic subscribitur , Zac. Bourn . Jurat coram . L. Jenkins . HIs Majesties Advocate likewise produced several Warrands , and Papers to prove , that those Depositions are sign'd by Sir Leolin Jenkins . HIs Majesties Advocate also produced the Books of Adjournal , bearing Mr. William Veitch to be a Forefault Traitor , and the Act of Parliament whereby the Forefaulture is Ratified , His Majesties Advocat's Speech to the Inquest . My Lords and Gentlemen , YOu have now a Conspiracy against His Mejesties Sacred Person , and Royal Government , so fully discover'd , that they must want Reason as well as Loyalty , who do not believe the Discovery ; and they must be enemies to sincerity , as well as to the King , who do not acknowledge it . Beside , that the Councils of all the three Nations , thought the proof sufficient , for Indicting a General Thanksgiving through all these Nations ; and that the Judges of England thought the same strong enough to infer Forefaulture of Life and Estate , against some of all Ranks there ; you have a Discovery made here from the Late E. of Argiles own Letters , and the Confession of his own Emissaries , the two surest proofs that Law ever invented , or the nature of Humane Affairs can allow ; and I am this day to add to all this , a new Sort of Proofs in the Process that I now lead against this Pannal , from the Confessions of Noblemen and Gentlemen , who have been engaged in this wicked Conspiracy ; and who from a sense of their Guilt , are content freely to Depose against their nearest Relation , and their most intimate Friend , in which having thus cleared to you , that there was really such a Conspiracy , I shall , in the next place , proceed to prove this Pannals Accession to it . It cannot be imagined , that we would willingly involve our Countrey men in it , without a Conviction stronger then our kindness to Scotland ; nor did His Majesties Servants accuse this Pannal , without the opinion of the ablest Lawyers of the Kingdom , who did , with them concur , to think that there was not the least occasion of doubting left , to the most indifferent Inqueist of his guilt , after they had seriously , and with reflection , read over , and pondered the probation now laid before you . The Person accused of accession to this Cryme is the Ring-leader of all those , who in this Kingdom concurr'd with the English Conspirators , as you may see by the Testimonies of all who have Deposed ; and it was indeed fit and just to begin with the most guilty , so that if he be not convicted , there should no man be punished for this Conspiracie ; all the noise we have heard of it , is but a Cheat , the Kings Judges have been Murderers , all the Witnesses have been Knaves , and such as dyed for it have been Martyrs . The Accession charged on the Pannal , is not an accidental escape , nor is it proved by Witnesses , who can be suspected of unkindnes to his Person , or his Cause , for it is a long tract of a continued design , gone about with the greatest deliberation and concern imaginable , and proved by his nearest Relations , and persons so deeply engadged in that Cause , ( for which he Suffers , ) that they were content with him to venture their Lives and Fortunes in that quarrel . He is not accused of a Crime that can amount only to a single Murder , though that be a dreadful Cryme , but a Rebellion , which was to draw upon us a Civil War , that Murder of Murders , in which hundreths of thousands were to fall ; and to Crown all , he was to 〈◊〉 , and to be the 〈…〉 of a Rebellion , in which one of the first steps was to kill His Sacred Majestie , and his Royal Brother ; and one of the chief Witnesses which I have led against him , is Bourn , which Bourn confessed that he was to kill the King , and who confesses the Pannal sat up several nights with Ferguson , the other contriver of the Kings Murder , and so familiar was he with him , that Bourn depons , that the said Pannal had been with Ferguson , at the drawing of the manifesto , whereby he was not only to be an Actor , but to be the Justifier of that horrid Villanie : and therefore Bourns depons , that Ferguson , ( the best Judge in that case ) looked upon him as the chief man , next to Argyle ; But because no man is presumed to go to such a hight , without previous inclination and motives , I shall to convince you , that this Gentleman was very capable of all that was lybelled against him , remember you , that he is Nephew , and Son in Law to the late Waristoun , bred up in his Family and under his Tutory ; about the time of this Plot it was undenyably known , and is now sufficiently proved , by two present Witnesses , the Earl of Tarras and Commissar Monro , that he thought himself desperat , knowing himself to be guilty of Treason by Blackwoods Case ; and as it 's presumable , that a man that 's guilty of one point of Treason , will commit another ; so when a man is desperat as to his Life and Fortune , he is capable of any thing ; he was likewise animated to commit this Cryme , by the intelligence he had that there was a Plot in England , carryed on by men of so great Parts , Fortune and Influence , and by the too probable hopes , that they would get all the Western Shires to joyn with them here , because of the common guilt , in which they had engadged themselves , by their late extravagances , they made an account of an assistance of twenty thousand men ; and by Philiphaughs Deposition , that these Gentlemen expected the concurse of the Southern-Shires ; and thus , I am to prove to you a Cryme , which is in it self , so probable and liklie , that it should need little probation , tho I have adduced for your conviction sufficient evidences , albeit the Cryme were in it self very unliklie . The Crymes which I hope I have proved , are , That Jerviswood the Pannal transacted for Money to the late Earl of Argyl , a declared Traitor . 2. That he designed to raise a Rebellion . 3. That he intercommuned with the Earl of Argyl and Mr. Veitch declared Traitors . 4. That he was present , where it was treated either that Argyle should have Money from the English and assistance from Scotland , or that a Rebellion should be raised , and that he did not reveal the samine ; and all these being sound relevant separation it is sufficient for me to have proved any one of them . And if a Gentleman was lately sound guilty of High-Treason , by the opinion of all the Lords of Session , for not revealing , that Sir John Cochran sought fifty pound Sterling from him , though he refused the same , and tho he believed , it was sought for a charitable subsistance to , preserve him from starving ; what deserves this Pannal , who sought thirty thousand pound Sterling , to buy him Arms , to invade his Native Countrey ? That Jerviswood was designing to carry on a Rebellion , or at least was accessory , or ( as our Law terms it ) was Art and Part thereof , is clearly prov'd ; but that in this occult and hidden Crime , which uses not to be prov'd by clear witnesses ; I may lead you thorow all the steps of the Probation , which like the links of a Chain , hang upon one another . You will be pleased to consider , that 1. It is proved that he desired a blind Commission to go to England , not to manage the assairs of the Carolina Company , as he confess'd , but to push the People of England to do something for themselves , because they did only talk and not do ; and what he would have them to do , appears too clearly , because he tells the Earl of Tarras it was probable , that if the King were briskly put to it by the Parliament of England , he would consent to exclude the Duke from the Succession : here is not only a Treasonable Design , ( though a design be sufficient in Treason ) but here are express acts of Treason proved , viz. The treating with the Earl of Tarras upon this design , the settling a Correspondence with him for the prosecution of it , and the writing Letters from London to him concerning it , and the sending down Mr. Martin to compleat it by a general Rising ; As he design'd to push on the English , so he prosecutes closely 〈◊〉 Design upon all occasions . On the Road he complains cunningly and bitterly , that our Lives , Laws and Liberties , and the Protestant Religion were in danger , the stile and method of all such as design to Rebel ; after he arrives at London , he engages the Conspirators there to assist the late Earl of Argile , a declar'd Traitor , with Money to buy Arms ; this was indeed to push the English to do the most dangerous things by the most dangerous man , and in the most dangerous methods . He enters also in a strict Correspondence with Ferguson the Contriver , with Shepard the Thesaurer , and Carstares the Chaplain of the Conspiracy . Alexander Monro another present Witness , proves that he argued with him , that it was necessary to give Argile Money expressly for carrying on the Rebellion , and that they did meet at Jerviswoods Chamber where this was spoke of , and from which Mr. Robert Martin was sent to their Friends in Scotland to know what they would do ; and though the silly caution was , that they sent him to prevent their rising , yet a man must renounce common sense , not to see that the design was to incite them to Rebellion , and to prevent only their doing any thing in this rebellious design , by which the , might lose themselves in a too early and abortive Insurrection here , till things were ready in England . For , 1. This Commission was given him in a place , and by a Company who had been themselves treating immediatly before of sending Money to the late E. of Argile to buy Arms , and certainly those Arms were to be bought for Men , and not for a Magazine . 2. They were treating how many Men could be raised in Scotland . 3. Carstares Deposition bears , that Martin was sent to hinder rash Resolutions , till they saw how Matters went in England , and the return to their Embassy bore , that it would not be an easie matter to get the Gentry of Scotland to concur ; but afterwards better hopes of their rising was given , which could not have been , if the true Commission had not been to raise Scotland . 4. That Sir John Cochran made a Speech to that purpose , is expressly prov'd , and that Jerviswood spoke to the same purpose , is prov'd by a necessary consequence ; for since it 's prov'd that he spoke , and that he did not speak against it , it must necessarily follow that he spoke for it , though the Witness is so cautious , that he cannot condescend upon the words now after so long a time ; and it is against Sense to think , that Jerviswood who in privat press'd the same so much upon Commissar Monro , and who was the Deacon-Conveener here , and who , as Mr. Martin their Envoy declared , was the person who was to be sent for the Arms , should not himself have been the most forward man in that Design , but above all exitus acta probat , this Commissioner , ( who being a meer Servant , durst not have proposed any thing from himself , being a mean Person , and being one , who , as the Earl of Tarras deposes , would say nothing , but what was in his Paper : ) does expresly declare , that he came from Jerviswood and others ; and in the meeting with him , a Rebellion is actually formed , and it is resolved , they should seize the King's Officers of State , Garisons , and Forces , and that they should joyn with the late E. of Argyle , and put their own Forces in a condition to joyn with these Forces that were to come from England , and they gave a Sign , and a Word , which uses only to be done in actual War ; So here is Treason clearly prov'd , by two present Witnesses , from the first Design to it's last perfection . Nor can it be objected , that they are not concurring Witnesses , but testes singulares upon separat Acts , for in reiterable Crimes , Witnesses deposing upon different Acts ; do prove if the deeds tend to the same end ; as for instance , if one Witnes should depose , that they saw a Traitor sit in a Council of War , in one place , and in another place , they saw him in Arms , or that one saw him assist at a Proclamation in one place , and saw him in Arms in another ; or that one saw him writ a Treasonable Paper , and another saw him use it ; These Witnesses are still considered as contestes , or concurring Witnesses , and ten or twelve Inqueists have so found , and upon their Verdict , Rebells have been lately hang'd . The learn'd Judges of England being all met together did expresly find , that one Witnes proving , that A. B. said , that he was going to buy a Knife to kill the King , and another deposing , that he saw him buy a Knife , without telling for what , that these two Witnesses were contestes , and prov'd sufficiently the Cryme of Treason , yet there the one Witnes , prov'd only a remote Design , and the other an Act , which was indifferent of it's own nature , and became only Treasonable by the Connexion ; But no Witnesses ever Deposed upon things so coherent , and so connected together , as these do , for they depose still upon the same person , carrying on the same Design of a Rebellion ; as to which , in one place , he is exciting his own Nephew , and telling him his Resolutions , and settling a Correspondence with him , at another time , he presses Commissar Monro to the same Rebellion . At a third , He holds a meeting at his own Chamber , and speaks concerning it , and from that meeting , he sends a Trusty , who formes the Rebellion . Besides all this , tho two Witnesses be sufficient , I have adduced Mr. William Carstares Chief Conspirator , and who choos'd rather to suffer violent Torture , than to disclose it , he likewise Deposes upon all these steps , and connects them together , and this his Deposition is twice reiterated , upon Oath , after much premeditation . And I likewise adduce two Depositions taken upon Oath , by Sir Leolin Jenkins , who was impower'd by the Law of England , and at the command of the King , and the Council of England , upon a Letter from His Majesties Officers of State here , In which Deposition , Shepard , one of the Witnesses , deposes , that Baillie came frequently to him , and desired him to advance the Money , and lamented the delays , and that there was so little to be advanced ; and who should be better believed then one who was his own Trustie , and a Person who was able to advance so great a Sum ; Bourn , another of the Witnesses , Deposes , that Ferguson told him , that the Pannal spoke frequently to him concerning the same Money , and that he sat up several nights with Ferguson upon the said Conspiracy ; and who should be better believed then Fergusons confident , and one who was so far trusted in the whole affair , that he was to take away that Sacred Life , which Heaven has preserv'd by so many Miracles . Against these three Depositions , you have heard it objected , that non testimonia sed testes probant , especially by our Law , in which , by an express Act of Parliament , no Probation is to be led , but in presence of the Assise and Pannal . To which it is answered , that these Depositions are not meer Testimonies ; for I call a Testimony , a voluntar Declaration , emitted without an Oath , and a Judge ; but these Depositions are taken under the awe of an Oath , and by the direction of a Judge . 2. Shepard was confronted with the Pannal himself , and he had nothing to say against him ; whereas the great thing that can be objected against Testimonies ( and by our Statute especially ) is that if the Party who emits the Testimony had been confronted with the Pannal ; the impression of seeing a person that was to die , by his Deposition , would have made him afraid to Depose laxly ; and the Pannal likewise might , by proposing Interrogators and Questions , have cleared himself , and satisfi'd the Judges in many things Depos'd against him : But so it is that Mr. Shepard having been confronted with the Pannal , before the King Himself , who is as far above other Judges , in His Reason and Justice , as He is in His Power and Authority ; He Deposes that the Pannal was the chief Mannager of this Conspiracy , next to Argile , and that he was so passionate to have this Money to buy Arms , that he lamented the delays ; and can it be imagined that Mr. Shepard whom he trusted with his Life and his Fourtune , and whom all their Party trusted with their Cash , would have Depos'd any thing against him that was not true , especially when he knew that what he was to Depose , was to take away his Life and his Fortune ; or that if the Pannal had been innocent , he would not when he was confronted with Mr. Shepard , before the King Himself , have roar'd against Mr. Shepard , if he had not been conscious to his own Guilt . There is a surprise in innocence , which makes the innocent exclaim , and it inspires men with a courage , which enables them to confound those who Depose falsly against them ; and in what occasion could either of these have appear'd , more than in this , wherein this Gentleman was charg'd to have Conspir'd with the greatest of Rascals , against the best of Princes ; and that too in presence of the Prince himself , against whom he had Conspir'd ; but Guilt stupifies indeed , and it did never more than in this Gentlemans Case , whose silence was a more convincing Witness than Mr. Shepard could be . Mr. Carstares likewise knew when he was to Depone , that his Deposition was to be used against Jerviswood , and he stood more in awe of his love to his Friend , than of the fear of the Torture , and hazarded rather to die for Jerviswood , than that Jerviswood should die by him : How can it then be imagin'd , that if this man had seen Jerviswood in his Tryal , it would have altered his Deposition ; or that this kindness , which we all admir'd in him would have suffer'd him to forget any thing in his Deposition , which might have been advantageous in the least to his Friend : And they understand ill this hight of Friendship , who think that it would not have been more nice and careful , than any Advocate could have been : and if Castares had forgot at one time , would he not have supplyed it at another ; but especially at this last time , when he knew his Friend was already brought upon his Tryal : and that this renew'd Testimony was yet a further confirmation of what was said against him ; and albeit the Kings Servants were forced to engage , that Carstares himself should not be made use of as a Witness against Jerviswood ; yet I think this kind scrupulosity in Carstares for Jerviswood , should convince you more than twenty suspect , nay than even indifferent Witnesses ; nor can it be imagined , that the one of these Witnesses ; would not have been as much afraid of God , and his Oath at London , as at Edinburgh ; and the other in the Council Chamber in the Forenoon , as in the Justice-Court in the Afternoon . 3. The Statute founded on , does not discharge the producing of Testimonies otherways than after the Jury is incloss'd ; for then indeed they might be dangerous , because the party could not object against them : But since the Statute only discharges to produce Writ , or Witnesses , after the Jury is inclos'd ; it seems clearly to insinuat , that they ought to prove when they are produc'd in presence of the Party himself , as now they are . And though the Civil Law did not allow their Judges to believe Testimonies , because they were confin'd to observe strict Law ; yet it does not from that follow ; that our Juries , whom the Law allows to be a Law to themselves , and to be confin'd by no Rule , but their Conscience , may not trust intirely to the Depositions of Witnesses , though not taken before themselves , when they know that the Witnesses , by whom , and the Judges , before whom these Depositions were emited , are persons beyond all suspition , as in our case . But yet for all this , I produce these Testimonies , as Adminicles here only to connect the Depositions of the present Witnesses , and not to be equivalent to Witnesses in this legal Process ; albeit , as to ▪ the conviction of mankind , they are stronger than any ordinary Witnesses . When you , my Lords and Gentlemen , remember that it is not the revenge of a privat party , that accuses in this case ; and that even in privat Crimes , such as Forgery , or the murder of Children , &c. many Juries here have proceeded upon meer presumptions , and that even Solomon himself ▪ founded his illustrious Decision , approv'd by God Almighty , upon the presum'd assertion of a mother ; I hope ye will think two Friends Deposing , as present Witnesses , adminiculated and connected by the Depositions of others , though absent ; should beget in you an intire belief , especially against a Pannal , who has been always known to incline this way , and who , though he was desired in the Tolbooth to vindicate himself from those Crimes , would not say any thing in his own defence , and though he offers to clear himself of his accession to the Kings murder , yet sayes nothing to clear himself from the Conspiracy entered into with the late Earl of Argile , for invading his Native Countrey , which is all that I here Charge upon him , and which he inclines to Justifie , as a necessary mean for redressing Grievances ; I must therefore remember you , that an Inquest of very worthy Gentlemen did find Rathillet guilty , tho there was but one Witness led against him , because when he was put to it , he did not deny his accession : And two Rogues were found guilty in the late Circuit at Glascow , for having murdered a Gentleman of the Guard , though no man saw them kill him ; but the murderers having been pursued , they run to the place out of which the Pannals then accused were taken , none having seen the face of the Runaweys ; and the Pannals being accus'd : and press'd to deny the accession , shun'd to disown the Guilt , but desired it might be proved against them . This may convince you that there are Proofs which are stronger then Witnesses ; and I am sure that there were never more proving Witnesses then in this case , nor were the Depositions of Witnesses ever more strongly adminiculated . Remember the danger likewise of emboldening Conspiracies against the Kings Sacred Life , and of encouraging a Civil War , wherein your selves and your Posterity may bleed , by making the least difficulty to find a man Guilty by the strongest Proofs that ever were adduced in so latent a Crime as a Conspiracy is . And I do justly conclude , that whoever denys that a Conspiracy can be thus prov'd , does let all the World see that he inclines that Conspiracies should be encouraged and allow'd . Our Age is so far from needing such Encouragements , that on the other hand in this , as in all other Crimes , because the Guilt grows frequent and dangerous , the Probation should therefore be made the more easie , tho in this Case the King needs as little desire your Favour , as fear your Justice . And I have insisted so much upon this Probation , rather to convince the World of the Conspiracy , than you that this Conspirator is Guilty . THereafter the Lords Ordained the Assize to inclose , and return their Verdict to morrow by Nine a Clock in the morning . Edinburgh , December 24. 1684. THe said day , The Persons who past upon the Assie of Mr. Robert Baillie of Jerviswood , return'd their Verdict in presence of the saids Lords ; whereof the Tenor follows . The Assize , all in one voice , finds the Crimes of Art and Part in the Conspiracy , and Plot Libelled ; and of concealing , and not revealing the same , clearly proven against Mr. Robert Baillie the Pannal , in respect of the Depositions of Witnesses and Adminicles adduced . Sic subscribitur , Strathmore Chancellor . AFter opening and reading of the which verdict of Assyze ▪ The Lords , Justice General , Justice Clerk , and Commissioners of Justiciary ▪ therefore , by the mouth of James Johnstoun Dempster of Court , Decerned and Adjudged the said Mr. Robert Baillie of Jerviswood to be taken to the Mercat Cross of Edinburgh , this twentie fourth day of December instant , betwixt two and four a clock in the afternoon , and there to be hanged on a Gibbet till he be dead , and his Head to be cut off , and his Body to be Quartered in four , and his head to be assixt on the Nether-bow of Edinburgh , and one of his Quarters to be assixt on the Tolbooth of Jedburgh , another on the Tolbooth of Lanerk , a third on the Tolbooth of Air , and a fourth on the Tolbooth of Glasgow ; And ordains his Name , Fame , Memory , and Honours to be extinct , his Blood to be Tainted , and his Arms to be riven forth , and delate out of the Books of Arms , so that his Posterity may never have Place , nor be able hereafter to bruik , or joyse any Honours , Offices , Titles or Dignities , within this Realm in time coming ; and to have Forfaulted , Ammitted and Tint all and sundry his Lands , Heritages , Tacks , Steadings , Rooms , Possessions , Goods and Gear whatsoever , pertaining to him , to Our Soveraign Lords use , to remain perpetually with His Highness , in Property , which was pronunced for Doom . Sic subscribitur . LINLITHGOW . James Foulis , J. Lockhart , David Balfour , Roger Hog , Al. Seton , P. Lyon. Extracted forth of the Books of Adjournal , by me Mr. Thomas Gordon , Clerk to the Justice Court , sic subscribitur . THO. GORDON . In pursuance of which Sentence , His Majesties Heraulds , and Pursevants , with their Coats display'd ( after sound of Trumpets , ) Did publickly , in face of the Court ( conform to the custom , in the Sentences of Treason ) in His Majesties Name and Authority , Cancel , Tear and Destroy the said Mr. Robert Baillie his Arms , threw them in his Face , trampl'd them under foot ; And ordain'd his Arms to be expunged out of the Books of Herauldry , his Posterity to be ignoble , and never to injoy Honour and Dignity in time coming : And thereafter went to the Mercat-Cross of Edinburgh , and solemnly Tore and Cancelled the said Mr. Robert Baillie his Arms , and affixed the famine on the said Mercat-Cross Reversed , with this Inscription ; The Arms of Mr. Robert Baillie late of Jerviswood Traitor . FINIS Notes, typically marginal, from the original text Notes for div A50863-e120 Nota , That the Earl of Tarras depon'd nothing against Jerviswood but what the other two Witnesses depon'd against himself before the Tryal , and upon which thereafter they being renew'd , the Earl was forfaulted ; so that there could be no ground of suspicion from , his Circumstances . 
A51157	----	A letter to a friend giving an account of all the treatises that have been publish'd with relation to the present persecution against the Church of Scotland Monro, Alexander, d. 1715? 1692 Approx. 85 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A51157 Wing M2440 ESTC R6566 11966587 ocm 11966587 51725 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51157) Transcribed from: (Early English Books Online ; image set 51725) Images scanned from microfilm: (Early English books, 1641-1700 ; 817:35) A letter to a friend giving an account of all the treatises that have been publish'd with relation to the present persecution against the Church of Scotland Monro, Alexander, d. 1715? Meldrum, George, 1635?-1709. 32 p. Printed for Joseph Hindmarsh ..., London : 1692. Reproduction of original in Huntington Library. Attributed to Alexander Monro. cf. NUC pre-1956. Attributed also to George Meldrum. cf. DNB. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland. Presbyterianism -- Early works to 1800. Scotland -- Church history -- 17th century. 2005-05 TCP Assigned for keying and markup 2005-10 SPi Global Keyed and coded from ProQuest page images 2006-06 Taryn Hakala Sampled and proofread 2006-06 Taryn Hakala Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion A LETTER To a FRIEND , Giving an Account of all the Treatises that have been publish'd , With Relation to the Present Persecution Against the Church of SCOTLAND . Lam. I. iv . The ways of Zion do mourn , because none come to the solemn feasts : all her gates are desolate : her Priests sigh : her virgins are afflicted , and she is in bitterness . And verse xii . Is it nothing to you , all ye that pass by ? LONDON : Printed for Joseph Hindmarsh , at the Golden Ball , over against the Royal Exchange in Cornhill , 1692. A LETTER To a FRIEND , &c. SIR , I Don't much wonder , that the present State of the Church of Scotland should be a little surprising to you , at your return from your Travels beyond Seas , it being so very much changed from what it was some Years ago , when you were last in Scotland , that the bare reflection upon it must needs occasion Grief and Sadness to any who are endued with the least sense of Religion or Morality . The Church was then in a flourishing condition , her Authority and Discipline in such force and vigour , that a Sentence of Excommunication was even terrible to the most wicked and prophane ; her Pastors were Men of Judgment , Learning , and Prudence , and of such unblameable Lives and Conversations , that they quite stopt the Mouths of their calumniating and malicious Enemies . Whereas now the Scene of Affairs is so much altered , that the Church is made level with the ground , and her Adversaries take pleasure in the rubbish thereof ; the Apostolical Order of Bishops totally subverted , and the greatest part of the Episcopal Clergy barbarously driven from their respective Churches , many of which are at present void and destitute of Pastor , and their Flocks left desolate , like Sheep wandring without a Sheepherd ; others of their Churches are invaded by Men who can lay no claim to that sacred Function of the holy Ministry , having never received Ordination from those Persons who are duly authorized to confer it : and their pretences for Learning , and the other Qualifications necessary for that Office are so very little , that the greatest part of them have never had occasion to apply themselves to those Studies , but have been all along trained up in Mechanick Employments , and have now leapt directly from the Shop into th Pulpit , where they exercise their Gifts at such a rate , and entertain the●● Auditors with such nauseous Stuff * , ( sometimes intermixt with blasphemous Sentences ) that instead of advancing the Christian Religion , 't is to be feared , they have propagated more Atheism and Irreligion in the Nation , than many Years will be able to root out . And since your Curiosity prompts you to a strict enquiry into the Ways and Methods by which this surprising Revolution was brought about , I shall , in order to your satisfaction , direct you to all those Treatises that have been published on this occasion , where you may find an exact and impartial account of the present Persecution raised against the Church of Scotland ; how it was at first contrived and set on foot , after the landing of the Prince of Orange here in England in the Year 1688 , and how it has been managed and carried on even till this time , with all the Fury and Violence imaginable by the Presbyterian Faction in that Kingdom . The first Discourse , I think , which was published on this Subject was , A Memorial for his Highness the Prince of Orange , in relation to the Affairs of Scotland ; together with the Address of the Presbyterian Party in that Kingdom to his Highness , and some Observations on that Address . By two Persons of Quality . This Memorial was wrote sometime before the Prince of Orange was proclaimed King of England , and the Author's design in it , was to inform the Prince , how seditiously and rebelliously the Presbyterians in Scotland had behaved themselves under the Reigns of K. James VI. K. Charles I. and K. Charles II. how in the Reign of K. Charles I. they overturned not only the Government of the Church , but usurped likewise that of the State , rescinded all the Royal Prerogatives , and murthered Thousands of the King 's best Subjects , besides the many other Barbarities which they committed under the pretence of Religion . And from hence the Author takes occasion to shew the Prince , how much his Interest obliged him to suppress that insolent Party , whose Principles and Practices were not only inconsistent with the Monarchy , but even destructive of all human Society ; and that on the contrary , Episcopacy being necessary for the support of the Monarchy , he ought to make it his chief care and concern to maintain and support it ; and the rather , because he had so solemnly engaged his Honor for the Defence thereof ; for having published in his Declaration , That his design of coming over was to support the Laws of the Nation , he tells him , That he was therefore in Honor bound to support Episcopacy , it being confirmed by Twenty Seven Parliaments of that Kingdom . The Observations upon the Presbyterians Address to the Prince of Orange are done by another Pen : They sufficiently expose the Contradiction and Inconsistency that always appears in the Actions of that Party . In their Address to the P. of Orange , they complain heavily of their Oppression and Suffering under K. James's Government , that They were lying in the Mouth of the Lyon , while Refuge failed , and when they looked on their right and left Hands , there was no Man found to pity them , till the Lord raised up his Highness for their Deliverance . And yet notwithstanding these heavy and grievous Complaints , we find that in their Address to K. James , they render him their humble and hearty Thanks , for putting a stop to their long and sad Sufferings for Nonconformity ; and they acknowledg the receipt of Favors from him , valuable above all earthly Comforts . Nay , so little reason have they to complain of Persecution from him , that it 's known how the leading Men of that Faction were only caressed and cajoled by the then Ministers of State to a very high degree , and preferr'd to Places of great Trust in the Nation . And they themselves were then so sensible of these Obligations , that out of Gratitude they offered to use their Interest for carrying on the Designs at that time set on foot by the Papists for promoting of Popery in these Dominions . It is very well known to any who were then in Scotland , how eminently they comply'd with the Dispensing Power in taking an Indulgence from the Papists , how they magnifi'd K. James upon that account , as the best of Kings that ever reigned ; and how active some of the most pragmatical Men of that Party were , in engaging all of their own persuasion to promote a Relaxation of the Penal Laws , and in persuading such Members of Parliament as they could influence , to go along with the Designs of the Court therein . And this is so notorious , that one of their own Preachers * was severely checked and rebuked by the Party , because much about that time , in a Sermon preached before their Provincial Assembly at Edinburgh , he signified his dislike of these Proceedings , and laid before them the dangerous Consequences of the same , how fatal such Methods would at last prove to the Protestant Religion in these Nations . I could here entertain you with a great many Instances of their Behaviour under K. James's Government , and of their ready complyances with all the Popish Designs then set on foot , but that I think it altogether superfluous , since one of their own Party * has sufficiently exposed them to the World upon this account , and shewn how their Practices at that time were directly contrary to their former Principles , and that their Behaviour was such , as did rather become Sycophants and Court Parasites , than those who assumed the Title of Ministers of the Gospel . And his Accusation is so very true , that they have never as yet attempted to answer him , or to vindicate themselves from those many Scandals and Reproaches wherewith he so justly charges them ; nay , on the contrary , they are so conscious of their own Guilt , that in their Address to the P. of Orange , they very very frankly own it , and make a long Apology to his Highness for it . The next thing that appear'd abroad with relation to our Scotch Affairs , was a short Letter entituled , The present State and Condition of the Clergy and Church of Scotland . It gave us but a very short and brief , tho a true , account of the many Affronts and Indignities that were done to the Episcopal Clergy of that Kingdom , by the Presbyterians there ; but after having enumerated some few Instances of their atrocious Cruelties , such as the killing of one Minister , the daubing of anothers Face with Excrements , and the inhumane usage of the Wife of a third , tho in Childbed , he at last concludes , That it was beyond the power of words to express their Misery to that degree as they suffered it . This Letter had not been very long publish'd , when there comes out a scurrilous Pamphlet , under pretence of an Answer to it ; it was call'd A brief and true account of the Sufferings of the Church of Scotland , occasion'd by the Episcopalians since the Year 1660. being a Vindication of their Majesties Government in that Kingdom , relating to the Proceedings against the Bishops and Clergy there . With some Animadversions upon a Libel entituled , The present State and Condition of the Clergy and Church of Scotland . The Author of this Pamphlet , instead of answering the Letter , as he pretends , summs up , and highly aggravates the Punishments that were justly inflicted upon the Presbyterian Dissenters by the Civil Government , for their frequent Insurrections and Rebellions against it , and charges the Episcopal Clergy as the Authors of all their Sufferings upon that account . The Proceedings of the Civil Magistrate against this rebellious Crew are sufficiently vindicated by a learned Pen , as I shall afterwards inform you . And as for the Behaviour of the Episcopal Clergy , with relation to the Sufferings of these Men , they were so far from being any ways the Authors of them , that there may be many Instances given , where the Clergy have interceeded for their Pardon , and actually saved many of them from the Gallows , which they could not have escaped , had they been left to the due course of Law : And yet these Men did afterwards prove so ungrateful , that they were the chief Instruments of all the Sufferings and Persecution which those Clergy-Men , to whom they owed their Lives and Fortunes , met with in this late unhappy Revolution of our Church Affairs . And this is plain in the Case of Sir John Riddel and Mr. Chisholm , Minister at Lisly , whom he was then prosecuting for his Non-complyance ; and yet , at the same time , ingenuously confessed to him , before a good many Witnesses , that he had been very much obliged to him , and protested he would never have treated him at that rate , if it had not been Matter of Conscience to him . This Answer is all over stuff'd with so many groundless Reflections and Aspersions upon the Clergy , and fill'd with such obscene and scurrillous Language , without the least semblance of Reason or Argument , that the true way of answering it , had been to publish to the World a true and impartial History of the Author's Life and Actions , that by comparing it with his Writings , they might easily perceive what Credit and Authority they ought to have among all serious and sober Men. I must confess , I 'm a great Enemy to all personal Reflections in whatever kind of Writings , as knowing how prejudicial they of●en are to the Merit of the Cause , and how antichristian it is● for us to publish to the World the personal Infirmities of our Brethren , when the Laws of Religion oblige us rather to cover and conceal them , and to endeavour to reclaim them by a private and brotherly Admonition ; yet when Men do thus divest themselves of all Morality and Religion , as at this rate , without the least restraint of Modesty or good Manners , to bespatter the sacred Persons of Princes and Prelates , I know no other way to deal with them , but either to oblige them publickly to recant their Calumnies and Aspersions , or at least to fight them with their own Weapons , and to expose them to the World in their true Colours , that the unwary and undiscerning Multitude may not be bubbled into a belief of their malicious Lies and Calumnies . There was indeed a Reply very soon returned to this Answer , which , I suppose , did not a little discompose our Author , it giving him a small tast of what Treatment he might expect , if he should still continue to write at this extravagant and scurrilous rate . The Title of it is , The Prelatical Church-Man against the Phanatical Kirk-Man , or a Vindication of the Author of the Sufferings of the Church of Scotland . This is a short Vindication of such of the Clergy as our Author had attempted to wound in their Reputation , by his groundless and malicious Aspersions . But much about this time , or a little before , there was a Discourse publish'd , which , tho it was not design'd as an Answer to this scurrilous Pamphlet , it having been publish'd before it came abroad , yet contains such Matters of Fact as do fully answer all the Calumnies of this Accuser , and it relates the History of the Persecution so impartially , as that it defies the Contradiction of the most effronted Adversary . It is called , An Account of the present Persecution of the Church of Scotland , in several Letters . The occasion and design of this undertaking , was this . When the Presbyterian Par●y had barbarously and inhumanly treated the Episcopal Clergy of that Kingdom , when their Rabble had turn'd out of their Churches by Force and Violence , above 300 Ministers in the Southern and Western Countries , and had driven them in the midst of Winter , with their Wives and tender Children , from their Houses and places of abode ; and when they had got such Ministers , as their Rabble could not reach , deprived of their Livings by a Sentence of their Civil Judicatories , and by this means had expos'd them to all the Miseries of Poverty and Want ; yet all this was not enough to satisfie their implacable Malice , but after they had thus cruelly treated their Persons at home , they endeavoured to murther them in their Fame and Reputation abroad ; for here in England they industriously printed and dispersed Papers , under the pretence of giving an account of the Transactions in Scotland at that time , which contain'd a number of malicious and bitter Invectives against the deprived Episcopal Clergy of that Nation , representing many of them to have been deprived for gross Scandals and Immoralities in their Lives , and impudently denyed the many Affronts and Indignities that were done them by the Rabble ; and by this Method they thought not only to render our Clergy odious to the English Nation , but also to make the World believe there was no such thing as a Persecution raised against them , and that all the noise about it was nothing else but the Clamours and Out-cries of a Party disaffected to the Government . The Episcopal Clergy therefore seeing that these malicious Lies and Calumnies gained credit daily with People in England , who were altogether Strangers to these Transactions , and being in a short time sensible how much they suffered in their Fame and Reputation upon this account ( than which nothing ought to be more dear and sacred to Men of their Prof●ssion ) ; found it altogether necessary to vindicate themselves from the Aspersions cast upon them by their Enemies , and to publish a true and impartial Account of their Sufferings , that the World might not any longer be imposed upon in the History of these Transactions . And so they publish'd this account of the Persecution in Four Letters , which do very fully and impartially r●late a great many Matters of Fact concerning the said Persecution ; how it was at first begun by the Rabble in the Western Shires , how they were animated and inticed thereto by their Pastors and Teachers , and how at last the Presbyterians having got the Government of the Kingdom in their hands , did prosecute the Episcopal Clergy in their Civil Courts with such open Partiality and Injustice , as if they had seem'd resolv'd never to deny it . This Treatise no sooner appear'd abroad , than People easily saw how much they had been imposed upon by former Accounts , and being now fully convinc'd of the Truth of the Persecution , began to have some Pity and Compassion towards those Reverend Persons that were thus expos'd to the Fury and blind Rage of an opposite and bigotted Faction . But the restless Spirit of that Party was still at work to run down this Account of the Persecution as false , and to persuade the World , that the Matters of Fact related therein had not the least shadow of Truth in them . However , in a short time their Impudence in denying so boldly these known Matters of Fact was soon baffled , and they themselves were quite confounded at the sight of another Treatise which came out very shortly after the former , viz. The Case of the present afflicted Clergy in Scotland truly represented . To which is added for probation , the Attestation of many unexceptionable Witnesses to every particular , and all the publick Acts and Proclamations of the Convention and Parliament relating to the Clergy . By a Lover of the Church and his Country . In this Discourse we have some further account of the Proceedings of the Rabble and Presbyterian Governours against the Clergy ; and most of the particular Matters of Fact , mention'd both in this and the other Treatise , are so fully attested by many unexceptionable Witnesses , that it gave satisfaction to the most scrupulous Enquirers , and made the Presbyterians themselves almost despair of cheating any more into a belief of their Lies and Aspersions . For here you 'll find among the Collection of Papers , particular Declarations of the Outrages and Cruelties committed upon many worthy Ministers and their Families , owned and subscribed by themselves , and attested by many other Persons of good Fame , that had the misfortune to be Eye-Witnesses to many of their tragical Sufferings . Our Author has likewise inserted all the publick Acts and Proclamations of the Convention and Parliament , relating to the Clergy , by reading of which , you 'll in some measure perceive , with what open Partiality and Injustice they were treated by the Presbyterian Governours at that time , even those whose Station and Character did oblige them at least to put on an outward shew of executing Righteousness and Justice in the Land. A further continuation of the History of this Persecution we have under the Title of A late Letter concerning the Sufferings of the Episcopal Clergy in Scotland . This relates only to the Persecution of such Ministers as lived in the Presbyterie of Stranraver in the Shire of Galloway , of which the former Treatise had promised us a fuller account , since it was only hinted at there . Here we have a brief Narrative of the condition of that place for some few Years before this last Persecution arose ; he tells us , in what Peace and Tranquillity they lived for a considerable time before the Indulgence granted by K. James ; how that before the publishing of that , there were not above two Dissenters in the whole Presbyterie of Stranraver , but all People went regularly and orderly to Church , nay even the Presbyterian Ministers themselves were constant hearers of the Episcopal Clergy in their Parish Churches . But no sooner was this Indulgence proclaimed , than the Presbyterian Ministers erected separate Congregations , and by infusing seditious Principles into the Minds of the giddy Multitude , did in a short time transform the Country into a Wilderness of Savage Beasts . He deduces their History in short till the commencement of the Persecution against the Clergy , and then informs us of a great many Barbarities that were committed upon them by the Rabble . I will not here trouble your Patience with informing you of any of the tragical Stories related both in this and the former Accounts , but rather advise you to read the Accounts themselves , where you 'll find the Presbyterians charged , and that justly too , with such monstruous Barbarities , as the most savage Infidels would have been asham'd to commit . There are two other short Treatises in Print , which , tho they do not immediately concern the History of the Persecution , yet since they have a reference to the Principles and Practices of our Scotch Presbyterians , I thought fit to send you this short Account of them . The first , which was publish'd a considerable time before the Discourse last mention'd , goes under this Title , Some Questions resolved concerning Episcopal and Presbyterian Government in Scotland . Our Author's design in this Discourse , is to prove that the Presbyterian Government was not by Law setled for many Years after the Protestant Religion had the legal Establishment in that Kingdom , and that it was never setled in the Church of Scotland , without restraint from tumultuous times ; all which he unanswerably proves from our Records of Parliament and our best Historians ; and further shews , that even at present , it is very far from being agreeable to the Inclinations of the People , the Basis upon which it is now erected . He shews likewise that the Principles of Presbyterians allow no Liberty of Conscience to any that dissent from them , and clearly demonstrates that their Principles are utterly destructive to the legal Monarchy of that Kingdom . He further proves that the Penal Laws in Scotland against the Presbyterians , had nothing of Persecution in them , and he fully vindicates the Episcopal Clergy from being any ways concern'd in the Sufferings which they so grievously complain of . He has likewise given us an Account of the Behaviour of the Church of Scotland , in reference to the Designs of taking away the Penal Laws against Papists , and shewn us how industrious and active the Presbyterians were in promoting the Designs for taking away the legal Restraints against Papists . So that in this Treatise you may meet with a full and satisfactory Answer to all the Calumnies and Aspersions which the Presbyterians have in their Pamphlets of late maliciously thrown upon our Clergy . Soon after the publishing of this , follow'd the other Discourse entituled . The Danger of the Church of England from a General Assembly of Covenanters in Scotland , Represented from their Principles in Oaths , and late Acts of Assemblies , compared with their Practices in these last two years , By a true Son of the Church . To the first of these Discourses there was an Answer published under this Title , A Vindication of the Church of Scotland , being an Answer to a Paper , Intituled , Some Questions concerning Episcopal and Presbyterial Government in Scotland , wherein the later is vindicated from the Arguments and Calumnies of that Author , and the former is made appear to be a Stranger in that Nation . By a Minister of the Church of Scotland , as it is now Established by Law. In which the Author pretends to prove , that the Answers given to these Questions by his Adversary are altogether false and erroneous ; but the performance is very much disproportion'd to the strength and merits of the Discourse he undertakes to attack , as you may easily discover by comparing them together . Having thus far inform'd you of the Discourses that relate the History of our Scotch Persecution , as it was acted by the Laity , viz. the Rabble and Presbyterian Governours : I come in the next place to acquaint you with those Treatises which contain that Scene of the Persecution wherein the Presbyterian Clergy were the Principal and only Actors . It is true that in the former part of this Tragical Scene , their Ministers were not bare Spectators of the Sufferings of the Episcopal Clergy ; nay on the contrary , they took occasion in all their publick appearances at that time , from their Pulpits and elsewhere , to incite and stir up the Rabble to the commission of all these Cruelties and Outrages upon the persons of those Reverend and Worthy Men , by calling it the glorious work of Reformation , and telling them , that they were carrying on the work of the Lord , and that God would certainly reward them for the great services they were then doing to his Church and Kingdom . Whereas it had been more for their personal Credit and Reputation , and more suitable to the Character they assume to themselves , of being Ministers of the Gospel of Peace , to have repressed the fury of the Rabble , and to have restrained them from these Insolencies and barbarities which they were acting in several corners of the Kingdom . But in this later Period of the Persecution , the Presbyterian Clergy acted their part openly and barefacedly ; when they sat upon the Bench as Judges , and established iniquity by a Law. The first Discourse of this Nature that was published , was An Historical Relation of the late General Assembly held at Edinburgh from October 16. to November 13. in the year 1690. In a Letter from a person in Edinburgh to his Friend in London . And here our Author has given us a very exact and impartial account of the proceedings of the Presbyterian Ministers against the Episcopal Clergy both in their General Assembly , and likewise before the meeting thereof . The Parliament after having abolish●d Episcopacy , was pleased to lodge the whole Government and management of Church Affairs in the hands of some few old Presbyterian Ministers , who in the year 1661. had been deprived for refusing to submit to the Episcopal Government then Established by Law. This was a Presbyterian Constitution , you may say , not very agreeable to their Principles , which only allow an equal parity among all the Ministers of the Gospel ; but however the Constitution being so much for their Interest , it was not thought convenient to stand two nicely upon Principles . These men who were now intrusted with the Church Government having met at Edingburgh , and assumed into a share of the Government such of the Presbyterian Minist●rs as they could intirely confide in , did first agree upon the Method of Constituting their next General Assembly , and afterwards divided themselves into several Classes and Presbyteries , for examining and enquiring into the Principles and Qualifications of the Episcopal Clergy , and this in order to deprive them of their Livings and Preferments . One Author gives us a great many instances of the partiality and injustice that attended the proceedings of these inferiour Judicatories , and then continues his History to the sitting down of the General Assembly , where he entertains us with an useful and pleasant account of what passed in that meeting . When the General Assembly was dissolved , they appointed a Commission for prosecuting the work of the Reformation , and putting an end to what the Rabble and Assembly had begun . This Commission was invested with a full power to cite before them , and deprive such of the Clergy as they should judge unfit for enjoying their Preferments in the Church . And what the Methods were which they used in turning out the Episcopal Ministers that as yet retained peaceable possession of their Churches , what trifling Crimes they were forced to invent against them , may be easily gathered from another Discourse which the same Author published not long after the former , viz. A Continuation of the Historical Relation of the late General Assembly in Scotland . With an account of the Commissions of that Assembly , and other particulars concerning the present state of the Church in that Kingdom . In this Treatise the Author informs us what were the effects and consequences of the Measures , which the General Assembly had laid down for establishing and securing the Presbyterian Government . And besides many Historical Relations of considerable importance , which are contained both in this and the former Treatise , he has likewise inserted here several Original Papers which add a great deal of Light and Authority to his History ; among which there are two Letters from King William to the Commissioners of the General Assembly in Scotland , wherein he requires them to receive into their Communion such of the Episcopal Clergy as were willing to subscribe their Confession of Faith , and submit to the Presbyterian Government as then Established by Law. He further commands them , during his absence out of Britain to stop all further Processes against the Episcopal Ministers until they received further directions from him ; and withal he assures them of his Protection , and that he will maintain the Government of the Church in that Kingdom by Presbytery , without suffering the least Invasion to be made upon it . It is to be hoped that the worthy Author of this Historical Relation of the General Assembly will gratifie the World with a further Continuation of the History of their Proceedings , especially of what past at their last Meeting of their General Assembly . And this is the more earnestly to be wished for , since the two former parts were so very acceptable , and so very satisfactory to all that perused them . I come now to inform you of an Answer to some of those Discourses above mentioned , which after a long delay was at last published under this Title , A Vindication of the Church of Scotland , being an Answer to five Pamphlets . By the Author of the former Vindication in answer to the ten Questions . The Discourses which he pretends to answer are these . 1. An account of the present Persecution of the Church of Scotland , in several Letters . 2. The Case of the afflicted Clergy in Scotland truly represented . 3. A late Letter concerning the Sufferings of the Episcopal Clergy in Scotland . 4. A Memorial to his Highness the Prince of Orange in relation to the Affairs of Scotland , &c. 5. An Historical Relation of the late General Assembly held at Edinburgh from October 16. to Nov. 13. Anno 1690. The occasion the long delay of this pretended Answer was this . The Assembly , it seems , enjoyned this task of answering the Historical Accounts of the Persecution to one * of their Ministers , and recommended to him , to receive particular Informations from the places of the Kingdom , in which these cruel Barbarities were acted ; but he , finding that the Informations sent him did confirm the truth of most of the Historical Relations he was required to answer , and being a Man of more honesty and ingenuity than many of his Brethren , did , after he had for several months made a trial of the work , at last intirely decline it , because he saw these Accounts could not be answered without justifying what the Rabble had done , which , he ingenuously acknowledged , he was neither able nor willing to do . And therefore they were forced to pitch upon another † for this employment , whom , as it appears , being a Man of a greater stock of Boldness , and far less Sincerity than the other , they found both fitter and readier for serving their designs . And he after a great many strugglings , what with the Checks of his own Conscience , and the difficulties he met with in guilding over and disguising these Matters of Fact , which are so faithfully and so circumstantially reported in these Discourses he had undertaken to attack , at last appears abroad in the World , thinking by his bare confidence alone to impose upon the Sense of Mankind , and with a bold denial to confute those truths which have all the proof and attestation that a Matter of Fact can possibly bear . They are owned in Publick and Printed Declarations , subscribed by the Ministers upon whom these Outrages were committed , and attested by many Witnesses of unspotted Fame and Reputation ; nay further , the Ministers who were the Sufferers undertake , under the severest Penalties , to prove the truth of these Declarations before any Judicial Court , even to the Conviction of their most obstinate Enemies ; and what further Proof can any reasonable Man desire ? But to let you see how fully and beyond the possibility of contradiction these matters of Fact are attested , I have subjoyned hereunto two Declarations relating to this Subject , the Original Copies of which are in my hands , subscribed by the Ministers upon whom these Cruelties were acted , and their Subscriptions attested by very good Witnesses . I send you these the rather , because they are not to be found among the Collection of Papers annexed to the Case of the Afflicted Clergy in Scotland , and one of them is a great deal more particular in the Relation than any therein inserted : For in this Declaration the particular days and months upon which these barbarities were acted , and the names of the particular persons that were Actors of the Tragedy are expresly mentioned , and three or four Witnesses at least brought to prove every individual matter of Fact that is there related ; and , if my memory don't very much fail me , a Copy of this Declaration was given in to the Privy Council at Edinburgh , and the Gentleman desired a redress of these grievances , and offered to prove before them the truth of all these particulars , if they thought them worthy of their Cognizance ; so that I would gladly know what further proof and attestation can be brought for any matter of Fact , than is here offered to evince the truth of these . Here follow the Declarations . Declaration of Mr. John Arbuckell , Minister of Rickartoun , concerning the Indignities done him by the Rabble . I Master John Arbuckell , Minister of Rickartoun , declare to all whom it may concern , That first I was taken Prisoner by the Rabble , commanded by one William Campbel , accompanied with Alexander Hillhouse , his Brother John Hillhouse , and the Laird of Allangreig was present with the Rabble , to the number of Forty or thereby , all in Arms except Allangreig ; and by them carried along to Tarboltoun , being Five Miles from Rickartoun , together with my eldest Son under silence of the Night , and there kept Prisoner in the House of Mr. James Gillespie , Minister of that place , and in the Morning carried , together with the said Mr. Gillespie , to the Church-Yard , where his Gown was torn , and a part of it laid on my Shoulder , and the other part on his Shoulder , I wanting a Gown , in respect I was not at home ; and after a long Discourse , previous to the tearing of the Gown , they led us by the hand over the Church-Yard Dyke , not permitting us to go over the Stile ; required us never hereafter to preach or crave any of our Stipends , and forbid all Men to pay us under the highest peril ; and to finish the Solemnity of that great Action , they dismist us with a Volley of Shot . After this I was forc'd to fly the Country , my Wife and tender Family continuing in the Manse * of Rickartoun till Fasting's Eve † or thereby , when she and her Four Children were turn'd out by Violence on a Saturday , the Mercat-day at Kilmarnock . It being Snow in the time , she , with great difficulty , obtained liberty to stay in a Stable till Monday , upon this condition , that she should remove the rest of our Household Furniture which they had not thrown out , on that Night before they returned from the Mercat , which was not half a Miles distance . In testimony of the Premisses , I and my eldest Son have subscribed these presents at Edinburgh . April 16 , 1690. Jo. Arbuckell . James Arbuckell . Declaration of Mr. Gilbert Muschet , Minister at Cumbernauld , concerning his barbarous Usage by the Rabble . I Master Gilbert Muschet , Minister at Cumbernauld , do by these presents declare , That whereas I was orderly presented to the Church at Cumbernauld by John Earl of Wigtone , and received Ordination and Collation from Alexander , late Archbishop of St. Andrews , then Lord Archbishop of Glasgow , and continued there these Twenty Three Years in the Function of the Ministry : Yet nevertheless I have been of late excluded and expell'd by the Rabble , both from the Church , and from my Manse and Glebe , and I my self , and my Wife , have been in great danger of our Lives , having been hurt and wounded by my own Parishioners and their Associates . Follow the particular Wrongs done me by the Rabble , and the Parties and Witnesses , if I could have a hearing . On Christmas day , 1688. They took away all my Books , together with my Papers , to burn them at the Trone . The Parties were James Mochrie , Rob. Allan , John Kirkwood , John Anderson , James Rae , James , John , and Alexander Neilsons ; by order , as they alledg'd , from John Carmichael Chamberlaine , James Carmichael , his Son , and James Fleyming , Ground Officer . Witnesses were Fergus Lugie , Hary Logy , John Baird , and Robert Boyd , Younger . In January , 1689. They made me , by their Threatnings , give back Four Petty Poynds to the value of ten or twelve Pounds Scotch , that were long ago obtained in a fair legal way , by a Decree before the Sheriff , for payment to the Reader and Beddal . The Parties were Ja. Brounlees , John Ballach , John Russel , of Catecraig , and Tho. Smellie . Witnesses , Fergus Lugie , Will. Cassils , Ja. Starke , and their two Wives , and Robert Stark , Kirk-Officer . February 4th . They excluded me from the Church , and sacrilegiously robb'd and took away the Key of the Church Door , together with the Vtensils of the Church . They likewise broke open the Doors of my House with a great Hammer , rent my Gown and burnt it , and laid violent hands upon my self and my Wife , and the Kirk Officer . Parties , Ja. Bailzie , Ja. Mochrie , Rob. Angus , Ja. Bresh , Alexander Harvy , Ja. Thomson , Ja. Rae , John Gillespie , Younger , Agnes Mochrie , and Agnes Steil . Witnesses , John Davy , Rob. Stirling , Tho. Buchanan , and John Steil . March , 7. They came out with Staves and Battoons , and stop'd my Plough , after I had till'd near Three Acres thereof , and threatned to beat the Ploughmen , to cut the Horse Legs and Plough-tackling , if they did not desist . Parties , Robert Stirling , Marion Lamb , Agnes Mochrie , Margaret Moorhead , Margaret Miller , Jean Miller , Margaret Davy , and Ja. Buchanan . Witnesses , John Watson , David Macklay , William Cassils , Younger , James Machany , Margaret Colen , and Mary Stark . April , 30. They took possession of my Glebe , being Seven Acres and a half of Land , for the use of the Meeting-House Preacher ; they till'd the rest of it , and thereafter did sow and harrow it all , ( except one ridg which I had caused sow and harrow before ) . Parties , Robert Boyd , Ja. Russel , Ja. Gilmore , John Anderson , John Young , James Mochrie , William Cassils , and Ja. Rae . And tho Eight of them had promised to pay me for what I had tilled and sown thereof , yet they never performed the same . Witnesses , John Carmichael , James Carmichael , James Davie , and Ja. Jarvey . April 21. They violently , by force of Arms , stopp'd my entry into the Church , in order to read the Convention's Proclamation , and threw the Proclamation in the Ditch , and carried me Prisoner to the Town . Parties , Ja. Rae , and John Greenlees , armed , their Associates , John Kirkwood , William Cassils , Ja. Mochrie , Robert Allan , James Thomson , John Anderson , John Smith , James Buchanan , and Tho. Dinn . Witnesses , Rob. Bresh , James Machany , John Stark , Robert , Alexander , and John Ewans , Hugh Templeton , with divers others . April 28. The entred the Meeting-House Preacher into the Church by force of Arms , tho he never read the Convention's Proclamation , nor obey'd the tenour of it then or since . Parties , Ja. Mochrie , John Kirkwood , William Cassils , Ja. Thomson , Ja. Rae , John Greenlees , Thomas Dinn , John Smith , Ja. Anderson , Ja. Renie , John Gillespie . Witnesses , Ja. Russel , John Young , John Stirling , with divers others . May 2. They broke open the Windows of my House , robbing me of several things to a considerable value , and charged me to remove the rest of my Furniture within Twenty four Hours , otherwise they would throw it into the Stone-Quarry . Parties , Ja. Mochrie , Ja. Rae , Ja. Gilmore , Younger , and Ja. Buchanan , with others . Witnesses , Jo. Kirkwood , Ja. Neilson , John Gillespie , and Ja. Buchanan . May 3. They again , after opprobrious Language , haled me Prisoner to the Newtoun , commanding me to deliver up the Key of the Manse , and three of them broke two of the Doors in my own House within the Newtoun of Cumbernauld , beating my Wife . Parties , Ja. Mochrie , Ja. Rae , and James Buchanan ; the first of these searched narrowly for me in my own Chamber , threatning to kill me , where I narrowly escaped , and he thereafter pursued me upon the King's High-way . Associates to the said Three Persons were , John Gillespy , Younger , Ja. Gilmore , Younger , and James Renie , together with John Kirkwood , William Cassils , and James Thomson , John Anderson , John Greenlees , and John Smith . Witnesses , John Young , Hary Luggie , Ja. Barrie , Hugh Templetone , and others at a publick Wedding . May 20. Mr. Michael Robb , the Meeting-House Preacher , extruded me from the Glebe , as the Rabble did from the Manse , and caused his Servant to beat the Kirk-Officer , when he was shearing a little Grass for my Horse , when he was taken away by the command of one Lieutenant Haddo , who took him along to the South and West Countries twenty days , upon pretence of a commanded Party . Witnesses , John Stirling , John Bennie , John and Tho. Buchanans , Jo. Cowie , Robert Stark , Alexander , Robert , and John Ewans . July 28. After ringing the first Bell I entered the Church , and read the Convention's Proclamation before an English Captain and Cornet , and John Carmichael Chamberlain , and having thereafter offered to preach in the Forenoon , and to obey the tenour of the said Proclamation , I was stopped by James Rae and William Cassils , the last whereof laid violent hands upon me in that sacred place , and hurled me by the Shoulders through the Church Isle , and thrust me out at the Door , tearing my Coat and my Gown . Witnesses , Ja. Robb , James Neilson , John Gillespy , Younger , James , John , and Tho. Buchanans , and Ja. Renie . August 6. They caused Home of Nineholes Troop eat a whole Night the Grass of that Meadow , which I paid Duty for to the Earl of Wigtone , the Hay thereof being worth Ten Marks Scotch , was quite destroy'd , and they caus'd Captain Morton's Horse eat a considerable quantity of my Corn of that Land I pay for yearly . Parties , John Carmichael , who quartered the said Troop , Mr. Robb , and John Cuy , his Servant , who put them from the Glebe to eat my Meadow , Witnesses , John and Thomas Buchanans , Alexander and John Ewans . September 20. They pursued me upon the High-way as I was convoying a Cousin of my own , alledging that he and I had taken down the Bell. They hurled us back Prisoners to the Town , and James Rae ran at me with a Halbard , it seems , with a design to have killed me . Parties , John Gillespy , Younger , who wounded me in the Head , John Kirkwood , William Cassils , James Buchanan , John Smith , David Dabie , John Russel . Witnesses , John Ker , Younger , William Grudlay , Andrew Currie , Geo. Mushet , John Carmichael , John Fleeming , John Donaldson , and several others . The truth of the Premisses is attested by my Subscription of these presents at Edinburgh , the Eleventh day of April , 1690. before these Witnesses , Mr. Richard Scot , Parson of Aschott , and John Falconar , Master of Arts. Richard Scot , Witness to this Subscription . John Falconar , Witness to this Subscription . G. Muschet . And now Sir , I hope , you see with what evidence and clearness of Demonstration , the particular Instances related in the History of the Scotch Persecution are accompanied , and from this you may easily judg what a height of Impudence Men must needs arrive at , to deny so plain and so evident Matters of Fact , that have all the Proof and Attestation that the Nature of the thing can possibly bear . And yet the Author of this pretended Answer is not in the least asham'd to put on such a degree of Confidence in this matter , as no Man besides a Presbyterian is capable of . But to let you see a little of his Disingenuity in managing this Affair , he has collected together five Discourses whieh he undertakes to confute , and then urges the number of the Books he 's to answer , as an Excuse why he cannot confute them all sufficiently , least he should swell his Answer into too great a Volume . What should have obliged this Author to undertake to answer so many Treatises at one time , I cannot readily conjecture , unless it were to have some plausible pretence for not being able to give a sufficient Answer to any of them singly . I 'm sure the meanest of these Treatises does far exceed the Malice of his weak Efforts , and the Assembly enjoyn'd him but the first two Discourses to confute , which , if he had done to purpose , he had better s●tisfy'd the Commands of his Superiors , and done greater Service to his Party , by vindicating them from those heavy Crimes so justly charg'd upon them . But all the Vindication he offers to bring for them , is in some Cases with a daring Boldness to deny point blank the Matter of Fact , without disproving the Attestations brought to confirm it ; in others to alleviate it , by pretending the Episcopal Clergy had expos'd themselves to the Hatred of the Rabble ; but in most Cases he acknowledges the Truth of the Relation , and then disowns the Actors were Presbyterians , and therefore the sober Presbyterians , he says , ought not to account for those Proceedings : Whereas it 's notoriously known , that these Persons whom he thus disowns and reflects upon , are the only true Presbyterians , and act in a close Conformity to their Principles , while others , pretending to a little more Sobriety and Moderation , have evidently deserted the Old Cause , and degenerated into a mungrel Constitution which they know not how to name . And notwithstanding that the Author disowns the Actors to be of their Communion , yet in his Vindication he is pleas'd to call them the Zealous Party , and represents them as pretty gentle , in that they made it their work only to deprive , and not to murder the Episcopal Ministers . In some particulars , the better to disguise and lessen the attested Matters of Fact of our late Persecution , he has brought a few Evidences and Attestations of some Witnesses , whom he looks upon as Men of Integrity and Credibility ; but they are those very Persons who were the principal Actors of that horrid Tragedy ; and how fair and candid dealing this is , I leave the World to judg . Is it to be suppos'd , that Men who had such a degree of Malice to act these unheard of Barbarities , will be at a loss for a little Impudence to deny them ? And yet this you 'll find to be the whole of his Vindication , after perusal of it , which I would advise you by all means to do , since , instead of answering , it rather confirms the Truth of the Accounts that have been given by the Eye-witnesses and Sufferers in that Persecution . There are lately publish'd some Remarks upon this Vindication , which are printed with another Book called , The Scotch Presbyterian Eloquence , which I shall have occasion to mention afterwards . But the Author of these Remarks has taken the pains to collect several of this Vindicator's Falshoods and Contradictions , with which every Page of his Book doth abound , and which may be sufficient to direct us in passing our Judgment on the whole ; he shews , how in some places he justifies or excuses the greatest Barbarities of the Presbyterian Rabble , and in other places disowns and condemns them ; so that he is not asham'd to contradict himself at every turn . It 's probable that ere long you may see this Vindicator more severely chastis'd , as he truly deserves , and therefore I 'll trouble you with no further Account of him at present , but leave him to the Correction of those that are chiefly concern'd to take notice of his Insolence , and shall conclude with this one Remark . That if these Men were in earnest to answer the Historical Relations of the Persecution published by the Episcopal Clergy , the most effectual and satisfactory way of confuting these Accounts , were to examin upon Oath before an impartial Judicatory , the Witnesses that attest all these publick Declarations printed in the Case of the afflicted Clergy ; and if they disown the truth of these Relations , or if the Ministers be not able to prove their several Declarations by sufficient and unexceptionable Witnesses , let them ever after be reputed as Men infamous for Lying and Calumny . This , methinks , is a fair way of dealing , and such as that Party ought not in reason to refuse , since they have the Government of the Nation in their hands , and may easily put it to a Tryal when they please . And till they do this , they must excuse the World to believe these Accounts of the Persecution to be true and genuine Relations , and to proceed neither from Malice nor Revenge . The next Period of the History of our Scotch Affairs , relates to the Visitation of the Universities , and other inferior Schools of Learning . The Presbyterian Ministers never thought themselves secure , were never at Peace and Quiet till they got this brought about ; they lookt upon them as Nurseries of such Plants as would infallibly overturn their Settlement and Constitution ; and therefore it was still the subject Matter of their Sermons before the Parliament , to press them to a speedy purging of the Universities , that the Youth of the Nation might not any longer be poyson'd with Loyal , Episcopal , and suchlike Antichristian Principles . This was their constant Topick for many Months together , and there was nothing gall'd them more than the delay of so desireable a Work ; but at last their Importunity was gratify'd ▪ and an Act of Parliament publish'd , constituting a Commission for visiting the Universities and other Schools and Seminaries of Learning within the Kingdom . This Commission divided themselves into several Committees for visiting the particular Universities , who were to make report to the General Commission of the Qualifications and Behaviour of the Professors and Regents in each University . And what the Methods of their proceeding in this Visitation were , you may easily learn from the History of what they did in relation to the Colledge of Edinburgh . It goes under this Title , Presbyterian Inquisition ; as it was lately practised against the Professors of the Colledge of Edinburgh , August and September 1690. In which the Spirit of Presbytery and their present Method of Procedure , is plainly discovered , Matter of Fact by undeniable instances cleared , and Libels against particular persons discussed . This Discourse is a sufficient demonstration to the World , what injustice and severity the Professors of this Colledge met with from their Presbyterian Visitors . It would not satisfie their Malice to strip them of their places and preferments , but they must likewise contrive some ways to ruin their Fame and Reputation , the better to palliate their own injustice . They invent Libels , and deliver them into the Visitors , no Accuser produc'd to own the Libel , * no Witnesses brought to prove any particular of it , and yet these Libels must be Registred and kept upon Record as Authentick Evidences , containing the Crimes for which the Professors were then deprived ; and all this with design to render them infamous not only in the present , but likewise to future Ages . It was this sort of treatment that obliged the Professors of the Colledge of Edinburgh , to publish a true Narrative of the Proceedings in their Visitation , that they might vindicate themselves from the aspersions cast upon them by these Libels , and let the World see , that the greatest Crimes their Adversaries had against them were their Sallaries and Revenues . In this Account you have a general Narrative of the Proceedings of the Committee against all the Members of that Colledge ; and particularly you have here inserted at large the whole Trials of two of their number , viz. Doctor Monro Principal of the Colledge , and Doctor Strachan Professor of Divinity . There you may see all the Articles Libelled against these two Doctors , to what necessity their Accusers were reduced , in being forc'd to invent mean and trifling Calumnies against Men of an unblemished Character ; you may see likewise their particular Answers to the Libels , wherein they have fully vindicated their Innocence against all those silly aspersions , that the utmost effort of their Adversaries Malice could contrive . The Author has likewise inserted in this Treatise , the Report of the Committee to General Commission in relation to these two Doctors , and the Commission 's Sentence of Deprivation against them , together with their several Animadversions upon the Report of the Committee . And that none might doubt of their partiality in this Affair , Mr. Andrew Massie's Libel is inserted , which , though notoriously true , owned and offered to be proved by persons of unquestionable Credit and Reputation , was not in the least enquired into , because he had declared himself to be of their Party . All these things you 'll find fully related in this Account , which in your reading will afford you Matter of Diverson as well as of Instruction . These are , I think the chief Discourses , that have been published by our Episcopal Divines , relating to the History of the Persecution under which their Church at present most heavily groans . But I must likewise beg leave to mention another Treatise lately come from the Press under this Title , The Scotch Presbyterian Eloquence , or the foolishness of their Teaching discovered from their Books , Sermons , and Prayers , and some Remarks on Mr. Rule 's late Vindication of the Kirk . The occasion of publishing this Tract , as I am inform'd , was this . You may observe that the Presbyterians of Scotland in all their Vindications , endeavour to justifie their Proceedings against the Orthodox Clergy with this Topick , by pretending that a great many of them were turn'd out meerly for their Ignorance and Insufficiency . This was the great Test by which the Presbyterian Teachers pretended to proceed in Judging and Depriving such of the Episcopal Clergy as condescended to appear before their Assemblies . Upon this account therefore , it seems , the Publisher of this Treatise thought it convenient , to inform the World a little of the Qualifications and Learning of our Presbyterian Doctors , and if it were possible , to make them sensible of their own Infirmities , and for the future asham'd of their Insolence , that they should pretend to Deprive Men for Ignorance , who are so many degrees above the reach of their low capacities ; that they , who in their Preachings and Writings appear to be not only void of all manner of Learning , but likewise destitute of common Sense and Reason , that that they should be so arrogant , as to think themselves fit Judges of any Man's Qualifications for the Office of the Holy Ministry . They might have acted perhaps more prudently , if they had set this Topick aside , and made choice of another Test for Depriving the Episcopal Clergy , and that is , as they are pleas'd to call it , the want of Grace ; then in all appearance , they had not given our Author this occasion of proclaiming to the World their scandalous Ignorance , and they would have acted more consonantly to their own Principles and Doctrines , when they run down all kind of Human Learning as a thing truly Antichristian . And here , Sir , I must tell you , that their particular despite against all manner of Learning is so observable , that when you return to Scotland , you 'll find your self deprived of the Society of many of these Learned and Ingenious Gentlemen , in whose Company and Conversation you were formerly wont to be so much Edified , and so highly pleased . They have not only Persecuted the Clergy at that rate , as to make some of our most eminent Divines leave the Kingdom ; but have likewise extended their Malice against the Learned Men of all other Professions , and discouraged them to that high degree , that they have forc'd some of the most Conspicuous of our Lawyers , Physi●ians and Mathematicians , to desert their Native Country , and take up their Residence among such as have a just value and esteem of their Merit and Desert . I could instance in all these Particulars , but that you your self will be too sensible of it , and the instances are so well known , and so generally exclaimed against , that the Presbyterians themselves begin to be somewhat asham'd of their Proceedings towards them . And truly no wonder , if they consider with what abhorrence and indignation their Posterity will remember them ; that they should have been such Hostes Patriae , such open and declared Enemies to their Native Country , as by their violent Proceedings to banish therefrom Men who were the Glory and Ornament of their Nation . This Discourse is a Collection of several remarkable Passages taken out of the Writings and Sermons of the Presbyterian Pastors ; in which their gross Ignorance in matters of Learning , and their ridiculous and almost blasphemous way of Worship is sufficiently described . The Author has collected a great many instances of the Madness and Delusions of the Presbyterian Vulgar ; how they are passionately moved with a Sermon of the greatest Nonsense , if it be pronounced but with a loud Voice and a whining Tone ; how they contemn the Creed , the Lord's Prayer , and the Ten Commandments , as childish Ordinances , and far below their Care or Concern ; and how upon their Death-beds they take it as a certain sign of Salvation , that in their life-time they never heard a Curate preach . These are such strong Delusions and Infatuations , that it 's easie to guess by what Spirit they are thus acted . In the next place he describes the peevish and unconversible Temper of their Pastors ; how they have enslav'd themselves so wholly to the Humors of their People , that to gratifie them , they must divest themselves of common Civility , as well as Christian Charity . He shews that their Pretences to Learning go no further than to understand the Doctrines of Election and Reprobation , and how by their indiscreet Sermons upon this Subject , they often drive many of the ignorant Multitude into such a high despair of God's Mercy , as to make them lay violent hands on themselves , and this they call The Saving of Souls . They infuse into the Minds of their Hearers sordid and low Notions of the high and eternal God ; they represent him as a severe and unmerciful Being , and have not the Prudence to intermix God's Offers of Mercy with his Threatnings . They not only force their Followers into Despair , but likewise sometimes encourage them in direct Impieties , by telling them , that if they be among the number of the Elect , they may be guilty of the greatest Sins without hazarding their Salvation . They talk of the greatest Mysteries of Religion in such homely , coarse , and ridiculous Expressions , as are very unsuitable to the Gravity and Solemnity with which these sacred Mysteries ought to be treated . And all these Particulars the Author of this Treatise proves against them by such undeniable Instances , that I believe they 'll hardly be so bold as to offer to confute them , least thereby they expose themselves to the greater Scorn and Derision . I think I need not caution you to read this Discourse I here speak of , with a due Regard and Veneration to those sacred things you see thus polluted and prophaned ; and not to improve it to such a bad use , as I too much fear some of our open Prophaners of all Religion will be inclin'd to do . I know you have more just and adequate Notions of the Divine Majesty , and of the Mysteries of our Holy Religion , than to entertain the meaner Thoughts of these holy and sacred things , because you see them prophan'd in this manner by the Mouths of such sordid and silly Creatures ; you know that Pearls cast before the Swine lose nothing of their intrinsick Worth and Value . I must therefore intreat you to improve the reading of this Treatise to the true design for which it was publish'd , viz. That all good Men , being rightly inform'd of the present Misery and Desolation of the Church of Scotland , and being sensible of the great Detriment that accrues thereby to Religion in general , may contribute their assistance , what by their Prayers and other lawful means , for restoring that National Church to its Primitive and Apostolical Institution ; that Religion may again flourish there as the Palm-tree , and all manner of Iniquity being depress'd , Judgment may as yet run down our Streets like a River , and Righteousness like a mighty Stream . Is it a matter of no moment , to see a whole National Church , with its Apostolical Government , quite overturn'd and destroy'd ? To see many Hundreds of the Ministers of God's Word , together with their Families , expos'd to the extreme Necessities of Poverty and Want , and by that means to the Contempt of the Laity ? To see them thus sacrific'd to the Fury and Rage of a blind and bigotted Party ? Is it nothing to see Religion in this manner abused and polluted by sordid and stupid Men , who assume to themselves the Name of Pastors ? To see them prophane the sacred Mysteries of our holy Religion by their Drollery and Ridicule ? To behold many Christians in a Kingdom wandering to and fro , without any Guide to direct them in the ways and means of Salvation , or which is worse , having only such Teachers as entertain them with Nonsense and Blasphemy , and infuse into their Minds such seditious Principles and Doctrines as must inevitably tend to their Ruin and Destruction ? These are Matters not of mere Jest and Diversion , but of great Concern and Importance , and will at last prove to be of far more fatal Consequences than , I fear , many of us are aware of . If this Deluge of Atheism and Impiety , which these Men are too too likely to introduce into that Kingdom , by venting such nauseous and ridiculous stuff in their Prayers and Sermons ; I say , if this Deluge be not timely prevented , but be suffered to go on without any stop or hindrance , it will not be found very easie to rid the Nation of the bad Effects of it for many Generations . Having now gone through all the Discourses that have been publish'd on both sides , concerning our late Revolution in Church Matters , I think it may not be amiss to acquaint you with two or three other Treatises , which , tho they principally relate to the Civil Affairs of our Nation , yet do contain some things that concern likewise our Church Affairs . The first of them is entituled thus , The late Proceedings and Votes of the Parliament of Scotland , contain'd in an Address deliver'd to the King , sign'd by the plurality of the Members thereof , stated and vindicated . That you may rightly understand the occasion of printing this Discourse , It is necessary to acquaint you , That after the Convention of Estates in Scotland had devolved the Government of that Kingdom upon K. William and Q. Mary , they fell into great Heats and Animosities among themselves . What the causes of these Divisions were , I am not at present concerned to enquire , but divided they were into several Parties , one of which went ordinarily under the Name of the Club. It consisted of a great many Members of Parliament , who were most of them Presbyterians , and zealously affected to the present Government , haveing appeared very active and industrious in dethroning K. James , and advancing K. William and Q. Mary to the Throne . This Party combin'd together to obstruct and oppose all Matters brought into the Parliament , till they should first get their Grievances against the former Governments redress'd by this , according to their Claim of Right . They alledged K. William had refused Satisfaction and Redress to these Points of the Grievances which were most material , and that he was so far from performance , that both he and his Ministers deny'd there lay any Obligation upon them for that end ; so that in this Revolution , they pretended the People did only observe a change of Masters , but no ease of Burden , or redress of Laws . And this obliged them to send up an Address to K. William , subscrib'd by the greatest part of the Members of Parliament of Scotland , representing to him the Grievances which they wanted to be redress'd in the present Parliament . This Address was deliver'd to him by the Earl of Annandale , the Lord Rosse , and Sir James Montgomery of Skelmurly , at Hampton Court , the 15th . day of October , 1689. They were much dissatisfy'd with the Ministers of State whom King William had received into his Councils and Service , alledging that he had made choice of those very Men , who had been the Instruments of K. James ' Miseries and Ruine , by advising him to these Courses that had robb'd him of the Hearts of his Subjects . It was these Ministers whom they blam'd as the Authors of all the Differences that had arisen betwixt K. William and his Parliament in Scotland ; they thought his delaying to gratifie their Desires , proceeded merely from the sinister Misrepresentations given him of their Demands as illegal , and as Encroachments upon the Royal Authority . And therefore , to justifie their Actions , they publish'd this Treatise and their Address to King William , to shew , that what they desired therein was agreeable to all the Rules of Law , Religion and Policy . The Author has inserted at large the several contested Votes of Parliament , to which K. William had refused his assent , and he endeavours to demonstrate the Legality , Reasonableness , and Necessity of them , by proving them to be in all Points agreeable to the antient Laws and Customs of that Nation . This has produced us another Discourse on the same Subject , in answer to the former . It is call'd , An Account of the Affairs of Scotland , in relation to their Religious and Civil Rights . Here our Author undertakes to satisfie the World , that K. William had offer'd to the Parliament in Scotland all the Satisfaction and Redress of their Grievances that reasonable Men could expect ; and that the true Source and Fountain whence proceeded all the Complaints of the discontented Party , was , that some of their Number were not advanc'd to such honourable and advantageous Posts of the State , as they thought they had merited by their Zeal for K. William , and the eminent Services they had done him in advancing his Interest in that Kingdom . And to evince what he undertakes , he has set down at length the Grievances themselves , and the Redress offer'd them by King William in his Instructions to his Commissioner , and makes some Reflections on both . If you encline to search any further into the History of these Debates betwixt K. William and his Parliament , you may consult the Treatises themselves , to which I refer you . I suppose you may have heard how active and diligent the Presbyterians in Scotland have been ever since this late Revolution , to exclaim against the Injustice and Severity of the former Reigns , and particularly that of K. Charles II. ( under whose Administration we enjoyed so much Peace and Tranquillity ) whom they charge with Tyranny and Oppression , Cruelty and Persecution against them and their Adherents ; and reproach his Ministers of State as Subverters of the Laws of the Kingdom , and Betrayers of the Liberties and Property of the Subject . The bad Impression which these Clamours made upon Strangers that were ignorant of these Transactions , obliged Sir Geo. Mackenzie , ( who had been Advocate to K. Charles II. and was principally aim'd at in many of the Reflections cast upon the Government and its Ministers ) to vindicate his Majesty K. Charles and his Ministers of State , from these Calumnies and Aspersions so unjustly thrown upon them . And this he has very fully and satisfactorily done in a Discourse publish'd after his Death , and called , A Vindication of the Government in Scotland , during the Reign of K. Charles II , against Misrepresentations made in several scandalous Pamphlets . To which is added , The Method of proceeding against Criminals , as also some of the Phanatical Covenants , as they were printed and published by themselves in that Reign . By Sir George Maekenzie , late Lord Advocate there . In this Treatise we have a short Narrative of the Proceedings of that Government in relation to the Presbyterian Dissenters , which alone is sufficient to undeceive Persons that have been imposed upon by Misrepresentations , and to confute all the malicious Calumnies raised against the Government . For when we consider the frequent Rebellions and Commotions which the Presbyterians raised during the Reign of King Charles II. we shall soon find that those Acts of the Government , which they tax with the greatest Severity , savour of nothing but Mildness and Lenity , and that the Government proceeded by the slowest steps imaginable to punish those who openly own'd their Designs of subverting the Monarchy . The Authour has collected all the Objections and Instances of pretended Cruelty against the Government , which the Malice of its Enemies could contrive , and has answer'd them beyond the possibility of a Reply . The Publisher has subjoyned a Collection of original Papers publish'd by themselves , which contain an Account of their avowed Principles and Practices , and from thence you may easily judg how consistent it is with the Security of any Government , to suffer the Propagation of such wicked and seditious Principles . But I think you cannot have a more impartial and true Account of their Principles , nor a fuller Vindication of the Proceedings of the Government against this rebellious Party , than from a Book lately publish'd under this Title , The History of Scotch Presbytery , being an Epitome of the Hind let loose , by Mr. Shields . With a Preface by a Presbyter of the Church of Scotland . It is Epitome of a larger Book published by Mr. Alexander Shields , one of their most eminent Preachers , and a zealous Defender of the good old Cause . Here we have a true Description of the Temper and Genius of the whole Party , and it discovers the true Spirit of the Presbyterian Gospel . There is none of them that b●tter understands the true Tenets of the Presbyterians , nor is more consequential to their Principles ; for he fairly sets down their Doctrines and Opinions , and disowns none of the most absurd and pernicious Consequences that naturally flow from them . He gives us an Historical Account of their many Insurrections and Rebellions against the Civil Government , and very frankly owns and justifies them all , together with several of their barbarous Murders committed upon the Archbishop of S. Andrews , and some others , ; so that by a slight view of this Book , you may easily judg , whether any Government of whatever species can subsist where such Principles and Doctrines are suffer'd to be propagated among the Subjects . And now , Sir , I have satisfied your desire as fully as possibly I could ; I have given you an exact Account of the most , if not all the considerable Treatises that have been Printed with respect to the present Persecution of the Church of Scotland , and that you may be the better able to judge of the truth and certainty of it , I have set down the Treatises published by both Parties ; and likewise that you may the more easily procure any of them you are desirous to read , I have subjoyned to this Letter a Catalogue of them all with the names of the Booksellers by whom they are to be sold . I think it is sufficiently evident from the foregoing Collection , what Sufferings the Orthodox Clergy in Scotland have endured , and how unaccountable the Proceedings of the Presbyterians are towards them ; and which is most to be lamented , the present miserable state and condition of the whole National Church , and the great prejudice that Religion sustains by the overthrow thereof , is no less apparent . How much it concerns all Sober and Religious Men to contribute their endeavours , for delivering that Oppressed Church from the Miseries and Calamities under which it at present Groans , I hope we are all sensible ; and therefore I shall give you no further trouble but of this one request , which is , That you would be careful to inform all persons with whom you may chance to converse , of the present deplorable state of Affairs in Scotland , that every one may lend their assistance for rescuing the Revered Clergy of that Kingdom from under their present Sufferings and Oppressions , that the Rod of the wicked may lye no longer upon the back of the Righteous , least they stretch forth their hand unto Iniquity , and likewise that our National Church may be restored to its Primitive Order and Beauty . This is the earnest desire of June 1● . 1692. Sir , Your most affectionate and humble Servant . A Catalogue of Books mention'd in the foregoing Letter . A Memorial for his Highness the Prince of Orange in relation to the Affairs of Scotland , &c. London Printed for Randal Taylor near Stationers-Hall . 1689. The present State and Condition of the Clergy and Church of Scotland . London Printed . A brief and true Account of the Sufferings of the Church of Scotland occasioned by the Episcopalians since the year 1660. &c. London Printed Anno 1690. The Prelatical Church-man against the Phanatical Kirk-man , &c. London Printed Anno 1690. An account of the present Persecution of the Church of Scotland in several Letters . London Printed for S. Cook Anno 1690. . The Case of the present afflicted Clergy in Scotland truly represented . London Printed for J. Hindmarsh at the Golden Ball over against the Royal Exchange in Cornhill . 1690. A late Letter concerning the Sufferings of the Episcopal Clergy in Scotland . London Printed for Robert Clavel at the Peacock in St. Paul 's Church-Yard . 1691. Some Questions resolved concerning Episcopal and Presbyterian Government in Scotland . London Printed , and are to be sold by Randal Taylor near Stationers-Hall . 1690. The Danger of the Church of England from a General Assembly of Covenanters in Scotland . London Printed for Tho. Bennet at the Half-Moon in St. Paul 's Church-Yard , and John Hovell , Bookseller in Oxon. 1690. A Vindication of the Church of Scotland , being an Answer to a Paper , Intituled , Some Questions concerning Episcopal and Presbyterian Government in Scotland , &c. London Printed for Tho. Salusbury at the Sign of the Temple near Temple-Bar in Fleetstreet . 1691. An Historical Relation of the late General Assembly held at Edinburgh , &c. London Printed for J. Hindmarsh at the Golden Ball in Cornhill , near the Royal Exchange . 1691. A Continuation of the Historical Relation of the late General Assembly in Scotland . London Printed for Sam. Keeble , at the Great Turks head in Fleetstreet , over against Fetter-lane-end . 1691. A Vindication of the Church of Scotland , being an Answer to five Pamphlets . Printed at Edinburgh , and reprinted at London , for Tho. Parkhurst at the Bible and Three Crowns near Mercers Chappel in Cheapside . 1691. Presbyterian Inquisition , as it was lately practised against the Professors of the Colledge of Edinburgh . London Printed for J. Hindmarsh at the Golden Ball in Cornhill . 1691. The Scotch Presbyterian Eloquence , or the foolishness of their Teaching discovered from their Books , Sermons and Prayers , London Printed for Randal Taylor near Stationers-Hall , 1692. The late Proceedings and Votes of the Parliament of Scotland , contained in an Address delivered to the King. Glasgow Printed by Andrew Hepburn 1689. An Account of the Affairs of Scotland in relation to their Religious and Civil Rights . London Printed , and are to be sold by Richard Bald●in in the Great Old Baily near the Black Bull. 1690. A Vindication of the Government in Scotland , during the Reign of King Charles II. By Sir George Mackenzie late Lord Advocate there . London Printed for J. Hindmarsh at the Golden Ball in Cornhill . The History of Scotch Presbytery , being an Epitome of the Hind let loose , by Mr. Shields . London Printed for J. Hindmarsh at the Golden Ball in Cornhill . 1692. FINIS . Notes, typically marginal, from the original text Notes for div A51157-e170 * Vid. The Presbyterian Eloquence lately printed . * Dr. Hardy , at Edinburgh . * Mr. Shields in his Remarks upon the Presbyterian Addresses to K. James , at the end of his Hind let loose . * Mr. Alexander Pitcairn . † Mr. Gilbert Rule . * Or Pasonage-House . † Shrove-Tuesday . * And refused when legally required . 
A51203	----	The declaration of His Excellencie James Marquis of Montrosse, Earle of Kilcairn, Lord Greme, Baron of Mont-Dieu, Lievtenant Governour of Scotland, and Captaine Generall of all His Majesties forces by sea or land, for that kingdome Montrose, James Graham, Marquis of, 1612-1650. This text is an enriched version of the TCP digital transcription A51203 of text R202891 in the English Short Title Catalog (Wing M2516A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 53 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A51203 Wing M2516A ESTC R202891 99825196 99825196 29573 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51203) Transcribed from: (Early English Books Online ; image set 29573) Images scanned from microfilm: (Early English books, 1641-1700 ; 2191:16) The declaration of His Excellencie James Marquis of Montrosse, Earle of Kilcairn, Lord Greme, Baron of Mont-Dieu, Lievtenant Governour of Scotland, and Captaine Generall of all His Majesties forces by sea or land, for that kingdome Montrose, James Graham, Marquis of, 1612-1650. Scotland. Parliament. aut [2], 22 p. printed for Matthew Simmons, next doore to the Golden Lyon in Aldersgate Streete, London : 1649 [i.e. 1650] Includes a partial reprinting of and reply to: A declaration of the Committee of Estates of the Parliament of Scotland, in vindication of their proceedings from the aspersions of a scandalous pamphlet, published by that excommunicate traytor, James Grahame. Under the title of a Declaration of James Marques of Montrosse, &c. Printed in the year, 1649. "Extracts of a declaration of the Committee of Estates of the Parliament of Scotland" has title page on A4v, with imprint: Edinburgh, printed by Evan Tyler, printer to the Kings most Excellent Majestie. 24. January. 1650. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. eng Montrose, James Graham, -- Marquis of, 1612-1650 -- Early works to 1800. Scotland. -- Parliament. -- Declaration of the Committee of Estates of the Parliament of Scotland, in vindication of their proceedings from the aspersions of a scandalous pamphlet, published by that excommunicate traytor, James Grahame. Under the title of a Declaration of James Marques of Montrosse, &c. Printed in the year, 1649 -- Controversial literature -- Early works to 1800. Scotland -- History -- 1642-1649 -- Early works to 1800. A51203 R202891 (Wing M2516A). civilwar no The declaration of His Excellencie James Marquis of Montrosse, Earle of Kilcairn, Lord Greme, Baron of Mont-Dieu, Lievtenant Governour of Sc Montrose, James Graham, Marquis of 1650 9403 78 0 0 0 0 0 83 D The rate of 83 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2003-07 TCP Assigned for keying and markup 2003-07 SPi Global Keyed and coded from ProQuest page images 2004-01 Judith Siefring Sampled and proofread 2004-07 SPi Global Rekeyed and resubmitted 2004-11 Judith Siefring Sampled and proofread 2004-11 Judith Siefring Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion THE DECLARATION OF HIS EXCELLENCIE JAMES Marquis of Montrosse , Earle of Kilcairn , Lord Greme , Baron of Mont-Dieu , Lievtenant Governour of Scotland , and Captaine Generall of all His Majesties Forces by Sea or Land , for that Kingdome . LONDON ; Printed for Matthew Simmons , next doore to the Golden Lyon , in Aldersgate Streete . 1649. THE DECLARATION OF HIS EXCELLENCIE JAMES Marquis of Montrosse , Earl of Kincairn , Lord Greme , Baron of Mont-Dieu , Lievtenant Governour of Scotland , and Captaine Generall of all His Majesties Forces by Sea or Land for that Kingdome . HOwever the Justice of His Majesties cause , the wickednesse of those Rebells , and my own Integrity , are all of them so cleare and evident , that to doe any thing which in the least measure may seeme to descend to a dispute , or to hold such enemies as a considerable partie , may rather be interpreted as an act both of publicke injustice to his sacred Majestie , and private injurie to my selfe , then of Dutie , or Equitie : Yet the further to confirme the world in a truth so generally known , and acknowledged , the more to encourage those who will Engage with mee , and the more powerfully to disabuse those , who have hitherto unwillingly been involved , and out of their simplicitie inveigled in those desperate courses ▪ I doe in the name of his most sacred Majestie , and by vertue of the po●●● , and authoritie by Him graunted to me DECLARE . THat howbeit there hath been ( and still is ) a most Horrid , and Infamous faction of Rebells , in the Kingdome of Scotland , who as at first they did hatch a most groundlesse Rebellion against his Majestie of ever glorious memorie , so when his Majestie had graunted them ( by their own confession ) even all their violent and most injust demands , they were notwithstanding so farre from being satisfied therewith , that ( being themselves unable to finde any further pretences ) they did perjuriously sollicite a partie in the Kingdome of England to begin there , where shame or necessitie had forced them to breake off . And when the English ( being , by much , lesse wicked ) would often have been contented with his Majesties extraordinarie Concessions , for as then many did not intend those desperate lengths ( which the fa●all successe of a Rebellious warre , and the cruell craf●i●esse of some m●licious , hollow-hearted men did thereafter drive them unto ) these notable J●gglers , ( to adde oyle to the fire , and to keep green wounds still raw ) did intrude themselves into their counsells , till they had brought : affaires into a condition past all cure . And not contented to act this their so b●oudie a Tragedi● in the foxe skinne alone , or as it were behind the hangings , ( which indeed could never have compassed all their wicked ends ) when they had received all Imaginable satisfaction at home ( witnesse their very own publicke Acts of Parliament , wherein they confesse that His Late M●j●sty parted a co●tented King from a contented people . ) They pull off the 〈◊〉 , and appea●e in that of a Lyon , or rather a Wolfe , a beast , as farre lesse Generou● , so farre more Cruell . For when they found their Rebell-brood , which they had begot in England , begin to lessen , and that his Majesties partie appeared to have by much the better , They , ( not onely contrary to the dutie of Subjects , but also contrary to all Faith , Covenants , Oaths , Attestations , to which they had so often invoked God , his Angells , and all the world as witnesse , ) did enter the Kingdom● of England with a strong Armie , did persecute their own Prince in a forraigne Countrey , did assist strange Rebells against their native King , and all those who continued in their Loyaltie to his Majestie in that Kingdome ; which trayterous p●oceedings of theirs , the whole world doth know , was the onely cause which stopped the course of his Majesties victories , and of bringing that unnaturall warre to such a conclusion , as all good men could have wished . And not ashamed of all this ( which even many of their owne partie doe blush to own ) when his late Majestie reduced ( by God knowes how many Treacheri●s ) to thinke upon courses of greatest extremitie for his safetie , was pleased ( of his invincible goodnesse , and naturall inclination towards his owne native people , notwithstanding all their former Treasons and Rebellions ) to commit himselfe to the protection of that Ignoble , and Ingratefull faction , hoping that whom his Greatnesse , and their owne dutie could not oblige , His miserie at least , and an act of so great Trust , and Confidence , might move to pittie , and Compassion : They , contrary to all Faith , and pactions , Dutie of Subjects , Lawes of Hospitalitie , Nature , Nations Divine , or Humane , an action so barbarous , ( which as it never had any president that it may follow , so wee hope it will never be followed by any subsequent imitation ) most infamousl● , and beyond all possible expressions of Basenesse , to the blush of Christians , and the abomination of all mankinde ) sold their Soveraigne to their mercilesse fellow-Rebells , and fellow-Traitors , to be by them Murthered . For it is more then too too evident by the frequent , and secret intercourses both before , and at the time of that horrid , never enough detested parricide , and by their mutuall correspondence , and familiarity since , that the Rebellious factions in both Nations did unanimously conspire and plot the Destruction of His late Gracious Majesty , now a glorious Martyr : nor is it a small aggravation ( if any circumstance can aggravate so bloody a deed ) that his late Majesty justly jealous of their more then Punick faiths , did resolve first to engage them to his protection before he would put himselfe into their hands ; of which by a long Treaty and many intercourses he received all manner of Assurance . This indeed they are so much ashamed of , that they would gladly cover it with some frivolous excuses ; yet the secret guilt of their owne consciences , and the Publick knowledge the World hath of so undeniable a Truth , shuts up even their most im●udent mouthes in silence . And so little are these God●ie ▪ and Religious men toucht with any sence of what mischieves they have already done , that they begin afresh with his Majestie Our now Gracious Soveraigne upon the same score , where they left with his Father of ever blessed memorie . They Declare him indeed to be their King , but with such conditions , and provisoes , as Robb him of all right and power . For while they pretend to give him a little , which he must accept of as from them , they spoile him of all that power and authority , which the Law of God , of Nature , and of the Land , hath invested him with , by so long continued descent from his famous predecessors : They presse him to joyne with those , who by a sacrilegious Covenant have confederated all his Dominions in Rebellion , and laid all Royall power in the Dust , which in effect were nothing better then that he himselfe should asperse with infamy the sacred memory of his ever glorious Father , that he should with his owne hands destroy himselfe , and ruine all such , who have still beene loyall to him in his thr●e Kingdomes . These are the men , who first entring England sollicited those of their faction to rise in that desperate Rebellion ( as a prolouge to the ensuing Tragedie which they meant to act ) These are they who were the chiefe , and maine instruments of all the Battaills , slaughters , and bloody occasions within that or their owne Kingdome ; These are they who sold their Soveraigne , to a bloody and infamous death ; yea these are they , who still digg in his Grave , and who are more pernitiously hatching the destruction of his present Majesty , by the same bare , old , antiquated treacheries , then ever they did that of his most excellent , and most innocent Father . NOtwithstanding all which because the greatest part of the People of the Kingdome of Scotland , hath beene hitherto ignorantly misguided to follow their Leaders , not knowing the pernicious ends their wicked Counsells did drive at , which they had wrapped up in specious coverings ; but have now most of them ( by Gods mercy ) their eyes opened , and their hearts inflamed to returne ( at least in their desires ) to their due obedience towards their most Gratious Soveraigne : And because even in the worst times there never ●anted a loyall partie of men of all sorts , and conditions , who still gave evident Demonstrations of their unwearied loyallty and fidelity , their sincere duties and affections to their dread Soveraigne , His Majesty even in contemplation of those righteous ones is mooved with a tender passion of all such , who now at last , have a true remorse , and doe seriously repent them of their former Error● , and wickednesse . His gracious Majestie therefore , out of a Fatherly affection to all his people , and subjects , especially those of the Kingdome of Scotland , is not onely willing , and ready to pardon all , and every one ( ●xcepting such who upon cleare evidences shall be found guilty of that most damnable parricide on the person of his Deare Father ) who upon the sight or knowledge of this Our Declaration , doe immediately , or with the first possible opportunity , abandon those Rebells , and rise , and joyne with us , and our Fo●c●s , in this present service . But also promiseth in the word of a Prince , ( which he desires all men to be most assuredly perswaded of ) that so soone as God shall be pleased to inable him , he will with the advise , and consent of the lawfull , and ordinary supreme , Judicatories in that Kingdome , ratifie and confirme whatever hath been done by his Royal Father , in order to their peace . Nor doth his Majesty requi●e or demand any more of them but that they would returne to their dutyfull obedience , and afford him their faithfull Service to revenge that horrid murther of his Royal Father , to reestabli●h himselfe in his just power and Government , and to procure their owne perpetuall peace and happinesse . Wherefore , what ever true Scotch-man there is , who hath any sence of his duty left him towards God , his King , Countrey , Friends , Wife , Children , or Houses , or would change ( now at last ) the Tyranny , violence , or oppression of those Reb●lls , with the mild , and innocent Government of their just Prince , or revenge the horrid and execrable murther of their sacred King , redeeme their Nation from infamy , and themselves from slavery , restore the present , and oblige all ages to come . Let them as Christians , Subjects , Patriots , Friends , Husbands , and Fathers , joyne th●mselves forthwith with us , in this present service which is so full of Conscience , Duty , Honor , and all just interests . And let no man so much feare , or apprehend things future , and uncertaine , as abhor those present evills , under which they groane , since no calamities can match , much lesse outstrip , that vile and unjust servitude , which now oppresses them . For however at the first blush the enterprize may seeme hard , and full of many and great difficulties , yet let not Christians and men of courage doubt of Gods Justice , and that perpetuall care wherewith he watches over Princes , or their owne resolutions , or the fortunes of those with whom they are joyned , and by whom they are Commanded . But let them resolve with Joab to play the men for their people , and the Citties of their God . And let the Lord doe what seemeth him good wherein whatever shall befall them , they may , at least be assured of CRASTINUS his recompence , that Dead , or a Live , the World will owe and pay them deserved thanks . MONTROSSE . THe Declaration of the Scotts in answer to this of Montrosse , being very long , and much of it , tending onely to justifie their proceedings while their Army was in England , being that with which they have often vexed the Presse before , and which for the most part hath received such Answers as were never replyed unto ; I have thought fit to save the reading of that which is not to the present purpose , to Extract out of their large Declaration onely those Passages that looke at the person of Montrosse : this being intended , onely to shew the world what Opinion they professe to have of each other . EXTRACTS OF A DECLARATION OF THE COMMITTEE OF ESTATES Of the Parliament of SCOTLAND . In Vindication of their proceedings from the aspersions of a scandalous Pamphlet , published by that excommunicate Traytor , JAMES GRAHAME . Vnder the title of a Declaration of James Marques of Monrosse , &c. Printed in the yeare , 1649. AS ALSO OF A DECLARATION And Warning unto all the Members of this KIRK and KINGDOM , In answer to a paper intituled and reputed the Declaration of JAMES GRAHAME By the Commission of the Generall Assembly of the Kirk of Scotland . EDINBVRGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majestie . 24. January . 1650. EXTRACTS OUT OF A DECLARATION of the Committee of Estates of the Parliament of Scotland , In Vindication of their proceedings from the aspersions of a scandalous Pamphlet , published by that excommunicate Traytor , James Grahame , under the title of a Declaration of James Marques of Montrosse , &c. Printed 1649. IT may seem strange to such as know the state of affaires in this Kingdome , that we should thinke it worth the while to answer the slanders and groundlesse reproaches of that viperous brood of Sathan , James Grahame , whom the Estates of Parliament have long since declared traytor , the Church hath delivered into the hands of the devill , and the Nation doth generally detest and abhor . Since we know there hath been and will be in all ages a wicked rabble of godlesse men , who make it their worke to follow the righteous cause with aspersions and calumnies , and it is an endlesse labour to answer every voyce that speaks against the truth ; and seeing also at length the innocencie of our cause , the integrity of our hearts , and the candor of our actions will prevaile over the malicious tongues of our adversaries , yet because our silence may be subject to misconstruction , and some of the weaker sort may be inveagled by the bold assertions and railing accusations of this impudent Braggard , presenting himselfe to the view of the world , clothed with his Majesties Authority as Lievtenant Governour and Captain Generall of this Kingdom : We shall shortly answer what is said against us , take off the ma●ke which he hath put on , and expose him to publick view in his own apparell . This excommunicate Traytor in the first place , chargeth his own Nation with hatching a Rebellion in this Kingdome , then with the promoting the like in England , and lastly , with the sale and murther of their native King , and robbing his Son of all right ; horrid crimes indeed , if true : But , &c. His l●st and main forgeries against us , are , that his late Majesty being red●cted to thinke on extream courses , did engage us by a Treaty , and having got all manner of assurance from us , did cast himselfe in the hands of our Army which was sent into England for assistance of the two Houses of Parliament against the Popish , Prelaticall and Malignant party ; And that we , contrary to all faith , p●ction and duty , sold our Soveraign , and afterwards complotted his destruction , and now begin upon the same score with the Son , d●claring him King with provisoes , and robing him of all right while we would seeme to give some unto him , and are more perniciously hatching the destruction of his present Majestie then ever we did his sacred Fathers . What a strange contexture of multiplied lies doth this malicious man heap together ? In all this , there is not one word true , save one , that his Majestie was redacted to think on extream courses , and that makes against him ; for Sir Thomas Fairfax , having defeated the Kings forces in the fields , suddenly resolves to block up Oxford , where the King was in person , thinking that the shortest way to put an end to their troubles , wherewith his Majestie being surprized , privatly escapes with two or three from Oxford , &c. And that it is a malicious wicked device and manifest untruth , that wee sold our King ; wee abhorre the very thought of it as sincerely as wee doe abhominate the treacherous actions of that perfidious Traytor James Grahame , who , as a childe of the Devil , hates to speake truth . As to the remainder of that which is said against us by that wretched man , that wee complotted his late Majesties destruction , and have Declared his Sonne King with provisoes , robbing him of all right , and are more perniciously hatching the destruction of his present Majestie then ever wee did his royall Fathers . Wee say no person on earth has contributed more toward his Majesties ruine then James Grahame himselfe . In the beginning of our troubles , the Lord having put it into the hearts of his people of this Land to renew their nationall Covenant formerly taken by King James , in the yeare 1580. That dissembling Hypocrite James Grahame , then Earle of Montrosse , did with teares in his eyes , and both his hands lifted up to Heaven sweare the words of that Covenant unto the Lord , in the publick Assembly of his people ; but being a man of a meane and desperate fortune , and not meeting with that esteeme and reward which be in his vanity , proposed to himselfe , at the first pacification he began to hearken to the promises of the Court , and to study a faction within ; and hold correspondence with the adverse pa●ty without the Kingdome , and by false information , to d●v●de his Maje●ty f●om his people . ●is base and treacherous practises were dive●se times discovered , and himselfe made ashamed , yet would he not give over untill at length he was made prisoner in the Castle of Edinburgh , and afterward brought to his Tryall before the Committee , for tryall of plotters and incendiaries , appoynted by his Majesty , and the estates of Parliament , where he was found guilty of perjury and treachery , and had he then received his due punishment according to justice , he had not troubled the World since ; but such was the mercy and favour of his Majesty , and the Estates of Parliament , as he was pardoned , and no further Censure inflicted upon him , but that his Majesty declared and caused it to be inserted in the records of Parliament , that he should be incapable of any office or place , in the Court or Common wealth , and not have accesse to his Majesties person ; yet not long after his enlargement , contrary to his owne promise and the Articles of the large Treaty betwixt his Majesty and this Kingdome , he repaired to his Majesty in England , and obtained a Commission for invading his native Countrey , which shortly thereafter he did attempt upon the South borders , and was repulsed , but rather then faile in his designes , he choosed to joyne himselfe with that Barbarous crew of Popish Irish Rebells , which invaded this Kingdome upon the North , with whose assistance ( and of some unnaturall Countrymen , voyd of all Religion and humanity ) taking advantage of the qui●tnesse and security of this Kingdome , when their Armies were abroad in England and Ireland , he did cruelly destroy with the Sword diverse thousands of his owne Countreymen , spoyled many of their goods , burned Houses and Cornes , ravished Women , murthered old and young , killed Ministers , complyed with Papists , countenanced Idolaters , and despised the Worship of God ; for which abominable Crimes , and his Rebellion and Treason , as he was excommunicated by the Church , so he was declared Traitor by the Estates of Parliament , his Coat of Armes torne , and his Estate forefaulted : But for all this , he is not weary of committing wickednes , and therefore would returne into this Kingdome to over-act all his former transgressions and abominations . But if he shall come , we trust in God it is that he may be brought to a shamefull death , and cursed end , and here receive from the hand of justice his deserved punishment , where he hath murthered so many of the Lords people , and Julian-like hath made Apostasie from that cause and Covenant to which he was so Solemnly Engaged by Oath and Subscription . To gaine supplies abroad and assistance at home , this vaine m●● doth publish this his Declaration under the name and Title of Lievtenant Governour and Captaine Generall for his Majesty of the Kingdome of Scotland . Upon what bare pretences he did formerly obtaine a Commission from his late Majesty to invade this Kingdome , we shall not now descant , bu● we are very sure that there was scarce any act his Made could have done that was more destructive to his owne interest or more displeasing to this K●ngedom● , it being expresly contrary to the ties and bands betwixt King and people ; and here we may justly retort upon James Grahame , that he doth begin with the Son upon the same score that he left with the Father , for whither he hath really obtained such a Commision from his Majesty , or doth onely abuse his name , certainly he is not capable of doing his Majesty greater dis-service then is held forth in that Declaration . The King received our Commissions in Holland , and the Parliaments Letter , and treated with them , he denyed that he had given any Commission to James Grahame , or any other , to invade this Kingdome , and promised a further answer to our desires , by an Expresse from himselfe which is never yet come unto us . The straine and scope of the Declaration makes the whole N●tion , the party whom his Majesty gives Commission to invade and destroy , for it condemnes all the proceedings of the Kingdome : even at the very first beginning of these troubles , as the Rebellion of an horrid and infamous faction of Rebells , at first causlesly ha●ched against his late Majesty of glorious memory , notwithstanding they were approved by his Majesty in the yeare 1639. at the Treaty at Berwick , wherein James Grahame himselfe was an actor and consenter . It condemns all the proceedings of this Kingdome in the yeare 1640. notwithstanding his Majesty is obliged in the large Treaty ( which is ratified in the Parliament of both Kingdomes ) for himselfe and his successors by his promise in verbo Principis , never to come in the contrary thereof , nor any thing therein contained , but to hold the same firme and stable in all poynts , and that he shall cause it to be truely observed by all his Majesties Leidges , according to the tenour and intent thereof for now and ever , these are the very words of the Treaty . And now what can be imagined to be a security to the Subjects of this Kingdome , if that which their King is solmnly ingaged unto by promise , for himselfe and his successours , in verbo Principis , and confirmed in the Parliaments of both Kingdomes , shall not onely be questioned , but their desires agreed unto by his Majesty declared to be violent and most unjust . And all this is not enough to quarrell Treaties and Established lawes , and to accuse the whole Nation , but they are by this Declaration accounted more wicked then any in England , or I●●l●nd , this miserable miscreant is better pleased with the Sectaries or the Irish Rebells , then with his native Countrey , wherein he declares his Apostacy to be of such a stamp , as he can sooner reconcile with all the World , the● with the cause and Covenant , which he did once sweare to maintaine and defend . If he may but sit and judge all those in the Kingdome , who have kept the Oath of God , and made conscience of their Covenant , shall be found accessory to the murther and ruine of the King , and all those who have perjured themselves , and made apostacy from the cause and Covenant , as he hath done , shall be justified as the onely righteous persons of the Nation , as he is pleased to style them in his Declaration . Neither is this the height of his insolency and ambition , but in the Frontispeice of that Pamphlet he is exalted to be Governour of Scotland , as if it were a Province or Conquered Nation , a title which our Ancestors would never endure in the person of any but the King , and we trust in God it shall never take place in this nor any subsequent Generation . Is it not a sad and lamentable thing , that when his Majesty hath lost possession of the Kingdome of England , is in li●tle better condition for Ireland , and onely Scotland is desirous to imbrace him , upon grant of their just desires , there should yet be such Counsellors about his M●jesty , as would advise him no other wayes to come to his Throne in Scotland , but by Conquest , and before the Conquest be made , to declare the Governour , and to choose that Governour , such a one as is more generally hated by many degrees , then any person of the Nation . What greater provocations can be given then these ? Or what designe worse then this , can be set on Foote to make his Majesty and his people irreconcilable ? but we know that no bounds can be set to the wickednesse of this malicious man , who had rather see both King and Kingdome utterly ruined , then that his owne designes should faile , and therefore we are very unwilling to thinke that these things are done with his Majesties knowledge and approbation , but rather that his Majesties Name is abused in that pretended Declaration , or if there hath beene any Commission granted unto him , that it hath been surreptitiously purchased from his Majesty ; in which opinion we desire to rest , and shall patiently wait for his Majesties Answer to our desires now againe presented to his Majesty in the Isle of Jersey . These things being duely weighed and considered by forrain Princes and States , wee trust that since we have never done any injury or wrong to them , but have rather been ready to performe all friendly duties in our power , as we have had occasion and opportunity , and seeing we onely desire to enjoy our Religion and Liberties under his Majestie , according to the word of God , and the Lawes and Constitutions of this Ki●k and Kingdome , and are most willing , upon just satisfaction given to our desires presented to his Majesty , and published to the world in Print , not onely to receive his Majesty , and submit to his Government ; but also to contribute our best endeavoure by all lawfull and necessary means according to the Covenant , and the duty of faithfull Subjects , that his Majesty may be restored to the peaceable possession of the Government of his other Kingdomes ; they will be mindfull of that Common Rule of Justice knowne by the light of nature , and confirmed by our Saviour Christ , Whatsoever yee would that men should doe to you , doe so to them . And therefore as they would expect from us in the like case , wee doe expect from them that they will neither contribute men nor moneys , nor any other a●d or assistance to a declared Traytor , who is neither seeking his Majesties honour and happinesse , nor the good of his native Countrey , but meerly to satisfie his own lusts and ambitious ends , and designes . But in a speciall manner we doe expect from all Protestant Princes and States , that they will remember what is said to Jehosapht for assisting Achab. Shouldst thou help the ungodly , and love them that hate the Lord ? therefore is wrath upon thee from before the Lord . And that as they desire to keepe the Communion of Saints , they will forbeare to give him either countenance or assistance , but looke upon him as a person justly excluded from civill society for his Treasonable practises , and excommunicated from the Church of Christ , for his a●●minable transgressions . If he shall come into this Kingdome , we are confiden●that all those in whom the sense of the feare of God , duty to the King , and affections to their native Countrey , is not utterly decayed and extinguished , will heartily and unanimously joyne to resist and oppose him , and to use their best endeavours , that he may be brought to condigne and exemplary punishment . But if there shall be any found in the land so foolish , base , and treacherous , as to hearken to the vaine promises , and empty professions of that scandalous , wicked , and infamous Pamphlet , published under the name of a Declaration of his Excellency James Marquesse of Monrosse ; Lievtenant Governour , and Captain Generall for his Majestie of the Kingdome of Scotland , ( which in detestation thereof , wee have caused burne publickly at the Crosse of Edinburgh , by the hand of the Common Hangman ) and shall ayd or assist the said James Grahame , in his wicked designes against Religion , King , and Kingdome . Wee doe hereby declare all such as shall joyne or concurre with him or his adherents in armes , to be guilty of High Treason , and to be punished and proceeded against as the Parliament or their Committees , shall thinke fit ; And doe further discharge all persons of whatsoever quality or degree , to joyne with them in any Oath , Band , or Association whatsoever , or to assist or supply them and their adherents , or any of them with Men , Money , Armes , Ammunition , Victuall , Counsell , or Intelligence , or to keep any sort of correspondence publick or private with them , or any wayes to ayd or countenance them , or any of them , under the paine of being esteemed as Rebels , and proceeded against as the Parliament or their Committees shall thinke fit ; and this wee declare to be instead of all Letters of intercommoning . And Power and Warr and is hereby given to all good Subjects within the Kingdome , to rise in Armes for opposing and suppressing all such as shall joyne in Rebellion , as they shall be called and required thereunto by the Lord Generall , Lievtenant Generall , or any others having authoritie for that effect . And for the encouragement of al● such as shall suffer in opposing or suppressing them , Wee doe further declare , that not onely the losses and sufferings of such as shall be active in the cause against them , shall be taken in speciall consideration , and repaired out of the Estates of such as shall joyne in Rebellion , as aforesaid ; but their service shall be rewarded , according as they shall be found to deserve ; And wee doe ordaine these presents to be printed and published at the Mercat Crosse of Edinburgh , and other ordinary places of publication needfull . A. JONSTON . Clericus Registri . EDINBURGH , 2. January 165● . Antemeridiem . The Declaration and Warning of the Commission of the Generall Assembly unto all the Members of this Kirk and Kingdome , In answer to a paper , intituled and reputed The Declaration of James Grahame . ALbeit the carriage of those who are engaged in the worke of Reformation in this Land hath been from the beginning so agreeable to the rule of the Word of God , and of sound reason , and so eminently owned and blessed by the Lord in all the tenour and proc●dour thereof , as may sufficiently refute all the calumnies of enemies , and strengthen his people against all their slanders and attempts for undoing of the same ; Yet least our silence in this day of blasphemy and rebuke should be construed either as a neglect of our dutie , or as weaknesse through the sense of the guilt , to wipe off the aspersions that are vented to the world in the name of that excommunicate and forfeited Traytor James Grahame , wee have resolved till there may be opportunitie for a larger Declaration , shortly to touch the revilings contained in that paper , and to declare unto men their dutie in reference to such purposes and desires as are holden forth therein . In the first place the instruments of the worke of Reformation are charged as an horrid and infamous faction of rebells , who did hatch a rebellion against his late Majestie : But to say nothing that that wretched man was accessorie unto the laying of the foundation of that blessed worke , which now in the blindnesse of his minde , and hardnesse of his heart , as being given up of God , as Pharaoh was , he calls rebellion . This is no other then the common calumnie that hath been cast upon the servants of God from the beginning of the world in all their endeavours and attempts for Reformation of Religion : Was it rebellion to stand to our defence , when in stead of an answer to all the earnest and reiterated supplications and desires of this Land against the corruptions of doctrine , worship , discipline , and government , wee were invaded with an Army both by Sea and Land , that a yoke might be wreathed about our necks by oppression and violence ? Not onely had wee the Lords Word , and the practise of the reformed Churches abroad , and of our owne Church at home in the dayes of our Fathers to justifie us in this , but also the King himselfe , who upon information did retract the Declaration set forth against u● , and grant what we had desired . N●xt it is charge upon this Nation , that they did solicite a partie in the Kingdome of England to beginne where they had left off , and that finding their rebell brood there beginning to lessen , They did , contrary to all Faith , Covenants , Oathes , &c. enter with a strong Army the Kingdome of England , persecute their Prince in a forreigne Nation , and assist a company of strangers rebells against their native King , &c. What was the grounds and first rise of the warre betwixt the King and the Parliament of England , needs not now to be repeated , being so well knowne every where ; But this Nat●on were so farre from fomenting of the same , that for a long time they did mediate a peace ; and so continued , untill England by their earnest invitation , did for the preservation and Reformation of Religion , the honour and happinesse of the King , the peace and good of these Kingdome● , crave their assistance against the Popish , Prelaticall and Malignant partie then in Armes , who were like to have destroyed all : For which end , when they had entred in a solemne League and Covenant with that Nation , as they did oblige themselves for the defence and preservation of his Majesties Person and just Greatnesse and Authority in the defence and preservation of Religion , so they did never desist to solici● his Majesty for satisfaction to the just desires of both Kingdomes , and were alwayes , upon his Majesties granting of the same , willing to admit him to the exercise of his Royall Power . Thirdly , It is alleaged , that after all manner of assurances given to his Majesty before his comming to the Scottish Armie , notwithstanding of assurances , he was sold unto the English : But wee are confident that albeit all the generation of Malignants of the three Kingdomes have now for three yeares together filled this and the Nations abroad with the noyse of such things , that yet to this day never any of them did , nor could bring any evidence of such assurance given , or such bargaine made by this Kingdome ; nay such assurances were alwayes refused , and when the King did cast himselfe upon the Scottish Army , this Kingdome was so farre from making any sale of him , that they did not condescend to leave him wit● his Subj●ct in England , untill sufficient surety was given by both Houses of Parliament , concerning the safety and preservation of his Majesties Person . It is ●reat malice to say , that because the Scottish Army , about the time of al● Majes●ies living at New-Castle , did receive some part of those arrears due unto them for their painfull & faithfull service in England , that therefore this Kingdome did ●ell their King ; The arrears which were then received were due before the King came unto our Army , and in all probability had been more timously and cheerfully payd if he had not come thither at all . Fourthly , They are slandered as complotters of the Kings destruction by secre● intercourses both before , in the time , and since his Majesties horrid murther : If those things be evident , why were not the proofs brought forth and produced before the world for convincing the authors and abetters thereof , and gaining credit to the cause of those that make so bold alleagance ? The publick endeavours and Testimonies of this Kirk and Kingdome against the taking of his Majesties life , doe sufficiently refute all such secret and private whisperings . Lastly , they are charged as robbers of the King , who now is of all right , because of their declaring him King wîth provisoes : But are these provisoes or conditions any other then such as have been in the time of his predecessors , and whereunto by the Lawes and constitutions of this Kingdome he is obliged , and without which , Religion , and the peace of the Kingdome cannot be secured . These , and the like slanders are made a ground of invitation unto the people of this Land to abandon the cause , and worke of Reformation , and to rise in Armes against the Parliament and Kingdome , and joyne themselves with such Forces as that Monster of men , and his complices shall make use of for invading of this land ; to which he labours to perswade a promise of pardon for what is past , and of his Majesties resolution to be ever ready to ratifie , so soon as it shall please God to put it in his power , according to the advise of the supreme Judicatories of this Kingdome , all what has been done by his Royall Father , in order to our peace . Though we should be silent and say nothing , we are perswaded that there be none in the Land who has any regard to truth or righteousnesse , or in whom any sponk of the love of the Lords work , or of this Countrey does resid● , but as they abhominate and abhor the very name of that excommunicate wretch , and thinke these lies worthy of no other entertainment then is to be allowed to the devises of the Father o● lies , unto whose hands he is delivered ; so we are confident that they will d●●est and avoid all such desperate and wicked designes , attempted whither by him or by any other . Shall men , after so many solemn vowes and promises before the Lord , and his hand lifted up so high in making plaine before them , the way wherein they should walke , be so blind and base , as to be charmed into a most godlesse course against Religion and the blood of the Lords people by the offer of a pardon , where there has been no transgression but a following of duty ? Or shall any be cheated into delusion by a flourish of most ambiguous words of his Majesties resolution to be ever ready to ratify , so soone as it shall please God to put him in his power according to the advise of the supreame Judicatories of this Kingdome , all what has beene done by his royall Father in order to our peace ? To say nothing , that the League and Covenant and the Union betwixt the Kingdomes , and the whole worke of Uniformity , is here cut off at one clap , though yet we trust that these things will be dearer to all the Lords people in the Land , then their Estates or lives : The words are so empty and doubtfull , as may suffer any interpretation men list to put upon them , and may consist with the utter undoing of all that has been done in this Land for asserting the purity of Religion , and the liberty of the Subject . His Majesty must first be put in power , before he ingage himselfe to doe any thing at all , and when in power , no obligation upon him , unlesse the supreame Judicatories of the Kingdome sha●l so advise ; neither is it determined what these judicatories are , whither his Majesty shall be obliged to follow the advise , and which is more strange , Religion is not so much as named in all the concession , but all is wrapped under the notion of these things which the King his royall Father granted in order to our peace : which may be so expounded as to take in things Civill onely that concerne the peace of the Kingdome , or at the best , insinuates the motive of all that his Majesty granted concerning Religion to this Kingdome , to have beene onely a desire of peace , and not any thing in Religion it selfe , and so drawes along with it a secret reflection upon the Nationall Covenant , and all the work of God relating thereto , and concludes them alterable as the change may produce peace or Warr . We thinke we need not desire any man to consider what could be the case of Religion , and of all that love is in this Land , if it were in the power of that persidious and proud Atheist , to modell the supreame Judicatories of the Kingdome according to his minde : hee who hath so far forgotten his Covenant and Oath , in which he enterd in so publick and solemn a way , as to call all that is contained therein , and has flowed there from violent and most unjust desires , and the worke of Reformation , from the beginning Rebellion , will not spare the overturning and destroying thereof , and the bringing back this poore Nation to the licking up of the vomit of prelacy , the ceremonies and the Service-Book , for making way to a fuller compliance with the Church of Rome : which we have the more cause to feare , for that the free excercise and full liberty of Popish Religion is granted by his Majesty to those bloody Rebells in Ireland . To us it is above question , that as the alteration of Religion , and the establishing of an arbitrary and i● limited power for bringing the same about , was the designe from the beginning , so that the same is still promoted by the Popish , Prelaticall , and Malignant party , and shall ( if they prevaile ) be the fruit of their works . Therefore , as the Servants of the living God , we warne and obtest all the Lords people throughout the Land , that as they would not draw on themselves the wrath of the most high God , by breach of Covenant and grosse backslidings , that they doe not hearken to any such calumni●s and slanders ; nor suffer themselves by the power thereof to be drawne from their stedfastnesse , or to give any connivance , let be countenance or assistance unto any who shall invade this Kingdome , or raise Warre therin , under pretence of Commission from his Majesty , and putting him in the excercise of his Royall power before satisfaction had from him , to the just and necessary desires of this Kirk and Kingdome , concerning Religion and the Covenant . The late Generall Assembly , in their Declaration , did by many grave and undenyable reasons , demonstrate the unlawfullnesse and sinfullnesse of any such attempt ; and it shall be now seasonable for any man , who doubts to make use of these things for satisfying his Judgement , and convincing him in the poynt of conscience , that he may not dash himselfe against the rock of the Lords power , which shall certainly breake in peices all those that oppose themselves to his work , and lead forth with the workers of iniquity , all those that turne aside to their crooked wayes . Albeit , the avenging hand of the most high , hath pursued and followed with vengeance , many of those who assisted that unnaturall man in the shedding of the blood of his Countrey , and that many of them have tasted of the bitter fruits both of civill and ecclesiastick censures , and that a temptation to so great a wickednesse from such a one as James Grahame , seeme to be so grosse as may scarre most of the Malignant party themselves , who yet continue in opposition to the worke of God , let be those who have humbled themselves for their former complyances with evill courses , or have kept their integrity without swarving ; yet it shall be the wisdome of all within the Land , to guard their hearts by prayer and supplication , and to arme themselves with the strength of the Lord against defection . Experience hath proven throughout all the tract of the word of God , that many hath fallen off from day to day , and that new trialls have produced new discoveries of the hollownesse of the hearts of some , concerning whom many did promise to themselves better things ; none can be stedfast in the Covenant , but those , whose hearts are right with God : we wish therefore every man to search and try his wayes , and as to repent of all his former provocations , so in the strength of the Mediator Jesus Christ , to study to walk with God , and to order his conversation aright ; then may we be confident that the Lord shall establish us , and that no Weapon that is formed against us shall prosper , and that every Tongue that riseth against us in Judgement we shall condemn . A. Ker. HEE that shall looke backe but a few yeares , and shall consider what these two parties have done to and suffered by each other . And shall withall observe the present Style and Language exchanged between them , will easily believe the controversie such , the animosity so high , and the feu'd so deadly , as nothing but the extirpation of one partie is like to end and put it out Unlesse that happy time were now ready to blesse the world , when the Wolfe shall dwell with the Lambe , and the Leopard lye downe with the Kid ; when none shall any more hurt or destroy in all the holy Mountaine of God , and the Earth become full of the knowledge of the Lord as the waters cover the Sea . But as it is , Montrosse is come into Scotland An incense Enemy , to the now governing partie there , ingaged against them by his owne Declaration , from which he cannot recede with honour and reputation , to take up with lesse than full satisfaction , were to pleade guiltie to all their accusation . And he comes also provoked by this Declaration of theirs , wherein they have represented him ( to the utmost power of Language ) for such , as if they can hereafter take hands with him , there will be little reason to doubt , but ( if Interest should require it ) they can also make an agreement with Hell it selfe ; for on this side THAT t will be hard to finde any that may beare all those Titles and Attributions they have bestowed upon him . This Man comes amongst them to head a numerous discontented faction there . He comes Armed with the ple●ipotency of full Commissions from their King , of Generalissimo both by Sea and Land ; signalized with Markes of his speciall favour , in sending him lately from Jersey a little before his going thence the Order of the Garter , besides those Caresses in his late Letter to him published to the world . How little the governing partie in Scotland hath gained upon their King , by all their addresses to him this yeare past both in Holland and at Jersey , is evident in his Letter to the Committee of Estates , sent by Libbertoun , which hath been also published . The greatest hope left them of him , is , that his Mother ( who meets him at Beauv●is in his journey to Breda ) will instill into him some of her Maximes and Principles , that may divert him from Montrosse , and encline him to close with them ; which if she should effect in foure dayes , ( which he is determined to stay there ) or in eight , for so long it seems shee would have the Conference hold for his be●ter instruction , ( if their purses will beare it ) it would be something strange , considering his knowne inclination to Montrosse , and perfect hatred of the other . If shee doe prevaile , he is like to prove a blessed Instrument to promote or settle the Reformation of Religion they so solemnly hold out , when he shall be wrought to it by his Mother , and act upon her Principles , whose Religion is believed to be as farr from theirs , as theirs from the Sectaries . It is a Riddle that the Queene his Mother should wish well to Presbytery . A little time will shew us the effects of her Councells . If shee prevaile with him to desert Montrosse , whom he hath so entrusted , impowered , Caressed , and dignified , what assurance can he give the Scotts , that he will not also desert them , when his or his Mothers Interest shall require it , and he shall have power to doe it . If he doth continue to carry on his designes by Montrosse , are not they in a sine condition the meane time , to suffer themselves to be rocked asleepe by a Treaty , till Montrosse shall be able to march all over Scotland ? But if it were but possible by some State Magick to charme the enmitie betweene Montrosse and the Scots , so as notwithstanding all the ingagements , and provocations of these Declarations , they should yet unite in one , to settle their King , both among themselves , and also in these pretensions to England and Ireland ; were it not rare jugling ? and were they not a fine parcell of men for any people of this Nation to hold correspondency and Cabals withall ? and to hope by them to be delivered , from the Images of their grievances drawne and multiplyed in their fancies , by their causelesse discontents . Have they not had experience of their former comming into this Nation for ALL OUR GOODS , and can any man believe after such jugling among themselves , they are ever like to keepe faith with any others ? If the the Conference at Beauvais , nor the Treaty at Breda , worke neitheir of these rare effects , but that the King of Scotland , follow his owne naturall inclination to persue his Interests , by Montrosse , Scotland will have work enough to doe and cause them though ( perhaps ) not time enough repent them , that ever they espoused that quarrell which is like to prove so funest to their POORE Kingdome . This is Licensed to be Printed by Matthew Simmons , together with the Declaration of Montrosse . GUALTER FROST . Notes, typically marginal, from the original text Notes for div A51203e-1960 〈…〉 4. 
A54556	----	A proclamation, for an anniversary thanksgiving, in commemoration of his Majesties happy birth-day, being the fourteenth day of October, &c. Scotland. Sovereign (1685-1688 : James VII) 1685 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A54556 Wing P1827A ESTC R18754 99826829 99826829 31238 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A54556) Transcribed from: (Early English Books Online ; image set 31238) Images scanned from microfilm: (Early English books, 1641-1700 ; 1770:11) A proclamation, for an anniversary thanksgiving, in commemoration of his Majesties happy birth-day, being the fourteenth day of October, &c. Scotland. Sovereign (1685-1688 : James VII) James II, King of England, 1633-1701. aut Scotland. Privy Council. aut 1 sheet ([1] p.) printed by the Heir of Andrew Anderson, Printer to His most Sacred Majesty, Edinburgh : Anno DOM. 1685. Dated and signed at end: Edinburgh, the sixteenth day of September, 1685. Will. Paterson. Cls. Sti. Concilii. Identified film as Wing S1424 (number cancelled). Reproduction of the original in the Henry E. Huntington Library and Art Gallery. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701 -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. 2008-04 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion J2 R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , For an Anniversary Thanksgiving , in Commemoration of his Majesties Happy Birth-day , being the Forteenth Day of October , &c. JAMES . R. FOrasmuch As It Having Pleased Almighty God to set Our most Rightful , and Re-doubted Soveraign JAMES the Seventh , by the Grace of GOD , of Scotland , England , France , and Ireland King , Defender of the Faith , &c. Peaceably upon the Throne of his Royal Ancestors , our most August and Glorious Monarch , Notwithstanding of the Hellish Plots and Machinations against the Sacred Person of Our late King , ( of ever Blessed Memory , ) and our said present Soveraign ( whom GOD long preserve ) And also notwithstanding of the Desperat and ●rsiterous Endeavours of those who lately , by Armed Force , Invaded these Our Soveraign Lords Realms of Scotland and England , of Design , not only to have Subverted his Royal Government , but even to have embrewed their wicked Hands in the Sacred Blood of Our said Soveraign Lord the KING , and utterly to have destroyed all his Majesties Faithful and Loyal Subjects ; Which Traiterous Attempts , by so 〈◊〉 and remarkable Instances of the Divine Providence ; have been so miraculously Defeated and Confounded ; Of all which , his Majesties Privy Council beeing deeply sensible , They hereby , in his Majesties Royal Name and Authority , Ordain and Appoint the Fourteenth day of October , being his Majesties Royal Birth-day , to be Solemnly Kept and Observed throughout this Kingdom for this Year , and Yearly hereafter , as an Anniversary Day of Thanksgiving for his Majesties Happy Birth , and therein to Comm 〈…〉 his most Auspicious Entry to his Royal Gov 〈…〉 and miraculous Deliverances aforesaid ; And that all Signs and Demonstrations of Joy , on such Solemn Occations , be performed by all his Majesties Subjects : And further Recommends to the right Reverend the Arch-Bishops and Bishops , that they cause the Ministers in their respective Diocesses , for this Year , and Yearly hereafter , 〈◊〉 the said Fourteenth day of October , with the People , at Divine Service in the Church , Devoutly give Solemn Thanks to Almighty God , and Celebrat his Holy Name , for his so Signal Goodness and Protection , to Our said Gracious Soveraign , and in Him , to these his Kingdoms ; And that all his Majesties good Subjects may have 〈◊〉 and be Certified hereof His Majesties Privy Council doth hereby Require and Command his Majesties Lyon , King at Arms , and his brethren Heraulds , Macers of the Privy Council , Pursevants , Messengers at Arms , forthwith to pass to the Mercat Cross of Edinburgh , and there ( having his Majesties Coat of Arms Displayed ) by sound of Trumpet , and open Proclamation , in his Majesties Royal Name and Authority , make Publication of the Pren 〈…〉 And Ordains the Sheriffs of the several Shirs of this Kingdom , to cause Publish the same at the Mercat Crosses of the head Burghs of their Shiers ; And the Magistrats of Burghs , at their Mercat-Crosses respective , as they will be answerable at their highest Peril , that none may pretend Ignorance : And the Sheriffs aforesaid are hereby 〈◊〉 Required to cause deliver to the Ministers within their Sheriffdoms respective , a Printed Copy of this Act , that they may from their Pulpits on the Lords Day , preceeding the said day of publick Thanksgiving , after Divine Service in the Forenoon , Read the same to the People , and give them the necessary Exhortations upon this Occasion . Extracted fourth of the Records of his Majesties Privy Council , by me Sir William Paterson , Clerk to his Majesties most honourable Privy Council . Edinburgh , the Sixteenth day of September , 1685. WILL. PATERSON , Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anna DOM. 1685. This may be Re-Printed by George Croom , at the Blue-Ball in Thames-street , over against Baynard's Castle . 
A56875	----	The speech of James Duke of Queensberry, &c. His Majesties high commissioner to the Parliament of Scotland, on Tuesday the twenty one day of May, 1700. Queensberry, James Douglas, Duke of, 1662-1711. 1700 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A56875 Wing Q160 ESTC R33479 13390730 ocm 13390730 99362 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56875) Transcribed from: (Early English Books Online ; image set 99362) Images scanned from microfilm: (Early English books, 1641-1700 ; 1554:19) The speech of James Duke of Queensberry, &c. His Majesties high commissioner to the Parliament of Scotland, on Tuesday the twenty one day of May, 1700. Queensberry, James Douglas, Duke of, 1662-1711. 1 broadside. s.n., [Edinburgh : 1700] Imprint suggested by Wing. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- William and Mary, 1689-1702. Great Britain -- Politics and government -- 1689-1702. Scotland -- History -- 1689-1745. 2008-09 TCP Assigned for keying and markup 2008-11 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion THE SPEECH OF JAMES Duke of Queensberry , &c. His Majesties high Commissioner to the PARLIAMENT of SCOTLAND , On Tuesday the Twenty One Day of May , 1700. MY LORDS AND GENTLEMEN , THE Care and Concern which His Majesty expresses in His Letter , for the Welfare and Prosperity of this Kingdom , must needs be Satisfying to all of You : And as a further Evidence of it , He had certainly Held this Session in Person , if His other necessary Affairs Abroad had not Deprived Us of that Happiness . His Majesties Accession to the Throne was the most Seasonable and Acceptable Deliverance , that ever happened to a Nation ; and the Maintaining those Blessings He then Procured Us , has ever since been the chief Design of his Reign . You see His Majesty is firmly Resolved to Preserve your Religion , Laws and Liberties , and the Presbyterian Government of this Church , as it is Established ; and is Desirous , not only that You fall upon the most effe●tual Methods for Preventing the Growth of Popery , and Discouraging Vice and Immorality : But that you also Provide , what may be further needful for the Increase of Piety and Learning . The King gives You such Convincing Reasons for New Supplyes , for Maintaining the Troops , that little needs be added to Inforce so visible a Necessity , most of His Allayes are Involved in the present Commotions , and His and Our Enemies ready to lay hold on every Opportunity : And therefore His Majesty is Confident , that You will Chearefully continue that dutiful Regard You have ever showen to His Service and Your Own Safety . His Majesty is very sensible of the Misfortunes and Disappointments that has happened to Us , in the matter of Trade ; and therefore has Instructed Me , to Concur in any thing that may Promote and Encourage Trade in this Nation : And I do so particularly know His Majesties good Mind , in this Matter , that I can give You Assurance of Obtaining any thing that shall be reasonably Proposed . You have likewise now the Opportunity of Making what New Laws may be judged needful , for the better Securing and Settling your Civil Rights , as also for the Encouraging of Industry and Manufacturies . Relieving the Poor , and Supplving what else may be found Wanting : So that His Majesty having done so much on his Part , it is not to be Doubted , but that You will do all that 's proper on Yours , to bring this Session to a happy Conclusion . My Lords and Gentlemen , It is His Majesties Pleasure , that I should have the Honour to Represent His Royal Person in this Session of Pa●liament . I am not insensible of my own Unfitness , but the Assurance I have of His Majesties Goods Intentions towards this Kingdom , and the Assistance I confidently expect from You. who has given so great and constant Proofs of Your Loyalty and Zeal for His Majesties Service , Encouraged Me to Undertake this Weighty Trust , which I am Resolved to Discharge with all possible Firmness and Fidelity to His Majesty , and Affection and Integrity to my Countrey . 
A50913	----	A vindication of the government in Scotland during the reign of King Charles II against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 1691 Approx. 141 KB of XML-encoded text transcribed from 34 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50913 Wing M213 ESTC R11146 13115516 ocm 13115516 97748 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50913) Transcribed from: (Early English Books Online ; image set 97748) Images scanned from microfilm: (Early English books, 1641-1700 ; 427:3) A vindication of the government in Scotland during the reign of King Charles II against mis-representations made in several scandalous pamphlets to which is added the method of proceeding against criminals, as also some of the phanatical covenants, as they were printed and published by themselves in that reign / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 66, [2] p. Printed for J. Hindmarsh ..., London : 1691. "Licensed, Sept. 19, 1691. Rob. Midgley"--P. [2] at end. Advertisements: p. [1] at end. Reproduction of original in Cambridge University Library. "The declaration and testimony of the true-Presbyterian, anti-prelatick, and anti-Erastian, persecuted-party in Scotland" (p. 54-57) signed: Al Gibson and Will. Paterson. "A blasphemous and treasonable paper, emitted by the phanatical undersubscribers, on May 1, 1681": p. 57-66. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Scotland. Scotland -- Politics and government -- 1660-1688. 2004-03 TCP Assigned for keying and markup 2004-04 SPi Global Keyed and coded from ProQuest page images 2004-06 Judith Siefring Sampled and proofread 2004-06 Judith Siefring Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion A VINDICATION OF THE GOVERNMENT IN SCOTLAND . During the REIGN of King Charles II. AGAINST Mis-Representations made in several Scandalous Pamphlets . To which is added the Method of proceeding against Criminals , as also some of the Phanatical Covenants , as they were Printed and Published by themselves in that Reign . By Sir GEORGE MACKENZIE , Late LORD ADVOCATE , There . LONDON , Printed for I. Hindmarsh at the Golden Ball in Cornhill . 1691. A VINDICATION OF THE Government in SCOTLAND During the Reign of King CHARLES II. AGAINST Mis-representations made in several Scandalous Pamphlets . THe Design of this Paper is neither to seduce others into Faction , nor to make an Apologie ; the one being too Malicious , and the other too Mean : But because many honest and sincere Men have been abused by some late Misinformations , whereby the Charity and Vnity of Protestants amongst themselves are much weakened ; therefore this Paper comes to set things in their true light , by a bare Narrative , which will be sufficient to reclaim those who are abus'd , and to confute those malicious Authors , who have endeavour'd to Reproach a whole Nation with Villanies , of which none but these Authors themselves could have been guilty . Because the Civil Government in Scotland was never bigot in that King's Reign , therefore we shall not run back to consider Episcopacy or Presbyterie , otherways than as they may concern the Civil Government . Neither should we run so far back as to the Government of King Charles I. were it not to prove , that these of the same persuasion , who now complain , were the first Aggressors ; and consequently , what was done against them deserves rather the name of Self-defence than Persecution . For clearing this , it is necessary to represent , that in the Year 1637 , we liv'd under the most Pious and Orthodox Prince of the Age , and yet a Rebellion was form'd against him , as a Papist , and a Tyrant , by which all the Fundamental Laws were shaken , and all honest Men ruin'd . Neither needs there any other proof for this Assertion , than the Records of Parliament , General Assemblies , and Iustice Court. From the Records and Acts of Parliament it is undeniable , that the power of nominating Judges , Counsellors , and all Officers of State ; the power of levying War , and raising Taxes , were usurp'd by the people ; Covenants were entred into by a part of the Subjects , and by them impos'd imperiously upon the rest ; Leagues and Covenants were entred into with England ; Ambassadours were sent to Foreign Princes and States ; and even to France ( tho' little less terrible then , than now ) exclaiming against the Injustice of the King , justifying their taking Arms against him ▪ and therefore intreating the French Aid and Assistance : The King himself was inhumanely deliver'd up to his Enemies , and thereafter the Army that went in to defend his precious Life , were declared Rebels , all which was uncontravertedly inconsistent with the Laws of the Kingdom then standing . From the Acts of the General Assembly it is clear , that the Assembly , 1639. refus'd to rise , when dissolv'd by the King's Commissioner , and most of the following Assemblies did both sit down and rise without his Warrand . This Assembly threw out the Bishops , and abrogated Episcopacy without Authority of Parliament , tho' the Bishops were always the first of the three Estates of Parliament . A new Oath was invented , called , the Covenant , without the King's Authority ; and all Men Women and Children , that were above ten years of age , forc'd to take it ; and such as took it not , were Excommunicated , upon which all their Moveables or Chattels were Confiscated , and they themselves being declar'd disobedient to the Laws , were forc'd to fly . The King 's Negative Voice was declared Illegal , and the Acts made for assisting him in the Year Forty Eight , were declar'd Void and Null , by an unparallel'd Invasion , the General Assembly , ( imitating in this , as in many other things , the Church of Rome ) raised themselves above King and Parliament . From the Records of the Iustice Court we find that the Estates made Advocates or Attorney Generals by their own Authority ; who prosecuted to death such as defended their own Houses by vertue of express Commissions from the King , and such as rose in Arms for his Defence , tho' they had both his Commissions , and Remissions , though the Iudes that Condemned them , sat by vertue of that very King's Commission . They not only borrowed vast Sums by meer force from private Men , whom they never payed ▪ but also they were the first that brought in Free and dry Quarter , Cess , Excise , and all these Publick burthens afterwards so much complain'd of ( when they were continued upon necessary Exigencies , by lawful Authority ) we having neither formerly known Oaths , nor Publick burthens under our gentle Kings , against whom they so much exclaim'd as Tyrants , because forsooth they kept them from being such : All these Proceedings were not only condemn'd by the general Opinion of both Protestants and Papists abroad , but stand yet condemned by express Acts of Parliament , and by many Acts in the like Cases in Scotland , and England , and so nothing which can be alledged in justification of them , deserves or needs an answer . King Charles the Second being restored by almost the Universal consent of all the People , the worst of whom grew weary of their Villanies : The Parliament of Scotland being called , they enquired very seriously into the occasion of such Disorders , and soon found that they were all to be charged upon the Solemn League and Covenant , and those who adhered thereto ; and therefore they endeavoured to perswade the Presbyterians to disown the Covenant , all favour being promised to them upon that condition : But finding that the Presbyterians generally thought themselves bound to own the Covenant , the Parliament concluding that the same Men , owning the same Principles , would be ready upon occasion to act over again the same things , therefore they by Vote ( which may be called unanimous , seeing only four or five dissented ) restored Episcopacy , and that so much the rather , because that Government had in no age nor place forced its way into the State by the Sword , but had still been brought in by the uncontraverted Magistrate , without ever thrusting it self in by Violence , and yet the Government did sustain Episcopacy as a part of the State , but never as a Hierarchy wholly independent from it , The Presbyterian Preachers had all along taught the People , That as their Government was Iure Divino , so the People might thereby be obliged to defend them and it , under pain of Eternal Damnation , even ( when Episcopacy was Established by Law ; ) and accordingly some of the People who retained that Principle , frequented the Conventicles at which these Ministers Preacht ; whereupon the State fearing that the old Humour might ferment again into a Rebellion , discharged under some small Penalties any above Five Strangers to meet in a Conventicle , leaving thereby at once the free exercise of their Conscience in their Families , and yet securing the State against such a total defection , as might involve us in a New Civil-War , which without doubt was all the State design'd : But to elude these Penalties for House-Conventicles , some Preachers ( amongst whom were some of those who had been formerly banished ) gathered the People together in the Fields ; they bringing Arms with them to secure their Ministers , came at last to have such an Opinion of their own strength , that they formed themselves into an Army , and were defeated at Pentland Hills , Novemb. Anno 1666. Yet within a short time of that , the State Indulged them so far as to allow them their own Ministers , settling them in Churches , and allowing them the enjoyment of the Benefices in many places . This did not satisfie these People , because the Ministers so Indulged acknowledged the King and Council's Authority ; and they , with some of their violent Preachers railed as much against these Indulged Ministers , as against the Bishops , and regular Clergy , and call'd them Council Curates , and separated from them . The State considering that by the Laws of all Nations , rising in Arms is to be accounted Rebellion , and that a Preacher's Presence could legitimate the Action no more than a Priest could Transubstantiate the Elements ; they declared by several Acts , Field-Meetings to be the Rendevouzes of Rebellion : Notwithstanding all which , these Dissenters proceeded , as from House to Field-Meetings , so from Field-Conventicles to publish Proclamations , Declaring that the Covenant was the Original Contract betwixt God , the King , and the People ; and therefore King Charles the Second having broken it , forfaulted his Crown , and being to be considered only as a private Subject , and Enemy to God , they had declared a just War against him , and that it was lawful to kill him , and all who served him , following as was pretended the Noble Examples of Phineas and Eliud ; and in consequence of this Doctrin they murthered the Arch-Bishop of St. Andrews , and several others ; to defend these Murtherers an Army was gathered by them , which was beat a Bothuel-Bridge , Anno 1679. But yet the King to reclaim them , granted both an Indemnity and Indulgence ; notwithstanding of which , a New Plot was entred into , and it was Contrived in a Meeting of the Scots at London , that 20000 Men should be raised in Scotland , and that the Garrisons of Berwick , and Carlile , and all the Officers of State should be seized , which was likewise seconded by Monmouth , and Argyle's Rebellion , Anno 1685. Whereupon the Parliament finding that the Preaching up of Rebellion in private Conventicles had occasion'd all this danger to King and People , and that nothing could be secure whilst every thing might be preacht , they Enacted , That the Ministers who preacht at Conventicles should be Capitally Punished ; but by Vertue of this Act , no Man was ever Punished , much less Executed . This being the true Progress , and these the Occasions of making those Acts , it is admired why the Government is taxed with so much Cruelty , and the Acts themselves reproached as Diabolical : For First , These against House-Conventicles are the same with the Laws in England , and less severe than those made against Dissenters in Queen Elizabeths time , or than those now standing against the Calvinists in Sweden , or those made , and now executed by the Presbyterians and Independents in New-England ; but much more gentle than those our Presbyterians made when they Govern'd . 2. Whatever might be said against such Acts in Countries where Dissenters never entred into a War , yet in this Isle , where they upon the same Principles overturned the Government and Laws , and were upon every occasion again attempting it , so small a Caution cannot be accounted severe . 3. This Caution was much more just in Scotland , than even in England ; because the Dissenters in Scotland were more bigotted to the Covenant , which is a constant Fond for Rebellion . 4. The Posteriour Acts made against Field-Conventicles , were the necessary product of new accessional degrees of Rebellion ; and were not Punishments design'd against Opinions in Religion , but meerly against Treasonable Combinations , which exceeded what was attempted in England , or elsewhere ; and the Governours ( for the time ) can truly and boldly say , That no Man in Scotland ever suffer'd for his Religion . But if any will pretend , that Religion obliges him to rise in Arms , or to Murder , this Principle ought neither to be sustain'd as a Defence , nor the obviating of it to be made a Crime ; and as the Covenanters laughed at such a defence when propos'd for them , who assisted King Charles I. meerly for Conscience sake , so they cannot deny , but they zealously prest Sir Iohn Dalrymple , then Advocate , to hang Mr. Renwick a Field-Preacher , for Field-Preaching , where some of his Hearers were Arm'd , because he was like to divide their Church , after they got an Indulgence from King Iames , against the accepting whereof , Renwick and his Party exclaim'd highly ; and that so much the more plausibly , for that many of them , who now accepted an Indulgence from a King professedly Popish , had rejected and preacht against those who accepted of one when offer'd by a King of the Protestant Profession . I must also ask them , if any should now rise in Arms in defence of Episcopacy , and alledge Conscience for so doing , would they sustain that as a just defence ? 5. When ever any Man offer'd to keep the Church , former Fines were generally remitted , if timeous Application was made ; and more Indulgencies and Indemnities were granted by this King ▪ than by any that ever reign'd ; and generally no Man was executed in his Reign , who would say , God Bless the King , or acknowledge his Authority ; an unusual Clemency , never shewn in any other Nation , and such as was not practised by those , who now cry out against the Severity of that Government .. The Reader will be astonished , when we inform him ; that the way of Worship in our Church , differed nothing from what the Presbyterians themselves practised , ( except only , that we used the Doxologie , the Lord's Prayer , and in Baptism , the Creed , all which they rejected . ) We had no Ceremonies , Surplice ▪ Altars , Cross in Baptisms , nor the meanest of those things which would be allowed in England by the Dissenters , in way of Accommodation : That the most Able and Pious of their Ministers , did hear the Episcopal Clergy Preach , many of them Communicated in the Churches , and almost all the People Communicated also ; so that it cannot be said that they were Persecuted , and forced to joyn with an Vnsound , much less Heretical Church , as the French Protestants are . From all which , it follows clearly , that the Complainers ▪ were the Aggressors , that the Government proceeded by slow steps , to Punish even those who had forced it into a Resentment , and that all pains were taken to Reclaim rather than Punish . Any Reasonable and Unprejudiced Man must allow , that the State had reason to be jealous that the same Men who had Invaded and overturned the Government under King CHALES I. retaining still the same Principles as Sacred , and bursting forth into the same Excesses under King CHARLES II. were still to be kept in awe , and within the Barriers of Law , and that by their own Principle of Salus Populi , better some few of the Society should perish than that the whole should go to ruin . Vnitas , non unus , as was said by them in the E. Straffords Case ; and if two States of Parliament without the King , were thought the best , and necessary Judges , of what was Salus Populi in those days ; much more should it be acknowledged , that the King and three Estates , in many subsequent Parliaments , agreeing cordially together , should be acknowledged to be the true Judges of what was Salus Populi in our Government , especially when what they did was founded on a Series of uncontraverted Laws , and upon long and deplorable experience of the Mischiefs occasion'd by that Pary . Whereas they who condemn our proceedings , must , and do acknowledge before they Condemn us , that they consider themselves as a People coming into a Country where there were no Laws , and so might take any new Laws they thought fit , for the present exigent : A Liberty which we ( Poor Slaves ! ) durst never take , foolishly conceiving our selves over-ruled by our Statute-Books , Ancient Customs , and Oaths , regulating our Duty and Conscience . For answering the Objections which are made against the Government , I shall class them into these General Enormities with which the Government is charged , and into the particular instances of its pretended Cruelty . The first General Objection is , That the severe Laws made against Conventicles were yet more severely put in execution by Sir Iames Turner , and Sir William Ballantine , and others , which occasion'd the Insurrection at Pentland-hills , and it is alledged that these Conventiclers came only to petition the Council , not to overturn the Government . To this it is answered , That all rising in Arms upon any pretext whatsoever , is declared Rebellion in this and all other Nations ; and if any should rise now in Arms because Free-quarter is taken from them against Law , they would find this Government so to take it . Nor can it be pretended that Justice was denied to private Petitioners ; but on the contrary , Turner and Ballantine were laid aside , which is all the State could do , it being impossible to answer for all the extravagancies of Soldiers , even under the most just Government . From this likewise it necessarily follows , that because this was no just War , therefore the Learned and Worthy Sir Iohn Nisbet , then King's Advocate , and the Criminal Iudges were unjustly reproached for refusing to allow the defence founded on giving Quarter , that being only to be allowed in Iusto Bello : And it is to be remembred , that this defence was not allowed to the Worthy President Sir Robert Spotswood , Son to the famous Archbishop , in Anno 1645 , tho' the War was just on the King's side , and he acted by vertue of a Commission from that very King ▪ by whose Authority the Parliament that Condemned him was called ; and it could not be proved by those that were taken at Pentland-hills , that Quarter was granted them ; whereas it was clearly proved , that the Council in General had discharged granting of Quarter upon the foresaid account . We pass under silence here , the Dreadful Slaughter of several Hundreds Killed after Free Quarter given , and Surrendring of the Castle of Dunvileigh , ( which made Lieutenant General Leslie , who then commanded the Army , threaten to lay down his Commission , ) notwithstanding of a violent Sermon made before him upon these words , 1 Sam. Chap. 15. v. 14. What meaneth then this bleating , &c. * As to the sending away People to the Plantations , it is answered that none were sent away , but such as were taken at Bothuel-Bridge , or in Argyle's Rebellion ; and the turning Capital Punishment into exile , was an Act of Clemency ; not of Cruelty . As to Torture , it is allowed not only by the Law of our Nation , but of all Nations except England , and founded on the foremention'd Maxims , Salus Populi , &c. Pereat unus , potius quam Vnitas ; nor was it ever inflicted , but where the Person tortured was evidently proved to be Guilty of Accession to the Crime , and that he knew the Accomplices ; it being still left in his power to secure himself against Torture , by confessing who were his Accomplices , or by clearing himself by his Oath , that he did not know them , which Oath was required to free , not to bind the Deponent ; because his Knowledge of the matter was first proved , and it was still previously declared by Act of Council , that nothing he was to Depone should prejudge him ; And those who had been in that Government were very sorry that when Torture was declared a Grievance in the last Convention , Matters of high importance relating to the Government , were still excepted , which expos'd the Subjects to as much danger as formerly . As to the Imprisoning free Leidges without giving any reason , and detaining them in Prison for many Years ; It is answered , that we have no Act for Habeas Corpus in Scotland , and so these things may be accounted Severe , but not Illegal ; and they were introduced in the late Vnhappy Presbyterian Rebellion , where thousands were kept in Prison a great many years , without any Crime or Hopes of Releasment ; but the true Reason of the frequent Imprisonments , during K. Charles the 2 d's Government , should only be charged on those who were Accessories to the Plots and Rebellions which occasion'd them ; and no Men wish'd more than we did , to see those peaceable times which might allow an Act of Parliament for Habeas Corpus . Another thing which occasioned these long Imprisonments , was , That the persons imprisoned refus'd to acknowledge the King's Authority , without which they could not have been set at liberty , when there was a clear Probation against them . But can this be objected to Vs , by those who have since Imprison'd more in one Year than we did in five ? As to the bringing in the Highlanders on the Western shires , and taking free Quarter there ; it is answered , that many thousands had gather'd in Field Conventicles with Arms for several Years ; and when these Conventicles which used to meet in several places , pleas'd to join in one , they could easily form an Army . To prevent which , the Council wrote a Letter to these Western-shires , entreating them to fall upon some course for security of the Peace ; they returning for answer , That the Peace could not be secured there without Abrogating Episcopacy . The King and Council consider'd this as a Sacrificing the Laws to the Humours and Passions of private Men , and such too , as they had reason to think , could no more be satisfied with that Concession than their Predecessours were , who proceeded to ruin King Charles I. after he had parted with the Order of Episcopacy to please them ; and therefore the Highlanders were sent in , to secure the Peace ; and because Mony could not be provided in haste , the Council declar'd by their Act , That those on whom they were quartered should be paid out of the first and readiest of the Fines owing there , and the Superplus should be paid by the King ; nor have those who were then in the Government , clamour'd so much now for a Years Free Quarter as these People did then for a Fortnights , and even during that Fortnight most men pay'd for their Quarters ; nor was there any more Surety sought , at least from Masters and Heretors , than the ordinary Surety of Law-borrows , by the very style whereof , any private Man may force another by the Law to secure him against all Prejudices from his Men , Tennents and Servants , and others of his Command , Out-hounding and Ra●ihabition . And that the King had great reason to be jealous of their breaking the Peace , appears fully from the Reasons above Represented , and when this Surety was thereupon approv'd by Parliament , by which it was Enacted , that Masters should be liable eithr to remove their Tennents from their Lands , or to present them to Iustice : It prov'd a most advantageous Remedy for settling the Nation , to the great advantage both of Master and Servant ; this alternative securing the Master from many hardships , and ingaging his Servants to obey him , as he was obliged to obey the King ▪ and keep the Peace . As to the Cumulative Iurisdiction so much complain'd of , because it gives the King a power to name Sheriffs , and other Inferiour Iudges , who may have an equal share in the Administration with those who had the sole Heretable Iurisdiction formerly , whereby it is pretended the Property of the Subjects was invaded . It is answered , that Heretable Iurisdictions are of themselves very little to be favour'd , because the Heir must be a Iudge both in Matters of Life and Fortune , though he want Probity or Knowledge in the Law , and the Interested Superiours or Over-Lords had thereby the unfortunate poor Vassals absolutely at their Devotion , and therefore by an old Law in K. Iames the 2 ds time , there was an Act made , discharging all Heretable Iurisdictions without consent of Parliament ; and Sir Iohn Nisbet upon these and many other good Reasons , advised , that all the other Heretable Iurisdiction ( because almost all granted since that time ) should be Repealed ; and yet , though these Heretable Iudges refus'd to concur in putting the Laws against Field-Conventicles , and Armed Insurrections in Execution , or conniv'd at them , whereby they grew very formidable , the Council unwilling to take away these Iurisdictions totally , chose rather to name others to sit with those Iudges , or to supply their absence if they refused to come ; but there-after S. G. M. succeeding as Advocate , to prevent all Debate , advis'd the bringing this point to the Parliament , to the end , that that procedure of the King's Council might be either Vncontravertedly Legal if acquiesc'd in , or let fall if refus'd ; and accordingly the Parliament having pass'd it into an Act ; it seems great Malice and Ignorance to call this Illegal ; and it being founded upon such just and solid Reasons , it seem'd as strange , why it should be thought severe , and never Lawyer spoke against it except those who had Heretable Iurisdictions . It were unreasonable that the King should complain of what he consented to in Parliament in favours of his Subjects ; and so it must be likewise concluded unreasonable that the Subject should complain of this point which they have granted to the King , especially seeing it is more in favours of the Subjects than of Him , it being a strong Bulwark against great Mens oppressing of their Vassals and Inferiours ; and therefore I cannot see why the Inferior sort should be so dull or unreasonabe as to complain of it . But notwithstanding of this Clamour , and abstracting even from this Act , it is still maintain'd by the Advocate , that all Lawyers , and particularly our Learned Craig in his Book De Feudis , assert , that the Superiour has still an Accumulative Iurisdiction with his Vassal as to the point of Iudging ; for tho' he delegate a Jurisdiction for his Conveniency , yet that is not exclusive , that being a quality which still adheres , as Craig says ; † however Sir George Makenzee , Advocate , advis'd to stop all Clamours , that the Heretable Iudge might still have the Casualties , so that his Property could not be said to be invaded ; and lest this might be drawn to the Session , as is ridiculously pretended , the Act is only made Relative to Iurisdictions given by his Majesty to his good Subjects , which can in no sense fall under the Cognizance of the Session , i. e. the Iudges . As to the Act made in Council , allowing Souldiers to kill such as refused to own the King's Authority ; It is answer'd , that there being many Proclamations issued out , by the Dissenters , declaring , That the King had forfaulted his Right by breaking the Covenant , and that therefore it was lawful to kill him , and those who serv'd him : Many accordingly being kill'd , it was thought necessary by some ( upon the fresh news of Murdering some of the King's Horse-Guard at Swyn-Abbey in their Beds ) to terfy them out of this Extravagancy , by allowing the Soldiers to use them as in a War , in which , if any call , For whom are you ? and the others owning that they were for the Enemy ; it is lawful then to kill : And thus they felt their Folly , and the necessary effects of their Principle ; and yet still it was ordered , That none should be kill'd except those who were found in Arms , owning that Principle of Assassination , and refusing to clear themselves of their having been in Accession to the declaring of War , which they had then begun ; nor were these kill'd but when their deliberate refusal could be proved by two Witnesses . But that it may plainly appear , that no more was in all this intended by the Governours , than to secure the Publick Peace , by terrifying those Assassines who had so manifestly invaded it ; Secret Orders were given , that this should not last above a fortnight , and that none should be kill'd except those who were found in the publickly printed List of declar'd Rebels , who may be kill'd by the Laws of all Nations ; and but very few , even of those Rebels were kill'd , tho' this has been made the Foundation of many dreadful Lies . This mischief was intolerable in it self , and we desire to know how it could have been otherways remedied , for the Law must find Cures for all Mischiefs , and these who occasion'd them , should of all others , be least allow'd to complain . After the terrour of that procedure had much cooled the Zeal of Assassination for a time , it took new fire , and several Proclamations for disowning the King's Authority , and Murthering his Servants were posted upon all Church Doors , and Mercat-Crosses , so that no man who served the King could know whether or not his Murtherer was at his elbow , and they had reason to look upon every place as their Scaffold : Whereupon the Advocate being desired to raise Processes against some who owned those Pernicious Principles , he prevailed with the Council to ask the Opinion of all the Iudges upon this Quaery , viz. Whether any of his Majesties Subjects being questioned by his Majesties Iudges or Commissioners , if they own a late Proclamation in so far as it does declare War against his Sacred Majesty , and asserts that it is lawful to kill all those who are employed by his Majesty , refusing to answer upon Oath , are thereby guilty of High Treason , and are airt and part of the said Treasonable Declaration , Salus Populi requiring that every one should contribute what was in his Power to the preservation of the Society ; and as none of the Kings Servants without this could know if he was secure of his Life , so it was very easie for the person accused to clear himself if he was innocent : They consider'd likewise that Law in general , for the good of the People , did accommodate its self to what probation could be allowed , and therefore invented presumptive probation upon that account , whereof there are so many instances to be seen in all Laws , that it were Childish to insist on them , and no man has been so just as to produce one Law or Reason to convince us of the Illegality of this Opinion ; and there is an express Act of Parliament penned by the Learned Sir Iohn Nisbet , whereby for the same Reason , such as are prosecuted for Conventicles are obliged to Swear whether they were Innocent or Guilty , which does run yet higher than this Opinion . There is another Opinion given by the Judges much challenged , viz. That some having gone about amongst the People , demanding Fifty Pound Sterling from each as a Contribution for the Earl of Argyle then forfaulted , they from whom that Mony had been asked , and conceal'd it , were found Guilty of Treason , because this was so far beyond private Charity , that it would have amounted to a greater Sum than any Parliament had ever granted the King : And whereas the proposal of any Assistance to a Rebel is Treasonable , the Concealing of it by our Law , and by the Law of Nations is undoubted Treason . If the matter of Fact in these Answers had been Represented to the late Convention , it cannot in Reason be thought they would have condemn'd them ; and if any Man will compare these Opinions of the Judges , with that Grievance pretended in the late Convention , and that again with the Act of Parliament , they will find the matter of Fact variously represented in all the three . We must likewise inform the World , That no Man died upon either of these Opinions ; and to cut off all Debate , both these forenamed Opinions of the Judges are expresly ratified by Parliament , and consequently are the Sense of the Nation . Before we enter upon private Processes , we must complain , That tho' K. Ch. having by Act of Parliament , added five of the Learnedst of all his Iudges to his Iustice General and Iustice Clark in place of two Advocates , who were generally but Young or Mean , because they had only Fifty pounds Salary , and that seldom pay'd ; that yet every Ignorant Scribler should presume to Reproach their Sentences , and shou'd take upon them to judge the deepest Controversies in point of Law ; and should Dogmatically-Write of Criminal Sentences , tho' they never saw a Criminal Court , and be Applauded in things which every Servant about that Court knew to be Nonsence : Particularly , ' as that the Advocate , Threatned Iuries ; whereas all he did , was to Protest for an Assize of Error , which the Laws Command , and which all Advocates ever did , and to this day doe . Again , it is as Foolishly pretended ; That the Advocate Prosecuted Men without Order ; whereas indeed , he never Prosecuted any , until he was Commanded by the Council , who are our Grand Iury upon Oath , and all their Orders are Registrated ; the Court likewise , was so very favourable to these Criminals , that they did ordinarily Name ( those of their own Profession ) Presbyterians to pass upon their Jury , and sent Ministers of their own Perswasion , to Reclaim them ; and these Iurors and Ministers , seldom fail'd to Condemn them as much as the Judges did . The Capital Sentences in that Court , were Founded Generally upon Actual Rebellion ; and even as to those , there was not one of a thousand Executed : Nor in all Argyle's Rebellion , was any Executed by their Sentence , except one or two , who were pitched upon as Examples to terrifie others . Nor did there dye upon any Publick Account , Twelve , in all that Reign so Exclaim'd against , as Bloody ; and not one Dyed for any Principle in Religion , unless it be thought a Religious Principle to Dye for Actual Rebellion ; as to such , there needs no particular Defence , the very Light of Nature , the common Interest of Societyes , and the Laws of Nations , declaring it a Crime to justifie them . It is pretended , That tho' the Crimes had been Legally founded , yet the Probation was suspect in those times , because the Depositions of Witnesses were Previously taken , whereby Witnesses being once Ensnared , were forced to stand by their Depositions . To which it is answered , that in all Nations abroad , Depositions are Previously taken , as is Uncontroverted by all their Criminal Writers , and this is very necessary for the Good of the Subjects , lest they should be Prosecuted groundlesly , and this is as fit for the Good of the King , or Kingdom , lest such as are Guilty of Atrocious Crimes against the whole Society , should escape without being Punished , because Tryed when the formal and full Probation is not ready ; yet to prevent all mistakes , the Advocate interceeded that this Trust of Examining Witnesses , should not be left to the King's Advocate , as it ever formerly had been , but should be lodged in the Judges , and that lest their Depositions should be any Tye upon them , the Judges with Consent of the Advocate , ordered that the Depositions should be torn before they Deposed in Iudgment , and they were allow'd either to Correct or Pass from their former Depositions as they pleas'd ; And whereas formerly the King's Advocate had the Naming of the Jury , it is now lodged by Act of Parliament in the Judges . Nor was there ever any Witnesses suspected , except only in Chesnock's Case , wherein the Depositions were true ; and albeit the Witnesses afterwards Asserted upon Oath on their Knees , That their first Deposition was very true , and that they were only Frighted and Confounded in the Second ; yet the Council would not resume the Process , and thereupon he was Absolv'd : in the rest the Probation was but too clear , for beside all the Legal Probation , most of those who Died , owned and Gloried in their Crimes when they Died , Exhorting others to imitate them , in their Disowning the King , and Rebelling against him : and many of them Exhorted the People , to Kill all such as oppos'd their Principles , assuring them , that to Kill Malignants was acceptable to God. Strangers would likewise be pleas'd to be inform'd , That our Law allows the Party Accused , a Liberty to call in Witnesses , who may Depose upon Oath for Him against the King , which the Law of England does not , and this kind of Exculcapation was never allow'd till the Reign of King CHARLES II. The first Act which was the Warrant thereof , having been made by Sir Iohn Cunningham , and Sir George Mackenzie , when they were Criminal Iudges : and this was never refus'd to the Persons Accused , albeit they brought in frequently Witnesses , who took very great Latitudes , to save those of their own Principles by Swearing ; for instance , that tho' they saw a Person very like the Pannel or Party Accus'd , yet they could not Depose it was he , because it might have been a Vision , albeit at the same time , they had known him formerly very well , and that they Talkt with him that time in Arms , at the distance of ten or twelve paces , for half an hour together ; and at other times , they did positively refuse to Depose that they saw him have a Sword , tho' they owned that they saw the Hilt and Scabbard : Notwithstanding of which , and many such ridiculous Evasions , the Party Accus'd , was alwaies Acquitted . To descend to particular Processes : It is clamoured , that Mitchill the Famous Assassine , was Executed after he Confessed the Crime upon Promise of Life ; To which it is answered , that Mitchill having upon the High-Street of Edinburgh , Shot at the Arch-Bishop of St. Andrews , with a design to Murther him , he Wounded the Bishop of Orkney with that Shot , of which he never Recovered , and being thereafter Apprehended , Confessed the Crime , but continuing still to Glory in it , and very Famous Witnesses having Deposed , that Mitchill was upon a new Plot to Kill the same Arch-Bishop ; Mitchill was brought to a Tryal , and his Defences were , that the Earl of Rothes , to whom he Confest it , had promised to secure his Life , or that the Privy Council had afterwards promised the same ; for clearing whereof , the said Earl , and all who were upon the Committee , together with all such Members of Council as he desired to be cited , were fully examined , upon all his interrogatories : and the Registers of Council were produced , but not the least mark of a promise was made to appear by either , so that nothing remain'd , but that the Lord high Chancellour , and Lords of the Privy Council ( as they alledged ) perjured themselves , and that the Registers of Council were vitiated ; and how it 's possible to imagine that all this Villany was committed to take so inconsiderable a Fellows life ; I leave the World to Judge ? However , he also died glorying in his Crimes , and recommending to others the sweetness of such Assassinations . George Lermonth is alledged to have been unjustly executed , because he was condemned for being present at a Field-Conventicle , with a Rod only in his hand : whereas the truth is , that he was condemned for being Art and Part , that is to say , accessory to the Death of a Soldier , who was killed upon that place , and that he commanded those who killed him as an Officer , of which a man may be guilty in Law , without having a Sword ; and therefore the Iustices most legally repelled the defence founded on his not having a Sword. Hamilton of Monkland was not found guilty because he went into the Rebels to seek his Son , as some falsly suggest : but because being there , he sollicited a Committee of the Rebels to make his Servant an Officer ; and accordingly he being made one , he came back within some few days , and stayed several Months with Monkland , a point of Law so clear that his own Advocates could make no reply to evade it . There were indeed two Women executed , and but two in both these Reigns , and they were punished for most hainous Crimes which no Sex should defend . Their Crimes were , that they had recepted and entertained , for many Months together , the Murtherers of the Archbishop of St. Andrews , who were likewise condemned Traitors for having been openly in Rebellion at Bothwell-Bridge , whereupon they having been prosecuted , declined the King's Authority , as being an Enemy to God , and the Devil's Vicegerent . And tho' a pardon was offered to them upon their Repentance , they were so far from accepting it , that they own'd the Crimes to be duties ; and our Accusers should remember that these Women were executed for higher Crimes , than the following Montross's Camp , for which fourscore Women and Children were drowned , being all in one day thrown over the Bridge at Linlithgow by the Covenanters , and six more at Elgine by the same Faction , all without Sentence , or the least formality of Law. Baillie of Iervisewood was executed for being accessory to , and concealing of a design of raising twenty thousand Men , and siezing the Garrisons of Berwick and Carlisle , and the Officers of State. Nor would the Advocate raise an Indictment until Sir George Lockhart , and one of the Learnedst of the present Judges ; did declare that the point of Law and Probation were both most clear , and thereupon concurred in the process ( concealing of Treason is beyond all debate punishable as Treason in our Law ) and some of the Witnesses were his own Relations , who swore plainly and positively against him . The E. of Argile's Process deserves to be more largely clear'd ▪ and since this last Parliament has rescinded it , we shall without any Justification represent the Matter of Fact , which stands thus . The TEST being Enacted to be a Bulwark to the Protestant Religion , as upon the Event it prov'd , the E. was not oblig'd , but would needs take it with this Caution , I take it as far as it is consistent with it self , or with the Protestant Religion ; and I declare , that I mean not to bind up my self to wish or endeavour any Alteration I think to the advantage of the Church or State ; whereupon the Council observing , that the Test by one part of this his Declaration appear'd Ridiculous , and by the other it became ineffectual to all the Intents and Purposes for which it was design'd ; for so every Man's Opinion became the Rule of his own Loyalty , and no Man thereby oblig'd to be further Loyal than he himself might think convenient . They therefore Interposed earnestly with the Earl to pass from this his Declaration , but he refusing to disown it in the least , and Copies of it being industriously spread abroad , it was represented to him , that by Acts of Parliament , all such as put Limitations upon their Allegiance were guilty of Treason , for beside , that Men are not obliged to dispute the Reasonableness of Acts of Parliament after they were once made ; it is apparent that this Act was made upon most just and necessary Motives , for the Foundation of the Rebellion in the last Age , was , That by the Covenant the Subjects were not further obliged to own the King's Interest , than in so far as it agreed with the word of God , and the Laws of the Land , of which every private Breast made himself the Iudge ; and if this be allow'd , no Oath of Allegiance can bind , and so all Society must be dissolv'd . Notwithstanding all which , the Earl still persisting , and the Duke then High-Commissioner , being assured by one of the best Lawyers in the Nation , that the Paper imported Treason , ( tho' the Advocate scrupled to prosecute him from a Principle of Personal Kindness to the Earl ) he was thereupon prosecuted , and found Guilty after a full Debate , wherein Eight or Nine of the best Lawyers of the Nation , by a positive Command from the Council , did assist the Earl It is here also very observable , that no Malice could be design'd against the Earl ; because he was earnestly entreated to pass from the Paper containing his Declaration before the Process should commence ; and after all , the Captain of the Castle was allow'd not to keep him strictly , and as it is undeniable , That the King allowed the Earl's Estate to his Creditors , and that his Children got a far larger share of it , than if he had dy'd in his Bed ; so it can be prov'd it was fully resolv'd , that he should not die , nor did he die till he had Invaded his Native Countrey by open War , whereby the Parliament being convinc'd by this Open Act , that he had very clearly design'd by the former Caution in his Explicatory Declaration of the Test , to reserve to himself a Power to rise in Rebellion when he thought fit ; as was argued in the former Process ; they therefore ratified the Process of Forfaulture ( nemine contradicente ) and added their Authority to that of the Iustice Court , and because 't is wonder'd why he was not prosecuted upon this New Rebellion ; it is answer'd , That by the Laws of all Nations , and by the Laws especially of Scotland and England , no Man can be try'd for the very same crime for which he stands convicted , tho' he may for a crime which deserves a greater Punishment , for the Law has exhausted its Revenge by the first Sentence ; but yet where a new Notorious Aggravation superveens , which is so clear , that it can admit of no Debate , nor needs no Probation ; it were very unjust that the Law should not here be put in Execution , tho' the first Sentence had been thought too severe to deserve it . We conclude then this Process with this Reflection , That a Government can in no sense be call'd Severe , where the person accus'd has Liberty ( and is entreated ) to retract his crime , where his Children and Creditors get all his Estate , and where he himself does not suffer , until he made it manifest by his Invasion of his Native Countrey , that the design of his explaining the Test in a Paper under his Hand , was to reserve to himself a power to Rebell , and till he had aggravated highly his former guilt . But why do they reproach us with this one Decision , who do yet sustain those abominable ones , that were executed without the least shadow of Justice against the Marquess of Huntley and Montrose , President Spotswood , Haddo , and Seven hundred Gentlemen more , who died by their Justice Court , when their Covenant over-rul'd Law and Equity : and against Four hundred and Fifty Gentlemen and Commons who died by the Justice-Court of Argyle , beside the many thousands who died in the Civil War , ( of which they must be guilty , who raised it , and who never yet made the least profession of Repentance for it . The Parliament , 1685 , being inform'd of Monmouth and Argyle's Invasion , and being convinc'd that Argyle had reserv'd that power in his Explicatory Paper of the Test , meerly that he might Invade his Countrey and its Laws ; and reflecting on the Treasonable Principle of the Covenant of defending the King , only in defence of Religion , and the late limitations of owning no King , except he had taken their Covenant ; They therefore ( not by a Recognising Act , but in the Narrative only of the Act relating to the Excise ) offer'd their Lives and Fortunes , without reserve ; which Clause was inserted by the Parliament , not to introduce a blind Slavery , as some maliciously pretend , but meerly to exclude these Rebellious Limitations of Obedience invented by the Covenanters , which were inconsistent with former standing Laws , and by which the People had been highly debauch'd in the late Civil War ; for in that very Parliament they enlarged the Peoples Liberties , and ratified all Laws in favours of the Protestant Religion ; and the very same persons in the next Parliament refus'd to take away the Penal Statutes , whereas , if an absolute Slavery had been design'd , all the former Acts establishing our Liberty and Property , and all the Concessions granted to us by our Kings for securing our Lives and Fortunes , should have been expresly ▪ Enumerated and Abrogated ; and so the words in the Narrative of that Act could be no warrant for the Proclamation , disabling the Laws against Toleration as some would have us believe : and they who now complain , were the only persons who then took the benefit of that stretch of the Prerogative . We could wish that our Accusers would be careful , that in being too rigid Censurers of us , they do not expose all Governments , and even the present to reproach ; for it would seem to some who are now by-standers , as they then were , that though they cry'd out against us for torturing , when it was warranted by our uncontroverted Law ; yet the expediency of Government , or some other reason makes them do it , after they had declar'd it a Grievance , and had rail'd against it as inconsistent with all humanity . Nor do I see that the reserving it only to King and Parliament answers this Objection ; for the Parliament by their Authority cannot make that fit , which is inconsistent with Humane Nature , or that convenient which was declar'd to be incapable to produce the true effect for which it was design'd : and the making Torture then only a Grievance , when inflicted without a Cause ( as is pretended ) seems to satisfie as little , since every Man can easily pretend that what he does is done upon just Motives . The Imprisoning many , and keeping them long , can hardly be objected to us , since the present Government find themselves obliged to do both ; and the last Parliament , in their great Wisdom , thought it fit to reject a Bill for Habeas Corpus , when it was press'd as suitable to one of the Grievances : Nor can we yet discover why the forfeitures of those should be rescinded by the current Parliament , who were Sentenc'd for having taken up Arms at Pentland-Hills , and Bothwell-Bridge ; or those who were forfeited for the Proclamations at Sanquhar , and elsewhere , wherein King Charles was declared to have lost his Right to the Crown , for having broke the Covenant ( that Tripartit and Fundamental Contract betwixt God , the King , and his People ) and wherein it is declared a Duty to kill him , and all who serv'd him , and to throw off the Race of the Stewarts , as constant Enemies to God : * As also how the Forfeiture of the Duke of Monmouth , and all who adher'd to him , and that of the Earl of Argyle were repealed in Cumulo ; for if it be lawful for Subjects to rise in Arms upon the single pretence of Conscience , no King , nor no Government can be secure : If a considerable part of the Nation should now rise for Liberty , Property and Episcopacy , upon the same pretext , would the Parliament find this defence good ; some are also found who reproach the present Government for suffering Ministers to be thrown out by the Rabble without any previous Tryal or reparation afterwards , and many other things which afford but too great ground for Satyr and Complaint , if I were inclined to either . The Necessity of State is that Supereminent Law to which upon occasion all particular Acts must bow ; what else can be alledged to justifie the throwing out the first estate of Parliament , the passing by the Magistrates then in possession in making of their Elections ; and allowing some who had been sentenced for Treason to sit and Vote in Parliament , without ever examining the grounds upon which they had been Condemned : These who think that the necessity of State can justifie such Proceedings , ( which must be their only Plea , ) ought to be very careful how they blame their Predecessors for Severities , which some Mens ungovernable humours necessitated them to . We must also be allowed to admire how those who so eminently comply'd with the Dispencing Power in taking an Indulgence from the Papists , and who magnified King Iames upon that account as the best of Kings that ever Reign'd , should so snarle at us , who in a Parliament ( at which not one of them assisted ) refused to take away the Penal Laws made against Popery , whilst many of us resign'd our Places willingly in defence of those Laws ? Or how those who did sit in Parliament and Judicatures with us , consenting to and approving what was done in those Reigns , should now Countenance such Reproaches against us ; it being most undeniable that there 's but very few who deserved any Employment , or had any sence , who did not concur in most of those things for which we are now so severely censured , and there are very few of any Note or Consideration either in the last Convention , or present Parliament , who have not been accessory to many of the things now complain'd of . We do therefore in the last place recommend to all disinteressed Men , to consider that the Men of the greatest Quality , Learning , Experience , Parts , and Estates being then in the Government , and upon Oath , it is to be presumed that love to the Salvation of their Souls , respect to their Honour , and care of their Families and Posterity would have obliged them to shun and avoid all those Severities with which they are now most unjustly charged , and in common Charity to believe , that what was then done by those in Power , was design'd only for the Security of the Protestant Religion , against those Factions and Schisms , and to preserve the Country from those Civil Wars and Distractions which had destroyed both in the last Age ; and threatned to do the like in this ; notwithstanding all the Pains and Care that was taken to reduce the Authors of those Mischiefs to live peaceably and quietly . We foreseeing very clearly , that one Months Civil War would occasion more ruine and destruction to the Country , than possibly the Severities of a whole Reign could do . The only Design of this Paper being to defend our selves , without offending others , and rather to cement than widen Differences , we wish that all sides may busie themselves so much in setling their Native Country , that they may forget injuries , which the most impartial cannot think so great in the Reign of King Ch. the Second , as those that were committed by the Complaining Party in the Reign of K. Ch. the First , and we should be sorry they had been ballanced . But sure they will be most unpardonable , who begin again upon a new score ; for after that nothing can be expected , but that all Parties will run in an endless Circle of Severities . Which God of his infinite Mercy avert . A TRUE ACCOUNT OF THE Forms us'd in pursuits of Treason , ACCORDING TO The Law of Scotland : By which the JUSTICE of that Nation may be known to mis-informed Strangers . Written Anno 1690. IT is much to be admired , That such as never read our Law , revis'd our Records , nor were ever employ'd as Iudges or Advocats in our Criminal Courts , should adventure to condemn the Proceedings of those , who for many years have made that part of our Law their constant Study , who were upon Oath , and knew that their Posterity should be judged by their Decisions . But to inform all men more particularly , and to set things in their true light ; I shall represent the Legal way of Procedure in Cases of Treason , which is the only Crime to which this Jealousie may reach ; and then prove that the King's Advocat cannot prejudge the party accus'd in any step of the process . Treason may be pursued either at the instance of a private Informer , or at the instance of the King's Advocat , who is ratione Officii , Calumniator Publicus : If a private person inform , then his Name must be exprest , to the end he , nor none of his Relations may be us'd as Witnesses , he must find Surety that he shall prove , and that he shall insist , as being liable in * Poenam Talionis , if he fail in proving the Crime . When the pursuit was to be carried on for the publick Interest , the King's Advocat examined the Witnesses alone ; but Sir George Mackenzie thinking the Advocat might have been jealous'd , as too interested , prevail'd to get this Examination referr'd to the Iudges , who in all Nations enquire into the Grounds whereupon pursuits are to be rais'd , and after the Depositions were taken , and sign'd by the Iudges and Witnesses , the Advocat presents them to the Privy Council ; and if , after reading them , and a full debate upon them ( many of the Learned Lawyers of the Nation being Privy Counsellors ) it be found by Vote of Council , that there is sufficient ground from the Evidence to raise Process of Treason , then there is an Act of Council drawn , ordering the King's Advocat to insist ; but in this Tryal , the Advocat , tho a Counsellor , never votes . The Reason why this previous Examination is allow'd , is to secure the Subjects against their being rashly and unwarrantably pursued or prosecuted without sufficient Grounds : But left a Witness might have lookt upon himself as pre-engaged by this previous Deposition ; therefore these first Depositions were always torn , and the Witnesses declared free from whatever they had formerly depos'd . To strengthen the Security of the Defendant or party accused , Sir George Mackenzie us'd to interpose with the Officers of State , before the Depositions were brought into the Council , and to represent to them his own scruples : And if the Officers of State continued still of Opinion that a Process was to be rais'd , or the Party accused to be proceeded against , then he desired the ablest Advocats of the Nation to be called , before whom the Depositions were read , and if they concurr'd with the Officers of State in their Iudgment of the matters being criminal , then these Advocats were Ordain'd also to concur with him in the pursuit . And many of the most learn'd and most popular Advocats did concur with him in the most intricate cases ; as in Argyle's , Iervis Wood's , &c. which is not to be imagin'd they would have done , had they thought their Pleading in these cases any guilt or fault . Tho by the Laws of England and other Nations , the Defendant is allowed no Advocats to plead for him in Criminal Cases , but especially not in Treason , except where the Iudges can see debateable points of Law , yet lest the Defendant may by ignorance or confusion omit to represent those matters of Fact , from which new points of Law may arise , therefore Our Law allows always Advocats to the Defendant , and forces any whom he does name to accept the Employ . Act 91. Parl. II. I. 6. Tho by the Laws of some Nations no Witnesses are allow'd to be produc'd for the Defendant , but such as do appear voluntarily , yet when Sir George Mackenzie was a Iudge in the Criminal Court , which answers to the King's-Bench in England , he ordered for the good of the People the Remedy of Exculpation , whereby the Defendant representing that he has some Defences , a Warrant is giv'n to force the Witnesses whom he names to appear , under severe Penalties ; and such time is granted to him and them , as may be sufficient for their appearance , and these Witnesses when compearing are examined upon Oath , and the Iury is obliged to believe any two of them ( tho no Witnesses are allowed to Swear against the King in England ) This Order was thereafter turn'd into an Act of Parliament . Act 16.3 Sess. Parl. 2. Ch. 2. Article II. And also to take off all possibility of Packing Iuries in Edinburgh , where generally the Juries are chosen , 't was ordered by the Iudges , at Sir George his earnest Request , That the Town of Edinburgh should give up a List of all their Housekeepers who were able to pass upon Iuries , and that all these should be named per vices , according to the situation of the place where they liv'd . Because the Defendant did not know what Witnesses were to be produced against him by the King's Advocate , and so could not have Witnesses ready to prove his Objections against them , therefore Sir George prevailed with the Parliament that the King's Advocate should be for ever after obliged to give with the Indictment a List of what Witnesses or Members of inquest were to be used by them ; and an order is given for citing any Witnesses the Defendant pleases , with a competent time for bringing them . Fifteen days being still the least time allowed by our Law , for preparing the Defendant in all such cases . When the day of Tryal or Appearance comes , the Witnesses who were present at the giving the citation are obliged to depose upon Oath , that they truly saw the citation given : thereafter the King's Advocate produces his Warrant : Nor did ever Sir George Mackenzie prosecute any man until he was commanded by the Council , and till he produced his Warrant , ( as still appears from the Records of the Council and Criminal Court , to both which he solemnly appeals ; ) and then the Indictment is read , after which the Advocates for the Defendant , dictate to the Clerk his defences ; to which the King's Advocate dictates his replies , the Defendants Advocates again their duplies , &c. and that to the end the Iudges may the better consider what is said , and may stand in awe of posterity . After the debate is closed , the King's Advocate and all others retire , and the Iudges having read fully the Debate , they argue the case amongst themselves , and thereupon they by their Interlocutory Sentence find such and such points to be relevant , that is to say , well founded in Law , and they sign this Interlocutory Sentence or Iudgment , which is imposed as a further tye upon the Iudges , for the security of the People ; nor are Witnesses allowed to be examined upon any thing , but what they have found thus to be Legal . The Advocates for the King and Defendant being both called in before the Court , the Defendant hears the Sentence read , and then the forty five Iurors are called , and the Defendant's Objections against them are discussed ; and tho' of old the King's Advocate had the naming of the Iury , as being presumed disinteressed , yet Sir George Mackenzie prevailed to get an Act of Parliament , whereby the Nomination of the Iury was referred to the Iudges , fifteen of these forty five only are admitted as a sufficient Iury , and the Defendant is allowed to challenge or reject , without giving any ground or reason for it , any thirty that he pleases of that number , and the fifteen who remain make up the Jury , and are set by the Judges . The Iury being thus constituted , in the next place all the Witnesses are called in before the Court one by one , and not allowed to hear what one another say ; and after the Objections against such Witnesses are fully debated in Writ and upon Record , the Witnesses are either admitted or rejected , as the Judges find ground in Law and Equity : If admitted , the President of the Court examines only upon what is found legal or relevant in the Indictment . And in the next place he is examined upon any Interrogatory that is moved either by the Defendant , or any of the Iury for him , and then the whole Deposition is dictated by the President of the Court , and is fully read in the hearing of the Witness , and of the Defendant and his Advocats ; and if they desire any thing to be corrected , it is accordingly done , if the Witness agree with them in the correction ; and in the last place , the Deposition is signed by the President and the Witness that gave it . All the Depositions being thus taken , the Advocats for the King , and Defendant speak to the Iury in a full Harangue ; but because the Publick Interest was still to be preferr'd to private mens , therefore our Law allowed the King's Advocat to be the last Speaker in all Criminal Cases , till Sir George prevail'd with the Parliament to give the last word to the Defendant in all Cases except that of Treason , because ordinarily the greatest impression was supposed to be made by the last pleading . The Debate and Examinations thus ended , the Iury are enclosed , and get in with them the whole Debate , interlocutory Sentence and Depositions in writing , signed by the Iudges , Clerk , and Witnesses . This instructs them fully how to proceed ; and after they have chosen a Chancellour ( or Foreman ) and a Clerk , they read all the Process , and debate fully upon it ; and to the end every Iuror may stand in awe of Posterity , it is marked by the Clerk in the Verdict , who absolved , and who condemned ; and as no Witness can be examined but in presence of the Party indicted , so if any man speak to any of the Iury after they are enclosed , the Defendant is for ever Free. And tho of old the Clerk of the Court was used to be enclosed with the Jury for their direction ; yet Sir George Mackenzie procured , that , because the Clerk had some dependance upon the Crown , he might be excluded from going in with them , and that they might chuse their own Clerk ; which they use accordingly to do since that Act. Art. 8. of the foresaid Act. 16. By this it appears , that no Nation is more nice in securing the Subject , or have ever shewed more judgment in Processes or Proceedings of Treason , than Scotland has . In the next place I must observe , That no Nation has ever blamed a King's Advocat for assisting in Criminal Processes , nor lies there any Action or Scandal against him any where on that account ; as can be proved from many hundreds of Citations of the best Laws and Lawyers ; but he darkens his own Cause , when just , who uses these to ignorant people ; and he lessens his own esteem , who thinks he needs them amongst men of better sense : The Law trusts him entirely as a Publick Servant , who manages these Pursuits by Virtue of his Office , and not by Malice . The King's Advocat must either have a Negative over the King and all the Iudicatories , by refusing to concur , by which he might make the justest pursuit useless ( for tho he should lay down his Employment , yet it would give an ill impression even of the best Cause ) or otherways he must be obliged to concur ; in which Case he can do no prejudice , because Iudges are presum'd to be learned , and the Advocat is still to be consider'd as too interested , to have any dangerous Influence : Nor can he abuse the Iury with any misrepresentation in point of Law , for they are only allow'd by our Law to consider what is meer matter of Fact , and whether the precise point of Law referr'd to them by the Judges , be prov'd by these Depositions of the Witnesses which lye before the Jury in Writing . Iudges may err in point of Law , and Juries in point of Fact , but neither of these are entrusted to the Advocate , so that poor People are abus'd extreamly when they are informed that the King's Advocate occasioned any Mans Death . Sir George might here likewise represent , that in the Rebellion against K. Ch. I. many Noblemen and Gentlemen were pursued for rising in Arms by that same King's Commission by whose Authory their Iudges did sit ; and yet none of the Advocats of these times were ever quarrel'd with or mis-represented for debating even against their Master's Commission and Remission , as will appear by the Processes of Haddo , President Spotswood , Marquess of Huntley , Montross , and hundreds of other Gentlemen , but Sir Geo. needs justifie himself by no such Precedents . In the third place , Sir George Mackenzie may unanswerably urge , that no Man who endeavoured so to lessen the Power of the King's Advocats by Acts of Parliament and Regulations , can be thought to have had any inclinations to stretch it ; as also he may value himself for refusing to accept the King's Advocate 's place , till his Predecessour resign'd it under his hand ; that he never informed against any Man , nor suggested any pursuit ; that when a Pursuit was motioned , he pleaded as much in private for the Defendant , if the case was dubious , as any of his Advocates did thereafter in the process ; nor did he ever shew any vehemence in the process , except when he was jealous'd of Friendship to the Defendant , or of love to popularity , because he had so pleaded in private : and no age did ever see so many thousands pardoned , nor so many Indemnities granted , as was in his time , which as it must be principally ascribed to the extraordinary Clemency of the Kings he served , so it may be in some measure imputed to the natural Byass which Sir George had to the merciful hand . There is great Reason to believe that poor People are only misled by mis-informations , since some in their Pamphlets clamour against the Advocate for threatning the Iury with a Process of Errour , whereas all that he does is to protest for a process of Errour , which is a duty imposed upon him by our Law. They accuse him also for having occasioned great expences to the Countrey , for keeping Witnesses unexamined , whereas it appears fully from our Statutes and Practice that the examination of Witnesses is no part of his duty , for the Sollicitor presents them , and the Iudges only can examine them . The bulk of all the processes raised in K. Charles 2. and K. Iames 7. Reigns , were against such as rose in actual Rebellion at Pentland-Hills , Bothwell-Bridge , and Argyle 's Invasion ; the first were pursued by Sir Iohn Nisbet , one of the best Lawyers and Country-men that ever pleaded ; and Sir George Mackenzie did but Copy his Libels in pursuing Men in the other two Rebellions , These Indictments were founded upon the Laws of all Nations , and particularly of Scotland , declaring that Subjects taking Arms against the King and his Authority were Traytors . All the Nobility and Gentry , almost all who are in the present Government rose against them with their Swords in their hands , and so were more guilty ( if that must be called guilt ) than any Judge ; these Proceedings were justified by many Parliaments , and all the Iudicatures ; and England still continues to think that Monmouth's Invasion was a Rebellion ; so that the succeeding King's Advocates could not be blamed for pleading in defence of what others fought for , and judged . There were other two Classes of Men prosecuted in those times , the one was of the Murderers of the Arch-Bishop of St. Andrews , the other was of such as in publick Rendezvous of Rebellion , * as at Sanqhuar , wherein they declared K. Ch. 2. to have forfeited his Right to the Crown , because he had broken the Covenant , which was the fundamental Contract betwixt God , the King , and the People , and therefore they declared War against him , and that it was lawful to kill all who served him . Now it is left to any indifferent Reader to judge whether there needed any Eloquence to prevail with Iudges or Iurors to condemn such Rebels . But to shew the Clemency of the Government , Strangers would be pleased to consider that tho' above 20000 had been guilty of publick Rebellion , yet 200 died not by the Criminal Court , and above 150 of these might have saved their lives , by saying God bless the King ; not that the refusing to say this was made a Crime ( as is villainously represented ) but that this easie defence was allowed under this G●ntle King , whose Clemency we wish may be imitated by those who cry so much out against his Cruelty ; and amongst the many thousands that rose with Argyle , only two notorious Rebels were pitched upon by the Criminal Court to die for the example and terrour of others . And I may safely say , that there died not six in all the the time that Sir Geo. was Advocate , except for being in actual Rebellion , and for being Guilty of Assassination clearly proved ; nor did the Earl of Argyle himself die till he had actually invaded his native Country : nor George Lermonth , till it was proved , that ( tho' he wanted Arms ) yet he commanded those who were in Arms to fall upon the King's Souldiers , and so they were killed by his Command . And what Eloquence is requisite to perswade Judges or Juries to condemn in such Crimes ? TO THE READER . WHEN we inform Strangers of the Seditious Principles of the Scotch Presbyterians , they are justly surprised that such Villanies can be practised , where Humanity and Christianity are not openly and plainly renounced , and therefore some of their own Authentick Papers are here subjoined , which contain the natural consequences of their Covenant and Principles , by which we leave the World to Iudge whether Sir George Mackenzie has not treated them with all modesty and tenderness , and whether any Form of Government can possibly subsist , where such wicked and pernicious Fooleries are propagated . THE Solemn League and Covenant . WEE Noblemen , Barons , Knights , Gentlemen , Citizens , Burgesses , Ministers of the Gospel , and Commons of all sorts in the Kingdoms of Scotland , England and Ireland , by the Providence of GOD living under one King , and being of one reformed Religion , Having before our eyes the Glory of GOD , and the Advancement of the Kingdom of our Lord and Saviour Iesus Christ , the Honour and Happiness of the Kings Majesty and his Posterity , and the true Publick Liberty , Safety , and Peace of the Kingdoms , wherein every ones private condition is included ; And calling to mind the treacherous and bloody Plots , Conspiracies , Attempts , and Practices of the Enemies of GOD , against the True Religion , and Professors thereof in all places , especially in these three Kingdoms , ever since the Reformation of Religion , and how much their Rage Power and Presumption are of late , and at this time increased and exercised ; whereof the deplorable estate of the Church and Kingdom of Ireland , the distressed estate of the Church and Kingdom of England , and the dangerous estate of the Church and Kingdom of Scotland are present and publick Testimonies ; We have now at last ( after other means of Supplication , Remonstance , Protestations and Sufferings ) for the preservation of our selves and our Religion from utter ruine and destruction , according to the commendable practice of these Kingdoms in former times , and the Example of GOD's People in other Nations , after mature deliberation , resolved and determined to enter into a mutual and solemn League and Covenant : Wherein we all subscribe , and each one of us for himself , with our hands lifted up to the most high GOD , do Swear : 1. THat we shall sincerely , really , and constantly , through the Grace of GOD , endeavour in our several places and Callings , the Preservation of the Reformed-Religion in the Church of Scotland , in Doctrine , Worship , Discipline and Government , against our Common Enemies ; The Reformation of Religion in the Kingdoms of England and Ireland , in Doctrine , Worship , Discipline , and Government , according to the Word of GOD , and the Example of the best Reformed Churches ; And shall Endeavour to bring the Churches of GOD in the three Kingdoms to the nearest conjunction and Vniformity in Religion , Confession of Faith , Form of Church Government , Directory for Worship and Catechising ; That We and our Posterity after us , may , as Brethren , live in Faith and Love , and the Lord may delight to dwell in the midst of us . 2. That we shall in like manner , without respect of persons , endeavour the Extirpation of Popery , Prelacy ( that is , Church Government by Archbishops , Bishops , their Chancellours and Commissaries , Deans , Deans and Chapters , Arch-Deacons , and all other Ecclesiastical Officers depending on that Hierarchy ) Superstition , Heresie , Schism , Prophaneness , and whatsoever shall be found to be contrary to sound Doctrine and the Power of Godliness ; Lest we partake in other mens sins , and thereby be in danger to receive of their plagues ; And that the Lord may be One , and his Name One in the three Kingdoms . 3. We shall with the same sincerity , reality , and constancy , in our several Vocations , endeavour with our Estates and Lives mutually to preserve the Rights and Priviledges of the Parliaments , and the Liberties of the Kingdoms ; And to preserve and defend the Kings Majesties Person and Authority , in the preservation and defence of the True Religion , and Liberties of the Kingdoms ; That the World may bear witness with our Consciences of our Loyalty , and that we have no thoughts or intentions to diminish His Majesties Iust Power and Greatness . 4. We shall also with all faithfulness endeavour the Discovery of all such as have been , or shall be Incendiaries , Malignants , or evil Instruments , by hindering the Reformation of Religion , dividing the King from his People , or one of the Kingdoms from another , or making any Faction or Parties amongst the People , contrary to this League and Covenant , That they may be brought to publick Tryal , and receive condign punishment , as the degree of their Offences shall require or deserve , or the supream Iudicatories of both Kingdoms respectively , or others having power from them for that effect , shall judge convenient . 5. And whereas the happiness of a Blessed Peace between these Kingdoms , denyed in former times to our Progenitors , is by the good Providence of GOD granted unto us , and hath been lately concluded , and setled by both Parliaments , We shall each one of us , according to our place and Interest , endeavour that they may remain conjoined in a firm Peace and Union to all Posterity , And that Iustice may be done upon the wilful Opposers thereof , in manner expressed in the precedent Article . 6. We shall also according to our places and callings in this common Cause of Religion , Liberty , and Peace of the Kingdoms , assist and defend all those that enter into this League and Covenant , in the maintaining and pursuing thereof ; and shall not suffer our selves directly or indirectly by whatsoever Combination , Perswasion , or Terrour , to be divided and withdrawn from this Blessed Vnion and Conjunction , whether to make defection to the contrary part , or to give our selves to a detestable indifferency , or neutrality in this Cause , which so much concerneth the Glory of GOD , the Good of the Kingdoms , and Honour of the King ; But shall all the days of our lives zealously and constantly continue therein , against all opposition , and promote the same according to our power , against all Lets and Impediments whatsoever ; and what we are not able our selves to suppress or overcome , we shall reveal and make known , that it may be timely prevented or removed : All which we shall do as in the sight of GOD. And , because these Kingdoms are guilty of many sins and provocations against GOD , and his Son Jesus Christ , as is too manifest by our present distresses and dangers , the fruits thereof , we profess and declare before GOD and the World , our unfeigned desire to be humbled for our own sins , and for the sins of these Kingdoms , especially that we have not , as we ought , valued the inestimable benefit of the Gospel , that we have not laboured for the Purity and Power thereof , and that we have not endeavoured to receive Christ in our Hearts , nor to walk worthy of him in our lives , which are the causes of other sins and transgressions so much abounding amongst us , and our true and unfeigned purpose , desire , and endeavour for our selves and all others under our Power and Charge , both in publick and in private , in all Duties we owe to GOD and Man , to amend our lives , and each one to go before another in the example of a real Reformation ; That the Lord may turn away his wrath , and heavy indignation , and Establish these Churches and Kingdoms in Truth and Peace . And this Covenant we make in the presence of Almighty GOD the Searcher of all Hearts , with a true intention to perform the same , as we shall answer at that great Day when the secrets of all Hearts shall be disclosed ; Most humbly beseeching the Lord to strengthen us by his holy Spirit for this end , and to bless our desires , and proceedings with such Success as may be deliverance and safety to his People , and Encouragement to other Christian Churches groaning under , or in danger of the Yoke of Antichristian Tyranny , to joyn in the same , or like Association and Covenant , To the glory of God , the enlargement of the Kingdom of Jesus Christ , and the Peace and Tranquility of Christian Kingdoms , and Common-wealths . West-kirk the 13. day of August , 1650. THe Commission of the General Assembly , considering that there may be just ground of stumbling from the Kings Majesties refusing to subscribe and emit the Declaration offered unto him by the Committee of Estates , and Commissioners of the General Assembly concerning his former carriage and resolutions for the future , in reference to the Cause of God , and the Enemies and Friends thereof ; Doth therefore declare that this Kirk and Kingdom do not own nor espouse any Malignant party or quarrel or interest , But that they fight meerly upon their former Grounds and Principles , and in defence of the Cause of God and of the Kingdom , as they have done these twelve Years past : And therefore as they do disclaim all the Sin and Guilt of the King and of his House , so they will not own Him , nor his Interest , otherwise than with a Subordination to God , and so far as he owns and prosecutes the Cause of God , and disclaimes his and his Fathers opposition to the Work of God , and to the Covenant , and likewise all the Enemies thereof ; And that they will with convenient speed take in Consideration the Papers lately sent unto them from OLIVER CROMWEL , and vindicate themselves from all the falsehoods contained therein , especially in those things , wherein the quarrel betwixt us and that party is mis-stated , as if we owned the late Kings proceedings , and were resolved to Prosecute , and Maintain his present Majesties interest , before and without acknowledgement of the Sins of his House and former ways , and Satisfaction to Gods People in both Kingdoms . A. Ker. 13. of August , 1650. THe Committee of Estates having seen and considered a Declaration of the Commission of the General Assembly anent the stating of the quarrel whereon the Army is to fight , do Approve the same , and heartily Concur therein . Tho Henderson . A True and Exact Copy of a Treasonable and Bloody Paper , called , The Fanaticks New Covenant : which was taken from Donald Cargill at Queens-Ferry , Iune 3. 1680. one of their Field-Preachers , a declared Rebel and Traitor . Together with their Execrable Declaration published at the Cross of Sanquhair , upon the Two and twentieth day of the said Month of June ; after a solemn Procession and singing of Psalms , by Cameron , the notorious Ringleader of , and Preacher at , their Field-Conventicles , accompanied with Twenty of that wretched Crew . WE Under-Subscribers , for our selves , and all that join with us , and adhere to us , being put to it by God , our Consciences , and Men ; Do bind our Souls with a solemn and sacred Bond , lest on the one hand we should be carried away with the stream of the Apostacy and defection of the Church in this time , and on the other hand , lest we should ( not being so engaged ) evanish in Vanity , and be without a right Rule in good Designs : We have judged it our duty again to Covenant with God , and one another , and to publish this DECLARATION to the World of our Purposes , that Men may know our most inward thoughts , the Rules that we walk by , and the outmost ends that we have before our eyes for this intent , that those who are lovers of God , zealous of His reigning in Glory , and desirous of Reformation , and the propagation of His Kingdom , may have occasion no more to be jealous of our Intentions , and others may have no ground to load us with odious and foul Aspersions ; but , that all knowing the truth of us , if they shall strive against us , and Truth with us , shall do it without excuse , and against conviction ; and that those who shall join with us , may do it upon solid and undoubted grounds , and both they and we may expect Grace from Him , Faithfully to persevere , and happily to be successful in so good Purposes . It is true , We are not ignorant of the great unmindfulness , failing , counteracting , and mocking that has been in our former Vows and Covenants with God , and of the great Iudgments that hath , and are like to follow such impious and sinful dealing with God in such weighty Matters , ( for which we both ought and desire to be Humbled before Him , ) which cannot but make us with great trembling of Heart enter into new ones , knowing both our own weakness and readiness to relapse , and the great hazard and danger of such relapses ; Yet , the desire of recovering and preserving a remnant , and the conviction of this , as the most convenient mean , the zeal to Gods glory , and Christs reigning , ( which is the highest and most acceptable duty Man can perform to God , ) hoping for His Mercies ( who is witness to the Integrity of our Hearts and rightness of our Intentions ▪ ) that he will instruct , direct , accept , and prosper us , we go forward , declaring , that nothing else but what we here express is our Design . I. We Covenant and Swear , that we take the only true and living God , Father , Son , and Holy Ghost , to be our God , and betakes our selves to the Merits and Righteousness of His Son , as the alone Righteousness that can justifie us before God ; and that we take His Scriptures and Word to be the Object of our Faith , and rule of our Conversation in all things ; and that we shall give up our selves to Him , to be renewed , instructed , and in all things ruled by His Spirit , according to that Word ; and shall earnestly endeavour by His Grace , to render to Him that Love , Worship , and Obedience , that His Word requires , and His Goodness engages us to . II. That we shall to the outmost of our Power , advance the Kingdom of Christ established throughout the Land , ( if at any time hereafter God shall give us this opportunity ) Righteousness and the true reformed Religion , in the truth of its Doctrine , in the purity and power of its Worship and Ordinances , and its Discipline and Government , and free the Church of God from the Thraldom , Tyranny , Incroachment , and corruption of Prelacy on the one hand , and Erastianism on the other . And we shall to our power , relieve the Church and Subjects of this Kingdom , ( we being called thereto , by His giving of us Power , Power being Gods Call to do good ) of that Oppression that hath been exercised upon their Consciences , Civil Rights and Liberties , that Men may serve Him Holily , without fear , and possess their civil Rights in quietness , without disturbance . III. That we shall endeavour to our outmost , the extirpation of the Kingdom of Darkness , and whatsoever is contrair to the Kingdom of Christ , and especially Idolatry and Popery in all the Articles of it , as we are bound in our National Covenant ; and Superstition , Will-worship , and Prelacy , with its Hierarchy , as we are bound in our Solemn League and Covenant ; And that we shall with the same sincerity , endeavour ( God giving us Assistance ) the overthrow of that Power that hath established that Prelacy and Erastianism over the Church , and exercises such a Lustful and Arbitrary Tyranny over the Subjects , seeking again to introduce Idolatry and Superstition in these Lands , contrair to our Covenants : And in a word , that we shall endeavour the extirpation of all the works of Darkness , and the Relicts of Idolatry and Superstition , ( which are both much enlarged and revived in our times , ) and execute righteous Iudgments impartially ( according to the Word of God , and degree of Wickedness ) upon the Committers of these things , but especially Blasphemy , Idolatry , Atheism , Sorcery , Perjury , Uncleanness , Prophanation of the Lords day , Oppression and Malignancy , that being thus zealous for God , he may delight to dwell among us . IV. Seriously considering , that the hand of our Kings has been against the Throne of the Lord , and that now for a long time , the Succession of our Kings , and the most part of our Rulers with him , hath been against the purity and power of Religion and Godliness , and freedom of the Church of God , and hath degenerate from the vertue and good Government of their Predecessors , into Tyranny , and hath of late so manifestly rejected God , his Service and Reformation , as a Slavery , as they themselves call it in their publick Papers , ( especially in these last Letters to the King , and Duke of Lauderdale ) disclaiming their Covenant with God , and Blasphemously inacting it to be burnt by the hand of a Hang-man , governed contrary to all right Laws divine and humane , excercised such Tyranny and Arbitrary Government , opprest Men in their Consciences and Civil Rights , used free Subjects ( Christian and reasonable Men ) with less discretion and justice than their Beasts ; and so not only frustrate the great end of Government , ( which is , that Men may live Godly , Holily and Peaceably under them , and might be maintained in their Rights and Liberties form injury and wrong ) but hath also walked contrary to it , so that it can no more be called a Government , but a lustful Rage , excercised with as little right Reason , and with more Cruelty than in Beasts , and they themselves can be no more called Governours , but publick Grassators , and publick Iudgements , which all Men ought as earnestly to labour to be free of , as of Sword , Famine , or Pestilence raging amongst us ; and besides , hath stopped ( instead of punishing ) the Course of Law and Iustice against Idolaters , Blasphemers , Atheists , Murderers , Incestuous and Adulterous , and other Malefactors ; and instead of rewarding the Good , hath made Butcheries and Murthers on the Lord's People , sold them as Slaves , Imprisoned , For faulted , Banished and Fined them , upon no other account , but for maintaining the Lords Right to rule Consciences , against the Usurpations of Men , for fulfilling their Vows , and repelling unjust Violence , which innocent Nature allows to all ; of all which , and more particulars , we can give ( we speak as before God ) innumerable and sure Instances : Neither can it be thought that there is hope of their returning from these Courses , having so often shewed their Natures and Enmities against God and all Righteousness , and so often declared and renewed their Purposes and Promises of persevering in these Courses . And , suppose they should dissemble a Repentance of these Evils , and profess to return to better Courses , being put to Straits , or for their own Ends , ( for upon no other account can we reasonably expect it ; ) and though it might be thought , that there might be Pardon for what is done , ( which we cannot yet see to be , without the violation of the Law of God , and a great guiltiness on the Land , from which guiltiness the Land can never be free , but by executing of God's righteous Iudgements upon them , for omitting of so greatly deserved , and so necessarily requisite a Justice ; ) yet they cannot be believed , after they have violated all Tyes that Humane Wisdom can devise to bind Men ; and beside , there will be something of Folly found , to think to bind a King that pretends to absoluteness : And our Fathers , or rather our selves , at first judged it not warrantable to receive Him , without consenting to , and swearing of the Covenant : And if so , the renouncing and disclaming thereof , we ought at present to judge to be a just and reasonable ground of rejecting Him upon these Grounds , being assured of God's approbation , and Mens , whose Hearts are not utterly byassed , and their Consciences altogether corrupted , and knowing assuredly , that the upholding of such , is to uphold Men to bear down Christ's Kingdom , and to uphold Satans , and the depriving of Men of right Government and good Governours , to the ruining of Religion , and undoing of Humane Society . We then seeing the innumerable Sins and Snares that are in giving obedience to their Acts , on the other hand , seeing if we shall acknowledge their Authority , and refuse Obedience to their sinful Commands , the endless Miseries that will follow , and siding with God ( who we hope will accept and help us to a liberation from their Tyranny ) against his stated and declared Enemies ; do reject that King , and those associate with him , from being our Rulers , because standing in the way of our Right , free and peaceably serving of God , propagating his Kingdom and Reformation , and overthrowing Satans Kingdom , according to our Covenant ; And declares them henceforth to be no lawful Rulers , as they have declared us to be no lawful Subjects , upon a ground far less warrantable , as Men unbyassed may see ; and that after this , we neither owe , nor shall yield any willing Obedience to them , but shall rather suffer the outmost of their Cruelties and Injustice , until God shall plead our Cause , and that upon these Accounts ; because they have altered and destroyed the Lord's established Religion , overturned the fundamental and establish'd Laws of the Kingdom ▪ taken altogether away Christ's Church and Government , and changed the Civil Government of this Land ( which was by King and free Parliament ) into Tyranny , where none are associate to be partakers of the Government , but only those who will be found by Justice to be Guilty of Criminals , and all others excluded , even those who by the Laws of the Land by Birth had a right to , and a share in that Government , and that only , because not of the same Guiltiness and mischievous Purposes with themselves : And also , all free elections of Commissioners for Parliaments , and Officers for Government , are made void by their making those the Qualifications of admission to these Places , which by the Word of God , and the Laws of this Land , were the cause of their exclusion before , so that none can look upon us , or judge us bound in Allegeance to them . unless they say also we are bound in Allegeance to Devils , they being his Vicegerents , and not Gods. V. We then being made free , by God and their own doings , he giving the Law , and they giving the Transgression of that Law , which is the cause that we are loosed now from all Obligations , both Divine and Civil to them , and knowing that no Society of Men that hath Corruption in them , ( which always is ready to beget disorders and do injuries , unless restrained and punished by Laws and Government ) can be without Laws and Government , and withal desiring to be governed in the best way that is least lyable to Inconveniencies and Tyranny : We do declare , that we shall set up over our selves , and over all that God shall give us Power , Government , and Governours , according to the Word of God , and especially according to that word , Exod. 18. v. 21. Moreover , thou shalt provide out of all the People , able Men , such as fear God , Men of Truth , hating Covetousness ; and that we shall no more commit the Government of our selves , and the making of Laws for us , to any one single Person , and lineal Successor , we not being tied as the Iews were by God , to one Family , Government not being an Inheritance , but an Office , which must be squared , not to the Interest and Lust of a Man , but to the good of the Commonwealth , and this kind of Government by a single Person , &c. being most liable to Inconveniencies , ( as sad and long experience may now teach us , ) and aptest to Degenenate into Tyranny . Moreover , we declare that these Men whom we shall set over us , shall be ingaged to govern us principally by that Civil or Judicial Law , given by God to his People of Israel , especially in matters of Life and Death , and in all other things also , so far as they teach , excepting only that Law , ( viz. anent Slaves , ) which does not agree with that Christian Liberty established in all Christendom , ( only violated by our Tyrants , and some others of late , ) and that of Divorces and Poligamy ; the one being not a Law , but a Permission granted upon the account of the hardness of their Hearts , the other being a Sinful Custom contrair to the first institution of Marriage , crept in into the Church : We know that Men of Malignant and perverse Spirits , that has not a higher God than a wicked King , which suits only with their lustful licentiousness , and it may be others with them that seemed to be of better Principles , will raise an ignorant Clamour upon this , that it is a Fifth-Monarchy ; and we Fifth-Monarchy-men , and will labour to amuse the People with strange Terms , and put odious names on good things to make them hateful , as their way is ; but if this be their Fifth-Monarchy , we both are , and ought to be such , and that according to his word . VI. It being the work of the Ministers of the Gospel , to preach , propagate , and defend the Kingdom of God , and to preserve the Doctrine , Worship , Discipline , Government , Liberties and Priviledges of the same , from all Corruptions and Incroachments of Rulers , and all others . And seeing ▪ that the Ministers of the Church of Scotland , ( at least the greatest part of them before ) not only were defective in Preaching and Testifying against the Acts of these Rulers , for overthrowing Religion and Reformation , abjuring our Covenant made with God , establishing a Government in the Church , which that King calls his own Government , ( and so not God's , ) contrair to our Covenant ; Against inacting of that Blasphemous ( so Calvin calls that Supremacy of Henry the Eighth , upon which this Prerogative is founded , and from which it is derived , and is no less , if not more jnjurious to Christ , and inslaving to his Church , ) and Sacrilegious Prerogative given to a King over the Church of God , and against the other Acts and Incroachments of His Church , and hindred others also who were willing ▪ and would have testified against them , and censured some that did it , ( for which , together with the other Causes in their Trust and Administration , we may say , God hath left them to do worse things ; ) but also hath voted in that Meeting , ( which they are pleased to call an Assembly of Ministers , but how justly , let Men judge , ) an Acceptation of that Liberty , founded upon , and given by vertue of that blasphemously arrogated and usurped Power ; and hath appeared before their Courts to accept of that Liberty , and to be enacted and authorized there as Ministers , and so hath willingly ( for this is an elicit Act of the Will , and not an Act of Force and Constraint ) translated the Power of sending out , ordering , censuring , ( for as they accept of their Liberty ▪ from them , so they submit to their Censures and Restraints , at least all of them who were yet tried with it , and others of them appeared and acknowledged before their Courts , that they would not have done these things that they were charged with , if they had thought it would have offended them , ) Ministers departing from the Court of Christ , and subjection to the Ministry , to the Courts of Men , and subjection to the Magistrate , ( which had been impious and injurious to Christ and His Church , though they had been Righteous and Lawful Rulers , ) and by their changing of Courts ( according to common Law ) hath changed their Masters , and of the Ministers of Christ are become the Ministers of Men , and bound to answer to them as oft as they will ; and as by the acceptation of this Liberty in such manner , they have Translated the Power , so they have given up and utterly quit the Government , and a succession of a Presbyterian Ministry ; for as these were not granted them of their Masters , so they Exercise their Ministry without them , and so by this , as the Ecclesiastick-Government is swallowed up in the Civil , ( if the rest had followed them ) the Ministry should have also been extinct with themselves , and the whole Work of Reformation had been buried in Oblivion , not so much as the remembrance of it kept up : These , together with the other of their Commissions in Preaching , the lawfulness of paying that Tribute declared to be imposed for the bearing down of the true Worship of God , ( which they falsly termed Seditious Conventicles , ) and their advising these poor Prisoners to subscribe the Bond , and consequently could not but so advise all others , if put to it , ( for the hazard that Men were in , will not make a real change of the morality of that Action , ) and beside , the rest may be put to it upon the same hazard , and so if the one should advise , ( which consequently they must do , ) and the other should subscribe , this would altogether close that door which the Lord hath made use of in all the Churches of Europe , for casting off the Yoke of the Whore , and restoring the Truth and Purity of Religion and Reformation , and freedom of the Churches , and should have stopped all ingress for Men , when once brought under Tyranny , to recover their Liberty again . These Ministers then , not being followers of Christ , who before Pontius Pilate , gave a good Confession , which was , that he was a King ; and no King , if he have not power to order his House and Subjects , and they not following him , nor his Ministers , if not asserting and maintaining of this Kingly Power , against all Incroachers and Usurpers of it ; and besides , we being commanded , If any Brother walk disorderly , from such to withdraw ; and although in the capacity we now are in , we neither have , nor assume to our selves Authority to give our definite and authoritative Sentences of Deposition and Suspension against these Ministers ; yet we declare , which is proper for us to do , that we neither can , nor will bear Preaching , nor receive Sacraments from these Ministers that hath accepted of , and voted for that Liberty ; and declares all who have encouraged and strengthened their Hands , by hearing and pleading for them , all those who have traffiqued for an union with them , without their renouncing and repenting of these things , all those that do not testifie faithfully against them , and after do not deport themselves suitably to their Testimonies , and all who joyn not in publick with their Brethren , who are testifying against them ; we declare , that we shall not hear them Preach , nor receive Sacraments from them , at least , till they stand in Judgment before these Ministers , and be judged by them who have followed the Lord , and kept themselves free of these Defections : And as our Hearts hath cleaved to these Ministers , while they were on the Lord's side , and subjected our selves to them , so we shall still cleave to those that abide following him , and shall be subject to them in the Lord. VII . Then we do declare and acknowledge , that a Gospel-Ministry , is a standing Ordinance of God , appointed by Christ , to continue in the Church , until the end of the World ; and that none of us shall take upon him the preaching of the word , or administring the Sacraments , unless called , and ordained thereto , by the Ministers of the Gospel : And as we declare that we are for a standing Gospel-Ministry , rightly chosen , and rightly ordained , so we declare , that we shall go about this work in time to come , with more Fasting and Praying , and more careful Inspection into the Conversation and Holiness of these Men that shall be chosen and ordained , the want of which formerly , hath been a great sin , both in Ministers and People , which hath not been the least cause of this Defection . THE Declaration and Testimony OF THE True-Presbyterian , Anti-Prelatick , and Anti-Erastian , Persecuted-Party in SCOTLAND . IT is not amongst the smallest of the Lords Mercies to this poor Land , that there hath always been some who hath given a Testimony of every course of Defection which we were guilty of , which is a token for Good , that he does not as yet intend to cast us off altogether , but that He will leave a remnant , in whom He will be glorious , if they ( through His Grace ) keep themselves clean still , and walk in His Way and Method , as it hath been walked in , and owned by Him in our Predecessors ( of truly worthy Memory ) their time , in their carrying on our noble Work of Reformation , in the several steps thereof , from Popery and Prelacy , and likewise from Erastian-Supremacy , so much usurped by him , who it is true ( so far as we know ) is descended from the Race of our Kings ; yet he hath so far deborded from what he ought to have been , by Perjury and Vsurpation in Church Matters , and Tyranny in Matters Civil , as is known by the whole Land , that we have just reason to believe , that one of the Lords great Controversies against us is , that we have not disowned him , and the Men of his Practices , whether inferiour Magistrates , or any others , as Enemies to our Lord and His Crown , and the True-Protestant ▪ and Presbyterian Interest in their hands , our Lords espoused Bride and Church . Therefore , although we be for Government and Governours , such as the Word of God , and our Covenants allows , yet we for our selves , and all that will adhere to us , as the Representatives of the True Presbyterian Church , and covenanted Nation of Scotland , considering the great hazard of lying under such a sin , do by these presents Disown Charles Stuart , who hath been reigning , or rather ( we may say ) tyrannizing on the Throne of Scotland , or Government thereof , ( for faulted several years since by his Perjury and breach of Covenant with God and His Church , ) and Usurpation of his Crown and Royal Prerogatives therein , and many other breaches in matters Ecclesiastick , and by his Tyranny and breach of the very Leges Regnandi in matters Civil ; for which Reasons , we declare , That several years since he should have been denuded of being King , Ruler , or Magistrate , or having any Power to act , or to be obeyed as such : As also , being under the Standard of Christ , Captain of Salvation , we declare War against such a Tyrant and Usurper , and all the Men of his Practices , as Enemies to our Lord Jesus Christ , His Cause and Covenants , and against all such as have strengthened him , sided with him , or any ways acknowledged him in his Usurpation and Tyranny , Civil and Ecclesiastick , yea , and against all such as shall strengthen , side with , or any ways acknowledge any other in the like Usurpation and Tyranny , far more against such as would betray or deliver up our free Reformed Mother Church , into the Bondage of Antichrist , the Pope of Rome . By this we Homologat the Testimony given at Rutherglen , the twenty ninth of May , 1679. and all the faithful Testimonies of those that have gone before us , as of those also that have suffered of late ; and we do disclaim that Declaration published at Hamiltoun , Iune 1679. chiefly , because it takes in the Kings Interest , which we are several years since loosed from , because of the foresaid Reasons , and others , which may after this ( if the Lord will ) be published . As also , we disown , and by this resents the reception of the Duke of York , a profest Papist , as repugnant to our Principles and Vows to the most High God , and as that which is the great ( though alace too just ) reproach of our Church and Nation : We also , by this , protest against his succeeding to the Crown , and whatever hath been done , or any are essaying to do in this Land ( given to the Lord ) in prejudice to our Work of Reformation . And to conclude , We hope none will blame us for , or offend at , our rewarding those that are against us , as they have done to us , as the Lord gives the opportunity . This is not to exclude any that hath declined , if they be willing to give satisfaction to the degree of their offence . Given at Sanqhuair , Iune 22. 1680. These are the True and Exact Copies of the Fanaticks New Covenant and Declaration ; Collationed with the Originals , which are kept amongst the Records of His Majesties Privy-Council ; and attested by Al. Gibson , Cl. Sti. Concilii . And Will. Paterson , Cl. Sti. Concilii . A Blasphemous and Treasonable PAPER , Emitted by the Phanatical Undersubscribers , On May 1. 1681. According to the Original lying in the hands of the Clerks of His Majesties Most Honourable Privy Council . WE undersubscribers , now Prisoners for the truth in the Cannongate Tolbuith , though most vile , yet it pleased the Holy Ghost to work on our Spirits of a time past , in clearing causes of wrath , and shewing us duty from day to day , that now in some time past we are , and have been called Mad men and Devils , and now there is none in the Kingdom , in Prison , or out of Prison that we can converse with as Christians . And yesterday being the 26 day of the 5 th Moneth , it seemed good to the Holy Ghost and to us , to take out of our Bibles the Psalms in meeter for several causes mentioned afterwards , for the Book of the Revelation says , if any Man should add unto these things , God shall add unto him the Plagues which are written in this Book ; and we did Burn them in our Prison-house , and sweep away the Ashes . Likewise , in the Holy Scriptures , we renounce Chapters and Verses , and Contents , because it is only done by Humane Wisdom , and the changing of the Books after the Holy Ghost had placed them : we being pressed to this work by the Holy Ghost , do renounce the Impression and Translation of both the Old and New Testaments , and that for additions put unto them by Men , and other causes ; as first , putting in horrid Blasphemy , making a Tyrant Patron of the Church , when the Scriptures holds of none but of God , and needs no Patronage from any King , Prince , or Rulers , and the writing of that Blasphemous , Sacrilegious , ( as some call it ) the Epistle Dedicatory , filled with such Language , as Dread Sovereign Highness , most High and Mighty , most Sacred Majesty ; and likewise the horrid unparallell'd Blasphemy , making a Triangle with these Hebrew Letters in it thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Iehovah , representing the Trinity ; and likewise putting in horrid Pictures in several places of the Holy Scripture , and likewise drawing scores betwixt the Books of the Bible , and other superfluous Traditions . Likewise we renounce the Catechisms Larger and Shorter , and Confession of Faith , against which we have many causes ; one cause is , in the 23 Chap. for the Scripture proofs that they cite , proves the contrary of that they write . We renounce the Acts of the General Assembly , and all the Covenants , and acknowledging of Sins and engagement to Duties , and that which they call Preaching Books , and all their works , way , form , and manner of Worship , Doctrine , Discipline , and Government , and the studying on their Books , the thing they call their Preaching , for instead of going to God for his mind to the People , they go to their Books , and so makes their Books their God and their leader , and so all following that way , go to Hell together : The cause of this is , we find none of their works but they are like themselves , Carnal and Corrupt , according to that Scripture , Hate the Garment spotted with the Flesh. We renounce the limiting of the Lord's Mind by Glasses , and their ordination of Men only Learned , and their saying , that Learning is the essential of a Minister without grace . Likewise , we renounce their manner of renewing Covenants , pressing Mens Consciences to take a Covenant , and by so doing has filled the Kirk and State with Tyrants and incarnate Devils , as we find this day , they knew the Men to have no marks of grace , but on the other hand , to be prophane , as them they call King and Rulers , Captains and Comanders in State and Armies , and all Kirk Officers whom we call Tyrants and Iudas's , for by so doing they have corrupted both Kirk and State , as this day Kirk Men and States Men , whom we call Iudas's and Tyrants , are studying in opposition to Holiness and the work of Reformation , who entred in by these same Covenants , are now pursuing our lives for a Christian walk . And likewise , we renounce the Covenant taken at Queensferry , commonly called Cargil's Covenant , and likewise Hamiltown Declaration , yea , and Sanquhare Declaration , because they may and has owned these , and are owning these , who are Enemies to Holiness , and were Enemies to us , as some of them said , we should suffer Kirk Censure for giving over the old Apostat Ministers to the Devil , and some of them counted us their Enemies for the truths sake , and sent us word they would protest against us , and so we justifie our Lord in breaking them at Airds Moss , we justifie the Lord likewise , in taking away that they call Field-Preachings , or mockings , because they were nothing but Rebellion against the High Lord , as we find now when our Lord is come to the Cross , there is neither Minister nor People to bide by him , of the many Thousands has flocked to the thing they call Preachings or mockings , and therefore now all are found void of saving Grace , and so we see that word is accomplished , Strait and narrow is the way that leadeth unto Life , and few there be that find it : And that other word , many shall strive and shall not be able . We finding all former Actions to be such as Devils has and can creep in at ( as Declarations and Covenants ) and get the name of Saints : Therefore , this day it seemed good to the Holy Ghost and to us , to renounce and burn the former Covenants and Declarations , because they are not strait enough according to Scripture , and all their Works such like , and therefore we will own none of their Works , till it please the Lord to give us teaching from himself . By this all may know and understand , we overturn , and formally burns all the former Works of the Clergy of Scotland , and throughout all the whole World , that are in opposition to Holiness , dated the 6 th day of the Week , being the 27. of the 5 th Month , 1681. about Mid-day . We renounce and decline all Authority throughout the World , and all that are in Authority , and all their Acts and Edicts , from the Tyrant Charles Stuart , to the lowest Tyrant , and burns them the same day , being the 6 th day of the week , the 27 day of the 5 th Month , 1681. at Cannongate Tolbuith Iron-house . We renounce the names of Months , as Ianuary , February , March , April , May , Iune , Iuly , August , September , October , November , December . Sunday , Monday , Tuesday , Wednesday , Thursday , Friday , Saturday . Martimas , Holydays , for there is none holy but the Sabbath day . Lambmas day , Whitsunday ▪ Candlemas , Beltan , Cross stones , and Images , Fairs named by Saints , and all the remnants of Popery , Tool or Christmas , old Wives Fables and By-words , as Palmsunday , Carlinesunday , the 29 th of May , being dedicat by this Generation to Prophanity , Peacesunday , Halloweven , Hogmynae night , Valentins even ; no Marrying in the Month they call May , the innumerable Relicts of Popery , Atheism and Sorcery , and New years day , and Hansell-Monday , Dredgies and Likewakes , Valenteins Fair , Chappels and Chaplains : likewise Sabbath days Feastings , Blythmeats , Banquetings , Revelling , Pipings , Sportings , Dancings , Laughings , Singing prophane and lustful Songs and Ballads , Table-Lawings , Monk-lands , Frier-lands , Blackfrier-lands , Kirks and Kirkyards , and Mencat Crosses , Fount-stones , Images , Registers of Lands and Houses , Register Bonds , Discharges , and all their Law-works , Inhibitions , Hornings , Letters of Adjudications , Ships-passes , Prophanity and all unchast thoughts , words and Actions , formality and indifferency , Story-books and Ballads , Romances and Pamphlets , Comedy-books , Cards and Dice , and all such like , we disown all of them , and burns them the 6 th day of the week being the 27 th day of the 5 th Month , 1681 , at the Cannongate , Tolbuith Iron-house . We renounce all the Customs and Fashions of this Generation , their way and custom of eating and drinking , sleeping and wearing , and all our own former ways , as well Religious as Moral , in so far as they have been squared and casten in this Generations mould , and all our iniquious courses , lightness and unconcernedness with the Glory of God , the only end wherefore we were sent into the World the 7 th day of the Week , being the 27 th of the 5 th Month. We renounce all that are now in Prison-houses or Correction-houses , Men and Women ; for none of them are with us in this work , and when we sent them a Copy of this our Renounciation , they called us Devils . The Copy of this we burnt instead of the Books and Works of this Apostate Generation , and buried the Ashes in our and covered it with dust . Notwithstanding of our burning Covenants and Declarations , and renouncing of them and their works ; Be it known to All , that we do neither vindicate the cursed Murderers of their Bloodshed on Fields , and Scaffolds , and Seas , and other horrid Cruelties , such as Torturings , Imprisonments , Pillagings , Banishments , Scourgings , Stigmatizings , &c. nor condemn we the worthy Martyrs , and the sufferings of others , only we give the Lord Justice , and vindicats his tarrying , for now the Furnace has brought forth a more pure Cause which we term , Holiness to be built upon the word of God. That all may know and see our innocency , and know our end is and was the Glory of God in all we did , though we came far short ; and in the Months past we could get none to shew us kindness for Meat or Lodging , though we could pay for it our selves : That word in Malachy , Ye are cursed with a curse , for ye have robbed me , even the whole Nation . And likewise in Deut. We seeing the Land all thus cursed , and all justifying themselves in that iniquity , were afraid to eat , or drink , or sleep under a Roof with them : though there were many that would have shelter'd us , yet we could not eat , drink , converse , or pray with them , lest we had come under the Curse , so many times our Beds has been in the open Fields , and we have come to houses and they would not sell us Meal to make Potage of , and we have found Meal and Water a rare dish , because the curse was off it , and it was blessed to us , according to that Scripture , the blessing of the Lord maketh Rich. We are not murmuring in this , but when the Weather has been worst , Winds and Rain , cold Frost and Snow , and when we had fasted most , we were best satisfied , according to that Scripture , all shall work together for their good , that truly seek the Lord ; when we had outward straits , then we had most inward peace , we had joy in the Holy Ghost , so the things the World calls the worst of our life , as reproaches , imprisonments , nakedness , hunger , and cold , &c. we had rather be suffering for our Lords sake , than be Kings of the whole earth , for our joy no man can take from us , and our Prison is so pleasant through our Lord , that we care for no company , for we know no company but all are cursed , and we know not what it is to be weary , but according to that Scripture , eat and drink my beloved , yea eat and drink abundantly , we are rather in Paradise . These things were cleared to us when fasting and praying , and we were pressed to do this by the Holy Ghost , we had many Fasts about this thing , and this Week we took some Milk and Bread in the third day of the week in the morning being the 24 after the 5 th Month 1681. And tasted neither meat nor drink , nor any other kind of living , till the 6 th day of the week at 4 ▪ day of noon ( and then we took a little Milk and Bread ) for to find out the causes of his wrath we have wandred , mourned , wept , many a night and day in Houses and Fields , for we have and has had no other end but his Glory , that the Elect such as should be saved might be brought in , and it is only Conscience that keeps us from giving Men Reverence in word and behaviour , though some call us dumb Devils , and unlearned Bruits , and one of us when coming before them they call Rulers , was called a Block-head , notwithstanding of all that came on us , we know and are taught by the Holy Scriptures , to give Honour unto whom Honour is due , and to salute one another , but it has been our work of a time to renounce the filthy vile Imbracings , Salutations , and Complements of this Generation , which they call Court-breeding , our carriage , professing to follow the Lord Jesus , should be steed and circumspect according to that Scripture , Let us walk circumspectly , not as Fools , but as wise Men , as it is written in Matthew , Let your light so shine before Men , that they may see your good works , and glorifie your Father which is in Heaven . Cursed are they that says peace to a Land , who are in the place of Watchmen , when the Lord says no peace , which practice , we silly unlearned Creatures renounce , for we bless him he has keeped us from resting till the Ark rest , and as for these they call Watchmen , that cries peace or keep silence , we shall refer them to the Prophet Ezekiel , which ye may read at leisure , which we think shall be Scotland . Doom , for we have heard tell of few of them they call Ministers , but they have all said peace , when brought before the Enemies to witness their practice , being most unconscionable on Hill sides , and Moor sides , before several thousands , they called them Tyrants , and intollerable Oppressors , and their Government Tyranny and Oppression , and that the Crown of Supremacy that Charles Stuart had usurped over the Kirk , would weigh him down from the Throne , and all that Race with him , and when they are brought before them , and into Prisons , nothing but in with the other supplication , to the Honourable Lords of His Majesties Secret Council , beck and beinge , and please your Lordships Grace , &c. and now they are all at peace with his Enemies , save one whom we disown , and so or long the Enemies shall Curse them , when the Lord awakens their Consciences , ( though we confess we have had some special Witnesses of Ministers ) and we think or long , the Malignants shall pursue these Ministers to Death for unfaithfulness , for the vilest Creatures in the Land high and low , Rich and Poor , noble and ignoble , must give account for works done in the flesh ; then the Dogs , Sorcerers , Whoremongers , and Murderers , and Idolaters , False-Swearers , Cursers , Sabbath-breakers , Idle loose Livers , and all that are unchast in thoughts , words , and behaviour , and all that makes no Conscience of their way , and whosoever loveth and maketh a lye , shall tremble that day when they shall enter into Eternity ; when it shall be said as it was to Dives , Thou in thy Lifetime hadst thy good things , and Lazarus his bad things : For except a Man be born again , he can in no wise enter into the Kingdom of Heaven . We take up the Book of the Holy Scripture at the Lords command , and for a Testimony of our Dissatisfaction , at the abounding Corruptions , both of Translators and the Press , and likewise for a Testimony of our desires and intentions for a new Translation and Impression , free of the foresaid and other abuses , we to our power reform our own Books , and sayes , that the word of God needs no humane Art ; we hold that the Word of God is laid the Foundation of this new Building , and shortly it shall become the head Corner stone of the Building , over both Kirk and Stater Kirk-Men , and States-Men ; so that Scripture towards the end of the Rev. of Iohn shall be fulfilled ; And I saw Heaven opened , and behold a white Horse , and he that sat upon him was called Faithful and True , and in Righteousness he doth Iudge and make War , his Eyes were as a flame of Fire , and on his Head were many Crowns , and he had a new Name written that no Man knew , but he himself , and he was Cloathed with a Vesture dipt in Blood , and his Name is called the word of God. And first , to shew that we take the Word of God in every point to be our Rule , the sum and end of our so much reproached and mocked at Exercise ( Fasting and Prayer ) will be found in the Book of Psalms ; Be thou exalted , O God , above the Heavens ; and let thy glory be above all the Earth . It is written in the Acts of the Apostles , It seemed good to the Holy Ghost and to us : but they usurping Supremacy , says , by the Authority of the General Assembly allows these Psalms to be sung in Congregations , &c. which we renounce : And more , we think the Psalm Book in Meeter , and no other thing ought to be within the broads of the Bible , but the simple Scriptures of Truth ; the Psalms may be had in a Book by themselves . We are so reproached and calumniate , that we are forced to make our defence , and shew that we have mourned , fasted , and prayed many a day , and many a night this last Winter , many times in the open Fields , in Frost and Snow , while our Cloaths were frozen upon us , and our Feet frozen in our Shooes , as the Town of cursed Borronstonness can witness , and all this to find out the causes of our Lords tarrying , when those who are now calling us Devils , were turning themselves upon their Ivory beds , like a door upon the Hinges , eating the fat and drinking the sweet at their own ease : And when we were driven thence by Persecution , we took our selves to the Fields , holding still by our duty , where many Women did offer themselves to the Work , with whom our spirits was many a time burdened , whom we could not put away ( as our blessed Lord dealt with Iudas whom he knew would betray him ) without manifest causes : We stayed not with them but on solemn days , such as Sabbaths , and appointed times for publick meeting , but when they took their rest betwixt hands , we continnued still in Fields , nights and days , fasting and praying for two or three days together several times , and it was always their fear we should propose some question to try them for Separation , and that night before we was taken , we warned them that the Soldiers would come , and told them to use their freedom : we saw them also a mile off , an hour before they came , and none of them would go away ; and after we were brought in hither , after some several days Fasting and Prayer , we being warned by the Holy Ghost , followed Esther's advice , and continued from eight a Clock of the morning the 24 day of the 5 Month , till the 27 at four afternoon , Fasting and Praying ; we sent them word likewise to Fast and Pray , and when we sent them the answer of our Prayers in the writ , they called us Devils : Thence we fasted till the 28 day at night , and thence till the 30 at night , waiting still to see if they would recover , but they waxed still worse , and we were forced to write this to vindicate our carriage towards them . Walter Ker. Iohn Gibb . David Iamison . Iohn Young. This is Exactly Compared and Collationed with the Principal Copy , by me WIL. PATERSON , Cl. Sti. Concilii . FINIS . A Catalogue of some Books Printed for Io. Hindmarsh at the Golden-Ball over against the Royal-Exchange in Cornhill . THE Antiquity of the Royal Line of Scotland farther Cleared and Defended , against the Exceptions lately offer'd by Dr. Stillingfleet , in his Vindication of the Bishop of St. Asaph . By Sir George Mackenzie , His Majesty's Advocate for the Kingdom of Scotland . The Moral History of Frugality with its opposite Vices , Covetousness , Niggardliness , Prodigality , and Luxury . Written by the Honourable Sir George Mackenzie , late Lord Advocate of Scotland . A Memorial for His Highness the Prince of Orange , in Relation to the Affairs of Scotland : Together with the Address of the Presbyterian-Party in that Kingdom to His Highness ; And some Observations on that Address . By two Persons of Quality . An Account of the Present Persecution of the Church in Scotland , in several Letters . The Case of the Present Afflicted Clergy in Scotland truly represented . To which is added for Probation , the attestation of many unexceptionable Witnesses to every Particular ; and all the Publick Acts and Proclamations of the Convention and Parliament relating to the Clergy . By a Lover of the Church and his Country . An Historical Relation of the late Presbyterian General Assembly , held at Edinburgh , from October 16. to November 13. In the Year 1690. In a Letter from a Person in Edinburgh to his Friend in London . Notes, typically marginal, from the original text Notes for div A50913-e110 Vid. Cargil and Sanchars Covenant at the end . * That is , this noise of Prisoners yet preserved alive . So the Preacher applied his Doctrin . The truly learned Advocate for the King. † Illud tamen generaliter observandum , quod Iurisdictio nunquam privative sed cumulative delega●i potest , non est quasi transitio juris de un● persona in aliam sed tantum mandata , jurisdictio quod non obstante Delegatione adhuc remanet in delegante . Considering the violent and cruel temper of their Enemies . * Compare this with the Sanchar Declaration , and Cargil's Covenant at the end of this Paper . Notes for div A50913-e7240 * That is , the same Punishment which the Law provides against such a Criminal . Art. eod . II. Art. 3. ejusdem . Art. 10. Act 92. Ses. II. Iac. 6. * Vid. Cargils Covenant and Sanchar . Declaration . 
A52339	----	Of the medals and coins of Scotland Nicolson, William, 1655-1727. 1709 Approx. 68 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A52339 Wing N1148A ESTC R219021 99830557 99830557 35010 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A52339) Transcribed from: (Early English Books Online ; image set 35010) Images scanned from microfilm: (Early English books, 1641-1700 ; 1920:27) Of the medals and coins of Scotland Nicolson, William, 1655-1727. 32 p. s.n., [London? : 1700] By William Nicolson. Caption title. Imprint from Wing. Reproduction of the original in the Goldsmiths Collection, University of London. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Coins -- Early works to 1800. Scotland -- History -- Early works to 1800. 2005-10 TCP Assigned for keying and markup 2006-01 SPi Global Keyed and coded from ProQuest page images 2007-01 Ali Jakobson Sampled and proofread 2007-01 Ali Jakobson Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion CHAP. I. Of the Med●●● and Coins of Scotland . THere are not many Scotch Coins found on the Borders of the Two Kingdoms , notwithstanding the frequent Conflicts that have happen'd there : And one great Reason , why they are more rarely met with than the English , is because ( as our Edward the Second observ'd in his (a) Speech ) the Kings of Scotland used not , in old Time , to pay their Armies , but every Man follow'd at his own Expence , and carry'd his own Provisions . He that wrote the short Catalogue of the King 's prefix'd to H. Boethius's History ( I speak thus doubtingly of it , because it could not be written by that Historian himself , since it concludes with Queen Mary's two Husbands ) affirms roundly that there was no coin'd Mony in the Days of K. Reutha ; but that all manner of Payments , of Wages or Prices , were made in Corn or Beef . In the (b) History it self this King is said to have order'd the Salaries of Men of different Professions in a certain and critical manner ; so as that a Counsellor at Law was to have the Ox's Tongue , the Physician two Ribs out of each of his sides , &c. Bishop (c) Lesley indeed reports this matter much otherwise ; and assures us that King Reutha coin'd Mony of Leather , Numum ex corio bubulo cudi jussit : But , long after this , the Brigantes are (d) said to have been Strangers to the Use of any sort of Coin , their whole Treasure ( in aractacus's Reign being in re pecuaria , in their Stocks of Cattle . We are told that (e) Brudus King of the Picts , sent a considerable Sum [ missa ad eum ingenti pecuniae vi ] to the Saxon King Edwine , as his Stipendiary against the Scots : But , whether this was of his own or some foreign Coin , we are not inform'd . 'T is probable enough that some sort of coin'd Money they had , even long before that Time , if their Neighbours the Scots were made acquainted with the Thing as early as K. Donald the First 's Days . And so says (f) H. Boethius , whose very expressions are mostly transcrib'd by the following Historians , and are these : Donaldus , primus omnium Scotorum Regum , ut in Nostris Annalibus proditum est memoriae , Nummum Argenteum Aureumque signavit , una parte salutiferae Crucis , altera sui ipsius Effigie expressa , quo suscepta a se primum inter Scotos Reges Christianae pietatis memoriam ad posteros propagaret . Enimvero Nostrates antea aut nulla pecunia signata , sed ejus loco Mercibus Commmutationis Causa , aut Romana aut Britannica , in Commerciis utebantur . He proves the latter part of this Story from great Quantities of Roman Money found in Fife and other Parts of the Kingdom ; but his Authorities for the rest , which is of chief Concern to us are omitted . I do not much doubt but that these Parts of Great Britain have all along maintain'd their Commerce ( and may they ever continue to do so ! ) in the same Methods and Fashion with those that are more Southern : So that the Value of Money , and the Prices of Goods , have generally been at a par amongst the several Nations which antiently inhabited this Island . An early Instance we have of this in the (g) Laws of King Malcolm the Second , wherein a Colpindach ( or young Heifer ) is valu'd at Thirty Pence ; the very same Price which is set on an Ox in some of our (h) Saxon Laws , which are supposd to have been Enacted about the same Time. CHAP. II. Of the Scottish Gold Coins . HOW long the Scots have coin'd Gold is very uncrtain ; tho' , I think , we may ( in the Gross ) venture to affirm that they hardly did it before the English : And we have elsewhere ascrib'd the Beginning of the Matter there to K. Edward the Third . What the (i) Nummus Aureus was which Macolm Camnoir appointed to be paid in Lieu of that obscenc Privilege given to the Grandees of Scotland by Euenus the Third , upon the Marriage of their Tenants and Vassals , I cannot certainly tell ; tho' my Author says 't was of the same kind with what ( in his own Time ) was well enough kown by the Name of Marcheta . Dimidiata Argenti Marca is the Expression he (k) elsewhere uses ; and I suppose this may suit the Thing better than Nummus Aureus . The five last Chapters in the Regiam Majestatem are observ'd to be of a suspected Authority ; or , otherwise , we might seem to have a pretty good Evidence of K. David the Firsts coining of Gold : For thus runs one of the Laws , (l) Pro Vulnere in facie vulnerans dabit unam peciam Auri , videlicet , unam Imaginem Auri. These are all Uncertainties . Before we enter upon the Times wherein we have better Light , it will be convenient to to observe two Things to the Reader : 1. That the Proportion betwixt Gold and Silver , in the Kingdom of Scotland , has usually been as One to Twelve ; so that when the Ounce of Gold was at three Pounds , the Ounce of Silver went at five Shillings , &c. This is more particularly clear'd in a Manuscript Note of (m) Sir James Balfour's , which he had call'd Prysses of the Cunzie in the hail tyme of Ja. 1. Ja. 2. Ja. 3. Ja 4. Ja. 5. and Queine Marey . A. D. 1437. ( says that Note ) K. James the First at his Death , had a Standard equal to that of England : Silver was at 5 s. ( Scots ) the Ounce , and Gold at 3 l. A. D. 1440. K. James the Second rais'd Silver to 8 s. the Ounce ; and Gold to 4 l. 19 s. A. D. 1466. James the Third rais'd the Silver ( first ) to 10 s. 8 d. and the Gold to 5 l. 12 s. afterwards he again mounted the Ounce of Silver to 12 s. in November , 1475. but ( in February 1483. ) he reduced it to 11 s. 8 d. The Gold he advanc'd to 6 l. A. D. 1489. James the Fourth kept both at the last mention'd Value . There are no remaining Acts of Council , concerning Coinage , in K. James the Fifth's Time ; tho' great Alterations were made in that Reign . The Douglas-Groats ( of 10 d. fine ) and Babies ( of 3 d. fine ) were then brought in use ; as were likewise the Bonnet-pieces of Gold. He left the Ounce of Silver at 19 s. 9 d. and Gold at 12 l. A. D. 1542. In Q. Mary's time the Ounce of Silver rose to 30 s. and she coin'd Placks ( of only 2 d. fine ) at 4 l. 16 s. the Ounce 2. Another Thing whereof I am to admonish the Reader is , that he will find the Weight of the Gold and Silver ( in the following Account of the Coins of both Metals ) computed by different Standards . In the former is observ'd that of the Goldsmiths of Edinburgh ; who divide their Ounce into sixteen Drops , and their Drop into 36 Grains , 27 of their Grains making our Penny-weight . In weighing of the Silver Coins , I have kept to our common English Weights ; by Ounces , Penny-weights and Grains . The Reason of this Difference , is , because all the Golden Coins are now in the Possession of ( my worthy and communicative Friend ) Mr. James Southerland ; who was pleas'd nicely to examine their several Weights by the Standard of his own Country . Most of the Silver-pieces are in the Hands of the most Reverend Father in GOD , the present Lord Archbishop of York ; and his Grace , among the many generous Acts of Favour which I have had from him , has kindly obliged me with his own most learned and curious Remarks upon ' em . These two Things premis'd , I begin the Scottish Coins in Gold. These , as I take it , cannot be carry'd higher than the Sovereignty of the Royal Family of the Stewarts ; the eldest Golden Coin of Scotland seeming to be no older than the Reign of K. Robert the Second . To this Prince , I suppose , belong the Three following : 1. The Scotch Lyon within a Shield crowned , a small Circle about the Shield , and Robertus Dei Gracia Rex Scot. Rev. St. Andrew on the Cross , betwixt two Flower-de-Lys's , with Dns. Protector MS. & Libera . Weight 1 Dr. 9 Gr. 2. Another differs only in the Words Liberato and Scoto , and the Weight is but 1 Dr. 3. The Scotch Lyon in a Shield not crown'd . Robertus Dei G. Rex Sco. R. St. Andrew's Cross , with two Flower-de-Lys and two Trefoils . Dns. Protector MS. W. 20 Gr. The five next I guess to belong to Robert the Third ; since they carry a Motto , on the Reverse , which was not ( I think ) more early in this Isle . K. Henry the Fifth was the first that bore it in England . 'T is true (n) Le Blanc gives this Motto on a Coin which he ascribes to K. Lewis the VII . which would carry the Antiquity of an Inscription somewhat higher : But he that curiously examines that Coin will find the Shield of the Royal Arms enclos'd in a Rose not used in England before Edward the Third's Time : And , if the Fashions of Money were brought from France hither ( as perhaps every Body will allow ) yet I think all agree that we followed their Example pretty early , as the Scots did ours . So that it may be worth the considering anew , whether this Coin be truly so old as Le Blanc puts it . 1. The Scotch Lyon within a Shield crown'd , Robertus Dei Gra. Rex Scotorum . R. St. Andrew stretched upon his Cross , XPC. Regnat . XPC. Vincit . XPC. imp . W. 2 Dr. 2. Different only from the former in Robertus Dei Gratia Rex Sco. W. 1 Dr. 4 Gr. 3. The Shield not crown'd , Robertus Dei G. Rex Scoto . R. as above . W. 1 Dr. 4. The Shield as before , Robertus Rex Scotorum . The Reverse the same with the two last mentioned . W. 34 Gr. 5. About the Shield ( not crown'd ) a Garniture somewhat representing a Rose , Robertus Dei Gratia Rex co . R. as before . W. 34 Gr. A 6th without co . King James the First may probably challenge the two next , being of a near Resemblance to some of those of his immediate Predecessor . 1. The Scotch Lyon in a Shield crown'd , betwixt two Flower-de-Lys's , Jacobus Dei Gra. Rex Scotorum . R. St. Andrew stretch'd on the Cross , XPC. Regnat . &c. W. 1 Dr. 24 Gr. 2. A small Crown on each Side of the Shield , Jacobus D. Gratia Rex Scotor . R. The Flower-de-Lys's not crown'd as in the former , Salvum fac populum tuum . W. 1 Dr. 24 Gr. In the Fourteenth Year of King (o) James the Second , it was enacted in Parliament , That there should be striken a new Penny in Gold , called a Lyon , with the Print of the Lyon on th' ane Side , and the Image of St. Andrew on the other Side , with a side Coat even to his Fute , halding the samin Weight of the Half English Noble . This was to go at 6 s. 8 d. and its Half at 3 s. 4 d. exactly at the same Rates with the Demy and Half Demy . Afterwards , in his (p) Eighteenth Year , the Demy and new Lyon were order'd to go at 10 s. Of one Sort or other of these are the six following . 1. The Scotch Shield crown'd , with a crown'd Flower-de-Lys on each Side , and Jacobus Dei Gracia Rex Sco. R. St. Andrew as above , Salvum fac Pplum . W. 27 Gr. 2. The Flower-de-Lys's on the Sides of the Shield not crown'd , Jacobus Dei Gra. Rex Scotorum . R. St. Andrew on the Cross , with Flowers uncrown'd , Salvum fac Pplum Domine . W. 27 Gr. 3. St. Andrew carrying his Cross , Jacobus Dei Gratia Rex Sco. R. The Lyon in a Shield crown'd , Salvum fac Populum tuum Domine . W. 1 Dr. 20 Gr. 4. The Lyon within a Shield in Form of a Lozenge , with a small Crown over it , Jacobus Dei Gratia Rex Sc. R. A small St. Andrew's Cross betwixt two small Flower-de-Lys's , within a pretty hexagonal Star , each Point ending in a Flower-de-Lys , with a small Rose betwixt every two Points , Salvum fac Populum tuum Do. W. 1 Dr. 27 Gr. 5. A Piece of the same Size and Stamp with the last mentioned . W. 1 Dr. 18 Gr. 6. Another of the same Stamp , but somewhat smaller Size . W. 30 Gr. James the Third , in his (q) third Parliament , order'd the Demy and Lyon to be rais'd to 12 s. but , in the (r) next he held , which happend to be within a very few Months , they both return'd to their old Value of 10 s. In his (s) Eighth , the Demy is set at 13 s. 4 d. and the Scottis Crown ( which , I imagine , is only another Name for the Lyon ) at 13. In his (t) Thirteenth , a fine Penny of Gold is order'd to be stricken of the Weight and Fineness of the Rose-Noble , which is to pass at the Value of 30 new Groats , of ten in the Ounce of fine Silver . Another Penny of Gold , of the same Inscription , to go for 20 Groats ; and a third for 10. Of the two latter Kinds , I suppose , are these two : 1. An Unicorn holding a Shield with the Scotch Lyon , a small St. Andrew's Cross under the Unicorn's Feet , and Jacobus Dei Gra. Rex Scotorum . R. A Cross Flory , charg'd with a great blazing Star , Exurgat De. & dissipent . Nimici ej . W. 2 Dr. 2. A Piece of the same Stamp , but smaller Size . W. 33 Gr. James the Fourth , in his very (u) first Year , coin'd Money ( both of Gold and Silver ) of the same Weight and Fineness with that of his Father ; and some of 'em seem to have carry'd the very same Impression . The following four may probably belong to this King : 1. One exactly stamp'd as those two are which we have allotted to the foregoing Reign , varying only the first Legend thus : Jacobus 4. Dei Gra. Rex Scotorum . W. 2 Dr. 2. The King on Horse-back in Armour holding a Sword , circumscrib'd Jacobus Dei Gra. Rex Scotor . R. The Scotch Lyon in a Shield crown'd , with a great Cross reaching the outer Ring of the Piece , Salvum fac populum tuum Domine . W. 2 Dr. 18 Gr. 3. The same with the former , saving that the Legends are transpos'd . Jacobus , &c. being about the Shield . W. 1 Dr. 18 Gr. 4. A lesser Piece of the same Stamp with the last . W. 22 Gr. In the old (x) Ordinance of the King of Spain , there 's a Piece ( call'd the Croone van Schotlandt ) which seems to be of this King 's coining . It bears the Shield of Scotland crown'd , and Jacobus Dei Gra. Rex Scotorum IIII. R. St. Andrew on the Cross , and Salvum fac populum tuum Domine . It s Weight is set at 2 Dr. 16 Gr. Betwixt this King and his Son ( and Successor ) King James the Fifth , we ought to place a Noble Medal in Gold , struck by John Duke of Albany the great Governour of Scotland in the young King's Minority . It bears the Duke and Dutchess's Arms in a Shield crown'd with a Ducal Crown , a large Cross throughout the Field , and Joannis Albaniae Duc. Gubern . R. A Dove spreading her Wings on the Top of another Shield with the Duke 's own Coat of Arms , 1524. and circumscrib'd Sub Umbra Tuarum . Weight 7 Dr. There are also some Pieces of James the Fifth himself , which seem to be of the Medal-kind , rather than intended for an ordinary current Coin. Such I take the three following to be : 1. A massy one ( as broad as a new English Half-crown , and very thick ) bearing the Scotch Shield crown'd betwixt two small Crosses , with Jacobus 5. Dei Gra. Rex Scotorum . R. A Cross Floree , with , with four Thistle-heads , inscrib'd Crucis Arma sequamur . W. 1 Ounce . 2 Dr. 30 Gr. 2. A smaller of the same Stamp with the former . W. 1 Dr. 24 Gr. 3. The King in Bust , crown'd , Jacobus 5. Dei Gra. Rex Scotor . R. The Scotch Lyion in a Shield not crown'd , with a large Cross through it , inscrib'd Villa Edinbrugh . W. 7 Dr. 27 Gr. Indeed the common Golden Coins of this Reign ( well known by the Name of Bonnet-pieces , and said to have been coin'd out of Gold found in the Kingdom of Scotland ) are extreamly beautiful , and little inferiour to the finest Medals . Of these they have the four following : 1. The King in Bust , with a Scotch Bonnet on his Head , Jacobus 5. Dei G. R. Scotorum , 1539. R. The Scotch Shield crown'd , Honor Regis Judicium diligit . W. 3 Dr. 2. The same exactly , 1540. 3. Another , a Third less , 1540. W. 2 Dr. 4. Half of the last mention'd , 1540. W. 1 Dr. The same Year with the first of these , there was another Piece coin'd , of the same Weight and Size with the Bonnet , carrying the Scotch Shield crown'd and incircled with a Chain of Thistle-heads ; the Inscription , JACOBUS 5. DEI G. R. SCOTORV . 1539. R. A large St. Andrew's Cross , charg'd with a Crown betwixt J and R , in the upper Quarter a Thistle-head , and in the lower a Flower-de-Lys , inscrib'd , HONOR REGIS IVDICIVM DILIGIT . 'T is a curious Rarity ; and very lately communicated to me by Mr. Sutherland . Queen Mary's Life ( in all the several Stages of it ) was so full of wonderful Circumstances , that no Reign afforded more copious Matter for Medals than hers ; and yet I have seen none in Gold that respects her History . Mr. Sutherland indeed informs me , that he has seen one with the same Stamp of the first of her Coins , exactly of the Weight with the first mention'd Medals of her Father : Which I take to have been struck ( as his also probably was ) at the first opening of her Mint . Her ordinary Coins , in that Metal , are these : 1. The Scotch Shield crown'd , betwixt two Stars , with Maria Dei Gra. Regina Scotorum . R. A Cross Flory , with a Thistle-head in each Quarter , and Crucis Arma sequamur . W. 1 Dr. 24 Gr. 2. The Shield as above , Maria D. G. R. Scotorum , 1543. R. MR. with a Crown above , and a Star below , Ecce Ancilla Domini . W. 1 Dr. 16 Gr. 3. The Shield crown'd betwixt the Letters J. and G. Maria D. G. Scotorum Regina . R. A Cypher including all the Letters of Maria Regina , with a Crown above and a Star on each side , Diligite Justitiam , 1553. W. 2 Dr. 18 Gr. The Letters J and G. shew James Earl of Murray to have been Governour when the Piece was coin'd . 4. Half of the same . W. 1 Dr. 9 Gr. 5. The Queen's Effigies , with her Head in Dress , Maria D. G. Scotorum Regina . R. The Scotch Shield crown'd , Justus fide vivit , 1555. W. 4 Dr. 6 , 7. Two more , of the same Stamp and Weight , coin'd in the Years 1557 and 1558. 8. Half of the foremention'd , of the same Stamp , coin'd in 1555. W. 1 Dr. 32 Gr. 9 , 10. Two more , of the Weight , &c. last mention'd , coin'd in 1557 and 1558. 11. Francis and Mary , Face to Face , with a large Crown above their Heads , Fran. & Ma. D. G. R. R. Scotor . Delphin . Vien . R. Four Pair of Dolphins link'd together and crown'd , a Cross of Lorrain betwixt every two Pair , and a St. Andrew's Cross in the middle , Horum tuta fides , 1558. W. 4 Dr. The largest and most valuable of King James the Sixth's Golden Coins , is the Rose-Noble of Scotland , of the same Weight with that of England . On the one Side are the Arms of Scotland crown'd , in a Ship with two Flags , betwixt the Letter J and the Figure 6 , with a Rose on one Side of the Ship , Jacobus 6. Dei Gra. Rex Scotorum . R. Two Scepters or Batoons , put in the Form of a St. Andrew's Cross , each End of 'em crown'd ; in the Quarters of which are four Lions Rampant crown'd . All this is in a large Rose , between every Leaf whereof there 's a Thistle ; as there is also in the center of the Cross . The Legend , Florent Sceptra Piis . Regna his Jova dat numerari . W. 4 Dr. I call this the largest of that King 's Golden Coins ; beause I reckon the four following ( all of that Metal ) to be properly Medals . 1. The King in Bust , crown'd , holding a Sword in one Hand , and an Olive-branch in the other , beneath which In utrumque paratus , 1575. Circumscribed , Jacobus 6. Dei Gra. Rex Scotor . R. The Scotch Shield crown'd , Parcere subjectis & debellare superbos . W. 1 Ounce . 2. Another of the same Stamp , Size and Weight , struck in 1576. 3. The King's Effigies laureat , Jacobus 6. D. G. R. Scotorum . R. A branch'd Thistle with six Heads ( the uppermost crown'd ) betwixt the two Letters of J and R both crown'd , under the Thistle the Figure 6. Nemo me impune lacesset , 1590. W. 1 Ounce . 4. The King and Queen with a Crown above their Heads , Jacobus 6. & Anna D. G. Scotorum Rex & Regina . R. The whole Arms and Atchievement of the Kingdom of Scotland . In Defence . W. 2 Oun. 12 Dr. The other ( more ordinary and current ) Golden Coins of this Reign , are : 1. The King bare-headed , Jacobus 6. Dei Gra. Ren Scotorum . R. The Scotch Shield crown'd betwixt 15 and 80. Exurgat Deus , & dissip . Inimici ejus . W. 3 Dr. 2. J R with a Crown above , placed four times in the Field , cross-wise , with the Letter S in the Center , Deus Judicium tuum Regi da. 1 88 R. The Scottish Crest , being a Lion crown'd holding a Sword and Scepter , Post 5. & 100 ▪ Proa . Invicta manent has . W. 2 Dr. 18 Gr. 3. Half of this , coin'd in 1584. W. 1 Dr. 27 Gr. 4. Another of the like , coin'd in 1587. W. 1 Dr. 21 Gr. 5. A Quarter of the same , 1584 , W. 27 Gr. 6. The King in a strange Cap , behind a Thistle-head , Jacobus 6. D. G. R. Scotorum . R. A. Lion crown'd , holding up a Scepter to the Clouds , in which are the Hebrew Letters of Jehovah , Te solum Vereor , 1591. W. 2 Dr. 9 Gr. 7. Another of the same Size , Weight and Stamp , coin'd in 1593. 8. The King on Horse-back , in Armour , under his Horse 1593. Jacobus 6. D. G. R. Scotorum , R. The Scotch Shield crown'd , Spero Meliora . W. 2 Dr. 18 Gr. This is what ( in the Dutch Books of Ordinances for Money , and elsewhere ) is call'd the Scotch Rider ; and was long the most common Gold Coin of this Country , Pieces of the same Weight , Impression , &c. with this ( as likewise half of the same ) having been coin'd in 1594 , 95 , 96 , 97 , 98 , 99 , 1600 and 1601. To these the Statute of his Fifteenth (a) Parliament refers , which ordains , That fine Gold ( of 22 Carats fine ) pass at 30 l. the Ounce ; and that , out of every such Ounce , there be coin'd six Five-pound-pieces , or twelve Fifty-shilling-pieces . 9. The Scotch Shield crown'd , Jacobus 6. D. G. R. Scotorum . R. A Sword and Scepter plac'd cross-wise . In the upper Quarter , a Crown , a Thistle-head in each of the next , and 1601 in the lowest Salus Populi Suprema Lex . W. 2 Dr. 18 Gr. Tho' this Piece ( commonly call'd the Scotch Angel ) be of the same Weight and intrinsic Value with the Former , yet it was coin'd to go at 6 l. the Value of Silver being now risen from 50 s. to 60 s. by the Ounce ; which of Necessity , enhanc'd the Rate of Gold in the like Proportion . 10. The Half of these ( W. 1 Dr. 9 Gr. ) carrying the same Impression . This was the last Gold coin'd before the happy Union of the Crowns in King James VI. and we are not ( for the Present ) to bring our Enquiries any lower . I have seen an (b) Extract of the Register of the Mint , from December 1601 , to December 1602 , whereby it appears , That there was that Year coin'd at Edinburgh 119 Stone of Gold and 986 Stone of Silver . I have also read , That in the (c) Beginning of this King's Reign , a golden Basin ( of the Contents of four English Quarts ) was presented by the Regent Morton to the French King , fill'd with coin'd Pieces of Gold call'd Unicorns ; both the Money and the Vessel being made of the native Gold of Scotland . Such Pieces I never saw . To one that considers how few English Coins we have of about Half a Score of our Kings next after the Conquest , it . will not look strange that the Silver-money of our neighbouring Kingdom ( of the like Age ) is not now very plentiful The oldest that even Mr. Sutherland himself has been hitherto able to discover , is a Penny of Alexander the First 's ; which yet ( he is not very sure , but it ) may belong to one of the other two Princes of that Name . For the better and more skilful distinguishing the ancient Silver Coins of Scotland , these Preliminary Cautions ( which I have from a very (d) great Hand ) will be found to be of mighty Use . 1. The Merchants Weights in Scotland are different from ours , sixteen Pounds Troy ( as several Acts of Parliament have provided ) going to the Stone , and every such Pound being divided into sixteen Ounces : But their Silver-weights are the same , their Ounce-pieces exactly agreeing with ours . How their Standard ( or the Fineness of the Metal ) has vary'd from ours , or agreed with it , will be observed in the several Reigns below . 2. The Sums by which the Scots always computed , and do still compute , are the same with ours , they reckoning by Farthings , Half-pence , Pence , Shillings , Merks and Pounds , as we do ; and all those Sums bearing the same Proportion to one another , as ours do ; That is , a Shilling contains twelve Pennies , a Merk thirteen Shillings and four Pence , a Pound twenty Shilling , &c. But there has been a great Difference in the two Nations ( at several Seasons as to the value of those Sums . At first , perhaps , the Scotch Pieces being of the same Weight and Denomination with the English ) might also be current at the same Rate with ours : But from the Beginning of King James the First 's Reign ( which is as high as their printed Statutes will carry us ) it was otherwise ; and the Difference increas'd in the following Reigns , as will appear presently . 3. There 's no doubt but that , for a long Time , the coin'd Pieces of Silver in Scotland ( as well as England ) were only Pence and Half-pence : After which came in Groats and Half-groats ; and , by Degrees , larger Pieces of even an Ounce , two Thirds of an Ounce , &c. I have a small Pieee which I take to be a Half-penny of David the First 's : It weighs 14 Grains ; which seems to come very near the Standard of that Time : For thus ( if the Authority be good ) the Matter stands adjusted , (e) Sterlingus debet ponderare , 32 Gr. Uncia , 21 d. Libra , 26 s. 4 d. It bears a clumsy Half-face , Crown and Scepter , and David Dei Gratia· And the Reverse has Rex Scoturum about four hexagonal Stars . The Regiam Majestatem , if any thing , will acquaint us with the Value of such a Piece ; when (f) twenty five Shillings were the Price of six Cows , and (g) four Pence the Worth of a Pair of Shoes . In William the First 's Reign , Money seems to have been pretty plentiful ; since the Nobility of Scotland agreed to pay a (h) Hundred thousand Pound Sterling ( whereof half was to be in ready Cash ) to our Henry the Second , for the Redemption of that Prince . Nor had this so far exhausted the publick Treasure , but that he was able ( not long after ) to lend Two (i) thousand Merks to Richard the Third , on his Return ( in Poverty and Thraldom ) from the Holy Land. Notwithstanding his great Glut of Money , which he appears to have been Master of , there are not many of his Pence to be met with at this Day . In some of the best (k) Collections of our English Coins , there 's one ( which has been suppos'd to belong to either the Conqueror or his Son Rufus ) that bears a Side-face and a Scepter ; and whereon the King looks finer , and younger , than on any of the rest . This , with humble Submission , I should rather place amongst the Coins of Scotland ; and guess to belong to King William the First of that Kingdom . Two more I have (k) seen , which may possibly belong to this King : The one has Le Rey Willem , the other Willelmus Rex , and both have Walter for the Coiner's Name on the Reverse , after which ( on one ) comes On Ber. which whether it be for Berwick or Perth ( sometimes call'd Bertha ) will need an Enquiry . That there was Money coin'd in his Reign , is pretty plainly asserted by the Chronicle of Mailros : * Willielmus Rex Scotorum innovavit monetam suam . In Alexander the (m) Third's Time , a good Horse for the War was valu'd at twenty Shillings ; a whole Carcase of Mutton , the highest Rate sixteen Pence , and the lowest eight Pence ; a Flagon of Beer ( better and worse ) Two-pence and a Penny. A Couple of these Pennies , of the very same Impression , Size and Weight , I have in my small Collection ; bearing the King's Head , half-faced , with a Scepter , and Alexander Dei Gra. On the Reverse , Rex Scotorum about four hexagonal Mullets , or Stars . W. 21 Gr. Half of the same . King John's is likewise Half-faced , with a Crown and Scepter , and Johannis Dei Gra. R. Rex Scotorum , &c. as before : And the Weight the same . His Half-penny weighs 9 Gr. Half of the same . Money , of some sort or other , could not be very scarce in the Reign of Robert the Bruce ; who (n) agreed to pay our Edward the Third 30000 Merks in ready Money : And (o) Lesly assures us the Merks were Sterling . His Penny , (p) Half-penny and Farthing , are to be seen : Much of the some Shape with those of his Predecessors . Robertus Dei Gra. R. Rex Scotorum . In the Year 1366. ( the latter End of David the Second's Reign ) it was (q) Enacted in Parliament that the Money should be equal in Goodness to that of England ; and the next Year the Coinage was further regulated , a Pound of fine Silver making 29 s. 4 d. Et fiat , says the Statute , in ipsa Signum Notabile , per quod possit ab omni alia prius fabricata evidenter cognosci . I think he was the first King of Scotlond that coin'd Groats . They give him crown'd and side-fac'd , with a Scepter erect , and David Dei Gratia Rex Scotorum . R. Dns Protector MS. & Liberator MS. on an outer Circle ; and Villa Edinburgh , about four Mullets , in an inner . His half Groat has the same Inscription . W. 1½ Dr. His Penny weighs 14 Gr. and has only Villa Edinburgh on the Reverse . There 's (r) another which has Villa Aberden on the Reverse : And those of Edinburgh have been minted at several Times . There are Half and a Third of these ; and Pennies of both Kinds . Robert the Second's Groat is much of the same Shape , Weight and Size , with that of his Predecessor . It shews the King half-faced , with a Crown and Scepter erect , and Robertus Dei Gra· Rex Scotorum . R. Dnus . Protector MS. & Liberator MS. on the outer Circle ; and Villa de Perth , about four small Stars , on the inner . Another of 'em has Villa Edinburgh ; and a Third Dundee . And I have seen (s) Halfs of all these . The first open faced Groat is that of Robert the Third . It gives the King's Picture ( crown'd , but without a Scepter ) in such a kind of Rose as we have on most of our old English Groats . The Inscription is Robertus Dei Gra. Rex Scotorum . On the Reverse are three Globules in each Quarter of the Cross : In the inner Circle Villa Edinburgh , and on the outer , Dnus Protector MS. & Liberator MS. W. 1½ Dr. 7 Gr. Mr. Sutherland has three other Varieties with Villa de Perth , Villa de Aberd . .. and Villa Dumbertan ; and the Half of the first of these , and those of Villa Edinburgh , as likewise Pennies of both kinds , and Villa de Aberde — In the first Year of King James the First 's Reign 't was enacted that (t) our Lord the King gar mend his Money , and gar stryke it in like Wecht and Fineness to the Money of England . A little before this , the States of the Kingdom had agreed to (u) pay ( to our K. Henry the Sixth ) the Sum of 100000 Merks , for this King's Ransom ; whereof 50000 were to be paid in ready Money . These ( tho' of such a Standard as then pass'd for (x) Sterling ) might probably be found to carry too great an Allay , when they came to be tender'd in England ; and this might , as probably , give Occasion for the foremention'd Statute . His Groat is full-faced , with Crown and Scepter , and Jacobus Dei Gracia Rex Scot. R. In the Quarters of the Cross are two Flower-de-Lis's and twice three little Balls ( or Globuli ) countercharg'd within an anner Circle bearing Villa Edinburgh , and an outer with Dnus Protector MS , &c. There 's (y) another ( which I take to belong likewise to this King , and to be of somewhat more Age than the former ) whereon the Inscription is Jacobus Dei Gra. Rex-Scotorum ; and its Reverse , in all Points , agrees with that of Robert the Third . The Weight of the former is 1 Dr. 9 Gr. and , of this , 1 Dr. 4½ Gr. There are (z) others coin'd at Perth , Aberdeen , Linlithgow and Stirling ; with the Half of that of Edinburgh . The Parliament , in the 4th Year of K. James the Second , thought it expedient , (a) for diverse Causes , that there be stricken new Money , conforme even in Weicht to the Money of England , with the quilk this Realm hes parte of Commoning : And that there be stricken of the Ounce of burnt Silver , or Bulzeon of that Fines , aucht Groates ; and of the samin mater and weicht , as Effeiris , Half-groate , Pennie , Half-pennie and Farding . In his (b) Eighteenth Year this New Groat is order'd to go for Twelve Pennies ; and the Six-penny Groat ( which appears to have been of a scandalously base Allay , because the Mint-Masters are forbidden , on pain of Death , to coin any more of 'em ) is ordain'd till have Course as it hes . What Value that was , its very Name sufficiently shews ; and I take this to be the same Piece which ( in the (c) next Reign ) is call'd the Sex-Penny-Groat of the Floure de Luce. This raising of their New Groat ( which was of the very same Weight and Fineness with the English Groat ) brought the Computation of the Sums in Scotland to Tripple what they bore in England : So that their Pound was no more than our Noble , their Shilling than our Groat or Four Pence , &c. The said Groat gives this King full-faced , with an Imperial Crown , and Jacobus Dei Gra. Rex Scot. R. Dnus . Protector , &c. on an outer Circle , and Villa Edinburgh ( about two Crowns intercharg'd with twice three little Balls and a small Annulet ) on the inner . W. 2 Dr. Half of this . Another ( of the Groats ) has Villa (d) Aberdie , on its Reverse . The first Parliament of K. James the Third ordains that (e) , for the Ease and Sustentation of the Kingis Lieges and almous Deede to be done to puir Folk , there be cuinzied (f) Copper Money , four to the Penny , havand on th' ane Part the Croce of S. Andrew , and the Crown on th' other Part ; with Subscription of Edinburgh on the ane Part , and an R. with James on th' other Part. [ These are the same Pieces which were continu'd by his Successors , and ( in the Reign of Ja. VI. ) got the Name of Atcheson's from one Atcheson a Coiner and Author of the Book of Metals mention'd in the first Chapter of this Historical Library : Some of which were of common Currency ( for four Bothwels , or Eight Pennies Scotch ) even in the late Reign of K. Charles the Second , but are now wholly disus'd . ] In his (g) Third Parliament the Groat of the Crown is order'd to have Course for Fourteen Pennies ; and the strikeing of the Black Pennies to be ceas'd . These Black Pennies were a different Sort of Money from the Copper-Farthings above-mention'd ; and were for some Time forced in Payments , till ( at last ) the People unanimously refus'd to take them : Upon which the last Earl of Douglas reflecting , made this Answer to the King , when requested ( in his extreme old age to be his Lieutenant-General against the Rebels : (h) Sir , you have kept me and your black Coffer in Sterlin too long . Neither of us can do you any good . We find it also amongst the Articles objected to his Favourites , by the Earl of Angus and others , that they had perswaded him to (i) coin a Brass Coin of no Value , which the People call'd the Black Coin , which Fact of all other was most odious to the Vulgar : For ( as it follows in the History ) a great Dearth ensu'd upon the Project , since every Body chose to let their Corn rather rot than to give it away so much below the intrinsick Value . In the very next Parliament of this Reign , call'd within a (k) few Months of the former , the Groat of the Crown is reduced to 12 d. and the lesser Pieces to proportionable Values . In this King 's (l) Sixth Parliament the New allay'd Groat is order'd to go for Six Pennies , and the Half-Groat for three : And , in his (m) Eighth , Twelve Groats are appointed to be stricken out of an Ounce of burnt Silver , as also Pennies , ( to go at 3 d. ) and Half-pennies of the same Fineness . In his (n) Thirteenth a new Penny of Silver , as fine as the old English Groat , is order'd to be coin'd ; ten whereof are to make an Ounce , and to go at 14 d. each . At the same Time Counterfeit Placks , at 2 d. a Piece , were call'd in . His Groat represents him full-faced and crown'd ( without a Scepter ) with this Inscription , Jacobus Dei Gra. Rex Scotorum . R. Villa Edinburg . on the inner Circle , about the Crowns and Globuli , as on his Fathers , but without the Annulets ; and Dnus . Protector , &c. on the outer . W. 2 Dr. 8 G. The like are (o) coin'd at Aberdeen , Sterling and Roxburgh ; and a Half-Groats at Edinburgh . Some of his Groats and Half-Groats ( on the Reverse ) has a Mullet in each Quarter of the Cross ; and , in the inner Circle , Villa Berwici . In other Points it agrees with the whole Groat . This Piece , being stamp'd at Berwick , must assuredly belong to this King ; who was Master of that Town Twenty-one Years , and is the only Prince ( of his Name and Nation , before the Union ) that ever was so . It appears that , in King James the Fourth's Time , there were Groats of somewhat different Stamps ; as being minted by several Coiners : And the (p) Act of Parliament particularly mentions those ( whereof the last mention'd is half ) struck by Gilbert Pish , commonly call'd Barwick-Groats , others by Alexander Levingstoun , and a third Sort by John Currour . These , being all of equal Fineness , were made equally Current . One Groat I have , which I believe to be of this King 's own coining . It gives his Face open , and a Crown on his Head , with Jacobus Dei Gra. Rex Scotorum . R. Villa Edinburgh ( about two hexagonal Mullets , and twice three Balls , countercharg'd ) on the inner Circle , and Dn̄s Protector MS. &c. on the outer . W. 1 ½ Dw. In the abovemention'd Ordnance of the King of Spain I find two more , which are there call'd Schotsche Stooter ; and which one would imagine to be both of this King 's coining . The one of these differs very little from that already describ'd ; faving that , in the outer Circle on the Reverse , the Legend is Salvum fac Populum tuum Dōe . The like to which I have seen in Mr. Sutherland's Collection , having ( on the other Side ) four IIII , and a small Crown after the Word Scotorum : Another ( instead of the four IIII ) has Q. T. and a third QRA ; all signifying the Word Quartus . Half of the first of these , is likewise there . The only Medal ( as far as I yet have learn'd ) which was struck by this King , is that which is fairly describ'd and accounted for by the Learned (q) Mr. Evelyn ; who observes that it was coin'd in the last and fatal Year of his Reign . The other begins its first Inscription with Jacobus 4. but the Figure is undoubtedly misprinted for that of of 5 , the Piece being the very same which we shall presently present the Reader with , as the proper Groat of the next Reign . King James the Fifth , as far as appears by the Statutes of his Time , made no manner of Alteration in the Standard of the Coin : And yet towards the End of his Reign , or the Beginning of his Daughters , a mighty Change did happen , both in the naming of the Scottish Pieces of Money , and in the Computation of their Sums ; as we shall see anon . The eldest of his Coins ( Groat and Half-groat ) give him Side-faced with Jacobus Dei Gra. Rex Scotorum . R. Cross Floree , two Thistle-heads and two Spur-Rowels ( for they are hexagonal and pierc'd in the Center ) with Villa Edinburgh . His later Groat gives him in Bust , side-faced , with short lank Hair crown'd , Jacobus 5. Dei Gra. Rex Scotorum . R. The Scotch Shield on a Cross , circumscrib'd Oppidum Edinburgi . Others ( which seem the elder ) have Villa , &c. W. 1 Dr. 18 Gr. After his Death , we hear no more of any Groats , Half-Groats , Pennies or Half-pennies , coin'd in Scotland ; nor any of their Names so much as once mention'd in any of the subsequent Acts of Parliament . 'T is (r) suppos'd that , by this Time , the Price of Silver was so risen ( or rather the Scots , like the French , had so rais'd the Accounts of their Sums ) that the old smaller Silver Coins , which took their Denomination from Pennies , grew into disuse ; and the Pieces , that were from henceforward coin'd , took theirs from Shillings and Merks . Thus , in France , the Deniers perish'd and were forgotten ; and the Sols and Livres succeeded in their Room . We do not indeed meet with the Name of Testoons ( in the publick Statutes of the Realm ) before the Beginning of James the Sixth's Reign : But 't is more than probable that the Name was common enough in his Mother's Time ; that the Pieces so call'd , were coin'd in Imitation of our English Shillings ; and that their current Value was Five Shillings Scotch . Many of these , and other Coins of this Reign , are still to be seen in the Cabinets of the Curious : And I shall give the Reader an Account of such of 'em as have com'd to my Knowledge in the same Order wherein they were minted . 1. The eldest of these bears the (s) Queen side-faced and crown'd with Maria Dei Gra. R. Scotorum . R. The Shield of Scotland crown'd betwixt two Mullets , and Da pacem Domine , 1553. The Second bears the Letter M. crown'd and supported with two crown'd Thistles , inscrib'd Maria Dei G. Scotorum Regina , 1555. R. The Scotch Shield on a Cross , circumscrib'd Deliciae Domini Cor bumile . W. 5 Dr. 3 Gr. Half of the same . 2. Another of the same Year carries her Head with Maria Dei G. Scotor . Regina . R. A crown'd Shield , and Justus fide vivit , 1555. W. 3 Dr. 13 Gr. 3. The Scotch Shield , supported by the Letters M and R , Maria Dei G. Scotor . Regina , 1556. R. A large Cross , with Four less in its Quarters , Virtute tua libera me . W. 4 Dr. 4 Gr. 4. The Half of this , of the same Year , &c. 5. Differs nothing from the Third , excepting in its Weight and Date ; for 't is said to be coin'd in 1558 , and weighs only 3 Dr. 20 Gr. 6. F and M in a Cypher crown'd , supported with double Crosslets , Fecit utraque unum , 1558. R. The Arms of the Dauphine and Scotland , with Franciscus & Mar. D. G. R. R. Scotor . D. D. Vien . W. 4 Dr. 2 Gr. Immediately upon the Death of Queen Mary of England ( this Year ) King Henry the Second of France (t) caused his Daughter-in-Law to be declar'd Queen of England , Scotland and Ireland , in the Parliament of Paris ; and order'd the Arms of England to be put on all her Plate , Tapestry , &c. It should seem that this was her common Style ever after , till the Treaty of Leith cut her short ; For thus runs the first (u) Article there : Ut nec Franciae Rex , nec ipsius Conjunx Scotiae Regina , Angliae Hiberniaeve Titulos sibi deinceps usurparent ; Insignia Anglicana ex tota sua suppellectile delerent ; Diplomata , in quibus Titulus Angliae & Hiberniae Ipsis tribuebatur , supprimi . curarent . 'T is much that , in all this Time , none of their Money bore the Arms and Title of England , and yet I never saw nor read of any that did . 'T is true , Mr. Evelyn (x) mentions her assuming the Arms of England and Scotland in a Medal ; but that which he has given us , and which he seems to think concerns the Story of our renown'd Queen Elizabeth , has not a Stroke in it which looks this Way . The Queen indeed pleaded for (y) herself , afterwards , that she was constrain'd to this Usurpation by her Husband and Father-in-Law ; and that , after their Death , she never practis'd any such Matter : And so , I suppose , her suffering a Medal to be struck ( in the Year 1560 ) is to be accounted for . On this we have the Arms of France , Scotland and England , quarterly , circumscrib'd Maria D. G. Francorum Scotorum Reg. &c. On the Reverse , two Crowns on a Level , with a Third in the Clouds , inscrib'd Altamque Moratur 1566. 7. Another of the same Weight , Stamp , &c. with the last ; but coin'd in 1559. One of the Articles wherewith the Lords of the Congregation ( this very Year ) charg'd the Queen-Regent , was , (z) that she had embas'd the Coin to maintain her [ French ] Soldiers . The last mention'd is not referr'd to in this Charge , but some (a) baser Pieces , and smaller ; which carry the Cypher crown'd , &c. but the Reverse has this Inscription on a Square , Jam non sunt duo sed una caro , 1558 and 1559. 8. Arms of France and Scotland crown'd , on a Cross Crosslet , Fra. & Ma. D. G. R. R. Franc. Scotor . q. R. F and M in a Cypher crown'd , supported by a Flower-de-Lys and Thistle crown'd , Vicit Leo de Tribu Juda , 1560. W. 4 Dr. 2 Gr. and 1561. 9. Half of the same . 10. The Queen dress'd in her Hair , Maria Dei Gra. Scotorum Regina , 1561 and 1562. R. Arms of France half effaced by those of Scotland , the Shield crown'd and supported by two M M crown'd . Salvum fac populum tuum Domine . Half (b) of both these . 11. After her Return out of France , she coin'd the large Pieces of an Ounce Weight . On the first of these is the Shield of Scotland crown'd , and supported by two Thistles , Maria & Henric s. Dei Gra. R. & . R. Scotorum . R. A Palm-Tree crown'd , with this Motto ( on a Schedule hung in it ) Dat Gloria Vires , and subscrib'd 1565 , and circumscrib'd Exurgat Deus , Dissipent r. inimici ejus . The same in 1566. Some call the Tree on the Reverse an Yew-Tree ; and report that there grew a famous one of that Kind in the Park ( or Garden ) of the Earl of Lennox , which gave Occasion to the Impress : Wherein the Tree , being crown'd , denotes the Advancement of the Lennox-Family by Henry Lord Darnley's Marriage with the Queen ; and the Lemma of Dat gloria vires is observ'd to comport very well with the Device . This Piece went for Thirty Shillings ; there were at the same Time coin'd Pieces of two Thirds of an Ounce , which went at 20 s. with some smaller of 10 s. and 5 s. All of 'em had the same Impression . 12. After her second Husband's Death , she coin'd other new Pieces of an Ounce Weight , &c. which agreed with the other in the Impression and every other Matter , save that Henricus was now left out of the Style , and the Date 1567 , which we shall find to be same with the first coin'd Pieces of her Son. There are several Medals in Silver struck in Remembrance of some great Passages of this Queen's Life : One carries the Arms of France and Scotland crown'd with Maria D. G. Scotor . Regina Fran. Dot. R. A Hand out of the Clouds , pruneing off a dry'd Branch , and Virescit Vulnere Virtus . Another differs not from this , on the Reverse ; but has the Scotch Shield single . A Third bears as the first : But the Reverse shews a Jugg of Water poured from the Clouds upon half a Tree flourishing , the other half being dry'd and perish'd , with Mea sic mihi prosunt , subscrib'd 1579 , A Fourth ( of the same Year ) carries a Ship in a Storm on a rough Sea , with Sails rent and Masts broken , but keeping steady ; with Nunquam nisi Rectam . In other Parts not differing from the former . A (c) Fifth ( of about two Ounce-weight ) with the Queen's Picture to the Waste ; with a Breviary in her Hand , inscrib'd , O God grant Patience , in that I suffer vrang . The Reverse has this Inscription , Quho can compare with me in Grief . I die and dar nocht seile Relief . Circumscrib'd ( after one Hand , with a Heart in it , ready to joyn with another ) Hourt not the Heart . Quhois Joy thou art . In the very Beginning of King James the Sixth's Reign , a Complaint is made in Parliament , (d) Of the great Scarcity of good Money in Scotland , the good Silver , as Testons and other old Silver , being utterly melted and destroy'd , so that the Ounce of Silver is at double the Price it wont to be at ; whereupon it is declar'd , that the King , with the Advice of his Regent , may coin Gold and Silver of such Fineness as other Countries do , &c. Accordingly , among his Coins , we have , 1. The Thirty-Shilling-Piece of an Ounce Weight , whereon is the Shield of Scotland crown'd , and supported by the Letters J and R crown'd , with Jacobus 6. Dei Gratia Rex Scotorum . R. A drawn Sword with a Crown on its Point , a Hand pointing to Three XXX for the Number of Shillings , and the Date of 1567 set below , and circumscrib'd with ( that generous Saying of the brave Trajan , upon the Delivery of the Praetor's Sword ) Pro me . Si mereor , in me . This is , on all Hands , agreed to be the Conceit of his Tutor , G. Buchanan . The like Pieces ( with those of 20 s. 10 s. and 5 s. differing only in a proportionable Weight and Size , and their proper Figures of XX , X and V ) were coin'd in the Years 1568 , 69 , 70 and 71. 2. A Scotch Shield crown'd , with the Figures 3 and 4 on the Sides , Jacobus 6. Dei Gratia Rex Scotorum . R. Four capital IIII crown'd , with two Crowns and two Thistles countercharg'd in the Quarters , Salvum fac populum tuum Dne . 1572. W. 2 Dr. 2 Gr. This is only half of one with the same Inscription in Mr. Sutherland's Collection ; only , his has the Figures 6 and 8 , which shews it to have been coin'd for a Noble , whereas the other is only a Ten-Groat-Piece , or 3 s. 4 d. continu'd yearly to 1577. 3. Shield crown'd , and Jacobus 6. D. G. R. Scotorum , 1591 , 1592. R. A naked Sword and Balance , His differt Rege Tyrannus . W. 2 Dw. 14 Gr. Half of the same . 4. The Royal Shield of Scotland crown'd , with the usual Inscription of Jacobus 6. Dei Gra. 1578 to 1581. On the Reverse the Thistle , (e) with Nemo me impune lacesset . W. 6 Dw. 19 Gr. The Mark-pieces of this Coin , ( which were coin'd Twenty Years after this , and were long current in England at the Rate of Thirteen-pence-half-penny ) want a Third of this Weight ; which 't was necessary they should do , when the Ounce of Silver went at 60 s. Scotch , whereas now it was only valu'd at 40 s. For , this very Year , Thomas Acheson and others are impower'd to coin Ten-shilling-pieces , Four in the Ounce of Eleven-penny fine Silver . [ From this Mint-master the Copper-pieces , of Eight-pennies or Four Both-wel's Value , pretty common in this and the former Reign , had the Name of Achesons given them . These , in the Year 1587 , were (f) cry'd down by Proclamation , because Counterfeit in England and other foreign Parts : But their Currency was afterwards reviv'd , and continu'd ( on the English Borders , as well as in Scotland ) even within my own Memory . The Scots ( says (g) Fynes Moryson ) have of long Time had small Brass Coins , which they say of late [ his Book was printed in 1617 ] are taken away : Namely Babees , esteem'd by them of old for Six-pence , whereof two make an English Penny ; also Placks , which they esteem'd for Four-pence , but three of them make an English Penny ; also Hard-Heads , esteem'd by them at one Penny half-penny , whereof Eight made an English Penny. ] 5. And the same Act directs , that these new Pieces be such as are (h) havand on th' ane Side the Portrature of his Majesty's Body , armed , with ane Crown upon his Head , and ane Sword in his Hand , with this Cirucmscription , JACOBVS . VI. DEI. GRATIA . REX . SCOTORVM . and on the uther Side , his Hieness Arms in ane Scheild , with an Crown above the same Scheild , with the Dait of the Zeir , upon ane of the Sides , with this Circumscription , HONOR . REGIS . IVDICIVM . DILIGIT . There are 30 s. 20 s. and 5 s. Pieces ( as well as those here mention'd of 10 s. ) which were made in Pursuance of this Act , and answer its Directions as to their proportionable Weight and Circumscription : But furthermore , on their Reverse , they have the Letters J and R on the Sides of the Shield , and a little under XL s. XXX s. XX s. &c. according to the respective Value of the Piece . 6. In the Thirty first Year of this Reign , there was another (i) Act pass'd about Coinage , wherein ( after a Complaint of the vile Practices of all Sorts of People , in exorbitantly-raising the Value of Gold and Silver ) it is order'd that the Ounce of Silver coin'd in Ten-shilling-pieces , &c. according to the last recited , shall stand at 50 s. and the old 30 s. Pieces ( that is , the Ounce-pieces of Queen Mary and King James ) at the same Price ; and the new Thirty-shillings-pieces ( being three Quarters of an Ounce ) at 37 s. 6 d. This teaches us to discover the true Value of a Piece of this King's Coin , of the exact Weight of one of our English Shillings , bearing the King's Head without a Crown , and Jacobus 6. D. Gra. &c. R. A Thistle crown'd , with Nemo me impune lacesset , 1594. There is no (k) Doubt but this Piece was coin'd to go for Ten Shillings ; the Weight of it exactly answering that Value at the Rate of 50 s. in the Ounce . Nor is it any Objection that this Piece was coin'd three Years before the passing of the said Act : For Silver was rais'd to this Value before the Act , as appears by its Preface ; and 't was its Design to hinder the farther raising of it , by fixing it at the Price it then stood at . I have the Half , a Quarter , and an Eighth , of this Coin. 7. Notwithstanding the Provision of this Act , the Price of the Ounce of Silver was ( within Four Years ) advanc'd to Sixty Shillings : For the Merk-pieces , which were coin'd in 1601 ( to 1604 ) are proportion'd to that Rate . They have , on one Side , the Shield of Scotland crown'd with Jacobus 6. D. Gra. Scotorum : And , on the Reverse , the Thistle crown'd with Regem Jova Protegit . W. 4 Dw. 9 Gr. There was also Half-merks and Quarter-merks of the same Coin ; the former passing at 6 s. 8 d. and the other at 3 s. 4 d. Nay , there was also the Eighth of a Merk-piece , which is the least Piece of coin'd Silver which ( I think ) was ever minted in the Kingdom of Scotland : It weighs about Three-half pence of our English Money , and goes for 20 d. Scotch , which is one Sixth short of our Two-pence . And these Merks , with their Subdivisions , were the last Silver-money coin'd by King James the Sixth , before he left Edinburgh , and remov'd to London . FINIS . Notes, typically marginal, from the original text Notes for div A52339-e10 (a) J. Major , Hist . lib. 5. cap. 5. (b) H. Boeth . lib. 2. fol. 10. a. (c) Hist . Scot. lib. ● . p. 8● . (d) H. Boeth . lib. 3. fol. 46. a. Picts . (e) H. Boeth . Lib. 10. fol. 194. a. K. Donald . (f) Id. Lib. 5. fol. 86. b. Lesl . lib. 2. p. 109. and Buchanan ( Lib. 6. p. m. 175. ) says Sterling-Money was first coin'd by Donald the Fifth about the middle of the Ninth Century . Malcolm II (g) LL. Malc . 2. capp . 3.7 , 8. (h) Vid. L L. ASS. Edit . Wheloc . p. 95. Notes for div A52339-e680 (i) H. Boeth . lib. 3. fol. 35. a. (k) Id. lib. 12. fol. 260. a. Vid. & Reg. Majest . lib. 4. cap. 31. (l) Reg. Majest . lib. 4. cap. 40. v. 7. (m) Penes D. Rob. Sibbald . K. Rob. II. Rob. III (n) Traite Historique des Monnoyes de France . 4to . Amsterd 1692. 54. James I. (o) Parl. 8. Ja. 2. cap. 33. Oct. 25. 1451. James II. (p) Parl. 13. cap. 29. Oct. 19 : 1455. James III. (q) Oct. 12. 1467. cap. 18. (r) Parl. 4 : cap. 23. (s) Nov. 20. 1475. cap. 67. (t) Feb. 24. 1483. cap. 93. James IV. (u) A. D. 1488. Parl. 1. Jac. 4. cap. a. Vide & Ejusd . Parl. 4. cap : 40. (x) 8vo Antverp . 1575. J. Duke of Albany . James V. Q. Mary James VI. (a) Dec. 19 , 1597. cap. 249. (b) MS. in Bibl. ICC. Edinb . (c) In Atchison's MS. Tr. of Metals . Silver . (d) RR. D , D. Archiep. Ebor. David I. (e) Assis . R. Dav. 1. cap. 1. (f) Reg. Majest , Lib. 4. cap. 40. v. 17 , (g) LL. Burg. cap. 121. William I. (h) H. Boeth . lib. 13. Fol. 272. b. (i) Ibid. Fol. 277. a. (k) Penes RR. D. D. Archiep. Ebor. & D. R. Ihoresbi . (k) p. D. Ja. Sutherland . * Chron. Melross . ad An. 1195. (m) Stat. Gild. capp . 18.24 , 26. Alex. III ▪ K. John. Rob. I. (n) H. Boeth . lib. 14. fol. 308. b. (o) Hist . Scot. lib. 7. p. 237. (p) P. D. J. Sutherland . David II (q) Vid. Stat. Dav. 2. capp . 38. & 46. (r) p. D. Sutherland . Rob. II. (s) p. Eundem . Rob. III. (t) Parl. 1 Jac. 1. cap. 23. Mar. 26. 1424. James I. (u) H. Boeth . lib. 17. Fol. 346. (x) Vid. Lesl . Hist . Scot. lib. 7. cap. 261. (y) p : RR : D : D : Archiep : Ebor. (z) p : M : J : Sutherland . James II. (a) Parl : 8 : Ja : 2 : cap : 33 : Oct : 25 : 1451. (b) Parl : 13 : Ja : 2 : cap : 29 : Oct : 19 : 1455. (c) Parl : 1 : Ja : 3 : cap : 23. (d) p. D. J. Sutherland . (e) Oct. 9. 1466. cap. 9. James III. (f) Mr. Sutherland has Samples of these and some ( of the like Kinds ) in the following Reigns . (g) Parl. 3. Ja. 3. Oct. 12. 1467. cap. 18. (h) D. Hume Hist . of Dugl . p. 206. (i) Ibid. Par. 2. 226. Vid. etiam Lesl . Hist . Scot. lib. 8. p. 309. & J. Ferrer . Append. ad H. Boeth . Fol. 395. a & G. Buchan . lib. 12. p. m. 444. (k) Parl. 4. Ja. 3. in Jan. 1467. cap. 23. (l) May , 6. 1471. cap. 46. (m) Nov. 20. 1475. cap. 64. (n) Feb. 24. 1483. cap. 93. (o) p. M. J. Sutherland . James IV. (p) Parl. 1. Ja. 4. A. D. 1488. cap. 2. (q) Numism . p. 88. James V. Q. Mary . (r) Ita. RR. D. D. Archiep. Ebor. (s) p. D. Sutherland . (t) Lesl . Hist . Sot. lib. 10. p. 503. (u) Lesl . Hist . Scot. p. 528. (x) Numism . 93. (y) Archb. Spotsey . Hist . of Ch. of Scotl. lib. 4. p. 177. (z) B. Burnet , Hist . of Reform . Vol. 2. p. 412. (a) p. ● . Sutherland . (b) Ibid. (c) Cum 4. praemissir , p. D. Sutherland . James VI ▪ (d) Parl. 1. Ja. 6. cap. 13. (e) Some of these have the Letter J and R on the Sides of the Thistle ; but the most want ' em . (f) So the MS. Calderwood in the Library at Glasgow , Vol. 4. ad An. 87. (g) Itio . Par. 1. p. 283. (h) Parl. 7. Ja. 6. Oct. 24. 1581. cap. 106. (i) Parl. 15. Ja. 6. Dec. 19 , 1597. cap. 249. (k) Ita RR. D. D. Archiep. Ebor. 
A50442	----	The antiquity of the royal line of Scotland farther cleared and defended, against the exceptions lately offer'd by Dr. Stillingfleet, in his vindication of the Bishop of St. Asaph by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 1686 Approx. 262 KB of XML-encoded text transcribed from 122 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50442 Wing M150 ESTC R11636 13118938 ocm 13118938 97803 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50442) Transcribed from: (Early English Books Online ; image set 97803) Images scanned from microfilm: (Early English books, 1641-1700 ; 427:2) The antiquity of the royal line of Scotland farther cleared and defended, against the exceptions lately offer'd by Dr. Stillingfleet, in his vindication of the Bishop of St. Asaph by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. [12], 212, [8] p. : folded geneal. table Printed for Joseph Hindmarsh ..., London : 1686. "Licensed, Nov. 2, 1685. Ro. L'Estrange" Advertisements: p. [6]-[8] at end. Reproduction of original in Library of Congress. Marginal notes. Imperfect: geneal. table lacking on film. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Stillingfleet, Edward, 1635-1699. -- Origines britannicæ. O'Flaherty, Roderic, 1629-1718. -- Ogygia. Scotland -- History -- To 1603. Scotland -- Kings and rulers. 2004-03 TCP Assigned for keying and markup 2004-04 Apex CoVantage Keyed and coded from ProQuest page images 2004-06 Judith Siefring Sampled and proofread 2004-06 Judith Siefring Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE ANTIQUITY OF THE Royal Line OF SCOTLAND Farther Cleared and Defended , Against the Exceptions lately offer'd by Dr. STILLINGFLEET , In his Vindication of the Bishop of St. ASAPH . By Sir George Mackenzie , His Majesty's Advocate for the Kingdom of SCOTLAND . LICENSED , Nov. 2. 1685. Ro. L'Estrange . LONDON , Printed for Ioseph Hindmarsh , at the Golden-Ball against the Royal Exchange . 1686. TO THE KING . SIR , IT is not my practice to plead any thing for your Majesty with zeal , untill I find it a matter of some importance ; and my self likewise convinced that I cannot answer my own Arguments : By this rule , when I first saw the Bishop of St. Asaph's Book , I took some pains to persuade my self , that it contain'd nothing prejudicial to that right of precedency , which is due to your Royal Race , as the most Ancient Monarchy which we know . But finding that there was no way to secure this precedency to the Royal Family , against those consequences which necessarily arose from his Positions ; I thought it my duty , at that time , to answer his Lordship's Book , as I do now Dr. Stillingfleet's : especially , since they , in overturning the ancient settlement of the Royal Line in Scotland , destroy one of the great Foundations , whereby your Majesty's Grandfather , your Father , and your Last Parliament , have farther engag'd , and encourag'd the Loyalty of this your . Ancient Kingdom : Wherefore , Sir , these Reverend Divines will now , I hope , hold me excus'd , in regard that I pleaded first for them , with my self , before I pleaded against them , for your Majesty : And if I could have found any man to have satisfied me , as to the inconveniences arising to the Crown in these Points , I had never printed that Book in defence of the Royal Family , and of my Native Country . But , now humbly to satisfy your Majesty as to the dangerousness of these Positions ( even supposing the Authours innocent of any ill design , as I am apt to think they are ) and to convince them , how impartial I am upon any National Account ; I beg leave to mind your Sacred Majesty , that some of our Own Historians having erred with as little ill design as they , touching the Succession of King Robert the Second ; An Argument was drawn from it , in favour of Bastards , and was much boasted of by the Enemies of the true Royal Line , and thereupon , I did , to the satisfaction of all indifferent men , refute our own Historians in that Point , as , I hope , I do now these Gentlemen in the Points controverted . Scarce any thing , Sir , can be thought inconsiderable , wherein a Crown is concern'd ; or any consequence so remote , but should be adverted to , in a Season when a long Rebellion has so far debaucht the Inclinations of too many of your Majesty's Subjects : But certainly , nothing can be thought inconsiderable , which Kings and Parliaments have judg'd so usefull for establishing the precedence of the Sovereign , and for confirming the Affection and Loyalty of the Subject . And the Doctor 's way of telling us , ( in place of all other defence ) that the Irish carry up the Royal Line within six degrees of Japhet , and so we shorten it , is not serious enough in a Subject we ought to treat of with veneration ; since the Doctor , in the same Book , does but make himself merry with Offlahertie , the Assertor of this pretended Antiquity . Sir , the agreement of Men of different Professions , almost at the same time , against the Royal Line , is very remarkable ; some endeavouring by their Swords to cut it short at that end which lay next to them ; Whilst others , by their Pens , have undertaken what derogates from its glory , by lopping off its remoter end ; which I 'm sure lay far out of their way : And I wish , that as your Majesty has most successfully defeated the one , by your Victorious Arms ; so I may be so happy , in your prudent Reign , as to contribute somewhat to disappoint the other , by what I have said in vindication of its Antiquity . Sir , The dutifull inclination I have to serve your Majesty , is , I confess , much heightned , by the Royal Obligations you have been pleased to lay upon our Nation ; not onely in your gratious protection of it , but in the glory you have added to that Royal Family , under which we have been so long happy . Your Majesty owes your success ( next to that mercifull and miraculous providence which still attends your Sacred Person and Family to your own wise Conduct , and to the great Iustice of your Cause ; and not to your Councils or Servants , though it is your Majesty's goodness to be as kind to them as if you did . And therefore , Sir , I am so far from valuing my self , upon any success I may , or can pretend to have , in pleading for your Majesty , either in Print , or at the Bar ; that I shall still ascribe whatever advantages I may gain that way , to the Iustice of your Majesty's Cause , without arrogating any part of it to my own Skill or Eloquence . And now your Majesty having by your own Royal Influence , and the Prudence of your proper Conduct , overturn'd in so short a time all the Designs of a Rebellion , so deeply rooted ; And by your gentleness and clemency overcome the obstinacy of your most inveterate Enemies , which is by far the more wonderfull Victory , thereby contracting into one year the glories of a long Reign : I can never have the vanity to imagine , your Majesty should yet any way need the mean assistence of , Sir , Your Majesty's most Dutifull Loyal and Obedient Subject and Servant , George Mackenzie . THE CONTENTS . CHAP. I. THE King's Advocat in duty bound to defend the Antiquity of the Royal Line . This debate , as it was unnecessarily started , so it 's unwarrantably continued . The Authour's Answers to Buchanan's Jus Regni clear'd , and defended . CHAP. II. That the Scots were placed here before the Tear 503. CHAP. III. What the Bishop of St. Asaph and Dr. Stillingfleet say against our Histories , from Fergus the First , examined . CHAP. IV. Our Authours vindicated in the accounts they give of the Genealogy of our Kings . CHAP. V. The Irish Genealogy of our Kings compared with the Accounts given by the Chronicle of Melross , and both compared with the Genealogies contained in our Histories ; with a full proof , that our Historians are to be preferred to the Irish Annals as to this point : Ogygia examin'd . The Antiquity of the Royal Line of Scotland farther cleared and defended , against the Exceptions lately offered by Dr. Stillingfleet , in his Vindication of the Bishop of St. Asaph . CHAP. I. KING Iames , having in his Basilicon Doron , p. 201. founded his Royal Prerogative upon King Fergus's having made himself King and Lord , as well of the whole Lands , as of the Inhabitants of Scotland ; and King Charles the First , having in a Letter to his Parliament , An. 1641. founded that kindness , which he expected from the Scots , upon this ; that they and their Predecessours were Sworn to maintain that Race of their Kings which he now represented , after 108 Descents : I leave it to all indifferent men , if I , as King's Advocate , was not in duty oblig'd to answer a Book written by the Reverend and Learned Bishop of St. Asaph , to prove that King Fergus , and 44 posteriour Kings were merely fabulous and idle inventions , since that assertion did not onely give the lye flatly to two of our most just and learned Kings , but overturned the foundations on which they had built the duty and kindness of their Subjects : And since precedency is one of the chief glories of the Crown , and that for this , not onely Kings , but Subjects fight and debate ; how could I suffer this right and privilege of our Crown to be stoln from it by this Assertion ; which did expresly subtract about 830 years from their antiquity ; and , in consequence , lessen'd it by other 500 ? for we can produce no evidences for these also , which may not be quarrel'd , if our Adversaries be allow'd to reject what is here controverted ; consequentially to which , Ubbo Emmius , magnified by the Doctor , has brought down their Antiquity to Kenneth the Third : and since nothing can be answered to these grounds , which I may conclude , because Dr. Stillingfleet has answered nothing to them , nor to the many reasons whereby I prov'd that Episcopacy was no otherways concerned in this debate , than in as far as it was made a pretext for the more secure opposing our Monarchy : I admire how Dr. Stillingfleet could adventure to continue the debate , especially after a whole Parliament of zealous Episcopal members , ( and wherein there did sit 14 Bishops ) had unanimously , after many of them had read , and all had heard of the Bishop's Book , thought of new again , this Antiquity a solid and necessary Basis for their Loyalty . All that the Doctor answers , is , That our Kings are still ancient by the Irish Race , and so were Kings in another place : But he should have consider'd , that the Conquest of an ancient Kingdom brings not to the Conquerour the antiquity of those he conquers ; and our Kings succeed onely to the Irish by the Scotish Kings now controverted ; and if he rejects ours for want of sufficient proofs , he must by a stronger consequence reject the proofs ▪ that can be produced for them , and he does so indeed with much scorn and gayety ; nor can he prove our Kings to be descended from Fergus the Second , if he allow not my proofs for Fergus the First ; nay , which is more , I have proved the descent of Fergus the Second , from the Irish , in their way , to be impossible , and all the Authours for this opinion to have contradicted one another : so that these two Loyal Divines toil much to prove their King to be , not onely not the most ancient , but one of the last Kings in Christendom ; and are angry at me , though the King's Advocate , for daring to say , that this was a king of lese Majesty : by which I meant onely then , a lessening and wronging of the Majesty of our common Kings , though I qualified this Rhetorical expression , by adding , that I was sure the learned Bishop of St. Asaph had written this with a design rather to gratifie his Order , and Countrey , than Industriously to injure our Kings or us ; and thus , in that matter , I have been gentler than my employment could well allow , or my present treatment does require . The Doctor being resolv'd to found every thing upon his own authority , knowing of little other help , tells us , That such as are to write in matters of Antiquity , should be extraordinarily vers'd in the best Authours , and should have a deep judgment , able to compare them together ; and this being the Preface of his own Origines Britannicae , may be , I am afraid , so constru'd , as if he would have us take his own word for his being a most learned and judicious Antiquary and Critick , for else he would not have undertaken this sublime and hard task ; as also he tells us by the same art , that it was not every Advocate us'd to plead eloquently at the Bar , and who took citations at second-hand , who could manage so weighty matters ; making it thus great Insolency in me to grapple with him in our own History , which , a Scotchman , and in the Latin Authours , which a Civilian should understand best of all others ; for this debate requires little other learning beside these , and the reading of some few passages in others , which I have read in the Authours themselves with as great attention as the Doctor , without taking any of my Citations at second-hand , or using them without considering first their full import , and remotest consequences , as several learned men here can prove , and will better and more convincingly appear from this debate it self ; in which , beside the main positions , I hope to prove that either the Doctor has not understood so well , or at least has not used them so ingenuously as I have done . To reflect somewhat on me , and much on our Historians , without contributing any thing else to the present debate , save what may arise from the weakning our credibility , the Doctor asserts that I should have in my answer to Buchanan's Ius Regni , deny'd that any respect was due to arguments brought from our Histories , to prove his Republican Principles , and I should have decry'd our Histories as fabulous , and invented merely to sustain those Principles . To which my Answer is , that I should be glad to find Dr. Stillingfleet as firm a friend to the power and interest of Kings , as I have been , though I think he gives no great evidence of it , in urging unnecessarily all Buchanan's popular arguments , with the same exactness that those do who wish them to prevail ; but none can-lessen the esteem of the Book here in question , without reflecting upon the famous University of Oxford , whose testimony I have subjoyn'd to this , and which I think the next to that of a good Conscience . But to the point : I must remember our Readers , that Buchanan having urged against the absolute power of our Kings , that they were limited by a contract betwixt King Fergus and the People ; my Answers were , that first this Contract was deny'd , and a History may be true , though some points be foisted in upon design , else few Histories are true ; and this is Dr. Heylin's Doctrine as well as mine . ( 2. ) That Fordon , whom they call our first Historian , now extant , did expresly say , that Fergus constituit se regem ; and this is clear also by the Book of Pasley , and I have clear'd that it could not be otherways ; and if Boethius , has onely copied Fordon , and Buchanan , Boethius ( as our adversaries contend ) they must be all regulated by Fordon's Loyalty . ( 3. ) That if Boethius be urg'd against us ; we must consider all he says , and if so , we will find that he derives the Monarchy from Gathelus , and he was King without contract , before Fergus , whose reign I assert not there , though I use it justly against such as object that Tradition as Argumentum ad hominem . ( 4. ) These limitations being found inconsistent with the safety of King and People ( as indeed all limitations are ) they were repeal'd by express Laws in the Reign of King Kenneth the Third , and by many and clear posteriour Statutes , founded upon sad ▪ experience : And if such Limitations could be introduc'd , they could be abrogated , by express consent , and so our Kings are now freed from them . ( 5. ) I clear that these expressions crept into our Histories by the humour which most Churchmen were in at that time , of having Kings depend on the Church , and so not absolute ; in which our Historians are less guilty than those of other Nations , whom in friendship I will not now name . And as to the instance brought from our Histories , to prove that the People depos'd Kings ; That concluded onely that the People were Rebels , but not that our Kings were Limited ; but to have deny'd our Histories , in as far as they prov'd this , it concerned me to have denyed them till Kenneth the Third's time , which had been very ridiculous , according to the Bishop of St. Asaph's own opinion , and had justly defamed my Book amongst my own Countreymen . And how should we acknowledge this to be a peculiar guilt in our Historians , except we deny the truth of all English Histories since William the Conquerour's time : Because they mention Limitations extorted from their Kings ; murthers committed upon many of them ; and the right of Election to be stated in the people , as I have prov'd in a Letter to Dr. Stillingfleet , unfit to be exposed to publick view for the same Reasons , that I think the Doctor should have supprest that undutifull dis-respectfull part of his debate , against our Historians who deserve much less to be taxt than his own Friends , for their ill founded conceptions of the rights of Monarchs in those days ; and to reform which , I have been somewhat more instrumental than the Doctor . But such injurious and national Excursions as this , seem to prove to Conviction , more partiality than consideration in the Doctor , though otherways an honest and learned man in cold bloud . But to shew that he is not a dis-interessed Critick , I must observe , that he ingenuously confesses that he ow'd so much service to so worthy and excellent a Friend as the Bishop of St. Asaph ; for though he adds , that if my Arguments would hold good , they would also overthrow several things in his late Book , yet this is but a mere Pretext , for nothing in my Book relates any way to any part of that Subject which he treats upon , except in the second and fifth Chapters wherein he takes also my Book expressly to task in the same Points . And therefore I conclude that if he , though a Church-man , thought himself concerned in honour to own his Friend , albeit an Aggressour ; I as a King's Advocate may be more justly allow'd to own our Kings when attacked unjustly , and unnecessarily , by their own Subjects , and Beneficiaries ; And though it may be instanced , that the antiquity of the Royal-line has been controverted in other Nations , yet it cannot be instanced that this has been done by Subjects , after their Kings and Parliaments have seriously founded the Loyalty of the Nation upon that antiquity , and the Kings have asserted that antiquity under their own hands , upon so solemn occasions , which is our case , and where the antiquity it self is not absolutely fabulous ; but on the contrary , is in it self so reasonable , and is warranted by the Testimonies of contemporary Historians , and allowed by the most judicious Criticks . CHAP. II. That the Scots were placed here before the Year 503. NOW without either vanity or levity , or any distracting digressions , I must put the Reader in mind that in my Book I did onely undertake to prove against the Bishop of St. Asaph , That the Scots did settle in Britain before the Year 503. And after I had prov'd this sufficiently , by the clear and positive Testimonies which I adduced , and had made it appear by some of the same Testimonies , that we settled here before Iulius Caesar's time ; and particularly that Reuda , one of our Kings , was expressly acknowledged by Beda , one of the Authours I cite ; I proceeded to prove that our Historians are to be believed as to King Fergus , there being onely a hundred and thirty years betwixt these two Kings . As to which , our Historians being many , and men of Reputation , they ought to be believed , they having narrated nothing that is improbable , and having declared that they were sufficiently warranted so to write , by the Records delivered to them by Authority out of our ancient Monasteries then extant ; and that Oral Tradition , universally received of a whole Nation , is a great Fortification of so short a step as a hundred and thirty years . And in the last part of my Book , I clear against Archbishop Usher , and the Bishop of St. Asaph , That this Countrey was called Scotland , and We Scots , before the Year 1000 , a position they were driven to maintain in defence of their former Paradox . Dr. Stillingfleet , without taking notice of these Points which I treated separately in the method now mentioned , would more cunningly than ingenuously , make his Reader believe that I have undertaken by every Citation and Reason to prove the truth of all the parts of our History from Fergus downward : and therefore when I adduce a Citation for proving that we were settled here before the Year 503 ; or that this Countrey was called Scotland before the Year 1000 : He asks , Where is there mention in these Citations , of Fergus ? And takes no care to consider my Citations , with relation to the particular Points for which they are produced , as in my * Citation of Scaliger , concerning the Scotobrigantes , and in my † Citation of Claudian , &c. To return then to my first Method , for the Readers fuller conviction , I must put him in mind that I did prove the first of these positions , viz. That we were setled in Scotland before the Year 503. ( 1. ) By the Authority of the British Historians within the Isle , ( 2. ) By the Roman Historians , who could not but know us well , because that Nation fought long with us , ( 3. ) By Ecclesiastick Writers and Historians , who prove that the Scots were acknowledged to have been a Christian Nation here before that time , and therefore behov'd to have been setled here , ( 4. ) I fortifie these Citations by most clear Reasons , ( 5. ) Because the import of some of these Authorities is controverted , I appeal to the best Historians and Criticks , as the most competent Judges betwixt the reverend Prelate and my self ; and these I hope will be found to have asserted the truth of this my Position , and the justness of my Citations . The first Citations I used were from Gildas and Beda , the most ancient and esteemed of all the English Writers : And I did begin with Beda , because he transcribes and explains Gildas ; and I shall repeat the Argument as I stated it in my first Book . The venerable Beda , though a Saxon himself , and so an Enemy to us , having written an exact Chronology according to the periods of time , does in his first chap. de priscis Incolis , tell us , that God was praised in five Languages in this Isle ; that of the English , Britons , Scots , Picts and Latines ; and then proceeds to tell that the Britons were the first Possessours , and possest the South parts ; After which , came the Picts to the Northern parts , and the Scots under Reuda thereafter made a third Nation in that part belonging to the Picts , getting the Western part of Scotland , North from the Picts called Dumbriton or Alcluith , and he inculcates their fixing here by three several , but concurring Expressions . 1. Progressi ex Hiberniâ , they left Ireland . 2. Sedes vindicârunt in Britanniâ , they setled in Britain . 3. In Britanniâ , Britonibus & Pictis gentem tertiam addiderunt ; they added a third Nation to the Britons and Picts , and that this was very ancient , is clear ; for he fixes them in Britain in that Chapter , wherein he treats de priscis Incolis : and having thus setled the Scots and Picts , in his first Chapter with the Britons , he proceeds in the second Chapter , to setle the fourth Nation , viz , the Latines or Romans , beginning with these words : But this Britain was unknown , and not entred upon by the Romans , till Julius Caesar's time . And having described the Wars betwixt these three Nations and the Roman Emperours , in a due Gradation marking every period of time , through the Reign of their consecutive Emperours : and how at last the Romans had abandoned the Island , and Aetius the Roman Consul had refused the Petition of the miserable Britons , so often defeated by the Scots and Picts : He in the fourteenth Chapter relates , how the Britons upon deep Consultation brought in the Saxons , and from thence continues the Saxon History . The second Argument I brought from Beda , was from the 5th . cap. l. 1. Eccl. Hist. where he says , that Severus built a Wall to defend against the other unconquer'd Nations , and in the 12. cap. he tells that Britain was vexed by the Scots and Picts ; two Over-Sea or Transmarine Nations : And thereafter , as if he had been afraid , that this word Transmarine might have been mistaken , he adds , That they were not called Transmarine , because they lived and were setled out of Britain , but because they were separated from that part of Britain by the two Seas which did almost meet . And in this he agrees exactly with Tacitus , who in the life of Agricola says , that there being a Wall built betwixt these two Seas , the Roman Enemies were closed up as in an Isle . To these Arguments the learned Doctor answers first that Beda , in the beginning of his History , doth set down the five Nations that inhabited Britain , and so if the Scots and Picts be ancient , the Romans and Saxons must be ancient Inhabitants too in his Sense : for they are likewise reckoned before the War with the Romans , his business being to give an account of the present Inhabitants , and not merely of the ancient . To which I reply , that this is a mere imposing upon the Reader : for Beda , when he names the five Nations , speaks of them in relation to the present Languages wherein God was praised within the Isle , but when he speaks of the old Inhabitants , he speaks onely of the Britons , Picts and Scots ; and the reason why he sets not down the particular time wherein these fixed in the Isles , as he does when he speaks of the Romans and Saxons , is because he knew the one but the other was so ancient , that the exact time of their first settlement was not known ; for certainly a Chronologue would not have omitted that if he had known it . For speaking of the Romans settlement , he condescends upon the particular Year : But when he speaks of the settlement of the Scots and Picts , he onely saith [ Ut fertur ] as they say , a word which he could not have used here , had it not been in matters of the remotest antiquity . And if so , certainly they must be much more ancient than the 503. And the inquisitive Beda was not able to reach so far back in the Year 700. wanting the helps of the old Manuscripts in our Monasteries , which onely could tell him the exact time , and so he was forced to rest in the general remark of our being fixed here time out of mind even before his own age which was so near to the 503. that his own Father might have told him precisely when we setled , if we had not setled here till then . The Doctor 's second answer is , that Beda does not at all intimate that the Scots were in Britain before the Romans and Saxons . To which it is replyed , that Beda is a Chronologue , and is carefull of the Notation of time where he knows it : And therefore it seems still to me and has done so to such as understand well Chronology , as sure a demonstration as that Science can allow , that the Scots being named as one of the three ancient Nations inhabiting this Isle , and their actions against the Britons and Romans , being narrated before the Saxons are said to have entred , that therefore their settlement must be the elder , though it be not said in express terms , and if any account of Kings , or memorable actions , were set down by a Chronologue , without adding the years , these things behov'd to be considered ancient , according to the order wherein they are exprest ; especially in this case , since the * defeat of the Britons by the Scots and Picts is made the cause of bringing in the Saxons ; and the cause must necessarily precede the effect . In fortification of all which , we must mind , that this will agree better with the following Citations , which clear , that the Scots settled here before the year 404 ; at which time the Saxons entred , and that they were here before the Romans , is likewise clear : for after they are marked to be setled in this Isle , * Britain is said to be unknown to the Romans . And as the Romans are acknowledged to have been here before the Saxons , and so to be set down by Beda before them ; Why should not the Scots be likewise acknowledged to have been setled here before the Romans , since their settlement is first mentioned ? The Doctor 's third Answer is , * That though Severus's Wall was acknowledged to be built against the unconquer'd Nations beyond it ; yet it is not said , that the Scots and Picts were these unconquer'd Nations , else the controversie had been ended : But on the contrary , Dion , by whom we may understand Beda's meaning , tells us , that these Nations were the Maeatae and Caledonii : To which it is reply'd , that Beda , in his first Chapter , mentions onely the Scots and Picts , as setled here with the Britons : in the second he brings in the Romans , and gives an account of their progress under Iulius Caesar : in the third under Claudius : in the fourth under Marcus Antoninus : in the fifth , under Severus , he mentions the building of the Wall to secure the Roman Conquest against the unconquer'd Nations . After which , in the 12th , he recapitulates the War betwixt the Britons and Romans , against these unconquer'd Nations , whom afterwards he still calls Scots and Picts . And again , he mentions the Scots and Picts , as the onely invaders of this Wall , built against those Nations whom he called unconquer'd , without speaking of the Maeatae or Caledonii : So that from Beda it is clear , that these unconquer'd Nations were the Scots and Picts ; and therefore , by Dr. Stillingfleet's own confession , the controversie is at an end . And these Moeatoe and Caledonii were in effect the Scots and Picts , considered as Highlanders and Lowlanders : for Bochart Canaan , l. 1. 42. tells us , that Camdenus rectè deducit Galedonios à Britannico Caled , quod durum sonat ; duri enim & asperi erant incolae , & terra etiam tota horridis & confragosis montibus attollitur . Caledoniis opponuntur Moeatoe , Camd. de Britannia Septentrionali , p. 3. Incoloe ol●m in Myatas & Caledonios distincti erant , id est , in campestres & montanos . Idem , p. 501. Decheumeath , i. e. planities ad austrum . And he derives Caled and Meath , from Hebrew and Arabick of the same signification . And this farther appears by comparing Dion Cassius cited by the Doctor , with Claudian ; for Dion onely says , Britannorum duo sunt proesertim genera , Caledonii & Maeatoe : nam coeterorum nomina ad hos ferè referuntur . Incolunt Moeatae juxta eum murum , qui Insulam in duas partes dividit ; Caledonii post illos sunt . And Claudian tells us who were these against whom the Wall was built . Venit & extremis legio proetenta Britannis , Quae Scoto dat fraena truci , ferróque notatas . Perlegit exanimes Picto moriente figuras . From which I observe , that the Moeatoe were in effect the Picts , who dwelt in the Low Countrey nearest the Wall , and that the Caledonii were the Scots who then lived in the Hills . So that Dion is so far from proving that the Wall was not built against the Scots and Picts , that he agreeth with the other Authours cited here and elsewhere , who all concur to prove , that the Wall was built against the Scots and Picts . And the Doctor might as well conclude , that our actions done here this day , are not done by the Scots , because our Histories speak oft-times of the Highlanders and Lowlanders , which are the Maeatoe and Caledonii . And I do conclude , that either the Doctor is not a man to parallel Authours with Authours , or else he is not of that candour I did formerly take Dr. Stilling fleet to be . The Doctor 's Fourth Answer is , That when Beda makes the Scots a transmarine Nation , as dwelling beyond the Friths , and not out of Britain ; this is onely said in his own defence ; because in his first Chapter he had setled them in Britain : and no more respect should be had to this , than if a Scotish Writer in Beda's time had spoken of the Transmarine Saxons , using the words of an Authour who lived before their coming into Britain , and then should explain himself that he does not mean the German Saxons , but these who lived in Britain beyond the two Friths : Would this prove that the Saxons lived here before Iulius Coesar's time ? all this I confess is a piece of odd reasoning : for certainly we must either deny all Authority and reason , or confess that Beda , who was so ancient an Authour , and liv'd so near to Gildas's time , and to our Countrey , behoved to know whether the Scots liv'd in Ireland or not : And it is not to be thought , that Beda would have written so distinctly and positively such a great and palpable Lye , merely to maintain his own Assertion : and therefore his acknowledgment , that we were setled here beyond the Friths , and not in Ireland , proves sufficiently quod erat probandum ; and it seems to me a descension below the gravity of so great a Doctor , to sport himself over and over upon the empty criticism of my calling this a demonstration ; neither is it any wonder , that the Doctor is angry at me when I cite Beda : for both the Bishop of * St. Asaph and † he , treat Beda so , because what he writes makes for us . To Gildas's Authority it is answered by the ‖ Doctor , that by these Seas must not be understood the Friths of Forth and Clyde , but the Sea betwixt Ireland and Scotland ; because that Gildas speaks still of them as carrying away their prey beyond Seas ; and the passage over the Frith behoved to be as large as that over the Seas , being 40 miles in some places ; whereas the passage betwixt Scotland and Ireland , is , in some places , but 13 miles . To this it is Reply'd , that the Friths are called Mare Scoticum , both by our Laws and the English Writers : And to these I now add their own * Luddus . His words are , Bernicia verò à Tissa ad mare Scoticum , quod nunc Frith vocant . To which the Doctor neither has , nor can make any answer . And so the word Trans Mare is not impropriated when it is applyed to our mare Scoticum : and though in some places the Frith of Clyde be so broad at the very entry to the Ocean , where it is rather Sea than River , yet many parts betwixt Scotland and Ireland are much broader than the broadest part of the Friths . And the Scots in their Corroughs did not pass at the broadest part , but near the Wall at Dunbritton , where they were nearest the Picts , and it is not a Mile broad there , and is little broader for a long tract of the River under it ; and the broadest part of it is exceedingly more calm and passable than the Irish Sea ; the one being but a River and within Land , and the other being a strait of the wide and open Northern Ocean , where the Sea , by how much it is straitned , becomes the more turbulent . And therefore when Claudian expresses our Invasions and Flights , he does it by Oars . Fregit Hyperboreas remis audacibus undas . But that of the Saxons by Sails . — Venturum Saxona Ventis . Which presupposes Sails . Nor were the Corroughs mention'd by Coesar ( l. 1. de bello Civili ) cited by the Doctor , made for Seas , but Rivers , as is clear by the words , Nec pontes perfici possent ; and these Militésque his navibus flumen transportat . Edit . Variorum 1670. & 492. It does not therefore appear probable , or reasonable , that a whole Fleet should be made by poor Pilferers of such stuff fit to carry an Army , with its prey , over so turbulent a Sea , and in the Winter time , they having fought and pillaged all the Summer , and the prey being then ordinarily either Cows or Horses , there being little else to be plundered ; and if they had passed at Cantyre , which is that narrow place , they behov'd to have travell'd likewise over a whole tract of ground , and two other Seas , before they had come to the Frith of Clyde , and the Britons Countrey . And Beda explaining Gildas's own words , tells us , that they ceas'd not to drive preys from the Britons ; And agere praedam , to drive a prey , is what can onely be done by Land , and so could not have been done in Corroughs . Nor is that driving by Corroughs ever called a Piracy , as it would have , if it had been from one Island to another . But the carrying of Beasts over a River is consistent enough with the driving a prey , though that this , in the Doctor 's sense , infers an impropriety in the words , as well as a contradiction to common sense . Whereas it is in the last place , urg'd , that a Wall against the Scots and Picts had been ridiculous , if the Scots could have come against the Britons by Sea. It is replyed , that the Doctor ( not knowing the Geography of the place so well as we , who have seen it ) does not consider that this Argument proves rather against himself ; for if the Scots had dwelt in Ireland , which is almost to the South from Dunbritton , It had been ridiculous to have built a Wall against them from East to West : for against these incursions from Ireland by Sea in Corroughs , it should have been built along the mouth and coast of Clyde , from South to North , and the Doctor will allow me at least to call this a Demonstration ; it being a thing that may be seen . But the true reason why the Wall was built , is very obvious , viz. because the incursions were made by the Scots and Picts , who were not formidable except when united , and they had no passage for an Army when united , but over the Wall : whereas any injury they could doe in their Corroughs over the Frith was very inconsiderable , and could have been easily stopt ; and so the Wall was still usefull against Conquest , thoughnot against Piracy . And to conclude ; all this is most consistent with Beda's Sense of Transmarine , but not with the Doctor 's : And therefore we should rather believe the venerable Beda speaking of things very near his own time , when they are very probable , than a Paradox , broacht lately , far distant from these times , and defended now by our too partial Adversaries : especially since Beda shall be prov'd to agree thus , not onely better with common Sense , but with all the Authorities of the Roman Authours and Criticks . And I must still mind my Readers , that received Histories are not to be overturned without infallible Proofs brought against them . But who can be a more favourable Judge for the Doctor , than the Saxon and so his own Countrey-man , Albertus Crantzius ? Or who can better understand the Time of the Saxons descent , and the History of Beda , than he who is himself the famous Saxon Historian ? He * then tells us , that in the Year 449 the Saxons were first invited here , but he says , Let us write from a higher Rise . And so he proceeds to tell how the Picts setled here , and he adds , that within a very little after them , the Scots , resolving not to stay in Ireland , sailed sometime into Scotland ; and being for a little time resisted by the Picts , * both Nations setled in that part , which is of very old called Scotland . After which , he proceeds to † settle the Romans , and to relate our Wars with them , and he gives an account that the Wall built by Severus , was against the Scots and Picts , without mentioning , either the Maeatae or the Caledonii . From which it is clear , that Crantzius not onely makes our settlement much elder , than that of the Saxons , and that we were here before them by way of settlement ; and not by way of Incursion ; but also expressly acknowledges , that our settlement was very near as old as the Picts , who are beyond all dispute own'd to have been here long before Iulius Caesar's time . And ( which is very remarkable ) he cites none of our Historians for confirming his opinion , and cites onely Beda , whom he interprets , and understands as we do , and as indeed all th World does , except our prejudiced Adversaries . It is also objected by the Doctor , that Gildas * tells us , that the Scots and Picts two Transmarine Nations , did first invade the Britons , under Maximus , which was long after Caesar's time . To which it is answered , that Gildas there designs not to speak of the first Invasion of the Scots and Picts , upon the Britons , but onely of the first of the three Vastations made by them : for the Scots and Picts did often invade the Britons formerly , as is clear by Eumenius and others , yet they were never able to waste their Lands , untill that Maximus disarm'd the Britons altogether , as Gildas relates . And after this , Gildas sets down the other two Vastations , and names them all , under the express numbers of First , Second and Third Vastations . ( 1. ) It is most clear by this passage , that the Scots who made this Vastation , liv'd not in Ireland but in Scotland , beyond the Wall and Friths ; for Gildas calls both the Scots and Picts , Transmarine , without distinction . And certainly the Picts lived not in Ireland at that time , and therefore neither did the Scots : And consequently , Beda did most justly interpret the word Transmarine to be ; not because they liv'd without Britain , but beyond the Friths , and Beda intimates that that was the common acceptation of the Word Transmarine , which is imported in the Phrase , Transmarinas autem non dicimus , &c. Because it's 〈◊〉 by the Bishop and the Doctor , that Gildas can onely mean in all these passages , the Irish residing in Ireland ; since he says * the Irish returned Home ; and where could the Home of the Irish be , but in Ireland ? I think fit to refer the Reader to the Seventh Section of my former Book ; where I have fully prov'd , that by the Irish , in these Citations , is meant the Irish inhabiting Scotland , and which I shall again more fully vindicate in the fourth Chapter of this Book , from the objections urged in this New Answer . I urged also in my Book , many Authorities to prove , that it was the general opinion , even of the English Historians , that we were setled here , even before Iulius Caesar's time , to which the Doctor returns no Answer . And this having proved my position by Authorities within the Isle , I 'll now pass to the foreign Authours . Against the Citation urged from Eumenius in his Panegyrick to Constantius , the Doctor does very little else but repeat what the Bishop had said , and I had 〈…〉 ly refuted ; and seeing he can make none but such inconsiderable additions , I wonder to find that Argument renewed , unless the Doctor thinks that his Authority is greater than the Bishop of St. Asaph's , for I have already observed , that the Comparison is strong enough in Buchanan's Sense , which is all that is requisite . And I wonder to hear him say , that it was not a greater advantage , and more for Constantius's honour , that he did beat the Britons after they had been long trained up to fight , even by the Romans , than when they were altogether rude , and had never seen any enemies but Picts and Irish in Iulius Caesar's time : For as common reason teacheth us , that they could not but considerably improve , in near four hundred years time of frequent Wars ; So the Bishop of St. Asaph tells us , * that , to the end they might more easily resist the Scots and Picts , the Romans taught them the Art of War , and furnisht them with Arms ; which is sufficient to sustain the strength of the Oratour's comparison , when he asserts , that Constantius's Victory over the Britons was greater than that of Caesar's : And albeit the next Paragraph mentioneth other advantages , yet it does not follow , that these advantages were not very considerable , and these advantages are no part of the former Comparison , but make a new Paragraph , and are a new heightning of Constantius's Victory , from other grounds , ( 2. ) I could never see how it could be truly said by the Oratour , that the Britons were used to fight against the Irish and Picts , if by the Irish be not meant there , the Scots : for as I have prov'd that we were called Irish in those Ages , so I desire to know where the Britons were used to fight against any Other Irish save those , who inhabited Britain ? Nor do the Irish pretend that ever there were any Wars between the Britons and them , save onely in Egbert's time , which was many years after Caesar ; and even this is but a Conjecture of a late Authour , Usher and Flahartie do adduce no more ancient Authour for it . And so that cannot verifie the Oratour's saying , that they were accustomed to fight against the Irish in Caesar's time . It is also very considerable , that the Picts here are joyned , as used to fight joyntly against the Britons , for it can never be instanced that the Picts joyned with any against the Britons , save with us . And it is indeed incredible , that the Scots should be accustomed to fight from Caesar's time to Constantius's , and to the Year 503 , ( which must at least include about six hundred years , allowing onely one hundred years to verifie that word ) and yet never settle where they fought , venturing their lives for the defence of other Mens Lands for a prey , which could be of very little use to be plundered in those days , there being little to be taken save Cattel , which could have been hardly transported in Corroughs over such boisterous Seas , ( 3. ) The Doctor tells us , that Britannicum , and not Britannum is the Adjective , or at least that this Authour useth onely Britannicum for the Adjective ; and so soli Britanni were not good Grammar , if constructed in the Genitive . But to this I reply , that the Doctor adverts not that I have prov'd by Citations , which he Answers not , that Britannum is an Adjective and so soli Britanni , good Grammar in the Genitive , and there is nothing more ordinary for Oratours than to vary their Phrase , using sometime one way of expressing , and sometime another , variety in such Cases giving both delight and Ornament : Nor can I see why , if this had been ill Grammar , Cambden would not have carped at it , as he did not ; or how Scaliger would not have taken notice of it , he having decided for us , after Buchanan had put this Construction on this expression : for though Scaliger doth not expressly take notice of the Construction , yet after he had fully considered the debate betwixt Buchanan and Luddus ( wherein this was one chief Argument ) he decides for Buchanan , which upon the matter is a clear approbation of Buchanan's Construction . This is all I contended for , by citing Scaliger ; onely the Citation of him on Tibullus is wrong printed , for that of his on Eusebius . And that this is a clear Consequence drawn from Scaliger in his Notes on Eusebius , is undeniable . And if so , then certainly the opinion of Scaliger and Buchanan , with Cambden's acquiescence , is much to be preferred to our prejudiced Enemies , whose Learning does not lye so much that way . The Argument from the pointing adduced by the Doctor , in Puteanus's Edition of Eumenius is not onely contrary to that of Stephanus and Plantin , which I have cited ; but even from that way of pointing , there is no advantage to the Doctor . For to sustain the words soli Britanni to be Nominative , there should have been a Comma after soli Britanni : For as they now run , Et soli Britanni Pictis modo , & Hibernis assueta hostibus , they cannot be Constructed otherwise than thus , Natio rudis & assueta hostibus , Pictis & Hibernis , soli Britanni : And if soli Britanni likewise had been Nominative , the Oratour to make good Grammar , should rather have said Natio rudis , & soli Britanni assueti , ( and not assueta ) Pictis & Hibernis . But abstracting from both the pointing and the Grammar , it is undeniable from this place , that this ancient Roman Oratour did in the days of Constantius before the Year 503. consider our Colony as accustomed to fight against the Britons , and as a distinct people joyned in this War with the Picts , which cannot be applyed to any other Nation but to us . And therefore Cambden and Usher , more reasonably fly to another subterfuge , viz. that Eumenius spoke according to the conception of that Age , wherein he lived ; and it is undeniable , that that Age considered onely us , and the Picts , as fighting against the Britons , and as two Nations fixt here . But this Answer is also very ridiculous ; for if our Antiquity had not been very considerable in Eumenius's days , the Oratour would not have exposed himself so far , as to found the Comparison upon a palpable lye , where he might have been traced ; and so I confess if such kind of Answers as these be allowed , no Nation can prove its Antiquity . But agreeably to all these objections , this Citation proves at least , that the * Bishop of St. Asaph's position , that the Scots were not at all in Britain , neither by Incursion , nor by any other way , till the Year 300. is inconsistent with this Roman Authour , as well as our Story , and the general belief of Rome at that time . The next Authour whom I did cite , was Latinus Pacatius , who , in his Panegyrick to Theodosius upon his Victory in Britain , complements him for having reduc'd the Scots to their own Marishes ; which shews , that the Scots had their own Marishes in Britain before the year 503. To which the Doctor answereth nothing . And from the same Authours calling ( in another place ) the same Marishes , the Marishes of the Caledonians , I infer , that these Marishes were in Britain , and not in Ireland ; and that the Scots were called Caledonians . And thereafter I adduce Valerius Flaccus and Martial , to prove our Antiquity . To all which , the Doctor answers nothing , but that the Caledonians were Britons , without answering my citations , which I have adduc'd to prove this . And as to the Criticks whom I cite for us , * he says very wisely and profoundly , that we are not to follow Modern Writers in their Improprieties . This Answer , so injurious to all the learned world , he also returns to my proving from Lipsius , Bergier and others , that Galgacus was a Scot. And when from Tacitus himself I prove , that he must necessarily have been a Scot , for the Irish Kings never came to fight in Britain . He could not be a Briton , because he was speaking to those who had never been under the Roman slavery . And Tacitus tells that he was a King of a Nation unknown , and but newly discovered , whereas the Romans formerly knew the Britons . Neither was he ever pretended to be a Pict , nor is he in the Genealogy of their Kings . To all this the Doctor answers nothing . All then that is answer'd to my testimony from Tacitus , is , That those who fought under Galgacus , were Britons , and not Scots , as appears by Galgacus's Speech to them , wherein he says , that they are the noblest of the Britons , and fight to recover the Liberty of the Britons : And if Tacitus had known that they came out of Ireland , he had told it ; nor could that Irish King who was with Agricola , have omitted to inform him of this . To which I Reply ; That Agricola wrote not this relation himself , but it is written by Tacitus , who had it from Agricola , and so cannot be exact , being but the relation of a relation ; and probably Agricola knew more of it from that Irish King. But there is enough in Tacitus to prove , that we were setled in Britain at that time , and were of Spanish extraction from Ireland , which was all that Irish King could inform . For it is clear , ( 1. ) That those who fought under Galgacus were Caledonians , and past not under the general name of Britons ; for Galgacus exhorts them , to shew by their valour , * what brave Men Caledonia had separated from the rest ; and though they were Britons , yet that proves not that they were not Caledonian Britons , ( 2. ) Galgacus tells , that they were yet † unconquer'd and untoucht , which is not applicable to the old Britons , for they were conquer'd before that time ; but is so far peculiar to the Picts and us , that we are still called Indomitae gentes . ( 3. ) Tacitus describes two different People in Britain , one big and white , which shewed them of a German extraction ; another black in hair and face , said to be of a Spanish extraction . And can any thing agree better with our Histories , and the description of the Picts , who are said to have come from Germany , and of us who are said to be a Colony of Spaniards , that rested for some time in Ireland ? And Tacitus's saying , that it could hardly be known then , whether these Nations were * Originally Britons , or Strangers , shews , that we were there very anciently ; which is also clear'd by Beda , and confirms what he and Eumenius say . And immediately after Tacitus , we are known under the names of Scots and Picts ; and the ablest Criticks , who have compared Histories , call Galgacus expresly , King of the Scots ; whose Interpretation , because that is their trade , and they are disinterested , must be prefer'd to the Doctor 's ; and I add now to Lipsius , Bergier and others , whom the Doctor acknowledges to prove that Galgacus was a Scot , Keppingius , who , though he doubts of some of our Antiquities , places amongst these things , which are certain , that in Agricola's time , Galgacus , King of Scotland , fought bravely to retain his Liberty : and Farnabius , a learned and judicious English Critick , in his Commentary upon Martial , lib. Spectaculorum , Epigram . 7. l. 3. who on these words , Nuda Caledonio sic pectora praebuit urso . Saith , The Ursus Caledonius is è Scotia . And on these words , lib. 10. Epigram . 44. Quinte Caledonios Ovidi visure Britannos . He interpreteth Caledonios Britannos to be Scotos , conform to his exposition of the foresaid words . [ Nuda Caledonio , &c. ] Schrevelius also , in his Edition of Martial , cum not is variorum , is altogether of Farnaby's mind , and useth his very words in his Commentary upon the two fore-cited places . I will finish this period with Gretius , who , speaking of our Barclay , calls him Gente Caledonius , &c. And with Scaliger the Father , who , in his Exercitations against Cardan , declares the Ursi Caledonii to be Ursi Scotici : Which Authours , and many others , have prevail'd with Church-hill , in his Divi Britannici , to differ from our Doctor , in confessing that the Caledonii were the Scots . By the same Magisterialness , with which he contemn'd Lipsius , and the other Criticks , in the former citation , he does also condemn the authority of Scaliger , and Salmasius , in my urging the Citations of Scotobrigantes , in Seneca , and of the Scoticae primae , in Spartian . But however I must beg leave , notwithstanding this , to consider , those two ancient Authours , Seneca and Spartian , to be sufficient proofs of our Antiquity , till the Doctor 's friends can prove to me that he is a greater Critick , and as impartial in this case as Scaliger and Salmasius are . But however , the Doctor answers not the reasons I adduced , for proving these their Criticisms to be most just : and these are abstract from all authority , and I recommend the reading of them to any impartial Judge . Claudian may be justly called by us , the Scotish Poet , as Beda is the Scotish Antiquary : for Claudian's whole Poem is , in effect , a continued confirmation of our History . For he having written a Panegyrick to Honorius , and in it magnifying Theodosius his Grandfather , he describes all along his fighting with the Scots , which Sigonius calculates to be in the year 367. as Isackson on this year observes . And I refer my Reader to my former Book , as to these passages cited by me , none of which passages can be applied to the Scots in Ireland , with whom Theodosius never fought , but onely to the Scots in Britain , with whom it is certain he did fight , many Monuments whereof are extant in that part of our Countrey called Ierna . But the Doctor says , though this were granted , yet it would fall much short of Alexander , or Iulius Caesar's time : And what then ? for I never intended that this should prove either , but onely that we were elder than the 503. But ( says he ) there appears no Demonstration . More wonderfull still ! for I called it no Demonstration , though I think it weighs as much as any thing in the Doctor 's Book . And I take notice onely of this Raillery , and Sophistical way of answering , to detect the two great Engines which the Reverend Doctor useth all along in his Book . That which he answers here speciously is , that by Ierna , is meant Ireland by the Poet , and does he not mention the Scots moving all Ierne ? — Totam cum Scotus Iernen Movit , & infesto spumavit remige Tethys . And is it not Poetical ( says the Doctor ) to say he mov'd all a little part of Scotland ? To which my Replies are , that first Scotland was called Ireland in these days , as I have prov'd in the seventh Section of my former Book , and shall prove more fully in the fourth Chapter of this . Onely at present I shall add , the * English Polychronicon , which expresly tells us so , Prior to Fordon . ( 2. ) Did Theodosius conquer Ireland , or persue them over to Ireland ? and does any Authour call Ireland , [ glacialis Ierne ? ] So then when a name is proper to two places , which of the two is meant , should be determined by the action which is said to be done in the place . And how agrees this with Beda's telling , that we were setled here long before that time , and were not Transmarine ? Or with Latinus Pacatius , who says , that Claudius , before that time , triumph'd over Britain , and reduc'd the Scots ad suas paludes ? And where have the Irish any Monuments and Histories of these Victories , as we have ? ( 3. ) Does not Iuvenal expresly make us , Iuverna , which is the same thing with Ierna ? — Arma quidem ultra Littora Juvernae promovimus . Which cannot be applied to Ireland , because the Romans never went thither , much less went they beyond it ; and the adding — Et modo captas Orcadas , & minimâ contentos nocte Britannos . does not all agree with Ireland : for it is neither joyn'd to , nor is it near the Orcades , nor has it so short nights as we have . But ( 4. ) The name of Ierna was not confin'd to the little Conntrey of Stratherne , but was extended to all the Northern Highlands , as far as Innerness , and so the Raillery of [ moving all a certain little part ] is insipid : nor is there any thing more ordinary than to give the denomination of a part of a Countrey to the whole ; and thus , when it is said , the King beat the Hollanders ; By this , is meant , the whole Netherlands , though Holland be onely a part : and this figure is so frequent in all the Latin Poets , that it were a mark of ones ignorance either to deny it , or insist on it . Thus Petronius Arbiter expresses the defeat given by Caesar to Aphranius in Spain , per funer a gentis Iberae , though Iberia be but a little part of Spain , so called from the River Iberus , because the Battel was fought there ; which holds in every circumstance with our case , wherein the Poet describes the trouble of all Scotland , by Ierna , because the Battel was fought there , though Ierna be onely a part of Scotland , called from a River of that name . And all Scotland , by the same Poet , and to this day , is called Caledonia , though Caledonia be but a small part of it about Dunkeld . And though I should grant that by Ierne here was meant Ireland , yet that cannot make against our being setled here before that time ; For it is very reasonable to think , that the Irish , hearing that the Romans had penetrated so far into Scotland , as to have defeated so many of these as came originally from Ireland , they would have sent over men to assist us ; especially knowing that it might be their lot , next : even as if the French should beat and ruine the Scots now setled in Ireland , our whole Countrey would certainly be in a commotion , and we would send over men to their assistence , as we did in the late Wars . I confirm'd this citation of Claudian , by that of Sidonius Apollinaris , which is likewise an original proof of our Antiquity . To which the Doctor answers , that Sidonius distinguishes the Caledonian Britons from the Scots and Picts ; This is , indeed , just such another , as if , because I call my self , in Latin , Scoto-Britannus , I should distinguish my self from the Scots and Britons . But I would fain know who were these Caledonian Britons , who were different both from the Scots and Picts ; for after he has named the Caledonian Britons , in general , he specifies afterwards both the Sc t s and Picts . There is no answer made to the testimonies from Hegesippus , Ammianus Marcellinus , nor Orosius : and therefore I now proceed to the Ecclesiastick Writers cited . After I had made it very probable that this Nation received , very early , the Christian Faith , because the Christians , who were persecuted by the Romans , would fly hither to us who had never submitted to the Roman Tyranny : I cited , in general , for our Nations being converted under the Reign of King Donald , Baronius , as the standard of Ecclesiastick History amongst the Papists , and the Magdeburgick Centuries among the Protestants . And it is strange , if they , being disinterested , and having the help of their respective parties , should fail in so remarkable a matter as that of the conversion of a whole Nation . Nor can Baronius be thought interested , because he would design to make our first Mission flow from Pope Victor , and our first Bishop to be sent from Pope Celestine : for it was all one to Baronius , as making as much for the Court of Rome , that our first Bishop came from any Posteriour Pope . And if our single and interested adversaries ( though so mightily extolled by one another , ) should be preferred to these Authours , and as infallible as they would fain be thought , there is indeed an end of all Controversie . But I am sure the rejecting of all Authorities , I have cited , and which are not so much as controverted , will not take with the indifferent World , and that satisfies me . But however , beside the Authorities of these great Men , let us consider the Grounds upon which they are founded , and which I have considered as well in all the Editions of Baronius I could find , as the Doctor could have done , though the Doctor in his wonted way Magisterially says , that it seems I never looked into him . I am used in my Employment to be contradicted , which makes me look exactly to my Citations . And whereas the Doctor tells , that what Baronius says , relates to the Conversion of the Scots , and not to their Antiquity , This is very ill reasoned : for it Baronius concludes , that we were a distinct Christian Nation from the Irish ; and had a Church distinct from theirs long before the Year 503. it must necessarily follow , that in Baronius sense , we were a Nation settled here long before the Year 503. Prosper does expresly say , that Palladius was sent to the Scots believing in Christ , to be their First Bishop , ordain'd by Pope Celestine . This Mission is acknowledged to be in the Year 431. and consequently there were Scots before that time , believing in Christ , so nationally , as to need a Bishop . The Controversie then is , whether these Scots , to whom Palladius was sent , were the Scots in Ireland , or the Scots in Britain for these Reasons . ( 1. ) Because Beda says so in those Chapters , wherein he speaks onely of us , and not of the Irish , and Dr. Stillingfleet onely repeats here what I have formerly refuted . And Beda could not but understand best of any man the Conversion of a Nation , to which he was so near a Neighbour , to a Church , in which he is accounted so eminent an Historian and Teacher . ( 2. ) The universal Tradition of the Christian Church , and of ours in particular , makes Palladius our First Bishop , and our Monasteries and Church-men could not but carefully transmit such a point as that to us ; especially in an age wherein Learning and Letters were freqeent enough to be usefull , in remembring so extraordinary a point . And St. Patrick is acknowledged by the Irish themselves , to be their First Bishop , which could not be if Palladius had been before him so that the Doctor here is forced to ove 〈…〉 all History and Tradition , to establish his own . ( 3. ) The same Prosper does elsewhere say , that Palladius being ordain'd Bishop for the Scots , whilst he studied to preserve the Roman isle , Catholick , he made the Barbarous , Christian. And that our Countrey was called an Isle , is acknowledged by all Writers , after the building of the Wall. But I now farther evince this point by Hadrianus Valesius , an Authour much commended by the Doctor himself , who , lib. 3. Rer. Francicar . pag. 144. ad annum 429. has this most clear and unanswerable passage . Sic igitur Britanniae Provincias quinque quae Romanis paruerant , Angli occupavere . Reliqua Picti Scotique incolebant : Et cum antea ut Prosper docet , pars Britanniae imperio Romano subjecta , Romana Insula , pars à Pictis , & Scotis habitata , barbara Insula appellaretur , omnis Britannia barbara Insula facta est . With whom agree Petavius & Car. Sigon . de Imper. Occident . p. 291. So that Dr. Stillingfleet does unwarrantably turn this our Argument into an objection . And the matters of Fact narrated , being onely applicable to Scotland , as I have said , and as is clear , by the best Interpreters that must determine the Case betwixt the Irish and Us. ( 4. ) Baronius and the Magdeburgick Centuries make Palladius our First Bishop and the Mission to be to Us : And though they be not allowed by the Doctor to be absolute Judges , yet certainly they must be allow'd to be the best Interpreters , and Baronius expresly says , Una omnium cum Prospero est Sententia , &c. that all others were of this opinion . The learned Bishop of St. Asaph , and Dr. Stilling sleet , to overturn this undeniable point , have invented a New Hypothesis of Palladius , having been first sent to Ireland , but that his Mission being unsuccessfull , he came back and died in the Confines of the Picts , and then the same Pope Celestine , sent St. Patrick ; which Hypothesis I may now think is fully overturned , since Dr. Stilling fleet answers nothing to the many absurdities and inconsistencies which I urged against it ; and to which I onely now add that since the Bishop confesses that he dares not deny , that there were several Conversions made before Palladius in Ireland about the Year 400 , It is strange that Palladius should have met with so much opposition , as to make him so soon despair , that he returned notwithstanding his Zeal , and St. Patrick posted from France to Rome , and from thence to Ireland within less than a Year : and so Palladius is onely called the first Bishop in Nomination , and St. Patrick the first in Success . Rare reasoning , rare despairing , rare posting , and rare distinctions to over-turn the universal Traditions and Histories of all the Nations concerned ! Upon which account the Bishop of St. Asaph * doth very ingenuously confess , that this doth not consist well with our Hypothesis , nor with Prosper's own words . And all this is founded upon Nennius , as the Doctor † acknowledges , and the ‖ Bishop of St. Asaph , and yet they confess that he is but a fabulous Authour , and cites Prosper most falsly , saying that Palladius Missus est ad Scotos in Christum convertendos , and upon a Notation of time falsly imputed to Baloeus , which I formerly urged , and is not answer'd . And the Doctor in the forecited 2d . Chapter , p. 53. would have us believe that Prosper contradicts himself in making the Scots to be converted by Palladius , and yet to have been Christians before his time , which are inconsistent . But he knows better things , for there were Christians here before Palladius : for he was sent to be the first Bishop which presupposes Christians already converted , and a Church ready to be established ; and he being sent also to convert us from the Pelagian Heresie , as Baronius Petavius and others observe , it must necessarily follow that we were a Church before that time , and remarkable too , for having a Heresie ( which is an Errour long , and obstinately maintain'd ) spread amongst us , and consequently we must necessarily have been a Nation long before that time . But all men must be ignorant , and inconsistent , when they make against the Doctor , and he cannot answer them . And why doth the Doctor lay the stress of this * objection upon Prosper : if he be such an Authour as is not consistent with himself , as the † Doctor says ? And therefore I may be allowed to say that Prosper's Testimony is for us . I must beg the Doctor 's leave to say , That the learned Dr. Hammond differs not from me in the Point here controverted ; for I have proved clearly from him , That we were Christians long before the Year 503. by Dr. Stillingfleet's own Confession , pag. 63. praef . For if we were converted before the Year 503 , We were setled before that Year . But so it is , That Dr. Hammond confesses , we were converted before Celestine's time , and that Palladius was sent to our Scotia , and not to Ireland ; To which Dr. Stillingfleet makes no solid Answer at all . And where the Doctor says , That I concealed Dr. Hammond's asserting that we received the first Rudiments of the Christian Faith from the Britains , in rejecting the Roman Customs ; It is answered , That whether we received Christianity from the Greek or Romish Church , or whether our Conversion was rude or perfect , is not here controverted ; But whether we received it before Palladius's Mission : And that we were Christians before his time , is clear from Dr. Hammond's own express Words . And though I relate our Conversion by Pope Victor , as the common opinion , yet I am so little tyed to that opinion , That I also , from Beda , relate our Agreement as to Easter and other Points , with the Greek Church , in contradiction to that of Rome ; and from which , Archbishop Spotswood did , before Dr. Hammond , think that our Conversion was from the Grecian Church . To conclude this whole Point , concerning Palladius , I am sure it s very Irreconcileable , that Dr. Stillingfleet should acknowledge that the Bishop of St. Asaph mis-cited Baloeus , for proving that Palladius dyed Anno 431. ( upon which , his whole Hypothesis depends ) and yet that he should positively assert , That the Bishop's onely fault was , that he was too exact in that Hypothesis . The next Ecclesiastick Authour I did cite was Tertullian , who about the Year 202. says * that the British Nations that could not be subdued by the Romans , yet willingly yielded their Necks to the Yoke of Christ. To this the Doctor onely answers , that this must be understood of the Moeatoe and Caledonii . But this is inconsistent with Baronius's applying that passage to us : and that Sense is not so much for the honour of the Christian Religion , these being but sub-divisions of a Nation . But since this passage of the Conquer'd Nations in Britain , and that I have proved unanswerably by Beda , that the Picts and We were these unconquered Nations , it necessarily follows , that this passage is onely applicable to us . The Doctor answers St. Ierome transiently , applying likewise what is said there of the Scots , to the Scots in Ireland , without giving any special answers to the Citations . But I have so fully refuted this in my Book , that it needs no reply . But if the Reader please , he may likewise consider St. Ierome , where , speaking of Pelagius , he says , * His extraction was from the Scotish Nation in the Neighbourhood of Britain . And though some contend that Pelagius was a Briton , none ever contended that he was an Irish man , and the Neighbourhood of the Britons cannot be extended so properly to Ireland , as to us . But whether Briton or Scot , yet it is clear from this Citation , as well as from the former , that in Ierome's opinion there was a Scotish Nation living then in Britain , and that this was the common opinion of the Age , else so good an Authour would not have written so . To the Citation from Epiphanius , nothing is answered . I confirmed all these Citations by several reasons , which are not so subject to quibbling as Citations are ; for these are founded on common Sense , and therefore the Doctor answers little or nothing unto them . But I hope the Reader will duly weigh them . But how can it be imagined that the Irish would have sent no Colonies to settle , till after the 500. Year of God , they having been time out of mind , acknowledged to have been setled in Ireland , and being a very broody People , and having no Wars ( whereas the design of Colonies is to dis-burthen the Nation by foreign Settlements ) or that they would not have assumed to themselves the Glory and advantage of these Wars ? or that the Scots here would have fought for the Picts above six hundred years together , without setling in the Countrey , which they conquered , contrary to the Custome of all other Nations , who made Incursions ? Or how can it be imagined that the Romans would not have resented against the Irish , all their Inrodes , if they had been made from Ireland ? Or that the Picts could have subsisted without the Scots , the Romans and Britons staying all the year within the Isle , and the Scots going home always in the Winter ? Or if they had not been setled among the Picts , till the Saxons were setled among the Britons , how is it imaginable , that the Picts would have invited them to setle then , when they had seen how the Britons were ruined by their Auxiliaries ? Or why would the Picts have invited them to setle among them , when the Picts were become more numerous , by the Generations of six hundred years , and after that they themselves were straitned in their Possessions by the Irruptions of the Saxons ; a new Nation who had gained all betwixt the two Walls , which was , in effect , the far better half of what they possest ? And since the Scots and Picts were still joyned in all the Actions that were performed , and are spoken of still in the same way , and Phrase , how should we think the one was setled , and the other not ? And that no mortal Historian , or other , should have observed this , till Luddu's time ? All these reasons supporting one another , and joyned to our Citations , should be at least allowed to maintain the Authority of so many Historians and Histories , in possession of belief . Having thus established my own position , by Authorities and Reasons , I appealed in this difference betwixt interested Countries , to the dis-interested Judgment of the greatest Criticks and Historians , and all whom I have cited are acknowledged to be on our side , as I have formerly cleared in the respective Citations . To which nothing is answered , but that we must not believe them ( being Modern Writers ) in their Improprieties : An answer indeed , not worthy of so undertaking an Antiquary . That we must not believe Antiquaries in their own Art , nor dis-interested Authours in differences between interested Nations . But since Scaliger is the onely Critick , who is alledged not to be positive for us , I here insert his own Words . In Tibullum , lib. 4. Te manet invictus ? Invictus sane adhuc eo tempore . Nam hactenus ne Caesar quidem illos subjugavit . Primus Caesarum , Claudius de illis triumphavit : Cujus rei amplissimum testimonium habes in Catalect . meorum lib. 1. nempe Elegantissimos versus à quodam ejus temporis poeta scriptos quos inde petas licet . Sed & Seneca , in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , idem testatur in Choricis Anapoestis , & Coeruleos Scotobrigantes , pro quo ineptissimè hodie editur Scutabrigantas . Quare & Scoti hanc gentis suoe Antiquitatem mihi debent , qui primus illum locum emendavi , quum ipsi hactenus gentis suoe testem Claudiano antiquiorem non haberent . And in Eusebium n. 20. 60. Et Caerulei Scotobrigantes , ut olim feliciter à nobis emendatum esse asserimus : adversantur tamen quidam , in quibus boni , malique ; docti , indocti ; Aiunt Scotos ante tempora senescentis , imperii notos non fuisse . Utinam demonstrationem attulissent quâ nobis jugulum peterent . Ante Constantini tempora , inquiunt , notum Scotorum nomen non erat . Acutum sane telum , nisi plumbeum esset . Burgundiones & Longobardi , decrepitâ oetate imperii coeperunt notescere . Qui eorum meminerunt , de vetustissimis Velleius , & Ptolomaeus , extant hodie . Si periissent , ut multi alii , ideo Longobardos tunc primum , quum in Italiam irruperunt , Burgundiones quum Viennensem & secundam Narbonensem occuparunt , esse , & vocari , coepisse diceremus — Qui igitur ex Hiberniâ in Britanniam ferocissimi trajecerunt , non esse coeperunt , nisi postquam in Britanniâ fuerunt ? Quid stultius ? Quid ineptius ? Sed eorum nulla mentio apud Ptolomaeum & Cornelium Tacitum , atqui nec Burgundionum , Longobardorum , Anglorum & Gothorum , apud Plinium , Strabonem , Melam , alios . Quam indignoe sunt hoe velitationes liberalibus ingeniis ? — Postquam per multum tractum temporis Septentrionalem oram Britanniae excursionibus & latrociniis vexassent , tandem ab Antonino Pio in ordinem redacti , finibus suis sese continuerunt . From which I argue thus , Scaliger there concludes , that we were one of the Nations against whom Claudius fought , and that we were never subdu'd till then . for Claudius never fought against the Irish ; and the Scots here spoken of by Scaliger , must be those whose antiquity Scaliger did formerly prove out of Seneca : for he says , * the Scots owe to him the Antiquity of their Nation . But so it is , that the Irish living in Ireland , do not owe the Antiquity of their Nation to him : for it is not deny'd on either side , that they were much more ancient ; and I am sure the Irish were not called Scots , in Scaliger's time . And both this passage of Tibullus , and that of Seneca , joining the Scots to the Britons , must certainly be interpreted onely of the Scots in Britain , according to Usber's own rule . The passage likewise cited by me out of Eusebius , ad M. M. L. X. does also prove , that Scaliger thought us elder than the declension of the Roman Empire , as is now alledged , for he speaks there of that Nation , of whom he had formerly spoken out of Seneca . But so it is , we were these Scots , and not the Irish : And it was never controverted ; but the Irish was a Nation long before that time , as I said formerly : and consequently , Scaliger contemns very justly those Authours , who deny , that we were a Nation before Constantine's time , because no Authours spoke of us till then : For , says he , the Longobards and Burgundians were established Nations long before they were known by these names . And the Nation of which Scaliger speaks , is that Nation Quae trajecit ex Hiberniâ in Britanniam : And it were ridiculous to apply this to the Scots in Ireland , or deny that Scaliger thought we setled here while the Roman Empire flourished . Scaliger also there says , that after we had troubled Britain by Incursions , we were at last forc'd to contain our selves within our own bounds . Which shews , ( 1. ) That we had made Incursions long before Antoninus's time , which was about 100 years after Christ , contrary to what the Bishop of St. Asaph saith . ( 2. ) Antoninus forced us to contain our selves within our own bounds , and therefore we had bounds and marches of our own , before that time , and so we were setled long before 503. And all this agrees with Eumenius and Pacatius , and proves that what they write relates to us . ( 3. ) Pausanias , ( whom Scaliger there cites ) tells us , that Antoninus took much Land from them ; Ergo , they had Land before that time , for that Land could not be in Ireland , for Antoninus never took Land from the Irish. And whoever these Brigantes were , yet Scaliger there makes us the Brigantes , and the question there is onely concerning Scaliger's opinion of us . Nor am I concerned at his calling us Brigantes : for I can prove that Brigantes signifies not Robbers , but Highlanders , from the word Briga , which signifies an Hill. And I receive kindly the Apology made by the Doctor for the Bishop , that his Lordship called us not Robbers , but onely produced a Testimony from Gildas , whom I excuse for abusing us , he being of that Nation which was over-run by us ; and probably our spoiling of them might be the Ground of his Quarrel . The Doctor likewise argues against my Citations from Favin and Paulus Aemilius , as speaking onely of an alliance betwixt Achaius and Charles the Great , and nothing as to Fergus , nor the Succession of Kings for 330. years before Christ's Nativity : But , alas ! How trivial is this Reflexion ! For I never adduced these Authours for proving directly , that part of our History relating to Fergus ; but did justly argue , that we must have been setled here much earlier than the Year 503. because about the Year 790. we were a very considerable Nation , and entered into a League with Charles the Great , which these Authours do fully prove . And I likewise produced this Citation , to shew how unwarrantably the Bishop of St. Asaph confined us to some few Countries now erected into the Earldom of Argyle . As to Sigonius , I shall set down some Citations which formerly I forgot to place on the Margin . But it is strange that the Doctor could not find them , though he uses not to search much for what makes against him , His words are , * Eodem anno ( qui fuit 360 post Christum ) Julianus apud Parisios hibernans , Scotos , Pictósque Britannos incursantes audiens , Lupicinum magistrum armorum in Britanniam destinavit . And in another place he says , Anno verò Christi 449. Britanni namque à Pictis & Scotis ( qui Pictis adjuncti partem Insulae ad Aquilonem tenebant ) desperato Romanorum auxilio ad Anglo-Saxones Germaniae populos confugerunt . From which Citations , it is undeniable that Sigonius thought that we were possest of the Northern part of this Isle before the Year 360. and that at that time we were joyned with the Picts , in possessing the same . I cited also Selden's clear Authority , to which nothing is answered . And when I said in the first impression of my Book , that all Historians had own'd our History ; I meant all who wrote before Luddus , and Camden , which I still believe to be true . And yet to prevent quibbling , I ordered the expunging of the word [ All , ] in the second Impression , before I knew of any censures but my own . And now the Doctor produceth onely two , who wrote since their time , and are not of such weight as these cited by me . And if Ubbo Emmius had considered what I now produce , he had at least acknowledged our History before the Year 503 , whereas he does not so much as allow our History till after the Year 829 , which , even the Bishop of St. Asaph will think ridiculous , and which being after the French League is redargued by unquestionable Proofs , neither is Boxhornius special , and has been misled by Usher . Thus , I hope , I have again overturned the Bishop of St. Asaph's two chief Positions relating to us , viz. That there were no Scots in Britain at all , before the Year 300 , which is expresly contrary to what is said by Eumenius , Tertullian , Latinus , Pacatius , Seneca , Spartan and Beda ; and that other Position , viz. That we were onely here by way of Incursion , from the Year 300. till the Year 503. which was all that I did chiefly undertake , and for which , though I needed not to have produced Arguments , but onely answered his Citations , ( for according to Dr. Stillingfleet's own Position , a received History is not to be overturned , but by very convincing Proofs ) yet because I found that neither the Bishop nor the Doctor could bring any Proofs to overturn our History , I have likewise proved , the truth of it as to these Periods of time , by Authorities which I may modestly say very learned men have thought unanswerable , and which the Doctor 's answers ( being so insufficient after the assistance he has got ) shew to be so . CHAP. III. What the Bishop of St. Asaph and Dr. Stillingfleet say against our Histories , from Fergus the first , examined . THough I was not obliged to maintain our History beyond the Year 503. that being sufficient to overturn the two Positions laid down by the Bishop , yet I think it fit and reasonable for me to examine also , what our two learned Adversaries say against our Histories in general , even as to these dark times , in which , neither our Neighbours nor we can get such a sequel and chain of Authours , as these I have produced to prove our being here before the Year 503. Let us then remember ( 1. ) that we are onely obliged to produce Historical , not Mathematical , nor Legal proofs . ( 2. ) That we are onely maintaining our Origine to be from a Neighbour Nation , and very near to the Age of Letters , and that there is nothing in this our Origine , either vain or fabulous , we neither deriving our selves from Aegyptians , Grecians nor Trojans , nor contradicting even in these first dawnings of our History , the uncontroverted Tract of foreign Historians : And so all these long digressions , which the Doctor , to shew his own learning , produces , concerning Berosus , Manetho , Suffridus and others , and particularly of their rejecting their own fabulous descent from Brutus , is absolutely impertinent ; there being nothing that can be alledged in our History to contradict foreign Historians , which I have not taken off in my first Book , without any answer made to it . And though there should be some Errours in the Tract of a History , yet the whole History for that must not be rejected , else no English Historian should be believed more than ours , we seeing in our own Age , matters of Fact , especially relating to our own Countrey , very much mis-represented , to say no worse at this time ; And I desire to know what Warrant Luddus , ou first Adversary , had for asserting the descent from Brutus , and for his promising to prove it ; and yet this Authour passes for a great Critick , and Camden states the debate betwixt Buchanan and him , as the debate betwixt a great Antiquary and a great Poet : Well decided indeed , and this is a great proof of Camden's being an impartial Antiquary , and since most of the old English Historians who wrote their general History , tell of this descent from Brutus , we may controvert in the same way the truth , even of their latter Histories ; because they are founded on their old Histories which assert Brutus , and so contradict the whole Tract of the Roman story as ours do not . ( 3. ) The Bishop and the Doctor do both wrong us , very much , in observing , that all our Neighbour Nations have thrown out the old and fabulous beginnings of their History , but that we still retain our ancient Fables , for any man that reads our History will see that most of our Historians have omitted the old Irish Fables of Gathelus and Scota , and all that long line from Iaphet to Fergus the first , narrated lately again by Ogygia , and much used by our reverend Critick Dr. Stillingfleet in this answer against us . It is acknowledged by the Doctor himself , that Boethius and Ioannes Major do very ingenuously pass from many later things , because they smell of that fabulous age , but the Doctor does charitably make these to be the effects , not of sincerity , but of Craft : so nothing can stand in Judgment before such Criticks . The first thing I say then for our Historians , is , that what they say from Rheuda's time , is not onely made probable , but is undeniably proved by Beda and Eumenius , who do clear that we were here before Iulius Caesar's time ; and if we were , certainly we had Kings , nor did the Genius of our Nation ever encline to a Common-wealth as others have done : Rheuda is made a Scotish King by Beda , Galgacus by Tacitus , Donald by Baronius and the Ecclesiastick Historians , and all this before the Year 300. From Rheuda then to Fergus the first , are but by our Computation 130 years , and to what purpose should so many honest men have conspired , and a whole Nation have concurred so zealously , to maintain a Lye ; so little usefull , as the lengthning our Antiquity , for so short a time as 130 years ? And though there were nothing for it but Oral Tradition , why might it not be received for so short a Period ? and since a Father might have told this to his Son , in an age wherein men lived so long , and especially as to the descent of a Nation , and the race of Kings , of which men are very carefull : to fortifie which , I adduced Livius saying , Per ea tempora rarae literae fuere , una custodia fldelis memoriae rerum gestarum , & quod etiamsi quae in commentariis Pontificum aliisque publicis privatisque erant monumentis , incensâ urbe , pleraeque periere . But because there is a debate betwixt the Doctor and me , concerning the Translation of these words , I urge from common Sense , that Oral Tradition was to be Livius's best Authority , in the beginning of his History , and in many things afterwards ; for though , after several years , the Romans were exact in preserving their History by keeping publick and distinct Records , which the Doctor does needlesly prove , since it was never controverted ; yet certainly in those things which he narrated before the building of Rome he could have no Warrant but Tradition . ( 2. ) After the building of Rome , it 's not to be imagin'd , that a Nation onely given to Wars , would for many years fall upon the exact keeping of Records . ( 3. ) These Records might possibly bear the names of Magistrates , which is all that is proved , and in a Monarchy could have been preserved without these , as to their Kings : For I will undertake there are few here but know who reigned these 130 years by-past among us , though they can neither read nor write : And though private Magistrates might be forgot , yet hardly Kings , and very memorable actions could be so : and I dare say , that in our own , and in most of the considerable Families like ours , not onely the Succession , but the chief Accidents which befell the Family are remembred for two or three hundred years by many hundreds in the Family , though there be no written History of such Families ; so far does interest and affection prompt and help Memory and Tradition to supply Letters . ( 4. ) Though these Records might have preserved names of Magistrates and Treaties , with the conditions thereof , yet what were the occasions of War , the considerable exploits and Strategemes done in them , and many other such matters of Fact , could onely be preserved by Tradition ; for these were never Recorded in any Nation , and could have no Warrant save Oral Tradition , without mentioning the Harangues , and such like Historical matters : so that Livie , as well as Boethius must have wanted flesh to fill Nerves to support it , and colour to adorn this History . ( 5. ) Since the City , and most of these Records were burnt , we have as great reason to doubt of their History as of Ours ; for albeit we cannot now produce the warrants of them after Vastations as remarkable as their burning was , yet we have others who say they saw such Books , even as Dionysius Halicarnassius cites Antiochus Syracusanus , for whose History no more is said by the said Dionysius , but that he took his History out of ancient and undoubted words , and he is but one Authour who says so of himself ; whereas we have many Historians , who say that they with their own eyes saw the Records , out of which they took the things they have . These things being premised , I renew the Argument which I proposed in my first Book for proving the truth of our Histories . Thus , These Histories must be believed , and are sufficiently instructed , in which the Historians who writ them had sufficient Warrants , for what they wrote , and we have fiv● or six Historians , men of untainted Reputation , who when they wrote their Histories , declare that they wrote the same from Authentick Records and Warrants , which , being a matter of Fact , is sufficiently proved from the Testimony of so many honest Witnesses , who declared they saw good Warrants for what they wrote : and if this be controverted , what can be true in humane Affairs ; or why should we believe Livius , Iosephus or others , since the Authours which they cite are not now extant ? This is all the subject can allow , and what the learned Bishop Pearson and Heylin think not onely sufficient , but all that is possible to be done in such Cases , the one , proving by my Method and Arguments , that St. Ignatius's Epistles are Genuine , and the other , that there was such a King in England as Lucius ; and that he introduced into it the Christian Religion , in which the Doctor agrees with him , against the Bishop of St. Asaph , and I hope our Authours will at least give a deference to the opinion of two such emnent English Divines . The Laws also of all Nations allow , that when Papers are lost , the tenour of them may be proved , providing a probable way of losing of them to be instructed , which the Lawyers of all Nations call Casus amissionis . But so it is , we assign two remarkable occasions and sufficient reasons , to instruct this Casus amissionis . The first in the Reign of Edward the first , who industriously did take away our Records . Which in the process before the Pope , we offered to prove by most famous Witnesses in presence also of the said King , who , by his not contradicting , did acknowledge this matter of Fact. The second in the time of our Reformation , in which , the blind Zeal of some , and the interested Avarice of others , prevailed with them to destroy the Records of our Monasteries . And so far are these accidents true , not onely in History , but in our sad Experience , that we want in matter of private right , what might have been furnisht us both from our Records , and Monasteries : And so it were ridicuous to think , that we abstracted those vouchers upon design ; especially seeing long after that , and till Luddus time , no Nation , nor Authour , ever controverted our History ; and I Challenge the Doctor to produce any such Authour , as certainly they would have done , if the matters of Fact had been either ridiculous in themselves , or inconsistent with the tract of other Histories . Of this fundamental Argument the Doctor takes no notice , and makes no answer to it ; but I , to fortifie this Argument , having insisted upon the probability of what our Historians relate , and the Reputation of the relaters , he runs out in an answer to both these , to which I shall make a Reply : But I conceive nothing can take off the strength of my Argument , except he either prove , that there could have been no such Warrants , and that what is related is in it self inconsistent with the History of other Nations , or that he had produced to us good Authours contemporary with these things which he denies , and we assert , and had shewed that these Authours deny these Transactions , or deliver things inconsistent with them ; neiof which he has done , nor can doe . The first general Ground insisted on by the Doctor , is , that we have no Historians who wrote in the time in which the things related were alledged to have been acted ; to which it is answered , as formerly , that an Authour writing from sufficient Records , is as much to be believed as if he had lived in the time ; and that is our Case : And I again renew my Query , if the Doctor thinks that Dr. Burnet's Book of the History of the Reformation , should not be believed in the next Age though the Warrants of it were burnt , which is very possible ; and had it not been great folly , and impudence , in five or six honest men to have separately written , that they and each of them had the said Records , when they wrote from them ? And though the Doctor insinuates that this has been formerly done by one or two which he cites , yet there were not many concurring there , as here ; and it is a very different thing , for one Authour to say that he wrote from such a Record , a particular passage , in which none was concerned , and for many worthy Men to say in their Epistles to their Kings and Nation , that what they wrote was true from the Records which they had given them from Monasteries and other publick Records , and to appeal to them as then extant : and certainly many would be very desirous to see these Records in the time of the writing these Histories , especially seeing the first Historians who appear in Print have both Rivals , and Enemies , as well as curious Criticks , and the Monasteries themselves , and the Keepers of the pretended Records , could not but have known the Forgery , if any such had been . Or durst so many ingenious Men , though they had been careless of their Conscience , have trusted their Reputation in so nice and quick-sighted an Age , as that , wherein all of them wrote , to the discretion of so many who could have discover'd the Cheat ? Nor do we find , even from what the Doctor himself writes , that the single Testimony of these who pretend to have written from Records , is rejected , except where what they say is redargued , as inconsistent with other uncontroverted Histories , and Authours ; or narrate things , in themselves incredible , as is evident from the instances of Humbald , Geoffery , Annius and others : so that to reject our Histories , lest the World should be obliged to believe these , is no solid , nor just way of reasoning . But the Bishop himself , to shun this , did with a greater shew of reason urge that our Historians were but to be accounted as one , since they followed one another in a File : But I did fully take off this , by proving that each of them saw some few of these Records , and Warrants , a part ; and that they differed enough , to shew that they were in no Conspiracy : and this I hold as acknowledged , since the Doctor returns no answer to it . That there could be no sufficient Warrants for our History , from the Annals of our Monasteries , is contended , because the Monasteries themselves are much later than Fergus the First , who is to be proved by these Annals . But to this it is answered , that Iona and Abercorn , are Monasteries acknowledged by Beda , as long prior to Beda's time ; and though the Monasteries were later , yet they might have Records as old as Fergus , for this is very probable in it self , and consequently ought to be believed , since it is proved by famous Witnesses . And whereas it is answered , that bare Probability is not sufficient to sustain a History , but the Annals themselves out of which it is taken must be produced : My return to this is , that if bare Probability were onelyproposed , the answer is good , but it is not so when I say the thing is probable of it self , and is actually proved by Witnesses beyond all exception . And whereas , to overturn this , it is contended from the Irish Annals , that Fergus , whom we call the second , was our first King. To this I need say no more , but that I proved in my former Book , that all the accounts which the Irish gave of our entry into this Kingdom , are inconsistent , and contradictory one to another , and to which the Doctor has made no answer , and therefore they are not to be believed in themselves ; but much less are they to be believed when contrary to the Annals of all our Monasteries , attested by famous Witnesses who saw them , and in a matter in which we were more concerned than they : and so it is probable we would have been more carefull to preserve it's Memory , ( 2. ) I have proved in the first Chapter , not onely by the assertions of our own Historians , but by all the Historians who speak of us , both without , and within the Isle ; that we had Kings long before Fergus the second , and that we had even Christian Kings ; and it is almost impossible , that our Monasteries could have been mistaken in that , or at least that they would not have condescended , who was the other Christian King , if Donald was not : And at least , our Adversaries should be put to prove who was our First Christian King , or acquiesce in him whom we assign . And it is also very strange , that not onely we , but the Romish Church it self should be mistaken ; they being very positive in concurring with us , whereas no other Nation nor Church condescends , as I have said , upon any other First Christian King , or Authours to prove it . And to conclude this Period , I must say that it is wonderfull , that positive Witnesses , that say they saw old Annals , fortified by their Histories both at home and abroad , Pagan and Christian , should be less believed than the Ballads and Traditions of another Nation , who have none of these advantages : That Beda should be of less credit than Iocelin , and Legends , in which I dare say the Bishop and Doctor believe but very little , if any thing at all , save this ; and why are not the Legends of St. Congall and St. Brendan , who mention the settlement of St. Fergus the first , as good as Iocelin , and others , produced to prove that Fergus the second was our first King ; especially seeing they likewise concur with Beda in his Rheuda ? Whereas the other contradict him , and that our Histories which have rejected Gathelus and Simon Brek , because that too great Antiquity is improbable , should be overturned by those who positively own a Lineal , well proved descent from Iaphet , and condescend upon days , and months , and that our Historians which are many , and very much esteemed over all Europe , should be overturned by the Authority of Rhimes , and rags of History , which no Man adventured to form into any Body whatsoever , till of late some Specimen is given , in which , amongst other rare Marks of veracity , our League with France was alledged to have been made with their Kings ; as if France understood as little their own Leagues , as they would have Rome to understand their own Conversion ; or that all the Nations of Europe should have been mistaken , as to this palpable Point . I reflect not on the Publishers of the Manuscript of the Abbacy of Melros , printed at Oxford ; for I honour every thing that comes from that learn'd Society , in a special manner ; but it is no reflexion on them , to say that we have another , much fuller , in what makes for Scotland , though it could not be so exact as the other Monasteries , since it was ofttimes of old , under the Saxons , who would certainly lessen what relates to us ; and thus the fault lay in the Copy , and not in the Publishers , for the Authour of that Manuscript calls Beda our Countreyman , so he must have been then our enemy ; but however it begins not with Alpin , as the Doctor alledges , though I mention that , because he is not mentioned in the Oxford Edition : for it declares , that it is to continue where the Reverend Beda left , and so is a proof of our Nation , and History , from that time , and the differences of that from ours shall be printed , and I have at present printed these few . And though Buchanan had the Books of Pluscardin and Pasley , yet it does not follow that therefore the best and most part of the Books of our Monasteries were not carried to Rome , or destroyed , and so cannot be recovered from Rome ; and how can it be imagin'd , that those who burnt all our Magnificent Churches , would have spar'd a few Books , written by Monks , and which were so little esteem'd in those times amongst our Zealots ? The Doctor , in proving there was no such Authour as Veremund , forgets that I have prov'd by two famous Witnesses , a Lord of the Session , and a Principal of a College , ( both learned , and devout men , much esteem'd abroad where they travell'd ) that they had seen the Book ; and here is no bare probability . And I hope it is uncontroverted , that the depositions of two Witnesses cannot be taken away by probabilities ; nor can it be alledged that Chambres followed Boethius's faith in this , for he says he had it , and he cites many things material out of Veremund , nor does the Learned Doctor Pearson prove any other way the truth of St. Ignatius's Epistles , than by producing the Testimonies of Origin and others , who have cited passages out of those Letters , as Letters written by St. Ignatius , though none of these Authours liv'd in the age with St. Ignatius ; and so they did not legally prove that these Letters were written by him which are not in Boethius . But however , let us a little examine the Doctor 's probabilities . The first is , that many have forg'd Authours , as Annius : good ! Ergo , these two learned Men did it ; à posse ad esse non valet consequentia . ( 2. ) We have nam'd other Authours , who are not now extant : Ergo , Veremund never was : good again ! and if Fordon had been lost , or Elphinstoun , whom we have not yet seen , such Authours had been both denied , and so had that learned Manuscript written by Craig , which we have but lately recovered . ( 3. ) Fordon cites not Veremund , though he cites many others ; This is such another consequence , as if I should argue against the Doctor , that Boethius cites not Fordon ; ergo , Fordon never was . But I chuse rather to argue thus ; the Bishop and Doctor both think that Boethius did onely transcribe Fordon , and yet he never cited him , which they think he did , that he might have the honour of being thought our first general Historian himself : And yet it is prov'd , there was such a Book as Fordon , then extant ; and therefore I conclude , by the same reason , that Fordon transcribed much of Veremund , and therefore conceal'd his Authour . ( 4. ) Bishop Elphinstoun mentions him not ; but to this I answer , that the Manuscript is not ours , and so may be gelt ; but I conceive , by the Doctor 's Epitome of it , that it is it self but an abridgment of Fordon , and therefore he mentions not Veremund , because Fordon had not mentioned him , and it was very ordinary in those days , to write Epitomes of Fordon , some whereof are extant with us , and Boethius tells us that Elphinstoun never wrote an History , but onely prepar'd some materials for one ; and if he wrote a History , here is again another Historian , who being a devout and learned Bishop , must be thought not to have written without sufficient warrants . Though then probabilities could overturn the deposition of Witnesses , yet these have no weight , but what the Doctor 's Authority gives them . And though it were prov'd , that Baker , Baloeus , and the other English Historians whom I cite , had not seen Veremund , yet surely they thought it not onely probable , but certain , that there was such an Authour . Against Fordon it is urg'd , that he mentions not our first Kings from Fergus the First ; to Fergus the Second ; and that he confesses he knew not how long any of these Kings after Fergus reign'd ; and from this also it is concluded that we have no Manuscripts to instruct the same . Nam , says he , ad plenum scripta non reperimus , To which it is answered , that this is a great argument of his ingenuity , for if he could have written without sufficient warrants , why could he not have made up this , as well as the rest ? But the true reason is ; that the Warrants did then lie in the Monastery , especially at Icolmekill , where Veremund's History was likewise kept . And it is clear , by Boethius's dedication to the King , that he thanked his Majesty for ordering that these should be delivered to him : and if the Doctor should at present write such another Dedication to the King , thanking him for letting him have the use of the Alexandrian MSS. of the Bible out of his Bibliotheque , could any man afterwards think that there were no such MSS ? and that the Warrants of the Histories us'd so to be kept , as not to be got without publick Authority , is clear by the custome of Nations acknowledg'd by the Doctor out of Livy , and asserted by me in my First Book . As to our Nation , from Paulus Iovius , who was not interested in us , and consequently , it was no wonder that Fordon , who was but a mean Priest , could not have Veremund and the other Warrants which were necessary for filling up the History of our Kings , between the two Fergusses , which Boethius himself could not recover without the King's command , the Treasurer's assistance , and his own great expence and labour : and I know not whether it would not have been a greater villany and folly in him , to have asserted all this , if it had not been true , himself and all Persons interested being alive , or a proof of Fordon's ingenuity , in not filling up what was deficient through want of the Warrants . Against Boethius , it is urg'd by the Doctor , that he could not have had Veremund , and other sufficient Warrants from Icolmekill , as is pretended , because his History is printed in the Year 1526. and he had not these Records from Icolmekill , till the Year 25. so that the History could not be compil'd , printed and revis'd in a year . To which it is answered , that Hector Boethius is acknowledg'd to have had a better invention , than to have forg'd so improbable a falsity , especially in a thing he might have contriv'd as he pleas'd , and in which the honour of the Nation was not concern'd , and as to which , the King , Treasurer and Monks of Icolmekill could have controll'd him ; but this is easily reconcil'd , without a miracle , for certainly Boethius was writing his History long before he got these Records , and doing what he could , as Fordon had done , without them before ; and having at last got them , after the third message , Tertio Nuncio , which shews he was writing before , he might have easily added from the beginning through the whole Book , what was to be expected from Veremund , and others , and which , I dare say , the laborious Dr. Stillingfleet could have done in a month , and there was time enough from the beginning of 25. to the end of 26. ( as we may well enough suppose ) being near two years to have done all this ; and this was a far less miracle than for the Bishop and Doctor to have sent Palladius from Rome to Ireland , to preach there long enough to have a sufficient proof of the Irish being obstinate , and to despair of success , to return , and to die in a Countrey of the Picts all in one year : and St. Patrick , who was not then present , but was in France , to have got the news of this death , to have formed the resolution , and to have gone to Rome , and prevail'd with the Pope to ordain him , and all this in the small space betwixt the 25th of December , and the 6th of April following : at which time the Pope died ; whose preceding sickness could not but have retarded that Affair . I admire the Doctor , for insisting on the Printer's mistake , not mine , in calling Turgot , Archbishop of Saint Andrews , for I call him , p. 26. Edition the first , Bishop of St. Andrews , and so the calling him Archbishop afterwards could not have been ignorance in me , and the Printers thought all Bishops of St. Andrews must be Archbishops ; and by the mistake of the same kind , without any observation , Martial is made to have liv'd in Augustus's time , whereas I plac'd him in Domitian's , and sent a Copy so corrected , in print , to the Bishop of St. Asaph , and the half of our own printed Copies are right in this , but in the Second Edition , I expung'd these , and some other literal faults , before I knew that the Doctor or any else was to write an answer : and , I am glad the Doctor is so fashionable a Gentleman , as to understand Martial better than I do : nor would I have insisted on the mistakes about Fordon , and Dempster , if these had not been material to my purpose , whereof the one is not yet answered , and the other not at all notic'd by the Doctor . I urg'd upon this head also , that the Sacred History was for many hundreds of years preserv'd by Oral Tradition : for though the Iews and we acknowledge , that the Scripture was penn'd by Divine Inspiration , yet in arguing against Pagans , we must make this probable by other Arguments . And the Doctor , in his Origines Sacrae , ( which Book I esteem very much ) uses the same Common Places with me , and amongst other things tells us , that men lived so long in those days that they were able to transmit Historical Relations with much more certainty than now . And Iosephus , for proving the Sacred History against Appion , cites Foreign Authours that are all lost now , and yet we believe there were such Historians . And albeit afterwards the Priests did preserve their Histories with great exactness , yet that way of preserving History by Records , took not place for many ages . And though our Monasteries are not to be compared with their Priesthood , yet they were sufficient , especially in these sincerer times , to preserve our Histories . And though what they preserv'd is not to be believ'd with a Divine belief , yet they ought to have an Historical one allowed them , especially since they are fortified by the probability of what they preserv'd , and the concurrence of as much Roman History , as France or Spain can pretend to . Nor are the Citations from our old Laws to be contemn'd : for these at least might have been preserved by practice , as Lycurgus's Laws . And it is undeniable that Skene , our famous Register and Antiquary , did within these 100 years declare , He had old Manuscripts bearing these our old Laws , though they are now lost , without weakning our esteem or observance of them , and he has printed many of them . And though Historians might have adventur'd to print some Historical Passages without sufficient warrant , yet neither they , nor our Register , durst have adventur'd to print Laws , nor would our Governours have suffered this , without sufficient warrants . And we must be believ'd in what concerns us , and us onely . Nor does it follow that because the Laws of Alexander the Third were lost ; therefore the Macalpin Laws might not have been preserv'd , they being the foundations of the Rights and Successions of our Kings . And therefore , as they were preserv'd with more care by us , they should have been attack'd with less zeal by the Doctor , for his Monarch's sake , whose partiality I tax in this , and not his disloyalty . And to conclude this period , in opposition to the Doctor , I do think that the most fundamental of all Laws were in all Nations preserv'd by mere Tradition , and are not written to this very day , save when some accident forces it , as in our late Statute for the Succession . Which Position , since able Lawyers must acknowledge , I do not contend for it with a Divine , who seems here to be out of his sphere , and more dogmatical than his Profession will well allow . But why may not our Laws be as old as about 800 years ; since Selden and Church-hill tells us , that there are Laws yet extant in London , older than any the Romans had ? And the Doctor 's Raillery , that probably these Laws were in another Chest at Icolmekill with the MSS. which Boeth says Fergus brought from the sacking of Rome in the time of Alaric , to be contemn'd : for as great Criticks , as the Doctor , believe this to be true , as one may see by Morhosius's learn'd Book de Patavinitate Livianâ . From this received Principle also I conclude justly , that since Lycurgus's Laws , and the old Laws of other Nations have been preserv'd , most of them without writing , and by mere Tradition , why may not the same Tradition be trusted for the Names , and for some general and probable actions of our Kings for 130 years , viz. from Rheuda , to Fergus the First ? or why might not our Monasteries have received these Traditions from such as lived nearer these times than Gildas did , to the first planting of Christianity in Britain ? And yet his , and other Ecclesiastick Traditions , are generally receiv'd , and acknowledg'd , and founded on , by our severe Doctor , and Churchmen ought to be tender of them , because without these , Fanaticks and Sectarians might press them very much . Another ground whereby I endeavoured to render it probable that there were such Warrants as these declar'd to have been seen by our Historians , was , that what they declar'd was probable , and ordinary , for our Countrey , and other Northern Countries , as Ireland , and Domestick Historians call'd Sanachies , and Bards , who as Poets preserv'd their Histories . This Varaeus observes in Ireland , and Powell in Wales . * Bardi custodiebant etiam Nobilium insignia & Genealogias . And in these were probably the memory of the Names of our Kings , and their considerable Actions preserv'd . Nor can it be imagin'd , that a Family can rise without getting their Lands from some Kings ; nor could they have done considerable Actions , except in their service : and so in remembring their own Genealogies and Actions , could not omit to record those of their Kings . And Livie , in the place cited , † tells us , that the Histories of Private Families were us'd as the Warrants of the General History , and those Luddus does cry up as the Warrants he us'd . Nor does Buchanan decry them , except in opposition to Luddus his using them as proofs of these positions onely , that are inconsistent with the Roman Contemporary , and other Histories . And in so far I acknowledge they ought not to be received ; but that cannot be alledged against us . I urg'd also that it was very probable , that we had ancient Written Histories ; because we had the Druids amongst us who were Priests under Paganism , and they are acknowledged by Caesar to have had the use of Letters . And though Caesar does observe that they were averse from consigning to Letters the Mysteries of their Religion , yet it does not follow that therefore they us'd them not , in preserving the memory of their Kings and memorable Actions . The one proceeded from a design to keep their Mysteries from being subjected to an examination , which they knew these Principles could not bear ; and to conciliate a veneration to their Religion from the ignorance of the Admirers , as Varaeus also confesses * . But without the other , Letters had been altogether useless : for in what could they have employed them , if not in this ? And since Caesar † is positive , that they us'd the Graecian Letters , in privatis publicisque rationibus , what can be meant by publicae rationes , save their Historical account of things ? And this seems the more probable , that many of our Towns and Ports especially , have Greek names . And to the Doctor 's difficulty how the Druids could have preserv'd their Chronology in these Ancient Times , I answer from Pliny , who tells , that they numbred time by the course of the Moon , and not of the Sun * : which proves , that very anciently they used Chronology . Nor does it follow , that because some of the Druids are said to have oppos'd the conversion of their People to Christianity , therefore others of them were not zealous for their conversion : even as though the Ancient Philosophers were generally severe Opposers of the settlement of Christianity , yet many of them , when converted , were eminent Lights in their time . And therefore I may conclude , that since it is very probable , that our Predecessours would be curious to preserve the Names of their first Kings , and the way of their first settlement : and since they had Letters wherein these might have been preserved : therefore it is probable that they were accordingly preserved . And that these Traditions and Records , as well as the Histories of Private Families relating these were consigned to the custody of the Monasteries with us , as elsewhere . So that since four or five Worthy Historians declare , They saw these each a-part , their Testimonies concurring in a probable matter of fact must be as sufficient , as if the Warrants were yet extant ; for since these would prove and satisfy in a Legal Trial , much more ought they to be allowed in an Historical one , quod erat probandum . CHAP. IV. Our Authours vindicated in the accounts they give of the Genealogy of our Kings . THE Doctor being convinced from these undeniable Proofs , that neither Fordon , nor Boethius did forge the ancient Genealogy of our Kings , which the Bishop of St. Asaph did positively assert , but that they had Warrants and Authorities before their times ; He falls upon a new device , and contends that Boethius did insert many things contrary to the account of the Genealogy preceding him . For as to the particular Genealogy from Fergus the First to Fergus the Second , he hath no account of this from Fordon , who hath ( as the Doctor says ) professed , that he could find nothing particular concerning them ; though he cites several Chronicles ; and though Fordon mentions an old High Land Gentleman , a Genealogist , who gives an account of the first Line betwixt the two Ferguses ; yet the Genealogy by him given differs from that , which is owned by Boeth and Buchanan , both in the number , and in the names of our Kings . And this is alledged to have been done of purpose , to put in Regents not owned by the Genealogists , and to support the Law of incapacity , and that he might get mention made of Reutha , Galdus , Caratacus and Donald . And the Genealogist thus having extended the first Line , doth as much shorten the second Line , betwixt Fergus the Second and Alexander the Third ; whereof the Doctor endeavours to give particular Instances . So that the Modern Historians had added more Kings in the Race from Fergus the Second to Alexander the Third , than are contained in the Genealogy betwixt Fergus the First and Fergus the Second . And , upon the matter , the Genealogist hath made no more Kings in both Races , than the Historians make in the last Race from Fergus the Second . And therefore the Doctor is as culpable in shortning the Royal Line , as the Bishop of St. Asaph . He adds also , that Fordon mentions another Genealogy of St. David , made at the time of his death , which ought not to be attributed to Baldredus , but to Cardinal Walter Wardlaw , which exactly agrees with that of the Highlander , except in the spelling of some few names , from Fergus the second upwards , to Fergus the first . But the latter part of the Genealogy from St. David to Fergus the second , being corrupted before Fordon's time , he would not have it stand in Record against his History , but cut it off with an &c. from David to Fergus ; which Caution he forgot , when he did specially insert the Highlander's Genealogy from Alexander the third , to Fergus the second . This is the meaning , as near as I can understand , of the Doctor 's words , being in themselves somewhat perplexed . But the Doctor takes notice of a third Genealogy in Fordon , which supplies , in some measure , the defects of that of King David , and it is the Succession of Kenneth , the first Monarch of Scotland ; and there he takes notice of the difference betwixt the Genealogy and our Historians . For he acknowledgeth that he doth agree with the Highland Genealogy , except that it hath Dongare the Son of Donald Braick , which the Highlander doth omit , and makes onely ten Kings betwixt Fergus and Kenneth , whereas our Historians make twenty eight . In Answer to this objection , I shall follow the method of the Highland Genealogist , which proceeds ascending from Alexander the third , and the Nature of the objection it self , which insists most upon the difference in the Genealogist from our Historians as to the second Line , there being no objection made as to the first , except as to some small difference in the names ; and the onely considerable difference is betwixt Finnanus and Caratacus , which will easily be cleared in answer to the objection against the second Line . And though the Race and Line be the same with Fergus downwards ; yet with the Doctor we shall make an Imaginary distinction of first and second Race : And first ; as I applaud the Doctor , who hath better thoughts of Fordon ( than the Bishop had , who asserted him to have dreamed the History of our Kings ) that he was so cautious , as not to set down the accounts that were imparted to him otherwise than in his sleep , because he could not give a full account of them ; so I must likewise vindicate Boeth , who in his History hath neither differed from , nor contradicted Fordon , nor any other of these mentioned Genealogies . For as to Fordon , though he gives not a particular account of the Names , times and Actions of all the Kings betwixt the Ferguses , yet he doth not profess , that he could find nothing in particular concerning them , as appears by the words cited by the Doctor himself ; Sed & horum Sigillatim distinguere tempora principatuum ad praesens omittimus , nam ad plenum scripta non reperimus . For here he tells the full number of our Kings , and five more , which may be true by taking in of Fergus's Father and Grand-father , and some other three Collaterals omitted by other Historians ; and that they reigned in the Isle , and not in Ireland . Onely he forbears at present to distinguish the time of their Reigns , not having then gotten a full account of them , which he seems thereby to insinuate he expected before he finished his Book , wherein he was prevented by death . But as he left Materials for the last and great part of his Book , so he might have increased the first part of his Book in distinguishing these particular Reigns . But it is likely , these Authours he cites , viz. Legenda Brendani , Congalli , Grossum caput , and the several Chronica , had nothing concerning these Kings ; or that Fordon himself had found nothing particular concerning them , when he knew so well their Genealogy , both upon the occasion of the death of St. David , and the Coronation of King Alexander ? And as he gives the account of the most considerable Persons , as Fergus , Reuther , Eugenius ; so he distinguisheth their times , and tells how long the whole Kings reigned , and gives Disticks containing the Periods of their Reigns : Albion in terris Rex primus germine Scotus Illorum turmis rubri tulit arma Leonis Fergusius fulvo Ferchard rugientis in arvo , Christum trecentis tricenis praefuit annis . And in the place cited by the Doctor , he asserts , that the forty five Kings were ejusdem generis & gentis , and Fergus's return is set down : Ad natale solum properat relevare jacentes , Rex fessos regni cespite sospes adit : Intrepidus propria pandens vexilla Leonis , Terruit occursu quem fera nulla ferox . Ocyus advenit , fuerat quae turbine diro Subdita plebs X quater & tribus haec Congaudens patrio [ Regi servire , parata Ad libertatem quicquid in orbe volat . And again , Fergusius universas Regni regiones , cis citraque vadum Scoticum à patribus ab antiquo possessas , de muro lapideo , viz. & Inchgaell ad Insulas Orcadas sub sua composuit ditione . Doth the Doctor think , that this was to profess , that he could find nothing concerning them ? and that after him , Boeth could make no distinct and particular account of that Succession , unless he feigned them for some partial end ? But to come to the Highland Genealogist , there is no difference betwixt him and our Historians : for though his number be fewer than that in our Records and Histories , yet the reason is , because our Historians mention all that did Reign , whether by Right or by Usurpation , or whether in the Direct or Collateral Line ; the Genealogist doth ascend from Alexander the Third from Son to Father in the direct Line , considering that Line onely , whereof that King was descended , amongst whom some were never Kings . The Genealogist begins , Alexander the Son of Alexander , the Son of William , the Son of Henry , the Son of David . Here the Doctor objects , that Malcolm the Fourth the Maiden mentioned by our Historians , is omitted , and Henry placed for him . But this was very reasonable : for St. David had onely one Son Henry Earl of Northumberland , who died before his Father : and so was never King , but left three Sons ; Malcolm the fourth , who succeeded his Grand-father , and was called Maiden ; he never married , and he had for his Successour William his second Brother , Grand-father to King Alexander , in whom also the Race of that Brother failed . And then from David Earl of Huntingtoun , the third Brother by the Families of Bruce and Stuart , the Royal Race is continued in a direct Line till King Iames the Seventh , who now Reigns . So then , if the Genealogist had said , that William was Son to his Brother Malcolm the Maiden , and not Son to Henry his Father , instead of agreeing with our Histories , he had both contradicted them and common Sense and Reason . The Doctor next complains , that betwixt Malcolm , Canmore and St. David four of our Kings are omitted , and , we say , very justly for the same Reason : for Donald the Seventh was Malcolm's Brother , and Duncan his Bastard Son , none of whom had right to Reign . And though Malcolm had two elder Sons , Edgar and Alexander the First , who did successively Reign , yet they having no Children of their own , the Succession did devolve upon St. David the youngest Son. The third Objection is , that betwixt Duncan , and Malcolm Canmore the Historians put Machaboeus , whom the Genealogist omits , and very reasonably : for he was a Collateral by Dovada Second Daughter to Malcolm the Second , and usurped the Succession before Malcolm Canmore , who was Son of Duncan . and was great Grand-child to Malcolm the Second by his eldest Daughter Beatrix , whom the Genealogist inserts , though she was never a Queen , because by her the Succession was continued . The Doctor 's fourth and main Objection is , that betwixt Malcolm the Second , and Kenneth the Son of Alpin , the Genealogist inserts none , whereas our Historians insert thirteen ; viz. Donald the Fifth , Constantine Second , Ethus Sirnamed Alipes , Gregory the Great , Donald the Sixth , Constantine the Third . Malcolm the First , Indulphus , Duffus , Culenus , Kenneth the Third , Constantine the Fourth , Grimus . Here indeed I acknowledge the Doctor hath discovered an Errour ; but I think it must be of the Writer , or at worst in the Highland Genealogist his Memory or Expressions . And it is very happy , that it hath fallen out in this place , otherwise Fordon as well as Boeth might be suspected of partiality , or that they inserted these Kings to serve their own ends : For even the Doctor 's worthy Antiquaries Ubbo Emmius and Boxhornius , who have deserved so well of him , because they are most injuriously extravagant ; as to the Antiquity of our Kings , do admit the truth of this Genealogy , after Kenneth who subdued the Picts . There are four indeed here omitted in the direct Line ; Constantine the second Son to Kenneth the Second , Donald the Sixth , Malcolm the First , Kenneth the Third , Malcolm the Second's Father : Besides nine Collateral , viz. Donald the fifth Brother to Kenneth the Second , Ethus Alipes , Constantine the Second's Brother , Gregory Son to Dongallus , Constantine the Third Son to Ethus , Indulphus Constantine the Third his Son , Duffus , Malcolm the First his eldest Son , Culenus , Indulphus his Son , Constantine the Fourth Culenus his Son , and Grimus , Duffus his Son , who were all Collateral to Malcolm the Second . I shall give a very probable account of the mistake of the Genealogist in this place . We see that it is twice Kenneth and Malcolm ; Kenneth the Second and Malcolm the First , and Kenneth the Third , who was Father to Malcolm the Second . The Transcriber hath thought , he had transcribed the First Kenneth and Malcolm , and Constantine , and Donald that were betwixt them , and so hath omitted them , and proceeded to Kenneth the Third , who was Father to Malcolm the Second . As in reading or writing , if two Lines begin with one word , the Reader or Writer ordinarily omitteth one of the Lines by mistake . And as this was no design in Fordon , so it could not be ignorance : for he describes particularly all those omitted Kings , and there is also a particular Genealogy of them subjoyn'd to the end of Fordon's Book in the Genealogy of King Iames the Second . And if any man make a History of persons , and draw out a Summary of their Genealogy , if there be any difference , the Summary must be regulated by the History , and not the History by the Summary . The Doctor 's fifth Objection is , that betwixt Alpin and Achaius the Historians put Convallus and Dongallus ; and very reasonably , because Convallus was Fergus's third Son , and Dongallus was Solvathius's Son , and so Collateral , to shew the exactness of our Historians , as well in the Collateral , as in the direct Line . The degree of Proximity of every Person is proved by our Historians from Kenneth the Second till Fergus the Second . The next Objection is , the difference betwixt the Genealogist and our Historians , from King Othabin Son of Aydan , whom Fordon calls Ethodius bind , and our Historians , Eugenius ( a Grand difference indeed ) and Achaius the Second Son of Etfin , who was Son of Eugenius the Seventh , who was Son of Findan who was never King , Son of Eugenius the Fifth , Son of Dongard never King , second Son to Donald Braik , second Son to Eugenius bin : For here there is both difference of Kings , and many omitted . It is true , that here there is the like Errour committed in transcribing with the former : for the Genealogist , betwixt Eugenius the Seventh , ( whom he calls Ethac ) and Donald Braik , he omits Dongard , Eugenius the Fifth ; and Fordon's Genealogy of Kenneth the Great , to Fergus the Second , mentions Dongard , but omits Eugenius and Findan . Which errour of the Writer seems to have proceeded , because there are two of the name of Eugenius so near together , that he thought , when he wrote Eugenius , he had written all that had preceded Eugenius the Seventh , and did the more easily forget Dongard and Findan , because they were not so well known , as never having been Kings . But the mistake cannot be interpreted to be a design , seeing there is no advantage in it , and it is in omitting and not in adding any that never were of the right Line , and falls happily out , where our Antiquity is not questioned by any but by Ubbo Emmius , and Boxhornius . For even Iocelin and St. Asaph do acknowledge the Scots to have been setled under Aydan mentioned by Beda , as the Father of this Ethodius bind . And the Doctor himself does settle this Scepticism concerning the Original of the Settlement of the Scots in Britain under Aydan , in the beginning of the Seventh Century ; but is uncertain , if , or how much longer before that time . And it could not be ignorance in Fordon , who describes all the particular Reigns of these Kings . And in the opinion of Boeth , Findan is not omitted ; for he makes Eugenius the Seventh not to be Grand-child to Eugenius the Fifth by Findan , but immediately Son to Eugenius the Fifth . The rest of these intervening Kings were Collaterals , viz. Ferchard the Second Son of Ferchard the First , Malduine eldest Son to Donald Braik , Eugenius the Sixth Ferchard's second Son , Amberkelethus Findan's eldest Son , Murdach his Son , Eugenius the Eighth and Solvathius , these four lineally descending from one another in the Collateral Line ; Fergus the Third eldest Son of Etfin and elder Brother to Achaius , Ethas , or Ethachi , or whether Etfin or Ethafind . But I cannot remark , that the Genealogist calls Ethafind Son to Ethdre , but he calls him Son to Ethachi ; or that the Genealogist calls Eugenius Ethac . Indeed the Genealogist calls him Ethachi , whom Fordon in the Genealogy of Kenneth calls Eugenius . But these are idle remarks . His Objection betwixt Fergus the Second and Eugenius the Fourth is , that the Genealogist makes Dongall to succeed Fergus , and , leaves out Eugenius the Second ; very reasonable indeed , because Eugenius the Second though eldest Son , had no Succession , and to Dongard Cobren succeeds , and to him Aydan the Father of Eugenius . And there are left out from amongst our Kings mentioned by our Historians Constantine the First , whom the Doctor calls Constantius , because he was Dongard's younger Brother , and Congallus Dongard's eldest Son , because he did not continue the Line , his Line being extinct after the Death of Eugenius the Third , Convallus and Kinnatell his three Sons , and Kenneth the first Son to Convallus his Grand-child . But the Doctor makes no mention of Kenneth , but in place of him saith , that Conranus is omitted by the Genealogist , as if Conranus and Cobrenus might not pass for one . Against the first Race , his Objections are much lighter , and so I shall not be so special in giving Answer . His noticing the difference of names is very pretty , betwixt Arnidal and Dornadill , Rowen and Rether , not Nothatus , as the Doctor mistakes ( for Nothatus being Dornadill's Brother a Collateral , he is left by the Genealogist as such ) and Rutha for Reuda , and Ther for Thereus , and Rosine for Iosin , and Corbre for Corbred , and Daradiamore for Dardanus , and that Corbre's Sirname of Galdus was forgot ; and Luthach for Lugtacus , and Mogalama for Mogallus , and Coner for Conarus , Ethach for Ethodius , and Fiachrach for Satrahell , and Athirkin for Athirco , Findachar for Findochus , Thrinkline for Crathilinthus , Fencormach for Fincormachus , Romaich for Romachus , and Enegussa , which the Doctor acknowledgeth is plainly Angusianus , though it be not so plain as many others of the rest he Quarrels , Fethelmech for Fethelmachus , and Engusafich and Etheat for Eugenius and Ethodius , Erthus for Eirch . And so to have named this Objection is to refute it , being the difference onely betwixt a Latine Termination and a Vulgar , betwixt a Highland and a Lowland . And if he will take the pains to compare , how these same Names are written in Fordon , and how in Major , he will find the like difference . And if he will not rest satisfied , he is referred to Flahertie in his Preface for a fuller Answer . But Feritharis and King Donald , the first Christian King , and Nathalocus , and other two Donalds are excluded by this ancient Genealogists ; and very reasonably , because Feritharis was Brother to King Fergus the First ; and Donald , because he was Brother to Satrael . Nathalocus was an Usurper , concerning whose Contingency of bloud , our Historians generally make no mention ; all the Collaterals proved by Boeth * , Buchanan † and Lesly ‖ . And the Doctor himself in his Preface acknowledgeth , that Nathalocus and Donald were Usurpers , and so could not be mentioned in the Genealogy of the right Line ; Donald the Third called of the Isles , an Usurper , and Donald the Second Brother to Findoch . And what though the Genealogist by mistake hath called Rosin the Son of Ther , when he was his Brother ? and Ethodius the Son of Eugenius , when he was his Brother ? If the Genealogist had mentioned all our Kings that did Reign , and had called the next always Son to the former King , he had committed this Errour oftner . And it hath not been Fordon's ignorance : for he tells that Ethodius was Brother to Eugenius . But the Doctor says , After this you find a greater difference : for instead of Finnanus , Durstus , Evenus , Gillus , Evenus the Second , Ederus , Evenus the Third , Metellanus , Caratacus , we find there onely Dethach , Iau , Aljelah , Even , Ederskeoli , Comermore . It seems , the Doctor hath taken this at second hand ; for if he had looked either the Genealogy of King Alexander or King David , he would have found Fin , which is the same with Finnanus . But the Doctor might have known , that such a small difference in names and numbers doth not overthrow the verity of a Genealogy from his Friend Flahertie in his Epistle to Io. Linceus , who takes the name of Lucius Gratianus in Cambr. evers . as in the Genealogy of the Scripture Cainan is interposed betwixt Arphaxad and Sala , who tells , that such like Errours may proceed from one Person 's having two names , or by taking a Brother for a Father , or the like mistake of the Writer ; where the Line may be a little lengthned or shortned , the Tract of it remaining the same . But here , besides the difference of Highland and Lowland Language , wherein Alexander is called Alaster , and Archibald Gillespie , Gillus was a Bastard Usurper , and Evenus a Collateral to Durstus , as appears by our Historians Boeth , Buchanan and Lesly . As to the Genealogy of St. David , it is subjoyn'd immediately to Baldredus his Lamentation about him ; and , whether it be his , or Cardinal Wardlaw's , it furnisheth still another ancient and more credible Authour , a Cardinal . But perhaps he was not Cardinal , when he told Fordon the Genealogy , but thereafter , and the Transcriber of the Scotichronicon hath given him his most honourable Name . And though he died in Robert the First of the Stuart's time , yet he was Archidiaconus of Lothian , and Secretary to King David the Bruce , as appears by the * Scotichronicon . And Fordon saith of the account from him , Dudum acceperat , and prefixeth a Preface , in which he asserts , that St. David was descended from a Glorious and ancient Race of Kings , who had preserv'd their Kingdom free from Slavery longer than any other Race of Kings had done , and had resisted or expelled all such Enemies as had invaded them . Post Britones , Dacos , Pictos , Anglósque repulsos , Viriliter Scoti jus tenuere suum ; Et Romanorum spreverunt vim validorum , Exemplo quorum pensarunt praeterit rum Inclyta Scotorum proles laudem genitorum . This doth not agree with the Doctor 's Origin of us after the Saxons , and our dependence upon them . This Wardlaw Bishop of Glasgow is design'd in Scotichronicon Cardinal of Scotland and Ireland , and the account and Verses appear to be far ancienter , than either Wardlaw or Fordon , otherwise Fordon had hardly ever cited the Relation of one Contemporary with himself , and of one who was perhaps a younger man. And as to the Pretence , that the passing from the first Line before Fergus the Second will cut off the Pretence of establishing the Regents , and incapacitating the Sons of Kings being Minors , This appears evidently to be false . For long after Fergus the Second's time , the Collaterals did certainly succeed , till that evil Custome was abrogated by Kenneth the Third , about 700 years agoe . And albeit many Murthers and Encroachments were committed upon these Kings of the first Race , their times being more barbarous , what is that to the purpose ? Were they therefore never in being , or not Kings ? Doth not Flahertie tell us , that of the first hundred thirty six Kings of Ireland ; Centum ferrum sustulit , septemdecim naturae concesserunt , sex pestis absumpsit ; tres fulmine percussi , & decem diversis aliis modis , singuli vivis excesserunt ? Were there not Murthers and Usurpations in our second Race , and hath not the like been every where ? And doth not the Doctor remember of Richard the Third of England , who murthered Edward the Fifth and his Brother , who were his own Nephews , and usurped the Crown ? And the inserting these , to lengthen the Line in favour of Regents had been ridiculous : for by a clear Law these were cut off in Kenneth the Third's time ; and so our Historians needed not the help of forged Genealogies in this . So that I can see no Design nor Politick in Fordon nor Boeth , in this number and account they give of our Kings , nor that they have differed from the Genealogist , nor that the Highland Genealogist hath shortned the Royal Line , as the Bishop of St. Asaph hath done . And the Doctor ought to have remembred , that I did undertake onely to maintain the Antiquity of our Royal Line at the least ; to refute the Bishop of St. Asaph's Hypothesis , of a Settlement in the Year 503 , and not to vindicate every passage and part of our History which cannot be done , as to any profane History . By all which I may conclude most convincingly , that these three accounts given of the Genealogies of our Kings are so far from Contradicting our History , that they agree with it , and being inserted in three several Genealogies , prior to Fordon , and being exprest by them upon very solemn occasions they do fortifie much the truth of the Genealogy of the Royal Line , and that Fordon did not dream the same , but inserted these Genealogies in his History from good Authours and by good Authority . The Reader may for his better understanding the Answers formerly made , take a general view of this complex matter , as sum'd up in these short Positions . I. That the Highland Gentleman was obliged to ascend from Son to Father , as all Genealogies do ; and consequently he was obliged to name some who were not Kings , because they were Fathers to Kings . II. He was obliged to omit Collaterals , because , though they were Kings , yet they were not such as were comprehended within the Gradation from Son to Father , whereas our History rightly sets down those who succeeded as Brothers , as well as Sons . III. In this Genealogy some are omitted , as Bastards , and other Usurpers ; and so should not have been insert in a Genealogy to be repeated before the King , though they were likewise expressed in our Histories , they having Reigned de facto , though not de jure . IV. The greatest doubt , that is made by the Doctor himself , as to our Kings , is since Fergus the Second , after which , the Irish and others acknowledge our Historical Genealogy ; or after Kenneth the Second , since which time even Ubbo Emmius does assert the truth of our History . And so any difference betwixt our History and Genealogy must arise from the mistake of the Genealogist's memory , or the Transcriber's negligence ; and I have condescended upon a probable Ground of mistake . V. Most of the Difficulties arise from the difference of Names of the same Persons , which is very ordinary in all Genealogies . VI. There could be no Design in our Historians inserting any to favour the Right of Regents : for the Succession of Regents was condemn'd by a positive Law , before some of these controverted Kings did succeed . VII . It is not imaginable , that our Historians would insert in their Histories contradictory Genealogies : for that were so palpable , that , though it could have escaped one Historian , yet it could not have escaped many . VIII . To illustrate farther the whole matter , I have subjoyned the Tree of Alexander the Third his Predecessours , both in the Direct and Collateral Line , whereby it doth evidently appear , that all his Predecessours mentioned by the Genealogist were in the direct Line , and that these Kings of whom the Genealogist made no mention , were onely Collaterals to King Alexander ; whose Genealogy was recited . And I have also farther continued this Genealogy in a direct Line from St. David by the Families of Bruce , and Stuart to King Iames the Seventh , who now Reigns . CHAP. V. The Irish Genealogy of our Kings compared with the accounts given by the Chronicle of Melross , and both compared with the Genealogies contained in our Histories ; with a full proof , that our Historians are to be preferred to the Irish Annals as to this point : Ogygia examin'd . I Having urg'd , that our Historians were to be believed in matters of fact , such as are the Genealogies of our Kings , they being many , and Men of Authority ; and having declared , that they extracted their Histories from Authentick Records , though now lost : And these matters of fact being probable in themselves , and adminiculated by the current of Foreign Histories and Authours , except our Adversaries should redargue them by Authours living in the time , or more credible , which were inconsistent with them . The Doctor did therefore urge the inconsistency of our Genealogies amongst themselves , which I have fully answered in the preceding Chapter , and their inconsistency with the Irish Annals , which he contends are to be preferred to ours , We being descended from the Irish , and they having more ancient Annals than ours ; which I am to answer in this Chapter . And , for the preference of our Histories in the point of Credibility , I adduce these following Arguments . 1. No History can be discredited , as uncertain and fabulous , upon the Testimony and Authority of another History , except that other History be acknowledg'd by both the Debaters ; but much less , where it is reprobated by him , who urges an Argument from it . But so it is , that Dr. Stilling fleet himself does treat the Irish Annals in Ridicule , as to the remote part of their Antiquity , in his Preface , page 33. and Chap. 5. p. 272. where he proves , that they had not sufficient Warrants before the Eleventh Century , which is long after the time , wherein both the Bishop of St. Asaph and he acknowledges that we were setled here . And consequently the Authority of their History is not sufficient to overturn the time of our settlement , as it is asserted by our Historians . 2. We desire to know , what Warrants the Irish had within six Generations of Iaphet ? Especially to warrant them , not onely to condescend upon particular actions , mentioned , and adminiculated by no other Histories , but even to be special in the coming of some from Ireland , just 40 days before the Floud . And that Partholanus , and others , arrived in Ireland , Anno 312. after the Floud , in the month of May , the 14th of the Moon , and upon Wednesday . And how the Doctor should urge this History against ours , as sufficient to overturn the credibility of ours , when he will not allow us to know so much , as when our Nation at first setled in Scotland , and who was our first King , about 2000 years after that time , when the Romans , who lived long in our Neighbourhood , in France , and fought long with us , are acknowledged to have had the use of Letters , and the way of calculating time : both which were absolutely unknown in the Ages mentioned in the Irish Annals . And either the Irish had the exact knowledge of Letters , and the calculation of time , when our first Colonies came over from them , or not : If they had them ; why not we likewise ? and so the Doctor does unjustly object to us , that our Histories are not to be believed , because we wanted both these . Or if the Irish had them not , our History cannot be overturned by the Authority of theirs . 3. It 's acknowledg'd by all the Irish , except Iocelin ; that we were at least setled here since the Year 503. and so since that time we must understand the History and descent of our own Kings better than any other Nation can doe ; nor should any man debate with these that deny this principle . But so it is , that since that time , the Irish accompt of the descent of our Kings differs extremely from ours ; for they will have Loarn to have been our first King , and elder Brother to Fergus , whereas our Story makes no mention at all of any such King , but makes Fergus the Second the Restorer of our Monarchy . And their Catalogue calls him Fergusius Magnus , a title never given to him who founds , but to him who augments the Monarchy . And how can any man imagine , that a Nation would have forgot who was the Founder of their Monarchy , and being so late , and yet have remembred his Brothers , and all the rest of the Line ; especially since Loarn is said to have reign'd ten years , as Offlahartie says . We make Eugenius the Second to have succeeded to this King Fergus , but they make Domangardus to have succeeded to him . They make Congallus to have succeeded to Domangardus , but we make Constantine the First to have succeeded to Dongardus , whom I conceive they make Domangardus . To our Corranus , whom he calls Gouranus , did succeed Eugenius the Third ; but he makes Conallus to have succeeded to him . To Congallus succeeded truly Kenatellus , but he makes Aydanus to have succeeded to him . To Aydanus succeeded Keneth the First , but he makes Achaius the First to have succeeded to him . The differences after him , will best appear in these Columns , which may likewise be observed from the beginning of this period . The Genealogy as in our Histories from Fergus II. to Murdoch . The Genealogy as in the Irish from Loarn to Murdoch . Fergus II. Loarn eldest Son , and Eugenius II. eldest Son , Fergusius Magnus second Son to Erik , Dongardus the second Son of Fergus the Second . Domangardus Son to Fergusius . Constantine I. third Son , all three Sons of Fergus II. Congallus Domangardus ' s Son. Congallus I. Dongard ' s Son , Gauranus Congallus ' s Brother . Goranus Dongard ' s Son. Conallus Congall ' s Son. Eugenius III. Congallus ' s Son. Aidanus Gauran ' s Son. Congallus II. Congallus ' s Son. Acbaius I. Aydan ' s Son. Kinnatellus Congallus ' s Son. Conadius Achaius ' s Son. Aidanus Goranus ' s Son. Ferqhardus I. Conadius ' s Son. Kennethus I. Convallus ' s Son. Danaldus I. Brother to Ferqhard . Eugenius IV. Aidanus ' s Son. Conallus II. Achaius ' s Son. Ferchardus I. Eugenius ' s Son. Dungallius I. Donald Brec ' s Son. Donald IV. Eugenius ' s 2d . Son. Donaldus II. Conallus ' s Son. Ferchard II. Ferchard ' s Son. Malduinus Conallus ' s Son. Malduinus Donald ' s Grandchild by Dongard no King. Ferqhardus II. Eugenius V. Donald ' s Son. Achaius II. Grandchild of Donald I. by his Son Dongard . Eugenius VI. Ferchard ' s Son. Amberkelethus Son of Ferqhard II. Amberkelethus Findan ' s Son , who was Son to Eugenius . Selvathus Brother to Amberkelethus . Eugenius VII . Brother to Amberkelethus . Achaius III. Son of Achaius II. And then Murdachus Amberkelethus ' s Son. Muridachus Son of Amberkelethus . So that , comparing . Flahertie's account with ours , we shall find them to differ in names , the times of their Reign , and Degrees of their Consanguinity , the Irish omitting some who did Reign , and inserting others who never Reign'd , or at least , who Reign'd not near these times , in which they are placed . My fourth Argument shall be , That after the Year 503 we are acknowledged to be setled , and to have had a distinct Kingdom from Ireland , and to have had the learned Monastery of Icolmkill , from which Swarms of learned Men were sent to all places ; But especially to the Saxons in Lindesfarne , to whom Aidan , Finan and Colman were sent Bishops , as St. Asaph and Flahertie acknowledge . And therefore it cannot be denied , but that our Histories must be much better believed , than either the Irish Annals , or the Chronicle of Melross , though they agreed in what they differed from our Histories ; But much more , when they contradict one another ; especially when their differences are very considerable . And since the Chronicle of Melross is judged so Authentick by the Bishop and the Doctor ; it must be concluded , that , when that Chronicle differs very much from the Irish , and comes near to ours , ours must be preferred to the Irish in point of Credibility . But so it is that all this will appear by comparing the three , in so far as concerns the Genealogies of our Kings , from Murdachus , to Kenneth the Second . By our Histories and Genealogies , Murdachus was Son to Amberkellethus , and began to Reign Anno Christi 715 , whereas by the Chronicle of Mailross he is made the Son of Ewam as he was indeed Successour to Ewam , or Eugenius his Uncle , though not his Son , and he is called Murizant , and he is said there to begin his Reign Anno 741. But by the Irish Catalogue of the Scotish Kings in Ogygia , his Reign is said to begin Anno 733. By our History , Etfinus , Son to Eugenius , begun his Reign Anno 730. By the Chronicle , Ewen , Son to Murizant , Anno 744. By the Catalogue , Dongallus Son of Selvachus , is said to succeed his Cousin German Murdachus , Anno 736. Whereas Dongallus did not succeed till the Year 824. Nor did Solvathius succeed till the Year 767. To Etfin succeeded Eugenius , who began to Reign Anno 761. according to our History . By the Chronicle , Hedobbus , the Son of Ewen , succeeded to Ewen , Anno 747. By the Catalogue Achaius the Fourth succeeded to Dongall , Anno 743 , and Offlahartie the Authour of the Catalogue subjoyns to this King an observation , that in divers Copies of this Poem or Catalogue . Selvachus , Achaius the Third , Achaius the Fourth , and Achaius the Fifth , and Gregory are wanting ; which shews , of how small Authority this Poem or Catalogue should be : for Achaius and Gregory are two of the most considerable , and uncontroverted of all our Kings in these Periods . For Achaius did make the League with Charlemain , and is mentioned in many Histories beside ours . And Gregory lived after the time of Kenneth the Second , and is Sirnamed the Great , because of the Victory over the Britains , Irish and Saxons , and this is acknowledged , and is cited as such in the famous debate betwixt us and the English before the Pope . Selvachus also is acknowledged by the Chronicle of Mailross . But the secret and true Reason of this suggestion is , that he might obviate the objection from the difference of the number , and suppress Achaius , because they will have the League not to be made with him , but with the Irish ; and Gregory , because he invaded Ireland . O! How witty are these Contrivances ? To Eugenius succeeded Fergus the Third , who began his reign Anno 764. By the Chronicle to Hed succeeded Fergus his Son , Anno 777. By the Catalogue , Aidus fin the First , corrupted Ethfinn , succeeded to Achaius the Fourth his Father , Anno 748. whereas truly Achaius was not Father to Etfin ; but Etfin was Father to Achaius . According to the Catalogue there are nine Kings without any special Chronology from 778 to 838 ; viz. Our Kings from Fergus 3 to Kenneth 2 , are by our Histories . According to the Chronicle of Mailross . Donall III. Solvathius . Selvand . Conall III. Achaius . Eokall . Conall IV. Congallus . Dungall . Constantine I. Dongallus . Alpine the Son of Eokall , which shews that Eokall was Achaius , and then Aeneas . Alpinus and then Kined Son to Alpin . Aidus II. Kenneth II.   Eugemanus Aeneas Son.     Achaius fifth Son of Aidus .     Alpine the Son of Achaius , and then Kenneth Alpine's Son.     Here are many Kings , of whom the Nation , where they are said to have Reigned in a very late and uncontroverted time , know nothing , and in which the Irish not onely differ from us , but also from the Chronicle of Mailross , which seems to have been written by some English Borderers , who though they have somewhat carelesly observed what was doing among us ; yet because of their Neighbourhood and Commerce , have understood the same better than the Irish. It 's likewise observable , that by Collationing that Period of the Genealogy of our Kings , from Fergus 2 to Malcolm 3 ; the Irish Catalogue in Ogygia , allows from the 503 to the 1057 , being 554 years for 51 Kings which is very short , whereas we allow from the 404 to 1057 , being 653 years for 46 Kings , which is far more probable in it self , and more agreeable to the Doctor 's observation , who allows twenty five years to a Generation , according to the most received opinion ; whereas this Calculation allows onely ten years , and about ten Months to every King , even in those ancient times when Men lived long . And whereas it is still objected against Hector Boethius , that he augmented the number of our Kings , by inserting Collaterals to support the Law of incapacity ; and to make the long account of time seem probable . It 's answered , that this objection is fully satisfied , both by the Authority of the Chronicle of Mailross , and this Irish Catalogue , which insert Collaterals , as well as those of the direct Line . And if all these Kings named by them had been in the direct Line , that great number of fifty two joyned with the Collaterals , had made the number of our Kings in that Period to have come near to an hundred , and thus each King to have had about six years allow'd him . I had not fully considered the Irish Genealogies when I insisted upon that Argument from Carbre Lifachair , and now I acknowledge that my own Argument from that Book was of no moment , and to shew my ingenuity I pass from it . But the reason why I said then , that there might be a hundred years allowed for a Man's Life , is because the Civil Law allows so much , and a Man is never presumed to be dead , till it is proved he lived an hundred years ; but I confess the Doctor 's Calculation from Censorinus , of what makes a Generation , holds ordinarily true ; and is to be preferred in the accounts of Genealogy . My fifth Argument against the Irish Genealogy is , That it differs not onely from ours and from that account in the Abbacy of Mailross , but from all the French Historians , and our ancient Records yet extant ; by which it is clear , that our King Achaius entred in League with the French King Charlemain : whereas the exact Offlahartie , makes onely this French League to have been entred into with Charles the Sixth in the Year 1380 , which fell in the time of King Robert the Second , and adds , that this League was made by Robert Stewart , Lord d'Aubigny , in which he confounds two known Stories , that he may contradict Wardaeus his Countreyman ; for it is indeed true , that the ancient League was renewed with King Robert the First of the Stewarts , Anno 1380 , the Original whereof is yet extant in our Records , and whereof the Copy is in Fordon : But this League was treated by Cardinal Wardlaw for us , and the Count d'Bryan for the French , and the same League was again renewed , Anno 1425 , by Iohn Lord Darnly Constable of France , for the French ; and Wardaeus makes this last Treaty to be the first that was made betwixt our Kings and the French : and Offlahartie , not to contradict him , has joyned the Persons who treated the one League , with the time wherein the other was treated . But that there was a League betwixt our Achaius and Charlmaigne , or at least long before the Year 1380 , is most uncontravertable for these Reasons : 1. The French Historians acknowledge that this League was betwixt Achaius and Charlemain ; and I have proved by Eguinard Secretary to the said Charlemain , that there was great Correspondence betwixt them ; and that he esteemed very much the King of Scotland . As also , I have proved from Italian Authours , that there were Families descended of our Scotland setled in Italy , who came over with William Brother to the said Achaius . 2. Not onely does Chambers of Ormond , who lived then in France , set down the Articles of that Treaty , and the several times it was renewed ; but Fordon * does expresly insert the League that was betwixt Robert the Second , first of the Stewarts , and the King of France . Wherein the King of France acknowledges even at that time , the old Confederacies and Leagues , à longo tempore , inter Praedecessores nostros Reges firmatae & connexae ; and the King of Scotland on the other part expresses , Confoederatio inter illustres Reges Franciae & avum nostrum , this was Robert the Bruce ; and adds , Et ab olim facta & diutius observata . And to instruct this part of Fordon's Story , as well as the League it self , we have the Original League with King Robert the First yet extant , and Iohn Baliol ( then pretended King of Scotland ) refused to joyn with Edward of England against Philip of France , because of the ancient League made by their Predecessours Charlemain and Achaius , Et usque nunc inconcusè servata . Whereupon a League is renewed and confirmed by a Marriage , the Tenour whereof is also extant in Fordon , who also sets down the Tenour of the Pope's Bull , prohibiting Alexander the Second , our King , to continue in his League with the King of France , but to joyn with the King of England ; and , as an effect of these Leagues , Marianus ( whom the Irish call their Countrey-man , albeit they also confess , that he called our Countrey Scotia ) mentions , that Anno 1070 , the Scots and French wasted the English : Which shews , that this Alliance was much elder , than either the 1425 , or the 1380 , as O Flahertie asserts : And therefore , that excellent Historian the Sieur Varillas relates , that Charles the Fifth's Governour did advise him not to expect , that the King of Scotland would enter into his Interests , because the Alliance of that Nation with the French had lasted seven hundred Years , without interruption , from King to King , before that time . And by these we may see , what a just Authour Ubbo Emmius is , who rejects our History for many years after this Alliance , and how judiciously he is produced by the Doctor . But , though the French could have been mistaken in all their Histories , yet it is not imaginable , that they would have bestowed great Privileges and Rewards upon us for Services done by the Irish ; and that the Families , who came over at that time , would not have own'd themselves to be descended from the Irish , and not from us . The Doctor , to induce his Readers to believe , that we are mistaken in the Genealogies of our own Kings , pretends that the true Reason of the mistake of the Scotish Antiquities was , that we finding , that there was a Fergus in the Irish Genealogy called Fortis or Fortamalius , who Reigned truly in 3775 , and that in the descent of that Fergus there was a Conar ; and from him Rieda called by the Irish Carbre Rieda , and by us Eoch and Ried ; and that there were several other Names in our Genealogies agreeing with the Genealogies of the Irish , as Eochoid , who was Father to Erk , and is acknowledged by both to be Father to Fergus the Second ; the Doctor from all this concludes , that the Original mistake lay in applying the Irish Genealogy to the Kings of Scotland , and that we either imagined , or would have others believe , that all the Kings mentioned before Fergus the Son of Erk were Kings in Scotland , and so went back by degrees , till we made up a formal Story of forty Kings . To this we Answer ; That it were a strange thing , that our Story , which we have so well prov'd , should be overturned by the Doctor 's mere Conjecture ; especially , seeing there is no Ground for such a Conjecture from any of these Steps on which the Doctor founds his Probability . No Authour , for ought we can see , concurs with the Doctor in this Conjecture , as to Fergus ; and O-Flahertie , who pretends that he understands the differences betwixt the Descents and the Reasons thereof , goes no higher than Conar the Second . And speaking twice of Fergusius Fortis , he makes not at all him to be the first Authour of our Race . 2. If we had not had a sure Warrant of the Settlement and Genealogy of our Kings , but had onely inserted the Kings of Ireland , as ours , from a vanity to be thought Ancient ; it is more probable by the same Reason , that we would have improved it to a Story of twice forty Kings backwards . And why should the Doctor make us to have sisted in Fergusius Fortis rather , than in Fergusius Rogius , or Fergusius Denti-niger , both Kings in Ireland before Fergus the Second ? 3. That there could be no Ground for our sisting in Fergusius fortis , is very clear : for he reign'd Anno Mundi 3775 , whereas our Fergus began to Reign Anno Mundi 3641 , and so we had lost 134 years of our Antiquity ; and we should rather have fixed upon Hugonius Magnus , who began to Reign 3619. and consequently agreed with the true time of our Settlement , and there had been a more probable Conjecture from what is said in Ogygia , in the Reign of Reactus immediate Predecessour to Hugonius , in whose time it 's said from the Manuscript of O-Duveganus , that one Ferc made a descent into Albania , and conquered it ; and this Ferc might have been more probably said to have been Ferqhard , and so to have made way for the Settlementof Fergus his Son as King here . The next step of this Conjecture is , that wherein O-Flahertie agrees with the Doctor , and O-Flahertie asserts , that all the Antiquaries of Scotland and Ireland agree , that our Kings are descended from Carbre Ried the Son of Conar the Second , who was King of Ireland . Which step is also ill founded . For 1. Though indeed we had a King called Conar ( as we had but one Conar ) yet here our Conar does not at all agree with the Irish Conar in time : For our Conar began to Reign in the Year of Christ 149 , whereas the Irish Conar the Second began to Reign Anno Christi 212. So that here we had lost 63 years again of our Antiquity . And the Conjecture from the Agreements in Names is very silly , we being Neighbours , and speaking one Language ; and Kings even in remoter Kingdoms use to give their Children , one another's Names 2. The other part of that Position , that we are all agreed , that our Kings are descended from Carbre Ried the Son of Conar , and that our Countrey is called Dalrieda from him , this is false : for we own our being called Dalreudini from King Reuda or Reutha , in which our Historians follow Beda's express words ; and Rieda and Reutha differ much in time , Reutha having in Beda's opinion setled here before Iulius Caesar ; whereas Carbre Rieda behov'd to be born long after that time , for his Father Conar Reigned onely 112 years after Christ. 3. We had no Carbres , who could be Sons to Conar the Second , for we had onely one Conar , and so no Conar the Second , and he was Posterior to both our Carbres ; for Carbredus Galdus Reign'd in Anno 76 , and Carbredus the Second reign'd in Anno 113 , and so long Prior to the Reign of Conar in 212. 4. As to the Pretence , that Eochoid Ried , or Etdach Ried is the same with Carbre Ried , and that our Genealogy had an Eochoid Ried Posterior to Conar ; this is Groundless : for both our Genealogies , and the Irish have both Eochoids and Carbres , as distinct Names , nor do the Names appear the same any manner of way . 5. Though it might be pretended , that our Countrey was call'd Dalrieda from a Countrey in Ireland , and not from Reutha ; yet non conslat , that it was so called from a Countrey call'd Dalrieda , and so from the Sirname of Ried ; but from Araidh King of Ireland , seeing the same , O-Flahertie gives an account of a King of Ulster called Fiachus Araidh , from whom also a Countrey in Ulster is call'd Dalaradia and Dalriadia , and the Inhabitants Dalaradii . And this King Araidh was also after Conar : For he began to reign Anno 240. And as it was more honourable to have a Countrey called after Reuda a Scotish King , than from Araidh , who was but a King of Ulster , and so one of the Kings of a Province in Ireland ; so it is yet more dishonourable , to have our glorious Monarch , who now Reigns , descended from Carbre Ried , who was but a Dynastie in this Provincial Kingdom of Ulster ; and so a Subject , each Provincial Kingdom having five Dynasties , as O-Flahertie tells us . And from all this I leave to my Readers to judge , whether Dr. Stillingfleet and his Authours doe the King greater Honour , in making him to be descended from a petty Subject ; or our Historians , who make him still to be descended from absolute Monarchs . I cannot here omit to laugh at good O-Flahertie for asserting , that our Kings , even till the 590 , were but Dynasties , Tributaries and Subjects to the Kings of Ireland , and that Aidanus got an Exemption from paying Tribute at the Parliament of Dromcheat ; where he appeared . And the Doctor does great Honour to our King in following such Authours , and rather to follow them , than the venerable Beda . The Bishop of St. Asaph has a different derivation of Dalrieda from all the former Authours : for he brought it from R● which signifies King in the Irish , and Eda the King's name ; so that Eda was a different King ( and Authour of this Appellation ) from Rheuda , Carbre Ried , Echoid Ried or Araidh . And are our Histories to be overturn'd by such irreconcilable Authours ? The fourth step of this Conjecture is , in the Agreement of our History with the Irish in the Persons of Eric , Eochoid , Mainreamhere , Oengus Fear , the Father , Grandfather and Great Grandfather of our Fergus the Second , though there be a difference in the rest of the Line , from Carbre to Fergus , our Historians making this Line to consist of thirteen Persons , and theirs of ten . But against this last Period it is represented , That the small Agreement in this step , as to the Names of Father and Grandfather of Fergus , with their residence in Ireland , the Grandfather having been expell'd from Scotland , and fled to Ireland , when King Eugenius was killed by the Romans under Maximus , gave a Rise to some unexact Irish Writers to imagine , that the return of this Fergus the Second from Ireland , after forty four years absence , was our first Settlement in Britain . But the want of three in this Period of thirteen in a direct Line does much over-balance the small Probability , that is urged against us from the Agreement in two Names , and some resemblance in other two , viz. in Carbre Ried , and Eochoid Ried , and Aenegusa Tich and Angus Fear . It is also very observable , that this Irish Genealogy allows 283 years to these ten , viz. from the death of Conar Carbre's Father ( who dyed Anno 220 , Arthur his Successour having begun his Reign that year ) to the Year 503 , wherein Laorn eldest Brother to our Fergus the Second ( as they say ) began his Reign ; and yet to fifty one Kings from that Laorn to Malcolm the Third , they allow onely 554 years . And from the reflexion it is also more probable , that there were thirteen in this Period , and that Conar began to reign in the Year 149 , and Fergus the Second in the Year 404 , as our Historians assert . To all these I add the irreconcilable differences amongst the Irish Authours , as to the first Founder of our Monarchy , and the time wherein it was founded ; as also the irreconcilable Consequences following thereupon , wherein our three great Adversaries Camden , Usher and Bishop of St. Asaph did so widely differ , as I have fully prov'd in my first Book , without any Answer ; and by which Contradictions Dr. Stillingfleet himself is so misted , that he cannot determine , whether we setled in the fourth , fifth , sixth or seventh Centuries , professing , that in matters of so great obscurity he could determine nothing . My last Argument to prove , that our Histories cannot be overturn'd by the Irish , shall be from comparing the Warrants of both . But , before I enter upon this , I must again regret in this Book , as I did in my last , that the Irish should mistake so far their own Interest , as to suffer or furnish theirs to overturn the Credibility of ours : Since , because we acknowledge our selves to have come last from Ireland , it were our common Interest to unite together , and to sustain one another's Antiquities , as their Authours did before Bishop Usher , who was of foreign Extraction . For , though they controverted some of our Saints and Monasteries , because of the common name Scoti , yet till then they never opposed our Antiquities , knowing that in so far as we prov'd our Antiquity by Roman and foreign Authors , which they had not the occasion to do , they in so far were proved to be ancient , which Stanihurst well observ'd , as I did remark , in my first Book . And upon seeing the use that is made of Authours against us , who are really for us ( as Beda and others ) we are apt to believe , that theirs are not , if we saw them ; and that the Irish rather omit our remote Antiquities , than contradict them . Nor would we have controverted the Authority of their Annals , though some of the English had produc'd them against us , if some of the Irish had not by ignorance or mistake concurr'd of late with them . We likewise desire them to consider , how our Adversaries , and particularly Dr. Stillingfleet railly their Antiquities and Authours Ketin , Wardoeus and O-Flahertie , and yet seem ( which is severe ) to allow their Antiquities , to the end they may encourage them to oppose us , laying still foundations in the mean time to overturn theirs also , when they have serv'd their turn , which I now proceed to discover . First , The Milesian Race is accounted by the Irish their Fourth Race ; and yet this is controverted by Dr. Stillingfleet . And the Authority and Learning of the Druids , upon which the Irish do chiefly found the Authority of their Histories , is absolutely denied ; as it also is , that the Irish had use of Letters , till after St. Patrick's time : and all the Antiquity he does allow them is , as to general things , as , from whence they were peopl'd , and that they had successions of Kings time out of mind ; and does magnify the Tygerneck Annals for confessing , that the Irish Antiquities , till the Reign of Kimbacius their 73d King , are very uncertain , and he liv'd within 59 years of our Fergus . And the Doctor adds , that he might have gone farther , and done no injury to Truth ; and at last brings down this Truth to Fergusius Fortamalius , who liv'd Anno Mundi 3775. which is 134 years after our Fergus ; whereas we necessarily conclude the Irish to have a much greater Antiquity : for there were many Descents made here from Ireland , to prepare the settlement of Fergus ; and Ireland lying in the neighbourhood of Britain and Spain , and describ'd by the Ancientest Geographers and other Writers , as inhabited , and without any mention of Conquest , it necessarily follows , that they must have been Aborigines there . And , by the same reason , they having been very ancient , and wanting Wars , must have eased themselves by Colonies ; And , this Countrey being within 13 Miles of them , our settlement must have been very ancient . And so the one does necessarily infer the other , and should not be made use of to contradict it ; and the English , who have conquer'd them , are interested to humble them , but we to maintain them . Albeit then it is our own Interest to support their Antiquities ; yet in as far as they are now produc'd to overturn what relates to our Countrey , they are not to be preferr'd to ours , as the Doctor asserts : for who would maintain , that the Accounts given by the Saxons , Celtae or Spaniards should be preferr'd to the British , or English , or Irish Histories for the times , after the Britains , English or Irish were acknowledg'd to be setled ? And as to the Irish Writers themselves , this Poem selected and preferr'd to all other Annals by O-Flahertie , as not onely containing an acknowledgment of our settlement , but a Genealogy of our Kings , we have prov'd , that it is not preferable to our Historians in point of Credibility . And besides all that I have said of it , I must add , that O-Flahertie * acknowledges , that there were several different Copies of it , and even this , which he follow'd , was not intire , some Distichs being wanting , else he doubted not to make an intire Catalogue . And even this , such as it is , is onely written in Malcolm Canmore's time , whom it mentions , who reign'd in the 1057 , of which lateness all the other Irish Annals allow'd by the Doctor are . The main ground insisted on by the Doctor for preferring the Irish in the point of Credibility to us is , that we neither had , nor could have so ancient Annals as they , our Monasteries being onely founded by St. David , and after him , and so ●osterior to their Annals . Which Argument is founded upon a false Supposition : for the Doctor himself acknowledges that the Psalter of Naran contains onely matters of Devotion , as the Irish Antiquaries cited by him confess . This is the eldest , and was written in the latter end of the Eighth Century . The next is the Psalter of Cashel , which he rejects as not well founded , and allows none as credible , but those which are written after the Year of Christ 1000. And it cannot be deny'd , but we might have had well-warranted Annals before that time ; which the Doctor denies . For first , We were then fully possess'd not onely of our own first part of Scotland , but even of the Pictish part of it , and also of the Northern ( now English ) Countries confirm'd to Malcolm the First ( by the English own acknowledgment ) who reign'd Anno Christi 943. And so we were Masters of Icolmkill , Abercorn , Abernethie , Mailross , Lindisfern , and other Monasteries , which lay within that great extent ; and which extent Dr. Stillingfleet acknowledges , since Severus's Wall is by him confess'd to be built betwixt Tine and Esk. We had also the number of our Bishopricks increased by the subduing of the Picts , as is not onely probable in it self , but is clear by the acknowledg'd Catalogues of Bishopricks in Fordon . Icolmkill is by Beda said to be founded about the 560. and to be the chief of all the Monasteries in Britain or Ireland . Abernethie was founded in Garnard's time , who was next Pictish King to Brudeus , in whose time Columba liv'd , and so about the 600. And Fordon relates , that this Monastery was founded 200 years before the Church of Dunkeld was founded . And here is not onely a Monastery mention'd , which might have had Annals higher than the Psalter of Naran , suppose it had created History ; but he cites the Chronicle of Abernethie , which the Doctor acknowledges to be an old Chronicle ; and Beda also acknowledges ; that there was such a Monastery as Abercorn . And though the Doctor cites Buchanan , saying , that it was so demolish'd , that no vestige of it did appear ; yet , the Pictish Kingdom being quite ruin'd , the Argument , that there was no such Monastery , is of no force : for the Records of many demolish'd Monasteries are preserv'd . And , though the Abbacy of Mailross was rebuilt by St. David ; yet , that it was a famous Monastery in Beda's time , is clear ( for he tells , that the Abbat of Mailross was translated to Lindisfern ) and has probably remained long demolish'd by the Wars , as Abercorn did ; and the Writers did thereby express the rebuilding as an original foundation . And the reason , why I said in my former Book , that this Abbacy was ( before it was rebuilt ) called Rivallis , was because I have seen in a Collection of Foundations made by our Lord Register Skeen a Copy of the Foundation of Mailross , wherein the Lands of Mailross and others are given to the Monks of Rivallis . But , whether Mailross or Rivallis are distinct or not , is not material to our point ; and , if they be distinct , it is more for our advantage , since by that Concession we have two Monasteries doted by St. David . It contributes much to the preference of our Histories beyond the Irish in point of Credibility , and to the establishment of the Credibility of our Histories against all our Adversaries , that in the Debate before the Pope at Rome , about the Year 1300. ( where the Roman Antiquities must certainly be best understood , and when the Debate was against the Learn'd English , who were very much concerned to contradict us ) we did own this our settlement before Iulius Caesar his entry into this Isle ; and that we as a setled Nation , and not as a vagrant company of Irishes , maintain'd that long series of Wars related by Beda and our own Historians . And in that Debate we assert justly , that the visible Ruines of the two Walls built by the Romans against us and the Picts are certain proofs of our Antiquity , and that we were the People who maintain'd the War. As also in a Letter from our Nobility to the Pope about the Year 1320. we again assert our Antiquity , and that Haec collegimus ex Antiquorum gestis & libris . And all this Debate and Letter being yet extant , these are surer Warrants for our Antiquity , than any thing that can be urg'd against us from the Irish Annals , the eldest whereof are in the Year 1100. written by Natives at home , without any contradiction or warrant , for ought we have yet seen . Nor has the Learn'd Dr. Stillingfleet answered the same Objection , when urged in my First Book , though with less force than it is now urg'd . Dr. Stillingfleet answers to all that is urg'd from the Antiquity of our Monasteries , That this proves onely , that we might have had , but not that we had sufficient Warrants , since we produce not the Annals of these Monasteries . To which my Answer is , that ( 1. ) This at least overturns his Position , that We neither had , nor could have sufficient Warrants for a greater Antiquity than the Irish. ( 2. ) The Irish produce no Warrants for their Annals , though much later than ours ; and , as we are equal in other things , so we are stronger in this . ( 3. ) We have formerly prov'd , as convincingly as can be in any such case , that we had such Annals in these our Monasteries , and that our Historians compil'd our Histories from them ; and that they were lost by the Invasions of the English , and by the demolishing of our Monasteries in an Age , wherein all their Records were thought Reliques of Popery . The Doctor 's own chief grounds for preference , in point of Credibility , are * Testimonies founded upon Ancient Credible Writers , having a concurrent probability of circumstances , and that amongst these Ancient Writers , consideration is to be had of their abilities , opportunities , care and diligence , according to which Rules , I have formerly produced many concurring Testimonies from Ancient Credible Authours , relating things credible , and probable : and now in competition with the Irish , as to the abilities , and opportunities of our Authours , and their care and diligence in collecting our Histories , I contend , we ought to be preferable ; because , beside the grounds above urg'd , I must remember my Readers , that the Doctor denies the Irish any opportunity of transmitting their Histories by Letters , till after St. Patrick's time . But so it is , that I have prov'd that Palladius's Mission was to the Scots in Britain , and the Doctor has acknowledg'd , that this Mission of Palladius was Prior to that of Saint Patrick : and which is higher , the Doctor acknowledges that the Unconquer'd Nations beyond the Roman Wall , were the Christians spoke of by Tertullian ; and I have prov'd that we were one of these Unconquered Nations . And therefore , since we had the use of Letters before the Irish , Letters being the surest Vehicles of History , and Christianity the chief Nursery of Letters , it follows necessarily from the Doctor 's own Rules , that our Histories are more credible than the Irish. And this Argument holds equally good , whether we our selves were the Unconquer'd Nations , when Christianity was first planted , or became Masters by conquest of these Christians here , who had the early use of Letters : even as the English , or Saxons , had good grounds of knowledge , from the Letters and Learning of the Britans , whom they conquer'd . The next is , that we had greater opportunity to know our own Histories , and greater reason to use care and diligence in writing them , than the Irish , who were Strangers . The third is , that the Irish having err'd so grossly in the last , and most uncontroverted part of our History , and in which they contradict the Foreign and Contemporary Historians of other Nations , it cannot be urg'd that their Credibility is of any moment , in the more ancient and darker part of our Antiquities , and History , wherein they differ from us . And lastly , our Historians have for their Abilities been very famous for many Ages , in Foreign Nations , and amongst the best Criticks ; whereas we have seen no Histories from Ireland till of late , and much later than ours . And though we are far from having any low esteem of the Irish Abilities , yet we conceive , that the Doctor should remember that by the suggestion of his Countrymen , Pope Adrian gives the Kingdom of Ireland to Henry the Second of England , ad declarandum indoctis , & rudibus populis Christianoe fidei veritatem , &c. whereupon they writ a Letter to Pope Iohn , wherein they complain , that they were severely and cruelly us'd as Beasts , and therefore desire that his Holiness would confirm the Election they had made of Edward , Brother to King Robert the Bruce , for their King. The Learn'd Bishop Usher was pleas'd , in partiality to his own Country , to assert that this his Majesty's Kingdom was never called Scotland , till 1000 years after Christ. But the Reverend Bishop of St. Asaph finding that this was not tenable ; he onely asserts , that after the Year 900. we got the rest of the Country , and then it onely came to be called Scotland . Both these Opinions I have endeavoured to refute in the Seventh Section of my Book , where I have clear'd all this matter in nine Positions , to all which the Doctor is pleased to answer nothing , save ( 1. ) That I have unwarrantably asserted that the Name of Scots , doth originally belong to the Scots in Britain , and onely by way of Communication to these in Ireland . But I beg his pardon , to tell him , that I have no such Position , though for confirming my Answers to these two Reverend Bishops in the former Debates , I did onely for farther clearing the matter , assert that the old name under which Ireland was known to the Greeks was Ierna , and to the Latines Hibernia , which I prov'd from Bishop Usher himself . ( 2. ) I asserted that before the Year 400. there was no Author that made mention of Scotia , or Scoti , but when they meant our Country , and Country-men : and this I have prov'd without any Answer . But in the ( 3. ) place , I positively say , pag. 143. of my First Book , that I was not concerned to debate the Antiquity of the names of Scotia , or Scoti , but onely when we first setled here . And therefore though our Historians do assert that the Irish were first called Scots , that contradicts not any of my Positions . For though very anciently the Irish might be called Scots , yet about the time that the Romans and others begun to write of the Scots , the Books now extant do onely apply these Names to us , and to our Country . And the Authour of Ogygia does himself acknowledge , that the Romans first invented the Name of Scotland : and if so , it was probably applicable to Us : for they had much commerce with us , but none with Ireland . Amongst the many Citations which I adduced for proving that Scotland was called Ireland , in Bede's time , one was from his Ecclesiastical History , wherein Bede relates , that Egfrid , King of Northumberland , having sent an Army into Ireland under Bertus , he wasted the Country , and the Innocent People : and the next year , having sent an Army to waste the Province of the Picts , contrary to the advice of his Friends , and of St. Cuthbert , God suffered that Army to be destroyed , because the former year he had rejected their advice , that he should not invade Scotland which did not wrong him . And to clear that the Scotia here exprest was not Ireland , he adds the English and Scots who abide in Britain . This Passage ( as well as the others , which I have cited , and shall cite ) proves ( 1. ) That Scotland then has been promiscuously called by the names of Hibernia , and Scotia : for the same thing is said first to have been done in Scotia , and then in Hibernia . And this answers the Objection , Hiberni revertuntur domum , and where could their home be but in Ireland ? ( 2. ) It proves that this our Country was called Scotia in Beda's time , and so long before the Year 1000. which the Bishop denies . Nor can it be prov'd that the King of Northumberland went to make war in Ireland , otherwise than from Offlahartie's late Book , which is not to be put in balance with Beda , who was disinterested , and liv'd in the very time . To which the Doctor answers , that by Scotland must be there meant Ireland , because the Nation which Egfrid invaded , had been always kind to the English ; which cannot be said of our Scotland . But to this it is replied , that I have prov'd in my Book , from the same Beda ( who must be the best Interpreter of his own words ) that the English at that time were very kindly entertained by the Scots , and furnished with all things necessary : which kindness proceeded from an Union in Religion , which in those happy , and pious days , was the foundation of all kindness : and thus I have answered the Doctor 's Argument , but he has not answered mine . But to prove that Scotland was called Ireland in those days , and that this place of Beda's is applicable to our Country , and not to Ireland ; I cite the English Polychronicon , who says many evidences we have that this Scotland is ofttimes called ( Heght ) Hibernia , as Ireland does : for which he cites many Proofs , and particularly this Passage in Beda . If it is a common Saw , that the Country which now is nam'd Scotland , is an outstretching of the North part of Britain . This Lond hete sometime Albania , and hath that name of Albanactus , afterwards the Lond hete Pictavia , for the Picts reigned therein 1070 Years : and at last hete Hibernia , as Ireland hyght . And thereafter it is said at the end of that Page , many Evidences we have out of this Scotland , that it is oft called and Hyte Hibernia , as Ireland has : and particularly amongst many Citations out of Beda , he cites Egfridus , King of Northumberland , destroyed Ireland , &c. which is the Passage controverted . This Polychronicon is cited by Fordon , and was Prior to him , for as Vossius tells us , it was written by Ranulphus Higden , who died , Anno Christi 1363. and was translated by Iohannes Trevisa , who continu'd it to the Year 1398. From which I draw these Conclusions . ( 1. ) That this Country was called Scotland before the Year 1000. which overthrows the Bishop of St. Asaph's Assertion . ( 2. ) That our Country was called Hibernia , which answers most of all our Adversaries Arguments . ( 3. ) That this place in Bede is to be ascrib'd to us , notwithstanding Dr. Stillingfleet's reason , and Offlahartie's History . For proving likewise that Scotland was called Hibernia , in Beda's time , and by him , I produced among many other Passages that very clear one , Where he says that Aidan was sent from the Isle which is called Hy , which is the chief of the Scotish and Pictish Monasteries , and belongs to Britan ; Et ad jus Britanniae pertinet : albeit , speaking of Hy , in other places , he says it is in Hibernia . To which the Doctor answers , Doth not Beda in the same place say , that the Island Hy was given by the Picts , and not by the Scots to the Scotish Monks that came from Ireland ? But what a Paralogism is this ? For it might have been given by the Picts , and yet have been within the Territories of the Scots : for these neighbouring Nations did seise oft-times Places belonging to one another . And the Picts being sensible , that they were not able to keep this Place which was so remote from their own Territories , they did therefore the more easily mortify it to a Monastery . Nor could it otherwise have belong'd to the Picts : for it was never pretended that the Pictish Dominions extended to our Western Isles , or that they did reach farther than Clyd : and Beda himself does march them so . And the Shire of Argyle , and many Isles such , as Bute , lie betwixt Clyd and Icolmkill , or Hy : and it was never question'd , but that these belong'd to Us , and were the Seat of Our Kings . And Usher thinks that Beda was mistaken , in saying that the Picts gave this Isle to this Monastery . But ( 2. ) does this Answer prove , that it belong'd to Ireland , which is the onely Point here in debate . Or can there be any thing more inconsistent with that , than Beda's own words , which are , that it belong'd to Britain as a part of it ? And if it be a part of Britain , it cannot be in Ireland , otherwise , than because Scotland , which was a part of Britain , was then called Ireland . Nor does the situation of the Place contribute less to clear this , than Beda's clear Authority . For it was never pretended by the Irish , that our Western Isles , which lie upon our Coast , belong'd to Ireland . And the first thing that is known of them , is , that they belong'd to Scotland ; and since this Monastery and Isle is now in the possession of the Scots , and has been so for many Ages ; We desire the Learned Doctor , and his Irish Evidences , to condescend when , and by what War or Transaction the Irish lost that , or the other Isles : for if it had been theirs , we could not have got it , but by one of these two ways . Since then Hy was a part of our Scotland , it necessarily follows , that Aidan came not from the Northern Scots in Ireland , as Doctor Stillingfleet asserts : for the Bishop of Saint Asaph acknowledges , that Aidan was ordained at Hy , by the Bishop of Hy , and Dunkeld * , which he supposes with Usher to be then founded , and cites Bede † for his Voucher : and adds , that after Firian's death , Colman succeeded in the Bishoprick , who was also sent from Scotland , that is , from Hy ; and that he was a Bishop of Scotland : which must be our Scotland , for the reasons aforesaid , notwithstanding of what the Doctor says . And from all this we wonder , with the Doctor , that any that can carefully reade Beda , can dispute , what is so clearly said in him , that Scotland was called Hibernia ; and so we 'll conclude against him in his own words . But we wonder what the Doctor means , when he acknowledges that from Beda it appears , that the Scots had a Kingdom in Britain . But when he speaks of the Religion of the same Scots , he means the Scots of Ireland : this is indeed beyond my understanding : but I am sure , it can have no colour , from making the Ireland , wherein Icolmkill , or Hy is , an Isle distinct from Britain ; having in my former Book cleared , that our part of Scotland , was called an Isle , as contradistinguished from Britain , by the two Firths , Clyd , and Forth , being clos'd up by a Wall , and is therefore called an Isle by Tacitus , and others whom I formerly cited . To whom I now add several English Authours , as William of Malmsbury , who speaking of Britain , says , & per se , velut insulam , à Scotia divisa . And Bartholomoeus Anglicus says , that Scotia Regnum promontorium est , montibus & maris brachiis à Britannia separata : & Anglorum progenies , Britanniam insulam possidet . And therefore Beda speaking of Weremith in Northumberland , he tells us , that it is near to Scotland , and adds , that by this it may appear , that the remotest part of the Isle of Britain towards the North is Northumberland . Which could not have been true , if it had not been spoken upon the supposition , that our Country had been an Island ; for our Country lies benorth Northumberland ; in the Isle of Britain . All which are to be found in the Third Chapter of the Second Book of Fordon , with several others , which I here omit , rather as unnecessary , than impertinent . I add to these Paulus Diaconus , who speaking of Wars betwixt the Britains and Saxons , from the time of Ambrosius Aurelianus , says , that the Victory hung uncertain betwixt them , donec Saxones potentiores effecti , tota per longum Insula potirentur : And this must be onely understood of England , for the Saxons did not in his time , nor since conquer that part of Britain which belong'd to us . But by that he onely meant , that the Saxons conquer'd that part which belonged to the Romans , and was called an Isle , as contra-distinguished from ours . I prov'd this also from the Martyrologium Romanum , Abredonioe in Hibernia , Sancti Beani Episcopi , to which nothing is answered : And I now add to it , Baronius in not is , Beani vetera manuscripta ex quibus Molanus hac die fuit hic Episcopus Abredonensis . Having thus cleared the Antiquity of our Kings , and the truth of our Histories , by so solid Reasons , and from so good Authority . I hope the reverend Dr. Stillingfleet will be as Ingenuous , in retracting what he has written against the State , in these Points ; As he did very Commendably retract what he had written against the Government of his own Church , in his Irenicum : At least he will retract That insolent Expression , Praef. pag. 72. That our Antiquities are universally dis-esteem'd , amongst all Iudicious and inquisitive Men : Since all men have not written their opinion , nor has he read all Writers ; and this at least contradicts the many parts of his Book , wherein he acknowledges , that Lipsius and other great Criticks are of our side . And I have cited most of all the considerable Criticks , and have fully satisfied the insignificant Answers made by Dr. Stillingfleet to them ; and if I have left any Expression in all the Book unanswered , it is because it was unworthy of having been urged by Dr. Stillingfleet , or answered by me . And , though I could add many new Authours , who have owned our Antiquities ; yet , loving rather to reason , than to cite , I produce one , who not onely owns our Antiquities , but makes our Antiquities a strong Argument against the Supremacy of the Pope . For ( says he ) the Bishop of Rome cannot pretend , that the Church in Britain received the Christian Faith from Rome , since Scotland , a part of it , was Christian before the Romans had access to it . The Authour is the learned Lomeierus ; * who tells us , That the Britains had the knowledge of Letters 270 years before Christ : for Dornadilla King of the Scots wrote , before then , the Laws of Hunting observed to this day amongst the Subjects of that Kingdom , as Sacred even to this Age. And they were not amongst the last , who received the Christian Religion : for Tertul. advers . Iud. cap. 7. tells , that the places which were unaccessible to the Romans , had yielded to Christ. And from this he concludes , that they are Parasites , who flatter the Bishop of Rome , as universal Mo narch of the Church , since here were Christians , to whom the Romans had never access . From which I also draw these Conclusions : 1. Here is a Proof of our ancient Learning , and consequently a Foundation for the Credibility of our Annals . 2. Here is an acknowledgment of a King before Fergus the Second , and long before the Year 503 , proved too by Laws yet observ'd , which was a sure way of preserving his Memory ; and the matter of Fact is true , for we remember those Laws as his to this very day . * 3. Here is an acknowledgment , that Tertullian's Citation is applicable to us . 4. It seems by this more just , that the Bishop of St. Asaph should rather have sustained our Antiquities , as an Argument against Popery , than rejected them for answering an Argument against Episcopacy , Religion being of greater consequence than Government , and the inference being stronger in the one Case than the other ; for he should have urg'd that it is not probable , that we who were Enemies to the Roman Nation would have submitted to the Roman Church ; but would have rather lookt upon their Missionaries as Spies , especially in those barbarous times , when Nations were considered more than Doctrine : for though Religion already received , might have Cemented us ; yet before it was submitted to , so great an enmity as was betwixt us , might have obstructed Commerce and Kindness ; from which probably proceeded our aversion to the Romish Rites as to Easter , and other Points for many Ages , in which we followed the Greek Church in opposition to the Romish . But leaving this Argument to be prosecuted by Dr. Stilling fleet , it cannot be denied but both the learned Blondel cited by the Bishop of St. Asaph , and Lomeierus were both convinced , that our Antiquities were undeniable , for no man in his Wits draws Arguments from Premisses which himself thinks uncertain . Possevinus also the Jesuit , in his Bibliotheca Selecta , inserts among the Historians whom he recommends as most Authentick , an account of our Antiquities : Wherein among other things , we are asserted to have had a Christian Church here in the Year 203. and the Citations from Tertullian and St. Ierom are appropriated to us , and to these are added three other Citations , agreeing with them , one from St. Chrysostome in Serm. de Pentecost . a second from the same Authour , in his Homilia quòd Deus sit homo , and a third from Petrus Venerabilis , lib. 8. epist. 16. And therefore , as in my last Book I did conclude , that our Antiquity behoved to be very remarkable , since before Bishop Usher's time , every Nation made us most ancient , next to themselves ; so in this Book I may conclude , that our Christianity must be much ancienter , than those reverend Divines would make even our settlement , since men of all persuasions concur in it , and speak of it with great Elogies , and draw consequences from it , for the honour of their own Church : Which according to the Doctor 's principles cited by me , are the surest marks of Conviction . Thus I hope I have sufficiently illustrated this Subject , and therefore I am not resolved any farther , either to burthen it , or my Readers . For clearing some Passages in this Book , the Reader may be pleased to consider seriously , these following Additions and Alterations . PAG. 3. lin . 4. for Kenneth III. reade Kenneth II. Pag. 5. lin . 10. Add to what I have said concerning Lese Majesty ; That Dr. Stillingfleet , Praef. p. 5. calls this , the sharpest and most unhandsome Reflexion in all my First Book , and I am glad he does so ; for if there be any severity in these my words , Luddus is to be blamed , and not I : for my words in my Letter to my Lord Chancellour , p. 11. are — and since Luddus owns , that he durst not deny the British descent from Brutus ; lest he might thereby wrong the Majesty of the English Nation ; I admire , that any of the Subjects of Great Britain did not think it a degree of lese Majesty , to injure and shorten the Royal Line of their Kings . By which it may very easily appear , that I did take the word Lese Majesty in a Rhetorical , and not in a legal sense , though I find , that Dr. Stilling fleet does not answer my Objections , even supposing the word to be there otherwise taken ; for it seems for ought that 's yet answered , that to injure and shorten the Royal Line , is a degree of lese Majesty ; that is to say , it tends ( in Luddus's own words ) to wrong the Majesty of the British Monarchy . Pag. 8. lin . 10. Put out these words , — and this is clear also by the Book of Pasley . Pag. 9. lin . 17. Instead of these words , that the People deposed Kings ; reade , that the People sometimes de facto deposed Kings in those ancient barbarous times ; ibidem , lin . 23. Instead of these words , till Kenneth the Third's time , reade , long after Fergus the Second's time . Pag. 20. lin . 19. For these words , and the inquisitive Bede was not able to reach so far back in the year 700. reade , that Bede made it not his business , to search out secular Antiquities , having onely design'd ( as is clear by his Book ) to write of us in so far as was necessary , for his Ecclesiastical History , which needed not the helps of the old Manuscripts in our Monasteries . Ibid. l. 14. Put out the words , ut fertur , as they say , a word used in the remotest Antiquity . For farther clearing Pag. 22 , 23 , 24. Cap 2. Whether the Meatae and Caledonii were Britains distinct from the Scots and Picts , whom Dion calls the Unconquered Nations , and who the Doctor says , were different from the Scots and Picts ; It 's fit to add to what I said on this subject , that our Adversaries differ among themselves , and contradict one another in this point ; for Cambden , whom St. Asaph follows , makes the Picts Caledonians , or Extraprovincial Britains , thinking it thereby more easie to make the settlement of one Nation late , than to make both so ; because thus he differs less from received Histories : But the Doctor sticks not to make the settlement of the Picts later , than that of the Scots ; because he never finds the name of the Picts mentioned , till about the time the Scots are , and therefore refutes Cambden : whereas Offlaharty rejects this reason , contending , as we do , that it is ridiculous to say , that a Nation is no older , than from its being mentioned in History under such a name . Pag. 29. lin . 18. For &c. 492. reade &c. pag. 492. Pag. 32 lin . 3. After the word Piracy , add , And whereas the Doctor objects , that this Wall was unnecessarily built betwixt the two Seas to hinder the incursions of the Scots and Picts ; seeing , I supposed , the custome was to cross over the two Firths , and to land on this side of the Wall ; for so they landed on the British side , and left the Wall behind them , and consequently the expence had been unnecessary , and the Romans and Britains very idle in building it . To this it is answered , that I very justly supposed that the invasions were over the Firths ; and though they had left the Wall behind them after their landing , yet the objection concludes not , that therefore the building of the Wall was unnecessary ; for the Britains being separated and distinguished from the Scots and Picts by two Firths which did meet onely in a short neck of Land , they completed this natural fortification of Water , by building a Wall on the Land where it was wanting , thereby defending themselves against the irruptions of their Enemies ; so that the Scots and Picts being debarred from entring by this Neck , which was the easie and ordinary way before , were after necessitated to invade by water , formerly the more difficult way . And this is not onely a conjecture arising from the clear probability of the thing ( which were sufficient to answer the Doctor 's Objection that is onely founded on a bare conjecture ) but it 's the express reason given by Beda , who lived so near the time and the place , and who speaking of this Wall , saith , Fecerunt autem eum inter duo freta , vel sinus ( de quibus diximus ) maris per millia passum plurima , ut ubi aquarum munitio deerat , ibi praesidio valli fines suas ab hostium irruptione defenderent — from which I must also add , that the Seas we came over , were our own Firths abovemention'd , and not the Irish Sea ; for the Wall is said to be betwixt the two Firths and Bays of the Sea , and thereafter in the same Chapter it's said fugavit eos transmaria , which are also the words of Gildas : All which is appliéd to our Firths , and not applicable to the Irish Sea , which can neither be called Firth nor Bay in the singular number , nor Maria in the plural , it being called Mare Hibernicum , as our Seas are called Mare Germanicum , or Deucaledonicum . And that the Irish Sea was not passable , nor fit for such Anniversary Invasions in Corroughs , is ( beside all I have said formerly ) clear from the English Writers themselves , Bartholomaeus Anglicus , and the English Polychronicon in their descriptions of Ireland . But the Sea that is between Britain and Ireland is all the year round full of great waves , and uneasie ; so that men can seldom sail it securely . This Sea is sixscore miles broad , and Bartholomaeus Anglicus says of it , — Mare autem Hibernicum versus Britanniam undosum & inquietum est , & toto anno vix navigabile . The Doctor , to evite the force of our Arguments , makes the Caledonii and Meatae to differ from the Scots and Picts , and to be Britains dwelling near the Wall ; who being forced to attend there for the defence of the Wall against the Romans , left the more Northern parts of the Isle waste , which they formerly inhabited , as the Bloud doth the extremities , when it runs to the Heart : Whereupon the Scots invaded their Possessions from the West out of Ireland , and the Picts from Scandanavia . But besides the Arguments I urged formerly in my Second Chapter , I now add , that first , Beda makes onely mention of five Nations , who inhabited Britain , viz. the Britains , Romans , Picts , Scots and Saxons , whereas if the Caledonii and Meatae had been different from the Scots and Picts ( and not the Highlanders and Lowlanders of the Scots and Picts under different names ; as I have formerly proved them to be ) then there had not onely been five , but seven Nations inhabiting Britain . Whereas the Doctor contends that Dion must interpret Beda's words , it 's more reasonable that Beda , who wrote long after Dion , should interpret his words ; since Beda is so express in describing who were Inhabitants of old , and in his time ; and Dion , who was before Beda , could not interpret him . 2. Either the Scots and Picts came into the Possessions of these Caledonii and Meatae before the Romans , or after : if they came in before , then the Scots and Picts must have come and setled here before the Year 412. because the Romans left this Isle altogether about that time , without ever returning , and consequently were setled here before the Year 503. which is the Bishop of St. Asaph's Position : But if after the Romans left the Isle , then it was not when the Caledonii and Meatae were necessitated to come for the defence of the Wall against the Romans , which is Doctor Stillingfleet's Position . If the Irish had overcome the Extraprovincial Britains , whom , as the Doctor confesses , the Romans could not overcome ; this Conquest must needs have fallen out near to those times wherein Gildas and Beda lived , and whereof they write the Wars and Vastations so particularly and exactly ; and especially since the Learned Doctor gives as a Rule , that a negative testimony is concluding , where the Writer is knowing , and had opportunity to know , and the thing omitted is of importance to the subject treated of ; all this quadrats exactly with this case : and though these Authours had omitted this Conquest , yet it is incredible that these Ancient Irish Annals ( by the Doctor alone so much preferred to ours ) would have omitted the full and clear relation of a Conquest so very glorious to them , as the overcoming Nations , who could never be conquered by the mighty power of the Romans ; especially since this must have been , not some particular Victories onely , but one intire extinction of the Meatae and Caledonii , for these are never after so much as mentioned : And it 's yet more incredible to think that we could have overthrown these Extraprovincial Britains , after the Romans had been forced to leave the Island , and yet never be able to prevail so far against them , when they had the Britains , Romans , and Us to be their Enemies ; it being acknowledged that we were by continual incursions endeavouring to settle here about 200 years before the Romans left the Isle . Whereas the Doctor cites Fordon distinguishing the Picts and Scots from the Caledonii , and Meatae ; and making them to be the Extraprovincial Britains in the 36th Chapter of the Third Book of his Scoto-Chronicon , I have considered the place cited , but I find no such thing in that Chapter . Indeed in the 37th Chapter of the Second Book I find Fulgentius is called Dux Britannorum Albanensium , and that the Britanni Boreales , are distinguished from the Britanni Australes ; but there is no mention made in that place of the Caledonii and Meatae ; nor does the division of South and North - Britains make any thing against us , but on the contrary , it seems very clear by that Chapter , that the Scots and Picts had been long setled in Scotland , before the Romans left this Isle ; for it 's said there , that the Scots and Picts having ( according to their accustomed manner ) over-run the Countrey , notwithstanding the assistence given by the Romans to these Britains , Fulgentius was forced to make a peace with them . Pag. 36. lin . 2. For Fourth Chapter , reade Fifth Chapter . And here add , that by these words ( totam cum Scotus Iernam movit ) may be meant of our being forced to retreat or return to Ireland , when we were expelled by Maximus ; which agrees with the time here describd by Claudian . Pag. 36. lin . 10. For this , reade thus . Pag. 38. lin . 16. The Comma is before , but should be after Usher . And for do , reade doth . Pag. 41. I desire the Reader may be pleased to observe , First , That Offlahartie himself confesses , that the words ( soli Britanni ) in Eumenius , are understood to be in the Genitive , as Scaliger and we contend ; and not in the Nominative , as the Bishop and the Doctor alledge . And here I would have the Doctor to mind that true Maxime of Law cited by himself ; a Witness which a man bringeth for himself ought to be admitted against him . Secondly , That the Bishop of St. Asaph makes use of Plantin's Edition in the Catalogue prefixt by him , and in that Edition Eumenius's words are pointed as I have cited them . Thirdly , I wish the Reader to observe that in my First Book against the Bishop of St. Asaph , Pag. 70. lin . 8. the particle & ( in Eumenius his words , Natio adhuc rudis & soli Britanni ) is printed ( it ) and so the force of the Argument is not understood , which was , that ( & ) copulat diversa , and so the Natio rudis could not be the same with soli Britanni , but must needs have been of the Genitive Case , and the words must have run , Pictis & Hibernis soli Britanni , the Picts and Irish of the British Isle . Pag. 45. For Britons , reade Britains . And here add , that the words in Tacitus are Nobilissimi totius Britanniae , which does not at all prove Galgacus his men to have been Britons , but Britains ; and so this agrees very well with the Scots , who were Caledonian Britains . Pag. 41. lin . 19. For Scotice primae , reade Scoticae pruinae . Pag. 51. lin . 2. For Fourth Chapter , reade Fifth Chapter . Pag. 57. lin . 17. Add , And that he was sent to the Scots in Britain is clear . Pag. 60. lin . penult . For Nomination , reade Omination . Pag. 65. lin . 3. For the Conquered Nations , reade relates to the Unconquered Nations . Pag. 68. lin . 10. Put a Comma after the word Mortal . Pag. 72. lin . 15. In place of , a Nation before Constantius ' s time , say , a Nation setled here before Constantius ' s time . Ibid. lin . 22. add , That these words in Scaliger , & Scoti sunt adhuc in Hibernia , must be so interpreted as to consist with Scaliger's former Arguments for proving our early settlement here , and therefore the sense must be ; That there are yet in Ireland some of these Ancient Scots , or That the Nation from which the Albanian Scots are descended are yet in Ireland ; neither of which contradicts our ancient Settlement here . Pag. 76. lin . penult . For these words , Neither is Buxhornius special , and has been misled by Usher ; reade , And Buxhornius has been misled by Ubbo Emmius , whom he cites , and is later than Usher . Pag. 77. lin . 8. For Spartan , reade Spartian . Ibid. lin . 12. For all that , reade that which . Pag. 81. lin . 16. Add , That the Doctor , Pref. p. 23. is very unjust in saying that our Antiquities went not down with Iohn Major , and that he gave little credit to the being of Fergus the First ; for it 's clear that he repeats onely the Story of Gathelus , Scota , and Simon Brek , but is very positive in asserting the Story of Fergus the First , and shews particularly that Beda did not contradict that part of our History , but gives the true and reconciling distinction , that Fergus laid the foundation of the Monarchy , and Reuda or Rether enlarg'd it ; and reckons above 700 years betwixt the two Ferguses , and relates the Genealogy of Alexander the Third , as it was repeated by that Highland Gentleman at the Coronation . Pag. 83. lin . 13. For these words , he could have no warrant but Tradition , reade He could have no sufficient warrant without Tradition . Pag. 94. lin . penult . Put out the word Saint from Fergus . Pag. 97. lin . ult . Immediately after the word Verimund , add these words , many material things which are not in Boethius . Pag. 98. lin . 11. Put out these words , which are not in Boethius . Pag. 108. lin . 25. After Alarick , add the word is . Pag. 116. lin . ult . When Kenneth is called the first Monarch of Scotland , The meaning is , he was the first Monarch of all Scotland , having subdued the Picts , and therefore he is so termed by Fordon . Pag. 119. lin . 17. For , it is likely , reade is it likely . Pag. 121. For de Muro lapideo , reade de Mora lapidea . i. e. the stony Moor. Pag. 129. lin . 16. For Ferchard's second Son , reade Ferchard the Second his Son. Pag. 167. lin . For Tich , reade Fich . Pag. 175. lin . 14. For created , reade treated of . The Reader is intreated to excuse these mistakes in the printing , since they were occasion'd by the Authour 's great distance from the Press . And if the Reader doubt of the old Alliance betwixt France and Scotland , the Articles of the old League shall be printed , for they have been lately found upon record in an old Register at Paris , and bear date 791. agreeing exactly with what I have said page 109. of my First Book ; and with page 74. of this : and this proves us to have been a Nation setled long before , and of very considerable reputation abroad in the World : for how is it imaginable that Charles the Great , King of France , and Emperour of the West , should have thought it either his honour or interest to engage in so strict an alliance with a pack of Pilsering Vagabond Robbers , confin'd to the then very insignificant County of Argyle , as is most unjustly alledg'd against us . THE END . The Reverend Dr. Stillingfleet is pleased to reflect upon the Authour 's Ius Regium , but that the Famous University of Oxford had other thoughts of that Book , the Reader may understand by the following Letter , which passed their Publick Seal , and was sent , as it 's here set down , to the Authour . Honorabili plurimum Domino , Domino Georgio M'henzie , Equiti Aurato Regio Regni Scotiae Advocato . Illustrissime & Clarissime Domine , CUM Regio Principum Iure & Majestate nihil sit sanctius , utpote quod iis inviolatis & Regni gloria & subditorum pax unice conservantur , facile possis credere , quam acceptissimos Academiae , quae Regi semper fida gloriatur perstitisse , honores contuleris , cum vestras Regiae causae vindicias nobis non tantum transmiseris , sed & in publicum simul , iniquo hoc tempore vocaris patrocinium . Si quae enim ( post probatam bellis civilibus fidem , ignibusque traditos impios libellos , de quibus originem & vires sumserat perduellio ) ulterioris officii partes supererant , eas omnes vestro explevimus beneficio qui causam principis una videmur defendisse , quod Doctissimi laboris effeceris participes . Qui ipsa fundamenta penitus convellens quibus , inimica semper Regibus , plebis improba innititur causa , de ipsa seditione vel Bellicâ potiorem reportasti victoriam ; cum enim armis miles rebelles cogat in tempus tantum gladios recondere , Tu , invictissimae rationis viribus , imperas ne iterum stringantur . Languet quidem tantum quae debellatur , non extinguitur seditio , devictumque licet humilis & abjecti vulgus imperii patiens videatur , vel minimâ elucente spe res novas continuo molitur . Adeo ut Regias partes verius sustentet qui suadet quam qui cogit parere , rebusque Imperii honestius consulat , qui inconcussae fidei divinam statuens originem , Reverentiam Principum non metum incu●it , Regibusque ex officio docet , non re , vel tempore turpiter inservire . Hinc fit ut quamvis Scotorum virtuti plurimum debeatur , quod rebelles bis prosligaverint , Tibi plus sit referendum quod Buchanum & Miltonum : quorum licet de scriptis derivatum plurimas Regni partes venenum infecerit , Tu tamen grassante diu malo , tam felici tandem remedio subvenisti ut conscientiae , Rationi , legibusque Regni antiquissimis necesse est renuncient si qui in posterum sint qui in Deum Regemque una Rebelles audeant iterum movere arma . Quod itaque nostra ex parte Unicum possumus , inter libros aeternae memoriae sacros , Vestros Academia reponet , honores Autori exoptans quos ipsa nequit conferre , soliusque possit Principis Munificentia : Nimirum ut penitus fractis per te Fanaticorum viribus , sentiat Rex quantum possit vel Unius subditi literata fides , & Ipse experiaris quantum mereatur . Haec eo , quo mittimus animo accipias , & inter affectûs indicia aestimes quo Te prosequitur Illustrissime Domine Nomini vestro addictissima , Universitas Oxoniensis . E Domo nostrae Convocationis V. Id. Iunii , MDCLXXXIV . Books printed for , and sold by Joseph Hindmarsh . DAvelas's History of the Civil Wars of France . Poems by several Hands , and on several Occasions , collected by N. Tate . Miscellany ; being a Collection of Poems by several Hands , collected by Mrs. A. Behn . The Works of Mr. Iohn Oldham , together with his Remains . A Discourse of Monarchy ; more particularly of the Imperial Crowns of England , Scotland and Ireland , with a close from the whole as it relates to the Succession of I. Duke of York . Practical Rules of Christian Piety , containing the sum of the whole duty of a true Disciple of Christ. History of Count Zozimus translated into English. The Doctour's Physician , or Dialogues concerning Health , translated out of the Original French. Butler's Ghost ; or Hudibras 4th Part , with Reflexions on these Times . Ienkinsius Redivivus ; or the Works of that Grave , Learned , truly Loyal and Courageous Judge Ienkins whilst a Prisoner in the Tower , and Newgate , by command of the Rebellious Long Parliament , begun at Westminster , November the 3d , 1640. Wherein is plainly set forth the just Power and Prerogative of the King , the Privilege of Parliament , the Liberty of the Subject , and what is Treason according to the Laws of the Land. The Familiar Epistles of Collonel Henry Martin found in his Misses Cabinet . A true Account of the Captivity of Thomas Phelps at Machaness , in Barbary , and of his strange Escape in company of Edmund Baxter and others , as also of the burning two of the greatest Pirat Ships belonging to that Kingdom , in the River of Mamora , upon the 13th of Iune , 1685. By Thomas Phelps . The Perjur'd Phanatick ; or the Malitious Conspiracy of Sir Iohn Croke of Chilton , Henry Larimore , and other Fanaticks , against the life of Robert Hawkins , Clerk , and late Minister of Chilton , occasioned by his suit for Tythes . An Historical Treatise of the Prerogatives of the Church of Rome , and of her Bishops ; written in French by Mounsier Maimburg , translated into English by A. Lovell . Notes, typically marginal, from the original text Notes for div A50442-e220 Praef. pag. 5. Chap. 5. pag. 267. & passim . Notes for div A50442-e650 Praef. p. 3d. Praef. pag. 72. Notes for div A50442-e1520 Pag. 2. * Dr. Stillingfl . praef . pag. 23. † Cap. 5. p. 285. C. 5. p. 285. * Bed. L. c. 14. * Verum eadem Britannia Romanis usque ad Caium Julium Caesarem incognita suit . * L. 1. c. 5. * Page 18. † C. 5. p. 285. ‖ Pref. p. 60. * Brit. Descript. p. 24. * C. 18. * Utraque gens eam inseder at provinciam quae jam diu Scotia est appellata . † C. 19. * P. 13. Edit . Iocelia . * Hiberni revertuntur domum . * P. 21. * C. 1. Parag. 5. * C. 5. P. 283. * Quos sibi Caledonia viros seposuerat . † Integri & Indomiti . * Indigenae an advecti . Hist. Univers . de reb . gest . reg . Scot. * Lib. 1. c. 37. Many evidences we have that Scotland is oft call'd and hecht Hibernia , as Ireland doth . Agente palladio Scotorum Episcopo a Coelestino in Britanniam misso ut Pelagianam haeresin extingueret . Rationar . tempor ad . an . 429. * P. 59. † C. 2. P. 53. ‖ P. 56. * P. 68. † P. 53. * C. 7. contr . Iudaeos as it is translated by St. Asaph , praef . p. 8. * Habet enim progeniem Scoticae gentis de Britannorum vicinia . * Et Scoti hanc genti suae antiquitatem mihi debent . * De Occident : Imp. l. 6. p. 141. Notes for div A50442-e13300 * Antiquit. Hibern . c. 5. † Praef. p. 28. * De Antiq. Hibern . c. 5. † De Bell. Gal. l. 6. * L. 17. c. ult . Notes for div A50442-e16540 Pref. p. 5. Lib. 3. c. 2. Lib. 5. cap. 60. Which is not Lib. 4. but l. 3. Lib. 2. c. 12. 13. ●● . and lib. 3. ● . ●● . Et in 〈◊〉 Recapitulatione . Lib. 3. c. 1. Ford. l. 8. c. 1. l. 1. c. 39. l. 12 , 13 , 14. fol. 48. 57. l. 5. passim . Boeth . l. 11 , 12 , 13 , & 15. passim . Euch. lib. 7 , 8 , & 9. passim . Les● . lib. 6 , & 7. passim . Ford. lib. 5. at the beginning . Maj. lib. 3. c. 5. Boeth . lib. 12. Buch. l. 7. Les● . l. 5. Ford. lib. 3 , & 4. Maj. lib. 3. Boeth . lib. 8 , 9 , 10. Buch. lib. 5. Chap. 5. * Lib. 2. 5 , & 6. L. 4. † Lib. 2. & 3. ‖ Pag. 10. * Lib. 14. cap : 27. Notes for div A50442-e21570 Pref. p. 47. Ogyg. part 3. cap. 1. Ogyg. part 3. cap. 2. Chron. Mail. p. 136. edit . Oxon. 1684. Ogyg. p. 480. Praef. p. 25. Ogyg. Pr. p. 27. * Lib. 14. c. 44. Lib. 11. c. 15. Education du Prince , l. 1. chap. 1. p. 39. Praef. p. 4. 46. Ogyg. p. 468. Ogyg. p. 114 , & 264. Pag. 165. 190. 327. Ogyg. p. 475. Chap. 5. pag. 282. Praef. & Chap. 5. passim . Praef. p. 45 , 46. * Ogyg. p. 467. Verum aliquot desider at is Distichis , integrum Apographum reperire non contigit ; aliàs absolutum ex eo Catalogum contexere non dubitaremus . Stillingfleet , chap. 5. p. 271. Praef. p. 51. Praef. p. 48. * Still . chap. 1. p. 35. Vid. Bul. in Fordon , lib. 12. cap. 33. Fordon , ibid. P. 348. Lib. 4. cap. 26. Lib. 3. cap. 27. Lib. 1. cap. 37. Lib. 1. de Scotia cap. 39. Lib. 4. cap. 22. Voss. de Hist. Lat. lib. 3. Lib. 3. cap. 3. * Cap. 5. p. 103 , 104 , 105. † Hist. 3. 5. pag. 171 , 172. & 3. 5. p. 166. Praef. p. 69. Scotiae propinquum . Ex quibus patet quod ultima pars insulae Britanniae versus Boream est Northumbria . Epit. hist. Rom. p. 672. Decr. 16. pag. 783. Pag. 784. * Joh. Lomeierus de Bibliothecis , p. 149. Edit . 2. Ex Germaniâ transfretamus ad penitus toto divisos orbe Britannos , qui quidem literarum cognitionem diu ante Christi tempora habuisse dicuntur : Anno enim ante Christum natum 270. Dornadilla Maini silius , Scotorum Rex , praecepta venandi scriptis commisit , & subditis suis servanda proposuit : quae leges & nostro adhuc seculo , seu sacrae , observantur . Fidem Christianam non postremi receperunt . Tertull. adv . Judaeos , cap. 7. Britannorum inaccessa Romanis loca , Christo vero subdita . Audiant hoc Romani Pontificis Gnathones , qui ejus universalem Monarchiam in Ecclesiam quovis modo stabilire conantur . Britanni fidem acceperunt in illis locis quo Romanis aditus non patebat . Qui posset dari Episcopus universalis , cùm nullus unquam fuerit Monarcha politicus , qui sibi totum terrarum orbem subjecerit ? Quamvis Romanorum imperatores hac vanâ opinione inflatos Spiritus gesserunt , ut se totius orbis Dominos crederent , cùm sanè modicam ejus partem obtinerent . * And though it may be objected that he had this from our Historians , yet it still proves that he and others believe our Historians . Lib. 16. Cap. 5. Notes for div A50442-e32910 Camb. Brit. pag. 82. Chap. 5. p. 240. Lib. 1. cap. 12. Polychr . lib. 1. cap. 32. Lib. 15. cap. 80. 
A56876	----	The speech of his Grace James Duke of Queensberry his Majesties high commissioner to the Parliament. The 30 of May when adjourned to the 20 of June. Queensberry, James Douglas, Duke of, 1662-1711. 1700 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A56876 Wing Q161 ESTC R216699 99828421 99828421 32848 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56876) Transcribed from: (Early English Books Online ; image set 32848) Images scanned from microfilm: (Early English books, 1641-1700 ; 1857:12) The speech of his Grace James Duke of Queensberry his Majesties high commissioner to the Parliament. The 30 of May when adjourned to the 20 of June. Queensberry, James Douglas, Duke of, 1662-1711. 1 sheet ([1] p.) printed by the heirs and successors of Andrew Anderson, printer to the Kings most Excellent Majesty, Edinburgh : anno Dom. 1700] Reproduction of the original in the Edinburgh University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. Great Britain -- Politics and government -- 1689-1702 -- Early works to 1800. Scotland -- History -- 1689-1745 -- Early works to 1800. 2008-09 TCP Assigned for keying and markup 2008-11 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion THE SPEECH Of his Grace JAMES Duke of Queensberry , his Majesties high Commissioner to the PARLIAMENT . The 30 of May When Adjourned to the 20 of June . My Lords and Gentlemen , I Am Troubled with such a Cold and Hoarsness , that not being able to Speak much , nor in a Condition to stay any time here ; I shall therefore only tell you , that as I was ever Firm and Faithful to my King , so I was ever Zealous for the Honour and Interest of my Countrey : And at this time I hop'd to have done Acceptable Service to both . For I can boldly say , that I have Power and Instructions , for every thing that appear'd Necessary or Convenient for the Good and Advantage of the Nation , as to their Religion , Property , Liberty , Trade , and particularly what could be of most solid Use to our African and Indian Company . But several things have occurr'd , wherein I find my self obligd to Consult His Majesty , and so of necessity must Adjourn for some Days . Edinburgh , Printed by the Heirs and Successors of Andrem Anderson , Printer to the Kings most Excellent Majesty , Anne Dom. 1700. 
A40385	----	Northern memoirs, calculated for the meridian of Scotland wherein most or all of the cities, citadels, seaports, castles, forts, fortresses, rivers and rivulets are compendiously described : together with choice collections of various discoveries, remarkable observations, theological notions ... : to which is added the contemplative & practical angler ... / writ in the year 1658, but not till now made publick, by Richard Franck ... Franck, Richard, 1624?-1708. 1694 Approx. 559 KB of XML-encoded text transcribed from 174 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-09 (EEBO-TCP Phase 1). A40385 Wing F2064 ESTC R20592 12117409 ocm 12117409 54355 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A40385) Transcribed from: (Early English Books Online ; image set 54355) Images scanned from microfilm: (Early English books, 1641-1700 ; 68:13) Northern memoirs, calculated for the meridian of Scotland wherein most or all of the cities, citadels, seaports, castles, forts, fortresses, rivers and rivulets are compendiously described : together with choice collections of various discoveries, remarkable observations, theological notions ... : to which is added the contemplative & practical angler ... / writ in the year 1658, but not till now made publick, by Richard Franck ... Franck, Richard, 1624?-1708. xxxix, 304 p. Printed for the author, to be sold by Henry Mortclock ..., London : 1694. 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Scotland -- Description and travel. 2003-05 TCP Assigned for keying and markup 2003-05 Aptara Keyed and coded from ProQuest page images 2003-07 Mona Logarbo Sampled and proofread 2003-07 Mona Logarbo Text and markup reviewed and edited 2003-08 pfs Batch review (QC) and XML conversion Northern Memoirs , Calculated for the Meridian of SCOTLAND . Wherein most or all of the Cities , Citadels , Sea-ports , Castles , Forts , Fortresses , Rivers and Rivulets are compendiously described . Together with choice Collections of Various Discoveries , Remarkable Observations , Theological Notions , Political Axioms , National Intrigues , Polemick Inferences , Contemplations , Speculations , and several curious and industrious Inspections , lineally drawn from Antiquaries , and other noted and intelligible Persons of Honour and Eminency . To which is added , The Contemplative & Practical Angler , by way of Diversion . With a Narrative of that dextrous and mysterious Art experimented in England , and perfected in more remote and solitary Parts of Scotland . By way of Dialogue . Writ in the Year 1658 , but not till now made publick , By Richard Franck , Philanthropus . Plures necat Gula quam Gladius LONDON , Printed for the Author . To be sold by Henry Mortclock at the Phenix , in St. Paul's Church-yard . 1694. To my worthy and honoured Friend Mr. J. W. Merchant in London . SIR , AS this compendious Volume of my Northern Memoirs contains nothing of Obscenity whereat I may Blush , so I hope no Absurdity worthy your reprehension : Yet because modelized in the plain Methods of an English Dress , will perhaps occasion the Sciolist to interpret me but a Junior Academian ; And truly so he may , if when to consider my slender Education . However , I have endeavoured , as much as in me lies , to avoid all Prolixity , and long Parentheses , which possibly would relish unpleasant in your Ear ; so have I abhorred repeated Tautologies , lest fearing to nauseate and surfeit your Appetite . For that end , Sir , I 'll be brief in my Description of Scotland , and as concise as possible , in my Contemplative Angler ; so sum up both as compendiously as I can . In Cambridg , it 's true , I had my Education , but Travel having the Ascendent over me , I afterwards rambled the remote Northern Tracts of Scotland ; where , to admiration , I inspected that little Artick World , and every Angle of it . It 's true , Travel always affected me , and to travel by Books , when nothing else presented to transport me , was a solitary kind of Satisfaction , but no Fruition . I must confess 't was in an ill Juncture of Time , when the Nation was alarm'd by the fatal approach of an Intestine War ( that perplex'd my anxious Thoughts with various Inquietudes ) because then to see a preternatural Cloud arise , that neither Men nor Counsels were prophetick enough to consult , whereby to stop the Deluge of this hostile Inundation that threatned to involve the Kingdom in Blood. In this Dilemma I left the University to seek Umbrage in the City of London ; but my Retirements contributed equal trouble , for now a Smoak began to rise in every Corner , and like a Meteor , it blaz'd out at last into fuliginous Flames , that overspread the beautiful Prospect of Peace ; which not only distracted the Minds but the Manners of Men , because then to behold a Storm rise out of a Calm , that not only threatned Prerogative and Privilege , but a National Exit , unhappily calculated to compel the People to see their own Ruins wrapt up in the Destiny of War. Where some , because never enough satisfied by being well , endeavoured by inadvertency to make themselves worse , and striking their Breasts with their own Weapons , forced all the Kingdom to bleed at last . So that now every Man runs to seek a Pleget to stanch , if possible , the reeking Wound ; yet no Man so propitious to find his own Cure , by which he fancied all the rest incurable . That now so generally and epidemically the Kingdom was diseased , that deliriated and distracted , they let one another Blood. Nor stop'd it here neither , for the cultivated Fields stained all over with English Blood ( beyond all precedent ) bled , till the Life of that Non-such Charles expired . But now since England is so happily blest under the prudent Conduct of a valorous Prince ( whose Heroick Vertues like a Corona surround him ) presents me an opportunity to step into Scotland , to examine there her remoter Stars , fed by the vital Flames of our Southern Orb ; supposing it no Riddle , to fancy any Man ridiculous that holds up a Taper to illuminate the Sun : for if when to consider , that the beautiful Cynthia sheds her Nocturnal Beam abroad , only to sprinkle the Universe with cold Influences , from thence we conclude that the Major Luminary ( viz. the Sun ) adds to her Obscurity his bright Reflections , since she of her self is but a borrowed Light , that can neither warm the World , nor cherish it with Vegetation . But the Light of the Sun not only invigorates the Creation with Light and Warmth , but is also a creational Good in the Ends of Production . Come then , whilst it is Day , let us step into Scotland , to rummage and rifle her Rivers and Rivulets , and examine her flourishing Streams for entertainment ; there the Rocks and the Groves will be our solent Reception , and the Cities and Citadels supply us with Accommodation ; and there I fancy our Time will be well enough spent to view the Country , and give a Description of all her Curiosities : which I here present you , my worthy Patron , in this short Narrative , not doubting your Clemency to absolve my stripling Muse , though not Fleg enough to elevate it self to the lowest Elevations of your generous Acceptation . But I 'll do what I can in these Northern Tracts , to bring you a Discovery of some of her Rarities , whose solitary Shades strike a Damp to my Pen , because to behold there such unexpected Landskips , Meanders and Labyrinths ( which I frequently met with ) as exposed my Resolution to a farther Progress , whereby to discover all her Northern Gaities that shin'd so splendidly in every Fir-wood , as also in her lofty domineering Hills , that over-top'd the Submissive shady Dales , and over-look'd the rapid Torrents of Rivers , and pretty purling gliding Rivulets ; where the polish'd Rocks , and imbellish'd Fortifications , beyond belief , so surpriz'd my Genius , that it puzzles me to report these remote Curiosities . For you are to consider , Sir , that the whole Tract of Scotland is but one single Series of admirable Delights , notwithstanding the prejudicate Reports of some Men that represent it otherwise . For if Eye-sight be Argument convincing enough to confirm a Truth , it enervates my Pen to describe Scotland's Curiosities , which properly ought to fall under a more elegant Stile to range them in order for a better Discovery . For Scotland is not Europe's Vmbra , as fictitiously imagined by some extravagant Wits : No , it 's rather a legible fair Draught of the beautiful Creation , drest up with polish'd Rocks , pleasant Savanas , flourishing Dales , deep and torpid Lakes , with shady Fir-Woods , immerg'd with Rivers and gliding Rivulets ; where every Fountain o'reflows a Valley , and every Ford superabounds with Fish. Where also the swelling Mountains are covered with Sheep , and the marish Grounds strewed with Cattle ; whilst every Field is fill'd with Corn , and every Swamp swarms with Fowl. This , in my Opinion , proclaims a Plenty , and presents Scotland , a Kingdom of Prodigies and Products too , to allure Foreigners , and entertain Travellers . So that now Scotland represents a Star that reflects a Beam on our Southern Orb ; but England is the Magnet that attracts this Northern Chalybs by sweet Influences , ( and mild Condescensions ) whereby the Fruits of Peace and Tranquillity protrude , and bud up to unite Interests in one another . The Orbs were made for the Erratick Stars ; and every Star as a lesser Orb ( destinated for Light and Discovery ) renders the Creation beautiful to excess , by Divine Appointment of the Divinest . For the Sun we see is not impaired , because to lend us a Ray of Light ; nor does it lessen Superiours ( in any Degree ) to communicate their Virtues to influence Inferiours . Do Stars run retrograde to make Subjects Slaves , when the whole Creation is but under subjection by divine Condescension of the great Creator ? Nor is there any thing of Slavery ( save only Servility ) except Man who enslaves himself to his Lust ; or by Tyranny imposed upon his Fellow-Creature . And now , Sir , I have done , in doing my Duty , not only to my Country , but singly to your Self : give me leave therefore to wind up my Epistle , and solicit Pardon if any thing be amiss ; supposing my Language runs harsh and rugged ; but that I cannot help , because drawn from the rough Draught of a Martial Pen , which shews my Stile may be somewhat unpolished . Nor can I flatter the Times , for I never was a Parasite nor a Time-server ; so that Errors excepted , I may hope a Pardon and an easy Penance from so mild , so moderate and judicious a Patron , under whose Patronage I lodg my Sentiments ; and subscribe my self , Worthy Sir , yours to serve you , Philanthropus . A Dedication to the Virtuoso's of the Rod in Great-Britain's Metropolis , the famous City of London . GENTLEMEN , I Was somewhat unwilling my Angler should pass the Press , till sedulously examined by some of your Ingenious Society ; and the rather , because it 's eminently known , that many amongst you are experienced Proficients , in the Mystical Art and Intrigues of Angling : whose Approbation will indisputably accommodate my Design , provided it come time enough , before my Angler encounter the Press . However if it come short , I shall satisfy my self ( as if already confirmed ) that you 'l please to embarque in these my solitary Examinations of those Rivers and Rivulets in England and Scotland , where the Fields in Winter are paved with Frost ; yet are the Meadows in Summer-time beautified with Greens , and deck'd and adorn'd with redolent Sweets , that perfume the Air , whose delightful Fords are furnished with Trout ; and to advance Recreation , the generous Race of Salmon : an entertainment perhaps not every where understood , nor is it by every Angler ( I perswade my self ) throughly examined . But , Gentlemen , I have brought you somewhat else ; which for ought I know may prove a friendly Diversion , if you please to inspect this Narrative and Survey of Scotland , where perhaps you 'l meet with such Entertainment , as may not only benefit , but in some measure delight you , after your Exercise of fishing for Trout . What then if you step from the Water-side , and contemplate Nature ; so raising your Scenes , you 'l admire the Creator , in his rare and admirable Creational Work ; there you may see the Operation of Elements and stellate Influences ; there also you may see the curious and various Amalgamations of Earth into Cristaline Forms , and Opacous Bodies ; and there you may see how the Luminaries are adapted Parents of polite Stones , Metals and Minerals : How Vegetables also protrude and bud up , because impregnated with prolifick Vegetation ; and how the Principles naturally operate in Animals , inspired and animated by the Soul of the World. We have also considered some Moral Duties , in reference to Men of sober Conversation : Nor are we altogether barren of Solitudes , and Divine Contemplation . The Stars we consider as fiery Objects , and he that made them thus gloriously to shine , made them also to influence and impregnate the Universe : for God through Wisdom hung up aloft these bright , shining and globical Bodies , whereby to illuminate this stupendous Creation ; and that by reason of their Rapidity and circular Rotation , they impregnate the Earth with prolifick Virtue : and as we see the Stars surround the Earth , the Orbs beyond dispute immure the Stars ; but the Heavens encircling both the Orbs and Elements , plainly demonstrate that from the Divinest , every created Individual has both Ends and Means naturally and specifically appropriated to it self , whereby to make it visible ; and Visibility terminates in Time. Which Notion to explain in a philosophical Sense , seems to imply , that both Matter and Form results in their own proper and natural beginning . Know therefore that Corruption is the Child of Putrefaction , and Putrefaction is the Prison and Sepulchre of Death ; Death therefore precedes the Resurrection , and the Resurrection is the Clavis that opens Eternity . But , Gentlemen , pray excuse me if I wander too far from the Water-side , to gaze and admire these glorious Metaphors , the Divine Oracles of him that made them , so not only lose my Opportunity of Angling , but endanger to lose my self in these solitary Meanders ; rarely frequented and trod by the Vulgar . Give me leave therefore to retrieve my self , and introduct you into the slender Margin of this my uncultivated Book ; and examine the Volume , if provided any thing may be found there worthy your ingenious Entertainment , or the general acceptation of so splendid a Society , that gives Laws and Rules to all the Anglers in England ; that accommodates every County with Rods for Diversion , and inriches every River with Hooks and Lines , that circumspectly prescribes Critical Hours for Recreation , and consults both the Mean and Elevation of Angling , whereby to augment and quicken the Spur of Pleasure . But I 'm sorry I can raise my Scenes no higher , to elevate this admirable Piscatorian Science , beyond the Elizium of the Angler's Arcadia . For had I that preeminence of Pen and Fancy , to illustrate what the Art of it self deservedly requires , I should impoverish England , nay it may be all Europe , if not all the World , to select Expressions , to express and decipher it's deserved Encomium . But finding my self unable to accomplish this great Undertaking , I 'll silently sit down satisfied , under the Rhapsodies of Contemplation ; inviting my Associates so to do , when encountring the Rocks and Rivers for Recreation . Now , Gentlemen , since Magnetism is so little known among Artists , I less blame the indigency of those that know not how Nature by innare Quality attracts her own Likeness , than other inconsiderate Rationals , that sport away their time in pursuit of their Lusts. Let the Angler therefore ( if he please ) select Contemplation , and pity such others that are destitute of those heavenly Advantages , till the Strokes of Grace and a pious Example or Education , compel them to write Memorandums of the glorious Creation , in the fair and legible Copy-Book of Wisdom ; so imitate Nature in her daily Progress , till ariving at the Super-excellency of practical Christianity , which truly to know , is Wisdom in the Abstract , that transmutes our Nature into Grace , and our Humanity into Divinity . But this you 'l alledg is heavenly Transmutation ; and so it is beyond the Mediums and Discovery of Art , or the Indication of Nature ( improper therefore to introduce Undergraduats ) : It's true , it is so ; but what then ? can't they omit the thoughts of Elements , to mingle sometimes their Contemplations with things more sublime ? Can't they relinquish their Exercise , to converse with heavenly Objects ? This I advise to , and my Book will instruct them . Now I have given you a Plat-form for Contemplation , which opens the Windows of the Mind to inspectulate ( if possible ) invisible Objects ; but not to darken your sight by gazing too much at the Sun ; for the more amiable and illustrious any thing is , the more astonishing is that thing , and ought therefore to be the more admired , consequently desired , before the Methods of Industry , or the lineal Progress of Art. But in as much as Angling is a great part of our Business , let me admonish the more Ingenious Artist to be mindful of Experience , lest peradventure he slide into the slippery Tract of an Author , so unman himself of practical Demonstration . Against which Hypothesis I exhort the Angler , whilst capable to trace the silver Sands , or florid Meadows of Thames and Trent , to consort with Ingenuity amongst Rocks and Meanders , where probably he may meet with his Friend , Philanthropus . A Dedication to the Academicks in Cambridg , the Place of my Nativity . GENTLEMEN , I Present you with a fair Opportunity to travel Scotland , and stay at Home : but then you 'l lose the benefit of tracing those Northern Tracts , where you may pick up admirable Curiosities in every Angle , because naturally replenished with great Variety . But not that I commend the Country to flatter her Inhabitants , nor intend I to exceed in my Method and Stile , when only to describe her Cities and Citadels , Towns and Castles , &c. For that End expect an impartial Account from a Candid and ( I would , if permitted , say ) a Regular Pen , that neither profits nor loses by imbellishing or demolishing either her Towns , Cities , Forts or Fortifications . But the longer I comment upon this Northern Subject , the more Arguments I bring to convince the Incredulous , that Scotland's national Stores , and commodious maritime Ports , will treat you with good Accommodation and civil Entertainment . Nor do I seem to contradict my self , when modestly concluding every impartial Examinant under the Perswasion of my Opinion : nor doubt I to convince him , that shall hereafter trace her delightful Shores , and observe the various and distinct Classes of her numberless Numbers of Fish and Fowl , her lofty and domineering Mountains , and mountainous Ascents burdned with Firs , her pleasant and fertil Fields fill'd with Corn , and her Meadows and Pastures crowded with Herds of Cattle , but that he will conclude with me , that her Cities and Sea-ports flourish under the Conduct of Trade and Navigation . And where the gilded Highlands are the Lowlanders Prospect , and the Skirts of the Hills sanctuary to the bordering Planes , shading her Plants from the fiery Strokes of the Sun in Summer , that defends them against impetuous and immoderate Cold in Winter , incident there to in regard so situated , that it lies North Latitude near fifty nine Degrees , though reaching the Cusp of our Southern Situations . Formerly , I confess , I flattered my self with Scotland's Intemperance ; but my Opinion is otherwise now , because having sufficiently examined to the contrary , and adjudg it an Error in any Man to denounce Sentence before Examination . Are the Artick and Antartick Poles at variance , because of Distance and seemingly contrary Actings ? or stand they in opposition one to another , because Aristotle's Philosophy could not reconcile them ? Must it therefore follow that there 's no Correspondency , no Congruity nor Harmony betwixt them ? when it 's evident they are exerted by the Universal Spirit of Nature , whereby they act and react upon one another : else would the Tides of themselves stand still , and because wanting Motion , the Ocean would stagnate , and at last result in Putrefaction ; so by consequence invite a new Creation . Let Scotland therefore be England's Chalybs , and let England be unto Scotland a Magnet to attract , contemporate , and mingle those Northern Severities , by Southern softned Reflections of moderate Heat ; lest peradventure the Rose withers , and the Thistle meet with the fatal Stroak of the Syeth . Nature is but one in all her Operations . So let these two famous and flourishing Kingdoms survive their Enemies , whilst I strip off some of Scotland's sweetest Flowers , to present them to Cambridg , the place of my Nativity , with this legitimate fair One ; intending her an Academian there , because I fancy in Time she may grow a Proficient , when at present to appear so amiable in Rags ; and probably deserves better Ornaments than my slender Education is capable to give her , whereby to manuduct her to point the Ground , till she her self treads the Stage of the World , as her Heroick Ancestors have done before her . In the mean time , let me flatter my self , that no Gentleman will be so ingenteel to censure my Survey , because not lineally Artificial . I grant my Methods might have been reformed by riper Judgments , and my Discourse placed in better Order , which possibly merits a Reproof : but I have this for Answer , that I 'm but a young Practitioner in the Press ; and because finding my self obliged to conduct and pilot a Northern Princess ashore , I laboured all I could to bring her to the Borders , expecting some others in readiness there to give her Entertainment . But I found my self defeated , and this beautiful fair One neglected , notwithstanding all the Shores were crowded with Spectators , that viewed and reviewed her modest Approaches , yet none had the Manners to bid her Welcome . However , since she is come , I 'll present her to the Angler that treads the shady Tracts and beautiful Shores of Cam : together with the rest of the Fraternity of the Rod , that ramble the Margin of famous Thames , Trent , Severn , Owse , Tweed , Tine , Eden , Ask , Dove , Darwin , Tees , Yor , Air , Need , &c. Now since no Art more than Angling elevates and advances the generous Mind of the Contemplative Angler , let me invite and encourage him to patrole the solitary Streams of Trent , if he purpose to undergo the Toil of the Art , before he publish himself an Artist : for the Practicks of Angling won't appear legible , whilst the Theory remains paradoxically unintelligible , ( here 's a Cypher prick'd down instead of a Figure ) so that should I emblazon or intitle my self an Artist , or a Proficient of the Rod , how can I avoid running the Risque of being reputed Ostentatious ? On the other Hand , to remain silent after the Periods of Forty Years Exercise , every Angler will censure me ignorant , and my Silence interpret me wilfully obstinate . Thus I steer betwixt Sylla and Charybdis . But as I cannot impede or hinder the Thoughts or Suggestions of any Man , so by the Law of Retaliation , no Man ought to hinder or misinterpret my modest Resolutions , when but to challenge the Degree of an Undergraduate in the Art. Nor have I confidence to raise my Ambitions higher ; than to superscribe my self an Admirer of the Rod , and a Lover of silent and solitary Streams . Let my Writings therefore remonstrate my Experiments , and my Experiments manifest my Zeal for Solitudes , and my natural affection to the Place of my Nativity , which can never be wanting whilst I 'm in a capacity to speak or write my Name , Philanthropus . A Dedication to the Gentlemen Piscatorians Inhabiting in or near the sweet Situations of Nottingham , North of Trent . GENTELMEN , IF to violate Faith ( though but with Infidels ) we forfeit not only our Reason , but Religion ; so not to dedicate some part of my Experiments to your Ingenious Society , might justly prohibit me the freedom of tracing your flourishing Fields and fragrant Meadows , inamel'd with Flowers , that perfume the beautiful Suburbs of Trent ; upon whose delightful Banks I formerly used to spend some solitary Hours , in pursuit of the scaly Fry , and where the Plenty and sweet Situations invited me not only to contemplate , but improve this mystical Art of Angling : though it 's true , the Rudiments ( in the minority of Youth ) were laid in Cam ; yet Silver Trent's orient Streams graduated my juniour Experiments , by unfolding her Meanders , and making obvious the Intrigues of her rapid Fords , replenished with variety ; nay so great variety of Fish , that only to express it would almost bring Truth into Suspicion ; when from the more profound and solitary Deeps , the Artist ( if expert ) may summons up Lucit , and the generous Race of Salmon . But , Gentlemen , I am not Angling now , I 'm only telling you those original Motives to this solitary ( and Piscatorian ) Science , that grew up with me when an Adult ; for then I courted the shady Streams of Cam ; but Trent ( as I told you above ) gave me Education . To Trent therefore ( and the Place of my Nativity ) I direct my Influences , let Malice do its worst ; nor are they extravagant Notions , nor broken Fragments , collected from Foreign nor Domestick Authority , but lineal and practical Experiments and Demonstrations , drawn up and cultivated by the Mediums of Art , and the exact Methods of Observation ; which without vanity , I dedicate to your Society inhabiting the flourishing Ports of Nottingham ; which I doubt not you 'l accept of , though not much to inrich you ; however you may taste of those solitary Hours laboriously spent in Great-Britain's Hellespont , ( the famous Trent ) where I used to refresh my self , and ramble up and down her delightful Fords , to gratify and satisfy others as well as my self with the Fruits of Experience . So that should I call Sea and Land Elizium , it 's not altogether improper so to do , since Earth and Water compleat but one Globe . In those florid Fields , near the Fords of Trent , I frequently wandred up and down to crop the Buds of Experience ; yet I plundred no Man's Orchard to enrich my Arbory , nor borrowed I other Mens Labours to adorn my Discoveries : the Bounty of Heaven , that always blest me with benevolent Success , restrained me from rifling the Records of my Ancestors ; when to put a Rod in my Hand , and place a River before me : so that I should offer Violence to Reason and Art , if now to consult the Authority of others , when such a large and legible Folio to write by , as the great and stupendous Volume of the Creation ; which to contemplate , interprets the Divine Practice of Solitudes , and becomes not only contributary to the present , but the future Generations . To study Contemplation is the high way to Heaven , where the Suburbs consist of a Divine Composition , and where you may read by those Oracles the Stars , the beautiful Order of Celestial Bodies , and the great and lesser World all Harmony ; for Heaven and Earth are Correlates , which duly to contemplate , poises our Passion , and baffles our Pride ; which necessarily pursues the Foot-steps of Generation , as naturally as Rust follows Copper , which without dispute is the Death of the Compound ; consequently Tradition , if penitentially admitted , and Ignorance opposed to the Mediums of Art ; there uncultivated Arts present no Dispondencies , nor need a Man solicite Reality in Practicks . But this I oppose , and confidently assert , he that licks up the fabulous Fiction of slippery Authority , to confirm his false and untenable Position , brings unsound Arguments to prop and support the slender Faith his Opinion leans on ; whereby he exposes himself to Clamour and Reproach , and the Censure of every judicious Examinant . Give me leave therefore to remonstrate my Resolution , since the Arguments and Allegations in my Book are my own . Yet had I rob'd Virgil to adorn my Muse , peradventure my Fancy had been more fruitful ; but take it as it is , since so freely dedicated to the Virtuosos of the Rod , from whom in modesty I may reasonably expect some charitable Censures of this my Sober and Contemplative Angler ; advising them to direct to the Gnomen of Practicks , omitting Theory , and the useless Prescriptions of the Antients . Then shall no Man need to grope the Invention of others , but manifest every Truth by plain Demonstration . Thus far I may safely sail under the Angler's Protection : but should I write Marginal Notes , and place them to the Test of unpractical Anglers , beyond dispute I should split on a Rock , and wanting a Pilot to bring me off , I might live without Hope , and die in Despair ; which I resolve against , whilst capable to write my Name , Philanthropus . THE PREFACE . Courteous Reader , LET me manuduct you through the slender Margin of my uncultivated Book , to contemplate the Evangelical Sweets of Reason and Religion , two requisite and necessary Priniciples for a Christian. For since it hath pleased God , through infinite Mercy , to breathe into Man a rational Soul , whereby he was made Lord of all the Creation , to govern and conduct the Creatures committed to his Charge , with respect of Duty to his Sovereign Creator : this capacitates Man to act prudentially ; for imprudent Actions proceed from Rashness , and the inconsiderate poize of Reason . So to be religious , it 's the Christian 's Corona , that enables him to contemplate his present State and future Felicity : Which to accomplish , he must cruciate himself with his Thoughts and his Lusts , and strip himself of all imaginary Vanities , to ruminate how the certain uncertain State of Mortality in a Moment breaks up and terminates in Death . And it 's requisite it be so , since the Body's Solution displays the Soul's glorious Ascension out of this elementary Tabernacle of Earth and Clay ; whereby with more vivacity she may elevate her self on the Wing of Faith , by Divine Attraction , to those glorious and invisible Exaltations : which beatifical Vision , no mortal Tongue can well express , nor can Mortality conceive nor enjoy here , save only by a Divine Faith , and a Holy and Heavenly Speculation . Now , how necessary is the study and practice of Christianity , the true , noble , and the heavenly Birth ! For a Christian is such by Regeneration , and to be regenerate is a Child of God ; and a Child of God is a Saint here . For militant Saints in Grace here , shall be triumphant Saints in Glory hereafter , made beauteously to shine in the New Jerusalem , and wear the Royal Badg of Heaven , and that 's an immortal Angelical Crown ; to which is affix'd the Diadem of the Divinest , in legible and intelligible Characters of the Cross. God in Love with his own Image , beautifies and adorns the Soul with Immortality . It 's true , Heaven knows no Limit nor Dimension ; but Earth has Periods . With what Circumspection therefore ought we to travel through this mortal Pilgrimage , to the sacred Temple of Piety and Devotion , where the blessed Sweets of Eternity , are perpetually tasted by contemplating a Preparation for Death . And what is Death but the Key of Eternity ? These and such like pious Considerations , lift up the standard of the Mind to the Elevations of Contemplation . For if the Progress of Life be but one single Scene of a Tragedy , of necessity the World must be the Theatre , Life the Prologue , Heaven the Design , and Death the Exit . So not only to live , but to live well , imports a well-dying ; and to die to Sin , is to live Eternally . Thus whilst premeditating the Life of Solitudes , give me leave to publish to the World this mystical Art , and the Intrigues of Angling ; and because animated by the Mediums of Experience , I thought it Argument good enough to gratify the Age , and reward the Industirous with Trophies of the Art , which indeed is the ultimate End and Period of Experiment . Now tell me a better Accommodation than what naturally flows from solitary Hours solemnly dedicated to the Divinest ; when to discourse with Birds in shady Bowers , and converse with Fish in Rivers and Rivulets ; to obliterate the World and vain Conversation ; so take our flight as high as Heaven , by Divine Faith and Heavenly Contemplation : such a Life as this explains the Angler not only a Monument of Patience , but Experience : so that Ambition can never be a Bait to ensnare him , that already is delivered from Pride , and the Arrests of Arrogancy . O how sweetly does such a Man's Habitation smell , whose Entertainment and Salutation is the Dialect of Peace , where every Action , if thorowly examined , reads harmonious Lectures of Concord and Content , labouring what in him lies to stand a distance from this ambiguous World , whilst the World pursues her flattering Admirers , and such only as vainly heap up accursed Riches to perplex themselves , and blast Posterity . But I fancy , and it may be but a Fancy , that some prevaricating Zoilist will arraign my Hypothesis , and stigmatize Anglers ( and the Art ) with those black Blemishes of Barbarity and Cruelty , when only design'd to kill a Fish. To which I reply , That the Creatures in the Creation ( by Divine Appointment ) were appropriated for Vse , and what may that Vse be , if not the Refreshment and Nourishment of Mankind ? Adam had a Commission from the King of Heaven , impowering him Lord over all sublunary Creatures . Will any one question this Privilege ? And Peter was commanded to arise , kill and eat ; when doubting with himself the Legality of the thing , who disputes this Commission ? Now for any Man to question these Divine Truths , ( except a Banian ) be questions the Scriptures , the Authority of Truth . The Creatures in the Creation ( we must grant ) were design'd for Nutrition and Sustentation ; yet no Man had a Commission so large to take away Life upon no other account than to gratify his Lust. Then the next Question arising will be , Whether the Rod or the Net is rather to be approved of ? I have only this to answer , ( since both contribute to Health and Maintenance ) the Apostles themselves they used the one , why then may not the Angler plead for the other ? Thus far I enter the Angler's List , and resolve to encounter this critical Age by promulgating the Series of the Art of Angling . But to shape out Rods , twist Lines , and appropriate Times and Seasons , with variety of Waters , and sutability of Baits ; as also the making of Instruments , arming of Hooks , forming the accurate Proportion of Flies , shaping of Corks , staining of Quills , forming of Swivels , and drawing out Wiers , besides casting of Plumbs , and moulding of Shot , I resolve against ; for it 's nothing my Business , though a Task neither intricate nor tedious to the several and various Artificers pregnant in the Art. For that end you may dedicate your Opinion to what scribling Putationer you please ; the Compleat Angler , if you will , who tells you of a tedious Fly Story , extravagantly collected from antiquated Authors , such as Gesner , Dubravius , &c. but I rather commend you to famous Isaac Owldham , whose Experiences sprung from the Academy of Trent : so did that eminent Angler , George Merrils ; and as eminent as he was John Fawlkner , whose known Abilities to cultivate this Science ( both for Directions and Manuels ) I modestly prefer before any other . Yet how frequently is this Art promulged by Mudlers , and under the plausible pretence of Anglers ? when upon examine you 'l find them deficient in Practicks , and indigent in the lineal and plain Tracts of Experience ; yet so fortified with Confidence and Ignorance , enough I declare to make an Artist blush , if only but to hear them assert , that from one River in a Nation , all the rest may be nationally understood : which preposterous impertinent Opinion , if I should not publickly oppose , it would seem to confirm and assign me a Confederate with the Rout and Rabble so ignorantly opinionated . But I shall offer my reason , to avoid the suspicion of an Imposture , lest I be thought to traduce my Proselytes into the extreams of an Error ; otherwise I had shrowded my self under a Taciturnity , had not I dreaded the Censure of other able and practical Anglers , that in reason may expect a replication from me . For that end , I publish this Treatise to the World , where my Arguments are synonymous , connect together like Links in a Chain , in opposition to that inconsiderate Opinion , that by one River all the Rivers in England , &c. may be included for Fish and Diversion . Which is alike probable , that an Orchard without Cultivation , should produce Foreign Fruit : or the Peak in Derbyshire , should assign us Gold instead of Lead , or the Minera of Oar. Now supposing this eminent difficulty resolved , yet some will be solicitous to puzzle themselves about Baits and Seasons ; so that I foresee it will aggravate and fret their intoxicated Patience : Where note , such may search ( as already prenoted ) in the mouldy Records of Androvanus , Dubravius , Gesner , or Isaac Walton , whose Authority to me seems alike authentick , as is the general Opinion of the vulgar prophetick : for neither all nor one of them is an Oracle to me , Experience is my Master , and Angling my Exercise ; yet moderated so , that I don't always employ my self with throwing in , nor haling out , as Pochers do , that covet more than their Panniers contain ; this makes the Sweet of their Labours unprofitable , when the Angler only designs Diversion the final end of his Recreation . However , somewhat of this Nature is expected from me , otherwise the Prejudicate will conclude me ignorant , or affected with paucity : but I shall prevent that Suspicion , by publishing to the World this Treatise of Angling ; wherein the Practicks are manifestly divulged , though the Contemplative be but in part express'd . And what hinders ( I pray you ) to withdraw sometimes from the trembling Streams of Trent , to dedicate your vacant Hours to the Shrines of Solitudes ; to sit upon Rocks , or in shady Groves ; there to contemplate the beautiful Creation , and meditate our present and eternal furture State ; so with a holy and reverentical Fear , call to mind the Creator and Original of all Things ; through whose Wisdom Kings rule , and Princes decree Iustice ? But doubting some may want other moral Inducements , to such I have brought a Glass of Morality , wherein they may view the World's state of Inconstancy ; but to the more religious and contemplative Angler , a Model of Piety , ( Jacob will struggle hard for a Blessing ) where be may see the inamour'd and Seraphick Soul surmount the Aether , whilst Earth-worms like-Otters prey below upon Fish. Now to such as love Travel , I have brought them History , but to such others as love Fish and pleasant Waters , my Treatise : for the studious Geographer , here are Cities and Countries , but for the active Engineer , Castles and Citadels . Should thy Fancy be mean , here are shallow Brooks ; deep Rivers require the skilful Art of Swimming . Thus my Book seems a Mart , where a Man may trade for Trifles , or merchandise for things of greater Value . The World is all Purchase , and Death the Pay-master . Think not therefore to naturalize Earth into Heaven , since every thing adheres and partakes of its own Nature . I advise therefore the Lovers of a solitary Life , to study Sobriety , Temperance , Patience and Chastity ; for these Divine Blessings are the Gift of God. So is Contemplation , which never shines so clearly as when retired from the World and worldly Incumbrances . Woods , Rocks , Grotta's , Groves , Rivers and Rivulets are Places pick'd out for Contemplation ; where you may consider Creational Work , and melt with the warbling Notes of Philomel , and the innocent Harmony of musical Birds , that deliciate the Air , and delight the Attention . Or you may proportion your Meditations with the Pulse of the Ocean , or the soft and murmuring Complaints of purling Streams , that imprint their Passions as they pass along , when melting the smiling florid Banks . Nature consults no Artificer to imbellish and adorn her illaborate Works ; and shall the God of Heaven , the great Creator , draw his Lines from the faint Shadows of Nature ? Pray but consider , who makes the Sea keep her regular Motion , the Constellations their Rotations , and the erratick Stars roll in their several Orbs ? Are not all the Reins of Government in the Divine Hand of him that made them ? Is not the Christian's Diadem , and the Purchase of the Cross there ? Liberty and Freedom there ? the sweet Tranquillity of Peace there ? the blessed Society of Saints and Angels there ? Iustice and Mercy there ? the results also of Life and Death there ? And where shall we be found if not there , in those everlasting Arms of Beatitude , that exert our Souls by the Divine Ray of Contemplation ? Study Patience , practise Humility , and let Repentance be our daily Exercise ; since these with other Vertues , are Duties incumbent . Then may we sing Hallelujahs at an Angelical pitch ; and that 's a strain above the World's Ela. These , and such like Divine Impressions , we ought to imprint on our immortal Minds , when with impatieney we pursue our Exercise , either to the River , or solitary Lough . For the Taper burns , and the Thread of Life ( because lap'd up in this fine tiffany Web of Mortality ) like a Meteor terminates sometimes in a Blaze : Too late then to confer with Reason , or think of Religion . So farewel , and be happy in the Rules of Friendship ; but happier to live in the amiable Arms of Vertue , ever honoured , and admired , by thy Friend Philanthropus . To my Book . GO , tell those Men that bait their Hook with Gain , That plow the Hellespont , and cross the Main , To fish for Gold in ev'ry muddy Pit , And hourly wait for ev'ry paltry Bit ; That make their Shops the Fishponds , and the Fry , Knacks of all sorts , to catch the Standers-by ; That trole with silver Hook , but use no Rod , And freely strike , perchance the Line but nod : That use no other Links than such as are Compos'd of golden Threads , not Stone-horse-hair : Such mudling Anglers , all the Baits they lay Tempt nothing more than Arguments of Clay . Not well consid'ring , all this while they paddle In Craesus wealthy Ponds , their Eggs prove addle . For when they come to scale their Fry , and Cook , Ev'ry surprize reach'd them with silver Hook ; They must conclude more Fin than Fish was caught , 'Cause ev'ry Action proves an empty Thought . Come , trace the Angler's footsteps , he will lead Thy Genius to some Grove , or Rock : there feed Thy thoughts with Contemplation ; whilst most Men Think such retirements but a Cave , or Den : And I 'll assure thee when thou com'st to know Those Vertues that from Contemplation flow , Thou surely wilt conclude the whole Creation Was made for Man ; Man , but for Contemplation . Philanthropus . To my Honoured Friend Capt. Richard Franck , upon his Contemplative Angler . I Am no Fisher , But a Well-wisher to the Game : And as oft as I look And read in your Book , so oft I blame My Minutes spent with frothy Recreation , Whilst others live aloft by Contemplation . It s true , sometimes I read In Cambden and Speed , and sometimes Mercator : Yet in them I can't spy How the scaly Fry floats in the Water . We grant those Anglers were elaborate To fish the World ; but you the Anglers State. John Richards . To my Worthy and Honoured Friend , Capt. R. F. on his Contemplative Angler . SIR , you have taught the Angler that good Fashion Not to catch Fish with Oaths , but Contemplation . No Man that 's Wise , but out of good Intention Will hug your Plot , and well-contriv'd Invention . To take the Fowl , and Fowler let alone ; That 's not the killing two Birds with one Stone . But he that catches Fish , and Fisher too , Has done as much as Man or Art can do . Honour 's the Bait for one ; but silly Flies Are mortal Engines for the scaly Fries . And he that thinks to scape the present Danger , Fastens himself , thinking to noose the Stranger . For one or other's still catch'd in the Net When Politicians have the Pool beset . And haling to and fro , to fill their Dish , Lites on a Chub perchance , or some such Fish , That dies without Redemption , unless be Amphibion-like , can live by Land , or Sea : But in the Calms of silver silent Trent , There 's no such danger in the Turnament . For you may fish till Sun-set , nay all Night , Find but your Gamesters a fresh Appetite ; And that a Bait will do , when you would court Your Game ashore , that dies to see the Sport. Mercurius Hermon . To my Honour'd Friend Capt. R. F. Author of the Contemplative Angler . I Know , Ingenious Sir , that Sol's bright Rays Make Tapers useless ; so will be my Praise Of this your Angler , for what I express Can nothing add to that illustrious dress : Except in this , as Colours dark , we know , Cause brighter Colours far more bright to show . The Garb it 's clothed in , indeed is Rich ; Made up of neatest Ornaments of Speech ; Grac'd with most pleasant Fancy , and the Flow'rs Of purest Elegance , pick'd at such Hours When you have sat to hear the Muses sing On the sweet Banks of the Castalian Spring : Adorn'd with most curious Observations , Ioin'd with most sober Contemplations : Things both Divine and Moral , and withal Pleasant Descriptions Geographical : Full of Ingenious Variety , Mixt here and there with dainty Poesy . So that there 's scarce a Line throughout the Book That is not furnish'd with its Line and Hook , With which the Reader will be caught , when 's Eye Is searching how to cheat the scaly Fry. Ladies will make it their Companion , And learn by it to fish in Hellicon . Who , when that their fair Eyes shall chance to view Your active Fancy , will with haste pursue After the same , to see its utmost flight ; And so involve a progress of Delight . Here 's nothing to offend their Eyes or Ears , Nor fill their tender Breasts with dismal Fears . No horrid Plots , nor base Conspiracies , Nor noise of Arms from Mars his Nurseries : No Fields of Blood , nor Air disturb'd with Tones Of harshest Discords sent from dying Groans . Arnoldus , and Theophilus will lead Them in more pleasant Paths : They now may tread On Scotish Ground with Pleasure ; for that Place Looks brisk and fair , since you have wash'd its Face . 'T will please them when they do behold the State Of this new Structure bravely situate : And then immediately they 'l fall in love With that alluring , and delightful Grove ; And those harmonious Birds that sit and sing , Whilst ev'ry pretty purling pleasant Spring Doth murmur as it glides , and loth to be Depriv'd the Sweets of such Societie . Here may be found those vertuous harmless Sports , That far transcend the Vanities of Courts . Here may be seen each Hill's majestick Brow Smile on the amorous Valley that 's below . Here may a Man enjoy such pleasant Naps , As Poets have upon the Muses Laps : Whilst gentle Zephyrus from Rosie Lips Sends whispers , which through fragrant Bushes skips Vpon the gentle Streams , that glide away Whilst Lambs do bleat , and pretty Fishes play . And thus through paths that strewed with content , You bring the Reader to the silver Trent , Vpon whose fertil Banks methinks I see Apollo's Darlings making Melodie : Led by your Fancies thread from their own Spring , And in delightful Tones sit sonneting : Who when they mention you in their sweet Lays , May th' Angler eccho your deserved Praise . John Slator . To my Honour'd Friend Capt. R. F. Author of the Contemplative Angler . ATlas i 've seen , and I have read your Book , Where ev'ry Argument's a Line and Hook To catch the curious Reader ; let him throw But to surprize the Fish , he 's surpriz'd too . For whilst in shady Streams the Anglers watch To catch the Fish , the silly Purdues catch'd . Nay I have seen , when I have seen you spread The trembling Streams with neither Silk nor Thread , That you with Horse-Hair upon throwing in , Has Fish surpriz'd that never wagg'd a Fin. Mussles in Trent , I 've seen them leave the Water , And swim ashore as if 't were them you sought for . Cheese after Meat prohibits other Dishes , And after Shell-fish rarely other Fishes . Now Anglers look about you , whilst you draw Your Game ashore , and preach the Common-Law Of Destiny , as if it were a Favour To sentence Death beyond all good behaviour : You know not but your selves in project may Be angled for , whilst you devour the Prey . If so , the Fisher with the Fish takes share , And both alike their fortunes equal are . Richard Johnson . The Author to the Poet. IT 'S true , you do allow a Man may fish In Trent's calm Streams , and complement his wish . What then ? were Trent all Fish , without content I 'd neither covet Fish , nor value Trent . The glorious Eye of Speculation differs From airy things that 's hung about with Ciphers . It 's not the Man that 's Rich , it is the Mind That makes him happy ' cause it's unconfin'd . Riches remonstrate horrid shades of Night The Day puts off , which Phoebus puts to flight . And Fear our flight pursues , so that where e're We lodg our Fears , Death he brings up the Rear . But Solace and Content , is such a Thing , And so Divine ; it 's great Jehovah's Ring , With which he weds the World , to make Earth's Portal The Celebration of things more immortal . For Heaven and Earth in unity repose , From thence our Contemplation sweetly flows . The great and lesser World 's all Harmony ; The Spheres are vocal Pipes , Man 's but the Key , That when Jehovah's Fingers touch to play , The ravish'd Soul shakes off this mould of Clay ; And hov'ring with her Wings , at last makes flight Vnto those endless Cords of true Delight . Philanthropus . A Brief DESCRIPTION of the Cities , Citadels , &c. in Scotland . With the Contemplative Angler . Theophilus . IT was in April when every Bough look'd big with Blessings , and the florid Fields , and fragrant Meadows ( adorn'd with Green ) sent forth their sweet and redolent Perfumes to refresh the Universe . Chanticleer then gave the Day a Summons , and the early Lark , earlier than the Sun , salutes the Air , whilst blushing Phebus paints and gilds the Azure Globe , whose Celestial Influence ( by refulgent Magnetism ) blest all the World with Prolifick Blessings : so that the whole Creation began to vegitate , and every Vegetation sent forth sweet Aroma's ; the Birds began now to build their Nests , and every Bird to choose his Mate ; whilst the Groves and delightful Springs , as also the Forests and unfrequented Desarts celebrated the fragrant Spring ; when the frigid Congelations of Frost and Snow were all struck dead by the blazing fiery strokes of the Sun. Arnoldus . What infer you from these pretty Metaphors ? Theoph. I infer thus much : The Vernon Ingress smil'd a Blessing , when she sent the melodious Harmony of Birds to melt the Air. The Nightingale with her warbling Notes , the Blackbird , Thrush , Linnet , and Golden-Jay , besides the Canary and delicious Bulfinch , fill'd all the Woods with their solitary Strains : And because beating the Air with such proportionable Harmony , every Bush became an Aviary , and every Grove a mellifluous Consort , whilst the purling Springs , and more shady Rivulets , softned by the gentle Breathings of Zephyrus , seemed tacitly to express a secret , whispering , silent Praise . Arnold . To whom ? Theoph. To whom think you ? unto Iehovah the great Creator . Arnold . Very well exprest ! Proceed . Theoph. Things thus posited , under such a rectoral Governance , my Reason , and all my Faculties were excited to contemplate the excellent Beauty of this stupendous Creation : but above all , when to consider Man Lord of this Creational Work , and invested with Power to conduct the Creatures , and intrusted with the Cargo of the whole Creation ; this I confess was very surprizing , when but to consider him in a Natural State , and compare him with the Excellency of Celestial Beings . Arnold . What observe you from thence ? Theoph. I observe him complicated , and compounded of Elements ; and Elements of themselves they drop in sunder . Arnold . But what if you take him translated into a State of Grace and Regeneration ? Theoph. Why then I 'll grant the first Death is past , and the second Death shall have no power to hurt him . Arnold . So far you 'll grant him to excel all created Beings . Theoph. Yes : But not as he stands in a Natural State. Arnold . Do but consider him a living Monument of Praise , inrich'd with all the Endowments of natural Perfection ; besides those eminent Qualifications of Piety , which intitle him Excellent , and confirm him a Creature adorn'd with all the signal Marks and shining Characters of this stupendous Creation . Theoph. Why so ? Arnold . And why not so ? Does not the Lion and the Leopard , with the Tiger , Wolf , Panther and Vulture , pay their Veneration to him ? Does not his very Aspect confound the Crocadile ? and with one superficial Glance of his Eye , he mortifies the Basilick . Consider the Composure of his Face and Features , together with the delicate Frame , and his well-compos'd Fabrick of Body : Do not these present him a Composition of Majesty ? Surely it does : for all the Creatures honour and adore him , which demonstrates him a Monarch , and of such a Princely Soveraignty , that the whole Creation pay their Services to him . Theoph. You wilfully misinterpret me , or prevaricate your own Judgment , by taking wrong Measures . That Dignity and Vertue ( you sum up ) that formerly shin'd as a Ray about him , is now become a Cloud , a promiscuous Cloud to obscure him . Arnold . How can I mistake my self , when to consider him in a most eminent State ; and such a Capacity of Beauty and Excellency , that the maz'd World think him more than a Monarch ? Theoph. They may think what they will of his Primitive State , but convinc'd by Experience , he is not so now . It 's true , the time was , when all the Creatures with a solid Submission humbled themselves before him ; but that was then in his State of Innocency , in Eden's fair Fields , before Transgression , before he unhappily found out the Art of Sinning ; then and there it was they paid their Veneration , but do they so now ? We experience to the contrary : for the Beauty and Majesty of that glorious Image was so macerated and torn by the Talons of Sin , that it has grown up since to a Flood , to deluge Posterity . This Act of Disobedience divested our Protoplast , and influenced his Successors so , that every Generation since Adam , has laboured under the same Predicament ; for that dethron'd Adam in Paradise , disinherited us , and Adam's Posterity ; there it was Man lost his Prerogative ; and here it is , Sin makes us less than Men. Arnold . Can one single Act in our Protoplast so vacate the Royal Grant of Prerogative , to enervate the Conduct of succeeding Generations ? Surely no. The glorious Act of Government shines universally in Man , and will so to the succeeding Generations . The whole Creation was placed in a Posture of Servitude to Adam , as he himself stood a Subject in Obedience to his Creator . So that if I rightly understand Creational Work , the great End was to discover hidden things , and manifest Idea's , with the Consequent of Production of their various Species . So that , under Submission , I may as rationally conclude , that the Creatures in the Creation have now , as then , a natural Right to bend their Submissions to Man's Princely Soveraignty . Theoph. I very much doubt it ; for no sooner Adam lost his Prerogative , but he he felt a Trepedation invade all his Vitals , and his Soul began to blush within him , because afrighted with the Aspect of Sin , that at a distance presented him the Picture of Death : now the same Death that strangled him , strangles all his Posterity . Thus it was when Adam lost his Government , and thus it is with us when governing imprudently ; for till then the Creation was unacquainted with Disguise ; nor till then did the Creature relinquish his Authority , till he relinquished his Primitive Simplicity . Arnold . What happened then ? Theoph. There happened a Change in all the Creatures , because they perceived a Change in their Conduct ; where note , ever since that general Revolt , the Creatures have been cautious to repose a Trust under mortal Protection , because destitute of Power to govern himself . Arnold . Will you deny Man a Soveraign Power and Divine Right , to intitle himself Universal Monarch ? Theoph. That 's not the Point in Dispute : I have already granted , that Adam's Divine Graces sprung spontaneously from the refulgent Ray of the Majesty of God. But what is that to us ? Can we restrain our Hands from Blood , and our Hearts from Malice , and precogitated Sin ? Now every Man knows the Reward of Sin is not Death simply , but Divine Justice , and Divine Justice bars out all the Footsteps of Mercy . Arnold . That 's undeniable ; however I 'm convinc'd , that could we but govern our own Irregularities , our Passions , our Ambitions , and exorbitant Desires , we should shine like Stars ( among Men ) and seem in some sort almost immortal . Theoph. That word ( almost ) was well put in : but to the Argument , as to Point of Government ; if unlike Christians we govern our selves , we tacitly slide into the Inconveniency of Slaves ; and such we may suspect our selves to be , because to sink under the weight of every single Temptation , by which means we sully all those excellent Privileges that adorned our Protoplast in his Primitive State. Arnold . What State then must we call this , a State of Apostacy ? Theoph. You may call it what you please ; for every Man is in a State good or bad , but worst of all is that State that lifts up its Hand to rebel against Heaven : Such were the Giants in the days of old , and such are we now because overgrown in Sin. How often have we violated the Authority of our Commission ? and how often have infring'd the Liberties of the Creation ? Now in the Primitive State there were no such Proceeds ; for then the Creatures flew as naturally to Adam's Hand , as terrified now they fly from ours . The Turtle then was heard in every Grove , now they coo no where except in Aviaries : all the Families of Birds then fill'd the Air , now they are compell'd to whistle in Cages : then they exprest their Gratitude with Demonstrations of Joy ; now they lament their Destiny , because doomed to die . This was the Golden Age our Ancestors liv'd in , but it 's the Iron Age we live in now . For Innocency in effect is almost lost , and it 's well if we lose not our selves . Arnold . However I cannot yield to this Conclusion ; that Adam's Commands were so torn and macerated , that surviving Posterity should neglect their Obedience : For if when to consider how many Generations have travelled through the Map of Time ( from our Ancestors to us ) and Time you know informs us of Experience ; How rational is it then to conclude ( but I only offer it for Argument-sake ) that was Adam repossess'd of Paradise again , and premonished of Sin , ( as we are daily precautioned ) whether or no it might not be thought to raise a Circumspection in him , to evade the Serpent , the Sin , and the Woman's Temptation ? Into this Opinion most Ages have crept , and our Modern Assertors , and Predicators approve on 't . Theoph. That 's a Point beyond my Sphere ; I meddle not with why may not's ; however I allow you a Privilege , and freedom of thinking or saying what you please ; but then you ought not to circumscribe Bounds to another . However , this I assert , That such was the Original Purity of Adam , in his State of Innocency , that his Graces then shined with Heavenly Rays , and Heaven we know is all Generosity . But every Generation since Adam , has so diminished that Beauty and Lustre , that from Men we are almost dwindled into Morts . Arnold . Ay , but my Friend , have you well considered , how that the formal Fabrick of Man's Natural Body , doth represent unto us the World's Epitome ? Why not then by the glorious Speculation of his Mind ( under a renovating and regenerate State of Grace ) he may represent something of the invisible Glories ? Theoph. You come near to the Point ; Did not the Generations more and more degenerate ? but this beyond Precedent has outdone all the rest . For by offering Violence against all that 's good , will at last offer Violence against it self ; and this is but just by the Law of Retaliation . Arnold . Why so ? Theoph. Because so vehement in the pursuit of Sin , we outdo our Ancestors ; and what 's the Conclusion ? Adam you see was made an Exile , and compell'd to relinquish the Sun-shine of Paradise , he was forced to sit down under the Shades of Mesopotamia : but we renounce both Law and Gospel , to monopolize the World , and aggrandize Posterity ; this is now our deplorable State , compare it with Adam's , and give your Opinion . Arnold . My Opinion in short is , Adam comes short of us : for as he was the Father of all his Posterity , so , as Father , we patronize all manner of Impiety . Now I have given you my Opinion , how do you approve on 't ? Theoph. I 'll sum it up thus . Whilst Adam stood in Purity his Beauty shin'd without Deformity ; so that by the Will of the Divinest , had he kept his Station , Posterity had never been doom'd to die by the cold and icie Finger of Death . Arnold . O Theophilus ! that one single Sin should so deform him that was elevated and exalted above the Beauties in the Creation ! Theoph. Just so it happ'ned to that bright Star Lucifer , ( and his aspiring Conspirators ) whose Ambition dethron'd him , and so it will us . He striving to get above that that was super-excellent , lost that Excellency the Supreamest had given him . So we placing our Affections on exteriour Objects , we but inamour our selves with our own Similitudes : Judg of the Consequence . Arnold . Is the Law of Nature a standing Rule or no ? If it be a Rule , it ought to be obeyed ; for its natural in kind to answer kind . Theoph. Can Nature , as Nature , exert our Zeal , to stir up in us the lively Act of Faith ? Surely Faith is no Part of Creational Work , it 's rather a Bough or Branch that buds up from Regeneration . The Excellency therefore of the things that are , are not of themselves , but dependent on some other infinitely more glorious ; such is the Creator . Arnold . He that made the World had no need of Assistance ; but all things that are made were made by him alone . Creational Work therefore was discovering hidden Ideas , and making Invisibles to appear visible . Theoph. God the Creator made himself manifest , in time , by his glorious Act of Power , in creating ; who by his eternal Wisdom and Providence upholds it , that it drops not asunder . Arnold . That 's manifest by the Eye of Sense ; but he that sees by the Eye of Faith , sees beyond the Creation , for he sees the Creator ; and in seeing him , he sees his Redeemer . Theoph. Why then struggle we so hard after superficial Knowledg , to defeat our selves by the dull Prospect of Sense ; for if when to create Inquietudes in our selves , we labour and toil with unprofitable Anxiety ? Arnold . What but the Curse anticipates the Blessing ? Man and the Creation were made in time , and Time was drawn out by the Wisdom of God ; but the Understandings of most Men differently discerning , differently distinguish , till Time , the Harbinger of Eternity , eats out his Character , so translates him to the Shades of his silent Sepulchre . Theoph. What infer you from this ? Arnold . Solomon was a Man inspir'd with Wisdom , and endued with Understanding ; and God gave him Eyes to foresee the Vicissitude and Revolution of Times and States . Theoph. Solomon had a Divine Soul , incorporated with humane Nature , whose Ambition ( if proper to say so ) coveted Wisdom rather than Wealth : and God answered his Desires . In that Day Solomon was the Jewish Oracle : but every Day is the Almighty's Holy-day , and Time and the World like a Globe in his Hand . Consider therefore , the same Excellency of Spirit Solomon had , hovers still over us , like a Glory about us ; and by Divine Permission over every Generation : But because falling short of Solomon's Knowledg ( and Divine Speculation ) we do not as Solomon , all alike discern . Arnold . Grant the Argument admits of no Contradiction , yet you will find it a Task difficult enough , to study the Art of Self-resignation . Theoph. Solomon , you grant , he refused Wealth for Wisdom . But what think you of Saul , that went as far as Endor , and rak'd up the Ashes of the Dead , to enquire a Victory ? Arnold . I think the Case different , both in Nature and Quality ; the one chose Wisdom , but the other Witchcraft : so to connect them together , draws on a false Conclusion . Theoph. Then the Consequence follows ; Saul's reasoning with Flesh and Blood , as it was impious ; so his Application to Sorcerers and Necromancers was also diabolical , who to accomplish the End of his Conspiracy , consults not Endor only , but the Brood of Infernals . Arnold . He did so , who denies it ? I know what you 'll alledg , you 'll tell me the Tree is known by its Fruits . I grant all this , and what then ? yet I dare not interpret Saul a Son of Perdition : God's Mercy never wants Wings to fly to the disconsolate Penitent , whose Mercy super-excels his Divine Acts of Justice . Therefore judg not Saul , lest we judg our selves , when by the Heart only things are legibly construed . Theoph. It 's true ; the Heart made legible , discovers a Phenix or a Vulture ; the first living , ( as Hippocrates says ) and the last dying : so that neither Physick nor Philosophy can make mortal immortal . There 's neither Energy nor Excellency in the superficial Form : Vertue lies conceal'd , as a Jewel in a Cabinet : No Man therefore can be read by his Species . Arnold . To grant your Conclusion , proves the thing less difficult in knowing others , than to search within to know our selves . Solomon had Wisdom and Divine Discoveries ; and Saul had Courage to encounter the Philistines . Theoph. That Authority that tolerates Solomon to have Wisdom , the same Authority concludes Saul inquisitive after Witches . Arnold . Admit it does , ( what then ? ) that Power that gives Life a Being , is indisputably more noble than the thing that has Life . God created the World , and by Wisdom animated it with Life ; so that Life shines every where , in every Individual ; this is manifest to every Man , and every Creature that breaths in the Creation . Theoph. This I agree in , but I can't reconcile my self to your Opinion , that Solomon and Saul's Case run in parallel Lines : Lucifer and Michael , though Stars of the first Magnitude , yet they paid not equal Adoration to their sovereign Superiour . Arnold . I don't question but you will grant , that nothing has Life of it self , but from something else that 's eminently superiour : That the World is governed by Divine Providence , and that every Beginning is destinated to Death in time . Theoph. All this I grant , what infer you from thence ? Arnold . I infer and observe you are somewhat too severe in censuring Saul's Sin by the Rule of your Judgment unpardonable . Now for one Man to take upon him to judg another , he betrays his Rashness , because his Judgment is not infallible . Theoph. I know where it pinches , you 'll hinge upon Mercy . Arnold . I must tell you that God is a merciful Judg , whose Mercy , as recorded , is above all his Works ; and a Mystery so sacred and secretly conceal'd , that Angels themselves dare not pry into it ; How then shall Man discover this admirable Arcanum of Mercy , when lock'd up in the secret Cabinet of Heaven ? Let us not assume such previous Conjecturals , but rather consult and expostulate Death , since Death is the Wages and the Reward of Sin. Man and the World terminate in the Arms of Death , because they alike consist of elementary Principles : But Death will be found the Extinguisher of Life , except that Life that 's lighted by the Torch of Regeneration ; that Life will outlive the second Death . Theoph. But you 'l agree in this , that a vicious Man living ( and reigning ) in Sin all the Days of his Life , his Life may be taken for a living Death . Arnold . I 'll comply with any thing except Censoriousness ; for that end trumpet not Solomon's Praise too loud , lest the Eccho resounding , ecchoes Ostentation . On the other Hand , not to hope an Indemnity for Saul , we straiten God's Mercy , which is infinitely boundless . So let 's leave it to the Judg of all the World : for if the World be left to determine this Case , she 'll denounce a false Judgment , because of her Partiality . Nay , she may be suspected uncharitable too ; and such are we , if Children of the World , because subject to err by the Rule of Instability . Theoph. You bear hard upon me , yet I 'm loth to give up the Cause ; there 's little or no Difference in the length of our Weapons : but this I 'll say , so drop the Argument . Solomon was an Oracle of Wisdom and Learning , and the blazing Star that shin'd in Ierusalem . And Saul was a King , and the first King in Israel ; but then he was that King God gave in his Wrath , which was soon after removed , for David stood in Saul's way . Arnold . So did Vriah in his , when inamoured on his Wife . Theoph. But David was a Prophet , and a Man of God ; and Saul was censured for his impious Exorcisms , as if the Tincture of Regeneration was obliterated in him . Arnold . God forbid that the Sting of Sin should be so venemous a Poison , that no Antidote can cure it ! Did not the Lord of Life die to conquer Sin , and Death , and Hell , in every Believer ? Let us be so charitable as to parallel Saul with Sampson , who had his Dalilah , as Saul had his Endor . Here we read that David found Repentance , after the Prophet's Reproof : And Sampson had his Satisfaction upon the Lords of the Philistines . These two had their Pardon feal'd before Death ; and fain would I be so charitable to conclude so of Saul . Theoph. Ay , but Saul's Fault is writ in Capital Characters . Arnold . That 's instituted for our Admonition , and the Reformation of succeeding Generations . Theoph. O Arnoldus ! the Generations to come will abominate this , that inflames it self to set the rest of the World on fire . Arnold . Then let them burn and consume one another ; for Lust and Pollution augment the Flames . Theoph. Do not all the Nations and Kingdoms about us exhaust their Treasures to indulge themselves , and devote their Services to the Hypocrisy of the Times ? Arnold . It 's rare ( to a Miracle ) to find Faith amongst Men , especially such as daily expose Conscience to the wreck of Opinion : And he that makes a God of his Belly , devotes all his Services to his luxurious Appetite . Thus Men , as by Machination , traduce one another into the Devil's School , to brazen themselves against the Modesty of a Blush , lest Sin should be thought to be shame-fac'd : And others raking up the Embers of Revenge , fire themselves by quenching the Flames . Theoph. So let them . But what 's all this to our Angling Design ? Arnold . Stay a little till we come to the Water-side : In the mean time I have a Question to put , and that 's this ; How comes it to pass that the Hinge and Poize of Politick States , move and turn about with such rapid Motions , that Kingdoms and Potentates are dash'd in pieces ? Theoph. The Naturalist , we see him consult Natural Causes , and the Judicial Astrologer Planetary Events ; but the more Religious devotes himself to the Providence of God. Is there not a Time for Frost , and a Time for Hail ? a Time for Rain , and a Time for fair Weather ? a Time for Revolution , Dissolution and Death ? and all these Times and various Changes are exercised by him that holds the Poize and Ballance of Government . That Naturalist therefore that concludes a Divinity in Celestial Influences , does but grope in the dark ; and the Astrologer pins his Faith upon other Mens Sleeves . Arnold . You tread upon the Heels of my former Assertion . Theoph. What if I do ? I hope not to hurt you . The Prince of this World rules in the Air , insinuating himself into the Heart of Man , from whence comes War , and the Rumours of War , as Rapine , Ravages , Murder and Blood. Does not Pride strut up in the Face of Piety , and Hell presume to justle Heaven ? And can Good and Evil ( think you ) run in parallel Lines ? No Arnoldus , I perswade my self , this Age lives within one Step of Destruction , were it not upheld by an Almighty Providence . Arnold . O the Subtilty of Man's Heart , that nothing but Arrows from the Almighty can reach it ! Theoph. He that reads his own Heart , without a Perspective , reads all the World ; but to know God is Life eternal , and that 's more than the World knows , because wanting the Key of Knowledg . Arnold . Man is like a Ship in a turbulent Sea , where every Wave threatens him with Death , and every Gust of Wind one Step to his Grave . How mindful therefore ought he to be of Well-living , which answers the Ends of Well-dying . Theoph. Divinely alluded ! Man therefore by how much the more honourable he is than the rest of his Fellow-Creatures , by so much the more nobly and divinely ought he to be exercised in the Piety of Christianity and Self-resignation . Arnold . This is good Advice , but still methinks I see a Storm coming ; not that I prognosticate another Revolution ; No , no , rather a Desolation by Sword or Famine : for Sin , like a Granade , tears up all before it , and rips up the Foundation of Kingdoms and Common-wealths . Theoph. It is true , Sin is the original Cause of all National Calamity ; and there is no Satisfaction for Sin , but the Death of a Saviour : The Cross must purchase the Crown : The old Man must die to seal the Regenerate Birth . What have we to do but consider the transitory State of things , and the Stability of that that gave them a Being ? Here 's nothing but rumbling and jumbling about us , till he come , whose Right it is to reign , and subdue all Monarchs , and make their Thrones his Footstool . Arnold . By this prophetick Discourse , methinks I smell a strong Scent of Invasion . But where the Storm will fall , God he only knows . Are not the Nations about us like an Acaldemy of Blood , that darkens the Air , and terrifies my Pen to write such dismal and tragical Apprehensions ? Will not the Sword , Plague and Famine contend for a Victory ? O how sad will it be to see the Father fall by the Dint of Sword , the Mother crawl by the infected Walls of a Pesthouse , and the poor innocent and comfortless Infant perish in the Streets , and pine away with Hunger ? Three such meciless and unsatiable Conquerors , and all to keep the Field at once , will totter the strongest Camp in Christendom . Theoph. Then where 's our Security , and what signifies the Strength or the Artifice of Man , when God has a Controversy with the Kingdoms of the World ? The Christian's Arms then will prove the best Security . He that cruciates his Lusts , outlives the Vice of Impiety . Arnold . What then becomes of him that throws Vertue into the Embracements of Vice , and prostitutes Justice before every clamorous Derider ? that lifts up the Standard of Impiety , to justle Religion , and profanes the Altar by superstitious Adorations ? that mounts Ambition on the Theatre of Luxury and Hypocrisy , and opposes the Gospel and Divine Oracles to humane Tradition , and the vain imaginary Inventions of Men ? that in Defiance of Heaven opens the Portals of Hell , and advances the Curse instead of the Cross ? What must we conclude from such dreadful Consequences , but that God will tear the Nations in pieces ? Theoph. There was a Time when the Law shin'd bright ; yet at the same time the Gospel shin'd behind the Horns of the Altar , ( but in this our Time neither Law nor Gospel shines ) the Divinest then had his Residence in the Sanctum Sanctorum ; but Hell is let loose now , and Heaven violated with Oaths and Imprecations . Arnold . The Times were bless'd in those Halcion Days , when our Patriarch Iacob was clothed with Innocency ; but in this our Day we are all turn'd Esau's , to pursue the World and inconstant Vanities : And though no Gospel-Star then shin'd amongst them , nor was Christianity known in their Courts ; it 's well if we that are Christian-Professors live up to the Practice of sound Morality . Theoph. We read in the Sanhedrim , that the Seed of Hagar stood in opposition to the Seed of Sarah . But Abraham's God will dwell in Tents , rather than in Temples with the Prince of this World : Yet Rachel had her Idols , who adds Sacrilege to Idolatry , by taking away ( or stealing ) those of her Fathers . Arnold . When the Turk turns Christian , there 's Hope the Persian will fight under the Banner of the Cross. Theoph. Then he 'll be fit to turn Roman Catholick , to stamp the Cross on every Service , and Vengeance with a Semiter on the Breasts of Protestants : to immure their Proselytes betwixt Stone-walls , so starve them to Death under Pretence of Sanctity ; and because not to die a violent Death , the Anchorite fancies he dies not at all . Is not this a fine way to mortify the Flesh , when at the same time they 'll surfeit with Fish ? that grope in the dark at Noon-day , and hold up a Taper to illuminate the Sun ? that like Spiders they 'll unravel their own Bowels , though it be but to entrap a silly Insect . Arnold . I look on the Hierarchy of the Church of Rome , like Men that encounter a blasted Fate : Where Priests are Saints Bells , but defective of Sound ; and Oracles at the Altar , but dumb in Explanation : that kindle their Tapers to blaze in the Temple , and consecrate Sacrifices without a Blessing ; so cover their Nakedness with a Babylonish Garment : Where Mattins are metamorphosed into Masquins , Collects translated into Collations , and St. Anthony's Bells into nocturnal Cabals . These are the Men that can mode Religion , and dress it up to humour the Times . Theoph. Religion of late is very much discours'd , and after some sort crept into most Mens Mouths ; but least in practice of any thing practicable . If they tell you that Asians are Athenians , you are bound to believe them : and that Turks are Christians , you cann't disprove them , since France and the Port have been Confederates . Nay there are some blear-ey'd Romanists , under Pretext of Christianity , will swear , that to worship Images is no Idolatry . And some others of such voracious Appetites , that they 'll eat the Horse , and digest the Stirrups . And some amongst them ( I speak what I know ) are never satisfied till glutted with Spoil , which exposes every Man to the Lust of his Adversary , whose Power is as equal to restrain his Will , as the Body to refrain from Drought in a Fever . Arnold . I make no doubt on 't , we have Copernicans amongst us , that can fancy the Earth , as the Orbs , turn round ; so rapid are the Minds of some in this Adultrous Generation , to be winding and turning , till He comes that will overturn , and dissolve the Elements like Ice in warm Water ; so melt down the Creation with one single Blast , and strike that dead that violates his Regal Commands : The all-glorious beatifical Star of Heaven's high Tribunal is already risen in our earthly Horizon , which virtually lifting up it self by magnetick Power , lifts up our Souls also by a Magnetism of Divine Sympathy , whereby we shall ascend above these muddy Cisterns of Earth and Clay , to blaze aloft in those illustrious and most illuminated Mansions of Beatitude and Eternity . Theoph. I grant what you say : There are a sort of Men that flatter themselves with Self-righteousness , and shape out Condemnation as a Reward to others ; that can spy the Mote that deforms their Brother's Eye , but the Beam that shades their own is no Impediment . Thus some gaze at their own Pageantry , and too frequently answer their own Petitions : that say to themselves , All is well , when nothing's well but what is ill : that live so near the Portalls of Death , as if there were no Death in dying . Such Men as these think the Sun shines Blessings no where but in their Chimney-corners : that build their Habitation upon a sandy Foundation : that judg and pre-judg both Moralist and Heathen , ( that rather deserves their Pity and Charity ; ) and censure all the World , when they themselves cann't live without it . Arnold . What crazy Props such Men lean upon , that exchange their Profession for Profit . If Christ be our Foundation , let 's believe as Christians ; not barely to honour the Appellation of Christianity , but live the Life and Practice of Christians , otherwise we build on a sandy Foundation , that sinks beneath the Surface , or tumbles down in the Storm . We daily observe the Earth a fix'd Body , yet it bears not the Heavens , nor it self neither ; because it hangs by Poize of its own , and the Providence of God supports it : For our blessed Saviour that made the World , is the Support of the World ; for none less than he that made the World , had Power to redeem Man , and save the World. This is the Water of Life that 's drawn from the inexhaustible Fountain of Christ our Redeemer . This is the true Physician of Life , that blots out the dismal Characters of Death . Thus whilst the formal Christian draws Streams from the muddy Cisterns of the ambignous World , his Devotion reaches no higher than himself , and the gaudy Titles of Ambition and Hypocrisy . Theoph. Shall I oblige Arnoldus to entertain us with a Contemplation of Seraphick Joys , whilst the silent Night passes away , and the blazing Torch of the Sun appears , that causes an early Blush in Aurora . Arnold . Every Day has a new Birth , but Time and the World had but one Beginning . The Night was made to shadow the Day , but the Sun to light and illuminate the Universe ▪ and this was ordain'd by the Wisdom of him that stuck the Stars in this beautiful Order , before whose triumphant Throne the devout Penitent prostrates his Devotion , and pours forth his Orizons and sweet Adorations in the Presence of that great and ineffable Good , that made the glittering spangled Orbs , and is himself the Light of the World ; before whom every Nation and Kingdom must bow or break ; whose Mercy infinitely excels all his Works , and whose Justice and Judgment who shall dispute ? Theoph. O ArnolduS ! pray goon . Arnold . The Elements , nay the Heavens contain him not , nor is he comprehended within the circular Globe of the Spherical Orbs. These luminous Bodies of Sun , Moon and Stars , were ordained by him to light the Creation : for he that made them gave them a Being , and dignified them also with prolifick Virtue , adapting them Parents of Vegetation , Procreation , and Prolongation of Life , whereby to regulate and reform Times and Seasons ; as also to distinguish betwixt Summer and Winter . The greater Light he made to govern the Day , but the Moon he made to patrole the Night ; and that they have Influence upon secondary Causes , no Man is so irrational , I hope , as to question it . Theoph. For my part I do not ; pray proceed . Arnold . Thus the Stars and Constellations have Divine Order and Influence ; and the Celestial Powers and Principalities , as Angels and Arch-angels , Thrones and Vertues , have Dominion also over humane Frailties : And where the Patriarchs and the Prophets are with the Apostles and Evangelists , with the whole Quire of Saints , Cherubims and Seraphims , perpetually singing Praises and Glory to him that sits on the Throne , and rides triumphant on the Wings of the Wind. O let the silent Deeps and the ponderous Mountains , with every thing that has Breath , praise the Lord ! For the Earth is his , and the Fulness thereof : by whose Wisdom the World was made , and Time begot ; and by whose infinite Power the separated Elements live still in Harmony ; who form'd the Fetus of Earth , and made the Firmament its Swadling-band : and in the vast Circumference of Heaven he hung up the glorious Creature the Sun , whereby to illuminate and illustrate the World ; whose Centre nor Circumference contains him not ; nor the Excellency of his Glory that superexcels all Creatures and Creations ; from whom the deplorable Sons of Men wail for Deliverance and Redemption from Sin. And now let 's contemplate the nocturnal Muses . Sleep first presents us with an Emblem of Death : yet is it the poor Man's Solace , tho the rich Man's Terror : A Repose and Recreation to the wearied Limbs , but a Disease of Inquietude to the voracious Mind : the Body's Requiem , and Death's Effigies . Now Death is the desired Hope of him that truly conteMplates the State of Immortality : And as Mortality is the End of Sorrow , so by Consequence it 's the Beginning of Joy : A Period of Misery , but the Trophy of Victory : The Resurrection of Life , and the Bloomings of Eternity . For as the barren Ground thirsts after Rain , so does the Oppressed seek Deliverance in Death . Great and good is our glorious Creator , whose Divine Excellencies superexcel the Creation ; whose infinite Wisdom display'd it self before Time and the World had as yet a Beginning . Pardon my Presumption , most sovereign Power , when to prostrate my Humilities before thy sacred Shrines , that with a holy Reverence and divine Piety all my Devotions may be acceptable to thee . We are but finite , but Thou art infinite : Infinite in Power , to create the World ; and infinite in Wisdom and Providence , to uphold it . Thy Government is in Heaven , yet thou rulest upon Earth ; but thy Habitation here is the Tabernacle in Man. O sacred Divinest ! direct us in thy Paths of Wisdom , to lead us the ready way to thy self : for thou rewardest every Man answerable to his Works , and our Works ( as Paul saith ) do certainly follow us ; then will they as certainly be an Orb to environ us ; and because an Object continually before us , we can neither evade nor shake them off , whereby they 'll delight or be a Terror unto us . As the Tree falls , so it lies ; and in the Grave there is no Repentance : therefore seek the Lord early in a Spirit of Meekness ; for the Meek are said to inherit the Earth , whilst the Proud that exalts himself , shall be abased . Thy powerful Arm has often reached Deliverance , the Righteous therefore shall rejoice in thy Salvation ; and all that sollicit thy Paths of Peace shall be found in their Duty as by Wisdom directed ; but Destruction as a Judgment is prepared for the Scornful : Therefore let the Pious rejoice in his Hope , for the End of the Wicked shall be an Abomination . Lord ! when we contemplate our mortal State below , and those invisible immortal Powers above , blest for ever to behold the Glory of thy Majesty ; it brings us to consider the Beginnings of Time , and to ruminate where we were when the Foundations of the World were laid and stretch'd out ; and who but thy self ( by Infinite Power ) fastened the Ends thereof , and lifted up the Curtains of Heaven's glorious Canopy , and caused the Face of the Firmament to shine ! Who but thy admirable Arm could separate Light from Darkness , the Sea from dry Land , and confine them with Barrocades of Rocks and Sand ? Who made those stormy Winds to blow , and those boisterous Hurricanes ( the Rage of the Almighty ) so tempestuously to roar , and roll themselves on the Face of the Deeps ? O what Hand , except the Divinest , could make Mortal immortal , and bring Salvation from the Loins of Iesse ! Can the Shades of Darkness speak the Wonders of thy Praise , or the Night discover the Eye-lids of the Morning , that when the Sun prepares his Course like a Giant , will the Clouds clap their Hands , and the Stars and Constellations shout for Joy ? But the Dead shall arise , and Mortality shall be clothed with an immortal Livery , that shall never tarnish , nor never diminish , but survive and out-live the Ides of Time , and flourish when Time shall be no more . Then let us consider our present State , the Shortness of Time , the Vanity of Things , and how light all our Services and best Performances weigh in the Ballance . Let us also consider the Morning-Star , the illustrious Aurora is rising upon us , and then it will be a perpetual Day . Let us imprint on our selves the Characters of our Eminent Ancestors ; but above all , the lively Sufferings of our blessed Saviour on the Cross , and no longer paddle in these Puddles of Sin , nor stumble in the Face of the Sun at Noon-day : for wounding our selves by Sin , makes our Saviour bleed afresh . We have excellent Precedents , that of David notwithstanding his Integrity , and that other of Solomon , tho the Prince of Wisdom ; of Hezekiah too , tho a very good King ; of Iosiah and others ; of Paul a Convert , of Peter a devout Reluctant , of Iob's Patience , Moses his Meekness , Abraham's Faith : all these were Men , besides hundreds more in holy Writ ) now eminent Saints ; whose Pieties like so many Trophies hang up aloft in the new Ierusalem , to adorn that Beautiful and Divine Habitation , where the Lamb is the Light , and where no Darkness can approach , nor Night close the Casements of their Eyes any more , nor the pale Aspect of Death the second time seal the Indenture of a profound Silence . Consider it seriously , for Piety is good Policy ; and a holy , devout and penitent Life no Impediment to a vertuous Christian : And so good Rest , Theophilus , that sleeps in silence . Theoph. Silent I am , but not asleep ; nor do I dream when I contemplate the everlasting Praise of the great Creator . How quickly has the Night dismantled her self of those shady Sables that covered Day , and concealed the flaming Steeds of the Sun , when advancing to approach our Northern Horizon ? Arnold . Come then , let us rise , and shake off Security : for as Sleep is no solid Direction to point out to us the Way to Heaven ; so Death ( tho at a distance ) is no long Reprieve ( nor assured Protection ) from the Grave . Theoph. Our former Ancestors lap'd not themselves in Downy Quilts , but made the Earth their common Reception : But this Age degenerates from Potentates to Pedanticks ; and carnally devote their Services to every idle and voluptuous Fancy . Do we not see with what Eagerness some Men pursue all dishonest Actions , whilst some others under the Consideration of Riches , hug a conceal'd Joy in their ill-got Treasures ? whereby they contrive the Calamity of the Poor , and at the same time rejoice at the Misery of the Orphan , whose Morsel they swallow down as greedily as they devour the Widows Habitation ? Thus some contrive Calamity , and sin by whole-sale , magnifying their Ambitions more than Men , when at the same time they dwindle into Morts . Arnold . But if Beginnings have Periods , as certainly they have , the Poor will rise up in Judgment against such ; and a Jog of Conscience , besides the Consequence of Blood , attend their Door . Their Favourites and familiar Flatterers then will dismiss themselves , and vanish like a Mist , and the dark Night of Horror overshadow all their Enjoyments : Their delicate and delectable Morsels will melt into Moonshines , and themselves transform'd into Dust and Ashes . This is the Lot , and will be the Fate of all those that pervert Blessings into profane Impieties . But I forget my self , for the Sun appears , and the Day will suddenly gain ground upon us ; let us arise and fit our selves for a solitary March. Theoph. We shall soon be ready , it 's only dismounting our Apartments to mount our Horses . What shady Groves are those , and what wandring Object 's that , that courts the Sycamores , and talks to the silent Rocks , as if there were a Remorse in Stones ? surely it 's Agrippa . Arnold . I 'm of your Opinion , what makes him there ? Theoph. I know not , except he 's come to summons us home . Arnold . Pray examine him ; I think it 's thrice three Months since the last time I saw him . Theoph. Shall I call him to us ? Arnold . Prethee do . Theoph. Agrippa , from whence comest thou ? Agrippa . From the flourishing Fields in Albion . Theoph. What 's the News there , this is an Age of Inquisition ? Arnold . So it is ; have you brought us any thing ? Agrippa . I 'm no competent Judg of the Times , nor of National Affairs ; but I 'll present you with some Books and Letters . Arnold . Have you no Scheme of Modern Transactions ? nothing verbal ? Agrip. What can be discours'd of the Times , and the various Projects of Men of the Times ? Arnold . Recollect your Memory , and refresh your self ; but when the Sun advanceth the Meridian , repair to that solitary Grove , where Theophilus with me , will stay your coming ; besure you disappoint us not , and bring your Narrative of all the Proceeds . Theoph. I question not he will be very mindful . Arnold . Come then , let us chat a while , and discourse Rome divided among the Romanists . Nay , what will you say to see the Church look asquint at the Pope , and Portugal to lift up his Heel to kick against his elder Brother of Spain ? It 's Madness rather than Manners to hear them wrangle and jangle about Religion , when there 's nothing left on 't but bare Opinion ; which if you won't conform to , they 'll stamp the Character of a Stelletto upon you , or the bloody Impressions of an Inquisition . Theoph. What , no better Entertainments in the Spanish Court , than such rough Salutes as Inquisitions and Stelletto's ! I should rather approve , that Vertue in a Prince is the richest Diadem in his Crown ; and Clemency to his Subjects ( the vital part of his Kingdom ) more obliging than all the gilded Baits of Flattery . Money , it 's true , is the Sinew of War ; and Honours and Dignities gaudy Accomplishments . What of all this ? when all comes to all , Honesty is the best Policy . Arnold . Let me tell you , Theophilus , Gold Chains best become great Men ; but not that Gold makes Goodness , nor Dignity Greatness , any otherwise , than a Badg of Honour makes a Man truly honourable : nor is Honour more legitimate than inherent Worth ; both spring from one Root originally , and live above the Smiles or Frowns of Fortune . Nor can such a Man be perverted that hates the nauciating Scent of a Parasite , that disclaims against Pensioners that pick his Pocket , and abominates Sycophants that fawn and flatter , and seem to adore the rising Sun ; yet with Impatience longs to see it set . Not but that no Sun shines without some Cloud , nor any Court is kept without some Flatterers , till that time comes ( and I hope is at hand ) that Vertue shall naturally flow from the Streams of Piety , ( and not from Imitation ) which spontaneously spring from the Celestial Fountains of pure Christianity . Theoph. When Democrasians dagger the Crown , then the perplex'd Native stands a tiptoe ( every minute ) expecting some fatal Event : and so it is , when Insolency justles Justice , then the Magistrate suffers Affronts in his Legal Justiciary Proceeds . Such Scorpions as these wound and infect the Body Politick . Ar. From thence I observe , whenever Pride is most predominant , there of necessity a Nursery of War is planted , that in time will murder the Blessings of Peace . We have learn'd by Experience , that Fulness of Bread ( without a Blessing ) perverts into Wantonness , so into a Curse , that by degrees grows up into such a Vice , that murders all it meets with , and kills without Care ; it 's a Vertue therefore to shun its Acquaintance . Th. Come Arnoldus , let us enter this solitary Grove , here we may dwell among Rocks ; consort with the Creation , and keep time with the Pulse of the fluctuating Ocean . Here we may refresh our Ears with the relishing Notes of tunable Birds , and astonish our Eyes with the beautiful Model of Heaven : Where whilst we gaze on those glittering Orbs , our Hearts as inspired may breath forth Flames . Ar. A solitary Life I always approv'd of , to trace the polite Sands , to sit down under the Shades of Woods and Rocks , and accost the Rivers and Rivulets for Diversion , ( as now we do ) and trample on the beautiful Banks , and florid Medows , beautified with Greens , that will not only refresh our Senses with their redolent Perfumes , but enamour us beyond express , when to see their Banks bath'd by such Silver Streams . Come and let 's pitch our Tents in these delightful Plains , where every shady Grove as an Vmbrella , will shelter us from the scorching fiery Beams of the Sun , till the Earth sends forth her sweet Aroma's ; over which the burnish'd and beautiful Firmament of Heaven surrounds all the Earth ( and the blessed Creation ) with Melody like Birds , and murmuring Streams ; I fancy it a kind of Counter-Paradise for Mortal Content : And how sweet and sublime is that Contemplation that surmounts Angels for Divine Associates ! Observe , Theophilus , that little rowling Rivulet , where every Eye may evidence Fish in those purling Streams courting the Sun , as if naturally enamoured with Stars and Celestials . Such Observations flow from our present State , let us therefore consider both the Author and the End. Th. If Ends and Beginnings have a like Fate and Period , ( as indisputably they have ) then Time and our latter End contemplates Eternity our future Hope ; so that a retired Life , of all Lives in my Opinion , will be most agreeable to our present Condition : for I like not the Aspect of our Friend Agrippa . Ar. Nor I neither , but be it what it will be , the Rocks and the Woods , if I calculate right , shall contribute to Arnoldus ; any Man may read in legible Characters a discontented Frown on his Martial Brow. Th. What if it be ? it won't make new Breaches in our Loyal Breasts . Ar. Nor cement old ones ; for here 's a Breast ready to receive the Charge of Danger , tho Death be Conduct . I value not the Swellings of my Adversaries , were every one of them as great as Goliah , as deep-mouth'd as the Cyclops that roar in Mount Aetna , or as formidable as Thunder , that cleaves the Cedars , and the sturdy Oaks ; yet the Shrubs may escape , and live in hope to see a Purgation of such eminent Contenders . Th. If ill Omens presage fatal Conclusions , I like not Agrippa's Aspect . Ar. Nor I that Resolution , that only endeavours Self-security . Th. Would you have me turn the Point upon my self ? Ar. No , nor your Friend neither , by turgid Repetitions ; come what will come , let 's talk no more on 't : high Tides have their low Ebbs ; and the higher any Man rises , the greater is his Fall expected . I know the World is such an inviting Morsel , that attempting to swallow it , some have been choaked . Alexander of all Men bid fairest for the World , yet when he went out of it , a Sepulchre of six Foot serv'd to inter him . Th. It 's just so now ; have not we a sort of Senators , that , impatient of Destruction , pull down the House upon their own Heads , to noose other Folks in the same Snickle ? Ar. There 's nothing can stand against the rapid Torrent of a giddy Multitude ; it 's good to stand clear of Male-contents , that justle Superiors , and call Parliaments Pick-locks , and Robbers of the People , under the pretence of publick Faith. Th. Such Furioso's I must confess are of an odd Kidney , that can silence Justice , and sentence the Laws ; that sit uneasy under Governments , tho of their own contrivings ; that are angry with any thing that 's uppermost ; nay , they shall arraign themselves , if no Superior to contend with : Such Men I question not will condemn us for Victims , tho without Breach of Law , or Affront to good Manners . Ar. That can never be done by any , except such as exchange their Loyalty for Luxury , that degenerate from Native English Men , and renounce their Oath in Baptism ; that swear they do not swear , and be Religious to boot . But the great Acts of former famous Men , will live upon Record on the Stage of the World , whilst the World has a Being ; more especially such great Actions as drew Life from Vertue : Such Heroes we have had ( but asleep now ) whose Memories still blossom , and after Death smell sweet in the Dust. Th. What then ? must we despair of our selves , as poor silly Birds do that are seiz'd in a Gin , and wait Deliverance from the wretched Fowler , as if Death would solace our captivated Fears , and refer them and us to the Grave for Reconciliation ? Ar. I am not ignorant that the Rape of a Sword results in a SCar , and amputates sometimes to the loss of a Limb , lest peradventure the whole Body be hurried into a Fever : For the Sword you must know is Death's cold Harbinger , that depopulates Kingdoms , and lays Countries in waste , sucking the Lives of the Subjects and Treasure of the Nation , till at last like a Cripple it creeps to its Grave . Th. But what if the Banks overflow with Plenty , and the Nation superabound with luxurious Inhabitants , may not a War in such case be thought requisite to purge the Kingdom of superfluous Vagrants ? Ar. Where Excess and Intemperance extend the Veins by Surfeit or Pleurisy beyond their natural Bounds , it 's better to bleed than blow up a Kingdom . Th. I 'm of your Opinion in that matter : in all acute Distempers , there ought to be adequate and expeditious Expedients : but without Offence , may I ask you one Question ? Ar. Two if you please , if I can answer them . Th. Why those signal Interruptions so oft invade you , that seemingly discover some odd Apprehensions . Ar. If they do , what then ? is it more than the Consideration of distracted Times ? Th. Sooner may the Tides forget their natural Course , than I forget to sigh a Penance for my Native Country . Ar. But then have you considered the Passion of such corrumpant Grandees , that think whole Kingdoms Gobbets not great enough to gobble down , to satiate their Appetites , till compleatly made victorious over Life and Fortune ? Th. The only way then to stop the Glut of such furious Drivers , is to interpose our selves , whilst others more innocent escape their Fury . Ar. You almost perswade me into a kind of Pity . Th. Or rather it may be into a Passion . Ar. That 's a Sin entail'd on Posterity , as naturally as Wax subjects it self to the Impression of a Seal : So that should I call Affection Passion , it but represents a Moral Glass , wherein every Man may read his own Face by Reflection . Th. And no sooner to retrieve or withdraw , when immediately he forgets both Form and Features . Ar. Then let all Suspicions suspend themselves ; so steer your Course to some other Point , and call Agrippa from behind that Sycomore . Th. I 'll step and call him : So ho , Agrippa . Agrippa . What Voice do I hear in these unfrequented Woods and solitary Streams ? Diana's Fountain , nor was Dodona's Grove otherwise than an Emblem of such mortal Contents ; what Rivers are enrich'd with Trout and Salmon , and Trees burdened with the Harmony of Birds ; for such a Life who would not covet Banishment ? Ar. What News Agrippa from the Coast of Albion ? Agrip. We have a Generation of People , that can make as good Papists to Morrow , as themselves are Protestants to Day ; that if Popery were but turn'd up Trump , would produce you their Charter in Queen Mary's days : they 'll walk to Church with you , and lie in her Bosom so long till they sting both her and you to Death , which makes all Mankind stand a tiptoe to see a tottering Government sink , and press down it self under its own Weight . Ar. What! have the Grandees no Influence on the People , are they grown void of natural Affections to themselves ? Agrip. What Charity they have for themselves I know not ; but this I know , they have none for one another ; nor will they contribute one single Sigh for the Kingdom 's Calamity , but rather shove the Burden upon the Peoples Shoulders . Ar. This is Forty One all over ; O the Miserie 's that Forty One brought upon the Nation ! ( thus some cry out ) but not a word of the Wickedness of the preceding Years that brought the Misery upon Forty One. Those barbarous Stigmatizings , Brandings , Gaggings , Pillorings , Whippings , cutting off Ears , like lopping of Trees , oppressive Judgments , unheard-of Proceeds by the High-Commission , and Star-Chamber-Courts ; Judicatories fitter for the Spanish Inquisition than free-born English-men and Christians ; by which means Liberty and Property were invaded at pleasure . Th. I remember what King Ahab said to Elijah the Prophet , Art thou the Troubler of Israel ? And I remember what the Prophet replied to the King , No , but thou and thy Father's House are , in that ye have forsaken the Commandments of the Lord , and followed after Balaam . Here we see the King charges the Prophet , and the Prophet he charges the King ; but the Prophet proves the Charge upon him . Ar. This was the Case in Forty One ; the King demands some of the Members of the House , and they return'd the King for Answer , It was a Breach of Privilege of the House ; but if his Majesty pleased to order a Charge against them , they would proceed to speedy Justice . Th. Was it in Forty , or Forty One , when the King with an Army invaded the Scots , and spent his Money to little purpose ? Ar. Yes truly , it was about that time ; for then was the Massacre calculated for Ireland , and Archbishop Laud's Publication of his Book of Sports for the Profanation of the Sabbath in England : here you see Prelacy and Policy went hand in hand together to murder Religion and Property , which brought them under the Severities of Justice . Th. Ay , but how came the King to be made a Publick Example ? Ar. Not because he had married with a Popish Princess , that gave great Encouragement to the Papists in England : Not for sending a Congratulatory Letter to the Pope ; Not for abdicating himself from his Parliament ; Nor for advancing his Standard Royal at Nottingham , and proclaiming open War against his Subjects . There was something under his own Hand appear'd against him , besides countenancing Papists , and protecting Delinquents from Justice . Th. The Scots betray'd him ( I have been told so ) every body says they sold their King. Ar. As much as you sold him : it 's true , the King threw himself upon the Scots , and the Scots threw him back again upon the English ; this is Matter of Fact , but few understand it , and fewer will believe it . Th. For the love of Friends , let us have the Truth whate're it cost . Ar. The naked Truth is ; The Parliament of England about that time , when the King at Newark threw himself upon the Scots , owed or was in Arrear to them 200000 l. Sterlin , for Service done ; for which they had for Hostage , Newcastle , Carlisle and Berwick upon Tweed : But upon paying them one Moiety down , they resigned their Hostage , and withdrew into Scotland , tendring the King to the English Commissioners , who at that time had no Instructions concerning him , till they sent to the Parliament to know their further Intentions , who ordered the Commissioners to apply themselves to the King to know his Royal Pleasure . Th. And what was his Answer ? Ar. He desired to be removed to one of his Southern Palaces , in order to which they removed him to Holmby . But the Jest lay here , the English without Instructions could not take him , and the Scots by Instructions would not take him : this was the critical time when no body would have him ; and the Reason the Scots gave for it was this , That he had made such Breaches in the Bowels of England , they were unwilling to take him into the Bowels of Scotland . This is the Truth on 't , and this is the Scots selling their King. But where 's Agrippa ? what have you done with him ? And I would as gladly know what our proud Superiors intend to do with us , except to spin out our Lives with the Wealth of the Nation . Th. Agrippa , Shall I ask you one single Question ? Whether is best , a Petty King in every County , or a Parochial Bishop in every Classis , to ride the People but half way to Heaven ? Agrip. I approve of neither ; though some oppose a single Person to an Eye-sore in the Kingdom , and at the same time conclude a Heptarchy more than enough totally to devour them . Th. Such a Government would enervate the People , and such Superiors live upon the Spoil of the Country . Ar. Is this the present State of Things , and the Project that prevails in every Man's Head ? What , is there no Trimming nor Neutrality left amongst ' em ? Agrip. Yes , there 's enough of that , and Solicitations for Peace among sober Men and Mechanicks . Ar. But what say the People as to Church-Government ? Is one Religion or more in fashion ? Agrip. Religion is made a meer Stalking-Horse , to answer the Ends of every Design , and worn so threadbare , that there 's nothing left to cover it , save only the Name on 't . It 's true , there 's some small Alteration in the Church , so is there in the State , by a late Purgation ; the Army also is decimated , and it 's thought the Mystery of Law will be made legible , to speak our Modern Dialect : but the Priest paramount is the bravest Fellow , because Presbyter Iohn struts a Horse-back , whilst the Proselyte like a Pensioner holds the Bridle ; but to speak plain English , most hold the Stirrup . Ar. What say Mercurius , and Publicus Anglicus ? Agrip. You have them both , and the National Diary to boot , where you may read the various Products of Men , frequent Tumults in every Corner , general Discontents in Families ; Heatings , but no Healings , in their grand Consults . Th. What do they vary for ? Agrip. Something superlative ; but the Generality cry , Tempora mutantur . Th. By this I perceive some dig deep to hide their Counsels . Ar. Deep or shallow , it 's a Tiffany Plot ; any Man with half an Eye may easily see through it : Who is it cries up Peace , only those Men whom the Times court , and the Constitution flatters ? such Men as these may cry up for Peace , while others sollicit an every day 's Novel : No , Theophilus , there 's nothing pleasant , every thing seems in a hurly burly ; and France and Spain at Sword 's Point . Th. O but then what becomes of our Force in Flanders ? and what Prospect have we of the Sweeds Expedition ? Ar. The Sweed you may read looks asquint on the Dane , the Portugal in Trouble , the Venetian unsafe , and the Turk infested with intestine War. Poor Europe , who can but pity thee ! more especially our Native Country Albion , where every Politician expects to be made a Monarch ; and where every ambitious Clown aspires to the Eminency of a Crown . Th. Now for a Book and a Brook , to contemplate , and recreate ; this rises to the Standard of the Philosophers Solitudes . Rocks and Rivers with Hermetick Groves , shadowed with Myrtles and purling Streams , will for ought I know better answer our present Occasion , than a Foreign Hope can insure us Accommodation . Ar. These Elementary Bodies , the beautiful Rags of Flesh and Blood , what present they but moving Shadows , that vanish in a moment at Death's Appearance ? Th. And do not some Men undermine themselves by supporting themselves on the Crutch of Mortality ? But the Arm that shakes the Foundation , cannot that Arm shelter us from the Storm ? Ar. Yes sure , since he that made the World gives it Nutrition , who by his Act of Providence makes Provision for its Continuation . Yet there 's nothing that had a Beginning , but has its Period , and in Conclusion melts into Invisibility . Th. That 's certainly true , for the Wages of Sin is Death ; all Men therefore must die , so must that proud Tyrant of France , whose Sins above knee-deep have sunk him up almost to the Chin : so that whoever comes within compass of his Steerage , he splits the Vessel , or inevitably oversets her ; exposing his Natives and others to a malicious Fate : Therefore how difficult is it to sail betwixt Sylla and Charibdis ? Ar. And as difficult almost to weather the Times at home ; for whenever a State stands a tiptoe , the common People are threatned Exiles . Th. I would not be thought so rash to preanticipate before trial ; nor would I truckle to uneven Tempers of Men and Times , by a supine Complacency , so to be coaks'd out of my Life by the sugared Temptation of Designers . Ar. Unthinking Men whilst the Storm is yet rising , rise before it , so fool away their Lives : He that falls in with a discontented Family , propounds to build on another Man's Ruin. The Divine Powers shake the Arm of Flesh ; and what is too difficult for God to do ? He that made the World , can throw it down and dash it in pieces . Th. Yes sure , and us too , if we stand within distance ( I mean in his way of Justice against Impenitents . ) O my Friend , let 's remove further off . Ar. What Star must direct us ? and whither must we go ? Th. Into the solitary Shades of Scotland ; for every Eye will trace us out here . Ar. What! so unjust to our selves , to fly without an Offence ! so condemn our selves before trial ! when our own Innocency I should think were enough not only to clear us , but also to protect us . Th. Time's sandy Glass slides swiftly into Eternity ; and so may some of these eminent Contenders slip into their Graves . That Wind blows high that makes our Fortunes stagger . Ar. Nor could Thunder shake the Courage and Constancy of David to Ionathan : Here we have for Precedent two of the Worthies in that Age , the one no less than a King and a Prophet ; and the other no less than the Son of a King. Come , let 's stand the Charge , there 's no Man knows what a Day may bring forth . Th. Yes , I 'm so prophetick to foresee a Stone Doublet , or something worse ; why then to contribute such Advantages to Men of no Faith ? Nay , I wrong 'em not , to say faithless to themselves . Ar. On the other hand , who would harbour or engender Fear , which lively prefigurates a faint Repulse , that never got Honour by Inches ? so that I resolve against preparing for Flight , and alike resolve not to think of Fear . Th. Such Resolutions will stem the Tide , and struggle with Death ; but who can withstand the Torrent of Invaders , or stifle a Mutiny that invades the Camp ? Ar. I should forfeit both my Reason and Discretion , to foresee Danger approach , and run head-long into Ruin ; want of Foresight ( not to foresee ) argues to me but a purblind Sight : And that Resolution I always approv'd of , that 's best understood by a constant Courage ; the Morals of Equity justify a Cause , and the Justness of a Cause puts a Period to doubts . Th. The Supreamest gives Wisdom , and Man a Capacity to choose it ; which , if he refuses , it argues an irreverend Neglect , both of the Donor and the Gift . Ar. Do we not see Nature commissioned from the Divinest , to dress up and beautify this stupendous Creation ; and how Wisdom and Providence give a Blessing to preserve it ? And do we act our Reason to throw both away , Wisdom that made us , and Providence that preserves us ? Th. It 's true , the Limit and Bound of Nature , is by the sacred Decrees of Providence : and Wisdom has no Limitation , because essentially from the Creator himself . Ar. Art imitates Nature , and Necessity is the Mother of Invention ; Science also invites to Study and Practicks , but Theory gives the Prospect , and Operation finishes the Project . From whence it follows , that Arts are sold to Ingenuities , and the Reward of Labour and Industry to Experience , and the Promulgation of Health and Maintenance . What tho Caesar and Pompey contend for an Empire ? Alexander Magnus bids fair for the World. Th. I have waded to the Chin in the Practicks of Experience ; but never attempted Knee-deep in the Rudiments of Politicks . Ar. And I have liv'd under various Dispensations of Providence , by the Divine Power and protection of the Divinest . Th. Nectar and Ambrosia have fill'd my Cup , almost to an overflowing ; while my Associates were the Pious and the Penitent ( but not the Politick ) with Apollo sometimes to bear a part , with musical Instruments that never spoke Treason ; this is a Life that lives above the World. Arnold . O the heavenly Raptures that flow from Contemplation ; they 'r enough to raise the Mind by divine Faith , and a holy Speculation , to the very Suburbs and Portals of Paradise . Theoph. And such is Unity , for it 's the Key of Harmony ; which if but touch'd by the divine Finger of the great Iehovah , how quickly the World is put in Tune . Arnold . And quickly out of Tune , where Policy is planted in the room of Piety . Now I always thought Piety the best Policy , when beautified with the Ornaments of true Christianity . For since God himself has blest Man with Reason , and to his Rationality added intellectual Understanding , let us act above Sense , for that enslaves us ; and once enslav'd , we 're captivated with Fears . Th. Were I a wise Expositor , I should interpret this Sentiment by the rule of Travel . Ar. And whither would your Fancy direct you ? Th. Into the very Centre and Bowels of Scotland . Ar. What would you propound to your Self , when there ? Th. The exercise of the Rod , and learn to Fish. Ar. And who shall instruct us ? Th. Our selves , who should ? You shall be my Tutor , and I l'e be your Pupil . Ar. Must I be didactick to initiate this Art ? Th. No Man ( than your Self ) knows it better . Ar. If so , you must arm your self for Angling Encounters ; for I best approve of a resolute Combitant , whose Conduct and Courage equally strive against all vicissitude of Fortune ; and smiles when at the precipice of Danger . Such a Man bears the triumphant Standard of Constancy in all Difficulties , and doubtful Uncertainties ? Th. Are Lectures to be read in Features ? Ar. Are Lovers by Sympathy capable to feel those amorous Flames , that scorch their Hearts in each other's Breast ? Th. If that Axiom be true , my Breast has burnt long enough . Ar. With what ? Th. It may be with Passion . Ar. And it may be with Suspicion . Th. Let all Suspicion ( and the Nature of it ) be for ever suspended . Ar. If that be your Resolution , give me your Prospect . Th. The flourishing Fields , and the plentiful Streams in Scotland . Ar. Shall we ramble the Highlands ? Th. Ay and the Lowlands too , for I l'e hazard my Fortunes with my Friend , and share in his Adventures . Ar. Is that your Resolution ? Th. Yes , that 's my resolve ; I must confess I had rather go than stay . Ar. Stay then , and I l'e go with you . Theoph. Why now I 'm answer'd , Doubts can have an end ; And so have mine , since lodg'd in such a Friend To Nature , human Learning , Sense and Reason ; Compounds of purest Peace ; no Plot , nor Treason Harbours in that calm Breast , where Art and Science Bud up like Twins , and bid a bold Defiance T' Ignorance and Prophaneness : let thy Lot Be what it will , and see if mine be not The same adjusted : know that I can bear The hazard of my Fortunes any where To vie Arnoldus ; if Arnoldus lay Commands on him that 's ready to obey . Ar. This looks somewhat like a Foreign Doctrine . Th. However you 'l find it an innate Principle . Ar. If so , then we run but one single Risque ; which of necessity will incorporate us in one single Adventurer : in order thereto , let us first dispatch Agrippa , whose Countermarch will very much advance our Progress . Th. That 's well consider'd , pray let it be so ; that without interruption we may ramble all Scotland . Ar. And the studious Art of Angling , must not we make that our employment ? Th. Yes sure , but how must we accommodate our selves with Rods , and other convenient Manuals and Instruments , whereby to pursue this mysterious Art ? Ar. Trouble not your self with that little Affair ; Here , Agrippa , take you these Letters , and sweeten your Rhetorick with returns of Arnoldus , so oft as enquired for by my dear Constantia . Agrip. Can the Tides forget their natural Course ? I 'le court Sun and Moon to sprinkle the Tracts with propitious Beams , to return me prosperous . Ar. But when you approach those harmonious Ports where Constantia dwells , be well advis'd what you say or express ; let not one Word slip that may cause a Tear ; for if one Star falls , all the Heavens lowre . Th. And remember me ( honest Agrippa ) to the Vertuoso's in Nottingham ; together with the generous Society of Anglers , that traverse the fragrant Banks of those silver silent and murmuring Streams of the famous Trent . Ar. Near whose cultivated Shores , and florid Medows , shines the Life of my Life in the constant Breast of my dear Constantia . Agrip. I 'le observe your Punctims , and pay your Respects . Ar. Do so . Th. Agrippa , farewel , and forget not Theophilus , who petitions their Welfare , and thy prosperous Journey . Agrip. Heavens influence your Designs . Ar. Now he is gone ( nor will he be long in going ) in the mean time let us contemplate the beauteous Creation , and retire to those solitary Rocks to defend us from the radient and refulgent Beams of the Sun , that direct their Strokes upon us ; such Retirements will moderate Extreams : afterwards we may stretch our Limbs to encounter our Recreation , and sport our selves with the princely Trout , in the flourishing Rivers and Rivulets in Scotland , which probably may contribute as much Satisfaction , as any other Rivers in the Promontories of great Britain , if dextrously examined , and industriously managed with Patience , and other Requisites , sutable and agreeable to the Methods of Art. We may also in our Progress , as we travel the Country , take a Survey of their Towns , Forts and Fortresses ; the like we may do of their Cities , Castles and Ciradels ; with their Rivers , Rivulets , and solitary Loughs ; which will furnish us with Fish enough , provided we can furnish our selves with Baits . But to furnish every Angler with a new Bait , was the studious Invention of Isaac Walton , Author ( as you may read ) of the Compleat Angler , who industriously has taken care to provide a good Cook , ( supposing his Wife had a Finger in the Py ) which will necessarily be wanting in our Northern Expedition ; where the Fry are numerous , ( nay numberless almost ) in some of those Rapid and Trembling Streams ; from whence the Artificial Fly ( if that Exercise be well understood ) will contribute as much as any thing , to court them ashore , and sweeten our Recreation . But I speak more peculiarly to ingenious Artists , not to those flegmetick Fellows indigent of Art ; such only I allot an accidental Fate . Th. Methinks I grow impatient to attempt these silver Streams with our harmless Artillery ; here needs no Auxiliary force to guard our Approaches , when only to trample these delicious , pleasant and fragrant Banks , enameled with Flowers , and green Coverings , where every chrystal purling Stream is overshadowed with a stately Fir-tree , or some spreading Sycomore ; through which Zephyrus inspires a softned breath of Air to curl the Surface of the milder Streams , and where the glittering Shores shine like Peru , or the golden Sands of the admired Tagus , as if purposely erected for a Tomb or Sepulchre , therein to inter the generous Trout ; which is the Anglers Trophies , and the ultimate Period of Art. Reach me that Rod , Arnoldus , and furnish me with Tackle to try my Fortune . Are these Flies proper , and sutable to the Season ? Is the Line tapred , and the Rod rush-grown ? Every thing answers to promise Success , and now have amongst them ; for I resolve beyond dispute to approve my self an Angler , or shame the Art. Ar. An Angler ; an Allegator rather , to rush so rudely upon a River , and forget your Rudiments . Th. My passionate Zeal hurried on by Avarice , confirm'd the difficulty of catching Fish , no more , than a cast of my Fly to summon them ashore . Ar. That wou'd excuse your over-forwardness , to put a force upon your Exercise ; the Anglers Direction and the Mediums of Art , are the Pole-Star you must steer by . Th. You do well to reckon up my Errors , and lay down Rudiments to oblige me to reform : all that I sollicite , is to be Master of my Exercise ; that Theory and Practice be made legible and intelligible ; Nature then will demonstrate her self obvious to the Artist . Ar. You have hit the Mark , it 's true what you say : Art at the best is but Nature's Imitation ; Instructions made legible , gratify the Ingenious , whilest the Ignorant read but Lectures in their ABC . Th. Then I need not despair ; however as I 'am solicitous after the Secrets of the Art , direct me how to flourish a Fly in a torpid deep and melancholy Water ; such as this is . Ar. Stand close be sure , that 's your first Caution ; and appear least in sight , that 's your second Direction ; and dibble lightly on the Surface of the Water , that 's your third and final Instruction : now order and manage the Affair as well as you can . Th. So I will ; and fancy that a City is more than half conquered , where Resolution has got footing in the Besiegers Camp. Ar. From your Inference , I must conclude , that confident Theophilus will approve himself an Artist , because he 's so forward in the Art of Angling . Th. I 'le observe the Anglers Axioms . Ar. So you must , if you intend to be an Artist ; but how will you flourish a Fly in that solitary Water , whereby to compleat your self Lord of your own Exercise ? consider it seriously . In the next place , you must mind the Season of the Year . Small Rains , fair Weather , and intermittent Sun-shine , all these contribute to your Entertainment ; but Snow-broth , and Storms , stand in opposition to your Recreation . You must also observe , the Wrack of Clouds , and the hovering Winds that curl the Streams ; these Circumstances judicially observed , an ordinary Artist may kill a Trout , provided he purdue himself at a reasonable distance . But what must be done when the Air is undisturbed , nor the least breath of Wind to fan the Sholes ? Can you then kill a Fish to recompence your Labour , and sweeten your Toil ? Come , lend me your Rod , and I 'le hazard my Skill to puzzle the Art , or lay a Trout in your Lap. Th. That 's as much as to say , you will give me Handsel . Ar. And I do but little , if I do not do that . Observe that Bush , whose slender Branches wantonly dangle , sporting themselves on the Cusp of the Water : there 's no Stream you may observe , nor any thing of Motion , nor the least breath of Air to invade the Calms . Put case I kill a Trout from that silent Surface , what will you think on 't ? Th. I 'le think you an Artist . Ar. When ? Th. When I see your success . Ar. Have amongst them then — : Now there 's what I promised you . Th. And I 'le promise you , you are a Man of your Word . Ar. I seldom use to be less . Th. And I 'le never desire to be more . But one thing I observe , and that 's very remarkable : why so circumspect in making your Approaches , when accosting the River , as an Engineer approaches a Fortification ? Ar. There 's Reason for that I do . Th. Then there 's Reason you resolve me what I shall do , since Trouts are so difficult to deal with . Ar. You will tell me more ( I question not ) when you come to examine them . Th. And that won't be long if I have my liking . But what an admirable Fish is the Trout for Shape , Beauty and Proportion ? Ar. Such is the Char ; next to him the Umbar . Th. And are they of as much Agility of Body ? Ar. In every respect . Th. Of necessity then they must be excellent Companions to consort with the Angler , whiles the Miser and Avaricious hugs his Bags , the Epicure his luxurious voracious Appetite , and the wretched and covetous Angler his Paunch and Pannier . Let Art , Industry and Experience gratify the Artist . But as Fortune favours you in your second Adventure , such are my resolves to magnify the Art. Ar. You do well I perceive , to do nothing rashly . Th. And you do it better , by doing on 't advisedly . Ar. Then have at all ; and I think I have him , look how he leaps and struggles for Life ; but this prognosticks a Sign of Death : for when the Swan sings his own Funeral-Epitaph , which of the Family of Birds join in Consort with him ? so when the Trout dances Coranto's to the Angler ; what but the Line rings his Funeral Passing-peal ? Now see how he lies gasping for Breath , though every Breath of Air is as bad as Opium ; and laments his Misfortune to be so unfortunate , because not to live out half his Time ; where every Cheque of the Line challengeth Death , and sends him a Summons to prepare for the Pannier . So that you see he is no sooner deprived of natural Strength , but submits himself to the fatal doom of the Angler , who assures him no better Quarter than Death . Are not these terrible Arguments to terrify the Fish out of his Element ? who whilest he endeavours to evade the Angler , falls foul upon the Art with equal Hazard ; and designing Flight , pursues the Pursuer : so struggles with the Artist to cheat his Appetite , by proffering his Life for a silly Fly. By this you may see it 's not difficult to court him , when with little difficulty he comes to Hand , nay to his Grave , meerly for a mouthful ; for this simple Novelty cost him his Life . And what was it think you ? only a Fly of another Figure , and of a different Complexion ; the one Artificial , but this was Natural , and there he lies naturally devoted yours , not daring to petition his Judg's Reprieve . Where note , for your encouragement , I present you with my Conquest ; and dedicate both my Practice and Experience to your self , purposing perhaps a farther Examination . For since to find Fish so prodigal as to meet me half way , what cause have I to doubt of carrying them to their Journey 's end ? Th. Here 's lucky Handsel for a young Beginner . Ar. And you are that young Beginner ; pray accept of Handsel . Th. Thanks , Arnoldus , if Thanks be Argument good enough to retaliate your Bounty . But what must we think of those hovering Clouds ? Ar. I think they 'l bring us Summons of Night , otherways I am loth to relinquish these pleasant Streams , that divert the Angler with such profitable Entertainments . Th. If the Night approach , it 's time to withdraw ; but to withdraw from such sweet Diversion goes against the Grain . Eden , farewel . Nay I 'le repeat it twice ; Farewel , Eden . With what reluctancy do I relinquish thy Smiling Fords , though to solace my self in the Fortress of Carlisle . Ar. You are shrewdly hurt . Will Refreshment incommode you after the Toils of Recreation ? and your observation of this late Encounter invalidate the Art ? Ingenuously tell me , what your Observation directs to ? Th. This I observ'd worthy my Observation , that it was a Field fairly fought , but I cannot say without loss of Life . Ar. And I declare it a Conquest of an easy Purchase , where Arms and Artillery ( the Rod excepted ) amounts not to Sixpence . Th. Was it six Shillings , what a Purchase is that to experience Art , and tantalize Fish ? What 's the single hazard of a Hook and Line , ( a valuable considerable Loss indeed ) to lose the Value of Two pence , to purchase a Fish worth Ten pence ? Pray what is it more than earnesting the River with a Hook and Line , to stem the Adventure ? which I value not a Rush , was every Hair a Thread of Gold , and the barbed Hook of superfine Silver ; I 'd expose the Worth on 't for the Fin of a Fish. Ar. This Resolution surmounts the Adventure . Th. Besides all this : here 's another Observation , well worthy our own and the Angler's consideration ; and that is , our Labour and Travel : it 's no more than a Walk to trample the deliciated and cultivated Fields , on the fragrant Banks that bridle the meandring Streams . O who would not solicite Patience to crown such charming Rewards , intail'd upon Anglers , in their solitary Recreations ? Instruct me , dear Arnoldus , in this liberal Art , and ingenuously tell me how you took these Trouts . Ar. With nothing , upon Reputation , but a natural Fly , which I suddenly snatch'd from that slender Twig : For if you remember my turning to that Bush , I mean that Hawthorn that flourishes behind you ; there it was I discovered some Insects , which properly to consult , are as truculent as Death , more especially in the Ides of April and May. It was only with Dracks that I kill'd these Trouts ; nor is there any Bait that excels it at the Tail of a Bush , or the Brow of a Bank , provided always you appear least in sight ; dibble but lightly on the Surface of the Calms , you infallibly raise him ; and the better to secure him , stand but close , and you certainly kill him . Th. This plain Discovery speaks both Theory and Practice . Such Instructions as these ( except to an indigent Artist ) will indisputably compleat him an Angler in an instant . Ar. Come then , if you please , let us lap up our Lines , and trace these pleasant Fields to the Town of Carlisle , where we may refresh our selves with the Country Curiosities . Th. I think it very good and wholsome Advice , to comply with your Motion for a Modicum : For when the Water with Exercise extimulates our Stomachs , I fancy Diet will relish better than Discourse ; and when we have closed-up the Orifice of our Appetites , clean Linen I fancy will be very acceptable . The for the Morning-Watch , trust to my Diligence , for I 'll rise with the Sun , or it may be before Day , to be in a readiness to survey this ancient City , Citadel , Castle , Cathedral , Ports , Vanports , Curtains , Counterscarps , Bastions , Redoubts , &c. of all which I purpose a brief Description , and that you may expect before our Departure . Ar. You direct good Measures ; but let me first advise you to observe Access , Situation and Strength , the Complement and Resolution of their Armed Men ; their Arms also , Ammunition and Artillery ; what stock of Provisions is stored in their Providors ; and whether Nature or Art challenges the Superiority in her Fortifications . This is part of the Task you impose upon your self ; and by Noon be in readiness for our Departure ; about which time ( if I calculate right ) the Tide will commode us for our Northern Passage over the trembling tottering Sands . In the mean time , let not the Night nor our Sleep invade us , nor our Watchings slide into wanton Embracements : For the Watchman of the Night will declare against such , and a Serpent conceal'd in the Secrets of Conscience , shall gnaw and devour our Habitations with our selves . Th. Vainly and profusely to lavish Time , we but flatter our selves with sordid Delusions , that vanish if but touch'd by the cold icy Finger of Death . How in a trice Honours become fugitive before us ; and Mortality in a moment incorporates with the Grave ; Tissues and Orris Hangings become a Prey to the Moth ; and polish'd Pavements of Jasper , with those others of Marble , how quickly Time translates them into Tombstones : Nay , those Delicacies and Viands that surprized the Palat , are by this also converted into nauseous Excrements . So that upon the whole , this Elementary Composition in conclusion results in Dust and Ashes . Ar. It 's very true : for did Man but consider the Instability of Transitory Enjoyments , he might read himself more miserable in living than dying ; but there is a State ( tho unknown to the Ignorant ) that is too great and glorious for Mortals to purchase : but Christ hath already done that for inglorious Man , whose longest Progress of Life on the Stage of this World , is no more than a Dream to the length of Eternity . Th. Now the fair Star Aurora springs upon us , I must be stirring , Arnoldus ; you know I have set my self a Task to survey this City and Fortress of Carlisle , which I purpose to describe . Ar. That will be time enough about Noon . Th. And it may be I can do it now as well . Ar. Come then , let us have it ; I see you 're in haste . Th. Carlisle , I have considered it but a little City , a little Observation therefore shall serve to describe it . However , it 's a Fortification ( that 's true ) tho it stands in a Nook , or more properly to call it a Corner of England , whose Foundations are Rocky , and surrounded with a Stone Wall. At the South Entrance you may observe a small Citadel fronted with Stone , and such are the Houses of the same Material ; nor are they much elevated into the Air , where the Battlements are seen above the Houses , which argues the Wall a serviceable Defence . In the midst of the Market-place they parade their Guards : And at the North-west End of the City stands their Castle ( strong and formidable ) upon whose bulky Battlements several Pieces of Cannon are planted , to scatter Fury in every Quarter . There is also a Cathedral situated South from the Bastions of the Castle , worthy any Man's Description , were it not so torn to Tatters that there 's little to describe , which only serves now as a Monument to gaze at , because impoverish'd by the strokes of Time. But the Ports , and sally Ports of this Northern Fortress are girt about with Rocky Stone ; and the Wash of Eden bathe some of her Sconces ; that River I mean where Arnoldus fish'd when he slew the Trouts . Ar. It 's very true , the River Eden floats near the Skirts , and the Fortifications of Carlisle . But then you must consider there 's another River , commonly known by the Name of Annon , ( of a more rapid Motion , and more resolute Streams ) which issues from the famous Top of Erricsteen , not far from as famous a Mountain called Tintaw . This Annon glides along the Southern Marshes of Scotland , which afterwards espouseth with the Ocean Westward , and gives Name to a Dale , commonly called Annon's Dale . But there 's another River the Natives call Ask , which juts just upon Annon , on the Scotish Promontories , so tumbles into the Sea at N. Nor-West , as near as I can guess at the quaking Sands . Th. Pray give us that Relation ? Ar. I remember on a time as I travelled these Parts , to Admiration I saw two thousand Horse , all advance in Divisions over those silly Shores , which so prest and deprest the tottering Surface , that not till then , nor before , I had ever seen Sands shap'd into Vallies , then again into Mountains ; nay , such prodigious over-grown Mountains as almost amaz'd me : because when to behold from such palpable Levels , Mountains as it were rais'd up in a moment ; and in the twinkling of an Eye , all melted into Vallies . And the nearer the Bodies approached one another , the farther they seemed to be asunder . So that upon the matter the Advance of this Brigade , was little more than to make new Hills , and depress and sink them again into Dales . So that looking behind me when discharging the Fords , there was nothing remaining but Sea and Sand , chequer'd as it were parte perpale . This is the first of our Northern Wonders , and the Rarity is almost beyond Belief , were it not so commonly experienced by almost every Traveller that travels these Northern remote Parts : otherwise it might render me ridiculous to report it , and look too fabulous to gain a Reputation . But he that has beheld this admirable Prospect will credit my Relation , whilst the more ignorant and prejudicate suspend their Censures . Th. And must we adventure to attempt these tottering Sands ? Ar. Yes , indisputably we must . Th. In my Opinion then it 's requisite we summons a Guide . Ar. That 's well considered , for there 's no passing without one . Th. So ho , Iockey . Servus . Wha's there ? Th. Here 's one or two that want a good Guide to pilot us over these sinking Sands . Servus . I se come belive . Ar. Prethee come now , and direct us over these quaking Sands . Serv. Marry sall I , I se be your Guide I tro , to speeroot the bliethest and the bonnyest Gate I con : haud a Plack , I se but fet my Spere and Cutrements , whelk in guid fa I may not won without . Ar. Then take 'em with you . Serv. Marry sall I , sa that now and then as I gang by the Gat , gif the Bourn be clear , and I se pre a guid blink ; I se wap a Samon ore the Crage I tro , than with a Grip ore his Luggs we my ene hand ; I tro I se hold him a bit , an for au his struggle , I se mar his march to Sea any mare . Come ben me Joes , and won awaugh ; span y ar Groond ore this silly Bourn , I se pre it , and prieve it ; it 's guid enogh , come awaw , follo me now . Whelk way won ye , ken ye I tro ? Guid fa Sirs , y ar misleard , won away thick way , mare and mare yet to thick hond : For an the quick Sands get a grip au yor Nagg's shakle Bene , gude far Sirs hee l womble doun the bourn ; an what au ye then ? but au's wee l enof now ; for now ye treed on bonny Scotish Grond . Th. I know not what Ground it is , nor what to call it ; but this I know , that I 'm glad we can welcome our selves on this side Danger . What think you , Arnoldus , have not we made an eminent Exchange , to truck a Southern Rose for a Northern Thistle ? Farewel old England , I shall venerate thy Memory , and thy fertile Medows , and never forget thy florid Fields that glut the Sithe , nor thy fragrant Gardens that perfume the Air. Ar. And welcome Scotland , I say ; for this Night I purpose to lodg in Dumfreez ; but who must carry our Impliments and our Fish ? Th. Let us catch 'em first , and then consider their Portage . Ar. That 's but little difficult to do , where every Field is accommodated with Rivulets , and every Rivulet furnished with Trouts , as we travel along this mountainous Coast of Galloway : Look but before you , and view those Ports ; such are the Entrances into the Decays of Dumfreez , whose Situation and Buildings bespeak it spacious , and a Town that will furnish us with Fish and Flesh ; where we may stay till to Morrow , and solace our selves with her flourishing Streams ; whose lofty Banks barrocade the beautiful Pontus Arnotus , a pleasant portable River below the Situation of the Town ( unplundered of Exercise ) that will recreate and recruit us with Fish enough , if the Season but serve to experiment the Art. Th. I approve very well of your Motion , but a Modicum first will be very seasonable . Let us summons the Cook to know what he 's got in the Kitchin ; and give Charge to the Chamber-Maid ( if there be such a thing in Scotland ) to take care that the Windows be deck'd and adorn'd with Flowers , whilst the Boards and Floors are strewed with Greens : For I 'll examine every Thread in our Beds , to see if they be cleanly wash'd , and throughly dried , the better to accommodate us in our Northern Expedition . Ar. Do so , and I resolve in the Morning to examine your Breviate of the various Particulars of this Night's Entertainment , how you approv'd of your Lodging , with the memorable Apprehensions of England in Scotland . The Sauce also , you must tell how that savoured ; and the rest of your Delicates , how they digested ; together with your Linen , how richly perfumed . Th. Were not Complaint a ridiculous Orator , I would tell you the Mutton was small , but good ; but Cookery I perswade my self never worse contriv'd : And the Linen was sweet , and clean enough , of a modest Complexion , but not Lavender-proof : Then for their Pewter ( the like was never seen ) it was tarnish'd with nothing but a Face of Lead . The Beds I confess were soft enough , and if I don't mistake my self , short enough : Yet every Angler may without difficulty resolve how sweetly Rest relishes after Recreation ; and how grateful Solace seems after good Success . Shall we spread the Water this Morning with our angling Artillery , and examine the Fords before we feast our selves ? Resolve this Morning's Exercise my Benevolence , only stand by and furnish me with Directions . Ar. Your Motion inclines me to promote the Adventure , and the rather because to introduct you into the Anglers Society . Hold forth your Hand and grasp this Rod , take also this Box , and this dubbing Bag of Flies , and select a Choice . The Complextion of the Water must also be considered ; and Depths and Shallows are necessary Observations . But above all , mind carefully the Clifts of those craggy Rocks , from whence you must expect the head of your Game , if you angle for Trout . And be circumspect and cautious when and how you strike , lest peradventure Passion provoke your Discretion , so indanger the loss of what you labour for . Th. These are Soveraign Admonitions . Ar. Mind therefore your Directions , and fish like an Artist ; for here if your Line but reach the Water , you raise a Trout , or it may be a Salmon . Where note , if you be indigent of this generous Art , and unskilful to manage so eminent an Encounter ; perchance you 'l sacrifice your Labours to loss , so in conclusion lose your Reputation . Th. I shall be mindful of that . Ar. Then direct your Eye to those bubbling Streams , at whose murmuring Descents are most profound Deeps . But then again there 's Cataracts , and falls of Water ; from whose fair Invitations neither doubt nor despair of Incomparable Entertainments . That 's the Sirenes Seat of Trophies , where Trouts tumble up and down for Diversion : don't you see them pick , and cast themselves on the Surface of the Streams , amongst those knotty stumpy Rocks , almost drown'd in Water ? Lay but your Line in at the tail of that Stream , where it 's sheltred with craggy rocky Stones , and manage your Game with Art and Discretion , I 'le uphold you sport enough ; but be circumspect ( be sure ) and look well to your Line , lest peradventure your Tackle be torn to pieces . Th. Doubt not of my Care and Circumspection . Ar. Then take your Lot , and cast in your Line ; and flourish your Fly , for it 's dub'd with Bears Hair ; and the Point of your Hook , it 's so snug and so sharp , that , as it ought , it must always hang downward . Moreover , it 's proportioned of an excellent Compass , wing'd also with the dapple Feather of a Teal ; a dangerous Novel to invite a desperate Fish ; and sutable to the Day and Season , in regard it 's bright . Th. Why thus to capitulate ? let us in amongst them . Ar. Two words to a Bargain ; be better advised . Th. It 's past that now , and I 'm past my Senses , to feel such Trepidations on a sudden invade me ; What 's the matter with me that I 'm thus out of Order ? Ar. I perceive you disordred , but not much deliciated . Th. If I were , it 's folly to complain , when past all hope to expect redress . Ar. How know you that ? Th. I know you won't tell me what it is that tugs thus . Ar. It may be a Trout ; or it may be a Salmon . Th. Or it may be both , for ought I know ; for it 's almost impossible that one single Fish should raise the Water to such Eruptions . Ar. And impossible for you ( I perceive ) to reclaim him . Th. Do but resolve me what it is , and then I 'le resolve my self what to do . Ar. Make your own choice , what would you have it ? Th. I would have it a Fish. Ar. So it is ; and it may be a Fish of the largest size : therefore look well about you . Th. I may look which way I will , and despair at last ; what makes the Water swell with Ebullitions ? Ar. Nothing I suppose but a change of Elements , the Fish has no mind to come a Shore . Th. And I have as little inclination to go to fetch him . Ar. Then were your Hazards equal ; and hitherto as I apprehend , you have much the Odds. Th. Odd or Even , I know not how to manage him . Ar. Would you put a force upon Neptune , to compel his Subjects a Shore ? Th. Had I Skill enough , I would certainly do it . Ar. So I perceive ; but you 'r almost now at a stand ; Pull . Th. On the other hand he strives to pull all in pieces ; which he will certainly do , if I do not reclaim him . But where is he now ? Ar. Gone to the bottom , it may be . Th. And it may be I begin to smell the Plot ; he courts the Deeps for Self-security . Ar. Then you fancy the Streams won't protect him ; because there 's no Plot in them . Th. Plots for the most part you know lie deepest ; so he sinks to the Bottom for Self-preservation , and creeps to Death as if of old Acquaintance . Ar. Rash Results reap Repentance : mistake not your self by dooming his Death ; he 's but slipt to the Bottom to recruit himself , and indenture with Stones to oblige their Protection . Th. What must we have now another Vagary ? Is my Scaly Companion surrounded and compounded of nothing but Frolicks ? which for ought I know may cost him his Life , if he is not mindful to look to his Hitts . Ar. And you must be advised to look well to yours ; for he 'l not come a Shore to beg his Life . Stand fast therefore , and call to mind your former Rudiments ; for trust me I shall give you no other Supply than some friendly Admonishments to reconcile you together . Th. What , no Directions ; nor any farther Instructions ? Ar. If two to one be odds at Football , and against the Rules and Law of fair Play , the very Thoughts on 't would make me blush , and appear shamefac'd , if but to think two Anglers should at once consult together to encounter one Fish. Th. Then I 'le fight him my self , and run my own Destiny . See where he comes tumbling and tossing , and volting himself in the stiffest Streams . Can no Element contain his active Violence ? Will he twist his Tail to cut my Line for an Experiment ? But this kind of cunning may perchance defeat him ; he may prick his Chaps , and yet miss my Bait. Ar. And you may miss him , that won't stand upon a Trifle . Th. A Trifle did you say ? I 'le trifle him no longer . Ha Boys ! he 's gone again . Ar. I suppose he 's gone where you can't come at him ; and that 's to the Bottom for another Insurrection . Th. So it appears , for he 's invisible in a Moment . This is a kind of Hocus pocus : Surely I fancy he has out liv'd his Time. Ar. Flatter not your self with that fly-blown Opinion ; for I 'm apt to perswade my self he 'l live beyond the Art of your Exercise ; this I know and perceive by his working , that if you work not wisely , he 'l work a Reprieve . Th. Then I 'le work with him , and trifle him a Shore , to examine the Point , and exchange of Elements . I see he 's convulst by fluttering his Fins ; and I 'm sure he 's half dead by rigling his Tail ; nay , more than that , he lies still without Motion : And are not all these mortal Signs of Submission ? Ar. And if he submits , he dies without Redemption : and Death you know is a total Submission . Th. I 'le kill this Fish , or forfeit my Reputation . Ar. Take your Chance , for I know you are resolute . Th. I 'le take my Chance , and return Victorious . Ar. But there 's no Triumph you know , till possest of the Trophies . Th. And I am pretty near them , was it not that one or two Stratagems strangely amuse me ; the one of them is the casting himself on the Surface , as if designing thereby to cut my Line ; and the other his fastning himself in the Bottom , thinking , as I apprehend , to tear all in pieces ; which if he do , I lose my Reputation : besides I grow weary , and would fain horse him out . Ar. You may do what you please , you are Lord of your own Exercise ; the Law is in your Hand , manage it with discretion . Th. I 'le manage it with all the industry I have . Ar. Do so , and you will see the Event . Th. Then have at all . Ar. And what have you got ? Th. I have got nothing but the Foot-steps of Folly. Ar. And Nothing out of Nothing is Folly in the abstract ; was not I Prophetick ? Th. An Oracle too true to confirm my Loss ; for what have I left ? nothing but Folly , to lament and condole this fatal Conclusion : to be rob'd by a Fish that I reckoned my Reward ; Is not this Felony , to steal my Tackle , and ruin an Angler ? but he 's mark'd for my own , and let whose will take him , I 'le challenge an Interest . Ar. That 's very pleasant ; when another has catch'd him , you 'l put in your Claim . Th. So I will , where-e're I find him ; for his Marks I am sure will certainly betray him . Ar. As if he wore your Livery to no other purpose than to describe his Servitude . Th. So he does ; for my Hook I am sure hangs still in his Chaps , and part of my Line is entailed to it . Ar. I thought all along what it would come to , for I knew well enough there was nothing wanting but the exercise of Patience to kill this Fish. Th. What would you have done had it been your Case ? Ar. I would not have handled my Play-fellow so rudely . Th. What! you rather laugh at me , than pity my Loss . Ar. I pity the Fish to feed upon such sharp Commons . Th. Peradventure the Hook may go near to choak him . Ar. That it will never do , nor hardly check him upon a fresh Entertainment . Th. Why so ; will the Hook remain in his Chaps without Detriment to the Fish ? Ar. Some small Season it may remain ; but Time and Action soon discharges it . For if when to consider his frequent Motion , his continual gliding and glancing against Stones , it loosens the part without Detriment to the Fish , so that the Hook of it self leisurely drops off . Th. How comes this to pass ? it's incredibly strange . Ar. Yet not so strange as true that you have lost a Line , as compleat a Line as Art could proportion : it 's well you kept your Rod , for I 'le assure you it 's exactly taper'd ; and as streight and plient as ever flourish'd a Fly to facilitate Death by D●xterity . But this artificial Novel you lost but now , gives no more satisfaction to a voracious Appetite , than a Witch's Banquet ; or the unlimited Desires of a wretched Usurer , who never desists the pursuit of Riches , till tantaliz'd , like your Game , to Death with a Trifle . And now Theophilus , I must reprove your Precipitancy , because a great Error in young Anglers . Patience must be moderated to promote the Art , and Time procrastinated to proclaim the Angler an Artist . These Precepts I have laid down oftner than once , always provided your Swim be clear , your Line long , and strong enough ; then shall you see the Fruits of your Labour , and the Fish himself act the part of a Felon , that puts a Knife to his own Throat , wherewith he secretly murders himself : and that this Desperado had certainly done , upon exchange of Elements , so become his own Executioner ; who beyond dispute had struggled to strangle himself ; which without difficulty is easily and the more expeditiously done , by frequently but cautiously exposing him to Air ; for that suffocates his Vitals , whereby he necessarily falls under very fatal Cons●quents . And how little a thing blots out the Character of Life , every one knows , that knows Air is as Opium to force a sleepy Pulse ; that deprives of Motion , and makes passage for Death . Be mindful therefore to observe Directions in handling and managing your Rod and Line , and cautiously keeping your self out of sight : all which Precautions are requisite Accomplishments , which of necessity ought to be understood by every ingenious Angler . And so is that secret Art of Striking , which ought never at any time to be used with Violence ; because with a moderate Touch , and a slender proportion of Strength , the Artist for the most part has best Success . Another Caution you must take along with you ; and that is , when you observe your Game begins to make an out ; that is , when he bolts , or when he launcheth himself forth to the utmost extent of your Rod and Line , which a well-fed Fish at all times frequently attempts , upon the least Advantage he gains on the Angler : be mindful therefore to throw him Line enough , if provided you purpose to see his Destruction ; yet with this Caution , that you be not too liberal . On the other hand , too streight a Line brings equal Hazard ; so that to poize your Fish , and your fore-sight together , is , by keeping one Eye at the Point of your Rod , and the other be sure you direct on your Game : which comes nearest the Mediums of Art , and the Rules and Rudiments of your precedent Directions . But this great Wound is easily solv'd ; for if when to discover your Fish fag his Fins , you may rationally conclude he then struggles with Death : and then is your time to trifle him a Shore on some smooth Shelf of Sand , where you may boldly land him , before his Scales encounter the Soil ; which he no sooner apprehends by the prospect of Death approaching ; as a dying Man that grasps every Twig , because thinking thereby to save himself ; so will your Game extinguish his Strength , and blaze out the Flames of his Life with a Struggle . Another Expedient is the landing-Net ; or the Landing-Rod , which I rather approve of : let the Swim be deep , or let it be shallow , we direct this Artifice to amuse the Fish , and facilitate his Destruction , when he struggles with Difficulties : Notwithstanding all this , some Hazards must be encountred , by the more Ingenious that flies high at his Game . Incomparable Sport the Salmon makes ; and so did this , for he made me laugh . Th. Why so severe to run at my Misfortune ? take the Rod if you please , and display your Skill , I 'le defy all your Art to discover such a Fish ; though unfortunate I must confess , to hazard my Reputation , with such ill Success ; whereby to lose such an eminent Encounter : but I am come to that point of Resolution now , that Fish that comes next but to smell my Hook , shall prize the Scent on 't so long as he lives ; where an Inch of my Line shall cost him an Ell of his Life ; though he attempts to saw my Line in sunder , with the ragged and jagged Teeth of his Tail. Ar. And is this the Earnest you intend to handsel us with ? Such a small Stock of Experience will neither admit of general nor particular Directions to instruct and initiate Proficients in the Art , to try their skill with a resolute Fish. Reach hither your Rod , and that Bag of Flies . Now should Fortune contribute equal Success , we need not despair of a hungry Breakfast : however , I 'le adventure , and have in amongst 'em ; Did you see him show ? Th. Yes , yes , I see something make a Show ; and it may be Fish. Ar. What a Fish with an it , and a may be too ? stand close , I advise you , for he 'l rise again , provided as hitherto he has made no discovery . Th. What then , will you discipline and teach him the Art of Invasion ? Ar. I 'le teach him to know that if one Element won't contain him , another must ; so , so , I have him fast enough to distinguish the difference . And now for the Landing-Rod to measure his Dimensions . See where he lies , and tell me how you like him ; can you think him as large as that you encountred ? Th. It 's no matter what I think ; it may be he 's Inferiour , or it may be Superiour . Ar. That 's modestly Ingenious , to lessen your Loss by advancing my Reputation . Th. And you more than fortunate to succeed so well : shall we lap up our Lines , and return to Dumfreez ? Ar. With all my Heart , for the Clock strikes Ten ; and the Sun is in his Elevation towards the Meridian . This is no time for farther examination , till about four after Noon ; except in an obscure and clowdy Day : for the Crisis and critical Time for Diversion , is late in the Evening , or early in the Morning . Th. It 's enough I perceive ; your generous Motion moves me to wave the present Recreation . On the other hand , your Experience I must confess promulges the Art , and your self an Artist . All this I grant , and more than this , since to confirm this Evidence quickens my Appetite . Ar. Ay , but what think you of the Wing of an Ox ? Would not such a Modicum melt sweetly in your Mouth ? Th. If luxurious Dreams , and Witches Banquets are equally alike impoverish'd Vanity ; then to contemplate England in the Bowels of Scotland will represent to us but fictitious Delusions . Rather would I have you tell me how you like the Commons , and tell me then how you approve the Cookery . Ar. I like it so well , that I could heartily wish it had been better ordered for your Entertainment ; but the difficulty is such in this Northern Latitude , that good Cooks and good Fish seldom dwell together . Th. Then let them dwell asunder ; however , it 's well it is as it is , better ill-cook'd than none at all . However , in the mean while reflect on your self , and give us a Description of the Town of Dumfreez . Ar. I fancy e're long you will change your Note , when you traverse these pleasant Northern Tracts . In the mean time I 'll gratify you with a Breviate of Dumfreez , where a Provost , as Superintendent , supplies the place of a Mayor ; a Magistrate almost as venerable as an English Constable . Th. That 's wittily applied ; What comes next ? Ar. Nay , hold a little , I have not done yet with the Eminencies and the Remarks of the Town of Dumfreez ; for you are to consider it was anciently a Town girt about with a strong Stone Wall : But the late Irruptions , or perhaps some State-Disagreement has in a manner defaced that regular Ornament ; otherwise the cankrous Teeth of Time have gnawn out the Impressions , as evidently appears by those ruinous Heaps . Nor is the Arnotus in all parts portable , notwithstanding her Shores are so delightful . Th. What is there more yet ? Pray go on . Ar. In the midst of the Town is their Market-place , and in the Centre of that stands their Tolbooth , round about which the Rabble sit , that nauseate the very Air with their tainted Breath , so perfum'd with Onions , that to an English-Man it is almost infectious . But the Kirk is comely , and situated South-ward , furnished once a Week with moveable Spectrums , ( you know what that means ) yet the Outside than the Inside is more eminently imbellished , if Sepulchres and Tombstones can be said to be Ornaments : And where Death and Time stand to guard the Steeple , whose Rings of Bells seldom or rarely exceed the critical Number of Three . Here also you may observe a large and spacious Bridg , that directly leads into the Country of Galloway , where thrice in a Week you shall rarely fail to see their Maid-Maukins dance Coranto's in Tubs . So on every Sunday some as seldom miss to make their Appearance on the Stool of Repentance . Th. Then it seems by your Relation they keep time with their Comers , that hazard their Reputation for a Country-Custom ( or the love of Liquor ) rather than omit a four-Hours drinking . Ar. That 's true enough ; and it 's an antient Practice among the Female Sex , to covee together ( about that time ) as naturally as Geese flock'd to the Capitol . Now the very Name of Comer they mightily honour ; but that of Gossip they utterly abominate , as they hate the Plague , or some mortal Contagion . So that whether to conclude it a vulgar Error , and an Abomination among the Scots to lick up an English Proverb , it matters not : Or whether to fancy a more laudable Emphasis in the word Comer , than there is in Go-sip ; I leave you to judg of that , and those other abominable Customs , that drink till they sigh to do Penance for their Sins . Will this expiate the Crime , and extenuate the Fact ? Th. Yes , when Oil quenches Fire ; or Fire forgets its natural force to burn . So let us leave Dumfreez , and accommodate our selves with the Country-Curiosities : and to make our Design yet more sweet and pleasant , let us rally what Descriptions of Places we can , not only to gratify our selves but others . In the mean time favour me with your bad Fortune of the Dish of Sewins , and the Duck Moggy drest , when she flung it into the Fire , to singe off the Feathers . Ar. Why thus to reflect on the Country-Absurdities ? Had you been then in place , distress'd as we were , I doubt not but that Duck had gone daintily down , notwithstanding you think it so sluttishly cook'd . Hunger at no time solicits Sauce to incite ; and Necessity as little as any thing disputes Dainties . The Landskip of Want invades natural Strength , and reads Lectures legibly in any Man's Features . But the manner of their Cookery , or rather Scotish Sluttery , I 'll tell you the Story , and how it was . Th. I shall be very attentive . Ar. Near the English Promontories stands the Town of Iedard , whose Skirts are wash'd by the famous Tweed . But Westward from thence ( and inclining yet more Norward ) are the remarkable Antiquities and Ruins of Boghall ; and not far from thence is the admirable Tintaw , a prodigious Mountain over-looking the Marshes . From whence , or from Erricsteen ( that 's not far from it ) there issue forth three eminent and considerable Rivers ; as that of the Tweed , Loyd , and the River Annon : But of these three Rivers we shall discourse more at large , as opportunity presents in its proper place . And now let 's advance to our Country Cottage , since compelled by the Extremity of Rain , and encreasing Waters . To which place when we arrived , like Men in amaze , we stood gazing at one another , because to see the Sheep grazing on the Tops of those Houses , where there was hardly Grass enough to graze a Goose in . By this you may conclude their Buildings but low , and I 'm sure their Doors and Entrances were so strait , that they exercised our Strength beyond our Art. Archimedes Engines signified but little , till the Souldiers set their Shoulders to support the Eves by which means the Horse got an Entrance in : and that Horseman that was not throughly wet , was doom'd that Night to go Supper-less to Bed. Thus in a Storm we stormed the Town , and 't would make a Man storm to be treated only with Oatmeal , of which we made Cakes ; for every Souldier became a Baker ; and the Flesh-meat they procured us was drest without Slaughter ; for none we had except my Duck ( you formerly discours'd ) so that most of us roosted with an empty Appetite : and every Man that went that Night to Bed , was sufficiently alarum'd before it was Day . Oat-straw was our Sheets , and Port-mantles our Pillows . It 's true , some had Cloaks , and 't was well they had them , otherwise they had been constrained to use Plads ; and he that used one but to cover his Carcass , mustred ( I uphold him ) more gray Coats than black Coats , that claw'd him more perniciously than a Middlesex Bailiff . The next Day we recruited with some Country Ale , but so thick and roapy it was , that you might eat it with Spoons . Besides , some small quantity of Mutton was brought us , enough to discover the Cookery of the Country : and the Linen they supplied us with , were it not to boast of , was little or nothing different from those Female Complexions that never washed their Faces , to retain their Christendom . But among the rest I had almost forgot to remind you , that the Souldiers and the People were jointly agreed to part without the loss of one Tear in the Morning . Th. I hope not to see , nor would I willingly dream of such bad Commons , a hungry Belly , and nothing to bite on ; nay , worse than that , more Sluts than Cooks : and in every House fowl Women , fowl Linen and fowl Pewter ; yet in their Rivulets such Silver Streams . What , not a Bed , nor a Thread ( but linsey lowsy ) to keep a Man dry ! who could project or contrive worse Entertainment for the worst of his Enemies ? Ar. Why , how now , Theophilus , is it that time of day ? he 's an early Angler that angles by Moonshine . Th. Mistake not your self , I 'm only groping for Baits ; it may be I purpose to angle early . Ar. Who questions it , when you catch 'em so fast before Sun-rise , what will you do when it's break of Day ? Th. O , Arnoldus , I 'm almost worried to death with Lice , my Skin is all motled and dapled like an April Trout . Can you blame me to relinquish this lowsy Lodging , when my batter'd Sides are pinck'd full of Ilet-holes ? One Brigade pursues another , and Flight I find the best Expedient ; for my Enemies I perceive are so desperately resolv'd , that they 'll rather die than quit the Field . Dangers foreseen are the sooner prevented , and I design to sleep in a whole Skin as long as I can . Zanker , farewel , I am glad to see thee behind me , and no need of a Chirurgion . Ar. Did you think of Boghall , when the Vermin last Night were so busy about you ? the Story of my Duck was pleasant to you , and so is this to me . Those Characters and Impressions seal'd on your Sides ( by these Scotish Interlopers ) will oblige you to remember Zanker these seven days . You have not been used to such coarse Entertainment , nor treated as I have been , with such Scots Commons . Is this the fruits of private Practice to compleat your self a Graduate , tho you steal your Preferment from a Nitty Corporation ? at the best you can be but Batchelor of Backbiters-hall . But now jesting is done , and you 're half undone I perceive ; what will you do now in reference to Zanker ? can you give us a Relation of that Corporation ? Th. Yes , that I can , and will do , notwithstanding the Difficulties I have encountred . Zanker stands situate on a Flat or Level , surrounded as you see with excellent Corn-Fields : but more remote it 's besieged with Mountains that are rich in Lead-Mines . The Planets I fancy them very benevolent to influence this swompy Rocky Earth , and shine Metallick Blessings into them , to commode the indigent and almost uncultivated Native . Heaven it 's true , is always propitious , because never to impose the Law of Sterility , when to supply the whole World with the Bounty of Increase . And tho the People hereabouts are destitute of Ingenuity , and their Fields for the most part impoverish'd for want of Cultivation ; yet are their Rivers and Rivulets replenished with Trout , because undisturb'd with the noosy Net , which augments the Anglers , if not the Artizans Entertainment . Ar. Here 's no Character of Zanker all this while . Th. I am just coming to tell you , that Zanker is a Town and a Corporation too ; tho not bulky in Buildings , yet there is a Bailiff , Master sometimes of a Brew-house , whose Entertainments ( in my opinion ) may easily be guest at , provided you reflect on our late Accommodation . There is also a Market-place , such an one as it is , and a kind of a thing they call a Tolbooth , which at first sight might be suspected a Prison , because it 's so like one ; whose Decays by the Law of Antiquity are such , that every Prisoner is threatned with Death before his Trial ; and every Casement , because bound about with Iron-bars , discovers the Entertainments destined only to Felons . Now the Market-place is less worthy of a Description than the Tolbooth ; for no Man would know it to be such , were he not told so . There is also a Kirk , or something like it ; but I might as reverently call it a Barn ; because so little to distinguish betwixt them , and the whole Town reads daily Lectures of Decays ; so do her Ports , her Avenues and Entrances . Where note , I call her the Child of Antiquity , by reason of her Ruins and irreparable Decays . It 's true , I was not murdered , nor was I kill'd outright , yet I narrowly escaped as eminent a Danger , when almost worried to death with Lice . Ar. However , I am glad you escaped without Scars ; and advise for the future , that you examine your Lodging before you make your formal Entrance . In the mean time , let me restitute some part of Amendment , by an easy , tho solitary Journy over this mountanous Country , to sweeten your Entertainment . And in regard of your Unexperience in these Northern Tracts , I shall direct our Course through the Coast of Galloway , a Compendium of the Highlands immerg'd in the Arms of the Low-lands : and I 'll appeal to your self , when you have seen her Fertility , if you do not envy her blest Inhabitants , because inrich'd with the Plenty of Rivers and Rivulets , Woods and Groves ; besides , benevolent Fields , and profitable Pastures Yet sometimes we must ramble o're some rotten Bogs , as now we do ; and permit our Feet ( as at other times ) to climb those knotty craggy Mountains , that , like a Gnomen , direct to the Town of Kilmarnock , a kind of a Corporation , where we may expect the comfortable Issues of good Entertainment ; for worse than the last is madness to contemplate . Th. Is that the Town that presents at a distance ? Ar. Yes , that is Kilmarnock , an antient Corporation , heap'd up and crowded with Men and Mechanicks : through the midst of whose crazy tottering Ports , there runs a River replenished with Trout , where we may treat our Appetites , as already our Apprehensions , with the Entertainments of Dumbarton , whose rapid Streams when we come to examine them , are enough one would think to surfeit the Angler . To which place it is now but one days Journy , nor need we hackney it at more than an ordinary rate , before we discover those beautiful Ascents , and the Hostile Habitation of our Friend Aquilla , that dwells in those Western florid Fields , who will bid us welcome , and rejoice to see us . Nor will Glasgow be any Impediment in our way , whilst we only survey her beautiful Palaces , so direct to the lofty Turrets of Dumbarton . Th. Let the Sun , or his Star the beautiful Aurora , arrest me , if otherwise I arise not before break of Day , and be in readiness for a March to the famous Glasgow , where you purpose to refresh , and briefly examine the City-Curiosities ; as also the Customs of their magnificent Situations : whose Academick Breasts are a Nursery for Education , as the City for Hospitality . And let this be your Task as we travel to Dumbarton , to give us a Narrative of the Antiquities of Cloyd , as also of the Town of Kilmarnock , where we slept this Night , that so bravely refresh'd us . Ar. That I can do as we ride along . Th. Do so , it will be very acceptable . Ar. Then to expostulate the Antiquities of Kilmarnock ; as it would puzzle the Pen of an ingenious Historiographer , so I for that end was thinking to evade it , and refer it to some other of more mature Judgment ; since you your self , and consequently others that read my Relation , will probably reduce me to the Probate of a Censure . On the other hand , the Native who lives under an Expectation , would equally condemn me for my Taciturnity , should I silently pass by and imprint no Remarks on their Silty Sands , and Silver Streams . To this Dilemma I am driven by the Censures of some , nor can I escape the Clamours of others : So that I sail betwixt Sylla and Charibdis . However , I shall use my best Endeavours to gratify both as near as I can , and consult the mean and Mediums of Veracity , so far as Experience and Discovery can inform me : So that I shall say but little more than to tell the World that Kilmarnock is an antient Corporation , crowded with Mechanicks and Brew-houses . Th. But that 's not all . Ar. If not enough , then you must have more it seems ; and not only for your self , but for those that are more inquisitous . And what will they say ? why you and they both will tell me , it 's only risling into Ruins . Nor indeed is it other , when in our Progress we proceed to prove little more , save only a discovery of Ruins and Decays . Th. Be it what it will however let us have it . Ar. Well then , if to go one step further , surely it won't cripple me : let me tell you then , it 's an Antient Manufactory . Th. And what of all that ? is this more than what we formerly knew ? Ar. It 's more than I knew , that you knew so much . But this Discourse , Theophilus , better becomes an Antiquary , than one that queries : for should I but step into her dirty Streets , that are seldom clean but on a Sun-shiny Day ; or at other Times , when great Rains melt all the Muck , and forcibly drive it down their cadaverous Channels into the River Marr , whose Streams are so sullied then , that the River loses its natural Brightness , till the Stains are wash'd out , so become invisible . All which to examine , is enough to convince you , that the Influence of Planets are their best Scavenger : for the Natives in this Northern Latitude , are naturally so addicted to Idleness and Nastiness , that should not the Heavens contribute the Blessings of Rain , they would inevitably surfeit with their own Uncleanliness . Th. All this we will grant you ; the Footsteps are evident . Ar. Where note , these Inhabitants dwell in such ugly Houses , as in my Opinion are but little better than Huts ; and generally of a Size , all built so low , that their Eves hang dangling to touch the Earth : nor are they uniform , nor hold they Correspondency one with another : and that which is worse than all the rest , is their unproportionate ill Contrivance ; because , when to consider a Dwarf of a House , so covered over with a Gigantick Roof . By which you may imagine , our former Projectors had but little Project for curious Contrivances ; and to speak plain English , as little costly . The next thing in course that falls under our Consideration , will be their Artificers . But the Moors ( more than all the rest ) have gain'd the Reputation for the temper of Dirks , Razors and Knives , whose Temper is so exact , that it super-excels all the Mechanicks in Scotland . Where note , you may observe there are Artists amongst them , though not one good Structure to be found in Kilmarnock ; nor do I remember any Wall it has , but a River there is , as I formerly told you of , that runs through the Town ; over which there stood a Bridg so wretchedly ancient , that it 's unworthy our Commendations any otherwise , than as Travellers commend the Bridg they go over . Another part of their Manufacture is knitting of Bonnets , and spinning of Scotish Cloth ; which turns to very good Account . Then for their Temper of Metals , they are without compeer ; Scotland has not better . And as they are Artizans in Dirks , so are they Artists in Fudling , as if there were some Rule in Drinking . So that to me it represents as if Art and Ale were inseparable Companions . Moreover , their Wives are sociable Comers too ; yet not to compare with those of Dumblain , who pawn their Petticotes to pay their Reckoning . Th. Here 's a jolly Crew of Alemen ( but very few Anglers ) crowded together in the small compass of a little Corporation , curiously compacted . For the Houses you may observe besiege the River ; and that River to divide the ruinous Ports , left only as Reliques that remain discoverable : however it 's my Opinion that a Stone Wall has incircled the Town , since hitherto as to Observation , there 's rarely a Town of any eminency in Scotland , but is or has been beleagured with a strong Stone Wall ; but as to that I 'le silence my self . Ar. Well then , I 'le proceed to pilot you down these solitary Descents , that direct to the eminent Ports of Air , near whose difficult entrances stands a strong Citadel , formidable and spacious , in the Base of a Pentagon , erected on purpose to reduce Insurrectors . Th. Must we dismount these Hills , to traverse those Valleys ? Ar. Yes , surely we must , if designing to trace the fertil Fields and beautiful Plains of the now famous and flourishing Glasgow , where we may accommodate our selves with various Guriosities ; for the Days are long enough , and our Journey no more than a breathing to Dumbarton . Now the first Curiosity that invites us to gaze at , is a large and spacious Bridg of Stone , that directs to the fair lmbellishments of Glasgow . But our next Entertainment , is the pleasant Medows , and the portable Streams of the River Cloyd , eminent in three Capacities . The first is , because of her numberless numbers of Trout . The second is , because of her multiplicity of Salmon . But the third and last is , from her native Original , and gradual Descents ; because so calmly to mingle her Streams with the Ocean . Not that we now consider her florid Medows , nor shall we recount her Nativity from Tintaw , because so strongly opposed and presum'd from Erricsteen , distant from thence some few odd Miles . Th. If you please , let that Argument drop till farther Opportunity . Ar. I am thinking to do so , and proceed to discourse this eminent Glasgow . Which is a City girded about with a strong Stone-Wall , within whose flourishing Arms , the Industrious Inhabitant cultivates Art to the utmost . There is also a Cathedral ( but it 's very Ancient ) that stands in the East Angle , supervising the Bulk of the City , and her ornamental Ports . Moreover , there are two Parish-Churches ; but no more to the best of my Observation . Then there is a College ; which they call an University , but I 'm at a stand what to call it , where one single College compleats a University . Now let us descend to describe the Splendor and Gaity of this City of Glasgow ; which surpasseth most , if not all the Corporations in Scotland . Here it is you may observe four large fair Streets , modell'd , as it were , into a spacious Quadrant ; in the Centre whereof their Market-place is fix'd ; near unto which stands a stately Tolbooth , a very sumptuous , regulated , uniform Fabrick , large and lofty , most industriously and artificially carved from the very Foundation to the Superstructure , to the great admiration of Strangers and Travellers . But this State-house or Tolbooth , is their Western Prodigy , infinitely excelling the model and usual built of Town-halls ; and is , without exception , the Paragon of Beauty in the West ; whose Compeer is no where to be found in the North , should you rally the Rarities of all the Corporations in Scotland . Here the Reader ( it's possible ) may think I hyperbolize ; but let him not mistake himself , for I write no Ambiguities : Truth stands naked in plain Simplicity ; and Partiality I abhor as a base Imposture . He that reads my Relation , and the Morals of this famous Glasgow , will vindicate my Description , and place the Fault to him that invents the Fable ; for it 's opposite to my Genius , as also to my Principles , either to deface a beautiful Fabrick , or contract a Guilt by magnifying it beyond its due Merit . I have , and therefore shall , as near as I can , in an equal Poize ballance things aright . Permit me therefore , as a Licentiat , to read you but a short , yet pertinent Lecture , and I 'le tell you what Entertainments we met with in Glasgow , as also what hopes we have to meet with the like in the Circuit of our intended Northern Progress . But this I offer to the Dubious only ; if peradventure there be any such as scruple , I 'le refer them to the Natives to evidence for me , which I am satisfied they will with ten thousand Manifesto's . In the next place , we are to consider the Merchants and Traders in this eminent Glasgow . Whose Store-houses and Ware-houses are stuft with Merchandize : as their Shops swell big with Foreign Commodities , and Returns from France , and other remote Parts ; where they have Agents and Factors to correspond , and inrich their Maritime Ports , whose Charter exceeds all the Charters in Scotland : which is a considerable Advantage to the City-Inhabitants ; because blest with Privileges as large , nay , larger than any other Corporation . Moreover , they dwell in the Face of France , and a Free Trade , as I formerly told you . Nor is this all , for the Staple of their Country consists of Linens , Friezes , Furs , Tartans , Pelts , Hides , Tallow , Skins , and various other small Manufactures and Commodities , not comprehended in this Breviat . Besides , I should remind you , that they generally exceed in good French Wines , as they naturally superabound with Fish and Fowl ; some Meat does well with their Drink . And so give me leave to finish my discourse of this famous Glasgow , whose Ports we relinquish to distinguish those Entertainments of Dumbarton , always provided we scatter no Corn. Th. What to think , or what to say of this eminent Glasgow , I know not ; except to fancy a smell of my Native Country . The very Prospect of this flourishing City , reminds me of the beautiful Fabricks , and the florid Fields in England , so that now I begin to expect a pleasant Journey . Pray tell me , Arnoldus , how many such Cities shall we meet with in our Travels ; where the Streets and the Channels are so cleanly swept , and the Meat in every House so artificially drest ? the Linen I also observed was very neatly lap'd up ; and , to their praise be it spoke , was Lavender proof : besides , the People were decently drest , and such an exact Decorum in every Society , represents it to my apprehension an Emblem of England , though in some measure under a deeper Die. However I 'le superscribe it the Nonsuch of Scotland ; where an English Florist may pick up a Posie : so that should the residue of their Cities in our Northern Progress seem as barren as uncultivated Fields ; and every Field so replenished with Thistles , that a Flower could scarcely flourish amongst them , yet would I celebrate thy Praise , O Glasgow , because of those pleasant and fragrant Flowers that so sweetly refresh'd me , and to admiration , sweetned our present Entertainments . Ar. Now the Day-star springs , and the flaming Steeds of the Sun invite our departure . The Smiles of the Weather prognosticate we shall reach Dumbarton in very good time ; where we may redress and refit such Tackle , as shall serve to accommodate both our Art and Exercise : for near to those famous and flourishing Ports , there glides a rapid and peremptory River , that gulphs forth of the Bowels of Loemon , replenished with Trout ; and beyond all measure of incomparable Salmon , ( if I calculate right ) where we may sport to Day , and to Morrow too , provided the Season serve to our purpose . So from thence we may pass into the Fields of Luss , ( by fording the Loemon ) where beyond dispute we shall gratify our selves with such solitary Entertainments , as the Angler most delights in : So from thence by crossing the Loemon Eastward , we arrive in the steril Fields of Bohanan ; a Situation by some thought almost inaccessible , by reason of Hills , and multiplicity of Boggs . Th. What lofty domineering Towers are those that storm the Air , and stand a tiptoe ( to my thinking ) upon two stately elevated pondrous Rocks , that shade the Valley with their prodigious Growth , even to amazement ? because to display such adequate and exact Proportion , with such equality in their Montanous Pyramides , as if Nature had stretch'd them into Parallel Lines , with most accurate poize to amuze the most curious and critical Observer ; though with exquisite Perspectives he double an Observation , yet shall he never trace a Disproportion in those uniform Piermonts . Ar. These are those natural , and not artificial Pyramides , that have stood , for ought I know , since the beginnings of Time ; nor are they sheltred under any Disguise : for Nature her self drest up this elaborate Precipice , without Art or Engine , or any other Manual , till arriving at this period of Beauty and Perfection : and because having Laws and Limits of her own , destinated by the Prerogative Royal of Heaven , she heap'd up these Massy inaccessible Pyramides , to invalidate Art , and all its Admirers , since so equally to shape a Mountain , and to form it into so great and such exact Proportions . Th. Then it 's no Fancy I perceive , when in the midst of those lofty and elevated Towers , a Palace presents it self unto us , immured with Rocks , and a craggy Front that with a haughty Brow contemns the Invader . And where below at those knotty Descents , Neptune careers on brinish Billows , arm'd with Tritons in Corslets of Green , that threatens to invade this impregnable Rock , and shake the Foundations ; which if he do , he procures an Earthquake . Ar. This is the Rock , and that which you see elevated in the Air , and inoculated to it , is an artificial Fabrick , invelop'd as you now observe in the very Breast of this prodigious Mountain ; which briefly , yet well enough , your Observation directs to , both as to the Form , Situation and Strength . Moreover , it 's a Garison , and kept by the Albions , where formerly our Friend Foelecius dwelt ; who of late , upon Preferment , is transplanted into Ireland ▪ however Aquilla will bid us welcome ; and if I mistake not , he advances to meet us ; look wishly forward , and you 'l see him trace those delightful Fields from the Ports of Dumbarton . Aquil. What vain Delusions thus possess me ! nay what idle Dotages and Fictitious Dreams thus delude me ; if these be Ghosts , which I fancy Men. O Heavens ! it's our Friend Arnoldus , and ( if I mistake not ) Theophilus with him . Welcome to Dumbarton . Ar. Thanks dear Aquilla , thus friendly to salute us ; we are come to see you , and have deserted the beautiful Tracts of Albion , to trample the solitary Fields in Scotland . Behold these Evidences ; we have brought our Rods , where note you may easily guess our Design . Aquil. Above all Men you are fortunate ; for had you studied an Age to time your Business for a Day 's Diversion , the Heavens could not shine Stars more propitious . Do but see how the Ground is chap'd and parch'd , and the Streams so lean and barren of Soil , as well they may , for no moisture has fallen to refresh the Earth , nor drive down Soil to recruit the Rivers and feast the Fish , this Month or more , till yesterday ; and then the Clouds began to dapple , the Face of the Firmament to lowre , the Sky to discolour , the Air to moisten , and the Spouts of Heaven seemingly to drop : yet when all came to all , it came to nothing ; for the Tears of this Storm converted into a Calm ; so exhal'd into Meteors , for ought I know : for when we expected a Deluge of Rain , there fell by chance but some few extravagant Drops ; which for Greediness made the Fish almost forsake the Water ; the Complexion whereof being but a little changed , you may fancy , if you please , to fish under a Colour . Ar. Notwithstanding all this I 'm for the Fly. Th. And I 'm for any Bait , or any Colour , so that I be but doing . Aquil. Then I 'm for the Ground-bait , and I perswade my self it will turn to best Account , and prove most profitable to answer my Expectation : For with but three sorts of Fish we must trifle our time ( viz. ) the active Eel , the dextrous Trout , and the incomparable Salmon ; all which will as greedily pursue a Worm , as a luxurious Appetite pursues his Paunch . Bring but a Brandlin or rather a Gildtail , and try whether Trouts be destitute of an Appetite . Th. They must have good Stomachs sure , if they be always eating . Aquil. You are waggish , Theophilus , but really I am serious ; for now we begin to discover those silent and solitary Deeps , those rapid and swift Falls of Water , besides those stiff and strong Streams , that invite us to treat the Family of Fish. So that I conceive it is almost impossible to direct a Line , and miss a Reward : And the bottom , if you please , let us examine that with Ground-bait , to prove the Effects of our Art and Skill , to summons Contribution from so generous an Adventure . But if Mid-water we consult , then I commend the Canker , with the Catter-pillar , or the Grub ; or , if with a depinged Locust , you will not lose your Labour ; nor will you starve your Cause , if to strip off the Legs of a Grashopper . All these are excellent Baits , but the green Monket of the Owlder-Tree super-excels them all . Then there 's the Pink ( which you call a Minew ) if display'd with a Swivel at Mid-water ; or you may if you please drag him from the bottom of the Deeps , so glide him all along through the Region of Limpid Streams , the better to display this amorous Charm , so obtain the Point by the Mediums of Art , as already is advisable by consulting the Artist . Th. Now I perceive we but trifle Time , this tedious Discourse obstructs Recreation . Let us stretch our Limbs with the length of the Streams ; we have Day enough and pleasant Weather , why then so vainly to procrastinate Time with flattering Thoughts of suggested Enjoyments , which signify no more than Honour in Dreams ? Come , my Friends , let us reform that Error by the Progress of Art. So that if our Labours be spent to advantage , and our selves , like Artists , sufficiently recompensed by the Rod ; we may sport the Day away , and lengthen our Expectation , that to Morrow's Recreation , if the Season favour us , may glut us with Pleasure , and burden us with Spoil . Ar. We shall cross the old Proverb I perceive , since no Arguments are Engines strong enough to convince Theophilus , that Haste makes waste ; whose unlimited Zeal after Recreation is boundless beyond measure ; insomuch that a Grompus won't gratify him in point of Diversion . Come then , and trim up your Line , and arm your self , and observe those translucid trembling Streams that dash themselves against those Rocks ; hazard your Fortune there for once , and be sure you begin at the Head of the Stream , and so gradually pursue the extent of your Colony , and fish by Direction according to Prescription , both with Worm and Minew ; then hope a prosperous Issue , as I question not but you do . In the mean time let me caution you , that with circumspection you purdue your self , if intending to surprize and captivate your Game ; for by this time I fancy you have already beleagured them : Be advised therefore to repeat your Discipline , and keep your Distance . So I leave you to your Fortune and a fair Day , for I purpose to attempt the Head of Loemon ; and about four Hours , or it may be five , let us make our Rendezvouz in the Caves of that Rock . As for Aquilla , he needs no Direction , whose Knowledg and Experience is so general in these Streams , that an Age to examine them would not better improve him . Now let us separate , and each Man to his Adventure ; but be mindful of the Place , and the prefix'd Time appointed : so that after the delicious Toil of Exercise , we may produce the Issues and Effects of our Labours , when successfully we meet , as I hope we may . Aquilla , farewel , and farewel Theophilus ; to whom I contribute my Wishes for thy fortunate Success , to gain the Laureat from the best of Anglers that pursue the Art. Th. What , do you question it , that know so well my Abilities ? here I 'le stand to my Arms ; and in this solitary place , I 'le hazard my Rod and Line with my Reputation and Fortune . Aquil. Resolv'd like a Vertuoso of the Rod and Line ; there you may mingle Meditations with your Recreations , whilst you consult those purling murmuring Streams that rally from the top of those craggy Mountains : see how they trickling tumble down those solitary Rocks , whose Descents , like Diapasons , shap'd into musical Sounds , must of necessity invite the Fish to dance : so that sometimes they elevate themselves so high , that I have seen them throw themselves a Foot above Water . This we call the Contemplative Angler's Harmony ; and it proves his Harvest too , when they freely bite . So farewel , Theophilus ; but remember the Rendezvouz at the previous Descent of that spacious Rock , beautified with Firs ; not far from thence stands a pleasant Grove : through which there glides a glittering Rivulet , begirt round about with admirable Rocks : search well those Meanders , and you 'l find me fishing . Th. It 's very like I may , And what then ? In the mean time , here I 'm deprived of Society , except to fancy Fish my solitary Companions , the Cavities of Rocks my Sepulchre , and these shady flourishing Trees an Emblem of Death ; for Aquilla he is gone , and Arnoldus has left me to lament my Self , and five hours Separation . But why so melancholy among these purling Streams , that seemingly interpose betwixt my Passion , and their silent murmurings ? Do not these repeated Ecchoes ( if I hit the Key ) lively remonstrate the life-touches of Solitudes , and the true Imitation of sweet Contemplation ? Sympathy in affection , I call that amiable ; and the fair and beautiful Prospect of the Mind , that represents the real Signature of Friendship . But this Pace I perceive won't carry on my Design , nor are Complaints proper Engines or sutable Instruments to surprize Fish. How pitifully it looks for the Angler to lie puling , whilst Fish like Allegators are pulling all in pieces , let any Man judg that 's destinated to be undone . Most unfortunate Theophilus , but now too late to lament thy Remissness ; and rather than unpunished , let thy shameful Loss be enough to torment thee . What at once all vanished , nothing left but thy self ! so that were not I left , there was nothing to laugh at ; and I worthily deserve it , because to lose my Reputation . What an opportunity have I lost in losing my Rod , and an equal Fate to lose my Exercise ? but from Twig to Twig I 'le traverse the Streams , and examine every Bush to repair my Misfortune : so that at leisure I may lie down , and lament my Remissness ; for condemn'd by my self , there needs no Judg to sentence me . Hold a little ! I discover some thing , either the Stock of my Rod , or a Counterfeit . So so , I shall patch up my Losses by finding my Rod , for it lay where I left it , and my bag of Flies lies not far from it . And now I have a Patent , I resolve to take Toll , and examine what Contribution these Streams will advance me . However , lest Precipitancy spoil my Sport , I 'le preponder my Rudiments ; and they prognostiate here 's a Fish , or something like it ; a fair handsel for a foolish Fisher. But here 's the old Game again that we had at Dumfreez . This capering , for ought I know , may cost him his Life , for I resolve to hold his Nose to the Grind-stone : dance on and die , this is the way to your silent Sepulchre ; for upon that silty gravelly Shelf of Sand , I resolve to land him , or lose all I have . And now I fancy him weary of Life , as aged People that are burdened with Infirmities ; yet I want Courage to encounter him , lest fearing to lose him , which if I do , I impair my Reputation . Howe●er , I 'le examine my Stock of Confidence , and see how far that will go : but then I want a Landing-hook , and he is resolute to make an escape ; and I would be as resolute to restrain , and if possible to confirm him my Prisoner : so that what Progress to hope for in this solitary Adventure , I know not , till farther examination . However , here 's no Body but Trees to reprove me , except these Rocks ; and they 'l tell no Tales . Well then , as he wants no Agility to evade me , I 'le endeavour with Activity to approach him : so that the difference betwixt us will be only this , he covets Acquaintance but with one Element , and I would compel him to examine another . Navigators report , that Fish can fly , and so shall this , or I 'le forfeit my Discretion ; and if it succeeds well that I conquer this Fish , Matriculation falls in course from the Vertuosos of the Rod. Now he runs to divert me , or himself ; but I must invite him nearer Home , for I fancy no such Distance . Though his Fins fag , his Tail riggles , his Strength declines , his Gills look languid , and his Mettle decreaseth ; all which interpret Tokens of Submission : yet the best News I bring him , is summons of Death . Yet let not my Rashness preingage me to a loss of my Game . For to neglect my Rudiments , is to ruin my Design , which in plain terms is the Destruction of this resolute Fish ; who seemingly now measures and mingles his Proportion with more than one Element : and doom'd to a Trance , he prostrates himself on the Surface of the Calmes , dead to apprehension ; save only I want Credit to believe him dead , when calling to mind my former fatal Precipitancy , that invited me to a Loss ; and so may this Adventure prove , if I look not well about me , to land and strand him on that Shelf of Sand , where I resolve , with my Rod , to survey his Dimensions . Then have at All , or it may be Nothing ; however it succeeds well , for I 'me insured of a Victory . Welcome a Shore my languishing Combitant , if only to entertain our Friend Arnoldus . I am fast again , or have hold of another Fish ; but I 'le undermine his Design by an old Stratagem : for now I have got the way of catching them , I only want the knack of Cookery to dress them . The Exercise of Angling obliges me to love the Art ; and I see it 's good to hearken to Counsel ; for had I neglected that , I had run retrograde to Reason , so lost my Reward . But this Fish I fancy is not so resolute as the former ; this yields himself Captive upon slight Summons , so dies by the Law and Force of Artillery . My Hook I perceive has divested him of Power ; and I shall deny him Capitulation for Life , who must also change Elements with his late Predecessor , or I 'le lose all I have to compass my Design . I fancy I have hold of another Fish ; if so , I shall want Arguments to express the Sweets of this Exercise , and the Pleasure of Solitudes to the Contemplative Angler . By this you may perceive , it 's necessarily requisite at all times , especially upon Emergencies , to hearken to Counsel ; for indisputably had I pursued irregular Measures , and slighted Arnoldus his solid Instructions , so followed the Dictates of my former Resolution of making Fish fly , all had flown in pieces : And how fondly then had I betrayed my own Folly , by exposing my self and my Reputation to a loss ? On the contrary , I can triumph , and say all is well ; and tell what Execution my Minews have done , that my Rod and Line and Swivel's secure . Where note , I think now to pack up my Impliments , and hasten to the Place we formerly agreed upon ; approving it necessary in all Societies to observe the Punctilio's of Promise among Friends . Another thing secretly affects me ; and that is , to think what an Artist Arnoldus will extol me . Aquil. This is the Place , and the prefix'd Time of Agreement is at hand ; yet on these glittering Sands there 's no Tract to trace the impress of the Feet of Arnoldus or Theophilus . Surely Angling's all Charms , to break the Links of the golden Chain of Promise . But whither will these rash Presumptions hurry me ? what , to suspect Friendship , the Diadem and Darling of Human Society ? Yonder he advances , to the Place appointed ; I 'le step and salute him , and make a Present of my fortunate Successes . These are the Toils and the Fruits of my Labour , which I freely dedicate to our Friend Arnoldus . Ar. Where kill'd you these Trouts ? With what Artifice did you surprize them ? Aquil. With nothing but a Minew , some call it Penk . Ar. I understand your meaning ; but where did you Fish ? Aquil. In those purling Streams , at the foot of that Rock . Ar. I should have thought it impossible , did not these Evidences convince me , that so small a Rivulet should lodg and harbour so large a Fish. Here 's a Salmon Aquilla , that I but newly tickled to Death with a Fly ; accept my adventure , I have another for Theophilus when he comes up with us . Aquil. He is yonder , I see him coming , and could heartily wish he had seen but the Death of this brace of Salmon , to put a zealous spur to his Exercise . Ar. Besides these Salmon , I have two brace of Trouts , that would make a Cockney's Teeth stand a Water and spring a Leek , for no other purpose than to tap his Mouth . Aquil. Our Fortunes are unequal , the Garland is yours , and never may it wither from your Heroick Brow. Now we shall see what improvement Theophilus has made in this Piscatorian Negotiation . Yonder he comes , let us hasten to meet him . Ar. Welcome Theophilus ! are our Fortunes equal ? What Phenomena of Pleasures spring from solitary Rocks ? How fancy you this inoffensive Life , to sit in the Sun-shine , then remove into Shades near the Brinks of bubling murmuring Rivulets , that sigh a pleasant silent softness , whilst the Birds harmoniously deliciat the Air , and Fish in frolicks dance Coranto's to the Angler ; whilst Man ( Lord of the Creation ) is captivated with Divine Contemplation ; fancying to himself a kind of an Elizium , representing the shady Fragrancies of Paradise ? Th. O Arnoldus , I was certainly enamoured to see how the shady Trees hung dangling about me ; whilst the murmuring Streams through the Lungs of Zephyrus , made Musick to my Fancy , tho not to the pitch of the melodious Philomel , and the Chorus of Birds that beat the Air with their mellifluous Quires , which springs fresh thoughts of the Non-age of Time , when the Constitution of the Creation was a composition of Harmony . Ar. But the luxurious Angler admires another Consort . He loves no Musick but the twang of the Line ; nor any Sound , save the Ecchoes of the Water ; no Rest nor Pause , but impatient till they bite ; no Flats nor Sharps , but solitary Pools and rapid Streams ; no Beats nor Shakes , but strugling and strangling : and , in short , no close except that of the Panier . So that I may properly call his Harmony their Haltering . Th. Just such Success I had ; for Art was useless to catch such Fish , as careless of their Lives , they cast them away . Look here Arnoldus , I have brought my Evidences ; this Brace I caught , and this catch'd me . Ar. Here 's sutable Diversion , our Exercise has equaliz'd the Ballance of Success : Not an Artist amongst us barren of Sport. Aquil. Nor the Water out of temper ; if it hold so to Morrow , we may flatter our selves the Town 's our own . Ar. It may be so , if all hits right : What , two Sundays in one Week ? Don't you observe it rain already ? However let us trace these glittering Sands , to those solitary Fields that direct to Dumbarton : we have spent the time to sufficient Advantage , had there been nothing more in it than initiating Theophilus , whom I perswade my self will consult the Art , and manifestly in time approve himself Eminent . Th. Come Gentlemen Piscatorians , and Vertuoso's of the Rod , Dumbarton begins to present unto us ; where like Heros we may triumph , because from these Fords to carry off such Trophies , as will evidence for us the Remarks of Spoil ; and where the Inhabitants must be indigent of Civility , if not civilly to treat us , whilst we commode them with the choicest Treasures of Loemon . What think you Gentlemen ? your Opinion on the Measures I have taken . Aquil. I approve on 't very well . Ar. So do I. But first if you please let us enter their Ports , and examine the Distinction betwixt Diet and Disease . As also we may consult if their Beds are burdensome after Exercise ; which I desire to experience , and the rather , in regard ( as I perceive ) by those Signals , the sprinkling of Rain , we must be forced to depart to morrow Morning . Aquil. A Sentence too severe ; we cannot morally separate so soon . Ar. Morally or Naturally , it must be so ; for when the Coverings of Rain shut up the Casements of Day , and Darkness as a Pavilion overshades the Night , it 's madness to contemplate Recreation in Angling , when the Rivers are hourly recruited with Rains. Aquil. I approve not of hasty Resolves , as prognosticate a parting before we meet ; the Law of Friendship binds it otherwise . Th. A very bad Handsel to earnest our Separation . Aquil. So it appears : for should every Man measure his present Occasion by the Rule of Necessity , my Duty compels me to the Turrets of Dumbarton : And how disconsolate shall I be to discourse Rocks and Stones , when deprived the Society of my Friends and Associates ? Th. One Day more , Arnoldus , will break no Squares ; let Time arrest us , I 'le put in Bail. Aquil. Here 's a friendly Advocate to furnish us with fresh Arguments , that may bring about , for ought I know , new and fresh Results after the Series of second Thoughts : Who so unkind now to frame a parting , or denounce the Sentence of a Farewel to morrow ? Ar. That must I , to wander in the Fields of Luss by Sun-rise ; otherwise we shall not reach Bohannan by Sun-set . Th. So then , my Mouth is stop'd I perceive ; nor have I any thing more to offer by way of Argument , only my Lamentation for our so sudden Separation . Aquilla , farewel ; Arnoldus and I must jog on together : but assure your self , if my Stars are but so propitious as to favour my return by the way of Dumbarton ; no Body I 'le assure you shall be more soilcitous than Theophilus , to redouble a trouble upon our Friend Aquilla ; and for more than a Night : And so farewel . Aquil. I cannot part . Ar. Then go along with us . Aquil. That 's morally impossible ; how can I leave my Charge ? Ar. Then pray discharge us ; for we are upon Duty ? Aquil. Be prosperous and propitious , I 'le pray your Welfare ; and contemplate your Enterprizes in all vertuous Actions . Ar. This your Kindness obliges me to retaliate , with as much Piety as becomes a Christian. So farewel . Th. And with as much Religion as becomes an Angler , accept of my Charity : so farewel . Ar. Now Theophilus , let not Sleep circumvent us ; the Loemon , I perceive , begins to swell . We must rise with the Sun , or sooner , if possible : we must not triste nor delay the Time in crossing the Loemon , if we intend to stretch up the lofty Mountains in the Island of Luss. Th. I see 't is Day , for the blazing Torch of the Sun begins to paint the Universe . Let us mount our Horses , to mount this Mountanous Country of Luss , where the Hills represent the lofty Alps. Ar. Look back on those inferiour Fabricks in the Low-lands ; whilst we ascend these eminent high High-lands , that supervise those shady Valleys below them ; which we now relinquish , though beautified with Rivers and pleasant Rivulets . Th. What little Mediterranian is this ? Ar. The large and spacious Loemon , so generally discours'd for the floating Island ; but it floats not here in these solitary Western Fields as fictitiously supposed by the ignorant Reporters . But our travel will reform that Error in time , when we come to trace the Mountains beyond Badanoch . Th. Is this Lough , as reported , so numerous in Islands ? Ar. Yes sure ; however I shall give you but a short Description . This Loemon , as you see , is immerg'd with the High-lands . On the West it 's bounded with the Island of Luss ; but on the East with the barren Fields of Bohanan : Norward it 's begirt with the Pass of Inchcallow ; and Southward by Dumbarton , and the Bounds about it . But the length of this Loemon is twenty four Miles ; and twenty four Islands the Natives will tell you are lodg'd in the Arms of this spacious Lough . Her Breadth , in the largest place , not to exceed three Leagues over ; and in the narrowest part , some two or three Miles . This small Mediterrane ( as you are pleased to call it ) is surrounded with Woods , Mountains , rockey , boggy , sandy and miry Earth : and is the greatest inland Sea in Scotland ; nor is it parallel'd with any Southward ; and all the North inferiour to it ; excepting only the Lough called Ness. Now from Loemon under the Bray of these lofty Hills , we pass to the Kirk of Drummon , that leads to Aberfoil ; a more remarkable Pass than that of Inchcallow , if designing to make Inroads into the Bowels of the Highlands . Th. What Place is this ? Ar. Beautiful Bohanan besieged with Bogs , and barrocadoed with Birch-trees ; the Highlanders Landskip , and the Lowlanders Prospect ; whose boggy Swamps incommode the Traveller . However , the Natives in the Winter-Season , employ themselves only to recreate Swine there , because a People uncultivated in Agriculture . Where note , the Accommodations of this solitary Country is so rarely understood by the Natives and Inhabitants , that Strangers for the most part are left destitute of a Report . Th. What other Fabrick's that , distant about a Mile from Bohanan ? Ar. That 's Kilmarnock , the only Relique of the Dukes of Lennox ; a very strong Stone House , that stands most sweetly situated on the very brinks of famous Leven ; whose Fields are inhabited by the Clan of the Stewarts . Th. A Royal Name ; but a Loyal poor Clan , as I am told . Ar. It 's true enough ; so let us relinquish the Suburbs of Leven . to trace the flourishing Skirts of Calvin , whose smiling Streams invite the Angler to examine them ; for here one would think the Stones were steep'd in the Oil of Oespres , to invite the Fish to come ashore : where you may observe every bubling Stream reflect a Smile on the amorous Banks , covered with Green , and enamell'd with Flowers . Here also the Sylvans upon shady Bushes bathe themselves in silver Streams ; and where Trouts to sport and divert the Angler , will leap on Shore , though with the loss of their Lives : so that if Demonstration be Truth , and Eye-sight Evidence to convince the incredulous , there 's not a Rivulet in Scotland , upon the Angler's examination , superexcels this Calvin , for diversion with small Trout ; whose translucid Streams , because so rich in themselves , and so numerous in Trouts , make them not over-curious of self-preservation ; for with a Rod in my Hand ( but I almost blush to report it , because suspecting the incredulity of some incredulous Persons ) I have ushered to those pleasant and delightful Shores , ten or twelve brace of Trouts in an Hour . Distant from Calvin about some two Miles Eastward , stands dull Dunkeeth , upon the head of a slaty Rivulet , that 's replenished with Eel , and plenty of small Trout : but more Southward yet is craggy Cragbarnoch : from whence North and by East we discover the ruinous Battlements and unpolished Turrets of sooty Glorret . It 's true , the Natives call it a Castle , but I fancy the Name of a House would have served as well : near to which place glides the glittering Kaldar ; a large and spacious rapid River , accommodated both with Trout and Salmon : but the Access lies too open , more especially amongst her pleasant gliding Streams , where the Angler , if Lord of his Exercise , may expect incredible Entertainments : whose Foundations are laid in gravelly Sand , and interchangably mix'd with shining Stones that look not unlike to golden Granulaes : but were they such , I should fancy Tagus but a Toy to it . Because to imprint in the Angler's Memory those remarkable Characters of shining Rocks , glittering Sands , and falls of Water , which 'tis morally impossible he should ever forget . Not far from this dingy Castle of Glorret , stands delectable Kilsieth ; in whose martial Fields , Marquess Montross defeated his Country-Men . North-West from thence we must top those burdened Mountains of Compsy , whose weeping Rocks moisten the Air , representing the Spouts ; and are a lively Emblem of the Cataracts of Nile . From whence we descend to the Kirk of Compsy ; near to which Kirk runs the memorable Anderwick , a rapid River of strong and stiff Streams ; whose fertil Banks refresh the Borderer , and whose Fords , if well examined , are Arguments sufficient to convince the Angler of Trout ; as are her Deeps , when consulted , the noble Race and Treasure of Salmon ; or remonstrate his Ignorance in the Art of Angling . Besides this Anderwick , there are many other small Rivulets that glide up and down these solitary Parts , omitted in this Paragraph , because not having time to insert them . Th. This travelling State ( Arnoldus ) reminds me of the old Proverb ( viz. ) A rolling Stone gathers no Moss , nor we any Money ; which runs somewhat parallel . But it 's all one in time , for time must be untim'd in the Cusp of Eternity ; then shall we be found in an Eternal state : and as Eternity is infinite in it self , so is it the Ray of the Majesty of God , who created the Heavens , the Elements and Orbs ; and gave unto them perpetual Motion and Rotation , predestinated to the Ends of Time , unmeasurable by any except himself . Whilst thus contemplating what 's Sacred and Divine , we trace along the gliding Streams of Anderwick , guarded with Trees , and knotty Rocks ; as delightful and pleasant , for ought I know , as were the myrtle Groves , so sonneted by Poets . Ar. As I am of your Opinion in that , so I suppose you 'r of mine in this , that though Sin untune the Strings of the Soul , yet Sin cannot unstring the Soul ; the Faculties are left still , though in such disorder , that all the Wit of Man can no more tune them , than the Strings of an untun'd Lute can dispose themselves for Harmony , without a skilful Musician's Hand . By this we know God governs the World , who also rules in the Heart of Man , and makes it a Temple for the Holy Ghost . So let us pass on with our travelling Design ( by the House of Cardrus ) to the Ports of Sterling ; where stands a beautiful and imbellished Castle , elevated on the Precipice of an impregnable Rock , that commands the Vallies , ( as well as the Town ) and all those habitable Parts about it : those are the Turrets that present before us , let us enter her Ports , both strong and spacious ; whose incircling Arms surround a City , ( but not a great one ) that 's built all with Stone ; so is her Castle ; and situated close by the River Firth , as above explain'd , upon lofty , craggy , and mountanous Rocks , almost inaccessable . More Southward yet the City spreads it self into many sweet Situations , that invigorate the Inhabitants , and accommodate the Low-land Merchant rather than the Mariner with profitable Returns from the Hills , by the Highlander . The Firth runs here that washeth and melts the Foundations of the City , but relieves the Country with her plenty of Salmon ; where the Burgo-masters ( as in many other parts of Scotland ) are compell'd to reinforce an ancient Statute , that commands all Masters and others , not to force nor compel any Servant , or an Apprentice , to feed upon Salmon more than thrice a Week . Th. Is there such a Law in force now ? Ar. Yes sure , for ought I know it remains to this Day : and the Reason of it is , as I conceive , from the plenty of Salmon in these Northern Parts ; that should the Inhabitants daily feed upon them , they would inevitably endanger their Health , if not their Lives , by Surfeiting ; for the abundance of Salmon hereabouts in these Parts is hardly to be credited . And the Reader I fancy will be of my Perswasion , when he comes to consider that the price of a Salmon formerly exceeded the value of Sixpence Sterling , which I suppose no English Man will grudg , nor think it unreasonable to give at any time ; so that the Danger , in my Opinion , lies most in the Diet : for as Salmon is a Fish very apt to surfeit , more especially fresh Salmon , when only boiled ; which if too frequently fed on , relaxes the Belly , and makes the Passages so slippery , that the retentive Faculties become debilitated ; so suffers the Body to be hurried into a Flux , and sometimes into a Fever , as pernicious as Death . Which is much better prevented by Abstinency , than to stand the Test of uncorrected Physick . This famous Firth is the most portable River in Scotland , whose Streams because meandring , make it deep and torpid ; so fit it for Navigation : for below Bridg there are neither Streams nor Sharps : but above Bridg there 's enough , more especially towards the flourishing Fields of Montieth ; which I rather prefer , than Alan and Althrwery , for the Anglers Diversion , except Frith and Koak ; the one for Pearl , but the other for Trout . Th. What Town is this ? Ar. Dirty Dumblain ; let us pass by it , and not cumber our Discourse with so inconsiderable a Corporation : our itch after Mockeny puts a Spur to quicken our Expectation : for who knows but the various alteration of Weather may in some measure frustrate those Expectations we may have of those admirable Streams to answer our Designs ? Th. Do what you please . Ar. Truly I think it but Time lost , to survey the Reliques of a ruinous heap of Stones , that lean o're the Verge of a River , facing the Mountains . The Houses it's true are built with Stone , but then to consider them low and little , it plainly demonstrates there 's nothing eminent but narrow Streets , and dirty Houses ; a convincing Argument there 's no Scavengers amongst them . And for their Houswifery , let that alone ; for if you touch it , you sully your Fingers . There is a Market-place , such an one as it is ; but as for Merchants , there 's no such thing in Nature : But a Palace there is , and a Cathedral too , otherwise Dumblain had nothing to boast of . But there is one thing remarkable , and that 's the House of Domine Caudwel ( a formal Pedagogue ) that absolv'd the Thief , and conceal'd the Theft , so lost his Breeches : for you must know the good Woman his Wife was a notable Comer , one of the first Magnitude ; who with two more of her Consorts ( as I was told at a Four-hours drinking ) guzled down as much Ale and Brandy , Wine and strong Waters as amounted to the Sum of forty Pound Scots . But wanting Money to pay her Reckoning , she liberally pawned her Husbands Breeches ; and he like a Fop to redeem his Wife's Reputation , would never redeem his Breeches , lest suspecting they should smell of the Tears of the Tankerd . And here , as reported , was celebrated that famous Union of Doh and Doris , stark Love and Kindness , a Custom inviolable . Here also resided jovial Bille Sinclear . Now you are to consider , that this pittiful pedling Corporation of Dumblain , has little or no Trade amongst them , except now and then a truck with a Brandy-Man , a Tobacco Merchant , or a Brewster-wife ; for Ale , Tobacco and strong Waters are the Staple of the Town : And so let us leave them to pursue our intended design for Minever , and Dromon-Castle , that stands distant about some three Miles from the Bridg of Ardoh ; where there runs a small Rivulet of a rapid Motion , paved with a slaty Bottom ; but the Access difficult . And here we cross the Moor to Mockeny , whose limpid Streams are pleasant beyond Report , and her Fords generally furnished with Trout , as if Nature had there designed to entertain the Contemplative Angler , in those liberal Streams : where the Artist in a storm may shelter himself under shady Trees , elevated upon lofty Mountains , over the melting amorous smiling Banks ; as if the Boughs were Barnicles , and ready to drop into the silent glittering Streams , that glide softly along a delightful Meadow ; excepting here and there some small Cataracts of Water that tumble down a Precipice of Rocks , that encircles and surrounds great Stones in the sandy Foundation of this mystical Mockeny ; whose glittering Sholes are gently moved by the soft breathings of Zephyrus , that dash the smaller Waves a Shore , and discover to the Angler the intricate Angles of Mockeny ; so that here we assume a Poetick Liberty , in some sort to call Scotland , Arcadia . Th. This is a pretty Romantick Notion . Ar. Call it what you will , you will find it so , when you come but a Mile below the Bridg , over which we must pass from Dromon to Tillebarn ; there you 'l see a large and spacious Rock , that surrounds the Water on every side , so makes a Dam near the Stern of a Mill , on the Skirts of Mockeny ; where swiftly , yet sweetly , the Water glides along those knotty craggy Torrs and Cliffs , till at last ariving at an astonishing Precipice ; where dilating it self , yet as if unwilling to be divided , on a sudden you shall see such Trepidations on the Surface , as if the Streams were sensible to apprehend a Fear ; and Waters not separate without Grief at parting . Th. Now you begin to be Metaphorical . Ar. There 's no Metaphor in 't . Have not you seen burdened Clouds embodied with the Treasures of Rain , ready to distil ? if so , then look on the top of that craggy Mountain , and there you may see , as if the Waters by a prophetick Foresight had foreknowledg of a disjunction , exprest by their melting Drops : Nay , the Rocks themselves are heard to murmur , and the very Winds to whisper Rebellion . This is the place of those harmonious Descants , which I fancy musical , and syrenical charming Notes betwixt Neptune and Aeolus . So that I 'm of Opinion Waters make Musick ; and he that doubts it , let him Angle for Anchovies . Th. Surely you fetch'd this Notion a great way from Home . Ar. It 's no matter where I fetch'd it , it 's here now . This natural Precipice shall evidence for me , at the Sun's Declination , when he shades his Beams in Thetis Lap , and the purple Pavilion of Night overspreads the Creation ; then you may see a chequered rocky Pavement emboss'd like the Firmament , with spangled Stars ; where those elevated Waters ( Emblems of Clouds ) no sooner approach this natural Precipice , but Boreas bustles to curl the softned Streams , with such surly Salutes as force a separation , so makes obvious Discoveries of Nature's Artifice , so naturally delineated , that the more ingenious Observer would conclude it Artificial . Over which Precipice the Waters pass with a swift , but silent Motion to a Cristaline Fountain guarded with Rocks , and the Ornament of Trees ; at whose descent runs a Rivulet , that divides a Medow worthy a Description , could we but describe it , by reason of the Variety it naturally affords . Th. I am still in the dark . What mean all these Metaphors ? Ar. You will know the meaning of them by and by . Look up to those solitary Mountains , situated South , and you shall see them send a pleasant Smile towards the North. Yet because wanting the beautiful Ornament of Trees , a Sheep in a Shower cannot shelter her self . But on the North side , there stands inaccessible Torrs , with Cliffs and Rocks well burdened with Timber , resembling , as to my Fancy , a Hermit's Cell ; or a solitary Reception for the Rosy-Crucian . But Nature ( and not the Native ) appropriates them to other Uses , where a Country seems barren of so great Devotion , I had almost said Charity , but some will say Humanity ; however these Holes serve the Foxes to earth in , the Rivers for Fish , and the Otter to swim in ; the Meadows and Pastures for Sheep to graze in ; the Trees reception for innocent Birds , and the Shrub Protection for the timorous Hare . Th. There is something yet behind the Curtain I perceive . Arnoldus . Mockeny , O Mockeny ; must I leave thee when Thy Banks o'reflow with Pleasure ? Must I then Be banish'd from those pleasant Draughts that I Have often stoln , when as thy Streams stole by ? Besides , those pleasant Sleeps that I have had Vpon thy Rocks , until thy Skies were clad Almost with Darkness ; when the Angler's Art Exprest a Grief ; nay , double Grief to part And leave such harmless Toils : tell me , Can those That never knew the Art , the Art disclose ? How shall they know what Patience is , and write Of Mysteries they never had a sight ? None but the Anglers can ; and this I 'le say , None have the Gift of Patience more than they . Th. Now it is out . Ar. And now you think you have it ; let us relinquish the sweet Streams of Mockeny , and steer our Course for Dromon ; and there you shall see the Majestick Brow of a Rock , and a Castle inoculated to it . Th. And what of that , if they are undistinguishable one from another ? Ar. There you 'l see how the Artist form'd this formidable Structure to imitate Nature , but the Natural Strength defaceth the Ornaments of Art. However let us step one step further into the Garden ( demolished with Age , or rather Neglect ) to view the Curiosities of those remaining Reliques . Th. What must we expect there ? Ar. A beautiful Arbour adorn'd with primp Hedges ; and a sumptuous Dial , to tell us the Hour of the Day . Th. A wonderful piece of Curiosity . Ar. So it is , in this Angle of Scotland ; for Dromon lies just at the foot of the Highlands , surrounded with Woods of Fir , Ash and Elm ; but Sycomores grow here to an amazing bigness , whose spreading Arms shade the Soil about them ; and their Bole and Brisk burden the Earth . Th. What else is there here remarkable ? Ar. The Rills , Rivers , Loughs and Rivulets that meander not far from Dromon . And Leadnock , as I take it , is the first small Rivulet , and Rothwel the next ; both of them furnished with delicate small Trout . But continuing our Course , we advance to Lough Ern ; immerg'd with Moors and Mountains , yet it floats on the Skirts of the Highlands : From whence rusheth forth a violet Torrent , whose boistrous Streams are suddenly converted into a River , which bears the Name of the Lough : whose Streams , if well examined , are never unfurnished with Trout , nor are her more solid Deeps unaccommodated with the Race of Salmon , besides Pike , and Perch ; and for Silver-bellied Eels , Scotland has none better ; nor do I believe any part of the World has . So that the River Ern , for variety and choice of Fish , is inferiour to no other River in Scotland . Th. Now you say something to purpose ; pray go on . Ar. Here we must cross some of these Fords , if we intend to touch at Lough Minever , whose flourishing Deeps charm the Angler , and enchant the Fish. Nay , I must tell you , that this Lough Minever is plentifully stored with Pike , that contributes to the Artist , the largest Lucit in Scotland ; on the Skirts of whose rotten Foundations , there remain as yet the Reliques of an antient Castle , but so tatter'd and torn , and o're-grown with Age , that nothing is left on it now worthy a Description ; nay , probably in its flourishing Times there was but little to describe . A little more than a Mile from this Lough Minever , and nearer yet to the Body of the Highlands , Lough Torret tumbles down her rapid Streams that melt into a River , and is called Glen-Torret ; because , as I suppose , having its Original from the Glen , and the craggy Clifts and Tors to which it is espoused , where the Angler may accommodate himself with Eel and Trout : But for more Varieties , he must fish somewhere else . Beneath the Descents of Torret , are the swelling Banks of Kelthy , in whose rocky Bowels the Trouts shine yellow . Distant yet more North , and inclining West , beyond this craggy Kelthy , there runs a Rivulet which the Natives call Shaggy , the only Rivulet in Scotland for the Contemplative Angler ; not only by reason of the great quantity of Trout it contains ; nor is it because it 's so narrowly begirt with delightful Hills and flourishing Trees , that hang dangling about them ; nor is it because of her rocky Mountains , through which the Waters continually issue , and tumble down like the Cataracts of Nile , though they make not such a Noise ; but here it was that I found my self surrounded with Fountains , and mellifluous Aviaries of sweet singing Birds that melted the Air. And here it was above the Kirk of Moinee , where methought I only envied the rude Inhabitants , because so happily bless'd with such sweet Accommodations . But below this Kirk of Moinee stands a tottering Bridg , and below the Bridg there 's a most pleasant Level , where the sparkling Sands seem gilded with glittering Streams : And the River so naturally fretted and beautified with Stone , as if Nature intended there also to compensare the Contemplative Angler . Here also the Trouts shine with a glittering Blackness , and swell with Thickness ; yet never arrive to that magnitude of Proportion , as to parallel and vie with those in Pitloyl . More South from Moinee , runs the River Almont , a Derivative from the Mountains , and not from the rotten and spungy Foundations of the Moors , through which it glides : Nor has it any Claim or Title from the Lough Minever , as superstitiously surmiz'd by the unintelligible Inhabitant . Now besides this Almont , there 's not another River or Rivulet hereabouts worth our mentioning , except the Poe , in whose little Pools there are Perch and Pike , and now and then a lusty Trout . But I had almost forgot the Lough called Balloh , at the Foot of Drumon , wherein there is Perch , but not a Trout ; and truly I question if there be a Pike . Th. O Arnoldus , who could ever have imagined such charming Temptations amongst a People so unpolished in Art , and a Country without Cultivation ? Here 's all Miracle of Rivers and Rivulets , and as miraculously furnished with Fish. What shall I say , or what shall I think , if not to contemplate these solitary Fields , as pleasant and delightful as Fools Paradise , by Fondlings called Elizium ? Who can deny himself such diverting Associates , ( though in a rude part of a Country ) when their Rivers and Rivulets are so liberally furnished with Trout ? What pity is it to leave such Entertainments behind us , to ramble the remote Northern Tracts of Scotland , where the Eves e're long will hang with Icikles ? Ar. It may be so , for here we cannot stay to inhabit , nor any longer enjoy these solitary Recreations ; we must steer our Course by the North Pole , and relinquish those flourishing Fields of Kintire and Innerary ; the pleasant Bounds of Marquess Argile , which very few English-men have made discovery of , to inform us of the Glory of the Western Highlands , enrich'd with Grain , of the the plenty of Herbage . But how the Highlander will vindicate Bowhider and Lohabbor , with Reven in Badanoch , that I know not ; for there they live like Lairds , and die like Loons , hating to work , and no Credit to borrow , they make Depredations , so rob their Neighbours . But let not Kintire , like an Ignis fatuus , lead us out of the way , our Stars direct to Tippermore . Th. Why to Tippermore , is there any thing remarkable there ? Ar. Yes , There 's this Remark as a Monument , ( fatal to the Covenanters ) for here again it was that Marquess Montross routed his Country-men . But our next Stage is to the Town of St. Iohnston's ( very little different from those Imbellishments of Sterling ) ; East from the Town lie those flourishing Meadows they call the Ince , where a Citadel was erected and surrounded by the Navigable Tay , ( that washes those Sandy Banks and Shores ) which no sooner mingles her Streams with Dundee , but she loseth her Name by espousing with the Ocean . Th. Is this the River Tay , so much discours'd by the Highlanders ? Ar. They have reason to discourse it , for it leads into the Hills : Moreover , it supplies them , as all the Inhabitants hereabouts , with fresh Fish , to whom she contributes all her Accommodations . Now over this Tay , at the North end of the Town , there stood a stone Bridg that leads to Kennule ; a mountanous Place that tantaliz'd the Taylor with an invisible Stone : it 's a pleasant Story , but I 'm unwilling to tell it , lest fearing to draw the Maleson of the Natives upon me . Th. Never trouble your self with that ; was it my Task , I should venture a Relation freely , with all the Circumstances , whatever came on 't . Ar. I think I dread their Clamour as little as any body ; therefore I 'le proceed , and tell you the Story . In this Town of St. Iohnstons liv'd a pragmatical Taylor , ( as Taylors you know for the most part are ) but here they call a Taylor Master-fahioner for sooth , and that you must know makes him one step higher . But to the Story ; This infatuated Taylor , with some other idle Coxcombs , in all respects as conceited as himself , went on a certain time to these Mountains of Kennule , to search thereabouts for an invisible Stone , that accidentally slipt from a stranger's Hand , as he carelessly rid along to view the Country . This strange Accident made a horrible Noise all here about ; and all diligence possible was used by the Taylor and his nitty Companions to find this Stone ; yet the Stone was invisible . Now amongst the rest of our Admirers , the Lady of Kennule entertains the Novel ; and resolves an adventure for the invisible Stone , who with her Female Attendants several times surrounded the Hills , and stooped to take up every shining Stone ; so that for the most part they were always in Motion , except at other times upon the removal of Stones , with Responses to one another in the Scotish Dialect . I see ye , see ye me , till almost every Body see them all . So asham'd at length to prosecute the Design any farther , ( since stretch'd so far , it was ready to break ) despairing of their Enterprize , and the recovery of the Stone , they left their Successes to the indefatigable Taylor , and his prickear'd Crew ; that Day after Day so hounded these Hills , as hitherto no Church-yard has been haunted with Goblins . But on a certain Sun-shiny Day ( in the Evening ) as some Townsmen were returning from the Ports of Dundee , and espying the Taylor inspecting the Stones , one of these Townsmen ( I 'le warrant him a Wag ) dismounts from his Horse , having dealt with his Companions to take him to Town : who the better to manage his contriv'd Design , and put a Trick upon the nitty Taylor , kept at a distance behind him ; till at length he calls aloud , as the Lady and her Women had formerly done . I see ye , see ye me . But the Taylor on a sudden , because seemingly surpriz'd , replies , in fa Sir I tro I see ye . However , the Townsman pretends to be serious , ( and the rather , because seeing the Taylor all alone ) till at length the Taylor concludes him in Earnest . So that now being freed from Suspicion on both sides , they jog on together ( like Tory and Trimmer ) the uneaven Tracts of these mountainous Ascents ; till the Taylor stooping to take up a Stone , and confidently bleating aloud to the Townsman ; I see ye Sir , see ye me ? In gude fa Sir , no , the Townsman replied ; where are you won Sir I can no see ye ? I am here , quo the Taylor , and can ye no see me ? I would you were any where the Townsman replied , so that I could but tell where to find ye ; And smiling to himself looks another way ; then repeats it again , But whar shall I find ye ? Now for certain , quo the Taylor , I have got the Stone , by which means , beyond measure , I 'le inrich my self , for I have tryed all ways to do it without a Court of Conscience . How many People have sought for this Treasure , but no Man so happy as my self to find it ? I may go where I will , for no Man can see me ; and stand where I please , for no Man can find me ; and take what I list , ( for Taylors are thievish ) and no Man detect me ; and if Fear affrights me , yet no Man can hurt me . To convince the World therefore , and Mankind in general of this rare and admirable invisible Stone , I 'le strip off my Clothes and go stark naked through the Streets of the Town , and so mist all the Eyes of the People about me , that no Body shall see me , nor any Body know me . Know you , says the Townsman , no Body can see you ; then how should they know you . Say you so , quo the Taylor ; can no Body see me ? No , says the Townsman , since you made your self invisible . Why then , quo the Taylor , I may do what I will , and go where I list , and no Man the wiser . So you may , says the Townsman , since now you 'r Invisible . But favour me I beseech you this small Request , that before we depart I may once again see you . With that the proud Taylor transported with Joy , discharged both his Hands , and laid down the Stones . Which his subtile Associate no sooner observes , but presently he cries aloud , Now Sir I see you . And more to strengthen and confirm the Miracle , on a sudden the Taylor snatch'd up the Stones again , lest fearing his Companion should by some Trick deprive him ; and fancying himself , as formerly , invisible , they both advance towards the Town of St. Iohnston's . But the Taylor went naked , who no sooner entred the Ports of the Town , but the Mob and the Rabble having combined together to pelt the poor Taylor into his Senses , if possible , who run the Gantelop through Thick and Thin , Young and Old , for every Boy had a switch at his Breech ; and those at a distance that could not reach him , assaulted him with Stones ; which so claw'd the poor Taylor , as by the marks on his Buttocks , conviced him at last to believe himself Visible . Th. I think the Taylor met with his Match . Ar. So think I , if he was not overmatch'd . And so let 's leave him to lick himself whole , whilst we return to the Bridg of the Town of St. Iohnston's , where a Coker-Boat serves now to transport their Merchandize into the County of Angus , and some other Parts ; which looks somewhat odly , but it concerns not us , for we can't redress it ; those that are compell'd may suffer by it . So let her sleep the Sleep of Oblivion , whilst we direct our Course towards the River Errit , where we may inform our selves of a Practice amongst the Natives there , that murder a Salmon without a Rod , Net , or Speer ; and cook him almost as soon as they catch him . Th. How can that be ? pray unfold the Riddle . Ar. It 's discours'd by every Body , when a Stranger comes amongst them , that the Inhabitants presently run and fetch a Pot , which they circumspectly place upon some part of a Rock , and then dextrously convey some live Coals under it , ( or it may be Turf ) which is no sooner fan'd by the Breath of Air , but immediately the Flames fly all about . Now you are to consider that the Race of Salmon , especially the Female in the Vernon Aequinox , is for the most part picking and casting against the rapid And in this River Errit it 's always observable , there are plenty of stumpy knotty Rocks , to which the Native , without difficulty , can pass and repass from one Rock to another ; and the rather to facilitate this mortal Design , they set the Pot on some seeming floating Rock , to which ( as I am told ) their Observation directs them ; which Rock , it may be , is almost drown'd in Water . Now this Artifice is no sooner perform'd by the rude Engineer , but the Salmon , because casting after her usual manner , often casts away her Life , by leaping into the Pot instead of the Pool . Th. I cannot approve of this murdering Artifice . Ar. Nor I neither ; but the manner of Action is thus performed . For the Salmon you must know , by reason of agility of Body , ( and considerable Strength ) so bends and contracts her self , by taking her Tail ( as suppos'd ) in her Teeth ; then , like a well-tempered Spring that suddenly and smartly unbends and flies off ; even so doth the Salmon with a strange Dexterity , mount the Air ( out of the Water ) an incredible height ; But because unprecautioned how to distinguish the Elements , and perhaps wanting foresight of this imminent Danger , she frequently encounters the boiling Water , which no sooner she touches , but her Life is snatch'd away by the suffocating Fumes , that immediately strangle her ; and thus the poor Salmon becomes a Prey to the Native , when only in the pursuit of Nature's Dictates , whose Laws and Rules are circumscrib'd and bounded by the Soveraignty of him that made the Creation . Th. This I must needs say is a barbarous Practice , but a quick way of Cookery . Ar. Such kind of Cookery will serve a Scots Commoner , as lives on the Bray and Skirts of the Highlands . But we relinquish these pleasant Streams of Errit , to patrole the Fields of Cooper in Angus , where Scotland's great General ( the Earl of Leven ) was born promiscously of obscure Parents . In this little Corporation of Cooper in Angus , the chief Magistrate is a Bayliff , Master sometimes of a Brewster-house ; where we may refresh our selves , before we trample the Sands of Ilay , imbellished with Rocks , and lofty Trees that shade her shining murmuring Streams , and shelter her numerous Sholes of Fish , especially towards her Source : where you may observe the Shores shine of a golden Colour , resembling the glittering Sands of Tagus . And the River Dean so fam'd for Pike ( though unfortunate for Trout ) gulphs into Ilay near Mighill-bridg . Th. What place is this ? Ar. Old Drumkelbo , an ancient supernnuated Castle , that adjoins to a certain Moor called Tipprosin ; which in my Opinion resembles the Stygean Lake , ( rather than the Elizium Fields ) whose solitary Bounds are large and spacious , mossy and boggy , full of Pits and horrid Blackness ; a Resemblance ( to my fancy ) of the Courts of Death . Now this Tipprofin got its Name from an unfortunate Priest , that travelling those unfrequented Tracts , accidentally fell into a Mossy Moorish , Boggy Pit ; which sudden Disaster surpriz'd the Priest , and the rather , because , when to see himself plung'd into the Arms of Death , without any prospect of timely relief , this made the poor Priest unlock the doors of his Lips , that like double Diapazons unlock'd the Air sooner than the Ears of the obdurate Native , that inhabited the Verge of this solitary Moor. So that by this time finding his Complaints insuccessful , only the repetition of his dolorous Cries from reverberating Rocks and Cavities of Earth , it stirr'd up a sorrowful Silence in the Priest , which at last led him into a profound Contemplation ; fancying to himself he liv'd now in his Grave , and every Object a Caput Mortuum . Th. The Priest , I perceive , was in a very bad Pickle . Ar. And so would you , had you been in his Case ; but this Meditation no sooner expires , when the Bogs and Moors ecchoe again with such hideous Shouts , and dismal Cries from the terrified Priest , as if some Evistre or Apparition had presented before him the horrible and terrible Apprehensions of Death : but it hapned otherwise ( and it 's well it did ) for some Natives and Inhabitants of the Fields in Angus ( were breaking of Earth , and digging for Turf ) who hearing a Noise , and an imperfect Sound , as they thought , breathing from the Bowels of the Earth , it dreadfully startled them at first : but after some time , deliberating among themselves , and resolving , if possible , to sum up the Cause of these horrible Cries ; their Ears were a second time assaulted , by a fresh supply of miserable Lamentations that sprung from the repeated Complaints of the poor pensive Priest , who was almost come to a Period , and winding up the Bottoms of his dolorous Howlings . Th. But the Priest , I hope , got relief at last , who it may be till then had forgot how to pray . Ar. You cannot forbear jerking the Priest , who by this time seem'd destitute of all moral Comforts , and as little hopes of Relief , notwithstanding his breathings forth of a formal Penance , lamenting his unfortunate , unlucky Mischance , that threatned his Exit , if no more Priests in Scotland . So in a fainting Fit , he faintly cries out with an articulate Voice , because his Breath began now to expire , which certainly had in a very short time extinguished , had not the Inhabitants pursued the Ecchoes to that dismal Pit where the Priest lay bogg'd ; imploring the Deity , with Eyes and Hands held up towards Heaven , using these and the like Expressions , Ex profunditatibus te inclamavi , Iehova . And though the People understood not his Latin , yet their Lenity and common Charity , with other requisite Endeavours , brought him Relief , and hal'd him sorth out of his formidable Confinement . Since which remarkable Time , to this very Day , the Natives and Inhabitants that inhabit thereabouts , do call this Moor by the Name of Tipprofin . Th. Why then it seems he christned the Moor. Ar. And you seem here to christen the Priest , for the Priest gave Name to the Moor of Tipprofin ; and the Witches ( if there be such ) gave name to Pitloil : as if Priestcraft and Witchcraft were inseparable Companions . Th. What 's amiss now at the Lough of Pitloil ? Ar. You shall have it when I can come at it , and that won't be long first . South and by East from these mountanous Elevations , we discover two large and spacious Loughs ; the one of them is called by the Name of Loundy ; but the other Lough is called Pitloil , divided from each other by an Isthmus of Land , or the interposition of a small Mountain . I frequented them both to fish for Perch , because to my Experience the largest in Scotland , if twenty Inches and better can be thought a large Perch : and having to my Curiosity examined them apart , more especially Pitloil , I declare it as my Opinion from several Examinations ( and approved Experiments ) that both of them super-abound with plenty of Perch ; which infinitely augments the Angler's Entertainments : Nor do the Waters mingle one with another , when each of them find a different Passage , to discharge themselves into the Streams of Tay. But in this Narrative I thought requisite to inform you , that Lundy exceeds by much in plenty , though Pitloil to a Miracle exceeds in largeness . But Van Helmont tells you , in Fol. 684. That in the Lake of Lemane , a Trout doth oftentimes ascend unto an hundred pound Weight . And the Natives that inhabit this solitary Part of Angus , will tell you of Trouts of such vast Dimensions , that I dare not report without being suspected ; so render my self and Relation ridiculous . A Trout also was taken in the River at Ware , and presented to Charles the First , then King of England , which Trout was of such a vast Proportion , as would seem incredible for me to report ; which for any Man's satisfaction the Figure of it as yet remains ( for ought I know ) at the George-Inn in Ware , to convince the Incredulous , if any be suspicious . A Pike also Van Helmont tells of , that a Sign hung on him is noted to have lived three hundred Years , and to have grown to an amazing Bigness ; nor then to have died , but by a vioIent Death . Great Pikes I have also observ'd to be taken out of the Lough of Minever , that have measured more than a Yard and a half ; and such were surprized with a Hook and Line . So in the Rivers of Lire ( nigh the Village Rumst ) an Eel was taken , which was sent to Bruxels , unto the Emperour Charles the First ; which was observed to have been seventeen Foot in Length . Another notable Relation I have from a Gentleman , born in Nottingham-shire ; his Name is Armstrong , whose Grandfather very much affected the Rod : and Trolling in some River there-abouts , but whether in Trent or the River Soar , he remembers not ; however he encountred a lusty Pike that disarm'd him , both of his Hook and his Hopes at once : so melancholy he left off his Recreation for that time , but the ensuing Day presented an occasion for our Angler to travel ; and as his Custom was , after dispatch of Business , he mingled some solitary Recreation with his Employment . So steering his Course to the Water-side , and viewing the Fords , he observes a Shole of Fish fly to the Shallows for Sanctuary ; by which he imagined the Fry was assaulted : so that presently near the Deeps , he lets his Bait drop ; which unexpectedly was suddenly encountred ; and he like an Artist , gave his Examinant the Law of fair Play , so destroyed his Assailant : and having by this time landed his Adventure , he presently goes about to discharge his Arming , but reaching forth his Hand to disgorge his Captive , he becomes suddenly surpriz'd , because then to find in the late conquered Fish , not only one Hook , but another also ; which he certainly knew to be his own , that but the Day before was forced away from him ; which after examination , he found it was . Now this Fish was observed to have travelled fifteen Miles in twenty four Hours . For that end I offer this discourse , that the travelling Fish never arrives to that maturity of Growth , as does the Fish that is idle and slothful ; for by how much his Motion is in the River , by so much the better and more nutritious is the Fish. Now that Witches inhabit near this Lough of Pitloil , I am of Opinion , provided there be any . But whether there be , or be not , such mortal Demons , I suspend my Judgment , and proceed to the Adventure . Th. I long to hear it , and you are loth to come at it . Ar. Have patience but a little , and you shall have it . Early one Morning ( before the Sun had adorned the Day with his beautiful Beam of Light to gild the azure Firmament ) I set forward , as at other times , to this fatal Lough of Pitloil ; and riding along , observ'd a large and lusty Hare ( but they call her Maukin ) sitting upon a large and gritty Stone , washing and furbishing her Face with her Feet ; and on the bought of her near Buttock ( as to my Observation ) was branded a remarkable Patch of an obscure blackish Colour , altogether different from the rest of her Fur ; which appeared to the bigness of a five Shilling piece of new minted Silver : but dismounting my Horse , she discovered me approach her with my Greyhound-Bitch , which I suddenly slipt ; and she as suddenly forsook her Station , but trusted so little to the nimbleness of her Heels , as if her Life was but of little Value . On the other hand , my Bitch was so slow in her Motion , as if they had mutually combined not to hurt one another . So leaving that pursuit to pursue my first Intention , I left the Mountains to trace Vallies to this unfortunate Lough of Pitloil ; for what hapned afterwards will commission me , I question not , so to intitle it : where I found my Greyhound Bitch , but no Fur in her Mouth . Th. What of all this ? pray be brief . Ar. I 'le be as concise as I can . That very time , I remember , a Peer of the Realm went ( with me ) in Company , to this Lough of Pitloil , to which place , when we arrived , and dismounting our Horses , to imprint our Feet on the Silver Sands , ( it 's a liberty I assume to call them so , in regard of their glittering Whiteness ) and searching for the Boat , we found it was removed into a more remote and solitary part of the Lough : so we sent some Attendants to seek for the Man that rowed the Boat ; nor were they long in their Inquisitions before they found him , as they unluckily passed by the Doors of some ill contriv'd Huts , or obscure Caves , that resembled Dungeons rather than habitable Houses ; where sometimes he usually reposed himself , there , or thereabouts , because in expectation that some or other would come that Day to visit the Lough : which happened accordingly to his apprehension . Now by that time our Attendants were come up with those Female Infernals that inhabited those Hutts , and enquiring for the Skipper to pilot the Boat , he makes himself known , that he was the Man that paddled in the Pool with a bad and crazy weather-beaten Boat. So they desired him to hasten away , with such Tools and instruments as he had to assist their Design . To all which he readily seemed to comply with , in hopes of a Gratuity which he afterwards obtained . But before they departed from those ugly Earth-holes , an ill-contrived Urchin , or a Cur out of shape , and deform'd , ( as they described him ) but we call him a Tarrier , and they by the Name of a Whitwratch , ( bastard-brood of the Fox ) as the Servants apprehended ; so might any Man as well as they rationally conclude , as by the Circumstances given us by their Description . A beautiful Spannel I had at that time ( propined me by the Lady of an eminent Peer ) followed after the Horsemen ; which the Elph in pursuit of , had fastned on him , but was suddenly rescued by my Greyhound-Bitch ( formerly discoursed ) and peradventure with some small detriment to this ugly Elph : Which when the Hag had enviously observed , she hastned in the Elph , and suddenly after was heard to express unsavory words , very Diabolical , with Charms and Threats ; besides various antick Gestures and Postures , both with her Head and Body ; that at present occasioned abundance of Laughter among them ; as it did after their departure from those sordid infernal Huts or Habitations . Th. We shall have something on 't by and by I perceive . Ar. Doubt it not ; for no sooner the Boat touched the Sands , but as soon I committed my Person to the Lough , as calm and as smooth as a Sea of Glass ; and so it continued , till the Sun 's advance to climb the Meridian : but afterwards , my fortunate Success became unsuccessful , for after his Declination the Scene was changed ; and then my Labours prov'd all Abortive , for the beautiful prospect of my Morning's Diversion , was changed and clowded with tragical Conclusions . It 's true , I went ashore to refresh my self , in regard a cold Capon , and some other good Provision was provided for me , and this Noble man's Refreshment ; who sat down with me under the Shades of Rocks , not far from the Brink of this Lough of Pitloil : where we both Eat and Drank together , till finding our selves sufficiently refresh'd ; and then I arose , and took leave of this Honourable Peer ; so returned to the Boat again , to steer my former Course ; as also to observe what interest the Lough would now afford me for those Hooks and Lines I left behind me . But no sooner I had committed my self to the Boat , and rowed to the Place where I left my Tackle , but on a sudden , and unexpectedly , I was interrupted by the loud Acclamations of some on Shore , that shouted and made Signals , by beck of Hand , ( because by this time I was almost out of distance ) advising my return : Which I no sooner interpreted , but hastned to the Shore as fast as I could ; for by their seeming disorder , as I then apprehended , some unexpected Accident had hapned amongst them . So that I forcibly forced my Passage through the thickest Waves ; and being by this time arrived on Shore , I was entertained with the unwelcome News of my Land-spaniel's Indisposition ; but too late I found to rescue him from Death . So reflecting on my self , that Beginnings have Conclusions , I directed my Steps back again to the Boat , to recover my armed Tackle left behind , on purpose to surprize such Fish as were shame-fac'd to bite before me . Now this was the third Time I entred the Boat , in order to pursue my Angling Enterprize : when a fresh Summons alarms me from the ecchoing Shores , to come back and testify another strange Accident , not inferiour to the former ; because to stand by as an Evidence , and see my Greyhound-Bitch lie a dying ; whom I presently found as stiff as a Stake , ( or a Stump ) whilst as yet her Body was as warm as Wool : nor could I say she was totally Dead , yet I 'm sure she was altogether depriv'd of Motion . So I hastned from the Morts , and returned to the Lough , to draw up my Lines which I left behind me ; and though having met with too such fatal discouraging Accidents ( with solicitations from this Honourable Person ) I pursued my first Intention ; so brought off my Lines , and left the Lough in a foming Rage ; and now you shall hear what hapned on Shore . Not far from this Lough , stood a small Mountain , whereon some Inhabitants had built a Kiln ; to which Place we directed a Servant for Fire , that presently brought it , but we hardly knew the use on 't , before the Kiln was all in Flames ; and burnt so vehemently , that in a short space the whole Fabrick was consum'd and burnt down to the Ground : So I left my Recreation , and took my leave of the unfortunate Pitloil . And now give me leave to return to Drumkelbo-Castle , and tho but ill contrived , and as ill situated , in regard it stands near to the Moor of Tipprofin ; yet not far from thence are the flourishing Fields of Mighill , beautified and adorned with stately Sycomores ; as are her Meadows surrounded with Rivers and Rivulets . In the midst of whose Plains stands a Parochial Church , wherein lies interr'd the Royal Corps of King Arthur's Consort ; with the Reliques of some other weather-beaten Monuments that Age has almost blotted out ; but the Queen's Tomb I observed was surrounded with Martialists , that when living so , in Death paid Homage at her Princely Sepulchre . These are those cultivated Fields of Mighill , where King Arthur's Stone stands to this very Day . It 's true , because Traditional among the Antiquaries , and why not as true because a Superstition amongst the Inhabitants , who will tell you with as much Confidence as they mumble their Pater Noster , or with as much Impudence as you can credit with ignorance , that that very Stone was King Arthur's Table , when his Royal Campaign encamp'd in those Fields ; which he left behind him as a Relique to Posterity ? Th. Or rather because he could not take it with him . Ar. You will have your Joke , I perceive ; however I 'le proceed to the pleasant Banks of Ilay , where the Angler , without difficulty , may take a view of a large and spacious River of translucid Streams ; where a Storm seldom invades the Shores , nor any immoderate Winds much to incommode them , in regard the Water runs most on a level , and the Banks very blough ; more especially when attempting the Head of Reven , where the Angler may observe most rapid Falls and stiff Streams , which are seldom or never unaccommodated with Trout , besides the generous Race of Salmon , the Nature of whose Sex and Species ( this Opportunity presenting ) invites me to discover a most admirable Secret. For as I was angling one time on a Sun-shiny Day , in these limpid and transparent Streams of Ilay , I was constrained , in regard of the excessive Heat , to relinquish her inflam'd sandy Shores , to seek Umbrage ( where I could get it ) from some shady Trees : but none I found there to harbour and relieve me . However , by this time , I recovered a Meadow , which generously commoded me with a Hauthorn-bush that Nature had planted by the River side ( which served me for Sanctuary ) whose dilating Boughs , spreading as an Umbrella , they defended me from the scorching Strokes of the Sun , where also I lay closely conceal'd , the better to inspect Nature's Curiosities . For whilst reposing my self under this tiffany Shade of diversified Leaves and flourishing Twigs , that hovered over the Brinks of this amorous Ilay ; on a sudden I discovered a very large Salmon , leisurely swimming towards the Leeward-Shore : and having considered the Sun at his Meridian , I thought it needless to provoke her with Fly , or any thing else , more especially at such a time when I knew her indisposed to divert her self either with Food or Frolick . Where note , the more circumspectly I traced her with my Eye to pursue her , the more and greater still was my Admiration , because to mark her from Place to Place , till at last I saw her arrive on a Bed of Sand , which scarcely to my apprehension , covered her with Water ; for I am confident it exceeded not the depth of one Foot ; where with her Tail she rigled to and fro , so long and oft , till I visibly discovered a flat slaty blewish Stone ; over which she oft-times contracted her Body ; Nature provoking her to eject her Belly , which at last she accomplish'd , to my surprizing Amazement . But this was not all ; for as soon as that Project was performed by the Female , with most accurate Swiftness , she lanched her self forth into the more solid Deeps ; which was no sooner performed , when as suddenly I recovered the view of another , as afterwards will appear by the following Circumstances : For out of that solitary and profound Depth of Water , wherein the Female had concealed her self , there sprung up a Male ( or something like him ) that swam directly as if hal'd with a Cord , to that very Place where the former Fish had ejected her Belly , ( but some call it Spawn ) and there performed such an admirable Office , as you will hardly believe , though I tell you the Truth . Th. However , this is remarkable , pray let us have it . Ar. The Female I have told you , has shot her Belly upon a large and blewish slaty Stone ; and the Male , as by instinct to discharge his Office , dilates his Fins , and futters about , till at last he directs himself over the ejected Matter ; where with his Nose , as I then apprehended ( though I will not warrant Fish to have a Scent ) rooted as a Swine , or something like it , yet were the Waters at that time undisturbed ; when on a sudden , and with a violent motion of Body , he throws himself about , invading the Calms with such a strong Ebulition , as if some pondrous Stone had struck the Surface : but it was not long e're I see him again , though for the present he seem'd to me invisible . And then my Observation led me curiously to observe him direct his Head to the former Place , and contract himself after the same manner which the former Fish had formerly done . This I visibly and plainly saw ; which , together with his active and exerting Motion , a spermatick Whiteness of a milky Substance issued from him , not much unlike to jellied Cream : All which Remarks I signally notified , and by all the Circumstances my Judgment could direct to , I concluded him the Milter , because there to shed and scatter his Milt upon the ejected forementioned Belly ; which with my Eyes I then beheld , and visibly saw ; and therefore take the boldness confidently so to report it . Believe it that will , refute it that can ; I know no better Evidence than Eye-sight . But lest any Man , through Obstinacy , or a vain Incredulity , arraign the Truth of this my Observation ; I 'le direct him a Precedent , and go no farther than the Brood of Perch , because both are barrel-bellied Fish ; and answerable in some measure to the Race of Salmon ; which if he do , he may rationally conclude that Nature's Laws are alike to both . Now the Milter , because having discharged himself with some little Labour , and as little Trouble , suddenly recovers again the Depth of the Water , with most accurate swiftness ; nor have I rarely seen a more violent Motion : whose absence in a trice invites the Female Fish , and she no sooner returns to the Place , dictated beyond dispute by the Mediums of Nature ( which I think no wise intelligent Man will deny ) works a Trough like a Cistern in Sand or Gravel , and as near as I could guess of about her own Proportion ; into which Trough with nothing save the spring of her Tail , she jumbles and tumbles in the prima materia , according to Aristotle ; but proxima materia , if you credit Sandivogius ; who allows , a visibility of the second Matter , but not of the first : so gently she cover'd it over with Sand , and then left it to the great Luminaries for Vivification , and the Seminals , because having a prolifick Virtue , and Life-quality innated in them . Life inevitably shines forth after certain Days , Accidents omitted ; because the Lustre of Life is a thing so sacred , that the Lubeck of Conspiracy strikes to blot it out . Thus much therefore as relates to the Progeny of Salmon , I being an Eye Witness , do boldly testify ; and as boldly divulge ; if Seeing be a good Basis for any Man's belief . And this I believe , and confidently assert , and therefore report it to the World for a Truth . Th. O how rare and admirable are the Secrets of Nature ; who useth no Engine nor Artificial Prescriptions ! Your former Relations seem Prodigies in Nature ; but this , as if beyond her , surpasseth admiration . Ar. Nature made naked is nothign but Wonder , and Scotland is a Kingdom and Country of Prodigies . Look forward and behold that tott'ring Bridg , we must pass over it to the Town of Eliot , a small Country-Village , one would think it dropt out of the Skirts of the Highlands . And this is the Town where famous Leven ( Scotland's great General ) was surpriz'd in his Quarters by the English Cavalry . Not far from this Bridg of Reven , the Streams being translucid , you may see under Water irregular Rocks , and knotty broken stumps of Trees , that stand in the Streams of famous Ilay . Where the swiftness of the Current undermines the Sand , and delves great Pits that secure the Salmon from the Sentence of Death , except such as are destinated to die by the Decrees of Age , or their own extravagant Prodigality , in pursuit sometimes after fictitious Novelties ; as when they relinquish the Rocks in a Bravado , to challenge Death by a different Fortune . For then is the Time the prejudicate Native consults his Opportunity to put in execution that barbarous Practice of murdering Fish by Moon-shine , as at other times to martyr them with the blaze of a Wisp and a barbed Spear . Th. What , are these Canabals , or murdering Moss-troopers , to surprize Fish by the Engine of Fire-light ? Such dark Conspirators sprung from the Mines in Florida , Fawks , or Cataline ; or some infernal Incubus . Ar. These are those amorous Banks of Ilay , so famously extoll'd for Diversion ; for in those solitary Streams you see before you , by industry of Art , and dexterity of the Rod , I have had Trouts come ashore , and leap in my Hand . Th. That 's by reason they could leap no where else ; But how far have we now to the Bridg of Dean , discours'd every where for the plenty of Trouts ? and if Fame be a true Oracle , they tumble up and down there , till the Artist pleases to exchange their Element , and court them ashore by force of Arms. Ar. That 's the Place , near those glittering Sands , and rocky Foundations ; where you may observe the trembling Streams swiftly , yet sweetly glide along ; but not as Cataracts to terrify the Fish , by reason their Fall is so gently moderated , amongst those knotty stumpy Rocks . I call it a River enrich'd with Inhabitants ; where Rocks are Landlords , and Trouts Tenants . For here 's not a Stream but it 's furnished with Trouts ; I have angled them over from Stem to Stern , and drag'd them forth Brace after Brace , with nothing but a Hackle , or an Artificial Fly , adapted to the Season , and proportioned to the Life . Humor but the Fish , and you have his Life ; and that 's as much as you can promise your self . O the Diversion I have had in these solitary Streams ! believe me , Theophilus , it surpasseth Report . I remember on a Time , when the Clouds let fall some extravagant Drops , which in a manner discoloured the Surface of the Water , then it was that amongst those stony Cisterns , where you see the Tops of the Rocks make a visible discovery , a little above that trembling Stream , if you mind it ; there stands a stumpy craggy Rock , peeping perceptibly out of the Water . From thence , and above those slaty Foundations , I have struck , and killed many a Brace of brave Trouts ; a Reward beyond my Labour and Expence . Th. I question it not ; but what 's here , the Arcanum of Angling ? Ar. Yes sure , and the Treasure lies in those trembling Streams that come tumbling down to wash the Cheeks of those pallid Rocks ; from whence they gently glide along with generous Dews , to moisten the florid marly Banks ; and tinged as you may see with a Rubido , they strike a vivid Tincture into the flourishing Streams : and thus the Complexion of the Water was changed , ( once upon a Time ) when I fished those Streams , where the Trouts , to divert me , and augment my Entertainment , came ashore to court me ; and courteous beyond curiosity , laid their Lives in my Hand . Th. Then they gave you handsel I perceive but this is some Aenigma , pray explain it . Ar. It 's no more an Aenigma than a Trout is a Trout ; for you must suppose him an active Fish , who no sooner finds himself intangled , but he plunges , and breaks the Surface of the Streams , thinking thereby to disintangle himself , and reprieve himself from the danger of Death , that already has laid an Arrest upon him . Thus by picking and casting , he casts his Life away ; so swims ashore to hear the Angler's Doom , in whose Breast lies the Sentence of Life and Death . On a certain solitary and gloomy Day , the Face of the Firmament was sullied with Clouds , that roll'd to and fro , but did not melt . I remember I armed with a glittering Fly , the Body composed of red twisted Silk , intermingled with Silver , and an Eye of Gold , the Water in temper ( as you now observe it ) but the wing of my Fly was the dapple Feather of a Teal ; the Day , as prenoted , promiscuous and gloomy ; and the Clouds , as I told you , stained with blackness ; but no noise of Thunder disturb'd the Air , nor was there any Symptom or appearance of Rain , save only some sprinkling scattering Drops that trickled down the marly Banks , and moistned the Cheeks of the craggy Rocks ; so amalgamizing the mollified Earth with Water ( to my Observation ) invited the Fish from their Habitations ; insomuch that the Streams were not Charms strong enough to contain them , for in Frolicks , as I apprehended , they made haste to meet me ; and that was as much as to complement Death : but the Landing , I confess , was difficult enough , by reason of Distance , and the hazardous Passages I frequently encountred , because of Rocks ; which with difficulty I evaded . But that I need not recount , when only designing to recite the executive Part of Angling , in order to which my ensuing Discourse will instruct you in the Art , and in the mystical Intrigues of the Angler also . Th. Ingenious Instructions will signalize the Art easy , and impregnate the Artist . Let the Luxurious furfieit with the Sins of the Age , I 'le trace the Angler's Footsteps , and pursue this inoffensive Life , and silver Streams , to propagate and cultivate the Art ; so compleat my self an Artist in this mystical Artillery : for I can raise my Ambition no higher than the Device , Fashion , and Form of Flies ; with Advice also for their management , together with seasonable Time and Use. Ar. That was my Intention , had you never mentioned it : but were it to another , I should rather refer him to our modern Assertors . For indeed the frequent exercise of Fly-fishing , though painful , yet it 's delightful ; more especially when managed by the Methods of Art , and the practical Rules and Mediums of Artists . But the Ground-bait was of old the general Practice , and beyond dispute brought considerable Profit ; which hapned in those Days , when the Curiosity of Fly-fishing was intricate and unpracticable . However Isaac Walton ( late Author of the Compleat Angler ) has imposed upon the World this monthly Novelty , which he understood not himself ; but stuffs his Book with Morals from Dubravius and others , not giving us one Precedent of his own practical Experiments , except otherwise where he prefers the Trencher before the Troling-rod ; who lays the stress of his Arguments upon other Mens Observations , wherewith he stuffs his indigested Octavo ; so brings himself under the Angler's Censure , and the common Calamity of a Plagiary , to be pitied ( poor Man ) for his loss of Time , in scribling and transcribing other Mens Notions . These are the Drones that rob the Hive , yet flatter the Bees they bring them Honey . Th. I remember the Book , but you inculcate his Erratas : however it may pass Muster among common Mudlers . Ar. No , I think not ; for I remember in Stafford , I urged his own Argument upon him , that Pickerel weed of it self breeds Pickerel . Which Question was no sooner stated , but he transmits himself to his Authority , viz. Gesner , Dubravius , and Androvanus . Which I readily opposed , and offered my reasons to prove the contrary ; asserting , that Pickerels have been fished out of Pools and Ponds where that Weed ( for ought I knew ) never grew since the Nonage of Time , nor Pickerel ever known to have shed their Spawn there . This I propounded from a rational Conjecture of the Heronshaw , who to commode her self with the Fry of Fish , because in a great measure part of her Maintenance , probably might lap some Spawn about her Legs , in regard adhering to the Segs and Bull-rushes , near the Shallows , where the Fish shed their Spawn ; as my self and others without curiosity have observed . And this slimy Substance adhering to her Legs , &c. and she mounting the Air for another Station , in probability mounts with her . Where note , the next Pond she happily arrives at , possibly she may leave the Spawn behind her , which my Compleat Angler no sooner deliberated , but drop'd his Argument , and leaves Gesner to defend it ; so huff'd away : which rendred him rather a formal Opinionist , than a reform'd and practical Artist , because to celebrate such antiquated Records , whereby to maintain such an improbable Assertion . Th. This was to the Point , I confess ; pray go on . Ar. In his Book intituled the Compleat Angler , you may read there of various and diversified Colours , as also the Forms and Proportions of Flies . Where , poor Man , he perplexes himself to rally and scrape together such a parcel of Fragments , which he fancies Arguments convincing enough to instruct the Adult and Minority of Youth , into the slender Margin of his uncultivated Art , never made practicable by himself I 'm convinc'd . Where note , the true Character of an industrious Angler , more deservedly falls upon Merril and Faulkner ; or rather upon Isaac Owldham , a Man that fish'd Salmon but with three Hairs at Hook ; whose Collections and Experiments were lost with himself . Th. That was pity . Ar. So it was , but to thee Theophilus so well improved , if Salmon or Trout be your Recreation ; remember always to carry your Dubbing-Bag about you ; wherein there ought to be Silks of all sorts , Threads , Thrums , Moccado-ends , and Cruels of all sizes , and variety of Colours ; diversified and stained Wool , with Dogs and Bears Hair ; besides twisted fine Threads of Gold and Silver : with Feathers from the Capon , Partridg , Peacock , Pheasant , Mallard , Smith , Teal , Snite , Parrot , Heronshaw ; Paraketta , Bittern , Hobby , Phlimingo , or Indian-flush : but the Mockaw , without exception , gives flames of Life to the Hackle . Thus arm'd at all Points , with Rods Rush-grown , Hooks well temper'd , and Lines well tapered , you may practise where you please in any River in Scotland ; provided always the Season be sutable . And forget not be sure to purdue your Distance , always taking the Head of a Stream , and leisurely fish downwards ; lest your Game discover you , and flie before you . Another Observation , is the various Change and Complexion of the Water , occasioned sometimes by immoderate Gluts , intemperate and violent Gluts of Rain , Issues of Land-floods , Soil and Silt from off the Shores. These and the like Observations ought to be the consideration of every Ingenious and Practical Angler . And this is the proper Season to exercise with the Ground-bait ; for should any Man , under the pretence of an Artist , remain destitute of these prenoted Qualifications , proclaim him a Block-head ; let him angle for Oisters . Th. But what must we do when the Fords are discoloured ? Ar. I have already told you , that the Ground-bait then is most profitable for Diversion . But imagine it like this adapted for Fly. Observe those Insects , and flender Emits that accost the Streams and bubling Fords ; not doubting , but with Diligence , you may easily surprize them ; which if it succeed not to your Intention , traverse with your Eye those Landskips of Rocks , that at a distance lie buried almost under Water ; or from those knotty Brows of broken Banks , that stand within distance ; otherwise clap close down on some Flat or Level , which equals the surface of the gliding Streams : where it behoves you to condescend and stoop sometimes to your Knee , or it may be closer Order , if need so require ; always observing the hovering Fly that flutters aloft to allure the Fish , how wantonly he sports himself with Death , when to court a familiarity with that that destroys him . Th. But what if this Design prove Abortive ? Ar. You must then clap down beneath some Rock , or you may shelter your self in the Cavities of Earth : so with curious Inspection , and diligent Observation , the brightness or the gloominess of the Day considered , fashion your Device according to Art ; considering the general Cure for Proportion , as also the Season , by the Rule of Contraries . For the brighter the Day is , the obscurer your Fly ; but the more promiscuous the Season is , by so much the more ought your Fly to be bright and shining . I also advise you to prepare the Ground and Body of your Fly with Bears-hair , as at other times from the obscurities of Wool ; but then let the Head be obscure and dark , since generally most Flies their Heads are blackish . The Wing also you may strip from the Pinion of a Teal , which above measure allures the Trout to destruction . But if Novelties affect , as frequently they do , you must then consult your Flies to excel one another , if provided you design to advance your Recreation . But presupposing the Day be gloomy , as frequently it happens from melancholy Clouds — Th. What 's then to be done ? Ar. You must then consult a brighter Fly , which is better understood upon serious Practice ; for I extol no Man a Proficient in the Art , that is undisciplined in the Academy of Experience . Th. But some Men I observe are more Ingenious than othersome . Ar. Otherwise I should allot them an accidental Fate : for convinc'd by observation , I am easily perswaded that some Artists gain Experience with little Difficulty ; when as othersome acquire it not without great Industry : for where natural Endowments accommodate the highest Form in Arts , their Theory and Practicks seldom justle for precendency . Thus the Day and the Season always considered , the Artist , I fancy , may sport at leisure , provided he design Angling his Recreation . Th. Are there no Mediums set down as a Standard in the Art ? Ar. Yes surely there are , but considering your Capacity , it will add but little to those Instructions . However I 'le discover another notable Secret , though less practicable , yet probably more advantagious than adventuring a Fly according to Fashion . Th. Pray unriddle the Mystery ; it 's some Aenigma I fancy . Ar. The Paradox explained ; First take a Trout , rip up his Belly , and examine his Maw to see what remains unconcocted ; and if it be in Fly-time , you will find some there ; for he loves to insinuate himself among Insects , ( for Flies are Insects ) and are upon the main the Matter he preys on . Procrastinate no Time , for the Digestions are swift ; be quick therefore , and you will find some there ; and as near to the natural Form as your Ingenuity admits of , contrive such another in Figure and Proportion , which without delay , make an Experiment by spreading the Streams with your Artillery : and if it answer not what in reason you expect , take the freedom to proclaim me no Projector . But be cautious and circumspect in all your Approaches , and be dextrous and diligent when and how you strike . Fish by direction , but put no Force upon your Exercise ; so that when you observe your Game advance , and raise himself to encounter his Prey , fix diligently one Eye to attend his Motion and keep the other on the Point of your Rod ; avoiding all silly and foolish Circumstances ; only remember to answer a Foot exactly with that Hand that reacheth forward , beginning always at the Head of a Stream , and so patrole to parsue your Game downwards ; otherwise you may confidently assure your self , the Fish becomes Fugitive , so flies before you . Th. I shall mind your Directions , and pursue your Instructions . Ar. Well then , I 'le proceed . A calm Air you know prognosticks a Cessation of Winds ; and a Breez being wanting to furl the Deeps , by what Art will you contrive to raise a Trout in a deep , torpid , and solitary River ? Mind what is said ; be sure you stand close , and prudently conceal your self behind some Rock , or some shady Bush : then , with the hazard of nothing but a Drack , which if not attainable , then search out some other natural Fly , and dibble be sure lightly on the Surface of the Deeps , you raise him beyond dispute , and as certainly kill him ; for this natural Novel has no Compeer ; and the Artificial is but the Representation . Where note , the green Drack pleads the precedency , then the Gray ; the former from the issue or product of a Codworm ; but the latter as to observation proceeds from the Straw-bait . Th. A very significant and proper Distinction . Ar. Now besides close Order , great Curiosity is requisite in Tackle : for the more accurate the Artist is , by so much the more will the Art be express'd . For that end , let your Rod be shap'd Like a Rush , the line exactly tapered ; your Hooks well tempered , and as well compassed ; not too stiff , nor yet too pliant ; their Points well drawn out , and as sharp as Needles , but their Birbs as stiff and as strunt as Bristles ; the Wing of your Fly also well flourishd , and well pinion'd ; and so snug as to carry the Point always downward . These are necessary Observations in Trout-fishing ; more especially to the Contemplative and Ingenious Artist , rather than to those Paper-scull'd Buffoons , devoid of Reason , and as indigent of Patience , as the Man that hang'd himself , because the Hangman was not ready ; that confront the Art , because Fish won't meet them half-way ashore , and leap into their Laps before they come near the Water-side ; where you may see them stand like so many Star-gazers , gazing on the Fish , and the Surface of the Streams ; whose Aspect , if possible , would terrify a Grampus , that seldom or never satisfies their Appetite , till their avaricious Desires have victualed the Pannier . Th. These Mudlers shall never merit the Title of Anglers , nor their Arguments a better Reputation than Affronts ; Mercenary Slaves , that murder all they meet with , and hunt like Otters to accommodate the Paunch . Ar. Thus our Discourse of the River Dean has diverted us to the Fields on the North of Reven , which indeed was a considerable part of my Design ; because I might not only be said to convince you , but use you as an Argument to convince others , that the Trouts in these solitary Streams , are for Largeness , Beauty , Size and Proportion , nothing inferior to any in Scotland ; and such have I hal'd out of these purling Pits , with nothing save only a natural Fly. Th. But the Day declining , what becomes of us now ? Ar. Why now we must relinquish these rolling Streams , and those pleasant flourishing Fields of Reven that direct to Ingleston , and the Antiquities of Castleton , formerly inhabited by the English Martialists : But Castleton you must consider was only a Fort , and Ingleston ( as I am told ) their assigned Locality . Distant some two Miles from these Weather-beaten Reliques , stands the House of Glames , and the fair Feneven , situated amongst Rivulets . More Norward yet we advance upon Forfar , where we may expect as good Entertainment as the Country is capable of ; and that is good enough , since Eating and Drinking is not the main of our Design : but there stands the Town of Forfar , tell me what you think on 't ? Th. I think it 's a Town ; what would you make on 't ? Ar. Not only a Town , but a Corporation too , how're you approve on 't . Th. I approve on 't well enough , Where lies the Objection ? here 's nothing that I see presents uncomely : But how goes the Story of the good Man's Cow ? and what became of the Old Wife's Liquor ? Ar. I matter not much if I give you the Relation , as neatly drest up as the Circumstances will bear ; for there was , I 'le assure you , a very hardy Adventure , hapned betwixt the Brewster Wife , and Puggy the Cow of Billie Pringle . Th. Pray let us have it , I grow impatient to hear it ; I 'le remark the Beginning , and diligently attend the Conclusion . Ar. Then I 'le begin . Once upon a Time ( for so I was told ) within the Walls of this little Corporation of Forfar , there lived an ancient Brewster Wife , more eminent in her Art for brewing of good Ale , than all the Brewsters that lived about her ; who upon occasion of some Solemnity , had boiled up a Cauldron of stinging Stuff , to hum the Noses of some jolly good Fellows , that by Country-Custom and Rules of their own , had made an Appointment to meet there to Morrow ; which they punctually performed , but were all disappointed , because not to meet with what they came there for . Now you are to consider the Custom of the Country , which in short was this . No sooner the Alewife brews her Ale , but presently she exposeth it to the open Air , in certain Vessels which the People call Coolers , ( always provided it do not Rain ) though not so much to moderate the Heat of the Liquor , as to ripen and prepare it for a present Draught ; which they fancy it does , and Fancy you must know surpasseth Beauty . Th. Very good , pray go on ; I fancy we shall have a pleasant Story . Ar. But so it hapned , that Moggy her Maid , was the Person appointed to attend this Liquor ; whilst the guid awd Wife was cumbring her sen to deft her House , and put it into Order . Now the careless Lass steps casually aside , ( whose absence was not long ) when by accident & most unfortunately a deep-wem'd Cow of jolly Billy Pringles came stragling that way ; who assail'd the Liquor , nor could she well help it ; because when so provoked by the alluring Steem , that sent a Summons to her voracious Appetite : and the poor Cow as if invaded by some feverish Indisposition , and because knowing no Law of Limitation , seem'd wholly uncapable to satisfy her self , so long as any Ale was left in the Cooler ; for she drank , and puff'd , and then took Wind , and too 't again , so long , and so oft , till at last she surveyed the Dimensions of the Tub , where the Liquor in a short time was almost consumed ; which any Man of Sense might rationally conclude so , because the Cow could not see her Face in the Bottom . Th. But here lies the Question , whether or no the Cow's natural Draught was so large an Allowance ? or what unnatural Spark of Heat had then occasioned such immoderate Exceedings ? Ar. I confess I neglected to examine that Circumstance ; but this I remember , and every one can tell you , because so remarkable , it can never be forgot , that the Cow when examining the smoothness of the Ale , and finding it , as I conceive , moderated to her Temper , without a Coag she drank all off : which no sooner hapned , but presently in a rage comes out the awd Wife that brewed the Ale , and troubled beyond measure at the loss of her Liquor ; besides , it touch'd , as she thought , her Reputation , because to disappoint the jovial Crew that had celebrated that Day to solemniate Bacchus , and observing how the Cow stood puffing and blowing , and her Ale as concluded past all discovery , grows immediately Horn-mad ; so le ts fly at the Cow , by thundring on the Ribs and the Sides of the Beast , with a formidable Bastinado , or a good Oak Sapling , like Iohn at the Giant ; who became extream angry , because that the Giant would not run away from him . At length comes Billy Pringle that owned the Cow ; and he forsooth , like an Advocate , useth Arguments to pacify and moderate the awd Wife , against such violent and immoderate Proceeds ; which nothing availed , for she gave him the hearing , and that was all . But standing a while to recover fresh Breath , she presently lets fly at the Cow again , by redoubling her Blows on the Sides of the Beast , till at last the awd Wife became as weary with cudgeling , as the insensible poor Cow was at that time with fudling ; whose Sides were already so stuff'd with strong Ale , that made her Proof against the awd Wife's Artillery ; which so incapacitated the Cow for flight , nay I might as well have said , not almost , but altogether uncapable of Motion . All this while Billy Pringle he labours in vain ; and though no Provost , nor Laird of a Manour , yet was he forsooth a venerable Commander , who endeavours what he may to pacify the awd Wife ; but she was so inconsiderate , nothing ballances her Passion ; his Arguments , she interprets them all Affronts ; and his Pacifications but Inducements to aggravate her Revenge . Whereupon he resolves no more Pleadings , but to use Silence as the best Interpreter . Which she observing , stood still a while ; and though out of Wind , and not answering a Word , yet the Storm was not over ; for no sooner she recruits , and recovers fresh Breath , but le ts fly at him like George at the Dragon . This rais'd such an Uproar all the Town over , and a general Confusion among the Spectators , that now my Lord Provost displays his Authority ; who to pacify , if possible , the Bulk of the Rabble , that were at that time all in an Uproar , came puffing and blowing , almost out of Breath , commanding the Peace ; asking them , If they longed to be hanged for a Riot ? Get ye Home , quo the Provost , every Man to his House ; and that quickly too , or I 'le send ye packing . But observing the Tumult make no haste to disperse , he commands the Peace in their Majesties Name , whilst he lays about him with a sturdy Oak-Saplin he had in his Hand ; telling them all the while , That if they would not be quiet , he would make them quiet , and keep the Peace too , and their Houses to boot . And for your part , guid Wife ( quo the Provost ) seek your Remedy at Law , it 's a Friend's Advice , and the best Course you can take . And for Billy Pringle , he may do the like . The Words drop'd savourly from his Worship's Mouth , so took effect . And now the guid Wife arrests Billy Pringle , because that his Cow drank off her Ale. And he like a Man to purge himself by Law , traverses the Action at the Court at Edinburgh , where the Case was opened , and Pleadings on both sides . But the Woman's Counsel pleads hard for Satisfaction ; when an Advocate for Billy Pringle solicites the Judg , that an Award be allowed to his Client Pringle : For , my Lord , quo he , they produce no Precedent ; nor was it ever known in the Kingdom of Scotland , that a Cow paid a Plack for a standing-Drink : nay , more than that , she never call'd for 't , and Doh and Doris is the Custom of our Country ; Where note , a standing-Drink was never yet paid for . With these and the like Circumstances he made the Court merry , because utterly to exceed and confound their Practice ; so that now every Lawyer became a Mute , and every Auditor a silent Admirer . During this Silence there rush'd into the Court a crew of sawcy surly Fellows , that proffered to swear for the guid awd Wife , that the Cow drank the Ale brewed for them to drink : and it 's thought they would have sworn through a double Deal-board , they seem'd so enraged for the loss of their Ale. This you must conceive warm'd the Woman's Counsel , so that they moved the Court for Satisfaction , and prayed a more strict examination of the Matter . Upon which the Records of the Court were called for , but no Precedent was found to punish a Cow for drinking of Ale , sitting or standing . Besides , it was adjudged beyond the Practice of the Court to determine any thing wherein the Laws were silent . Yet notwithstanding all this , and a great deal more ; the Woman's Counsel moves again for Satisfaction , which Proposal was quash'd by Sentence of the Court , almost as soon as it was propounded , because to refer it to the Provost of Forfar . Th. Why so ? Ar. Can you think him a Man of that Capacity , to decide a Controversy so foreign and intricate , that all the Law in Scotland could not then determine ? Th. Why so , was the Nature of the thing so rare and difficult ? Ar. Was it not , think you , to take all the Proofs , to swear all the Witnesses ; and as near as possible to ultimate the Difference , with this proviso to both Parties Satisfaction ? Th. I confess it was intricate ; but how did he behave himself ? Ar. Very well , I fancy , and the Manner on 't was thus . First , He calls a Hall ; but admits no Man to speak a word save himself ; and as his Gravity directs him , puts a Question to the Woman ; which in short was this . He demands to know of her how the Cow took the Liquor , whether she took it sitting , or if she took it standing ? To which the Brewster-Wife , after a little pause , answered , by making this reply ; In guid fa Sir , quo the Wife , the Cow took it standing . Then , quo the Provost , your e'en words condemn ye , to seek Satisfaction for a standing-Drink . This annihilates the Custom of Doh and Doris . For truly sike another ill Precedent as this , were enough to obliterate so famous a Custom , as stark Love and Kindness for evermare . Where note , guid Wife , ye have wronged Billy Pringle , for prosecuting the guid Man contrary to Law ; and have done mickle Damage to Puggy his Cow , because to chastise her but for a standing-Drink . Th. Is it a Romance , or a real Story ? Ar. Do you doubt the Truth on 't ? Th. Peradventure I do , but it serves us to laugh at . Ar. And will not our Beds serve as well to lie on ? Th. Who doubts it , when summoned by the sweet influence of Sleep ? Ar. Can Men in Dreams whisper Security , when their Eyes are guarded with Troops of Shades , and separated from the glorious Beam of Light ? Th. Death 's a Separation , the Night but a short Privation . It 's true , we grant Sleep an Emblem of Death ▪ but Death the Solution of complicated Elements . Ar. How beautifully glorious do the Constellations appear ? Th. So does Aurora , that ushers in Day , and adapts it for Man and Negotiation . Ar. O the sweets of Contemplation ! have you ruminated to Morrow's Journey ? Th. Do Rusticks calculate an early Seed-time , and not prognostick a forward Harvest , if not unseasonably prevented by malevolent Accidents ? Ar. From whence we may rationally conclude Refreshment after Recreation , as requisite and necessary to propagate Health , as a salubrious Arcanum is to retrieve the Body , when invaded or obstructed by preternatural Indisposition . Th. You paraphrase physically under Metaphorical Tropes . Ar. And you philosophically , to tell us that the Sun no sooner shades his Beams in Thetis Lap , but Aurora suddenly begins to blush , and make visible discoveries of the oblique Lines of Sol impending . Th. So it appears ; for this short Night's Progress , though defeating our Senses , yet has it in some measure sweetly refresh'd us . Ar. Why then do we loiter , and procrastinate Time ? Th. It 's only till we mantle for a March , and discharge for our Entertainment . Ar. That 's but reasonable and requisite , otherwise we deviate from the Morals of Honesty . Th. Must this Day 's Invention be to Morrow's expedition ; so arm with our Artillery to practise at Brechen ? Ar. No , by no means ; though Brechen be a Town of very good Accommodation ; yet we must melt these Hills into Valleys . Th. Here 's another Town presents , what must we call it ? Ar. This is Fetter-Carn ; but that before us is Carlisle-Mount , elevated in the Air , where the People , to my Fancy , dwell in the Clouds , and inhabit , as it were , another Region , representing Terra Nova . Th. Yet methinks here 's sweet Streams glide up and down this Mountanous Country . Ar. And don't you think the Trouts in these Streams naturally high-minded , to climbe such lofty Hills for Preferment . But what think you of these barren Fields , burdened with Sterrility , where the Inhabitants , to my apprehension , feed upon Famine , or a morsel of Moss . It represents to me the Suburbs of Poverty , if when to consider their scarcity of Accommodation . Th. Come then let us break the Heart of these Hills , and bless our Eyes with a Landskip of the Lowlands , that serve as a Sanctuary to shelter us against Storms , and Protection against impetuous Rains. But what Eutopia's this that dwells below us ? Ar. It 's neither Sir Thomas Moor's , nor Bacon's Atlantas ; here we have already made a fair Discovery , but when you come to trace the Firtility of Dean , whose flourishing Streams enrich the Shores , then you will tell me of the Angler's Entertainment . Th. What Place is that , that directs Northward to the Pole ? Ar. That 's Kinkarn Oneal ; beyond which , the Foundations of Pitriffny and Bovena scout , as you may see , beneath the Skirts of the Highlands ; obvious to any Man that tramples her Moors , that direct to the Source and Beginnings of Trespey whose boistrous Streams glide along through Murryland ; a pleasant and plentiful part of a Country , that 's beautified and adorned with spacious Buildings , rivited into Rocks , and cemented with Stone . Th. Must we pass through Murryland , or take it in our way when returning from Ross ? Ar. We shall only pass by it now , to describe the Country of Reven in Badanoah , that 's totally beleaguer'd and besieged with Bogs , whose ruinous Decays are unworthy our Discourse ; nor are her Fields so fertil as those in Feneven , yet are her Valleys surrounded with Rivulets , and every Rivulet replenished with Trout ; beautified and adorned with stately Fir Woods , that shade the Earth from the scorching Sun ; and shelters Man and Horse in impetuous Rains and Storms : where Nature , but not the Native , is generous and prodigal in all her Entertainments . Th. What new inviting Object have we now discovered ? Ar. The famous Lough-Ness , so much discours'd for the supposed floating Island ; for here it is , if any where in Scotland . Nor is it any other than a natural Plantation of Segs and Bull-rushes , matted and knit so close together by natural Industry , and navigated by Winds that blow every way , floats from one part of the Lough to another , upon the Surface of the solid Deeps of this small Mediterrane : and here it is , in these slippery Streams , that an English Ship , by curious Invention , was haled over the Mountains to this solitary Lough ; brought hither on purpose reclaim the Highlander . Th. Do you Romance , or not , to tell me that an Island swims in the midst of the Ocean , and a Ship fluctuates in the midst of the Highlands ; where every Rock represents a Charibdis , and every Wave threatens an Inundation ; where there 's no harbour without hazard of Life , nor Sea enough to promise security to the Mariner , when the Winds mingle themselves with the Waves , that wash the pallid Cheeks of the polish'd Rocks ? Now tell me that can , where the Mariner must have birth ( and the Passinger supplies ) in this fluctuating Ocean , when a Storm arises to ecclipse his Eye from a Land discovery ? Ar. If Eye-sight be good Evidence , there 's enough to convince you ; behold the Ship. Th. How came she here ? was she not built in some Creek hereabouts ? Ar. No. Th. By what means then was she moved into this small Mediterrane ? I solicite Advice , and you can solve the Doubt . Ar. Art was both Engin and Engineer to invite this Ship into this solitary Lough . Th. If so , it 's strange that a Vessel of her Force should leap out of the Ocean , and over the Hills , to float in a Gutter surrounded with Rocks . Ar. Not so strange as true , for here she is . Th. Was there a possibility of her sailing from the Citadel , to this eminent Lough Ness , when a Boat of ten Tun can't force her Passage half way up the River ? This looks Romantick beyond the ingenuity of Art , or possibility of Invention . Ar. Let it look as it will look , I am sure it was so . Th. You are sure it was so , then pray resolve the Point . Ar. Why thus it was ; In the Time of War betwixt the King and Parliament , this Navigate Invention was consulted by Maj. General Dean ; who to compleat a Conquest over the Highlanders , ( in regard hitherto the Law of a Foreign Power had never bridled them ) he accomplished this new Navigation of sailing by Land : who contrived the transportation of this fair Ship ( that you now see ) into these torpid and slippery Streams . Th. What , without Sails ? Ar. Yes , without Sail , Pilot , Card or Compass ; by dividing only the ambient Air , as formerly she plowed the pondrous Ocean . Nor was she compell'd to encounter Sea or Land in all her Passage ; which by some may be thought a ridiculous Report . On the other hand , for a Ship of this Burden to transport her self , or suffer her self to be transported without ordinary , nay extraordinary Means , looks like an Impossibility ; however here you find her , nor is it to be denied that she had a Passage to this solitary Lough . Th. But how ? Ar. First , you must conclude no Vessel , without a Miracle , could remove her self so far from Sea ; and I 'le assure you in this here 's nothing miraculous . Then you are to consider that so eminent a Ship could never shove her self to reach this Limit , as extends from the Orchean Seas to this obscure Lough Ness , without probable Endeavours , and very considerable Assistance . Lastly , to admit of a violent motion , were a kind of madness ; because to impose a Contradiction upon the Design . Th. Pray explicate the Aenigma . Ar. A Motion must be had ( that you 'l grant ) and Means considerable to move by , ( this you must allow ) which to accomplish , the Sailers and the Souldiers equally contributed . For a Regiment ( or it may be two ) about that time quartered in Inverness ; who by Artifice had fastned thick Cables to her Fore-Castle , and then they got Levers and Rollers of Timber , which they spread at a distance , one before another ; whilst some are of Opinion these robust Engineers framed a more artificial and politick Contrivance : but thus it was , and no otherwise , I 'le assure you ; save only they fastned some Cheeks and Planks to the solid Sides and Ribs of the Ship , the better to secure her from crushing upon Transportation . Th. And did she pass in this manner as you tell me , to this famous Ness ? Ar. Yes , she relinquished the brinish Ocean , to float in the slippery Arms of Ness. But to keep her steddy in her Passage , and preserve her from rocking and rolling by the way ; they consulted no other Project than what I tell you : save only some additional Supplies from Inverness , that with Ropes and Takcle haled her along to this very place where you now observe her . For you are to consider , she no sooner got Motion , but by Industry and Art she was steer'd without a Compass , to this remarkable Ness ; where now she floats obvious enough to every curious Observer . For let me tell you , that Strength , Artifice and Resolution , are indisputable Arguments to reach the Possibility of any thing possible ; a threefold Cord is not easily broken . Motion therefore was no sooner begot , but the whole Mystery was almost accomplished ; the Plover you observe never breaks the Shell , before the Lapwing is ready to run ; nor will the Sailer spread the Sails , until he observe a Wind presents . Nor got our Ship the Mediums of Motion , but by Argument of Force ( not of Artillery ) which forced her by graduate Means , till arriving in this Ness , obvious to all Men. And this is that famous and renowned Lough Ness ( Loemon excepted ) inferiour to none in the Kingdom of Scotland ; whose Streams are strewed with Eel and Trout , whilst her Deeps are saluted with the race of Salmon ; whose fertil Banks & shining Sands are hourly moistned by this small Mediterrane : which I fancy is besieged with Rocks and Mountains ; whilst her polite Shores are forzen in the Winter , by the frigid Lungs of blustring Boreas , that perplexes her Banks , and masquerades her Rocks with a Cristalline Hue of polished Ice . Where the Tritons & Sea-Nymphs sport themselves on the slippery Waves , sounding an Invasion to her moveable Inmate ; supposed by some , the floating Island . Th. Do these fair Mountains that interdict the Dales , survey the forcible Streams of Inverness ? Ar. Yes surely , these Torrents , which you now discover , frequently wash the Walls of Inversness ( a derivative from Lough Ness ) at the West end whereof stands a diminutive Castle , about a Mile distant from that magnificent Citadel , that subjects those precarious Northern Highlanders . This Inverness , or Model of Antiquity ( which we now discourse ) stands commodiously situated for a Highland Trade ; defended with a weather-beaten tottering Wall , that 's defaced with Age and the Corruptions of Time , where yet there remains two Parish-Churches : But I remember a third that was a kind of a Cathedral or Collegiat-Church , that now like old Troy sleeps in Dust and Ashes , as part of the Walls do , charging Time and Neglect with their tottering Decays . North and by East , near the forcible Streams of the Ness , stands the Fortress , or Pentagon , drawn out by regular Lines , built all with Stone , and girt about with a Graff , that commodes it with a convenient Harbour . The Houses in this fair Fortress are built very low , but uniform ; and the Streets broad and spacious , with Avenues and Intervales for drilling of Foot , or drawing up Horse . I must confess , such and so many are the Advantages and Conveniencies that belong to this Citadel , it would be thought fabulous , if but to numerate them : for that end I refer my self to those that have inspected her Magazines , Providores , Harbours , Vaults , Graffs , Bridges , Sally-Ports , Cellars , Bastions , Horn-works , Redoubts , Counterscarps , &c. Ocular Evidence is the best Judg , and gives the plainest demonstration ; which , without dispute , will interpret this formidable Fortress a Strength Impregnable ; and the Situation , as much as any , promises Security , by reason it 's surrounded with boggy Morasses ; standing in Swamps , on an Isthmus of Land , that divides the Ness from the Orchean Seas . Yet here is one thing more among our Northern Novelties very remarkable ; for here you shall meet with a wooden Bridg to convoy you over the rapid Ness ; but certainly the weakest , in my Opinion , that ever stradled over so strong a Stream . However , it serves to accommodate the Native , to those pleasant and fragrant Meadows , North and North-West , that direct to the demolishments of the Castle of Lovet , near to which stand the Antiquities of Brawn , planted upon the brow of a considerable Bank , that hangs , one would think , o're a spacious River , above all in Scotland , replenished with Salmon : whose numbers are numberless , if not improper to say so ; and careless of their Lives , they cast them away . I must confess , the strength of such strange Reports , oftentimes meets with a foreign Faith , that raises more Scruples than Arguments can answer . And so it hapned to me at first , till convinced by some Persons of considerable Reputation , that when the Fisher-men with their Sanes have drawn these Streams , they have counted many times five hundred at a Draught ; the Truth of which Relation , should any Man doubt of , they are ready to assert and vindicate the Truth on 't by pregnant Demonstration . However it shaked my Credulity at first , though possibly it may remove the Jealousy of another , if when provided with Patience he can suspend his suspicion till better inform'd , or confirm himself of the plenty of Salmon in these remote Northern Parts . For I grant , others with my self of a like Perswasion may question this Report , till convinc'd by the Truth of Ocular Demonstration ; that these Northern Rivers are the Riches of the Country . Here the Salmon relinquish the Salts , because by the Porposses pursued up the Freshes ; just so the Shad is chased by the Sturgeon , and so are the smaller Fry by the revenous Pike : Nature directs Self-security , and nothing stands in competition with Life . Where note , the Salmon are compell'd to desert the Deeps , and seek sanctuary from the sandy Sholes ; as I my self and others have often observed the Porposses pursue them in the frothy foming Waves of the Ness , for it may be some two or three Miles together ; till their Strength imparing , which oft-times compels them to court the Shores , though with hazard of Life . And sometimes they meet with a Precipice of Rocks ( as these at Brawn ) which with an impossibility they perpetually attempt , though to no purpose as to Self-security . This Oracle explicated , who so incredulous to doubt or dispute the Truth of my Relation ? for no Man certainly was more averse than my self , to affix a Credit upon a single Report : but when opposed by such eminent Evidence , it forced my Obstinacy to yield a Compliance : more especially when approaching those frothy Streams ; no other Argument then need to convince me but Eye-sight . Truly I stood amaz'd to see such Companies of Salmon in these Northern Parts ; which demonstration made such Impressions in my hesitating Breast , that now I 'm convinc'd ; I am ready to publish my Conviction to others , upon manifest Experience . For what can I do less than certify a Truth so often opposed , and doubted by my Self . In this Pontus Cambrosia ( in the famous Ness ) you shall observe three Tides meet every twelve Hours : and when they meet , by reason of their interchangeable Streams mingling together , make such Convulsions and violent Eruptions , as dam up the Shores , and make the Passage exceeding hazardous ; especially for small Boats that cross the Ness , if there do but the least impetuity of Winds hover in the Air. Th. This is very remarkable , for the Porposses to pursue the Salmon ashore . Ar. But so it is : besides , in the midst of Cambrosia is a white Spumation , or a frothy foming sparkling Spry , that resembles Via lactea ; occasioned , as you see , from luxuriant Tides , and aggravating Winds , that violently contract the Surff of the Sea , and so amalgamizes them together , that neither the one nor the other can divide , nor expatiate it self , till inevitably suck'd up into the Bowels of the Ocean . Th. I fancy this Hellespont of Pontus Cambrosia , a representation of the chalky Mount in Barbardoes ; because of its polish'd glittering Whiteness . Ar. I remember as we pass'd this hazardous Charibdis , the Vessel that conveyed us was in danger to overset , by reason the Porposses vented so vehemently at the Stem of our Boat , insomuch that one of them had almost invented his Passage amongst us ; which if he had , there was no way but one ; and that way was unequal to exchange of Elements . But at last we concluded if the Boat should miscarry , to lanch forth into the Deeps , and Hero it over . Th. Some then I fancy would have made brave Ducks and Drakes . Ar. It 's no matter for that , the use of Bladders had been out of Fashion . Now no sooner we arrived at the desired Shore , but with friendly Congratulations we saluted one another ; discoursing our hazardous Passage , and this pleasant Country ( or Isthmus of Land ) besieged with Sea ; because having Portus salutis on the North and by East ; Cambrosia on the South ; and the Western parts all guarded with inaccessible Rocks and Mountains facing the Fields of Stranaver . Th. Here 's another Hellespont ; must we cross this also ? Ar. Yes surely , we must cross this rugged Ferry , especially if intending the Bounds of Innerbrachy , in the cultivated Fields in the Country of Ross ; where the Rocks are undermin'd by the Sea Quellem , that serves for a Filtre to riddle the Ocean , and separate her saline brinish Taste , from those more sweet and luscious Fountains ; where the Inhabitants will flatter you with an absurd Opinion ( an old Tradition received from their Ancestors ) that the Earth in Ross hath an antipathy against Rats , as the Irish Oak has against the Spider : And this Curiosity , if you please to examine , you may , for the Natives do ; but had they asserted there were no Mice in Ross , every Tongue had contradicted them . Now Mice and Rats are Cousin-German , every Body knows that knows any thing , and for the most part keep House together : But what difference has hapned amongst them here , as to make such a Feud in this Country of Ross , that the Rats in Ross should relinquish their Country , and give possession wholly to the Mice ; this is a Mystery that I understand not . Besides this fond Opinion of the Natives hereabouts , some others more remote ( as ignorant as themselves ) transport the Earth of Ross into most parts of Scotland ; perswading themselves , that if they do but sprinkle it in the Fields , Fens , Moors , Mountains , Morish or Boggy Grounds , ( all is one as to that ) for it alters not the Property , nor does it diminish the Quality , nor impair the Virtue , but that still it retains a certain antipathy against that enormous Vermin the Rat , nay , the very scent on 't shall force him to become an Exile . This odd kind of Creed they had when I was resident amongst them ; yet to the best of my Observation , I never saw a Rat ; nor do I remember of any one that was with me ever did : but for Mice , I declare , so great is their plenty ; that were they a Commodity , Scotland might boast on 't . And that they have Owls with Horns , some favour the Report ; yet are they not Horns , but as like Horns as any thing that are not Horns ; nor is it any other than a sort of Feathers , that 's clung'd and twisted so naturally together , that represents the Idiom or Form of a Horn , if when to observe them at a reasonable distance , which seemingly beautifies the Ivy-bush , as Horns adorn the Head of a Buffulo . The next Curiosity to entertain you with , is the Country of Southerland ; which we enter by crossing a small Arm of the Ocean from Tain to Dornoch . So from thence we travel into Cathness , and the Country of Stranavar ; where a rude sort of Inhabitants dwell , ( almost as barbarous as Canibals ) who when they kill a Beast , boil him in his Hide , make a Caldron of his Skin , Browis of his Bowels , Drink of his Blood , and Bread and Meat of his Carcase . Since few or none amongst them hitherto have as yet understood any better Rules or Methods of eating . More North in an Angle of Cathness , lives Iohn a Groat , upon an Isthmus of Land that faceth the pleasant Isles of Orkney ; where the Inhabitants are blest with the plenty of Grass and Grain ; besides Fish , Flesh , and Fowl in abundance . Now that Barnicles ( which are a certain sort of wooden Geese ) breed hereabouts , it 's past dispute ; and that they fall off from the Limbs and Members of the Fir-tree , is questionless ; and those so fortunate to espouse the Ocean ( or any other River , or humitactive Soil ) by virtue of Solar He●t are destinated to live ; but to all others so unfortunate to fall upon dry Land , are denied their Nativity . Th. Can you credit your own Report ; or do you impose these Hyperbole's ironically upon the World , designedly to make Scotland appear a Kingdom of Prodigies ? Ar. No certainly ! and that there is such a Fowl I suppose none doubts it ; but if any do , let him resort to Cambden , Speed , or Gerhard's Herbal , and there he shall find that in Lancashire , thousands were gathered up , adhering to the broken Ribs of a Ship wreck'd upon that Coast ; but these are not like the Barnicle Geese that I speak of : the like Accident hapned in Kent sometime past , and in many other parts of England , &c. So that few Ingenious and Intelligible Travellers doubt a Truth in this Matter ; and the rather , because it sedulously examined , it discovers a want of Faith to doubt what 's confirmed by such credible Authority . But if Eye-sight be Evidence against Contradiction , and the Sense of Feeling argument good enough to refute Fiction , then let me bring these two convincing Arguments to maintain my Assertion ; for I have held a Barnicle in my own Hand , when as yet unfledg'd , and hanging by the Beak , which as I then supposed of the Fir-tree ; for it grew from thence , as an Excrescence grows on the Members of an Animal : and as all things have Periods , and in Time drop off , so does the Barnicle by a natural Progress separate it self from the Member it 's conjoin'd to . But further , to explicate the Method and Manner of this wooden Goose more plainly : The first appearing Parts are her Rump and Legs ; next to them , her callous and unploom'd Body ; and last of all her Beak , by which she hangs immature , and altogether insensible ; because not as yet having any spark of Life hitherto discovered to shine about her . Then , like the Leaves in October that leisurely drop off ( since predestinated to fall ) even so the Barnicle drops off from the Twig of the Tree to which Nature had fastned her , and gave her a Growth , and an inanimate Being . Where note , to so many as providentially fall into Water , Protection is immediately sent them to live ; but to all others as accidentally encounter dry Land , such I presume are doom'd to die without Redemption . And though some of them are commissioned to live , yet how difficult is it to preserve Life when hourly sought after by the luxurious Devourer ? Th. However , let not our discourse of Geese discover us ungrateful to the Inhabitants . For it were Madness more than good Manners , not to acknowledg Civilities from a People that so civilly treated us . Ar. Civility wanting , we are wanting to our selves ; when too much of Self bars the Fruits of Society . Now we tread on the Borders of Southerland , that of right belongs to the Earl of Southerland ; whose eldest Son is born Lord of Stranavar . On the top of that little Hill , stands little Dun Robin ; it 's a Castle , though but a small one ; where the Earl himself inhabits . But that other great House , or rath●r some piece of Decays , they call it Skibbo ; but there is yet another ruinous Castle that stands on the brow of a lofty Hill , and that they call Skelbo . These are all the Castles , and most eminent Fabricks in Southerland , to the best of my Observation . The next thing we meet with is the Lough Broroh , that spouts forth a River into the Bowels of the Ocean . This Lough is deep , but not so large as the Ness , ( elevated in 59 Degrees North Latitude ) but very full of Salmon ; and though the River seems to have rapid Streams , yet the Tides influence them every twelve Hours . I mention this Broroh , for no other purpose , than to reflect on her plenty of Salmon , where they barrel up for France , and other parts annually , ( as reported ) so much Salmon as amounts to three hundred pound Sterling a Year ; and the price of a Salmon ( among themselves ) seldom exceeds one single Denare . Where not the Profits of this contemptible Broroh , are farm'd by the Inhabitants inhabiting hereabouts , but the Propriety belongs to the Earl of Southerland . But Dornoch is all the Corporations in Southerland , of which Iusticium I have but little to say . Th. And where are we now ? Ar. On Terra firma , where should we be ? and this is the Town of Tayn in Ross , that equallizeth Dornoch for beautiful Buildings ; and as exemplary as any Place for Justice , that never use Gibbet nor Halter to hang a Man , but sacks all their Malefactors , so swims them to their Graves . Now the most spacious and eminent Fabricks in Ross , are Tarbot , situate near the Sea ; Mees , bordering upon Lough Loon ; Balnagoon , a strong Fabrick on the brinks of Clowd ; Fowlds , a great House not far from Brawn ; Innerbrachy , a Mannor near Portus Salutis ; Milton , a Castle opposite to Cromerty . These Fabricks are the Strength , and Ornament of Ross. Besides here are Eagles , Signets , Falcons , Swans . Geese , Gossander , Duck and Malard , Teal , Smieth , Widgeon , Seapyes , Sandelevericks , green and gray Plover , Snite , Partridg , Curlue , Moorgame , and Grows ; but I remember no Pheasant in this Bill of Fare . This is that famous Portus Salutis , accommodated with Fowl to that degree , as their numerous Covies darken the Firmament ; and so replenished with Fish , as no part of Scotland can boast of . Oysters the best in the North , are dragg'd forth with Drags from her Owsey Bottoms . And for Crabs , Lobsters , Perewinkles , &c. in regard so plentiful and common , are but of little value . But what have I to do to discourse a Country , where Eggs are sold for twenty four a Penny , and all other Accommodations proportionable ? This I presume is no dear Entertainment ; nor ever expect to have it cheaper when we leave these plentiful Borders of Ross , to traverse the more Southern Parts of Scotland , as our Gnomen directs to the fertil Shores of Cromerty . Th. And why the fertil Shores of Cromerty ? Ar. Because their Shores are uncapable of freezing , for no Snow lies here , though bordering almost on the frigid Zone ; nor does Ice incrustate the Earth near the Shores : for the very Sands are so contempered from a natural innate Quality of Warmth , occasioned it's possible from the Salinity of the Ocean , which suddenly dissolves the Snow that falls , preanticipating the formation of Frost , or any such like Coagulum . And this is the reason her Shores are enrich'd with Fertility , were but the People polish'd with Art and Agriculture ; for were it so , I should then conclude them blest with a delightful Prospect , that flows from the fluctuating Generosity of Portus Salutis . Th. Is this the Castle , and the Coast of Cromerty ? How do the People do to free themselves from the Depredations of the Highlanders . Ar. Well enough ; it 's morally impossible it should be otherwise , except Nature run retrograde : I know no other distinction , than below and above Stairs ; but I should have told you ( since a received Opinion ) that the greatest plenty of Fish and Fowl that belongs to Scotland , falls in or near this Portus Salutis ; where Lobsters are sometimes sold for Bodles a piece ; but for Crabs , Perewinkles , and various other Shell-Fish , as Cockles , and Mussels &c. the Natives are not nice to share such Entertainments amongst Strangers ; meaning such as cruise all along their Coast , till the Season of the Year compels them off . Th. It 's a pleasant part of a Country , I confess , though methinks it stands almost out of the World. Ar. Let it stand as it will stand , it stands well enough , by reason it borders so near the Highlands . Th. Why then it will look further off from Home . For these Highlands to my thinking but represent a part of the Creation left undrest : As some great and magnificent Fabrick is erected , you know abundance of Rubbish is left to remove ; so I fancy those Highlands appear to me , because wanting Ornament , and destitute of Cultivation . Ar. You shall have it on your own Terms , as void of Form as the Natives are indigent of Morals and good Manners . However , from these eminent Rocks we descry the Ocean , and the Ships sometimes as they cruise upon the Coast. But now the Air that was serene , is thickned , I fancy , and struck with impressions of Cold ; for the Wrack of Clouds begin to roll about , variously intermingled with a rapid Motion ; and the lower Region swells and looks big , but the Nights direct to an equal Proportion with the Days : so that observing the Summer in a declining posture , what think you of fixing our Inclinations Southward ? And in our Countermarch , take a breviate of all the Rivers , Rivulets , Cities , Citadels , Castles and Corporations , that lie in our way , till we face their magnificent Metropolis of Edinburgh . Th I approve of the Motion well enough , it comports with my Inclination . Ar. Let us then proceed methodically , and commence with the Castle of Cromerty , where the Laird Vrquart lived in his Life-time ; who had twice twenty Children standing at once before him ; but thirty were Sons , and ten of them Daughters ; and all at the State of Men and Women , yet not one natural Child amongst them ( as I was told ) . Now this venerable Laird of Vrquart lived to the utmost Limit and Period of Life ; whose declining Age invites him to contemplate Mortality , and cruciate himself , by fancying his Cradle his Sepulchre , wherein he was lodg'd Night after Night , and hal'd up by Pullies to the Roof of his House ; approaching as near as the Roof would let him , to the beautiful Battlements and Suburbs of Heaven . Th. Was not this that Vrquart , whose eldest Son writ a Treatise in Honour of his Pedigree ; wherein he describes his Genealogy from Adam ? Ar. It 's the very same , for he traced his Descent from the Garden of Eden . Th. Why then was his Book domm'd to be stuff'd with nothing but fantastical fabulous Fictions ? Ar. Because his Country-men thought it too ambiguous for any Man to trace his Pedigree from Paradise . Th. Was that all ? had they no Antiquaries amongst them ? But hold a little , what Place is this ? Ar. Old Chanery , hung about with Charms , that inchanted a Crampus to come ashore , whose Bulk ( some fancied ) burdned the Sands : but he became a Prey to the English Infantry . Now we trace the flourishing Fields of Murry-land ; and thi● is Old Ern where Marquess Montross engaged his Country-men , and totally routed them . This next Town is Forres , famous for nothing except that infamous Vermin the Rat ; because so numerous in these Northern Parts , that a Cat can scarcely get a living amongst them . Th. Why don't they send and fetch of the Earth from Ross. Ar. That I know not ; but this I know , that they snatch'd the Meat off of our Trenchers , 〈◊〉 churm'd the Stockins and Apparel of the Souldiers ; who projected Lines to hang their Clothes on , upon which these Vermin would dance and totter , as if invited by the dull sound of a Northern-Country Bagpipe , their natural Musick , and most congruous to their Kind . Th. I have been told , that these Vermin politicians storm the Town once or twice a Year , to the terrifying amazement of all the Inhabitants ; and that Cats durst not be seen to scout abroad , lest hazarding their Lives whenever they encounter . Ar. That 's matter of Fact ; who doubts the truth on 't ? Th. That should I , were I not convinc'd to the contrary . But what remarkable Monuments are these like Pyramids in the ambient Air ? Ar. I know not , except some Signals of Victory ; it may be some Field has been fought hereabouts : otherwise I should fancy them unintelligible Mutes , left only on purpose for Strangers to admire them . Th. What Town call ye that , that presents unto us ? Ar. The famous Elgin , situated on a Level , and besieged round about with flourishing Corn-fields ; whose spacious Ports surround a Cathedral , blotted and blurr'd by the Dates of Time. Th. However it appears that some eminent Characters are left yet to evidence the Footsteps of superannuated Curiosity , and inform us the Antiquity of her original Lustre . And that is all ; but not Lustre enough left to vie with the gaity of those famous Imbellishments of Westminster-Chappel : that Oracle strikes all Structures dumb , and is the Nonsuch of Europe , nay , all the World ; Models of it have been transported into Foreign Parts , and equally admired , with Oliver's Medals . Th. Elgin was once a Beauty , nor is it now an artificial Deformity ; yet such is the Unconstancy of Men and Times , that this Fabrick is defaced , and Prelacy thrown down : methinks I could almost lament her Ruins ; these marginal Notes on the Frontispiece of Elgin intitle her Cathedral a Northern Beauty . Ar. But not to parallel that unparallel'd Curiosity , the illustrious Chappel-Royal of King's-Colledg in Cambridg . Th. Yet is there a Beauty in Elgin's Antiquities ; therefore it 's a Vanity beyond Ignorance , and a Presumption beyond Pardon , should any pretend to outvie it in Scotland . Ar. I must confess that imbelish'd Fabricks are more my Admiration that perplexed Controversies . What profit is there in unprofitable Disputations ? That Genius to me seems disingenious and turbulent , that is always angling in tempestuous Streams . Our occasion invites us to Recreation , not Riot . To a Description of the Country ; not to register her Faults , and obliterate her Favours . What have we to do with Secular Affairs ? the Management of Kingdoms and National Concerns is nothing our Business ; nor need our Curiosity inspect the Artificers of the Law that fleece the Country , whilst Presbyter Iohn writes his Funeral-Epitaph with Iure Divino . Th. Our Discourse I perceive , if we be not mindful , will bring us about ; however , the best on 't it , here are no Hedges to turn us . Ar. No , here 's an open Passage to the glittering Streams of Trespey , that generously accommodates the Angler , whilst the Natives frequently consult the Net , for the Treasures of Pearl , studiously concealed in the gravelly Deeps . Why should Nature's Ornaments want Admiration , or the industrious Angler the Fruition of Contemplation ? Th. What fair Fabrick is that which stands before us ? Ar. Bogagieth , the Marquess of Huntly's Palace , all built with Stone , facing the Ocean ; whose fair Front ( set Prejudice aside ) worthily deserves an English Man's Applause for her lofty and majestick Towers and Turrets , that storm the Air ; and seemingly make dints in the very Clouds . At first sight , I must confess , it struck me with admiration , to gaze on so gawdy and regular a Frontispiece ; more especially when to consider it in the Nook of a Nation . Nor do I know any reason , but that every English Man should advance a due proportion of Scotland's Fame , as freely and candidly as of his own native Country ; provided the Kingdom of Scotland deserve it . I have told you that the Name of this House is Bogagieth , alluding , as I fancy , to the Nature of the Place , by reason the Ground appears so Boggy ; whose Battlements on a fair Day display themselves to the Portals of Elgin . But more Southerly yet are the Fortifications of Straboggy , bordering on the Tracts to Aberdeen ; which also belongs to the Marquess Huntly , the chief of the Clan of the Gordons ; as is Earl Seaforth , chief of the Mackenzies . Now this bulky Straboggy has an invincible Tower , so large and stupendous that it burdens the Earth , and is without precedent the largest in Scotland ; situated on a Flat , begirt with Bogs , amalgamiz'd with loomish marly Clay , and cemented into Rocks , makes prospect by a short interview to the Skirts of the Highlands , whilst the elevated Tarrasses of beautiful Bogagieth overlook the Ocean , and is as eminently discours'd for a stately Palace , as Elgin is admired for a sumptuous Cathedral . Th. Are these those Savanna's so enrich'd with Rivulets , and every Rivulet stock'd with Trout ? Do these purling Streams proclaim a Plenty , and does not every Shore shine with silver Sands , whilst the craggy Cliffs stand burden'd with Trees ? Ar. It answers your Description ; as the Tower of Straboggy seems impregnable , yet Marquess Argile once earth'd so deep in 't , that all the Clan of the Gordons could not undermine him , notwithstanding their Popularity , and Residence about it . Th. What caused the Difference , could not the Law reconcile them ? Ar. No nor the Gospel neither ; if when to consider their Difference in Opinion , for the Gordons you must know are profest Roman-Catholicks ; and Scotland , nay all the World knows that the Campbels are Presbyterians . Now the first won't live without a Universal Bishop , and the last can't live without a Parochial Priest ; what think you now , are they like to agree ? Th. No , I think not , if they hold to the Point . Ar. Let the Point be what it will , these are the stately Turrets of Straboggy , where I fancy the Bogs would baffle our Horses , did not a Countermarch towards our native Country sweeten the Toil. So our delicious Fragrancies , were they stuck in these Northern Fields , would certainly perfume them . Th. You have eminent Thoughts of Home ; but how will it happen to us here , coming so unexpectly upon our Landlord ? Ar. Trouble not your self with that Affair , for he is never unprovided of good Entertainment . Th. Nor I of an Appetite , for my Stomach stands Sentinel . Ar. So does mine , to encounter good Commons . Th. How vainly do we flatter our selves , that in these solitary Fields , immur'd with Mountains and besieg'd with Bogs , where Heath and Haddir are the height of our Horses , there to expect Moor-fowl and Manchet inseparable Companions ? No no , let a Dish of Sewins serve us for Supper , rather than dream of a delicious Regalia ; and instead of an Olio , a broil'd Haddock ; or it may be a Scots Collop , if we can get it . But I 'le welcome any thing that comes seasonably to thaw the Icicles that flatten the edg of my Appetite ; so that now if only to find the People courteous , tho not over-curious , and their Pantries provided with Meat , tho themselves be destitute of Manners , it matters not . We are capable enough to distinguish Academies from Ale-houses , and Change-Houses from a Royal Exchange . What matters it then for Cooks , where every Man may dress his own Commons ? and let the Provision of this day's Exercise ( if Trout and Plover be Food fit for Travellers ) be my care ; and I 'le supervise the Roast , whilst you rest your self , and send you Summons upon the first savory Scent . Ar. You have very well contriv'd to salute our Mouths with a Modicum , lest our Appetites alienate ; for if fasting too long brings equal Danger with a Riot of Feasting , a Surfeit of either may impare the Mediocrity of Health : for as the one ushers in Fevers that terminate in Flames , so the other , in regard of its moist Frigidity , melts all the Members into a Deluge , by extinguishing the irradiating vital Heat ; which insensibly draws on a deprav'd Ferment , preternatural to the Archeus or Rector of the Ventricle . Thus we range the World , by rifling Scotland , to refresh our selves ; and blot out those limpid Streams of Trespey , that glide so smoothly near to the famous Foundations of Bogagieth ; which beyond dispute discovers the Glory of Scotland epitomiz'd in this short Day 's Expedition . Th. Now should the flaming Steeds of the Sun touch the Cusp of the Horizon before we rise , would not all Mankind conclude us affected with Ease and Idleness ? and if so , then mark the Conclusion , the Sluggard he is ravished with Ease and long Nights ; and the Epicure in Raptures at a luxurious Table . Now see what follows ; but as Disease is the Child of Intemperance , and Idleness the Parent of Penury and Want ; Disease therefore is the Reward of Repletion , and Death the final Captivator of Mortals . Ar. This Discourse I perceive has brought something to bear ; for now I see the World's great Luminary gild the Rocks , and polish the Surface of the smoother Streams . The Heavens shine their Blessings most propitiously upon us ; but the Earth beyond dispute will prove rugged and knotty , ( since reflecting on my self ) that from Straboggy to Aberdeen , there 's not a more irregular Path in Scotland . Th. We must take it as it falls , and be thankful for it ; however we are in our way for England . Ar. There 's the Magnet that attracts the Chalybs , the Root of the Matter I perceive lies there ; England is the End , and Scotland the Mean. However we must pass by the flourishing Streams of Dee , so much discours'd by every Angler , where the generosity of every Ford furnishes him with Trout ; as do her solid and more torpid Deeps accommodate him with Salmon , had we leisure to experience them ; but Time , like us and our Occasion , rides Post. Th. If Opportunity and Importunity strike Difficulties dead , then why do we ramble these rolling Streams , and produce nothing ? Th. Yes but we do , if only to tell the World that the Marquess Montross , a Peer of the Kingdom , and a General of incomparable Conduct and Courage in these solitary Fields ( though with but a small Brigade of Souldiers ) fought with his Country-men , and totally routed them . And to make the Miracle yet more miraculous , this famous Martialist obtained another signal Victory ; though when under those ill Circumstances , as not to reinforce himself ; yet with that Bravery he redoubled his Resolution , and fought them under the very Walls of this flourishing Aberdeen , from whence he brought off the Trophies . And this is that famous Aberdeen , whose Western Suburbs are guarded by the Hills ; as are those Levels more Easternly saluted by the Ocean . Th. Is this that Aberdeen so generally discours'd by the Scots for Civility ? Ar. Yes , and Humanity too ; for it 's the Paragon of Scotland . Th. Why do not you call it by the Name of a City ? Ar. It matters not much for that , since the general Vogue of a Town serves as well : however it 's a Corporation , and that 's enough ; and I 'm convinc'd it stands in a cultivated Country , that never knew the Force of Sterrility ; whose Banks are bathed with the glittering Streams of Dee , and her Walls shaded with fertil Corn Fields , promulgates Plenty ; for Heaven , by the Law of Generosity , certainly has bless'd her : for here the Sun so moderates the Cold in Winter , that it seldom or rarely freezes her Sands ; whose Increase is multiplied from the generous Breasts of the Ocean . And from whence both Mariner and Merchant accumulate Treasure , because to drag it forth from the solid Deeps of the Sea ; when at other times they import their Goods into the Highlands , as they export Commodities into remote Countries . Th. But the Harbour , I fancy , that 's somewhat too strait ; and the Entrance , as I conceive , much too narrow ; however it 's examined secure enough . Ar. Peradventure it is ; yet these Rocks at the entrance terrify the Pilot , as her Harbour , when entred , exhilarates the Passenger . Now the Buildings of this City are framed with Stone and Timber ; facing the Sun , and fronting this pleasant Harbour : the Streets also are large and spacious , and the Walls strengthned with Towers and Buttresses of Stone . So that nothing , in my Opinion , remains defective to compleat them happy ; for if not to waste by an Overpluss , they can never pine away by a Want. Th. I fancy this Place situate in a pleasant part of a Country ; and so was that Relique of Antiquity we but newly past by , when approaching the Suburbs of this flourishing City . Ar. You do well to remind me , for I had almost forgot it ; that was old Aberdeen : things that grow ancient , grow out of Fashion ; however , it 's the Mother City of New Aberdeen , and a University to boot , wherein stands an old weather-beaten Cathedral , that looks like the Times , somewhat irregular : but of that I have little to say , since others before me thought requisite to erect such publick Places for private Devotion , when this present Generation conform themselves , by contracting their Congregations to lesser now . Th. Is this old Aberdeen an old University ? why then a Sophister may pick up as much Ethicks and Politicks as will serve him to stuff out a pair of Lawn Sleeves . Cathedrals in some Countries influence the Inhabitants , as Planets you know have government over the Vital Parts . Ar. You must have a slash at the Gown I perceive ; but what think you of the Church in new Aberdeen , ( that 's no Cathedral ) where the Magistrates sit under the Soveraignty of the Mace , and every Merchant in his peculiar Pew ; where every Society of Mechanicks have their particular Seats , distinguished by Escutcheons , sutable to their Profession ; so that Confusion seldom or rarely happens amongst them , in quarrelling for Places : where Strangers are unsuspected for Informers and Intruders , and the Civility of the People such , that no Man is left destitute of a Seat to sit on , but every one entertained answerable to his Quality ? Th. This is something like ; for it far exceeds the Custom of England , where a Man may stand in some Churches till his Feet are surbeat , yet no Body proffer him a Remove , or a Stool to sit on . Ar. But this is not all neither ; for here you shall have such Method in their Musick , and such Order and Decorum of Song-devotion in the Church , as you will admire to hear , though not regulated by a Cantor or Quirister , but only by an insipid Parochial Clerk that never attempts further in the Mathematicks of Musick , than to compleat the Parishioners to sing a Psalm in Tune . Th. You have concisely characterized Aberdeen , with her Inhabitants ; but what have we here ? Cawses uncartable , and Pavements unpracticable , pointed with rocky stumpy Stones , and dawb'd all over with dingy Dirt , that makes it unpassible ; and the Fields , as I conceive , are ten times worse , because o'respread with miry Clay , and incumbred with Bogs that will bury a Horse . Ar. For better for worse , we must through it , if intending to climb the Southern Elevations . Now at the foot of this Pavement there 's a small little Harbour , which they call Steenhive , but I take the liberty to call it stinking Hive , because it 's so unsavory ; which serves only for Pirates and Pickeroons ; but it bravely accommodates the Highlander for Depredations . Th. What Fabrick is this that peeps out of the Ocean ? Ar. Donnotter-Castle surrounded with Sea , and Waves for recreation dance about it : it 's a House so inoculated and cemented into Rocks , that a Man would fancy it to swim in the Ocean ; and the natural Strength so impregnable , supposeth the Artificial but inconsiderable , whose rocky Foundations , like Atlas's Pillars , support the bulk of this gaudy Fortress . For Art and Artist are but Nature's Substitutes ; where-ever therefore Nature ceaseth to operate , then is the time for the Artist to begin his Progress . But Nature has finished what she had to do , and has left nothing for the Artist to practise , save only to adorn the natural Excellency . After this manner is that artificial Imbellishment , for the Rock it self is the natural Strength , then the Castle can be but the Artificial . From when we conclude , that Nature and Art have form'd such a Fabrick for Strength and Beauty , that amuzes and amazes every Beholder . Th. I behold and consider this invincible Castle , lifted up like a Cloud into the ambient Air. I have also considered the gaity of her Galleries , and those Ornaments that adorn her gaudy Frontiers . I have also considered those opposite Mountains , whose formidable Aspect are no pleasing Prospect to those imbellish'd Battlements , that seemingly float in the Arms of the Ocean . Ar. You have hit the Key , and now let me tune up the Instrument ; those Mountains mar all : yet in this fair Fortress they conceal the Regalia's of Scotland , from such sacrilegious Hands that would steal Diadems to adorn their Ambitions ; so rob their Prince to inrich themselves : for here it is in this solitary Rock besieged with Sea , that Scotland has conceal'd both Ornament and Treasure ; and what greater Ornament to a Prince than a Crown ? Th. That I can believe as an Article of my Creed , yet all is not Gold that glisters ; for should all Reports pass muster for Realities , Truth it self might be brought into the Scandal of Suspicion . That the Crown has been lodg'd in Donnotter , I dispute not , yet Dumbarton I should think in all respects as secure , and Edinburgh-Castle as secure as either , to conceal that Treasure from degenerate Mercenaries , that would violate their Trust though they venture to hang for it . Ar. You are in the right on 't , but the Road I fancy runs not so rough as it did ; nor are my Apprehensions of England so remote as they were : both the Way and the Weather favour our Designs in this Southern Expedition : for England's our Prospect , now propound you the Object : and as we ride along to the Town of Montrose , signify your Opinion of the flourishing Aberdeen . Th. You impose a little too hard upon me , I can scarcely express my Opinion of a Place , but I must be sentenced too much to commend it . On the other Hand , should I lessen or impair their Civilities , then you challenge me to reflect on our civil Entertainments . This Dilemma I am driven to . However you cannot deny , but acknowledg , that Aberdeen is sweetly situated , and under the Government of well-regulated Magistrates : No complaint of Poverty , nor luxurious Supersluities ; where the Houses are fill'd with Hospitality , not with Prophaneness ; their Streets and Allies cleanly swept and paved , and their Church and State-house very curiously kept , after the best Methods of the Scotish Mode . But how Montrose will represent unto us , that I suspend to determine till farther examination . Ar. Trouble not your self with that Affair , for Montrose will murder all your Suspicions . Her generous Entertainments in every Angle , like radiated Beams of the Sun that invigorate the Earth , so naturally do the Inhabitants influence their Civilities amongst Strangers ; which remonstrates Montrose a Beauty that lies conceal'd , as it were in the bosom of Scotland ; most delicately drest up , and adorn'd with excellent Buildings , whose Foundations are laid with polish'd Stone , and her Ports all wash'd with the Silver Streams that trickle down from the Famous Ask. This is Montrose in the County of Angus , antiently known by the Name of Caelurcha . Tell me how you like it , whose Gaity and Gallantry springs from the Nobility and Gentry ; but the Wealth of the City , from her Merchants and Manufacture : and though you see not her Harbours deck'd with delicate Shipping , yet she contents her self with a pleasant River , that commodes the Inhabitant with the Blessings of Plenty , and that 's enough . So to sum up all in a Compendious Narrative , we intitle Montrose , the Mount of Roses . Th. What Encomium more elegant , or what Character more eminent for these sweet Situations , than the Rosy Mount of our Northern Latitude ? Nay , what expressions could be added more compendiously significant to characterize the Beautiful Elevations and Imbellishments of Montrose I know not : then let this short Derivation answer all Objections ; whilst we enter her Ports , and use Arguments of Refreshment to our hostile Appetites , in regard so famous a River as the famous Ask salutes her Banks and flourishing Shores with daily supplies , to relieve her Inhabitants , and accomodate Strangers . Ar. Now our next Advance is to the Town of Dundee : but give me leave to call it Deplorable Dundee , and not to be exprest without a Deluge of Tears ; because storm'd and spoil'd by the rash precipitancy of Mercenaries , whose rapinous Hands put a fatal Period to her stately Imbellishments , with the loss of many innocent lives , altogether unconcern'd in that unnatural Controversy . Ah poor Dundee ! torn-up by the Roots ; and thy Natives and Inhabitants pick'd out at the Port-holes . Can Honour shine in such Bloody Sacrifices , to lick up the lives of Inhabitants , as if by a studied revenge ? Can nothing sweeten the Conquerours Sword , but the reeking Blood of Orphans and Innocents ? Blush O Heavens , what an Age is this ! There was Wealth enough to answer their Ambitions , and probably that as soon as any thing betrayed her . Could nothing satisfy the unsatiable Sword , but the Life of Dundee to atone as a Sacrifice ? English Men without Mercy , are like Christians without Christianity ; no Moderation nor Pity left , but parcelling out the lives of poor Penitents in cold Blood ? Who must answer for this at the Bar of Heaven , before the Judg of all the World ? but he that doom'd Dundee to die , is dead himself , and doom'd e're this ; and Dundee yet living to survive his Cruelty . Th. Is this Dundee ! Disconsolate Dundee , where the merciless Conquerour stuck down his Standard in Streams of Blood ? Ar. Yes , this is that Unfortunate and Deplorable Dundee , whose Laurels were stript from the Brow of her Senators , to adorn the Conquering Tyrant's Head. Here it was that every Arbour flourished with a Fruitful Vine ; and here every Border was beautified with fragrant Flowers . Yet her Situation seems to me none of the best , for if bordering too near the brinks of the Ocean proves Insalubrious , or stooping too low to salute the Earth , incommodes Health by unwholsom Vapours ; then to stand elevated a pitch too high , suffocates with Fumes , that equally offend and infect the Air , by blotting out Sanity with the Soveraignty of Life . Th. This somewhat answers my former Opinion , that neither Honour nor Riches , nor the Ambitions of Men , stand in competition with the Mediocrity of Health ; nor is there any Blessing under the Sun adequate to the Soveraign Sanctions of Sanity on this side Eternity , but the Radies of Sanctification from the Sun of Righteousness . The World 's a Fool , and none but Fools admire it : Yet not that I prophane the Beautiful Creation ; when only censuring that fictitious and imaginary World in Man. Go on with Dundee , I overflow with Pity ; and could wish my Reluctancy Penitency enough to weep her into a Religious Repentance , but not with Rachel never to be comforted . Hark Arnoldus ! Don't you hear the Bells ? Ar. Yes I hear them , and what of that ? Bells and Bonfires are two Catholick Drumsticks , with which the Church beats up for Volunteers only to debauch them . For what end were Bells hung up , if not to Jangle ; and Bonfires kindled , if not to Blaze like an Ignis fatuus ? Thus People uncultivated are like Land untill'd , and Arts unimprov'd print the footsteps of Penury . But Arts are improv'd by industrious Ingenuity ; when through want of Ingenious Industry they slide into a Non-entity . As no Man can be truly Religious without good Morals , so no Man without good Morals can be in any measure Religious . Not that I assert Religion is Morality ; but Morality is the Porch that lets into the Temple . Th. You paraphrase upon Bells ; I wonder how you miss'd Bag-pipes , since the one has as much the root of the matter in 't as the other . By these mystical Metaphors , if I hit the Mark , you present England an Emblem of Canaan , and Scotland but a piece of English Imitation . Ar. You don't hit the Key right , but I perceive England lies close siege in your Bosom ; however there ought to be some charity for Scotland , that so generously entertained you withall sorts of Varieties . Th. Scotland'tis true has variety enough , to confuse and confound all the Cooks in England . Ar. All this I 'll grant . Th. Then you must grant their Butter but little better then Grease we usually grease Cart-wheels withal ; which nauseates my Palat if but to think on 't , or remember the Hand that made it up . I know there are Men that have Maws like Muck-hills , that can feed as freely upon tainted Flesh , as you and I upon Pheasant and Partridge . Ar. What then ? Th. Why then you argue as if you had lost your English Appetitie , and I would not for all the Varieties in Scotland , that the resentments of England should expire in my Palat. Ar. Does Hunger make any distinction in Dainties ? if not , then why should Scotish Kale blot out the Character of English Colliflowers ? Th. I shan't dispute the point , but the very thoughts of England sweetens my apprehensions , that possibly e're long I may taste of a Southern Sallad : However , this I 'll say in the Honour of Scotland , that Cold and Hunger are inseparable Companions , but their Linens are fresh ; and were not their Beds so short , they would serve well enough for weary Travellers . Ar. Then I fancy they will serve well enough for us , whilst we trace the fragrant Levels of Fife . For now we relinquish the beautiful Ports of Dundee , to transport in Boats that are steer'd with a Compass of Straw , by reason of the embodied Mists , to which Dundee is as incident as any part , because standing in a bottom that 's besieged with mucky miry Earth ; from whence there insurrect such pernicious Vapours , as nauseate the Air ; whereby it becomes almost infectious . Th. Why so ? Ar. Because it debilitates both the Native and Inhabitant , and would certainly incapacitate them of Health and long Life , did not Custom and a Country-Habit plead a prescription , both as to Physick and Diet : Insomuch , that neither Gass nor Blass , nor any nauseating suffocating Fumes , nor hardly Death it self can snatch them from Scotland ; where some Natives have lived to a prodigious Age. Th. But to the Country of Fife , I fear you 'l forget it . Ar. No , no , doubt it not , nor would I have you startle the Mariner , who because destitute of a Card to pilot us over by , is compell'd to make use of a Compass of Straw . Th. A very ingenious Invention ; pray tell us the manner on 't . Ar. Don't push too hard upon me ; and I 'll tell you this new way of Navigation . When Cloudy Mists arise that darken the face of the Firmament , and threaten danger without any Disturbance , you shall then see the Seamen stuff the Stern with Straw , as now they do with little Trusses , which they successively expose one at a time ; and so supply it time after time from the Stern of the Vessel , till at length they arrive at the desired Shoar , as now we do : And thus have I past and repast from Dundee . Nor is there any difficulty nor danger to any Man more than hazarding his Carcase in Timber . Now welcome ashore to the Fields in Fife ; where we must exchange our Navigable Horses for Hackneys . Th. What must we call the name of this Town ? Ar. Cooper in Fife : it 's a Corporation . Th. And what other Town is that yet more Eastward , that seems to lean on the Skirts of the Ocean ? Ar. That 's Antient Saint Andrews , their Metropolitan University . Upon the same Coast lie Creel and Petenweems . More Southerly yet lie cockly Carcawdy facing the Ocean , and the Frontiers of Leith : we shall only take a view of the Palace of Faulkland , though her fair Imbellishments outlustre Dumfermling . Th. What 's our next Stage ? Ar. Brunt-Island : But I must remind you of the Magnificent Palace of Scoon , forgot as we past by the Ports of Saint Iohnstons , near whose elevated Turrets there stands a Kirk , that stands upon all the Land in Scotland ; which Kirk is immur'd with a fair stone Wall ; and in that Kirk they Crown their Kings , and perform the Formalities of all other Royal Duties ; which Regalia are the Sword , Spurs , Purse , Crown , Globe , Scepter and Bible . Now he 's a Dunce that knows not this duty , because it's incumbent on all the Kingdom of Scotland . Th. But how stands the Kirk upon all the Kingdom ? Ar. There 's not a Royalty in the Kingdom of Scotland , but has sent some part of Earth ( from every Angle ) to this place called Scoon ; which Earth was dispersed by Laborious Industry ; upon which the Foundations of the Kirk were laid . So that now you are to consider this Variety of Mould represents but one Uniform and Compact Body of Earth : Which Earth represent the great Volume of Scotland in a Breviat , or as I may term it , a little Compendium . Thus our Discourse of the Kirk of Scoon has accompanied us to a view of pleasant Carcawdy , a little pretty Maritime Town ( built all with Stone ) that stands in the face of the Ocean , and the Frontiers of Fife . But the time and our occasion constrains us to pass by Carcawdy , where the Inhabitants live more upon Fish than Flesh ; from whose slender Ports we must hasten to Brunt-Island , otherwise we endanger losing our Tide , which will much incommode us ; nor can we stay there to examine their Curiosities . Th. What 's this that so naturally represents the Ocean ? And what are those Ships , under Sail ? Or must I fancy them a Landskip of moveable Mountains ? Ar. If you fancy them Ships fluctuating to and fro on those solid Deeps to attempt that Harbour , you are not much mistaken . Th. Is there any Town on those rocky Foundations ? Ar. Yes surely there is ; for we now discover the pleasant Shores of Beautiful Brunt-Island guarded with Rocks , that front the Harbour and the Pier of Leith ; over whose rubified Sands we must plough the Ocean , to those delectable flourishing Ports ; provided the Vessel be tite and unleaky , as questionless this is , design'd for our passage . Th. However I 'll remind you of our hazardous passage from Innerbrachy to the famous Ness , as at another time our personal hazard , when fording over Forres , and the rapid Trespey ; besides other great Rivers and Rivulets in our march , of very swift and violent motion ; which we often discharg'd without the Artifice of Boats : and yet I cannot help that natural Antipathy and Aversion , that I find against Timber Fortifications ; nor can I think them such soveraign Security , but that sometimes they are accompani'd with difficulties and danger . It 's true , I grant that no Man has an infallible Protection for Life ; nor a Pre-knowledg of Sickness , nor sudden Solution . Ar. Well then , if so , transplant those Fears into Foreign Parts ; for we must certainly , and that suddenly , expose our selves to the Mercy of the Sea , by the Providence of God. Nor is the Danger more than Imagination ; for the fear of Death to some Men is more dreadful and terrible than Death it self ; which great Sea we must all sail through , before we cast Anchor in the Port of Eternity . Th. You have sodred the Breach , and salv'd the Wound , that now I itch to be floating on the Ocean . However before we embark for Leith , let us give Nature a Philip in the Arms of Brunt-Island . Ar. All this we may do , and view the Situations too , which stands on a flat and flourishing Level , back'd by Fife , and the Mountains of Mirt , whose Foundations are laid in Rocky Stone , and beautified with the Regularities of Art , where there 's a small but secure Harbour , to rescue the retreats of the terrified Passenger , when pursued with the furious Hostility of Neptune , whose Waves storm the Shores , insinuating themselves into every Creek . But the Beauty of Brunt-Island lies most in her Market-place , which serves for an Exchange , fronting the Harbour , and facing the Ocean ; where all or most of her Merchants Houses stand gazing on the beautiful Pier of Leith . Th. Is this the Vessel design'd for our passage ? I fancy the Waves begin to work , for my Belly I 'm sure begins to wamble . See how the wrack of Clouds thicken the Air , and the unlimited Winds rend the Sky . Who can judg the result of these surly beginnings , or hope a good issue in the Conclusion ? The very body of the Sea divides , and opens like a Sepulchre to swallow up the Rocks , in whose Concealments lie the Terrors of Death . The Deeps to my fancy are broke up ; for my nauseating Stomach ebbs and flows with as strong irritations as the Ebulitions of the Ocean . Ar. Those Tides I confess must run violently swift , that are hurried along by such furious Agitations ; but for two Tides to meet in one Sea together , one would think them enough to make an Inundation . Yet how soon these lofty Winds are supprest by a Calm , and every Mortal preserv'd to a Miracle . So that the results of this impetuous Storm , proves only a Fresh and Flourishing Gale , occasioned by the Conflict of Winds and Water ; which forceth the Sea in some measure to be sick , and compels her to vomit , as now she does those neuseous Ejectments , which for ought I know constrains your stomach to lower and strike Sail ; so keep time it may be with the trepidating Ocean ; whose irritations quickened by the Universal Motion , measure proportion with the rest of the Creation . So that this kind of Physick , if I calculate right , may protract your tampering with Physicians in the fall . Th. Of what I 'm assur'd , there 's no need to doubt ; you talk like a Physician ; but not that I think you a Plagiary , that robs the Dead to adorn the Living : Nor a Medicaster upon whose good Deeds the Sun always shines , but the Earth covers all his bad ones . Ar. You have nick't it now I think ; however there 's the Pier of Leith , and the Beauty of Scotland in a little Epitome ; let us enter her Ports to refresh our selves . Th. Shall our Pinnace drop Anchor here , and the Seamen refresh , whilst we step ashore and accomodate our selves ? Ar. Will you close up the Orifice of your relaxed Stomach with a Glass of brisk Claret ? So mingle some Liquor with your Maritime Labours , and thank generous Neptune to act the part of a Physician , to shave off the foreign Ferment from your crude and indigestive Ventricle . Th. I think it not amiss to recal those Spirits , whose continued absence would enervate my digestions , which now I perceive begin to feel warmth ; and my stagnated unactive Blood grows more Vigorous and Active in Circulation . My Pulse also that beats with an equal motion , and my Body begins to summon Supplies , to gratify and satisfy a craving Appetite . Ar. As these are certain Symptoms of Health , you put a delay to what you solicit . Th. If I do , what then ? There 's a superanuated Custom kept up among the Antients ; that to gratify the Appetitie violates the Creation . This was of old the Brachmans Creed , and is to this day the Banians Alcoran , except of late they have changed their Opinion : for they assert , that Nature would be unnatural to her self in the destruction of any thing wherein she favourably had breathed a Life . Ar. Was this the Primitive Practice of our former Ancestors ? Th. I don't say it was , I discourse the Brachmans that offer this Argument . No Man has a Commission to create Life , no Man therefore by any Law or Custom ought to take Life away ; which if he do , he makes himself an Instrument of unnatural Cruelty , and his Body a Sepulchre to bury dead Carcasses in . Ar. But had they consulted our great Oracle Moses , and considered the great Ends of the great Creator , they would speak I fancy another Dialect , and render unto us a different Interpretation . Th. Why so ? Ar. The Iews you may read had a Sanction among themselves , to celebrate Sacrifices according to the Law : and the Christians have a Sanction among themselves also , to celebrate their Devotions according to the Gospel . But the Banians comply with neither of these Sanctions , because placing a Sanctity in Custom and Opinion , not well considering that the World was made for Man , and not Man for the World ; Meats for the Belly , and not the Belly for Meats . This in some measure might reform their error , and undeceive deluded Posterity , hudled under the false gloss of Custom and Opinion . On the other hand , as every Man has a Natural Right and Creational Privilege , as Lord of the Creation ; so no Man has a Creational Right , nor Natural Priviledge to make his Appetite the Rule for Destruction . Providence allows due supplies to every Man ; but no Man can warrant or justify his Riot . Th. Were this Argument approv'd of , it would , I suspect , overthrow our design of Angling . Ar. Not at all ; for my Opinion is , the Argument it self manifestly strengthens it . The Text calls to Peter , Arise , kill and eat ; and Peter objects against what 's common and unclean : But Peter was answered by a Voice from Heaven , Nothing was unclean that God had cleansed . Sacrifices and Oblations were under the Seal of the Law , but the last Supper and Miracles shined under the Sunshine of the Gospel . Adam stood unlimited , the forbidden Tree only excepted . Nature was unconfined , and the Creation blest with multiplicity of Blessings , till Adam's Transgression . But as Nature operates the Will of the Creator , so the Nations shall bow to the Son of God. Th. So let the Argument drop ; only give us a Description of the Situations of Leith . Ar. Leith stands , as you see , situated on a Level surrounded by Sea on the North-East ; and guarded on the South with Neals Craigs , and Arthur's Seat , that hangs over Edinburgh . But the Fabricks of Leith are built with Stone , hovering over the Pier , and fronting the Ocean , almost drown'd under Water ; and that which is worse , if worse can be , those nauseating Scents suckt greedily from the Sea , bring Arguments of Disease , and sometimes Summons for Death . On the other hand , Scotland cannot present you with a more pleasant Port ; for here the Houses and Structures are large and lofty , and the Pier like a Gnomen directs to the Tolbooth . Here also stands a substantial Cawsey that leads to the Bridg , that brings you to a Citadel that was , but now is not , because hudled in dust , and ruinous heaps ; yet not ruin'd by Age , nor torn with the scars and impressions of War ; but Policy , and not Piety , laid her Surface in the Sand. Th. What Merchandize doth she trade in ? Ar. For the most part she trades in Foreign Commodities ; except some Manufactures of their own ; as Ticking , Bedding , Tartan , Pladding , Scots-Cloth , &c. So that Leith for Trade , with her Merchandize for Treasure , excels most , if not all the Maritime Ports in Scotland . Th. Pray what other Accommodation hath she ? Ar. She has Fish and Flesh in abundance , viz. Oysters , Cockles , Muscles , Crabs , Craw-fish , Lobsters , Soles , Plaice , Turbet , Thornback , Cod , Keeling , Haddock , Mackrel , Herring , &c. Then there 's Salmon , Trout , Pike , Perch , Eel , &c. but their Flesh are Beeves , Veals , Porks , Veneson , Kid , Mutton , Lamb , &c. And their Fowl are Eagles , Signets , Hawks , Geese , Gossander , Duck and Mallard , Teal , Widgeon , Cock , Pidgeon , Heath-game , Moorfowl , Curlue , Partridg , Pheasant , Plover Grey and Green , and many more that I cannot remember . So great is their Plenty and Variety , that did not the popularity in Edinburgh render things more chargeable than other Parts more remote up the Country , a Man might live almost without Expence . And now we relinquish the flourishing Ports of Leith , whose Foundations are daily saluted by the Ocean . O how sweetly the Weather smiles , the Horizon looks clear , the Sky is serene , and the Birds you may see them beat the ambient Air with their tunable Notes . Come Theophilus , let us mount our Horses , and lift up your Eyes to behold those lofty Imbellishments of Edinburgh . Th. They are obvious enough , half an Eye may see them . Ar. Welcome to these elevated Ports , the princely Court of famous Edinburgh . This City stands upon a mighty scopulous Mountain , whose Foundations are cemented with Mortar and Stone ; where the bulk of her lofty Buildings represent it a Rock at a reasonable Distance , fronting the approaching Sun ; whose Elevations are seven or eight Stories high , mounted aloft in the ambient Air. But the Length , as I take it , exceeds not one Mile , and the Breadth on 't measures little more than half a Mile ; nor is there more than one fair Street , to my best remembrance . But then it 's large and long , and very spacious , whose Ports are splendid , so are her well-built Houses and Palaces , corresponding very much to compleat it their Metropolis . Th. What Fabrick is that on the East of Edinburgh ? Ar. Hallirood House , the Regal Court of Scotland . Th. But there 's yet another great Fabrick , that presents Westward . Ar. That 's Edinburgh-Castle , elevated in the Air , on an impregnable Precipice of rocky Earth , perpendicular in some Parts , rampir'd and barrocadoed with thick Walls of Stone , and Graffs proportionable , to contribute an additional Strength . So that you are to consisider this inaccessible Castle shines from a natural as well as an artificial Product ; because part of it you see contiguous with the Rock ; but the other part , because affixed by cemented Stone , which inoculates and incorporates them so firmly together , that the whole mass of Building is of such incredible Strength , that it 's almost fabulous for any Man to report it , or sum up the impregnable Lustre and Beauty of this fair Fortress , that defies all Attempts , except Famine , Disease , or Treachery be conduct ; so that Culverins and Cannons signify but little , without Bombs and Carcasses . On the other hand the Defendants must not be too liberal , lest their Water forsake them sooner than their Ammunition ; so inevitably draw upon them the foregoing Consequence , and incommode them with a thousand Inconveniences . True it is , many Arguments of Art and Artillery have been sent to examine this impregnable Castle , but none were ever found more successful than Hunger and Disease , or the golden Apples of the Hesperides . Such kind of Magnets muzzle Mercenaries , and make them a golden Bridg to pass over . Th. Is this fair Fabrick the Parliament-House , where the Grandees sit on National Affairs ? Ar. Yes , this is their Palace where the Parliament sits to accommodate the Kingdom ; whose famous Ports we now relinquish to take a review of the Bars of Musselburg . But that on our right Hand is delicate Dalkeith , surrounded with a Park ; and that on our left Hand is Preston-pans , where the Natives make Salt from the Brine of the Ocean . That other Town before us is the Corporation of Haddington ; and this is the Brill ; but the Bass you may see is a prodigious Rock , that makes an Island on the Skirts of the Ocean . Th. Is this the Place where the Solon Geese breed , that are Flesh in Hand , but Fish in the Mouth ? a Mystery I fancy not inferiour to the Barnicle . Ar. You say true , it 's a great Mystery , if seriously to consider the Footsteps of Nature ; which I shall explain without a Paradox . Do but observe that elevated Rock that breaks the Air , in that seeming solitary floating Island ; it 's upon that Rock , and only there , that she hatches and initiates her young Ones into the World , by exposing her Egg to the open Air , and the utmost extremity of stormy Winds ; and those Eggs , or the Squirts ( with other Fowls ) are so fix'd by contact of a glutinous Specimen to the remote Points of the Rocks , that they seem conglutinated , and so intirely inoculated , as that no extremity of Weather can separate them asunder , and where the Female never hatches more than one single Egg at once : and that Egg she plants so evenly in the Web of her Foot , by placing her Body exactly over it ; that when she relinquisheth the Rock for Relief , with admirable Circumspection she raises her self , by cautiously dilating her Web , as the Aspry does to circulate the Air , who after the same Method as when she leaves her Egg , so she falls by circulating the Air , and dilating her Web in the same order and decorum as above ; with such an exact poize and evenness of Body to cover her Egg , that no Art nor Industry can imitate or accomplish . So that the Egg no sooner sprits , but it tumbles down into the brinish Ocean for Nature to nourish it . After this manner she hatcheth her young Ones ; and after this manner I am authorized to publish it . Th. So much for Geese , this was a Rarity indeed ; but not so eminently remarkable as the six great Patriots of the English Nation . Ar. You push too hard upon me , however I 'll name them and no more : there were four great Harries ( viz. ) Ireton , Vane , Nevill and Martin , and one marvelous Andrew , or Andrew Marvel . Th. Still here is but Five , what 's become of the Sixth ? Ar. You will find him at Dunbar swadling the Scots . Th. What! England's great General , the most renowned , valorous , and victorious Conqueror , Oliver Cromwel . Ar. Yes , that was he that swing'd off the Scots in those solitary Planes , and swelling Hills , near the Ports of Dunbar : there it was that Cromwel and Lesly disputed by dint of Sword , and the formidable Terror of Gun-shot , in which fatal Engagement the Scots were routed , and fled the Field ; whilst the Conqueror's Army sprinkled the Earth with bloody Sacrifices ; converting the green Meadows into purple Planes . Th. And did not that great General then take in Tamtallon-Castle ? Ar. Presently after he did ; and that 's the Place ; how do you like it ? Th. Not at all , I fancy it a Place but of little Strength . Ar. However it covers the Pass of Copperspeth , that we now pass through to ascend these dirty miry Moors , which direct to the beautiful Battlements of Berwick , an English Town upon Scotish Ground , whose Banks are bath'd with the sturdy Torrents of Tweed , that descend from a mountainous Elevation , in or near to Erricksteen ; distant about some eight or nine Miles from the famous Tintaw , whose eminent Ascents face the English Frontiers , standing on the Borders or South Marshes of Scotland . So that from Erricksteen , though some alledg from Tintaw , runs the glittering and resolute Streams of Tweed . However Tintaw is a prodigious Mountain , whose lofty Broaches break the burdned Clouds . And such is Errick , if Fame be a true Oracle , that spouts forth three large and spacious Rivers that wash the pleasant Banks of Scotland ; one of them is Tweed ( as above express'd ) that runs East directly to the Town of Berwick , and espouseth her self with the Ocean there ; gliding along the English Promontories , and is the Original of Tweed's Dale . Another River is Annon , that bathes the fertil and florid Banks of England , and creates a Dale , called Annon's Dale ; so glides along towards the quaking Sands ; and not far from Carlisle lancheth forth into the Ocean . But the third is Cloyd , and is the last mentioned ; yet is it nothing inferior to any of the former . This River directs her Course North and by West , towards the lofty and domineering Turrets of Dumbarton ; near unto those famous Elevations she mingles her Streams with the profound Depths of the Ocean , and is the Author of Cloyd's Dale . Now all these spacious and peremptory Rivers , are derived from the Springs in the Mountain of Errick ; but some alledg from Tintaw , on whose Top stands a Capsula , on the Front of the Hill directing Southward ; from whence those smaller Streams separate themselves , through craggy Passages and Cavities in Rocks ; so trickling down , they sprinkle the moorish Meadows , admitting of many other small Rills and Rivulets to mingle with them , in their more resolute Passage . Th. What have you there ? Ar. An Aenigma of the famous Tintaw ; which with much difficulty I procured from the Collections of a Scots Antiquary , that lived sometime in the Town of Kilsieth ; who to answer my Solicitations concerning Tintaw , gave me , as you may read , this following Paradox . On Tintaw Top thar dwells a Mist ; And e'en that Mist thar is a Kist. Spere in that Mist , thar stands a Cop , And e'en that Cop thar is a Drop . Take up the Cop , drink oot the Drop ; Than put the Kist intul the Mist , On Tintaw Top. Th. What stuff 's here ; Riddle me Riddle me , what 's this ? Ar. It is a Riddle , and stuff'd with Varieties ; and so let it remain till explicated by such as travel those solitary Tracts ; or solicit Acquaintance with some of our solent Society . And now Scotland I bid thee farewel , to advance Great Britain's Southern Territories , ( the Magnet ) only Berwick upon Tweed we select for this Night's accommodation , where we need not doubt of English Entertainment . That 's the Town that discovers it self by those lofty Turrets ; let us sleep there this Night , and bid Scotland farewel to Morrow . Th. Rest and Refreshment seem Relatives to Travellers . Ar. So Discourse and discovery of Objects and Prospects claim a like Privilege , to plant the sweets of Diversion in Anglers and others . Th. Yes surely , otherwise I had lost my Expectation ; and this Day 's Journey broke the Heart of a Traveller . Ar. Then to cement it again , what if I proceed to instruct you of all those eminent Rivers and Rivulets , in our passage Southward , till we arrive at the beautiful Streams of triumphant Trent ; whose florid and fertil Banks , with a Majestick Brow , smile on the amorous Fields , and England's Elizium , the Forest of Sherwood ; whose shady Trees , as a Pavilion , shelter and solace the Contemplative Angler : there it is that Philomel melts the Air in delightful Groves ; there the Hills will shelter us , the Rocks surround us , and the shady Woods relieve and retrieve us , whilst Nottingham , that Non such , doth sweeten our Ears with delicious Consorts , & our Eyes with variety of Buildings , that stand in a serene and wholsom Air. But their Cellarage , beyond compare , is the best in England , and most commodious , and the whole Town situated on a pleasant Rock ; where the Streets are adorned with beautiful Houses , the florid Fields fill'd with sweet Aroma's ; and the exuberant Meadows enrich'd with fragrant Perfumes , that will ravish the Angler , if when to trace and examine the gliding silver Streams of famous Trent . Th. Rome was not built in a Day , nor are my Resolutions so precipitant to build without Materials ; for if rash Results reap Repentance , it 's good and wholsome Advice , to look before we Leap ; an old Proverb is a good Premonition , and a timely Premonishment prevents a Premonire . I cannot say where to settle , but am desirous my Lot may fall in or near to the Forest of Sherwood , that mingles her Shades with the florid Meadows that adorn the beautiful Streams of Trent ; on whose polite Sands and murmuring Streams , I could freely espouse my vacant Hours . Ar. In the mean time as we travel these Northern Tracks , give me leave to inform you of the Names of those flourishing Rivers , and gliding Rivulets , till our Eyes make a discovery of the beautiful and solitary Shades of Sherwood , whose amorous Bowers Nature her self has curiously drest up to adorn the delightful Meadows , and translucid Streams of the famous Trent . Where we may gratify and satisfy our selves with the Rod , and inrich our selves with the sweet Progress of Peace : for having the Forest of Sherwood on the North , the Vale of Belvoir on the South , and the transparent glittering Streams in the Centre , what can we propound to sweeten our Recreation more , than to mingle our sober Thoughts with the Divine Prospect of Contemplation ? Th. I approve of your Contrivance for a solitary Life , which gratifies and compensates both Labour and Study . Ar. And will it not furnish us with Arguments against immoderate Excess , and the violent pursuit after Recreation ? Besides , it will sweeten our Lives with the life-touches of Vertue , and the property of such things as may best conduce to the present Occasion ; as also for our future Advantage . As for example ; when returning from Trent triumphant with Spoil , what hinders us to refresh with Rhetorick from Apollo ? I know that you 'l grant Piety the best Expositor of a holy Life ; and if so , it gives us the most lively and amiable prospect of Eternity , whilst the World , and malicious Men , like ravenous Vultures , unnaturally tear out one anothers Bowels . Th. It 's true , I acknowledg that Sin , like a Cart-rope , draws down Destruction on every Generation : And is not that Generation ripe enough for Destruction , where the Streets are storm'd with Oaths and Impieties ; and the Houses blackned with blasphemous Imprecations ; not a Sin cruciated , nor a Lust mortified ? Surely that Nation stands a tip-toe that leans upon the rotten Props of Pride ; and will not Pride ( think you ) sink it self , so inevitably fall with its own Weight ? Look but upon the Foundation of National Piety ; and you 'l see how it lies in the arms of National Polity . Will this suppress the Vice of the Times , and work a Reformation in Religion and good Manners , such as cruciat Christ every Day , vilifie Christianity , by putting Christ to open Shame , and a rape upon Conscience to gratify their Luxury . So not only endangers themselves , but that Nation , and those Natives so unhappy to live with them . Ar. Though a spark of Fire shine bright , yet every shining Spark is not a Star ; nor does the orderly laying the Sacrifice on the Altar , merit the descent of Fire from Heaven to kindle it : that Man that acts by the Law of his Lust , imprisons his Faith , and murders his Reason . There is a Generation of Men that call the sacred Scriptures a Scare-Crow of Religion , to frighten People from the Duties of Christianity ; nay they 'l tell you , that Faith , Hope and Charity , are useless Instruments and Arguments to explain the Mind of God : but such Men approve themselves Proficients of Hell , that run besides the Text to become disobedient to all the Commandments . Man blown up with the blast of Ambition , makes it a Rule of Faith to study Revenge ; so puts a Sword to his own Throat , and yet cries out some other hurts him . Hypocrites of all Men are dip'd in the deepest Die , and doom'd to a lower Hell than either Scribe or Pharisee : whilst the more Religious contemplate Vision , and seek the Seraphick Life of Angels , which inclines me to an Hermetick Life , that speaks more Piety than Pageantry ; more Religion than Prophaneness ; more Services than Sacrifices ; more Adoration to God , than to Temples built with Hands . But where are we now ? see here Theophilus . Th. What shall I see ? Ar. Beggarly Belgrade , the first Post-stage in England . Th. Indeed I took it for a Remnant of Scotland , but am glad to discover my Native Country in any Dress : I fancied I felt English Air , before I touch'd English Earth . Ar. Here 's another Object . Th. What 's that ? Ar. The Ruins and Remains of an antient Castle , whose beautiful Impressions are almost blotted out , by the shady Strokes and Impressions of Time , that writes marginal Notes on her tottering Battlements . And such is the Town , crazy and weather-beaten , standing upon Stilts ; and because besieg'd with an unweildy Wall , makes it look not unlike a Pilgrim ; or rather an infirm Penitent , that moves slowly and creeps to his Grave ; so do her antient Ruins slide into Dust : these are her Ports , if you please let us enter . Near to this Alnwick runs the River Aln , or rather a Rivulet . Distant from hence about some seven Miles Southward stands Felton-Bridg built all with Stone , under which there glides most limpid Streams that accommodate the Angler . Th. Shall we touch there ? Ar. Not now , Time won't permit us ; but as we descend these Mountains , we discover Morpeth , whose Banks are bath'd with the River Mor , where as yet remain the Reliques and Ruins of an antient Castle , whose Beauty is almost blotted out with Age , or some other Irregularities , that prognostick Time or War the fatal Instruments to deface her Battlements . Th. What fair Object is that before us ? Ar. This eminent Object that we now discover , is the Town of Newcastle , rich in Merchants , and many other Gentlemen of valuable Estates ; the wealthy Walls of this Town are wash'd with the profitable Streams of Tine ; a River that 's not only considerably deep , but proportionably large and spacious , whose Banks and Shores are sullied with Coal ; whose Product supplies all the Southern Parts , and accommodates England , which otherwise would be all Ice , were not Newcastle Sun enough to thaw it ; and London I perswade my self would be but a cold Constellation , did not this Ignis fatuus shine in every Corner of her beautiful Palaces . Nay most of our Maritime Towns , and all her Cinque-Ports , would coagulate into a Concression , did not this blazing Comet shine in every Chimney . But I must relinquish this Mundane Star , to climb up the South , to those most pleasant and beautiful Galleries of Albion . Th. What Town is this ? Ar. This is Durham ( and a Palatinate ) where you may see an eminent but antient Cathedral , begirt with the self-same Wall that encircles the Town ; whose Foundations are wash'd with the Streams of Weer ; and where the Palaces are pleasant , and in some parts Beautiful , because shadowed with Art , and polish'd with Industry . Nay the whole Country presents a Scene of Pleasure , because plentifully stock'd with Corn and Cattle . Moreover it is very well supplied with Coal , but not to ballance with the stock of Newcastle . Th. Whereabouts are we now ? Ar. Our Course directs us to dirty Darlington , and that 's a Town that stands in stiff Clay , yet centred in a plentiful part of a Country . More Southward yet , and about some three Miles off , glide the glittering Streams of the River Tee , whose Fords are furnish'd with incomparable Trout , as are her Deeps with the race of Salmon . But our next Post-stage is the Town of North-Ollerton , ( a Northern Situation ) famous for nothing that I know of , except a weather-beaten Castle , demolish'd with Age , and the Ruins of Time ; which serves as a Reception now for Bats and Buzards , Owls and Jack-daws . However the Town stands sweetly situated in a rich Soil , and fertil Fields ; witness her plenty of Corn , and her fair and large-headed Cattle . More Southward yet , and about some seven Miles from hence , stands the Town of Topliff ; but at the South end of the Town stands a Bridg of Stone , that straddles over the sullen Swale . There is little remarkable here besides the River , except the Soil and solitary Meadows . Th. Whereabouts are we now ? Ar. Why now we are come to Burrough-Brigs ; at the North end thereof runs the River Yor , into which falls the trembling Streams of Neid ; so incorporating together , they gulf into Owse . In these solitary Fields , there stand seven great prodigious Stones , elevated like Pyramids in the ambient Air , of such vast Magnitude ( and regular Proportion ) that they strike deep Impressions into the solid Body of Earth . I curiously enquired after the meaning of these Reliques , but no Man was found to answer my Inquisitions : from whence I concluded these signal Remembrances might remain as Trophies or Monuments of Victory ; and that the Natives and Inhabitants that dwelt thereabouts , but little busied themselves to rifle into Records . Further than this , I can give no account . Th. Whereabouts stands York ? Ar. The City of York stands distant from these pleasant Fields , about some seven or eight Northern Miles : the Foundation of whose flourishing Ports are washed with the mild and moderate Waves of the Navigable Owse ; whose owsy Shores , and silent sullied Streams mingle themselves with the more resolute Torrents of Trent , and so gulph into the spacious Arms of Humber . In this City you shall see a sumptuous Cathedral , imbellished with Art and polish'd Stone : every one that sees it , admires and commends it ; and so do I for a rare Piece of Art , and a beautiful Fabrick . Th. And what then , is it ever the better for your admiring on 't ? Ar. It 's never the worse , nor is Weatherbee neither , through which runs Warff ; where there stands a stately Bridg of Stone , over those rocky Foundations that secure her scaly Inhabitants , viz. the Trout and Salmon . From hence we fadg to Ferry-Brigs ; but in our Passage , we meet with a knotty stony Cawsy that accommodates the Traveller , when the Banks o'reflow those florid Meadows . About three Miles Southward there runs a Rivulet , but I call it a Rill , that gives name to the Town ; where note , the Inhabitants call it Went-Bridg . Th. Whereabouts are we now ? Ar. On the Skirts of Doncaster , so called from the River Dun , portable sometimes to the Verge of the Town ; at other times hardly Water enough to turn a Mill , or float a Cock-boat . It 's a Corporation , and a Manufacture ; if weaving and knitting Stockings , and Wastcoats will warrant it : Now you must know that this Town stands in the Post-road ▪ where a Man may be welcome that brings Money ; otherwise he may step by the Borders of Bawtry , and consult the melancholy Streams of Idle , whose Banks are burdned with Segs and Bulrushes . But these glittering Streams over which we now pass , flow from the Sharps of merry Merial . Th. Why then we touch on the Skirts of the Forest. Ar. We have pass'd through the Heart on 't ; for now we discover the weather-beaten Walls , and the ruinous Battlements of the Town of Newark , whose flourishing Fields are bath'd with the slippery Streams of silver Trent , that glides along through the fragrant Fields , to wash the Foundation of her florid Meadows ; so tumbles down , but with a soft and murmuring Noise , from her more remote and Westerly Fountains . Thus Trent slides along through diversified Mixtures , and various Soils , ( besides polite and glittering Sands ) amalgamiz'd with marly Oakry Earths , Alabaster Rocks , red and discoloured Clays , and polish'd Pavements of transparent Stones . So that from the West , with a strong and swift Current , Trent drinks up the torpid surly Sow that floats near the Walls of the Town of Stafford . And then the timorous Tame falls in , that glides below the Town of Tamworth : the silent Dove also , that melts the smiling Banks of Tidbury , mingles her Streams with Trent below Monk's Bridg. And the resolute Darwin that salutes the Ports of Derby , falls into Trent below Wilden-Ferry . So the sullen Soar that leads through Leicester , glides into Trent near to Red Hill. Besides , the little Leen , whose limpid Streams wash the beautiful Rocks and the Shores of Nottingham , she also pays Tribute at Trent-Bridge , and the smooth faced Snite that scours the Vale of Belvoir , slides into Trent near the sandy Foundations of Newark . But nearer the Marshes falls in the Merial ; so does the Idle in the Isle of Axholm . The portable Streams of Owse also salute the Torrents of Trent , before her espousals with the spacious Humber ; for till then Trent retains her Original Name , notwithstanding the various and complicated mixture of Streams , which are many more that glide into Trent , and would swell my Volume if but to name them . Th. If they be nameless , let them alone ; and proceed if you please with the Corporation of Newark . Ar. Newark , you may see her Antient Ports stoop with Age , and her Bulwarks lie buried in sandy Earth , and amalgamiz'd together with the surface of the Soil , whose Banks are saluted with the Torrents of Trent , and whose sandy Foundations , and cultivated Fields sweetned with the Fragrances of her Florid Meadows , adorn the North ; but most pleasant and delectable Pastures adorn the East , whilst her Southern Fields are fill'd with the Treasures of Corn ; besides the Fertility of the Flourishing Vale of Belvoir supplies her Granaries ; as her Western fragrant Meadows reach up to Nottingham . So that upon the matter this Town of Newark ( but not Noahs-Ark ) is besieged with Plenty . In the Center of this Town is an exact Pavement , Quadrangular , Regular , Uniform and Spacious ; and in the Center of this Center stands a Market-house , piazza'd or bolstred up with Wooden Props , commoded with a Roof of Lead and Tile ; but the general scope of this fair Pavement requires a more exact method of Pen than mine is , to describe it . For that end I proceed to some other particulars , as their Gates ; because when to consider that this Town of Newark ( to my Observation ) has but one fair Street , which is called by the Name of Todman-Street ; but the Gates are Miln-gate , Middle-gate , Kirk-gate , Castle-gate , Nor-gate , Appleton-gate , Barnby-gate , Bolderton-gate and Carter-gate . There is also Beamont-Cross , Potter-Dike , Hell-end , and Cotes-Bridg . From the South-West end of this Maiden Garison , stood the Queen's Sconce , facing the Trent , but the King's Sconce ( or Sconce Royal ) was to the Eastward . So that the whole Town seemed almost Invincible , ( as it was Defensible ) because so well defended with Men , Arms , Ammunition and Artillery , besides such deep Grafts , Bastions , Horns , Half-Moons , Counter-scarps , Redoubts , Pit-falls , and an impregnable Line of Sadd and Turff , palizadoed and stockaded , and every Fort so furnished with great Guns and Cannon , that this bulky Bulwark of Newark represented to the Besiegers but one entire Sconce ; and the two Royal Forts , the formidable Flankers : Nor was there a Tree to hinder her prospect . At the North end of Newark , supervising the Trent , ( and her redolent Meadows ) stands to this Day the Relicks and Ruins of a fair Castle , whose solid Foundations were cemented with Stone ; and all the Walls , Buttresses and Battlements with the same Material ; whose imbellished Front overlook'd the fragrant Meadows of Trent , and was the last reception for King Iohn ; who after his return from Swinsted-Abby ( where the Monk poisoned him ) lodg'd within the Portals of this fair Palace . There it was that he seal'd the Decrees of Death that compell'd him to take leave of the World. Another Curiosity is their Collegiate Church , beautified and garnished with fair Free-stone . The Quire or Body , and the Isles , very large and spacious ; the Roof covered all over with Lead , but the Broach and Tower excels in height , because to vie with most Parochial Churches in England . This Maiden Garison had her Ports guarded with Artillery ( as above exprest ) and was made equal in success with the most fortunate Garisons relating to the Royal Interest . Here are four Fairs quarterly proclaimed every Year by the Mayor and Aldermen of the Town of Newark ; besides the Weak-day Market , and a running Trade with the Country round about them . From the North come those large and fair fronted Cattle , that fill Newark Folds ; and on Wednesday every Week their Market is duly observed , where you may see this large Pavement as 't were overspread and crouded with Corn , and the Shambles , as any Market in the County , furnish'd with Flesh : Besides in the very front of this general Exchange , the Stalls are as well burden'd with Fish. Moreover , Fowl , with Fruits , and many other Entertainments , they have in abundance . But now I think it high time to relinquish the Ports of Newark , to scale the famous Ascents of Trent , whose generous Streams invite us Westward . Th. This Corporation ( I perceive ) by your relation , has been a Fortress almost impregnable . Ar. There was none beyond it Northward , and I 'm sure Southward there was none comparable to it . So that above and beneath this Town of Newark , as we ride along , you may observe mighty blough Banks , and incomparable Deeps , with pleasant slaty and secure Fords , polished with Gravel , and enamel'd with Sand ; but in some other parts , you shall observe but little disproportion betwixt the Surface of Earth , and the Level of Trent ; when on a sudden again , some knotty Coagulum of incrustated Earth ( sometimes Rocky and sometimes Marley ) steps up to secure the Continent , and rebuke her swelling murmuring Streams , seemingly discontent to leave the amorous Shores in their more rapid and violent precipitation . Th. What Town call you this , about some two Miles from Newark ? Ar. This is Farnton , which fares very well from the benevolent Breasts and amorous Arms of Trent ; whose Shores are saluted with her silent Streams , as her Meadows are enrich'd with the soveraign Soil of Trent , that makes glad her Inhabitants . So that from Farnton about a Mile or two stands Stoak in a sweet Soil , whose Banks and shady Bowers are perpetually bathed with the solitary gliding Streams of Trent , that smile on her florid Fields , whilst the beautiful fragrant Meadows are constantly courted with soft Salutes and Embracements from the mild and moderate Streams of our Western Fountain . Th. What a pleasant part of a Country is this ! Ar. Pleasant do you say ! do but propound what Pleasure is , and see if any place in England excels it . This is the place that 's call'd Hazelford-Clift , from a stately imbellished flourishing Wood , that borders South on the side of Trent , that climbs up a Rocky and Mountanous Elevation , facing the North , and the delectable Shades of the Forest of Sherwood ; whose beautiful Banks and delightful Shores , are celebrated to the pleasant Amours of Trent , defended on the South by the Vale of Belvoir , and guarded from the North by the shady Trees of the Forest : but her East is refresh'd by fragrant Meadows , cultivated Fields , and delightful Pastures , adorned with most excellent Rills , Rivulets and Fountains . This is our inamouring Northern Prospect , the Anglers Arcadia , the greatest Aviary , and the most mellifluous Consort in Nottingham-Shire . Nay , it 's England's Elizium , if Elizium be any where . Of which if any doubt to trace or find out , it 's here to be found , if any where in England ; otherwise he may conclude that Elizium's but a fiction ; for if not understood in these fragrant Fields , pardon me to think , nay I dare to assert it 's no where else . Th. Indeed it 's a sweet place , I have never seen the like before ; but what Town is that ? Ar. This Town we call Knieton ; it stands yet more West , elevated on a Rocky Precipice of Albaster , and red Marly Earth , hovering over the Streams of Trent ; and borders on the skirts of the Vale of Belvoir , facing the Forest ; and Bridgeford lies much on the same Level , West South-West , guarded with Rocks and stately Mountains , opposite as I take it to the Inundations of Trent . But the Town of Gunthorp stands directly North , blest with flourishing and florid Meadows ; whose Fragrancy oftimes perfumes the Shores , as Trent's proud Waves besprinkle her Sands . Shelford you may see inclines yet more Westward , whose Foundations I have considered lie so low and flat , that they level the very Surface of Trent ; but Burton and Bulcoat stand North of her Ruins , and are shaded by the flourishing Trees of the Forest. Th. What have we here ? Ar. Gedlin and Carleton , these lie yet more West , and incline , if I mistake not , two Points to the Northward ; but the Palace of Holm-peirpoint adorns the South : From whose beautiful Elevations we discover the Battlements , and some part of the Situations of famous Nottingham ; whose odoriferous Gardens perfume the Air ; and whose florid Fields , and fragrant Meadows , glut the Scickle , and satiate the Sithe . Th. Grant my Allowances , and I 'll give you my Opinion ; and not stick to tell you , that Trent surpasseth Tagus , notwithstanding the boast of her Golden Sands ; whose transparent and translucid Streams , strike deep Impressions , and ravishing refreshing Resentments , inviting the Contemplative Angler to consider the plenty , and the great variety that are daily drag'd forth out of her bountiful and well furnished Streams , enough one would think to cause Admiration , which formerly I could never believe : But now I 'm convinced beyond opposition . Ar. Nay 't is true , and I can tell you more ; that Speed and Cambden , both of Authentick Authority , will also tell you , that the swelling breasts of admired Trent , hourly relieve thirty sorts of Fish ; and that her Arms embrace as many Market-Towns , and as many Castles are implanted on her cultivated Suburbs ; and that thirty Rivers also mingle themselves with Trent's more resolute and sturdy Streams , and with the loss only of their Virgin Names : Which report if any one question it , you shall find recorded in Voluminous History . But had they practically and experimentally consulted Trent , as my self ( and some others ) have done , they had without dispute met with more variety of Fish than they inserted , or modestly included in their publick Impressions . Th. That 's strange ; pray untie the knot . Ar. What great difficulty is it , think you , to prove that , that every Angler frequently experiments , if he but take pains to examine her Fords , or seriously peruses this Catalogue of Fish ; where he shall find twenty two sorts of edible Fish that daily accost the Silver Streams of Trent . Now the rest you are to consider , especially some of them are never to be dealt with by the trembling Rod , nor the feeble force of a slender Line . Such Fish , I must confess , as are more than ordinarily resolute , are doom'd to die by the Law of the noosy Net. Th. You have the Catalogue I presume , pray accommodate me with it . Ar. That I 'll freely do . Here — Hold forth your hand , and take this little Book ; And when you fish , on your Directions look ; Till Theory speak you Master , then you may Compleat your self in Practicks day by day . So understand the various change and season , How to catch Fish , and after give your reason . There 's few that fish these Streams know all the Fish The Trent affords to Anglers , and their Dish : Here 's Pickrel , Barbel , Burbolt , Rud and Roach , Graylin , Flounder , Cheven , Perch and Loach , Bream and Tench , Carp and Gudgeon , Dace and Ruff , Eel , Lampre , Bleak , Minue , some Silk , some Stuff . Twenty in number I have here exprest , Some daily taken ; season for the rest . There yet remain two nobler sorts behind , To make them twenty two ; but then their kind Are Trout and Salmon , those are Fish that waste In time of Travel , besides they lose their Taste And sweet Complexion ; chiefly at such time When out of Season ; what remains in prime Summer and Winter , Spring and Autumn flees : The blooming Leaf drops from the fading Trees . Nature appropriates each thing to its kind , As well in Fish as Flesh , this Truth we find By daily Observation ; provide we Search but the Records , and the Mysterie Of Mother Art , by Nature first instructed , From whence all finite beings are producted . Th. Now I 'm convinced . Ar. Then it 's your duty to labour to convince others . Th. So I will , if the Anglers Catalogue can do it . Ar. And if that won't do it , let it be undone : However it may serve some Iuniors for Diversion . Th. Ay , and Seniors too , had we but your Additional Supplement of the residue of Fish ; which being wanting , will in my Opinion render the residue of your Discoveries imperfect . Ar. That I resolve against , though we drag them forth from their holds and fastnesses by violence . And first , I 'll begin with the Sturgeon , then the Shad , the Porposs , the Congar , Lampern , Fluke , the Aromatick Smelt , Sandeel , Craw-Fish , Bulhead , and that little supernumerary the Bant or Stittlebag ; which needs no Net to drag him out . Th. Nor an Arithmetician to sum them up , for my Calculation compleats them to thirty three ; besides some Foreigners , to most unintelligible . Now as we trace the beautiful Banks , and the amorous Shores of famous Trent , that invites to Solitudes and Experience , we may mingle Rewards among our Recreations , and sweeten our Labours and Industry with Divine Contemplation ; a Study the indigent World is ignorant of . What are these ! the stupendous Fabricks of Nottingham , whose Foundations are laid in Rocky Sand , and so firmly rivited into the Bowels of the Earth , that neither Age nor Time can hardly decay them ? And was this that impregnable Castle , elevated on a Rock , and lifted up so high as to storm the Air , and supervise the bordering Inhabitants that dwell in the florid Vale of Belvoir ? Was this that great Ornament that adorn'd the Country , that sleeps now in dust ? Ar. These are the Relicks of that famous Antiquity , where Art and Industry discovered themselves inseparable Companions . Let us approach her beautiful Ports , inrich'd with three Parish Churches ; but one of them of late was torn in pieces with Martial Treats . But to speak the Truth , it was by provocation : For the Pulpit you must know vied with the Peerage for Superiority ; and that made the Souldiers commit Sacrilege , and undress this beautiful Relick , that lies now in silence , and hudled in ashes becomes her own Sepulchre . Now the Cellerage in these Situations of Nottingham , are the most commodious that I know in England ; whose descents you may trace twenty or thirty Foot from the surface of the Soil . But there are other Cellars that almost court Day , where they make their Malt , and lodg Commodities either for a Domestick or Foreign Trade . For so great is the Plenty she draws from the breasts of the Country , that were she wanting in her self , they would want themselves in wanting her . Another Rarity it behoves the Reader to observe ; and that is , upon examination her Wells will be found as deep , if not in some places deeper , than their Cellars . Yet amongst all her stately Imbellishments , we petrole as I remember but two fair Streets ; the rest are Gates , Allies , Rows , Lanes , Marshes , &c. But the Prospect as we advance , presents to the South , and the generous Streams of Silver Trent , directing to the Leen-Bridg , facing the hollow Stone ; or rather , as I may term them , habitable Rocks , through which we ascend to consult those splendid Inhabitants , that live under a well-polished Government , and those other Circumstantials of Civility and Ingenuity . Now this Avenue of Fishergate , we leave on our right hand ; and that on our left , is the Marshes , as we ascend to climb up the hollow Stone , and mount the Elevations of a large and spacious Street , called the High Pavement : but Stony-Street and Pepper-Street , are all the Streets in Nottingham . The rest are either Lanes or Gates : as Mary-Gate , Pilcher-Gate , Fletcher-Gate , Well-Gate , Boyard-Lane , Swinegreen , Saint-Iones's , and Hockly in the Hole , &c. But the Week-day Shambles we leave on our right hand ; and on our left , those sandy Foundations that face the South ; whose Skirts are moistned with the generous Leen , and there live the Tanners , Tawyers , Fell-mongers , Parchment and Vellum-dressers , besides the Glutiners , that dwell in Houses contiguous with the Rocks ; but the Buildings are not under-ground , though stooping so low as to level some part of the very surface , refresh'd with fragrant Aromas , sent from the florid Meadows of Trent . But this Terra Nova , or Terra Incognita , they generally call it the Narrow-Marsh . Th. Whereabouts are we now ? Ar. Now we descend to the lower Pavement , by dividing the Town-Hall from the Leaden Well , near unto which the Week-day Cross is frequently crowded with Country Curiosities : but advancing forward in a direct line , we encounter the Fronteers of Castle-gate , and leave the broad Marsh , and Grayfrier-gate on our left hand . Towards the upper end of which , and not far from Hungate , stood the Imbellishments of Nicholas Church , associating with some inconsiderable Lanes , Allies and Caves ; but inclining yet more Westward , and nearer the Castle , remain the Bogholes , and the Brewhouse-yard . But I forgot to tell you , that in the very Centre , or Division of the Pavement , there stands a Bow ( or a fair Port ) opposite to Bridle-smith-Gate ; adjoining to which , is Girdle-smith-Gate ; and next unto that , is Peter-Gate , a derivative from the Church that fronts the West Angle , and directs into Hungate . But presupposing your Station at the North end of Bridle-smith-Gate ; immediately then you face Hen-Cross , which in a direct line leads on to Cow-lane-Bar ; but if otherwise you incline to the Left , then you leave the Saturday Shambles , the Fruiterers and the Cage on your right Hand , and Peck-lane that directs to Peter's Church , on your left ; but if pointing your Passage towards the Western Angle , you then enter the Sands , and also the Sheep-Market , which is commonly kept upon Timber-hill . Now advancing more Westward , you enter the Friers , but on the left Hand of your Entrance , is Wheeler-gate ; and on your Right , is the Beast-market that fronts the Long-Row , into which , and from the Skirts of the Forest , there presents a small Avenue , some call it Sheep-lane ; opposite to which is Saint Iohn's-Lane , but that descends in a direct Line , either from the Castle , or Boston-Bridg ; so that the Ornament , Gaity and Beauty , is the Long-Row . Beauty did I say ? all the Town is a Beauty , if you consider her stately Buildings . Now as you pass through the Long-Row , it directs to Bar-gate . On the left Hand of whose ruinous Antiquities , and upon a rising Elevation of Ground , the Standard Royal was advanced by Charles the First , near to the Reliques and Remains of that sumptuous Castle , not far from the obscurements of Mortimer's-hole . I must confess there needs no great Noise to trumpet the Fame of this Non-such Nottingham , whose plenty , if I mistake not , fills every neighbouring County ; and whose generous Breasts recruit not only Travellers and Foreigners , but send supplies to all the Villages that border about her ; whose Granaries commode the British Continent ; and whose liberality extended to adjacent Parts , interprets Nottingham to be no Town , but rather the inland Mart and Store-house of Great-Britain . Th. But how will the Reader descant upon all these eminent Encomiums ? Ar. It matters not a rush how any Man resents it , since Nottingham of it self so well deserves it . For if with freedom I may declare my own Opinion , I must confess my Fancy too flatulent , my Strain too torpid , my Pen not elegant , nor my Stile polite enough to illustrate the Beauty of such stately Inbellishments , the admired Subject of every Man's Praise ; which more worthily deserves the Applause of an ingenious Historiographer , rather than the Character of so weak a Surveyer . However , I have done what I was able to do , and shall now leave the Scenes for some other to decipher , that 's more intelligible , and capable to perform such a Work than my self . Yet give me leave once again to drive the Nail a little further ; when to evince the Dissatisfied that Nottingham ( as prenoted ) is no Town , but rather a beautiful and imbellish'd Seraglio , where every Street , nay every Port , represents as it were the new Face of a Court. Th. Or a Comet . Ar. Then what if I call it our Northern Star , to influence and reflect on the Southern Elevations , and because being bless'd with the Blessings of Trade and Fertility ; but could I say she liv'd without the Vanity of Prodigality , then would I stile her a Vertue as well as a Beauty ; where Art and Invention have supplies and encouragement ; and where new Fabricks are hourly lifted up into the ambient Air. So that a Man would think her to sprout and vegetate , by the daily Progress she makes in her Buildings . So that when you come to fee her Arbours and Aviaries , so naturally dress'd up in the Shades of the Forest , and perfum'd with Fragrancies from the redolent Meadows of Trent ; besides the pleasant Prospect it has into the cultivated Fields in the fruitful Vale of Belvoir , then would you say that Nottingham is the Magazine for Cheshire and Lancashire ; and the daily supply of those Mountainous Parts in the Peak of Derby-shire . These are those Ports , where the Angler ( and Ingenious ) never yet entred without sober Accommodation , let us therefore first consult the Virtuoso's of the Rod ; afterwards sweeten our Ears with Rhetorique from Apollo . Th. As you have given us a fair and large Character of Nottingham , so have you been as copious in your practical Experiments of Angling , and brought to Test the undeniable Assertions of Truth , not imaginary Fragments , nor Romantick Fictions , stoln or suggested by plundring Plagiaries . Now every one knows that Ignorance emulates Art ; and Impiety above all things abominates Devotion . Tradition also that truckles under Forms , and Hypocrisy and Flattery are Time's Apostates : But Science and Experience are the confirmation of Eye-sight ; and Truth the Standard of Divine Speculation . By these we proportion the Measures of Vertue , which is found by him that treads the Tracks of Wisdom , and wades through the profound Depths of Patience : for as he that devotes himself to a solitary Life , lives a Life most congruous to Devotion ; so he that devotes himself to Piety , lives a Life analogous to Contemplation . For what signifies the Court , but to remonstrate the Prince his Magnificence ; and the Palace , but to heighten his Enjoyments ? On the other hand , where Humility is celebrated to Piety ; there Content dwells every-where in an humble Breast ; and Humility and Penitency , like Links concatinate , content themselves with the garb of a Cottage . Thus we may read the State of the World : but that which I always approved of as the best State , was to seek the Blessings of Content in every Condition . Then welcome Woods , Rocks , Rivers , Groves , Rivulets ; nay it 's possible the very Shades of a Forest , in some measure answer to the Comforts of Life ; and Life answers to the Ends of the great Creator . Consider therefore that the Soul 's great Diadem is Christ ; and Christ , by Wisdom and Sanctification every Christian knows , is God. And who but God created this stupendous Creation , and drest up this imbelish'd Fabrick of Heaven and Earth , when he made the Majesty of his Invisibility visible , and placed Man in this sublunar Orb , to conduct and manage his Fellow-creatures . But Man imprudently transgressing , in not answering the glorious Ends of his Divine Creation , in Obedience to the Commands of the Sovereign Decrees of God , the Almighty discharged him the Soveraignty of Government ; so exil'd him from the glorious Sun-shine of Paradise . Of whom if you please , let us have an account . But I wonder at one thing , to me it 's a Paradox . Ar. What 's that ? Th. You writ your Book in 58 , and spread the Net to 85. Ar. What if I do ; I lived in the Reign of five Kings , and in the Time of four great Worthies . Th. Was O. P. one ? Ar. I leave that Bone for you to pick. But this I assert , that great English Hero was exemplary in Piety , eminent in Policy , prudent in Conduct , magnanimous in Courage , indefatigable in Vigilancy , industriously laborious in Watchings , Heroick in Enterprize , constant in Resolution , successful in War ; one that never wanted a Presence of Mind in the greatest Difficulties ; all the World owns him for a great General , that influenced all Europe , gave Laws to all neighbouring Nations , and disciplined France with English Arms. Th. These are great Encomiums . Was the Lord R. one ? Ar. That great Man of Worth and Honour , was truly Vertuous ; the Patriot of his Country , and the Glory of the Court , beloved of the People , and a lover of Piety ; who left Legacies of Love to the surviving Natives , when he sealed his Death with noble English Blood. Th. Was Col. A. S. one ? Ar. That great Soul was too great for the World , whose Life in a manner was a continued Death , signified by those Trophies of War he carried about him . He died but to teach his Country-men the easy Methods of honourable Dying , to the astonishment of Mankind , and foreign Ambassadors . Th. Was Alderman C. one ? Ar. That brave and worthy Citizen , to his eternal Praise , sealed London's Magna Chart a with a Christian Exit , and a Voice from Heaven . Therefore put no more questions , for the Aenigma is explained , but begin where you left off , so let us conclude . Th. Then I 'le only desire a Description of Man. Arnoldus his Meditation . Ar. Adam as an Angel in the Shades of Paradise , typified his Creator : then it was that this mortal State seemed Immortal ; and Man , because a Signature of this admirable Creation , was made to live by that Life that made him ; for it was the Will of the Supreamest that made him , to shine a Ray of the Majesty upon him , and generate in him the glorious beauteous Ray of Himself . But this was done when the Divine Majesty made Man absolute Lord , and commissioned him Conduct over all the Creatures . So that Adam was now a Divine Substitute , because the Divinity had divinely inspired him , and stamp'd the Impress of his Royal Signet upon him , the lively Emblem and Character of Himself ; whereby to demonstrate in him a Sovereign Power over all the Families of Creatures that God had made , and by Wisdom bless'd in this stupendous Creation . So that you may read , Adam was made in the Likeness of his Maker ; but he begot in his own Likeness . This was once the blessed State of Adam , and a regenerate State ( to be born again in Spirit ) is the same with us now : for Primitive Purity can never be blotted out by National Impiety . Nor shall Age , nor Time , nor Death it self vacate the Lustre and Glory of Christianity : for as the Donation of Purity is the Royal Act of him that 's pure , and lives for ever ; so the Piety of Christianity shall out-live all Ages , to the utmost Limit and Period of Time. Where note , the Primitive Times have liv'd till now ; and that that begot Time in the Bosom of Eternity , is Christ in us the Hope of Glory . Why then do Christians violate their Faith ? Does it become us to enslave it by Lust ? A proud Faith is as great a Contradiction , as an humble Devil . The glorious Hope we have of Paradise , incites and invites Believers to the Duty of Repentance ; and Repentance leads on to a humble Submission , to cruciate our selves and this temporal State , that naturally resigns upon every Assault of Death ; for all complicated Elements melt into Obscurity . Shall the Clay rebel against the Potter that moulds it ? Shall Man resist his Maker that made him ? Shall the Vice of the Times vote against Heaven ? and Impiety provoke us to mutiny against the Deity ? Must we learn no Language but Oaths and Imprecations ? and denounce no Dialect but the Rhetorick of Hell ? Can no bounds be put to luxurious Ambition ? nor any Limit to the impudent Impostor ? who has not considered the Body sometimes diseased , and how Death stands ready to blot out the Character of Life ? so that if ill Symptoms but happen to invade us , the Grave immediately stands gaping to devour us . Nor can our Limbs any sooner be touched with the Cold and icie Finger of Death , but our vital Fires begin all to extinguish ; and the glorious shining Sparks of Life look languid and dim ; and so by degrees lose their sparkling Lustre . Then it is that the natural Artifice of Men and Means suddenly forsake us , and the secret Subtilties of our deceitful Hearts basely and cowardly renounce and desert us . And then it is , that our truckling Faith prostrates a false Heart on the cold and frozen Altar of Despair , which formerly was the common Factorage , and Receptable of impure Flames , where we used to offer up adulterated Sacrifices , with impious Adorations , as the Athenians did to unknown Gods , prophetically Prognosticating our merited Destruction . So that now in a Clod , or lump of Clay , the lustre of Life is silently sealed up , and secretly conveyed to the Sepulchres of Death ; and because translated from the beauteous Creation , is made to cease from a natural State , and embrace Corruption , and the putrid Grave in eternal silence ; where we shall never see Light nor Day any more , nor with Sorrow or Reluctancy look back upon the anguish and anxiety of those we formerly persecuted by unjust Sentences ; when as Judges we sat and perverted Judgment , yet would seem to appear as Angels of Light. But strip'd and stark naked the World now inspects us , and all those Graces that naturally adorn'd us , discover themselves but personal Deformities . So that Disease finds as little difficulty to attempt us , as Death to encounter and overcome us . For have not our sensual Guards all declin'd us , and the Arguments of Sense and Reason revolted from us ? Every Instrument and Organ has reclaim'd its natural Function , whereby we perceive our selves deserted by the active shining Motions of Life ; and doom'd to Death by the Law of Sin , we subscribe to the fatal Decrees of Mortality . O fatal flattering Impiety , where 's all those specious Pretences of Purity that link'd and intail'd our suborn'd Inclinations to the gaudy Temptations of luxurious Honour ? What if every Man had the Wealth of a Monarch , and as great as Alexander in Empire and Dominion ; and suppose his Domesticks as numerous as the World , yet Death would arrest him , and send him Summons to appear before Heaven's high Tribunal , where he must answer for himself , and not another for him ; whilst Conscience , as a bold and daring Accuser , will accuse him for the Deeds done here in the Body . So that as our Work was here upon Earth , such also will be our Reward in Heaven . But how sad will it be , when to behold the Portals of the New Ierusalem firmly bolted and barrocaded against us ; when to hear the dreadful and irrevocable Sentence of eternal Excommunication pass upon us , to be utterly secluded Society with the Saints , and denied Community with the blessed Angels , that perpetually triumph with Seraphick Hallelujahs , as the Seraphims and Cherubims with heavenly Ejaculations , whilst we are made to grope in Darkness unutterable , and to lament there the Impiety of Life ; and debar'd Repentance after Death , because to reject it when proffred unto us : for in the Grave there 's no Contrition ; nor after Judgment is there any Revocation . This is a sad and deplorable Sentence , beyond the reach of Sorrow to contemplate : for if but to consider the Janglings in Hell , and the murmuring Complaints of the Damned in Torments , that belch out Blasphemies to confirm their Impieties ; and by spiritual Pride prophane the Beauty of Holiness ; and would , if possible , corrupt the Creation , prostituting to Idols , and the Ides of Time ; and as much as in them lies , pervert and poison the Sacred Oracles of Judgment and Justice . But what Tongue can express the glorious Raptures , and beatifical Visions the Saints enjoy , with the Seraphick Harmony of the blessed Hierarchy ; whilst Penitents pass by the Gates of Hell , to the heavenly triumphant Joys of Eternity . O what Love so convincing and stupendously manifest , as a Saviour to die for unregenerate Sinners ! to affix himself to the Cross of Death , to fasten our Souls to Eternal Life ! to load his Body with the Burden of Sin , to purchase for Sinners the Seal of Redemption ! This is that great and sublime Elixir , that transmutes our Nature into Divinity , Time into Eternity , and our Souls into Himself ; from which supereminent Heavenly State , there 's no relaxation , but an intire Unity and Community with God , for ever and ever to all Eternity . For as Light is inseparable from it self , nor can Darkness co-mingle or incorporate with it ; such is the Soul that is truly sanctified and sprinkled with the Blood of this Miracle of Mercy , that never for the future can be separated from its Saviour : but as Sin hates the Light , because the Light discovers its Darkness ; so Light , because it 's the Standard of Truth , not only discovers but dissipates the Darkness . The Lamb of God is the Light of the World , that for ever shines , and for ever frees the penitent Soul from the Shades of Darkness . How great therefore must that Light be , that enlightneth the World , and every Man that cometh into the World ? Now the true State of Felicity is only attainable by Faith in Christ ; and Faith directs to the Portals of Humility ; Humility to Piety ; and Piety leads on to the Duties of Charity , by a religious resignation of our inglorious Will , to the Glory of his Will that bore our Burden of Sin on the Cross. Here let us sigh down , if possible , the Sins of the Age , as Christ by the virtue of his pure Divinity depress'd those Mountains of Sin in the World : then in obedience to this great Example , let us cruciate our selves , the better to enable us to triumph over Death : for to conquer Self , forceth the Devil to recoil ; and to render the Vanities of this World contemptible , is to lead Hell and Captivity captive ; which none but Christ can do , and has done : yet ought we to imitate our Leader , as true Volunteers of the Cross , if we hope to imbrace the Royal Sanctions of him that bore his Cross in a bloody Shower , for the Redemption of Mankind . This I recommend to the Christian Reader that follows the Lamb the Captain of our Salvation . Th. By this most excellent Description of Man , he labours , I perceive , under great Anxiety , till Christ affix him by his Sovereign Ray of Light , whereby to illuminate and sublime his immortal Soul into the everlasting Arms of himself , the glorious Being of his all-glorious Father , where Time shall be no more : for Time is but the Child of Eternity , as is Generation the Child of Time. Generation therefore devolves in Time , and Time results in the Arms of Eternity . But Eternity is the Beam of the Majesty of God , whose Divine Centre is Love essential ; and Love is an Attribute so divinely connected to the infinite Wisdom and Goodness of him that never had beginning , by whom all things were begot in Time. whereby he made his Invisibility visible , which he eminently did when he manifested his glorious Inside , by the Excellency and Beauty of the external Outside of this stupendous and most admirable Creation . Ar. You have sum'd it up right , and said nothing but Truth ; and Truth is the Alpha and Omega ; the Beginning of all Beings , and the End of all Times ; the infinite Invisibility made visible ; the immaculate Humanity clothed with Divinity ; the Glory , Beauty and Wisdom of the Father , the beatisical Vision , the Light of the World that now is , ever was , and for ever and ever will remain so to be , when Death and Time shall be no more . And now give me leave to recommend unto you ( most worthy your observation ) these general Rules for Fish and Fishing , with Directions also for Baits and Seasons . Th. Be you my Tutor , and I 'le be your Pupil . The SALMON . Ar. As the Salmon is a Monarch and King in the Freshes , so he is the ultimate Result of the Angler's Conquest . This Royal Game ( all the Summer-time ) has his Residence in the rapid and forcible Streams in Rivers ; but the Sea is his Sanctuary most Months in the Winter : So that a Man may rationally conclude , without a Parenthesis , that he is always to be found , though not always in Season . Besides , the Salmon is incident , as other Fish are , to various Accidents ; more especially if we consider the female Fish , who in the Spring ( as other Females do ) drops her Eggs ( but some call it Spawn ) which makes her infirm : and if it so happen that she lags behind her natural Mate in the fall of the Leaf , she is then prohibited the benefit of Salt-water to bathe her Fins , and carry off her slimy Impurities , which is the natural Cause of her kipperish Infirmity , that alters her delicate Proportion of Body , and blots out the beautiful Vermilian Stain and sanguin Tincture of Blood , which vividly and transparently shines through her rubified Gills ; so that now she begins to look languid and pale , her Fins they fag , and her Scales by degrees lose their natural shining Brightness ; as also her regular and well-compos'd Fabrick of Body , looks thin , lean , and discoloured : and her Head that grows big , and disproportionable , as if distemper'd and invaded with the Rickets ; over whose Chaps hangs a callous Substance , not much unlike to a Falcon's Beak ; which plainly denotes her out of Season , and as plainly as any thing demonstrates her Kippar . Now I come to nominate some eminent Rivers in England , that accommodate the Angler with the Race of Salmon . First therefore I prefer the River Trent , because of her rapid and Oriental Streams ; that never sully themselves , till arriving near to the Shores of Gainsborough , where Trent oft washeth her Banks with the Eagre , so glides immediately into the Arms of Humber . Next unto Trent , we present you with the translucid glittering Streams of Severn , that not far from Bristol mingle themselves with the Ocean . Nor shall we omit those torpid and melancholy Streams of Owse , that gulph themselves into Trent-fall . But of all Rivers that glide through the cultivated Fields in England , the bountiful , beautiful , and most illustrious Thames has the Soveraignty of the rest ; because her Streams influence not England only , but all the Banks and Shores in Europe ; and is without Precedent , because of the excellency and delicacy of her Fish , more especially below Bridg ; where the Merchants turn Anglers , and throw their Lines as far as both Indies , Peru , the Ganges , Mozembique , Barbary , Smirna , Alexandria , Aleppo , Scandaroon , and all the wealthy Ports in the Universe . These are the Fish that feast the Nation ; otherwise England would be unlike it self , if unhappily wanting such provident Anglers . But Scotland has already received a Character of most of her eminent Rivers and Rivulets , that wash and moisten her sandy Shores ; nor have I nominated more than four Metropolitan Rivers in England , that bathe her fertil and florid Banks ; because having a mind to step into Wales , or the Suburbs of it , to discover there a singular Curiosity , which probably may puzzle the Opinion of Artists and others . Now one of these Rivers in called Wye , but the other is known by the name of Vsk : both which Rivers , as I am told , incorporate themselves on the Southside of Monmouth . But the reason why I mention these two eminent Rivers , is only in regard of their various entertainments , by reason the Salmon there are always in Season ; for the one supplies the Defects of the other . As thus for example ; If when to consider Wye flourisheth with Salmon , Vsk as if no River , is rarely discours'd of . On the contrary ; when as Vsk sends her Supplies to the bordering Inhabitants , then is Wye as little as any thing thought of . By this Contrariety and Diversity of Nature , the Natives may conclude that Winter and Summer give not only the Season to Salmon , but rather that they have Laws from the Streams they glide in ; or Wales differs from all the World. The next thing that falls under the Anglers Consideration , is the Bait or Charm for the Royal Race of Salmon ; which I reduce under the Classis of two generals , viz. the Fly for Frolick , to flourish and sport on the surface of the Streams ; and the Ground-bait for Diversion , when designing to drag at the bottom . But what if I direct you a central way , that in my Opinion upon approved Practice will intice him ashore in Mid-water . Now if the Angler design that for his exercise , ( in such case ) let him make provision of fair and large Minews , small Gudgeons , or a diminutive Dace , ( with the artificial use of the Swivel to flourish his Bait ) the Brightness or Gloominess of the Day considered : But if the Ground-bait be intended , which always succeeds best in discoloured Waters ; then in such case , prepare for him a well-scoured Lob-worm , or knotted Dew-worm , drag'd forth of the Forest , or any other sterril or barren Soil , which as soon as any thing ( with dextrous management ) will compel him ashore though it cost him his Life . I write from Experience , for I am not unacquainted with the multiform variety of terrene Animals ; as you may read more at large in my following Appendix : more especially of those Worms , that are taken and drag'd forth out of a hard and skirrous Earth , which ought to be well depurated ( or scoured ) two or three days in the finest , cleanest , and sweetest Moss that fastens it self to the root of the Ash-tree ; sprinkling it first with new and sweet Ale ; afterwards remember to squeeze it forth , so operate like an Artist : but that which is better , and more concordant to my approbation , is fleeted Cream , from the benevolence of the Dairy ; which to admiration makes your Worm become viscous and tough ; and that which yet is more to be admired , they also become bright , and almost transparent : for that end I counsel and advise the Angler , when designing to approach the Deeps for Diversion , that he take some always with him to heighten his Exercise , or influence and inamour his Game . It is not so difficult to put some in a Box made of Wood called Lignum Vitae , perforated with Holes , besmearing or anointing it over first with the Chymical Oil of Bays , Sulphur , Barbadoes Tar , Ivy , Cornu-Cervi ; or indeed almost any other Oil that has but a strong and foetid Empyruma , will serve well enough , where the Oil of Oesprey is generally wanting . With these requisite Circumstantials we approach the Deeps , and the strongest Descents and Falls in the stiffest Streams ; the like we do in Eddies , and turns in back-Waters ; for the Salmon you must know loves a solitary Shade . Arm well be sure , and fish as fine as you can , ( Isaac Owldam used to fish with but three Hairs at Hook ) and forget not the Swivel , as above precautioned ; and the running Line be sure you remember . Stand close I advise you , and keep your distance , especially when approaching the rapid Fords , because there , for the most part , the Streams run clear , and you with design come on purpose to destroy him ; as it 's probable you may , provided your Art , Skill and Ingenuity do but serve to manage so eminent an Encounter . Now give me leave but to step from the Water-side to numerate and describe the various Brood of Salmon ; so to distinguish them according to Mode , or as some will have it , the Custom of the Country . Where note , in the South they call him Samlet ; but if you step to the West , he is better known there by the name of Skeggar ; when in the East they avow him Penk ; but to the Northward , Brood and Locksper , so from thence to a Tecon ; then to a Salmon . Now to recreate with the Fly , ( meaning the Artificial ) that 's another sort of Exercise for the Angler's Diversion ; which ought to be considered , and diversly consulted , in regard of so great variety of Form , Lustre , Beauty and Proportion . For that end let me advise you , that the ground of your Fly be for the most part obscure , of a gloomy , dark and dusky Complexion ; fashioned with Tofts of Bears-Hair , blackish or brownish discolour'd Wool , interwoven sometimes with Peacocks Feathers , at otherwhiles lap'd about with Grey , Red , Yellow , Green , or Blewish Silk , simple Colours , or Colours sometimes intermingled . For instance , Black and Yellow represent the Wasp or Hornet ; and a promiscuous Brown the flesh Fly ; so of the rest . For that end consult the Humour of the Fish , who to humour your Exercise puts himself out of Humour , chiefly and principally when he parts with his Life . These requisite Precautions ought to be the study of every studious and ingenious Angler , together with the knowledg of Time and Season , when to resort to the River for Recreation . The next thing necessary is the shape of your Rod , which ought in all respects to represent the Rush in its growth ; for that end we call it Rush-grown : and be sure it be streight and plient . Your Line also that must be accurate and exactly taper'd ; your Hook well compassed , well pointed , and well barbed : and be mindful that your Shank exceed not in length ; I mean not so long as when you drag with the Ground-Bait . Nor is it proper for the Artist to court a Stream , except he be always provided of his dubbing Bag , wherein are contained all sorts of Thrums , Threads , Silks , Moccado-Ends , Silver and Gold Twist ; which are of excellent use to adorn your Fly , and in a great measure quicken the sight of your Game ; provided the Day be promiscuous and dark , occasioned by smooty and discoloured Clouds . Now should I enumerate the multiform variety of Animals , the various Colours and Proportion of Infects , with the diversity of Flies , it would but redouble my Labour and Trouble ; since already I have discoursed them in another place ; where the Artist also , if he be ingenious , may consult and examine the Methods of Experiments , so make himself Master of this solitary Mystery : otherwise let him remain silent among Proficients , and a profest Ignoramus among Practitioners . And among the variety of your Fly-adventurers , remember the Hackle , or the Fly substitute , form'd without Wings , and drest up with the Feather of a Capon , Pheasant , Partridg , Moccaw , Phlimingo , Paraketa , or the like , and the Body nothing differing in shape from the Fly , save only in ruffness , and indigency of Wings . Another necessary Observation , is the Wing of your Fly , which ought to proceed from the Teal , Heron ; Malard , or Faulcon . The Pinion and Wing thereof ought to lie close , and so snug as to carry the Point exactly downward . But the last thing material is , the moderate Stroak ; which always proves Mortal , and best succeeds if used without Violence : the Line also , keep that streight as occasion requires , so that nothing be remiss , nor any thing wanting ; and the necessity of the Wheel be sure you remember . The Salmon loves those rapid Rivers , where The craggy Rocks above the Streams appear . In deepest Waters , and in strongest Streams He lives ; yet like a Martyr sometimes dies in flames . The TROVT . I have already told you that the Salmon is King in the Freshes : And now I must tell you that the Princely Trout has his residence and principality in the same fluctuating Element , partaking very much of the Nature of Salmon , admiring stiff and rapid Streams in the Vernon Ingress ; but he accosts the solitary Deeps most Months in the Winter . In the Spring , you shall observe this active Animal scud to the Fords , where he flutters his Fins at every silly Fly ; for that 's his Rendezvouz , and there you 'l find him , picking and gliding against Stones in the Bottom , to scour off , if possible , the slimy Substance and Scurf from his sickly Sides ; frequently occasioned through want of Motion . So that when the Sun vegetates and invigorates the Creation , then is he invigorated with Motion and Activity , which argues a very great and unpardonable Absurdity in the ignorant and incredulous Angler , to fancy that Peregrination debilitates and weakens him ; when apparently it adds an additional Strength ▪ not well considering they were only told so ; or peradventure they had read it in some printed Book , concluding from thence an Infallibility in the Press . But as I intend not to burden you with Circumlocutions , for brevity sake , I shall range the Trout under the consideration of the first Classis of Fish. For that end , I must signalize his Vivacity and Vigour , his Activity and Courage , how naturally they spring from the Nature of this Fish , till Age or Accident indispose and deprive him , not only of Activity , but of natural Ability ; who struggles with himself to out-do Motion , and out-live , if possible , the Law of his Life . So that to prohibite him Travel , you totally destroy him ; since he is a Fish that can't live under Confinement . And thus it happens to the Race of Salmon , for Nature's Laws are alike to both . In the Summer's Solstice he accosts the Fords , making inspection and inquisition after the variety of Emmits and Insects , hovering his Fins in every murmuring purling Stream in Rivers and Rivulets , which not only puts a Spur to the Angler's Exercise , but his Expectation also : and this , if any thing ▪ is the Angler's Elizium ; which I shall not insist upon here , because having inlarged upon it sufficiently already . In this place I shall only treat of the Ground-bait ; which most commonly is a knotted or budled Dew-worm ; much of the Nature and Kind of the former , but not usually so large as that we procure for the Salmon . Now as every Angler concludes the Trout a delicate Fish for Diversion , so others , as Artists , consult him a delicious Entertainment . But the Trout to entertain himself , as eagerly sucks in a well-scour'd Red-worm , as the wide-mouth'd Humber swallows up a full Spring-Tide . For that end , grudg him not what he loves , and give him time to digest it . Your Business is only to stand Sentinel , and to keep a vigilant Eye and a diligent Hand over him ; for Patience is not only an Exercise but an Excellency in Anglers , provided they fall not asleep at their Exercise ; especially when Angling or Troling with the Ground-bait , which upon probate proves most profitable after gluts of Rain and discoloured Waters . Nor is this Ground-bait otherwise than a Worm , variously discours'd by me at several Times , and in sundry Places . For that end ( to avoid repetitions ) where the Worm fails of Success , make trial of the Minew , in Sharps or Scours , by dragging at the bottom , or in mid-water ; which if dextrously performed ( with the Swivel ) by the Hand of an Artist , he shall seldom or rarely fail of Success . But for the Fly-fishing , if that be the Artist's Intention ; let me soberly advise him to solicite moderate Winds , rather than intemperate and violent Gusts . Rally my Reasons , and sum them up ; you will find them more copious in my former Conference , where at large I discourse and decipher both the Shape , Colour , and the Proportion of Flies ; for I hate Tautologies , because hateful in themselves ; and there 's nothing more troublesom to an ingenious Artist , than to be glutted by telling a Story twice . The Trout therefore judicially considered , his Mouth is not by much so large as the Salmon's ; nor requires he so copious nor so large a Hook , nor need his Tackle be so robust and strong . But for the Rod and Line , take care , that they in all respects be exactly tapered . And to hit the Mark as near as may be , let care be taken that the Line in every part be equally stretch'd , and the Steel of your Hook of an even Temper ; nor matters it how light you are arm'd at the Hook ; so that on the Surface , when you flourish your Fly , be sure that you gain the Head of the Stream ; and if possible , the Wind , to facilitate your Cast. But if the Ground-bait be your Exercise , then let the length of your Line seldom or rarely exceed the Rule of your Rod : whilst the Fly-Diversion grants a larger Charter , Distance and Dimension also come under the consideration of every Artist that is mindful to measure exact Proportion , by concealing himself from the Streams he sports in . So that if at any time the Fly fails of success , as frequently it has happened to my self and others , let the Angler then have recouse to the Ashtree-Grub , the Palmer-worm , Caterpillar , green or gray Drak , the depinged Grasshopper ; or that truculent Insect , the green Munket of the Owlder-tree . But if none of these Baits presented , succeed to profit ; and the Water as we apprehend to remain discoloured ; let him then assault the Trout at the Bottom , with that mortal Allurement which I call the Gild-tale : for that of all Worms allures him ashore . The generous Trout to make the Angler Sport , In deep and rapid Streams will oft resort . Where if you flourish but a Fly , from thence You hail a Captive , but of Fish the Prince . The PIKE . The Pike is a voracious ravenous Fish , that frequents the Waters , and lives always upon Spoil : for Moss-Trooper like , he murders all he meets with . And as it is impossible to find him without an Appetite , so is it as improbable to proffer him any thing that he 'l refuse . One would think him a Graduate by his various Appellations ; as that of Jack , Pickerel , Pike , and Lucit ; which makes him look big and swell with Titles , as Westminster-hall look'd blough with Dunbar Trophies . Now the Angler that consults this formidable Desperado , must search him in the Spring by examining the Ditches , narrow Grips & Gullies , where probably he may find him poaching after Mice ; and in the Avenues in Marishes hunting after Frogs , with which he trucks his Life for a Trifle . But the yellow Frog , of all Frogs , brings him to Hand , for that 's his dainty and select Diet , wherein Nature has placed such magical Charms , that all his Powers can never resist them , if fastned on the Hook with that exactness , that his Life may shine , and the Bait seem undeprived of natural Motion . Which if dextrously performed , the Angler will be convinced , that a Ledger of all Baits is the most truculent destructive Morsel in the World. But March expiring , and April on the Ascendent , his Eye-sight clears up , and his Appetite too , for a brighter Bait ; and then a small Roach , or a Bream will down ; so will a Bleak , and a small young Dace , or for Variety the Head of an Eel . But if a Junior Perch be strip'd of his Fins , or a fresh plump Gudgeon neatly link'd to the arming be but laid before him , he shall never refuse it , when so greedy of a Worm that he 'l hazard his Life for it . But then I prescribe it no approved Bait , rather a fortunate Accident in my successful Adventures . But his Winter-Quarters are the sullen Deeps , where he burdens himself with Clouds of Water , as aged People do that heap on Apparel ; when in the Spring he is all Gaity , and like the Prodigal , scorns that his Life should out-live his Patrimony . But the Summer approaching , we then consider him more circumspect , more cunning , more cautious , and under better Guards ; for then in a Deep you may search him , and probably find him ; but then you must have it at the Tail of a Ford : when in Autumn you shall find him lap himself in Candocks , at other times in Bullrushes ; and where-ever the Fry is , there is he , if not in the midst , yet he 's never far from them . I have known this Fish deluded with a Trout ; a Trout did , I say ? there 's no Fish that swims in the Freshes is such an alluring Temptation ; nor can the Pike any more resist this Charm , than he can resist his natural Disposition after Diet. The consequence proves true upon the Angler's Examination ; for the Pike has strong Inclinations after any thing that swims ; who as seldom as any Fish wants an Appetite , and by his good Will would always be eating . After this manner we discourse the Pike ; who dwells almost every where , except in the Ocean , or in brackish Waters ; but in the Lough , you shall find him there o're-grown , sometimes to an amazing bigness ; when in the River , and translucid Streams in Rivulets , his Taste is from thence transchanged to a more excellent Sweetness , and upon proof will be found much more nutricious . But his way of germinating is the same with the Salmon , to answer the Ends of Procreation , as for the most part all barrel'd Fish do , who rises early in the Infancy of the Year , and admires all Changes that the Season presents . The Pike or Lucit , is a Mercenary ; Or Anglers seem among themselves to vary . He loves no Streams , but hugs the silent Deeps : And eats all Hours , and yet no House he keeps . The CARP . The Carp is a Fish complicated of a moross Mixture , and a torpid Motion , one that loves to live in melancholy Calms , rather than to ramble in the rapid Rivers and translucid Streams . Ponds and Pools are generally his Palaces , where he loves good Eating , but seldom or rarely travels far to fetch it : who as seldom as any Fish exceeds the compass of his Colony , nor ever attains to that maturity of largeness , where there 's rapid Rivers , and swift gliding Streams , as he does in the Lake or solitary Lough . The Antients were of Opinion , and so am I , that Travel extenuates and lessens Growth ; and that in the Rivers and spacious Rivulets , every Master Fish pleads a right of Possession ; whereby Acts of Hostility are hourly commenced , with the loss of Life to the weaker sort ; at least of his Habitation , when a stronger than himself claims a right of Possession : for when to consider the antipathy in Fish , as the secret animosity that lurks under the Flesh , it 's no wonder that the great Ones eat up the little Ones . And this our daily Experience , as a Monitor , discovers unto us , the Antipathy and Animosity Fish have in the Ocean ; for Antipathy will be Antipathy as certainly as Sympathy is Sympathy , notwithstanding the Nature of Climat , Constitution , or Element . Since therefore we have signified the Residence of the Carp , it 's but requisite to proceed to tell you what he loves ; and that is soon done , if you cast but your Eye on the blooming Hauthorn ; for then your Carp-angling begins to commence , which terminates in August , as the Vulgar would have it : but this Rule admits of too many Exceptions ; for all the Summer-season , more especially in a dropping and moist Air , he bites without dispute , if he likes his Commons , and you but cautious enough to conceal your self , who as rarely as any Fish quarrels with the fineness or coarseness of your Tackle ; which deserves a serious Consideration , in as much as Neatness and Fineness are requisite and necessary accomplishments in any thing of Art , more especially that of Angling : and the Bait to surprize him is less difficult than any thing , because by every Angler so generally understood ; which will shorten my Discourse , and invite me to a Conclusion . But before I close , let me tell you what he loves ; and that 's the Unctuosity of the purplish Dew-worm , provided you depurate him from all Impurities , to remonstrate his Beauty and Lustre of Life . Examine him but with this Bait to free me from Suspicion , and remove the Censure of clamorous Anglers , that oft-times repine at their own Undertakings ; but that I cannot help , they may use the Lob-worm if they please , which if they rightly order , will ( I 'le assure them ) turn to good Account , more especially if perfumed with the Oil of Annis . But my Observation leads me to another Curiosity , and that is Paste . But of Pastes ( let me tell you ) there are as many sorts among Anglers , as there are Saints-days in the Pope's Kalendar : but this hinders not but that Pastes may be effectual , more especially when commix'd and compounded with fine Bean-flower , English-Honey , and poudred Sugar , amalgamized or mingled with the Yolk of an Egg ; and if the Fat of an Heron be supperadded to it , it makes it not the worse ; but the Marrow of a Heron makes it much more the better . Besides , sometimes he loves a taste of the Dairy-Maid ; as at other times he affects the smell of the Shambles , because a great admirer of clotted Blood ; or almost any thing when he is in Humour . Now as Operation in Artifice is the Corona of Art , so Demonstration in Science is the ultimate End of Experience . I forfeit neither my Reason nor Opinion in this Assertion : nor do I in my Arguments undermine those Artists that practically and experimentally understand the right use of the Worm ; though some with Honey and other Dulcids have sweetly allured him , and some others with Tar ( supposing him a Tarpolin ) have summoned him ashore ; yet I declare upon practice , that if the Worm do not pleasure him , the Angler may mingle Despairs with his Sports . But then let him consider the Complement of Licorish , or the homogeniety of the Oil of Annis , Cummin , or Assafetida to furnish it with a Hogoe , which in my Opinion surpasseth the camerial Oil of Oespres : yet not that I altogether doubt the truth of so famous a Secret , celebrated by the Antients , but rather the rarity of so admirable a Discovery ; such another some fancy is that of the Phenix . The Carp's no Courtier , nor a Country Guest ; Yet answers both , all after as he 's drest . He loves the silent Deeps , in Ponds and Pools ; A Dish for States-men , or a Mess for Fools . The PERCH . The Perch is a well-disciplined martial Fish , of much more Mettle , Gallantry and Courage than the Carp ; though not almost , but altogether of as slow a Motion ; and though as free from the taint of Controversy , as the Wax is free to submit to the Impression of the Seal , yet he never enters the List but he always arms himself . It 's true , he 's a Volunteer that lives above fear ; nor dreads he that any thing of Art can invade him : nay though he see himself surrounded with Danger and Difficulties , and immured with Rocks and ruinous Decays ; yet he will shew himself as prodigal of his Stock of Life , as any Fish living that floats in Water . It is true , I must confess , that he is a great admirer of smooth Rivers , but the rapid Streams in Rivulets he seldom or never frequents , notwithstanding him so bold and daring a Fish ; Nor is he of any great Activity in the solitary Lough ; and would to his liking use as little Exercise in the River , did not the Streams sometimes invade him , which makes him more active than otherwise he would be , because of Self-preservation . Which still strengthens my Opinion of preferring the River-Fish in excellency to exceed those in the Pond : though peradventure Travel mitigates Growth , ( as we formerly discours'd ) yet it most generously compensates the Gusto ; for every Fish that comes cautiously by his Commons , is by so much the more confirm'd delicious , and if I mistake not as nutricious also . Now would not any Man think those Conceptions very sordid , to prefer the Goose to the Gossander ; and vie the Hog with the Hind ? It 's true , some hug and imbrace the Vision of remote Novelties , because to fancy that Distance and Difficulty make things rare ; so it may well enough , for it makes them dear . And what would it signify to a rural Palat , was that Palat by foreign Curiosities daily impos'd upon ? Besides , it 's Treason in the abstract , against the Law of Bounty , for any Man to imagine Partiality in Nature , since every thing is destinated by an immutable Decree , to answer the primary Ends ordained . The great Work-master needs no contribution from the Mine to enable him to infuse Virtue into the Creation ; nor needs he to borrow any thing from the Creature , since the Creature is only the marginal Note of the Universe ; the Creation it self being the stupendous Volume . But as every thing naturally adheres to its own Like , and Semblances partake of their own Properties , Stars then were not made meerly to gaze at , nor Elements but as Vortrices for corporeal Reception ; otherwise how could Birds divide their ambient Air , or Fish force a Passage through the fluctuating Ocean , where sometimes the treacherous Net betrays them ? yet so resolv'd are they with contempt to Cruelty , that they scorn to petition a Reprieve for Life , but rather submit themselves to be tortur'd to Death , by the tormenting Hand of the scarifying Cook , that dispenseth with Art to elevate the Appetite , if when only to make it pleasant to a generous Acceptation . But to look for the Perch , you need not go far to seek him that is to be found almost any where , if you please but to step to the Suburbs of the Streams of Trent , or the solitary Deeps near the rapid Streams in most Rivers and Rivulets in the Circle of England ; if examined at the Bottom , for you may search and find him under hollow Banks , Eddies , Pools , Miln-Pits , Turns of Streams , at the Tales of Sluces , Flood-gates , and back-Waters , near to the Stumps of Trees , Wier-heads , Stanks , Candocks and Bull-rushes ; but if there be any ruinous Decays , there you will certainly find him that is to be found : Indeed one would think him a piece of an Antiquary , because he loves to be rifling among Ruins . Now presupposing you have found him , what is next to be done ? that ought to be considered , in regard it 's the Angler's Care and Study to accommodate him like an Artist , with what he loves . But you will ask me what that is ? And I readily answer , and tell you , not with coarse Tackle , nor a slovenly Bait : for though the Carp is not squeemish , nor the Perch shame-faced , yet he hates Rudeness , coarse Tackle , and slovenly Commons ; greatly admiring Dew-worms if well depurated , Cankers , Caterpillars , Cod-worms , Grubs , Brandlins , Minews , and the junior Fry of small Fish ; these Novelties affect him to a change of Element , who lays down his Life for what he loves . But the Charm of all Baits that invites him ashore ( as Fancy is seldom unfurnished with Invention ) is that truculent Mortal the Gild-tail ; which sooner than any thing sends him a Summons of Death ; for which at any time he shall give you his Life , and that is as much as the World has to part with , nor hath he any more than himself to give . Now let the Angler that would fish for Perch , The Turns in Rivers , and back-Waters search . In deepest Lakes the largest Perch you 'l find : And where the Perch , is Kind will answer Kind . BREAM . The Bream , though we grant him a flegmatick Fish , and a Fish as naturally as any Fish addicted to Ease and Idleness , yet he enjoys himself as much in limpid Streams as other Fish do that seek Sanctuary in solitary Lakes . And as he hates rambling far from Home , so he abhors Correspondency with those that do ; contenting himself with torpid Streams , and hugs his Fancy in solitary Deeps . Trent I have observed for the Race of Bream , may challenge all England , nay all Europe for ought I know , more especially near those Streams that wet the Ports of Gainsborough ; where sometimes he washeth his Fins with the Eagre , and arrives there to that amazing bigness , that I blush to report it , lest the Reader should suspect me . Indeed the Bream is an excellent Companion , if you can but get him into humour to bite ; which may easily be done , if you do but treat him with the compost of Paste ; for that will insinuate him into the Pie , where his Bones will absorp , and his Flesh amalgamize with fresh sweet Butter ; which being dissolved , will entertain you with a nutricious Liquor , that for phlegmatick Humours is both Physick and Diet. I never knew any Angler ( except it was one ) that singly devoted himself a whole day's Diversion , in order to court and entertain this Fish ; nor do I remember him inroll'd in the Angler's Catalogue , among the first Classis of dignified Fish. For that end therefore , as I intend brevity in his Description , so give me leave to shew you the readiest way how to surprize and take him . But then you must consider him no constant Companion for all Constitution of Rivers and Rivulets , though our Southern Streams frequently enjoy him , except otherwise they prove too rapid and forcible ; for if so , then he takes up his Residence in calmer Streams , that enamour him with Bull-rushes , at other whiles with Candocks : whose Recreation is little more than the limits of his Confinement ; from whence he seldom extravagants himself , until compell'd from thence by the Mediums of Art , as at other times by Inundation , or Deluges of Water , that send him sometimes a Goal-Delivery . But the variety of Baits to allure this Fish being so numerous and various , I shall confine my self only to a few ; which upon examination will be found effectual . Compound therefore a Paste as formerly described , of Honey , intermingled with a little Brandy , Bean-flower , and the Yolk of an Egg ; which you may , if you please , tinge with Gambogium , Vermilion , &c. This Bait sometimes , as soon as any thing , entices him ashore . But in regard he is a Fish inconstant as to Diet , some therefore feed him with Gentles , and not without good Success ▪ some others with Grubs , and othersome with Caterpillars ; but better is that of Cod-worms : and sometimes any thing will do , if he be in Humour . But then you are to consider he loves early rising , and is ready for Breakfast by break of Day : so that if his Commons affect him , and you so fortunately happy to meet with a cloudy gloomy Morning , you may engage him for ought I know , to keep you Company till the solitudes of Night ; which a well-scoured red Worm will sometimes do , and so will Cheese , for he loves the Dairy : but all the World cannot make him Fly-proof ; yet a Brandlin makes his Teeth water . But the Gild-tail , as above , is such an invincible Charm , that all his Powers cannot withstand it ; but he will come ashore in despight of Death . Now if the Angler fish in Thames for Bream , Or famous Trent ; ne're let him search a Stream : Deeps most allure him , so do Eddies too ; For near to Banks and Stanks he lies purdue . TENCH . The Tench of all the Families of Fish is both Physick and Physician ; of a balsamick , nutricious and medicinal Nature , that fortunately Cures when others Kill ; and distributes more Good than Hurt in his Colony . It 's true , he is Sought for by every Angler , though obtained by few ; and the diseased Fish that finds him , finds a Cure , and that 's a reward answerable to Diligence . Now as every Stream courts this physical Fish , yet but few Rivers in the Nation enjoy him , who for the most part inhabits the Pool ; yet are not the Rivers denied him for a publick Good. I cannot deny that he loves deep Waters , more especially those that are of a torpid and slow Motion ; such upon examination he greatly admires : nor shall any Man over-rule him , nor at any time perswade him to be out of conceit with Flags and Bull-rushes . I have already told you that he is Medicine and Physician ; and now let me tell you he 's a delicious Morsel . That Angler that knows any thing of Angling , must of necessity know that the Tench of all Fish is no Fish of Prey , and one that lives upon as little Food as any Fish that wags a Fin ; but then he must have it choice and delicate , wholsom and juicy ; and truly he well deserves it , since so little serves his turn . Search well therefore in the solitary Deeps , and there as soon as in any Place you 'l find him , as if by Nature destinated to a cynical Life , which the Ignorant impute to a want of Exercise ; not well considering it 's no part of his Business to ramble in the Rivers , to expose himself to Ruin : which makes me fancy that but a few junior Piscatorians have thorowly consulted this Aesculapian , who beyond dispute is of a Balsamick Nature ; whose slimy Sides administer Relief , if when but to glance upon his fellow-Creature . So that I think it worthy my Management and Undertaking to draw forth some Directions how the Angler may surprize him with our innocent Artillery of Hook and Line ; which will be enough , as I conceive , to convince him , if in Season he please but to make a trial . In the South of England , where the Fields are fertil ( so in the North , though more uncultivated ) this piece of Curiosity is frequently discours'd among Anglers , meaning such as out of a Fancy , or foreign Curiosity , have undertaken to feed him with Tar and Rye-bread , supposing him a Tarpollin ; and not without success , whilst some others have diverted him with various Pasts , using 'em as an Argument to make him Pie-proof . Then again some have fed him with English Honey , the Yolks of Eggs , and the Oil of Annis , commassated and mingled with fine Bean-flower ; this Bait is better approved of than rudely to choak him with toasted Cheese . I own I must confess there be many ways to feed him , though to my certain knowledg ( except in the Pond ) there are but few places to find him in . He therefore that solicites a sight of this Physical Fish , and impatiently longs to hear him rumble in the Panier , let him follow my Advice , with well-scoured Dew-worms , kept very sweet in cleanly Moss ; and if that prove ineffectual to answer his Design , then let him provoke him with the Flag or Dock-worm , which will certainly answer the Angler's Intention ; otherwise let him blame both me and my Directions . The Tench best loves those torpid Waters , where The Deeps are shaded well with Reeds ; and there The wounded Fish that could not long endure The Smart and Pain , finds him , so finds a Cure. BARBLE . The Barble , though experienced a resolute Fish , yet is he as shame-faced as any of his Fellows : And as he hates to quarrel , so he abhors an Affront ; but reserves his Strength , Activity and Agility , till the Rod or the Net prove his Examinant ; whose Belly or Spawn may be eaten as Diet , but then it proves in operation but churlish Physick ; not that I assert it my Opinion only , let Experience upon Examination better instruct you . Now when the Angler comes to the Water-side , and brings what he loves , he courts a Familiarity , though his Credit of late has been much impair'd in the Cook-room : which possibly may proceed from the ignorant Order of such as study rather to gratify their voracious Appetites , than the curious Methods of the Art of Angling . However , Isaac Walton has provided a Cook , that in his Opinion can dress him well enough , whose Arguments beyond dispute , had indubitably miscarried , had not his Wife had a Finger in the Pie. Thus he , and some others , dress Fish before they catch them ; but I approve it requisite to catch them first , and then at your leisure dress them afterwards . The Barble , so named from his Barbs or Wattles , most passionately admires the depth of the River , at the tale of a Stream : where you shall usually find him sucking of Soil , and lying purdue for Worms and Insects , or any thing else that is sweet and edible . And by how much the stronger you observe the Stream , by so much the more strength has the Fish that inhabits therein . And if there be Rubbish , or any sort of Lumber , for his part he likes it never the worse ; and if ruinous Decays , or great Stones in the Bottom , so much the better for his Security , whose Provision is rarely any thing else , save only what Nature daily provides him . Nor is he numbred among the Fish of Prey ; nor is he a Glutton , yet he knows how to eat ; nor is he over-curious to court for Varieties , though some feed him with Paste , and their Liberality he retaliates ; and some proffer him Cheese to close up the Orifice of his Stomach , them he also gratifies : and some give him Worms well depurated and scoured , for which Modicum he contributes his thanks : but he that would feed him to death with a Dainty , must bring him a dish of Salmon spawn . The Barble courts the rapid Torrents more Than solid Deeps : strong Streams remote from shore Oblige him most ; because the strongest Streams Bring him supplies , the Rod brings only flames . CHEVEN . The Chub or Cheven is a Fish of a supine Nature , yet of a robust and rural Disposition , had he but a Heart to manage his Strength ; who upon examination is by every one understood better for Diversion by half than Diet : a coarse feeder , and himself as coarse to be fed on ; yet of such a voracious Appetite , that he scorns to see any thing that he cannot eat , if another Fish can ; but my Modesty constrains me to forbear mentioning it . Now the Spring approaching , every thing inamours him , for then he haunts the Fords for fashion . 'T is true he 's an early riser , that will sport the Angler at break of Day , provided he furnish him with Codworms , Cankers , Caterpillars , Cow-dung-Grubs , Gentles , Pastes tinctured with Cambogium , &c. But then you must cautiously obscure your self , and appear like an Angler least in sight . Yet still there 's another way much better to surprize him , that is by dibling on the surface of the Water , if circumspectly you conceal your self behind a Bush , or the more private and solitary shade of Trees . But your Engine for this encounter , is a Natural Fly , either the Flesh Fly , the Bank Fly , the Gray or the Green Drake ; but the Green Munkit of the Owlder-Tree excels all the rest , as the Sun in Excellency outlustres the Stars . Moreover you shall find him gaping after Grass-hoppers , or any other Insect that presents in season . And since nothing comes amiss , so nothing distastes him ; and where the Locust is , there is he ; which if well examined to the Center of the Calms , he shall recompense the Examinant with the reward of his life ; always provided he but separate the Body from the Leatherish Wing , which by reason of its Viscuosity is rarely digested ; nor is it otherwise by him well accepted . 'T is true , with green Cheese some Anglers do treat him , but then it succeds best at the tale of a Stream ; at the fall of Fords , into the solitary Deeps . And that you may know he affects variety , let the Artist at discretion exchange the Dairy Maid's Commons , for the beauty of a bright and well-scoured Red-worm , or the head of a Frog , in April or May , or a black Snail sometimes in a dewy Morning . These invitations make his Teeth stand a water . But for Salmon-Spawn if you bring him that Novel , you do your Business , and his too ; and shall have no cause I 'll assure you to repent it , when upon so fair an exchange , he trucks away his Life for a trifle . But September approaching , you must bring him Beef Pith , for which he shall sacrifice all he has , and give you his Carcase in exchange for his Commons . What 's more to be desired by the rule of Discretion , except the Angler be so indiscreet as not to accommodate him ? The Chub of all Fish in the Silver Trent , Invites the Angler to the Turnament ; Where near a Stream you 'l always find him ready To meet the Bait before it meets the Eddy . GRAILING . Umbar or Grailing is an amorous Fish , that loves a frolick as he loves his Life , whose Teeth water after every Wasp , as his Fins flutter after every Fly ; for if it be but a Fly , or the Product of an Insect , out of a generous Curiosity he is ready to entertain it . Smooth and swift Streams more than any thing enamour him , notwithstanding he declines the force of a Torrent : Nor shall you perswade him to quarrel with the gliding Streams , provided they be sweet , clear and shining . It is from these translucid Streams that the Hackle , and the artificial Fly court him ashore . But of all natural Insects that accommodate the Art , the green Drake is that sovereign Ophthalmick that opens his Eyes , and shuts them again , with the hazard of his Life , and loss of his Element . Yet for this Fly-admirer , there is another Bait , and that is the Munket , or a Seagreen-Grub , generated , as I take it , amongst Owlder-Trees . The like Product issues from the Willow , so does it from the Sallow ; nor is the Primp-fence denied this vegetable Animal , save only they are different in Splendour and Colour , as also as different in Shape and Proportion . Take then this Insect from the Owlder-Tree , to refute the Hypothesis of the incredulous Angler ; which if ingeniously cultivated by the Art of Angling , will upon proof of a well-manag'd Examination , invite Umbar or Grailing from the top , or mid-water , to kiss your Hand , or I 'll break my Rod and disclaim the Art. Well then , as we consider the Umbar not over-curious of Deeps , we must consider him also not over-cautious of Shallows , contenting himself with a middle Fate , that directs him to the smoothest and stiffest Streams , dedicating and devoting himself to Motion , because a great admirer of Peregrination ; and though not so generally understood as the Trout is , yet give me leave to tell you , if you fish him finely , he will keep you company , either in Darwin , so in Dove , or in the glittering silver Streams of Trent : Pray therefore when you fish him , fish him finely , for he loves Curiosity , neat and slender Tackle ; and , Lady-like , you must touch him gently , for to speak plain English , he is tender about the Chaps , otherwise perchance you defeat your self , so lose your Design . A Brandlin , if any thing , will intice him from the Bottom ; but the Gild-tail , of all Worms , upon change of Water , will invite him ashore , tho it cost him his Life . Vmbar or Grailing in the Streams he 'll lie , Hov'ring his Fins at every silly Fly. Fond of a Feather ; you shall see him rise At Emmits , Insects , Hackles , Drakes and Flies . BVRBOLT . The Burbolt is a Fish so rarely discours'd , and of so little conversation with other Fish , that it 's as difficult to find him , as it is to describe him , who differs in Nature from most other Fish ; so that if the Angler be not very ingenious , well educated and disciplined in the Rudiments of Angling , he undertakes a Task he can hardly perform , either to describe his Nature or his Haunt . I know there are some Rodomontadoes of the Rod , that wilfully and extravagantly will arraign their Faith , and rest it upon the mouldy Records and frothy Opinion of slippery Authority , whereby to confirm themselves in the vanity of Tradition , as also to gratify the Zeal of Putationers . For that end I must tell you , and you may tell others , that the silver Streams of triumphant Trent , as frequently as any Streams , stroke the scaly Fins of this famous Fish , who loves to live by them , but cares not to live in them , rather absconding himself in Eddies , and sometimes in Arches , not far from Streams and Torrents of Water , where he is frequently found by the industrious Angler : for to search him striving against a Stream , is like to Q Elizabeth's Scogen , that at the Sun's Meridian ( with a Candle and Lanthorn ) sought up and down for an honest Man : So to rifle the Streams in Trent , or any other River for this incognito , is but labour in vain , to seek for him that hides himself from the rest of his Associates in solitary Recesses ; a lively imitation of Diogenes in Dolio . The Burbolt therefore we are to consider him a Fish , that as rarely as any Fish travels far from Home to fetch his Food ; from whence we conclude him not over-cautious , whatever it costs him , that values not his Life to purchase what he loves . And Fashion he affects not , nor the Formality of Novels ; who contents himself with Country-Commons , rather than to ramble up and down for Varieties ; yet would have it constant , though not over-costly : who betters every thing by his own Delicacy , because himself is a delicate Morsel ; but seldom tasted , and as rarely consulted . Which makes every Angler desirous of him , since he that takes him gets a Reward ; which a well-scoured Red-worm certainly accomplishes , as soon as any thing except the Gudgeon , for that 's a Charm that compels him ashore . To write the Burbolt's Epitaph ; he dreams That baulks the Calms , to search him in the Streams . That Angler that will court him to his Dish , Must bring him Gudgeons to obtain his Wish . FLOVNDER . The Flounder is a Fish that bites before any Man's Face , not dreading the Aspect of an Invader . It 's true , he 's a Fish that 's as bold as a Buccaneer ; of much more Confidence than Caution , yet nothing more curious ; one that loves good Meat , and is good Meat himself ; whose Appetite is open as early as his Eyes , and contemplates Day before Sun-rise , frequently busying himself about Break-fast , half an Hour sometimes before break of Day ; and delights , I must tell you , to dwell among Stones , so does he among Stakes and gravelly Bottoms : besides he 's a great admirer of Deeps and ruinous Decays , yet as fond as any Fish of moderate Streams , and none beyond him except the Perch , that is more solicitous to rifle into Ruins ; insomuch that a Man would fancy him an Antiquary , when to consider him so affected with Reliques , yet of that undaunted Courage , that he dares to feed before any Man's Face , provided there be but Water enough to cover him , though not to conceal him . Moreover , he adheres so close to the Bottom , that a Man would think him inoculated to it , or at least an Inmate in another Element . For that end let us consider the Flounder a resolute Fish , and one that struggles stoutly for a Victory with the Angler , and is more than ordinarily difficult to deal with , by reason of his Built , which is altogether flat as it were a Level ; so that if it happen your Tackle be fine , and the Bottom , as it sometimes falls out , to be foul , you run the risk of your Adventure and Artillery . Now some Folks , beyond measure , admire this Fish , because opinionated he is so nutricious : And truly he 's good Food , which makes him so desirable , though seldom or rarely not over-cautious to come by , if the Angler be industrious but to bring him a Bait that he likes , and that is but reasonable . Present him with a Lob-worm , he 'll retaliate your Courtesy ; or in exchange , a depurated Dew-worm , he 'll not be ungrateful , for he loves variety of all sorts of Worms , the Tag or Tagil , besides Bradlins and Gild-tails , which will at any time intice him to die for what he loves ; for you must know he 's a Fish so fond of a Worm , that he 'll go to the Banquet tho he die at the Board . He that intends the Flounder to surprize , Must rise betimes , and fish before Sun-rise . But if the Sluggard cannot rise so early , Let him nod on , perhaps at Noon he 'll parly . EEL or CONGER . The Eel insinuates himself into all sorts of Waters , and can live in a Stream , or without it ; in the deepest Pit , or the shallowest Rivulet ; in dirty muddy Ditches , and silty owsy Bottoms ; or in rocky Cavities in any Rivers , wetting his Fins sometimes with the Ocean . Now some are conceited that Eels are Insects , and content not themselves with the Law of Germination : And if so , then it seems that Nature was more unactive about the Race of Eels , than other Animals committed to her Conduct ; because to protrude and thrust them forth as Inanimates , after the manner of Vegetation . Such are the ignorant Conceptions of Gesner , and the unthinking Rabble of his ridiculous Proselytes ; who , because to suck in such pernicious Principles , have tainted , nay poisoned themselves by infecting others : For had they but considered that Eels have Eggs , ( tho not so long as other Fish to bear them about them ) without dispute it would expose some of them to a Blush , if when to reflect on their erroneous Rashness , that causeth the Artist to laugh at their Ignorance . But that Eels do germinate , is past dispute ; for if the Roe , or Spawn , be the Product of Germination , then Eels , as other Animals , may germinate in specie , because furnished with all the Qualities for Germination ; as is observed by the female Fish , whose burdened Belly in the Spring ( if examined ) will sufficiently convince the Incredulity of such as would by Advice be better informed , whilst permitting others to content themselves with the vanity of Ignorance , that Eels are Insects . The Eel therefore , you shall find him in Caverns , and the Cavities sometimes of hollow Rocks , Grips and Gullies , devised on purpose by Engineers for the draining of Grounds : Or else you may observe him in Holes or hollow Banks , the Flaws in Bridges and broken Breaches , occasioned sometimes by Inundations of Water ; out of which Abscondments any Man may angle him , that contrives but a Worm neatly on the end of a Wand ; which Artifice is Probing , and some call it Proking ; but we dispute not the Term. Now a more expeditious Invention , though not half so genteel , is that Engine or Artifice some call a Gleave , but some others the Eel-spear . Then there 's Bobbing with a bunch or cluster of Worms , strung upon Threads , non-commissionated by Anglers : Yet Night-hooks were never prohibited , nor need they , since the Eel bites in the heat of the Day . You must therefore consider him a Fish of an odd Humour , that the sight of a Worm shall tempt him ashore , though he sacrifice his Life to the Lust of his Adversary . The Eel and Conger lies in sandy Bays , On gravel Beds , and sometimes in Decays . In hollow Banks or Stanks , in Bridges there You 'll find this Fish as soon as any where . LAMPRE . The Lampre ( or Suck-stone ) frequently accosts the Streams in Severn , and is conversant also with many other Rivers in the Kingdom of England . A Fish that makes more sport in the Pie than the Pool ; but of no great acquaintance nor familiarity with Anglers ; and that is the reason he is so little discours'd , as if there were no such thing in being : But assure your self there is , and the plenty of such in the River Cam , and some other Rivers , as Thames and Trent ; that I dare to assert and divulge them numerous : But as torpid Deeps do not always delight him , so transparent Streams do not altogether transport him ; nor admires he the Torrents of rapid Rivers : And because no constant Housekeeper , we have considered him as unconstant to Diet. It 's true , I have no Commission to assign him a Traveller , and yet he is seldom or rarely at Home . At Home did I say ? surely I mistook my self , because he has no Home to go to , who lives like an Intruder , insinuating himself into all sorts of Company , and puts a Foot under every ones Table : for we find him a Fish altogether in suspicion ; therefore seldom admitted among the scaly Society ; who prefers Sand and Gravel-beds infinitely before muddy Recrements ; and loves to be casting and sucking Stones , because it 's a great part of his Life and Maintenance ; except otherwhiles he stumbles upon Offil or Garbage , which if he do , he feasts himself like a Country-Farmer ; when at other times , like a shotten Herring , he is forced to take up with shorter Commons ; and such are the roots of Segs and Candocks , which assign him a sutable Sauce to his Diet. I never yet knew an Angler with the Rod , that designed a Day 's Diversion with this piece of Suspicion . It is true , I have heard him variously discoursed , and perhaps as often as other Men , have seen him make Circles in his own Element , but irregular ones out on 't ; for I have been at his Death sometimes with an Instrument , and sometimes without it ; but never at his Destruction with the Rod and Line . The next enquiry will be , how we shall surprize this Argos , and reduce him , in some measure , to the Angler's Designs . In order to that , some court him with Loaches , some with Minews , some with Dew-worms , a small Gudgeon , or toasted Cheese : but the Maw of a Beast best pleaseth him of any thing ; and truly I fancy it the most natural Bait for such a kind of a nasty Fish , that nothing can surprize but the noosed Net ; except he happens to meet with the berbed Speer . The Lampre loves a gravely Bottom best , And 's fam'd for Pie-meat more than all the rest . I needs must say the Angler takes a Prize That takes this Argos ; or this Fish All-eyes . ROACH . As the Roach is no costly Fish , so is he not over-curiously enquired after . He that seeks him , without difficulty finds him as early for breakfast , as the Sun salutes the Creation ; whose habitation is found bordering upon Banks , in Eddies , small Turns , and meandring Streams ; and where there 's a Bush in the Suburbs of the Streams , there you shall find him sheltring himself ; when recruits of Rain force down the Freshes , and drive the Soil from off the fertil Fields ; for then you may fish him , and not go far to find him : when at other times , more especially near the approaching Winter , he houses himself in the more solitary security of Candocks and Bull-rushes , in Depths of the Water . but whilst we paraphrase and discourse the Roach , we but decipher and interpret the Rud ; since Nature's Laws are alike to both , for both have but one Fate and Period , though of different complexion in Fin , having natural Inclination to long and warm Days , to small and trilling Streams , yet neither of them lovers nor admirers of Travel : by which you may guess , that seldom or rarely they are found far from Home ; for placing a Content in their little Confinements , shews their unwillingness to examine the extent of their Confines . Now you are to consider the Roach a great Fly-admirer , who examines the Season by the Sun's distribution of Heat , that generously warms and nourisheth the Creation , by giving a new Life after the Death of an expiring Winter . And since we observe him so inamoured with Flies , care must be taken to bring him what he loves ; and that is the Ant , when Insects come in , for which servile Gratitude he recompenseth the Angler . Or if in the mean time he be accommodated with Bank-flies , small Flesh-flies , or a well-scoured Gentle , he doubly retaliates , when he gives you himself . I have given him Brandlins , Bee-grubs , Cow-Grubs , Cabbage-Grubs , Cankers , Caterpillars , Pastes of all Compounds , and of various Tinctures ; for which he never was ungrateful : but he that brings him the yellow Cod-worm , brings him what he loves , for his Patrimony can never purchase the Prize , but submits to the Charm , and proffers himself to the Angler . The Roach ( or Rud ) not greedy of promotion , Loves Ponds and Rivers , better than the Ocean . In solitary Pools they spend their Time ; And Travel hate as an immortal Crime . DACE . The Dace or Dare is the Fresh-water Herring ; a Fish that is common and constant ; one that loves to divert himself , and is the Angler's Diversion : for it 's rare to come to the Waterside , and find him out of Humour to bite . Now to tell you where he lives , I need not ; for you shall find him in most or all the Rivers and Rivulets in England ; and to acquaint you with what he loves , is needless , for there 's nothing that is edible he 'l at any time refuse . Hot Weather allures him forth of Deeps ; for warm Days invite him abroad for Recreation , because then he bathes himself in the glittering Streams ; but when affected with Cold , he dives into the more solitary Deeps , as most or all other Fishes do , that burden themselves with Water , as Age is burdened with Diseases and Infirmities . But at the Period of bright Cinthia's Progress , when the Sun and long Days have consumed the Recrement of the expiring Winter ; then you shall find him sporting , and picking among the gliding silver Streams of Trent : so in most Rivers in the confines of the Kingdom ; where you may recreate your self , and refresh him with a Bank , Stone , or Flag-fly ; as the Opportunity of the Place , and the Season of the Year presents . For in the Vernon Ingress , if you proffer him Drakes , either the green or the gray Drake , he will never refuse them ; or should you invite him with their Shadow ( viz. ) the artificial Resemblance , you complement him with a Curiosity : But the natural Fly , more abundantly than the Artificial , contributes to his Humour . But his Ground-bait is the Brandlin , if well purged in delicate sweet and new Moss ; or a fair large Gentle , well depurated and scoured in Bran : but the yellow Cod-worm excels all the rest ( as a Flame in Bowdie excels all Colours ) provided it be adorned with the Head of a Fly. This is the Charm that invites him ashore , and as soon as any thing brings him to Hand . The Dace of all Fish is the daring Fish To sport with Flies , and after in the Dish He 's not to be despis'd ; because his end 's To sport the Angler , and to feast his Friends . RVFF . The Ruff , some call him Pope ; but call him what you will , for I suppose he obtained that Title from his infallibility of biting ; which he seldom fails to do , if the Angler happens to come where he is , and that is almost every where . This little Desperado , tho he wants Conduct , yet has he Resolution and Courage enough to encounter Death ; who seldom as any Fish gives an Affront , yet rarely or never refuses the Combat . It is true , he is Cautious , but not Contentious ; more a Hero than a Hector ; who never flies , except at the Face of his Enemy ; and is for the most part constant in Victory , save only when encountring the victorious Angler . This little Buckaneer arm'd at all Points , consorts the Angler , and entertains him at all times , provided he seek for him near the solitary decays of broken Bridges , ruinous Foundations , and the Roots of Trees . Besides , he loves Bull-rushes , Beds of Segs and Candocks , where frequently you may find him . So in Eddies , turns in Water , but in meandring Pools you will rarely miss of him ; and where Stumps , Stakes , and hollow Banks are , there is he to be found ; otherwise conclude he is not in that Colony . This little resolute Animal , his Stature considered , is of as great resolution as any Fish that wags a Fin , and as generous and profuse of his Life as his Lordship : not unlike the Prodigal , that hates to out-live his Estate and Patrimony . The Angler therefore that would civilly treat him , ought to bring him what he loves , and that you know is but requisite and reasonable ; and where-ever you find him , it 's a hundred to one that the whole Armado is not far from him ; since for the most part they move all in a Body . One would think them Mutineers , because all of a Piece ; for if you hang but one , all the rest are in danger . Nor will they revolt , or retreat from their Diet , since every one resolves to eat till he die . I fancy them somewhat of the Nature of Negroes , that expect after Death to return back to the Goldcoast ; for if you bring him but a Brandlin , or a well-purg'd Gild-tail , he shall shew you his Face , and leap into the Pannier . The Ruff , or Pope , inhabits little Holes , Betwixt the Artick and Antartick Poles : Who seldom quarels ; yet can't well dispense With an Affront , who arms for his defence . GVDGEON . As the Gudgeon is a most delicious Fish , so ought he to be most delicately drest ; and because the Angler's , and every one's Entertainment , therefore he 's preferr'd before many other Fish that make not so fine a show in the Platter . It 's true , there 's no fear to surfeit of a Diet that 's so naturally nutricious , and converts all into Nourishment , without the Law of Physick . This piece of curiosity is a curious admirer of limpid , clear and cristalline Streams , more especially when surrounded with gentle turns in Rivers and Rivulets , that have sandy Bottoms ; and if paved with Gravel , it 's never the worse ; who almost to a Miracle affects Cleanliness in eating ; and as he loves his Life , loves that his Meat should always be well washed before he eats it . This fresh-water Smelt seldom or never roves abroad as other Fish do , to recreate himself with Insects and Flies ; but contents himself at home with a Gentle , rather than to ramble abroad for Varieties : for to speak plain English , his Life is in danger , and Sentence of Death pronounced at the sight almost of every master-Fish . But the Brandlin he adores as his select Modicum , and the Gild-tail sweetens all his Diversions : so that if either be brought him to sport and play with , he would have it vivid , but not livid ; and sweetned and adorned with an odoriferous Perfume . Now some Anglers have been pleased to write various Encomiums on this little curious piece of Mortality ; and they do him right : for he is a Fish , that not only entertains the Angler with the Rod , but as if there were a familiarity betwixt them , nibbles at his Toes , whilst he muddles in the Streams ; diverting not the Angler only , but the Salmon also . Besides , the Perch admires him , and the Eel , and the Burbolt adore him . So do many other Fish , but the Pike above all Fish no sooner sees him , but his Teeth water till he taste of the Dainty . The Gudgeon loves the Water , sweet and clear : In freshest Streams , and smallest Turns , he 's there . Lock till you find him ; then you find your Wish , If for a Banquet , or a Bait for Fish. BLEAK . The Bleak or Whitlin is the Summer Intelligencer , and more of a Masculine than a Feminine Nature ; that conceals himself ( Ladylike ) all the Winter , till long Days and a warm Sun invites him forth to purchase Flies , which are sold him sometimes at the rate of his Life . This Fresh-water Sprat is of most accurate Motion , and feeds not much unlike the Swallow , partaking very much of his Nature and Quality , as near as Fish and Fowl can do , or as near as Fish and Flesh can have , and that 's as near as the Elements can admit of : which certainly is a Secret , yet very observable , if the Angler but consider their coming in , which is in the Vernon Ingress ; their natural Food , and their going out together , in the Autumnal Equinox . You must also remember that he loves not a Stream , yet would he by no means dwell far from it ; and bites aloft at the Race of Flies , yet gratifies himself with the Soil of the Earth . At Mid-water if you seek him , he 's solicitous after Gentles ; and if at the Bottom , he desires a Brandlin : but he that would court him to death with a Dainty , must bring him a parcel of Ant-flies . The Bleak or Whitlin , floats in silent Deeps In Summer-time ; but all the Winter sleeps ; For then he 's seldom seen : this curious Dish Implicit Walton calls the Swallow-Fish . MINEW . The Minew or Penk is , in my Opinion , but a very small Banquet for Fish or Fisher. But a little discourse shall serve for this little Fish , that is no ways difficult to find , nor is he over-curious to catch , provided the Artist but come where he is , and that 's almost every where : nor need you search him in rapid Streams , for there he is not , yet dwells not far from them ; but in Rills and Rivulets , in their small Turns of Water , with a bit of a Worm , or a Brandlin , if you please , you may turn him out as soon as with any thing . The Minue lives , I need not tell you how ; Examine Trent , and there you 'l find enow . The Salmon , Trout , and Perch , sliely he 'l cheat Them of their Lives ; and yet 's their daily Meat . Th. And must this be our Exercise to trample the beautiful Banks and the florid Meadows of famous Trent , to rifle her Fords for Diversion , and sweeten our Senses with fragrant Odorates that perfume the Air ? blest beyond expectation , to imprint on her silver Sands the lively Character of the Angler's Footsteps , whilst we flourish our Artillery over the trembling Streams , as they silently glide through the redolent Fields , with a soft but sweet and murmuring Noise . Ar. Thus we may divert our selves with the Streams of Trent , until the radiant Zenith strike us with Heat , and then consult Umbrage under the shady Oaks ; where not to be idle , we may there form Flies , and keep out of Sun-shine ; where the Rocks and the Woods will invite us to contemplate the imbellished Creation , the variety of Creatures , and the All-glorious Creator . Th. This I confess is Sovereign Advice , and if I mistake not , the shady Trees of Sherwood will conduce to moderate the fiery Strokes of the Sun , whilst Phaeton with his Chariot careers to the Western Fountains . Ar. Nor till then is it needful to return to our Exercise , and make inrodes with our Art and artificial Artillery ; for to practise the Ground-bait in the Heat of the Day , is a piece of Industry without any Ingenuity ; since the true knowledg and disquisitions of the Ground-bait , if sedulously consulted , will sufficiently compensate the Toil of the Artist , because when to afford him a due poize of Profit , with solitary Pleasure . Moreover , it 's less difficult to calculate the constant Commons that Fish themselves frequently acquire , than to enumerate the various and multiform Classes of Emmits , Insects , Worms and Flies . Th. I believe no less . Ar. Then cast back your Eye on those solid Foundations of Earth and Rocks , and consider with your self the Ornaments of Nature ; how Concretions are link'd together , and Earths and Clays amalgamiz'd and coagulated into Minerals : How Animals and Insects are lodg'd and conceal'd in the Surface of Soils and stagnated Pools ; meaning such as compensate the Art and Industry of every Industrious and Ingenious Angler . Nor is it difficult to procure this mortal Entertainment for Exercise and Recreation ; since it 's nothing more than a knotted Earth-worm , of which there are several Sorts , and diversity of Sizes ; consequently various Kinds , and variety of Colours . Th. Pray explain your self . Ar. Thus I explain my self ; as the Nature and Quality of the Earth is , such also are the Generations and Productions of Animals and Insects ingendred ther in . Some Products we observe them to be naturally leprous , and such are usually struck with morbifick Deformities . Some again are Prolifick , and animated with Life ; as some others are design'd for Vegetation . Some Earths are cold , frigid and moist ; on the contrary some others by reason of the salinity of Sand , are fortified with Heat almost to excess . There are also various Complexions of Earths and Soils , which calify and indurate by the Sun's Reflection , so incrustate themselves by Contact and Connexion , that with little difficulty facilitate a Warmth : so that whilst some are accidentally Cold , as ardent are othersome because influenced by Callifaction . But as some are naturally Cold , by Northern Influence , destinated to a marly spungeous Clay ; intemperately Hot are othersome , by confluence of bituminous and sulphureous Mixts cooperating with them . Some are boggy , some gravelly , some naturally fertil , othersome as naturally sterril . All which demonstrate the various Modification and Methods of Nature , and the Divine preordinate Wisdom of God the Creator , whose Decrees are inviolable , and whose Laws are irrevocable ; and from whom Nature in all her Operations copies to the Life from the first Original . When therefore seriously to consider the various Families of Insects and Animals , naturally protruded and thrust forth into the World , for the supply of themselves and their fellow-Creatures , it demonstrates a Benevolence , and not a Prodigality in Nature to stock the Elements with such a numerous Increase , as my self and others have curiously inspected . So that sometimes one Animal , and sometimes another , infinitely excels as to the Anglers Recreation . But the Classis of Worms are multiform and various ; manifestly the Lob , or more properly the Dew-worm , Knob or knotted Worm ; Red-worm , Brandlin , Gild-tail , Marish-worm ; Flag and Dock-worm , Tag and Tagil , Spotspere , Munck and Muck-worm ; Cod-worm and Straw-worm , &c. But it 's impossible to enumerate the innumerable Sorts and Varieties of Worms , and the Texture of Insects , ( different also in Shape , Colour , Beauty and Proportion ) except prophetically instructed beyond the due mediums of Art , or otherwise inspected by natural Observation : As when to imagine some of them smooth , of a contrary Quality are those that are ruff , fretted , and knotted . The various like we read of Colour , Form , Beauty , Proportion and Complexion ; as when to inspect some of them Red , some others Green , some Red and Green with a greenish Cast ; and some Green with a reddish Tincture ; and some affected with a glance of both : Some again display a brownish blewish and purplish Rubedo ; some others shine forth a Citrine Colour ; so that some are Yellowish , and some again Orange ; some are Gray , some Livid , some Veril , some Azure , and some more obscure , imprest with various Signatures and remarkable Observations . Nature generously provides multiplicity of this animal Race , whereby to furnish her Common-Weal , and accommodate her solicitous Admirers . But of all the Worms that move in the Earth , the Gild-tail alone is the Angler's Corona . Th. Now I conclude the Fish as good as half catch'd , had we but Cooks to order and dress them , and our Appetites in effect moderately refresh'd ; had we but patience to pick out the Bones . After this manner Recreation brings a Reward , when proportioned to propagate the Sovereign Ray of Health ; but not that I extol the luxurious Angler , that prefers the Platter by the pentiful Pannier : for he that imitates generous Nature , must when he puts a Period to the Progress of the Life of one Fish , charitably endeavour the multiplication of Thousands ; otherwise he that voraciously pursues his Exercise , either spoils the Creatures to gratify his Luxury , or sports away their Lives for the vanity of Excess . Ar. I approve of your Morals and modest Conceptions , that direct the Angler to furnish himself with such convincing Arguments , as invite him only to fish for Recreation . How few Pretenders to the Rod then , would covet the Death of Fish for Fancy ? Nay , who would not study to prolong their Lives , were it for no other End than to furnish the Fords , to relieve the Necessitous , and divert the Angler ? Were not the Ends of the Creation made answerable to the Means of Preservation ? Who disputes it ? Then if so , let me tell you that immoderate Exercise ( in all or any one ) puts a damp to Pleasure ; and if the End of Pleasure can be adjudged Destruction , then no Man can be satisfied without Excess . And what is Excess but inordinate Riot , that makes a breach in the Royal Commandments , in opposition to Life , so results in Death ? Where note , this Distinction is necessary to be understood ; that as Rods and Nets are different Means , so they also answer to different Ends. The first , if when to consult rapid and roling Streams ; but the latter results in such Parts of Water , where no Line nor Rod claims a right of Privilege ; or with such a Fish whose invincible Strength , nothing but the Net can encounter and overcome . Thus arm'd at all Points with our innocent Artillery , and resolved to trample the redolent Fields , and the florid Meadows of famous Trent , we shall there encounter with murmuring Streams that invite to Exercise and Contemplation : whilst the shady Forest , and solitary Groves advance our Speculation to the Suburbs of Paradise ; where all the Trees stand in such a beautiful Order ( to admiration ) and divinely drest by the Royal Hand of him that made this stupendous Creation , denotes Mortals immortal , and Time eternal : which true Felicity no Man attains to , by the study of Morals only , and the Beauty of the Creation , but a Crucified Saviour , and the Piety of Christianity ; and then I know not but the Streams of Damascus may as effectually cleanse as the Pool of Bethesda . Th. Your Discourse seems too intricate , and ambiguous for the Vulgar . Ar. Not at all , for it neither violates Humanity , nor opposes the Piety of Christianity ; it only points to those destitute of Devotion , that would , if possible , enervate the mystical Ray of Discovery , assassinate Piety , and silence the Oracles of Truth , to strike truth dumb ; so bury and entomb it in the Sepulchre of Oblivion . But Truth 's bright and illustrious Star will convince the World of the Truth of this Hypothesis , that neither Envy nor Emulation ( nor studied Art in opposition to Truth ) though formented by the Sons of Zoilus , shall never darken it so , as totally to deface it , but will shine forth a Light to discover their Shame , with the Vice of the Times , and Exorbitancy of Life . I write to the Intelligent , and not to Alphabet Anglers , that wander up and down besides themselves , to lick up the spumous Froth of Fiction , and rally the Records of fabulous Pamphleteers , to swell their impoverished empty Volumes , on purpose spread abroad to amuze the unwary : but this I resolve against , by exhorting Ingenuity to consult Experience , notwithstanding my Rudiments and laborious Directions ; for without due observation in the Exercise of Angling , besides Speculation in the Progress of Theory ( in this , or indeed in any other Art ) no Man shall level a right Foundation . Th. Such signal Remonstrations ( like a ingressive Spirit ) strike deep Impressions into my thoughtful Breast . It must be a Master ; and what Maste● but Experience must we have , to induct us i●●● the Methods , Mediums and Regularities of Science ? Does Experience any more obliterate Theory , than Rudiments rip up the Foundation of Art ? which they do not , nor cannot : then ought the Rules of Practicks to be the solicitation of every Artist , which Analysis of necessity I cannot but comply with ; or let the surviving Ages engrave on my Tomb-stone , Post est occasio calva . Ar. To compleat a Scholar therefore , we are to consider that every Pedagogue that initiates his Novice into the Rudiments of Grammar , gives him Literature first . After the same manner , and not altering my Methods , I have laid down the Rules and Hypotheses of the Ground-bait . Where note , I prefer the Worm for the Angler's Exercise ( if artificially scoured ) as a general Bait before any other , and upon all Occasions ( inordinate Seasons excepted ) if purposing thereby to consult the Bottom ( as also the innumerable families of Fish : ) and so farewel , for it 's almost Sun-set . Theophilus . What tho the Night 's dark Scenes and Shades display The bright Sun's absence ; can't the Stars make Day ? Arnoldus . Can those obscurer Tapers light the World , Whose Lights are from the Sun 's bright Furnace hurl'd ? Motion they have , it 's true ; that causes wonder : But God that join'd their Rays , takes them asunder . Theophilus . From what bright Influence then do Comets borrow Their radiant Beam ? Arnoldus . The Stars , they strike them thorow . Theophilus . Must we conclude the World all Vegetation , Humane Race excepted , by Generation ? Arnoldus . The slippery Womb of Earth , in time sent out A thing uncapable to walk about : Till God in love , out of a pure Compassion , Made Man the Margin of this great Creation . Theophilus . Why then do Mortals fight against Superiours ; And pull down Angels to advance Inferiours ? Arnoldus . Man may attempt it ; but his slender Arm Has hardly warmth in 't for to keep him warm . Theophilus . No , why then presumes he by force to raise His Fires so high to make the Heavens blaze ? Arnoldus . That 's a mistake , Man 's but a Minute's Breath , Blown out of Doors but with one puff of Death . Theophilus . And yet immortal too ! strange Prodigy , That Man the Lord of all , should live to die ! Arnoldus . 'T is true , a Star fell on a Shrine of Earth , That touch'd Mortality , and gave it Birth , Conduct and Reason , and a Soul immortal , Lit by the Lamp of Heaven's glorious Portal . Made all Miraculous , yet this won't please : Heaven must die , to cure the World's Disease . And yet this mortal Wonder we call Man , Is still averse e're since the World began . Theophilus . Vngrateful Creature , who by Heaven's Decree , Was made to live , and had the Sov'raignty Of the Creation . What to say I know not ; Nor what to think , for Thoughts are things that do not . Arnoldus . Since Days and Nights all terminate in one , And Stars made Emblems of their Sovereign Sun : Then to be Loyal , each a Star must be ; But to be Royal , claims the Sov'raigntie . The Gordian Knot 's so knit , none can unty But he that made the World's great Harmony . For God with Nature such sublime things blended , That Man nor Dev'ls , Angels themselves can't find it . We can but climb the gradual Steps of Sense ; And they 'r but Motives to Intelligence . But those sweet melting Cords in a Saint's Brest , That lives by Faith of things yet unexprest , Invigorate the Soul ; and lends her Eyes to see That Earth and Heaven , all 's but Harmony . Theophilus . Then Rocks are Organs , and the ambient Air But the harsh sound of Heaven's softer Quire. Waters make Musick ; so all things by Art , Where Nature freely her free Gifts impart , Speak Harmony , and divinely shows That from another Fountain this thing flows . Arnoldus . Consider but the Chaos in Creation , When the Divinest made a Separation : How that the Earth stood still , whilst he rais'd higher The Sun's bright Torch , or all had been on Fire . Theophilus . Amazing Wonder ! see , Aurora now Strips off the Sables from Night's shady Brow ! That Sol no sooner peeps to gild the Skies , But all the Mists before his Presence flies . Arnoldus . 'T is true they do ; and he that sees their flight , Sees Darkness gradually transform'd to Light. Yet let him not mistake himself , for Day Is but Time's Copy-Book : cast that away , And what presents ? Death more obscure than Night , Through whose dark Pilgrimage we creep to Light. LAUS DEO . FINIS . ADVERTISEMENT . RABBI MOSES ; or , A Philosophical Treatise of the Original and Production of Things . Writ in America in a Time of Solitudes . By R. Franck. And are to be sold by the Author at his House in Barbican . Notes, typically marginal, from the original text Notes for div A40385-e4060 See Ludlow's Reply to Hollingworth . 
A50493	----	A defence of the antiquity of the royal line of Scotland with a true account when the Scots were govern'd by kings in the isle of Britain / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 1685 Approx. 288 KB of XML-encoded text transcribed from 116 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50493 Wing M156 ESTC R228307 12350734 ocm 12350734 59981 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50493) Transcribed from: (Early English Books Online ; image set 59981) Images scanned from microfilm: (Early English books, 1641-1700 ; 893:8) A defence of the antiquity of the royal line of Scotland with a true account when the Scots were govern'd by kings in the isle of Britain / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. [8], 13, [1], 204, [4] p. Printed by Ri. Chiswell ..., London : 1685. Reproduction of original in Union Theological Seminary Library, New York. In reply to Bishop Stillingfleet's Origines britannicae. Advertisement: p. [1]-[4] at end. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Stillingfleet, Edward, 1635-1699. -- Origines britannicæ. Scotland -- History -- To 1603. Scotland -- Kings and rulers. 2004-03 TCP Assigned for keying and markup 2004-03 Aptara Keyed and coded from ProQuest page images 2004-05 Olivia Bottum Sampled and proofread 2004-05 Olivia Bottum Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion A DEFENCE OF THE ANTIQUITY OF THE Royal Line OF SCOTLAND . WITH A true Account when the Scots were govern'd by Kings in the Isle of Britain . By Sir GEORGE MACKENZIE His Majesty's Advocate in Scotland . London , Printed for Ri. Chiswell , at the Rose and Crown in St. Paul's Church-yard . 1685. To the KING . SIR , DIvine Providence having suffered these Kingdoms to destroy one another for many Ages , in divided Monarchies ; reserv'd their happy Union for the Merciful Royal Family , of which Your Majesty is now the Head : and mingl'd lawfully in their Veins , all those many and different Bloods-Royal , which pretended to any Soveraignty in these your Dominions : designing thereby at once to reward the Vertue of Your Majesty's Predecessors , and to endear that Union to us , in preventing future Debates . In King Iames , Your Royal Grand-Father , these Nations got a Monarch , who was acknowledg'd to be the Solomon of His Age : who excell'd all His Contemporary Princes in * King-Craft ; all his Ministers in Prudence ; and all His Doctors in Learning . None of his Subjects understood the Law better , or observ'd it more : and who knew as well all that was done at Council-Tables abroad , as they who sat at them . To Him succeeded Your Majesty's Royal Father , whose Life was the best Law a King could make : who knew no use of Power , save to do good by it : who was less careful of His own Blood , than of that of his Subjects : And I may justly say , that Heaven only was govern'd by a better King. After we had shown our selves unworthy of such Monarchs , the Divine Goodness , to try us once more , gave us Your Gracious Brother , whose Clemency ( after so many and so great Injuries ) was as great a Miracle as His Restoration : who knew every thing save to be severe ; and could bear every thing , save to see His People in trouble : who after the abuse of His Goodness , had made his Enemies so insolent , that His Servants concluded all was lost ; did , by His extraordinary parts , with a gentle easiness , peculiar to Himself , dissipate those execrable Combinations , to our great satisfaction and amazement . But , Sir , the Conscience of His Enemies , will far exceed in His Praises , the Eloquence of His Servants ; and so my trembling Hand leaves this Melancholy Subject . His Throne is now fill'd with Your Sacred Majesty , whose Abilities Your Royal Brother esteemed so much , that He shar'd with You the Exercise of the Government , before His Death gave you the Possession of the Crown . In You , Sir , Your People have a General to their Armies , an Admiral to their Fleet , a Treasurer to their Mony : whose Courage can lead them as far as theirs can follow ; and raise the Glory of these Kingdoms as high as they can wish : So that if they be not happy , they will have this Addition to their Misfortunes , that the World will see , that they themselves are only to be blam'd for it . Our Country , Sir , does not boast of a rich Soil , or a hot Sun : but it may , that it has given these happy Islands those Gracious and Glorious Kings . In return whereof , we might have expected kinder Rewards , than that any of their Natives should debate its Antiquity , and the Veracity of those Histories wherein the great Actions of Your Royal Predecessors were recorded . And since the Honour of the Ancient and Royal Race of our Soveraigns is the chief thing wherein we Glory ; it is hard to deny us a Favour , so just on our part , and so easy on theirs . However , Sir , since I presume , that those of Your other Subjects , who controvert this , do so , rather from want of information , than from unkindness ; I , who am resolv'd to make the defence of Your meanest Priviledges my greatest Honour , have thought it incumbent to me , as Your Advocate , to undertake the defence of that Antiquity , which makes Your Majesty the most Ancient Monarch upon Earth . Which Argument , I hope , I have manag'd with that Candour , which becomes an honest Man , and that Zeal which is the Duty of , SIR , Your Majesty's most Dutiful , Loyal , and Obedient Subject and Servant , Geo. Mackenzie . A LETTER to the EARL of PERTH , Lord High Chancellor of SCOTLAND , Upon his having sent to the Author the Bishop of St. Asaph's Book . With some Reflections upon the Design of that Book . My Lord , I Have read the Book you sent me , with that delight I did of old a Play ; which one may think it resembles more , than our Histories do a Romance : For what is truly related , is so disguised and transposed , as may best suit with the Author's Design ; and with a Rhetorick so Polite and Comical , that if the Reasons do not convince , yet the Humour and Stile may charm , and please , even some of those against whom it is design'd . This made me unwilling at first to undertake to answer a Book , which I suppose might have more Admirers than Proselytes : but finding , upon a second perusal , that the Author had not fully examined the Grounds upon which our Historians proceeded , or had suffered himself to be byass'd by Zeal for his Order , or Partiality to his Country ; And that this whole Kingdom take it as an Injury done , not only to the Antiquity of the Royal Family , but to this our Nation in general ; I was at last prevailed with to enter the Lists , with a kind Design , by a sober and candid Information , rather to convince and satisfy the Author , and those he may have misled , than to acquire the vain glory of such a Victory , especially over one who bears the Character of a Bishop , for which I have so great a Veneration : Altho , for the Reasons following , I cannot but dislike his unnecessary Undertaking , and unseasonable and partial Management of a National Debate , which * we are prohibited to enter upon under pain of a Sedition . 1. I am sorry , that while these Kingdoms are unhappily divided , not in Nations , but Opinions ; the old Animosities amongst Scots , English , and Irish , being forgot and buried , and the modern Differences between the Episcopal and Fanatick , and Cavalier and Republican , or , as some term it , Whig and Tory , are so violent and turbulent ; the Author should have diverted our just and dutiful Zeal , by imploying it in defence of an important right of State , unkindly , as well as unnecessarily invaded : so as the other , of near concern to the Church , may in some measure come to be neglected . 2. The pretext for writing this Book , wherein the Antiquity of our Kings and Nation is so much disparag'd , being , that the Presbyterians , and particularly Blondel , urg'd from our Historians , that we had a Church for some Years without Bishops : it seem'd neither just nor fit , that any Episcopal Author should have magnify'd so highly the meanest Argument that ever was us'd by a Presbyterian ; as for it , to cut off 44 Kings ( all preceding Coranus , who began his Reign anno 501 ) and to expose on a Pillory as Forgers , our many and grave Historians . And that it is a weak Argument , appears from this , that I have met with very few Laicks in all our Country , who had heard of it ; nor with one , even of these few , who had valu'd it : and so this Author may be said , rather to have suggested a new Argument , than to have answered an old One : For they urge now nothing to us , save places of Scripture ; resolving to have their Presbytery , Iuris Divini : knowing that nothing less can secure them , in opposing the Laws of the Kingdom . And what can the Presbyterians think of their other Arguments , which they value much . Since this , which they valu'd so little , is thought of such force , by a learned Bishop , as to deserve a whole Book , the cutting off of 44 Kings , and the offending a Nation of Friends . It is also very remarkable , that the learn'd Doctor Hammond , a great Champion of Episcopacy , owns the Antiquity of our Nation ; and answers fully that Argument , without overturning the truth of our History , or wronging the Antiquity of our Royal-Line : whereas Baxter the Presbyterian urges this Citation , and yet agrees with this Author in opposing the Antiquity of our History ; approving what is said by Cambden and Vsher ; and in a Letter to the Duke of Lauderdale asserting the lateness of our settlement here . Which shews , that there is no necessity lying upon such as own Episcopacy , to wrong the Antiquity of our Kings and Nation . But how the necessity of a private corner of a remote Country in Ecclesiâ constituendâ , could wrong the general practice of the Church ; is as little to be understood , as it is undenyable , that many thousands in Iapan , and China , were converted by Presbyters , before Bishops were sent thither . And since it cannot be deny'd , but that those who ordain'd our Presbyters were Bishops ; it necessarily follows , that Episcopacy was settl'd in the Christian Church before we had Presbyters or Culdees : or else , if these who ordain'd our Presbyters were not Bishops , the practice of that Church , whereby our Presbyters were ordain'd , should have been impugn'd , and not the Authority of our Histories , and the Antiquity of our Royal-Line overturn'd . And though this Reverend and Learn'd Author could prove , that we were not setled here , before the Year 503 , yet that could not answer the Argument : for the Culdees might have been settled before that time in this Country , where we now live , though amongst the Picts ; for it cannot be deny'd but the Picts were setled in this Country before that time . And when our Historians say that the Abbots of Icolm-kill had Jurisdiction over all the Bishops of the Province ; that is to be understood , as Beda observes , more inusitato ; and my Lord St. Asaph himself well remarks these words , and gives a full and clear vindication of the passages of Beda in the 173 , and following Pages ; and might have rested therein , and needed not to have been driven to seek a new Answer in overturning the Antiquity of our Nation . Many examples can be given of Jurisdiction of Presbyters , and even of Deacons over Bishops in the Canon Law and History . So that this instance from our Historians makes nothing against Episcopacy . And latter Historians meeting with these ambiguous words in our Annals , De signatus , Electus , Ordinatus , were by a mistake induc'd to appropriate these words to the formal Ceremony of Ordination and Imposition of Hands . And I find , by the Bishop's Concession , * that the Abbess Hilda did elect and send forth such of her Monks , as she thought fit to be ordain'd : which is all that our Guldees , and ancient Monks did . Thus a King may be said to make one a Bishop , or a Mother to have made one of her Sons a Church-man ; which answer , the learned Nicol , a zealous friend to Episcopacy , thought sufficient to elide Blondel's Arguments from our Historians , without denying the Antiquity of our Nation , or troubling himself with our * Culdees . And if Beda had heard that the Presbyters did ordain Bishops , he had remark'd it as a most unusal thing , having marked that the Abbots had jurisdiction over Bishops , they being but Presbyters ; such an Ordination being much more extraordinary , than such a Jurisdiction . And might not my Lord St. Asaph as well have inveigh'd against Gildas and the British Historians , because he says * that Church-men were ordain'd by the consent of the Bishops and the rest of the Presbyters , from which Presbyterians , and particularly the same , Blondel † infers a parity betwixt Bishops and Presbyters . And from which it appears , that dangerous Consequences should not be drawn from the dubious and heedless expressions of old Authors , living in rude Times and Places : and from all which we might have been secure , that my Lord St. Asaph would have concur'd with the wise answer , which Spotswood , Arch-Bishop of St. Andrews ( with whom the learn'd Hammond agrees ) gave to that silly Argument , without affronting him as a betrayer of the Episcopal Cause ; and caressing our Fanaticks by that unwarrantable and dangerous assertion ; that in consequence thereof they might reasonably conclude , that when they covenanted against Episcopacy , they had only us'd their own right ; and thrown out that , which was a confess'd innovation ; in order to the restoring of that , which was their primitive Government . For it does not follow , that because our Church in its infancy and necessity was without Bishops for some Years ; that therefore it was reasonable for Subjects , to enter into a Solemn League and Covenant , without , and against the consent of their Monarch ; and to extirpate Episcopacy settled then by Law , and by an old prescription of 1200 Years at least . 3. Precedency being one of the Jewels of the Crown and one of the chief Glories of Princes ; and all who treat on that Subject confessing , that the King of Great-Britain , as King of Scotland , is the most ancient Monarch in Europe , the Line of other Kingdoms having been often interrupted , whereas ours never was ; it seems a great injury to our Kings , to have their Line shortened , so as thereby to postpone them , to many others ; and if this Author's Arguments prove any thing , they must prove that our Kings cannot instruct their Antiquity , till Malcolm the 3d's Time : and so our Kings will be amongst the last of all Crowned-Heads . Nor is it one of the least Arguments , which prevail with us , to hazard all for our Royal-Line , that we have been so long Subjects to it , and happy under it : and therefore whoever shortens it , lessens ( though without design ) the influence of our Kings , and endangers the Succession . And since * Luddus owns , that he durst not deny the British Descent from Brutus , lest he might thereby wrong the Majesty of the English Nation ; I admire , that any of the Subjects of Great Britain did not think it a degree of Lese-Majesty , to injure and shorten the Royal-Line of their Kings . 4. If this injury had been done to Kings , or to a Nation , when they were Enemies to Episcopacy , as the Obligation was , so the fault had been less . But to inveigh against our Royal-Line , after King Iames had made the settlement of Episcopacy his business ; King Charles had died for it ; and our late Soveraign of Glorious Memory , had been more disquieted by the Schismatical opposition made to it , than by all his other concerns , seems very unkind . And tho this learned and worthy Author , upon design to make us sit down quietly under these Injuries , seems to gratifie us , by the Complement , That we , since the Writing of our Histories , needed not such helps , as old and fabulous Romances : telling us , that we have excell'd most other Nations , in Arts , and Arms ; and especially in the Purity of Religion , abating only the blemish , which we have contracted by too easie a belief of these Fictions , which he designs to Refute . Yet , since no Peer in England , though a Subject , would have allow'd this Author to tell him , that albeit , he be now a brave and generous Person ; his Predecessors were lately pilfering barbarous Robbers and Vagabonds , and the History of his Family a fabulous Romance . How should he have imagin'd , that our Kings and Nation ( how gentle soever ) would have thought , that the Justice done them in this Age ( and for which we thank the Bishop of St. Asaph ) should have compens'd the Injuries done to their Predecessors ? But it is probable , that my Lord St. Asaph has not , on the one hand , known the Grounds which we here urge for our Antiquity , and that our nice Jealousie for our Honour , on the other hand , magnifies too much to us such injuries , of which we are naturally very sensible : and therefore , I hope , by his Lordship's aquiescence , the result of the Debate will be , that he will see that our Royal-Line and Nation are more ancient than he imagined them to have been : and that we will remain convinc'd , that his Book was not dictated by malice , and National Humour . My Design is not to convince my Readers , that I am Learn'd , but that my Cause is just : and therefore I use no more Citations , even from the Books I know , than may prove or illustrate my Positions . And , not being the first aggressor , I expect the favour which is due to Self-defence : For of all things , I hate unnecessary Debates ; and I admire St. Pâul , for saying , * And they neither found me in the Temple disputing with any Man. Debates generally starve Charity , feed Self-love , and incline even very good Men to more partiality , than I hope can be charg'd in this Debate , upon Your Lordship's most faithful and humble Servant , Geo. Mackenzie . King CHARLES the 1st his Speech to the Scottish Parliament at Edinburgh , Aug. 19. 1641. I Cannot doubt of such real Testimonies of your Affections , for the maintenance of that Royal Power which I enjoy , after 108 Descents , and which you profess to maintain , and to which your National Oath doth oblige your , &c. A Defence of the Antiquity OF THE Royal-Line OF SCOTLAND , With a true Account , when the Scots were govern'd by Kings in the Isle of Britain . In Answer to the Bishop of St. Asaph . ALL the Historians of Scotland unanimously agreeing , that the Royal-Line of the Kings of Scotland did begin in King Fergus the First : and that the Scots now inhabiting it , were settled here , under one Soveraign , about 330 years before Christ. And their Histories being receiv'd with great applause for many hundreds of years , by Historians , Antiquaries , and Criticks of other Nations , who had any occasion to take notice of our Affairs ; Luddus affecting Singularity , did , Anno 1572 , controvert both these Points : for which , he having been refuted with just severity by Buchannan ; the Bishop of St. Asaph , upon pretext of answering a very silly an inconsequential Argument against Episcopacy , has undertaken the Defence of Luddus his Kinsman , contending , that the Scots did not settle in Britain till the year of our Lord 503 , and that they had no King , who govern'd in this Island till that time . Albeit there be other unwarrantable assertions and positions in that Book , yet being unwilling to enter upon any Argument , which may , by the remotest Consequence , be urg'd against that Episcopacy , which I so much reverence ; I , as his Majesties Advocate , design only to prove , that in both these Points the Bishop has ( though I hope without design ) injur'd our Kings and Nation . For proving whereof , The first thing I shall clear , shall be , That History requires , nor admits no Mathematieal , nor Legal Proof , but is satisfied with such Moral Certainty , as is infer'd from probable Tradition , old Manuscripts , credible Historians , the Testimony of Foreign Authors , and probable Reasons . Secondly ; That our Histories being already acquiesced in , and received by the generality of Mankind , and especially by Criticks , Antiquaries , and Historians , the best Iudges in such cases , need no Confirmation , nor further Proof . Thirdly ; That albeit we are not obliged to prove , or confirm our History , yet we are able to do it by all the former Grounds , which is all that needs be done for the Credit of any History . Fourthly ; I shall answer the Arguments brought by the Bishop against our Histories . And I must intreat my Readers to lay all these together , and not to judg by parcels , which is not to be done , especially in cases of this nature . For clearing the first of these Points , it is fit to consider , that right Reason requires only in all cases , such Proofs , as the nature of the Subject can allow : and therefore , though Mathematicians rest only upon infallible Demonstrations ; and the Law requires strict and solemn Proofs ; Yet the Law it self remits its ordinary Exactness , to comply with the necessity of Human Affairs , allowing Domestick Witnesses , where others cannot be had , and strong presumptive Grounds as equal to Witnesses , where the Subject Matter can admit of no other Proofs : Morality convinces by probable Reasons , and History allows Moral Certainty for a sufficient Probation in matters of Fact , because the matters treated of in it , can generally admit no exacter Proofs : Which Proposition as to History , will very easily appear , if we consider , that even the Historians of this present Age , cannot themselves see every thing they relate ; nor can all be prov'd by the Testimony of Witnesses . Reason likewise has oblig'd Men to presume , that a Nation ought as much to be believ'd in these cases , as two Witnesses are in any single one : for even in the case of Witnesses , our belief is founded upon the presumption , that they will not lie , and damn themselves ; and that both the one , and the other , do at last resolve in presumptive and probable Grounds : So that Men satisfie themselves in most things , with the general Belief and Tradition of those among whom they live , founded upon probable Reasons . Manuscripts also written by others , infer no Mathematical nor Legal Certainty : For the Author of the Manuscript might have been mistaken , or byass'd ; and at best , one Witness proves not . Nor are Strangers oblig'd to believe the exactest History of those who write in favour of the Antiquity of their own Nation , upon any other account , than because History is satisfy'd with probable Grounds . Domestick Testimonies infer only a probable Belief ; and tho an Oath were interpos'd , that could creat no more than a moral Certainty . As the former Proposition is founded upon just Reason , so all Historians have been believ'd , and the Histories of all Nations have been receiv'd upon probable Grounds and Warrants , though they were not written by those who saw and heard what they wrote . Amongst many Instances of which , I shall only name that of the Romans , written by * Livius ; In which Common-wealth , he tells us that the use of Letters was not then ordinary , and that the best Records were the faithful Remembrance of things past ; and if some few Memorials were left by the Priests in succeeding Ages , they perish'd at the burning of the Town . And no History was collected till the year 485 , after the building of Rome , Fabius Pictor , their first Historian , writing in that Year , as † Vossius informs us . The Iewish History also had no Historical Warrant for the first 2000 years , but Tradition , and after that time , their Transactions were mention'd in very few Foreign Histories : And the Annals of their own Priests were thought good Historical Foundations , in the opinion of * Iosephus , even for the Sacred History . I need not mention the Histories of the Greeks , who could have no Records for many hundreds of years before they wrote ; and much less those of the French , and Spaniards , whose Histories might much more justly be questioned upon the Grounds that ours are . The surest Foundation then of all Histories , is the common belief and consent of the Natives : For Strangers cannot know but from them , and this consent and belief may be founded upon credible Tradition , Manuscripts , Domestick Witnesses , but especially when these are fortify'd by the concurring Testimonies of Foreign Authors , probable Reasons , and the acquiescence of Mankind . And tho less accepted for fortifying an Ancient , than Modern History , and that even a part of these would be sufficient to confirm a Modern one ; yet I hope to make them all concur for supporting ours , tho very ancient . It would appear then by this , that as the Bishop of St. Asaph has undertaken to defame our History without any necessity , so he does it without any shadow of Reason : and we will at least have the satisfaction to see our Histories subsist as long as any Histories can do . I conceive also , that in Reason , Historians already receiv'd in the World with Applause , need not show their Warrants whereupon they proceed ; No more than a Man that is in possession needs prove or confirm his Right , except the same be prov'd to be false , or a clearer , or stronger Right be produced by him who challenges the former . Nor are Men curious to preserve old Manuscripts and Records , after they have form'd their Histories by them : for else no Historian could ever be secure , if the not being able to show their Warrants , after many Ages , might discredit their History . And I desire to know , where are these few Historians , whom Herodotus , Livius , and others do cite in their Histories ? Or , these whom Iosephus did cite to confirm that of the Jews , when it was challeng'd by Appion the Grammarian , upon the same grounds that ours is now quarrell'd by the Bishop of St. Asaph ? And albeit the authority of a single Historian , might be suspected after his History is written , and that then his Warrants might be call'd for ; especially if other Manuscripts could be found , written in the time controverted , by which that History might be contradicted : Or if the History controverted did report things inconsistent with the whole Tract of other Historians , or the Principles of common Sense and Reason , as Ieffrey of Monmouth , and some British Historians do , in the opinion of the Bishop of St. Asaph , and their own best Critiques . Yet , this cannot at all be extended to our case , who have many Histories written by Men of great Reputation , all agreeing very well with one another , and relating things probable in themselves , and very agreeable to Foreign Histories , and which they declare , they did draw from Warrants cited by them , and which have for many Years , been read with great pleasure , and cited with great honour by Critiques , Antiquaries , and Historians , and contradicted by the authority of no positive History or Manuscript , written by any in the Ages controverted , asserting , that the Scotish Nation now inhabiting this Isle , did first plant themselves here , about such a year of God , under such a King , or adducing some such solid Ground against us ; all that is objected against our positive and applauded Histories , being the vain scruples of an obscure Author , Luddus , who being confuted by Buchannan , made no more noise in the World , till * Cambden rais'd some Conjectures with submission to us , after which Learned † Bishop Vsher ( picqu'd by Dempster's Severity , to his Uncle Stanihurst ) gathered together , an undigested , and formless lump of all Writers , good and bad , from which , he says , that Discretion being us'd , a History might be form'd . And from these , the Bishop of St. Asaph , impatient of Buchannan's severity to Luddus , under the pretext of respect to Episcopacy , has drawn a new Model , without bringing new Materials , putting that confus'd Rabble in Rank and File , with some pleasant Reflections . I might then forbear to trouble my self any further , than in answering those few , and ill-founded Objections , muster'd up by the Bishop against us , which being remov'd , leave our History in its former lustre and splendor . But for serving my King and Country , and satisfying my Reader more entirely , I am resolv'd to clear , that our Historians have proceeded upon sufficient Warrants , according to the former uncontrovertible Propositions , which I at first laid down in relation to History in general . And this I will endeavour to do , 1. By shewing that our Tradition is very well founded . 2. By shewing , that we had ancient Annals , and that our Historians were Men of great Reputation , and that they founded their Histories on those ancient Annals . 3. That the best Historians among the Britains , do concur to assert our Antiquity ; and that such as oppose it , are Men of so little authority , as that their Testimony should not be put in the Ballance with those who stand for us . 4. That our Histories are confirm'd by the authority of ancient Foreign Authors . 5. That our Histories have been believ'd and applauded by the best of late Historians , Critiques , and Antiquaries , the best Judges in such cases . 6. That the antiquity of our History is founded upon solid Reason , and great Probability as well as upon the Testimony of Authors , both within and without the Isle : Which is all that can be done , or is requisite for asserting and proving the Truth of any History . For clearing whereof I must inform my Reader , that whilst this Isle was Pagan , it had for its Priests , the Druids , who taught them Sciences , and Letters , and who were so famous , That * Caesar tells us , That the Gauls deriv'd their first Learning from them . And all Histories acknowledg , That these us'd to transmit the Histories of their own times in Verses , which were taught by them to their Scholars : and it is probable , that some of these Druids having been converted from the Pagan Religion , whereof they were the Priests , became our first Monks ; being thereto much inclin'd by the severity of their former Discipline : as the Therapeutae did for the same Reason become the first Anchorits in Egypt ; and so it was easie for them to inform the Monasteries of what they knew so well . And this Hint is confirm'd by a very clear passage in Leslies Preface to his History , who being a Bishop himself , should be believ'd by another of the same Character in a probable matter of Fact. Nor can there be a clearer Confirmation of our having had the Druids amongst us , than that in several places of the Irish Version of the New Testament , the wise Men , or Priests , are translated Druids : and so , where the English Translation saith , That the Wise Men from the East came to worship our Saviour : Our Irish Translation has the Druids , &c. Our Predecessors also being descended from the Spanish Gallicks , or Galicians , as is acknowledg'd by Historians ; and they having had the use of Letters , and of Grammar , long before this time , as * Strabo confesses , it cannot be imagined , but that we as a Colony of them , would have likewise a part of their Art and Learning . Our Predecessors also had their Sanachies and Bards ; The first whereof were the Historians , and the latter the Poets of their Traditions , as Luddus himself acknowledges , and by either of these means , the Memory of our Kings and their Actions , might have been preserv'd until the 5th Century ; at which time we got Monasteries ; in which ( as I shall hereafter prove ) were written and preserv'd the Annals of our Nation . And since nothing but great Improbabilities , and fundamental Inconsistencies , should be allow'd to refute a History already receiv'd . I shall offer these Considerations for clearing , that this way of preserving the Memory of our Kings , is as probable a mean as any can be in History . 1. It is probable that our Nation , as all the rest of Mankind , who are warlike , and in constant action , would be desirous to preserve the memory of those Actions , for which they had hazarded their Lives , and by which they design'd to preserve that Fame , which they preferr'd to Life it self : And that the Kings likewise , whose Authority and Right was much reverenc'd for its Antiquity , would be as careful to preserve those Marks of their ancient Dominion . 2. We do not in this serious Debate , pretend to such ancient Originations , and Descents , as might through Vanity tempt Men to lie , as those do , who endeavour to derive themselves from the Trojans . All that we pretend to in this Debate , being only , that we are a Colony , who probably came first from Greece to Spain , but settled certainly in Ireland for some time : and that we came from them , after the time , in which Cambden , and Vsher acknowledge that the Nation of the Scots ( whose Name we only now bear ) were long settled there . Would not our Accusers have us trust the British Antiquities for 2500 years ? and the Irish for a longer time than our own , without any written History , or Manuscript now extant before Gilda's time ? And tho Lycurgus would not suffer his Laws to be written , yet they were preserv'd in the Memories of Men , for more than 600 Years , as Plutarch observes ; and we and other Nations have preserv'd some Laws for much longer time , without the help of writing . And the only Points here controverted , being the first Settlement of our Nation , and that we continue Subjects to the same race of Kings ; these are matters so remarkable , that most Nations know when such Changes happened to one another . As for instance , tho there were no History yet extant , we should easily have known that the Saxons , Danes , and Normans conquer'd the Britons , and alter'd the Race of their Kings . That Ireland had many little Monarchs , till they were swallow'd up by Henry the 2d of England . And that Edward Bruce , Brother to our glorious King Robert the first , was chosen King of Ireland , with universal Consent there , and might have continued in that Government , if from too great a love to Fame , and to gain a Victory without his Brother , he had not lost it , and himself . And though all these controverted Points , fell out in a time after the use of Letters was known to most Nations , and particularly to the Druids and Romans , the one whereof were our Priests , and the other our Neighbours very long , yet there remains not the least vestige of a doubt , that our Scepter was ever sway'd by any other Race . 3. Though we had wanted the use of Letters , as most probably we did not ; Yet the Tradition controverted , is at most of about 800 years . For , after that time , it shall be proved , that we had Records and Annals : And the things said of our Kings , during that time , are so few , and so remarkable , that Men might have taught the same to their Children in a weeks time : And Men lived so long at that time , that ten or twelve Men might have transmitted the Tradition to one another . As also , since private Families do preserve to this day their Tradition for as long time as this ; it was much more easy for a Nation , and their Kings , to preserve theirs . Nor can I tell why my Lord St. Asaph , in his Preface , can controvert our Tradition , though we could not produce Writers who lived in those Times , wherein these Actions are said to be done : since * he thinks it reasonable to judge that there was the same Government here in Britain , though for want of Ancient Writings , there could be produced no plain Instances of it . And if this be allowed to Episcopacy in these times , why should he not have allow'd the same favour to his Monarch's Predecessors , in the same and more ancient Ages . 4. It was much easier for us to preserve our Traditions , than for the English , we being all descended from the same Race , and being still the same People , living under the uninterrupted succession of the same Royal-Line ; Whereas they were oblig'd to suppress the Traditions and Memorials of the People whom they had conquer'd . 5. As no Man is presum'd to lie , or cheat , without some great Temptation ; so the most glorious things that are said of us , are true beyond debate . As our having defended the Ground in which we setled , against all opposition to this very day : Our having put the first stop to the Roman Greatness ; our having beat the far more numerous Britans , though defended by strong Walls , and stronger Romans : All which cannot be deny'd to have been done by us , and are equally noble , whether we were setled here or not , when we did them . After those controverted Times , it cannot be deny'd , that we carried our Conquests further into Britain than formerly : That we fought long with success against the Saxons and Picts , and did at last extirpate the latter : And when we were alone , we continued , and extended our former Conquests against the Danes and Normans ; which proves also , that in the Wars which we had against the Romans in conjunction with the Picts , the Victories we then got , are chiefly to be ascrib'd to us . And to crown all , we have generously contributed all that was in our power , to support that Ancient and Royal Family ( so unparallell'd for its antiquity ) by which we were animated , and instructed to do all those great Actions , till they are now become the Monarchs of the whole Isle ; having by a happier way extinguished those Wars and Animosities , and may he be unhappy who revives them . For clearing how this Tradition might have been , and was preserv'd ; Our History tells us of a probable way among many others , which was , That at the Coronation of our Kings , one appeared and recited his whole Genealogy . I shall trouble my Reader only with a proof of this Custom , which is such as confirms also the Genealogy of King Alexander the 3d , in the year 1249 , prior to Fordon's time , or to the view of any such Debate , and is related by Fordon and Major in the Life of that King ; and being so memorable a Fact , and so near Fordon's own time , his Relation cannot but be credited . His words are , That the King being plac'd in the Marble-Chair , the Crown upon his Head , and the Scepter in his Hand , and the Nobility being set below Him , a Venerable old High-landed Gentleman stept out , and bowing the Knee , express'd himself to the King in the High-land Language thus ; God bless you King Alexander , Son of Alexander , Son of William , &c. And so carried up the Genealogy to Fergus the First : Which Custom was most solemnly us'd at the Coronation of King Charles the Martyr , at which time their Pictures were expos'd , and noblest Actions recited . As also the reciting of their Genealogy was usual at the Burial of ours Kings , a written Proof of which Tradition , is to be seen in a Manuscript of Baldredus Abbas Rynalis ; ( for that which is the Abbacy of Melros , was so called before King David's time , who designs them so in the Foundations of the Lands of Melros , which he gives to them ) and is related verbatim by Fordon , consisting of eighteen Chapters , mentioning the memorable Actions of King David , upon whom the Lamentation is made , who died 1151 ; and running up the Genealogy of the said St. David to Fergus the First , dedicated to Henry Prince of England , Grand Nephew to St. David , who came to the Crown of England , Anno 1154 , under the name of Henry the Second : In both which at least Fordon is to be believ'd , having sufficient Vouchers . This also being ordinary in our High-land Families to this very day , not only at Burials , but Baptisms and Marriages : and in which Families , Men continue still to be design'd from their Fathers , Grandfathers , and very many Generations upwards ; as is a sufficient Historical Proof of Tradition , tho we had no other Warrant for those few Ages . Before I come to clear that we had Manuscripts and Records , it is fit to consider that is very probable , that as the History of most Nations was preserv'd by their Priests and Church-men : so ours would be very ready to oblige the Kings , under whom , and the People among whom they liv'd , by writing their Annals . And therefore we may reasonably conclude , that since we were very early Christians , we had therefore ancient Histories written by our Church-men , besides those which we may pretend to have been transmitted to them by the Druids . And the Bishop himself acknowledges that the Monastery of Hy , call'd by us Icolm-kill , ( that is Hy , the Cell of Columba ) was founded about the year 560 ; and it is undeniable , that 48 of our old Kings were buried , and our Records were kept there since its Foundation , until the Reign of Malcolm Canmore : and it is also certain , that our Annals were written in our Monasteries , such as Scoon , Pasley , Pluscardin , and Lindesfern * govern'd by three Scotish-Bishops , Aidan , Finan , and Colman ; and Abercorn , mention'd by † Beda ; and Melross , the Chronicle whereof begins where Beda ends , as their History now printed shews : though certainly that English Manuscript is very unfaithful , for most of the things relating to our Nation are omitted , as particularly about the beginning , in the year 844. Our Manuscript observes ( which the English has not ) That Alpin King of the Scots died , to whom succeeded his Son Kenneth , who beat the Picts , and was declared first King of all Scotland , to the Water of Tine ; and after it expresses in his Epitaph , Primus in Albania fertur Regnasse Kenedhus Filius Alpini , praelia multa gerens . And it observes that he was called the first King of Albany , not because he was the first who made the Scotish Laws , but because he was the first King of all Scotland . And each of our Monasteries had two Books , the one call'd their Register , or Chartulary , containing the Records relating to their private securities ; and another call'd their Black-book , containing an account of the memorable things which occur'd in every Year . And as it is strongly presumable , that our Historians would have compil'd our Histories from those : So this being a matter of Fact , is probable by Witnesses : and I thus prove it in such a way and manner as is sufficient to maintain any History . Verimundns a Spaniard , Arch-deacon of St. Andrews , in Anno 1076 , ( as is remarked by * Chambers of Ormond ) declares in the Epistle to his Book of the Historians of Scotland , dedicated to King Malcolm , call'd Can-more ; That , albeit there are many things in the said Histories , which may seem to the Readers to be a little difficult to be believed , because they are not totally confirmed by Foreign Historians : Yet after have they heard how the Scots were setled in the North Part of the Isle of Albion , separated by the Sea from the firm Land , and so seldom troubled by Strangers , to whom they give no occasions to write their Actions ; and also that they have not been less happy in having almost always among them the Druids , Religious People , and diligent Chroniclers , before the Reception of the Christian Faith , and continually since Monks , faithful Historians in the Isles of Man , and Icomkill ; where they kept securely their Monuments and Antiquities , without giving a sight , or Copy of them to strangers ; they will cease to wonder . This Chambers was a Learned Man , and a Lord of Session , who wrote anno 1572 , and in his * Preface , says , That he had those principal Authors , Verimund a Spaniard , Turgot Bishop of St. Andrews , John Swenton , John Campbel , and Bishop Elphinstoun , &c. and many great Histories of the Abbacies of Scoon , called the Black-book , and of other like Chronicles of Abbacies , as that of Inch-colm , and Icolmkill , the most part whereof he took pains to consider as much as was possible for him . He * cites Verimund for an account of the Scots and Picts , and after he also † cites him for the Miracle of St. Andrews in Hungus's time ; and he * gives an account of the tenor of the League betwixt Charles the Great , and Achaius , and asserts that the same was extracted out of the Registers and Books he mention'd , and particularly , out of the second Book of Verimund . Sir Richard Baker cites this Verimund , among the Authors out of whom he compiled his History ; and with him he cites Ioannes Campbellus , who ( he says ) wrote the History of the Scots from the Origine of the Nation till the Year 1260 , in which he liv'd : And also Turgot , who ( he says ) wrote our Annals from the beginning till the Year 1098 , in which he liv'd , ( and him likewise Hollinshed cites ) ; as also Aluredus Rivallensis , who wrote the History of King David , and died Anno 1166 ; and Bartholomeus Anglicus , who wrote a Chronicle of the Scots , and liv'd in the Year 1360. Two of which three last , we have reason to think were Scots-men , and have been called English-men , only because they liv'd in the Counties which now belong to England , but then certainly belong'd to us ; and if they be Englishmen , they are yet the more credible Witnesses for us . And as the worthy Baker says , he compil'd his History out of these Books , which he neither would nor could have said , if he had not seen them : So it is very probable that he did see them ; our Records and Manuscripts having been industriously carry'd to England by Edward the First , as shall be hereafter observ'd : Nor can it be answer'd , that he cited them at second-hand from Boeth , or Buchannan , for else he had cited the other Authors whom they cite , such as Richardus de sancto victore , Fordon , Major , &c. All this doth evidently demonstrate that we had such Historians as Verimund , and the others above-cited , who asserted before Fordon what he has related : so that it was most unwarrantable to say , that these things were dream'd by Fordon and Boethius , but that Verimund was seen and consider'd by others , and cited in a particular part of his Book , which could not be copied from Boethius , because he doth not cite Verimund for all those Transactions ; and upon this * Balaeus , a Learn'd English-man , hath rested . And † Holinshed says , that Verimund wrote a Book , De Regibus Scotorum . Nor can it be deny'd that Gesner in verbo Verimund , and other famous Strangers , cite him as one who has written our History ab exordio Scoticae gentis , usque ad Malcolmi tempora . And it is incredible to think so good and grave a Man as Boetius could have been so impudent to assert in * his Dedication to King Iames the 5th , That these Books were sent to him by the Earl of Argile , and his Brother the Thesaurer from Icolmkill , and that , he had follow'd them in writing his History : Especially since he is by Erasmus that great Critick , admir'd as a most Learned Man , they having studied together at Paris , where he remembers that he was in great esteem . And in a Letter concerning him , Anno 1530 , inserted in the Life of Erasmuus , he remarks , that Boethius was a Person who could not lie . How can it then be imagined , that he would have adventur'd to have printed a whole Romance , and have told his King and the World , that he had the Manuscripts by him ? Nor is this asserted only by Boethius , and our own Historians , but by Paulus Iovius , a very famous Foreign Historian , who in his Description of Scotland , says , * That in Iona ( which we call Icolmkill ) are kept the ancient Annals and Manuscripts in hidden Presses of the Church , and large Parchments asigned by the King 's own hands , and seal'd either with Seals of Gold , or Wax . By which also it appears how nice we have been in securing the Faith of our History , the Seals of our Kings being put to what was written by our devout Church-men . And whereas the Bishop of St. Asaph , to lessen the Credit of Boethius * , relates , that Bishop Gavin Dowglas advised Polidor Virgil not to follow his History . Polidor Virgil himself is appeal'd to , where there is no mention of Boethius at all , nor could it be ; for Polidor regrates that Gavin Dowglas died Anno 1520 , whereas Boethius was not publish'd till 1526 , and † Boethius himself informs us , That the Records from which he form'd his History , were sent him from Icolmkill Anno 1525 , and no sooner ; neither did he see those Warrants from which he wrote his History , till that Year . And it appears by that passage , that Gavin Dowglas believ'd our account , and produc'd a Manuscript for it , which I now cite , and use as an accessory Argument , and prove it by the Bishop of St. Asaph , and Polidor : and whereas the Bishop of St. Asaph pretends that the Relation given by Gavin Dowglas agreed with Nennius , but contradicted Boethius ; the contrary is probable by Polidor's own Relation of what Gavin Dowglas writ to him , which agrees with Boethius in every thing relating to our Antiquity . The Bishop of St. Asaph is also most unjust to Boethius , in alledging that Vossius considers him as a fabulous Author : For Vossius commends him from what Erasmus and Buchannan say of him , and in the end taxes him only a little for having believ'd too many Miracles , a fault incident to most Popish Writers in those times , but to none more than to the Bishop's own obscure Authors , for which , among many other Testimonies , I refer my Reader to them who writ the Preface to the Histories of Matthew of Westminster , and to the Life of King Alfred , and Walsingham's History . It can also be proved by many famous Gentlemen , that the Black Book of Scoon , containing our Histories from the beginning , was among President Spotwood's Books , and was given by Lewis Cant to Major General Lambert , and by him to Collonel Fairfax ; which Book King Charles the first had ransom'd from Rome by a considerable Sum of Money . And it is certain that Spotswood had it , and the Black Book of Pasley , signed by the hands of three Abbots , when he compil'd his History : Which Book of Pasley , together with the famous Book of Pluscardin , Buchannan says he had , and frequently cites : and that there were such Books is known to the whole Nation . And I my self have seen in the Learned Sir Robert Sibbald's Library ( to whom this Nation owes very much ) a very old Abridgment of the Book of Pasley ( which Book Bp Vsher himself also cites ) agreeing in every thing with our Histories , and which was extracted per venerabilem virum Ioannem Gibson Canonicum Glasguensem , & Rectorem de Renfrew , Anno 1501. And two other old Manuscripts , the one called , Excerpta de Chronicis Scotiae , & Scoti-chronico , which comes to the Reign of King Iames the 2d . and belong'd to Doctor Arbuthnot Physician to King Iames the 5th ; and this proves that there were Chronica different from Fordon's . And the other , Extracta de Registro prioratus Sancti-Andreae , giving the Irish Names of our Kings . As also I have seen a Manuscript written by a Brother of the minores Observants of Iedburgh , in Anno 1533 , containing an Abridgment of our History , and whereof Doctor Sibbald has another Copy . And there is another old Manuscript written by Ventonius yet extant , which Buchannan also cites , and follows . Since the Writing of these Sheets , I have seen a very old Manuscript brought from Icolmkill , written by Carbre Lifachair , who liv'd six Centuries before St. Patrick , and so about our Saviours time ; wherein is given a full account of the Irish Kings : By which I conclude , that since the Irish had Manuscripts then , certainly we must also be allowed to have had them , having greater occasion of learning Sciences , and writing Histories ; because of our Commerce with the Romans , and polite Britans . In this Book also there are many Additions by the Druids of those times : from which I likewise may confirm that the Priests in our old Monasteries learn'd our Ancient History from the Druids who preceded them . I have seen also an old Genealogy of the Kings of the Albanian Scots , agreeing with that mentioned in our History at the Coronation of King Alexander the 2d , and which has still been preserv'd as Sacred there . I have also seen another old Manuscript , wherein the Dalreudini Albanach are considered as setled here six Generations before Eric , whom Vsher calls the Father of our Kings . I find also in it , that Angus Tuerteampher reign'd in Ireland five Generations before our Fergus the First ; and that in his time the Irish and Albanians divided , and separated from one another . Which agrees with our Histories , which say , that the Scots were in this Country long before King Fergus and his Race setled here . And these our Irish Manuscripts agree in every thing with the above-cited History of Corbre ' , and are in effect Additions to his Book by our old Sanachies . Having thus cleared , that there were sufficient Warrants upon which our Authors might have founded their Histories ; I shall in the next place say something of our Historians , and make appear that they deserv'd the credit and applause they met with , and that they founded their History on those good Warrants , from which Verimund , Boetius , and Chambers are formerly prov'd to have drawn theirs , viz. our ancient Annals and Registers . Fordon was no Monk , as the * Bishop is pleas'd to call him , and we had no such Monastery as Fordon : but he was venerabilis vir dominus Iohannes Fordon Presbyter , and is called a Monk by the Bishop ( who studies still his own conveniency ) to make the World believe he was inclin'd to lie , as the Monks are said to have been in that Age ; and to shew him interested for the Independency of Monks and Culdees from Bishops . This Author began at least to write before the Year 1341 ; for , in his Book he speaks of that as a present Year . This Book was so esteem'd , that there were Copies of it in most of our Monasteries , and one of them we have in very old , but in fair Characters , continued by Arelat ; another continued by a Reverend Man , Walter Bowmaker , Abbot of Icolmkill , and found in the custody of one , who had preserv'd several of the Manuscripts of that Monastery : And both these Continuations have drawn out our Histories to the Reign of King Iames the 2d . And it is not to be imagin'd that the Monasteries would have esteem'd it so much ; or that the Abbot of that Monastery , where our chief Annals were kept , would have continued it , if they and he had not known it to agree with their Annals . And Fordon cites frequently through his Book Chronica , & alia Chronica , and Beda , and follows him exactly : he cites also Adamnanus , who liv'd before the Year 700 ; and Turgot Archbishop of St. Andrews , who lived anno 1098 , and Alvared , ( who dedicated his Book to King Malcom the 3d , about the year 1057. ) He cites also other foreign Authors , such as Sigisbert , and Isidor , and so has done all that the Bishop requires , and all that the best Historians can do : Neither does he follow Ieffrey , but contradicts him , even in the instance of Bassianus , as shall be cleared to conviction , in answering the Bishop's Objections . He has in him also Baldredus or Ethelredus , and the Process before the Pope , containing the Copies of the authentick Letters , Objections , Apologies , and Answers made and sign'd by Edward 1. and his Parliament , and the Scotish Nobility , produc'd before the Pope , about the year 1300 , whereof the Copies are not only extant from Fordon , but the Bishop also insinuates that the Originals themselves are extant in England , and certainly they were at Rome . And Fordon cites many other considerable old Records : He writes in a good Stile , and with good Judgment : and the reason why this Work was not printed , was not because it deserv'd not the Press , but because Boethius , Buchannan , and Lesly having printed their Histories in their own time , and there being no printing in his , it was thought we had Histories enow ; which also occasion'd the perishing of many of our excellent Manuscripts . But why should the Bishop object to us Fordon his not being printed , since he cites against us Manuscripts never cited by any , and which have been left unprinted in a Country where every thing is printed : and I dare say , after exact perusal of the Bishops Book , and of the Authors cited by him , that Fordon is preferable to all those old Legends , and most of those Authors which he cites against us , venerable Beda only excepted , who is still on our side . Ioannes Major was Rector of the famous Divinity-School of Paris , and was a Man of such Reputation in that University , as that he is yet remembred with esteem , and a Man of too innocent a life , to have written a Romance for a History ; and he likewise relates to Beda , and our Annals . Of Iohn Major a full account and Elogium is given by the Learn'd Launoy Academiae Parisionsis illustrata , Tom. 2. pag. 652 , 653. & sequent . One of the most accurate Writers in this Age * says , That the talent of writing History hath not been found on this side of the Alps in any , save in Buchannan , who hath written the History of Scotland , better than Livius did that of Rome . The Bishop of Condom also , and the famous Rapin , in their exact Essays concerning History , have preferr'd none to him , save Mariana the Jesuit , whom all Men know to be far inferior ; but they prefer Mariana , because Buchannan was a Protestant . Ioseph Scaliger says of Buchannan and Us , Imperii fuerat Romani Scotia limes , Romani Eloquii , Scotia finis erit . And * Mr. Dryden also my Friend , whom I esteem a great Critick , as well as Poet , prefers Buchannan to all the Historians that ever wrote in Britain . And tho I approve as little of Buchannan's Politicks as the Bishop of St. Asaph doth , yet I will not be so unjust to him as he is , * in saying , That Buchannan in the Life of Fergus the First , refers to our old Annals , but he cites them not ; for there is no such thing in the Life of that King : And he was not so much a favourer of Monarchy , to have allow'd it the advantage of so singular an Antiquity , if he had not found the same due to it , from our Manuscripts and Records , beyond all contradiction . Bishop Lesly , and Arch-bishop Spotswood are Men who have written our History with great judgment and truth , and it cannot be imagin'd that they who were indeed banish'd for Loyalty , and suffer'd the loss of all for their Perswasion , would have asserted a whole bundle of Lies , or a continued Romance , as the Author calls our History , especially since they had both seen Luddus , and knew that their History would be enquired into . And * Lesly has the confidence to tell in his Preface to the Nobility , That his History had been drawn with all the exactness that the truth of History requires from the ancient Records of the Kingdom , and the Monasteries , and he was then at Rome , whither they were carried . It is also very pleasant to hear the Bishop of St. Asaph inveigh against Dempster the Jesuit , one of our Antiquaries , whose Book certainly he had never seen , else he would never have call'd him a Jesuit as he * does . For the very Title of his Book bears that he was Baro de Muiresk , and a Lawyer , and he was indeed Professor honorarius of the Civil Law at Bolognia in Italy , and died married , as the History of his Life , writ by Peteraces , bears : and we may know by the Elogies of the greatest Wits in Italy , how much they esteem'd him for his extraordinary Learning , and Parts . I may add to these , David Camerarius de fortitudine , &c. Scotorum , besides Richardus de sancto victore , and Cornelius Hibernicus , both which wrote our ancient Histories , the last of them liv'd in the year 1140. And they are both follow'd by Boethius , and cited by Vossius , Baleus , Sixtus Senensis , and others ; and also Adamnanus that wrote St. Columba's Life . From all which it appears , that our Historians have been Men of great credit and esteem , and have founded their History upon more authentick Documents , than almost any other Historians in the World , viz. the Records of many Monasteries in the time when Monasteries were very devout , and upon the universal Tradition of the times , both ancient and modern ; and that before there was any competition or controversie concerning our Antiquity ; and that what they have said , has been universally believ'd by all the learned World. To which I shall add that our Clerk of Registers , Skeen , the great Antiquary , had added from those ancient Records a Chronology of our Kings , and which he has inserted amongst our Acts of Parliament . Is not then the Bishop of St. Asaph much to blame , when he would have all this pass for a Romance , and all those Authors to be reputed only as one ? Because , as he says , they followed one another from Fordon , and he follow'd Ieffrey ; neither of which is so . Tho I confess the contrivance of this untruth was prety , but happily disappointed , by their asserting that they founded their Histories upon the old Records of our Monasteries , and on Turgot , Verimund , and others ; all which they had seen , and who are elder than Fordon . And it might be as well objected against Witnesses , that they came in and depos'd one after another , giving for the reason of their knowledg , that they had seen what they depos'd . If all these Manuscripts , which I have cited were extant , I doubt not but the Author himself would acknowledg our Histories to be instructed beyond debate ; and therefore if I can instruct them to have once been , they must be reputed as good as extant still . For both Law , and common Reason having consider'd that Papers are very subject to be lost , and to perish ; have therefore allow'd , that if it can be prov'd , that there were such Papers , and that they were lost by accident , that this probation shall supply the loss . And I desire to know if the Warrants of Dr. Burnet's History of the Reformation had been burnt , would not the Bishop of St. Asaph have been angry , if his Testimony and Dr. Stillingfleet's had not been sufficient to prove the tenor of them ? And what have we for many Authors , whom Livy , Iosephus , and Herodot cite besides their own Testimony ? And what probation did ever Mankind see stronger , than that which we adduce in this case ? For first , that all our Monasteries did write our Annals , is beside common Fame , and universal and late Tradition , which passes over all our Country , prov'd by the other Authorities above cited : If then two ordinary Witnesses be sufficient to prove a matter of Fact , we must much more allow , that this matter may be prov'd by very many Persons , considerable for their Devotion and Quality . 2. There are other Manuscripts yet extant , some whereof I my self have seen , and have formerly nam'd , all agreeing with the tenour of our History , and long prior to Luddus's starting of this Debate , in Anno 1572. And so must prove sufficient to support our Histories , and those Witnesses ; especially seeing they have nothing in them contrary to Reason , or other credible Histories ; but on the contrary , are supported by both , and written by Authors of great Integrity and Knowledg , and have been receiv'd with great applause in the World , and are also confirm'd by the English Historians themselves . And therefore I must conclude with the Learned Vossius , * That albeit the old Monuments of Rome perisht , that therefore the Faith of their History should not perish with them . Lest it might be thought that we our selves caus'd to destroy those Records we now cite , to prevent further inquiry , and to shew how much harder it is for us than other Nations , to be call'd to such an account : I shall desire Strangers to be inform'd as a casus omissionis , that our ancient Records were destroyed in three remarkable occasions ; 1. When Edward the First took away all our Records that he could find , having , as all Historians declare , resolv'd to abolish all memory of our Nation : and of which we accus'd him before the Pope , and he did not deny it . 2. When our Monks flying to Rome at the Reformation , carry'd with them their Records . 3. By Cromwel , who carry'd our Records into England , and many of which were lost at Sea in their return . But if our Historians are to be rejected , I hope it must be by the Authority of far more , and far more credible Authors , agreeable to a Principle of Dr. Stillingfleet's , the Patron of our Bishop's Book , who * says , Certainly they who undertake to contradict that which is received by common Consent , must bring stronger and clearer Evidence , than that on which that Consent is grounded , or else their Exceptions ought to be rejected with the highest Indignation . Which Principle , as it seems to be recommended by Reason , so it is founded upon the express Law of all Nations ; by which it is acknowledg'd , that the Testimonies of Witnesses are not to be reprobated but by others in a double number , and who are of far greater Authority . And from this Principle it is , that if a Jury of fifteen hath absolv'd a Man unjustly , though that Jury consisted of the meanest Men of the Nation , yet their Verdict cannot be question'd for error , otherways than by twenty five , whereof most part must be Persons of Quality , who must proceed upon most infallible grounds and evidences . By this rule then , our Historians cannot be redargu'd , otherways than by the Testimonies of far more unsuspected Historians , who agree in what they assert against us , and who are receiv'd with greater applause in the World than ours , and proceed upon far stronger Evidences . Let us then examine if these Qualifications can be found in those Historians , by whom the faith of ours is to be overturned . And first , as to the old British Historians , it might be objected by us , that they are too much interested , both because the Subject Matter is an emulation for Antiquity between the two Nations , and because they were over-run by our Country-men at that time to a degree to make them passionate enough for disabling a Witness : And as it is very remarkable that Florentius Wigorniensis , Malmesburiensis , Huntingdonensis , and Hoveden wrote about the Reign of Henry the Second ; and Tho. Walsingham , and Matthew of Westminster , in the Reigns of Edward the Third , and Henry the Sixth ; at all which times there were Wars and Animosities betwixt the Nations . So if any Man will read the sad Lamentations that are in Gilda's , and the rage with which he cries out against us , no Man can allow him to be an unsuspected Judg or Witness in what concerns our Honour . Polidor Virgil suspects , * that there are some things supposititious in the History of Gildas ; and if any thing , certainly we may suspect most what is added concerning us ; since the design of detracting from our History , possest too much those who were Masters of that Manuscript , and printed the same . And yet Gildas says very little that can be wrested against us in the Points controverted ; being , as Beda interprets him , clearly for us , as shall hereafter appear . 2. As our Writers are not inferiour in number , so most of theirs deserve no credit , and they agree not so well against us in the Points controverted , as our Authors do in what they assert , viz. when we setled here , and who were our first Kings : For * Nennius Britannus does positively say , that the Scots came here in the time of Brutus . Matthew of Westminster says , that we setled here the eleventh year after Christ. And Baker * acknowledgeth that Severus built his Wall against the Scots and Picts , without mentioning this to be the first incursion ; and this at least confutes the Bishop of St. Asaph , who asserts that we were not come to this Isle even by way of incursion , till after the year 300. As they thus differ remarkably as to our Origination , and most of them follow Ieffreys ridiculous Inventions , as our Author himself acknowledges : So * Holinshed , speaking of those ancient times , says , That Scotland had in those days two Kingdoms , the one whereof consisted of the Picts , called Pictland ; and the other of the Irish Race , call'd Scotland : which I hope ( says he ) no wise Man will readily deny . And Caixton in his old Chronicle of England , tells , that the King of the Scots assisted Cassibelan King of the Britains against Julius Caesar : which shews that our Antiquity was believed . And Balaeus , a most famous English Chronologist , says , that * the Scots wrote , &c. ex incorrupta annalium Fide. 3. That our settlement was so ancient , as not only to have been contemporary with their Historians , but even to be higher than their Chronology could reach to , appears from this , that Gildas declares † he knew nothing of us , but what he was forc'd to borrow from beyond Sea. * Beda places us amongst the old Inhabitants of this Isle , without condescending upon the particular time , which he had given us , if he had known it himself , as he did in all other occasions . Nennius their next Author to Beda owns , that the most skillful amongst the Scots , affirm'd in his time , that we were descended from Scota , as our Authors now do . * And the eldest after him affirm , that we are descended from Albanactus , second Sond to Brutus . And this is so far acknowledg'd by succeeding Ages , that Edward the First did upon that account claim the superiority to England over us , as younger Brother to Locrinus the eldest Son of Brutus . And we may see in Hollinshed , * where he brings in many Scotish Kings doing Homage to the Kings of Britain , long before this year 502 , and in which several of their Authors agree with him . And the Bishop fore-seeing the unanswerable strength of this Argument , acknowledges this Superiority to be a most unjust Pretension , as indeed it is ; especially seeing it is undeniable , that there was any such thing known in the World then , as that Feudol Homage which the English Historians contend for ; there being no Vestige thereof in any part of Europe , till the 800 year of God , and we having had no such Kings as some of those whom they name in that ancient Homage . But yet even all these Forgeries prove clearly , that we were consider'd by those Writers , as Inhabitants here past all Memory , and as ancient as themselves . * Giraldus Cambrensis also considers us as descended from Gathelus and Scota , which proves not only that this old Tradition was believ'd , but that Fordon was not the inventer of it . For Girald liv'd about 200 years before Fordon . But how any Historian in this also can controvert this Antiquity after Selden has asserted it , Lib. 2. cap. 8. I understand not . There is likewise a very full and well written Manuscript in the hands of the Lord Maitland , which makes us to come from Spain , about the year of the World 3242 , and to have been first govern'd by Captains , and thereafter govern'd by the Kings mention'd in our History . 4. There are no positive Authorities produc'd against us , condescending expresly when our Royal Line did begin , save three Legendary Stories written with design , in whom no Protestant Bishop can find any considerable Passages worthy to be cited ; the easiest thing in them being , * That a Child made a Fire of Ice ; † and that when St. Columba was sick , his Mare wept . The first is a nameless Author of St. Patrick's Life , cited by * Vsher , who affirms , that when Neil Neilialagh was King of Ireland , and Constantius was Emperor , Muredus King of Ulster had six Sons , who possest themselves of the Northern Parts of Britain , and the Nation sprung from them ( as Giraldus repeating this passage , says ) was by a special name called Scotland . And it may be , saith the Bishop , Reuda mention'd by Beda , was one of these six Sons . Joceline , another Author of St. Patrick's Life , * tells , that the twelve Sons of the King of Dalrieda in Ireland , having despised their youngest Brother Fergus , he complain'd of them to St. Patrick , and he prophesied to him , that from him should descend Kings , who should reign in many Foreign Kingdoms ; and accordingly Fergus became King of all Dalrieda , and after his Successors had for many Generations reigned there , Aidanus the Son of Gabranus conquer'd Albania , now call'd Scotland , and the other Isles , in which his Posterity by due Succession reign to this day . But an elder Author cited by Cambden ( and whom * Usher calls the writer of the Tigernack Annals ) brings the Scotish Kings from another Origine , to which Usher himself is inclin'd . Fergus ( says that Author ) the Son of Eric , was the first of the offspring of Chonar , who obtain'd the Kingdom of Albania from Brown-Albain , to the Irish Sea and Inchgall , whom he places Anno 503 , and from him the Kings of Fergus ' s race reign'd in Brun-Albain , or Brun-heir to Alphin the Son of Eochal , and with this ( as the Bishop says ) the Irish Genealogies agree . And thus our approv'd History must be overturn'd by Legends , and Genealogies . Upon which passages I beg leave to make these few Reflections . First , that ( besides , that these Authors liv'd not within 600 years of the times of which they wrote ( which the Bishop of St. Asaph objects to ours ) they do also contradict not only our Story , but the Roman , who place us here much sooner ) . All these three Authors contradict one another in the most remarkable part of our History , and in so late a matter of Fact , as that of Fergus the Second , which shews them neither faithful nor learn'd Chronologists . The first nameless Author , writer of the Life of S. Patrick , makes our King to have been one of the Sons of Mured , whom Vsher conjectures to have been Reuther , and he must have liv'd in 360 ; for Constantius reign'd then , and Mured's Son liv'd in his Reign . Iocelin makes Aidan to be the first , and to have sprung from Fergus after many Generations : And this agrees well with ours , but not with the other Writers of St. Patrick's Life . For we place the beginning of Aidan's Reign in 570 , and it could be no sooner , according to Iocelin . The third is the Author of the Tigernack Annals , or an ancienter Writer cited by Cambden , who places our first King in 503 , and there he is call'd Fergus ; and so they neither agree in the name of our first King , nor in the time of their entry to this Kingdom . Which dreaming Glances have risen from an imperfect notion of our History , the first having borrowed his from Beda , who brings us here sub duce Reuda : the second has been invented to fulfil the Prophecy of St. Patrick , who promis'd the Kingdom not to Fergus himself , but to one of his Succession , and therefore finding none of our Kings nam'd in Beda , save Reuther and Aidan ; he fixes on Aidan as the latest . And the third of these , finding that Fergus was uncontrovertedly the name of our first King , will rather contradict the rest , and go back from Aidan to Fergus . And thus they clensh here , making the the first Fergus the second , as they do elsewhere , in making Scotia to be Ireland , or Scotia major . 2. Since the Bishop's Authors are so irreconcileable , what Warrants can he or they have to contradict our positive History ? * And Bishop Vsher cites another Author of St. Patrick's Life , Meyerus , who tells us that after St. Patrick ' s Voyage about this Isle , he turn'd his Boat to an Isle which bears to this day the name of St. Patrick ; out of which Isle I believe the Accusers of our Historians got their best Intelligence . 3. That this Reuda could not be one of Mureda's six Sons , is most clear , both because Beda speaks of the Scots coming to this Isle , as very ancient , even in his time , which could not be if this had happen'd in Anno 360 ; for Beda liv'd in Anno 730 , and how can it be imagin'd that Beda could not have known the whole Series of a Royal Descent that was so recent . Nor do our Historians , whose Faith is not controverted , after Fergus the Second , mention any Reuda after his Reign : and so he behov'd to be an elder King , and consequently we had King 's before Fergus the Second , which the Authors denies . Nor could any of these Sons of Mured have been Fergus the Second , whom these late Inventors call our first King ; for no Author makes Fergus the Second to have reign'd within more than 40 Years after Constantius . Luddus and Cambden assert us to have setl'd here , under Fergus the Second , in the Reign of Honorius , at which time Fergus the Second did reign . Vsher relates only the three Authorities of those ridiculous Legends ; and the Bishop of St. Asaph fixes on the year 503 , and so contradicts not only our Historians , but * Luddus and † Cambden in making Fergus the Second near 100 years later , than truly he was . As these few prime and late Authors who controvert our Antiquity , differ thus in the names of our first Kings , and the time of their settlement in Scotland ; so they differ in these following cardinal Points of their new invented Hypothesis . The Bishop of * St. Asaph thinks it necessary for maintaining that the Scots setl'd not till the year 503 , to assert that the Picts fill'd all the Northern Parts of Britain , and that those Picts were a ruder sort of Britains , divided in South and North Picts ; in which he follows * Cambden , yet with this difference , implying a contradiction , that Cambden makes these Deucaledones and Vecturiones , to signify by a British derivation , Picts , to the East and West : Whereas the Bishop of St. Asaph , from a British derivation of the same words , calls them Southern and Northern Picts . But Cambden does acknowledge plainly that in this Derivation , he differs from the venerable Beda , whose Authority he truly foretels will weigh down the Reasons he brings for his Conjecture . And as he , contrary to the universally receiv'd opinion , denies the Picts to be Schythians , tho they were really so , he makes the Scots to be Schythians , though really they were not so . * Vsher not having considered all the Scheme and Consequences of this new Hypothesis ( as the Bishop of St. Asaph has done with more cunning ) follows Beda in bringing the Picts from Schythia , but he differs from Beda in that he brings them hither after our Saviour's Birth , and produces such Authors as he uses in our occasions , who assign three different Periods of time for their settlement ; the last whereof , and to which he inclines , is said to be under the Emperours Gratian and Valentinian ; and so makes the Scots and Picts to have come in together about the year 400 , and yet he finds no inconveniency in bringing us to Scotland under Gathelus and Scota , and in asserting that we setled first in Galloway , whereas none of our Historians do say that Gathelus and Scota came to Scotland , and the Bishop of St. Asaph and Cambden assert our descent from Scota to be a Fiction ; and the Bishop of St. Asaph * confesses us to have first fixt in Argile . Another material difference amongst them is , that the Bishop of St. Asaph † confines us and the Picts , for 1000 years be-north Grahams Dike , call'd Severus Wall , beyond Clyde and Forth . Whereas Cambden ‖ asserts that Edinburgh was the chief Seat of the Kings of the Picts , and derives the names of Louthian , Edingburgh , and Pictland , from Pictish words . From all which it clearly appears , that no weight is to be laid on such irreconcileable Authors ; and yet by these only , is the Antiquity of of our Kings and Nation controverted . But to confirm fully our History from Iulius Caesar's time , and to shew that the British Historians do not only contradict one another , but do contradict the two only ancient Historians , who could understand any thing of our Origine , as being the eldest and most deserving of all their own Authors , viz. Gildas and Beda ; I do appeal to them . And I begin with Beda , because he is most full , and interprets the other . The venerable Beda , tho a Saxon himself , and so an Enemy to us , having written an exact Chronology , according to the periods of time ; does in his first cap. de * priscis incolis , tell us , that God was praised in five languages in this Isle , that of the English , Britains , Scots , Picts , and Latines : and then proceeds to tell , that the Britains were the first possessors , and possest the south parts , after which came the Picts to the northern parts , and the Scots under Reuda , thereafter made a third Nation , in that part belonging to the Picts , getting the western part of Scotland , North from the Picts , called Dumbriton , or Alcluith . And he inculcates their fixing here , by three several , but concuring Expressions . 1. Progressi ex Hibernia , they left Ireland . 2. Sedes vindicarunt in Britannia , they setled in Britain . 3. In Britannia Britonibus & Pict is gentem tertiam addiderunt , they added a third Nation to the Britains and Picts . And that this was very ancient is clear ; for he fixes them in Britain in that Chapter wherein he treats de priscis incolis ; and having thus setled the Scots and Picts in his first Chapter with the Britains ; he proceeds in the second Chapter to settle the fourth Nation , viz. the Latines or Romans , beginning with these words , * But this Britain was unknown , and not entred upon by the Romans , till Julius Caesar ' s time . And having describ'd the Wars betwixt these three Nations and the Roman Emperours , in a due gradation , marking every period of time through the Reign of their consecutive Emperors ; and how at last the Romans had abandon'd the Island , and Aetius the Roman Consul , had refus'd the Petition of the miserable Britains , so often defeated by the Scots and Picts : he in the 14 Cap. relates how the Britains upon deep consultation , brought in the Saxons , and from thence continues the Saxon History . This being the tract of Beda's History ; Is there any place to doubt but that the Scots were setled before the Saxons ? For the Wars betwixt the Romans and Scots are related exactly before any mention is made of the Saxons ; and at last they are only brought in to assist the Britains against the Scots and Picts , because the Britains were deserted by the Romans , and consequently the Saxons having been brought in Anno 449 , it unanswerably follows , that the Scots were setl'd here , and made a third Nation , long before the 503 , as the Bishop of St. Asaph alledges , at which time he makes us to have setl'd here very cunningly , but not sincerely , upon design to make us later than the English. As also it appears very clearly that the Scots setl'd here even before Iulius Caesar's time , for after Beda ( who proceeds exactly according to the Periods of Time ) had setl'd us in Britain , he tells , * that this Britain was unknown to the Romans , and describ'd what these Romans did in the Isle , and how they fought with the Picts and Vs under their subsequent Emperors , without ever speaking again of the entry of the Scots , as having setl'd them in the first Chapter , before Caesar's time . Nor is the time alter'd in any other Period ; and he is so careful of the Period of time , that he subjoyns to his Work a Chronological Recapitulation , which is very exact . And he being a Saxon , had certainly told ( as the Bishop now does ) that the Saxons were elder than we , if this had been true ; which is a demonstration according to the Rules of Chronology , against the Bishop of St. Asaph . It may be some may wonder why Beda mentions not our coming under Fergus the first ; and some may object , that in this we go higher than Beda . To which it is answered , That our History confesses , that the Scots came over from Ireland at several times : Once under Fergus the first , but not being numerous enough , Reutherus brought over another recruit , and thereafter Fergus the second brought over others after his Predecessor Eugenius was expell'd by the Romans and Britains . And in so old Antiquity , it 's much for Beda , even to know the Descent under Reuda . And whereas the Bishop quarrels Beda , that he gives no Authority for this : The Reply is , that if it were requisite , then one Author behov'd to give another , and he a third , & sic in infinitum . Nor did ever any Man before him require an Authority in so ancient an Author : and this Answer is a full proof of the Bishop's Conviction , who being absolutely gravel'd here , he grows as angry at Beda , as at our Historians , and tells , disdainfully , that this might be true for ought Beda knew , and adds , that the Scots were indeed here in Beda's time , and he speaks according to his own time , which were to make Beda speak great non-sense . For Beda speaks here of the preterit , and not the present time , viz. The first Vastations spoke of by Gildas , and we shall see that others , who lived in the time agree with him . The second Citation I shall bring from Beda , shall be from the 5th cap. l. 1. Eccl. Hist. where he says , that * Severus built a Wall to defend against the other unconquer'd Nations , and in the 12 cap. he tells that † Britain was vex'd by the Scots and Picts , two over-Sea , or Transmarine Nations ; and thereafter , as if he had been afraid that this word Transmarine , might have been mistaken , he adds , ‖ that they were not call'd Transmarine , because they liv'd , and were setled out of Britain ; but because they were separated from that part of Britain by the two Seas , which did almost meet . And in this he agrees exactly with Tacitus , who in the Life of Agricola , says , that there being a Wall built betwixt these two Seas , the Roman Enemies were closed up as in an Isle . By this place of Beda it is also very clear , that the Scots were setled in Britain whilst the Romans fought against the Picts and Scots , and consequently before they were call'd by the Picts to defend them against the Saxons , as is alledged by the Bishop . If the Scots had not been living in this Isle at that time , the explication of Transmarine had been both ridiculous and untrue . And as it is not presumable that the venerable Beda would have asserted this , if he had not certainly known it ; so it was very easy for him to know it , that being so publick a thing , which concern'd his own , as well as his Neighbour Nation . But if the Scots had setled in anno 503 , Beda could not have call'd them * Prisci incolae , and reckon'd them amongst the ancient Inhabitants . For a Man living in his time , might have told him , that his Father saw the Scots call'd over by the Picts , and that they settled here in his time . Beda being thus clear to a Demonstration , as far as Chronology and History can allow : I desire to know how what Gildas says , can contradict our History , since he copies Gildas , and liv'd within 200 years of him ? and since both wrote the same Actions in almost the same words ? Or how can it be imagin'd , that if Gildas had known our Origin to be so late , he would not have told it to our disadvantage ? whereas on the contrary , he speaks of Scots and Picts as living in this Isle , after the same manner as Transmarine , in the same sense , in which Beda interprets it ; which is , because they liv'd not without the Isle , but on the other side of the Wall , which made an Isle . From which it follows necessarily that in Gildas's time , the Scots dwelt not without the Isle of Britain ; and Gildas having been born in Anno 493 , as is said in the Calculation prefix'd to that * Edition , which himself relates , it is clear that he was born 10 Years before that Year , in which the Bishop of St. Asaph pretends we first settled here ; and so certainly he could not but have taken notice of the settlement of a Nation , in which he was so much concern'd . And albeit he says once , speaking of us , that Hiberni revertuntur domum . Yet that was spoke of us as settl'd here , and as being Irish by extraction , as shall be hereafter clear'd . Nor must our Histories which are so positive and unanimous , be overturn'd by Clenshes and Equivocations , and remote weak Consequences , without Authors living at the time , and mentioning expressly so remarkable an Accident . Before I enter upon Foreign Citations without the Isle , I must observe , that we having kept the Romans ( the only writing Nation that had any knowledg of these our Isles ) from entering our Kingdom ; they could not know our Antiquities , as they did those of England or France , whom they had conquer'd . But our being engag'd in a constant War with them , is so universally related by all their Historians ; that to deny our being a Nation , and in Britain , when they so frequently and unanimously writ of us , as Gens , & Gens etiam Britannica , fighting here , cannot but seem Railery to any Serious Man : and the being able to controvert it , is rather a mark of nimbleness of Wit , than skill in Antiquity . But however I shall produce some few Foreign Authors , whose Testimonies seem to me unanswerable , being joyn'd with , and illustrated by what I formerly said from the venerable Beda , and the Historians within this Isle . My first Author is Eumenius in his Panegyrick to Constantine in praise of his Father Constantius : who preferring the Victory Constantius had over the Britains , to that which Iulius Caesar had over them ; says , * that the Britains at the time Caesar conquer'd them , were a rude Nation , being only us'd to fight against the Picts , and Irish of the British Country , Enemies half naked , and so easily yeilded to the Roman Arms and Ensigns . By which Citation , we contend that it is prov'd , that in the time of Iulius Caesar , there was another Nation beside the Picts , who then inhabited Britain , and were a Colony of the Irish ; and these must certainly have been the Scots . For it cannot be pretended , that ever there was another Colony of the Irish in Britain , besides us . And it is uncontroverted on all hands , that we are that Colony of the Irish , who only us'd to fight with the Picts , against the Britains , and therefore that answer made by the Bishop , that this place relates only to the Irish , and not to the Scots , is of no moment . But he has another Answer , which his Lordship insists more upon ; and for clearing whereof , I must cite the Latin ; Ad hoc natio etiam tunc rudis , & soli Britanni Pictis modo , & Hibernis assueta hostibus , adhuc seminudis , facile Romanis armis signisque cesserunt . His Answer is , that the words , Soli Britanni , are the Nominative , and not the Genitive , and his Lordship confesses , * that if the words be in the Genitive , they are clear of Buchannan's side . And that they are of the Genitive , all disinterested Men , who understand the Latin , will confess . And Cambden himself , tho a learned Schoolmaster , and in other Citations about our Antiquity , somewhat more humourous , than so worthy a Man needed to be , trusts to no other Answer , but that the Panegyrist spoke here , according to the Conception of the Age wherein he liv'd . But , as any Citation may be thus answered ; so if he had not spoken with relation to the time of Iulius Caesar , the Comparison and Complement had no great force . The Learned Vsher likewise objects not this to Buchannan , which shews also his Acquiescence . 2. If this , Natio Rudis , had been the same thing with Soli Britanni ; and if the sence must be , as his Lordship says , a Rude Nation , the Britains ; then not only it had been superfluous , but inconsistent with true sence . For how can the same thing be copulated with it-self ? and tho it may be said , Natio rudis Soli Britanni , assueta hostibus ; yet certainly assueti had been more elegant for an Orator , if Soli Britanni had been the Nominative . And the great * Ioseph Scaliger , one of the best Judges both for that kind of Learning and Disinteressedness , exclaims against Luddus , for misconstructing so the words ; and therefore the Bishop might have spared the saying , * that Cambden ought to have given Buchannan correction ; for the great Ioseph Scaliger , and Buchannan , that incomparable Humanist , are fitter to give , than receive Correction from any in the Isle , or Age. I must also observe , that the Bishop has pointed these words otherways than they are in the Author : for in the Author ( of Paulus Stephanus , and Plantins Editions , who were the most learned and exact of all Printers ) there is no Comma immediately after tthe words , Soli Britanni , and it is pointed as I have set it down here , and even * Luddus is just here . But the Bishop has very wittily added the Comma after these words . Now without the Comma , it is clear , that the Panegyrist meant Pictis & Hibernis Soli Britanni ; and if the Panegyrist had design'd his words should have been construed , as the Bishop has constru'd them ; so great an Orator would certainly have said , Soli Britanni Natio ad hoc etiam tunc rudis , &c. And in this case the words had been clear , and the ingenious Bishop needed not , in translating them , to have been forc'd to use the word * Nation twice , because the sense was hard and unnatural , according to his Construction . And whereas the Bishop pretends , * that the words construed according to Buchannan , would not have run so strong in the Comparison : for the strength of the Comparison lies , saith he , in that Julius Caesar ' s Victory was not so great , as that of Constantius , because Caesar overcame a Nation , yet rude and unskilful of War , and only Britains , a Nation us'd to no other Enemies but Picts and Irish : Whereas Constantius overcame Carausius , who had got a Roman Legion on his side , &c. But by his Lordship's favour , the Comparison runs strong enough thus , according to Buchannan's Construction . Caesar overcame the Britains when they were yet a rude Nation , us'd only to fight against the Picts and Irish who liv'd upon the Land , or Isle of Britain : but Constantius overcame them after they had been long train'd up in War. And certainly a Nation is a far more formidable Enemy after their being long train'd up in War , than when yet rude , and unexperienc'd ; tho they had had the accession of a Roman Legion ; which could signify nothing against a whole Roman Army . Nor does it follow , that the words must be ill construed ; if so , the Comparison would be stronger : for it is sufficient to sustain the Construction , that in the Comparison Constantius was to be preferr'd in the way I have mention'd . 4. If there were any doubtfulness in these words , as there is none ; yet they ought to be interpreted so , as to consist with other Authors and Histories , and especially with Beda : for in our sence , they confirm his Chronological Account , of our being in this Isle before Iulius Caesar's time : And the Bishop must still remember , that he cannot overturn our receiv'd Histories , except he produce Arguments which infallibly conclude against them : It being a Rule in Law , that , Verba semper sunt interpretanda potius , ut scriptura , vel actus subsistat ; quam ut destruatur . This shews also that in Constantius's time , which was about the Year 300 , the Britains were assueti , us'd to fight with the Scots and Picts : and this use must imply a long time . And so it 's very probable , that we had frequent Wars with the Britains long before this time , and consequently the Bishop errs , * asserting , We were not in Britain even by way of incursion , till the year 300. If it be objected , that in the Phrase Soli Britanni , Britanni is a Substantive ; Britannici being still the Adjective ; and therefore these words must be construed to be the Nominative Case , as the Bp of St. Asaph alledgeth . I prove the contrary by Lucretius . Nam quid Britannum Coelum differre putamus , &c. Claudianus de quarto consulatu Honorii Terribilis Mauro , debellatorque Britanni Littoris . A further Confirmation of this arises from the same Eumenius , in this same Panegyrick ; where speaking of Constantius's Victory over this Island , he saith , Neque enim ille , tot tantisque rebus gestis , non dico Caledonum aliorumque Pictorum silvas & paludes , sed nec Hiberniam proximam , nec Thulen ultimam , nec ipsae si quae sunt , fortunatarum Insulas , dignabitur acquirere . And tho Vsher foreseeing the force of this Argument , endeavours to elude it by contending , that by the Caledonii , are here meant the Picts , because the words aliorumque Pictorum , had else been impertinent . Yet to make the Scots not to be Caledonians in ancient Authors , were too great a Task even for Vsher ; that being contrary to the universally receiv'd opinion of all the Learned , * some of which I have cited in the Margin : but for a further Proof , I shall here cite a Roman that liv'd very near Eumenius's time , and who almost speaks in the same words with him , Latinus Pacatius Drepanius , who in his Panegyrick to Theodosius the elder , who liv'd Anno 367 , complements him upon * having reduc'd the Scots to their Marishes , shewing that the Sylvae , and Paludes Caledonum , were the Scotorum Sylvae : though Strangers in those ancient times , could little distinguish Picts from Scots . And from which I further evince , that the Scots before the year 400 , dwelt in in Scotland , as their own Country ; else it had been impertinent and untrue to say , that the Scots were reduced to their own Marishes . Having thus shown that the Scots were Caledonians : It clearly follows , that all the ancient Authors who write of the Caledonii , prove the Antiquity of the Scots ; and therefore Valerius Flaccus proves our Antiquity , who writing to Domitian , in praise of his Father Vespasian , who was known to have made War with us about the year 70 after Christ , says , — Caledonius , postquam tua Carbasa vexit . Oceanus Phrygios prius indignatus Iulos . And * Martial , who liv'd also in Domitian's time , says , Quinte Caledonios , Ovide visure Britannos , Et viridem Tethyn Oceanumque Patrem . Next to these I cite Tacitus , who in the Life of Agricola , brings in that famous Galgacus , who fought with the Romans , near to the Grampian Hills . And that he was a Scotish King , or Leader , is confirm'd from * Lipsius , who calls him Galgacus Scotus . This is also confirm'd by the exact and noble French Manuscript foresaid ; which says , that Dardan was chosen , because Galdus was not of Age : Alluding to our old Law , appointing that the immediate Heir of the Crown , being by his Infancy unable to govern , the Government should in that case be devolved upon the next , who was able to govern : which Law was so ancient , that it is said to be enacted immediately upon the Death of Fergus the First . And by Bergier , afterwards the King's Advocate of France , who in his learn'd History of the High-ways of Rome , * calls him Prince of the Caledonians , or the Scots . And to what better Judges can we appeal , in a matter concerning Roman Antiquities , and the sense of a Roman Author , than to those two , who are the most famous of all the Roman Antiquaries : the one having written a Book concerning the Roman Greatness , * and the other concerning the Magnificence of the Romans in their High-ways . Nor could he be an Irish King ; for what had an Irish King to do with an Army in the midst of Scotland , and against the Romans , with whom no Irish King ever fought . And that he was no Britain , is clear from the Speech he made to his Souldiers , telling them that they had never been conquer'd , servitutis expertes , & nullae ultra terrae . Nor can any thing agree better with our being still call'd one of the two unconquer'd Nations , by Gildas , Beda , and others . This is yet further clear'd by another Passage in this same Life of Agricola ; wherein * Tacitus says , The third Year of the War discovered new Nations , which Agricola conquer'd , even to the River Tay. And after this he adds , Agricola having beat Galgacus near to the Grampian Hills , brought back the Roman Army to the Borders of the Horesti ; and having received Hostages from them , he ordered the Commander of the Roman Fleet to sail about the Isle . From which I deduce , first , that Galgacus was no Britan : For Tacitus says , that the third Year opened new Nations : whereas Agricola knew the Britans before ; and these must have been the Scots and Picts : for they could not be any other , being beyond the River Tay. And Galgacus could be no Pictish King ; for we have a Manuscript , bearing all the Names of the Pictish Kings . 2. From this passage it is clear , that Cambden does err grosly , in making the Horesti to be a People in Eskdale , which is a Scotish Country on the Borders of England . For ( beside that all Authors agree , that they are known to be the Inhabitants of Angus , and Merns ) it is here demonstrated by Tacitus , that after the Romans past Forth , they came to Tay , ( which is known to be the Marches or Boundary of Angus ) and from thence they marched to the Grampian Hills , where they fought with Galgacus : And from which he return'd to the Borders of the Horesti , where finding the Fleet in the Frith of Tay , where he had left it , he Embarqu'd the Hostages , and sent the Fleet back to that part of Britain whence they came . And how could all this be in Eskdale ? That being very remote from the place of Battel ; and Eskdale an inland Country , very remote from all Sea. 3. Tacitus writing of us , under the name of Caledonians , mentions the Marishes of those who fought , which were appropriated to us by Eumenius and Pacatius , as I formerly observ'd . By all which we may observe , how little English Writers are to be credited , when they write upon design to lessen our Country , or magnify their own . And all this is confirm'd by the learned * Ferrarius a stranger . And to this I may add , that we have to this day , a Barony , call'd Galdgirth , or the Girth of Galdus ; and ten great Stones in Galloway , called King Galdus's Monument : Marks of Antiquity far preferable to any Manuscript ; as the testimony or consent of a whole Nation , is to that of one privat Person . Two of which Arguments are us'd by Chambers , in the Life of Galdus : and he had seen Verimund , and our old Manuscripts : And should he not then be our King Galdus , who reigned at that time , and who ( as all our Histories relate ) fought against the Romans , in this place , which was within the Scotish Territories ? The third Citation , shall be from Seneca ; and is a clear testimony for us in the judgment of the great * Scaliger . Ille Britannos ultra noti littora ponti , Et caeruleos Scoto-Brigantes dare Romuleis , Colla catenis jussit , & ipsum nova Romanae , Iura securis tremere oceanum . * To which Cambden answers , That for Scoto-Brigantes , we should read Scuta-Brigantes . But this is very ridiculous ; for we read , that the Picts were call'd Picti , for painting their Bodies ; but never for painting their Shields . I know likewise , that Hadrianus Iunius reads Cute-Brigantes ; but this would be ill verse : for the first syllable in Cute , is by it's own nature , short ; but according to this reading it would be long . I might to this add that Answer made by Florus , the Poet , to Adrian in Spartianus . Ego nolo Caesar esse , Ambulare per Britannos , Scoticas pati pruinas . For why should we read , Scythicas ? since Adrian was never in Scythia ; but did fight against the Scots : and caus'd make the vallum Adriani . 2. Why should not rather Scotia , than Scythia be joyn'd to Britannia ? as * Vsher argues most justly upon the like occasion . 3. the Pruinae Scoticae were famous about that time : for Claudian hath , * Ille Caledoniis posuit qui castra pruinis . And Claudian does so expresly and so frequently speak of the Scots as setled here , and describes them to be those People , who constantly fought against the Romans , with the Picts ; that the citing him against us , may convince the Reader , that our Adversaries are not serious . Which will appear when I have cited and illustrated him . In his Panegyrick , upon the third consulat . of Honorius , he complements him upon the victory of his Gandfather Theodosius , who behov'd to come into Britain long before the Year 382 , wherein Theodosius his Father was chosen Emperour . Facta tui numerabat avi , quem littus adusti Horrescit Lybii , ratibusque impervia Thule . Ille leves Mauros , nec falso nomine Pictos , Edomuit , Scotumque vago mucrone secutus . Fregit hyperboreas remis audacibus undas . And in the fourth Consulat of the same Honorius . Ille Caledoniis posuit qui castra pruinis . — maduerunt Saxone fuso Orcades , incaluit Pictorum sanguine Thule . Scotorū cumulos flevit glacialis Ierne . And de bello Getico , he speaks of the Roman Legion that return'd from fighting with the Picts , and us ; ( of which * Beda makes express mention . ) Venit & extremis legio praetenta Britannis , Quae Scoto dat fraena truci , ferroque notatas Perlegit exanimes Picto moriente figuras . That all this is applicable to us , is clear : because , 1. We had War with the Romans , and the Irish had not . And all these Verses in Claudian , are spoke to magnify the Roman man Conquest . 2. Since we have prov'd , by other Authors , that the Scots were setled here , it is proper and suitable to common sense , to apply the same to us only , as being the only Persons concern'd in those Battels ; and to the Isle , in which it is known that the same were fought . And these Passages are attributed to us by Selden , l. 2. c. 8. Mar. Claus. 3. Have the Irish made any mention of this War , in any of their Histories ? and consequently , though Scotia had been a common Name to Scotland and Ireland in those days ; yet the Circumstances of the Action , related by the Poet , determine which of the two is here meant . This is yet further clear from the Panegyrick of Sidonius Appollinaris . — Victricia Caesar Signa Caledonios transvexit adusque Britannos . Fuderit & quamquam Scotum , & cum Saxone Pictum . As to which , all that cambden ( much better acquainted with citing , than reasoning ) can answer ; is , 1. That the Poet here wrote a Complement according to the vulgar Opinion of his own Times , which cannot be true , ( as he says ) because the Saxons were not then come to Britain . But he should have considered , that , 1. If this was the Opinion in Sidonius's Age , who liv'd Anno 480 , * as Gesner affirms , which was very near to Claudian's Time , who liv'd in 497 , as the Bishop of * St. Asaph calculates : we must conclude , that it is the rather to be believ'd , that then the Scots liv'd here , for that is not inconsistent with History as the other is , and so should be believ'd , though the other be not . 2. There were Saxons living then in Zetland or Orknes , tho they were not setled in Britain ; as is clear by Claudian himself , who says — Maduerunt Saxone fuso Orcades . And whereas it is said , that — Flevit glacialis Ierne , Does make the same applicable to Ireland , since Ierna is call'd Ireland . To this it is answered , that , 1. It is clear , that there is a Country in Scotland , call'd Ierna , near to which the Romans had a noble Camp , and whereof the Vestiges are very remarkable to this day ; and in which , there are Stones found with Roman Inscriptions , designing the Stations of the Legions . And certainly it is more proper to say , the loss was lamented in that Country where the Battel was fought , than in that Kingdom where the Romans never fought any . And why did the Poet join Ierna in the same lamentation with Caledonia ? if he had not design'd by it , to express Ierna , as a part of our Scotland . And this is more proper , than to make the Poet join part of one , to another different , and remote Kingdom . As also Starthern in Scotland , is indeed a place , where the Frost is strong , and continues long , as being very near the Hills . But Ireland was known to be , and is yet a Country much freer from Storms and Ice ; and was believ'd by the Ancients to be so , as is most clear by * Beda . 2. Though the Poet had understood Ireland , by Ierne ; yet it does not follow , that because Ireland lamented the loss of the Scots who were kill'd here ; that therefore the Scots that were kill'd , were not the Scots that were planted in Scotland : since certainly , Ireland could not but have lamented even the death of Scots , who were setled here ; as Scotland , and as the Scots here did lament very much the death of the Scots who were kill'd in Ireland in the late Massacre . And as the Bishop himself argues in the Case of the Panegyrick above-cited , I may far more justly argue here , that this sense agrees better with the Poet 's noble flight , who makes the loss that the Scots sustained to be so great , that it was lamented even in Ireland . Selden also , l. 2. c. 8. Mar. Claus. applys this to us , and not to the Irish. And these Verses in the same Author , design'd likewise to the praise of the same Theodosius , — Pictos Edomuit , Scotumque vaga mucrone secutus , Fregit hyperboreas remis audacibus andas . Are only applicable to the Scotish Colony setled in Ireland . For he magnifies Theodosius , Grand-father to Honorius , for having pursued so far his Victory , that he beat the Northern Seas with his bold Oars . Now , beside all the other Arguments formerly us'd , can it be said , that Theodosius's Souldiers ever went to Ireland ? that Ireland lies North-west from Clyde , or Severus Wall ? Whereas it is certain they were in Scotland ; and it is very probable that they would follow the Scotish Colony into the North-west Isles , or over Clyde , where it 's formerly prov'd the Scotish Plantation first setled . The Third Testimony , shall be that of * Hegisippus , where he brings in Ben-gorion disswading the Iews to fight against the Romans , the Conquerors of all the Earth , whom the unsearchable Places of the Ocean , and the furthest places of India , obey . What shall I say of the Isles of Britain , divided from the rest of the World by Sea , and reduc'd by the Romans to be a part of the World ; who makes Scotland to tremble , which owes nothing to any part of the Earth ? To which Cambden answers , That this must be interpreted of Ireland , because the words , Quae terris nihil debet , must be interpreted , as if the Scotia here spoke of , were joyn'd to no other place ; and that is only applicable to Ireland , and not to Scotland . But what a hard shift is he here driven to : for none can interpret , Quae terris nihil debet , in that sense , there being nothing more different , than these two expressions , which is not joyn'd to the other Parts of the Earth , as Cambden would interpet it ; and , which owes nothing to any part of the Earth , as the Author expresses it . There is nothing more ordinary , than for one who thinks he depends not upon another , to say , I owe you nothing . And certainly it agrees much more with the Author's Intention , to interpret these words so , Scotland , which ow'd homage to no place , does tremble at the Roman Arms. 2. It cannot be said that ever the Romans did attack Ireland . And to clear this , beyond answer , in the same harangue , cited out of Ben-gorion himself by Vsher , * Ben gorion says to the Iews , that when the General of the Nations only came , these Nations resisted them ; but when the Roman Emperours themselves came , they submitted to them . And I desire to know , if ever Ireland was invaded by the Romans ? So that what is said in the harangue , is not applicable to the Scotia Hibernica , as they pretend ; but to that Country wherein we now live . As also , by the same Ben-gorion , it is clear , that Nero being discourag'd upon the rebellion of the Iews , and Vespasian comming to him , comforted him , by remembering him that some of his Captains had conquer'd all the Western World , France , Scotland , and the land of Tubal . And whereas , Vsher , to lessen this Authority , is forc'd to alledge , that Hegesippus's Works were spurious . This contradicts * Eusebius , who makes him to have liv'd , Anno Christi 160. And tho Vsher contends , that both these Authors must be late , because Hegesippus , who only cites Ben-gorion , names Constantinople , which chang'd not the name of Bizantium till about the beginning of the 4th Century . Yet the Answer is easie , viz. That this being a Translation from the Greek , the Translator has us'd the name that was best known in his own Time. And the English , and other Nations have acknowledg'd this to be the Work of Hegesippus , and translate it as such . Vsher himself indeed is inclin'd to think , that this was the Work of St. Ambrose : but even that is sufficient for us , for not only is St. Ambrose himself older than the 503 Year , and so proves that our Country was before that time called Scotland ; but St. Ambrose relating this Speech made in Vespasian's Time , must prove , that this Country was call'd Scotland in Vespasian's Time , who was elected Emperour 72 Years after Christ. * Tertullian , who died in the Year 202 , and so must have written some time before that , and could not have written of us as Christians , and a Nation , if we had not been so , for a considerable time : for Informations did spread slowly in that Age , when there was so little Commerce , and at so great a distance , This great Doctor of the Primitive Church , writing against the Jews , who he knew would examine the truth of the matter of Fact alledg'd against them , says , * for the honour of the Christian Religion , which he was defending , That those Inhabitants of Britain , which could not be subdu'd by the Romans , yet willingly yielded to the Yoke of Christ. From which it is urg'd , that in Tertullian's Time , there were Nations in Britain which had never submitted to the Roman Yoke , but yet submitted to the Yoke of Christ. But so it is that could not be meant of the Britains , for all the World knows , and the Bishop confesses , that long before that Time , they had submitted to the Romans . And therefore it is plain , that there were other Nations in the Isle ; and that could not be true , except the Scots , as well as the Picts , had been setled in the Isle at that Time. For a vagrant Company of Robbers , could not be call'd a Nation , or esteem'd a Church : And this Author writes of British Nations ; we must therefore have been a Nation and Church , as the rest were ; and therefore , since they were setled , so must we have been . Nor can this be meant of the North and South Picts , though it were prov'd , that the Picts were distinguish'd into Northern and Southern . For these could no more be consider'd as different People , than the Northern and Southern English can now be said to be different Nations . 2. That sense was not so much for the honour and extent of the Christian Religion : And the Jews might have lookt upon Tertullian as a Jugler , for making one Nation appear two . 3. Our sense agrees better with Beda , who asserts positively , that from Reudas's Time , the Scots made a third Nation in the Isle of Britain , with the Britans and Picts . 4. Selden , l. 2. c. 8. confesses , that the Scoti Pictique , were the Gentes non subjacentes Romano Imperio . * Ammianus Marcellinus , who wrote about the Year 360 , tells us , That the Scots and Picts harrased the Country . But the Bishop unjustly adds , that then they first harrassed it . But this cannot be , for Ammianus speaks of their Fear , as occasion'd by a Tract of bygon Defeats ; and this he elegantly expresses by the words , congerie praeteritarum Cladium ; which shews , that these he speaks of in the 360 , were not the first of many overthrows that the Brittains had got from the Scots and Picts . And so our being here , must be much ancienter than the 360 ; which agrees well with the word assueti in Eumenius . And our having fix'd and known Limits , demonstrates to all who understand the Roman Antiquities , that we were then a fix'd and setled Nation , in the same Island with the Roman Provinces of the Britans ; the Sea , or any part of it , being never signified by their word Limes . * St. Ierome , in his Epistle to Iovian , cites Porphire , who liv'd in the third Century , under Dioclesian , and so above 200 Years before the 503. His words are , Neither Britain a Province fertil of Tyrants , and the Scotish Nation , and all the Barbarous Nations , dwelling around the Ocean , knew Moses , and the Prophets . By the Scotish Nations * Vsher understands not the Scythians , but the Scots , because they are in this place joyn'd to Britain : but tho both he , and the Bishop of St. Asaph would apply this citation to Ireland , yet this Gloss is most absurd ; for by the former Argument , the word Scots should be apply'd to us , for we are join'd to Britain ; but Ireland is no more join'd to Britain , than Scythia . And the same Ierome , in the next Citation , calls the Scots a Nation of Britain ; where he says , * That when he was young , he saw the Scots , a Nation of Britain , feed upon Mans Flesh. From which it is clear , that the Scots at that time dwelt in Britain , which agrees very well with Beda , who calls the Scots the third Britannick Nation . † And Selden calls the Scots and Picts , Gentes Britannicas , l. 2. c. 8. And this is further clear'd , by his asserting , that Pelagius was of a Scotish Race , in the Neighbour-head of Britain ; which proves clearly , as the learn'd * Baronius observes , that there were Scots then in Britain , who were Christians , else how could they have been Pelagians ? Nor can this eating Man's Flesh , be thought any just reflection on the Nation ; for certainly these had been some Rogues , who had fled out of the Nation , because they knew they would have been punish'd for this Crime . Nor can their eating Man's Flesh in France be charg'd on us , but on the French , where this is said to be so publickly done , that St. Ierome could have seen it ; and there is no Historian that ever charg'd this on our Nation , nor any part of the Isle , even in our most barbarous Times . And if it had been any ways common , there would have been a Law made against it . And Boethius relates , that there was one mean Man guilty of it , who was thereupon executed examplarly . And in what Nation are there not some Monsters ? Another of the Reverend * Fathers of the Primitive Church , enumerating the Nations , which were descended from Iaphet , mentions the Britons and Scots , whose Isle is Britain . This shews , that there were Scots living in Britain in Epiphanius's Time , and so he proves not only our Antiquity , by his own Authority , but confirms and explains what was formerly urg'd from Ierome , in whose Time he liv'd , and to whom he wrote Letters . * Orosius , who in Anno 417 , says , That Severus thought fit to secure that part of the Isle which he had , by a Wall , from the other unconquered Nations . And that We , and the Picts were these unconquered Nations , appears from * Beda , wherein he describes those very Actions , in those very words . And all these Authors agreeing with Beda , and writing of the Times wherein themselves liv'd , are sufficient Testimonies , according to the Bishop's own strictest Rules . And they prove how unkind the Bishop is in lessening Beda's Testimony , when it makes for us ; by saying , he spoke then according to the Times wherein these Actions happn'd : for we see , that they who wrote , and liv'd in the Time of those Actions , agree fully with him , as they speak clearly for us . Having thus made plain the Antiquity of our Kings and Nation from the Historians both within and without the Isle . I now proceed to clear these from the Principles of sound Reason : As to which , let us consider , That it being acknowledg'd by Vsher , and the Authors he cites , that Ireland was peopl'd by the Scots , before Iulius Caesar's Time ; and by their own Authors , whom that Bishop cites , they are said to have been so anciently there , that we do not know how many Ages they possess'd that Isle before Iulius Caesar. And they being a very broody People , as all Northen Nations , and particularly they , and we are , could not but have multiply'd so exceedingly , as to need relief , and evacuation by Colonies . And it can never be pretended , that the Irish did settle any other Colony save in Britain : though it be undenyable , that all those Northen Nations were very desirous and concern'd to extend , by Colonies , the Empire of their whole Nation , and thereby the Possession and Property of every particular Man in it . Nor do we ever read , that the Irish had any Wars with Strangers , whereby they might have either wanted Men to send into Foreign Colonies , or have been forc'd to keep them at home , for their own defence . Whether then are our Histories more probable , which make this Colony to have come over before Iulius Caesar ? or the Bishop of St. Asaph's account , who makes us not to have settl'd here , till 503 Years after Christ. And tho I esteem the Irish , yet I must remark , that our humour differs so much from theirs , that it may from thence appear , that we stay'd not long amongst them , but that we came from thence very early . 2. By all the tract of the Roman Histories , as well as by Beda's , Gildas's and ours , it is clear , that the Scots and Picts fought joyntly against the Romans in this Country which we now possess : That the Walls built by Adrian , and Severus , were built here , to defend them against them : That Complaints were made to the Romans by the Britons of them , and that Succours were crav'd against them : That the Saxons were call'd in , to defend the Britons , from the Scotish and Pictish Incursions : That they were call'd jointly , unconquer'd Nations . All which points prove , that they were equal in every thing ; and why not then in their being equally settl'd here ? And therefore , except it were clearly prov'd that the Scots were not settl'd and fix'd here , as the Picts were ; and that there were Authors produc'd , who living in these Times , declar'd , that in the Year 503 , the Scots were first call'd to defend the Picts , as the Saxons are clearly prov'd to have been call'd in , against the Scots , and Picts , in the Year 449 , very near to the Year 503 ; which is said by the Bishop to be our Entry : It must be necessarily concluded , that the Scots were here at the time , wherein all these things are told of them joyntly , with the Picts . The third Argument shall be , that it 's undeniable , that the Scots and Picts were such constant and formidable Enemies , that the Romans , and Britans , who then possest the Southern part of this Isle , were forc'd to build two Fences against them : The first betwixt Tyne and Solloway , which was call'd Adrian's Wall : And the second , by Severus , who having enlarg'd the Roman Conquest , built a second , betwixt Forth and Clyde , and called it by his own name . How then can it be imagin'd , that the Scots did not live on the other side of that Wall ? for if they had liv'd in Ireland , the Wall had not been necessary , or useful , against them . This common sense would declare to a Stranger , upon first reading the Story ; and much more ought it to be believ'd , if we consider , that if the Scots came from Ireland , in Corroughs , as the Bishop of St. Asaph alledges , from Gildas ; then they might have landed upon the Britons side of the Wall ; nay , and which is more , they could not conveniently have landed on the other side , except they had gone too far about , and cross'd a very broad and dangerous Sea. 4. Tho People come once , or twice , from a Foreign Nation , by Sea , to rob and pillage , yet it is against sense to think , that for many hundreds of Years , the Irish would have come over , to make War against such powerful Enemies , and return once a Year . And it appers clearly , that this was a constant War , from before Iulius Caesar's Time , for above 600 Years : and in those Ages , it is known , that there were not very convenient means fall'n upon , for transporting Men , much lesse Armies ; they having only Corroughs , as the Bishop of St. Asaph himself acknowledges : And these are a miserable little kind of shapeless Boats , made of Leather , streatch upon Timber , as we find them , and the Irish Sea , describ'd by * Solinus , who liv'd near those Times , and writes , that Mare quod Iuvernam & Britanniam interfluit , undosum & inquietum toto in anno , nisi aestivis pauculis diebus , est navigabile : navigant autem viminiis alviis , quos circumdant ambitu tergorum bubulorum . And how these could transport an Army every Year to fight against such powerful Enemies as the Romans and Britons ? And how they could carry back in them the great Booty worthy to be fought for ? especially over such broken Seas , that are yet terrible in the best Season , to the best of our Boats , and the stoutest of Seamen , is left to be considered by Men judicious , or disinterested in any measure : Especially , seeing they behov'd to return in the Winter-time , for it 's presum'd , they fought all Summer ; and even then , they had not the chusing of their own fair Weather , but had just reason to be afraid that they would be chas'd away , as Robbers usually are ; and as the Bishop of St. Asaph asserts they often-times were . But as all this is absurd , and incredible , according to the Bishop of St. Asaph's Hypothesis ; so it is most consistent with ours ; in which we assert , that the Scots setled on the other side of Clyde , from which they might come every Year ; which agrees also well with Beda's saying , That the Scots setled ad partem septentrionalem sinus Acluith , or Dumbriton ; a narrow Sea , and call'd one part of the Mare Scoticum by the English Authors , and particularly by * Holinshed , and † Polidore , as by our ‖ Major ; and was so design'd in the forms of holding Circuits , as is clear by the 4 Chap. of the Laws of King Malcom 2. and by 5th . Act P. 3. I. 2d . And since in the said Laws of Malcom 2. who reign'd Anno 1004. The Frith of Forth is call'd Mare Scotiae , the Sea of Scotland , and that is mention'd as a Law in old observance ; it must be concluded , that this Country where we live , was call'd Scotland , long before the Year 1000 , as Bishop Vsher asserts . For since Tacitus and Beda say , That we were inclos'd by that Sea , and the Wall , as in an Isle ; it seems that this was call'd the Sea of Scotland then , it being our March at that time . Nor are these Friths improperly call'd Seas , being 40 miles broad in some places . And this also agrees with our being transmarini , or on the other side of the Sea , ( which are the words us'd in the said Statute ) but not out of the Isle ; and it is strange , that the Visigoths should have setled in France and Spain ; the Ostrogoths in Italy , shortly after they had made their inroads ; and yet we should have return'd yearly for above 600 Years , notwithstanding of the former difficulty . 4ly , The Scots coming over to this Isle , could not but know , that the southern Parts of it were very rich , and the People there very cowardly , even to admiration ; as the Bishop of St. Asaph himself relates , from all their Historians : and there was place enough for a Colony of them in this Isle , or else how could they have planted themselves after , when the Picts became more numerous ; and both the Scots and the Picts had good reason to expect every Year new additions of Land : and it is probable , that our Ancestors , being a Colony of a more southern Nation , strangers in Ireland , and but lately setled there , left their confinement in the Irish Isle as soon as they could , to inlarge their Victories and Possessions in this larger one , which afforded greater Glory . How then can it be imagin'd , that they would not have setled a Colony here , which was far less dangerous , and more noble and advantageous , than to be constantly robbing for small Booty , to the danger of their Lives ? But that they fought for Land , and not for Booty , is very clear ; not only from the practice of others , but from Sabellicus , * gliscere indies id malum augebatur duarum gentium audaciâ : apparebatque brevi totam insulam alienatam iri , nisi ejusmodi conatibus maturé iretur obviam . 5. How it is imaginable , that the Picts ( finding themselves in so great danger from the Romans and Britons , the one very considerable for their Valour , and the other for their great Numbers ) would not have intreated the Scots to stay constantly with them ? for tho they had been equal to their Enemies , when the Scots and they were together , yet they could not be but much more inferiour to them , when the Scots left them once every Year . 6. If the Irish had constantly sent in Auxiliaries to assist against the Romans , it is not to be believ'd but the Romans would have resentted this Injury against the Kingdom of Ireland ; which they never did , except once , * when the Irish gave the Scots Supplies , endeavouring to re-establish themselves after the expulsion of Eugenius . And if this War had been carried on by the Kingdom of Ireland , and not by the Scots in Scotland ; we had certainly heard , that the Kings of Ireland had been mention'd , both in the Roman , English , and our Histories : for it is not to be imagin'd , that so long , and so great Wars could have been carried on by the Subjects , without the consent of the King and Kingdom . 7. If they never had been call'd in by the Picts , to stay as a Colony , till the Saxons had beat the Britons , who had lately call'd them in to their Assistance : How is it imaginable to think , that the Picts would have call'd them in as Auxiliaries at that time ? having so lately seen , how dangerous Auxiliaries might prove , especially considering , that the Scots had been us'd many hundred Years to robbing , as the Bishop of St. Asaph would have us believe ; and that they were part of a numerous near Nation , from whom they might expect suddenly great Supply : or that they would have not only run this risque , but have divided with them their little Country ; and yet not have employ'd their Assistance for the Ends for which they call'd them in . For the Bishop * tells us , that the Scots did nothing for 100 Years after they were call'd in . 8. It cannot be deny'd , but that about the Year 792 , * there was a League entred into betwixt Charles the Great , call'd Charle-Maigne King of France , and Emperor of the West , and Achaius King of Scotland , call'd by all the French Historians , the Famous Alliance . In which the King of Scotland did send over 4000 Men to the assistance of Charles the Great . And this is testified by * Aeginardus who wrote the History of those Times , and was Secretary to Charles the Great ; and who is cited by Vsher , at which time the King of Scotland sent over very many famous learn'd Men , who founded the incomparable University of Paris . All which is clear by † Favin , in his Theatre of Honour ; and ‖ Paulus Aemilius in that King's Life . From which I raise two Arguments ; 1. How can it be imagin'd , that if the Scots had not setled in a Colony till the 503 , that their King could have been so famous , that in about 280 Years time , this small Colony , which the Bishop of St. Asaph represents to have been but pilfering barbarous Robbers , would have become so famous , that Charles the Great , then Emperor of all the Western World , would have entred into a League with them , especially since they had not for 100 Years after their settlement , done any memorable Action , * as the Bishop of St. Asaph alledges ? 2. If our Kings , and Nation , had only then Dalrieda , or the Kingdom of Argile , as the Bishop contends , how could this Prince of Argile ( which is , after all improvement but an Earldom ) have been worthy , not only of the Alliance of the great Emperor of the West , but to be able to send 4000 Men , especially having such dangerous Enemies at Home , and being himself but a Stranger , newly entred into a Foreign Island , and living in a small part of the Isle , with the Picts , the more powerful and ancient possessors . And that there were 4000 Men sent by virtue of that League , is clear , not only from Verimundus , out of whose 2d Book Chambers cites the whole League ; but by Sansovin an Italian , who writes the History of the Douglassii , or Scoti , whom he derives from William Douglas , who was Lieutenant at that Time to Prince William , Brother to Achaius . For which Sansovin cites another , viz. Vmberto Locato , more ancient than himself . * And this is so far acknowledg'd by the French Kings , that upon it we got very great Privileges in France , and all the Heraulds in Europe acknowledg , that the double Tressure , was the Badg of that Alliance . 9. How can it be conceiv'd , that the Scots could in so short a time , after their Settlement , have been able , without any help , to extirpate the Picts , who must be presum'd to have been very strong , having been so long setled in this Isle ; and having possest in effect all that we have now , benorth Forth , except the Shire of Argyle , if we believe the Bishop of St. Asaph . Our Tradition is fortified , and the former Authorities cited by us , are clear'd , from the receiv'd Laws of our Nation ; for first , all our Histories bear , * That after King Fergus ' s death , the Nobility finding his Son too young , and the Wars in which they were engaged very dangerous ; they declared , that the Vncle should govern . Which Custom continu'd , till it occasion'd many bloody Civil Wars betwixt the Uncles and Nephews : and therefore * was justly abrogated by a Parliament holden by Kenneth the Third , which Kenneth the Third reign'd , Anno 970. And it were very ridiculous to think , that since these Matters of Fact are true , viz. That there were bloody Civil Wars betwixt the Uncles and the Nephews ; and that all this hath been much debated in posterior Parliaments , betwixt such as were for the Crown , and such as were for popular Elections ; without ever controverting the Truth of the Matter of Fact ; and long before we could have any apprehension of such a debate as this , and so that all this was a meer fiction , calculated for maintaining an Antiquity , which was never controverted . It can as little be deny'd , that there were Laws relating to the merchetae mulierum ; since many of our old Charters relate to them , and discharges of them are incorporated in our Charters ; and which Styles are a part of our old and Traditional Law : These merchetae mulierum were thereafter abrogated by King Malcom Canmor's Laws , many hundred Years before the starting of this Debate : And that there were such Laws , is also acknowledged , not only by Baker , and others within the Isle , but even by Solinus and Ierome , &c. * And that these Laws were made by Evenus the Third , who liv'd twelve Years before Christ , is a part of the same Tradition ; and so cannot but be believ'd , since Laws are one of the probablest Means imaginable , * for preserving Tradition . By the Laws likewise of Malcom the 2d , who reign'd in the Year 1004. The Frith of Forth is call'd Mare Scotiae , or the Sea of Scotland ; which demonstrates , that before the Year 1000 , our Country was call'd Scotia , or Scotland : and confirms and clears all that is said out of Beda ; and as this designation of the Scotish Sea is look'd upon there , as a thing very old and acknowledg'd ; so it is continu'd in our Laws for many Ages , as is evident by K. I. 2d , his Laws above-cited . I had resolved not to mention the Bishop's Objections , against our early Conversion : But I find it so clear , that we were converted to the Christian Faith before the Year 503 , that there results this concluding Argument from it , to prove that we were setled before that time . For if we were a Christian Nation converted here , before that time ; it follows necessarily , that we were a Nation setled here before that Time : Since a Nation is said no where to be converted , but where it is setled , albeit some Persons of that Nation may be said to be converted abroad . And that this part of the Isle which we now inhabit , and that people from which we are descended , were Christians before that time ; seems to me very evident , from the former testimony of Tertullian , who wrote in the end of the second Century , to which I refer my Reader : And tho Tertullian liv'd a little before King Donald , yet the Answer is apparent , viz. that the Nations were ordinarily converted before the Kings or Magistrates . And it 's indeed very probable that the Christians who were persecuted in the Southern Nations , would flee from their Persecutors , the Roman Emperours : And where could they seek refuge so reasonably , as in that Country , and amongst that People which had never submitted to the Roman Empire ? And it being acknowledg'd by the learn'd Vsher , and my Lord St. Asaph , that Britain was converted in the first Century ; it is very reasonable to think , that the Christians , who had fled to this Isle , from the persecution of the Romans , would have very probably shelter'd themselves here , where the Romans had no power : for though it be not prov'd , that the Roman Persecution reach'd to Britain so early ; yet certainly they who fled so far from the Persecution , would not think themselves very secure within the Dominions of the Persecutors , and would have secured themselves by a few more Miles from so dreaded a danger . As also , it seems very improbable , that since the Christian Religion spread from Ierusalem to Britain in less than 100 Years , that it would have taken above 300 Years more , to reach so few Miles , as are betwixt the British part of the Isle , and Scotland . It is also presumable that the Druids having been so prepared to receive Christianity , by their excellent Principles of Philosophy , and their severity of Life formerly mentioned , which did not contradict , but illuminate the Christian Doctrine , they would have both been easie to be converted themselves , and ready to have converted their former Disciples , and the People who admir'd them . I might here cite many Authors ; but I fix upon * Beda , who asserts positively , That Palladius was sent in the 8th Year of Theodosius junior ; that is to say , in the 431 ad Scotos in Christum credentes , by Pope Caelestine , as their first Bishop : And that Beda wrote of us , as the Scots , is formerly prov'd ; and this Mission of Palladius falling in the Tract and Series of the Actions ascrib'd by Beda to us only , it is inconsistent with common Reason , that the things before and after , and the things related in the very Chapter , should be only applicable to us , and yet only this should not : albeit our own and Foreign Histories apply the same to us . As to Foreign Histories , I shall only cite Baronius , who , because he made Ecclesiastick History more his business than my Lord St. Asaph , and was more disinterested , is therefore more to be believ'd as to this point . This great Antiquary * tells , That the Scots who had first receiv'd the Christian Faith from Pope Victor , and their first Bishop from Pope Caelestine , were become the chief of all Christians , from being amongst the most barbarous of all Nations , having formerly said , † That all consent that Palladius was their first Bishop ; and for which he cites Prosper , as he does Tertullian , Ierome , Sedulius , and others , for our being Christians under Pope Victor , saying , That ‖ they are not to be refuted who assert our conversion under Pope Victor : but is most positive as to Palladius . And whereas it is * pretended that Prosper's words are not applicable to us , since he says , that Palladius made the barbarous Island Christian ; and our Scotland is not an Island . To this it is answer'd , That our part of Britain was by Tacitus , and Beda , said to be reduc'd into an Island , by the Roman Wall from Sea to Sea : and * Beda in other places of his History calls us therefore Islanders . Baronius also applies this to us , and so this gloss is to be preferr'd , to that unwarrantable gloss or reading cited by the Bishop of St. Asaph , from the copy of a Manuscript of Nenius , Missus est Palladius Episcopus , primitus à Caelestino ad Scotos in Christum convertendos : for that not only differs from Beda , the far more learn'd , ancient , and credible Author : But it is improbable to say , that a Bishop was sent to those , which were to be converted , seeing Conversion useth to be by Presbyters , and Missionars ; and when the Church is gather'd , the Bishop is sent : and this gloss contradicts not only common sense , but * Ado Viennen , and * Marian , who both use Beda's own words , Ad Scotos in Christum credentes : and what is said of the conversion of the Scots and Picts by St. Ninian , Palladius , and Columba , to make our conversion to be later than Tertullian made it , viz. in the 2d Century , must be interpreted of our fuller and sounder conversion from Paganism , and Pelagianism ; and of our being conform'd to the Romish Church , and Rites , which the Authors of those Times considered as the only true conversion . But to make this our first conversion , were to contradict Tertullian , Ierome , the learn'd Baronius , as well as all our Histores . And the * Magdeburgian Centuriators do positively agree with Baronius , and our History , in this our Antiquity : and so having for us the greatest Ecclesiastick Antiquaries , both Protestant and Papist , we need not condescend upon particular Authors : these being the Standards of Ecclesiastick History to the Professors of both Religions : and it is strange after all this , that a Church-man should so positively contradict , what the Antiquaries of both Churches have so positively asserted ; tho if there had been any thing , wherein they could have contradicted one another , they would certainly have differ'd . That Donald then was our first Christian King , in Anno 203 , and Palladius our first Bishop , in Anno 431 , seems most fully prov'd : for these being Matters of Fact , may be prov'd by Witnesses ; and who are better Witnesses , than the many Historians of the Country where the things were transacted ; especially since these were Matters of great importance , and Notoriety ; which the Monasteries , whose Faith is followed by our Historians , could not but know best of all others , and in which they durst not cheat or forge , because the Annals of other Churches would have contradicted them , whereas they are confirm'd by them ; and these things fell out , when we had the help of Letters , and are agreeable to the sound Reasons above-related : Tho the conversion of a Kingdom be a matter that could not be unknown , and no other King but Donald was ever recorded to have been the first Christian King here . That Palladius was sent to the Scots in Britain , and not to the Scots in Ireland , appears further from these undeniable matters of Fact ; viz. That Pope Caelestine did ordain , and send Palladius , in Anno 431 : That the same Pope Caelestine sent St. Patrick to Ireland : That St. Patrick's Mission must have been before the 6th of April 432 , is also clear , because Prosper tells , that Caelestine died that Year . And the Roman Pontifical tells , it was on the 6th of April that Year . From all which , the Bishop did see that Palladius's mission must have been to the Scots in Scotland ; else Palladius had been first Bishop of Ireland , and St. Patrick needed not have been sent into Ireland , since Palladius was sent there but the Year before . To reconcile which real Contradictions , the Bp of St. Asaph makes up a laborious Hypothesis , and say's , that Palladius was indeed in Ireland , but finding he could not succeed , he was upon his return to Rome , but died in , or near the bounds of the Picts , the 15th of December , 431. So that St. Patrick , who liv'd in Britain , could not but have known his death , and had time enough to go to Rome , and be ordain'd Bishop for Ireland , and go to that Kingdom , and there finish their Conversion , which Palladius had only begun : and so St. Patrick was call'd the first Bishop . All this Hypothesis is almost impossible , though good Palladius had sooner , and deeplier despair'd , than a Saint should have done , especially in the Conversion of a whole Nation : and though both had posted faster for a Benefice , than Holy-Church-men did in those Primitive Times . Yet all this is founded upon Palladius's having died Decemb. 15. 431. And the only proofs produc'd for this by my Lord St. Asaph , is Baleus de 14. scrip . 6. near the end ; and yet in that same Citation it is positively said , that Palladius was sent to Scotland , and the particular Scotish King is nam'd ; and Baleus adds , That Palladius claruit Anno virginei partus , 434 ; he flourish'd in the Year 434 , and so he died not in the 431. And not content with this , Baleus goes on , telling , that post multos pios tandem sudores & religiosa exercitia in Fordono vico Merniae foelicem hujus vitae sortius est exitum . Which is in our Scotland , and in the North part thereof , very far out of the Road from Ireland to Rome ; and where we have St. Padies Church and Fair ; and with us he is nam'd our first Bishop to this day : but was never nam'd an Irish Bishop , until the Bishop of St. Asaph made him by a strange word first , in omination of success , as he says , tho not he , but St. Patrick had this success . If then he died not so soon , and if the time of his death is not prov'd , why might he not have baptiz'd Tarvanus ? And why should our Boethius be hector'd for saying , that Palladius baptiz'd Tarvan ? Yet I impute not this to my Lord St. Asaph's mistake or ignorance ; but it is an elaborate contrivance , to divert all the unanswerable Authorities , proving that Palladius was sent to us in Scotland , in the Year 431 , and so before the Year 503 ; in which my Lord St. Asaph says we setled first in Britain . I shall conclude this concerning Palladius , with the suffrage of Dr. Hammond , a learn'd and Episcopal English Divine , * who in his vindication of the dissertations concerning Episcopacy , reconciling the seeming Differences between Beda , who asserts , that Palladius was sent to the Scots believing in Christ : And Prosper , who speaking of the same Mission , says , That Palladius made also the Barbarous Island Christian ; lays down these three Conclusions ; 1. That Christianity was planted in Scotland , before Caelestine's Time , deriv'd to them most probably from their Neighbour Britons here , with whom they are known to have agreed in the keeping of Easter , contrary to the Custom of the Roman Church , as * Beda says . 2. That this Plantation was very imperfect , differing little from Barbarism , and so reputed by Prosper , till the coming of Bishop Palladius among them . 3. That even after that , they retain'd the use of Easter , contrary to the Roman custome , which still refers to some rude conversion of theirs before Palladius ; and so it is evident , that in the learn'd Doctor 's opinion , the Scotland to which Palladius was sent , was ours ; and that we were Christians before his coming , tho rude and barbarous . The Bishop of St. Asaph having thus spirited from us , into Ireland , Palladius our first Bishop , he proceeds to translate Amphibalus our first Churchman upon Record , unto a Shag-Cloak ; designing likewise thereby to prove , that Boethius our Historian is not to be credited , because he follow'd their fabulous Ieffrey : Who finding that St. Alban had , to save his pious Guest , taken the holy Man's Habit , to the end he might be martyr'd for him ; and as Beda expresses it , Caracalla ejus indutus ; Ieffrey concludes , as my Lord St. Asaph alledges , that the Vestiment was Amphibalus ; and Ieffrey having made the Cloak a Man , Boetius made him a Bishop of the Isle of Man : and so this Cloak was fitly ordain'd to be a proper Bishop for the Chapter of the Culdees : But this is ludere in sacris , and to expose Episcopacy it self upon the Stage . In answer to which , I shall only offer these few thoughts , First , What Interest had Ieffrey ( who was a Briton ) to oblige the Scots , or the Isle of Man , in making so horrid a lye ? 2. It is against sense , to think that any Man , much less a Scholar , could have been so gross , as to take a Shag Cloak for a Bishop . 3. If the Shag Cloak had been mistaken for the name of a Man , he should have been call'd Caracalla , and not Amphibalus ; for the Legend being written in Latin , Ieffrey had certainly chosen the word Caracalla , because that was the Latin word , and was the word used by Beda , and because there was a Roman Emperor truly of that name , before Beda and Ieffrey's Time. 4. Beda relating to that passage , tells us , that in the Dioclesian Persecution , St. Alban , Aron , Iulius , and many others suffer'd : And why might not Amphibalus be one of these many that suffer'd ? And why ought Boethius to have been tax'd , for mentioning Amphibalus , since this was done long before him , by a multitude of English Writers , cited by Bishop Vsher , who deriv'd his birth from Greece , and describes the particular Actions of his Life , and his Martyrdom ; with which also the modern English Writers agree , as * Baleus , Holinshed , Speed , all which English , and thousands of other Testimonies do far weigh down Bishop Vsher's Conjectures , that Amphibalus was not a Man , but a Vestiment , from the silence of Gildas , Beda , the Martyrologies and Breviaries of Salisbury , and Ieffrey , who do not mention him : for Gildas could not mention him , writing concerning the Conquest , and Destruction of Britain ; Beda tells the Passage relative to St. Alban ; and albeit he names him not in the Dioclesian Persecution , yet he tells , that many more suffer'd than the three he names . We have not seen the Martyrologies , and Breviaries , nor does it import whether they mention him or not ; and it is not so much to be wondered at , that some English Writers do not mention him , as that he is mention'd by so many , seeing he was a Greek , and a Bishop in the remote Isles of Britain , and in all likelihood would have been buried under silence , had it not been for that Passage with St. Alban . My last Argument for confirming our History , shall be , that the best Critiques , Historians , and Antiquaries of other Nations , who had occasion to mention our Histories , and particularly the great Baronius , Scaliger , Salmasius , Lipsius , Carolus Sigonius , Favinus , Selden , and others of the first Rank , ( too many to be nam'd ) have passionately defended our Antiquity , and not only sustain'd , but prais'd our Histories : and so the Arguments and Grounds whereupon I have proceeded , are already asserted by the best Judges , and that too after Luddus publish'd his Objections against the same , and almost the very same Objections which are now urg'd , and which are treated with great contempt by * Scaliger . Since then there is nothing now urg'd , that could have escaped the observation of these learn'd and curious Authors , who could not but have discover'd , as soon as the Bishop of St. Asaph , that our Historians did not mention any Warrants which were written in the Time , or did contradict the Roman History or one another . I admire why now these our Histories should be controverted . And tho something might be pretended , if my Lord St. Asaph did in this Book , produce Manuscripts unknown to those learn'd Criticks ; yet could they have been so blind and ignorant ( especially in that subtile and laborious Age , wherein all Men were by a noble emulation contending , who should discover most ) as not to have seen defects ? which if they had been real , they had been obvious . It is also very remarkable , that since all Nations are emulous of one another in Matters of Antiquity ; yet they , by yielding to ours , have thereby acknowledg'd , that ours was beyond all debate ; and to this day , none controvert it , ( notwithstanding of all the pains taken by Luddus , Cambden , and Vsher ) further than to gratify their own Country . And therefore , as Cicero argues , that the Romans were the bravest , because every Nation commended them next to their own : I may contend , that we are the most ancient , because every Nation confesses us to be next to themselves in Antiquity . I shall cite , for confirming this , some few Instances . Saxo Gram. Swaningius , Albertus Krantzius , own our Name and Nation to have been before Christ , though after the Danes . Mezeray shortly after Pharamond : and my Lord St. Asaph himself , who brings us in but 50 Years after the English. Since it is probable that the Bishop of St. Asaph and I will not agree well in the decision of this Debate ; were it not just that we should both rest in the decision of learn'd Strangers , who understood Antiquities exactly , these being the subject Matter of our Controversy ? And where can we find more qualified Judges than those great Antiquaries whom I have named ? But yet to shew how much I trust to the strength of that Truth which I assert , I dare appeal to Selden , that English-man , who was so affectionate to his Country , and that Antiquary who understood best of all Mankind the Antiquities of his own Nation , and even to him also in his Mare Clausum , written for the Defence and Glory of his Country ; who , lib. 2. cap. 8. Maris Clausi , has these words , speaking of those famous Lines in Claudian , to the praise of Stilicho , Inde Caledonio velata Britannia monstro — Totam cum Scotus Jernam Movit & infesto spumavit remige Tethys . As the Palmes , and the River Tagus were peculiar to Spain , as the Ears of Corn and Ivory to Africa ; so he would have it understood , that the Province of Britain had the Sea of the same name peculiar thereto . But yet it is to be conceiv'd , that the Dominion of the Romans was so limited in this Sea , according to their possession of the Shore , that they had little power in that part of the British Sea , which bordered upon the Shores of those British Nations who were not under their Obedience . This is to be taken chiefly of the Irish Sea , and the rest that lies North-west ; for when the Roman Empire began to decline , not only in Ireland , but in the Isle of Man also , and the other Isles of the Western Sea , and a great portion of the more Northerly parts of Britain was possess'd by the Scots and Picts , so that we have sufficient ground to conceive , that they also had an ancient Dominion of their own in the neighbouring Sea. From which Passage I argue thus , 1. That Selden consider'd the Scots and Picts , as Nations not subject to the Romans ; Gentes iis ( viz. Romanis ) minime subjacentes , No manner of way subject to the Romans ; and looks on us as the most considerable of these two Nations : for the words run , A Scotis , tenebatur Pictisque ; and very justly , for we were able to defend them while they were just to us , and to extirpate them when they became Enemies . 2. This great Antiquary asserts , that the Scots and Picts possest not only in Stilicho's Time , who was Guardian to Honorius , and so liv'd about Anno 400 , a great portion of the Northern part of Britain , as well as the Isle of Man , and the rest of the Western Isles ; and consequently if we possest them then , it cannot be said that we were only here by way of incursion , till the Year 500 ; or were confin'd to Argile , till after the Year 500 , as my Lord St. Asaph contends . 3. That we were not only possest then , but that we had avitum Dominium , ancient Dominion , and had right prisco jure ; and nothing is so inconsistent with the being Proprietors , as to be Robbers , coming only by way of Incursion ; and if we had the Dominion of our Seas , jure prisco , and per Dominium avitum ; we were certainly ancient Possessors before the Year 400 , and so must have been not only far older than the Year 500 , but even to have been prisci incolae , as Beda ( l. 1. c. 1. ) says , before the Romans entred this Isle , and so before Christ. Selden also , in the transition from that 2d to the 3d Chapter , tells , after that he had spoke of the Scots Dominion of their own Sea , that he will treat of the succeeding Ages , and so proceeds to the Saxons , which demonstrates , that we were setled here before the Saxons , though my Lord St. Asaph makes their settlement here more ancient than ours . And in this Beda agrees with Selden , but both contradict the Bishop . And lastly , this passage clears , that the Testimonies , not only of Claudian concerning Ierna , but even of Tertullian , when speaking of the Inhabitants of Britain not conquer'd by the Romans , and of Ierom speaking of the Britannick Nations , are only applicable to us : And therefore I hope my Lord St. Asaph will not take it ill , if we , in a Matter of Antiquity , prefer an impartial Antiquary , to an interested Divine , as I would not be offended , if the Bishop of St. Asaph were preferr'd to me in a Theological Controversy . The first general Objection against our Histories , is , that they were not written by those who lived in the Time , but more than 1400 Years after the things happened , of which they wrote . And it were strange , that if Gild●s , who liv'd 500 Years before the eldest of them , could find no sufficient Instructions , save from Foreigners , that our Historians should have found sufficient Warrants for a History after so long a time . To which my Answer is , That our Histories giving only an account of one Nation , it was easier to find the true and sincere Tradition as to us , than it was in other Nations , where the Conquerors were not concern'd to preserve the Traditions and Records : and though I have made it very probable , that this Isle had the use of Letters before , or at least soon after we settl'd in it , and so might have preserv'd the Story . Yet albeit our History were only founded on Tradition , until about 600 Years after Christ , before which the Monastery of Iona or Icolm-kill was founded , that Tradition might have been sufficiently preserv'd , for so few Generations , by the means and methods that I have formerly condescended upon . Nor can I see , how the Origin of a Nation could not have been preserv'd by those who were of it , or how , being established it could have vanished when People became more polite and curious . And after the Year 600 , I have prov'd , that our Historians might have been , and were sufficiently warranted in what they have said , by old Manuscripts , and Records : nor is there any thing urg'd in this Objection against us , but what might as unanswerably be urg'd against the Greek and Latin Historians . A receiv'd History cannot be overturn'd , from what I have formerly represented , without Arguments , which necessarily conclude that the History impugn'd must be false ; which cannot be alledg'd here , where the Warrants of the History controverted , not only might have been , but probably were true ; and are so far from contradicting other Histories , that they are confirm'd by them . I desire also to know , what old Manuscripts and Records Luddus , the Antiquary so far preferr'd to ours , had for proving , that much elder Succession of History from Brutus to his own Time : And whereas St. Asaph says , that Buchannan should not have tax'd Luddus for deriving the Britons from Brutus , since he own'd a Succession of our Kings from Fergus , there being as few Documents to support the one , as the other . To this my Answer is , That there have been very solid grounds brought for sustaining the one , which cannot be alledg'd for the other : and ours are adminiculated by the Roman History , whereas theirs is inconsistent with it : for it is palpably inconsistent with the Roman History , to say , that Brutus was the Son of Ascanius whom he kill'd , for which being banish'd from Italy , he came over to Britain : and that Britain was govern'd by Consuls : which should rather be laugh'd at , than confuted . The Bishop is most unjust to us , in asserting , that we have no Author of our own before Fordon ; and that no Author mentions our Antiquity , but such as have follow'd Fordon , who wrote about 300 Years ago . For Fordon cites his Vouchers , many of which are extant , and those who are lost , are prov'd to have been extant . Within the Isle we could have no Authors till there were Writers , and Gildas and Beda , the eldest in the Isle , prove our Antiquity . Without the Isle none could know us , being so remote , but either by the Wars they had with us , or the Christianity that was common to them and us . As to our Wars , all the Roman Authors above-related speak of us ; Orosius about the Year 417. Claudian 397. Ammianus before the Year 360. Beda and Eumenius speak of us , as before Iulius Caesar , as hath been prov'd . All which we have collaterally supported , by a gradation of Ecclesiastick Historians abroad , and all our own Historians at home . Beda brings us to Reutherus , who was the 6th King from Fergus the first : and he living within 150 Years of Fergus , this short step may be trusted to Tradition , though we had wanted the help of the Druids , and Phaenician Letters : for a Father might have inform'd his Son of so near a Time ; nor was this worthy of a fiction . And I may modestly say of the foregoing Citations from forraign Authors , that if they be not strong enough to overturn the Bishop's Hypothesis , yet they are at least as strong as those produc'd by Iosephus in defence of the Jewish History ; and yet all the learn'd World has acquiesc'd in them . Nor is there any thing to be concluded from the silence of Adamnanus , and Marianus , the eldest of our Historians : though , as the Bishop alleadges , they had certainly mention'd our Antiquitiy , if they had known it . For Adamnanus wrote no History save of Columba ; and Marianus going to Germany , when he was very young , could know little of us , and mentions only the three Kings of Scotland , in whose time he liv'd : and so if this Argument prov'd any thing , it would prove too much . For certainly we had Kings before those three , whom he mentions ; and these negative Arguments are of no moment in Matters of History , and are justly reprobated by the learned Scaliger , in his Notes on Eusebius , and by * Vossius . The second Objection is , That our Historians contradict one another concerning the Origin of the Picts ; which ought to lessen their credit . But to this it is answered , That our Historians were not concern'd to consider the Origin of the Picts as they were to consider their own . And this Objection subsumes not what is true in Matter of Fact. For our Historians generally agree in the Origin of the Picts , whom all of them make to be Scythians : and though Fordon relates three different accounts of them , yet he does not settle upon any thing that is different from our other Historians * as is fully to be seen . The third Objection is , That our Historians are contradicted by our own Antecessors ; for our Historians assert that King Donald the first was our first Christian King ; whereas in our Apology against Edward the first of England , about the Year 1300 , we assert the Tradition of a wonderful Victory obtain'd by our King Hungus , against the Saxons , by the Relicts of St. Andrew the Apostle , by virtue whereof the Scots first receiv'd the Faith of Christ. To which it is shortly answer'd , that every Contradiction does not overturn the Truth of a whole History ; otherwise we need not be troubled to give any other answer to the Bishop's own Book : nor is this pretended to be a Contradiction amongst our Historians , for they all agree , that King Donald was our first Christian King ; but in that Apology , which is alledg'd to contradict our Histories , our Predecessors design'd , as most Pleaders do ( and this Eloquent Author does in his Book ) to gain their Point at any rate . For understanding whereof , it is fit to know , that King Edward the first , having upon the Competition betwixt Bruce and Baliol , interpos'd with design to make himself Lord Paramount of Scotland ; he caus'd his Parliament write to the Pope , to whom afterwards he wrote himself ; in which Letter of his , it is pretended , that we were Vassals to England , as descended from Albanactus the second Son to Brutus . 2. Because several of our Kings had become Vassals to his Predecessors , in the Times of the British , Saxon , and Norman Kings . To which we answer in our Apology , That without debating , whether the first Inhabitants of the Isle were descended from Albanactus , or his Albanians , it is asserted , that we came from Spain by Ireland , and conquer'd the first Inhabitans ( for which we cite * Beda ) and so , tho they had been Vassals , we were free ; not being lyable to the Conditions of the People we conquer'd ; and as such , fought constantly against the Britons , who were forc'd to build Severus's Wall against us . And as to any homage made by our Kings , it was either for the Three Northen Countries of Cumberland , Westmoreland , and Northumberland , confirm'd to us by the Britons , to defend them against the Saxons ; and thereafter again * confirm'd by both Saxons and Britons to assist them against the Danes . Or was extorted by force , from one or two young Captive Kings ; upon which heads the Popes had declar'd us free : which Bulls , Edward himself had robb'd unjustly out of our Treasure , with other Records , which he could not deny : but to cajole the Pope their Judg , they insinuate , that though they were not Tributaries to his Holiness , as England was ; yet they ought to be protected by the Pope , because they had been converted by St. Andrew his Predecessors Brother-german : St. Andrew having in Hungus's reign obtain'd for them a Victory over the Saxons ; and so became subject , and subservient to the Pope , in having converted the Saxons by Aidan , Finan , and Colman . From this Matter of Fact , I observe , 1. That we own'd the same origination there , that our Historians do to this day : and so our Ancestors differ'd not from our Historians , much less are they irreconcilable , as St. Asaph alleadges . 2. That the English acknowledg'd us to be as ancient as the Britons , they and we being descended from two Brothers . 3. That what we said of St. Andrew , must needs be upon design , to have oblidg'd the Pope , meaning certainly , either that we were then first effectually converted to the Church of Rome , from the Oriental Observations , in which we were very long very obstinate , and that Rome consider'd that , as the true Conversion ; or that after that time we first became subject , tho not feudatary to the Pope , as these forecited words subjoyn'd do insinuate . But that our conversion from Paganism , was more than 400 Years before the Saxons , is positively asserted in that same Apology . Nor can this have another meaning , for it is undeniable , that we were Christians long before the reign of Hungus , who reign'd 800 Years after Christ : and Colman , &c. liv'd long before that King. Nor was Hungus our King , we being only Auxiliaries to him then , as King of the Picts : after which Apology , King Robert the 1st being crown'd , and having defeated King Edward at Banock-burn , where he gain'd a most signal Victory over the English , they then being low , made application to the Pope ; and he having discharg'd us , by a formal Interdiction , to pursue the Victory into England ; the Nobility , to pacify that Pope , and to remove the Interdiction , at the desire of the King , wrote Letter , wherein they own the Antiquity of our Nation , and Religion , and Royal-Line , mentioning when we came from Spain , as our Historians do , with whom they agree exactly , Vt ex antiquorum gestis , & libris , collegimus , says the Letter : which being prior to Fordon , proves that all this was not Fordon's Dream , and that our History is well founded on old Records , prior to Fordon . And lastly , it appears , that our Kings were not Vassals to England for their Crown , but only for these Provinces , as * my Lord St. Asaph confesses , and as I have prov'd in my Treatise of Precedency ; albeit our Independency was as much controverted of old , as our Antiquity is now : and I hope that the one will shortly appear as unjust a Pretence , as the other is already confest to be . From this it appears , that there is rather a Harmony than real Contradiction here , and that any seeming Contradiction is far less , than the real ones , betwixt Beda , and the Bishop of St. Asaph , and the following Contradictions , wherein he differs from himself . For clearing whereof , observe , That the Bishop says * he questions not the truth of any thing that is said to have been within 800 , nay within 1400 Years ; but so it is , that this would bring us to be setled here , before the Year 300 after Christ : for substract 1400 out of 1684 , ( which is the Year in which the Bishop prints his Book ) his Lordship can controvert nothing except what was done within 284 Years after Christ : And yet he decryes our Historians , for saying , that we were settl'd here before the Year 503 ; and denies our being Christians for many Years after the Year 300 ; and to improve this learn'd Bishop's just Concession , I must remark , that all our Historians agree , that Gregory the great King of Scotland , who died Anno , 892 , added Northumberland to the Merse ; and having defeated the Britons at Lochmaben , he forc'd them to renew their ancient League , and to confirm to him the former Right , his Predecessors got from them to Cumberland , and Westmorland , for assisting them against the Picts and Saxons ; which shews also , what great things we could do , not only alone without , but even against the Picts . All which being said by our Historians , not only within the 1400 Years , but the 800 , are not controvertible by the Bishop's concession : and therefore I understand not why he asserts * that we had nothing but the Kingdom of Argyle before the beating and extirpating of the Picts , who gave us their possession beyond Drumalbain . Nor can I reconcile , how the Bishop asserts all alongst , and particularly , * that the Picts had nothing besouth Grahams-dyke , or the Frith of Forth and Clyde : and yet he confesses * that amongst the South-Picts , there was a Monastery of St. Martin at Whit-horn founded by St. Ninian , in honour of that Saint ; and Whit-horn is in Galloway , in the furthest south point of our Scotland , near eighty miles besouth Forth ; and himself also confesses * Whit-horn to be in Galloway . The fourth Objection being , that our Historians have followed Ieffrey of Monmoth , in many rediculous inventions , which were purely his own ; and particularly in the History of Bassianus , who being Emperour , is by him pretended to have been kill'd in Britain , by Fulgentius ; which , tho Buchannan does not exactly follow , yet he still makes Bassianus to have been a Roman Lieutenant , and to have been kill'd in Britain ; whereas it appears not from any Roman Authors , that there was any Roman Lieutenant here . To this it is answered , That no Man comparing our Histories with Ieffrey of Monmouth , can think so : for we bring not our Nation from Brutus , as he does against common sense ; and tho Ieffrey tells a story of Bassianus the Emperour being kill'd in Britain , which contradicts the Roman Story ; yet Fordon does expresly say * it was not that Bassianus who was Emperour , but a Captain sent here : and so does not follow , but contradict Ieffrey . And Buchannan , to shew that he does not follow him ( and he understood too well the Roman Story to do so ) only relates that there was a Bassianus kill'd , which no Roman History contradicts ; and which is not to be presum'd Buchannan would have made , since there is nothing in it for the advantage of his Nation : and as it is probable , the Emperour would not have suffer'd Carausius to make such great preparations , without sending a considerable Captain ; especially since Eutropius tells , that after many Wars attempted with Carausius , he at last concluded to send a Captain against him , without naming who that Captain was . It were a hard thing therefore to conclude so great Authors were forgers , because they condescend not upon an Author for every indifferent Circumstance ; and the * Notitia Imperii is so far from having taken notice of every Lieutenant in a Legion , that I can prove by many Texts of the Civil Law , that even Consuls themselves have been forgot , when they were only chosen to succeed to those , who died during their Consulship . But the great Objection used by the Bishop , against our Antiquity , lyes in the 4th § of the Bishop's first Chapter , wherein he asserts , That Ireland was peopled by the Scots , and was the only Scotland before these times , viz. before the Year 503 : And in the 5th § , That there were no Scots in Britain before the said Year 300. And in the 6th and 8th § ; That the Scots , betwixt the 300 and 500 Years , were indeed here , but not setled , and only by way of Incursion . And in the 9th § , he asserts , That about the Year 500 they first setled here , and erected the Kingdom of Argile . And in the 12th and 13th § , he asserts , That after the Year 900 , we got the rest of the Country , and then only it came to be called Scotland . For clearing all these Mistakes , without partiality or humour , I shall sum up my Answers in these distinct Propositions . First , It is undeniable in it self , and acknowledged by our Adversaries , that the first special Names , under which Ireland was known , were Ierna among the * Greeks , and Hibernia among the Latins : both of which are , as I said , acknowledg'd by † Bishop Vsher himself . My second Position is , That before the Year 300 , there is no Foreign Author produced by either Nation , that mentions Scotia , Scoti , or Scoticae gentes , except Seneca , who mentions the Scoto-brigantes : and Florus the Scoticae pruinae : and Hegisippus , who mentions Scotia : and Porphyrie , who mentions Scoticae gentes . And tho I have prov'd formerly all these Authors and Passages to be genuine , and applicable to us alone : yet , tho they were only spurious Authors , or the conjectural Readings of new Criticks , as Bishop * Vsher ( whom my Lord St. Asaph follows ) alledges , † Porphyrie only excepted , whose Testimony is admitted by him to be in the third Century . It clearly follows , that my Lord St. Asaph has , without sufficient Warrant , asserted in the forementioned place , that Ireland was called Scotland before the Year 300 : he admitting no Author for this , save Porphyrie , whose Book he acknowledges not to be extant , but to be only cited by Ierom , who liv'd long after the Year 300. 3. My chief Design in this Book , is not to debate the Antiquity of the Names of Scotia , or Scoti , but only when we first setled under Kings in this Isle . And consequently though Arch-bishop Vsher , and the Bishop of St. Asaph could prove , that the words Scotia , and Scoti , were not known the first 300 Years , except in Porphyrie ; yet that cannot prove that we were not setled here before that Time. For it is undeniable , that many Nations have had peculiar Names , before those Names can be found in History , as Scaliger very well proves : and they could not be known in Histories , till other Nations had commerce with them , and wrote of them , which was a thing very accidental . And Foreigners do oft-times design Nations by Appellatives , which they themselves invent . And it is asserted by Bp Vsher , that the Scots inhabited Ireland long before the Year 300 , tho till then he cannot give an Author for that word . And who can deny that the Picts liv'd long here before Eumenius , who first mention'd them , and liv'd long after Porphyrie who mentions the Scots ? And it is very observable that to this day , neither the Irish nor we are call'd Scots in the true Irish Language ; for they call their own Country-men Erenach , from the word Ierna , or Ibernia , and us Albanach , from Albion , and Albania : Which also clears , that we got that name long before Iulius Caesar's Time ; since before that time , the word Albian was run into desuetude , and was succeeded to by the more known name of Britannia : And these Originations are the more confirm'd , that to this day the same Irish , and our Highlanders , know no other names to the English , save Sassanach , because of Saxony from which they came ; as they call'd us Albanach ( to distinguish us from themselves ) from the Country to which we came . Which may give us likewise a hint , how by Names , without Histories , most ancient Monuments of Antiquity may be preserv'd : And it is fully prov'd before that time , we were known in this Country , under the name of * Dalreudini , and † Caledonii . 4. All those uncontroverted Testimonies , that make first mention of the Scots , and of Scotland , are only applicable to us : such as Claudian , Pacatius , Ammianus , &c. as has formerly been fully prov'd . And since Hegesippus is the first Author produc'd by the Bp of St. Asaph , who mentions Scotia ; and that it has been formerly prov'd , that these Passages relate to Us , and not to Ireland ; it follows clearly , that the name Scotia was given to Us , before it was given to Ireland , or that the Irish were call'd Scoti : Albeit it were admitted that the Works ascribed to Hegesippus , were really St. Ambroses , who flourished before the Year 400. And Cambden acknowledges that the Name of Scotland came over with the Scots to Britain , cap. 1. Hibernia . And therefore since I have prov'd , that the Scots came over before Iulius Caesar's Time ; it follows from Cambden , that the name of Scotland was ascribed to us before them . 5. Tho it be true , and acknowledg'd on all hands , that Ireland was inhabited by the Nation of the Scots , as is written by Orosius in the Year 417 ; and that it be true that our Colony came from Ireland , as Beda and our Historians commonly assert , and that thence it may be said , that Hibernia est proprie Scotorum Patria . It will not follow that either We , or the Irish were called Scots before that Time ; or that because We have deriv'd our Colony from the Irish , that therefore We have deriv'd the Name of Scoti from them . But on the contrary , supposing with Vsher , that the Nomen Scoticum had been first given in the third Century , then the Name behov'd to have been ours originally , who were more known and consider'd in the World than they , because of the honour we had in the Roman Wars ( whose Authors do first mention Scoti , and Scotia ) and our early conversion to the Christian Faith : And by our frequent intercourse of Colonies with the Irish ( as about the time of Fergus the second ) . It is probable we did communicate the Name of Scoti to these Inhabitants in Ireland , from whose Ancestors we were descended , and among whom our Colonies , that were returned , setled ; as at this day , the Scots in the North of Ireland do retain the Name , and as we had the name of Hibernia communicated to us from them ; which is abundantly clear'd from what is said out of Eumenius and Gildas . So that these names of Hiberni and Scoti have become common to both People ; but with this difference , that as the Irish were originally called Hiberni ; so our Scots were originally Scoti . For of all the Passages produced by Archbishop Vsher , or Bishop of St. Asaph , to prove the Irish to be called Scoti , that of Orosius is the first that is applicable to them : for those from Claudian , Ammianus , Pacatius , and Hegisippus do not at all agree with them ; nor yet that Passage from Prosper , as has been proved ; nor these from Gildas : for tho he calls those People , who are said to return home , Hiberni , or Irish ; yet * he calls the same People who return'd home , Scots , and not Irish. And the Actions to which these Passages cited against us relate , are uncontrovertedly by Beda , Gildas , and all the Roman Authors , applicable to Us , and not to the Irish : being the three Vastations made by the Picts , and Vs in the British Territories . And Marianus ( whom the Bishop likewise cites against us ) * does expressly apply this to the Scots ; for he uses the word Scoti , in speaking of all the three Vastations . And whereas Gildas useth the word Scoti , speaking of the first two Vastations , and says , Hiberni revertuntur domum , speaking of the last : Marianus , repeating the same passage , says , Scoti revertuntur domum . By which also I infer by a far better Consequence , that the Scots must be said to return to the place where they were formerly settled ; but so it is , that the place where the Scots were formerly setled was the West of Scotland , and therefore when they return'd home , they return'd not to Ireland , as the Bp of St. Asaph alledges , but to our North-west Country , as we contend : for the word in Gildas , is à Gircio , which signifies North-West ; and Ireland lies South-West from Grahams-Dyke , near which these Actions were done : But Argile , and those Isles which We possessed , lies indeed North-West from it . And if they had return'd to Ireland , they had been Trans-marine , as living in another Isle , contrary to Gildas's own express assertion , as it is interpreted by Beda , cap. 12. lib. 2. 2. Why should the Picts and Scots ( being spoke of as to their going home together , the one to the North , and the other to the West ) not be thought to have gone home to the same Isle , since different Isles are not mentioned ? and if I said , I were going to the West , that in common sense could only be understood , of the West of that Kingdom or Island where I then were ; and not of any other Kingdom lying to the West thereof . And both the Picts and Scots being equally called Trans-marine Nations , if the Scots went out of the Isle , it must follow that the Picts left it also , which never any was so ridiculous as to alledge . By all which it clearly follows , that the words Scoti & Hiberni were , before these Times , promiscuously ascribed to us . And tho Beda may speak of the Scots coming from Ireland , and setling a third Colony in Britain long before Iulius Caesar's time , yet that doth only prove the Antiquity of the Settlement of the People that are call'd Scoti , but not the Antiquity of their Name , concerning which Beda was not treating : for he rather seems to insinuate the contrary , when * he says , Aquo ( viz. duce Reuda ) usque hodie Dalreudini vocantur . 6. The Passages produced by the Bp of St. Asaph & Vsher , for proving that Ireland was called Scotia , after the Age that Hegisippus or Ambrose liv'd in , and within the 1000 Years , are very few : and many of them from Legendary Writers . But I shall glance at the most material . The first is Isidor Hispalensis , who liv'd in the 7th Century , and who says * Scotia eadem & Hibernia , proxima Britanniae Insula , spatio terrarum angustior , sed situ faecundior . The same words are used by Orosius , whom he follows , except that Orosius calls the Inhabitans Scoti , but does not call the Country Scotia , but Hibernia : so that Orosius having first call'd the Inhabitants of Ireland , Scoti , in the Year 417 ; Isidor by an ordinary derivation calls their Country Scotia , and is the first that Arch-bishop Vsher , or the Bishop of Saint Asaph , does produce to prove Hibernia to be call'd Scotia ? and is in the Year 620 , and so is too late to prove their Design , since it is clearly prov'd that our Country was called Scotia in St. Ambrose's Time , even by their own concession . And whereas the same Isidor , speaking of Ireland says , haec est proprie Scotorum patria ; beside what has been formerly urged , it is observable that the word proprie does imply as if it might have been justly doubted , and that it was not true in all senses : especially since * Beda uses the very same expression , after that he has fully cleared that we were settled here long before that time : and therefore it doth necessarly follow that these words are consistent with our being settled here ; and consequently that they must not be so interpreted , as to infer that Ireland was the place where We then liv'd but only the place from which We came : And such as understand the Civil Law , ( the best Standard of the Latine Language ) must acknowled , that there is , * Patria Originis , as well as Incolatûs & domicilii : And it may be justly said of those of Virgina and other English Plantations , that , Anglia est proprie illorum patria : And generally it is observable , that the Authors relating both to us and them , do first call the People Scoti , and then the Country Scotia : but still the more ancient Authors call us Scoti before them , and our Country Scotia before theirs . As to the Citations out of Adamnanus in vita Columbae , and Beda : It is certain that Adamnanus is lately publish'd by an Irish Hand , as appears by the Marginal Notes , the Publisher still adding Hibernia in the Magin , where Scotia is in the Text. But however it is certain that Adamnanus was Abbot of Hy , which is Ikolmkil among the Scotish West Islands : so that in dubio he is presum'd to be a Scots-man , and not an Irish ; and Balaeus and others positively assert him to be a Scots-man . Nor is there any reason for their calling him an Irish-man ; but because all Authors who speak of him , call him Scotus ; and to assert a Man to be an Irish-man , because he is called Scots-man , is rather a Bull than a Reason . But because he is mention'd by Beda , who liv'd shortly after him , and is an Author of far greater Authority . What I shall observe from Beda , will serve to clear the Citations out of both . And first , Beda * relates , That Ecgfrid King of Northumberland , having sent an Army into Ireland under Bertus , he wasted the Country , and the innocent People . And the next Year , having sent an Army to waste the Province of the Picts , contrary to the advice of his Friends , and of St. Cuthbert , God suffered that Army to be destroy'd , because the former Year he had rejected their Advice ; * That he should not invade Scotland , which did not wrong him . And to clear that the Scotia here express'd was not Ireland , he adds , † The English and Scots who abide in Britain . This Passage ( as well as the others which I have cited , and shall cite ) proves , 1. That Scotland then was promiscuously express'd by the names of Hibernia and Scotia : For the same thing is said first to have been done in Hibernia , and thereafter it is said to have been done in Scotia : And this answers the Objection , Hiberni revertuntur domum ; and where could their Home be but in Ireland ? 2. It proves that this our Country was call'd Scotia in Beda's Time ; and so long before the Year 1000 , which the Bishop denies . Nor can it be prov'd that the King of Northumberland went to make War in Ireland ; nor speaks Beda of any War with Ireland . The next Passage from Beda is , where he says , * That Columbanus an Abbot and Presbyter , came in the year 565 , from Ireland to Britain , to preach the Word of God to the Provinces of the North-picts : and converted them ; and got from them possession of the former Island for founding a Monastery , where he was buried . Out of which Monastery ( meaning Hy ) many other Monasteries were propagated in Ireland and Britain ; in all which the same Island-Monastery was the chief . And he takes notice , that the Successors of this Abbot differed in the Observation of Easter from the Church of Rome , till the Year 716. And thereafter he says , That * Aidan was sent from this Island for instructing the Province of the English. Now he had said before , † Aidan who was sent from the Isle which is called Hy , which is the chief of the Scotish and Pictish Monasteries , and belongs to Britain . And thereafter he * says , That Colman seeing his Doctrine slighted , and his Adherents despised , returned to Scotland . So that we see , that that which at the first is called * Ireland ; afterward is called † the said Island , and the Monastery in it , the * Island-Monastery ; and thereafter it is † called the Isle of Hy ; and thereafter it is * called Scotland . I shall cite a third Passage from Beda , where speaking of a great Plague in Britain , he adds , * This Plague also wasted Ireland with the same destruction ; at which time there were there many of the Nobility and Commons of England , who in the time of the Bishops , Finan and Colman having left their own Native Island for the greater convenience , either of Divine Studies , or a more strict Life , had retired thither . — All whom the Scots kindly entertain'd , and furnished with all things necessary , and gave them freely Meat , and Books to read , and Learning , And thereafter speaking of Egbert , who was among them , he adds , † That he was a good Example to his own Nation , and to the Nations of the Picts and Scots among whom he liv'd retiredly ; by which passages it is evident , that that which is here called Ireland , is really our Scotland ; first , because it is said , they came from England upon the occasion of Finan and Colman , who were our Countrymen , and whose chief residence was the Isle of Hy , or Icolm-kill , ( from which they came ) which did then , and does still belong to us only , and which the Bishop of St. Asaph also * confesses : and then because in their Monastick Life , it is said , they resided among the Scots and Picts , and † it is said before that the Island where the Monastery was , belonged to Britain . But for further clearing the former Citations , from Beda I shall offer these following Considerations . 1. That Beda treats only the Actions of these five Nations that did inhabite Britain : and if he do speak of France or Ireland , it is but upon occasion of them ; as of the situation of Ireland from whence the Scots came , or of some Monasteries depending upon Icolm-kill , which perhaps were situated near us , in the North of Ireland : and therefore unless all these passages were clearly applicable to Ireland , they must be understood of Scotland . 2. It being certain , that Beda , in the beginning of his Book , treats concerning the Scots in Britain , the Roman Wars with them , and Palladius's being sent to them , it necessarily follows , that the rest of the Book mentioning the Scots , or that part of the Isle possess'd by them , is to be understood of us , whether the Country be called Hibernia or Scotia , or We Hiberni or Scoti : especially since Beda mentions a King call'd Aidan ; and * we had a King of that Name in that time , which the Irish cannot pretend . Beda treats also concerning the Abbots of Hy , which is Icolm-kill , as is clear by that passage , * where he says , Columba , Founder of the Monastery in the Isle of Hy , venerable to the Scots and Picts , which by a compounded name from Columba and Cell is called Icolm-kill . And that the Monks sent from this Monastery , or Island , were the Converters of the North-Saxons , and the first Bishops of Lindasfern or Holy-Island ? Predecessors of the Bishop of Durham . 3. He makes frequent mention of little Islands , which never did belong to Ireland , but to Sotland , and are still called Hebrides ; And so as the chief of these Isles where the Abbot resided the Records were kept , and the Kings were buried , might probably be called Insula Hiberniae , or Hibernia , and that Scotia might be the Ordinary name to all that part of the Isle of Britain benorth the River of Clyde : so that the going from Hiberniâ , or Scotiâ , in Britanniam , is nothing but the going to the other side of Clyde , * by which , and Graham's-Dyke , that part of the Isle was distinguished from the rest , as if it had been a distinct Island . 4. The great Controversy at that Time being about the keeping of Easter , Laurentius Mellitus , and Iustus , Bishops , did write a Letter to us of the following Tenor. * Laurentius Mellitus , and Justus , Bishops , Servants of all the Servants of God , To our dearest Brethren , the Bishops and Abbots through all Scotland . Whileas the Apostolick Sea , according to the custom it hath observ'd in the rest of the World , did send us to preach the Gospel unto the Heathens in these Western Parts ; and that it happened to us to come into this Isle which is called Britain ; we held in religious reverence both the Scots and Britons , believing that they did walk after the Custom of the Universal Church . But after we had known the Britons , we judg'd the Scots to be the better minded : Yet now we perceive by Dagamus , the Bishop who is come hither , and by Columbanus the Abbot in France , that the Scots differ nothing in their Observations from the Britons ; for Dagamus being here , refused not only to eat with us , but even to stay in the same Inn or Lodging . Now that this is only applicable to us , and not to the Scots in Ireland , the Subject doth prove , being Exhortatory Letters , to conform in the Observation of Easter , wherein the British Scots , who follow'd Columba , differ'd from the Roman Church . 2. The Letter is written to the Scots , and relates to other Letters written to the Britons in the same Isle ; and who needed the same Exhortation . And it is to be remembred , That Vsher generally concludes , that where the Scots and Britons are mention'd in Conjunction , by Scots there , are to be understood the British Scots . 3. * Camerarius cites Georgius Newton , who about the Year 1500 , being then Arch-deacon of Dumblain , did write the Acts of that Church ; and relates that he had seen the Antographum of that Letter among the Records of that Church ; and so it must necessarily have been written to the Scots in Britain , else it had not been in the custody of our Church-men , and at Dumblain . I could produce many other Citations to prove Scotland to have been call'd Hibernia in those Ages : but it is sufficient to add to these unanswerable Proofs already produced , the authority of the Roman Martyrology ; wherein Sanetus Beanus is design'd Episcopus Aberdoniae in Hibernia , at the 16 of December . To which Vardaeus an Irish-man in vita Rumoldi answers , That there might have been a place in Ireland call'd Aberdeen , because Aber is an Irish word , signifying a Marish , and there is a Town call'd Doun in Ireland , situated near a Marish . A pretty Witticism indeed ! especially as he proposes the Objection , and answers the same , as you may see upon the Margin . * But to take off all Debate , Beanus is nam'd in our Chartularies , as well as Histories , as the first Bishop of Aberdeen : and the Mortifications granted to him by our King Malcom 2d , in the Year 1010 , of the Lands of Murthlack , Cloveth , and Dounmeth , are yet extant : and his Tomb is yet to be seen in the Cathedral of Aberdeen , at the Postern Door of the Church . To the former Passages I must also add , That albeit our Country was promiscuously call'd Scotia , and Hibernia , as has been prov'd , yet Scotia , even in that Time , was the more frequent Name of our Country : and which , to keep close to Beda , appears ; for when he speaks of the Isle Hy , ( to which the former Citations chiefly relate , and which was the place of our Country , in which his History being Ecclesiastick , is chiefly concern'd , as being then one of ( if not ) the most famous Monastery in the Western World ) he expresses it to be in Scotia : as where he tells , That * Ceollach , of the Nation of the Scots , leaving his Bishoprick in England , returned to Hy , where the Scots had their chief Monastery : And thereafter he tells , That † the same Ceollach having left his ▪ Bishoprick , return'd to Scotland . And the same * Beda , writing of Adamnanus , calls him Abbot and Presbyter of the Monks that are in the Monastery of Hy. And mentioning the same Adamnanus , † he tells , that he returned to Scotland , after his Embassy in England . And how can it be denied that Hy is in Scotland ? since Beda calls it Scotland , and says , That it belong'd to Britain : and is by all Geographers nam'd one of our Hebrides , and lies locally within our Country ; and was one of the first places which we planted , and far remoter from Ireland , than Kintire and others of our Islands ; and in which our Kings were buried , and our Records kept . To conclude this Proposition , I shall add these Reflections . 1. That it is not so easy for the Bishop of St. Asaph to explicate himself as to these Passages concerning Scotia and Scoti , and to make them signifie Ireland and Irish , since the 500 Year , as before : for admitting that the Terms were anciently applicable to Ireland , and that the Scots when mention'd here , were but by Invasion from Ireland ; Yet it being acknowledg'd , that after the Year 500 we were settled here ; It follows , that when Scotia and Scoti are mention'd in relation to British affairs , and in conjuction with the Inhabitans of Britain , they must be understood of us , and our Country . 2. Beda mentioning our Country to be call'd Scotia , as well as Hibernia , from Columba's Time to his own , it is not only an evidence , that it was so call'd in that Time , but that the Name had not been then first given , otherwise he could not have been ignorant of the Change , nor would he have failed to remark it : so that we may reasonably conclude in his sense , the Name of Scotia is as ancient in Britain , as the Time he mentions the Settlement , Wars , and Religion of the Scots there . 3. It is evident , That the Bp of St. Asaph's * Proposition is faulty , viz. That , when we settled here after the Year 500 , our Kingdom was call'd Argyle , or Dalrieda : for if this had been true , this name being so recent , could not but have been noticed and used by Gildas and Beda , and yet it is never so much as once mention'd by either of them ; tho Beda , upon the occasion of the Monastery of Hy , or Icolm-kill , and of the Bishops sent thence to England , doth frequently mention the Names Hibernia and Scotia , and that St. Asaph * doth not controvert , but that these Bishops were sent from our Isle of Icolm-kill to England . 4. We may observe how warrantable * Arch-bishop Vsher's Position ( repeated by the Bishop of St. Asaph ) is , That no Author mentions our Country by the name of Scotia for the first 1000 years ; whereas most of all the former Authors , both within and without the Isle , prove Scotia to have been the name of our Country : and the whole Tract of Beda's History proves , that since the year 560 , this Country was generally so called : Whereas neither Gildas , nor Beda , who lived near that Time , and wrote whole Books of us , do once call it Dalrieda , or Argyle : and consequently ( as I observ'd before ) the Bishop of St. Asaph's whole Sect. 9. of the first Chapter , wherein he asserts , that about the Year 500 , the Scots erected the Kingdom of Argile , or Dalrieda , is most unwarrantable ; for though Beda calls us once Dalreudini , yet this is spoken of us by him , in the Time of our King Reuda , and so near 70 Years before the 503 after Christ. And from this also arises a clear confutation of what the Bishop of St. Asaph asserts , that no Author writing within the 1000 Years , and naming Scotia , means Us ; which is so far from being so , that no Author of Credit ( Isidore only excepted ) did then by Scotia mean Ireland . And the best Authority that Arch-bishop Vsher gives us for Dalrieda , is Iocelin ; which my Lord St. Asaph hath improved by a new authority out of a Manuscript of the Lord Burghlie's , where the Author thinks that Dalrieda , and the Kingdom of Argile , are the same . Authors not to be once mentioned with those whom we cite . 7. The distinction of Scotia Major , and Minor , is lately invented ; for either Ireland was called Scotia Major before the Year 1000 , or only since : if the first , then it necessarily implyeth , that at that Time our Country was also call'd Scotia Minor , there being no other place assignable . But this is contrary to Arch-bishop Vsher , and my Lord St. Asaph's Position , who deny our Country was called Scotia at all for the first 1000 Years . If it be asserted that this distinction was after the 1000 Years , then there was little or no use for it : For * Vsher tells us , that Nubiensis Geographus , about the Year 1150 , describes Ireland by the name of Hibernia , and describes our Country by the name of Scotia : and so it seems at that time Ireland had lost the name in our favour ; and it is not to be imagin'd that Nubiensis remarked the first Periods of the change of the Name ; and Geographers do describe Countries by their ordinary Names . Nor does Vsher * produce any other Testimony , save a Letter of Dovenaldus Oneil Prince of Vlster to Pope Iohn 22d , wherein there is this passage , * Beside the Kings of lesser Scotland , who all came originally from our greater Scotland . And a Patent of Sigismund the Emperor , † To the Convent of the Scots and Irish of Greater Scotland of a Monastery in Ratisbone . Now Vsher acknowledgeth the eldest of these two Citations , were in the 14th or 15th Century ; when I hope no body will assert , that Ireland was called Scotia Major , or that ever the Kings of England , who were Lords of Ireland , were ever called Lords Majoris Scotiae ; and it is probable they would have very much affected that Title ( if the Country had had that name ) altho they could never make themselves Masters Scotiae Minoris . But it is no wonder , that the Irish should be glad to tell Foreigners , that they were our Chief , and so their Country ought to be called Scotia Major ; notwithstanding that our Nation was then become great and glorious : and that Vsher can find no better authority for his distinction of Scotia Major and Minor , than these borrowed and magnifying Names , used long after he himself acknowledgeth that Ireland had lost the name of Scotia , and that We were only in possession of it . 8. The mistaking of the Names of Scotia and Hibernia , and of that assertion , Scotia eadem & Hibernia , and applying these Names still to Ireland , and not to our Country , hath been the Ground whereupon we have been injured , as to the antiquity of our Kings and Country , Saints and learned Men , Monasteries , and greatness Abroad . For admitting it to be true , that we were not setled here till the Year 500 , yet we have been so happy , as to have such excellent Men , and to have done so considerable Actions , as have been sufficient to tempt our Neighbours , and particularly the Irish , to take great pains to have both pass for their own . In order to which the Irish have lately invented the distinction of Scotia Major and Minor , to the end , that when any considerable Person is called a Scots-man in History , they might claim him as descended from the Greater Scotland . But besides , that this distinction is too new to be extended to ancient Writers , How can it be imagined that our Country , only having passed under the Name of Scotland before the 300 , and after the 1100 , as has been proved , Ireland should have assumed the Name of Scotland in that Interval ? Is it not more reasonable to think that our Country , which alone was design'd by that Name , before the 300 , and after 1100 , bore it likewise only , or at least chiefly , during that interval . But to assert that , during that space , another Country had our old and present designation in a more peculiar manner than we ; and that in dubious Cases it must be appropriated to them , is a piece of confidence which even eminent Wit and Learning cannot support . And yet we find , in Malcom the Second's Time , ( as was formerly observ'd ) who began to Reign in the Year 1004 , That the Frith of Forth ( in his Laws , in the Book of Regiam Majestatem ) is call'd Mare Scotiae : And it is said there , that the same King did distribute , omnem Terram Scotiae hominibus suis : and it is not to be concluded , that this was the first time that our Country was so call'd . And about that time Ireland was expressed only by the name of Hibernia ; for King Henry the 2d of England , who began to Reign in the Year 1154 , is stiled Lord of Ireland . And to clear further that Scotia about those times was the ordinary name for Scotland , and Hebernia for Ireland , I shall only add some few Passages out of Marianus Scotus , who was born in the Year 1028 , and died in the Year 1086 , * who sayes , that about the Year 1016 , Brianus , King of Ireland , was killed ; and a little thereafter , † at the Year 1034. Malcolm King of Scotland died , and Duncan the Son of his Daughter succeeded him . And after that he sayes , at the Year 1040 , * Duncan King of Scotland , was killed , and the son of Finlay succeeded in his Kingdom , whom afterward † he calls * Machetad King of Scotland . All which passages agree exactly with our History , and the summary of our Kings Lives , as they are recorded in our Acts of Parliament , and prove that Marianus treats of Scotland , and Ireland , as different Kingdoms in his Time. In the last place , I shall make some Remarks upon the most palpable of these Mistakes , and of the chief Authors thereof : wherein I shall vindicate the Right and Dignity of our Country , and assert these worthy Persons controverted to be ours . I shall not insist much against Stanihurst , he being solidly confuted by * Camerarius , and with that severity by Dempster , that his Nephew Bishop Vsher ( as the Duke of Lauderdail remarked in some Judicious Reflections of his upon this occasion ) did highly resent it , and in this Matter hath exceeded his usual Temperament and Moderation . And yet Stanihurst never speaks injuriously of our Nation ; for though he mistakes many things , and applys them to his own Country ; yet it appears to be , rather of Design to magnifie it , than injure ours : for he acknowledeth ingenuously , * That he doth not clearly see from what time the Name of Scotland commenced . And though thereafter he taxeth Boethius upon the Subject of Gathelus and Scota , and that he mixeth Fables and Vain glory with his History ; yet he neither disapproves of Buchannan , nor follows he Luddus , both of whom he cites , and who were immediatly before him ; his Book being printed at Antwerp , in the Year 1584. In his Appendix also , Commenting upon Giraldus Cambrensis ( a Welsh-man , and Scretary to King Henry 2d of England , and flourished before the end of the 12th Century ) He translates Cambrensis , who describes Ireland by the name of Hibernia , and makes frequent mention of our Country under the name of Scotia ; as when he speaks of the extent of Ireland , he says ( as Stanihurst interprets it ) that * it is equal in largeness to Wales and Scotland . And elsewhere he says , that † Scotland is called the North part of the Isle of Britain . And afterwards he tells the Story of Moreds six Sons , and that from them the Inhabitants of the North part of Britain , * by a specifick word , were called the Scotish Nation . And Stanihurst in his Annotations on these two Chapters contends , that before St. Patrick's time our Country was called Scotia ; and brings for proofs St. Ierome , who asserts that the Scots were Gens Britannica ; but with great concern he vindicates us from the calumny of eating Mens Flesh : and for our Antiquity he cites Beda , who says , that Sub duce Rendâ we made a third Nation in Britain . So that we see that neither the Welsh in Giraldus's time , nor the Irish in Stanihurst's time , had the Opinion of our late Settlement , and that our Country was not call'd Scotia for 1000 Years after Christ ; which their Successors Luddus , Cambden , Vsher and St. Asaph have had . And the Irish in those days took a far better way for advancing their own interest in doing us justice ; since from all the considerable Actions we did , there did arise a measure of that Honour to them , from whose Country we came as a Colony : Whereas since they were influenc'd by Strangers , they have suffer'd themselves to be impos'd upon , so as to lessen our true Merit , in appropriating immediatly to themselves those devout persons , who were really our Country-men : not considering that the material unjustice was much greater than the imaginary honour : And this Plagiarism and Man-stealing became easie to them since our Reformation from Popery , because after that time we became too careless of those eminent Persons both at home and abroad , who had liv'd in the Roman Communion , or before that time . But I will not insist on this , for I hope their native kindness will incline them to return to their first just methods . If I had leisure , I would make larger Reflections , to prove how unconsequential Arch Bp Vsher is , in making Sedulus and Marianus Irish : since by all Writers they are both call'd Scots , and Balaeus an Englishman tells us , that † Sedulius flourish'd under Fergus 2d . and * Marianus under Macbeth , both our Kings ; and Baronius asserts also this positively . And Sedulius having liv'd before St. Patrick's Time ( who was the first Apostle of Ireland ) and being Disciple to Hildebert an acknowledg'd Scot , and who liv'd in the 390 , must be prior to the Irish Christianity ; which Giraldus and Stanihurst acknowledge to have been first planted by St. Patrick in the Year 432. Nor can * Vsher in all his vast reading , find any Christians in Ireland betwixt the Year 400 , and 432 , which was St. Patrick's Time , but Kiaranus , Ailbeus , Declanus , Ibarus : Tho if Sedulius had been an Irish , he had been certainly mention'd and employ'd , before those obscure Persons ; and certainly he would have employed himself before St. Patrick's Time in the Conversion of his own native Country , if he had been truly Irish. And as to Marianus Scotus , it is a wonder how it can be controverted that he was a Scots-man ; since our Country was then called Scotland by the Bp of St. Asaph's own confession ; and Ireland was just then losing that name ; and Marianus in his whole Book distinguishes betwixt Scoti and Hiberni , and mentions the forementioned three Kings of Scotland about whose Time he liv'd ; and also makes mention of one King of Ireland about that time : as has been observed already ; and particularly , speaking of the Conversions * by Palladius and St. Patrick , he expresly distinguishes betwixt Scoti , and Hibernenses . But passing these , I confess it is pretty ridiculous to see a whole Book written by the above-mentioned Vardaeus , and glossed by Sirin , and published at Louvain 1662 , to prove that Rumoldus Arch-Bishop of Mechlin was an Irish-man : since the Arms of Scotland ( which are , Or , a Lion Rampant Gules , within a doubles Tressure flowred and counterflowred with Flower de lis of the same ) are plac'd upon every Window of the Catherdral Church built by him , and are to this day a part of the Arms of that Archi-Episcopal See , Rumoldus himself being a younger Brother of the Royal-Family of Scotland : And in which witty Book , the Author , to confute this , * is forced to maintain that the Scotish Lion is born by several Irish Familes ; And the double Tressure , tho anciently born by Scotland , and which is Blazon'd in that Archi-Episcopal Coat of Arms , might have been born by the Irish , because that famous League betwixt the Scots and Charlemaigne , was made with the Kings of Ireland , and not with the Kings of Scotland ; and that our Kings had never any Leagues with the French , till the reign of Charles 7th who was contemporary with our King Iames 1st : Whereas the whole French Histories , as well as ours ; and all Foreign Historians , as well as either , the Leagues yet extant ; the Priviledges granted thereupon to us , recorded in the French Registers , and ours ; many Decisions in Parliaments , and other Courts ; and the universal consent of all the French who ever liv'd since that Time , do in all Humility seem to be sufficient Warrants for laughing at this monstruous Assertion ; as I do at him and others , who pretend that the Scotish Monasteries in Germany , are Irish : since they were founded in Charle-Maigne's Time , by William Brother to our King Achaius , and others that went there with him ; and they are to this day govern'd by Abbots and Priors of our Country : Nor can it be understood , how the French and Germans could mistake their own Records and Foundations for so many hundreds of Years togeder , and by this I leave my Reader to measure the other unjust pretensions of such Authors . I hope it now at last appears , that I have detected those ingenious Artifices , which this learn'd Bishop was forc'd to use , to supply his want of solid and just grounds in this his undertaking . As , 1. That , to conciliate respect to this Undertaking , as well as to excuse it , he pretends that it was necessary for the defence of Episcopacy . 2. He makes a great muster of old Authors in the beginning of his Book , as if all these were Men of great credit , and did concur with him to refute our History ; and adorns his Margins with formidable numbers of Citations . 3. Knowing that it could be prov'd , both by British and Foreign Historians , that we were here very anciently , he confesses this ; but by a new and strange Invention , he asserts that we were not here as settled Inhabitants , but only by way of Incursion . 4. He defers our Setling here , till the Year 503 , and so longer than the first Inventors of this new Story did ; upon design to make our Settlement here , later then that of the Anglo-Saxons , who settl'd here in Anno 449. 5. He lessens the reputation of all our Historians , and endeavours also to make them pass but for one ; as if the succeeding Historian had seen no other Warrants , but the preceeding Histories . 6. He treats in ridicule Ieffrey , and some other Historians of his own Country , whom he knew could not be sustain'd however ; and this he does upon design , to shew his impartiality , and that he spares not his own more than ours . 7. For the same reason he decrys the British descent from Brutus : in which he loses nothing , because no sober Man could have defended it ; and he denies the Conversion of their own King Lucius , to strike thereby with the greater authority at the Antiquity of our Royal-Line and Nation , treating King Donald's Conversion also as a Fable : and thus according to our Proverb , He is content to let a Friend go with a Foe . 8. He complements our Nation in latter Times , to excuse the Injury he does our Kings and Antiquity . 9. He uses the Foreign Authors that should be urg'd for us , to prevent our using of them as proving Arguments against him . 10. Finding that Ireland has been call'd Scotia , he transplants our old Saints thither , and applies to it , all that is said of our Country : nor did ever any Author improve better a pitiful Clinch . 11. He concurs in another design like to this : for , because it could not be deny'd that Fergus was our first King ; all the Citations for proving this , are therefore apply'd to Fergus the Second , and not to Fergus the First . Lastly ; Whereas Cambden and Arch-bishop Vsher speak doubtingly of their own Arguments ; the Bishop of St. Asaph fearing that his Reader could not be convinc'd , of what himself was not , he therefore proposesall these Arguments , with a confidence , which would seem to argue that full conviction in himself , which he wishes in others . If any Person then would know how that Scotland , which was but a small Colony , grew up to a Kingdom that deserv'd so well : my thoughts of this are , that , 1. The constant defence that we were oblig'd to make against the Romans and Britons at first , and English thereafter , Nations wise , brave , and polish'd , living in the same Isle with us , and the Picts within us , did force us to think and fight ; and the observing the Actions & Conduct of such Enemies could not leave the observers rude or ignorant : and it 's like that the Glory of such Noble Adversaries , rais'd our Wit and Courage above the pitch of a Northen and confin'd Nation . 2. Our Country having had the happiness to stop the Roman Conquest , this gave Strangers a value for us ; and therefore when any of the gallant Britons scorn'd to submit to the slavery and drudgery of a Conquest , they fled unto us from the Romans , Saxons , Danes , and Normans ; and being passionate lovers of Liberty , they animated us by their Assistance and Example . This likewise brought in brave Strangers amongst us , as all gallant Spirits did lately run to Holland in its first rise : and ( as our Historians probably relate ) very many of those return'd with Fergus the Second from the Wars in Italy , whither that generous young Prince went to assist Alarick against the Romans , in a just resentment of the injury done by them to his Predecessors , and with whom he was present at the sacking of Rome . 3. We have been very happy in so Heroick and Wife a Race of Kings , whose Blood being refin'd by a long Royal Descent , hath been thereby purifiy'd from all meanness , and elevated to that Love for glory , which is ordinary in those , who never knew what it was to obey . 4. Our Country having entered early into a remarkable League with France , in the Reign of Charle-Maigne ; our Country-men got excellent Breeding , under so Wise and Valiant a Prince ; and have ever since , by being constantly employed in the French , and other Wars , attain'd to a degree of Merit , beyond what was to be expected in this Climate . 5. Our Country having neither Bogs nor Fogs , our Ground being Rocky and Gravelly , and our Air fann'd by Winds ; this preserves us from the dulness and phlegm of the Northern Climats ; and the want of that superfluous Plenty , and bewitching Pleasure , which softned even Hannibal when he came to Capua , preserves us against the Delicacy and Effeminateness of Southern Nations . And whereas ( Heroick Virtue being still attended by Envy ) some in railery pretend , that we were unconquer'd , because we deserv'd not the pains and trouble of a War. I need not seriously answer , what no Historian can urge : For it is ridiculous to think , that the Romans would not have rather conquer'd us , than built two strong and expensive Walls against us , which bounded their Fame , as well as their Conquest . And England hath taken too much pains to gain us , either by Conquest or Alliance , to have undervalued us . And though when we were divided by the differences betwixt the Bruce and Barliol of old , and betwixt the Royalists and Covenanters of late ; the half of our Country having only defended its Liberties , whilst the other half joyn'd with its Enemies ; we were rather betray'd than overcome : And yet we soon recovered our former Liberty . Albeit , to be overcome by England had been no great affront to us : England being a greater and richer Nation than we are . And therefore I hope , all honest Men will , with Judicious Samuel Daniel in his History , at the Year 1296 , confess , that it had been a pity , we had not had a better Country , to be the Theatre of so many worthy and heroick Actions . Having thus clear'd how our Nation arriv'd at its present consistence , I am to finish this Discourse , with a representation of the many Rights which our Kings have to the Imperial Throne of these Kingdoms ; and to show how they succeed to all who ever pretended to Monarchy in any of them . As to the British part of the Isle , Aurelius Ambrosius was , by common consent , chosen sole Prince of all the Britons : And he had no other Succession , save two Daughters , Anna married to the King of the Picts , and Ada married to the King of the Scots . Mordredus King of the Picts , Grand-child to the foresaid Aurelius , finding himself debarr'd from the Succession of the British Crown , employ'd the Scots , who fought for him against the Britons . But the Britons having called in the Saxons , after a bloody Battel , both Parties were forced to withdraw ; and the King of the Picts was induc'd to desist from his Pretentions at that time . But thereafter Hungus , King of the Picts , and the direct Heir of the same Mordredus , and consequently of Ambrosius King of the Britons , gave his Sister Fergusiana to Achaius King of the Scots ; and in her Right , Alpin King of Scotland succeeded both to the British and Pictish Crowns ; Hungus having died without any Children , Kenneth the 2d , Son to Alpin , was forc'd to conquer the Picts , who refus'd unjustly to receive him as their lawful King. Our Kings are likewise Lineal Heirs of the Danish-Race , who were Kings of England for 27 , or as others say , 29 Years ; they being the only Lineal Successors of Canutus King of the Danes in Britain : for Margaret , Wife to King Malcolm the 3d , was Sister to Edgar , which Edgar was Grand-child to St. Edward , who was Brother to Hardiknut , Son to Canutus . After this the Kingdom of England return'd to the old Stock in King Edward's Time ; to whom succeeded Edgar , whose Sister the pious Queen Margaret married King Malcolm the 3d of Scotland , by whom he came to have right to the Crown of England ; there being none extant of the old Royal-Saxon-Line besides her self : And with her came very many of the Nobility , who fled from William the Conquerour , after he conquer'd England , and with whom King Malcolm would not make Peace , till such of them as resolved to return were restored to their Estates . The next Royal-Race which flourished in England , was the Norman : and to that Race our Kings succeeded thus . The Line of William the Conqueror was branch'd out in the Houses of Lancaster and York . To the House of Lancaster , they succeed as Heirs by the marriage betwixt Ioan Daughter to the Duke of Somerset , and undoubted Successor of the Family of Lancaster . And to both Lancaster and York they succeed , by being Heirs to Henry the 7th ; in whom these Successions were again happily reconcil'd ; he having married Elizabeth eldest Daughter to Edward the 4th , who had transferred the Succession of the Crown from the House of Lancaster , to that of York , or at least had united the two in one . For clearing whereof , it is fit to know , that Henry the 7th had only four Children , Arthur , Henry , Margaret , and Mary . Arthur , and Henry dying without Succession , the Right of the Crown was certainly devolv'd upon the Children of Margaret the Daughter ; who did bear King Iames the 5th , in a first Marriage with King Iames the 4th ; and Margaret Dowglas , by a second Marriage with the Earl of Angus : which Margaret being married to Matthew Earl of Lenox , had two Sons ; the eldest whereof was Henry , who thereafter married Queen Mary Daughter to King Iames the 5th ; and begot upon her King Iames the 6th : and thus King Iames the 6th was upon all sides Heir to William the Conquerour , and to Henry the 7th . The Histories also of both Nations confess , that our King is the undoubted Successor of the Blood-Royal of Wales : for Walter Stuart , from whom our Kings are descended , was Grand-Child to the King of Wales , by his Daughter , * who married Fleanchus Son to † Banqhuo : and Henry the 7th ( to whom King Iames the 6th was the true Successor ) was also the righteous Heir of Cadwallader the last Prince of Wales . The Histories both of Scotland and Ireland do acknowledg , that our Kings are undoubtedly descended from the Royal Race of the Kings of Ireland ; and all the debate that can be , is only whether they be desended from King Ferquhard , Father to King Fergus the first , or from Eeric Father to King Fergus the second ; or from some other Irish Kings , as Vsher pretends . From all which I may draw two Conclusions ; First , that God has , from an extraordinary kindness to those Kingdoms , lodged in the Person of our present Soveraign , King Iames the 7th ( whom GOD Almighty long preseve ) all those opposite , and different Rights , by which our Peace might have been formerly disturb'd . 2. That His Majesty who now Reigns , has deriv'd from His Royal Ancestors , a just and legal Right by Law , to all those Crowns , without needing to found upon the Right of Conquest : so that the very endeavour , to exclude him from all those Legal Rights , by Arbitrary Insolence , under a Mask of Law , was the height of Injustice , as well as Imprudence . FINIS . BOOKS Printed for , and Sold by RICHARD CHISWELL . FOLIO . SPeed's Maps and Geography of Great Britain and Ireland , and of Foreign Parts . Dr. Cave's Lives of the Primitive Fathers , in 2 Vol. Dr. Cary's Chronological Account of Ancient Time. Bp Wilkins real Character , or Philosophical Language . 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Notes, typically marginal, from the original text Notes for div A50493-e140 V. The last four pages of the Book . * His own word . Notes for div A50493-e480 * Ja. 6. Par. 20. c. 9. * Pag. 169 , 170. 171. * See his late Book , entituled , Les pretendus reformees convanious du Schism , p. 547. 548 , 549 , 550. * Pag. 89. † Pag. 72 , 73. * Pag. 2. * Acts 24. 12. Notes for div A50493-e2040 SECT . 1. What Proofs are necessary in History . * Rarae per eadem tempora literae f●ere una custodia fidelis memoriae rerum g●starum : & quod etiamsi quae in commentariis Pontificum , aliisque publicis privatisque erant Monumentis , incensa urbe pleraque periere . Liv. I●it . lib. 6. † Vossius de Hist. Lat. lib. 1. cap. 44. & lib. 2. * Lib. 1. against Appion . * Brittann . cap. Scoti passim , but especially Pag. 242. These are the Points , I say , which I would wish the Scotish Men diligently to think upon ; but let them remember , that in the mean time , I have affirm'd nothing , but only given an inkling of certain things , which may seem in some sort material , whence if the Original of the Scots have received no Light , let them seek it elsewhere ; and I have in vain searched , but with that circumspect care , that I hope I have not given the least offence to any whatsoever . † Praefat. de primord . Eccl. Brit. In nostra autem ex omni Scriptorum genere promiscue congesta farragine , siquis obscuriorum Authorum citata mirabitur testimonia ; Cogitare illum velim , aliud esse Historiam scribere aliud materiam hinc inde conve●ere , unde delectu adhibito , &c. SECT . 2. What Proofs we can adduce for our History , and first of our Tradition . * Disciplina in Britannia Reperta , atque inde in Galliam translata esse existimatur : Caes. Bell. Gall. Lib. 6. multa de ex eorum motu , de mundi ac terrarum magnitudine de rerum natura , de Deorum immortalium vi & potestate disputant & juventute tradunt . Ibid. Cum in publicis rationibus & privivatis , Graecis literis utantur . Ibid. By publicae rationes , are probably meant their Histories , at least it is most reasonable to think , that since they had the use of Letters , they would have written Histories , or some short Memorials . * Pag. 96. Edit . Casaubon . * Pag. 71. SECT . 3. Proofs from Manuscripts and Records . * Beda passim . † Lib. 4. cap. 26. * Pag. 229. * Pag. 13. * Pag. 24. † Pag. 94. * Pag. 95 , & 96. * Part Post. † Pag. 100 , & pag. 460. * Et Lib. 7. * Asservantur in arcanis templi armariis vetustissimorum Annalium Codices atque item latae membranae , ipsorum Regum subscriptae manibus aureisque vel cereis sigillorum imaginibus obsignatae ; quibus antiquae leges edictaque & finium ac Civitatum Iura publica continentur . * Pag. 38. Pref. † Lib. 7. * Pag. 26. Pref. * Vicfort memoirs des Ambassadeurs . * Pref. new Translat . of Plutarch's Lives . * Pag. 30. Pref. * Ia quibus scribendis ne Historia lex violaretur , illae quae prius scripta sunt , non solum exegimus ad veritatem annalium , qui in publico Regni nostri archivo , aliisque antiquissimis codicibus quos majores nostri Pasleti , Sconae , ac in aliis Monasteriis religiose servarunt , continebantur . Lesl. paraen . ad nobil . populumque Scot. Pag. 29. * Pag. 153. * De Hist. Lat. pag. 4. SECT . 4. The other Historians of this Isle cited against us , examined . * Orig. Sac. p. 114. Sect. 5. * Pag. 16. * Cap. 3. as cited by S. Asaph , pag. 14. Pref. * Pag. 2. * Pag. 16. * Bal. Pref. part post . † De excid . Brit. * Cap. 1. Beda . * St. Asaph , p. 10. * Lib. 2. Descript . Britan. cap. 8. & 9. * Girald . Camb. Distinct. 3. cap. 7. * Vita St. Pat. Cap. 5. † Vita Columb . Adamn . lib. 3. c. 16. * De Eccl. Brit. primord . p. 587. * Cap. 137. * Pag. 160. * De Primord . pag. 611. * Pag. 62. † Cap. Scoti . * Cap. 1. * Camb. Cap. Pict . * De Primord . cap. 11. init . * Cap. 1. † Cap. 1. Sect. 12 , & 13. ‖ Cap. Pict . * Quinque gentium linguis unam eandemque summoe veritatis , & verae sublimitatis scientiam scrutatur , confitetur Anglorum , viz. Britonum , Scotorum , &c. Bed. l. 1. cap. 1. Eccl. Hist. * Verum eadem Britannia Romanis usque ad Caium Jul. Caes. inaccessa atque in cognita fuit Beda Hist. Eccles. l. 1. cap. 2. * Verum eadem Britannia Romanis usque ad Caium Julius Caes. inaccessa atque incognita fuit . Beda Eccles . Hist. l. 1. cap. 2. * Bed. lib. 1. cap. 5. Eccl. Hist. Itaque Severus magnam fossam firmissimumque vallum crebris in super turribus communitum a mari ad mare duxit . † Bed. lib. 1. cap. 12. Eccl. Hist. Denique subito duabus gentibus transmarinis vehementer saevis , Scotorum a circio , Pictorum ab Aquilone multos stupet gemitque per annos . ‖ Transmarinas autem diicimus ●as gentes , non quod exraa Britanniam essent positae , sed quia a parte Britonum erant remotae , duobus finibus marl interjacentibus , quorum unus ab orientali mari , alter ab occidentali , Britanniae terras longe lateque irrumpit quamvis ad se invicem pertinere possunt . * Cap. 1. * Pag. 120. ●um . edit . Heidelberg . SECT . 5. Proofs from Foreign Authors . Eumenius . * Pag. 258. * Pag. 11. * In not . in lib. 4. Tibull . * Pag. 11. * Pag. 37. * Pag. 12. * Pag. ibia . * Sect. 5 , 6. cap. 1. * Guidus pancirollus coment . ad notitiam imperii occident . p. 159. where he cites for this Dion . Eusebius & Spartianus , and says that Caledonia apud eos nunc Scotia dicitur Dion . in vita Severi Imp. Anno 207 , Berg●●r l. 1. c. 10. * Pag. 248. Edit . Plantin . Redactum ad paludes suas Scotum . * Lib. 10. Epig. 44. * Comment . ad vitam Agricolae . * Lib. 1. cap. 10. numb . 9. Prince des Caledoniens . ou Escossois . * Petruccio Vbaldini , also in descritt . dela Scotia , p. 4. & 5. asserts the Scots to be Caledonians . * Tit. vit . Agric . c. 22. Tertius expeditionis annus novas gentes aperuit : vastatis usque ad Tuam ( aestuarit nomen est ) nationibus Agricola in fines Horestorum exercitum deducit : ibi acceptis obsidibus praefecto Classis 〈◊〉 Britanniam praecepit , &c. * Lex . Geograph . verb. Horresti . SENEC A. * Scalig. ad lib. 4. Tibul. ad . Messal . And in his Notes on Eusebius ad Annum MMLX , Where there is a most learned and full proof of our Antiquity , too long to be inserted here , and too learn'd to be answered by any Adversary . * Ovid. Salmas● in Solin . * Cap. p. 723. de primord . * C. 16. p. 728. * Bed. Eccles. Hist. l. 1. c. 12. * Gesner in verb. Sidonius . * Pag. 8. * Lib. 1. cap. 1. * Lib. 1. cap. 1. Hegesippus de excidio Hierosol . 5. Cap. 15. Quid vobis cum victoribus universae terrae ? quibus secreta Oceani , & extrema Indiae parent . Quid attexam Britannias interfuso mari toto orbe divisas , & à Romanis in orbem terrarum redactas . Tremit hos Scotia qua terris nihil debet . * P. 726 , & 727. Ad quos cum venisses dua exercitus Romani , opposuerant se il●i , nec voluerunt ei subditi esse : Cum autem Reges Romanorum venerunt , subegerunt eos ut servirent ipsis . * Vid. cap. 27. l. 4. Euseb. Eccl. Hist. * Tertullian . * Tertul. l. advers . Iudeos , c. 7. Et Britannorum Romanis in accessa loca , Christo vero subdita : which Baronius applys to us , Tom. 5. p. 537. St. Asaph . Pres. pag. 2. * Ammianus l. 20 Consulatu vero Constantii decies terque Juliani in Britanniis cum Scotorum Pictorumque Gentium ferarum excursu rupta quiete condicta loca limitibus vicina vastarentur , & implicaret formido provincias praeteritarum cladium congerie fessas . * Lib. 2. ad Jovian . * C. 16. p. 728. de Primord . * Quid loquar de caeteris nationibus , cum ipse adolescentulis in Gallia , Scotos Gentem Britannicam humanis vesci carnibus . Vidi l. 2. ad Jov. † Pref. L. in Iren. * Tom. 5. p. 537. * Epiphanius in auchorato . P. 117. ad par . Britanni , Scoti , quorum insula est Britannia . * Receptam partem insulae à caeteris indomitis gentibus vallo distinguendam putavit . * Cap. 5 , & 12. SECT . 6. Proofs from Reason . * Pag. 352. * Pag. 16. desc . Brit. † In initio . ‖ Pag. 6. * Aeneid . l. 9. c. 1. * Buchan . p. 128. * Pag. 37. * Chambers particularly , p. 9 , & 96 ; also from p. 229 to the end of the Treatise . * Scotorum quoque reges sic habuit ad suam voluntatem , per suam munificentiam inclinatos , ut eum nunquam aliter quam dominum pronunciarent : extant epistolae ab iis ad eum missae , quibus hujusmodi affectus eorum erga illum judicatur . Aeginard . vita Caroli magni ad annum 791. † Lib. 5. pag. 80. Aeginard . Secretary to Charle-maigne , maketh an enumeration of strange Princes , who imbrac'd the Amity of that puissant Monarch . The Emperors of Constantinople , Persia ; the Kings of India and Gallicia , with the Kings of Scotland . Favin . l. 5. p. 8. The Scots joyful of this Alliance , as the most famous in Christendom , delegated for their Ambassours , William Brother to their King Achatus , assisted with the counsel of four Persons , renown'd for Learning , Clemens , Ioannes , Rabanus , and Alcuinus , with 4000 Men of War sent to the succour of Charle-maigne . The two worthy Doctors who staid with Charle-maign at Paris and Padua , were Iohn sirnam'd Scotus , a Scottish-man , both by Nation and Sirname , and Claudius Clemens . ‖ Paulus Aemilius in vita Caroli magni . Caeterum ut paulatim extingueret Saxonum nomen ; honores magistratusque gentibus aliegiuis & in primis Scotis mandabat , quorum egregia fide virtuteque utebatur . * Pag. 34 , & 38. Vid. Sansovino delle origine delle Case illustri d' Italici . p. 111. Edit . in 40. An. 1609. * Nella Cr●nica di piacenza . * Lesl. pag. 80 , Buchan . p. 97. * I●sl . p. 188. Buchan . p. 190. * Lib. 2. ad Iovianum , who seems to point at this , when he says , that Scoti nullas proprias habens uxoret . * Solin . cap. 25. de Britannia . * Lib. 1. c. 13. * Tom. 5. edit . col . p. 586 , & 589. num . 5. Qui igitur Evangelium primo à victore Pontifice maxim● accepere , & à Celestino Papa primum Episcopum , à quo sunt omnes pe●itus redditi Christiani , eate●us Christi gratia pro●ecere , qui oli● gentilitio ritu viventes , ob feriaos mores , ut portentum ostentui erant humano generi praestantissi●i eveneri●t Christiani , &c. † Num. 4. ‖ Quia Victore Romano Pontifice , Scotos evangelium accepisse , majorum traditione scripsere , haud sunt refellendi . * Usher . p. 79● de prim . * Lib. 1. c. 12. ac Tusculani , &c. L. 4. c. 26. Eccl. * Stat. 6. * Pag. 340. * Edit . Basil. 1624. 2d . Cent. p. 1. * Pag. 162. * Lib. 3. * Pag. 28 , & 58. * Pag. in Euseb . SECT . 7. Answers to the Bishop's Objections . * De Hist. La● . p. 4. * Cap. 30 , & 37. ● 1. * Bed. Ec. Hist. lib. 1. cap. 1. * St. Asaph , p. 45. * Pag. 46. * Pag. 8. * Pag. 42. * Cap. 1. Paragraph 2 , 3 , and 12. * Pag. 156. * Pag. 83. * 〈…〉 Bassianus Caracalla , qui 〈◊〉 non pa●cis 〈◊〉 Severo 〈…〉 l. 2. c. 45. * Vid. Instit. ad Senatus . Co● . Trebell . * Ptolom . Geog. lib. 2. cap. 2. † P. 722 , 723 , and particularly 724. Hanc insulam Britannidem olim à Julio Caesare vocatam Fabius Ethelwardus haud recte retulit : non alio enim quam Hiberniae nomine , à Caesare , uti post eum à Plinio , Solino , & Tacito illam invenimus . * P. 725 , 726 , 727 , 728. † Cap. 1. §. 4. * Beda l. 1. c. 1. † Tacit. in vita Agricol . * Pag. 117 , 118. inter Orthodoxogr . * Pag. 347. Edit . Basu . * Lib. 1. cap. 1. * Lib. 14. cap. d● insulis . * Cap. 1. lib. 1. * Cujac . lib. 14. Obs. 12. & ad legem 6. parag . gramatici ff . de excus . mum . * Ecgfridus Rex Nordanhumbrorum misso in Hiberniam cum exercitu duce Berto , vastavit misere gentem innoxiam & Anglorum genti semper amicissimam . Bed. Hist. Eccl. lib. 4. cap. 26. * Ne Scotiam nihil se Laedentem impugnaret . I id . † Angli & Scoti qui extant in Britannia . Ibid. * Columbanus qui anno incarnationis 565. Abbas & Presbyter venit de Hibernia in Britanniam praedicaturus Verbum Dei provinciis septentrionalium Pictorum . Et gentem illam convertit , Vnde & praefatam insulam ab eis in possessionem monasterii faciendi accepit ; ubi sepultus est . Ex quo Monasterio , & Monasterio de Daermach perplurima Monasteria propagata sunt in Hibernia & Britannia , in quibus omnibus idem Monasterium insulanum , principatum tenet . Bed. lib. 3. cap. 4. * Ab hac ergo insula , ad Provinciam Anglorum instituendam in Christo , missus est Aidanus . Lib. 3. c. 5. † Aidanus de insula quae vocatur Hy destinatus , quae arcem tenet monasteriorum Scotorum & Pictorum , & ad jus Britanniae pertinet . l. 3. c. 3. * Colman videns spretam suam doctrinam , sectamque esse despectam ; Scotiam regressus est . l. 3. c. 26. * Cap. 4. † Ibid. * Ibid. † Cap. 3. * Cap. 26. * Haec autem plaga Hiberniam insulam , pariclade premebat : Erant ibidem eodem tempore multi Nobilium simul & mediocrium de gente Anglorum , qui tempore Finani & Colmanni Episcoporum , relictâ insulâ patriâ , vel divinae lectionis , vel continentioris vitae gratiâ , illò secesserunt . — Quos omnes Scoti libentissime suspicientes victum eis quotidianum sine praetio , libros quoque ad legendum , & magisterium gratuitum praebere c●rabant . l. 3. c. 27. † Vnde & genti suae , & illis in quibus exulabat nationibus Scororum sive Pictorum exemplo fuit . Ibid. * Cap. 5. generally , and specially , p. 109. † Lib. 3. cap. 3. & ad jus Britanniae pertinet . * Buch. p. 152. * Columba fundator monasterii quod in Hy ins●la , venerabile Scotis & Pictis , & composito nomine à Cellà & Columbâ Collum-celli vocatur . lib. 5. c. 10. * Bed. l. 1. c. 12. * Dominis Charissimis fratribus Episcopis vel Abbatibus per universam Scotiam Laurentius Mellitus , & Justus , Episcopi servi servorum Dei. Dum nos Sedes Apostolica more suo , sicut in universo orbe terrarum , in his occiduis partibus ad predicandum gentibus Paganis dirigeret , atque in hanc insulā , qua Britannia nuncupatur , contigit introisse , antequam cognosceremus credentes , quod juxta morem universalis Ecclesiae ingrederentur , in magna reverentia sanctitatis tam Britones quam Scotos venerati sumus . Sed cognoscentes Britones , Scotos meliores putavimus . Scotos vero per Dagamum Episcopum in hanc quam superius memoravimus insulam , & Columbanum Abbatum in Galliis venientem , nihil discrepare à Britonibus in eorum conversatione didicimus . Nam Dagamus Episcopus ad nos veniens , non solum cibum nobiscum , sed nec in eodem hospitio quo vescebamur sumere voluit . Bed. lib. 2. cap. 14. * In Append. ad l. 3. p. 231. And it is observable that Marianus , p. 175 makes mention of other two Letters , in the Year 632. The one from Honorius , and the other from Pope Iohn , upon the same head : both which Marianus says , were sent to us , and not to the Irish . * Dices in Martyrologio Romano vulgari legi ad diem 16. Decembris , Aberdone in Hibernia S. Beani Episcopi : Abredonensis autem sedes Episcopalis est in Scotia Britannica : Ergo vel in hac est , vel hac aliquando fuit Hibernia . pag. 379. Ad nugatorium ergo Sophisma distinguo Minorem : Abredonensis , locus dequo Martyrologium agit , est in Britannia , Nego Minorem : alius ejusdem nominis , transeat . Vel absolute , Nego Consequentiam , ob fallaciam figurae dictionis ; ut h●nc , Omnis Canis est latrabilis ; sed sidus est canis ; Ergo sidus est latrabile , &c. pag. 380. * Ceollach de Natione Scotorum , qui non multo post Episcopatu● relicto reversus est ad insulam Hy , ubi plurimorum caput & arcem Scoti habuere caenobiorum . Bed. l. 3. c. 21. † Ceollach qui relicto Episcopatus officio vivens ad Scotiam rediit . Bed. l. 3. c. 24. * Adamnanus Presbyter & Abbas Monachiorum qui erant in insula Hy. Bed. l. 5. c. 16. † Adamnanus reversus ad Scotiam . Bed. l. 5. c. 22. * Cap. 1. §. 9 ▪ * Cap. 5. §. 4 ▪ 5 , 6 , 7 , 8. * Pag. 734. * Pag. 734. * Pag. 724 , & 737. * Quod praeter Reges minoris Scotiae , qui omnes de nostra majore Scotia originem sumpsero . † Conventus Scotorum & Hibernorum de majore Scotia Monasterii ia Ratisbona . * Brianus Rex Hiberniae necatur . pag. 423. † Moelcolium Rex Scotiae obiit , Donchad filius filiae ejus sibi successit . pag. 424. * Donchad Rex Scotiae occiditur & Mefinlaech successit in Regnum ejus . p. 425. † Pag. 427. * Mackbeth . * Appen . ad l. 3. * Lib. 1. p. 17. Verum à quo primum initio Scotiae nomen sit tractum , nondum plane perspectum video . * Quantae circumscriptis Wallia & Scotia potior insula Britannicae pars Regibusque antiquis appropriata . pag. 223. † Scotia quoque pars Insulae Britannic● dicitur Aquilonaris . p. 245. * Specificato vocabulo gens Scotica appellatur . cap. 19. Pag. 789. † Pag. 187. Cent. 14. * Pag. 210. Cent. 14. * Pag. 789. * Ad Scotos in Christum credentes ordinatus à Papa Caelestino Palladius primus Episcopus missus est . Post ipsum Sanctus Patricius consecratus & ad Archiepiscopum Hibernensem mittitur , & totam insulam Hiberniam convertit ad fidem . pag. 340. * Artic. 4. & pag. 281. * Lesl. in vita Dav. 2. † Baker , p. 159. Edit . 1643. 
A50800	----	An appendix to the history of the Church of Scotland containing the succession of the archbishops and bishops in their several sees from the reformation of the religion until the year 1676, as also the several orders of monks and friers &c. in Scotland before the Reformation : with the foundation of the universities and colledges, their benefactours, principals, professours of divinity and present masters : and an account of the government, laws and constitution of the Kingdom. Middleton, Thomas, 17th cent. 1677 Approx. 225 KB of XML-encoded text transcribed from 29 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A50800 Wing M1990 ESTC R29541 11168754 ocm 11168754 46492 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50800) Transcribed from: (Early English Books Online ; image set 46492) Images scanned from microfilm: (Early English books, 1641-1700 ; 1426:16) An appendix to the history of the Church of Scotland containing the succession of the archbishops and bishops in their several sees from the reformation of the religion until the year 1676, as also the several orders of monks and friers &c. in Scotland before the Reformation : with the foundation of the universities and colledges, their benefactours, principals, professours of divinity and present masters : and an account of the government, laws and constitution of the Kingdom. Middleton, Thomas, 17th cent. [4], 47 p. Printed by E. Flesher for R. Royston ..., London : MDCLXXVII [i.e. 1677] Preface signed: Thomas Middleton. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Scotland -- History. 2005-06 TCP Assigned for keying and markup 2006-01 SPi Global Keyed and coded from ProQuest page images 2006-03 Emma (Leeson) Huber Sampled and proofread 2006-12 SPi Global Rekeyed and resubmitted 2007-01 Emma (Leeson) Huber Sampled and proofread 2007-01 Emma (Leeson) Huber Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion AN APPENDIX TO THE HISTORY OF The Church of Scotland . AN APPENDIX TO THE HISTORY OF The Church of Scotland ; CONTAINING The Succession of the ARCHBISHOPS and BISHOPS in their several Sees , from the Reformation of Religion , until the year 1676. AS ALSO The several Orders of MONKS and FRIERS , &c. in Scotland , before the Reformation : WITH The Foundation of the VNIVERSITIES and COLLEDGES , their Benefactours , Principals , Professours of Divinity , and present Masters : AND An Account of the GOVERNMENT , LAWS and CONSTITVTION of the Kingdom . LONDON , Printed by E. Flesher , for R. Royston , Bookseller to the KING 's most Sacred MAJESTY , Anno Domini MDCLXXVII . THE PREFACE . I May be justly ashamed to appear in print near so great an Authour , whose Work is received and entertained with such universal Applause , that it comes to be reckoned among the Patterns of Historie . But many do still complain of one Defect , that his Historie being written chiefly for his own Countrie , those things that relate to the Constitution and Government there , are rather hinted , and supposed to be understood , then fully opened . This has made many desire a clear Account of those things ; and the Humour of writing the present State of Kingdoms being now common to most Nations , many have wished to see the present State of Scotland . Therefore the quick Sale of this excellent Historie encouraging the Bookseller to give the World a Fourth Edition of it , he was earnest with me , to write such an Appendix to it as might adde somewhat to its value and sale . He was importunate to find out one who would write a Continuation to it : but I knew well , that both my Abilities in writing and my Informations were too defective to adventure on such a Work. And the Bookseller receiving a full satisfaction to his design in the Memoires of the Duke of Hamilton , ( from which , though it be not a full History of all that passed , yet it is hoped the World will receive more light about the late Troubles then has been yet published , ) there remained nothing to be done , but to give the Succession of the Bishops from the time where the former History ends , with the Account of Religious Orders and Houses , the Foundations of the Universities , and the Learned Men that flourished in them , together with the true State of that Kingdom in its Government , Laws , and Supreme Courts . Which I have endeavoured to doe as fully as seemed needfull . I did not adventure on so hardy a Work without communicating it to Learned and knowing Persons , by whose directions I have now finished these Sheets . I have long searched into those things , and have used all the endeavours that were possible , to get any Mistakes that might have crept in with such a variety of Informations rectified : so that I am very confident there are no considerable Errours in matters of fact in the Account that follows . I once intended to have published a Collection I have made of the Noble Families in Scotland : But hearing there was a Person of Quality ingaged in it , who intends to write from very authentical grounds an Account of the Nobility and Gentry of Scotland , I have stifled that part of my Collection . If my Style or way of writing be not according to what the Reader expects ; as I need great Allowances for my Defects , so I know upon what Disadvantages I appear after such a Grave and Masculine Writer . So that , as when one comes out of a very lightsom place , where his Eyes were filled with Brightness , into a darker Room , it appears quite dark unto him ; I have no reason to wonder , if after so clear a Light , all my Informations look like Night and Darkness . THOMAS MIDDLETON . I May be justly ashamed to appear in print near so great an Authour , whose Work is received and entertained with such universal Applause , that it comes to be reckoned among the Patterns of History . But many do still complain of one Defect , that his History being written chiefly for his own Country , those things that relate to the Constitution and Government there , are rather hinted , and supposed to be understood , then fully opened . This has made many desire a clear Account of those things ; and the Humour of writing the present State of Kingdoms being now common to most Nations , many have wished to see the present State of Scotland . Therefore the quick Sale of this excellent History encouraging the Bookseller to give the World a Fourth Edition of it , he was earnest with me , to write such an Appendix to it as might adde somewhat to its value and sale . He was importunate to find out one who would write a Continuation to it : but I knew well , that both my Abilities in writing and my Informations were too defective to adventure on such a Work : therefore all that I could undertake was onely to give the Succession of the Bishops from the time where the former History ends , with the Account of Religious Orders and Houses , the Foundations of the Universities , and the Learned Men that flourished in them , together with the true State of that Kingdom in its Government , Laws , and Supreme Courts . Which I have endeavoured to doe as fully as seemed needfull . I did not adventure on so hardy a Work without communicating it to Learned and knowing Persons , by whose directions I have now finished these Sheets . I have long searched into those things , and have used all the endeavours that were possible , to get any Mistakes that might have crept in with such a variety of Informations rectified : so that I am very confident there are no considerable Errours in matters of fact in the Account that follows . If my Style or way of writing be not according to what the Reader expects ; as I need great Allowances for my Defects , so I know upon what disadvantages I appear after such a grave and Masculine Writer . So that , as when one comes out of a very lightsome place , where his Eyes were filled with Brightness , into a darker Room , it appears quite dark unto him ; I have no reason to wonder , if after so clear a Light , all my Informations look like Night and Darkness . THE CONTENTS . A List of the KINGS NOBILITY ARCH-BISHOPS and BISHOPS of Scotland . The First CHAPTER Containeth The Succession of the Archbishops and Bishops , in their several Sees , from the Reformation of Religion , to the year 1676. The Second CHAPTER Containeth The several Orders of Monks and Friers and other Religious persons that were in SCOTLAND , with a Catalogue of their Convents and Founders . The Third CHAPTER Containeth The Erection of Vniversities , the Foundation of Colledges , with a Catalogue of the Benefactours , Principals , Professours of Divinity , present Masters and Professours therein , and Learned Writers . The Fourth CHAPTER Containeth An Account of the Government , Laws and Constitution of the Kingdom ; with a Catalogue of the Peers , Shires , Burroughs , Lords of His Majestie 's Privy Council , Senatours of the Colledge of Justice , Officers of State , &c. Whereunto is added A Catalogue of the Lord Chancellours of the Kingdom , Writers of the Scotish History , and High Commissioners . With A compleat Catalogue of all the Arch-bishops and Bishops . AN APPENDIX TO THE HISTORY OF THE Church of Scotland . CHAP. I. Containing the Succession of the BISHOPS , in their several SEES , from the Reformation of Religion , to the year 1676. Archbishops of SAINT ANDREWS . AFTER that Cardinal David Beaton was murthered in his Castle of Saint Andrews by Normand Leslie and his Complices , James Hamilton , Duke of Chattelrault , Governour of the Realm , did nominate his base Brother John Hamilton , Abbot of Pasley , to the place ; who thereupon was elected by the Canons , and soon after confirmed by Pope Paul the Third : who , fearing that Scotland would follow the example of England , in casting off the Yoak of the Roman See , was glad to gratifie the Governour in that particular . About this time , the Estimation of the Clergy began to decrease , because of their corrupt Lives and gross Ignorance ; which induced divers of that number to relinquish their Order , and to make open profession of the Truth : multitudes also of Monks and Friers , leaving their Cloisters , began to exhort the people to renounce the Romish Fopperies and Superstitions , and to submit to the Doctrine of Christ , every-where crying out against the Corruptions of the Church . The Prelates , in stead of composing matters calmly , took the contrary course , exercising great Severity against them , and cruelly burning such of the New Religion ( as they termed it ) as fell into their hands : those who fled they prosecuted with the highest Censures of the Church , Burning them in Effigie , and Cursing them by Book , Bell , and Candle . But all this Cruelty served to no purpose ; for the death of Walter Mill ( who was the last Martyr that suffered for Religion ) was the very bane of Popery in Scotland ; mens minds being now wholly alienated from the Clergy , and their Consciences convinced , that the Doctrine of Jesus Christ did neither allow such cruel Principles , nor countenance such bloudy Practices . To return then to Archbishop John Hamilton , who was attainted of Treason under the Government of the Earl of Murray : He lurked a while amongst his Friends in the West of Scotland ; but finding little security there , he betook himself to the strong Castle of Dumbarton , whereof the Lord Fleming was then Governour . But this Fort be●ng negligently kept , was afterwards surprised by three Companies of Foot sent thither by the Earl of Lennox , then Regent , commanded by three Captains , Ramsay , Crawford , and Hume ; who seising upon the Prisoners , sent them to sundry places , and the Archbishop with a strong Guard to Striveling , where he was publickly hanged on a Gibbet erected for that purpose , 1570. He was the onely Bishop that suffered by form of Justice in this Kingdom . At this time the Rents of this Bishoprick were by the Regent conferred upon the Earl of Morton for some years , as a recompence of his great charges in his Embassy to England . That Earl , that he might enjoy them legally , made choice of John Douglas , Provost of the New Colledge of Saint Andrews , ( before a Carmelite Frier , and Chaplain to the Earl of Argile , ) to be Titular Bishop ; who was , with much opposition of the Presbytery , ( for at that time there was no Chapter , ) admitted and installed , 1572. This Bishop sate little above two years , and died at Saint Andrews , 1575. After his death , the Earl of Morton , then Regent , did prefer Patrick Adamson , his Chaplain , to the Bishoprick of Saint Andrews . This Bishop was sorely vexed by those of the Kirk-party , who prosecuted him with the highest Censures of their Church , and excommunicated him ( very informally ) for not submitting to their Judicatory : but the business was afterwards compounded , and the Bishop relaxed . He was a man of great Learning , but an ill Administratour of the Churche's Patrimony . He sate fifteen years , and died at Saint Andrews , 1591. Hereupon the See continued void , and the Profits thereof were by King James the Sixth bestowed on the Duke of Lennox , till the Parliament 1606. wherein the Temporalties of Bishopricks ( in former times annexed to the Crown ) were restored ; the want of which had rendered the Bishops of unserviceable both to Church and State. About this time , George Gladstanes , Bishop of Cathnes , was translated to Saint Andrews ; a man of ready utterance , and of great invention , but of an easie nature , as appears by his being induced so easily to lease out his Benefice for so many Ages to come , to the great detriment of his Successours . But in this he was not singular , for the rest of the Clergy , both Papists and Protestants , did let Leases of their Benefices , to their Friends and others , for Hundreds of years , and that for a pitifull pittance . Which Extravagancy was afterwards restrained by the wisedom of King James , when he was of age : for he enacted , That Bishops should let Leases for nineteen years , Rectours , &c. for their Life-time and three years , and other Beneficed persons for their Life-time and three years , with consent of their Patrons . Bishop Gladstanes governed the See ten years , and dying at Saint Andrews 1615. was interred in the South-East Isle of the Parish-Church . Upon his death , John Spotiswood , Archbishop of Glasgow , was translated to Saint Andrews ; who procured to this See ( whose Rents were almost wholly alienated by his Predecessours ) the Revenues of the Priory of Saint Andrews , then in Lay-hands , as also the restauration of three hundred pounds of English money per Annum , of a long time swallowed up in the Crown-rents . The Office of the Chancellary in the State , conferr'd upon him by that Glorious Martyr King CHARLES the First , he discharged to the satisfaction of his Royal Master , and the Churche's advantage . He was a person of rare Endowments , and in all things compleatly qualified for his imployment . Yet did he not escape the hard measure which other Loyal Subjects afterward tasted of ; for by the Covenanters he was forced to retire into England , where he met with entertainment more suitable to his worth . He ended his days in a good old age , and was honourably interred in Westminster-Abby , Anno 1639. after he had governed the See twenty four years . About this time our long Peace , and the Plenty which did accompany it , made us wanton , our Prosperity puft us up with Pride , we were Enemies to our own welfare , weary of our present estate , too much desirous of Revolutions , and greedy of Novelties . Our private Discontents begat Jealousies and Animosities , which ( since they could be no longer smothered ) must needs burst out into a flame . We were afraid of we knew not what ; nothing but the Preservation of Religion must be the Pretext , and the Cloak to cover the Knavery which was afterwards acted : and notwithstanding the Satisfaction given unto us by the Best of Kings , in laying aside the Book of Common-Prayer , Book of Canons , and High Commission ; yet still we continued dissatisfied . All the Favours conferr'd upon us by the Best of Princes could not ingage us to continue in our Duty and Allegeance to Him. All the good fruit we brought forth was , our ingaging in a most desperate and horrible Rebellion , such as former Ages could hardly parallel . Like Aesop's envious Dog , we would neither be at rest our selves , nor suffer our Neighbours , and such who continued firm in their Allegeance to His Majesty , to be at quiet , and live in Peace . Alas ! we metamorphosed our plough-shares into swords ; the Son rose up against the Father , Brother against Brother ; Parishes were divided , Shires went into Factions ; yea , the whole Kingdom was divided against it self , sheathing the Sword in its own bowels . Which way soever we look'd , we saw nothing but that which might consume our eyes , and grieve our hearts . If towards the Church , 't was rent by Schism ; the Bishops , and many of the Reverend Clergy , were thrust out , imprisoned , plundered , and banished ; the House of Prayer made ( in the most literal sense ) a Den of Thieves . If towards the State , we saw the Anointed of the Lord imprisoned , arraigned , and , under colour of Justice , most barbarously murthered , by those who slew him , like the Heir in the Gospel , that they might seise on his Inheritance . Alas ! when Church and State were come to this pass , the case of the poor Land must needs be deplorable . We saw the Loyal Subjects , under the names of Malignants , Traitours , and Rebels , imprisoned , banished , and miserably butchered ; their Estates and Lands forfeited and sold ; their Houses garrisoned , plundered , and burnt ; and their Posterity almost reduced to poverty and misery . Alas ! how quickly did our after-games of Loyalty vanish through our own Divisions ? Was there any possibility of prospering , so long as we continued Traitours to our selves ? When we had almost ruined our selves by our own intestine Divisions , we became a Prey to a Tyrannical Crue of Usurpers : and to compleat our Miseries , our Estates , our Friends , yea our very Consciences groaned under the grievous burthen of that insupportable Yoak , which our own Sins had prepared , and other mens Sins had put on . Nine years did we groan under the Tyranny of these Usurpers ; till it pleased Almighty God to remember us in mercy , and to free us from the House of bondage , blessing us , after so many Calamities and Miseries , with Peace , by the miraculous Restauration of our most Sacred Sovereign to the Throne of His Ancestours ; whom God long preserve , for the Good of this Church and Kingdom . Now the face of Affairs began to change , and His Majesty , that He might settle the Kingdom , summoned his First Parliament to meet at Edinburgh , January the first 1661. giving a Commission under the Great Seal to John Earl of Middleton , to represent His Person therein . In the First Session , the Solemn League and Covenant was condemned , as an unlawfull and wicked Oath , imposed on the Subjects by a prevailing Faction , contrary to Authority ; the pretended Triennial Parliaments from 1640. to 1649. with the Assembly of Glasgow 1638 , &c. were annulled ; the unjust Transactions at Newcastle 1646. and 1647. condemned ; Duke Hamilton's Ingagement 1648. approved ; the pretended Forfeitures of the Marquesses of Huntly and Montross , the Earl of Forth , Barons of Glengarey , Haddo , Dunerub , Delgaty , Harthill , and others , who had suffered for their Loyalty , and all Acts made in prejudice of Lawfull Authority , were rescinded . In the Second Session , the Hierarchy was restored , which had suffered an Eclipse for twenty four years . Dr. James Sharp , Professour of Divinity at Saint Andrews , ( who had been Professour of Philosophy in Saint Leonard's Colledge , ) was preferred Archbishop of Saint Andrews , Primate and Metropolitan of Scotland , who now governs the See. The present Chapter of Saint Andrews ( the old one being dissolved with the Priory in the time of the Reformation ) had its beginning Anno 1606. by Act of Parliament , and consists of the persons following : The Prior of Portmollock , Dean ; The Archdeacon of Saint Andrews ; The Vicar of Saint Andrews ; Couper ; Craill ; Dysert ; Kircaldy ; Pittenweem ; Lewchars ; Kinkell ; Dearsie ; Fordun ; Kennoway ; Merkinch ; Abercromby ; Forgund ; Fowlis ; Rossie ; Balmerino ; Longforgund ; The Vicar of Eglisgreig ; and others , to the number of twenty four . The Cathedral , which was an ancient and magnificent Fabrick , was demolished with the Priory ; since which time the Parish-Church serves for one . The Diocese of Saint Andrews contains the whole Country of Fife , part of Perthshire , and part of Angus and Mernis . The Coat of Arms belonging to the Archiepiscopal See of Saint Andrews , is Saphir , a Saltier ( being the Cross of Saint Andrew the Apostle ) Pearl . Bishops of EDINBVRGH . THE Bishoprick of Edinburgh was founded by King CHARLES the First of glorious Memory , about the year 1633. and by him amply endowed . The first Bishop thereof was William Forbes , Doctour of Divinity , one of the Preachers in Edinburgh , ( before , Principal of the Marischal Colledge of Aberdene , ) a very worthy Person . His Works shew him to have been a man of vast Learning and sound Judgment . He sate but a little while , and died at Edinburgh about the year 1634. Upon his death , David Lindsay , Bishop of Brichen , was translated to Edinburgh . The Fury of the rude Multitude fell heavy upon this Bishop , even to the manifest danger and hazard of his Life , upon the first reading of the Book of Common-Prayer in Edinburgh , July 1637. He was thrust out , with the rest of the Bishops , by the Covenanters , 1638. George Wishart , Doctour of Divinity , was , upon the Restitution of the Hierarchy , Anno 1662. promoted to the Bishoprick of Edinburgh . This worthy man was 1638. Preacher at Leith , and for his Loyalty had very hard measure from the Covenanters , being thrice plundered of all that he had , and thrice imprisoned in a filthy stinking Gaol . But being delivered from thence , he went beyond Sea with the Marquess of Montross 1646. He was a person of great integrity , and well seen in History . Having in his time seen many Changes and Alterations , from better to worse , and from worse to better , he had his Nunc dimittis in peace , at Edinburgh , Anno 1670. Upon his death , Alexander Young , Archdeacon of Saint Andrews , was preferred to the Bishoprick of Edinburgh , who now governs the See. The Cathedral-Church is that of Saint Giles , ( of old a Collegiate Church , ) a vast and magnificent Structure . It is at present divided into four Partitions , three whereof are allotted to God's publick Worship . The Diocese of Edinburgh containeth the Shires of Edinburgh , Linlithgow , and Berwick , the Constabulary of Haddington , and Bailiary of Lawderdail . Bishops of DVNKELD . AFter the death of Bishop Robert Creighton , James Patton was preferred Bishop of Dunkeld , Anno 1572. How long he sate I know not . After whose death , the Bishoprick had one or two Titulars , Lay-men ; but I cannot recover their Names . About the year 1606. James Nicolson , Parson of Meigle , was preferred to the See. To whom succeeded Alexander Lindsay , ( Brother to the Baron of Evelick , ) Rectour of Saint Madoe . This Bishop being threatned with the Censures of the Assembly of Glasgow , did abjure Episcopacy , and submitted to Presbyterian Government , 1639 , and betook himself to the charge of a particular Parish . Anno 1662. George Halyburton , Preacher at Perth , was preferred to the See ; a very worthy person : he sate little above two years . Upon his death , Henry Guthry , Rectour of — was promoted to the Bishoprick of Dunkeld , who died in the year 1676. The Chapter of Dunkeld consists of the persons following : The Rectour of Kinelevin , Dean ; Tibbermure , Cantor ; Couper , Archdeacon ; Lethindy , Chancellour ; Dunkeld , Thesaurer ; The Parson of Rattray , Subdean ; The Rectour of Fungart ; The Parson of Ruffill ; Kepit-mack in Athol ; The Rectour of Inch-mack-grannoch ; Logy-Alachie ; The Parson of Moneidy ; The Rectour of Blair in Athol ; Eliot ; The Prebendary of Fearn ; Menmure ; Aberdaigy . I can give no account of the Cathedral-Church , in what condition it stands at present , seeing I never saw it , nor had any information concerning it . The Diocese of Dunkeld contains the most part of Perthshire , part of Angus , and part of West-Lothian . Bishops of ABERDENE . THE Bishoprick of Aberdene suffered very much by Bishop William Gordon ; for he alienated the Profits thereof , and in a short time brought the Revenues of that See almost to nothing . And indeed this Benefice was at his death scarce worth the accepting . About the year 1579. David Cunninghame , Parson of Saint Nicolas , was preferred to the See. This Bishop was a grave , learned , and wise man ; imployed by King James the Sixth in an Embassy to the King of Denmark , and the Princes of Germany , wherein the Bishop did faithfully discharge his trust , to his great commendation . He died about the year 1603. Unto him succeeded Peter Blackburn , Rectour of Saint Nicolas , who governed the See about twelve years , and dying Anno 1615. was buried in Saint Nicolas Church in New Aberdene . Upon whose death , Alexander Forbes , ( of the House of Ardmurdo , ) Bishop of Cathnes , was translated to Aberdene . He sate little above three years , and dying Anno 1618. was buried in the Cathedral-Church . To him succeeded , upon King James's Nomination , and the Chapter 's Election , Patrick Forbes of Corse . This worthy man , at the earnest importunity of the Bishops of Aberdene and Murray , did enter into Orders in the forty eighth year of his age , An. 1612. and was preferred to the Benefice of Keath in Strath-Yla ; in which station he continued six years : and after the death of Bishop Alexander Forbes , at the importunity both of the Clergy and Laiety , he did accept of the Bishoprick of Aberdene . He was in great esteem and favour with King James and King Charles , being Privy Councellour to both Kings . In his old age he was much troubled with the Palsie . Seventeen years did he faithfully and wisely govern the See , and died in his house in Old Aberdene 1635. in the seventy first year of his age , being interred in the South Isle of the Cathedral-Church , near the Sepulchre of Bishop Gawan Dumbar . His Commentary upon the Revelations , and a Discourse of the Ministerial Office , do shew his Learning and Judgment . Upon his death , Adam Bannatyn , Bishop of Dumblane , was translated to Aberdene , who being thrust out by the Covenanters , retired into England , where he died shortly after . His house in Old Aberdene , for magnificence in all things like a Palace , was plundered by a Regiment of the Covenanters , and afterwards quite demolished by the English Usurpers . Several Learned and Worthy men , in the Diocese of Aberdene , were at this time thrust out of their Livings . The most considerable were , John Forbes of Corse , Doctour and Professour of Divinity in the King's Colledge of Aberdene ; Robert Baron , Doctour and Professour of Divinity in the Marischal Colledge of Aberdene ; William Leslie , Doctour of Divinity , Principal or Warden of the King's Colledge of Aberdene ; Alexander Scroggie , Doctour of Divinity , Minister in Old Aberdene ; Patrick Dune , Doctour of Physick , Principal of the Marischal Colledge of Aberdene ; Alexander Ross , Doctour of Divinity , Parson of Saint Nicolas ; James Sibbald , Doctour of Divinity , Minister in Aberdene ; John Forbes , Parson of Auchterless ; Andrew Logie , Parson of Rayne ; John Ross , Parson of Birse ; John Gregory , Rectour of Drummaok ; John Logie , Rectour of Raphan ; Thomas Thoires , Minister at Vdny . After the Restauration of the Hierarchy , His most Sacred Majesty , King CHARLES the Second , preferr'd David Mitchel ( one of the Prebendaries of Westminster ) to the Bishoprick of Aberdene . This worthy man was Anno 1638. one of the Preachers of Edinburgh ; and being thrust out by the Assembly of Glasgow , retired into England . He lived not a whole year after his Consecration : he died in Old Aberdene , and was interred in the South Isle of the Cathedral-Church , 1663. To him succeeded Alexander Burnet , Rectour of — in the County of Kent ; who sate little above a year , being translated to Glasgow , which was then void by the death of Archbishop Fairfoul . Upon this Translation , Anno 1664. the Reverend Patrick Scougal , Parson of Salton , was promoted to the Bishoprick of Aberdene ; who is yet alive , and governs the See wisely and piously . The Chapter of Aberdene consists of the persons following : Since the Rectory of Saint Machar was annexed to the King's Colledge , the Principal thereof is Dean ; The Parson of Auchterless , Cantor ; Rayne , Archdeacon ; Birse , Chancellour ; Daviot , Thesaurer ; The Rectour of Saint Peters , Subcantor ; The Parson of Kinkell , who is the Patron of seven Churches , Kinkell , Drumblait , Monkeigie , Kintor , Kemnay , Kinnellar , and Dyce ; The Parson of Morthlick ; The Rectour of Monimusk ; Kincairden of Neill ; The Rectour of Turreff ; Belbelvies ; Banchory-Devoneif ; Logie-Buchan ; The Parson of Clatt ; Methlick ; Innernochty ; The Rectour of Coldstane ; The Parson of Oyn ; Crowdan ; Tillinessill ; Forbes ; Phillorth ; Lonmay ; The Prebendary of Deir ; Ellen. The Cathedral of Aberdene , dedicated to Saint Macbar , was founded by Bishop Kinninmouth , who died before the work was raised six cubits high , Anno 1370 , Bishop Leighton , 1430 , built Saint John's Isle , laid the foundation of the great Steeple , and of the two lesser Steeples , and advanced the Fabrick mightily . The Roof was laid on , and the Floor paved with free-stone , by Bishop Lindsay , Anno 1445. Bishop Spence adorned the Chancel with many brave Ornaments 1460. Bishop Elphingston did perfect the great Steeple , ( which was a mark for Sailours in those days , ) and furnished it with costly and tunable Bells , 1489. Bishop Dumbar did perfect the two lesser Steeples , cieled the Church , and built the South-Isle , 1522. And his Successour , Bishop Stewart , built the Consistory-house Anno 1539. This glorious Structure ( being near ninescore years in building ) did not remain twentie years in its integrity , when it was almost ruined by a Crue of sacrilegious Church-robbers : for Anno 1560. the Barons of Mernis , accompanied with some of the Towns-men of Aberdene , having demolished the Monasteries of the Black and Gray Friers , fell to rob the Cathedral , which they spoiled of all its costly Ornaments and Jewels , and demolished the Chancel . Having shipped the Lead , Bells , and other Utensils , intending to expose them to sale in Holland , all this ill-gotten Wealth sunk ( by the just Judgment of God upon Sacriledge ) not far from the Gridle-Ness . The body of the Cathedral was preserved from utter ruine by the Earl of Huntly . Afterwards , An. 1607. the Church was repaired , and covered with Slate , at the charge of the Parish , and so continues yet in pretty good repair . The Diocese of Aberdene contains the Shire of Aberdene , most part of Bamff-shire , and part of Mernis . Bishops of MVRRAY . AFter the death of Bishop Patrick Hepburn , this Benefice was conferred upon Alexander Lindsay , Lord Spinie , who possessed it many years ; so that the See continued vacant till about the year 1606 , at which time Alexander Douglas , Parson of Elgin , was promoted to the Bishoprick . How long he sate , I cannot learn. His Successour was John Guthry , one of the Preachers in Edinburgh ; in whose time fell out our second Reformation . Most of the Bishops left their Bishopricks , having wisely withdrawn themselves into England , to avoid the Storm which threatned them ; whereas this Bishop stay'd at home till his Bishoprick left him . Being thrust from his Benefice by the Covenanters , he retired to his ancient Inheritance of Guthry in Angus , where he lived very contentedly and hospitably , exercising his Charity amongst the Poor . He died much lamented , during our Civil Wars . Anno 1662. Murdo Mackenzie , Rectour of Elgin , was preferred Bishop of Murray , who now governs the See. The Cathedral-Church of Elgin , founded by Andrew Bishop of Murray , 1230. was one of the rarest Monuments that this Kingdom afforded , equal almost to Saint Paul's in London ( as I am informed ) in length , but surpassing it in breadth . It was demolished at the Reformation , yet some of the stately Ruines are still to be seen and admired . The Parish-Church , dedicated to Saint Peter , was ( as I am informed ) founded by George the second Earl of Huntly , about the year 1490. The Diocese of Murray contains the Shires of Elgin , Nairn , and part of Innernes and Bamff-Shires . Bishops of BRICHEN . BIshop Sinclair's Successour in the See of Brichen was one Campbell , Cousin to the Earl of Argile , about the year 1567. How long he sate , I cannot learn. Anno 16 — Andrew Lamb , Rectour of Burnt-Island , was preferred to the See , and afterwards translated to Galloway , then void by the death of Bishop William Cowper . Upon this Translation , Anno 1619. David Lindsay , Parson of Dundee , was promoted to the Bishoprick of Brichen : he was translated to Edinburgh 1634. Unto whom succeeded Walter Whitfurd , ( of the House of Milnton , ) Rectour of — who was outed by the Covenanters 1639. and his house plundred . Anno 1662. David Straughan , Parson of Fettercairn , was preferred Bishop of Brichen , He sate nine years , and dying 1671. was buried in the Cathedral-Church . His Successour was Robert Lowry , Dean of Edinburgh , who now governs the See. The Cathedral-Church of Brichen is a pretty handsom Fabrick : it hath on the South-side a small Steeple , not unlike the Monument on Fish-street-hill , London , save that it is broader at the top then at the bottom ; by whom built , I cannot learn. The Chancel was demolished by our first Reformers . The Diocese of Brichen contains part of Angus and Mernis . Bishops of DVMBLANE . ABout the year 1572. Andrew Grhame , Uncle to the Earl of Montross , was preferred Bishop of Dumblane . — and translated to Orkney 1615. To whom succeeded Adam Bannatyn of Kilconqhuar , Rectour of Fawkirk , who governed the See till Anno 1635. at which time he was translated to Aberdene , then void by the death of Bishop Patrick Forbes . His Successour was James Wedderburn , Professour of Divinity in Saint Andrews , who was thrust out by the Covenanters 1639. Anno 1662. Robert Leighton , Principal of the Colledge of Edinburgh , was promoted to the Bishoprick of Dumblane . He was a man of singular and wonderfull Piety , of great Learning ; and in him most of the eminent Vertues we admire in the Primitive Bishops seemed to be revived . His Life was most exemplary and severe , he preached constantly , and seemed like one in heaven when he preached : his Humility was astonishing ; his Meekness and Charity were extraordinary ; his expence on himself very small , but all he had he laid out on the poor : he was very tender of all the concerns of his Clergy , and by his excellent deportment , and heavenly discourses , did much edifie and instruct them all : and he studied by the most gentle methods possible to overcome the peevishness of the Schismaticks ; but all was in vain , for they became more insolent and stubborn . He was translated to Glasgow 1670. Upon which Translation , James Ramsay , Dean of Glasgow , was preferred to the See , now living 1676. The Bishop of Dumblane is always Dean of the King's Chappel Royal. The Diocese of Dumblane contains part of Perth and Striveling-shires . Bishops of ROSS . JOhn Leslie , Doctour of the Canon Law , and one of the Senatours of the Colledge of Justice , ( before Canonist in the King's Colledge , and Official of Aberdene , ) was , upon the death of Bishop Sinclair , preferred to the Bishoprick of Ross 1564. He was a person of great Integrity , and a faithfull servant to Queen Mary in the time of her Troubles . He wrote the History of his Nation , together with a Description of the Kingdom . He died at Bruxels in Flanders 1596. To him succeeded Anno 1599. David Lindsay , ( of the House of Edyell , ) Preacher at Leith , a worthy , pious , and learned Prelate . He sate — years , and dying 161 — was buried in the Parish-Church of Leith . After his death , Patrick Lindsay , Parson of Saint Vigens in Angus , was preferred to the See , who being translated to Glasgow , Anno 1635. left for his Successour John Maxwell , one of the Preachers of Edinburgh , a very Learned man , a great Preacher , and of excellent parts ; but was generally censured for meddling too much in Civil affairs , and for being too violent , which was thought a great occasion of the Troubles that followed . He was thrust out by the Covenanters Anno 1639. and afterwards much prosecuted by them as an Incendiary . Anno 1662. John Paterson , Preacher in Aberdene , was promoted to the Bishoprick of Ross , who now governs the See. The Cathedral of Chanonry ( where the Bishop of Ross his Seat is ) was demolished by our first Reformers ; some part whereof ( as I am informed ) is lately rebuilt . The Diocese of Ross hath under its Jurisdiction the Shires of Tayn , Cromarty , and the greatest part of Innernes-shire . Bishops of CATHNES . AFter the death of Bishop Robert Stewart 1586. the See continued vacant till the year 1599. at which time George Gladstanes , Preacher in Saint Andrews , was preferred Bishop of Cathnes . He was translated to Saint Andrews about the year 1606. Unto whom succeeded Alexander Forbes , Rectour of Fettercairn in Mernis , who was translated to Aberdene , then void by the death of Bishop Peter Blackburn , 1615. Upon this Translation , John Abernethy was promoted to the See , a Learned and worthy Prelat , thrust out by the Covenanters 1639. Upon the Restitution of Hierarchy , 1662. Patrick Forbes was preferred to the See , now living , 1676. The Diocese of Cathnes ( whereof Dornoch in Sutherland is the Bishop's Seat ) contains the Shires of Cathnes and Sutherland . I can give no account of the Cathedral , having neither seen it , nor received any information concerning it . Bishops of ORKNEY . ABout the year 1565. Adam Bothwell was preferred to the Bishoprick of Orkney , and deposed 1568. for marrying Queen Mary to the Earl of Bothwell , but was the year after restored . He exchanged his Bishoprick of Orkney ( with Robert Stewart , one of the base Sons of King James the Fifth , ) for the Abby of Holy-rood-house ; by which means he became a Senatour of the Colledge of Justice , and a Temporal Lord , being the Ancestour of the Lord Holy-rood-house . Upon this Exchange , Robert Stewart became Bishop of Orkney , and afterwards ( upon the Forfeiture of James Hepburn Earl of Bothwell , and the obtaining of these Isles for a Temporal Estate , ) sole Lord of the Country , being created Earl of Orkney 1581. About the year 1606. James Law was Bishop of Orkney , and translated to Glasgow 1615. To Bishop Law succeeded Andrew Grahame , Bishop of Dumblane . How long he sate , I cannot learn. George Grahame was after him preferred Bishop of Orkney . This Bishop being terrified with the Censures of the Assembly of Glasgow , did abjure Episcopacy , and submitted to Presbyterian Government , betaking himself to the charge of a particular Parish , 1638. Hereupon King Charles the First did promote Robert Baron , Doctour and Professour of Divinity in the Marischal Colledge of Aberdene , to the Bishoprick . This Learned and worthy man having incensed the Covenanters , by expressing his Loyalty so publickly in the Disputes between the Doctours of Aberdene , and Mr. Henderson , Mr. Dickson , and Mr. Cant , the three great Champions for the Covenant , was forced to flee to Berwick , where he died shortly after , before his Consecration . Anno 1662. Thomas Sydserfe , Bishop of Galloway , the onely Bishop then alive of all those who had been outed by the Covenanters , was translated to Orkney . He sate but a few years , and died Anno 1663. Unto whom succeeded Andrew Honniman , a learned and pious man , and a good Preacher . This Bishop accompanying the Archbishop of Saint Andrews at Edinburgh , received a wound in the Arm by Pistol-shot , aimed at the Archbishop by an obscure fellow , 1668. He died Anno 1676. and was buried at Kirkwall in the Cathedral-Church . The Diocese of Orkney hath under its Jurisdiction all the Northern Isles of Orkney and Schetland . Archbishops of GLASGOW . UPon the death of Archbishop Gawin Dumbar , Anno 1552. James Beaton , of the House of Balfour in Fife , was preferred to the See. This Prelat , being attainted of Treason , went into France , carrying with him all the Ornaments , Plate and Writings of the Church of Glasgow , which he put into the hands of the Carthusians in Paris , to be restored when Scotland became Popish again . Anno 1572. James Boyd , of Trochrig , was promoted to the Bishoprick ; a wise , worthy and Religious Prelat . He died 1578. and was interred in the sepulchre of Bishop Dumbar . Unto whom succeeded Robert Montgomery , Preacher at Striveling ; who being much vexed by the Kirk-men , was glad , for peace sake , to betake himself to the Charge of a particular Parish in Kile , 1587. resigning his Bishoprick in favour of William Erskine , Parson of Campsey , who injoyed it but a short time : For Archbishop Beaton was by King James the Sixth restored . He was a person honourably disposed , faithfull to Queen Mary , while she lived , and to King James , whose Embassadour he was , a Lover of his Country , and liberal , according to his means , to all his Country-men . He died 1603. a full Jubilee of years from his Consecration . After his death , John Spotiswood , Parson of Calder , was preferred Archbishop of Glasgow . He sate twelve years , and was translated to Saint Andrews , 1615. Hereupon James Law , Bishop of Orkney , was translated to Glasgow , who dying Anno 1635. Patrick Lindsay , Bishop of Ross , was preferred to the See , and outed by the Covenanters Anno 1638. The first Archbishop after the Restitution of the Hierarchy was Andrew Fairfoul , Preacher in Dunce , who sate little above a year . Upon whose death , Anno 1664. Alexander Burnet , Bishop of Aberdene , was translated to Glasgow , and outed 1669. and Robert Leighton , Bishop of Dumblane , preferred to the See , who resigning Anno 1674. Archbishop Burnet was restored , and now governs the See. The Cathedral of Glasgow , a very magnificent Structure , was built by Bishop John Achtian 1135. It oweth thanks to the memory of King James the Sixth for its preservation from utter ruine . For the Ministers of Glasgow persuaded the Magistrates to pull it down , and to build two or three Churches with the materials thereof : the Magistrates condescending , a day is appointed , and workmen ready to demolish it . The Crafts or Tradesmen , having notice given them of this design , convene in Arms , and oppose the Magistrates , threatning to bury the workmen under the ruines of that ancient Building . Whereupon the matter is referred to the King and Council , who decided the Controversie in the Tradesmens favours , reproving the Magistrates very sharply . The Diocese of Glasgow contains the Counties or Shires of Dumbarton , Ranfrew , Air , Lanerick , part of the Shires of Roxburgh , Dumfreis , Peeblis and Selkirk . Bishops of GALLOWAY . ABout the year 1606. Gawin Hamilton was Bishop of Galloway , a very worthy person . His Successour , Anno 1614. was William Cowper , Preacher at Perth , a Learned and pious Prelat : he died 1619. of whom see the former History , page 540. Upon whose death , Andrew Lamb , Bishop of Brichen , was translated to Galloway . How long he sate , I cannot learn. After him , Thomas Sydserfe was preferred to the See , a learned and worthy Prelate : he was outed by the Covenanters 1638. and upon the Restitution of the Episcopal Estate , Anno 1662. translated to Orkney . About which time James Hamilton , Rectour of Cambusnethan , was promoted to the Bishoprick . Unto whom succeeded Anno 1674. John Paterson , Dean of Edinburgh , who now governs the See. The Diocese of Galloway hath under its Jurisdiction the Shire of Wigton , Stewartry of Kirkubright , Regality of Glenluce , and part of Dumfreis-shire . Bishops of ARGILE . AFter George Laird of Balcomie , ( who is the last Bishop of Argile mentioned by our Reverend Authour in his Second Book , ) I meet with some who have been Bishops before the Reformation . The first was Robert Montgomery , one of the Sons of Hugh the first Earl of Eglington . Then , one Campbell , who spoiled the Benefice , about the time of the Reformation . After the Reformation , there was one Kerswell Bishop of Argile : how long he governed the See , I cannot learn. To him succeeded — Boyd . [ See the Addenda . ] To whom succeeded James Fairley , who was thrust out by the Covenanters 1638. and afterwards renounced his Bishoprick , and accepted a private Charge . Anno 1662. — Fletcher , Rectour of — was preferred to the See ; who dying Anno 1665. William Scrowgie , Parson of Rapban in Aberdene-shire , was preferred to the place . He governed the See nine years , and died at Dumbritton Anno 1675. Unto him succeeded Arthur Ross , Parson of Glasgow , who now governs the See. The Diocese of Argile contains the Countries of Argile , Lorn , Kintire , and Lochabyr , with some of the West Isles , such as Lismore , &c. Bishops of the ISLES . ABout the year 1606 , Andrew Knox , Rectour of Pasley , was preferred to the See. How long he sate , I know not . His Successour was John Knox , Rectour of — How long he governed the See , I cannot learn. Anno 162 — John Leslie was Bishop of the Isles , and after translated to the Bishoprick of Rapbo , in the Province of Armagh in Ireland . To him succeeded Anno 162 — Neil Campbell , Rectour of — who was thrust out by the Covenanters 1638. Since the Restauration of Bishops , Robert Wallace , Rectour of Barnwell in the Sheriffdom of Air , was made Bishop of this See. He governed it seven years , and died An. 1669. and the See hath been void ever since . EVery Bishop hath under him an Official or Commissary , who is Judge of the Spiritual Court within his Diocese . Unto this Court are referred matters of Testaments , Bastardy , Divorce , Tithes , Perjury , &c. and many Civil cases . It sits in the Months of November , December , January , February , June , and July . Commissaries of Scotland . Sir David Falconer of Glenfarqbuar , Henry Fowlis , James Aikenbeid , John Wishart , Commissaries of Edinburgh . John Lindsay , Official of Saint Andrews . Sir William Fleeming , Official of Glasgow . John Stewart , Commissary of Dunkeld . John Scougall , Commissary of Aberdene . Alexander Mackenzie , Official of Murray . George Paterson , Commissary of Ross . James Straughan , Commissary of Brichen . James Innes , Official of Cathnes . — Monro , Commissary of — William Scrougie , Commissary of Argile . The Officials of Dumblane . Galloway . Orkney . The Isles . HAving given an account of the Succession of the Bishops in their several Sees , let us take a short view of the several Courts , subordinate to them , wherein is exercised Ecclesiastical Discipline . The First and Lowest ( which is in every Parish ) is called the Session . It consists of the chief and most grave men of the Parish , who are termed Elders and Deacons . In this small Court ( whereof the Minister is President ) all Fornicatours , Adulterers , Blasphemers , Swearers , Prophaners of the Lord's-day , &c. are convented , and put to make publick Confessions of their Sins , and Professions of their Repentance , according to the degree or hainousness of them . For Fornication , they make publick Confession in the Church three several Lord's-days ; in the last of which they receive Absolution . For an Adultery , they make their Profession of Repentance , for half a year , every Lord's-day ; and for six Lord's-days they stand in sackcloath at the Church-door half an hour before Morning-prayers : and then in the end receive Absolution . And for other Faults , they doe penance according to their several degrees . The Deacon's Office is , to collect the Money for the use of the Poor , to delate Delinquents , &c. And that of the Elder is , to be carefull of the Fabrick of the Church , to assist in the censuring scandalous persons , and to wait on the Minister at the Celebration of the Lord's Supper , &c. This Court sitteth once a week . The number of the Parishes in Scotland is uncertain : I conjecture them to be about a Thousand . The Next Court is called the Presbyterie , consisting of twelve or twenty Ministers , more or less . That sits once in two or three weeks . The Moderatour or President thereof is chosen by the Bishop . In this Court are discussed Appeals from Sessions , and other difficult cases . Here are convented all those who refuse to submit to Church-Discipline , and all such as apostatize to Popery or Quakerism ; who , if they remain obstinate , are prosecuted with the Censures of the Church . Here also all such as enter into Holy Orders are examined , and an account taken of their Learning , and other Qualifications , in a course of many several Trialls ; as making Homilies , Sermons , and Common-places ; which hold two or three months : and then they are returned to the Bishop well qualified , who upon that proceeds to ordain them . Presbyteries of SCOTLAND . The Presbyteries of Dunce , Chirnside , Kelso , Ersilton , Jedburgh , Melross Dumbar , Haddington , Dalkeith , Edinburgh , Peeblis , Linlithgow , Perth , Dunkeld , Auchterardor , Striveling , Dumblane , Dumfreis , Penpont , Lochmabane , Middlebie , Wigton , Kirkubright , Stranraver , Aire , Irwing , Pasley Dumbarton , Glasgow , Hamilton , Lanerick , Biggar , Dunnune , Kinloch , Inneraray , Kilmoir , Skye , Saint Andrews , Kirkaldy , Cowper , Dumfermling , Meegle , Dundee , Arbroath , Forfair , Brichen , Mernis , Aberdene , Kincairden , Alford , Gareoch , Deir , Turreff , Fordyce , Ellon , Strathbogy , Abernethie , Elgin , Forress , Aberlower , Chanrie , Tayne , Dingwell , Dornoch , Week , Thirso , Kirkwall , Scalloway , Colmkill . A Third Court ( whereof the Bishop is President ) is the Provincial Assembly , or Synod . In this Court are discussed all Appeals from Presbyteries , and all other difficult cases . From hence are issued Warrants for visiting of Churches . Here also the Lives of Scandalous Ministers are tried , who , if found guilty of crimes laid to their charge , are either deposed , suspended , or excommunicated . The Sentence of Excommunication cannot be pronounced against an obstinate person but after a long Process of near a years continuance , and many Citations , and much pains to bring the Scandalous person ( against whom onely it is denounced ) to a due sense of his Sins , and a willingness to submit to the Censures of the Church : and then it must be ratified and approved by the Bishop . The Provincial Synod meets twice in the year , in April , and October . The Highest Ecclesiastical Court is the General Assembly ; which , as its Constitution and Authority was settled in King James's Minority , was made up of two Ministers Commissioners from every Presbytery , and one Lay-Elder , a Commissioner from every Royal Burrough , one from every University , and one from the King. These had the Supreme Authority about all Church-matters ; and how much trouble they bred King James , the former History has fully discovered . A shadow of this still remains : for the Supreme Ecclesiastical Court is declared to be a National Synod made up of Bishops and Deans , and two Members from every Presbytery , one of whom is of the Bishops nomination , and a Commissioner from every University . But nothing is to be proposed but by the King or His Commissioner : nor can any thing that they doe be of any force , till it be ratified by the King. But as the calling of this Synod is wholly in the Crown , so there is little need of it , since the King's Supremacy is so large , that He needs not their concurrence , to adde their Authority to any thing that He shall think fit to doe about Church-affairs . The Bishops of Scotland take their places thus : Saint Andrews , Glasgow , Edinburgh , Galloway ; the rest according to the Seniority of their Consecrations . CHAP. II. Containing a short account of the several ORDERS of RELIGIOUS PERSONS in SCOTLAND , together with a Catalogue of their Convents , suppressed at the Reformation . IN the Infancy of Christianity , when Persecution was grown so hot , that most Cities and populous Places were visited therewith , many Godly men fled into Desarts , there to live with more safety , and serve God with less disturbance . These were called MONKS . from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , solus , because living alone by themselves . Their Houses were either Caves , Grots , or little Cells ; what would Hide and Heat , Cover and Keep warm , served them for Cloaths ; Herbs and Roots were their Diet , and Water their Drink . In these Solitary places they spent their lives constantly in Prayer , Reading , Meditating , and such like pious employments . They vowed no Poverty , Chastity , or Obedience . Thus continued they during the heat of Persecution ; and when Peace was restored , they returned to their former Dwellings , resuming their Callings , which they had not left off , but for a time laid aside . Afterwards there sprung up another sort of Monks leading a solitary life , when no Persecution forced them thereunto . These considering the inconstancy of humane affairs , that though they had Prosperity for the present , it might be soon changed into a contrary condition , if either the restless endeavours of Satan took effect , or sinfull Christians were rewarded according to their deserts , and prompted also thereunto by their own Melancholick dispositions , chose a lone life , and lived in Desarts . Afterwards they were gathered together to live under one Roof , because their Company would be chearfull in Health , and needfull in Sickness one to another . They sustained themselves by their Labour , ( for every one had a Calling whereby to gain his Livelihood , ) and relieved others by their Charity ; and very strict were they in their Lives and Conversations . But afterwards , Monks having sufficiency turned lazie , then getting waxed wanton , and at last endowed with superfluity became notoriously vicious ; and so they continued till they were finally extirpated . Thus much concerning their Original : proceed we next to their several Orders . The first are the Benedictines or Black Monks , so called from Saint Benedict or Bennet , an Italian , ( who flourished about the year 500 ) . first Father and Founder of that Order . The Benedictines and Augustinians came into Scotland about one time . Their Convents . 1. The Abbey of Icolmkill , in the Isle Jona , founded by Saint Columba , about the year 590. 2. The Abbey of Dumfermling , in Fife , founded by Saint David the First , King of Scotland , about the year 1130. The Church whereof was built by King Malcolm the Third , and was , for several hundreds of years , the Sepulchre of the Scotish Kings . This Abbey was , at the Reformation , annexed to the Crown . 3. The Abbey of Saint Colme , in Inch-Colme in the River Forth , founded by King Alexander the First , about the year 1120. 4. The Abbey of Aberbrothock or Arbroath , in Angus , founded by King William , 1178. This was the richest of our Scotish Abbeys . At the Reformation it was conferred upon James , Duke of Chattelrault and Earl of Arran , who gave it to his second Son Lord John Hamilton . At this day it is in the possession of the Earl of Panmure , and the stately ruines thereof are yet to be seen . 5. The Priory of Vrqhuart , in Murray , founded by King Alexander the Third , 126 — A Cell belonging to Dumfermling . 6. The Priory of Coldinghame , in the Mers , founded by Edgar King of Scots , 1106. A Cell belonging to Durham in England . 7. The Monastery of South-Berwick , founded by King David the First . 8. The Monastery of Three wells , or Trefontana , in Lamermoor on the Borders of Lothian , founded by the Countess of March. A Cell belonging to South-Berwick . 9. The Monastery of Kilconqhuar , in Galloway , founded by Ethred ( or rather Fergus ) Lord of Galloway . The Cluniacks are Benedictines sifted through a finer fearce , with some additionals invented and imposed upon them by Odo Abbot of Clugny or Cluni in Burgundy , who flourished Anno 913. Their Convents . 1. The Abbey of Pasley , in Ranfrew-shire , founded by Alexander the great Steward of Scotland , 12 — . The Monks whereof wrote a History of the Nation . At the Reformation it was bestowed upon Claud Hamilton , third Son to the Duke of Chattelrault . 2. The Abbey of Rewls-Cross , or Corsraguel , in Carrict , founded by Thomas Earl of Carrict , 126 — . The Cistercians are so called from Robert Abbot of Cisteaux in Burgundy , who Anno 1088. did the second time refine the drossie Benedictines . Their Convents . 1. The Abbey of Sanudell , in Kintyre , founded by Saint Coule Milicora . What this Founder was , I know not . 2. The Abbey of Souls-Seat , Sedes Animarum , in Galloway , was founded by Fergus Lord of Galloway . 3. The Abbey of Dundrennan , in Galloway , was founded by Fergus Lord of Galloway . 4. The Abbey of Melross , in Teviotdail , founded by King David the First . 5. The Abbey of Newbottle , in Lothian , founded by King David the First . 6. The Abbey of Culross , in Clackmannan-shire , founded by Malcolm Mackduff , Earl of Fife . 7. The Abbey of Glenluce , in Galloway , founded by Rolland Lord of Galloway . 8. The Abbey of Sweet-heart , Dulcis Cordis , or New Abbey , in Galloway , founded by Dornogilla , Daughter of Alan Lord of Galloway , and Wife to John Balliol . 9. The Abbey of Balmerino , in Fife , founded by Emergards , Wife to King William . 10. The Abbey of Deir , in Buchan , founded by William Cummin Earl of Buchan , 1218. 11. The Abbey of Cowper , in Angus , founded by King David the First . 12. The Abbey of Kelso , in Teviotdail , founded by King David the First . 13. The Priory of Machlein , in Kile . A Cell belonging to the Abbey of Melross . 14. The Monastery of Elcho , in Strath-Jern , founded by David Lindsay , Ancestour to the Earls of Crawfurd . The Monks of the Order of the Valley of Reeds , Vallis Caulium , are a Branch of the Reformed Cistercians , whose Institutions , both in Habit , Diet , Divine Offices , &c. they punctually observe ; but with greater strictness , confining themselves to much narrower Bills . They possess very mean Revenues , being wholly intent upon their Devotions ; and may not goe without the bounds of the Monastery , it being onely lawfull for the Prior and one of the Order to goe abroad upon necessary occasions , and to visit the Monasteries under their charge . They are daily imployed in dressing the Gardens of Fruits and Herbs , which are within the bounds of the Monastery , and improved for the use of it . This Order had four Convents in Scotland . 1. The Priory of Ardehattan , in Lorn , founded by Duncan Mackowle of Lorn . 2. The Priory of Lismehago , in Clidisdail , founded by Fergus Lord of Galloway . 3. The Priory of Bewley , in Ross , founded by John Lord Bisset . 4. The Priory of Pluscardy , in Murray , founded by King Alexander the Second : the Monks whereof did write a Scotish Chronicle . It was afterwards turned into a Convent of Black Monks . The Augustinians are older in Europe then the Benedictines . These do observe the Institutions of Saint Augustine Bishop of Hippo , who was Saint Bennet's Senior by sixty years . The Augustinians are also called Regular Canons . Their Convents in Scotland were , 1. The Abbey of Jedburgh , in Teviotdail , founded by King David the First . 2. The Abbey of Holy-rood-house , in Lothian , adjoyning to the Canon-gate in Edinburgh , founded by King David the First . This Abbey is now one of the King's Palaces . 3. The Abbey of Cambuskeneth , in Striveling-shire , founded by King David the First . 4. The Abbey of Inchassray , in Strath-Jern , founded by Gilbert Earl of Strath-Jern . 5. The Abbey of Scoon , in Gowry , founded by Alexander the First , King of Scotland . 6. The Priory of Crusa , in the West Isles , founded by Saint Columba . 7. The Priory of Omistai , in the West Isles , founded by Saint Columba . 8. The Priory of Holy-Cross , at Peeblis in Tweedail , founded by Fergus Lord of Galloway . 9. The Priory of Saint Mary Isle , in Galloway . A Cell pertaining to the Abbey of Holy-rood-house . 10. The Priory of Saint Colonor's Isle , in Menteith , founded by Edgar King of Scotland . 11. The Priory of Saint Andrews , in Fife , founded by King Alexander the First , 1122. It is annexed to the Archbishoprick of Saint Andrews . 12. The Priory of May , in the Mouth of Forth . A Cell belonging to Saint Andrews . 13. The Priory of Pittenweem , in Fife . A Cell belonging to Saint Andrews . 14. The Priory of Monimusk , in Mar. A Cell belonging to the Priory of Saint Andrews . 15. The Priory of Restennot , in Angus . A Cell belonging to the Abbey of Jedburgh . 16. The Priory of Straphillan , in Athol , founded by King Robert the First , 132 — . 17. The Priory of Blantyre , in Clidisdail . A Cell belonging to the Abbey of Jedburgh . 18. The Priory of Port-Mollock , in Loch-Leiven in Fife . A Cell belonging to the Priory of Saint Andrews . It is annexed to Saint Leonard's Colledge . 19. The Priory of Loch-Tay , in Broad Albain . The Order of the Praemonstratenses was founded by Norbert , born at Colein , and afterwards , as is said , Archbishop of Memberg . He is said to have done it at the Command of the Blessed Virgin , who appear'd to him ; whereupon with some Companions he retired into a desolate place called Praemonstratum , ( thence comes the Title of the Order ; ) where they settled their Society , Anno 1120. They are under the Rule of Saint Augustine , which they tell us Norbert in a Vision immediately received at the hand of Saint Augustine himself . The Habit of their Order is a White Garment , and over that a White Cloak or Mantle , with a Cowl upon their head of the same Colour . The Monks of this Order had five Convents in Scotland . 1. The Abbey of Tungland , in Galloway , founded by Alan Lord of Galloway . 2. The Abbey of Holy-wood , in Nithisdail . 3. The Abbey of Dryburgh , in Teviotdail , founded by Hugh Morvil , High Constable of Scotland . 4. The Abbey of Ferne , in Ross , founded by Ferqbuard Earl of Ross . This Abbey is annexed to the Bishoprick of Ross . 5. The Priory of Whiteborn , in Galloway , founded by Fergus Lord of Galloway . The Tironenses ( as I conceive ) are not a distinct Order of Monks , but rather young Novices , or fresh-water Monks . In a Catalogue of the Religious Houses in Scotland , which I have by me , I find some styled or termed Ordinis Tironensis ; which if it were written Turonensis , it would relate to Tours in France ; and the rather , because there is in France a Conventus Turonensis of Augustinian Monks : but wherein , or whether they differed from others , I know not . But leaving that to the Reader 's farther inquiry , let us take a view of Their Convents . 1. The Abbey of Kilwining , in Cunninghame , founded by Hugh Morvil , Constable of Scotland . 2. The Abbey of Lindoris , in Fife , founded by David Earl of Huntington , Brother to King William . 3. The Priory of Fyvie , in Forumarten . A Seminary belonging to the Abbey of Arbroath . We proceed next to the Monks of the Order of Saint Antony , whose Original was from Saint Antony an Egyptian , who about the time of the later Persecutions , not long after Decius , retired into the Desarts , where he lived the best part of an hundred years , and became the Father of an Eremitick life , wherein he educated all those Disciples that resorted to him . After whose Example other Orders were set up . About the time of the Wars in Palestine , his Body was translated from Constantinople to Mota , ( now called Saint Antony ) a Town in the Province of Viennoys in France , where it was honourably laid up in a Church built to his memory , and became famous for miraculous Cures . Among which , Gasto , a Nobleman of that Province , and his Son Girond , being heal'd of a mortal Plague , dedicated themselves and all that they had to Saint Antony , wholly devoting themselves to the curing and attending of the Sick that came thither . To whom shortly after eight more joyned themselves , who combined into a Society . This was about the year 1121. Their Order was confirmed by several Popes , especially ▪ Boniface the Eighth , Anno 1297. who prescribed unto them Rules , and conferred upon them their Privileges . They observe the Rule of Saint Augustine's Order , and as the peculiar and distinguishing Badge of their Order , wear about their Necks the letter T in Gold or Silver hanging upon their Breasts , and carry a little Bell about with them . The Monks of this Order had onely one Convent in Scotland , at Leith , but who was the Founder thereof , I cannot learn. The Carthusians were instituted by Saint Bruno , a Native of Colein , who being a Parisian Doctour of Divinity , and a Canon of Rheims , abandoned the World , and with six Associats began his austere Eremitical course of life on the Carthusian Mountains , in the Diocese of Gratianopolis , with the Licence of Hugh then Bishop thereof . This Bruno flourished under Pope Vrban the Second , and died Anno Christi 1101. King James the First did bring the Carthusians into Scotland , and built them a Convent in Perth , ( known afterwards by the name of Charter-house , ) about the year 1430. FRom Monks we proceed to FRIERS . These were differenced from Monks , in that Monks were confined to their Cloisters ; whilst more liberty was allowed to Friers to go about , and preach in neighbouring Parishes : as also Monks had nothing in propriety , but all in common ; Friers had nothing in propriety nor in common but being Mendicants , begg'd all their subsistence from the Charity of others . But they met with very bountifull Benefactours ; and in Scotland , when their Nests were pull'd down , were too rich to profess Poverty . The Dominicans , or Black Friers , called also Praedicatores , Preaching Friers , were instituted by Saint Dominick , a Spaniard , Anno 1206. and confirmed by Pope Honorius the Third , Anno Christi 1216. The Dominicans had their Convents At 1. Wigton , 2. Air , 3. Glasgow , 4. Edinburgh , 5. Perth , 6. Dundee , 7. Striveling , 8. Monross , 9. Cowper of Fife , 10. Aberdene , 11. Elgin , 12. Innerness , 13. Saint Andrews , 14. Haddington , 15. Jedburgh , 16. Dumfreis , 17. Cowper of Angus , 18. Innerkeithing , 19. Dysert , 20. Linlithgow , 21. Kinghorn , 22. Forres , 23. Selkirk . The Franciscans , or Gray Friers , called also Minorits , were instituted by Saint Francis , an Italian , about the year of our Lord 1198. and confirmed by Pope Innocent the Third . His Rule prescribed Chastity , Obedience , Poverty , much Fasting , and other Austerities , to all that should be admitted of that Order . The Franciscans are , Minores tam Observantes , quàm Conventuales . The Conventuals had their Houses At 1. Ronburgh , 2. Dumfreis , 3. Haddington , 4. Innerkeithing , 5. Lanerick , 6. Dundee . The Friers Observant had their Monasteries At 1. Edinburgh , 2. Striveling , 3. Air , 4. Glasgow , 5. Saint Andrews , 6. Perth , 7. Aberdene , 8. Elgin , The Carmelite Friers had their beginning at , and name from , Mount Carmel in Syria , being instituted by Almerieus Patriarch of Antioch , Anno 1122. They are also called White Friers , and had their Convents At 1. Dumbar , 2. Linlithgow , 3. Tillilume , 4. Queens-ferry , 5. Aberdene , 6. Irwing , 7. Bamff . The Trinity Friers , or Mathurins , follow . These were also called Robertines , and De Redemptione Captivorum , whose work was to beg mony of well-disposed people for Ransoming of Christian Captives from the Slavery of the Turks . These Friers had their Houses At 1. Falle , 2. Houstoun , 3. Dornoch , 4. Cromarty , 5. Scotland-well , 6. Aberdene , 7. Peeblis . I can give no account concerning the several Orders of NVNS in Scotland . Their Convents were , 1. The Priory of North-Berwick , in Lothian , founded by Duncan Earl of Fife . 2. The Priory of Haddington , in Lothian , founded by Ada Countess of Northumberland , Wife to Prince Henry , onely Son of King David the First . 3. The Priory of Saint Bothans , in Lammer-moor , founded by Christiana Countess of March. 4. The Priory of Manuel , in Lothian , founded by King Malcolme the Fourth . 5. The Priory of Coldstream , in Mers , founded by the Countess of March. 6. The Priory of Ecclis , in Mers , founded by King David the First . The Gray Sisters had their Houses At 1. Dundee , 2. Aberdene , 3. Sheens near Edinburgh . What kind of Monks were in the following Monasteries , I have not as yet learned . 1. The Monastery of Abernethy , in Strath-Jerne , founded by Caranachus , the — King of the Picts . 2. The Monastery of Saint Andrew de beugh , founded by King Constantine the Second . 3. The Abbey of Soutre , in Lothian , founded by King Malcolm the Fourth . 4. The Priory of Cannabie , in Eskdail . 5. The Priory of Star-inch , in Lewis , founded by Maclewid Baron of Lewis . 6. The Priory of Rowadill in Harrigh , founded by Maclewid Baron of Harrigh . 7. The Priory of Inchmahomo , in Perth-shire . 8. The Monastery of Elbottle , a Cell belonging to South Berwick . 9. The Priory of Gulane , in Lothian , a Cell belonging to South Berwick , founded by King David the First . 10. The Priory of Aberdowr , in Fife . Thus much concerning Monks and Friers . BEsides the Convents of Regulars , there were Colledges erected for SECVLAR PRIESTS , and amply endowed with Revenues . The chief person of the Colledge of Secular Canons was called the Provost , and the Colledge it self the Provostry . Let us take a view of them . 1. The Colledge of Bothwell , in Clidisdail , founded by Archbald the First , Earl of Douglas . It was before a Cloister of Nuns . 2. The Colledge of Linclowden , in Nithisdail , founded by the same Archbald . 3. The Colledge of Bothans , in Lothian , founded by William Hay Baron of Yester . 4. The Provostry of Minniboll , in Carrict , founded by Sir Gilbert Kennedy Knight . 5. The Colledge of Dumbar , in Lothian , founded by George , Earl of March. 6. The Colledge of Carnwath , in Clidisdail , founded by Thomas Lord Summervile . 7. The Colledge of Methuen , in Strath-Jerne , founded by Walter Stewart Earl of Athol . 8. The Provostry of Dalkeith , in Lothian , founded by James Douglas , the second Earl of Morton . 9. The Provostry of Fowlis , in Angus , founded by Andrew Gray of Fowlis . 10. The Colledge of Kilmund , in Cowal , founded by Sir Duncan Campbell Knight . 11. The Provostry of Dirlton , in Lothian , founded by Sir Walter Haliburton of Dirlton . 12. The Colledge of Rosseline , in Lothian , founded by William Sinclair Earl of Orkney . 13. The Provostry of Dunglas , in Mers , founded by Alexander Hume Lord Hume . 14. The King's Colledge of Striveling , founded by King James the Third . 15. Trinity Colledge in Edinburgh , founded by Mary , Widow of King James the Second . 16. The Provostry of Restalrig , in Lothian , founded by King James the Fourth . 17. The Provostry of Seaton , in Lothian , founded by the Lord Seaton . 18. The Provostry of Costorphine , in Lothian founded by the Baron of Costorphine Forrester . 19. The Colledge of Creighton , in Lothian , founded by the Earl of Bothwell Hepburn , 20. The Provostry of Sempill , in Ranfrew-shire , founded by the Lord Sempill . 21. The Colledge of Kilmawers , in Cunninghame , founded by the Earl of Glencarn . 22. The Colledge of Hamilton , in Clidisdail , founded by the Lord Hamilton . 23. The Colledge of Dumbarton , in Lennox , founded by one of the Countesses of Lennox . 24. The Provostry of Tillibarden , in Strath-Jerne , founded by the Baron of Tillibarden Murray . 25. The Provostry of Tayne , in Ross , founded by King James the Fourth . 26. The Provostry of Abernethie , in Strath-Jerne , founded by one of the Earls of Douglas . The chief Church in great Towns was a Collegiate-Church ; as Saint Giles in Edinburgh , &c. LAST of all follow the KNIGHTS TEMPLARS . This Order was instituted by Pope Gelasius , about the year of our Lord 1120. Their Office and Vow was , to defend the Temple and the Holy Sepulchre at Jerusalem , to entertain Christian Strangers that came thither for Devotion , and to guard them in safety when they went to visit the places of the Holy Land. Their Habit was a White Cloak , with a Red Cross , and a Sword girt about them . They were suppressed by Pope Clemens the Fifth , about the year 1310. and their Lands were ( by a General Council held at Vienna ) conferr'd on the Knights of the Order of Saint John of Jerusalem , called also Joannites , and after Knights of the Rhodes , and lastly of Malta , where they live at this day . The Templars and their Successours ( spoken of before ) had onely one House in Scotland , which was the Hospital of Saint Germans in Lothian . This House was dissolved Anno 1494. and the greatest part of its Revenues by King James the Fourth conferr'd upon the King's Colledge of Aberdene , then newly founded by Bishop William Elphingston . Though I cannot give an account in what year every particular Monastery in Scotland was founded , yet their general Dissolution was about the year 1560. There was also a Convent of Red Friers at the mouth of Teviot near Kelso ; but by whom built , I cannot learn. CHAP. III. The UNIVERSITIES of SCOTLAND . THere are four Universities in Scotland , SAINT ANDREWS , GLASGOW , ABERDENE , EDINBVRGH . The Vniversitie of SAINT ANDREWS WAS founded by Bishop Henry Wardlaw , Anno Christi 1412. It is endowed with very ample Privileges . The Archbishops of Saint Andrews are perpetual Chancellours thereof . The Rectour is chosen yearly , and by the Statutes of the Universitie he ought to be one of the three Principals . His Power is the same with that of the Vice-chancellour of Oxford or Cambridge . There are in this Universitie three Colledges ; viz. SAINT SALVATOR'S , SAINT LEONARD'S , NEW COLLEDGE . SAINT SALVATOR'S Colledge . James Kennedy , Bishop of Saint Andrews , founded this Colledge , built the Edifice , furnished it with costly Ornaments , and provided sufficient Revenues for the maintenance of the Masters and Professours . Persons endowed at the Foundation were , A Doctour A Bachelour A Licenciate of Divinitie ; Four Professours of Philosophy , who are called Regents ; Eight poor Scholars , called Bursars . Benefactours . I can give little or no account of the Benefactours . The Earl of Cassils hath founded a Professour of Humanitie to teach the Latin tongue . George Martyn cieled the great Hall. Present Professours . George Weemis , Doctour of Divinity , Provost . James Rymer , Professours of Philosophy . George Thomson , Professours of Philosophy . Edward Thomson , Professours of Philosophy . James Strachan , Professours of Philosophy . The Arms of Saint Salvator's Colledge are the Globe and Saint Salvator's Cross . SAINT LEONARD'S Colledge Was founded by John Hepburn , Prior of Saint Andrews , Anno 152 — . Persons endowed are , A Principal or Warden , Four Professours of Philosophy , Eight poor Scholars . Benefactours . Of these I can give no account . The Priory of Portmuck is annexed to this Colledge . And lately , the Parsonage of Kinkell in Aberdeneshire . Present Professours . James Weemis , Doctour of Divinity , and Dean of Saint Andrews , Principal . William Sanders , Professours of Philosophy . Alexander Skene , Professours of Philosophy . Alexander Grant , Professours of Philosophy . NEW COLLEDGE Was founded by James Beaton , Archbishop , Anno 153 — . The Professours and Scholars endowed are of Divinity ; for no Philosophy is taught in this Colledge . Present Professours . Walter Comrie , Doctour and Professour of Divinity , Principal . David Faulconar , Professour of Divinity . There was lately founded in the Universitie of Saint Andrews a Professour of Mathematicks . The present Rectour of the Universitie is Andrew Bruce , Doctour of Divinitie , Archdeacon of Saint Andrews . The short and bad Account which I have given of this Universitie proceeds meerly from want of Information . Learned men and Writers . John Mayor , Provost of Saint Salvator's , a person , according to the Learning of those Times , very famous . His History of the Scotish Nation is not so much esteemed , being very short , and in the style and way of writing Scholastical and Quodlibetical . He wrote also on the Master of the Sentences : but see his Character page 68. He flourished about the year 1520. Andrew Melvill , Professour of Divinitie in the New Colledge , a man well seen in the Hebrew Language and the Rabbinical writings . He was the first who kindled the great Combustions in this Church , by introducing the Discipline of Geneva amongst us , as may be more fully seen in the foregoing History . John Baron , Doctour and Professour of Divinitie in the New Colledge , was a person of great Worth and Learning , and of great Candour . He died in the time of our late Combustions . Sir John Wedderburn was a Professour of Philosophy in this Universitie ; but that was too narrow a place for so great a Person , who became since so celebrated for his great Learning and skill in Physick : and though his infirmities and great age forced him to retire from publick practice and business , yet his fame attracts all the Nation to him , and his noble Hospitality and kindness to all men that are learned and vertuous makes his Conversation no less loved then his Advice is desired . Samuel Rutherfurd , Professour of Divinitie in the New Colledge , was very famous in those Times , for quickness and subtilty in disputing and writing . He was judged to be very devout : he wrote Exercitationes de Gratia , and Disputationes de Providentia : he was a wonderfull Assertour of the Supralapsarian Hypothesis : he wrote also many Books in English ; some Controversial , as the Divine right of Presbytery , others pieces of Devotion and Sermons : he wrote also a Seditious Book , condemned by Law , about the Power of the King , and the Priviledges of the People , called Lex Rex . He died 1661. Alexander Colvill , Doctour and Professour of Divinitie in the New Colledge : he was before Professour at Sedan . He was learned in the Hebrew , and was a great Textuary , and well seen in Divinitie . He died about the year 1664. James Wood , Professour of Divinitie , and Provost of Saint Salvator's , was a person both judicious and wise , as also of considerable Learning : he wrote a Book against Independency : he died about the year 1664. John Johnston , Professour of Divinitie in the New Colledge , wrote a Paraphrase of the Psalms , and other most excellent Poems , and for his skill in the Latin tongue and Poesie was second to none in his time : he flourished about the year 1610. David Calderwood , a man of great reading and study , but very unhappy in his way of expressing himself , both which appeared in his Altare Damascenum . He was at first very factious , and banished the Kingdom by King James ; yet was afterwards much neglected by that violent Party , who judged him too moderate , though from his Book none would imagine him guilty of it . James Durham , a Gentleman of a good Family and learned , was bred in this famous University : he wrote a judicious Book of Scandal , with good Learning in it : there are also Expositions of his upon the Revelation , and on the Song of Solomon , and the Ten Commandments , all published since his death . George Gillespie was also bred here , who was a very pregnant young man , had great freedome of expression and much boldness , which raised him to make a very considerable figure among the Covenanters . He had some good Learning , but was very factious : he wrote against the Ceremonies , and many pieces against the Erastians . He died An. 1649. James Gregory , Professour of the Mathematicks in this University , was a person of most extraordinary Learning in those Sciences . He had a strange faculty of resolving the hardest Problems , and seems to have found a Non plus ultrà in Geometry . He was Fellow of the Royal Society , and much admired both in England , France and Italy , where he travelled ; but lost both his eyes , and soon after died , 1674. In this Universitie many of the chief Nobility are bred , among whom none has done greater honour to Saint Leonard's Colledge , where he was bred , then his Grace the Duke of Lauderdail : to whom as Learning seemed entailed , ( his Family for four Descents having been most famed for Learning of any of their Quality ; ) so he received those impressions in this Universitie , that , being since much improved , have rendered him so eminent for Learning ; of which onely my Subject leading me to speak , I shall say nothing of his other extraordinary Qualities . Archbald Lord Napier of Merchiston was a profound Scholar , and of great worth . His Logarithms have rendered him famous throughout the whole world : he wrote also an Exposition on the Revelation . He died 162 — . Sir Robert Murray , a great Promoter and Fellow of the Royal Society , was a person of wonderfull abilities , vast apprehensions , great depth of Judgment , and universally knowing in every thing , but more particularly in the Mathematicks . He was a great Ornament to the Age he lived in , and an honour to his Country . He died Anno 1674. The Vniversitie of GLASGOW WAS founded Auspiciis , Pietate & Benignitate Eximii Principis , Jacobi Secundi , Scotorum Regis Serenissimi ; indulgentiam faciente , & jus ac facultatem Studii Generalis sanciente , Nicolao Quinto , Pontifice Romano ; ejus Erectionem & Constitutionem magno labore & sumptibus procurante Reverendo Antistite Gulielmo Turnbullo , Episcopo Glasguensi . The words of the Bull are , Vt Studium Generale vigeat tam in Theologia ac Jure Canonico & Civili , quàm Artibus & qualibet alià Facultate ; quódque Doctores & Magistri ibidem omnibus & singulis Privilegiis , Libertatibus , Honoribus , Immunitatibus , Exemptionibus , per Sedem Apostolicam vel alios quomodolibet Magistris , Doctoribus & Studentibus , in Studio nostrae Civitatis Cononiensis concessis , gaudeant & utantur . The Persons founded were , a Rectour , a Dean of Facultie , a Principal or Warden , who was to teach Theologie , three Professours to teach Philosophy . Afterwards some Clergy-men professed the Laws here , being invited to that Profession rather by the commodity of a Collegiate life , and the Immunities of the Universitie , then by any considerable Salary . King James the Sixth , Anno 1577. did establish Twelve persons in the Colledge ▪ viz. a Principal , three Professours of Philosophy called Regents , four Scholars called Bursars , an OEconomus or Provisor , who furnisheth the Table with provisions , the Principal 's servant , a Janitor , and a Cook. Benefactours . The Kings of Scotland have been great Benefactours to this Universitie . King James the Second , the Founder of it , did bestow considerable Revenues , and endue it with many Privileges and Immunities . The words of the Letter under the Great Seal 12. Kal. Maii 1453. are , Omnes & singulos Rectores qui pro tempore fuerint , Facultatum Decanos , Procuratores Nationum , Regentes , Magistros & Scholares in hac Vniversitate studentes , sub nostra firma pace & custodia , defensione & manutenentia suscipimus ; eosdemque Rectores , &c. ab omnibus tributis , exactionibus , taxationibus , collectis , vigiliis , custodiis , eximimus , & postea eximendos statuimus . The same Privileges were confirmed by King James the Third , Anno 1472. by King James the Fourth , 1509. by King James the Fifth , 1522. and by Queen Mary , 1547. About the time of the Reformation , the Universitie was almost brought to desolation , and had been ruined , had not King James the Sixth , in his Minority , restored it by his Royal Bounty and munificence . He confirmed all its Privileges , and bestowed upon it the Tithes of the Church of Govan , Anno 1577. Afterwards he ratified all the former Acts made in favour of the Universitie , and made some new Donations , Anno 1617. King Charles the First did ratifie all the old Privileges , and bestowed money for repairing the Fabrick . King Charles the Second , by the advice of the Estates of Parliament , gave also money for the same purpose . Bishop William Turnbull , by whose procurement the Pope's Bull was obtained , was very liberal to the Colledge , bestowing upon it both Lands and Revenues ; and so were several of the Bishops and Archbishops who succeeded him . The Citie of Glasgow were also Benefactours to the Colledge . The Ground on which the Colledge stands , with a Field adjacent thereunto , was the donation of James Lord Hamilton . Since the Reformation , sundry private men have given considerable summs of money towards the maintenance of poor Scholars or Bursars ; as William Struthers , Zachary Boyd , Thomas Crawford , Ministers . Others have bestowed money for repairing the Fabrick , as Alexander Boyd , Matthew Wilson , Ministers . James Law , Archbishop of Glasgow , was very bountifull to the Colledge ; for he much augmented the Revenues thereof , and bestowed many choice Books , which are in the Library . William Earl of Dundonald , Anno 1672. gave about 1000 pounds sterling towards the maintenance of Bursars . John Snell hath of late bestowed 6000 Marks Scotish for enriching the Library , and adorning the Fabrick . The Archbishops of Glasgow are perpetual Chancellours of the Universitie . The Rectour is chosen once every year . David Cadyow , Canon of Glasgow , was the first Rectour ; and William Elphingston , Official of Glasgow , afterwards Bishop of Aberdene , was the first Dean of Facultie . Principals . 1454. David Bineb first Principal . His Successours are not known , because the old Records and Registers of the Colledge were either destroyed or taken away at the Reformation . 1577. Andrew Melvin . 1580. Thomas Smeton . 1600. Patrick Sharp . 1615. Robert Boyd of Trochrig . 1622. John Cameron . 1626. John Strang , Doctour of Divinitie . 1650. Robert Ramsay : he lived but a month after his Instalment . 1653. Patrick Gillespie . 1660. Robert Bailie . 1662. Edward Wright , present Principal . Professours of Divinitie . The Principals taught Theologie till Anno 1640. at which time there was a Salarie settled for maintenance of a Professour of Divinitie . 1640. David Dickson . 1649. Robert Bailie . 1660. John Young. 1668. Gilbert Burnet . 1674. David Liddell , present Professour of Divinitie . There is not a Coat of Arms peculiar to this Universitie , but they use the Arms of the Citie of Glasgow . Present Professours . Sir William Fleming of Ferm , Rectour . Doctour Matthew Brisban , Dean of Facultie . Edward Wright , Principal or Warden . David Liddell , Professour of Theologie . William Blair , Thomas Nicolson , John Tran , John Boyd , Professours of Philosophy . Learned men and Writers . John Sharp , Doctour and Professour of Divinitie , a man well learned , and a good Textuary . John Cameron , Principal , of whom I need say no more , but that he was the Great Cameron so well known to the World by his excellent Prelections on the New Testament . He acquired so much fame in France , where he was Professour of Divinitie in Saumur , that King James brought him to Scotland , hoping that his Learning and Worth would have had some effects on the Puritans : but he finding them untractable , went back to France , where he lived and died in great esteem . Robert Boyd , Principal , was a very excellent Person , and of considerable Learning : he wrote a large Commentary on the Ephesians . John Strang , Doctour of Divinity , Principal , a man of great Parts , extraordinary Subtilty , and of a most solid Reason , as appears by his excellent Books De voluntate Dei in actibus humanis , and De Scriptura Sacra . David Dickson , Professour of Divinitie , a man wonderfully esteemed and reverenced for his Piety by the Covenanters , not unlearned : he wrote a Commentary on S. Matthew's Gospel , on the Psalms , and the Epistles to the Romans and Hebrews ; also a Book of Practical Divinitie , called Therapeutica Sacra , which he wrote in Latin. Robert Bailie , Professour of Divinity , and afterwards Principal , a learned and modest man : though he published some very violent Writings , yet those flowed rather from the instigation of other persons , then his own inclinations . He has left a great evidence of his Diligence and Learning in his Opus Chronologicum . Alexander Nubet and James Ferguson , two Ministers much esteemed , were bred in this University : they wrote each of them Commentaries on some of the Epistles . George Hutchinson was also bred here , who was accounted one of the greatest Preachers of the Presbyterian party , and was a Learned man : he wrote on the Twelve Minor Prophets , on Job , and on the Gospel of Saint John. He died Anno 1674. George Buchanan was a person that deserves a higher Character then I can give him : but it is done to such advantage in the foregoing History , that I must referre the Reader to it , page 325. The Vniversitie of ABERDENE . IN the Reign of King Alexander the Second , Anno 121 — there was a Studium Generale in Collegio Canonicorum , where there were Professours and Doctours of Divinitie , and of the Canon and Civil Laws , and many Learned men have flourished therein . King James the Fourth , and William Elphingston , Bishop of Aberdene , procured from Pope Alexander the Sixth the Privilege of an Universitie in Aberdene , Anno Christi 1494. It is endowed with as ample Privileges as any Universitie in Christendom ; and particularly the Foundation relates to the Privileges of Paris and Bononia , but hath no reference to Oxford or Cambridge , because of the Wars between Scotland and England at that time . The Privileges were afterwards confirmed by Pope Julius the Second , Clement the Seventh , Leo the Tenth , and Paul the Second ; and by the Successours of King James the Fourth . The Bishop of Aberdene is perpetual Chancellour of this Universitie , and hath power to visit in his own person and to reform Abuses : and although he be not a Doctour of Divinitie , yet the Foundation gives him power of conferring that Degree . The Office of Vicechancellour resides in the Official or Commissary of Aberdene . The Rectour , who is chosen yearly , with the assistence of his four Assessours is to take notice of Abuses , &c. in the Universitie , and to make a return thereof to the Chancellour . If one of the Masters happen to be Rectour , then is his power devolved upon the Vice-chancellour . The Colledge was founded by Bishop William Elphingston , Anno 1500. and was called the King's Colledge , because King James the Fourth took upon him and his Successours the special Protection of it . Persons endowed were , A Doctour of Theologie , who was Principal ; the Canon Law ; the Civil Law ; Physick ; A Professour of Humanity to teach Grammar ; A Subprincipal to teach Philosophy ; A Cantor ; A Sacrist ; Six Students of Divinitie ; Three Students of the Laws ; Thirteen Students of Philosophy ; An Organist ; Five Singing-boys , who were Students of Humanitie . Benefactours . Bishop William Elphingston , the Founder , built most part of the Fabrick , furnished the great Steeple with ten Bells , gave many costly Ornaments , as Hangings , Books , &c. King James the Fourth bestowed upon the Colledge the Rents of the Hospital of Saint Germans in Lothian , whereof the Tithes of the Parishes of Aberluthnot in Mernis , of Glenmuik and Glengairden in Mar , are a part ; as also the Tithes of the Parishes of Slanes and Furvie in Buchan . King James the Sixth bestowed upon it the Rents of the Carmelite Friers of Bamff , the Chaplainries of Westhall and Fallowroull . King Charles the First gave to the Colledge two parts of the Revenues of the Bishoprick of Aberdene , so long as the See should remain vacant , Anno 1641. Upon which Donation , eight Bursars more were endowed , and the Universitie was called the Caroline Universitie . King Charles the Second , by the advice of the Estates of Parliament , did bestow upon it , Anno 1672. the Stipends of all those Churches which should happen to be vacant within the Dioceses of Aberdene , Murray , Ross , and Cathnes , and that for seven years following the date of the Act. Gawin Dumbar , Bishop of Aberdene , built the South-quarter of the Colledge , and the houses belonging to the Prebendaries , and did perfect whatsoever Bishop Elphingston left unfinished . William Stewart , Bishop of Aberdene , built the Library , Chapter-house , Vestry-house , a School , and Chambers for the Chaplains . Duncan Sberar , Parson of Clat , gave certain Lands towards the maintenance of Bursars . Nicolaus Hay , Professour of the Civil Law , and Official of Aberdene , gave maintenance to Bursars . Robert Maitland , Dean of Aberdene , procured the annexation of the Deanry to the Colledge , 1579. Walter Stewart , Principal , procured the annexation of his Rectory of Methlick to the Colledge . Sir Thomas Burnet of Leyis endowed three Bursars . James Wat , Rectour of Snaith in Yorkshire , gave certain Lands towards the maintenance of a Student of Divinitie . Alexander Reid , Doctour of Physick , left in legacy to the Colledge two hundred pounds of English money : he also left his Books to the Library . John Forbes , Doctour and Professour of Divinitie , did purchase two houses , and left the one for the accommodation of his Successours Professours of Divinitie , and the other for the use of the Cantor . The following persons left their Books to the Library . Andrew Strachan , Doctour and Professour of Divinitie . George Clerk , a Minister . Thomas Garden . George Anderson . Sir Francis Gordon . Alexander Blackball , Student of Divinitie , resident at London . Thomas Mercer , Burgess of Aberdene . Principals . 150 — . Hector Boeth , or Boyes , ( descended from the Boeths of Panbride in Angus , ) born in Dundee , and bred up in Letters in the Universitie of Paris , was the first Principal . Besides his History of the Scots , he wrote the Lives of the Bishops of Aberdene . 153 — . William Hay , Subprincipal , was his Successour . 1552. John Bissait continued six years , and resigned his place ( because of his infirmitie proceeding from long sickness ) to 1558. Alexander Anderson , Subprincipal , who was also Parson of Tyrie , and Vicar of Kinkell . This man was a great Scholar , and a subtil Disputant , but no great friend to the Colledge . For the hatred he bare to the Reformed Religion , he alienated some of the Colledge-Revenues , destroyed many of its Writings and Evidences , whereby many Lands and other Rents belonging to Saint Germans are quite lost ; sold the Ornaments , Books , and other Furniture belonging to the Colledge . Commendable he was in one thing ; for when some of the Reformers would have taken away the Lead and Bells , repulit vim ferro . He was afterwards turned out , and the Place conferred upon 1569. Alexander Arbuthnot , ( Brother to the Baron of Arbuthnot , ) Parson of Arbuthnot and Logy Buchan , a modest , learned , and pious Divine . 1584. Walter Stewart , Subprincipal , was his Successour , a very hopefull person , taken away in the thirty-sixth year of his age . 1593. Upon his death , David Rait , ( of the House of Halgreen in the Mernis , ) Sub-principal , was preferred to the place . He continued Principal fortie two years . 1634. To him succeeded William Leslie Doctour of Divinitie , Subprincipal , a man of great Learning . In his time , Anno 1634. a storm of wind beat down the top of the great Steeple , which afterwards was built more stately , consisting of four Arches supporting a Crown with a Globe and Cross . Principal Leslie was for his Loyalty thrust out by the Covenanters , and in his room was elected 1640. William Guild , Doctour of Divinitie , Minister in Aberdene and one of the Chaplains to King Charles the First ; a Learned and worthy person . He built the Tradesmens Hospital in Aberdene , left considerable Legacies to the Poor , and bequeathed his Books to the Library of Saint Andrews . Anno 1649. the General Assembly gave a Commission to some Ministers and Lay-Elders to reform the Colledge , and to expell the Malignants . Persons thrust out . Doctour William Guild , Principal ; Alexander Middleton , Subprincipal ; Patrick Gordon , George Middleton , Professours of Philosophy . Persons put in . The Commissioners at that time did not unanimously agree whom to put in ; and considering ( Winter drawing near ) that the Colledge could not be well governed , unless there were a Principal or Subprincipal , therefore they ordered the Subprincipal to continue , till his place were supplied by another . Shortly after , the Masters restored the Principal ( in despite of all opposition ) to his place . But Anno 1651. General Monk , sent five Colonels to reform the Coledge ; Colonel Fenwick , Moseley , Owen , Disborough , and Smith . At this Reformation both Principal and Subprincipal were again turned out : Gilbert Rewle was substituted in the room of the latter , and the place of the former was conferred upon 1652. John Row , an Independent Minister in Aberdene , a person well seen in the Latin and Greek Languages , and not ill in the Hebrew . In his time , Anno 1657. was laid the foundation of the New work in the North-East corner of the Colledge , of six stories high , consisting of twenty four Chambers with Chimneys and Conveniences , a School , and a Bulliard-house . The Money that built it was given by the Masters , and other well-disposed persons , whose Names are written in a Register called Album amicorum Collegii Regii Aberdonensis . Mr. Row continued Principal till Anno 1661. At which time William Rait , Minister at Brichen , was preferred to the place . He stayed onely a year , and returned to Brichen . 1662. Alexander Middleton , Minister in Old Aberdene , and Subprincipal , of whom before , succeeded him . Professours of Divinitie . The Professour of Divinitie was founded by the Bishop , Synod , and Colledge of Aberdene , Anno 162 — . The first Professour was 162 — . John Forbes , Doctour of Divinity , a most pious , peaceable and learned Divine . He continued till the year 163 — . and being by the Magistrates of Aberdene chosen to be one of the Ministers of the Town , left for his Successour 1634. Andrew Strachan , Doctour of Divinity , who lived little above a year after his Instalment . 1635. Doctour Forbes was chosen Professour again , and continued till for his Loyalty he was thrust out by the Covenanters , Anno 1639. Shortly after he went over into Holland , where he published his Instructiones Historico-Theologicae , and returning home died in his house of Corse , Anno 165 — . 164 — . William Douglas , Minister at Forgue , succeeded Doctour Forbes . He died Anno 1665. 1673. Henry Scongal , Parson of Achterless , was after some years Vacancy preferred to the place . The Election of the Rectour , Dean of Facultie , Professour of the Oriental Languages , Professours of Philosophy , Janitor , &c. is by the major part of the Masters : but the Principal and the rest of the Prebendaries are chosen not onely by the major part , but also by four Procuratores Nationum . In all the Elections the Foundation gives the Principal one great Privilege : Volumus enim ut in omnibus hisce Electionibus , Principalis habeat vocem Nominativam , Electivam , & Conclusivam : which seems to be a Negative voice inherent in him . If a Place be vacant , a Bursar ( Alumnus ) is to be preferred before any other , if he be sufficiently qualified . If a vacant Place be not filled within one month , then it falls to the Chancellour Jure devoluto , who presents one for that time . The Procuratores Nationum their having a voice in the Elections , imports the like to be in the Scholars , from whom they derive their power of voting . The Scholars are divided into four Classes , according to the number of the Dioceses or Provinces wherein they live . The Provinces are these . 1. Provincia Aberdonensis contains the Shires of Aberdene and Bamff . 2. Provincia Moraviensis includes all those Countries that lie on the North side of the River Spey . 3. Provincia Angusiensis contains Angus and Mernis . 4. Provincia Landoniensis comprehends ( besides Lothian ) all the rest of Scotland . The Students of each Province do chuse a Procuratour to give up their Vote in the Election . Every Michaelmas , the Masters convene after ending of the ten weeks Vacation , and a Probleme is affixed on the Colledge-Gates , inviting young Scholars to come and dispute for a Burse , ( which is their maintenance at the Colledge . ) To these are prescribed Exercises or Themes to make , then Latin Authours in Prose and Verse to expound : and the first four ( for so many Burses are void at every Commencement ) who are reckoned to be the best Scholars , are preferred . In October the Students begin to convene . They wear a Red or Scarlet Gown with hanging Sleeves ; but those who are Bursars , a Black Gown with a Girdle . Their time of continuance at the Universitie is four years . They are ranked into four Classes . To those of the first Class is taught the Greek Language . The Students of the second Class do learn Logicks and Metaphysicks . Those of the third Class ( who at the year's end are Bachelours of Arts ) do learn Ethicks and General Physicks . The fourth and highest Class do compleat their Course with Special Physicks and Mathematicks . The time of the Commencement of Masters of Arts is in July ; the manner thus . Before the day appointed , those who are to receive their Degree do publish their Theses , inviting all Learned men and Scholars to come and dispute . At the day appointed , great preparation is made , the Candidati are apparelled in Black , with Black Gowns , and at ten of the clock all go into the publick School , where the Professour of Philosophy or Regent , who is to conferre the Degree , makes a long Speech ( beginning with a Prayer ) to the Auditours : which being ended , the Disputes begin , and continue till four or five of the clock . Then they take a little refreshment , and so return to the Graduation , ( Laureation . ) The Regent doth tender to the Candidati the following Oath : Ego , A.B. coram Omniscio & Omnipotenti Deo , Religionem & Fidem , unicam & solam Orthodoxam , in Ecclesia Scoticana palàm propositam , professurum me , & ab omnibus Pontificiorum & aliorum quorumcunque Haeresibus longè abhorrentem , spondeo , voveo , juro . Insuper , Universitati buie , almae Parenti , cui banc Ingenii culturam debeo , liberaliter relaturum me nutritiam quam potero , eâdem fide solenniter promitto . Quòd si fidem sciens & volens fefellero , arcanorum cordis recessuum Scrutstarem Deum , ultarem & vindicem non recuso . Ità me adjuvet Deus . After the Oath one of the Candidati ascends the Desk , and the Regent taking into his hand a Hat or Cap , with these following words doth give him his Degree . Ego eâdem authoritate , quam Summi ac Potentissimi Principes Almae buic Vniversitati amplissimam indulsêre , te A.B. in Artibus Liberalibus , & Disciplinis Philosophicis , Magistrum creo , proclamo , constituo , renuncio : tibíque potestatem do , Legendi , Scribendi omniáque id genus alia committendi , quae bîc , aut ubivis Gentium , Artium Magistris concedi solet . Et in signum manumissionis tuae , Caput tuum hoc Pileo ( putting the Cap on the Scholar's Head ) adorno : quod ut tibi felix faustúmque sit , Deum Optimum Maximum precor . Insuper , Librum hunc tibi apertum trado : ut Ingenii tui aliquod specimen coram celebri hoc coetu edas , rogo . Then the Graduate hath a short Speech to the Auditours , and so the Ceremony is ended with clapping of hands , founding of Trumpets , shouting , &c. Thus are all the Candidati graduated one after another . The same way almost is used in all the Universities of Scotland . Concerning the Graduation of Bachelours and Doctours of Divinitie , Law , and Physick , I can give no account . Present Masters and Professours . John Menzeis , Professour of Divinitie in the Marischal Colledge of Aberdene , Rectour . Doctour Lewis Gordon , Dean of Facultie . Alexander Middleton , Dean of Aberdene , Principal . Henry Scougal , Professour of Divinitie . George Nicolson , Professour of the Laws . Patrick Vrqhuart , Doctour and Professour of Physick . Andrew Massie , Subprincipal . Patrick Gordon , Professour of Humanitie , and of the Oriental Languages . Robert Forbes , George Middleton , John Buchan , Professours of Philosophy . There are also A Student of Divinitie , Fifteen Bursars of Philosophy , A Cantor , who is Master of the Musick-School in the Town , An OEconomus , A Janitor , A Cook , A Gardener , and other inferiour Servants . Learned men and Writers . Hector Boeth , Principal according to the Learning of the Times he lived in , was very considerable : for whose Character see Page 68. in the foregoing History . John Leslie , Canonist in the King's Colledge , and Official of Aberdene , was a very worthy person , and of great Learning in those days he lived in : he suffered much for his Loyalty to his Princess Queen Mary . John Forbes , Doctour and Professour of Divinity . All I shall say to this great man is , that he was one of the best Scholars that ever our Kingdom bred , as will apppear to all that ever read his Instructiones Historico-Theologicae , which these unhappy Times suffered him not to finish , to the great regret of all Learned men . His Irenicum does also shew both his Learning and Moderation . But his Piety and Devotion was so signal , that his Name will be alwaies remembred there with great honour . William Guild , Doctour of Divinity , Principal . He wrote Commentaries on several Books of the Old Testament , a Systeme of Divinity , and many Treatises against the Papists . He had a fair Estate , which he left wholly to pious uses . Arthur Johnston , Doctour of Physick , and Rectour of the Universitie , was an excellent Poet. William Douglas , Professour of Divinity , a man of great Industry : he wrote some little Treatises . There were also three Brothers descended from a Noble Family , Duncan , Thomas , and Gilbert Burnet , who were bred here , and were in great esteem . The first was a Doctour of Physick , and practised in Norwich : he was a learned , holy , and good man. The second was of the same Profession , and likewise in great esteem in Braintrey , where he practised Physick . The third was a Professour of Philosophy , first at Basil , then at Montaubon ; and was in such esteem there , that a National Synod of the Protestants in France appointed his Philosophical Writings to be printed at the expence of the Clergy . But he dying before his Manuscripts were put in order , onely his Book of Ethicks was printed . They all three flourished about the year 1630. George Middleton , Doctour of Physick , was once a Professour of Philosophy here ; a man of considerable Parts , of good Learning , and well skilled in the practice of Physick . He died very lately . William Gordon , Doctour and Professour of Physick here , was a very worthy person , of great Judgment , and well seen in that Science . He died Anno 164 — . James Sandilands , Doctour and Professour of the Laws here , and Official of Aberdene , was a Learned man , and a great Civilian . He died Anno 164 — . Many other Learned men have been Professours here , besides those who have had their Education in this Colledge . THE MARISCHAL Colledge of Aberdene was founded by George Keith Earl Marischal , Anno 1593. Persons endowed were , A Principal , Three Professours of Philosophy . Since that time there have been added , A Professour of Divinitie Mathematicks , A fourth Professour of Philosophy . Twenty four poor Scholars , Benefactours , George Earl Mariscbal , Founder , gave towards the maintenance of the Professours certain Lands lying near Aberdene , and at Bervie in Mernis . The Town of Aberdene built most part of the Edifice . Thomas Reid left an annual Salary to a Library-keeper . Bernard Cargill gave a considerable summe of money towards the maintenance of a Professour of Divinitie . Duncan Liddell , Doctour of Physick , left a considerable summe of money towards the maintenance of a Professour of Mathematicks . Sir Alexander Irwing of Drum left in Legacy towards the maintenance of poor Scholars , or Bursars , of Philosophy and Divinity , a thousand pounds Sterling mony . King Charles the First bestowed on the Colledge the third part of the Rents of the Bishoprick of Aberdene , so long as the See should continue vacant , Anno 1641. Alexander Reid , Doctour of Physick , left in Legacy to the Colledge and Grammar-School two hundred pounds of English mony . Alexander Ross , Doctour of Divinity , Minister in Aberdene , William Guild , Doctour of Divinity , Minister in Aberdene , Patrick Dune , Doctour of Physick , Each of them gave mony to maintain Bursars . Several of the Benefactours left their Books to the Library . Principals . 1593. Robert Howy , first Principal . 159 — . Gilbert Gray . 160 — . Andrew Aidie . 161 — . William Forbes , Doctour of Divinity , afterwards Bishop of Edinburgh . 162 — . Patrick Dune , Doctour of Physick . 1639. William Moir . 1663. James Leslie , Doctour of Physick . Professours of Divinity . 162 — . Robert Baron , Doctour and Professour of Divinity afterwards Bishop Elect of Orkney . 164 — . John Menzeis . Present Professours . George Meldrum , Minister in Aberdene , Rectour . James Leslie , Doctour of Physick , Principal . John Menzeis , Professour of Divinity . Duncan Liddell , Professour of Mathematicks . Robert Paterson , George Peacock , John Farqbuar , John Paton , Professours of Philosophy . The Earl Marischal is the onely Patron of this Colledge . Learned men and Writers . William Forbes , Doctour of Divinity , Principal , was a person of rare Endowments , vast Learning , and a celebrated Preacher . He was the first Bishop of Edinburgh , and indeed a most holy person , of whom all that ever knew him give this Character , that they never saw him but they thought his heart was in heaven . He was indeed a fit pattern to all that should come after him . Robert Baron , Doctour and Professour of Divinity , was a person of incomparable worth and Learning . He had a clear apprehension of things , and a rare facultie of making the hardest things to be easily understood . He is well known by his Book De objecto formali Fidei , and his Metaphysicks and other small Treatises : there are many other excellent Manuscripts of his that are not yet published : and he bare the greatest share of that famous Debate Anno 1638. between the Doctours of Aberdene and the Covenanters . Alexander Reid , Doctour of Physick , was bred here : he grew very famous in London , and left a great part of his Estate to pious uses in and about the places of his Education . Duncan Liddell , Doctour of Physick , was a person much esteemed for his learned Writings , as his Book De Febribus , and several other Books which he wrote . But since I have named some Physicians educated in Aberdene , I must not pass over Sir Alexander Fraser , His Majesties's First Physician , whose great Learning and happy Practice of Physick , as they have raised him to such esteem and dignity , so his constant Loyalty and high Generosity do answer that Noble race of the Frasers from whom he is descended . The Vniversity of EDINBVRGH WAS founded by King James the Sixth of blessed memory ; for Anno 1580. upon the Magistrates of that Citie 's Supplication and Address to him for that effect , he granted to them a Charter under the Great Seal , allowing them the full Liberty and Privilege of an University within their Town . But the Foundation was not perfected till Anno 1582. The Privileges of this University are the same with those of any other University in the Kingdom . The Dignity of Chancellour and Vice-chancellour doth reside in the Magistrates and Town-Council of Edinburgh , who are the onely Patrons . I do not find that ever the Dignity was conferred upon any single person . The Persons founded were , A Principal or Warden , A Professour of Divinitie , Four Masters or Regents ( for so they are called ) of Philosophy , A Professour or Regent of Humanitie ( Humanarum literarum and Philologie . Since the first Foundation , the Town hath added a Professour of Hebrew , Anno 1640. and Doctour Conradus Otto , a Learned Jew , was the first Professour : And a Professour of Mathematicks , preferring James Gregory , Fellow of the Royal Society , to the place , Anno 1674. Benefactours . King James the Sixth , Founder . The Colledge was built , and the Masters and Bursars are maintained , by the publick and private Benevolence of the Citizens of Edinburgh . Some Donations have been by others , but not considerable . All the Benefactours Names are inserted in the Books of the Town-Council , and in the Register of the Library ; and are also drawn in Gold Letters upon several places on the Walls of the Library , together with their several Donations ; and also at the time of the publick Commencement ( which is once every year ) they are recited ( vivâ voce ) in the hearing of all . The Library was founded by Clement Litle , one of the Officials or Commissaries of Edinburgh , Anno 1635. since which time it is much increased , both by Donatives from the Citizens , as also from the Scholars , who are more in number here then in any other Colledge in the Kingdom . Principals . 1583. Robert Rollock , one of the Ministers of the Citie , who was likewise Professour of Divinity , ( for all the Principals here are Primarii Professores Theologie , ) was the first Principal , and Rectour of the Universitie . 1600. Henry Charters . 1620. Patrick Sands . 1622. Robert Boyd . 1625. John Adamson . 1653. Robert Leighton , who was afterwards preferred to be Bishop of Dumblane . 1662. William Colvil . 1675. Andrew Cant. Professours of Divinitie . 162 — . Andrew Ramsay . 1630. John Sharp , Doctour of Divinity . 1650. David Dickson , 1664. William Keith , Doctour of Divinity . 1675. Lawrence Charters . Present Professours . Andrew Cant , Principal . Lawrence Charters , Professour of Divinity . Alexander Dickson , Hebrew Professour . James Pillan , John Wishart , John Wood , William Paterson , Professours of Philosophy . Gilbert Mackmurdo , Professour of Humanity . William Henderson , Library-keeper . No Professour of Mathematicks since Mr. Gregorie's death . There is no Coat of Arms peculiar to this Universitie ; but the Magistrates allow them to use the Arms of the City . Learned men and Writers . Robert Rollock , Principal a person of great worth and Learning . He wrote Commentaries on the Psalms and some of the Prophets : some Sermons and Pieces of Devotion were also published by him : but of him see the former History , Page 454. Henry Charters , Principal , a person of great modesty and humility , and well seen in Theological Learning . Patrick Sands , Doctour of Divinity , Principal , a man very learned in the Mathematicks . John Adamson , Principal , a man of great Learning , and of very quick Parts . Alexander Henderson , Rectour of the Universitie , and one of the Ministers in the City , the greatest Ring-leader of the Covenanters , and often employed by them in the affairs of Church and State , both in Scotland and England , was a person of great gravity and composedness , and of considerable Learning . That Debate between His late Majesty and him at Newcastle 1646. about Church-Government , and the occasion he then had of knowing that Blessed Martyr , wrought much upon him , so that he went bak to Scotland much changed in his Principles ; and it was believed , that if he had lived , he would have been very instrumental in the King's service ; but he died soon after , and was much lamented , being the most universally-esteemed man of all the Party . William Colvil , Principal , a man of very moderate temper . He was deposed by the Covenanters , and yet he would never accept Preferment , though divers Bishopricks were profered to him . He wrote divers Pieces , which are printed , in English , and Ethica Christians in Latin. William Keith , Doctour and Professour of Divinity , a man of great Learning , who had diligently studied both the Fathers and Schoolmen , and was a great Master of Languages , being very well skilled in the Hebrew and Rabbinical Learning . He was wholly mortified and denied to the world , and led a most severe and ascetical kind of life . He died Anno 1674. I forbear to mention those Learned Professours in the Four Universities who are yet alive ; and therefore I leave it to those who shall follow , to celebrate their fame to posterity . CHAP. 4. Of the GOVERNMENT and LAWS of SCOTLAND THE Kingdom of Scotland hath been governed by Kings in as long a Succession as any Nation in the world . The King is an absolute and unaccountable Monarch , and ( as the Law calls him ) a Free Prince , of a Sovereign Power ; having as great Liberties and Prerogatives by the Laws of this Realm , and Privilege of His Crown and Diademe , as any other King , Prince or Potentate whatsoever . So that it is delivered as a Maxim in the Heads of our Law , That all Jurisdiction stands and consists in the King's Person , by reason of His Royal Authority and Crown , and is competent to no Subject , but flows and proceeds from the King having Supreme Jurisdiction , and is given and committed by Him to such Subjects as He pleases . The Crown of Scotland descends by Inheritance , the Heir female not being excluded ; and the undoubted Right to it has been for above three hundred years in the Family of the Stewarts , and is now in the Person of King CHARLES the Second , whom God long preserve . Upon the death of a King , the next Heir is presently King and the Coronation is onely a solemn Instalment in that which was his Right before . All the difference between our Kings before and after their Coronation is , that they hold onely Conventions of Estates , but no Parliaments , before they are Crowned : of the distinction of which an account shall be given afterwards . When a King is Crowned , he swears the Oath appointed to be taken at the Coronation , which before the Reformation was no other then the Oath set down in the Roman Pontifical to be sworn by Kings ; for there is no Provision made about it in our Laws : but at the Reformation it was enacted , That all Kings at the time of their Coronation should make their faithfull Promise by Oath , &c. which Oath is to be found in that Act , and to it the Reader is referred . The Prerogatives of the Crown are great ; the Power of Peace and War , the Power of raising and arming the Subjects , the Power of the Mint , the Nomination of all Officers , both of the State , and of War and Justice , ( except some Sheriffs that are such by Inheritance , ) the Power of Calling , Adjourning , ( Prorogation is not in our Law ) and Dissolving of Parliaments , the giving the Votes of Parliament the Authority of Laws , the executing of the Law , and the pardoning of Offences , are clearly and onely in the Crown . But to these , other great Additions have been made in the two Parliaments held since His MAJESTIE' 's Restauration . For whereas the Supremacy in Ecclesiastical affairs was always in the Crown since the Reformation ; yet in the Reign of King James the Sixth the Power of the General Assembly was raised very high by Law , which was the chief foundation of the late Troubles ; it being pretended , that it was contrary to Law for the King to introduce any thing into the Church without the consent of a General Assembly . It was therefore enacted in Parliament , That the External Government and Polity of the Church was wholly in the King's power ; and that his Orders sent to the Privy Council , and published by them , about all Ecclesiastical matters , Meetings and Persons , were to be obeyed by the Subjects , any Law or Practice to the contrary notwithstanding . So that in all matters that relate to the Chuch-Government the King's Power is absolute . The Second Point is about the Militia . By the ancient Laws of Scotland , a all the King's Subjects were to assist him in his Wars . Upon which a great enlargement of the King's Prerogative was grafted of late by two b Acts of Parliament ; the Kingdom of Scotland offering to the King , to raise and arm Twenty thoussand Foot and Two thousand Horse , and to furnish them with forty days Provision , to march into any of His Majestie 's Dominions of Scotland , England or Ireland , for suppressing any Foreign Invasion , Intestine Trouble or Insurrection , or for any other Service wherein His Majestie 's Honour , Authority or Greatness may be concerned . And these Forces , by another Act , are to give due Obedience to all such Directions as they shall receive from His Majestie 's Privie Council . A Third Point is the Ordering and disposing of Trade with Forein Nations , c and the laying of Restraints and Impositions upon Forein imported Commodities ; which is declared a Prerogative of the Crown . With these Sacred Rights is the Crown of Scotland cloathed . The King's Revenue consisted anciently most in the Crown-Lands which could not be alienated but by Act of Parliament , and in the Wards and Marriages of the Vassals of the Crown . But most of these have been of late years given away , and most of the Tenures of Lands are changed , although there has been no general Law for taking away the Wards . The Revenue is now raised out of the Customes and the Excise . The last is given to this King for life , but the former is in the Crown for ever . The rest is raised out of what remains of the Crown-Lands and the Wards . The Persons nearest in bloud to the King are , first , all the Issue of King James and King Charles ; which are so well known to every one , that they need not be repeated . Next to them are all that are descended from the Daughter of King James the Second , ( since whom , till the Queen of Bohemia , no Collateral Branch sprung from the Royal Family of whom any Issue remains , ) who was married to James Lord Hamilton , and had issue , first , James , created Earl of Arran , whose Son was the Duke of Chastelberault , from whom by two Sons and two Daughters are descended the Families of Hamilton and Abercorn , and the Families of Huntly and Launderdail . And by an Act of Parliament , signed by all the Three Estates , ( the Original whereof is yet extant , ) in the Reign of Queen Mary , the Duke of Chastelberault's Family is declared , next the Queen and her Issue , the rightfull Heir of the Crown . The Sister of King James the Third bare likewise to the Lord Hamilton a Daughter , married to the Earl of Lennox , from whom descended the Family of Lennox . There is no other Branch of the Royal Family , since it was in the Line of the Stewarts , except the Earl of Cassils his Family , whose Ancestour , the Lord Kennedy , married King James the First 's Sister , from which Mariage that Family is descended . And so much of the Royal Family . The Chief and Supreme Court is the High Court of Parliament , which is made up of Three Estates . The First is the Ecclesiastical , that of old consisted of the Bishops and Mitered Abbots , but since the Reformation consists onely of Archbishops and Bishops . The Second Estate is the Nobility , who were anciently divided into the Greater Barons and the Lesser , ( for every man that holds Lands of the Crown with a Privilege of holding a Court , much like the Lord of a Manour in England , is called a Baron , ) and all were obliged to appear personally in Parliament , ( for Proxies were never allowed by the Law of Scotland , ) and give the King Counsel . This proved a very heavy burthen to the small Barons , upon which they desired to be excused from their attendance in Parliament : and this was granted to them as a favour in King James the First 's reign . And though by that Act they might have sent two or three , or more , to represent them from every Shire ; yet they made no use of that for above 150 years : but King James the Sixth , to balance the Nobility , got them restored to that Right ; so that ever since there are two sent from every Shire , who are Commissioners for the Shires . The Third Estate is the Burroughs , every one of which chuseth one Commissioner ; onely the City of Edinburgh , as the Metropolis , chuseth two . The Parliament is summoned by Proclamation made at the Head-Burrough of every Shire 40 days before they meet ; upon which the Shires and Burroughs meet about their Elections . Every man that holds Lands of the Crown , that in the Rolls of the Taxation ( the ancient Name of Subsidies or Assessments ) are valued at 40 shillings Scotish mony of Taxation to the King , which will be in real value about Ten pounds Sterling a year , is an Electour , and may be Elected , so he be rightly vested in the Land , or ( according to the Scotish terms ) infeoft and seised , and be not at the King's Horn , ( that is , under an Outlawry . ) The Electours subscribe the Commissions they give , and so their Commissioner is returned : and if there be cross Elections , the Parliament is the onely Judge . In the Burroughs the Common-Council of the Town makes the Election . When the day comes in which the Parliament is to be held , the Regalia , the Crown , Sceptre , and the Sword of State , which are kept in the Castle of Edinburgh , are brought down in State to the King's Palace , and are to be carried by three of the ancientest Earls that are upon the place , bare-headed , before the King or His Commissioner . In the great Court before the King's Palace all the Members of Parliament do mount on Horseback with Foot-cloaths , &c. The Burgesses ride first , the Commissioners of the Shires next ; then the Lords , Viscounts , and Earls , in their Robes , the last of whom do carry the Regalia , the Lion Herauld , with some Heraulds and Pursevants riding before the Honours ; last of all , when the King is present in person , rides the Lord Chancellour , bearing the Great Seal : but this is not done before a Commissioner . After these rides the King or His Commissioner , with the High Constable ( who is by Inheritance the Earl of Arroll ) on his right hand , with a white Batton on his hand ; and the great Marischal ( who is also by Inheritance the Earl Marischal ) on his left hand , with a silver Batton in his hand . If the King be present in person , the Marquesses and Dukes ride after the Earls ; but if His Commissioner onely be there , they follow him at some distance . At the outward Gate of the Parliament-house they all alight off their horses , and the Earl Marischal receives and conducts the King to the inner Gate , where he is received by the High Constable , and led into the House where the Parliament is held . The Throne is raised six steps high , with a State over it ; and there the King , or the Commissioner in His absence , sits . And in the first step under him , on a Bench , sits the Lord Chancellour , with other Officers of State on both hands of him . In the next step under these sit the Lords of Session , or Judges . On the right hand of the Throne is the Bishops Bench , that rises up three steps and rows of Benches . On the highest the two Archbishops sit , and in the lower steps sit the Bishops according to the dignity of their Sees . On the left hand of the Throne there is another great Bench of three steps and rows of Benches , on which sit the Nobility according to their precedency . In the middle of the Floor there are two Tables ; on the one of them the Regalia are laid , and in two great Chairs by them sit the Constable and the Marischal : at the other Table sits the Lord Clerk of Registers with his Deputy-Clerks , who are the Clerks of the Parliament . There are also Fourms placed on the floor : those on the right side are for the Commissioners of the Shires , and those on the left hand are for the Commissioners of the Burroughs . When all are placed , the Parliament is fenced ( as the phrase is ) in the King's Name . Then the King speaks to them , ( if He be present , ) sitting in His Robes , with the Crown on His Head , all standing up bare-headed : but when a Commissioner represents Him , he is in an ordinary Sute , and stands and speaks also bare-headed , ( nor is the Commissioner covered but when there is pleading at the Bar , but continues bare-headed , as all the Members are , ) and tells them the reason for which they are called together ; which is enlarged upon by the Lord Chancellour . Then they goe about the chusing of the Lords of the Articles , who are Eight for every State , who have been chosen in different ways . Sometimes the Bishops did chuse the eight Lords of the Nobility , and the Nobility eight for the Bishops ; at other times the Bishops did chuse their own eight , and the Nobility their eight : but now it is settled by an Act of Parliament , that the King or His Commissioner names eight of the Bishops , the Lords chuse eight for themselves : and those sixteen do chuse eight Commissioners for the Shires , and as many Commissioners for the Burroughs . These Thirty two are the Committee of Parliament to prepare Matters . When a Bill is drawn by them , it is brought into the Parliament . And anciently all these Bills were brought in the last day of Parliament , on which the Members ride in the same State as they do the first day : and the Bills being read , they were put to the Vote of Parliament , and either were approved , or not : and then being approved , were presented to the King , who by touching them with the Sceptre gave His Assent to them , which also is done by His Commissioner in His absence ; if he refused to touch them , they were of no force . But of late times matters have been at full length and freely debated in Parliament . They sit all in one House , and every one answers distinctly to his Name , and gives his Vote , which is in these Terms , I approve , or not : onely those who are not satisfied one way or another . say , Non liquet ; which is a great ease to those who are consciencious , and a common refuge to the cunning Politician : the major Vote carries it . No Dissents or Protests are allowed in publick Acts , but are accounted treasonable ; but in private Acts , that relate to mens Properties and Rights , any one may protest for his Interest . After all business is ended , the King or His Commissioner makes a Speech to them , and dissolves them . A Convention of Estates is made up of the same Members that constitute a Parliament , but can make no Laws ; onely that can lay Impositions on the Subjects : they do not sit in state , and have been most used before the Kings were Crowned . The Lord Chancellour is President in both these Courts , and the Votes are taken and numbered by the Clerk of Registers . And whatever Acts are passed in Parliament or Convention , are to be proclaimed soon after their Dissolution at the publick Mercat-Cross of Edinburgh , by the Lion Herauld , ( who is at present Sir Charles Erskin of Cambo , ) with a great deal of state and Ceremony ; after which they are obligatory on the Subjects . And so much for the Parlaiment and the Three Estates , whose Authority is supreme : and it is Enacted , that none of the Lieges shall presume to impugn the Dignity and Authority of the Three Estates , or to seek or procure the Innovation or Diminution of the Power and Authority of the same Three Estates , or any of them , in time coming , under the pain of Treason . The Government of the Kingdom being wholly in the Crown , the King administers it by His Officers of State and Privy Council . The Officers of State are Eight . The First is the Lord Chancellour , who is Keeper of the Great Seal , and President in all Courts where-ever he is , except in the Exchequer . This Office is now in the person of the Right Honourable John Leslie Earl of Rothes . The Second Officer is the Lord High Treasurer , who governs the Revenue , and presides in the Exchequer . This Office is now in Commission . The Third Officer is the Lord Privie Seal , who is at present the Marquess of Athol . These three take place of all the Nobility . The Fourth Officer is the Lord Secretary , who keeps the Signet , and is a Lord by his Office , and takes place of all of his rank . The Office of Secretary is executed by his Grace the Duke of Lauderdail . The Fifth Officer is the Lord Clerk of Registers , who has the charge of all the publick Records , Rolls and Registers , and names all the Clerks of Parliament and Session , and the Keepers of publick Registers . The Sixth Officer is the King's Advocate , who is also called the Lord Advocate . He is commonly a Judge , except in Causes in which the King is concerned ; and in those he pleads in the King's Name . The present Advocate is Sir John Nubet of Dirlton . The Seventh Officer is the Lord Treasurer Deputy , who is assistent to the Lord High Treasurer , and is a Check upon him , and presides in the Exchequer in his absence . This Office is executed by Sir Charles Maitland of Hatton . The Eighth Officer is the Lord Justice Clerk , who assists the Lord Justice general in Criminal causes . The present Justice Clerk is Sir Thomas Wallace of Craigie . All these have the Title of Lord , and the precedency of all under Noblemen and their eldest Sons . The Privy Council is chiefly employed about publick Affairs , and judges of Riots and any Disturbance given to the Peace of the Kingdom . Anciently the Lords of the Session were the King's Council , and so are still called the Lords of Council and Session : but the Power of the Privy Council has been most raised since King James got the Crown of England , that by reason of the King 's necessary absence from Scotland , the King hath lodged much of His Power with the Privy Council . Lawyers do plead the causes of Riots before them ; and when Sentence is given , every Privy Councellour gives his Vote , and the major Vote carries it . Lords of His Majestie 's Privy Council . John Earl of Rothes , Chancellour of the Kingdom , Lord President of the Privy Council . James Lord Archbishop of Saint Andrews his Grace . John Duke of Lauderdail his Grace . Alexander Lord Archbishop of Glasgow his Grace . William Marquess of Douglas . John Marquess of Athol . Archbald Earl of Argile . John Earl of Errol . George Earl Marischal . William Earl of Morton . Alexander Earl of Murray . Charles Earl of Mar. — Earl of Linlithgow . John Earl of Wigton . Patrick Earl of Kinghorn . Alexander Earl of Kelley . David Earl of Weemis . James Earl of Airley . William Earl of Dundonald . George Lord Ross . Sir Charles Maitland of Hatton . Sir James Dalrymple of Stair . Sir John Nisbet of Dirleton . Sir Thomas Wallace of Craigie . Sir James Fowlis of Collington . Sir William Sharp of Stainibill . Sir William Scot of Ardross . Sir George Kinnaird of Rossie . Sir John Wachop of Nidrie . Sir Gerge Monro of Culkairn . Lieutenant General Thomas Dalyell . The Supreme Court of Judicature about the Property of the Subject is called the Colledge of Justice , or the Session ; which was anciently an ambulatory Court , but was settled as it now is by King James the Fifth , Anno Christi 1532. to consist of fourteen , who are called Senatours of the Colledge of Justice , or Lords of Councill and Session , and a President ; to whom are added the Lord Chancellour , and four extraordinary Lords , who are of the chief Nobility . The extraordinary Lords have no Salary , and are not obliged to attendance ; but when they come , they have a Vote . This Court sits from the first of June till the last of July , and from the first of November till Christmas-Eve , and from the first of January till the last of February : they sit from 9 a clock in the Morning till 12 , all the days of the Week except Sunday and Monday . There is an Outer House , and an Inner . In the Outer there is a Bench , where one of the Senatours sits a Week , ( and all of them except the President have their turns in it , ) who hears all Causes originally ; and where the Case is clear , he gives Sentence : But if it be difficult , or if either party desires it , he reports it to the rest of the Senatours ; who either send out their Answer by him , or if it be very intricate , and the parties or either of them desire it , do appoint it to be heard before themselves . This is a Court of great dispatch . But besides the Judge on the Bench , there is a Side-Bar , to which one of the Judges comes out weekly by turns , as in the former , and receives and answers all Petitions and Bills . The Inner House , where all the rest of the Senatours sit , is a Court of great State and Order . The Senatours sit in a semicircle in Robes : under them sit their Clerks , who write the most material heads of all that is pleaded at the Bar , where the Pleadings are long and very learned . When the Senatours have ( after all the parties are removed ) reconsidered their Arguments , they give their Sentence , and the major Vote carries it . Their final Sentence determines the business , there lying no Appeal from them , ( onely the Parliament , as the Supreme Court , may review and repeal their Sentence : ) and they are called Decreets , from the Latin Decreta . Senatours of the Colledge of Justice . Sir James Dalrymple of Stair , President . Sir John Nubet of Dirleton . Sir Thomas Wallace of Craigie . Sir Charles Maitland of Hatton . Sir James Fowlis of Collington . Sir Robert Nairn of Strathurd . Sir David Nevoy of Nevoy . Sir Peter Wederburn of Gosfurd . Sir John Baird of Newbyth . Sir John Lockart of Castlehill . Sir Richard Maitland of Pitrichie . Sir David Balfour of Forret . Sir Thomas Murray . Sir James Fowlis of — Sir David Falconar of Newton . The Law of Scotland is made up of the Municipal and Civil Laws . The Municipal consists either of Acts of Parliaments , or of the Customes and Practicks of the Colledge of Justice , which are held of no less force then Acts of Parliament : and where neither of these contradicts the Civil Law , the Roman Law is of force . This makes our Lawyers generally great Civilians ; for they goe either to Leiden , Poictiers , or Bourges , and study the Civil Law , in which some are learned to a high degree . The Law of Scotland is easie and regular , by reason of our Registers , which are so full , that Titles are much more easily cleared here then can be done where those Registers are not : which may appear from the following Instances . No man can have a Right to any Estate but by his being seised of it , which is done by the delivery of Earth and Stone ; upon which an Instrument is formed called a Sasine , and this must be registred within 60 days , otherwise it is of no force : by which means all secret Conveyances are cut off : for if no Sasine be passed upon them , or if these be not put in the publick Registers , ( which every one may search , ) the Conveyance is of no force . All Bonds have a Clause in them for inserting them in the publick Registers ; and they being registred , without any farther action , by a charge of six days the Debitor must make payment , otherwise Writs called Letters of Horning , Caption and Poynding , are given out : by the first of which the party is under Outlawry and Rebellion , and forfeits to the King his personal Estate ; and if he continues a year under it , the Life-rent of his real Estate : in which the Creditor is to be preferred for his interest , the rest goes into the Exchequer . By the Letters of Caption the party is seised on , and put in prison : nor is his House a place of security , but may be searched for him . By the Letters of Poynding the Debitor's Goods may be distrained , where-ever they can be found . A third Instance , to which I shall adde no more , is , that any Creditor may serve a Writ on his Debitor , called Letters of Inhibition , by which he can make no Disposition of his Goods or Estate , till the party be satisfied ; and all is null that he does after that , if these Letters be returned and registred within 21 days after they are served , otherwise they have no force . The next Supreme Court is the Justice Court , where all Criminals are tried . It consisted anciently of a Lord Justice General , and a Lord Justice Clerk , who was his Assistent . The Earls of Argile had this Office by Inheritance : but King Charles the First agreed with the Earl of Argile , and gave him the hereditary Justiciarship in the High-lands , for which he laid down his Pretensions to the other . The Justice General is not bound to serve in person , but might doe it by Deputies , and he commonly named two : but the Parliament changed this Anno 1669. and appointed four of the Judges to sit in this Court with the Lord Justice General and the Lord Justice Clerk. All Trials for Life are in this Court , which sits every Friday in the time of Session in the afternoon . Here all the Subjects , Peers as well as Commons , are tried : nor is there any difference between the Trial of a Peer and of a Commoner , but that the greater part of the Peers Jury ( called by the Scotish Law an Assize ) must be Peers . Fifteen make a Jury . The Foreman , who is called the Chancellour of the Assize , gathers and reports their Votes : the major Vote determines the matter . The present Justice General is the Earl of Murray . The next Supreme Court is the Exchequer . That consists of the Lord Treasurer , ( or the Commissioners of the Treasury , when it is in Commission , ) the Lord Treasurer Deputy , and some Assistents , called the Lords of Exchequer , who have little power , the Lord Treasurer and the Lord Treasurer Deputy carrying all matters in it as they please . Here all the King's Grants , Pensions , Gifts of Wards , Letters Patents , and such like , are to be passed . And these are the Supreme Civil Courts . The Seat of those Courts is Edinburgh , which has been long the chief Seat of the Government : and though the making of Circuits for giving Justice has been oft begun ; yet the charge it puts the Country to is found a greater inconvenience , then the bringing up all their Affairs to Edinburgh . Next to these Supreme Courts there are other inferiour Courts . And , First , there are many Regalities in the Kingdom , where the Lord of the Regality has a Royal Jurisdiction within his grounds , and power of Life and death , besides many other great Immunities and Privileges . This began chiefly in Church-Lands ; for all the Bishops and most of the Abbots had these Regalities granted them : some of the ancient and great Peers likewise got the same power bestowed on them , but many more have lately got their Lands erected into Regalities . The Judge is called the Bailif of the Regality , who sits as often as there is cause . Most of the Bailifs of the Bishops are so by Inheritance ; for these were given by the King , since a Church-man cannot give a Commission in Causa Sanguinis . There are also in all the Shires of Scotland Sheriffs , who are the Judges in all matters of Meum and Tuum , in Thefts , and in all lesser Crimes , as likewise in Murthers , if the Murtherer be taken in hot bloud , as they call it , when the person is newly slain . But though there lies no Appeal in any Court in this Kingdom , yet there is somewhat equivalent to it ; for the Supreme Courts by a Writ called an Advocation may take any Cause out of the hands of inferiour Judges , and order it to be brought before themselves . Most of the Sheriffs were anciently such by Inheritance : and it being in this Kingdom no matter of charge , but of profit , it gave the Hereditary Sheriffs so great a power in their Shires , that our Kings of late have thought sit to agree with many of those Sheriffs for their Rights , by which it comes to pass that divers of them are now in the King's gift . The Sheriffs may either sit and give Judgment themselves , or doe it by a Deputy ; which they most commonly doe , except in some greater cases . SHIRES or COUNTIES of SCOTLAND , and their SHERIFFS . SHIRES . SHERIFFS . The Shire of Edinburgh containeth Middle Lothian . Sir Charles Maitland of Hatton . The Shire of Berwick containeth Mers . The Earl of Hume . The Shire of Peeblis containeth Tweeddail . The Earl of Tweeddail . The Shire of Selkirk containeth the Forrest of Etterick .   The Shire of Roxburgh containeth Teviotdail , Lidisdail , Eskdail , Ewsdail , &c. Duke of Buckleugh . The Shire of Dumfreis containeth Nithisdail , and Annandail . Earl of Queensbury . The Shire of Wigton containeth the West part of Galloway . Sir Patrick Agnew of Lochnaw . The Shire of Aire containeth Kyle , Carrict , and Cunninghame . Earl of Dumfreis . The Shire of Renfrew containeth the Barony of Renfrew . Earl of Eglington . The Shire of Lanerick containeth Clidsdail . Duke of Hamilton . The Shire of Dumbritton containeth Lennox . Duke of Lennox . The Shire of Bute containeth the Isles of Bute and Arran , &c. Sir James Stewart of — The Shire of Innerara containeth Argile , Lorn , Kintyre , the most part of the West Isles , as Ila , Jura , Mull , Wyist , Terife , Coll , Lismore , &c. Earl of Argile . The Shire of Perth containeth Athol , Goury , Glenshee , Strath-Ardel , Braid Albain , Rainach , Balwhidder , Glenurqhuay , Stormont , Menteith , and Strath-Jern . Marquis of Athol . The Shire of Striveling lieth on both sides of the River Forth . Earl of Mar. The Shire of Linlithgow containeth West Lothian . Earl of Calendar . The Shire of Clackmannan containeth a small part of Fife lying on the River Forth towards Striveling . Sir David Bruce of Clackmannan . The Shire of Kinross containeth so much of Fife as lieth between Loch-Leiven and the Ochell Hills . Earl of Morton . The Shire of Cowper containeth the rest of Fife . Earl of Rothes . The Shire of Forfar containeth Angus with its pertinents , as Glen-Ila , Glen-Esk , Glen-Prossin , &c. Earl of South-Esk . The Shire of Kincairden containeth Mernis . Earl Marischal . The Shire of Aberdene containeth Mar with its pertinents , as Birse , Glen-Taner , Glen-Muik , Strath-Dee , Strath-Don , Bray of Mar and Cromar , most part of Buchan , Forumarten , Gareoch , and Strathbogie-land . Earl of Dunfermline . The Shire of Bamff containeth a small part of Buchan , Strath-Dovern , Boyn , Enzie , Strath-Awin and Balveny . Sir James Baird of Auchmedden . The Shire of Elgin containeth the Eastern part of Murray . Robert Dumbar of — The Shire of Nairne containeth the West part of Murray .   The Shire of Innerness containeth Badenoch , Lochabyr , and the South part of Ross . Earl of Murray . The Shire of Cromarty containeth a small part of Ross lying on the South side of Cromarty Firth . Sir John Vrqhuart of Cromarty . The Shire of Taine containeth the rest of Ross , with the Isles of Sky , Lewes , and Harrigh . Earl of Seaforth . The Shire of Dornoch containeth Sutherland , and Strath-Navern . Earl of Sutherland . The Shire of Weik containeth Cathnes . Earl of Cathnes . The Shire of Orkney containeth all the Isles of Orkney and Schetland .   The Constabularie of Hadington containeth East Lothian , and Lauderdail . Duke of Lauderdail . STEWARTRIES . STEWARDS . Strath-Jern , Earl of Perth . Menteith , Earl of Menteith . Annandail . Earl of Annandail . Kirkubright containeth the East part of Galloway . Earl of Nithisdail . BAILIARIES . BAILIFFS . Kile .   Carrict . Earl of Cassils . Cunninghame . Earl of Eglington . Besides these , every man that holds a Barony of the King has a Baron-Court , in which lesser matters are also judged , and they may Fine and Distrain . Anciently these Baron-Courts might judge of Life and death ; but that is now out of use . For all the other particulars that relate to the Regalities , Superiorities , and other things of the Law of Scotland , such as are curious may find full satisfaction in that most learned Work of Craigs de Jure Fendali , written in Latin , and Printed at Edinburgh in Folio . The Military Government in Scotland of every County is not lodged in one person , but the Regiments of Foot are commanded by Colonels , and the Troups of Horse by Captains , named by the King , without any dependence upon one Lord Lieutenant : nor are there Deputy-Lieutenants , but the Lieutenant-Colonels and other Officers are named by the King , as is usual in an Army . The Court of Admiralty sits in Leith , the chief Sea-port of this Kingdom ; but has not much business , except in times of War to judge of Prizes . The present High Admiral is His Royal Highness , James Duke of York . The Burroughs of Scotland are of three sorts ; either Royal Burghs , Burghs of Regality , or Burghs of Barony . The former have Commissioners in Parliament , and besides are a State apart , for they meet yearly in a Convention called the Convention of Burroughs , to which a Commissioner comes from every one of them . There they make Laws for themselves about Trade , and other things relating to their Corporations . They hold these Meetings in a Circuit around the chief , or , as they call them , the Head Burghs : and at the end of one Convention , they name the time and place for the next . In these Burghs there is a Provost , who has the chief Power ; and there are four Bailiffs that are next to him in the Government : there is also a Dean of Gild , who is the chief Judge among the Merchants , likewise a Treasurer , and a Common Council ; the one half of which is chosen yearly by the Merchants , the other half by the Tradesmen ; who have likewise a Court of their own , in which there is one from every Trade , who is called the Deacon of the Trade , and a Deacon Conveener , who is their President , and calls a Meeting of them when he pleases . Those Deacons are chosen yearly by all the Freemen of their Trade , and have a little Jurisdiction over them . There are in most Burghs great Animosities and Factions between the Merchants and Tradesmen . The Burghs of Regality are the Towns where these Lords hold their Courts . The chief Magistrates are named by the Lord , the rest they chuse themselves . They have also great Freedoms , little inferiour to the Royal Burghs ; onely they have no Commissioners in Parliament . The Burghs of Barony are Mercat-Towns , where the Lord of the Barony names some of their Magistrates , and the Corporation chuses the rest . In all these Burghs the Magistracy is no matter of burthen nor charge , but of Power and Advantage ; from whence arise great Factions almost in them all . A Catalogue of the Free CORPORATIONS or Royal BVRGHS in SCOTLAND . Edinburgh , in Lothian . Linlithgow , in Lothian . Hadington , in Lothian . North-Berwick , in Lothian . Dumbar , in Lothian . Saint Andrews , in Fife . Cowper , in Fipe. Dunfermlin , in Fipe. Kirkaldy , in Fipe. Craill in Fipe. Anstruther , in Fipe. Pittenweem , in Fipe. Dysert , in Fipe. Earles-ferry , in Fipe. Kinghorn , in Fipe. Burnt-Island , in Fipe. Culross , in Fipe. Clackmannan , in Fipe. Queens-ferry , in Fipe. Dundee , in Augus . Montross , in Augus . Forfar , in Augus . Brichen , in Augus . Arbroath , in Augus . Kirkubright , in Galloway . Wigton , in Galloway . Whithorn , in Galloway . Stranraver , in Galloway . Glasgow , in Clidisdail . Lanerick , in Clidisdail . Elgin , in Murray . Nairn , in Murray . Forres , in Murray . Ranfrew , in Ranfrewshire . Pasley , in Ranfrewshire . Ruglen , in Ranfrewshire . Aberdene , in Mar. Kintor , in Mar. Bamff , in Boyn . Cullen , in Boyn . Innerness , in Ross . Tayne , in Ross . Air , in Kyle . Irwing , in Cunninghame . Rothsay , in Bute . Dumbarton , in Lennox . Innerara , in Argile . Jedburgh , in Teviotdail . Peeblis , in Tweeddail . Selkirk , in Forrestshire . Striveling , upon Forth . Dumblane , in Menteith . Innerkeithing , in Fife . Dornoch , in Sutherland . Annand , in Annandail . Dumfreis , in Nithisdail . Sanqbuar , in Nithisdail . Bervie , in Mernis . Innerowrie , in Gareoch . The People of Scotland are naturally candid and honest , stout and resolute , which makes them so much valued beyond the Seas , the onely School of War to them since the happy Conjunction of this Island under one King. They naturally love their King. The Nobility have great Power , chiefly in the High-lands , where their Families ( commonly called Clannes ) depend absolutely upon the head of the Name , whom they commonly call their Chief . But the great Power of the Nobility of late years is much abated , yet they are still very considerable . The Property of the Subject is fully secured by Law : and though the King has great Prerogatives , yet the People have also great Liberties and Freedoms . The COMMISSIONERS that have represented our KINGS since K. JAMES was settled on the Throne of England were as follows . KING JAMES the VI. John Grabame , Earl of Montross , Commissioner , 1604. George Hume , Earl of Dumbar , Commissioner , 1606. George Keith , Earl Marischal , Commissioner , 1609. Alexander Seaton , Earl of Dunfermlin , Commissioner , 1612. James Hamilton , Marquess of Hamilton , Commissioner , 1621. Anno 1625. KING CHARLES the I. Crowned Anno 1633. James Hamilton , Marquess of Hamilton , Commissioner , 1638. John Stewart , Earl of Traquair , Commissioner , 1639. James Grahame , Marquess of Montross , Governour , 1644. Anno 1649. KING CHARLES the II. Crowned Anno 1651. John Middleton , Earl of Middleton , Commissioner , 1660. John Leslie , Earl of Rothes , Commissioner , 1663. John Maitland , Duke of Lauderdail , Commisioner , 1669. A Catalogue of the CHANCELLOVRS of the Kingdom , since the year 1198. collected out of Histories . 1198. William Malvoisin , Bishop of Glasgow . 1220. William de Boseo , Bishop of Dumblane . 1226. Matthew Kinninmouth , Bishop of Aberdene . 1239. William Babington , Bishop of Glasgow . 1247. — Abbot of — 1248. Richard of Innerkeithing , Bishop of Dumblane . 1259. Gamelinus , Bishop of Saint Andrews . 1273. William Wishart , Bishop of Glasgow . 1280. William Fraser , Bishop of Saint Andrews . 1298. Maurice , Bishop of the Isles . 1363. Adam , Bishop of Brichen . 1372. Patrick , Bishop of Brichen . 1380. John Lyon , Lord Glammes . 1390. Gilbert Grimlaw , Bishop of Aberdene . 1409. William Lawder , Bishop of Glasgow . 1434. John , Bishop of Brichen . 1436. Sir William Creighton of Creighton . 1444. James Bruce , Bishop of Dunkeld . 1448. Patrick Lyon , Lord Glammes . 1453. William Sinclare , Earl of Orkney . 1463. George Shorswood , Bishop of Brichen . 1474. John Lang , Bishop of Glasgow . 1476. Andrew Stewart , Lord Evendail . 1484. William Elphingston , Bishop of Aberdene . 1494. Archbald Douglas , Earl of Angus . 1497. George Gordon , Earl of Huntlie . 1502. James Stewart , Archbishop of Saint Andrews . 1512. Alexander Stewart , Archbishop of Saint Andrews . 1518. James Beaton , Archbishop of Glasgow . 1526. Gawin Dumbar , Archbishop of Glasgow . 1534. William Stewart , Bishop of Aberdene . 1539. Cardinal David Beaton , Archbishop of Saint Andrews . 1561. George Gordon , Earl of Huntlie . 1563. James Douglas , Earl of Morton . 1567. George Gordon , Earl of Huntlie . 1570. James Douglas , Earl of Morton again . 1572. Archbald Campbell , Earl of Argile . 1575. John Lyon , Lord Glammes . 1578. John Stewart , Earl of Athol . 1579. Coline Campbell , Earl of Argile . 1584. James Stewart , Earl of Arran . 1591. John Maitland , Lord of Thirlstane . 1598. John Grahame , Earl of Montross . 1604. Alexander Seaton , Earl of Dunfermlin . 1622. George Hay , Earl of Hinnoule . 1635. John Spotiswood , Archbishop of Saint Andrews . 1641. John Campbell , Earl of Lowdoun . 1660. William Cunnighame , Earl of Glencairn . 1665. John Leslie , Earl of Rothes , present Lord High Chancellour of Scotland , 1676. Writers of the Scotish History . COrnelius Hibernicus . Veremundus , a Spaniard , Archdeacon of Saint Andrews , wrote the History of the Nation from its original till the reign of King Malcolm the Third . Joannes à Campo Bello , or Campbell . Turgot , Prior of Durham , and Bishop of Saint Andrews , wrote the Lives of King Malcolm Canmoir and of his Queen Margaret . Liber Sconae , a Chronicle written by the Monks of Scoon . Liber Pasletensis , the Black Book of Paislay , a Chronicle written by the Monks of Paislay . Liber Pluscartensis , a Chronicle wriiten by the Monks of Pluscardy . One Blind Henry wrote the History of Sir William Wallace in Scotish Meeter . John Barbour , Archdeacon of Aberdene , did write the Life of King Robert Bruce in Scotish Meeter . John Major , Provost of Saint Salvator's Colledge in Saint Andrews , wrote the History of the Nation . William Elphingston , Bishop of Aberdene , wrote a Treatise of the Scotish Antiquities . Hector Boeth , or Boyes , Principal of the King's Colledge of Aberdene , wrote the History of the Nation till the Reign of King James the First ; continued till the Reign of King James the Sixth by John Ferrerius a Piemontoise , a Monk of Pluscardy . John Balenden , Archdeacon of Murray , did translate Boyes History into English . George Buchanan , Schoolmaster to King James the Sixth , wrote the History of the Nation till the year 1572. Robert Johnston wrote a continuation of the Scotish History from the year 1572. to the year 1628. in Latin , Folio . John Leslie , Bishop of Ross , wrote the History of the Nation till the year 158 — . Raphael Holinshed , wrote the History of the Nation till the Reign of King James the Sixth , centinued by Francis Thin . William Cambden wrote a Description of the Kingdom . John Dempster wrote an Introduction to the Scotish History . David Chalmer wrote a Treatise of the Scotish Saints . David Hume of Godscroft did write the History of the Earls of Douglas and Angus . William Drummond of Hawthornden , did write the Lives of the Five King Jameses . William Sanderson wrote the Lives of Queen Mary , King James the Sixth , and King Charles the First . John Spotiswood , Archbishop of Saint Andrews , did write the History of the Church of Scotland , from the first Plantation of the Christian Faith therein , till the death of King James . George Wishart , Doctour of Divinity , did write the Actions of James Marquess of Montross . Robert Gordon of Stralogh did write the Theatrum Scotiae , being a Description of the whole Kingdom , with the Maps of every particular Country , Printed by John Janson Bleaw at Amsterdam ; a very excellent Work. The Mercenary Printer did him a double injury . First , in printing with his Book , Buchanan's Seditious Pamphlet de Jure Regni apud Scotos ; it being sufficiently known that the Authour was of no such Principals , but always loyal . Then , in Dedicating that Work to the Usurper O. Cromwell ; whereas the Authour sent over to the Printer , a Dedication of his Book to His most Sacred Majestie , at that time Prince of Wales : and the Copy of that Dedication , written with his own hand , is yet in the custody of his Son , the Reverend James Gordon , Parson of Rothinay . Thus much I thought fit to say in vindication of that worthy Gentleman , who was one of the most learned persons of the Age he lived it . Dempster , in his Apparatus to the Scotish History , has promised a great many things to the World which he never performed : some have thought , that he onely amused people by the undertaking he mentions in that Book : Others believe that he knew of a great many Scotish Manuscripts beyond the Seas , which were carried thither by Monks and Friers at the Reformation . In most Religious houses there was a Chronicle written of the times , divers of which I have seen , that yet remain in Scotland , some written in rithme , English and Latine , some in prose : but there cannot be much made out of them , they being full of Legends and Idle stories . There are besides , very considerable Manuscripts in Scotland , that relate to private Families ; but give an account of several publick Transactions : as , the History of the Families of the Drummonds , the Gordons , &c. But for a publick History of the Kingdom , there is little more to be expected of past times , then what hath been already published : for as when Edward the First conquered Scotland , he carried the Records and Registers of that Kingdom with him to London , so in the late Invasion , Cromwell thought it a very valuable pledge of the Scotish Nation to send up to the Tower of London , all the publick Records , Rolls , and Registers of the Kingdom , which lay there till His MAJESTY's happy Restauration : after which , by the KING's Orders , they were sent down by Sea , to be laid up in the Castle of Edinburgh ; but the Ship that was loaded with them was cast away near the Holy Island . So they were all irrecoverably sunk and lost : Therefore we must rely upon the credit of our ancient Historians , since there are no means left to correct them by . A compleat Catalogue of the BISHOPS and ARCHBISHOPS succeeding each other in their several SEES . Bishops in SCOTLAND before its division into Dioceses . 277. 1. Amphibalus 370. 2. Regulus 450. 3. Ninian 460. 4. Palladius 490. 5. Hildebert 606. 6. Columba 520. 7. Servanus 650. 8. Colman 669. 9. Adamannus 689. 10. Wiro 681. 11. Plechelmus 700. 12. Bonifacius 700. 13. Macharius 700. 14. Glacianus 700. 15. Gervadius 496. 16. Trevanus . 600. Thomianus Chromonus Dagamus Bathanus Bishop Bishops and Archbishops of SAINT ANDREWS . 840. 1. Adrian 872. 2. Kellach 896. 3. Malifius 904. 4. Kellach 2 d. 939. 5. Malmore 6. Malifius 2 d. 7. Alwinus 8. Maldwin 970. 9. Tuthaldus 10. Fothadus 1010. 11. Gregorius 12. Edmundus 1063. 13. Turgot 1098. 14. Godricus 1110. 15. Eadmerus 1114. 16. Robert 1159. 17. Arnold 1161. 18. Richard 1178. 19. Hugo 1188. 20. Roger * 1202. 21. William Malvoisin , Lord Chancellour . 1231. 22. David Benham 1251. 23. Abel 1253. 24. Gamelinus , Lord Chancellour . 1274. 25. William Wishart 1280. 26. William Fraser , Lord Chancell . 1300. 27. William Lamberton 1328. 28. James Bane 1332. 29. William Landels 1385. 30. Stephen 1386. 31. Walter Trail 1401. Vacat Sedes annis . 13. 1409. 32. Henry Wardlaw 1444. 33. James Kennedy * 1466. 34. Patrick Grhame , first Archbishop * . 1478. 35. William Sbevez 1497. 36. James Stewart * 1503. 37. Alexander Stewart * 1513. 38. Andrew Forman 1522. 39. James Beaton , Lord Chancell . 1539. 40. David Beaton , Chardinal and Lord Chancellour . 1545. 41. John Hamilton 1572. 42. John Douglas 1575. 43. Patrick Adamson 1591. Vacat Sedes annis 15. 1606. 44. George Gladstanes 1615. 45. John Spotiswood , Lord Chanc , 1639. Vacat Sedes annis 23. 1662. 46. James Sharp . Bishops of DVNKELD . 1130. 1. Gregorius 1172. 2. Richard 1176. 3. Cormacus 1180. 4. Walder de Bidden 1186. 5. John Scot 1206. 6. Richard Provand 1213. 7. John Leicester * 1217. 8. Hugo de Sigillo 1226. 9. Matthem , Lord Chancellour . 1236. 10. Galfride Liverance 1249. 11. Richard 1250. 12. Richard of Jennerkething , Lord Chancellour . 1272. 13. Robert Sutevile 1300. 14. Matthew 1312. 15. William Sinclare 1338. 16. Duncan 1364. 17. Michael of Monimusk . 1376. 18. John Peeblis 1396. 19. Robert Carden 1436. 20. Donald Macknaugtan 1437. 21. James Kennedy * 1439. 22. Alexander Lawder 1441. 23. James Bruce , Lord Chancellour . 1447. 24. John Ralston 1450. 25. Thomas Lawder 1476. 26. James Levington 1484. 27. George Brown 1514. 28. Gawan Dowglas * 1522. 29. George Creighton 1572. 31. Robert Creighton 1572. 31. James Patton 1603. 32. Peter . 1607. 33. James Nicolson 34. Alexander Lindsay 1662. 35. George Haliburton 1665. 36. Henry Guthry Bishops of ABERDENE . 1010. 1. Beanus 1040. 2. Bornotius 1082. 3. Cormachus 1121. 4. Nectanus 1154. 5. Edward 1163. 6. Matthew Kinninmouth . 1197. 7. John 1206. 8. Adam 1227. 9. Matthew , Lord Chancellour . 1228. 10. Gilbert Striveling 1239. 11. Radolph 1246. 12. Peter Ramsay 1256. 13. Richard Pottock 1269. 14. Hugh Benham 1281. 15. Henry Cheen * 1329. 16. Alexander Kinninmouth 1341. 17. William Deyn 1351. 18. John Rait 1357. 19. Alexander Kinninmouth 1380. 20. Adam Cunninghame 1390. 21. Gilbert Greinlaw , Lord Chancellour . 1424. 22. Henry Leighton 1441. 23. Ingram Lindsay 1457. 24. Thomas Spence 1480. 25. Robert Blaceader 1484. 26. William Elphingston , Lord Chancellour . 1514. 27. Alexander Gordon 1518. 28. Gawan Dumbar 1532. 29. William Stewart , Lord Chan. 1546. 30. William Gordon 1579. 31. David Cunninghame 1603. 32. Peter Blackburn 1615. 33. Alexander Forbes 1618. 34. Patrick Forbes 1635. 35. Adam Ballanden 1662. 36. David Mitchel 1663. 37. Alexander Burnet 1664. 38. Patrick Scougal Bishops of MVRRAY . 1150. 1. William 1171. 2. Simon 1184. 3. Richard 1203. 4. Brieius 1227. 5. Andrew 1247. 6. Simon 1256. 7. Archbald 1303. 8. David Murray 1330. 9. John Pilmore 1367. 10. Alexander Barre 1397. 11. William Spinie 1406. 12. John Innes 1414. 13. Henry Leighton 1424. 14. Columba Dumbar 1434. 15. John Winchester 1448. 16. James Stewart 1450. 17. David Stewart 1464. 18. William Tulloch 1469. 19. Andrew Stewart * 1488. 20. Andrew Forman 1513. 21. James Hepburn 1528. 22. Robert Schaw 1530. 23. Alexander Stewart * 1537. 24. Patrick Hepburn 1573. Vacat Sedes annis 33. 1606. 25. Alexander Douglas 26. John Guthry . 1662. 27. Murdo Machenzie . Bishops of BRICHEN . 1260. 1. Edward 2. Turpinius 3. Rodolphus 4. Hugo 5. Gregorius 1275. 6. William 1311. 7. John 1363. 8. Adam , Lord Chancellour . 1372. 9. Patrick , Lord Chancellour . 1384. 10. Stephen 1414. 11. Walter Forrester 1434. 12. John , Lord Chancellour . 1463. 13. George Shoreswood , Lord Chancellour . 1483. 14. John 1500. 15. Walter Meldrum 1542. 16. John Hepburn 1556. 17. Henry Sinclare 1567. 18. — Campbell 1606. 19. Andrew Lamb 1619. 20. David Lindsay 1634. 21. Walter Whitfurd 1662. 22. David Straughan 1671. 23. Robert Lowry Bishops of DVMBLANE . 1160. 1. Jonathus 1203. 2. Simon 1210. 3. Abraham 1218. 4. William de Boseo , Lord Chan. 5. Osbert 1233. 6. Clement 1256. 7. Robert 8. Alpin 9. Nicolaus 10. Maurice 11. William 1363. 12. Walter Cambuslang 1400. 13. Finlaw 1419. 14. William Stephen 15. Michael Ochiltrie 16. Robert Lawder 1471. 17. John Hepburn 1508. 18. James Chisholme 1534. 19. William Chisholme 1572. 20. Anhrew Grhame * 1615. 21. Adam Ballanden 1635. 22. James Wedderburn 1662. 23. Robert Leighton 1671. 24. James Ramsay Bishops of ROSS . 1132. 1. Gregorius 2. Reynaldus 1213. 3. Andrew Murray 4. Robert 1274. 5. Matthew 6. Thomas Dundie 7. Roger 8. Alexander 9. Thomas Vrqhuart 10. Alexander Kilbuines 11. William Bullock 12. Thomas Tulloch 13. Henry Cockburn 14. James Woodman 15. Thomas Hay * 16. John Guthry 17. John Fraser * 18. Robert Cockburn 19. William Elphingston 1481. 20. James Hay * 1534. 21. Robert Carncross 1544. 22. David Panter 1550. 23. Henry Sinclare 1564. 24. John Leslie 1597. 25. David Lindsay 1614. 26. Patrick Lindsay 27. John Maxwell 1662. 28. John Paterson Bishops of CAITHNES . 1066. 1. S. Darrus 1110. 2. Andrew 3. John 4. Adam 1223. 5. S. Gilbert Murray 1245. 6. William 1261. 7. Walter 1271. 8. Archbald 1288. 9. Andrew 1301. 10. Ferqbuard 1328. 11. David 1348. 12. Thomas Fingask 1360. 13. Alexander 1404. 14. Malcolm 1421. 15. Robert Strabock 1440. 16. John Innes 1448. 17. William Mudie 1460. Vacat Sedes annis 24. 1484. 18. Andrew Stewart 1517. 19. Andrew Stewart * 1542. 20. Robert Stewart * 1586. Vacat Sedes annis 13. 1599. 21. George Gladstanes P606 . 22. Alexander Forbes 1617. 23. John Abernethy 1662. 24. Patrick Forbes Bishops of ORKNEY . 1390. 1. William 1450. 2. William Tulloch 1468. 3. William 4. Andrew 1498. 5. Edward 1530. 6. Robert Maxwell 1546. 7. Robert Reid 1559. 8. Adam Bothwell 1569. 9. Robert Stewart * 1606. 10. James Law 1615. 11. Andrew Grhame * 12. George Grhame 1639. 13. Robert Barron Elect. 1662. 14. Thomas Sydserfe 1665. 15. Andrew Honniman Bishops of EDINBVRGH . 1633. 1. William Forbes 1634. 2. David Lindsay 1662. 3. George Wishart 1671. 4. Alexander Young Bishops and Archbishops of GLASGOW . 599. 1. S. Mungo 1129. 2. John Achaian 1146. 3. John 4. Herbert 5. Angelramus , Lord Chancel . 6. Joceline 7. Eugenius 8. Hugo , Lord Chancellour . 9. William Malvoisin 1200. 10. Florentius * 1207. 11. Walter 1234. 12. William Babington , Lord Chan. 1261. 13. John de Chyan 1268. 14. Nicolas Mossat 1270. 15. William Wishart , Lord Chancel . 1274. 16. Robert Wishart 1316. 17. John Lindsay 1325. 18. Stephen Dundie 19. John Wishart 20. William Rae 1367. 21. Walter Wardlaw , Cardinal . 1387. 22. Matthew Glendunning 1408. 23. William Lawder , Lord Chanc. 24. John Cameron 1446. 25. James Bruce 26. William Turnbull 27. Andrew Moorehead 28. John Lang , Lord Chancellour . 1481. 29. Robert Blaccader , first Archbish . 1500. 30. James Beaton 1522. 31. Gawan Dumbar , Lord Chanc. 1552. 32. James Beaton 1572. 33. James Boyd 1581. 34. Robert Montgomery 1587. 35. William Erskine Vacat Sedes James Beaton restored 1603. 36. John Spotiswood 1615. 37. James Law 1634. 38. Patrick Lindsay 1662. 39. Andrew Fairfoul 1664. 40. Alexander Burnet 1670. 41. Robert Leighton 1674. Alexander Burnet restored Bishops of GALLOWAY . 450. 1. S. Ninian 681. 2. Pleehelmus 740. 3. Frithwaldus 768. 4. Pethumus 778. 5. Ethelbert 6. Radulpbus 7. John 1440. 8. Thomas Spence 9. David 10. Alexander 11. Henry 12. George 1550. 13. Andrew Dury 1557. 14. Alexander Gordon 15. Gawan Hamilton 1615. 16. William Cowper 1619. 17. Andrew Lamb 18. Thomas Sydserfe 1662. 19. James Hamilton 1974. 20. John Paterson Bishops of ARGILE . 1200. 1. Evaldus 2. William 1240. 3. William 1350. 4. David 1425. 5. Finlaw 6. George Learmouth 7. Robert Montgomery 8. — Boyd 9. — Campbell 10. — Kerswell 1636. 11. James Fairlis 1662. 12. David Fletcher 1666. 13. William Scrowgie 1675. 14. Arthur Ross Bishops of the ISLES . 277. 1. Amphibalus 518. 2. Macilla 3. Michael 1203. 4. Nicolas 1217. 5. Reginald 1257. 6. Richard 1289. 7. Onacus 8. Mauricius 9. Marcus , Lord Chancellour . 1606. 10. Andrew Knox 11. John Knox 1630. 12. John Leslie 13. Neil Campbell 1662. 14. Robert Wallace Vacat Sedes . Those Bishops who have been the Sons of Kings , &c. or Noblemen , are marked with an Asterisk * . ADDENDA . Pag. 4. after the Bishops of Edinburgh , adde , The Arms of the See of Edinburgh are , Azure , a Saltier Argent , in Chief a Miter of the Second , garnished Or. Pag. 8. after the Bishops of Ross , adde , The Arms of the Bishoprick of Ross are , Argent , a Bishop standing on the Sinister , habited in a long Robe close girt , Purpure , Mitred and holding in his left hand a Crosier Or , and pointing with the right to S. Boniface on the Dexter side , clothed , and both his Hands placed on his Breast , Proper . Pag. 10. after the Bishops of Galloway , adde , The Coat Armorial belonging to the See of Galloway is , Argent , S. Ninian standing full-faced Proper , cloathed with a Pontifical Robe Purpure , on his head a Miter , and in his Dexter hand a Crosier , Or. Ibid. in the Bishops of Argile , adde , Then was — Boyd promoted to this See , An. 162 — who , as he was descended from one of the Noblest families in the Kingdom , being Brother to the Lord Boyd , so he was a very Extraordinary person : he found his See full of Ignorance and Barbarity , scarce any Churches or Schools in it ; and in many places the very Name of Christ was not known : he set himself wholly to the Work of the Gospel , and planted many Churches : he resided constantly in his Diocese . and was a great Example of Piety and Vertue . And for all the prejudices that are in these parts against that Order , yet he is never named among them to this day but with great honour as an Apostolical person . Ibid. after the Bishops of Argile , adde , The Arms of the See of Argile are , Azure , two Crosiers disposed in Saltier , and in Chief a Miter , Or. THE END . A Catalogue of some Books Reprinted , and of other New Books printed since the Fire , and sold by R. Royston , viz. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . THe WORKS of KING CHARLES I. Defender of the Faith. With the History of His Life : as also of His Trial and Martyrdom . Books written by H. Hammond , D.D. A Paraphrase and Annotations upon all the Books of the New Testament in Folio . Fourt Edition . The Works of the said Reverend and Learned Authour , containing a Collection of Discourses chiefly Practical , with many Additions and Corrections from the Authour 's own hand ; together with the Life of the Authour , enlarged by the Reverend Doctour Fell , Dean of Christ-Church , in Oxford . In large Folio . Books written by Jer. Taylor , D.D. and late Lord Bishop of Down and Connor . Ductor Dubitantium , or , The Rule of Conscience , in Five Books , in Fol. The Great Exemplar , or , The Life and Death of the Holy Jesus , in Fol. with Figures sutable to every Story , ingrav'd in Copper : Whereunto is added , The Lives and Martyrdoms of the Apostles , by Will. Cave , D.D. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or , A Collection of Polemical Discourses addressed against the Enemies of the Church of England , both Papists and Fanaticks , in large Folio . Third Edition . The Rules and Exercises of Holy Living and Holy Dying . The Eleventh Edition , newly printed , in Octavo . Books written by the Reverend Dr. Patrick . The Christian Sacrifice : A Treatise shewing the Necessity , End and Manner of receiving the Holy Communion : together with sutable Prayers and Meditations for every Month in the Year ; and the Principal Festivals in Memory of our Blessed Saviour . In Four Parts . The Third Edition corrected . The Devout Christian instructed how to Pray and give Thanks to God : or , A Book of Devotions for Families , and particular Persons , in most of the concerns of Humane life . The Second Edition , in Twelves . An Advice to a Friend : the Third Edition , in Twelves . A Friendly Debate between a Conformist and a Nonconformist : in Octavo , Two Parts . Jesus and the Resurrection justified by Witnesses in Heaven and in Earth : in Two Parts , in Octavo , New. The Works of the Learned Mr. Joseph Mede , in Folio . The Fourth Edition . Memoyres of the late Duke Hamilton , or , A Continuation of the History of the Church of Scotland , beginning in the year 1625. where Bishop Spotswood ends , and continued to the year 1653. Fol. New. The Lives of the Apostles in Folio alone : by William Cave , D.D. Chirurgical Treatises ? by R. Wiseman , Serjeant-Chirurgeon to His Majesty , Fol. New. XXXI . Sermons , by Charles Gibbes , D.D. Prebendary of Saint Peter's Westminster , in Quarto , New. The End of the Catalogue . Notes, typically marginal, from the original text Notes for div A50800-e1020 An. Christi 1546. 1556. 1558. 1571. 1637. 1660 1662 3. Sess . 1. Par. Car. 2. Notes for div A50800-e29480 15. Par. Jac. 5. c. 25. Title 8. by Sir John Skeen . 1. Parl. Jac. 6. c. 8. Anno 1567. Act 1.2 . Par. held by the Duke of Lauderdail . a The Laws of Alex. 2.1 . Par. Jac. 1. cap 4. 13. Par. Jac. 2. cap. 57. b 1. Parl. Car. 2. third Session , Act 25. 2. Par. Car. 2. Act 2. c 1. Parl. Car. 2. third Session , Act 26. Parl. 7. c. 101. Parl. 11. Jac. 6. c. 113. Par. 8. Jac. 6 cap. 130 
A50542	----	Jus regium, or, The just, and solid foundations of monarchy in general, and more especially of the monarchy of Scotland : maintain'd against Buchannan, Naphthali, Dolman, Milton, &c. / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. 1684 Approx. 253 KB of XML-encoded text transcribed from 104 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50542 Wing M162 ESTC R39087 18211783 ocm 18211783 107155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50542) Transcribed from: (Early English Books Online ; image set 107155) Images scanned from microfilm: (Early English books, 1641-1700 ; 1127:23) Jus regium, or, The just, and solid foundations of monarchy in general, and more especially of the monarchy of Scotland : maintain'd against Buchannan, Naphthali, Dolman, Milton, &c. / by Sir George Mackenzie ... Mackenzie, George, Sir, 1636-1691. Mackenzie, George, Sir, 1636-1691. That the lawful successor cannot be debarr'd from succeeding to the crown. [4], 102 [i.e. 154], [4], 60, 16 p. Printed by the heir of Andrew Anderson ..., Edinburgh : 1684. Includes, with special t.p.: That the lawful successor cannot be debarr'd from succeeding to the crown, maintain'd against Dolman, Buchannan, and others. Dolman is the pseud. of Robert Parsons. Addendum: 16 p. at end. Errata : t.p. verso. Reproduction of original in the University of Illinois (Urbana-Champaign Campus). Library. 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Scotland -- Kings and rulers -- Succession. 2004-03 TCP Assigned for keying and markup 2004-04 SPi Global Keyed and coded from ProQuest page images 2004-06 Jonathan Blaney Sampled and proofread 2004-06 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion IVS REGIVM : Or , the Just , and Solid FOUNDATIONS OF MONARCHY In General , and more especially of the MONARCHY of SCOTLAND : Maintain'd against Buchannan , Naphthali , Dolman , Milton , &c. BY Sir GEORGE MACKENZIE , His Majesties Advocat . 1 Sam. 10.26 , 27. 26. And there went with Saul a band of men , whose hearts God had touched . 27. But the Children of Belial said , how shall this man save us ? and they despis'd him , and brought him no presents , but he held his peace . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1684. The Design . BVchannans Book De Iure Regni being lately Translated , and many Copies dispers'd . His Majesties Advocat , in Duty to the King , and Compassion to the People , who are thus like to be poison'd , has Written this Answer , which was necessary , notwithstanding of the Learn'd Answers made by Barclay and Blackwood , since beside that theirs are in Latin , and so not useful to the people , it is conceiv'd they understood not fully our Law , nor was our Law so clear then as now . Many Arguments have been invented since their time by Dolman , Milton , Nephthaly , &c. And Experience has open'd our Eyes much since their time . Blackwoods Arguments are Calculated for the Romish Church , and Barclay has mistaken essential Points . Theirs run upon History and Philology . This upon our Law , the Laws of Nations , Reason and Conveniency . And I am afraid , it will be said that there are too many new thoughts in mine . ERRATA . Page 90. For Pliny Read Tacitus . TO THE UNIVERSITIE OF OXFORD . THe King my Master , and His Royal Brother , being by their natural goodness inclin'd to Pardon all Crimes , except Flattery ; and by their Modesty to think all that Flattery , which can be justly said of them . I could not in prudence Dedicat this Book to Them , since the first Part of it , concerns the Right of the Monarchy : and the second the Right of the Successor . And therefore ( since to Support a Crown , is the next Honour to the Bearing it ) this Dedication was due to you , who have both in the last Rebellion , and this Factious Age , maintain'd the Royal Interest , so learn'dly , and generously . Your late Decisions against the Fanaticks , have almost made my Reasonings useless ; for your Authority will weigh as much as any privat mans Arguments . And what should have more credit amongst men , than an illustrious Company of Learn'd and pious Divines , deciding for their Duty , and Conscience against their Interest and Vanity . Men who wish for no Crown save in Heaven ; and desire no power save over their own Lusts and Passions . To the Episcopal Church , God hath fulfilled that promise , of making Kings their Nursing Fathers , The true Heirs and best Scholars of the Primitive Church , happier than it , in this ▪ that they can practise its vertues , without its necessities , and need not Poverty to make them humble , nor Armies to make them Loyal . And who in it are so happy as you , who can be submissive , without being Slaves , Firm , without being Opiniatre . Zealous , without being Cruel , and Pious , without being Bigot . To whom I cannot wish greater blessings , than that your Fame may grow as great as your Loyalty ; That your Vniversitie may continue prosperous , till an other grow more Learn'd ; and that all honest men , may be as ready to serve you , as Your sincere Welwisher , and humble Servant , Geo. Mackenzie . THE Just Right OF MONARCHY In General , but more especially of the KINGS of SCOTLAND , asserted against Buchannan and others . LVCIFER might in Reason have contented himself with that share of Knowledge , Glory , and Power , which was bestowed upon him , by his Almighty , and Bountiful Soveraign . And Adam should have rested satisfied , with the Glory of having been made after the Image of God , and with the being his Lieutenant in this lower World. But there are such strong Charms in Ambition , and Vanitie , that the one resolved to hazard all that he possessed , as being second , rather than not try if he could be the first , and the other , desiring to improve his present share , forefeited those Excellencies which he enjoyed . How jealous then should frail and fallen man be , in debates with those , whom the Almighty has appointed to be his Vicegerents amongst them ; and to whom he has said , Ye are Gods. And how hard is it for us to Conquer that Vice , which the one could not resist , though he was all Light , and the other though he was all Innocence ? What Nations under Heaven were so happie as we , under the Reign of King Charles the First ? Secure against all Invasion from abroad , by the situation of our Countrey ; and from all Oppression at home , by its Laws , and the gracious Concessions of our excellent Monarchs : But more especially in that Age , by the innat Vertues of that King , who was severe to none , but to himself ; and whose Prerogatives , no Laws could bound so much as His own Goodness did . And yet wearie with the burden of our own prosperity , we lusted after new improvements of Liberty and Property : And after we had emptied our own Veins , and Purses , in fighting for these ; all we gained , was to be Slaves , and Beggars . And having kill'd for Religion a King , who had more of it , than all who fought against him ; we split our own Church into a thousand pieces , and from its murthered Body , did arise those Sectarians , like so many Worms , and Insects . But yet God Almighty desiring to try us once more , and make us for ever inexcusable , did not only deliver us from that Slavery that we had drawn upon our selves ; but because we were all Crimes , he gave us a King who was all Clemencie , and who deserves to have been Elected , if he had not been born our King : And yet after that he had also condescended to all our new Extravagancies , and that by His Conduct , all Sciences flourish , and Trade is so increased , that Riches are become a Plague . We are now troubled with Jealousies , because we can be troubled with nothing else : And murmuring against the gentlest and best of Kings , we are tormented daily with Apparitions , Visions , Plots , Pamphlets and Libels . But under whom can we expect to be free from Arbitrary Government , when we were , and are afraid of it under King Charles the First , and King Charles the Second ? And what King , or Government , can be secure from those , who Conspire the death of this most merciful Prince , and of this so ancient , and so well moulded Government ? Amongst the other wicked Instruments in these Rebellions , I must confess that our Countrey-men Buchannan ( one of the chief Ornaments , and Reproaches of his native Countrey ) the Authors of Lex Rex , Naphtali , and Ius Populi Vindicatum , have been Ring-leaders , who have endeavoured extreamly to poison this Nation by perswading the People : 1. That our Monarchs derive their Rights from them . 2. That therefore since they derive their Right from the People , they are accountable to them for for their Administration , and consequently they may be suspended or deposed by them . 3. That the People may Reform without them , and may rise in Arms against them , if the Monarch hinder them to Reform . 4. That the People or their Representatives may seclude the Lineal Successor , and raise to the Throne any of the Royal Family who doth best deserve the Royal Dignity . These being all matters of Right , the plain and easie way which I resolve to take for refuting them , so as the learned and unlearned may be equally convinced , shall be first , by giving a true account of what is our present positive Law. 2. By demonstrating that as our present positive Law is inconsistent with these Principles , so these our positive Laws are excellently well founded upon the very nature of Monarchy , and that those Principles are inconsistent with all Monarchy : And the third Class of my Arguments shall be from the Principles of common Reason , Equity and Government , abstracting both from the positiveness of our Law , and the nature of our Monarchy : And in the last place I shall answer the Arguments of those Authors . As to the first , I conceive that a Treatise De Iure Regni apud Scotos , should have clear'd to us what was the power of Monarchs by Law , and particularly what was the positive Law of Scotland as to this point ; for if these points be clear by our positive Law , there is no further place for debate , since it is absolutely necessary for Mankind , especially in matters of Government , that they at last acquiesce in something that is fix'd and certain , and therefore it is very well observed by Lawyers and States-men , that before Laws be made , men ought to reason ; but after they are made , they ought to obey : which makes me admire how Buchannan and the other Authors that I have named , should have adventur'd upon a Debate in Law , not being themselves Lawyers ; and should have written Books upon that Subject , without citing one Law , Civil , or Municipal , pro or con : Nor is their Veracity more to be esteemed than their Learning ; for it 's undenyable that Buchannan wrot this Book De Iure Regni , to perswade Scotland to raise his Patron , though a Bastard to the Crown : and the Authors of Lex Rex , Ius Populi Vindicatum , and others , were known to have written those Libels from picque against the Government , because they justly suffered under it . I know that to this it may be answered , That these Statutes are but late , and were not extant in Buchanans time , and consequently Buchanan cannot be Redargu'd by them . 2. That these Statutes have been obtain'd from Parliaments , by the too great influence of their Monarchs , and the too great Pusillanimity of Parliaments , who could not resign the Rights and Priviledges of the People , since they have no Warrand from them for that effect . To the first of which , I answer , that my Task is not to form an Accusation against Buchanan , but against his Principles , and to demonstrat , that these Principles are not our Law , but are inconsistent with it , and it is ridiculous to think , that any such Laws should have been made , before these Treasonable Principles were once hatched and maintained , for Errors must appear before they be condemned : and by the same Argument it may be as well urged , that Arius , Nestorius , &c. were not Hereticks ; because those Acts of General Councils , which condemned their Heresies , were not extant , when they first defended those opinions ; and that our King had not the power of making Peace and War , till the Year 1661 : But , 2 dly , For clearing this Point , it is fit to know that our Parliaments never give Prerogatives to our Kings , but only declare what have been their Prerogatives , and particularly in these Statutes that I shall Cite , the Parliament doth not Confer any New Right upon the King , but only acknowledge what was Originally his Right and Prerogative from the beginning , and therefore the Parliament being the only Judges who could decide whether Buchannans Principles were solid , and what was Ius Regni apud Scctor . These Statutes having decided those points contraverted by him , there can be hereafter no place for Debate , and particularly as to Buchannan , his Book De jure Regni apud Scotos , it is expresly condemn'd as Slanderous , and containing several offensive Matters by the 134 Act , Parl. 8. Ia. 6. in Anno 1584. which was the first Parliament that ever sat after his Book was printed . To the 2 d , I answer , that it being controverted what is the Kings Power , there can be no stronger Decision of that Controversie in Favours of the King than the acknowledgment of all Parties Interested , and it is strange and unsufferable to hear such as appeal to Parliaments , cry out against their Power , their Justice , and Decisions ; and why should we oppress our Kings , and raise Civil Wars , whereby we endanger so much our selves to procure powers to Parliaments , if Parliaments be such ridiculous things as we cannot trust when they are empowered by us ? and if there be any force in this answer of Buchannans , there can be none in any of our Laws , for that strikes at the Root of all our Laws , and as I have produced a Tract of reiterated Laws for many Years , so where were there ever such free unlimited Parliaments in any Nation as these whose Laws I have Cited ? 2 dly , Whatever might be said , if a positive Contract betwixt the King and People were produced , clearing what were the just Limits of the Monarchy , and bounding it by clear Articles mutually agreed upon , yet it is very absurd and extravagant to think that when the Debate is , what is the King of Scotlands just Power and Right , and from whom he Derives it , that the Laws and repeated Acknowledgements of the whole Representatives of the People assembled in the Supream Court of the Nation , having no open force upon it , but enacted at several times , in many several Parliaments , under the gentlest , peaceablest , and wisest Kings that ever they had , should not be better believed than the Testimonies of three or four byass'd and disoblig'd Pedants , who understood neither our Laws nor Statutes , and who can bring no clear fundamental Law ; nor produce no Contract nor Paction restricting the King , or bounding his Government . 3 dly , That which adds a great deal of Authority to this Debate , and these Statutes is , that as this is clear by our positive Law , so it is necessarly inferred from the nature of our Monarchy , and is very advantagious for the Subjects of this Kingdom , which I shall clear in the second and third Arguments that I shall bring against these Treasonable Principles , nor can they be seconded by any solid Reason , as I shall make appear in answering the Arguments of those Authors . I know that Nephthaly , the Author of Ius populi , and our late Fanatical Pamphlets alleadge that our Parliaments since 1661 are null and unlawful , because many who have Right to sit as Members , or to Elect Members were secluded by the Declaration or Test : But my answer is , First , That these were excluded by Acts of Parliament , which were past in Parliaments prior to their exclusion , and so they were excluded by Law , and no man can be said to be illegally excluded from his Seat in Parliament , who is excluded by a clear Statute . 2 dly , If this were not a good answer , then the Papists might pretend that they are unjustly excluded , because they will not take the Oath of Supremacy , and because they are Papists ; and how can the Fanaticks pretend to make this objection , since they by the same way excluded the Kings Loyal Subjects in the Year 1647. and 1649. &c. Or how would these Authors have rail'd at any Malignant for using this Argument against them , which they use now most impudently against us with far less justice , for their Parliaments were unjust upon other Heads , as being inconsistent with the fundamental Laws of the Kingdom , and so their acts of exclusion were null in themselves . 3 dly . All the Statutes made since 1661. are necessary consequences of former Laws , and so are rather renewed than new Laws . 4 ly . If this were allow'd there could be no end of controversie , for all who are excluded would still alleadge that they were unjustly excluded , and consequently there could be no submission to Authority , and so no Society nor Peace . The last answer that our Dissenters make when they are driven from all their other grounds is , that they , though the lesser , are yet the sounder part of the Nation ; but this shift does not only overturn Monarchy , but establishes Anarchy , and though they were once settl'd in their beloved Commonwealth , this would be sufficient to overturn it also , for every little number of Dissenters , nay , and even the meanest Dissenter himself might pretend to be this sounder part of the Common-wealth ; but God Almighty foreseeing that pride or ignorance would suggest to frail Mankind this principle , so inconsistent with all that Order and Government , whereby he was to preserve the World , he did therefore in his great Wisdom convince men by the Light of their own Reason , that in matters of common concern , which were to be determined by Debate , the greater number should determine the lesser ; and such as drive beyond this Principle , shall never find any certain Point at which they may rest : and by the same Reason , the Law has pronunc'd it safer to rest in what is decided , though it be unjust , than to cast loose the authority of Decisions , upon which the peace and quiet of the Common-wealth does depend , who would be so humble and just , as to confess that his Adversary has the juster side ? Or who would obey if this were allow'd ? And what Idea of Government or Society could a man form to himself , allowing once this principle . It is also very observable , that those who pretend to be the sounder part , and deny obedience upon that account , are still the most insolent and irregular of all the Society , the greatest admirers of themselves , and the greatest enemies to peace , and so the unfitest to be Judges of what is the sounder part , though they were not themselves parties : But what pretence is there for that Plea in this case , where the foundations of our Monarchy , have been unanimously acknowledg'd by many different Parliaments , in many different Ages , chosen at first from the Dictats of Reason , and confirm'd after we had in many Rebellions , found how dangerous all those popular pretences are , and in which we agree with the Statsmen , Lawers and Divines of all the well Govern'd Nations under Heaven , who are born under an hereditary Monarchy , as it is confess'd we are . To return then to the first of those Points , I lay down as my first position , that our Monarchs derive not their Right from the People , but are absolute Monarchs , deriving their Royal Authority immediatly from God Almighty ; and this I shall endeavour to prove , first from our positive Law. By the 2. Act Par. 1. Ch. 2 d. in which it is declar'd , That His Majesty , His Heirs and Successors , have for ever , by vertue of that Royol Power which they hold from God Almighty over this Kingdom , the sole choice and appointment of Officers of State , Counsellors and Judges . But because this Act did only assert that our Kings did hold their Royal Power from God , but did not exclude the people from being sharers in bestowing this Donative , therefore by the 5 th Act of that same Parliament , they acknowledge the Obligation lying on them in Conscience , Honour and Gratitude , to own and assert the Royal Prerogatives of the Imperial Crown of this Kingdom , which the Kings Majesty holds from God Almighty alone ; and therefore they acknowledge that the Kings Majesty only , by vertue of His Royal Prerogative , can make Peace and War , and Treaties with forraign Princes . Because this last Statute did only assert that the King did hold His Imperial Crown from God alone , but did not decide from whom our Kings did only derive their Power ; therefore by the 2 d· Act Par. 3 d Ch. 2 d. It is declar'd that the Estates of Parliament considering that the Kings of this Realm , Deriving their Power from God Almighty alone , they do succeed Lineally thereto , &c. Which Statutes do in this agree with our old Law ; for in the first Chapter of Reg. Magist. vers . 3. These Words are , That both in Peace and War , our Glorious King may so Govern this Kingdom committed to Him by God Almighty , in which He has no Superiour but God Almighty alone , which Books are acknowledg'd to be our Law , and are called the Kings Laws by the 54 th Act Par. 3 d Iam. 1. and the 115. Act Par. 14. Iam. 3. These our Laws both Ancient and Modern , can neither be thought to be extorted by force , nor enacted by flattery , since in this we follow the Scripture , the Primitive Church and their Councils , the Civil Law and its Commentators , and the wisest Heathens , both Philosophers and Poets . As to the Scripture , God tells us , That by him Kings Reign , and that he hath anointed them Kings , and that the King is the Minister of God. David tells us , That God will give strength to his King , and deliverance to his King , and to his Anointed . Daniel sayes to Nebuchadnezar , The God of Heaven hath given thee a Kingdom . And to Cyrus , God gave to Nebuchadnezar thy Father a Kingdom , and for the Majesty that he gave him , all Nations trembled . As to the Fathers , Augustin de Civit. Dei , l. 5. c. 21. Let us not attribute unto any other , the power of giving Kingdoms and Empyrs , but to the true God. Basil in Psal. 32. The Lord setteth up Kings and removeth them . Tertul : apol : contra gentes , Let Kings know , that from God only they have their Empyre , and in whose power only they are . And Ireneus having prov'd this point fully , ends thus , l. 5. c. 24. By whose Command they are born men , by his likewise they are ordain'd Kings . This is also acknowledg'd by the Councils of Toledo 6. c. 14 of Paris 6. c. 5. vid Council aquis gran . 3. c. 1. Amongst our late Divines , Marca the famous Arch-bishop of Paris , Concord : sacerd : & imperij , l. 2. c. 2. n : 2. asserts , That the Royal Power is not only bestowed by God , but that it is immediatly bestow'd by God upon Kings : and Refutes Bellarm. ●de laico c. 6. maintaining , That the Iesuits Doctrine in this , lessens Authority , and raises Factions , and contradicts both the Design and Word of God. Duvalius de suprem . potest . Rom. Pontif. p. 1. q. 2. Asserts that Kings derive their Rights by the Laws of God and Nature , non ab ipsa Republica & hominibus ; and in all this the Fanaticks and Republicans agree with the Jesuits against Monarchy . In the Civil Law this is expresly asserted , Cod. de vet . Cod. enucleand . Deo auctore nostrum gubernante imperium quod nobis a coelesti majestate traditum est , Nov. 6. in init . Nov. 133. in proem . in Nov. 80.85 , 86. Iustinian acknowledges his Obligation to care for his People , because he received the Charge of them from God ; and certainly Subjects are happier , if their Kings acknowledge this , as a duty to God , than if they only think it a Charge confer'd on them by their People , and that they are therefore answerable to them . That the Doctors and Commentators are of this opinion , is too clear to need Citations , vid. Arnis . cap. de Essentia Majest : Granswinkel . de jur . Maj. cap. 1. & 2. As to the Heathens , Hesiod . in Theog . verse 96. sayes 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Kings are from God. Homer sayes their Honour is from God 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — Iliad . 1. verse 197. Themistcus asserts , that the Regal Power came from God , Orat. 5. with whom agrees Dion . Chrisostom Orat. 1. diotog . apud Stob. serm . &c. Plat. in polit . &c. But above all , Aristotle in polit . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . And Plutarch . Ages & Cleom. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . If to these Statutes and Citations it be answered , that God Almighty may indeed be the principal and chief Author of Monarchy , and that Monarchs may derive their Power from him , as from the Supream Beeing , that directs all more immediat Causes , and yet the People may be the immediat Electors of Monarchs , and so Kings may derive immediatly from them their Power ; and thus these Statutes are not inconsistent with the principle laid down by Buchanan and others , whereby they assert , that Kings in general , and particularly the Kings of Scotland , derive their Power immediatly from the People . To this my answers are , that first , if we consider the proprietie of the Words , there can be nothing more inconsistent , than that Kings should derive their Power from God Almightie alone , and yet that they should derive it from the People , for the Word Alone , is of all other words the most exclusive . 2 dly , The design of the Parliament in that acknowledgement was to condemn , after a long Rebellion , the unhappie Principles which had kindled it ; and amongst which , one of the chief was , that our Kings derived their Power from the People , and therefore they might qualifie , or resume what they at first gave , or might oppose all Streaches in the Power they had given , and might even punish , or depose the King when he transgressed , none of which Principles could have been sufficiently condemned , by acknowledging that , though God was the chief Author , yet the People were the immediat Electors . 3 dly , There needed no Act of Parliament be made for acknowledging God to be the chief Author , and first Fountain of every Power , for that was never contraverted amongst Christians . 4 thly , That foolish glosse cannot at all consist with the Inferences deduced from that Principle in the former Statutes : for in the 2. Act , Par. 1. Char. 2. It is inferr'd from His Majesties holding His Royal Power from God alone , that therefore he hath the sole choice of his own Officers of State , Privy Counsellers , and Judges ; And in the 5. Act , it is inferr'd from the same Principle , that because he derives his Power from God alone , that therefore it is Treason to rise in Arms without his Consent , upon any pretext whatsoever : And in the 2. Act , Par. 3. Char. 2. It is concluded , that because our Kings derive their Power from God Almighty alone , therefore it is Treason in the People to interrupt , or divert their Succession , upon any Difference in Religion , or other pretext whatsoever ; whereas all this had been false , and inept Reasoning , if the design of the Parliament had not been to acknowledge that our Kings derived not their Power from the People , for though they derived their Power from God , as the supream Beeing only , and not as the immediat bestower , and if the People were the immediat bestowers of that Power , then the People might still have pretended , that they who gave the Power , might have risen in their own Defence , when they saw the same abused , and might have diverted the Succession , when it descended upon a person who was an enemy to their Interest : but how false this glosse is , will appear more fully from the following Arguments , and it is absolutely inconsistent with St. Augustins opinion , formerly cited , wherein he forbids to attribute the giving of Kingdoms to any other but to God. My second Argument for proving that Kings derive their Power from God alone , and not from the People , shall be from the principles of Reason . For First , The Almighties design being to manifest his Glory , in Creating a World , so vast and regular as this is , and his goodnesse in Governing it , and that Men might live peaceably in it , having both Reason and Time to Serve him , it was consequential that he should have reserved to himself the immediat dependence of the supream Power , to preclude the extravagant and restlesse multitude , from those frequent Revolutions which they would make , and Desolations which they would occasion , if they thought that the supream Power depended on them , and that they were not bound to obey them for Conscience sake ; so that those expressions in Scripture were very useful in this to curb our Insolencies , and to fix our restlesnesse ; and it seems that Kings are in Scripture , said to be gods , to the end it might be clear that they were not made by Men· 2 dly , God Almighty being King of Kings , it was just , that as inferiour Magistrats derived their Power from the King , so Kings should derive their Power from God , who is their King ; and this seems to be clear from that analogy , which runs in a Dependence , and Chain through the whole Creation . 3 dly , As this is most suitable to the principles of Reason , so it is most consonant the analogy of Law , by which it is declar'd , that no Man is master of his own Life , or Limbs , nemo est Dominus membrorum suorum ; and therefore , as no Man can lawfully take away his own Life , so neither can he transfer the power of disposing upon it to any other Man , and consequently this Power is not derived to Kings and Princes by privat Men , but is bestowed upon them by God Almighty , who is the sole Arbiter of Life and Death , and who can only take it away , because he gave it : And if it be objected , that this last branch of the Argument , seems either to prove nothing , or else to prove that there can be no Elective Monarchies . To this it is answered , that even in Elective Monarchies , the Nomination proceeds only from the People , but the Royal Power from God , as we see in inferiour Magistracies , such as Burrows Royal , &c. the People Elect , and so the Nomination is from them , but the power of Governing proceeds from the King , and not from the Electors , and therefore as the People who Elected the Magistrats in these Towns , cannot Depose them by their own Authority , so neither can the People Depose their King , but the punishment of him belongs to God Almighty . I confesse , that if the People Choose a King with expresse Condition , that they may punish him as the Lacedemonian Kings were punishable by those Magistrats , call'd the Ephori , the Kings are in that case accountable to the People , but then they are not Monarchs , having supream Power as our Kings have , and who are therefore declar'd to hold their Power immediatly from God , and not to be at all punishable by the People . The 4 th Argument that I shall use , for proving that our Kings derive not their power from the People , shall be from the natural Origin of Monarchie , and of ours in particular , which I conceive to be that Right of Paternal Power which is stated in them ; for understanding whereof , it is fit to know , that God at first created only one Man , that so his Children might be subject to him , as all Children yet are to their Parents : and therefore the Jesuitical and Fanatical Principles , that every man is born Free , and at Liberty to choose what form of Government he pleaseth , was ever , and is most false , for every man is born a Subject to his own Parents , who , if they were not likewise subject to a Superiour Power , might judge and punish them Capitally , lead them out to War , and do all other things that a King could do , as we see the Patriarches did in their own Families . And as long as it is known who is the Root of the Family , or who represents it , there is no place for Election , and people Elect only when the memory of this is lost , and such as overcome the Heads of Families in Batle , succeed to them in their Paternal Right . If it be answered , that the Father may by nature pretend to a power over his Children , or it may be an Elder Brother over his Cadets , yet there is no tye in nature subjecting Collaterals , as Uncles , and their descendents to those descended from the Eldest Familie . To this I reply , that 1. This power over all the Family was justly given by nature , to shun divisions , for else every little Family should have erected it self in a distinct Government , and the weakest had still been a Prey . 2. We see that Abraham did lead out to War , and in every thing Act as King , not only over his own Children , but all the Family , and whole Nations , are call'd the Children of Israel , the Children of Edom , &c. 3. That must be concluded to be establish'd by natural instinct , which all men in all Ages and Places allow and follow ; but so it is , that all Nations in all Places , and Times have ever allow'd the Eldest Son of the Eldest Family to govern all descended from the Stock , without new Elections ; and the Author of the late famous Moral Essayes have admir'd this as one of the wisest Maxims that we have from Natural Instinct ; for if the wisest , or strongest were to be choos'd , there had still been many Rivals and so much Faction and Discord , but it is still certain who is the Eldest Son , and this precludes all Debate , and prevents all Dissention : For applying this to our Case , it is fit to know , that if we believe not our Historians , then none else can prove that the People of Scotland did at first Elect a King , that being contrarie to the acknowledgements of our own Statutes ; and all Buchannans Arguments , for restricting Kings , being founded upon the authority of our Historians , who , ( as he sayes , ) assert that K. Fergus was first Elected King by the People , if he be not able to prove that our Kings owe their Crowns to the Election of the People , without any inherent or previous Right , all his Arguments evanish to nothing , but on the other hand , if we consider exactly our Historians , we will find that our Kings Reign over us by this Paternal Power ; and though I am not very fond of Fabulous Antiquities , yet if Tradition , or Histories can be believ'd in any thing , they should at least be believ'd against Buchannan , and those who make use of them , to restrict the power of our Kings , and by our Histories it is clear , that Gathelus having led some Forces into Egypt , he after several Victories , setl'd in Portugal , call'd from him Portus Gatheli , from which an Collonie of that Race transported it self into Ireland , and another into Scotland ; nor should this be accounted a Fable , since Cornelius Tacitus , in the Life of Agricola , makes the Scots to be of Spanish , and the Picts to be of German Extraction . The Scottish Collonies finding themselves opprest by the Brittains , and Picts , they sent over into Ireland to Ferquhard , and he sent them a considerable Supplie , under the Command of Fergus his Son , who having secur'd them against their Enemies , all the Heads of the Tribes acknowledged him for their King , and swore that they should never admit of any other Form of Government then Monarchie ; and that they should never obey any except Him and his Posterity , which if they brake , they wish'd that all the Plagues and Miseries that had formerly fallen on their Predecessors , might again fall upon their Posterity , as the punishment of that Perjury . All which Religious Vows and Promises , Seal'd by those dreadful Oaths voluntarly given , were graven on Marble Tables , and Consign'd for preservation into the custody of their Priests : and these are Boetius own words , Fol. 10. From which I observe , 1. That as our Laws assert , that our Kings derive their Power from God , and not from the People , so we ought not to believe the contrary upon the Faith of our Historians , except they were very clear , and unanimous in contradicting our Laws , whereas it appears to me , that our Laws agree with our Historie , for Gathelus was not at all Elected by the People , but was himself the Son of a King , and did Conquer by his own Subjects , and Servants , and all those who are descended from his Collonies , were by Law oblidg'd to obey the Eldest Son , and Representative of that Royal Family . And Ferquhard is acknowledg'd to have been his only Successor , nor did ever any of the Scottish Tribes pretend to the Supremacie , and our Histories bear , that none of our Tribes would yield to another ; and the Fatal Marble Chair that came from Spain , remaining with these who went to Ireland , does evince that the Birth-right remain'd with them ; and therefore when Fergus the Son of Ferquhard came over , he brought over with him the Marble Chair , which was the mark of Empire . And Boetius immediatly upon his arrival calls him King , and Fordon the most Ancient of our Historians , lib. 1. cap. 36. calls him , Fergusius Filius Ferardi aut Ferquhardi ex antiquarum Regium prosapia genitus , qui ambitione Regnandi stimulatus magnam sibi Iuvenum copiam assimulavit & Albionem continuo progressus est & ibidem super eos Regem primum se constituit , that is to say , he made himself the first King ▪ therefore K. Iames. Basil. Doron , pag. 201. asserts , that K. Fergus made himself King and Lord as well of the whole Lands , as of the whole Inhabitants . 2. We read nothing at all of the consent of the People , but of the Heads of the Tribes , who had no Commission from the People , each of them having by his Birth-right a Power to Command his own Tribe , and consequently , the Royal Power was not derived to Fergus from the People , but had it's Original from this Birth-right that was both in them , and Fergus , and he succeded in the Right of those Chiefs to Command their respective Families ; and Boetius brings in King Fergus , lib. 1. num . 5. Speaking of himself , as a pious Parent , as one who owes to them what a Parent owes to his Children : sunt pij Parentes in Liberos propensi , & debemus vobis quod proli genitores . And the consent given by the Chief of the Clanns , and the People did not give , but declare the former Right , as our consent now does in Acts concerning the Prerogative , and as the Vote of the Inquest does in the Service of Heirs ; and thus at the Coronation of our Kings , it is still said by our Historians , that such a man was declared King , communi suffragio & acclamatione . 3. This consent being only given in the Armie cannot be said to have been universally by the People , nor do we read that the People did Commissionat the Armie , or that the Armie consulted the People ; and in general it cannot be instanc'd , that the People did in any Nation universally consent to Election , nor is it possible all the People can meet . And in Pole , which is the only Elective Monarchie we know , the Free-holders only consent , and yet every privat Man and Woman have as great interest , according to these pretended Laws of Nature , as they have : & potior est conditio negantis . Nor do we find that the Commons , and mean People have any interest in the Elections , of our Magistrats , or Parliament Men ; so that Popular freedom by Birth , and the interest of the People , in Popular Elections are but meer Cheats invented to engage the Rabble , in an aversion to the establish'd Government , when factious and insolent Spirits , who cannot submit themselves to Government , design to cheat the Multitude by fair Pretences , and to bribe them by Flatterie . If it be pretended , that it is not certain , whether King Fergus was eldest So● to Ferquhard , nor is it probable , that if he had been such , he would have preferr'd an uncertain Conquest in Scotland , to his secure Succession in Ireland . To this it is answered , that all our Histories bear , that King Ferquhard sent his Son Fergus , and when a Son is spoken of indefinitly , in such Cases , he is actually understood to be the Eldest . 2. He brought with him the Marble Chair , the mark of Empire , which would not have been allow'd to a Cadet . 3. It is said , that having settled the affairs of Scotland , he returned into Ireland to settle the differences there about the choosing of a new King , which does import that he should have been King , , if he had not prefer'd Scotland to Ireland , and the reason of this preference was , because Ireland was then divided amongst many Kings , and his Predecessors had but a very small share of it at that time , and Scotland being a part of a greater Isle , he probably found in this greater Isle , a higher flight for his Hopes , and more latitude for his Ambition . But albeit the Kings of Scotland had been originally and at first elected by the People , yet it does not at all follow necessarly as Buchannan , Dolman , and our other Republicans pretend , that therefore they may reject them at their pleasure , or which is all one , when they imagine that the Kings Elected by them serve not the ends for which they were designed , and that for these Reasons . 1. It cannot be deny'd , but that the People may consent to an Election of a Monarch without Limitatons ; for from the Principles of Nature , we may learn , that whatever is in ones power may be by them transfer'd upon another ; and therefore , if the People be indew'd with a power of governing themselves , they may certainly transfer this Power upon another ; and we see that all Christians , and even our Republicans allow , that men may sell themselves to be Slaves , a custome not only mention'd but approv'd by God himself , so far does consent reach beyond what is necessary for maintaining this Point . 2. If this could not be , then there could be no such thing as absolute Monarchies , which is against the receiv'd Opinion of all Nations , and against the Doctrine of all Authors , who , though they debate that this , or that Monarchie , in a particular Countrey is not Absolute , yet it was never contraverted by any man alive , but that the People might consent , and in many places have consented to absolute Monarchies ; and by the famous Lex Regia , amongst the Romans , Populus ei & in eum omne Imperium suum , & Potestatem transtulit , instit . de jur . nat . gent. & civ . § 6. Mention'd likewise by that Famous Lawyer Vlpian , l. 1. ff . de constitut . Princ. 3. We see this consequence to be very false in many other cases , and therefore it cannot be necessary here , for we find that a man chooses a Wife , yet it is not in his power to put her away ; Cardinals choose the Pope , and Chapters the Bishop , and yet they cannot depose them ; the Common Council choose Magistrats , and yet they cannot lay them aside . 4. This Reasoning is condemn'd as most fallacious , by most learn'd , and dis-interested Lawyers , and therefore it cannot be infallible , as is pretended : vide Arnisaeum cap. 3. num . 2. Haenon . dis . Pol. 9. num . 44. Panorm . ad cap. 4. de Cler. non residend . Zasius ad l. non ambigitur num . 3 ff . de legibus , Nor have any Lawyers differ'd from this common opinion of mankind , except some very few , who have differ'd from a Principle of Pique , rather than of Judgement . The next thing that I am to prove in this my first Proposition , is , that Our King is an Absolute Monarch , and has the Supream Power within this his Kingdome , and this I shall endeavour to prove , First , From our positive Law , 2. By several Reasons deduc'd from our Fundamental Laws and Customs . 3. From the very nature of Monarchy it self , and the Opinion of Lawyers who write upon that Subject , and who define Absolute Monarchie to be a Power that is not limited or restricted by coactive Law , Arnisaeus , de essentia Majest . cap. 3. num . 4. By the 25. Act Parl. 15. Ia. 6. The Parliament does acknowledge , that it cannot be deny'd , but his Majesty is a free Prince , of a Soveraign Power , having as great Liberties , and Prerogatives , by the Laws of this Realm , and Priziledge of his Crown , and Diadem , as any other King , Prince , or Potentat whatseever . And by the 2. Act Parl. 18. Ia. 6. The Parliament consenting to his Majesties restoring of Bishops , declare and acknowledge the absolutenesse of our Monarchy , in these words . The remeed whereof properly belongs to his Majesty , whom the whole Estates , of their bound n duty , with most hearty and faithful affection , humbly and truly acknowledge to be a soveraign Monarch , absolute Prince , Iudge and Governour , over all Persons , Estates and Causes , both Spiritual and Temporal , within his said Realm . And by the first Act of that same Parliament . The Estates and whole Body of this present Parliament , acknowledge all with one voluntar , humble , faithful , united heart , mind , and consent his Majesties soveraign Authority , Princely Power , Royal Prerogative , and priviledge of his Crown , over all Persons , Estates , and Causes whatsoever , within his said Kingdom . And because no Acts were ever made , giving Prerogatives , nor even declaring Prerogatives to have been due , until some special controversie did require the same , so that Possession , and not positive Law , was the true measure of the Prerogative ; therefore the Parliament doth in that same Act approve , and perpetually confirm all the Royal Prerogatives , as absolutely , amply , and freely in all respects , and considerations , as ever his Majesty , or any of his Royal Predecessors possessed , used , and exercised the same ; and they promise that his Majesties Imperial Power , which God has so enlarg'd , shall never be in any sort impar'd , prejudg'd , or diminished , but rather reverenc'd , and augmented as far as possibly they can . In the preface to our Books of Law , call'd Regiam Majestatem , it is acknowledg'd that the King has no Superiour , except the Creator of Heaven and Earth , who Governs all . Forreign Lawyers also , such as Lansius de Lege Regiae , num . 49. and others do number the King of Scotland amongst the absolute Monarchs . My second Argument for proving our King to be an absolute Monarch , shall be from my former position , wherein I hope I have prov'd sufficiently , that our Kings derive not their Right from the People ; for if the King derive not his Power from the People , the Monarchy can never be limited by them , and consequently it must be an absolute Monarchy ; for there could be nothing more unjust , more unnatural , and more insolent , then that the People should pretend a Right to limit and restrict that Power which they never gave ; and the only reason why Buchannan , and his Complices , do assert our Monarchy to be a qualified and limited Monarchy , being that the People , when they first Elected our Kings , did qualifie and restrict their Government . This position being false as appears by the absolute Oath , and original Constitution above set down , which is lessened , or qualified by no condition whatsoever , therefore the conclusion drawn from it must be false likewise . The third Argument shall be deduced from the Nature of Monarchy , and in order thereto , I lay down as an uncontroverted principle , that every thing must be constructed to be perfect in its own Nature , and no mixture is presum'd to be in any thing ; but he who alledges , that the thing controverted is added against Nature , must prove the same ; and therefore since Monarchy is that Government whereby a King is Supream , the Monarch must be presum'd , neither to be oblig'd to Govern by the advice of the Nobility , ( for that were to confound Monarchy with Aristocracie ) nor by the advice of the People ( for that were to confound it with Democracie ; ) and consequently if Buchannan , and others design to prove , that our Kings are obliged to Govern , by the advice either of the Nobility , or People , or are subject to be Chastised by them , they must prove , that our Kings , at their first Creation , were Elected upon these Conditions , the very Essence and Beeing of Monarchy , consisting in its having a Supream , and absolute Power . Arnisaeus c. 30. Vasquez l. 1. Contrav . c. 47. Budaeus in l. princeps . Zas . ibid. ff . de legibus , pone enim , says Arnisaeus , populum in Regem habere aequalem potestatem neutrum pro summo venditari posse . When we hear of a Monarch , the first notion we have is , that he is subject to none ; for to be a Subject and a Monarch , are inconsistent ; but if we hear that his Nobility , or People , or both may Depose , or punish him , we necessarly conclude by the Light of Nature , that they , and not He , are the supream Governours . Thus we see , that in allowing our King to be an absolute Monarch , we have only allow'd him to be a Monarch , and to have what naturally belongs to him , and that by as necessary a consequence ; for as every Man is presumed to be reasonable , because reason is the Essence of Man , so is a King presum'd to be absolute , except these limitations whereby the Monarchy is restricted , could be prov'd by an expresse Contract . 4 thly , How is it imaginable , but that if our Predecessors had Elected our Kings upon any such Conditions , but they would have been very careful to have limited the Monarchy , and this Contract had with these conditions been recorded , whereas on the contrary we find , that albeit great care was taken to record the Oath of Allegiance made to the King , and to grave the same upon Marble Tables , consign'd unto the custody of their Priests , as sacred Oracles ; yet none of all our Historians make the least mention of any limitations in these Oaths , or by any other Contract ; and to this day our Oaths of Supremacy , and Allegiance , are clogged and lessened by no limitations . If it be answered , that these limitations do arise from the nature of the thing it self , there being nothing more unreasonable , and contrary to the nature of Government , then that a Monarch , who was design'd to be a Protector to his People , should be allow'd to destroy them . To this it is answered , that Monarchy by its nature is absolute , as has been prov'd , and consequently these pretended limitations are against the nature of Monarchy , and so arise not ▪ ex natura rei , nor can there any thing be more extravagant , than to assert that , that which is contrare to the nature of Monarchy , should arise from its nature , and it might be with greater reason pretended , that because the great design of men in Marriage , is to get a Helper , that therefore they may repudiat their Wives , when they find them unsupportable , and that the putting them away in such cases , is consistent enough with the nature of their Oath , though simple , and absolute ; this cause of Divorce arising from the nature of Marriage it self : This is after Vowes to make Inquiry , and what Vow , or Oath could be useful , if the giver were to be Iudge how far he were ty'd , and if his conveniency were the measure of his Obligation . But since I shall hereafter fully prove , that these limitations are as dangerous to the Subjects , as to the Prince , and that ten thousand times moe Murders , and other Insolencies have been committed in Civil Wars , upon the false pretence of Liberty , than ever was committed by the worst of Kings ; it must necessarily follow , that those limitations ought not to be admitted after an absolute Oath , for eviting inconveniencies , which at the ballance appear to be of no weight . 5. It cannot be denyed , but our Kings have ever had the power of Peace and War , the calling and disolving of Parliments , and a negative Voice in them , the remitting of Crimes , and nomination of Judges ; and therefore it must be presumed , that since the Law has not limited them in those things , it has limited them in nothing ; for by involving us in War , they may expose our Fortunes , our Wives and Children to the greatest of dangers ; and it had been great folly to limit them in any thing , after those great Prerogatives were allowed : And though our Histories do bear , That Peace and War were ordinarly determined by the advice , and consent of the Nobility , yet that does no more infer a necessity not to do otherwayes , than the ordinary stile of all our Proclamations , bearing to be with advice of our Privy Council , infers a necessity upon the King to do nothing without their advice ; and how could the consent of the Nobility have been necessary in the former Ages , since all their Right flowed from the King Himself , and that neither they then , nor the Parliament now , had , or have a Power equal with the King , much less above Him , as shall be fully proved in the first Conclusion , that I am to draw from this Doctrine ; only to what I have said , I must here add , that it being proposed to our Predecessors , at the swearing the Oath of Allegiance to King Fergus , whether they would be govern'd by a King , who should have absolute Power , or by the Nobility , or by a Multitude ? it was answered , that lest they should have many Kings in place of one , they abhorr'd to bestow the the Absolute Power either upon the Nobility , or upon the Multitude . 6. I cannot but exceedingly commend our Predecessors , for making this reasonable choice of an absolute Monarchy , for a Monarch that is subject to the impetuous caprices of the Multitude when giddie , or to the incorrigible Factiousness of Nobility when interested , is in effect no Government at all ; and though a mixt Monarchy may seem a plausible thing to Metaphisical Spirits and School-men , yet to such as understand Government , and the World , it cannot but appear impracticable ; for if the People understand that it is in their Power to check their Monarch , the desire of command is so bewitching a thing , that probably they will be at it upon all occasions ; and so when the King commands one thing , the Nobility will command another , and it may be the People a third . And as it implyes a contradiction , that the same Persons should both command and obey : so where find we those sober and mortified men , who will obey , when they may command . Let us consider what dreadful extravagancies , and cruelties appear'd at Rome , betwixt the Tribunes of the People , and the Senat , one of six Kings had a Son , who ravish'd a Woman , and thereupon the Kings were expell'd , but every year almost produced a Civil War , wherein vast numbers of free Romans were murther'd , and in the contest betwixt Sylla and Marius , 90. Senators , 15. Consuls , 2600. Gentlemen , and 100000. others were murther'd , and after the whole Common-wealth was exhausted in the Wars betwixt Cesar and Pompey ; and in the immediat succeeding War betwixt Augustus , Anthonie , and Lepidus , wherein every man lost either a Brother , a Father , or a Son , Rome return'd again to its Monarchy , and was never so happy , as under Augustus . The People of Naples complaining lately of their Taxes , put themselves under the Command of Reforming Massaniello , by whose extravagancies they suffer'd more in one Moneth , than they had done under the Spainsh cruelty in an hundred years . But our late Reformation in Brittain seems to have been permitted by God , to let us see that mix'd Governments having power to Reform Kings , are more insufferable than Tirrany ; for by it we saw that the multitude consists of Knaves and Fools , and both these are the worst of Governors , that the best of Kings will be thought wicked , when Subjects are his Judges , who resolve not to obey , and that it is impossible to know what is right , when every man is Judge of what is wrong . The impracticableness likewise of this popular Supremacy , will yet more convincingly appear , if we consider that the People are to be Judges , because of their natural freedom , for then all men should have equal right to be Reformers , and these can never meet nor consult together : And if it be answered , that the People may send their Representatives , my Reply is , that the greatest half of the Nation are neither Freeholders nor Burgesses ; and yet those only are call'd the Representatives of the people ; and what absurd Tricks and Cheats are us'd in choosing even those Representatives , and it may be the resolution prevails by the Vote of the greatest Fool or Knave in the Meeting ; and if any one man remove by sickness or accident , at the passing of a Vote ; or if any of the multitude be bryb'd or have prejudice , though on a most unjust account , that which would have been the interest of the Nation , turns to be against it , so infallible a Judge is the multitude . And I have seen in popular Elections , hundreds cry for a thing , and thereafter ask what was the matter . 7 ly , If the the Proceres Regni , or Nobility are to be the check upon our Kings , and to be trusted with this coercive power of calling them to an account , as Buchannan pretends ; then I desire to know who invested them with this power , for it was never pretended that it is naturally inherent in them : And if the people invested them , I desire to know by what Act the people transferr'd this power upon them , for they have no Law , nor original Constitution for this , as our Kings have for their Right ; and passing over the dangers may arise from their having this power , because of the Factiousness , Poverty , Picques , Humors , or Ignorance that may be incident to them , it seems to me strange , why we the people should trust such to be our Checks over the King , who are His own Creatures , owing their Honours to Him , and expecting dayly from Him Imployments and Estates ? and if they and the people differ , who is to be Judges of those Controversies ? Nor can the Nobility and Commons assembled in Parliament have this coercive power , for the Reasons which I shall hereafter offer ; and therefore none has it , but the King is Supream in himself , and accountable to none , save God Almighty alone . But more of this will be found in the Sequel of this Discourse , upon other occasions . 8 ly , Whatever proves Monarchy to be an excellent Government , does by the same Reason prove absolute Monarchy to be the best Government ; for if Monarchy be to be commended , because it prevents Divisions , then a limited Monarchy , which allows the people a share , is not to be commended , because it occasions them ; if Monarchy be commended , because there is more expedition , secresie , and other excellent Qualities to be found in it , then absolute Monarchy is to be commended above a limited one ; because a limited Monarch must impart his secrets to the people , and must delay the noblest designs until malitious and factious Spirits be either gain'd or overcome : And the same anallogy of Reason will hold in reflecting upon all other advantages of Monarchy , the Examination whereof I dare trust to every mans own breast . 9 ly , It was fit for the People that their Kings should be above Law , because the severity of Law will not comply with that useful , tho illegal Justice which is requisit in special cases , for since summum jus is summa injuria , and since impossibile est sola innocentia vivere , we may well conclude , that absolute Monarchy is necessary to protect the guilty innocent by Remissions , to break Laws justly , in a Court of Chancery , and to crook them uprightly in our Courts by an officium nobile . For strict and rigid Law is a greater Tyrant , than absolute Monarchy . I know that some pretend that the 25. Act 15. Par. Ia. 6. declaring the King to be an absolute Prince , is only to be interpreted in opposition to the Popes Authority , he being so far absolute , only as not to be Subject to the Pope , who pretended then a Jurisdiction over all Kings . But the answers to this are clear ; First , This Statute is made to declare the Kings of Scotland to have Right by their Inherent Prerogative , to their exacting Customs for all Merchandice , because they are absolute Monarchs , which Argument had been ridiculous , if this absoluteness had only been in opposition to the Pope , nor is there any mention of the Pope in all this Statute ; and what interest hath the Pope in our Customs . 2 dly , When the Kings power is by our Statutes rais'd above the Pope , it is done by declaring him Supream , and not by declaring him absolute . 3 dly , All Lawyers , and States-men divide Monarchies in absolute and limited Monarchies , and the word Absolute , is still taken in opposition to limited , as is clear by Arnisaeus , Bodin , &c. And whereas it is pretended that these words in this Statute , acknowledging the King to be absolute , are only exprest transiently and enunciatively , but are not Decisive and Statutory . It is answered , that our Parliaments never give our Kings Prerogatives , but only acknowledge what our Kings have by an Inherent and Independent Right ; and these words in this Statute , are of all others in our Laws , exprest with most of Energy , for they are usher'd with , It cannot be deny'd , but His Majesty has as great Liberties and Prerogatives , as any Monarch whatsoever : and this acknowledgment is made the Foundation of His Right to exact Customs . And in true Reasoning , nothing is made the proposition of an Argument , but that which is most uncontrovertable . I foresee that our Fanaticks and Republicans , will be ready to mis-represent absolute Monarchy , as Tyrany : But a Tyrant is he , who has no Right to Govern ; and so he may be oppos'd , as the common Enemy of all the Society . And it is ridiculous to pretend with Hobs , That we are oblig'd to obey whoever is once in possession ; for that were to invite men to Torment us , and to justifie Crimes by success . Nor can it be from this deduc'd , that since it is lawful to oppose any who are in Possession , that it is therefore lawful to oppose our Monarchy : because they have ( as Algernon Sidney pretends· ) Vsurpt over us , a power inconsistent with our natural Liberty . And owe their Right to that Prescription , which the greatest Tyrants may maintain by force , and to that consent which they may procure by Violence , or Flattery . For to this I answer , That our Monarchs have their power establisht by Birth-right , by Consent , by Prescription , and by Law ; which are all the wayes whereby any Right can be legally Establisht . But it is a gross mistake in Buchannan , and others , to conclude a lawful King punishable as a Tyrant , because he becomes vitious : For though God may punish him as such , yet his People cannot ; that were to raise the Servant above the Master , and to occasion a thousand Disorders to redress one . and when King Iames acknowledges , that a good King thinks Himself made for his People , and not His People for Him. That is only said with reference to the Kings , duty to God , but not with Relation to the Peoples Duty to their King. And when Trajan delivering the Sword to the Proconsul , said Pro me , si mereor , in me . Grotius observes justly , That this was spoke as a Philosopher , and not to subject himself to the others jurisdiction . And so Buchannan did most traiterously advise the Printing this on our Coin. Nor do's this Title of absolute Monarch , empower him to dispose upon our Estates . For it is fit to know , that Government is the Kings , and Property is the Subjects Birth-right . Monarchy is a Government , and so can include no more , than what is necessary for Government . And though the Turk or Mogul , arrogat to themselves , the total Property of their Subjects , in this they are Tyrants , and not Kings . And when our Statute above-mentioned , says , That our Kings have as much power as they , this is only to be understood of what Right they have by the Nature of Monarchy , Rex nomen est jurisdictionis non dominij , say the Lawyers : For the Law having said , that all things were the Emperours , l : bene a Zenone . § . Sed scimus C. de Quadr : Praescript . The Emperor asked the famous Lawyer Bulgarus in what sense all was his , who is mightily prais'd for having answer'd , Omnia Rex possidet imperio singuli dominio , Accurs : in praem . ff . in Verb : Sanctioni , For what is once ours cannot be taken away without our consent : And therefore by the 5. Act , 1. Par. Ch. 2. It is declared lawful for the King to make Garisons , His Majesty entertaining them on His own expence . And by the Act 3. Par. 3. Ch : 2. It is declared that the people shall not be subject to free Quarter , &c. And yet right reason teacheth us , that all the Land of Scotland having been once the Kings ( for the Law saith , that the King is Safitus ratione Coronae , in all the Lands of Scotland ) His Majesty is therefore presumed Proprietar of all , and every thing belongs to him , if some other cannot instruct a right which is the sense of that Law , Nemo terram nisi authoritate Regiâ possideto : And of King Malcolm Canmor's Law , that Rex distribuit totam Terram Scotiae hominibus suis. And it therefore clearly follows , that the King has Dominium directum , a right of Superiority , as all Superiors have , and that the people on whom he has bestowed these Lands , are oblig'd to concur in the expence with him , for the defence of it . For as if he had retain'd the Property , he would have been able with the Fruits and Rents to have defended it . So it is not agreeable to sense or reason that they to whom he has granted it , should not be oblig'd to defend it , especially seing all the Rights made by the King , are in Law presum'd meer Donations ; For it cannot be deny'd but that all Lands were originally granted by the King , and so must have originally belong'd to himself : for no person can give what is not his own ; and our Law acknowledgeth , that all Lands belong to the King , except where the present Heretor can instruct a Right flowing from our King , and that he is the Fountain of Property , as well as of Justice . 2. In Law , all who are ingag'd in a Society , as to any thing that is the subject of the Society , should contribute to its preservation ; and therefore the King having the Dominium directum , and the Vassal Dominium ut ile ▪ it follows , that the Vassals of the Kingdom should contribute towards its preservation , and the King may expect justly an equal Contribution towards the defraying the necessary expence , and thence it was , that by our old Law , all Heretors were obliged to furnish some unum Militem , unum Sagittarium , or Equitem : Some a Bow-man , some a Souldier , some a Horse-man : But thereafter the King having changed these Holdings , because all betwixt 60. and 16. were obliged to come to the Field with 40. days Provision , which was all that was then necessary ; it follows , that now that way of making War being altered , the Subjects should contribute towards the way that is necessary for defending the Kingdom . 3. The King by His Forces protects our Persons , and by His Navies protects our Commerce , by His Ambassadors manages all our publick Affairs , and by His Officers , and Judges , administrates Justice to us : And so it is just that all this should be done on our expences , and that we should defray the publick expences of the Government , and so much the rather , because by a special Statute with us , it is declared that the King may impose what He pleases on all that is Imported , or may discharge us to export any thing without which we could not live ; and what ever he gets from us , he distributes amongst us , without applying one shilling of it to his own private use . The King , or whoever has the management of the Government , have in the opinion of Lawyers , Dominium eminens , a Paramount and transcendent Right over even private Estates , in case of necessity , when the common Interest cannot be otherwise maintained ; and this Grotius , though no violent friend of Monarchy , doth assert ve . ry positively and clearly ; and it cannot be denied that a King may take any mans Lands , and build a Garrison upon it , paying for it ; and that in case of a Siege , the King may order whole Suburbs to be burnt down for the security of the Town : And whence is this power , save from that Paramount and Supereminent Right that the King has over all private Estates , for the good of the whole So. ciety and Kingdom ? Nor can it be denyed ▪ that the King may in time of War Quarter freely ; and it is in his power to declare War , when , or where he pleases : Nor do the former Statutes oppose this , for they exclude not necessity that has no Law , and is it self that Law which gave David right to eat the Shew-bread , and the Christian Emperours right to sell the Goods of the Church for maintaining their Armies , with consent of the Primitive Fathers ; and this is so necessarily inherent in all administration , that the very Master of a Ship has power to throw over the Goods of Passengers and Merchants in a storm , for the preservation of the Ship : And they are not enemies to the King , but to themselves , who would deny the King this power . The third Class of Arguments that I am to use against these principles , shall be from Reason , and Experience in Fortification and Corroboration of our positive Law , and the nature of our Monarchy ; for since humane Reason it self is lyable to so many Errors ; and since men when they differ , are so wedded to their own Sentiments , that few are so wise as to see their own mistakes , or so ingenuous as to confess them , when they see them : Therefore prudence and necessity has obliged men to end all Debates by making Laws : and it is very great vanity and Insolence in any private men , to ballance their own private Sense against the publick Laws ; that is to say , the Authoritative Sentiments , and the legal Sense of the Nation . If we were then to Establish a new Monarchy , were it not prudent and reasonable , for us to consider what were the first Motives which induced our Predecessors to a Monarchy , and Boethius and Lesly both tell us , that least they might be distracted by obeying too many , it was therefore fit to submit to one , if then this Reason was of force at first to make us submit to a Monarchy , it should still prevail with us to obey that Monarchy , and not gape idlely after every new Model , Ne multos Reges sibi viderentur creare summam rerum aut optimatibus , aut ipsi multitudini permittere aspernabantur , sayes Boethius , fol : 6. Here the advantages of being Governed by Aristocracie , or Democracie , were expresly considered and rejected ; so that we have our Predecessors choice , founded on their way of Reasoning , added to the Authority of our Law ; and after , we their Successors , had seen the mischiefs arising from the pretences of Liberty and Property , with all the advantages that seeming Devotion could add to these . Our Representatives , after two thousand years experience , and after a fresh Idaea of a long civil War , wherein these Arguments and Reasons adduced by Buchannan , were fortified and seconded by thousands of Debates : They did by many passionate Confessions , and positive Laws acknowledge , that the present Constitution of our Monarchy . is most excellent , Act 1. Par : 1. ch : 2 d. That inevitable prejudices and miseries do accompany the invading the Royal Prerogative . Act 4. That all the troubles and miseries they had suffered , had sprung from these Invasions . Act 11. That all the bondage they had groaned under , was occasioned by these Distractions . Act 2. Par. Sess : 2. Ch. 2. So that we have here also a Series of Parliaments , attesting the reasonableness of the Constitution of our Monarchy , and His Majesties Prerogatives . 2. We must not conclude any thing unreasonable , or unfit , because there are some inconveniencies in it ; for all humane Constitutions have their own defects . But I dare say , the principles of my Adversaries have moe than mine ; for common-wealths are not only subject to erre , because they have their passions as well as King ; but they are subject to moe passions : for 1. These who Govern in Common-wealthes and Aristocrasies , have Rivals whom they fear , and against whom , upon that account , they bear Revenge , which Kings want . 2 , They are not so much concerned in these , they Govern as Kings ; the one considering the Common Interest , as a Tennent does Lands , of which he takes his present advantage , though he should destroy it ; the other caring for it as a Proprietar does for his own Ground ; the one Jading it , as a Man does a hired Horse ; the other using it as a Man does his own . 3. The people are ordinarly Governed by these who are the worst of men ; for these ordinarly can flatter and cheat most , and can best use the Hypocrites Vizorn : Whereas the best Men ordinarly are abstemious , modest , and love a private Life , and were there ever such Villains as Governed us in the last Age ? And in this too , can we deny but our pretenders to Liberty and Property , are the Cheats of the Nation ? Who , to be in Employment , hate such as are in it , or are such as are discontented for being put out of it , or are Bankrupts , who resolve to make up their broken Fortunes by it . 4. Even good Men when they are raised to Govern , grow Insolent , of which Princes are not capable , for they are still the same . 5. Kings and Princes know they will be Charged with what they do ; but the multitude knows , that the publick in general , and not any one Man will be blamed : and so every private Man thinks himself secure , whilst he shifts it over on another ; or else lessens it , by dividing it amongst many . 6. They are very subject to Factions , most Men scorning to obey their fellow Subjects ; and when they are in Factions , who knows whom to obey ; and those Factions will again subdivide in new ones , and so in infinitum ; and when either prevails , they spare none , because their opposits are Enemies : But Kings pity even Rebels , remembring that they are their own . And I dare say , that moe were Murthered and Ruined in one year , of the last Reforming Age , than suffered by the great Turk , the Mogul , and the King of France in twenty years . And more severity was exercised in one year by these Reformers , than by all this Race of our Kings ; these 600. years . 7. If it be said , that Kings have ill Ministers , so have Common-wealths and we observ'd in Scotland , that after we had taken from our King the Prerogative of chusing Judges and Counsellours , our Parliament did the next year , choose the greatest Block-heads , and Idiots in all the Nation , whom the Ring-leaders advanced , to the end they might Govern all themselves ; to which Cheat , Kings cannot be lyable , it being their Interest to have able Ministers ▪ And whereas Kings have no Interest to prefer one to another : yet in popular Governments , every one endeavours to prefer his own Relations . 8. In difficult Cases , haste and expedition requires , that one should be trusted : and even the Romans behoved in great dangers , to imploy a Dictator , who was accountable to no man for any thing he did . 9. There can be no Secrecy in popular Governments , as in Monarchy , and what many must know , all may . 10. Enemies may alwayes get some in popular Governments to side with them , and upon specious pretexts , to retard all good Designs ; and when popular men are Debating for shadows , the occasion slips away irrecoverably . 11. Either Common-wealths imploy no extraordinary persons , being ever jealous : or if any man become such by great Actions , or long Experience , he is presently ruined . And it is observable in this Age , that the great Zobieskie durst never undertake any great thing since he became King of Pole. And if we consider the severity of Venice against their Nobles , and their Executing Men , without citing or hearing them , and that upon meer jealousies . We must confess , that there is less Liberty there , than under the worst of Monarchies ; nor was ever any people so miserable as Rome , during their Republick , having been ruined in every age with civil Wars , and having had no great man , who died not miserably , after many false and popular Accusations , and did not de Witt find little of that Justice which he magnified in Republicks . But whatever may be said against the inconveniencies arising from the passions , humours , and insolencies of the Populace in Common-wealths , yet much more may be said against the allowing that Prerogative to them under a Monarchy , for that were to Distract for ever the Government betwixt two contradictory Supream Powers , and make the People miserable in not knowing whom to obey when they differ , and to make Government , which should defend against a Civil War , become the cause of it ; for how can it be in reason expected , but that if the People know they can controle the King , ambitious , and discontented Ring-lerders , or ignorant and bigote Multitudes will be alwayes endeavouring to use this their Prerogative , since it seems alwayes glorious , and oft times advantagious to oppose Kings , whereas on the other hand Kings cannot but be alwayes jealous of , and fear popular Invasions , and both these Powers shall like Neighbouring Princes , be alwayes endeavouring to gain advantages upon one another , and in these Contests shall be spent all the time and pains that should be bestowed in resisting the Common Enemy , which cannot but very much lessen the Love which Princes ought to have for their People , and the Respect which People ought to have for their Prince , and how can it be imagined , but that in this case the People shall alwayes groan under greater misfortunes then these which they felt betwixt the Bruce and the Baliol , the King and Queen ? Pretended Factions in the Minority of K. Iames 6. and the Houses of Lancaster and York , because the one can never end , being inherent in the nature of the Government , whereas the other are but accidental and temporary , All which cannot but appear very probable , as well as dreadful to those who consider the late Rebellion , wherein the People pretending that the King had violated their Liberties , they murder'd and pillag'd all such as were not of their Opinion , and after they had ruin'd their Prince , the People divided and fought one against another , the greater part pretending they ought to be obeyed , because of their numbers , and the lesser pretending that they were the sounder part , and had the better Cause , and it is impossible in such a case to find a Judge of Controversies . Which is another unanswerable Argument against the Peoples Supremacy , by which all they can gain is an endless Liberty of ruining one another without hope of Redress . Nor can Parliaments remedy this , for we have seen opposite Parliaments Sitting at the same time Forfeiting one another , whilst the astonished Multitude stood at a Gaze , not knowing whom to obey , and praying that God would Re-establish our lawful Monarchy , with which , when it was Miraculously Restored , they were so overjoyed as men are when they are free'd from the Gallies , in which they had been Treated as Slaves . And whereas these Republicans pretend that the King is but a Phisician , this shews that they design to have no King , for any man may lawfully change his Phisician , and Buchannans laying so much weight on this Argument makes me suspect much his honesty , for no man can have so mean an opinion of his Sense . And his comparing the Monarch to a Tutor is very extravagant , for no man is sworn to have such a mans Heirs for Tutors , but though he were a Tutor , no man can remove his Tutor at pleasure , as they say the People may remove their King. Nor is a Tutor to be laid aside but by an Action before a Superior Judge , wherein he is to be proved to have Malversed , and therefore since there is no Superior Judge except God , and that the People are not his Superiors , it clearly follows that the People cannot lay aside their King. A Tutor has not an inherent Right of Property as a King hath to the Government of the Nation , and to the Imperial Crown thereof , only I joyne so far with Buchannan in these Rhetorical expressions , that I really think the Multitude is alwayes so mad that they need a King to be their Physitian , and of so weak a Judgement like Mi. nors , that they need him for a Tutor , and without his assistance and protection every hypocritical Bigot , and ambitious Usurper would cheat them at his pleasure , and make them not only a Prey , but a Tool in their own Slavery . Nor is there any force in that Argument , the King was made for the People , and not the People for the King ; and therefore the People are Nobler than the King , and ought to be preferred to Him. For to this it is answered , that 1. The question here is not , who is more preferable , but who is the Superiour ? And though one good Christian be preferable to a thousand , who are not so , yet their Interest in the Common-wealth is not preferable ; the wiser part is still preferable to the greater part : and yet the greater will over-rule the wiser . A Shepherd is ordained for the Flock ; and yet it cannot be concluded , that a Flock of Brutes is to be preferred to any Reasonable Creature . 2. The Kings Interest and the Peoples are inseparable in the Construction of Law , which presumes , that what the King does , He does for the People , and there is none above the King , that can Judge Him , if He does otherwise . 3. Whether the Kings Power be derived from God , or from the People ? Yet if it be derived from God , it is preferable , because of Gods Ordinance : Or if from the People , it is preferable , because they , by Electing Him King , have consented that it should be so , and they having Trusted Him with the publick Interest , the publick Interest is still preferable . I know that Buchannan and others , value themselves much upon the Instance of the Bruce and Baliol , in which the people did Declare , that they preferred the Bruce , because the Baliol had enslaved the Kingdom to the English . And it is generally urged , that all Lawyers are clear , that if a King Alienat His Kingdom , His people may Disclaim Him. But my answers are , That if a King will Alienat His Kingdom , the Subjects are free in that case , not by their power to reassume their first Liberty ; but because the King will not continue King , and they are free by His Deed , but not by their own Right . 2. Even in that case , Lawyers do irritat and annul the Deed ; but dissolve not the Contraveeners Right . And as to that particular Instance , it is well known that King Robert the First , or the Bruce , as we call him , was desirous that the Parliament should threaten to choose another , if He submitted His Interest to the Popes Decision , who pretended then to be the Supream Judge , over all Kings . And Iohn Major , as many other Popish Writers were still enemies to the Supremacy of Kings upon that account . But though the Bruce , to please the people , should have shunned to quarrel what they did in such a Juncture ; yet that could not wrong the Monarchy , nor His Successors , as shall be proved . Having thus cleared , that the Kings power is not derived from the people , even though they had Elected Him , and that He is an absolute King , both by our Laws , and the Nature of our Monarchy ; and that all this is most consistent with right Reason . I come now to draw some Conclusions from these Principles . The first Conclusion shall be , that our Parliaments are not co-ordinat with our Kings , in the Legislative Power ; but that the Legislative and Architectonick Power of making Laws ( as Lawyers term it ) does Solly reside in the King , the Estates of Parliament only consenting , which will furder appear by these Reasons , 1. It cannot be denyed but we had Kings long ere we had Parliaments ( we never having had any Parliaments till King Kenneth the 3 ds . time , according to the Computation of the severest Re-publicans themselves ; for till then we Read only of the Proceres Regni , or the Nobility , or Chiefs of Clanes , and Heads of Families , who assembled upon all occasions , to give the King advice ) and therefore our Parliaments cannot pretend that they were designed as a Co-ordinate power with the King , whilst he did what was right ; much less to be his Judge , when he did what was wrong . 2. That our Kings made Laws of old without any consent , and that these were acquiesced in by the people , is clear , not only from our Histories , which do tell us , that such Kings made such Laws , without speaking any thing of either Nobility , People or Parliament , but even from our old Books of Statutes , wherein there is no mention made of the consent , of either the Nobility or Parliament : The Laws at that time beginning simply , The Kings Statutes , as in all the Statutes of King William , King Alexander 2 d. and in the Statutes of King Malcolm Canmore : King David the first , and King David the 2 d. where there is not so much as mention made of the Nobility , or the Parliament , in the very beginning of the Statutes , and that at other times the Nobility were only called , and that only the Nobility did sit , is very clear from the Inscriptions of these Parliaments , such as in the Parl. K. Alexander 2 d. which bears , to have been made with the common consent of the Nobility , cum communi consensu Comitum suorum , without speaking of any other State. Nor do I find a word of Burgesses , till the Parliament of K. Robert the 3 d. in 1400. and even according to this late Constitution , it is undenyable that the Parliament have not even an equal power with the King , much less a power above him . 3. How can that Judicature have a Co-ordinat power with the King , when no man can sit in it but by a priviledge from the King : but so it is , that all that are Members of Parliament , sit there by a special priviledge from the King , and there is nothing considered to capacitate them to sit , but the Force and Energie of that Priviledge , without respect , either to what Land they possess , or what number of People they represent . And thus the Nobility and Bishops , sit there , by vertue of the Kings Creation ; and the King may Creat a hundreth Noblemen that morning that the Parliament is to sit , though none of all the hundreth , have not one foot of Land in Scotland ; and though the Barons must have some Land , else they cannot Represent any Shire ; yet though a Gentleman had 5000. pounds Sterling a year , he could not sit there , except he be the Kings immediate Vassal , and holds his Lands of His Majesty in capite : So that he sits not by vertue of his Land , but as Capacitated by the King. And though these who Represent the Burrows Royal are Commissionated by the people of their Burghs ; yet the people who sent them , are not considered in that Commission , but the power only which the King gives them to send : For though a Town had a hundreth thousand Inhabitants , and another only twenty Inhabitants : yet these 100000 could not be Re-presented in Parliament , except the King had Erected their Town in a Burgh Royal , From which I evince two things , 1. That the Parliament is the Kings Council , in which he may call any He pleases , and not as the peoples Representatives only , since there are great multitudes in the Nation , Represented by none there : For tho they Represent their Constituents in Parliament , yet the power of sending Representatives , is derived from the King Originally , and flowes not from any proper Right inherent in those whose Representatives they are . 2. That Judicature cannot have a Co-ordinat power with the King , which He needs not Call except He pleases , and which He can Dissolve when He pleases : and in which , when they are Met , He has a Negative Voice , which can stop all their Proposals , and Designs ; For , if they were Co-ordinat with the King , then par in parem non habet imperium , and it is against common Sense to think that these two can be equal , when the power of the one flows from the other ; By which is likewise clear that the great principle laid down by Buchannan , viz. That the King is Singulis Major , universis Minor , greater than any one , but less than the collective Body of the Parliament taken together , is absolutely false ; because he has a Negative Voice over that collective Body , and as they cannot Meet without him , so he can Dissolve them when he pleases , and I confesse it seems to me unintelligible how they can be greater than the King , by vertue of a power which they Derive from the King. 4. The Parliament is called by the Kings Council , as is clear from the Inscriptions of all our old Parliaments . Thus the Statutes of Alexander the 2. begin , Alexander By the Grace of God King of Scots did by the Common Council of his Earls Decree , &c. The Statutes of K. Robert bear to be by the Common Council of his Prelats , &c. The first Statute of King Robert 2. Bears that none who is Elected to be of the Kings Council shall bring another to it who is not Elected . The 8 , and 13. Parliaments of K. Ia. 1. And the 2 , 3 , 4 , and 7. of K. Ia. 2. Bear for Inscriptions , The Parliament or general Council of such Kings . And the 1. Act of that 8. Parliament K. Ia. 1. Bears Quo Die Dominus Rex deliberatione & consensu totius Concilij , &c. And it is against Sense to think that any mans Counsel can have Authority over him , for as we say Counsel is no Command . 5. The Parliament was but the Kings Baron Court , as is very clear to any man who will read the old Registers of Parliament , in which he will see that the Parliament was Fenc'd , and the Suits were called , and Absents Unlawed as in other Baron Courts , whereof many publick Records are extant , and I shall only set down that of the 8. Parliament Ia. 1. The words of which Inscription are , In Parliamento octavo , vel Concilio generali Illustrissimi Principis , Iacobi Dei gratia Regis Scotiaetento apud Perth & inchoato tificato & approbato , tanquam sufficienter & debite praemunito , per tres Regni Status , duodecimo die mensis Julij Anno Domini millesimo , quadringentesimo vicesimo , octavo , cum continuatione dierum & temporum , summoni●is & vocatis debito modo & more solito , Episcopis , Abbatibus , prioribus , Comitibus , Baronibus & omnibus libere tenentibus , qui tenent in capite , de dicto Domino nostro Rege & de quolibet burgo regni , certis burgensibus , comparentibus omnibus illis , qui debuerunt , voluerunt & potuerunt interesse , quibusdam vero absentibus , quorum quidam fuerunt legitime excusati , aliis per contumaciam se absentantibus , quorum nomina patent in rotulis sectarum , quorum quilibet adjudicatus fuit in amerciamento decem librarum ob ejus contumaciam . And that the King was Judge what Barons should come to the Parliament , is most clear by the 75. Act Par. 14. Ia. 2. whereby it is declared , no Free-holder under the sum of 20. pounds , shall come except he be specially called by the King , either by his Officer , or by Writ , and tho afterwards the King allowed two Barons of every Shire to be sent to Represent all the Barons for saving Expences , yet even after that Concession it is declared by the 78. Act Par. 6. Ia. 4. That no Free-holder be compelled to come , but gif our Soveraign Lord Writ specially for them . It being thus clear that the Parliament is the Kings Baron Court , it seems a wonder to me how it could have entered into the heart of any sober man to think that any mans Baron Court , but much lesse the Kings Baron Court , should have power and jurisdiction over him , and that it should be lawful to them , as Buchannan and these other Authors assert , to punish him or lay him aside , all which assertions are equally impious and illegal . 6. When the King resolves to lessen any way his own Power , this is not done by the Authority of the three Estates , as certainly it would be , if they had the power to lessen his Authority , but the King does the same from his own proper Motive , as when the King binds up his own Hands from granting Remissions in cases of fore-thought Fellony , Ia. 4. Par. 6. Act 63. And when an Act was to be made , discharging the Lords of the Session to admit of privat Writings from the King to stop the procedure of Justice , this is not Enacted by the three Estates but only by the King , and is founded upon the Kings own Promise , Act 92. Par. 6. Ia. 6. And in all Acts of Parliament the King only Statutes as Legislator , and the Parliament only Advise and Consent , which shews that they are not Co-ordinat with the King , as is asserted by Buchannan and others , much lesse above him . And the Acts of Parliament in the late Rebellion having run thus , Our Soveraign Lord , and the three Estates contrare to the Tenor of all the Laws that ever were made in Scotland . The Parliament returning to their duty , ordained that Style to be altered , and to bear as formerly , Our Soveraign Lord , with Advice and Consent , &c. But lastly , what advantage can the people have by placing their security in the Parliament , since they are so lyable to Passions , Errors , and Extravagancies , as well as Kings are , and have , if Buchannan be believed , betrayed the interest of the Kingdom , since K. Kenneth the seconds time , now above 700. years ; and they are ordinarily led by some pragmatical Ring-leaders , who have not that interest to preserve the Kingdom that Kings have : and since the King may make so many Noble-men and Burghs Royal at pleasure , by whose Votes he may still prevail . What security can we have by giving them a power above the King , or how can they have it ? From all which it may clearly appear that we have had Kings long ere we had Parliaments , and that the Parliaments derive their power from the King ; and that at first our King only called the Heads of Families , and his own Officers , as his Council , with whom he consulted , without any necessity to call any others than he pleased , there being no Law , Article , nor Capitulation obliging him from the beginning thereto : And our Kings were so far from having Parliaments associated with them in their Empire , that there is no mention at all of them , or of any condition relating to them in the first Institution of our Kings above-related ; nor were there any Parliaments in beeing at that time . But after the Feudal Law came to be in vigor , then our Kings looking upon the whole Kingdom as their own in property ; King Malcolme Canmore did distribute all the Land of Scotland amongst his Subjects , as his Liedge-men , which is clear by the first Chapter of his Laws ; and according to the Feudal Law , all the Vassals of our Kings compeared in their Head-Court , and therein consulted what was fit for the Kingdom ; but thereafter the way of making War , requiring Money and Property belonging to the Subject , as Government did to the King , it was necessary to have their consent for raising Money : And from this did arise the inserting the advice and consent of the three Estates in our Acts of Parliament . From this also it is very clear that their opinion is very unsolid and ill founded , who think that Kings can do nothing without a special Act of Parliament , even in matters of Government . As for instance , that , he cannot restrain the licence of the Press , or require his Subjects to take a Bond for securing the Peace ; for these and the like being things which relate immediatly to Government , the King has as much right to regulate these , as we have to regulate and dispose upon our Property , Government being the King's Property . 2. Though the Monarchy had been derived from the People , yet how soon our Kings got the Monarchy , they got every thing that was necessary for the Explication and Administration of it , which as it is common sense and reason , so it is founded upon that most wise and just Maxime in Law , Quando aliquid conceditur , omnia concessa videntur , sine quibus concessum explicari nequit . 3. I desire to know where there is yet a Law giving the King a Negative voice , a power of erecting Incorporations , or a power to grant Remissions , for Crimes , or Protections for Civil Debts , and yet the people is far more concerned in these ; and the King 's having power to do these , and a thousand other things , doth rather oblige and warrand me to lay down a general rule , that the Kings of Scotland can do every thing that relates to Government , and is necessary for the administration thereof , though there be no special Law or Act of Parliament for it , if the same be not contrary to the Law of God , Nature , or Nations . The second Conclusion that we draw from these former principles , is , that Princes cannot be punished by their own Subjects , as Buchannan and our Republicans do assert , which is most clear by the former Laws , wherein it is declared , that the King is a Soveraign and Absolute Prince , and deriving his power from God Almighty . That it is Treason to endeavour to depose , or suspend the King. Wherein our Law is founded on the nature of Monarchy ; for if He be Supream , He cannot be judg'd , for no man is judg'd but by his Superior , and that which is Supream can have no Superior : and on the Principles of the Law of Nature and Nations , because saith the Law , no man can be both the person who Judgeth , and the person Judg'd ; and it is still the King who Judgeth , since all other Judges do represent him , and derive their power from him , Ipse se prator cogere non potest , quia triplici officio fungi nequit suspectum dicentis , & coac●● , & cogentis L. Ille a●quo ff . ad Trebell . It is a principle in all Law , that Jurisdiction and all other Mandats cease with the power that granted it , and therefore as they acknowledge that a King cannot be cited till he have forfeited His just Right , so how soon he has forfeited it , all the power of the ordinary Judges in the Nation falls , and becomes extinct , and no other Judge can Judge Him , because no other Judge can sit by vertue of any other Authority , till it be known that he has forfeited his , and that cannot be till the event of the Process ; and if the People be Judges , yet they cannot assume the Government till the King has forfeited it : And why also should they be Judges , who have neither knowledge nor moderation , who are acted by humor , and delight in insolence ? And how shall they meet ? Or who shall call them ? Nor can the Parliament judge them , because they derive their right from the King , as shall be prov'd : And though they were equal , yet no equal can judge another , par in parem non habet Imperium , nemo sibi Imperare potest . No man can command himself , l. si de re sua , ff . derecept . ●rbitr . Nemo sibi legem imponere potest , l. quid autem ff . de donat . inter virum & uxorem , and therefore the Civil Law , which is ours by Adoption , does positively assert , that Princeps legibus solutus est , the King is liable to no Law , l. princeps , ff . de legibus : For though He be lyable to the Directive Force of the Law , that is to say , He ought to be Governed by it as His Director : Yet He is not lyable to the Co-ercive Force of the Law , as all Lawyers that are indifferent do assert , H●rmenopol ▪ l. 1. tit . 1. Sect. 48. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The King is not Subject to the Law , because offending against them , he is not punisht , vid : Granswinkell . cap. 6. Arnis . cap. 4. Francisc. a victoria Relect. 3. num 4. Ziegler . de jur . Majes . cap. 1. num . 12. with whom the Fathers also agree , Ambros. in Apol. David cap. 4. Liberi sunt Reges a vin●ulis delictorum neque enim ullis ad poenam vocantur legibus , tuti Imperij potestate Isiodorus 3. sent . cap. 31. populi peccantes Iudicem me●●u●t , Reges autem solo . Dei timore , metuque g●hennae coercentur : And in this Sense , they take these words , Psal. 51. — Against thee , thee only have I sinned ; and I was glad to find in Bishop Vshers Power of Prin●es , amongst many other Citations , that the Rabbies , and particularly Rabbi Ieremiah own●d that no Creature may Judge the King , but the Holy and Bless●d God alone , in which also Heathens agree with Jews and Christians , Ecphantas the Pithagorean makes it the Priviledge of God , and then of the King , to be Judg'd by none , Stobeus Sermon . 46. and Dion in Marco Aurelio tells us , that it is certain , that free Monarchs cannot be Judg'd , save by God alone , and if it were otherwise , we should see them very unsecure , for the ambition and avarice of insolent Subjects should never or seldom miss to form their Process , and why should Parties be Judges ? But to demonstrate the Justice Kings and Princes are to expect from the Populace and Mobile , let us remember their Material Justice , in the usage of our Saviour , when they cryed , Crucifie him , Crucifie him ; their Sentence against King CHARLES the Martyre , when they were at the hight of their pretensions to Pietie , and publick Spiritedness ; their usage of de Witt , the Idolizer of them , and their Common-wealth : and if we want a true Idea of their Form of Process , we will find it in their usage of the Arch-bishop of St. Andrews and others , no L●bel , no Citation , no Defenses , no Sentences , no time to prepare to die : and yet all this are the Dictates of pure and devout publick Spiritedness . Buchannans Bloody Arguments for this position are , that Tyrants have been Murthered with applause , and Princes would become licentious , if they were not Restrained , by the just fear of being called to an account : That the Roman and Venetian Magistrates have been punish'd by the people , and that the ordinary Judges of the place have Judg'd them : and that some of our Kings , as well as these of other Nations , have been punish'd as Tyrants . To which I answer shortly , that Inconveniencies must not prevail with us to break our Oathes , and overturn our Laws , for nothing has so great inconveniencie in it , as this has , these being but partial , and this is a total Inconveniency . And the English Lawyers agree , that a mischief is better than an inconvenience , and this should have been considered , before we swore to Monarchy : and if the people were Electors , as they never were ; yet they should have reserv'd this power , or else they cannot now challenge it . But though our Law were not clear , as it is most uncontroverted upon this point : Yet right Reason should perswade us to have reserv'd no such power : For as Kings may erre , so may the Judges who are to Try them : and it is more probable their Tryers will , because they may be acted by Revenge , Ambition , or Popularity ; and there is nothing so lyable to erre as the populace . The Romans and Venetians might have punish'd their Magistrates , because these Magistrates were not Vested with a Supream power ; nor were they Soveraigns as our Monarchs are . And those Judges who Try'd them , deriv'd not their power from those Magistrates who Try'd them , as our Judges do ; for the same consent , and compact by which they were made the Chief , the others were made also Magistrates , which cannot be said of absolute Monarchs , who derive not their power from the people as these do , and the Instances of Kings who have been Murder'd , are Crimes in them , who did commit them , and so should not be Rules to us . And generally the best of Kings have been worst us'd . But who can escape by innocence , when King CHARLES the Martyre fell by Malice : Such also as cry up the Murtherers of Tyrants ▪ who had no just Right , never meant to allow the Arraignment of lawful Monarchs , who , when they erre , have God only for their Judge ; and if they fear not Him , and eternal Punishment , they will not probably fear mortal Men , and their own Subjects whom they can many wayes escape . 2. There is no Creature so unreasonable , but he will use his own with discretion , though there be no Law obliging him to it , nor Punishment to be inflict'd , if he do otherwayes : who burns his own House , or drowns his Lands , though he may do it ? For the Law considers , that a King is either mad , and if so , he will respect no Law , and should not be punisht , at least he will not stand in awe for fear of it , or else he is of a sound Judgment , and then he needs no Law ; and therefore , Why should we apprehend that a King will destroy His own Kingdom . 3. A King is also obliged by His Fame , to do things worthy of His high Trust , and things able to abide that conspicuous hight to which he is expos'd . 4. Though His people ought not to Rebel , yet no thinking man can be sure that they will not . And therefore even the greatest Tyrants fear such accidents , though they know they are not bound by these Laws , that tye Subjects . And if all these fail , yet we must reverence Gods Dispensations , and expect a redress of these unusual Emergents from his Divine Goodness , for whose sake we suffer them ; Rather then expose all to ruine , by endeavouring a revenge , that may be so unjust , in the preparative , and dangerous in the event . The 3. Conclusion which I shall draw from the former principles , shall be , that as it is not lawful for Subjects to punish their Kings , so neither is it to rise in Arms against them upon what pretext soever , no not to defend their Liberty nor Religion . Which Conclusion also I shall endeavour to Establish on sure foundations of Positive Law. Reason , Experience , and Scripture . As to our Positive Law , it is clear , for by the 3. Act Par. 1. Ia. 1. It is declar'd Rebellion to rise in Arms against the Kings Person : And by the 14. Act 6. Par. K. Ia. 2. It is Treason to Rebel against the Kings Person or Authority : By the 25. Act Par. 6. Ia. 2. It is Treason to rise in fear of War against the Kings Person or his Majesty , or to lay hands upon his Person violently , whatever age they be of , or to help or supply these who commit Treason . By the 131 Act 8 , Par. Ia. 6. All the Subjects are discharged to Convocat for holding of Councils or other Assemblies without his Majesties expresse Warrand ; and by the 12. Act 10. Par. K. Ia. 6. The entering into Leagues or Bonds without his Majesties special Command is declared to be Sedition . All which Acts are prior to Buchannans time , and consequently he was very inexcuseable in advancing this Rebellious Principle . And these Laws having excepted no case , exclude all cases and pretexts of rising in Arms against the lawful Monarch ; but our unhappy Countrey-men having by a long and open Rebellion oppos'd the most devout , and most just of all Kings upon the false pretexts of Liberty , and Religion , the Parliament of this Kingdom , from a full Conviction of the Villanies of these times , and to prevent such dangerous Cheats for the future , they did by the 5. Act , Par. 1. Char. 2. Declare it to be Treason for any number of his Majesties Subjects to rise in Arms upon any pretext whatsoever , and to shew that all such Glosses as were us'd by Buchannan were absurd , and did not evacuat the first Laws , though general , the Parliament did by the 4. Act of that 1. Parliament declare that any Explanation or Glosse , that during the late Troubles hath been put upon these Acts , as that they are not to be extended against any Leagues , Councils , Conventions , Assemblies , or Meetings , made , holden , or kep't by the Subjects , for Preservation of the Kings Majesty , the Religion , Laws , and Liberties of the Kingdom , or for the publick Good either of Kirk or Kingdom , are false and Disloyal , and contrare to the true and genuine meaning of these Acts. Which Statute is a clear decision against Buchannan , finding that the Statutes that were prior to his time , and all other such general Statutes made in favours of the King , did formerly strike against his Principles and Distinctions . As also to preclude all avenues to Rebellion by teaching , defending , or encouraging others to Rebel upon these pretexts , as the former Act declared , that actual rising in Arms was Rebellion . So by the 2. Act Sess. 2. Par. 2. Charles 2. It is declared Treason for any Subject to maintain these positions , viz. That it is lawful for Subjects upon pretence of Reformation , or any other pretence whatsoever , to enter into Leagues , or Covenants , or to take up Arms against the King , or any Commissionated by him . 2. All the Arguments formerly adduc'd against the power of the Subject to punish his Person , do fully prove likewise that they have no power to rise in Arms against him . For either the collective Body of the Subjects are Superior to him , and if so , they may not only rise up in Arms against him , but they may punish him ; but if the King be Superior to them , as has been formerly prov'd , then it cannot be lawful for Subjects to rise up in Arms against him , no more than it is to punish his Person . Nor can I see how all such as declare for a Defensive War , are not to be concluded guilty of designing to Murther the King , for if the King come in Person to defend his own Right , as certainly he will , and must ; can it be thought they will shoot at none , least they kill him ? and if they shoot , how can they secure his Sacred Person ? and if they kill him in the Field , are they less guilty of his Murther , than these Russians who lately design'd it ? Or doth it lessen the guilt that these design'd to kill him alone privately ? whereas our moderate men will in face of the Sun , and with display'd Banners against God and him , kill with him all such , as being perswaded that they are obliged before God to assist him , expose their lives for their duty . 3. That dangerous , though specious Principle of defensive Arms , is inconsistent with that order of Nature which God has established , and which is absolutely necessar amongst all other humane Relations ; and by the same Analogy , by which we allow Subjects to rise against their Prince , we may much more allow Children to rise against their Parents , Servants , against their Masters , Souldiers against their Officers , and the Rabble against their Magistrates : for the King does eminently comprehend all these relations in his Soveraignty , as inferiour Branches of that Paramount , and Monarchical power . And what a glorious state should mankind be left in , if Anarchy were thus Established , and every man should be invested with power to be his own Judge ? Or dares any reasonable man assert , that this is fit to be allowed in the present condition of Mankind , for since the generality of men can scarce be contained in their Duty by the severest Laws that can be made , what can be expected from them , when they are loosed from all Law , and are encouraged to transgress against it ? If the multitude could prove that they were infallible , and that no oppression could be expected from them , some thing might be said , why we might ballance them with authority . But since both Reason and dolefull experience , teach us , that generally the multitude consists of Knaves and Fools , who alter not to the better by Conspiring together , nor become juster , for being led by such ambitious , and discontented Spirits , as ordinarly lead on Rebellions . It is safer to obey those of the two fallible Governours , whom God hath set over us , and whom the Law tyes us to obey , and to whom also we are bound by the Oath of Allegiance ; especially , seing thus we may probably expect , that they will be more careful of us , as being their own , than meer Strangers , who use us only for their own Ends. And at the worst in the King , we can have but an ill Master , whereas in allowing Subjects to usurp , we may fight to get our selves hundreds of Tyrants , and these two fighting against one another , so that we shall not even know which of these Devils to obey . The Arguments that can be adduc'd to justifie this Principle of Defensive Arms , are almost answered in the former Article , viz. That there is a mutual Obligation betwixt King and people , so that when He breaks the one , they are free from the other , and that all Government is Establisht for the advantage of the People , and thus these few Arguments peculiar to this Point , remain now only to be here solv'd . 1. That self-defence is by the Law of Nature allow'd to all , and even to Brutes ▪ why then should men who may lose more , who deserve better , and can use self-defense more innocently be debar'd from it ? 2. We see in Scripture , that the people deserted and oppos'd their Kings for Religion . 3. This has been allow'd with us in the instance of King Iames the third , against whom his Subjects rose in Rebellion , for Mis-governing and oppressing His people , and this opposition , was first justified by God , in the success he gave to their Arms , and thereafter by a special and express Act in the ensuing Parliament , which stands yet unrepeal'd . To which I shortly answer , that as to the first of self-defense in Brutes , we must still remember , that God having design'd Government to bridle the Extravagancies of restless Mankind , he has appointed Magistrates to be his Vicegerents and Representatives , and has entrusted them with his power , and so opposition to them is unlawful , because it is not lawful against him ; and because if it were allow'd , all would pretend to it , and so there should be no Order , nor Government . And that this may be the better observ'd , God has endowed man with Principles fitted for these ends of Order and Society , amongst which , one is , That the publick Safety of the whole is to be preferr'd to the Safety of any one man , or of any number of private men , who are not to be considered as the publick , because that is the publick Interest , which is the Representative of the Nation , and that this Principle may be the better obey'd , he has commanded men to suffer injuries , rather than occasion Disorders , and has promised to reward Patience and Submission for his sake , with eternal Life , a Nobler Prize , than we here can contend for . This being then Premis'd , It is answered , that though Brutes may defend themselves , because Order and the common good of Societies are not there concern'd ; yet there is no reason to extend this to Men , whose self-defense against Authority occasions more mischief , than it can bring advantage : and if this Argument hold , it would prove , that every man who is unjustly Condemn'd , or at least thinks so , may kill the King , or His Judge ; Servants might bind their Masters , and the people of any private Town might pull down their Judge from the Bench , when they thought he opprest them . And as these must submit , because they expect Reparation from a higher Tribunal . So God has promised Reparation to those who suffer for his sake ; and the greatness and sureness of this Reward , makes this no uncomfortable Doctrine , and this Submission is as necessary , and rather more , for mens preservation , than Resistance ; and is a kind of self-defence , since opposition to Authority would bring a certain ruine , and confusion , in which moe would perish , than opposition by private self defence would preserve . Upon which Christian Principles also , Ames . a Protestant and Calvinist Divine has resolv'd that , In bonis temporalibus tenetur quisque personam publicam si●i ipsi praeferre , bonum enim totius pluris faciendum est quam bonum alicujus partis Cas : conscient : l. 5. cap. 7. Thes· 14. and Lex Rex confesses , p. 335. That a private man should rather suffer the King to kill him , than that he should kill the King , because he is not to prefer the Life of a private man , to the Life of a publick man. And whereas it may be pretended , that though this opposition should not be trusted to any private man , yet Parliaments and the Collective Body should , and may be trusted with it . But to this I have answered formerly , that all Convocations without Authority from the King , and all rising against him are indefinitely declared unlawful , and justly , for whoever wants Authority , is but in a private capacity , none having a publick capacity , save the Magistrates . And if they be allow'd to rise , because their quarrel is just , it must be as just to allow a lesser number , if they have the same Justice in their pretexts , and we have frequently seen , that the same persons who magnified the multitude for their numbers , did shortly thereafter divide from them , pretending that they were the Sanior pars , or juster Party . 4. This position is against the very Nature , not only of Monarchy , but of all Governmments ; For who will obey when they may resist ? And who can be Judges whether the pretences upon which Arms are taken , be lawful , or not ? And therefore since it is unlawful for Subjects to take up even Defensive Arms , until it be found that the King against whom these defensive Arms are taken up be a Tyrant , and an Oppressor : It clearly follows , that these Subjects must first have a power to judge and find that the King has erred , which is to declare the People to be Judges of their King ; and we may be soon convinced that this Principle is against the Nature of all Government , if we consider that if it were lawful for Subjects with us to rise against the King , it should be lawful for these in a Common-wealth , or Aristocracy , to rise against their Governors , since these may erre as well as Kings do ; and if this were allowed , all Nations should alwayes have one Rebellion rising out of the Ashes of another , for only they who prevail'd should be satisfi'd , and all the rest would certainly conclude that they might more justly oppose these Usurpers , one or moe , then the first did oppose their lawful Prince ; and thus Government which is design'd for the security of the State , should run in a Circle fixt upon no certain Basis , and determined by no sure Measures . 5. This Principle is dangerous for the Subjects , as well as for the King and other Governors ; for if Kings be perswaded that Subjects think this opposition lawful , then they will be still jealous of them , and will be necessitated on all occasions to secure against such oppositions , and so this Doctrine tends more to make our King a Tyrant , than to make us free . And if the difference betwixt King and People , should draw both to Arms , where can we find a Judge , to whom both Parties will submit ? So that to allow this power in the People to debate , is to allow a difference that can never end ; and so what innocent man shall be able to know whom he may securely follow ? And the best issue that could be expected from these debates , would be , that the one half of the Nation should ruine the other : So comfortable and just is this rebellious Doctrine . 6. If we consult either our own experience , or History , we will find that these pretexts of Liberty , and Religion , have alwayes been used by those who loved neither , and that they have been ordinarily used against the best of Kings , and so prove to be meer Cheats upon their parts who use them , and absolute Villanies , if we consider against whom they are used ; and it cannot be otherwayes , for the worst of men are alwayes readiest to take Arms , and the best of Kings are most inclined to suffer insolence to grow up by degrees to Rebellion : And as few or none ever took up Arms against their King , in whom even the dullest did not see other motives than a love to liberty and Religion , so when they who did take up Arms upon these pretexts , did succeed in their attempts , they became themselves greater grievances to the people , than these lawful Powers against whom they pretended to protect them : and when others rose against them upon the same pretexts , they did in the severest manner declare that to be Rebellion in others , which they contended to be lawful in themselves . 7. So dangerous is this Principle , that it has been alway●s us'd as a Tool to promote contrary designs , and to serve the worst of men in all the opposite sides . And thus we see that the Bigot Papists have by it overturn'd Thrones , and disinherited and murdered Kings . In which the most impious of their Doctors have been admir'd and follow'd by the rigid Phanaticks , who did notwithstanding teach , that all Papists were to be extirpated , and unquiet Spirits in the establish'd Republicks of Rome , Venice , and Florence , have by this Principle endeavour'd to overturn and disquiet as much their own Common-wealths , as our Republicans have impiously endeavour'd to destroy Just Monarchy , thereby to settle an usurping Common-wealth . 8. The only pretext that can justifie the rising up in Arms , being , that it is lawful to all Creatures to defend themselves ; the pretext must be dangerous , since its limits are uncertain : For how can Defensive Arms be distinguished from Offensive Arms ? Or , whoever begun at the one , who did not proceed to the other ? Or , what Subject did ever think himself secure after he had drawn his Sword against his King , without endeavouring to cut off by it that King against whom he had drawn it ? The hope of Absolute Power is too sweet , and the fear of punishment too great , to be bounded , and march'd by the best of Men : And how can we expect this moderation from these who at first wanted patience to bear the lawful Yoke of Government , but because examples convince as much as reason , let us remember how when this Nation was very happy in the Year , 1638. under the Government of a most Pious and Just Prince , born in our own Kingdom , we rais'd an Army , and with it Invaded His Kingdom of England , upon the pretext that He was govern'd by wicked Counsellors , and design'd to introduce Popery ; and this was justified as a Defensive War , by a long tract of General Assemblies , and Parliaments : and if this be a Defensive War that is justifiable , what King can be secure ? Or , wherein shall we seek security against Civil Wars ? Or what can be more ridiculous than to pretend the invading Kingdoms , Murthering such as are Commissionated by the King , after that Invasion , entering into Leagues and Covenants against him , both at home and abroad , the robbing him of his Navies and Militia , and denying him the power to choose his own Counsellors and Judges , are meerly Defensive ; but God Almighty , to teach us how dangerous these Defensive Arms are , and how impossible it is to regulat Lawless violence , how gentle and easie soever the first beginnings are , suffered our War , which was so much justified for being meerly Defensive , to end in the absolute overthrow of the Monarchy , and the taking away the life of the best of Kings ; and it is very remarkable , that such as have begun with the Doctrine of giving only Passive Obedience in all things , as in refusing to pay just Taxes , to concur in securing Rebels , &c. have from that stept up to Defensive Arms , and from that to the Power of Reforming by the Sword , and from that to the Power of Dethroning and Murthering Kings by Parliaments , and Judicatures , and from that to the Murthering and Assassinating all who differ'd from them , without any other pretext or formality whatsoever , so hard a thing it is to stop when we begin once to fall from our duty : and so easie a thing it is to perswade such as have allowed themselves in the first degrees of guilt , to proceed to the highest extravagancies of Villanie . Oh! What a blindness there is in Error ? And how palpably doth God desert them , who desert their duty ; suffering them after they have done what they should have abhorred , to proceed to do what they first abhorred really ? To these I must recommend the History of Hazael , who , when the Prophet foretold him , 2 King. 8.12 , 13. That he should slay their young men with the sword , dash their children , and rip up their women with child , answered him , Am I a dog , that I should do such things ; and yet he really did what he had so execrated . The moderation likewayes of these modest pretenders to Self-defence , and Defensive Arms , will appear , by the bloody Doctrine of their great Rabbies , Buchannan not only allows but invites Subjects to Murder their King. And Lex Rex , Pag. 313. tells us , that it is a sin against Gods Command to be Passively subject to an unjust Sentence , and that it is an Act of Grace and Virtue to resist the Magistrate violently , when he does him wrong : and after that horrid Civil War was ended , the Author of Naphtali doth justifie it , pag. 16 , and 17. in these words , Combinations for assistance in violent opposition of the Magistrates , when the ends of Government are perverted ( which must be referr'd to the discretion of them who minds Insurrection ) are necessary by the Law of Nature , of Charity , and in order to Gods Glory , and for violation of this duty of delivering the oppressed from Magistrates , Judgement comes upon People . From which he proceeds , Pag. 18 , and 19. to assert that , Not only the power of self-defence , but vindicative , and reforming power is in any part of the People , against the whole , and against all Magistrates , and if they use it not , Judgment comes on ( supposing their capacity probable to bear them forth ) and they shall be punish'd for their connivance , and not acting in way of vindication of Crimes , and reforming abuses . Before I enter upon these Arguments , which the Scripture furnishes us with against these rebellious Principles ; I must crave leave to say , that Defensive Arms seem to me very clearly inconsistent with that Mortification , Submission , and Patience , which is recommended by our Blessed Saviour , in all the strain of the New Testament ; and how will these people give their Coat to a Stranger , or hold up their other Cheek to him , when they will rise even in Rebellion against their Native Prince . 2. As the taking up of Arms is inconsistent with the temper requir'd in a Christian ; so it seems a very unsuitable mean for effectuating the end , for which it is design'd , since Religion being a Conviction of what we owe to God , how can that be commanded , which should be perswaded ? And how can Arms become Arguments ? Or how can External Force influence immaterial Substances , such as are the Souls of Men. And we may as well think to awake a mans Conscience by Drums , or to perswade his Judgment by Musquets ; and therefore the Apostle speaks only of Spiritual Arms , in this our Spiritual Warfare , The Sword of the Spirit , and the helmet of salvation , &c. But good God , how could the extravagancy of forcing the Magistrate by Arms , in Defense of Religion , enter into Mens Heads ? when it is unlawful even for the Magistrate himself , to force Religion by Arms. And as Subjects should not be by the King forced to Religion ; so if they use Force against the King , the pretext of Religion , tho specious , should not defend them . And therefore when the sons of Zebedee desired fire from heaven , upon these who oppos'd even our Saviour , he told them , that they knew not what spirit they were of . 3. It seems very derogatory to the power of Almighty God , that He should need humane assistance , and it is a lessening of the great esteem that we ought to have for the energy , force and reasonablenesse of the Christian Religion , that it needs to be forc'd upon men by Arms , as if it were not able to force its own way . This Mahomet needed for his Cheats , but our blessed Saviour needs not for his Divine Precepts , and therefore when Peter offered to fight for him , our Saviour check't him , commanding him to put up his Sword , and to perswade him the more effectually , he assures him , that all these who take the Sword , shall perish by it , and that his Kingdom was not of this World , and so he needed no such worldly help , but if he pleas'd to call for legions of Angels , his Omnipotent Father would send them , and sure Angels are fitter and abler Instruments to carry on such a work of Reformation , than Rebellious Regiments of Horse and Dragoons . Which Divine Argument serves also to refute the Atheistical Doctrine of Buchannan , and Owen , who would perswade us , that our Saviour did only recommend to his Disciples to flee from one City to another , when they were persecuted , Because they then wanted power to resist . For tho they did want , yet our Saviour could have , by legions of Angels , defeated all the Powers upon Earth : And Tertullian in his Apology for the Christians , insists on their patient suffering under Persecution , tho their number were sufficient to have resisted . 4. Our blessed Saviour foreseeing that Mans Corruption would in spight of Christianity , prompt him to resist ; he therefore did command by the Apostle Paul , Rom. 13. v. 1 , and 2. Let every Soul be Subject to the higher Power for there is no power but of God ; the powers that be are ordained of God , whosoever therefore resisteth the power , resisteth the ordinance of God : and they that resist shall receive to themselves damnation . In which Text , it is very remarkable that the Apostle urges this Christian duty of submission , as being a mark of mans immediat dependance upon God , and as that , which when contemned brings eternal damnation . And whereas it is pretended that this Text commands only submission to Magistrats , whilst they Act Piously , and Vertuously , because only in so far they are Gods Vicegerents , but discharges not resistence to their impious commands . It is answered that the Text has no such limitation , and we must have so much respect to the Scripture , as to think that if God Almighty had design'd to allow such an opposition , he would have warranted it , in as clear Terms , as he commanded the submission , and the reason why this submission is commanded , is not because the power is rightly us'd , but because the power is ordained of God. And we see that St. Paul himself did think that the power should be reverenc'd , even when abus'd : for when the high Priest was Injuring him , he acknowledged that he was obliged not to speak evil of the Rulers of his People , Acts 23.2 . And if this place of Scripture , and the submission therein commanded , were so to be limited , we behoved likewise so to limit the 5. Commandment , and not to honour our Parents , except when they are Pious , nor to obey them , if they vex or trouble us ; and St. Paul having written this Epistle to those , who were then living under that monstruous Emperour Caius , did clearly design , that the Christian Religion was to be admired for commanding Subjects , not only to obey good Princes , but even submitting peaceably to Tyrants . And suitable to this Doctrine are these Texts , Heb. ch . 12. v , 9. We had Fathers of our flesh , who corrected , and chastened us , after their own pleasure , and we gave them reverence ; and lest we might think that Text rather a Narration than a Command , it is told us Peter 2. v. 18. Servants be subject to your Masters with all fear , not only to the good and gentle , but also to the froward , for this is thanks-worthy , if a man for conscience toward God do endure grief And v. 20. If when ye do well , and suffer for it , ye take it patiently , this is acceptable to God , for even hereunto were ye called . Our blessed Saviours practice , did likewise agree most admirably with his Precepts and Doctrine formerly insisted on , for though no man ever was , or can be so much injur'd as his blessed self , nor could ever any defensive Arms have been so just , as in his quarrel , yet he would not suffer a Sword to be drawn in it , and to discourage all Christians from using Arms , he told these who were offering to defend even himself with Arms , that whosoever should draw the Sword , should perish by it , and it seems that God Almighty permitted Peter to draw his Sword at that time meerly , that we might upon that occasion be for ever deterr'd from defensive Arms , by this our Saviours Divine example and reasoning . The last Argument I shall adduce , shall be from that most Christian Topick us'd by St. Paul , Rom. 3.8 . We should not do ill that good may come of it . And therefore since disobedience to Magistrats , but much more to Rebel against them , is discharg'd both by the Laws of God and Men : This disobedience and opposition , cannot be justifi'd by pretending that it is design'd for Reforming the Nation . And if it be answer'd , that this opposition is not in it self ill , because the design justifies it . It is to this reply'd , that if this answer be sufficient , then the former excellent Rule is of no use : For when a Servant steals his Masters Money to give to the Poor ; or a Son cuts his Fathers Throat , ecause he is vitious ; or when Iacques Clement Stabed Henry the 3. and Ravilleck Henry the 4. they might have alleadg'd the same in their own defence . Nor know we a surer proof that any thing is impious , or unlawful , then when the Laws of our Nation have discharg'd it as a great Crime , they being against and contrare to no positive Law of God ; but rather suitable to the same ; and own'd as such by Christian Synods and Divines : and there being no necessity to inforce this going out of the Road. All which holds in this case , nor can it be imagin'd , how Reforming by Arms , can be thought necessary , since God both can without a Miracle , Turn the hearts of Kings , in whose hands they are , as Rivers of Waters . And can send devout Men to influence Kingdoms . And should not we rather suffer patiently as the Primitive Christians did , that his Divine Majesty may be by our patience prevail'd upon , to Reform us now , as he did of old our Predecessors from Paganism ; by our own Kings , in a Regular way than upon every notion of Bigot and Factious Ring-leaders overturn all Government , and order , Rent all Unity , and involve our native Countrey in Blood and Confusion . And whilst we are fighting for the Throne of Religion , lose the true efficacy of Piety , and Devotion , for what use can there be of Patience , Humility , Faith , and Hope . If we will presently repair our selves , submit to no Magistracy that differs from us , and believe that Religion cannot subsist except by us . The Fathers also of the Primitive Church have inculcated so much this Doctrine every where , both by their Doctrine and Practice , and both these are so fully known , that I shall remit this point to these Learn'd Men who have fully handled it . Only I must remember that excellent passage of St. Ambrose , who being commanded to deliver up his Church to the Arians , sayes , Volens nunquam deferâm , coactus repugnare non novi ; dolere potero , flere potero , gem●re potero ; adversus arma milites Gothos , Lachrymae me● , mea arma sunt , talia enim sunt munimenta sacerdotis ; aliter nec debeo nec possum resistere . Which Prayers and Tears are likewise call'd the only Arms of the Church by the great Nazianz : in his first Oration against Iulian , and by St. Bernard in his 221. Epistle . But more of this is to be found , Tom. 2. Concil . Galliae pag. 533. Where it is fully prov'd that all Subjects ought humbly and faithfully to obey the Regal Power , as being ordained by none but God , with whom the wise Heathens agree , for Marcellus ( Tacit. lib. 4. hist. ) pray'd for good Princes , but obey'd bad ones ; and Plinij in his Panegirick to Trojan , confesses that the gods had bestow'd on the Emperor the sole disposal of all things leaving nothing to Subjects , save the honour of obedience ▪ But because these of that perswasion will believe better Calvin than the Fathers , I have taken pains to consider in him these few passages , cap. 20. lib 4. Institut . § . 27. Assumptum in Regiam Maj●statem violare nefas est nunquam nobis seditiosae istae cogitationes in mentem veniant tractandum , esse pro meritis Regem , § . 29. Personam sustinent voluntale Domini , cui inviolabile in Majestatem ipso impressit , & insculpsit , § . 31. Privatis hominibus nullum aliud quam parendi , & patiendi datum est mandatum . And all this Chapter doth so learnedly and judicially impugn this Doctrine , that it is a wonder why Calvinists should differ from Calvin . The Examples adduced by our Republicans , of the revolt of Libra , 2 Chron. 1.21 . And from Ieroboam , because he had forsaken the Lord God of his Fathers , and of the Ten Tribes from Rehoboam , because of Rehoboam his oppression , 1 King. 12. prove not all the lawfulness of the Subjects defection from their Kings , because these defections are only narrated , but not allow●d in Scripture , and are recorded rather as instances of Gods vengeance upon the wickedness of these Princes , than as examples justified in these Revolters , and to be follow'd by such as read the Sacred History : In which , when Examples are propos'd by the Spirit of God for our imitation , they are still honour'd with the Divine approbation . And I hope my Readers will still remember , that I design not by this Treatise to encourage Princes to wickedness by Impunity , but only to discourage Subjects from daring to be the punishers . The great esteem which the great Bishop Vsher has justly , even among Republicans , and Phanaticks , for Learning and Devotion , has prevail'd with me , to set down two Objections used by him , with his pious Answers thereto . The first is , Suppose ( say they ) the King , or Civil Magistrate should command us to Worship the Devil , would you wish us here to lay down our Heads upon the Block , and not to repel the violence of such a Miscreant , to the outmost of our power : And if not , what would become of Gods Church , and his Religion . To which the Holy Man Answers , That even when the Worship of the Devil was commanded by the cruel Edicts of persecuting Emperours , the Christians never took up Arms against them , but used fervent Prayers , as their only refuge : And St. Peter animats them to this patient suffering , 1 Pet. 4.12 , 13. Beloved , think it not strange concerning the fiery trial , but rejoice in as much as ye are partakers of Christs sufferings . But let none of you suffer as a murtherer , or a thief , or as an evil-doer , or as a busie body in other mens matters . By which last words , if I durst add to so great an Author as B. Vsher , the Apostle seems expresly to me to have obviated the dreadful Doctrine of rising in Arms upon the pretext of Religion , and the killing such as differ from them ; which if the Christians did allow , they behov'd to pass for Murtherers , and to discharge them to meddle in matters of Government upon this pretext ; because then they behov'd to suffer justly , as busie bodies . And here B. Vsher does most appositly cite St. Augustine , in Psal. 149. The World rag'd , the Lion lifted himself up against the Lamb , but the Lamb was full stronger than the Lion : The Lion was overcome by shewing cruelty , the Lamb did overcome by suffering . And St. Ierome , Epist. 62. By shedding of blood , and by suffering , rather then doing injuries , was the Church of Christ at first founded , it grew by Persecutions , and was crowned by Martyrdoms . The second Objection is , If mens hands be thus ty'd , no mans estate can be secure ; nay , the whole frame of the Common-wealth would be in danger to be subverted , and utterly ruin'd . To which he answers , that the ground of this Objection is exceeding faulty , and inconsistent with the Rules of Humanity , and Divinity ; of Humanity , because this would impower privat persons to Judge , and so should confound all Order , and invite all men to oppose Authority , and make Subjects Accusers , Judges , and Executioners too ; and that in their own Cause , against their own Soveraign , and against Divinity , because it is contrary to the Scriptures , and Fathers , who command Submission , Humility , and Patience . Rex est si nocentem punit , cede justitiae , si innocentem , cede fortunae , Seneca de Iura . lib. 2. cap. 30. If the King punish thee , when thou art guilty , submit to Justice : If when thou art innocent , submit to Fortune . And if a Heathen could be induced by his vertue to submit to blind Fortune , how much more ought a Christian to be prevail'd upon by Devotion to submit to the All-seeing Providence of the most wise God , who maketh all things to work joyntly for good to them that love him . And as St. Augustine piously adviseth , Princes are to be suffered by their People , that in the exercise of their patience , temporal things may be born , and external hop'd for . The instance of King Iames the Third being punished by his Subjects , is so far from being an Argument able to justifie Subjects rising in Arms against their King , that this part of our History should for ever convince all honest men of the dangers that attend Defensive Arms : For this excellent Prince was so far from being one of these Tyrants , against whom Defensive Arms are only confest to be just , that few Princes were more meek and careful of his Subjects . But because he imploy'd such as himself had rais'd , finding that the Nobility had too often been insolent Servants to their Prince , and severe Task-masters to the People ; the Nobility thinking more upon this imaginary neglect , than their own duty , did from Combinations proceed to Arms , and rejecting all conditions of peace , they were at last curs'd with a Victory , in which this Gentle Prince was murthered , whilst he sought to save his Sacred life in a deserted Miln . By which we may see that these Defensive Arms so much hallowed in our late Debates , are but the Militia of Pride , Vanity , and Ambition , and that if they be allow'd , the best of Princes will ever fall by them . And as to the Act 14. Par. 4. Ia. 4. Whereby it is pretended that the opposing , and even the killing K. Ia. the 3. in Battle is justified , and which Act was never repelled . It is answered , First , That this Statute was made by the same Rebels who had opposed their lawful Prince , and so was rather a continuing of their Rebellion , than a justification of it . 2. That abominable Statute proceeds on the Precept of K. Ia. the 3. calling in the English , and designing to enslave the Kingdom to Forraigners , which was not prov'd as it ought to have been , though the pretext had been legal , as it was neither legal nor true in the least circumstance , and the Noblemen and Barons are Condemn'd , without being Cited or heard ; though the Act be not a Statute but a Verdict , so unjust are all Rebels , who are forc'd to maintain one Crime by another . 3. In the new Collection of our Statutes made by K Ken. and Authoriz'd in many subsequent Parliaments . The Dreadful and Treasonable Act is not insert , which was the best way to Rescind it , because it was , though a reproach to the Nation to have any formal Law made to Rescind the Statute , which behov'd to preserve its memory in annulling its Authority . 4. Many Statutes since that time are made , declaring the rising in Arms against the King and his Authority , upon any pretext whatsoever to be Treason ; and expresly Rescinding all Acts and Statutes to the contrary , as Rebellious and Treasonable , and there needed no more Positive Statutes to Rescind that Rebellious and Treasonable Combination rather than Law. As to the 44. Act 6. Par. Ia. 2. From which its urged , that because that Act declares it Treason to Assault Castles , and Places where the Kings Person shall happen to be , without the Consent of the three Estates : And that it is therefore lawful to Assault the same with the Consent of the three Estates , and consequently to rise in Arms with the Consent of the three Estates is no Treason . It is answered , that it being but too ordinary in the Minority of our Kings to have great Factions amongst the Nobility ( which shews also the danger of placeing the Supream Power in the Proceres Regni ) one of the Factions ordinarly either having made the young King Prisoner , or using to Assault the Castle where he was really preserved . It was therefore most wisely declared by this Statute , That to lay hands upon the Kings Person violently , what age the Ring be of , young or auld ▪ or to Assailzy Castles , or Places where the Kings person shall happen to be , without the Consent of the three Estates , shall be punished as Treason . That is to say , that so great respect was to be had to his sacred Person , that no violence was to be offered to the Place where he was , untill the same was allowed by the three Estates . But in all the former Laws , as well as those made in our age , it is still declared Treason to Rebel against the Kings Person , or to refuse to assist him without adding , except the same be done by the three Estates , which shews that there 's nothing design'd in this Act in favours of their Authority ; and that this King was Minor the time of this Act ; and that he had great Troubles in his Youth , is very clear from the short characters given of our Kings , by Skeen , in the end of our Acts of Parliament . It will ( I hope ) easily appear by the ballance of these Arguments , that at least the Municipal Laws of our Nation , which punish defensive Arms as Treason , should be obey'd by our Countrey-men , since , as I have oft inculcated the Laws of any Nation should still be obey'd , except where they are inconsistent with the Word of God , and the most that the most violent Republicans alive can say upon this Subject , is , that the case may be debated by probable Arguments , and that neither of the Positions want their inconveniencies , so that in this , as in all other Debates , the Law of each Nation is the best Judge to decide such Controversies , and therefore such as maintain these Principles , after so many positive and reiterated Laws , are obliged for preserving the Peace of humane Society , and the Order which God has establisht , to remove from places where they cannot obey , for they will alwayes find some place where the Government will please them , and better they be disquieted , than the Government of the whole World should be disturb'd , but if they will stay , and oppose the Government , it must be excus'd , to Execute those who would destroy it . Having thus glanc'd only at Answers to these Objections , because I think the Objections rather shining than strong , I shall sum up this Debate with these Reflections , First , Buchannan , and our Republican Authors , Debate all these Grounds , as if we were yet to Form the Government , under which we were to live , whereas we live under , and are sworn to a Monarchy , fixt by Law and Consent , time out of mind , and the Levellers may as well urge that no Nobleman should be Dignifi'd , nor no Gentleman Enrich'd above , a man of good sense ; and Tennents may argue that it is not reasonable , that they bearing Gods Image as well as the Master , should toile to feed their Lusts ▪ thus Reason may be distorted , and we call that Reason and Providence , which pleases us best . 2. Most of their Citations and Authorities , are the Sentiments of these Greeks , and Romans , who liv'd under Common-wealths , and so magnifi'd their Countrey in opposition to Usurpers , whereas our King is the Father of our Countrey , and whatever they said of their Countrey , we should say of him , and therefore these Citations concerns us no more than the Law of England binds Scotsmen , they praise their own Children and Servants , for their Faithfulness and Obedience to them , and yet they rail at us for being Faithful to our great Master , and chief Parent under God. 3. Most of the Authors cited and admir'd by them , are Heathens , particularly Stoicks , who equal'd themselves not only to Kings , but to their own Gods , and against whose selfishness and pride , all Christians have justly exclaim'd , and so they are not competent Judges , nor sure Guides to Christians , in the exercise of those purely Christian Vertues of Humility , Submission , Self-denyal , Patience , Faith , and Relyance upon God. 4. They ballance not all the Conveniencies and Inconveniencies of either Government , but magnifie the one and conceal the other ; and thus it is true that Kings may be Tyrants , but so may , and usually are the Leaders of the Rabble : Cromwel was such , and Shaftsbury had been such , he was such in his Nature , and had been such in his Government ; and the Distractions of a Civil War , which ordinarly attend Competitions amongst Republicans , Destroy moe than the Lusts of any one Tyrrant can do , which made Lucan conclude , after a sad review of the continued Civil Wars , betwixt Scilla and Marcus , Caesar and Pompeij , without considering what followed under the Trium viri . Faelices Arabes , Medique Eoaque tellus , Qui sub perpetuis tenuerunt Regna Tyrannii . 5. These who debate against Magistracy , gratifie their own Vanity and Insolence ; but such devout men as Ambrose , Augustine , Vsher and others , Debate against the Dictats of Interest , as well as Passion ; which two , nothing save Grace can overcome , and there can be no surer mark of Conviction than to recide against these . Lastly , even Buchannan repented this horrid Doctrine , Cambden , 10. year of Queen Elizabeths Reign , in 1567. But forasmuch as Buchannan being transported with partial affection , and with Murrays bounty , wrot in such sort that his said Books have been condemned of falsehood , by the Estates of the Realm of Scotland , to whose Credite more is to be Atributed , and he himself sighing and sorrowing , sundry times blam'd himself ( as I have heard ) before the King , to whom he was School-master , for that he had employ'd so virulent a Pen against that well deserving Queen , and upon his Death-bed wished that he might live so long , till by recalling the truth , he might even with his Blood , wipe away these Aspertions , which he had by his bad Tongue falsly laid upon her , but that ( as he said ) it would now be in vain ; when he might seem to dote for Age , &c. Idem , Anno 1582. And not content with all this ( speaking of their surprizing the King ) they Compell'd the King against his Will , to approve of this intercepting of him by his Letters to the Queen of England , and to Decree an Assembly of the Estates , Summoned by them to be just , yet could they not enduce Buchannan to approve of this their Fact , either by writting , or perswasion by Message , who now sorrowfully lamented , that he had already undertaken the Cause of Factious people against their Princes , and soon after Died , &c. THAT THE Lawful Successor Cannot be DEBARR'D From Succeeding to the CROWN : Maintain'd against Dolman , Buchannan , and others . BY Sir GEORGE MACKENZIE His Majesties Advocat . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1684. King James In His Advice to Prince Henry . Page 173. IF God give you not Succession , Defraud never the nearest by Right , whatsoever conceit ye have of the Person ; for Kingdoms are ever at Gods Disposition , and in that Case we are but Liferenters , it lying no more in the Kings , than in the Peoples Hands to Dispossess the Righteous Heir . Page 209. Ibid. FOr at the very moment of the Expyring of the King Reigning , the nearest and Lawful Heir entereth in his place ; and so to refuse him , or intrude another , is not to hold out the Successor from coming in , but to expel and put out their Righteous King : and I trust at this time whole France acknowledgeth the Rebellion of the Leaguers , who upon pretence of Heresie by force of Arms , held so long out , to the great Desolation of their whole Countrey , their Native and Righteous King from possessing his own Crown and natural Kingdom . ERRATA . Page 5. delet at his Majority . Page 33. for Richard 3d. Read 2d . The Right of the Succession Defended . THe fourth Conclusion to be cleared was , that neither the People , nor Parliaments of this Kingdom , could seclude the lineall Successor , or could raise to the throne any other of the same Royal line . For clearing whereof , I shall according to my former method , first clear what is our positive Law in this case ; Secondly I shall shew that this our Law is founded upon excellent reason , and lastly , I shall answer the objections . As to the first . It is by the second Act of our last Parliament acknowledged , That the Kings of this realme deriving their Royal power from God Almighty alone , do lineally succeed therto , according to the known degrees of proximitie in blood , which cannot be interrupted , suspended or diverted by any Act or Statut whatsoever , and that none can attempt to alter or divert the said Succession , without involving the subjects of this Kingdom in Perjury and Rebellion , and without exposing them to all the fatal and dreadful consequences of a civil warr , DO THEREFORE from a hearty and sincere sense of their duty Recognize , acknowledge and declare that the right to the Imperial Crown of this realme , is by the inherent right and the nature of Monarchy , as well as by the fundamental and unalterable laws of this realme , transmitted and devolved by a lineal Succession , according to the proximity of blood . And that upon the death of the King or Queen , who actually reignes , the Subjects of this Kingdom are bound by Law , duty and alledgance to obey the nixt immediat and Lawful Heir either male or female , upon whom the right and administration of the Government is immediatly devolved . And that no difference in Religion , nor no Law nor Act of Parliament made , or to be made , can alter or divert the right of Succession and lineal descent of the Crown to the nearest and Lawful Heirs , according to the degrees foresaids : nor can stop or hinder them in the full , free and actuall administration of the Government according to the Laws of the Kingdom . LIKE AS OUR SOVERAIGNE LORD , with advice and consent of the saids Estates of Parliament , Do declare it is high treason in any of the Subjects of this Kingdom , by writing , speaking , or any other manner of way to endeavour the alteration , suspension or diversion of the said right of Succession , or the debarring the next Lawfull Successor from the immediat , actual , full and free administration of the Government , conform to the Laws of the Kingdom . And that all such attempts or designes shall inferre against them the paine of treason . This being not only ane Act of Parliament , declaring all such as shall endeavour to alter the Succession , to be punishable , as Traitors ; but containing in it a Decision of this Point by the Parliament , as the Supream Judges of the nation , and ane acknowledgement by them , as the representatives of the people , and nation . There can be no place for questioning a point , which they have plac'd beyond all contraversie : especially seing it past so unanimously that there was not only no vote given but even no argument propon'd against it . And the only doubt mov'd about it was , whither any Act of Parliament , or acknowledgement , was necessary , in a point which was in it self so uncontraverted . And which all who were not desperat fanaticks , did conclude to be so in this nation , even after they had hear'd all the arguments that were us'd , and the Pamphlets that were written against it , in our neighbour-Kingdom . But because so much noise has been made about this question , and that blind bigotry leads some , and humorous faction drawes others out of the common road . I conceive it will be fit to remember my reader of these following reasons , which will I hope clear that as this is our present positive Law , so it is established upon the fundamental constitution of our Government , upon our old Laws , upon the Laws of God , of Nature , of Nations , and particularly of the Civil Law. As to the fundamental constitution of our Government , I did formerly remark , that our Historians tell us , that the Scots did swear alledgeance to FERGUS , who was the first of our Kings , and to his Heirs . And that they should never obey any other , but his Royal Race . Which Oath does in Law , and reason , bind them to obey the lineal Successor , according to the proximity of Blood. For ane indefinite obligation to obey the blood Royal , must be interpreted according to the proximity in Blood , except the swearers had reserv'd to themselves a power to choose any of the Royal Familie , whom they pleas'd , which is so true , that in Law , ane obligation granted to any man , does in the construction of Law accresce to his Heirs , though they be not exprest . Qui sibi providet , & haeredibus providet . And Boethius tells us that after King FERGUS'S death , the Scots finding their new Kingdom infested with warrs , under the powerful influence of Picts , Romans , and Britans , they refus'd notwithstanding to preferre the next of the Royal Race , who was of perfect age , and a man of great merit , to the Son of King FERGUS , though ane infant ; which certainly in reason they would have done , if they had not been ty'd to the lineal Successor . But lest the Kingdom should be prejudg'd during the minority , they enacted , that for the future , the next of the Blood Royal should alwayes in the minority of our Kings administrat as Kings , till the true Heir were of perfect age . But this does not prove , as Buchannan pretends , that the people had power to advance to the Throne , any of the Royal Race : whom they judg'd most fit , for common sense may tell us , that was not to choose a King , but a Vice-Roy , or a Regent . For , though to give him the more authority , and so to enable him the more to curb factions , and oppose enimies , he was called King , yet he was but Rex fidei Commissarius , being oblidg'd to restore it to the true Heir at his majority : and so Governed only in his Vice , and consequently was only his Vice-roy . But because the Uncles , and next Heirs being once admitted to this fidei Commissarie tittle , were unwilling to restore the Crown to their Nephews , and sometimes murder'd them : and oftetimes rais'd factions against them . Therefore the People abhorring these impieties , and weary of the distractions , and divisions , which they occasion'd , beg'd from King KENNETH the second , that these following Laws might be made . 1. That upon the Kings death the next Heir of whatsoever age should succeed . 2. The Grand-childe either by Son or Daughter should be preferr'd . 3. That till the King arriv'd at 14 years of age , some Wise-man should be choos'd to Govern , after which , the King should enter to the free administration , and according to this constitution , some fit Person has still been choos'd Regent in the Kings minority , without respect to the proximity of Blood , and our Kings have been oftentimes Crown'd in the Cradle . In conformity also to these principles , all the acknowledgements made to our Kings , run still in favours of the King , and his Heirs . As in the first Act Parl. 18. JAMES VI. and the II , III , IV. Acts Parl. 1. CHARLES II. And by our Oath of Alledgeance , we are bound to bear faithful and true alledgeance to his Majesty , his Heirs and Lawful Successors ; which word LAWFUL , is insert , to cutt off the pretexts of such as should not succeed by Law , and the insolent arbitrarieness of such , as being but subjects themselves , think they may choose their King. viz. Act 1. Parl. 21. JAMES 6. That this right of Succession according to the proximity of blood , is founded on the Law of God , is clear by Num. Chap. 27. v. 9. and 10. If a man hath no Son or Daughter , his inheritance shall descend upon his Brother , by Num. 36. Where , God himself decides in favours of the Daughters of Zelophehad , telling us , it was a just thing , they should have the inheritance of their father . And ordaines , that if there were no Daughters , the estate should go to the Brothers . Saint Paul likewayes concluds Rom. 8. If Sons , then Heirs , looking upon that , as a necessary consequence ; which if it do not necessarly hold , or can be any way disappointed , all his divine reasoning in that Chapter falls to nothing . And thus Ahaziah 2 Chron. 22. v. 1. was made King ( though the youngest ) in his Fathers stead ; because sayes the text , , ,the Arabians had slain all the eldest : which clearly shews that by the Law of God , he could not have succeeded , if the eldest had been alive . We hear likewayes in Scripture , , ,God oft telling , By me Kings reigne . And when he gives a Kingdom to any as to Abraham , David , &c. He gives it to them and their posterity . That this right of Succession flowes from the Law of nature , is clear ; because , that is accounted to flow from the Law of nature , which every man finds grafted in his own heart , and which is obey'd without any other Law , and for which men neither seek nor can give another distinct reason ; all which hold in this case : for who doubts when he heares of ane hereditary Monarchy , but that , the next in blood must Succeed ; and for which we need no positive Law , nor does any man enquire for a further reason , being satisfied therein by the principles of his own heart . And from this ground it is , that though a remoter Kinsman did possess as Heir , he could by no length of time prescribe a valide right ; since no man , as Lawyers conclude , can prescribe a right against the Law of nature : and that this principle is founded thereupon is confest l : cùm ratio naturalis ff . de bonis damnat : cùm ratio naturalis , quasi lex quaedam tacita , liberis parentum haereditatem adjecerit , veluti ad debitam successionem eos vocando : propter quod suorum haeredum nomen eis indultum est ; adeo ut ne a parentibus quidem , ab eâ successione amoveri possint . Et § . emancipati Institut : de haered : quae ab intest . Praetor naturalem aequitatem sequutus , iis etiám bonorum possessionem contra 12 tabularum leges , & contra jus civile permittit . Which text shewes likewayes , that this right of nature was stronger than the Laws of the 12 Tables , though these were the most ancient and chief Statutes of Rome . Which principle is very clear likewayes from the Parable , Math. 21. Where the Husband-men who can be presum'd to understand nothing but the Law of nature , are brought in saying , this is the Heir , let us kill him and seaze on his inheritance . Nor does this hold only in the Succession of Children or the direct line , but in the collateral Succession of Brothers and others L. hac parte ff . unde cognati . Hac parte proconsul Naturali aequitate motus , omnibus cognatis permittit bonorum possessionem quos sanguinis ratio Vocat ad haereditatem . Vid. l. 1. ff . de grad . & l. 1. § . hoc autem ff . de bonor . possess . And these who are now Brothers to the present King , have been Sones to the former : and therefore whatever has been said for Sones , is also verified in Brothers . As for instance , though his Royal Highness be only Brother to King CHARLES the II. , yet he is Son to King CHARLES I. and therefore , as Saint Paul sayes , if a Son , then ane Heir , except he be secluded by the existence and Succession of ane elder Brother . That this gradual Succession is founded on the Law of nations , is as clear by the Laws of the 12 Tables , and the Praetorian Law of Rome . And if we consider the Monarchy either old or new , we will find , that wherever the Monarchy was not elective , the degrees of succession were there exactly observed . And Bodinus de Republ. lib. 6 Cap. 5. asserts , that , Ordo non tantum naturae & divinae sed etiam omnium ubique gentium hoc postulat . From all which , Pope Innocent in c. grand . de supplend . neglig . praelati concludes , In regnis haereditariis caveri non potest ne filius aut frater succedat . And since it is expresly determined , that the right of blood can be taken away by no positive Law or Statute L. Iura Sanguinis ff . de Reg. jur . & L. 4. ff . de suis legitim . and that the power of making a Testament , can be taken away by no Law L. ita legatum ff . de conditionibus . I cannot see how the right of Succession can be taken away by a Statute : for that is the same with the right of Blood , and is more strongly founded upon the Law of nature , than the power of making Testaments . Since then this right is founded upon the Law of God , of nature and of nations , it does clearly follow , that no Parliament can alter the same by their municipal Statutes , as our Act of Parliament has justly observed . For clearing whereof , it is fit to consider , that in all powers and jurisdictions which are subordinat to one another , the Inferiour should obey , but not alter the power to which it is subordinat ; and what it does contrary thereto , is null and void . And thus , if the judges of England should publish edicts contrare to Acts of Parliament , or if a Justice of Peace should ranverse a decree of the judges of West-minster , these their endeavours would be void and ineffectual . But so it is , that by the same principle , but in ane infinitly more transcendent way , all Kings and Parliaments are subordinat to the Laws of God , the Laws of Nature , and the Laws of Nations : And therefore no Act of Parliament can be binding , to overturn what these have established . This , as to the Law of God , is clear , not only from the general dictats of Religion , but 28 Hen. 8. cap. 7. the Parliament uses these words , For no man can dispence with Gods Laws ; which we also affirme and think . And as to the Laws of nature , they must be acknowledged to be immutable , from the principles of reason . And the Law it self confesses that naturalia quaedam jura quae apud omnes gentes peraequè observantur , divina quadam providentia constituta semper firma , atque immutabilia permanent § sed naturalia Institut . de Iur. Natural . & § . singulorum de rer . divis : And when the Law declares , that a Supream Prince is free from the obligation of Laws , Solutus legibus , which is the highest power that a Parliament can pretend to , or arrive at ; Yet Lawyers still acknowledge that this does not exeem these Supream powers from being lyable to the Laws of God , nature and nations , Accurs : in l. Princeps ff . de Leg. Clementina pasturalis de rejudicatâ Bart. in l. ut vim de justitiâ & jure Voet. de Statutis Sect. 5. Cap. 1. nor can the Law of nations be overturned by private Statutes , or any Supream power . And thus all Statuts to the prejudice of Ambassadours , who are secured by the Law of nations , are confess'd by all to be null , and the highest power whatsoever cannot take off the necessity of denuncing watr before a warr can be Lawful . And Lawyers observe verie well , that these who would oppose the common dictats of mankind , should be look't upon as enemies to all mankind . My second argument shall be , that the King & Parliament can have no more power in Parliament than any absolute Monarch has in his own Kingdom : for , they are when joyn'd , but in place of the Supream power , sitting in judgement ; and therefore they cannot in Law do what any other Supream and absolute Monarch cannot do . For all the power of Parliaments consists only in their consent , but we must not think , that our Parliaments have ane unlimited power de jure , so , as that they may forfeit or kill without a cause or decerne against the Subjects without citing or hearing them ; or , that they can alienat any part of de Kingdom ; or Subject the wholl Kingdom to France or any other Forraigne Prince : all which deeds would be null in themselves , and would not hinder the partie injur'd from a due redress . For if our Parliaments had such power , we would be the greatest slaves , and live under the most arbitrary Government imaginable . But so it is , that no Monarch whosoever can take from any man what is due to him , by the Law of God , nature , and nations . For being himself inferiour to these he cannot overturne their statuts . Thus a Prince cannot even ex plenitudine potestatis legitimat a Bastard in prejudice of former children though they have only but a hope of Succession l. 4. & sequen de natal . restituend . and for the same reason , it is declared in the same Law , that he cannot restore a free'd man ( restituere libertum natalibus ) in prejudice of his Patron , who was to succeed , though that succession was but by a municipal Law. For clearing which question , It is fit to know that the solid lawyers who treat jus publicum , as ARNISAEUS and others , do distinguish betwixt such Kingdoms , as were at first conferr'd by the People , and wherein the Kings succeed by contract , and in these , the Laws made by King and People can exclude , or bind the Successor . And yet even here , they confess , that this proceeds not , because the Predecessor can bind the Successor , but because the People renew the paction with the succeeding King. But where the Successor is to succeed ex jure regni , in hereditary Monarchies , there they assert positively that the Predecessor cannot prejudge the Successors right of Succession . Which they prove by two arguments . First , that the Predecessor has no more power , nor right , than the Successor : for the same right , that the present King has to the possession , the next in Blood has to the Succession . And all our Laws run in favours of the King , and his Heirs , and no man can tye his equal , or give him the Law , par in parem non habet dominium . The second is , that it were unjust and unequitable that the Predecessor should robbe his Successor nulla ergo ( sayes Arnisaeus Cap. 7. Num. 5. ) clausula Successori jus auferri potest , modò succedat ille ex jure regni . And Hottoman : lib. 2. de Regno Galliae asserts , that in France which is a very absolute Monarchy , Ea quae jure Regio primogenito competunt , ne Testamento quidem patris adimi possunt . And thus when the King of France design'd to break the Salique Law of Succession , as in the Reigne of CHARLES the V. It was found impracticable by the three Estates , and when Pyrrhus was to preferre his youngest Son to the Crown , the Epirots following the Law of Nations , and their own , refus'd him , Paus. lib. 1. In the year 1649. Also Amurat the grand Seignior , having left the Turkish Empire to Han the Tartarian , passing by his Brother Ibrahim , the wholl Officers of that State , did unanimously Cancel that Testament , and restore Ibrahim , the true Heir tho a silly foole . Which shewes the opinion not only of Lawyers but of whole nations and Parliaments ; Tho vander Graaff , an Hollander confesses , that it is not Lawfull to choose any of his Sons to succeed him , in which , the general quiet of the Kingdom is much concerned . And therefore , tho the next Heir were wiser , braver , and more generally beloved ; Yet the more immediat must be received , as choos'd by God , whither good or bad , and as honored with his Character . And if Kings could have inverted their Succession , and choos'd their own Successor Saint Lewis had preferr'd his own third Son to Lewis his eldest , and Alfonsus King of Leon in Spaine , had preferr'd his Daughters to Ferdinand his eldest Son. And Edward the VI. of England had preferr'd , and did actually preferre the Lady Iean Gray to his Sisters Mary , and Elizabeth . And if Successions especially of such great importance , had not been fixed by immutable Laws of God , and nature , the various and unconstant inclinations of the present Governours , especially when shaken by the importunity of Step-mothers and Mothers , or clouded by the jealousie of flatterers , or favourits , had made the Nations whom they Governed , very unhappy : and therefore , God did very justly , and wisely setle this Succession , that both King and People might know , that it is by him that Kings Reigne , and Kingdoms are secur'd in Peace against faction ▪ and it were strange , that this should not hold in Kings , since even amongst subjects the Honour and Nobility that is bestow'd upon a Man and his Heirs , does so necessarly descend upon those Heirs , that the Father , or Predicessor cannot seclude the next Successor , or derogat from his right , either by renuncing , resigning , following base or meane Trades , or any other : For say those Lawyers , since he derives this right from his old Progenitors , and owes it not to his Father , his Fathers deed should not prejudge him therein . Fab. Cod. 9. Tit. 28. Def. 1. Warnee ; Consil. 20. Num. 7. And as yet the Estates of Parliament in both Nations have no legislative power , otherwayes than by assenting to what the King does ; so that if the King cannot himself make a Successor , neither can they by consenting : and all that their consent could imply wold only be that , they and their Successors should not oppose his nomination , because of their consent . But that can never amount to a power of transferring the Monarchy from one branch to another , which would require , that the Transferrers , or bestowers had the Supream power Originally in themselves , nemo enim plus juris in alium transferre potest quàm ipse in se habet . And if the States of Parliament had this power ▪ Originally in themselves to bestow , why might they not reserve it to themselves ? And so perpetuate the Government in their own hands : And this mov'd judge Ienkins in his treatise concerning the liberty and freedom of the subject , pag. 25. To say , that no King can be Named , or in any time made in this Kingdom , by the People . A Parliament never made a King , for there were Kings before there were Parliaments , and Parliaments are summoned by the Kings writtes . Fourthly , A King cannot in Law alienat his Crown , as is undenyable in the opinion of all Lawyers , and if he do , that deed is voyd and null , nor could he in Law consent to an Act of Parliament declaring that he should be the last King. And if such consents and Acts had been sufficient to bind Successors , many silly Kings in several parts of Europe had long since been prevail'd upon , to alter their Monarchy from Haereditarie to Elective ; or to turn it in a Common-wealth ; and therefore by the same reason , they cannot consent to exclude the true Successor : For if they may exclude one they may exclude all . 5. In all Societies and Governments , but especially where there is any association of powers , as in our Parliaments , there are certain fundamentals , which like the Noble parts in the Body are absolutly necessar for its preservation ; for without these , there would be no Ballance , or certainty . And thus with us , if the King and each of the Estates of Parliament had not distinct and known limits ( sett by the gracious concessions of our Monarchs ) each of them would be ready to invade one anothers Priviledges . And thus I conceive that if the Parliament should consent to alienate the half of the Kingdom , or to subject the whole to a Stranger , as in King Iohns case in England , and the Baliols in Scotland , it has been found by the respective Parliaments of both Kingdoms , that , that Statute would not oblidge the Successor . Or if the House of commons in England , or the Burrowes of Scotland should consent to any Act excluding their Estate and respresentatives from the Parliament , doubtlesse that Statute excluding them would not prejudge their Successors ; because that Act was contrare to one of the fundamental Laws of the Nation . And the late Acts of Parliaments excluding Bishops , were reprobated by the ensuing Parliaments , as such ; and therefore by the same rule , any Statute made excluding the legal Successor , would be null and voyd , as contrare to one of the great Fundamental Rights of the Nation . And what can be call'd more a Fundamental Right than the Succession of our Monarchy ? Since our Monarchy in this Isle , has ever been acknowledg'd to be hereditary . And that this acknowledgment is the great Basis whereupon most of all the positions of our Law run , and are established : such as , that the King never dyes , since the very moment in which the last King dyes , the next Successor in Blood is Legally King , and that without any expresse recognizance from the People , and all that oppose him are Rebells , His Commissions are valide , He may call Parliaments , dispose the Lands pertaining to the Crown , all men are lyable to do him homage ; and hold their Rights of him and his Heirs . And generally this principle runs through all the veins of our Law. It is that , which gives life and Authority to our Statutes , but receives none from them ; which are the undenyable marks and Characters of a Fundamental Right in all Nations . But that this right of lineal Succession is one of the Fundamental , and unalterable Laws of the Kingdom of Scotland , is clear , by the Commission granted by the Parliament for the union in Anno 1604. In which these words are , his Majesty vouchsafeing , to assure them of his sincere disposition and clear meaning , no way by the foresaid Union to prejudge or hurt the Fundamental Laws , ancient Priviledges , Offices and Liberties of this Kingdom ; whereby not only the Princely Authority of his most Royal descent hath been these many ages maintain'd , but also his Peoples securities of their Lands and Livings , Rights , Liberties , Offices and dignities preserv'd : Whilks if they should be innovated , such confusion should ensue ; as it could no more be a free Monarchy . 6. There would many great inconveniencies arise , both to King and People , by the Parliaments having this power : For weak Kings might by their own simplicity , and Gentle Kings by the rebellion of their Subjects be induced to consent to such Acts , in which their Subjects would be tempted to cheat in the one case , and rebell in the other . Many Kings likewise might be wrought upon , by the importunity of their Wives , or Concubins , or by the misrepresentations of Favourits , to disinherit the true Successor ; and he likewise to prevent this arbitrarienesse , would be oblidg'd to enter in a faction for his own support , from his very infancy . This would likewise animate all of the Blood Royal , to compete for the Throne , and in order thereto , they would be easily induc'd to make factions in the Parliament , and to hate one another ; whereas the true Successor would be ingadg'd to hate them all , and to endeavour the ruine of such as he thought more popular than himself . Nor would the people be in better case , since they behov'd to expect upon all these accompts , constant civil warres and animosities , and by being unsure whom to follow , might be in great hazard by following him who had no Right . And their rights bearing to hold of the King and his Heirs , it would be dubious to the vassals , who should be their superiour , as well , as who should be their King. It is also in reason to be expected , that Scotland will ever owne the legal descent : and thus we should under different Kings of the same Race , be involv'd in new and constant civil warrs ; France shall have a constant door open'd , by allyances with Scotland , to disquiet the peace of the whole Isle ; and England shab loose all the endeavours it used to unite this Isle within it self . Another great absurdity and inconveniency which would follow upon the exclusion of the lineal Successor would be , that if he had a Son , that Son behoov'd certainly to succeed ; and therefore after the next Lawful Heir were brought from abroad to Reigne , he behov'd to return upon the Birth of this Son ; and if he dyed he would be again call'd home , and would be sent back by the Birth of another Son : which would occasion such affronts , uncertainties , divisions , factions , temptations , that I am sure , no good nor wise man could admit of such a project . I find also , that as the debarring the Righteous Heir , is in reason , the fruitful seed of all civil warr and misery , ( for who can Imagine that the Righteous Heir will depart from his Right , or that wise men will endanger their lives and fortunes in opposition to it ? ) so experience has demonstrated , how dangerous , and bloody this injustice has prov'd . Let us remember amongst many Domestick examples , the miseries that ensu'd upon the exclusion of Mordredus the Son of Lothus ; the destruction of the Picts for having secluded Alpinus the Righteous Heir ; the warrs during the reigne of William the Conquerour ; these betwixt King Stevin and Henry the II , betwixt the Houses of Lancaster and York ; betwixt the Bruce and the Baliol ; the murther of Arthur Duke of Britanny , true Heir of the Crown of England , with many other forreigne Histories , which tell us of the dreadfull michiefs arising from Pelops preferring his youngest Son to the Kingdom of Micene ; from Aedipus commanding that Polinices his youngest Son should reigne alternatly with the eldest ; from Parisatis the Queen of Persia's preferring her youngest Son Cyrus , to her eldest Artaxerxes , from Aristodemus admitting his two Sons Proclus , and Euristhenes to an Equall share in the Lacedemonian Throne . The like observations are to be made in the Succession of Ptolemaeus Lagus and Ptolemaeus Phisco , In the Sons of Severus , in the Succession of Sinesandus who kill'd his Brother Suintilla Righteours Heir of Spaine , And that of Francis and Fortia Duke of Millan with thousands of others : In all which , either the usurpers or the Kingdom that obey'd them , perish'd utterly . To prevent which differences and mischiefs , the Hungarians would not admitte Almus the younger Brother , in exclusion of the elder Colomanus , though a silly deform'd creature , albeit Almus was preferr'd by Ladislaus ( the Kings elder Brother ) to both . Nor would France acquiesce in St. Lewis his preferring CHARLES his 3 Son , to Lewis the eldest . And the English refus'd to obey Lady Iean Gray , in prejudice of Queen Marie , though a Papist and persecuter . Tali & constanti veneratione nos Angli legitimos Reges prosequimur &c. sayes an English Historian . 7. If Parliaments had such powers as this , then our Monarchy would not be hereditary , but elective ; the very essence of ane hereditary Monarchy consisting in the right of Succession , according to the contingency of blood . Whereas if the Parliament can preferre the next , save one , they may preferre the last of all the line : for the next save one , is no more next than the last is next . And the same reason by which they can choose a Successor ( which can only be that they have a power above him ) should likewayes in my opinion justifie their deposing of Kings . And since the Successor has as good Right to succeed , as the present King has to Govern ( for that Right of blood which makes him first , makes the other next , and all these Statuts which acknowledge the present Kings Prerogatives , acknowlege that they belong to him and his Heirs . ) It followes clearly , that if the Parliament can preclude the one , they may exclude the other . And we saw even in the last age , that such reasons as are now urged to incapacitat the children of our last Monarch , from the hope of Succession . viz. Popery , and arbitrary Government , did embolden men to Dethrone , and Murder the Father himself who was actual King. 8. That such Acts of Parliament , altering the Succession are ineffectual , and null , Is clear from this , that though such an Act of Parliament were made , it could not debarre the true Successor : because by the Laws of all Nations , and particularly of these Kingdoms , the Right of Succession purges all defects , and removes all impediments , which can prejudge him who is to Succeed . And as Craig one of our learn'd lawyers has very well express'd it , Tanta est Regii sanguinis praerogativa , & dignitas , ut vitium non admittat , nec se contaminari patiatur . And thus though he who were to succeed , had committed murther , or were declar'd a traitour formerly to the Crown for open Rebellion against the King , and Kingdom ; yet he needed not be restor'd by Act of Parliament upon his comming to the Crown : But his very Right of blood would purge all these imperfections . Of which there are two reasons given by Lawyers , one is , that no man can be a Rebel against himself , nor can the King have a Superior . And consequently , there can be none whom he can offend . And it were absurd that he who can restore all other men , should need to be restored himself . The second reason is , because the punishment of crimes , such as confiscations , &c. Are to be inflicted by the Kings Authority , or to fall to the Kings Thesaury ; and it were most absurd , that a man should exact from himself a punishment . Likeas , upon this account it is , that though in the Canon Law , Bastards cannot be promov'd to sacred orders without dispensation , nor can alibi nati , that is to say , people born out of England be admitted to succeed in England , by express Act of Parliament there ; Yet Agapaetus , Theodorus , Gelasius and many others , have been admitted to be Popes without any formal dispensation , their election clearing that imperfection . And the Statute of alibi nati , has been oft found not to extend to the Royal line . That the Succession to the Crown purges all defects , is clear , by many instances , both at home and abroad . The instances at home are , in England Henry the VI. Being disabled and attainted of high treason by Act of Parliament , it was found by the Judges , notwithstanding that from the moment he assum'd the Crown , he had Right to succeed without being restored . And the like was resolved by the Judges in the case of Henry the VII , As Bacon observes in his History of Henry the VII . fol. 13. And in the case of Queen Elizabeth , who was declar'd Bastard by Act of Parliament , as is clear by Cambden anno 2. Elizabeth . And though in Scotland there be no express instances of this , because though some Rebellious Ring-leaders in Scotland , have often in a privat capacity been very injurious to their King ; Yet their Parliaments have been ever very tender of attainting the blood Royal , or presumptive Heirs . But Alexander Duke of Albanie , and his Succession being declared traitours , by his Brother King Iames the IV. his Son Iohn was notwithstanding called home from France upon his Uncles death , and declar'd Tutor and Governour , without any remission , or being restor'd : that employment being found to be due to him by the right of blood : therefore he had been much more declared the true Successor of the Crown if his Cousin King Iames the V. had died . These being sufficient to establish our design , I shall mention only some forraigne stories . CHARLES the VII . of France who though banish'd by Sentence of the Parliament of Paris , did thereafter succeed to the Crown . And though Lewis the XII . was forfeited for taking up armes against CHARLES the VIII . Yet he succeeded to him without restitution . And Lewis the II. his Son being declared a Rebel , whom his Father desiring to disinherit , and to substitut in his place Charles Duke of Normandie , that Son had succeeded if he had not been hindered by the Nobility , who plainly told him it was impossible to exclude his Sone from the Succession . My next task shall be to satisfy the arguments brought for mantaining this opinion , whereof the first is . That God himself has authorised the inverting the Right of Succession , by the examples of Esau , Salomon , and others . To which I answer , that these instances which are warranted by express commands from God , are no more to be drawn into example , than the robbing of the Aegyptians ear-rings . And it 's needing an express command , and the expressing of that command , does evince , that otherwayes Iacob , nor Salomon could not have succeeded against the priviledge of birth-Right and possession . The next objection , is that it is naturally imply'd in all Monarchies , that the people shall obey whilst the Prince Governs justly , As in the paction betwixt David , and the people 2 Sam. 5. Which is most suitable to the principles of justice , and Government : Since relations cannot stand by one side ; so that when the King leaves off to be King , and becomes a Tyrant , the people may consult their own security in laying him aside , as Tutors may be remov'd when they are suspect . And that this is most just when Kings are Idolaters since God is rather to be obey'd then men . To all which it is answered , that God who loves order , and knows the extravagant levity , and insolence of men , especially when baited by hope of prey , or promotion , did wisely think fit to ordain under the paine of eternal damnation , that all men should be subject to Superiour powers for conscience sake . 1 Pet. 2.13 . and that whoever resists the power , resists God , Rom. 13.2 . reserving the punishment of Kings to himself , as being only their Superiour . And thus David , Asa , and others , committed crimes , but were not depos'd , nor debarr'd by the people . Nor were even the Idolatrous Kings such as Achab , Manasse , &c. judged by their subjects , nor did the Prophets exhort the people to rise against them , though they were opposing Gods express , and immediat will , And overturning the uncontraverted fundamentals of Religion . Nor did the Fathers of the primitive Church , excite the Christians to oppose the Heathen , and Idolatrous Princes , under which they lived : and Paul commands them to pray for these Heathen Emperours . Nor was the Emperour Basilicus depos'd for abrogating the Council of Chalcedon , as is pretended by some Republicans , but was turn'd out by the just Successor Zeno , whom he had formerly dethron'd . Nor were Zeno or Anastasius degraded for their errors in Religion , or their vices by the ancient Christians : but were opprest by private faction . And sure they must think God unable to redress himself , who without warrand , and against his expresse warrand , will usurpe so high a power . And we in this rebellious principle , owne the greatest extravagancy with which We can charge the Pope and Jesuits , and disowne not only our own Confession of faith which Article 1. Chap. 22. acknowledges , that infidelity , or difference in Religion doth not make void the Magistrats just ▪ or legal authority , nor free the People from their due obedience to him , but contradict the best Protestant divines , as Musculus , Melancthon and others vid. libell . de vitand . superstit . Anno 1150. & Consil. Biden . Dec. 1. Consil. 10. & Decad. 10. Consil. 5. nor can the subterfuge us'd by Buchanan , and others satisfie , whereby they contend that the former Texts of Scripture prove only that the Office , but not the Persones of Kings are Sacred : so that Parliaments or People may lay aside the Persons , though not the Office , seing the Sacred Text secures oftner the Person , than the Office as I have formerly more fully prov'de . And if this principle prevail'd as to the differences in the Theory of Religion , it would in the next step be urg'd as to the practice of Religion ; and we would change our Kings , because we thought them not pious , as well as Protestant . And did not our Sectarians refine so far , as to think dominion founded on grace ? and this opinion seems to my self more solide than the other , for certainly an impious Protestant , is a worse Governour , and less Gods Vicegerent , and image , than a devout Papist . And amongst Protestants , every Secte will reject a King , because he is not of their opinion . And thus our Covenanters , by the Act of the West-kirk Anno 1650. declar'd , they would disown our present Monarch , if he did not own the Covenant . And though a King were Protestant , yet still this pretext that he design'd to introduce Popery , would raise his People against him , if differences in Religion could Lawfully Arme subjects against their King , or did empower them to debar his Successor . And when this cheat prevail'd against devout King Charles the I , the Martyr of that Orthodox Faith to which he was said to be enemie , what a madness is it to allow this fatall error , which was able to ruine us in the last age , and went so near to destroy us in this ? This is indeed , to allow that arbitrariness against our Kings , which we would not allow in them to us . The second Objection is , that in England the Parliament has frequently devolv'd the Crown and Government upon such as were not otherwayes to have succeeded , as in the instances of Edward the II. and Richard the III , the first of whom was most unjustly depos'd , for making use of Gavestoun , and the Spencers ; which shewes how extravagant the People ar in their humours , rather than how just their power is : for besides , that we do not read , that these Counsellors were unsufferable , there is no good Christian that can say , that a King can be depos'd for using ill Counsellors . And as to Richard the III. his case is so fully examined , and all the Articles brought both against him , and Edward the II. so fully answered by the learn'd Arnisaeus a Protestant Lawyer , ( and who had no other interest in that debate than a love to Truth and Law ) in that treatise , Quod nullâ ex causâ subditis fas sit contra legitimum principem arma sumere , that we Protestants should be asham'd to bring again to the field such instances , upon which Arnisaeus , in answer to the 14. Article against Richard the II , viz. that he refus'd to allow the Lawes made in Parliament , does very well remark , that this was in effect to consent to their being King , and to transferre upon them the Royal power , and this will be the event of all such undertakings . The instances of Henry the IV. and Henry the VII . , are of no more weight than the other two , since these were likewayes only Kings de facto , till King Henry the VII . by his marriage with the Lady Elizabeth , eldest Daughter to King Edward the IV. , did by her transmit a just title to his Successor : & therefore it was not strange , that either of these should allow the Parliament to interpose , when they behov'd to owe to them the possession of the Throne . But yet Henry the VII . himself ( as the Lord Bacon relates in his Historie ) shunn'd to have the Parliament declare his title to be just , being content with these ambiguous words , viz. that the inheritance of the Crown should rest , remain and abide in the King , &c. And upon this accompt it was , that the same King caus'd make a Law , that such as should serve the King for the time , being in his warrs , could not be attainted or impeach'd in their persons or Estates . As to Henry the VIII . his procuring an Act , whereby the Parliament declares that in case he had no issue by the Lady Iean Seymour , he might dispose of the Crown to whatsoever person he should in his own discretion think fit . It is answered , that by a former Statute in the 25 year of his Reigne , he by Act of Parliament setles the Crown upon the Heirs male of his own body , and for lack of such issue , to Lady Elizabeth , and for lack of such issue also , to the next Heirs of the King , who should for ever succeed according to the right of Succession of the Crown of England ; which shewes that the Succession to the Crown of England is establish't by the Law of Nature , and the Fundamental Laws of England , upon the Heirs of Blood , according to the proximity of degrees ; so that though that King did afterwards prevaile with the Parliament to declare this Elizabeth a Bastard , as he did also his Daughter Mary , by another Act , and resolve to setle the Crown , upon Henry Fitz Roy , Duke of Richmond , yet these Acts teach us how dangerous it is to leave Parliaments to the impression of Kings in the case of naming a Successor , as it is to expose Kings to the arbitrariness of Parliaments . But such care had God of his own Laws , that Mary succeeded notwithstanding She was Papist , and Elizabeth succeeded her , though she was declar'd Bastard ; the Rights of Blood prevailing over the formalities of divorce , and the dispensations of Popes : as the strength of Nature does often prevaile over poisons . And God remov'd the Duke of Richmond by death , to prevent the unjust competition , and so little notice was taken of this ; and the subsequent Act Anno 1535 , that the Heirs of Blood succeeded without repealing of that Act , as ane Act in it self invalide from the beginning : for only such Acts are past by , without being repeal'd . And Blackwood pag. 45. observes very well , that so conscious were the Makers of these Acts , of the illegality thereof , and of their being contrarie to the immutable Laws of God , Nature and Nations , that none durst produce that Kings Testament wherein he did nominat a Successor , conform to the power granted by these Acts , that how soon they were freed by his death from the violent oppressions that had forced them to alter a Successor three several times , and at last to swear implicitly to whomever he should nominat , ( a preparative which this age would not well bear though they cite it ) they proclamed first Queen Mary their Queen though a Papist , and thereafter Queen Elizabeth , whom themselves had formerly declared a Bastard . And as in all these Acts there is nothing declaring the Parliaments to have power to name a Successor , but only giving a power to the King , for preventing mischiefs , that might arise upon the dubiousness of the Succession , to nominat a Successor ; two of the legal Successors having been declar'd Bastards upon some niceties , not of nature , but of the Popes Bulls for divorcing their Mothers : so , this instance can only prove , that the King may nominat a Successor , and that the Parliament may consent , not to quarrell it , ( which is all that they do ) but does not at all prove , that where the Right of Nature is clear , the Parliament may invert the same . And strangers who considered more the dictats of Law than of Passion , did in that age conclude , that no Statute could be valide when made contrare to the fundamental Law of the Kingdom , Arnisaeus Cap. 7. Num. 11. Henricus VIII . Angliae Rex Eduardum filium primò , deinde Mariam , denique Elizabetham suos haeredes fecerat , verùm non aliter ea omnia valent quàm si cum jure Regni conveniant , Vid. Curt. Tract . Feud . Par. 4. Num. 129. There seems greater difficulty to arise from the 13 Elizabeth c. 2. by which it is enacted , that if any persone shall affirme , that the Parliament of England has not full power to bind and Governe the Crown in point of Succession and descent , that such a persone , during the Queens life , shall be guilty of high treason . But to this Act it is answered , that this Act does not debarre the next legal and natural Successor . And these words , That the Parliament has power to bind and Govern the Succession , must be , as all other general expressions in Statutes , interpreted and restricted by other uncontraverted Laws ; and so the sense must be , that the Parliament are Judge where there are differences betwixt Competitors in nice and contravertable points which cannot be otherwise decided : and both this and the former Acts made in Henry the VI. time , are not general Laws but temporarie Acts and personal Priviledges ; and so cannot overturn the known current of Law. Quod verò contrà rationem juris receptum est , non est producendum ad consequentias . And in all these instances it is remarkable , that the restriction was made upon the desire of the Soveraigne , and not of the Subject . And if we look upon this Act as made to secure against Mary Queen of Scotland , and to let her know , that it was to no purpose for her to designe any thing against the Right , or Person of Queen Elizabeth , as being declar'd a Bastard , by Act of Parliament in England ; since her other right as next undoubted Heir by Blood to the Crown , might be altered , or Govern'd : we must acknowledge it to be only one of these Statutes , which the Law sayes , are made ad terrorem & ex terrore only . Nor was there ever use made of it by Queen Elizabeth , nor her Parliaments ; so fully were they convinc'd , that this pretended power was so unjust , as that it could not be justified by an Act of Parliament , being contrair to the Laws of God , of Nature , of Nations , and of the Fundamental Laws of both Kingdoms . But this Law being made to exclude Queen Mary , and the Scotish line , as is clear by that clause , wherein it is declared that every Person or Persones of what degree or Nation soever they be , shall during the Queens life declare or publish , that they have Right to the Crown of England during the Queens life , shall be disinabled to enjoy the Crown in Succession , inheritance , or otherwayes , after the Queens death ; It therefore followes , that it was never valide : For if it had , King Iames might have thereby been excluded by that person who should have succeded next to the Scotish race . For it 's undeniable , that Queen Marie did , during Queen Elizabeths life , pretend ▪ Right to the Crown , upon the account that Queen Elizabeth was declared Bastard . And therefore the calling in of King Iames after this Act , and the acknowledging his title , does clearly evince , that the Parliament of England knew , that they had no power to make any such Act. The words of which acknowledgement of King Iames's Right , I have thought fit to set down , as it is in the statute it self , 1. Ia. Cap. 1. That the Crown of England did descend upon King Iames by inherent Birthright , as being lineally , justly , and Lawfully next , and sole Heir of the Blood Royal. And to this recognition they do submit themselves , and posterities for ever , untill the last drop of their Blood be spilt . And further doth beseech his Majesty to accept of the same recognition , as the first Fruits of their Loyalty , and Faith to his Majesty , and to his Royal progeny , and posterity for ever . It may be also objected , that by the 8 , Act. Parl. 1. Ia. 6. It is provided in Scotland , that all Kings and Princes that shall happen to reigne and bear Rule over that Kingdom , shall at the time of their Coronation , make their faithfull promise by Oath in presence of eternal God , that they shall mantaine the true Religion of Iesus Christ , the preaching of the Holy Word , and due and Right Administration of the Sacraments now received and preach'd within this Kingdom ; from which two conclusions may be inferr'd , 1. That by that Act the Successor to the Crown may be restricted . 2. That the Successor to the Crown must be a Protestant , that being the Religion which was Professed and established the time of this Act. To which it is answered , that this Act relates only to the Crowning of the King , and not to the Succession . Nor is a coronation absolutly necessar , Coronatio enim magis est ad ostentationem , quàm ad necessitatem . Nec ideo Rex est quia coronatur , sed coronatur quia Rex est . Oldard : consil . 90. num . 7. Balbus lib. de coronat . pag 40. Nor do we read that any Kings were Crown'd in Scripture except Ioas. And Clovis King of France was the first , who was Crown'd in Europe . Nor are any Kings of Spaine Crown'd till this day . Neither is ane Coronation Oath requisit ; Sisenandus being the first who in the 4. Tolletan Councel gave such an Oath amongst the Christians , as Trajan was the first amongst the heathen Emperours . And we having had no Coronation Oath till the Reigne of King Gregorie , which was in Anno 879 , he having found the Kingdom free from all Restrictions , could not have limited his Successor , or at least could not have debarr'd him by an Oath . Nullam enim poterat legem dictare posteris , cum par in parem non habeat imperium , as our Blackwood observes . pag. 13. ( 2. ) There is no clause irritant in this Act debarring the Successor , or declaring the Succession null in case his Successor gave not this Oath . 3. The Lawfull Successor though he were of a different Religion from his People ( as God forbid he should be ) may easily swear , that he shall mantaine the Laws presently standing . And any Parliament may legally secure the Successor from overturning their Religion or Laws , though they cannot debarre him . And though the Successor did not swear to mantaine the Laws , Yet are they in litle danger by his Succession ; since all Acts of Parliament stand in force , till they be repeal'd by subsequent Parliaments ▪ And the King cannot repeale an Act without the consent of Parliament . But to put this beyond all debate , the 2. Act of this current Parliament is opponed , whereby it is declared , that the Right and administration of the Government is immediatly devolv'd upon the nixt Lawfull Heir after the death of the King or Queen , and that no difference in Religion , nor no Law nor Act of Parliament can stop or hinder them in the free and actual administration ; which is an abrogation of the foresaid Act concerning the Coronation as to this point ▪ for how can the administration be devolv'd immediatly upon the Successor , if he cannot administrat till he be Crown'd , and have sworn this Oath . The next objection is , that since the King and Parl. may by Act of Parl. alter the Successions of privat families though transmitted by the Right of blood , why may they not alter the Succession in the Royal family ? To which it is answered , that the reason of the difference lyes in this , that the Heirs of the Crown owe not their Succession to Parliaments : for they succeed by the Laws of God , nature , and the Fundamental Laws of the nation ; whereas privat Families are Subject to Parliaments , and inferiour to them , and owe their privat Rights to a municipal Law , and so may and ought in point of Right to be regulated by them . And yet I am very clear , that a Parliament cannot arbitrarly debarr the eldest Son of a privat Family , and devolve the Succession upon the younger : and if they did so , their Acts would be null . But if this argument were good , we might as well conclude by it , that no persone born out of England , or attainted of treason could succeed to the Crown ; Because he could not succeed to a privat Estate . All which and many moe instances do clearly demonstrat that the Successor to the Crown cannot be debarr'd , not the Succession to the Crown diverted by Act of Parliament . The last objection is , that Robert the III. King of Scotland , was by ane Act of Parliament preferr'd to David and Walter , who were ( as he pretends ) were truly the eldest lawful Sons of Robert the 2 d. because Euphan Daughter to the Earl of Ross was first lawful Wife to King Robert the 2 d , and she bore him David Earl of Strathern , and Walter Earl of Athol , Alexander Earl of Buchan , and Euphan who was married to James Earl of Dowglass , after whose deceass he married Elizabeth Muir , Daughter to Sir Adam Muir ; not so much ( as Buchanan observes ) from any design to marry a second Wife , as from the great love he carried to Elizabeth Muir , whom because of her extraordinary Beauty he had lov'd very passionatly in his youth , and before he married the Earl of Rosses Daughter , and from the love which he bore to the Sons whom Elizabeth had born before that first Marriage , who were John Earl of Carrick ( who thereafter succeeded to the Crown by the Title of Robert the 3 d , ) and Robert Earl of Fife and Monteith , he prevail'd with the Parliament to prefer John eldest Son by Elizabeth Muir , to the two Sons which he had by the Earl of Rosses Daughter , who was ( as they pretend ) his first lawful Wife . In which though I might debate many nice points of Law relating to this Subject , yet I choose only to insist on these few convincing Answers . 1. That in a Case of so great moment Historians should be little credited , except they could have produc'd very infallible Documents ; and as in general one Historian may make all who succeed him err , so in this Case Boetius ( who was the first ) liv'd and wrot 200 years after the Marriage of King Robert the 2 d , and wrot his History at Aberdeen , very remote from the Registers and Records by which he should have instructed himself ; nor did he know the importance of this point , having touch'd it only transiently , though it has been design'dly press'd by Buchanan , to evince that the Parliaments of Scotland might prefer any of the Royal Line they pleas'd ; and it is indeed probable that King Robert the 2 d. did for some time make no great noise of his first Marriage with Elizabeth Muir , least the meaness of the Match should have weaken'd his Interest upon his first coming to the Crown , he being himself the first of the Race of the Stewarts , and having so strong Competitors as the Earl of Dowglass , who claim'd Right to the Crown in the Right of the Baliol and the Cummings , as Boetius himself observes . 2. King Robert the 3 d. having succeeded as the eldest lawful Son , and having been receiv'd as such by that Parliament , and his Posterity by all succeeding Parliaments , the Possession of the King and the Acquiescence of the People is the most infallible proof that can be adduc'd for proving that Robert was the eldest lawful Son , nor have most Kings in Europe , or the Heads of most private Families any other proof of their being the eldest and lawful Sons , save that they succeeded and were acknowledg'd as such . 3. To ballance the authority of these Historians , I shall produce the Testimonie of the Learned Sir Lewis Stewart , one of the most famous Lawyers we ever had , and who ought much more to be believ'd than Buchanan , not only because he was more disinterested , but because he founds upon Acts of Parliament and old Charters which he himself had seen in the Registers , in which Elizabeth Muir is acknowledg'd to have been the first Wife . Buchananus lib. 9. in vitam Roberti 2. affirmat Euphaniam Comitis Rossenssis filiam primam Regis Roberti 2. uxorem fuisse & eâ mortuâ , Regem superinduxisse Elizabetham Moram ex qua prius Liberos ternos mares suscepisset , & eam uxorem duxisse , ejusque liberos regno destinasse , ut postea eorum natu maximus suc●essit quod quam falsum sit , apparet ex archivis in carcere Edinburgensi reconditis , ubi exstant separata acta duorum Parliamentorum , subscripta manibus Ecclesiasticorum praesulum , nobilium , baronum , & aliorum statuum Parliamenti , & eorum sigillis roborata , quibus Elizabetha Mora agnoscitur prima uxor , & Euphania Rosse secunda , & liberis ex Elizabetha Mora tanquam justis haeredibus Regni , successive regnum d●cernitur , & post eos liberis Euphaniae Rosse nec non ibidem cartae extant plurimae , factae per Davidem secundum , eorum patruum magnum ex diversis terris , Ioanni filio primogenito , nepotis ejus Roberti , dum Euphania Rosse viverit nec non Davidi filio natu maximo Euphaniae Rosse quem solum filium indigitat Roberti nepotis , quod non fecisset si Elizabetha Mora non prius fuisset nupta Roberto ejus nepoti , nam primogenitus nunquam attribuitur notho imo ego plures quam viginti cartas in archivis inveni , ubi etiam eas reliqui , ex quibus sole clarius elucessit , Elizabetham Moram primam fuisse uxorem , & Euphaniam Rosse secundam , nam extra contraversiam , liberi Elizabethae Morae etate grandiores erant liberis Euphaniae Rosse : which Paper I did get from the Lord Pitmeden , who has himself written some learn'd Observations upon this point . 4. I have my self seen an Act of Parliament ( found out by the industry of Sir George Mackenzie of Tarbet , now Lord Register ) having the intire Seals of the Members of Parliament appended thereto , by which the Parliament do swear Allegiance to Robert the 2 d. the first King of the Race of the Stewarts ; and after him Roberto Comiti de Carrict , filio suo natu maximo ( his eldest Son ) in Anno 1371 , which was the first year of his Reign ; and if the pretended defect be true , it was a very palpable , and a very undenyable one , and could not but have been unanswerably known to the whole Nation . And how can we imagine , that the whole Parliament would have unanimously drawn upon themselves so dreadful a Perjury , by excluding the lawful Heir , against their National Oath in the Reign of K ▪ Kenneth the 3 d , whereby they swore to own always the immediate Heir , or that they would have entail'd upon themselves a Civil War , by preferring even a questionable Heir , after the Miseries which they had lately then felt , in the competition betwixt the Bruce and the Baliol. Amongst which Seals , the Seal of Iames Earl of Dowglass is one , and how ridiculous is it to think , that he would sit and declare a Bastard preferable to the Brother of his own Lady , and to his own Lady who would have succeeded if her Brothers had died without Succession : Which Act of Parliament does also clearly prove , that Buchanan did not at all understand matters of Fact in this part of the History , for he asserts , that after the death of Euphan Ross , the King married Elizabeth Muir , and did by Act of Parliament obtain the Crown to be settled upon Robert the 3 d , Son to the said Elizabeth Muir , upon whom he also bestow'd the Title of Carrick ; all which is most false , for this Act of Parliament is dated in Anno 1371 , and King Robert the 2 d. succeeded to the Crown that year , nor did Euphan Ross die till the 3 d. year after he succeeded to the Crown , and so not till the Year 1374 , and yet in Anno 1371 this Act is past , designing him Heir to the Crown , and Earl of Carrick , and consequently he was so design'd before the death of Euphan Ross. 5. I have seen a Charter granted by King Robert the 2 d , when he was only Steward of Scotland , granted in anno 1165 , and so long before he was King. In which Charter likewise , Iohn , thereafter King , by the name of Robert the 3 d , is a conjunct Disponer with him , under the express designation of the eldest Son and Heir . Robertus Senescallus Scotiae , Comes de Strathern , & Ioannes Senescallus primogenitus & haeres ipsius Dominus Baroniae de Kyle , &c. which Charter confirms to the Abbacy of Pasley several Lands disponed to them , by Reginaldus More , Father to Sir William More of Abercorn . And I find that David Duke of Rothsay , was always in the Charters granted by his Father King Robert the first , called Primogenitus , and he was no Bastard , nor can this designation be given to a Bastard , as is clear by Covaruvias de Matrim . part . 2. cap. 8. § . 2. num 4. But how can it be imagined that the Monks of Pasley would have taken a Right from a person as Heir to the Crown , who was not : for this would have infer'd Treason against them , beside the annulling their Right , or who could understand better the lawfulness of a Marriage , than a body of Church-men , living in the time , and very near to the Residence of the married Persons , and in whose Conventual-Church the said King Robert and Elizabeth Muir ly buried together . Item , I have seen in the Registers another Charter granted by King Robert the 2. in the first year of his Reign , with the consent of Iohn Earl of Carrick , primogenitus & haeres , Allano de Lavidia terrarum de Whitslet ; And an other granted by the said King , 1. Iune , anno primo regni , confirming to Paulo Mctire a Charter granted by the Earl of Ross , Father to Euphan , wherein the said Iohn primogenitus & haeres , is a Witness : And to shew that the said Euphan Ross was then living when he was so design'd Heir , there is a Charter to her by the King upon the very same day of the Lands of Lochleaven . As also , there is a Charter granted by King Robert the 2 d , the first year of his Reign , to Alexander his Son , and another to Iohn Kennedy of the Barrony of Dalrymple , in both which the said Iohn Earl of Carrick is call'd primogenitus , and is Witness with the Earl of Dowglass ; so that he has been design'd eldest Son and Heir , openly , uncontravertedly , and in all Papers , and with the consent of the second Wife and her Relations . 6. In the Parliament 1372 , the said Iohn Earl of Carrick is design'd to be Lieutenant of the Kingdom , and all the Estates of Parliament swear to own him in his Government , and which Statute is printed amongst the Satutes of King Robert the 2 d , Father to the said Iohn , and which must be during the Marriage with Euphan Ross , for she liv'd three years after her Husband was King , and he succeeded to the Crown anno 1371 : And this also confutes Buchanan , who asserts , that he was created Earl of Carrick after the death of Euphan Ross , and it is against all sense and reason to think that he could have been acknowledg'd during her life , if he had not been the true Apparent Heir of the Crown and a lawful Son. 7. Walter ( who they pretend should have succeeded to the Crown , ) having kill'd his Nephew King Iames the first , Son to King Robert the 3 d ; He was not only not own'd after the death of the said King Iames , as certainly he had been if his Title had been good , and his Right so recent and demonstrable , having so many great and powerful Relations , that his Father was induc'd upon their account to marry his Mother ; but yet the said Walter was by all the Parliament unanimously condemn'd as a Traitor , for having conspir'd the death of his lawful Prince . Nor does Boetius justifie Walter 's Title in the least , but on the contrary , magnifies the Parliament for their just Sentence . As did likewise Aeneas Silvius the Popes learned Legat , who exhorted the Parliament to condemn him . 8. How is it imaginable , that King Robert who had so lately , and after a strong competition come to the Crown , would have adventur'd to make his Title yet more disputable , by preferring a Bastard to the true Heir , who had so many Friends by his Mother , and who being an Infant had never disoblig'd him . 9. If we will consider the opinion of the Civilians , whom we and almost all Nations follow in the Cases of Succession , we will find , that the said King Robert the 3 d was the eldest and lawful Son of King Robert the 2 d. filius legitimus , & non legitimatus . For , 1. They conclude , that a Son is prov'd to be a lawful Son by the Assertion of the Father , Alciat tract praesumpt . Reg. 2 ▪ praesumpt . 2. num . 6. and certainly the Father is the best Judge in such Cases ; but so it is we have the Father owning the said Robert the 3 d. to be his eldest Son and Heir , both in Charters and Acts of Parliamnets , which are the most solemn of all Deeds . 2. Quando pater instituit aliquem tanquam filium suum , which holds in this Case , where the Father institutes and leaves him Heir , and the Parliament swears Allegiance to him as the Heir , Mascard . de prob . vol , 2. conclus . 799. And in dubious Cases , the Father's naming such a man as a Son , presumes him to be a lawful Son , nominatio parentis inducit filiationem in dubio , l. ex facto § . si quis Rogatus ff . ad trebell . 3. Even Fame , and the common opinion of the People , do in favours of these that are in Possession , and in ancient Cases , prove & filiationem , & legitimationem , Mascard . conclus . 792. but much more , where the Fame and common Opinion is adminiculated by other Arguments , fulgos consil . 128. Panorm . in cap. transmiss . qui filii sunt ligittimi . 4. When Writs are produc'd , calling a man a Son , the Law concludes him to be a lawful Son. Mascard . vol. 2. conclus . 800. num 15. all which can be easily subsum'd in our Case . In which Robert the 3 d. is nam'd not only Son , but Heir , and Allegiance sworn to him , even in the lifetime of the second Wife and her Relations sitting in Parliament , and all this acquiesc'd in for many hundreds of years , and the Competitors punish'd as Traitors by the unanimous consent of all the Parliament . I know that Buchanan does most bitterly inveigh against those Laws made by King Kenneth the 3 d , as Laws whereby the ancient Right of Succession was innovated , and whereby the Government was settled upon Children who were neither able to consult with the People , nor to defend them , and whereby those had the Government of the Nation conferr'd upon them who were not capable to govern themselves . To which my answer is , That in this Buchanan's Malice contradicts his History , for his own History tells us , that the Scots swore Allegiance to Fergus and his Posterity ; and consequently Fergus's Son ought by Law to have succeeded , and not his Brother , for his Brother was none of his Posterity , and therefore those Laws made by K. Kenneth did but renew the old Law , and the innovation introduc'd in favours of the Uncles , was a subversion of the fundamental Law to which they had sworn . 2. That the old Law was not abrogated , but was in Being by vertue of the first Oath , appears very clear by Buchanan himself , who confesses , that upon the death of Durstus , a wicked Prince , it was debated whether his Son should not succeed juxta sacramentum Fergusio prestitum veteremque esse morem servandum , which acknowledgeth that the Succession was even in these days established by Law , by Oath , and by Custom ; and after the death of Fergus the 2 d , his Son Eugenius ( though a Minor ) was crown'd , and his Uncle Graemus allow'd to be his Tutor . And Buchanan also brings in Bishop Kennedy , lib. 12. praising this Law as made by Kenneth , a most wise and glorious Prince , with advice of all his Estates of Parliament ; and which rather confirms ( as he says ) the old Law than introduces a new one , so far did Buchanan's rage against Queen Mary prevail with him , to praise and rail at the same individual Law ; and it is observable , that it is very dangerous to recede once from fundamental Laws , for Buchanan makes not only the Succession Elective , but he makes no difference betwixt lawful Children and Bastards , and excludes not only Minors during the Uncles life , but Women for ever . 3. In all Nations where the Monarchy is Hereditary , Minors succeed , and so this innovation of causing the next Male succeed for all his Life , was contrary to the nature of the Monarchy and to the Customs of all Nations , and God in Scripture gives us many instances of it : Ioas succeeded when he was seven years of Age , Iosiah when he was eight , Manasseh in twelve , and Azariah in sixteen ; and yet in those days , God is said to have chosen the King , for it is said in Deut. Thou shalt set over thee , the King whom I have chosen , and consequently the choice of Minors cannot be ill , since God Almighty us'd to make such a choice . I know that Eccles. 10.16 . says , Woe unto the land when thy King is a child , but the Criticks interpret this of a King that is childish , puer intellectu & moribus , or because Factions arise by the opposition to his Regents , and this inconveniency did more necessarily attend the allowing a Regent King during Life , for both the Subjects and the true Heir rais'd Factions in that Case , whereas the Subjects only are factious in the other , and yet even they are no more factious for that short time , than they are always in Common-wealths . 4. The reason why the Minor King was to have one to supply his Nonage ceasing with his Majority , it was unreasonable that the Remedy should have lasted beyond the Disease , and the worst effect that could have been occasion'd by the Infant King's Minority was , that the Kingdom should have been during that time govern'd by joynt advice of Parliament , Councils , and Officers of State , which in Buchanan's opinion in other places of his History and Book De Jure Regni , is so excellent a Model , that he decrys Monarchy as much inferior to it . 5. It was most inconvenient to accustom any private Family to live in the quality of a King. 6. It could not but occasion many Murders , and much Faction , for the true Heir could not live peaceably under this Eclipse and Exclusion , nor could the Uncle live without making a Party to secure his pleasant Usurpation . 7. As these Divisions and Factions were the natural and necessary Effects that were to be expected from this irregular Succession , so it is very observable , that from King Fergus to King Kenneth the 3 d , we had 79. Kings , amongst whom , almost the half were the most impious , tyranical , or lazie Kings that ever we had , according to Buchanan's character of them ; so happy and wise a thing is this ( so much magnified ) Election of a Successor by the People and their Representatives , to supply the defects of the lawful Heir , whereas from King Kenneth the 3 d , to King CHARLES the 2 d. inclusivè , we have had 31. Kings , 26. of whom have succeeded by a due lineal Right , and have prov'd vertuous Princes , greater by their Merit than their Birth , as if God had design'd to let us see , that though most of them succeeded whilst they were very young , yet that he can choose a fitter Successor than Parliaments can do ; whereas the other 5. Kings who came to the Crown against that Law of Kenneth the 3 d ▪ viz. Constantine the bald , Grimus , Mackbeath , Donal Bain , and Duncan the 2 d , were all persons who deserved very ill to be preferred to the true Heir , and who , as they came to the Crown against Law , so govern'd without it : And it is very strange , that the Fanaticks , who think that every throw of the Dice is influenc'd by a special Providence , will not allow , that God does by a special Providence take care who shall be his Representative , who shall be the Pastor of his Flock , and nursing Father of his Church ; let us therefore trust his Care more than our own , and hope to obtain more from him by Christian Submission , Humility and Obedience than we can by Caballing , Rebelling , and Sacrilegious-Murdering , or Excluding the true Successor . FINIS . What follows is immediatly to be subjony'd to the Testimony of Calvin , Page 90. I Know that to this it may be answered , That the same Calvin does qualifie his own words , which I have cited with this following Caution . Si qui sunt ( saith he ) populares Magistratus , ad moderandam Regum libidinem constituti ( quales olim erant qui Lacedemoniis regibus oppositi erant ephori ; & quâ etiam fortè potestate ( ut nunc res habent ) fuguntur in singulis regnis , tres ordines ; quum primarios conventus peragunt ) adeo illos ferocienti Regum licentiae , pro officio intercedere non veto ; ut si Regibus impotenter grassantibus , & humili plebeculae insultantibus conniveant , eorum dissimulationem nefariâ perfidiâ non carere affirmam ; quia populi libertatem , cujus se tutores Dei ordinatione positos nôrunt , fraudulenter produnt . To which my reply is , That these words must be so constructed , as that they may not be incosistent with his former clear and Orthodox Doctrine , of not resisting Supream Powers , the former being his positive Doctrine , and this but a supervenient Caution , and they do very well consist ; for though Calvin be very clear , that Kings cannot be resisted , yet he thinks that this is only to be mean'd of those Kings who have no Superiors to check them by Law , as the Kings of the Lacedemonians had , who by the fundamental Constitution of their Monarchy , might have been call'd to an accompt by the Ephori , and so in effect were only Titular Kings : Or of such Monarchs as had only a co-ordinate Power with the States of their own Kingdom ; and even in these Cases , he does not positively assert , that these Monarchs may be resisted , but does only doubt whether if there be any such Superior or co-ordinate Magistrate representing the People , they may not restrain the Rage and Licentiousness of their Kings : But that Caution does not at all concern the Ius Regni apud Scotos , because this cannot be said of the Kings of Great Britain , since the States of Parliament are only call'd by the King , and derive their Authority from him , and the Legislative Power is solely in the King , the States of Parliament being only Consenters , he and not they can only make Peace and War , and grant Remissions , and against him and not them Treason only is committed , and the Law Books of both Nations do affirm , that the King is Supream , and consequently even according to Calvin's Doctrine , neither his People , nor any of their Representatives , can justly oppose , and much less punish him . I know that Grotius is by the Republicans , and the Fanaticks , oft-times cited to defend this their Doctrine , of opposing Princes ; but though his Testimony might be justly rejected , as being himself born under a Commonwealth , yet he is most impudently cited , for he lib. 1. cap. 4. does positively lay down as a general and undoubted Rule , that Summum imperium tenentibus , resisti non potest , Those who have the Supream Power cannot lawfully be resisted ; whilch Rule he founds upon the Principles of Reason , the Authority of Scripture , and the Practice of the Primitive Church ; and though he limits the same thereafter by some exceptions , yet it will easily appear , that these exceptions extend not at all to our Case . For the first relates only to such Kings , as have receiv'd their Power with express condition , that they may be try'd by other Magistrats . The second to such as have voluntarily resign'd their Empire , as Charles the 5 th . did ; and so the one may be oppos'd , because they were only Titular Kings : and the other , because they left off to be Kings , and consequently we are concerned in neither of these Cases . The third limitation is only in the Case where he who was truly a King , has alienated his Kingdom to Strangers ; In which Case , Grotius does contend , that Subjects may refuse to obey , because he ceaseth to be their King. But as this is not our Case , so even in that Case Grotius is very clear , that if this alienation be made by an Hereditary Monarch , the alienation is null , as being done in prejudice of the lawful Successor , but he does not at all assert that the Monarch may be thereupon depos'd by his People . The fourth relates only to such Kings , as from a hatred to their Countrey , design its Destruction and utter Ruine ; but as he confesseth himself , Id vix accidere potest in Rege mentis compote ; and consequently can take only place in a mad Man , in which Case all Laws allow the Kingdom to be rul'd by Governours , and Administrators in the King's Name , if the Madness be Natural , and a total depravation of Sense . But if by Madness be mean'd a moral Madness , and design to ruine the Kingdom and the Subjects , as was , and is most impiously pretended against King CHARLES the first , and King CHARLES the 2 d , the best and most reasonable of Kings ; then Opposition in such Cases is not at all warranted by Grotius , who speaks only of a Physical and Natural Madness ; for else , every thing that displeaseth the People should be call'd Madness ; and so the exception should not limit but overturn the general rule , and should arm all Subjects to rebel against their Princes , and make them the Soveraign Judges in all Cases . Which is inconsistent with Grotius's own Doctrine , and is excellently refuted by his own Reasons . The fifth relates only to Kings , who by the fundamental Laws of the Kingdom are ty'd to such and such Conditions , so as that if they fall in them , they may be oppos'd . The sixth relates only to Kingdoms where the Power is equally devided betwixt the King and the Senate . The seventh is incase the King was at first invested by the People , with express reservation to them to resist in such and such Cases , and so is almost the same with the fifth , and all these three differ little from the first . And with Grotius good leave , they err also in this , that they are not properly exceptions from his own rule , for the rule being only , that Supream Powers cannot be resisted , these Powers are not Supream , and they needed not be caution'd by an exception , since they did not fall under the rule . But neither of these Cases extend to us , since our King is by the Acts of Parliament fomerly cited , declared to be Supream over all Persons and in all Causes , nor made our Predecessors any such express reservations at the first erection of the Monarchy , and consequently by Grotius own positive Doctrine cannot be resisted . And so far is Grotius an enemy to such Fanatical Resistance , upon the pretence of Liberty and Religion , that num . 6. he calls the Authors of these Opinions , Time Servers only . And Gronovius a violent Republican and Fanatick , taxes him extreamly for it , in his Observations upon that fourth Chapter , whose Arguments adduc'd against Grotius I shall answer amongst the other Objections . Gronovius's first Argument why it should be lawful to resist the Supream Magistrate in defence of Religion , is , because if it be not lawful for Subjects to Arm themselves for Religion against their Prince , it should not be lawful for their Prince by the same rule to defend himself against Turks and Infidels , who would endeavour to force him to comply with their Impieties . But to this it is answered , That Resistance to Superiors is expressly discharg'd by the Laws of God and Nature , as said is , but this cannot be extended to Cases where there is no Subjection nor Allegiance ; and it may be as well argu'd , that because one private man may beat another who offers to strike him , that therefore a Child may beat his Parent , or a Servant his Master , or that because I may violently resist a private man who offers to take away my Goods unjustly , that therefore I may oppose the Sentence of the Magistrat , because I forsooth do not think the same just . His second shift is , That our Saviour commanded only absolute submission without resistance in the Infancy of the Church when he himself was miraculosly to assist his own Servants , but this Submission was to end with the Miracles , to which it related . As to which , my answer is , 1. That all the Commands in Scripture may be so eluded , nor is there any Duty more frequently and fully inculcated than this is , and that too in the same Chapters amongst other Duties , which are to last for ever , such as submission to Parents , and Masters , and this is founded upon plain reason and conveniency , and not upon Miracles . 2. This was receiv'd and acknowledg'd by the Pagans , as has been fully prov'd , though it cannot be pretended that they rely'd upon any such miraculous assistance . 3. It cannot be deny'd but the Fathers of the Primitive Church did recommend and justifie themselves in their Apologies to the Heathen Emperors for bearing patiently , when they were able not only to have resisted , but to have overthrown their Persecuters , as is clear by the Citations out of Tertullian , Cyprian , Lactantius , Augustine , and others , to be seen in Grotius , De Iure Belli , lib. 1. cap. 4. num . 7. And it had been great impudence as well as sin in them , to have boasted of a recent matter of Fact , which was not true ; nor could there be a greater injury done to the Primitive Christians , as Grotius observes , than to ascribe that to their Weakness , which they consider'd as an effect of Duty ; and why should the Heathen Emperors have suffered those to multiply , who obey'd only because Disobedience was not safe , for they might have certainly concluded , that by the same Principle that they obeyed only because they were weak , they would disobey how soon they were able . 4. If the first Christians in general had obeyed only because they were not able to resist , then any private Christian had resisted when he was able , or would have fled or conceal'd himself , whereas it it acknowledg'd in the other Answer press'd by Gronovius himself , that they sought for Martyrdom , and so these two Answers are inconsistent ; and the Thebean Lègion , and others , did submit themselves voluntarly to Martyrdom with their Arms in their hands , and when they were able to have overthrown the Emperor . And lastly , If this Doctrine were allow'd , no Society could subsist , for when Dissenters grew strong , the lawful Magistrat behov'd to perish ; whereas Jesus Christ did contrive the Christian Religion ; so as that all Governours should reasonably wish their Subjects to be Christians ; and so as no Christian should attempt to overthrow the order and establishment of Civil Government , and that they should not be drawn away from the practice of Christian Devotion by the carnal desires of being great and strong in the World , nor have any hopes in the Arm of Flesh to the lessening of their immediate dependence upon him . His third shift is , That his Doctrine of Submission and of dying for the Christian Religion without making Resistance , was only the Practice , but not the Command of the Primitive Church , and proceeded from their immoderat affectation of the Crown of Martyrdom , as Milntoun also pretends . But since the express Command of Scripture is founded upon such clear Reason , and since ( as Grotius well observes ) the Practice of the Primitive Christians , who liv'd so near the Age wherein these Scriptures were pen'd , is the best Interpreter of the Scripture , it is horrid Impiety to make those blessed Martyrs pass for vain Hypocrites , and distracted Self-murderers ; and it becomes us with holy reverence to imitate those whom the Christian Church has ever admir'd . The fourth shift is , That the Protestant Churches have been reform'd by such Insurrections as these , contrary to the Royal Authority . But this is fully answered by the learned Henry More in his Divine Dialogues , and by Du Moulin in his Philanax Anglicus ; where likewise are to be found the many Testimonies of Protestant Churches , and Protestant Divines , condemning positively the taking up of Arms against the Soveraign Power , even for the defence of Religion ; and the very Presbyterian Confession of Faith at Westminster , is so positive as to this point , that the Presbyterians themselves can never answer it . The sum of which answer is , That the King of Spain coming by Marriage in place of the Duke of Burgundy , the said King of Spain could pretend to no more power than they had , nor could the House of Burgundy pretend to any more power by marrying the Heirs of the Counts of the several Provinces , than these Counts had over their Provinces ; and therefore since none of these were Soveraigns over their Provinces , the Provinces might have resisted the King of Spain when he oppress'd them ; and consequently that Resistance cannot defend such as resist Supream Powers upon pretence of Religion , Grotius de Antiq. Reipub. Ba●av . cap. 7. The opposition made by the Protestants in France , was not occasion'd by Religion , but upon a Quarrel betwixt the Princes of the Blood and the House of Guise in the Minority of Francis the 2 d , and is defended most excellently by King Iames himself , not to have been Rebellion , in his Defence of the Right of Kings , pag. 14. The Opposition made by the Princes of Germany to the Emperor , was founded upon the inherent Right in the Princes , by the golden Charter of the Empire . And Luther himself declar'd , that Magistratui non erat resistendum , and has written a Book to that purpose ; nor would he engage in the Confederacy for Defensive Arms at Smalcald , until the Lawyers declared that that Resistance was lawful by the Laws of the Empire , Vide Slydan Hist. lib. 8. anno 1531. The War that arose in Switzerland , was not occasion'd by Religion ; for the Reformation was once establish'd with the con-consent of the Magistrat . And the Eruption that was made by other Cantons upon the Reform'd Cantons eleven years after that Establishment , Vide Slydan , anno 1522. Nor was it Calvin who banish'd the Prince and Bishop of Geneva , for he fled eight Months before upon the detecting of a Conspiracy , by which that Bishop was to deliver over the Liberties of that City to the Duke of Savoy , and for which his Secretary was hang'd , Vide Turretin ▪ Annal. Reformationis , anno 1529. And albeit those who Reform'd in Scotland , in the Reign of Queen Mary , pretended Authority from the King , yet they were certainly Rebels , and are condem'd by Rivet , a famous Protestant Divine , who also inveighs bitterly against this Principle , Castiga Not. in Epist. ad Balsac . cap. 13. num . 14. sub finem . From all which , I observe , First , That all the Protestant Divines by making Apollogies for such of their Profession as have risen in Arms against Supream Powers , must be thereby concluded to be asham'd of the Principle . 2. Immediatly upon the quieting those Rebellions , all the Protetestant Churches have in their Confessions of Faith , declared their abhorrence of that Principle ; which being the product of Conviction and Experience , joyn'd with Duty , must be the most judicious and sincere Testimony of all others . 3. All these Rebellions have been occasion'd by a mistake in point of Law , and not in point of Religion ; for the Divines , as I have related , have been abused by the Lawyers : And therefore , since in the Isle of Britain , the Laws of both Kingdoms have declared the Rising in Arms against the King , to be Treason , albeit for the defence of Religion ; it necessarily follows , that this must be unlawful in point of Conscience in this Kingdom . 4. Though good things may be occasion'd by a Rebellion , yet that does not justifie a Rebellion ; for though Ieroboam was allow'd by God to rise against Rehoboam , yet God Almighty himself calls his revolt Rebellion , 1 Kings 12.19 . and 2 Chron. 10.19 . and it is observable , that after this Revolt , there was but one good King amongst all the rebellious Kings of Israel ; whereas amongst the Kings of Iudah , who were lawful Kings , there was but one or two who were any ways impious ; so far does God bless a lawful Succession . Some also use as a shift against this Orthodox Doctrine , that the reason why the Primitive Christians did not oppose their Emperors in the defence of the Christian Religion , was , because they had not been secured at that time in the Exercise of their Religion by the Laws of the Empire ; and therefore the practice of those Christians can be no Argument why we may not now rise to defend the Orthodox Religion ▪ since it is now established by Law. But this Objection is fully answered by that great great Antiquary Samuel Petit. Diatriba de Iur. Principum edictis Ecclesiae quaesito , where he clearly proves , that they were actually secured by the Edicts of the Emperors in the days of the Emperor Tiberius , and downward , and yet they would not rise in Arms though they were persecuted under these same Emperors , because the Word of God and the Christian Religion did command Obedience under Persecution , and discharged Resistance and taking up of Arms. Add to Page 73. I have also seen in Fordon's History , lib. 14. pag. 73. a Charter granted by King David to the Bishops , with the consent of Robert his Nephew , and his Sons giving power to the Bishops to dispone in Testament upon their own Moveables , which before that time did by a corrupt custom fall to the King , in which Charter , the Witnesses are , Robertus Senescallus Comes de Strathern , Nepos noster Ioannes Senescallus Comes de Carrict , filius suus primogenitus & haeres , Thomas Comes de Mar , Georgius de Dunbar , Comes de March , & Gulielmus Comes de Dowglass ; so that here is not only the attestation of the Father before he was King , naming Iohn Earl of Carrick , thereafter King Robert the 2 d. his eldest Son and Heir , but the attestation of the Grand-Uncle King David , who could be no ways byassed in the Affair ; and here he is ranked before the three eldest Earls in the Nation , who were then the three first Subjects therein ; and it is against all Sense , to think that the whole Bishops would have sought the consent of the said Iohn as Apparent Heir of the Crown , if he had not been Apparent Heir . I find also , that Fordon calls him when he is crown'd King , Primogenitus Roberti secundi ; nor was there the least opposition made to his Coronation , nor to the Coronation of Annabella Drummond his Queen ( a Daughter of the House of Stob hall , now Pearth , ) though both the Sons of the second Marriage were then alive . I find also , that Boetius himself acknowledges , that the Earl of Marches Son George , being pursu'd for having married clandestinly one of the Daughters of Elizabeth Muir , his defence was , that he married her when she was the Daughter of a private Subject , and before King Robert was King , whereas if she had been only a Bastard-Daughter , it could have been no Crime to have married her . 
A51353	----	An Account of the present persecution of the Church in Scotland in several letters. 1690 Approx. 184 KB of XML-encoded text transcribed from 39 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A51353 Wing M2722 ESTC R6062 12986866 ocm 12986866 96227 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A51353) Transcribed from: (Early English Books Online ; image set 96227) Images scanned from microfilm: (Early English books, 1641-1700 ; 393:2) An Account of the present persecution of the Church in Scotland in several letters. Morer, Thomas, 1651-1715. Sage, John, 1652-1711. Monro, Alexander, d. 1715? [5], 68 p. Printed for S. Cook, London : 1690. Consists of four letters, the first by Thomas Morer, the second and third by John Sage, and the fourth by Alexander Monro. Cf. Halkett & Laing (2nd ed.). Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Episcopal Church in Scotland. Scotland -- Church history -- 17th century. Scotland -- Church history -- Sources. 2002-12 TCP Assigned for keying and markup 2003-01 SPi Global Keyed and coded from ProQuest page images 2003-02 Judith Siefring Sampled and proofread 2003-02 Judith Siefring Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion AN ACCOUNT Of the Present PERSECUTION OF THE CHURCH IN SCOTLAND , IN SEVERAL LETTERS . LONDON : Printed for S. Cook. 1690. Good Christian Reader , BY the help of a very little Natural Logick , thou mayst easily observe how far some Mens specious Pretences are out-done by their Actions ; their Principles ( to which they ought to stand in the Opinion of their great Master Hobbs ) exceeded and bafled by their Practice , since those very Persons who lately Addressed for Liberty of Conscience , in words full of flattery , do now Usurp , Tyrannize over others , and deprive them not only of their freedom in Religious concernments , but of their Possessions ; and ( that no Barbarity may be omitted , ) even of their precious Lives , only for adhering to that Holy Doctrine which was once delivered to the Saints , and often established by sundry Laws in that Kingdom . And it will be no hard matter , after the perusal of the following Sheets , to perceive the vast difference between an English and a Scotch Persecution , ( as some call it ) how gently and orderly the Church of England proceeded against the Dissenters , in comparison of the Kirk ; who by their Clubs and Batoons ; have come near to , if not outdone the merciless fury of French Dragooning . And here it may be worthy remark , how dangerous it is for the best Constituted Established Government to connive at , not to say encourage , the profane Vulgar in their Riots . A number of wild Beasts , let loose , have as much Conduct , less Malice , and cannot do half the Mischief : The noise of the Waves , the raging of the Sea , may as soon be stilled , as the madness of the People ; it is a Work only for a power Almighty : that many headed Beast ought to be carefully looked after , and watched . But further , methinks , it is also very clear by the subsequent Tract , that in some parts of the World there are a company of Resolute Christians , that dare lay down their Lives for the Truth of those Doctrines which they have formerly Taught ; and that in those places there may be a large History written , not only of the Doctrine , but real Practice of Passive Obedience , in the Sufferings of those Men , who contrary to the new Maxims of Government , pay Obedience where they can have no Protection . And now Christian good Reader , if thou shalt be convinced of the verity of these foregoing deductions , by the subsequent undenyable Truths ; I have but one thing to request from thee , and that is no more than what thy Profession will oblige and command thee : I mean to put on Bowels of Mercy and Compassion to the Poor , Afflicted , Distressed , to help them as much as thou art able with thy Substance , and to extend that Charity which is already gone over the Alps , and hath assisted the Protestants in France , Hungary , and Piedmont , to thy Neighbouring Brethren , and of thy Communion in Scotland : and if thy Circumstances are too mean to assist them with thy Purse , be sure to let them have thy Charity for their Sufferings , in thy hearty Prayers for a happy and sudden Deliverance from those , who so Cruelly , and Despightfully use them . Farewel . The First LETTER . My Lord , Some instance of my duty to your Lordship may be justly expected , though at this distance , and none I think more seasonable and proper from this place , than the present condition of the Church of Scotland ; which though your Lordship may more fully understand from some other better able to give it , yet that consideration is no apology for my silence , in so Important an Affair ; and this use at least will be made of my attempt , to testifie to your Lordship , how ready I shall be to give an account of other Transactions not so well known at London . THE Church of Scotland is at this time under the Claw of an inraged Lion ; Episcopacy abolished , and its Revenues alienated , the Clergy routed , some by a form of Sentence , and others by violence and popular fury ; their Persons and Families abused , their Houses ransack'd , their Gowns torn to pieces , with many other injuries and indignities done them , which I forbear naming , that I may not Martyr your Lordships patience by the bare recital of them . My Post in the Army as it has carried me unto many places of this Kingdom , so it has given me as many opportunities to see and lament their condition . The occasion of all these disasters , is the prevailing strength of the Cameronian Party , a Faction here taking its name from one Cameron formerly their Leader , and who was slain in his Rebellion : They are a sort of rigid Presbyterians , or rather Fifth Monarchy-men ; valuing neither K. William nor K. Iames , any further , than as these Princes happen to please them ; some designing Heads in the Council and Parliament , have made use of those Mens hands to bring their ends about , whose weakness otherways was too discernable . From these disorders they represent abroad the inclination of the People to the Presbyterian Government , and alledge the Popular Zeal ; when it is highly suspected they are only tumults of their own making , otherways upon the Complaints and Petitions of injur'd Persons , redress might be obtained , which however they are so far from , that after such remonstrances they fare the worse , and have this aggravation to their miseries ; that they are unpitied by those who ought to protect them : Nay now at last the Government it self is become a Party against them ; and where before good Neighbourhood and well affected Persons , screned their Ministers from the Dissenters Barbarity ; now they suffer by a form of Law , Acts of Council , and are themselves reputed Malignants , and suffer as a discontented Factious People . And yet the Church Party , both for number and quality was predominant in this Nation : The Nobles and Gentry are generally Episcopal , and so the People especially Northward , where to my own knowledge they are so well affected , that it would be no hard task to bring them , Cultui & Ritibus cum Anglis Communibus subscribere , as Buchanan saith the Ancient Scots did when they stood in fear of the French , and desired England's assistance against them ; my frequent reading of our Service , and Preaching in their Churches to the Auditories satisfaction , the Caresses of the Gentry , and respect of the ordinary People , whenever I met them , infers so much , and plainly discovers that they neither abhorred me nor my way of Religion . At Perth I was readily admitted into the Church and Pulpit , though the Magistrates refused the same favor to the Lord Cardross a Privy Counsellor , and the Lord Argyle in behalf of two Cameronian Preachers ; and though the former of these , forced his way thither upon one Sunday , yet the Lord Provost was better provided against another , and took the same method , I mean the strength of the City to oppose and baffle the Latter ; and when it was urg'd by both these Lords , that that liberty they desired , was granted to me some Sundays before , The Magistrates excus'd themselves with an order to that purpose from Sir Iohn Lanier . Even at Edinburgh it self , the Faction was so weak , that they were forced to send privately to the West for assistance , before they durst attempt any violence against the regular Clergy : But the College of Justice being informed of their coming , Armed themselves and their Friends , and so were secured both they and their Ministers , until an order was obtained for laying down their Arms again ; Indeed at Glasgow the Faction is stronger , and this Town may be said to be the warmest nest of the Cameronians , and yet to my knowledge , the most considerable , and Persons of the best quality are very well affected , and would prevail , were it not for the assistance of the Mountainers which the Malignants , have sometimes brought privately into the Town to assault and overawe the others . But then it is a wonder the adversary succeeded so well , and that they have got to such an ascendancy as to ruin the Church ; if it be supposed that the Church was so strong to have acted in her own safety , yet it is not to be much admir'd at , if this be considered : That in the beginning of this revolution ; the Episcopal Party in Scotland , not knowing at that time how far things would go , judg'd it safest for them to keep at a distance , and having a deep impression of their Allegiance to King Iames , they appeared a little too tender and unconcerned in the Election of Members for the Convention . By which means the discontented and Presbyterian Party , as they are in themselves always very active , so upon this occasion they became more numerous , and carryed it against those few Gentlemen , that shewed themselves for the Church and old Constitution . The first instance and discovery of their new strength , was their carrying the Vote for the Committee about controverted Elections ; a point not obtained with difficulty , as the Convention was then composed , and the consequence was , that no Episcopal Gentlemen should be admitted in case of a competition , let the number of Electors in Shire or Borough be never so unequal : Nay many were allowed to be Members of that Convention , who were uncapable to sit by the most Ancient Laws of the Kingdom , either in Convention or Parliament ; and especially such as were not infeoft in their Estates , of which instances might be given . The Episcopal Party finding this , most of the Nobility withdrew themselves both from Convention and Parliament , and if my Lord Dundee had lived ( who was a great Patron of this Clergy ) none doubts but that he had changed the whole State of Affairs in this Nation : And having mentioned that Gentlemans name , I insert one word concerning the troubles of which he seemed to be the whole occasion in this Country , but did no more I think than what a great many others would have done , on the same reason of self Preservation . It appears then , that in the beginning he sat in the Convention , and intended so to do , till he heard of a design on Foot , to Assassinate his Person , he complained of this to the Convention , and desired their Protection : But no notice was taken of it , he repeated his complaints , and offered to prove the attempt ; and declared , that without the assistance of their Authority , he held it not safe to attend any longer . But all this to no purpose ; the only answer he had , was , that his non-attendance would be no great loss to them ; hereupon he withdrew himself to the Mountains , and being a Person of great Spirit and good Conduct , he was resolved not only to defend himself , but call them also to an account , whom he found so much incensed and set against him , and it is generally believed here , he would have gone no further . — But enough of this . The only means , My Lord , to remedy all this is the dissolution of this Parliament , and then it is not to be doubted , but the Episcopal Party will shew their own strength , and concern themselves more in a new Election , then they did in that before ; for their eyes are now sufficiently opened , and they see , though somewhat late , their former omission and mistake ; but withal see no possibility to retrieve themselves , if this Parliament continue . Indeed they wonder , that His Majesty can be very fond of keeping it a foot , since they have taken away so eminent a Branch of his Prerogative , as to deny him a Sovereign Interest here , in what is debatable in Parliament , they wonder that His Majesty is not sensible , how little they value the promoting of his Service , that notwithstanding the great necessity of his Affairs , they have not thought fit to give him a penny : They wonder how the Presbytery of the Church can sute Monarchy in the State , and that one Ruler should give incouragement to the setting up of many ; they wonder how it comes to pass , that the Clergy of Scotland should be by a form of Law turn'd out of their Benefices , for not praying for King William and Queen Mary in terminis , when the Intruders themselves , as I have observed , refuse to do it in their Usurped Pulpits , and it is equally strange , that even these Gentlemen that have complyed in that particular , and in reading the Proclamation , are notwithstanding dismist their charges by some other Libel , or in case any be wanting to set the Rabble to work to out them . So that seeing no Obedience can secure them , but that they are destin'd for sacrifices to those wild People ; this is the reason , why as yet they have made no address to the King , nor think themselves encouraged to do it , since their inveterate and implacable Enemies have His Majesties ears so much , as to make such an attempt of no effect to them : And , My Lord , they also wonder , that the Church of England endeavours not to interpose , and ●●ve the King to pity them in their present calamity ; since the violent Party in Scotland will certainly inflame the discontented in England , for they are sworn by their Covenant , to reform England upon their model ; and to purge the Neighbour-land from Popery and Superstition . My Lord , I have had the honour and happiness to converse with the Clergy here of the first form , and I find them very reverend , and as far as I can judge very learned and judicious Gentlemen , they are exceedingly wronged by the Faction , when they are called ignorant and scandalous ; it 's an unjust calumny to say they would have betrayed the Laws , which were made for the defence and security of the Protestant Religion ; when all the Bishops of Scotland , two excepted , were unanimous against the repeal of the Penal Laws against the Papists in My Lord Murray's Parliament 1685. And as great is the popular mistake concerning the Bishops Revenues , which they will have to be one Arbitrary Stipend from the Crown , which makes them precarious and subservient to the Princes Will ; whereas their Incomes are as independent in that respect , as the Bishopricks of England , and have their several Localities , as they are here called , or Tythes and Mannors to support them : These and the like objections against them and the regular Clergy , are only inventions to countenance some Mens resolutions right or wrong to ruin them ; and indeed that they are so resolved not only against the Bishops , but all the Episcopal Clergy , is evident from hence , that notwithstanding they have those qualifications , which are even now requisite for the exercise of their Ministry , as praying for the King , &c. — Yet some other objection is rais'd against them , and this now is a very influencing one , that if all the rest of the Parish be Church People , and well disposed to their Minister , and but one single Dissenter among them , it is a sufficient reason to eject and deprive him , how industrious soever the others are to continue him with them ; as in the instances of the Ministers of Mousegard , Collingtoune , Kirkneutoun , and Kirklistoune , not to mention several hundreds , that have been routed by the Rabble , and yet are never restor'd to the purpose , nor have opportunity to shew whether they will comply or no. My Lord , if the perfect knowledge of these things has made some impression on me , it 's no wonder upon the account of common Christianity . I am sorry for the distress of this Church , and in compassion to it , I wish I were able to contribute any ways to the relief and recovery of it . This is all I can do in order to that , to give your Lordship the best account I can of her present circumstances ; and what hopes she has in prospect upon the Dissolution of this Parliament . What Interest your Lordship has with Their Majesties , is a thing well understood ; here I humbly recommend the Matter to your Lordship ; I beg pardon for this interruption given your Lordship , by one who desires at all times to shew himself , though he may fail in the manner of it . My Lord , Your Lordships Most Obedient . Curate and Servant Glasgow Octob. 12. — 89. POST-SCRIPT . We are hastening to the Sea-side , to be transported into Ireland , an expedition no way suited to a Man of my constitution , but I submit to my Lot and humbly intreat your Lordship to consider me . The Second LETTER . SIR , I Received yours of the date , &c. Wherein as you express a mighty concern for the distress'd Episcopal Clergy within this Kingdom ; so you prescribe me a task , which will not be so easily perform'd as ye imagine : You tell me , strange Representations are made of them by their Enemies , and disseminated through the whole Kingdom of England ; you therefore require me to give you a just and true account of their Present State and Persecutions ; assuring me , it is not so much to satisfie your curiosity , as to enable you for their vindication . This I say is a very hard task ; for to digest an account of that Nature to purpose ( in my opinion ) would require the diligence of a great head , the expense of much time , and a considerable Volume ; for 't is hardly possible to set their circumstances in their due light , without deducing their Affairs from the very Reformation , and dipping in matters of State all alongst , as well as of Ecclesiastical Concern ; so closely have the two interests bee ▪ still linked together in this Kingdom : Without that , Strangers will never understand sufficiently , either our Constitution , or the Grounds on which the Clergy have been obliged to go in many transactions : Neither will they be able to perceive how unjust and calumnious the Representations be , which are made by their Adversaries ; nor how partial they are in their accounts , nor how carefully they take all things by the wrong handle ; industriously presenting the dark side of things to the World , where there is any intricacy ; and many times blackening even that which is truly fair and beautiful , when it makes for their purpose . Such a work as that , I am hopeful , ye may see ere long ; for I have good reason to believe , some abler Pen than mine will be imployed that way by and by : And therefore , I was once inclined to have referred you intirely to it : But calling to mind again , what earnestness ye express , to have if it were but some overly notice of our Case ; and withal considering , that herein you may be gratified without prejudice to that more full and large account : And likewise , that perhaps a present account ( though never so short and rude ) may have its proper usefulness ; I have prevailed with my self , to cast together what follows . I will use as few words as I can , and perhaps I shall not be careful to observe exact Order and Method ; but I hope your goodness will pardon that , upon my promising to tell you nothing , but what can be made appear to be true , beyond all contradiction . I take my Rise from the Death of that Great Prince King Charles II. He left this Church of Scotland in more peaceful condition , then it had been of a long time before ; it was united to a very desirable degree : Generally all Scotchmen were of one Communion ; for those of the Popish perswasion were scarcely one to 500. The Quakers were not one to 1000. The Presbyterians a good time before , were divided into two Sects , one ( but by far the smaller ) was against all Indulgences given by the King ; the other had taken the liberty , which he had several times granted , but was then retracted . This Party had for the most part returned to the Churches Unity ; their Preachers were generally become our Hearers , attended duely our Publick Assemblies , and many participated of the same Sacraments with us . There were no separate Meetings kept ( at least publickly , ) but very rarely , and only by that other Party , now commonly known by the name of Cameronians , from one Mr. Richard Cameron , who ( being sometimes School-master at Falkland , and turn'd out of that imployment for insufficiency ) betook himself to the trade of Field Preaching , became wonderfully admired of the giddy Multitude , was killed at last in open Rebellion , at Airds-moss , and so commenced Martyr Anno 1680. This is that Party with whom these sharp Methods were taken , which are complain'd of in the P. of O. his Declaration for the Kingdom of Scotland , and hugely aggravated by the Paper called the Scotch Inquisition . But had his Highness known their practices ; ( how they ( by their Manifesto's ) rejected K. C. as their Sovereign , made many Declarations of War against him , Excommunicated him , and ( when they had opportunity ) Murthered those , who ( in their Stations according to their duty , ) any ways supported his Government , especially Bishops , Ministers , and Soldiers ; pretending it was done in a just War , and they had Commission from King Iesus for it , &c. ) I doubt he would never have made the treatment they met with a grievance : And if the World knew it ( as perhaps it may , sooner or later ) certainly it would have but a very mean opinion of the Author of that most scurrilous Pamphlet : I only said their Practices , for all Presbyterians ( at lest in Scotland , as will appear in the Sequele ) have really the same Principles : The only substantial difference is , the Cameronians are the more ingenuous Party ; the rest the more subtle . These own their Principles when they think it seasonable ; those , ( like the honester Men ) upon all occasions ; By these Cameronians ( I say ) Conventicles were only then kept ; and they were condemned for it by the rest of the Presbyterians , who at that time ( in pretence at least ) had fallen in love with Moderation . When King Iames came to the Throne , Monmouth in England , and Argyle in Scotland ( you know ) raised a formidable Rebellion . Argyle gave out his Manifesto's , and made many specious pretences , &c. it appeared he was earnest to have had the Presbyterians joyn with him ; but his Conditions did not please the Cameronians ; and the rest continued still as formerly in the Kings and Churches Peace . This made us all hopeful , they had once resolved seriously never to divide any more , and weaken the Protestant Interest , by rending the Church in pieces : But it seems they went then on other Principles . They found Argyle's attempt desperate , and their Party weak , and they had smarted lately for Enterprises of that nature ; therefore they found it convenient to wait a sitter opportunity . When that Rebellion was quasht , King Iames , being a Roman Catholick , turn'd serious to have some ease granted to those of his own perswasion ; so the business of the Penal Statutes came to be manag'd : For this end , it was resolved the Parliament should meet , and before it sate , several Persons of Greatest Note within the Kingdom were called up to London ; the Duke of Hamilton , Sir George Lockart ( the Greatest Lawyer in the Kingdom ) then President of the Session , &c. Their errand was to concert Matters , and make way for the King's inclinations in that particular : Amongst the rest , the Arch-bishop of St. Andrews , and the then Bishop of Edinburgh , now Archbishop of Glasgow : They made a condescension too , which afterwards was very much talked of ; but I can assure you Sir , it was nothing so odious in it self , as it was represented to be : I have seen it and considered it , it did not go the length ( by far ) of Pensionary Fagels Letter ; and to tell the truth freely , so far as I can comprehend things , they had great reason to go so far as they went ; and I doubt not it shall be sometimes published to the World , and fully vindicated . But I go on . The Parliament met ; all the Members were qualified according to Law , they took the Test , &c. But the Court-designs prevailed not ; the Penal Statutes were still kept on foot by that Episcopal Parliament ( pardon the Phrase , 't is ordinary in this Kingdom ) and some of the Bishops too were active in the matter . This , to let you see whether the Episcopal Party in this Kingdom can be said to be inclin'd for Popery . This disappointment irritated his Majesty ; wherefore , the next great step was , the suspending , stopping , and disabling all the Laws against Dissenters , and granting a Toleration to Christians of all Perswasions . This was done by publick Proclamation ; the first Edition was dated Feb. 12. 1686 / 7. The Presbyterians , as much as any Men , stood amaz'd at the Dispensing Power at first , and seem'd to see clearly the ill consequences of a breach in that juncture . This themselves frankly confess'd at the beginning ; and I know it was therefore once very near to a general resolution amongst them , never to take the benefit of it : This all know , that for some Months after the publication of it , no considerable breach was made ; they still continued in the same Communion with us . Ye will easily believe ( I think ) this grated the Popish Party ; for they saw evidently , if the Unity of our Church was not broken , their Interests would advance but very slowly ; so pains were taken with the Presbyterians to make them separate . And because perhaps they might scruple at the Oath contained in the first Edition of the Toleration , a second Edition , without that Oath , was obtained and published . Whether the Arguments which were made use of to engage them , prevailed with them ; or by that time , the second Edition came out , ( which was Iune 28. 1687. ) they had considered the strength of their Party , and found they would be able to make a Figure ; or , they had then got secret instructions from Holland , to comply with the Dispensing Power , in Subserviency to the ensuing Revolution ( for which I know there be very strong presumptions ) I shall not readily determine . This is certain , they closed presently with the second Edition . 'T is true , they pretended the terms in the first were too grievous ; and that considerable Mitigations were made in the second ; so they could not any longer be disobedient to the Divine Providence , ( you cannot quarrel the expression , when ye know that according to their Divinity , Providential Occurrences make a considerable part of the Rule of Faith and Manners ) nor neglect so blest an opportunity : Although 't is evident to any who compares the two Proclamations , that there are no material alterations . 'T is certain the second was design'd to carry on the same Interest with the first ; and it had altogether as much of the Dispensing Power in it : Both alike required , that whoever would have the benefit of the Toleration , should own the King 's absolute Dispensing Power , by which it was granted ; only the Oath contained in the first , was left out in the second : But even in the first it was not absolutely required ; for the Proclamation says no more , but that , instead of all former Oaths required by Law , That only should be taken and sworn , by all His Majesties Subjects , or such of them , as he or his Privy Council should require so to do : And moreover it was intirely dispensed with by the King's Letter to his Council , dated March 31. Anno 1687. so that it can never be pretended as a reason , why they did not separate for three Months hereafter . Thus the great Schism began amongst us ; the Toleration was it's Parent , and that was the Child of the Dispensing Power . But before I proceed to shew how it was carried on , let me remark one thing : It is , whatever now they may pretend , it was no ways any Principle of Conscience , which made them separate from us , on that occasion . My Reasons are these ; They had lived in Communion with us , for some years before the first Edition of the Toleration : They continued so , even for some Months after that Edition , viz. till they got the second ; at least very few broke off in that interim . While they lived in Communion with us , they acknowledged their Consciences allowed them ; indeed , what sort of Christians had they been , if it had not been so ? Many ( I can find their Names if I be put to it ) thanked God , that they were reconciled to us , and frequently protested all the World should never again engage them in the Schism . Nay some of the ablest of their Preachers , ( within a very few Weeks before they embraced the Toleration ) said to some of the Regular Clergy , they should never do it ; they were resolved never to Preach more in their life time . Further yet , some of them , even after the second Edition , continued for a long time resolved never to engage in it ; and it cost their Brethren much pains , before they could overcome that Resolution : yea they tell us , to this very day , if they were deprived of their Liberty , they could return to us again . Can there be clearer Evidences for any thing , than these are , that it was not Conscience , but some other Interest , that involved them in such a general Apostacy from one of the greatest Concerns of Christianity , the Unity of the Church ? Indeed , how could ever Conscience be pretended in the Matter ? We had not the least sinful condition in our Communion : We still maintain'd what themselves , the same Articles of Faith ; we worshipp'd God after the same manner : There is no imaginable difference between them and us , in the Administration of Sacraments ; if the Orders of the Church of England be valid , so are ours . All that was ever controverted amongst us , was the point of Church Government ; 't is true we use the Lord's Prayer and the Doxology , and commonly require the Creed in Baptism , which they do not ; if these can justifie a Separation , we are guilty : But if they can , let the World judge . And now these things being so , I would further ask any Man this Question ; whether , when they make such clamours now concerning their by-past sufferings , it can be said , that ever they suffered for Conscience sake ? This by the way . So was the Schism circumstantiate , as I have said , and being once begun , it was wonderful to see how soon it came to a considerable height ; within a few Weeks , Meeting-houses were Erected in many places ; especially in the Western Shires , ( the great Nests of Fanaticism ) and the Churches were drain'd ; Altar was set up against Altar , and the pretended Presbyter against the Bishop . All arts were used to increase their Party , and render the Regular Incumbents contemptible ; People were not left to their own choice , to joyn or not joyn with them : But all Methods of compulsion , except down-right force were taken to engage them ; if any Man went to Church ( whither all had gone very lately ) he was forthwith out of favour with the whole Gang ; if he was an Husbandman , his hap was good if his Neighbours Cattle were not fed amongst his Corns in the Night time ; if he was a Tradesman , no imployment for him ; if a Gentleman of an Estate ( a Laird as we call them ) his own Tenants would abuse him to his face , and threaten him twenty violences : in short , nothing was left untryed , that had the least probability of weakning our hands or strengthening their own . On the other hand , never a more thankful People to His Majesty . Addresses you know , were then much in fashion , and none more forward than they ; witness , That famous one entituled , To the King 's Most Excellent Majesty , The Humble Address of the Presbyterian Ministers , in His Majesties Kingdom of Scotland ; and at the foot , Subscribed in Our Names , and in the Names of the rest of the Brethren of our persuasion at their desire , in which Address , They His Majesties Most Loyal Subjects , from the deep sense they have of His Majesties Gracious and surprizing favour , in not only putting a stop to their long sad sufferings for Nonconformity , but Granting them the Liberty , of the publick and peaceable exercise of their Ministerial Function ; as they bless the great God , who put it in his Royal Heart , so they do withal find themselves bound in duty to offer their most humble and hearty thanks to His Majesty . Then they make vast Protestations in behalf of their Loyalty , His Majesty is but just to them when he believes them Loyal : And by the help of God they will so demean themselves , as His Majesty may find cause rather to enlarge than diminish his favours towards them ; and they humbly beseech , That all who promote any disloyal Principles or Practices ( as they do disown them ) may be looked upon as none of theirs whatsoever name they may assume to themselves . And indeed for a good time , ( even till they had made a good Party , and the P. of O. was coming ) they continued moderate and thankful to a Miracle ; for tho by vertue of that same Toleration , swarms of Popish Priests were let loose through the whole Kingdom , infinitely active to gain Converts , compassing Sea and Land to make one Proselyte , yet seldom so much as one word against Popery in any Meeting-house : Whether it was that they thought it indiscreet , to fall on their Brethren who stood upon the same bottom with themselves ; or they had receiv'd it amongst their Injunctions from the Court Party , not to meddle with these of the Roman Church ; or they did not understand the Controversies ( which seems the most probable , ) and so found themselves obliged in prudence to let them alone ; I am not concerned to determine . 'T is certain it was so de facto ( for once to make use hereof that term ) and I have twenty times heard it confess'd by their constant Auditors . Nay to this very day ( though now they may make bold with Popery , without the hazard of giving the present Court a displeasure , and it might be expected they should do it , for very obvious Reasons ) they very rarely meddle with it . Their great work is to batter down Antichristian Prelacy and Malignancy , Prelacy has been the cause of all the Calamities this Nation has groaned under , God knows for how many years ; King Iesus has been banished , the Gospel has not been Preached in this Land these 27 years by-past . Upon my word I 'm serious Sir , there 's nothing more ordinary in their Sermons then such cant ; and though their Texts be commonly taken from the Old Testament , yet they are all pat and home to the purpose : I could easily give you a great many good notes of their Prayers , as well as their Sermons ; and condescend upon the particular Persons , &c. But perhaps ye may see that sometimes done by it self . While in these Conventicles , Popery was so kindly forborn ; in our Churches these Controversies were our most frequent Subjects ; especially in these places where Priests were setting up . This is well known all over the Kingdom ; some suffered , and many were terribly threatned for it , I could give you part of their Names and Histories if it were needful . Such was the broken State of our Church from Iuly 87. till October 88 , when the late great Revolution began to cast up ; and his Highness the Prince of Orange was said to be coming to Britain , to deliver us from Popery and Slavery , and restore our Religion , Laws and Liberties : You know that was an extraordinary Enterprise ; Britain had not been Invaded by any Foreign Prince , for an hundred Years before . Therefore it was expedient his Highness should forecast , for as kindly a reception as was possible ; to this end he gave out his Declarations for both Kingdoms . It seems that either his Highness , has been diffident of the Regular Clergy in Scotland , and dreaded they would not so readily embark with him , as the Presbyterians were likely to do ; or he has had none , or very few of the Scotch Nation then about him , but such as were of that persuasion . For the Declaration for the Kingdom of Scotland , we found to be purely Presbyterian : I 'm confident Doctor Burnet did not Pen it ; otherwise the Act of Glasgow had not been put into it as a Grievance : He knows very well upon what reasons it was made , and if he pleases , can easily justifie it ; neither had the Clergy of the West ( for they must be the Men ) been so generally pronounced scandalous and ignorant : He was better acquainted with many of them than so ; I had rather think , the Doctor had never seen that Declaration until it was published . But what though he had ? and for Reasons of State , thought fit to let it go as it was ? 'T is no great matter . As I said , it was down-right Presbyterian , and presag'd no good to us : But God be thanked , it found us generally in good preparation for suffering Persecution , for we had cast up our accounts before , and foreseen that possibly we might be expos'd to Tryals : though we had not much reflected , that it was to be by the hands of Protestants . We were confirmed further yet in our suspicions , when we found that those who were engaged in the Presbyterian Interests , were flocking up to London , and making the most numerous , as well as active appearances about his Highness's Court ; that they only had his ear , and seem'd to be the chief Persons , who ( upon His Majesties Retirement ) transferr'd the Government of this Kingdom upon him . By these steps , we began to see further too into the politicks of our Brethren , and upon what Designs they had carried on the Schism so vigorously the year before ; yet we never dreaded that such horrid Barbarities would be our lot , as afterwards were put in execution . And so I am introduced to the main part of my work , which is to give you a brief account , a taste as it were of our present Sufferings ; which were they represented fully , and in all their proper Colours , perhaps they would not obtain belief among Strangers : Nor will I make it my work at present to do it ; both for that I intend brevity , and am unwilling to give to the World such a disgust at my Native Country , as the Barbarities we met with , fully laid open , must needs produce in all those , who have any sense either of Christianity or Humanity . In short then : It pleased Almighty God ( to whose Providence it becomes us humbly to submit in all conditions ) to permit that we should have a Tryal of the Cross ; whereof God forbid we should ever be ashamed ; and , for that end , to give us up to the malice of our Enemies , that they might thrust us into the furnace . For carrying on which Glorious Work , this was their opportunity ; when the certain accounts came of the Prince of Oranges's Resolutions , to come into England , all our standing Forces were called thither : So that this Kingdom was left destitute of such means as were necessary to secure the Peace , if any disturbance should happen to arise amongst us . When that Prince Landed , King Iames being deserted by his Army , and soon after disown'd by his Subjects ; was put upon the necessity of leaving Britain : And here in Scotland his Council very soon dissolv'd , of its own accord , so that in effect the Nation was in a manner without Government , by whose fault I am not now to inquire . Upon this His Majesties sudden Abdication , and voluntary dissolution of his Council , our Brethren found it seasonable for them to turn serious with us . But it was expedient to project how their Game might be successful , before they began to play it : Therefore a Stratagem was contrived ; a general Massacre of Protestants was pretended , and alledged to be intended by the Papists . But how to be effectual ? Seeing their Numbers were so very few , especially on the South-side of the Forth , which was to be the chief Scene of the Tragedy ? for that , this salvo was at hand : So many Thousands of Irish-men were landed in Galloway , had already burnt the Towns of Kirkhudbright all to Ashes , and put all to the edge of the Sword , Young and Old , Male and Female , only three or four Persons ( like Iob's Nuncio's ) had escaped ; and these Savages were posting hard , to be over the whole Kingdom , &c. This Story flew at the rate of a Miracle ; for within twenty four hours or so , it was spread every where through the greater half of the Kingdom . No body doubts now , but People were appointed at several Posts , to transmit it every where at that same time , for it run like Lightning ; and wherever it went , it was so confidently asserted to be true , that he was forthwith a Papist , and upon the Plot who disbeliev'd it . At first we all wondered what it might mean ; but it was not long before we learned by the effects , what was the Politick ; for immediatly in the Western Shires ( where the Fiction was first propagated ) tumultuary Rabbles knotted , and went about , searching for Arms , every body's house whom they suspected as disaffected to their Interests : The pretext was , that the Country might be in a posture of defence against the Irish ; but the real purpose was that all might be made naked , who were inclinable to retard them , in the prosecution of their designs upon the Clergy . Especially they were sure , no Minister should have Sword or Pistol ( as indeed few had any ) or any other Weapon , that might be useful for his defence , if an attempt should be made on him . When they had thus made their preparations for the work ( and you would wonder to hear how speedily , and yet how dexterously it was done ) they fell frankly to it . It was on Christmas day ( that day which once brought good tidings of great joy to all People ; ) that day which once was celebrated by the Court of Heaven it self , and whereon they sung , Glory to God in the Highest , on Earth Peace , and good will towards Men : That day which the whole Christian Church ever since has solemnized , for the greatest Mercy that ever was shewn to sinful Mortals ; that day I say it was ( to the Eternal Honour of all , especially Scotch , Presbyterians ) on which they began the Tragedy ; for so were matters concerted amongst them , that upon that same very day , different Parties started out in different places , and fell upon the Ministers : Particularly about five or six of the Clock at Night , Mr. Gabriel Russel Minister at Govean , was assaulted by a number of Fellows ( most of them , as I am told , his own Parishioners , to whom he had sometimes done considerable Kindnesses ) in his own house : They beat his Wife , his Daughter , and himself too , so inhumanely , that it had almost endangered his life ; carried off the Poor's Box and other Utensils of the Church , and threatned peremptorily if he should ever offer after that to Preach there , he might assure himself of more severe treatment . That same night about Eleven of the Clock , another Party came to the Dwelling-house of Mr. Finnie Minister at Cathcart ; he was from home himself : The Season was not only then naturally cold , but a most vehement frost prevail'd ; yet ( behold their humanity ! ) they thrust his Wife , with four or five small Children out of doors , about Midnight ; threw out all his furniture , and ( till after more than half an hours intreaty ) would not suffer the poor Gentlewoman with her tender Babes , to have lodging that night , so much as in the Stable , nor a Fire of her own Walls to keep the Young ones from the severities of the Weather . The weak tender Children , ( and no wonder , when expos'd to such a rigour ) almost all sick'ned thereafter : But whether any of them dyed , I know not . That same Night Mr. Buyd Minister at Carmunnock , his Family was as rudely treated ; and in many other places , it was solemnized after the same manner . But I am not at this time , to give you a particular inventory of all the incredible Barbarities , which were either on that , or many subsequent days committed : That would make this Letter hugely swell beyond its primary design ; for what work would it require to represent particularly How they took Mr. Robert Bell Minister at Kilmarnock , from his Chamber on a very frosty day , kept him four or five hours bare-headed , exposed to the Cold ; caused his own Sexton to tear his Gown in pieces from his Shoulders ; took the English Liturgy from his pocket , and burnt it with much ceremony in the Market-place ; calling him Papist , and it the Mass-book in English , &c. How they came upon Mr. Simpson Minister at Gastown , took him out bare-headed also , caused his Sexton carry his Morning Gown , to the most publick place of the Village , ( for he had put his Canonical Gowns and Cassicks out of the way , and it was necessary a Gown should be torn ; that was an essential formality , ) where they caused him to put it on , and then rent it in pieces . How thereafter they carried him to a River , forced him to wade through it , at one of the deepest places , then turn'd his face Northward , saying to him , get you gone to your own Country , and see for your life you never look Southward or Westward again . How they carried Mr. Miln Minister at Cawdir , his Gown , being from home himself , in procession to the Church-yard , made a long harangue , concerning their Zeal for God's Glory and the Good Old Cause , after that a long Prayer , then rent the Gown ; and concluded the solemnity with a volly of shot , &c. Could there be greater dishonour done to Iesus Christ and his Holy Religion . How they smote Mr. White Minister at Balingtre , on the face with the butt of a Musket , for speaking to them with his Cap on , as they worded it , though it was in his own House , and the Fellow that said and did so , was a mean Pedler . How they thrust at his heart with a naked Sword ; so that both his Cloaths and Skin were pierced , though , such was the good Providence of God , what through the throng that was in the Room , and what through the distance the Miscreant stood at , who made the thrust , the Wound was not dangerous ? and how they beat his Wife most rudely , though at that time she was so big with Child , that she had past her Reckning . How in a mighty storm of frost and snow , they took Mr. Brown Minister at Kells in Galloway , then residing at Newtoun , carried him to the Mercat place about four of the Clock in the Morning , tyed him to a Cart , set his face to the Weather , &c. in which posture he had certainly died , if a poor Woman , whose heart it seems was made of softer mettal , had not cast some Cloaths about him . How they came on Mr. Francis Ross Minister at Renfrew , and threw out his Wife the third day after she was brought to Bed , together with her tender Infant . How they treated Mr. Guthrie Minister at Keir , in a stormy rainy day , turning all his Family and Furniture out at doors , although three of his Children were dangerously sick , one of a Feaver , the other two of the Small Pox ; and how two of them dyed upon that treatment . How by their rudenesses to Mr. Skinner Minister at Daly , they first frighted his Daughter , a Young Gentlewoman Aged about twenty , into a Feaver ; and then returning after five or six days , while she was in the rage of it , how they turn'd her out of her Bed , pretending to search for arms , though it was very well known the whole Country over , the good Mans genius lay never that way , and so disturbed her , that she dyed raving , amongst her last words repeating these over and over , O! these wicked Men will Murther my Father . How they contrived and carryed on the Tumults at Edinburgh and Glasgow . What Letters were sent to some ; what Citations in Name of the Rabble to others , commanding them to remove from their Churches and Manses under the highest Penalties . What work would it require , I say , to digest all these and the like instances fully and particularly ? perhaps the World may sometimes see it done : But it is enough for my purpose at present , to tell you , that these were their common Methods , and by such means , in a very short time , more than two hundred were thrust from their Churches and Dwellings . Do not think I am imposing on you ; what I have affirmed can be so attested , that greater Moral Evidence can be had for nothing . When ye have read thus far , and when your surprise and first horrors are over , and , as your temper is , you fall a pondering what I have told you ; I am apt to apprehend , a great many things may offer themselves to your consideration ; such is your humanity , that , I know , you will be casting about for Topicks and Apologies to alleviate this heavy charge , I am giving in against our Persecutors . What ? ( so may you think ) certainly no applications have been made to those in power ; for what Person in the World bearing the name of a Magistrate , would not have found himself obliged in credit and honour , as well as duty , to fall on speedy remedies for stopping such an impetuous Current of bare-faced Wickedness ? Or , at most , they have been but pure Rabble , the scum and refuse of the People , who acted these Barbarities ; and they have been so numerous , so fierce and uncontrolable at that time , that Authority has been too weak for them ; for it is not possible that any of the Nobility or Gentry , and much less , that any of the Presbyterian Preachers , could allow of , or have an hand in such Villanies : Or , if these in Power were acquainted with such things , and yet gave no protection : And if the Rabble had encouragement from any Persons of better Quality ; you can hardly miss to conclude , that these Clergy-men who were so treated , have been the most profligate Rogues in the World ; Wretches , who deserv'd to be swept from off the face of the earth , without pity , and with all the solemnities of disgrace and contempt ; for what else can be imagined to justifie such proceedings ? Thus ( I say ) perhaps , Sir , you may reason with your self , when you are making your reflections on what I have already told you : Be pleased therefore to have a little patience , and consider what I am to tell you further . No sooner did these outrages begin , than such applications were made , as you your self ( I 'm sure ) will judge sufficient . Such of the Peers of the Kingdom , as were Privy Counsellors , and had not gone for London were addressed , but they could bring us no relief : Our next Work therefore was to send up private accounts to London , as we had interest or acquaintance , with those of our Nobility and Gentry who were there . But our Enemies had well foreseen all that , and had their instruments ready to run down all private Letters , as the blackest Lies and Forgeries ; and we were called all the infamous things that could be : Our design was to work mischief , and breed disturbances . We were Popishly affected ; and the Politick of such reports was to hinder the Settlement of the Peace , and Establishment of the Government : In a word , we were mortal Enemies to the Prince of Orange , and all his Glorious Designs for securing the Protestant Religion , &c. They received Letters to the quite contrary ; sure they were , their Correspondents were Men well acquainted with whatever passed ; and besides , they were Men of Conscience and undoubted Integrity : They would not conceal the truth , far less would they write Lies and Falshoods ; yet their accounts bore daily , that there were no such Persecutions of Ministers , no Tumults , no Rabbles , &c. The Kingdom was in a most profound peace , and every Man had all imaginable security , especially the Clergy . With such bold affirmations as these , they perswaded his Highness , on whom was transferred the Government of this Kingdom , that all our accounts were most false and villanous , and he ought not to believe them ; only by them he might judge what a pack we were , &c. This we were advertised of by some of our Friends : Wherefore , to give his Highness convincing Evidence , if it was possible , the Brethren of the Seven Presbyteries , ( that you may not be scandalized at the word , be pleased to know that according to the constitution of our Church , the Presbyters of the same Diocess , are commonly combined into several Consistories or Fraternities : These Consistories meet usually once in three or four Weeks for Discipline ; lesser matters they dispatch , and the greater they prepare for their Bishop ; and these Consistories or Fraternities with us , are commonly called Presbyteries ) of Glasgow , Hamilton , Lanerk , Air , Irwiny , Paisley and Dumbartoun , on whom the Persecution came first , and lay most heavily , communicated Counsels , and concluded to send up one of their number , well instructed , to acquaint his Highness with their circumstances . Accordingly Dr. Scott Dean of Glasgow was sent to London : He had with him , an humble Petition for protection , to be presented to his Highness , and a Commission to himself to present it ; each of them subscribed by twelve or fourteen hands : Besides these two Papers , that the evidence might be yet more unquestionable , he had likewise particular accounts of the injuries and violences done to the Brethren of these several Presbyteries , from their Respective Deputies , who met with Power to send him , subscribed with their Hands ; and wherein they undertook to make good what they Represented , upon their highest Perils . What more could be required to make Faith ? to make the truth of our complaints appear beyond all exception ? Yet when the Doctor came to London with these instructions , the good Party continued to have the forehead to contradict all , and run him down with Noise and Clamour . However , his Highness was convinced then , of the Western Barbarities , and seem'd willing to contribute for the protection of the Clergy : So a Declaration was ordered for the preservation of the Peace of this Kingdom , dated Feb. 6. 1688 / 9. And , though Dr. Scott was earnest to have had some Clauses put in it , which had been very proper and useful , but could not obtain their insertion , it cannot be denyed , but it seem'd favourable to the Regular Clergy . But would ye know what success it had ? You may learn that from the Tumult , which happened at Glasgow after it's publication . Upon the protection promised , and the keeping of the Peace commanded by that Declaration , at the desire of many People of the best quality within the City , upon the 17 th of Feb. The Parson of Glasgow ventured to the Pulpit ; but was forced to escape for his life before Sermon was ended ; for instantly , upon notice given that Sermon was in the Cathedral , ( by the instigation of their Preachers as I am told ) all the Meeting-houses emptied , and forthwith went to Arms , came to the Church , discharged several Guns through the Windows , then made open the Doors by force , &c. In summ , many were wounded , several Gentlewomen were stript almost naked , and most rudely treated ; but you must expect the full account of this from some other hand . So likewise Master Iames Litle Minister at Trailslat , upon the Authority of the same Declaration , resolved to have repossess'd himself of his Pulpit ; but was exercised to purpose by a Rabble of Females , who tore not only his Coat , but his very shirt from him ; and ( such was their modesty ) had well nigh done the like with his breeches , had he not cryed to them over and over , that it would be shame for them to look on a Naked Man , &c. So little was his Highness's Declaration noticed ; and when it was objected to these Hero's and Heroins of the Reformation ; their Answer was ready : That Declaration was but a Sham-paper ; they knew his Highnesses mind and resolutions better than so ; they would go on in their work , and take their Hazard . Then began we to see further into the Presbyterian Intrigues than we had done before ; for it required no great skill either in Logick or Politicks , to conclude , that they had got their instructions from their Agents at London , to continue in their laudable Zeal , notwithstanding that Declaration : But of this more afterwards . In the mean time , an account of that Tumult at Glasgow was forthwith sent to his Highness , by an express : But no notice was taken of it further , than to refer it to the Meeting of Estates , which was to set on the 14th of March : But before I come to that Give me leave once more to return to that Declaration , and take notice of one thing : Because the Interests of the Clergy were concerned : It is , it 's commanding all then in Arms ( except the Garisons of the Fortresses , and the Company of Foot entertain'd by the Town of Edinburgh ) within the Kingdom , instantly to disband ; and it 's discharging all Persons in time coming to take Arms , or to continue in Arms upon any pretence whatsoever , &c. There was an Intrigue in this which perhaps ye have not remarked . When the work had gone on so successfully in the West , especially in Glasgow , by the first Tumult , which was there on the 17th of Ianuary , the Presbyterian Party in Edinburgh , ( animated thereto by their Brethrens success and solicitations ; for constant correspondence was kept amongst them ) were upon the resolution of falling upon the Clergy of that City likewise : And that it might be done to purpose , the Western Zealots were coming to the Town in Troops daily . This the Magistrates had notice of ; wherefore considering what Tumults had been raised in the City before , how unfixed the Mobile was , and how much led by Wild-fire and Humour ; and so , being diffident of the fidelity and forwardness of their ordinary Guards : They invited the College of Justice to take Arms , and assist them in defending the Ministers and securing the Peace of the City . That College ( consisting intirely of Gentlemen , and Persons of liberal and generous Education ) readily complyed with the invitation , form'd themselves into a Regiment , and kept Guard for several days according to the Military Discipline . One would think there was nothing here amiss . On the contrary , it was certainly a most generous Action , an undertaking becoming good Patriots , ( thus to appear against Tumults and Rabbles , the greatest Plagues of Society , and Enemies to the peace of Mankind ) and deserves to be transmitted to Posterity with the highest Encomium's : Yet as generous as it was , and as much of equity as it had on it's side , it gall'd the Presbyterians exceedingly ; for thereby their Designs were disappointed ; they durst not fall upon the Regular Clergy : Knowing what good affection these Gentlemen had for them , and that if any Tumult should arise , they would undoubtedly behave themselves according to their Character . Wherefore , they presently sent up hideous accounts to London to their Correspondents , of that matter , who ( having then most of the Princes ear ) easily gave him a wrong notion of it , and thereby got that Clause put into the Declaration . Nay Sir , such a deep grudge did that behaviour of these Gentlemen , beget in the hearts of the Party , that ( notwithstanding they disbanded immediatly upon the publication of that Declaration ) there were designs on Foot since , to have called them to a strict account for it : But why do I say it was design'd ? The Council , I think in Iune or Iuly last , actually appointed a Committee to try them ; and several Advocates were cited to appear before them , and examined concerning the matter : But it seems ( whether it was for shame , or some other cause , I know not ) they thought fit to let it fall ; for they have not yet proceeded further : Yet on the other hand , the Western Rabbles were never called in Question ; on the contrary , they were still encouraged ; as you shall hear incontinent . And so I return to The Meeting of Estates ; you know they met on the 14 th of March , and ( as I said ) to them the troubles of the Clergy were referred : Perhaps for your making a distinct judgment of our Affairs , it might be requisite , that you should have a full and just account , how that Meeting was called ; how many of the Nobility were absent from it ; what scruples the best and most judicious of the Gentry of the Nation had about it ; how thin the Meetings of the smaller Barons were in many Shires , when the Commissioners were chosen ; how industrious the Presbyterian Party was to have all Members Elected of their own Gang ; what methods were taken with the simpler Members , to impose upon them ; what partiality was used in the matter of controverted Elections ; what violences were threat'ned to some ; particularly several Noblemen , &c. and what snares were laid for them : These I say , and twenty other things might perhaps be necessary to be punctually and particularly related to you , before ye can have an exact understanding how things went amongst us . But I have resolved all alongst to keep close to the treatment of the Clergy : And never to meddle with the State , but so far as they are concerned ; and therefore if ye are curious to know these things , ye must either make your application to some other Person , or at least wait till another Occasion . The first thing done by the Meeting , which could comprehend the Clergy was an Act that passed on the 16 th day of March ; whereby they voted themselves a full and lawful Meeting of the Estates ; and that notwithstanding of any thing that might be contain'd in King Iames's Letter , which that day was presented to them , they would continue undissolved , until they should settle and secure , the Protestant Religion , the Government , Laws and Liberties of this Kingdom . This Act , when it passed gave those of the ejected Ministers , who were then at Edinburgh , occasion to refresh themselves with the hopes , that presently their Case would be considered ; for they were as good Protestants as their Neighbours ; and they had Rights and Liberties , asserted by Law , and which ( by consequence ) ought to have been settled and secured , as much as the Rights and Liberties of any other Subjects . But alas ▪ these hopes lasted not long : For not only was their Case never so much as mention'd in the Meeting for a good time ; but , with no good aspect to them , upon the 28 th of March , when several of the Bishops , many of the Nobility , and not a few of the Barons and Burgesses had deserted the House ; the thanks of the Meeting were given to that very same Rabble , which had turned out the Ministers : 'T is tr●● indeed , the Complement was not made them , under that Reduplication ; but I say , they were generally the same Persons ; and that appearance they made , and for which they were thanked , was as illegal , though not so barbarous as the other . But though that was disheartening enough , it was not the worst on 't : That wounded the poor sufferers , but indirectly ; but the next step was downright for their Ruin. It was that Famous Proclamation dated April 13 th . and entituled a Proclamation against the owning the Late King Iames , and Commanding Publick Prayers to be made for King William and Queen Mary . Famous , ( amongst many other Reasons , ) for Keeping and Turning out of their Churches and Livings , the Better as well as Greater half of the Clergy within the Kingdom . And therefore let me give you the History of it a little more fully . On the 4 th of April , the Meeting of Estates , by their Vote , declared that King Iames had forfeited the Right to the Crown , and the Throne Vacant . On the 11 th a Proclamation was Published , declaring William and Mary , King and Queen of England , to be King and Queen of Scotland : But all this time , notwithstanding the Meeting had Sitten very near to a Month , the Rabble were as busie as ever ; and that same Week , had fallen on Mr. Stewart Minister at Ratho . He represented it , and gave in his Petition for Protection , on the 13 th day , being Saturday . This gave them occasion to talk of the Clergy indefinitely , and of the troubles many of them had met with . But what should be done in Relation to them ? It was moved , and the motion was entertain'd , that a Proclamation should be ordered , requiring them to disown King Iames , &c. and promising Protection to all that should give dutiful Obedience . But then another Proposal was made , by his Grace the Duke of Hamiltoun , President of the Meeting , viz. That those who had been thrust from their Stations , might be likewise comprehended , commanded home to their Respective Churches , and promised Protection upon their compliance . This was vigorously opposed by several of the Members ; particularly Sir Iames Montgomery of Skelmorly , said , that was downright to take the whole West on their Top ; it would disoblige all the Presbyterians ; and might have very fatal consequences : Therefore the Meeting must not look so far back ; it would be enough if Protection were promised to those who were in the actual possession and exercise of their Ministry , which reasoning prevailed ; so it came to a Vote , and carried , that the Proclamation should run so , as it was afterwards published . However plain the Case may appear to be between K. Iames and our present King William and Queen Mary , which was the main Subject of the said Proclamation ; yet at this time I shall only tell you what effects it produced upon the Clergy . It distributed them ( as is evident to any who reads it ) into two Classes : Those who on that 13th . of April were ( as it words it ) presently in the possession and exercise of their Ministry ; and these who before that day , had been expell'd by the Rabble : To the former it grants a Conditional , to the latter no Protection at all , but entirely excludes them from their Churches and Livings , and the benefit of the Government . I 'll dispatch what I have to say concerning these of the latter Class first , because their Case is so very singular , and will make the distinctest Figure , when all is subjected to one view , contracted into one body . I have already given you a taste of the Violences done them . I have likewise taken notice , that you may be apt to impute all that was done , merely to the Mobile , and believe , none of the Heads of the Presbyterian Party were any ways accessory to such Barbarities . I have also insinuated such Arguments already , as may convince you that you are in a mistake , if ye think so : Particularly , the pains were taken to run down all Accounts that were sent to London ; ( to what purpose , if these Agents were not on the Plot ? ) The no notice taken of the Prince's Declaration for keeping the Peace ; but the Rabble's turning more insolent after its publication ; ( unaccountably sure ; if they had not their secret Instructions from their Correspondents at Court , to go on vigorously , notwithstanding that Declaration ) and the business of the Colledg of Justice . These seem to me to be unquestionable Proofs , that they were the Heads , the Politicians of the Party , who plotted and encouraged all the Tumults , and the Persecutions of the Clergy : They were the Projectors , and at the bottom of all , and the Mobile was nothing but the base Instrument . If it were needful , I could give you plenty of further Arguments , to make it yet more clear and evident : For ( to omit what I have often heard from Persons of no contemptible Worth nor Intelligence , viz. That there were Letters sent from London , which gave life to the Irish Plot mentioned before , and first set the Rabble in motion : And that the Lord Stair , now President of the Session , was one Author ( as perhaps can be made appear ) , I could tell you , that I have been assured by People of undoubted Credit , that they have heard some who were then very active in rabbling the Clergy , confess since , that the Course was unchristian and horrid ; that they had never attempted it , if they had not been put upon it by Persons of influence ; that they were made to believe , there was no other way to introduce the Presbyterian Government ; that they now heartily repented , they had been so forward ; and if it were to do again , it should never be done . I could tell you further , that even after the 13th . of April , the Earl of Crawford wrote Letters to the Leaders of Rabbles , encouraging them to persist in their laudable Atchievments ; and this so very certain , that the Duke of Hamilton produced one of them in Iune or Iuly last , before the Council , and put the Earl to it , and he could not deny it ; and that it made a great noise , not only at that Table , but through the whole City . And Monroe of Towlis , one of the Members of Parliament , seeing one day a Minister in his Gown in the Parliament-Court , pointed at him , crying , Behold Antichrist ! Will no body tear the Gown from him ? The Minister ( a pretty bold Fellow ) replyed , But , Sir , you are the Beast ! Which made the Spectators laugh ; and so he escaped : For you your self would have sworn he spoke truth , had you ever seen the Man. Further yet ; to this very day , not one Presbyterian Preacher , has ever been heard condemn these Methods from his Pulpit . On the contrary , I could name more than two or three , who actually approved them ; commended the Zeal that put People upon them ; encouraged them to proceed ; and in the new Church of Edinburgh ( De Iure , the Bishops Cathedral , De Facto , now a Presbyterian Meeting House ) it self , where now the great concourse is of all the Nobility and Gentry , who follow the new Guises , it was told them in a Sermon , That such shakings as these ( it is the very words ) were the shakings of God , and without such shakings , his Church was not in use to be setled . Once more yet ; Notwithstanding Rabbling has been all along in fashion , and continues to this moment ; and many Complaints have been made ; yet never hitherto , so much as one Proclamation taking notice of it in form , that is , bearing a Narrative to this purpose , Whereas such Violences have been done , &c. never yet , I say , so much as one Proclamation of that nature , never so much as one Person punished for such Violences . On the contrary , the two or three West-Country Regiments , who pass under the name of Cameronians , seem to have been sent of purpose to quarter in the Shires of Perth and Angus ( Where the People have still been peaceable and affectionate to their Ministers ) that they might persecute the Clergy ; for , wherever they go they do it , and they are never discharged , nor taken any notice of . You would wonder to hear what a wild Pack these are ; I dare not ( dreading Prolixity ) enter upon a full particular description of them : But I cannot forbear to tell you one Fancy which made me laugh , lately when I was told it : It was , That they will not obey their very Officers , but when they please , especially in point of Exercise , when they are bid do this or that , two days together , they will not do it for any Authority or Perswasion ; and when they are challenged for it , they tell , They are not for set Forms . This by the way . By these things , methinks , you may see pretty clearly now ( tho nothing more could be adduced ) who acted the Rabbles : But , in truth , I needed not have been at the pains of collecting these Arguments ; for , By that Proclamation of the 13th . of April ( to which I now return ) all the antecedent Deeds of the Rabble are clearly justified , and fair permission , or rather fresh encouragement is given them to persevere in their course . The Clause is as plain as it is wonderful ; these are the very words , And the Estates do prohibit and discharge any Injury to be offered by any Person whatsoever , to any Ministers of the Gospel , either in Churches or Meeting-Houses ( tho these Meeting-Houses and the Conventicles kept in them , were most directly contrary to Law ; and the States by their forementioned Act , dated March 16. had declared they would sit till they should secure the Laws and Liberties of this Kingdom ) who are presently ( N.B. ) in the possession and exercise of their Ministry therein : Whereby , all forced from their Churches before that day , were entirely excluded the Protection of the Government . If you doubt that that was the sense and purpose of the Clause , I have to produce another Proclamation , which will make an excellent Commentary ; it is that which is dated August 6. 1689. and entituled , A Proclamation anent the Ministers ; whereof the Narrative runs thus , Whereas the Estates of the Kingdom did prohibit and discharge any Injury to be offered by any Person whatsoever to any Minister of the Gospel , either in Churches or Meeting-Houses , who were then , viz. on the 13 th . of April last in possession and exercise of their Ministry . And thus in the mandatory part ▪ Therefore the Lords of their Majesties Privy Council , in their Majesties Name and Authority do strictly command and charge , that none of the Leidges take on hand to do any Violence or Injury to any of the Ministers of the Gospel , whether they be preaching in Churches or Meeting-Houses , and that all such as were in possession and exercise of their Ministry , since the 13 th . of April last , be allowed to continue undisturbed , and that such Ministers as have been removed , dispossessed , or restrained , without a legal Sentence in the exercise of their Ministry , since the 13 th . day of April last , shall be allowed to return , &c. Are you satisfied now ? But I have yet more to give you . It is a Passage in that Address , said to be signed by the greatest part of the Members of the Parliament of Scotland , and deliver'd to his Majesty at Hampton-Court , the 15th . day of October 1689. The words are , It is not unknown to your Majesty what have been the sad Confusions and Disorders of this distressed Country under Prelacy , and for want of its ancient Presbyterian Government ( What scope for commenting here ! if it were my present business ? ) And now the whole West , and many other Parts of Scotland , are at present desolate and destitute , having only Ministers ( it seems you own these Ministers to be no Ministers ; otherwise , having them , how can the West , and these other Parts , be said to be desolate and destitute ? ) called upon the late ( K. Iames's ) Liberty , without any Benefice or Living , or convenient place to preach in . There are a thousand things here quereable , if a body had inclination to be nice ; for example , who knows not that these Ministers were so wise as to make secure Bargains with the People who called them , before they would set up their Meeting-Houses amongst them ? Who knows not that these Eight or Nine Months by past , they have possess'd themselves of all the Churches of the West , and lately of many elsewhere too ? How then can they be said to want convenient places to preach in ? And for what reason can the late Liberty be mentioned ? Was it a sufficient or a legal Warrant for the People to call these Ministers , and these Ministers to embrace such Calls ? Or was it not ? If it was , there was Law for the Dispensing Power , by consequence King Iames is injuriously treated ; If it was not , how comes that People and these Ministers now to be so kindly dealt by ? Did they not comply with the Dispensing Power ? Did they not what they could , by their complyance , to assert it , and give it countenance ? For my part , I think , Reason would say , they deserved as well as any , to be comprehended in the Third Vote , which that Address mentions : But you may interpret this a Digression ; be it so : This I 'm sure is home ; you see the Addressers tell their King , that now The whole West is desolate and destitute . What if he had answered , How comes it to be so ? Were there not Ministers establish'd there by Law ? What is become of them ? What ( can you imagine ) could they return to that , besides one of these two , viz. Either again to address his Majesty for restoring and repossessing those who had been thrust out ? ( an Overture , which I readily believe , got never footing amongst their inclinations ) Or to own that they justified what was done to these Ministers ? And indeed the Air of their Language , in that passage , imports not only that , but likewise , that they take it for granted , that their King will readily justifie all too ; tho I am confident he neither can nor will. Would you have more yet ? As on Christmas day , Anno 1688. the Rabble first fell upon the Clergy of the West , as I have said ; so on Christmas-Eve , Anno 1689. the Council did interpose their Authority , and have discharged all the inferior Judges within the Kingdom to pass Decreets in favors of any Ministers who were not in possession and exercise of their Ministry on the 13th day of April , Anno 1689. for the said Years Revenue ; adducing for their reason , that often mentioned Act and Proclamation , inferring thence , that no Judicature can determin in the Case , except a Parliament . Thus , Sir , you may briefly understand the state of those Ministers who were thrust from their Churches by lawless Force and Violence : Poor People ! It would extort Compassion from any Breast not altogether Stone , to see what sad Circumstances many of them have been in this good time by gone ; having had little or nothing to maintain themselves with , and ( in many instances ) their numerous Families , but the Charity and Benevolence of some good Christians : For generally our Scottish Benefices are but small ; and the most part of the Western Clergy had got little ( till very lately ) of their Stipends for the Year 1687. and nothing of the 1688. And by what I have said last , you may guess what they may expect of the Year 1689. Can any History shew a President for their Case ? Were ever Christian Ministers so treated in a Christian Kingdom ? Will this pass with after-Ages for good Service done to the Protestant Interest ? — But 't is now time To pass over to the other Class , consisting of those who escaped the Hands of the Rabble , till that mysterious 13th . day of April was over : They had indeed a certain sort of Protection promised them by the Proclamation : But perhaps such an one , as you shall hardly find its like under any Government ; tho I have set down the Clause in part already ; yet I will repeat it over again fully , that you may the better understand it : And the Estates do prohibit and discharge any Injury to be offered by any Person whatsomever , to any Minister of the Gospel , either in Churches or Meeting Houses , who are presently in possession and exercise of their Ministry therein ; they behaving ( N. B. ) themselves as becomes , under the present Government : That is , if they shall read the Proclamation , and pray for K. William and Q. Mary , as King and Queen of Scotland ; let no Violence be done them : But if they shall not ( be it upon whatsoever Reasons and Necessities ) To your Task Rabble ; you shall not be question'd for it : Is it not an excellent Government ( think ye ) where Rabbles are constituted Judges , and Executors of Laws ? Was not that brave protection , at a Juncture , when the great Statesmen and Casuists of both Nations , were making Protection and Allegiance reciprocal ? Yet verily Sir , considering the posture of Affairs then , no Man ( without doing Violence to his own Sense ) could put a better gloss upon it . Nay , what I have said , is the least that can be collected ; for in many Mens opinion , these words [ They behaving themselves as becomes , under the present Government ] were designed to comprehend more than Reading and Praying , and were put in of purpose to expose those to the mercy of the Rabble , who ( tho they should obey that Proclamation ) should at any time thereafter , refuse Obedience to any thing . That a Presbyterian Meeting , Council or Parliament , should enact or determin ; certainly the words will go so far easily , and without stretching : 'T is as certain the Rabble herefrom took new encouragement , and kept up the Persecution as hot as ever ; and for my part I can see no other thing like Law for turning out some Ministers afterwards , who had both Read and Prayed , for not observing the late Fast : But of that more anon . Such was the nature of the Protection granted by that Proclamation : I proceed next to as wonderful effects . It required the Ministers within the City of Edinburgh , under the pain of being deprived , and losing their Benefices , to read it publickly from their Pulpits , upon Sunday next , being the 14th . at the end of their Forenoons Sermon ; and the Ministers on this side of the River of Tay , upon the 21st . and those be North the said River , on the 28th under the Pains aforesaid . You see what expedition it required of the Ministers of Edinburgh : It was voted and enacted in the meeting on Saturday about Twelve of the Clock , it was late before it came from the Press , it came not to their hands till it was much later : Some of them were in Bed before they heard of it : some received it not till the next morning : some ( as I am told ) never saw it till they were in the Pulpit . To be sure , none of them had time to consider it throughly , examine the great Matters contained in it , or deliberately satisfie their Consciences about it . The seven English Bishops , the year before , by their example , had taught the World that Ministers were not to Read Proclamations fide implicita , and in a blind Obedience . The present English Parliament , had given several months to the Clergy of that Kingdom to deliberate in , before Sentence was to be past against them , for not complying with the present Revolution . If I am not mistaken , no Church man in England is Deprived to this day ; but you know that better than I. Sure I am , this our Proclamation contain'd things of as great Consequence as that which these seven Bishops found so choaking , that they rather choosed to run the greatest hazards , than enjoyn their Clergy the Reading of it : or as that Law either , upon the account of which so many of the English Clergy are now under Suspension : yet the Clergy of Edinburgh must Read and Pray the very next day , and upon so short Advertisement , or be instantly Deprived : nor can the inclinations of the people be pretended for so quick dispatch ; for I am told , ( and I know it to be certain ) that when the Gentleman who Preached that day in the new Church , had refused to Read it , and the Clerk ( after the Blessing pronounced ) fell a Reading of it ; the whole Congregation ( which that day was very frequent ) run so hastily out of the Church ( such was their indignation ) that before he had half done , there was not so much as one to hear him . So went matters in that Church . In other Churches of the City , some gave Obedience , and some did not . These who did it not met with pretty quick Justice , for the very next Week they were Cited to appear before the Committee of Estates . The first who appeared , was one Doctor Strackan , Professor of Theology in the University , and one of the Ministers in the Trone Church , an ingenuous Man , and a truely Primitive Christian : he made a Defence for himself , which many thought so reasonable then , that I cannot yet forbear to give you an account of it . It was this for substance , That the Estates had found ( in their claim of Right ) that none can be King or Queen of Scotland till they have sworn the Coronation Oath : for this Reason they had Declared that Iames , by assuming the Regal Power , and acting as King without ever taking the Oath required by Law , — had forfeited the Right to the Crown : That all the Estates had yet done , was only to nominate PP : William and Mary , as the Persons to whom the Crown should be offered ; but they had not yet actually made the Offer ; far less had PP . William and Mary accepted of it : it was possible they might refuse it , but though they should not , yet they could not be King and Queen of Scotland till they had solemnly sworn the Oath , which was not yet done ; therefore he did not see how he could Pray for them as King and Queen of Scotland ; nor how the Estates , in reason , or in consequence to their own Principles , could require it of him . I am told the whole Committee was silent ; perhaps it has been for want of a ready Gift : yet , for all that , ( and though he had in Family twelve or thirteen Children ) there was no Mercy for him . His Defence ( though it could not be answered ) was not sustained ; no further time to deliberate , was granted ; but upon his confessing he had not Obeyed , he was forthwith Deprived , and made the first Sacrifice . Nay , some other Ministers there were , who after they had used the same Defence , told moreover , they were willing to Pray for them as King and Queen , so soon as they had taken the Oath ; but this availed not neither : they had not obeyed as the States had enjoyned ; and so they were Sentenced . Thus proceeded that Committee , and in two or three Weeks Deprived betwixt twenty and thirty : and all too before PP . William and Mary had sworn the Oath ; or ( which is all one ) before accounts came from London that they had done it : for upon their assuming the Royal Power ( you know ) the Execution of the Law belonged to them and their Council , and so there was no more place for that Committee . PP . William and Mary took the Coronation Oath , at White-Hall , the eleventh of May 1689. Then they named their Counsellors for this their Ancient Kingdom . They were , for the greater part , persons who had never sate at that Table before : they came in upon a new Found ; they had New , and untryed Rules to walk by , new Designs to carry on : in a word , they had as it were , a split new Systeme of Government , to temper and establish . Besides , there were great varieties of Humors at that time in the Nation . Armies were in the Fields , and a Parliament was to Sit : so the Council had a vast Ocean of Business before them : and so for some Weeks , they had not leisure to fall upon the Clergy ; that is , till about the middle of Iuly . Till which time leave we them , and return to the Rabble , to see what they were doing in the Country . And indeed they were making clean work wherever they came ; I dare scarcely say , it was all one to them , whether the Ministers they fell on , had complyed or not complyed : for now the Complyers were meeting with the sharpest measures . After the Proclamation came out , for a while they remitted something of their eagerness : they hoped the Proclamation ( considering how deeply all who had taken the Test , were sworn , never to disown King Iames as their Sovereign ) would ease them of their Labour ; but when they found that severals were winning over their Oaths , and giving Obedience to the Estates Orders ; it gave them new provocation . If such should be suffered to possess their Churches peaceably , and securely , the Presbyterian Interest should still be at a loss : a great many , of Episcopal Principles , would still be in Office , which afterwards might breed disturbances : Besides , if we may believe the Rabblers themselves , it irritated them to see any man give Complyance , upon this Head , that they look'd upon them , as perjur'd , and men of no Conscience . Whatever the cause was , a good many found the effects : such as Mr. Mac math , Minister at Laswade , ( on whom three or four fellows , came one night , as he was going betwixt Edinburgh , and his own House , stab'd him with Awls and Bodkings , so that he had ten or twelve Wounds in his Belly ; filled his Mouth , till they had almost choaked him , with the dung of Horses , and then left him in that sad condition ▪ ) Master Burgess , Minister at Temple , ( though he was so earnest to Read and Pray , that when he saw the Proclamation was not like to be sent to him by Authority , against the day appointed , he was careful to provide a Copy for himself , and Read it very faithfully , ) Mr. Mac Kenzie , Minister at Kirklistoun , ( who had for some years been Chaplain to Major General Maccay's Regiment in Holland , and was actually with him under the same Character at the Battle of Gillychranky , ) Mr. Hamiltoun , Minister at Kirknewtown , Mr. Nimmo , Minister at Colingtown , Mr. Donaldsone , at Dumbartown , &c. Nay ▪ I could instance in a whole Presbytery in Galloway ; for upon the News that such a Proclamation was ordered ; these Brethren met , and consulted what was to be done ; and in brief the Resolution was , that all should give Obedience , and all truly did it ; ( as , who could blame them , seeing besides the Authority of the Estates , they had the Votes of their own Consciences for it ? ) But within a few days not one of them escaped Rabbling : they were as indiscriminately turned out , as they had unanimously transferred their Allegiance from King Iames , to King William and Queen Mary . Twenty more such instances might be adduced , if it were needful : but there are three so very remarkable , that I cannot pass them by . One is , Mr. Mac Gill , Minister at Killsyth , within the Presbytery of Glasgow : all his Neighbour Presbyters had been turned out before ; he alone , of that Fraternity , was spared till the 13. of April was past . The good Man loved his Religion ; and upon the precise day , gave Obedience . But the very next Sunday a Rabble Convened to interrupt him . It is true , they were that day repulsed with loss ; for many of the people of the Parish appeared for him ; and one of the Rabble was killed in the Scuffle . The poor Minister ( no blood-thirsty Man ) had fled for his life to the Earl of Kilmarnock's House , who lived at no great distance ; and knew not how the Fray was ended : but one Master Maxwell , the Lord Kilsyth's Factor in these Parts , seeing the Man was dead , took Journey straight for Edinburgh ; that he might be the first , for acquainting the Lords of the Committee with what had happened . He told them , the Minister had given Obedience to the Proclamation ; so that he had a right to the Protection promised in it ; that therefore when the Rabble came upon him , a good many people found themselves obliged to defend him , not only out of respect they had for him as their Pastor ; but also for their own security , for if they had not done so , they might have been lyable to the Law , which obliges the several Parishes within the Kingdom to protect their Ministers ; otherwise to be answerable for his Losses . He told them likewise , that one had lost his life in the Quarrel . The Lord Ross was then Preses of the Committee : when the Gentleman had thus far told the Story , his Lordship told him gravely , he wished the Rabble had not been opposed ; such people cared not what they did ; it had been better to have yielded to their humour ; he was truely sorry that blood was shed ; but in such a Case , it would be hard to get the Actor punished . But my Lord ( said the Gentleman ) he was none of ours , he was of the Rabble who was killed : what do you say ( replyed his Lordship ) one of the Rabble ! That may draw deeper than you are aware of . This to let you see the humour which then prevailed amongst our Leading Men in the Government ; and it brings me in mind of a Scotch Proverb I have heard , viz. That Halkertons Cow is a very old Beast . But how ended the Matter ? The next day , after they had buryed the Man who was killed , the whole Company fell upon Mr. Mac Gill's House , Rifled it , broke and tore all his Furniture to pieces , destroyed all his Books and Papers , carried off about 15 or 20 l. Sterling of mony , plunged his Hats and Periwigs in the Churn amongst some Milk , and pounded them with the Churn-Staff , emptied all his Meal out of its Repositories , and then the Chamber-Box amongst it ; in a word , you have hardly read or heard of such Barbarous tricks as they played : The poor Gentleman sustained of Loss to the value of 150 l. ( a good Stock for a Scotch Minister ) and to this day has got neither Reparation nor Protection . The other two instances shall be Mr. Craig , and Mr. Buchannan , both Ministers within the Presbytery of Dumbartoun : I do not adduce them for any thing that was odd , and singular , in the treatment they had from the Rabble ; for so far , they received only the common Measure : But to let you see how little it avails Men not only to have Complyed but to have done good Services , if they have once owned Episcopacy . These two Gentlemen are Barons in Stirlingshire , that is , they hold such Lands of the King in Capite , as gives them the priviledge of Voting at the Choosing Commissioners for Parliament , or being such themselves ; if they should be Chosen . Now , when the Members were a choosing for the late Meeting of Estates : the Gentlemen of that Shire of Stirling were almost equally divided about the persons to be Elected for their Representatives . Four were Listed , two downright Malignants , Cavaliers , who would have been clear for King Iames his Interest ; and two who were as clear for that , of the Prince of Orange : When it came to be determined , the Votes ran equal , till it came to the two Laird-Ministers who were last , so they had the casting of the Ballance , and both did it in favours of the new States-men : what could they have done more for the Prince of Orange ? Their Votes made ( and by consequence were equivalent to , two Votes of ) two Members of the Meeting for him ; besides ( not being turn'd out before the 13. of April , ) they did all Duty , Read and Prayed , &c. Yet now that they are Rabbled , no more Protection for them , than for the Rottenest Iacobite in the Kingdom . These are the advantages of Complyance amongst us ; not one of all those whom I have named ( and as I said , it were easie to name as many more ) has Protection to this day , none of them dares venture to their Churches , few or none to their Houses . By this you may see what were the circumstances of the Clergy , during the interval between the Conventions being Changed into a Parliament , and the middle of Iuly , to which I now return . What was the Cause which made the Council intermit so long the Deprivation of the Non-Complying Ministers , I am neither able nor careful to know : but it seems such delays were extremely unpleasant to the Presbyterian Preachers : wherefore they thought it convenient to give them the Spur to purpose . The Parliament was then Sitting ; so they gave in a long Address to it : wherein , having thanked God for the great Deliverance wrought by his Instrument , the Pious and Magnanimous William , then Prince of Orange , now , by the good hand of God , their Gracious Sovereign ; Complemented the Commissioner , and the rest of the Lords of Parliament ; and miscalled Episcopacy , and Bishops , and all that own them , as very ill things ; they come to their demands , where appears in the Van , the freeing this poor Oppressed Church from such Oppressors and Oppressions . There are many other things in it worthy of your notice , particularly their Petitioning that the Church Government may be Established in the hands of such only who by their former Carriage , and Sufferings , have evidenced that they are known Sound Presbyterians — ( This is nothing like Prelacy ) and , their requesting that the Church thus Established may be allowed by their Lordships Civil Sanction , to appoint Visitations for purging out Insufficient , Negligent , Scandalous , and Erroneous Ministers , ( and what Apostle , if ye give him a Prebyterian Jury , shall not come within the comprehension of one of these four ? ) This Address , I say , was given in to the Parliament : and what wonder though the Council was awakened by it ? And , indeed , immediately , they fell to work , the Inquisition revived , and Summons were issued out , at the Kings Advocates instance , against a good many ; but before I come to their success , there is one thing I must not forget to tell you . Every Man knows , and the commonest Equity requires , that publick Edicts or Proclamations , ( especially when they are peremptory in their Diets , and positive in their Sanctions ) ought to be very carefully and Authentically transmitted to those they do oblige . Yet never less care taken since the World began , of the just and regular Conveyance of any thing , than there was of that Proclamation to the Ministers : there were hundreds of Ministers to whose hands it came not till the days prefixed were expired : particularly in the Shire of Fife , there are betwixt seventy and eighty Parishes ; yet I am credibly told , only six Copies came to the Sheriff Clerks hand , who was ordered to distribute them : and there was no such Clause in the Proclamation , as allowed , far less required them to obey it any Sunday thereafter : for what I remark this , you will know instantly . Summonds were issued out , as I have said , and the Council ( that they might shew a suitable zeal , and be every whit as forward as the party would have them , or as 't is possible for the Ecclesiastical Visitations themselves to be , sit when they will ) proceeded as summarily as could be desired . The person cited heard a long Libel read , concerning the Irreligion , the Ingratitude , the Contempt , &c. of his Disobedience . After that , the President of the Council asked him , if he had read the Proclamation upon the day prefixed , and if he had ever since prayed publickly for King William , and Queen Mary : ( it was added sometimes by Name and Surname , when the Earl of Crawford was President ) as King and Queen of Scotland ? if he answered [ No ] to both ; no Mercy for him . But I must be a little more particular on this Head. Be pleased to know then that there was one Clause which in thirty or forty Libels , was never omitted . This , word for word : Whereas the Ministers , by a Proclamation dated the thirteenth of April , were commanded and required to read the same upon the respective days therein contained , and pray — Yet when the said Proclamation of the Estates was sent to him ( the person accused ) at least came to his hands , or of which he had knowledge ( mark the Gradation , and the Equity of the several steps , especially the last ) he was so far from testifying his Gratitude , and giving due Obedience thereunto , that , &c. And who could stand before such an Indictment ? And indeed few were able . For If the Minister pleaded , That the Proclamation had never come to his hands , and was ready to swear it ( as many might have done with a good Conscience ) it profited him nothing ; he was guilty , by the third step of the Gradation , just now taken notice of . And it was all one , whether he had prayed for King William and Queen Mary , or not , if he had not read : e. g. Mr. Guild , Minister at North Berwick , told the Council , he had prayed for them from the very first day he had heard they were proclaimed King and Queen , and none in the Kingdom was more joyful than he , that a Protestant King and Queen were set on the Throne , ( I have half a dozen more of instances of the same nature ) yet he was deprived . If he had both read and prayed , yet if it was not done on the precise days , there was no escaping . So it fared with Mr. Hay , Minister at Kinsongahair , Hunter at Stirling , Young at Mony-vaird , and many others , especially Mr. Aird , Minister at Tory-burn , ( an old , grave , serious man ) who , tho he brought a Certificate from the Sheriff of the Shire where he lived , bearing , that he had read the Proclamation on the Sunday immediately after he received it , was yet deprived without remedy . One thing was remarked all alongst , viz. That the Question was never put whether they would give Obedience thereafter . No , there was no place for Repentance . And I remember to have heard , that some of the Magistrates of the Town of Perth , aliàs S. Iohns-Town ) after both their Ministers were deprived , came to the Earl of Crawford , and insinuated to him , that they were hopeful . One Mr. Anderson ( a good natured man , and a very good Pastor , and who had been one of the Ministers of the said Town ) perhaps might be induced to comply yet ; and that he would be extremely acceptable to the People , if he were reponed , &c. But presently his Lordship turned huffy ; and told them , that was not so much as once to be mentioned . So they were forced to let fall their design . Indeed his Lordship is a most zealous Reformer , and as fit for being President at a Board , for turning out Episcopal Clergy-Men , as could have been fallen upon . I remember a certain Minister who had been a good time of his Lordships Acquaintance , went to him , thinking to have prevailed with him , to have got the Diet deserted ; and they had a very pleasant Conversation . His Lordship asked whether he used publickly to pray for King William , and Queen Mary . He answered , he prayed as the Apostle directed ; and cited 1 Tim. 2.1 , 2. Well ( says my Lord ) that 's enough for us to deprive you . After some more Discourse , the Minister said , he was sorry for the Desolations of the Church . And his Lordship answered very quaintly : But so am not I. The Work had never gone on so successfully , if he had not been on the top of it . For many times they had enough to do to get a Quorum of the Council ( which can consist of no less than nine ) on these days that were set apart for the Clergy : ( in effect , it was no wonder tho ordinary Stomachs had some kind of loathing to it ) and then his Lordship was in a strange pickle , and you would have seen strange running of Macers through the City , calling them from their Lodgings . But let me return to my Thread again . Within a few days , the Council found it would make tedious work to have them all cited at the Advocates Instance , therefore they took a shorter method ; it was the inviting and allowing the Parishioners and Hearers of such Ministers as had not obeyed , to cite them before the Council . This is the great purpose of that Proclamation dated August 16. mentioned before . The Clause is this : As also that such Ministers who have not read the Proclamation , and prayed — may be deprived of their Benefices . — The Lords of his Majesties Privy Council do invite and allow the Parishioners and Hearers of such Ministers — to cite them before the Privy Council , &c. This Proclamation served two purposes ; first it made quicker dispatch , and then , by it , opportunity was given to every malicious person to frame what Libels they pleased against their Ministers . Both ends were served pretty successfully ; Deprivations were more expedite , and more numerous than they had been before ; and many Crimes and Scandals were libelled against several Ministers . 'T is true , the Council never examined Witnesses , nor sustain'd themselves Judges concerning any thing but what was contained in the Grand Proclamation , viz. Reading and Praying . And they frequently declared , ( when the persons calumniate , craved , that these Scandals and Immoralities might either be tryed , or put out of the Libel ) that they were not to insist against them on these Heads : yet the Libels with these things in them stand still on Record ; and I hear full Accounts of them are sent to London , and daily Printed there , and making good company in the Coffee-Houses . No body ever doubted but there was something insidious and base in the Design . Who knows but the Ecclesiastical Visitations , when they sit , will sustain all these Libels as sufficiently proven already , seeing they were before the Privy Council , and Sentence followed upon them ? And God knows what other Fruits the keeping of them may produce ! But certainly it had looked much liker to fair dealing , it had been more generous , and worthy of Gentlemen , if the Council , ( seeing they were not to dip in these matters ) had discharged them to be libelled , and suffered no more to be brought before them , than what they were to try and judge of . One would think , now the Course was quick enough against the Clergy ; yet within some other few days , it was found not to be expedite enough neither . In many Parishes there were none who would pursue their Ministers ; and besides , it was somewhat expensive for the Lieges to raise Summons before the Council : wherefore A further step was made , a third Proclamation was ordered , intituled , For citing Ministers , who have not prayed for their Majesties , and Dated August 22 : whereby ( that with the greater expedition , and the least expence to the Lieges , the former Proclamations might attain their intended Design and Effect ) Invitation and Allowance were again given , not only to the Parishioners and Hearers of the disobedient Ministers , but also to the Heretors of these Parishes ( tho living at never so great distance ) and the Sheriffs and their Deputes , and Magistrates of Burghs , and the Members of the Current Parliament within their respective Bounds , to cause cite such Ministers before the Council , and Warrand was granted to Messengers at Arms , for citing them , and such Witnesses as were necessary ; and that the Expedition might be greater yet , a Messenger 's delivering a Copy of this Proclamation , either in Print or Writ , signed by his Hand , to each Minister that should be cited by him to any Tuesday or Thursday , ( these two days of every Week were set apart intirely for that purpose ) six days after the citation , for all on this side the River Tay , and fourteen days for all beyond the said River , &c. And further it was declared , that the said Proclamation was without prejudice of any Citations already given , or to be given , either upon the former Act of Council , or upon Warrands from the Council-Board . Have ye not enough of expedition now in all Conscience ? Yet to make all surer still ; and because they were finding , that severals had complyed , whom they were willing to have turned out , but had no shadow of Law to do it by ! At the instigation of the Presbyterian Ministers , Elders and Professors ( as it self words it ) upon the twenty fourth of August , forth comes another Proclamation for a general Fast , to be kept on two Lord's Days , viz. on this side the Tay , Sept. 15. on the other side , Sept. 22. No question it was designed for a choaking morsel ; for perhaps you never saw any thing like it . That it required Christians to fast on the Lord's Day , ( tho that was harsh enough , no ways fitted for a tender Stomach , and would have gone very ill down with Tertullian himself , as much as he was for Fasting ) was the thing least nauseous about it , except the bad Grammar , and the good Stock of great Nonsense that was in it . For in effect ( besides what was relative to the present State of Affairs ) it not only unministered , but even unchristened , the whole Regular Clergy , and these who owned them ; and expressly bore , that God for a long time ( since the Restitution of Episcopacy , no doubt ) had restrained the presence of his Spirit , in the Conversion of Souls , &c. And this Proclamation was to be read twice , and the Fast to be kept once , in every Church and Meeting-House within the Kingdom . Now to the success . What wonder tho these Twin-Proclamations ( for so I may call them , considering how short the interval was between their Dates ) wrought strange feats amongst the poor Clergy ? as indeed they did . For many who ( with hard Gripings ) had got the Proclamation of the thirteenth of April digested , could not yet get that for the Fast , forced over their Throats , particularly I could name two of the Ministers of Edenburg , who the very next Week were deprived for it . And the other Proclamation was pretty good at citing those who had refused to give Obedience , as you may guess by its Nature . Yet I must confess it has not done all the skaith it might ; as you shall hear anon ; Although it wrought wonders , of a right strange Address . For by virtue of it , when some Ministers , far North , in Murray , or Bamf , or somewhere thereabout , were Cited , and Compeared ; but were like to find the Diet deserted , because no Accuser appeared against them : By virtue of it ( I say ) upon that occasion , the Laird of Brody , one of the Privy Council , being a Member of the Current Parliament , representing that Shire where these Ministers liv'd , came to the Bar where they were standing , and smil'd , and told them , he would be their Accuser , and was as good as his word ; and then stept into his Seat at the Table again , and Voted for their Deprivation . And so I come to the end of my History , when I have told you that thus it stands with the Scottish Clergy at present . All our Bishops are turn'd out , and their Order abolished by Act of Parliament , dated Iuly 5. their whole Benefices for the year 1689. are taken from them by publick Proclamation . The Number of Presbyters within the Kingdom , may be about 900 and 40 or 50 , or so , of these about 300 are turn'd out by Tumult and Rabble ; and their Expulsion is ( as to the most part ) justified and ( as to the rest ) conniv'd at by th●● Government : About 200 are deprived by sentence of the Privy Council . Those who continue in their Stations ( being the lesser half ) may be subdivided into two Categories . A great many have giv'n no Obedience yet , and have escap'd , by the distance they live at , from Edinburgh and Fanaticism ; or because no body has delated them ; what may be such Mens Fate ( if the present Methods continue ) is easie to imagine . The rest have complyed ; but how far that may secure them , God only knows ; but ( if I may give my Conjecture ) I think I may tell them : They have not done the half of what will be necessary to save them ; and I think I have plausible grounds to say this on . For not only can I give them a certain Minister by the hand , to whom a certain Nobleman ( a Privy Counsellor , who makes a considerable Figure at present , and who is Presbyterian enough too ; though it seems he has more than the ordinary ingenuity of the Party ) said , he was truly glad , that Minister had made no compliances ( they were Cousins ; perhaps that made him speak more freely ) and assur'd him , the present compliance would save no Man ; for the resolution was , that none of the Episcopal Clergy should be spared . This I know to be of certain truth : Besides , the Council lately were beginning to let so much out : For when some Ministers in Argyle-shire ( who Preach in Irish , by consequence , whose places cannot be so easily supplyed , whom therefore they were not earnest to lay aside for altogether ) were before them ; though they made them the gracious offer , made to few or none before , that they should be continued in their Ministry , upon their yet obeying the Proclamation , yet they would not allow them their own Churches : The secret of the matter is , all must be once out , none must enjoy their Benefices , by virtue of a Presentation from a Patron , and a Collation from a Bishop ; if any shall be permitted hereafter to bear Office ; they must come in upon the new found , that 's to be erected after the Presbyterian Model . This I am told the Statesmen are clear for : But then the Kirk-men must have their terms too , and what they may be , I am not he who can divine . Presbytery , Presbytery in Folio must be one ; perhaps the Covenant may be another : And God knows what purgative Doses , those who have ever liv'd under Episcopacy must take , before they can be admitted into such a pure Society : I doubt it would puzzle Mr. Salathiel Stiff-collar himself , your famous English Mountebank , to tell beforehand what the Recipe may be : This is certain , No compliances any of the Conform'd Clergy have yet made , have brought them so much as one inch nearer to a Reconciliation with the Presbyterians : Some have been at work enough to get their Countenance ; particularly Doctor Robinson , and Mr. Malcome , two of the Ministers of Edinburgh : They have Preach'd once and again , against the Pride of Prelates , and the Corruptions of the Church , &c. ( especially the Doctor , whose great complaint it has been of late , that he has groan'd these twenty seven years by-past under the Yoke of Episcopacy ; although at the Restitution of the Government , he did not think his Mission good , having had only Presbyterial Ordination ; and therefore was Reordained by a Bishop . ) They have sent once and again to the Presbyterian Clubs , in treating they might be admitted into their Fellowship , and to sit in their Presbyteries : And they have used all Arts for gaining belief , that they are in earnest ; for instance , they are both Prebendaries of the Cathedral of Edinburgh , and the Bishop pays to each of them ten pound Sterl . per annum : Through the long surcease of Justice that has been in the Kingdom , till of late ; his Lordship had got none of the Revenue for the year 88 , and wanted not reason to doubt if ever he should have it ; so their Fees for that year were resting : Wherefore in August or September last , they pursued him jointly , before the Bailiffs of Edinburgh , ( no competent Judges ) merely to cast dirt upon him , that thereby they might ingratiate themselves with the Godly : Yet all has not prevail'd , they find the Party inexorable . By what is said , methinks you may now make a tolerable judgment of the treatment the Scottish Clergy have met with hitherto , or are like to meet with hereafter . One thing remains yet to be done , viz. to say somthing in Vindication of these Episcopal Clergy-men , who have been so treated , and to account some way for their Lives and Abilities : I know there are strange things talk'd of them in England ; for besides that the Prince of Orange last year , declared them generally scandalous and ignorant ( as was noted before ) the good Party have long had , and still have their instruments busie , Printing and Publishing odd stories of them . So that perhaps Sir , you may be as earnest to understand what can be said on that Head , as any thing I have yet dispatched : But I might with good reason disappoint you , and make that the shortest part of my task ; indeed two or three Sentences might serve : For It might be sufficient to say , that general Indictments ought still to go for Calumnies , and the proper defence is to tell , they are broad Lies . Let their Enemies condescend upon the particular Persons , and the particular Crimes ; that 's the way to find guilt ; and whoever believes there is any , till that is done , is near of Kin to an unjust Judge . Dare they for their hearts pronounce all ignorant ? or all scandalous ? or all negligent ? or all erroneous ? or all of a persecuting temper ? If they dare , I hope they are bound to make it good , against every Individual ; and let them try that when they will. If they dare not ( as certainly they dare not ; even Machiavel himself , their Master for that Politick , were he alive durst not ) then , who sees not the Iniquity of these indefinite aspersions ? where were Christians taught to mix the Innocent with the Guilty , so indiscriminately ? This , Sir , methinks might pass for sufficient Antidote against all these bold Slanders ; but lest it may not satisfie you , I have more to say , and God be thanked , I can say it confidently , because I know it to be true : I can say , The Church of Scotland , since the Reformation , was never generally so well provided with Pastors ; as at the beginning of the present Persecution : 'T is true , she has sometimes had some Sons ; ( such as Doctor Forbes , Doctor Baron , &c : ) more Eminent for Learning , than perhaps any of the present Generation will pretend to : But what Church is there in the World , wherein every day , extraordinary Lights are to be found ? It cannot be denyed neither , that there are amongst us some of but ordinary Parts ; but in what Church was it ever otherwise ? it would be an odd thing , if the poor cold Climate of Scotland could still afford a thousand Augustines or Aquinas's ; perhaps too there may be some , who are not so careful to adorn their Sacred Office with a suitable Conversation , as they ought to be : But what wonder , when Our Saviour himself had one , a Devil , of twelve in his Retinue ? what Country is it where all the Clergy-men are Saints ? And therefore , I say it over again ; the Church of Scotland was never so well planted , generally , since the Reformation as it was a year ago . This is a Proposition which I confess cannot be demonstrated so , by a private Man , sitting in his Chamber , as to convince the obstinate , or give full satisfaction to Strangers . But so far as things of that nature can be made appear plausible , and at a distance ; I think this may be done very briefly , in answering the Charges commonly given in against them . The first is Ignorance ; but what 's the Standard to judge by , whether Men have such a competency of knowledge , as may ( caeteris paribus ) qualifie them for the Ministery ? till that be condescended on , I might very well bid them put up their Objection in their Pocket , till they can make palpable sense of it ; at least , till that be done , this pretended Ignorance cannot be sustain'd , as a sufficient Argument for justifying the present Persecution . But how can the Scotish Clergy be so very ignorant ? No Man ( since I remember ) was ever admitted to the Ministery , till he had first pass'd his course at some University , and Commenc'd Master of Arts : And generally none are admitted to tryal for being Probationers , till after that Commencement , they have been four or five years Students in Divinity . The Method of that Tryal is commonly this , the Candidate gets first a Text prescrib'd him , on which he makes a Homily before some Presbytery : Then he has an Exegesis in Latin , on some common Head , ( ordinarily some Popish Controversie ) and sustains disputes upon it . After this he is tryed as to his skill in the Languages and Chronology : He is likewise obliged to Answer ( ex tempore ) any Question in Divinity , that shall be proposed to him , by any Member of the Presbytery . This is called the Questionary tryal ; then , he has that which we call the Exercise and Addition ; that is , ( as it is in most Presbyteries ) one day , he must Analize and Comment upon a Text , for half an hour or so , so shew his skill in Textual , Critical , and Casuistick Theology ; and another day for another half hour , he discourses again by drawing practical Inferences , &c. to show his Abilities that way too : And then lastly , he must make a popular Sermon ; ( I believe you have scarcely so severe tryals in England ) all this done , the Presbytery considers whether it be sit to recommend him to the Bishop , for a Licence to Preach ( and many have I known remitted to their Studies ) if they find him qualifyed , and recommend him , he gets his Licence , he Commences Probationer for the Ministery , and commonly continues such for two , three , four , or more years thereafter , till he is presented to some Benefice : Then he passes over again through all the foresaid steps of tryal , and more accurately , before he is Ordained : What greater Scrutiny would you desire , as to point of Knowledge ? But besides that , I have somthing more to tell you ; it is , That generally , since the Restitution of Episcopacy , our Divines have had better Education , &c. been put on better Methods of Study , than ever they were before . They have learned to lay aside prejudices , and trace truth ingenuously , and embrace it where they find it . With our Predecessors , especially in the times of Presbytery : The Dutch Divinity was only in Vogue . Their Common-place-men were the great Standards , and are so still to that Party , and whoever stept aside one hairs breadth from their Positions , was forthwith an Heretick . But the present Generation , after the way of England , take the Scriptures for their Rule ; and the Ancients , and right Reason for Guides , for finding the Genuine Sense of that Rule ; by which Method in my opinion , they are come to have their Principles and Thoughts far better digested . For Evidence of this , be pleased to know Sir , that upon the Restitution of Episcopacy Anno 1662. There were Six Hundred Good , who kept their Stations and Conformed . These were not only generally of Presbyterian Education , but likewise for the most part , the ablest Men who were then in Office : There are many of these Men yet alive . Now , if this experiment were made , if these Men who had that Presbyterian Education , were examined upon their Skill and Principles in Divinity ; and if again , those who have had the posterior Education were likewise tryed , I could lay an even wager , if I were much provok'd , I would venture three to one , all ingenuous and impartial Judges , should determine in favours of the latter Sort , and confess that they have clearer and more distinct Idea's of things , and understand the Christian Philosophy better . In a word , I 'll affirm it confidently , that Philosophy was never understood better , nor never Preached better in Scotland , than it has been these twenty years by-gone . I must confess , it was never less practised : but for that we may thank the Presbyterians : Do not think this a Slander ; for if they ( during their twenty four years Usurpation , i. e. from Thirty eight till Sixty two inclusive ) had not made many things , such as Rebellion and Presbytery jure Divino ; if they had not baffled Peoples credulity , by making all the extravagances of the late times , God's own work , and the Cause of Christ , &c. And if they had not made it their chief work ever since ; to create and cherish Divisions and Schisms among us , and keep up a Party for themselves , by all means possible : I doubt not , the Gospel ( with God's Blessing ) would have had more desirable success , than it has had in this Kingdom . What a pernicious thing is it , needlesly to break the Unity , and disturb the Peace of a Church ! I have often thought on that saying of Irenaeus Lib. 4. adver . Haeres . Cap. 62. Nulla ab iis ( schismaticis ) tanta fieri potest correptio , quanta est Schismatis pernicies ; and the more I think on it , I find still the more of important truth in it : And believe it Sir , if ever there was a Sect , since Christ came into the World , to whom that Fathers words in that same Chapter , were applicable , they are , ( only one thing excepted ) to our Scotch Presbyterians . Suam utilitatem potius considerantes , quam Unitatem Ecclesiae ; propter modicas & quaslibet Causas , magnum & gloriosum Corpus Christi conscindunt & dividunt , & quantum in ipsis est interficiunt ; pacem loquentes ( here it only fails ) & bellum operantes ; vere liquantes Culicem , & Camelum transglutientes . By their Divisions , they have still kept up such Rancours and Animosities amongst us ; that the Meek , Calm , Gentle , Peaceable Spirit of Christianity , could get no footing . And how can the Religion flourish without that ? And by their bold entituling all their unaccountable freaks , in the late times ( as I said ) to God's Authority , and abusing his Holy Word to justifie them ; they lost all the credit of the Ministery . For so soon as Peoples eyes opened , and they began to see what Legerdemain had been play'd in the Pulpits ; especially under such high pretensions to Godliness , they look'd upon the Sacred Office of the Ministery ( and continue to do so ever since ) as a mere Imposture ; so that though we are at never so much pains to perswade and convince ; yet our Labours are not regarded , and if they be not that , how can they be successful ? I know you 'll think this a Digression . Be it so , I could not help it , I have such strong impressions of the truth of the thing , that I could not forbear to tell it you . What I have said methinks , may pass for a good enough account of the Abilities of the Conform'd Clergy ▪ Yet I have one thing more to add , I will not Recriminate , nor go to tell our Presbyterian Brethren back again , that of all Men alive they ought to have been the last , for charging us with Ignorance . But this I will undertake for ; let them out of their whole Number within the Kingdom , chuse five , six , seven ; or what Number they please , and the Episcopal Clergy shall be content that even out of the Diocess of Glasgow , ( that Diocess which so much pains has been taken to make infamous for its Ignorance ) the like number be chosen , for debating all the points in Controversie between us , before any sufficient and impartial Judge in Christendom : And is not this enough ad homines ? But I have dwelt too long upon this first charge ; and must make amends in what follows . The second thing is Immorality , we are generally scandalous as well as ignorant : But I doubt , if amongst all the Episcopal Clergy in Scotland , they shall find a match for their own Mr. Williamson : Let them shew me a Man that played such tricks while a Minister , and was so little challeng'd , as he is , by his Brethren . Not to mention how ( for all his lewdness ) he is now a leading Man of the Party , and was lately one of their Commissioners at London . Indeed , Sir , what greater pains can be taken either to keep or to purge out scandalous Men from being of the Clergy , than our Constitution prescribes ? after any Man is presented to a Benefice , before he is either Collated , or put in Orders ; an Edict is read publickly , before the whole Congregation , in the Church where he is to be settled ; requiring and inviting the Heretors , or any within the Parish , who have any thing to object against his Life , to do it on such a day , before the Bishop , or some deputed by him ; and if any blemish be found that way , he is rejected : And for those who are once in the Ministery ; I believe there is hardly a sharper Discipline any where , than in Scotland . The least Crime proven against any has its punishment : e. g. One Act of Drunkenness clearly made out , will suspend him ; and two ( though some years intervene betwixt them ) are sufficient to Depose him , and Deprive him for ever . But I need not dwell on these things : Your Bishop of Salisbury , Dr. Burnet , if he pleases , can tell the World ( I 'm sure he has told it in many things as unseasonably ) that when Dr. Lighton was Commendator of Glasgow , and he himself Professor of Divinity there ; the Clamour about the Ignorance and Immoralities of the Clergy of that Diocess was such , that the said Commendator turn'd very earnest to have it purged : That for this end , he allowed and invited all People to accuse their Pastors , and give in what Indictments they pleas'd against them ; that this was not done scrimply neither , nor out of mere form ; but if there was any partiality , it was against the Minister : And yet after all that how many were found worthy of Deposition ? only one ( as I am told ) of some hundreds ; and he too , not without great suspicions of Injustice . Dr. Burnet , I say , can tell all this if he pleases ; for no Man was deeper in that Inquisition then himself , being one of the Commendators chief Counsellors and Instruments . And after all , when both had done what they could , they were forced to confess , the Clergy were injur'd , and it was nothing but the Spirit of Fanaticism , which made the People so unkind to them , and raise such calumnies against them . Indeed it would have been hard enough for the greatest confidence , not to have acknowledg'd so much ; for if he pleases , he can likewise tell , what pains were taken , to bring the best Men , and best Preachers from all Corners to the West ; to try how the People would be pleased with them , such as Mr. Nairn , Mr. Aird , &c. And how he himself went about as an Evangelist , shewing his gifts every where ; particularly in the Church of Fennick ; where he distributed a great many Bibles , and some money too , being earnest by all means to gain the People : And yet for all that he and all the other Evangelists were laught it ; and the People told that if they must needs have Curates , they would not change their own , for any of them . This work was fifteen or sixteen years ago ; and such was the condition of that Diocess then : And yet though the Clergy in it , had deserved the Epithets of Scandalous and Ignorant then , by what consequence can they be applicable to them now , when perhaps the third man is not there now , who was there then ? But to go on . The third thing is Negligence ; but how can that be either ? Theer 's no such thing as Non-residence , or Pluralities in use in Scotland : Every Presbyter is censurable , who is two Sundays together from his Church , without Licence from his Ordinary ; and generally we Preach twice every Lords day , through the whole Kingdom . But negligence is like Ignorance ; it will be hard to find that definition of Negligence , which will be able to justifie such a general Persecution , as I have already accounted for . The fourth is Error : But how shall that be tryed ? But I think , I can easily give you satisfaction , Sir , as to that matter ; it is by telling you , that I know not so much as one amongst us , who could not live in Communion with your Church of England , and subscribe her thirty nine Articles . 'T is true indeed , there be many , who are no ways inclined to be every day talking to their People of God's Decrees , and Absolute Reprobation , and Justification by Faith alone in the Presbyterian sense , and such like Doctrins ; they think their Hearers may be much more edifyed by Sermons , that explain the true Nature of Evangelical Faith , the Necessity of Repentance , and the Indispensibility of a Gospel-Obedience , &c. And what error is there here ? But the last thing is that we have been great Persecutors ; grant it to be true , sure I am , by this time we are payed home pretty well in our own Coin ; and God of his infinite Mercy grant unto us all , that we may exercise a true Christian patience , under our present Sufferings : And that they may work a better temper in us , than it seems their pretended Persecutions have wrought in our Adversaries . Sure I am , 't is no where written in the Gospel , that suffering for Christ may laudably end in Malice and Revenge , and the horridest Barbarities . But how can it be proven , that we were such Persecutors ? Dare any man say , that the severities against the Presbyterians , since the Restitution of Episcopacy , have been near so great , as the severities against the Episcopal Party were , during the Reign of Presbytery ? Dare any man say , that the Presbyterians have suffered any thing for Conscience sake , these twenty seven years by-past ? Remember what I told you , not far from the beginning of this Letter . 'T is true indeed , the State found there were a number of People of such seditious and ungovernable tempers , that they could not be well kept from breaking out daily into open Rebellions : Therefore they made Laws for keeping them low , and curbing them ; and who can blame this ? 'T is also true , some of these Laws obliged the Clergy to give an account of those of that temper , who lived or haunted in their Parishes : And could they top with the Government and disobey Law , when the Obedience required , was so reasonable ? Besides , believe it Sir , the Clergy did as little that way , as was possible for them ; and I can make it good , when ever I am put to it : That where one was pursued upon their Informations , twenty were befriended by their Intercessions : A signal instance whereof I learn'd not long ago ; it was in September last , when the Deprivations for Non-compliance were very frequent . Amongst the rest one Mr. Chisholm Minister at Lilsly , was cited at the instance of one Sir Iohn Riddel of the Minister had given no Obedience , and so was very soon discuss'd : And when Sir Iohn and he were just a coming from the Bar ; where he had stood his Accuser , and heard his Sentence ; he told him , before a good many Witnesses , that he confess'd he held his Life and Fortune of him ; and protested he would never have treated him so as he had done , if it had not been matter of Conscience to him . What do ye think of a Presbyterian Conscience ? I could give you an hundred more such instances , for indeed it has been observed generally all alongst , that those have been the greatest Enemies to the Clergy , to whom they had done the best Offices . But it would require a great deal of work , to make you understand this head of Persecution fully , and therefore I 'll break it off : And tell you only briefly that If ever you come to understand the state of our Affairs distinctly , you will find , our Ignorance lies mainly in our being unacquainted with the Principles of Sedition , and the Ius Divinum of Presbytery ; our Scandal , in our being so generally look'd upon as nothing fond of change and Revolution : Our Negligence , in parting with our Benefices rather than our Consciences ; our Erroneousness , in adhering so stubbornly to the Principles laid down in Scripture , and maintain'd by the Primitive Christians ; and our itch for Persecuting Dissenters to lye chiefly in our inclinations , to live and behave as becomes good Subjects ; or , if ye would have it shorter , we are ignorant , scandalous , negligent , erroneous , insufficient , Persecutors ; and whatever men please to call us , because we are not Presbyterians . That 's truly the matter ; and therefore we are now made to suffer so severely , not only by being so treated in our Persons and Privileges , as I have briefly accounted ; but also by being so robb'd of our Reputations , and loaded with Reproaches : And all this too , under pretence to secure the Protestant Religion , and make these Kingdoms happy . I dare not tell you , how much I am tempted , when I reflect on all together , to ask you some unfashionable Questions , such as these : Is that to secure the Protestant Religion , when men must either suffer , or part with the most distinguishing Characters , and most undoubted Principles of the Protestant Religion ? Is the rendering so many Protestant Ministers , useless and miserable ; because they will not play Iesuitish tricks , the way to secure Protestant Religion ? Is there no other way to secure the Protestant Religion ; but to transaccident it ( pardon the word , 't is as good as Transubstantiate ) into a pretence for justifying all the injuries can be done to our Spiritual Fathers ? Is there no other way to make a Kingdom happy , but by making downright havock of the Clergy in it ? Cannot a Kingdom be happy unless God's Portion be either turn'd out of their Functions in it , or run the hazard of being turn'd out of his favour , and excluded his Eternal Kingdom ? These and twenty more such Questions , I say , I am strongly tempted to ask you , but I forbear : Only before I conclude , As I said before , I will not recriminate with our Presbyterian Brethren , I will not go to tell them back again , that they are ignorant or scandalous , &c. I will not treat them so uncivilly as to throw back their dung in their own faces : I am not fond of such Retaliations . But this I will say , if they plant the Church of Scotland , so well as it was planted , when the Prince of Orange came to England , so long as he lives ; if , for all their pretensions to the Spirit , the Gospel be Preached so purely , so rationally , and so disinterestedly under their Government , as it has been by the Episcopal Clergy these many years by-gone ; if ever the State have Peace , or the Church come to a settlement ; if ever our King sit securely on his Throne , or Caesar have the things that are Caesars : If ever the Church of England ( as little as she has been concerned hitherto in her Sisters afflictions ) want a horn in her side , or be secur'd against attempts for her ruin ; and if ever there be Peace , or Order , or desirable Concord ; if ever Animosities , Divisions , Contentions , and such other Plagues of Humane Society , and Christian Unity be wanting at home , so long as their Dagon stands in the Temple ; Experience has deceiv'd me , and I have mistaken my Measures . Thus , Sir , you have a brief prospect of the present State of the Scottish Clergy , fuller by much than at first I intended , perhaps then you are pleased with , and ye may think it tedious : But I acknowledge I have that weakness ; I have not the faculty of dispatching things so smoothly , and so shortly , as possibly your palate would require : But my Apology is ready ; I have omitted an hundred things , proper to have been inserted ; if I am tedious , it is in telling truth , and if the length of this weary you , you shall not be so troubled again : For these Reasons expecting your Pardon , I am &c. The Third LETTER . SIR , I Told you in the Conclusion of my last , that I had omitted many things , proper to have been inserted : I could easily justifie it , by giving you another every whit as long and full of matter of Fact as it was . Particularly I could give you a great many more instances of Ministers , who received hard Measure from the Council : such as Pitcairn of Logie , who was Deprived , though these eight or ten years by-gone , he has been intirely disabled for the Pulpit , through old age and infirmity , and has been obliged to maintain an Assistant . Ionkine at Abernethy , upon his not appearing , the very minute he was first called , though he kept the day precisely , to which he was Cited , and was present about twelve of the Clock , and had the Forth to cross that morning : and the Council at that time used to sit as well after , as before Noon , for Depriving Ministers . Falioner , a Minister in Murray , notwithstanding he pleaded for himself , that the Lord Dundee was his Hearer that day on which the Proclamation was ordered to be Read ; that it was easie to conjecture what might have been his hazard , had he Read it in his hearing : that after that he had Prayed publickly for King William and Queen Mary . That if the Council should yet enjoyn him , he would Read the Proclamation ; and that for his part , he believed Presbytery was as agreeable to the Word of God , and as subservient to the ends of Christianity , as Episcopacy , and therefore was as willing to keep his Ministry under the one , as the other : but there was Original sin in him ; he was a Bishops Son , and so no Mercy for him . But Moncrief , Minister at Herriot , his Case is prettiest of all , he has done all Duty , and made all Complyances , yet his Church is disposed of , and a Presbyterian Preacher , actually and formally admitted to it . Twenty other instances might easily be Collected . I could likewise tell you what severities have been used in turning Ministers out of their Dwellings , this Winter , after their Deprivaon : as in the Case of Mr. Galbraith , Minister at Iedburgh , a very Reverend and worthy Person . All the Gentlemen within the Parish Addressed to the Council in his behalf ; protested they were sorry that he was Deprived : supplicated that he might be permitted to live this Winter in the Manse , i. e. Parsonage-House , for no body was making pretensions to it ; no Presbyterian Preacher was settled there ; and it was a Thatcht House , it would be endamaged , if it were not inhabited , if Fire were not kept in it , &c. But for all that , the good Parson was forced to remove by the Councils Order . The same was also the Case of Mr. Millar , Minister at Mussleburgh , and very many others . Nay ( I know not if they have got their secret instructions renewed for it ) the Rabbling work is revived in the West lately , and now they will not suffer the poor afflicted Ministers , ( who were thrust out a year ago ) to stay so much as in that Country ; though they have no mony to Transport their Families with , being refused payment of their by-gone Stipends . So it has fared within these few days with Mr. Hamilton , Minister at Kirkoswald , and Irwine at Kilbride , and I am told there is a Design to banish from that Town all who live in Dumfries , and those in Glasgow dread the same likewise . I cannot forbear neither , to tell you , what has happened lately at Edinburgh : there are five or six of the Episcopal Clergy in that City , who have given all Obedience ; so they still possess their Churches . Each of these Churches has its own Utensils , Basons , Lavers , Chargers , Chalices , Communion-Table-Cloaths , &c. All Dedicated long ago by private Persons , who lived in the respective Parishes . A Church-Treasurer is Chosen yearly by the Church Sessions , to whom these Utensils are Concredited , and to these Sessions he is accountable for them at the years end . This has been one immemorial Custom in that City ; yet the present Magistrates ( all Rank Presbyterians ) would needs have these Utensils delivered up to them ; particularly , they required them of him who this year bears the Office of Church-Tresurer , or , which is all one , who is the Elder or Church-Warden , to whom the Utensils of that Church for this year are entrusted , for that which is commonly called the Tolbooth Church : he refused to surrender them ( and why should he have done it ? They were not so much as Dedicated by the Publick , and they were that Churches Property . No Magistrates had ever demanded the like before , and the present Magistrates are no more concerned in them , than in any private Citizens Furniture ; ) For this he was thrust into Prison ; but he made Application to the Lords of Session , who found the thing so infinitely illegal , that they forthwith ordered his Liberation , and discharged such Proceedings for the future . Perhaps you may think this is but a trifle , but there is more in it than you are aware of : For , besides that Sir Iohn Hall , present Provost of Edinburgh , is a Privy Counsellor , and consequently is not to be supposed to have attempted such a thing without first consulting Crawford , and some others who sit at that Table ; there is this at the bottom of it : In each of these Parishes there is a Presbyterian Meeting-House , and the Preachers ( though they stand on no other Found , but King Iames his Toleration ) hold themselves for the rightful Pastors of these Parishes , and so pretend that the use of these Utensils belongs to them , and they ought to have them in their Custody : this was that which put the Magistrates upon the foresaid Course . Innumerable such things as these I could easily Collect , and weary your patience with them , but methinks by this time , you have got Taste enough of the Episcopal Parties Troubles on the one hand , and the Prebyterian Parties Temper on the other , to make you understand both competently ; and that was all I intended . Only there are two things perhaps , which you may be desirous to have some further satisfaction about ; and I will try if I can give it . The first is , That possibly ye may apprehend , I did not in my last sufficiently take off these Aspersions which are thrown upon the Episcopal Clergy by the Phanatick News Mongers , in their Malicious Papers , and Pamphlets , which they are Printing and Dispersing so confidently every day at London . To tell the truth , Sir , We only hear of these Papers ; at least for my part I have seen none of them ; they come not ordinarily to Scotland , and I believe their Authors are no ways inclined they should , ( it requires a great deal of Forehead to tell lies where they can be easily discovered ) and not coming to our hands , how can we detect or expose their falsities ? I am sure , I said enough in the general to fortifie you , or any sober Man , against them ; especially as to all these Ministers Deprived by the Council ; for , ( as I said there ) the Council never took notice of any thing but Reading and Praying . But what though Malicious Men tell false stories with a great deal of Confidence ? Are you such a Stranger to the World , as not to know that Lying has ever been one of the chief Artifices by which that Party have carried on their purposes ; It is no new Politick of theirs . I could tell you some of the oddest Stories that ever you heard since you was born , concerning their dexterity in that Art , in the late Times : but I will trouble you only with one at present ; indeed the whole World should know it , it has such peculiarities in it . You know how Anno 1638. at the Assembly of Glasgow , they not only pretended to Depose the Bishops , but even to Excommunicate many of them : amongst the rest , that most Reverend and Worthy Prelate , Spotswood , Arch-Bishop of St. Andrews . The Sentence of Deposition and Excommunication passed against him , was ordered to be Read Publickly after the Forenoons Sermon , in all the Churches within his Diocess ; and , in it , a great many horrid immoralities , ( such as Incest and Adultery , &c. ) were amassed . Amongst many others , it was Read particularly in the Church of Kilrinny in Fife , by Mr. Coline Adam , then Minister there ; Beaton of Balfour was in the Church at the time , he was not a little amazed , at hearing such strange things charged upon the Arch-Bishop . He had lived many a year in his Neighbourhood . He had been frequently in Company with him ; but had never discovered such Crimes about him , so that he was exceedingly surprized : but that was the least on 't . In the progress of the Sentence he heard himself named as one of four Witnesses , who had been examined upon Oath , and by their Testimonies had proven these things against him : this astonished him quite , for it was not only notorious to all the Neighbourhood , that during the whole time that famous Assembly sate , he was not at Glasgow , but still at home ; but no body knew it better than Mr. Adam himself , for he had not only been his constant Auditor every Sunday , but he had seen him ( or might have done it ) every day ; there being but a very short distance ( perhaps not two hundred Paces ) betwixt their Dwellings . In effect it put the Gentleman in such disorder , that he had well nigh stopped the Ministers Reading any further , if his Father , who was by him , had not hindered him , telling him he would Ruin himself . However , after they came out , he Challenged the Minister , who easily confest he knew it was a Lie , but pretended he behoved to Read it , in Obedience to Authority . And what might he not have done after that ? Tell me Sir , was not this a well assured wickedness ? This passage I have from persons of great integrity , yet alive , who told me , they had it twenty times from Beaton's own Mouth ; and it is but one of a thousand , as good , if I could be at the pains to Collect them . Piae fraudes ( talk we what we please ) have done good Service , and been excellent Christian Tools in their time , for carrying on the Good Old Cause . But it was not scarcity that made me go so far back for Proofs of Presbyterian Honesty : these twelve or fourteen months by-gone afford variety enough in all Conscience . Thus to instance but in two or three things . What Effrontery was used last year at London , for running down all the Accounts , were sent up , concerning the Persecution of the Western Clergy , as I told you before ? Such ingrain'd impudence ( had it not been seen and felt ) I had believed , could neither have come from Hell nor It , the two grand Staple-Ports for that Commodity . What Relations of Oaths , what confident Assertions , what Printed Papers had we for King Iames his being Dead at Brest in March last ? I remember the present Earl of Argile , one day disturbed a whole Meeting-House , with a forged Letter about it . With what shamelessness did the News go up first , and then come down again from London in September last , and pass current here : That the Streets of Edinburgh were thronged with the Heads or Chieftains of Clanns , coming in dayly to take the benefit of King William's Indemnity , that was published after Dundee's death ? Though all the Kingdom knows , not so much as one has come in to this very day ? And what strange Tales have been told of the wonderful Feats of Iniskilling Men ? I remember some Gentlemen about two Months ago , went in one Afternoon to a Presbyterian Coffee-House , called for the News Book , cast up the account of the Irish killed by them , and after computation , found the number amounted to above 48000. These are but their ordinary tricks , and with us they have now ceased to be Scandalous ; for by Custom we are come to reckon it no more strange to find that Party Lie , than to see Danes Drink , or Englishmen eat Pork or Pork-Pudding : so that indeed Sir , I pity you heartily , if your Charity towards the Episcopal Clergy in this Kingdom can be in the least shaken by the boldness of these miserable Scriblers . I will only add one thing more upon this Head , and that is , that whatever may be Published that way , must needs be false upon this account , that ( as very many have observed ) since ever the Deprivation-Work began ; all the favour shown , has been to those who least deserved it ; and if there was any less Knowing , less Circumspect in their Lives , or any ways less Qualified for continuing in the Ministery , they are the Men , who have hitherto escaped Deprivation . The Politick is no more Damnable than Understood ; for as the shewing some Favour to such , with less discerning Persons , may chance to pass for an Argument of the Councils Moderation : so under this Cover they have the opportunity of doing a great deal of Mischief ; they Ruin more securely , and with less observation , those of unquestionable Lives , and Abilities , and disable them for being Remora's hereafter , either to the Settling or Securing Presbytery , which they are affraid they might have been , after the present Ferment is over , had they continued in their Stations ; and hereby they hope to Ruin their Reputations too , with people who think little , and Strangers , who cannot know all the intrigues of their business ; for such may readily conclude they have deserved worse , seeing these are Deprived , while others are preserved : and then , besides all this , to these least deserving , the seeming Favour , of sparing them at present , is shewn , upon this Design , in all likelyhood , that afterwards they may be Ruined and Disgraced with the greater contempt and ignominy ; for , being the weaker Men of the Episcopal side , they foresee , they will not only not be able to make a suitable Resistance to the Zealous Gang , when it shall be in Circumstances to dispute it with them ; but also it will be easie for the Ecclesiastical Visitations to Depose them : and not only so , but their Fall when it comes , may be readily improven into an heavy Reflection , on all of Episcopal Principles : and Phanaticks will have in readiness to say , that the whole Party was still such , and by these , it may be judged what all the rest either were or are . This is truely the Politick , Sir : but by this time I think I have insisted too much on this purpose . The other thing perhaps is more Material ; for when you have considered all I said in my last , perhaps ye may think it strange , that you have found nothing concerning the inclinations of the generality of the People : and such a general Persecution of the Episcopal Clergy on the one hand , and so deep a silence concerning the Resentments of the People on the other , may perchance seem to you a Demonstration of the Truth of that Article in our new Claim of Right ( for we may thank our Stars , we have once gotten an Original Contract betwixt King and People ) which affirms , That Prelacy , and the Superiority of any Office in the Church above Presbyters , is , and hath been a great and insupportable Grievance , and Trouble to this Nation , and contrary to the inclinations of the generality of the People , &c. But the Truth is Sir , as from the beginning I was unwilling to fall foul upon the State ; so I thought that did not come so naturally in my way ; for my design was only to acquaint you with the treatment of the Clergy ; and not to Canvass every Assertion , that has been boldly obtruded on the World by their Persecutors . But seeing that Article makes such a noise , and I hear some of your English Pamphleteers are taking notice of it , and talking Confidently that it is True. I am content to trouble you with a dozen of Lines , or so , about it : And in the first place ; Perhaps it might be sufficient to say no more ; but , What then ? What tho the generality of the People were so enclined ? Will it follow , therefore , Episcopacy ought be abolished in Scotland ? If I mistake not , I have heard as good Arguments answered with a Non sequitur . But if I am mistaken , and the Argument is good , then all you Gentlemen , the Divines of England , are most miserably affronted ; affronted , I say , by the Scotch Meeting of Estates , tho there was not so much as one Divine amongst them , when they voted their Claim of Right : You have been wretchedly out all this while , in your Disputes with the Papists , tho you made a great noise with them ( and they were too weak for you ) these four or five Years by gone . You have never hit upon the true Rule of Faith and Manners ( shall I call it ) or the Judg , the infallible Judg of Controversies ; that Honor was reserved for the Scotch Laicks , they are the Men who have been the true Students of the Disciplina Arcani , and have fallen upon the Knack ; The inclinations of the generality of the People ( tho God knows what a Rule it would have made in our Saviours time ) are the thing ; they are Rule or Judg , or whatever you please to call them ; and what more would ye have ? Lord what a Field has a Man here , if he pleased to be wanton ! But I must cut short , and therefore let me return to be serious : Why then , to tell you in a word , Sir , if I may say it without giving the Lye to the Convention . There 's not a falser Proposition in the World , than , that the Inclinations of the generality of the People of Scotland are against Episcopacy ; or that they look upon it as a great and insupportable Grievance and Trouble to the Nation : And let us have a Poll for it when they will , and you shall quickly see the Demonstration : If this does not satisfie you , I have more yet to say . I can affirm , with a well grounded assurance , that , if by the People you mean the Commonalty , the rude , illiterate Vulgus , the third Man through the whole Kingdom is not Presbyterian ; and if by the People , you mean those who are Persons of better Quality and Education ( whose sense in my opinion , ought in all reason , to go for the sense of the Nation ) I dare boldly aver , not the 13th . For notwithstanding all the Clamors that are made on that Head , 't is well known to all the Kingdom , that Fanaticism has all alongst had little footing in that far wider half of the Kingdom , which lies on the North of the Tay. And tho the Party has been infinitely earnest and active to encrease and multiply their Numbers every where ; yet in all that Country , they could never get above three or four Meeting-Houses erected , and these too , very little frequented or encouraged . Nay , even on this side the Tay ( except in the five associated Shires in the West ) the third Man was never engaged in the Schism . For convincing you of this , I 'll ask no other Postulate , than what I suppose you and all considering Men will readily grant , and that is , that Phanaticism is more apt to spread and prevail in Towns than in the Country ; so that by them we may best judg of the Numbers of the Party . It would make an intolerable Work to go through all ; let me only instance in some of them , where the Experiment has been remarkably made , not many Months ago ; and by these ye may judg of the rest . At Perth ( or S. Iohnstown ) where now a Presbyterian Minister is most illegally possessed of the Church , the tenth man does not go to hear him , and particularly , not one of the Magistrates , tho they were elected by Poll. At Cowpar in Fife , the Presbyterian Preacher ( now possessed of the Church ) sometimes has not forty of fifty people in his Congregation . The great Body waits all upon the Regular Clergy , who have there got a Meeting-house . 'T is much the same at S. Andrews . At Sterling and Burnt-Island , the Magistrates were likewise chosen by the Poll , but all Malignants , as they call them . At Sterling ( as I am told ) the Prebyterian Votes were not one to six . At Burnt-Island they were but one to three . 'T is true indeed , the Privy Council has turn'd out these Magistrates in both Towns , and put Presbyterians in their stead . Some admire how arbitrarily it was done : but I am only concerned for the Inclinations of the generality of the people . At Mussleburg more than eighteen of twenty parts have once and again ( since their Pastor was deprived ) supplicated the Council , that during the Vacancy , they might have Regular Clergy-Men to officiate amongst them . I could instance also , in Dumfermling , Dysert , Weems , Leith , Iedburgh , Kelso , and many other places . Nay , Even in Edinburgh , the Churches where the Episcopal Clergy ( who have complyed ) preach , are more thronged , and better frequented , than the Churches usurped by the Presbyterians : not to mention , that every Sunday there are five of six several Meetings of Men , who are not very well pleased with either Presbyterians , or complying Episcopalians . Shall I tell you further yet , what I am credibly told , concerning even Glasgow it self ? I am told , Sir , that even in that City , which has been so famous for phanatick Zeal , and wherein on Christmass last , for a demonstration of it , the Rabble ( with the present Earl of Argyle on their Head ) burnt , with the Pope , our two Archbishops in effigie ; I am told , I say , that even in that City , the greater number of Citizens of the best quality are of Episcopal Principles . Indeed , Sir , whatever number of Friends they might have had a year or two ago , I am confident this day it is diminished by a third : For besides that peoples eyes are now beginning to open , and see the inconsistency of their principles and practices , with the common rules of Nature , as well as Christianity , they are beginning to have enough of their cant , and to be weary of their Sermons . And here I cannot forbear to relate to you a passage , which I had lately from a very ingenious Gentleman ; he had had a conversation with another Gentleman of good Quality , and good Abilities , but who had been engaged by his interest to go to the Presbyterian Assemblies ; in their conversation they came to talk concerning the Presbyterian Preachers , and that Gentleman told my Author , he had now heard them for two months , or so ; but he had observed , that he had never so much as heard one Criticism at the Explication of a Text , never one Citation out of Father , Poet , or Philosopher , never one passage either of Civil or Church History . What ? ( replyed my Author ) it seems then ye get nothing but pure Scripture , clean Gospel , but tell me , do ye get any great abundance of good sense ? To tell the truth ( he answered ) even as little of that too as any man could wish . * But what needs more ? They themselves are beginning now to be sensible , that they are by far the smaller party : and if I pleased , I could name a certain person , a Statesman , who had a great hand in the late Revolution , and has yet in the present Government , who confessed lately to another certain person , that now he was persuaded ( tho he never believed it before ) that the Episcopal was not only by far the greater , but even the better part of the Nation . But after all this ; Perhaps you may start the Difficulty ; How came it then to pass , that that Article was put in the Claim of Right , and the Presbyterian Party prevailed so far in the Convention and Parliament ? I could easily give you abundant satisfaction as to that too ; but it would require a fuller Deduction than I am willing to fall upon at present ; only in a word , when the Members for the Convention were a chusing , the Kingdom generally was in a perfect confusion ; vast numbers of people there were whose Opinions would not allow them to give any countenance to the then Transactions , they having many scruples in their Heads concerning the Lawfulness of that whole procedure . On the other hand , the Presbyterians ( fond of the opportunity of getting a King deposed , and their Diana set up ) were infinitely diligent . So , many Elections were very far from being what they would have been , had the Loyal and Episcopal Party bestirred themselves as they might : neither yet would that have done the business , in all probability ; for even as Elections passed , when the Members first convened at Edinburgh , had any Interest espoused by them been subjected to a Vote , Affairs had gone far otherwise than they did . But the Presbyterian Party foreseeing that , industriously projected delays , and protracted time ; and in the interim were infinitely vigilant to biass the Members ; so that before either the Forfeiture of the King , or that Article of the Claim of Right , I am now concerned in , were voted , many of the Nobility , all the Bishops , and a great number of Barons and Burgesses had deserted the House ; and not a few of those who stayed , had ( what through fear , and weakness , and the like infirmities ) changed their Principles , which their Electors supposed were in them , and they brought to Edinburgh with them . This is the true way that matters went : I could easily give you an account of the Topicks were made use of , for inveigling these Members who were imposed upon : It was impossible the Protestant Religion could be otherwise secured ; England was a wise Nation , they had set the Crown on King William's Head already ; if Scotland should dissent , it would ruin the Nation ; the English were satisfied Presbytery should be established here ; and King William was earnest for it , ( which , to tell you by the by , I never or very hardly could perswade my self to believe ) and a great many more to the same purpose . These and twenty things more I could deduce more largely , if it were needful ; but my Paper is now very near spent , and so you must content your self with what you have got at present . Thus , Sir , in two long Letters I have endeavoured , in part , to satisfie you concerning the present Estate of the Scottish Clergy . If my Account is lame , it is no wonder , for I am none of the most observing men in the world ; and I was obliged for very good Reasons to forbear consulting others , and use only such Materials as my own observation could afford me . But this I can say over again , tho you have not all , yet you have nothing but Truth ; and tho it be not well digested , it is as well as I could , considering my Conveniences . And so I bid you heartily farewel : being , &c. POSTSCRIPT . I was once minded to have told you fully too , what bitter Reflections our Presbyterians are daily casting upon your Church of England ; how they condemn her Clergy for deserting the Principles of Passive-Obedience and Non-resistance , they were wont to glory so much in ; how it is their common talk , that King William loves Episcopacy as ill in England , as in Scotland , and would be content to have it away ( they believe , to make way for the Dutch Model ) if he could get it done ; and twenty other such Stories . But I believe , 't is only their hatred to your Constitution , makes them talk so . Yet this is certain , we have here Reprinted a Pamphlet , called the Ceremony-monger , and ( as I am informed ) at the command of some great person . I am afraid , that possibly , I may have been injurious to the Privy Council , in giving a partial account of their Act passed on Christmass Eve last , For I find many people are of the opinion , that it is not to be limited to the year 89 , but may comprehend former years also , for which Reason , and because in its Narrative , it brings some further light ( tho it needed no more ) to what I had asserted concerning their being refused the protection of the Government , who were turned out of their Churches by the Rabble , before the thirteenth of April , I have subjoined the Act here word by word , as it stands in the Register . And 't is thus : At Edingburgh , Decem. 24 , 2689. The Lords of his Majesties Privy Council considering , that by the Act of the Meeting of the Estates of the Date the thirteenth of April last , there is a difference made betwixt the Ministers then in possession and exercise of their Ministery at their respective Churches , and those who were not so ; and that the Case of the Ministers who were not in the actual exercise of their Ministerial Function the thirteenth day of April last by-past , lies yet under the consideration of the Parliament ; and lest in the mean time they may call and pursue for the stipend alledged due to them , or put in execution the Decreets and Sentences already obtained at their instance , for the same , before the Estates of Parliament can meet , and give their Determination as to that point . Therefore the said Lords of Privy Council , finding that the Case foresaid , depending before the Parliament , is not obvious to be cognosced , and decided upon by the inferior Iudges , but that the samine should be left intire to the Decision of the Parliament , have thought fit to signifie to all inferior Courts and Ministers of the Law , that the Matter above mentioned is depending before the Parliament : To the effect they may regulate and govern themselves in the Iudging of all Processes to be intended before them , upon the said Matter , or in executing Sentences already pronounced thereupon as they will be answerable . Sic subscribitur , Crafurd J. P. D. S. lon . I have just now ( after my Sheet was ended ) learned a Passage , which is put for the confirmation of that which has a Cross at it , and on the Margin refers to the Postscript . It is that a Presbyterian Minister in Edinburgh confessed ( with regrate ) to a Gentleman , this same very Week , that within this half year by-gone their Party has lost a great many thousands ; 't is true , he called them 40 , but I must beg his pardon : for I doubt if they could ever reckon , by so great numbers , in the whole Kingdom ( I still except the five Western Shires , where yet there 's as little Religion , as in any part of Christendom . ) He said further , That tho Patronages were a great Corruption , and the Church would never be well constitute , till they were abolished , and popular Elections advanced in their stead ; yet they are not inclined , that that matter should be determined the ensuing Session of Parliament , because they find as the present Inclinations of the generality of the People go ; were the settling of Ministers referred to popular Elections , they would chuse all either Cameronians , or of Prelatical Principles : I suppose his Meaning was , in the often mentioned five Western Shires , Cameronians would be chosen , and Episcopal Clergy-men through the rest of the Kingdom generally . By this ye may judge , whether I had reason to say , that their Party is very much diminished , and themselves are very sensible of it . The Fourth LETTER . Edinb . Ian. 11. 1690. SIR , I Wish you a good New Year : When I parted with you lately at London , I found your Tenderness and Compassion enclin'd you to lament the sad condition of our Church , and I remember you ordered me then to let you know whether the Truth of things would justifie the Reports that went current there , of the Sufferings of the Clergy ; I found that the half was not told you then of what is commonly known in this place . No History can parallel the tragical Disasters the Clergy have met with since the beginning of this Revolution ; it is very surprising , the present Governours should make it their business to sacrifice the Episcopal Clergy ( by Law established ) to the Fury and blind Rage of an opposite Faction ; Strangers will wonder at it , and it is not easily accountable what can be the Politic to imbitter so considerable a Body . It is shameful for the Judges to be so partial , as plainly and openly to avow , they do not intend their Obedience , but their Ruin. To give you a particular account of the Disgraces and Affronts put upon the Clergy since the beginning of 1689. would fill a Volume : How they have been driven in the midst of Winter , with their Wives and tender Children , from their Houses and Residence : Nor is this to be imputed so much to the barbarous Executioners , as to the bloody and enthusiastick Company that inspir'd them . There is no safety for some Men , but in the universal Shipwreck of Church and State ; the shaking of the Nation was so terrible , that all the Scum got uppermost , our State and our Church were at once levelled with the Earth , and the Protestant Religion lost its former signification ( when we understood by it unmix'd Christianity free from Superstition and Enthusiasm ) and now it is no more than every mans fantastic humor , new Models of Government , and a liberty to pull down the things that are most ancient and most sacred . Will not the Protestants in England wonder , that some of our Ministers have been deprived for not reading a Proclamation for a Fast , the Narrative whereof implyed no less , than that the Episcopal Clergy were destitute of the assistance of God's Spirit in the exercise of their Ministry : You may see the Paper when you please , and I believe a coarser you never saw in print . Not to mention here , that the Art of all Mankind could not make Sense of a certain Paragraph in it . And is it not as odd , that when they were sifted before the Council , they were not so much as once asked , why they did not read that extraordinary Paper , concerning the late King ; nor whether they will comply with the present Government for the time to come . I know , if this Paper be seen abroad , their Impudence will contradict it , but a matter of Fact so publickly known , defies Calumny it self . I have spoke with many of the Clergy here , and with a great many of the Laity ; and I never heard of any thing more bitter and persecuting . How unworthily the Ministers of Edinburgh particularly have been treated in this Affair , the World may judg by this one instance . The said Paper pass'd in the Convention of the Estates upon Friday , it comes from the Press late at Saturday , and the Ministers within the City upon half an hours advertisement on Sunday Morning were enjoyned to read it , under pain of Deprivation . I remember you once blamed the Clergy for not Addressing the present Court for Protection : They made their Application from the beginning , but to no purpose , tho they were furnish'd with all necessary Evidence of their bad Usage . You know that Presbytery is to be established here by the next Session of Parliament ; and you know that the Roman Inquisition is not half so rigid as that will be when they are once in the Saddle : To what purpose then should they beat the Air , when their Ruin is thought by many to be a part of the Bargain . There is nothing so inconsistent with Presbytery , as Toleration of any that differ from them in the least Iota : It is true , they are against the Apostolick Doctrin of Non-Resistance , but they will not be resisted themselves . And since the Episcopal Clergy here know they are given up as a Prey to their Enemies Teeth , they had rather sit silent under their Malleur , than struggle with the Stream when it is so violent and impetuous . The present Faction endeavour by all Art and Industry , to perswade King William , that the Flower and Multitude of the Nation is for Presbytery : It were an easie thing for him to put this to the tryal . Let the West-Country People , who are so brave and generous in tearing Ministers Gowns , reduce the Highlanders now in Arms for King Iames , and then let it be granted , that they are the Men they pretend to be : And unless they are able to do this , we must judge of them as a clamorous and inconsiderable Faction , whose Nature it is , to cross and resist every Creature that 's but called a King. And it is very wonderful , that all the Civil Magistrates in Christendom do not banish that Supremacy of the Kirk from off the Earth , being equally subversive of all Republicks , as it is indeed inconsistent with Monarchy . The Protestants in the beginning of the Reformation , thought they did Christendom good Service , when they discovered and exposed the Tyranny of the Popish Supremacy over Christian Magistrates ; but the very same Doctrin of Rome is here hugg'd , as the great Palladium of the Protestant Religion . And to be short , let them swear Allegiance to all the Kings in Christendom , it must be in subordination to this great Article , that all Persons and Councils must strike Sail to omnipotent Presbytery ; they are taught by their hopes of Heaven , to resist the King , when he either counteracts or contradicts the Decisions of the General Assembly , which general Assembly may and ought to meet when and where they please , without or against the King's express Will : These are not imaginary Consequences fasten'd on them and their Doctrin by Art and ill Nature ; but the plain History of what they have done here , and by their Principles are obliged still to do . A Liberty to tyrannize over all not of their stamp is the Idol they adore ; the Kirk Supremacy is by so much the more mischievous , by how much it is more inquisitive , precipitate , and confused than the pretended Authority of the Bishop of Rome ; but I have digressed too far . If the Disasters under which the Clergy groan , were confined to what they have suffer'd in their own Nation , it may be they would endure it with greater patience . But when the Faction have hired some scurrilous Scriblers to defame them abroad by weekly Libels , it cannot but excite Indignation and Pity . There appear'd a Pamphlet lately called Plain Dealing ; if the Author had been considerable for any thing , he might be sufficiently exposed for his Lyes ; but being but newly put upon writing of Books , he must be excused , if he cannot otherwise support the Faction , but by Calumny ; when he is more expert , he will defend them with plausible and artificial Stories . It is not worth your while to go thorough the several Inconsistences and whining Impertinences that are in that Pamphlet . It is enough to glance at one , by which you may guess at the man's Impudence , viz. That in the Parliament 1685. all the Bishops , except Three , were for repealing the Penal Laws against the Papists , when it is known to the whole Nation , that all of them almost were determined to Vote against the repealing of those Laws , if ever that Affair was offer'd in Parliament : And such of them as might be thought to favor the design of repealing those Laws , did sincerely judg their Method in their Circumstances at that time , to be the best Fence and Shelter against Popery , and all their Concessions did not amount to Min heer Fagel's famous Letter , which contained the Sentiments of the present Court. When the Faction had ruined the Clergy at home , they were afraid they might be pityed abroad ; and to justifie their Sacriledg and Villany , they endeavour to cover them all under Libels and Invectives , and represent them to other Nations , as vitious and Illiterate . For the information of Strangers , I will consider both parts of the Accusation ; first , as to the Immoralities alledged against the Clergy , there cannot be a more atrocious and spiteful Calumny : It is not possible for them to convince credulous Strangers by an open , fair , and visible Tryal , that this is a Lye ; for they have no Fence against the Malice and Activity of their Enemies , but their Patience and their Prayers ; if their learned and compassionate Brethren in England would interpose so far with the present Court , as to have this Affair examined before any impartial Judicature ; then such as were found guilty , should be derpiv'd of the Honor of the Priesthood , and not suffered to continue Stumbling-Blocks to the People ; but let me acquaint you plainly , that there shall never be such a Judicatory erected , and that it is not the Method of their Enemies , to have things fairly and calmly enquired into : And therefore the Clergy beseeches all generous Strangers to stop their Ears against such wicked and indefatigable Calumniators . They give their Enemies open and publick defiance upon this Head ; it is enough that they are banished , rifled , and plundered in the most savage manner , tho they be not robb'd of the Compassion of Strangers . It is true , that in the Records of Council , relating to the deprived Clergy , there is a Column containing Immoralities libelled against some of them ; but it 's as true , that tho they are recorded ( to make the World believe them guilty ) yet they were never examined fairly ; the Artifice of their Enemies is mean , as it is wicked ; first , to invent Calumnies and Slanders , and then leave them unexamined , boldly to vent them amongst Strangers , when they had not the Confidence at home to give one instance of such Immoralities amongst so many Hundreds that have been deprived . How easily and how sadly might they recriminate upon this Head ; but that 's not so pleasant in it self , nor will it serve the designs of Christianity : But shortly there shall be a more full , free , and particular Answer given to those scandalous Reports , in a Treatise ready for the Press . The Persecutions of the Clergy here are beyond any parallel . I cannot forbear to give you one instance of it , Mr. Iohn Mowbray , Minister of Strachbrock , complyed with the present Government in all its steps ( a place not above Eight Miles from Edinburgh ) ; yet upon the 12th of Iuly 1689. a Company of Fanaticks who were sufficiently taught how to behave themselves , entered his House in a hostile manner , tore hi Gown , threatened his Life , beat his Daughter , and frighted his Wife to death ; when their Fury was a little over , he ventur'd once again to officiate ; but my Lord Cardross , Patron of the said Church , and one of the Privy-Council , caused lock the Church Doors , and sent his Minister a packing , tho he defies the severest Tryal for Life or Doctrin ; and all this for no other reason , but because he had Episcopal Ordination ; for my Lord's Conscience did not allow him to hear any such . As to the other Accusation of their being Ignorant , I would gladly know , who are these learned Gentlemen among the Scotch Presbyterians that found them so after Tryal ; this is a thing they dare not so much as whisper at home , except it be amongst those good Women that sell Tripes at the Cow-Gate . There could not be any thing thought on more comfortable to the Clergy here , than that there were some learned and grave English Church-Men sent hither to enquire into the Literature and Sufficiencies of both the contending Parties . But this Proposal will never be heard , it 's enough that they are once run down with Clamor , Violence , and Noise : But it is no part of their business to have things put to a fair , serious , and open Tryal , they dare not attempt it , and therefore I allow you to defie the Accusers of the Clergy upon this Head also , and to convince Strangers how improbable this Calumny must be , let them consider how much the oppressed Clergy was and is favored by the honorable and learned Society of the College of Justice , who are the best Judges in this Case . The Blasphemies and Fooleries that are heard at present from the Pulpits of Edinburgh , make up the Entertainment of most Companies , they discourse of the Mysteries of Christianity so coarsly and familiarly , as they do of the meanest and vilest things in Nature . But it is not possible that the regular Clergy can be so ignorant as their Enemies represent them : For the steps of their Tryal are various and difficult , before they are allowed to preach in publick : And when they are presented to a Church , they undergo the same Tryals over again in Theology , Languages , and Preaching . I never heard that the Presbyterian Genius was very fond of too much Learning , especially among the Scotch Cameronians , a kind of People so wedded to their own peculiar and nonsensical Whimsies , that they are now become Antipods to Mankind in their Language , Behaviour , Morals , and Intellectuals . There cannot be any thing imagined more fantastically foolish than the Education of their Preachers , when they have so much Latin as to understand a Dutch System , they are thought profound , and more learned than is necessary , and very few of them arrive at this . Lately one of them who had spent much of his time in selling Buttur and Cheese , would turn a Minister , and being asked it he understood Greek and Latin , answered No , he could read the English Bible , and that was enough . It is the saddest Oppression to be run down with Clamor , and no probability of being heard : But let the Enemies of the Clergy remember the Jewish Proverb , That he that pulleth a Stone out of the Temple , ere it be long the Dust will fly in his Eyes . The Ruin and Disgrace of so many Clergy-Men , one would think , cannot be a good Foundation for a new Government . But this is not all , when the Clergy are thrust from their Houses and Livelihoods . It seems there is a further design to starve them , as appears by a late Act of Council promoted by the Presbyterian Party , discharging all Judges within the Nation , to pass Sentence in favors of the Clergy for the by-gone Tythes yet unpaid and due to the Episcopal Ministers , until the Parliament take that Affair into their consideration . I have sent herewith a Double of that Act , make what use of it you please : I do not encline it should be printed ( tho this should ) for that would reflect too much upon the Honor of our Nation . What to with either , I cannot advise you at this distance . Farewel . FINIS . Notes, typically marginal, from the original text Notes for div A51353-e6530 * See the Postscript 
A57049	----	The representation, propositions, and protestation of divers ministers, elders and professors, for themselves, and in name of many others, well-affected ministers, elders, and people in Scotland presented by the Lord Wareston, Mr. Andrew Cant, Mr. John Livingston, Mr. Samuel Rutherford and diverse others, to the ministers and elders met at Edinburgh, July 21, 1652. This text is an enriched version of the TCP digital transcription A57049 of text R10184 in the English Short Title Catalog (Wing R1109). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 41 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A57049 Wing R1109 ESTC R10184 12827042 ocm 12827042 94267 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57049) Transcribed from: (Early English Books Online ; image set 94267) Images scanned from microfilm: (Early English books, 1641-1700 ; 776:33) The representation, propositions, and protestation of divers ministers, elders and professors, for themselves, and in name of many others, well-affected ministers, elders, and people in Scotland presented by the Lord Wareston, Mr. Andrew Cant, Mr. John Livingston, Mr. Samuel Rutherford and diverse others, to the ministers and elders met at Edinburgh, July 21, 1652. Warriston, Archibald Johnston, Lord, 1611-1663. 20 p. by Evan Tyler, Printed at Leith [Scotland] : 1652. Reproduction of original in Huntington Library. eng Church of Scotland -- Government. Scotland -- History -- 1649-1660. A57049 R10184 (Wing R1109). civilwar no The representation, propositions, and protestation of divers ministers, elders and professors, for themselves, and in name of many others we Church of Scotland. General Assembly 1652 6977 9 0 0 0 0 0 13 C The rate of 13 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-10 Apex CoVantage Keyed and coded from ProQuest page images 2001-11 TCP Staff (Michigan) Sampled and proofread 2001-11 TCP Staff (Michigan) Text and markup reviewed and edited 2001-12 pfs Batch review (QC) and XML conversion THE REPRESENTATION , PROPOSITIONS , AND PROTESTATION Of divers MINISTERS , ELDERS AND PROFESSORS , For themselves , and in name of many others well-affected Ministers , Elders , and People in SCOTLAND . PRESENTED By the Lord WARESTON , Mr. ANDREW CANT , Mr. JOHN LIVINGSTON , Mr. SAMUEL RUTHERFORD , and diverse others ; To the Ministers and Elders met at EDINBURGH July 21. 1652. Printed at Leith by Evan Tyler . 1652. Unto the Reverend the Ministers and Elders met at Edinburgh July 21. 1652. It is represented by the Ministers , Elders , and Professors under subscribing for them selves , and in the name of many others well-affected Ministers , Elders and People . It is matter of unspeakable grief and sorrow , to consider how great Indignation the Lord hath let forth against us , heaping wrath upon wrath , and making one Judgment to follow another ; as the waves of the Sea , and for the most part , the fruits thereof through the Land , have bin no other then further departing from his wayes , and dividing one from another in judgment and affection . Our breach is wide as the Sea , and who can heal it ? Spirituall Judgments especially are multiplied upon us , Temptations abound , and Divine Influences are restrained He hath poured upon us the fury of his anger , and the strength of battell , and it hath set us on fire round about , yet we knew it not , and it burneth us , yet we lay it not to heart . There is no returning to the Lord , his hand is stretched out still ; and is there not great cause to fear , lest the glory of the Lord should depart from amongst us ? It were good for us , if we could ( with Jerusalem ) remember all our desireable things which we had in the dayes of old , and compare them with the days of our misery and affiction . If we look back to that which we have already attained of the Work of Reformation ( notwithstanding our short coming in the power and practice of godlinesse ) what purity was there of worship ? What soundnesse of Doctrine ? Unity of faithfull Pastors ? order and authoritie of Assemblies ? What endeavours for promoving the power of godlinesse ? for purging of the Ministery , Judicatories and Armies ? and for employing such in places of power and trust , as were of constant integritie and good affection to the Cause , and of blamelesse conversation . And again , if we consider how in place of these , within these two years , have succeeded for unity , division , for order , confusion , for purity of worship , outward contempt ; for the power of godlinesse , Atheisme and profanenesse ; for purging of the Ministery , Judicatories and Armies , sinfull mixtures ; for zeal , lukewarmnesse and tolleration . It is too palpable , that we are far gone on in the way of declining , having lost much of that which we had attained , and that which remains being ready to die . If we look before us , it seems now there is a wide door open for conjunction with all parties , in case of straits and necessities . How subtile are the devices of Sathan , to make use of the same bad principle , for contrary ends , and may we not make use of what was said in former times , to the declining children of this Church ? How will posterity blame us that we have not resisted the beginnings of evils ? Shall not their hearts mourn , when they shall behold so fair a Fabrick , so dearly conquest , so firmly grounded , to be so pittifully ruined be their fathers ? If we look inward to our own hearts , whether we have had most of the Lords Spirit with us in the old ways , or the late ; and whether our spirits were then more with the Lord , or now ? It is easie to judge : If we look about us on every hand , what hardening is there of Adversaries of all sorts ? what offence given to the weak , who see changes of parties , and fear change of Principles and Interests , when they perceive conjunction with those against whom the Covenant was made , and deserting of these for whom it was made ; and see mens interests preferred to the Lords ; sinfull mixtures make way for sinfull separations , and the preferring of mans interest to Gods , makes our Adversaries to be exalted over us . Thus he writes our sin upon our judgment ; and because we trusted his Interests to his Adversaries , therefore he gives up our interests to the power of our Adversaries ; and Judgment hath entered by the door , which Policy had locked fastest . It was the complaint of the non-Conformists of old , that Conformitie was preferred to the duties of the first and second Table ; for if a Minister were conform , grosse faults were passed over in silence ; and if he were not conform , though an able , painfull , and gracious Pastor , and blamelesse in his conversation yet he was the object of persecution . This was held by the non-Conformists , a sure sign of defection in the Church : We wish there were nothing like this amongst us , and that insufficient and scandalous Ministers , made not a Sanctuary of the Publick Resolutions . What Acts are made against Expectants , Students , and Profedors , which are not of this judgment , we desire may be remembred ; And we have it to regrate , That too many make it their practice upon this ground , to debar such as would be usefull in the Lords Vineyard . How great influence this hath also had , and may farther have in all Elections , we need not mention . How much precious time have the publick resolutions caused to be spent in debates , and thereby many diversions from most necessary duties , &c. is matter of great stumbling , both to the weak , and to strangers which are amongst us , that grosse ignorance and scandals are not onely to be found in Professours uncensured , but also amongst Elders ; and that many Ministers are not onely carelesse to instruct the ignorant , and to endeavour , that scandals may be censured , but some are openly given to the same themselves , and not onely no course taken to censure them , but some who have been justly censured for prophaneness and malignancie , are readmitted ; and unqualified Expectants in some places , put in the Ministery . The approbation of the publick Resolutions being made a main part of qualification . We hope it will be easily acknowledged on all hands , that there hath been a great backsliding of heart from the Lord ; for the which we are filled with our own wayes ; We trust also that there be few that will deny , that the Lords quarrell against us is for his broken Covenant ; and therefore it is , that he hath threatned against us , as against Israel , not only that we shall not be a Kingdom , but that we shall not be a Nation , nor a Church , but put away by a Bill of divorce . It is high-time for us then , to search and try our wayes , and turn again to the Lord . Let us examine by what way we have departed from him , that by the same steps we may return , wherein the Land hath declined from their sworn Covenant with the Lord , and known principles , before this ruine came upon us ; and wherein they have sithence further departed , by staying upon those that smote them , and forsaking the Lord , the Covenanted God of this Nation . It was unto us no small matter of grief and trouble , that the testimonies given the last ; year against the Publick Resolutions of the Commission of the General ! Assembly 1650 and against the Meeting at S. Andrewes and Dundee , and their proceedings , was looked upon by many ( of whom we desire to judge charitably ) as not proceeding from principles of conscience , but as a Compliance with the Invaders of the Land . Blessed be the Lord our God , who knowing our Innocencie and integritie , hath made that cloud of reproach so clear to evanish , as we trust we are now freed from that calumnie , in the judgments and consciences of all judicious and charitable men . There is another advantage on your path , that you are now free from the temptations ; which reduced many to act and co●cur●e in these Resolutions for necessity was mainly pretended for what was done ; which now , these temptations being removed , can have no place for a ground , to renew and re-act the same proceedings . We may also adde , that time hath fully discovered , and clearly determined , how ●●●●ground there was on our 〈◊〉 to oppose the ●●●●itting of these men , concerning whom the contest was the last year , into places of power and trust over the Work and People of God . An Overture was made to us at our Meeting in Winter last , That we would desist from making use of any power derived from the Generall Assembly 1650. And we conce●ved we had ground to expect on the other hand , that no use should have been made of any power , by vertue of the Meeting at S. Andrews and Dundee . And that in the mean time , endeavour should have been used for agreement , which was assayed by us once , and again ; but the advantages of the time having setled on another quarter then that season wherein the Overture was made , did seem to promise to such who did not well consider principles and parties . It is now fallen out other wise , and by power from them , without any agreement you are now conveened . In the Meeting at S. Andrews , it was earnestly desi●ed , that there might have been an Adjournment , which through the Lords blessing might have prevented much of the division that hath since fallen out , and the differences that were amongst us , might have been more easily removed . The breach is now wider , and only the strong hand of the Lord can help us . If you should now again proceed to assume unto your selves the power , and constitute your selves into a Generall Assembly , we look upon it as a very great obstruction in the way of our agreement , and ( as that which for ought we can yet see ) may highten the difference : The Lord is calling to Holinesse , and to return to the Work of Reformation , and purging the Church according to the Word of God , and approven rules of this Kirk , and not to confirm the last years proceedings , which were the chief ground of our Divisions It is a thing beyond all question in reason , that all doubts and objections proponed , concerning the constitution of an Assembly , ought to proceed the constitution , and not to follow after it . When the question is determined , sad experience may teach us , from former times , what influence an Assembly hath according to its constitution , right or wrong ; for which cause , the Generall Assembly 1639. 〈◊〉 determine the keeping and authorizing corrupt Generall Assemblies , to be one of the chief causes of the many evils which had befallen this Church in time of defection . We do therefore with all tendernesse and due respect , earnestly beseech , That you will ●●●eo●sly consider , how inconvenient and unwarrantable it is for you , to constitute your selves into a Generall Assembly , and to assume the Power and Authority thereof , not only when the Authority by which you are conveened , is so much questioned , and such prelimitations are upon the elections of Commissioners ; but when you also want the concurrence of so many Presbyteries , who are not clear in their consciences to concur with you . And when you want the concurrence of Commissioners from burrows , who by reason of their present in capacity , cannot send Commissioners to sit in any Assembly . And when the far greater part of Commissions from Presbytries , and Universities are questioned and contraverted , by Dissents and Protestations in their meetings for Election ; and some by reason of usurpation of them who are no Presbyteries : So that we know not how few can be admitted unquestioned Members ; and besides we beseech you , consider how great a snare your former actings which were not to Edification , have been to some people to tempt them to the way of separation , and to the shaking of the Government of this Church , from which as we desire to be keeped free as from a course highly displeasing to God , and impedimentall to Reformation : So we desire you may not tempt them further , and lay new snares in the way of any , by your not right using of so precious an Ordinance of Christ , as are the Assemblies of this Church Upon these , and other grounds , we are constrained to make this Application to you , That without assuming any such power unto your selves , you would be pleased to appoint a Conference with us , wherein we may ( with the Lords Assista●ce . ) search out the causes of his wrath against us , and freely and friendly debate concerning our Differences , and propone Overtures , and Remedies for removing both the one and the other : In order thereunto , we offer these Propositions herewith communicated , for the Subject of our Conference ; it being our earnest desire , that an agreement being made , we may through the Lords blessing , have a free , and lawfull well constituted Generall Assembly . And now having laid these our thoughts and desires before you , we do solemnly obtest you by the Meeknesse , and Gentlesse of Christ , by his Consolations , and the comfort of his Love , and by the fellowship of the Spirit : If there be any bowels and mercies , by the affection which you bear to the Word of Truth , to the Peace and Order of this Church , to the Lords precious Ordinances , and to his people in this generation , and to the posterity , that you will take these things into your serious consideration , and hearken to our Request . Who knoweth but the Lord may have compassion on our condition , and bring the blinde by a way they know not , lead them in paths they have not known , make darknesse light before us , and crooked things straight ? Even do all these things unto us , and not forsake us . Propositions offered to the meeting of Ministers , and others , At Edinb. July the 21. 1652. WHereas we , and many of the Godly in the Land , have been really scandalized , and stumbled at the late Acts , and proceedings relating to publick resolutions , conceiving the same in the nature and intention of the Work , to have obstructed and shaken the Work of Reformation ( although we think honourably of divers Godly and learned men , who have been concurring in the same , and dare not judge their intentions to be such as we think their work hath been , and do allow charity to others ) . Therefore for satisfaction of our Consciences , and for the securing the Work of Reformation , for purging the Church , and for promoving the power of Godlinesse , and for removing of these sad differences , and for attaining and preserving a good understanding , We desire , I. That they give evidence , and assurance that they approve of , and will adhere unto , our Covenants , and the solemn Publick Confession of sins , and engagement to Duties , and all the Acts of the uncontraversed Assemblies of this Church , for advancing the work of Reformation , in the Litterall and Genuine sense and meaning thereof : And that in dispensing of the Ordinances , censuring of scandalous persons , receiving of Penitents , trying , admitting , removing , & deposing of Church officers , they walk according to the same . II. That it may be laid seriously to heart before the Lord , how after such a defection , and so sad judgements for it , the Lord may be restored to his Honour , the Land to his Favour , and the like defection prevented in time coming . III. That as we are ready in our station to follow all religious & conscionable means and overtures for securing , and guarding of the Cause and VVork of God , against Errour , Heresie , and Schisme , on the one hand : So they would hold out to us a solide Way for securing the same , against dangers from Malignancie on the other . And , we desire to know what shal be the Characters in time coming by which Malignants may be known , and judged . IV. That a reall and effectuall course be taken , according to the established Rule of this Kirk , for purging out , and holding out all such from being Church Officers as have not the positive qualifications required in the Word of God , and Acts of this Kirk ; particularly , that Ministers deposed by lawfull Assemblies , who have intruded themselves , or have been unwarnantably restored by Synods , and Presbyteries to their charges , contrary to the Form , and Order prescribed in the Acts of Assemblies , be removed , and condign censures inflicted , and that sufficient provision be made for preventing the like in time coming . V. That effectuall means be fallen upon , and followed for censuring of all Scandals , and scandalous persons , and casting out of these who shall be found grosly , and obstinately scandalous , or ignorant , after they are made inexcusable by sufficient means , and pains taken for their instructing , and reclaiming . VI . That some course more effectuall then any hath been fallen upon hitherto , may be condescended upon , for putting in execution the Acts of this Kirk , anent debarring from the Lords Table such persons , who are found not to walk sutable to the Gospel , and have not the knowledge to examine themselves , and to discern the Lords Body . VII . That in the receiving of Penitents , care may be had , that none be admitted to the publick Profession of Repentance , or reconciled to the Church , but these who are found to give such evidence of their Repentance , as is expressed in the Acts of the Assemblies , concerning the receiving of Penitents . VIII . That an effectuall course may be taken for securing of the Work and People of God , from the harme and evill consequences which bath already , and may further ensue from the late pretended Assembly , at St. Andrews , and Dundee , and the Acts thereof , and for preserving the right constitution of free Generall Assemblies for time to come . Subscribed in name of many Ministers , Elders , and Professors throughout the Land , who desire Truth and Peace , by Mr. Andrew Cant. Unto the Reverend , the Ministers and Elders met at Edinburgh July 21. 1652. The Protestation of the Ministers , Elders , and Professors under subscribing for themselves , and in name of many others well-affected Ministers , Elders and People . IT is so wel known to divers of your number , what peaceable endeavours we have used without successe , in order to the removing of the differences that are amongst us , that we shall not trouble you therewith ; nor how we were neglected in the sending timeous advertisements for your last Meeting in this place , where a desire of reconciliation was presented , but peremptorily the electing and sending of Commissioners from Presbyteries , to keep the day indicted by the pretended authority of the Meeting at Dundee , was concluded on as the only mean to heal our breach ; and not so much as some few dayes of delay could be obtained , by these few of our number which were then present , whereby they might give advertisement to others . We have laboured with some in private , and have given a Paper to all in publick , with some Propositions , wherein we have the concurrence of the generality of the Godly in the Land , earnestly entreating a conference , wherein we might have opportunity with the Lords assistance , to have laid before you the Causes of the Lords controversie against the Land , and how we might be united in the Lord ; being ready also to have heard what you should offer to us upon the same subject ; but this ye have denied unto us , and proceeded to assume the power , and constitute your selves into a Generall Assembly . It is a burden upon our spirits , and we have no delight to be contesting with , and opposing any who professe themselves to be maintainers of the Government of this Kirk ; but the truth is ( with grief of heart we desire to speak it ; for we think that it doth much provoke the Lord , and threaten his departure from the Land ) that although with the renewing of the Nationall Covenant , and with the casting out of Prelates , and the corruptions introduced by them , the Lord was graciously pleased to give repentance to not a few , who were involved in that defection ; yet since that time there hath alwayes remained a corrupt party of insufficient , scandalous , and ill-affected Ministers in this Kirk , enemies to the power of Godlinesse , and Obstructers of the Work of Reformation , and purging of the Kirk , whereof many were sworn Vassals to the Prelats ( as we are able to make good by their subscriptions to horrid oaths ) this party complied with the times , and pretended for Reformation , though they were groaning under it as a heavy yoke which they could not endure , as did appear by their carriage and expressions , upon several occasions , when any revolution offered them the opportunity of discovering their mindes , particularly in the time of James Grahams Prevailing , and of the Engagement against England ; and having of lategotten a greater advantage then at any time before , since the beginning of this Reformation , by the publick Resolutions and actings of the Commission for bringing in of the Malignant party , to places of power and trust , and bearing down of such as were opposers of these Resolutions , and had bin faithfull and straight in the Cause , and stirring up the Civill Magistrate against them , subjecting also the liberty of the Word in the mouth of Christs Ambassadors for the reproof of sin , to the immediat judiciall cognisance , restraint and censure of the Civill Magistrate , contrary to the many Acts and practices of our Predecessors grounded on the Word of God , and our Covenants , having the countenance of King , State and Army , and diverse worthy and gracious men ( of whom we shall ever esteem honourable , and love them dearly ) upon consideration of the straits and pressures of the time , concurring also with them in the Publick Resolutions , that Party perceiving , that they were not able to endure tryall in a time of Reformation and purging , began the last year to lift up their heads , and speak the language of their own , being much encouraged by the Constitution , Acts and Censures of the pretended Assembly at S. Andrews and Dundee , they have so strengthened themselves by their practices since in the Judicatories of the Kirk , as they now carry the determinations therof to their own ends . And may we not with sad hearts say , what can be expected from such of whom we have experience , how forward they are to favour wicked men , and every evill course , to persecute such as make conscience to seek the Lord in sincerity of heart , and suppresse the power of godlinesse , and to open the door of the Ministery to such as for insufficiencie , scandals , or dis-affection , have been justly deposed , and to bring in the like . In regard whereof , we wish there were not too great cause to make use of the words of the Prophet , I have seen also in the Prophets of Jerusalem , saith the Lord , a herrid thing , they strengthen the hands of evil doers , that none doth return from his wickednes : therefore thus saith the Lord of hosts concerning the Prophets , Behold , I will feed them with wormwood , and make them drink the water of gall ; for from the Prophets of Jerusalem is prophaneness gone forth into all the land . These things we speak not to reflect upon the Ordinances of Jesus Christ in this Land ; it shall be our stedfast purpose ( as the Lord shall enable us ) to maintain the Doctrine , Worship , Discipline and Government of this Kirk , and particularly the Nationall Assemblies , which we look upon as a rich priviledge , and speciall blessing from Heaven , for suppressing errour on the one hand , and prophanenesse on the other , so long as they are preserved from corruption in the constitution thereof . And , we trust , all who are acquainted with the principles and practices of our worthy Predecessors , and of the learned and godly non-Conformists in England , wil easily see how far we are from their judgments who follow the wayes of separation . We hold it our duty , firmly to adhere to the Church of Scotland , wherein ( through the Lords goodnes ) we do this day enjoy the purity of Doctrine and Worship , and the Government which Christ hath appointed in his House , though there be corruptions in the Constitution of a pretended Assembly . Whereby we are deprived of the benefit of a free , lawfull , and well constitute Assembly for the present ; where we meet with corruptions , we shall ( the Lord assisting ) disclaime and oppose them . And herein we have the approbation of the first and second Assembly of this Kirk , in the beginning of this last Reformation ; the one annulling and declaring void six severall Assemblies , upon many of the same grounds , for which we do protest against the present corrupt Assemblies . And the other having clearly determined the keeping , and Authorizing corrupt Generall Assemblies , to have been one of the chief causes of the many evills which have befallen this Church . We trust in the Lord our God , that our Actions shall abundantly witnesse for us in this respect , and so we shall not further insist upon it . We have clear grounds in Scripture to warrand us to plead , and testific against Corruption ; and therefore being sensible that there is a course of defection carried on in the Church , we have endeavoured , first to prevent the same , in the beginnings thereof , and afterward to give Testimony against it , as it comes to be discovered to us ; We have since studied in a Christian , and brotherly way , to reclaime the Authors thereof , and these that have concurred with them , and now when still we perceive our labours and endeavours to be without successe , as we professe our adherence to former Testimonies against the late Defection , so we are necessitated to adde this upon the grounds before mentioned ; and for all , or some of the Reasons following . I. This meeting hath dependance upon , and the power and authority to which it can lay claime ; for the indiction thereof is derived from the pretended Assembly which met at St. Andrews , and adjourned to Dundee , which being unfree , unlawfull , and corrupt , cannot derive or communicate to another that which it had not in it self . II. It is constitute after the same manner ( for the most part ) of the Members constituted as the former pretended Assembly , of Persons which were Authors , and Abettors of and have carried on a course of defection in this Church , contrary to the VVord of God , the solemn League and Covenant , the solemn Engagement , and the expresse Acts and Declarations of the Kirk , which Persons being under so great a scandall , are by the Acts of the Kirk incapable to be Members of Generall Assemblies . III. Because of the pre-limitation of Election by the Acts made at Dundee , injoyning Provinciall Synods , and Presbyteries to proceed with the Censures of the Kirk against Ministers , Students , Expectants , & Professors , who altogether opposed the Publick Resolutions , or shall not acquiesce to the Acts made at Dundee ; and so excludes all who are not involved in the course of defection , as incapable of election , which is a corrupt rule for election and constituting Assemblies ; and in pursuance thereof , there were several pre-limitations made since by severall Synods , and Ptesbyteries , in their Acts , Ratifying the Proceedings of the pretended Assembly at Dundee . IV. There are many Presbyteries who have expresly refused to send Commissioners to this meeting as an Assembly and who do concur in Protesting against the same , and where Presbyteries have sent Commissioners , the Elections are generally contraverted , there being Protestations made , or at least dissents entred against most of their Elections upon good grounds conform to the Acts of the Kirk ; also there be wanting Commissioners from Burrows , who in regard of their present incapacity , cannot send Commissioners . The generality of the godly in the Land go along with us , and approve our protesting against this meeting , as an unlawfull and corrupt Assembly . Therefore from the zeal we owe to the glory of God , to this Cause and Truth , the Duty of our Callings , as set for the defence of the Gospel , and according to our Covenant , wherein we are bound to prevent , and reveal all parties and courses contrary thereunto , from the sense of the awful judgements of an angry God , both felt , and feared for these begun , and continued in-defections , that we may according to the example of our forefathers , acquit our selves as guiltlesse of this growing Apostacie to the present age , and transmit to our posterity the right Constitution of free and lawfull Generall Assemblies , and to prevent the Lords giving a Bill of divorce to the Land . We do hereby solemnly Declare and Protest , against the Constitution , Authority , Acts , and Proceedings of this pretended Assembly met at Edinburgh , and particularly against their ratifying or renewing the former defection , in the matter of Publick Resolutions , and against their entering into any the like Confederacie , or association with any party opposite in Principles , and Practices to the Word , Work , Covenant , Cause , and People of God in this Land , against their appointing of Commissions , emitting of Declarations , Warnings , Causes of Humiliation , and against their receiving and discussing of Appeals , References , and Dissents , or doing any thing competent to a free , lawfull Generall Assembly , and that neither the Authority , Acts , or Censures of the meeting at St. Andrews , and Dundee , or of this present Meeting , shall be obligatory to any Synod , Presbytery , Minister , Elder , or Member of this Church . And we do humbly beseech and implore the Lord our God , that he wil not look upon these your proceedings as the deeds of the representative of the Kirk of Scotland , nor impute the same into the Collective Body ; But that he would be pleased in his mercy , freely to pardon all our transgressions . And we do further protest , that the General Assembly 1650 be held and accounted in this Church as the last free and lawfull Generall Assembly ; And that it shall be lawfull to us , and every one of us , to continue in the full and free exercise of our Function , and in our Callings and stations to observe and keep the former good old Principles , Declarations , and Acts of the lawfull and free Generall Assemblies of this Kirk , notwithstanding any Declarations , Warnings , Proceeding , and Censures of the said Meetings at St. Andrews , Dundee , and Edinburgh , or any Commission following therefrom , or any exemption thereof , by any other ; and likewise that it shall be lawfull to conveen in a free Generall Assembly , when the Lord shall give opportunity . And lastly , We do Protest , that it shall be lawfull to us to give in to this Meeting , or publish to the World , or to present to the first free and lawfull Generall Assembly this our Protestation , and to enlarge the same as shall be found most to conduce to the honour of God , the good of his Work , comfort of his People , and for our exoneration . In Testimony thereof , We subscribe thir presents , and do take Instruments . The Names of the Ministers who subscribed the fore-going Protestation . M. Andrew Cant. M. James Ker. M. Samuel Rutherfurd . M. John Scot . M. Robert Trail . M. John Vetche . M. John Sterline . M. William Guthrie . M. John Nevay . M. Ralph Rodgers . M. Matthew Mowat . M. Geo. Nairne . M. John Livingstoun . M. William Oliphant . M. Ja. Guthrie . M. And. Donaldsone . M. Pat. Gillespie . M. Robert Stidman . M. James Symsone . M. Ephraim Melvill . M. Hew Kennedy . M. Iohn Sinclar . M. Iohn Cleland . M. Iohn Gray . M. Gilbert Kennedy . M. Robert Fergusen . M. Al. Living stoun . M. James Ferguson . M. Tho. Ramsey . M. Iohn Crafurd . M. William Wishart . M. Harie Simpil . M. William Iack . M. Robert Rue . M. Iohn Dicksone . M. Io. Macmichan M. Iam. Donaldsone . M. Iohn Mean . M. Francis Aird . M. Iames Rust. M. Robert Keith . M. Samuel Row . M. Iohn Sempil . M. Iohn Durie . M. Iames Wallace . M. will Somervell . M. David Swann . M. Iohn Hamilton . M. Gilbert Hall . M. Iames Nisbet . Mr. Will. Somervell . M. Robert Lockhart . Mr. Adam Kae . M. Daniel Donglas . Mr. Alex. Dunlop . M. Gabriel Maxwel . Mr. George Gladstaines . M. Robert Broun . M. Arthur Mitchel . M. Iohn Lithgow . M. Alex. Turnbull . M. Robert Lockart . M. The . Wyllie . M. Iohn Hamilton . M. Iames Tuedie . M. Will. Ferguson . M. Pat. Macclellan . Sixty Seven . Elders , Professors , and Expectants , many of whom subscribed not onely in their own Names , but in Name of others , from whom they were sent to the Meeting . Lord Kilcudbright . Rob. Iack . Sir Arch. Iohnstoun . William Gordoun . Sir Iohn Cheislie . Robert Cannoun . Sir Andrew Ker. William Gordoun . William Bruce . William Creickton . Alex. Pringle of Whitebank . Iam. Mosman . Sir walter Riddel Iohn Cannoun . Walter Pringle of Greenkno . Iohn Lamb . Colonell Robert Halked . Iohn Thomson , Sir Tho. Nicolsone . William Meik . I. Dundas of Dudinstoun . Iames Selkirk . I. Hepburne of Smeitoun . William Crafurd . Pat. Whartlaw . Iohn Maclinchie . Peter Rollock of Piltoun . t David Coventry . M. Arch. Iohnstoun of Hil oun . Cap. And. Arnot . Francis Galloway . Tho. Bannatyn . Will. Broun of Dolphingtoun . George Pringle . William Laurie of Blakewood . William Douglas . M. Iohn Sprewil . Iames Masson . Alex. Gordoun of Knockgray . David Park . Alex. Forbes Tutor of Pitsligo . M. Wil. Duguid . M : Iohn Inglis of Cramount . Quintin Makadam . Iohn Cranstoun of Glenn . Iohn Stother . Major Robert Stuart . Iohn Dickson . Iames Gray . M. Iohn Douglas . Iames Kirkco . David Mure . M. Arch. Porteous . C Iohn Nairn . Geo. Dickson . M. Tho. Stuart . Rob. Bruce . M. Iohn Pearson . Edward Gordown . And. Adirson . John Myln . Patr. List●●n . Mr. James Stuart . Iames Spittell of K. Alexander Mershall . M. And Ruthurfurd . James Hill . M. Geo Walker . James Morison . Iam. Greirson . Mr. John Justice . Iames Hamilton . William Falconer . Iohn Tait . Mr. Peter Kidd . A. Iohnstoun . Andrew Kirkco . David Matthie . Pat. Anderson . Tho. Douglas . James Melros . Jam. Bruce . Mr. Jo Crooksbank younger . John Gordown . Mr. Alexander Janison . 95. Besides divers others ; some of whose names could not well be read ; others being with-drawen by their necessary affairs , were not present with the rest in time of Subscribing , and the many hundreds of the well-affected throughout the Land , who have by these whom they sent abundantly shown their love to the businesse , and will Subscribe with their own hands when they have opportunity . The Names of the Ministers who presented these Papers . Mr. Andr. Cant. Mr. John Livingston . Mr. Sam. Rutherford . Mr. James Guthry . Mr. Matth. Mowat . Mr. Sam. Row . Mr. Patr. Gillespie . Mr. James Nasmith . Mr. Ephraim Melvil . Mr. Jam. Symson . Mr. Will. Oliphant . Mr. James Ker. Mr. Rob. Trail . Mr. John Dickson . Mr. Rob. Keith . Mr. Thom. Wyllie . Mr. Alex. Livingston .   The Names of the Ruling Elders , and Professors . Lord Kirkudbright . Laird of Blair . Tutor of Pitslago . Whytbank . Sir . And. Ker of Greenheed . Walt. Pringle of Greenknow . Sir Archibad Johnston of Wariston . J. Johnston of Hilton .   John Graham . Sir John Chiesley . Mr. John Spreul . Col. Rob. Halket . Mr. William Ferguson . J. Dundas of Duddiston . Smeatoun Hepburn . Sir Walter Riddell . Alex. Gordoun of Knockgray . Sir William Bruce .   These 35 were nominated and appointed by their meeting , to present the Papers . UPon Thursday , the meeting of Protesters did divide themselves in four severall Committees , to think upon , and confer about Overtures , how to make the matters of their Propositions practicable and effectuall in their own stations , according to their capacities . And the next morning , the minde of the several Committees upon that matter being reported in writ . The several clerks of these Committees were apointed to meet together , and draw up in one Paper , all that was reported , which being done , there was another Committee appointed to meet upon it , and to consult and advise more deliberately thereanent , and to report their diligence upon Munday to the whole Meeting , whereby it appears that they do really , and seriously mind the work themselves , which they prop●●● to others , which will appear the more by their Resolutions , when they come forth after the Overtures are digested , and fully agreed upon . FINIS . 
A58723	----	A proclamation concerning the coyn Proclamations. 1681-03-05. Scotland. Privy Council. 1681 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A58723 Wing S1723 ESTC R220964 99832347 99832347 36820 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58723) Transcribed from: (Early English Books Online ; image set 36820) Images scanned from microfilm: (Early English books, 1641-1700 ; 2058:4) A proclamation concerning the coyn Proclamations. 1681-03-05. Scotland. Privy Council. Charles II, King of England, 1630-1685. 1 sheet ([1] p.) printed by the heir of Andrew Anderson [prin]ter to His most sacred Majesty, Edinburgh : anno Dom [1681] Date of publication from Wing. "Given under our signet at Edinburgh, the fifth day of March, one thousand six hundred eighty and one, and of our raign, the thretty [sic] three year." Imperfect; torn at foot affecting imprint. Reproduction of the original in the Aberdeen City Charter Room. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Coinage -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Politics and government -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 John Pas Sampled and proofread 2008-09 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION Concerning the Coyn. CHARLES by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith , To _____ Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as by Our Royal Prerogative , We have power to establish , or alter the matter of Coyn , either Native or Forraign within Our Dominions , from time to time , as We shall find fit for the good of Our Subjects ; and Our Royal Ancestors having been in constant use to raise and exalt the extrinsick value of the Coyn of this Kingdom , according as the Neighbouring Kingdoms and States have done their Standarts ; and in some measure , to bear such a proportion with Our Neighbours , as that the Coyn of this Kingdom might not be exported : And whereas the value of the ounce of Coyned Silver hath been raised from time to time , as particularly in the year 1591. the value of the ounce of Coyned Silver was appointed to be fourty two shilling Scots , being of eleven Denier fine , which continued from that year to the year 1691 , and was then raised to three Pounds ten Pennies , and two sixth parts , and which has continued ever since at that value : albeit in the Neighbouring Kingdoms and States , the ounce of Coyned Silver is valued considerably above the same , which has been one great occasion of the exporting of the greatest part of the Stock of Our own Coyn , and whereof Merchandise has been , and is still made ; and the same species melted down by forraign Mints and Goldsmiths , and imported again in forraign species , much below Our own Coyn , both in weight and fineness , whereby Our Authority has been contemned , Our People cheated and abused , and the Trade and Commerce of this Kingdom highly prejudged ; and if the same be not timously remeided , the remnant of the Stock of Our own Coyn will in a short time be carryed out , and nothing left but forraign species of baser Monies . And some of the most considerable of the Merchants of this Our Kingdom , having made their application to Our Privy Council , and proposed as a fit expedient , that Our four Merk peices might be appointed to be current proportionally to the intrinsick value thereof , and the best of the forraign Current Coyn ; who having had the same ūnder serious consideration , and having received from the Officers of Our Mint , an exact account of the intrinsick value thereof , and of all other forraign species of Coyn , tollerated to be current ; and finding , that at the rate of the ounce of Silver now Current in other Countreys , it is fit that Our Coyn be in some proportion with theirs in the extrinsick value . We therefore , with the Advice of the Lords of Our Privy Council , do ordain and appoint , that in time coming , the ounce of Our own Moneys shall be in value , three Pounds four Shillings Scots Money : and to that effect , do ordain , that the four Merk pieces , which are now current at fifty three shillings four pennies , shall hereafter be current at fifty six shillings , and the inferiour species of that Coyn , viz. the two Merk , Merk , Half merk , and Fourty-penny-piece proportionably . And whereas it is most just , that now seing we have advanced the value of Our Coyn , as aforesaid , the Merchants ought to have enccuragement to bring in their Bulzeon with greater chearfulness , We do ordain , that whereas they did receive for each ounce of Silver , payed in by them , as Bulzeon of eleven denier fine , fifty five Shillings nine Pennies Scots ; the Master of the Mint is now to pay out to them , for every ounce of eleven denier fine , given in by them as Bulzeon , fifty eight Shillings Scots . And ordains all forraign species of Coyn to be current as formerly ; And that these Presents be Printed , and Published at the Mercat Cross of Edinburgh , and other places needful , that none pretend ignorance . Given under Our Signet at Edinburgh , the fifth day of March , One thousand six hundred eighty and one , And of Our Raign , the thretty three Year . Per actum Dominorum Secreti Concilij . WIL. PATERSON . Cl. Sti. Concilij . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Ander●●● 〈…〉 ter to His most Sacred Majesty , Anne DOM 16●● 
A58727	----	Proclamation discharging merchants and other traffickers, to sell or exchange any prohibite commodities, with themselves or amongst others England and Wales. Sovereign (1660-1685 : Charles II) 1683 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A58727 Wing S1751 ESTC R6555 13704269 ocm 13704269 101471 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58727) Transcribed from: (Early English Books Online ; image set 101471) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:50) Proclamation discharging merchants and other traffickers, to sell or exchange any prohibite commodities, with themselves or amongst others England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, printer to His Most Sacred Majesty ; For Langley Curtis ..., Edinburgh : And reprinted at London : 1683. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Foreign trade regulation -- Scotland -- Early works to 1800. Proclamations -- Great Britain. Scotland -- Commerce -- Early works to 1800. Broadsides -- Scotland -- Edinburgh (Lothian) -- 17th century 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 John Pas Sampled and proofread 2008-09 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION Discharging Merchants , and other Traffickers , to Sell or Exchange any Prohibite Commodities , with themselves , or amongst others . CHARLES by the Grace of GOD , King of Great Britain , France and Ireland Defender of the Faith , to _____ Macers of our Privy Council , or Messengers at Arms , our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting , Forasmuch as We , from the great care We always had of the Advancement of the Trade and Manufactories of this Our Ancient Kingdom , have made several good Laws and Acts thereanent , and particularly , by the 18th . Act of our Current Parliament , in the Month of September , 1681. Relative to our former Proclamation in April , preceeding ; The Importing , Selling , Venting , Bartering , or Exchanging of diverse Commodities therein named , is Prohibited and Discharged , under the Certifications and Penalties exprest therein : And albeit We then understood that the Importing , and Venting of these Prohibited Commodities could hardly be restrained without a total Prohibition had been given to the wearing thereof ; yet out of a tenderness to the Merchants , who might have had great parts of their Stocks in these Commodities upon their hands , We thought it not then fit to make a total and immediate Prohibition to the Wearing , but ordained them to be put under Bond , not to Import any of these Prohibited Goods thereafter , nor to Vent , Sell , Barter , or Exchange any thereof , upon hazard of incurring the Certifications contained therein : And notwithstanding there hath been more then sufficient time allowed to the Merchants to have sold off these Prohibited Goods , yet upon pretext thereof , and of the Abiguity of the words in the Bond , that they are only obliged not to Vent , Sell , Barter , or Exchange any of these Goods , that at the buying or receiving thereof were known to have been Imported , contrary to the Laws ; diverse Persons have presumed to Import , at the least to Reset Commodities unwarrantable Imported , and to Vent , Sell , Barter , and Exchange the same , so that thereby the Execution of the Law hath been hitherto evacuated and eluded , and honest Men , who out of Conscience and Duty have given obedience , in hazard to be ruined , and the Trade and Manufactory of the Kingdom overturned and destroyed ; and although we had more then reason to have inforced the Execution of the saids good Laws , by the examplary punishment of persons most guilty : Nevertheless We , according to Our accustomed Clemency , have thought fit to continue any Sentence upon the Process in dependence a gainst them , at the instance of our Advocat , till we shall have occasion to know their future behaviour . And in the mean time , for Explicating and making the said Act of Parliament effectual for the good ends therein designed , We with Advice of Our Privy Council hereby Prohibit and Discharge all Merchants within this Kingdom , or other Trafficquers , Men , or Women , to Buy , Sell , or Barter , or Exchange with themselves , or among others , any Cloaths , Stuffs , Sarges , Holland , Cambridge , Silk stockings , or any Goods made of Wool , or Lint , after tho Date hereof , except they know and can be able to declare upon Oath they were either made in the Kingdom , or lawfully Imported , preceding the Prohibition contained in the Act of Parliament and Proclamation aforesaid , under the Penalties and Certifications therein contained , to be inflicted on them , without favour or defalcation . And in respect diverse Persons have , or may pretend to have such Goods in their custody , as to which they cannot positively declare upon Oath that they were Imported before the Prohibition , as having come through several hands : We do allow the Merchants Burgesses of Edenburgh , and others , havers of such Goods in their Possession , before the Date hereof ( who did take the Bond , and give up Inventar , and none others ) liberty to Retail the same to the Liedges , or Export them out of the Kingdom at any time betwixt this and the first of November next ; Certifying such as shall upon pretext hereof Import any Prohibited Commodities , or Vent , Sell , Barter , or Exchange any thereof after the said day , the same shall be Confiscat , Burnt , and Destroyed , and the Persons guilty otherwise punished , conform to the said Act of Parliament . Given under our Signet at Edenburgh , the 16th of August , One thousand six hundred eighty and three . And of our Reign , the thirtieth and fifth Year . Per Actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD save the KING . Edenburgh , Printed by the Heir of Andrew Anderson , Printer to his most Sacred Majesty And Reprinted at London , for Longly Curtis near Fleet-Bridge . 1683. 
A57983	----	A relation of the death of David Rizzi chief favorite to Mary Stuart Queen of Scotland; who was killed in the apartment of the said Queen on the 9th of March 1565. Written by the Lord Ruthen [sic], one of the principal persons concerned in that action. Published from an original manuscript. Together with an account of David Rizzi, faithfully translated from Geo. Buchanan's History of Scotland. Ruthven, Patrick Ruthven, Lord, d. 1566. 1699 Approx. 82 KB of XML-encoded text transcribed from 26 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A57983 Wing R2397B ESTC R218070 99829696 99829696 34139 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57983) Transcribed from: (Early English Books Online ; image set 34139) Images scanned from microfilm: (Early English books, 1641-1700 ; 2001:14) A relation of the death of David Rizzi chief favorite to Mary Stuart Queen of Scotland; who was killed in the apartment of the said Queen on the 9th of March 1565. Written by the Lord Ruthen [sic], one of the principal persons concerned in that action. Published from an original manuscript. Together with an account of David Rizzi, faithfully translated from Geo. Buchanan's History of Scotland. Ruthven, Patrick Ruthven, Lord, d. 1566. Buchanan, George, 1506-1582. Rerum Scoticarum historia. English. Selections. aut 51, [1] p. printed for A. Baldwin in Warwick-lane, London : 1699. Reproduction of the original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Riccio, David, 1533?-1566 -- Early works to 1800. Scotland -- History -- Mary Stuart, 1542-1567 -- Early works to 1800. 2004-03 TCP Assigned for keying and markup 2004-03 Aptara Keyed and coded from ProQuest page images 2004-05 Rachel Losh Sampled and proofread 2004-05 Rachel Losh Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion A RELATION Of the DEATH of David Rizzi , Chief FAVORITE to Mary Stuart Queen of Scotland ; Who was killed in the Apartment of the said Queen on the 9th of March 1565. Written by the Lord RVTHEN , one of the principal Persons concerned in that Action . Published from an Original Manuscript . Together with an Account of DAVID RIZZI , faithfully translated from Geo. Buchanan's History of Scotland . LONDON , Printed for A. Baldwin in Warwick-lane . 1699. Some Remarkable Passages concerning David Rizzi , translated from the History of Scotland , written by George Buchanan . Edit . Edinburg . Folio 207. AMong the Servants of the Court was one David Rizzi born at Turin : His Father was an honest Man , but so very poor , that all he could do was to maintain himself and his Family , by teaching the Elements of Musick . Having nothing to leave to his Children , he taught them , both Sons and Daughters , to sing . Of these , David being young and brisk , and trusting to his Voice that was not disagreable , and to his Skill in Musick which he had learned from his Father , he resolved to try his Fortune ; and in order to this went to Nice , where the Duke of Savoy , who had lately been restored to his Dominions , kept his Court. But Matters there not answering his Expectation , he came to be in such extream want , that he knew not well what to do with himself , when be hapned to fall in with Signior Moretti , who was then ( as the Duke's Envoy ) preparing for his Iourney to Scotland , he waited on him thither . But being there , Moretti having but a small Allowance for himself , and no great need of his Service , dismissed him ; however David resolved to make some stay , and try his Fortune again : he was chiefly encouraged to this , being told that the Queen delighted in hearing of Songs , and was not altogether unskilful in Musick . To make his way to her , he made an Interest with the Musicians ( who were for the most part French ) that he might appear amongst them . Thus being heard to sing once or twice , she liked him so well , that he was immediately added to their Number . Having got into this Post , and observed the Queen's humour and way , he , partly by flattering her , partly by carrying Stories to her of the other Servants , came in a little time to be as much in her Favour as he was hated by the rest of the Family . However , all this good Fortune could not satisfy him ; but having either lessened with the Queen such as seemed to be on the same foot of Favour with himself , or got them turned out of the Family by his false Suggestions , he began insensibly to aspire to meddle in greater Matters ; till at last he was employed to write her Letters , and then he had a fair pretext to be with the Queen alone , which afforded him opportunities of doing business with her under-hand . All this could not but make a great noise , to see a Man who was little better than a Beggar , raised on the sudden to great Riches ; a Man whose Fortune did far exceed his Merit , and yet his arrogance in despising his Equals , and vying with his Superiors , surpassed even his Fortune . It was the meanness of a great many of the Nobility that served chiefly to encourage this Fellow in his extravagant Vanity : they slavishly made their court to him , cringing to him upon all occasions , admiring and applauding whatever he said ; waiting at his Apartment , and presenting themselves in his way when he went in or out ; Only the Earl of Murray , one that could never dissemble , instead of making his court to him , shewed even by his Countenance , for the most part , the contempt he had of him . Which behaviour of the Earl's offended the Queen her self no less than it did David . He on the other hand , to have a support against the hatred of the chief of the Nobility , courted with all the arts of flattery and insinuation , Henry Lord Darley , who was to marry the Queen ; and got into that degree of familiarity with him , that Darley made him his Companion and Bedfellow , and entirely trusted him . He perswaded the unwary Young Man , who was forward to believe whatever suted his Inclinations , that it was by his means chiefly that the Queen had been induced to cast her Eyes upon him . He was also daily sowing Discord betwixt Darley and the Earl of Murray ; for he flattered himself , that if he could once get rid of that Earl , he might for the rest of his Life take his full career without opposition . By this time the Queen's intended Marriage with Darley , and his private meetings with her ; as also her strange familiarity with David , were much talked of and censured every where . Vpon which the Earl of Murray finding there was nothing to be done , and that the good Advice he gave served only to irritate his Sister against him , resolved to leave the Court , lest he should seem to have any hand in what was doing . Fol. 207. These marks of the Peoples affection * so incensed the Queen against her Brother , as to quicken her to put in execution the Design she had premeditated against his Life . The manner was agreed to be thus : That the Queen who was then at Perth with little Company , should send for the Earl of Murray thither , where the Lord Darley should enter into discourse with him ; and as it was not doubted the Earl would speak plainly and freely , the Dispute by that means growing warm , David Rizzi should give him the first Wound , and then the rest-should dispatch him upon the place . Of this Conspiracy the Earl of Murray was informed by his Friends who were in the Court ; yet being resolved to go , he set forward on his Iourney , but receiving a second admonition from * Patrick Lord Ruthen , he turned out of the way , and went to visit his Mother at her House , which stands situated on the Lake of Leven . Fol. 208. There was also another reason which prevailed not a little with the Queen to use expedition in this matter ( of her Marriage ) she knew her † Vncles were averse to the Match , and feared , if any longer delay should intervene , that some Obstruction might be laid in the way by them , which might disturb the whole Business . For when that secret Resolution was taken , of making a Holy War throughout all Christendom for extirpating the pure Doctrine of the Gospel , the Duke of Guise who was designed for Commander in chief of all those Forces , having conceived the most unwarrantable and immoderate hopes , resolved by the means of his Niece , to embroil Britain in Domestick Troubles , that they might not be able to send the least assistance to their Friends abroad . But David , who was in great credit with the Queen , insisting that the intended Marriage would be advantageous to Religion , on account that Henry and his Father were most strenuous assertors of the Papal Sect , agreable to both Nations , allied to divers Noble Families , and supported by many Friends , the thing in dispute was at last forced that way . Notwithstanding all which , two things seemed to cross David's Designs , if the Marriage should succeed with the consent of the Queen of England , and of the Nobility of Scotland : the first , that he should lose the Honour of being accounted the Author ; the second , that provision would be made for the Security of Religion : whereas if the Queen would join her self with the Council of Trent , he promised himself Honours , Benefices , infinite Treasures , and uncontrouled Authority . For these reasons he left nothing unattempted to precipitate the Marriage , and effected it ; the Scots being not well pleased , and the English most highly offended . Fol. 209. In the mean time David finding the Court cleared of the principal Persons of the Nobility , that he might confirm his intemperate hopes of Power , còntinually laboured by rash Advice to excite the Queen to use the coercive Power of the Sword against the Heads of the several Parties , assuring her that if a few were removed , the rest would not dare to attempt any thing : But conjecturing that the Queen's Guards , being Scotsmen , would not easily consent to the Murder of the Nobility , he made it his principal business to turn them out from that Post , and to introduce Foreigners ( which has almost ever been the rise of all Tyranies ) into that Body . To that end a motion was first made to send for Germans , that Nation being esteemed to be of great fidelity to their Masters : but David having attentively consider'd the matter , concluded it to be more commodious for the carrying on of his Designs , that Italians should be admitted to that Imployment ; being perswaded that Men of the same Nation with himself would not only be more intirely under his Power , but that having no tincture of any Religion they would be also the most proper Instruments of embroiling Affairs ; and making no distinction between what is just and what unjust , might easily be driven to perpetrate any kind of Villany : besides which , men indigent and wicked , born and educated under Tyrants , accustomed to unjust War , and who being far from home esteemed nothing in Britain dear to them , seemed most fit to support the Innovations intended . To this end he began by degrees to send for vagabond Souldiers from Flanders and other Countries upon the Continent , who came single , and at different times , that what was doing might not appear : but to offend one of these was more dangerous than to offend the Queen . In the mean time , as the Power and Authority of David with the Queen increased daily , so the King became daily more contemtible to her ; and to treat him yet with greater indignity , David was substituted to sign divers publick Acts in the place of the King. Fol. 209. The Queen not contenting her self to have raised David from the meanest obscurity , and exposed him to the view of the People in this high degree of Elevation , contrived another way of honouring him in a domestick and more familiar manner . She had for some Months admitted more Persons than had been usual at her Table , that David might have a place there with less envy , on account of the number of those who received that honour ; not doubting by this shew of Popularity , the numerous company , and daily use , the strangeness of the Spectacle would by degrees not only wear off , but the Stomach of the stoutest be insensibly accustomed to suffer any thing . At last David with only one or two more was permitted to eat with her ; yet that the straitness of the Place might in some measure diminish the Envy of the Action , they sometimes eat in a little Closet , and sometimes in David's Chamber . But instead of lessening the Publick Envy by these means , they increased their own Infamy , confirmed former Suspicions , and afforded matter for sinister Discourses . Another thing fell in also to inflame the minds of Men already disposed to believe the worst , that David for surpassed the King in rich Furniture , Cloths , number and goodness of Horses ; which Indignity seemed so much the greater , by how much his Face contributed more to destroy the effect of every Ornament about him , than any of those Advantages to grace his Person . Therefore the Queen , since she could not correct . the faults of Nature , endeavours by heaping Honours upon him to advance him into the highest Order of Men , that the Meanness of his Birth and his personal Deformity might lie concealed under the cover of a fortuitous Nobility ; but most especially that by this means having a right of voting in the publick Assemblies , he might be enabled to manage those Councils as the Queen should direct . And because it was thought necessary to advance gradually , and that he might not seem to be an indigent and mercenary Senator , their first attempt was made upon a Lordship , called by the Seots Malvil , and situated near Edinburgh . The Possessor of the Lordship , with his Father-in-law , and such Friends as were thought to have the most influence upon him , were sent for to the Queen , who endeavoured to prevail with the Lord to deliver up his Possession quietly , and to induce his Father-in-law , with the rest of his Friends , to perswade him so to do . But this way not taking effect as was desired , the Queen interpreted their refusal as an affront to her ; and which was more pernicious , David was highly offended . The People ( for these things were not done in the dark ) began to deplore the present Evils , and to expect worse every day ; If men of the most antient Families and Honour might be expelled from the Seats of their Ancestors at the will of an indigent Rascal . The old men called to mind , and frequently mentioned the time when Cockeran , after the barbarous Murder of the King's Brother , was advanced from a Porter to the Earldom of Marr , and filled the whole Kingdom with Fire and Sword ; which Desolation terminated in the Death of the King , and almost total S●●bversion of the Kingdom : To these things which were publick , men in private Discourses added many more , as is usual in undecent and scandalous cases . But the King resolving to credit nothing , save what he should discover by himself , being informed that David was gone into the Queen's Chamber , he went to the Door , of which he always carried a Key ; and contrary to custom , finding it to be bolted within , he knocked ; but no one answering , he departed in a great rage ; and being agitated by most violent Passions , passed the greater part of the Night without Sleep . Fol. 210. About that time Letters were brought from the Queen of England , in which many things concerning the present state of Affairs in Scotland were kindly and prudently treated , with a gentle and affectionate admonition to her Kinswoman to lay aside her Passion , and to entertain more moderate Counsels . The Queen understanding that the Lords knew such Letters were arrived , and that no one doubted the Contents , called divers of them to her ( hoping the favour would be interpreted to proceed from inclination ) and began to read them in their presence . But as she was in the course of her reading , David openly admonished her that she had read enough , and commanded her to stop : which Action was accounted by all to be rather insolent than new ; for they were not ignorant how arrogantly he used to carry himself to her , frequently reproving her with more sharpness than her Husband durst adventure to do . Few days after this the Cause of the Exiles was warmly debated in Parliament , where some to gratify the Queen , moving they might be punished as Traytors , and others affirming they had done nothing which deserved so great Severity ; David in the mean time surrounded the Members one by one , and endeavoured to penetrate the intention of each towards those that were banished , if he should be chosen President by the rest of the Assembly ; not doubting openly to discover that the Queen would have them condemn'd ; and that whoever should oppose her , would not only take pains to no purpose , but incur her High Displeasure . A RELATION Of the Death of DAVID RIZZI , Chief Favorite to MARY Queen of Scots , &c. Written by the Lord RUTHEN . IN the first , the Lord Ruthen of Scotland , a Man of forty and six Years , was visited by the Hand of God with great trouble and sickness , having two Infirmities , the one called the Inflammation of the Liver , and the other the Consumption of the Reins and Kidneys , wherethrough he kept his Bed continually by the space of three months , and was under the cure of Physicians , as of the Queen's French Doctor , Dr. Preston , and Thomas Thompson Apothecary ; and was so feebled and weakned through the Sickness and Medicines , that scarcely he might walk twice the length of his Chamber unsitting down . In this mean time the King , Husband to the Queen's Majesty of Scotland , conceived hatred against an Italian called David Riccio ; and about the 10th day of February the said King sent his dear Friend and Kinsman George Douglas Son to Archibald , sometime Earl of Angus , and declared to the said Lord Ruthen how that the said David Riccio had abused him in many sorts , and lately had staied the Queen's Majesty from giving him the Crown Matrimonial of Scotland , which her Majesty had promised to him divers times before : Besides many other Wrongs that the said David had done to him , which he could not bear with longer , and behoved to be revenged thereof . And because the said Lord Ruthen was one of the Nobility that he confided and trusted most unto , in respect that his Children and he were Sisters Children ; therefore he desired his Counsel and Advice what way was best to be revenged on the said David . The said Lord Ruthen hearing the Message aforesaid , gave answer to George Douglass , that he could give no counsel in that Matter , in respect he knew the King's Youth and Facility ; for he had sundry of the Nobility that had given him counsel for his own Honour and Weal , and immediately he revealed the same again to the Queen's Majesty , who reproved them with great anger and contumelious words : So the said Lord Ruthen would have no medling with his Proceedings until the time he could keep his own counsel . The said George departed with the said Lord's Answer to the King about the 12th of February : The said King hearing the Answer , was very miscontented , and said , It is a sore case that I can get none of the Nobility that will assist me against yonder false Villain Davie . The said George answered , The said Fault was in your self , that cannot keep your own counsel . Then the King took a Book and swore thereon , that what Counsel soever the Lord Ruthen should give him , he would not reveal , neither to the Queen's Majesty , nor to any others ; and immediately directed the said George to the said Lord Ruthen again , declaring what Oath the King had made . Notwithstanding the said Lord Ruthen was eight days thereafter e're he would give any counsel therein ; howbeit the said King sent the said George to him every day three or four times . After eight days were past , the which was toward the 20th day of February , the said Lord Ruthen perceiving that the King 's whole Intent was but only the slaughter of Davie , the said Lord resolved in his mind , and considered that he had a good time to labour for certain of the Nobility his Brethren that were banished in the Realm of England and in Argile ; and specially the Earls of Argile , Murray , Glencarn and Rothes ; the Lord Boyd and Ocheltrie , and Lairds of Pittarro and Grange , with many other Gentlemen and Barons . Wherefore so soon as the said George was directed again from the King to him , the said Lord Ruthen answered , That he could not meddle with the King's Affairs , without that he would bring home the Noblemen before rehearsed , who were banished only for the Word of God. And after long reasoning , and divers days travelling , the King was contented that they should come home into the Realm of Scotland ; so that the said Lord Ruthen would make him sure that they would be his , and set forward all his Affairs . The said Lord gave answer to the King , and bad him make his own Security , and that he should cause it to be subscribed by the aforesaid Earls , Lords , and Barons . Immediately thereafter the King directed the said George Douglass to the said Lord Ruthen with certain Articles , which he desired the said Lord to put in form of Writing , to be subscribed by the Lords banished ; the which the said Lord caused to be put in form . And having consideration that the said King desir'd them to be bound to him , the said Lord caused to be drawn certain Articles in the said Lords Names for the King's part towards them ; which the King himself reformed with his own hand in the Margent , like as it is to be produced . The Articles being penned for both Parties , and the King reading and considering the same , he was contented therewith , and subscribed his part , and delivered it to the said Lord Ruthen , who sent the other Articles to the Earl of Murray , and the remanent being within England ; and to the Earl of Argile and the remanent being with him in the West , who subscribed the same , and sent them to the said Lord Ruthen to be kept till their meeting with the King , and every one to have their own part : The Tenour whereof followeth . Certain ARTICLES to be fulfilled by James Earl of Murray , Archibald Earl of Argile , Alexander Earl of Glencarne , Andrew Earl of Rothes , Robert Lord Boyd , Andrew Lord Ocheltrie , and their Complices , to the Noble and Mighty Prince Henry King of Scotland , Husband to our Sovereign Lady : Which Articles the said Persons offer with most humility , lowliness and service to the said Noble Prince , for whom to God they pray , &c. Imprimis , THE said Earls , Lords , and their Complices , shall become , and by the Tenour hereof become true Subjects , Men and Servants , to the Noble and Mighty Prince Henry , by the Grace of God , King of Scotland , and Husband to our Sovereign Lady : That they and all others that will do for them , shall take a leyal and true part with the said Noble Prince in all his Actions , Causes and Quarrels , against whomsoever , to the uttermost of their Powers ; and shall be Friends to his Friends , and Enemies to his Enemies , and neither spare their Lives , Land , Goods nor Possessions . 2. Item , The said Earls , Lords , and their Complices , shall at the first Parliament , and other Parliaments that shall happen to be after their returning within this Realm , by themselves and others that have Voice in Parliament , consent , and by these Presents do consent now as then , and then as now , to grant and give the Crown matrimonial to the said Noble Prince for all the days of his Life . And if any Person or Persons withstand or gainsay the same , the said Earls , Lords , and their Complices , shall take such part as the said Noble Prince taketh , in whatsoever sort , for the obtaining of the said Crown , against all , and whatsoever that let or deny , as shall best please the said Noble Prince . 3. Item , The said Earls , Lords , and their Complices , shall fortify and maintain the said Noble Prince in his just Title to the Crown of Scotland , failing of Succession of our Sovereign Lady , and shall justify and set forward the same at their utmost Powers . And if any manner of Person will usurp or gainsay the just Title , then the said Earls , Lords , and their Complices , shall maintain , defend , and set forwards the same , as best shall please the said Noble Prince , without fear of Life or Death ; and shall seek and pursue them the Usurpers , as shall please the said Noble Prince to command , to extirp them out of the Realm of Scotland , or take or slay them . 4. Item , As to the Religion which was established by the Queen's Majesty our Sovereign , shortly after her arrival in this Realm , whereupon Acts and Proclamation was made , and now again granted by the said Noble Prince to the said Earls , Lords , and their Complices ; they , and every of them , shall maintain and fortify the same at their uttermost Powers , by the help , supply , and maintenance of the said Noble Prince . And if any Person or Persons will gainsay the same , or any part thereof , or begin to make Tumult or Uproar for the same , the said Earls , Lords , and their Complices , to take a full , true , and plain part with the said Noble Prince , against the said Contemners and Usurpers , at their uttermost . 5. Item , As they are become true Subjects , Men and Servants , to the said Noble Prince , so shall they be leyal and true to his Majesty , as becometh true Subjects to their natural Prince ; and as true and faithful Servants serve their good Master with their Bodies , Lands , Goods and Possessions ; and shall neither spare Life nor Death in setting forward all things that may be to the Advancement and Honour of the said Noble Prince . 6. Item , The said Earls , Lords , and their Complices , shall labour at the Queen of England's hands for the relief of the said Noble Prince his Mother and Brother , by themselves and such others as they may procure , to the uttermost of their power , that they may be reliev'd out of Ward , or remain in England freely , or repair into Scotland , as they shall think most expedient , without stop or impediment to her self , her Son , their Servants and Moveables . 7. Item , The said Earls , Lords , and their Complices , shall , by themselves and others that will do for them , labour and procure , at the Queen of England's hands , that the said Noble Prince may have her kindness , good-will and assistance in all his Majesty's honourable and just Causes , against whatsoever Foreign Prince . Certain Articles to be fulfilled by the Noble and Mighty Prince Henry , King of Scotland , Husband to our Sovereign Lady , of his Majesty's mere Clemency and good will , to James Earl of Murray , Archibald Earl of Argile , Alexander Earl of Glencarne , Andrew Earl of Rothes , Robert Lord Boyd , Andrew Lord Stuart of Ocheltrie , remaining in England , &c. Item , FIRST , The said Noble Prince shall do his good will to obtain them one Remission , if they require the same , for all Faults and Crimes by-past , of whatsoever quality or condition they be . And if that cannot be obtained at the first time , shall persevere in suing of the same until it be obtained ; and at the last shall give them a free remission of all Crimes so soon as we are placed , by their help and supply , to the Crown Matrimonial : And in the mean time shall stop and make Impediments , so much as lieth in us , that they be not called nor accused for whatsoever Crime : And presently remits and forgives the aforesaid Earls , Lords , and their Complices , all Crimes committed against us , of whatsoever quality or condition they be ; and do bury and put the same in Oblivion , as they had never been : And shall receive them at their returning , thankfully , and with heartiness , as others our true and faithful Subjects and Servants . 2. Item , We shall not suffer , by our good wills , the foresaid Lords and their Complices , to be called or accused in Parliament , nor suffer any Forfeitures to be laid against them , but shall stop the same at our uttermost Power : And if any Person or Persons pretend otherwise , we shall neither consent to the holding the Parliament , nor yet shall grant to their Forfeiture willingly , but shall stop the same to our uttermost Power , as said is . 3. Item , That the said Earls , Lords , and their Complices , returning within the Realm of Scotland , we shall suffer or permit them to use and enjoy all their Lands , Tackes , Steedings and Benefices that they or any of them had before their passage into England . And if any manner of Persons do make them Impediments in the peaceable enjoying of the said Lands , Steedings , Tackes , Benefices , and Possessions , it being made known to us , we shall fortify and maintain them to the uttermost of our Powers , to the obtaining of the same . 4. Item , As to the said Earls , Lords , and their Complices Religion , we are contented and consent that they use the same , conform to the Queen's Majesty Act and Proclamation made thereupon , shortly after her Highness's return out of France . And if any Person or Persons pretend to make them Impediment thereunto , or to trouble them for using the same Religion , we shall take part with the aforesaid Earls , Lords , and their Complices , at our uttermost Power . And after their returning , upon their good bearing and service to be done to the said Noble Prince , shall by their advice consent to the stablishing the Religion now professed , and shall concur with them , if any persons do withstand them . Item , We shall fortify and maintain the said Earls , Lords , and their Complices , as a natural Prince should do to his true and Obedient Subjects ; and as one good Master should fortify and maintain his true and natural Servants against whatsoever , in all their just Causes , Actions , and Quarrels . All this while the King kept secret from the Queen's Majesty the whole Proceedings ; and as her Majesty sought by subtil means to learn of him what was in his mind , so crafted he with her to seek out her mind : And in the same time he daily sent to the Lord Ruthen , saying that he could not abide Davie any longer ; and if his Slaughter was not hastned , he would slay him himself , yea , tho it were in the Queen's Majesty 's own Chamber . The said Lord Ruthen counselled him to the contrary , and thought it not decent that he should put hand on such a mean Person : yet always the King could not be content , without the said Lord Ruthen affixed a day when the said Davie should be slain . The said Lord considering with himself that it was not convenient nor honourable to slay the said Davie , notwithstanding the Offences he had made ; but rather to take him , and give him Judgment by the Nobility , the King's Majesty answered , it was cumbersome to tarry in such a Cause ; but always he could be contented that he were taken and hanged , or dispatched otherwise . In the mean time the King and Queen's Majesties rode to Seaton ; the King so burning in his desire towards the Slaughter of David , he sent divers privy Writings written in his own hand , and also Messages by tongue to George Douglas , to be shewed to the Lord Ruthen , to have all things in readiness against his repairing to Edinburgh towards the Slaughter of David , or otherwise he would put the same in execution with his own hands . In the mean time the said Lord Ruthen was practising with the Earl of Morton , who was the King's near Kinsman , and with the Lord Lindsey , because his Wife was a Douglas , and of consanguinity to the King ; and with a great number of Barons , Gentlemen , and Freeholders , to assist the King in such Affairs as he had to do ; and then they should have their Religion freely established conform to Christ's Book , and to the Articles that the King had subscribed to the Lords . And after the King's return out of Seaton , he directed George Douglas to the said Earl of Morton and Lord Ruthen , to see what day should be appointed , with place and time , for the performance of the Enterprise against David . The said Earl and Lord sent answer to the King , and declared they should have a sufficient number ready against Friday or Saturday the 8th or 9th of March , to do what he pleased ; and enquired of the King what time he would have it the ratherest performed ; for according to the said Earl's and Lord's opinion , they thought it best to take time when David should be in his own Chamber in the Morning , or in passing through the Close : which the King refused simpliciter , and said he could not be well taken in his own Chamber , nor no time in the Morning , by reason that at night he tarried late with the Queen's Majesty ; he lay in the over Cabinet , and otherwhiles in Signior Francisco's Chamber , and sometimes in his own , to which he had sundry Backdoors and Windows that he might escape at ; and if so it were , all were lost . Therefore he would have him taken at the time of the supping , sitting with her Majesty at the Table , that he might be taken in her own presence ; because she had not entertained him her Husband according to her accustomed manner , nor as she ought of Duty . To the which the said Earl and Lords were very loth to grant , and gave many reasons to the contrary , that it was better to have been done out of her presence , not in the same . Notwithstanding no reason might avail , but the King would have him taken in her Majesty's Presence , and devised the manner himself , as after followeth : That upon the Saturday at Supper-time the said Earl of Morton , Lord Ruthen , and Lord Lindsey , should have ready so many as would be Assistants and Partakers with the King , in their Houses , against he should send them word : and so soon as he sent them word , that the Earl of Morton should come in , and come up to the Queen 's utter Chamber , and a Company with him ; and the said Lord Ruthen to come through the King 's secret Chamber ; and that the King would pass up before by a privy Passage to the Queen's Chamber , and open the Door , wherethrough the said Lord Ruthen and his Company might enter : and that the King himself should be speaking with the Queen's Majesty sitting at supper ; the remanent Barons and Gentlemen to be in the Court of the Palace for keeping of the Gates , and defending of the Close , in case any of the Lords or Officers would endeavour to gain-stand the King's Enterprize . The said Earl of Morton and Lord Ruthen having consideration of the King's Devise towards the taking of Davie in the Queen's Majesty's Chamber , were loth to grant thereto ; yet the King would not otherwise , but have it done as he had devised . The said Earl and Lords considering he was a young Prince , and having a lusty Princess to lie in his Arms afterwards , who might perswade him to deny all that was done for his Cause , and to alledg that others perswaded him to the same , thought it necessary to have security thereupon ; and a Band was made in the King's name to the Earls , Lords , Barons , Freeholders , Merchants , and Craftsmen , declaring all that was to be done was his own Devise , Invention , and Fact ; and bound and obliged himself , his Heirs and Successors , to them , their Heirs and Successors , to keep them skeithless , and unmolested or troubled for the taking and executing of Davie in the Queen's presence or otherwise , like as the Band more at large specified hereafter word by word . Be it kend to all men by these present Letters : We Henry by the Grace of God , King of Scotland , and Husband to the Queen's Majesty ; for so much we having consideration of the gentle and good nature , with many other good Qualities in her Majesty , we have thought pity , and also think it great conscience to us that are her Husband , to suffer her to be abused or seduced by certain privy Persons , wicked and ungodly , not regarding her Majesty's Honour , Ours , nor the Nobility thereof , nor the Common-weal of the same , but seeking their own Commodity and privy Gains , especially a Stranger Italian called Davie : which may be the occasion of her Majesty's Destruction , Ours , the Nobility , and Commonweal , without hasty remedy be put thereto , which we are willing to do : and to that effect we have devised to take these privy Persons , Enemies to her Majesty , Us , the Nobility , and Commonwealth , to punish them according to their Demerits ; and in case of any difficulty , to cut them off immediately , and to take and slay them wherever it happeneth . And because we cannot accomplish the same without the assistance of others , therefore have we drawn certain of our Nobility , Earls , Lords , Barons , Freeholders , Gentlemen , Merchants , and Craftsmen , to assist us in our Enterprise , which cannot be finished without great hazard . And because it may chance that there be sundry great Personages present , who may endeavour to gain-stand our Enterprise , where-through some of them may be slain , and likewise of ours , where-through a perpetual Feud may be contracted betwixt the one and the other ; therefore we bind and oblige Us , our Heirs , and Successors , to the said Earls , Lords , Barons , Gentlemen , Freeholders , Merchants , and Craftsmen , their Heirs and Successors , that we shall accept the same Feud upon Us , and fortify and maintain them at the uttermost of our Power , and shall be Friend to their Friends , and Enemy to their Enemies ; and shall neither suffer them nor theirs to be molested nor troubled in their Bodies , Lands , Goods , nor Possessions , so far as lieth in us . And if any person would take any of the said Earls , Lords , Barons , Gentlemen , Freeholders , Merchants , or Craftsmen , for enterprizing and assisting with us for the atchieving of our purpose , because it may chance to be done in presence of the Queen's Majesty , or within her Palace of Holyrood-house , we by the Word of a Prince shall accept and take the same on us now as then , and then as now ; and shall warrant and keep harmless the foresaid Earls , Lords , Barons , Freeholders , Gentlemen , Merchants and Craftsmen , at our utter power . In witness whereof we have subscribed this with our own hand at Edinburg , the 1st of March 1565. Upon Saturday the 9th day of March , as is conform to the King's Ordenance and Device , the said Earl Morton , Lords Ruthen and Lindsey , having their Men and Friends in readiness , abiding for the King's Advertisement ; the King having supped , and the sooner for that Cause , and the Queen's Majesty being in her Cabinet within her inner Chamber at the Supper , the King sent to the said Earl and Lords , and their Complices ; and desired them to make haste and come into the Palace , for he should have the door of the Privy Passage open , and should be speaking with the Queen before their coming , conform to his Device rehearsed before . Then the said Earl of Morton , Lord Ruthen and Lord Lindsey , with their Complices , passed up to the Queen 's utter Chamber ; and the said Lord Ruthen passed in through the King's Chamber , and up through the privy way to the Queen's Chamber , as the King had learned him , and through the Chamber to the Cabinet , where he found the Queen's Majesty sitting at her Supper at the middes of a little Table , the Lady Argile sitting at one end , and Davie at the head of the Table with his Cap on his head , the King speaking with the Queen's Majesty , and his hand about her Waste . The said Lord Ruthen at his coming in said to the Queen's Majesty , It would please your Majesty to let yonder Man Davie come forth of your presence , for he hath been over-long here . Her Majesty answered , What Offence hath he made ? The said Lord replied again , that he had made great Offence to her Majesty's Honour , the King her Husband , the Nobility and Commonweal of the Realm . And how ? saith she . It will please your Majesty , said the said Lord , he hath offended your Majesty's Honour , which I dare not be so bold to speak of : As to the King your Husban's Honour , he hath hindred him of the Crown Matrimonial , which your Grace promised him , besides many other things which are not necessary to be expressed . And as to the Nobility , he hath caused your Majesty to banish a great part , and most chief thereof , and forefault them at this present Parliament , that he might be made a Lord. And as to your Common-weal , he hath been a common destroyer thereof , in so far as he suffered not your Majesty to grant or give any thing but that which passed through his hands , by taking of Bribes and Goods for the same ; and caused your Majesty to put out the Lord Ross from his whole Lands , because he would not give over the Lordship of Melvin to the said Davie ; besides many other inconveniences that he sollicited your Majesty to do . Then the said Lord Ruthen said to the King , Sir , take the Queen's Majesty your Sovereign and Wife to you , who stood all amazed and wyst not what to do . Then her Majesty rose on her feet and stood before Davie , he holding her Majesty by the plates of the Gown , leaning back over in the window , his Whiniard drawn in his hand . Arthur Erskin and the Abbot of Holy-rood-house , the Laird of Cr●ch Master of the Household , with the French Apothecary , and one of the Grooms of the Chamber , began to lay hands upon the said Lord Ruthen , none of the King's Party being present . Then the said Lord pulled out his Whiniard , and freed himself while more came in , and said to them , Lay not hands on me , for I will not be handled ; and at the incoming of others into the Cabinet , the said Lord Ruthen put up his Whiniard . And with the rushing in of Men the Board fell to the wallwards , with Meat and Candles being thereon ; and the Lady of Argile took up one of the Candles in her hand : and in the same instant the said Lord Ruthen took the Queen in his arms , and put her into the King's arms , beseeching her Majesty not to be afraid ; for there was no Man there that would do her Majesty's Body more harm than their own Hearts ; and assured her Majesty , all that was done was the King's own Deed and Action . Then the remanent Gentlemen being in the Cabinet , took Davie out of the Window ; and after that they had him out in the Queen's Chamber , the said Lord Ruthen followed , and bad take him down the privy way to the King's Chamber ; and the said Lord return'd to the Cabinet again , believing that the said Davie had been had down to the King's Chamber , as said is : but the press of the People hurl'd him forth to the utter Chamber , where there was a great number standing , who were so vehemently moved against the said Davie , that they could not abide any longer , but slew him at the Queen 's far Door in the utter Chamber . Immediately the Earl of Morton passed forth of the Queen's Majesty's utter Chamber to the inner Court for keeping of the same and the Gates , and deputed certain Barons to keep Davie's Chamber till he knew the Queen's Majesty's pleasure , and the King 's . Shortly after their Majesties send the Lord Lindsey and Arthur Erskin to the said Earl of Morton to pass to David's Chamber to fetch a black Coffer with Writings and Cyphers , which the said Earl of Morton delivered to them , and gave the Chamber in keeping to Iohn Simple Son to the Lord Simple , with the whole Goods there , Gold , Silver , and Apparel being therein . In this mean time the Queen's Majesty and the King came forth of the Cabinet to the Queen's Chamber , where her Majesty began to reason with the King , saying , My Lord , Why have you caused to do this wicked Deed to me , considering I took you from a base Estate , and made you my Husband ? What Offence have I made you that ye should have done me such shame ? The King answered and said , I have good reason for me ; for since you Fellow Davie fell in credit and familiarity with your Majesty , ye regarded me not , neither treated me nor entertained me after your wonted Fashion ; for every day before Dinner , and after Dinner , ye would come to my Chamber and pass time with me , and thus long time ye have not done so ; and when I come to your Majesty's Chamber , ye bear me little company , except Davie had been the third Marrow : and after Supper your Majesty hath a use to set at the Cards with the said Davie till one or two of the Clock after midnight ; and this is the entertainment that I have had of you this long time . Her Majesty's answer was , It was not Gentlewomens duty to come to their Husbands Chamber , but rather the Husband to come to the Wive's Chamber , if he had any thing to do with her . The King answered , How came ye to my Chamber at the beginning , and ever , till within these few Months● that Davie fell in familiarity with you ? or am I failed in any sort of my Body ? or what disdain have you at me ? or what Offence have I made you , that you should not use me at all time alike ? seeing that I am willing to do all things that becometh a good Husband to do to his Wife . For since you have chose me to be your Husband , suppose I be of the baser degree , yet I am your Head , and ye promised Obedience at the day of our Marriage , and that I should be equal with you , and participant in all things . I suppose you have used me otherwise by the perswasions of Davie . Her Majesty answered and said , that all the shame that was done to her , that my Lord , ye have the weight thereof ; for the which I shall never be your Wife , nor lie with you ; nor shall never like well , till I gar you have as sore a Heart as I have presently . Then the Lord Ruthen made answer , and besought her Majesty to be of good comfort , and to treat her self and the King her Husband , and to use the Counsel of the Nobility , and he was assured her Government should be as well guided as ever it was in any King's days . The said Lord being so feebled with his Sickness , and wearied with his Travel , that he desired her Majesty's pardon to sit down upon a Coffer , and called for a drink for God's sake : so a French man brought him a Cup of Wine , and after that he had drunken , the Queen's Majesty began to rail against the said Lord : Is this your Sickness , Lord Ruthen ? The said Lord answered , God forbid that your Majesty had such a Sickness ; for I had rather give all the moveable Goods that I have . Then , said her Majesty , if she died , or her Barn , or Common-weal perished , she should leave the revenge thereof to her Friends to revenge the same upon the said Lord Ruthen and his Posterity ; for she had the King of Spain her great Friend , the Emperor likewise , and the King of France her good Brother , the Cardinal of Lorrain , and her Unkels in France , besides the Pope's Holiness , with many other Princes in Italy . The said Lord answered that these noble Princes were over-great Personages to meddle with such a poor man as he was , being her Majesty 's own Subject : and where her Majesty said , that if either she , her Barn , or the Commonweal perished , the said Lord Ruthen should have the weight thereof ; the said Lord answered , that if any of the three perished , her Majesty's self and her particular Counsel should have the weight thereof , and should be accused as well before God as the World : for there was no man there within that Palace , but they that would honour and serve her Majesty , as becometh true Subjects ; and would suffer no manner harm to be done to her Majesty's Body than to their own Hearts ; and if any thing be done this night that your Majesty mislikes , charge the King your Husband , and none of us your Subjects ; which the King confessed was of verity . In the same instant one came knocking fast at the Queen's Chamber-door , declaring that the Earls Huntly , Athol , Bothwel , Cathness , and Sutherland , with the Lords Fleming , Levingstone , Secretary , Tillibarn the Comptroller , and Laird of Grant , with their own Servants and Officers of the Palace , were fighting in the Close against the Earl of Morton and his Company , being on the King's Party . The King hearing the same , would have gone down , and the Lord Ruthen staid him , and desired him to intreat the Queen's Majesty , and he would go down and take order amongst them . So the said Lord passed to the Close , born under the Arm ; and before his coming the Officers were dwong into their Houses ; and the Lords were holden in at the Gallery Door by the Earl of Morton and others being with him , and were constrained to pass up to the Gallery and to their Chambers . So the said Lord Ruthen passed up to the Earl Bothwell's Chamber , where he found the Earls of Huntley , Sutherland , Cathness , the Laird of Grant , and divers others , to whom he shewed that the whole Proceeding that was done that night , was done and invented by the King's Majesty 's own devise , like as his Hand written was to shew thereupon ; and how he had sent for the Lords that were banished in England and Argyle , who would be there before day : And because there was some Enmity unreconciled betwixt the Earls of Huntly and Bothwell , and the Earls of Argyle and Murray , and their Colleagues ; the said Lords promised in their names , that it should be mended at the sight of two or three of the Nobility , they doing such like to them ; whereupon the said Earls of Huntley and Bothwell gave the Lord Ruthen their hands , and received his for th' other part : and after they had drunken , the said Lord Ruthen took his leave of them , and passed to the Earl of Athol's Chamber , accompanied with the Earls of Cathness , Sutherland , and the Laird of Grant ; and found with the said Earl the Comptroller , Secretary , Mr. Iames Balfour , and divers others : and because of the Familiarity and Kindness betwixt the Earl of Athol and the Lord Ruthen , the said Earl began to be angry with the said Lord , for that he would not shew him what Enterprise soever that he had to do ; whose answer was , that it was the King's Action and the King's Devise , and that none of them had further medling therewith than the King had commanded , like as his Hand written did testify . Yet the said Earl enquired further upon the said Lord Ruthen , why he would not let him wit thereof : the said Lord answered , it was the King's Secret ; and feared if he had given knowledg thereof , he would have revealed it to the Queen's Majesty , which might have been a hindrance of the purpose , and caused the King have holden me an unhonest man for my part . The said Earl perceiving that all that was done was the Kings own deed , desired the said Lord Ruthen to pass to the King , and get him leave to pass to his Country , and so many as were presently in the Chamber with him . In this mean time the Earls of Bothwell and Huntly taking a fear of the other Lords returning out of England , and Argyle , and because they were hardly imprisoned before , thought it better to escape too than to remain ; so they went out at a low Window , and passed their ways . In the mean time while the Lord Ruthen was with the Earl of Athol , the King declared to the Queen's Majesty , that he had sent for the Lords to return again ; whereunto she answered , she was not in the blame that they were so long away : for she could have been content to have brought them home at any time , had not been for angering the King ; and to verify the same , when her Majesty gave a remission to the Duke , the King was very miscontent therewith : whereto the King answered , that it was true that the King was miscontented then , but now he was content , and doubted not but she would also be content to persevere in the good mind to them as she had done before . At the same time came the Provost of Edenburgh , and a great number of men of the Town with him in Arms to the utter Court of the Palace of Holyrood-House , where the King called out of the Window to them , commanding them to return to their Houses , like as they did ; for he declared to them that the Queen's Majesty and he were in good health . The Lord Ruthen being come up to the Queen's Chamber again , where the King was beside her , he shewed them that there was no hurt done , and that the Lords and all others were merry , and no harm done . Then her Majesty enquired what was become of Davie . The said Lord Ruthen answered that he believed he was in the King's Chamber ; for he thought it not good to shew her as he died , for fear of putting her Majesty in greater trouble presently . Then the Queen's Majesty enquired of the said Lord what great kindness was betwixt the Earl of Murray and him , that rather than he and the remanent should be forfaulted , that he would be forfault with them . Remember ye not , said she , what the Earl of Murray would have had me done to you for giving me the Ring ? The said Lord Ruthen answered , that he would bear no quarrel for that cause , but would forgive him and all others for God's sake ; and as to that Ring , it had no more virtue than another , and was one little Ring with a pointed Diamond in it . Remember ye not , said her Majesty , that ye said it had a virtue to keep me from poisoning ? yea Madam ( said he ) I said so much , that the Ring had that virtue , only to take that evil opinion out of your head of Poisoning , which you conceived that the Protestants would have done ; which the said Lord knew the contrary , that the Protestants would have done no more harm to your Majesty's Body than to their own Hearts ; but it was so imprinted in your Majesty's mind , that it could not be taken away without a contrary impression . Then said her Majesty to the the said Lord , what Fault or Offence have I made to be handled in this manner ? Inquire , said he , at the King your Husband . Nay , said she , I will enquire of you : who answered , Madam , it will please your Majesty , ye well remember that ye have had this long time a few number of privy Persons , and most special Davie a Stranger Italian , who have guided and ruled you contrary the Advice of your Nobility and Counsel ; and especially against these Noblemen that were banished . Her Majesty answered , were ye not one of my Council ? what is the cause that ye should not have declared , if I had done any thing amiss against them that became me not ? The said Lord answered , because your Majesty would hear no such thing : for all the time that your Majesty was in Glascow or Dumfriese , let see if ever ye caused your Council to sit , or to reason upon any thing , but did all things by your Majesty's self and your privy persons , albeit the Nobility bare the Pains and Expences . Well , said her Majesty , ye find great fault with me , I will be contented to set down my Crown before the Lords of the Articles ; and if they find I have offended , to give it where they please . Then answered the Lord Ruthen , and said , God forbid Madam , that your Crown should be in such hazard ; but yet , Madam , who chose the Lords of the Articles ? Not I , said she . Saving your Majesty's Reverence , said the Lord Ruthen , ye chose them all in Seaton , and nominated them : And as for your Majesty's Council , it hath not been suffered to wait freely this long time , but behoved to say what was your Pleasure . And as to the Lords of the Articles , your Majesty chose such as would say whatsoever you thought expedient to the Forfaulters of the Lords Banished : And now when the Lords of the Articles have sitten fourteen days reasoning on the Summons of Treason , have ye found a just Head wherefore they ought to be forfaulted ? No , Madam , not so much as one Point , without false Witness be brought in against them ; whereunto she gave no answer . The said Lord Ruthen perceiving that the Queen's Majesty was weary , he said to the King , Sir , it is best ye take your leave at the Queen's Majesty , that she may take rest : So the King took his good-night and came forth of the Queen's Chamber , and we with him , and left none there but the Ladies , Gentlewomen , and the Grooms of the Queen's Majesty's Chamber . And so soon as the King came to his own Chamber , the said Lord Ruthen declared the Message he had from the Earl of Athol to the King , that he might have license to return home to Athol : Which the King was loth to do without he gave him a Band that he should be his . The Lord Ruthen answered , that he was a true Man of his Promise , and would keep the thing he said , as well as others would do their Hand-writing and Seal . Then the King desired the said Lord Ruthen to fetch the Earl of Athol to him ; which he did : And after the King and Earl of Athol had talked together , he desired the said Earl to be ready to come whensoever he should send for him . His answer was , that whensoever it pleased the Queen's Grace and him to send for him , that he would come gladly : And the said Earl desired the King that he might speak with the Queen's Majesty , which the King refused . And then the said Earl took his good night , and passed to his Chamber , and the Lord Ruthen with him , where he made him ready and his Company to pass forth , like as they did ; and in his company were the Earls of Sutherland and Cathness , the Master of Cathness , the Secretary , and Controler , Mr. Iames Balfour , the Laird of Grant , with divers others . Immediately the King directed two Writings , subscribed with his hand , on Saturday after the slaughter of Davie , to certain men of Edenburg bearing Office for the time , charging them to convene Men in Arms , and make watch within the Town upon the Calsay ; and to suffer none others to be seen out of their Houses , except Protestants , under all highest pain and charge that after may follow . And on the morrow after , which was Sunday the 10th of March , the King directed a Letter , subscribed with his hand , making mention that it was not his Will that the Parliament should hold , for divers Causes , but discharged the same by the Tenor thereof : And therefore commanded all Prelats , Earls , Lords , Barons , Commissioners and Barrowis , and others that are warned to the said Parliament , to depart from Edenburg within three hours next after that Charge , under the pain of Life , Lands , and Goods , except so many as the King by his special command caused to remain ; which Letter was openly proclaimed at the Market-Cross , and fully obeyed . The Gates being locked , the King being in his Bed , the Queen's Majesty walking in her Chamber , the said Lord Ruthen took air upon the lower Gate , and the privy Passages : and at the King's Command , in the mean time , Davie was hurled down the steps of the Stairs from the place where he was slain , and brought to the Porter's Lodg ; where the Porter's Servant taking off his Clothes , said , This hath been his Destiny ; for upon this Chest was his first Bed when he entred into this place , and now here he lieth again , a very ingrate and misknowing Knave . The King 's Whiniard was found sticking in Davie's side after he was dead ; but always the Queen inquired of the King where his Whiniard was ? who answered , that he wit not well : Well , said she , it will be known afterwards . On the morrow , which was Sunday , March 10. the King rose at eight of the Clock , and passed to the Queen's Majesty's Chamber , where he and she fell to reasoning of the Matter proceeded the night afore , the one grating on the other till it was ten a Clock , that the King came down to his Chamber ; and at his coming from her , she desired him to let all the Ladies and Gentlewomen come unto her ; which the King granted , and at his coming down shewed the same to the Earl of Morton and Lord Ruthen , who were not contented with the same ; and shewed the King , that they feared that the Queen's Majesty would traffick by them with the Lords , and all other that would do for her , like as it followed indeed : For instantly her Majesty wrote some Writing , and caused them to write others in her Name to the Earls of Argile , Huntly , Bothwel , Athol , and others . After that the King had dined , on Sunday he passed up to the Queen's Majesty's Chamber , where the Queen made as she would have parted with Barn , and caused the Midwife come and say the same . So her Majesty complained that she could get none of the Gentlewomen to come up to her , Scots nor French. The King sending this word to the Earl of Morton and Lord Ruthen , all were let in that pleased . At the same time the Queen's Majesty thought that the Lord Ruthen would do her Body harm , and sent Iohn Simple , Son to the Lord Simple , to the said Lord Ruthen , to enquire what her Majesty might lippen unto in that behalf : Whose answer was , that he would no more harm to her Body , than to his own Heart ; if any Man intended to do otherwise , he should defend her Majesty Body at the uttermost of his Power . And further the said Lord said , her Majesty had experience of his mind in that Night's proceeding , when he suffered none come near her Majesty to molest and trouble her . The said Iohn Simple brought this Message to the said Lord Ruthen at two of the Clock Afternoon , on Sunday , sitting then in the King 's utter Chamber at his Dinner . At four of the Clock the King came down to his Chamber , where the Lord Ruthen shewed him that the Queen's Majesty was to steal out among the throng of the Gentlewomen in their downcoming , as he said he was advertised . So the King commanded him to give attendance thereto ; which he did , and put certain to the Door , and let no Body nor Gentlewoman pass forth undismuffled . After , about 7 or 8 of the Clock , the Earls of Murrey and Rothes , with their Complices , came out of England , and lighted at the Abbey , and were thankfully received of the King ; and after certain communing , the Earl of Murrey took his Good-night of the King , and passed to the Earl of Morton's House to Supper . Immediately thereafter , the Queen's Majesty sent one of her Ushers , called Robert Phirsell , for the said Earl of Murrey ; who passed to her Majesty , whom she received pleasantly , as appeared ; and after communing , he passed to the Earl of Morton's House again , where he remained that Night . At this time the King remained communing with the Queen's Majesty , and after long reasoning with her , she granted to lie with him all Night , he coming to her Chamber , and putting all men out of his utter Chamber , except the Waiters of his Chamber , and made a complaint that her Gentlewomen could not go forth at the door undismuffled at the King 's coming down . He shewed the said Earl of Morton , and Lord Ruthen , the whole manner of his proceedings with the Queen's Majesty ; which they liked no way , because they perceived the King grew effeminate again ; and said to him , we see no other but ye are able to do that thing that will gar you and us both repent . Always he would have the said Earl and Lord to rid all the House , conform to the Queen's Majesty's desire ; which they did , and the said Lord Ruthen passed and lay in the King's Wardrobe : and after he was lien down , George Douglass came to him , and shewed him that the King was fallen asleep . The said Lord caused George to go to wake the King ; and after that he had gone in twice or thrice , finding him sleeping so sound , he would not awake him . Thereat the said Lord was very miscontented ; the King slept still till six in the morning , that the Lord Ruthen came and reproved him , that he had not kept his Promise to the Queen's Majesty , in lying with her all that Night . His answer was , that he was fallen on such a dead sleep that he could not awaken ; and put the blame to William Tellor one of his Servants that permitted him to sleep . But always , said he , I will take my Night-gown and go up to the Queen . The said Lord Ruthen answered and said , I trust she shall serve you in the Morning as you did her at Night . Always the King passed up , being Monday the 11th of March at six of the Clock , to her Majesty's Chamber , and sat down on the Bedside , she being sleeping , or at least made her self so , and sat there by the space of one hour e're she spake word to him . Then when her Majesty waked , she enquired of the King , why he came not up yesterday night conform to his Promise ? He answered , he fell in so dead a sleep , that he awaked not afore six . Now , saith he , am I come , and offered to lie down beside her Majesty ; but she would not suffer him , for she was sick , and said , she would rise incontinent . Then the King fell in reasoning with her Majesty towards the returning of the said Lords-that were banished , and forgiving of them all Offences , and likewise for the slaughter of Davie : and as appeared to him , her Majesty was content ; for the King came down to his own Chamber at eight of the Clock very merrily , and shewed the said Earl of Morton , and Lord Ruthen , the proceedings betwixt him and the Queen's Majesty : who answered him , and said , all was but words that they heard . For look how ye intend to perswade her Majesty ; we fear she will perswade you to follow her Will and Desire , by reason she hath been trained up from her Youth in the Court of France , as well in the Affairs of France as Scotland , in the Privy Council . Well , said the King , will ye let me alone , and I will warrant to dress all things well . And after that the King had put on his Clothes , he passed at nine to the Queen's Chamber , where he reasoned of many things with her Majesty : And at his returning to his Dinner at eleven , he declared to the Earls of Murrey and Morton , Lords Ruthen and Lindzay , that he had dressed the Queen's Majesty ; that the said two Earls , and Lord Ruthen , should come to the presence of the Queens Majesty , and she would forgive , and put in Oblivion all things by-past , and bury them out of her Majesty's mind , as they had never been . The said Earls and Lords answer'd , that all that speaking was but policy ; and suppose it were promised , little or nothing would be kept . Always the King took freely in hand , and bad them make such Security as they pleased , and the Queen's Majesty and he should subscribe the same . And then after Dinner the King passed up again to the Queen's Chamber , where the Midwife was made to come to him , and said , that the Queen would not fail to part with Barn , if her Majesty went not to some other place where there were more freer Air ; and in like manner divers of the Lords said the same . And the King returning to his Chamber at three Afternoon , declared the same to the said Earls , and Lord Ruthen : And in the mean time in came the French Doctor , who declared to the King , that it was unable to the Queen's Majesty to eschew a Fever ; which if she take , she will not fail to part with Barn , without she were transported from that place to some better aired place . After they were departed , the King inquired of the said Earls and Lords , what they thought of their speaking ? Who answered , they feared all was but craft-and policy that was spoken and done . Always the King would not trow the same , and said , that she was a true Princess , and that thing she promised , he would set his life for the same . And between four and five Afternoon , the King passed to the Queen's Chamber , and took the Earls of Morton , Murrey , and Lord Ruthen with him ; and after they had come to the Queen 's utter Chamber , the King went in and left the Lords , to know her pleasure , whether her Majesty would come out of her utter Chamber , or if the Lords should come into her Majesty . She took purpose , and came out of the utter Chamber , led by the King ; the said Earls and Lords sitting down upon their Knees , made their general Oration by the Earl of Morton Chancellor , and after , their particular Orations by themselves . And after that her Majesty had heard all , her answer was , that it was not unknown to the Lords , that she was never blood-thirsty , nor greedy upon their Lands and Goods , sithence her coming into Scotland ; nor yet would be upon theirs that were present , but would remit the whole Number that was banished , or were at the last dead ; and bury and put all things in Oblivion as if they had never been ; and so caused the said Earls , Lords and Barons , to arise on their Feet . And afterwards her Majesty desired them to make their own Security in that sort they pleased best , and she should subscribe the same . Thereafter , her Majesty took the King by the one hand , and the Earl of Murrey by the other , and walked in her said utter Chamber the space of one hour ; and then her Majesty passed into her inner Chamber , where she and the King appointed , that all they that were on the King's Party , should go forth of the place after Supper . The King coming down to his Chamber afore six of the Clock , the Articles which were the Security that were on the King's Party , were given by the Earls of Murrey and Morton , and Lords Ruthen and Lindsey to the King , to be subscribed by the Queen , which the King took in hand so soon as he had supped to be done ; and he desired the said Lords to remove themselves out of the Palace , to that effect , that her Majesty's Guard and Servants might order all as they pleased . The Lords answer was to the King , You may well cause us to do that thing that is your pleasure , but it is sore against our wills ; for we fear all this is but deceit that is meant towards us , and that the Queen's Majesty will pass away secretly and take you with her , either to the Castle of Edenburg , or else Dunbar . And here the Lord Ruthen protested , that what end followed thereupon , or what Blood was shed for the same , that it should come upon the King's Head and Posterity , and nought upon theirs . The King said , he should warrant all . So they departed and took their leave of the King , and passed all forth of the Palace of Holyrood-house to the Earl of Morton's House , where they supped ; and after Supper directed Mr. Archibald Douglass to the King , to see if the Queen's Majesty had subscribed the Articles of the Lords and Barons Security . The King gave answer , that he had let the Queen's Majesty see them , who found them very good ; and because she was sick and going to her Bed , she delayed the subscribing of them to the morning ; and immediately after Mr. Archibald returned to the Lords with answer . The Laird of Traquair Master of the Guard made an Arrant to the Earl of Murray to see what the Lords were doing , and after he was departed , the whole Earls , Lords , and Barons , with Gentlemen , passed to the Town of Edinburgh to their Beds , believing surely the Queen's Majesty's Promise , and the King 's . The same night about one a clock after midnight , the Queen's Majesty and the King with her , went out at one Back-door that passed through the Wine-Cellar ; where Arthur Erskin the Capt in of the Guard , and other 6 or 7 persons , met her Majesty with her Horses , and rode toward Dunbar ; and on the morrow , which was Tuesday , the 12th of March , the Lords hearing how the Queen's Majesty was departed , and taken the King with her , convened the Earls , Lords , Barons , and Gentlemen , and after the matter was appointed , enquired every man's opinion , which concluded all to remain in the Town of Edinburgh , till such time they might send some Noblemen to her Majesty for performance of the Articles promised for their security ; and to that effect sent for the Lord Simple , and desired him that he would pass to Dunbar with a Writing of the Lords , which he granted to do , and received the same , with a Copy of the Articles that the King received before , and promised to do his utter diligence to get the same immediately sped , if it were the King and Queen's Majesties pleasure so to do . After the Lord Simple's coming to Dunbar , having presented the Lords Writing to their Majesties , he was evil taken with the Queen's Majesty , who caus'd him to remain three days ; he reported at his returning , that there was no good way to be looked for there , but Extremity to the Earls , Lords , and Gentlemen , who had been at the Slaughter of David , notwithstanding her Majesty's promise made before . At that time her Majesty being in Dunbar , wrote to all Earls , Lords , Barons , to meet her in Haddington Town the 17th or 18th of March , and likewise directed universal Letters , charging all manner of men betwixt 60 and 16 to be there , day and place aforesaid , being in Arms in fear of War ; and also sent divers charges to the Lord Eskin Captain of the Castle of Edenburgh , to shut up the Town , unless the Lords departed out of it . In this time it was declared to the Earl of Murray , that if he would sue Address to the Queen's Majesty , he would obtain the same , who shewed the same to the Lords , who counselled him to write to her Majesty to that effect ; which he did , and received her Majesty's Answer with certain Articles . In this time the Earl of Glencarn and Rothes took their Appointment of the Queen's Majesty . The Earl of Morton , Lord Ruthen , and remanent their Complices perceiving that the Queen's Majesty was willing to remit the Lords banished into England and Argyle , and bare her Majesty's whole rage against them that were with the King at the Slaughter of Davie , thought best to retire themselves into England under the Queen's Majesty of England's Protection , till such time as the Nobility of Scotland their Peers understood their Cause : for they have done nothing without the King's Command , as is before mentioned , and doubt not but their Cause shall be found just and honest whensoever the same be tried ; and lament the extream handling contrary to Order and Justice , that they may not compear for fear of their lives ; in respect that her Majesty hath caused a Band to be made , and all Earls , Lords , and Barons that resorted to her Majesty , to subscribe the same , that they shall pursue the said Earl Morton , Lord Ruthen , and Lindsay and their Complices with Fire and Sword ; which is against all Order of the Law : And on Saturday the 22d of March her Majesty hath caused to be summoned the said Earl of Morton , Lords Ruthen and Lindsay , the Master of Ruthv●n , Lairds of Ormyston , Brinston , Halton , Elvelston , Calder , Andrew Carr of Faldomside , Alexander Ruthen Brother to the Lord Ruthen , Patrick Murray of Tippermure , William Douglas of Whittingham , Mr. Archibald Douglas his Brother , George Douglas , Lyndzay of Prystone , Thomas Scot of Cambysmichet , of Perth , William Douglas of Lochleven , Iames Ieffert of Shreffal , Adam Eskin Commendator of Camskinnel , Mentershfear of Kars , Patrick Ballenden of Stenehouse Brother to Justice Clerk , Patrick Wood of Conyton , Mr. Iames Magil Clerk of Registers , with others , to compear before her Majesty and secret Council within six days , under the pain of Rebellion , and putting them to her Horn , and eschetting and bringing of all their moveables Goods , the which like Order is not used in no Realm Christened ; nor is it the Law of Scotland of old ; but new cropen in , and invented by them that understand no Law , nor yet good practise : and how her Majesty hath handled the Barons of Lothian our Brothers , it is known ; and in likewise our poor Brethren of Edinburgh , Merchants and Craftsmen , and how they are oppressed by the Men of War God knoweth , who will put remedy hereto when it pleaseth him best : and how the Lords and Barons Wives are oppressed in spoiling of their Places , robbing of their Goods without any Fine for the same , it would pity a godly Heart . And where her Majesty alledgeth , that night that Davie was slain some held Pistols to her Majesties Womb , some stroke Whiniards so near her Crag , that she felt the coldness of the Iron , with many other such like Sayings , which we take God to record was never meant nor done ; for the said Davie receiv'd never a Stroke in her Majesty's presence , nor was not stricken till he was at the farthest Door of her Majesty's utter Chamber , as is before rehearsed . Her Majesty makes all these Allegations to draw the said Earl Morton , Lords Ruthen and Lindsay , and their Complices , in greater hatred with other foreign Princes , and with the Nobility and Commonalty of the Realm , who have experience of the contrary , and know that there was no evil meant to her Majesty's Body . The eternal God who hath the rule of Princes Hearts in his hands , send her his Holy Spirit to instruct her how she should rule and govern with Clemency and Mercy over her Subjects . Written at Berwick , day of March 1565. Buchanan , Fol. 211. IN the first place * she took care that the Body of David , which had been buried without the Doors of the next Church , should be removed by night , and placed in the Sepulchre of the last King and his Children : Which unworthy and unexempled Action , gave further occasion to disadvantagious Reports of her . For what , said they , can be a more manifest Confession of her Adultery , than to make ( as far as in her lies ) a sordid Villain , who had nothing commendable in himself , nor had done any thing useful to the Publick , equal in the last of all Honours paid to Men , with her Father and Brothers ; and ( which seemed yet to be almost a great Indignity ) to put an impure Fellow , Raskal , as it were , into the Arms of the late Queen Magdalen de Valois ? In the mean time she never ceased from menacing her Husband , deriding him with bitter raillery , and using the utmost of her Power to extinguish his Authority with all Men , and to render him as contemptible as she could . Strict inquiry was made concerning the slaughter of David : Many of those who were suspected to be concerned , were banished to different places ; more were fined in Sums of Mony , and some who had hardly any part in the Action , and for that reason thought themselves secure , were punished capitally with death ; for the principal Persons engaged in that Affair , had either escaped into England , or concealed themselves in the mountainous Countries of Scotland . All Offices of the Magistracy , and Places of Trust , were taken away from every one who was in the least suspected , and conferred upon their Enemies . And a Proclamation was published , forbidding men to say that the King had any knowledg or part in the death of David : But this , notwithstanding the publick Calamities , was entertained with a general Laughter . In April following , these Disturbances being a little calmed , the Earls of Argile and Murrey were receiv'd into Favour , the Queen retired into the Castle of Edinburg , ( the time of her lying in approaching ) and on the 19th of June , a little after nine , she was brought to bed of a Son , who was afterwards called James the 6th . Equinoctialem . It was reported that one John Damiette a French Priest , who was accounted a Magician , had often admonished him ( David ) that having got much Wealth , he should be gone , and so secure himself from the hatred of the Nobility , who were too strong a Party for him ; and that his answer was , That the Scots were more ready to talk than to fight : And that a few days before his death , being advised to beware of the Bastard ; he said , That so long as he lived , the Bastard should not have such Power in Scotland as to cause him to fear : He thought the Earl of Murrey was meant by that Name . But whether this Warning was fulfilled , or eluded , so it was in fact , That George Douglass , a Bastard of the Earl of Angus , gave him the first Wound . Buchanan , L. 17. FINIS . Notes, typically marginal, from the original text Notes for div A57983-e160 * To the Earl of Murray . * Author of the following Relation . † The Duke of Guise , and Cardinal of Lorrain . Notes for div A57983-e5240 * The Queen . 
A58731	----	A proclamation, discharging the payment of the rents of the bishopricks to any, but the persons named by the council Proclamations. 1689. Scotland. Sovereign (1689-1694 : William and Mary) 1689 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A58731 Wing S1774 ESTC R214013 99826250 99826250 30647 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58731) Transcribed from: (Early English Books Online ; image set 30647) Images scanned from microfilm: (Early English books, 1641-1700 ; 1800:13) A proclamation, discharging the payment of the rents of the bishopricks to any, but the persons named by the council Proclamations. 1689. Scotland. Sovereign (1689-1694 : William and Mary) William III, King of England, 1650-1702. Mary II, Queen of England, 1662-1694. Scotland. Privy Council. 1 sheet ([1] p.) printed at Edinburgh, and re-printed at London by G. Croom for Thomas Watson, [London : 1689] Originally published: Edinburgh : Printed by the heir of Andrew Anderson, 1689. Reproduction of the original in the Guildhall Library, London. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Scotland -- Church history -- 17th century -- Early works to 1800. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , Discharging the Payment of the Rents of the Bishopricks to any , but the Persons named by the Council . WHereas the Meeting of the Estates of this Kingdom , in their Claim of Right , of the Eleventh of April last , that Prelacy , and the Superiority of any Office in the Church , above Presbyters , is , and hath been a great and insupportable Grievance to this Nation , and contrair to the Inclinations of the Generality of the People , ever since the Reformation ; And that their Majesties , with Advice and Consent of the Estates of Parliament , have by their Act of the Date the Fifth day of July last bypast , abolished Prelacy , and all Superiority of any Office in the Church above Presbyters : And His Majesty considering the Prejudice it may be ▪ to His Interest , if sit Persons be not appointed to look after , and receive the Rents and Emoluments , particularly those consisting of Tithes , which formerly did belong to the Bishops . Hath therefore signified His Royal Pleasure , That the Lords of His Majesties Privy Council should give Warrand to Alexander Hannlion of Kinkell , for Drawing and Uplifting the Tithes and other Rents of the Archbishoprick of St. Andrew , he giving sufficient Security for his faithful Performance of his duty in the said Office ; and hath also lest it to the Council to appoint sit Persons for Drawing and Uplifting the Tithes of other Bishopricks for this present Cropt and year of God 1689 , that none concerned suffer prejudice : Except the Bishoprick of Orknay , which His Majesty is resolved to have Uplifted with the Rents of the Lordship . And the saids Lords of the Privy Council having in obedience to ▪ His Majesties Commands , Nominat and Appointed fit and qualified Persons for Drawing of the Tithes , and Uplifting of the Rents formerly belonging to the Bishops , Deans , or any other Person of superior Order and Dignity in the Church above Presbyters ; And least before the time that some of them can be able to come to this place , and find Caution for their faithful discharging of that Trust , and make Intimation of their respective Commissions to uplift the saids Rents for the said Cropt and Year of God foresaid , to the Persons lyable in Payment thereof , The Teinds and other Rents of the Arch-bishopricks and Bishopricks , and other foresaids may be Imbazled , and Intrometted with by Persons who have no Right thereto ; Therefore the saids Lords of Privy Council , in their Majesties Name and Authority foresaid , Prohibite and Discharge all and sundry Heretors , Feners , Life-renters , Tacks-men of Teinds , Tennents and others whose Teinds were formerly in use to be drawen , and who were lyable in Payment of any Rent or Duty to the saids late Arch-bishops or Bishops , or others foresaids , to draw or suffer their Teinds to be drawen , or from Payment of any Rental-Bolls , Feu , Blench or Tack-Duties , and other Rents , Casualities and Emoluments , formerly payable to the saids late Arch-bishops , Bishops , and others foresaid , except to such Persons as shall be authorized by the saids Lords of Privy Council for uplifting thereof ; with Certification to them , if they do any thing in the contrary hereof , they shall be lyable therefore , notwithstanding of any pretended Discharge that may be Impetrat or Obtained from any other Person or Persons for the said Cropt and Year of GOD foresaid . And Ordains these Presents to be Printed and Published by Macers of Privy Council at the Mercat Cross of Edinburgh , and by Messengers at Arms at the Mercat-Crosses of the Head-Burghs of the other Shires within this Kingdom , that none may pretend Ignorance . At Edinburgh , the Ninteenth day of September 1689. Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Secreti Concilii . GOD Save King WILLIAM and Queen MARY . 
A58735	----	A proclamation for adjourning the Parliament from the first day of March next, to the eighteenth day of the said month Scotland. Privy Council. 1690 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58735 Wing S1812_VARIANT ESTC R225835 07984969 ocm 07984969 40739 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58735) Transcribed from: (Early English Books Online ; image set 40739) Images scanned from microfilm: (Early English books, 1641-1700 ; 1212:14) A proclamation for adjourning the Parliament from the first day of March next, to the eighteenth day of the said month Scotland. Privy Council. [1] p. Printed by the Heir of Andrew Anderson ; Reprinted by G. Groom, Edinburgh : London : 1690. "By order of the Privy Council." Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Privy Council. Scotland -- Politics and government -- 1689-1745. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION FOR Adjourning the Parliament from the First day of March next , to the Eighteenth day of the said Month. Edinburgh , the Eighteenth day of February , 1690. Whereas his Majesty , by his Royal Letter of the Date at Holland-house , the Thirtieth of November last bybast , Authorised and Required the Lords of his Privy-Council , to issue forth a Proclamation in his Name , Continuing the Adjournment of this Current Parliament till the First day of March next : And that the Council have in obedience to His Majesty's Commands , and in His Name , and by virtue of His Royal Authority , Declared the same Parliament Current , and Continued the Adjournment thereof until the said First day of March next : And His Majesty having signified by his Letter , to the Lords of tne Privy-Council , of the Date at Kensingtoun , the Thirteenth day of February , One thousand six hundred and ninety years , that many great and urgent Matters , which concerned the good of the Protestant Interest , and the well of these Kingdoms , did necessitate his Majesty to continue the Adjournment of the , parliament in this Kingdom for some longer time , and hath thereby Authorized and Required the saids Lords , to issue forth a Proclamation in his Name , continuing the Adjournment until the Eighteenth day of the said Month of March next . Therefore the Lords of the Privy-Council , Do in his Majesty's Name , and by his special Command and Authority , Declare the said Parliament Current , and continues the Adjournment thereof until the said Eighteenth of March next : And Require and Command the Lyon King at Arms , and his Brethren Heraulds , Macers of Privy-Council , Pursevants , Messengers at Arms , Sheriffs in that part , conjunctly and severally , that incontinent these Presents seen , they pass to the Mercat-Cross of Edinburgh and remanent Mercat-Crosses of the Head Burghs of this Kingdom , and there in his Majesty's Name and Authority foresaid , by open Proclamation , make Intimation of the Continuation of the said Adjournment , from the First day of March next , to the Eighteenth day of the said Month ; Requiring hereby all the Members of Parliament to attend that Day , at Ten a clock in the Forenoon , in the usual way , and at the ordinary place , and upon the accustomed Certifications , For doing of all which , the saids Lords commit to them conjunctly and severally his Majesty's full Power by these Presents , delivering the famine by them duely Execute and Indorsed again to the Bearer . Extracted by me , GILB . ELIOT , Cls. Sti. Concili . GOD save King WILLIAM and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of Privy-Council . Reprinted at London by G. Croom , at the Blue-Ball in Thames-street , 1690. 
A58742	----	A proclamation for calling out heretors and free-holders to attend the Kings host Edinburgh, the seventh day of June, 1679. Scotland. 1679 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58742 Wing S1847 ESTC R26231 09398497 ocm 09398497 42961 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58742) Transcribed from: (Early English Books Online ; image set 42961) Images scanned from microfilm: (Early English books, 1641-1700 ; 1315:11) A proclamation for calling out heretors and free-holders to attend the Kings host Edinburgh, the seventh day of June, 1679. Scotland. Scotland. Privy Council. 1 broadside. Printed by the heir of Andrew Anderson, Edinburgh : 1679. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Politics and government -- 1660-1688. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , For calling out Heretors and Free-holders to attend the Kings Host . EDINBURGH , the seventh day of June , 1679. Forasmuch as the Insurrection in the Western Shires , is grown to an open Rebellion , and that the number of these desperate Rebels do increase so , that all His Majesties loyal Subjects in their several Shires , ought timeously to look to their own security , and put themselves in a posture to defend . the Kings Authority , and to oppose all attempts of desperate and wicked Rebels ; And albeit His Majesties Privy Council have already issued forth their Orders for drawing forth the Militia Forces , Horse and Foot in several Shires , and appointed particular days of Rendezvous , and upon such occasions may require all sencible persons , betwixt sixty and sixteen , to rise for suppressing of these Rebels ; yet at this time , they have thought sit only to call out and require the Regiments of the Foot Militia , in the Shires aftermentioned ; and all Heretors and Free-holders , who are sencible persons , and their Servants and followers , to come out upon Horse-back ; And for this cause , to forbear to require the Militia-Troups , in these Shires under-written , at this time , notwithstanding of the Orders already issued forth , in so far as concerns the Horse Militia alanerly : And do hereby Require and Command all Heretors and Free-holders , who are sencible persons , with so many of their Servants and Followers as they can bring on Horse-back with Arms , within the Shires of Edinburgh , Linlithgow , and Peebles , Haddingtoun , Stirling and Clackmannan , Berwick , Roxburgh and Selkirk , Fife , Perth , Forfar , Kincardin and Marischals part of Aberdeen , Bamff ; and Errols part of Aberdeen , Ross , Elgin , Forres , Nairn , and this side of Ness , to conveen at the places and times after-mentioned , and to receive their Orders , and to be under the Command of the persons under-written , viz. Edinburgh to meet at the Links of Leith upon the eleventh day of June instant , and to be under the Command of the Lord Collingtoun ; Linlithgow and Peebles to meet at the Links of Leith the eleventh day of June instant , and to be under the Command of General Dalyell ; the Shire of Haddingtoun to meet at Beinstoun-Muire , the eleventh day of June instant , and to be under the Command of the Viscount of Kingstoun ; Stirling and Clackmannan to meet at the Town of Stirling , and from thence to march to the Links of Leith upon the eleventh day of June instant , and to be under the Command of the Lord Elphirgstoun ; Berwick to meet at Fogo-muire upon the eleventh day of June instant , and to be under the Command of the Earl of Home , and in his absence , his brother Charles Home ; Roxburgh and Selkirk , to meet at Ancrum-Bridge upon the sixteenth day of June instant , and to be under the command of the Lord Elibank , and the Laird of Stobbs , who are to command according to the devision of the Militia Troups ; Fife to meet at Coupar . the twelfth day of June instant , and to be under the command of the Lord Newark ; Perth to meet at Perth , the thirteenth day of June instant , and to be under the command of the Marquess of Montrese , and such persons under him as he shall appoint ; Forfar to meet at Forfar , upon the thirteenth day of June instant , and to be under the command of the Earl of Southesk ; Kincardin and Marischals part of Aberdeen , to meet at Aberdeen Links upon the nineteenth day of June instant , and to be under the command of the Earl of Aboyn ; Bamff and Errols part of Aberdeen , to meet at Turress upon the nineteenth day of June instant , and to be under the command of the Earl of Kintore ; Elgin , Forres , Nairn , and this side Ness , to meet at Forres upon the twentieth day of June instant , and to be under the command of the Earl of Murray , and in his absence the Lord Duffus ; Ross to meet at Chanry the twenty third day of June instant , and to be under the command of the Earl of Seaforth ; and ordains all the Heretors and Free-holders of the Shires benorth Forth , to march immediatly after the Rendezvous to the Bridge of Stirling ; and all the Heretors and Free-holders of the Shires on the south side of Forth , to march after the Rendezvous to the Links of Leith , there to continue till further Order : With full power , to them to seize upon all disaffected persons , and in case of resistance , to use them as enemies , within their respective bounds , or such as shall be suspected to be going out of the Shire to the Rebels : With power likewise to the saids Commanders to appoint Officers under them , to command in the several Divisions of the Shires above-mentioned ; Ordaining hereby the respective Commanders aforesaid , to cause publick Proclamation and Intimation to be made hereof to the respective Shires under their command , at the several places already appointed for the first dayes Rendezvous of the Militia , that the saids meetings may be punctually kept : Cerrifying hereby , all such Heretors and others foresaid as shall not come out upon Horse-back themselves with their best Horses and Arms , with so many of their servants and followers as they can bring out upon Horse-back , they shall be lyable to the pains and penalties provided by the Acts of Parliament , against such as do not attend the Kings Host , or desert the same , and looked upon as disaffected persons , and savourers and compiyers with Rebels , and pursued and punished accordingly . And ordains these Presents to be Printed , and Published at the Mercat Cross of Edinburgh , and other places foresaid , that none pretend ignorance . Tho. Hay , Cl. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1679. 
A50890	----	A true and plain account of the discoveries made in Scotland, of the late conspiracies against His Majesty and the government extracted from the proofs lying in the records of His Majesties Privy Council, and the high justice court of the nation : together with an authentick extract of the criminal process and sentence against Mr. Robert Baillie of Jerviswood / extracted by command of His Majesties most honourable Privy Council of Scotland ... Mackenzie, George, Sir, 1636-1691. 1685 Approx. 247 KB of XML-encoded text transcribed from 36 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50890 Wing M210 ESTC R19774 12172850 ocm 12172850 55475 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50890) Transcribed from: (Early English Books Online ; image set 55475) Images scanned from microfilm: (Early English books, 1641-1700 ; 817:22) A true and plain account of the discoveries made in Scotland, of the late conspiracies against His Majesty and the government extracted from the proofs lying in the records of His Majesties Privy Council, and the high justice court of the nation : together with an authentick extract of the criminal process and sentence against Mr. Robert Baillie of Jerviswood / extracted by command of His Majesties most honourable Privy Council of Scotland ... Mackenzie, George, Sir, 1636-1691. Baillie, Robert, d. 1684. England and Wales. Privy Council. [2], 61 p. By Thomas Newcomb, for Susanna Forrester ..., Reprinted at London : 1685. Reproduction of original in Huntington Library. Ascribed to Sir George Mackenzie. cf. NUC pre-1956. "The tryal and process of high-treason and doom of forfaulture against Mr. Robert Baillie of Jerviswood traitor" has special t.p. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trials (Treason) -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688. 2004-03 TCP Assigned for keying and markup 2004-04 SPi Global Keyed and coded from ProQuest page images 2004-06 Judith Siefring Sampled and proofread 2004-06 Judith Siefring Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion A True and Plain ACCOUNT OF THE DISCOVERIES Made in SCOTLAND , Of the Late CONSPIRACIES Against His Majesty and the Government . Extracted from the Proofs lying in the Records of His Majesties Privy Council , and the High Justice Court of the Nation . TOGETHER With an Authentick Extract of the Criminal Process and Sentence against Mr. Robert Baillie of Ierviswood . Extracted by Command of His Majesties most Honourable Privy Council of Scotland ; And Published by His Majesties Command . Reprinted at London , by Thomas Newcomb , for Susanna Forrester in Kings-Street Westminster . 1685. A true and plain Account of the Discoveries made in Scotland , of the late Conspiracies against His Majesty , and the Government . THE King's Majestie having , on certain great considerations , indicted a Parliament , to hold at Edinburgh , 28 of Iuly 1681. Did render that Meeting the more illustrious , by nominating His Royal Brother Commissioner , to represent His Majesty in it . The Fanatical Party , who let no occasion slip , to promove their Designs , and to disturb the settled Government , did at this time , use all their endeavours , to have as many of those infected with their principles , elected Commissioners for the Parliament , as the little power and Interest they had in the Nation could procure , and even where they could not hope to succeed , they had the insolence to attempt , thereby pursuing closly what they constantly design , that is , pertinaciously to disturb , where they cannot alter , and to found a Reputation to their Party , by much noise , though to little purpose . At the time of meeting of the Parliament , their first consult was to strick at the Head , and by invading the Right of the Monarchy , to pull it down so far , as to have the King , in the Person of His Commissioner , subjected to the same Rules and Inquisitions , with other subordinat Members . The King by His Laws , having prescribed Rules to those who Serve Him in that Great Court , and Council : They , according to the Laws of their Leagues and Covenants , propose that the Parliament should prescribe the same to the King , consonant enough to their beloved Design of Co ordination in Power . Had this succeeded , they with this one Blow , had overthrown the Parliament , by laying the Commissioner aside : But as men oft-times design bold Treasons with abundance of Resolution , yet are frighted from the Execution , by the danger , as well as ugliness of the Crime , So this insolent Resolution dar'd not shew its Face , being strangl'd by their own Fears . And seeing they could not dissolve the Parliament , they , in the next place , resolv'd to disappoint the Design of it ; and indeed , if the maintaining of an unjust Interest could warrand the action , they had reason so to do : For the Fanatical-Party having , by their own great industry , and the supine negligent● ( to say no worse ) of these Trusted by the King , to suppress them , not only kept up , but encreased their pernicious Brood ; So that they began to appear formidable , both to the King and the Countrey : and one of their great Hopes , whereby their Party increased , being founded on the short continuance of the Supply granted by the Nation , for maintaining the Forces , they could little doubt , but that all Loyal Subjects would not only continue , but also further augment them , rather then leave the Seditious , in a capacity to disturb the Government . Therefore , as a necessary expedient to preserve Fanaticism , they resolved by all possible means , to hinder any continuation of the Supplie . But they soon found , that the Votes of their Party had neither number nor weight . These well-natur'd Subjects , finding that they could not disappoint , thought it convenient to perplex ; and since they could not do what they would , they resolv'd to do all they could . And albeit the late Earl of Argile , and some others , who were under too great obligations to the King's Majesty , and His Royal-Highness , to appear on the side of their Friends in the good old Cause ; whilst the opposition was so bare-fac'd , and the hope of success so little . Yet lest their little Flock should be discouraged , they began then to animat them the more close , and ( as they thought ) undiscern'd methods . And now the Cause being in an apparent decay , they labour'd to refresh it , with its first milk , the Pretence of Religion . Wherefore a new Security for Religion was proposed ; And albeit our Laws had formerly provided , what was necessary for this ; yet it could not be expected that those , who aimed at debate for Religion , should rest-satisfied with what settled it . So the Doctrine of the Church , the Canons of Councils , and the Laws of the Kingdom being all lookt upon as nothing : Argyle , Sir Iohn Cochran , Salton , the Earl of Tarras , Philiphaugh , Stairs , Gallowsheils , and others of that Crew , would needs provide a greater security than these afforded ; and indeed it was congruous for those who were tainted with new Doctrines , to desire new Sanctions : For this end they pressed a Committee , for drawing an Act to secure the Protestant Religion , which was no sooner proposed then granted ; accordingly a Committee was appointed , consisting for the most part of West-countrey men , who upon short deliberation prepared a long Act , which at its first appearance in the Articles , was soon discerned to be an Invasion upon the Prerogative , under the name of a Defence for Religion , and not to have many more Lines than Incroatchments upon the Royal Right : whereupon it was rejected ; and in place of it a general and plain Ratification of all the former good Laws , which had past for security of the Protestant Religion , was drawn , approven , and acquiesced in , by the Parliament . But Fanaticks are not of a temper to give over , for notwithstanding of this good Law , Murmurings were heard , Clamors were raised , and open Protestations were made for f●rther security in Religion . Wherefore a new Committee was appointed , for preparing an Act to be drawn from the proposals for that end . The Party which clamored for the Protestant Religion ( but in effect intending good Offices to the Fanatical party ) did seek after what conduc'd to their by-ends , which as they were easily discovered , were as soon rejected : Argyle , Sir Iohn Cochran , the Earl of Tarras , Stairs , Philiphaugh , Gallowshiels , and their adherents fall at last on an expedient , as they thought insuperable by the Kings Servants , and which would force them on the Dilemma of opposing Religion , or the Soveraignity . In the first Year and Parliament of King Iames the sixth , when the differences betwixt Queen Mary and many of the Nobility were in their greatest hight , and she forc'd to resign her Government , being a Prisoner ; there were several Acts past in that , and some subsequent Parliaments , which incroached on the Prerogatives of the Crown , the King being then an Infant ; and amongst others , that wherein the Confession of Faith was insert , had in it several Clauses altogether extrinsick to a Confession of Faith , for which that Act by its Title was chiefly design'd : And tho these Acts and Clauses which derogated from the Rights of the Crown , were often rescinded , or corrected , and the Prerogative fully vindicated in many succeeding Parliaments : yet these who intended more disturbance to the State , nor security for Religion , took occasion after their other Proposals were rejected , to offer the renewing of the said Act of the first Parliament of King Iames the sixth , as an expedient for securing the Protestant Religion , as it is there profess'd ; concluding , that if that Act were renewed , it would derogate from the pesterior Laws , which corrected what related to the Prerogative ; or if the renewing of it were refus'd , they might take occasion from that refusal , to impose on the People , that the Kings Commissioner and the Parliament design'd not the security of the Protestant Religion : But the Parliament defeated both these Projects , by taking into the Test not that Act , but the Protestant Religion contained in it ; for the Parliament was far from reviving , much less for inserting in the Test any part of that Act , which did incroach on the Royal Prerogative , the Episcopal Government , and Policy , or whatever was extrinsick , or contradictory to the Protestant Religion contained in it . This , as all other disappointments , incited rage in those who resolved not to be satisfied ; and those pretended Patrons of the Protestant Religion , will overturn it , and tear the securest Test that could be made for it , rather then permit , that Monarchy and it should stand together ; and finding that this Test , as it did absolutely secure the Protestant Religion , so in just consequence thereof , it knocked Fanaticism on the head : Therefore to work they fall against it , with all the force of their imaginations ; and none appeared more violent then those who formally with undiscreet violence had press'd it , whilst they hop'd to invenom it , with a mixture of the poison of the Covenant . But 'mongst them all , none acted with more industry , or more malice , then the late Earl of Argile , who being by Education and Choice sufficiently Fanatical , yet having dissembled it for a while , thereby to keep himself in the Government , and to draw it to a concurrence in his particular designs , and oppressions , whereby he kept a great Estate , defrauding all Creditors , and bringing many Families to beggary ; he found this Parliament pry a little into these Mysteries , for they having made some motion in doing right to the Earls of Errol , Marischal and Strathmore , whose Estates were exposed for Argiles Debt , whilst he enjoy'd his own Estate , without owning a relief to them : Therefore , albeit in the beginning of the Parliament , he professed a fervour for carrying on of the King's Service , yet ( his zeal to the Old Cause , being prick'd on by this Invasion of his new Right ) in the course of it , none was so active , or used more indirect ways to disappoint it . But being over-power'd by the Loyal Members , who were Ten to One of the dis-affected ; albeit he , and other Sticklers , were allowed to word the Test at their pleasure , and did accordingly add to it all those Clauses which since hath given pretences of scruple to many who have refused it ; yet no sooner was the Session of Parliament adjourned ; but the said late Argile industriously , first at Edinburgh , and afterward in traversing several Shires , did insinuate all the prejudices he could devise against the Tenor of the Test : Thereby endeavouring ( and not without some success ) to increase the dissatisfied Party , and fit the Nation the more for Cumbustion : So passing home to the Shires of Argile , and Tarhet , he fix'd the Clergy and Laity thereof in these seditious Sentiments . Thereafter he returns to Edinburgh , giving it out openly , that he would not take the Test ; but to make his refusal the more malicious , proposes to his Royal Highness , and those of the Government , that he might be allowed to take it with his own Explanation , which Exposition he put in Writ , and dispersed it ; being of that Tenor and Contryvance , as to cast all the Obligations therein loose , making his Fancy the rule of his Religion , and his own Loyalty the standard of his Allegeance , according to which he was only to ty himself . His Majesties Commissioner , and the Council , being well informed of his seditious Carriage , both in City , and Countrey , and fully confirmed in their Judgments , of his malicious Design in this his Paraphrase on the Test ; and finding that thereby he had not only perverted the Sense of his Majesties Laws , contrary to their true Meaning and Intention ; but that he had endeavoured to shake the People loose from their Allegeance , and make all Obligations thereto illusory : and that by these Methods , he did with boldness and impudence , found a Schism in the Church , and Faction in the State , publickly owning them in the face of Council : On which grounds he was most justly pursued by the Kings Advocat , before the Soveraign Justice Court , and there by Learn'd Judges , and a Jury , not only of his Peers , but many of them his nearest Relations ; his Accusation was found relevant and proven , and judged a sufficient ground to infer the Pains appointed by Law for Treason . Albeit his Father had been one of the most obstinate , and most pernicious Rebels against the Royal Family , and that he himself had been educated in these Principles , and had entered early into those Practices : and albeit it be notourly known , that his private Discontents and Debates against his Father , and the penury to which those had reduced him , were the Motives which made him joyn with Middleton in the Hills , bringing no Power with him to that Army , and acting as little in it ; but by assuming the Honour of what was acted by M●naughton : and that at last he was instrumental to break that Party by Faction ; which though this was clearly discerned by Middleton at the time , yet he judged fit to dissemble it , both for encouraging the High-landers , and giving reputation to His Majesties Affairs , upon which account also at Argiles , then Lord Lorn's earnest suit he did give Testificates to him of his own wording , which those of undoubted Loyalty did not require , and indeed were only useful to such whose Actions and Principles needed vindication ; yet under pretence of these , together with the great Assistance of the Duke of Lauderdail , having attained to so immense Donatives from His Majesty both in Estate and Dignity , it was not easie to believe , he should retain that hereditary Malignity , at least to such a degree as to become an open Rebel ; but the Ethiopian cannot change his Skin ; for albeit the Kings Majesty , and his Royal Highness were so far from any resolution of taking his life , that he was allowed all freedom in Prison , even after he was found Guilty ; and that no further prejudice was design'd to him , than to take from him those Jurisdictions and Superiorities , which he and his Predecessors had surreptitiously acquired ; and were used by him and them to destroy many honest and considerable Familes , sometimes by stretches of Law , and at other times by Violence and Force , but always under shelter and pretence of these Jurisdictions : And that some reparation might have been made to his just Creditors , and some Donatives to those , whom he and his Father had formerly rob'd and destroy'd , for their Fidelity and Loyalty to their King : And the Super-plus ( if any were ) was intended for his Lady and Children ; which was the hight of Clemency , there being indeed more Debt upon the Estate then the whole of its value : Yet being more conscious of his own Guilt then his Prince did apprehend , he dar'd not rely upon that Clemency , whereof he had tasted so plentifully ; but abusing the favour of his open Imprisonment , for verifying of his other Crimes , he added this one , of breaking the Prison , and flying from the Laws . No King but ours could after all this think of favouring his Family , but His Majesty will not only favour but restore , and before it was known that the late Argile had more Debt then Estate , in a Royal Largese , He gifts more to his Children by thrice then their Father could lawfully give them , had he never been Forsault . Could it have been thought that any Christian , or Gentleman , could have been guilty of Ungratitude to so benign and bountiful a Prince ; and yet that the late Earl of Argile , did after the receiving so many Favours , and the profession and boasting of so much Loyalty ; not only enter in a horrid Conspiracy for rising in Arms , but gave at least courage by his bold Undertakings to those who conspir'd the murther of His Sacred Majesty , and his Royal Highness ; and this Conspiracy does demonstrate what was his meaning in that Paraphrase upon the Test , which Fools and Knaves have justified as very Loyal and Orthodox . But with what forwardness Argile and others did enter into a Conspiracy for overturning the Monarchical Government , destroying the sacred Person of the King , and of his only Brother , and for pulling Ruine upon the three Kingdoms by a Civil War , the evident Proofs of unsuspect Witnesses , and the concurrence of many authentick Papers and Documents with these Depositions , will not only sufficiently prove , but amount to the quality of a Demonstration , all the pieces being considered together ; and with what earnestness he acted , doth evidently appear from these following Evidences . For shortly after Argiles escape , information was given from the West that he had caused secure the Militia Arms of Argile and Tarbet Shires , as also a considerable quantity of the Kings Arms were given to him in Trust , besides a little Magazine which he had of his own , and some pieces of Cannon , and that he had employed some Merchants to bring Arms from abroad to be landed securely in some of his remote High-land Castles . And upon inquiry , one William Campbel Master of a Ship at Newport-Glasgow was found to be conduc'd for this end , as his Deposition taken before some of the Officers of State doth clearly evince . Edinburgh , the last day of August , 1682. IN presence of the Lords Chancellor , and Advocat , William Campbel Skipper at Newport-Glasgow , being examined upon Oath , Depons , That in March last he was fraughted by Iohn Campbel Merchant in Glasgow for Norway , France , or elsewhere , for three Months certain , conform to a Charter-party produc'd by him ; and about that same day he having desired to know what could be his prospect of his Voyage to Norway with so small a Ship and Loading , he refused to tell him till he were at Sea , and being at the back of the Lews a day or two after they set off , the said Iohn Campbel then said , now Skipper I will tell you the design of our Voyage , which is to go to Norway and loaden Dails , and out of that to Amsterdam and buy Arms , and to take in the same to Cairnbulg ; and the Deponent having asked him what he would do with these Arms there , he answered , may not my Lord come to his own again , and have use for them ; and the Deponent understanding these Arms were to be made use of against the King , the Deponent answered , that when he was made Burgess of Dunbartoun there was an Oath taken of him to be true to the King , and the present Government , as it is established ; and upon the Deponents refusal to comply with him in the said Voyage , he got the Ships Company upon his side , who beat and abused the Deponent ; and having gone from that to Norway , he behoved to suffer all the Voyage ; there being no Justice in these remote Places where he came to , from which , being upon their Voyage to Holland , the Ship was by Providence cast away , for which they blam'd the Deponent , as having done the same wilfully . And this is the Truth , as he shall answer to God. Sic subscribitur Will. Campbell . G. GORDON Cancell . Edinburgh , the 14 of Ianuary , 1685. IN presence of the Secret Committee , the said William Campbel being re-examined , adheres to his former Deposition ; and further Declares , that he offered to the then Lord Chancellor , to apprehend the said Iohn Campbel ; but the Chancellor made no answer to him , but whispered the General in the ear ; and he heard afterwards that the said Campbel had escaped . And this is the Truth , as he shall answer to God. Sic subscribitur Will. Campbel . At the same time Surmises were heard , from amongst the Fanaticks from all parts , of Argiles intention to land in the West with Arms , and to raise that Countrey , and to joyn with the Western Shires ; and in Summer 1683 , Gordon of Earlston being apprehended at Newcastle , the Papers taken with him , and his own Depositions made upon Oath in Scotland did give good grounds for suspition of some imminent Design , which apprehensions were raised by a little accident which happened at the time ; for upon the first noise of the discovery of the Conspiracy in England Earlston being in Prison in Edinburgh Tolbooth , the Keeper came in to visit , him ; who found him asleep ; but he awakening at the time , the Keeper told him that now the Conspiracy was broke out : How ( says Earlston ) is Argile then Landed ? of which expression the Keeper having given notice to some Councellers , Earlston was examined upon the meaning of the expression , who plainly confess'd , that both in England and Holland he had information of Argiles buying of Arms with intention to land in Scotland , and that at the same time he was informed that the English were to rise in several places of England . Alexander Gordon of Earlston his Deposition , before a Committee of His Majesties Privy Council , and two of the Iustices . Edinburg , the 25 of September , 1683. Sederunt . Privy Counsellors . The Earl of Linlithgow . Lord Livingston . Lord President of the Session . Lord Collington . Lord Castlehill . Justices . Lord Pitmedden . Lord Harcarss . The Earl of Linlithgow elected Praeses . ALexander Gordon being further interrogate upon the Interrogators given in anent the Conspiracy in England , Declares , That the first time he heard of any design of rising in Arms , was at the time when the competition was anent the Sheriffs at Midsummer was a year , and then he heard the Duke of Monmonth was to head the Rebels , and this he had from Iohn Nisbet and one Mr. Murray a Scots man then at London , and declares that in Ianuary last the declarant being in Holland , he heard by general report that the late Earl of Argile was to raise some thousands of High-landers to assist the Rebels in England by making a diversion , and was to get a Sum of Money for that effect , and that in March last he having received a Letter in Holland from Iohn Nisbet then in London , he came over to London , where he met with the said Nisbet and Murray , who told the Declarant , they design'd to rise presently in England , and to Rendezvous in six or seven places at one time , particularly at Coventry and London , and that they computed several thousands in York-shire who were to joyn with them ; that Murray desired the Declarant to go along with him to meet with the late Lords Russel and Gray , and the Lord Wharton , ( but of Wharton they said they were not very sure , being a fearful man ) and with Mr. Ferguson , and spoke of several old Officers of Cromwels that were to be there , but the Declarant not being for the present rising , shunned to meet with these Persons , or any of them ; and both Nisbet and Murray told the Declarant , that Sir Iohn Cochran was with them , and heard from these two Persons , that both the Cessnocks were concerned in that Business : As to the Letter written by Io. N. of the 20 of March , and directed for the Declarant at Rotterdam , declares that Iohn Nisbet wrote the said Letter , and that under the Metaphor of Trade throughout the whole Letter , is meaned the design of rising in Arms and a Rebellion , and that by the word Dispatching the old rotten Stuff , is meaned either the excluding the Sectaries from joyning with them , or destroying the Government , both Civil and Ecclesiastial , which last the Declarant supposes rather to be the meaning of the words ; and that by the Factors are meaned their Emissaries for carrying on the Rebellion ; and for that strange thing that was to fall out that Week or the next , the Declarant thinks is meaned the suddain muster of the Rebels ; In the close of the Letter which says , Things are full as high as I tell you , is meaned that the Rebellion was instantly to break out ; And having met with Iohn Nisbet after his coming from Holland , the said Nisbet explained to him , that the Sense of the said Letter was , as is above-said . As to the little Letter direct to the Declarant under the name of Pringle , of the second of May 168● , declares that the name of the Subscriver , which is blotted out , was so blotted before it came to his hand ; but by the Contents of it , he knows it is from one Robert Iohnstoun , a Tennent or Vassal to the Lord Gray on the Border , and that the Traders and Trading there spoke of , is the design'd Rebellion ; and that the said Robert Iohnstoun offered to come into Scotland with the Declarant to have seen some of our dis-affected People here , and to have met with them ; and that A. Y. mentioned in the said Letter , which the Letter says laboured to undervalue the dis-affected Party in Scotland , which he calls your Goods , is the name of Andrew Young , who stays about Newcastle , whom he supposes to be a suspected person , because he was afraid Collonel Struthers would apprehend him ; and that he supposes the way that that Letter came to his hand , was from some person that was at a Meeting at Tweeds-moor about that time , where were present several of these People that had Commission from the several Districts , but he himself was not at that Meeting . Sic subscribitur Al. Gordon . Linlithgow I. P. C. Follows the Letter direct b● Jo. N. which was found upon Earlston . London 20 March , 1683. Sir , ON Saturday last I had the occasion of seeing a Letter from you , directed for Mrs. Gaunt , in whose absence Mrs. Ward had received it , at the reading of which I was not a little troubled , considering my full resolutions signified to you in my last ; for effectuating of which I had spoke for Passage , and taken my farewel of Mother Gaunt , she going into the Countrey : And that very Week I was set upon by that Gentleman with whom I stay , and Io. Iohnston with some others to stay but a Moneth , and if that did not accomplish somewhat in hand to help Trading , then I should be no longer detain'd ▪ After I was prevailed to retract so far , I ordered Io. who had time at command , to give you an ample account of matters ; and withal Io. was desired by our Friends from Scotland to stand here in my place the like engagements of secrecy , &c. being taken , and thereupon I ordered him to shew you the grounds of my staying , and to desire if you inclined to cross the Water to come this way , but since many are the confused , yea troubled thoughts that have possessed me for yielding , concerning which , 〈…〉 my yielding to it , take the subsequent account . In my last , or it precedent to it , I shewed you that Trading was very low here , and many breaking , which has made the Merchants ( such as they are ) to think that desperate Diseases must have desperate Cures ; and while they have some Stock , it will be better to venture out , than to keep Shop and sit still till all be gone , and then they shall not be able to act , but let all go : Which resolution I thought a thing not to confide in , seing the most of them are Fire-side Merchants , and loves not to venture where storms are any thing apparent . But about my departing they shewed the model of Affairs in such order , that I see venture they must , and venture they will ; whereupon 〈◊〉 first demanded how our Trade would be carried on . Answer , they knew well what Goods had proven most prejudicial to the Trade , and therefore they thought to insist upon Negatives , in which whatever I proposed is assented to , as I find ▪ and thus they thought best to still some Criticks in the Trade : And by this means first to endeavour the dispatching the old rotten Stuff before they order what to bring home next . This lookt somewhat strange to me , but when I consider all circumstances , I think they for themselves do best in it : For our Merchants I made account only to have had some stock for to set the broken ones up again , and so bid them here fare-wel , and they to try their way , and we ours ▪ Since they think fit that some of these whom we have found ( as you will say , when you hear them named ) treacherous dealers in our Trade , consulted , and accordingly have done : Whereupon I fear , or rather hope that our Merchants , tho broke , will rather desire to live a while longer as they are , than joyn with such , &c. to advance the Trade ; unless surer grounds of their fidelity be gotten , the● is , or can be expected , and this is the bottom of all my sorrow . But to proceed , I find ( if all hold that is intended ) that they think it is almost at a point to set forward , if they had their Factors home , who are gone to try how the Countrey will like such Goods , as they are for , or against the making sale of . Friends , I mean Merchants , wrote to me , that after I had spoken to you , possibly you might come this way , the better , thereby to advise them what to do in this case , for I have signified somewhat of it to them , but not so far as this , because I thought to have seen you long ere this time : But I hope you will not misconstruct of my staying , seing in it I designed nothing but advancement of our Trade ; but once this Week these Factors sent for will be here , and then matters will in instanti , either off or on , break , or go thorow . Wherefore in reference to Friends , I desire you will advise me what to do , if you cannot , or think it not convenient to come here ; if you do , let a Letter preceed , and if any strange thing fall out this * Week or the next , I will again post it towards you ; I think when this and the next Week is gone ( and no News come from you ) that I shall set forward , being still so ready , as that in 12 hours I can bid adieu : The Whiggs are very low as well in City as in the Suburbs , all Meetings being every Sunday beset with Constables to keep them out , and what they get is stollen , either at evening or morning . This Winter many of the great Bankers and Goldsmiths in Lombardstreet are broken and gone ; The Ba●tam Factory in the Indies is taken by the Dutch ; Confusion , Confusion in Town and Countrey , such as you never saw . Mrs. Ward and several others desire to be remembred to you . My endeared respects to your self and B. with the young men arrived . This I have writ in short , and in hast , expecting a Line with as great hast as you see is needful , for Matters are full as high as I tell you . Farewel . From your Friend and Servant , while Io. N. Postscript . Be sure that you direct not for Bednal-green ; but for me at Mr. Mead's in Stepney , near London . By this time the Conspiracy had broke out in England , and by the Papers sent down from the Council-board there to the King's Officers in Scotland ; it was plain , that Argile and some other Scotsmen had joyned in the Conspiracy , as appears by what follows . The Abstract of the English Depositions . THomas Shephard on the 29. of Iune 1683. deposed , That Mr. Ferguson told him of an General Insurrection intended in England and Scotland , and that in order to it , Sir Iohn Cochran , Mr. Baille of Ierviswood , Mr. Monro , Sir Hugh Campbel , and Sir George Campbel of Cesnocks ▪ were come up to treat with the Englishmen about it , and that Argile had made a Proposition , offering for 30000. pound to begin the Rebellion in Scotland , and to raise a great Force ; and ere it were undone , he would begin with 10000. That Mr. Baillie of Ierviswood told him frequently , what Steps were made in this , and that the Lord Russel , &c. had agreed to raise 5000. pound , and that they expected the other 5000. pound to be raised in the City , which failing , the Scots-men were to go beyond Sea , and that Baillie told him , he had advised the Earl of Argile to accept of this 10000. Pound , and that he would remit it into Shepards hand , and that Mr. Charleton had undertaken to raise the 10000 pound . The said Shepard declares , that he spoke with Commissar Monro sometimes of this Money , and that Sir Iohn Cochran knows of it also , and that Monro complained to him that it was too little , and that the delay of paying it would ruin them all : On the 24. of August , the said Shepard declares , that Baillie did send Carsteres to him , to speak further of these things , and that Sir Iohn Cochran did also regrate the delay in payment of the Money , all this the said Shepard deposes upon Oath ; as is contain'd in his Deposition repeated in the following Process , Page 23. MAjor Holms declares , That he knew from Mr. Carstares , that some person proposed the raising of 30000. pound to be given to Argile for buying of Arms , towards his going into Scotland , and that 10000. pound was agreed upon , that the Duke of Monmouth and Lord Russel , did send him word by Carstares , that the Money was to be remitted to Argile for the said end , and that he the said Holmes had writ so much to Argile at Carstares desire , that Argile did send to him many Letters in Cyphers , and that Mr. Spence knew how to direct them , that he shew'd some of Argiles Letters to Carstares , and that Carstares had often spoke to him , both in the Coffee-House and Exchange , about Argiles going into Scotland , to carry on the Conspiracy : that he cannot Decypher the long Letter marked Number 3. nor can he positively say to whom it was directed , but was to have been carried by Carstares to Ferguson , and by him to the other chief men concerned in the Design : That the Letters marked Number , 2 , is from the Countess of Argile to her Husband , and that the Letter marked Number 5 , was from Argile to his Lady , which he knew by a Mark on the back ; That Spence went by the name of Butler , and that the late Earl of Argiles Letters were direct to him by Spence , That Castares told him , the persons concerned had condescended to give 10000. pounds to Argile , that he did so write to Argile , and that Argile had writ to him , that 30000. pounds was the least he could accept of ; This was given in by Holms on the 3. and 7. of December , 1683. ZEchariah Bourn on the 10. of December 1683. before Secretary ▪ Ienkins deposeth , That Mr. Baillie did sit up a Night or two with Mr. Ferguson in the Deponents House , and that they went several times to the Managers of the Conspiracy , that Ferguson told him their main Business with the Conspirators was , for getting 10000. pound promis'd to promove the Insurrection in Scotland , and that Baillie was the chief man in it next to Argile , that Ferguson told him he was to go over with the Bills of Exchange , and that Argile was to command the Scots . RObert West declares , That Ferguson told him that Argile would raise a sturdy Commotion in Scotland , if he had but 6000. pounds ; that Cessnock , Sir Iohn Cochran , and other Scots , were come up to London , under pretence of treating for Carolina ; but in truth to consert matters for a Design in Scotland . ON the 29th of Iuly , 1683. Hepburn , a Scots Vagrant Minister declared , that he knew by several Hands and Persons , that there was a Plot , and a rising intended both in Scotland and England . All these Depositions were taken in England , except Earlstons and Campbels . After this , one Mr. Spence , who past under the name of Butler , being apprehended there , was sent to Scotland . Major Holms declared , that Spence did pass under the name of Butler , that he came over from Holland with a Cargo of Argiles Books , to disperse them , that he landed at Harwich , that he could open Argiles Letters , and was the person who directed many of Argiles Letters to him . These Proofs , with what occurr'd in England , were sufficient to convince all men of the Truth of this Conspiracy ; but the perversness of Fanatick humors will neither admit of Confession nor Amendment : For albeit the Evidence did fully convince Juries and Judges : albeit Parties confess Associations and Resolutions to amend the Government in their own Methods : albeit some acknowledge designs to surprize the Kings Guards , others to have a Parliament called ( whether the King will or will not ) to judge of the Government ; and severals with great remorse reveal their own resolutions to murder the Sacred Person of the King , and his Royal Brother , and they adhering to this Confession ; yet Fanaticks will neither believe it , nor allow others to do so , but with unheard of Impudence treat so weighty a matter in Ridicule , as if they who before had acted all , which now could be feared should be now esteem'd incapable to fall in the like Actions , albeit they openly avow the same Principles : and bold Pamphleters adventure to impose these clear Proofs as apert Falshoods upon the credulous World , and too many were so ill minded as to believe them . But it 's hoped , that what follows will convince all good Men of the truth of what was discovered , and silence all Libellers , if Darkness must give place to Light. AT the time of the Discovery of the Conspiracy in England , several Letters , with two Keys for opening some mystical Words contain'd in them , were found with Major Holms and others , which Letters were known to be Argiles Hand-writ , by those who were acquainted with it , and afterwards being confess'd by the said Holms to be so ; they were considered in England , and some imperfect Decyphers made of some of them there : many of which Letters , with the Keys , and these Decyphers were sent down to Scotland ; but they appeared so perplex'd , what with Cyphers , what with other secret Contrivances in Writing , as that some who then had the chief management of Affairs there , by their supine negligence made but little procedure in discovering them : Until a Secret Committee was appointed by His Majesty , who considering that those Letters might contain Matters of importance ; did apply themselves with earnestness to search into them ; but finding them very intricate , and that the Decyphers which were sent from England did open nothing to purpose : They employed one Mr. Gray of Crichie , and gave him for the first Experiment , that Letter written by the Lady of Argile to her Husband , thereupon to make an Essay , which indeed proved more uneasie to unfold , then any of the rest ; yet with much travel , he did very ingeniously discover , First , that every Cypher was made up of two Figures , Next , That every Letter of the Alphabet was denoted by three different Cyphers , which were promiscuously used in one and the same Word ; As likewise that there was Mute-figures mix'd in with many Words , the more to confound the Discoverer : so that upon application of the triple Alphabet , hereafter set down , to this and several others of the Letters ; it was found to open them exactly . Of which first Discovery Mr. Gray having given an account to the Lords of the Secret Committee , they found it evident , and appointed the rest of the Letters , the English Keys , and all other Papers relating to that Business to be given him for his help in further Discoveries ; all which being considered , it was observed , that the middle Alphabet of that triple one found out in Scotland , was the same with that found out in England , which was made use of by Argile himself in his Letters ; yet his way of using it in his Writings was so perplex'd by the interposition of a great many Mute-figures , that tho the Key was found out there , yet some of the Letters could not be opened : And in full evidence of this first Discovery , the said Letter is afterward set down , both as it was written in the Cypher , and also as it was Decyphered , to which is added the triple Alphabet , the Warrand thereof . The Letter from the Countess of Argile to her Husband . Marked Number 2. 87887886804482 , the 9 2315. 788982. I Came here on Tuesday , where I found 70 4686442881788878 82●6 , 44 8444868817 81 81818382 44817026464482 4386 and the 70438983437088 , 4 , 8023261886 of the 874487182382 all the 8023261327 came 174426 to see 29 , 75 and 25 and ●6 came with 29 43 came by an 2326131426 with all 151815 442618282326 and 43 82268984 , I never saw 75 so 8944311413 for 43 12298228561032. We hear of a great Circuit Court hath been at Stirlin , there were three Shires met there or 4. and M. of M. and the Kings Troop , and E. B. came with the Herotors of Fife , and his Troop . M. of M. went to Glasgow , but some of his Troop is at Stirlin , and there were some of them sent to to Edinburgh for an Prisoner they say they call Smith ; and Friday last the 8. of Iune , 50 of the Kings Troop came with that Smith the length of an place they call Inch-belly-bridge as they go to Glasgow ; there is they say a Moss , and near it a House and a Barn ; and as they came near the Barn 8 armed men fired at the Gentlemen of the Guard , and shot dead one Mr. Murray , he had one Shot in his Forehead , 3 in his Body , and one in his Shoulder ; and an other of the Gentlemen called Iohn Bannatine was shot thorow the Arm and Side , his Arm broken to Splinders , that he is dead before this time ; the Prisoner when he saw them , lighted off his Horse , and run to them , and got an long Gun from his Fellows and ran into the Moss , the Gentlemen pursued , but got none of them taken , but many is in pursuit of them . It 's a horrid way for any that bears the name of Christians to associat persons to Murder on the High-ways : There is an Story going here that there was a Ship put in to Newcastle which had some Box from Rebellious people in Holland , and when they came to Land , a Waiter came to search the Ship , and the Box was cast into the Sea , at which the Waiter called the Ship-Master to catch the Box as he would be answerable ; so it 's said , it was got and sent to the King , and that Io. Br. and some of L. St. Andrews Murderers was come to Scotland to make trouble , but I would hope such a Crew shall never get fitting here nor harbour . I must here bid you adieu , I use not to write so much News as this is . I got not writ last Week , because poor 70261217181412 is sick , and I will not 88868927888132201488142627 to every 2322 , I have got nothing done in my Affairs , our Trade goes ill on ; but 16231318172384 will 171420548144 to 111410261020 I am sorry I 121022132322232817182216 for 29 I am this far on my way to 18222914261022 and to see 81321318142617 I shall give 20 account when I come back , and I fear till then I will not get writ , for my Boy is sick . I sent the Letter to 20 211028 who I saw on Wednesday , 43 told me he had received yours ; but did not yet 261410131828 which I confess I thought a little strange , being at least 8 days with him 781822291828141343171826 to stay with 29 but 43 would not , but said 7819221429 it was not meet 151828 nor 874415 for 43 to 8032 at this 17232927182710181318 thought none would be so 1802 as to take that 182043121021 not , I said 75 never stood to shew his constant 19322243527427 to 29 and all that belonged to 43 20 21108820 is very 1129271814 17181426 doing that 43 18 hope hath no 242014272926 1822 and I hear , for 10 20 43 13232887 there is a 291026102213 to 20 121027281020171820 to get 43 24201012 but 2021 knows not yet ; there was 22 1429142627291217 29102619 as has 1114 2 2171426 it makes 10 20 in 15141026 some 272921 14211317 1426 for 27244419182216 with 1822281426122321 1422 1413 2418241420 the 27281820 of their 17232682 832181426 10 1623 75 hath so 27281819201413 for them all that hath procured 43 a great deal of love from the 12232228261032 and somewhat 142027 from others it 's the 2728261022161427●8 thing tho it could not 1114 24262329●422 they could not 161428 an 281127232029102814281820 they 2810ck the 88448788 and 241032 a 16261828 13181020 to 887081 468386434482 the 4280708619 who 16142827 too great 131420 of 2123221814 there was one here a 1514291426 of 29 that lives in 2710201422. that was most 292218292728203227293120221317181426 ii32 on 241028102228 for speaking 282614272322 I spoke to 2021 for 43 but none befriended 43 or appear'd for him but 75 who did 1126182216432315 , the 282614272322 was only good of 29 the other tho the favorit of the 1220102619 was 15292213 10 20321426 and Ja. 23201815102228 23 1i27232029141323 ii2928 1812292013 29261428 10 long Letter to 29 who I think 1710241814 1114 2328171426. Postscript . Let these News be known to your Scots Friends . This Letter Opened . Stirling the 9 of June I Came here on Tuesday , where I found a great Meeting , E. Perth , M. Mon. E. Marr. Gen. Dr. and the Advocat , four Lords of the Session ; all the Lords came here to see W. F. and Q. and R. came with W. D. came by an order with all Fife Heretors and D's Troop . I never saw F. so vexed for D. countrey ( here is in plain writing some Scots News till it came to this ) I got not Write the last week , because poor Archie C. is sick ; and I will not trust my Letters to every one , I have got nothing done in my affairs , our Trade goes ill on ; but God I hope will help me to bear all . I am sory I can do nothing for W. I am this far on my way to Inveran and to see my dear H. I shall give L. account when I come back : and I fear till then I will not get Write , for my boy is sick . I sent the Letter to L. Mat. who I saw on Wednesday , D. told me he had received yours , but did not yet Read it , which I confess I thought a little strange , being at least eight dayes with him , I invited D. here to stay with W ▪ but D. would not , but said I knew it was not meet , fit , nor safe for D. to ly at this House ; I said I thought none would be so ill , as to take that ill ; D. came not , I said F. never stood to shew his constant kindness to W. and all that belonged to D. L. Matl . is very busie here doing what D. I hope hath no pleasure in ▪ and I hear for all D. does there is a warrant to L. Castlehill to get D. place ; but L. M. knows not yet . There was never such work as has been here , it makes all in fear , some summoned for speaking with Intercommuned people the stile of their Horn. Eight years ago : F. hath so stickled for them all , that it hath procured him a great deal of love from the Countrey , and somewhat else from others , it s the strangest thing , tho it could not be proven they could not get an absolvitor , they take the Test , and pay a great deal to Tam Gordon the Clerk , who gets too great a deal of Money , there was one here a Feuar of W. that lives in Salen that was most unjustly summoned here by one Paton for speaking Treason , I spoke to L. M. for D. but none befriended D. or appeared for D. but. F. who did bring D. off . The Treason was only good of W. The other tho the favorit of the Clerk was found a liar , and Iames Oliphant absolved , O but I could write a long Letter to W. who I think happy be others . Postscript . Let these News be known to your Scots Friends . Nota , That after this Letter was Deciphered , the Letter D. which was denoted by the Figure 43 , could not be found out , until the Secret Committe appointed the Kings Advocat and Sir William Paterson , one of the Clerks of the Privy Council , to Examine the Countess of Argile upon the meaning thereof , who declared that it was no proper name , but wherever it was placed in the Letter , it stood for a Relative . The Clavis of this Letter D. stands for the relatives he , his , their , him , &c. W. stands for Argile , and his Lady , or me , yours , &c. L. stands for Lorn , conform to the Countess her Deposition . L. M. stands for Lord Maitland . F. Q. R. The Key of Words , whereof two Copies were found with Major Holms , one of them being Mr. Carstares hand Writ , and confest by him to be the Key of their correspondence , in which also there is an Alphabet different from the other three , for which as yet we have found no use ; the middle Column is thought only to be Mute Figures , to confound the design of the Key . So that one word is only set down for another , as Ker stands for King , Birch for England , Brand for Scotland , &c. King 40 Ker D. York 71 Corse D. Mon. 39 White E. Roch. 37 Whit E. Halifax 43 Whyte The Court 45 West The Council 50 Westli One of the Council 57 East The Torries 30 Westly The Whiggs 22 Brown The City 18 Wilson The Mayor 27 Watson Sheriffs 31 Brun Court of Aldermen 36 Baxter Common Council 35 Barker L. Russel 29 Weste E. Essex 32 Wilson Dissenting Lords 47 Browne Bishops of England 61 Wood The Clergy 65 Child Non-conformists 64 Chyld England 73 Birch France 72 Birche The States 44 Heart The Prince 38 Harwood Forces 17 Hal Horse 28 Hilyard Foot 90 Hickman 1000 of the one or — other , a tick after . his so many partners . and so forth a 100 — a stroak after , thus . his so many neighbours . Arms 75 Chylde Money 80 Hall 100 or 1000 lib Sterl . for the number 100 or 1000 , with a stroak , or tick , as above , but the 5 ves beneath , and the 10ths before , or a little figure underneath to mark the number . so many associats or sharers with him . Officers 81 Ramsey A General 88 Bareley Col. Sidley 96 Ramsoy Mr. Holms 53 Barclay Commissar Monro 59 Reid Sir Iohn Cochran 49 Rac Mr. Carstairs 74 Red Mr. Stewart 83 Harlay Mr. Athol 84 Harlaie Mr. Huntly 77 Ross Scotland 10 Brand Council there 92 Boid Chancellor 11 Calender Queensberry 15 Davidson D. Ham. 93 Boyd E. Argile 67 Forrest Scots Forces 66 Forret Scots Fanaticks 42 Goven Scots n. c. Ministers 13 Lands Scots Clergy 5 Menzies The West 6 Mason The High-lands 7 Wright The South . 9 Ma●son The North 95 Nairn Edenburgh 26 Ross The Castle 25 Masone Dumbareon 24 Thoms●n The East 20 Tomson The Scots Gent. 21 Grein The Gent. at Lond. 94 Gray The Borders 76 Menzies Ships for their number a figure added 99 Mr. Berrie A Garrison 98 Bierre Religion 48 Bass Popery 58 Sibbet Papists 51 Long Scots Nobility one of them a friend of h. 52 Sibit The Alphabet . a 12 b 14 c 16 d 19 e 23 f 28 g 29 h 33 i 34 k 41 l 42 m 46 n 54 o 55 p 56 q 60 r 63 s 68 t 69 u 70 v 78 w 79 x 82 y 85 z 86 & 89 An Addition in the Key , written by Mr. Carstares . Old Friend is Tome . Mr. Kiffin is Bishop . Mr. Cox is Crafts . Lock is Huxter . Cessnock is Cozens . Ierviswood is Ball. To surprize is to speak with . To land is to go to . To march is to deal . To make prisoner is to agree . To fight is to talk . To disarm is to help . To kill is to see . To give quarters is to ●ear . To overcome is to find . Here follows the Alphabetical Key , found out by the said Mr. Gray , which opened the Countess of Argiles Letter . a b c d e f g h i k l m n o p q r s t u w x y z ● 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3 34 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 The next Letter Decyphered by the foresaid Mr. Gray , answering exactly to the middle Alphabet of the said Key ; was a little one written in a Paper , and inclosed in a Letter to Mr. West , at Mr. Staples in South-wark Coffeehouse , in Bartholomew-Lane , London , dated the 24 of Iune ( the Letters direct to Major Holms being declared by Spence and Mr. Carstares to pass under this kind of Direction , ) which little Paper inclosed within the said Letter , here follows both in Cypher , and Decypher . A little Letter written by Argile , all in Cypher , and confounded with Mutes . 32674845254324512641443651404344692837●6545648575352394 456274744294857395053575822535340504852585764545956545357 445768584756484244516921564443575140434428545653545358485 8485352205345445944566●6758474852463251484647585744425956 443941564052436048584753595840415361645847445258534344405 0446048584741●8564247415958485848575253585840504948524660 485043534448586460474058485774405444524443524444435752535 8474852434456415958574753595043455956584744564451. The said Letter Decyphered . 32 67 If 25 D. 24 M. 26 be 36 made 69 28 37 26 Prison 39 er 27 he 29 is 39 lost 22 to all Intents and Purposes , 68 thrice M. 6921 Reds made 28 Proposition 20 of every 67 thing 32 might secure , 39 Brand without a Box , and then to deal with Birch , but it is not talking will do it , and what is hapened needs not hinder but should further ' em . This Letter was opened by the middle Alphabet before set down : so the significant Figures read thus in plain Writing . IF D. * M. be made Prisoner , he is lost to all Intents and Purposes , thrice Mr. Reds made proposition of every thing might secure Brand without a Box , and then to deal with Birch : But it is not talking will do it , and what is happened , needs not hinder , but should further ' em . By M. Red , Mr. Carstares is signified , Brand is Scotland , and Birch England , according to the Key of Words , which was found with Major Holms : Mr. Carstares Deposition insert in Ierviswoods Process will further inform as to the tenor and intent of this Letter . This Letter was writ in all probability after that he heard , that the Conspiracy was discovered ; for the plain Letter in which this Cypher was inclosed , seem'd to be a part of his Lamentations . The Letter follows . 24 Iune . Sir , I Have received yours 19 instant , with the inclosed , which is indeed sad ; yet God guides the World , and all will work to the end he intends , and what he purposes will at length prevail . I had newly read the first Treatise of the big Book you sent me , pray read the last Lines of the 3 d Chapter , Pag. 152 of that Treatise , and if you please some Leaves before , and the 20 that follows , he mistakes the calculations of the numbers of Years , but the matter looks as like our present Circumstances as any such thing can do , if the Party were alive he could say little more : What you writ will make me long to hear again : Our Scribe it seems is an unhappy man : Desire M. B. to buy me B. Vshers Prophecy , which I have seen in Print by it self ; and if it be possible to get me a Copy of that little Book you once lent me , wherein is a Speech I copied ; he may look for it . This Letter was also direct to Mr. West . By these two Letters , it appears ; That albeit by the Providence God the Conspiracy was discovered , and the Designs thereof defeated , yet nothing would either divert or deterr Argile from prosecuting so glorious a Work : For so he had promised before it was discovered , by several of his Letters ; as appears particularly by one direct to Mr. West , dated 19 Iune . Another adressed to Holms , marked n. 4. 19 Iune . Sir , THis Morning I received yours , 15 instant , but can say little till I meet with Mr. Red ; only you may be sure , it will not be a small matter will make me desert your Service , and especially no concerns of my own : and none shall be more sparing of your credite that understands the Trade . I doubt not after I have spoke with him , to convince you of what I shall then give you as my opinion , and leave the issue to God Almighty . I am very sensible of all your kindness to me , and of good honest M. L. pray return him my thanks : As for my other Friend that is the life of all , pray tell him I must once see him before I need that you offer to send me , it will be then time enough to dispose of it ; and if it be made use of , I hope he shall hear of it to his satisfaction : I perceive by it , he hopes well of me : It made me smile when I read your Letter : When I know that Mr. B. is with you I can write at greater length of all your Affairs . I will now long to hear how the last Parcel of Goods I sent you pleases the Merchants , they were long of coming , but I hope are not yet out of time , and what ever the fault is may be helped in the next Parcel . Adieu . Haste back . M. B. direct the inclosed by his advice . Directed . Mr. West , at Mr. Shepneys South-wark Coffee-House in Bartholomew-Lane . London . Here follows another Letter , marked number 5. direct by Argile to his Lady , of the same date , which was known by Major Holms , t● be f●r the Count●s● , by a particular mark upon the back of it , which he shew to his 〈◊〉 . Sir , THis is only to tell you that all your Friends here are in health ( God be thanked ) our news from England are very various and uncertain , and Mr. B. is gone to London , and to return in a Month , or less ; I doubt not he will write to you : I have heard nothing from 80 , nor 80 , 81. these six Months . Adieu . The Decypher of the said Letter· THis is only to tell you that all your Friends here are in health ( God be thanked ) our news from England are very various and uncertain , and Mr. B. is gone to London , and to return in a Month , or less ; I doubt not he will write to you : I have heard nothing from L , nor L , M. these six Months . This Letter is Decyphered by the aforesaid Alphabetical Key , and by the Countess of Argiles Deposition , the Letter L , stands for Lorn , and the Letters L , M , for Lord Maitland . MR. Gray of Crichie having considered these following Letters of Argiles , which after discovery , were found to comprehend the Designs more plainly , and finding such a perplex'd contexture and in-cohesion of the Words , as he had not observed , at any time before , in this way of Writing : He concluded it to be a work of very great difficulty to open them ; yet his success in former Discoveries , gave him encouragement to make an attempt . But in the mean time , having informed the Lords of the Secret Committee , that it appeared from the Postscript of the long Letter ( where Argile says , in plain Writing , that Mr. Butler ( which is Spence ) knows how to write to me , and understands my address , and to instruct you ; and if not , he had lost six hours work ) that the said Mr. Spence could do the business : And they finding , that what was already Decyphered , did give such evidence of a Conspiracy and Treasonable Designs against the King , and His Government , which being joyn'd with Earlstons Deposition , and the Letter taken upon him from Io. N. they judged themselves bound in Duty , to offer what was discovered to the consideration of his Majesties most Honourable Privy Council in Scotland , and thereupon , according to the Law and Practice of the Nation , did call before them the said Spence , and after all Arguments of perswasion and command were used , and these Passages in Argiles Letter , whereby it appeared he was instructed to open them , were represented unto him ; yet ( notwithstanding of his Duty and Alledgeance to his Prince , and that it was judicially declared , that what he Deposed , should not militate against him ) he still refusing to open the Letters , or to depon that he could not ; yea , not so much as to answer other Interrogators , which did arise from matter of Fact clearly proved against him . They afterwards proceeded to Torture , according to the custom of Nations , in the like Cases , which had its desired effect . For upon the day of August 1684 , he not only acknowledged that he was the Mr. Butler , or M. B. mentioned in Argiles Letters ; but also undertook to shew the way of reading the following Letters , to the then Thesaurer Deput , now Lord Secretary , and to the Lord Register , upon their promise not to divulge the same ( which accordingly they performed ) and so he gave in a Copy of the Letters opened . But Mr. Gray ( after some pains taken ) understanding from the Lord Register that all the Words of the Letters were significant Words , whereof he had formerly been doubtful ; there being of 1024 Words in the long Letter , 800 Monosyllab● , he did fall upon the way of opening these Letters , which not only did confirm the Sense Mr. Spence , had given of them ; but made it a Demonstration : so that by the way of Opening afterwards set down , the Matter was more clearly proved , then it could have been done by the attestation of many Witnesses : By which was discovered both the blackness of the Treason , and the great care taken for keeping it secret . For , 1. Things were express'd under new words : so that indeed upon the matter it is a New Language . 2. These Words were written in Cyphers . 3. This Cypher consisted of a Triple Alphabet . 4. Many Words were intermix'd with Mute-Cyphers . 5. In some of these Letters all the Relatives were express'd by Figures , as in the Lady Argiles Letter , the Figure 43 , or the Letter D , stands for the Relatives He , His , Him , &c. 6. That tho Mr. Spence was instructed to shew the way of reading the following Letters , yet he knew nothing of the purpose contain'd in them , all the material Words being in Cypher . 7. The words in the long Letter were so ordered , that 254 Words in course were interposed betwixt the 1 and 2 Word in Sense , and as many betwixt the 3 and 4 , and so forth to the last Word of the Letter : then beginning with the 2 Word there was 252 Words betwixt that and the next in Sense , and so forth till they came to the penult Word : again beginning with the 3 Word of the Letter , betwixt which and the next in Sense : there interveen'd only 250 Words , and so forward to the end . 8. In the short Letter 62 Words were interposed betwixt the first and second , and so to proceed as in the other . By which unequal destribution and gradual decresce of the interjected Words , the method of reading became the more mysterious and intricate ; But the way fallen upon by Mr. Gray giving so clear and convincing evidence of the Method , it leaves no ground of doubt concerning the Matter : For in the long Letter there being 8 Colums , and each Column containing ●28 Words , Argiles way of using them is , he begins at the head of the first Column , and proceeds to the foot of it , then beginning at the bottom of the second Column , he rises to the head thereof , thereafter begins at the top of the 3 Column , and goes on after that manner till he come to the upmost Word of the 8 Column , which tho it be last Word in order , yet it is but the 8 Word in Sense : Whereby all the Words were plac'd in their right Sense and plain view , as the Letter both in its Mask and Decypher doth clearly evince ; yet one Word being added or abstracted in the said order of the Words , the Letter should return to its first Chaos of Nonsense . The Letters follow , together with their Decyphers , and ways of opening . This is a Letter wherein Argile gives an account to his Confederates in England , of the proceedings of the Kings Ministers in Scotland , thereby endeavouring to disparage them , all written with his own hand . WEst much way daily at I i● with 69415358475944503322 then or 4253514857485352 or a if to 5644693941445057 at in 5744525844524244 of he cause other to keep and also did 58445240525357 persons any thing they of any if gave any Mr. M. did thereof knew these and relation 39505360435352 and go he 585644405862 any with any in or 3648525●445642●3 5159524445 he send Air to be 40504056514443 Sheils is as done extremities to them knew 3951485248575844 657 if 4056 51445●66 others any other and knew to if or to if persons of and imploy 384250445649 person him any thing others say they plea●e will to to of money out of him if their now he the 3157 457 52●349 he 233246504057465360 who who of person did or they or any to a here where any arrived the and you are 58●452445●58 you that others conversed since write to the was imployed and knew or present kept with going 446950 to the of for the perswade go be for fear found to or above that the 384●485642594858 go 6942 44●7525349 away drawn correspondence 4653●9445651445258 any of 4●●051485058●3 2 Mr. the 49485246●7 my or and with at had for of 48●2584456534640●85●5657 are as pre●dent is desirous things given 44 the privat or the if send 50 party person M. to any other and with and or or to 42535956●85453565844 5957 effect named disswade the to or money swear 5●444144 50●85352 any persons and roll to 332246504057465360 any the if any black 6053435738 place meeting the C. and for M. any they Rebels before meeting Stile L. in go what as , lib. ss . There rests just 32 — 8. The Decypher of the foresaid Letter , as it was done in England , with some amendments here , which answered exactly with the middle Alphabet , found out in Scotland . WEst much may daily at I if with 69 Bothwel 33 22 then or Commission or a if to Re - 69 39 bels at in Sentence of he cause other to keep and also did Tennents persons any thing they of any if gave any Mr. M. did thereof knew these and relation 39 London and go he treaty any with any in or 36 intercommuned he send Air to be alarmed Sheilds is as done extremities to them knew 3● Ministers if Arms 60 others any other and knew to if or to if persons of and imploy 38 Clerk person him any thing others say they please will to to of Money out of him if their now he the 31 Cessnock he 23 32 Glasgow who who of person did or they or any to a here where any arrived the and you are Tennent you that others conversed since write to the was imployed and knew or present kept with going E. 69 L. to the of for the perswade go be for fear found to or above that the 38 Circuit go 69 Cesnock away drawn correspondence Government any of Hamilton Mr. the Kings my or and with at had for of Interrogators are as President is desirous things given E. the privat or the if send L. Party person M. to any other and with and or or to Court Porteous effect named diswade the to or Money swear Rebellion any persons and Roll to 33 22 Glasgow any the if any Blackwoods 38 place meeting the C. and for M. any they Rebels before meetings Stile L. in go what as . lib. ss . There rests just 32 — 8 The Copy of the said Letter , as it was given in upon Oath by Mr. Spence . WEst-shields is arrived , the President is as much alarmed as any , and as desirous what may be done where you are ; things go daily to extremities ; here are Interrogators given in at Air to a Tennent of E. L. I send them to you for the Stile : If he knew any that had private Meetings with Intercommun'd Ministers , or others , at , or before Bothwel , or if they conversed with the Rebels then in Arms , or since ; and if they , or any others did write , or send any Commission with any person , to my L. M. or any other of the King's Party for a Treaty , and who was the person , and if he knew who imployed Mr. M. C. to go to Glasgow and Hamilton to the Rebels , and if he knew of any meeting at Lowdon , or Cesnock , or any other place in relation to the present Government , and Blackwoods Sentence , and if he kept correspondence with any of these persons now with-drawn , and if he knew of their going away , or the cause thereof , and if E. L. Cesnock , or any other did imploy him to go to Glasgow to Mr. M. Clerk of the Circuit Court , to keep any person out of the Porteous Roll , and gave him Money for that effect ; and also , if any of the above-named persons did any thing to perswade , or disswade any Tennents of others to go to the Rebellion , Persons they say will be found to swear any thing they please , for Fear , or Money . Follows the method or way of opening the foresaid Letter discovered by Mr. Gray , for further confirmation . The foresaid Letter set down according to the Method of opening before narrated . West - Sheilds is arrived the President is as much alarmed as any and as desirous what may be done where you are things go dayly to extremities here are Interrogators given in at Air to a Tennent of E. L. I send them to you for the Stile if he knew any that had privat meetings with intercomun'd Ministers or others at or before Bothwell or if they conversed with the Rebels then in Arms or since and if they or any others did write or send any Commission with any person to my L. M. or any other of the Kings Party for a Treaty and who was the person and if he knew who imployed Mr. M. C. to go to Glasgow and Hamilton to the Rebels and if he knew of any meeting at Loudon or Cessnock or any other place in relation to the present Government and Blackwoods Sentence and if he kept correspondence with any of these persons now with - drawen and if he knew of their going away or the cause thereof and if E. L. Cessnock or any other did imploy him to go to Glasgow to Mr. M. Clerk of the Circuit Court to keep any person out of the Porteous Roll and gave him Money for that effect and also if any of the above named persons did any thing to perswade or diswade any Tennents of others to go to the Rebellion persons they say will be found to swear any thing they please for Fear or Money . The long Letter written with Argiles own hand , which was address'd to Major Holms , and marked Number 3. 21 Iune . THo I cannot by this Post send you a full account of your affairs , yet I send you as much as may make you take measures what Bills to draw upon me , which I hope you will fully understand by Mr Bs. help ; the whole account amounted to several Pages ; but I only give you one to total , as sufficient . I gone so I and refuse object first you time much is way the our would of altogether concerned do upon absolutely do to do effectually as that it be to is at all be 335759424244575769 money 36 47575657 of and to 69224736535657 and they have is at be that no some their 2345535958 , &c. 50000 4548464758 part as against the but concurrence from be less nor like place and interest is small and power against need do bring which Birch that cannot time are out upon an 324753235657 to 56444256594858444367 projected meat very may little done the been Purse I to shall my lists ● to great venture they prospect provided have can willing God given conference week Brown I of things said some the now their my head guard mention 324344675748465257 things which to your hope some ago as over some if do spoke for of know and encouragement confer have and self be order resolve and to reckoning all and undertake honest or was far be Shooes undertaking many of to for purchase was as is the a possibly us of by force it tho so how the credite for time Birch and some greatest them concerned will for and to and 404843 station good may only the if more will if should expect tollerably standing and by and necessar the the more the hazarded to it 8 and think urge so necessar I the that so affairs have business very I possible of I send here against my till what little upon know not which money 25405748575840524244 I service any what shall resolve thee at did least effectually thought and far if business reckoned for still the there I or stuck you upon money by first sum if then Bills 26 435640465359525769455356424457 well that 3841444058 515950584858594357 need trouble something very a frighten the probably not 2000 the tho the once for and 575942 4244575735 will 4057 5748575840524244 and to money could foolish Browne many the not to Gods Brand besides stay Iob seat yet to proposed 322240565157 a deal the things as all once less any drink well on know I as pay whether never the received to any calculate about to that that the such with you I other I I for considerable be particular add I are of lest I but all have it Enemies to cannot to Friends made part I write wish may be service Mr. an whole there consider persons it when knowing any and payments to I it low shall little little meaning Intelligence thing out had which Tents usual whole with 673151485048584840 and by the more of if but the that blessing raise a 54565358445758405258 4753565744 can Virgins supply to call 485650405243 not keep imaginable tho them 4853485244 standing many number 25 4753565733 only at standing a 5159505848585943 first considerable with more can them Countrey 425351514052434443 in and there 40565157 it was Weeks half I so to at 600 think needs precise I the the it a within what requisite not Sum truly this grounds to say Mr. thing nor know they as hath the grounds occasioned I they both do is Red only let I distance in I half in I the little would 4057485758405242 first shall number very 1000 and the consider small confess them work proposed please cannot are 2000 Brand it 544453545044 the be 40565157 then be 40544440564852464640584744564443 little 455356424457 5758445650485244 have the but it will 455356574457 and as we yet together only it for buy it consider imploy better Interest small so to some 47535657 a future the to total the absolute of and designed and Wagons are but of proposed or and because what add as out meddle touch of I knowing Merchant there it that what is 40454 04856444058●4515458 Red I not but I of expect of up I enforce at be that should a is in considerable put I done this all have by the not to had before able will I if and a they have will is for 5753504348535956 shall necessars the or of if is is they very incident for the dayly not Cloaths necessar to there the necessar best of the 60405639 events little to hope 564454564457 many Sum were for so in we them more will in and it had any many yet be may all 51485048584840 and will it without and not but more got triple on is very 45535959 now be God and but is what a if odds it as near named not brush of not less power proposed an of thought my and go you in or resolved so I intend hear them our 45564844524357 to neither to will much till any the know on in proposition could what other I of could be the and be but that easie were I all differ was absolutely soon more to sent above at well right foot their together Provisions the suddenly that 404258485352 will take will of the be unwilling the will can at is get Brand not 40565157 no should the much their not and men the are be while do to advantage the husbanding for number is be for 5747534457 only to whole Provisions Charges good can to I I my meddle Money as freely for the and be es●ates do project all after see be I it such you all 47535657 the yet I distance to dare them direction Gods hands in on not prevent and have some help may from a a be pray very I I Necessars and that to a occasion prices the submit they but not own had made be do men some of Sum be necessar 47535657 such bestowed nothing they one it Money of Brand not to sent engaged whole with a concerned own Money next prove Money far then but some impossible first be be most to of 4744564858535657 20000 to up do tho there done case and yet number without hard appointed left 1200 like give will after necessar proposed as should leave hard had number I peremptor I 673347535657 stood possibly those thought juncture I do mention this as as mean other I as neither give know offer have Adieu . Gil. St. The total Sum is 128 8. which will be payed to you by Mr. B. Follows in plain writing on the back of the Letter . I have found two of the Books I wrote to Mr. B. were lost , I believe he hath the blew one , we have received his Letter , I have nothing more to say to him at present , I hope he knows how to write to me , and understands my Address , and to instruct you ; if he do not , I have lost six Hours work . Adieu . The Decypher of the said Letter as it was done in England , with some amendments since , which answers exactly with the middle Alphabet found out in Scotland . Sir , Iune 21. THo I cannot by this Post send you a full account of your Affairs , yet I send you as much as may make you take measures what Bills to draw upon me , which I hope you will fully understand by Mr. B's help ; the whole account amounted to several Pages ; but I only give you one to total as sufficient . I gone so I and refuse object first you time much is way the our would of altogether concerned do upon absolutely do to do effectua●ly as that it be to is at all be 33 success 69 Money 36 Horse of and to 69 2 H 36 orse and they have is at be that no some there 23 Foot &c 50000 sight part as against the but concurrence from be less nor like place and interest is small and power against need do bring which Birch that cannot time are out upon an 32 Ho 23 rse to recruited projected Meat very may little done the been pur●e I to shal my lists I to great venture they prospect provided have can willing God given conference week Brown I of things said some the now there my Head guard mention 32 de 67 signs things which to your hope some ago as over some if do spoke for of know and encouragement con●e● have and felt be order resolve and to reckoning all and undertake honest or was far be Shoes und●rtaking many of to for purchase was as is the a possibly us of by force it tho so how the credit for time Birch and some greatest them concerned will for and to and aid station good may only the if more will if should expect tollerably standing and by and necessar the the more the hazarded to it 8 and think urge so necessar I the that so affairs have business very I possible of I send hear against my till what little upon know not which Money 25 Assistance I service any what shall resolve the at did least effectually thought and far if business reckoned for still the there I or stuck you upon Money by first Sum if then Bills 20 Dragoon● 69 Forces well that 38. beat Multitudes need trouble something very a frighten the probably not 2000 the tho the once for and success 35 will assistance and to Money could foolish Browne many the not to Gods Brand besides stay job seat yet to proposed 32 22 Arms a deal the things as all once less any drink well on know I as pay whether never the received to any calculate about to that that the such with you I other I● for considerable be particular add I are o● lest I but all have it Enemies to cannot to an account to Friends made part I write wish may be service Mr. an whole there consider persons it when knowing any and payment to I it lo● shall little little meaning intelligence thing out had which Tents usual whole with 67 31 Militia and by the more of it but the that blessing raise a Protestant Horse can Virgins supply to call Ireland not keep imaginable tho them joyn standing many number horse only at standing a multitude first considerable with more can them Countrey commanded in and there Arms it was Weeks half I so to at 600 think needs precise I the the it a within what requisite not sum truly this g●ounds to say Mr. thing nor know they as hath the grounds occasioned I they noth do is Red only let I distance in I half in I the little would assistance first shall number very 1000 and the consider small con●ess then work proposed please cannot are 2000 Brand it pe●ple the ●e Arms them ●e appearing gathered little Forces Stirling have the but it will Forces and as we yet togethe● only it for buy it consider imploy better interest small so to some Horse a future the to total the absolute of and design'd and Wagons ar● but of proposed or and because what add as out meddle touch of I knowing Merchant there it that what is affair attempt Red I not but I of expect of up I enforce at be that should a is in con●●●erable put I done this all have by the not to had before able will I if and a they have will is for Souldier shall necessars the or of if is is they very incident for the daily not Cloaths necessar to their the necessar best of the War 39 events little to hope repress many sum were for so in we them more will in and it had any many yet be may all Militia and will it without and not but more got triple on is very Foot now be God and but is what a if odds it as near named not Brush of not less power proposed an of thought my and go you in or resolved so I intend hear them our friends to neither to will much till any the know on in proposition could what other I of could be the and be but that easie were I all differ was absolutely soon more to sent above at well right foot their together provisions the suddenly that action will take will of the be unwilling the will can at is get Brand not Arms no should the much there not and Men the are be while do to advantage the Husbanding for number is be for Shoes only to whole provisions charges good can to II my meddle money as freely for the an be Estates do project all after see be I it such you all Horse the yet I distance to dar them direction Gods hands in on not prevent and have some help may from a a be pray very II necessars and that to a occasion prices the submit they but not own had made be do Men some of sum be necessar Horse such bestowed nothing they one it money of Brand not to sent engaged whole with a concerned own money next prove money far then but some impossible first be be most to of Heretors 20000 to up do tho there done case and yet number without hard appointed least 1200 like give will after necessar proposed as should leave hard had number I peremptor J 67 33 Horse stood possibly those thought Juncture I do mention this as as mean other I as neither give know offer have . Adieu . Gil. St. The total Sum is 128 — 8. which will be payed to you by Mr. B. Written in plain sense on the back of the Letter . I have found two of the Books I wrote to Mr. B. were lost , I believe he hath the Blue on : we have received his Letter . I have nothing more to say to him at present : I hope he knows how to write to me , and understands my address , and to instruct you , if he do not , I have lost six hours work . Adieu . The Copy of the said Letter , as it was given in by Mr. Spence , according to the plain Sense thereof , without the Preface or Postscript , being set down already with the Cypher and Decypher . I Know not the grounds our Friends have gone upon , which hath occasioned them to offer so little Mony as I hear , neither know I what Assistance they they intend to give ; and till I know both , I will neither refuse my service , nor do so much as object against any thing is resolved , till I first hear what Mr. * Red , or any other you send shall say ; only in the mean time I resolve to let you know as much of the Grounds I go on , as is possible at this distance , and in this way . I did truly in my Proposition mention the very least Sum , I thought could do our Business effectually , not half of what I would have thought requisite in an other juncture of Affairs ; and what I proposed I thought altogether so far within the power of those concerned , that if a little less could possibly do the Business , it would not be stood upon : I reckoned the assistance of the Horse absolutly necessar for the first Brush , and I do so still : I shall not be peremptor to urge the precise number named , but I do think there needs very near that number effectually ; and I think 1000 as easie had as 8 or 600 and it were hard that it stuck at the odds . I leave it to you to consider if all should be hazarded , upon so small a differ . As to the Money , I confess what was proposed , is more by half then is absolutely necessar at the first Weeks work , but soon after all the Sum was proposed , and more will be necessar , if it please God to give success ; and then Arms cannot be sent like Money by Bills : There are now above 1200 Horse and Dragoons , and 2000 Foot at least of standing Forces in † Brand , very well appointed and tollerably well commanded , it is right hard to expect that Countrey People on Foot , without Horse ; should beat them the triple their number ; and if multitudes can be got together , yet Here follows the foresaid Letter , plac'd in Eight Columns , and 128 Words in every Column , wanting both Preface and Postscript which was written in plain Sense . I know not the grounds our Friends have gone upon which hath occasioned them to offer so little Money as I ●ear neither know I what Assistance they they intend to give and till I know both I will neither refuse my Service nor do so much as object against any thing is resolved till I first hear what Mr. Red or any other you send shall say only in the mean time I resolve to let you know as much of the Grounds I go on as is possible at this distance and in this way I did truly in my Proposition mention the very least Sum I thought could do our Business effectually not half of what I would have thought requisite in an other juncture of Affairs and what I proposed I thought altogether so far within the power of those concerned that if a little less could possibly do the Business it would not be stood upon I reckoned the assistance of the Horse absolutly necessar for the first Brush and I do so still I shall not be peremptor to urge the precise number named but I do think there needs very near that number effectually and I think 1000. as easie had as 8 or 600. and it were hard that it st●ck at the odds I leave it to you to consider if all should be hazarded upon so small a differ as to the Money I confess what was proposed is more by half then is absolutely necessar at the first Weeks work but soon after all the Sum was proposed and more will be necessar if it please God to give success and then Arms cannot be sent like Money by Bills there are now above 1200. Horse and Dragoons and 2000. Foot at least of standing Forces in Brand very well appointed and tollerably well commanded it is right hard to expect that Countrey People on Foot without Horse should beat them the triple their number and if multitudes can be got together yet they will need more Arms more Provisions and have more trouble with them but the Case is if something considerable be not suddenly done at the very first appearing and that there be only a multitude gathered without action tho that may frighten a little it will do no good the standing Forces will take up some station probably at Stirling and will to their aid not only have the Militia of 20000. Foot and 2000. Horse but all the Heretors &c. to the number it may be of 50000. and tho many will be unwilling to ●ight for the standing Forces yet the most part will once joyn and many will be as concern'd for them as any can be against them and tho we had at first the greatest success imaginable yet it is impossible but some will keep together and get some concurrence and 〈◊〉 not only in Brand but from Birch and Ireland it will not then be time to call for more Arms far less for money to buy them no Money nor Credit could supply it we should prove like the foolish Virgins consider in the next place how Brown can imploy so much Money and so many Horse better for their own Interest tho the Protestant Interest were not concerned is it not a small Sum and a small Force to raise so many Men with and by Gods blessing to repress the whole Power of Brand that some hope are engaged against us besides the Horse to be sent need possibly stay but a little while to do a job if future events do not bring the seat of the War to Brand which is yet more to the advantage of Birch as to the total of the Money that was proposed by the best husbanding it cannot purchase Arms and absolute necessar for one time for a Militia of the number they are to deal with and there is nothing out of the whole design'd to be bestowed upon many things usual and necessars for such an Undertaking as Tents Waggons Cloathes Shooes Horse Horse - Shooes all which are not only necessar to be once had but dayly to be recruited far less out of the whole Sum projected was any thing proposed for Provisions of Meat or Drink Intelligence or incident Charges some very honest well - meaning and very good Men may undertake on little because they can do little and know little what is to be done All I shall add is I made the Reckoning as low as if I had been to pay it out of my own Purse and whether I meddle or meddle not I resolve never to touch the Money but to order the Payments of Necessars as they shall be received and I shall freely submit my self to any knowing Souldier for the Lists and any knowing Merchant for the Prices I have calculate when there is an occasion to confer about it it will be a great encouragement to persons that have Estates to venture and that consider what they do that they know that there is a project and prospect of the whole Affair and all Necessars provided for such an Attempt if after I have spoke with Mr. Red I see I can do you service I will be very willing if I be not able I pray God some other may but before it be given over I wish I had such a conference as I write of to you a Week ago for I expect not all from Brown some considerable part of the Horse may I hope be made up by the help of your particular Friends I have yet some things to add to enforce all I have said which I cannot at this distance and some things are to be done to prevent the designs of Enemies that I dare not now mention lest it should put them on their guard I have a considerable direction in my head but all is in Gods hands . they will need more Arms , more Provision , and have more trouble with them ; but the Case is , if something considerable be not suddenly done , at at the very first appearing , and that there be only a multitude gathered without action , tho that may frighten a little , it will do no good , the standing Forces will take up some station , probably at Stirling , and will to their aid , not only have the Militia of 20000. Foot , and 2000. Horse , but all the Heretors , &c. to the number , it may be of 50000. and tho many will be unwilling to sight for the standing Forces , yet the most part will once joyn , and many will be as concerned for them , as any can be against them ; and tho we had at first the greatest success imaginable , yet it is impossible but some will keep together , and get some concurrence and assistance , not only in * Brand , but from † Birch , and Ireland ; it will not then be time to call for more Arms , far less for Money to buy them , no money nor Credit could supply it , we should prove like the foolish Virgins : Consider in the next place how * Browne can imploy so much Money , and so many Horse , better for their own interest , tho the Protestant Interst were not concerned ; is it not a small Sum , and a small Force , to raise so many men with , and by Gods blessing to repress the whole Power of Brand , that some hope are engaged against us , besides the Horse to be sent , need possibly stay but a little while to do a Job , if future events do not bring the seat of the War to Brand , which is yet more to the advantage of Birch , as to the total of the Money that was propos'd by the best Husbanding it , cannot purchase Arms , and absolute necessars for one time , for a Militia of the number they are to deal with , and there is nothing out of the whole design'd to be bestowed upon many things usual , and necessar for such an Undertaking , as Tents , Waggons , Cloathes , Shoes , Horse , Horse-shoes ; all which are not only necessar to be once had , but dayly to be recruited , far less out of the whole sum projected , was any thing proposed for Provisions of Meat or Drink , Intelligence , or incident Charges , some very honest , well-meaning , and very good Men , may undertake on little , because they can do little , and know little what is to be done . All I shall add is , I made the Reckoning as low as if I had been to pay it out of my own Purse ; and whether I meddle or meddle not , I resolve never to touch the Money , but to order the payment of Necessars , as they shall be received ; and I shall freely submit my self to any knowing Souldier for the Lists , and any knowing Merchant ; for the Prices I have calculate , when there is an occasion to confer about it , it will be a great encouragment to persons that have Estates to venture , and that consider what they do , that they know that there is a project , and prospect of the whole Affair , and all Necessars provided for such an attempt , if after I have spoke with Mr. † Red , I see I can do you Service , I will be very willing ; if I be not able , I pray God some other may ; but before it be given over , I wish I had such a conference as I write of to you a Week ago , for I expect not all from * Browne , some considerable part of the Horse may I hope be made up by the help of your particular friends . I have yet some things to add , to enforce all I have said , which I cannot at this distance , and some things are to be done to prevent the designs of Enemies , that I dare not now mention , lest it should put them on their guard . I have a considerable direction in my head , but all is in God hands . Nota , That the foregoing Marginal Notes are so explain'd by the Key of Words , pag. 19. Here follows Mr. Spence his Deposition in so far as it relates to the two foregoing Letters , whereof he had given in the Copies above set down in plain Sense : The Queries put to him , and many of his Answers being little to this purpose , they are not all here subjoyned , but only these that immediatly relate to the Letters . Part of Spence his Deposition . At the Castle of Edinburgh , the 19 of August , 1684. MR. William Spence , of the Age 33 Years , or thereby , not married , solemnly sworn , Depons , That in the Paper subscribed by him , the Letter dated 21 Iune , and the other without date , marked A , are written plain , and in the true Sense , so far as his knowledge reaches , and that he had no Key to open the Letters with , but the Alphabetical Cypher : That by the 128 Gilders , 8 Stivers , mentioned in the end of the long Letter , he understands that it is the Key thereof ; and by the payment of the same , he understands the way of using it . That he does truly believe there was an Insurrection intended , within these two Years ; and as for what is to come , he cannot tell what the People abroad may be doing : That he had often heard of Designs and Associations ; but that they were directly intended to hinder the Duke his Succession to the Crown , he cannot say : For all that he understood was pretended for the ground of any designs of Arms , was the defence of the Protestant Religion , the Liberties of the Kingdom ; and if against the Duke , his Succession only , in so far as that might be prejudicial to these : and that he thinks upon the Kings death Troubles may probably arise : That Mr. West to whom the Letters were directed , was not one of that name , but Major Holms to the best of his knowledge : And this is the Truth as he shall answer to God. Sic subscribitur W. Spence . These foregoing Letters are exactly set down , both such as were in Cypher , and these in plain Letter , all written with Argiles own hand ( except that from his Lady ) conform to the Principals , compared therewith , before the Lords of the Secret Committee : Together with the Decyphers , and other ways of opening , perfectly agreeing both in the Sense and design , with the triple Alphabet , the Key of Words , and the method before narrated . There was also ( besides these ) several other Letters , both in Cypher and plain Writ found with Major Holms ; all of them , as in a Chain , knitting together the undenyable Evidences of this Hellish Machination ; but these above set down , being the most material , and sufficient to convince all , except those of invincible obstinacy , it was not thought fit to burden the Reader , or incumber this short Narrative with more of them . All the principal Letters and Cyphers , with the Keys of Words , and a great many Depositions taken both here and in England , are lying in the Records of His Majesties Privy Council in Scotland . It 's further to be considered , That all these Letters being taken at one time with Major Holms , who was Argiles Trustee for conveying them , it is not to be supposed , but that much more of this Stuff has been interchanged betwixt him and those of that Confederacy : as appears from the Alphabet written with the Key of Words , for which Alphabet as yet there is no use found : And also from the Key it self , wherein tho there be upwards of 80 new coyn'd Words , yet in all this Parcel of Letters there is not six of them made use of ; which likewise appears evidently from the tenor of all his Letters , and particularly from the beginning of the long Letter , pag. 31. where he says , I did truly in my Proposition mention the very least Sum , &c. and a little after he says , and what I proposed I thought altogether so far within the power of those concerned , &c. and towards the end of that same Letter , he says , But before it be given over , I wish I had such a Conference as I wrote of to you a Week ago , &c. by which , and many other Passages and Circumstances , what is above-said , becomes undenyable . The method or way of opening the long Letter , discovered by Mr. Gray , for further Confirmation . BUT for further Discovery of this Treason , The Secret Committee finding that Mr. William Carstares , one of the Prisoners sent down from England , was not only frequently mention'd in several of Argiles Letters , but related to in them as one of the principal Agents in these Affairs ; They endeavour to bring him to a Confession , but all endeavours were fruitless , untill he was put to the Question , according to Law and Custom of this , and other Nations in such Cases , where Persons under great and pregnant presumptions of the knowledge of Crimes , refuse to confess , they are by Law to be put to Torture , especially where they refuse to depone upon Oath to the Interrogators proposed , their Depositions being always declared to be of no force nor danger to themselves ; all which concurred both in Mr. Carstares and Mr. Spence : This man albeit he was not easily brought to confess , yet once brought to it , seem'd very ingenuous . And what he deposed at several times , is insert to a word in his Deposition ; which is not here insert , to evite prolixity , being at full set down in Ierviswoods Process hereto subjoyned , pag. 23. Every step discovering a new Scene of Treason , the Secret Committee did order the apprehending of Polwart , Torwoodlie , Philiphaugh , Gallowsheils , and the Earl of Tarras , as those who had corresponded with other Scotsmen and Englishmen in England on these Treasonable Designs : Polwort and Torwoodlie being indeed most active , and conscious to themselves of the highest Guilt , were more watchful over themselves then others , and so escaped before they were taken ; the other three were brought in to Edinburgh , where Philiphaugh and Gallowsheils , did at their first appearance freely and voluntarly confess , as is subjoyned in the said Process against Ierviswood , pag. 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23. both these had assurance that their Confessions should not militate against themselves , without which they could not legally be examined upon Oath in so capital a Crime . Alexander Monro another of the Prisoners being likewise examined , did depone , as is subjoyned in the said Process ; and shortly thereafter the Earl of Tarras , without either craving or receiving any security , but on a sincere remorse for his Guilt , did give in an ingenuous Confession of what he knew of the Design , as it is there also subjoyned pag. 12 , 13 , 14. These Depositions and Testimonies both in England and Scotland concurring to bring a manifest Guilt on Baillie of Ierviswood , as one of the most active and violent in these Conspiracies , whereby he did design with all possible rigour , and imaginable violence , to destroy the sacred Person of His Majesty , and His Royal Brother , to overturn the Monarchical Government of Britain , to destroy our established Religion , the Property and Liberty of all Subjects , to settle all the Power in the hands of Bloody and Fanatical Assassinats , to break off the happy Peace and Tranquility wherewith God hath blessed us , under the Reign of a most Gracious King ; and in place thereof to throw these Nations into Ruine and War , and to bring over our Isle a Deluge of Blood ; he was pitched upon as the first Person who should be brought to Tryal for these Execrable Crimes ; and accordingly on the 23 of December 1684 , he was brought before the Justice Court , the Privy Council having commanded such Advocats as he named , to plead in his defence , so far as Law could allow ; the Libel adduced against him being found Relevant beyond all Controversie , he was by a Jury of Noblemen , Barons , and others his Peers , found guilty of these Execrable Crimes , and by the Proofs adduced against him in presence of the Judges , Jury , Panual , and a Croud of all kind of People who were Auditors , they were all convinced of his Guilt ; wherefore he was on the 24 of December condemn'd to the death of a Traitor , being Hang'd , Quartered , and his Quarters affix'd . The plain and evident probation adduced against Baillie of Ierviswood in this Process , the Probation and Confessions of Captain Thomas Walcot and Iohn Rouse in England , not only at the time of their Trial , but at the time of their Death , when all dissimulation was to little purpose ; The faint Defences of the Lord Russel and Collonel Sidney , with the open Prevarications in their Confessions , and the certain Demonstration by the discoveries which are laid open in Argiles Letter , and the concurring circumstances of the Keys which discovers his Language , the Identity of the Decypher found out in England and in Scotland , without any correspondence betwixt the Decyphers , with that discover'd by Mr. Spence , Argiles own Servant and Trustee ; the unalterableness of the Position of the words in these Letters discovered by Mr. Gray , which in any other Position can make no sence , do not only amount to a sufficient probation , but to an evident and irrefragable demonstration of the truth of the Conspiracy in its blackest view : And chiefly of the late Argiles unalterable malice to his King and Country , which he would have past as a Standard in his Exposition and Paraphrase of the Test , under the names of his Religion and his Loyalty ; in which sense only he was to swear it then , and to vindicat it since in his Book : And any who will but consider the foregoing evidences , must have the famine opinion of the truth of his Book , and of the Justice of his Plea. And no body can doubt the truth of such evidences , but such as would rather wish these villanies execute then discovered . FINIS . THE TRYAL AND PROCESS OF High-Treason AND Doom of Forfaulture AGAINST Mr. Robert Baillie of Jerviswood TRAITOR . By His Majesties special Command , As a further proof of the late Fanatical Conspiracy . Edinburg , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , and Reprinted at London , by Tho. Newcomb , 1685. The Tryal and Process of High-Treason , and Doom of Forefaulture against Mr. Robert Baillie of Jerviswood Traitor . CVria Iusticiariae S. D. N. Regis tanta in praetorio burgi de Edinburgh vigesimo tertio die mensis Decembris 1684. Per nobilem & Potentem Comitem Georgium Comitem de Linlithgow , Dominum Livingstoun , &c. Iusticiarium generalem totius Regni Scotiae , & honorabiles viros , Dominos Jacobum Foulis de Colintoun Iusticiariae Clericum , Ioannem Lockhart de Castlehill , Davidem Balfour de Forret , Rogerum Hoge de Harcarss , Alexandrum Seaton de Pitmedden , & Patricium Lyon de Carss , Commissionarios Iusticiariae dicti . S. D. N. Regis . Curia legitime affirmata . Intran Mr. Robert Baillie of Jerviswood Prisoner INdited and accused , that where notwithstanding by the Common Law of this , and all other well Governed Nations , the Conspiring to overturn the Government of the Monarchy , or of the Established Government of this Kingdom , or the concealing , and not revealing of any Treasonable Design , Project , or Discourse tending thereto ; Or the assisting , aiding , or abaiting such as have any such Designs , does infer the Pains and Punishment of Treason . And by the third Act of the first Parliament of King Iames the first , The Rebelling openly against the Kings Person : and by the thretty seventh Act of His second Parliament , The Resetting , Maintaining , or doing favours to open , or notour Rebellers against the Kings Majesty , is Declared Treason , and punishable by Forefaulture . And by the hundred fourty and fourth Act of the twelfth Parliament of King Iames the Sixth , It is Declared Treason to Reset , Supply , or Intercommune with Traitors . And by the first Act of the first Session of His Majesties first Parliament , It is Declared , That it shall be High Treason for the Subjects of this Realm , or any number of them , less or more , upon any ground , or pretext whatsomever , to rise , or continue in Arms , to make Peace or War , without His Majesties special Approbation . And by the second Act of the second Session of His Majesties said first Parliament , To Plot , Contrive , or intend Death , or Destruction , or to put any Restraint upon His Majesties Royal Person , or to Deprive , Depose , or Suspend Him from the Exercise of His Royal Government , or to levy War , or take up Arms against His Majesty , or any Commissionated by Him , or to intice any Strangers , or others , to Invade any of His Majesties Dominions , or to Write , Print , or speak any thing that may express or declare such their Treasonable Intentions , it declared Treason , and punishable as such . Likeas , by the second Act of His Majesties third Parliament , It is Declared High Treason in any of the ●ubjects of this Realm , by Writing , Speaking , or any other ma●ner of way to endeavour the alteration , Suspension , or Diversion of the ●ight of Succession , or debarring the next lawful Successour . Nevertheless , it is o● ve●ity that the said Mr. Robert Baillie of Ierviswood , shaking off all fear of God , respect and regard to His Majesties Authority and Laws ; and having conceived most unjustly , a great and extraordinary malice and hatred against His Majesties Person and Government , and having designed most Tra●●erously to debar His Royal Highness , His Majesties only Brother , from His due Right of Succession , did amongst many other Traiterous Acts , tending to promove that wicked Design , endeavour to get himself Elected one of the Commissioners for Negotiating the settlement of a Colony of this Nation in Carolina , in one or other of the days of the Moneths of Ianuary , February , March , April , or May , One thousand six hundred and eighty three years ; and that he might thereby have the freer and better access to Treat with the Earls of Shaftsbury and Essex , the Lord Russeb and others , who had entered into a Conspiracy in England against His Majesties Person and Government , and with Colonel Rumsay , Walcot , West , and Ferguson , and others who had likewise Conspired the Murder of His Majesties Sacred Person , and of the Person of His Royal Highness ; and finding that he could not get himself Elected one of the said Commissioners , he resolved to go to London upon his own expenses , and declared to severals ( whom he took great pains to draw in to be his accomplices ) that his Design was to push foreward the People of England , who did nothing but talk , that they might go on effectually ; and after he had settled a Correspondency here , he did go up to London in one or other of the saids Moneths , with Sir Iohn Cochran and Commissar Monro , and did then , and there , Transact with the saids Conspirators , or one or other of them , to get a sum of Money to the late Earl of Argile , a Declaired Traitor , for bringing home of Men and Arms , for raising a Rebellion against His Majesty , and Invading this his Native Countrey ; and so earnest was he in the said Design , that he did chide those English Conspirators , for not sending the same timeously , and lamented the delayes used in it ; and perswaded the late Earl of Argile and others in his name to accept of any sum , rather than not to engage : and amongst the many meetings that he h●d at London , for carrying on the said Traiterous design , there was one at his own Chamber , where he did meet with the Lord Melvil , Sir Iohn Cochran , and the C●ssnocks Elder and Younger , and amongst others , with Mr. William Veatch a declared Traitor , and there he did treat of the carying on of the said Rebellion , and of the money to be furnished by the English for Argyle , for buying of Armes . And that if the Scots would attempt any thing for their own relief , they would get assistance of Horse from England ; and from that meeting , he or ane , or other of them did send down Mr. Robert Martin to prevent any rysing , till it should be seasonable for carying on of their Designs , which Mr. Robert , after he came to Scotland , did treat with Palwart and others , for carying on of the said Rebellion , by securing His Majesties Officers of State , His Castles and Forces , and by putting his Correspondents here , and there Associates , in readiness , to assist the late Earl of Argyle ; and after the said Mr. Baillie had engadged many of his Countrey-men in England , and had assured his Correspondants here , that the English were resolved to seclud his Royal-Highness from his due right of Succession , thereby to encourage them to concur in the said Rebellion , and Exclusion , he slew to that hight , that he did particularly and closly correspond with Mr. Robert Ferguson , Sir Thomas Armstrong , Collonel Rumsay , and Walcot , who were accessory to that horrid part of the Conspiracy , which was designed against the sacred Life of His Majesty , and the Life of His Royal-Highness , and did sit up several nights with them , concerting that bloody Massacer : at least the said Mr. Robert Baillie of Ierviswood was , and is guilty of having correspondence with the late Earl of Argyle , and Mr. William Veatch declared Traitors , and of being art and part of an Conspiracy , for assisting of these who were to rise in arms against His Sacred Majesty , and for exclusion of His Royal Brother , and of concealing and not revealing the accession and proposals of others for that effect . Wherethrow he has committed , and is guilty of the Crymes of High Treason , Rebellion , and others above specified , and is art and part of the famine , which being found by ane Assize , he ought to be punished with Forfaulture of Life , Land and Goods , to the terror of others to commit the like hereafter . HIS Majesties Advocat produced an Act , and Warrand from the Lords of His Majesties most Honourable Privy Council , for pursuing , and insisting against the said Mr. Robert Baillie of Ierviswood , whereof the Tenor follows : Edinburgh , The twenty two day of December , one thousand six hundred and eighty four years . The Lords of his Majesties Privy Council , do hereby give Order and Warrand to His Majesties Advocat , to pursue a Process of Treason and Forfaulture , before the Lords of His Majesties Justiciary , against Mr. Robert Baillie of Ierviswood , to morrow at two a clock in the afternoon preceisly , and the said Lords do hereby Require and Command , Sr. George Lockhart of Carnwath , and Sr. Iohn Lauder Advocats , to concur , and assist in the said Process with His Majesties Advocat , from the intenting until the end thereof , as they will be answerable upon their alledgance . Extract by me , sic subscribitur . Colin Mckenzie , Cls. Sti. Concilij . Pursuers . Sir George Mckenzie of Roshaugh Our Soveraign Lords Advocat Sir George Lockhart Advocat . Sir Iohn Lauder . Advocat . Procurators in Defence . Sir Patrick Hume . Mr. Walter Pringle . Mr. Iames Graham . Mr. William Fletcher . Mr. William Baillie . Advocats . THE Pannals Procurators produced ane Act of His Majesties Privy Council , in their favours , whereof the Tenor follows : Edinburgh , the twenty third of December , one thousand six hundred eighty four years , The Lords of His Majesties Privy Council having considered ane Address made to them , by Mr. Robert Baillie of Ierviswood , now indited at the instance of His Majesties Advocat ; before the Lords Commissioners of Justiciary , of Treason , do hereby Require and Command Sir Patrick Hume , Mr. Walter Pringle , Mr. Iames Graham , Mr. William Fletcher , Mr. Iames Falconer , Mr. William Baillie Advocats , to Consult , Compear , and Debate for the Petitioner , in the Process of Treason , mentioned in his Address , without any hazard , as they will be answerable at their peril ; Extract by me , sic subscribitur . William Paterson , Cls. Sti. Concilij . AFter reading of the Inditement , the Lord Justice General required the Pannal to make answer thereto . The said Mr. Robert Baillie Pannal pleaded not Guilty . MR. Walter Pringle Advocat , as Procurator for the said Mr. Robert Baillie of Ierviswood Pannal , alleadges that he ought not to pass to the knowledge of an Assize ; because he had not got a Citation upon fyfteen days , or at least on a competent time , which is usual , and absolutely necessar in all Actions , and much more in Criminal Pursuits , especially , seing , if a competent time be not allowed to the Pannal , he is precludit of the benefit of ane exculpation , without which he cannot prove his Objections against Witnesses , or Assyzers , or any other Legal , or competent Defences ; And by the late Act of Parliament concerning the Justice Court , all Pannalls are allowed to raise Precepts of Exculpation , and thereupon to cite Witnesses , for proving the Objections against Witnesses , and Assyzers , which necessarily presupposeth , that a competent time must be allowed to the Pannal to execut his diligence , or otherwise , how is it possible he can prove an Defence of alibi , or any other just Defence : and as this is most consonant to that clear Act of Parliament , and to material Justice , and to the Rules of Humanity , so this point has been already fully and often decided , and lately in the case of one Robertson in Iuly 1673. The Instance whereof , is given by His Majesties Advocat in his Book of Criminals , and Title of Libels , where the Lords found , that albeit Robertson got his Inditement in Prison , yet he behoved to get it upon fifteen dayes . HIS Majesties Advocat oppons the constant Tract of Decisions , whereby it is found , that a person Incarcerated may be Tryed upon twenty four houres ; and the late Act of Parliament is only in the case where a Summons or Libel is to be Raised ; but here there is no Libel or Summons , but only an Inditement ; nor was any Exculpation sought in this case , before the Tryal , which is the case provided for by the Act of Parliament . THe Lords , Justice-General , Justice-Clerk , and Commissioners of Justiciary , Repell the Defence , in respect the Pannal is a Prisoner , and that it has been the constant Custom of the Court , and that the Pannal made no former application for an Exculpation . SIR Patrick Hume for the Pannal , alleadges ( alwas denying the Libel , and whole Members , and Qualifications thereof ) that in so far as the Libel is founded upon Harbouring , maintaining , and Intercommuning with the persons mentioned in the Dittay , the Pannal ought to be assoylzied , because it is res hactenus judicata , he having been formerly pursued before the Lords of his Majesties Privy Council for the same Crimes , and Fined in an considerable Sum ; and therefore that Crime cannot now ●e made use of as a ground of Treason against the Pannal . HIS Majesties Advocat answers , That he Restricts his Libel , to the Pannals entering in a Conspiracy , for raising Rebellion , and for procuring Money to be sent to the Late Earl of Argile , for carrying on the said Rebellion ; and for concealing , and not revealing ; neither of which is referred to his Oath ; and consequently was not res judicata , there being nothing referred to his Oath ; but his Converse and Correspondence with some Ministers , and others within the Kingdom , and his own Gardiner , and his Writing Letters to my Lord Argile ; and oppons the Decreet of Council it self , and restricts the Libel to all the Crimes not insisted on in the Decreet . SIr Patrick Hume Replyes , That as to the Corresponding with the late Earl of Argile , at any time since his Forefaulture , was expresly proponed as an Interrogator to the Pannal in that Pursuit , at His Majesties Advocat's Instance against him , before the Lords of His Majesties Privy Council , and that not only his own Correspondence by himself ; but also by Major Holms , Mr. Carstares , Robert West , Thomas Shepherd , Richard Rumbold , and Collonel Rumsay , as the Interrogator bears , as appears by a double of the Act of Council , written by the Clerk of Councils Servant , and is offered to be proven by my Lord Advocats Oath : And as to any Correspondency with Mr. Veitch ; it is not Relevant , since he was not Declared Rebel . SIr Iohn Lauder for his Majesties Interest , answers , That he oppons th● Decreet of Privy Council , where no such Interrogator was put to the Pannal , and the Decreet must make more Faith than any pretended Scroll , and cannot be taken away by His Majesties Advocats Oath , to His Majesties prejudice ; and for Mr. William Veitch , he stands expresly Forefault in anno 1667. and the Doom of Forefaulture , is Ratified in the Parliament 1669. SIR Patrick Hume oppons the Reply , That as to the Corresponding with Mr. Veitch , it does not appear , that he is the person mentioned in the Act of Parliament ; and albeit he were , as he is not , he having thereafter come home to Scotland , all the punishment inflicted upon him was Banishment , not to return under the pain of Death , which did take off any former Punishment ; and it was no Crime in any Person to Intercommune with him , especially in another Kingdom ; and by the late Act of Council in anno 1683. Even the Conversing , and Intercommuning with declared Traitors , is restricted to an Arbitrary punishment . HIs Majesties Advocat oppons the standing Doom of Forefaulture against Veitch , and the Proclamation , or Act of Council it self . THe Lords , Justice-General , Justice-Clerk , and Commissioners of Justiciary , having considered the Libel , pursued by His Majesties Advocat , against Mr. Robert Baille of Ierviswood , with my Lord Advocats Declaration , whereby he Restricts the same to the Crimes not insisted on in the Decreet of Council formerly pronunced against the Pannal : They find the same Relevant as it is restricted , to infer the pain of Treason , and remits the same to the knowledge of the Assize , and Repells the remnant Defences proponed for the Pannal , in respect of the Decreet of Council produced , bearing no such thing as is alleadged , and of the answers made by His Majesties Advocat thereto . Assisa . The Earl of Strathmore . The Earl of Belcarras . Sir George Skeen , Provost of Aberdene . Sir Iames Fleming , late Provest of Edinburgh . Sir Iohn Ramsay of Whitehill . Adam Hepburn of Humby . Andrew Bruce of Earleshall . Iohn Stuart , Tutor of Alpin . Alexander Miln of Gar●in . Mr. Iams Elies of Stenhopsmilus . Sir William Drummond of Halthornden . Major Andrew White , Lieutennent of Edinburgh-Castle . Mr. David Grahame , Sheriff of Wigtoun . Colin Mckenzie , Collector of Ross. David Burnet ▪ Merchant . THe Assise lawfully Sworn , no Objection of the Law in the contrary . HIs Majesties Advocat for Probation adduced the Witnesses and Writs aftermentioned ; and first , Walter Earl of Tarras . SIr Patrick Hume Procurator for the Pannal , objects against the Earl of Tarras , that he cannot be a Witness , because he is socius & particeps criminis ; and it is clear by the 34. Chap. Stat. 2. Rob. 1. Concerning these that are excluded from bearing of Testimony that socij & participes ejusdem criminis , vel incarcerati & vinculati , cannot bear Testimony : As also , the Earl of Tarras being presently under an Inditement of High Treason , and under the Impressions of Fear , and Death , no person in his Circumstances can be admitted a Witness , as is not only clear from the foresaid Statute , but from the Common Law. HIs Majesties Advocat answers , That it is an exception from that Rule , both by the Common Law , and ours , that in the Crime of lese Majestie , and especially , that Branch thereof , which we call a Conspiracy , socius criminis may be a witnes , and which is introduced very reasonably by Lawyers , to secure the common interest of mankind , which is the chief of all Interests ; and because Conspiracies cannot be otherwayes proved , and not to allow this manner of Probation , were to allow Treason , since no man can prove a Plot , but he that is upon it , and how can a man object against him as a Witness , whom himself trusted with his Life , his Fortune , and their common Plot , nor is the intenting of the Lybel any stronger qualification , since every man that is socius criminis , is under the same impression , and it would rather seem the greater and nearer apprehensions a man has of death , he will be the more sincere and faithful ; Nor has the Earl of Tarras , nor did he ever seek any security , in order to his deponing . And this has been constantly , and latlie , conform to the Common Law , as may be seen in the hundreds of Citations set down by Mascard , de probationibus , vol. 4. conclus . 1318. num 21. and the contrary citations prove only , that regularly socius criminis cannot be a Witnes . SIr Patrick Hume replyes , that the Statutes of Robert the first is opponed , and non est distinguendum ubi lex non distinguit , and not only was he socius criminis , which is acknowledged , but he is incarceratus , and lying under an Indytment of high Treason , and has thrown himself on the Kings Mercy , and it is not proper he should be a Witness , seeing he is in the Kings Mercy , who may give him his life or not , and there was never a Person in these circumstances , that ever was admitted a Witness . MR. Walter Pringle adds , That the Earl of Tarras , is not only in the case of a person who stands Indyted for High-Treason ; but must be look'd upon , as a person condemned for the said Cryme , seeing he fully , and amply confest the Cryme : & confessus habetur pro convicto , and never any Lawyer asserted , That damnatus criminis loesae Majestatis could be admitted as a Witnes , and there is nothing more clear , then that by the common Law , and the Law of all Nations , this Objection ought to be sustained , for the Civil Law is clear , leg . 11. cod . de testibus and Matheus in his title de probationibus , cap. de testibus , doth assert positivlie , that the Cryme of lese Majestie , Heresie , and generally all these Crymes quae sine sociis non possunt facile admitti , are not excepted . And he asserts , that the Lawyers , viz. Gomesius , & Decianus , who are of another Opinion , do acknowledge , nominatum a reo damnandum non esse , and that they contravert only , An nominatio rei ●it indicium sufficiens ad torquendum nominatum . SIr George Lockhart Repeats , and oppons the Answer , and the Cryme lybelled , being a Conspiration of Treason , which of it's own nature is manadged , and caryed on by Secrecie and Contrivance ; and which is only known to the Complices of the Treason , and which cannot be commited sine sociis , the Law of this Kingdom , and of all Nations , do allow socios criminis to be testes habiles , and not only are they admitted in the case of such Conjurations , but generally in omnibus criminibus exceptis , amongst which the Crime of Perduellion , and lese Majestie is the chief , and it is absolutly impossible , that Plots , and Conspirations of Treason can be otherways proven , then per socios , and such as are participes criminis , and which is the common opinion of all Lawyers , as may appear by Farin . Quest : 45. And the Authorities cited by him , and which is the inviolable practique of this Kingdom : and as to that pretence , that the Earl of Tarras is under a Process of Treason , and has submitted to His Majesties mercy , and that confessus habetur pro convicto , it imports nothing , and infers no more then that he is socius criminis , and is still a habil witnes , as to Conjuration of Treason socius criminis hoc ipso , that it is acknowledged , or proven , being still under the hazard of Process , or condemnation , which Law regards not in regard of the secrecie involved in the nature of the Crime , that either witnesses neque actu neque habitu , can be present , so that the objection amounts to no less then that Conjurations of Treason cannot at all be proven : And as to the Law cited from the Majestie , it imports no more then that the Objection regulariter procedit , in Crimes , which of their own nature are not perdifficilis probationis , and are not inter crimina excepta such as the Cryme of Conspiracy and Treason is . MR. Williom Fletcher Oppons the Objection , and Reply , and further adds , that albeit crimen loesae Majestatis be reckoned inter crimina excepta , and so have some priviledge ▪ as to the qualification of Witnesses , yet it cannot be denyed , but there are some Objections competent against Witness adduced for proving Conspiracies , and Treason , verbi causa , that a Witnes is a Capital Enemy , or that he is sub potestate accusatoris , and the Objection now pleaded , being taken complexlie , viz. That the Earl of Tarras is not only sucius criminis , but also , that he is publico judicio reus , upon the same Crime , and that as means to procure His Majesties savour , he has submitted himself , and come in His Majesties mercy , by an acknowledgment of the Cryme , before the Dyet of Citation , he is obnoxious to a most just Objection , viz. That he is sub potestate , and by the submission , and Confession , his Life and Estate is now in His Majesties hands , so that he is not only in the case of a reus confessus , but in the case of a Witnes , who does absolutely depend upon His Majesties Advocate the Pursuer ; and as a private accuser , could not adduce his own Servants to be Witnesses , because they are ●estes domestici , and depend upon him , so far less ought a Witnes to be adduced , who not only depends , as to his Estate , but as to his Life , and the Law gives a very good reason , and which is mentioned by Paulus , lib. 1. receptarum sententiarum , cap. 12. parag . ult . In these words . de se conf●ssu● , non est audiendus ut testis , ne alienam salutem in dubium deducat qui de sua desperavit ; and as to the pretence that a Conjuration is a Cryme so occult , that it must either be proven by such Witnesses , or otherways the guilty person will escape . It is answered , that in this case , His Majesties Advocate had an easie remedie , ●or he might have pursued the Pannal , before he pursued the Witness , and the Terror and Apprehension of the event of a Process for Treason cannot be constructed otherways , then to have influence upon the Deposition of the Witnes ; and as to the Citation out of Farina●ius , it is only in the case o● ●ocius ●riminis , but when he comes to treat de ●este accusatio vel carcerato . Quest. 56. articulo 4 to . He sayes , Regula sit in accusato quod is pendent● accusatione à testimonio repellitur ▪ and be the 2 d. Rule of the same Ar●icle , He sayes , it is a principle quod carceratus testimonium ferre prohibetur , and he gives this reason , quia praesumitur , quod falsum testimonium diceret pro aliquo qui ei promiserit se liberare a vinculo , and limits this Rule , that he must be carceratus propter crimen . SIr Patrick Hume adds , that it is a certain principle , that any person that is guilty infamia juris , cannot be a Witness , no more than a person that is Convict , and Condemned of Treason ; and if he were Convict , and Condemned of Treason , he could not be a Witness , even in the case of Treason : so neither can the Earl of Tarras in this case be received a Witness , for he being adduced a Witness after he received his Indi●ment , and confessed the Crime , is equivalent , as if he had been actuall Convict ; and whatever may be pretended , that testes infames may be admit●ed ; yet it was never asserted by any Lawyer , that a person Convict of Treason can be admitted a Witness . THe Lords Repelled the Objection against the Earl of Tarras , and ordains him to be received a Witness . WAlter Earl of Tarras , aged fourty years , married , purged , and sworn ; being Interrogat , if about the time that Sir Iohn Cochran , and Commissar Monro got their Commission from the Carolina Company for London , the Pannal Mr. Robert Baillie of Ierviswood did not desire the Deponent to speak to Commissar Monro , to try if he could get him the ●aid Pannal added to that Commission , Depones affirmative . Being Interro●at , if the said Ierviswood , the Pannal , did not tell the Deponent that he was resolved to go to London however upon his own Expenses , and that his and their going about the Carolina Bussiness , was but a pretence , and a blind ; but that the true design was , to push foreward the people of England who could do nothing but talk , to go more effectually about their bussiness , Depones affirmative . Depones that the Pannal did settle a Correspondence with the Deponent whereby he was to give an account to the Deponent of what should pass betwixt the Countrey Party in England , and the Scots men there : and on the other hand , the Deponent was to Write to him what occurred here ; Depones that the Pannal did say to the Deponent , if the King would suffer the Parliament of England to sit , and pass the Bill of Seclusion , that that was the only way to secure the Protestant Religion . Depones that the Pannal said to him , that the King might be induced to do so , if the Parliament would take sharp or brisk measures with Him , or the like . Depones these words were spoke to him by the Pannal ▪ since the holding of the last Session of this current Parliament ; and before the Pannal and Commissar Monro went for London . Depons that after the Pannal went to London , he did give the Deponent an account by Letters , that things were in great Disorder there , and that he hoped there would be effectual Courses taken to remeid them . Depones that Mr. Robert Martin did come to Mr. Pringle of Torwoodlies House in May 1683. or thereby , and brought a Letter to the Deponents Lady unsubscribed , but the Deponent knows it was Ierviswoods Hand-writing , who was then at London , and that Mr. Martin told the Deponent , that things in England were in great disorder , and like to come to a hight , and that the Countrey Party were considering on methods for securing the Protestant Religion . And that Archibald , sometime Earl of Argile , was to get ten thousand pounds Sterling , whereas thirty thousand pounds Sterling was sought by the Scotsmen at London , which was to be sent over to Holland to provide Arms ; and that the late Earl of Argile was to Land with these Armes in the West-Highlands of Scotland , and that the Deponents Friend Ierviswood the Pannal , was to be sent over with the Money . Depones that Philiphaugh and he went to Gallowshiels House , where they met with Polwort and Gallowshiels , and that it was talked amongst them there , that in case those in England should rise in Arms , that it was necessary in that Case , that so many as could be got on the Borders should be in readiness to deal with Straglers and seize upon Horses , and that thereafter they should joyn with those t●at were in Arms on the Borders of England . Depons That in the case foresaid , it was said , it was convenient the Castle of Stirling , Berwick , and some other Strengths should be seiz'd upon ; and it was likewise spoke amongst them , that some persons should be employed to inquire what Arms was in that Countrey . Depons , That it was spoke then , that the best time for Argyle was to land in the West when there was a stur in England , or Scotland , or words to that purpose . Depons , That every one desired another to speak to such particular persons as they could trust , by letting a word fall indirectly upon supposition , in case of the Rising in England concerning the Affair for preparing of them : And that he was told by Philiphaugh thereafter , that there was a Word and Sign to be used amongst them , viz. the sign was by loosing a Button on the Breast , and that the Word was Harmony . Depons , the Pannal spoke to the Deponent to advertise Torwoodlie , that he might acquaint Mr. William Veitch a forfault Traitor , who was in Northumberland , that he might keep himself close , and be on his guard , lest he should be catch'd ; which was since the Pannal was Prisoner in the Tolbooth of Edinburgh . And this is the truth , as he shall answer to God. Sic subscribitur , Tarras , Linlithgow . I. P. D. ALexander Monro of Bear-crofts , Aged fourty five Years , or thereby ; solutus , solemnly sworn and purg'd . Depons , that the Earl of Tarras proposed to the Deponent , that Ierviswood might be made one of the Commissioners for the Affair of Carolina , for that he could not safely stay at Home ; and that the Deponents answer was that he had no interest in the Affair , and so could not be a Commissioner . Depons , that the Pannal did wait for the Deponent at Wooller , and did go alongst with him to London , and that by the way he heard him regrate his own hazard and others , because of Blackwoods Sentence ; and that he heard him regrate the hazard our Laws , and Liberties , and the Protestant Religion were in . Depons , that the Pannal spoke to the Deponent and others , more then once at London for getting of Money from the English to be sent to the late Earl of Argile , for bringing home Arms for the said Earls use , as he understood , for carrying on an Insurrection , and Rebellion in Scotland . Depons , that at the time libelled , in Ierviswoods Chamber in London , Mr. William Veitch a forfault Traitor was present ; and that Sir Iohn Cochran did at that Meeting expressly speak of Money to be sent to Argile for bringing home Arms for invading the Kingdom of Scotland ; And that at another occasion he heard some of them say , that there would be twenty Thousand Men in Scotland who would assist the Rebellion , and that he heard Sir Iohn Cochran and Ierviswood speaking of it , but cannot be positive which of the two said it . Depons , that at the Meeting he heard Ierviswood speak , but did not hear him oppose that Treasonable Proposal , or contradict the Overture proposed by Sir Iohn Cochran . Depons , that Mr. Robert Martin was sent down from that Meeting which was at Ierviswoods Chamber , to Scotland , to try what the People of Scotland would do for their own safety : And that it was understood that the people of Scotland should not rise till there should be a rising in England , and that the Commission was granted to Mr. Robert Martin by all the persons present , whereof Ierviswood was one , and that there were present the Lord Melvill , Sir Iohn Cochran , Cessnocks elder and younger , Mr. William Carstares , Mr. William Veitch , Ierviswood , and the Deponent ; and depons they did contribute Money for Mr. Martins Journey . Depons , that at his return he meeting with the Deponent , told him , that Matters were in that condition in Scotland , and that the Countrey was in such a condition as little would kindle the Fire in order to the Rebellion . And this is the truth , as he shall answer to God. Sic subscribitur , Alexander Monro , Linlithgow , I. P. D. JAmes Murray of Philiphaugh , aged 30. Years , married , purged and sworn , produces ●our Leaves of Depositions , emitted by him before the Lords of the Secret Committie , and all Written and Subscribed with his own hand , which being publickly read , in presence of the Justices , and Assize , he adheres thereto , in all points , whereof the Tenot follows . Upon the day of May , 1683. Upon a letter from Mr. Pringle of Torwoodlie , I came to his house in the morning , and he presently led me to a Chamber , where I found Mr Robert Martin , who was lately come from London , with whom we stayed a little , and discoursed of the news , and about the present condition , and temper of England , and in particular of London , which Mr. Martin said , was much irritated through some attemps upon their Priviledges , either as to the concern of the Sheriffs , or their Charter , but that all honest men were of good heart and very brisk , and after some general discourses to this purpose , Torwoodlie , and I left him ▪ and walked out a little , and he told me , he was expecting the E. of Tarras presently , for he had sent to him ; and Mr. Martin had a Letter to him from Ierviswood , then he told me that there were great matters in agitation at London , and that Mr. Martin had come down with a Commission from our friends there , ( I do not remember he named any ) but that I behoved not to expect , he would impart his Instructions to me , for he was to communicat them only to Polwart and himself , ( at least for these Shyres ) and they were to pitch on such as they thought fit to intrust with the affair , whereupon he assured me , that he had great confidence in me , and his kindness to me oblidged him to send for me , to acquaint me that matters were now come to a crisis , and that he had reason to think England would shortly draw to Arms , and stand by them , till they were satisfied anent the Bill of Exclusion , and what other security they could propose for the Protestant Religion , and their Liberties , and that it was no project of any inconsiderable party but a design through the Kingdom , and that many of the finest men , and of the greatest interest and credit there , had adjusted almost every thing necessar for the purpose , and had concerted matters with our Friends there , in order to concurrence from this , and had agreed to advance Money for furnishing Arms here , ( I do not remember he told me more particulars at this time ) but said , Polwart would be at Gallow-shiels that night , and it would be necessar that the E. of Tarras and I should confer with him fully , on the business , about this time the E. of Tarras lighted , and Torwoodlie having left us for a little time , being gone to bring Mr. Martin ; the E. of Tarras asked me , what news , I told him of Mr. Martins being there , but that he had given me no account of the design of his down-coming , which perhaps he would acquaint him with , but by what I had heard from Torwoodlie , I understood it to be , to engadge us to rise in Arms shortly , whereat the E. of Tarras hummed , and said , he would look ere he leapt , such a leap , or some such expressions , presently Mr. Martin came , and the E. of Tarras and he retired a little , after the reading An Letter , he gave him , the Contents whereof was ( as the E. of Tarras informed me ) only an order from Ierviswood , to deliver some Money to the bearer , which he had left with him , and the E. of Tarras called for his Servant , and bad him bring up the Money ; in the mean time , Torwoodlie asked me , if I had acquainted the E. of Tarras with what he spoke to me , and I told him , I had let something of it fall to him , but it was not to be thought , that persons of sense and quality would engadge in such designs at random ; so Torwoodlie said , that ( though Mr. Martin would not commune with us upon his Commission directly ) yet he thought it would be fit , we conferred , and without taking notice of his Commission , discoursed of things upon suppositions , and as our own privat notions ▪ abstract from any prospect of a present design , so after dinner , we four went to a Chamber , and after some general discourses , of the discontents of both Kingdoms , these suppositions following were discoursed ( and as I remember ) Mr. Martin started them all , or the most part ) viz. What if the countrey party in England should have thoughts of going to Arms ( whereof he knew nothing but only supposed such a thing , for discoursing a little freely , and to know our sentiments , what we thought could be expected here in such a case ) would it not be expedient to have a settled Correspondence betwixt that Party there and here , and might not matters be so adjusted , that both Kingdoms should draw out in one day , and might not as many be expected to undertake in these Shires , and about Edinburgh , as would serve to surprize , and seize our Rulers ( I do not remember any named , but the then Chancellour and Treasurer ) and some to joyn with these on the English borders , to assist them to surprize Berwick ; and if for that effect , any Horse , or Dragoons , that should be in the bounds might not be surprized , that their Horse and Arms might be gotten to furnish the Country people , and Stirling Castle ; and if Argile should at the same time Land in the West , and raise that Countrey , would not these Measures contribute much to the advancement and security of the Interest of that Party here , since thereby the Government would be disordered , and such steps would encourage all that had an inclination to the Countrey Party , to draw to them frankly , and scar many of the other side to act against them , and so they might have leasure to joyn from all places ; and might it not be expected , there would be as many in this Kingdom , as would be able to deal with the Forces here , at least divert them from troubling England . This is the sum , as I remember , of what was proposed , and discourst of , though I cannot distinctly say , it was in this method , and expression , nor was all moved at once , but droped now and then , as the Discourse seem'd to give rise to it ; and though I cannot fully Re●count all that was spoke on these Heads , and tell distinctly , what this and that man said ; yet I remember these following Answers were giving , and ( as I judged ) acquiesced to by the whole Company ; and they were certainly the E. of Tarras , his sentiments and mine , and every one that spoke , used this or some such Precaution , that if they were concerned , or to give counsel in any such case , ( as they were not , &c. ) 1. As to the settling a Correspondence , it was confest to be very convenient for those of a common Interest ; but the present circumstances of Affairs were such ( as we thought , ) that none could be found here who was fit to mannage it , and would undertake it . 2. As to the trysting at the same time , it could not be done without the devulging the Design to all Ranks of people , which none would undertake , except these already in desperat Circumstances , and they could not have generally much influence . 3. The thing was not at all adviseable for this Kingdom , since if any of Englands own measures miscarried , they would not stur for any such Trust ; and the spring of their motions being always at London , there might happen an interruption near the appointment , whereof these here could have no timous notice , and so might keep Tryst , whereby they would be exposed a prey ; and if they should subsist any time , or prevail ( which was hardly possible ) the multitude that must be imployed , are tainted with such wild and unruly Principles , that if once they got the Sword in their Hands , they would never be brought to Order without a greater force to over-awe them ; neither would any expectation of Argiles Landing , be a just ground for such a Tryst , considering the uncertainty of Sea-Voyages ; and if Argile were to be the Head , undoubtedly many people would conclude that he were to be suspected of private designs , and that restoring him , might lay him aside : As also , that dispair might blind his usual prudence , and prompt him to unsolid , and undigested Methods ; and so it was to be expected , that few of the Gentry ( except such as he had special influence on , or such as were under hard Circumstances ) could embarque with him . 4. As to the surprising Rulers , &c. It was inveigh'd against , as an Action not to be thought of amongst Protestants ( especially when the very design of it was pretended , to secure that Religion , which taught its Professors to abhor and detest such Principles as Popish , yea un-christian ) since it could not be effectuat without Blood-shed of people , secure in Peace , which being by all approven , Divines and Casuists condemned as unlawful , and meer Assassination ; it was not to be doubted , that as such a practice would cast a blot upon the whole Affair , and quite take off any pretence of Defensive Arms , so it would scar many from joyning . These things were reasoned again and again : But I do not remember there was any formal Conclusion made , but the Discourse was let fall ; and Mr. Martin told us , if any of us had a mind for a suit of Armour , he could provide as many as we pleased , from one who had made a great many lately , to honest men at London , of a new fashion , very light , and at an easie Rate ; so Torwoodlie and I gave him our measures , E. of Tarras told he had a suit already ; Then Torwoodlie said to the E. of Tarras and me , we would meet Polwort at Gallowsheils , and desired we might Commun with him , anent what we had been Discoursing , so we hasted away , that if possible , we might both get home that Night , it being Saturnday , and we unfurnished , for staying abroad , and Torwoodlie whispered me just as I was mounting ( as I think ) that he was not clear we should commun before Gallowshiels , for he was sometimes too much Good-fellow , or the like ; so the E. of Tarras and I Rod away together , and upon the way we were both of Opinion , that the Suppositions we had discoursed of , were in effect Propositions , and resolv'd , if they were insisted on by Polwort , as we suspected , we would adhere to the former Answer , and would undertake nothing in these methods ; When we came to Gallowsheils , the Laird was abroad , and Polwort was not come , so we had thoughts to go away , being both damped with what had passed , and inclining to be free of farder medling ; but the Lady would by no means hear of our going till her Husband came , who , she assured us , was about the Doors , and she having sent to call him , he would be in presently ; yet it was so late ere he came , that the E. of Tarras could hardly have day enough to go home with ; so Gallowsheils would not let him go , and he would not stay , unless I stay'd , so we both stayed , and not being resolv'd to Discourse with Gallowsheils on what passed , we we it to the Tavern , on pretence I might call the Baillie , and seek Horses or Lime , and stay'd there till Polwort came ( which seemed unknown to Gallowsheils ) then we returned to Gallowsheils House , and after Supper Polwort whispered the E. of Tarras and me , and enquired if we had seen Mr. Martin ; and we having told him we had , he enquired , if we were free to commun on the Affair before Gallowsheils , we told , as he thought fit , for we could trust him ; Then he whispered Gallowsheils , and ( as I understood afterwards ) asked if he was free to commune on matters of great Secrecy and importance with that Company , to which he assented , then we sat down closs together , and as I remember ▪ Polwort began the Discourse ; But since I am not able to follow exactly the method of our Conference , or keep the very expressions used , or repeat all that was spoke , or to tell distinctly what was every mans part of the Discourse ; I shall set down the Heads , and most remarkable Passages thereof , that I remember in some Articles following ; 1. Polwort signified that he was credibly informed ( but I do not remember he named his Informer ) that the Countrey party in England would draw to the Fields shortly , as he heard before Lambass , wherewith Gallowsheils seem'd visibly surprized ; and being asked , if his Heart fail'd him already , he said he did love it better truly to be walking in his own Parks in Peace , and quiet , than to be medling in such matters ; however he assured the Company , that if there came any troublesome world , he would joyn with them firmly ; and the E. of Tarras said , he wondred to hear of any such Resolution in England , for he took it for a Principle amongst that Party there , that they should make no stir in the Kings Life ( which the whole Company owned to be their Opinion and desire ) because that might strengthen the Dukes interest ; and he suspected it was the project of the Common-wealths men , with whom he believed , few Scots Gentlemen would joyn ; and he was almost perswaded the D. of Monmouth would not concur in any rising during the Kings Life , To which it was answered by Polwort , that he had indeed heard that principle had been generally agreed to , but it seem'd they found , they behoved either to do their business now , or lay aside hopes of doing it hereafter , which might be , that if the Charter of London were let fall , they would not only lose all safe opportunity of digesting Matters ; but a great part of their strength , and he heard all things were concerted mutually , betwixt Monmouths Friends and the Heads of the Commonwealth Party ; and tho he heard Monmouth was shy on that account , yet it was hop'd he would engage , for otherways he would be deserted by that Party . 2. Polwort told us the suppositions above-written as overtures concerted betwixt our friends at London , and the principal men of that Party there ; so the E of Tarras and I renewed our former answers also above-written , and maintained them with all our vigour , wherein Gallowsheils joyned forwardly with us ; and Polwort asserted , we went on very good grounds , and he was fully of our opinion , if things were entire but referr'd it to be considered , whether it were better to comply with some of these methods , tho not so proper and justifiable as were to be wish'd , then to disappoint the business totally , which might be of the best consequence to all the Party , yet we did not condescend as I remember to undertake any of these methods . And there was a further argument adduced against the trysting above-written , viz. That it was talked there was a day appointed in England latly in Shaftsberry's time , which did not hold , so they were not to be relyed upon . 3. It was proposed to be considered what methods were most proper in the Companies opinion for Scotland to follow in case of Englands rising , whereanent it was said , that all that could be expected or desired from Scotland , was , that upon the certain News of Englands being in the Fields , those in the Southern Shires who would own that Party , should presently rise , and ( how soon they could get as many conven'd as would be able to deal with stragling Parties , or any sudden rising in the Countrey ) march to joyn them , and that it would be fit these in the Northern Shires of England waited near the Borders for such , and that they had Officers trysted there to command , and that then it would be seasonable for Argile to land in the West , and these Parties on the Borders might divert the Forces till he had time to put himself in a posture . These things seem'd to be the sentiments of the whole Company , but were not finally determined till the opinion of others who were to be communed with by Polwort were known : And it was represented , there behoved not to be any wilful and obstinate adhering to our own thoughts of things , ( but an mutual condescendance to others concerned , ) otherwise it were not possible to bring a publick Design to any good issue . 4. All the Company seem'd to agree , that they should undertake nothing or move in that Affair , till they had a full and certain account what England proposed , what methods they resolved to follow there , who were to be their Heads , and that if they design'd any attempt on the Kings Person , or overturning Monarchy , they would not be forward or clear to joyn : And it being here insinuated , that the most they could do ( at least for which there could be any plausible pretence to justifie ) was to draw together , and without any act of Hostility , send Addresses to His Majesty for redress of the present abuses of the Government , and for obtaining sufficient security against the hazard they apprehended to their Religion and Liberties . It was said by Polwort that he was apt to think , that was their very design , for he had heard it was generally believed by that Party in England , that if once they were in a Body , the King would be prevailed with to quite the Duke , to be tryed for Popery , correspondence with France , and accession to the Popish Plot , and then if the King were once free from the influence of the Dukes Counsels , they were confident he might be moved to reform their Abuses , and secure their Religion and Liberties for the future to their contentment . 5. It was resolved , that till we got the foresaid account from England , and were satisfied thereanent , and knew others here ( who were to be communed with ) their Sentiements of what methods were most proper for us , in case we should undertake , we should not meddle further ; only it was left to the Earl of Tarras and me , if we thought fit to acquaint Sir William Scot younger with some of the matter of this Conference overly , without taking notice of our Informers , or such an Conference ; and it was recommended to all to be enquiring ( at such as they had some trust in ) indirectly about the affection of our Neighbours , and what Arms there was amongst them ; that if we should get an satisfying account , and resolve to joyn , we might know where to seek Men and Arms suddenly : here it was said by Polwort , as I think , that if the E. of Tarras , Torwoodlie , Gallowsheils , and I once took Horse , he thought the most part of the West end of Tiviotdale and Selkirk Shire would soon come to us , especially , when they heard England was risen , then we trysted to meet there against Midsummer Fair , betwixt and which the forsaid account was expected , but in case it came to any of our hands sooner , we promised to advertise the rest , that we might meet , presently , if the case required ; this is the substance and sum of what passed at the forsaid conference , that I can now remember ; but I remember , I was likewise told these following particulars in privat , by Polwart , or Torwoodlie , ( which of them , I cannot distinctly tell ) the day of the forsaid conference , or within a short time after . 1. That Polwart keeped the correspondence with our friends at London , I remember not positively of any of them that was named , to be on the entrigue there , except my Lord Melvil , Sir Iohn Cochran , Ierviswood , and Commissar Monro ( for I hardly knew any of the rest ) and as I think , Commissar Monro was call'd his correspondent there . 2. That the Money to be advanced by the English partie to Scotland was ready , when Mr. Martin came from London , and it was expected , that within few days after , it would be dispatched with some confident to Holland , ( whither by Bills , or in Cash , I cannot say ) it was call'd ten thousand pound Sterlin , and was to be imployed ( as I was told ) by that confident , at Argyles sight , for buying Arms , providing Ships to transport them with Argyle , to the West here , and such other Charges . 3. That how soon our friends at London got notice of the safe arrival , of the confident forsaid , and all other things were finally concluded there ( which was expected would be about the middle of Iune , as I remember ) they would come home , and as they passed , would give them , or one of them , an particular account of all resolutions taken to be communicat to the rest , that it was not to be expected by Letters , that behoved to be under figures , and dark expressions , and as I remember , they were written as it were about the Carolina business , or some houshold Furniture , as I was told , for I never remember I saw any Letter , either direct to London , or sent from it on that head . 4. I was told there was a Sign , and a Word agreed on by that Party , so that men might know with whom they might use freedom , the Word , as I remember was Harmony , and the Sign , the opening two Buttons in the breast coat and shutting them presently ; this I communicat to the Earl of Tarras , but does not mind I ever saw it used , except when I visited Park-Hay here in Town , about the end of Iune ; we discoursing a little freely , he asked if I had the Word and Sign of the Carolina men , and I having given them , he said something to this purpose , that he was afraid that the Carolina business did not go well , for there had been some of the Managers expected here ( as I think he named Ierviswood or Commissar Monro ) these eight days past , but there was none come , nor could he learn that any of their Friends had heard from them for several Posts . Polwart , Torwoodlie , and I met at Gallowsheils , on Midsummer Fair , but I mind nothing passed but private whisperings . Dated September 15. 1684. and subscrived thus , Iames Murray . Edinburgh , December 23 ▪ 1684. THe Deposition above-written being read to the said Iames Murray of Philiphaugh , in presence of the Justices and Assizers , he adheres thereto in all points upon Oath . Sic subscribitur , James Murray . Linlithgow , I. P. D. THe said Iames Murray further depons , That at their meeting at Gallowsheils , it was resolved , that they should keep up their Cess unpayed till their next meeting at Midsummer , which was to be at Gallowsheils , and should deal with all these they had influence upon to do the like , and that upon the supposition mentioned in his Oath given in . It was spoke amongst them that the Troupers Horses should be seized upon , when they were grasing . And this is the Truth , as he shall answer to God. Sic subscribitur , James Murray . Linlithgow , I. P. D. HVgh Scot of Gallowsheils , aged 36. Years , married , purged , &c. and sworn . Depons , That the Earl of Tarras and Philiphaugh did come to the Deponents House , in May , 1683. and Polwart came likewise there , where there were Discourses and Proposals , that if the English would rise in Arms , their Friends in the South Shires should rise with them ; and that they should seize the Horses belonging to the Kings Troops where they grased ; and the Town of Berwick , and the Castle of Stirling : And likewise it was there discoursed anent the late Earl of Argiles coming to invade Scotland , but because of the uncertainty of Sea Voyages , there was not much stress laid upon it . Depons , It was also proposed , that some of the South Countrey whom they trusted in should be acquainted with it , and that endeavours should be used to learn what Arms was in the Countrey . Depons , There was some such discourse there , as that the Earl of Tarras , Philiphaugh , Torwoodlie , Polwart , and some others should draw to Horse with the first when the rising should be in readiness , that it might be expected that the South parts of Teviotdale and Selkirk Shire would joyn with them . And this is the truth , as he shall answer to God. Sic subscribitur , Hugh Scot. Linlithgow , I. P. D. HIs Majesties Advocat produc'd other Depositions , emitted by Gallowsheils before the Lords of the Secret Committee , whereof the Tenor follows . Edinburgh , the 14 of September 1684. GAllowsheils Depons , that the E. of Tarras and Philiphaugh , being in his House in May 1683. Discoursed of an intended rising in England , and of Proposals made to Scots men , to rise with them , and of London in particular , and that Polwort was present at that Meeting , and told he was sure the Englishmen intended so , and that it was Discoursed at that Meeting amongst them , that it were fit to seize Berwick and Stirling ; and that it was talked amongst them of bringing the Duke of York to Tryal , and tha● the King would abandon him . Sic Subscribitur , Hugh Scot. Perth , Cancel . Queensberry George Mckenzie . Io. Drummond . George Mckenzie . Edinburgh , October 29. 1684. Sederunt . Lord Chancellour . Lord Secretary . Lord President . Lord Advocat . THe Laird of Gallowsheils , Prisoner in the Tolbuith of Edinburgh , being Call'd and Examin'd upon Oath , Depons , that in the Moneth of May 1683. The E. of Tarras , Hume of Polwort Elder , and Laird of Philiphaugh , came to the Deponents House , himself being absent , at his coming home , they were speaking of the Security of the Protestant Religion ; and of a Party in England , who would secure , or seize the King or Duke ; and that if any should rise in Arms to Defend them , or to rescue the King and Duke : There was another Party who would rise in Arms against them , it was proposed , that some Countrey-men should be spoken to , to try their Resolutions , and that the Resolutions , of England should be told them , to see if they would concur . But the Deponent does not remember that this proposition was approven , or undertaken to be done by any present ; nor does he remember who manag'd the Discourse . It was likewise propos'd , to seize the Officers of State , especially the Chancellour and Thesaurer , and the said , Sir Iohn Cochran was to come to the West from England , for advancement of the Design ; and that the Earl of Argile was to Land in the West Highlands , and to raise that Countrey . Of these matters , all these who were present Discoursed , as of an Affair that they were agitating , and wherein themselves were particularly concerned , though at that time they did not conclude what their carriage should be ; The reason why the Deponent cannot be more particulars is , because he was sometimes going out , and sometimes walking up and down the Room ; and though the Deponent cannot be positive of the very words ; yet he is positive they were either these Words , or Words to that purpose . Sic subscribitur , Hugh Scot. Perth Cancellarius . Edinburgh , December 23. 1684. HVgh Scot of Gallowsheils being solemnly Sworn in presence of the Justices and Assize , adheres to the Depositions within , and above-written in all points , Sic subscribitur . Hugh Scot. Linlithgow , I. P. D. HIs Majesties Advocat in fortification of the former Probation , adduces the Printed Copy of Mr. William Carstares Depositions , emitted before the Officers of State , and other Lords of Privy Council , and leaves the same to the Assise , and uses it as an Adminicle of Probation ; for though it was capitulat , that he should not be made use of as a Witness ; yet it was agreed , that the Deposition should be published : and likewise produces the Principal Deposition signed by himself , and the said Lords . THe Lords , Justice-General , Justice-Clerk , and Commissioners of Justiciary , admit the Paper produced as an Adminicle , and refers the import thereof to the Inquest , and ordains the Printed Paper as it is Collationed , to be taken in , and considered by the Inquest . SIr William Paterson , and Mr. Colin Mckenzie , Clerks of His Majesties Privy Council being Interrogat , if they heard Mr. William Carstares own the Depositions Read , Depons they saw and heard him Swear , and own the same upon Oath , and they Collationed the Printed Copie with the Original formerly , and now they heard it Collationed , Sic subscribitur , Will. Paterson . Colin Mckenzie . THe Deposition of Mr. William Carstares , when he was Examined before the Lords of Secret Committee , given in by him , and renewed upon Oath ; upon the 22. of December 1684. in presence of the Lords of His Majesties Privy Council . Edinburgh Castle , September 8. 1684. MR. William Carstares being Examined upon Oath , conform to the Condescention given in by him , and on the Terms therein-mentioned ; Depons , That about November , or December 1682. Iames Stuart , Brother to the Laird of Cultness , wrot a Letter to him from Holland , importing , That if any considerable sum of Money could be procur'd from England , that something of importance might be done in Scotland : The which Letter , the Deponent had an inclination to inform Shepherd in Abb-Church-lane , Merchant in London of ; but before he could do it , he wrot to Mr. Stuart above-nam'd to know from him , if he might do it ; and Mr. Stuart having consented , he communicat the said Letter to Mr. Shepherd , who told the Deponent that he would communicat the Contents of it to some persons in England ; but did at that time name no body , as the Deponent thinks : Sometime thereafter , Mr. Shepherd told the Deponent , that he had communicat the Contents of the Letter above-named , to Colonel Sidney , and that Colonel Danvers was present , and told the Deponent , that Colonel Sidney was averse from imploying the late Earl of Argile , or medling with him , judging him a man too much affected to the Royal Family , and inclin'd to the present Church-Government ; yet Mr. Shepherd being put upon it by the Deponent , still urg'd , that one might be sent to the Earl of Argile ; but as Mr. Shepherd told him , he was suspected upon the account of his urging so much ; yet afterwards he press'd , without the Deponents knowledge , that the Deponent being to go to Holland however , might have some Commission to the Earl of Argile , which he having inform'd the Deponent of , the Deponent told him , that he himself would not be concern'd , but if they would send another , he would introduce him ; but nothing of this was done : upon which the Deponent went over , without any Commission from any body , to Holland , never meeting with Iames Stuart above-named : He was introduc'd to the Earl of Argile , with whom he had never before conversed , and did there discourse what had past betwixt Mr. Shepherd and him ; and particularly , about remitting of Money to the said Earl from England ; of which the said Mr. Stuart had written to the Deponent , namely of 30000 pounds Sterling ; and of the raising of 1000 Horse and Dragoons ; and the securing the Castle of Edinburgh , as a matter of the greatest importance : The method of doing this was proposed by the Deponent , to be one hour , or thereby , after the relieving of the Guards : But the Earl did not relish this Proposition , as dangerous ; and that the Castles would fall of consequence , after the Work abroad was done . Iames Stuart was of the Deponents Opinion for seizing the Castle , because it would secure Edinburgh , the Magazines and Arms ; As to the 1000 Horse and Dragoons , my Lord Argile was of Opinion , that without them nothing was to be done ; and that if that number were rais'd in England to the said Earl , he would come into Scotland with them ; and that there being so few Horse and Dragoons to meet them , he judg'd he might get the Country without trouble , having such a standing Body for their Friends to Rendezvous to ; and the said Earl said he could show the Deponent the conventient places for Landing , if he understood ; and as the Deponent remembers , where the Ships could attend . The Deponent remembers not the names of the places . The Deponent spoke to the Lord Stairs ; but cannot be positive that he nam'd the Affair to him , but found him shy : but the Earl of Argile told him , he thought Stairs might be gain'd to them : And that the Earl of Lowdo●n being a man of good Reason , and disobliged , would have great influence upon the Countrey , and recommended the Deponent to Major H●lms with whom the Deponent had some acquaintance before , and had brought over a Letter from him to the Earl of Argyle ; but the Deponent had not then communicate any thing to the said Holms , Iames Steuart laid down a way of correspondence by Cyphers and false Names , and sent them over to Holms , and the Deponent , for their use ( which Cyphers and Names , are now in the hands of His Majesties Officers , as the Deponent supposes , ) and did desire the Deponent earnestly to propose the 30000. pound Sterling abovenamed to the party in England , and did not propose any less ; for as the Earl told the Deponent , he had particularly calculate the Expence for Arms , Ammunition , &c. But Iames Steuart said , that if some less could be had , the Earl would content himself , if better might not be ; but the Earl always said , that there was nothing to be done without the body of Horse and Dragoons above-mentioned . During the time of the Deponent his abode in Holland , tho he had several Letters from Shepard , yet there was no satisfactory account , till some time after the Deponent parted from the Earl of Argyle , and was making for a Ship at Rotterdam to transport himself to England . Iames Steuart wrot to him that there was hopes of the Money . The next day after the Deponent came to England , he met with Sir Iohn Cochran , who , with Commissar Monro , and Ierviswood , was at London before he came over ; and depons , that he knows not the account of their coming , more then for the perfecting the Transaction about Carolina : and having acquainted Sir Iohn Cochran with the Earls demands of the 30000 pound Sterling and the 1000. Horse and Dragoons , Sir Iohn carried him to the Lord Russel , to whom the Deponent proposed the affair , but being an absolute Stranger to the Deponent , had no return from him at that time ; but afterwards having met him accidently at Mr. Shepards ho●se , where he the Lord Russel had come to speak to Shepard about the Money above-named , as Mr. Shepard told the Deponent . The Deponent ( when they were done speaking ) desired to speak to the Lord Russel , which the Lord Russel did , and having reiterate the former Proposition for 30000. pound Sterling , and the 1000. Horse and Dragoons , he the Lord Russel told the Deponent , they could not get so much raised at the time , but if they had 10000. pound to begin , that would draw People in , and when they were once in , they would soon be brought to more ; but as for the 1000. Horse and Dragoons , he could say nothing at the present , for that behoved to be concerted upon the Borders . The Deponent made the same proposal to Mr. Ferguson , who was much concerned in the Affair , and zealous for the promoving of it . This Mr. Ferguson had in October or November before , as the Deponent remembers in a Conversation with the Deponent in Cheapside , or the Street somewhere thereabout , said , that for the saving of innocent Blood , it would be necessary to cut off a few , insinuating the King and Duke , but cannot be positive whether he named them or not , to which the Deponent said , that 's work for our wild People in Scotland , my Conscience does not serve me for such things ; after which the Deponent had never any particular discourse with Ferguson , as to that matter ; but as to the other Affair , Ferguson told the Deponent that he was doing what he could to get it effectuate , as particularly that he spoke to one Major Wildman who is not of the Deponent his acquaintance . Ferguson blamed always Sidney , as driving designs of his own . The Deponent met twice or thrice with the Lord Melvil , Sir Iohn Cochran , Ierviswood , Commissar Monro , the two Cessnocks , Mongomery of Landshaw , and one Mr. Veitch , where they discoursed of Money to be sent to Argyle , in order to the carrying on the Affair , and tho he cannot be positive the Affair was named , yet it was understood by himself , and as he conceives by all present , to be for rising in Arms , for rectifying the Government . Commissary Monro , Lord Melvil , and the two Cessnocks were against medling with the English , because they judged them men that would talk , and would not do , but were more inclined to do something by themselves , if it could be done . The Lord Melvil thought every thing hazardous , and therefore the Deponent cannot say he was positive in any thing , but was most inclined to have the Duke of Monmouth to head them in Scotland , of which no particular method was laid down . Ierviswood , the Deponent , and Mr. Veitch , were for taking Money at one of these Meetings . It was resolved , that Mr. Martin , late Clerk to the Justice Court should be sent to Scotland , to desire their Friends to hinder the Countrey from Rising , or taking rash Resolutions upon the account of the Council , till they should see how matters went in England . The said Martin did go at the Charges of the Gentlemen of the Meeting , and was directed to the Laird of Polwart and Torwoodlie , who sent back word that it would not be found so easie a matter to get the Gentrie of Scotland to concur : But afterwards in a Letter to Commissar Monro , Polwart wrote that the Countrey was readier to concur then they had imagined , or something to that purpose . The Deponent , as above-said , having brought over a Key from Holland , to serve himself and Major Holms : he remembers not that ever he had an axact Copy of it , but that sometimes the one , sometimes the other keeped it , and so it chanced to be in his custody when a Letter from the Earl of Argyle came to Major Holms , intimating , that he would joyn with the Duke of Monmouth , and follow his measures , or obey his Directions . This Mr. Veitch thought fit to communicate to the Duke of Monmouth , and for the Understanding of it was brought to the Deponent , and he gave the Key to Mr. Veitch , who as the Deponent , was informed , was to give it and the Letter to Mr. Ferguson , and he to shew it to the Duke of Monmouth ; but what was done in it , the Deponent knows not . The Deponent heard the Design of Killing the King and Duke , from Mr. Shepard , who told the Deponent some were full upon it . The Deponent heard that Aron Smith was sent by those in England to call Sir Iohn Cochran , on the account of Carolina , but that he does not know Aron Smith , nor any more of that matter , not being concerned it it . Shepard named young Hamden frequently as concerned in these Matters . Signed at Edinburgh Castle , the 8. of September , 1684. and renewed the 18 of the same Month. William Carstares . PERTH CANCELL . I. P. D. Edinburgh Castle 18 September 1684. MR. William Carstares being again Examined , adheres to his former Deposition , in all the parts of it , and Depones he knows of no Correspondence betwixt Scotland and England , except by Martin before named ; for those Gentlemen to whom he was sent , were left to follow their own Methods . Veitch sometimes , as the Deponent remembers , stayed sometimes an Nicolson , Stabler's House , at London-wall ; sometimes with one Widow Hardcastle in More-fields . The Deponent did Communicate the Design on foot to Doctor Owen , Mr. Griffil , and Mr. Meed , at Stepney , who all concurred in the promoting of it , and were desirous it should take effect ; and to one Mr. Freth in the Temple , Councellor at Law , who said that he would see what he could do in reference to the Money , but there having gone a Report , that there was no Money , to be raised , he did nothing in it ; nor does the Deponent think him any more concerned in the Affair . Nelthrop frequently spoke to the Deponent of the Money to be sent to Argyle , whether it was got or not , but the Deponent used no freedom with him in the Affair . Goodenough did insinuate once , that the Lords were not inclined to the thing , and that before , they would see what they could do in the City . The Deponent saw Mr. Ferguson , and Mr. Rumsay , lurking after the Plot broke out , before the Proclamation , having gone to Ferguson , in the back of Bishopsgate-street , at some new Building , whether he was directed by Ierviswood , who was desirous to know how things went. Rumsay was not o● the Deponent his acquaintance before , but they knew as little of the matter as the Deponent . This is what the Deponent remembers , and if any thing come to his Memory , he is to deliver it in betwixt the first of October . And this is the truth , as he shall answer to God. William Carstares PERTH , Cancell . I. P. D. At Edinburgh , the 22. of December , 1684. THese foregoing Depositions , Subscribed by Mr. William Carstares Deponent , and by the Lord Chancellor , were acknowledged on Oath by the said Mr. William Carstares , to be his true Depositions ; and that the Subscriptions were his , in presence of us Under subscribers . William Carstares . PERTH Cancell . David Falconer . Queensberry . George Mckenzie , Athol . HIs Majesties Advocat for further probation , adduces the Examinations of Mr , Shepard , taken before Sir Leolin Ienkins Secretary of State for England , with the Information or Deposition of Mr. Zachary Bourn , relating to the Plot , sign'd by him and Secretary Ienkins , of which Depositions the tenors follow . THe Examination of Thomas Shepard of London Merchant , taken upon Oath before the Right Honourable Sir Leolin Jenkins Knight , His Majesties Paincipal Secretary of State , the 23. day of December . 1683. THe Deponent saith , That Ferguson told him on , or about the Moneth of April last , that an Insurrection was intended both in England and in Scotland , and that for the settling that Affair betwixt the two Nations , Mr. Baillie , Mr. Monro , Sir Iohn Cochran , Sir Hugh and Sir George Campbels , with some others ( whose names this Deponent heard not ) were come to London . That the Deponent had some acquaintance with Mr. Baillie , Mr. Monro . and Sir Iohn Cochran , and none at all with Sir Hugh and Sir George Campbels ; that Mr. Baillie told the Deponent , that the Earl of Argile demanded Thirty Thousand Pounds of the English to capacitat him to begin the business effectually in Scotland , and that he the said Baillie likewise told the Deponent , that having concerted things with the Lord Russel and others , he the said Baillie found an impossibility of raising that Sum ; After which the said Baillie had acquainted the Deponent , that they were certainly promised Ten Thousand Pounds , which Sum was agreed to be payed into the Deponents hands , in order to be remitted into Holland , for the providing of Arms ; and that the said Baillie told the Deponent at divers times , that the said Sum , or at least one half of it would be payed such a day , and such a day ; and sometimes asked the Deponent , if he had received any part of the said Money , to which the Deponent replyed that he had not , and that he the Deponent scarce thought any would be payed . And the Deponent also saith , that having had some little conversation with Sir Iohn Cochran , he remembers well , that both of them did sometimes lament the delays in not paying in the Money , and said , that although the said Ten thousand Pounds were pay'd in , they , the said Sir Iohn Cochran and Mr. Monro , fear●d it would be too little ; and this Deponent further sayeth not , as to any new matter . But the Deponent being asked , to Explain what he thought was meant by the words above-written , viz. to capacitat him ( the Earl of Argile ) to begin the business , he , this Deponent sayeth , that he did understand by the Word business , an Insurrection in Scotland . Sic subscribitur , Iurat coram . Thomas Shepard . L. Ienkins . THe Information of Zachary Bourn of London , Brewer , taken upon Oath , the tenth day of December 1683. before the Right honourable Mr. Secretary Ienkins . THe Informant Deposeth , and sayeth , that Mr. Baillie set up one Night , if not two , with Mr. Ferguson , and went several times in the Evening with him to the Duke of Monmouth , and the chief mannagers of the Conspiracy ; That Ferguson told the Deponent , that he the said Baillie was the chief man for the Scots , next to the Lord Argile ; that the said Baillie did sit up the greatest part of one night , with the said Ferguson ; at which time this Deponent believeth they were busie in preparing the intended Declaration , which the Deponent has the more reason to believe , in as much as the said Ferguson did go about to show him the Deponent , such a Paper , wherein the said Ferguson was hindered by the coming up Stairs of some person , to speak with the said Ferguson , that the said Ferguson told the Deponent , that the main business of the said Baillie , in meeting the saids Conspirators , was in order to get from them the Ten thousand Pounds , promised for the buying of Arms , for the Insurrection intended in Scotland . That the Deponent saw Mr. William Carstares come often to the Lodgings of the said Ferguson ; but that the said Ferguson never told the Deponent of any Discourse held by him with the said Carstares : and further this Deponent saith not ▪ sic subscribitur , Zac. Bourn . Iurat coram . L. Ienkins . HIs Majesties Advocate likewise produced several Warrands , and Papers to prove , that those Depositions are sign'd by Sir Leolin Ienkins . HIs Majesties Advocate also produced the Books of Adjournal , bearing Mr. William Veitch to be a Forefault Traitor , and the Act of Parliament whereby the Forefaulture is Ratified , His Majesties Advocat's Speech to the Inquest . My Lords and Gentlemen , YOu have now a Conspiracy against His Majesties Sacred Person , and Royal Government , so fully discover'd , that they must want Reason as well as Loyalty , who do not believe the Discovery ; and they must be enemies to sincerity , as well as to the King , who do not acknowledge it . Beside , that the Councils of all the three Nations , thought the proof sufficient , for Indicting a General Thanksgiving through all these Nations ; and that the Judges of England thought the same strong enough to infer Forefaulture of Life and Estate , against some of all Ranks there ; you have a Discovery made here from the Late E. of Argiles own Letters , and the Confession of his own Emissaries , the two surest proofs that Law ever invented , or the nature of Humane Affairs can allow ; and I am this day to add to all this , a new S●rt of Proofs in the Process that I now lead against this Pannal , from the Confessions of Noblemen and Gentlemen , who have been engaged in this wicked Conspiracy ; and who from a sense of their Guilt , are content freely to Depose against their nearest Relation , and their most intimate Friend , in which having thus cleared to you , that there was really such a Conspiracy , I shall , in the next place , proceed to prove this Pannals Accession to it . It cannot be imagined , that we would willingly involve our Countrey men in it , without a Conviction stronger then our kindness to Scotland ; nor did His Majesties Servants accuse this Pannal , without the opinion of the ablest Lawyers of the Kingdom , who did , with them concur , to think that there was not the least occasion of doubting left , to the most indifferent Inqueist of his guilt , after they had seriously , and with reflection , read over , and pondered the probation now laid before you . The Person accused of accession to this Cryme is the Ring-leader of all those , who in this Kingdom concurr'd with the English Conspirators , as you may see by the Testimonies of all who have Deposed ; and it was indeed fit and just to begin with the most guilty , so that if he be not convicted , there should no man be punished for this Conspiracie ; all the noise we have heard of it , is but a Cheat , the Kings Judges have been Murderers , all the Witnesses have been Knaves , and such as dyed for it have been Martyrs . The Accession charged on the Pannal , is not an accidental escape , nor is it proved by Witnesses , who can be suspected of unkindnes to his Person , or his Cause , for it is a long tract of a continued design , gone about with the greatest deliberation and concern imaginable , and proved by his nearest Relations , and persons so deeply engadged in that Cause , ( for which he Suffers , ) that they were content with him to venture their Lives and Fortunes in that quarrel . He is not accused of a Crime that can amount only to a single Murder , though that be a dreadful Cryme , but a Rebellion , which was to draw upon us a Civil War , that Murder of Murders , in which hundreths of thousands were to fall ; and to Crown all , he was to 〈◊〉 ▪ and to be the 〈…〉 a Rebellion , in which one of the first steps was to kill His Sacred Majestie , and his Royal Brother ; and one of the chief Witnesses which I have led against him , is Bourn , which Bourn confessed that he was to kill the King , and who confesses the Pannal sat up several nights with Ferguson , the other contriver of the Kings Murder , and so familiar was he with him , that Bourn depons , that the said Pannal had been with Ferguson , at the drawing of the manifesto , whereby he was not only to be an Actor , but to be the Justifier of that horrid Villanie : and therefore Bourns depons , that Ferguson , ( the best Judge in that case ) looked upon him as the chief man , next to Argyle ; But because no man is presumed to go to such a hight , without previous inclination and motives , I shall to convince you , that this Gentleman was very capable of all that was lybelled against him , remember you , that he is Nephew , and Son in Law to the late Waristoun , bred up in his Family and under his Tutory ; about the time of this Plot it was undenyably known , and is now sufficiently proved , by two present Witnesses , the Earl of Tarras and Commissar Monro , that he thought himself desperat , knowing himself to be guilty of Treason by Blackwoods Case ; and as it 's presumable , that a man that 's guilty of one point of Treason , will commit another ; so when a man is desperat as to his Life and Fortune , he is capable of any thing ; he was likewise animated to commit this Cryme , by the intelligence he had that there was a Plot in England , carryed on by men of so great Parts , Fortune and Influence , and by the too probable hopes , that they would get all the Western Shires to joyn with them here , because of the common guilt , in which they had engadged themselves , by their late extravagances , they made an account of an assistance of twenty thousand men ; and by Philiphaughs Deposition , that these Gentlemen expected the concurse of the Southern-Shires ; and thus , I am to prove to you a Cryme , which is in it self , so probable and liklie , that it should need little probation , tho I have adduced for your conviction sufficient evidences , albeit the Cryme were in it self very unliklie . The Crymes which I hope I have proved , are , That Ierviswood the Pannal transacted for Money to the late Earl of Argyl , a declared Traitor . 2. That he designed to raise a Rebellion . 3. That he intercommuned with the Earl of Argyl and Mr. Veitch declared Traitors . 4. That he was present , whe●● it ●as treated ▪ either that Argyle should have Money from the English ▪ and assistance from Scotland , or that a Rebellion should be raised , and that he did not reveal the famine ; and all these being sound relevant separati●n ▪ it is sufficient for me to have proved any one of them . And if a Gentleman was lately found guilty of High-Treason , by the opinion of all the Lords o● Session , for not revealing , that Sir Iohn Cochra● sought fifty pound Sterling from him , though he refused the same , and tho he believed , it was sought for a charitable subsistance to preserve him from starving ; what deserves this Pannal , who sought thirty thousand pound Sterling , to buy him Arms , to invade his Native Countrey ? That Ierviswood was designing to carry on a Rebellion , or at least was accessory , or ( as our Law terms it ) was Art and Part thereof , is clearly prov'd ; but that in this occult and hidden Crime , which uses not to be prov'd by clear witnesses ; I may lead you thorow all the steps of the Probation , which like the links of a Chain , hang upon one another . You will be pleased to consider , that 1. It is proved that he desired a blind Commission to go to England , not to manage the affairs of the Carolina Company , as he confess'd , but to push the People of England to do something for themselves , because they did only talk and not do ; and what he would have them to do , appears too clearly , because he tells the Earl of Tarras it was probable , that if the King were briskly put to it by the Parliament of England , he would consent to exclude the Duke from the Succession : here is not only a Treasonable Design , ( though a design be sufficient in Treason ) but here are express acts of Treason proved , viz. The treating with the Earl of Tarras upon this design , the settling a Correspondence with him for the prosecution of it , and the writing Letters from London to him concerning it , and the sending down Mr. Martin to compleat it by a general ●●sing ; As he design'd to push on the English , so he prosecutes closely 〈◊〉 Design upon all occasions . On the Road he complains cunningly and bitterly , that our Lives , Laws and Liberties , and the Protestant Religon were in danger , the stile and method of all such as design to Rebel ; after he arrives at London , he engages the Conspirators there to assist the late Earl of Argile , a declar'd Traitor , with Money to buy Arms ; this was indeed to push the English to do the most dangerous things by the most dangerous man , and in the most dangerous methods . He enters also in a strict Correspondence with Ferguson the Contriver , with Shepard the Thesaurer , and Carstares the Chaplain of the Conspiracy . Alexander Monro another present Witness , proves that he argued with him , that it was necessary to give Argile Money expressly for carrying on the Rebellion , and that they did meet at Ierviswoods Chamber where this was spoke of , and from which Mr. Robert Martin was sent to their Friends in Scotland to know what they would do ; and though the silly caution was , that they sent him to prevent their rising , yet a man must renounce common sense , not to see that the design was to incite them to Rebellion , and to prevent only their doing any thing in this rebellious design , by which they might lose themselves in a too early and abortive Insurrection here , till things were ready in England . For , 1. This Commission was given him in a place , and by a Company who had been themselves treating immediatly before of sending Money to the late E. of Argile to buy Arms , and certainly those Arms were to be bought for Men , and not for a Magazine . 2. They were treating how many Men could be raised in Scotland . 3. Carstares Deposition bears , that Martin was sent to hinder rash Resolutions , till they saw how Matters went in England , and the return to their Embassy bore , that it would not be an easie matter to get the Gentry of Scotland to concur ; but afterwards better hopes of their rising was given , which could not have been , if the true Commission had not been to raise Scotland . 4. That Sir Iohn Cochran made a Speech to that purpose , is expressly prov'd , and that Ierviswood spoke to the same purpose , is prov'd by a necessary consequence ; for since it 's prov'd that he spoke , and that he did not speak against it , it must necessarily follow that he spoke for it , though the Witness is so cautious , that he cannot condescend upon the words now after so long a time ; and it is against Sense to think , that Ierviswood who in privat press'd the same so much upon Commissar Monro , and who was the Deacon-Conveener here , and who , as Mr. Martin their Envoy declared , was the person who was to be sent for the Arms , should not himself have been the most forward man in that Design , but above all exitus acta probat , this Commissioner , ( who being a meer Servant , durst not have proposed any thing from himself , being a mean Person , and being one , who , as the Earl of Tarras deposes , would say nothing , but what was in his Paper : ) does expresly declare , that he came from Ierviswood and others ; and in the meeting with him , a Rebellion is actually formed , and it is resolved , they should seize the King's Officers of State , Garisons , and Forces , and that they should joyn with the late E. of Argyle , and put their own Forces in a condition to joyn with these Forces that were to come from England , and they gave a Sign , and a Word , which uses only to be done in actual War ; So here is Treason clearly prov'd , by two present Witnesses , from the first Design to it's last perfection . Nor can it be objected , that they are not concurring Witnesses , but testes singulares upon separat Acts , for in reiterable Crimes , Witnesses deposing upon different Acts ; do prove if the deeds tend to the same end ; as for instance , if one Witnes should depose , that they saw a Traitor sit in a Council of War , in one place , and in another place , they saw him in Arms , or that one saw him assist at a Proclamation in one place , and saw him in Arms in another ; or that one saw him writ a Treasonable Paper , and another saw him use it ; These Witnesses are still considered as contestes , or concurring Witnesses , and ten or twelve Inqueists have so found , and upon their Verdict , Rebells have been lately hang'd . The learn'd Judges of England being all met together did expresly find , that one Witnes proving , that A. B. said , that he was going to buy a Knife to kill the King , and another deposing , that he saw him buy a Knife , without telling for what , that these two Witnesses were contestes , and prov'd sufficiently the Cryme of Treason , yet there the one Witnes , prov'd only a remote Design , and the other an Act , which was indifferent of it's own nature , and became only Treasonable by the Connexion ; But no Witnesses ever Deposed upon things so coherent , and so connected together , as these do , for they depose still upon the same person , carrying on the same Design of a Rebellion ; as to which , in one place , he is exciting his own Nephew , and telling him his Resolutions , and settling a Correspondence with him , at another time , he presses Commissar Monro to the same Rebellion . At a third , He holds a meeting at his own Chamber , and speaks concerning it , and from that meeting , he sends a Trusty , who formes the Rebellion . Besides all this , tho two Witnesses be sufficient , I have adduced Mr. William Carstares Chief Conspirator , and who choos'd rather to suffer violent Torture , than to disclose it , he likewise Deposes upon all these steps , and connects them together , and this his Deposition is twice reiterated , upon Oath , after much premeditation . And I likewise adduce two Depositions taken upon Oath , by Sir Leolin Ienkins , who was impower'd by the Law of England , and at the command of the King , and the Council of England , upon a Letter from His Majesties Officers of State here , In which Deposition , Shepard , one of the Witnesses , deposes , that Baillie came frequently to him , and desired him to advance the Money , and lamented the delays , and that there was so little to be advanced ; and who should be better believed then one who was his own Trustie , and a Person who was able to advance so great a Sum ; Bourn , another of the Witnesses , Deposes , that Ferguson told him , that the Pannal spoke frequently to him concerning the same Money , and that he sat up several nights with Ferguson upon the said Conspiracy ; and who should be better believed then Fergusons confident , and one who was so far trusted in the whole affair , that he was to take away that Sacred Life , which Heaven has preserv'd by so many Miracles . Against these three Depositions , you have heard it objected , that non testimonia sed testes probant , especially by our Law , in which , by an express Act of Parliament , no Probation is to be led , but in presence of the Assise and Pannal . To which it is answered , that these Depositions are not meer Testimonies ; for I call a Testimony , a voluntar Declaration , emitted without an Oath , and a Judge ; but these Depositions are taken under the awe of an Oath , and by the direction of a Judge . 2. Shepard was confronted with the Pannal himself , and he had nothing to say against him ; whereas the great thing that can be objected against Testimonies ( and by our Statute especially ) is that if the Party who emits the Testimony had been confronted with the Pannal ; the impression of seeing a person that was to die , by his Deposition , would have made him afraid to Depose laxly ; and the Pannal likewise might , by proposing Interrogators and Questions , have cleared himself , and satisfi'd the Judges in many things Depos'd against him : But so it is that Mr. Shepard having been confronted with the Pannal , before the King Himself , who is as ●ar above other Judges , in His Reason and Justice , as He is in His Power and Authority ; He Deposes that the Pannal was the chief Mannager of this Conspiracy , next to Argile , and that he was so passionate to have this Money to buy Arms , that he lamented the delays ; and can it be imagined that Mr. Shepard whom he trusted with his Life and his Fortune , and whom all their Party trusted with their Cash , would have Depos'd any thing against him that was not true , especially when he knew that what he was to Depose , was to take away his Life and his Fortune ; or that if the Pannal had been innocent , he would not when he was confronted with Mr. Shepard , before the King Himself , have roar'd against Mr. Shepard , if he had not been conscious to his own Guilt . There is a surprise in innocence , which makes the innocent exclaim , and it inspires men with a courage , which enables them to confound those who Depose falsly against them ; and in what occasion could either of these have appear'd , more than in this , wherein this Gentleman was charg'd to have Conspir'd with the greatest of Rascals , against the best of Princes ; and that too in presence of the Prince himself , against whom he had Conspir'd ; but Guilt stupifies indeed , and it did never more than in this Gentlemans Case , whose silence was a more convincing Witness than Mr. Shepard could be . Mr. Carstares likewise knew when he was to Depone , that his Deposition was to be used against Ierviswood , and he stood more in awe of his love to his Friend , than of the fear of the Torture , and hazarded rather to die for Ierviswood , than that Ierviswood should die by him : How can it then be imagin'd , that if this man had seen Ierviswood in his Tryal , it would have altered his Deposition ; or that this kindness , which we all admir'd in him would have suffer'd him to forget any thing in his Deposition , which might have been advantageous in the least to his Friend : And they understand ill this hight of Friendship , who think that it would not have been more nice and careful , than any Advocate could have been : and if Carstares had forgot at one time , would he not have supplyed it at another ; but especially at this last time , when he knew his Friend was already brought upon his Tryal : and that this renew'd Testimony was yet a further confirmation of what was said against him ; and albeit the Kings Servants were forced to engage , that Carstares himself should not be made use of as a Witness against Ierviswood ; yet I think this kind scrupulosity in Carstares for Ierviswood , should convince you more than twenty suspect , nay than even indifferent Witnesses ; nor can it be imagined , that the one of these Witnesses ; would not have been as much afraid of God , and his Oath at London , as at Edinburgh ; and the other in the Council Chamber in the Forenoon , as in the Justice-Court in the Afternoon . 3. The Statute founded on , does not discharge the producing of Testimonies otherways than after the Jury is inclos'd ; for then indeed they might be dangerous , because the party could not object against them : But since the Statute only discharges to produce Writ , or Witnesses , after the Jury is inclos'd ; it seems clearly to insinuat , that they ought to prove when they are produc'd in presence of the Party himself , as now they are . And though the Civil Law did not allow their Judges to believe Testimonies , because they were confin'd to observe strict Law ; yet it does not from that follow , that our Juries , whom the Law allows to be a Law to themselves , and to be confin'd by no Rule , but their Conscience , may not trust intirely to the Depositions of Witnesses , though not taken before themselves , when they know that the Witnesses , by whom , and the Judges , before whom these Depositions were emited , are persons beyond all suspition , as in our case . But yet for all this , I produce these Testimonies , as Adminicles here only to connect the Depositions of the present Witnesses , and not to be equivalent to Witnesses in this legal Process ; albeit , as to the conviction of mankind , they are stronger than any ordinary Witnesses . When you , my Lords and Gentlemen , remember that it is not the revenge of a privat party , that accuses in this case ; and that even in privat Crimes , such as Forgery , or the murder of Children , &c. many Juries here have proceeded upon meer presumptions , and that even Solomon himself , founded his illustrious Decision , approv'd by God Almighty , upon the presum'd assertion of a mother ; I hope ye will think two Friends Deposing , as present Witnesses , adminiculated and connected by the Depositions of others , though absent ; should beget in you an intire belief , especially against a Pannal , who has been always known to incline this way , and who , though he was desired in the Tolbooth to vindicate himself from those Crimes , would not say any thing in his own defence , and though he offers to clear himself of his accession to the Kings murder , yet sayes nothing to clear himself from the Conspiracy entered into with the late Earl of Argile , for invading his Native Countrey , which is all that I here Charge upon him , and which he inclines to Justifie , as a necessary mean for redressing Grievances ; I must therefore remember you , that an Inquest of very worthy Gentlemen did find Rathillet guilty , tho there was but one Witness led against him , because when he was put to it , he did not deny his accession : And two Rogues were found guilty in the late Circuit at Glascow , for having murdered a Gentleman of the Guard , though no man saw them kill him ; but the murderers having been pursued , they run to the place out of which the Pannals then accused were taken , none having seen the face of the Runaweys ; and the Pannals being accus'd : and press'd to deny the accession , shun'd to disown the Guilt , but desired it might be proved against them . This may convince you that there are Proofs which are stronger then Witnesses ; and I am sure that there were never more proving Witnesses then in this case , nor were the Depositions of Witnesses ever more strongly adminiculated . Remember the danger likewise of emboldening Conspiracies against the Kings Sacred Life , and of encouraging a Civil War , wherein your selves and your Posterity may bleed , by making the least difficulty to find a man Guilty by the strongest Proofs that ever were adduced in so latent a Crime as a Conspiracy is . And I do justly conclude , that whoever denys that a Conspiracy can be thus prov'd , does let all the World see that he inclines that Conspiracies should be encouraged and allow'd . Our Age is so far from needing such Encouragements , that on the other hand in this , as in all other Crimes , because the Guilt grows frequent and dangerous , the Probation should therefore be made the more easie , tho in this Case the King needs as little desire your Favour , as fear your Justice . And I have insisted so much upon this Probation , rather to convince the World of the Conspiracy , than you that this Conspirator is Guilty . THereafter the Lords Ordained the Assize to inclose , and return their Verdict to morrow by Nine a Clock in the morning . Edinburgh , December 24. 1684. THe said day , The Persons who past upon the Assie of Mr. Robert Baillie of Ierviswood , return'd their Verdict in presence of the saids Lords ; whereof the Tenor follows . The Assize , all in one Voice , finds the Crimes of Art and Part in the Conspiracy , and Plot Libelled ; and of concealing , and not revealing the same , clearly proven against Mr. Robert Baillie the Pannal , in respect of the Depositions of Witnesses and Adminicles adduced . Sic subscribitur , Strathmore Chancellor . AFter opening and reading of the which verdict of Assyze , The Lords , Justice General , Justice Clerk , and Commissioners of Justiciary ▪ therefore , by the mouth of Iames Iohnstoun Dempster of Court , Decerned and Adjudged the said Mr. Robert Baillie of Ierviswood to be taken to the Mercat Cross of Edinburgh , this twentie fourth day of December instant , betwixt two and four a clock in the afternoon , and there to be hanged on a Gibbet till he be dead , and his Head to be cut off , and his Body to be Quartered in four , and his head to be affixt on the Nether-bow of Edinburgh , and one of his Quarters to be affixt on the Tolbooth of Iedburgh , another on the Tolbooth of Lanerk , a third on the Tolbooth of Air , and a fourth on the Tolbooth of Glasgow ; And ordains his Name , Fame , Memory , and Honours to be extinct , his Blood to be Tainted , and his Arms to be riven forth , and delate out of the Books of Arms , so that his Posterity may never have Place , nor be able hereafter to bruik , or joyse any Honours , Offices , Titles or Dignities , within this Realm in time coming ; and to have Forfaulted , Ammitted and Tint all and sundry his Lands , Heritages , Tacks , Steadings , Rooms , Possessions , Goods and Gear whatsoever , pertaining to him , to Our Soveraign Lords use , to remain perpetually with His Highness , in Property , which was pronunced for Doom . Sic subscribitur . LINLITHGOW . James Foulis , I. Lockhart , David Balfour , Roger Hog , Al. Seton , P. Lyon. Extracted forth of the Books of Adjournal , by me Mr. Thomas Gordon , Clerk to the Iustice Court , sic subscribitur . THO. GORDON . In pursuance of which Sentence , His Majesties Heraulds , and Pursevants , with their Coats display'd ( after sound of Trumpets , ) Did publickly , in face of the Court ( conform to the custom , in the Sentences of Treason ) in His Majesties Name and Authority , Cancel , Tear and Destroy the said Mr. Robert Baillie his Arms , threw them in his Face , trampl'd them under foot ; And ordain'd his Arms to be expunged out of the Books of Herauldry , his Posterity to be ignoble , and never to injoy Honour and Dignity in time coming : And thereafter went to the Mercat-Cross of Edinburgh , and solemnly Tore and Cancelled the said Mr. Robert Baillie his Arms , and affixed the famine on the said Mercat-Cross Reversed , with this Inscription ; The Arms of Mr. Robert Baillie late of Jerviswood Traitor . FINIS Notes, typically marginal, from the original text Notes for div A50890-e160 * Nota , That this week His Majesty was expected from New-mercat , but came 8. dayes sooner , by reason of the fire . * Monmouth . * Carstares . † Scotland . * Scotland . † England . * Dissenting Lords . † Carstares . * Dissenting Lords . Notes for div A50890-e28570 Nota , That the Earl of Tarras depon'd nothing against Jerviswood but what the other two Witnesses depon'd against himself before the Tryal , and upon which thereafter they being renew'd , the Earl was forfaulted ; so that there could be no ground of suspicion from his Circumstances . 
A57284	----	A continuation of the answer to the Scots Presbyterian eloquence dedicated to the Parliament of Scotland : being a vindication of the acts of that august assembly from the clamours and aspersions of the Scots prelatical clergy in their libels printed in England : with a confutation of Dr. M-'s postscript in answer to the former ... : as also reflections on Sir Geo. Mackenzy's Defence of Charles the Second's government is Scotland ... together with the acts of the Scots General Assembly and present Parliament compared with the acts of Parliament in the two last reigns against the Presbyterians / Will. Laick. Ridpath, George, d. 1726. 1693 Approx. 181 KB of XML-encoded text transcribed from 72 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A57284 Wing R1460 ESTC R28103 10409737 ocm 10409737 44963 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57284) Transcribed from: (Early English Books Online ; image set 44963) Images scanned from microfilm: (Early English books, 1641-1700 ; 1389:4) A continuation of the answer to the Scots Presbyterian eloquence dedicated to the Parliament of Scotland : being a vindication of the acts of that august assembly from the clamours and aspersions of the Scots prelatical clergy in their libels printed in England : with a confutation of Dr. M-'s postscript in answer to the former ... : as also reflections on Sir Geo. Mackenzy's Defence of Charles the Second's government is Scotland ... together with the acts of the Scots General Assembly and present Parliament compared with the acts of Parliament in the two last reigns against the Presbyterians / Will. Laick. Ridpath, George, d. 1726. xv, [1], 52 p. [s.n.], London : 1693. Pages cropped with loss of print. Defective Union Theological Seminary Library, New York copy spliced at end. Reproduction of original in the British Library. 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Presbyterianism. 2002-12 TCP Assigned for keying and markup 2003-01 Aptara Keyed and coded from ProQuest page images 2003-02 Emma (Leeson) Huber Sampled and proofread 2003-02 Emma (Leeson) Huber Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion A CONTINUATION OF THE ANSWER TO THE Scots Presbyterian Eloquence , Dedicated to the Parliament of Scotland . Being a Vindication of the Acts of that August Assembly , from the Clamours and Aspersions of the Scots Prelatical Clergy , in their Libels printed in England . With a Confutation of Dr. M — 's Postscript , in Answer to the former , proving , That it 's not the Church of England's Interest , to countenance the Scots outed Clergy . As also Reflections on Sir Geo. Mackenzy's Defence of Charles the Second's Government in Scotland . And Instances on Record of Sir George's Subornation against Sir Hugh and Sir George Campbel , and the Laird of Blackwood , Presbyterian Gentlemen . Together with the Acts of the Scots General Assembly and present Parliament ; compared with the Acts of Parliament in the two last Reigns against the Presbyterians . By VVILL . LAICK . London , Printed in the Year 1693. TO THE STATES of SCOTLAND in Parliament Assembled . Most Noble Patriots ; I Presume , but with that profound Respect which is due to such an August Assembly , humbly to implore your Protection to this rude and indigested , yet real Effort of true Love to my Country , and to you Worthy Patriots in particular , whom all honest-hearted Scotsmen look upon as the Healers of our Breaches , and Restorers of our Paths to dwell in : And therefore it is not possible for any Man who has a drop of true Scots Blood in his Veins , to hear your Authority impugned , and your Wisdom called in Question , without resenting it to the utmost of his Ability : And if , according to the common Opinion of some of our Neighbours , S●otorum ingenia sint praefervida , an Affront of that Nature is enough to make them boil over . Hence it is , that in a former Endeavour I could not forbear to besprinkle , Scotico aceto , some degenerate Monsters of our Country , who exposed to contempt , as much as in them lay , whatever Scotsmen account dear in things Civil and Sacred . Had it been only a particular Party , or some such pack'd Clubs as disgraced the Name of Parliaments in former Reigns , and enacted such Laws as their present Majesties , with your Advice , have declared to be impious ; had it , I say been thus , the Matter might have been the more easily digested ; but to have a lawful and a freely elected Parliament of Scotland , charged in a Neighbouring Kingdom with a deliberate and malicious Lie , in an Act so unanimously resolv'd on and duly canvas'd , as was that of your Assembly , concerning the Nation 's being first reformed by Presbyters ; and that therefore Presbyterian Government is most sutable to the Inclinations of our People ; I say , to have a Lie of that Nature charged upon you , is a Piece of Impudence that none but the Party culpable could be guilty of . And yet , as if they had a mind to exhaust all the Treasure of the bottomless Pit at once , and to bankrupt the Malice and Falshood of Hell for ever after , they go on to charge you further , with lodging the Government of the Church , in the Hands of such blasphemous ignorant and immoral Beasts , as Asrica never produced the like ; and to aggravate your Guilt , would make our Neighbouring Nation believe , that at the ●ame time you have turn'd out such a Generation of Ministers , as the Primitive Church would have been proud of for their Sanctity , and ador●d for their Learning . Thus those common Incendiaries , in their printed Libels , treat the Parliament of Scotland ; which for the Antiquity of its Standing , and fulness of its Power , gives place to none in Europe . But it is not to be wondred at , most Noble Patriots , that that Party should treat you thus , seeing they hate your being any otherwise than to serve as their Drudges , and devour the best and most industrious Part of the Subjects ; by which both you , and that Ancient Kingdom which you represent , were well-nigh entomb'd in Oblivion and Disgrace . It was that Party who changed a well-limited and regular Monarchy , into an absolute and uncontroulable Tyranny ; that durst arrogate , a Power to cass and annul your firmest Laws , and treat you with Contempt as perfect Slaves a . It was that Party who robbed Christ of his Prerogatives Royal , to be Jewels in the Crowns of their Absolute Monarchs b . It was that Party which robbed the People of their Consciences , to bring them to an absolute dependance on the Prelatical Mitres c : And not only deprived you of the Property of your Houses d , but denied you a safe Retreat into your own Hearts e . It was that Party who rendred K. Iames the Sixth so much a Prelatical Bigot , as to the disturbance both of Church and State , and contrary to his Oath , to obtrude Bishops upon the Nation , and persecute the sincerest Protestants , while at the same time he indulged the Papists ; and in fine , had such an aversion for his Native Country , that instead of seeing it once in three Years , for administring Justice according to his Promise , he never came to it but once after his Succession to the Crown of England ; and instead of favouring his Church of Scotland , which he pretended once so much to admire , he persecuted those who declin'd a Conformity with the Church of England . It was that Party who influenced Charles the First , though a Native of Scotland , to put such an intolerable Affront upon the Nation , as to demand their Crown to be sent to England ; and afterwards to invade us with a formidable Army , designing an absolute Conquest , and in an unnatural manner to subject that Nation to his newly acquired Crown ; which his Ancestors did so much disdain , that they maintain'd 300 Years War upon that Head with no small Glory . And how the Faction prevail'd with Charles the Second , to requite our Nation for making themselves a Field of Blood in Defence of his Title , is so fresh , that it needs not be recapitulated ; and it is yet much more recent , how well K. Iames the Seventh rewarded us for owning his Right of Succession , when England had in a manner spued him out by the Bill of Exclusion ; he , I say , rewarded us , by publishing such despotical Proclamations , as with an unparallel'd audacity , declared us Slaves to the perpetual Infamy of that Generation of Scotsmen , who were so tamely bereft of their Liberty , which our Noble Progenitors maintained against Romans , Picts , Britains , Danes , Saxons , Normans and English , for twenty preceeding Ages . So that I say , considering how the Prelatical Faction in●luenced those four Monarchs to treat our Nation , though they derived their Being and Honour from it ; and were otherwise in many respects , tantorum haud quaquam indigni avorum . The Resolve of your August Assembly , that Prelacy was an insupportable Grievance to that Kingdom , deserves to be engraven in Pillars of Corinthian Brass ; and that all Scotsmen ( as no doubt many thousands will ) should not only whe● their Pens , but their Swords , in defence of it . It is that Party , who in this Reign , impugn your Authority , by procuring Letters from Court to command such things to the Assembly as by Law they are not obliged to comply with ; and if they should have done it , could neither have been answerable to God nor your Honours for it , to pull down with their own Hands , that Hedg which he in his Providence , by your Act , hath set about the Church , in lodging the Government upon themselves , which no doubt the Wisdom of your August Assembly judged to be the best Expedient to secure the Peace of the Church ; and yet for noncompliance , how did they procure the Dissolution and Reproach of that Assembly , to the manifest violation of your Authority ; and that by the Advice of some English Courtiers and Prelats , as if they had a mind to homologate the Ancient Pretensions of that Crown and Church over yours , and in the view of the World declare our Parliament and General Assembly not able to give Advice in our own Affairs , but fit to be over-ruled by a pack'd Club of another Nation : and shall they act thus impune to affront a Parliament , which Malice it self cannot say , as their Party did formerly of the English Parliament , That it is but a superfluous Tumour or Wen : for all who know our History , are sensible of the share which the Scots Parliaments have , from the first Constitution of our Government , been possest of , not only in the Legislative , but the Executive Power : and , if our Historians may be believed , laid the Foundation , and have often-times since regulated and limited the Power of our Monarchy ; and to the eternal Confusion of all those who would insinuate the danger thereof to Kingly Government , have , notwithstanding , preserved our Monarchy in a longer and more uninterrupted Succession than any Nation of Europe . It is not unknown to your August Assembly what Convulsions the Prelatical Party have thrown the Kingdom into , since the first Intrusion of their Prelacy ; and how near the Ruine both of our Religious and Civil Liberties were effected , by their Concurrence with the Tyranny of the late Reigns , represented in your Claim of Right ; and therefore the World cannot but justify your Conduct in depriving them of any share of the Government of the Church , which they only seek , that they may undermine ; and tho they should comply with the Terms required in Law , yet their former Perjuries and contradictory Tests are but too shrew'd Causes to suspect their future Levity , which , together with the Disaffectedness they have generally evidenced to the present Government , demonstrates how dangerous it is to entrust them with the Conduct of Peoples Consciences . And what may justly render them hateful to all honest Scots-men , is the Obloquy and Reproach they have thrown here upon the whole Nation ; and their under-hand dealing with the high-flown Church-of - England-Party , who have a Heart-hatred at our Country and Religion ; and have treated you with so much Contempt , that tho you mov'd for an Union , and his Majesty was graciously pleased to back it , they disdain'd to give him any Answer , as thinking you unworthy of a Politick or Temporal Union ; and yet they would be at forcing you to an Ecclesiastical and Spiritual Union , which if they could effectuate , the World must allow that they ought , in the next place , to beg us for Fools , who could believe that they have a Kindness for our Souls , who have ●one for our Bodies . Yet this is the Party that our Prelatical Country-men do so much court and make Application to , while they slight Scots-men who are authoriz'd to represent our Affairs : So much have they divested themselves of all natural Respect to their Country , that if their Prelacy live , they care not tho the Name and Fame of Scotland die : and that they may effectuate their Designs , there 's no doubt but they will be forming Parties in your August Assembly , and make many fair Pretences of desiring Liberty only to exercise what belongs to their pretended indelible Character of Pastors , and promise to undertake nothing to the Disturbance of the publick Tranquillity : But their worming themselves in by degrees in King Iames the VIth's time under fair Pretences , and then overturning all when they had opportunity , is a sufficient Caveat to beware of them , as inwardly ravening Wolves , tho outwardly they appear in Sheeps Cloathing . Your August Assembly cannot so soon have forgot that the Nation was almost totally ruined , your Counties invaded by savage Highlanders , your Tenants murdered , and Families impoverish'd , your Houses plundered , your Wives , Daughters , and Relations ravish'd , your selves and tender Infants exposed to Wandring , Hunger , Nakedness and Cold , and all the Miseries and Oppressions which you groan'd under in the late Reigns , both as to Soul and Body . I say your Honours cannot certainly have forgot these things , so far as to be prevail'd upon by any Insinuations whatever , again to deliver up your bleeding Church and Country into the Hands of that Faction , lest the latter end be worse than the first . There 's no cause to fear a Rupture with England on that account . The good Church-of - England-Laity , and not a few of their Clergy , have incurred danger enough from their high-flown Tantivies , and have smarted sufficiently under their Doctrine of Passive Obedience , to make them cautious and willing to secure themselves from their Fury , so far will they be from concurring with them against you . The chief Arguments used here for re-admitting the Prelatical Clergy are , That it will contribute to his Majesty's Interest , and please the Church of England , and supply the vacant Congregations . As to the first , How it can promote his Majesty's Interest to disoblige the greatest part of Scotland , and all the Dissenters in England and Ireland , is beyond the reach of Mankind to determine . 2. How it can be supposed that a Party , who have hitherto witnessed so much Rancour against his Majesty's Person , Family and Government , as the Scots Episcopal Clergy have done , is only to be answered by those who can swear contradictory Oaths , as our Curats did in their infamous Tests , &c. As to the second , That it will please the Church of England ; it may easily be answered , that we do not ow● them so much Kindness ; and if we did , we must first know what that Church of England is that we must oblige ; for hitherto she hath been an individuum Vagum , that no body knows where to find , it being as difficult to define her , as to make a Coat for the Moon . Her Doctrinal Articles are own'd by us , and all good Protestants ; but that is not the Characteristick of the Church of England : for in the late Reigns Passive Obedience and Nonresistance were her Shibboleth ; but now she hath renounced those Doctrines , by acting diametrically opposite to them . And for a Character of the Church of England in this Reign , we cannot certainly have it better than from a Vote of the last House of Commons , who resolved on an Address of Thanks to his Majesty for the Care he had taken of the Church of England , in the Alteration which was then made in the Lieutenancy of London ; and that was , because by the ill Advice of a certain Prelate and others , the Military Power of the City was lodg'd in those who had surrendred her Charter , and dipp'd their Hands in the Blood of my Lord Russel , Colonel Sidney , Alderman Cornish , &c. and contributed to the Arbitrary Methods of the late Reigns : And because this is but one half of the Parliament , let 's look into the higher House , and there you will find , that according to the opinion of none of the least Church-of - England-Men , when the Act pass'd for depriving the Nonjurant Bishops , it was look'd upon as a fatal Blow to the Church of England . So that in plain terms , the Jacobite Party is what that Faction means by the Church of England . And as a Commentary upon the Text , let 's but consider the main Engine which they have made use of to quash the Discovery of all Plots against the Government , and we shall find that it was by giving out those Discoveries as the Efforts of Republicans and Dislenters against the Church of England ; and if we look nearer home , and consider how it comes to pass that such Men are advanced to the highest Places in the Scots Government , who were the Contrivers , Enacters , and bloody Executioners of those Laws which your August Assembly hath declared to be impious , we shall find it to be done by the Interest of that Party in the Church of England . If we consider further , whence it is that those who betray'd our Army , murder'd our People , and plotted the Destruction of your Convention , escape unpunish'd , you will fin'd it to be by the Procurement of the aforesaid Party . Now all these things being considered , it will easily appear , whether it be your Interest to oblige this Church or not . Or , if we take her according to the general Acceptation of Bishops and Ceremonies , the Vote of your August Assembly concerning Prelacy , your Act establishing Presbytery as most agreeable to the Word of God , and the Opposition made to the Ceremonies by our Country in Charles the First 's time , will speedily determine the case . And it will yet appear less reasonable to oblige that Church , so taken , if we consider , that those of her own Communion , and the best of them too , look upon both Bishops and Ceremonies to be indifferent , and not of Divine Institution , as may be seen by the Writings of Mr. Hickeringil , Counsellor Stephens , and Stillingfleet's Irenicum . So that in effect , the best of the Church-of - England-Communion are embark'd in the same Bottom with your selves , and the common Enemies of both call them Presbyterians as well as you , and treated them accordingly in the late Reigns : So that from that worthy part of the Church of England , who are Men of good Lives , and keep firm to the Doctrine of their Church , you need fear no Opposition ; for to do them Justice , they are as zealous for the Protestant Religion as any , and never join'd in persecuting their Brethren of a different Opinion . To what they pretend of supplying the vacant Churches , may speedily be replied ; The Assembly hath declared their Willingness to employ such of them as are Godly and Orthodox . And as for others , the good old way of our Church in the Reformation ( when Ministers were scarcer than now ) of appointing Men to preach by turns to those vacant Congregations till they can be otherwise supplied , is the much safer and better Expedient , than to entrust such Men with the Charge of other Peoples Souls , who have discovered so little care of their own , and whom in your Wisdom you objected against as the great and insupportable Grievance of the Nation . Nor have you any such Encouragement from their former Success to imploy them again : and if it shall seem good in your Eyes to go on as you begun , and encourage a Reformation , such of our Country-men as are abroad , will be the sooner prevail'd with to come home ; and others to prosecute their Studies , to adapt them for the Ministry , and fill up the Vacancies ; for it cannot be hid from your Illustrious Assembly , that the intrusting the chief Enemies of the Presbyterians in the Government , is a great Discouragement to all that wish well to our Church or Country● ; and administers but too just cause of Suspicion , that we must either be imbroil'd in a Civil War , or return to our former Bondage , which nothing but your Care , with his Majesty's Assistance and God's Blessing , is able to prevent . Your Honours may perhaps be inclin'd to think , that there is too much Gall in my Pen against our Prelatical Clergy ; but such of your Number as have been lately at London , cannot but know what an Odium they have endeavoured to bring upon the Country in general , and your August Assembly in particular ; insinuating , That you are neither the True nor full Representatives of the Nation , and but a meer surreptitious Faction got together by the Opportunity of tum●ltuous Times ; and that you neither acted from a Principle of Honour nor Conscience , but did only what you thought would be pleasing to the Prince of Orange . And hence they have used their utmost Endeavours to have you Dissolv'd , by the Interest of the high-slown Prelatical English Courtiers , to whom they represent you in the blackest Colours , which their Malice or Wit can invent : And not only so , but they make use of your Name , as the Turkish Slaves do those of their Barbarous Masters from whom they have escaped , to move those of the Church-of - England-Communion to open their Purses , pretending that you have turn'd them out in a barbarous and illegal manner , or that they have had such and such Indignities and Affronts put upon them . And thus they beg from one Clergy-man to another , and spend what they get at Taverns and Ale-houses , or sitting up whole Nights at Cards , particularly at Mills in Westminster , or Hutchinsons in the Hay-Market : and when their Stock is spent , renew the begging Trade , or else troop about the Country , and with their stol'n Sermons , or railing Invectives against the Government of Scotland , both in Church and State , insinuate themselves into the Adorers of Bishops and Ceremonies ; for the latter of which , though they exclaim'd against them at Home , they profess themselves to be mighty Zealots Abroad : and thus they disseminate their Poison in our Neighbouring Nation , by their lying Tongues and blasphemous Pamphlets . So that hence your August Assembly may have a sufficient view , whether it be safe to reintroduce such Men into the Church , who have given up themselves to all manner of Villanies , and are become Devotoes to those unscriptural Ceremonies , which occasion'd the fatal War in Charle●● the First 's Time ; and have moreover evidenced such Levity and Unsted fastness both in imbracing & rejecting them at Home , since the Revolution , that it 's visible they are not acted by Principle , but Interest ; and that their Interest has been always contrary to what your August Assembly hath now espoused , both as to Policy and Religion , is so evident , that whoever casts but an Eye upon the History ever since they were obtruded upon the Nation , may soon be convinc'd of it : Or by a shorter view , if they please but to read the Grievances which you desired to be redressed by their present Majesties , of which the Bishops and Clergy were for the most part Contri●ers , Promoters and Actors . And we may the better be satisfied what those Men who now sollicite for a Share in the Government of the Church , do chiefly aim at , both as to that and the State , if we do but consider that their principal Converse is with the Jacobites in England , and that the chiefest of their Friends are none of the best Williamites in Scotland . It 's not unlike that your Honours may be accosted with this amongst other Arguments , that admitting those Men to a share of Church-Government , will gratify the King to whom you are so much obliged , which of it self is an impeachment of your Wisdom ; for none can so well know the Interest of Scotland as a free chosen Parliament , who are consequently fittest to give the King Advice : And seeing the Interest of all good Kings , and their People , is one and the same , that ought to be most grateful to the King which is so to the People , and what that is you have already declared . It is obvious to those that know our History , that ever since the Reformation , the Church of Scotland hath claim'd a Right of Calling and Adjourning her own Assemblies , pro re nata ; and what dismal Consequences the Invasion of that Privilege hath been attended with , to those Kings and Grandees who have attempted it , is so well known , that it cannot easily be forgot . And whether King Iames the Sixth's Curse hath not taken place upon those of his Successors who invaded the Church , the Revolutions of the Crown have sufficiently witnessed : and if the Hand of God hath not been remarkably seen in punishing those Great Ones who were their Tools , let the Ruin of their Families from time to time declare . Nor hath the Nation escap'd punishment for the Treachery of their Representatives , God having been justly provok'd to give them and their Liberties to be swallowed up by those very Men whom they would needs set upon his Throne , and into whose Hands they betray'd the Liberties of the Church , of which your own Claim of Right is a speaking Monument : and seeing there is no doubt but your August Assembly had valuable Reasons for abolishing the Supremacy , it 's an Affront to your Authority to demand its Restitution : It s being possess'd by the Church , can bring no Damage to the Crown ; for Presbyterians are known to have as good , if not a better Opinion of his present Majesty , than any other of his Subjects ; and all Men of Sense must needs take it for a Proof of it , that they sollicite for such good Laws in his Reign , as may secure them from the danger of others . And seeing our Church-men are subject to the Laws , and never did refuse to assemble at the Call of their Kings , and to give an Account of their Affairs , it 's but equal to leave them in the Possession of that Liberty of calling Assemblies , concerning their own Matters , which the Church was possessed of before ever there was a Christian Magistrate , if the 15th of the Acts be the Word of God. And certainly he who promised that Kings should be Nursing-Fathers , did never intend that they should be Step-Fathers , to rob the Children of what is their due . As for the Calumnies of your Church of - England-Enemies , it is easy to stop their Mouth with Argumentum ad Hominem ; their Carriage to K. Iames the Seventh , proclaims their unshaken Loyalty . And for your own Episcopal Party , all the World knows that they and their Kings together , did so tyrannize over your Bodies and Souls , that you durst scarcely plead a Property in either . And if the Church of England must be pleased , which is the Achillean Argument used by the Party , we can justly answer the peevish Lady , as the young Crab did the old One , I prae Mater & ego sequar . Let 's see how careful she will be to testify her Gratitude to his Majesty , in taking off the Test , and taking in Dissenters to the Church , which will but just make them even with us ; and then , and time enough then , because we are the oldest Nation , we may think which way to make the next Advance : for as we have got the Precedency , it 's but reasonable we should keep it ; for I know so much by my self , that Scotsmen love to go , but neither to be driven nor dragg'd . I cannot but acquaint your Honours , that since the writing of what is above , the Jacobites here are mightily elevated , and big with hopes of seeing you all in Confusion , and the Nation in a Flame , by the Designs which they give out to be on foot amongst you , of lodging the Power of Calling and Dissolving Church-Assemblies in the Magistrate alone , and depriving the People of the Right of chusing Ministers , by which means they are so bold as to say , That they hope not only to see Prelacy gradually reintroduced , but their late Monarch reinthroned : And that they may accomplish these Designs , will insinuate themselves into both Parties ; and are very confident , that the Result will answer their Expectation for a speedy Reestablishment , of Prelacy at least ; these Measures , as they give out , being concerted with English Prelats , who have form'd a Party among you for their Designs . But as they have hitherto reproach'd your Proceedings , there 's no doubt but this is a Calumny from the same Forge , by which they would Ridicule your Authority , and represent you to the World as Men of no Principle nor Solidity , but such as will make your self Transgressors , in building again what you have already destroy'd . But may the God and Father of our Lord Jesus Christ direct your Counsels , so as to issue in the Comfort of his Church , Peace of the Nation , and Confusion of those your black-mouth'd Enemies , who are engaged in an Interest , not only distinct from , but altogether destructive of yours : Of which there 's no room to doubt , if we consider the following Address of the Representatives of their Church , which they have endeavour'd to perform on all Occasions ; and as they have never yet revok'd it , we need not doubt but that the Party are still of the same mind . The Address of the Archbishops and Bishops of Scotland to the late K. Iames , upon the News of the Prince of Orange's Undertaking , November the 10th , 1688. Vid. Gazette , Numb . 2398. May it please your most Sacred Majesty , WE prostrate our selves to pay our most Devote Thanks and Adoration to the Soveraign Majesty of Heaven and Earth , for preserving Your Sacred Life and Person , so frequently exposed to the greatest Hazards , and as often delivered , and You miraculously prospered with Glory and Victory , in Defence of the Rights and Honour of Your Majesty's August Brother , and of these Kingdoms ; and that by his Merciful Goodness the Ragings of the Sea , and Madness of Vnreasonable M●● have been stilled and calmed : And Your Majesty , as the Darling of Heaven , peaceably seated on the Thrones of your Royal Ancestors , whose Long , Illustrious and U●parallell'd Line , is the greatest Glory of this Your Ancient Kingdom . We pay our most humble Gratitude to Your Majesty for the repeated Assurances of Your Royal Protection to our National Churoh and Religion , as the Laws have established them ; which are very sutable to the Graci●u● Countenance , Encouragement and Protection Your Majesty was pleased to afford to our Church and Order , whilst we were happy in Your Presence amongst us . We magnify the Divine Mercy in blessing Your Majesty with a Son , and us with a Prince , whom we pray Heaven may bl●s● and preserve to sway Your Royal Scepter after You , and that he may inherit with Your Dominions the Illustrious and Heroick Vert●es of his August and most Serene Parents . We are amazed to hear of the danger of an Invasion from Holland , which excites our Prayers for an universal Repentance to all Orders of Men , that God may yet spare his People , preserve Your Royal Person , and prevent the Effusion of Christian Blood , and to give such Succes● to Your Majesty's Arms , that all who invade Your Majesty's just and undoubted Rights , and disturb or interrupt the Peace of Your Rea●●s , may be disappointed and clothed with Shame ; so that on Your Royal Head the Crown may still f●ourish . As , by the Grace of God , ●e shall pres●●ve in our selves a firm and unshaken Loyalty , so we shall be careful and zealous to promote in all Your Subjects an intrepid and stedfast Allegiance to Your Majesty , as an Essential Part of their Religion , and of the Glory of our Holy Profession , not doubting but that God in his great Mercy , who hath so often preserved and delivered Your Majesty , will still preserve and deliver You , by giving You the Hearts of Your Subjects , and the Necks of Your Enemies . So pray we , who , in all Humility , are , May it please Your Most Sacred Majesty , Your Majesty's most Humble , most Faithful , and most Obedient Subjects and Servants . Signed by The Lord Ar Bp of St. Andr●ws . The Lord Archbishop of Glasc●w . The Lord Bishop of Edinburg . The Lord Bishop of Galloway . The Lord Bishop of Aberdeen . The Lord Bishop of Dunkell . The Lord Bishop of Brechen . The Lord Bishop of Orkney . The Lord Bishop of Murray . The Lord Bishop of Ross. The Lord Bishop of Dumblane . The Lord Bishop of the Istes . Edinburg , Nov. 3. 1688. Pardon my Freedom , most Noble Patriots ; God the Searcher of Hearts , knows what Veneration I have for your August Assembly , as Representatives of the ancientest Kingdom upon Earth : I own that your Wisdom and Authority sets you above the reach of Dictates ; nor is any thing here intended as such ; for if the Case would admit it , I am far from the Vanity of thinking my self able to do it , but cannot forbear to contribute my poor Mite towards the Vindication of what you have already done , and to put you in mind how much your Wisdom is vilified , and your Authority impugn'd amongst Strangers , which I have the opportunity of knowing better than many of the Members of your August Assembly . And at the same time to inform your Honours , that the Authors are our Prelatists , a Set of Men whom you voted to be the insupportable Grievance of the Nation ; and certainly not without very good Reason , seeing they had in a great measure obscured the Glory which our Gallant Ancestors had acquired by their noble Defence of the Liberties of their Country from Tyrants at home , and E●emies abroad , and particularly Rome , both Pagan and Popish . May the God of Heaven and Earth pour out his best Blessing● upon you in general , and incline your Hearts , with of that your Heroick Soveraign , to what may be best for the Good of the Nation , and the Glory of his Name . The Badness of the Copy , and the Distance of the Author from the Press , has occasion'd many Errata's , the most considerable of which the Reader is desired to amend , as follows , because they ma● the Sense . PAge 17. line antepenult . dele so . P. 23. l. 7. read asperius . P. 27. l. 32. dele sense . P. 33. l. 33. read to make no s●ruple . Ibid. l. 34. r. and therefore ought not to be believed . P. 34. l. ● . r. anot●er denies it . Ibid. l. 7. r. Friends . Ibid. l. 19. r. and you apply it to all 〈◊〉 gross . Ibid. l. 21. r. warily . P. 35. l. 24. r. Lords of the Iusti●iary . P. 36. l. 3. dele is . Ibid. l. 7. r. and yet owns . Ib. l. 23. r. and I am . P. 38. l. ● . dele your self . Ibid. l. 17. r. inau●picious . P. 40. l. 27. r. would 〈◊〉 allow . P. 41. l. 9. r. disaffected , for dissatisfied . P. 51. l. 25. dele and. The CONTENTS . PAge 1 , 2 , 3. An Apology for the sharpness of the S●ile , and Instances , &c. in my last . Pag. 4 , 5 , 6 , 7 , 8. Arguments to prove that it 's not the Church of England 's Interest to endeavour the Subversion of Presbytery in Scotland ; and that the Scots Presbyterians don 't think themselves obliged to a forcible Extirpation of Prelacy in England by the Covenant . Page 9 , 10 , 11 , 12. The Danger which moderate Church-of-England - Men are in as to their Religious and Civil Liberties from our Scots Prelatists , and their high-flown Tantivies , whom they ought not to countenance in their Designs against the Church of Scotland . Ibid. The Falshood of the Doctor 's Assertion , That the late Governments were obliged to make such severe Laws against us in their own Defence . Page 13 , 14. The moderate Church-of-England - Men to blame in not making a publick Protestation against the Practices of their high-flown Party in the late Reigns , and this . Ibid. Instances of the Disloyalty and ungovernable Passion of D. M — o. Page 15 , 16 , 17. Answers to his Calumnies and Defence of the Severities of Charles ll's Reign against the Presbyterians , and Proofs from his own Concession , that we may justly accuse that Government of Cruelty . Page 18 , 19 , 20 , 21 , 22 , 23 , 24. The Doctor 's Objections from the Cameronians , and his Arguments from our Practices in Charles the First and Second's time , answered and retorted . From Page 25 , to 30. Answers to Sir Geo. Mackenzy's Defence of Charles the second 's Government , with Retortions , and Proofs that either K. William and his Parliament of Scotland , or Sir Geo. Mackenzy and our Scots Prelatists must be Liars ; and the Pr. of Orange's Vndertaking unjust , if Charles ll's Government in Scotland can be defended . From Page 30 , to 38. Further Answers to the Doctor 's Postscript , and his Exceptions against my Instances in the last . From Page 38 , to 45. An Account of Sir Geo. Mackenzy's Subornation and Injustice against Cesno●k , Blackewood , &c. From thence to the end , A Comparison between the Presbyterian Acts of their General Assembly and Parliament against the Episcopalians in this Reign , and theirs against the Presbyterians in the late Reigns . A FURTHER ANSWER TO THE Scotch Presbyterian Eloquence , By way of Animadversion on Dr. M. — As Postscript in Answer to the first . BEFORE I take the Doctor to task , I think it necessary to answer the Objections made by Friends against my first Essay ; which are , That the Stile is too Satyrical , the Instances at the latter end too Fulsome ; and that their Book deserved no Answer , as ●arrying its Confutation in its Forehead . I reply , That as to the sharpness of the Stile , none who read , or consider what they wrote , can think they ought to be otherwise treated : So that I shall for once make use of the Tinker's Apology to a Farmer , who quarrelled him for striking his Dog with the sharp End of his Staff , alledging that it had been sufficient to have beat him with the Blunt. Yes , says the Tinker , when your Dog runs at me with his blunt End , I shall use the blunt End of my Stick ; but when he runs at me with his sharp End , give me leave to be as sharp with him . Not that I would justify the rendring of Railing for Railing , which I acknowledg to be contrary to our Saviour's Command , but I submit it to the Judgment of Divines , Whether answering Lies with Truth , and making the real Infamy of him appear , who endeavours , by forg'd Accusations , to take away my good Name , be a Breach of that Divine Precept ? So that while the Matters of Fact wherewith they are charged , hold true , the Reflections upon them , and Epithets given them , can never be justly quarrelled ; and therefore I would entreat my Friends to be sparing of their Censures : for while the Memory of K. Charles the Second , or K. Iames the Seventh endures ; and till Time , the consumer of all things , hath eat up their Parliament-Rolls , it will hold an undeniable Truth , That the Prelatical Party of Scotland are Persecutors ; and that in denying the same , they have made themselves notorious Liars . 2. So long as it appears by the same Acts , that they imposed and took a contradictory Test , so long will it hold that they are perjur'd themselves , and chargeable with the Perjury of others . 3. So long as it remains in the Records of Council , that they ordered Men to be killed , without any Trial or colour of Law ; or so much as with an Exception , Whether they resisted or not resisted ; so long will it hold that they are bloody Murderers . 4. So long as the Records of the last General Assembly of the Church of Scotland remain , it will appear , by their Evasions , Answers , and disingenuous Refusals , to declare their abhorrence of Arminianism , Socinianism and Popery , that they are Fire-brands in the Church , and Incendiaries in the State. 5. So long as any of their villanous Libels , called The Scotch Presbyterian Eloquence , exist , wherein they charge Holiness with Deformity , God with horrid Decrees , and mock at Seriousness and Piety , so long will it be evident that they they are Blasphemers . 6. So long as that s●urrilous Address of their Bishops against the Prince of Orange ; their opposing him in Parliament ; their refusing to pray for him , or swear to him now he is King , and the legal Procedure against them on the said accounts are on Record , so long will it appear that they are Rebels . 7. So long as their bloody Acts of Parliament , and barbarous Execution of those Acts against us , and our gentle Acts of Parliaments , and moderate Execution of those Acts against them are upon Record , so long it will appear that they are infamous Liars , in asserting , that we treat them more barbarously than they treated us . 8. So long as the West of Scotland ( which was the principal Scene of those bloody Tragedies ) has a Being , so long will it appear that they were barbarous . So that I hope all Men of common Sense , perceive that there 's no denying the Consequence , without denying the Precedent ; which they can never do so long as any Records have a Being in Scotland ; and therefore I refer it to the impartial Reader , whether they do not deserve to be sharply treated . To the fulsomness of the Instances I reply , That indeed such things are not sit to be named amongst Christians as a Subject of Conversation : but seeing they charge our Ministers with Impurity of Life and Doctrine , I hope it may be allowed in such a case to expose their really vitious Practices , in opposition to what they have forged against us ; and seeing the thing is in a manner juridical , and they the first Aggressors , it was but necessary for our own Justification , to display them in their own Colours . However , if any thing either in this Particular , or others , be offensive , let the Blame rest upon me alone ; for I solemnly declare , that I neither had the Commission nor Connivance of my Party to write what I did , only some particular Persons and Laicks like my self , gave me most of the Passages now found fault with . But e're I leave this Subject , let me add , that I humbly conceive my Foundation to be very solid , whatever Blemish there may be in the Superstructure , seeing the present Parliament of Scotland , when a Convention , passed such a Vote , That their Bishops and Clergy were the great and insupportable Grievance of the Nation , for which no better ground can be assigned than their Profanity , Persecution and want of Piety . So that I have only made out by Particulars , what they charged them with in general : and therefore seeing I only spoke the truth , to vindicate those who were falsly accused , and not to gratify the profane Palat of the Age , I hope I may have some grains of Allowance , it never being reckoned a fault in any Evidence , to repeat the Blasphemies of the Atheist , or the Treason of the Traitor : nor can Religion be a Sufferer by the exposing of those Men , any more than it was by stigmatizing of the Scribes and Pharisees as Hypocrites . As to the last Objection , That it deserved no Answer because confuted by it self ; I reply , That in Scotland it 's true , but here we are not known : and being represented as the worst of Men and greatest of Barbarians to those of the Church of England ; that Atheistical Vomit was greedily lick'd up , and by many believed ; so that their Pamphlets spread , and were mightily hugg'd by such as are enraged at our abolishing Prelacy , and by the Jacobites who thence took occasion to re●lect upon his Majesty for setling such a monstrous Church in Scotland , that they might render him odious to the Church of England . I cannot mention it without Concern , that those who are able to defend our Church and Country , are so unwi●●ing to write ; and when they do , that they let the Adversary triumph so long before they reply . If it must be so , I wish that they would oblige some of their Friends here with Hand-Granadoes , to keep tho Enemy in play till they come up with their Mortar-pieces . Before I take the Postscript in hand , I find it needful to make it evident to the World , that Presbytery cannot be over-turn'd in Scotland without the Subversion of our Religious and Civil Liberties ; and consequently that our Scots Episcopalians are Enemies to the present Government , and French Incendiaries , or at least such a Crew as would sacri●ice all that is dear to us , as Men and Christians , to their own private Resentments . 1. It is very well known , and too lately transacted to be forgotten , that the States of Scotland in their Claim of Right did demand the Abolition of Prelacy , as contrary to the Inclination of the Generality of the People ; on which Condition , amongst others , their Majesties accepted that Crown ; and in pursuance of their Promise have by Act of Parliament , abolished Prelacy since , and established Presbytery in Scotland , as most agreeable to the World of God , as well as the Peoples Inclinations . Then if their Majesties should be prevailed upon ( which blessed be God there is no cause to fear ) to act contrary to their solemn Oaths , and the Claim of Right , they must needs see that the People of Scotland would have ground enough to plead a Breach of the Original Contract ; nor could the Church of England for shame condemn them , seeing they made use of the same Plea in their Convention and Parliament against King Iames. And in the next place , let them but consider , that upon the same ground this , or any other King may as well break with them , and invade the Constitution of their Church , which by the Coronation-Oath they have bound him to maintain : And whether Charles the Second , after he was by them perswaded to break his Oath to the Presbyterians in Scotland , made any greater Conscience of maintaining the Civil and Religious Liberties of England , I● appeal to themselves . And therefore seeing by that excessive Power which they gave their Kings in things sacred , meerly to destroy the Presbyterians , they found at last that they had put a Rod in their Hands to whip themselves ; I think they should be cautious how they play that Game over again . I do not write this , as having any suspicion that their Majesties are so weak as to be prevailed upon to alter the Church-Government in Scotland , but meerly to let the World see , that they who sollicite them to it , are their greatest Enemies , and design to shake their Throne ; and that it is not the Church of England's Interest to countenance our Scots Prelatis●● , nor to importune their Majesties on that Head. If what is already said be not enough , I would earnestly intreat all sober Church-of - England-Men to consider what were the Consequences of their meddling in our Affairs , and incensing King Charles the First against the Presbyterians , in favour of our Runnagate Prelates , and their Hirelings . And seeing like Causes may have the like Effects , they would do well to beware . It is not unknown that Scotland is a distinct Nation , and ought to be govern'd by their own Laws and Councils ; and therefore it must needs be an Invasion of the Rights of Scotland , for English Ministers of State , and Prelates to meddle , or give Counsel in Scotish Affairs when not call'd to it . And I cannot but think that all reasonable Men will easily grant , that the Parliament , and General Assembly of the Church of Scotland , are better Judges of what is expedient for that Nation , than a few English Ministers of State , or Prelates ; and that both of them have reason to reject what Directions or Injunctions come from such a Mint . And I would put it to the Consciences of all judicious Church-of - England-Men , how they would take it if the King were in Scotland , that any of the Dissenting Ministers who are really injured , as those who preached at St. Hellin and Hi●ley Chappels in Lancashire , or the whole of them , because denied a Comprehension , should ●ly thither , and by their Interest with Scots Presbyterian Ministers of State and Preachers , importune his Majesty to have the Constitution of the Church of England overturned , and pro●ure Orders to have such and such Ministers planted in Churches , tho they refuse to satisfy the Law. I say , in such a case I appeal to their own Consciences how they would take it , whether they would reckon themselves obliged to obey , or if they would not complain that their Rights were invaded , and demand Satisfaction of such Ministers of State , &c. as Incendiaries and Dis●●●bers of the Harmony between King and Subjects ? I believe verily they would , and that not without good reason , tho I am sure the case is much stronger on our side still : for the Dissenting Ministers of England are all of them Loyal to his Majesty , willing to swear Allegiance , and pray for him ; but so are not our Scots Prelatists . And besides , his Majesty is really the Head and Fountain of all Power in the Church of England , who have not only their Temporal Baronies and Honours from him , but are nominated to their Bishopricks by him : but so it is not in Scotland , where he hath divested himself of the Supremacy , and neither bestows Lands nor Honours upon Church-Men . Then the case being so , the Golden Rule , which commands us to do as we would be done by , should oblige English-Men not to meddle with our Church , no more than they would have us to meddle with theirs ; and if the Parliament of Scotland do pass over what of that Nature is already done , it 's not to be supposed that the Red Rampant Lion is become so much a Calf as not to roar sometime or other , and make the fattest and proudest of the Beasts in the Field to tremble , as ers● of old ; but I hope and pray that God will avert both the Cause and the Effect . The English Bishops did not gain so much by the the last Bellum Episcopale against us , that they need to be fond of another ; and we doubt not to find as much Justice from the Parliament of England now as we found then , and have no reason to doubt but King William would be as ready as Charles the First , to deliver up his Ministers to the Law , if it should be made appear against them that they have been meddling too much in our Affairs . I know that our Scots Prelatists possess the Church of England , that we think our selves obliged to endeavour the Extirpation of their Hierarchy , and upon that account prevail with them to endeavour our Subversion . But I would earnestly beg all moderate Men to weigh the following Answers . 1. That the reason of entring into that solemn League and Covenant , was the Fury which the English Prelates evidenced at that time against the Church of Scotland , having excommunicated the same in all the Churches in England , forced a Service-Book upon us more exceptionable than their own ; and in Conjunction with Papists , enabled Charles the First to raise 30000 Men against us , when the Parliament of England refus'd to concur with him , insomuch that that Expedition was called the Bishops War. But blessed be God his present Majesty is far from any such Attempt , and the English Bishops , the chief of them at least , are Men of more Moderation : So that there is no such cause for us to endeavour the Overthrow of their Hierarchy . 2. That the Scots Presbyterians do not at all think themselves obliged , by that Covenant , to endeavour a forcible extirpation of the English Prelacy , but in Concurrence with the Parliament of England : and therefore so long as they have not their Call to the Work , the English Prelacy is in no Hazard ; and the best way to keep so , is for the Church of England to carry modestly , and neither to meddle with us , nor give their own Parliament occasion to make such a Vote against them , as the Parliament of Scotland made against our Bishops , That they were the great and insupportable Grievance of the Nation : so that they have their Safety in their own Hand . But if they should be so infatuated to proceed as they began , in relation to the late General Assembly of the Church of Scotland ; or if they be such Fools , as to concur to the sti●ling of all Plots against his Majesty as hitherto , because so many of their own Communion are concerned in them , let them blame themselves for what will be the unavoidable Consequences , soon or late : for the Church-of - England Laity are too good Protestants and English-men , to be always led by the Clergy , or continually hood-wink'd , and not discover the Plots carried on against the State , under pretence of Zeal to the Church ; of which me-thinks the Hot-headed Clergy should take warning , seeing they may easily perceive how little Ground their Passive Obedience had gain'd , when the honest Church-of - England Laicks found themselves in hazard by K. Iames , as to their Liberties and Religion . Next I would earnestly beg , that they would consider how the Faction , under a pretence of Zeal for the Church , and against Presbytery , screw'd up the Prerogative to such a height , that Englishmen had very near lost their Liberty and Property . It was this mistaken Zeal that threw out the Bill of Exclusion , surrendred the Charters of Corporations , enabled the King to pack Parliaments , pick Juries , and cut off whomsoever he pleased , under pretence of Law. It was this mistaken Zeal , that brought the late Reign , and all the direful Effects of it , which we have already felt , or are still impending upon us . It was this mistaken Zeal which delay'd his present Majesty's Access to the Throne ; gave the Enemies opportunity to ruin Ireland , raise a Rebellion in Scotland , and Plot , as they do still , in England ; And shall we never be aware of it ? Methinks that if the Church of England compared Things past and present , She might easily perceive that this intemperate Heat against Presbytery , doth naturally issue in Popery and Slavery ; and that she has much more reason to unite , for Defence of the Protestant Interest , and her own Doctrinal Articles , with the Church of Scotland , than by espousing the Cause of a few pro●●igate or traiterous Clergy-men , because Episcopal , run her self into unavoidable Dangers . Is it possible that a Harmony in Discipline should have more Power to unite distinct Interests , than a Harmony in Doctrine and Agreement under one Civil Head , hath to cement those who drive the same Interest ? It cannot be unknown to the Church of England , if she believes either their Majesties Proclamations , or considers the procedure of his Parliament , and other Courts in Scotland , that the Prelatical Party there drive at a Design to restore K. Iames. And with she yet entertain such Vipers in her Bosom as their outed Clergy ; and not only so , but for their sakes entertain Suspicions of his Majesty , and sollicite him against the Church of Scotland ? Can she say that we have ever made any Address to him against the Church of England ? and why should they be more zealous against us than we against them ? Does she not know that Arch-bishop Vsher , and some of the greatest of her Fathers , thought Episcopacy and Presbytery reconcileable , and the other things in Controversy indifferent ? How is it then that she thinks her Differences with King Iames and the Church of Rome more reconcileable , as she must needs do if she fall in with her own high-flown Tantivees and our Scots Prelatists ? But I hope , if no Religious Considerations will prevail , that the danger of their running the same Risk with us may , they seeing both they and we have the same Security , viz. the King 's accepting of the Crown on such and such Conditions , and consenting to Acts of Parliament accordingly : if he should break to one , he may do the same to both ; and though they may think that he will not overthrow their Hierarchy , because the Bishops depending on him , may be use●ul to him in the Parliament-House ; yet at the same time he may , as Charles the Second did , invade their Civil Liberties , and then their Religion , nor nothing else , can ever be secure . I must again beg the Reader not to mistake me● as designing to create any Suspicion of his Majesty following such an unhallowed Pattern , but meerly to set this as a Beacon before the Church of England , that they may beware of being Shipwrack'd twice upon the same Rock ; which will be unavoidable , if they should prevail wi●h any of their Kings to break the Original Contracts , or call in K. Iames , or set up any other Pretender against his present Majesty , and prosper : which , blessed be God , there 's no probability that ever they will , for never was King better beloved by Subjects ; and let them try it when they please , they 'll ●ind he has in Scotland Twenty to One firm in his Interest : And whatever Noise they make ( to blind their own Designs ) of our hazard from a Republican Faction ; if they will assure the Nation of such Governours as are now at Helm , those whom they call Republicans , will as cordially submit to them as any . But I foresee an Objection as to Scots Affairs , That they only sollicit his Majesty to dissolve the present Parliament , and call another , which will restore Episcopacy , and recognize his Title . Answ. 1. His Majesty hath had too many Proofs of the Loyalty of Presbyterians , and the Treachery of Episcopalians , to venture such an Experiment ; or if he should , and they happen to recognize his Title , he can never think that they submit from Affection , but meerly from Interest , when they see they can do no better : And in truth , whatever Pretences of Loyalty they make , it 's demonstrable enough , that as the Country-man , when the London ●Drawers baul'd out , Welcome , Sir , laid his Hand on his Pob , and said , I thank you my Friend ; so may his Majesty , when our Scots Prelatists pretend Loyalty , put his Hand to his Side , and say , I thank you , my Sword ▪ for no longer will they be his Friend , than he is able to cudgel them . Whereas it 's very well known , that the Scots Presbyterians declared for him before Providence had determined their Crown in his Favour , and have beat into the Prelatists whatever Loyalty they pretend to have . Nor is it to be thought , a Prince so Good and Generous as his present Majesty , will ever be so ungrateful to his Friends , or act so much contrary to Reason , and his own Conscience , as to shake the present Title he has to the Crown of Scotland , to buy the Consent of the Scots Prelatists , who could not desend their Darling K. Iames , nor make any other Effort to re-establish him , but by hectoring among the inaccessible Hills , stealing Cows and Sheep , plundring the Country , murdering the People by Treachery and Surprize ; and at last seising the insignificant Rock , called the Bass , where , if they please , they may send for him to govern the Solon Geese , and themselves , the greater of the two● But , 2. They will find themselves mistaken , if his Majesty should gratify them so far as to dissolve this , and call another Parliament ; the Presbyterians have not lost but gain'd Ground since the Revolution , and they have smarted too severely under the Prelates , to suffer themselves either to be hectored or kick'd out of their present Settlement by any more pack'd Clubs ; and knowing that Instruments of Cruelty are in the Habitations of the Prelats , will rather quit themselves like Men , for the Ark and People of their God , than be brought again under the Philistin Slavery . This is only to undeceive our Prelatists , who promise themselves such an easy Conquest : not that we can suspect a Prince of our King's Prudence , Generosity and Conscience , capable of so much Weakness , as to disoblige the Kingdom of Scotland , those who preserved him the Crown of Ireland , and such as are his steady and useful Friends in England , as he must needs do if he gratify the Scots Prelatists . They have not now an effeminate and luxurious Prince to deal with , who , provided he might wallow in impure Pleasures , was content to abandon all Care of his Subjects ; but one who knows his Friends from his Foes ; has been accustomed to Government from his Cradle ; outbrav'd the Hector of France in his Youth ; and therefore is not to be frighted by our Scots Prelatists , and the English Tories , into such mean Compliances , for fear of Prelatical Insurrections and Tantivy Grumblings ; he stis●ed greater Serpents than those in his Cradle , and carries a Sword to cut off the Hydras Heads as fast as they multiply . But now to come to the Postscript , or pretended Answer to my Last . One would have thought that our Prelatists had bankrupt their Treasure of Lies , Malice and Blasphemy , in their late Pamphlet , call'd , The Scots Presbyterian Eloqu●nce : But the Apologist and Post-scribler demonstrate the contrary , and evidence , That their Magazines are still full , and running over ; and I confess there is no cause to wonder at it , when we consider , that the Bottomless Pit , whence they are furnish'd , is an unfathomable Source , and that the Father of Lies is not yet so superannuated , but that he can beget more of the Breed . But to come to our Author ; he tells you , in his very first Page , That he could not read two Lines of Dr. Rule 's Book , without being provok'd unto the Undecencies of Passion ; and therefore it is no marvel that the reading of mine put him stark mad , seeing I treat the Faction with some more roughness than the Doctor did . Pag. 1. After a very super●icial Division of my Book , he gives a sutable Answer ; and that you may know he was blinded with Passion , he begins with downright Nonsense , and a notorious Lie. I suppose there is scarcely any body but knows that the Faction did brag of Charles the Second's peaceable Restoration , as a Miracle and Demonstration that God own'd his Title , ( nay , Sir Geo. Mackenzie , Vindic. p. 5. owns he was restored almost by universal Consent ; ) and yet the Scribler alledges that he , and our subordinate Governors , were forced to make Laws against the Presbyterians of Scotland in their own Defence . Now it is certain that none have any Legislative Power in Scotland but the King and Parliament ; and by subordinate Governours , he must therefore , if he understands himself , mean the latter ; and if so , it is plain that the Presbyterians at that time attack'd neither , but had sufficiently smarted under the Usurper for maintaining the Right of King and Parliament by the Sword , and refusing to abjure Charles Stewart , and the Lords , who are a constituent part of our Parliament ; so that neither of them being attack'd , nor threatned to be attack'd , in Authority nor Person , but on the contrary the Presbyterians being sworn to maintain them , the pretence of a necessity to make Laws in their own Defence is a false excuse . But if our Author would speak Truth , he should say , that Charles the Second having a Mind to break his Oath , which he had taken solemnly , to maintain Presbytery and the Privilege of Parliaments , and being secured , as he thought , in foro divin● , by the Dispensation first of his Popish and then of his Episcopal Priests , he must find some pretence to salve his Credit in foro humano , and so with his pack'd Parliament formed Iniquity into a Law. Whether the said Laws were gentle , as our Author says , I leave it to the Consideration of all thinking Men , who please to peruse them as exhibited in my other Book . It seems indeed that the Prelates thought them too gentle , and not extensive enough for them , when they pressed Conformity in so barbarous a manner beyond the extent of the said Laws , in so much that they were forced to extort Certificates from the People that they had been civilly used , because they knew they had exceeded the Law , and were liable to be called to an account for it . One of the first Laws they made , was an unlimited Oath of Allegiance , which swallowed up the Privileges of the People , took away all the Suffrage of Parliaments as to the Succession of the Crown , and establish'd a Despotical T●ranny , which this Author calls the King's Hereditary Right : so infallibly true is it , that Tyranny and our Scots Prelacy are inseparably connected , and such Brethren in Iniquity , that the one is always productive of the other ; and therefore as soon as he had deprived the People of their Native Rights , he made bold to invade their Consciences , and contrary to his own Oath and the Peoples Inclinations , brought in the abjured Prelates , as knowing very well that Tyranny could not subsist without them ; and so he supported them in their Lording it over the Peoples Consciences : and they to requite their Creator , preach'd up his Divine Right to Tyrannize over their Purses and Persons . And thus did Tyranny and Prelacy , like two scabbed Jades , nab one another , till they were both sent a packing by his present Majesty . Nor can I omit to take notice of the natural Aversion which Prelacy has to a lawful Government , it being visibly seen that not only our Scots Prelates who were his Majesty's personal Enemies , but even the English Prelates , most of whom pretended to be his Friends , were and are jealous that the Destiny of their Hierarchy is at hand ; for every one knows how soll●citous the Pillars of Prelacy were to club at the Devil-Tavern to contrive means for the maintaining their Hierarchy , and how to fetter his Majesty with Oaths not to touch it : and after they had got this Assurance once , they were not satis●ied , but dunn'd his Majesty as if he had been their Debtor , for a Repetition of his Promises , till he took notice of it , and told them he was very willing to lay hold on every opportunity of renewing his Assurance to maintain the Church of England , or words to that Effect . So that it is evident beyond Exception , that Prelacy is afraid when they see Popery touch'd ; and that they are jealous that our Dread Soveraign , whom God has raised to break the Horns of the Antichristian Carpenters , should also prove the Bane of the Pope's Journey-men , the Prelates ; and hence it is that they behold his Majesty's glorious Success with Jealousy , which all the rest of the Protestant World looks upon with Joy. So that their Convocation when assembled , were very loth to give his Majesty Thanks ; and when they did , could hardly be brought to thank him for what he had done for the Protestant Interest in general , but only for playing the Bugbear to frighten away K. Iames , who began to bring in their elder Brethren the Papists to be sharers of the Fat with themselves ; and lest we should doubt what this Church of England is , which they are so mightily tender of , they informed us in an Address of Thanks to the King for the Care he had taken of the Church of England in the Alteration which was then made in the Lieutenancy of London , and that was for putting in some of the Bloody Juries , and those who had betrayed the Charter of the City , and were the Tools to promote Tyranny . Now this being matter of Fact and undeniable , the moderate Church-of - England-Men see what they must expect if that Faction get the Ascendant once more : it 's not their Agreement in Government and Ceremonies that will give them a true Title to be Sons of the Church ; Gibellins they are , and as Gibellins they must die . The Murder of my Lord Russel , Alderman Cornish , and many others , are sad Proofs of what I assert ; and seeing the moderate Church-of - England-Men and the Presbyterians of Scotland were fellow-Sufferers in the late Reigns , now that we have Men advanced to the highest Dignity of the Church , whose Repute for Moderation did not a little contribute towards it , methinks it is but what their Brethren in Scotland might expect , that they should be so far from countenancing our runnagate Episcopal Clergy in their malicious Clamours at Court , that they ought to oppose them , especially considering that they were such Implements as the late Reigns found very subservient to their Designs of bringing Slavery upon us , under which they themselves smarted either in Person or Sympathy . And now that I am upon it , I cannot but take notice with regret , that notwithstanding of the almost indispensable nec●ssity of it , the sober Church-of - England-Men in their Ecclesiastical Capacity , have never given any publick conjunct Testimony against the Tyranny of the last Reigns , nor those of their Communion , who were Abettors of it , and at this day labour to re-introduce it . Let them think what they will , their Silence in this Affair is no small incouragement to the Jacobite Party , who have hitherto baffled the discovery of all their Plots , under a pretence of Zeal for the Church , which together with the ill Example of the Nonjurant Bishops and Clergy , hath been of more use to the French King , than an Army of 60000 Men : From this Source it is that his Majesty's Affairs meet with so many Rubs ; his Friends are so far from being rewarded , that they are endangered and discouraged ; and yet our moderate Ecclesiasticks have never made open and conjunct Protestation against it . It was the Saying of the God of Truth , That the Children of this Generation are wiser than the Children of Light ; and our Times furnish us with many sad Instances of its undeniable Verity . Did not the Pulpits in the late Reigns thunder against all Attempts of recovering our Liberties , either in the Parliament or in the Field ? Did not the Church concur with her Excommunications , to render Dissenters uncapable of so much as chusing or giving Votes for a sober Church-of - England-Man , who would stand by the Liberties of his Country to represent them in Parliament ? Did not some of their Bishops press the Execution of their Penal Laws against Dissenters , to keep them under Hatches for that very reason ? And did not the Clergy spend their consecrated Lungs in bellowing out Presbyterian Plots to drown the Popish ones ? And yet now they don't excommunicate their Jacobites , notwithstanding of their Conventicles and distinct Form of Worship ; their clubbing to chuse Enemies to the Government to represent them in Parliament , even those who were violent Enemies to the Abdication ; as Sir R. S. &c. who was chosen by by the University of C — ge . Nor do the Pulpits now sound with Jacobite Plots in this Reign , as they did with Presbyterian and Whiggish Plots in the late Reigns ; which , together with the tenderness that hath been shewed towards their Nonjurant Bishops and Clergy , and the Opposition they make to abjuring the late K. Iames , are sufficient Evidences that it is his Majesty's Interest to keep up the Presbyterians in Scotland as a Ballance , lest the Scale turn on the side of K. Iames , or his pretended Son : And as for our Scots Episcopalians , their Loyalty was sufficiently discovered after the Defeat of the French by Sea ; for none were so industrious as they to lessen our Victory , when God had given it us . Nor was their Carriage less remarkable for disaffection upon the taking of Namur , the first News from Steenkirk , and when the Intelligence came that Charleroy was besieged ; which so elevated the Spirits of Dr. M — , the Apologist , and Sheelds the Jacobite Parson , ( lately in Newgate for a Conventicle ) that they were overheard to salute one another , in the Park , with no less Titles than that of My Lord Bishop of such and such a Place , so big were they with hopes of the French Conquests . Pag. 86. Our Author not having time enough to recover himself ●rom the Undecencies of his Passion , continues his Nonsense , and tells you very gravely , That if the Presbyterian Delusions did not upon all Turns prompt them to overturn the Government , they might live in Scotland in all Peace , as other Dissenters did . I suppose our Author to be speaking of the Time past ; and if so , then he should have said , might have lived : And whether this Blunder of Grammar , in his own Mother-Tongue , be not as unpardonable in him , as are the Blunders in Latin which he falsly chargeth upon Mr. Rule , let any Man judg ; and that he meant of the Time past , needs no other Demonstration , than to consider that the Presbyterians do and can live at Peace in Scotland now , without being obliged to the Prelatists . But Nonsense is one of our Author's least Indecencies of Passion ; for they who know him , inform me , that in his Heat he cannot forbear Swearing , notwithstanding of his Doctoral Scarf : And it can be proved on him , that when talking to a certain Minister about the Church of Scotland , one of the good-natur'd Doctor 's commendable Expressions were , That if the Episcopal Party had it not , he car'd not if the Devil had it . Well , but to proceed , the Doctor acknowledges , that other Dissenters liv'd peaceably in Scotland . Now other Dissenters we had none , but Quakers and Papists ; and that they liv'd peaceably we very well knew , and used to ask why they persecuted us more than them , seeing their Difference in Principles was much greater , if our Episcopalians had been ( as they pretended to be ) good Protestants . Now I think every one knows the Principles and Practices of the Papists to be dangerous in all Protestant Governments ; and that Quakerism has too great affinity with Popery : so that their kind Treatment , while we were barbarously persecuted , is none of the best Arguments to prove our Episcopalians good Protestants . And pray let our Author in his next , give us an account , Why Popish Recusants ( for denying the King 's Ecclesiaslical Supremacy ) were not dragoon'd to come to Church , plundred , hunted , and hanged , as we were . But seeing I know he will not tell the Truth , I 'le venture to tell it for him , in Bishop Carnerosse's words , The Papists were their necessary Friends : A King of their Religion was dropping ripe to fall into the Throne ; and every one knows , that under Popery , Bishops may grow Cardinals and Popes ; but under Presbytery they cannot exist : and this is the Rope which draws the Inclinations of our Hierarchical Men so much towards Rome , instead of drawing Rome so much to them . If I be mistaken , let the Advances which the Church of Rome made upon us , and the Interest they obtain'd in Court and else-where , under the warm Wings of Prelacy , in the Reigns of both the Charles's , and the last of the Iames's bear witness . Nay , our good-natur'd Doctor was even so kind to Mother-Church , as to impose on his Scholars an Oath in K. Iames's Time , to maintain the blank Christian Religion , and to hinder the publishing of Mr. Iamison's Book against Quakerism ; yet his Rancor against Presbytery was so great , though the Malice of the Court seem'd to be asswaged , that when the Presbyterians desired they might have the Common Hall of the College ( of which he was then Principal ) to meet in , he answered , like a scurrilous and spightful Villain , That his Hall should never be a groping Office. Indeed , Doctor , I am very well satisfied , that if any such things had been practis'd at our Meetings , the Episcopal Clergy would never have been their Enemies ; for very sure I am , that the greatest Swearers , Drunkards and Whoremasters of the Parish , were generally the greatest Friends to the Curats : And Arch-bishop Paterson , whose Champion you are , may for ever stop your Mouth , seeing Megg Patterson , with whom he had been base , own'd it before the Court upon Examination . And your other good Friend , Mr. Hamilton , whom you are so careful to vindicate , would certainly have been a ●requenter of such groping Offices , had there been any , seeing he was not ashamed , upon a certain Occasion to declare , That he hated all words which ended in ism , except Baptism and Priapism . The Doctor having dropt out a feeble and a faint Lie , to justify the making of the Laws against us , Vices acquirit eundo ; and , ibid. tells you boldly , That the Scheme of the Presbyterian Religion , wherein they differ from the Episcopalians , is nothing but ungovernable Humour and Rebellion . Well said , good-natur'd Doctor , who is a Separatist from good Nature and the Christian Church now ? Modest Sir , I must b●g your pardon to say , that you are either an ungovernable passionate Prelate , or the King and Parliament are stark Fools and Knaves to have abolished Episcopacy in Scotland , where , according to you , they must have establish'd nothing but ungovernable Humour and Rebellion . Certainly his Majesty and the Parliament are more concerned to preserve the Soveraignty , than such Fellows as you ; and if they had not been satis●ied that the Presbyterians were better Friends to it than the Prelatists , they would never have establish'd them , and ejected the other . Pray , Sir , if your Eyes be not blinded with Passion , look upon the Harmony of Confessions , and see whether ours or yours ( if you know where to find your own ) be most agreeable to the Reform'd Christian Church ; and then , if you please , look a little further into their Discipline , and if it do not provoke you to Indecency of Passion , read 1 Tim. 4. 14. 2 Tim. 3. Acts 20. 28 , 29. Acts 15. Titus 1. Phil. 1. 1. and see which of us are the greatest Separatists from the Christian Church , and whether those Texts be chargeable with ungovernable Humour and Rebellion ; and so long as those Texts make it evident that Bishop and Presbyter are the same in Name and Office , not so much as Ordinatione excepta , if it be ungovernable Humour and Rebellion to believe so , we will be ungovernable and rebellious still . As for your citing the Hind● l●t loose , Ius Populi , and Naphtali , it 's altogether foreign to the purpose , all of them contain such Arguments for the lawfulness of resisting T●yrannizing Princes , as your Party could never answer ; and for any thing particular in any of them , especially the Hind let loose , which was writ against Presbyterians as well as Prelatists , none but one of your own Kidney can charge them upon the Presbyterians in general . But further , it 's mighty strange that this Principle should be so Criminal in us , and yet Venial in the Church-of - England-Men . Wherefore do not you cite Iulian the Apostate , Mr. Hickeringil , or Dr. Burnet the Bishop of Salisbury's Works , &c. to the same purpose : And pray let us know why the Presbyterians are more chargeable with Ius Populi , &c. than the Church of England are with those ? The Author will not take notice of what has been so often told him and his Party , that the horrid Cruelties exercis'd upon the Presbyterians in the West , as dragging them to hear the Curates per Force ; plundering them of all they had ; ravishing their Wives , Daughters and Maids ; chasing them to the Woods and Mountains in the extremity of Winter ; denying the poor Children left at home , any other subsistance than what was left by the surfeited Dogs ; the tying of Gentlemen Neck and Heels , and rosting them before Fires , without so much as allowing them a draught of Water to quench their insupportable Thirst ; forcing of Bonds from them for such and such Sums ; and extorting Certificates , after all this , under their Hands , that they had been civilly used . I say , the Faction will not hear , when we tell them , that all this was done before they could charge us with any Insurrection ; and yet are so disingenuous as to instance our pos●eriour Efforts for Self-defence , as the Occasion of all severe Laws : Than which nothing can be more unjust ; and by the Doctor 's own confession , Pag. 87. That the King and his Ministers of State , might more plausibly be accused of Cruelty , if they made severe Laws against the Consequences of the Presbyterian Opinions . We have reason to charge the King and his Ministers with Cruelty : for such Laws as were made before 1666 , were directly against the supposed Consequences of our Opinions , or nothing ; for we made no opposition by Arms at that time against Charles the Second . Nay , it is expresly own'd , Pag. 5 , and 6 , by Sir Geo. Mackenzie , That the Laws were made against the Consequences which they pretend to charge upon our Principles . But to return again , P. 86. he alledges , That the Presbyterians declar'd open War against the King in his own Dominions ; preach'd to their Hearers , that they ought to kill his Servants ; that he had no right to the Crown , because he had broken the Covenant : Than which nothing can be more false . It was but a small number of the Presbyterians that appeared in Arms in 1666 ; and they were so far from declaring War against the King , that they only desired a Redress of those Grievances which the Episcopal Souldiers had committed beyond Law. Nor would they have done it in Arms , if it had been possible to have had access to the Council otherwise : For those who appeared at Bothwel-Bridg , they were so far from declaring against the King , that they took his Interest into their Declaration ; and the Party who oppos'd it , were so much di●relish'd , that Multitudes deserted because they were concerned . Nay , Charles the Second was so much convinc'd , that Mr. Iohn Welch , and the majority of the Presbyterians , were so far from disputing his Title , that he granted an Indulgence immediately after the suppressing of that Insurrection ; and to my certain knowledg , offer'd a particular Licence to the said Mr. Welch , to live and preach in any part of his Dominions ; though our Episcopalians had formerly incens'd him so much against him , that Proclamations were issued , offering 500 l. to any that would bring him in dead or alive . So that the Doctor has no Foundation for his Charge but the Practice of a few Cameronians , one of whose Preachers excommunicated the King , and about twenty of the Faction declared War against him at Sanqhuar ; and such a little number did afterwards pretend to dethrone him : which will appear to all Men but such as our Author , to be contrary to Presbyterian Principles , seeing we allow not so much as Excommunication of a private Person without ●udicial Probation , Admonition , Suspension , and the Consent of the Presbytery . And , by the Covenant which they reproach us with as our only Rule , we swear to maintain the Privilege of Parliaments , and the King 's just Powerand Greatness ; to which nothing can be more diametrically opposite , than for a few Persons , without the Consent and Commission of the whole , to take upon them to exauctorate Magistrates . And whatsoever this Libeller may suggest , it 's known that Mr. Castares , sen. Mr. Blare , Mr. Iamison , Mr. Rule , Mr. Riddel , and other grave Presbyterian Ministers , fell under the Obloquy of the Cameronians for protesting publickly against the Principles which they were driven unto by the furious Tyranny of the late Reigns . But if the Doctor be not yet satisfied , I 'll give him Argumentum ad Hominem , thus . The Viscount of Dundee and his Party declared War against King William , and all the Bishops of Scotland oppos'd his Title to the Crown : Ergo , All the Episcopalians in Scotland declared War against him , and that he had no right to the Crown ; and therefore by their own Concession , the present Government would be justified to enact as severe Laws against them , as the late Government did against the Presbyterians . The Premisses being undeniable , the Conclusion cannot be avoided , if our Author's way of arguing hold good . But supposing it true that all the Presbyterians in Scotland had declared King Charles the Second to have ●orfeited his Right to the Crown because he broke the Covenant , it had been no more than what the Church of England have declared against King Iames , because of his breaking the Original Contract : and I would desire our Gentleman to look upon the Claim of Right by both Nations , and he will find that most of the Infractions upon that Contract were made by King Charles ; so that if this be a Crime , Aethiopem albus , Loripidem rectus derideat . But as for that malicious Lie , that any of them preach'd that his Servants ought to be killed , it 's so gross , that none but the Author could invent it , nor any but his Party believe it : for tho some of them did kill A. Bp Sharp , and others who were hunting for their Lives , and took the same advantage of them that they did of others ; it will not so much as follow , that any of their Ministers preach'd this as their Duty , and much less that it was so to kill the King's Servants as such . Well , but this Methodical Doctor , who would sain perswade the World that he and his Party have engrossed all Reason and Logick to themselves , comes with a Hysteron Proteron , and tells you of the Presbyterians Cruelty toward the Episcopalians after the Year 1637 , which ( mark the good-natur'd calm Expression ) he says were unparallell'd in History , as they were diabolical in their Nature . This is Scots Episcopal Veracity . The Doctor thinks he is dictating to his Scholars ; and truly I must tell his Doctorship , that if he ta●ght them no better Philosophy , than he teaches us History , they had but a poor Bargain on 't . But now , good Doctor , did you never read of the Massacres at Paris , in the Valtoline , and the Duke of Alva's Butchery in the Netherlands ? We shall not go so high as the ten Persecutions , or those against the Wicklevites , Waldenses , &c. And tell me if what Cruelties were exercised upon you about 1637 , aggravate them as much as you can do in any measure , come near them ; and if they do , as I am sure they cannot , I would know whether the Modest , Rational and Religious Doctor be not guilty of an Immodest , Irrational and Irreligious Lie ? And in the next place , seeing we must go back to 1637 , pray what did your Party then suffer answerable to the Persecution of the Presbyterians by your High Commission-Court before that time ? Or , did your Sufferings come any thing near the horrid Cruelty which Montross with his Highlanders , and the Irish Rebels , who join'd him after they had massacred the Protestants in Ireland , committed upon the Country in Defence of your Prelacy ? But further , if your Party did suffer any thing at that time , as it was impossible but they should when the exasperated People had taken Arms against their Invasions both of Church and State , and the Quarrel came to be decided by the Sword , who was to blame for it ? They drew it upon themselves , they would not be satisfied that they had obtruded their domineering Prelacy , but they must also impose a new form of Worship , for opposing of which they incensed the King to raise an Army of 30000 Men to force it upon us . So that here was Precedent enough according to the Talion Law , to force the Covenant upon them , which yet we never did in that manner , tho the honest Doctor has the Confidence to assert , that we imposed it with greater Tyranny , Malice and Violence , than the Fathers of the Inquisition ever practised . Good Mr. Doctor , ( for you were very angry that I did not call you so in my last ) Did your Doctorship ever hear that we put the Prelatis●s in Dungeons to be eaten up with Toads and Serpents ? Did we ever put any of them upon the Rack ? Did we ever thrust pieces of Cloth down their Throats to their very Stomachs , and pull them up again ? Did we ever burn them in Habits painted with Devils ? Did we ever twist the Muscles of their Arms and Legs with Cords , which your Fathers of the Inquisition are known to have practised ? Or , did we ever torture them with the Boot , Thummikins , or burning Matches ( as your Brethren of the Prelatical Inquisition did us ) to make them take the Covenant ? I am confident your Conscience , tho pros●ituted to a Prodigy , flies in your Face , and gives you the Lie. Well , but the Doctor has not done yet , he tells you the Covenant was imposed upon the Children at Schools . Truly Mr. Doctor , to do you Justice , I believe it was required of the little Children that offered to take Degrees of Master of Arts : and tho your Doctorship was never nearer Rome than 480 Miles , as you say in your Postscript , you have learn'd the Art of equivocating as well as if you had been there ; for every one knows that Men of thirty Years old may truly enough be called Children , and Universities may as well be called Schools : But if that was unlawful , how came your Party to follow the Example , and even your own Doctorship to offer a blank Oath to your Scholars ? And why does the Church of England impose Oaths upon Children at Schools in Oxford and Cambridg ? Pag. 87. He says there 's nothing in the first part of the Answer to the Scotch Eloquence , but an ill-contriv'd Abstract of the Hind let loose . Good Doctor , I am afraid that the Eyes of your Head , as well as of your Mind , were blinded with Indecencies of Passion , else you would have seen somewhat else , viz. frequent Demonstrations , that you and others of your Party are notorious Liars , in asserting that our Proceedings against you are more barbarous and cruel than yours against us , and that by Authentick Proofs , viz. your own Acts of Parliament . Next the Doctor tells us that the Episcopalians publish'd a Compendium of the Hind let loose , that all Men might see the Principles , Practices and Humours of that Sect whom they oppose● and that there cannot be a better Defence of Charles the Second's Government than the Hind let loose . We have told the Faction often enough that the said Book is against Presbyterians as well as Episcopalians , and was writ in the height of a Schism , and never own'd by the hundredth part of the Presbyterians : but such is the Unreasonableness of our Prelatists , that they will charge it upon us , and would make the World believe that it is conseq●ential to the true Presbyterian Principles , though I have already demonstrated , that the excommunicating and exauctorating the King was contrary to our Discipline and Covenant . But to answer the disingenous Man with Argumentum ad hominem , I argue thus : There can be no better Defence of the Proceedings of the Presbyterians against the Prelatists , than Dundee's Declaration , their refusing to swear Allegiance , and pray for King William and Queen Mary , seeing those who do so , act more consequentially to the Prelatical Principles of Passive Obedience and Nonresistance , than those who comply . Ibid. He tells us , That if the Ministers of State under K. Charles the Second in Scotland , have done nothing but what all wise , great and good Men have done in the like Cases , then the Clamours of this Party are rather an Honour than an Accusation . This is poor Sophistry , Doctor ; we deny your Assumption , and by course your Consequence must fall , which is an Answer sufficient ; but to be plainer with you , If King Charles and his Ministers of State did nothing but what all wise , great and good Men have done in the like cases ; then his present Majesty and the Parliament of Scotland must , by this Argument , be foolish , little and ill Men , to disapprove their Methods : so that we see how superlatively loyal and modest the Doctor is . But yet further : We would have his Doctorship to know that there was never such a Case under Heaven , and therefore the Doctor will be at a loss to find good , great and wise Men for Precedents . Ay , let him turn over all the Histories of Europe , give us a Parallel , that any Protestant Prince should solemnly before God and the People , swear with his Hands lifted up to Heaven , that he would govern according to the Terms on which he received the Crown , viz. The Preservation of the Presbyterian Government , and the Privileges of Parliament ; declaring that he was under no Constraint to take the said Oath , but that he did the same voluntarily and without Mental Reservation ; acknowledging the Sins of his Family , and promising a Redress of Grievances : I say , let him give us an Instance of any Protestant Prince that ever perjur'd himself in such a manner , and requited Subjects as he did us , tho we own'd his Title , defended him against the Usurper who had cut off his Father's Head , and exposed our selves to ruine for his sake : for reward of which , immediately after his Restauration , he overturn'd our Civil and Religious Liberty , cut off the Earl of Argile's Head , who had set the Crown upon his ; and afterwards enacted Laws to make the People own the abjur'd Prelates , and involve them in the same Perjury with himself , and because they could not not in Conscience do it , sent Forces to take free Quarter upon them , drive or drag them to Church , destroy their Substance , and treat their Persons in that barbarous manner as before related , tho many of them advanced , and none of them opposed his Restauration , nor threatned any Disturbance to his Government . But the truth of the Case was , he and his Ministers of State knew well enough that he had forfeited his Right to the Crown , and that the Presbyterians could not but in Heart abhor his Perjury ; and therefore they were resolved to put them out of condition to demand the Forfeiture , if ever they should happen to be so minded : which that poor People were so far from , that not one of those whom mere Necessity had constrained to take Arms at Pentland , or Bothwell-Bridg , denied his Title ; but on the contrary , still own'd him . And for that small inconsiderable number that acted otherwise at Sanqhuar , &c. it 's already demonstrated , that they neither proceeded according to our Principles , nor with our Consent : And therefore , so long as there are any Records in our Nation , King Charles the Second's unparallell'd Perjury , Ingratitude to his Subjects , and Tyrannical Government can never be justified . And as for the Rebellions he charges us with under King Charles the First , let any body peruse Rushworth's Collections , or even Sir Richard Baker's Chronicle ; and tho all the Truth be not written there , it will be easy to perceive that the Innovations made upon the Church of Scotland , and the Invasions on the Liberties of England , were the cause of that Prince's Misfortunes , who was misled by a Popish Wife , and misinformed by Popish and Prelatical Ministers to his Ruine . That unfortunate King put one Affront on our Nation ▪ mentioned by Sir Richard Baker , that was enough of it self to have made them shake off his Government , viz. the demanding of the Crown of Scotland to be brought hither for him to be crowned with , which argued such a Degeneracy of Spirit , and so much of an alienated Mind from his Native Country , that 〈◊〉 a wonder how ever Scots-Men should have own'd him afterwards : the greatest Monarch that ever sat upon the English Throne ; would have gone as far as Scoon , and thank'd us too , to have had the Honour of it ; and for a Scots-Man so far to undervalue his native Country , as to demand the poor , and almost the only remaining Badg of their Honour , Antiquity and Independency , to be brought into another Nation , Quis talia fando temperet a — Ne quid aspersus dicam . Certainly nothing but an exuberant Loyalty and Esteem for their natural Prince , whom doubtless they considered as over-ruled by pernicious Counsel , could ever have made that Kingdom put up the Affront . And therefore when he persisted to oppress and persecute them upon the account of their Consciences , it was no wonder that they re-assum'd the Spirit of their Ancestors ; and let him know that the Kings of Scotland were never allowed an Arbitrary Power , nor did ever any of them usurp it , but it prov'd fatal to them or theirs : Nor never was the Nation so much degenerate but since the Reign of our Protestant Prelacy , who were the Creatures and Supporters of Tyranny ; for in the times of Popery we had more Grandees than we have now , that could tell how to put the Bell about the Cat 's Neck on occasion , as Archbald Douglas , Earl of Angus , did to King Iames the Third ; but since the Union of the Crowns , the fall of our Grandees , and the Combination of the English and Scots Mitres , Scots-Men durst never say their Head was their own but when they had the Sword in their Hand , except it be under this present Government . And therefore the Nation of Scotland is mightily obliged to Prelacy . Ibid. He charges the Presbyterians with Enthusiasm . Our Prelat●sts are of late become as fond of this Expression as is the Cuckow of his known Note ; and I can imagine no other reason why , than because they are so accustomed to swallow their Liquor ; that as the Lecher pleases himself with Baudy Stories , so do they with the very word Enthusiasm , which is but a Greek Term signi●ying pouring in , and in this sense I 'll maintain it , that it 's more proper to be applied to our Drunken Prelatists , than in any manner to us . I always understood Enthusiasts to be a sort of Persons who pretended to other Revelations than the written Word for their Rule , such as our Quakers , and the old German Anabaptists , or absit verbo invidia , our Prelatists , who build more upon the uncertain and superstitious Writings ascribed to some of the Fathers , than on the Writings of the Apostles , who are the Grandfathers ; or on the Rationale of a Durandus , or the Poetical Whims of any Church Devoto for their unscriptural Ceremonies , than on Divi●e Revelation , which orders us to worship God as he commands , and not as we think good in our own Eyes . Then seeing the Presbytérians do plead for a strict Conformity to the Scripture as the Rule of Faith and Manners ; and that our Prelatists admit of By-Rules , for which no Reason can be assigned , but the Capricio of some fanciful Bigot , or corrupted Father ; let the World judg which Party is most chargeable with Enthusiasm . Ibid. He says , That the Acts of our General Assemblies do sufficiently vindicate Charles the Second , and his Ministers of State , from any shadow of Rigour or Cruelty . It were easy to answer the Doctor in his own Coin , that the knavish Address of the Scots Bishops against the Prince of Orange , their opposing him in Parliament , and the Barbarities committed upon the Presbyterians by the Prelatists , as above related , are sufficient to vindicate us from any shadow of Rigour or Cruelty , which must , by all Men who have not forfeited Sense and Reason , be allowed more than a sufficient Answer . But further , the Doctor would have done well to have cited those Acts , and then a more particular Answer could have been given : However , I 'le guess at his meaning , and suppose them to be such as declared against imploying Malignants in Places of Power and Trust ; which was the Opinion of those called Remonstrators : And if so , pray , good Doctor , why is this more culpable than your Church-of - England . Test , which excludes all Dissenters from Places of Power and Trust ; and that also against his Majesty's Desire , in his Speech to the Parliament , wherein he did rationally insinuate , that the taking off of the same , would unite his Subjects in his Service against the Common Enemy ? If the Copy was bad , why does the Church of England follow it ? Or , do you not think that we had as much reason to keep out Prelatists from Places of Power and Trust , as you have to keep out Presbyterians ? Nay , I do verily believe , there is no true English-man , or Protestant , who does not see the Mischief which happens daily by the continuance of this Test , which obliges his Majesty to make use of such as do betray him continually . And whether the Scots Presbyterians were mistaken in their Conjectures , that our Prelatists , when admitted into Trust , would betray our Religion and Liberties , let the late Revolution , and the Causes of it , testify . Or , if there was any such Act made or intended , by any Assembly of the Church of Scotland , as disown'd Charles Stuart , the Head of the Malignants , because of his breach of Covenant , and designs to enslave the Nation ; it must 〈◊〉 be own'd , that they were too clear-sighted , and that the Church of England do the same in relation to K. Iames , who had as good a Right to the Crown , according to the Prelatical Principles , as ever his Brother had ; and , if Passive Obedience be a true Doctrine , ought as little to have been opposed as he . Then supposing it true , that the Remonstrators were against owning of him on the Accounts aforesaid ; yet seeing they were not the majority of the Presbyterians , and were willing to submit to his Legal Administration , swear Allegiance , and live peaceably under his Governm●nt , neither Reason nor Conscience will justify his Proceedings against the Presbyterians in general on that Account ; or the making of Laws on purpose to fret their Consciences , and press the execution of them in such a barbarous manner as must unavoidably procure Insurrections , when they submitted to him without the least Opposition . Sure I am , the Church of England are more moderate to the Jacobites , when they won't so much as admit of an Oath of Abjuration to be imposed on those in Places of Power and Trust. Pag. 88. He refers to Sir Geo. Mackenzie's Defence of Charles the Second's Government , as unanswerable , though the same hath already been confuted , better than he can defend it . But the modest Doctor goes on , and says , The Objections against that Government , are only little Cavils and Exceptions . No doubt , Sir , K. William , and his present Parliament of Scotland , are but little cavilling Fellows ; and the following Grievances complain'd of by the Convention of States , were but small Exceptions , viz. Disarming Protestants , while Papists were employed . Imposing Oaths contrary to Law. Giving Gifts and Grants for exacting Money , without Consent of Parliament , or Convention of Estates . Levying and keeping on foot a standing Army in Time of Peace , and exacting free Quarters without Consent of Parliament . Imploying Officers of the Army as Judges through the Kingdom , &c. even where there were Hereditary Offices and Jurisdictions ; who put many of the Subjects to death without any Form of Law. Imprisoning Persons without expressing the Reason , and delaying to bring them to Trial. Forfeiting several Persons , on stretches of old and obsolete Laws , as the Earl of Argile , to the scandal of the Justice of the Nation . Subverting the Right of Royal Burroughs , imposing Magistrates and whole Town-Councils upon them , contrary to their Charters , without pretence of Sentence , Surrender or Consent . Ordering Judges to desist from determining some Causes , and how to proceed in others . Imposing extraordinary Fines , exacting of exorbitant Bail , and disposing of Fines and Forfeitures before Sentence . Forcing the Subjects to make Oath against themselves in Capital Crimes . Using Torture without Evidence , or in ordinary Crimes . Sending an Army in hostile manner upon several parts of the Kingdom , in time of Peace . Imposing Bonds without Authority of Parliament . Suspending Counsellors from the Bar , for not appearing when such Bonds were offered , contrary to Law. Putting Garisons in private Mens Houses in time of Peace , without Consent of Parliament . Making it Treason for Persons to refuse giving of their Thoughts , in relation to Points of Treason , or other Mens Actions . Imprisoning and prosecuting the Subjects , for petitioning the King and Parliament to grant Remedy by Law. Now whether these be little Cavils and Exceptions : Whether Charles the Second was not guilty of these Male-administrations : and if so , whether he deserved to be called a Wise and Peaceable Monarch , let any Body judg . And that they may do it the more impartially , I would wish them to consider , that there is a Woe denounced against them who call Evil Good , and Good Evil. And I would pray the Doctor to tell me , whether it was modesty in Sir George , or is modesty in himself , to defend these things , which common Sense must needs condemn , the Representatives of the Nation have adjudged as Grievances , and the continuance in them as chiefly conducing to K. Iames's Forfeiture of the Crown ? I confess I do not at all wonder that Sir G. M. should defend a Government which advanc'd and imploy'd him : These barbarous Laws , and inhumane Prosecutions , brought Gri●t to his Mill , and fill'd his Bags ; for it will eternally hold , Dul●is od●r Lucri ex re qualibet , even from Piss it self . And there is yet the less cause of surprisal , when we consider , that he was Iohn White 's ( anglicè Iack Ketch 's ) Journyman , or as he call'd himself , Calumniator publicus , and the common Libeller of the Presbyterians ; so that of necessity he must represent them as Monsters , else he must own himself a bloody Butcher in prosecuting them at such a rate as he did . But further , Sir George's Arguments are all built upon a false Narrative of Matter of Fact ; nor could a truer Relation be expected from a Man of his Kidney , who prostituted his Conscience , not only to different Parties in the Church , but contrary Factions in the State : Let not the Scribler tax me as not generous for saying so , seeing it is true ; for it can be no more a Crime in me to attaque Sir G. after his Death , than for him to attaque Mr. Rutherford and others , who are also in their Graves . His Subornation against Sir Hugh and Sir Geo. Campbel , was charged on him to his Face in open Court , by the Persons whom he had suborned . And in like manner it can be proved , that he suborned others against Halside ; and did actually prosecute Blackwood , for a pretended Crime , whereof he himself was guilty , viz. conversing with Mr. Wilson a Bothwel-Bridg-Man , for which he aim'd at the Gentleman's Life and Estate : so that no Reason will allow the Testimony of one who was so much a Party , and notoriously unjust , no more than we could allow the Calumnies of Bishop Bonner against the Protestants , whose Blood he shed and thirsted after . Nor are the Presbyterian Nurslings , as he calls them , so much gauled by Sir George's Book as he supposes ; and the unwary Doctor himself owns what I asserted , that the Reasonings in the Treatise relate to the Papers publish'd by the Cameronians , which shows how unfairly Sir George argued , to instance Actions of Men rendred mad by a barbarous execution of Cannibal Laws , to defend the making of those very Laws . As for the Honour he alledges I do the Faction , in mentioning some Great Men as Persecutors , much good may it do them : for if , according to the Learned Doctor 's Argument , Quality , Sense and Interest cast the Ballance , then certainly Nero , and Iulian the Apostate , were too heavy for the Apostles and Primitive Christians ; and that great Monster , Lewis XIV . has much the better of his Protestant Subjects . Well , but the Doctor says afterward , They have reason to glory in their Parts , Honour and Integrity ; which is none of my Business to question . But the Instances they are charged with , will come under none of those Heads , and therefore the Doctor 's Panegyrick is foreign to the purpose . But we can easily answer , that their Majesties and present Parliament , have declared the very Laws , which were yet more torelable than their barbarous Execution , Wicked and Impious ; and I hope the modest Doctor will allow , that they have Quality , Sense and Interest enough to cast the Ballance . I shall only add , that Sir Geo. Mackenzie , by a Concession , Pag. 17. destroys his own Hypothesis ; for there he owns that Presbyterian Ministers , who were sent to reclaim these Criminals , and Presbyterian Jurors who were summoned to their Trial , seldom failed of condemning them : so that from his own Mouth he gives himself and the Doctor both the Lie , when they charge those Principles upon the Presbyterians in general , and consequently discover the falshood of that Necessity , which they pretend the Government was under , to make such Laws against us in their own Defence . Pag. 13. Sir George says , That the Heretable Iudges , i. e. Hereditary Sheriffs , refused to put the Laws in execution against Conventicles , by which they became formidable . Which destroys two more of his and the Faction's Assertions , viz. That Presbyterianism : was not popular , and that none but the Rabble were their Friends ; for those Hereditary Sheriffs are the best and most ancient Families generally in every County : So that Sir George wrongs his Cause exceedingly by that Concession , seeing those Hereditary Judges living upon the Place , and being acquainted with the Industry and Honesty of the persecuted Party , would not abandon their Honour and Conscience to become Hangmen to their Neighbours and Tenants . And therefore the Court being resolved to ruin the Country , imployed bloody cut-throat Papists , as the Earl of Airly and Laird of Meldrum , and their barbarous Savages the Popish Highlanders . But according to the natural disingenuity of his Faction , he takes no notice , that those Military Judges pull'd the Hereditary Sheriffs from off their Benches , and would not let them proceed against the Presbyterians according to the Statute-Law , because that was too mild in their Opinion . One remarkable Instance thereof was at Selkirk , where Meldrum pull'd Philiphaugh , who is Hereditary Sheriff of the Forest ( now a Lord of the Session ) out of his Chair , when holding his Court. Another of Sir George's Defences are , the alledged Severity to the Cavaliers in Charles the First 's Time : Which if true , though there 's no reason to take his Word for Proof , he could not but know the truth of that Maxim , Inter Arma silent Leges ; and that this could not justify the Dragooning of People to Church , and taking free Quarter in time of Peace . But Sir George , accordin● to his wonted disingenuity , takes no notice of the Case of that Severity , if any such were , viz. that the Persons so treated , harassed their Native Country with Fire and Sword , in conjunction with those who had cut the Throats of Protestants in Ireland , filled the Kingdom with bloody Murders and barbarous Villanies . I have neither time , nor is it consistent with my present Design , to an●madvert any further upon his pretended unanswerable Book ; but I think any honest Reader will be satisfied that it needs no worse Character , than to be stigmatiz'd as a flat Contradiction to their Majesties and the present Parliament of Scotland , being a sophistical and unfair Relation of Matters of Fact , to make the World believe that all those Grievances have been false , which the Parliament complain'd of , his Majesty declared against , and founded the Justice of his Expedition upon their Redress : So that it will issue in this , either that Sir George Mackenzy is a Liar , or that his Majesty and the Parliament of Scotland are such ; and therefore , good Mr. Doctor , I am not afraid to appeal to the Judgment of all disinterested Persons , whether it be you or I that are most void of Generosity , Honour , Modesty and common Sense , of all which you deprive me in the 89 th Page of your Libel . So that tho the Ass may vapour a while in the Lion's Skin , the Ears of the dull Brute will discover him at last . And thus our Doctor has wounded his Pretences to Loyalty , by defending Sir George's Book . But allowing all to be true that Sir George alledges as the Cause of our Persecution by Charles the Second ; I say still , that the Faction deserves to be more severely treated by this Government upon the very Parallel , viz. thus ; They own Passive Obedience to be true Doctrine , and were as much sworn to that as we were to the Covenant ; so that if they believe that Doctrine , they must needs look upon their present Majesties to have no just Title , and think themselves obliged to rebel . Now Malice it self could never fasten any such Consequence upon the Covenant as to Charles the Second's Title : Ergo , Passive Obedience must be more dangerous to this , than the Covenant was to that Government . But the Doctor turns his back , and takes no notice of this Argument , only magisterially tells you , that if there be no more in the case than Passive Obedience , the Government needs not be afraid : Tho every body but the Faction , ●hose Interest it is to dissemble the Consequences of their Principles , sees the contrary by Demonstration from the Practices of the Nonjurant Bishops , the high Church-of - England Zealots , and the Scots Rebellions . 2. The Episcopal Party disown the Presbyterian Ministers , and won't hear them ; Ergo , by Sir George Mackenzy's Position , they should be dragoon'd to Church , and with much more reason than they dragoon'd us ; for there 's nothing in our way of Worship but what they practis'd themselves ; nor can they object against our Form of Government , for they had it in conjunction with their own Episcopacy . Then seeing we neither do nor desire that they should be persecuted on account of their Dissent , whether are they or we most moderate ? All the difference is , that there are no Laws against their Nonconformity as there were against ours : which I grant to be true ; and hence we can demonstrate Presbyterian Moderation , that the Parliament did not make any Laws against the Consequences of Prelatical and Passive-Obedience-Principles , tho the Prelatists made Laws against ours ; and sure I am , we had much more reason to have made Laws against them , who did actually oppose and rebel against his present Majesty while the Parliament was sitting , and yet no such thing was ●ver moved . As for his Allegation , that our Moderation proceeds from the opposite Biass of the Nobility and Gentry ; it shows his Ingratitude : but all Men of sense must needs be convinced that the Parliament , who settled Presbyteria● Government , and that with so much care as to entrust none but the old Presbyte●ian Ministers , thrown out by the Pr●lates , and such as they should admit , with any sh●re of the Government , were not so much biass'd in ●avour of the Episcopalians , as to restrain from making such Laws on that account , if there were no other reason . Pag. 91. He owns that the Author of the Scotch Presbyterian Eloquence has perhaps been unwary as to some Stories , which need Confirmation . Well said , Doctor , perhaps unwary , when I have made it evident from his own words that he contradicts himself ; but the Inconsistencies I charge him with , you say you have no Inc●ination to examine ; and truly I believe it , because you know they are true . And whereas you say there is not one good Consequence in my Book : pray let 's hear what you can say in your next to avoid the dint of the Consequences there deduced , and here repeated , to prove your Party in general , Liars , Persecuters , &c. But the good-natur'd Doctor being sorry that he has done us so much fa●our as to grant that his Friend was unwary as to some Stories , retracts immediately , and tells you , there are multitudes of true Stories against us of that nature , and believes that there was no Injury done us in publishing that Book . Well argued , wary Doctor ; you own that your Friend was unwary in publishing Stories which needed Confirmation , tho he delivered them all as positive Proofs , and yet say he did us no Wrong . So that I perceive , according to your Episcopal Conscience , a Breach of the Ninth Commandment is no Injury . But Doctor , seeing you have given your Friend the Lie , e'en box it among you till you box one another's Ears . But in truth , Doctor , he has no reason to be angry with you , seeing you give your self the Lie as well as him : for Pag. 91. you say that you believe the Presbyterians had no Injury done them by publishing that Book . And yet Pag. 93. you say , you do not believe those Stories of Mr. Rule publish'd in that Book ; so that the wary Doctor must either grant himself a Liar , or that to publish Lies against a Man is no Injury , which makes him a Blasphemer . Now , good Doctor , Vtrum mavis elige , take your choice . The Doctor goes on , and proves his Argument thus : The printed Accounts cited from their Books are equal to the unprinted Relations of their Sermons and Prayers : but takes no notice of the perverted Propositions and false Citations , which I have proved upon his Friend from our printed Books , nor of what I said in Mr. Rutherford's Defence , but goes on to revile him , tho his Works praise him , and make his Memory precious . Good Doctor ! remember your own beloved Apology of the Kites , Crows and Jackdaws , and pray take in the Cuckows , solemnizing a Jubilee over the dead Falcon ; and apply the other Fable to your self , that the Ass , amongst other Beasts , kick'd and insulted over the dead Lion. For sure I am , if Mr. Rutherford were alive , he would disdain to enter the Lists with such an Episcopal Hawker as you , but would content himself to say , Etiams●●tu poena ●ueras dignus , tamen ego indignus qui à te poenas sumam , which is in plain Scots , he would scorn to foul his Fingers with you . Well , the Doctor knows not whether to believe , or not believe ; and mark his Civility to Mr. Rule , for you must know he will not allow him the Title of Doctor , that 's too much for a Presbyterian : He tells you he has given you a couple of Instances of greater Ignorance and Nonsense in Mr. Rule 's Book than any that's to be found in the Scotch Eloquence ; and yet in the beginning of the 93 d Page , he tells you he does not believe the Instances in that Book against Mr. Rule ; why , good Doctor , it would seem you think them not Nonsense great enough for Mr. Rule : But should not you believe your Brother , the Author of the Presbyterian Eloquence , as well as you would have him to believe you ? Truly in his next Pamphlet he had e'en best be quit with you , and use your own words , viz. That he will not believe what you say unless he have better Authority . And last of all , Doctor , seeing you own that his Authority is not good ; pray , why are you angry with me for writing against him ? Poor Doctor ! remember that the false Witnesses against Jesus Christ could not agree in their Evidence : and seeing you and your Comrade are at giving one another the Lie , be not angry if I call you both Liars . Ibid. The Doctor tells us , that the most blasphemou● Story in the Scotch Presbyterian Eloquence , can be proved by the most undeniable Evidence , particularly those against Mr. Vrqhuart and Mr. Kirton : But he would do well to remember that he himself has already belied one of his Evidence● , and we have no great reason to think that the rest are of any better Credit . But further , I am sufficiently satisfied by those who have lately made an Enquiry into the Affair , that the whole is a malicious Calumny . Well , after a little more Vomit , he tells you , That the absurd ludicrous Sect metamorphose Religion and its solemn Exercises into Theatrical Scenes . Commend me to the wary Doctor ! what , not one Page without contradicting your self , or your Brother the Author of the Presbyterian Eloquence ? He said that our Preachers were whining Fellows that drivell'd at Eyes and Mouth , and now your Doctorship tells us that they are Merry-Andrews . Well , Doctor ▪ who 's the Liar ? he says it 's you , and you say it 's he , and I say it 's both . Pag. 94. The Doctor seems content that he and his Party be reckoned Publicans and Sinners , so he can but perswade the World that we are Scribes and Pharisees . Pray , good Doctor , dignify and distinguish your self and your Party by what Title soever you please , and observe the wise Man's Rule , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; but be charitable to your Neighbours , and before you charge us with acting Comedies , consider how you 'll reconcile your self to your Brother , Author of the Scots Presbyterian Eloquence , who chose rather to represent us as personating Tragedies ; and you and he both seem so very well acquainted with the Customs of the Play-house , that you had e'en best petition their Majesties for Mumford's place , and the other ( what do you call 'em ) that 's lately dead , and then we may not only sing but swear , That the Pulpit and Stage have corrupted the Age. But one word more , Doctor , and that 's this ; Take your Brother Foster along with you , for he 'll make a special Bully , and then you may sport your selves in your Theatrical Scenes , I had almost said Obscenities , and act Comedies , Tragi-comedies and Farces altogether ; and take my word for it , you need not doubt of Visits from the same Angels and Ladies who are so kind to you now . Pag. 94. The Doctor breaths out such venomous Reflections , and so remote from Truth , that they must needs be inspired by Hell it self : so that his Doctorship may very well pass for a black Enthusiast . But it is very strange the Presbyterians should be such foolish and Cominal Preachers , as to make all Religion ridiculous , and yet be preferred by King , Parliament and Country , when the Episcopalians are rejected . Pag. 95. He comes to invalidate my Instances of the vitious Lives , and ridiculous Sayings of the Prelatical Clergy ; and truly , Doctor , I agree , that it 's neither decent nor generous to wrestle with a Scavinger , but it 's much less to attempt it and be foild . Well , Doctor , to your first Topick , that this way of Libelling is the true Characteristick of our Party . Good Sir , let 's join Hands then , for really I did not know before that yours and ours were the same ; as they must of necessity be , if Libelling be our Characteristick : for that your Party are Libellers , needs no other proof than the Catalogue in the Frontice-piece of your Apology ; The Scots Presbyterian Eloquence , your Apology it self , and the Postscript , Iam cuncti Gens una sumus ; and pray , seeing it is so , don't disturb the Repose of your Prelatical Friends at Court any more , to patch up an Union by Force or Fraud . But now I think on 't , there are a sort of Literae Mutabiles , which run from one side to another ; and I believe that 's the Reason why Characteristicks cannot be so easily distinguished ; For who can tell where to find a Man that 's sometimes a Protestant , sometimes a Papist ; turns Protestant again ; and from a Cadee , become a Curat ; then Head of a College , and at last leaves his Country for Schism and Disloyalty ? As for your Story about Spotswood , you would have done well to have cited your Author ; for since , as I told you not long ago , you gave your self the Lie , we have no reason to believe you . Moreover , it 's but very natural for a Cadee of Dunbarton's Regiment , which us'd to plunder People of their Goods , and make no scruple to rob Men of their good Names , not to be believed . For your Encomium on Arch-bishop Sharp , it 's no surprizal to me , his Villany was so universally known , that no Man but those of his Gang will defend him ; and that 's no more than Whitney , lately hang'd for Robbe●y , may expect , and without doubt has from his quondam Underlings . As for your charging the Arch-bishop's Murder on the Presbyterian Principles , 't is like your Philosophy : Mr. Shields says it , Ergo it's true . It were a sufficient Answer to tell you , another denies , Ergo it's false . And I tell you , again and again , That the Hind let loose , was never the Standard of our Principles , nor approved by our Party ; and I dare venture to say , Mr. Shields will not now own every thing in it himself : Nor is it his Disgrace , but Honour , to retract what upon second thoughts he finds will not hold . And as for your Allegiance , that there 's nothing worse in the Morals of the Iesuits : You do well to defend your Friend , but I directed you before , where you might find as bad , nay worse , among our Scots Prelatists , who gave publick Commissions to murder Men without Form of Law ; which is more than a sudden intemperate fit of Rage in a few Men , who accidentally rencountring the Prelat , who was actually pursuing them for their Live● by his booted Apostles , did inconsiderately deprive him of his . As for what I say against the Church of England , it's what many of her Sons own to be true : and whether the Passive-Obedience-Men deserve any better treatment , I refer to the incomparable Argument lately published by Mr. Iohnson . So that if there be any Incivility to the Church of England , it 's yours and not mine , for I distinguish whom I mean , and apply it to all in gross . Pag. 101. He charges me with attaquing all our Kings since the Reformation . This is unwarily argued , Doctor ; then I perceive , that according to you , King William is none of our Kings , for sure I am I do not attaque him . But your Doctorship may please to know , that I accused none of your Kings , but what the Parliaments have accused before me , and I think their Copy may be writ after : nor do I know any reason why we should be more sparing of late , than former Kings , if their Male-administrations be alike , and that it may be done with equal safety . All Histories , Sacred and Prophane , abound with the wicked Lives of Kings ; so that this Prelatical Maxim , of burying their publick Faults in Silence , never yet found , nor never will find encouragement from God or Man ; and their contrary practice flows not from Principle , but Interest : nor do they spare Kings more than others , when they thwart that ; witness Heylin's Reflections upon pious K. Edward the Sixth ; and the Carriages of the whole Party toward K. Iames , when he granted the Indulgence ; and to this we may add their continual Invectives and rebellious Practices against their present Majesties . So that they h●ve forgot the somuch wrested Text , which condemns speaking Evil of Dignities , they being the guiltiest of all Men alive in that respect , as may be demonstrated from their Clamours against all but Monarchical Government , though all Powers that be are ordained of God ; and to which according to the Divine Command , we should always chearfully submit , whether to the King as Supream , or other Governours . Magistracy in this respect being also called the Ordinance of Man ; because , though the Genus be determined by God , yet the Species is left to the determination of Men ; else were it altogether unlawful for the Subjects of Republicks to own their Governours , which no Man , sanae mentis , will affirm . And herein God has evidenced his Love to Mankind , that he hath bounded all sorts of Governments with one Commission , which is , to encourage the Good , and punish Evil-doers : So far may they go , and no further . Ibid. He says , That I charge them with such as were deposed for their Immoralities , as Dean Hamilton and Cockburn of St. Bot●ens : whereas I only charge them with having protected those Men from the Punishment due to their Impieties , and baffling their Prosecutors : So that if those Men were depos'd at last , it confirms my Charge of Injustice in the Administration , which punish'd Men for accusing those , whose Guilt at last they themselves were forced to confess . As for your Apology for Arch-bishop Paterson ; It is not much for your Credit to be Patron to a common Stallion , whom all Scotland know to be such ; and Mag Paterson ( a common Strumpet ) did own before the Lords of the Session , but a few Years ago , that she lay both with him and his Brother : and one of the greatest Ladies in Scotlaud , took him in the very Act of Villany with one of the Dutchess of York's Maids of Honour , upon the back-stairs of the Palace . The modest Doctor pretends to be very squeamish , and complains of my Obscenity , alledging , That none but a Devil can repeat , nor none but the Author invent such Instances as are there brought against the Episcopal Cle●gy . Good Sir , to use your own Expression , the paltry eruption of your Passion seems here ungovernable : If he be a Devil that repeats them , what is he that acts them ? But why must he be more a Devil that gives an account of Episcopal Debauches , than he that forges prophane Stories against the Presbyterians ? Let any unblassed Man read the Scots Presbyteri●● Eloquence , and the Answer , and certainly he must own , That if the latter was writ by a Devil , the former must be writ by a Beelzebub . Your magnifying the Arch-bishop's Merit so much , who was imprison'd for Disloyalty , shows your disaffection to the Government . Your Defence of Brown and Cant , are so like a pedantick Doctor , that they deserve no regard ; and what I write of them , are so far from being my Invention , o● , as you most learnedly word it , is the Exhalation of my most infectious Breath , that I can bring you the Authors to avow it to their Faces . Pag. 103. He says , It 's pleasant to see me accuse the Church for the Sayings of the Presbyterians : You own that those who preach'd such ridiculous things , were guilty of Blunderings after they conformed to Episcopacy . Truly , Doctor , if there were any greater Blunderers amongst them than your self , they must have been Blunderers in Folio ; for I cannot think they were guilty of a more palpable Blunder than this , to call Preachers , who comply'd with our Scots Episcopacy , Presbyterians ; for , by that same Argument , we may still call the Doctor a Papist , for such I am informed he sometimes was . As to Dr. Canaries , your Testimony is not of validity enough to clear him of that Accusation which I say still is upon Record : And suppose it true that these Presbyterian Ministers and Judicatories declared , they could make nothing of it , that will not amount to prove it false ; every one knows that Crimes of that Nature are very difficult to prove , especially when all the Parties concern'd are link'd together in Interest , and think it behoves them to retract what they formerly said , as I am very well assured by them , whose Reputation is fairer than the Doctor 's and yours both , that there is unexceptionable Evidence of the Woman's having declared the thing her self : And we have a very pregnant Instance of a Person of no mean Note , whose Accusation most in England are satisfied is true , and yet we see nothing can be made out , neither before the Judges , nor the Lords . As for your Appeal to Mr. Spalding , that he should say , nothing could be made of it , it is absolutely false ; he only said it as to the baptizing part ; which yet , as I have already hinted , is far from proving it a Lie. So that this Topick , that nothing can be made appear of it that may justify the Decrees of a Court after so many Years time , is not sufficient to acquit Dr. Canari●s . But suppose the thing to be altogether false , it argues a very great want of cleanly Men amongst the Episcopalians , th●t they should chuse such a Man for Agent , who lay under a flagrant Scandal . The Apostle's Rule is clear , that a Bishop ought to be blameless . The Doctor 's next Apology is for himself , and very angry he is that I said , [ commonly called Doctor ] which now I hope I have made him amends for . But heark you , Doctor , I had almost forgot to tell you of another Lie you have given your self , and your Brother-Libellers , the Authors of the Scotch Eloquence : for you all said , Nemine contradicent● before , that the Presbyterians were a proud , sowre , unconversible Tribe , and that there was nothing like Justice among them ; and now you own that the Presbyterian Privy-Council , and a Presbyterian Synod , treated Dr. Canaries with special Honour , acquitted him , and reproved his Accusers . Really Doctor , this is somewhat odd : Can any good thing come out of Nazareth ? Is it possible , that notwithstanding of all your Clamours , that you have at last drop'd out a Commendation of their honourable Procedure ? Truly , Doctor , this is not warily done , pray reconcile this with what you advanced before , that we had no Injury done us in the former Book , tho therein we were said to be Enemies to all good Morals ? But , Doctor , I beg your Pardon , perhaps you intend our Civility to Dr. Canaries as a Proof of it ; for truly he was accused for no good Morals . Well , but what did I say of Dr. M — o ? truly that it 's well known he rid in the Pope's Guards , and the Doctor denies it , and says it 's known to none but Presbyterians , who can discover Plots in the Moon . Doctor , I wish it were as sure that there are none in your Prelatical Church . But give me leave , Doctor , this impudent hint of denying the late Prelatical Plots against the Government , shews you have need of a better Purgation from the Charge that you rode in the Pope's Guards than you own : For really , if that were as true , as that there have been and are Plots amongst the Prelatists , it 's true enough . But to satisfy your Doctorship that it 's none of my Invention , I tell you truly that I can bring you twenty who heard it of you before ever your Eloquence or my Answer was publish'd ; and if our Friends make use of Stories now and then which want Confirmation , it 's no more than what you accused your Brethren of just now , then Veniam damus petimusque vicissim . And indeed , Doctor , to be serious with you , I wish that the Falshoods which have been mutually charged on one another , may oblige both to be more tender of publishing Reports upon trust ; but seeing you are the first Aggressors , blame your self for the Consequences ; and I think that your Doctorship particularly ought to have been a little tenderer of justifying such self-Contradictions as the Scots Presbyterian Eloquence , seeing I understand that when you were your self Parson in — you were your self accused of Villany with a Woman among the Corn ; truly , or otherwise , is not mine to determine : But seeing you publish'd random Reports against us , we cannot be blamed to answer with what we have heard concerning you ; and truly , Doctor , I am so far from being guilty of Forgery , with which you charge me so often , that were I to speak my last , I can freely declare , that I do not know one Syllable of what I write to be false , tho I know a great deal of it to be true , yet I never avouch'd all those Instances of the Follies and Vices of your Clergy as undeniable Truths , as you and your vapouring Brethren did yours in the Scots Presbyterian Eloquence . For I scarce think it possible that at such a distance , so many Stories can be transmitted on such a Subject , and in so great haste , without Mistakes : And yet I think there is no such great odds betwixt riding in the Pope's Guards , and being a Cadee in Dumbarton's Reglment which guarded Popery , and contributed so much to enslave Europe : so that it was but an auspicious Omen of being a good Country-man , much less a pious Protestant Preacher , to be a Volunteer in that Regiment ; not that I would detract from the Honour of their gallant Colonel , who tho he was so unhappy as to be a Papist , yet did truly inherit the Noble Soul of his Family . Nor yet would I derogate from the Valour of that Regiment , but I think these Nations are pretty well satisfied how little we are obliged to them either for our Civil or Religious Liberty : And I make bold to say it , they are as little obliged to their Cadee . The feeble Defence which in the next place you make for Gray , Hendry , Hannan , &c. deserves no Thanks from them , nor Answer from me ; and for your abominable Charge of a prostituted Conscience , lodg your Accusation nearer home ; and tho you have prostituted yours to Churches and Princes who drive distinct Interests , I never did so with mine . And to conclude with your pitiful Reserve to prove me a Liar , because in the Title Page it 's said , Printed by Tho. Anderson near Charing-Cross , 1693. It shews your Cause was sinking , when you lay hold on the first thing comes to hand ; but to satisfy you further , I tell you 't is no Lie , and charge you upon Credit to prove it one , for affirmanti incumbit probatio . You have not scribled so much , but you must know that Booksellers often put the Date of the following Year to Books printed in Michaelmas Term , which was the only apparent Falsity ; and for the rest it surpasses your Skill to prove it a Lie. Instances on Record of the notorious Cruelty and Injustice used in the time of the late Prelatical Administrations in the Courts of Iudicature against the Presbyterians , in the Persons of Sir Hugh and Sir Geo. Campbel , and the La●rd of Blackwood . AS for the Morality and Vertue of the surviving grand Patron of the Faction , and their lately deceased invincible Champion , Sir George Mackenzy , this following Instance will set it in its true Light. Q — ry , tho Douglas by Sirname , yet envying the Marquiss of Douglas , the Chief of the Family , whom he hath a Pique against , for refusing to take the Cross-bar out of his Arms , designed to revenge himself on his chief Chamberlain , or Steward , the Laird of Blackwood , a pious and worthy Gentleman , by whose Care the Marquiss's Estate is frugally managed , and that illustrious Family chiefly enabled to maintain it self in what remains of its ancient Splendor . Q — ry , and Sir George , not knowing which way to reach this Gentleman , did on purpose procu●e an Act to make Converse with such as they were pleased to call Rebels , or Convers● with any that had Converse with them , HIGH TREASON . The Marquiss having good part of his Estate about Douglas in the West , where a great many of his Tenants were concerned in the Insurrection at Bothwell-Bridg ; they thought that Blackwood must unavoidably converse with some of them upon the Marquiss's account , and so of necessity be catch'd ; hereupon they indicted him , and found it a hard matter however to prove any such thing upon him . But getting notice that there was one Mr. Wilson , an Inhabitant of Douglas , a Man of considerable dealing with many of the Noblemens Chamberlains of the West , that had also dealt with Blackwood ; and the said Wilson was reputed a grand Rebel , because one of those who had been forc'd to take Arms by the Tyranny of the then Government . They set a great many of their Implements at work to take him , which was no hard matter to effect , because he frequented most Markets in that part of the Country , and was often at Edinburgh ; so having taken him , they brought him to Sir George Mackenzy , who threatned him terribly , and accused him with abundance of Rebellious Practices , which had rendred him obnoxious to the Law , and liable to Death ; and having , as he thought , allarm'd him sufficiently ; then he begun to ●latter him , that he should not only have a Remission , but also a Reward , if he would give Evidence that he had conversed with Blackwood , whom they had then in Custody , and under Process , which he altogether re●used . However , Intercession being made to Sir George on Mr. Wilson's account ; and some undertaking to perswade him to a Compliance , he admitted him to Bail , to appear such a certain day . Q — ry having notice that Sir George had let Mr. Wilson go , was so enraged at the Disappointment of swallowing Blackwood's Estate , that being then in ● great Power , he swore , that if Sir G●orge did not get Wilson again to hang Blackwood , he should hang for him , because he himself had conversed with Wilson , a Rebel , and let him go . Sir George being thus circumstantiated , sent in quest of Mr. Wilson before his day , but he could not be found . However , they proceed to Trial , and , which was easy for them to effectuate , who were so dexterous at suborning of Witnesses and packing Juries , got Blackwood condemned , which his Advocates ( or Counsel ) particularly Sir George Lockhart , were so angry at , that they offered publickly in Court to prove Sir George to be as guilty as he , viz. in conversing with Mr. Wilson , who not being able to deny , tho fain he would , he confessed it , and told them that he would go to his Majesty and get a Remission : Whereupon all cry'd out Shame upon him ! to prosecute a Gentleman to Death , for that whereof he was guilty himself . And Blackwood's Counsel insisted that he ought to have the Benefit of a Remission also . Notwithstanding , Q — ry and Sir George hurried on toward Execution , nor could they allow the Gentleman time to prepare for Eternity , but call'd for his Accounts of the Marquiss's Estate , which the Noblemen and others appointed to take , finding so just , and seeing the Gentleman so grave and composed , they became Intercessors for a Remission , which was obtain'd , and the Greed and Malice of his Enemies frustrated . However , we see by this Instance the Vertue , Religion and Morality of the grand Pillars of our Scots Prelacy , which our Pamphleteers do so much boast of . But this following Instance will yet add a new Varnish to their illustrious and refulgent Vertues . The barbarous Prelatical Persecution , together with that unheard-of way of proceeding against Blackwood , having alarm'd Sir Hugh and Sir George Campbel of Cesnock , with other Gentlemen who were Presbyterians , or favourers of them , although they knew themselves Innocent , yet thinking it not safe to stay in the Kingdom , where Sir George Mackenzie could stretch the Law , and make it reach the Life and Estate of whomsoever he would , they came for London , with a design to represent their Grievances to K. Charles the Second : But that same Hand which persecuted the Presbyterians in Scotland , falling upon the Dissenters and moderate Church-men in England ; those Gentlemen happened to come hither when the Earl of Essex , my Lord Russel , &c. were committed on pretence of a Plot ; and Scots-men , because oppressed , being generally look'd upon as Disatisfied , the said Sir Hugh and Sir George Campbel , were illegally taken up , without a Warrant ; and having been divers times examined by the King and Council , there could not the least ground of Suspicion be found against them , saving what Atterbury the Messenger did falsly Swear : And being made sensible of his Perjury by the said Gentlemen , he told them , that his Oath could not harm them . Which my Lord Melford and Sir George Mackenzie being aware of , they went to the Duke of York . And my Lord having a Prospect of the Gentlemens Estates , they dealt with the Duke to procure a Warrant from the King to send them for Scotland , where they would do their Business . This was quickly granted ; and then Sir George set about suborning of Witnesses against them ; and the Evidence was managed and instructed by Sir W. Wallace of Craigy , my Lord Melford's Brother-in-Law ; Hugh Wallace of Garits , Chamberlain ( or Steward ) to the said Sir William ; and Hugh Wallace of Ingilston . The Evidence being prepared , Sir Hugh Campbel was brought upon his Trial , before the Earl of Perth then Lord-Justice General , ( or Lord-Chief-Justice ) of Scotland , who was very eager in the Prosecution ; and having pick'd a Jury for the purpose , they proceeded to call the Evidence , viz. Tho. Ingram , Tenant to Hugh Wallace of Borland , Cousin to Sir William Wallace the Suborner ; Daniel Crawford , and one Fergusson . The Earl of Perth having , according to Form , administred the Oath to the Witnesses , which is always done with much Solemnity and Gravity in Scotland , their Consciences began to rebound ; and upon Examination , they solemnly declared that they knew nothing against Sir Hugh Campbel . Which s●ruck Sir Geo. Mackenzie and the Court with Confusion ; and all the Spectator● shouted for Joy , crying out , That it was the Hand of God. Wher●at Sir George Mackenzie being enraged , bellow'd out , That he never heard of such a Protestant Roar , but at the Trial of the Rebel Shaftsbury . However , the Jury being shut up , return'd in a little time , and brought the Prisoner in , Not Guilty . His Council pleaded , That according to Law he might be discharged at the Bar : Which my Lord-Chief-Justice and Sir George Mackenzie refused , the latter being the King's Advocate , or Attorney-General ; and alledging , that he should find both Sir Hugh the Father , and Sir George the Son , guilty of High-Treason in England . Whereupon Sir Hugh was remanded to Prison , and an Indictment exhibited against both Father and Son , to appear before the Parliament ; wherein the Duke of Queensbury was to be Commissioner , who was as zealous for pursuing the Prisoners as any . The next Thing which the Prosecutors took in hand , was , to bring down some of the English Evidence , who pretended to discover the Plot at London ; and accordingly they were sent down in one of the King's Yachts . And by the Artifice of the Prosecutors brought into the Company of the Prisoners , who neither knew them nor their Design . The Evidence being examined before the Secret Council , and not being able to say any thing against the two Gentlemen , they were sent for London again in the Yacht . After this the Duke of Queensbury , Earl of Perth , Sir George Mackenzie , and others of the Faction , tampered with the Prisoners own Counsel , to advise them to cast themselves upon the King's Mercy , using for Argument , That the Parliament would condemn them , though Innocent ; and that they knew there was no Appeal from their Sentence : and therefore if they would cast themselves on the King's Mercy , they would be sure to procure a Remission , and a good part of their Estate . But Sir George Campbel absolutely refused to cast himself on the Mercy of either King or Parliament , because he knew it was sought for only to be an Evidence of a Plot , whereof they were altogether Innocent . After which they separated Sir George from his Father , and shut him up without Pen , Ink , or Paper ; and so kept him in close Prison for ten Days : But finding they could not prevail , they dealt with his Father to perswade him ; and so returned him again to his Father's Room ; where being continually dealt with , by Persons of Quality , who were loth to see the Family ruin'd , and did urge , that he would certainly bring his Father , and himself both , to the Block ; he answered , That he was willing to sacrifice his own Life , so his Father might be preserv'd . And finding that that could not be done , without casting himself on the King's Mercy , he was prevail'd with to do it . And though their Lives were saved , yet most , if not all their Estates were ●eised . I cannot omit one Particular more , viz. That the said Sir G. Ma●kenzie having a mind to ing●atiate himself with the said Gentleman since the Revolution , he did seriously tell him , that he swore the Evidence three times ( on their Knees ) in his Chamber , that they should Swear what they were taught against his Father ; and hop'd God would forgive him . Now I appeal to the Reader , whether ever a Piece of blacker Injustice was transacted , for the Kind , on this side Hell ; and whether our Prelatical Adversaries have reason to boast of those Mens Vertue , Worth , and Piety , who were principally concerned ? And whether any Credit can be deservedly given to Sir George Mackenzie's Relation of Matters of Fact , from which he deduces Arguments to justify the Severity of the late Reigns against us , wherein he himself was the Prosecutor , and so deeply engaged , as appears by his own Confession . Now , I say , whether his Defence of Charles the Second's Government , writ since the Acknowledgment aforesaid ; or the Parliament of Scotland , who in their Claim of Right complain of those things which he defends , ought to be best believ'd , let those who are unbyass'd judg . And seeing those two Instances of his notorious Injustice are Matters of Record , let the Reader bear Witness if I have not fairly disarm'd the Scots Prelatical Party of their best Weapon ; seeing to all which was told them of their barbarity to the Presbyterians , they constantly oppos'd Sir George Mackenzies Defence , as a Buckler that could not be pierced . I have but one word more , and then I have done : I would have any moderate Church-of - England-man , answer from his Conscience , Whether he thinks those of his Communion were faithful to his Majesty , who constantly sollicited him , till he was prevailed with , to imploy some of those principally concern'd in the black Acts of Injustice above-mention'd , in the chief Places of the Government in Scotland ; being moreover of the number of those Evil Counsellors whom he declared against at his first coming over . And seeing his Majesty , who has been but a little while among us , and often called Abroad , must needs in a great measure be a Stranger to Men and Things : May the Great God of Heaven preserve his Person and Government , from such dangerous Enemies as thus impose upon him , out of a pretended Zeal for the Church of England ; and in the mean time they have no reason to be offended at us and our Parliament , if we witness as much true Zeal for the Church of Scotland . Proofs of the Moderation of the Scots Presbyterians towards the Episcopal Party , from the Acts of the General Assembly held in the Year 1690. THat the World may be satisfied of the Moderation of the Presbyterians , and how little reason the Doctor has to charge the Cameronian Principles upon them in general , I thought sit to exhibit in the Words of the General Assembly , held in An. 1690 , what they express concerning the large Paper given into them by Mr. Line●ing , Mr. Shields , and Mr. Boyd , called Cameronian Preachers ; and the Substance of their Acts any way relating to the Episcopal Clergy . As to the first they enacted , That it contained several peremptory and gross Mistakes , unseasonable and impracticable Proposals , uncharitable and injurious Reflections , tending rather to kindle Contentions , than compose Divisions ; and therefore the said Paper was denied reading . And yet what is so heavily charged in that Paper , is far short of those Principles which the disingenuous Doctor will needs fasten upon the Presbyterians in cumul● . And as to the Episcopal Clergy , read what ●ollows . By their Act of Oct. 28. they recommend to the Presbytery , to take notice of all Ministers within their Bounds , the late CONFORMIST Incumbents or OTHERS , who shall not observe Fasts and Thanksgivings , indicted by the Church , or shall be guilty of any other irregular Carriage , &c. So that they are no severer upon the Episcopal Clergy , than their own , for all the Clamours of the malicious Faction . ●●●hat of 29 they enact , That all such who shall be received into Communion with them in Church-Government , be obliged to subscribe the Confession of Faith , ratified in the second Session of the Parliament . There it 's plain that they arrogate no more Power than what is given them by Law ; and it 's obvious , that by this Act , they neither exclude the Prelatists ab officio , nor beneficio : So that the Church-of - England-Men have no reason to complain , that their Brethren are severely treated , for they have made no such steps towards a Comprehension with the English Dissenters , though his Majesty desired it . And yet what a racket do they keep , because the Scots Episcopal Clergy are only denied a share in the Government of the Church , which they designedly seek that they may undermine it , and are not ashamed to own it . In their Letter to his Majesty , Novemb. 13. 1690. at the Close of that Assembly , they acquaint him with the Instructions which they had given to those appointed for Vi●itation , concerning the Conformists , viz. That none of them shall be removed from their Places , but such as are either Insufficient , Scandalous , Erroneous , or supinely negligent ; and that those of them be admitted to Ministerial Communion , who upon due trial shall be found Orthodox , Able , Godly , Peaceable and Loyal ; and that such who shall be found to have received Wrong in any Inferior Judicatory of the Church , should be duly redressed . Yet what Clamour , what Lies , what Obloquy and Reproach have the poor Presbyterians of Scotland been loaded with , in blasphemous and virulent Pamphlets , publish'd in London by Hindmarsh , the late King's Bookseller , and promoted and disseminated by that ungovernable Faction . And what a clutter did the high-●lown Courtiers keep about the Scots General-Assembly ; how industrious to misrepresent them to the King ; and how restless , till they had them dissolved , contrary to the Laws , and at such a time as we were threatned with a Rebellion at Home , and an Invasion from Abroad ; that so his Majesty having disobliged his only Friends in Scotland , might be totally deprived of any Assistance from thence : but , blessed be God , who disappointed their Designs : And I hope , that moderate and truly Religious Church-of - England-Men , will henceforth be more cautious in listening to the Calumnies of our Episcopal Clergy , when they consider the Moderation of the above-mentioned Acts of the Presbyterian General-Assembly ; which they have no reason to think of such dangerous Consequence as our Pamphleteers would have them believe ; and as D — M — ro , in his Papers lately seized by Authority , would have further insinuated . And that they may have yet a further proof of their Moderation , I would pray them to read the seventh Instruction given by the said Assembly , to the Commissioners appointed for Visitation , viz. That they be very cautious of receiving Informations against the late Conformists , and that they proceed in the matter of Censure very deliberately , so as none may have just cause to complain of their Rigidity ; yet so as to omit no means of Information , and that they shall not proceed to Censure , but upon sufficient Probation . And that the World may be farther satisfied in their Impartiality , in the fourth Instruction they declared that the Power of the Visiters shall reach Presbyterians as well as others : and in the second Instruction , they gave them Power to stop the precipitant or unwarrantable Procedure of Presbyteries in Processes . If any Proceedings can be more mild or regular , let the World judg : So that whether Dr. M — ● and his Fellow Libellers , who impudently assert , that there is nothing like Order , Moderation , or Justice among the Presbyterians , be Liars or not , let these Acts determine . And if there were no other thing to stop the Mouths of all Cavillars , the Assembly's Declaration , That they would depose no Incumbents simply for their Iudgment concerning Church-Government , nor yet urge Reordination upon them , were sufficient ; and if there be any Ingenuity in the Church-of - England-Men , it may for ever silence them as to their Complaints against our Administration , seeing those of their Communion have been , and continue still to be so much guilty of a contrary Practice towards Dissenters . And further , this Assembly , whom they branded as void of all Moderation or Humanity , made an Act in favour of Mr. Couper , Curat of Humby , and recommended Mr. Cameron , one of the late Conformists , to the Privy-Council for Charity , which is more than ever was done by any Episcopal Assembly in favour of Presbyterian Ministers . Having proved the Falshood of the Episcopal Calumnies against our Church as void of Moderation , it remains that I do the same as to the State ; and tho it be already sufficiently done in my first Answer , it will not be amiss to insist on it in this : And because contraria juxta se posita magis ●lucescunt , I shall exhibit a short Epitome of their Acts of Parliament against us in the two last Reigns , and of ours against them in this , that the World may see on whose side Justice and Moderation lies . Acts of Parliament by Charles the Second , and James the Seventh , against the Presbyterian Government , and Prebyterians in Scotland . PArl. 1. Session 1. Car. II. They enacted the Oath of Allegiance , asserting the King to be the only Supream Governour over all Persons , and in all Causes ; and obliging the Takers to the utmost of their Power to defend , assist and maintain his Majesty's said Jurisdiction against all Persons whatsoever , and that they should never decline his Power and Jurisdiction . Parl. 1. Sess. 1. Act 2 , 3 , 4 , 5 , 11. An Acknowledgment of the King 's vast and unlimited-Prerogative was enjoin'd to be subscribed by all in publick Trust over and above the Oath of Allegiance . Octob. 1662. The Council , not Parliament , turn'd out 300 Ministers without Citation or Hearing . Parl. 1. Sess. 1. Act 7. Sess. 2. Act 2. They enacted , That the National Covenant , and Solemn League and Covenant , should have no Obligation ; and ordered them to be burnt by the Hand of the Hangman . Sess. 2. Act 3. They restored Patronages . Sess. 1. Act 4. Enacted , That none be Masters in any University , except they take the Oath of Allegiance , and own Prelacy ; and none should be School-master , Tutor , or Pedagogue to Children without a Prelate's Licence . Sess. 2. Act 5. and Sess. 2. Act 3. Enacted , That all in publick Trust or Office renounce and abjure the Covenant on pain of losing their Places , and Privilege of Trading . Sess. 2. Act 2. Enacted , That all Petitions , Writing , Printing , Remonstrating , Praying or Preaching , shewing any dislike of the King 's absolute Prerogative , and Supremacy in Causes Ecclesiastick , or Episcopacy , be punished as seditious : And that no Meetings be kept in private Houses . Sess. 3. Act 2. Enacted , That all Non-conformed Ministers that presume to exercise their Ministry , shall be punish'd as seditious Persons . And that all Persons in acknowledgment of his Majesty's Government Ecclesiastical attend the Sermons of the Curats : Noblemen and Gentlemen refusing , to lose a fourth of their Rents ; Burgesses their Freedom , and a fourth part of their Movables ; and Yeomen the fourth of their Movables , and others 20 ● . a time , leaving the Council at liberty to in●●ict further Punishments , that if there were three above the Family at Preaching or Prayer , it should be esteemed a Conventicle ; and commanding Lords of Mannors , Masters of Families , and Magistrates of Buroughs to cause all under their Charge to come to Church . And for putting these Laws in Execution , a High-Commission-Court was erected by the King , contrary to Act 13. Parl. 10. Iac. 6. with Power to examine upon Oath de super inquirendis . Parl. 2. Act 1. Lauder da●e Commissioner , Enacted , That by virtue of the Supremacy , the ordering of the Government of the Church doth proper●y ●elong to his Majesty and Successors , as an inherent Right to the Crown ; and that he may enact and emit such Constitutions , Acts and Orders concerning Church-Administrations , Persons , Meetings and Matters , as he in his Royal Wisdom shall think fit ; which Acts , &c. are to be obeyed by all Subjects , any Law , Act or Custom to the contrary notwithstanding . Sess. 2. Parl. 2. Enacted , That all who should be required do depone upon Oath their Knowledg of all Meetings , or Persons at them , on pain of Fining , Imprisonment , Banishment or Transportation . Act 5. Enacted , That all outed Ministers found preaching or praying in any House but their own Family , be imprisoned till they ●ind Bond for 5000 Marks , not to do the like again . Every Hearer , toties quoties , 25 ● . if a Tenant , and 12 ● . if a Sub-Tenant . And that all who preach in the Field , or in a House , if any of the People are without Doors , shall be punished with Death ; and those who can seize and secure any such Minister dead or alive , shall have 500 Marks Reward . The Magistrates of Burghs to be sin'd at the Council's Pleasure for any Conventicles held in their Burghs , and they to be reimburs'd from the Landlord of the House : And Men to be ●in'd if their Wives and Children went to Meetings . Act 6. Imposed Fines from 100 ● . to 20 l. Sterling a time , on such as had their Children baptized at such Meetings ; and Servants to be ●ined in half their Wages . Act 11. Sess. 3. The same Fines were imposed upon them who should keep their Children un-baptized for thirty days . And by Act 7. that same Session , they enacted 〈◊〉 Fines on ●uch as absented from Church for three days together . Act 9. Sess. 3. They declared all Ordination since 1661. which had not been by Bishops , to be invalid . In 1678 , a Convention of States held by Lauderdale , laid on a Tax to levy Forces for suppressing Field-Meetings , which was afterwards continued by the Parliaments held by the Dukes of York and Queensberry . In 1681 , the D. of York being Commissioner , without taking the Oaths appointed by Law , and against Acts which rendred Papists incapable , they doubled the Fines for Field-Conventicles ; and ordered Gentlemen to put away their Tenants , and Masters of Families their Servants , or sub-Tenants , without Warning , if they went to Meetings . Act 18. They enacted , That all Jurisdiction doth so reside in his Majesty , that he may by Himself or Commissioners take Cognizance of , and decide any Cases or Causes which he pleased . Act 6 , and 25. They imposed on all a self-contradictory Test , which obliged them to stand by the Confession of Faith recorded in Parl. 1. Iac. 6. which disown'd the Supremacy , and own'd the Lawfulnes● of Defensive Arms , tho the contrary to both were sworn in the Test without so much as a non obstante . Parl. 1. Iac. 7. D. of Queensberry Commissioner , Act 3. allowing Prisoners indicted for High-Treason to be summon'd to make their Defence in 24 hours time . Act 4. That such as being cited for Witnesses in cases of Treason or Conventicles , and refused to depone , should be liable to be puni●hed as guilty of the ●ame Crimes . Act 5. That giving or taking the National , or Solemn League and Covenant , or owning them obligatory , should be High-Treason . Act 7. Making the Concealment of any Supply given to forfeited Persons , tho the nearest Relations , Treason . Act 8. That all who preach at House or Field-Conventicles , or such as hear at Field-Conventicles , should be punished by Death and Confiscation . Act 13. Re-injoining , and further extending the Imposition of the Test. Act 23. Making the refusing the Oath of Abjuration , High-Treason . Act 24. Ordering all Lords of Mannors , &c. to insert a Clause in all Leases to their Tenants , obliging them and their Families to Conformity under exorbitant Penalties . Act 25. Ordering the Cameronians to be pursued , and those who neglected it to be reputed equally guilty . Acts of Parliament by King William and Queen Mary against Episcopacy in Scotland . PArl. 1. W. M. They enacted the Oath of Allegiance thus . I , A. B. do sincerely promise and swear , that I will be faithful , and bear true Allegiance to their Majesties K. William and Q. Mary . Iuly 22 , 1689. Act against Prelacy , as a great and insupportable Grievance to the Nation . Sess. 2. Act 2. For restoring Presbyterian Ministers , ordering them to have immediate Access to their own Churches , if vacant , and to have the whole Year's Stipend ; but if there be an Incumbent in their Churches , he shall have right to the half Year's Stipend . Act 5. Ratifying the Confession of Faith and Presbyterian Government , as most agreeable to the Word of God , and most conducive to the Advancement of Piety and true Godliness , and establishing the Peace of the Realm , being received by the general Consent of the Nation to be the only Government in the 114 Act Iac. 6. Parl. 12. An. 1592. Setling the Government of the Church on Presbyterian Ministers outed since Ian. 1661. and such as they have received or shall receive . Taking notice that many of the Epis●opal Ministers had deserted their Flocks , and others were depriv'd for not reading the Proclamation , and not praying for the King and Queen . I●id . They authorize the Presbyterian Ministers to appoint Visitors , and purge out scandalous and in sufficient Ministers , and order those who are contumacious , and proven guilty , to be suspended and deprived . Act 14. Impowering the Council to tender the Oath of Allegiance to suspected Persons , or to secure them who shall be informed against on probable grounds , and to ●ine such as refuse in a fifth of their Estate , and not to exceed one or two Year's Rent of them who are Landed-Men . Act 17. About visiting Universities , appointing Professors in the Faculties to take the Oath of Allegiance , and submit to the Government of the Church . Act 35. Against such Ministers as being deprived for not praying for their Majesties , do preach and pray elsewhere , and diffuse the Poison of their Disaffection , forbidding them to exercise any part of their Ministerial Function on any pretence whatsoever , until they swear Allegiance , engage to pray for King William and Queen Mary , and disown King Iames ; or to be proceeded against as disaffected . Act 23. Concerning Patronages : The Freeholders and Elders of the Parish , being Protestants , are to have the 〈◊〉 of the Minister : if the Parish disapprove him , their Reasons are to be judged by the Presbytery ; and if the Freeholders and Elders do not apply to the Presbytery for calling and choosing a Minister in six Months , the full Power to be in the Presbytery , tanquam jure devoluto . And the same Act orders a Compensation to the Patrons for their Right of Presentation . Act 38. For securing their Majesties Government , obliging all Persons who in Law are obliged to swear , to own their Majesties as King and Queen de jure , as well as de facto , and defend their Title against King Iames , &c. the Refusers to be reputed disaffected , deprived of their Offices , and be obliged to give Security for their Good-Behaviour , as the Government shall think fit , providing it extend no further than Bond , Caution , or personal Imprisonment , securing of Horse , Arms , or putting Garisons in their Houses . There is also an Act , but what Number or Session I cannot tell , ( being where I cannot get a sight of the Acts ) abolishing the King's Supremacy in Ecclesiastical Affairs ; for which we are mightily reproached by our Enemies , who do not consider what has been writ unanswerably by Mr. Gillespy in his Aaron's Rod blossoming , and other Books , against it . I confess my self but a mee● Laick , and not skill'd in Controversies , having never made them my Study , any farther than to satisfy my self , that I did not give blind Obedience . But the Scripture telling us , that Christ is Head of his Church , and that other Foundations can no Man lay , than what is already laid on the Prophets and Apostles : and Common Reason must needs inform me , that for any Man , or Party of Men , to take upon them any other than a Declarative Power in Church-Matters , and that according to the Word of God , must needs be an invading of Christ's Prerogative . And seeing he himself declar'd , that his Kingdom is not of this World , that it should be govern'd by Worldly Monarchs , is humano capiti cervicem jungere equinam . And I cannot but wonder , that the Church of England ●s late Experience should not convince them of the Unreasonableness of this Doctrine : For I believe they were sensible under the late King , that a Popish Head was altogether inconsistent with the Safety of a Protestant Church . And I am confident the Christians in Turky never dream'd that the Grand Signior was the Head of the Christian Church : and this being a Demonstration that it cannot belong to the Chief Magistrate , as such , he can lay claim to it no other way . Especially , if we consider that the Church , as in Acts 15. did meet and declare the Mind of God in Church-Matters , without either the Call or Consent of the Heathen 〈…〉 and we have never yet had any Divine Revelation to recal it . Then as for abolishing Patronages , which occasions a further Clamour : It 's plain that the Parliament have made a very rational Act on that Head ; and it 's but equal that every one who has a Soul , and evidences any real Concern about it , should have a Vote in choosing his Minister , and not wholly rely on the Choice of a Patron , who perhaps is so wicked , that he takes no care of his own , and is very unfit to choose a Minister for the Souls of a whole Parish . And as for the other Acts , they are so plain , that any who will but take care to compare them with those of the late Reigns , if they be not blinded , as our Doctor was , with the Indecencies of Passion , we dare refer to them which are the most moderate ; or , whether the Scots Prelatists be not guilty of an audacious Lie , in asserting , that they are more severely treated than ever we were ? And I would pray the Reader to take this along with him ; That their Laws , tho barbarous to a Prodigy in themselves , were yet more barbarously put in Execution beyond their Extent : and that our Laws , tho moderate in themselves , are yet more moderately put in Execution . Yea , and besides those Acts of Parliament , their Council took upon them a Parliamentary Power , and made Acts more bloody than those of their Parliaments , enabling Souldiers to examine any Man they met , and to kill him without any further Trial , if he did not give them satisfying Answers to their Questions ; of which any that pleases may be fully satisfied in my first Answer . I had almost omitted taking notice of one remarkable thing which past in the Convention of States after the Revolution . They declared themselves a free and lawful Meeting , whatever might be contain'd in the Letter from Iames the VIIth to dissolve them , or impede their Procedure ; in which Archbishop Paterson and six other Bishops , and the Viscount of Dundee concurr'd . Now if this was not a manifest disowning of K. Iames's Authority , let any Man judg ; and yet these Men did afterwards exclaim against the Convention and Parliament as unlawfully called , because wanting K. Iames's Authority , and opposed K. William's coming to the Crown . So that it 's evident , our Scots Episcopalians are Men of the same Kidney with those Jacobite Bishops in England , who join'd in sending for the Prince of Orange , and yet afterwards turn'd his Enemies out of a pretended Loyalty to K. Iames. The Faction have lately drawn up and dispersed amongst their Friends a sort of Manifesto from those of the Episcopal Perswasion in the North of Scotland , full of Invectives against the Government , which , together with other Monuments of their Rebellious Temper , &c. against their present Majesties , may perhaps in a little 〈◊〉 see the Light. FINIS . Notes, typically marginal, from the original text Notes for div A57284-e180 a K. James's Proclamation . b Act of Supremacy . c Act for f●riot Confor●i●y . d By frequent making them Garisons . e Extorting your Thoughts by Torture , and then hanging you for them . 
A57287	----	Scotland's grievances relating to Darien &c., humbly offered to the consideration of the Parliament Ridpath, George, d. 1726. 1700 Approx. 159 KB of XML-encoded text transcribed from 30 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A57287 Wing R1464 ESTC R1580 08206501 ocm 08206501 41094 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57287) Transcribed from: (Early English Books Online ; image set 41094) Images scanned from microfilm: (Early English books, 1641-1700 ; 1238:10) Scotland's grievances relating to Darien &c., humbly offered to the consideration of the Parliament Ridpath, George, d. 1726. [1], 54 p. s.n.], [Edinburgh? : Printed 1700. Errata: p. [1] (1st grouping) Reproduction of original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Company of Scotland Trading to Africa and the Indies. Darien Scots' Colony, 1698-1700. Scotland -- Commercial policy. 2002-12 TCP Assigned for keying and markup 2003-01 SPi Global Keyed and coded from ProQuest page images 2003-02 Olivia Bottum Sampled and proofread 2003-02 Olivia Bottum Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion SCOTLAND's Grievances , Relating to DARIEN . &c. Humbly offered to the Consideration OF THE Parliament . Vos quibus potior est turpis cum securitate servitus , quam honesta cum periculo libertas , istam , quam magni estimatis , fortunam , amplectamini , Ego in Patria , saepe defensa liber & libens moriar : nec me prius ejus caritas quam vita relinquet . Vallas ad Brussium . Buchan . Hist. lib. 8 : Which for the benefit of those that don't understand Latin , is English'd thus . You who had rather like Cowards submit your Necks to a Yoke of Ignominious Slavery , than expose your selves to any Danger in asserting the Public Liberty ; Hugg that Fortune which you value so highly : For my part , I shall cheerfully Sacrifice my Life to die a Free-man in my Native Country , which I have so often Defended ▪ Nor will I cease to Love it , till I cease to Live : Wallace to Bruce , when he join'd with the English against his Country . Printed , 1700. ERRATA . OUr Nation being so Unhappy , that those who Write or Act against it are Rewarded and Carested ; whereas those that Write or Act for it , must do it at their Perril ▪ It is not to be wondred at , that many Faults should escape the Press in those few Sheets , when all must be done in Hurry and Fear . And therefore the Readers are not only desired to Pardon , but also to Amend the following Errata , before they peruse the Book , because they marr the Sense . Page Line     9 36 read the Claim   12 18 Councellors   16 36 for too late read truly 20 24 for Wrought wrote 21 37 prove pave — 44 care taken taken care 24 28 unequal equal 25 2 for made by by — 14 pact pack'd 26 26 for question mention 27 43 read the Government   28 24 read that Nation   32 9 read the Parliament   PART . I. SINCE our Nation bethought themselves of advancing their Trade , by the Act for establishing a Company Trading to Africa and the Indies , a greater Invasion hath been made upon our Sovereignty and Freedom , than hath happened at any time since we were ingloriously betray'd by Baliol. 'T were needless to offer Instances to prove this , had we not to do with a Sett of Men who having basely betray'd us , would willingly bereave us of our Senses , that we should neither perceive nor resent it . The Matters of Fact being notorious , we shall only mention them here with some short Reflections , and take them in order of time as follows . The Addresses of both Houses of Parliament in England against our Act above-mentioned , was such an Invasion , as to which it may be a proper Enquiry for our Parliament , Whether those Addresses were not Contriv'd and Promoted by some about the K. as the last Address of the House of Lords was ; and whether any Native of Scotland was concern'd in Contriving or Promoting the same ? In the next place it will appear . That the Parliament of Scotland has as much Right to signifie to the King by Address or otherwise , that the said Addresses were contrary to the Law of Nations , and an Intrenchment upon the Sovereignty of Scotland , as the English Parliament had to present the said Address to him against our Act. They that Advis'd the King's Answer to the said Address , are guilty of such an Invasion , as to which it would seem that the Parliament of Scotland have as much Right to Resolve , That whoever Advis'd His Majesty to the said Answer , had done as much as in them lay to create a misunderstanding betwixt him and his People of Scotland , as the Commons of England had to Resolve so upon His Majesty's Answer to their Resolves about the Irish Forfeitures . The Memorial given in to the Senate of Hamburgh , April 7th , 1697. against our Company 's making any Convention or Treaty with that City for Promoting our Commerce , was such an Invasion . This may certainly be a just Cause of Enquiry to the Parliament of Scotland , Whether the said Memorial was not a breach of the Law of Nations , since the King of England has no Right to take Cognizance of what is done by the Subjects of Scotland out of the Dominions of England . If the Faction say he did it as King of Scots , let them produce their Authority . In the next place they have Cause to enquire , whether the Assertion in that Memorial , that the Commissioners of our Company were no ways Authorized by His Majesty to make the said Treaties was not false ? And whether the said Memorial was not an actual Dispensing with , and acting contrary to the Law Establishing our Company , which Empowers them to Treat for , and to procure Exemptions and other Grants as may be convenient for Supporting , Promoting and Enlarging their Trade and Navigation from any Foreign Potentate or Prince whatsoever , in Amity with his Majesty . It would also seem to be a proper Enquiry for the Parliament of Scotland , Whether all the Dammages the Company has sustained by the said Memorial , and other Opposition made them by the Court , ought not to be made good out of the Estates of those who gave His Majesty those Advises , and that in order thereunto His Majesty be Address'd to know who they were , or else that he would be pleased to make good the said Dammages some other way ; for effecting of which he stands obliged by the said Act , to interpose his Authority upon the Publick Charge . Since in the Close of the said Memorial , His Majesty's Ministers threaten the Hamburghers with the Consequences of a breach of Friendship and good Correspondence with England , if they did not put a stop to the proceedings of our Commissioners in that City . This together with the before-mentioned Proceedings of the Parliament of England gives the Parliament of Scotland a more just ground to Address His Majesty to put a stop to those Intrenchments made by an English Faction ( for we don't charge it upon the whole Nation ) upon the Sovereignty and Freedom of Scotland , than the English Parliament had to Address His Majesty against our Act. It may also deserve the Enquiry of the Parliament of Scotland , Why the King of England's Ministers should dare to have call'd themselves Ministers to the King of Great Britain in that Memorial , which was in direct opposition to a Scots Act of Parliament and Letters Patents Granted by the King of Scotland : Since our Country is included in the Denomination of Great Britain , and that His Majesty , as King of Scots , neither did nor could give them any Authority to present that Memorial , This deserves their Enquiry so much the more , that by this means our own Authority and Name may always be made use of against our selves , as it was in this Case , if care be not taken to prevent it ; and besides , it may in future Ages be made use of as an Argument by the English Histor●●ns , to prove that the Scots were Subject to England , as their former Historians ignorantly made use of it as an Argument to prove the same thing , that some of their Kings were said to have Commanded over all Britain , by which no more was meant but that part of it which was Subject to the Romans , and secur'd against the Incursions of the Scots by Adrian's or Severus's Walls . That the Company 's Address of Iune 28th 1697. Complaining of that Memorial , and asserting like true Scotsmen their own Right , and those of the Nation against the Invasions of our Neighbours , should have no Answer from the King till the 2d day of August after , deserves also the Enquiry of our Parliament ; but much more that His Majesty's Promise according to the said Answer was never fulfilled ; nor a Declaration to Indemnifie the Hamburgers against the said Memorial Granted , by which the Company was so much injured , and the Independency of our Nation openly violated . Yet it 's still more to be wondred at , and deserves our Parliaments most serious Enquiry , Why after so many repeated Addresses from the Company , and one from the Parliament it self Iuly 22d 1698. our Nation should be so much contemned and injured , and the Authority of a Parliament which had been so kind to His Majesty , so much trampled upon and undervalued , that the said Memorial was so far from being recalled , that Mr Stevenson , the Company 's Agent acquaints them in his Letter of the 4th of October , That the English there did constantly say , the Company would never be Redress'd ; and in his of the 18th of October following , That he understood by Mr. Cresset the English Envoy to the Court of Lunenburgh , that if the Memorial were yet to be given in , it would have been done ; and that the said Cresset had Private Orders to act quite contrary to our Company 's Expectations . This was such a black piece of Treachery , and shews so much Contempt of our Nation , and such Rancour and Malice against it , that we cannot see how the Parliament can in Honour to themselves , and Honesty to the Kingdom which they represent , omit Addressing His Majesty to discover the Authors of such pernicious Councils , that they may be proceeded against according to the Law of Nations ; or at least to make a Resolve , That the Authors and Abettors of such Councils , if Scotsmen , are Traytors ; and if Foreigners , are Enemies to the Kingdom of Scotland ; and that the Company has a Right of Reprisal against them and their Supporters when discovered . This may perhaps seem too severe , for which we shall make no other Apology ; but if what followed upon the Company 's representing this Information to the Lord Seafield be duly considered , it will appear that our Nation has no reason to be much softer in the Matter , for by that it is evident that Mr. Stevenson's Information was but too too true , and that the same wicked Counsellors who had advised that Opposition , still o●tain'd the Ascendant : What else is the meaning of the Lord S — s trifling Answer upon the receipt of the Company 's Letter with Mr. Stevenson's inclos'd ; could any Man think that a sufficient Answer , that he could not as yet expect an opportunity of representing the Matter to the King , because he was so very much employ'd in the Affairs of his English Parliament : Had his Lordship forgot that he himself , as President of the Parliament of Scotland , had Sign'd their Address to his Majesty to have this very Grievance removed , and did his Lordship think the Parliament of Scotland so very contemprible ; that an Affair of theirs might not find room amongst the Affairs of the Parliament of England ? Did his Lordship never know his Majesty go a Hunting all that Season , and could not he have prevailed with him to have allowed a Hunting day or two , to consider of an Affair wherein the Parliament of the Scotland was so much concerned ? What pity 't is his Lordship should not give our Parliament an Account whether this Answer was made by himself , or put in his Mouth by somebody else to paum a new delay upon our Company . The Contempt put upon our Nation in this Affair is further demonstrable , from that continual Series of trifling with the Company , and their having no other answer to those important Letters of theirs abovementioned ( tho they wrote another to Seafield to put him in mind of them , da●ed Ianuary 13 th ) till the 7 th of February following ; and then he sends to them , that he was commanded by His Majesty to let them know that there being Accounts that the Ships belonging to the Company were arriv'd upon the Coast of America , and the particular Design not being communicated to His Majesty , he therefore delays giving answer , till he receive certain Information of their Settlement . Whoever advis'd His Majesty to deal thus by our Company took as little care of his Honour , as they did of our Welfare : Such evasive and disingenuous Answers in a private Person would have been call'd by very hard Names : What Consistency is there betwixt this Answer and the Promise , made by the two Secretaries , the 2 d Day of August , 1697 ? That he would order his Ministers at Hamburgh and Lunenburgh not to make use of his Name and Authority for obstructing our Company in the prosecution of their Trade with the Inhabitants ' of that City . This Promise was absolute , and the Court stands now charg'd by Mr. Crescet , with giving private Instructions contrary to this , and other publick Promises ; yet tho His Majesty's Honour , and the Interest of Scotland be so much concern'd , that the Scandal should be wip'd off by a speedy and punctual performance of his Promise , here 's a new delay put upon the Company , and a Promise which was absolute before , now made conditional a Year and an half after , and before they are to expect an answer whether it shall be fulfil'd or not : His Majesty requires certain Information of the Collonie's Settlement , as if those pernicious Counsellours , who advis'd to this Conduct could think this sufficient to absolve His Majesty from a Promise he had made so long before , to take off the stop he had put to their Subscriptions at Hamburgh . But that the pernicious Counsellours design'd this only as an amusement and delay without any design that our Grievances should be redress'd , will appear by the Sequel : For after the Company had acquainted His Majesty with the Settlement of their Colony in the Terms of his own Act of Parliament , and that a very Loyal and Pertinent Address was also presented to His Majesty from the Colony it self ; yet this Interdict laid upon our Subscriptions at Hamburgh was never taken off to this Day , tho the Company did again press it in their Letter to His Majesty ; with an Account of their Colony's Settlement : nor had they ever any Redress for Capt. Long , of the Rupert Prizes , traducing their Colony as a Company of Rogues , Vagabonds , and broken Officers , without any Commission from the King , and that His Majesty would not own them ; all which makes it evident that there was nothing of Sincerity in the Conduct of those who were His Majesty's Counsellours , as to the Affairs of our Company . This will still be further evident from the Proclamations publish'd against our Colony in Iamaica , Barbadoes , and New England , which were not only treacherous to the highest degree , but such an Invasion upon the Sovereignty and Independency of our Nation , as ought not to be pass'd over by our Parliament without a Protestation against them , and a strict enquiry after the Authors and Advisers of them . That they are full of Treachery and Malice against our Country , is plain from their being emitted ( as appears by their Dates ) before ever any Complaint was made against us by the Spaniards , before we were heard what we could say in our own defence ; and at the same time whilst our Lord President and Advocat were sent for from Scotland , to hear what they could say in Justification of our Colony's Settlement . The Treachery is also plainly demonstrable , because the said Proclamations were publish'd without consulting the Council of Scotland , and that they were contrary to the solemn Promises , made by the Commissioners and Presidents in our Parliaments from time to time ; wherein His Majesty promis'd to encourage and protect our Trade , of which those Proclamations are utterly subversive . If it be objected that His Majesty was obliged to publish those Proclamations out of regard to the English Nation and His Foreign Allies . We answer that his Majesty by his Coronation Oath as King of Scotland , is oblig'd to govern us by our own Laws , and not by any Consideration of Foreign Interests ; but admitting that he ought in this Case to have giv'n the preference to the English Nation , and his Foreign Allies : It will by no means acquit the pernicious Counsellors of Treachery towards us , since the least they could have advis'd in this case was , that we should have had notice of such Proclamations before-hand , that we might have been upon our Guard , and have done what we could to have prevented our Colonies being frightened or starved from Darien ; the omitting of which alone , had there been nothing of an actual concurrence to destroy us , makes those Counsellors chargeable with the Blood of our Men , the Loss of our Treasure , and the Disappointment of the just Expectation we had from that Expedition . That the publishing of those Proclamations was an unsufferable Intrenchment upon the Sovereignty and Independency of our Nation is undeniable , since thereby the King of England takes upon himself to condemn the Subjects of Scotland as Invaders of the Dominions of Spain , and thereupon forbids his English Subjects to have any Correspondence with them , or to supply them with any Necessaries , which by the Law of Nations must be interpreted an Act of Hostility , when done by one Nation to another . That this being done by the King of England is an Invasion upon the Sovereignty of Scotland , is evident , because he hath no right neither as a Liege-Sovereign , nor Conqueror to judge of our Actions . If he did it as King of Scots , then it concerns our Parliament to enquire by what Law he could do it without their Consent , or what Scotsmen advis'd him so to do , and whether it be true what Mr. Vernon said , That it was done with the Lord S — 's Privacy and Consent . That the emitting of those Proclamations was a deliberate Action of the pernicious Counsellors , and full of Malice and Treachery against the Kingdom of Scotland appears further . from the publishing a Second Proclamation , Sept. 5. 1699 , at Barbadoes , against entertaining any Correspondence with the Scots at Darien , tho the Lord President and Advocate had so long before given in sufficient ▪ Reasons to justify our Settlement . This will appear yet more plainly if the Tenor of that Proclamation be considered , which is not so positive as that at Iamaica in condemning our Settlement at Darien , as contrary to the Peace with his Majesty's Al●ies , but is express'd doubtfully ; Lest the same should derogate from the Treaties His Majesty hath entered into with the Crown of Spain , or be otherwise prejudicial to any of His Majesty's Colonies in the West-Indies . Whence it is evident that we have a positive Injury done us , tho the Court could not be positive , but only suppo●'d that our Settlement might derogate from his Majesties Treaties with Spain , or be prejudicial to his Majesties Colonies in the West-Indies . The Authors of this Proclamation knew well enough the state of our Colony's Provisions , and how fatal those Proclamations would be to them ; and therefore no Art can palliate their Malice and Treachery . That the said Proclamations were emitted with a design to ruin our Colony is demonstrable from this , That tho our Company upon the dismal News of its Disaster , did in a very dutiful manner petition his Majesty , put him in mind of the several Acts of Parliament , and his Letters Patent , authorising the Natives of this Kingdom to settle Plantations in Asia , Africa and America ; upon the Faith and Encouragement of which they form'd themselves into a Company , and had made a Settlement at Darien , precisely according to the Terms of the said Acts and Letters Patent ; at the same time informing him , That they had too much reason to believe that the said Proclamations had been of fatal Consequence to our Company and Colony ; desiring that the effect of the Proclamations might be taken off , and that they might be supplied from the English Plantations in the ordinary way of Commerce . Yet notwithstanding all this Application they had a meer trifling Answer returned them , and Couch'd in such Ambiguous Terms as might leave room for farther trifling , viz. That we should have the same freedom of Trade and Commerce with the English Plantations as ever we had formerly ; which was just none at all . So that this was nothing but a meer Evasion , and no direct Answer to our Companies necessary and reasonable Petition . Certainly it concerns our Parliament to enquire who were the Authors of this scandalous Breach of Publick Laws , upon the Faith of which our Country ventur'd so much to Sea , and by the violation of which in such a manner the Sovereignty of our Nation is trampled under foot , and we have lost so much Blood and Treasure . The Malice of these pernicious Counsellours against our Country and Colony , is further display'd by their doing all that 's possible ●o preclude us from having our Grievances redressed ; we have in vain Petitioned the Court ever since the last Sessions of Parliament , and therefore had no way left us but to Petition that the Parliament may meet again at the day appointed in November next , that His Majesty may have the Advice and Assistance of the Great Council of this Nation , in such a Weigh●y and General Concern . This those blessed Counsellours are so far from thinking fit to be Granted , that they Advise His Majesty to Adjourn our Parliament further till the 5th of March following ; just when they heard this Petition was coming up ; and at the same time we are told , that His Majesty will Order the Parliament to meet when he judg'd the Good of the Nation did require it ; as if any could be better Judges than the Nation it self which groan'd under Oppressions , and knew no other way of being delivered from them ; or as if the Advice of the Council General of our Company , wherein the Flower of our Nobility and Gentry , and a great number of the Members of our Parliament are included , were not more proper to give His Majesty Advice in this matter , than an English and Dutch Faction mixt with some Scotchmen who have so little Interest in their Country or Affection to it , as to betray it for Bread , or the Favour of the Court. Thus the Honour and Interest of our Country are still trampled upon . Tho those continued Slights and Marks of Contempt were enough to have wearied our Company out , and might justly have provok'd the Nation to have taken other Measures ; yet the Company out of their Zeal to the publick Welfare , continue their Applications to His Majesty , and send up an Address to him by the Lord Basil Hamilton ; wherein they acquaint His Majesty , that Capt. Pincarton , Commander of their Ship the Dolphin , being forc'd ashoar under the Walls of Carthagena ; to avoid Shipwrack was with all his Company ; some of them Gentlemen , belonging to the best Families of the Nation detain'd Prisoners , and inhumanly us'd , contrary to the Treaties betwixt the Crowns of Spain and Great Britain , that the Colony had in the Name of His Majesty and the Company sent to demand them ; but instead of having it granted , their Messenger was threatned to be put in Chains , and not allow'd to see any of the said Prisoners ; and therefore they thought themselves bound in Duty and Conscience to lay their deplorable Case before His Majesty , and for that end commissioned the Lord Basil Hamilton , one of their Number , to present their Address to His Majesty , and to give him a further account of their other Affairs , not doubting but His Majesty would take speedy and effectual measures for redressing their Dammage , and obtaining the Freedom of those distressed Prisoners . Tho this Address , and the Calamities which our Nation at home , and Colony abroad labour'd under , might one would have thought force Compassion , and speedy Relief from the Breast of generous Enemy ; yet such is the continued prevalency of the per●icious Counsellours , that the accepting of this Address is put off ; and by consequence the Redress of our Grievances , and the Relief of those wretched Gentlemen , and others delay'd , on a trifling and frivolous pretext , that the Lord Basil Hamilton had not waited upon His Majesty , when formerly at London , had never since given any publick Evidence of his Loyalty , nor acknowledg'd His Majesty's Government . This was above a month after the Address was sign'd , and must needs be taken , as the Company themselves rightly understood it to be a signification of His Majesty's Displeasure at the Commission it self , which my Lord Basil brought up : There being no Prince in Europe , but would with open Arms embrace a Subject of my Lord Basil Hamilton's Quality and Character , upon his return to his Duty , and presenting an Address that own'd His Majesty's Title and Government ( if he had ever acted against it ) but much more a Person of his high Birth and merit who was never charged with any thing inconsistent with the Duty of a Loyal and Peaceable Subject . It would seem then to be incumbent upon the Parliament of Scotland , to enquire who they were that Advised His Majesty to delay his Endeavours , which by Law he was obliged to exert , for obtaining the Liberty of Capt. Pinearton and his Company , and the restitution of his Ship and Goods , though the Company had never Addressed him upon that Head : It would , we say , seem to be incumbent upon the Parliament to enquire who it was that Advised to the dispensing with a positive Law , because the Commissioner who presented that Address , had neglected a Ceremony which he was by no Law obliged to perform . If the Nation of Scotland is become so contemptible that its Rights must be neglected ; and if the Blood of our Illustrious Nobility and Gallant Gentry be now so vile that the omission of a meer Ceremony is thought sufficient cause to connive at Hostilities committed upon our People , and to suffer Gentlemen related to the best Families of the Kingdom to perish in Infamous Slavery ; It 's in vain for us to pretend to be a Free Nation : If we cannot have such Injuries redress'd , we had as good send our Coronation Oath and Claim of Right to His Majesty of England in a Present , and tell him , that henceforward we will become his most obedient Slaves and Vassals , and will hang our selves whenever he shall be Graciously pleased to send us a Letter and Bow-string for that end . Some we know will object that His Majesty did not refuse to to receive the Petition , though he would not allow my Lord Basil to Present it , and promised to receive Information of what is demanded from his Secretaries ; and if my Lord Basil would give in in Writing to them what he had to represent , His Majesty would give his Answer to the Company . To which we can readily answer , That this is the direct Path to the Tyranny of the late Reigns , which o●dered that no Petition should be presented to the King but by his Council : If His Majesty must appoint who shall deliver the Petition , it 's all one as if he should dictate the Petition too . We would wish the Pernicious Counsellors to consider how they will reconcile this to that Claim of Right , and what an Answer they will be able to give out Parliament , if they think fit to tell them , that His Majesty's beloved Secretary had formerly neglected delivering the Companies Petitions , on pre●ence that he had not an opportunity of doing it , because His Majesty was so much taken up with the Affairs of his English Parliament ; and therefore they had no reason to entrust him with any more Petitions . Besides , it is visible that this delay proceeded meerly from a design to ruin our Company entirely : It was known to the World how much they suffered in their Reputation and Interest , by the disaster of their Colony , which nothing in probability could retrieve , without the Countenance and Concurrence of His Majesty and Parliament ; this the Enemies of our Nation were sensible of , and therefore take such measures as procure us all possible marks of His Majesty's Displeasure , and an obstinate refusal of a Parliament . By this Opposition they had little reason to doubt , that we should be so baulked in the Prosecution of our American design , as utterly to abandon it : When we saw the Court resolved to thwart us in every thing relating to it , and so unmerciful as to delay procuring the Liberty of so many Gentlemen that were detained Prisoners , and cruelly used contrary to the Laws of Nations . From all which it necessarily results , that it's incumbent upon the Parliament of Scotland to enter a Protest against this continued Violation of their Laws and Authority , and to enquire who they are that gave His Majesty such Council that they may be punished according to Demerit . We come next to consider his Majesty's Answer to the Contents of the Address brought up by my Lord Basil Hamilton , viz. That he was resolved in the Terms of the Treaty , to demand that Capt. Pincart●n and those of his Crew who are detained Prisoners at Carthagena be released and set at liberty . That the Subjects of Scotland shall be allowed the same liberty of Trade that others enjoy with the English Plantations ; that it was his Resolution to Promote and Advance the Trade of the Kingdom : And the three Frigats they demand , having been given by Parliament for Guarding the Trade of the Coasts , he was not resolved to dispose of them till he had the Advise of his Parliament . By this His Majesty owns that Capt. Pincarton and his Crew were detained Prisoners by the Spaniards contrary to the Treaty . Then what can his Counsellors in Scots Affairs say for their not having Advised His Majesty to demand him sooner , especially since he was obliged to it by the Act Establishing our Company ; had the Zeal of those Counsellors who pretend to be concerned for the Wellfare and Honour of our Nation ; been equal to the malice of those that Advised His Majesty to issue Proclamations against our Colony in the West Indies , before he knew whether we had done any thing in contravention to his Treaties with Spain or not , they would certainly have put him upon demanding Satisfaction sooner for a manifest breach of those Treaties . This we conceive deserves also the Consideration of our Parliament . In the next place , by His Majesty's Promise that we should have the same Liberty of Trade that others enjoy with the English Plantations . It is owned by the Advisers of it , that it was in His Majesty's Power so to do ; and that he might lawfully do so , which is a plain Con●ession that we had acted nothing contrary to his Treaties with Spain , nor to the detriment of his English Plantations , and that the former Prohibition was the Act and Deed of those Pernicious Counsellors ; for had it been contrary to the Laws of England , or Treaties betwixt the Crown of Great Britain and Spain , that our Colonies should be supplied with Provisions , &c. from the English Plantations , it had not been in His Majesty's Power to dispence with it now . The matter then being so , it concerns the Parliament of Scotland to enquire who they were , and upon what motives they Advised His Majesty to emit those Proclamations against supplying our Colony with Provisions , &c. Since it was settled in the precise Terms of the Act of his Scots Parliament , and his own Letters Patent ; and that our Colony had done nothing contrary to his Treaties with Spain , or to the Interest of his English Plantations : At the same time it may be proper for them to enquire why Capt. Pincarton and his Company , as also the Ship and Goods , are not restored all this while ! And whether the promise of demanding them from Spain hath not been as ill performed as was that of recalling the Memorial at Hamburgh . As to His Majesty's Promise of our having the same Liberty of Trade to the English Plantations as others have , it is worth the while to observe the management of the Pernicious Counsellors in this point . It would seem they were sensible that His Majesty's Promise , if performed , might be of advantage to our Colony , and would make shew to the World , that he really Countenanced our Undertaking , and by consequence oblige those that oppose us to greater Precautions ; and therefore though this Promise was made us to calm the Spirits of our People , whom they knew to be in a general Ferment , they were resolved it should never be performed ; but how to bring His Majesty handsomly off , was their next Enquiry . This they found a method to do , by endeavouring to have the Parliament of England approve what his Majesty had done against our Company and Colony , and they thought no doubt , that His Majesty would be sufficiently absolved , and the mouths of our Nation for ever stopped , as having neither Courage nor Power to call the Kingdom of England to an Account . This was in vain attempted upon the House of Commons , but carried at last in the House of Lords , viis & modis , yet not without a Pro●estation against it , and several sharp Speeches inveighing against the Courtiers who had promised that very thing to the Scots , against which they were then soliciting the House to Address His Majesty . The Address it self we shall view anon , after some further Considerations on His Majesty's Promise to our Company , as to the three Friga●s they demanded , which , he says , Because they were given by the Parliament for Guarding the Trade of the Coasts , he is resolved not to dispose of till he have the Advice of our Parliament . It is certainly an essential part of our Constitution , for a King of Scots to Advise with his Parliament ; Why then was not the Parliament summoned to meet speedily at the Companies desire , since the Honour and Interest of our Kingdom required it ? And we would willingly know of those that Advise His Majesty in Scots Affairs , whether they think the Parliament meant those Ships ▪ when the Peace had rendred the Guarding our Coasts unnecessary , should have been denied for Guarding the Trade of the Nation , and the Coasts of our new Settlement at Caledonia . And in the next place we would willingly know of them why the Granting of this necessary demand should be deferred till the Parliament can be Advised with concerning it , since the Granting of it in all common Interpretation , must be supposed to be according to their Act , and why their Advice was not also staid for or desired , before the emitting the Proclamations against our Colony in the West Indies ? This is certainly worth our Parliaments enquiring into . For 't is not to be supposed that they entrust our Kings to do whatever Pernicious Councils Advise them to , against the Interest of the Nation , and only to delay doing what is visibly for its Advantage , till they have the consent of Parliament : Upon the whole it is demonstrable beyond contradiction , that they who have His Majesty's Ear as to Scots Affairs , and by whose Advice he has Governed himself as to our Kingdom , designed no good to our Company , Colony , or Country , otherwise such reasonable Requests as they have from time to time desired of His Majesty , could not have been refused as they have constantly been , in manifest violation of our Laws , and to the irreparable Disgrace of our Nation . This will appear convincingly to those that consider the Proclamation issued in Scotland by His Majesty's Order , against carrying on a Na●ional Petition for a Parliament in order to redress our Grievances as to Darien , &c. The frivolous pretext of the Pernicious Counsellors , that the same was promoted by Persons who had given no proofs of their Affections to the Government ; and that they endeavoured to charge the miscarriage of the Darien Colony , upon Proclamations published against their having any Supplys from the English West Indies , whereas it was chargeable upon other Causes ; this frivolous pretext we say is so very thin , that it may easily be seen through , and was contrived on purpose to draw a Vail over the manifest Injustice of this Proclamation , so diametrically opposite to the Claim of Right , on which His Majesty accepted the Crown , wherein it is expresly declared , That it is the Right of the Subject to Petition the King , and that all Prosecutions and Imprisonments for such Petitioning , are and were contrary to Law. Here is no exception made of Subjects that have not given proofs of their Affection to the Government . It is sufficient if they be Subjects , to certainly Petitioning in it self infers an owning of the Government ; but admit it were so that the said Petition was promoted by such , must the whole Nation when injured in its Honour and Interest , be denied the liberty of Petitioning for a Redress of their Grievances , because Persons that are not well Affected to the Government , when they suffer in the common loss of their Country , and likewise in their own personal Property are willing to concur with them , and to promote such a Petition ? This is Doctrine fit for Turky , or for France ; and indeed not digestable there , much less to be obtruded upon us . But the Truth of the matter is this , the mischeivous Counsellors were not willing the Nation should be acquainted with the Treatment they had met with by their means , and therefore did not care to hear of a National Application for a Redress . But did those Gentlemen think we would take their word for it , that the miscarriage of our Colony was not chargeable upon their West-India Proclamations , since they know they never yet suffered his Majesty to keep his word to us , as is but too too evident from the Hamburgh Memorial , the said Proclamations , and other steps of opposition made to our Company contrary to express Law ? Was it not but reasonable then , that we should desire a Parliament to enquire into the Matter , and examine whether the Company 's Charge be true or false ? Or when the Practises of pernicious Counsellors gives the Country just cause to complain of Grievances , must they not petition for a Redress , because some ill men may perhaps improve it against the Government ? We hope our Parliament will think it worth their while to enquire , whether they that gave the occasion for such a Petition , or those that make such a Petition be most culpable . Ay , but says the Faction , such petitioning is an invasion of his Majesties Prerogative , it being he only who is to call a Parliament . To which we answer , that the Claim of Right sets bounds to his Prerogative beyond which he is not to go , since upon those Terms he accepted our Crown ; and that Claim having reserv'd to the Subject the Right of petitioning , the denial of it is an Invasion of their Property . And besides , tho his Majesty only is to call a Parliament , it 's not left absolutely or solely at his Disposal when . By the Claim of Right he is obliged for the redress of Grievances to call them frequently , and to allow them to sit . So that the denying of the Parliaments meeting , and adjourning them from time to time , as in the present Case , when the whole Nation complains of their Grievances in relation to their Colony , is another manifest infraction upon the Claim of Right , which our Parliament is concern'd to enquire into the Authors of , that they may be punish'd ; otherwise our Claim of Right will by degrees come to be of no more use to us than an Almanack out of date . We come now to the Address of the House of Lords in England , concerning our Colony at Darien , which we think convenient to insert here at large . London , February 13th . Yesterday His Majesty received the following Address from the House of Lords . WE the Lords Spiritual and Temporal in Parliament Assembled , being according to our duty solicitous for the preservation and Encrease of the Trade of this Kingdom , on which the Support of your Majesties Greatness and Honour so much depends , as well as the Security and Defence of your People , have been very apprehensive , that the steps lately made towards a Settlement of your Subjects of the Kingdom of Scotland at Darien , may tend to the great preiudice of this Nation , and possibly to the disturbance of that Peace and good Correspondence with the Crown of Spain , which we conceive is very advantagious to us all : VVe have therefore taken the same into our serious consideration , as a matter of the greatest Importance , and proper to be laid before your Majesty , as the Common Father of both Countries . And as we are truly sensible of great Losses our Neighbour Kingdom hath sustained , both by Men and Treasure , in their Expeditions to that place , which we very heartily lament , so we should not endeavour by any Interposition of Ours , to defeat the Hopes they may still entertain of recovering those Losses by their further engaging in that design , but that we judge such a Prosecution on their parts must end not only in far greater Disapointments to themselves , but at the same time prove very inconvenient to the Trade , and quiet of this Kingdom . On this occasion we humbly presume to put your Majesty in mind of the Address of both Houses of Parliament , presented to Your Majesty on the 17th of December 1695. In the close of which Address Your Majesty will see the unanimous Sense of this Kingdom in relation to any Settlement the SCOTS might make in the West-Indies , by virtue of an Act of Parliament past about that time in the Kingdom of Scotland , which was the occasion of the said Address . And we humbly represent to Your Majesty , that having received Information of some Orders Your Majesty had sent to the Governours of the Plantations on this Subject , the House did , on the 18th of January last , come to this Resolution , That Your Majesty's Pleasure signified to the Governours of the Plantations , in Relation to the Scotch Settlement at DARIEN , was agreeable to the Address of both Houses of Parliament , presented to Your Majesty on the 17th of December 1695. And on the 8th of this Instant February , this House came to this further Resolution , that the Settlement of the Scots Colony at DARIEN is inconsistent with the Good of the Plantation Trade of this Kingdom . All which we humbly hope Your Majesty will take into your Royal Consideration , and we are confident that Your Majesty cannot be thought too partial to the Address of this House , if Your Majesty shall in the first place consider the Advantage and Good of this Trade of this Kingdom , by the Preservation and Improvement of which , both these Kingdoms , and all your other Dominions , must on all occasions principally be defended . If this Address be not a manifest Invasion of our Sovereignty and Independency never any thing was ; and therefore 't is to be hop'd our Parliament , against whose Act they have so expresly declared themselves , will protest against this Address , and declare it to be an invasion of our Freedom , and such an interposition in our Affairs as is inconsistent with the Sovereignty and Independency of Scotland . We have already taken notice that this Address was the procurement of the Court , which shews how fraudulently the pernicious Counsellors have all along acted with us , and what our Nation is to expect so long as we are governed by such Advice : But to come to the Address it self . It is evident that the natural Tendency of it is to render our Kingdom subject to that of England , and a plain Declaration against our Settlement at Darien , or any place in the West-Ind●es . It is also plain from this Address , that they presented it on purpose to defeat the hopes that we might still entertain of recovering our Losses , by further engaging in that Design ; and that they have taken upon themselves the Loss of the Blood and Treasure which we have sustained in the West-Indies , by declaring that his Majesties Pleasure , signified to the Governours of the Plantations in relation to our Settlement at Darien , was agreeable to the Address of both Houses of Parliament , of the 17 th of December , 1695. It 's observable also , that by this Address the Lords take upon them to say the Commons are of the same mind with themselves ; which since the Commons seem to comply with by their silence , wants very little of a formal Declaration of both Houses against our trading either in the East or West-Indies . It is also evident from this Address , that they demand his Majesty should prefer the Advantage of their Trade to ours ; from all which together its demonstrable , that they have no more to do but to alledge any branch of our Trade they please to be inconsistent with and disadvantagious to theirs , and so may at last deprive us of our whole Trade ; since those who are his Majesties Counsellors in our Affairs think it sufficient it seems to absolve him from his Coronation Oath to us , or any other Obligation he is under to govern us according to our own Laws , if what he does against our Interest and Honour be but agreeable to the mind of his Parliament of England . These things make it evident beyond Contradiction , that except some speedy redress be had , Not only our Company but all other individual Merchants of this Kingdom , must from henceforward conclude that all their Rights and Freedom of Trade are and may be further violently wrested out of our Hands by our Neighbours : As our Company well express'd it in their Address to his Majesty , Iune 28 th . 1697. By those barefac'd and avow'd methods , the Conjecture of our Company , in their Address to the Council of Scotland of December 22 d 1697 , hath been also too much verified , viz. That if effectual means were not taken for putting an early stop to such an open and violent Infringement of so solemn a Constitution , its hard to guess how far it may in after-ages be made use of as a Precedent , for invading and overthrowing even the very fundamental Rights , natural Liberties , and indisputable Independency of this Kingdom , which by the now open and frequent Practises of our unkind Neighbours seem to be too shrewdly pointed at , and give cause of Apprehensions and Jealousies , not only to our Company in particular , but even to the whole Body of the Nation in geneneral . It is no less evident , by those proceedings that the Authority and Credit of our Parliament is struck at through our Companies Sides : As the Company likewise truly express'd it , in their Address to the Parliament , Iuly 22 d , 1698. And from this Address they may as well foresee that they are to expect all the opposition from the Faction that can be , as they formerly predicted , but too late in their Address to the Parliament — That their Enemies would either directly or indirectly pursue their Designs of ruining all their Measures . For we may assure our selves that those Persons about his Majesty , who were so officious to procure Proclamations against our Colony ( when there was no such Address to countenance their Proceedings ) will not be wanting to press his Majesty to oppose us to the utmost , since they have been at so much pains to procure this Address , tho at the expence of His Majesty's Reputation , who had promis'd us the contrary : This is but too evident from the Advices we have already receiv'd , that the Captain of the Sloope who brought 2 of our Colony from Darien to Iamaica , since our repossessing our selves of it , was imprison'd there , and his Vessel seiz'd on that Account . We come next to the Causes they assign for this Address , viz. That our Settlement may occasion a breach of the Peace betwixt them and Spain , and be prejudicial to their Plantation-Trade . The first they have no Cause to fear , since there is no offensive and defensive League 'twixt us and England , that we are a distinct and independent Nation , and that they have sufficiently declar'd their opposition to our Settlement , to the loss of our Blood and Treasure ; the second is frivolous and against the Law of Nations , since every free and independent Kingdom has a right to seek their own advantage without any regard to the Interest of another , as much as two Freemen of the same Employment have a right to set up a Shop in the same Street , or next Door to one another , if they find their account in it . If it were otherwise , the English have as much right to oppose the old French Settlements in the West-Indies , and their new one at Mississipi , as they have to oppose ours ; so that their proceedings against us in this matter is a piece of the black●st Injustice that one Nation can be guilty of towards another : And we wonder very much at it , since some of their Council of Trade , who are amongst the Chief of those that advise to this way of proceeding against us , seem to place all their hopes of Heaven upon Justice 'twixt Man and Man , and yet seem to have no sense of Justice betwixt Nation and Nation , We come next to consider His Majesties Answer . His Majesties most Gracious Answer to the Address , was to this Effect , Viz. HIS Majesty having received a very dutiful Address from the House of Peers , in relation to the Endeavours lately used by some of his Majesties Subjects of the Kingdom of Scotland towards making a Settlement at DARIEN , in which they humbly represent to him their Opinion , that such a Settlement is inconsistent with the good of the Plantation-Trade of this Kingdom : Is pleased to let the House know , That he will always have a very great regard to their Opinion ; And to assure them , that he will never be wanting by all proper means ▪ to promote the Advantage and Good of the Trade of England . At the same time His Majesty is pleased to Declare , that he cannot but have a great Concern and Tenderness for his Kingdom of Scotland , and a desire to advance their Well-fare and Prosperity , and is very sensibly touched with the loss His Subjects of that Kingdom have sustained by their late unhappy Expeditions , in order to a Settlement at DARIEN . His Majesty does apprehend that difficulties may too often arise with respect to the different Interest of Trade , between his two Kingdoms , unless some way be found out to unite them more nearly and compleatly : And therefore His Majesty takes this opportunity of putting the House of Peers in mind of what he recommended to his Parliament , soon after his Accession to the Throne , That they would consider of an Vnion between the two Kingdoms . His Majesty is of opinion , That nothing would more contribute to the security and happiness of both Kingdoms ; and is inclined to hope , that after they have lived near 100 years under the same Head , some happy Expedient may be found for making them one People , in case a Treaty were set on Foot for that purpose ; And therefore he does very earnestly recommend this Matter to the Consideration of the House . This Answer is indeed something more like the Answer of a King of Scots , than that to the Address of both Houses , of the 17 th of December 1695. Yet the m●nagement of our Friends , his Majesties Counsellors in Scots Affairs , is still obvious to our view , in this Answer ; the transports of Joy they were filled with upon the receipt of the Lords Address , discovers it self by visible Ebullitions in the very first Line . His Majesty having received a VERY DVTIFVL ADDRESS . What pity 't was that new Patents of Honour were not sent to every one of those Lords that were for this Dutiful Address . But when it comes to be weighed in a Scots Ballance it appears to be undutiful to the highest degree . 1. Because they take upon them to advise his Majesty to act contrary to what he had promised to the Scots . And , 2. Because instead of owning him as an independent Sovereign of Scotland , they treat him like their Vassal , as he is King of Scots , by pretending to direct him in the Affairs of our Nation , where they have nothing to do ; and that also in opposition to the Sentiments of the Parliament of Scotland , who must rationally be suppos'd to understand the Interest of our Nation better , and to consult it more , than they either can or will do . Certainly they must have a very mean Opinion of the Wisdom of our Nation , if they think we can be gull'd with their pretending to be sorry for our great loss of Men and Treasure ; when at the same time , they charge themselves with advising to those measures which occasioned the loss of both , and indirectly threaten us ( for we cannot interpret it otherwise ) WITH FAR GREATER DISAPPOINTMENTS IN THE PROSECVTION OF OVR DESIGN : for justification of which they have already form'd their Declaration , viz. That our Settlement at Darien is greatly prejudicial to their Nation , and disturbs their Peace with Spain ; when all this while the Spaniards have never offered to make the least Reprizal upon them for it , whereas they have committed actual Hostilities upon us . His Majesty's declaring that he cannot but have a great Concern and Tenderness for his Kingdom of Scotland , and a desire to advance our Welfare and Prosperity , discovers a Paternal Affection to us ; but considering how he is circumstantiate , is like to be of as little use to our Nation , as the Affection of a Natural Father to his own Children , for whom he dares not do any good Office , because of a cursed ill-natured Step-mother , that has him at command : Thus His Majesty was graciously pleased to grant us an Act for Encouraging and Promoting our Trade , but by the Malice of our Enemies , who have him in their Hands , was forced to Counteract it : Thus he has been pleased again to promise our Colony the same Liberty of Trade that others have to the English Plantations , but must be forced to recal his Word , or at least to be worse than his Promise , because he is told that the Sense of both his Houses of Parliament in England is against it . To these straights those pernicious Counsellors have reduced His Majesty ; for though the Faction will promise to support him in a●ting contrary to Law , and his Coronation Oath , against us ; yet they will not suffer him to do any thing against what they are pleased to call the Interest of England , but he is in danger of being Lop'd off or Abdicated . They will not allow us to complain of our Kings when misled by Ill Council , or to say that by our Ancient Constitution , they were accountable to their Parliaments for Male-administration , but strait they will burn our Books as False , Scandalous , and Trayterous ; yet they themselves fly in the Face of their Prince every day , suffer his Administration to be tamely Libelled , and his Person reflected on , in all their Pampblets against a standing Army ; they will tell him to his Face , that they who advised him to the Irish Grants , had not consulted his Honour — And that they who advised him to such and such Answers , had done as much as in them lay to create a misunderstanding betwixt him and his People . If we quote our Historians , or Laws , for asserting that the Supreme Power of our Government risided formerly in the State● , who could dispose of the Lives and Fortunes of our Princes , they strait condemn it as Trayterous ; but at the same time they quietly suffer Books to be published , asserting their own Power of doing so by their Kings , and justifie the cutting off of King Charles the I. as Milton's Works , and others : If their own Kings dispence with their Laws , and Invade the Rights of their Church , they kick them from their Thrones , and then tell the World they have Abdicated ; yet at the same time they support them in acting Arbitrarily , and contrary to Law against us ; and tell them that in so doing , they act according to the Sense of both Houses . If we complain of Injuries done us , and Affronts put upon us by a Faction of theirs , in conjunction with some ill Men of our own , straitway we are accused of reflecting upon the Honour of both Nations ▪ and endeavouring to stir up War and Sedition , and Proclamations are issued , offering 500 l for discovering the Authors of such Complaints ; yet at the same time they suffer us to be Libelled , railed upon , vilified and belied , and God himself and the Holy Scriptures blasphemed , in Villanous Pamphlets , without taking the least notice of it . Thus in a Scurrilous Pamphlet called , A History of Darien , we are bantered and laughed at with Romantick and Foppish Stories ; in the Defence of the Scots Abdicating Darien , the Honour of our Nation is outrag'd , our Company belied , and Religion blasphemed ; yet the Author Rewarded and Caressed by Mr. V — n , now a Minister of State , but formerly a Licenser of Books , for taking off the Penal Laws , and overturning the Protestant Religion . In a Villanous Lampoon called , The Pedlar turn'd Merchant , we are exposed to publick Redicule and Contempt , without any Animadversion upon Authors or Publishers . Nor had any of our own Secretaries of State the Courage to take any Course with those Libellers , or to complain of them , though App●ication was made to them for that end . But if any thing be wrought to vindicate our Nation from such foul Ca●umnies , a greater Reward is offered for discovering the Authors than was offered for apprehending some of the Regicides : Proclamations are published with more Zeal and Virulency for that end , than against Popish Priests and Jesuits , who by their Principles and Practises destroy Mens Souls and Bodies : What eagerness did our Enemies at Court evidence , in prosecuting Booksellers for the Enquiry into the Causes of our Colonies Miscarrying at Darien ? What pa●ns and expence to find out the very Porters that Carried the Books a●out ? VVhat illegal and barbarous Treatments and Threa●s did they make use of to a poor Fellow taken up on Suspicion on that account , keeping him Close Prisoner for a Week without an● Oath against him , when his Wife lay-in in Child-bed , and and his Family at the same time in a Starving Condition , having nothing else but his Labour to depend on ? With what fury and heat did they Prosecute some People in Ireland , for but reading it in publick ? And what pains and expence were they a● to bring over a Scots Bookseller from thence to witness against another Scots Bookseller in London , that he had sent him a parcel of those Books ? What ca●e to have extravagant B●●l from that London Bookseller and o●he●s ? and what threats to ruin that Dublin Bookseller , if he would not c●n●rary to Conscience and Knowledge , swear against the Scots Bookseller in London ? and at the same time did not prosecute English Booksellers that were taken up for actually selling the Books . And what pains and expence were they at to discover the Author , though they had all the Reason in the World to think that he was not within the Jurisdiction of England ? and yet at the same time they suffer our Nation to be daily abused and ridiculed impunè . These things are so plain and notorious , that the Faction cannot but think the World takes notice of them , and curses their Scandalous Partiality from their very Souls . That pernicious Faction ( for still we would be understood to be far from charging any thing here said , upon the whole English Nation ) may very well remember , that they looked upon it to be a good Justification of their War against Holland , because the Dutch reflected upon the Honour of the English Nation with their their Pens and Pencils , drew their King with his Pocket turned inside out , and his hands in his Breeches running after his Whores ; and represented the English Nation by their three Lions with their Tails cut ; and some such Device as this ( if we remember it right ) Angli Castigati latrant non mordent . Is it not strange then , that a Nation so jealous of their own Honour , should suffer their Neighbours to be so scandalously revil'd in theirs ; but such is the Temper of the high Tory Faction , and some sneaking Court Wigs that are fallen in with them , in opposition to us , that it seems they would have the Power of calling Kings to an account , or cutting them off , appropriated to England alone ; the latter we believe our Country will scarcely grudge them , since they have been in the sole possession of it this 100 years , and therefore have a Right to it by Prescription ; but as to the former we must beg their Pardon . By our Claim of Right it is possible still for our Kings to forfeit their Crowns by Maleadministration , whether they Abdicate or not . We were under no obligation to mince the matter , nor to manage the Credit of Passive Obedience , and save our own Reputation for acting contrary to that pretended Principle , by imposing a falshood upon the World. We had no need to say that that Prince had voluntarily resign'd his Crown , when he was obliged to quit it by an Armed Force ; therefore we acted fairly above-board , according to the Genius of our Nation , and declared he had forfeited his Right , by acting so and so , which being according to former Presidents , may prove the way for , others to come : Whereas there 's no great likelihood of our Neighbours being so happy , as to have all their ●uture Tyrants run away , and perhaps it 's for that reason they are so Ambitious to ingross the Right of Lopping off Kings to themselves ; this we have the more reason to say , since they were so mild in their Censure to Mr. Stevens , who on the 30th of Ianuary defended that Practise before them , and yet were so severe upon the Author of the Scots Enquiry , for a meer Historical Relation of what Power our Ancestors cl●imed over their Kings . The next thing we are to consider , is the Project of an Union 'twixt the English and us . We shall not of●er to call in question His Majesty's Sincerity in the Proposal , because he made it formerly , when there were none of those Controversies on foot betwixt us ; but we have all imaginable reason to question the Sincerity of those from whom it came now , and to look upon that , and his Majesty's Promise of holding our Parliament in Person , to have been both of them contrived to gull and amuse us : The very making of such a Proposal , and the forwarding it , by those Lords that had almost in the same breath charged themselves with the loss of on● Blood and Treasure at Darien , and all the disappointments that our Company had met with , was enough to make us suspect that no good to us was intended by it . They that had just declared our Trading to the East and West Indies to be inconsistent with the Trade of England , were not like to come to any Union , that would allow us a share in their Trade , when they will grant us none of our own ; yet it must be confess'd , that we can never mention with Honour enough , those Noble Lords who with a Generous and Impartial Justice protested against that unaccountable Address , about our American Settlement : But to return to the Union , the unmanly and scurrilous Reflections thrown upon us in the House of Commons by some noted Torys on that occasion , are Indications sufficient , that such an Union as they design , would only compleat our Ruin : But at the same time we must own that our Nation is eternally obliged to those Worthy Members of the lower House , who declared they rejected the Bill , because they would not concur in putting a Sham upon their Neighbouring Nation , that had been so much injured , and so barbarously treated by the West India Proclamations , &c. It were easy to shew that an Union upon good and honourable Terms would be the greatest Happiness this Island could enjoy , that it would certainly enrich and strengthen it , and secure our Religion and Liberties against all Attempts from abroad and at home ; that it would bless bo●h Nations , with an oppo●tunity to rectify what is amiss in their respective Constitutions , and make us the impregnable bulwark of true Christianity , and human Liberty ; but some those about His Majesty discover sufficiently by their Conduct , that those are the things in the World they are most afraid of ; and therefore think it their Interest , instead of uniting , to divide us , and instead of reforming to debauch us : What else is the meaning of the prodigious increase of Popery and Profaneness , and the perpretation of so much unnatural , and formerly unheard of Villany in the Nations ? What else is the meaning of it , that foreign Protestants were so little care taken of at the Reswick Treaty ; that since the Conclusion of the Peace , they have lost more than they did during the whole War , and are every where expos'd to be devour'd by the Papists in France , Germany , Hungary , &c. without any interposition in the Name of Great Britain . Whence comes it to pass else , that now , when the power of these three Nations and Holland are in the Hands of one Prince , the Hero of his Age , and the Representative of a Family , that for 100 Years past hath been the scourge of Popery and Tyranny ; that the Church of Rome should sport her self with the Blood and Misery of the Protestants every day , and kindle a War amongst the Protestant powers of the North , when it were easy for us , humanly speaking , with the united Naval Force only of Protestant Princes and States to oblige all the Popish Princes in Europe to come to a better Temper , in relation to their Protestant Subjects , or to sack Rome the Seat of the Antichristian Empire , make the Whore desolate , and burn her Flesh with Fire . But instead of such great and generous designs , we are rendred uncapable of protecting our selves ; that Popish In●erest grows within our own Bowels : Proclamations against Priests are not obtain'd without Sollicitation ; new Laws against them are but faintly carried on , the three Nations are dash'd one against another ; each of them subdivided into Factions within themselves : and the endeavours of the Protestant Kingdom of Scotland to settle a Trade , which hath a promising Aspect for the Protestant Interest , opposed with more Vigour , Industry , and Cunning , by some about Court , than ever they oppos'd any thing else ; whether it be the influence of some Spanish and French Gold , or the effects of some secret and unknown Bargains , God knows : but we think our Nation has very great reason to enquire into the Cause of it , and together with their Trade , to take more than ordinary care of the Protestant Interest amongst our selves , and not to suffer this Kingdom to be a receptacle to any of the Priests banished from England . This we humbly conceive we are the more oblig'd to look after , since that part of the Administration is wholly devolv'd upon our selves , because His Majesty , who is of a larger Soul than to do any thing that looks like persecuting people upon the account of Principles , declin'd being any ways obliged to use force in matters of Religion , by taking that Article of our Coronation Oath which obliges him to root out Heresy , with an explanation ; and therefore it is the more incumbent upon us to see the Laws against Popery put in execution our selves , lest our Lenity to them prove a Cruelty to our Country ; it being very well known that their Principles and Practises have a natural Tendency to subvert all Civil Societies , which makes the execution of Laws against them a Prosecution as necessary as that of other Criminals ; and so much the more necessary amongst us , that it is by the interest of those of that Opinion , and of them that are addicted to their Superstition , that the advancement of our Trade is so keenly and maliciously oppos'd . Whilst publick Affairs a●e under the Influence of such Men as have testified so much Rancour against our Country , those Gentlemen who spoke of an Union with us in such unbecoming Terms , as one Civiliz'd Nation ought not to allow towards another , need not trouble themselves with the Fears of our pressing it : It 's better to be alone , than with ill Company . How desirous soever we may seem to have been of a Union , our Neighbours may assure themselves that our Nation never design'd to purchase it at the expence of their Sovereignty and Honour . We are under no Obligations yet to treat upon such disadvantagious Terms ; what we may be reduc'd to , when the Faction begin that War which Capt. Baker the King of England's Sollicitor threatens us with , we cannot tell . We doubt not he speaks the Sentiments of the Courtiers that are so much imbittered against us ; but we despise it as a b●utum fulmen . This they may be satisfied of , that by proposing an Union we never design'd to become a Province to them , and to resign our Parliament , without a proportionable share of the Legislative and Executive Power , and of the Presence of the Government and all its Influences ; without which the Union would make us worse instead of making us better . Nor must they think that we design to give up our Consciences to be new molded , according to the pattern of Damascus , or their Pleasure . There 's no question to be made but an Union without any of those Inconveniences might be effected to the Honour and Advantage of both Nations , were things in a proper disposition for it ; but if our Neighbours grasp at a larger Government than what they are already possessed of , it s not our Interest to become the Subjects of it : Great Governments like other Great Bodies become unweildy , and where one Member has too much and another too little , the Frame will quickly come to decay . Mutual Affection and an unequal distribution of Advantages are the best Cement of Civil Society ; but where some engross too much , and allow others too little , Friendship can never be firm nor durable . If they design to be our Masters , and not our Neighbours , they may assure themselves that our design and theirs is not the same , and that we shall never unite with them upon those Terms . Thus we have taken a brief view of some of the principal Grievances we labour under , as to our American Settlement ; to which we may add the discourting of those who have shew'd themselves zealous for advancing our Trade , and the advancement and continuing of such in great Posts as ingloriously concur with those measures , that are taken to ruine their Country . The great Difficulty lies in ge●ting those Grievances redress'd and in falling upon Methods to have the like prevented in time to come ; neither of these are to be done without our Parliaments assuming to themselves the Ancient Spirit and Courage of the Nation : if we tamely digest those Invasions upon our Soveraignty our Enemies will be encouraged to go on , and if we don't take effectual measures to restrain all stretches of Prerogative , we shall unavoidably fall into the Tyranny of the late Reigns . The Invasions made upon our Soveraignty and Freedom made by the English Court , are such as we cannot once doubt that our Parliament will take care to assert the Honour of the Nation against them , but perhaps there may be some difficulty in getting proper Resolves taken against the late measures of some Courtiers , in opposition to the interest of the Country , such are the trifling and fraudulent dealing with us as to the Hamburgh Memorial , the like as to the West India Proclamations , the denying of the Companys reasonable Petitions , the Proclamation against the National Petition , &c. the unreasonable delaying of the meeting of the Parliament , when the Honour and Interest of the Nation did so londly call for it , &c. It is not to be suppos'd that a Parliament who have retriev'd so much of our Ancient Constitution ( that was Usurp'd upon , or giv'n away by pact Parliaments , during the fr●ntick transports and prevalency of the Cavalier Faction in Charle● II. time ) will be huffed or frighten'd out of their Rights by the bugbear words of Treason and Sedition ; those are Crimes with which Parliaments lawfully call'd , and acting with the Consent of the People , can never justly be Charg'd , Freedom of Speech and Debate in Parliament being retriv'd by the Claim of Right , Members who speak freely for the Honour and Interest of their Country are not now to be frighten'd by Red Coats , and other Court Pensioners with the Castle , the Castle , as in the late Reigns . If any such thing should now be offered , the said Claim will justify sending the Proposers of it to the same Quarters . By the same Instrument of Government or Claim of Right , we are also deliver'd from that overgrown Prerogative or Excrescence of Tyranny , that made it Treason to say the King is accountable to his Parliament , since a freedom from those incroachments upon the Liberties of the Subject that the late Reigns were guilty of , are made the foundation of this present Government , and that His Majesty accepted our Crown upon those terms in the Claim of right , promising to protect us from the violation of those Rights we therein asserted , and from ALL OTHER ATTEMPTS upon our Religion Laws and Liberties ; all which were to no purpose and a meer empty piece of formality on both sides , if our Representatives in Parliament might not freely remonstrate against the breach of one or all of them , and if upon obstinate refusal of redress when such of them are violated , as tend to the overthrow of our Constitution , they have not a right to betake themselves to the last Remedy , from all which it follows as a natural Conclusion , that all those tyrannical Usurpations upon the people , and stretches of Prerogative , since King Charles the II's Restoration , contrary to the said Claim of Right , are as fully abrogated as if there were an Express Act of Parliament annulling every one of them ; and His Majesty's agreeing to that other Clause to protect us FROM ALL OTHER ATTEMPTS upon our Religion , Laws and Liberties , extends to the things now under Consideration ; but more especially to those that have been made upon our Sovereignty , Independency and Trade . His Majesty has no reason to think this a Hardship or Innovation upon him , since it 's evident from our Histories and Acts of Parliament , that our Ancestors did many times claim a much greater freedom in relation to their Princes , than any thing here demanded . We know there were a Sett of Judges and Clergymen in the late Reigns , that condemn'd this as Treason and Sedition from the Benches and Pulpits , but without a grain of Truth on their side , as hath been sufficiently evidenc'd , since others had liberty to write and speak as well as they . Sir George Mackenzy was one of the ablest Penmen on their part , but his Character and Interest are too well known in Scotland to suffer any man to lay much stress upon what he wrote on that head in his Ius Regium , or other pieces . His ipse dixit must not outweigh the Credit of all our Historians and old Acts of Parliament in this Matter , and so much the less since his wild Conceptions about the form of our Original Government , as being an absolute Monarchy , are sufficiently contradicted by Caesar Tacitus , and other contemporary Historians . They do all of 'em expresly say , that the Spaniards , Gauls , Irish and Britains , had each of them many Kings , and in Britain particularly ; that Kent alone had 4 Kings , and that almost every City had its own King. He describes Cassibelan's Boundaries , and gives an account of his making War with other Cities : The Silures and Bigantes had each their own Kings ; and question is made of Gethus , a King of Orkney ; all which proves the truth of what Buchanan asserts of our Ancestors , who first inhabited this Island , that they livd ' sine Rege ac certo Imperio per Cognationes tributim sparsi ; which fully overthrows what Sir George Mackenzy hath asserted as to our Government , being originally an absolute Monarchy , and overturns all the train of Consequences he would deduce from thence . This was so much the more inexcusable in Sir George ; that being a Highlander , he could not but know that that manner of Government by Clans or Kindreds continues still in the Highlands ; and that the experience of all Ages hath made it apparent , that ( generally speaking ) they paid a greater defference to the respective heads of their Clans , than to the Kings themselves , and seldom sail'd espousing their Quarrels against their Princes ; so little did absolute Monarchy ever obtain in Scotland . This is so much the more remarkable in our Nation , because the Heads of those Clans , Tribes , or Families , had not their Original or Estates from the Gifts or Patents of their Princes , on condition of Military Service , &c. as happen'd in those Countries where the Feudal Law took place , and where Conquerours , such as Charlemagne , divided their Conquests amongst their Captains , on condition of serving them in their Wars , or other occasions ; and they again subdivided their Lands amongst their Vassals , on condition of the like Service ; but on the contrary , our Kings receiv'd their Power originally from those Heads of Families or Clans , who were in being long before the Feudal Law was heard of , which is generally agreed to have had its Rise in Lombardy , came from thence into France , was first practis'd there by Charlemagne , and brought into Britain by William the Conquerour . We don't deny however , that our People might afterwards incorporate some things from the Feudal Law into their own Customs ; but this is plain , if our Histories may be credited that our ancient great Families don't owe their Original to our Kings , and that from time to time , those Heads of Families , who were our real Nobility ( when the pompous Titles of Duke , Marquis , Earl and Lord , were all together unknown ) chose and gave Laws to our Kings , who without them could do nothing ; and when they acted contrary to their Advice , and the Constitutions of the Country they were by them call'd to an account , and dethron'd or continued in the Government , as they saw cause . This is so plain from our Histories , that they must have a very large stock of Confidence , or a great share of Ignorance that will deny it . Nay , tho we have the longest , and most uninterrupted Line of Succession , that any Nation in Europe can boast of ; yet we were so far from owning an Hereditary Lineal Succession , that we regulated that Matter from time to time as we thought fit , and never allow'd our Princes to claim our Sovereignty as their paternal Inheritance , but as depending upon our choice ; and therefore sometimes elected them afresh , and at other times confined their Succession , to make them sensible that they deriv'd their Power from the People , which the present Parliament , when a Convention , have so far gallantly retriev'd , as to make our succeeding Princes uncapable of the Government , until they take the Coronation Oath , which is a formal stipulation with their People ; and that alone that confirms them in the Throne . From all which it follows as a necessary Consequence , that if our Kings violate their part of the Stipulation , our Parliaments have a Right to put them in mind of it , and to demand a Redress and Security against such Practises in time to come , which is all that our Nation requires in the present Case . So much was thought necessary to be said for Information of those that may perhaps be wi●held from doing what they owe to their Country , in its present Circumstances , by a Clamour of Sedition , Treason , and Disaffection , rais'd by those who are the Authors of our Grievances against such as endeavour to have them redress'd . Malice it self must needs own that our Comp●ny and Nation have behaved themselves with that Loyalty , Moderation , and steady Affection towards that Government , in the present juncture under such pressing Grievances , and provoking Treatments from the hands of the perni●ious Counsellours , as bespeaks their due sense of what they owe to His M●jesty King William , our great Deliverer , and sufficiently vindicates them from the stain o● all such noisy and ill grounded Reflections . PART . II. IT is absolutely necessary that our Parliament take into their Serious Consideration the State of our Trade , with respect to our Neighbours of England and France . It is very well known , and hath been hinted at several times already , that upon the Union of the Crowns it was granted to us by the Agreement of Commissioners of both Nations , That we should be under no Restrictions in matter of Trade more than the English , except as to the Exporting of Wooll , and some few things of English Product : Matters continued thus , without any considerable alteration from that time , to the Administration of the Parliament in 1641 ; and during Oliver's Usurpation , our Privilidges that way were rather increased than diminished ; but soon after the Restauration of King Charles II. we were put under the same hardship with Aliens , By the Act for Encouraging and Encreasing Shipping and Navigation ; and the Act for the Encouragement of Trade . So that we are much worse treated than the Irish. This is sufficient to convince all Mankind , that the design of the English Court upon our Trade is not of yesterday , and that the present opposition they make to us , is the effect of a premeditated Contrivance ; against which it 's hoped our Parliament will take effectual Measures to secure us . It will be also proper for them to Enquire into the Gradual Increase of their Imposts upon our Commodities Imported into England , to the utter ruin almost of our Trade with the Nation , particularly as to our Linnen Cloth , which was so much the more unreasonable , that at the same time when this Additional Imposition was laid upon our Linnen , we were so complaisant to the Engglish , as to concur with them in forbidding the Exportation of Wooll from Scotland ▪ without Prohibiting the Importation of the Woollen Manufacture of England ; so that every one wears English Cloth without any notice taken of it by our Government , because they pretend it would lessen His Majesty's Customs if they should ; by this means we are ruined in our Linnen Manufacture , our own Woollen Manufacture is perfectly undermin'd , and we are not at liberty to Export our own Wooll neither . It would seem necessary that our Parliament should make an Enquiry what passed betwixt the Lord S — and Blathwait the English Secretary of War on that occasion ; what Promises his Lordship made to Mr. Blathwait to hinder the Exporting of Wooll from Scotland , and upon what Consideration ? Whether there was any Bribery in the Case ? Or whether Mr. Blathwait did not out-wit him in this matter , by making a fraudulent Promise , which S — knew he could not perform ; to wit , That the Parliament of England should take off the Imposition from our Linnen . This is so much the more necessary , because Blathwait denied any such Promise to S — When some of our Country-men , Traders in London , went to him and told him of it , in order to have had it fulfilled ; he answered them , that he only advised the Scots first to discharge the Exportation of Wooll , and that then the English might probably take off the Imposition on our Linnen . It were worth while to enquire if the Bargain had been real , who it was that Impowered S — to treat of that matter ? And since he had not Wit enough himself , to transact a thing of that Importance , why he should not have called for the Assistance of others that were more Capable . Since we are so treated by the English Court , it results naturally that we should discharge their Woollen Cloth of all sorts , and apply our selves to the encouragement of our own Woollen Manufacture at home , which will employ our Poor , raise the value of our Lands , and the prices of our Cattel . This we have so much the more reason to do , not only because it will be a just Retribution to the English Cou●t , who have not only discharged in a manner , our Linnen Manufacture , but have set up Manufactures of that sort of their own , and encouraged the Irish to do the like , which must certainly prove fatal to ours . The Argument is also reinforced by this Consideration , That a great part of the Flax we made use of , was Foreign Product , which Exported our Money , and yielded us no great Profit ; whereas our Wooll is our own : And if the Parliament could fall upon Methods to encourage the making of Bays , Kerseys , and other things in a regular manner , at home : It would advance a Foreign Trade , furnish Materials for our Consumption , from our own Product , and save Money , which is constantly Exported for those things . We hope , considering the outrage done to our Sovereignty and Freedom , by the English Court , it wi●l not be an Argument of weight with a Scots Parliament , that they ought to keep measures with them , since they think it so much below them to keep any with us . The only Objection of seeming weight that can be made against this is , That the English may thereby be provoked to forbid the Importation of our Cattle : But this is easily answered ; That it 's not out of any respect to us , that the English allow that Importation , but they find their own Account in it , because they buy them cheap , find them better meat , when fed , than their own ; and that they eat up the G●ass which their own Cattle will not touch , and by consequence would be absolutely lost to them , were it not for our C●●tle ; and ●esides , they would not be able to provide their Fleets and Merchant Ships so well without ours , which puts them in a Condition to disp●se o● their own larger Cattle for that end : But that which is an answer once for all , we do not in the least bou●t , if those of our own Count●y be consulted , who have most Cattle to dispose of , but they will satisfie our Parliament , that this O●jection is of no weight ; and we know the common Proverb , That Interest will not lye . Beside , If the Parliament pleases to take effectual methods to encourage our Se●tlement in Caledonia , and our Foreign Trade elsewhere , we have reason to expect ( by the Blessing of God upon our Endeavours ) that we shall have every year less occasion than other , to be obliged to our Neighbours for taking off our Cattle ; and so much the less ; since we know now by Experience , that our own Beef will endure S●le so as to make it fit for Sea. It likewise deserves the Enquiry of ●ur ●arliament , Whether it be not pr●per to discharge the English from Fishing in our Seas , Creeks and Harbours , which their Company , called by the Name of The Royal F●shery , pretend a Right to , by a ●atent from King Ch. II. who had no Power ●o Grant it , without the Consent of our Parliaments . The English themselves cannot justly find fault if we do this , they know their Selden maintained a Mare Clausum , against Grotius's Mare Liberum ; so that out of there own Mouth we judge them ; and we have so much the more Reason to do this , because of their late insolence to come into our own Harbours and Roads , where they search our Ships , and take out what they think fit , in defiance of the Laws of Nations , to the great interruption of our Trade and the dishonour of our Country . These things together with their pressing our Seamen out of our Merchant Ships in time of War , as if they were their own Subjects , are Grievances which we ought not to put up , but insist upon an effectual Redress of them , as being utterly inconsistent with our Liberty and Freedom . If the Faction object , that such proceedings may occ●sion a War with England , we can soon answer them , That it is not the English Nation , but a Court-Faction supported by some hot headed Ecclesiasticks , and their Superstitious Bigotted Adherents , that is at the bottom of this unneighbourly Treatment of our Country . England is a wise and clear-sighted Nation , and will never make War against us upon such a Quarrel ; their present Conduct proves beyond contradiction , that they have no such design , they disarm , instead of putting themselves in a Posture for War ; and are sensible of the danger they are in themselves , from that very Faction that are now oppressing us , and therefore will not intrust them with a Standing Army , nor Mon●y sufficient to keep one on foot . So that we have so litt●e Rea●on to fear a Rupture with the English Nation on that account , that we rather have cause to expect their favour , if we imitate ●●●ir Conduct , ●nd take the same , or the like measures that they do for securing our Liberty and Property , from the Invasions of Court Parasites and pernicious Counsel●ors . We hear every day what brave effor●s they make for advancement of their Trade , and pulling Arbitrary Government up by the Roots ; they are no ways afraid of tel●ing their Kings freely when they are misled , and act any thing con●rary to the Honour and Interest of the Nation They make no scruple of s●●pr●aching the Chief Ministers of State and Favourites , when they find them guilty of any thing th●t may be p●ejudici●l to their Constitution . They boldly order their Kings Speeches and Promises and their own Resolves upon them , to be published to the Wor●d in justification of their Conduct , and make Laws to disab●e those that have a dependence upon the Court , from being Mem●ers of Parliament . These and much greater are and were our B●rth Right as well as theirs ; and it 's evident to the World we have much more reason to assert and demand them , which will demonstrably appear if we consider . 1. That since the Union of the Crowns , our Kings prefer their Interest to ours , in all matters relating either to Church or State. 2. That ever since that time we have nor been Governed by our own Councils , but by theirs , and with a prospect of advancing their Interest , though utterly subversive of our own . 3. That ever since then , our Interest has been by turns either Sacrificed by our Kings to them , or by them to our Kings . Thus King Iames I. and the two Charles's made a Sacrifice of our Church to theirs , and they in requiral did , together with a mercen●ry Faction of our own , make a Sacrifice of our Civil Liberty to them ; witness the great Army they furnish●d King Charles I. to carry on the Bellum Episcopale against us , and the Treachery of our own mercenary Tools at home , by procuring and agreeing to the 18 th Act of the Duke of York 's Parliament , which Enac●ed that all I●●isdictions did so reside in His Majesty , that by himself or his Commissioners , he might take the Cognizance of any Cause , and deci●e it as he pleased . Thus King Charles II did a so make a Sacrifice o● our Interest in Trade to theirs , by the Acts above-ment●oned ; and thus our Interest in Trade in this Reign has been also made a●rince to their● , and their House of Lords in requ●●al with the concurrence no doubt of many of their Commons have again made a Sacrifice of us to the King , by their Address , approving his West India Proclamations , &c. against us . Thus we are bandy'd about with the utmost disregard and contempt , according as their different Interests and Humours require it . These things demonstrate that we have more reason to insist upon those above-mentioned Priviledges than the Englsh have ; nor can we expect to have our present Grievances Redressed , or future Grievances Prevented till we obtain , if not all , at least some of the most material of those things , that that Parliament of England insist upon . There ordering an Address to the King on the 10th of April last , That none but Natives of his Dominions , Prince George excepted , be admitted to his Councils in England or Irelond , is a Pattern fit for our Imitation , and what we have as good a Right to demand as they . None but Scotsmen ought to be consulted with in Scots Affairs , for Experince teaches us , that since we have had Secretaries of State , who Consult English Ministers in every thing , the Honour and Welfare of our Nation hath gone Retrograde . Nor indeed is it enough that none but Scotsmen be Consulted in our Affairs ; it 's also requisite that our Parliament should have the Chusing and Swearing of the Privy Councillors , as our Ancestors had ; and a Power to call them to an Account , and punish them for Male-administration , The present Calamities our Nation groans under makes the necessity of this more evident than ever , which if obtained , we might then have hopes that the Addresses of our Trading Companies should not be thrown over the Council Bar , nor our American Settlement opposed , as if our Privy Councillors were rather Chosen by a King of Spain , than by a King of Scotland ; then might we hope that our Arcana Imperii should not be betray'd to our Enemies , and that the Affairs of our Church and State should not be managed by the Capricio's of Favourites , English Courtiers , or Prelates , who improving the opportunity they have to Debauch Covetous , Necessi●ous or Weak Ministers , that attend our Affairs sometimes at the Court of England , make them the Instruments of ruining our Country . That this is no groundless suggestion will appear but too plain , if our Parliament think fit to enquire into the truth of that Report , that a Spanish Consul at Iamaica should have generously told some of our Caledonians there , that we were betray'd by one of our Country men that was entrusted with our Affairs at Court ; and perhaps it may yet appear more plain , if they enquire whether any of our own Secretaries knew of the West India Proclamations against our Colony before they were issued , as it 's confidently said the English Secretary V — n hath given out , that one of them did . We have found by woful Experience , that 't is not safe to trust the Management or Representation of our Affairs to one or two Men , chosen for that end at the Discretion of the Court of England ; therefore it seems highly necessary that we should be reinvested with our Native Right of chusing our own Publick Officers our selves ; or at least that none be advanced to Posts either Civil or Military without the Advice of the Council of Scotland ; otherwise , since our Kings can now no more be said to be Scotsmen , it 's a parting with our Sovereignty , and lays us open to have all our considerable Posts fill'd with such Men as will certainly fall in with the Measures of the English Court and Govern themselves , wholly by the Dictates of Princes , that must now of necessity be Educated in a Country who think it their Interest to keep us low , and to thwart us in every thing that our own Parliament and People think most conducible to our Honour and Advantage . Nay , they are so jealous of us , that they are unwilling any of our Country-men , though unexceptionably well Qualified , should be so much as concerned in the Education of those Princes in whom we have as great a Right as they . Thus they removed a Scots Gentleman of the Name of Murray , from having the Charge of Ch. the First 's Education , learing he might have inclined him to Presbytery , and thereupon made him such a Bigot the other way , that he himself and the three Nations had occasion afterwards to bewail it in Tears of Blood ; It 's well enough known what attempts of the like Nature have lately been made upon the Duke of Glocester . Because under the Conduct of a Scotsman , though a Bishop , whose Order we have thought fit to Abolish in our Nation . If our Parliament should insist upon the having the Nomination of our Privy-Council , as it 's no more than our Birth-right , so it 's no more than what His Majesty in effect Granted to our Neighbours in England , when he submitted the List of his first Councillors to the Judgment of their Convention Parliament . The next thing we shall propose to Consideration , is that a Restraint , if possible , might be laid upon the Creation of Lords . As it 's only Vertue that can truly make Noble , so Advancement to the Degree of Nobility ough : only to be the Reward of Vertue . It 's an unreasonable thing the Power of making Hereditary Law-givers to our Nation , should be at the sole disposal of our Princes who are now Kings of England , and by that means have an opportunity of strenthening an English Faction among us , by conferring Peerage , or the higher Degrees of it upon Ambitious Persons who devote themselves to their Interest , and perhaps are Advanced for no other Merit sometimes , but for having been Ministers to their impure Pleasures , or Instruments of Tyranny : What pity is it that the Illustrious Nobility of Scotland , many of whom a●● Noble without a Patent ( as being the Heads of Ancient and Gre●t Families ) should be mixt with such a base Alloy . It would certainly redound much to the Honour of the Nation , and much inhance the value of the present Nobility , if none were admitted into their Rank but with Consent of Parliament , and on the account of true Merit . What pity is it that the Freedom and Honour of a Country should be endangered by such an Hereditary Power of Legislation , when Experience shews us but too often that Wisdom and Vertue is not Entail'd upon the Posterity of Nobles more than others . We come next to propose the State of our Trade with France . The loss of our Ancient Alliance with that Famous and Great Kingdom , and of the Honourable and Advantagious Priviledges we enjoyed there ; is one of the great Dammages we sustained by the Union of the Crowns ; neither our Princes nor our Neighbours have thought fit to allow us any Compensation for this hitherto , but have rather pleased themselves to see our Honours and Priviledges there gradually wrested out of our Hands ; so that now they are brought to a woful and final period ; instead of having the Preference there of all other Nations in point of Honour and Trade as formerly we had , we are now , because of our Union with England , not only deprived of the same , but are in a worse Condition than other People : Thus our Salt Fish is discharged there , and the Dutch have engrossed that part of our Trade , and sell them dearer to the French than we offered them , but could not be accepted , though at the same time great Sums of Money are exported yearly from our Kingdom to France for Wine and other Commodities . This is a thing that certainly deserves our Parliaments Consideration ; it ought to be a Subject of Enquiry whence it came to pass , that the Honour and Interest of our Nation was so much neglected and despised , as never once to be mentioned at the Treaty of Rijswick ; our Council and Ministers about the King ought to be examined as to this matter , for we cannot think that His Majesty who took so much Care of the Honour and Interest of the Little Principality of Orange , would , had he been put in mind of it , have so much neglected his Ancient Kingdom of Scotland , since he owes all his present Grandeur to his Descent from our Royal Line , and his Alliance with it . This deserves the Thoughts of our Parliament so much the more , that we sustain Affronts and Dammages by the Interposition of His Majesty of Great Britain's Name , as is evident from the Hamburgh Memorial , the pretended Breach of Treaty with Spain , and the loss of our Trade with France ; but there 's no care taken o● our Interest in any of those General Treaties . There 's no way of retrieving this , but by our Parliaments asserting our Independency and Freedom against all those Invasions and Neglects , and by making it appear to the World , that we are still a Sovereign Nation , and have as much Right to consult our own Interest , without any regard to that of England , as they have to do so by us . It would seem necessary , that until those Impositions be taken off our Trade with France , and till we be restor'd to our Privileges there , that we should forbid the Importation of French Commodities , Wine and Brandy particularly , either immediately from France , or immediately by way of England or Holland ; and either content our selves with Ale , and other Liquors of our own making ; which might in that Case be made stronger than usual , would consume our own Product , and raise the value of our Lands . If the necessity of Wine for Health be objected , the answer is easy ; that let us take all the Precautions we can to exclude it , there will always be enough found for that use : and besides it's evident from the High Lands , and other remote Places of the Country , that the People are as strong and long-liv'd where they never see Wine nor Brandy ; nay , rather more than in those Places where they abound most . If this should be thought an Hardship upon Families of Quality , they may have an Allowance ; or if we must have Wine , it were more reasonable to import it from those places that don't impose upon our Trade , than from those that do . It were also worthy our Parliament's Consideration , whether it might not be proper to forbid the sending our Youth abroad into France , which exports so much Money out of the Kingdom every Year , exposes them to be corrupted in their Principles , both as to Religion and Politicks ; and also in their Morals by such trifling Fellows as Musicians , dancing Masters , and fencing Masters : that sort of Men live upon the Vices and Folly of Youth , and therefore think it their Interest to nourish their vicious Inclinations , and many times effect it to the ruin of their Souls , Bodies and Estates ; so that instead of a well accomplished Gentleman we have but too often nothing in return for our Money but ill Principles , empty Purses , and bad Morals . There was some necessity for sending our young Men of Quality thither , during the Alliance betwixt us , for then France was like a second Native Country to us ; there we enjoy'd a share of the greatest Offices in Court and Camp , and were distinguish'd from all other Nations by peculiar Priveledges ; but now it s quite otherwise , our Subjects , or at le●st their Children and Relations are denied the Freedom of Religion there , or to return home ; but are barbarously us'd in their Persons and Estates : nor is there any that have shew'd themselves greater Enemies to our American Settlement than the French Court , who from time to time proffer to assist the Spaniards to drive us from thence ; and if some People may be credited , the Opposition made to our Colony proceeds more from some private League with France , than from any Dammage that may redound to from it to Spain . We don't mean by this that our Nobility and Gentry should be depriv'd of the Accomplishments they aim at by travelling . As for the Exercises they commonly learn in France , and the Acquisition of their Language , which is now become so much in vogue : We have as good an opportunity as we can desire , of erecting Academies of French Protestants to teach them ; or of having them taught privately at home under the Guardianship of their Relations ; and then if our Nobility and Gen●ry have a mind to send their Sons to travel , they will be under no Tentation of being corrupted by such trifling Popish Fellows , as teach those things abroad ; they need not stay so long in foreign Countries , and yet improve themselves more by conversing with Men of Note , and observing the Customs , Constitutions , and Products of Countries , which before they had not time to do , because of those Exercises ; and above all there ought to be care taken that they be well vers'd in the Constitution of their own Country before they go abroad , of which no Nation in Europe has so good and easy an opportunity as we have by Buchannan's History ; an Author ●it to be read by all Persons of Quality , both for Ornament of Mind and Stile . If our Youth were taken care of in this Manner , and Solidly , instructed in the Principles of their Religion before they went abroad , they would raise the Reputation of our Country , and not be so liable to be corrupted as now , being usually sent abroad in their blooming Years , when they are most apt to be seduc'd by ill Conversation As for the study of the Law ; it 's a shame for our Country , that from time to time hath had such famous Civilians , that we should not have a Colledge for the study of it at home , which would save both our Money and Reputation ; so that our Youth that had a mind to travel for further Accomplishment in it , needed do little more but visit foreign Universities . The next thing to be considered is , the relieving of our poor oppress'd and impoverish'd Country , which hath suffer'd so much of late ( by the Justice of God , and the Wickedness of Men ) from all unnecessary Burdens , amongst which that of a Standing Army , may well be accounted the most needless and insupportable ; and for keeping up of which , by the Advice of some Cour●iers , we have been so ungratefully rewarded . That it is unreasonable for us to have a greater Army in time of Peace , than we had in time of War , cannot well be controverted ; and that to keep up a Standing Army in time of Peace is against our Claim of Right , can as little be denied● Let us learn Wisdom of ou● Neighbours ; we see they who are nearest the Enemy , that the C●urtiers pretend to be most afraid of , have reduc●d their Standing Force to Guards and Garsons ; their Number is little , if any thing more at present , than what we have now on foot in Scocland ; so that if we should disband according to that proportion , we shou●d not keep one Man in Pay , for Guard nor Garrison ; for Guards , since we have no King , there seems to be little need of them , and so much the less that it is but of late our Kings had any . Formerly they entrusted themselves with their Subjects , and administred Justice in Person from County to County , without any other Guards but their own Domestics , and such Persons of Quality as thought fit to attend them with the Sheriffs of the respective Counties ; and for our Garrisons a very few Men may serve . In King Charles I's Time we had but one Regiment of Foot , and a Troop of Guards ; in King Charles II's Time the Number was increas'd ; in King Iames VII th's Time they grew still more , and now they are more numerous than ever . It 's evident there is no necessity for such numerous Troops , we are now in Peace at home and abroad ; nor are we like to have any occasion of Quarrels , except it be with the Spaniards in the West Indies ; and in that respect , if we may guess of what is to come , by what is past , our Courtiers are more like to make use of our Troops against us than for us . We hope the Parliament will 〈◊〉 now be impos'd upon with a necessity of keeping them up to o●●raw the disaffected Party ; and particularly the Highland Clanns . It 's known their Chiefs have submitted to the Government , and the greatest of the Clans are intirely in the Interest of our present Constitution : It 's very well known , that when it was otherwise , and that most of them were on King Charles I's side , under their famous Leader Montrosse ; and when so many of them declar'd for the late King Iames since the Revolution , they were never able to cast the Balance , or do any thing considerable , in comparison of the Low-Lands : The Western-Shires alone were able to overaw all the late King Iames's Party at the Revolution , and to set the Crown upon King William's Head. These things being considered , we hope that all S — 's Arguments from the Highland Clans , though seconded by his good Table , of whose wonderful Effects he boasted so much last Sessions , will not be able to prevail with our Parliament , to continue a Standing Army this Sessions . Whatever Arguments the Courtiers may pretend for keeping them up , from such or any Foreign Considerations , we may assure our selves , that the pernicious Counsellors who put those things in their Heads have other Reasons for it . They know they have given our Nation just Cause of disgust , and to demand that they may be punished according to demerit : Therefore they think a Standing Army necessary to overawe us , to swallow up our Liberties by degrees , and to put us out of a Condition to revenge the I●jury they have done us . This will appear to be no uncharitable Conjecture , if it be considered that Instruments of Tyranny are always afraid of the People they tyrann●ze over , and therefore hate them . The Oppression the Country groans under , by maintaining these Forces is undeniable , and the uselessness of them is equally demonstrable . England is the Seat of the Government , nearer fo● any Foreign Enemy , and much more capable of furnishing them Subsistence than our Countrey ; being the Seat of Government , it is by Consequence the Receptacle of Intelligence , and yet we have not heard of one Word signified to them of any apprehensions from abroad , this last Sessions of Parliament . The Case being so , if the English be so secure we have less reason to be afraid . The World must own that they are zealous for the Defence of their Country , and that its a Subject well worth their Zeal . Therefore there 's no reason to think that they would neglect their Safety , if they saw it in hazard . Then since they are the first that will probably be attack'd , we shall have time enough to arm in our own defence . To this we may add , that Standing Armies not only oppress the People , but corrupt the Manners , and overturn the Liberties of all Countries where they are kept up ; and that since the pernicious Counsellors have already made an Invasion upon our most valuable and fundamental Liberty , viz. o●● Sovereignty and Independency : We shall be look'd upon as the most foolish and unthinking Nation upon Earth , if when it is in our power to disband them , we suffer them to keep up a Standing Army , to compleat that Slavery which hath already made such formidable advances upon us . At the same time , it is not our Opinion that the Country should be laid naked , without a Defence ; and therefore it 's necessary the Parliamen● should consider of regulating the Militia , so as to make it most useful . In which , particular regard ought to be had to the Qualifications of those who are entrusted with the Command of them , viz. that they be Men of Estates and Interest in the Country , and well affected to the present Constitution , both in Church and State , that they be duly train'd and arm'd , and as many of the present Officers as are Men of Probity imploy'd in the Command as may be , nor would it be amiss to mix them with such of the Soldiers as are best disciplin'd , and of the most commendable Conversation . If our Militia be so regulated , there 's no doubt of their being more servicable in the defence of our Country , and for the support of the Government , according to our present Constitution , than a Standing Army can ever be . We may readily believe that a Militia so modelled will have more Zeal for the Honour of their Country , than that part of the Standing Army which yielded their Post of Honour to the Dutch in Flanders ; it were but just that our Parliament should enquire into the Authors of such a Dishonour done our Nation , and to call them to an account for it . However some Courtiers may palliate this ; we are sure they can never defend it . Their Pretence that the Dutch were in English Pay , and therefore took the Post as English Guards , is frivolous and trifling ; our Troops were in English Pay as well as the Dutch , who by the Treatment they have had since by the Parliament of England that sent them away as Foreigners , appear never to have been look'd upon by the People of England as English Guards . We come next to consider the Practises of the Faction upon the last General Assembly of our Church , in order to abate the Peoples Zeal for our Establishment at Darien . This of it self is sufficient to demonstrate that the pernicious Counsellours have still the ascendant against us . It 's well enough known how those of the Assembly that were for the Interest of the Colony were forc'd to fight for every inch of Ground ; that those who were manag'd by the Influence of the Faction , appear'd more openly against the Interest of the Country in the Committees , than they dar'd to do in the Assembly . Nor is it to be forgot what opposition they made to the Name Caledonia , which however was all they were able to carry . A Noble Victory ! well becoming the Antesignani of Church and State , and for which no doubt they ought to be well rewarded out of the Treasury . We are sensible that many of those Ministers who were deceiv'd by the Agents of the Faction , have now seen their Error , and that notwithstanding all the Tricks made use of , things were set in a clearer Light there ; and that the Interest of the Country carried it , as is evident from the Act enjoyning a Fast , which owns our plantation abroad to be a great National Concern , and the Disappointments it hath met with to be National Rebukes . Yet since the Compliance of that Assembly so far , with those that are Enemies to our Colony , hath in a great measure disgusted the People , it 's the more incumbent upon the Presbyterians in Parliament to retrieve it , and by a steady and firm adherence to the Interest of the Nation , to oppose a Standing Army , and to concur in every thing that may tend to the Security and Advancement of our Colony , We are sure if they don't act contrary to their own Principles they must do so . The poor Country Ministers , who for the most part have more Honesty than Policy , may be imposed upon by the sly Insinuations of crafty ill Men , that if the Presbyterians don 't fall in with the Party , another Parliament shall be call'd to establish Episcopacy : But we hope Gentlemen , and Members of Parliament , know better Things . Admitting it to be true that the Faction hath threatned to do so ; it is contrary to the Divine Rule , to do Evil that Good may come of it , or to commit Sin to avoid Suffering . Nor will it be in the power of the Faction to abolish Presbytry , so long as it has the Affections of the People . It is likewise evident , that if the Presbyterians adhere at this time to our Civil Rights , the Nation will be more and more endeared to their Constitution , and it will be one of the most effectual means to convince its Enemies , that our Discipline is not only best accommodated for the preservation of Religion ; but likewise for the Support of Civil Liberty . It 's also evident , that if the Presbyterians adhere to the Interest of the Nation , it will be impossible to overturn their Church Constitution , without shaking of the Throne ; since it is one of the fundamental Articles in the Claim of Right upon which His Majesty received the Crown . But if the Presbyterians should at this time take part with the Wicked Counsellors against their Country , and by that means lose the Affections of the People , they infallibly ruin their Church Constitution , which may be demonstrated thus . Presbyterian Government was first settled in Scotland , at the time of the Reformation , by the Affections of the People ; it hath been supported by that same Means against all our Courts to the late Revolution , and was restor'd to be the National Establishment then , because most agreeable to the Inclinations of the People , and 't is for that only reason it hath been continu'd since , because the Court found it the best Method for securing their Interest in Scotland . But if once it lose its ground in the Hearts of the People , as it must unavoidably do , if the Presbyterians at this Juncture act contrary to the Interest of the Kingdom , then the Court will overturn Presbytery of their own accord , both from a Principle of Interest and Inclination . That it will be their Interest so to do is plain , for if Presbytery once lose the Affections of the People of Scotland , it can be of no more use to the Court , but will afford them as good an opportunty as heart can wish , to ingratiate themselves with the Church of England , which is by much the greatest Interest in that Nation . That it 's the Inclination of the Courtiers so to do ▪ we have no great reason to doubt ▪ it being well known that they have several times broke in upon our Laws since the Revolution , in favour of the Episcopal Party . Witness the long time they took to consider whether they should allow us Presbytery or not , after Prelacy was Annull'd by the Convention of States ; and their Adjourning and Disolving the General Assemblies of our Church , contrary to the express Statute when the E. of Lothian was Commissioner , besides several Arbitrary Letters sent to the Assembly , and Commissions of Assemblies to put a stop to the Exercise of the Jurisdiction the Law had invested them with . It 's no way improbable , that the pernicious Counsellours , who endeavour to make Tools of the Presbyterians , for carrying on their present purposes , have also the ruin of Presbytery in view in Conjunction with their other designs against our Nation , they put them upon those Measures to disoblige the People , and divert their Inclinations from Presbytery , that so they may have a fair pretence for getting the Law that Establishes it repealed , since it 's founded upon the Peoples Inclinations . If they be able to effect this , all the Laws in f●vour of it will be but so many Cobwebs ; our Parliament themselves will be provok'd to Annul them , or if they should not think it their Interest so to do , the Faction will certainly break through them . It 's in vain to suppose the contrary , for since they have broke in upon our Sov●reignty and Trade , which all but those who depend upon the Faction , are unanimous to defend ; they will find it a much easier task to overturn Presbytery , when back'd by the Church of England abroad , and a strong Party at home . We heartily wish this may never happen to be the Case , for abstracting from all Theological Arguments in favour of Presbytery ▪ which we are satisfied are unanswerable ; we are fully convinced that it 's as much the Political Interest of our Nation ▪ to maintain that Form of Church-Government in opposition to Episcopacy , as it 's the Interest of the Wise Venetians to exclude Church-men and their Dependants , from having any share in the Civil Government , and upon the same account too That Sage Republick excludes their Ecclesiasticks because they depend upon a Foreign Head , and therefore are liable to tentations , to espouse an Interest opposite to that of their Country . It always has been , and must be the same with Bishops in Scotland , since we have no King of our own but in Partnership with another Nation who Claim Ten ●arts in Twelve ; or to speak the plain truth , allow us no share in his Government at all , but in order to subject us to themselves , or to secure or promote their own Interest ; and therefore since all our Bishops must depend upon the King of England for their Nomination , and Conge d'Eslire , since they must be acted by the Church of England , an irreconcilable Enemy to our Nation , since we have found by our own Experience , that the Bishops went always along with the Court to enslave the Country , and since they concurred in Parliament to exalt the Prerogative to that Blasphemous hei●h● over Church and State , it arrived to in the late Reigns . It must of necessity be the Interest of Scotland to oppose that Form of Government , and so much the more , that our Episcopal Party don't think it of Divine Institution , as appears by the first Act of Lauderdale's Second Parliament . By parity of Reason it 's our Interest to maintain Presbytery , because that Form has no dependence on the King of England , our Ministers have no Honours nor Benefices from him , and ●y consequence are under no such ●entations as the Bishops are , to a●● contrary to the Interest of their Country . Besides Presbytery admits Laymen into all its Courts , which is absolutely necessary to prevent Ecclesiastical Ambition ; it 's an effectual restraint upon them from decreeing such Doctrines as Passive Obedience , and hinders them from Preaching Mankind out of their Lives and E●ta●es , into a Slavish Subj●ction to Princes ; had it been otherwise , we have good reason to think that the Interest of the Country would not have carried so much as it did in the last General Assembly . From all this it will naturally result , that it's incumbent upon our Parliament to take measures for securing the Church against such Threats as the Faction made use of to induce the Ministers to a Compliance ; this is so much the more reasonable , because tho' Pres●yterian Ministers may comply with the designs of Courts against the Liberties of the Subjects , Bishops must , and they are so much the more dangerous , because they have a Power in the Legislation , and are commonly so many Votes on the Courts side ; whereas by the present Constitution , the Clergy have no such Power . I● the Parliament of Scotland should demand from His Majesty a further assurance for the Constitution of our ●hurch , it 's no more than what our Neighbours in England have from time to time done as to theirs , and wherein His Majesty did as readily comply with them . To this end it would seem to be no unreasonable demand if the Revenues of the Bishopricks that are not already appropriated to Pious Uses , were applied to the use of our American Colony . This is so much the less to be objected against , because the Establishment of our Plantation tends to the propagation of the true Christian Faith , it would be an effectual way to prevent the Restitu●ion of Episcopacy in this Nation , which can never be done without throwing all into Confusion again , which would utterly obstruct our Trade ; besides it were but a just reprisal , since it is from those of the Episcopal Party in England that our American Settlement me●●● with the greatest opposition there . If ●t b● objected that those Revenues have fa●len to the King as Vltimus Hoeres , we answer , that as we never see a King amongst us , there 's no reason we should augment his Revenue , that the Parliament of England have appropriated to Publick Use , the Irish For●eitures ▪ which by the ordinary Course of Law sell to the King , and that His Majesty is obliged by the Act establishing our Company , to obtain a Reparati●n of their Loss at the Publick Charge , All this being considered , such a dem●nd cannot any ways seem unre●sonable , and so much the less that this Fund is already settled , and would be no new burden to the Subject . These things we have insisted the more upon , because some People took the opportunity to improve the proceedings of the Assembly to the disadvantage of the Presbyterians , and openly boasted of it , as a handle to restore Episcopacy . But we hope that neither this nor any fu●ure Parliament of Scotland will be so Impolitic as to attempt that . It 's well enough known the Presbyterians look upon their Form of Church-Government to be of Divine Institution , that most of them have suffered for it , and some hundreds of them have sealed it with their Blood ; therefore 't is no wonder they should prefer it to all Temporal Advantages whatever ; and shew more than an ordinary Compliance with what they are told is the Mind of a Prince whose Family and Person they have reason to esteem , and to whom they have been more obliged than ever they were to any ; there 's so much the less reason to wonder at their Compliance , when we consider what endeavours there have been to persuade them , that the greatest Zealots for our American Settlement , are their mortal Enemies and seek their overthrow : Nor indeed have we any reason to wonder at the opposition of the Court , when His Majesty is informed that the Aff●ir of Darien is a Jacobite design at the bottom , and that a Presbyterian Lord should be so far possessed with this Calumny , as to assert it in opposition to our Colony in the English House of Peers . Therefore it would seem to be incumbent upon our Parliament to enquire into the Authors of such malicious Suggestions . This is so much the more necessary , because our Enemies endeavour to maintain their own Cause , by creating in us a mutual distrust of one another , and dividing us amongst our selves by false reports . Thus some of the greatest Men of ou● Kingdom , as well as the greatest Friends of our Colony are sometimes traduced as carrying on a Jacobite design , and at other times r●proached as falling in with the Factions a● Court , that have declare● themselves so openly against our Country . But to return to the Presbyterians , as we would not be thought to disuade them , or others , from entertaining high and dutiful thoughts of our most gracious Sovereign King William , yet on the other hand , as they never believe● Kings to be in●allible , we would have them to beware how they fall in with such measures as ill Men about His Majesty may put him upon in relation to our Country and Colony . We would not have them to lick up the Vomit of Passive Obedience that the Church of England hath ●pewed out , and though we would have them and all good Subject● to account His Majesty's Person Inviolable and Sacred , yet there 's no reason that all a●out him should have the same priviledge , or be protected from Justice when they invade the Fundamental Laws of ●ur Nation , nor would we have them to obstruct the Peoples demanding a Redress of Grievances , or not to concur with the Parliament to maintain their Authority which is so manifestly violated , for this would be a direct breach of the Solemn League and Covenant , which ob●●ges the Nation to maintain the Authority of Parliaments , as well as his Majesty's Just Right and Prerogative . It had been time long ago to have drawn to a Conclusion , but the Pressures we labour under are so many , that we hope they will make an Apology for the length of this Discourse . It being evident that most of our Grievances proceed from His Majesty's absence , and our Circumstances being so unhapy , that we are no more to expect our Kings should reside amongst us . We have no other Remedy but to Address our selves to our Parliament , that they would take care to make up that want by good and wholsome Laws , which it 's hoped His Majesty will very readily agree to . Many Particulars might be insisted upon , but those which seem most necessary , are , a Law for a New Parliament once in three Years , as our Neighbours in England have , that in future Reigns we may not be liable to be undone by a Band of Pensioners , under the Notion of Representatives . 2. That we may have the benefit of a Habeas Corpus Act as well as our Neighbouring Nation , and so much the more , that we seem intitled to demand it by the Article of , the Claim of Right , against Imprisoning Persons without expressing the Reason , and delaying to bring them to Tryal . 3. That some effectual Method be taken to prevent spending so much of our Money in England by our Nobility and Genty ; this is a Disease which feeds upon the Vitals of our Nation , exhausts our Treasure , and consumes our Substance , which ought to circulate at home amongst our own poor People , who labour for it with the Sweat of their Faces . It depraves our Principles and Morals , as is but too demonstrable from many sad Instances . How many of those who liv'd unblamably at home , have been debauch'd by the licentious Practises , and the Example of the Court of England , and the bad Conversation they have met with in London ; and how much has their bad Example tended to spread the Contagion , when they return'd to their native Country . There 's nothing in the World that renders our Nation more contemptible in the Eyes of the English , than the frequent Recourse of our Nobility and Gentry , to their Court , for they presently conclude that we are come either to complain of one another , or to sue for Places and Pensions , and in any of these Cases they are sure to make their advantage of us . They know well enough that the favour of Minions , or of that Party that has most Interest at Court , is absolutely necessary for such Parties or Persons in our Nation as would succeed in their Suits to the King , and that we must either bribe the Favourites , or make a Sacrifice of the Interest of our Country to the Court ( if not both ) before we can obtain what we seek ; they know likewise that for our own Honour , we must make a Figure there answerable to those of the same Quality in England , which occasions our consuming a gre●t de●l of 〈◊〉 in their Country , and many times obliges persons of Qual●●y 〈…〉 Tr●a●esman's Debts at London , and to Mortgage their 〈…〉 Security : all these things together keep us in a Sl●vish Subjection to the English , which they being willing to perpetuate , use all possible endeavours to nourish Discord amongst us , and to keep us Low. This was plain from those barbarous Proceedings against the Presbyterians , which the Court of England fomented , and from the successive Imposts upon our Commerce , which they enacted in the late Reigns ; and is equally demonstrable now , from their Practises against us , and raising Divisions amongst us , in relation to our Tr●de . This one would think should be sufficient to put our Parliament upon finding out Methods to prevent this constant Recourse of our Nobility and Gentry to London , and to take effectual Measures to have our Affairs duly represented to His Majesty , by such as it shall not be in the Power of the English Court , either to bribe , or to frighten from their Duty . It 's humbly conceiv'd a Committee of Parliament , chosen by the Parliament it self at every Sessions , and accountable to them for their Administration , were most proper for that end , and that they should depute one or two of their Number to attend His Majesty constantly , with Power to send and recall them as they saw meet : fo● His Majesty's Secretary , being his own Domestick , and by consequence under command , and liable to be turn'd out at pleasure , cannot be presum'd to be so fit to be intrusted with the Af●●i●s of a Nation , which is unhappily depriv'd of the Presence of their Sovereign , as Persons who are chosen by the Nation it self . This it 's humbly conceiv'd would oblige the Court to have more regard to the Welfare of our Nation , and to be more cautious how they invade our Freedom and Rights , than hitherto they have been . It is not reasonable that we should be govern'd at home by His Maiesty's Domesticks , and such as he pleases to join with them for Privy Counsellors . It 's enough for them to attend His Majesty's Houshold Affairs : Nor is it at all proper that we should be govern'd by the Servants of a Prince , who in relation to us is not his own Master . The English Courtiers will be very angry at this Assertion ( we doubt not ) as they were at some of the like nature in the Enquiry into the Miscarriages of our Colony at Darien ; and particularly that the K. of Scots was a Prisoner in England ; for which though they burnt the Book as ●al●e , they themselves have now prov'd it to be true beyond Contradiction , by telling h●● in their Ad●ress , that what he had done against us was agreeable to the se●e of both Houses ; and acquainting him further , that our Settlement at Darien is inconsistent with the Plantation Trade of England . This is so far from convicting us of F●lshood , for ●ayi●g they keep our King Prisoner , that on the contrary it is 〈…〉 him in Chains , to prove it to be true ; having thus 〈◊〉 , th●t our Settlement is contrary to the Interest of Engl●●d 〈…〉 they had bid him look to himself , if he 〈…〉 to encourage it ; for by their Treatment of him in other respects , we may rationally infer that they would never have digested such Invasions upon their Sovereignty and Trade . so calmly as we have done . We know that His Majesty's Circumstances , as to England and Holland , are made use of by our Courtiers to excuse those Invasions , that have already been made upon our Soveraignty and Trade : but we hope this will be so far from prevailing with a Scots Parliament , to comply with the Measures of the Court , that it will rather put them upon effectual Methods to secure us against them ; since our King is so unhappily circumstantiate , that he is not in a condition to perform his Duty to us , it 's so much the more incumbent upon our Parliament to perform theirs , and to supply what His Majesty cannot do . He is as much our King , as if he were no way concern'd with England or Holland , and is as much oblig'd to promote our Interest , as if he had no other to promote but ours . If the Union of the Crowns make it otherwise , it is a fundamental and insupportable Defect in our Government , that makes it uncapable of answering its end , which by the Laws of God and Man is the good of the People , or govern'd Society ; therefore the States of the Kingdom are concern'd to look to it , and redress it , as they will answer it to God , to the Nation , and their own Consciences . It 's plain from the 13th of the Romans , which hath been so much wrested to maintain the wicked Doctrine of Passive Obedience , and Non-resistance , that before Governments can lay any Claim from that Text , to Submission or Revenue from the Subjects , they must make it appear that they are such Powers as are there described , viz Ministers of God for good to the Subjects , which is plain and demonstrable the King of England can never be to the People of Scotland , if the Union of the Crowns make him prefer or espouse their Interest to the Dammage of ours , which the Houses of Parliament in England do plainly demand in their Addresses . From whence it 's evident , that if these Grievances cannot be redress'd , such a Government is not what we are oblig'd to submit to , by the Law of God. As to our own Constitution , it 's well enough known what our Ancestors did , in relation to those Kings that subjected us to the English , and how they vindicated themselves from that Invasion , both by their Pens and Swords , when we were reduc'd much lower by the Court of England , in conjunction with our own Traytors than we are now , as to the Laws of Nations , whatever Gulielmus Cardinalis may possess some of his Brethren of the Clergy with , to the contrary ; we are sure that Alexander , Cardinalis , Iason , and Imola maintain , that a Prince who governs a free People cannot render them Slaves , or subject to the Dominion of another Prince , nor can the Barons of that Kingdom transfer the Prerogative of that Liberty they have receiv'd from their Ancestors , upon any other than their own Lord : and the famous Bodinus says , if a King who is subject to none , do either of his own acco●d , or be forc'd against his Will to serve and obey another ▪ be loses the Title and Rights of Majesty . We see then in what a Condition these pernicious Counsellors , who have advis'd the King of Scots to do such things as make the Kingdom of Scotland subject to that of England , would bring His Majesty ; we never lov'd any Prince so well as King William , and are willing still so sacrifice our Lives and Fortunes for him as our Lawful Sovereign : But there 's no reason we should make a Surrender of our Freedom and Trade to the Humour of those pernicious Counsellors about him , who betray his Honour and Sovereignty in betraying ours : It being certainly more for his Majesties Glory to be Sovereign of two ●ndepen●ent Kingdoms , than to be but Sovereign of one , and V●ssal to himself for another . From all this it follows , that the Parliament of Scotland have a right to address his Majest● , that such Persons as advise him to those things ought to be remov'd from his Presence and Councils forever , as Enemies to the Dignity of the Crown , and the Peace of the Nations . It were also proper for retrieving the Honour of our publick Justice , that an Address should be made for removing those from his Presence and Councils , that stand charg'd with being privy to a design to assassinate King Charles II , with having Pensions in the late Reigns for secret Service , and with Accession to the Massacre of Glenco , and that the Actors in that barbarous Murder should be punish'd according to merit . Nor ought it to pass without enquiry , by what means those Persons under Condemnation for a b●rbarous Rape , and other inhuman Treatment of the Lady Lovett , come to be reprieved from time to time , to the scandal of the Justice of the Nation , and that one of them should be suffer'd not only to lurk in Engl●nd , but have access to our Great Men in the Government , tho a declared Rebel and Traytor , and ought to have suffered in Scotland for Theft and Murder . Certainly it is not for his Majesties Honour that the Court should be made a Sanctuary for the blackest of Criminals , and much less that we should be govern'd by the advice of any such , who besides have no Estate nor Interest in our Kingdom . But this is the effect of our not having insisted to have the chief Instruments of the Tyranny and Cruelty of the late Reigns made publick Examples . Others are not only encourag'd to follow their Steps , but it seems our Administration must be chiefly entail'd upon Men of that Kidney . It would also seem absolutely necessary , that an enquiry should be made into those that advis'd the turning so many Persons of Quality out of Council , and other Posts of Honour and Advantage , for opposing a Standing Army , &c. last Sessions . This is not only contrary to the Claim of Right , which demands freedom of Debate and Speech in Parliament , but tends to the utter subversion of all our Liberties ; for Parliaments are of no use if Members may not have liberty to vote there , according to the Dictates of Honour and Conscience : This is a plain ●emonstration that the Courtiers design to carry on an Interest opposite to that of the Country ; and that we are riding Post to the Tyranny of the late Reigns . It shews also the height of Contempt for our Nation , since our Neighbours of England are not so treated ; it being well enough known there , that Lords of the Bed-Chamber , and Officers of the Army , voted against a Standing Force in that Kingdom , without being turn'd out of their Posts , or any ways disgrac'd for it . To what a miserable Condition are we reduc'd then , when the Parliaments of Scotland , that formerly gave Laws to our Kings , cannot now espouse the Interest of their Country without being thus trode upon . This proves the absolute necessity of keeping Officers , and others that h●ve dependence upon the Court , or Pensions from it , out of our Parliaments . Let us do all we can in that matter , the Court will have always more than its proportionable Influence there , by such Lords as have a dependance upon them , and those Officers of State that are allow'd to be in the House . The Farming of the Customs by the Royal Burroughs , ought also to be taken into Consideration ; for if that be found to have an influence on their Votes in the House , i'ts ● much against the Claim of Right , as these Proceedings complain'd of there , that were judg'd to be equal to the King 's naming that entire State of Parliament . It 's therefore hop'd that the Royal Burroughs will , by their behaviour in Parliament , vindicate themselves from all Suspicion in this Matter , and that they will not concur with any Design against the Trade of the Nation , wherein they have so great a Concern ; especially when they consider that the more Restraints there are upon it , of the less value will their Farm be , if it be thought fit that it should be continued . We might enlarge in I●finitum , the Grievances and Wants of our Country are so many ; but must draw to a Conclusion , after having proposed some few things more . It seems absolutely necessary our Parliament should enquire what good Laws are needful to secure our Constitution , and to provide for it accordingly . In order to this it would seem requisite , that a Committee should be appointed to consider what our States insisted on in 1641 , as our Native Right , and what the English have obtain'd since the Revolution for securing their Liberty and Property . His Majesty if he be allow'd by our Enemies , to testify his paternal Affection towards us , cannot , nor will not think it hard if we demand that , and more , since we are reduc'd so low by the Oppressions of former Reigns , have lost so much by the Absence of our Kings , now almost for 100 Years , and are depriv'd of all hopes of having them reside amongst us any more . The Damage we must of necessity sustain by that alone is very great , and not to be compensated by any Equivalent we can propose ; for do what we can , our Princes must be educated in a Country , that as His Majesty himself has been pleas'd to express , it is like to interfore too often with us in point of Trade ; and he plainly sees they have no Disposition to an Union with us , by which it might be prevented . Since we are so unhappy , as to have our Princes educated by those who differ from us , both as to Church and State , and that by consequence they must needs be bred up in an Aversion for our Constitutions : It 's absolutely necessary we should have Laws to secure otherwise it will be a perpetual Source of Discord betwixt Prince and People , and a Seminary of Division betwixt the two Nations ; to prevent which as it's the Duty , so it ought to be the Care of every Prince that wou'd shew himself to be a true Father to his Country . That this fear of creating in our Princes an Aversion for our Nation and Constitution , is but too well grounded ; time past hath prov'd beyond Contradiction , and we wish that time to come may not prove it farther . If we take but a cursory view of the behaviour of our Kings to us since that Union , the marks of their Aversion towards us , stare us in the Face . K. Iames our Sixth , and their First , tho a Native of Scotland , and swore at his Accession to the Crown of England , he would visit us once in three Years , never came near us afterwards but once ; and that only to strengthen the Faction amongst us , that had joined with him , in endeavouring to inslave us . K. Charles I , tho likewise a Native of Scotland , the first time that ever he came near us was with an armed Force to subdue us , because of our struggling against that Slavery , of which his Father had laid the Foundation . Having after this , under Pretence of a mock Treaty ▪ sown the Seeds of an unnatural War , which soon after broke out in our Nation , by Montrosse , and the Irish Rebels that join'd him , he never came near us more , till Necessity constrain'd him to flee to our Army . At that time , it 's known we made honourable Terms for him with the English , and such indeed , as neither his Circumstances , nor our own could oblige them to make good ; which , considering the Provocations he had given us , and the Slights put up●n us , in all Treaties during that War , as is testified by Whitlock in his Memoirs , and other English Writers , could proceed from nothing but an Exuberrant Affection , to a Prince that all along had testified such an Asiersion for us . His Son K. Char. II. he came to us in his Distress , or to speak more truly , we invited him to a Crown when he had not so much as a Cottage , and exposed our selves to Ruin and Devastation for his sake ; yet after the Restauration he never came near us , but ungratefully overturned our Constitution in Church and State , cut off the Marquis of Argile's Head that set our Crown upon his own , and made those injurious Acts which ruined us in our Trade with England . King Iames our VII . and their II. when chased from England as a Traytor , and in danger of being excluded from their Crown , we received him with open Arms , Settled our Succession upon him , and turned the Balance in England on his side . Yet he never once came near us afterwards , but by his despotical Proclamations overturned the small remains of our Liberties that his Brother had left , and wounded our Religion and Laws both at once . King William for whom we have shed so much of our Blood in Britain , Ireland , and the Netherlands , and whom we allowed a Standing Army when the Parliament of England would scarcely allow him his Guards . He hath never yet honoured us with his Presence , and we see how we have been treated by wicked Counsellors about him , how our Sovereignty is trampled under foot , our Trade opposed , our Men starved , and our Colony by that means deserted . Certainly these Instances are enough to justifie our demands of having Laws for the security of our Liberty as good at least , if not better than those of our Neighbours , since our Kings have ever since the Union been in the Hands of our Enemies , and that there 's little probability of its ever being otherwise . To come to a Conclusion our Trade is the thing that 's now struck at , and tho' we be a Soveraign free People , have Heads , Hearts , Hands , Commodities , Harbours , some measure of Shipping , and good Laws to encourage our carrying it on ; yet our Neighbours will not allow us to do it , but break through all the Laws of God and Man to put a stop to it : Our King that should protect us and go in and out before us , is in the Hands our Enemies , that plainly tell him our Trade is inconsistent with theirs , and that they expect the preference ; and in a word , he is forced to act against us : What shall we do then ? Because our King is a Prisoner must our Parliament be so too ? Because he cannot do what he would and what he ought , must not they do it neither ? Because some of our Country-men about him , and who have posts under him concur with our Enemies to betray us , must not the Representatives of our Country redress us ? Must we who never allowed our Princes when at home and governed by our own Councils , to plead their Prerogative contrary to Law , suffer our Princes now , when govern'd by Foreign Councils , to swallow up our Laws and Constitution by pretended Prerogative ? We see that no Kings can either by the Laws of God or Man plead any Prerogative that 's inconsistent with the good of the People , and our Kings least of any . Our Neighbou●s may boast of their Magna Charta , and other Priviledges granted them by their Kings . We have something more Glorious to boast of , ond that is , our Kings have no Prerogative but what was granted them by us . Our Ancestors who first inhabited this Island , did not receive their Lands from the Gift of a Conqueror or General , who afterwards made himself Prince , as happened to most other Nations in Europe , but being possessed of a Country , we sent for Fergus and made him King , and let his Eldest Son Ferlegus know to his cost , that we chose a King for our own good , to be our General , fight our Battles , and not to to Luxuriate in Wealth and Pleasures ; that Ambitious Youngster was quickly made sensible that we never intended our Crown should be Hereditary in such a manner as to be entailed upon the Heads of Fools and Madmen ; in like sort when we were banished the island by the Britains , Picts and Romans , we sent from the Western Islands where we kept Possession , for Fergus II. and made him King , and under his Conduct recovered our Country . In a word , in all the Revolutions of Time and Government , it 's plain from our Histories , that our Kings always received their Crowns at our Hands , upon such Conditions as we thought fit in the respective Junctures ; from whence it follows that our Kings have no Prerogative but what they must plead from Act of Parliament , and that whatever they cannot justifie that way , is an Usurpation of that Right which we still keep in our Hands . Our Case is not like that of other Nations who obtained their Priviledges from the Favour and Clemency of their Conquerors , without whose Consent they could make no Laws ; on the contrary we always reserv'd the Sovereign Power in our selves , and hence it was that our Ancient Parliaments or Meetings of the States did so frequently call our Kings to their Bar , and met without their Consent when the urgent Affairs of the Nation did require it . Hence it was that their Resolves had the force of a Law , whether their Kings consented or not ; and that they dethron'd them for Male-administration , as happened to Baliol , Q. Mary , and others ; and by that same Authority they forfeited the late King Iames. Is it not strange then , that we should now suffer our selves to be bubled out of our Sovereignty and Trade by the idle Stories of Parasitical Courtiers , who tell us His Majesty is forced to Grimace to Please the English ? Will not all the World cry shame upon us , and Posterity curse us if we be hectored out of our Liberties by the Bugbear of a Prerogative cryed up by a Mercenary Lawyer or two , who betray all Causes that ever they take in hand ? Such Gentlemen , we doubt not , will presently cry our Treason , and plead that this Book ought to be burnt as the Enquiry was in England ; but if what is here said be not our ancient and true Constitution , let us burn our Histories and Acts of Parliament that mislead us ; let us cancel all our Acts establishing the Reformation ; let us condemn our Claim of Right to the flames , and abjure Parliaments for ever ; let us cancel our Coronation Oath and to crown the work ; let us send over to St. Germains and pray the late King to return again , and Govern us by his Absolute Power , uncontrolable Authority , and Proclamatious cassing and annulling all our Laws ; and to this let us promise him Obedience without reserve . If it be not this , it is something as bad the Faction seem to be a●ming at , when they make Invasions upon our Sovereignty and Commerce , give frivolous Answers to all our Complaints , falsify Promises of Redress , murder our Subjects abroad by fraudulent Proclamations , delay the Meeting of our Parliament , though our bleeding Honour and Interest require it ; forbid Petitioning for a Redress of those things by Proclamation , and seem rather to upbraid than to answer us when it is presented : If to give Money to keep up a Standing Army to protect the Advisers of those Grievances , and compleat our Slavery be of more consequence to the Nation than to have those Grievances redressed , let us begin with that the Faction calls the Kings Business , but if the Crys of an Ancient , and Gallant , though oppressed Nation , that reach up to the Heavens be of any weight , let 's give the Redress of those Grievances the preference . Our Company for trading to Africa and the Indies , have by their Memorials and Addresses , asserted our Rights as became true Patriots of their Country . May it never be said we are so much degenerated , that our Parliament shall not as much outdo the Company in this , as they are Superior to them in Interest and Power . This Company is the Creature of our States , ( for the Faction will not suffer His Majesty to own it ) therefore they are oblig'd in Honour and Duty to support it ; we hope then it will be no unreasonable Request if the Nation desire , that the Money that was spent on a Mercenary Army to enslave us be given for the Support of a Trading Company to enrich us , and that our Law-givers would likewise be pleas●d to consider the Groans of our poor opp●ess'd People throughout the Kingdom , m●ke Laws for encouraging our Husband-men to plant and inclose , to advance and incourage our Foreign and Fishing Trade , and to prevent the levying of our Men for English , or any foreign Service : Must we be perpetually condemn'd to breed up Men to be destroy'd in the defence of other Nations , after we have been at the Expence of their Maintenance and Education ? Must we still be depriv'd of the Fruits of their Labour that should rewa●d us , and of their Off●pring which would strengthen and enrich us ? What vast Sums do we lose every Year by the Multitudes of our People , that are forc'd to go abroad for want of Imployment at home , and how much our want of good Laws to incourage their Industry , and secure their Property discourages such of them from returning again , as acquire Estates and Substance abroad , is obvious from many Instances ; but from none more than that late one of Sir William Brown , the great Dantsick Merchant , who , upon that account chuses rather to become a Purchaser in England , than to return to his native Country . Thus we have spoke our Mind freely , as we think it incumbent upon all true Scots-men in this present juncture to do . The Grievances here pointed at , are to be remedied no otherwise but by Parliament , and tho it be scarcely consistent with our Safety , that one Parliament should continue so long as this hath done , because of Members being liable to Tentations by Pensions or Places ; yet there may perhaps be a Providence in it , that God would reserve the Honour of compleating our Deliverance from Tyranny , by the same Parliament that had so gloriously commenc'd it . Our Kingdom never had greater Provocation to resent the Treatment of wicked Counsellours than at present , nor could we expect a more favourable opportunity for it . The House of Commons in England have set us a noble Example , pour'd Ignominy and Contempt upon some of those Evil Counsellours , and have squeez'd the Purses of others : we have as good reason as far as our Case requires it to take the same Method . We have reason to apprehend that our Grievances proceeds from some of the same Persons . It 's well enough known that those by whom we are chiefly govern'd have all their dependance upon them ; and since we find them to be such as are capable of Bribes , to give His Majesty such Advices as are inconsistent with his Promises to the Parliament of England , and by them declared capable of creating a Misunderstanding and Jealousy betwixt him and that People . Why should we not think they are guilty of the same things , in relation to us . If they be such as take Money to act contrary to the Interest of that potent Nation , what should hinder them from taking Bribes to ruin the Honour and Trade of ours ; if they shew such favour to Irish Papists against the Interest of Great Britain , and the Protestant Religion , Why may they not take Bribes from the Spaniards or French , nay from the Pope himself , to oppose our Settlement in America , since he dreads it so much . At the same time it s known we have Enemies nearer home , and such as understand the Art of Bribing too : They have declar'd themselves so much in opposition to our foreign Trade , as demonstrates they would not grudg some Money to have it totally obstructed . This makes it necessary to enquire how our Treasury has been manag'd at home , which way our Forfeitures here have been dispos'd of , and whether we have any within our own Bowels , that have the Art of taking Money , or are possess'd with Souls mean enough to become Deputy Pensioners to those great ones : It were one good way to try it , to see who would oppose a Vote in Parliament , that such as shall be found guilty of taking Bribes , Pensions , or Places to vote for a Standing Army , and against a Tax for maintaining our American Colony , be for ever declar'd uncapable of sitting in Parliament , or of bearing any publick Office in the Kingdom . This is so much the more necessary , that 't is openly discours'd in England , as if a great Sum of Money were to be dispos'd of for that end , and that Precepts are drawn to pay it accordingly upon the opening of our Parliament . It 's to be hop'd that none of our Nobility and Gentry , who have been formerly so renown'd for gallantly defending their Country , will be bought off from espousing its Interest in this critical juncture . Pensions and Places can't be assur'd to their Posterity ; where as the Shame and Ignominy of such a Practise will render their Name and Memory as execrable to the Scottish Nation as are those of the infamous Baliol and Menteith , and be eternal Monuments of Disgrace and Reproach to their FAMILIES . Vitam quam Patriae debeo , ei devovi ; cui si aliam opem affere non possim , piis , erga eam conatibus immoriturus sum . FINIS . 
A58743	----	A proclamation for calling out heretors and free-holders to attend the Kings host Scotland. Privy Council. 1679 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58743 Wing S1848 ESTC R6230 13698726 ocm 13698726 101450 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58743) Transcribed from: (Early English Books Online ; image set 101450) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:53) A proclamation for calling out heretors and free-holders to attend the Kings host Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, printer to His Most Sacred Majesty ; Edinburgh : And now re-printed at London, 1679. "Edenburgh, the seventh day of June, 1679." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Proclamations. Broadsides -- Scotland -- Edinburgh (Lothian) -- 17th century 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HONI SOIT QUI MAL Y PENSE DIEV ET MON DROIT A PROCLAMATION , For calling out Heretors and Free-holders to attend the Kings Host . EDENBVRGH , the seventh day of June , 1679. Forasmuch as the Insurrection in the Western Shires , is grown to an open Rebellion , and that the number of these desperate Rebels do increase so , that all His Majesties loyal Subjects in their several Shires , ought timeously to look to their own security , and put themselves in a posture to defend the Kings Authority , and to oppose all attempts of desperate and wicked Rebels ; And albeit His Majesties Privy Council have already issued forth their Orders for drawing forth the Militia Forces , Horse and Foot , in several Shires , and appointed particular days of Rendezvous , and upon such occasions may require all sencible persons , betwixt sixty and sixteen , to rise for suppressing of these Rebels ; yet at this time , they have thought fit only to call out and require the Regiments of the Foot Militia , in the Shires aftermentioned ; and all Heretors and Free-holders , who are sencible persons , and their Servants and followers , to come out upon Horse-back ; And for this cause , to forbear to require the Militia-Troops , in these Shires under-written , at this time , notwithstanding of the Orders already issued forth , in so far as concerns the Horse Militia alanerly : And do hereby Require and Command all Heretors and Free-holders , who are sencible persons , with so many of their Servants and Followers as they can bring on Horse-back with Arms , within the Shires of Edenburgh , Linlithgow , and Peebles , Haddingtoun , Stirling and Clackmannan , Berwick , Roxburgh and Selkirk , Fife , Perth , Forfar , Kincardin and Marischals part of Aberdeen , Bamff and Errols part of Aberdeen , Ross , Elgin , Forres , Nairn , and this side of Ness , to conveen at the places and times after-mentioned , and to receive their Orders , and to be under the Command of the persons under-written , viz. Edenburgh to meet at the Links of Leith upon the eleventh day of June instant , and to be under the Command of the Lord Collingtoun ; Linlithgow and Peebles to meet at the Links of Leith the eleventh day of June instant , and to be under the Command of General Dalyel ; the Shire of Haddingtoun to meet at Beinstoun-Muire , the eleventh day of June instant , and to be under the Command of the Viscount of Kingstoun ; Stirling and Clackmannan to meet at the Town of Stirling , and from thence to march to the Links of Leith upon the eleventh day of June instant , and to be under the Command of the Lord Elphingstoun ; Berwick to meet at Fogo-muire upon the eleventh day of June instant , and to be under the Command of the Earl of Home , and in his absence , his brother Charles Home ; Roxburgh and Selkirk , to meet at Ancrum-bridge upon the sixteenth day of June instant , and to be under the command of the Lord Elibank , and the Laird of Stobbs , who are to co●mand according to the devision of the Militia Troops ; Fife to meet at Coupar , the twelfth day of June instant , and to be under the command of the Lord Newark ; Perth to meet at Perth , the thirteenth day of June instant , and to be under the command of the Marquefs of Montrose , and such persons under him as he shall appoint ; Forfar to meet at Forfar ; upon the thirteenth day of June instant , and to be under the command of the Earl of Southesk ; Kincardin and Marischals part of Aberdeen , to meet at Aberdeen Links upon the nineteenth day of June instant , and to be under the command of the Earl of Aboyn ; Bamff and Errols part of Aberdeen , to meet at Turreff upon the nineteenth day of June instant , and to be under the command of the Earl of Kintore ; Elgin , Forres , Nairn , and this side Ness , to meet at Forres upon the twentieth day of June instant , and to be under the command of the Earl of Murray , and in his absence the Lord Duffus ; Ross to meet at Chanry the twenty third day of June instant , and to be under the command of the Earl of Seaforth ; and ordains all the Heretors and Free-holders of the Shires benorth Forth , to march immediately after the Rendezvous to the Bridg of Stirling ; and all the Heretors and Free-holders of the Shires on the South-side of Forth , to march after the Rendezvous to the Links of Leith , there to continue till further Order : With full power to them to seize upon all disaffected persons , and in case of resistance , to use them as Enemies , within their respective bounds , or such as shall be suspected to be going out of the Shire to the Rebels : With power likewise to the saids Commanders to appoint Officers under them , to command in the several Divisions of the Shires above-mentioned ; Ordaining hereby the respective Commanders aforesaid , to cause publick Proclamation and Intimation to be made hereof to the respective Shires under their command , at the several places already appointed for the first days Rendezvous of the Militia , that the saids meetings may be punctually kept : Certifying hereby , all such Heretors and others foresaid as shall not come out upon Horse-back themselves with their best Horses and Arms , with so many of their servants and followers as they can bring out upon Horse-back , they shall be lyable to the pains and penalties provided by the Acts of Parliament , against such as do not attend the Kings Host , or desert the same , and looked upon as disaffected persons , and favourers and complyers with Rebels , and pursued and punished accordingly . And ordains these Presents to be Printed , and Published at the Mercat-Cross of Edenburgh , and other places foresaid , that none pretend Ignorance . Tho. Hay , Cl. Sti. Concilii . GOD save the KING . Edenburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , and now Re-printed at London , Anno Dom. 1679. 
A56200	----	Sad and serious politicall considerations touching the invasive war against our Presbyterian Protestant brethren in Scotland, their late great overthrow, and the probable dangerous consequences thereof to both nations and the Prorestant [sic] religion which may serve as a satisfactory apology for such ministers and people, who out of conscience did not observe the publike thanksgiving against their covenant, for the great slaughter of those their brethren in covenant. Prynne, William, 1600-1669. 1650 Approx. 203 KB of XML-encoded text transcribed from 38 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A56200 Wing P4058 ESTC R5356 12378466 ocm 12378466 57195 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56200) Transcribed from: (Early English Books Online ; image set 57195) Images scanned from microfilm: (Early English books, 1641-1700 ; 223:10a) Sad and serious politicall considerations touching the invasive war against our Presbyterian Protestant brethren in Scotland, their late great overthrow, and the probable dangerous consequences thereof to both nations and the Prorestant [sic] religion which may serve as a satisfactory apology for such ministers and people, who out of conscience did not observe the publike thanksgiving against their covenant, for the great slaughter of those their brethren in covenant. Prynne, William, 1600-1669. [2], 21 p. s.n.], [London : 1650. Protesting Cromwell's invasion of Scotland and the celebration of his victory at Dunbar. Attributed to William Prynne. Cf. NUC pre-1956. Place of publication from NUC pre-1956 imprints. Reproduction of original in Yale University Library. Marginal notes. With: A brief description of the future history of Europe, from anno 1650 to an. 1710. London : [s.n.], 1650. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Puritan Revolution, 1642-1660. Scotland -- History -- Charles I, 1625-1649. Scotland -- History -- 1649-1660. Great Britain -- Church history -- 17th century. 2002-04 TCP Assigned for keying and markup 2002-05 SPi Global Keyed and coded from ProQuest page images 2002-06 Judith Siefring Sampled and proofread 2002-06 Judith Siefring Text and markup reviewed and edited 2002-07 pfs Batch review (QC) and XML conversion Sad and serious Politicall CONSIDERATIONS , Touching the invasive War against our Presbyterian Protestant Brethren in Scotland , their late great Overthrow , and the probable dangerous consequences thereof to both Nations and the Prorestant Religion . Which may serve as a SATISFACTORY APOLOGY for such Ministers and People , who out of Conscience did not observe the publike Thanksgiving , against their Covenant , for the great slaughter of those their Brethren in Covenant . Printed in the Yeer 1650. Sad and Serious Politicall Considerations . THE English Independents new invasive War against their Presbyterian Protestant Brethren of Scotland , and late great rout and slaughter of their Army , meeting with variety of censures and constructions , according to the dive●sity of mens inclinations and interests , some prudent Christians , ingaged to no parties , whose interest is onely the preservation , propagation and safety of the reformed Protestant Religion against the common Enemies and Underminers thereof , have these sad melancholy apprehensions thereof ; That it is a dolefull Prologue and tragicall Scene , not onely to the approaching ruine and desolation of both Kingdoms for their manifold crying sins , but likewise to the speedy subversion of the true Protestant Religion , and extirpation of all zealous Professors thereof through our three Kingdoms , and in forraigne parts , upon these ensuing considerations . 1. That the Kingdoms of England and Scotland make up the greatest Body of the Protestant Religion in Christendom , being best able to defend themselves , and succour other Reformed Churches , when indangered and designed to ruine by Popish Enemies , as the Lords and Commons declared long since in their * Protestation to this Kingdom and the whole world , 22. Octob. 1642. and in their Order of the seventh of October 1643. And therefore the ruine of the Protestant Party in these Kingdoms , is the readiest way to indanger , conquer , ruine all other Reformed Churches in the world , and extirpate the Protestant Religion in all other Countries ; as they there likewise Declare . 2. That the Pope of Rome , Jesuites , Priests , Papists , and their Confederates , upon this ground , have for many years last past , by open force , and secret practices , endeavo●red the extirpation of the Protestant Religion and most zealous Professors thereof throughout these Kingdoms , and made it their chiefest designe to reduce them to their pristine obedience to the See of Rome , which by the Popish Negotiations with Spain , the Papisticall Match with France , the Agency of the Popes Nuncio's , the practices of Priests and Jesuites in England ( countenanced and protected against the force of Lawes ) and the confederacy of Popish Prelates , Clergie-men and Courtiers with them in these Designes , they had almost totally accomplished and brought to full perfection in all our Realms ; as the whole House of Commons in their Remonstrance of the state of the Kingdom , 15. Decemb. 1641. and other subsequent Declarations ; and they and the Scottish Commissioners in their Impeachments against the Archbishop of Canterbury , largely remonstrate . 3. That the most zealous Protestants , then branded with the name of Puritans and Presbyterians in England and Scotland , were the principall and only obstacles to the finishing of this their neare compleated Work. Whereupon the * Jesuiticall , Popish and Prelaticall prevailing F●ction resolved to root them out of this Kingdom by force , or drive them out with fear , and rid them all out of the way . For the better effecting whereof , they thought it necessary to reduce Scotland to such Popish Superstitions and Innovations , as might make them apt to joyn with England in that great change which was intended : Whereupon new Popish Canons and a Liturgy reformed much after the modell of the Papists Mis●alls , were prest upon them ; and all the Arminian and Popish Doctrines broached , maintained , and new Popish Ceremonies practised in England , were in deavoured to be planted and set up in † Scotland . 4. That this their dangerous ripened Designe finding no publike , but onely private opposition in England by particular persons , who were ●ined , * pillori'd , stigmatized , deprived of their ears , close imprisoned , banished and ruined by the Star-Chamber and High-Commission , to the publike terror of all others ; thereupon the Scottish Puritans and Presbyters were the first visible Instruments raised by God to give a publique check to their successefull design , beyond their or our expectations . 5. That hereupon the † Jesuiticall and Prelaticall Popish Party raised two severall Armies successively to suppresse and extirpate the Puritan and Presbyterian Party in Scotland , as the only remo●a's to their design ; and were most active and forwards in their leavies and contributions against them ; indeavouring to ingage the Protestant Party in both Nations in a bloudy civill War●e to their mutuall ruine ; to which the Puritan and Religious party in England were most averse . First privately murmuring , and afterwards publiquely protesting against this Warre , as dishonourable and dangerous to Religion and both Kingdomes in the Parliament , in April 1640. purposely summoned to raise moneys to carry on that War , which they refused to grant to so ill a purpose , and did all they could to blast their malicious designs and warre against Scotland ; whereupon the Popish party caused that Parliament to be dissolved , and did all they could by violent arbitrary courses , and illegall Loanes and Taxes , to raise Forces and moneys to maintain a warre against them ; imprisoning and prosecuting those , who resisted or refused to assist them in this warre , in the self-same manner as those in present power have done , divers of their Christian Brethren for manifesting their dislike and backwardnesse to assist them in this ungodly invasive warre against their Protestant Brethren in Covenant against many publique Ingag●ments , and not giving publique thanks to God for their late overthrow . 6. That the Scotti●h Puritans and Presbyterians advance with their Army into England , in the year 1640. of purpose to preserve the Religion , and protect themselves and their English Brethren from slavery and ruine ; was the * pri●cicipall and only means under God , of preventing their own and our thraldome to no p●ry and Tyranny , of frustrating all the Jesuites , Papists and Prela●es designs , of securing Religion , Laws , Liberties , and conve●ing the last Parliament ; which through Gods blessing on their indeavours , through the assistance of the Scottish Commissioners , and countenance of their Army , over-powered the Popish and Prelaticall Faction , brake all their former Projects in pieces , suppressed all their Popish Innovations , Doctrinall and Ceremoniall , reconciled the differences between both Nations , setled a firm unity and amity between them , by an Act of Oblivion and Pacification , abolished the High-Commission , Star-Chamber , Extravagances of the Councell-Table , the Bishops Courts , and Votes in Parliament , Ship-money , Impositions , and all other illegall Taxes ; quickned the Laws against Jesuites , Priests and Popish Recusants ; passed a Law for Triennuall Parliaments , and another against the untimely adjourning , proroguing and dissolving of themselves at the Kings own pleasure , and thereby put our Religion , Laws , Liberties and Properti●s in a farre better condition of security , and the Popish and Prelaticall party into a farre worse , and more hopelesse and desperate condition then ever heretofore . 7. That to prevent and frustrate these Laws and this security , the † Jesuiticall and Prelaticall party whilest they were in agitation , indeavoured all they could by subtill practices , slanders , and private solicitations , to raise jealousies and divisions between the Scottish Commissioners and Army , and the Parliament , to ingage the Scottish and English Armies each against other , or to make the Scots stand neutrall to the Parliament , that so they might bring up the English Army from the North to London to over-awe and suppresse them , and hinder the Union between both Kingdomes ; which through the fidelity of the Scots , and of some Officers in the English Army , was timely discovered , prevented , and a firme Union between both Kingdomes setled by Acts of Parliament , passed in the Parliaments of both Nations . 8. That these Acts of Pacification and Union between both Kingdomes , and the Religious party of both Nations , the extirpation of Prelacy and the Popish Hierarchy , and the establishing of a Presbyterian Government and Uniformity in Doctrine , Worship and Discipline in both Kingdoms were apprehended , prosecuted and resolved upon by the most religious Protestant party and * Parliaments of both Nations , as the readiest , probablest , and most effectuall means under God to preserve and secure their Religion , Lawes , Liberties , against all future invasions , and to frustrate all Popish and Prelaticall Design●s against them , and were accordingly † esteemed and looked upon by the adve●se Popish and Prelaticall party , who thereupon attempted with all their policy and power , to uphold Prelacy , and retard and prevent the establishment of ●resbytery , as fatall to all their hopes and Designes ; and thereupon improved all their int●rest both at home , and with forraigne ●rinces , to raise what Forces they could , to break this D●signe and the ●arliament too , before they should accomplish it . 9. That when the Jesuiticall , Popish and Prelaticall party in England , Ireland , Scotland , and forraigne parts , had taken up Arms , and raised great Forces to hinder the settlement of the Presbyterian Government● , suppresse the late Parliament , subvert the Protestant Religion , introduce Popery and Tyranny , ext●rpate the Puritan and Religious party in England and Ireland , and were grown very strong and p●evalent in both , the * Scottish Presbyterians ( now invaded and defeated ) out of their brotherly love , and Christian aff●ction , in this extremity of danger , for the preservation of our Religion , Liberties , Lawes , Parliament , and the godly party in England & Ireland , at both Hous●s earnest solicitatio● , did readily and chearfully assist us with their Forces in both Kingdoms , and thereby , through Gods b●essing , were a great means of weak●ning and subduing our Enemies , and prese●ving our Religion , Lawes , Liberties , Lives , from utter destruction ; which brotherly assistance , with so powerfull an A●my of above twenty thousand Ho●se and Foot in our greatest dangers , was so welcome to us , that the House of Commons on the second of February 1643. † Ordered , publike thanks should be given in all Churches for the aid and assi●tance come in by our Brethren of Scotland : And when the malignant party there , in their absence for our preservation , had p●ev●iled and routed only some few of their Force● ( nothing considerable in comparison of those lately slain and defeated ) left behind for their defence , both Houses were so sensible thereof , that they appointed a speciall D●y of Humiliation for the miseries of Scotland throughout all the Parliaments Q●arters by their * Order of 2. September 1645. which was accordingly observed ; so much did they and we then condole th● least overthrow and misery of our Scottish Brethren in Covenant ●being members of the self●same Body of Christ ) as if it had been our own : Whereas now on the contrary , we invade , slay , d●stroy and ruine these our brotherly Assistants , rejoyce & triumph at their misery , appoint publike Da●es of Thanksgiving throughout the whole Nation for their gr●at slaughter and overthrow , and hang up the Ensignes taken from them in Westminster Hall , as publike trophies and testimonies to succeeding ages of our gratitude and brotherly kindnesse towards them , and of our religious observation of our solemne Nationall League and Covenant with them , not long since made and entred into upon their coming in to our assistance . 10. That in the extremity of our dangers , by the prevailing Popish party , the † Parliaments , Ministers , and religious people both of Scotland and England did resolve it most nec●ssary , and essentiall for Gods glory and their s●fety , to enter into a more sacred and stricter union then formerly , for defence of their Religion , King , Parliament , Lawes , Liberties , the extirpation of Popery , of Prelacy , and the bringing of all our Kingdoms to uniformity in Doctrine , Worship and Discipline , by a solemne Nationall League and Covenant , as the onely means under God , to prevent all future differences and breaches between all the godly people of both Nations , to preserve and secure Religion , Lawes , Liberties , and priviledges of Parliament , against all present and future attempts whatsoever , and dash in pieces all the designes , practices , hopes of the Jesuiticall and Prelaticall Faction in all our Kingdoms : which League and Covenant was accordingly agreed upon by the Parliament , and Assemblies of Divines in both Kingdomes , and after that most chearfully and solemnly taken and subscribed , not only by the Scottish Parliament , Army , Clergy , and Generality of that Nation , but by all the Members of both Houses of our Parliament , the genera●ity of all the godly Ministers and people in England and Ireland ; and by all , or most Officers and Souldiers in the Parliaments Armies ; who many of them carried it in their hats , hands , and fixed to their pikes as they marched , and amongst others it was taken and subscribed by * Oliver Cromwell himself and Ireton ; and every man by Ordinances of both Houses , was disabled to injoy or exercise any Civill or Military Office , or place of Trust whatsoever in the State or Army , who did not solemnly take and subscribe it● whereupon it was almost universally● taken and subscribed in a most sacred and solemn manner throughout the Kingdome , and followed with many glorious Victories and Successes , till the Popish and Prelaticall Malignant party in England were totally subdued ; all Counties , and Garrisons fully reduced to the Parliaments Command ; and a happy Peace and settlement of our Reliigion , Laws , Liberties upon most safe and honourable terms , indeavoured , expected● and almost accomplished by a personall Treaty● , with the KING in the Isle of Wight . 11. That to prevent this Peace and Settlement ; the † Officers of the Army ( who love to make a Trade of War , thereby to gain and keep all Civill and Ecclesiasticall power in their own hands , and to inrich themselves with our three Kingdoms spoils and ruine ) confederating with some few Members of the Commons House against their Trust , duty , Oaths , Protestations , the very Letter of this solemn League and Covenant , and all the ends thereof ; forcibly seized , condemned and beheaded the late King , secured and secluded the greatest part of the Commons House addicted to the Presbyterian Government , suppressed the whole House of Lords , disinherited the Kings Posterity of the Crown , subverted the fundamentall Government of the Kingdome ; usurped all Regall and Parliamentall Authority to themselves ; and by colour thereof , now trample all Laws , Liberties , and Priviledges of Parliament under feet ; remove all or most zealous Presbyterians ( though never so eminent Actors and sufferers for Religion and the publique weal ) out of all Offices and places of power and Trust throughout th● Nation ; discourage and discountenance all or most Pr●sbyterian Ministers , especially the most pious ; banish some , imprison others , recall the Sequestrations , and substract the A●gmentations , and Tithes of all or most of them , to starve and ruine them ; withdraw themselves from their Ministery , suborn or tolerate their monethly Prognosticators , and Diurnalists to revile and rail openly against them in print , without the least controul , and to prognosticate their and their Presbyterian Gouernments downfall , to incense the people against them and it ; invent and prescribe new Oaths , Ingagements , Publications , Observations of Thanksgivings , and Humiliations , and other snares and engines , thereby to insnare either their Consciences , or indanger their Estat●s , Liberties , Ministery , Persons in their plundring Committees , and new Arbitary Judicatories ; declare against the solemn League and Covenant as expired , abolished , yea , and dangerous and unlawfull to be kept , set up and inforce an Anti-Covenant Engagement to frustrate , null , and abjure it , debar all from all publike Offices , Pref●rments , Augmentations , degrees of Learning , the practise of the Law , and the very benefit of the Laws of England , ( for which we have so long contested with the Kings Party ) who will not out of conscience or Loyalty subscribe it ; oppose and traduce the Presbyterian Government , as Papall , Antichristian and Tyrannicall ; exempt all S●ctaries whatsoever from all Penall Laws , in not repairing to any publike Ordinances or Churches ; Authorize them freely to meet when and where they please in private Conventicles , ( where running Priests and Jesuites may and wil easily seduce them ) without the least danger or disturbance : and because their brethren of Scotland stick close to their Presbyterian Government and Covenant , and have closed with their King at last , according to their Covenant and Allegiance , and will not disinherit him as they have done ; they thereupon have recalled Cromwell out of Ireland from prosecuting the Irish Papists and Royalists , made him their Generall instead of the Lord F●irfax , and sent him in to Scotland , without any real provocation on their part , to invade them with an Army , where he entred without the least resistance , seized some of their Towns and Garrisons , provoked them oft times to fight , when they declined fighting , and at last gave them battle in their own Countrey , routed their whole Army , and though he lost not forty men in the fight● yet he and his Forces , out of their Christian charity cut down near 4000. of them in the pursuit , maimed and wounded above 5000. more , whereof many are since dead , and more like to die ; took 10000. of them prisoners , 5000. whereof are sent Captives into England ; since which he hath taken Edenborough and Leith , prosecutes his Victory with all vigour , sends up all the Scots Colours to Westminster , where they are publiquely hung up in the Hall for triumph . And for this great slaughter and overthrow of our Presbyterian Brethren , a solemn publike day of Thanksgiving hath been prescribed to be strictly observed throughout the Nation , and celebrated in many places accordingly , to involve the whole Nation in a double guilt of their bloud : First by their Contributions to pay the Army sent against them , next by publike Thanksgiving to God for their destruction , and that in those very Churches and places , where we not long since lifted up our hands and subscribed our Names , when we took the forementioned Leaga● and Covenant in the presence of God himself , Angells and men , † sincerely , really . and constantly to preserve their Religion in Doctrine , Worship , Discipline , Government , and with our Estates and lives mutually to preserve the Right and Priviledges of their Kingdome and Parliam●nt , and to bring all to condigne punishment , as Malignants , Incendiaries , and evill Instruments , who should indeavour the dividing of one of the Kingdomes from another , and each one of us , according to our place and Interest , to indeavour that both Kingdomes may remain conjoyned in a firm peace and Union to all posterity ; and that we shall not suffer our selves directly or indirectly by whatsoever combination , perswasion , or terrour , to be divided or withdrawn from this blessed Union , which so much concerns the glory of God , and good of the Kingdomes , but shall all the daies of our lives zealously and constantly continue therein against all opposition , and promote the same according to our power against all lets and impediments whatsoever , &c. which how well and really we have performed , let that Almighty God , the searcher of all hearts● in whose presence and Name we made and subscribed this Covenant , judge , and our own consciences , as we shall answer the contrary at that great day , if we seriously repent not of it now , whilest we have time , and space of repentance given us . 13. That upon the due consideration of all these Premises , we shall not conclude as some rigid Presbyterians do , perchance not without good grounds ; That this invasive Warre with our Brethren of Scotland is an apparent violation of every clause and branch of the solemn Brotherly League and Covenant , and a very strange Act of Ingratitude and Injustice in invading their Kingdom , because they will have a King , according to their Ancient Constitution , Government , Laws , Covenant ; and in indeavouring to deprive their King of the Kingdome of Scotland , because they have injuriously and per●idiously dispossessed him of his two Kingdoms of Engl●nd and Ireland , against their National League and Covenant , and other oaths , for fear his possession of that his Hereditary Kingdom should be a means to regain the other two , ( which is as unconscionable and unreasonable , as if a great Statesman or Commander should wrongfully deprive his Neighbour of all his Lands and goods in a third Parish or County , because he hath forcibly dispossessed him of all his Lands and Goods in two other Parishes or Counties , that so he might never be able to recover them by suit of Law , having no means left to maintain his suit against him ) but rather infer from thence , First , that this War with Scotland is not only exe●eding scandalous , dishonourable , and disadvantagious to all the Professors of the reformed Protestant Religion in both Kingdoms , and throughout the Christian world , to behold Protestant Brethren in Covenant thus invading , slaughtering and destroying each other upon such slender unchristian carnall grounds , but † ungodly too . Secondly , That this invasive war , and great slaughter of the most zealous Scottish Presbyters , is a matter of greatest joy , triumph and advantage to the Jesuiticall , Popish and Prelaticall party , and tending much to the present promotion and future accomplishment of all their former frustrated , successelesse , and almost hopelesse malicious designs against the Puritanicall and Religious party in both Kingdoms , and the intended accomplishment of the Presbyterian Government , and R●formation of Religion in them , which they so much feared , and opposed by open force of Arms and secret policies , who will now indeavour to continue and heighten our open divisions ( first plotted by them ) till we have weakned and destroyed each other by our civill wars , and made our selves fit to be suddainly surprised and destroyed by their party , when we have consumed and undone each other . Thirdly , That in these respects , the Successes , great Victories , and slaughters in this unnaturall and unchristian Warre against our Protestant Brethren in Covenant , are no matter of publike joy , thanksgiving and triumph to the Conquerours , as some vainly conceive , but of greatest publike lamentation , Humiliation and mourning , ( it being both unnaturall , uncharitable , and unchristian for Members of the same body of Christ , and sworn Christian Brethren , ingaged by Covenant , and God himself , to protect and * love each other with a pure heart fervently , to murther and destroy each other ) an argument of Gods heavy wrath against us● tending to our desolations , as the sacred Tex●s and Presidents compared together , will fully resolve the conscientious perusers of them . Iudg. 21.1 . to 18. 2 Sam. 1.12.17 , 18 , &c. 2 Sam. 2.12 . to 29. to 3.30 . c. 39. c. 4.8 , 9 , 10 , 11 , 12. c. 19.1 , 2 , 3 , 4. 2 Chron. 28.5 . to 16. Ezek. 19.12.2.33.14 . Ezek. 35.1 . to the end . Obad. 1. to the end . Amos 1.9 , 10 , 11 , 12. Gen. 37.26 , 27. 1 Sam. 14.7.7 . 1 Kings 13.30 . Psal. 35.14 . Isay 9.19 , 20 , 11. c. 19.2.3 . 2 Chron. 15.5 , 6. Ier. 22.17 , 18. Ezek. 38. 21 , 22. Mich. 1.2 . &c. Zech. 7.9 . to the end . Mal. 2.10 . Mat. 10.21 . &c. 1 Iohn 3.10 , 21 , 12. Exod. 2.11 , 12. Iudg. 9.5 . to the end , a sad story , 1 Kings 12 , 14.15 . 2 Chron. 11.4 . c. 21.4.12 , 13 , 14. &c. Neh. 5.1 . to 10. Iob 6.14 , 15. Prov. 6.16.19 . Isay 66.5 . Acts 7.26 . Mat 12.25 . Mar. 3.24 , 25 , 26. Gal. 5.14 , 15. Iam. 3.14 , 15 , 16 , 18 , 18. c. 4.1 . 9 , 10 , 11. Fourthly , that the continuance of this unbrotherly Warre with Scotland , will be the utter ruine of all the Presbyterian godly Party in that Nation● if God shall frown upon them ; and the utter subvertion of the Presbyterian Government there , where the Prelaticall and Malignant party will soon get head and sway all , to the strengthning and reviving of their numerous party in England : or in case God give them after some overthrows , a glorious Victory over the English Independent Forces ( as he did to the defeated Israelites over the Benj●mites , Iudg. 20. ) it will certainly ruine all the Independent party in England , who have so cheated and tyrannized over all sorts of men , that they will never be able to make head again , if once defeated , and find all mens hearts and hands against them , for their manifold extravagances and tyrannicall proceedings against all ranks and degrees of men , & subverting the whole frame of our civill and Ecclesiasticall Government . And if the Presbyterian party in Scotland be much weakned and impoverished by the Victory , and the Presbyteriall Ministers and Gentry of England discountenanced , and thrust out of all power and reputation in the interim , as they are through their cowardize and folly ; how far this may indanger and expose them to the Popish and Prelaticall parties power and malice hereafter , is very considerable ; and how far their present Contributions ( though not voluntary ) without distresse or forcible coaction against their King and Brethren of Scotland , and sitting still like idle neutrall Spectators , without contributing the least visible assistance to either of them , may be interpreted by their King and them , to be a b●each of ●heir Nationall League and Covenant , and of their Allegiance to their Soveraign , in case they should prevail , and restore the King to the Crown of England by their own Forces only , without the English Presbyterians assistance , to the indangering of their persons and Estates , and the losse of all that favour and respect from either ( which their actuall conjunction with them might procure ) to the ruine of the Presbyterian , as well as Independent party in England , and setting up of the Popish and Prelaticall Malignant party in Supreme power and favour in this Realme , is very considerable . Fifthly , that if the Scottish Presbyters , and the Kings party in Scotland shall be both conquered by the English Independent Forces , and unable to defend themselves , or their King , and to settle him in his Kingdoms , then greater dangers are like to insue to our Religion and Kingdoms , then otherwise in some wise mens judgments ; because the Independents ( as their present violent proceedings manifest ) wil probably use their Presbyterian Brethren in England , no better then those in Scotland , and extirpate them if they can ; and the King then will be necessitated to cast himself wholly upon the assistance of forraign States , and Kings , and their Forces , as his last refuge ; which he hath hitherto declined as dangerous both to himself and his people . If he in this extremity throw himself upon any Forraigners , they must be either Papis●s only , or Protestants alone , or both of them joyntly . If on Papists only , which some think most probable ; First , in regard of his Queen Mothers great interest in that party , both in France and Italy , being of that Religion : Secondly , in respect of the open differences and Wars already between us , and France , and Portugall , two Popish Kingdoms , which are like , to continue and grow greater every d●y : Thirdly , in respect of that parties constancy and fidelity to the King and his Father : Fourthly , because that party is most powerfull , and most likely to close with the King for the advantage of the Catholike cause , and reducing of England to it's former obedience to the See of Rome ; so that without Gods infinite mercy , it will necessi●ate him for a full compliance with them : First , to match into some great Popish Family , upon the same and harder A●ticles , then were inforced on his Fathes by Spain or France : Secondly , to alter his Religion , and professe himself a Roman Catholike , and obedient son to the Roman Pontife , as King Henry the fourth of France did : Thirdly , to Covenant and ingage with them for an utter extirpation of the Protestant Religion ; and of all Independents and Presbyterians , as not only Heretikes in Religion , but Regicides , Traytors , Rebells , Covenant breakers , p●rjured persons , who make no conscience of Oaths , Vows , Protestations , Declarations , and professed enemies to Monarchy , who have murthered his Father , banished his Mother , disinherited him of three Crowns ; and indeavour to imbroil and subvert all Monarchies and Kingdoms in Christendome : Fourthly , to swear and ingage to set up and tolerate none but the Roman Religion in his Kingdoms , when he shall be restored to them by their assistance and Forces : Fifthly , to promise satisfaction of the greatest part of their expences in this war , out of the Puritans and Protestants estates , who have been in Arms , or any ways acted , or contributed assistance of moneys against his Father or him , and to make full reparations of all damages to such Papists , who have left their estates and fortunes to assist his Father or him . Upon these terms he may easily gain the joynt assistance of all Popish Kings , Kingdoms , and States in Europe , through the Popes powerfull mediation . And if hereupon , through their aid , he should so far prevail as to get into actuall possession of his Thrones and Kingdoms by the meer power of the sword , without any terms or conditions by way of Treaty , of which there will be little probability ; we can then expect nought else but these dismall consequences . First a totall ●radication of our reformed Religion , and of all zealous professors thereof , especially such who have acted any waies against the King or his Father , a full repeal of all penal Laws , against Jesuites , Priests , Papists , and a publike profession and practise of the Romish Religion , and of that only throughout our Kingdoms . Secondly , a totall subversion of all our former Laws and Liberties , and a full exercise of all arbitrary and tyrannicall power over our lives and estates . Thirdly , an absolute confiscation of all our Lands and Estates , together with our lives , to satisfie the Kings debts , gratifie his Assistants , and repair the losses of his faithfull Catholikes , whom we have undone by adhering to his party . Fourthly , an absolute inslaving of our whole Nation to these forraign Conquerours ; if not a totall banishment , and extirpation of them out of their native soil ; the case of the Ancient † Britains , when conquered and driven out of this their Countrey by Saxons , and the extraordinary Pestilence and Famine sent amongst them for their sins , and then a dieu both to our Religion and Nation . But in case the King should not prevail to conquer us by their power , the least we can expect is , First , a continuall long lasting Warre , and open hostility by Land and Sea with all Romish Kings and States , the very charge whereof , now we are almost quite undone and beggered already , which will utterly ruine and undo us . Secondly , losse of Trade and Commerce with all those Kingdoms and States , with whom we are in hostility ; which will utterly break us in one year or two for want of venting our Native commodities , our chiefest inablement to maintain the Wars . Thirdly , intolerable uncessant Taxes of all sorts , which will every moneth grow heavier and greater then other , which accompanied with want of Trade , will cause a generall Insurrection at last both of poor and rich against those in power , and put all into confusion , to the enemies great advantage . Fourthly , a necessity of seizing and selling all Colledges , Corporations , Companies , Hospitalls and Gleab-Lands throughout the Realm ; and of new Projects to make new Delinquents , of purpose to raise moneys to defray the extraordinary expences of the Armies and Navies : And what garboils this will produce , all prudent persons may easily conjecture . Fiftly , a generall decay of Religion , Piety , Learning , Law , and all Arts , Sciences , Trades . Sixthly , an extraordinary new effusion of Christian bloud . Seventhly , an inundation of all kind of sin , wickednesse , Atheism , Heresie , Blasphemy , Murders , Rapes , Robberies , Oppressions , Whoredome , Drunkennesse , Dissolutenesse , Barbarousnesse , and disobedience to Laws , Magistrates , Ministers , Parents , and other disorders . Eighthly , Free-quarter , insolences of Souldiers , spoiling , plundring , if not pestilence and famine , the usuall Concomitants of Warre , which will reduce us to a condition worse then nothing in conclusion . If he cast himself upon Forraign Protestant Kings , Princes and States alone , the far better , though unlikelier of the two ; yet this will certainly prove , 1. A great dishonour to God , and scandall to reformed Religion , to see them so unnaturall and unchristian as to imbrue their hands in one anothers bloud . 2. An extraordinary ground of joy and triumph to the Pope and his Confederates , to behold their enemies thus murthering , invading , and destroying each other by their mutuall dissentions ; when they by all their power and policy were unable to accomplish their ruine , and do them so great mischief . 3. A great indangering of all the Protestant Churches and States in Europe , by incouraging their Popish Adversaries to invade and ruine them , whilest thus ingaged in an unbrotherly and unchristian Warre between themselves , and weakening , impoverishing and destroying each other . 5. An effusion of much precious Protestant bloud , which will † cry for vengeance to heaven against the originall Authors and Occasioners of such a Warre . 6. If the King shall inthrone himself , and regain his Kingdomes by their assistance ; though the profession of the Protestant Religion may still be continued , yet we may justly fear , 1. That the purity and power of Religion will be much abated . 2. That our Lawes and Liberties will be much indangered and Eclipsed . 3. Our estates confiscated to make them reparations , and satisfie the Kings Ingagements . 4. Their removall hence will be disputable , when once possessed of our Country ; as the history of the Danes invasions of this Island heretofore , and the Saxons full possession thereof , with the Britains expulsion , will manifest . 5. If the King and they be repulsed by us , yet this will prove a seminary of lasting wars and breaches between us and most Protestant Kingdoms and States ; It will hinder all commerce between them and us , to the destruction of Merchandize and Trade ; destroy the Protestants strength and interest ; impoverish us through Taxes , fill us with d●scontents , augment our divisions , if not conclude in our beggery and ruine . If he throw himself upon forraign Papists and Protestants joyntly , then , First , the Wars are like to be more generall , dangerous and costly to us , and of longer continuance . Secondly , The divisions and dangers from at home are like to prove the greater , since all discontented and oppressed Protestants and Papists will then be apt upon all occasions and advantages to joyn with that forraign party they best affect , and from whom they may expect the most favour and the best conditions . Thirdly , If the King prevail , then both Parties must be satisfied , and his debts defrayed out of our estates ; both gratified with a free toleration and exercise of that Religion throughout his Realms as both sides professe : and between them both all will be plundered , impoverished , ruined , and perchance inforced to quit the whole Kingdom to one or both of them , who will challenge an interest therein by conquest and the longest sword , and hardly part with it when once possessed thereof . Fourthly , If the King and they should be foiled by us , yet the wars and differences would survive , all commerce and trading lost , Armies and Navies must still be maintained , and Garrisons in all our Kingdoms to secure us ; taxes , oppressions , and all publike grievances continued and mul●iplied , and thereby new intestine commotions raised ; which of themselves alone will destroy us without any othe● enemy , And suppose the King himself should miscarry in these Warres , yet the Title and Right of the Crowns of our thre● Kingdoms s●rviving to his Brothers , or if they miscarry , to his Sister , matched to the Prince of Aurenge ; or if they all should fail , descending to the Queen of Bohemia , and Prince Elector Palattine ; their severall new Titles and Interests will find means to infest us with new Warres , till they have either obtained their rights , or rui●ed both themselves and us . So that unlesse God put so much wi●dome , and spirit to the English Nation , as to restore the King to his just Rights upon safe and honourable terms , according to their Oaths , Covenant , Protestations , Declarations to all the world , and Principles of their Religion ; we can in humane proba●ility expect nought else , but the utter ruine , both of our Religion , Nation , Kingdoms , and totall extirpation by Forraign enemies . And certainly if we seriously consider , 1. The infinite divisions , discontents , & oppressions that are every where amongst us . 2. The Heresies , Blasphemies , Sects , and Schisms that are lately broached , and publikely countenanced by us . 3. The Generall contempt and neglect of the publike Ordinances of God , and free toleration granted to all to withdraw themselves from them , without the least censure or punishment . 4. The generall contempt , hatred , discountenancing , reviling , and persecuting of godly and faithfu●l M●nisters throughout the Nation , and the snares that are daily laid to intrap and ruine them . 5. The extraordinary Apostacy of many Professors , from the truth , purity , and power of Religion , almost to professed Atheism , contempt of the Word , Prayer , Preaching , Sacraments , and all other O●dinances , to meer licentiousnesse , lukewarmnesse , and Prophanenesse . 6. The generall inclination of the people to errours , E●thusiasmes , and seducing spirits . 7. The little cordiall reall love and affection between Professors of Religion , and the great animosities , hatreds and divisions amongst them , both in Opinion● Practise and affection . 8. The little conscience of Oaths , Protestations , Covenants , Promises ; and great hypocrisie , covetousnesse , oppression , self-seeking , envy , hatred , and malice that is in the Nation , and amongst those especially , who professe themselves Saints of the highest form . 9. The universall inundation of all kind of sin and wickednesse , and open profession thereof in all places . 10. The extraordinary Injustice , Tyranny , Cruelty and Mercilesnesse that all parts of the Land complain of , and groan under . 11. The great effusion of Christian bloud , and of the bloud of our Christian Brethren in Covenant , that our whole Land is polluted with ; and our rejoycing in this bloud-guiltinesse , instead of repenting and mourning for it . 12. Our present decay of Trade and Merchandize . 13. Our intolerable Taxes and Impositions o● all sorts . 14. The extreme poverty of our Kingdom , and increase of poor people in all parts , which have little work or none , and will not sta●ve . 15. The divisions of our Forces into Ireland and Scotland , where standing Armies and Garrisons must be constantly maintained for fear of revolt . 16. Our great breaches with France and Portugall , and no good quarter with any Forraign States or Kingdomes , which as yet will neither own , nor hold full and open correspondency with our new Governours or Government . 17. The revolt of most of our Forraign plantations from us , and the late Declaration against them , as Traytors , and Rebells , who count us such . 18. The Negotiations with the Pope and Popish Kingdomes , and most Protestant Princes and States to incense them all against us , as enemies to all Magistracy and publike Government , and to mankind it self , as Salmatius hath published us in print . 19. The spreading the pestlence in many places , and the feared famine throughout the Realm . 20. The manifold injuries and afronts offered to all the Nobility , and most of the Gentry of the Na●ion , and the whole Nation it self , in the change of the Government , without and against their consent , in contin●ing and increasing their burthens , Taxes , and out-lawing many of them , because they will not subscribe the Ingagement , in erecting new High Courts to take away their lives , without any legall Triall by their Peers , for offences punishable by no common Law. 21. The Ex●cution of so many Protestants , and not of one Papist whatsoever by these or other Courts of Justice , though the chief contrivers of our late unhappy Wars , and discontinuance of all Capitall proceedings against Priests and Jesuites , since the abolishing of the Oaths of Supremacy and Allegiance , made principally against them and the Popes Usurpations and practises . 22. The injustice of our present cause and Warre , meerly against Monarchy , Presbytery , and old English Peers and Parliaments , purposely to support the present Government , set up by the meer power of the sword , yea founded on the bloud of a Protestant King , and ruine of the very best of Parliamen●s , to prevent a settlement of peace and Religion by an unbloudy Treaty . And then compare them with the Premises , and Cardinall Richelieu his Instructions and advice to the late French King , a little before his death , ( published by an Italian of good note , and printed in Italy . Anno. 1645. ) to foment the late differences between the late King and Parliament all he could ; and if possible by the solicitation of his instruments , to draw the Commons to change our Monarchy into a meer Republike , thereby to imbroil all our Kingdomes in civill Warres against each other , as the only and best policy of all , to weaken and destroy both our power and Religion , and advance the interest of France and Catholike Religion , which we see now accomplished according to his advice ; and then we have just cause to fear an inevitable approaching ruine , both of our Religion and Nation , notwithstanding our late Victories and Successes ; which do but weaken , impoverish , destroy our selves , and promote the designs of our common enemies , unlesse God give us a timely sight and Reformation of this our impolitick oversight , and incline our hearts to a generall peace and unity th●oughout our Kingdome , by restoring every man to his just right and inheritance , from the highest to the low●st , and abolishing all future seeds and occasions of our intestine Warres : The serious consideration of all which Premises , are a sufficient satisfactory Apology for all Ministers or others , now questioned for the Non-observance of the late Thanksgiving day , ●or the great rout and slaughter of our Protestant Presbyterian Brethren of Scotland , against all their persecutors . We shall therefore close up all with Abners Speech to Ioab , in case of the civill Wars between the House of David and Saul ; wherein the Is●aelites ( of the same Religion and Nation ) unnaturally fought and slew each other , Ioabs souldiers pursuing and slaughtering Abners , whom they had discomfited in battell , addressing to those in present power , 2 Sam. 2.26 , 27 , 28. Then Abner called to Ioab , and said , shall the sword devoure for ever ? knowest thou not that it will be bitternesse in the latter end ? how long shall it be then ere thou bid the people return from following their Brethren ? And Ioab said , as God liveth , unlesse thou hadst spoken , surely then in the morning the people had gone up every one from following their Brethren . So Ioab blew a trumpet , and all the people stood still , AND PURSUED AFTER ISRAEL NO MORE , NEITHER FOUGHT THEY ANY MORE : which we heartily pray may be the fruit and issue of these sad and serious Meditations of those who drive on no other design , but the preservation of Religion and their native Countrey from totall and finall desolation . FINIS . A brief DESCRIPTION Of the future History of Europe , from Anno 1650 to An. 1710. Treating principally Of those grand and famous Mutations yet expected in the World , as , The ruine of the Popish Hierarchy , the final annihilation of the Turkish Empire , the Conversion of the Eastern and Western Jews , and their Restauration to their ancient Inheritances in the holy Land , and the FIFTH MONARCHIE of the universall Reign of the Gospel of Christ upon Earth . With principal Passages upon every of these , out of that famous Manuscript of PAVL GREBNER extant in Trinity-Colledge Library in Cambridge . Composed upon the Occasion of the young KINGS Arrival into Scotland , to shew what will in probability be the Event of the present Affairs in ENGLAND and SCOTLAND . Ludit in humanis 〈…〉 Printed in th● 〈…〉 TO THE Ingenuous and wel-affected Readers . GENTLEMEN , I Here present you with a mishapen Embryo , having neither had time for Perfection , nor life to actuate Acception . A meer Chaos and disordered Discourse is it , yet for matter treating of wonderfull and famous Events , which i● this European world are quickly to be performed . It is true , that Primi foetus sunt horridiores , a● commonly defective in mature Conceptions and ripenesse of judgement . Yet they that reade this Pamphlet seriously , will finde those Passages opened ( I will not say fully explained ) in Scripture , which Commentator never yet disclosed● nor Divine unfolded . In such a● intricate La●●rinth it is easie to stray : therefore I am confident , Charity will usher your Iudgements , and your love cover mine Infirmities . I know I have slipt in many places , but for the present can neither tell where , nor how● Some Ariadne might do well to lead the way , and I shall be as ready to follow : Secundae cogitationes sunt meliores : If I finde those Non-entities to be accepted with , but as much respect as worse ware every day is , it shall not irk me to bestow a week or two in licking it over into a better form and putting a handsomer Coat upon it's back . There are several passages in it , which ( I know ) will not resent with our Great Ones : but Amicus Plato , amicus Socrates , yet Magis amica veritas , which shall prevail , though all the world gather in battalia against it . I must confesse it is too too abortive : for it came into the world in fewer hours , then Tostatus bestowed in translating the five first Chapters of Genesis out of Greek into Latine . I wish it may obtain the end for which I made it : that is , to move us all with repentance to meet God in these great Mutations and Changes he is bringing upon us in this Land ; that every one would strive to reform one from Here●ies , Sects and Schisms , to suffer the Scriptures to be our Rule , and the holy Ghost our Guide both in Faith , Religion and Discipline , that so God may put out his hand in amending the Body● Politick in the whole , that judgement may depart from us , destruction flee far from us ; that Peace may dwell within our wals and plenteousness within our Palaces . I study multum in parvo , and hope to give satisfaction to all , but such as are wedded more to their wils then reasons . For these I have no more but this , A good winde at their backs to the Anticyra's , that they may drink Hellebor lustily to purge their Brains , that they may be more quick , and their Eye-sight clearer . I quote strange Authors in this Work ; and good Reason , for the Work it self is strange . Yet they in whose hands these Authors are ( and they are not in every Library ) shall finde I have both dealt with them truly , and cited them faithfully . And for the Tractate it self , it will with the learned be either Laudatus aut saltem excusatus ; either of which shall content me at this time . Farewel . A brief DESCRIPTION OF THE Future History of EUROPE , from Anno 1650 , to An. 1710. 1. HAving with silence and admiration beheld these ten years , the horrid Broyls and civil Tumults in these Western Coasts of Europe , I cannot but adore the Justice of God upon his enemies , and his paternall chastisements upon his Church for sin . It hath made me oft●n wonder , to behold how virulently and barbarously Protestants could oppose and massacre one another , when the Romish Froggs can live in an established amity among themselves , and laugh at our follies . I will not say , it is Jesuiticall projects which sets us by the ears together , so much as our own Seditious and Schismaticall spirits , and want of Charity . If we would but ponder , how much Popery hath won upon us by these Warres and Divisions , what fearfull occasions we have given to the professed enemies of Christ to blaspheme his Name , and deride our Religion , it would much provoke us to end our Controversies , and band against the common Enemy . The Empire hath got but a wofull Booty , by her 30 years Warres , having weakned her self with the losse of Six Millions of valiant Souldiers , and enticed that Imp of Mahomet to prepare an Army of 200000 , now in the Field , and ready to march within the bowels of Germany . We in England have gained no better by our civil Warre● but in stead of one Tyrant to advance a douzen over us , and from the height of Liberty to runne the broad way up the next hill , to the height of Slavery . Our Western Sun is set , on whom the eies of all Protestants were ●ixt , to have composed their differences , and united them into a mutuall League against the Romish Dragon , and the false Prophet . Nor was any insufficiency in him to the performance of so glorious an Enterprize , had not the sins of his own Subjects , hastned his untimely Fate . Behold then what profits our Warre hath brought us ! and what a blessing our sins have deprived us of ! How fearfull are the Judgements of God and his anger against sin , when the Church is dilacerated , the Commonwealth disjoynted and dismembred in every part thereof , the lust of Tyrants , the pleasure of Pesants , the barbarousnes of Souldiers , dissentions of Churchmen , sad and tragicall ends of Nobles , confusions in Families , countenancing of Heresies , and applauding of Blasphemies are so rife and ripe amongst men ! On the contrary , how happy are Kingdomes , how blessed be Commonwealths , when Princes , Magistrates , and other subordinate Officers , each in their sever●ll place and calling , strive to promote the glory of God , with the Liberty , Honour and Tranquillity of Subjects ; where the Ministry is incouraged , Universities countenanced , Courts of Judicature upholden , Subjects be unanimous and accustomed to the Exercise of Piety and Godlinesse : lastly when both Prince and people aim joyntly at the advancement of the Gospel and mutuall commodity of one another , so that there be no decay , no leading into Captivity , nor complaining in their streets ! II. The disparity of these two contradictory conditions , and the fearfull effects , which they in all ages have wrought in the Consciences of men , have made me at length after a long time of silence put Pen to Paper , and through the intricate Labyrinth of those portions of Scripture which never Commentator yet ever medled with ( I mean , the twelve last Chapters of Ez●kiel , the three last of the Revelation , the last of Daniel , with some passages in Hosea and Zech●ry ) to descry when We People of England with all Protestants in Europe shall see an end of these our Warres and Tumults , what shall be the Estate of our Churches , States and Kingdomes , from this present year 1650 , to the beginning of the Fifth and last universall MONARCHY of the Gospel of Christ upon Earth , which shall begin in the year of our Lord 1710 ; and in what year we may expect the downfals of the Beast of Rome , the Red Dragon of Constantinople , the totall Conversion and restauration both of the Eastern and Western Jews within their holy Land of Iury : all which must mo●t certainly be fulfilled before the end of the World. Of these high Points and Mysteries , I finde nothing in any Commentator upon the last of Daniel and the Revelations , save only Brightman , who being acquainted in Leiden with Ioseph Scaliger , got some ( but those very imperfect ) notes of Grebner concerning those Numbers in Ezekiel and Daniel . But that excellent Manuscript , which Iohannes Bauden●is writ of the Life and Writings of Grebner , declareth all these things most plainly and punctually , how that greater Troubles , fe●rfulle● Combustions , direfuller Devastations shall come upon the Western Kingdomes of Europe , then yet ever did , before they can expect the downfall either of Turk or Pope , or the universall Monarchy of the Gospel of Christ upon Earth . In which incomparable Work the Learned Astrologer bringeth Divine and Heavenly Reasons , why Europe ( for the space of thirty seven years , after that fearfull blazing Comet in 1618. ) should with amazed eyes behold the infinite and sudden mutations and downfals of flourishing States and potent Kingdomes , the deformity of Empires , and mournfull faces of Commonwealths ( as is lately happened in England , Portugall , Swethland , Bohemia , and Denmark ) the Devastations of whole Kingdoms at a clap , and burning six or seven Nations at once in their ashes and cinders ( as of late in Germany ) not to make them ask whether there be a God , Heaven and Providence , or not ? or whether Empires and States depend wholly upon the will and power of man , or upon secret and hidden causes beyond the thoughts and expectations of the World ? but to praise God for his paternall corrections , seeing by this they know he remembreth them , and that through this Fire and Water of Affliction he will bring his Church to a finall Conquest ove● her Enemies , and both the Congregations of Jews and Gentiles to an universall Monarchy over the face of the whole Earth . Severall passages of which Manuscript I will insert here and there in this ensuing Discourse , as Method and Matter shall require . III. Since the spirituall sword was sheathed in England ( which lopt off the serpentine Heads of Heresie and Schisme , while they were yet growing ) it is a wonder to see how all Sects and Schismaticall Opinions in the world have ( like devouring Weed ) overgrown and choked the seed of the Word . Above the rest , the Millenaries have exalted themselves , whose abominable Pamphlets have flown abroad like Atomes , wherein they dream of a Personall Reign of Christ upon Earth , how he shall descend from Heaven An. 1666 , destroy all the works of darknesse in every corner of the Earth , make an easie passage to men from Earth to Heaven , so that they may ascend into Heaven , and leap down to Earth again , as oft as they list : how he shall keep a Quarter Sessions or Goal-delivery in his own Person upon Mount Olivet , call all Nations before him , rebuke them of sin face to face , and shall cut out of them their stony hearts , and shall sew in their bellies hearts of flesh in stead thereof : that An. Dom. 1700 shall be the day of Judgement , and that the Judgement shall last other 1700 years , because otherwise the glorious Attributes of Christ's Mercy and Justice cannot be sufficiently explained to the World and the Consciences of men . All which Fopperies with many mo too horrid to relate , are contained in M. Archers Personall Reign of Christ upon Earth , Rich. Stirreys Kingdome of King Jesus , and in A.R. his Caelestis Hierusalem , Printed A. 1642 , 1644 , and 1645. Now having unmasked the vanity of this Error ( ut contraria juxtà se posita magis elucescant ) I will epitomize in this Section the truth of the future estate of the World , from this time to the end , which afterward I intend ( God willing ) further to dilate and prosecute in this Treatise . This year 1650 all Europe are in civil Warres . These civill warres shall not cease till they have mustered out a great Army of the true worshippers of God to ruine Rome , which shall be about Anno 1666. Rome thus destroyed , the Western Jews shall begin to learn the waies of God , and believe his Gospel ( which they cannot do so long as Rome standeth ) and shall Anno 1683. enter upon the conversion of their Eastern brethren ( the 10. Tribes now invisibly hid in Tartaria and India ) and they two ( none else ) shall ruine the Mahumetan Empire about An. 1698. and so shall be restored to the holy Land to reinhabit Jerusalem . Then must begin a comparative felicity of the Church of God upon earth , because after these times both Turk and Pope shall be destroyed . Neverthelesse this felicity must be mingled with internall troubles and persecutions , within the bowels of the Church , because the Church shall never be wholly at rest , while the world standeth . Lo , here the difference betwixt Truth and Heresie , betwixt the opinions of the Millenaries and right sense of Scriptures . The Millenaries say , Christ must descend personally from heaven : The Scriptures on the contrary say , he shall not come from Heaven personally till the last day , when he shall descend with his holy Angels in flaming fire to judge the quick and the dead . He shall send power and strength from heaven to his true Worshipppers ( as he hath done hitherto ) to destroy Tu●k and Pope , from Heaven he shall give power to his ancient people the Jews , to regain their ancient Land of Judea , and not by his corporeall presence upon Earth : from Heaven about An. 1700. he shall transferre his Gospel from Europe , as he hath done from Asia , and raise up and inspire godly Ministers after his own will , who shall implant his holy word in all and every of the Kingdomes and Provinces of America , and in all countries of the Southern and Eastern India , China , Tartaria , and in all the regions of the North unto the worlds end , and make it shine in as great purity and glory as ever it hath done in England or Germany . This is the felicity of the Church , the fifth Monarchy in Nebuchadnezzars Image , the ministeriall ( not personall ) Reign and Kingdom of Christ upon ●arth , which must not endure for ever ( as Archer would have it ) nor for a 1000 years ( as Alsted dreams ) but for a very short time , that all Nations ( none excepted ) may professe Gods worship , and none plead ignorance before his Tribunall , presently after which the dissolution of the world shall come , after which time shall be no more . IV. This Digression made , I return to my purposed method . That fearfull and ominous Night-torch , which prognosticated all that misery to Germany and great Brittain , which they have now suffered , was the forerunner of all our evils . This Comet Longomontanus and D. Bambridge say appeared but 28. dayes , indeed it was neither observed in Denmark nor at London before Novemb. 18. or 21. but Erycius Puteanus observed it Novemb. 11. the first time , as he testifies in the first book of his learned Paradoxologie , pag. 33.38 . so it appeared for the space of 37. or 38. dayes , foreshewing that first Germany , Livonia , Swethland , with other North-parts of Europe , then Scotland , England and Ireland , should feel the terrible effects thereof in warre and famine , for the space of 37. or 38. years , even from An. 1618. till An. 1656. This Comet was strengthned by a fearfull conjunction of Saturn and Jupiter , An. 1616. July 18. The effects of both which were not to be confined in those terrible concomitants of war perpetrated in Germany ( which L.B. and D. Vincent so pathetically delineate ) but were to end in the judgements of God upon Europe for neglecting the downfall of Antichrist , ruine of Rome , annihilation of the Sodomiticall Order of the Society of Jesuites , and in the extirpation of all Kingdoms and free States of Papists , to make way for the Lion of the North to erect his FIFTH MONARCHIE in the ashes of Germany , wherein shall be established the eternall felicity of the Church , by the conversion of the Jews and fulnesse of the Gentiles . M. Shirley Fellow of Trinity-Colledge in Cambridge , once shewed me a Letter from his learned friend Buxtorf , dated An. 1624. May 3. wherein was contained a Prognostique Prophecy of the before-mentioned Comet and Conjunction , sent him from that incomparable Astrologer , Iohannes Baudensis Nephew to Paul Grebner , which for the strangenesse and rarity of it , I will here insert . Caeterùm , quòd de patriae nostrae afflictissimae statu consilesco , indignaris ; nihil profectò scribendum nunc hab●o , nisi omnia ( ut Poetae verbis utor ) in pejus ruere , & retrò sublapsa referri . Tam Danus quàm Caesar ●nixè laborant , ut miseram Germaniam quamprimùm p●ssum iri spectem : Nec milites utriusqùe quiequam aliud meditan●nr , nisi strages & vastitatem . Accepi nudiustertiùs à Johanne Baudensi ( amico mihi multimodis charissimo ) sententias nostratium Astrologorum de horribili illo Comet● , qui Anno 1618. apparuit , & nuperrimâ Saturni & Iovis Conjunctione . En tibi vaticinium , si no● Apostolicum , at longè ( ni fallor ) plusquàm Astrologicum . Surrexit Deus & gladium eduxit . Clades magnorum Imperatorum , strages populorum , regum funcra , rerum-publicarum eversiones , monarchiarum mutationes , assassinationes principum & ducum illustriorum , violenta & superba consilia , proditiones & rebelliones inter Subditos in hoc coelo nostro Europico exorientur . Exporientur religiosi à potentioribus Legum & institutorum Ecclesiasti●orum mutationem , à plebeijs novarum rerum inexplebilem cupiditatem . Boreales Europae partes ferro , morbo & peste laborabunt , depauperabuntur divites , Principes Dominijs exuti erunt , exulabunt patres & filij post longum turb●rum intercapedinem in integrum restituentur . Hic quoque Cometa terribilem Romae ruinam , singulisque Europae civitatibus incendia minitatur● Clerici Papicolae praecipuè Cardinales de gradibus suis dejicientur , Loiolistae ubique ad mortem rapientur , nec Gallis aut Hispanis animus erit carnificum l●queos evitare . Quinimò cernimus etiam in terrâ sanct● à veteribus incolis● oriturum Regnum , quod ●rit Christianis miraculum , & Orbi terriculamentum . Novique Imperij Revolutio istis succedet , sub quo generale gaudium , laetitia & voluptas humano generi subministrabitur , improbis ubique de medio sublatis . Haec omnia per Regem quendam Borealem peragentur , qui pacem , Religionem , & Securitatem per totum Orbem miraculosè stabilibit . Whereas you are angry that I keep silence concerning the esta●e of our most distressed Countrey . Truly I have nothing now to write , but that all things ( that I may use the words of the Poet ) grow worse and woese . As well the King of Denmark as the Emperour earnestly endeavour to see miserable Germany destroyed as soon as may be ; neither do the souldiers of either of them , think of any other thing then slaughter and desolation . I received the other day , from my dear Friend Iohn Baudensis , the opinions of our Astrologers concerning that terrible Comet which appeared Anno 1618 , and about the later Conjunction of Saturn and Iupiter . Behold thou then a Prophecie ( if not Apostolical ) yet ( if I mistake not ) far beyond Astrological . GOD hath arisen and drawn his sword : There shall happen in these our European Regions , the destruction of great Emperours , the slaughter of people , Funerals of Kings , subversions of Common-wealths , mutations of Monarchies , massacres of Princes and illustrious Commanders , violent and proud Counsels , Treasons and Rebellions amongst Subjects : Clergie-men shall finde a change of Laws and Ecclesiastical Constitutions , by those of greater power , and an insatiable desire of new things amongst common people . The Northern parts of Europe shall be greatly oppressed with Warre , Sicknesse and Pestilence . Rich men shall be impoverished , Princes cast out of their Dominions ; The fathers shall be banished , and after a long space of trouble their children shall be restored to their former condition . This Comet also threatneth the terrible ruine of Rome and burnings in all the Cities of Europe . The Papistical Clergy , especially the Cardinals , shall be cast down from their Dignities , the Jesuites every where shall be drawn to death , neither shall the French-men or Spaniards have courage to save their necks from the halters . Furthermore , We discern a Kingdom to arise of the most ancient Inhabitants in the holy Land , which to Christians shall be a Miracle , and to the World a terrour ; and these shall obtain the Revolution of a new Empire , under which shall be administred universal Gladnesse● Joy and Delight to mankinde ( the wicked being every where taken away . ) All these things shall be effected by a certain Northern King who shall miraculously establish Peace , Religion and Security throughout the whole world . Thus far the words of this Letter . And how punctually all these things are come to passe , let the world judge . We in England have felt the misery of the one , and are ready stript to suffer the calamities of the other , having for the present lost what is impossible to be regained , and seeing a new storm of Devastations hanging over our heads by the young Kings late arrival in Scotland ( where he is received as absolute Soveraign ) which fil● mens hearts with pensive thoughts and doub●ings what will be the end of these wofull beginnings . For my part , I am a zealous adorer of a Parliament , nor deserve I to censure the Actions of our Representatives , yet will I not promise the Term of an Age to our novel Government , but think ve●ily , a change to the old Model is nigh at hand . It is casual to the best Kingdoms to have Interregnums , but as we stand now , we shall ne●ther be for six years together a Body Politique , nor a true Church of God. That excellent Astrologer of Misnia , Paul Grebner , was more then an Inquisitour into the Effects of Starres , being questionlesse indued from above with a Prophetick spirit , not to be desired , much lesse expected of all . He plainly affirms , That as England ever was a Monarchy within it self , since it was discovered by the Romans , so shall it so continue and remain , even then when all other Kingdoms and States in Europe are swallowed up of the FIFTH MONARCHIE of the Lion of the North. His Prophecie of our Civil Wars , of the Fate of our late King , and the Restauration of his Son to his Fathers Dominions , runneth thus in Ban. 72. Per idem tempus Rex quidam Borcalis ( nomine Carolus ) Mariam ex Papistic● religione sibi assumptam in matrimonium conjunxerit , ex quo evidet regum infelicissimus . Unde populus ejus , ipso abdicato , Comitem quendam perantiquae Familiae regno praeponet , qui tres annos , aut circitèr durabit ; & hoc quoque remoto , Equitem quendam bellicosum in ejus locum assumet , qui paulò ampliùs regnabit . Post hunc eliget nullum . Interea , unus è stirpe Caroli in littore regni patres sui cum Gallicis , Suevicis , Danicis , Hollandicis , Burgurdicis & Germanicis auxiliis stabit , omnes inimicos suos cruentissimo praelio superabit , & posteà regnum suum felicissimè administrabit , eritque Carolo magno major . And in Ban. 74. he saith , Circà Anno 1663 Brittaniarum Rex antiquum cum Belgarum Ordinibus foedus & amicitiam rumpet , ob ereptas sibi ab ipsorum piratis naviculas quasdam , qui pertrepidi ad novum Danorum Regem ( nomine Christiernum ) confugient , qui utrosque primò compositissimis orationibus , deinde muneribus in concordiam alliciet . About the same time a certain Northern King ( named Charles ) who shall marry Mary of the Popish Religion to his great unhappinesse , so that his people ( rejecting him ) shall set up an Earl of a very ancient Family , who shall continue three years or thereabouts , he dying they shall elect in his stead a warlike Knight , who shall rule a little longer : after him they elect none ; But in the mean one of Charles his Stock shall land on the Sea-coasts of his Fathers Kingdom , and with French , Swedish , Danish , Hollandian , Burgonian and German Forces , in a most cruel battell shall vanquish all his Enemies , and afterward most happily govern his Kingdom , and be greater then Charls the Great . And about the year 1663 , the King of the most ancient Brittains for the losse of some Ships at Sea shall break his League and Amity with the States of Holland , who fearing , shall to the new King of Danes ( named Christiernu● ) for succour , and he by fair Intreaties and large Gifts shall win either side to Agreement . Nor ever doth he speak of England in all that famous manuscript , but as of the most warlike and potent Kingdome in Europe . Therefore all good Christians ought to wish the new Warre were concluded rather by an happy Agreement and Composition , then by Sword and Musket , and the King placed on his Throne rather with the hands of his loving and and rejoycefull Subjects , than with the swords of Forreigners . For if the beginning of his Restauration be in bloud , and tumbling of garments in bloud , the Accomplishment of it will be with burning and fuel of fire . That this future History of Europe , may be more fully and clearly understood , I intend to set it down by way of Chronology upon the principall passages in Ezekiel and the Revelations , as I lately collected it out of the two MSS. of Grebner and Ioannes Baudensis , and afterward subscribed certain Notes and Animadversions upon the same . THe woman travelleth , viz. The Jewish Synagogue bringeth forth Christ , whereupon ensueth the battel between Anno Christi . 1 Michael and the Dragon ( Christ and the Devil ) Anno Mundi . 3947 Christ being persecuted of the Devil by Herod in his Infancy , flieth into Aegypt , in his appointed time of 34 years , suffereth and ascendeth into Heaven ; The Devil enraged Anno Christi . 34 that he could no more persecute Christ , raiseth persecutions Anno Mundi . 3981 Anno Christi . 65 against the Primitive Church by Nero and others , Revel . 12. per tot . Anno Mundi . 4012 Anno Christi . 70 The first Seal opened● The white Horse and his Rider , with Anno Mundi . 4017 the crowned Bow , signifieth the purity of the Gospel in the Primitive Church , Revel . 6.2 . Anno Christi . 71 Satan is bound for a 1000 ●ears from raging against the Church , Anno Mundi . 4018 Revel . 20.2.8 . Anno Christi . 65 The second Seal opened , The red Horse is the massacre of Anno Mundi . 4020 Christians in the ten general Persecutions about A●no 65 , to An. 330. Revel . 6.3 , 4. Anno Christi . 104 The third Seal opened , Simon Magus , Ebion and Corinthus Anno Mundi . 4051 trouble the Church with damnable and infectious Heresies , Revel . 6.9 , 6. Anno Christi . 173 The fourth Seal opened , Horrid Famine , devouring Pestilences Anno Mundi . 4120 and outragious Wars , waste and depopulate the Roman Empire for cruelty to Christians , Revel . 6.7 , 8. Anno Christi . 194 The fifth Seal opened , Mutual Massacres of the wretched Caesars , Anno Mundi . 4141 beginning at Pertinax , and ending at Licinius , slain by Constantine the Great , Revel . 6.9 , 10 , 11. Anno Christi . 288 The sixth Seal opened , Dioclesian and Maximilian give over Anno Mundi . 4235 their Caesarships , because they could not eradicate Christianity . Constantine strengthened with their Armies and Provinces , warreth upon Licinius , slayeth him , destroyeth the Pretorian-Camp , abolisheth Heathenism , and setteth up the true Worship of God , Revel . 6.12 . to the end . The seventh Seal opened , And silence in Heaven for half an hour , viz. The Church enjoyeth rest thirty years , all the time that Constantine Anno Mundi . 4255 the Great reigned , Revel . 8.1 . Yet clouds of persecution Anno Christi . 308 Anno Mundi . 4286 arise in the interim in the sky of the Church ; and the seven Angels Anno Christi . 339 prepare themselves to blow the seven Trumpets for the space of 23 years , even all the reign of Constantines three sons , Revel . 8.2 , 3. Anno Mundi . 4310 Iulian that wretched Apostata bending his utmost endeavours to Anno Christi . 363 ruine the Gospel , licenceth 17000 Jews to return to Ierusalem to rebuild their Temple ; but God destroyeth them all by Lightnings and Pestilences : Horrible Earthquakes cast up into the Air the foundations which had been buried in rubbish till then . Therefore Daniels compute of the Temples finall ruine must but begin then ; there begin his two Numbers ( Chap. 12. ver . 11 , 12. ) of 1290 , and 1335 , which in all must but make 1335 years , which added to 363 , make up and point to Anno Christi 1698 , the joyfull Jubile of the Churches Deliverance from all Adversity . Anno Mundi . 4373 The first Trumpet blown . Fire and hail ( war and bloudshed ) Anno Christi . 426 cast into the troublesome Sea of the Roman-Western-Empire by Valentinian , and the succeeding Emperours , untill the end of the Western-Empire , The savage Inundations of Goths , Huns , Vandals and Bulgarians into Italy , Revel . 8.7 . Anno Mundi . 4553 The second Trumpet blown , Boniface that Mountain of fiery Anno Christi . 606 Combustions obtaineth of Phocas the Popish Supremacy . Hence wars betwixt the Emperours and Popes , Revel . 8.8 , 9. Anno Mundi . 4613 The third Trumpet blown , The Romish Bishop ( the great Anno Christi . 666 Star of the Western Christian Clergy ) falleth from the Heaven of Truth and Godlinesse , and of a vigilant Pastour becomes a ravenous Robber of the Church , and the gifts thereof , Revel . 8.10 , 11. Anno Mundi . 4946 The fourth Trumpet blown , The Pope fallen from Piety , Anno Christi . 999 and his Clergy from the Pulpits , Christ the Sun of righteousness with his Merits , the Church the Moon , and the Ministers the Stars thereof are eclipsed , and vilified by Sylvester II , Revel . 8.12 , 13. Anno Mundi . 5018 Satan loosed out of prison beginneth to rage by Gregory VII Anno Christi . 1071 against the Gospel of Christ , Revel . 20.4 . Anno Mundi . 5140 The fifth Trumpet blown , The Vicar of Christ with his Anno Christi . 1195 Keyes openeth hel's mouth to let out his Cloister-fiends and satanical Locusts to overspread the Earth of Christendome , described by Iohn most graphically , Revel . 9.9 . to 13. Anno Mundi . 5245 The sixth Trumpet blown , The Ottoman Empire ariseth , invadeth Anno Christi . 1300 first the Eastern-Empire of Constantinople , and winneth it : then flieth upon the Germane Emperour with barbarous millions of invincible Armies , Revel . 9.13 . to the end . The saying , Revel . 9.15 . of the Turks preparation for a day , a moneth , and a year , beginneth now . Which Number allegorically taken maketh 398 years : which added to A. 1300 , the year of the original of the Turkish Empire , sheweth that A. 1698. shall be the final down●al of the same . Anno Mundi . 5462 The last Trumpet is blown , The Thrones , Principalities and Anno Christi . 1517 Dominions in Heaven rejoyce , that God would now at length take his Churches Cause in hand , and raise up Luther , and other Sons of Thunder to vindicate the quarrel thereof against the Romish Antichrist to the ruine of his Kingdom , Revel . 11. from ver . 15. to the end . By eating of the Book , Chap. 10. Measuring the Temple and slaying the Witnesses , Chap. 11. is understood the Reformation by Luther , and downfall of the Papacy under Charles the fifth . Anno Mundi . 5504 The first Vial poured out , England , Scotland and Ireland by Anno Christi . 1559 the Reign of Queen Elizabeth , renounce the Papacy ; which generates the ulcers of spight and malice in the Romish Church against England , Revel . 16.2 . Anno Mundi . 5518 The second Vial poured out , Martin Chemnitius and others , pronounce Anno Christi . 1572 the vengeance of God against the mortiferous Sea of the Councel of Trent , Revel . 18.3 . Anno Mundi . 5528 The third Vial poured out , The stinking Waters of the Papacy Anno Christi . 1583 are infected with bloud in murthering of the Popes and Romanists in Rome , the slaughters of the Spaniards in the Low-Countreys , and the Discomfiture of the Spanish-Armado in Anno 1588. Revel . 16.5 , 6 , 7. Anno Mundi . 5540 The fourth Vial poured out , The Protestant Champions Pareus , Anno Christi . 1605 Polanus , Whitakers , Perkins , Andrews , King Iames and others , pour light upon the Sunne of the Gospel , in writing against Bellarmine , Stapleton , Campian , and other Papists , Revel . 16.8 , 9. Anno Mundi . 5565 The fifth Vial is now pouring out , The Swedes in Germany , Anno Christi 1630 An. . 1632. The English in England , 1640 , combine against the Papists , Jesuites proscribed in Poland and Swethland , Anno 1648. This Vial shall end in the ruine of Rome , Anno 1666. Revel . 16.10 , 11. Anno Mundi . 5594 The sixth Vial beginneth to be poured out , Three barbarous Anno Christi . 1659 Nations sack Hydruntum in Apulia , made enrodes into the Eastern Coasts of Italy , and sack them with fire and sword . Factions and Massacres in Rome and Tuskany . The Pope contemned and invaded , The Western Christians make an Army , and fire Rome in the 2419 year after Romulus laid the foundation thereof , as Sibylla prophesied . Oracul . lib. 4. Revel . 16. from ver . 12. to 17. Anno Mundi . 5595 The faithfull and true Warriour riding upon a white Horse Anno Christi . 1660 descendeth from heaven with his Souldiers riding upon white horses , to fight against the enemies of his Church . The Angel in the Sun calleth to all the fowles of heaven , to come to the feast of God , to eat the flesh of Kings , Captains , mighty Men and horses . Rev. 19.11 , 17 , 18. And I saw the beast and the Kings of the earth , and the Warriours gathered together , to warre against him that sate on the horse , and against his Souldiers . But the beast was taken , and with him the false Prophet , that worketh miracles before him , whereby he deceived them that have received the beasts mark , and them that worship his image : These two were cast alive into the lake burning with fire and brimstone , &c. Ibid. 19 , 20. Anno Mundi . 5601 Vrbs antiqua ruit , multos dominata per annos : Anno Christi . 1666 Destruiturque armis gens scelerata suis. Go out of her my people , that ye be not partakers of her sins , nor receive of her plagues . Forasmuch ( O Rome ) as thou glorifiedst thy self , and livedst in pleasure , saying , I sit a Queen , am no widdow , and shall see no sorrow : therefore shall thy plagues come upon thee in one day , death , sorrow and famine , and thou shalt be burnt with fire ; for strong is the Lord God that judgeth thee . The Kings of the earth shall bewail thee , and thou shalt never more be inhabited , the light of a candle shall shine no more in thee , and the voice of the Bridegroom and of the Bride shall be heard no more in thee . Rejoyce ( O heavens ! ) for righteous are Gods judgements , He hath condemned the great Whore. Then they sung Hallelujah , and her smoak arose up for evermore . Rev. 18.7 , 8 , 20. & 19.3 . Anno Mundi . 5614 Rome being destroyed , Jews dwell amongst Protestants , and begin Anno Christi . 1679 to search into the Scriptures , and learn the waies of God. Anno Mundi . 5618 A g●eat Conjunction of Saturn and Iupiter in Leo. The Jews Anno Christi . 1684 converted in the West , prepare to unite with their Brethren in the East , and raise a Combination to propagate the Gospel and destroy the Headless Turks . Anno Mundi . 5622 Praise our God all ye his Saints and Servants , and ye that fear Anno Christi . 1687 him both small and great . And I heard the voice of a great multitude both small and great , as it were the sound of many Waters , and as the voice of strong thundrings , saying , Hallelujah , for the Lord our God reigneth . Let us rejoice and be glad and give glory to him , for the marriage of the Lamb is come , and his wife hath Anno Mundi . 5633 made her self ready , Rev. 19.5 , 6 , 7. The dreadfull and terrible Battell of the Jews with the enraged Anno Christi . 1698 Turks in the land of Judea , where the Turks are destroyed with an eternall destruction . Ezech. 38. & 39. chap. all . Gog and Magog , ( viz. Turks and Tartarians ) gather themselves together to battell , whose Number is as the sand of the Sea , and they went up into the plain of the Earth , and incompassed the Tents of the Saints abo●t , even the beloved City , but fire came down from God out of Heaven , and destroyed them Revelat. 20.8 , 9. Anno Mundi . 5635 THE FIFTH MONARCHY . Anno Christi . 1700 Anno Mundi . 5645 ANd I saw a new heaven and a new earth , for the first heaven Anno Christi . 1710 and the first earth were passed away , and there was no more sea . The new Jerusalem came down from God out of heaven , trimmed like a Bride to meet her husband . And I heard a great voice out of heaven saying , behold the Glory and Tabernacle of God with men , and he shall dwell with them , and they shall be his people , and God himself shall be their God with them : and God shall wipe away all tears from their eyes , and there shall be no more death , neither sorrow , neither crying , neither shall there be any more pain , for the first things are passed away . Rev. 21.1 , 2 , 3 , 4 , &c. Anno Mundi . 5698 No more Germany , no more any Western Empire or any footstep Anno Christi . 1763 thereof ; for God hath now transplanted his Gospel from Europe unto a more gratefull and pregnant soyl , which will bring forth the fruits thereof in due season . Anno Mundi . 5699 Iam nova Progenies coelo demittitur alto , Anno Christi . 1764 Exoriturque atris Lucifer albus equis . Anno Mundi . 5702 The holy Temple restored at Jerusalem : the holy utensils prepared : Anno Christi . 1767 the glory of God fil●eth the house , God lovingly upbraideth the Israelites for their infidelity and Idolatry , for which they were Vagabonds in all Coasts of the World 2400 years , without King , Law , Priest and Temple , and rehearseth their blessed and joyfull estate now being converted and victorious over all their enemies . Ezech. 12. last chap. per tot . Anno Mundi . 5705 Behold I make all things new . Rev. 21.5 . Anno Christi . 1770 Anno Mundi . 5728 The Jewish Magistrates and Ministers labour in the Conversion Anno Christi . 1793 of the World to the Gospel of God. Ezech. 46. per. tot . Anno Mundi . 5765 The seventh Viall powred out , And now are all things fulfilled Anno Christi . 1830 which are contained in the Scriptures . After which all Nations may expect the comming of the great Judge , to render to every man according to his works . Thus farre reacheth the Observations of Grebner and Baudensis . VI. BEfore I come to comment upon this Chronologicall Index , it will not be amisse to deliver that saying , Revel . 20.8 . ( And the Saints shall reign with Christ a thousand years ) from all those false Interpretations which have been fastned upon it , by Papias , Bucholcherus , Scaliger , Brightman , Alsted and others , and declare the true sense of it , as remotest from Innovation , and coming nearest the intention of the H. Ghost . There is in this 20 Chap. two severall Epoches of a 1000 years , which are two severall waies to be interpreted . The first is in vers . 2. of Satan being bound for a 1000 years ; which must begin either at the Instant of our Saviours Incarnation , and end at An. 1000 , in the 2● year of the Popedome of Sylvester II , that infamous Sodomite , Necromancer , and Conjurer , under whom the filthinesse and Idolatry of the Romish Church was brought to the height : or rather they must begin at the Destruction of the 2 d Temple by Titus , which was An. 71 , and end in An. 1071 , in the Popedome of Gregory VII , aliàs Hildebrand , who first broke bonds of Allegiance with Henry the Emperour , excommunicated him , set the Gospel in a totall Eclipse , and Europe in the mournfull Flames of a civil Warre : but of this in the Chronology . But this in the 8 vers . of the Saints reigning with Christ a 1000 years , Alsted , Bucholcherus and others expound of a Comparative Felicity of the Church on this Earth , for a 1000 years , beginning An. 1694 , when they say all visible Enemies of the Church shall be overthrown , and must end An. Ch. 2694. after which shall be the Warre of Gog and Magog against the Church , which shall be prevented by the coming of Christ to judgement . But in this Alsted is wide from the right mark : for this number must begin An. 1072 , at the expiration of the former , and must be interpreted for all that time that the World shall last after the aforesaid An. 1072. And the holy Ghost doth term this indefinite and unlimited time by the Number of a 1000 years , for three speciall Reasons : 1 Because a 1000 years are the Number of Perfection and of Eternity , and doth most aptly serve to expresse the End of these Earthly Troubles , and the beginning of that Time which never shall have end . 2 Because those things which the holy Ghost in the Scriptures affirmeth are yet to come , must not be plenarily accomplished till after An. 1830 , it may please God that the glorious and flourishing estate of the Church and Gospel here upon Earth , may continue much of 200 years longer , to increase the number of them who shall be saved , and to amplifie more the heavenly Attributes of Gods Mercy , Righteousnesse , Truth , Holinesse and Omnipotency in the Salvation of the Just : and his Equity , Judgement and Uprightnesse in the firebrands of destruction . 3 Because a vicissitudinary time of Affliction and Ease , Persecution and rest , pure Doctrine and Heresies , is signified to be the whole continuance or most part of a 1000 years , wherein those who are to suffer for the Testimony of the Word of God , and the truth of Jesus Christ , shall have their reward after the expiration of that time , which cannot be till after the last generall Judgement . The fearfull and ●errible Warre of Gog and Magog ( viz. the bloudy Warre of Turks and Tartarians with the Jews newly converted in the Land of Iury , in which the very name of Turks shall be rooted from off the Earth ) must be before the beginning of this glorious Estate and Felicity of the Church of God here upon Earth , and therefore the 7 , 8 , 9 , and 10 verses , are in order of time before the 5 and the 6. The Devil and Antichristianity must be chained up in the dungeon of Hell for the space of a 1000 years after the Incarnation of Christ. An. 1000 must the Devil and Romish Idolatry by the Popedome of Sylvester the second , be let loose to range upon Earth , and tyrannize over the Church for the most part of another 1000 , ever till An. 1698 ( numerus completus being put here pro incompleto ) before an happy and comfortable Estate of the Gospel can be brought forth to the World. herefore all Christendome from this year 1650 , must expect very sad and wofull daies , much persecution , bloodshed and savadge ty●anny in every Kingdom of Europe ( especially in France , Spain , Italy , Swethland , Germany and England ) untill An. 1698. Some of those Kingdoms which have abandoned the superstition of the beast , shall by subtle allurements be perswaded to readmit and reestablish the same . Wofull and unsupportable Afflictions shall befall both the European Jews ( which are the two Tribes of Benjamin and Iudah , now resident in Christendom and Turkie ) as likewise the ten Tribes , the Kingdom of Israel ( who shall insensibly and miraculously arise out of the bowels of Tartaria and India , about An. 1669. ) who neverthelesse shall be so extraordinarily supported by God , that they shall stand in little or no need at all of the Christians . Because from this time of the Conversion of the Israelites for the spac● of 30 years , these 12 Tribes shall suffer much trouble , Heathens , Papists and Mahometans , shall strive to eradicate their name from under heaven , and yet all in vain ; for an illustrious and heroick Prince ( è Tribu Nephtali oriundus ) shall be their valiant and fortunate Commander , called Michael , not proprio nomine , but because he Dan. 12.1 . shall stand up and shew himself the Assertor and Protector of their Religion and Liberty . In which time shall be such troubles as never were , no , nor ever shall be to the end of the world . For like as the Christians had rest 30. years from the Ascension of Christ , and now have endured the fiery triall almost these 1600. years , since that time from the Heathen Emperors , and the Beast ; so the Israeli●es , which shall 1600. years till Anno 1668. live without Prince , Law , Temple , Sacrifice , and true Religion ( as Hosea prophesied ch . 3. v. 4 , 5. ) beginning now to be converted to Christ , shall have savage times of affliction and Butcheries for other 30. years ( to welcome their conversion withall ) till Anno● 1698. when God shall grant rest from their enemies , and begin a peaceable estate of the Church . VII . Entring at length upon my Notes on the afore-said Chronology , I think it meet first to strengthen the former Epoch's of the ruine of Rome , downfall of the Turk and Tartar , and the Conversion of the Jews by the Conduct of certain memorable Numbers in holy Scriptures . Grave and judicious Authours have with wonder and admiration observed the heavenly and inimitable Method of holy Scrjptures , how all the Mysteries and memorable Occurrences in the same are comprized in Numbers , how within the compasse of such a Quantity of years , God alwayes divulged his Counsels , and manifested what he purposed should be wrought among the children of men . So that in considering the admirable consent and agreement of Times by things past , we may probably conjecture of things to come . From the Creation to the Floud was 1656 years : the Floud was a sign of the Consummation of all those things which are to be fulfilled before the conclusion of time . Anno Christi 1656 , let the Church of God expect with joy and comfort , the acting of the first Scene of the Tragedies of all those European Kingdoms , which have been implacable Persecutours of the Gospel of Christ. The whole Government of Moses ( who was a second Noah to the Church ) is a shadow of the Kingdom of Christ. The Law continued in force 1529 years to the Passion of Christ : But 1598 years to the Destruction of the Temple by Titus : The Destruction of the Temple by Titus was according to the accompt of Dionysius Exiguus , A. C. 69. From thence reckon the Number of 1598 years , and you come to A. 1667 ; which is the year which shall smoke with the ascending up of the Flames which consume the Kingdom of the Beast . From the Nativity of Christ to his Re-nativity in the preaching of his Gospel by Luther and other eminent Ministers are 1517 years : And from the beginning of the Reign of the Maccabees untill the Birth of Christ are 169 years : Put these two sums together , and you come to Anno 1686 , in which God having 18 years before enlightned the eyes of those who for almost 2000 years have sit in darknesse , and in the shadow of death , and having laid the Kingdom of the Beast and the false Prophet in the lowest dust , shall bring that people into the bosome of the true Church , which within 13 years after shall deliver his children from all adversity . From the universal Deluge of man-kinde by the Floud to the beginning of the universal Captivity of the Church under Nebuchadnezzar beleaguering Ierusalem are numbered 1698 years : So likewise from the Birth of the King of Kings unto the final Consummation of the Miseries , and restauration of the Felicity of the Church by the Destruction of Gog and Magog , shall be reckoned the very same Number of 1698 years . From the Confusion of the Tower of Babel to the return of the Jews from Babel , are 1666 years : and from prophane Pompey's spoiling of the Temple at Ierusalem ( when the Kingdom was taken from the house of David , and Superstition and Gentilism began to spring up amongst the Jews ) to the Birth of of Antichrist and Apostasie in the Church of God are 666 years ; from thence ●eckon a 1000 years wherein the Saints must suffer Persecution and Martyrdom for the Testimony of Jesus Christ , and the truth of a good Conscience , Revel . 20.4 . and you come to A. 1666 , in which shall be fulfilled all those things which are mentioned , Revel . 18 , and the 19 Chapter . So likewise from the Departure out of Aegypt , untill the Death of Christ , are numbered 1542 years : to these adde ●hose 169 years , which are from ●he beginning of the Reign of the Assomonaei or Macchabees to the Birth of Christ , and you come to Anno 1711 ; which year shall be wonderfull and terrible to all the world , because that in the year next going before ( viz. Anno 1710. ) the abominable Names and mention of Papists , Turks and Tartars being eradicated from the memories of men , the glorious Estate of the Gospel , and the terrestial Felicity of the Church of God shall begin over the face of the whole Earth . From the Birth of Moses untill the Destruction of Ierusalem by Titus ( which typifies the end of the world ) are 1646 years : so many from the Incarnation of our Saviour , denoted that year , whose influence hath begun , and shall prove fatal to most of the Kingdoms of Europ● : adde to these 20 years to come after , from that time ( which 980 years ago were prophesied of , to be those years , in which the Kingdom and the Dominion , and the greatness of Kingdoms under the whole Heaven , shall be given to the Saints of the most High , whose Kingdom is an everlasting Kingdom , and all Dominions shall serve and obey him , Dan. 7.17 . ) and it will amount to the year of the fatal Ruine of the Beast , Anno 1666. From these few Particulars of the Consent and Agreement of times in the holy Scriptures , I infer thus much . About the year 1657 shall be great Changes and Alterations in Government in every Kingdom in Europe , as well Protestant as Papist , attended and accompanied with such horrid Combustions and Massacres , as hath not been before since the memory of man. This shall make way ( as I said before ) for the Protestants to unite in a general Combination to send Forces under the Conduct of an invincible Cyrus over the Alps to harrow Italy with fire and sword , and after level the wals of ●ome with the lowest dust , Anno 1666. For as in the year of Grace 666 , Popery was brought to a full maturity in the Womb by Vitalian ( who ordained Latin-Service in the Church , contrary to Christs Institution , and the precedent Primitive times ) and as 1000 the Number of Perfection and Eternity is seldom used in our ordinary Computes , but left out for brevity sake ( as we use to say , The Spanish-Armado was in 588 for 1588 , and the Powder-plot in 605 for 1605. ) so it is most certain and indubitable , that as the Birth of Antichrist was in Anno 666 , so the death of it shall be Anno 1666 , though the Carkasse of it may lie unburied for 30 years after , yet questionlesse it shall with Gog and Magog b● cast into the Lake of Gods wrath at one and the same time . This ruine of Rome shall make way within ten years after to the Conversion of the Jews : For seeing the Kingdom of Antichrist ( as now it is ) is the only Let to their Conversion ( for all the Jews that now are , live within the Papacy , and are prohibited from turning Christians , partly because of the Idolatry they see amongst the Papists in their worshipping of Images ( the Jews being Zealots in the second Commandment ) partly because at their Conversion with the Papists they must renounce all their goods as ill gotten , which rigid Condition a worldly people will never yield to ) therefore till the very name and power of Popery be destroyed , and they admitted amongst Protestant Kingdoms , there can be small hope of their Conversion . But now Antichrist totally destroyed , they begin to see into their Errours and Ignorances , endeavou● to learn the wayes of God , and that the Saviour of the world ( whom they so long expected ) is come so many years since and suffered . This Conversion of the Western Jews shall be compleated in that fatall and terrible year 1683. And six years after that shall they be united with their Eastern-Brethren the 10 Tribes captivated by Salmanasser , who have for 2433 years lien invisible in the bowels of the Kingdoms of Turks and Tartarians . The Christian world neither must nor ought to enquire , how this people which have lien hid and obscured so long a space , shall in so small a time as a year and an half , so visibly , so powerfully , and so magnificently arise to the Terrour and Conquest of the whole Earth . The holy Ghost declareth , Ezek. 37.8 . by the dry bones , fleshed and indued with life in an instant , so that they stood upon their feet , and became a great Army ; what a strange , horrid and wonderfull thing this shall be , and how terrible it shall appear to the sight of the world in that year ; which within 15 years after ( viz. Anno 1698. ) shall fight that famous and fearfull pitcht-field with the united For●s of Turks and Tartarians , which shal● prove the Deliverance of the Church of God from all adversity . Thrice shall Europe within this time strive to establish that power , which Superstition and Tyranny first pro●reated : Thrice shall the children of this world raise innumerable Forces to destroy the Saints of the most high : Thrice shall the Power of Godliness prevail in the hearts and arms of those , who shall make the Land thrice drunk with the bloud of the Enemies of Christ ; and whose grand Ancestours stew'd it so oft with the bloud of the Prophets and Apostles . Preparatives to these fearfull Wonders shall be those horrid and ominous Eclipses preceding the year 1660 , fatall and conspicuous to Europe ; signs both of God's paternal Chastizements for Sects and Schisms in the Church , and of his consuming Judgements impending upon the implacable Enemies thereof . In the year 1654 , August 2. shall happen a fearfull and lamentable total Eclipse of the Sun in the 39 Degree of Leo , about half an hour before high Noon , where shall be seen the mighty hand of God working Wonders in Italy , Sicily , Bohemia , Greece , Armenia and Syria , the Kingdoms subject to Leo. The body of the Sun in this Eclipse will be totally darkned for the space of two hours and 29 Minutes : it will be so great , the like hath not been before , nor after shall be : greater then that Eclipse of the Sun which was Feb. 25. 1597. commonly called the dark Saturday . Of this Eclipse thus Baudensis M.S. fol. 105. Exercit. 59. Papa , dum Petri patrimonium dilaturus , Italicum quendam Ducem possessionibus spoliabit avitis , &c. The Pope attempting to enlarge Peter's Patrimony by seizing upon the ancient Estate of an Italian Duke deceased without Issue , sets his own Nest on fire , and Rome in a Combustion . This year shall a new Sect of Sodomitical Monks arise , which being tollerated by the Pope , sets that Quarrel betwixt him and the Duke of Florence , which shall prove the downfall of both in a few years . This is affirmed likewise by Grebner , Ban. 75. Yet in the interim ( saith Baudensis ) God shall promote the happiness of Ierusalem , Peace shall be within her wals , and plenteousness within her Palaces . And fol. 134. Exerc. 67. he saith , The years 1657 , 1658 , 1661 , 1663 , shall be formidable to Austria , Silesia , Hungary , Holland , France and Portugal , because that every one of those years shall be attended with four Eclipses apiece , portending the Mutations of all those several States , and that the Revolution of time is come , wherein they must give place to the Lion of the North , whose Scepter shall bruise their power to nothing , and his Gauntlet lay their Forces prostrate at his feet . At which time all Europe shall sing this mournfull Ditty ; Heu mala progenies fatis servata nefandis , Gensque nefandarum domitrix altrixque ferarum , Quid fueras , quid ●isque vide : tua prima propago Bella gerit , ●ibolémque petet lues atra secundam . At Leo terribilis Borealibus editus oris Fammiferam ex Orco & pelagi plangentibus undis Educens aciem , pecudes● urbésque virósque Sternet , & antiquis Solem Lunámque movebit Sedibus ; ille etiam pacrio jure infima summa Reddet , & Occasum sub leges mittet inermem . Thus Englished . Alas ill race , to dismall Fates reserv'd , By whom dire Beasts are tamed and preserv'd , See what thou wert and art : Thy first issue Inclines to War , Plague doth the next subdue . But Lion fierce sprung from the Northern shore Shall bring from deepest Hell and waves that rore A blasing Army , he shall men o'rerun , Cities and cattel , yea the Moon and Sun Shall he remove ; and Father-like the least Make highest , and give Laws to the weak West . Yet he that returns back in reviewall of the conjunctions and fiery Triplicities , may see how they have in part prognosticated the present troubles and and distractions of Europe , with the Common-wealths of England and Scotland . Anno 1603 in the first great conjunction of Saturn and Iupiter , in the fiery triplicity , K. Iames came to the Crown of England , and so was fulfilled that Prophecie which an holy Anchoret made 890 years agoe , English men for that they wonneth them to drunkeinesse , to treakson , and rechlesenesse of Got's house , firsten by Dancs , thenth by Nortmans , and the thrid time by Scots , whom they holden lest worthen of all , they shallen be overcompn . Then the world shallen be unstable , and so various and diversable , that the unstablenesse of thoughts shallen b● betookeineid by many manner diversity of cloathing . This could never be fulfilled but by a Scottish King swaying the English-scepter ; and therefore never came to passe till the Union of the two Kingdoms under the said King. As the second Conjunction , Anno 1623. found Germany and most of the West involved in civil Wars , and as the third An. 1643. found the King and Subjects of England in the field one against the other ; so the fourth Conjunction , An. 1663 in Sagitarius shall begin those destructive Combustions in Italy , which shall allure the Protestant Armies to make a third all-conquering Party in the same ; and the fifth An. 1683 in Leo shall bring forth the Conversion of the Jews : but the sixth Conjunction happening in Taurus , An. 1703 , shall behold that which many glorious Saints and children of God have read of , and ●ejoyced and desired to see , and yet could not see them . For now Revel . 22.1 . ●hall the Sea ( that is , the miserable estate of the World by Wars , Desolations and Sicknesses ) be destroyed , and no more extant . Now shall the time of Tribulation , War and desolation , the time of torments , temptation , heresie and persecution be utterly abolished from the memory of men For a new Heaven and a new Earth , a renovated Church , purified Saints shall succeed in the room of those Wolves , who in sheeps-cloathing devoured the Flock of Christ. These are the dayes , for the hope of which the stones of ●ion cry day by day , though little esteeming seven thousand deaths in regard of that precious assurance g●aven in their Brests , that they shall then , and in that day behold the Lord , which hath mercifully gathered them from all Nations , and hath so wonderfully preserved them from the sorcery of Babylon ( which hath destroyed all the Earth ) that leadeth them in and out bef●re Pagans , Hereticks and Idolaters , before the covetous and foolish-wise of this world , so prudently and so invisibly , that they seeing are not seen , and living are not known . But from these low things let us ascend up to Scripture further to prove the certainty thereof . Daniels Image as it gave the first , so it gave the fullest Knowledge of this great Mystery of the Church of God , Dan. 2. per tot . In which Image is described in brief the Estate of the World , from the very day God revealed this to Daniel , and he to Nebuchadnezzar , to the full and final End and Conclusion of time . By the golden Head , silver Arms , brazen Belly , and iron Legs , we must understand the Chaldean , Persian , Macedonian and Roman Monarchies , which successively one after another , tyrannized over mankinde by cruelty , and by cruelty came to as miserable Destructions in the end . The feet part of Iron , and part of Clay , denoted the declining Estate of the Roman Empire ( after that indiscreet Division of it under Charles the Great into the Eastern and Western ) under the present Papacy , and now-vulturizing house of Austria , which hitherto doth and shall continue until An. 1694. Therefore the Stone cut without hands ( in the 34 verse ) ( which smote the Image on his feet , that were part of Iron , part of Clay , and so brake them to pieces , that the Iron , Brasse , Clay , Silver and Gold became as chaff of the Summer-flowers that the winde carried them away , and no more place was found for them ; And the Stone that smote the Image became a great Mountain , and filled the Earth ) must needs be understood of a glorious Monarchy of the Church of God upon Earth , which by the Conversion of the Universal Nation of the Jews shall overcome all her Enemies , and reign triumphantly in all Nations under Heaven , in universality , uniformity , integrity and inn●cency of life and conversation . This blessed and happy estate of Christs Church upon Earth ( after the aforesaid battel of Gog and Magog described Ezech. 38. and 39 Chap. of which enough before ) is graphically deciphered in the nine last Chapters of the same Prophet , beginning at the 40 ; where under a specious and large type of restoring the old Jewish Temple with the Sacrifices ( chap. 40. ) the measuring , ordering and disposing of it in every thing thereto belonging ( chap. 41. ) as the chambers of the Priests in the Temple , the holy Utensils ( chap. 42. ) the glory of God filling the house ( chap. 43. ) his paternall upbraiding the Israelites for their antient Idolatry , and demonstrating his great and affectionate love to them for the present ( chap. 44. ) is contained ( as I said before ) a pithy discourse how powerfull and magnificent these new converted Christians shall be ; how holy , learned and unanimous their Ministers should be , how ardent and studious they shall be in communicating the Gospel of Christ to such as yet sit in darknesse and in the shadow of death ( chap. 45. ) how vigilant their Princes and Magistrates shall be in being keepers of the house of God , that is in incouraging the Ministers , tam praemio quàm paenâ , to instruct the people in the knowledge of the truth , that so both Ministers and people may render due obedience to their common Saviour , in love to God , and charity toward men . And again , the reserved portions of Land for the Temple , City , Priests and Princes all in just measures and dimensions , the waters issuing out of the Temple , ever increasing in Latitude and Profundity , the severall divisions of the particular lots of Priests , Temple , Levites , the City and the Princes secondarily repeated in the 45 , 46 , 47 , and the last Chapters , evidently declare the undoubted certainty and verity of this wonderfull mystery , that the Jews shall repossesse their antient possessions and severall inheritances in the Land of Iudea ; how devout , pious and chearfull they shall be in the worship and service of God , intimated by the frequent performing of spirituall Sacrifices and Oblations : how potent and spatious their Church shall be , how great and infinite the Priviledges , and never decreasing Graces of God shall be to it , signified by the depth and latitude of the spiritual waters of Life . Thirdly , Daniel in the end of his 11 Chap. doth above all other , most plainly and specifiquely picture the two grand preparations to this spirituall Monarchy of Christs Church in the end of the World : viz. 1 the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of the enemies of God , and 2 the Conversion of the Jews . For in the 40 , 41 , 42 , and 43 verses of the said 11 Chapter , declaring first , what Victories , the Saracens should get over the Roman Empire , by saying , that the King of the South should push at him ( viz. the Saracens should invade the Emperour ) and secondly , what lamentable havock the Turk should make of the Roman Monarchy by conquering and subduing from them all the Eastern Empire of Constantinople , in these words , And the King of the North shall come against him like a whirlwinde , with charets and horsemen and many ships , and shall enter into the Countries , and shall overflow and passe thorow ; which was verified in the Turks conque●ing all Greece , Scythia , Moldavia , Servia , Asia , Syria , Mesopotamia and the Isles of the Aegean sea : And he shall enter into the pleasant Land , and many Countries shall be overthrown , but these shall escape out of his hands , Edom and Moab , and the chief of the Children of Ammon , which also came to passe when Selimus I. invaded Egypt , slew Tomumbey the Sultan thereof , eradicated the very name of the Mamalucks , and so got all the wealth and treasures of Memphis and Grand-Cairo , and added also Iudea as a member of Egypt to the Turkish Empire , An. 1517. His son Solymon the Magnificent , awed India and Ethiopia , and his Grandchilde Selimus II. conquered Tunis and Algiers in Afrique , yet neither of them medled with the Arabians , Edomites or Moabites , as thinking them a people not worth conquering . In the 44 verse , Daniel saith , But tydings out of the East and West shall trouble him ; the conversion of the Eastern and Western Iews , shall so inrage the Turke , that he shall levy innumerable Forces , and march forth in great fury to destroy and root them out : And he shall pitch the Tabernacle of his Palace between the seas in the glorious and holy Mountain , shall fight a most terrible and bloudy pitcht Field with them in their own Land of Iury , and yet shall he come to his end , his power , by God's Providence , shall be overthrown , and totally eradicated by them from off the Earth , and none shall help him . Lastly , S. Iohn in Revel . 9.15 . setteth down in plain and evident numbers , the very beginning , increase and downfall of this hellish generation . For in saying the Turkish Armies shall be prepared at an hour , a day , a moneth , and a year , he analogically declareth the very time of their birth , and the year when they shall come to a finall annihilation . Here a Day is to be taken prophetically for a year , a Moneth for 31 daies , which likewise make so many years , and a year for the daies of a bissextile Iulian year ( which are 366 ) making in the same manner as many propheticall years as in the former Epoch's of Daniel and Ezekiel● So the sum's of 366 , 31 and 1 , make a compleat Product of 398 years , which added to An. 1300 ( the year in which the Ottoman Empire first saw light in the world ) plainly demonstrates , that as the Turkish Empire began An. Christi 1300 , so in An. 1698 shall be the fatall end and finall downfall of the same . Thus it is evident , that as the downfall and captivity of the Jewish Nation fell in the building and birth of that City , which was afterward the fourth Monarchy ; so in the buriall and ruine of the same City and Monarchy shall be their conversion to the Gospel of truth , and the institution of the Fifth Monarchy ; in which all power , and earthly magnificence must submit to the Kingdom of the Saints of God , and all Scepters bow to the Authority of the Church of Christ. VIII . Against these former Assertions it is thus objected : That these are but the Dreams of idle-headedmen , considering the sad Method of the World in the continuall increase of sin and wickednesse , and degeneration of all sublunary things daily more and more to worse ; and because our Saviour said , at his second coming he should scarce finde faith upon Earth . But to this I answer ; No time is God's time for the propogation of the Gospel , and enlargement of his Church , but in the Deluge of sin and inundation of impiety : then is his Power most manifest , when man is weakest ; his Decrees most effectible , when we think him the furthest off ; and his Providence nearest execution , then , when the world is most irregular , and incapable of a Reformation . When the Abominations and Paganismes of the old World had destroyed all true worship of God , and an 120 years of repentance did no good , then was God's time to separate the Wheat from the Chaffe , and by saving of Noahs family to preserve a seed for the implantation of a new . So in the n●w World , when Idolatry had overspread all , the Judgement and Mercy of God most appeared in Abrahams Vocation , by selecting his Church from the rest of mankinde , and continuing it above 2000 years in the House of Heber , the true Heir to Grace and Salvation . Thus was it in the destruction of Sodome and Gomorrha , in the Babylonish Captivity , in the Reformation by Luther , when all the world were become Apostates , God's Providence shone out brightest , and was most conspicuous in propagating Religion , maugre all the opposition the devil and the world could invent or de●ise : So shall it be in this prefixed time : though the world must degenerate more and more in civility and humanity ; Christianity be eclipsed in a higher measure , and the true Worshippers of God decrease above what ever yet hath been done : though Protestantisme in many Coasts and Kingdom● shall be totally swallowed up of Popery and Mahumetanisme ; more lamentable Warres and fearfull Massacres rage through England , Germany , France , Spain , Italy , and all European Monarchies , then we have yet beheld ; and though some of these Kingdoms wholly revolt to Popery , others be luke-warm and at a stand , until An. 1686 ; yet all these shall but make way for the finall Eradication of the enemies of the Church , and the glorious and wonderfull Birth , and erection of the FIFTH MONARCHIE UNIVERSALL , which by these pangs and sorrows of Christendome shall be brought forth about the time of the totall conversion of the Jews . For the season is now come , when Judgement must begin ( not at the Temple of Antichrist ) but at the House of God ; and what bloud soever is shed upon the soyl of the Church , shall be no other then fruitfull showers and warm seasons , to make the Field of Christ more pregnant in production of that glorious Harvest of Saints , which shall cover the Earth . For as it shall be in the end of the World , this old , decrepit , and corrupt world must be purged and refined with the fire of the Lord , before there can be placed in stead thereof a new Heaven and a new Earth : So in the finall Conclusion of the troubles of the Church , warres , Apostasies , alterations and changes in Kingdoms and States , the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of Gog and Magog , and all the enemies of Christ , the amputation of unprofitable Trees , and eradication of noxious Weeds out of the Garden of the Church , shall facilitate and prepare the way for the ingresse of the Monarchy of the Gospel into the eyes of the world . Far wide therefore is the Surmise of those Christians , how this doctrine of the universall Regiment of the Church upon earth is a vain-glorious and fantastick dream , considering the hopes of it now are small , and like to be lesser , because charity and devotion daily decreaseth : Nay rather this is the most evident sign that it speedily approacheth , because the malice of the devil with the corruption of mankinde , hourly augmenteth and strives to stifle and prevent it . If God be known to be God by bringing light out of darknesse , and manifesting his power in weaknesse ; then certainly shall these warres and schismes among Christians , the barbarous invasions ●nd conquests of Turks and Tartars , the encreasing Idolatry of the Western and Eastern Indians , be an Axe in the hand of God , to lop off all superfluous branches from his Vine , to make it overspread with nourishing fruit , the Globe of the whole Earth . IX . And that these are no novell Opinions , these following Testimonies may give sufficient evidence , Petrus Damiani flourished Anno 1060. a laborious Divine , an acute Philosopher , and a witty Poet. Gesner and other Bibliothecaries say nothing of him is extant . Yet I have seen in the Library of Trinity-Colledge in Cambridge certain Latine Epigrams of his , Of the conversion of the Jews , Of the destruction of the world by fire in the last day , Of the ruine of Rome , and Of the last Judgement , which Latine Epigrams I finde translated into English Stanza's in an old Manuscript of L. B. intituled The Dove . 1. Of the Burning of the world by fire . Primum foedavit mundum scelcrata libido , Cujus quàm ad coelum flammea massa venit , Diluvium immissum est , immensumque obruit orbem , Vt mala tanta pijs eluerentur aquis : O dira Ebrietas mundi faex prima secundi , Te opposita interiment atque elementa prement . Iustitiam Domini in cunctis sic cernimus actis , Vnda lavat venerem , pocula flamma bibet . Thus Englished . As the first world did first by lust offend , Whose burning rage to such a height did win , That God to quench the same a Floud did send , O Drunkennesse , the second world's first sin ! The course of Vice that Element must end , Which is opposed to that which did begin . In every thing Gods justice we may spie , As Flouds drown Lust , Flames Drunkennesse must dry . 2. Of the ruine of Rome . Effuge , Grex Christi , peccati à Gurgite diro . Cui meretrix odio est , atque corona triplex , Effuge , dum Tempus datur , & fera praelia cessane ; Ne ut tu delitias , sic sua damna feras . Quum jam funestos Agnus superaverit hostes . Pingue gregique epulum militibusque dabit . Se mentem metet haec meretrix , quam sevit , eandem : Iam Sathanae sedes , quae Domina orbis erat . Thus Englished . Fly , Faithfull Christians , from that Sea of sin , Who hate the Whore , and the two-horned Beast ; Fly , fly , in time before their griefs begin , Lest as their pleasures , so their plagues you taste . When once the Lamb the victory doth win , He of fat things will make his Flock a Feast . Who as she sowed , so shall she reap those evils , Once the worlds Mistresse , now a Cage of devils . 3. Of the conversion of the Jews . Postquam Evangelium toto narretur in orbe , Fulget & ignotis nostris genitoribus oris , Quum Gentes Christum agnoscunt generalit●r 〈◊〉 . Qu●s Deus aeter●●im aetherea dignabitur aulā . Tunc amplectetur verum Solynaea propago , Quod priùs invidid tam aversabatur iniquā : Vltima Evangelium , Legem quae prima recepit . Quos d●cuit primos , postremos Christus habebit . Thus Englished . The Gospel once being preacht in every place● To lands of which our Fathers could not tell , And when the Gentiles all are drawn to Grace , Which in the new Jerusalem should dwell . Then shall the stubborn Jews the Truth embrace● From which with such disdain they did rebell : Who first the Law , last shall the Gospel have , Christ whom he first did call , shall last receiv● . 4. Of the last judgement . Indictum Tempus , quod totum territet orbem , Per praedicta homines signa monere solet . Praelia , Evangelium mundo vulgatur , adorant Iudaei Christum , cognita jam meretrix : Zelus hebet , Stellaeque cadunt , fera crimina regnant , Aegra fides languet , Daemonis ira furit : Vltima jam genus omne malorum buccina clangit , Supremamque diem signa tremenda notant . Thus Englished . That threatned time which must the world appall , Is that all may amend by signs foreshown . Wars rumor'd are , the Gospel preach'd o're all , The Jews convert , the Antichrist is known . Devils rage , Vice reigns , Zeal cools , Faith fails , Stars fall , All sorts of plagues hath the last Trumpet blown . And by prodigious signs 't may plain appear , That of the Son of man the time draws near . Thus by this great Divine living in the mistiest times of Popery , it may plain appear , that it was a received opinion that the total destruction of Rome , the conversion of the Jews , and the fifth Monarchy should precede the end of the world . And this is also confirmed by Hieronymus Savanarola ( who died a Martyr at Florence , A. 1498. ) whose Prophesies are extant in the works of Franciscus Mirandula . That in the last times Jews , Turks and Moors should be converted to Christ , a man like Cyrus with a numerous Army of true professors should come over the Alpes and destroy Rome , and ruinate all the Kingdoms and States of Italy . That grievous Wars , Bloud-sheddings and Massacres should arise in the world by a Northern King for a happy Reformation , who should carry the Gospel out of Europe into a vast and unknown world in the end of time . That an Eastern King should blow the Trumpet of God from Tartaria , which should reform all the Islands of the Indian Infidels . He likewise prophesied in particular of Iulio the second , of the troubles of the Duke of Mirandula , Of Luthers Reformation , Of the Persecutions of Merindol , Chabriers , Angrogne , the Valtolin● , and other places of France , all which most evidently came to passe . Thirdly , A Prophecie of the estate and condition of the times unto the end of the world , was found written in Hebrew under the Foundation of the Church of S. Denis in France , A. 1616. by the Sexton of the place , as he digged for the erecting of a Monument for the Lord Teligni . He gave it unto the Popes Nuncio ( who rewarded him with 200 dollars for his pains ) from him it was sent to the Cardinall of Bruges , who presented it unto the young K. Lewis XIII . It was written in parchment , and wrapped in lead in the form of an Heart : Hebrew numericall letters were set at the side of every Line , signifying in what Year of our Lord every accident should come to passe , and be manifested to the world . Out of Hebrew it was translated into Latine by Iohannes Parmarino Secretary to the said Cardinall . The Prophesie runs thus . Anno Christi . 1661 Obruit Italiam saevo Mars impius aestu . Anno Christi . 1665 Vnica sint Christo pascua , campus , oves . Anno Christi . 1666 Totum operit mundum terror & ira Dei. Anno Christi . 1667 Pauci Iehovam venerantur . Anno Christi . 1678 Inclytus exurgit factis Heros . Anno Christi . 1686 Europa tremit : Asā urget metus . Anno Christi . 1693 Generalis Terrae motus ruit . Anno Christi . 1699 Agnoscunt omnes Gentes Deum . Anno Christi . 1700 Flumina siccentur ubique . Anno Christi . 1710 Pastor & Ecclesia unica . 3 Alephs . The heat of war doth Italy surround , Let Christ's pasture be one , his sheep and ground . Gods wrath and terrour doth the world confound . But few that God do reverence . A Prince shall rise of eminence . Asia doth tremble , Europe shake . Now is a generall Earthquake . All Nations Gods knowledge partake . Rivers are dried every where . Pastor and Church only one are . By this Prophecy great troubles must arise in Italy within this small time , cruell wars afflicting every State thereof , which must be preparations to the eternall destruction and ruine of Rome the head City thereof : Rome can never be destroyed except Protestants lay aside their unnecessary civill contentions , which may ( God so disposing ) come to them about Anno 1665. After which great commotions are like to aris● in Europe , till a noble Hero arise , which shall quench those evils by imploying Christians in mutuall Leagues against the Turk . Suddenly after which comes troublesome daies in Asia and Africk . Then follows universall peace and quietnesse of Nations , prophesied of by Ezechiel and S. Iohn in the Revelations , which must bring forth the purity and perfection of the Gospel over the whole Earth . X. Of how large an extent the Turki●h Empire should be , how far it should prevail against Christendome , when it should be at the height , and whe● Christians should begin to cry quits with them by victories and conquests , is long since ex●ant in ancient Prophesies . One whereof M. Fox in his first Volume of Acts and Monuments , pag. 746. antiq . edit . relates he found in the Persian language in a Manuscript of Bartholomary Georgienitz : the substance whereof in Latine is this . Imperator noster veniet , Ethnici Principes Regnum capiet , rubrum quoque pomum capiet , inque suam potestatem rediget . Quod si in septimum usque annum Christianorum gladius no● insurrexerit , u●que ad duodecimum annum eis dominabitur . Domos aedificabit , vineas plantabit , hortos sepibus muniet , liberos procreabit , & post duodecimum a●num Christianorum gladiu● apparebit , & Turcam quaque versum in fugam aget . Our Emperour shall come , he shall take the Kingdom of a heathen Prince , he shall also take the red apple , and subdue it to himself . But if the Christians sword shall not arise by the seventh year , he shall reign over them to the twelfth year , he shall build houses , plant vineyards , hedg● in Orchards , and beget children , and after the twelfth year shall the Christians sword appear , and put the Turk to flight on every side . M. Fox expounds these 12 years to be 12 Turkish Emperours prevailing against Christians , beginning at the first Emperour Ottoman An. 1300. and so Solyman the magnificent to be the twelfth Emperour , and the last that should prevail against Christians ; who began his reign An. 1519. and died An. 1567. But I think rather it must begin at Mahomet the II. winning of Constantinople ( called here rubrum pomum ) An. 1452. and must end at the late Emperour Mahomet the IV. his death the last August , 1649. My reason is this : Other Emperours have prevailed against Christians , since Solyman the magnificent . For Selimus the II. his son wan Cyprus from the Venetians . Armurath III. took the Fort Guiermo from the Hungarians , and his son Mahomet III. took Agria in Hungary , and had he pursued his victory , had won that whole Kingdom in lesse then a year : So the late Mahomet is the 12 Emperour from Mahomet the II. and now ●fter his death shall the Turks prevail no more against Christians . For fourty years agoe that Kingdom was at a stand , and is declining to an eternall destruction . The sword of the Christians shall now arise and prevail again●t the Turks ●ill An. 1696. when the converted Jews shall gather head to overcome them in a bloudy pitcht field , and root out their name from off the Earth . By this young Emperours decease without issue , the Ottoman Line is extinct , and none left . One Sultan Hali ( a Persian by birth ) is now Steward of the Ottoman house , and the Crim-Tartar by old composition and agreement layeth claim to the Turkish Empire , which at present is in combustion because of this . And though above 200000 Turks are in the Field , with an intent ( as is thought ) to invade Germany , yet if Christians could but leave o●● their unnecessary divisions , they might soon ruinate the Turkish Empire . For since Armurath IV. his death , An. 1642. ( who began to reign , An. 1623. ) all the time of this late Mahomet's reign , since there hath been continuall contentions and massacres amongst the Turks , the Jannizaries eluding and despising the young and weak Emperour , which terrified the Mufti and the Bassa's sore , because they had a prophecy , that as a Mahomet wan Constantinople , so a Mahomet should lose it again to the Christians . However the matter goes for the present , the year 1698 shall be fatall both to them and to the Pope in both their ruines , and the beginning of the comparative felicity of the Church of God , as may be further manifested by an excellent Prophecy , which the learned Erasmus received from Reuchliuus , and was found in the study of Iustus Lypsius by Ianus Douza the younger , running thus . Post mille expl●tos à partu Virginis annos , Et post sexcentos rursus ab orbe datos , Nonagefimus octavus mirabilis annus Ingruet , is secum gaudia laeta faeret . Corruet hoc anno Turcarum i●visa propago ; Roma , tuum in libris fabula nomen ●rit . Omnia tunc mundi sursum ibunt atque retrorsum Imperiae , ut populus sceptra novella premant : Vtque suum cunct as Verbum diffundat in oras . Christus , & imperitet nomine ubique suo . Thus Englished . Six thousand years from Virgins birth expir'd , Six hundred after that acquir'd , The famous ninety eighth year shall come on , Full of great Contentation . This year the Turkish hatefull race shall rue , Rome shall a fable be , not true . Then shall be tost all Kingdoms of the World , And into a new Kingdom hurl'd : That into all coasts Christ his Word may spred , And be alone the Peoples Head. XI . The two Books of Esdras are thought ( and that by none of the least learned , as Augustine , Hierome , Ambrose , Tostatus , Scaliger the elder , Melan●thon , Arrias Montanus , Bucer , and Bibliander ) to be Canonicall , because of the most evident fulfilling of many predictions in them contained . In the 11 chap. of the second of those Books , there is under the type of an Eagle , a manifest prophecie both of the Roman Heathenish Empire , as likewise of the Papacy with her chief Leagurers to this present time throughout the whole Chapter . This Eagle is that Roman Heathenish Empire ; her twelve feathered wings are the twelve first Emperours from Iulius Cesar to Nerva Cocceius . The three Heads are the three Kingdoms of France , Spain and Germany , preordained of God to uphold and maintain the power of her pride , when all her wings ( her heathenish and tyrannicall Cesars ) should fail her . Neverthelesse , under her 12 first Cesars are comprehended in generall all the Emperours which reigned in her from Iulius Cesar ( who first crackt the strings of her liberty ) to Augustulus Momyllus ( her last Roman Cesar ) for the space of 474 years . Her 8 contrary feathers are the 8 terrible Inundations of severall Nations from the North ( God's scourges ) which overwhelmed her fairest Provinces , sunk her State in bloud , and by fire and sword humbled her as low as the dust she trod on ; viz. 1 Alaricus and his West-Gothes , 2 Attilas and his Hunnes , 3 Gensericus and his Vandals , 4 Odoacer , 5 Theodoricus and his East-Goths , 6 Totilas and his Spaniards , 7 Alboinus and his Longobards ( who deposed her diminitive Cesar Augustulus Momyllus ) 8 and lastly , the intestine homebred Faction and Conspiracy , which proved more pernitious then the rest ( as all included diseases are the worst ) which in the reigns of Otho the Great , Otho III , and Frederique II , so often strove to eradicate the Papall Superiority , and reedifie her S.P.Q.R. buried so many ages ago out of the ruines of the City . The Head in the midst is the Germane Empire , begun An. 801 on Christmas day , by Charles the Great , which though vers . 32. it long did and yet doth put the Earth in great fear , yet vers . 33. must vanish in an instant , as did the Wings , and come to nought . The Germane Empire thus destroied , vers . 35. The Head on the right side ( the Kingdom of Spain ) must devour the Head on the left side , which is the Kingdom of France . Therefore it is manifest , That the Kingdom of France , though now it flourisheth in what Glory and Magnificence Earth can afford , must ere long be humbled by the power of Spain , with many Discomfitures , and brought to dolefull streights and great perplexities . I my self have observed one remarkable Adjunct of that Kingdome in particular , how that year ( in which the Figures of the Golden Number were equall to the Figures of the year of Christ ) hath ever proved fatall to that Monarchy for Warre , Bloudshed , Pestilence and Famine . It was so with them from An. 1570 to An. 1576. in all which seven years , the Guisian faction made lamentable havock of the Church of God and the Kingdom ; so shall it be in that year in which the finall Tragedy of that Kingdom shall be acted , six years after which France shall be no more . But when that shall be , no sign of Europe shall remain , nor remembrance where the wals of Rome stood . The LION ( which vers . 37. and chap. 12. v. 31. came roaring out of the Wood speaking to the Eagle , and rebuking her for her wickednesse ) is the WIND which the most high God hath kept for Rome and her wickednesse till the end , even the LION OF THE NORTH ( of which you shall hear anon a Prophesie of the true Merlin ) which shall reprove the Roman Empire , and cast before her her spoils ; he shall set her alive in Judgement , rebuke and correct her , and deliver the residue of Gods people by Afflicton which are preserved upon his borders and make them joyfull untill the day of Judgement . In the 13 Chapter , Esdras beholds a vision of a man rising out of the Sea , and devouring the multitudes of fighters that came against him , neither with sword , spear nor any instrument of Warre , but only with the fire and storm that came out of his mouth ; which is Christ the son of man , who through a sea of bloudy persecutions and tribulations propagated his Gospel over the Earth , confounding and devouring the multitudinous Pagans and Idolaters fighting against Christians , by the invincible force of the Gospel . After a long time of the obstinate wilfulnesse and fulnesse of the Gentiles , he shall call to himself another peaceable multitude , vers . 12 , 40. even the whole Nation of the Jews , out of Armenia , Tartaria , and the Eastern India , whom God shall defend and convert to the Gospel , when he shall destroy all other Nations upon Earth . These are called the peaceable People , because after the conversion of the Jews , shall come that Ministeriall Monarchy of the Church over the whole World ; that peaceable and still Time , when all Kingdoms under heaven shall forget fighting one against another , Warres shall cease in all the World , and swords and spears shall be beaten into Plowshares and pruning hooks . When the seventh Angel blew the Trumpet , Luther began his Reformation , then it is , when the Multitude stood before the Lamb , and sung the new song of Moses ; and then neverthelesse is but the vail only of the Tabernacle opened in heaven , and a great cloud and smoak covered that Glory . But it must be 180 years after , when the Kingdomes of this World become the Kingdoms of our Lord and of his Christ , and those be destroyed that destroyed the Earth . For then and not till then shall the Temple of God be fully opened in Heaven , and the Ark of his Testament ( the very same modell , which God shewed to Moses in the Mount ) shall be seen in Ierusalem , not in a Tabernacle , but in that Temple , which the power of God shall make . Then shall lastly , the four Beasts , the Elders , with all the Angels of Heaven , and all the creatures of Heaven and Earth , and of the Sea and under the Earth fall down before the Throne , and give glory , honour , blessing and praise unto him that sitteth on the Throne , and to the Lamb for ever , and the four Beasts shall say , Amen . XII . I have heard many Jews discoursing of this their glorious Restauration and Religion to come . They say , they never possessed ( no not in the time of David and Solomon , when their Kingdom was largest ) an half of that which God promised in Deuteronomy and Ioshua . Indeed it is said in Ioshua , No good thing failed of what God promised , but this is to be understood of their peaceable settlement in what Ioshua then conquer'd , not of the utmost boundders of what they were to possesse towards the end of Time. From Euphrates to the red Sea , all the Coasts on the West to the great Mediterranean Sea , with Tyrus and Sydon , on the North Hemath and Cel●syria , even in length from L●banon to Egypt , was to be the confines of this sacred Commonwealth . Now if we consider , what a Moity of this was possessed by Lot , Ammon , Esau , the Kings of Tyrus and Sidon , the Philistines with Syria , we may plainly see , that more then an half was never their own , of what God promised . In confidence of possessing which , and all the world beside in time to come , in their great Hosanna they shake Palmes in their hands , in triumph towards the four coasts of heaven , to intimate that in their universall Empire every tree of the wood shall clap hands , and sing for joy . It is strange , and makes me give more credit to Esdras then otherwise I would , to see how pat he goes with our Saviour Christ , in affirming the second Captivity of the Jews to be long , and that their return should be about the ruine of the Roman Empire . He relates how the ten Tribes ( soon after their Captivity by Salmanasser ) travelled through a great River or strait ( perhaps the Streits of Anian ) in a long journey of many moneths or years to a Country not inhabited . Yea many good Authors , who write of the Histories of America , relate how the Maxicans have a Tradition ( delivered from father to son , time out of minde ) of a great multitude coming a great journey into those parts with an Ark carried before them on mens shoulders , with their God inclosed therein . These people certainly were Jews , from whom they learned Circumcision ( which our travellers finde in most of their Coasts ) with other Rites of Tribes , Heads of Tribes and Families , with some handsome Ceremonies of Marriages , Funerals and Washings , directly the same with the Jews or Israelites . But to prove , that the Israelites were first placed in Media and Carmania , and from thence removed into India , let us return a little back , and survey Scriptures and some approved Authors . When Salmanasser King of Assyria carried the ten Tribes into Captivity ( in the fifth year of the reign of Hezekiah King of Iudah ) he was a Prince of spacious Dominions and invincible forces , as comprizing within his Empire all Media and Persia , Mesepotamia , Assyria , all Arabia and Ethiopia inferiour to the confines of Egypt , all Syria and Palestine ( save only the poor exhausted Kingdom of Iudah ) and lastly Armenia with all the Coasts bordering upon the Caspian and Euxine sea , as farre as Tartaria . By this it will be hard to define in which Province of his Empire he placed them , out of his Dominions we may well think he would not abandon them . In the 2 King. 17.6 . it is said that he placed them in Hala and Habor by the River of Gozan , and in the Cities of the Medes . Which Hala ( or rather Chala ) and Habor by affinity of pronuntiation , can be no other then Col●hies and Iberia , two Provinces of Armenia , the first bordering upon the Euxine , the latter upon the Caspian sea and the confines of the Tartars . East of Armenia lies Media , in the Cities of which , a great part of the Israelites were likewise placed to inhabit . North of Armenia is the entrance into those immense and indiscoverable Nations of Muscovites and Tartars , the utmost limits of whose Kingdoms were never yet fully known . The chief River of which Countries arising farre beyond the Hyperborian Territories , after a wearisome travel through many Nations and Provinces , disburthens it self at last into the Caspian sea , at the very entrance into Armenia , where it is called Zolga ( though our Mariners call it Wolga ) which is nothing else but a Metathesis or a bad pronunciation of the word Gozan . So that that saying of Ben-Gorion is true ( if that Manuscript be his which Gallo-Belgicus fathers upon him , yet visible in Bibliothecâ Florentinâ ) Salbumadzar ( saith he ) rex Assyrius , exciso Samariae regno , decem illas Tribus , quae à divino cultu tandiu ante desciverant ad Idololatriam , abductas in Captivitatem conlocavit in Fasso , Alvati , Loride , & Bascapante civitatibus Colchidos & Iberiae Arm●nicarum provinciarum , & in Ecbatan● & Bocchu urbibus Mediae juxta Pontum Euxinum , & mare Caspium . Thus by the testimony of this great Rabbi it is manifest that the Opinion of those men is fond who think the ten Tribes to be utterly lost ; thus likewise is it plain that the Jews Conversion must first a●ise out of the East , and that Fassum , Alvatis , Loris , and Bascapan Cities of Colchis and Iberia , and Ecbatana and Bocchu Cities of Media were the places , where Salmanasser ( called here Salbumadzar ) placed these Israelites in name , but Pagans in nature . And Iohn Lunclay in his Pandects of the Turkish History , fol. 769. writes , how there are certain Hoords ( Troops or Families ) of people near the more Northern parts of Tartaria , which retain the names of Dan , Z●bulun and Nepthali , and in the vicinity of Rega there is a certain barbarous Nation of Letti , which for three moneths in the year perpetually wander up and down the fields , having these words Iure-shel●-mashalom continually in their mouth , as a kinde of lamentable tune or mournfull Ditty : by which words Authours credibly suppose are meant Jerusalem and Damascus the two head cities of Judah and Israel . He that diligen●ly reades the history of these X. Tribes in Scripture , after their revolt from the house of David , and combination with I●roboam in erecting Idolatry , may see that they were a Nation quickly overgrown with Heathenism , cruelty , and barbarousnesse , wholly become abominable Pagans in nature , manners , life , condition and conversations ; as if they had had Numa Pomphilius to their Father , and not Abraham the faithfull : they only kept Circumcision and the names of their Progenitors in remembrance , but had quite forgotten the Stories of their religion and piety , thence it came to passe that in this their Captivity , being transported and implanted among those Nations , they quickly conjoyned and counited with them in marriage and affinity ( being already long before coupled with them in Idolatry ) and so ceased to be called Israelites , but being now all one people , were called by the names of Armenians and Medes . That these Israeltes likewise inhabited part of Tartaria , and from thence spread into India and the East , and that they likewise possessed a part of the Caucasian Mountains mingled with a people , which Herodotus calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( a word not unakin to Turks ) is manifest by these undeniable Reasons . 1. Because the Colchians , Iberians , and a great part of Tartaria used Circumcision in most ancient times , long before the building of Rome , which they could not have received from any people else but from these Israelites , who 30. years before the foundation of Rome were sent to inhabit among them . 2. The Crim-Tartars derive their Progeny from Sampson ( hence so many of them have been called Camson , an obscure Notion of Sampson ) and in imitation of him wear long hair ; which could not have been , except they had had their Originall from those people from whom they had the memory of Sampson . 3. The names likewise of Moses , Aharon , Cham , Selim , or Solyman ( a vitious Pronunciation of Shlemo or Solomon ) were proper names of men amongst the Turks long before ever they broke into Asia . Now what times the Turks first broke into Asia , Chronologers agree not among themselves : Some say they broke through the Caspian Streits into Armenia major ( now Turcomannia ) An. 844. But I rather suppose their first Irr●ption into Asia was 20. years after the death of Alexander the great , about An. M. 3718. when the Parthians shook off the Macedonian yoke , and began their Empire : for in those times we reade in Mela , Pliny and Herodotus , that a ba●barous and savage people from the North had invaded and possessed Carmania , which could be no other then this Nation of the Turks . Thus it is plainly manifest , that when these Israelites passed into America , they left a great part of their Brethren behinde them in Asia , Tartaria , and India . Millions of them are in Persia , and their domineering at this present day in Carmania , is rightly observed by Benjamin the Jew in Eyre , by M●rcator , Ortelius , and other Geographers . XIII . Abraham was told in Genesis , His seed must thrice be like Dust , and then afterward like Stars ( Stars not for multitude , but for Piety and Glory ) onc● in Aegypt ; secondly in Babel ; thirdly throughout the world in the Roman Empire , and afterward in the beginning of the FIFTH MONARCHY must enlighten the whole world with the Glory of God. And the Jews themselves have an ancient tradition , That they must have two Messiahs ; 1 The first should come about what time the Government was taken from Iudah ; he should lay the Foundation of their Redemption , afterwards be betrayed , crucified , and die by their own hands , and leave them in a dolefull plight in the jaws of destruction by the Gentiles : him they called Ben-Ioseph or Ben-Ephraim , alluding to sorrowful Ioseph , who endured so much hardship , being sold by his brethren into Aegypt , and estranged from his fathers house ; and to the unfortunate Attempt of the Tribe of Ephraim ( soon after that barbarous Edict of murthering male Infants came forth ) to deliver themselves and the Israelites by force of Arms from Pharaoh some 12 years before the Birth of Moses ; when Pharaoh levying an huge Army , made fearful slaughters of them , forcing them to return to their old obedience , of which you may reade in Psal. 78.9 . In this doleful misery they should remain so long till their second Messiah came and delivered them from the hands of all their enemies , restored them to their native Land of Iudea , and reigned over th●m in equal fame and prosperity with David their father . Him therefore they call Ben-David . 2 Secondly , Isaac was mo● wayes then in his Immolation a figure of Christ. He had two sons Esa● and Iacob , of whom it is said , The Elder shall serve the younger● Edom ( which Jews interpret to be the Roman Christian Church , the First-born to Christ from Isaac ) must come to serve the younger , The Iewish converted Church in the end of time , when it is once come up . Thirdly , 3 Iacob a Type of Christ in his Descent to Aegypt had two wives , Leah a Type of the visible Church of carnal Jews using and leaning upon ceremonious shadows in stead of the true sacrifice from Moses to the end of the second Temple : as likewise of the Church of the Gentiles , which from the Ascension of Christ was to continue in vicissitudinary fortune to it's end , full 1668 years . Thus Leah was blear-ey'd , but fruitfull in her posterity , yet not so acceptable and lovely in the eyes of her husband as Rachel ( a Type of the glorious Jewish Church in the end of Monarchies ) who was to be many dayes barren , even from the end of the second Temple , till Anno 1683 , then brings forth Ioseph , leaves her fathers idolatrous house , within a few years after travels again , and brings forth the staff of Iacobs old age with the losse of her own life . Fourthly , 4 That the Jews were to have a temporal Monarchy in the end of the Roman Empire , is evident likewise out of the New Testament . In the first of Acts our Saviour Christs Disciples shewed how greatly the Jews expected for this time , when their Messiah should deliver them from the yoke of the Romans , and restore them to their temporal Kingdom in Iudea ; as likewise how near they thought the season and period to be in our Saviours time , when they came to him , saying , Lord , wilt thou at this time restore the Kingdom to Israel ? Our Saviour in his Answer doth not deny but that such a time was to be , when the Jews should be restored to their temporal Kingdom in their own Land ( which should exceed Davids and Solomons in magnificence , and should extend over the whole world ) but only blames and checks his Apostles for enquiring of that which neither was needful for them to know , neither should be in their dayes ; as likewise for being too inquisitive in the times and seasons when it should be , and was to begin , Which ( said he ) the Father hath put in his own power . And whoso reads Hos. 3.4 , 5. the four last Chapters of Zechary , Mich. 7.15 , 16 , 17. Esa. 2.2 , 3 , 4. and Chapter 27. 12 , 13. with Ier. 24.6 , 7. with divers other passages in Scripture , may plainly see that neither Solomons house nor the Maccabees ever obtained their full propriety , nor were those Prophecies of their universall Soveraignty ever fulfilled in the Old Testament . Fifthly , 5 The Song of Moses in the 32. of Deuteronomy , is clear , that many and great afflictions shall befall them in the latter daies , even all the time of their first Messiah , and the Roman Empire . No Jew in the world ever expounded otherwise from the 36. verse to the 43. of that Song . And to this place they referre their afflictions which they have , and shall suffer all the time of the Roman Empire till their Restauration . There is but few of them now , but will confesse that their Messiah Ben-Ioseph , is come already , but their Ben-David is yet hid in the depth of the Sea , and will arise from thence about the finall end of the destruction of the Gentiles . Sixthly , 6 The life of Ioseph in Genesis hath in it more then History . At 17. years of age he was sold by his Brethren , and stood before Pharaoh to expound him his Dreams at thirty . So he lived above 12. years in misery and irons . And for those 12. years God rewarded him with 80. years of government in and over all the land of Aegypt . His brethren came and bowed to him according to his Dream of the sheaves ; his father also was inferiour and subjected to him as he was Viceroy in the government of Aegypt : and was nourished and maintained by him according to his second D●eam of the Sun , Moon , and the eleven Stars crouching and making obeisance . Though his Brethren pitied him not in the anguish of his soul , yet he forgiveth and preserveth them in Aegypt , and at their deliverance thence marcheth triumphantly before them to Canaan in his Coffin . But yet neverthelesse Iacob was to stay in Canaan , and Ioseph was to be unknown to his Brethren till Aegypt be destroied by Famine , and yeeld if self to Ioseph . And the bon●s of Ioseph too must stay in Aegypt till 600000 men besides women and children be delivered them by the hands of Moses and Aaron . No departure from Aegypt , no passage through the Red-Sea without the bones of Ioseph . Edom in the dayes of Moses , and Babylon in Daniels time suffered the severest punishments God could inflict upon a people , and all for afflicting Eber. And here is a mystery not so observed as observable in Scripture . As Aegypt was broken before the first Tabernacle was set up by Moses : as Edom was harrowed by David before the first Temple was erected by Solomon : and thirdly , as Babel was Brought to nothing by Cyrus before the second Temple was built by Zorubbabel and I●hoshuah : so shall both Edom and Babel , Turk , Pope , and all Monarchies in the Earth be brought to dust , before the third Temple be built by the converted Jews in their native Land of Iudea and Ierusalem . Ierusalem now inhabited by Turks and hereticall Christians shall at that time be purged from filth , and be the only Receptacle of the children of God. But when that time shall be , I have abundantly shewn in the Sections before . And in that season shall Benjamin be sent down from his good father in the power of his right arm , and Ioseph ( even Ben-Ioseph ) shall make himself known to his Brethren , who did hate him , shoot at him , cast him into the pir , and delivered him to the Gentiles . Which excellent Parallels of Ioseph and Christ are fully explained in the Massorch , Zoar , and in Rabbi-Asse , besides Ezechiel and S. Iohn in the Revelations . Notwithstanding in citing these Jewish Traditions , I would not be mistaken , as if I maintained a second descention of our Saviour Christ from Heaven , as the Millenaries do ; or that the Jews must have him come personally dowm from heaven to destroy the whole world , and restore them to their Land of Iudea , I mean no such thing . God hath other means to bring his purposes to passe then , by sending his Sonne Christ to sojourn the second time upon earth . A second Moses , yet a King , must work all this for them : yet not a Moses of their own bloud , but a Captain from the North ; who shall work the works of God in righteousnesse , and make peace like a mighty stream overflow the whole earth . XIV . The consideration of these future great blessings of God towards this Nation of the Jews , and in them to all the world in the advancement of the Gospel ; as likewise the laying to heart the grievous calamities which have so long tossed the Kingdomes and Free-states of Europe , should move all men with repentance to prepare themselves to meet those great and fearfull mutations which God is bringing upon all the European Coasts of the world . Historians have made their four Monarchies according to the rise or fall of severall particular Nations . 1. Assyrians . 2. Persians . 3. Grecians . and 4. Romans : but this is a lame Division , and comes far short of that transcendent Metamorphosis of humane affairs , which ( by comparing of Histories , observation of new Starres and Comets of late , with the consideration of the manners and conditions of the sonnes of men ) we may easily perceive must within these few years be brought upon the world . The learned Mathematicians and Philosophers ( who have more throughly searched into the secrets of Astrology ) rightlier place their four Monarchies according to the four coasts of Heaven . 1. The Eastern Monarchy of the Assyrians . 2. The two Southern Monarchies of the Persians and Grecians , bounded within the circumference of 3600 miles , or 11 degrees of latitude . 3. The Western Monarchy of the Romans . 4. and lastly , the Northern Monarchy ( but in right accompt the fifth ) must be of the Northern LION , which to the amazement of Christendome , shall arise from the Northern Sea , and pitch his Tents in the ashes of the Eastern and Western Monarchies . But now having made mention so oft of this V. Monarchy in this Pamphlet , I think it meet to produce two or three Reasons of the truth and certainty of it , deduced out of the holy Scriptures and humane Authority . First , The Jews have a Tenet among them , That their Messias must not come in the Flesh till the destruction of the fourth Monarchy in Daniel , which is the Roman : and so will not beleeve Christians professing him to be come already : but say , this coming is deferred till the Roman Empire be totally abolished ; which because it is not nor must be yet , they will not beleeve he hath appeared . But the Jews are deceived in this , for Dan. 2.44 . and 7.9 , 22. the Incarnation of our Saviour Christ was promised to be in the very nick of the constitution and establishment of the Roman Empire , and not after the ruine of it ( which was performed accordingly ) else should there have been six Monarchies before the end of the world . For the dispersion and rejection of the Jews , the revelation of Antichrist with the Fulnesse of the Gentiles , was prophesied to be accomplished in the fourth Monarchy , all which we see are punctually fulfilled . None of which should yet have come to passe , if our Saviour Christ was not to be incarnate before the end of the Roman Empire . Therefore as the rejection of the Jews with these other signs and things was to be in the fourth Monarchy ; so their conversion and remission into the Church , and the glorious estate of the Gospel upon earth must be in another fifth Monarchy , which is yet to come . Secondly , So many Empires as are comprized in Nebuchadnezzars Image ( Dan. 2. ) must come to passe before the end of the World : But five Monarchies are comprehended in that Image , Erg● . The major is manifest , The minor is thus proved : Nebuchadnezzar himself was the Golden Head of this Image , as he was in another respect the Feet of the old decrepit Assyrian Monarchy , which by his Chaldean Empire and the ruine thereof ( which was approaching ) should totally be annihilated . The Armes and Brests of Silver are the Empire of the Medes and Persians . The Belly of brasse is the Empire of the Grecians by Alexander the Great . Lastly , the Iron Leggs and the Clay Toes depictured the Roman Empire , with the present declining House of Austria , and the breathlesse Papacy . Therefore the Stone cut without Hands which brake this Image in pieces , and became a Mountain and filled the Earth , must be understood ( as I touched before ) of a Fifth Monarchy yet to come , in which , by the Conversion of the Jews and fulnesse of the Gentiles the Gospel shall shine in majesty over all Kingdoms upon Earth . Thirdly , If the rejection and dispersion of the Jews were to be in the fourth Monarchy , as is apparent by Gen. 49.10 . and Numb . 24.24 . then was their conversion not to be till the beginning of the fifth , and towards the end of the World , as is manifest by the Apostle , Rom. 11.25 . But the first is true and therefore the latter also . Fourthly , the conversion and restauration of the Jews to their antient Inheritances in the holy Land ( which Ezekiel hath so largely described in his twelve last Chapters ) and the glorious felicity of the Gospel of Christ proceeding from their conversion , must either be in the fourth Monarchy , or not untill the fifth . But in the fourth Monarchy it cannot be , for among the Turks the Jews are kept in extream slavery , Idolatry and ignorance : and under the Papacy they are not permitted to use the new Testament ( by which only they must be saved ) and besides they are so inraged against Christianity , by the Papists Image-worship , that there is a flat impossibility ( much lesse any hopes ) of their conversion , so long as either the Turkish Empire or the Papacy stands in force . Ergò their conversion and restauration cannot be , till both Turk and Pope eternally be destroyed , and so the fourth Monarchy finally ended . Thus having delivered the reasons of a fifth Monarchy , I come to describe the LION of the North , as I finde it in an antient Prophecie of the true Merlin , and by Grebner . 1 First of Merlin . Many Scholars have often disputed what Merlin should be , who he was , what time he lived in , whether those Prophecies be true , and his , which go under his name , or not : how he came by them , and lastly , what reckoning is to be made of them . Of every of which somewhat . It hath fared with Merlin , as with Tostatus in Spain , and many Learned in our times ; who for the eminency of their Learning , and approbation of their writings , became so famous , that Pedlar Authors father'd bastar'd ware upon them in every corner for easier vent . Merlins there were severall of old ; one a Welsh-man in the daies of Edgar the Monarch , of an austere living and Monkish conversation . He lived for the most part in the Isle of Anglesey , where he had familiarity and acquaintance with the Bards and Druides then not wholly extinct , who had incomparable skill in Divination by Birds , and other kinde of Magique . He was an excellent Astrologer and a great Chymist : so that many think those Prophecies , that are like his , to be deducted from no more then naturall reason . All those Prophecies which I have seen of his ( some of which I have ) I cannot see how they smell any whit of a prophetique spirit ; they speak him a great Scholar in Astrology , but no Prophet . But there was living in K. Lucius daies another Merlin ( called the first ) a Scottish man , and he is the true Merlin , and if any Prophecies could be found of his , great credit was to be given to them . He was a great friend of K. Lucius himself , and his daily companion . Of his there is but one Prophecie extant , which I found in that antient Chronicle of Nennius of Bangor of the Saxons ( who yet lives in Manuscript ) K. Lucius being as yet unconverted from Paganisme to Christianity , would needs joyn in confederacy with Santoline a King of the Scutti ( now Scots ) to raise warre against the Roman Emperour ; to which purpose he asked councel of Merlin what he should do in this matter ; who earnestly dehorted him from his purpose ; and in the end prevailed . Merlin prophesied to him , That within lesse then a sesquidecumane period of time , the Eagles head should be cloven in two ; one part whereof Agar should burn with fire , and Iaphet the other after the grand revolution of daies . Mark ( O King ) saith he , and consider , Samothea shall be quickly overflown with a vagabond Army of an unknown Originall , spued out of a land toward the East , which a floud from the North shall quickly possesse . I know thy thoughts and the intents of thy heart ; thou seekest Friendship from a people , whose weaknesse shall be thy glory , and their greatnesse thy ruine . A squadron of Fishers are risen up from the East , which shall ascend unarmed upon the world without spear and shield , to whom all Nations shall in time obey . They shall destroy the Temples of thy Gods ( O Lucius ) and convert them to the service of their eternall King , who only can rescue from the grave , and deliver from the snares of death . Behold I see a great Sun arise i●sensibly upon us Brittanes ! But ( woe is me ! ) what black seas of darknesse , and rivers of bloud pursu● after it ? Hast thou not heard of the valiant Angles , of barbarous Neustria , of yonder terrible Picts thy perfidious enemies ? These shall overflow thy Land , and possess the Cities thereof , till the old age of Empires , and Government shall flow upon the world . Illis autem temporibus revolutis , Cauda Virginis Leonem intrabit , & Sagittarii dorsum Scorpius ascendet . Borcalia Regna à Messoribus obterentur , Australes Principatus in statum pulvereum d●●ine●t , & insulanarum Monarchiarum potestates sine fraeno aut milite ephippiabuntur ; bella atrocia ventis dissipabúntur , & pessum ibunt judiciali grandine , quae per baculum ortum habuerunt , per spuri●s juventutem . Sol ipse tympanizabit miniato clamyde indutus , & Luna cineritiis cothur●is ad nundinas tolutabit . Rides , O Rex ? At quibus haec supervenient , luctu & maerore contabescent . Haec omnia vix plenè peragentur , qu●m Princeps regali origine coronatus ex Borealibus plagis proveniet , suis inexpectatus , alienigenis desideratus ; qui ●ò quòd L●one feroci●nte in●ignietur , Leo nuncupabitur , Non conquiescet , donec Synodo per eum convocat● minisque dissolutâ , victricia arma in hostes transferat , & lamentabili successu vicinorum Principum ditiones pessundet . Alexandrum Magnum virtute , Cyrum felicitate superabit : freta transnavigabit ; à multis regibus Imperator sal●tabitur ; & Urbem quandam vetustam solo aequabit . Intereà ex Oriente Princeps bellipotens illum praelio lacesse● , contrà quem Leo cum omnibus copiis procedet , & ●is Euphratem positis castris illum expectabit . Si Princeps flumen transibit , Leo superabitur ; at ipse exercitu fluvium transducto hostem cruento conflictu superabit , & universum Orientem in potestatem rediget . Dum haec agentur , complures Reguli ex India in Suriam cum ingentibus irrumpent excercitibus , & circà vallem Iehosaphat praeliabundi Leonem opperibunt , ubi ab ipso ad internecionem omnes delebuntur . Nec multò post , Leo ipse fatis concedet , postquàm regnum Transfugarum mirand● pietate in perpetuum fundavit . Those times being past , the tail of the Virgin shall enter the Lion , and Scorpio shall ascend the back of Sagittary : The Northern Kingdoms shall be wasted by Reapers , the Southern Principalities shall end in dust , and the powers of the Iland-Monarchies without either bridle or souldier shall be harnessed . Cruell warres shall be scattered by the windes , and quell'd by a revengefull hail , whose beginning were by a staff , their growth and continuance by bastards . The Sun it self shall play on the timbrell clad with a vermilion coat , and the Moon with dunne buskins shall amble to the fair . Laugh'st thou , O King ? But those on whom these things shall come , for grief and sorrow shall pine away . All these things shall scarce be accomplisht , when a Prince of royall stock shall come forth crowned from the Northern parts , as to his own people unexpected , but desired by forreigners , who because he shall bear a Rampant Lion , shall therefore be called a Lion. He shall not rest , till having called a Synod and after dissolved it by threats , he shall advance his conquering arms against his enemies , and by wofull successe shall harrase the territories of neighbour Princes . He shall exceed Alexander the Great in vertue , and Cyrus in successe . He shall passe the seas and be saluted Emperour by many Kings : A certain antient City shall he lay even with the ground . In the mean while a powerfull Prince out of the East shall provoke him to battel , against whom the Lion shall march with all his forces , and pitching his Camp on this side Euphrates , shall expect him . If the Prince shall come over the river , the Lion shall be overcome : but he shall passe his army over the river , and give his Enemy a bloudy defeat , and be master of all the East . While these things are in action , divers petty Kings from India shall break into Syria with mighty armies , and provided for battel shall wait for the Lion about the valley of Iehoshaphat , where they shall by him be all wholly cut off . Not long after shall the Lion himself decease , after that with eminent piety he shall have established the Kingdome of fugitives . This is all that is extant of this former Merlin , whose glorious works and inestimable Prophecies are utterly lost to the great detriment of learning . 2 Not much unlike this , is that of Greb●er , Ban. 73. Europae labes & imbecillitas singulorum ejusdem Regnorum sedem mirabilitèr struet QVINTAE MONARCHIAE , quae sub tempus exitii Imperii Romani ad terrorem totius mundi ex ruinis Germaniae refulgebit . Haec triennii spatio caetera Europae regna aut vi perdomitabit , aut belli metu ad soci●tatem perpellet : quò universalem Ligam & Unionem omnium Protestantium e●●ici●t sub specie bellum Poloniae inferendi , re autem verâ Imperium Austriacum Italiamque invadendi . Nec eum spes fefellerit . Nam circà hoc tempus SECTA quaedam manachorum adeò abominabilis , obscaena , & seditiosa in Papat●s si●● orictur ; ut compellet tam Protetestantes quàm Italiae Principes extremum Romae exitium moliri . The corruption of Europe , and the weaknesse of her several Kingdoms shall strangely make way for the FIFTH MONARCHY , which about the time of the fall of the Roman Empire to the terrour of the whole world shall appear out of the ruines of Germany . She within three years shall either subdue by force the rest of the Kingdoms of Asia , or for fear of war shall bring them to a league , whereby she shall conclude an universal confederacy , under colour of making warre against Polonia , but in deed to invade the Austrian Empire and Italy . Neither shall her hope fail her : For about this time a certain SECT of Monks shall arise in the bosome of the Papacy , so abominable , obscene and seditious ; that it shall urge both the Protestants and Princes of Italy to endeavour the utter subversion of Rome . Thus having shewed the Seat and Certainty of this V. Monarchie ; I come to declare what People or Kingdom in Europe shall obtain and rule it , and whose it shall soly be . Of the European Christians two several Kingdoms long since , and of late have mainly striven for the FIFTH MONARCHY . First , The Kingdom of Spain hath alwayes for a matter of 170 years ago by incorporating it self with the House of Austria , and the most potent Families of Germany and Italy by strange Marriages and odde medlies laboured extremely to bring all Europe under her Wings , that so she might become the glorious Sun of the West . On the other side , the Swede of late by keeping an high hand over the King of Poland , and fixing his glorious Trophies of Conquest in all corners of Germany ; hath brought the Emperour to so low an ebb , and hath of late become so terrible to the Pope and Spaniard : and lastly can in an instant enleague himself with all Protestant Kingdoms and States , either for fear or favour upon any necessary occasion , that many account him the man that both goeth the directest way , and whom heaven hath ordained to sway the Imperial Scepter within the limits of the Church . But neither of these are they who are ordained to the Empire of the fifth Monarchy . Not the Spaniard , because he is for his inhumane cruelty so generally hated of Christians , all men avoiding him and flying from him , as the Serpent from the Ash : His Indian Plantations both thrive nor , and likewise for their barbarousnesse are so detested of the savages worse than vipers , and upon opportunities are accordingly massacred . Yea , those places● of Italy which are under his Protection , as Florence , Genoa , Millain and other Cities afford him as much affection , as the Spider doth the Serpent . Thus is He the universal Odium of all the world , thrives in no place , and like oyl over-swiming all other liquids , and can hardly incorporate with any ; so seldom is he conjoyned but in natural Antipathy with all Nations . Adde hereunto the austerity and unpleasantnesse of his Government , chusing rather to domineer over subdued Countries by rapine and cruelty , than to govern them by Love and Piety . And lastly , his Governours in every Province aim at their own ends , pilling and squeezing the Subjects , so that his Name and Government is every where abominated , no Province continuing loyal any longer then they can get arms and stoutly rebel . The injustice of which hath caused Portugal to be rent from him , which while the world standeth shall never be his again . And moreover the Oracle tels him , that Naples , Navar , his reconciled Provinces in Belgia , with his Indian Plantations ( the best Jewels he hath ) shall be pluckt within 30 years to come from his ambitious Crown , never to be recovered again . Secondly , The Swede cannot be Paramount in this Monarchy , because of the various Sects and Schisms he is pestered with , so inveterate and so predominant , that no Reformation can purge him of them . The male Line of that Royal Pedegree is extinct , and only a weak young Princess surviving ; the whole Kingdom shared and governed by factious Nobles and covetous Generals , and while every one sucks from the veins of the Body Politique to cram his own , it will be soon evacuated , both of life and nourishment . Besides , it hath been since prophesied to Sweden , that he shall not be so much as a tributary Kingdom to this great Soveraignty , but shall be the first , that shall be made a slave to that famous Northern Lion , who shall wear the Crown of that transcendent Monarchy . As for France , Denmark , England , and the free Cantons of Germany , they make account for the present they d● valiantly if they can well husband what is got already . And for England in particular , if it chance that she make war upon any neighbour Enemy , and enlarge their Dominions by Conquest , it is more to secure her self , and prevent the Invasion of the great Eagle , and her chief feathers , then any gre●dinesse of extending her Bounders by the Conquest and ruine of others . If she keep her ancient soil and possessions in those times , it is as much as heaven hath ordained her , and more she shall not have . Who then must be Lord of this Monarchy ? Or what people shall be parts and members thereof ? Even a Nation which at this day is hid invisibly within the bowels of Europe , which seeing are not seen , and living are not known : Which shall by a miraculous Resurrection ( like the Jews from India and Tartaria ) be raised to destroy all Idolatry and abomination out of every corner of the North , with the weapons of an holy warfare tending to the glory of God , and the Honour of their King. His Sword shall be Religion , and his Ensigns Righteousnesse and Piety . All the godly in every Kingdom and State in Europe , the converted Jews conjoyned and united with them in spirit and habitation , shall ( as I said before ) root out all names of Iniquity , and be this Monarchy , which shall only consist of , and subsist by Holinesse , and an unquenchable desire of propagating the Glory and Gospel of God : according to that of Daniel , Chap. 7. ver . 27. And the Kingdom , and Dominion , and the greatnesse of the Kingdom under the whole Heaven shall be given to the people of the Saints of the most High , whose Kingdom is an everlasting Kingdom , and all Dominions shall serve and obey him . The first preparation to the Birth of which , was that ominous and fatal Starre which appeared in the head of Cassiopea , An. 1572 , the effects of which shall begin to operate upon Europe , and the Eastern Coasts of America , An. 1699 , in bringing a Mystery to light which all the sons of Adam are not able to effect . Of this fat●l and ominous Starre ( or Comet , chuse you whether ) I finde several Tractates written . One Nuntius Propheticus in Print : Magell de quintà Monarchiâ , & Openheims Ephemeris Caelica , both Manuscripts , both excellently discoursing of the Effects thereof : How that , Quo tempore accidet septima & ultima-maxima superiorum Planetarum Conjunctio , princeps erit Monarchia prima , quae caput ex ruinis quarti Imperii erexerit . Currus Lunae Zodiacum perturbabit , Cauda Draconis coget Pl●iades in fletum prorumpere , dorsum Delphini ascendet , & flores Virgineos obfuscabit : continuae turbae , seditiones , bella civilia , strages , panolethriae luctuosissimae omnia illa regna & illustres Familias persequentur , ex quibus ista Monarchia orta est , aut ei ullo modo obviabunt . Burgundiae domus fi●em accipiet , Sile●iae libertas Gallico Neroni prostituetur . Belgarum Ordines potentiae & Aristocratiae suae finem videbunt , &c. Openheim fol. 86. But Magel is most plain above all three , fol. 67. col . 8. Fateor majorum Luminarium deliquia sine insigni hominum pernicie pecorumque strage nunquam extitisse : Regnorum mutationes etiam , populorum clades , regum fun●ra , bella & incendia in ipsorum Deliquiorum Articulis , aut paulò post evidentèr apparuisse . Fateor etiam superiorum erronum coitum malorum ut plurimùm Iliade comitari : atque hanc stellam ( quae hoc An. 1572 in vertice Cassiopeae illuxit ) suprà omnem elementarem regionem collocatam novi Imperij Revolutionem Dominiumque significasse . Quae tamen effecta haec aetas nostra minimè perspiciet : reservanda nihilominùs in gentem quandam etiamnum invi●ibilem , cujus magnitudinis radij in universum caeli terraeque ambitum extende●tur . At what time the 7 th , the last and greatest Conjunction of the chief Planets shall happen , the first Monarchy shall reign , which shall lift up her head out of the ruines of the IV Empire . The Chariot of the Moon shall disturb the Zodiack . The Tail of the Dragon shall force the Pleiades to break out into weeping , shall ascend the back of the Dolphin , and shall darken the lustre of the Virgin : Daily troubles , seditions , civil wars , slaughters , and most lamentable universal Destructions shall vex all those Kingdoms and eminent Families , from whence that Monarchy sprang , or which shall any way crosse it . The house of Burgundie shall be at an End : the Liberty of Silesia shall be prostituted to a French Nero. The Estates of Belgia shall see an end of their Power and Aristocracy . I confesse Eclipses of the great Luminaries never hapned without the notable Destruction of men and slaughter of Cattel : the Changes also of Kingdoms , the Deaths of People , Funerals of Kings , Wars and fires have broke forth either in the very time of their Eclipses , or within a little after . I confesse also the Conjunction of the higher wandring Starres is for the most part attended with an Iliad of mischiefs : and that this Star ( which this year 1572 appeared on the top of Ca●●iopaea ) being placed above the whole Elementary Region , did signifie the Revolution and Dominion of a new Empire . Which effects shall not yet be seen by this our age ; yet are they reserved for a certain Nation , as yet invisible , the beams of whose greatness shall be extended through the whole verge of Heaven and Earth . In that same year shall the kingdom● of salvation be preached by the Ministry of the Saints the most High , to those immense and unknown American Coasts , to whom as yet the Name of Christ was never yet revealed . And that people● who from the Creation till that time were the Empire of Satan , shall be called the specious and spacious Church of God. The gates of which shall be open continually , neither day nor night shall they be shut , that men may bring unto them the riches of the Gentiles , and the treasures of the Kings of the Earth . All Nations and Kingdoms , that will not serve her , shall perish and be destroyed for ever . Within whose land shall be heard no violence nor destruction , nor desolation within her Borders , but Salvation shall be her wals , and praise her gates . Her Government shall be peace , and her Exaactors Righteousnesse . H●r Sun shall never go down , nor her Moon ever be hid , for the Lord shall be her everlasting light , and the dayes of her sorrow shall be ended . The people within her shall be all righteous ; for ever shall they possesse their proper inheritances , for God shall make them an everlasting Glory , and a Ioy from Generation to Generation . Therefore ought no man to be sorrowfull for the Calamities of Europe , or the afflictions of the times ; nor grieved with the mutations and Downfals of Kingdoms and Empires , neither should he be afraid because Wars and miseries rage in all Coasts of the world . For this is the eternal Law of Creatures ( which the Creator imposed upon them at first ) that the Birth of one thing should be the Death of another , and that the order of Nature should be preserved by the vicissitudinary course of alternate Mutability . And why should we be offended at warres amongst men , when there are daily and continual Conflicts between the Elements themselves ? Cities , Republiques , Empires and Families are mortal as men , have their states of Birth , Infamy , Growth and Old-age as well as they . Glory , Majesty , Arts and Soveraignty began in Asia by the Assyrians ; from them departed to the Medes and Persians ; and from them ( before they had well tasted the sweetnesse of them ) translated to the Grecians , and next to the Romans : The Glory of the Roman Empire was eclipsed and humbled by the barbarous Inundations of Goths , Huns , Vandals , and other savage Nations , who being themselves once civilized and mollified by the Effeminacies of Italy and the West , were in 560 years space overthrown by the Potency of Charlemain and the Germans . Germany hath now fully possessed the Imperial dignity 790 years ; and before fifty years moe be past , shall be made a scorned Servitor of the King of the North , whose Power and Religion shall transcend the utmost Confines of East and West . In the beginning of which Empire , Venice shall not brag of being inaccessible by the circumfluent Ocean , and London , Paris , Antwerp and Prague , the IV Ladies of Europe shall be humbled to sit in the dust of eternal Destruction . The consideration of this must teach men humility in prosperity , carefulnesse to know God and keep his Commandments , seeing every Plant which he hath not planted shall be plucked up , and nothing can be permanent but by his favour and protection . XV. Thou therefore the eternall and incomprehensible Father of lights , the indivisible God of peace and unity , look down at length upon the afflicted estate of thy Gospel and mournfull face of thy Church , clouded with sects and schisms , rent by civill combustions , dying by the wounds which her sons have given , and wallowing in that gore which was shed by the hands of her own children . Though our sins have deserved that we should for ever be cast out of the sight of thy countenance , yet respect thou the bloud of thy Sonne , crying better things then that of Abel , and be once at one again with thy inheritance● Abraham knows us not , Israel is ignorant of us , but thou art our Father , and in thee shall be all our a●fiance , with whom even the worst of men have found mercy . Extend the light of thy loving-kindenes to the Tribes of Iacob , and return to the many thousands of Israel , for the time to build up Zion is come , and the daies of restoring Jerusalem cannot be prolonged . For why ? Thy servants think upon her stones , and favour the very dust thereof . But remember Edom , O Lord , as thou remembredst Babel , which have cryed so oft , Down with it , down with it to the very earth . Pour thy-vengeance down upon the Beast of Rome , and the red Dragon of Constantinople , who never knew thy name , that so the sorrowfull sighings of the Prisoners may come before thee● and thy servants be preserved that are appointed to die . Let thy work be upon the MAN of thy right hand , and upon the Son of man whom thou hast made so strong for thy self , that Pharaoh , Elam , Mesheck , with the sonnes of Tubal may fall in the midst of them that are slain by the sword , and may descend into the midst of hell with all that help them , even the whole multitude of the Uncircumcised , whose Lot is to goe into the nether parts of the Earth . There shall they have their beds with the Uncircumcised near those Valiants , which are gone down to the grave , with their weapons of war , and have laid their swords under their heads , because they were the fear of the mighty in the Land of the Living . But what shall be said to the Captain of the Nations , or to the Angell destroying Edom and Babylon ? Even this , That the Lord hath founded Zion , and the poor of his people shall trust in it . He will leave an afflicted people , and they shall trust in the name of the Lord : He shall give them a pure Law , that they may pray to him with one consent . He shall open the doors of darknesse , the gates of obscurity shall he break down , that the world may be filled with the knowledge of the Lord as the waters cover the Sea. O thou sower of discord , and Captain of iniquity , how long wilt thou delight to murther , spoil and pursue the distressed ? Knowest thou not that it will be bitternesse in the end ? Command the people to return every man from pursuing his brother : for lo , a Nation is risen against you , a mighty Nation and terrible from the East , whose horses ace fire and his Chariots flames of fire to devour : his men are as swift as the Eagle , who will have no compassion on the fruit of the womb , nor shall their eye pity : They shall encompasse ●hy Tents with an intent to lay all waste before them , but neverthelesse be con●ident and bold in the Lord of Hosts : for fire shall come down from Heaven and return their wickednesse upon their heads , and their doings upon their own pates . O thou worship of Israel ! how wonderfull art thou in thy doings toward the children of men● Bringing light out of darknesse , strength out of weaknesse , and making Justice the mean to the manifestation of thy goodnesse and glory ! As for me , I will expect him who is as well the King of Salem , Peace , as Melchised●ck , the King of Justice , all my daies : and will heartily pray for his coming , who shall bring every work into judgement , and every thing to a legall triall , whether it be good or evill . He is the Lamb upon the white Throne , before whose face Heaven and Earth shall fly away , and the Sea be no more found : Death and Hell shall give up the dead that are in them , and every Name that is not written in the Book of Life , shall be cast into the Lake of fire . For which time all the Creation groaneth , crying out to be delivered from the Bondage of Corruption , and restored to the glorious Liberty of the Sons of God. Even so , come Lord Jesus , come quickly , that sin may be destroyed for ever , and righteousnesse eternally established in stead thereof , Amen . FINIS . For●itan hunc aliquis verbosum dicere librum Non dubitet : forsan multò praestantior alter Pauca reperta pu●et , quùm plura invenerit ipse : Des●s & impatiens nimis haec obscura probabit : Pro capt●● Lectoris habent sua fata Libelli . Sed me juditij non p●enitet : haec benè vobis Commis● , quibus est amor & sapientia juxtà , Et Labor in studijs ijsdem celebratus inhaeret : Vos sequar : in vestro satis est examine cautum . Notes, typically marginal, from the original text Notes for div A56200-e80 * Exact Collection p. 663.666 . A Collection of Orders & Ordinances , p. 354. Exact Collection , p. 4. to 14.97.98.508 . * Exact Collection , p. 10.199 492 , 493. † M. Baylies Canterburians Self-conviction . The Scots Impeachment against ●Ar●hbishop Lawd . * Exact Collection , p. 10.11.12.492 . † Exact . C●●l●ction , p. 10 . 11.12●●3 97.492.508.894.595 A Coll●●●ion , p. 308.309.354.417.419.457.458 . * Exact Collection , p. 11.12.13.199.492.493.508 . † Exact Collection , p. 17.18.98.229.493 . * Exact Collection p. 594. 〈◊〉 605. A Coll●ction , p. 309. to 313 327 . 358.359.3●0.399 404 . 41●.420 . to 428.458.453 . † Exact Collection . p. 97 , 98 218.564 . * Exact Col. p. 56.57.58.666 564 to 605. A Collection , p. 308. ●o 312.354.355.363.371.372.428.441.467.677 . &c. 66● . 711.767.798 . to 810.933 . † A Collection , p. 428. * A 〈◊〉 , p. 721. † A Collectio● , p. 309.310 311 . 312.327.358.359.39●.399.404.416.42●● to● 428.458.459.694.751.768.769.798.802.806 . &c. 878.879.889 . * A Collection of Ordinances , p. 426. † The History of Indep●nd●ncy . † A Collect●on , of Ordinances , p. 424.425.426 . † 2 Chro. 11.4 . c. 28.6 , 7.8 , 9 , 10.11 . 2 Sam. 26 , 27. Acts 7.26 . Gal 5.14 , 15. Obad. 10. &c. 1 Cor. 6.1.6 7 , 8. 1 John 3.12 . * John 13.34 , 35. c. 15.12 . Rom. 12.9 , 10. c. 13.8 , 9 , 10. Gal. 5.13 , 14. Ephes. 1.15 . Col. 2.2 . 1 Thes. 3.12 . c. .4.9 . Heb. 13.1 . James 2.8 . 1 Pet. 1.12 . c. 2.17 . c. 3.8 . 1 John 3.11.14 16 , 17 , 18.23 . c. 4.7.11.12.16.20.21 . c. 5.2 . 2 John 5. † Gildas . de excidio Britanniae . Fox Acts & Monuments . Vol. 1. † Gen. 4.10 , 11. Jer. 51.35 . Ezek. 35 , 5.6 , 7 , 8 , 9. Notes for div A56200-e2960 The Occasion of writing this Trea●is● . Th● subject ●●tt●r of ●●is ensuing Discourse . The Confutation of the wicked Opinions of the Millenaries of the Personall Reign of Christ upon Earth after An. 1700. A D●clara●ion o● the e●fects of the blaving Comet , Anno 16●8 . Grebners Prophecie of our la●e King , and his Son now King. ☜ ☜ A true Explication of th● Number in Rev. 20.8 . The estate of England with other Pr●vinces of Europe from Anno 1650. to An. 1698. Certain remarkable Numbers in Scripture , whereby ●he Epoch'● of the ruine of Tu●k , Po●e , and the conversion of the Iews are more ●ully strengthned . A Pr●gnostick of the Estates of c●●tain years Of An. 1657 Of the Eclipse in An. 1654. Baudensis Prognostication of Anno 165● , 1658 , 1661 , 1663. A Description of the 7 ●iery Triplicities . The Exposition of Nebuchadnezzar● Image , in Dan. 2. The Exposition of the 12 last chapters of Ezeckiel . The Exposition of the end of D●ni●ls 11 chap. ● The Exposition of Rev. 9.15 . The cōmon Objection of Divines against the V. Monarchy and the universall kingdom of the Gospel here upon Earth , drawn from the badnesse of the Times , Answered . Certain Epigrams of Petrus Damiani of ●he ruine of Tu●k and Pope , &c. never yet before printed . Prophesies of Hieronymus Savanatola . A Prophecy lately found in France , of the future ●st●te of the world till An. 1710. The true Explanation of the Prophecy o● the cōtinu●nce of ●he Turkish Empire , found in M. Fox's Act● and Mon●ment● , pag● 746. A Prophecy of the year 1●98 , found in the study of Iust●● Lypsi●● ● A true Exposition of a Esdr. 11. c●● . Evidences out of Scripture that the ten Tribes shall be brought out of Tartaria & India , and converted to the Gospel , as well as our Western Iews . A large Discourse of a probable co●jecture that the ten Tribes of Israel were placed by Salmanasser in Arme●ia and Media , & that from thence they passed into Tartaria , and so into India . Other excellent Proofs of the future conversion and Monarchy of the Iews , 1 From Abraham ● 2 From Isaac . 3 From Iacob . 4 From the New Testament , Act. 1. 5 From Moses Song , Deut. 32. 6 From the history and life of Ioseph What uses Protestants ought to make of this blessing of the conversion of the Iews● Description of the four Monarchies . Reasons of the V. Monarchy . Prophecies of the LION of the North. 1 Of the true Merlin in K. Lucius daies , An. Ch. 130. 2 Of Greb●er● Who shall be King of this V Mona●chy . Not the Spaniard . Nor the Swede . Object . Answ. Of the Effects of that fatal Star , which appeared in the head of Cassiopea , An. ●●72 . The Description of the flourishing Monarchy of the Gospel in America and India about Anno 1710 , and A. 1763. A Praye● to God to u●ite his Church , end the afflictions of it , and to hasten the conversion of the Iews , with the monarchy of the Gospel . 
A56284	----	Scotlands holy vvar a discourse truly, and plainly remonstrating, how the Scots out of a corrupt pretended zeal to the covenant have made the same scandalous, and odious to all good men, and how by religious pretexts of saving the peace of Great Brittain they have irreligiously involved us all in a most pernitious warre / by H.P. ... Parker, Henry, 1604-1652. This text is an enriched version of the TCP digital transcription A56284 of text R40061 in the English Short Title Catalog (Wing P421). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 206 KB of XML-encoded text transcribed from 41 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A56284 Wing P421 ESTC R40061 18676085 ocm 18676085 108155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A56284) Transcribed from: (Early English Books Online ; image set 108155) Images scanned from microfilm: (Early English books, 1641-1700 ; 1658:13) Scotlands holy vvar a discourse truly, and plainly remonstrating, how the Scots out of a corrupt pretended zeal to the covenant have made the same scandalous, and odious to all good men, and how by religious pretexts of saving the peace of Great Brittain they have irreligiously involved us all in a most pernitious warre / by H.P. ... Parker, Henry, 1604-1652. [2], 78 p. Printed by Fran. Neile ..., London : 1651. Errata: p. 78. Reproduction of original in the Harvard University Library. eng Great Britain -- History -- Commonwealth and Protectorate, 1649-1660. Great Britain -- Politics and government -- 1649-1660. Scotland -- History -- 1649-1660. Scotland -- Politics and government -- 1649-1660. A56284 R40061 (Wing P421). civilwar no Scotlands holy vvar. A discourse truly, and plainly remonstrating, how the Scots out of a corrupt pretended zeal to the covenant have made t Parker, Henry 1651 36905 148 5 0 0 0 0 41 D The rate of 41 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-06 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2008-04 John Latta Sampled and proofread 2008-04 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Scotlands holy War . A DISCOURSE Truly , and plainly remonstrating , How the SCOTS out of a corrupt pretended zeal to the COVENANT have made the same scandalous , and odious to all good men : and How by religious pretexts of saving the Peace of Great Brittain they have irreligiously involved us all in a most pernitious Warre . Tantum Religio potuit suadere malorum . Curs'd man , what canst Thou hope for , what desire ? To Thee Christ brings a sword , his Gospel fire . Be man no more , abjure thy wretched kinde : Lest Mannah poizen , Sun-beams strike thee blinde : By H. P. Esquire . LONDON : Printed by Fran : Neile , in Aldersgate-street . 1651. READER , I Have lately seen in Print an Apologie for such Ministers , and people , as out of conscience did not observe the Thanksgiving-day dedicated by the Parliament to Almighty God , for giving us victory against the Scots : and the Apologist had prefixed this Title in his Front : Sad and serious Politicall Considerations touching the Invasive Warre against our Presbyterian Protestant Brethren in Scotland , their late great overthrow , and the probable dangerous consequences thereof to both Nations , and the Protestant Religion . As soon as I had read it over ; I saw heavy , and bitter charges in it against the Power now Governing , and by consequence against our Nation , and Religion , but all was built upon such premisses , as were left utterly unproved . I doubt not therefore but all Schollers will deride the Author , as void of wit and ingenuity : and will think that Pamphlet unworthy of an Answer , which can challenge nothing besides a flat denyall . But when I consider the multitude , who scarce discern betwixt Arguments and Invectives , or points that require solid proofs , and such as sometimes are not worth prooving : when I consider this multitude may be dangerously imposed upon by confident writers indeed , such as have effrontery enough to grant themselves any thing under dispute : I dare not be wanting to a distressed Cause , and vitiated Truth . What the Apologist though affirmant has left unproved , viz : that the Parliament has broken Covenant with the Scots , and made an Invasive warre upon the Presbyterians : the same I though respondent shall endeavour to leave disproved . And I hope I shall remonstrate by something more then Averments , my Antagonists best arguments : 1 ▪ that the Covenant was first violated by the Scot● , and 2ly , that this warre of great Brittain was raised by the Presbyterians . Of the Covenant . ABout 11. or 12. yeers since , the late King began to take Arms against the Scotch Nation upon Ecclesiastical quarrels , but his successe was so ill therein , that He could neither hopefully pursue , nor yet handsomly compose those broils . The reason was , because his Popish Subjects could not , and his Protestant Subjects in England would not support him with their effectuall assistance in that causless warre . So this Parliament was then convened to extricate the said King out of those difficulties : and had ●here been any other remedie that possibly could have releasd him ( so intangled , as He then was ) either by pacifying the Scots without force , or forcing them without pacification , this remedie had never been thought on : for there was nothing in the world more adverse to his Tyrannicall ends ; then the freedome , and controuling authority of that high Court . Long it was not therefore after the sitting of our great Councell , before the said King gave open testimonies , how odious it was to Him to see his boundles Prerogative so checkt : nay many months had not elapsed before disgusts had hacht & ripend bloody & dangerous plots against the whole representative bodie of our State , 2. Armies were now in the North out of all military imployment , and this put the King in some hopes , that either one of them or both might be woone to his partie ; and so help to rid him of his loathed rivality . Strong endeavours were used accordingly : but God blasted them all : the Scotch Army thought it too horrid a thing to attempt the ruin of that Court which was so true to their preservation , and so assured to the ends of their late Declaration : and the English Army durst not attemp● any thing , having the power of London to mate them before , and the Scots behinde , yet the Parliament truly apprehending danger from these , and other like machinations to for●ifie themselves the better , frame a Protestation for all the people to take , and whosoever should refuse the same , He was voted unfit to bear Office either in Church , or Common-wealth . This Protestation was taken in 1641. and the Protesters did thereby in the presence of Almighty God binde themselves to defend Religion , the King , the Parliament , publick Liberty , the Union , and peace of the three Kingdoms , with a clause to be assisting to all that adhered to this Protestation , and to be at enmity with all its opposers . The King stomacht much this new way of imbodying the people in leagues , and parties , and knew well that the contrivers of it intended it for a combination against his unlimited pretensions : but seeing his interests were here as specially provided for as any other , without any insinuated subordination , and that it left his pretensions as unprejudiced as they were before : he smothered much of his distaste against it . Ordinary affronts , and misadventures did rather quicken then quash this Kings resolutions , wherefore upon this Account He made the more haste into Scotland upon some concealed reasons of State : and his hope was , that by his passing through both the Armies in the North , He should finde an opportunity to be his own negotiater with all the chief Commanders . All these royall arts neverthelesse miscarried , and were not able to debosh the Armies , for either the Commanders were jealous of the soulderies integrity , or the Souldiery of one Army suspected the sincerity of the other , or else the Parliaments sollicitations proved as efficacious , as the Kings : somthing there was that concurred to the abortion of that mischief . The King therfore speeds away to Scotland with super●etations of further plots in his unquiet head ; but his old fate still accompanied him , for there He was soon disburthened of some of his monstrous conceptions , to the great detriment of other men : but He scarse ever prospered in any one designe for the advancement of himself . Some Noblemen that were invited to a bloodie supper , got timely advertisement of the royall assassinators , and so by flying privily out of Edenburgh secured themselves : but that ever to be execrated insurrection in Ireland , by the Irish Papists against the British Protestants , came to effect at that time ; and t is known well enough that the chief actors in that tragedie alledged a Commission from the King under the great Seal of Scotland , to justifie all that they then perpetrated . Here was an issue of blood spent , that is not stanched to this day : little lesse then 500000 Christians were sacrificed , and devoted to slaughter by that Commission ( and the King himself never took any effectuall course to wipe off that stain ) but what prosperity has that dismall deluge of blood brought at last to the Kings cause ? Hitherto the King keeps from open defiance with the Parliament of England : but now Gods flaming Minister of warre begins to brandish his sword against this Nation : now the King is returned from Scotland : and now begins the year 1642. wherein Arms are openly taken up , and avowed on both sides . Scotland for two or three years before had seen war , but without slaughter ▪ Ireland had been miserably the yeer before imbrued with slaughter , yet saw no war : but England must now prepare her self both for war , and slaughter . At the first harnessing , and making ready for the field both sides pretended to be on the defence : and both pretended to stand for the defence of the same persons , and rights ; the Parliament declares for the Kings rights aswell as the subjects Liberties : and the King for the Subjects Liberties , as well as his own rights : the matter of the Protestation is the cause they both ●ight for ; insomuch that by their professions it might be thought the Protestation were equally favoured by both . Neither were their successes much unanswerable to their professions : for after a bloodie battell fought neer Keinton in Octob : and another hot encounter at Brainford , and after divers other conflicts in severall other places of the Northern , Western , and middle Counties of England either side got blows , but neither side carried away any great advantage , or conquest : only the Kings secret correspondence with the Irish began now to grow more evident , as well by their declaring for the Kings pretences , as by his diver●ing the preparations made here against them . At this time the threed of the Kings Councels was exceeding finely spun , the more zealous He seemed against the I●●sh openly , the more zeal He attested to them privately , and they themselves could not but see by the Kings seizing our Irish provisions here , and assuring himself of our Forces sent thither , that the more we exhausted our selves in sending supplies against them , the more unable we should be in the end either to resist the King here , or to reduce them there . Howsoever as was noted before , though the most subtill threeds of the King , were strong enough sometimes to fabricate toils and nets for his subjects , yet they never could be twisted into ladders for the mounting of him to his aspired grandour . About the beginning of the year 1643. another black desperate designe against the City of London was discovered , scarce inferior to any of those former impregnations of the Kings inraged brain : whereupon the Parliament again had recourse to this new religious guard of Vowing , and Covenanting . And herein after the Covenanters had humbled themselves before God for the Nations sins , and judgements , and promised by Gods grace to endeavour for the future , an amendment of their wayes , they the second time ingaged themselves by Vow , and Covenant , in the presence of Almighty God , to be adhering faithfully to the Forces raised by the Parliament for defence of Religion , and liberty . &c. But notwithstanding the vertue of both these holy remedies against the Kings uncessant stratagems : about the latter end of the same Summer the Parliaments affairs came to a great declination , and till they obtained aid from the Scotch Nation , their condition was thought very tottering . In August the English Commissioners began to treat at Edinburgh : and about the depth of Winter the Scots advanced with a compleat , well appointed Army . Yet this may not be wholly pre●ermitted , that the Scots were long deliberating about their march , and though they saw their ruin involved in ours , and their faith no lesse pre-ingaged to us for mutuall assistance , then ours was to them : yet they advanced not at last but upon these strict conditions : 1. That we being then but a wasted part of England , yet should presently imburse them out of our afflicted affairs with a great summe of ready money : 2ly , That they should be payed as mercenaries , and yet have a share in government here , as if they were our joyntenants . And 3ly , that we should enter with them into a new solemn League and Covenant upon Oath , as it was by them composed , and conceived . So disproportionable , and unsuitable is their amity to their enmity : for when they had a pretence of a quarrell contrary to former Treaties with England , in 1648. t was in their power to invade England readily without assurance of present Advance-money , or establisht pay afterwards : and such able Enemies we found them in all ages : but when they were to be ayding to part of England , in observance of former Treaties , in 1643. there is no moving in such a work without ample Covenants : so much more difficult amongst them is the enterprise of helping , then is the enterprise of undoing . It is manifest now , by that which has been hitherto premised , that the first occasion of flying to such conscientious tyes and expedients as these , was that the late Kings plots , and conspiracies might be thereby the better disappointed , and that the people might be thereby the better confirmed in their opposition against Him . And this makes it now seem the more strange to us , that the Scots at present should make their Covenant so main an engine for the King against us , which at first was certainly excogitated as a main engine for us against the King. 2ly , it is hereby as manifest that the Scotch Covenant which is now insisted on by that Nation , and was pressed on us at first with so much rigor , did add no new obligation at all to the English : Religion , Liberty , Monarchy , and the peace of the Nations were as much secured before , and as sanctimoniously by the Protestation in 1641. and by the vow , and Covenant in 1643. as they were afterwards by the solemn League and Covenant , when the Scotch Army was to enter England . 3ly . We cannot observe by any remarkable blessing from Heaven , that the hand of God did ever give any gratious testimony in behalf of these new sacramentall obligations . The protestation was thought ineffectuall till the vow , and Covenant came in with a greater supply of religion : the vow , and Covenant was not able to break the Kings Armies till the solemn League of Scotland had superinduced its further sanctity : and when that was superinduced and came accompanied with 20000 armed men from Scotland , the King subsisted , yea and thrived a long time after : and without doubt those Oaths which he imposed within his quarters did asmuch service against us , as ours did for us in our quarters . We all know that t was not a new Oath but a new modeld Army that by Gods most gratious hand first gave check to the Kings prosperity : and t is not so visible that ever we trampled on the Royalists formerly by observance of the Covenant , as that we are now miserably ingaged in blood against the Scots , by misprisions , and false glosses of the same . The Lord of his boundles mercy grant at last that we may return to our old wayes of humiliation , seek to appease that Majesty by fasting , and praying , which is to be feared we have provoked by superstitious vowing , and swearing . 4ly , We cannot finde that ever the people was rightly fitted , or at all benefited by these new sacramentall Leagues , or rather politicall Sacraments : for in England we had too many that would take the Kings Oaths when He was prevalent , and the Parliaments also when they were prevalent : and in Scotland Montrosses victory left lamentable spectacles of humane treacherie and impietie as to the Covenant : No sooner had he in 1644. woon one pitcht Field but the Nation generally flow'd in to Him , to submit unto his new royall bonds , with curses upon them that had forcibly clogd their consciences by contrary ones before ; and no sooner had D : Lesly routed Him , but the same people again shifted Montrosses bonds with detestations as high , and bitter , as they had the Parliaments before . This is a prodigious example , exceedingly to be deplored not onely by the Scots , but by all mankinde . But to proceed : The breaches , and hostilities which at this day are sprung out of the Covenant betwixt the Covenanters of both Nations are too visible : the question is therfore , whether we shall charge these mischiefs upon the ill composure of the Covenant it self , or upon the malice of the Covenanters : and if upon the Covenanters , whether are more guilty the English , or the Scotch ? And first as to the Covenant it self , it seems to me that even that was not compiled so briefly , so clearly , and so impartially as it might have been , and that has given some occasion of stumbling to some : but certainly blood had never been drawn by brethren so leagued together , as we are , had it not been for the ignorance , arrogance , and high injustice of the Covenanters . Antiquity which was famous for ingenuity , had not any use to charge their humane contracts , much lesse divine , with so various and heterogeneous branches , as this Covenant is charged withall : some points of it are divine , some morall , some civil : some are of higher , some of meaner concernment : and all of them thus odly compacted together swell it up into too rude a lump . Moreover , since variety of parts made it more grosse , and by consequence more obnoxious to doubts , and intricacies , there ought to have been more care to distinguish betwixt those parts which were coordinate , and those which were subordinate : and in case some provisoes proved inconsistent with others , it should have been predetermined which should supersede , and which should be superseded . The King by one clause , as He is King , is to be maintained equally with Religion , &c. yet by another clause , as He is a profest enemy to the Covenant , is to be pursued by arms , and brought to condigne punishment . The safetie of Religion may possibly be irreconcileable with the safety of the King : and the safety of the King confessedly owes a subordination to the safety of Religion : yet it is left dubious by the Covenant how far the inferior here shall give way to the superior . The unity , and peace of the Nations is the scope of one Article in the Covenant , and that Article had a high place in the intent of those which indighted the Covenant : yet neither does this Article condemne all war as unlawfull betwixt the Nations , nor yet prescribe when it may be judged Lawfull , nor by whom . The Scots by one interpretation of the Covenant are more strictly imbodied with us then formerly , and so to be assisting in our Reformation : yet by another interpretation , they are to maintain to us our Nationall rights , and not at all to interpose in judging of our English affairs : and how can they reform where they may not judge , or how can they judge where they have no propriety ? or how can they challenge more by vertue of this Covenant-union in England , then we do in Scotland ? or how can confusion of interests be introduced , where there remains a coordination so equally , and justly preserved ? In the next place , there is a palpable partiality in the Covenant whereby is easie to be perceived in which Nation it received its being : for the Church of England , and Ireland are to be reformed , but the Church of Scotland is to be preserved in its perfection of Doctrine , Worship , Discipline , and Government . In summe , all three Nations are to purge away whatsoever is contrary to sound doctrine , and the power of Godlines : and the only true standart for such purgation is the book of God , and forasmuch as that is as truly a standart to the Scots as to the English , they , though the Covenant prejudges and presumes them perfect , are to be tryed by this Book as well as we are , and as that which is defective in them must be rectified by this standart : so that which is not defective in us must be justified by the same . We conclude therefore justly , that either the Article it self pre-judges us , or is by them ill prejudged when they assume , that we are to conform to them , more then they are to conform to us : for so much as there is but one only book to which we are bound equally both of us to conform ▪ and of that Book they are no more authenticall interpreters then we are . These exceptions , and perhaps more , might be taken against the Covenant it self , and the manner of obtruding it : but we fix not hereupon , nor will we mention it , as to the genuine intent of it , without reverence : the main offence that has been given to the world , has been given by the Takers of it in a false sense , not by it self . The inquirie therefore at this time is , whether the English , or Scots , whether the Presbyterians , or Independents are most blameable before God , and Men , for the scandall which has been given by occasion of this Solemn League , and Covenant . For the better discussion hereof , we shall do well to observe , first , which of the parties has been most clamorous against the other ▪ ●ly , What the principall matter of those clamors has been ▪ 3ly , What may be most probably aymed at by the raisers of those clamors : 4ly , What the issue has been ▪ As to the first it is apparent , that the Scoch Presbyterians , were the first compilers of the Covenant , and that they still continue to set a sacred value upon it , even unto a great degree of superstition : and t is as apparent , that they had not been so strangely transported with rage against us , but for our attributing lesse then they do to it . The Covenant is their Word in the day of battell ; the Covenant in specie is carried along by their Priests , when they march into the Field , as if it were held oraculous , and had the same presence of God ingaged to it , as the Ark had amongst the Jews : The Covenant in Law is made transcendent to an Act of Parliament ; nay if both Nations should agree in one Act of Parliament , that Act could neither make more intense , nor more remisse the obliging force of this Covenant . This Covenant is sometimes call'd Gods Covenant , and inscribed by the Scots in the same table with Gods Covenant of mercy to his Church , and therefore when they will animate the people against us in war , they tell them that God cannot deliver up his Turtle dove , and his Covenant into the hands of such Enemies . Now because we come not up to this hight of adoration , we seem despisers of the Covenant in the Scots eyes ; and because we seem despisers of so holy a thing ( accounted by them the very soul of Religion , and policy ) their gall flows out most violently against us . They tell us ▪ we have brought great scandall , and reproach upon the Name of God , the Name of his people , and the study of piety ▪ that we have not onely broken the Solemn League and Covenant betwixt God and these Nations , but have in effect rejected it , and trampled upon it , are become enemies to all the ends of it , yea persecuters of the servants , and people of God for their adherence to it . This in effect has been their burthen against us for divers yeers , though it be as void of truth , as it is of charity : and though we ( who may more justly instance in this , and divers other things as breaches of the Covenant on their parts ) have never made the Covenant any ground of quarrell , or reproach against them . T is far from us to under-value the Covenant : we hold it a religious tie of mutuall assistance betwixt the Nations against the common Enemies of Religion , Liberty , and Union , and so we think honorably of it : only we make it no spell , nor idol : nor can we beleeve that it ties us to any duty , which our Pretestation , and Vow , tied us not to before , nor did our Protestation , and Vow create any new duties to us when we first entred into them . In the next place , though there be many heavy breaches of Covenant ubrayded to us : yet all of them resolve into these two , That we make not good what we have covenanted for either to God , or to the King . They could never say till this last Summer ( nor can they truly say so of us last Summer ) that we ever entred their Countrey to disturbe their peace , to claim , or usurp any share in their Government , to lay taxes , seize Towns , waste Villages , and destroy Natives amongst them , as they have done amongst us : all that they can object to us is , concerning injuries done to other parties , within our own territories , where by the Covenant they have no jurisdiction at all . In the behalf of God , they complain , that our professed Faith is nothing else but a mixture of Arrianisme , Socinianisme , Antinomianisme ▪ Familisme , Antiscripturisme , Anabaptisme , Erastianisme , and Independency : but they know well that for matter of Doctrine , we still retain the old Articles of our Church , without any staggering at all in the least : and for matter of Discipline , we are willing to comply with them so far as they comply with Gods Word : but in this we have our eyes in our heads as well as they , and t is no Law for us to damne the opinion of Erastus , or the person of any Independent , because they by them are dishonorably spoken of . The truth is , the Independent departs not so far from Erastus , as the Presbyterian : and Erastus is no Freind to the supreme power of Synods , nor the uncontroulable dominion of Priests ; and this makes the Independent so injurious to God , otherwise call'd the Kirk , otherwise call'd Kirkmen ; were it not alone for this sin in the Independent , Arrainisme , Socinianisme , &c. ( though we were therewith more infected then the Scots , as we are not ) would make no breach of Covenant at all amongst us . In behalf of the King , they complain , that we have treated him not onely as an Enemy to the Covenant , but also irreconcileable to the very being of our State : and hereupon they take upon them to bewail the hard condition of the English , that they are loaded with so many , and so great taxes , and subjected so rigorous , and obdurate Laws : which shall receive Answers in due place . But in the mean time , t is neither the Kings , nor the peoples sufferings that stirs such a deal of compassion , and zeal in the bowels of our fellow-Covenanters ; t is the change of our Government , by which they perceive at last , they themselves are verie great loosers . The truth is , the difference betwixt the King and us heretofore was of great advantage to them : and this advantage ( though it was no property , or right of theirs , but a wrong , and damage of ours ) is now faln away from them . The King shall now have no more occasion to give them pensions in Scotland , nor gratifications here to do us dis-service in behalf of his Prerogative : nor shall we be any more bound to hire their service against the Crown : and we must know , that these double offices , or ambidextrous versatile arts of doing services , and dis-services was as great a revenue to them ( especially since these last troubles ) as the intra does of all Scotland . Now this therefore in the third place , may save us our labour of further inquiry about the ends , and aims of the Scots in their exclamations , and expostulations against us , when they contest in behalf of the Covenant . We see what the Clergie in Scotland , and here , are so thirstie of , they would fain have Consistories in every Parish , where they might have a free power to dispence the Ordinances of Christ to such as prove observant of them , and to cast out all that are not submissive enough : and for fear Lay Judges should ballance too much there , they would have Classes above better defecated of such secular persons : and for fear lest those Classes should be controuled by Parliaments : they would have Assemblies above all to act for Christ in all matters whatsoever military , or judiciall , wherein Christs Throne , that is the Kirk may be concerned . No Protestant Bishops ever aspired to so sollid a power on earth : nay except in the Popes own Patrimony , where He is a Prince , no Bishops in Europe und●r any other Lay Princes are allowed to sit and act so independently , upon a Commission so large , as the Scotch Assemblies do : and therfore we cannot wonder if such a new Hierachy , as this of the Presbyterians be so desirable amongst our Kirk-men . Furthermore , when such impetuous appetites of all the Clergie in Scotland , backs with some thousands of ours in England , shall also fall in at the same time with the interests of so many of the Nobility , Gentry , and Souldiery in Scotland , as drove a very thriving trade heretofore by siding sometimes with the King against us , at other times with us against the King : and these things can be no other way compast , or pretended to but by the ambiguous sense of the Covenant : we cannot wonder , if the Covenant be held so venerable a thing as it is in Scotland , and made the price of blood and war , as to every puntilio in it . More then this needs not be said of the Scotch Presbyterians , if as much could be said of the English Independents , and that they may have as fair hopes , and probable ends against the Scots by suppressing the Covenant unduly , as the Scots have against us by inforcing it immoderately : I would willingly quit this as a nugatory , weightles presumption . The last thing that may deserve to stay and take up our thoughts a little is , the issue , and event that both sides have met with , and this may justly sway our censures in such a question , as this is . The King being driven to extremities in Oxford , and being privy to the differences betwikt both Nations about some constructions of the Covenant , chose rather to cast himself into theirs then our hands ▪ and we cannot imagine that the King which so hated and feared the true intent of the Covenant , would rather intrust his life to those which He thought more true , then those whom he thought more false to the Covenant ▪ But what successe had that trust of his ? it cost him his ruine in the end ; for they which interpreted the Covenant for his purpose whilest he was to put ● great prize into their custodie , soon found out a contrary interpretation , when the Parliaments money out-weigh'd that prise . This end their animating him divers times against our Propositions tendered , when the King was thereby , and by other secret correspondencies rendered more dangerous to us , and more uncouncellable to Himself was fatall to Him . But now since in favour of his Son the former interpretation is resumed the second time : how has the case been altered ? The case in truth is even thus , the young King has repented of his coming amongst them , the Kirk begins to repent of his admission amongst them : the hand of God has been heavy upon both : and t is almost come to this , that the most conscientious Presbyterians in Scotland must read the Covenant in a new sence amongst us : whilest all the rest must lay afide the Covenant wholly amongst the ancient , professed Enemies of it . I will not strain this argument of successe too high : but this is to be remarked , that the successe here put , is not ordinary , or meer successe : forasmuch as it has been sent from Heaven after solemn appeals thither made by two religious parties , and as the honour of God was much concerned in it , so the manner of sending it was more then ordinary . We draw nearer now to the Covenant it self , and shall consider it first in the whole , and then in its parts . The first clashing we had with the Scots was about the right which each Nation had past to the other meerly by joyning in such a mutuall , sanctimonious stipulation : for when we objected to them upon severall occasions , that they interposed too far in the Affairs , and Councels of England , they as often gave us this Answer , that we were not since our conjunction with them in the Covenant and Treaties to look upon them as strangers , or so far distanced , in the interest of England , as they were before . This was at large refuted , and silenced by the Parliament , and therefore little need to be said in it : and indeed Leagues , and Pacts are common amongst all other Nations , yet no man ever argued such a State is united to such a State as to such a particular war , or as to the attaining of some other particular purposes , therefore they are incorporated into one State , and united as to all other purposes whatsoever . This is ridiculous : sense , and experience is sufficient to explode it . And if the Scots plead further , that there is something extraordinary in this bond of the Covenant , which knits faster , and closer then all other bonds : proof will fail them herein : and yet if proof were not failing : their equality of interest with ours in England would not follow notwithstanding . For either the Covenant has reduced our two States and Dominions into one , or not . If it has not ; then the English mans interest is as intire , and remains as distinct from the Scochmans as it was before : confusion of properties is a thing as abhorred in policy , as a vacuity is in nature . But if both the governments by our Covenant adunation be compacted into one , and the same : then where is that one and the same supreme Tribunall , which is equally to determine all Nationall disputes , and may legally challenge submission from all aggrieved parties ? Should an Army be committed to 2. Generals , and the Commission specifie nothing concerning the partition of their Commands , and prevention of their rivalities , nothing but ruin could be expected . Therefore the very letter of the Covenant was so far from intending to take away all severality from us , that it clearly puts each Nations Liberties and rights amongst those other things , which it proposes to it self to save by this promised assistance of each Nation : ordring likewise this assistance , that no man should yeeld the same otherwise then in his severall place , and calling , and according to all our severall places , and interests . T is the more immodesty also in the Scots to arrogate to themselves an equall share in the rich Common-wealth of England , which the English never made any pretence to in the like barrener soil of Scotland . But if a moity of our English government in all cases whatsoever be not due to the Scots , as they are our brethren in Covenant with us , and equall parties in the same stipulation : yet in the next place we cannot deny them an equall share in the judgment of the Covenant , and all disputes about the same . If they be contractors with us , and by vertue of the same Contract are as well inabled to require performances of conditions from us , as they are obliged to perform conditions to us , it stands with all manner of equity and reason that they should have as great a latitude and freedom , as we , in determining what is to be performed on either part . We deny not to the Scots the same extent of judging in England , as to Covenant differences , which we claim in Scotland : this onely is denied by us : that either they are as properly Judges of matters in England , as they are in Scotland , or we in Scotland , as in England . This was the fallacy that should have blinded us , but there is no such great depth of sophistry in it . The States of England and Scotland are equally independent ▪ & the Covenant cannot grant to one equall a jurisdiction over another . So long as both Nations stand upon equality , and confesse no superiority to be in either : so long it is vain , injurious , and against the ends of the Covenant for one to passe sentence upon the other . T is vain , because the sentence has no operation at all , the party sentenced protests justly against it , and all third indifferent parties look indifferently upon the sentence and protestation . T is injurious ; because he that condemns his equall , does that to another , which he would not have another do to himself : and if there be no other superior Judge on earth , He intrud● into the chair of God himself . Lastly , t is against the Covenant , because the intent of the Covenant is to settle peace , and amity by offices of justice and humanity betwixt the Nations : whereas there can be no end of controversies and hostilities , when sentences shall be spoken against parties that are no inferiors , and that by parties that are no superiors . The Scots therefore in this have been exceedingly too blame , and there is no doubt but the ruine of the King , and all the late miseries of their own wasted Countrey have been derived from this strange insufferable arrogance of theirs . T is frequent with them to protest against the Parliament of England as no lawfull Authority ; to denounce against all the Souldery of England as Sectaries , Rebels , and regicides ; to upbraid all the Gentry , and Comminalty of England submitting to the present Government , as men that prostitute their consciences to a sinfull shamefull thraldome : to incite all the Presbyterians , and discontented persons in England to the kindling of new flames amongst us . And this is more then to invade a moity of the Legislative power of England , this is to seize all : this is more then to claim a jurisdiction in Covenant affairs , this is to in vas● all us totally in all cases whatsoever : this is more then to pronounce judgement against us at home in civill cases , this is to pursue us with fire , and sword , as well forrein , as domestick . Should our Nation now descend to the like outragious recriminations , or rather feminine altercations ▪ being first provoked , and having juster grounds , what an odious noise would this trouble all Europe with ? Well : but still there is something to be said for the Scots : if they may not call us to their own barre , as they are our fellow Covenanters , and as they are equally parties in so religious a League with us , yet there is another Bar to which they may cite us , there is still here upon earth a barre of common equity and reason ; and at this Bar●e the English are accountable for all their delinquencies against the Covenant . To this we agree , and shall appear a● is required by the citation . The late King some years before the eruption of these troubles had made many dangerous attempts against the purity of the Protestant Religion , and the Liberties of the Subjects in all the three Nations . Now in 1643. when Arms were taken up on all hands either for assisting , or opposing the King in those his designes against Religion , and Liberty : the Covenant was formed by that party which rose up against the King , and the main , primary use , it was formed , & intended for was to protect Religion , and Liberty against Him , and his adherents : The formers of it also at the same time took notice , that the cases of Religion , and Liberty could not be well separated , forasmuch as the King if He prevailed against the one , would more easily prevail against , the other . Religion was the richer Free-hold , but Liberty had the stronger fence to preserve it from the violence of intruders . It was likewise visible that Religion would make the people more zealous for Liberty , and Liberty would impower the people the better to defend Religion . besides , suppose the taking away of the people , and you suppose with all the taking away of Religion , and suppose the taking away of Liberty , and you do in a manner suppose the taking away of the people ; for the life of a bodie politick consists not in living , but in living free . The Covenant therefore primarily , and ultimately proposes to it self the safety and prosperity of the true Protestant Religion in the safety and Liberty of the three Nations , and the safety and Liberty of the three Nations in the safety and prosperity of the true Protestant Religion . All other Articles in the Covenant are but secondary , and subordinate hereunto : and they are to have respect from us not as they stand higher , or lower in order , but as they are more , or lesse serviceable to those higher purposes , for which they were at first ordained . Upon this ground , that branch in the Covenant which obliges us , to seek God in this sacred Ingagement by a speciall amendment of our lives , and reformation of our own private wayes : at such a time as this , merits the honor of the first place . And next hereunto worthily may succeed those 2. branches by which the Nations are so strictly confederated in peace , and amity : and by which all parties to this confederation have past their solemn Pacts to be assisting to each other , & bringing all opposites to condigne punishment . That branch which was inserted in favour of the King ( at that time the principal Enemy of the Covenant ) and for saving of his Prerogatives ( so desperately at that time disputed by the sword ) if it could challenge any place at all , could certainly challenge none but the last and lowest , how soever the Scots had ranged it , and do still propugn it . Nothing surely could more cloud the meaning of each part in the Covenant , or more pester , and perturbe the whole frame of it , then this insertion . The same Oath to God now binds us in one clause to pursue with fire , and sword all that are enemies to this Oath , and yet the grand enemy of this Oath by another clause in the same Oath , is preserved inviolable : nay that clause which preserves one Enemy , has a local preference before , that which pursues all . Hereupon if a Commission be taken from the King to destroy this Solemn League , He that takes it dies ignominously as a Traytor , but he that gives it , has that indemnity given by the Covenant , which his kingly office could not have given him . The very penning also of this Article leaves us very dubious , and perplext , how far the Kings royalty is saved to Him : for the saving is not absolute ; but refers to some thing in order above it : and that is the saving of Religion and Liberty ▪ Here therefore two new doubts meet with us to intangle us : 1. In what degree the King may be proceeded against , when in such a degree He indangers Religion , and Liberty : 2ly , how we shall exactly judge of these degrees , when our judgements are wholly left at liberty , without any limits , or marks set by the Covenant . The Scots have proceeded so far as to imprison the Kings person , and to sequester all his royall power , which is a temporary dethroning , and deposing ▪ because they suppose Religion , and Liberty was so far impugned by Him : but they suppose that from an imprisoned , sequestred King no further offence , or danger can arise : and therfore He ought not further to suffer . This is sufficiently erroneous : but this is not all yet , for they will not only thus expose Religion and Liberty to greater hazards in their own Countrey , but they will over-rule us with their errors , and inforce us to run the same hazards in our Countrey likewise : and this is more , we are sure , then the Covenant enforces us unto . And doubtles this is very hard . For besides that there is no Nation , nor scarce any individuall person in any Nation , who is not Judge of his own danger : in this case our judgement is wrested out of our hands , and resigned into theirs , who are the creators of our dangers , and have declared for , and thereby diverse times exasperated our greatest Enemy against us . In Novem. 1643. before the Covenant was consummated , the Lord Generall Essex moved in Parliament for the shortning of our war , that the King ( who perchance was then encouraged to prolong the same out of hope of impunity at last , in case his arms should miscarry ) might have a peremptory day set Him to come in , or else to know his danger : and this was consented to by both Houses , but obstructed by the Scoch Commissioners : what service was done to the King by this obstruction of the Scots , and divers other the like ambidextrous dealings , since that time , and how much longer the war was protracted by it , and how much mischief the same has at last drawn upon the Scots , as well as us , time has clearly enough demonstrated . And yet still , upon this the meanest , and most intricate article of the Covenant , they think they may break the unity , and peace of great Brittain against one of the most indisputable , fundamental tyes of the Covenant , and that onely to shew their zeal to an Anti-covenanter : which is a breach as indisputable , and fundamentall , as the former . The intrinsecall form of the Covenant binds one party to assist the other against a common enemy : it binds not one party to be assistent against the other : for how can that be call'd assistence , which is direct opposition ? Besides , it binds specially to assist against such an enemy , as is injurious to the others right , freedom , and property : and can the Scots perform this bond to us , when that which they call assistance to us , is opposition against us , even by taking away our right , freedome , and property ? for what right can remain to us , whilest we are subjected to their forces , what freedome , whilest we are to be judged by their discretion ? What property , when we have lost the independency of equals ? Certainly if we covenanted with the Scots as equall parties , we did not covenant with them , as superior Judges ; and if we had so covenanted with them , our covenanting by Oath with God had been superfluous , but we hope that will not be held superflous : and therefore we will not endeavour to assoil our selves before the Scots , we will onely in charity let them know , how we have hopes , to be assoiled before God . The change of Government in England , which could not be without the execution of the late King , and rejection of his posterity ( more then they could be without change of Government ) was urged upon us ( and God , before whom we plead , knows we had not long premeditated it before , nor imbraced it willingly at last ) by two unanswerable , irresistable arguments . The first was drawn from our duty to God : the second from the naturall , necessary care of our own preservation . The first argument pressed us hard , that what God had commanded could not be reversed by any act , or pact of man : that God had commanded us , to punish blood with blood in all persons whatsoever under the power , and force of our Laws : and therefore our Covenant could not exempt the King himself ▪ If it be said , that the King of England was above all Law ; that has been disputed by the sword these many years , and decided for us by signall victories : and the Scots have appeared as far upon that Triall , as we have done ; and after that triall , t is unequall for us to descend now , to any other . We prescribe nothing to other Nations , whose Kings have a Legislative power , and thereupon are solati Legibus , and have their very wils interpreted , and observed as Laws : nor do we censure such States as have Princes subject to Laws , yet use not rigor in all cases whatsoever . We are willing that every one should stand , or fall to his own Master . Onely , when immuring , sequestring , deposing , impoysoning of Princes has been very frequent in the world , that no Nation can be excused thereof at some time or other : this seems beyond admiration , that our judiciall , publick execution upon the late Charles should undergo an harsher censure then all these , meerly because it wanted not the due solemnities of Law , and Justice to attend it . May a Prince be reduced from his publick capacitie , and when He is made a private person shall he be treated so , as no private person may be treated ? Shall he be subjected to clandestine , unlawfull proceedings , belowe the right of a common person , because He was once more then a common person ? and shall either Jurists , or Statists that have any insight into the Laws of God , and Nations , stand for a secreted veiled justice , such as blushes , and dares not shew her face in open Court , yet passe neglects upon that justice , which as far abhors darknes ? and disdains the use of masks ? Our next argument was drawn from the hard necessity that was incumbent upon us for saving our selves from utter ruin . Divers times we had made humble addresses to the King for a cordiall pacification , the Lord knows our sincerity therin : and the Scots that are now our accusers were for divers years our witnesses in that behalf : but before 1646. the K : had too much confidence in his English , and Irish abettors , and so would not hearken . In the year , 1646. the Kings English Forces in England failing , we made new addresses at Newcastle , where the King was in the nature of a Prisoner : but we soon found at Newcastle that the Kings confidence was still supported there also by something that had been infused unto Him by the Scots , and so that hope prooved frustrate likewise . The dealing of the Scots herein was very close , the English that were in Commission with the Scots for governing the affairs of that Army in the Scotch Quarters , knew nothing by what invitation the King was drawn from Oxford thither , nor to what purpose Montreil the French Agent was there solicititing ; but when our Propositions were rejected , and that the Scots ( who joyned with us in tendring them ) began to dispute the Kings interests , & their own against us in other things : and that their learned mouth Louden professed against the rigour of our capitulations , in the same elaborate Oration to the King , wherein He so zealously laid open the necessity of them , we could not but discern a halting in that Nation : and that that halting had as strange an operation upon the King . The King thought now He had gotten as great a strength of Scots in the North , the same being likewise fain away from our strength , as He had lost of the English at Nasby , and in the West : and for our parts , had the Scots been gold-proof , we should have thought so too . The disposing of the King was the matter in question : the Scots were not desirous to take him into Scotland , nor would leave him in England : but being under our pay within our own territories , where we had publick persons in Commission with them : without the Parliaments or their Commissioners consents , they would be a guard to Him in England , till their Parliament at home were further satisfied . In the mean time after a long consuming war ended , England was constrained still to pay and maintain two Armies : the Scotch to prevent a new war if that were possible , the English to sustain a new war , if prevention proved unpossible : so that every moment was irksome to us , whilst the Kings pretentions was an occasion to draw so much treasure from our coffers , and it was as irksome to the King to see the Scotch arrears , or any thing else besides his pretentions brought into debate , but at last the Scotch arrears took place , and justled out the Kings matters ; for after a great sum agreed upon , the Scots quite contrary to the high expostulations of some of their Papers , thought it honorable to leave the King in England , and the English thought it as profitable to buy the Scots out of England . This probably might prepare the King for new Pacificatory addresses , partly by damping his hopes in the Scots , and partly by defeating the next privy applications of the Scots to Him : and partly by giving a better rellish of the English whose prisoner then He was , & yet had been treated very honorably ; but this would not do , new Propofitions were once and again sent , and denyed , and new assurances from the Scots were admitted , which procured thosy denyalls . Nay , after that Hamilton in 1648. Commission'd by the Parliament and Presbyterians in Scotland , had invaded us with 20000 men , and was beaten , and a new party of Kirkmen of a contrary party to Hamilton , had gotten the sway of the State into their hands , by the help of our forces who pursued the Hamiltonians beyond the Tweed ; the English still received further repulses . So vowedly inflexible was the King against all that could be tenderd by the English , though even when his condition was grown lowest , and the Parliaments Propositions not at all raysd higher , and so vowedly obstinate were the Scots , and all parties , and factions among them upon all changes of affairs whatsoever , to make all agreements of the English with the King , disadvantageous to their fellow Covenanters . Their voluminous Papers yet shew what they pretended to in disposing of the Kings person in England : what a negative voice in the Parliament of England they would assign to Him : what revenues , and signiorys out of the Court of Wards and elsewhere they would secure to Him : what power military , and judiciall they would intrust him with in England : and how all should be managed by the joynt advice and consent of Scotland . In summe , the King must again be more humbly sought to then ever : He must be discharged of imprisonment , received in pomp at London , to treat about what we had to propose : and his freedome must be such that He must sent for , and advice with what Delinquents He pleasde : if we granted the Scots this , we left our selves nothing : if we denyed , All Ireland was at the Kings devotion , all Ormonds , all Oneals adherents , all the old Irish , all the English Irish : all the Protestants , all the Papists were against us : we had then scarce three considerable Towns left in that Countrey : In Scotland all that Montrosse , all that Huntly , all that Hamilton , all that Arguile the Kirks Champion had any power in , even Jo : Cheesly himself to get a dubbing at the last hand was for the royall Cause : In England the Clergie had imbitterd the City , and the City had sharpned the Countrey against the Army , and against all that had not forgotten the first quarrel with the King . The Parliament it self had some leading men in it that had secretly capitulated with the King , and those false Leaders had many other ignorant followers that would beleeve no such matter . At such a time as this , when all forrein States desired , and contributed something to our ruin besides ; and the King had as free scope to sollicite and treat them as ever , and did make use of his time , especially to conclude with the Irish : what should the Army do ? to execute the King , and eradicate Monarchy , was to expose themselves to a thousand hazards , and extremities : to spare the King , and Monarchy , and submit to the Scoch Presbyterian faction , was to perish inevitably : to treat with the King brought them upon this perplexity : either they must propose things safe for the State , and then they had no hopes of prevailing : or they must propose things unsafe , which would be sinfull , dishonorable , and ruinous to them , as well as others in the end . I am confident England never travail'd with such sharp throes , or strugled through such gasping agonies since She was first a mother : and none but God could have given her such a deliverance . When the King was retrograde to his Trust , and with the swinge of his Train had swept all the chief luminaries out of our firmament : when the Clergie was generally disaffected , and with their doctrines had almost poysoned all the City , and almost half the Countrey , when the remaining part of the Parliament that had stoodout the brunt so long , and wetherd so many gusts became recreant at last , then did an Army inspirde with strange courage but stranger counsell from above , step in to save their sinking Countrey , over-powring all the windes , and waves that raged against them . The wonderfull dispensations of God bringing great matters to passe by such crosse meanes must be observed , and adored by all that are not aliens from Religion : and I doubt not but future Parliaments in future ages will be amazedly affected with them : but of all men we that now live , and see the effects of that critical time , and what a prospering posture we are now in , within so short a space , in England , Scotland , Ireland , and round about by the seconding mercies of God since , must needs most gratfully recent these things , except we have sold our selves to Atheism & rebellion against Heaven . The Chiliasts from hence and from the race ordering of all our commotions , since , 1640. & something before may assure themselves that Christ is to reign upon Earth , and that he ha's already taken the Scepter out of the greater Warriors and Counsellors hands of the earth into his own : For the hills are now plained , and the vallies are raised , and yet there is no humane hand appearing in it . Some men thinke all successe unworthy of all regard , as if there were no difference between the administrations of God in his Church in times of distresse , and his disposing of other mens ordinary affaires at other times : or as if Alexander , Hector , Caesar , had foyled their enemy by the same inward promptings as Joshua , David , and Judas Machabeus did : but this certainly is an irreligious error : for as there is a generall providence of God by which the course of all naturall things is steered : so there uses to be a speciall interposition of God in some things and is to be acknowledged , when his owne honour and interest is specially concerned : and this speciall interposition is sometimes of the finger of God , when the effects are lesse supernaturall ; but when the effects are more stupendious , and beyond reason ; the Scripture it selfe stiles this the making bare , and the stretching forth of Gods arme . They which are disaffected to the late egregious proceedings of God in the world will not , but they shall see , and owne this truth . But let us returne to the procedure of our affaires ; when the Army saw it selfe surrounded with so many dangers , and insulting enemies ; it began by some faintnesses , and carnall doubts to grow dangerous , and an enemy to it self ; it began to receive suggestions that the removing of a King and Kingly power was like to prove more unfeaseable , then to treat a King into reason . And this was likely to have proved the more banefull , because the King by speciall graces was as ready to draw them into this ambuscado as they were prone by their irresolutions , and diffidencies to run into it themselves ; for 't is thought all agreements with the King would have been short lived , but if any had been made with the Army , that would have bin but as Samsons wit hs , and ropes , which was the reason , That the King , upon whom Five Addresses of the Parliament had wrought nothing , seemed to lay the Armies Proposals , though little differing in substance , exceedingly to heart : Howsoever it pleased God at this low ebbe of things , when the Army was weakest , and most apt to be inveagled , and when the King was securest , and had most hopes to inveagle , to break off that Treaty , and then was brought on the last with the Parliament in the Isle of Wight ; which when it was likely to overturne all by accepting of the Kings Concessions ; then also did God make the Army his Instrument , in preventing that sad conclusion . The debate in Parliament after the returne of the Commissioners , was ; Whether the Kings Concessions at that Treaty had been such , as might make further applications hopefull , or no : and after a very long time ▪ spent , the affirmative was Voted . This Vote struck a true apprehension of an universall imminent danger into the Army ; for , now an accord with the King by the sense of the Parliament was to be hoped for , whereas in truth any accord ( besides an absolute submission of the King ) was sufficient to take away all hope ; for since the King unsubmitting , had no visible obstacle betwixt him , and his long , eagerly pursued ends , but the Army : and any accord was certaine to discard , or new form that Army , the security of all our Laws , and rights ; yea , and lives was solely to depend upon the Kings Honour : and what was honour in his sense , who was so principled , and who had now for diverse yeares waded through so much bloud , and exposed himself , and posterity to so certain a disinherison , only to be true to his principles , any ordinary man may determine ; Immediatly therfore after this Vote past , the Army saw no other remedy to prevent their eminent overthrow but to lay a hand of force upon the affirmative Voters in Parliament , and to bring the King to a tryall , which were done accordingly , and so both they prevail'd and we were preserved as to this day . Some say t was more Noble to trust the King too much , then too little : but these consider not that Trust is not always alike free ; in this case distrust could ruin but a few , and that by a legall course ; but Trust was likely to have ruin'd Millions , and the Laws to boot . Some of the Scotts say ; God was able to save Religion and Liberty in despight of the King : had he prov'd perfidious , and therefore if the King was not to be trusted , yet God was . These consider not that God holds himselfe tempted , not trusted , when we leave the use of ordinary hopefull meanes on Earth , and rely upon unprovmist succour from Heaven . Some say if the King was not to be trusted , yet the Army had no lawfull warrant to judge of him , and the Parliament , but these consider not that extream , eminent , and otherwise insuperable dangers give private persons ; yea , single private persons , an extraordinary warrant to defend themselves , and others : and this Warrant will be avowed by necessity , the exception , that all Law admits to be within the reach of no Law ; and the danger was here extream , because it concerned Life , Religion , Liberty , and all that could be endeared to man : it was likewise eminent , because another day might have prevented them by disbanding , or some other way . Lastly , it was otherwise insuperable ; for that there was no other Judge , or hand on Earth that could hear and relieve them . Others say still , the danger was not so existent or manifest to other men , as to the Army . Let it be considered by these ; 1 That Nature has entrusted to every man a speciall custody of his owne safety ; and there is none of us all , but would be loath that the same should be transferred to another mans care , viz. in cases extraordinary , where legall remedy cannot be had in a common way . 2 In matters of fact , where no full proof can be had , every mans judgement is to be lesse peremptory , and to take in as much of Charity as is possible . Whether the King would indeed have broken his Trust , or no : and whether the Army did falsly pretend such a fear , or no : neither of these is matter of Law , nor liable to any infallible proof , as to the fact : wherefore I may sin against charity if I passe my judgement against either , but I cannot sin , if I leave the judgement of both to God , and to waite for his determination . Some in favor of the King frame conjectures that He was probably very firme in performing because He was so slow , and circumspect in ingaging : and that if He had been lubricous or profuse of his faith , He would not have refused an accord with the Parliament so long upon what tearms soever . Others make use of contrary conjectures to a contrary purpose ; alleadging that 't was but art in the King to dally , and to trifle away some time with the English , to set the higher esteem upon his constancy , and make them the more assured of his performance : that He was absolutely secure of the Englishmens facility , and plain-dealing , and never made any doubt to be received at his own pleasure : that he was never to his last day void of other confidences , or destitute of other plots to compasse his designe by force , that for his fidelity , and the value he set upon promises ▪ and oaths , and the infinite subtilty he had to evade any ingagement whatsoever , scarce any forraign State or Prince in Europe was ignorant in that point . That scarce ever any just , or innocent man fell under the weight of such transcendent , unparraleld calamities . But I list not to leane upon such Reeds , as conjectures are ▪ t is enough for me to know that whatsoever man intends , or acts wickedly and perversly , God orders , and disposes rightly , and profitably ; may he so do for England , Scotland and Ireland , in all these late mutations . It remains now , that we cleer our selves in point of Church-Reformation : for having covenanted to reform in Doctrine , Discipline , &c. according to the word of God , and the patterns of the best Reformed Churches , we are bound ( as the Scots maintain ) to take our pattern from them , and that , we , as yet refuse to do . This is the grand , and most heynous charge the Scots have against us : and because we follow not the modell of Scotland , which they hold the best Reformed Church in Christendom , they seek to overwhelm us with a thousand calumnies , and labour to possesse the world that wee are nothing else but a Lerna of Heresies , and a sinck of all uncleannesse . To this we answer , 1. When wee are bound to reform according to the word of God , and the examples of the best Churches ; wee conceive the word of God signifies all , & the examples of other Churches signifie nothing at all ; for those are the best Churches that reform neerest to the word of God , and what Churches have neerest Reformed cannot be known but by the word of God it self , so that that instance might have been spared . 2. If it come to tryal by the word of God , whether the Scots Reformation be the best or no , the Scots therein can challenge no more priviledg of judging , then we or any other Church . When we were governed by Bishops , the Gospel of Christ was as purely delivered in England , and as heartily embraced by the English ( any being Judges besides the Scots ) as ever it was in Scotland : and shall it be said , that because wee have cast off Bishops , and thereby come some steps neerer to the Scots , our Doctrine remaining still the same without all innovation , shall it be said that our very approaches have ●●st us backward ? It will be required at their hands who are intrusted with the government of Christs Church , that his word and Ordinances be piously and duly dispensed : and it will be required at their hands who are governed , that the dispensation of Christs words and Ordinances be faithfully and sincerely entertained : but if the Governors rightly discharge their duty , and the governed fail of theirs , the Governors shall not answer for what they cannot help ; 't is God that gives the encrease , and does the saving , inward work : the Minister cannot go beyond planting , watering , and doing that which is the outward work . 'T is one thing therefore for the Scots to upbraid the Flock , and another thing to upbraid the Overseers of the Flock , and yet the Scots constantly take an advantage against us by confounding these two things . For the people of England , we must confesse they have been of late too much tainted with Heresies , and monstrous opinions : pudet hae● opprobria nobis , & dici potuisse , & non potuisse refelli : I hope all good men are grieved and humbled for it ; but let the Scots consider , 1. That growing of Tares in Gods Field , does not alwayes shew that the Husband-man sowed ill grain , the contrary rather is true : inasmuch as the more busie the good Husband-man is culturing and improving the Earth , the more sollicitous ever the Enemie is in casting in his malignant seeds , & the more readily eager he is to debosh & mar the crop . It was so with the Church of Christ in it's Infancy ; it was so under Constantine in it's maturity ; it was so in Luthers dayes , when it began to recover out of a long lethargy : and we must expect the like now , when our aces are set upon the last , and greatest calcination as ever the Church saw : as Reformation now in the ends of the world , when the chiefe mysteries of iniquity begin to be revealed , will most annoy Sathan , so Sathan will double his rage to annoy us accordingly . Hornius the Dutch-man , a great friend of the Scots , and who in favour of the Scotch Presbytery , has written a bitter Tract in Latine , to defame us in Germany ; after he has represented us as the most leprous , contaminated Nation in the world ; yet confesses withall , that to the prodigious revoltings of some amongst us , there is an answerable improvement of others in burning zeale , and shining sanctity . In Religion beauty and deformity are not inconsistent : those times often which have been most glorious for divine dispensations of knowledge and grace , have been likewise most deplorable for persecutions and apostacies ; and this has ever been a great stumbling block to carnall minds . If therefore the great Lyon range and roare , and ramp lesse in Scotland then in England , let not our Brethren boast of it , or think themselves the more safe . 2. Let not partiality blind the Scots ; Strangers think Scotland ha's as great cause of humiliation as England , if not greater . Iliacos intra muros peceatur , & extra ; It were more Christian-like in them , and lesse Pharisaicall , to aggravate their own sins , and extenuate other mens , then to extenuate their own sins , and aggravate other mens : and if they wil remit nothing at all of their rigour against us , yet let them not stuffe their long catalogues of Pseudodoxies with such wandring terms as Familisme , Erastianisme , Independentisme , &c. which taken improperly , may reach the best Saints of God , and are seldome used properly by any . 'T is a sad thing to offend Gods little ones , 't is a more sad thing to deprave many congregations of Gods most precious ones . 3. Whatsoever judgement the Scots will take upon them to passe against the people in England , yet let them not alway set upon the Magistrates , or Ministers account what they find reprovable in the people ; let them not call us fedifragous for not redressing things beyond us , and such as none can redresse besides God ; but this has been toucht upon already . Let us therefore see what is peculiarly objected to the present governing power in England . The Magistrate in England is charged to be an Enemie to Magistracy , a strange charge certainly . The very last answers we had this last Summer to our Declarations upon the march of our Army into Scotland , tell us from the Committee of Estates , and Commissioners of the Assembly , that our expedition into Scotland is to overturn Religion , and government Civill and Ecclesiasticall , and to set up amongst them the same vast toleration of Religion , as we have done in England . Now if this were true , the sins of the People would become the sins of the Magistrate , but what credite can this obtain in the world . As for the overturning of civill power , that is answered already ; we confesse a change of the Form , but we deny any overturning of the thing cal'd Government in England ; and wee hope our actions here , and in Ireland , and in other Forreign parts , yea , & our War in Scotland also will quit and essoyn us of anarchy and ere long make the Scots swalow downe their own untruths with open shame . As for the overturning Ecclesiasticall also , that may be as resolutely and justly denyed as the other ; for that lawfull power which was in Bishops before , is still in being ; and though we have not committed it so intirely unto Presbyteries and Assemblies , as the Scots would have us , to the dishonouring of our Common wealth ; yet we have preserved it from abolition and utter dissolution . The truth is , in pursuance of our Covenant , we have consulted with a Synod of Divines about the best method of Discipline : and they are not able to satisfie us , that the word of God ( the rule limited by the Covenant for our Reformation ) does invest any convention of Clergy-men , who claim to be the only due Representants of the Church , and immediate Vice-gerents of Christ , with supremacy of independent power in all causes Ecclesiasticall . The Pope claims no more in the pale of the Italian Church ; the Popish Cardinals and Bishops in Spain , France , &c. claim lesse ; and the Protestant Prelates , whom we lately ejected for Usurpers , never claimed halfe so much . Now the word of God is so farre from holding forth to us any such vast power in persons Ecclesiasticall ; that it's information is contrary , viz. That the Apostles and Disciples of our Saviour for many years after his death assumed no more Authority on earth then he assumed : that our Saviour plainly disclaimed all jurisdiction and dominion in this world : that by pract●se as well as precept , he quasht all rivality about power , or precedence amongst his own dearest followers . Besides , if any such spirituall supremacy were vested by divine right in any such Representants of the Church , and vicars of Christ : it were necessary that exact obedience in all things should bepayd them by all Inferiours : and if such obedience were due , it would be consequently necessary , that they should be free from errour , else the alleadged supremacy would serve to no great purpose : and we know God and nature produce not great matters , but for purposes as great . This made the Romish Hierarchists rationally assert an infallible spirit , when they had once asserted an ūlimitable power in the Church ; for where the Scripture is clear , there needs no soveraign Judg , every man is a sufficient Interpreter to himselfe : and where the Scripture is doubtfull , the doubt is to be cleared by something else of the same indisputable authority , or else that defect is not supplyed , no● can the same submission be demanded . Wherefore upon this account we say , that unlesse our supream Church Lords ( when they take us off from our own judgments , & cannot convince us by divine authority of cleer Scripture ) wil not convince us of some other divine authority in themselves of the same alloy as Scripture is for the inforcing of our acquiescence : they deale worse with us then the Pope does with his Vassals . Moreover that power in the Church , which Eclipses , and perturbes civill power cannot be supposed to be of Christs institution : but such is the power of the Clergy in Scotland many ways ; Ergo , For first clashings may be about what is purely a Civill case , and what is purely Ecclesiasticall , and all such clashings are exceeding dangerous . 2 Since there are very few cases that are not mixt , and as few mixt cases that are not unequally mixt : great questions may arise , to whether Tribunall the case shall be first refer'd when it is equally mixt ; and how the Tribunalls shall agree upon executing their decrees , where the case is unequally mixt , especially if the decrees be contrary , as they may be . In the year 1648. the Representative State of Scotland , Voted a war with England necessary : the Representative Kirk Voted the same unlawfull ; which contrary Votings might have confounded both , for if the war was necessary , the State might suffer much by the Churches seditious malediction : and if the war was unlawfull , yet the people having no more warrant to obey the Ecclesiasticall then Civill power in matters of that nature must needs be in a strange distraction , and that distraction at that time might have created ethquakes in the whole Nation . It should seem want of force in the party adhering to the Kirk preserved them at that time from a bloodie ingagement against the contrary party , which might have devoured , and swallowed up all . For as soon as Hamilton was defeated in England , the Kirk party got help from the English Army , and by force wrested the Government out of Lannericks hands : and then again had not Lannericks side been too weak , another flame might have been kindled , and perhaps have continued unquenched to this day . Now if the temporal sword be in part spirituall , and the cases of warre be held so equally mixt in Scotland , that both the supreme independent Councels claim an equall judgement in them , and do sometimes judge contrarily : and there can be yet no certain rule given for the reconciling of those contrarieties : it is manifest , that these two coordinate powers may be destructive to the people : and it is as manifest that no destructive institution can derive it self from God . Much more might be said of the encroachments of the Clergie upon the Laity in cases mixt , by pretending sometimes to an equality of interest in some cases , where the Laities ought to be greater : and pretending to all at other times , where the Laities interest ought to be equall : the Popish Clergie scarce ever used more jugling and trumperie in these affairs , then the Presbyterian Ministery now uses . In the stating of the present war in Scotland , the Kirkmen go hand in hand with the Committee of Estates , and in their Answers to our English Declarations they interpose in all points whatsoever , whether religious , politick , juridicall , or military : and whether they be points of Law , or matters of fact . But if a Minister preach sedition in a Pulpit , this appertains not to the secular Magistrate ; for though sedition be a secular busines , and sedition may be preacht by a Minister in a Pulpit , yet a Ministers Pulpit sedition is no matter for secular cognizance . Was the Laity ever worse bridled , when it was the Popes Asse ? But of this no more , I will onely touch briefly upon the end of all this spirituall coordination , and so shut up this point . The Clergie of Scotland have spoken great , and magnificent things of the use of their spirituall sword : and the principall allegation for it was , that without such a sword in the hands of the Kirk secular Princes , and Grandees could not be awed , and restrained in many enterprises , and crimes very dangerous to the Church . But who can imagine they ever beleeved themselves herein ? when in the processe of all our late wars , that very Kirk it self which told the King He was guilty of a deluge of blood , and had made himself , and his throne , and his posterity obnoxious to Gods high indignation thereby , yet never offered to strike with the weapon of excommunication all that while ? if there was any correcting , restraining , healing , recovering vertue in that weapon , why did they uncharitably forbear to use it ? why did they not pitie those multitudes of Innocents that perished daily under his fury ? why did they suffer the King himself to run on , and die in his persecutions ? And if their pretended weapon had really no such vertue in it , why do they brandish it so ludicrously onely to dazle our weak eyes ? The next Objection of the Scots is , that we have not onely sequestred a great part of Christs spirituall power , and detained it in Lay hands , but have also abused the same power ; tolerating thereby , and countenancing all manner of heresies , which is directly contrary to our covenanted Reformation . Our Answer is , that we are neither intensively , nor extensively lyable indeed to this objection . For , 1. all sects , and scandals are not permitted by us : nothing is more distant from truth , then this suggestion . All grosse sins , and seducers are supprest with as quick severity as ever : nay since the Norman Conquest there have not been so many sharp Laws made against Adultery , Swearing , blaspheming , Sabbath-breaking , and open prophanation , as have been made within these few yeers . All the remission , and relaxation that our Parliament has indulged of late is only towards tender Consciences , where men comport themselves civilly , and inoffensively towards their neighbours , and attempt to innovate nothing in the Church for perturbing of Religion ; and even in this also we havenot extended our indulgence so far as the united States of the Netherlands have , and divers other Protestant Princes in Germany . The truth is , we do not finde such danger in Erastianisme , Independentisme , Anabaptisme , Round-headisme , &c. as our rigid Presbyterians suspect : and this would not dislike the Presbyterians themselves , if they were men willing to do to others , as they are willing others should do to them ▪ for they themselves are sensible , that we can never desire more gentlenesse from them to us , then is now shewed by us to them . 2ly , That toleration which we are accused of , is but a non persecution in its most intensive degree : for we use all Christian means , besides force , to reduce such as wander , and divide from us : and we are far from cherishing schismes and broyls either in Church , or State . Our Saviours own parable allows us where weeds have gotten head , and are as numerous as the standing corn , rather to spare the weeds for the corns sake , then to indanger the corn for the weeds sake . Howsoever , it would be some charity in our traducers , if they would advisedly consider how the growth of our weeds came at first to be so rank amongst us : and thereupon joyn with us in humiliation for it , not exult over us in scorn , and derision . Upon the first defiance given by the King to the Parliament , half the Clergie at least fell away from this cause : and before that rent could be sowde up , there happened a second distance betwixt us , and the Scots partly upon a royal , and partly an Ecclesiasticall account , and that distance drew on as great a revolt of the Clergie as the former . And how can any man imagine , but that strange disorders must needs follow and abound in a Church so deserted ? When the dressers of the Vineyard do not onely quit their charge , but throw down the mounds , how can it be expected but that Bores and Foxes should break in ? And indeed the Parliament is still ill beset , for either they must deny preaching to the people , to three parts of foure , or else they must yeeld the Pulpits to their seditious Enemies : and to such as shall seek to wound the Magistrate through the souls of the people . This being the Parliaments hard case , it may better become the Scots , to whom may be attributed a great part of these disturbances , to afford some pitie , and help , then to adde miserie to our miserie . This is sufficient to plead for our indulgence , let us onely advise the Presbyterians not to take unjust offence thereat , or to stumble into the contrary extreme . T is wofull to see how rigidly the Ministers carrie themselves towards the poore people in many places , and what an absolute discretionarie power they challenge in many places over the ordinances of God . There are many Parishes in England where the people have not been admitted to the Sacrament of the Lords Supper , nor some Infants to the Sacrament of Baptisme for a long time . This deserves much bewailing ; for certainly God gave these rich Legacies to the diffusive body of his Church , for the spirituall comfort of the meanest servants of his , and not to that which cals it self his representative body , to be a trade , and monopolie for their advantage in this world . But I have done : if the world now finde cause to condemne us of dealing treacherously with the Covenant , and our fellow-Covenanters , in that we have not submitted to the Scots , and for their sakes disclaimed our own judgements and interests to gratifie the King , and the Presbyterian Clergie , with our perpetuall servility : let us fall under their condemnation . Or if the world can justifie the Scots as pursuers of that union , freedome , and fidelity which was aimed at in the Covenant , when they made themselves our Lords to give us Laws in our own Dominions , and when they did not onely raise sedition here in our own bowels , but came in with an Army of 20000. men to devour us : let them stand upright here , and injoy their wished Triumph . Our finall assurance , and comfort is , there sits a Judge in heaven , who can neither deceive , nor be deceived , a Judge that hears all appeals , made above , and does right at last to all that groane under oppression , and injustice belowe . Of the Scoch Warre . VVEe have seen how the Covenants waxen nose has been turned and moulded into many forms : wee see now cause to suspect , that 't was made so large at first , and compacted of such materials , that like the Grecian wooden Horse , it might tear our walls the wider upon its entrance , and discharge the more discords , and dissentions amongst us after its entrance was procured . We see it was intended by the honest party in England for cement to unite the Nations in a more arct , faithfull confederation , then ever our Ancestors knew : but the couching of it was obscure , and left liable to so many false glosses , that it soon became {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} . Our brotherly offices of Assistance soon degenerated into harsh expostulations : harsh expostulations begat secreet feudes , and secreet feudes heightned themselves into open hostilities . The question is only , when open war commenced betwixt these Nations , Whether the Scots first invaded us by their Duke Hamilton , above two years since , or whether the English first invaded Scotland this last summer under the command of the Lord Gen. Cromwell . For a year or two after reception of the Covenant in England , a good correspondence was kept betwixt us : the Scotch Commissioners sat in our Committee of Lords and Commons at Darby house , whereby they were admitted into the knowledge of our highest and secretest affaires , and had opportunity to frame parties amongst us for promoting of their own Interests . Out of these kindnesses sprung our first unkindnesses , for the more honour was given to the Scots , the more still they thought was due , and the more they thought was due , the worse use they made of all that was or could be given them . So all jealousies could not long be supprest , for in time some of our Lords and Commons saw cause to conceale some things concerning this State from them , and this was extreamly ill taken , and indeed no otherwise then if it had been a reall piece of injustice to the Kingdom of Scotland ; but moderation as yet kept both within reasonable bounds . Mr. A. Henderson was then living , and conversant in those businesses , and surely he was a man of an Apostolicall spirit , and though a great lover of his Countrey , yet He knowingly durst not interpose in an ill action , for his Countreys advantage : and I am perswaded He did very good offices and kept us from further jars during his life : and if He had lived longer , would have prevented much of what has hapned since , ▪ Besides , Presbytery the Scotch Clergies darling seemd plausible at first to the English , and soon grew indeared to our Synod , and for a good space it got such footing in England , that the Scots had no cause of dissatisfaction in that behalf . The King also the other darling of the Scotch Nation , till about the latter end of Summer 1645. prosperd so that He more slighted the Scots then He did us , and so about him , there was no great cause of animosities : and if any did appear , they were more easily to be digested ; But when the English Army under the Lord Gen. Fairfax had in one Summer defeated , and utterly broken two very great Armies of the Kings , and taken in divers other considerable Cities , and strengths without any help at all from the Scots , many emulous considerations began to breed strange alienations in the hearts of our brethren . The easie warfare of the Scots all this while had afforded them , besides good store of pay and plunder , an absolute signiory over the Northerne Counties ( our Northerne men tell us wofull stories till this day ) and now they saw that rich service , or rather absolute dominion was likely to come to an end , they thought sit to strengthen themselves in Berwick and Newcastle , and they got Carlile also by very foul play in spight of our Commissioners , as if they were resolved and certain to have a dispute with us . Likewise in 1646. when Oxford grew straitned , and unsafe to the King , and when it was visible also that Presbytery after so many years experience , did not altogether rellish with the English , the Scots presently resolved ( as was related before ) to expound the Covenant in favour of the King , at least for setling and securing their arrears , and making a commodious retreat out of England . Accordingly that Article which provided for the Kings interest , served their interest wel enough , and war so well commented upon by them , that it held us at a bay , till their contract was perfected , and then after a long dispute very chargeable to our Nation at the instance of an Army , and 200000 li. they delivered up Newcastle , Barwick and Carlile , and took time to study the Kings Article a little longer . In the year 1647. there was no notable businesse for the Souldier , England took a little breath , having nothing to do but to squench the few remainders of war , and Scotland kept at home to share the late gotten spoiles of England ; yet this year there past some new cajoleries betwixt the Scots and the King , and some contests betwixt the Scots , and us about the King : and no doubt , the next years action was now in forging , and all preparatory hammers were on working . And now enters the memorable year of 1648. a year never to be forgotten by the English , in regard of the unparralleld dangers that then overspread it , and the unspeakable mercies of God that then protected it . All the enemies of this poore Common-wealth were now in a solemn conjuration against it . In Ireland all was held past recovery : Ormond the Parliaments revolted servitor , was complying with the bloody Irish , and betraying his own Religion into the bargain to get some of their forces into England : in Wales , in Kent , in Essex , in Surrey , great bodies of men rose up , some upon the old Royall account , some upon a new , whilst many also of the Navy fell away from the Parliament to make the case the more desperate . No lesse then 40000 English did their endeavours this Summer to make way for Hamilton , from whom ( by good intelligence doubtles ) they expected 20000 Scots . Great was the goodness of God that all these confederates could not be in a readiness at one and the same time , and that all the Forreign Princes round about us which favoured them , could not be assistent to them that yeer : God had so ordained it , that the Welsh should be reduced before the Scots entred , or else our condition had been altogether hopelesse in the eye of reason . But to the Scoch businesse . The Solemn League , and Covenant was now brought under a new debate in the Parliament of Scotland : and the main matter in question was , how they could be absolved of that holy stipulation , if they did not imploy all their power to reform Religion , and to restore the King in England : and for the fuller agitation , and ventilation of this matter , severall grave harangues by persons affected severally were drest , and we may well imagine to what effect . Agent : of the Kirks party seeing the Parliament filled with so great a party of the Hamiltonians is supposed to begin . My Lords and Gentlemen : The Covenant presses us all to endeavour the reformation of Religion , and the restauration of the King in England by a brotherly way of Assistance in our severall places , and callings : and so , as that these ends of the Covenant , may stand , and agree with all the rest . But withall , it behoves us to use a great deal of caution ▪ and circumspection in a matter of so high importance , wherein the honour of God , and good of the Nations is so religiously involved , not to be mistaken either in the mark we all shoot at , or in the arrows we are to shoot . As for the point of Religion I am perswaded , it wants reformation in England , and I beleeve I dissent not therein from any here : but this scruple sticks by me : I doubt whether I am so properly a Judge in England of Religion , as I am in Scotland , and if I am not ; then I fear I step out of my place , and calling , whilest I take upon me there to reform by force , which sure the Covenant requires not , but excludes in expresse terms . The account of my scruples I give thus : first , if we are now judges of matters Ecclesiasticall in England . we are so constituted by the Covenant , for before the Covenant we pretended to no uch thing and in the Covenan● it self , I finde no such constituting words . 2ly . if the Covenant creates us Judges in cases Eccles : it creates us the same in all other things civil , military , and judiciall : for all the interests of the King , and Subjects in Parliament : and out of Parliament : are inclosed within the verge of the Covenant : and yet no man here supposes himself bound by any words of the Covenant to look after the whole administration of justice , and the whole managery of the government in England or els to stand answerable for all abuses whatsoever , that are not there redressed . 3ly . If the Covenant give us a power so large in England , it must by the same reason give the Eng : the same in Scotland : for the bonds are equall , and reciprocall : and so here are discords raised betwixt us , contrary to the principall drift of the Covenant , such as never can be pacified : the sword it self can never give any decision in the busines : victory may take away equallity betwixt . 2. brethren : but meer victory can never take away the true right of equallity . 4ly . The Covenant injoynes us precisely to assist one another in reforming , now the word assistence intimates a concurrence with the party covenanting against some joynt opposer , it cannot be forced to intimate any violence against the party covenanting . 5ly , Not onely the tenor of the whole Covenant , but also the particular clear purport of the fifth Article in the Covenant mainly intends to tye a firmer , closer knot of union , and conjunction betwixt the Nations , then ever was before : and therefore to rescinde a knot so manifest upon expositions , and glosses of things not manifest seems to me to be a wilfull violation of the Covenant . As to the other point about the Kings inlargement : much may be resumed of what I said before against our judging in England : but I forbear that : the scruples that here suggest themselves to me are these . 1. If the Kings liberty may not be restrained , then neither any other of his royall prerogatives , honours , and powers : and yet we our selves hold all these here under sequestration , and for divers yeares of late , we have entred upon , and administred the whole royal● Office ourselves : shall we then maintaine , that the K : has a right to that in England , to which He has no right in Scotland . 2ly , If the K : has a right now to his Liberty being amongst the English : it will follow upon the same reason that He had a right to the same , two years since when he was in our Quarters at New●rk , and Newcastle : yet all men will s●● : amongst us He had no command at all , but was under such a guard , as had a strict charge of his person , and were as rigorously answerable for the same , as any Jaolers whatsoever . Besides , all men know He was by us delivered up to the English against his will : and that upon contract ▪ and valuable considerations : and that we could not have justified , if we had thought he was at full liberty , and could not be thereof abridged . Thirdly . A speciall● Article in our Covenant obliges us to bring all enemies of the Covenant to condigne punishment : and we do punish daily capitally such of the Kings adherents as have offended against us by his Commissions , and shall we think that death is due to the Actor , and instrument , when imprisonment is not due to the Author and principall ? Fourthly . If we dispute not about the Kings imprisonment , but as it is such ; that is , as he is imprison'd by the Souldiery in England without consent of the Parliament there : then do we take upon us to vindicate the consent of that Parliament , without consent of that Parliament : And since we hear not that there is any change of the Kings restraint , save onely of the persons under whom he is restrained , nor do the Parliament in England think fit to use force , nor to desire our assistance therein , I doubt if we should obtrude our force therin without any call , we should offend against another proviso in the Covenant , by intrenching upon the Parliaments priviledge there , and by invading the Subjects property likewise , which the charge of this war must necessarily draw after it . These things deserve a sober deliberation before we resolve upon the justice of this war : but then the justice being cleered , yet I conceave we are bound to all mankind , much more Christians and brethren in Covenant , to give what evidence we can of the justice of our cause , that if possible they may be convinced , and do right before bloud be shed . And since the Parliament of England , upon reports of our preparations ha's dispatcht Commissioners hither to treat about all points in difference , and we specially by Treaty were held to send the like to them , and after all to give three months previous warning , before we could have recourse to the Sword : I hope no man here will offer any thing against a Treaty with the English Commissioners , that satisfaction before blood may be either given , or taken : and if not , yet the due space of warning may be observed ; if we should faile herein , I fear we should proclaim our selves to the world abusive simulatory pretenders of the Covenant , only to prophane the high Gods Name to whom we have all lifted up our false hands . Next , since the English in observance of their faith to us , ingaged freely for our better assurance in them , have left their Frontire Towns Berwick and Carlisle ungarrison'd , notwithstanding the notice they have of our present posture : I hope we shall scorne to make their plain dealing with us a ●nare to themselves ; and thinke to chastise their fidelity with our infidelity , at such a time as this is , when we wage war with holy thoughts , and only for religious purposes . And lastly , since we are to engage out of pure conscience to the ends of the Covenant , one whereof is to bring all enemies of the same Covenant to a legall triall , I hope we shall not receive Langdale , and the rest of the English Fugitives , whose Swords have drawne much bloud of Covenanters to fight under our Covenanters banners . This will convince us of insincerity before men , this will provoke the eyes of Gods jealousie against us in the day of Battail ; God must be served justly , as wel as in just actions , and when bloud is the meane , and holinesse the end , God uses to be more jealous , and expects more exactnesse then ordina●ily : Oh let not any occasion be given by a Parliament of Scotland to lay stumbling blocks before others ; let not the world say we wrest the Covenant to what sence we please , and use it as the Papist do the word of God : the case is of grand consequence , it may concerne us and our posterity for ever , I pray let it be throughly scand and sifted . Hereunto a Gentleman of Hamiltons party may be supposed to answer : My Lords and Gentlemen , YOu have heard it granted , that Religion in England wants Reformation , and that the King ought to be set free from his forced durance under the Souldier : you have heard likewise granted , that our Solemn League and Covenant requires these things to be done : but divers scruples have been cast in withall , about the manner of doing these things , in regard that a juste is required , as well as a justum . The main thing is , that we are not qualified by the Covenant to do these honorable things in England : Alas , if the Covenant does not add any new qualification to us to serve Religion , and our King : I hope no man will suspect that it takes away any such qualification from us as we had before : And I hope ther 's no man here but thinks before any Covenant taken he had a warrant and capacity good enough to do honorable service to his Religion , and his native Prince : Let me speak plainly , and bluntly , I doubt these scruples do not arise against us , as we are Scotch men , and so have no power of judging in England , but rather as we are of such a party in Scotland , that the Kirk dares not confide in us : & this is lamentable halting before God . Let us not therfore be driven into any unmanly irresolution by logicall niciti●s , and School-puntilioes : let us beleeve that such just ends as we aime at inservingour God and Prince have just avenues belonging to them , and that God ha's not hedgd in , or inscons'd goodnesse from the approaches of men , as he did once the Tree of Life . My Lord , and Gentlemen : shall pure reformed Religion want an Advocate in this presence ? no : it were labour lost here to recommend the excellencies of her ; you all are confident you cannot , but be certaine that God hath rather sent a Cherubim to invite and wast you to her assistance in England , then to affright you and drive you from her embraces with a flaming Sword . Then , as for the King , you have a greater interest in him then the English have , and he ought to have a greater interest in you , then he has in the English : Let me tell you if you should prove oblivious of his favours , he might upraid divers of you with your Fields and Vineyards , as Saul did once his Benjamites . Do we not all know , that his graces towards us ha's made him the lesse acceptable to the English ? and does not the whole world taxe us of our ill requitall at Newcastle ? I speake of that in your ears : what can be said then , either we must requite him better , and acquit our selves better now , or all generations to come will call us ungratefull and unjust ; and for my part I cannot ever construe the Covenant as that it intends to render us ungratefull or unjust . T is true the enterprise we goe upon must cost blood , and fall heavie upon some of our fellow Covenanters in England : it were else impossible almost , it should be great and honorable : let this be our comfort : the work is great , and honorable , and being so it must be acceptable to God : and that which God accepts cannot but be fea●able : for Qui dat finem , dat media ▪ Let the justice of this war fix our resolutions upon the pursuance of it , and when we are upon its pursuance , let us pursue it wisely , and strenuously as becomes Souldiers : let no scruples defraud us of the opportunities and advantages that attendit , for such in war are irrecoverable & pretious : to be brief , let us not be held up with Treaties by the English Commissioners , let us not wave Langdale , nor leave Berwick and Carlisle to the Enemy : when we are in peace let the laws of peace order us when we are in war , let the Maxims of war sway &c. the rather for that advantage lost in peace may be regained , but an error committed in war can never be redeemed . The next Gentleman was of a different opinion from either of these , and you may suppose his Oratory was as followeth . My Lords and Gentlemen . YOu have heard how much may be said for a present war with England , and how much may be said against it : you have heard in what extreams the arguments both of a meer Souldier , and a meer Scholler run , and now having heard both , and compar'd both , you may the better extract out of both that which is truly counsellable at this present , and that doubtlesse , teaches warily to decline both extreams : The Gentleman that spake last maintained well the justice and necessity of the worke that is to be done : such a service to God and the King cannot but be just and necessary ; and our Covenant cannot obstruct any thing that is of it self just and necessary ; therefore to oppose our Covenant against this war , is to undervalue our Covenant , and to entangle our selves in such nicities as are more fit for the Schools , then this Senate . On the other side the Gentleman that spoke first interposed some necessary advertisements about the manner of our prosecuting this high undertaking , not fit to be neglected , for doubtlesse it concerns Gods honor , the safety of the King , and the perpetuall peace and safety of these Nations , that this affair be wisely managed , as well as it is religiously intended . We all know that the taking of some advantages in war , if they be at too far a distance with Religion , may prove our disadvantages : and so the parting with some opportunities in some cases , may be a gayn of better to us ; hast ha's overthrowne some undertakings , as well as delay others . Wherefore I desire leave to counterpoise with a little moderation , that which hath been pressed by both the Gentlemen that spoke before me . And First t is my humble motion , that the Kirk here may have all possible satisfaction given them in the forming , and heading of this Army , and in the conduct , and steering of the great designe ; forasmuch as without this condiscention we cannot expect their concurrence , and without their concurrence , we cannot expect that readinesse , or confidence in our Friends at home , nor that stupidity & consternation in our enemies abroad , as is to be desired . Secondly , That if wee admit not the English Commissioners to treate , and then allow three moneths warning after the end of that Treaty : yet we may instantly dispatch away an Expresse to the Parliament of England with particular demands , and a cleere denunciation of warre within a moneth , if those particulars be not instantly agreed to . Thirdly , That some reasonable space before wee march a Declaration may be emitted to satisfie our Friends in England with our sincere intentions towards them : and that the buisines of the Kirke being setled , and the King reinthroned , wee have no intention to intrench upon the priviledges of the Parliament there , or to breake that bond of confederation and union that was intended to be confirmed by the Covenant . Fourthly , That Langdale may be countenanced at a distance , and with much reservation , and that no other use may be openly made of Him , then of a Forlorne Hope to seize the English frontire Garrisons for our use , and to ingage upon other the like hazardous services . How well these things are calculated for the Meridian of Edenburgh , I leave every man to guesse freely : but this is certain , there were few in the Scotch Parliament , who gave their judgements the first way : many went the second way : and all went the third way , except onely in complying with the Kirke : and if there be any credit to be given to Hamilton , who affirm'd it religiously at the time of his arraignment in England , the Kirkes party refused to comply with Him , and his party , more out of emulations , and particular State-animosities , then out of any dislike of the cause , or condemnation of the undertaking . And time ha's since made this more manifest , for even the Commissioners of the Kirke in their Declarations since , and by their ingaging against us with their yong declared King , have even by the Covenant , and the same constructions of it , owned every part of the quarrell against us , which they condemned in Hamilton , setting only aside his entring upon us without three moneths previous warning , well : The Scotch Parliament having sufficiently Commission'd Hamilton for his March into England , rose without any audience , or intercourse granted to our Commissioners . Hamilton being so Commission'd , makes present use of Langdale , and his Train , speeds away with 20000. men for England , seizes Barwick and Carlile , commits infinite barbarous cruelties , and destructions in the foure Northerne Counties , before previous warning given according to our Treaties , but within some few weeks fights with the Lievtenant-Generall Cromwell in Lancashire , is taken prisoner , se●s his Army defeated , and the remainders of it chased back into Scotland . Out of this matter of fact so stated , a dispute now arises , whether this hostile action of Hamilton , that was then chargeable upon the Parliament of Scotland , be still justly to be answerd and accounted for to the State of England , by the present State of Scotland . The Scots deny it upon these grounds . For their first evasion , they say , the good party that now governs is not the same , as the party was , that then governed . Whereby they would have us understand , that the State of Scotland is changed since , 1648. and does not remaine the same as it was at that time , and therefore ought not to be responsal for what was then done . After the Committee of Estates , and the Kirk-Commissioners have condemned Hamiltons invasion without antecedent warning , and his other miscarriages in taking Barwick and Carlile , &c. and confest that nothing can be offerd in excuse thereof : they yet adde , that never any people in the world in a time of defection did more evidence their freedome from guilt ; then They ( they meane the party now governing ) did . Here is a defection confest in a Parliament lawfully chosen , and in the major part of the people adhaering to that Parliament : but there was a remnant of good people which at that time evidenced their freedome from that guilt , and that remnant since by force , and assistance of the English Army , ha's gotten power into their hands , and therefore the Magistrate that is now , is not guilty of that defection , nor consequently the State of Scotland liable to make any reparation . This evasion must be thus stopt up . 1. In all States where there is a Representative , the publick act of that Representative , or of its major part , bindes all , and every person . And though the next Representative may repeale Laws formerly made , and recede at pleasure from what its predecess●rs acted erroneously , or temporarily : and these new repeals , and recessions shall be binding to all persons therein represented : yet even these alterations also must be without fraud , Salv● semper jure Tertij : they must be without any prejudice to ●orrein States , and persons there not represented . Nay , if the State of England passe an Interest in Land to a Subject of England upon a good consideration and contract , that act shal be binding perpetually , and may not under favour be avoyded by a New Representative , because that avoydance will appeare fraudulent in the State : and because such avoydance is to the damage of one that is as it were a third person , and contracts with the State upon equall terms ; and it seemes , that a speciall consent is necessary in such a case of his disinherison , and that his generall consent given by his Representatiues ought not to divest him . And if it be here objected , that the constitution of the State of Scotland is different from other States , inasmuch , as it consists of two Representatives , one civil and the other ecclesiasticall ; and in this ingagement of Hamilton the ecclesiasticall Representative did not act , nor concurre , but dissent , and protest against it , and so made the civil act the lesse authoritative . We answer ; First , the ecclesiasticall Representative of Scotland ha's no power but in cases meerly ecclesiasticall , such as this was in 1648. was not . Secondly , if the Scots will tell us , that Hamiltons action , and case was in ordine ad spiritualia : wee must not suffer such collusion to be turnd to our prejudice . The State of Scotland must not thinke it sufficient to stroke us in their spirituall capacity , whilst they strike us in their temporal capacity : the duplicity of their Powers must not justifie , or excuse duplicity in their dealings : when wee sustaine publick injuries , whether it be from a jurisdiction Parliamentary , or Synodical , the whole State of Scotland must be answerable for satisfaction . Thirdly , if the Ingagement of Hamilton was the lesse valid in Law ( if we did grant this , as we doe not ) because all that feared the Lord in the Land did petition , and pray against it , and expose themselves to some persecution for not complying with it , yet this does not render the same ingagement the lesse mischievous to us . There was not one drop of English bloud the lesse shed then , nor is there one drop the lesse to be accounted for now . Fourthly , wee are not without some strong presumptions , that the small number of the religious party in Scotland , which were enemies to the Ingagement then , were not so much enemies to it as it was mischievous to us , or unjust in it selfe , as because it promoted Hamiltons●action too high , and had an ill aspect upon their owne particular interest in Scotland . Else , what makes them so zealous against our receiving of right now , which pretend they were so zealous against our receiving of wrong then ? It seemes strange to us , that the English which had never a Friend in Scotland two yeares since to warde one blow from their throats , or to do any real act of resistance to Hamilton , should now finde never an Enemy in Scotland , obnoxious to their challenge of satisfaction : and that the same men should be the most forward to debarre us of reparation now , which were then most forward to protest against our suffrings . Secondly , where two Representatives have been legally chosen , if it be not honorable for the later to anull the formers act in prejudice of a third person that ha's right : much lesse honorable is it for a Representative brought in by the sword to derogate from the acts of a former Representative , that had a faire , and free election from the people . Wherefore , let the present power in Scotland apply this to themselves : and the rather for that they complain of forcible alterations amongst us , onely upon pretended discommodities to our selves , whilst they themselves make use of forcible alterations amongst themselves , to the defrauding of their neighbours . Thirdly , Admit the Parliament , by which Hamilton was Commission'd , was an unjust Parliament ; admit it was no Parliament at all ; and admit that Hamilton with a lesse party , and without any Commission at all had broke in upon us in a hostile manner : yet even this would not leave the English altogether remediles ; for in this case upon a just demand of satisfaction made by the English , the Scots must disowne the act , and see the outrage legally expiated upon the actors ; or else they owne it themselves , and so become as obnoxious as the actors . That which was the sin of one Towne in Benjamin at first , became the sin of the whole Tribe of Benjamin afterwards ; and doubtlesse , that which was the sin of one Tribe in Israel at first , had become the sin of all Israel at last , if justice had not been lawfully executed ; Let the Scots look upon this with sad eyes , for that blood of the English shed by Hamilton , which is now the guilt of a party only in Scotland , upon the deniall of just ice , may be made the guilt of all Scotland . The second evasion of the Scots is this ; They say , if they were persons challengeable of satisfaction , yet they that sit now in the Parliament of England , are not persons , that can duly challenge , or require satisfaction : It should seeme as Scotland before was not to be found in Scotland ; so England is now not to be found in England : so hard a matter it is to get right from them that can thus easily transforme , and deforme whole Nationall bodies . The meaning is , Government in England has been of late changed ; two of the Estates in Parliament are removed by force , and the third Estate usurpes , what was due to all : wherefore as they cannot treate with us about satisfaction , but they must acknowledge us a lawfull authority ; so conscience forbids them to acknowledge our authority lawfull . To this wee answer . 1. The change of rule in a Nation , does not change the Nation ; forasmuch as the manner of rule is changeable , and accidentall , and so does not give beeing , or support the essence of a State . If wee in England beeing a Monarchy owe three Millions to the Hollander , the change of Monarchy in England will not exempt us from , our obligation : and if we in England , beeing a Democracy , have three Millions due from the Hollander , our returne to Monarchy will not denude us of our remedie . The devastations and hostilities of Hamilton were suffred by the English Nation , and the Parliament of England demands justice , and restitution for the same in behalfe of the English Nation : now 't is not agreeable to justice , or reason , that a slight exception taken against the substitute , should disable the Principal , or any incapacity of the demandant redound to the prejudice of him which is the true Interessent . Secondly , If the usurpation of the Parliament of England shall bar the State of England from its due course of justice , yet how does it appeare to the Scots , that the power of our Parliament is an usurp't power ? If God or Man ha's given them any warrant to judge of our actions , and affaires in England , let them shew it : for without some such warrant they are but our Equalls : and one equall ha's no power of judging another . If they plead any undeniable principle in nature which condemnes all alteration of Government as unlawfull : and all extrusion of Governours as usurpation , and of this Maxime , they say , all men are equally Judges ; then how will they justifie their extrusion of Lannerick , and their new moulding of their Committee of Estates after the defeature of Hamilton , which without armes , and our assistance they could not have compast ? Is that a naturall , indispensible principle in England , which is not so in Scotland ? Away with such partiall shifts ; let the Scots shew us that Nation under Heaven that ha's not severall times been driven to mutations of Governments , and Governours , and been at last justified therein by the plea of necessity , and common safety : and wee shall confesse their Lordly power over us . Thirdly , If the Scots be our Lords , and will give judgement against us in this case , yet they must know , that wee are now upon our appeal before almighty God , and have accordingly taken Armes into our hands for the prosecution of that appeal . And does not one of the primary Lawes of Warre teach them what a hazard it is to deny right to him that beares his ●aked sword in his hand ? Arma Tenenti — Omnia dat qui justa negat . Will the Scots lay an incapacity of Treating upon us first , and then of fighting afterwards . The difference now betwixt us is , whether wee have justly enterd Scotland , or no , to seeke redresse of many injuries , and depredations by tryall of battaile , which was denide us by debate in a friendly intercourse : and doe the Scots thinke now to argue us out of our armes ? doe they think , that the same condemnations of our usurp't power , by which they insulted over us , when wee sought a Treaty , will be seasonable now , when the cause is preferd to a higher Court ? This were to cut us off from all remedie whatsoever ; this were to detrude us below the miserablest of men ; this is beyond all ordinary strains of Tyranny : There is no Client , nor Subject , nor slave whatsoever , but by way of his last appeale , may repell force with force , when his case is beyond all other decision : and this is held no more then a making an humble addresse to Heaven , or laying the cause before the Lord of Hosts his Footstoole : Will the Scots then which have droven us their equalls to this , last resort , prejudge and foreclude us in this also , and so make us worse them the worst of inferiors ? Certainly , if we may not treate before wee confesse our selves usurpers , wee may fight till God declares us to bee so ; or that our enemies have usup't over us . The third advantage or exception of the Scots against our demands of satisfaction ▪ is taken from the space of time that interlapsed betwixt the overthrow of Hamilton , and our solemne denouncing against them for that hostilitie : as also from some reciprocall kindnesses , and testimonies of accord and pacification , which past betwixt the Nations in the mean while . Of both these I shall now give this faithfull account . The victory of of L : G : Cromwell against the Scots was about the latter end of Summer , 1648 : and our Forces following that chase stayed in Scotland till about Mid-winter following . During the stay of our Army in Scotland a good understanding was betwixt us , and the Kirk party there , for we had both the same ends against the Hamiltonians , and so whilest we extorted the sword out of Lannericks hands , and put it into Arguiles , we did our own businesse and the Kirks too , and the Kirks more immediately then our own . Howbeit a Treaty was now begun in the Isle of Wight with the King , where the Scoch Commissioners appeared great sticklers for the King to our Nations great dis-service , and this gave us some glimpse , that even in the Kirk party , restored so lately to power by our means , all was not so sound , and sincere , as it ought to be . The Treaty not succeeding about the last of Januar : the King was brought to the block : and then the insolencies of the Scoch Commissioners , and their haughty intrusions into the managery of our English State affairs , and their despicable subjecting of our Parliament to their over-ruling wils , grew so intolerable , that upon the 17. of Febr : the Parliament declared publickly against them . This begat another Paper from the Commissioners dated the 24. following more imperious , and controuling then formerly , and this was presently after voted a designe in the contrivers of it to raise sedition , that so under specious pretences they might gain advantage to second their late perfidious invasion . The 6. of March following , the State of Scotland wrote a Letter to us ( as they now inform us ) to avow their Commissioners last Paper , and withall disallowing our construction of it , for that they judged it no incroachment upon our Government , nor any indeavour to raise sedition . They likewise signified in the same , that if any prevalent party in either Kingdom had , or might break the bonds of Union , yet those sacred tyes ought not to be layed aside or cancell'd , but preserved for the benefit of such as were innocent in both Nations . The Scoch Commissioners to whom this Letter was sent for delivery of it were now upon their return for Scotland , and so the same never came to our hands , though the Scots untruly tax us of suppressing it . But why should they suspect any designe in us of suppressing this Letter ? The Letter , if we had received it , would not have healed our grievances , it would rather have made the wounds wider : for the Scots Commissioners had charged us of Treason , perjury , usurpation , &c. for doing those things within our own government , which were required at our hands by justice , and Reason of State : now their principals in Scotland tell us that this charge is true : but being true : it molests not , it shakes not , it justles not us out of any part of our power , nor stirs the people at all against us . What is this but to tell us ; that they are more truly Judges in England of Treason , perjurie , usurpation , &c. then we ? that 't was not injurious in them to condemne us , nor seditious in the people to rise up against us in observance of their commands ? Sometimes they pretend they aime at nothing beyond a simple protesting against us , and that a freedome of Protesting is due to all men : but this is meerly to delude , and infect the people the more : for t is evident to all men , that such Protestations as their Papers have exhibited , have ever been fraighted with the worst of calumnies , the severest of sentences , and have been received by the people , as warlike defiances . In this case therefore when so many insurrections , and broils have been actually bred against us in our own bowels , and so dangerously seconded by forrein Forces , we call in all men to be Judges betwixt us , whether we may not more justly cast out Protestations when they do but palliate seditious conspiracies , then to submit to seditious conspiracies , because they cover themselves with the names of Protestations . This Letter miscarrying , and our Parliament having waited awhile for some other return by some Expresse , or other , in May following , about nine months after the Scoch Rout , a complanatory Letter was sent from hence about divers grievances in generall , and satisfaction was therein desired by Treaty in a peaceable way . An Answer hereunto came in June following , recomplaining that the Scots justly found themselves aggrieved at the late proceedings in England , in reference to Religion , taking away the Kings life , and change of fundamentall Government , which they had protested against . That in case the English would disclaim their late proceedings against Covenant and Treaties , they were contented to authorise Commissioners for a Treaty . Otherwise they were resolved to keep themselves free from all complyance with malignants on the one hand , and the Enemies of Kingly Government , on the other . That in regard of the Covenant , the Treaties , and many Declarations of both Kingdoms , they could not acknowledge that to be a Parliament , from whom the last Proposition came to them about a Treatie to be appointed . Here was a flat deniall of any satisfaction , by declining all means of treating about the same : Here was a reason given of that deniall , as full of enmity and hostility as could be : instead of making any compensation due to the State of England for the bloodshed , and rapine of Hamilton , here was a strange coacervation and accumulation of new ●landers , and defamations upon the Parliament of England . Letters from the Parliament are now as it were interdicted , no such subscription is to be admitted , hereupon in July following , our Parliament issued forth a Declaration for the better stating of these matters ▪ the endeavour of that Declaration was to remove yet all Nationall misunderstanding i● possible : and to demonstrate that the English yet had not laid aside all thoughts of peace : but concluding that if still they were diverted out of the wayes of peace unwillingly , the fault was not theirs . This Declaration was made as publick , as ever any was in England , and we have thousands here of the Scotch Nation disaffected enough to us ▪ and ten thousands of English Presbyterians besides more imbittered then the Scoch , and all these can attestate the evulgation of this Declaration , yet the Scots call it a Dormant Declaration , and most dis-ingenuously would infuse it into the people that they had never , nor could have any notice of it . A Letter of theirs to us in the hands of a single Messenger could not be intercepted : but a Manifest of ours Printed , and intitled to the whole world must needs miscarry , and that by our collusion . Some reply was expected by us to the matter of this Declaration , and some months past away hanging our expectation : but none came : the first news we heard was that about the middle of March following there was a Treaty agreed on to be at Bredah betwixt the Scots , and their yong declared King : and that the principall Subject of that Treaty , was about the pretensions of the yong King to England , and the quarrels of the Scots against England . This to us , that had so little hopes of reconcilement before , was a sufficient alarme , and upon this our L : Generall Cromwell was sent for out of Ireland , all warlick preparations were made ready , and our Army this last Summer , ( as soon as we got notice of the agreement made at Bredah , and how far it concerned the life of this Common-wealth ) made its entrance into Scotland . This relation gives the true procedure of all memorable matters betwixt Summer 1648. and Summer 1650. with the reasons of the slow motions of the English : and amongst them all whether there was any composure made betwixt the Nations for Hamiltons●aedifradous irruption , either by satisfaction given , on the one side , and taken , or confest by the other , t is left to judgement . But the Scots alledge still , that immediately after the breaking of Hamilton in England , and the dis-arming of his brother in Scotland , there were given divers clear demonstrations of amity , and good accord betwixt the Nations : Letters will yet testifie , that the godly party in Scotland satisfied the English in their innocency , and that the English did accept of the same , as good satisfaction . For example : in Septemb : and Octob : the L : Generall Cromwell wrote in behalf of the Kirk patty , by Him then seated at the stern , and his letters did recommend them to the Parliament as men carefull of the unity of the Nations , and the interest of England . On the other side the Scots remitted hither an honourable Testimony of the fair comportment of our Souldiery there , together with a thankfull acknowledgment of the benefit , and advantage which our seasonable assistance had afforded them . Likewise from the Parliament here it was written back , that the religious , and well affected people in Scotland were excused from those impious , and unwarrantable actions , and that there was no willingnes in the English to impute those evils to the Nation in generall . As for the L : Generals Letters , questionlesse they contained his true , plain , meaning : He did believe at that time , that the interest of England , and the unity of the Nations was valued by the Kirk , and the Arguilians in Scotland : but what discharge was this to the rest of the Nation ? nay what discharge is this to any of that Nation ? His Commission extended not to compound for the dammages sustained by us : nor did He ever treat about the same : nor did He at last finde his loving recommendations justly answered by that Godly parties actions . Out of this therefore there follows nothing but that our L : Generall was more charitable , then the Scots were gratefull . As for the Scotch Letters , they serve well to shew the single dealing of our L : Generall towards them , and their double dealing towards Him : but they serve not at all to shew any act of oblivion , or any other pacificatory conclusion that was consented to by both Nations . Therefore the good that they then bore witnesse to in our Souldiery , we hold it to be just , and according to merit : but when they publish retracting contradicting Papers after the intermission of two years , and therein complain ( as they did this last Summer ) tha● the L : Generall came in un-invited , that the manner of his entrance was not guided by their Instructions , and that the proceedings of his Army were very unsatisfying in many other things : this is an argument of their profound dissimulation . As for the Parliaments Letters : although the Parliament at that time was too full of Kirkmen , yet if they had any full words of release in them , we should no● prolong our contestation hereupon : but the utmost that can be extracted out of them , is a charitable exemption of some that had the testimony of wishing well to the unity of the Nations , and interest of England from the pen of the L : Generall . The Parliament was unwilling , that the Scotch Nation in generall should be charged with the guilt , and blood of the Hamiltonians , and therefore it did acquit , and hold exonerated thereof all the religious , and well-affected people of Scotland . Without question the religious , and well-affected people here excused , are understood to be no other then such as had been adverse to Hamiltons exposition of the Covenant upon sincere grounds , and not for any factious , or particular respects . But how few such there were in Scotland at that time is now manifest , by the general adhering of that Nation to their new King against us . For there is not one man in Scotland that assists this young King against us now , but He expounds the Covenant in the same manner as Hamilton did then : and He might have as safely complyed with Hamilton in that Ingagement , as He may with the yong King in this : as will be further demonstrated in due place . These are the main subterfuges which the Scots flie unto , when we tax them of that cruell , barbarous Ingagement against us in 1648. The rest of their pleas whereby they seek not to shelter themselves from the whole guilt , but onely to extenuate it , or rather to qualifie our demanded satisfaction are scarce worth the mention . They say , they have received some dammage in Scotland by the ●●ish , and have demanded satisfaction of us , but as yet received none . A strange objection , have not the Irish been prosecuted by us these nine yeers as Enemies ? And though they owe allegiance de jure to England : yet are they not as mortall Enemies de facto to us , as to the Scots ? Do we any way abet , justifie , or spare them ? to vouchsafe more to this , were to disparage right . They say moreover , that some satisfaction has been made us by the booty , and pillage which Hamiltons Army lost in England . Some few Scoch Arms , and Horses , which falling amongst the Souldiers as due prize were like water spilt upon the ground , neither received in satisfaction by the State of England , nor so given by the State of Scotland , must come in upon the Account of the English to satisfie them for all the plunders , murders , and wasts which a Scoch Army perpetrated contrary to Treaties , and sworn Covenants . No more of this , here ends the first part of the Scoch Warre , whose Scene was layed in England : we come now to its second part ▪ where our Scene by Gods abundant grace , and goodnesse is removed into Scotland . And in this transition from past , to present , imminent hostilities we doubt not but to evidence the necessity of our War in Scotland , à parte post , as well as we have done the justice of it a parte ante . THe Treaty at Bredah in March last , betwixt the Scots and their declared King : both being upon termes of Hostility with us : had little busines to be debated , that was peculiar to Scotland : the main thing to be proposed by both parties , was the removing some mis-understandings amongst themselves , that they might thereupon the better double their powers , and twist their pretensions against England . The Kings interest was Monarchy , the Scots was Monarchy and Presbytery : the English were held to be advers to both these interests : and the Covenant therfore to favour both the Treators , against the English : so mis-understandings amongst the Treators could no● be hard to be removed , or at least their slight jars could not be hard to be laid asleep for a while , when they had so little to loose to each other , and yet so much to gain from a third party . All that the Scots desired of the King as humble suitors was but this , that He would take the Covenant ( if that were but swallowed down in its literall sence , they thought all their further aims sufficiently provided for ) and this could not be much more bitter to Him , then the Masse was formerly to his French Grand-father in the like case : and if it were , yet divers dulcifications might be added , and accordingly divers mixtures were used , to qualifie , and make more potable that draught . Advertisements had been sent from the yong Kings devout Mother in France , and from her most Holy Father at Rome , that in such an extremity the Oath was compulsory , that the matter of the Oath was subject to many severall , yea contrary interpretations : that He should therefore be either left to be his own Interpreter at last in case He prevailed , or if not ▪ yet He should be discharged of any contrary strained interpretation . The truth was , the present Power in Scotland had condemned Hamilton for invading England in behalf of an Anti-covenanting King , and so it would be now too grosse for them to do the same thing till they had a Covenanting King : whereupon it became impossible to them to relax the King of this condition . The young King , it may be , might demand why they should more scruple fighting for an Anti-covenanting King , then to fight against a Covenanting brother , since the Covenant lost no more credit by the one , then by the other : and perhaps He might further demand ▪ why their conditions to Him were so rigorous ; since his to them pressed nothing but what was pleasing , viz : a joint concurrence against a Common enemy . But his Mothers Councellors thought not fit to clog the debate with such intricacies . All Scoch punctilioes being at last waved ( for the young King was so far from capitulating about his reception in Scotland , that He was more forward to capitulate against his trusting himself there ) it came to the question , what He should obtain at their hands in relation to England . For satisfaction herein , it was assured , that the Scots had already proclaimed him King of Great Brittain , that they had alreadie Protested against the governing party in England , as guilty of Usurpation : that they did now ingage to contribute their utmost endeavours , by all necessarie , and lawfull means , according to the Covenant , and duties of loyall Subjects , to restore him to the peaceable possession of his other Dominions , according to his undoubled right of succession . This was the tenor in briefe of that Parlee : here is an inthroning promist to the yong King by all necessary and lawfull meanes according to the Covenant : and here force of armes is not openly profest , as a necessary , and lawfull meanes according to the Covenant , that the English might be ●u●d in the more security : but ●is ambiguously implyed , and secretly so explained to the young King and his Counsell , that He might proceed with the more vigor and confidence . Hereupon now rises the contest , whether this ambiguity of expression , and mentall , equivocall reservation in the agreement be such as ought to delude the English , or not . The Scots still say , no force of Arms is threatned against us , and that if we flie unto force of Arms against them either upon this , or former hostilities , we do cau●l●sly invade them . They solemnly invoke God as a witnesse , and Judge , that they have denyed us no right , that they have done us no wrong : that in this preventing warre , we are meer invaders and returners of evill for good . Yet we must understand to make this good before the Bar of Almighty God himself , they waver , and d●llie , and double , and seek to collude in their own plea : for they do not simply deny their ingaging to use force against us , but unlawfull force , nor yet are they willing to confesse their force intended , and justifie it openly as lawfull by the Covenant . Surely in an appeal to Almighty God , the case need not be presented with so much art , and under the cover of such dubious reservations . Let us take a little notice ; first , how far they deny ; secondly , how far they justifie their forcible assisting the yong King against us . After the King was well satisfied with their meaning by private insinuations , and had adventur'd his person into Scotland ; then further craft was thought fit to be used to blinde the English , and retard their preparations : and therefore the Committee of Estates in Scotland publisht , that the Article in the Treaty of Bredah concerning restoring the yong King to his Crowne of England was not to binde , till the Parliament and Kirke of Scotland had taken a previous consideration , and given their determination concerning the lawfullnesse , and necessitie thereof . Behold the ingenuity of the Scots , They conclude a warre , and no warre ; To all the enemies of England 't is a declared warre against England : To the English themselves 't is no warre till the Scotch Parliament and Kirke have further declared in it . The enemies of England have hereupon just warning and timely summons to arme , and colleague for Englands offence : but in the presence of God they speake it , the English themselves have no just ●a●●● ▪ no● provocation to provide for any defence at all ▪ Though this agreement was made by the Enemies of England , with the Enemies of England , and ref●rres to the Covenant which ha's alwayes been expounded to the justifying of a warre with England upon this quarrell : and though this agreement must signifie a full defiance against England to all others , yet to the English it must signifie nothing , God himselfe being admitted Judge . The English had been once before invaded by the Parliament of Scotland upon the same pretex●s of the Covenant without any warning given , when both the Nations were not onely in profest amity ▪ but also under the religious ties of a solemne League : and yet now when the Parliament of Scotland ha's per●idiously violated that amity , and those ties , and i● moreover f●stned in a new Agreement and Covenant with the most active foe , that England ha's , in the world by Sea , and Land , and by the words of that Agreement and Covenant , ha's obliged it selfe to recover the Throne of England to Him : yet now , 't is expected that the English should sit still , and attend till the Parliament and Ki●ke of Scotland had further deside them . Alas , the prevention of a wound that is likely to be mortall , is as necessary , when it is possible , as the warding of it : and some stroakes are of that nature that they cannot be repelled by the buckler , if they be not anteverted by the sword . Therefore the fictions of the Cockatrices eyes want no ground in policy , whatsoever they doe in Nature : and 't is often seene in warres ▪ and seditions , that the party which surprizes not is sure to be surpriz'd . This caused the Parliament of England this last Summer to send a preventing Army into Scotland , yet with an intension of defence , not offence , for it was manifest to us , if wee did not pitch the warre there , and there draw the first bloud , wee did necessarily expose our selves to the first charge , and impression of our enemies here , and choose to erect the theater of warre within our own Dominions . Moreover , had wee been meere Assaylants , or had wee been defend●nts in an equall cause , against Enemies that had observed Feciall rites with us by giving us antecedent warning , wee would not have been wanting in the due formalities of defiance towards them . Nay , had there been any reall doubt how the Parliament and Kirke of Scotland would have determin'd of the justice , and necessity of a warre with England , or had there been any certain time prefixt when that determination should have been given : or had wee been assured of any just time to prepare our selves afterwards for a compleat defence , wee had not been so forward in seeking out the hardships of that cold , and sterill soyle , but as our case was , wee were great sufferers , wee were sufferers by perfidious Enemies , wee were delusorily referd fine die , to Judges that were bound to no meetings , for the resolution of a case that was before resolved against us : and in the meane time whilst wee were brutishly thus to waite upon such Judges , all our conjured foes were contriving our ruine , and were certain to prepossesse irrecoverable advantages against us . But now wee shall see in the next place , the same Scots that before the Judgement-seat of God charged us hitherto for entring upon them when wee were in no danger , nor under any provocation , seeing all their transactions at Bredah more fully come to light , betake themselves from denying to confessing and avoyding . Such is their faultring , such is their doubling : if their deniall could be maintained , they needed not descend to any confession : and if their confession were avowable , they needed not to fly to denyalls : but the truth is , they can neither absolutely deny , nor absolutely justifie their hostile machinations , and combinations against us , and therefore they shufle , and trifle , and play fast , and lose betwixt both . In August last , when the Scots saw the English would not yeeld themselves to be deluded , or disappointed , or forecluded of any advantages in war by the false pretexts of peace , they stated the case of their war in a Declaration , which they forced the young King to publish in his Name at Dunferlin , and according to the case there stated , they resolved to joyn upon the issue of a Battail , and in the Field to expect Gods own decision from Heaven . The Battail was fought , and the decision of Heaven dissavoured the Scots : but the successe of a pitcht Feild is not now held an Argument weighty enough to sink a cause so stated . Let us therefore more narrowly look into the particulars of that Declaration , and examine upon what sure rules of equity and piety the cause of the Scots , as it is there drawn up , stands founded . At first the march of our Army was held meerly invasive , & causlesly ▪ offensive : the Scots denyed any hostile intentions against us at all : now t is granted there was an intention of force , but it was no other then what was justifiable by the Covenant , inasmuch as it threatned none but such as were Enemies to the Covenant . This seems to mean , that the Parliament of England with all their Armies and Adherents , had had just cause to prevent an invasion from the Scots , if they had been true to the Covenant , that is , if they had interpreted the Covenant in the Scotch sense : but since they are judged to have dealt treacherously with the Covenant , they are not worthy of any defence , they ought not to claim so much priviledg , as to prevent any danger , or enmity ; For if the Scotch design had been meerly to plunder and inslave us , then we might have stood upon our guards , or used means of prevention lawfully : but since the designe was meerly to reforme us , and reclaime us to our loyalty , and to reconcile us to our Covenant : 't was arrogance in us to thinke any resistance at all reasonable : Is not this a candid honest meaning ? does not this high pitch of prejudice become a faire noble enemy ? but to the effect , and purport of our Scotch Declaration : by that Declaration we are satisfied in two things . First , What conditions were proposed by the Scots to the King both in behalfe of Scotland and England , and Secondly , What Laws were agreed upon by them both to be imposed upon the English . Of the Kings conditions little need be said : by taking the Covenant explicitly , he did implicitly bind himselfe to admit the Scots to be his interpreters of it , and by admitting them to be his interpreters , He did ingage to follow the advice of a Parliament in all Civill cases , and of an Assembly in all businesses of the Church : and t is to be understood that the same advice was to sway him as well when he was to consult about his affaires in England , as about his Scotch affaires . For a proof hereof , we see when this very Declaration , so neerly concerning the government of England , was to be issued in the young Kings ●ame , and he to avoid the same was withdrawne to Dunferlin : Commissioners were sent after him from the Kirk and States , to let him know , that by the Covenant he was bound to signe , and own this their Act , and that by his refusall if he separated his interest from Gods , and the Churches , they would endeavour the preservation of both without his . But let us passe to the ●aws imposed upon us by the accord ●t Bredah , and let us view sadly those heavy iron yoak● that are there ●●eathed for the neck of England . After that the young King ●● obliged to stand to the advice of the Scots in the supream counsels and concernments of England . Let us consider ●ow ●ar that advice is converted to our confusion . The first thing that we are to submit to is , we are here to yeeld up the Crown of England to be disposed of by the Scots ▪ we must suppose there lies a duty , and is conferd a power by the Covenant upon them to see to our line of succession , and to take order that in all questions betwixt the people , and any pretendor , the Throne may be duly filled , and possessed . If a Traytor ( that ha's been ) an enemy in Arms ( that is ) claime by inheritance the Soveraignty of England , the Scots may justifie force to invest him here , & 't is breach of Coven : in us to oppose ▪ 2. Though the same K. may ●e under ▪ Sequestration in Sco●● : til he has given publick satisfaction there ; yet there is no satisfaction due in Engl ▪ of which the English are to be Judges , for the English are to rest satisfied in this , that the Scots rest satisfied : & if the Scots rest satisfied ▪ the English sequestration becomes vac●ted : Nay , though that which the Scots●all satisfaction , be apparently extorted by force , and almost confessed to be mee●●imulation ; yet the English in spight of their understandings and senses must accept of it . The Scots say , their young King is truly humbled for his Fathers Tyranny , and his Mothers Idolatry , the young King abhors ther hypocrisie therein ▪ and for divers days together puts all his hopes in this world upon eminent hazard , rather then he will subscribe their dictates , yet the English must neither question his , nor their sincerity . Thirdly ▪ All these rigo●s , and impositions of the Scots our backs must bow● , and crouch under for the Covenants sake , and that we may prove true to the most high God , to whom we have lifted up our trembling hands . Though we have discovered the Covenant to be a f●la●●ous , lubricous , ambiguous contract ( as others besides the Contractors themselves now wrack it ) so that in the Scotch sense it makes us enemies to them , in our sense it makes the Scots enemies to us , in a third sense it serves the Papists against us both : and though we are throughly informed , that the young King is not onely licensed but enjoyned to take it by all his Popish Patrons and Allies , and to make use of it as a s●are to both Nations : yet we must take no exception against it . Hamilton , in 1648. expounded the Covenant in behalfe of the King , and Kirk to the raising of a war against us ; yet the same powers in Scotland that condemned that war in him , raise the same against us now upon the same exposition . All the difference is this ; Hamilton fought for a King that had not taken the Covenant , because He was never so far necessitated , whereas the present powers in Scotl : ●ight for a King t●at has Covenanted against his will , choosing rather to perjure then ●o perish : But let us aske the Scots seriously , Whether is the greater enemy of the Covenant before God , he that refuses to take it because it is against his conscience , or he that takes it against his conscience , because he dares not refuse it ? Well , Gods judgements herein is by us both implord , & we cannot doubt but God in his due time will judge , & make his judgement undeniable . Fourthly ▪ Though we indeed are not enemies to the Covenant , but can justly plead for our selves , that we are zealous for a true Reformation , even whilst we dislike the Scotch patterne , and that we are well-wishers to Monarchy elsewhere , even whilst we make choise of Democracy in England upon diverse urgent emergent considerations : yet all our pleas are rejected ▪ the very last plea of Armes , from which no necessitated men besides are barred , is in us most imperiously condemned as well after open tryall , as before . Nay when wee know our selves condemned by the Scots as Enemies to the Covenant , and that the yong King ( to be brought in by force over us ) is particularly sworne against us , in that he is generally sworne against all enemies of the Covenant , we must take it as a sufficient answer to all our complaints ▪ that the King has no power to annoy any , but enemies to the Covenant . This is to heape Scornes upon the rest of our endurances ; for this all one , as if they should insolently tell us , that no man can hold any thing but by the Covenant , and the Covenant can have neither enemies nor friends , but such only as they declare to be such . To pursue these Scornes also and improve them the higher against us , they make their young King in his Declaration at Dunferlin , revoke all his Commissions granted against us by Sea , and Land , to any of his Instruments that adhere not to the Covenant . Do not we know , that such a revocation is meerly ●udic●ous , and jocular ? Could the Scots imagine that either Rupert at Sea , or the Irish Papists by Land would obey such a revocation so signed at Dunferlin ? And if Ante-Covenanters should lay down their Commissions , would it be more ease for us to be spoiled and destroyed by the hands of false Covenanters , then by the hands of Ante-Covenanters ? May not this King do what Hamilton did ? May he not prevaile over a faction of Covenanters , and by them assaile us , as Hamilton did ? and if not so ▪ may he not be impowred ; nay is he not already bound by all the Covenanters in Scotland , nemine con●radicente , to treat us as enemies ? Will not God in earnest look down upon the makers of such jests ? Fifthly . As we must prostrate our selves to a King , to such a King exercised many years in bloudy feats against us before his pretensions to the Crowne , obtruded upon us by such Faedifragrous neighbours ; and further hardned against us by such religious incentives : so we must also stoope and kneel to him upon the most servile , odious conditions that can be . For first , wee must come to a new change of Government for his sake . By the present , setled forme ; Government is now devolved , and as it were naturally resolved into the hands of the people : and as Monarchy cost us a vast effusion of bloud , before it necessitated its own ejection , so it is likely to cost as much now , before it can be reestablisht . Lyons , and Elephants doe not teeme , and propagate so often , and easily as mice , and ferrets doe : nor can wee expect , that such great alterations in great States as these are should be compast without much sore travaile , and long continude throwes . The Scots doe know well enough , that our sectarian Party in England , which they charge of usurpation , ha's a great Army in Scotland , ready to cope with all their Levies , another as great in Ireland , a Militia not unequall to both in England , besides a puissant Armado at Sea : and can they imagin that the suppressing of this sectarian party , and re-investing of Monarchy is likely to prove an unbloudy busines ? Secondly , As wee must be forced from the Government that now is , so we must be forced into a new Module of Government , that never was before in England knowne , or heard of . The supreme Power of England must now suffer a partition , and have its residence in two severall Councells ; the one Ecclesiasticall , the other Civil , and so whilest in imitation of Scotland , it transforms it self into an Amphisbaena , and submits to the motions of two Heads , it can hardly avoid dangerous disputes , and dissentions . In cases of the Kirk , the King must hearken to Divines , in matters politick the King must be observant of his Parliamen●s : but if there happen a difference in mixt matters , t is left to the peoples discretion to side , and adhere , as they see cause . Surely t will be an uncooth innovation in England to see Kirkmen sit in an Assembly , and publish Declarations concerning peace , and warrs , as they do now in Scotland ; and whether such an innovation may be conducing to a good accord , and understanding in the State , or no , we leave to conjecture . 3ly , As we must subject our selves to these grand innovations , so they must also be purchased by us with the price of some of our best blood : some few of our principall Patriots heads must be payed down in hand for them . It should seem , their Idol the Covenant requires some sacrifice to make an attonement for the indignities , and prophanations it has lately suffered in England , and so foure or five mens lives are demanded , as a just oblation . But the Scots might understand that we are not yet so tame , and that the demand of such an oblation from us , is all one , as the demand of many Hecatombes : and therefore perhaps t is not parsimony of blood that makes them so parsimonious in their demands of blood . 4ly , As our pretiousest Friends must lye under this discretionary danger , so the most fatall of our Enemies must be secured from all danger of our Laws : for in the close of all , an Act of Oblivion is to overwhelme all things ▪ and all men whatsoever , Royallists , Presbyterians , Independents , Papists , Protestants are to be put into an equall condition . What is this lesse then to spoil us of all advantages , and exempt our Enemies from all disadvantages that the event of these late wars have cast upon us both ? especially when the Act is to passe as a Grace from our Masters in Scotland , and not of reconcilement from us ? By this state of the cause so formed , and owned by the Scots themselves , 't is now apparent , that if the English had yielded stupedly to all the conditions , and Laws that are here imposed upon them , they had left nothing remaining to themselves : the whole English Nation had been given up to vassalage under a forreign Power . Those very Royalists , and Presbyterians which should have survived the Independents , and could have severd themselves from the ruin of the Parliament : ( as was very difficult to do ) yet should have seen the old Government of England overturned , and have served a Master , that should have served other Masters . The Scots neverthelesse in the Declaration before mentioned recommend these impositions of their young K : as his gratious condiscentions , and they expect that hereby he offers satisfaction to the just , and necessary desires of his good Subjects in England , and Ireland . And because they see there are many thousands in England , who have utterly forgotten that ever they were born on this side the Twied : They use many Arguments of Conscience and Honour to Arm all such against the Parliament : and to in amour them with that Freedom , and happinesse that this Declaration promises under them . So wonderous a thing it is , that any liberty under a Parliament of England should be thought worse by Englishmen then any servitude under the Kirk ▪ and state of Scotland ; but here are the true grounds of our expedition into Scotland : the Justice whereof lookt backward to the incursion of Hamilton in 1648. whilst its necessity lookt forward to the Treaty at Breda , and to the accord that was there made in March last . There is a Justice of warre sometimes that derives it self onely from necessity : but in the War that is now waged by our Parliament in Scotland , we may truly avow , that our Arms are just because they were necessary , and we as truly avow , that they became necessary by being so egregiously just : inasmuch as the Magistrate often is restrained from dispensing with the Subjects right . Now it appears by what ha's been here related , that the Scots unprovoked powred in upon us 20000. men in a maner most perfidious , and at a time most disadvantagious ; that after satisfaction peaceably sought they rejected us as unworthy of any Treaty with them : that at Breda they have since conspired with ●●r open Enemy against us , making their cause his , and his theirs : and therefore directly contrary to the Scots Declarations emitted the last Summer , we draw this conclusion , that we have received wrongs insufferable , that we have been denied rights indispensible , and that we have been forced into a War unavoydable . For we hope , since no place , nor time secures us from the offensive Arms of their young King , and his Commissions Officers , whose cause they have espoused by taking him into a forced Covenant ; No time , nor place ought to secure him from our defensive prosecution . Let the Scots flatter themselves as they please with fond umbrages , that they observe their Covenant whilst they fight against us that are parties to it , and whilst in the young K. they abet P. Rupert , and the Irish , that are parties ingaged against it ; God is not mocked , He sees throughly the ill temper of that morter , wherewith their ruinous cause is daubed . The same God knows likewise how unwillingly we drew our swords in this quarrel , and how far all aims of ambition , domination , revenge , or spoil were distant from these our undertakings . The same words which were once used by our Army after the great defeat given to Hamilton in England , the same do we still resume after as great a successe neer Dunbar in Scotland . We believe God ha's permitted his Enemies at several times to Tyrannize over his people , that we might see a necessity of Union amongst them . We likewise hope and pray that his glorious dispensations of successe against our Common Enemies may be the foundation of Union amongst Gods people in love and amity . To this end ( God assisting , before whom we make this profession ) to the utmost of our power , we shall endeavour to perform , what is behinde on our parts : and when we shall through wilfulnesse fail herein , let this Hypocritical profession rise up in Judgement against us , before him who is and ha's ever appeared the severe avenger of Hypocrisie . This we direct now to all the mislead , yet well meaning people of Scotland as cordially after a second signal victory , as we did then after the first . Reader , I here often mention the Scots , and seem to intend the whole Nation ; but I pray thee make no such interpretations : for I doubt not but there are many good people there , that either know not their Magistrates Hypocrisie , or bewail it in secret . I my self know many excellent men of that Nation , and these to me are as dear as if they were English . Sit Tros , sit Tyrius , nullo discrimine habebo . Of the INGAGEMENT . THere was lately Printed a sheet of Considerations against our common Ingagement of Allegiance , to this Common-wealth : the Author seems to be a Presbyterian of the Scoch Faction , by some thought able and learned : his Arguments are very brief , and I will answer him , as briefly as may be : The Arguments by which our Ingagement is impugned , and as it were on every hand beleaguerd are eleven , as I take it . The first is against the Ingagements inconsistency with former Obligations . 2. Its partiality towards Malignants . 3. Its obscurity , and ambiguity . 4. Its illegall penalties . 5. Its inefficacie . 6. Its want of charity . 7. Its rigor to harmless , conscientious men . 8. Its enmity to Reconciliation . 9. Its diffidence in God . 10. Its excesse , and extremity in punishing . 11. Its opposition to Christian Liberty . The raising of this seige , I hope will not prove very difficult . Considerator . This Ingagement , to some that have already taken six or seven Oaths , may possibly seem contrary to some of those former Obligations : and such Ingagers must now suffer , or sin against their doubting consciences . Answ : 1. No State can enact , or ordain any thing , but the same may be lyable to some mens doubts ; ( In Christian Religion it self all mens scruples are not prevented ) those Acts , and Orders therfore which are not lyable to just doubts , are sufficient , and ought to binde . Now the Ingagement , which in truth is not repugnant to any of our former Oaths , or Obligations , is lyable to no just doubts . For our former Oaths , and Ingagements , if we rightly understand them , did not so intentionally oblige us to the form of Government , as to Government it self ; nor to this or that changable medium of governing , as to the fixt , perpetuall end of government . Forms , and Means are sometimes very expedient , and so long they are necessarily to be observed : but the question is how far they ought to be observed , when they clash , and by some emergent alteration in the State are put out of Tune , and so jar , as it were , with substances , and Ends : and all wise men know : Subordinata non pugnant : the matter of lesse moment gives way to the greater . The Law of the Sabbath was strict in all its rites , and requir'd an exact obedience in all its duties which were suitable to its end : but when mans being which was the end of the Sabbath came in question , all its subordinate offices , and solemnities submitted . The Jews thought man must rather perish , then the Sabbath be broken by any labour to save him : and if man had been created for the celebration of that day , they had judged rightly : but since that days rest was ordained for man , our Saviour gives a contrary judgement . The same reason reaches our case . Our allegiance has been formerly ingaged to the State of England governed in such a form : that form is now changed ▪ and now our allegiance to the State cannot be continued in the old form , without danger to the substance , without ruine to the end , for which allegiance was so ingaged . In this case , if we grant , that the form of government is but a mean , and that it was ordained for the convenience of government , not government for the forms : we have nothing to do , but to conclude with our Saviour , that necessity makes the change lawfull , and the violation of the form no violation : forasmuch as there is no repugnance in subordinate things . Dunkirk was yesterday under the Spaniard , t is to day under the French : the loyalty which the Dunkirkers payed yesterday to the Spaniard is now due to the French : That Dunkirker which now keeps his loyaltie to the Spaniard breaks it , and may justly suffer for Treason : but that Dunkirker which departs from his former loyalty , keeps it , and the truth of his loyalty will be justified by the end of all Loyalty . Consider : Known Malignants whose Consciences are too hard for such scruples , readily take the Ingagement , and so get Trust and imployment , whilest the tendernes of Conscience shuts honest men out . Answ : 2. This Objection has no more Force against the Ingagement , then it has against preaching the Word , administring the Sacraments , and all the best Ordinances that ever were past by God , or man : for there was never any duty so holy , nor injunction so equitable but some scrupulous men perplexed , and intangled themselves with fears about it , and some men of ill conversation would rush , and intrude rudely into it . T is impossible for the Magistrate either to ease tender Consciences , or to discriminate hard hearts in all cases : wherefore let us not require impossible things of our Magistrates . Consider : This Ingagement is so pressed , that scruples arising none is permitted to clear them to himself , nor can the tendrers of it prescribe the sense wherein it is to be taken : so it must be subscribed blindly in the implicit meaning of the Imposers . This agre●s not with the nature of a solemn Obligation . Answ : 3. The Ingagement is most injuriously accused of any obscuritie ; no art of man could pen any thing more clearly , or succinctly : nay I am verily perswaded , that the same men that cavil at the Ingagement for ambiguity : can scarce produce one Law or rule in all the book of God , which might not be made as subject to cavillations as this bond of allegiance . By our subscriptions , we onely binde our selves to be true , and faithfull to the Common-wealth of England , as it s now governed without King , or Lords . To ask , what the Common-wealth of England is , is ridiculous ; t is the same now under this form of Regiment , as it was before under Monarchy . To ask , how it can be governed without King or Lords , is more ridiculous , our senses discover to us , that we have a government ; that we have a government without King or Lords : and if we please we may further inform our selves , that there have been other such governments in all ages , amongst all Nations . To ask how we may be true , and faithfull to this Government , is most ridiculous of all : for Truth , and fidelity in England , is the same as Gods Law commands every where . No Law of Gods is more perspicuous , then that which enjoyns obedience , and subjection to Powers and Magistrates ; and yet the same Law of God which injoyns obedience , and subjection , intends true obedience , and faithfull subjection : they cannot be divided : false obedience is no obedience , unfaithfull subjection is no subjection . Therefore let our Considerator cavil at God , and his Word , to which our Ingagement refers him , let him not cavill at those which refer him . Consider . The Subjects Liberty is saved to Him by divers Laws , and Oaths : yet the not subscribing of this Ingagement hercaves any man now of the benefit of Law , the greatest of all Liberties , and rights . Answ . 4. Liberty is the due birth-right , of every Englishman : but Liberty has its bounds , and rules ; and the liberty of every member must be subordinate to the liberty of the whole body . By the Laws of Liberty every man is to injoy , that which is his own : but since one man has far greater , and better things to injoy , then another , the liberties of one may extend further , then the Liberties of another . Likewise , when our Liberties are equall extensive , one man may voluntarily renounce , or maliciously forfeit , that which another does not . Therfore we must not suppose , that any man in England by the Protestation , or Covenant , or any Law else , has such an estate , or inheritance in his Liberty , as is altogether indefeasible , and unreleasible , whatsoever He does , or saies . But in the last place , there is a Liberty of the whole State , aswell as of any particular subject : and that Liberty of the whole State must supersede the Liberty of every particular subject , whensoever both accord not : the lesser , to avoid repugnance , must alwaies give place to the greater . The Con●iderator is very erroneous , when He thinks , the Law allowes him any right , or freedome to disturbe the Law , or to oppose any constitution , upon which publick right , and freedom is founded . Consider . These kinde of ties have commonly prooved uneffectuall : nay they have often proved mischievous , like artillery turned against the first planters , and devisers of them . Witnesse the Bishops Canonicall Oath : witnesse the late Covenant , &c. Answ : 5. Religious ties , and pacts are not unlawfull in themselves , but we hold the use of them unlawfull when they are inforced without sincerity , without necessity , and without due authority . As for the Bishops canonicall Oaths ; we are not satisfied that there was a sincere meaning in them , or any cleer Law for them : and we are certain there can be no necessity pretended to uphold them : wherefore t is no marvell , if they proved fatall . As for the Covenant also , it was rigorously obtruded upon the English by the Scots , without any pretext of authority : and as we have found since a want of ingenuity in the obtruders , so we are sensible the pleas of its necessity were mistaken : forasmuch as it has wrought contrary effects , and produced hostility , instead of amity . Wherfore if this miscarried also t is no great wonder . Neither does the line , that runs betwixt our Ingagement , and those obligations prove a true parallell : for those were Religious , so is not this : and those were utterly unnecessary , to say no worse of them , so is not this . God has required us to be loyall , and true in our obedience to the higher powers : to obey God in this is necessary : and therfore to promise obedience in this , even when our promise is a necessary part of our obedience : and is moreover a medium so aptly disposed to reach the end of all obedience , the securance of publick peace : we cannot but conclude it necessary . Besides , the Considerator might take notice , that his objection here is generall against all stipulations , as such : so that by the force of his objection , the very bonds of matrimony ; the military Sacraments of souldiers : all the obligations almost betwixt man , and man , by which humane society is preserved , finde themselves struck at , and shaken . There was scarce ever any Nation yet so barbarous , as wholly to neglect ties of allegiance ; and amongst all ties of publick allegiance ; there scarce will be any found so modest , brief , cleer , easie as our English Ingagement : the obligation is no more then civil , and the extent of it scarce equals the petie homages , and fealties which we pay in Leets , and in our Courts Baron . Consider . If we raised trouble , or sedition under the present Government , these proceedings against us might be justified : but we are now punisht because we dare not offend God by subscribing . What is our case now was the subscribers ease , when they were formerly over-ballanced in the Government by men of another judgment : let them therfore do as they would be done to , for we desire now , what they desired then , that Conscience may not be forced . Answ : 6. The case of the Non-ingagers is not the same now , as ours was formerly : nor are we so uncharitable as to violent mens consciences , or to exact that from others which we would not have exacted from our selves : these charges are void of truth , and ingenuity . Necessary Oaths , and naturall stipulations properly tending to the preservation of humane society , we never were Enemies to : nor ought any good mans conscience check at them : and if the non-ingagers can shew , that we require now in this promise any fidelity or obedience to the State , besides what God himself requires : and the naturall usage of all Nations justifies , we will acknowledge our error , and harshnes to them at present . Or on the other side , if the Considerator will shew , that the Oaths which we formerly were scandaliz'd at in the Bishops and other oppressors were of such necessity , and so tenderly moderated , as this Ingagement is , we will acknowledge our refracto●ines in former times : but if neither of these things can be shewed , the Considerator cannot say we deal unequally or partially with other mens Consciences , t is want of charity in Him , that charges this want of charity on us . Consider . The Non-ingagers can have no other ends of refusing , and becoming obnoxious to the sharp censure of the Act , besides Conscience : because they are few , and cannot compasse any alteration : and they further see , it could not be compast without a great effusion of blood , if they were more , and stronger . Again : if men offend by disturbance of the Government , under which they live : let them receive severe punishment , let them not be punisht before offence given . Again , This Ingagement involves many conscientious men ▪ fearfull to subscribe , who yet verily believe they must stand , or fall with the present Government : and are wholly for them in their judgment . Answ : 7. We must by no means grant , that there is truth in these suggestions . For : 1. we know there are diverse , which refuse this Ingagement out of meer dis-affection to the present Government . 2. There are diverse neutral minded men which do subscribes ▪ his Ingagement not without some unwillingnesse , which neverthelesse will the rather be true , and faithfull because they have so ingaged . Fear of penalty will be as potent to keep some men from breaking , as it has been to keep others from refusing the Ingagement . 3. T is impossible for us to beleeve that pure conscience restrains any man at all from subscribing : it must be peevishnes , of humor , and opinion , it cannot be conscience . Our reason is : because there is no third thing betwixt being a Friend , and an Enemy : betwixt being true , and false : betwixt being obedient , and disobedient . Can we possibly admit , that they are wholly for us in their judgments ; that they expect to stand , and fall with us , that they are conscientiously bound up from attempting against us : which think it a sin to promise any truth , or fidelity to us ? Either it is a sin to be true , and faithfull to this Common-wealth , or it is not . If it be a sin : in the judgment of our Non-ingagers ; to be true , and faithfull ; then are our Non-ingagers worse then Enemies : for enemies themselves may without sin passe pacts of truth , and ●idelity to each other : and if our Non-ingagers be worse then enemies , t is treacherous in them to pretend they are lesse . Pure conscience cannot permit them to say , they are wholly of our judgement , their safety is involved in ours , they are no way disaffected to the present Government : whilest at the same time it suggests to them that they sin if they prove true , and faithfull to us . On the other side , if they allow there is no sin in being true , and faithfull to us : then they must allow withall , that there is no sin in promising truth , and faithfulnesse . Nay without doubt , the thing being lawfull , the promise of the thing becomes lawfull , if not necessary when t is required by the Magistrate for securance of the publick peace . T is a strange thing to imagine , what now predicament the Non-ingagers must finde out for themselves . Protest enemies they abhor to be , their judgements , their safeties , their own interests force them to disclaim that Name : Profest Friends neverthelesse they dare not be ; some scruples of conscience deter them from any such obligation . Neuters they cannot be , because they are Natives , and members of this State , and owe allegiance to Government , howsoever they may except against this , or that form of Government . Forreiners that have no dependence upon us , nor owe allegiance to us , may professe neutrality , and if they be not against us , we repute them as if they were for us : but t is otherwise with the English subjects . Ambidexters they will disdain to be : for of such the contrary rule is true : if they be not with us , they be against us : a seeming , simulatory , Friend to two contrary parties is a reall , assured enemy to both : our Saviours mouth has left it unquestionable , that No man can serve two Masters . It will therefore well become our Non-ingagers , to be plain dealing with us in this , though they may not be true to us , and let us know under what notion they would be lookt upon . If they be neither Friends , nor Enemies , nor Neuters , nor Ambidexters , let them give themselves some fifth Name , onely let it be such a Name , as may fall under some definition . Consider . The Covenant , we see , is a great hindrance of reconciliation with Scotland , which shews the pernitious consequences of laying obligations upon the people . For to oblige the people , and not interpret , nor limit those obligations , is a way to perpetuate strife , to multiply disputes , and conscientious entanglements . Answ : 8. How ill our plain , necessary Ingagement , that comes recommended to us by good wholsome precedents from all ages , and Nations is compared to the many intricacies , and inconsonancies , of the Scoch Covenant has been already shewed . The various interpretations of the Covenant might perhaps beget , and perpetuate strifes betwixt two emulous Nations : but our Ingagement is so liquid , facile , and concise a tie of truth , and fidelity from English men to their common Mother : that even they which have most tortur'd their brains to raise quaeres , and scruples about it , at last , know not how to stile themselves , nor where to place themselves : nor can they teach us how we should understand their Chimeraes or resolve their fond aenigmas . Let not that therefore be ado●sed of creating quarrels , which is so hard to be quarrell'd it . Consider . It were more for the glory of God , if Magistrates would trust God with their Government , not thinking themselves the safer by tying man to them , especially by means that have so often failed . Oh beware of unbelief . Answ : 9. To use honest , well proportioned means allowed , and appointed by God , with a Trust that God will blesse the same to us , is rather to honour , then distrust God : and t is not a trusting , but rather a tempting of God , when we sit still , and let slip opportunities upon a vain expectation that God will supply us with extraordinarie , unpromis'd helps . Constant experience instructs us , that Promises and other sacramentall obligations have been ever honorably , and profitably made use of for religious , and civill purposes : they have been sanctified by God himself both giving , and accepting of them : they have not onely bound man to man , but man to God , and God to man . Therefore to argue against such expedients in this case , upon the strength of such propositions as are generall , and as concludent against all humane expedients in all cases whatsoever , must needs savour of a spirit too litigious , and acrimonious . Consider : By this Ingagement persecution of godly men is grown higher in divers respects then it was in the times of Prelaticall power : in regard that non-Ingagers are now more in number then non ▪ conformists were formerly : and whereas imprisonment was formerly the penalty of Puritans , non-subscribers now are put ●ut of the Laws protection as to their estates : if 10000 livre. be owing them , they are at the Debtors courtesie , whether He will pay one penny , or not . Answ : 10. The Common-wealth of England denyes no protection to any , that will promise truth and fidelity in their reciprocall subjection : nor does it deprive any of the benefit of Law , that ingage to be Friends to the Law . Wherefore since the Common-wealth is in the place of a Mother , and every particular man is but in the place of a Son : t is not fit the Son which first rejects his Mother , should complain afterwards that He is rejected by his Mother . Away with such stupid gross●● partialities : He which out-la●● himself , cannot complain of an out-laws hard condition : and He that joyns not with the people in all necessary expedients to uphold the Law , out-laws himself . T is double injustice for a Subject undutifully to forfeit the States favour first , and then to expostulate against its dis-favour : as it is double ingratitude in a Son to deny filial duty first , and then to cry out against paternall severity after . The Subject here is his own persecuter , and the Son his own true dis-inheritor : forasmuch as both with-hold that which was due absolutely , and naturally , yet have nothing with-held from them , but what was due conditionally , and secondarily . Consider . We deny not that the Magistrate may require security for the obedience of men , that give occasion of suspition : but we deny the Magistrates power , and rule over mens consciences . For Christ has redeem'd us to himself , that we might serve him without fear , and not suffer our selves to be brought in bondage to the wils of men . So Calvin : Insti : l : 3. c : 19. S : 14. The Conclusion is : what a Christian may not lawfully act , He may not be lawfully constrained to act by the Magistrate : but a Christian may not lawfully act against his conscience though erring : therfore He may not lawfully be constrained thereunto . Answ : 11. T is confessed there are high prerogatives of Liberty ( to use Calvins own words ) which Christ has purchast with his blood for faithfull consciences , to exempt them from the power of men : and that these prerogatives are lost to such consciences , as yeeld themselves to be snared with bonds of Laws , and Ordinances at the will of men . But we must understand with all , that no exemption from the bonds of the Law moral , or any Civil ordinances not crossing the Law moral , is here intended , or reckoned amongst Christs purchased Prerogatives : for Christ himself was obedient to the Higher Powers : and did professe that He came not to destroy , but to fulfill the Law . We must therefore restrain Calvins meaning to a freedom from Leviticall ceremonies , or humane , unnecessary impositions in matters Ecclesiasticall : or to commands evidently sinfull . Inasmuch as the Consciences of faithfull Christians cannot be properly said to be snared with any other Laws , and Ordinances . For that we are to be subject to government , and Governors for conscience sake : and that a faithfull , pure conscience is a thing very different from the ignorant fears , or rash presumptions of a mis-guided minde , is very cleer by the Scripture . Therefore when the Considerator argues that a man may neither act , nor be enforced to act against an erring Conscience . He seems to me to utter meer non-sense , forasmuch as that opinion which may be false , and erroneous , is so far from being a mans conscience , that t is inconsistent with conscience . Shall we call the Papists blinde zeal which makes him thirst after Protestant blood an erroneous conscience ? and shall the Magistrate forbear all force , and restraint towards Him , because He onely follows the dictates of an erroneous conscience ? We may aswell call that conscience which leads the Ranter into uncleannesse : which urges the Arrian to blaspheme Christ , and which induces the poore Indian to offer humane blood in sacrifice to the Divill . No : Conscience in St. Pauls sense ( whom Calvin follows ) is that Agent of God in the soul which holds forth to us the lamp of Nature ( or rather of God creating us ) improved further with the oyl of grace ( or rather of God redeeming us ) to shew us the uglines of ●in , and the beauty of righteousnes : and as this Agent of God never mis-instructs us , so neither are its instances with us ever to be rejected under pretence of any humane ordinances and powers whatsoever contradicting . Whatsoever is not of faith is sin : and that cannot be of faith , which is not clearly warranted ●y the Word of God : therefore to follow an erroneous perswasion , under the name of Conscience , is sinfull , unfaithfull , and unwarranted by the word of God . The Considerator pleads his doubts , and scruples , and fears , as the dictates of his conscience against the Ingagement : alas conscience , i● i● be unde●iled , pure , and faithfull ( such as Calvin out of St. Paul intimates ) is above all doubts ▪ fears , and scruples , at least it is far predominant over them . And let the Considerator deal ingenuously with himself , and search strictly into the darkest retirements of that , which He cals conscience : and He shall finde , that doubts , fears , and scruples assail him on the one hand , as well as on the other . If the Considerat●n be not fully satisfied in this , that He may be true , and faithfull to the present Government ; I dare tell him , and that from his own mouth too , He is as ill satisfied in this , that He may disobey the Magistrate under whose protection He lives , in denying an assurance of his truth and loyalty , when it is not onely a command , but a command so necessary for securance of the publick peace . Can we then imagine , that Conscience Gods resident in the Soul is divided against it self ? or can we imagine , that that trumpet which sounds points of war so contrary is to be obeyed , above all Laws , and Ordinances ? and revered as Gods resident ? The Considerator will say : if I have my dissatisfactions both wayes , how shall I extricate my self either way ? how shall I ingage , or not ingage without sin , since neither ingaging , nor refusing is of faith with me ? is it not in this case my safest course to obey that instinct , or prompting of my conscience which is most powerfull , and least opposite to faith ? I answer , God has not left thee without an issue , and a way to escape out of the midst of these perplexities . For all cases are either certain , or dubious ; and in all cases certain God has made every man a Judge : and has left in every man that which we call Conscience to negotiate in his behalf ; and the judgement which Conscience passes herein , is beyond all other Laws , and Jurisdictions . But i● dubious cases , God has not left every man a Judge ; private men against their own opinions are to conform to the sentences of their Commissioned Magistrates ; and in so doing they violate not their consciences , they rather do that for which they have a sure warrant , such a warrant as faith may rest upon , and Conscience be quieted by . By this warrant , the Apostles , and their followers did pay due allegiance to the Caesars , the worst of men , and most injurious of usurpers : though it was more then probable in those daies , that their Titles were gotten , and maintained by force , fraud , and bloody rapine . Who knows not , that in that infancy of the Church Herod had newly usurpt over the Jews , that the Romans usurpt over him , and were in like manner presently after usurpt over by the Caesars : yea that even in the family of the Caesars , there were almost continuall usurpations ? But the Considerator will still say : can Conscience permit me to dispence with Oaths formerly taken by submitting now to contrary , inconsistent Ingagements ? is not this a thing evidently , and indubitably evill ? and is not Conscience a sufficient Judge of things so evident , and indubitable ? I answer . 1. Where man is hem'd in , with two unavoidable evils , the lesse is to be chosen : and the choise of the lesse , is no sin , but a duty . When man cannot preserve himself , or some other living Creature without transgressing a Sabbath duty , the transgressing of that duty becomes an office of charity : because the means by its subordination was necessarily to give way to the end . 2ly , To submit to a new obligation which is conducent to the publick good , and to wave a former contrary obligation , when it is become opposite to its first end is no evident , indubitable evil . The Law by Oath bound the King , and all under him to maintain the ancient rights , usages , and Statutes of the Land : yet when any change of those rights , usages , and Statutes became necessary for the publick good , we are all satisfied that the King and all under him gave way to that change without perjury . So if we have been sworn to maintain Monarchy , the form of government being but subordinate to an higher end , when Monarchy becomes destructive to that end , the force of our Oath ceases : for Laws create forms , and Laws uphold forms by Oaths ; but neither forms , nor oaths binde longer then the Laws : and we see , there is a subordination even amongst Laws themselves , and by the rules of that subordination , temporary Laws are to yeeld to perpetuall Laws , conditionall to absolute ; mediate , to finall . When Nature permits heavie bodies contrary to the Law of heavy bodies to ascend , for the prevention of some greater breach of some Law that concerns all the Elements , and the peace of the universe : it teaches us , what we are to do in politicks . I leave these things to the Considerators own application . The Magistrate which is now girt with Gods sword , requires an assurance from him of his allegiance for the better preventing of future broils , and disturbances . His private phancie tels him that assurance is due to some other Magistrate , which if He may judge of secret reasons of State , and things above Him , has more right to the Sword : yet in the mean time doubts , whether God has intrusted him with any such judgement , or no : and He sees his example keeps the publick Peace the more unsetled , and He forfeits the protection of Law to Himself , by denying his obedience to the same : I say no more : the Considerator here is hedged in with two inevitable evils , let him consider , whether is the greater . Errata . Page 29. line ●2 . for dishonouring , read dischotomizing . FINIS . 
A58744	----	A proclamation for calling out heretors, &c., for His Majesties service Scotland. Privy Council. 1688 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58744 Wing S1850 ESTC R41642 31355710 ocm 31355710 110619 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58744) Transcribed from: (Early English Books Online ; image set 110619) Images scanned from microfilm: (Early English books, 1641-1700 ; 1752:19) A proclamation for calling out heretors, &c., for His Majesties service Scotland. Privy Council. Paterson, William. 1 sheet ([1] p.). Edinburgh, Printed by the Heir of Andrew Anderson ... And Reprinted at London by John Wallis ..., [London] : Anno Dom. 1688. "Given under Our Signet, at Edinburgh, the third day of October, 1688. And of Our Reign the fourth Year. Per Actum Dominorum Secreti Concilii. Will. Paterson, Cls. Sti. Concilii." Reproduction of original in the Guildhall Library (London, England). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 17th century. Scotland -- Politics and government -- 1660-1688. Broadsides -- London (England) -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT A PROCLAMATION , For Calling out Heretors , &c. for His Majesties Service . JAMES by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith , To our Lyon , King at Arms , and his Brethren bernulds , Macers of our Privy Council , Pursevants , Messengers at Arms , our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , As We being obliged by the vast Preparations of the States of Holland , to put this Our Antient Kingdom in a condition of Defence , as well for the Securing of Our Own Honour , as the Protecting the Lives and Estates of all Our Leidge People ; Therefore , We with Advice of Our Privy Council , do hereby peremptorily Require and Command , the whole heretors , Liferenters , and Wodsetters , and the Factors and Chamberlains of such as are Minors , out of the Kingdom , or otherwise necessarily absent , To Conveen their best horses and Arms , and to be Rendezvouzed , under the Command , and at the Respective places Ofets after mentioned , viz. The Shire of Nithisdale and Stewartry of Annandale , at the Town of Dumsreis , the fifteenth of October instant , under the Command of the Duke of Queensberry ; The Shire of Wigtoun , the said day at Dumsreis , under the Command of the Earl of Galloway , and in his absence the Laird of Logan ; the Stewartry of Kirkcudbright , the said day and Place , under the Command of the Discount of Kenmure , or the Laired of Lagg The Bailliary of Cunninghame , the said day at Glasgow , under the Command of the Lord Montgomery ; The Baislaries of Kile and Carrist , the said day and place , under the Command of the Earl of Cassils ; The Shire of Renfrew , at the said Town , the twelfth day of October instant , under the Command of the Earl of Dundonald ; The Shire of Lanerk ; the said day and place , under the Command of the Duke of Hamilton , and in his absence , Lord John Hamilton his Son ; The Shire of Dumbartoun , the said day and place , under the command of the Earl of Glencairn ; The Shire of Tiviotdale , at Edinburgh , the tenth day of October instant , under the command of the Earl of Lothian and the Lord New-bootle ; The Shire of Berwick , the said day and place under the Command of Sir. Archibald Cockburn of Lantoun Barronet ; The Shires of Forrest and Peebles , the said day and place , under the Command of the Land of Drumelzier ; The Shire of East - Lothain , the said day and place , under the Command of the Lord Yester ; The Shire of Mid - Lothian , the said day and Place , under the Command of the Earl of Lauderdale ; The Shire of West - Lothian , Stirling and Clackmannan , at Stirling , the said teenth day instant , under the Command of the Earl of Mar ; The Shires of Fife and Kinross , the said day , at the Town of Burnt-Island , under the Command of the Earl of Belcarras ; The Western Division of Perth-shire , at Stirling , the foresaid tenth instant , under the Command of David Discount of Stormonth ; The Eastern Division of that Shire , the foresaid day and place , under the Command of the Lord Murray : The Shire of Forsar , at the Burgh of Strivling , the twelfth instant under the Command of the Earl of Southesk : The Shire of Merns , at the Burgh of Perth , the fifteenth instant , under the Command of the Lord Keith ; Marshals part of Aberdene , at Brichen or Forsar , the fifteenth instant , under the Command of the Earl of Kintore : The rest of the Shire of Aberdene , with the Shire of Bamsf , the said day and place , under the Command of the Duke of Gordon : All Betwirt Spay and Ness , at the Burgh of Brichen , twentieth second instant under the Command of the Lord Duffus : The Shires of Ross and Caithness , at the Burgh of Elgin , the twenty fourth instant , under the Command of the Master of Tarbat : And hereby Requires and Commands the Earl of Caithness to Levy two hundred Foot , out of the Shire of Caithness , in place of the Militia of the said Shire , sifficiently Armed and provided with fourteen days Loan , which is to be proportionably said on by the Commissioners of Supply of the said Shire , upon all persons lyable in Dutreik of the Militia , and with these to march to the head of Lochness , betwixt and the twenty ninth instant : As likewise , Requires and commands the Lord Doun , forthwith to Rendezvous the Foot-Militia , betwixt Spey and Ness , and to make a Detachment of the third part thereof , provided with fourteen days Loan , which is to be imposed and proportioned upon these lyable in manner above-exprest , and with these to march to Lochness , betwixt and the twenty ninth instant . As likewise , Requires the Lord Strathnaver to Levy two hundred Men in place of the Militia of Sutherland , and to March forthwith to the head of Lochness , with fourteen days Loan , which is to be laid on the proportioned on the said Shire , in manner above mentioned ; And this besides and without prejudice to the proportions of Men , formerly-Ordered by Our Council , to be Rendezvouzed , and Levied by those of Our Mobility and Centry , having interest in Our highlands ; with Certification to such as shall fail herein , the shall be punished as absents from Our host , conform to Our Laws and Acts of Parliament . And Ordains all the saids Commanders , and all under their respective Commands , to remain at the respective above mentioned places , till further Order from Our Council . And for the security of all persons concerned in this Our Service , We Do hereby by vertue of Our Royal Prerogative , Discharge all personal Execution for any civil cause or Debt , against any Person , who comes out to our host , in obedience to this Our Royal Command , and that during their attending the same : And to the end Our Pleasure in the Premissers may be made publick and known , Our Will is , and we charge you strictly and Command , the incontinent , these Our Letters seen , ye pass the Mercat-Cross of Edinburgh , and whole remnant Mercat-Crosses at the head Burghs of the Shires of the Kingdom , and other places needful , and there , in Our Royal Dame and Authority , make open Proclamation of the Premisses , that all Persons concerned may have notice thereof , and give punctual and exact obedience thereto , as they will be answerable at their highest peril . Given under Our Signet , at Edinburgh , the third day of October , 1688. And of our Reign the fourth Year . Per Actum Deminorum Secreti Concilii . WILL PATERSON , Cls. Sti. Concilii . GOD Save the KING . 
A58745	----	A proclamation for calling out heretors, and others in the shires of Perth and Forfar, and others beyond the water of Tay Scotland. Privy Council. 1689 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58745 Wing S1853 ESTC R6284 13698755 ocm 13698755 101451 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58745) Transcribed from: (Early English Books Online ; image set 101451) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:54) A proclamation for calling out heretors, and others in the shires of Perth and Forfar, and others beyond the water of Tay Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by the order of His Majesties Privy Council, Edinburgh : 1689. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Proclamations. Broadsides -- Scotland -- Edinburgh (Lothian) -- 17th century 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION For Calling out the Heretors , and others in the Shires of Perth and Forfar , and others beyond the Water of Tay. At Edinburgh , the sixteenth day of July , one thousand six hundred and eighty nineyears . WHereas his Grace the Lord high Commissioner , and the Lords of His Majesties Privy Council , are sufficiently Informed , That there are some numbers of Irish Papists and others , Shipped at Craig-Fergus , in three Men of War , and that they have past the Mule of Kintire , and Sailed betwixt Isla and Jura , and are probably before this time Landed in some place of the Isles , or Highlands , about Innerlochie ; Therefore the Lord high Commissioner , and the Lords of His Majesties Privy Council , Have thought sit , in His Majes : ties Name and Authority , to Certifie the Liedges anent the Invasion , and Descent of these Barbarous and Bloody People , who will certainly joyn with the Viscount of Dundee , and other Rebels that are in Arms with him ; And Do Require the Leidges , That none of them take in hand to Correspond with , Reset , Supply , or any wayes Assist these Rebels and Papists , but on the contrary , all Sheriffs , Baillies of Regalities , or Bailliaries , Stewarts , and all other Magistrats whatsomever within the Sheriffdom of Perth and Forfar , and all others upon the North side of the Water of Tay , are hereby expresly Required and Commanded , to attend General-major Mccay , Commander in Chief of His Majesties Forces in this present Expedition , for Reducing of these Rebels and Invaders , and that they Receive and Obey his Orders from time to time , either in Conveening the Heretors and other Inhabitants of the Respective Shires in Arms to His Majesties Host , at what times or places he shall think sit to Appoint ; or in furnishing Provisions , Baggage-Horses , and what else may be necessary for His Majesties Service in this Expedition , as they shall be advertised by the said General-major Mccay , or his Order : Requiring likewayes the Heretors and Inhabitants of the several Shires to obey punctually the Orders , that shall be given to them by the respective Sheriffs , Stewarts , Baillies and Magistrats , to the Effect foresaid : And his Grace the Lord high Commissioner , and Lords of Privy Council Do Certifie , That if any of the Magistrats or Inhabitants of these Shires of Perth , Forfar , and others beyond Tay , shall be negligent or refractory in Conveening in Arms , when required in manner foresaid , or giving their assistance for the maintainance of His Majesties Troops , furnishing of Horses , or the carrying and transporting of their Ammunition , Provision , and Baggage at this time , when the Countrey is Invaded by Barbarous Papists , joyned with Intestine Rebels , that they shall be proceeded against to the outmost extremity of Law. And Ordain these Presents to be Published at the Mercat-Cross of Edinburgh , and at the Mercat-Crosses of Perth , Forfar , and other Mercat-Crosses needful beyond the Water of Tay. Extracted by me GILB . ELIOT , Cls. Sti. Concilii . GOD Save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of His Majesties Privy Council , Anno Dom. 1689. 
A58639	----	The laws and acts made in the fifth session of the first Parliament of Our Most High and Dread Soveraign William, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden and begun at Edinburgh, May 9. 1695 by John Marquess of Tweeddale ... with the special advice and consent of the estates of Parliament / collected and extracted from the registers and records of Parliament, by George, Viscount of Tarbat ... Laws, etc. Scotland. 1695 Approx. 207 KB of XML-encoded text transcribed from 39 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). A58639 Wing S1269 ESTC R40608 19409740 ocm 19409740 108831 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58639) Transcribed from: (Early English Books Online ; image set 108831) Images scanned from microfilm: (Early English books, 1641-1700 ; 1678:1) The laws and acts made in the fifth session of the first Parliament of Our Most High and Dread Soveraign William, by the grace of God, King of Scotland, England, France and Ireland, defender of the faith holden and begun at Edinburgh, May 9. 1695 by John Marquess of Tweeddale ... with the special advice and consent of the estates of Parliament / collected and extracted from the registers and records of Parliament, by George, Viscount of Tarbat ... Laws, etc. Scotland. Cromarty, George Mackenzie, Earl of, 1630-1714. Tweeddale, John Hay, Marquess of, 1626?-1697. [2], 67, [8] p. Printed by the heirs and successors of Andrew Anderson ..., Edinburgh : 1695. "Cum privilegio." Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Law -- Scotland. Scotland -- History -- 1689-1745. 2003-07 TCP Assigned for keying and markup 2003-08 SPi Global Keyed and coded from ProQuest page images 2003-09 John Latta Sampled and proofread 2003-09 John Latta Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion THE LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM , By the Grace of GOD , KING of SCOTLAND , ENGLAND , FRANCE and IRELAND , Defender of the Faith. Holden and Begun at EDINBVRGH , May 9. 1695. By JOHN Marquess of Tweeddale , Earl of Gifford , Viscount of Walden , Lord Hay of Yester , and Lord High Chancellor of this Kingdom . His Majesties High Commissioner for Holding the same , By Vertue of a COMMISSION under His Majesties Great Seal of this Kingdom . With the special Advice and Consent of the Estates of Parliament . Collected and Extracted from the Registers and Records of Parliament , by GEORGE Viscount of Tarbat , Lord M cLeod , and Castlehaven , &c. Clerk to His Majesties Councils , Exchequer , Registers and Rolls , &c. EDINBVRGH , Printed by the Heirs and Successors of Andrew Anderson , Printer to His most Excellent Majesty , Anno DOMINI 1695. CVM PRIVILEGIO . LAWS and ACTS Made in the FIFTH SESSION of the FIRST PARLIAMENT Of Our Most High and Dread SOVERAIGN WILLIAM , By the Grace of GOD , KING of SCOTLAND , ENGLAND , FRANCE , and IRELAND , Defender of the Faith. Holden at EDINBVRGH the 9 Day of May , 1695. I. ACT For a Solemn Fast. May 16. 1695. THE ESTATES OF PARLIAMENT , taking to their Consideration , the great Important War , wherein His MAJESTY continueth to be necessarly Engaged , for Defence of the True Reformed Religion , the Safety of this , and His other Kingdoms , and the Recovery and Establishment of the Rights , Liberties and Peace of the rest of Christendom , so much at this time Invaded and Disturbed , with the continual Hazards , to which His Majesties Sacred Person is thereby exposed ; As likewise the Dangers which do thence threaten this Kingdom , and all that can be dear to his Majesties good Subjects therein , either as Christians , or Men , both by Invasion from abroad , and the froward Disaffection , and restless Machinations of evil and unnatural Countrey-men at home ; And how much it is the Duty and Interest of all good Men , for these Causes , and on this Occasion , to implore the Mercy , Favour and Blessing of Almighty GOD , for Preservation of His Majesties Royal Person , and Directing , Assisting and Prospering Him in all His Counsels and Undertakings : And more especially , that GOD would countenance and assist Him in the present War , give Him Success to His Arms by Sea and Land , and defeat all the Designs , Counsels and Practices of His secret and open Enemies , both at home and abroad , for the Preservation of the True Protestant Religion , securing the Safety of these Kingdoms , and the happy restoring the Peace of Europe . And the Synod of Lothian and Tweeddale , now met at Edinburgh , having made Application to my Lord Commissioner for this end : Therefore His Majesty , with Advice and Consent of the said Estates of Parliament , doth hereby Command and Appoint , that the second Thursday of Iune next , being the thirteenth day of the said Moneth , be set apart as a day of Solemn Fasting and Humiliation , for making Prayers and Supplications to GOD , for the Ends above-mentioned ; and that the said day be Religiously and Strictly Observed by all Persons within this Kingdom : And Ordains all Ministers to read these presents publickly in their Congregations a Sunday at least before the said second Thursday of Iune next , appointed for keeping the said Fast ; Certifying such of the Leidges who shal not give due Obedience , or shal Contemn or Neglect the Keeping and Observing the said Day and Duties , that they shal be proceeded against by Fyning , not exceeding One hundred Pounds Scots Money , And Warrands and Commands the Sheriffs , Stewarts of Stewartries , Lords and Baillies of Regalities , and their Deputs , Justices of Peace , Magistrats of Burghs within their several Jurisdictions , to proceed against the Persons guilty , and exact the Fines accordingly , to be applyed , the one half to the Judge , and the other half to the Poor of the Paroch ; And certifying such Ministers as shal fail in their Duty , in not Reading this Proclamation , and observing the Duties therein prescribed , they shal be processed before the Lords of His Majesties Privy Council . And hereby requires all Sheriffs , Stewarts , Lords and Baillies of Regalities , and their Deputs Justices of Peace , Magistrats of Burghs , and their Clerks , to make Report to the Lords of His Majesties Privy Council , of these Ministers who shal fail of their Duty herein . And Ordains these Presents to be Printed , and Published at the Mercat Cross of Edinburgh , and hail remanent Mercat Orosses of the Head Burghs of the several Shires , and Stewartries within this Kingdom , that none may pretend Ignorance : And that Copies be dispatched in the usual manner , to the Sheriffs and Stewarts , Baillies of Regalities , or their Deputs , and Magistrats of Burghs ; as likewise to all Ministers , that they may seriously exhort all Persons to a sincere and devout Observance of the Premisses . II. ACT Regulating Citations before the Parliament . May 28 , 1695. HIS MAJESTY , with the Advice and Consent of the Estates of Parliament , finding it necessary that the order of summonding privat Parties to appear before them be cleared and regulat , Do therefore STATUTE and ORDAIN , that the manner of summonding privat Parties , in Actions raised either before , or during the sitting of the Parliament , shal be for hereafter , and from the Day and Date hereof in this manner , viz. That in prosecution of Protests for remeid of Law , the Party at whose instance Summonds is to be granted , may give in his Bill , containing the matter of his Cause or Complaint , Signed by himself , or an Advocat for him , which being subscribed by one of the six Clerks of Parliament , and presented before the sitting of the Parliament , to any of the Officers of State , or the time of the sitting of the Parliament , to the Lord Chancellor , or President of the Parliament for the time , or any of the said Officers of State , the same may be by them past in Course , and that as to all other Causes that may be brought before the Parliament , Summonds and Warrands for Citation shal for hereafter only be granted by deliverance either of Parliament in time of Parliament , or of the Lords of Session upon a summar Citation , to abide neither Continuation or Roll , in praesentia , in the Recesses and Intervalls of Parliament , upon a Bill containing Subscribed and Presented as above , and no otherwise : which Warrands for Citation being granted , Summonds in his Majesties Name shal be thereon directed , to Macers , if the Party cited be within the Town of Edinburgh , for summonding the said Party , if within the said Town of Edinburgh , on fourty eight hours , and if elsewhere within the Kingdom , ( excepting Orkney and Zetland ) upon fifteen days warning , or if in Orkney or Zetland , upon fourty days personally , or at his dwelling House ; or if without the Kingdom , upon sixty days warning , at the Mercat Cross of Edinburgh and Peer and Shoar of Leith , to compear before His Majesty , and the said Estates of Parliament , where and when the Parliament shal be appointed to meet , or shal be met for the time , with continuation of days , and with certification . And also , for summonding of Witnesses , as is usual before the Lords of Council and Session , which Summonds to be expede by deliverance , as said is , shal pass under the Signet of the Session ; and the Party at whose instance the same is raised , shal pay to the Clerk of Parliament or Session aforesaid , for writing and subscribing of the Bill and Letters , the Sum of twelve Pound Scots and no more , on any pretence whatsoever , and for affixing the Signet the Sum of three Pounds Scots and no more : Declaring that if any Adjournment of Parliament one or more shal happen to interveen , betwixt the giving of Citations , in manner foresaid , and the day of Compearance , the foresaid Summonds shal nevertheless still stand in force , for obliging the Parties and Witnesses summoned to compear at the day to which the Parliament shal be adjourned , and when ever the same shal first meet . And furder , it is hereby declared , that at the said day of Compearance before the Parliament , being so met , or any other lawful day thereafter , it shal be leasome to the Clerks of Parliament , at the desire of the Party pursuer , to call the foresaid Summonds , after the opening of the House , and before the sitting down of the Parliament , at the patent Gate of the Parliament-house , and if the Party summoned compear , to mark the same , that the Summonds with the Executions , and the other Peices produced by the Pursuer may be given out to see and answer , to the effect the same may be seen and returned , within six days in the Common Form , and so the Cause or Complaint may be ready prepared for the Parliament , to proceed therein , when the same shal be again called in their presence : providing always , that no Decreets be given out in absence , but upon special Application to , and Sentence pronounced by the Parliament , and no otherwise . And excepting always from this Act , all Summonds of Treason , and for other publick Crimes , and Executions , and Processes thereupon , which are to proceed as formerly . And lastly , providing that the foresaid Citations to be made by deliverance of the Lords of Session , shal found no exception of Prejudiciality against any Party , in any Action , may be raised , until the foresaid Citation be called before , and sustained by the Parliament . III. ACT Adjourning the Summer-Session till the first of July 1695. May 30. 1695. OUR SOVERAIGN LORD Considering that the sitting of the Parliament , begun the ninth of May instant , may continue for the Month of Iune next , whereby the Leidges cannot attend the Summer Session in its ordinar time ; Do therefore ; with Advice and Consent of the Estates of Parliament , Adjourn the Session , ( which should be in course the first of June next ) to the first of Iuly next , continowing all Actions and Causes depending before the Lords of Session to the said first of July : And his Majesty dispenses in the mean time , with the sitting of all inferior Courts , as if the Session had not been adjourned , and notwithstanding of the sitting of the Parliament : And further Declares , that the time and space to run , betwixt the said first of Iune and the first of Iuly , shall not be reckoned in any short Prescription . And Ordains these Presents to be published at the Mercat-Cross of Edinburgh , and to be forthwith Printed , that the Leidges may be thereby certified thereof . IV. ACT Anent the Iustice Court. Iune 7 , 1695. OUR SOVERAIGN LORD , for the better Regulating of the Justice Court , and Facilitating and more sure Ordering of the Form and Method of Process therein used : Do therefore , with Advice and Consent of the Estates of Parliament , Statute and Ordain , that in all time coming , the Use and Custom hitherto observed in that Court of Advocats or Procurators their Dictating , and the Clerks writing of the Defences , Duplies , Triplies , Quadruplies and so forth for the Defender and Pursuer be discharged and laid aside , and that in place thereof , His Majesties Advocat or other Advocats or Procurators for the Pursuer , with the Advocats or Procurators for the Defender or Pannel debate the Relevancy viva voce , and that after the said Dispute viva voce is ended , then time be allowed by the Lords and Judges of the said Court , to the effect after-mentioned , and that the Kings Advocat , or Advocats , or Procurators for the Pursuer , do within the space of fourty eight hours , give in to the Clerk his Information in writing subscribed with his hand , that the Advocats or Procurators for the Pannel may take it up , and give in their Answers in writing also under their hands , within other fourty eight hours , which Information and Answers , shall be by the Clerk recorded in the Books of Adjournal , in place of the foresaid written Dispute formerly in use , and then at the Advising the said Information and Answers , shall be first read in open Court , and if any thing be found new on either side , and not noticed by the other Party , the Parties or Judges shall point the same to the other Party concerned , and hear both Parties thereon viva voce , the Clerk Minuting in presence of , and at sight of the said Judges what is so further Debated , and then the said Judges shal proceed to the Advising . And His Majesty with Advice and Consent foresaid , Ratifies , Approves , and Confirms the whole Rights , Powers and Priviledges of the said Court of Justice , and of the Lord Justice General , Lord Justice Clerk and other Judges , and all other Members thereof . And it is further hereby Statute and Ordained , that in all capital Crimes wherein inferior Criminal Courts were hitherto restricted , to try and execute within three Suns , this time shall be hereafter restricted to the Tryal and Sentence only , but not to the time of Execution , which is hereby left to the Discretion of the Judge , not exceeding nine days after Sentence . V. ACT Anent Principals and Cautioners . Iune 7. 1695. HIS MAJESTY and the Estates of Parliament , Considering the great Hurt and Prejudice , that hath befallen many Persons and Families , and oft times to their utter Ruine and Undoing , by mens Facility to engage as Cautioners for others , who afterwards failing , have left a growing Burden on their Cautioners without Relief : Therefore , and for Remeid thereof , His Majesty with Advice foresaid , Statutes and Ordains , that no man binding and engaging for hereafter , for and with another Conjunctly and Severally , in any Bond or Contracts for Sums of Money , shall be bound for the said Sums for longer than seven years after the date of the Bond , but that from and after the said seven years , the said Cautioner shall be eo ipso free of his Caution ; And that whoever is bound for another , either as Express Cautioner , or as Principal , or Co-principal , shall be understood to be a Cautioner , to have the benefit of this Act ; Providing , that he have either Clause of Relief in the Bond , or a Bond of Relief apart , intimat Personally to the Creditor at his receiving of the Bond , without prejudice always to the true Principals , being bound in the whole Contents of the Bond or Contract ; As also , of the said Cautioners being still bound , conform to the Terms of the Bond within the said seven years , as before the making of this Act ; As also providing that what Legal Diligence by Inhibition , Horning , Arrestment , Adjudication , or any other way , shall be done within the seven years by Creditors against their Cautioners , for what fell due in that time , shall stand good , and have its Course and Effect after the expyring of the seven years , as if this Act had not been made . VI. ACT Regulating the Sale and Payment of Bankrupts Estates . Iune 18 , 1695. HIS MAJESTY with Advice and Consent of the Estates of Parliament , for the further Clearing and Explaining of former Laws , anent the Sale of Bankrupts Estates , Statutes , Enacts , and Declares , that it shall be lawful to all Purchasers of Bankrupts Estates , after the space of one year , counting from the Decreet of Sale , and to such as have obtained Decreets of Sale , after the Term of Whitsunday one thousand six hundred and ninety six years , to consign the whole Price offered , with the Annualrent due at the time of the Consignation , or so much thereof , as remains in the hands of the Purchaser , over and above what is warrantably payed to Creditors preferred by the Lords of Session , in the hands of the Magistrats and Town Council of Edinburgh , and their Thesaurer for the time , who are hereby obliged and ordained to receive the same , upon their Receipt in the Terms after-mentioned : And for the greater benefit of the Creditors , are further allowed to keep in their hands the consigned Money , for the space of a year from the next Term of Candlesmass , Whitsunday , Lambmass , or Martinmass after the Consignation , upon payment of three per Cent of Annualrent , ay and while it be called for : And the said Magistrats , Town Council , and Thesaurer of Edinburgh for the time , shall be , and are hereby obliged to make forthcoming , the consigned Money in whole , or in part , with the Annualrent thereof , at three per Cent as said is , according as they shal be ordered by the saids Lords of Session , with Certification if they failzie , that they shall be charged with Horning for that effect , and shall be thereafter lyable , not only in the tenth part of the principal Sum , called for in name of Penalty ; But also in the ordinary Annualrent of the said principal , ay and while the compleat payment thereof . And because Purchasers of Lands affected with Liferents , have Retention of a share of the Price : It is hereby Declared , that the Purchaser shall be allowed to consign what remains in his hands , after the Decease of the Liferenter in manner foresaid ; he always , making due Intimation of the Consignation to the Creditors who got the rest of the Price . And His Majesty with Consent foresaid , Statutes , Enacts , and Declares , that the Purchaser paying the Price offered to the Creditors , according as they are or shall be Ranked and Preferred by the Lords of Session , or consigning the same in manner foresaid , shall be for ever exonered , and the Security given for the Price , shall be delivered up to be cancelled , and the Lands and others Purchased and Acquired , disburdened of all Debts or Deeds of the Bankrupt or his Predecessors , from whom he had Right , and that the Bankrupt , his Heirs , or appearand Heirs , or Creditors without Exception of Minority , not compeating or conceiving themselves to be prejudged , shall only have Access to pursue the Receivers of the Price and their Heirs , and reserving to the Minor Leased his Relief as accords : And further , His Majesty with Advice and Consent foresaid , doeth hereby Authorise the Lords of Session , to grant warrant for charging the Magistrats and Thesaurer of Edinburgh for the time , to make payment of the Sums consigned to the several Creditors according to their Preferences , upon the saids Creditors their several Applications to the Lords , and consigning in the Clerks hands , Dispositions and Conveyances in favours of the Purchasers , in so far as their several Rights may affect the Purchase ; As also , in case any Debate remain undetermined amongst the Creditors anent their Preferences , it shall be lawful to the saids Lords , upon Application of the saids Creditors , to grant warrand for uplifting and employing the Sums consigned , upon sufficient Security bearing Annualrent . VII . ACT For six Months Supply upon the Land-Rent . Iune 20. 1695. THe Estates of Parliament taking into their Consideration , the Dangers that still threaten this Kingdom , by reason of the Continuance of the present War , which visibly require the keeping up of the standing Forces , and the Supplies necessary for their Maintainance ; Do therefore humbly and cheerfully for themselves , and in name of this Kingdom whom they represent , make offer to His Majesty of a Supply of Four hundred thirty two thousand pound , extending to six Months Cess ; which new Supply , is to be raised and uplifted out of the Land-rent of this kingdom in the same manner , and conform to the Proportions of the Shires and Burghs contained in the sixth Act of the second Session of this Current Parliament , dated the seventh day of Iune 1690 , providing always that the Proportions of Burghs , be rated and payed as their Tax-roll now is , or that be settled by themselves ; and this Supply to be payed in two parts , either answering to three Months Cess , viz. Two hundred and sixteen thousand pounds as being the first half thereof , to be payed betwixt and the first day of August , in this present year One thousand six hundred and ninety five : and the other two hundred and sixteen thousand pound , as the other half thereof , betwixt and the first of February , One thousand six hundred ninety six years . And His Majesty considering , that this Supply is granted for such a necessary use , Doth with Advice and Consent of the Estates of Parliament , Declare , that no Person or Persons shall be Exempted from payment of their Proportions of this Supply for their Lands , upon any pretext whatsoever ( excepting Mortified Lands , and the Lands of New-milns , belonging to the WoolenManufactory there , for which Mortified Lands , and Lands of New-milns , Deduction is to be allowed in the Quota of the respective Shires ) notwithstanding of any former Law , Priviledge , or Act of Parliament in the contrary . And His Majesty with Advice and Consent foresaid , doth Nominat and Appoint the same Persons , who are named in the foresaid Act of Parliament , who are alive , and have qualified themselves according to Law , or shall qualifie themselves betwixt and the last Tuesday of Iuly next to come , and such others as have been since Nominat by the Privy Council , to be Commissioners for ordering and uplifting this Supply ; with the same power to them , to Choice their own Clerk , and to do every thing that may concern the said Supply , as is prescribed and appointed by the said Act , holding the same as repeated herein , and Ordains the same Execution to pass for In-bringing thereof , as is provided by that Act in all points . And Ordains the first Meeting of the said Commissioners for the Shires , to be at the Head Burghs thereof upon the third Tuesday of Iuly next , at ten of the Clock , for the Shires on this side of the River of Tay : And the last Tuesday of Iuly next , for the Shires benorth Tay. And requires the Sheriffs and Stewarts , or their Deputs , to intimat the same to the Commissioners of the respective Shires and Stewartries , with power to them to appoint their subsequent Dyets of Meeting and their Conveener from time to time : And also to appoint Collectors with sufficient Caution , as they shall think fit . And commits to His Majesties Privy Council , upon the Death or not Acceptance of any of the Commissioners of Supply , appointed by this Act , to Nominat and Appoint others in their places . And His Majesty with Advice and Consent foresaid , does Declare , that all Clauses contained in the former Acts of Parliament , and Convention of Estates , in relation to the inbringing of the Cess , and Quartering , and anent Ryding Mony , shall stand in full Force as to this Supply now imposed , in the same manner as if they were insert herein ; except in so far , as these Acts of Parliament or Convention , are Innovat or Altered by the foresaid sixth Act of the second Session of this Current Parliament . And it is hereby Declared , that no Persons lyable in payment of this Supply , shall be holden to produce their Discharges or Receipts of the same , after three years from the respective Terms of payment , unless Diligence be done by Denunciation before elapsing of the said three years . And because by the Supply hereby granted , the Land-rent and Burghs of this Kingdom are only burdened ; and it being just that the Personal Estates in Money , should bear some Proportion of the Burden : Therefore , His Majesty with Advice and Consent foresaid , Statutes and Ordains , that every Debitor owing Money within the Kingdom at six per Cent of Interest , shall in the payment of his Annualrents for one year , have Retention in his own hands of one of six of the said Annualrents , and this Retention to be for the whole year , viz. from Whitsunday One thousand six hundred and ninety five , to Whitsunday One thousand six hundred and ninety six years . And it is hereby Declared , that it shall be Usury for any Creditor , not to grant the said Retention . Follows the Quota of Supply , payable Monthly by the several Shires of the Kingdom . THe Sheriffdom of Edinburgh , the sum of three thousand one hundred and eighty three Pounds , eight shillings Scots money Monthly . The Sheriffdom of Haddington , the sum of two thousand seven hundred and eighty two Pounds , six shillings . The Sheriffdom of Berwick , the sum of two thousand eight hundred and thirteen Pounds , one shilling . The Sheriffdom of Roxburgh , the sum of three thousand six hundred and eighty six Pounds , seventeen shillings , six pennies . The Sheriffdom of Selkirk , the sum of nine hundred and four Pounds , nine shillings . The Sheriffdom of Peebles , the sum of one thousand and fourty two Pounds , eight shillings . The Sheriffdom of Lanerk , the sum of three thousand and ninety one Pounds , twelve shillings . The Sheriffdom of Dumfreis , the sum of two thousand seven hundred and twelve Pounds , seventeen shillings . The Sheriffdom of Wigton , the sum of one thousand and four Pounds , fifteen shillings . The Stewartry of Kirkcudbright , the sum of one thousand six hundred and seventy four Pounds , eleven shillings . The Sheriffdom of Air , the sum of three thousand eight hundred and seventy Pounds , five shillings . The Sheriffdom of Dumbarton , the sum of seven hundred and sixty four Pounds , ten shillings . The Sheriffdom of Bute , the sum of three hundred and eight Pounds , eight shillings , and eight pennies . The Sheriffdom of Renfrew , the sum of one thousand three hundred and fifty three Pounds , seven shillings . The Sheriffdom of Striviling , the sum of one thousand seven hundred and fifty four Pounds , four shillings , and six pennies . The Sheriffdom of Linlithgow , the sum of one thousand one hundred and sixty nine Pounds , eighteen shillings . The Sheriffdom of Perth , the sum of five thousand and thirty eight Pounds , fourteen shillings . The Sheriffdom of Kincardine , the sum of nine hundred and eighty four Pounds , one shilling . The Sheriffdom of Aberdeen , the sum of four thousand and seventy seven Pounds , nineteen shillings . The Sheriffdom of Inverness , the sum of one thousand two hundred and thirteen Pounds , one shilling , and six pennies . The Sheriffdom of Ross , the sum of one thousand one hundred and thirty one Pounds , six shillings . The Sheriffdom of Nairn , the sum of two hundred and seventy seven Pounds , sixteen shillings . The Sheriffdom of Cromarty , the sum of two hundred and fourteen Pounds . The Sheriffdom of Argyle , the sum of one thousand nine hundred and fourty seven Pounds , ten shillings , and nine pennies . The Sheriffdom of Fife and Kinross , the sum of five thousand one hundred and seventy two Pounds . The Sheriffdom of Forfar , the sum of three thousand two hundred and seventy three Pounds , fifteen shillings . The Sheriffdom of Bamff , the sum of one thousand one hundred and fifty Pounds , four shillings . The Sheriffdom of Sutherland , the sum of three hundred and thirty six Pounds . The Sheriffdom of Caithness the sum of five hundred & ninety nine Pounds , five shillings . The Sheriffdom of Elgin , the sum of one thousand and fifty nine Pounds , five shillings . The Sheriffdom of Orkney and Zetland , the sum of one thousand and eighty eight Pounds , ten shillings . And the Shiriffdom of Clackmannan , the sum of three hundred and fifty two Pounds , seven shillings and three pennies Scots money . Follows the Quota of Supply , payable Monthly by the several Burghs of the Kingdom . The City of Edinburgh , the sum of three thousand eight hundred and eighty Pounds Scots Monthly . The Burgh of Perth , the sum of three hundred and sixty Pounds . The Burgh of Dundee , the sum of five hundred and sixty Pounds . The City of Aberdeen , the sum of seven hundred and twenty six Pounds . The Burgh of Stirling , the sum of one hundred and seventy two Pounds . The Burgh of Linlithgow , the sum of one hundred and fifty six Pounds . The City of St. Andrews , the sum of seventy two Pounds . The City of Glasgow , the sum of one thousand and eight hundred Pounds . The Burgh of Air , the sum of one hundred and twenty eight Pounds . The Burgh of Haddington , the sum of one hundred and ninety two Pounds . The Burgh of Dysart , the sum of thirty Pounds . The Burgh of Kirkaldy , the sum of two hundred and eighty eight Pounds . The Burgh of Montrose , two hundred and fourty Pounds . The Burgh of Couper , one hundred and eight Pounds . The Burgh of Anstruther-Easter , eighteen Pounds . The Burgh of Dumfreis , the sum of two hundred and thirty Pounds . The Burgh of Inverness , the sum of one hundred and eighty Pounds . The Burgh of Burnt-Island , the sum of seventy two Pounds . The Burgh of Innerkeithing , the sum of thirty Pounds . The Burgh of Kinghorn , the sum of fourty two Pounds . The Burgh of Breichin , the sum of fifty four Pounds . The Burgh of Irwine , the sum of sixty Pounds . The Burgh of Jedburgh , the sum of one hundred and two Pounds . The Burgh of Kirkcudbright , the sum of thirty six Pounds . The Burgh of Wigton , the sum of thirty six Pounds . The Burgh of Dumfermling , the sum of ninety Pounds . The Burgh of Pittenweem , the sum of thirty Pounds . The Burgh of Selkirk , the sum of seventy two Pounds . The Burgh of Dumbarton , the sum of thirty Pounds . The Burgh of Renfrew , the sum of thirty six Pounds . The Burgh of Dumbar , the sum of sixty Pounds . The Burgh of Lanerk , the sum of sixty Pounds . The Burgh of Aberbrothock , the sum of fifty four Pounds . The Burgh of Elgin , the sum of one hundred and thirty eight Pounds . The Burgh of Peebles , the sum of sixty six Pounds . The Burgh of Crayl , the sum of thirty six Pounds . The Burgh of Tain , the sum of thirty Pounds . The Burgh of Culross , the sum of twenty four Pounds . The Burgh of Bamff , the sum of fourty two Pounds . The Burgh of Whythorn , the sum of eight Pounds . The Burgh of Forfar , the sum of twenty four Pounds . The Burgh of Rothsay , the sum of thirty Pounds The Burgh of Nairn , the sum of nine Pounds . The Burgh of Forres , the sum of twenty four Pounds . The Burgh of Rutherglen , the sum of twelve Pounds . The Burgh of North-Berwick , the sum of six Pounds . The Burgh of Anstruther-Wester , the sum of six Pounds . The Burgh of Cullen , the sum of eight Pounds . The Burgh of Lauder , the sum of thirty Pounds . The Burgh of Kintore , the sum of nine Pounds . The Burgh of Annand , the sum of twelve Pounds . The Burgh of Lochmabban , the sum of eighteen Pounds . The Burgh of Sanquhar , the sum of six Pounds . The Burgh of New Galloway , the sum of six Pounds . The Burgh of Kilrenny , the sum of eight Pounds . The Burgh of Fortrose , the sum of eighteen Pounds . The Burgh of Dingwal , the sum of eight Pounds . The Burgh of Dornoch , the sum of eighteen Pounds . The Burgh of Queens-ferry , the sum of fifty four pounds . The Burgh of Inveraray , the sum of twenty four Pounds . The Burgh of Inverury , the sum of twelve Pounds . The Burgh of Week , the sum of twenty pounds . The Burgh of Kirkwal , the sum of seventy two Pounds . The Burgh of Inverbervy , the sum of six Pounds . The Burgh of Stranraer , the sum of twelve Pounds . Mr. John Buchan Agent for the Burrows to make up the Quota for the Burrows One thousand two hundred Pounds Scots . Follows the Commissioners of Supply , Ordered by the Parliament to be given in by the Noblemen and Commissioners from the several Shires ; in place of those dead , or not Qualified , since the Year 1690. For the Shire of Edinburgh . THE Lord Ross , Sir John Gibson , Dalmenie , Sir Robert Dickson of Sornebeg , Sir George Hamilton of Barnton , Carlops , Rickarton-Craig , James Murray of Poltoun , Mr. James Dalrymple of Killoch , Baillie Alexander Calderwood in Dalkeith , Sir James Stewart His Majesties Advocat , Sir William Baird of Newbyth , Baillie John Nairn in Dalkeith . For the Shire of Haddingtoun . The Earl of Roxburgh , Lord Alexander Hay , Mr. Alexander Hume of Crichne● , William Purvis younger of Ewfoord , James Moor of Bourhouses , John Hay of Athirstoun , John Hay of East-hope , James Rew of Chesters , Mr. Hugh Dalrymple of North-Berwick , Sir John Clerk of Pennycook , James Hume of Gamilshiels , David Maitland of Soutrac , William Skirvine of Plewlandhill , Thomas Hamilton of Olive-slob , Hoptouns Chamberlain , Patrick Cockburn of Clerkingtoun younger , Wauchope of Stotincleugh , James M cmorlan of the Earl of Haddingtouns Chamberlain . For the Shire of Roxburgh . The Earl of Roxburgh , the Laird of Riddel younger , the Laird of Mangertoun , the Laird of Boon-jedburgh , the Laird of Timpenden , John Scot of Weems , William Turnbull of Langraw , Walter Cairncross of Hilslop , James Lithgow of Drygrains younger , Robert Davidson of Hownam , Andrew Young of Oxnam-side , Robert Davidson of Marchcleugh , Mr. Archibald Douglas brother to Cavers , Gideon Eliot of Northsymptoun , William Scot of Burnhead . For the shire of Selkirk . The Earl of Roxburgh , Francis Scot of Balzielie , William Eliot of Borthwick-brae , George Curror of Hartwood-burn , William Ogilvy of Hartwood-myres , the Laird of Gala younger , the Eldest Baillie of Selkirk for the time , Mr. John Murray Sheriff Deput of Selkirk . For the shire of Peebles . Adam Murray of Cardon , Alexander Monteith of Chappel-hill , Alexander Veitch younger of Glen , William Burnet of Barns , John Law of Netherurd . For the shire of Lanerk . The Earl of Wigtoun , the Earl of Selkirk , James Master of Carmichael the Laird of Lee , Sir William Hamilton of Whitelaw , one of the Senators of the Colledge of Justice , Sir William Stewart of Castle-milk , John Baillie of Welstoun , John Somervel of Gladstones , Allan Lockart younger of Cleghorn , Gawin Hamilton of Raploch , the Laird of Blackwood younger , the Laird of Ferm younger , the Laird of Shiel-hill , William Somervel of Corehouse , Mr. Archibald Hamilton of Dalserff , the Laird of Munkland , the Laird of Boigs , John Hamilton of Udstoun , James Anderson of Stobcorss , the Laird of Cultness younger , John Wardrop of Drummarnock , the Laird of Mauldsly , the Laird of Braidisholm . For the Shire of Wigtoun . James Earl of Galloway , William Stewart younger of Castle-●ewart , Patrick M cdowal of Culgrot , John Dalrymple Son to the Master of Stairs . For the Shire of Air. The Earl of Lowdoun , the Lord Kennedy , the Lord Bargeny , Mr. William Cochran of Kilmaronock , the Laird of Langshaw younger , the Laird of Dunlap , the Laird of Ralstoun , Sir Archibald Muir of Thorntown , James Crawfurd of Newark , Thomas Boyd of Pitcoun , the Laird of Crawfurdland younger , Mr. Alexander Crawfurd of Fergusnil , John Crawfurd younger thereof , James Cochran of Mayns-hill , Neivin of Munkriding , William Cunninghame of Ashinyards , John Dalrymple Son to the Master of Stairs , Sir Iohn Cochran of Ochiltrie , Iohn Cochran of Waterside , Faucher of Gilmils-croft , William Baillie of Munktoun , Iames Campbel of Iurebank , the Lairds of Logan elder and younger , Hugh Crawfurd of Drumdow , Hugh Dowglass of Garallan , Adam Aird of Catharin , Iames M cAdam of Waterhead , the Laird of Dunduff , Kennedy younger of Drumellan , Iames Riddoch of Midtown Baillie of Cumnock , Mr. William Crawfurd of Dalragills , David Boswal of Brae-head , David Kennedy of Kirkmichael , Mr. Iohn Schaw of Drumgrains , Hugh Kennedy of Bennan . For the Shire of Renfrew . Porterfield of Duchil , Iames Hamilton of Aikenhead , Gawin Ralstoun of that Ilk , Ludovick Houstoun of Iohnstoun younger , Hall of Fulbarr Maxwells of Southbarr elder and younger . For the Shire of Stirling . The Lord Forrester , the Lord Cardross , the Laird of Bedlormie , Iohn Ross of Nuick , Archibald Buntin of Balglass , George Buchannan of Ballachrum , Thomas Buchannan of Roquhan , Iohn Buchanan of Cralgyvairn , Walter Buchannan of Balfunning , Iohn M cLauchlan of Auchintroig , Duncan Buchannan of Harperstoun , Iohn Forrest of Pardiven , David Forrester of Denovane , Iohn Cuthil of Stonniewood , Iames Rankin of Balhumilzear , Thomas Crawfurd of Manuel-miln , Iohn Campbel younger of Douan , Robert Forrest of Bankhead , Mr. Iohn Areskin present Governour of the Castle of Stirling , Robert Hay of Candy , Archbald Naper of Bankell . For the Shire of Linlithgow . The Earl of Annandale , the Lord Cardross , Lord Iohn Hamilton , Lieutenant Collonel Iohn Areskin , Iohn Dalrymple Son to the Master of Stairs , Iames Dowglass of Pompherstoun , David Dundass of Philipstoun , Patrick Dickson of Westbinnie , Iames Hamilton of Badderston , Iames Carmichael of Pottieshaw , the Laird of Duntarvie , the Laird of Barbachlay , the Laird of Wrae , the Laird of Duddingstoun younger , Patrick Dundass of Breastmiln . For the Shire of Kincardine . John Arbuthnet of Fordown , George Allardice of that Ilk , Mr. James Keith of Auchorsk Sheriff-deput of Kincardine , William Forbes younger of Moniemusk , Alexander Ross of Tullisnaucht , David Melvil of Pitgarvie , William Strauchan of Strath . For the Shire of Aberdeen . Mr. Patrick Ogilvie of Cairnbulg , William Frazer of Broadland , the Laird of Innercald , Mr. James Scougal , Mr. Robert Forbes of Birsmore , the eldest Baillie of Frazersburgh for the time being , the Laird of Mouny , John Forbes of Tulliegrig , Alexander Leslie of Little-Wartle , Mr. Alexander Frazer of Powis , John Forbes of Innerdraen , Alexander Keith of Kidshill , William Hay of Earnhill . For the Shire of Inverness . James Grant of Gallowie , Patrick Grant of Rothiemurchus , Robert Grant of Garthinmore , Patrick Grant of Raick , James Grant of Tulloch , William Grant of Dalliechappel . For the Shire of Cromartie . Hugh Rose of Kilravock , John Urquhart of Craighouse , Alexander Mackenzie of Bellon , AEneas Mackleod of Catboll , Mr. Roderick Mackenzie in Tarrel , Kenneth Mackenzie of Culbo , Adam Gordon of Dalfollic , Roderick Mackenzie of Navitie . For the Shire of Argile . James Campbel younger of Ardkinglass , Patrick Campbel of Duntroon , Colin Campbel Chamberlain to the Earl of Argile , Dougal Campbel younger of Kilberrick , Neil Macneil Fiar of Teynish , Robert Campbel Fiar of Carrick , Archibald Campbel of Clunes Baillie of Yla , Ronald Campbel of Laggan-Lochan , George Campbel of Dall , Archibald Campbel of Shindarlin , Donald Campbel of Glencaradel , John Campbel Baillie of Jura , Archibald Campbel of Craigage , Angus Campbel younger of Skipnedge . For the Shire of Fife . The Lord Yester , the Master of Yester , the Laird of Lundie , Sir Alexander Bruce of Broomhall , Mr. Alexander Anstruther of Newark , the Laird of Durie , Mr. John Prestoun of Drumraw , Thomas Beaton of Tarvit , the Laird of Murdocairnie , Macgill younger of Rankeillor , the Laird of Kirkness , the Laird of Dowhill , Mr. Robert Beaton of Craigfoodie younger , the Laird of Bannochy younger , the Laird of Dinboig , Mr. David Scrimzeour of Kirkmore , John Dempster younger of Pitliver , Weems of Bogie younger , the Laird of Bandone , John Melvil of Carskirdo , the Laird of Balcanquel younger , Mr. John Mitchel of Balbairdie , Lundie of Baldastard , George Moncreiff of Sauchope , John Hay of Naughtoun younger , Walter Boswell of Balbertoun , Alexander Swinton of Strathore , James Maxwel of Achibank , James Clelland of Piddennis . For the Shire of Forfar . The Laird of Loggie younger , the Laird of Strickathro , the Laird of Smiddiehill younger , the Laird of Rossie younger , Mr. James Lyel of Balhall . For the Stewartry of Kirkcudbright . James Earl of Galloway , Lord Bazile Hamilton , Patrick Horron of Kirrachtrie , John Mackie of Palgown , Alexander Mackie younger of Palgown , Mackulloch of Bareholm , William Muir Tutor of Cassincarrie , William Gordon of Schirmoirs , Robert Gordon of Garerie , James Gordon of Largmoir , Robert Gordon of Airds , William Maxwel younger of Newlands , Robert Macklellan of Barmagaleim , Charles Macklellan of Collin , Andrew Corsan of Balmagan , Grier of Dalscerth . For the Shire of Sutherland . George Monro of Culrain , AEneas Mackleod of Catboll , David Ross of Innerchasly , and David Sutherland younger of Kinnald . For the Shire of Caithness . Alexander Sinclair of Braibster , Mr. John Campbel Commissar of Caithness , James Murray of Clairdon , Mr. William Caldell of Galshfield , Daniel Budge of Tostingall , William Sutherland of Geese , John Sinclair of Forss , Donald Williamson of Banaskirk , Patrick Murray of Pennyland , George Sinclair of Barroch , David Sinclair of Freswick . For the Shire of Elgin . Ludovick Dumbar of Grainge , Joseph Brody of Milntown , the Laird of Innes younger , Alexander Brody of Duncairn , Robert Cumming of Relugus . For the Shire of Ross. The Laird of Gairloch , John Mackenzie of Cowle younger , Colin Mackenzie Uncle to the Laird of Gairloch , Mr. Simon Mackenzie of Allans , George Monro of Lamelair younger , Colin Robertson of Kindeis , Lauchlan Mackenzie of Assin younger , David Monro Tutor of Fyress , Robert Monro of Auchnagart , Hector Monro of Daan younger , AEneas Macleod of Catboll , William Ross of Easterfearn , Mr. Charles Mackenzie of Loggy , Mr. Alexander Mackenzie of Dachmaluick younger , Mr. Alexander Ross of Pitkearie , Abraham Lesly of Findrossie , Mr. George Mackenzie of Bellamuckie , Roderick Macleod of Cambuscutrie , Ronnald Bayn of Knockbayn , John Bayn younger of Tulloch , Mr. Colin Mackenzie of Muir , Alexander Forrester of Cullinald younger . VIII . ACT For a Company Tradeing to Affrica and the Indies . June 26. 1695. OUR SOVERAIGN LORD Taking into His Consideration , That by an Act past in this present Parliament , Intituled Act for encouraging of Forraign Trade ; His Majesty for the Improvement thereof , Did with Advice and Consent of the Estates of Parliament , Statute and Declare , That Merchants more or fewer may Contract and enter into such societies and Companies , for carrying on of Trade , as to any subject of Goods or Merchandise to whatsomever Kingdoms , Countries , or parts of the World , not being in War with His Majesty , where Trade is in use to be , or may be followed , and particularly , beside the Kingdoms and Countreys of Europe , to the East and West - Indies , the Streights , and to Trade in the Mediterranian , or upon the Coast of Affrica , or in the Northern parts , or elsewhere as above : Which Societies and Companies being Contracted and entered into , upon the terms and in the usual manner , as such Companies are Set up , and in use in other parts consistant always with the Laws of this Kingdom : His Majesty with Consent foresaid , did Allow and Approve , giving and granting to them and each of them all Powers , Rights and Priviledges , as to their persons ; Rules and Orders , That by the Laws are given to Companies allowed to be Erected for Manufactories ; And His Majesty for their greater encouragement , did promise to give to these Companies , and each of them his Letters patent under the great Seal , Confirming to them the whole foresaid Powers and Priviledges , with what other encouragement His Majesty should judge needful , as the foresaid Act of Parliament at more length bears . And His Majesty understanding that several persons as well Forraigners as Natives of this Kingdom , are willing to Engage themselves with great Sums of Money in an American , Affrican , and Indian Trade to be exercised in and from this Kingdom ; if inabled and incouraged thereunto by the Concessions , powers and priviledges needful and usual in such Cases . Therefore , and in pursuance of the foresaid Act of Parliament , His Majesty with Advice and Consent of the saids Estates of Parliament , Doth hereby make and constitute Iohn Lord Belhaven , Adam Cockburn of Ormistoun , Lord Justice Clerk , Mr. Francis Montgomery of Giffen , Sir Iohn Maxwell of Pollock , Sir Robert Chiesly present Provest of Edinburgh , Iohn Swintoun of that Ilk , George Clark late Baillie of Edinburgh , Mr. Robert Blakewood , and Iames Balfour Merchants in Edinburgh , and Iohn Corss Merchant in Glasgow , William Paterson Esquire , Iames Fowlis , David Nairn Esquires , Thomas Deans Esquire , Iames Cheisly , Iohn Smith . Thomas Coutes , Hugh Frazer , Ioseph Cohaine , Daves Ovedo , and Walter Stuart Merchants in London , with such others as shal joyn with them within the space of twelve Moneths after the first day of August next , and all others , whom the foresaid Persons and these joyned with them , or major part of them being assembled , shal admit and joyn into their Joint-Stock and Trade , who shal all be Repute , as if herein originally insert to be one Body Incorporate , and a free Incorporation , with perpetual Succession , by the Name of The Company of Scotland Trading to Affrica , and the Indies : Providing always , Likeas , it is hereby in the first place provided , that of the Fond or Capital Stock that shall be agreed to , be Advanced and Imployed by the foresaid Undertakers , and their Co-partners ; the half at least shal be appointed and allotted for Scottish men within this Kingdom , who shal enter and subscribe to the said Company , before the first day of August , one Thousand Six Hundred and Ninety Six Years : And if it shall happen , that Scots Men living within this Kingdom , shal not betwixt and the foresaid Term , subscribe for , and make up the equal half of the said Fond or Capital Stock , Then and in that case allannerly , It shall be , and is hereby allowed to Scots Men residing Abroad , or to Forraigners , to come in , Subscribe , and be assumed for the Superplus of the said half , and no otherwise : Likeas , the Quota of every mans part of the said Stock whereupon he shal be capable to enter into the said Company , whether he be Native or Forraigner , shall be for the least one Hundred lib. Sterl . And for the highest , or greatest three Thousand lib. Sterl . and no more directly nor indirectly in any sort : with power to the said Company to have a common Seal , and to alter and renew the same at their pleasure , with advice always of the Lyon King at Arms ; as also to Plead and Sue , and be Sued ; and to Purchass , Acquire , Possess , and enjoy Lordships , Lands , Tenements , or other Estate real or personal of whatsoever nature or quality , and to dispose upon and alienate the same , or any part thereof at their pleasure , and that by Transferrs and Assignment , made and entered in their Books and Records without any other formality of Law , Providing always , that such Shares as are first Subscribed for , by Scots Men within this Kingdom shal not be alienable to any other than Scots Men living within this Kingdom ; That the foresaid Transfers and Convoyancies as to Lands and other real Estate ( when made of these only and a part ) be perfected according to the Laws of this Kingdom anent the convoyance of Lands and real Rights , with power likewayes to the foresaid company , by Subscriptions or otherways , as they shall think fit to raise a joint Stock or capital Fond of such a sum or sums of Money , and under and subject unto such Rules , Conditions and Qualifications , as by the foresaid Company , or major part of them when assembled shal be limited and appointed to begin , carry on and support their intended Trade of Navigation , and whatever may contribute to the advancement thereof . And it is hereby declared , that the said joint Stock or capital Fond , or any part thereof , or any estate , real or personal , Ships , Goods , or other Effects of and belonging to the said Company , shal not be lyable unto any manner of confiscation , Seisure , Forfaulture , Attachment , Arrest or Restraint , for and by reason of any Embargo , breach of Peace , Letters of mark or reprisal , Declaration of War with any forraign Prince , Potentate , or State , or upon any other account or pretence whatsomever ; but shal only be transferable , assignable , or alienable in such way and manner and in such parts and Portions , and under such restriction , rules and conditions , as the said Company shal by writing in and upon their Books , Records and Registers direct and appoint , and these Transfers and Assignments only , and no other shal convoy the right and Property , in and to the said joint Stock , and capital Fond and effects thereof above-mentioned , or any part of the samen , Excepting always as is above-excepted , and that the Creditors of any particular Member of the Company may by their real Diligence affect the share of the profit falling , and pertaining to the Debitor , without having any further Right or Power of the Debitors part and Interest in the Stock or capital Fond , otherwise than is above-appointed , and with this express provision , that whatever charges the Company may be put to , by the contending of any of their Members Deceased , or of their Assigney , Creditors or any other persons in their Rights : The Company shal have retention of their Charges and Expenses in the first place , and the Books , Records , and Registers of the said Company or authentick Abstracts , or Extracts out of the same are hereby Declared to be good and sufficient for evidents in all Courts of Judicator , and else where . And His Majesty with Advice foresaid , farder Statutes and Declares , that the said Iohn Lord Beilhaven , Adam Cockburn of Ormistoun , Lord Justice Clerk , Mr. Francis Montgomery of Giffen , Sir Iohn Maxwel of Pollock , Sir Robert Chiesly present Provost of Edinburgh , Iohn Swintoun of that Ilk , George Clark late Baillie of Edinburgh , Mr. Robert Blakewood , and Iames Balfour Merchants in Edinburgh , and Iohn Corss Merchant in Glasgow , William Paterson Esquire , Iames Fowlis , David Nairn Esquires , Thomas Deans Esquire , Iames Chiesly , Iohn Smith , Thomas Coutes , Hugh Frazer , Ioseph Cohaine , Daves Ovedo , and Walter Stuart Merchants in London , and others to be joyned with , or assumed by them in manner above-mentioned , and their Successors , or major part of them assembled in the said Company , shall and may in all time coming by the plurality of Votes agree , make , constitute , and ordain all such other Rules , Ordinances and Constitutions as may be needful for the better Government and Improvement of their joynt Stock , or capital Fond in all matters and things relateing thereunto : To which Rules , Ordinances , and Constitutions , all persons belonging to the said Company , as well Directors as Members thereof , Governours , or other Officers , Civil or Military , or others whatsoever shall be subject , and hereby concluded ; As also to administrat and take Oaths de fideli , and others requisit to the management of the foresaid Stock and Company . And the said Company is hereby impowered to Equipp , Fit , Set out , Fraught , and Navigat their own , or hired Ships , in such manner as they shall think fit , and that for the space of ten years from the date hereof , notwithstanding of the Act of Parliament one thousand six hundred and sixty one Years , Intituled Act for encouraging of Shipping and Navigation , where with His Majesty with Consent foresaid dispenses for the said time allanerly , in favours of the said Company , and that from any of the Ports or Places of this Kingdom , or from any other parts or places in Amity , or not in Hostility with His Majesty , in Warlike or other manner to any Lands , Islands , Countreys , or Places in Asia , Affrica , or America , and there to Plant Collonies , build Cities , Towns , or Forts , in or upon the places not Inhabited , or in , or upon any other place , by consent of the Natives and Inhabitants thereof , and not possest by any European Soveraign , Potentate , Prince , or State , and to provide and furnish the foresaid Places , Cities , Towns , or Forts with Magazines , Ordinances , Arms , Weapons , Ammunition , and stores of War , and by force of Arms to de end their Trade and Navigation , Collonies , Cities , Towns , Forts , and Plantations , and other their effects whatsoever ; as also to make Reprisals , and to seek and take Reparation of Damnage done by Sea , or by Land , and to make and conclude Treaties of Peace , and Commerce with the Soveraigns , Princes , Estates , Rulers , Governours , or Proprietors of the foresaid Lands , Islands , Countreys , or Places in Asia , Affrica , or America ; Providing always , Likeas , It is hereby specially provided , that all Ships imployed by them shall return to this Kingdom with their effects , under the pain of Confiscation , Forefaulture , and Seizure of the Ship and Goods , in case of breaking of Bulk before their Return , excepting the case of Necessity , for preserving the Ship , Company and Loadning allanerly . And His Majesty with Consent foresaid , doth farder Statute and Ordain , that none of the Leidges of this Kingdom shall , or may Trade or Navigat to any Lands , Islands , Countreys , or Places in Asia , or Affrica , in any time hereafter , or in America , for , and during the space of thirty one years , to be counted from the passing of this present Act , without License and Permission in writing from the said Company : Certifying all such as shall do in the contrair hereof , that they shall Forefault and Omit the third part of the Ship , or Ships , and of the Cargo , or Cargoes therein Imployed , or the Value thereof , the one hal to His Majesty as Escheat , and the other half to the Use and Benefit of the said Company : For the effectual Execution whereof , it shall be lawful to the said Company , or any Imployed by them , to Seize the saids Ships and Goods in any place of Asia , or Affrica , or at Sea upon the Coasts of Asia , or Affrica , upon the transgression foresaid , by force of Arms , and at their own hand , and that without the hazard of incurring any Crime , or Delinquency whatsomever on account of the said Seizure , or any thing necessarly done in Prosecution thereof , excepting always , and without prejudice to any of the Subjects of this Kingdom to Trade and Navigat , During the said space to any part of America , where the Collonies , Plantations , or Possessions of the said Company shall not be settled . And it is further hereby Enacted , that the said Company shal have the Free and Absolute Right and Property , onely Relieving and Holding of His Majesty , and His Successors in Soveraignity , for the onely acknowledgment of their Allegeance , and paying yearly a Hogshead of Tobacco , in name of Blench-duty , if required allanerly , in , and to all such Lands , Islands , Collonies , Cities , Towns , Forts , and Plantations , that they shall come to Establish , or Possess in manner foresaid ; As also , to all manner of Treasures , Wealth , Riches , Profits , Mines , Minerals , Fishings , with the whole Product and Benefit thereof , as well under as above the Ground , and as well in Rivers and Seas , as in the Lands thereto belonging , or from , or by reason of the same in any sort , together with the Right of Government and Admirality thereof ; and that the said Company may by vertue hereof grant and delegat such Rights , Properties , Powers , and Imunities and permit and allow such sort of Trade , Commerce , and Navigation into their Plantations , Collonies , Cities , Towns , or Places of their Possession , as the said Company from time to time shall judge fit and convenient : VVith power to them to impose and exact such Customs , and other Duties upon and from themselves , and others Treading with , and coming to the said Plantations , Cities , Towns , Places and Ports , and Harbours thereof , as the Company shal think needful for the maintainance and other publick uses of the same , Holding always , and to hold the whole Premisses of His Majesty , and his Successors Kings of Scotland , as Soveraigns thereof , and paying only for the same , their acknowledgement and allegeance , with a Hogshead of Tobacco yearly , in name of Blench Duty , if required , for all other Duty , Service , Claim or Demand whatsomever . With power and liberty to the said Company to Treat for , and to procure and purchase such Rights , Liberties , Priviledges , Exemptions and other Grants , as may be convenient for supporting , promoting , and enlarging their Trade and Navigation from any foreign potentate or Prince whatsoever , in amity with his Majesty ; for which the general Treaties of Peace and Commerce betwixt His Majesty and such Potentates , Princes , or States shal serve for sufficient Security , Warrand and Authority , and if contrair to the saids Rights , Liberties , Priviledges , Exemptions , Grants , or Agreements , any of the Ships , Goods , Merchandise , Persons , or other Effects whatsoever , belonging to the said Company , shal be slopt , detained , embazled , or away taken , or in any sort prejudged or damnified ; His Majesty promises to interpose his Authority , to have restitution , reparation and satisfaction made for the Dammage done , and that upon the publick Charge , which His Majesty shal cause depurse , and lay out for that Effect . And farder , it is hereby Statute , that all Ships , Vessels , Merchandise , Goods , and other Effects whatsoever belonging to the said Company , shal be free of all manner of Restraints , or Prohibitions , and of all Customs , Taxes , Cesses , Supplies , or other Duties Imposed , or to be Imposed by Act of Parliament , or otherwise , for and during the space of twenty one years , excepting alwise the whole Duties of Tobacco and Suggar , that are not of the Growth of the Plantations of the said Company . And farder , it is Enacted , that the said Company by Commission under their common Seal , or otherwise as they shal appoint , may make and constitute all and every their Directors , Governours , and Commanders in Chief , and other Officers Civil or Military by Sea , or by Land ; As likewise that the said Company may Inlist , Inroll , Agree and Retain all such persons Subjects of this Kingdom , or others whatsoever , as shal be willing and consent to enter in their Service or Pay , providing always that they Uplift or Levy none within the Kingdom to be Soldiers , without Leave or Warrand first obtained from His Majesty , or the Lords of His Privy Council , over which Directors , Governours , Commanders in Chief , or other Officers Civil or Military , and others whatsoever in their Service and Pay , the Company shal have the Power , Command and Disposition both by Sea and Land. And it is farder Statute , That no Officer Civil or Military , or other Person whatsoever within this Kingdom , shal Impress , Entertain , Stop or Detain any of the Members , Officers , Servants or others whatsoever , off , or belonging to the said Company , And in case the said Company , their Officers or Agents , shal find or understand any of their Members , Officers , Servants , or others aforesaid to beImpressed , Stopped or Detained , they are hereby Authorized and Allowed to take hold of , and Release the foresaid Person Impressed or Stopped in any part of this Kingdom , either by Land or Water ; and all Magistrats and others His Majesties Officers Civil and Military , and all others are hereby required in their respective Stations , to be Aiding and Assisting to the said Company , under the Pain of being lyable to all the Loss , Dammage , and Detriment of the said Company , by reason of the foresaid persons their neglect . And farder that the said Company , whole Members , Officers , Servants , or others belonging thereto , shal be free , both in their Persons , Estates , and Goods , Imployed in the said Stock and Trade , from all manner of Taxes , Cesses , Supplies , Excises , Quartering of Souldiers Transient or Local , or Levying of Souldiers , or other Impositions whatsoever , and that for and during the space of twenty one years . And lastly , all Persons Concerned or to be Concerned in this Company , are hereby Declared to be free Denizons of this Kingdom , and that they with all that shal Settle to Inhabit , or be Born in any of the foresaid Plantations , Collonies , Cities , Towns , Factories , and other Places that shal be Purchast and Possest by the said Company , shal be repute as Natives of this Kingdom , and have the Priviledges thereof . And generally , without Prejudice of the Specialities foresaid , His Majesty with Consent foresaid , Gives and Grants to the said Company , all Power , Rights and Priviledges , as to their Persons , Rules , Orders , Estates , Goods and Effects whatsoever , that by the Laws are given to Companies allowed to be Erected for Manufactories , or that are usually given in any other Civil Kingdom or Common-wealth , to any Company there Erected for Trade and Commerce . And for the better Establishment and greater Solemnity of this Act and Gift , in Favours of the said Company , His Majesty doth farder Ordain Letters Patent to be expede hereupon , containing the whole Premisses vnder the Great Seal of this Kingdom , for doing where of Per Saltum ▪ Thir Presents shal be sufficient Warrand both to the Director and Chancellor , or Keeper of the Great Seal , as use is in like Cases . IX . ACT Adjourning the Session till the First Day of November 1695. Iune 27. 1695. WHereas , by a former Act in this Session of Parliament , the sitting of the Session was Adjourned until the first day of Iuly next , which time being found yet too short , His Majesty , with Advice of the Estates of Parliament , continues the foresaid Adjournment until the first Day of November next to come , in the Terms , and with the Qualifications contained in the said first Act of Adjournment of the Session in all Points . X. ACT for Pole-Money . Iune 27. 1695. THe Estates of Parliament taking to their Consideration , that in regard of the great and eminent Dangers that threaten this Kingdom from forraign Enemies , and intestine Disaffection , and the Designs of Evil Men , and that our Coasts are not sufficiently Secured against Privateers ; and that therefore it is Necessar , that a compleat Number of Standing Forces be maintained , and Ships of War provided for its necessary Defence ; as also considering , that beside the Supplie upon the Land-Rent , other Fonds will be requisit for the foresaid End , do for one of these Fonds freely and chearfully offer to His Majesty an Subsidy to be uplifted by way of Pole-money , and for making of which Offer Effectual , His Majesty , with Advice and Consent of the Estates of Parliament foresaid , doth Statute and Ordain , That all Persons of whatsoever Age , Sex , or Quality , shal be subject and lyable to a Pole of Six Shilling , except Poor Persons who live upon Charity , and the Children under the Age of Sixteen years , and in familia of all these Persons whose Pole doth not exceed One Pound Ten Shilling Scots . That beside the said Six Shilling imposed upon all the Persons that are not excepted : A Cottar having a Trade shal pay Six Shilling more , making in the hail Twelve Shilling for every such Cottar . That for Each Servant shal be payed by the Master , for which the Master is impowred to retain the fourtieth Part of his yearly Fee , whereof Bountieth to be reckoned a part , ( excepting Livery Cloaths ) in the Number of which Servants are understood , all who receive Wages or Bountieth for any Work , or Imployment whatsoever , for the Term or the Year as they have , or shall serve , and in Case they be not Alimented in Familia with their Masters , then if they be not above the Degree of a Cottar or Hynd , they are to have two third Parts of Wages and Bountieth , or if above the said Degree one Third part of Wages and Bountieths , first deduced for their Aliment . That all Sea-men pay Twelve Shilling Scots in name of Pole. That all Tennents pay in name of Pole to the King , the hundreth part of the valued Rent , payable by them to the Master of the Land , and appoints the Master of the Ground to adjust the Proportions of this Pole amongst his Tennents , according to the respective Duties payable by them in Money or Victual , effeiring to his valued Rent . That all Merchants , whether Sea-men , Shop-keepers , Chapmen , Tradesmen and others , whose free Stock and Means ( not Including Workmens Tools , Houshold-plenishing , nor Stocks of Tennents upon the Farms and Possession ) is above five hundreth Merks , and doth not extend to five thousand Merks , shal be subject and lyable to two pound ten Shilling of Pole. And that all these ( not including as above ) whose free Stock and Means is above five thousand Merks , and does not extend to ten thousand Merks , shal be subject to four pound of Pole. That all Merchants , whether Sea-men , Shop-keepers , Chapmen , Trades-men and others ( not including as above ) whose free Estate and Stock extends to , or is above ten thousand Merks in Worth and Value , shall be lyable to ten pound of Pole. That all Gentlemen so holden and repute , and owning themselves to be such , and who will not renounce any pretence they have to be such , and which Renunciations shal be recorded in the Herauld . Register gratis , shal be subject and lyable to three pound of pole-money , if they be not otherways classed , and upon another Consideration be subject to a greater Pole. That all Heretors of twenty pounds , and below fifty pounds of valued Rent , be subject and lyable to twenty Shilling of Pole-money . That all Heretors of fifty pounds and below two hundred pounds of valued Rent , be subject and lyable to four pounds of Pole-money . That all Heretors of two hundred pounds , and under five hundred pounds of valued Rent , be lyable to nine pounds of Pole-money . That all Heretors of five hundred pounds or above the same , and under one thousand pounds of valued Rent , be subject and lyable to twelve pounds of pole-money , and that they pay half a Crown for each of their Male-Children living in familia . That all Heretors of one thousand pounds of valued Rent , and above the same , and all Knight Baronets and Knights , be subject and lyable to twenty four pounds of Pole-money , and that they pay for each of their Male-Children in familia three pounds . That all Lords pay fourty pounds of Pole-money . That all Viscounts pay fifty pounds of Pole-money . That all Earls pay sixty pounds of Pole-money . That all Marquesses pay eighty pounds of Pole. That all Dukes pay an hundred pounds of Pole. That the Sons of Noblemen pay according to their Ranks , viz. All Dukes eldest Sons as Marquesses , and their youngest Sons as Earls . All Marquesses eldest Sons as Earls , and their youngest Sons as Viscounts . All Earls eldest Sons as Viscounts , and their younger Sons shal be lyable in twenty four pounds of Pole. All Viscounts , and Lords Sons shal be lyable in twenty four pounds of Pole. That all Widows whose Husbands would have been lyable to one pound ten shilling of Pole or above , are to be subject and lyable to a Third-part of their Husbands Pole , except Heiresses , who shal be subject to the same Pole their Predecessors would have been . That all Nottars and Procurators before Interior Courts , and Messengers at Arms , are to be subject and lyable to four pounds of Pole-money . That all Writers not to the Signet , Agents and Clerks of Inferior Civil Courts , and Macers and Under-clerks of Session , shal pay six pounds of Pole-money . That all Advocats , Clerks of Soveraign Courts , Writers to the Signet , Sheriffs and their Deputs , Commissars and their Deputs , Doctors of Medicine , Appothecaries , Chyrurgeons , and others repute Doctors of Medicine , pay twelve pounds of Pole. That all Commissionat Officers of the Army upon Scots pay shal be lyable in two days Pay for their Pole. That all persons who are to pay the said respective Poles , tho they be Poled in different Capacities , are only to pay at the highest rate above-mentioned , and that always over and above the general Pole. And for the better Stating , Ordering and Uplifting of the said Pole , His Majesty with Advice foresaid , a Statutes and Ordains , that the Commissioners of Assessment or their Quorum , shall meet and conveen at the ordinar place of their Meeting , upon the second Tuesday of August , One thousand six hundred ninety five years ; or shall appoint such other Heretors as they shall think fit , and there shall divide the whole Commissioners , whether present or absent , or shall appoint such other Heretors as they shall think fit , into such Divisions as they shall think meet , appointing Paroches one or more for Commissioners one or more , as they shall see convenient , to meet the last Tuesday of the said Moneth of August , at the respective places to be appointed , impowering the saids Commissioners to take up Rolls and Lists of all the Poleable persons within the respective Bounds appointed to them , containing the Names , Qualities and Degrees of the several persons , and of the value of the Estates belonging to them , conform to the said Act. And ordains the Magistrats of Burrows Royal to meet the Third Tuesday of the said Month of August , and to take up Rolls and Lists of all the Poleable persons within the respective Burghs , containing their Names , Qualities and Degrees , and the value of their Estates ; And which Commissioners and Magistrats of Burghs are to give Intimation at the Kirk-door upon a Sunday , upon three days warning at least to the persons to be Poled , to compear before them at the Paroch-Church , and give up their Names , Qualities , Degrees , and Values of their Estates , to the effect the respective Poles may be stated and set down by the said Commissioner , or Commissioners of Assessment , or Magistrats of Burghs respective , and which Rolls the saids persons are to give up , or send under their hand , if they can write , otherwise if they cannot write , their Name , Quality , Degree , and Estate , shal be marked by the Clerk , as they give it up , excepting Tennents , whose Names , and the Pole-money payable by them , shall be given and sent by their Masters under their Hand , with Certification , that such as do not Compear , or send under their Hands their Names , Qualities , and value of their Estates , or do give up their Quality , Degree , or Value of their Estates , otherways than it should be , they shall be lyable in the Quadruple of their Pole , the equal half whereof shall belong to the Informer , who shall make the same appear . And which Lists and Rolls , being so made up within the respective Sub-divisions , shall be Recorded and Booked in a Register of the Shire , or Burgh for that purpose : whereof there shall be an Abstract sent to the Lords of the Thesaurie , betwixt and the first of October , one thousand six hundred ninety five years , containing the number of the persons in the several Classes and Ranks above specified , with the Extent of their Pole. And his Majesty , with Advice and Consent of the saids Estates of Parliament , Ordains the foresaid Pole-money to be payed at the Term of Martinmass , one thousand six hundred ninety five years , or within thirty days thereafter , at the respective Paroch kirks , where the persons concerned dwell , for which Discharges are to be given to the Payers gratis . And requires the Commissioners of Assessment , and Magistrats of Burghs , or the Farmers , in case the same shall be set in Farm , to cause Intimation to be made for the payment thereof , at the Kirk-Doors of the several Paroch-Kirks upon the first Sunday of October one thousand six hundred ninety five . Certifying such as shall not make punctual payment at the said Term of Martinmass , one thousand six hundred ninety five , or within the said thirty days thereafter , shall be lyable in the double , if paying within other thirty days thereafter , or if failzieing after both the saids thirty days , in the quadruple of their Pole : and ordains Execution to be used against them for the same , by Poynding of their readiest Goods , or Imprisoning their Persons ; the foresaid Poynding and Imprisonment alwayes proceeding upon the Sentence of one of the Commissioners for the Assessment , or any other inferior Judge where the person lives . Likeas His Majesty with Advice and Consent foresaid , hereby impowers the Lords of Privy Council , to order and appoint such furder methods and courses as they shall judge fit for stateing and inbringing of the Pole-money aforesaid , and to allow out of the said Pole-money such Charges and Expenses as shall be necessary for Execution of this Act. And His Majesty and Estates aforesaid , do hereby strictly appropriat , destinat , and appoint the Sums to be raised by this Act , for the ends and uses above-specified , conform to His Majesties Letter , whereof Three hundred thousand Pound to be bestowed in the first place , for providing and maintaining of the Ships of War for one year , and which Money the Lords of Thesaury are hereby ordained to furnish and answer to the Commissioners of Admirality , when called for , to the effect above-specified : and also the Lords of Privy Council are hereby fully impowered to decide and determine all Questions and Difficulties hereby undetermined , that may arise anent the premisses . And lastly , it is hereby declared , that no persons lyable in payment of this Pole , shall be holden to produce their Discharges , or Receipts of the same , after the Term of Martinmass , one thousand six hundred ninety six years , conform to His Majesties Letter . XI . ACT Against Blasphemy . June 28. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , does hereby Ratifie , Approve , and Confirm the twenty first Act of the first Session of the first Parliament of King Charles the second , Intituled , Act against the Crime of Blasphemy , in the hail Heads , Clauses , and Articles thereof , and Ordains the same to be put to Due and Punctual Execution : And farder , His Majesty with Advice and Consent foresaid , Statutes and Ordains , that whoever hereafter , shall in their Writing or Discourse , Deny , Impugn , or Quarrel , Argue , or Reason against the Beeing of God , or any of the Persons of the Blessed Trinity , or the Authority of the Holy Scriptures of the Old and New Testaments , or the Providence of God in the Government of the World , shall for the first Fault be punished with Imprisonment , ●ay and while they give Publick Satisfafaction in Sackcloth to the Congregation , within which the Scandal was committed . And for the second Fault , the Delinquent shall be fyned in an Years Valued Rent of his Real Estate , and the twentieth part of his free Personal Estate , ( the equal half of which Fines , are to be Applyed to the Use of the Poor of that Paroch , within which the Crime shal happen to be Committed , and the other half to the Party Informer , ) besides his being Imprisoned , ay and while he make again Satisfaction ut supra . And for the third Fault , he shall be punished by Death as an obstinat Blasphemer : Likeas , His Majesty with Advice and Consent foresaid , hereby Authorizes , and Strictly Requires , and Enjoyns all Magistrats , and Ministers of the Law , and Judges within this Kingdom , to put this present Act in Execution as to the first Fault . And does hereby Impower and Require all Sheriffs , Stewarts , Baillies of Bailliaries , and Regalities , and their Deputs , and Magistrats of Burghs , to put this present Act in Execution as to the second Fault . And as to the third Fault , His Majesty with Advice and Consent foresaid , Remits the Execution of this present Act to the Lords of His Majesties Justiciary . XII . ACT Against irregular Baptisms and Marriages . Iune 28. 1695. OUR SOVERAIGN LORD Considering , that the Baptizing of Children , and Solemnizing of Marriage by the Laws and Custom of this Kingdom , and by the Constitutions of this Church , have alwise been done by Ministers of the Gospel Authorized by Law , and the Established Church of this Nation ▪ And that notwithstanding thereof , several Ministers now outed of their Churches do presume to Baptize Children , and Solemnize Marriage without Proclamation of Banns , or Consent of Parents , and sometimes within the forbidden Degrees : Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Strictly Prohibits and Discharges all outed Ministers , to Baptize any Children , or Solemnize Marriage betwixt any Parties in all time coming , under the Pain of Imprisonment , ay and while he find Caution to go out of the Kingdom , and never to return thereto , and remits the Execution of this Act to the Ministers of the Law , who are to assist to the Execution of the twenty third Act of the fourth Session of this Parliament , for Settling the Quiet and Peace of the Church : Declaring alwise , that this present Act is without prejudice to the Acts of Parliament already made against privat and Clandestine Marriages , which are hereby Declared to stand in full force , and that Execution may proceed on the saids Acts at the Instance of the Parties concerned , or of the Procurator-Fiscals of the Jurisdictions , where they shall happen to be questioned . XIII . ACT Against Prophaneness . Iune 28. 1695. OUR SOVERAIGN LORD , and Estates of Parliament , considering that the Twenty fifth Act of the Second Session of this current Parliament , Intituled , Act against Prophaneness , And the Acts Generally and Particularly therein-ratified , has not taken the wished Effect , through the negligence of the Magistrats , Officers , and others concerned to put the same in execution ; Do hereby Authorize , and strictly Require and Enjoyn all Sheriffs and their Deputs , Stewarts and their Deputs , Baillies of Baillities and Regalities and their Deputs , Magistrats of Burghs-Royal and Justices of Peace within whose Bounds any of the Sins forbidden by the saids Laws shal happen to be committed , to put the saids Acts to exact and punctual Execution , at all times , without necessity of any dispensation ; and against all persons , whether Officers , Souldiers , or others without exception ; with this Certification , that such of the saids Judges as shal refuse , neglect or delay to put the saids Laws in execution , upon application of any Minister , or Kirk-Session , or any Person in their name , giving in Information , and offering sufficient Probation against the Offender , that every one of the saids Judges swa refusing , neglecting , or delaying , shal toties quoties be subject and lyable to a Fyne of One hundred Pounds Scots , to be applyed for the use of the poor of the Parish , where the Scandal complained on was committed : Declaring hereby That the Agent for the Kirk , the Minister of the Parish , or any other Person , having Warrand from him , or from the Kirk Session within the Parish whereof the Scandal complained on was committed , shal have good interest to pursue before the Lords of Session , any of the foresaid Judges , who shal happen to refuse , neglect , or delay to put the saids Laws against Prophaneness to exact and punctual execution , who are hereby ordained to proceed summarly , without the order of the Roll , and that it shal be a sufficient Probation of their refusal , neglect or delay , if the Pursuer instruct by an Instrument under a Nottars hand , and Witnesses thereto Subscribing and Deponing thereupon , that he did inform the saids Judges of the said Scandal , and offered a sufficient Probation thereof , unless the Judge swa pursued condescend and instruct , that within the space of ten Days after the said Application , he gave order to Cite the Party Complained on , to compear before him , within the space of ten Days , and that at the day of Compearance he was ready and willing to have taken Cognition and Tryal of the Scandal complained on , and Instruct and Condescend on a relevant Reason , why the said Laws were not put in execution against the Person complained on . XIV . ACT For restraining the prophanation of the Lords Day , by keeping Weekly-Mercats on Munday and Saturnday . Iune 28. 1695. OUR SOVERAIGN LORD Considering , that there is much occasion given for Profanation of the Lords-Day , by keeping of Weekly-Mercats on Munday and Saturnday , and that for preventing of this Abuse , there are several Acts of Parliament prohibiting the keeping of Weekly-Mercats the saids Days within Royal-Burghs ; But the saids Acts not comprehending the Burghs of Regality and Barrony , and Weekly-Mercats in Villages and Kirk-Towns , the saids Burghs , Villages and Kirk-Towns are necessitate to keep their Weekly-Mercats on the saids Days , conform to the special Acts of Parliament made in their Favours ; And yet many of the saids Burghs , Villages and others would most willingly alter and change the saids Mercat Days , if they were but impowered and authorized for that effect . Therefore , His Majesty with the Advice and Consent of the Estates of Parliament , Does not only Ratifie and Approve the saids Acts of Parliament made against the keeping of Weekly-Mercats upon Mundays and Saturndays within Royal-Burghs , But likewise does declare it leisume and lawful to all Burghs of Regality and Barrony , and Villages , and Kirk-Towns , whose Weekly-Mercats are kept the saids Days , to change and alter the same : And the saids Burghs , Villages , and others are hereby Authorized to choise and appoint any other Days of the Week they think fit for the keeping and holding of the saids Weekly-Mercats , they always making timous Intimation of the said Change to the next adjacent Burghs , and providing they pitch not upon the Mercat-Day of any Burgh-Royal next adjacent , or of an other Mercat-Town within four Miles . And that this Act be not extended against Fleshers within Royal-Burghs , who may keep Mercats of Fleshes in their respective Burghs , upon these days , this Act notwithstanding . XV. ACT For Encouragement of Preachers at Vacant Churches be-north Forth . Iuly 5. 1695. OUR SOVERAIGN LORD Considering that there are many Churches vacant upon the North-side of the Water of Forth , which cannot be soon legally Planted , nor in the interim otherways Supplyed than by the Presbytries in whose Bounds they ly , theit Imploying some Preachers who are not Setled in Churches to Preach in the saids Vacant Churches for some time , and that the Intertaining of these Preachers out of the first end of the Vacant Stipends of the Paroches to which they Preach , during their Service , is a most proper Pious Use within the Paroch : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , for Encouraging of the said Preachers swa to be Imployed by the Presbytries , Doth hereby Destinat , Appoint and Allow out of the first end of the Vacant Stipends of the respective Churches , at which they shall Preach by Invitation or Appointment , of the respective Presbytries within whose Bounds the samine do ly , to every one of the said Preachers Twenty Merks Scots , for their Preaching each Lords Day , Forenoon and Afternoon , in the said Vacant Churches , and that whether the saids Preachers be Imployed by the Presbytry to Preach at one Church , or at several Churches by Turns within their Bounds ; Declaring hereby a Testificat under the Presbytries Hands , bearing that such a person hath upon their Invitation Preached so many Lords Days at such a Church within their Bounds , or at such and such Churches within their Bounds by Turns , shall be a sufficient Probation thereof , whereupon the saids Preachers shall by vertue of this present Act , have Power and Undoubted Right to al 's many Twenty Merks , out of the first and readiest of the Vacant stipends of the respective Paroch-Churches , as the said Certificats shall bear them to have Preached Lords Days thereat : And for preventing the Trouble and Expenses the said Preachers would be put to in recovering Payment of the saids Allowances hereby granted effeiring to their Services , if each of them should Pursue for their own part , out of the particular Vacant Stipends of the respective Churches at which they shall Preach . His Majesty with Advice and Consent foresaid , Doth hereby Impower the respective Presbytries within whose Bounds the respective Vacant Churches do ly , to grant Commissions to such Persons as they sha'l think fit for uplifting al 's much out of the first end of the Vacant Stipends , within their Bounds where the said Preachers shal serve at their Invitation , as will Pay and Satisfie the saids Allowances hereby granted to the persons invited by them to Preach thereat , Accompting ut supra for each Lords Days service ; with Power to the said Factors , to Uplift , and if need be , to Pursue for the same before the Judge Ordinary of the Bounds ; Discharging all Advocations , as also Suspensions , save upon Consignation , and with this Declaration , that if at the discussing of the Suspension , the Letters shall be found orderly proceeded , the wrongous suspender shall be Decerned in a Fifth part more , which Factor shall be obliged to Compt to the said Preachers , who shall be Imployed by the Presbytries for the said Allowances , to be uplifted by them ▪ according to the number of Days to be contained in the Presbytries Certificat . Likeas , His Majesty with Advice and Consent foresaid , for Encouragement of the said Factors , and Defraying their Expenses , Does hereby Allow to every one of the said Factors so to be appointed by the said Presbytries , as much as corresponds to a Tenth part of the said Allowances , which they are to Uplift further for their own use , out of the first end of the said Vacant Stipends , and with the benefit of the Provisions above-mentioned . XVI . ACT Anent the Ease of Annualrents Due by Persons Restored , and anent the Creditors Diligence to be Vsed against them . Iuly 5. 1695. FOR AS MUCH As by the General Act Rescissory of Fines and Forfaultures in this current Parliament , the Consideration of the Ease that was to be given to the persons thereby Restored of the bygone Annualrents due by them , and if the same ought to be granted to their Cautioners , and what time Diligence should be superseded against them , for payment of their principal sums , and such Annualrents to which they were to be lyable , was Remitted to the Commission of Fines and Forfaultures therein-named , that they might Report their Opinion thereof to the Parliament , which is not yet done ; and it being the Interest of the persons restored , and their Creditors , to have the same now Determined : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , that during the time the persons Restored by this present Parliament were dispossessed of their Estates , they and their Cautioners are to be free of the payment of Annualrents , unless that the Party Restored either hath recovered all or some part of his Rents , from which he was excluded by the Forfaulture ; in which case the person Restored , and not the Cautioner , shall be lyable to the payment of the Annualrents during the time of his being dis●ossest , in swa far as he hath recovered the same , or otherways that the Party Restored may recover all or some part of the said Rent due during the years that he was dispossest , in which case the Party Restored shall have no ease of any by gone Annualrents , but upon his Assigning to his Creditors , with Warrandice from his own Fact and Deed , any Action competent to him for recovering all or any part of the said Rents due during the time of his being dispossest ; Declaring always , that when a Cautioner for a person Restored , did actually pay without Collusion before the Revolution , either principal Sum or by gone Annualrents ▪ or any part thereof , or had his Lands Adjudged therefore before the said Revolution , or having given a Bond , or suffered Decreet before the Revolution , hath made Payment , or had his Lands Adjudged since the Revolution , the foresaid Ease and Benefit granted in favours of the person Restored , is no ways to be Obtruded against the Cautioner in that case . As also , It is hereby Statute and Ordained , That where persons Restored have made Payment since the Revolution of any Annualrents , for these years during which they were dispossest of their Estates , it shall be leisume for them to retain al 's much in their own Hand of the principal Sums and Annualrents yet resting , as extends to the foresaid Annualrents swa payed by them , ( the Annualrents unpayed being always discounted in the first place ) and where the Debt is altogether payed , the Party Restored shall by vertue of this Act , have Action of Repetition against his Creditor , for refounding the said Annualrents payed out by him for the years during which he was excluded from the Possession of his Estate by the Forfaulture . Likeas , His Majesty with Advice and Consent foresaid , Statutes and Ordains , That it shall be leisume to the Creditors of persons Restored by this Parliament , to affect the Debitors Estate for payment of their principal Sums and Annualrents resting ( except such Annualrents whereof they are liberat by this present Act , ) and that immediatly furth and after the Date hereof , Discharging hereby all personal Execution against the persons Restored for payment of any principal Sums due by them before their Forfaulture , till Wh●●sunday next to come , in the Year of God One thousand six hundred and fourscore sixteen years , after which all personal Diligence shall be competent against the persons Restored , unless they dispone and put the Creditor in Possession of as much of their Estate ( whereof the Creditor is to have his Election , except as to the House , Park and Mains ) as will satisfie the principal Sum and Annualrents thereof resting , and not hereby given down at the ordinar rate of the Countrey where the Lands ly , and that free of Incumbrances , which is to be done at the sight of the Lords of Session in a Suspension , to be raised by the persons Restored , upon the said offer redeemable , nevertheless within the space of Five Years for payment of what is resting of the Creditors Debt , discounting his Intromissions ; And Declaring always , that how soon the Creditor shall be excluded from the possession of the saids Lands swa to be disponed to him by the person Restored , It shall be leisume to the Creditor , immediatly thereafter , to use all manner of Diligence personal and real for recovering of his Debt for which the Lands were disponed to him . Likeas , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , That where a person Restored offering to dispone his Lands to his Creditors , cannot purge and disburden the Lands offered of real Incumbrances , by the sight of the Lords , and put the Creditor in the free Possession thereof , swa that he will be lyable to the personal Diligence of his Creditors after Whitsunday One thousand six hundred fourscore sixteen years , that then if he demand the benefit of a Cessio bonorum , the Lords of the Session are hereby allowed to grant the same to him upon his calling of his Creditors , and making Faith , and Disponing in the common Form , without necessity of his being Imprisoned the time of raising or obtaining thereof , or of wearing the Habit , after obtaining of the same . And likeways , It is hereby Declared , that where any person during the standing of the said Forfaulture now rescinded , did Acquire any Debts due by the person Restored , they shall have Action allannerly against the person Restored for the Sums truely payed out by them , and Annualrent thereof , and shal lose all benefit of their Compositions & Eases , And His Majesty and the Estates of Parliament , Do hereby remit the Case of the deceast William Muir of Caldwell , for Repetition of by-gone Rents , and all other Cases of Forfault persons Restored depending before them , to be Determined by the Lords of Session , excepting such Cases wherein Reports have been prepared by the Commission for Fines and Forfaultures for the Parliament , in which the Pursuer may at his Option futher Insist , till the Decision thereof before the Parliament or Lords of the Session . XVII . ACT anent the Mint . Iuly 5. 1695. OUR SOVERAIGN LORD , considering that by the Act of Parliament One thousand six hundred and eighty six Intituled , Act anent an humble Offer to his Majesty for an Imposition upon certain Commodities , for defraying the Expense of a free Coinage , and other matters relating to the Mint ; The foresaid Expense of a free Coinage , and several matters relating to the Mint were indeed settled , but neither so perfectly nor so fully as Experience hath since discovered , but that there is still need and place for a further Regulation : Doth therefore , with Advice and Consent of the Estates of Parliament , Statute and Ordain , That notwithstanding it be recommended by the said Act to the Lords of His Majesties Privy Council , to try by some of their Number , every Journal of Coin by it self distinctly , and that twice every year , Viz. In the Month of Iuly and December yearly , yet seing the foresaid distinct Tryal of every Journal hath been found both a tedious and superfluous Labour , and is not practised any where else , it shal be leisom for the said Lords of His Majesties Privy Council , to make the said Tryal by such of their number as they shal think fit , not of every Journal of Coin by it self distinctly , but by taking and making Tryal of any one or more single Journals , as they shal think fit , and then to cause melt down in one Mass or Lignat , the rest of the Journals , to be at that time tried , and to take an Essay of the Mass so melted down , as said is , which shal stand for the whole , but prejudice always to the said Lords of Council to make distinct Tryals of the hail foresaid Journals , as they shal see cause , As also , still recommending to them the exact Tryal of all Matters relating to the Coinage , at the foresaid two times above-specified , in manner mentioned in the said Act , and that notwithstanding of the foresaid Act , which is innovat in so far as the same is inconsistent with this present Act. XVIII . ACT anent the Quorum of the Commission of Teinds . Iuly 5. 1695. OUR SOVERAIGN LORD the Kings Majesty , considering that there are many Actions depending before the Lords , and others Commissioners , for Plantation of Kirks , and Valuation of Teinds , which cannot be decided and determined , in respect that the saids Commissioners have not met so frequently as was necessary , by reason of the difficulties of getting a Quorum , whereby the Leidges have been much prejudged ; for Remei●ing whereof , Our Soveraign Lord , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , That Seven Commissioners , whereof one of every State shal be an sufficient Quorum , who being present at the down-sitting and constituting of the Meeting : the withdrawing of one or more of any of the three States , after constituting of the Meeting , shal not breach the Quorum , seven of the Commissioners of the other State or States being still present , without prejudice to the Officers of State to be still Members of the said Commission , tho the presence of one or more of them be not necessary to constitute the foresaid Quorum . And His Majesty , with consent foresaid , does hereby Ratify and Approve the Twenty fourth Act of the Fourth Session , and Thirtieth Act of the Second Session of this current Parliament , in the hail Heads , Articles , and Clauses thereof , excepting in so far as the samen is innovat be this present Act ; And the saids Commissioners are hereby appointed to meet every Wednesday in the afternoon , during the sitting of the Session . XIX . ACT anent the Duty on Scots Muslin . Iuly 5. 1695. OUR SOVERAIGN LORD , with Advice and consent of the Estates of Parliament , Statute and Ordain , That in all time coming , all Muslin , plain or stript , or Camrick , and all sorts of Linen under whatsomever Name or Designation , Manufactored within the Kingdom , shal at the exporting thereof pay Custom only as Scots Linen , conform to the Book of Rates . XX. ACT Anent the Post-Office . Iuly 5. 1695. OUR SOVERAIGN LORD considering , that for the Maintainance of Mutual Correspondence , and preventing of many Inconveniences that happen by privat Posts , several publick Post-Offices have been heretofore erected , for Carrying and Receiving of Letters by Posts to and from most parts and places of this Kingdom , and that the well ordering thereof , is a Matter of general Concern , and of great Advantage , as well for the Conveniences of Trade and Commerce , as otherways ; and to the end that speedy and safe Dispatches may be had , and that the best Means for that end , will be the Settling and Establishing a General Post-Office : Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Statutes , Ordains , and Appoints an General Post-Office to be be keeped within the City of Edinburgh , from whence all Letters and Pacquets whatsoever , may be with Speed and Expedition sent into any part of the Kingdom , or any other of His Majesties Dominions , or into any Kingdom or Countrey beyond Seas , by the Pacquet that goes Sealed for London , at which said Office , all Returns and Answers may be likeways received ; as also , that a Master of the said General-Letter-Office shall be from time to time appointed by His Majesty , His Heirs , and Sucessors , by Letters , Patents , under the Privy Seal of this Kingdom , by the Name and Title of His Majesties Post-Master-General ; or otherways , that the said Office may be set in Tack by the Lords of His Majesties Thesaury and Exchequer , as His Majesty and His saids Successors shall think most expedient : And that the said Master of the said Office , or Tacks-man for the time respectively , and his Deput or Deputs authorized by him for that effect , and his and their Servants , and no other person or persons whatsoever , shall from time to time have the Receiving , Taking up , or Ordering , Dispatching , Sending Posts with Speed , and Delivering of all Letters and Pacquets whatsoever , which shall from time to time be sent to and from , all and every the parts and places of this Kingdom , to and from His Majesties Dominions , or places beyond Seas , where he shall Settle , or cause to be Settled , Posts or running Messengers for that purpose : Excepting such Letters as are sent by any person or persons , to and from any place within this Kingdom by their own Servants , or by Express sent on purpose about their own Affairs , and Letters directed along with , and relating to Goods sent , or to be returned by common Carriers allenarly : And where Post-Offices are not erected , and Posts settled , His Majesty with Consent foresaid , allows the Custom of sending by Carriers or others as formerly , ay and while such Offices be established and no longer . And farder , His Majesty with Advice and Consent foresaid , Statutes and Enacts , that the said Post-Master-General , or Tacks-man and their respective Deputs and Substitutes , and no other person or persons whatsoever , shall provide and have in readiness , sufficient Horses and Furniture for ryding Post to all persons , ryding to and from all the parts and places of Scotland where any Post Roads are , or shal be settled and established : But prejudice to the use of hyring of Horses , which are not to ride Post as formerly . And sicklike , His Majesty with Advice and Consent foresaid , Statutes , Enacts , and Ordains , that it shall be lawful for the said Post-master General , or Tacks-man and their saids Deputs , to ask , exact , and receive , for the Portage and Convoyance of all such Letters , which he or they shall so Convoy , Carry , or send Post as aforesaid , and for providing and furnishing Horses for ryding Post as aforesaid , according to the several Ra●es and Sums after-mentioned , which they are not to exceed , viz. all single Letters to Berwick , or any part within fifty Miles of Edinburgh two shilling , double four shilling , and so proportionally ; all single Letters to any place above fifty Miles , and not exceeding a hundred Miles , to pay three shilling , double six shilling , and so proportionally , all single Letters to any place in Scotland above a hundred Miles , to pay four shilling , double eight shilling , and so proportionally : Declaring nevertheless , that all single Letters with Bills of Loadning or Exchange , Envoys , or other Merchant Accompts inclosed and sent to any place within the Kingdom , shall be onely considered as single Leters ; all Pacquets of Papers to pay each one as triple Letters : And it shall be lawful for the said Post-Master-General , Tacks-man , and their Deputs , to ask , exact , take , and receive from every person , to whom he or they shall furnish Horses , Furniture , and Guide for ryding Post in any of the Post Roads aforesaid , three shilling Scots for ilk Horse hire for Postage for every Scots Mile . And in like manner , His Majesty with Advice and Consent foresaid , strictly Prohibits and Discharges , all other person or persons whatsoever , as well single , as Bodies Pollitick or Incorporat , excepting the said Post-Master-General , or Tacks-man , and their Deputs , and the Servants of Noblemen , Gentlemen , and others , in the Cases particularly above-excepted allenarly , to carry , receive , or deliver any Letters for hire , or to set up or imploy any Foot Post , Horse Post , or to settle Post-Masters within their Jurisdictions , under the penalty of twenty Pounds Scots for every Transgression , and an hundred Pounds Scots for each Moneths Continuance thereof , after Intimation be is made to them in the contrair , and the saids penalties to be pursued for , before any Judge competent , the one half thereof to be applyed for the use of the Informer , and the other half for the use of the said Post-Master-General , or Tacks-man respective ; and that no common Carrier presume to carry any Letters to , or from any places within this Kingdom , where Post-Offices are settled , excepting the case aforesaid : Certifying all such as do in the contrary , that upon Seizure of any such Carrier with the Letters about him , or being convicted thereof before any Judge competent , he shall be imprisoned six days for ilk fault , and fyned in the Sum of six Pounds Scots , toties quoties : And because , it is not onely expedient for His Majesties Government , but likeways for the Advancement of the Trade of this Kingdom , that a settled Correspondence by Weekly Posts , be established with His Majesties Subjects in the Kingdom of Ireland , and that the said Kingdom of Ireland , will not be at the expense for maintaining the Pacquet Boats for passing to and from this Kingdom ; Therefore , His Majesty with Advice and Consent foresaid , Ordains and Appoints the said General-Post-Master or Tacks-man , to keep and maintain Pacquet Boats to go Weekly , ( Wind and Weather serving , ) from Port-Patrick in this Kingdom to Donachadee in Ireland , to carry and receive all Letters to be sent betwixt this Kingdom and the Kingdom of Ireland , and that the expense bestowed on these Pacquet Boats , be allowed to the said General-Post-Master or Tacks-man , in part of his Intromissions with the profits of the said General-Letter Office , or out of the Tack Duty when the same is set in Tack or Farmed , not exceeding the sum of sixty Pounds Sterling Money Yearly . And His Majesty with Consent foresaid , Ordains and Commands all the Sheriffs , Stewarts , Baillies of Regalities or Royalties , Magistrats of Royal Burghs , Justices of Peace , and all other Judges and Magistrats whatsoever , al 's well in Burgh a● Landward , to concur with and assist the Post-Master-General , Tacks-man and their Deputs , in the Discharging of his Trust , for rendring this Act effectual for the ends above-written , and putting the same to all due and lawful execution within their respective bounds . And His Majesty with Consent foresaid , Statutes and Ordains , that no person or persons of whatsoever Degree or Quality , presume to stop , molest , hinder , or impede the several Posts , al 's well Foot Posts , as Horse Posts authorized by , or bearing Warrand from the said Post-Master-General , Tacks-man , or their Successors in Office , by night or by day , under the pain and penalty of one thousand Pound Scots , attour the Reparation of the Damnages to any Party lesed thereby ; far less to detain , rob , or take away any Pacquets , under the pains contained in the Acts of Parliament . And His Majesty with Consent foresaid , Ordains and Appoints the said Post-Master-General , Tacks-man and his said Deputs , and their Successors in their several Offices , to take the Oath of Allegiance and subscribe the same with the Assurance , appointed to be taken by all persons in publick Trust , by the third Act of the third Session of this current Parliament . And His Majesty with Consent foresaid , Ordains General Letters to be directed at the Instance of the said General-Post-Master , or Tacks-man , and their Successors in Office , against their several Deputs , for the Tack-Duties of their respective Offices , as is allowed for In-bringing any part of His Majesties Revenue . And Lastly , the Lords of His Majesties Privy Council , are hereby Authorized and Impowered to take care , that particular Post-Offices be established over all the Kingdom at places most convenient , and the times of parting of Posts with Letters , and of their running , be duly settled and published ; And generally , that this Act be punctually observed and execute , and do all other things to make the same effectual for the true end and intent thereof . And Ordains this present Act to be Published and Printed , that none may pretend ignorance . XXI . Explanatory Act anent the Excise of Brandy . Iuly 5. 1695 ▪ FORASMUCH AS many Actions have been Commenced and Pursued before the Lords Commissioners of Thesaury and Exchequer , to the great Vexation and Expense of the Leidges , anent the Meaning of the Act of Parliament first of December 1673 , Intituled , Act concerning the Importation and Excise of Brandy ; by which Act six Shilling Scots are imposed upon each Pint , to be payed by the Retailers in small 's ; and under pretence of the word Retailers in the said Act , the Sub-taxmen and Collectors have forced the Leidges to pay for the same two or three times , and the Merchants Importers have been likewise charged therefore , notwitstanding that by the said Act Retailers are onely lyable . For remeid of which , OUR SOVERAIGN LORD with Consent of the Estates of Parliament , does hereby Declare , that the six Shilling upon the Pint of Brandy , shall hereafter be payable onely by Toppers and Retailers in small 's , who sell Brandy by Pints , Gills , and lesser Quantities than Pints in Taverns , Shops , Cellars , and the like , where the same is immediatly consumed , and by no others , notwithstanding of any former Practice in the contrair . XXII . ACT Against Intruding into Churches without a Legal Call and Admission thereto . Iuly 5. 1695. OUR SOVERAIGN LORD Considering , that Ministers and Preachers , their Intruding themselves into vacant Churches , Possessing of Manses and Benefices , and Exercing any part of the Ministerial Function in Paroches , without a Legal Call and Admission to the saids Churches , is an high Contempt of the Law , and of a dangerous Consequence tending to perpetuat Schism . Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Statutes and Declares , that whoever hereafter shall intrude themselves into any Church , or shall Possess Manse or Benefice , or shall Exercise any part of the Ministerial Function within any Paroch , without an orderly Call from the Heretors and Eldership , and Legal Admission from the Presbytry within whose bounds it lies , shall be incapable of enjoying any Church , or Stipend , or Benefice within this Kingdom , for the space of seven years after their Removeal from the Church , and quiting Possession of the Stipend and Benefice into which they intruded : Likeas , His Majesty with Advice and Consent foresaid , does hereby remit the Execution of this present Act to Sheriffs , Stewarts , Baillies of Bailliaries , and Regalities , and their Deputs , and to Magistrats of Burrows Royal , who are hereby Authorized and Required , to remove and declare incapable , ut supra , all these , who shall hereafter intrude into Churches within their respective Jurisdictions , upon Complaint from the Presbytry , or any person having Warrand from the Presbytry , within whose bounds the saids Intrusions shall happen to be made hereafter ; and that upon Citation of ten days : Ordaining hereby Letters of Horning and Caption to be direct in communi forma , upon Decreets to be given by the saids inferior Judges , for compelling the saids Intruders to remove from the saids Churches and Manses , and to quite Possession of the saids Stipends and Benefices , and to desist and cease from Exercing any Ministerial Acts within the saids Paroches , into which they shall hereafter intrude . Likeas , His Majesty doeth hereby Recommend to the Lords of His Majesties Privy Council to remove all these , who have already , since the Establishment of this present Church Government , intruded into Vacant Churches , without an orderly Call from the Heretors and Eldership of the Paroch , and a Legal Admission from the Presbytry within whose bounds the saids Churches lies : As also , to take some effectual Course for stopping and hindering these Ministers , who are , or shall be hereafter Deposed by the Judicatories of this present established Church ; from Preaching or Exercising any Act of their Ministerial Function , which they cannot do after they are Deposed , without a high Contempt of the Authority of the Church , and of the Laws of the Kingdom establishing the same . XXIII . ACT Anent Lands lying Run-rig . Iuly 5. 1695. OUR SOVERAIGN LORD and the Estates of Parliament taking into their Consideration , the great Disadvantage , arising to the who●e Subjects , from Lands lying run-rig , and that the same is highly prejudicial to the Policy and Improvement of the Natio● , by Planting and Inclosing , conform to the several Laws and Acts of Parliament of before made thereanent : For remeid , His Majesty with the Advice and Consent of the said Estates , Statutes and Ordains , that wherever Lands of different Heretors ly run-rig , it shall be Leisum to either Party to apply to the Sheriffs , Stewarts , and Lords of Regality , or Justices of Peace of the several Shires where the Lands ly ; to the effect , that these Lands may be divided according to their respective Interests , who are hereby Appointed and Authorized for that effect ; and that after due and lawful Citation of all Parties concerned , at an certain day , to be prefixed by the said Judge or Judges . It is always hereby Declared , that the saids Judges , in making the foresaid Division , shall be , and are hereby restricted , so as special regard may be had to the Mansion-Houses of the respective Heretors , and that there may be allowed and adjudged to them the respective parts of the Division , as shall be most commodious to their respective Mansion-Houses and Policy , and which shall not be applicable to the other adjacent Heretors : As also , it is hereby Provided and Declared , that thir Presents shall not be extended to the Burrow and Incorporat Acres , but that notwithstanding hereof , the same shall remain with the Heretors to whom they do belong , as if no such Act had been made . XXIV . ACT for Obviating the Frauds of appearand Heirs . Iuly 10. 1695. OUR SOVERAIGN LORD Considering the frequent Frauds and Disappointments that Creditors do suffer , upon the Decease of their Debitors , and through the Contrivances of appearand Heirs , in their prejudice : For Remeid thereof , and also for facilitating the Transmission of Heretage in Favours of both Heirs and Creditors , His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , That if any man since the first of Ianuary One thousand six hundred and sixty one , have served , or shal hereafter serve himself Heir ; or by Adjudication on his own Bond , hath since the time foresaid succeeded , or shal hereafter succeed , not to his immediate Predecessor , but to one remoter , as passing by his Father to his Goodsire , or the like ; then , and in that Case , he shal be lyable for the Debts and Deeds of the Person interjected , to whom he was appearand Heir , and who was in the Possession of the Lands and Estate to which he is served , for the space of three years , and that in so far as may extend to the value of the said Lands and Estate , and no further ; deducing the Debts already payed : As also , with this order , as to the time past , that all the true and lawful Debts of the appearand Heir , entering as said is , and already contracted , with the true and real Debts of the Predecessor to whom he enters , shal be preferred in the first place . As also , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , That if any appearand Heir for hereafter , shal without being lawfully served or entered Heir , either enter to possess his Predecessors Estate , or any part thereof , or shal purchase , by himself , or any other to his Behoove , any Right hereto , or to any Legal Diligence , or other Right affecting the same , whether Redeemable or Irredeemable , otherwise than the said Estate is exposed to a lawful publick Roup , and as the highest Offerer thereat , without any Collusion ; his foresaid Possession or Purchase shal be repute a behaviour as Heir , and a sufficient passive Title to make him represent his Predecessor universally , and to be lyable for all his Debts and Deeds , sicklike as if the said appearand Heir , possessing or purchasing , as said is , were lawfully served and entered Heir to his said Predecessor : Declaring always , Likeas , it is hereby declared , that the said appearand Heir may bring the said Estate to a Roup , whether the Estate be Bankrupt or not . And it is further Statute , that where Rights or Legal Diligences , affecting their Predecessors Estates , shal be found settled in the Person of any such near Relation , to whom the appearand Heir to the foresaid Predecessor may also succeed as Heir , the appearand Heirs possessing by vertue of the said Rights and Diligences , except upon Lawful Purchase by publick Roup , as said is , shal not only be a passive Title , but the said Rights and Diligences in the Person of the said near Relation , shal only be sustained as valid to exclude the Predecessors Creditors , in so far as can be qualified and instructed , that these Rights and Diligences were truly and honestly purchased for payment of Sums of Money , and no further . And moreover , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , That for hereafter any appearand Heir shal have free liberty and access to enter to his Predecessors cum beneficio inventarii , or upon Inventary , as use is , in Executories and Moveables , allowing still to the said appearand Heir , year and day to deliberate , in which time he may make up the foresaid Inventary , which he is to give up upon Oath , full and particular as to all Lands , Houses , Annualrents , or other Heretable Rights whatsoever , to which the said appearand Heir may , or pretends to succeed ; which Inventary to be subscribed by him before Witnesses , duly insert and designed , shal be given in to the Clerk of the Sheriff Court of the Shire , where the Defuncts Lands and Heretage lye ; or in case the Defunct had no Lands or Heretage requiring Seasin , to the Clerk of the Shire , where the Defunct deceased : To which Inventary , the Sheriff , or Sheriff-Deput , with the Clerk of the Court , shal also subscribe in Judgement , and record the same in their Registers , and give Extracts thereof , for all which , the upgiver of the said Inventary shal pay no more to the Court and Clerk thereof , on any account , than the ordinary price of Extracts in that Court , for an extract of the said Inventary : and this Inventary is to be given in , recorded , and extracted as said is , within the said year and day , to deliberat ; and thereafter the foresaid Extract thereof , shal within fourty days after the expiration of the said year and day , be again presented and registrated in the Books of Council and Session , in a particular Register to be appointed by the Clerk Register , for that effect : And the appearand Heir entering by Inventary , in manner foresaid , is hereby declared to be only lyable to his Predecessors Debts and Deeds , secundum vires Inventarii , and in as far as the value of the Heritage , given up in Inventary , will extend , and no farther . Providing always , Likeas , it is hereby specially provided , that if the aforesaid appearand Heir shal have any intromission with the Defuncts Heretable Estate , or any part thereof , otherways than necessary intromission , for Custody and Preservation , before his giving in , recording and extracting of the said Inventary in manner foresaid ; or if he shal fraudfully omit any thing out of the said Inventary , that is , which yet he shal be found to have intrometted with , or possessed , then , and in either of these Cases , he shal lose the benefit of the Inventary , and be universally lyable , as if entered Heir without Inventary . And farder , that if any part of the said Heretable Estate shal be without fraud omitted to be given up by him in the foresaid Inventary , and shal not in the mean time be affected by the diligence of a lawful Creditor , he shal have Liberty , so soon as he comes to the knowledge thereof , and within fourty days thereafter , to make an Eik of the same , to the said Inventary ; which Eik is to be made and subscribed , given in and recorded , in the same manner with the Principal Inventary above-mentioned . And lastly , it is hereby declared , that appearand Heirs , if they please , may enter without Inventary as formerly in all points , and that whether they enter with or without Inventary , they are still to enter by Service and Retour , or by Precepts of Clare constat , in manner formerly accustomed . XXV . ACT anent the Repetition of Fines . Iuly 10. 1695. OUR SOVERAIGN LORD considering , that by the Eighteenth Act of the Second Session of this current Parliament , Intituled , Act Rescinding the Forefaultures and Fines , past since the Year One thousand six hundred sixty five ; All Fines then unpayed , which were imposed by Sentences , from the first day of Ianuary One thousand six hundred sixty five , to the fifth of November One thousand six hundred eighty eight upon any person or persons for Church Irregularities or Non-conformities , or refusing of Publick Bonds , Subscriptions or Oaths , or for not obeying Acts , Proclamations and Orders thereanent , Resetting or Conversing with Rebels , for the Causes foresaid , refusing to depone in Lybels against themselves , in Capital Cases , albeit restricted to an Arbitrary Punishment ; with all Hornings , Denunciations and Intercommunings , given , pronounced , and issued furth in Parliament , or by an other Court or Commission against any Persons , for the saids Causes , are expresly discharged : And further , that by the foresaid Act , it was remitted to the Commission , appointed for Fines and Forefaulters , to consider the Grounds of repetition of such of the said Fines as were payed to Donators , or others having Right from them , and other privat Parties : And also considering that the said Commission hath given no Decision or Determination upon the foresaid Remit , whereby the Parties lesed , who made payment of the said Fines in manner foresaid , to Donators , and others , have as yet received no redress : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Doth Statute and Declare , That where Fines were imposed by Sentences from the first of Ianuary One thousand six hundred sixty fives to the fifth of November One thousand six hundred eighty eight , upon any Person for Church Irregularities and Non-conformities , or refusing of publick Bonds , Subscriptions and Oaths , for not obeying Acts , Proclamations and Orders thereanent , Resetting of , or Conversing with Rebells for the Causes foresaid , refusing to depon upon Lybells against themselves in Capital Cases , albeit restricted to an Arbitrary Punishment , and that the Persons so fined , have made payment of the hail of the said Fines , or any part thereof , to Donators or others , that it shal be leasom for them to pursue the said Donators or others for repetition , and who are hereby declared lyable to refound what they have received , together with the Annualrent thereof since Martimass One thousand six hundred eighty eight . And furder , His Majesty , and the Estates of Parliament , having considered the Act made in the year One thousand six hundred and ninety , Rescinding Fines and Forefaulters , and that thereby the forefaulted Persons are restored to their Lands , Rents and Possessions , and the Composition made by them or others in their Name , ordained to be repayed by the Donators or others ; and seing it is just , that the Annualrents of the said Compositions , since the date of the foresaid Act be likewise payed . Therefore , His Majesty , with Advice and Consent foresaid , Statutes and Ordains , that Annualrent from the Date of the said Act be repayed , with the Compositions themselves , excepting always furth and frae this Act , all Fines imposed by Mr. Iohn Meinzies Advocat , while Sheriff-Deput of Lanerk , in regard it is notorly known he fined not for any advantage to himself , but for prevention of rigorous Execution from others , and remits all Causes for repetition of Fines depending before the Parliament or Commission to be discussed by the Lords of Session summarily , without abiding the course of the Roll. And it is furder declared , that where any Person forefaulted and restored as above , shal be found to be postponed in diligence , either for his Payment as a Creditor , or his Relief as a Cautioner , by reason of his forefaulture , he shal now , after his Restitution be in the same Case for preference , as if he had done all Diligence possible for him , if not forefaulted . XXVI . ACT Discharging Popish Persons to prejudge their Protestant Heirs in Succession . Iuly 11. 1695. OUR SOVERAIGN LORD understanding , that Parents , and others of the Popish Religion , and that are so affected , Do restrain and overawe their Children , and appearand Heirs , so as they cannot , though convinced in their Consciences , by the Light of the Truth , abandon the Popish Errors and Superstitions of their said Parents , for fear that they may be by them dis-inherited , and deprived of any Benefit of Succession , that they may have , by their said Parents , and others foresaid ; Do therefore , and for Remeid thereof , Statute and Ordain , with Advice and Consent of the Estates of Parliament , that it shal not be leisom , nor in the power of any profest or known Papist , to make any Gratuitous Deed , or Disposition in prejudice of their appearand Heirs , and the Benefit they may have , by their Succession to , and in Favours of any other Person , or Persons whatsomever ; Declaring , Likeas , it is hereby declared , that no such Disposition or Deed , shal be of any force , but shal be judged to be gratuitous , unless that both the Person granter , and the Writer and Witnesses in the Deed , shal declare upon Oath , and also qualify satisfyingly , before the Judge Ordinary of the Bonds , that the foresaid Disposition and Deed was made and granted , for true , onerous , and adequat Causes ; or otherways that the same shal be null and void , in manner above-Statute . XXVII . ACT Concerning the Church . Iuly 16. 1695. OUR SOVERAIGN LORD , Being sensible of the Hurt and Mischief that may Ensue , upon the exposing of the Peoples Minds to the Influence of such Ministers , who refuse to give the Proofs required by Law of their Good Affection to the Government ; And withal desirous , that in the first place , all gentle and easie Methods should be used to reclaim men to their Duty , whereby the present Establishment of this Church , may be more happily preserved , the knowledge of the Truth , with the practice of true Piety more successfully advanced , and the peace and quiet of the Kingdom more effectually settled : Hath thought good to allow , and with Advice and Consent of the Estates of Parliament , hereby allowes to all Ministers that were at the time of His Majesties happy Accession to the Crown , and have since continued actual Ministers in particular Paroches , and no Sentence either of Deposition or Deprivation past against them , and have not yet Qualified themselves , conform to the Act of Parliament 1693 , Intituled , Act for taking the Oath of Allegiance and the Assurance , a new and farther day , viz. the first of September in this present year 1695 , to come in and take the said Oath of Allegiance , and to subscribe the same with the Assurance betwixt and the said day , and that either before the Sheriff , or Sheriff-Deput of the Shires , or the Provost or Baillies of the respective Burghs , or any other Inferior Magistrat of the bounds where they live , or before any Privy Counsellor , with a Certificat under the hand of the said Inferior Judges , or Privy Counsellor , to be reported to the Lords of His Majesties Privy Council , or their Clerk , within the space of twenty one days after the date of the said Certificat : Declaring , that all such as shal duely come in and qualify themselves as said is , and shal behave themselves worthily in Doctrine , Life and Conversation as becomes Ministers of the Gospel , shall have and enjoy His Majesties Protection , as to their respective Kirks and Benefices , or Stipends , they always containing themselves within the Limits of their Pastoral Charge within their said Paroches , without offering to Exerce any power , either of Licensing , or Ordaining Ministers , or any part of Government in General Assemblies , Synods , or Presbytries , unless they be first duely assumed by a competent Church Judicatory ; in which Case , it is hereby farder Declared , that the foresaid Ministers first qualifying themselves as above , may be assumed by the respective Church Judicatories to which they belong , and shall apply to partake with them in the present Established Government thereof : Providing nevertheless , that as the said Ministers who shal qualifie themselves as said is , are left free to apply or not , to the foresaid Church Judicatories : So the said Church Judicatores are hereby also Declared free to assume , or not assume the foresaids Ministers , though qualified as they shall see cause : WITH CERTIFICATION , that such of the said Ministers , as shall not come in betwixt and the said day , are hereby , and by the force of this present Act , ipso facto , Depriof their respective Kirks and Stipends , and the same Declared vacant without any further Sentence . And His Majesty being purposed , that His Grace shall be still patent to all ; doeth further Declare and Statute , with Consent foresaid , that at what time soever any Minister , either settled in a Church , or not , shall upon application , be judged fit to be assumed by any competent Church Judicatory as said is , the foresaid Minister , upon a Certificat thereof from the said Judicatory , shall be admitted and allowed to qualify himself , by taking the Oath of Allegiance , and subscribing the same with the Assurance in manner foresaid , albeit the said first of September be past and elapsed . And His Majesty with Consent foresaid , Allows , Declares , and Statutes as above , any thing in the foresaid Act 1693 , or in the other Act of the same Session of Parliament , Intituled , Act for Settling the Quiet and Peace of the Church , notwithstanding . And His Majesty with Consent foresaid , for the greater encouragement of all Ministers of the Gospel , not only ratifies the Act of Parliament 1669 , forbidding all Suspensions of special Decreets and Charges for Ministers Stipends , or the Rents of their Benefices , except on production of Discarges , or upon Consignation in manner therein provided : But further Statutes and Ordains , that there be no Advocation , or Sist of Process granted of Actions for the said Stipends , or Rents of Benefices , when pursued before Inferior Judges , and that in the case of a Decreet , there be neither Suspension nor Sist of Execution granted , except on production of clear Discharges or Consignation as said is , and if any Suspension be past , that the same be summerly discussed at the Instance of the Charger , without abiding the Order and Course of the Roll : And that if the Letters be found orderly proceeded , the Suspender be also Decerned at least in a fifth part more than the Sums charged for , with what more the Lords shall judge reasonable to be payed to the Charger for his Expense and Damnage . and if any Minister shall happen to pursue for his Stipend by way of ordinary Action before the Lords , it is hereby farther Ordained , that the same be summarly proceeded in , and discussed without abiding the Course of the Roll. And Lastly , for a more ample Declaration of an Act made in this Session of Parliament , for encouraging of Preachers at Vacant Churches be North Forth , His Majesty with Consent foresaid , extends the same not only to Preachers who are not settled in Churches , but also to such Ministers who though settled in Churches , are yet sent from time to time from any Presbytry or Synod of this Church , without their own Presbytry , to supply the said Vacancies , to the effect , that the said Ministers settled , as well as the said Preachers not settled , may equally have the benefit of the said Act , in the terms thereof . XXVIII . ACT For the Additional and Annexed Excises . Iuly 16. 1695. THE Estates of Parliament , taking to their Consideration , that for the Maintaining of the present standing Forces , and the necessary Defence of the Kingdom , and Coasts thereof , against the Dangers that continue to threaten from the present War ; an Additional Fond , to the Supplies already given , in this present Session of Parliament , is requisit : Do therefore , for the said Fond , and over and above the Excise of two merks upon the Boll of Malt , and the Excises on strong Waters and Brandy , and Forreign Beer annexed to the Crown , heartily offer to His Majesty , an Additional Excise of two pennies upon the Pint of Ale and Beer , browen to be vended and sold ; As also , of two shilling upon each Pint of Aquavitae and strong Waters , brown or made of Malt , to be vended and sold within the Kingdom : And likewise an Additional Excise of two shilling upon each Pint of Aquavitae and strong Waters brown , not made of Malt , excepting what is made of Wine ; and that during the space of twelve Moneths , commencing from the first day of September next . And His Majesty , and Estates of Parliament , considering the Advantages of a greater Consumption , and better Liquor arising , both to the Heretors , Brewers , and the whole Leidges of the Kingdom , by laying all Excises upon the Liquor , and not upon the Malt ; as also the manifest conveniency that the said Annexed Excise formerly on the Malt be converted upon the Liquor , that both these Excises may be uniformly raised and uplifted , with less Charges and Expenses , with which Reasons , and the Truth thereof , after mature Deliberation , the Estates of Parliament are satisfied , and fully convinced , that His Majesty getting an Equivalent , the same are just and important , concerning both His Majesties Interest and the publick Good and Welfare of this Kingdom . Therefore His Majesty , with consent of the said Estates , hath dissolved , and hereby dissolves the foresaid Annexed Excise of two Merks upon the Boll of Malt , from the Crown and Patrimony thereof . Rescinding , likeas , His Majesty hereby rescinds the Act of Parliament 1685 , giving , and annexing the foresaid Excise of two Merks upon the Boll of Malt to the Crown , in so far as , it gives and annexes the same allannerly , and no farder : Together with all Tacks , Contracts or Commissions , made , or granted , of , or concerning the foresaid annexed Excise , hereby Dissolved and taken away ; Declaring the said Tacks , Sub-tacks , Contracts , and Commissions to be fallen therewith in Consequentiam , after the first day of September aftermentioned : In place of the which annexed Excise , and as an Equivalent , in Lieu thereof , the Estates of Parliament , for the usefulness of this Grant , to support the Interest of the Crown , do humbly and unanimously offer to His Majesty , over and above the foresaid two pennies , and other additional Excises abovementioned , an Excise of three pennies more upon the Pint of all Ale and Beer browen to be vended and sold as said is ; As also , of three shilling more upon ilk Pint of Aquaviae or strong Waters , not made of Malt browen and sold within this Kingdom : six shilling upon ilk Pint of Forraign Aquavitae , Brandy , or strong Waters ; and thirty shilling upon ilk Barrel of imported Forreign drinking Beer ; and this Excise hereby given in Lieu of the foresaid annexed Excise of two Merks upon the Boll of Malt , and Ordained to commence from the foresaid first day of September : His Majesty , and the Estates of Parliament , by the force of this present Act , have United and Annexed , and Unites and Annexes the same to the Crown of this Realm , to remain therewith , as annexed Property in all time coming . And His Majesty , with Advice and Consent foresaid , do appoint the payment of the said Two Excises , unannexed and annexed , extending to five pennies upon the Pint , so long as they shal Concur , to be as follows , viz. For the first two Moneths , upon the first day of November next to come , and thereafter quarterly , and proportionally , so long as they shal concur , and stand together ; and thereafter the foresaid new annexed Excise to be payed at such Terms as His Majesty and Successor : shal please to appoint ; And for making of the said two Excises effectual for their respective Endurances , His Majesty , with Consent foresaid , doth Impose and Ordain the foresaid two Excises upon Ale and Beer , to be raised and uplifted from all Brewers of the said Liquors , brown and made to be vended and sold , as said is ; and the said Excises upon Aquavitae and strong Waters to be raised and uplifted from all Retailers thereof . And for the raising and inbringing of the said Excise , His Majesty , and the Estates of Parliament do hereby Appoint and Authorize the Commissioners of the new Supply , appointed in another Act of this present Session of Parliament to be the Commissioners of the Excise , during the respective Endurances of the said two Excises , for the several Shires , for the end foresaid , and the Royal Burghs to have the same number of Commissioners , as was appointed by the fourteenth Act of the Parliament 1661 , impowering them fully for that effect , conform to the Rules and Orders formerly Enacted for raising and inbringing the former annexed Excise upon Malt : As also to set down and cause observe such other Rules as they shal judge necessary , agreeable always to the Acts of Parliament already made about the foresaid Excise . And that the said Excises on Liquor may arise more equally , it is hereby Statute , That during the Concurrence of the said two Excises , the lowest Price of Ale or drinking Beer to be brewed and vented and sold for hereafter , shal in all Burghs , where the Burgh hath an particular Imposition on Malt or Liquors , be twenty eight pennies for the Pint , to be payed by the Buyer to the Ventner or Tapster , and in all other Places , both to Burgh or Landward , two shilling the Pint , with Certification that the Ventner transgressing , by selling under the said Rates , shal be fined by the said Commissioners in the Sum often pound Scots at the instance of any other Brewer or other Complainer toties quoties , to be applyed by the saids Commissioners for Pious and Publick Uses , within their respective Shires ; and further , be either put under sufficient surety to observe this Rule for hereafter , or if he cannot find surety , discharged to brew in time coming , at the fight of the saids Commissioners . And further , His Majesty , with Advice and Consent foresaid , doth hereby Declare and Enact , that if any Brewer in use to brew for sale and Change , shal give over brewing after the date of this Act , without an Allowance in writing from the Commissioners of Excise , for good and seen Causes , the said Brewer shal not be permitted to brew for Change , for the space of five years thereafter ; but shal be , and is hereby Discharged and rendered uncapable to do the same ; As likewise , it is hereby Statute and Ordained , that no person whatsoever , who have not been in use to brew for the service of themselves and their Family in time by past , shal presume to brew after the first day of September next to come , for their own and their Families use , and if they contraveen , that they shal be lyable in payment of the value of what they shal brew . And his Majesty , with consent foresaid , doth Ordain the said Commissioners to meet the first Tuesday of September next , at the Head Burgh of every Shire respective , and afterwards upon the first Tuesday of ilk Moneth where they shal appoint . And it is hereby specially provided , that if either Collector or Farmer , shal presume to raise or Levie the said Excise upon the Malt , or otherwise than upon the Liquor , he shal incurr the pain of an 100 Merks , toties quoties , to be decerned and exacted by the said Commissioners , or by the Lords of Privy Council , in case the saids Commissioners shal overlook the same : as also , that the Brewer assenting thereto , or complice therein , shal incurr the pain of fifty Merks , and also amitt and lose the Liberty of brewing , which Fines are also hereby appointed to be applyed ut supra : And it is hereby Declared , that if any Tacks-man or Collector , or other Person shal exact any thing over and above his Excise for the Discharges thereof , or for the Discharge of any other publick Dues whatsoever , it shal be repute as Oppression , and punished accordingly by the said Commissioners , who are hereby impowered to proceed against the persons guilty . And His Majesty , with Advice and Consent foresaid , do Authorize and Impower the Lords of Privy Council to prescribe such other Methods and Orders as they shal judge necessary for making this Act effectual . XXIX . ACT For Continuing the Additional Excise till March 1697 , with Three Months farder Cess . Iuly 16. 1695. THE ESTATES OF PARLIAMENT Taking to their further Consideration , the present State of the Kingdom , and publick Exigencies thereof ; Have thought fit to Offer , and do hereby Humbly & Heartily Offer to His Majesty , that the Additional Excise of Two Pennies upon the Pint of Ale and Bear , and other Liquors Imposed for an Year , beginning the first of September next , by an Act of this Session of Parliament , be Continued from and after the expiring of the said Year , until the first of March 1697. And sicklike , the Sum of Two Hundred and Sixteen Thousand Pound , being Three Months Cess upon the Land-rent of this Kingdom , payable at the Term of Lambmas 1696 years , and that over and above the Six Months Cess already granted by another Act of this Session of Parliament : And accordingly His Majesty , with Advice and Consent of the said Estates , Statutes and Ordains , That the said Additional Excise hereby Continued as said is , and the said Three Months Cess payable at Lambmas 1696 , granted by this present Act , shall be raised , uplisted and ingathered from the persons lyable in payment , in manner and for the ends appointed by the saids two respective Acts above-mentioned . XXX . ACT For Preservation of Meadows , Lands and Pasturages lying adjacent to Sand-Hills . Iuly 16. 1695. OUR SOVERAIGN LORD Considering that many Lands , Meadows and Pasturages lying on the Sea-coasts , have been ruined and overspread in many places of this Kingdom , by Sand driven from adjacent Sand-hills , the which has been mainly occasioned by the pulling up by the Root of Bent , Juniper and Broom-Bushes , which did loose and break the Surface and Scroof of the saids Hills ; and particularly Considering that the Barony of Cowbin , and House and Yards thereof , lying within the Sheriffdom of Elgin , is quite ruined and overspread with Sand , the which was occasioned by the foresaid bad practice of pulling the Bent and Juniper . Therefore His Majesty , with Advice and Consent of the Estates of Parliament , for preventing of the like Prejudices in time coming ; Does strictly Prohibite and Discharge the pulling of Bent , Broom , or Juniper off Sand-hills for hereafter , either by the Proprietors themselves , or any other whatsomever , the same being the natural Fences of the adjacent Countries to the saids Hills ; Certifying such as shall Contraveen this Act , they shall not only be lyable to the Dammages that shall there-through inshew , but shall likeways be lyable in the Sum of Ten Pounds of Penalty ; the one half thereof to belong to the Informer , and the other half to the Judge within whose Jurisdiction the said Contravention shall be committed . XXXI . ACT For turning the Tack of the Pole 1693 , into a Collection . Iuly 16. 1695. OUR SOVERAIGN LORD Considering , that albeit the Pole granted by Act of Parliament , in the year 1693 , was Set by the Lords of Thesaury and Exchequer , to the Lord Ross , Sir Iohn Cochran of Ochiltrie , and others mentioned in the Tack thereof , for the Sum of Fourty four thousand one hundred Pounds Sterling of Tack-Duty , as the Tack in it self bears : Yet the Levying of Money by Pole being new , and the Countrey and others concerned , not observing the Rules and Ordinances contained in the Act of Parliament thereanent , but through their Failzying , incurring the Quadruples appointed by the said Act by way of Penaltie ; the foresaids Tacks-men were not able to pay the foresaid Dutie , unless they had been allowed to exact the foresaid Quadruples , which had visibly tended to the great oppression and disturbance of the whole Kingdom . THEREFORE , and in so singular a Case , which His Majesty is resolved shal never be drawn into Example , His Majesty with the Advice and Consent of the Estates of Parliament hath Liberated and hereby Liberates the foresaid Tacks-men , and all others concerned therein , from the said Tack and Tack dutie , Discharging and Exonoring them of the Samen , but with this Condition and Provision . Likeas His Majesty with Advice foresaid , hereby Statutes and Provides , That the foresaid Tacks-men shal make just Compt and Reckoning of all their Intromissions with the said Pole-money , Sicklike as if they had only been Collectors , and instead of the said Tack had got a Commission allanerly for that Effect , with and under always the Particular Conditions following , First , that the said Tacksmen be Lyable for all the Sub-Collectors and Managers Imployed by them . Secondly , that all their Books be made Patent , and Examined . And that the Tacks-men and their Sub-Collectors be examined upon Oath , as to the verity thereof , and whether there be any thing Omitted . Thirdly , that in case it be found , there was any thing Received from the Countrey , not given up in the Books : That the Tacks-men , or their Sub-Collectors be lyable in Twenty Shilling , for each Shilling so Omitted . Fourthly , that the Rolls of the Poleable persons taken up by the several Justices of Peace , Magistrats of Burghs , and others be produced to be compared with the Books . Fifthly , That a few Comptrollers be appointed to examine Books , and Accompts , and adjust the whole Matter , and that the Leidges be Invited & Encouraged to Comptroll the said Accompts , and that they be patent at a publick Office for a reasonable time to all the Leidges for that end . Sixthly , that the Order of Payment , viz. of the Countrey in the First place , and then of the Forces , as Prescribed by Act of Parliament , be duely and strictly observed by the Commission after-mentioned . Seventhly , that upon Accompts Instructed and Liquidat , in due manner , Retention be allowed by the commission to those to whom the said Accompts are due , in the Terms of the Act of Parliament . Eightly , that where any Sub-tack hath been Set by the said Tacks-men , the Sub-tacksmen have in their Option , either to pay the Sub-tack-duty , or make Compt , Reckoning and Payment of their Intromission , as Sub-collectors . Ninthly , that no Sallaries be allowed , or given to the said Tacks-men , or their Sub-tacks-men for their Collecting . And to the Ef-fect , the said Compt and Reckoning may proceed ; His Majesty with Advice and Consent foresaid ; Hereby Nominats and Appoints the Duke of Queensberry , the Earls of Linlithgow and Levin , Sir Iohn Lauder of Hattoun , the Laird of Livingstoun , the Laird of Torwoodlie , Sir William Hamilton , Sir Archibald Mure , and William Menzies Commissioners , three of every State , Chosen by the Parliament , for that Effect , whereof any five to be a quorum , to meet at Edinburgh the first Lawful day after the Riseing of this Session of Parliament , and thereafter at such days as the said Commission shall Appoint . Likeas one of the Commissioners of His Majesties Theasury is Allowed to be Present , with Right to Vote , But so as his Presence shall not be necessary to make up the foresaid quorum , with Power to the said Commissioners to take in the Accompts of the said Tacks-men their Intromission , as if they had been Collectors , and to make them Accompt for their Collection , in manner , and under the Conditions Above set down ; And to Determine all Differences betwixt the said Tacks-men and the Countrey , and the Officers , and Souldiers , anent the Premisses : As also with Power to the saids Commissioners to do every thing necessary , for Inbringing of what , is yet resting unpayed of the said Pole by the Countrey , and for making the same effectual ; and also to Decide , and finally Determine all Questions , that may arise concerning the Preferrence of the Officers of the Army Interested , or their being brought in equality to get their Shares of Payment out of the Subject of the said Pole , as likeways with Power to them , to allow , or not to allow Expenses for Inbringing the said Pole to the said Tacksmen , and their Subtacksmen now turned to Collectors , and Sub-collectors as they shal see Cause : And generally to do all other things anent the Premisses , that they may bring the foresaid Tacksmen their Intromission and Collection to a clear State and Ballance , and also for In-gathering what shal be found Resting of the said Pole-money , either in the hands of the said Tacksmen , or in the hands of any other Person lyable therein , and cause pay in the same to His Majesties General-Receiver of the Crown Rents , providing that the said Commissioners use the same and no other Method or Diligence for Ingathering than what is Prescribed for In-gathering of the New Pole : The Quadruples in the Act anent the Pole 1693 being hereby Expresly Discharged , and farder , with Power to apply the whole neat Product thereof by Precepts on the said General-Receiver , Conform to the Destination contained in the Act of Parliament , and in the Order , and under the Certification therein specified : And it is hereby farder Declared , that for what shal be still found Resting by the said Tacks-men , after Just Compt and Reckoning , their Cautioners for the foresaid Tack-dutie shal be lyable therefore , notwithstanding that the foresaid Tack be hereby Disolved and turned to a Commission or Collection as said is ; and it is farder hereby provided that the Commissioners above-named shal be , and are hereby Appointed to be , Commissioners for Calling for , Examining , and Concluding the Accompts of the three Months Cess , viz. And of the Hearth-money , Imposed in the year 1690 , with Power to them to call all Collectors , Intromettors , and other Persons concerned , in so far as they have not Compted to , and got Discharges from the Lords of Thesaurie , and make them Compt , Reckon , and Pay as accords ; and farder to take such Methods as they shal think fit , to uplift and bring in the Rests of the said Hearth-money yet Resting by the Countrey , according to the Orders and Proclamations already given and Emitted in that Matter , and to Appoint Collectors for that End , or Farm the same as they shal think fit , and Generally to do all other things necessary , for the full and final Clearing of the said three Months Cess and Heart-money ; and farder the said Commissioners are hereby Impowered to put the whole of the said Pole-money hereby Ordered to be Compted for , to a Roup , and Assign , and ajudge the same to the highest Offerer , with this provision that it shal not be Rouped for less than Thirty thousand Pound Sterling , and that the said highest Offerer have the , whole Powers hereby given to the said Commission for In-gathering thereof , and this Power is also extended to the Rouping of the Rests of the said Hearth-money as they shal see Cause . And lastly it is hereby Declared , that if any of the saids Commissioners shal happen to Depart this Life , His Majestie shal have the Naming and Appointing of one in his place out of the same state to whom the Person Deceasand belonged . XXXII . ACT For Encouraging the Exportation of Victual . Iuly 17. 1695. HIS MAJESTY AND ESTATES OF PARLIAMENT Considering , That the Grains of all sorts , are the greatest Product and Commodity of this Nation ; and Considering how necessary it is for the Promoving of Tilladge , and Improvement of Trade , to the best Advantage of the Kingdom , that an effectual Encouragment be granted for Exportation of Corns and Victual furth thereof . Therefore His Majesty , out of his Royal Bounty , with Consent of the Estates of Parliament , Statute and Ordain , that all sorts of Grains exported out of the Kingdom after Martinmas 1696 , shall be free of any Dues formerly payable for Exportation ; and that for encouraging Export after the said Term , there shall be given out of the Customs to the Exporter , upon his Oath of Verity , of the number of the Bolls exported , Subscribed with his Hand , and Attested by the Collector of the next adjacent Custom-house , Eight Merks for ilk Chalder of Grain , that shall be exported by Sea or Land , when they shall not exceed the Prices following , viz. when Wheat is at or under Twelve Pound the Boll ; Bear , Barley , and Malt , at or under Eight Pound per Boll ; Pease , Oats , and Meal , at or under Six Pounds per Boll ; all the saids Grains being of Linlithgow Measure . With this Provision always , that the said Exportation shall be by Scots Men , or in Scots Ships ; and that the Master and Three Fourth Parts of the Seamen of the said ships , shall be Scots Men : As also , with this Provision , that when the Grains exceed the foresaids Rates , the Lords of His Majesties Secret Council may Discharge the Exportation of Victual of all sorts , ay and till the Grains fall to the Prices foresaid . XXXIII . ACT For the Levies . Iuly 17. 1695. THE ESTATES OF PARLIAMENT Considering how necessary it is , that during this present War , which so much concerns the Defence and Security of the Protestant Religion , and of His Majesties Kingdoms , certain Rules and Orders should be laid down for Recruits and Levies , as they shall be found needful , whereby both the Kingdom may be delivered from the frequent Disorders and Oppressions of pulling away poor Men from their Wives and Children , that cannot subsist without their Handy-Labour , and the Engaging and Seising of other unfit men , no ways proper for the Service , which hitherto hath been found a most sensible Grievance , and whereby also His Majesties Service , for the Maintaining and Carrying on of the said War , may be more effectually Promoted : And the said Estates taking likeways into their Consideration , that all Heretors , and the superior sort of His Majesties Leidges , do really Contribute to the foresaid War , by their paying of Supplies , Pole-money and Excise , and other publick Burdens ; whereby it seems most reasonable , that the inferior sort , that Contribute little or nothing , specially such who are young Men , without Wives or Children , and do Earn their Living by Dayly Wages , or Termly-hire for their Handy work , and who by the Laws of the Land may be compelled to serve , His Majesties other good Subjects should be made lyable to contribute their Service for a certain space in the foresaid War , which is manifestly most necessary for the Defence and Security of themselves and the whole Kingdom , beside the other Advantages of Profit and Honour that thereby may accrew to them . Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , that until the next Session of this Parliament , and for the Service of the present War , either at Home or Abroad , there shall be furnished to His Majesty , the Number of One Thousand Men Yearly , when His Majesty shall Require them , to be Proportioned and Levied , conform to the Rules and Proportions contained in the Act 1663 , Intituled , An Humble Tender to His Sacred Majesty of the Duty and Loyalty of His antient Kingdom of Scotland , as to the Twenty thousand Foot therein-mentioned ; which Thousand Bodies of Men , shall be Furnished and Levied , without any Charge or Burden of Money on the Country whatsomever , in this manner , Viz. That the Commissioners of Supply for the respective Bounds where the said Proportions shall fall , first design , and cause be given , the Idle , Loose and Vagabond Persons , lyable by former Acts of Parliament , to be seised by Sheriffs , and who have not Wife and Children , to make up the foresaid Number ; and in the next plate , shall cause all the young Feasible Men of the Bounds , not having Wife and Children , and who are not Menial or Domestick Servants to any Heretor , but Earn their Living by Dayly Wages , or by Termly Hire payed them by other Masters for their Handy-Labour ; to meet at certain Days and Places , and there by Lot , and throwing of the Dyce , or otherways as they shall think fit , Determine which of them shall go furth to serve as Souldiers , with this Provision , that the foresaid persons being all first listed by the said Commissioners , and appointed to Meet as said is , if any of them shall be absent , any Heretor to be appointed by the said Commissioners , shall throw for him , and if the Lot shall fall on that person absent , or if he shall be otherways designed to be put furth by the said Commissioners , he shall be lyable in all time thereafter as a Deserter , sicklike as if he had been present ; and with this Encouragement to the whole foresaid Persons , to be put furth in manner foresaid , that they shall have Twenty Pounds Scots payed them in ready Money , by the Officer who receives them , at the sight of one of the said Commissioners ; and in the next place , that their being put furth and engaged as said is , shall not oblige them longer to be and continue Souldiers , then for the space of Three Years , and the first of November after the said years , from the time of their said Engagment , at which time they shall have an authentick free Pass , unless they Subscribe a new Consent to continue longer in the Service . And the further Execution of this Act , that the foresaid Levies and Recruits may be effectually raised in the most easie manner , is Referred and Recommended to the Lords of His Majesties Privy Council , who are hereby thereto fully Impowered , during the continuing of this War , and no longer . And after so just a Condescendance for Facilitating of Levies and Recruits , It is hereby Statute and Ordained , that no Officer , either at Home , or from Abroad , offer to take on or press any free Leidge to be a Souldier , unless the Man be ta●en on by Agreement , owned by him in presence of the Judge of the Bounds ; and if any Officer shall Contraveen this Order , and Press or Compel any Man , contrait to the Rule hereby established , that it be reckoned Oppression , and the Transgressor punished by the Fine of a Months Pay , and farder by Imprisonment , or Breaking and Casheiring , as the Lords of Council shall think fit . And it is farder hereby Statute and Ordained that all Officers exacting Lodging , Coal and Candle gratis , for themselves , their Wives or Children , shall loss and tyne their Commission ; and that all Souldiers Exacting Lodging , Coal and Candle gratis , for their Wives and Children , shall be lyable for the Parties Dammage , to be payed by their Commanding Officers , at the sight and appointment of any Magistrat within Burgh , or other Judges to Landward ; Certifying the Officer failieing herein , that he shall be lyable in Three Months Pay , and farder punished as the Lords of Council shall appoint ; which Fines are also to be applyed for reparation of the Parties in the first place , and the Superplus as the Council shall think fit . XXXIV . ACT For Additional Imposition upon Forraign Commodities Imported . Iuly 17. 1695. THE Estates of Parliament , Considering the great Concessions granted by His Majesty in this present Session of Parliament , in Favours of the natural Product of this Kingdom , by the Encouragment given for the Exporting of Corns , and the many Priviledges allowed for the Improvement of Trade and Manufactories , and that it is reasonable , there should be such Additional Duties and Customs laid upon Forraign imported Commodities , in requital for His Majesties gracious favour , Do with all humble Duty and Thankfulness , Offer to His Majesty the additional Duties upon the Forraign Commodities after-mentioned , and that by and attour what they were formerly lyable unto by Acts of Parliament preceeding the Date hereof , as by the following Table ,   Lib. sh. d. Imprimis , Upon all Wine imported from France of New-Duty 18 00 00 Which with the 30 lib. scots formerly imposed by the Privy Council upon the account of the Sumptuary Act , makes in all per Tunn 48 00 00 Item , Spanish Wine from Spain , the Imposition formerly imposed by the Council , is hereby ratified , which is per Tunn . 30 00 00 Item , On Brandy , the former Duty of Twenty pound sterling , being ordinarly reduced by the Lords of Thesaury and Farmers to Twelve pound sterling ; there is added of New-Duty per Tunn , by and attour the said 12 lib. 72 00 00 Item , Upon Mum-Bear , over and above the old Duty , there is hereby added of New-Duty per Barrel 06 00 00 Item , On Tobacco in Leaf , not from the Plantations of New Duty per pound 00 02 00 Item , On Tobacco in Roll not from the Plantations , of New-Duty per pound 00 04 00 Item , On all French Wines imported from Holland , or any where else not of the Growth of the place from whence it is Exported , by and attour the above-written Duty , there is added of New-Duty per Tunn 30 00 00 Item , On all Spanish Wine from any place except Spain of New-Duty per Tunn . 48 00 00 Item , On Raisins and Currens from any place not of the Growth from whence they are Exported per hundred Weight , of New-Duty . 02 8 00 Item , On Figgs imported after the same manner per 100 Weight of New-Duty 01 8 00 Item , On Sugar in Loaf imported , of New-Duty per 100 Weight 03 00 00 Item , On Soap imported , of New-Duty per Barrel . 02 00 00 Item , On all sorts of Wrought Silks , Silk-Plushes , Stockings , of New-Duty per pound weight 01 10 00 Item , On all sorts of Silks wrought of Gold and Silver , per pound weight of New-Duty 03 00 00 Item , On all Silver and Gold Fringes , Silver and Gold Laces , Gallouns and Embroideries imported , per pound weight of New-Duty 03 00 00 Item , On all Forraign Laces and Points imported , of New-Dutty Ten per Cent value Item , On all Forraign Woollen Cloath imported , of New-Duty per Eln 00 12 00 Item , On all Forraign Sarges and Worsted-Stuffs imported , of New-Duty per Eln 00 06 00 Item , On all Forraign Flannels , Fingrums , of New-Duty per Eln 00 04 00 Item , On all Linen-Cloath imported from Forraign Countries , of New-Duty per whole Piece at 36 Elns 12 00 00 Item , On the Half-Piece of Forraign imported Linen-Cloath of New-Duty 06 00 00 Item , On all Silesia-Linnen , of New-Duty per Piece being 5 Elns , 01 00 00 Item , On all Threed imported , of New-Duty five per Cent value Which Duties and Customs above specified , Our Soveraign Lord with Advice and Consent of the Estates of Parliament , Statute and Ordain to be payed by all Merchants and other Importers of the said Forraign Commodities , in the same manner as the other Duties to which they were formerly lyable ; And Ordains all Farmers , Collectors , Surveyers and others , to In-gather the same , and that after the same manner they do His Majesties other Duties upon Forraign imported Commodities , and that from and after the Term of Martinmass 1696 years : And hereby Discharges the said Collectors , Farmers , Surveyers , and other In-bringers of His Majesties Customs to Transact , Abate or allow of any Defalcation of the Additional Duties above-specified , under the pain of Deprivation of their Offices , and losing the Benefite of their Tacks . XXXV . ACT Anent burying in Scots Linen . Iuly 17. 1695. OUR SOVERAIGN LORD , with Advice and Consent of the Estates of Parliament , for the better improvement of the Manufactory of Linen within the Kingdom , and restraining the Import of all Forraign Linen , Doth hereby Ratify and Approve the sixteenth Act of the Parliament 1686 Intituled , Act for burying in Scots Linen , in the hail Heads and Articles , thereof ; Ordaining the same to be put to strict Execution in all Points , with this Addition , that none presume to cause bury any in Scots Linen , in value above Twenty Shilling Scots per Ell , under the same pains set down in the foresaid Act against burying in Forraign Linen : And for the better discovery of the said Transgression , and Execution of the foresaid Act , and the Addition hereby made to it , His Majesty , with Consent foresaid , Statutes and Ordains , That the nearest Elder , or Deacon of the Parish , with one Neighbour or two , be called by the Persons concerned , and present to the putting of the dead Corps in the Coffin , that they may see the same done , and that the foresaid Act , with this present Addition is observed , and subscribe the Certificat , mentioned in the foresaid Act , and that whatever Relation , or other Friends of the Defunct present , and having the Charge of the burying , shal either fail in observing the foresaid Act , with this Addition , or to call the Elder or Deacon , with such Neighbours as may be Witnesses , or to send and give in the Certificat , appointed by the said Act , he or they shal be holden as Transgressours , and lyable in the Pains thereof ; which Pains are also hereby intirely applyed , and given to the Poor of the Parish : and any Elder or Deacon of the Parish is impowered to pursue for the same , for their use , nor shal any Pursuit for the said Fines be Advocat from the Inferiour Judge Competent , nor any Sist of Process given , nor shal any Decreet therefore be Suspended , but upon Discharge or Consignation allanerly . And it is further hereby Statute , That it shal not be leisom to any Person , to make or sew any sort of dead Linen , contrair to the foresaid Act , and this present Addition , under the pain of Fourty Merks toties quoties , for the use of the Poor , as said is . XXXVI . ACT Anent the Skinners . Iuly 17. 1695. OUR SOVERAIGN LORD the KINGS MAJESTY , with Advice and Consent of the Estates of Parliament , in pursuance of the many Good Acts made for the setting up , and maintaining of Manufactories , and particularly , of the Act 1661 , Intituled Act for Erecting of Manufactories ; and for the greater Incouragement of the Skinners of this Kingdom , towards the improvement of the Native Commodities of Wild-Skins and Lamb Skins , and the Art of that Craft , Do hereby Discharge all and every Person whatsomever , Native or Stranger , to Export out of this Kingdom any Wild-Skins , such as Wild-hyds , Dae and Rae , Roe and Roe-Buck , and Kid , with the Hair upon them , until they be made in Work , or dressed Leather , to the good of the Kingdom . As also , His Majesty , with Advice and Consent foresaid , Discharges all and every Person , Native or Stranger , to import any Forraign made Gloves , of whatsomever sort , Certifying such as shal do in the contrair , either by Export or Import , as said is , that they shal not only forefault the foresaids Goods , exported or imported , or the just value thereof , the one half to His Majesty , and the other half to the Informer , who shal prosecute the same before His Majesties Exchequer , but also be furder lyable to such Pecunial Fines , or other Punishments , as the Lords of His Majesties Exchequer shal think fit to inflict : Declaring that this Act shal commence and take effect after the first day of August next to come ; and impowering the saids Skinners , and any Merchands , or any others concerned with concurse of a Magistrat , to search for , and make seizure of the foresaid Goods hereby prohibited to be exported or imported . For the more effectual Execution of the Premises , and for the better Improvement of the said Skins , Our Soveraign Lord , hereby Ratifies and Approves the Act made be the Convention of Burrows , anent the sufficiency of Skins , and Ordains the Magistrats of all Burghs to put the said Act to due execution in all Points . And Lastly , it is hereby Declaired , that the foresaid Act of Parliament , for Erecting of Manufactories , and any allowance that may be therein given , for the Manufactoring of the saids Skins , shal be but prejudice to the Rights and Priviledges of the Craft and Incorporation of Skinners , in all , or any of the Burghs of this Kingdom . XXXVII . ACT Anent the Iusticiary of the Highlands . Iuly 17. 1695. OUR SOVERAIGN LORD Considering , That there was an Act of Parliament , made in the year 1693 , for the Justiciary in the Highlands ; Declaring , That His Majesty , by vertue of His Prerogative Royal , might grant Commissions of Justiciary for the said Bounds , with all Power , necessary and usual : Excepting thence , from the Bounds lying within the Heretable Right of Justiciary General , pertaining to the Earl of Argile , or any other Person , providing nevertheless that the foresaids Persons , whose bounds were excepted , should for the space of two years , be obliged to grant Commissions to the same persons , whom it should please his Majesty to Commissionat for their saids Bounds and Lands , which two years being now near expired , and it being necessary that the foresaids Commissions , after their expiration should be renewed : Therefore , His Majesty , with Advice and Consent foresaid , Does hereby prorogate the foresaid Provision , to the effect , and in the Terms aftermentioned , viz. That when the Commissions are granted by His Majesty , for the necessary repressing of the Depredations and Robberies , so frequently committed in the Highlands , for the saids Bounds not above excepted , the foresaids Persons having Right to the said Heretable Justiciaries General , shal grant ample Commissions for their respective Bounds at the same time , and to the same Persons ( at least to so many of them as are willing to act , by vertue of the saids Justiciaries Commissions ) to the effect the saids Commissioners , acting unanimously , within any part of the whole foresaid Bounds , the saids Crimes may be the more effectually punished and restrained , and that these Commissions may , and shal be granted , as said is , for the space of three years ; which is to begin after the present Commission granted by His Majesty is expired : Which Commissions shal continue all Powers necessary and usual in Commissions of Justiciary , without prejudice always to the whole foresaid Persons , and Lords of Regality , and all others of their several respective Rights and Jurisdictions , and also reserving the Right of Prevention , and the Right of Casualities and Escheats , in manner provided in the said Act. XXXVIII . ACT Concerning the Dividing of Commonties . Iuly 17. 1695. OUR SOVERAIGN LORD , With Advice and Consent of the ESTATES OF PARLIAMENT , for preventing the Discords that arise about Commonties , and for the more easie and expedit Deciding thereof , in time coming , STATUTS and ORDAINS , That all Commonties , Excepting the Commonties belonging to the KING and Royal-Burrows ; that is , all that belongs to His MAJESTY in Property , or Royal-Burrows in Burgage , may be divided at the Instance of any having Interest , by Summons raised against all Persons concerned , before the Lords of Session● who are hereby Impowered to discuss the Relevancy , and to determine upon the Rights and Interests of all Parties concerned , and to value and divide the same , according to the value of the Rights and Interests of the several Parties concerned , and to grant Commissions to Sheriffs , Stewarts , Baillies of Regality and their Deputs , Justices of Peace , or others , for perambulating and taking all other necessary Probation , which Commissions shal be reported to the saids Lords , and the said Processes ultimatly Determined by them . And where Mosses shal happen to be in the said Commonties , with Power to the said Lords , to divide the said Mosses , amongst the several Parties having Interest therein , in manner foresaid ; or in case it be instructed to the said Lords , that the said Mosses cannot be conveniently divided , His MAJESTY , with Consent foresaid , Statuts and Declares , that the said Mosses shal remain Common , with free Ish and Entry thereto , whether divided or not , Declaring also , that the Interest of the Heretors , having Right in the said Commonties , shal be estimat according to the Valuation of their respective Lands or Properties , and which Divisions are appointed to be made , of that part of the Commonty that is next adjacent to each Heretors Property . XXXIX . ACT Discharging the Venting of Rum. Iuly 17. 1695. OUR SOVERAIGN LORD Considering , that the Brandy commonly called Rum made of Molossus , does hinder the Consumpt of strong Waters made of Malt , which is the Native Product of this Kingdom : As also , that the said Rum is rather a Drug than Liquor , and highly prejudicial to the Health of all who drink it . Therefore , His Majesty with Advice and Consent of the Estates of Parliament , Prohibits and Discharges the making of Rum , except allenarly for Export : Certifying the Contraveeners , that they shal lose and amit their Priviledges granted to them as Manufactories , and be otherways punished as the Lords of Privy Council think fit . XL. ACT Anent Letters Passing the Signet . Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , for Reviving and Preserving the good Order that ought to be kept in the Passing of Writs under the Signet , Statutes and Ordains , that all Writs Passing under the Signet , called the Signet of the Lords of Session , be Subscribed by a Writer as Clerk to the said Signet : Excepting allanerly herefrom , Letters of Diligence in Processes before the Session , and Letters of Citation before the Parliament , which are to be Subscribed by the Clerks of Session . And His Majesty with Advice foresaid , Prohibits the Keeper of the said Signet , to affix the same to any Letters not Subscribed as above , any Custom or Practice in the contrary notwithstanding , and that as he will be answerable upon his Peril . XLI . ACT Anent Executry and Moveables . Iuly 17. 1695. OUR SOVERAIGN LORD Considering , that the Law is Defective , as to the Affecting with Legal Diligence , the Moveable Estate which pertained to a Defunct , either for his own , or his nearest of Kins Debt , in such manner as a Defuncts heretage , may be affected by Charging to Enter Heir in the known manner : Doth therefore , with Advice and Consent of the Estates of Parliament , Statute and Ordain , that in the case of a Moveable Estate left by a Defunct , and falling to his nearest of Kin , who lyes out , and doth not confirm , the Creditors of the nearest of Kin , may either require the Procurator-Fiscal to Confirm and Assign to them , under the Peril and Pain of his being lyable for the Debt , if he refuse ; or they may obtain themselves Decerned Executors Dative to the Defunct , as if they were Creditors to him : With this Provision always , that the Creditors of the Defunct , doing Diligence to affect the said Moveable Estate within year and day of their Debitors Decease , shall always be preferred to the Diligence of the said nearest of Kin. And it is further Declared , that in the case of any Depending Cause or Claim against a Defunct the time of his Decease , it shall be Leisum to the Pursuer of the said Cause or Claim , to Charge the Defuncts nearest of Kin to Confirm Executor to him within twenty days after the Charge given , which Charge so execute , shall be a Passive Title against the Person Charged , as if he were a Vitious Intromettor , unless he Renunce , and then the Charger may proceed to have his Debt constitute , and the Haereditas Iacens of Moveables Declared lyable by a Decreet Cognitionis Causa , upon the obtaining whereof , he may be Decerned Executor Dative to the Defunct , and so affect his Moveables in the common Form. XLII . ACT Allowing the Administrators of the Common Good of Burrows , to Adventure their Stocks , or any part thereof , in the Company of Forraign Trade . Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , for the Encouragement of the Undertakers for Forraign Trade , conform to an Act made in their Favours in this present Session of Parliament , Intituled , Act for a Company Tradeing to Affrica and the Indies , doeth hereby Statute and Declare , that it shall be Leisum to the Magistrats and others , the Administrators of the Common Good of Burghs ; As also , to the Deacon , Masters , and other Administrators whatsoever of any Incorporation , or Body , or Company Incorporat , or Collegiat within this Kingdom , to Adventure and put in Money belonging to their respective Administrations , for a Share and Part to be Purchased to the saids Burghs and Incorporations in the said Company mentioned in the said Act , bearing the name of the Company of Scotland Tradeing to Affrica and the Indies , in the Manner and in the Terms provided within the said Act , and that their putting in the Money of the said Burghs . Incorporations , under their Care and Charge , and Adventuring the same in the said Company , shall be repute and held for a Deed of lawful Administration , and though the Success and Event thereof , should happen not to be Prosperous , yet it shall never be construed to be a Deed of Lesion against the said Administrators , but their Acting in this Behalf , is hereby Declared to be Lawful and Warrantable , for the Security of the foresaid Persons in all Events . XLIII . ACT Anent the Poor . Iuly 17. 1695. OUR SOVERAIGN LORD with Advice and Consent of the Estates of Parliament , doeth hereby Ratifie , Approve , and Revive all Acts of Parliament , and Acts and Proclamations of Council , for Maintaining of the Poor , and Repressing of Beggers , and Ordains them to be put to Vigorous Execution in all Points . And further , Impowers the Lords of His Majesties Privy Council , to take the most effectual Course to make the said Acts and Proclamation effectual , conform to the true Design thereof . XLIV . ACT Salvo Jure Cujuslibet . Iuly 17. 1695. OUR SOVERAIGN LORD Considering , That there are several Acts and others Past and Made in this Session of Parliament , in favours of particular Persons , without Calling or Hearing of such as may be thereby Concerned and Prejudged : Therefore His Majesty , with Advice and Consent of the Estates of Parliament , Statutes and Ordains , That all such particular Acts and others past in manner foresaid , shall not Prejudge say Third Party , of their Lawful Rights , nor of their Actions and Defences competent thereupon , before the making of the said particular Acts ; And the Lords of Session , and all other Judges within this Kingdom , shall be Obliged to Judge betwixt Parties , according to their several Rights standing in their Persons , before the Making of the said Acts ; all which are hereby Expounded and Declared to have been Made Salvo Iure Cujuslibet . XLV . ACT Of Adjournment . Iuly 17. 1695. THE KINGS MAJESTY Declares this Parliament currant , and Adjourns the same to the Seventh Day of November , next to come ; Ordaining all Members of Parliament , Noblemen , Commissioners from Shires and Burghs , and all others having Interest , to Attend at Edinburgh that Day , at Ten a Clock ; and that there be no new Elections in Shires or Burghs , except upon the Death of any of the present Commissioners . Collected and Extracted from the Registers and Records of Parliament , by TARBAT , Cls. Registri . A TABLE Of the Printed Acts. Page 1 ACT for a Solemn Fast. 1 2 Act Regulating Citations before the Parliament . 3 3 Act Adjourning the Summer-Session till the first of Iuly 1695. 4 4 Act anent the Justice-Court . 5 5 Act anent Principals and Cautioners . 6 6 Act Regulating the Sale and Payment of Bankrupts Estates . 7 7 Act for Six Months Supply upon the Land-Rent . 8 8 Act for a Company Tradeing to Affrica and the Indies . 17 9 Act Adjourning the Session till the first day of November 1695. 23 10 Act for Pole-money . Ibid. 11 Act against Blasphemy . 27 12 Act against Irregular Baptisms and Marriages . 28 13 Act against Prophaneness . 29 14 Act for Restraining the Prophanation of the Lords Days , by keeping Weekly Mercats on Munday and Saturnday . 30 15 Act for Encouragment of Preachers at Vacant Churches be-north Forth 31 16 Act anent the Ease of Annualrents Due by Persons Restored , and anent the Creditors Diligence to be Used against them . 32 17 Act anent the Mint . 34 18 Act anent the Quorum of the Commission of the Teinds . 35 19 Act anent the Duty on Scots Muslin . 36 20 Act anent the Post-Office . Ibid. 21 Explanatory Act anent the Excise of Brandy . 39 22 Act against Intruding into Churches without a Legal Call and Admission thereto . 40 23 Act anent Lands lying Run-rig . 41 24 Act for Obviating the Frauds of appearand Heirs . 42 25 Act anent the Repetition of Fines . 44 26 Act Discharging Popish Persons to prejudge their Protestant Heirs in Succession . 45 27 Act concerning the Church . 46 28 Act for the Additional and Annexed Excises . 48 29 Act for Continuing the Additional Excise till March 1667 , with Three Months farder Cess . 51 30 Act for Preservation of Meadows , Lands and Pasturages lying adjacent to Sand-Hills . 52 31 Act for turning the Tack of the Pole 1693 , into a Collection . Ibid. 32 Act for Encouraging the Exportation of Victual . 55 33 Act for the Levies . 56 34 Act for Additional Imposition upon Forraign Commodities Imported . 58 35 Act anent burying in Scots-Linen . 60 36 Act anent the Skinners . 61 37 Act anent the Justiciary of the Highlands . 62 38 Act concerning the dividing of Commonties . 63 39 Act Discharging the Venting of Rumm . 64 40 Act anent Letters Passing the Signet . Ibid. 41 Act anent Executry and Movables . 65 42 Act allowing the Administrators of the Common Good of Burrows , to Adventure their Stock , or any part thereof , in the Company of Forraign Trade . 66 43 Act for Reviving the Acts of Council made anent the Poor . Ibid. 44 Act Salvo Iure Cujuslibet . 67 45 Act of Adjournment . Ibid. A TABLE Of the Acts and Ratifications past in the Fifth Session of His Majesties first Parliament , which are not here Printed . HIs Majesties Commission to Iohn Marquis of Tweeddule produced . The Earl of Annandale named President to the Parliament . Protestations several Noblemen , for their Precedencies in the Rolls of Parliament . Several Excuses offered for several absent Members , and received . His Majesties Letter , appointing the Lord Yester to sit and Vote in Parliament , in place of the Lord High Thesaurer . His Majesties Letter to the Parliament . Address of Condoleance for the Death of the Queen . Act anent the Election of the Burgh of Anstruther-Easter . An Address by the Parliament to His Majesties High Commissioner , for transmitting their humble Thanks to His Majesty , for ordering an Enquiry in the matter of Glenco . Act anent the Lords of Session who are upon Committees . Act in Favours of Evan M cgrigor . Decreet Sir William Scot of Hardin , against George M ckenzie of Rosebaugh . Warrand the Shire of Clackmannan for a new Election . Warrand for pursuing the Earl of Broadalbane . Act for a General Contribution for relief of some Captives . Recommendation in Favours of Mrs. Martin . Decreet Sir Iames Ramsey and his Lady , against the Earl and Countess of Seaforth . Act in Favours of Sir Thomas Livingston . Decreet against Mr. Thomas Craven , Mr. Andrew Burnet , and Mr. Alexander Thomson . Decreet the Earls of Roxburgh , Haddington , Galloway , and others , against the Earl of Lothian . Decreet in favours of Mr. Thomas Skeen . Protestation the Earl of Lothian , against the Earl of Roxburgh and others . Act in favours of the Kings Colledge of Old Aberdeen . Decreet the Co-heirs of Carnock , against Nicolson of Tilly-Cultry . Act in favours of the Children of the first marriage of the Earl of Melfort . Decreet of Forefaulture , against the Earls of Midleton● Melfort , and Sir Adam Blair . Act in favours of Collonel Hill. Reference the City of Edinburgh and Earl of Melvill . Recommendation in favours of Sir David Carnegy of Pittarow . Recommendation in favours of the Laird of Lundy . Act in favours of Gilbert Meuzies of Pitfoddels . Act in favours of Mr. Thomas Craven , Mr. Andrew Burnet , and Mr. Alexander Thomson . Act and remit the Town of Edinburgh and AEneas M cleod . Act in favours of Iames Lyel . Act in favours of Sir Alexander Hope of Kerse and others : Remit Process of Forefaulture against the Rebels in France , depending before the Parliament to the Justice Court. Order for apprehending Lieutenant Collonel Hamilton . Order anent Mr. Alexander Barclay . Act anent Mr. Bernard M ckenzie . Order anent Mr. Gilbert Ramsey . Act in favours of the Burgh of Cullen . Order for re printing of the Act for the Supply . Address to His Majesty anent the Slaughter of the Glencoe-men . Protection in favours of the Glencoe-men . Recommendation in favours of the Laird of Grant. Act for a Manufactory of White-paper . Order anent the Clerks and Collectors of Supply . Act and remit the Laird of Rothemay and Abernethy of Mayens . Act in favours of the Linen-manufactory . Act in favours of the Lord Frazer . Decreet Sir Iohn Dempster of Pitliver , against the Earl and Countess of Seaforth . Remit in favours of the Lady Dowager of Beilhaven . Remit Clara and Patricia Ruthvens , and Sir Alexander Hope of Kers . Recommendation in favours of Alexander Duff of Braco . Recommendation in favours of the Synod of Argile . Recommendation in favours of the late Bishop of Argile . Order and Warrand anent Iohn Dick and the Town of Stirling . Recommendation in favours of Heriots Hospital . Act in favours of the Laird of Hoptoun . Act and Commission for reviseing the Laws . Act in favours of His Majesties Advocat . Act in favours of the Town of Air. Act in favours of the City of Aberdeen . Act in favours of the Town of Irwin . Act in favours of the Laird of Colloden . Act in favours of the Earl Marischals Colledge of Aberdeen . Recommendation in favours of Sir Thomas Stewart of Kirkfield . Recommendation in favours of Sir Colin Campbel of Abberuchil . Recommendation in favours of Duncan Forbes of Culloden . Recommendation in favours of the Children of the first and second Marriage of Sir Andrew Dick. Recommendation in favours of Elizabeth Duncan and her Son. Recommendation in favours of Mrs. Gillespy . Recommendation in favours of Captain Walter Lockhart of Kirktoun . Remit Mr. Iames Da●s and Iames Hay of Carribber to the Session . Act and recommendation in favours of Iames Bain . Remit in favours of Iames Crawfurd of Montquhanny , Sir Thomas Kennedy , and others . Recommendation in favours of the Laird of Kilmaronock . Remit in favours of the Laird of Glenkindy and Sir Adam Blair . Remit Mr. Alexander Heggins and Iohn Callender . Act in favours of George Baylie of Ierviswood . Recommendation in favours of William Boig . Recommendation in favours of the Laird of Culbin . Order the City of Edinburgh and the Laird of Comistoun . Act in favours of the Laird of Langtoun . Act in favours of William Beatty . Recommendation in favours of the Burgh of Fortross . Recommendation in favours of Iohn Spotswood . Decreet in favours of Mrs. Lilias Stewart . Act in favours of Iames Curry late Provost of Edinburgh . Act in favours of Comb-makers . Act in favours of Alexander Fearn . Act in favours of William Scot and Iohn Heislop . Act anent the Earl of Broadalbane . Recommendation in favours of the Macers and Keepers of the Parliament House . Act in favours of Robert Douglass . Act in favours of Iohn Adeir and Captain Slezer . Act in favours of Whitefield Heyter , and others . Act in favours of the Heirs of Taylzie of Mauldsly . Act for erecting a publick Bank. Act in favours of the Burgh of Dysart . Act in favours of the Burgh of Culross . Acts for several Fairs and Weekly Mercats . Act and Ratification in favours of Sir Iohn Hall of Dunglass . Ratification in favours of the Chyrurgions and Chryurgion-Apothecaries of Edinburgh . Protestation the Town of Edinburgh against the same . Ratification in favours of the Nine Trades of Dundee . Protestation the Walkers and Litsters of Dundee against the same . Ratification in favours of the Burgh of Breichen . Ratification in favours of the Candlemakers of Edinburgh . Ratification in favours of the Walkers and Litsters of Dundee . Protestation the Town and Trades of Dundee against the same . Ratification in favours of Alexander Spittel of Leuchit . Ratification in favours of the Piriwig-makers of Edinburgh . Ratification in favours of Iames Lindsay of Dovehill . Ratification in favours of the Cowpers of Glasgow . Protestation the Town of Glasgow against the same . Ratification in favours of William Rai●ly of Brunsfield . Ratification in favours of the Laird of Rowallan . Ratification in favours of Sir William Stewart of Castle-milk . Ratification in favours of the Viscount of Tarbat . Protestation the City of Edinburgh against the same . Ratification in favours of Sir Iames Falcon●r of Ph●sdo . Ratification in favours of William Cunningham Brother to Gilbertfield , of the Lands of Kilbryde . Ratification in favours of James Turner . FINIS . These are Allowing the Two Acts , past in Parliament on the Twenty second Day of Iuly , One thousand six hundred and ninety Years , in Favours of Sir Patrick Home of Polwarth , now Lord Polwarth , to be Printed . TARBAT , Cls. Registri . ACT Rescinding the Forefaulture of Sir Patrick Home of Polwarth . Edinburgh , Iuly 22. 1690. OUR SOVERAIGN LORD and LADY the KING and QUEENS Majesties , and the ESTATES of PARLIAMENT Considering , That the Meeting of the ESTATES of this Kingdom , In the Claim of Right , Dated the Eleventh of April , One thousand six hundred eighty and nine years , Have declared , that the causing Pursue and Forefault Persons upon weak or frivolous Pretences , or upon lame and defective Probation , is contrary to Law ; And also , that all Forefaultures are to be considered , and the Parties laesed to be redressed : And having considered the Process of Forefaulture led and deduced before the Three Estates of Parliament , upon the twenty second of May , One thousand six hundred eighty and five years , against Sir Patrick Home of Polwarth in absence , with the Decreet and Doom of Forefaulture following thereupon , and that the Pretences insisted upon in the said Proces of Forefaulture , against the said Sir Patrick Home , Viz. His meeting with the deceast Mr. Robert Martine , and other Persons at the Places therein Lybelled , and discoursing with them of the extream Hazard that threatned the Protestant Religion , the Laws and Liberties of this Kingdom ; in case Iames then Duke of York would succeed to the Crown , and of the Ways and Methods then talked of in England , and such as might be taken in Scotland for preventing the same , and for his exclusion from Succession to the Crown ; are weak and frivolous Pretences , to infer the Crime of Treason ▪ As Likewise , that the Probation wa● lame & defective , seing it did confe●● of the Depositions , and Testimonies of Persons , who a little before hade been accused of the same pretended Crimes , and who , after submission made , and when their Lives and Fortunes were at the late Kings Mercy , had predetermined themselves by their Confessions and Depositions then emitted ; For albeit they were secured , as to their Lives , when they deponed before the Parliament , yet they having emitted their Declarations , when they were under the fear and apprehension of being Forefaulted themselves , and when they renewed their Confessions before the Parliament , they could make no alteration , unless they had declared themselves to be perjured , they having only adhered to the very same Testimonies formerly emitted , by them except the Earl of Tarras , who depons of new , and not upon his Declaration formerly emitted , but proves nothing against the said Sir Patrick Home . And also considering , that there is nothing proven by the Witnesses , in habit , as they were against the said Sir Patrick , of his being upon , or privy to any Design or Contrivance against the Person and Life of King Charles the Second , and that the Testimonies do not concur and agree in any particular Fact , which by the Common Law or Custom could infer the Crime of Treason against the said Sir Patrick . And likeways having considered the Act of Adjournal of the Justice Court , of the date the day of One thousand six hundred eighty years , upon which the said Sir Patrick Home was denounced Fugitive , for not compearance ; and that there was no relaxation raised , until a few Days before the dyet of Compearance in Parliament ; though neither he had the offer of an Indemnity , nor was for the time in open Rebellion , so that he had not tutus accessus , and that the saids pretended Crimes , lybelled in the said Act of Adjournal , are the same contained in the foresaid Sentence of Forefaulture before the Parliament . Therefore , Their Majesties , with Advice and Consent of the Estates of Parliament , Do hereby , by way of Justice , Rescind , Retreit , Cass , and Annull , the foresaid Decreet , and Sentence of Forefaulture , pronounced against the said Sir Patrick Home , and all Gifts of Forefaulture , if any be granted , by the late King Iames , of the said Sir Patrick his Estate , or any part thereof , to any Person or Persons whatsomever : And the foresaid Act of Adjournal , with all that has followed , or may follow thereupon : And declares the said Decreet and Sentence of Forefaulture , and Act of Adjournal to have been from the beginning , to be now , and in all time coming void , null , and of no avail , force , strength nor effect : and restores the said Sir Patrick Home , his Children and Posterity against the same , in integrum ; and Rehabilitating them to their Blood-right , and Benefit of Succession , Name and Fame , sick-like , and as freely in all respects , as if the said Decreet and Doom of Forfaulture had never been given , nor pronounced . Rescinding hereby the Act of Annexation of the said Sir Patrick , his Estate to the Crown ; and dissolving the same therefrae . As also , Their Majesties , with Consent foresaid , Decerns and Ordains , all the Intrometters with the Lands , Rents , Goods and Gear , or other Estate , moveable or immoveable , pertaining and belonging to the said Sir Patrick Home , to be lyable for , and refound the famine to him , his Heirs , Executors or Assigneys , and that Letters may be direct for that effect , in Form as effeirs ? And their Majesties , and Estates of Parliament , Statute and Ordain , that this present Act shal have full force , strength , and effect of a publick Law , in favours of the said Sir Patrick Home , and others aforesaid . And it is hereby Declared , That this present Act is , and shal be understood to be excepted from the Act Salvo Iure to be past in this present Parliament . ACT Dissolving Sir Patrick Home of Polwarth his Estate from the Crown . Iuly 22. 1690. FOrasmuch as , by an Act and Sentence of this present Parliament , the Doom and Sentence of Forefaulture , pronounced in anno One thousand six hundred eighty and five , against Sir Patrick Home of Polwarth , is ex Iustitia , Reduced and Rescinded : and that by an Act of the Sixteenth of Iune , One thousand six hundred eighty and five , the Estate and Lands belonging to the said Sir Patrick Home were formerly annexed to the Crown ; Which Act of annexation is now also by the said Act Reductive in his Favours , Rescinded , and declared void : Therefore , and for the said Sir Patrick his more full and effectual Restitution , and without any derogation to the said Act Reductive , in his Favours , but accumulating Rights to Rights , Our Soveraign Lord and Lady , the King and Queens Majesties , with Advice and Consent of the Estates of Parliament , have dissolved , and hereby dissolves from the Crown and Patrimony thereof , the Lands and Barrony of Polwarth , the Lands and Barrony of Grein-Law and Reid-Path , with the Right of Patronages , and whole Pertinents thereof ; And Lands of with all other Lands , Rights and Estate , pertaining to the said Sir Patrick Home , and that in Favours of the said Sir Patrick himself , that he may bruick and enjoy the same as if he himself had never been forefaulted , or as if the saids Lands and Estate had never been annexed . Declaring that this present Act shal have the strength and effect of a General Law and Act of Parliament ; and shal be al 's Valid and Effectual to the said Sir Patrick , his Heirs and Successors , for their Security of the whole Premisses , as any other Act of Dissolution made and enacted at any time bygone , in Favours of whatsomever Person : and conform to all the Conditions required by Law , in Acts of that Nature . And farder , that this present Act of Dissolution , is , and shal be understood to be excepted from the Act Salvo Iure , to be past in this present Parliament . Extracted furth of the Records of Parliament , by George Viscount of Tarbat , Lord M cLeod , and Castlehaven , &c. Clerk to the Parliament , and to his Majesties Councils , Registers and Rolls . 
A58746	----	A proclamation for citing ministers vvho have not prayed for Their Majesties Scotland. Privy Council. 1689 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58746 Wing S1857 ESTC R6285 13698808 ocm 13698808 101452 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58746) Transcribed from: (Early English Books Online ; image set 101452) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:55) A proclamation for citing ministers vvho have not prayed for Their Majesties Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by the order of His Majesties Privy Council, Edinburgh : 1689. "Edingburgh, August 22, 1689." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church and state -- Scotland -- Early works to 1800. Dissenters, Religious -- Scotland -- Early works to 1800. Scotland -- Religion -- 17th century -- Sources. Broadsides -- Scotland -- Edinburgh (Lothian) -- 17th century 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , For Citing Ministers vvho have have not Prayed for Their Majesties . Edinburgh , August 22. 1689. WHEREAS by an Act of Council , of the sirth of this I●stant , in Pursuance of an Act of the Meeting of the Estates of this Kingdom , of the thirteenth of April last , the Parochioners and Hearers of such Ministers as have neglected and slighted the Reading of the Proclamation therein mentioned , and the Praying for King William and Queen Marry , are invited and allowed to Cite such Ministers before the Privy Council , which Act of Council grants Warrand for Citing and Adducing Ministers ; And forasmuch as the Design of the said Act , is , that such Ministers who have Disobeyed the said Act of the Meeting of the Estates , may conform thereto by a Legal Sentence be Deprived ; Therefore that the said Act of the Meeting of the Estates , and the Act of Council pursua●t thereof , may attain there intended Design , and Effect with the greater Expedition , and least Expenses to the Leidges , The Lords of his Majesties Privy Council , in Their Majesties flame and Authority . Do invite and allow , not only the Parochioners and hearers of such Ministers as have Disobeyed ; but also the heretors of these Parochins , and the Sheriffs or their Deputs , and Magistrats of Burghs Respective , and the Members of this Currant Parliament , within there Respective Bounds , to cause Cite such Ministers before the Privy Council , and hereby grants Warrand to Messengers at Arms , for Citing them , and such Witnesses as are necessary , they delivering a Copy of these Presents , either in Print or in Writ , Signed by their hand , to each Minister that shall be Cited by them to any Tuesday or Thursday , six dayes after the Citation , for all on this side the River Tay , and fifteen days for all beyond the said River , That such Ministers who have not given Obedience to the said Act of the Meeting of the Estates , may be a Legal Sentence be Deprived according thereto ; and Appoints the Returns of these Executions to be Inrolled by the Clerk of Privy Council , and Called before the Lords at their respective dayes of Compearance ; Declaring that these Present are but prejudice of any Citations already given , or to be given , either upon the former Act of Council , or upon Warrands from the Council-Board . And Ordains these Presents to be Printed , and Published by the Officers of Prive Council at the Mercat-Crosse of Edinburgh , that none may pretend Ignorance . Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD Save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of His Majesties Privy Council , Anno Dom. 1689. 
A58762	----	A proclamation ordered by His Majesties Privy Council of Scotland upon the horrid murther of James, late Lord Archbishop of St. Andrews, Primate and Metropolitan of all and one of His Majesties Most Most Honourable Privy Council of that kingdom Scotland. Privy Council. 1679 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A58762 Wing S1962 ESTC R6314 13703970 ocm 13703970 101453 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58762) Transcribed from: (Early English Books Online ; image set 101453) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:60) A proclamation ordered by His Majesties Privy Council of Scotland upon the horrid murther of James, late Lord Archbishop of St. Andrews, Primate and Metropolitan of all and one of His Majesties Most Most Honourable Privy Council of that kingdom Scotland. Privy Council. 1 sheet ([1] p.) By Tho. Newcomb, Reprinted at London : 1679. "At Edenburgh, Sunday the fourth of May, 1679." Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sharp, James, 1613-1679. Scotland -- Proclamations. Broadsides -- England -- London -- 17th century 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION ORDERED By His Majesties Privy Council of Scotland , Vpon the Horrid Murther of JAMES late Lord Archbishop of St. Andrews , Primate and Metropolitan of all Scotland , and one of His Majesties Most Honourable Privy Council of that Kingdom . At Edenburgh , Sunday the Fourth of May , 1679. CHARLES By the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith , &c. To Our Lyon King at Arms , and his Brethren Heraulds , Macers , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally specially constitute , Greeting : We being fully and by legal Proofs assured of the late Horrid and Bloody Murther committed upon Saturday last , being the Third Day of May instant , by Ten or Eleven Fanatick and Execrable Assassinates , upon the Person of the most Reverend Father in GOD , JAMES late Archbishop of St. Andrews , Primate of all Scotland ; which Barbarous and Inhumane Assassination will ( we doubt not ) spread Horrour and Amazement in the Hearts of such as believe that there is a GOD , or a Christian Religion ; A Cruelty exceeding the Barbarity of Pagans and Heathens , amongst whom the Officers and Ministers of Religion are reputed to be Sacred , and are by the respect born to a Deity whom they Adore , secured against all such Bloody and Execrable Attempts ; A Cruelty exceeding the belief of all true Protestants , whose Churches have justly Stigmatized with the Marks of Impiety all such as defile with Blood those Hands which they ought to hold up to Heaven ; and a Cruelty equal to any with which we can reproach the Enemies of this True and Reformed Church ! By which also not only the Principles of Humane Society , but our Authority and Government ( the Archbishop of St. Andrews being one of Our Privy Council ) is highly violated , and Example and Incouragement given for Murthering all such as serve Us faithfully according to the Prescript of Our Laws and Royal Commands : Daily Instances whereof We are to expect whilst Field-Conventicles , those Rendezvouses of Rebellion , and Forgers of all Bloody and Jesuitical Principles , are so frequented and followed , to the scandal of all Government , and the Contempt of Our Laws ; and which Murther is as far as is possible rendered yet more detestable by the unmasked Boldness of such as durst openly with bare Faces in the midst of Our Kingdom , at Mid-day assemble themselves together , to Kill in Our High-Way the Primate of Our Kingdom , and one of Our Privy Council , by so many Strokes and Shots , as left his Body as it were but one Wound , and many of which being given after they knew he was Dead , were remarkable Proofs they were acted by a Spirit of Hellish and Insatiable Cruelty : Have therefore , with Advice of Our Privy Council , thought sit hereby to Command and Charge all Sheriffs , Stewards , Bayliffs of Regalities and Bayliaries , and their Deputies , Magistrates of Burghs , and Officers of Our Standing Forces , to Search , Seek , Take , and Apprehend the Persons Guilty of the said Horrid Murder , or any Suspected by them , until they be brought to Justice ; and all our good and faithful Subjects to concur in the Taking and Securing ( as far as is in their power ) those Assassinates . And in respect there is a Company of vagrant and skulking Ruffians , who , to the great Contempt of all Government , do Ride through this Our Kingdom , Killing Our Soldiers , Deforcing such as put Our Laws in Execution , and Committing such Horrible Murders , who might be easily Discovered , if all such , amongst whom they Converse , did , according to their Duty , endeavor to Apprehend them , or give Notice of their Residence . We have therefore thought fit , Conform to the 144 Act of Parliament 12 , King James 6. to Command and Charge all Our Subjects , that whenever any unknown Men or Vagabonds happen to repair amongst them , That they with all possible speed Certifie any of Our Privy Council , Officers of Our Forces , or any having Trust under Us thereof ; With Certification to them , That if they omit the same , they shall be punished with all Rigor , Conform to the said Act. And since several of the said Assassinates are known to have been Tenants in the Shire of Fiffe , whose Faces will be known to such of the Witnesses as were present . We hereby Require and Command all the Heretors and Masters of the said Shire of Fiffe and Kinrosse , to bring their Tenants , Cottars and Servants , living in the respective Presbyteries , upon the several days , and to the places following , viz. To St. Andrews , &c. There to be seen by the said Witnesses , and to continue there until they be Examined ; With Certification to such of the said Tenants , Cottars and Servants as shall be absent , they shall be reputed as accessory to the said Crime ; And the Masters , if they produce them not , or if hereafter they harbor any that shall not Compeer , they shall be reputed as Favorers of the said Assassination ; And whereas there are several Persons under Caption and Intercommuning in the said Shire for several Causes , and left Persons , who are innocent , may be thereby debarred from appearing , We have thought fit hereby to sist and supersede all Execution upon any Letters of Caption or Intercommuning , or any other Warrant , for securing of Persons for the space of Forty eight hours , after the said Diets of appearance . And to the end the said cruel Murder may be the more easily discovered , We do hereby offer and give full assurance of our Indempnity to any one of the said Assassinates , who shall discover his Complices , and such as hounded them out , and present payment of the Sum of Ten Thousand Merks to any who shall inform who were the said Assassinates , if upon his Information they , or any of them can be apprehended , that they may be brought to condign Punishment . And We Ordain these Presents to be Printed and Published at the Market-Cross of Edenburgh , and other Places needful . Given under Our Signet at Edenburgh , the Fourth Day of May 1679 and of Our Reign the One and Thirtieth Year . GOD save the KING . Reprinted at LONDON by THO. NEWCOMB . 1679. 
A58763	----	A proclamation ordering the whole militia benorth the river of Forth, to be in readiness with fifteen dayes provision, when called out, &c. England and Wales. Sovereign (1660-1685 : Charles II) 1684 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A58763 Wing S1964 ESTC R6503 13704234 ocm 13704234 101466 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58763) Transcribed from: (Early English Books Online ; image set 101466) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:61) A proclamation ordering the whole militia benorth the river of Forth, to be in readiness with fifteen dayes provision, when called out, &c. England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, printer to His Most Sacred Majesty, Edinburgh : 1684. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Proclamations -- Great Britain. Scotland -- Militia -- Proclamations. Broadsides -- Scotland -- Edinburgh (Lothian) -- 17th century 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION Ordering the whole Militia benorth the River of Forth , to be in readiness with fifteen days Provision , when called out , &c. CHARLES , by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Our Lyon King at Arms , and his brethren Heraulds , Macers of Our Privy Council Pursevants , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as severals of the Inhabitants of the Western and Southern Shires , of this Our ancient Kingdom , notwithstanding of the great Peace , Tranquillity and Plenty , wherewith GOD hath blessed them , under Our Royal Government , the Justice , and Equity of Our Administrations , and of Our great care of preserving the Protestant Religion , in its Truth and Purity ; Have at several times ; and on several occasions , not only moved Sedition , and run into many irregular , and illegal Tumults , but likewise , having casten off all Fe●r of GOD , all Duty to Us , all Affection to their native Countrey , and all Regard to the Laws , Divine and Humane , did , at divers times , rise in open Rebellion , and to that height of Boldness and Impiety , that they have , by Open Force , Attackt Our Armies , Disclaimed Our Royal Authority , Excommunicate Our Sacred Person , and did as far as in them 〈◊〉 throw these happy Nations into the Miseries of War and Ruine ; by so much the more dreadful then former Rebellions , that these who carryed on the recent Seditions , have far out-done all others , in demonstrating , the Villanies of their Principles , by their Practices ; and have at length come to these hights of Wickedness , the Blasphemy , Treason , Assassination , Murders and Robberies are own'd by them , as the highest Principles of their Religion , and the best practice of their Morals ; And albeit GOD in his great Mercy hath blessed Our Government with such Success , that both by the force of Our Arms , and the regular Procedors of Our Judges , their Attempts have been on all occasions Defeat , and many of their persons brought to condign punishment : Yet so far hath their Execrable Principles transported them , that neither these Judgements of GOD , the severity of Our Laws , the steddiness of Our Justice , nor the many reiterated Acts of Our unparalelled Clemency , prevailed so far as to bring them to Duty : But on the contrary , as they were obdure● , to their utter destruction , severals of them do continue to own publickly their Hellish Principles , and upon all opportunities , to practise their Abominable Murders and Assassinations upon our good Subjects : And finding likewise , to Our great regrate , that People guilty of such Principles , and Practices , are not only not pursued by the Inhabitant of the Shires where they appear , but to the astonishment of all good men , are Concealed , Harboured , Intertained and Comforted , contrary to what Law and Duty required of all Our Subjects ; and which being so dangerous to Religion , Government , the publick Peace , the Lives and Fortunes of Our People , that it is not consistent with Our Justice or Honour , not to use the utmost Remedies against so inveterat and pernicious Mischiefs . And We having resolved to imploy Our Royal Power to these ends , by these Methods and Procedurs , which hath been formerly used by Our Royal Predecessors , on all such occasions , Do therefore by this Our Royal Proclamation , Command and Charge all the Officers of Our Militia , both Horse and Foot , benorth the River of Forth to put themselves , and all under their Command , in present readiness , with fifteen days provision , well Armed , and sitted for Our Service , to march whither We , or those Commissionated by Us , shall direct them , on six days Warning . And that all Commissioners of Excise supply , and Militia give all speedy and possible Concurrance , for promoting this Our Service , as they will be answerable at their highest peril . And ordains these Presents to be Published at the Mercat Cross of Edinburgh , and all Other Mercat Crosses of the Shires of this Kingdom , and to be Read by the several Ministers from their respective Pulpits , immediatly after Divine Service in all their Churches upon a Sabbath day , that all persons concerned may have notice thereof ; The which to do , We commit to you , conjunctly and severally , Our full Power , by this Our Letters , delivering them by you , duly execute , and indorsed again to the Bearer . Given under Our Signet at Edinburgh , the twenty and second day of July , One thousand six hundred and eighty four . And of Our Reign , the thirtieth and six Year . Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cl. Sti. Concilii . GOD save the KING . Edinburgh , printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1684. 
A58767	----	A publication of the royal authority of the most serene, most mighty and most august monarch James the Seventh by the grace of God King of Scotland. Scotland. Privy Council. 1685 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A58767 Wing S1994 ESTC R32977 09606124 ocm 09606124 43806 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58767) Transcribed from: (Early English Books Online ; image set 43806) Images scanned from microfilm: (Early English books, 1641-1700 ; 1339:38 or 1949:19) A publication of the royal authority of the most serene, most mighty and most august monarch James the Seventh by the grace of God King of Scotland. Scotland. Privy Council. James II, King of England, 1633-1701. England and Wales. Sovereign (1685-1688 : James II) Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.). Edinburgh, printed by the heir to Andrew Anderson ...; and reprinted at London by Tho. Newcomb, for Susanna Forrester, [London] : 1685. Includes "By the King," James II's letter of authorization, dated Feb. 6, 1684/5. Item at reel 1949:19 identified as Wing J406. Reproductions of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. Scotland -- History -- 1660-1688. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PUBLICATION , Of the Royal Authority , of the most Serene , most Mighty , and most August Monarch , JAMES the Seventh , by the Grace of God , King of Scotland , England , France and Ireland , Defender of the Faith , &c. The Earl of Perth , Lord High Chancellor . The Lord Archbishop of St. Andrews . The Duke of Queensberry , L. High Treasurer . The Lord Arch-bishop of Glasgow . The Lord Marquess of Athol , Lord Privy Seal . The Lord Duke of Hamilton . The Lord Marquess of Douglas . The Earl of Drumlanrig . The Earl of Wintoun . The Earl of Linlithgow , Lord Justice-general . The Earl of Southesk . The Earl of Panmure . The Earl of Tweedale . The Earl of Balcarras . The Lord Yester . The Lord Kinnaird . L. President of the Session . L. Register . L. Advocat . L. Justice-Clerk . L. Castlehill . General Lieutenant Drummond . Drumelzeer . Abbotshall . Colonel Graham of Claver-house . Gossfoord FOrasmuch as it hath pleased the Almighty GOd , to Call CHARLES the Second , Our late Soveraign Lord , of Glorious and ever Blessed Memory , from a Temporary Crown , to Inherit an Eternal in the Heavens ; Whereby the undoubted Right of Succession , to Him , in the Imperial Crown of This , Realm , was immediately Devolved on the Sacred Person of His Royal , and Dearest Brother , Our present Sacred Soveraign ( whom GOD long preserve . ) Therefore We , the Lords of His Majesties Privy Council , Authorized in that Capacity , by His Majesties Royal Letter , bearing Date at Whitehall , the sixth Day of February instant , Do , with the Concurrence of Several other Lords , Spiritual , and Temporal , Barons , and Burgesses of this Realm , Hereby Declare , and Proclaim to all the World , That Our Soveraign Lord JAMES the Seventh , is by Lawful and undoubted Succession and Descent , KING of Scotland , England , France , and Ireland , and , the Dominions there-unto-belonging , Defender of the Faith , & C. ( Whom GOD preserve and Bless with a Long , Glorious , Happy Life and Prosperous Reign ) And whom We shall humbly Obey , Dutifully and Faithfully Serve , Maintain and Defend , with Our Lives and Fortunes against all Deadly , as Our only Righteous King and Soveraign , over all Persons , and in all Causes , as Holding His Imperial Crown from GOD alone . And for Testification whereof , We here , in presence of the Almighty God , and great number of His Majesties Faithful People , of all Estates and Qualities , who are assisting with Us , at this Solemn Publication , of Our Due , Humble , and Faithful Acknowledgement of his Supream Soveraign Authority , at the Mercat Cross of the City of Edinburgh , Declare and Publish , That Our said Soveraign Lord , by the Goodness and Providence of Almighty GOD , is of Scotland , England , France , and Ireland , and Dominions thereunto-belonging , The most POTENT , MIGHTY , and undoubted KING . And hereby give Our Oaths , with up-lifted Hands , that We shall bear True and Faithful Allegiance , unto Our said Sacred Soveraign , JAMES the Seventh ; King of Great-Britain , France , and Ireland , Defender of the F●●●h &c. And to His Lawful Heirs and Successors , and sha ; ll perform all Duties , Service , and Obedience to him , as becomes His Faithful , 〈…〉 al , and Dutiful Subjects . So help Us GOD. Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD Save King JAMES the Seventh . By the King. JAMES R. JAMES the Seventh , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , & c. To all and sundry Our good Subjects whom these Presents do or may concern , Greeting . Whereas it hath pleased GOD this day to call out of this Life , from the possession of an Earthly Diadem , to the fruition , of an Eternal Crown of Glory , His late Majesty Our Royal and most dearly beloved Brother Charles the Second ; We have thought fit to publish Our Royal Pleasure , That all Our Officers of State , Privy-Councillors , Magistrates , and all other Officers whatsoever , both Civil and Military within Our Ancient Kingdom of Scotland , do , and they and every one of them respectively , are hereby Authorized and Required to Act in all things conform to the late Commissions and Instructions they had from His said late Majesty of Blessed Memory , until new Commissions from Us can be prepared and sent down to them . And for their so doing , This shall be to them , and every one of them respectively , a full Warrant . Given under Our Royal Hand , at Our Court at Whitehall , the Sixth day of February 1684 / 5. And of Our Reign the Firs Year . By His MAJESTY's Command , To. DRUMMOND . Edinburgh , the 10 th of February , 1685. ORdered by His Majesties Privy-Council of Scotland , that this Proclamation be forthwith , Printed and Published . Extracted by me Colin Mekenzie , Cls. Sti. Concilii . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty ; And Reprinted at London by The Newcomb , for Susanna Forrester , 1685. 
A58835	----	The Scottish mist dispel'd: or, A cleare reply to the prevaricating answer of the Commissioners of the kingdome of Scotland, to both Houses of Parliament; upon the new propositions for peace. And the foure bills sent to his Majesty, 1647. By an English covenanter English covenanter. This text is an enriched version of the TCP digital transcription A58835 of text R203524 in the English Short Title Catalog (Wing S2096A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 109 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A58835 Wing S2096A ESTC R203524 99825258 99825258 29636 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A58835) Transcribed from: (Early English Books Online ; image set 29636) Images scanned from microfilm: (Early English books, 1641-1700 ; 2112:04) The Scottish mist dispel'd: or, A cleare reply to the prevaricating answer of the Commissioners of the kingdome of Scotland, to both Houses of Parliament; upon the new propositions for peace. And the foure bills sent to his Majesty, 1647. By an English covenanter English covenanter. [1], 6, 6-14, 17-24 p. printed by M.S. for Henry Overton at the entring out of Lumbert-street into Popes-Head Alley, London : 1648. A reply to: Scotland, Parliament. The answer of the Commissioners of the kingdome of Scotland, to both Houses of Parliament, upon the new propositions of peace, and the foure bills to be sent to his Majestie. Reproduction of the original in the Union Theological Seminary Library, New York. eng Scotland. -- Parliament. -- Answer of the Commissioners of the kingdome of Scotland, to both Houses of Parliament, upon the new propositions of peace, and the foure bills to be sent to his Majestie -- Controversial literature -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A58835 R203524 (Wing S2096A). civilwar no The Scottish mist dispel'd: or, A cleare reply to the prevaricating answer of the Commissioners of the kingdome of Scotland, to both Houses English covenanter 1648 18950 33 0 0 0 0 0 17 C The rate of 17 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2006-11 TCP Assigned for keying and markup 2006-11 Aptara Keyed and coded from ProQuest page images 2008-11 John Latta Sampled and proofread 2008-11 John Latta Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion THE SCOTTISH Mist Dispel'd : OR , A cleare Reply to the prevaricating Answer of the Commissioners of the Kingdome of Scotland , to both Houses of PARLIAMENT ; Upon the new Propositions for Peace . And the foure Bills sent to his Majesty , 1647. By an English COVENANTER . LONDON , Printed by M. S. for Henry Overton at the entring out of Lumbert-street into Popes-Head Alley . 1648. THE SCOTTISH MIST DISPELD . IT was a good saying of Solomon , that he that walketh uprightly , walketh surely , but he that * perverteth his waies shall bee knowne . Sincerity sits upon the lips of many ; but her competitresse keeps her out of the hearts of most : Pretence of Piety in keeping Covenant , was Absoloms policie to raise a warre what our Scotch brethren mean by their late papers intituled , The answer of the Commissioners of the Kingdome of Scotland to both Houses of Parliament upon the new Propositions of Peace , and the foure bills to be sent to his Majesty , is as much our wonder as the papers themselves : neither can we judge it any other than a designe , to prepossesse the people of England with scandalous prejudices against their Parliament , calculating their scriblings for the meridian of fooles , which makes no observation of by-gone transactions , but are presently charm'd into their Northern net , by the guilded language of their devout chantings , as if the kingdome of England ( like some of the Indies ) was a rich , pleasant , and golden Island , but the inhabitants thereof men in statute , but children in understanding , ignorant of the value of their owne commodities , willing to sell their English treasures ( and that upon trust ) for Scottish toyes , receiving nothing in hand , but two credulously presuming upon very faire and devout promises , and a solemne Covenant that their trading with them , will be all for their good in the latter end . Brethren though the naucious vapours of a SCOTCH MIST be sum'd up into the braines of some of our weake brethren of our owne countrey , rendering them a little light-headed , and making them speake like Englishmen on the otherside Tweed ; yet are wee not infected therewith : We have read your papers , and shall let you know that we ken the difference between plaine juggling and plaine dealing , and that others may see as well as our selves ▪ let impartiall ingenuity examine your papers , and judge of the case . In the first place you tell the Parliament of England by your scratching pen , and the people in print , with what patience you have in pursuance of the solemn League & Covenant , and Treaties betwixt the kingdomes , used your best endeavours for the setling religion , and a happie peace . If you haue used your best endeavours to these ends , it was in pursuance of the Covenant , and so you were bound to it , neverthelesse we thanke you for it being concern'd in it : onely remember Solomons counsell , Let another man praise thee and not thine owne mouth , a stranger and not thine owne lips . Prov. 27. 2. But what you meane by setling Religion , is past our kenning : if by religion you meane discipline ( for that 's all the religion some men mind ) then you know we have many Religions contended for amongst us : we have the Kings religion , and that is Episcopacy : we have the Parliaments religion ( we meane in the sense delivered , though wee are confident they do not place their religion in discipline ) and that is Presbitery : we have the Scotch religion , and ( to give its proper name ) that is Independencie ; for they call upon us like Oracles from heaven to heare them , though they themselves will be Independent as to us . Which of these religions have you used your endeavours to setle amongst us ? If any of you ( after Moses example ) have been taken up into the mount of God , and have talked with our Lord and Master mouth to mouth , and immediatlie received the law of Church Government , from the hands of Christ written by his finger in Tables of stone , and have Comission from him to charge the people to hearken to you , upon pain of being cut off from the people ; we shall acknowledge your peculiar favour with the most high God , and that you are the onely independent people of God in the world , and that all Israel must hearken to God , we repent of our former deafnes , and shall henceforth submit to your judgments for conscience sake ; but if it hath never bin with you after this manner ; we have no cause to fear the guilt of Rebellion , though we say to you as was said to Moses who made you rulers over us ? it is not our ambition to subject our selves to a rod of iron , a golden Scepter will better please us , your Scotch Independency is as distastfull to us , as that in England or Amsterdam . If you say it is the COVENANTED Religion , according to the word of God , and the example of the best reformed Churches : we wait with patience , and hearty prayers , and hands lifted up to the most high God , for the speedy-setling of that amongst us ; but assure your selves , except you will impose your Scottish sense upon our English words ( intollerable slavery ) we resolve to be , according to our solemne League and Covenant , English Presbyterians , and not Scotish Independents . If your endeavours have been in truth for the setling not onely of Religion , but a happy peace , you will take heed of wrangling with your peaceable brethren , we have no minde to fight , nor yet to be beaten , and therefore we obtest you ( your own words in your severall Letanies ) by the coniunction and parity ( that word stickes , except with an English interpretation ) of interests , by the treaty between the kingdomes by the solemne league and covenant , by all your promises , professions , and declarations , by the dreadfull threatnings of Gods judgments upon trucebreakers , by the anatomizing of all your hearts at the great day , by the just retribution of the righteous judge to every man according to his wayes , by the everlasting seperation between the upright & the hypocrite in the day of the Lord , by the indeliable blot that will fall upon you and your posterity , by the scandall of religion , & the just vindication of the dishonour of God , by the prejudice of the Gospel , by the grief of the godly , by the intollerable consequences of the enemies blasphemie , by the offence of the Jewes , by the rejoycing of the Turks , by the animation and encouraging of Antichrist , by the cry of all the blood that hath been shed in the just defence of this kingdomes interest , by all the bonds of truth and righteousnesse , that you do not engage us in another warre . You tell us in the front of your papers , that Propositions were agreed on , Anno. 1644 with advice and consent of the Parliaments of both kingdomes , presented to his Majesty at Oxford , by commissioners of both , and treated upon at Uxbridge , 1645. that you did earnestly and frequently presse the sending of these Propositions again to his Majesty , wherein the Houses would not concurre with you : but on the contrary , after very long delay , thought fit to make severall alterations therein , which were principally in matters that did concern the neare union of the Kingdomes . Propositions were sent to the King long before the time you speak of , so that surely the Parliament of England did endeavour the peace of the kingdome before our Scotch brethren put them upon it , you would make us beleeve that you alone minde the peace & safety of the Kingdome of England , as if your own interest was forgotten , and ours remembred , pure love , unmixed friendship , if the Houses would not so suddenly concurre with you to send the Propositions again , we do presume they had reason for it ; neither do we conceive that the Scotch Commissioners have cause of offence , if the Houses did not presently act upon their first motion , being not Commissioners to direct the Parliament of England , if they thought fit , to make severall alterations ; we think fit to acquiesce in their judgements , having chosen them to judge for us , neither can we presume their least neglect of those matters which do near concern the union of the Kingdomes , though perhaps with reason enough their judgment and yours may not concurre in those things ; it is likely they were carefull to maintain a distinction , and prevent a confusion of both Kingdomes interest : they would avoid an occasion of your claming from the new Propositions something like a negative voyce and right of joynt consent with this Kingdome in all things in relation between the King and the Kingdomes of England and Ireland , which heretofore you have taken from the Covenant , and Treaty . Brethren , religion teacheth contentednesse , and the doctrine of Community is reckoned in England among the novelties , for which we beleeve there will be no tolleration . It may be the two kingdomes may not think fit that though we are all of one language under one King , in one Religion , yea in one Covenant , yet that we might be altogether one , as was once the wish of one of your honest and honourable Commissioners , would you not have the honour of the Kings of England preserved in their Royall Title to two Kingdomes of England and Scotland , and not that two should become one ? although we heartily desire to be one with you , one in religion , one in affection , and one in assistance , yet let us remaine two Kingdomes , though we hold parity of interests in things spirituall and desire to be one with you in Christ , and one in the Spirit , yet like united Israel , Covenanted Israel of old , ( in their dividing of the Land of Canaan among their Tribes ) let you and we rejoyce in our distinct portion , love one another , cleave together , and be content : let Tweed divide , but nothing else . Brethren may be brethren without community in each others Patrimonie . Again , you urge , that it was agreed upon betwixt the Kingdomes , that the same Propositions should be presented again to his Majestie at his comming to Holdenby ; the performance wherof being delayed by the Houses for divers moneths , you did wair patiently , yet upon a sudden they did appoint a peremptory day for sending the Propositions to his Majesty . First , you had notice of the day , and were earnestly prest unto the thing , and the cause of your delay , your owne consciences can tell better than we , whether it was not by way of designe ; yet neverthelesse before you charged the Parliament with delayes , now you blame them for their haste : why should brethren be so froward ? such relations inhebits wranglings . Secondly , did not both Parliaments agree , that those very Propositions that were sent to Newcastle , should againe be sent to the King . If so , what shew of reason can be imagined , why you should not ( though upon the sudden ) concurre with the sending them , since they could not be altered ? Brethren le ts have fair play above board . Again , in the same page you affirm thus , that finding no successe in that way of sending Propositions to the King , and insisting upon his positive answer thereunto , without giving any reason for the justice of our desires , or hearing any Proposition from his Majesty , we did in November last propose to the Honourable Houses , and with much earnestnesse desire that their might be a personall Treaty with his Majesty here at Lond. it being in all probability the best meanes to obtain a peace . First , whereas you appropriate the successelesnesse of sending Propositions to the King , to your not giving reasons for the justice of yours desires , we demand , Did not one of your selves rally a whole army of arguments and reasons against the Kings refusall to signe the Propositions at Newcastle in a Rhetoricall speech before him to that purpose , professing ( among many other motives ) that upon his Majesties refusing the Propositions , both kingdomes will be constrained ( for their mutuall safety ) to agree and settle religion and peace without him . And moreover , there was added , If your Majesty reject our faithfull advice , and lose England by your wilfulnesse , your Majesty will not be permitted to come and ruine Scotland . Further pressing him thus : We know no other remedy to save your Crown and Kingdomes , than your Majesties assenting to the Propositions . Yet now you are pleased to say , that not any reason hath been given for the justice of your desires . If your desires were not just , why did you press him to grant them . But secondly , is the case thus indeed ? you were not alwayes of this opinion , as you confesse , page 6. Brethren , let 's make a little use of this : We see now what reason there is of a brotherly forbearance of varieties of judgment , yea and of the same persons , though changing their judgments over and over , yea even in things civill , much more religious , being more enigmaticall than these by farre : you were against the Kings personall treaty with the Parliament at London now you are for it . Suppose the Parliament of England hath not yet attained to your new light , beare with them a while , till your reasons prevail . You tell us , that indeed heretofore his Maiesties presence might have bred divisions , and continued our troubles ; and when his Maiesty desired to come hither from Oxford , with freedom and safety , it was thought unfit , and denyed by the Houses , and the Commissioners from Scotland : but that argument now hath no force at all ; for the case of affaires , the Kings condition and ours ( which were given for reasons in that answer to his Maibsty ) are quite altered from what they were , then the King had Armies in the fields , and Garrisons , and strong holds to returne unto : now he hath none of these . Brethren , were these all the reasons then given , why you could not admit of a personall Treaty with his Majesty at London ? viz. because then the King had Armies in the field , and Garrisons and strong holds to returne unto ? had it been our assertion as it is yours , we should have feared that divine hand of Justice which met with Ananias and Saphira , Acts 5. And that all might see your dealings herein , we have here added your owne words . Concerning the personall Treaty desired by your Majesty , there having been so much innocent blood of your good Subiects shed in this Warre by your Maiesties Commands and Commissions , Irish Rebels brought over into both Kingdomes , as also forces from forreigne parts , &c. There being also forces in Scotland against the Parliament and Kingdome by your Majesties Commission ; The Warre in Ireland fomented and prolonged by your Majesty , whereby the three Kingdomes are brought neer to utter ruine and destruction . We conceive that untill SATISFACTION and SECVRITIE be first given to both your Kingdoms , your Majesties comming hither cannot be convenient , nor by us assented unto . Now let God , Angels , and men judge of your proceedings in the present case ; Brethren , your lines doe seem to carry a Christian Dialect , and you oftentimes seem to be serious with us , give us leave to be serious with you ; is this suitable to your exellent straines and expressions of zeale for the glory of God , the blessed Reformation , the solemne League and Covenant , your pathetick pretences , and devout exhortations to the Parliament of England , to give testimony , and beare witnesse to the truth , and not deny it , remembring that whosoever shall give testimony to Christ and his truth , by confessing him before men , he will also confesse them before his Father which is in Heaven ; and whosoever will deny him before men , them will he deny before his Father which is in Heaven . Is this your zeale against superstition , heresie , schisme , and all such scandalous doctrines and practices , which are contrary to the known principles of Christianity , or the power of godlinesse , which you so devoutly desire should bee supprest by an act of Parliament , pag. 26. of your answer , what ? one while to confesse the name of Christ before his Majestie , to deale plainly with him in telling him in so many words ( to the affecting of the hearts of all your Brethren , Ministers and others which did see your zeale ) that untill his Majestie had given satisfaction for the bloodshed , and security to both Kingdomes in relation to peace , his Majesties comming to London , could not by you be assented unto ; and now to tell the people that the reason why you could not formerly yeild unto his Majesties comming to London , was because then his Majestie had Armies in the Field , Garrisons and strong holds to return unto , now he hath none ; yea & to say that this was the reason which you formerly gave , pretending to nothing else ? Brethren , what doe you make of Religion , a meere piece of State-policie , or somewhat else ? Brethren , we would perswade you that integrity and uprightnesse are jure divino , and that Brethren ought to speak the truth from their hearts each to other . Shall we minde you of some other zealous passages concerning his Majestie ; see and review what is said by the generall Assembly of the Kirk of Scotland , approved by those that imploy you and by you sent to the King . The troubles of our hearts are enlarged , and our feares encreased , in your Majesties behalfe , perceiving that your peoples patience is above measure tempted , and is like a Cart pressed downe with sheaves , and is ready to break , while as besides many former designes and endeavours to bring desolation and destruction upon us , &c. our Countrey is now infested , the blood of divers of our Brethren spilt , and other acts of most barbarous and horrid cruelty excercised by the cursed crew of Irish Rebels , and their complices in this Kingdome , under the conduct of such as have commission and warrant from your Majestie ; and unlesse we prove unfaithfull both to God , and to your Majestie , we cannot conceale another danger which is infinitely greater than that of your peoples displeasure : therefore we the servants of the most high God , and your Majesties most loyall Subjects , in the humilitie and griefe of our hearts fall downe before your Throne , and in the name of our Lord and Master Jesus Christ , who shall judge the world in righteousnesse both great and small ; and in the name of this whole Nationall Kirk which we represent , we make bold to warne your Majestie freely , that the guilt which cleaveth fast to your Majestie , and to your Throne is such , as ( whatsoever flattering Preachers , or unfaithful Counsellours may say to the contrary ) if not timely repented , cannot but involve your selfe and your Posterity under the wrath of the everliving God , for YOVR BEING GVILTY OF THE SHEDDING OF THE BLOOD OF MANY THOVSANDS OF YOVR MAJESTIES BEST SVBJECTS , &c. How did the glory and lustre of these plaine , honest , and christian proceedings dazell the eyes of your English Brethren , who did much rejoyce therein ? how did your zeale provoke many to plead your cause against those which did but whisper jealousies of you ? Can we thinke that reverend Assembly did not speake the truth in Christ from their hearts and soules , and lyed not ( as the Apostle saith ) in these their addresses to his Majesty ? and can we suppose they will owne with you this answer of yours , wherein you tickle the hearts of the malignant party , plead for their designe a personall Treaty , and that at London , without any mention of Satisfaction for blood and Security to the Kingdomes ? wee cannot conceive so irreverendly of them untill we have better reasons than yet we perceive , neither will we indulge the least jealousie , that the Noble men , Barons , Gentlemen , Burgesses Ministers , and Commons of your owne Kingdome should ever so farre decline from their first principles of zeale for God , righteousnesse , and justice , against all offenders , without respect of persons , and of love , friendship , and amity to this Kingdome , whereof God , Angels , and men are witnesses , and will concurre with you in these expresses ; how will the Firre-trees howle , if such Cedars should fall , if this should bee once told in Gath , and published in Askelon , how will the daughters of the Philistins rejoyce , and the daughters of the uncircumcised triumph ? and therefore to you wee speake , and not unto your Nation . Brethren , was his Majestie blameable in the spilling of so much innocent blood of his best Subjects in his three Kingdomes yea or no ? If no , why is it charged on his score , representing him in such horrid , black , and bloudy colours , in the eyes of his Subjects ? If he be guilty as the words have expressed , what Satisfaction for blood , what Security hath beene given as yet ( at least to the two Kingdomes , for what you may call saisfaction , we know not . ) Brethren , wee say no more but this , the integrity of the upright shall guide them : but the perversenesse of transgressors shall destroy them . Whereas you quote the Parliaments answer to his Majesties Message of the 11th of September , wherein they desired his Majesties comming to London , as being the only meanes of any treaty between his Majesty and them , with hope of successe ; thereby insinuating the mutability of the Parliament from their present aversenesse to a personall Treaty , compared with this answer . We give you to know that we have perused his Majesties Message , and the Parliaments Answer , and stand amazed that such a profession of zeale for God should ever bee found in conjunction with such unfaithfulnesse amongst Brethren , for thus stands the case ; The King ( having set up his Standard at Notingham , set out severall Proclamations and Declarations , whereby the Parliaments actions were declared treasonable , and their persons Traytors ) did send a Message to his Houses of Parliament , 25 August 1642. for a personall Treaty , whereunto the two Houses of Parliament sent an answer , which because it is short and pertinent to the present case , is here set downe verbatim . The answer of the Lords and Commons to his Majesties Message of the 25. of August , 1642. May it please your Majesty , THe Lords and Commons in Parliament assembled , having received your Majesties Message of the 25. of August , doe with much griefe resent the dangerous and distracted state of this Kingdome , which we have by all meanes endeavoured to prevent , both by our severall advices and petitions to your Majesty , which have been not onely without successe , but there hath followed that , which no ill counsell in former time hath produced , or any Age hath seene , namely , Those severall Proclamations and Declarations against both the Houses of Parliament , whereby their Actions were declared treasonable , and their Persons Traytors ; And thereupon your Majestie hath set up your Standard against them , whereby you have put the two Houses of Parliament , and in them this whole Kingdome out of your protections ; so that untill your Majestie shall recall those proclamations and Declarations , whereby the Earle of Essex and both Houses of parliament , and their adherents and assistants , and such as have obeyed and executed their commands and directions according to their duties , are declared Traytors , or otherwise Delinquents : And untill the Standard , set up in pursuance of the said Proclamations , be taken downe , your Majestie hath put us into such a condition , that whilst we so remaine , we cannot by the fundamentall priviledges of Parliament , the publique trust reposed in us , or with the generall good and safety of this Kingdome , give your Majestie any other answer to this Message . John Brown , Cler. Parliam . H. Elsing , Cler. Parl. D. Com. This Answer of the parliament occasioned severall expresses mutually to passe betweene the King and the Parliament , and amongst the rest , this Answer to his Majesties Message of the 11th of Septemb. 1642. as appeared in the 586. and 587. pages of the booke of Declarations printed by Authority : in which very Answer they doe professe themselves in no capacity to treat with the King whilst his Standard was up , his Proclamations and Declarations unrecalled , whereby the Parliament is charged with Treason ; and having humbly advised him what he should doe upon the performance whereof they invite him to his great Councell , being the only meanes of a Treaty with hope of successe ; and in pursuance of that very resolution of theirs , not to treat with his Majesty untill he had recalled his Proclamations and Declarations against his Parliament , they have made that one of the foure Bills which were sent to be signed by his Majesty in order to a Treaty : Now let Heaven and earth , God and man judge of your unfaithfulnesse in the businesse in hand : You tell the people that the Parliament was once for a personall Treaty with the King , why should they now be against it , and hide from the people the termes upon which they were for it ; have the Parliament forsook their primitive principles , or your selves ? hath the King recall'd those Proclamations and Declarations , yea or no ? hath hee given satisfaction for blood and security to the peace of the Kingdome , yea or no ? If not , would you have the Parliament betray their trust , break their Covenant , treat as Traytors ? doe the Parliament forsake their principales ? no : Though Israel play the har lot , yet let not Judah offend ? We know your objection , the Parliament did admit of a Treaty since that time , it is true , but have you not read what David did in a case of necessity when hee was a hungry ? the shew-bread , which at other times was unlawfull for him to eare , was lawfull then ? The life of the Kingdome then in danger , provoked the love of the Parliament to forget themselves to save the Nation : but is the case now as it was then ? piety & humanity will allow a man to treat ; yea begge for his life at the hand of his enemy in power to destroy him ; though the principles of either will not admit the like submission in another case . Again , though they did treat , yet did they not forsake the principles of humanity , or the rules of Justice , rather then they would betray their trust , break their Covenants , enslave our just liberty into the hands of tyranny ; They broke up the Treaty , and resolving to sacrifice themselves in the Kingdomes service , committed themselves to Gods providence , who succeeded their desires acccordingly for Gods love , courage and constancie in a good cause . You tell us there are some things which properly concerne the Kingdom of England , their rights , Lawes , and liberties . But why do you stop there ? why do you not proceed in declaring your resolutions not to intermeddle with such things ? why do you notwithstanding this acknowledgment interpose in things concerning the Kingdome of England , their rights , lawes and liberties ; as in the disposall of the Kings person , while remaining in this Kingdome , in the 7th page of your papers concerning the Covenant and Treaty , in the Kings negative voyce , page the 18th of this Answer , in the businesse of the Militia , page the 20. in the disbanding of our Armies , page 21. in conferring titles of honour , page 22. the revenews of the Crown , page 5 , &c. Nay why have you cast such glosses , senses , and interpretations upon the Covenant and Treaty , which being granted , confounds the interest of England , with the Kingdome of Scotland ? for these are your words in the 5th and 6th pages of your papers concerning the Covenant and Treaty . Vnlesse we lay aside the Covenant , Treaties , Declarations of both Kingdomes , and three yeares conjunction in this warre , neither the one Kingdome nor the other must now look back what they might have done SINGLY before-such a strict union : But look forwards what is fittest to be done by both JOYNTLY for the common good of both , &c. And again pag. the 7. of these papers ; If the disposall of the Kings Person mentioned in the vote of both Houses be intented for the good , peace and security of both Kinghomes , then it should not be done without the mutuall advice and consent of both . By the first of these expressions do not your argument stand thus ? If we must not lay aside the Covenant , Treaties , Declarations of both Kingdomes , and three yeares conjunction in this warre ; neither the one Kingdome nor the other SINGLY , but both JOYNTLY , must heareafter act for the good of both . But we must not lay aside the Covenant , &c. Therefore neither the one Kingdome nor , &c. Thus you would argue us into a confusion of interests . Againe , by the other expression quoted from your papers , page 7. doe you not argue thus ? Whatsoever is intended for the good , peace , and security of both Kingdomes ; must be done by the mutuall advice and consent of both Kingdomes . But the disposing of the Kings person , while in this Kingdome , ( and upon the same ground the disposing of all the Militia , Forts , Castles , Townes , and Forces by Sea and Land , all offices and places of Trust , yea all our estates and interests , ) are intended for the good , peace , and security of both Kingdomes . Therefore these must be disposed of by the mutuall advice and consent of both Kingdomes . Brethren : confident we are , you will sooner beate out English mens brains , than force that argument into their heads ; surely God hath given us a better stocke of reason and humanity than thus to be charmed into bondage and slavery ; we have read your owne words declared by you , 1641. viz. that neither by your Treaty with the English , nor by seeking your peace to be established in PARLIAMENT nor any other action of yours , you doe acknowledge ANY dependency upon them , or make them Iudges to you or your Lawes , or any thing that may import the smallest prejudice to your Liberties . Are you so tender of the Mint and Cummin of Scotlands Liberties , that you will not admit of the smallest prejudice thereof ; and shall the Parliament of England , the grand Trustees of the Kingdomes Liberties , dispence with the Great things of Englands interest ? betraying their trust , and breaking their covenant ; yea , and bringing upon them the guilt and cry of so much bloud as hath been shed in the just defence of the Kingdomes interest ? Brethren , did you come to free us from slavery by others , that you might enslave us ? to save us from rods , that you might whip us with Scorpions ? to deliver us from the little finger of the King , that we might feele the loynes of the Scot ? Doubtlesse , brethren , though we thankfully acknowledge , that your help was seasonable in the day of our trouble , which we hope we shall never forget ; yet were we not so profane , as to contract the parting with our birthright for that Scottish pottage , and therefore remember your promise , page 4. That you woùld not stretch your selves beyond your line , and that which is within the EXPRESSE condition of your solemne League and Covenant , the duty of your Allegeance , the Treaty and Declaration between the two Kingdomes . And before we leave this , we pray againe remember the word EXPRESSE , and doe not presse us with an extorted sense , for we shall never abide it . In the next place you begin methodically to speak unto two heads : First , of the best and most probable meanes to procure a good agreement with the King for setting Religion , and a lasting Peace . And next , of the Propositions , which are to be the foundation of the peace and safety of both Kingdomes . We shall not take upon us to speak unto every particular expression of yours , wherein you seeme to reflect upon the Parliament , our daily imploiments , and busines of our callings , not affording us those opportunities of knowing and understanding the severall transactions which it is very likely have passed between the Parliament and you , and we doubt not but an answer to satisfaction will be given by that Honourable Assembly whom you have blemished by your writings , and the publication thereof ; but such things which are of most plaine and obvious observation ( whereof there is plenty sufficient to take away those scandals which are cast upon the Parliament ) are these that we shall insist upon : First then in your method you begin with that which you call , The best and most probable meanes to procure a good agreement with the King for the setling Religion and a lasting peace ; and you say , It is still your opinion and judgement , that it must be by a personall Treaty with the King ; and that his Majesty for that end be invited to come to London with honour , freedome and safety . If you are of that opinion , we pray you tell us , what satisfaction for bloud , and security as to peace , you have received from his Majesty , that this Kingdome ( if possibly ) may be of your opinion : Have you concluded a peace with his Majesty , without the Parliament of England ? Then have you broken your Treaty : If you have not , say so . You know they are not of your opinion for a personall treaty : but we would gladly weigh your reasons for it ; we can better beare your reasons then blowes : you tender us your reasons by the halfe dozen . Let us see your Position , and your reasons : your position is this : The best way to procure a well-grounded Peace , is , by a personall treaty with the King at LONDON . Here we are to consider first the thing , a personall Treaty , secondly the place , at London . We shall looke upon your reasons with reference to both . First for the thing , your first reason is ; The sending of Propositions without a Treaty , hath been oftentimes assayed without successe , and the new Propositions are lesse advantagious to the Crown than the former were . 1. What if Propositions have been successelesse heretofore ? Doth it follow they will be so still ? English spirits ( to speake without vanitie ) are more noble and generous , then to despaire because of repulse . So many Garrisons had not been taken by some , and so few by others , if this Argument had prevailed with all , as it hath with some . 2. These foure Bills were so model'd , as might have administred hopes of his Majesties concurrence , being in order to a Treaty , had you not anticipated by charging the new propositions to be lesse advantagious to the Crown than the former were ; and which we have cause to suspect , hath made this last addresse to his Majesty , through your means , as successelesse as the former hath been , contrary to the hopes and expectations of many . And the truth is , his Majesties answer and your lines doe so consimilate , that a man would thinke that Sir John Cheisly was the Scribe to both . Your next reason is this , The Kings removall from the Parliament , was the cause of the warre : therefore his returne may be the means of peace . 1. That may not follow , especially as the case now stands , when pretended friends change principles for self-ends , and forgetting their solemne League and Covenant , decline the Parliament and the Kingdoms interest , and turn Royalists . 2. Was not this reason as valid when you did concurre to send Propositions ? Your third reason is this , In a personall Treaty , the Commissioners of both Kingdomes may give reasons of their desires ; but Propositions without a Treaty , may be esteemed impositions . 1. We make no question but the Parliaments propositions carry their reasons in their foreheads , and may be easily discerned by an English eye . And doe not you know , that the King of England is bound by his Oath to grant the just desires of his Parliament ? 2. Were they not impositions as well when you did concurre to send propositions , as when you did dissent ? The King may have some just desires to move for the Crowne , and for himself ; as that be may have his Revenues , &c. 1. It is true , the Crowne aod Revenues goe together in England , however it is in Scotland ; neither doe we presume any propositions shall be sent by the Parliament , in prejudice to the Crown or Crown-Revenues , both being for the Kingdoms honour and safety . 2. Was not this likewise as good a reason when you did concurre ? Your next reason A personall Treaty with the King , is the best way to beget a mutuall confidence , &c. 1. That is as the Treaty may be managed , and so may propositions as instructions be given . 2. And was not this likewise as good a reason when you did concurre ? Your last reason is this , we cannot expect his Majesty will grant in terminis , whatsoever propositions shall be sent unto , &c. neither will the Houses of Parliament give full power to commissioners to make altrrations as they shall see cause . He is to passe Bills in terminis , why not propositions , being matter for Bils ? Confident we are , had he wrested the sword out of the Parliaments hands , as it is wrested out of his hands , they should have had such propositions as he would have judged fit for traitors , it may be the axe in stead of the halter , heading in stead of hanging : for traitors hath he proclaimed them without recalling it to this day . 2. Was not this also as valid when you did concurre , as now it is ? Thus your weighty reasons for the thing , A personall Treaty , vanish into the aire . Let us now examine your reasons for the place , at London ; for there lies the emphasis of your motion , and perhaps designe . 1. Propositions have been often essayed without successe , and therefore the personall Treaty must be at London . 2. The Kings removall from London was the cause of the warre , and his returne , or presence may be a remedy : Ergo , the Treaty must be at London . Thirdly , in a personall Treaty things may be mutually debated ; for that is the summe of your reason : Ergo , the Treaty must be at London . Fourthly , the King may have some desires to move for the Crowne : Ergo , the Treaty must be at London . Fifthly , a personall Treaty is the best way for giving and receiving satisfaction : Ergo , the Treaty must be at London . Sixthly , it cannot be expected his Majesty will grant all the propositions , neither will the Houses give full power to their Commissioners to make alterations , as they see cause , upon debate : Ergo , the Treaty must be at London . Brethren , we shall not so much prejudge the weaknesse of our countreymen , as to shew them the difficiencie of these starved suggestions . Englishmens eyes are in their heads , and they need no spectacles to see mountaines , only we would gladly know your meaning by the advantage of the Crown , and motions of the Crown , which ever and anon you hint out to us ( if our judgements faile us not ) as possibly they may ; ( for we are no Statesmen , but as the late times have made us all enquire into State-cases , ) we say , if our judgements be right , both the King and the Crown , and all things belonging unto them , as such , are for the Kingdomes advantage , and for no personall interest whatsoever in prejudice of that , we have had many things which they call Aphorismes , divulged amongst us , as that THE SAFETY OF THE PEOPLE IS THE CHIEFEST LAW , THE KING IS ABOVE EVERY PARTICULAR MAM , BUT LESSE THAN THE WHOLE KINGDOME , that THE KING IS THE KINGDOMES , BUT THE KINGDOME IS NONE OF THE KINGS , ( except with a distinction ) and twenty more such sayings , which are our ordinary discourse , and we thinke there is a great deale of equity , justice , and reason in them , and a light to instruct us to give unto the Magistrates their due , and to preserve our selves from tyranny , and by these things were we rallied by the Parliament together , to maintain the truth of these sayings , and we have paid for our learning , it hath cost us deare , and we would not quickly forget all like dunces , untill we are knockt into our former lessons : your talking so much of the advantage of the Crown , and motions for the Crown , seems to us to interfier with these sayings . Having exhibited your reasons , ( such as they are ) for a personal Treaty , you fall into invectives with the Parliament of England , thus , If they were esteemed enemies to the Parliament , and peace of the kingdome , who advised the King to withdraw from his Parliament , what estimation will the world have of them who will not suffer him to returne to his Parliament , when he offers to cast himselfe into their arms ? The plaine English whereof is this , to insinuate into the people , that the Parliament of England being against the Kings treating at London , are the Kingdomes enemies , and so to stirre up the people against their Parliament : Is this like Commissioners of State ? Would you suffer such things in your owne Kingdome ? Is this according to your solemne League and Covenant ? Is this your brotherly love ? your zeale for the parliament of England , and the interest thereof ? We say no more but better is a neighbour that is near , than a brother that is farre off . But secondly , if the Parliament be the Kings enemy , because they will not admit of a personal Treaty at London ; what were you when you refused the same things ? Doe not you give a just occasion for the Cavaliers to call you Enemies all-a-row ? Having dispatcht the first particular in your method , viz. The readiest meanes for a lasting peace , which you say is , a personal Treaty with the King at London ; you fall to the second , viz. The consideration of the propositions which are to be the foundation of peace : and therein , First , to consider and remove the differences , which you divide into three heads , which are , 1. Matters of Religion . 2. The interest of the Crown . 3. The union and joynt concernment of the Kingdomes . First , you begin with that of Religion , and hint it in one of your biting parenthesis , as a most flagitious neglect , that it is put by the Parliament amongst the last of these new propositions . 1. You know Brethren , that that may be primum in extentione , which is ultimum in executione , we use to make our hedge , before we plant our garden . 2. Religion was not the first of those propositions which were sent to New-Castle with your consent , as appeares in print , but now you are more zealous than before . 3. The best sort of English-men loves Religion in the bottome , to have it in designe , as well as pretence , to make Religion the end and not the means unto their intentions . 4. We have generally observed that the emptiest zelots are the greatest advocates for the circumstances of Religion , time , and order , mighty matters in some mens eyes . You commend the King for mentioning Religion in the first place in his addresse to the Parliament , and to charge the Parliament with profanesse for post-poning Religion . But wherein doth the piety of the King so much consist ? is it in asserting the Episcopacy , or the toleration of all sorts of Religions , only prohibiting the Masse , and the publishing of Atheisme and blasphemy , or wherein else ? Is it true that the King ( whom your generall Assembly so deeply charged with guilt of the shedding the bloud of many thousands of his best Subjects ) hath passed through the valley of Bacha , weeping and lamenting with ashes upon his head , and sackcloth on his loines for his former wayes , exhibiting his repentance as a doore of hope , that his three Kingdomes will be happy in him , notwithstanding all that is past ? have you heard that his heart is tender , that it hath melted before the Lord for all his abhominations , that he hath cut downe the groves , broken the Altars , destroyed the Images which were a provocation to the eye of Jealousie ? hath he given satisfaction for bloud , and security for peace ; untill which , you once professed you would never assent unto his comming to London to treat ; hath he recall'd his Declarations and Proclamations against his Subjects English and Scotch as Traitors and Rebels , & c ? is it thus indeed , or * are you like men that dream , as once you were , that you applaud the King for his zeale for Religion , putting the Reformation of that in the first of his proposals to the Parliament , at the best and chiefest foundation of peace . If the cause be thus ; deferre not our joy : your very feet would be beautifull to us , would you bring us these glad tidings ? it would be unto us as the resurrection from the dead ? but if you have no such newes to cheere us with all ; no such fruit from the tree of life to revive our hearts sicke through our hopes deferred ; what 's your meaning of this Royall applause ? do you thinke your consciencious Brethren , Presbyterian or Independent , will commend you for this ? Having done with the Order , you now come to the materiall differences and alterations concerning Religion , which you branch out into the Parliaments errour of omission and difficiency , and into that of commission and excesse . The first thing you complaine of under the head of omission , is no lesse than the solemn League and Covenant ; and here you abound with your pathetick interogations , to affect the hearts of those whose eyes are in their bowels , whose understandings are drown'd & swallowed up in their passions , after this manner . And shall the Covenant which is as solemne a vow as creatures on earth can make to God in Heaven , & c ? And againe , shall the Covenant for the preservation of &c. And againe ( like the Papists , which holds up their Idolatrous Eucharist in the eyes of the people , that they may fall down and worship it ) shall the Covenant which both Houses recommended to the Assembly of , & c ? Yet againe , ( as if here lay all your baite to catch gudgins ) shall our mutuall and solemne League and Covenant subscribed by the Parliaments of both Kingdomes , & c ? Once more yet ( for if this Springe failes , all our sport will be lost ) shall the Covenant even with those that tooke it to be already out of date , &c. To all which we reply . First , What if the Parliament thinke it ●●● fit to trouble His Majestie with pressing the Covenant in the Propositions for Peace ? was it not your owne reason * for the altering your judgements about sending Propositions ? will you not give the same allowance to others which you assume to your selves ? are you all for having ? will you give nothing ? Secondly , If the Covenant be laid aside , out of date , deleted , as your words are , your perverting it hath beene the occasion of it ▪ did we promise to take the Covenant ; and after to submit to what sence thereof our Brethren of Scotland would please to impose upon us ? hath not the Covenant been so perverted , that many Covenanters are ready to enter into a new Covenant against the sence that is put upon the old ? Brethren , we haue taken the Covenant in a true , proper , plaine English sense as well as your selves , and stand unto 〈…〉 . Thirdly , Whereas you 〈…〉 that the Covenant is brought in by the Parliament in the 7th ▪ qualification of the 14. P●●position , only as a hooke to catch some into the notion of Delinquency : we reply , that if any 〈◊〉 on this side Tweed should have said the Covenant was made a hooke to catch men into Delinquency , you would have marked him with an M. or an S. for a Malignant or Sectary ; we will not say the Covenant was first intended as a booke to catch men into the notion of Delinquency ; though you are so bold and peremptory to charge this upon our Parliament to their very teeth , and that in the face of the Kingdome , tempting their civility and patience above measure , the like affronts we presume were never offered to any Nation by Commissioners of another State : yet we wish it had not been used as a hooke to catch not a few , but even the Parliament and Kingdome of England into a new designe , by introducing another Nation to be one of the Estates of this Kingdome , and to have a negative voice in all things concerning their welfare . You tell the Parliament from their omission of the solemne League and Covenant to your very much wonder , that they are so liberall in the matters of God , and so tenacious in what concernes themselues . Your zeale for the Covenant is your zeale for God , that is , your zeale to introduce your Nation to be one of the Estates of this Kingdome , and to have a negative voyce in all things concerning our welfare . Your zeale to intermeddle with the Militia of England , with disbanding our Armies , with conferring titles of honour , with the revenue of the Crowne ; with all our goods by vertue of the solemne League and Covenant : Is your zeale for the matters of God , and the Parliaments care in their preservation of the pure and unmixt interests of this Kingdome according to their solemne League and Covenant , without suffering you to intermeddle therewith ? is their prophane tenaciousnesse in that which concernes themselves ? See my zeale for the Lord , was Iehu's tone , when the tune of his heart plaid another game . As for the King you are pleased to tell us ; Though His MAIESTY shall not come up to the full length of your desires , yet WE must never depart from our Covenant . It seemes you have a royall sence to bestow upon His Majestie , but vae pauperibus , woe to the poore , they must abide the fire of this purgatory ; is it true here also , no penny , no Pater-noster ? Is there no allowance for tender consciences except it be of Kings and Princes ? You say your zeale for the Covenant doth not abate or diminish your loyalty and duty to the King , though he cannot come up to the full length of your desires , &c. That is , take the Covenant . Your zeale for the Covenant and His Majestie runs together , though His Majestie and the Covenant are a great way asunder , your loyalty and allegeance will suffer you to indulge the King in His refusing to subject to the matters of God : the solemne League and Covenant ; and yet your brotherly affection and honesty will admit of quarrelling with the Parliament of England , for not haling , urging , and pressing Him to come to the full length of their desires , viz. to take the Covenant . The Commissioners of Scotland can give a dispensation , but the Parliament of England must not so much as appeare to favour him upon paine of dispensing with the matters of God , asham'd of Christ , denying him before men ; and his denyall of them at the great day of the Lord . It seemes you would make us younger brethren , not only in the matters of the world , but in matters of God too . Thus farre for the businesse of the Covenant , the primum mobile of all other motions , and therefore ever and anon you refer unto that . The next thing omitted by the Parliament is , the Proposition for confirming the Ordinance concerning the calling and sitting of the Assembly of Divines . The calling and sitting of the Assembly of Divines , was not intended in sempiternum : neither do we beleeve but an authoritative dismission of that revered Assembly , especially for a season , would be as acceptable to thems●… as serviceable to the respective places whereto they belong , for the weeding up of those tares of errour and prophanesse , which the enemy hath sowne in their absence ; and it is no parradoxe to affirm that the sitting so long of so many learned and godly Ministers together for the suppression of Errour . Heresie , and Wickednesse , and advancing the affaires of Jesus Christ , hath been an occasion through their absence from their people of more Errour , Heresie Profanesse and prejudice to the affaires of Christ than did appeare before ; men erre , not knowing the Scriptures ; and how can men but erre , when their Teachers are long removed into corners . The next thing omitted was the Proposition for Reformation of Religion in England and Ireland according to the Covenant . According to the Covenant ; That implies that the Covenant must first be taken , and then the Reformation must be setled according to the Covenant ; you have said enough to the Parliament for their prophane neglect to presse the King to the Covenant , that they should omit no lesse then the solemne League and Covenant : though you can dispence with him , but will you have the King to settle Religion in England and Ireland according to the Covenant , and not take the Covenant ? then would you have Him settle a Religion against His Conscience , and is that reasonable ? a blind Sacrifice is not acceptable . The next thing omitted , was , the Proposition for setling unity and uniformity in matters of Religion betweene the Churches of both Kingdomes , according to the Covenant . The reply to the last might well serve for a reply to this also , according to the Covenant is the burden of your song , and it seemes the life of your game ; by the Churches of God in both Kingdomes , do you not meane the two Nationall Churches , that is , the two Nations themselves ? ( for it concernes us now to know your meaning ) if you interpret that which you call matters of Religion , as you have done the solemne League and Covenant ( for you have an excellent facultie of interpretation . ) You may call community and parity of interests matters of Religion ? and if so , it may be the Parliament may thinke fit to omit the Proposition for setling unity and uniformity in matters of Religion betweene the Churches of God in both Kingdomes , according to the Covenant : and one Kingdome at least is engaged to them for it . But secondly , why do you make the solemne League and Covenant the unicum necessarium , the ballance of your Sanctuary , and the golden reed to measure your Temple , you have not a tittle of the word of God ; but all your crie is the solemne League and Covenant instead of the Word of God ; the Jew hath his Talmud , the Turke his Alkeron , the Papist his Masse-booke , the Prelate his Service-booke , and must we have the solemn League and Covenant instead of the Oracles of heaven , the Word of God ? Better it is that this brazen Serpent should be broken to pieces , and ground to powder , then that men should fall down and worship it , though formerly a healing benefit was received from it ; It was the hypocriticall Pharise's pretending to heaven , though minding the earth , who making void the Law of God , did teach for doctrine the traditions of the Elders . Let us not put up mans posts the Covenant , by Gods posts the holy Scripture ? Having done with the Parliaments omissions in matters of Religion , you fall upon their Commissions and excesse ; the first thing you complaine of under that head , is , that instead of the Propositions which they have omitted , so farre as concernes Religion , You find nothing but a meere shadow of Presbytery Government : and instead of uniformity of Religion , a vast deformity , or multiformity of Heresies and Sects . A liberty granted for all sorts of service and worship of God , an opening a doere to Atheisme , to all Religions , to liberty of conscience , being indeed liberty of errour , scandall , schisme , heresie , dishonouring God , opposing truth , hindering Reformation , and seducing others . First , do you find no more in the Propositions as concerning Discipline and Religion , but a meere shadow of Presbyterian government ? we have no reason to thinke but the Parliament supposeth it such a Presbiterian government in the very substance thereof , as they can imagine , to be most agreeable to the Word of God , and according to our solemne League and Covenant ; If you can informe them better , confident we are their eares are open ? shall they receive the patterne of the house of God from their Scotch Brethren , for the Word of God ? If they see but the shadow , they are not far from the substance ? If they honour the shadow , which is all they see , what will they do to the substance when their eyes are open ? Is it not better that they should doe as they see , and see what they doe ; than to drive a great trade of confidence about the will of God in Discipline , with a small stocke of Scripture to maintaine the same ? did all men truly see what they act , and act what they see , we should have more love , and lesse wrangling , more truth , and lesse shew , men would not be so forward in pretence of zeale for government in the house of God , with the neglect of the government of their owne tongues and pens , in reproaching and slandering whole States and Kingdomes : you see little but the meere shadow of GOVERNMENT in the Parliament ; we see little but the meere shadow of RELIGION in some others . Secondly , Perhaps the KINGDOME sees little as yet , but the meere-shadow of Presbiterian Government , and so are fit for nothing more ; let them be first instructed , and then commanded . The Parliament are English men themselves , who know the disposition of their own Country-men to be such , that they will freely run when they are drawne with the cords of men , viz. reason and love : but are extreame head-strong in case of compulsion , they could never endure the bramble should raigne over them ; when the Kingdome is taught in the substance of Presbytery , its likely the meere shadow Will flie away . Thirdly , It may be the Parliaments designe may be first to feed the Kingdome with substantials of Religion , the finest of the flower , the milke and honey of the Land of Canaan , viz , the great Doctrines of faith towards God , and repentance from dead works ; and untill the time of some proficiency therein , the shadow of Discipline may be sufficient , the substance whereof is but a meere shadow in comparison of these , our late Prelates , whilst they so hotly contended for Discipline and government in pretence of suppressing a deformity , and multiformity of Heresies and Sects , Errour , Scandall , &c. Did destroy and crucifie RELIGION and her children ; when they bowed the knee to DISCIPLINE , crying haile Master , and kissed it , we hope the Parliament will not permit such a Faction againe . Whereas you say , The Parliament hath granted in their Propositions a liberty to all sorts of Service and Worship of God , an opening a doore to Atheisme , to all Religions , to Error , Scandall , Schisme , Heresie , &c. we reply . Brethren , your language reflects upon your descent , and your expressions do disparage your honourable employment as Commissioners of State ; your pens seeme to be rather steered by the hands of some of the late scandalous Pamphlet writers , then of the Scotch Commissioners . You callumniate boldly , but will any thing stick ? let 's observe your charge ; The Parliament you say desires the settlement of a vast deformity or multiformitie of Heresies , and Sects , and grants a liberty for all sorts of Service , and Worship of God , yea and the opening a doore to liberty of Errour , Scandall , Schisme , dishonouring God , opposing the Truth , bindering Reformation , and seducing others : and all this is aggravated ; in so much as it is done , after a most sacred and solemne League and Covenant , to suppresse all these according to the Word of God , and the example of the best reformed Churches . Brethren , two things you should have done before you can make this good ; you know that Religion and the Covenant requires the suppression of these things , according to the Word of ●od , and the example of the best reformed Churches . First then you should have shewed by the Word of God what are these Errors , Heresies , Scandals &c. which you say the Parliament desires a settlement of . Secondly , You should have proved the methods and waies , the rules and directions of the Word of God for the suppression of these , and the Parliaments practice in opposition to that , and then put it unto the judgement of ingenious men to determine the case ; have you done this in the eye of the Kingdome , before whom you have slandered the Houses of Parliament , if not , were you not Commissioners of State , we would tell you more plainly your deserts : but for the present we say no more but this ; If any man among you seeme to be Religious , and bridleth not his tongue ( much more his pen ) but deceiveth his owne soule , this mans Religion is in vaine . Be it known unto you that we verily beleeve that the things you speake of , much more the toleration of them , and most of all the setling the same , are the first-borne of abominations unto our present Parliament : and in the meane while we clearely discerne , that while you pretend to plead with such imparalleld zeale against Errours , Heresie , &c. you sticke not to abuse the repute , and blemish the good name of a whole representative Kingdome at once ; violating the most plaine , evident , and obvious rules , shall we say of Christianity ? yea , of common justice and honesty : and therefore we tell you as you tell the Parliament , and take notice of it : Certainly 〈…〉 mocked . You tell us page 7th , that it is far fr 〈…〉 ions that pious and peaceable men should be troubled , because in every thing 〈◊〉 cannot conforme themselves to Presbyterian Government : for you say you did never oppose such an indulgen●e to their Persons as is agreeable to the Word of God , may stand with the publique peace , and is not destructive to the Order and Government of the Church ; yet you do from your soules a●hor such a generall and vast toleration as is exprest in the Proposition , &c. Who shall judge of pious and peaceable men in England , the Parliament of England , or the Scotch Commissioners ? Againe , who shall determine what kind of iudulgence is agreeable to the Word of God , may stand with the publique peace , and is not destructive to the Order and Government of the Church established in England ? the Parliament of England , or the Scotch Commissioners ? what meane you by indulgence to their Persons ; such a kind of indulgence of their persons , as pious and peaceable men may have in Spaine , Rome , Turkie , among even Infidels themselves , or of a better consideration ? If we may plough with your owne heifer , we may quickly expound your riddle ; you would not have a toleration of any Sectaries , and we see who they are by your large Schedule , page 12 Anabaptists , Antinomians , Arminians , Familists , Erastians , Brownists , Separatists , Libertines , Independents , Nullifidians , Seekers , and the new Sect of Shakers : can any man in the least degree withstand your Presbytery , and not be rankt among these Sectaries , except the Episcopalians , for which it seemes we shall have a toleration , Cum privilegio Scotico . Brethren , we are not yet baptized into the spirit of Scotch Presbytery : there we are Anabaptists , we cannot submit unto the Lawes thereof ; there we are Antinomians holding that we have power and liberty of will therein ; here wee are Arminians , neither doe wee judge it sinfull , though we should act contrary to your Presbytery , there we are Familists , perhaps we judge that there is not so plaine and cleare a Forme of Church-government , and Rule of Discipline to be found out in the word of God , as some do suppose ; and therefore do hold that Christian Magistrates may establish such a discipline , ( it being not contrary to the word of God ) as they shall judge meet , and that we ought to submit unto it ; here we are Erastians : and yet wee judge that we ought to come out of Babylon , and decline corrupt and superstitious worshipping of God , there we are Brownists and Separatists : judging our selves free from receiving the law of Church government from the Scotch Oracle ; here we are Libertines : neither will we depend upon your judgements as infallible , here we are Independents : extreamly doubting your judgements therein , not questioning our salvation , though we have no faith therein ; here we are Nullifidians : being extreamly in the dark , not understanding your wayes , here we are Seekers . And if the Lord in mercy doe not afford us more liberty and indulgence in the quiet enjoyments of our priviledges and interests in things Civill and Religious , then , for ought we see you would afford us , we may be quickly reckoned amongst the new Sect of Shakers : you would make us tremble under your hands ; from which condition Libera nos Domine . Brethren , such Sectaries in the sense delivered , the Parliament may well desire to tollerate : but your assertion of the Parliaments sinfull tolleration of the Sectaries of your Catalogue , is a scandalous , false , & an unbrotherly aspersion . For have they not in terminis declared against the tollerating of Popery , Masse , Service book , it is not the property of a brother to be the accuser of brethren . That next Religion , wherein you differ in judgment from the Propositions , is , concerning the interest and power of the Crowne , being obliged by our solemne League and Covenant , Allegeance and duty of Subjects , not to diminish , but to support the Kings just power and greatnesse . You should have added , In our severall places and callings , a passage in the Covenant which ever and anone doth flye in your faces . Next , you come to the question , Wherein the Kings Regall authority , and just power doth consist : and you answer it in the first place , that it is chiefly in making & enacting laws ; and upon this principle you document the Parliament of England about the Kings power in making laws , &c. What have you to do to busie your selves in such things which meerly concerns another Kingdome ? but since you thus take upon you ( confident we are ) beyond your commission , we desire you in your next , to declare faithfully the power of the King in making laws in the kingdome of Scotland , & how valid his negative voice is there . But in the mean while , why doe you professe Ignorantium & facti & juris alieni , and yet interpose in the power of making laws in the Kingdome of England ? Brethren , remember that golden passage in the covenant , Our places and callings , and doe not stretch your selves beyond your line . It is not the property of wise men to bee medling . Againe , if the King hath a negative voice in making lawes , hath he not the same in repealing lawes ? And if so , farewell Presbytery and Directory . In the next place you intermeddle with the Militia of the kingdome , to that wee pray you , hands of , would we suffer you to feize upon that , for ought we know , the honour of Englishmen would bee quickly contained in the Court complement , Your humble servants ; and the Catholick titles and tearms of Dominus dominantium , and servus servorum , would soon be divided between the Scot and the Englishman : Englishmen are better soldiers than to part with their weapons , and Militia of their kingdom , and suffer another nation to intermeddle with that . We have not the patience to admit of a word of discourse of your medling with the Militia of England . The next thing you complain of under the head of Commission , and excesse , is the standing of our Armies : to that you tell us , You thinke fit that neither King nor Parliament ought to keep up an Army in the field when the war is ended . You give your judgement before it is demanded : we think fit you should forbeare intermedling , untill it appears within your vocation and calling , according to the solemne League & Covenant . Brethren , we do not interpose nor busie our selves about Your Army in Scotland , or affairs particularly belonging unto that kingdome , neither do we envie your mountains , but are contented with our own vallies . As for Our Army , they are only Englands charge , why should they bee the Commissioners of Scotlands trouble ? It is very true , the charge of the Army is great , but whether Needlesse , as you tell us , the judgement of our P●rliament , and not the Scotch Commissioners , must determine for us ; a hand of mercy to our distressed kingdome , did at first gather them , a hand of power hath hitherto been with them , and a hand of providence hath kept them together to preserve the interest of their native country intire & whole from the violence of those that would be fingring therewith . And though it be true , that the sea is our Bulwark by Gods mercy from forrain enemies , which are beyond it ; yet you know very well , that our late wars have been fomented by our own natives ; for sometimes brethren prove unnaturall , and Paul joynes his perills among false brethren , with his perils at sea . If you doe indeed condole the griefs of the people from the charges of our Army , you will take heed that wee be not troubled with any from forrain parts : for confident we are , the whole kingdome will never abide it , no , though they should enter into a soleme League and Covenant , that they would only help us to disband our Armies , and ease the people of the oppressions therof . You tel us , If the Houses had according to your earnest desires of the 3 of March , 1644. when they model'd their Army , made choice of such officers as were known to be zealous of the reformation of Religion , and of that uniformity with both kingdomes , are obliged to promote and maintain , &c. and put in execution their severall declarations , as that of the 20. of Sept. 1643. as also the 15. of Feb. 1644 ordering all Officers under Sir Thomas Fairfax , to take the Covenant , &c. it would have prevented a world of inconveniencies and evils which have ensued upon the neglect thereof . We judge ourselves to have cause to bind the sacrifice with cords to the hornes of the Altar , and praise the name of the Lord for his wisdome and goodnes in modelling the Army even as he did , though contrary to the advice of the Scotch Commissioners ; ( yet we plead not at all for any errour or evill of judgement or practice either of the Army , or any therein . ) 'T is true , we heare of all religions in this Army , and of no religion in another ; of error of judgement here , of error of practice elsewhere ; of quartering upon the countrey by this Army , of quartering the countrey by another : of officers and soldiers , that through scruple of conscience cannot t●ke the Covenant in this Army , and of officers and soldiers that can both take the Covenant with hands lifted up to the most high God , and yet strike hands with death and hell by cursing and swearing , plundring and stealing in another Army . It is no pleasure to us to dabble in the mire of another Army : neither can we endure that the Scotch Commissioners should bespatter our Army . If the Houses had according to your earnest desire the 3. of March 1644 when they model'd their Army , made choice of such officers as were known to be ze●lous of the reformation of religion , and of that uniformity which both kingdoms are obliged to promote and maintain : that is , if they had made choice of such Officers as you would have preferred , viz. zealous hardy men out of the north , whose judgement about the Covenant and Treaty had concurred so , as to introduce your nation to be one of the Estates of this kingdome , to have a negative voyce in all things concerning our welfare , who would have pleaded your co-intrest with the Parliament of England in the Militia of the kingdome , disposall of places and offices of t●ust , in all our particular and proper goods , we are confident with you , that it would have prevented a world of inconveniences upon the King and his party his Armies in the fields , strong Holds and Garrisons , which have ensued upon the neglect thereof . The last thing you speak unto under this head , is , viz , the interest of the Crowne , that is , touching the conferring titles of honour , which you call the Flower of the Crown , and wherewith Kings doe use to recompence the vertue and merits of their good subjects , &c. Did you not formerly consent to the making voyd of the Titles of honour confer'd by the great Seale , after it was carried away from the Parliament ? have you better considered of the matter , and changed your thoughts touching the vertues and merits of those who have assisted the King against the Parliament ? Is this your zeale against the common enemy of both Kingdoms , according to the solemn league and Covenant ? Is this that just and condign pnnishment wherunto you engaged your selves to bring them ? what that might be rewarded for their helping the King against the Parliament ( as we heare your Secretary was , ( as is supposed ) for his care and pains in this your writings against the Houses ) with titles of honour . Having finished the particulars of the second head , viz the interest of the Crown , you fall upon the third , the union and joynt interest of the kingdoms , where you complain . First , That the Houses have omitted the Covenant in these Propositions . We have given you an answer to that once and again ▪ you do so tosse the covenant , that it 's thought you will quickly bring it out of date ; the word Covenant is your Shiboleth : but we can both pronounce , and nnderstand it as well as your selves . Secondly you adde , that the Houses have rejected all that concerns-unity and uniformity in matters of Religion . It is but a temporary Suspension , because of their former successesnes ( your own answer for your rejecting propositions , & pressing for a treaty contrary to your promise ) and not a rejection of those things : Did they presume the religion of Scotland in the principles thereof to justifie your practices in abusing our Parliament as your Papers have done , they would have reason enough to reject all that concerns unity and uniformity with you in matters of religion . But confident we are , as they have no reason , so the least jealousie thereof is not within the confines of their thoughts . Next you complaine of the omission of severall things even in heapes , all which you summon up in this , That generally throughout the Propositions all expressions of joynt interest are left out . If by joynt interest you meane such a joynt interest as is according to the expresse letter of the solemn League and Covenant , and treaties between the Kingdoms , we cannot presume such an omission ; though there may be a prudentiall suspension at present of some particulars thereof , though we know no such thing . Secondly , if by Joynt Interest , you mean such a Joynt Interest as you would extort from the solemn League and Covenant , and treaties between the Kingdomes , as the sence thereof , which was never intended ; nay , abhor'd , As that the Militia by sea and land in the Kingdoms of England & Ireland , the power of making peace and war with forraine States , the Kings consent in the enacting of any law , the conferring of great places of honour and trust , making of Peers of Parliament , conferring of titles of honour , what revenue the King is to have in England & Ireland , and how to be disposed , &c. cannot be transacted and concluded upon , without the joynt advice and confent of the kingdome of Scotland . If such a kinde of sense & meaning only of the solemn League & Covenant , and treaties between the kingdoms , will serve your turn , and the expres letter of these , is too short for your satisfaction , the Parliament of England have reason upon reason , that generally throughout the propositions , all expressions of joynt interest should be left out . Yea , if we may be understood in the observation of our due distance from , and obliged duty to them , we obtest them by all their vowes , covenants & promises , by all their votes , orders & ordinances , by all their declarations , proclamations & protestations , by all our bloud , blowes & battles , by all our vexations , contributions and taxations , by all our monies , horse and plate , by all our servants , apprentizes and journey-men , by all our wounds , sores and scares , by all the rents , rapes and ruines , by all the plunderings , burnings and sackings , by all our widdows , fatherles and friendles , by all our sayings , doings and sufferings for our kingdomes interests , by the sad effects of tyranny and slavery , by the great trust committed to their charge , by our confidence of their faithfulnes therein , by the honour of English men , by the stain of their posterity , kindred and progeny , by their principles of humanity , justice and integrity , by their great account at the last day , that they doe preserve our rights , lawes & interest , our priviledges , liberties and immunities intire , distinct and whole , and that they neither sell them , give them , nor grant them , nor yet suffer them to be sold , given , or granted by any compact Covenant or Treaty ( as we are most assured hitherto they have not ) to any Nation , Kingdome , or people ; and more particularly , that in all their transactions between themselves and our Scotch brethrē , they maintain the distinct interest of England , without confounding it with the interest of Scotland ? and that in all their neighbourly , friendly and brotherly Associations for the jojnt benefit of both Kingdomes , they never associate in that which is their several distinct and particular rights . Whereas you complain that formerly Propositions of both kingdoms were drawn up together in one body ; now for separating the interests of the kingdoms , the Propositions for England are drawne , up apart , upon the observation whereof , with other things you desired a conference and it would not be granted . We reply . First , what mean you by one body ? mean you the Commissioners of both Kingdoms , making that up one body ? or secondly the Parliament of England in conjunction with the Scotch Commissioners ? doubtles we cannot thinke that the Parliament of England and Scotch Commissioners were ever known yet to be one body ? we hope that never such a monster shall be seene in England ; neither can we imagine that the Commissioners of both kingdomes in one body were to draw up propositions for peace ; therefore mean you thirdly , that this one body was not made up of men , but of propositions ; and though they were Propositions of both kingdomes , yet they were sent together in one body ; this doth not argue but that care was had by the Parliament that though the Propositions were sent in one body or paper ; yet there was a distinction , and no confusion of interests : we perfectly know , that as it would be contrary to the Parliaments trust , so is it against their jugdements and consciences to confound the interest of England with the interest of Scotland ; we trust they will never be sowred with the leven of Levelling ; but in the promotion of unity , they will beware of the Doctrine of Community . Secondly , what if Propositions for peace were formerly drawne up together in one body , must all other Propositions whatsoever , which the Parliament of England will please to tender to the King , be drawn up together in one body with Scotlands Propositions ? No , it is time now to seperate all colour of interest of the kingdomes , and not to suffer the least appearance , or occasion of scruple , that the Parliament of England did ever intend participation of interests with the kingdome of Scotland , though Propositions of both kingdoms were formerly sent in one body of writing ; yet now their wisdomes may think fit not to administer so much as a paper advantage , or the smallest ground of jealousie and mistake about their intentions concerning the intire preservation of the kingdoms distinct interests , and therefore our obligations are the greater unto our Parliament , for that they would not so much as grant a conference with you about this busines , that the confusion of interests between England & Scotland , should never procure so much advantage as the grant of a Conference would administer unto it . And had the principles of an unlimited prerogative power , been as timously obviated and declared as your present principles of confounding interests are now by our Parliament , it had as probably prevented the sad calamities and miserable consequences of our late wars , as their present care we hope will doe ; if the fault be not your owne , which if it happen ( as God forbid ) we make noe question but all English men of honour and interest , and common ingenuity , will joyn together as on man , and so preserve the interest of their native Countrey distinct and whole , as that all the guilded species , and devout pretences of piety and love which shall be used by the deceitfull enemies of the kingdoms interest , will never delude us , nor i' th least divide us . Your grand objection is the expres letter of the eight Article , wherein it is provided that no cessation , nor any pacification or agreement for peace whatsoever shal be made by either kingdome , or the Army of either kingdome without the mutuall advice and consent of both kingdoms , or their Committees in that behalf appointed , &c. First , this eight Article you flourish about like the sword of Saul , presuming it will not returne empty , though it proves to you like the sword of Goliah serving only for your owne overthrow ; for who was the enemy with which no cessation , nor any pacification or agreement for peace whatsoever should be made by either kingdome , or the Armies of either kingdome , without the mutuall advice and consent of both kingdomes , or their Committees on that behalfe appointed ? was it not the King and his party ? if his party is supprest by conquest , and no peace is made with them by compact , then the only enemy that stands out can be no other but the King ? was not the Dutch Embassadour ( as you say ) sent hither to mediate between the King and Parliament as the chiefe parties at variance ; doe not all the expresses , Proclamations and Declarations both from the King and from the Parl. relate to the differences between the King , the Parl. the King and his People , &c. Did not the King proclaim the Parliament , and the Army under them , Rebels , Traytors , enemies , & c ? Did not the Parl. declare that the King had set up his Standard against his people , and therby put his Parl. and kingdome out of his protection ? what can imaginably ▪ then be the meaning of this Article ; but that no cessation , nor any pacification , or agreement for peace whatsoever can be made with the King by either kingdom , or the Armies of eithers kingdom , without the mutuall advice and consent of both kingdoms , or their Committees in that behalfe appointed ; hath the Parliament ever secretly or openly , made any cessation , pacification , or agreement for peace whatsoever ; or in the least degree closely tamper'd with the King without the mutuall advice and consent of both kingdomes ? did they ever directly or indirectly by themselves or others invite him to their Army , and upon his comming pretend to admire the wonderfull providence , professing astonishment and amazement , and that they were like men in a dream ? Did they ever accept of titles of honour , either at New-castle or Isle of Wight , exhibiting so much as the least jealousie unto our brethren of Scotland , of any compliance , much lesse agreement or pacification with the King without their mutuall advice and consent ? Have they broken their Articles of Treaty , or your selves ? No , let not such a stain and blot be found upon any English men of honour or interest , much lesse upon the High Court of Parliament of England , the representative body of the whole kingdom ; and we once more obtest you , brethren , Commissioners of Scotland , by the jealousie and wrath of the most high God ▪ by all your professions and declarations , by your soleme League and Covenant which you have made with God , the Parl. and kingdome of England ; by the eight Article of the Treaty betwixt the Kingdoms , by the dreadfull demerits of Covenant-breakers , Treaty-breakers , false brethren , deceitfulnes of friendship , dissimulation with God and men , that you neither directly or indirectly , secretly or openly make any cessation , pacification or agreement for peace whatsoever with the King without the mutuall advice and consent of both Kingdoms . And we desire Almighty God to blesse and prosper the Parliaments and Commissioners of both Kingdoms according to their faithfullnes in keeping Covenant on Treaties , that it may please him to blesse them , or either of them in their faithfull endeavours to execute judgement and justice upon great and small , fulfilling the whole minde and wil of God without respect of persons among men ; that it would please him to keepe up the spirit of the honourable Lords , Commons , and Army of England , without declining from their late resolutions , in a steady , constant , and faithfull intention and purpose , without feare or favour , and that they may not start aside like a broken bow from their present righteous and just intentions , and that it may please him to incline the hearts of all the people of the land to joyne with them to promote righteousnesse , judgement and justice , and to keepe the interests of both kingdoms in their proper distinctions without confusion , to heare the cries , and hasten the remedies of the many oppressions , sorrowes and grievances of the kingdome ; and that it might please him to incline the hearts of the honourable City of London , and all the Inhabitants thereof , to throw by all unhappy differences and jealousies whatsoever , and to joyne together in the wayes of God , and to give them light from his word , and power from his spirit , in a due and Gospel way , to suppresse error , heresie , blasphemy , and whatsoever is contrary to sound doctrin , and to maintain in their several places and callings the undoubted interest of their native Kingdome ; for all which with simplicity and integrity of heart , quaesumus audias nos Domine : But to returne to answer our brethren . If the King be not the only man with whom the peace is to be made ; what other adversary doth appeare at all ? and indeed you often tell us that now the war is ended , pag. 10. Againe , the war is ended , p●g . 21. There is no enemy to sight with , Ibid. Againe , the war is at an end , and no visible enemy in the kingdome . Againe , now Armies are no more usefull , Ibid. Then it will follow . First , that the Parliament hath not broken their Treaty in any Pacification or agreement with the enemy without you , the peace being got by the sword , and not by a Treaty ; therefore you ought to recant your charging them in this particular . 2. If the war be ended , we have no more to do with the Scotch Commissioners ; for we know no Covenant , Treaty , or Compact with them , that they should intermeddle with us in the government of our kingdom , nor we with thē in the government of theirs . We thank you for your help ( for we shal remember our own duty to acknowledge you , and leave it to your ingenuity to remember both our ancient and late respects unto you ) we have given you 200000. l. ( besides all other things , we need not name them ) in part of payment : 200000 pounds more we are to give you ; we pray your Christian and brotherly forbearance with us , you shall find us honest , and without guile in our dealings with you . The next thing you complaine of is the omitting the proposition concerning the City of London , &c. The City of London ( to speak without vanity ) hath not come far short of the kingdom of Scotl. in their deserts from the Parl. of England , And we make no questiō , but upō the faith●ul cotinuance of their due respects to the Parl. of Engl. and the interest thereof , whereof we have hopes ( if but from this time , God blesse their eares from the guilded rhetorick of pretended devot ō and deceitfull tongues , that they do not neglect their owne interest ) the Parl. of Engl. will not forget their labour of love , and their perseverance therein , nor yet remember every character of humane frailty that hath been upon them ; the best Parliament hath had its spots , as well as the best City . Next , you complain of the proposition for taking away the Court of Wards , &c. Hath not the King consented to that ? and is not this beyond your line ? Touching the Proposition for the sale and disposal of the lands of Deans & Chapters . You have some what to say , which is only this ; That you have alwayes heard that those lands were reserved by the Houses for the maintenance of Ministers ; and the disposall of it otherwais would discourage faithfull Pastors , and give occasion to the people ( where Minsters are wanting for lack of maintenance ) to follow after Sectaries , and Tub preachers . It seems you are very inquisitive about the disposall of lands in England : we are not so dim sighted but we see and observe how quick you are of hearing , and diligent in harkning after matters of that nature . The disposal of the lands of Deans & Chapters otherwise thē for the maintenance of Ministers , would discourage faithful Ministers , Perhaps no more then the disposall of B●shops lands have done , which are security for monys for our brethren of Scotland : and if the Dean and Chapters lands had been so disposed of , we beleeve you would have given us no occasion to have spoken to this point , it is the desire and longing of our very souls , that some effectuall course might be speedily thought upon by the Parliament for the comfortable incouragment and maintenance of faithfull Pastors , yea and their widows and children , that they may be delivered from that snare of dependence upon the benevolence and charity of their dull hearers , and sometimes vitious patrons and benefactors . But we referre the matter wholly to the Parliament , and heartily desire their most possible expedition in that good work . But before we leave this , we desire you tel us the original and meaning of that profound word Tub Preachers ; we have formerly presumed if it had its rice in England , it was from some of those learned Ballad singers in dishonour of Pulpit preaching , who were bred up in the University of Newgate . Should English Commissioners in Scotland have made any mention in their addresses to their Parliament , of the opprobrious tearms of Red-shanks , or Blew-caps , it had reflected no smal disparagement upon those that employed them . Such light expressions ( to say no more ) we did never observe to proceed from Commissioners of State before , neither do we beleeve that Commissioners of the Indies , bred up in Wigwams , did ever use such scurrilous terms in all their motions to the Magistrates at Bostonbay in New-England . For the conclusion of all , you see down most of your desires , and tender them unto the Parliament . If you have any desires concerning your own kingdome , wherein the Parliament of England may gratifie you without prejudice to the proper interest of England , you may do well to tender them ; but we sh●ll not trouble you to mediate for us with our own Parliament ; we desire you brethren , once more before we leave you , that you would remember that peace preserving passage in the Covenant , Our severall places and callings : you are ex●ream apt to forget it , therefore are we so bold to put you in mind so often of it : you have set downe most of your desires , but not all , keepe the rest within you , perhaps it is better ( at least for us ) that your desires should bee in your Hearts , then in your Hands . As for your intermedling with the four Bils sent by the Houses unto the King ; we say no more , but had you been mindful of the bounds and limits of our solemn league and covenant , viz. our severall places and callings , you had spared your paines in that busines , and your fig. leaves to cover that nakednesse , hath been totn from you by a better hand . Here we had thought to have taken our leaves , but before we part , we have three or four Queries to propound unto you , and one request to make , wherein if you will satisfie us in your next , it will be an addition to our former engagements . First , whether that your publishing to the people the transactions between the Parliament and your selves , without the Parliaments consent , nay contrary to their expresse commands concerning printing and publishing ; yea , with maligne reflection upon them , be not contrary to the practise of all publique Ministers , yea and directly repugnant to all principles of common justice , and infinitely unworthy that profession of love , friendship , and brotherly respects which you have so solemnly made in the face of heaven and earth unto them ? Secondly , tell us , bona fide , whether you think in your consciences ( for you pretend to be very religiously conscientious ) that the Parliament of England , & people therof , did ever intend any such sense of the solemne League and Covenant , either concerning the interest of the kingdom , or government of the Church , as you have endeavoured to extort from it in your severall papers , or that they did intend ( when they took it ) any otherwise by it , than the promotion of holinesse in the general ( though with difference of judgement about discipline ) and the uniting us together in our mutuall assistance against , and the discovery of the common enemies of both kindomes ? Thirdly , tell us , bona fide , whether you desire , or rather would permit that the King should have the same power in Scotland , the same negative voyce , the same absolute command and authority every way , as you would he should have in England , especially if he should refuse to take away Episcopacy to establish Presbytery , to recall those proclamations and declarations whereby you are declared traytors and rebels , to give satisfaction and security to your kingdome , yea , or whether upon the performance of these things , you would let him have such a power yea or no ? Fourthly , whether you think in the secrets of your hearts , it be agreeable to the principles of religion , rules of equity , justice and policy , an acceptable sacrifice in the sight of Almighty God , and comfortable for his people , to advance the King , in statu quo prius , untill he hath according to the pious advice , and Christian exhortation of the generall Assembly of the Kirk of Scotland , viz. Fallen down at the Footstoole of the King of glory , acknowledging his sinnes , repented of them , and made his peace with God in Jesus Christ , whose blood is able to wash away his great sinnes . And whether you thinke in your consciences he is a changed man , yea or no ? Fifthly and lastly , whether it would not be most agreeable to the will of God , the declarations , protestations , promises and professions of love betwixt the two kingdoms , the true intent of the solemne League and Covenant , and most conducing to the glory of God , and the mutuall support , security , safety and benefit of the two nations united together , that you and we be true , faithfull , constant , and single hearted each to other , assisting each other according to Our severall places and callings , in the preservation of each others Peculiar , proper , and distinct interest : And whether it would not be as great a dishonour to God , scandall to the Gospell , scorne to Religion , rejoycing of the wicked , grieving of the godly , gratifying the Devill , and the affaires of his kingdome among Jewes , Turks , Infidels , Papists , Prelats , and all sorts of prophane men , that You and We should be at variance ? Should we not make our selves therby an abomination to the Lord , a hissing to all nations , a prey unto our enemies , obnoxious to the wrath and curse of God and men , and bring upon our selves swift destruction : for the prevention whereof , let us both bow our knees to the Father of our Lord Jesus Christ night & day , that we being rooted and grounded in love , may grow up together in Christ , perfecting holinesse in the feare of the Lord ; and by all Christian forbearance and wisdome , may keep the unity of the Spirit in the bond of peace . OUr request is onely this , that you would either giue a Reply unto the Answer of the Commons assembled in Parliament to the Scotch Commissioners papers of the 20. and their letter of the 24. of October , 1646. or else to cease any further to trouble Englands eares with what you call the sense and meaning of the solemne League and Covenant , Treaties , &c. for if you doe , you will but sow the winde , and reap the whirlwinde for your paines . Valete . FINIS . Notes, typically marginal, from the original text Notes for div A58835e-160 P●ov. 10. 9 * ●● turneth them upside down . 2 Sam. 15 , 7. 8. Pag. 3. by figure , but the first in order . Reply Reply . Vide , the Answer of the Commons in Parliament , to the Scotch Commissioners papers of the 2d of Octob 1646 pag. 1● . The Marquis of A●giles speech to the grand Committee of both Houses , Iune 25. 164● . page 4. Page 3. Reply . ☞ Page 3. Reply . See the Chancellor of Scotlands speech to the Kings Majesty at Newcastle . Reply . Page 6. Page 9th . 2 Sam. 1. 20. Prov. 11. 3. Page 6. Reply . Vid. the book of Declar . pag. 580. Hosea 4. 15. At Vxbridg . Page 4. Reply . Page 5. Page 5. Reply . 1 Reason Reply . 2 Reason . Rep●y . 3 Reason . Reply . 4 Reason . Reply . 5 Reason . Reply : 6 Reason . 1 Reason 2 Reason . Page 6. Reply . Prov. 27. 10. Page 6. Reply . Page 7. Reply . Page 14. See the Remonstrance of the generall Assembly of the kirke of Scotland , sent by the commission of both Kingdomes , Iune 12. 1645. to Oxford . See the Parl. answer to his Majesties message to two Letters , the 26 and 29. of Decemb. 1646 , Page 5. * See the Letter from the Commissioners of the Parl. of Scotl. to the Commissioners of the Parl. of Engl. concerning his Majesties comming to the Scotch Army May 5. 1646. Ibid. Reply . * Page 3. See the Parl. answer to the Scotch papers of the 20. of Octob , 1646. Page 9. Reply ▪ 2 Kin. 10. 16. Page 10. Ibid. Reply . Page 17. Reply . Ibid. Reply . Lev. 22. 22. Ibid. Reply . Page 11. Page 18. Reply . Iam. 1. 21. Reply . Pag. 17 , 18 Reply . Pag. 19 , 20 Reply . Page 21. Reply . Page 22. Page 21. 2 Cor. 11. 26. Reply . Reply . Page 2● . Reply . Reply . Page 23. Reply . See the Answer of the Commons to the Scotch Commissioners papers of the 20. and their letter of the 24. of Octob. 1646. page 11. Pag. 23. Reply . Page 25. Reply . Ibid Reply . Ibid. Reply . Page 25. Reply . See Indepency of England , &c. lately set forth , pa. 18 , 19. 
A60180	----	An account of the Scotish atlas, or, The description of Scotland ancient & modern by His Sacred Majestie's special command to be published presently by Sir Robert Sibbald D.M. His Majestie's physician in ordinary, and geographer for his ancient kingdom of Scotland. Sibbald, Robert, Sir, 1641-1722. 1683 Approx. 38 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-02 (EEBO-TCP Phase 1). A60180 Wing S3720 ESTC R9801 13111287 ocm 13111287 97663 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60180) Transcribed from: (Early English Books Online ; image set 97663) Images scanned from microfilm: (Early English books, 1641-1700 ; 779:7) An account of the Scotish atlas, or, The description of Scotland ancient & modern by His Sacred Majestie's special command to be published presently by Sir Robert Sibbald D.M. His Majestie's physician in ordinary, and geographer for his ancient kingdom of Scotland. Sibbald, Robert, Sir, 1641-1722. 9, [4] p. Printed by David Lindsay, Mr. James Kniblo, Josua van Solingen, and John Colmar, Edinburgh : 1683. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sibbald, Robert, -- Sir, 1641-1722. -- Scotia illustrata. Scotland -- Description and travel. Scotland -- Description and travel -- Early works to 1800. 2005-06 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-07 Simon Charles Sampled and proofread 2005-10 Apex CoVantage Rekeyed and resubmitted 2005-11 Simon Charles Sampled and proofread 2005-11 Simon Charles Text and markup reviewed and edited 2006-01 pfs Batch review (QC) and XML conversion AN ACCOUNT OF THE SCOTISH ATLAS , OR THE DESCRIPTION OF SCOTLAND ANCIENT & MODERN , BY His Sacred MAJESTIE' 's special Command To be published presently , BY Sir ROBERT SIBBALD D. M. His MAJESTIE' 's Physician in Ordinary , and Geographer for His Ancient Kingdom of SCOTLAND . EDINBURGH , Printed by DAVID LINDSAY , Mr. JAMES KNIBLO , JOSUA van SOLINGEN and JOHN COLMAR . M.DC.LXXXIII . Mark ALEXANDER BOYDS Verses in commendation of Scotland translated out of Latine by J. B. A Noble place near the Pole Artick lies , Which on each side the Sea with Waters plies . Yet is it not sore pinch'd with Winter-Frost , Nor do the Sun 's hot fiery Beams it rost . To which both Name and Honour Scota brings A Noble Branch of the Egyptian Kings . Their Granaries she fill'd with store of Corn ; Laws and Religion stablish'd , them t' adorn . Their Vales with Corns , Pastures with Flocks abound ; Store of rich Metals in their Mines are found . Nor doth this Plenty make them idle sit : Artificers they have of skill and wit. Though gentle-natur'd , soon they fly to Arms ; Not more devout , than causing hot Alarms . AN ACCOUNT OF THE WORK Designed , OR THE SCOTISH ATLAS To be Published . AMongst the many Sciences , which perfite and adorn the mind of man , Geography is worthy of all praise : because it both affordeth matter of much delight , and likewise is of much use for the life of man. This World being a Theater , whereupon each act their Part , and by the several Personages , which they represent , very much demonstrate the marvellous Wisdom , Power and Goodness of GOD , who hath contrived all for the perfection of the Universe his great Work , and by his never erring Providence bringeth all about to the accomplishment of his good will and pleasure : Man , who is the lesser World and Abridgement of the Greater , cannot but find the advantages of Geography , by which we see all the parts of this great Machine , even which are most remote from us , and look upon these who are absent , as if they were present with us . What delight must it give us , when we learn by it the Situation of Countreys , Towns and Rivers , as well as if we had viewed them with our eyes ! It is certain that most of men have a great desire to travell , and it is certainly an inexcusable fault to be ignorant of what concerneth our own Countrey : Yet many , because of their poverty or want of health , are deprived of these Advantages . And therefore we are much beholden to Geography , by which all the face of the World is exposed to us , and we can even sitting at home view the whole Earth and Seas , and much sooner pass through them in our studies , than Travellers can do by their Voyages ; and so may , without the hazard of being infected by the vices of Forreiners , improve our minds and reap all other Advantages from them . Not to mention here , how the Policy of each place , the studies of Theology , of Natural Philosophy , History and several Arts may be improved by this knowledge . I shall only instance in Merchandising , Navigation and the Pactice of Medicine . And for Merchandising , ( which with Navigation is the great support of corporations ) it can hardly be entertained without the knowledge of the Countreys and their Products , of the nature and manners of the Inhabitants and Rodes that lead to them , which the Maps and descriptions joyned to them inform us of ; and by the Maps the Mariners come to know the situation of the Countreys they intend for , the Rout they are to follow and the Dangers they are to be aware of . As for the Practice of Medicine , Hippocrates hath abundantly proven , that a Physician , who would practise aright , must first know the place . Now considering these great uses of Geographical Descriptions , many complained that there was so little done , as to the Description of our Countrey : For the Theater of Scotland published by Bleau , for all its Bulk ( except it be the Description of some few shires by the learned Gordon of Straloch , and some sheets of his of the Scotia Antiqua ) containeth little more than what Buchanan wrote , and some few Scrapes out of Cambden , who is no friend to us in what he writeth . And in respect that there are many Islands around this Ancient Kingdom of Scotland ; and many impetuous and contrary Currents and Tides , and in several places the Coast is full of Rocks , or Banks of sand , which ought to be exactly described for the security of Trade . And because the face of the Country , by the peace and quiet we enjoy under his Majestie 's happy Government , is quite changed from what it was of old ; and now for Stately Buildings , Parks , fertile Fields , we begin to contend with the happiest of our Neighbours : therefore a new and full description was much desired by all ingenious persons . For these considerations His Sacred Majesty , the Father of his Countrey , and gracious and wise provisor of all that may be for the profite and honour of it , hath commanded and ordained , by His Letters patent under the Seal , Sir Robert Sibbald one of His Phisicians in ordinary and His Geographer for His Ancient Kingdom of Scotland , to publish an exact description of Scotland Ancient and Modern , with the Maps . And , that the Maps may be exact and just , the Lords of His Majesties Privy Council in Scotland gave Commission to John Adair Mathematician and skilfull Mechanick , to survey the Shires . And the said John Adair , by taking the distances of the several Angles from the adjacent Hills , hath designed most exact Maps , and hath lately made an Hydrographical Map of the River of Forth Geometrically surveyed , Wherein , after a new and exact way , are set down all the Isles , blind Rocks , Shelves and Sands , with an exact Draught of the Coasts , with all its Bayes , Head lands , Ports , Havens , Towns , and other things remarkeable ; the Depths of the Watters through the whole Firth , with the Courses from each Point , the prospect and view of the remarkable Islands , Head-lands , and other considerable land-marks . And he is next to survey the Shire of Perth , and to make two Maps thereof , one of the south-side , and another of the North. He will likewise be ready to design the maps of the other Shires , that were not done before , providing he may have sufficient allowance therefore . And , that these , who are concerned , may be the better perswaded thereto , there is joyned with this Account the Map of Clackmanan-Shire taken off the Copper-Plate done for it , where may be seen not only the Towns , Hills , Rivers and Lochs ; but also the different face of the grounds , which are Arable , and which Moorish : and by convenient Marks you may know the Houses of the Nobility and Gentry , the Churches , Mills , woods and Parks &c , In obedience to His Majesties command , the said Sir Robert Sibbald printed Queries for obtaining the Information that was necessary for the Description of each Shire ; and hath been at the pains to collect several Manuscripts Ancient and Modern , which may illustrate the said work ; and hath recovered several Ancient Inscriptions , which were never published before ; and hath now made that advance in the work , that if the rest of the Informations from the Shires be sent in shortly , and these few Shires be designed , which are not yet done , this Description in English ( whereof this is the Account ) may be very soon ready for the Press . For the further encouragement of these , who may be Subscribers for the Copies , it is fit there be some Account of it given , which is as followeth . The said Atlas Scoticus or Description of Scotland Ancient and Modern is to be in two Volumes ; the one in Latin , the other in English . The Atlas in Latine may contain about an hundred printed sheets of large Lumbard-Paper , in the great Letter the Atlas is usually done upon : & it will contain some seventy Maps , whereof there are upwards of twenty more than are in the Theatrum Scotiae done by J. Bleau ; and of these several are exactly surveyed . In this Latine Copy the Scotia Antiqua will take up more than twenty sheets of Print , and is done exactly from the Greek and Roman Authors , and the best Manuscripts and Ancient Records . The contents of the several Books are set down in the Latin Account premised . The Scotia Moderna likewise is done in Latin , according to the account given there , so it remains that there be ane account given of the Atlas in English , which is to be published first . The Atlas of Scotland in English may contain eighty sheets of printed large Lumbard paper , and about seventy Maps . It is divided into two parts , the General and the special part . The General part Containeth the general description of Scotland , where there is a short Description of Britain and Ireland . Then Albanie or Ancient Scotland is briefly described , where the names and the reason of them are given ; the condition of the Countrey from its first discoverie and Possession till the coming in of the Romans ; whence they came , where the first Inhabitants are shewed and the several Nations that frequented it then ; and the customes , manners , Religion and Government of the State under that Period are made known . Then the condition of the Kingdom , while the Romans were here , how far they prevailed , what Monuments they left , the division of the Countrie and Names of the People then , the condition of the Picts till their Overthrow , and the planting of the Christian Religion in Scotland is manifested ; The state of Religion and Government from thence till Malcom Canmore , in whose time the English Tongue , and the Titles , Manners , Customes of Living , which is now , was introduced . There is an Account also of the Forreigners , that invaded us during this Period . To Ancient Scotland belong these Maps . Albion and Ireland , With the lesser adjacent Islands . The Map of the British Islles , done by Ortelius . A New Table of Albania or the Most ancient Scotland . Ancient Scotland , done by Robert Gordon of Straloch . Then Scotland , as it is now , is described , where is shewed the Extent and the Bounds of it , the Latitude of it , the Figure of it , under what Climate and Parallels ; the length of the longest Day there ; the Division of Scotland into three Peninsulae , the South one , the Middle one and the North one , The Rivers upon each side running far into the Countrey are separated by a small Tract of Land from meeting , else they would make three Islands of the continent of Scotland . It is also divided by the Mountains , and by the Qualitie of the Soil , and Nature of the Inhabitants and their different manner of life , into the High-Lands and Low-lands , and the Highlanders and Low-land-men . And by the several Jurisdictions it is divided into Shires , Stewartries , Baileries , Bishopricks ; which are shewed , with the Counties under them . Formerlie it was divided into two Kingdoms ; that of the Scots , and that of the Picts , beside the Roman Province . The Islands about Scotland are shewed , and there is an Account given of the Nature and Quality of the Soil , and the natural products of it : viz. the grains , Pot-herbs and Fruits , and other usefull Plants ; The Animals ; Four-footed Beasts domestick and wild , the Fouls , the Fishes , the Insects ; The Metals and Minerals , the substances cast up by the Sea , the Mineral Waters ; The Advantages by the Sea for Trade and Fishing ; The great Rivers Forth , Clide and Tay , with their Firths , of each of which there are particular Maps , with full Descriptions of them ; The Lochs and the rare properties of some of them . There is an Account of the Air of Scotland , where the Winds are treated of , and the Advantages and Disadvantages the Countrey hath by them . The Nature of the Countrey Hilly and and Mountainous ; how these Hillsruns through the Countrey . Of the Woods and Forrests , Heaths or Moors , and Mosses . An Account of the ancient Inhabitants , their Diet , Drink ; their Exercise , Cloathing ; their Arms , Discipline of War , their Valour , strict Justice , Learning and Arts ; their Trade , nature of their Government before the Kings ; Their Ancient Religion ; Of the Druides ; Their Ancient Burials , and the Dignities in use amongst them ; The rise of their Property . The History of the Alliance betwixt the Scots and the French begun in the time of Charlemaigne and Achaius , and continued to our times . The Advantages and Priviledges the Scots got in France , The establishments of the Scots in other Countreys . The many Scots Families setled abroad . The Nature and Qualities of the present Inhabitants . Their Diet , Exercises , Recreations and Games . Their Apparel , their Language , their Humour . Of their Trade ; the Commodities exported . The Nobles , their several Degrees ; the Names of them according to the Order of the Parliament-Rolls . The Clergy ; the several Orders of them . the Archbishops and the Bishops their Dignity , their Chapters , their Jurisdiction ; exent of their Dioceses ; their Courts . The Gentry ; the severall Ranks of them , Whereof the Ancient order of the Thistle . The Commons , and the several orders of them The Royal Burroughs ; the list of them , their Priviledges . The Religion of Scotland under the several Periods . Many of old famous for their Sanctity . The Universities and Colledges of Scotland ; their Constitution . The Scots famous for all sort of Learning and Arts , for several new Inventions . Many of the Nobility and Gentry educate abroad ; many famous for their valour and Conduct ; Many of them General Officers abroad . A List of the Bishops and Archbishops of Sanct-Anrews since the time of the Picts , An Account of sixty of the Pictish Kings out of a Manuscript . An account of the Kings of Scotland . The State of the Governement done by his Majestie 's Advocate . Of the King and His Prerogative ; the Succession to the Crown , Ancient Dominion . The Revenue of the King of Scotland . The Power of the King of Scotland . Of the Officers of State. The Officers of the Crown . Of the Courts of Scotland and the Constitution of them . Of the High Court of Parliament : Where of the Electors , the Members , the Solemnity at the riding of the Parliament , the ranking of the Members . How they sit in Parliament ; the manner of Procedure in Parliament . Of the Lords of the Articles . What the Parliament cognosceth . The Convention of Estates ; the Nature of it . The Privy Council ; the power of it . The Session : the number of the Lords and Clerks , their Habits . The Outerhouse , Inner-house Matters that come before them . The Law of Scotland . The time the Session sits . The Justice-Court ; the Constitution of it . The Court of Exchequer ; the Nature of it , The Court of Admirality ; the Priviledges of the High Admiral . The High Constables Court ; its Nature . The Court of Regality ; its constitution . The Sherif-Court ; the Constitution of it . The Stewart's Court ; the Nature of it . The Baron's Court ; the Nature of it . The Commissary Court ; the Nature of it . The Lyon's Court ; its Nature . The Royal-Burroughs their Constitution . The Burrough-Courts their constitution . Where of the Convention of Burroughs . its Nature . Of the Burghs of Regality their Nature . Of Burghs of Baronie their Nature . Of the Justices of Peace their power . The Forces , where of the Military Government . Of the Mint , where of the Money of Scotland . The Government of the Church . Where of the several Ecclesiastick courts ; of their Nature . Of the Kirk Session . The Presbyteries , their Number ; The Synods . The Highest court , the Convocation . The number of the Parishes in Scotland . Of the Commission for Teynds and Plantation of Churches . Of the Commission for the Fishery , These make up the first Part , viz. the General Description of Scotland . The Second part of the Scotia Moderna is the special , wherein the Shires and Counties , and the Islands are particularly described . Scotland is divided into the Continent and the Isles . The Continent most conveniently is divided into three Penninsulae by the three Isthmi or narrow Necks of Land. The first is the South-part , which towards the South is divided from England by the River of Tweed , and , Where it faileth by a Line drawn from Solway-Firth ; towards the North from the rest of the continent by the Firth and River of Forth , and a short Line from thence to Clide , by which and its Firth it is divided from the North-west-part of Scotland . Of this part there is a new Map , the Counties contained in this part ( of all which there are Maps ) are these . Mers . Lauderdale . West-Lothian . Teviotdale . Mid-Lothian . East-Lothian Twadale . Lids-dale . Eus-dale and Esk-dale . Adnandale . Nides-dale . All Galloway . Sherifdome of Wigtoun . The countrey betwixt the Water of Dee and Cree . The Stewartrie of Kircudbright . South part of Carrick . North part of Carrick . Kyle . Cuninghame . The upper ward of Clids-dale . The Nether ward of Clids-dale . Renfrew . Sterling-Shire . The Middle part of the continent hath , to the South , the Firth and River of Forth , and the Line betwixt it and the River and Firth of Clide ; to the west and East , the Sea ; and , towards the North , it is parted from the rest of the continent of Scotland by the water and Loch of Lochty in Lochaber , and a line from the foresaid Loch through a short Neck of Land to the Rise of the Loch and River of Ness . You may see it in a new Map thereof . It containeth these following Counties and Shires whereof there are particular Maps . All Fife . The West part of it . The East part of it . Angus . The south part of Perth-Shire , where are Strathearn , Bequhider , Strathallan and Menteith . The water of Earn is done in the Map of Tay , and with it there is a plan of the Roman camp at Airdoch . The North-part of Perth-Shire , where are Braid-Albin , Athole the Rannoch , Glen-Lyon , the Over and Lower Gourie . Calckmanan Shire . Lennox . The Sherifdome of Argyle , or Innerara , where are Knapdale , Kintyre . Cewal , Lorn . Knapdale . Lorn . Kintyre . Aberdeen and Bamf-Shire . Braid-Albin , Athol , Brae of Mar , Badenoch , Spey and Lochaber . Lochaber . Mernes . Murray . The Northern part of the Continent hath , to the South , the Water and Loch of Lochty , and a short Line from thence to Loch-Ness and the Water of Ness ; to the West and East , it hath the Sea ; and to the North , the Sea. It may be seen in the Map intituled Extima Scotiae Septentrionalis Ora , and containeth these Countreys , Ross , Sutherland , Strathnavern , Caithness ; that part of Lochaber on the North side of Lochty Water , and Loch Edir , Chilis and Assin . The Countreys , of which there are Maps , are these ; Ross . Sutherland . Strathnavern . Caithness . And this is for the Continent of Scotland . The Isles are divided into the West Isles , the North-Isles and the Isles lying to the East . The Islands lying to the East are these , which ly in the Firth of Forth , and may be seen in the Map of Forth and are described with it . The West-Isles are these called Hebrides and Aebudae , and of them there are these following Maps . Aebudae , or the West-Isles . Aran. Boot . Lews and Harris . Lews , Harris and SKY in a Map together . Ila . Jura . Viste . Mulla . The lesser Islands Rumm , Canna , Egg , Muck. The North-Islands , as these of Orckney and Schetland ; and the Maps of them are these . A Map of Orkney and Schetland . A new Map of Orkney , with the Roads and Harbours . A most exact new Map of Orkney , with the Forelands , Rocks and dangerous places marked , done Mr. by James Wallace Minister of Kirckwall in Orkney . A new Map of Schetland . Besides these there is a Hydrographic Map of the Sea-Coast from the Island of Cocket to Orkney . THE SECOND PART OF The SCOTIA Moderna . IN this second Part , which containeth the Descriptions of each Shire and the Countries in it , and of the Islands , There is also an Account given of the names , situation , bounds of each Countrey ; the nature of the Countrey , and these Products Nature hath formed in it are shewed . The Forrests , Woods , Parks ; the Springs , Rivers , Lochs , with their various Properties . What Mountains , Valleys , Caves most remarbable , that it may be known what in every place abounds and may be communicate to other Countreys ; and what is wanting , that it may be carried in to them in order to Trade . The Plants , Animals , Metals , Substances cast up by the Sea. As to Rivers , the Rise of them and their Emboucheurs are shewed , and in the adjacent Sea the Roads , Bays , Ports and Harbours are described ; the Roks and Sholes on the Coast , and the time of the Moon that causeth High Water is marked . The Ancient Monuments , Forts and Camps , Inscriptions , graved and figured Stones ; the Singularites of Nature or Arte , that are there , or have been found there . The great Battels that have been there fought , and the memorable Actions or Accidents there . The Towns of Note in each Shire , especially Burroughs Royal ; their Magistracy , the Trade of the Town . Their publick Buildings , their Iurisdiction , their Hospitals and Work-houses . The Market-Towns in each Shire . The Monasteries , Cathedral Churches , Ancient Churches , Colledges and Publick Schools . The Manners and Customes of the Inhabitants in each Shire , their Manufactures . The Government of each Shire and Countrey ; in what Diocese it is ; who is Sherif , Stewart or Bailie there . Who commands the Militia there . The Castles , Forts , Woods , Forrests , Parks belonging to his Majesty there . What places give Title to Noblemen there ; and the Seats of the Noblemen and most considerable Gentrey . There is ane Account likewise of the Temperature of each Countrey , the Ancient Inhabitants of it . And , for illustration of the Work , the Dignities and Priviledges of several Noble Families , and the Rise and Branches of them are shewed . The Constitution of the Royal Burghs , their Priviledges , and their Longitude and Latitude is shewed . The Constitution of the Universities , their Priviledges , their Foundations , Bibliothecs and rare Instruments are recorded . And whatsoever of these occurreth in the Islands is shewed in the Description of them . Printed Books and Manuscripts not yet come to my hand , which I entreat may be sent to me : and after I have made use of them for the Work , they shall be restored . 1. The Navigation of King Iames the fifth around his Kingdom , with the Maps ; whatever Language it be in , and Whether Manuscript or Printed . 2. Cornelius Hibernicus . 3. Veremundus . 4. Joannes à Campo bello , or Cambell . 5. Turgot . 6. Liber Sconae . 7. Liber Pasletensis . 8. Liber Pluscartensis . 9. William Elphinhstoun Bishop of Aberdeen his Treatise of the Scotish Antiquities . 10. The History of Scotland done by Dempster and mentioned in his Apparatus ad Historiam Scoticam . 11. Andersonus de Sanctis Scotis . 12. The History of the family of the Gordons . 13. The Government of Scotland , written by Straloch . 14. Remarques , done by one who travelled through most of the West-Isles . 15. The new Map of Shetland , with the exact Description thereof . And what else in Manuscript or Print may be for the further advancement and embellishment of the Work , is humbly desired ; And there shall be an honourable acknowledgment of these persons , who transmit the Manuscripts or Printed Books with assurance that they shall be returned to them again . The Work being a publick Work and so much for the honour of the Nation , it is hoped , that all ingenious persons will contribute the necessary Information in Answer to the General Queries conjoined with the Proposal and there shall be a due commendation of them set down in the Work. It is earnestly desired , that the Informations anent the several Countreys , Towns and Universities may be sent to the Author betwixt and Martimass ensuing : for that it is resolved ( if so be there be a sufficient number of Subscribers to encourage the Work ) they shall begin God willing , to print the Atlas of Scotland in English once in January next 1684. Relations given in for the WORK . 1. ANe Account of the Governement and the Laws , done by Sir George Mackenzie his Majesties Advocate 2. Ane account of Rona and Hirta by the Lord Register , Sir George Mackenzie of Tarbat . 3. Observations by the same Noble Person . 4. Account of the Metals and Minerals in Scotland by Collonel Borthwick . 5. The Honours and Priviledges of the High Constable of Scotland . 6. Answers to the General Queries concerning Caithness , given by Mr. William Dundass of Wester Kincavile Advocate . 7. Some Account of Sutherland , and of the Family of Suther land given in by Mr. Douglas . 8. A Relation of the most considerable things observable in Orknay by Mr. Mathew Mackaile , who stayed several years there . 9. Ane account of the Current of the Tydes there by the same . 10. Observations of several remarkable things in Caithness by the same . 11. Memorandum of the Minerals in Scotland , containing the places where they are found by Collonel Borthwick . 12. Ane description of Shetland , and of the fishing there made upon the place . 13. Ane account of the Burgh Royal of Hadingtoun from the Magistrates thereof . 14. Ane account of the Miraculous cure of mad people , at Saint Mackassac well in Stratherne , Extracted from the Tryal the Presbitery of Sterling made thereanent . 15. A description of the North East part of Aberdeen Shire , by the Right Honourable the present Countess of Erroll . 16. Ane account of the Leakies in the River of Forth by the Reverend Mr. Wright Minister at Alloway . The PROPOSALS FOR The PRINTING the SCOTISH ATLAS . WHereas DAVID LINDSAY is to undertake the printing of this Description of Scotland , Ancient and Moderne , in the English and Latine Languages and is with all possible diligence to proceed thereto . And for many considerations is to make use of the Paper the Acts of Parliament were lately printed on , for the Description , the Lumbard paper amounting to a Greater expence then most of the Curious , will be at the charge of The said DAVID LINDSAY , will find sufficient Security to deliver to the Subscribers for the English Copy ( which will consist of upwards of one hundred sheets , Folio , in a greater letter then that the Acts of Parliament are done upon ) one Copy in sheets against the middle of January 1685. Which is to contain the Description without the Mapps , each Subscriber paying for the said Copy twenty Shillings Sterling , whereof ten is to be advanced presently , and the other ten to be payed at the delivery of the said Copy in English . And he likewise will find sufficient Security at the same time of January 1685. to deliver 69 Mapps General and particular of Scotland to each Subscriber who shall pay twenty five Shillings Sterling more , whereof twelve shillings and six pence is to be advanced at the subscribing ; and the other half at the delivery of the said Book of Mapps , which is to be in the Ordinary Lumbard paper , without Descriptions . He likewise will find sufficient security to deliver against the middle of January 1686. a Copy of the Scotish ATLAS in Latine , ( which will contain the Scotia Antiqua and Moderna in upwards of six score of sheets , and is without Mapps , Folio , in the Paper the Acts of Parliament were lately done upon , but a greater letter ) to each Subscriber therefor , who shall pay twenty five Shillings Sterling , whereof twelve shillings and six pence is to be advanced at the subscribing , and the other half at the delivery of the Book . And he will find security to deliver against the same terme of January 1686 a Copy of the 69 Mapps ( Lumbard paper as before ) to each Subscriber , who shall pay twenty five Shillings Sterling , whereof twelve shillings and six pence at the subscribing , and the other Moyetie at the delivery of the Book , that is to be without Descriptions . These Volumes will be dearer to these who subscribe not : and the Subscribers will be first furnished with the Books , they calling timely for them . And because that this work will be very costly to the said DAVID LINDSAY ( There being many Mapps to be graven new , such as were never done before , or not right done ) He will find sufficient security to dedicate the said Maps to be insert in this ATLAS Scoticus to such who shall advance five pounds Sterling , and their name and Coat of Armes shall be Graven upon the Map condescended upon . The money is to be payed in to John Melvill Merchant in Edinburgh , who will find security for the performance of what is undertaken . The said John Melvill will be found at his Shop over against the Crosse upon the North-side of the Street : and he will depute some to receive the money and give security in other places . That the Work may be the sooner finished , it is humbly desired that the Subscribers may presently pay the money above-specified . FINIS . The forme of the subscription for the Copies . We whose names are underwritten , well approving and Highly commending the Design of DAVID LINDSAY , do for his encouragement Subscribe our selves for one or more Copies of the said Book , and do recommend so noble and useful a Design to all ingenious persons throughout his Majesties Dominions . APPENDIX To the former Account of the SCOTISH ATLAS . 1. THE Shires of Selkirk , Kinrosshire , Innerness , Nairn , Cromartie , Elgin , Bamf , Ross and the Shire of Tayne were done joyntly with other Mapps . But if the Sheriffs and others concerned in these several Shires desire that they may be done apart , they may be so drawn , they paying for each Shire five pounds Sterling to JOHN ADAIR ( who is commissionat by the Right Honourable the Lords of His Majesties Privy Council for surveying the several Shires ) and five pounds Sterling more to DAVID LINDSAY for the graving of them upon Copper Plates with their Coat of Arms and the Dedication to them . 2. The Right Worshipful Sir GEORGE MACKENZIE His Majestie 's Advocate is pleased to grant his Manuscript-Treatise done by himself , wherein all the most considerable Families of the Nobility and Gentry in Scotland are digested in the order of the Alphabet , and the Stock of each Family , its Rise and the Branches of it are set down from the Original Records ; the Registers of the Abbacies , and the Charters of the said Families ; the Coat of Arms they bear , as it is blazoned by the Lyon Herauld ; and likewise the Plates with the Coats graven upon them . 3. The several Coins in Gold and Silver coined in Scotland done from the Copper-Plates , which Sir JOHN FALCONER Master of the Mint caused to be made for them . 4. As likewise the Plans of the ancient Monasteries done by direction of Master SLETCHER His Majestie 's Engineer for the Kingdom of Scotland . All which are to be joined with the Description of Scotland in English . 5. In the Ancient Scotland in Latine are done the Plans of several ancient Camps , the Altars , Sepulchres and other ancient Monuments of the Copper-Plates made for them . 6. There is an Account of the Constitution of the Session , by the Right Worshipful the Lord PITMEDDEN . 7. An Account of the Admiralty-Court , by Sir PATRICK LYON Judge of the said Court of Admiralty . 8. A Manuscript and large Account of the noble and ancient Family of Seton . 9. A full Account of all that is observable in the Town of Aberdeen , given by Mr. SKEEN late Bailie there and delivered to me by Bailie WALTER ROBERTSON . Notes, typically marginal, from the original text Notes for div A60180-e290 Lib. de Aëre , Aquis & Locis . 
A61235	----	Salus populi suprema lex, or, The free thoughts of a well-wisher for a good settlement in a letter to a friend. 1689 Approx. 26 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A61235 Wing S516 ESTC R220613 13623175 ocm 13623175 100853 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61235) Transcribed from: (Early English Books Online ; image set 100853) Images scanned from microfilm: (Early English books, 1641-1700 ; 801:15) Salus populi suprema lex, or, The free thoughts of a well-wisher for a good settlement in a letter to a friend. Stewart, James, Sir, 1635-1713. 8 p. s.n.], [Edinburgh : 1689. Added on t.p. of microfilm copy: By Iames Stewart. Not to be confused with the work by Clement Barksdale appended to his Aurea dicta, 1681. Place of publication from Wing. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Politics and government -- 1689-1745. 2005-05 TCP Assigned for keying and markup 2005-06 Apex CoVantage Keyed and coded from ProQuest page images 2005-07 Mona Logarbo Sampled and proofread 2005-07 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion SALUS POPULI SUPREMA LEX , OR , The Free THOUGHTS of a Well-Wisher , For a good SETTLEMENT . IN A LETTER TO A FRIEND . By Iames Stewart Printed in the Year 1689. SALUS POPULI SUPREMA LEX , OR , The Free Thoughts of a Well-wisher , for a good Settlement , &c. Sir , THe settling of our Government , in this extraordinary meeting of the Estates , is a matter of that importance ; that I cannot but wish I were as able to assist in it , as I am perswaded it is the duty of every man to contribute his best endeavours : And seing it is like to be the grand Question , Whether we should call back the present King , or , at least , in his absence resolve on such a Regency , as may consist with the continuance of his Right ; or rather plainly declare the Thron to be vacant , and supply it after Englands Example . You shall have my Opinion as free from passion , as from particular intrest , which I think is as little as any mans can be . I therefore humbly Conceive , that the Estates may , and ought , to declare the Thron to be vacant , and at the same time supply it , by setting up the Prince and Princess of Orange , after the example of England without variation . And my reason is one , and most evident , and demonstrative , viz. Because the Thron is de facto vacant , as being deserted , and that God from Heaven , presents to us , and the Highest Necessity determines us , to embrace their Highnessess as the only Persons that can , and ought possess it . I know it was the method of England , first to take notice of the King's malversations , and thereupon , and upon his deserting . to find that he had Abdicat , and thereby rendered the Thron Vacant : But , tho' all good Men must perpetually regrate , the King 's Fatal Addiction to the Romish Religion , and the Excesses it hath caused him to commit , and that now undoubtedly is the season to provide against these , and all other Errors in the Government . Yet seing that some may be ready to affirm , that by our late Laws we have too amply impowered , & by our complyance , too manifestly encouraged him in these very courses , to make these his Majesties charge : and that it is more becoming the Respect due to Soveraign Majesty in all events , and likewayes more easie to our old and National kindness to the ancient Race , and Line ; to forbear such direct and extraordinary accusations . ( leaving these to others ) I rather choose , and fix upon the medium of the Kings deserting as that , which in our case is yet more palpable and clear then in that of England , and abundantly conclusive of all I would inferr from it . And that the King hath deserted the Thron , and us , is so apparent from that visible State of Anarchy , under which we have Laboured these months by past : That certainly all Considering men , in place of making it a matter of doubt , do rather Admire , and Praise the good Providence of the Almighty , who hath so graciously kept our peace , and prevented these ruining Mischiefs , to which such a Lawless condition , Joyned to our former intestine Distempers , and Divisions . did exposeus . Our Kings it 's true have of a long time resided in England , Personally absent from us , and some may say , that his going to any other of his Dominions ought not to alter the case : But the Desertion we speak of , being not a simple non-residence , and personal absence , but a manifest abandoning , leaving us far more negligently , then he did England , without all Cause , Care , or Concernment ; cannot be covered with this Pretence . If upon that great , and sudden pressure in England , that moved him to take such surprising measures ; it had pleased his Majesty , to give any account of them , with what orders he might have thought necessary , to his Privy-Council in this Kingdom ; something might be alledged to colour the Dereliction : But when nothing of this Nature was done , but the Government quite given up , in our greatest exigence , to the Conviction and Amazement of his own Privy Council , and all his Officers ; who only encreased the common consternation , by following their Master's example , the thing is but too certain . And therefore I shall only sum up its evidence with these two remarks . First , that the King 's leaving us , as he did , in his , and our then circumstances , is so unaccountable in all other reasonings ; that it seems plainly to say , that it was his Majestie 's good mind toward us , that we should follow England's fate , whatever it should prove . And next , that there appears so much of the Divine Soveraignty , over-ruling the King in the course he took in his departure ; that it cannot but intimat to all Serious Observers , that thereby God thought good , to prepare the way for the happy choice , that he now presents . If then the King hath deserted the Kingdom , and its Government , the Thron is necessarly vacant : And if the Thron be vacant , nothing can hinder to Declare it to be so , unless Men do prefer Confusion , and Ruin to order and Safety . But because the Oaths of Allegiance , and Test , with other Engagements , seem to many , to be still binding ; I shall resume the matter more particularly , in order to their Liberation and Relief . And therefore must , and do affirm from the most obvious evidence of things , that the Desertion we ly under is not only total , and absolute ; but withall so causless or rather pretenceless , beyond the case of England , without the least shaddow of constraint , or reason ; that a more notable and clear breach of the Fundamental Contract , whereon all Government , as well as ours , Subsists , can hardly be imagined . I cannot here digress , to prove the Beeing , and Nature , of this fundamental contract : All Men of Sense , do easily apprehend , that Government is a matter of Trust , and not of property or absolute Dominion ; and that , tho' the ordinance in it self , as also that of Marriage , be of God , yet the establishing of it in this or that form , and upon this or that Person , and Familie , is , after the parallel of the same Example , of mans free choice and agreement : It being Impossible to Imagine , how either the Hostility of conquest should terminat , or the vain old World pretence of Paternal power , the presumptive force of Prescription , or the true and genuine vertue of a Surrender , take place to introduce Government , without the supposition of this mutual Consent , and Contract , either implyed , or expressed . And thus indeed , it is , and no other wayes , that the Powers which in the first Sense , and in the Abstract are by the Apostle Paul truely said , to be of God ; are yet in the second Sence , and in the Concret , Justly called , by the Apostle Peter , the Ordinances of Man. We have too long been inured , by Men of Corrupt Designs , and practices , to a certain false Cant , that the King holds his Crown immediatly from God Almighty alone . But now , Blessed be God , all Men not wilfully blind , do see , and the very Authors of this Language , begin to confess , that it is otherways ; and that Government is founded in Consent , and truely and only best bound by this Fundamental Contract . Whereof the Essentials viz. That a King should rule , and Protect , and the People Obey , and Submit , in Righteousness , for the Glory of God , and the good of the Common-wealth , need no Record , more then the Necessary duties of Man and Wife in the Contract of Marriage , as being in both cases inseperable from the very Beeing of the Ordinances . And for the Naturals and Accidentals , as Lawyers speak , of this Contract of Government , they may be seen , and read , in the perpetual consuetude , and other Laws of the Kingdom ; and are all confirmed by the mutual Stipulations , Promises , and Oaths customary , specially at Coronations , betwixt King and People . Our King then , as all others , being King by Contract , acknowledged by his accepting of the Government , and requiring of us the Oaths of Allegiance , and other engagements ; which express our part of the contract , and no less necessarly suppose his : It is evident as the meridian light , that if he either Renounce , Abdicate , or totaly Desert , he wholly breaks his part , dissolves the Contract , and looses us , from our part , and all the promises , Oaths , and Tests by which we can be thereto bound . The compact of Marriage is certainly the most Divine , and binding , known amongst men ; and here God is said to joine , and in such a manner , that neither of the Parties tho most free Contracters , and both consenting , may separate without his warrand : Yet if one of the Parties , specially the unbelieving , depart the Apostle pronounces distinctly from the Nature of the Contract , and Gods mind in its institution , let him depart the other partie is not in Bondage in such a case , either to his conjugal promise , or to any other Supervenient Oath , that may have interveened ; But is as free from the Law of the Departer , or Deserter , as if he were naturally Dead : If then it be so in the business of Marriage , can any Man hesitat , but it must be much more so in the case of Government ; the tye whereof , in the acknowlegment of all , falls many degrees short of the formers obligation : But so it is that the King hath deserted causelesly , totally , and absolutely , as hath been declared , and therefore in all Law , Reason , and Revelation , the Thron is vacant , and we are loosed from his Law , and all other supposable engagements . But you may say , in the Apostles words , to the same purpose , But God hath called us to peace , and therefore we ought neither to be hasty , nor peremptory , but seing we know his Majesties departure was not his free choice , and that after this little Secession rather then Desertion , he purposes to return , as he hath signified by his letters , we ought to wait for him ; and not so lightly throw off our Allegiance , to which we are by Nature , and Religion , so strictly bound . I answer , that what ever was the manner of the Kings departure from England , yet , as to us , it was a free choice , which hapening in such a juncture , and exposing us so dangerously to all the miseries of a Dissolution , is really Irreparable : specially seing that by the same default of his , res non est integra . But the Kingdom being oblidged by the most binding Law , to wit , Salus Populi Suprema Lex esto , and the most cogent necessity of self preservation , to fly and betake it self to his Highness Heavens-sent Protection ; it is impossible for us to retreat from it , without a most ungrate perfidie toward the Prince , and Damnable folly toward our selves , in rendring the whole Kingdom obnoxious to a greater Forfeiture , than can be secured against , by any offered Pardon and Indemnity , in our present circumstances . Admitting then , that his Majestie purposes to return ; yet I say he must excuse us , since his offer is too late . But more especially because , as all good Men hear , and understand with regrate , he makes the offer by his Letters , in such a manner , as promises nothing , save a threatning Invasion of perfidious and cruel French and Irish Papists , to destroy our Religion , and make Britain a field of Blood , and an utter Desolation . Wherefore I must conclude , by way of Retortion , that seing both God , and the King , have loos'd us from our Allegiance , by his Majesties Desertion , as hath been proved ; and God , as you say , doth also call us unto peace : we should undoubtedly shew our selves , the most nottorious contemners of this sweet and Heavenly call , if after so great a deliverance , we should again bring back the King , with such a sevenfold worse attendance and thereby unavoidably render our Last Estate infinitly worse then our First . But you may still urge , why so peremptory , and severe , you resisted , and opposed King CHARLES the first , with Arms , and yet , even in the hottest of the Warr , when you entered into a League and Covenant for its more effectual prosecution , you reserved his Majesties Soveraignity , and just Rights . Why then should the Kings simple departure , be now accounted worse , to inferr a Dissolution , and justify a Rejection , than what was reckoned in his Father to be a Hostile Invasion . It 's answered , not to touch upon any invidious comparison of their Persons , nor yet upon his Majesties woful defection from the true Protestant Religion , whereby he hath too visibly brought on himself , the curse that his Grand-father did , in this case leave , and entail on his posterity , I say , the Kings Desertion doth inferr a Dissolution , and warrand a Rejection , albeit his Fathers supposed Invasion was not carried that length ; Because our warrs with the Father were but an incident unhappy quarrel , amongst our selves , as well as with our King ; wherein , as it could not be said , that he had Deserted the Kingdom , or yet hostilly invaded it , by a Foraigne Force ; so we had all reason to reserve his Soveraignity and just Rights , in the probable prospect , of a good Composure , and Peace . Whereas our present Kings Desertion is not only Causeless , Total , and Absolute , leaving the Thron vacant , to the evidence of every Mans sense ; beyond all control , or excuse of reason , in the same manner as if he had been removed by Death , but in the just construction of Law , it imports such a voluntary Dereliction , as frees us from our former Allegiance , and layes on us an Indispensible Obligation of providing for a new Establishment . Si Rex enim Imperium abdicavit , aut manifeste habet pro. Derelicto , says Grotius , in eum post id tempus , omnia licent quae in Privatum . Having thus cleared the Nature and Import of the Kings Desertion , and that the Thron being de Facto Derelinquished , we are in the same manner loosed from the Law , and Oaths of our Allegiance , as if he were Naturally dead , and his Race extinguished ; specially when we cannot now think of his Return , had his Reign been ten times more justifieable , without the Horrour of all the fatal consequences of Blood , Confusion and Desolation ; it is evident that for the Estates to declare the thing as it is , and to proceed to a new and necessary settlement , is not attended with the least difficulty . And therefore I go on to the second point viz. That in this state of things , the Estates of the Kingdom ought to supply the vacancy of the Thron , by setting up their Highnesses the Prince and Princess of Orange , after England's example without variation . And the Reason I gave for it , was because , that God from Heaven presents them to us , and the highest necessity determines us to acquiesce in his good pleasure . And that God presents them , if there be any voice or language , in his providences , as certainly there is , it amounts in our case to a manifest Declaration . When after King Solomons death , the Lord so ordered the matter in the Treaty betwixt Rehoboam , and the People , that by his imprudent Answer , he provock'd the ten Tribes to Reject him ; the Lord , by a Prophet , commands Judah to sit still , and desist from fighting , for , says he , the thing is from me . Can any Man then doubt , that in the concurrence of the many signal providences ( more remarkable both for Number , and Weight , then can be instanced from all our Histories ) which at present surround us to shew us the way , the Persons , whom God thus designs , ought to be Chosen and Embraced . It was an Inspiration from God , that moved his Highness , and all the Protestant Princes in Germany to resent so cordially the Distress of the Protestant interest abroad , and it's Danger here with us . It was also another effect of the same Divine Influence ; that excited his Highness raising up the Righteous Man from the East , and prevailed upon the Cautious and Warry Estates of the united Provinces , to set about so great , and incredible an undertaking , wherein a Man may justly doubt , whether the vastness of the expence , the hazard of the Seas , season , and tempests , or the Preparations and Forces of the Adversary , were more discouraging . But that God , should have so happily conducted thorow all these difficulties ; turned , almost as one Man , the Hearts of all the People of Britain ; and caused all the feared opposition to melt away , as Snow before the Sun , so that his Highness was without Battel , brought to London only with Joy & Triumph . This , This is the Lord 's doing and it is marvellous in our eyes ! Nor are the succeeding passages of his work , tho' not of so great a Lustre , of less significancy and moment , as to our present purpose : That his Majesty left England once and again so obstinatly ; neglected and ●●rgot Scotland totally ; made the French King , that Enemy of God , and Man , his only refuge , and set up all his remaining hopes on Tyrconnel and his Irish Papists ; that the meeting of the Estates in England , did so readily and unanimously settle the Soveraignity upon their Highnesses . And lastly that our Country-men , going to London , with such different Interests , and Designs , should yet have carried along with them , so much of the Spirit and Sense of the Nation , as to agree , almost as one Man , to address to his Highness , to take on him the Government and call the present Convention : All these , I say , laid together and recommending none other to us , then the very next in blood to the King that hath forsaken us , must , after the vacancy of the Thron above demonstrate , appear to every one , that regards the work of the Lord , and considers the operation of his Hands , to be nothing less then so many Lines from Gods Soveraign Power , and Wisdom , concentring to point out their Highnesses as the only Persons that ought and can possess it . I Grant for all that hath been said , that providences of whatsoever kind and number are no Rule of Duty ; nor do I here pretend to adduce them as such ; but it being already cleared , that thorow the Kings Desertion , the Thron is vacant , the Government dissolved , and the Kingdom brought under the necessity of a new Establishment ; I can hardly believe that any will be found so Refractory , as not to acknowledge , that such leading and perswasive Providences , are the best Designations of the Persons on whom we ought to fix . Yet , lest such there may be , I shall farther consider the last part of the Argument , and that is , That even the highest necessity determines us to follow England's Example in this Affair , without variation . And this , I think may easily be Illustrat , as well from the Inconveniences , and Mischiefs on the one hand , if we divide : as from the Advantages on the other , if we joine intirely with them . And for the Inconveniences , the long and bloody Troubles , and Calamities , that this Kingdom suffered in its divided Estate from England , are yet too fresh in mens Remembrance , to suffer any to desire a relapse into it , unless it may be in this only prospect , that , according to the great change hapned in our Circumstance , some may thereby now hope , for a speedy Conquest , as in any terms more desireable , than our best separat condition . The Conjunction of the two Kingdoms , under King JAMES the sixth , was a Blessing so long lookt for , and acceptable , that when he applyed to it , that saying , Quos Deus conjunxit nemo separet , he but spoke the true sense , and wish of both Nations : shall we then , when things are so much altered to the worse , be so unhappy as to aim at this unluckie separation ? specially when it is most certain and visible , that the least apparent difference , betwixt England and us , at this time , would be a great encouragement to Enemies & discouragment to Friends , particularly our distressed Brethren in Ireland : And that if we do not directly call back the King ( whereof I am sure the inevitable Evils above represented do raise in every honest man an extreme horror ) We can take no other course distinct from that of England , without laying our selves open to all their dangers , with very small assurance of their assistance . I know the boiling of our Scots blood , upon a little stirring of the old Emulation , industriously practised by Papists , and such as affect them , may readily throw up , What ? are not we a free Kingdom , and much more ancient than that of England ? Why should we then be tyed to their Measures ? specially to reject totally our King , Who , as to us , in respect of the English , is , as it were , of our Blood and Kindred . But first , after the recalling of the King , which is indeed the Point that all the Promoters of this humour aim at , there is no mids betwixt it , and an absolute rejection , that is not attended with most deterring Circumstances , as hath been already declared . Next , what doth all this vain talk signify ? doth it add any thing to our strength , for preventing , or resisting , the abovementioned Inconveniences , which is the point that all Sober men ought mostly to heed ; or is it not rather just like unto the Thistles Elevation , in King Joash his Parable , which after it had compared it self to the Cedar , was trode down by a wild Beast that passed by , which infallibly would be our fate , in attending to such empty Counsels . Whereas on the other hand , if we go along , and hold with England in this Re-establishment , we have God to be our Guide and Leader , as hath been shewed , and in the next place we may be assured , that as we are already threatned by the same hazard , and also rather more exposed to them , then they , so the holding the same course with them will always procure us ready , and effectual assistance ; greatly animat all our Well-wishers , specially our Brethren in Ireland , and prove a happy Introduction to the long desired Union of both Kingdoms , which last motive of a good and perpetual Union , is of itself sufficient , to all Considering men , to preponderat all can be said on this head : it being indeed the only thing wanting to compleat the happiness , and security of both Kingdoms ; and that which seems reserved to the Prince of ORANGE , as the man of God's right hand , able to surmount , and adjust all the difficulties of so great a Work , and worthy to bear its Glory . Thus you have my opinion , and the Lord give all Concerned a true , and right understanding . If bare Infidelity or Difference in Religion were here adduced as causes , to make void the King's Title and Authority ; the Westminster confession ( tho' well enough cautioned , by the qualities of Just and Legal to exempt us from the late imposings ) might yet occasion some to scruple : or if Malversations were the only ground , these might , as I have said , make the enquiry more uneasie , and the conclusion less unquestionable . But when the King himself hath loos'd us , by such a manifest , and irreparable Desertion : And God from Heaven points out to us so Desireable and Excellent a choice . And Lastly when the most powerful necessity of the Preservation of all that can be dear to us , oblidges us to imbrace it : What can possibly demurr true Protestants , and rational Men , to agree to it . Neither ought we to be alarmed at the Backwardness , and Refractoriness of some whose ill consciences of their former oppressions and violences , may desperatly drive them to a more avowed opposition . Since beside that it must be in it self contemptible , nothing can more effectually defeat it , and all our other vain fears , then our Resolute and Unanimous concluding and adhereing to such a Just , Necessary , and Happy Re-establishment . Adieu . 
A62082	----	The scout of Cockeny St. Serfe, Thomas, Sir, fl. 1668. 1661 Approx. 11 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A62082 Wing S6321C ESTC R220103 99831532 99831532 35995 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62082) Transcribed from: (Early English Books Online ; image set 35995) Images scanned from microfilm: (Early English books, 1641-1700 ; 2046:8) The scout of Cockeny St. Serfe, Thomas, Sir, fl. 1668. 7, [1] p. for the Company of Stationers at Earls-Ferry, [Printed at Cockenay [i.e. Edinburgh] : [ca. 1661]] By Sir Thomas St. Serfe. Caption title. Imprint from colophon; actual place of publication from and date conjectured by Wing. With a final advertisement leaf. Reproduction of the original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Humor -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-11 Aptara Keyed and coded from ProQuest page images 2001-12 TCP Staff (Michigan) Sampled and proofread 2001-12 TCP Staff (Michigan) Text and markup reviewed and edited 2002-01 pfs Batch review (QC) and XML conversion THE SCOUT OF COCKENY . NEptune being puffed up with the flatterers of the Greek and Latine Scriblers that skirts the Hadriatick and Mediterian Sea , had the vanity to swagger in the Ocean , and range about strange Coasts to increase the number of his Poetical Parasits , so with his Fish Knight Errantry , he rushed through the Straits , and turned his snout towards the North , where in half a dayes swiming he reached the Coast of Portugal , without any mischance , except a slender crack in his Lerbord Finn that he got as he passed by the Birling Islands ; This did not at all startle him from his Course to the Artick Pole , but most jocundly held on till he came to the Bay of Biscay , where indeed his Godship was discovered to be Mortall ; for the billowing of these Waves set his watery Stomack a tottering , and if there had not been a quack in the Navy that comforted him with one of Buchursts Pectorall Loranges , he was fair to have gasped his last , with great difficulty he rolled through that raging Gulffe , and no sooner came into smoother Water , but he prickt up his Ears , streacht his Crist , brandished his Triton with as dreadfull and huffing an Aspect as the Ale-house Hectors will tosse notched Belboes in presence of their Countrey Kindred ; in this posture and rate he sneered away , seeeking for the mouth of the Channell , when straight he was discovered by a Welch Man of War , who no sooner came within distance , but our bold Brittish Gallyfoyst conceived by his snotty Beard , that he was a Hollander come from Malago , drunk with Peettersemin , and to chastise his intemperance , because it was not done with Metheglin , he immediately from his Fore castle snuffed a cast of Culverins , which did so smite the aquatick Monster upon the weather Jaw , that he was forced to turn his Tail to that thundering Storm , and by a great Fa●t which was their appointed signe of Retreat , he and the rest of his Briny Mirmidons run towards the Coast of France , where it was the Fortune of his Vice Admiral , that was a Fidler of Flushing mounted on a Mar-maid to spend his Bowspreet upon the Cardinal Islands , and if happly Monsiur de Fonquets Gallies of Bell-Isle had not come to his rescue , the Flegmatick Rodomontado had lost that Musick which makes the Burgamasters Annakies of Amsterdam yawn after Rope Dauncers . From Sunny-side . ONe of our Philosophers Wives according to the custome of the Coast-side Gossips , last night skimmered away to Bourdeux to swill of the new Wine , upon her return she touched at Goree where Opdam lies ; she reports that at her being there , one Doctor Abraham Kesse wrought a speedy Cure on Opdam , both as to his Gout and Flux , the one he stopped with a new discovered Cheese made of Geese Milk , the other he disolved with a Cataplasm composed of Fish Guts : But the Physitian had but a slender reward for not prolonging the Cure , there being now no shift left to shelter his shamefastnesse at Sea : In the mean time , this cloven Mercury hath brought a shrewd jealousie upon her self , for making all that Voyage in 24. hours , and it 's without all peradventure to be expected the first Oyster Boat that 's cast away , but her Winding-sheet will be converted into a Tar Barrell , else the world is much mistaken of the discretion of their Justice of Peace . From Lochquaber . THere is a Norway Adventurer come here to Innerlochy loadened with Figs and Frontiniack , and which is strange , of the Countreys natural growth , and all this is produced from the industry of their Accademicks ; the place that yeelds these Fruits is the valeys of Stravangle , and they say they cultivat the ground with no other dung but that of Solin Geese , and Italian Becca Ficki , which by a wonderfull Artifice , a little mixed with a Charme they bring upon the place , and very orderly each first Munday of the Month they squat according to their Tribes in the parts appointed by the Surveyer of the Plantation . From Tinto-tope . THe Deputies appointed by the Mineral Committee of Virtuosi in this place are returned from Braids Craigs , and Bennichi , they have found as much Gold in the one as will make a Pick-tooth to the King of Fairy , and as much Silver in the other as will make a Thimble to his Queen ; they were very painful in their sinking search , and they conclude by many pregnant symptomes that there is both Gold and Silver , but before they can arrive at the right Vain , they must dig within 13. Inches of the Antipods , which will scarcely be enterpized , unlesse persons of publick Spirits will advance money to defray the expense of Materials . Buck-haven . ONe of our second rate Adventurers is safely arrived from the Straits , most part of her Loadening is of the new sort of Hooks made of Venice Glasse , except some Furres for lynning our Aldermens Bulfangers . All the Newes that was Currant on the Realto at Venice , was a great report of a Water Combat twixt the Bottle Beer Barge above London Bridge and the Bucentaure ; If it be upon a Shrove Tuesday about four in the evening , and the Thames bottome manned by Prentises , and Governed by Dray-men , the Magnificoes and Pantolonies will be at a damned losse , and they will sooner make Bowling-greens of the Dardanelloes than gain any thing by that Bargain . From Prestoun-Pans . YOu have here an Extract of a Letter from our Oyster Consul at Zurex Sea , viz. that after the HogginMoggin had sleept sufficiently after a plentifull Carrouse , their prudentials led them to this Cautious result ( that their Navy till the Summer shall be disposed into several Harbours , but such places as are in a capacity to Steel their white Livered soules with Aqua-Fortis and GunPouder , in order to which Reer Admiral Bublikins is come to this place , his Squadron are as followeth ; The Pontius Pilate of Amsterdam , the Simon Magus of Dort , the Soutterkin of Skeulin , the Mareswin of Middelburgh , the Flunder of Flushing , the Cabaleu of Camphire , the Haddock of Harlem , the Lobster of Leydan , the Goliah of Gorkum , the Whale of Workum , the Buttered Eggs of Egmont , the Salt Eale of Enchusen , the Punck of Putta , the Skaite of Skeedam , the Oyster of Oyster-Capell , the Whyttin of Wester-Capell , the Mackerell of Mastensleuse , the Geck of Gorre , the Grains of Brewers Haven , the Stock-Fish of Halvert Sluce , the Bread and Cheese of Beverweek , the Butter of Bonkes-slote , the Haire-groat of Horne , the Beens and Bacon of Broad-wood . A fire Ship called the Brandy of the Brill , two Pinks , the Elder and Younger Cutts built of Rotterdam and Skarlaw ; this is the true number of Bublikins Fleet , his Historingrapher who is a redoubted Classick Poet in Holland , under the name of Iacob-Vander-Hogge , gave the names to all this Spungy Gallantry , for which he was rewarded with two Barrels of pickled Herring to entertain his Wife who was a Cast-away Bloom-berry Hackney ; yet the Jade has turned so fruitfull there , that she frequently brings forth Litters of Souterkins . It s much to be feared that the heat of an English Broad-side will make this wretched Generation of pickled Pilchers dissolve like Anchoves upon a Choffin-dish . Killimure . THe Provests Daughter of this place hath been labouring this two years of a most consuming Green-sicknesse , but now She is most miraculously cured by the Pyper of Clovo ; for with half a dozen of Bends of a drink stoured upon Straw , he hath restored Her both to Stomack and Complexion : This same Instrumentall Virtuoso is largely as well known in the Mathematicks , as in Medicine ; for with the Drone of his Pype , he makes greater discoveries in the Moon , then Sir Sydrafall doth with his Telescope : for those who tryed it , saith , they not only discover Hills , Woods , and Rivers , but Towns and Castles , and those fortified in the Modish manner , with Bastions Ravellings , half Moons , Counterscarps , and Hornworks , and Steeples with Sun-Dials : Al Italiano in point of Physick , he operateth much by Glisters without any other conveyance but his Towl . Advertisements . THere is strayed out of Inch-keeth a Turky Cock thirty Inches high with Vervails of Purc-leen , bearing the Armes of Prester Iohn ; who ever brings notice to Iohn Purdie Oyster Dregger in Rotton-raw , shall have three skelps with a Skait Rump till he skyt Dumplings like green Geese in May. The History of Cyprus , by Don Pantalion Priapontado , with a Commentary of Peter Aretins upon the Oecominy of the Queens Family . The Leep Frog , a merry Play , composed by Visiguncus Revell Warden of the Grand Signiors Mal Retiro . If any person be so foolish as to think there is nothing contained in this Gazet , or so serious , that there 's something he may be mistaken in both ; however , if any can find out the right Key , our Worshipfull Senat of Cockeney does promise to recommend him as a qualified Wit , to be AEnigmatical Professor in any of the new established Seminaries for strange Discoveries . Printed at Cockenay for the Company of Stationers at Earls-Ferry . 
A60373	----	Theatrum Scotiæ containing the prospects of Their Majesties castles and palaces : together with those of the most considerable towns and colleges, the ruins of many ancient abbeys, churches, monasteries and convents, within the said kingdom : all curiously engraven on copper plates, with a short description of each place / by John Slezer ... Slezer, John, d. 1714. 1693 Approx. 114 KB of XML-encoded text transcribed from 99 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2006-06 (EEBO-TCP Phase 1). A60373 Wing S3993 ESTC R19602 12442681 ocm 12442681 62127 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60373) Transcribed from: (Early English Books Online ; image set 62127) Images scanned from microfilm: (Early English books, 1641-1700 ; 948:7) Theatrum Scotiæ containing the prospects of Their Majesties castles and palaces : together with those of the most considerable towns and colleges, the ruins of many ancient abbeys, churches, monasteries and convents, within the said kingdom : all curiously engraven on copper plates, with a short description of each place / by John Slezer ... Slezer, John, d. 1714. Sibbald, Robert, Sir, 1641-1722. Trenchard, John, Sir, 1640-1695. [10], 65, [2] p., [114] p. of plates : ill. Printed by John Leake for Abell Swalle ..., London : 1693. Reproduction of original in Huntington Library. Proclamation at beginning of work signed: J. Trenchard. The descriptions drawn up by Sir R. Sibbald were intended to be published in Latin, but were inaccurately translated into English without leave or acknowledgement of the author. Table of contents: p. [9] Errata: p. 65. Engraved on double plates. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Description and travel -- Early works to 1800. 2005-06 TCP Assigned for keying and markup 2006-01 SPi Global Keyed and coded from ProQuest page images 2006-03 Judith Siefring Sampled and proofread 2006-03 Judith Siefring Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion THEATRUM SCOTIAE . CONTAINING THE PROSPECTS Of Their MAJESTIES CASTLES and PALACES : Together with those of the most considerable TOWNS and COLLEGES ; The RUINS of many Ancient Abbeys , Churches , Monasteries and Convents , Within the said KINGDOM . All Curiously Engraven on COPPER PLATES . With a SHORT DESCRIPTION Of each PLACE . IN DEFENCE NEMO ME IMPUNE LACESSET By JOHN SLEZER , Captain of the Artillery Company , and Surveyor of Their MAJESTIES Stores and Magazines in the Kingdom of SCOTLAND . LONDON , Printed by John Leake for ABELL SWALLE , at the Vnicorn at the West-End of St. Paul's Church-Yard , MDCXCIII . MARIE R. WILLIAM and MARY by the Grace of God , King and Queen of England , Scotland , France and Ireland , Defenders of the Faith , &c. To all our Loving Subjects , of what Degree , Condition and Quality soever , within Our Kingdoms and Dominions , Greeting . Whereas Our Trusty and Well-beloved John Slezer , Gent. hath represented unto Us , That he hath been at considerable Charge , and great Pains in finishing the First Volume of a Book , Entituled Theatrum Scotiae ; and that he intends to Publish Two other Volumes upon the same Subject , and hath humbly besought Us , That in Consideration of the great Charge he will be at in perfecting the same , We would be pleased to Grant him Our Royal License for the sole Printing and Publishing the said Book , wherein We are pleased to Gratifie him ; We do therefore hereby , Grant unto him the said John Slezer , Our Royal License for the sole Printing and Publishing the said Three Volumes of the said Book , Entituled Theatrum Scotiae , or any of them , and do strictly Charge , Prohibit and Forbid all Our Subjects to Reprint within Our Kingdoms the said Books , or any of them , or any Abridgment , or any part of any of them , or to Import , Buy , Vend , Utter or Distribute any Copies or Exemplaries of the same , or any Part thereof Reprinted beyond the Seas , for the Term of Fourteen Years next Ensuing the Publishing hereof , without the Consent and Approbation of the said John Slezer , his Heirs , Executors or Assigns , as they and every of them so Offending will answer the contrary , not only by the Forfeiture of the said Books , Copies or Exemplaries , but at their utmost Peril , whereof as well the Wardens and Company of STATIONERS of Our City of London , as all and singular Our Officers of the Customs in this Port of London , or any other Place within Our Dominions , and all other Officers and Ministers whom it may concern , are to take particular Notice , That due Observance be given to this Our Royal Command . Given at Our Court at White-Hall , the 6th . Day of June , 1693. In the Fifth Year of Our Reign . By Her MAJESTY's Command . J. TRENCHARD . TO THE KING and QUEEN . May it please Your MAJESTIES , THE Kingdom of SCOTLAND , containing so many great and remarkable Monuments of Antiquity , and nothing of this Nature being yet Published , I do , in all humility , present this short Account of so many considerable Places , to Your Majesties most gracious View . May God Almighty grant unto Your Majesties a long and prosperous Reign over This and Your Other Dominions , and that Your Majesties will vouchfafe Your Royal Pardon for the boldness of this Dedication , is the humble Petition of Your MAJESTIES Most Loyal and Obedient Subject and Servant , JOHN SLEZER . TO THE READER . IT 's a Matter worthy of ones enquiry , how a Nation , as SCOTLAND , so much addicted to Military Arts , and so constantly ingaged in both Foreign and Domestick Wars , should have been in a Capacity to erect such superb Edifices as that Kingdom abounds with . There is no Country in Europe that can brag either of greater Piles of Buildings , or a more regular Architecture in its Ancient Churches and Religious Fabricks , than Scotland was Mistress of about an Age or Two ago . To instance One for all , the Metropolitan Church of St. Andrews was probably the bigest in Christendom , being Seven Foot longer and Two Foot broader than that of St. Peter at Rome ; and for the Heighth and Embellishing of its Pillars and Roof , the Beauty of its Stones , and Simetry of its parts , was one of the best of the Gothick kind in the World. READER , You may receive this Impartial Account from me as a Foreigner , who am now settled in this Nation ; and having met with the usual Civility and Kindness Strangers are treated with amongst them , it is no wonder if I am tempted to leave some little Marks of Gratitude behind me , in transmitting to Posterity those Venerable Remains of former Ages , and oblige other Nations with the Prospects of so many considerable Places ; which I presume will be very acceptable to them . It is a Work of so great Charge , and will require so many Volumes , that I cannot satisfy the Publick but from Time to Time in it . And according to the Reception these first Endeavours shall meet with , it will encourage me to go on with the rest . In the mean time , I hope no Person will take Exceptions , though the Towns , and such of the Nobility , whose Arms are here inserted , are not always placed conform to the Rank they keep in Parliament ; it being a Thing which cannot be adjusted in a Work of this Nature till the whole Design is compleated . THE CONTENTS . Particular Dedications . The Prospects of Plates marked Number DUke of Hamilton . Edinburgh . 1 , 2. Duke of Lennox . Dumbritton . 3 , 4 , 5. Earl of Marr. Stirling . 6 , 7 , 8. Earl of Linlithgow . Linlithgow . 9 , 10. Viscount of Falkland . Falkland . 11 , 12. Lord Secretary Johnston . St. Andrews . 13 , 14 , 15. Viscount of Stairs . Glasgow . 16 , 17 , 18. Earl of Aberdene . Aberdene . 19 , 20. Earl of Tweddale . Haddington . 21 , 22. Marquess of Montross . Montross . 23. Marquess of Atholl . Dunkell . 24 , 25. Marquess of Caermarthen . Dumblane . 26 , 27. Earl of Arran . Hamilton . 28. Lord Secretary Stairs . Aire . 29 , 30. Earl Marshal . Dunotter . 31. Earl of Errol . Drybrugh . 32 , 33. Lord Stranaiver . Invernesse . 34. Viscount of Stormont . Scoon . 35. Earl of Elgin . Elgin . 36 , 37. Earl of Strathmore . Dundee . 38 , 39. Earl of Southesk . Aberbrothock . 40 , 41. Earl of Cassillis . Corsregal . 42. Viscount of Tarbat . Channerie . 43. Viscount of Strathallan . Perth . 44. Earl of Levin . Dumfermelin . 45 , 46. Earl of Kincardin . Culrosse . 47 , 48. Earl of Roxburgh . Kelso . 49 , 50. Earl of Farfor . Bothwell . 51. Earl of Haddington . Melrosse . 52. Earl of Panmure . Brechen . 53. Earl of Cathnesse . Roslin . 54. Earl of Dundonald . Pasley . 55.   The Basse . 56 , 57. Theatrum SCOTIAE . To His Grace WILLIAM Duke of Hamilton , Marquess of Cliddesdale , Earl of Arran and Lannerick , Lord Aven , Machlanshire and Pomont , &c. Lord High Commissioner for the Kingdom of Scotland , President of their Majesties Most Honourable Privy Council ; and Knight of the Most Noble Order of the Garter , &c. EDINBURGH . EDINBVRGH is situated in Mid-Lothian , a Shire of Scotland . It is the Chief City of the Kingdom , and Royal Seat. It far surpasseth all the other Cities of the Kingdom in the Stateliness of its Churches , the Beauty and Neatness of its publick and private Buildings , the Pleasantness of its Site , the Largeness of its Precincts , the Number and Opulency of its Inhabitants , and Dignity of its Rulers . By the most ancient Inhabitants it was called Dun Eden ; by the Latins , Edinodunum , and by the Germans , Edinburghen ; all which signifie the same thing . Dun Eden signifies a Town upon a Hill , or rather a City of the Edeni , situated on a Hill. The Edeni are those who by Ptolemy are termed Ottodeni , which Word ( as some Learned Men think ) was mistaken for Scottodeni , the two first Letters Sc being worn out with Time : For near to this City is Curia Ottodenorum , whose Name remains to this Day in a Village Four Miles West from the City , called Currie : And two Miles West from the Town is Corstopitum ( which also was among the Ottodeni ) which is a Village commonly called Corstorfin . Ptolomy calls this Place 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Castrum alatum , the Winged Castle , which is not so called from that kind of Wings which the Greek Builders ( as says Vitruvius ) call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( which are double Walls so rising to the Height , that they resemble Wings : For it is likely there was no regular building in that Place at that time ) but that they were such as by the Poet Juvenal are called Castella Brigantum ; which sort of Castles we may see described by Tacitus , Annal. Lib. XII . where he says , That upon high Mountains , and other Places of difficult Access , he built up Stones in Form of a Fence , where the River did run on a slippery Ford. Now these Fences of Stone were nothing else , but Stones cast together without Mortar , which is also clear from the same Author in the fore-cited Place , where he says , The Souldiers holding their Bucklers over their Heads for a Defence , pulled down the unwrought and ill-built Stones ; which could not have been so easily done , if they had not been cast together without Mortar . And certainly our Ancestors chose out this as a very fit Place for a Fort of that Nature : For the Hill where the Castle stands is exceeding steep and craggy , and the Ascent very difficult , except where it looks to the East , which Part they fortified with Stones cast together as before . The Ascent on which the City now stands had , and yet hath upon the North-side , a standing Pool , which is commonly called the North-Loch . Upon the South-side of the Hill there was likewise another standing-Pool called the South-Loch : The Verity of which the Rights and Leases of some Houses of St. Ninian's Row , do testifie , which are let with the Privilege of a Boat annexed ; and these two Lochs or Lakes bounded the City upon these two Sides , as the North-Loch does it at this Day upon the North-side ; but the South-Loch was drained a Hundred Years ago , and upon the Banks thereof are built two several Tracts of Houses , between which ( in the Place where the Loch it self stood ) is a Street called the Cowgate . And so the Breadth of the City toward the South , is far extended beyond its former Limits ; as likewise the Length thereof toward the West is much enlarged , for the Grass Market and Horse Market are now within the City-Wall . The Reason why this Place is called Castrum Alatum , or The winged Castle , is to be taken from the very Nature of the Place : For , besides the Lakes on both sides , there are two Hills near the Rock on which the Castle stands , viz. Sarisbury and Neils Craigs , so named from the sometime Owners thereof , which in a manner resemble Wings , as is easily perceived Coming to the City from the South-East by the Sea Side ; for then these Rocks appear like Wings stretched forth , and the Rock on which the Castle stands , like the Head of a Bird with a Tuft . And this is the genuine Derivation of the Word . I know there are some learned Persons who will have Ptolomy's Castrum Alatum , to be in another part of the Country , and not to be Edinodunum , seeing he makes his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to be amongst the Vacomagi ; but Ptolomy must be born with in all his Mistakes of the Situation of Places here ; for being an Egyptian , living in Alexandria , and forced to take things upon Trust , and follow the Relation of others , it is no Wonder if he be sometimes mistaken . The greater Part of the City is built upon the Ascent , and it is very probable that the Castle has been the Cause of Building the City : For first the Neighbours have built a few Houses near the Castle , that under the Reach thereof they might be defended from the Injuries of their Enemies . The Number of the People growing apace , the Number of the Houses likewise encreased , and stretched forth to the very Foot of the Ascent toward the East ; by which the City , together with the Suburbs of the Canon-gate and King's Palace , is become one entire Scotch Mile in length ; but in breadth it is less by the half , notwithstanding the Suburbs be included . The High Street from the Castle to the Abbey is adorned with stately Buildings , which are of late made of hewen Stone , since that by an Act of the Town-Council it hath been prohibited ( for the frequent burnings which happened ) to build any more Timber-Houses either in the City or Suburbs . The great Breadth of the High Street , and of the many Lanes which lie on each side the same , from the North to the South ( which send up the Air as it were in Pipes into the High Street ) and the Nearness of the two Hills called Neils Craigs on the North , and Sarisbury Craigs on the South , do always refresh the Town with Air ; which conduces not a little to the Wholesomeness hereof , and it was never heard that the Plague raged in it , except brought in thither by infected Wares . Which Purity of the Air is daily encreased since the Time that excellent fresh Water was brought into the City from a Fountain three Miles distant from the same , and that by a most wise Act of the Council all Nastiness is removed . The City is enclosed with a kind of an Old Roman Wall on every side , except towards the North , where the North-Loch does secure it instead of a Wall. The City is entered by six Gates or Ports : Two of which are to the East , two to the South , one to the West , and one lately made to the North. One of the Gates to the East is called the Netherbow , which in the Year 1616 , was magnificently rebuilt , being the chief Gate of the City , adorned with Towers on both sides . The other Gate to the East is called the Cowgate Port , through which there is an Entry into the Nether Street , of the length of the whole City , and is called the Cowgate . The Eastmost of these Gates to the South ( through which is an Entry into the City ) is called the Potter-Row Port , from the Suburb called the Potter-Row . The Westmost of these is called the Society Port , properly the Brewer's Port. They have a great square Court in that Place , with Buildings and brave Houses round about it , to the very Walls of the City . The West-Gate at the other End of the City , lying beneath the Castle , affords an Entry from the Suburb of the same Name . The North-Gate , which was last made at the Lower End of the North-Loch , is twofold , the Inner and the Outer Port , through which there is an Entry into the City from the Suburb called the Mutter's Hill. There are two Streets extending the whole length of the Town . The chief Street which is also called the Higher , is one of the broadest in Europe : From it there run many Lanes on both sides . The Nether or Lower Street hath also many Lanes running to the South . In the very middle of the City there is a Cathedral Church , which is called St. Giles's Church , of such Largeness that it is divided into three Churches , every one of which has its own Parish . It is built of hewen Stone , adorned with Pillars and Vaultings of Stone . In the middle it forms a perfect Cross , by four Parts of this Church meeting together , and they support a stately , high Tower , with a Top of curious Workman-ship , representing an Imperial Crown . Beside this Cathedral Church there are in the City , The South-Church , called the Gray-Friars Church , which stands in the middle of the common Burial-place . Many Tombs and Monuments do surround the Church-Yard , amongst which that of Sir George Mackenzy does appear like a Mausolaeum . There is also a Church of square hewen Stone with a Tower built in the Year 1641 , which is called the Trone-Church . The Collegiate-Church of the Sacred Trinity , was built by Mary of Gueldres , King James the second 's Queen , where also she lies interred . Near to this Church is the Hospital of St. Thomas , in which the poorer sort of Inhabitants , both Men and Women , are maintained splendidly enough , and have their own proper Chaplain . Over-against this Church is the Correction-House , commonly called Paul's Work , in which there are divers Manufacturies of Linen , Wooll and Silk , where dissolute Persons are forced to earn their Living with their Labour . The Lady Yester's Church , was built by one of the Lady Yesters , who also left a Summ of Money for maintaining a good and able Man to preach and perform Divine Service therein . Besides these Churches there are two Chapels in the City , that of St. Magdalen's in the Cowgate , and St. Mary's in Nedries Wind. There is another Chapel of the same Name at the Foot of the Cannon-Gate ; as likewise several Meeting-Houses lately built , both in the City and Suburbs . About the middle of the Cannon-Gate , upon the North-side of it , there is built , within these Five Years , a very beautiful Church , and a considerable Piece of Ground inclosed for a Church-Yard , by a Mortification made by Sir Thomas Moodie of Sachten-Hall , for that Purpose . Near unto the Cathedral Church is the Parliament-House , where the three Estates of the Kingdom do convene . It stands in a great Court , the North-side whereof is bounded by the Church it self ; the West-side is inclosed by the Council-House , where the Town-Council assembles ; the South-side is inclosed by the Sessions-House , where the Judges and Lords of Session sit to give Justice to the People . In the upper Part of this Building are the Privy-Council and Exchequer-Chambers . The rest of the South and East-side of this Court , is inclosed with the Upper and Lower Exchange , and with a Tract of most stately Buildings . Here is one of the highest Houses in the World , mounting seven Stories above the Parliament-Court , and being built upon a great Descent of the Hill , the back Part of it is as far below it , so that from the Bottom to the Top , One Stair-Case ascends 14 Stories high . In the middle of the Court is the Statue of King Charles the II. in Brass , erected upon a stately Pedestal , at the Charge of the City of Edinburgh . About Twenty Years ago the said Magistrates were at a vast Expence also to bring one of the best Springs in Scotland into the City , by Leaden Pipes from a Hill above Three Miles distant from it ; and they have erected several stately Fountains in the middle of the High Street , to serve the Town with Water . In Gray's Close near the Netherbow , is the Mint-House , with a large Court , adorned with most neat and convenient Buildings , for Accommodation of the Over-seers and Work-men thereunto belonging . Upon the South-side is the College of King James the VI. founded in the Year 1580 , endowed with all the Privileges of an University . It hath most large Precincts inclosed with Walls and divided into Three Courts , Two Lower and One Higher , which is equal to both the other in Largeness . These Courts or Area's are adorned on all sides with excellent Buildings . There is also a high Tower built over the great Entry . The publick Schools are large . There is likewise a very large Common-Hall , in which Theology and the Hebrew Tongue is taught , and publick Orations made . There is a Library with all Sorts of Books and some Manuscripts . Under the Library is the King's Printing-House . There is very good Accommodation for the Students , and neat and handsome Dwellings for the Professors ; with very fine Gardens for their Recreation . The Castle is situated at the Head of the Town to the West , where the Hill doth rise into a large Top. It is a very 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , for it both hangs over , and commands the Town . The Rock on which the Castle is situated , is upon the South , West and North , inaccessible . The Entry to the Castle is from the Town . The chief Defence on this side is of the round Battery ; at the Foot of which there is a designed Out-work , which is not yet brought to a Condition of Defence , and will add very much to the Strength of it when finished . In the Castle also is a Royal Palace of hewen Stone , where the Regalia of the Kingdom are kept . This Castle is the Chief Magazine for the Arms and Ammunition of the Nation , and hath a most pleasant Prospect to the neighbouring Fields , and to the River of Forth , from whence it is saluted by such Ships of War as come to an Anchor in Leith Road. The Governours of this Fortress since King Charles the II's Restauration , have been , the Earl of Middleton , the Dukes of Lauderdale , Queensbury and Gordon , and since their Sacred Majesties Accession to the Throne of Scotland , the Earl of Levin hath the Chief Command of it . Heriot's Hospital is likewise within the City , Situated to the West of the publick Burial-Place . It is a Nursery for Boys , in which the Citizens Children who are poor , are brought up , under the Tutelage of a Governour , who , according to the Constitution of the Founder , is to live Single . They have likewise a Chaplain to instruct them in the Grounds of Learning , till they be fitted for the publick Schools and Colleges . This Hospital was founded by George Heriot , Jeweller to King James the VI. who was descended of the Family of Trebroun ; and after he had lost two Sons by Shipwrack going from Scotland for London , where dying without Issue , February the 15 th . 1624. he left in Legacy to this Hospital Two Hundred Thousand Pounds Scots Money , that Youth might be maintain'd therein , and instructed in Arts and Sciences till they were of mature Age , having left the City of Edinburgh his Executors . This Fabrick is stately like a Palace , the Statue of the Founder being erected upon the inner Frontispiece . Round about the Houses are most pleasant Gardens adorned with large Walks and pleasant Greens . Without the Walls of the City are the Suburbs , amongst which that which lies from the Netherbow to the Abbey , called the Cannon-gate , hath the Preheminence . It is adorned with goodly Buildings and fine Gardens . Upon the North-side of it is the Tolbooth , where the Bayliffs of the same do convene for the Administration of Justice . On the South-side is a very fine House belonging to the Earl of Murray , with very pleasant Gardens adjoining . At the Lower End of this Suburb is the Abbey of Holyrood-House , founded by King David for the Monks of the Order of St. Augustine . This was consumed by Fire , and the Church only remains , in which divers of our Kings and Queens are interred . The Royal Palace hath four Courts . The Outer Court , which is as big as all the rest , hath four Principal Entries ( besides several Inlets into the adjacent Gardens ) three of which are on the West , and the other on the East-side . The Entry of the Palace is adorned with great Pillars of hewen Stone , and a fine Cupola in Fashion of a Crown above it . The Forepart of the Palace is terminated by four high Towers , Two of which toward the North were erected by King James the V. and the rest by King Charles the II. The Fabrick of the Inner-Court is very stately , with Piazza's round about it , all of fine hewen Stone . From these covered Walks you have Access to the several Apartments which are most Royal and Magnificent . But above all the long Gallery is remarkable , being adorn'd with the Pictures of all the Kings of Scotland from Fergus I. The Palace on all Hands is bounded with lovely Gardens . On the South lies the King's Park , which hath great Variety of medicinal Plants . Here also is an admirable Fountain , which through Conduits serves the whole House . His Grace the Duke of Hamilton is hereditary Keeper of this Palace . ARCTURI JONSTONI , Carmen in EDINBURGUM . COminus ut spectet superos coeloque fruatur , Montis in acclivi surgit Edina jugo . Ancillatricem Cererem Nymphas que ministras Et Vectigalem despicit inde Thetin . Hic ubi nascentis se pandunt lumina Phoebi , Sede sub Arcturi regia tecta vides . Solis ad occasum surgens arx imminens urbi ; Haec habet Arctoi tela tremenda Jovis . Adspicis in medio Templum , decus Vrbis & Orbis : Hac pietas stabilem fixit in aede larem . Cuncta nitent intus : Regalis more Coronae Plexilis aurato marmore lucet apex . Virginis Astraea domus est contermina Templo , Digna Polycleti , Praxitelisque manu . Tecta colunt cives solis heroibus apta . Nullius illa minas , nullius arma timet . Albula Romuleam Venetam mare territat Vrbem , Quas regit undarum ridet Edina minas . Crede mihi , nusquam vel sceptris aptior urbs est , Vel rerum Domina dignior Orbe locus . De EDINBURGO , JOHANNIS JONSTONI Carmen . MOnte sub acclivi Zephyri procurrit in auras : Hinc arx celsa , illinc Regia clara nitet . Inter utramque patet sublimibus ardua tectis Vrbs armis , animis clara , frequensque viris . Nobile Scotorum caput , & pars maxima regni , Pene etiam gentis integra regna suae . Rarae artes & opes , quod mens optaverit , aut hic Invenias , aut non Scotia tota dabit . Compositum hic populum videas sanctumque senatum Sanctaque cum puro lumine jura Dei. An quisquam Arctoi extremo in limite mundi Aut haec , aut paria his cernere posse putet ? Dic , Hospes , postquam externas lustraveris oras , Haec cernens oculis credis an ipse tuis ? To His Grace CHARLES Duke of Lennox and Richmond , Duke and Peer of France , Earl of Darnley and March ; Baron of Torbolton and Settrington , Knight of the Most Noble Order of the Garter , &c. DUNBRITTON . DVMBARTON or Dunbritton , is a Town in the Sheriffdom of Lennox , which Beda calls Allclyth , others Allcluith . It has its Name from Dun , which in our ancient Language signifies a Hill or Rock , and Bar which in the same Language signifies the Top or Height of any Thing . The Town is situate in a Plain on the Bank of the River Levin , near the Place where it enters into Clyde , a little below the Castle , which is excellently fortified by Nature , owing little to Art ; and seems to have been built by the Ancient Brigantes . This Town had its Privileges procured to it by One of the Countesses of Lennox . The Castle hath a strange kind of Situation ; for where the Waters of Clyde and Levin meet , there 's a Plain extended to the length of a Mile at the Foot of the neighbouring Hills : And in the very Corner of this Meeting there rises a Rock with two Tops , the higher of which looks to the West , with a Watch-Tower on the Top of it , having a large Prospect on all Sides . The other being a little lower lies to the East . Betwixt these two Tops are Steps hewen out of the Rock with great Pains and Labour , which yield Passage only to one Person at a Time , to the upper Part of the Castle . To the South where Clyde runs by the Rock which is naturally steep , it hath a little Descent , and as it were with out-stretcht Arms embraces the plain Ground ; which partly by Nature and partly by Art is so enclosed , that it furnishes Room for several Houses and a Garden . It secures the Harbour by its Ordnance , and obliges the smaller Boats to come up almost to the very Gate of the Castle , the Chanal of the River running on that Side . The middle of the Rock where the Entry to the Castle is , being built up with Houses , makes as it were another Castle distinct from the former . This Castle , as appears by its Prospects , does almost stand like a Sugar-loaf upon a plain Ground . The Circumference of it is but very small , and yet it hath at the Top a little kind of a Lake and several other Springs . Besides the natural Fortification , it is bounded on the West by the Water of Levin , and on the South by Clyde , which are to it instead of Ditches . To the East , the Sea at a full Tide beats against the Foot of the Rock ; and when it ebbs it does not leave a Plain of Sand , but of a soft Clay , which is divided by a Rivulet that runs down from the neighbouring Hills . To the Right Honourable JOHN Earl of Marr , Lord Areskin and Garioch , &c. Hereditary Governour of STIRLING . STIRLING . STIRLING is the Chief Town of the Shire of that Name , where the Sheriff keeps his Courts . It hath its Name from its Situation ; for the Town stands upon the Descent of a steep Rock , at the Foot of which there runs a deep River call'd Boderia or Forth . It takes its Name from the Saxon Word Ster , which signifies a Hill , and Lin a Water . It was of old called Binobara , which by some is judged to be Ptolomy's Vindovara : For Bin in our old Language signifies a Hill , and Vara a River : So that the Name which the Town now retains , is the Signification of the old Name thereof . At the Head of the Town stands a well fortified Castle , adorned with stately Buildings in the former Age , by King James the V. This is the Place , as Tacitus observes , where Clyde and Forth being carried back divide from one another . For a great way they are separated by a small Neck of Land , which was then strengthned by a Garrison ; and all that Isthmus was possessed by Soldiers , the Enemies being removed as it were into another Island , the Inscription on a Stone below the Castle toward the Bridge , which makes mention of a Wing of the Army that kept Watch there , seeming to intimate as much : And although the Romans did several times infest some Places beyond it by their Inroads , yet the Strength and Glory of the Roman Name had its Bound in this Place . The King's Park lies at the very Foot of the Castle , and the City stands on the Back of a Hill toward the South . It is enclosed with a Wall , and toward the North , it is bounded with the River Forth , which crossed by a Bridge in that Place . The Bridge is of hewen Stone , and fortified with an Iron-Gate . It consists of four stately Arches , and lies South and North. The Ships at full Tide come up to the Bridge , and the Haven is a little below the same . The Church , which is of hewen Stone built very artificially , stands in the Upper Part of the Town toward the East , adorned with a very high Tower. Not far from the Church may be seen the Mansions of the Earls of Argyle and Marr , notable both for their Bigness and Artifice of their Structure . The Earl of Marr is Governour of this Castle by Heritage . It hath a competent Number of Great Ordnance , for defending the Passage of the Bridge , and a sufficient Garrison established for its Security . In times of Trouble the Chief Magazine of the Nation is usually transported to this Place , it lying upon a considerable Pass , and almost in the Center of the Kingdom . As this City stands in a most commodious Place for Commerce , so it hath a most delectable and pleasant Prospect , by the great and various Windings of the River Forth , which are so extraordinary , that from the Bridge of Stirling to the Town of Allowa , it is 24 Miles by Water , and but 4 by Land. ALLOWA , a Town in Clackmannon-shire , and seems to be the same Ptolomy calls Allauna , is situated on a pleasant Plain to the North of Forth ; and hath a convenient Harbour for Ships of Burthen , many of which come thither for Salt and Coals . Here the Earl of Marr , Chief of the Areskins , hath a pleasant Dwelling with a Wood adjacent . ARCTURI JONSTONI , de STERLINO Carmen . STERLINO quis digna canat ? Cunabula Reges Hic sua securis imposuere jugis . Aura salutifera est ; facit hoc vicinia coeli , Nec datur à saevo tutior hoste locus . Adspicis hic geminis structas in rupibus arces , Tectaque Tarpeii turribus aequa Jovis . Fortha triumphales hic , dum fugit , excipit arcus , Cogitur & curvo subdere colla jugo . Haud aliter Phrygiis ludit Maeander in oris : Saepe fluit , trepida saepe recursat aqua . Orbe pererrato levis huc vestigia flectens Advena miratur ruris & urbis opes . Admiranda quidem sunt haec , & carmine digna : Plus tamen hic virtus martia laudis habet . Non semel Ausonios Sterlinum reppulit enses , Limes & imperii , quem bibit , amnis erat . De STERLINO , J. JONSTONI Carmen . REgia sublimis celsa despectat ab arce Pendula , sub biferis maenia structa jugis . Regum augusta Parens , Regum nutricula natis ; Hinc sibi Regifico nomine tota placet . Hospita sed cuivis , quovis sub nomine , amicus Sive es , seu non es ; Hospes an Hostis item . Pro lucro cedit damnum ; disordia tristis Heu quoties procerum sanguine tinxit humum ! Hoc uno infaelix , at faelix caetera ; nusquam Laetior aut coeli frons , geniusve soli . To the Right Honourable GEORGE Earl of Linlithgow , Lord Levingston and Callander , &c. One of the Lords Commissioners of the Treasury ; and One of their Majesties Most Honourable Privy Council . LINLITHGOW IS the same which Ptolomy calls Lindum , so named for its being situated on the side of a Lake . The King's Palace stands on a little Hill , towards the middle of the said Lake , in which there lies an Island which ascends with several Stairs in the Form of an Amphitheater . This Palace is Magnificently built of hewen Stone , begun by the former Kings and perfected by King James the VI. It consists of Four Towers , between which the Court , the Chapel , and the rest of the Buildings are extended . The Porch bears the Name and Arms of King James the V. In the Inner Court there is a very artificial Fountain , adorned with several Statues and Water-Works . Close by the Palace is a Church , commonly called St. Michael's , of a most excellent Structure , with a very high Steeple , to which the late Earl of Linlithgow added an extraordinary neat Chapel . There is a small and easie Descent from the Palace to the Town , where is to be seen a large Four-square Court , in the middle of which there is another curious Fountain exceeding in all Respects , that which is in the Inner Court of the Palace . On the South side of this Court is the Tolbooth , which is very neatly built of hewen Stone , having a very high Steeple with Bells ; and a very fine Clock . In this Tolbooth the Sheriff and Town-Magistrates keep their Courts . There is a large Street reaches from the one end of the Town to the other , which is adorned on every Side with fair Buildings ; from each side of which Street divers Lanes do break out , which open a Passage into several pleasant Gardens . The Lake it self is a Mile in length , and a quarter of a Mile over , and abounds with Perch , and other sorts of Fish . On the North side hereof lies the King's Park . This Town hath a Harbour for all sorts of Ships near the Castle of Blackness , where there is a large Custom-House built , with other Houses for the Use of Merchants . The Earl of Linlithgow is Hereditary Keeper of the Palace , and the King's Baily in that Place . De LIMNUCHO , Carmen ARCTURI JONSTONI . NObile Limnuchum est , Pario de marmore templum Hic nitet , impensae non mediocris opus . Aemula sunt templi turrita palatia Regis , Et Praetio superant Solis utramque domum . Proximus est urbi nullo lacus aggere cinctus ; Squammiger illimes Grex natat inter aquas . Ista triumphales praebent vivaria caenas Grampiaco quoties sub Jove miles ovat . Regius hic lacus est Lucrinus , Caesaris unda : Plus habet hic luxus , plus habet ille dapis . To the Right Honourable ANTHONY Viscount of Falkland , &c. One of the Lords Commissioners for executing the Office of Lord High Admiral of England , and One of their Majesties Most Honourable Privy Council , in the said Kingdom . FALKLAND . FALKLAND is a pretty little Town in the Sheriffdom of Fife . At the Foot of Lomon Hill , there is a stately Palace , which King James the V. caused to be built for a retiring Place , it being most convenient also for Hunting . The King's Park and a Wood are adjacent to it , into which , as also into the Plain towards the East , it hath a most pleasant Prospect . The Marquess of Athol is Hereditary Keeper of this Palace , and hath a considerable Rent by the neighbouring Lands and Stewardry . It gives the Title of Viscount to the Family of Falkland . To the Right Honourable JAMES JOHNSTON , One of the Lords of their Majesties Most Honourable Privy Council , and Principal Secretary of State for the Kingdom of Scotland . S T ANDREWS . SAINT ANDREWS , in Latin , Andreanopolis , or Fanum Sancti Andreae , has its Name from St. Andrew , whose Bones are said to be brought hither from Patras , a Town in Peloponnesus , by Regulus a Grecian Monk , Anno 368. a Man in that Age much esteem'd for Piety , as appears by the Church dedicated to him , and called after his Name . From him also ( as ancient Writers report ) this Town was at first called Regimund , that is , Mons sancti Reguli ; for we read that Oengus , or Vngus , King of the Picts , did grant to God and Saint Andrew , That he should be Head of all Churches within the Jurissdiction of the Picts . Likewise it is manifest from Old Manuscripts , that this was the principal See of the Culdai , who had the care and management of Holy Things from the first reception of Christianity in those Parts . This City is the Metropolis of the whole Kingdom , and the See of an Archbishop , who is Primate of all Scotland . It lies towards the East with a pleasant Prospect to the Ocean , having a Harbour for Ships , the Sea near it plentiful in Fishes , and Fields wholesome and spacious . There yet remain the Marks of Venerable Antiquity , the Ruines of the Cathedral Church and Monastery , which do abundantly testifie their Ancient Glory and Magnificence . The Town it self is situate in a Plain , from East to West , with a most pleasant Prospect to the German Ocean . It had a very strong Castle of Old , whose Rubbish and Ruines are yet to be seen upon the Rocks on the Sea-side towards the North. It has Streets straight and broad , stretching East and West , whereof two lead to that once famous Abbey of Canons Regular of the Order of St. Augustine , situate toward the East and South-East , the Wall surrounding this Abbey being yet intire , and of hewen Stone , with many Towers and Turrets which give it the Resemblance of a King's Palace . The Chief Church in the Town now , is that called the New Church , not far from the New College . In it there is to be seen a very Magnificent Monument of Archbishop Sharp . There is also another Church called St. Leonard's adjacent to a College of the same Name , the Rector whereof is ordinarily the Principal of the said College ; but the greatest Ornament of the City is the University , the Athens of Scotland , consisting at present of Three Colleges ; and was first founded by Laurentius Lindoris , and Richardus Corvellus , Doctors of Law , and publick Professors of Philosophy . The College of St. Salvator , commonly called the Old College , was founded by James Kennedie Bishop of St. Andrews , together with a Church beautified with an high towering Steeple all of hewen Stone , in which his Monument of curious Workman-ship is yet to be seen . Mr. Skene Doctor of Divinity and Principal of the College , has of late repaired and augmented the Fabrick thereof , having made a Collection for that end . He has also founded a Library , which by the Donations of learned Men is now very well furnished with good Books . St. Leonard's College was founded by James Hepburn , Prior of St. Andrews ; in which are several Professors , as first the Principal , who is always Doctor of Divinity , and Four Professors of Philosophy , to whom John Scot of Scots Tarvett Knight , added a Professor of Philology , with a liberal Salary , and augmented the Library with the Gift of several considerable Volumes . It is likewise of late very much increased by Sir John Wedderburne , Doctor of Physick , who dying left his great Collection of Books to it . Here also is the famous Manuscript of the Scottish Chronologer , John Fordon . The New College was founded by James Beaton Archbishop . In it are two Professors , always Doctors in Divinity , the One stiled Principal Professor of Theology , the Other only Professor of Theology ; to which of late is added a Professor of Mathematicks ; the first Professor whereof , Mr. James Gregory , erected a Commodious Observatory for Mathematical Observations in the College Garden , having caus'd a Contribution to be made for that Purpose . He also furnished it with many Mathematical Instruments much better than it had before his Time. Alexander the I. King of Scotland , founded a Priory here for the Monks of the Order of St. Augustine , the Government of the Picts being abolished in Britain ; and Kenneth III. tranferred the Episcopal See from Abernethie to St. Andrews , about the Year 850. ARCTURI JONSTONI , Carmen de ANDREAPOLI . URBS sacra nuper eras toti venerabilis Orbi , Nec fuit in toto sanctior Orbe locus . Jupiter erubuit tua cernens Templa , sacello Et de Tarpeio multa querela fuit . Haec quoque contemplans Ephesinae Conditor Vrbis , Ipse suum merito ridet & odit opus . Vestibus aequabant Templorum marmora Mystae , Cunctaque divini plena nitoris erant . Ordinis hic sacri Princeps , spectabilis auro , Jura dabat Patribus Scotia quotquot habet . Priscus honor periit , traxerunt templa ruinam , Nec superest Mystis qui fuit ante nitor . Sacra tamen Musis Vrbs est Phoebique ministris , Nec major meritis est honor ille tuis . Lumine te blando Musas quae diligit eos Adspicit , & roseis molliter afflat equis . Mane novo juxta Musarum murmurat aedes Rana Thetis , somnos & juvat esse breves . Proximus est Campus , studiis hic fessa Juventus Se recreat , vires sumit & inde novas . Phocis amor Phoebi fuit olim , Palladis arte In te jam stabilem fixit uterque Larem . De ANDREAPOLI , Carmen JOANNIS JONSTONI , Quondam ibi Theologiae Professoris . IMminet Oceano paribus descripta viarum Limitibus , pingui quam bene septa solo , Magnificis opibus ; staret dum gloria prisca Pontificum , hic fulsit Pontificalis apex . Musarum ostentant surrecta palatia coelo , Delicias hominum , Deliciasque Deum . Hic nemus umbriferum Phoebi , Nymphaeque sorores , Candida quas inter praenitet Vrania , Quae me longinquis redeuntem Teutonis oris Suscipit , excelso collocat inque gradu . Vrbs nimium faelix , Musarum si bona nosset Munera & aetherei regna beata Dei. Pelle malas pestes Vrbe , & quae noxia Musis , Alme Deus : coeant pax pietasque simul . To the Right Honourable JAMES Viscount of Stairs , Lord Dalrimple , Glenluce and Strenrare , President of the College of Justice , and One of the Lords of their Majesties Most Honourable Privy Council . GLASGOW . GLASGOW is the most famous Empory of all the West of Scotland . Nothwithstanding that it is inferiour to many in Antiquity , yet if we respect the Largeness of the City , the Number and Stateliness of its publick and private Buildings , its Commerce with Foreign Nations , and the Opulency of its Inhabitants , it is the Chief of all the Cities in the Kingdom next to Edinburgh . The City stands most pleasantly upon the East Bank of Clyde , which is navigable up to the very Tower , by Ships of small Burden ; but New Glasgow which stands on the Mouth of Clyde , is a Haven for Vessels of the greatest Size . The City it self is joined to the Suburbs , which stand on the West Brink , by a beautiful Bridge of Eight Arches , built of square hewen Stone . The most part of the City stands on a Plain , and is in a Manner four-square . In the very middle of the City is the Tolbooth , magnificently built of hewen Stone , with a very high Tower , and Bells which sound melodiously at every Hour's end . At the Tolbooth Four principal Streets crossing each other do divide the City as it were into Four equal Parts , every one of which is adorned with several publick Buildings . In the higher Part of the City the Cathedral Church stands , commonly called St. Mungo's . It amazes the Eyes of the Beholders for its stupendious Bigness , and Artifice of its Structure . It consists of two Churches , of which the one is over the other . The several Rows of Pillars , and exceeding high Towers , do show a wonderful piece of Architecture . Near to the Church is the Archbishop's Castle , fenced with an exceeding high Wall of hewen Stone , and looks down to the City ; but the chief Ornament of the City is the College which was founded by King James the II. Pope Nicholas the V. granting an Indulgence , and confirming it by his Bull to have the Rights and Liberties of a College , where general Learning should be taught . It was erected by the great Labour and Expences of that Reverend Prelate William Turnbull Archbishop of Glasgow . The Words of the Bull for the founding of it , are , That general Study should flourish in the same , as well in Theology , and the Canon and Civil Law , as in all other Arts and Faculties ; and that the Masters and Teachers there should enjoy all and sundry the Privileges , Liberties , Honours , Immunities and Exemptions which have been granted by the Apostolick See , or others , any other way , to the Masters , Teachers , or Students of our College at Bononia . The Fabrick of the College is remarkable , consisting of divers Courts . The fore-part of it towards the City is of an excellent Structure being of hewen Stone . The Precincts of the College are enlarged by some Acres of Ground , purchased by some Money granted to it of late by the King and Estates of the Kingdom . It is separated from the rest of the Town by an exceeding high Wall. De GLASGUA Carmen ARCTURI JONSTONI . GLASGUA , tu socias inter caput exeris urbes ; Et te nil ingens pulchrius Orbis habet . Sole sub occiduo Zephyri te temperat aura , Frigora nec brumae nec canis ora times . Glotta latus cingens , electro purior omni est , Hic regis imperio lintea mille tuo . Pons jugat adversas operoso marmore ripas , Et tibi securum per vada praebet iter . Aemula Phoeacum tua sunt pomaria , Sylvae Ruraque Poestanis sunt tibi plena rosis . Farra Ceres , armenta Pales , Thetis agmina gentis Squammigerae , Nemorum dat tibi diva feras . Tecta nitent , ipsas & tangunt vertice nubes : Quo commendentur plus tamen intus habent . Templa domos superant , radiant haec marmore puro , Marmoris & praetium nobile vincit opus . Non procul hinc Themidos se tollunt atria , patres Hic ubi purpureos dicere jura vides . In medio residens sua pandit limina Phoebus , Hic cum Parnass ; o Pegasis unda fluit . Civibus ingentes animos , deus armiger artes ; Nata Jovis stabiles Juno ministrat opes . Moenia Dardanidum posuit Grynaeus Apollo , Et deus aequoreis qui dominatur aquis . Glasgua te fausto struxerunt sydere divi Quot mare , Quot tellus , Quotquot & aequor habet . ROBERTI MAGNI , M.D. Carmen in insignia Civitatis GLASGUAE . SAlmo , Quercus cui insidet Rubecula avis , & Campana , & Annulus aureus salmonis ore exertus . Salmo maris , terraeque arbor , avis aeris urbi Promittunt quicquid trina elementa ferunt . Et campana ( frequens celebret quod numinis aras Vrbs ) superesse polo non peritura docet . Neve quis indubitet sociari aeterna caducis Annulus id , pignus conjugiale , notat . De GLASGUA Carmen JO ANNIS JONSTONI . NON te pontificum luxus non infula tantum Ornavit , diri quae tibi causa mali . Glottiadae quantum decorant te Glasgua musae , Quae celsum attollunt clara sub astra caput . Glotta decus rerum , piscosis nobilis undis Finitimis recreat jugera laeta soli . Ast Glottae decus , & vicinis gloria terris Glasgua foecundat flumine cuncta suo . To the Right Honourable GEORGE Earl of Aberdeen , Viscount of Trumartin , Lord Haddo , Mechlick , Tarvis and Kellie , &c. Old ABERDEEN . ABERDEEN the Old is situated a Mile to the North of the New Town , commonly called Bon-accord , it hath its Name from its Situation , being placed at the Mouth of the Water of Don. The Name of the River sufficiently shews that the Picts who inhabited this part of the Country were of a Scythian Descent , for the River which by the Latins is called Danubius , by the Germans is called Dunave , by the Polonians Dunaum , by the Turks Tuna , being of the very same Name with our Don. The River is remarkable for the Multitude of Salmon and Perches which are taken in it . About half a Mile from Old Aberdeen it hath a Bridge of one single Arch , which is both large and stately , it is made up for the most part of square hewen Stone , both the Ends of it being fixed on Rocks . By its crooked winding it breaks the force of the Stream , so that Nature it self seems to have made way for its Situation . A little below it Don enters into the Sea. Above the Bridge two Miles , is a heap of Stone artificially cast in the Mouth of the Chanal for the easier catching of the Salmon . It is the Bishops Seat , and hath a Cathedral Church commonly called St. Machars , of a large and stately Structure ; being built of hewn Stone by the several Bishops of that See. It anciently consisted of two Ranks of Stone Pillars , another cross Church and three Turrets , the greatest of which , was the Steeple , which was set upon Four Pillars of vaulted Works . In the Church likewise was a Library , but about the Year 1560 it was almost wholly destroyed , so that the Ruines do now only remain . But the Chief Ornament of this Town is the King's College , placed on the South side of the Town , conspicuous beyond the rest of the Houses for the Neatness and Stateliness of its Structure . 'T is Inferiour to no College in Scotland . One side of it is covered with Slate , the rest with Lead ; the Church , and Turret or Steeple are of hewen Stone . The Windows were of old remarkable for painted Glass , and some reliques of their ancient Splendor do yet remain . Here is a fine Monument of Bishop Elphingston . The Steeple besides others hath two Bells of an extraordinary Bigness . The Top of it is vaulted with a double cross Arch , above which is a King's Crown , having eight Corners upheld by as many Pillars of Stone , a round Globe of Stone with two gilded Crosses closing the Crown . In the Year 1631 it was overturned by a Storm , but shortly after was built in a more stately Form. It was begun by Bishop Forbes , continued by William Gourdon Dr. of Physick , and helped on by the largesses of several Noblemen and Gentlemen of that Country . Close to the Church there is a Library provided with many Books , much enriched by those which Dr. Henry Scougal , Professor of Divinity there , and the Right Reverend Dr. Patr. Scougal , Bishop of Aberdeen , his Father , did lately bequeath to it . This College was Founded by Bishop Elphingston , Anno Dom. 1500. and the greatest part of the Work was likewise Built by him ; but King James the IV. assumed the Patronage of it to himself , whence it is called the King's College . In it there is a Primar or Principal , a Professor of Theology , a Professor of the Civil Law , a Professor of Physick , a Sub-Principal , who is also a Professor of Philosophy , three other Philosophy Professors , and a Professor of the Languages . This College and that in the New Town make up one University , called the University of King Charles . New ABERDEEN . ABERDEEN , as I have said , is twofold , the New Town and the Old. They are distant the one from the other about a Mile . Abredonia seems to be the same which Ptolomy calls the City Devana , placed in the Province called Texale , upon the mouth of the River Dee ; for Aber in the old British Tongue signifies or denotes the mouth of a River , and Deva , or d ee , is the name of the River upon whose mouth this City is situated . But New Aberdeen is the Capital of the Sheriffdom of Aberdeen , and the Seat of the Sheriff for Trial of Causes . It is placed at the Eastern Corner of the Shire , where it is wash'd with the German Sea. This City very much exceeds the rest of the Cities of the North of Scotland in Bigness , greatness of Traffick , and Beauty ; it enjoys a wholesome Air , and abounds with well-bred Inhabitants , and has a great Revenue from its Salmon fishing . The Old City seems to have been placed upon a Bank of the Sea ; because it is the common Opinion that the Monastery of the Holy Trinity which is thought to have been formerly the Palace of King William , is situate in the very Creek of that Sea , and not far from it are the Ruins of an old Praetorium . In tract of time the Inhabitants seem to have filled several neighbouring little Hills with Houses , and now the City is chiefly built upon Three of those Hills , and the greatest part upon the highest . It hath an access by an ascent every way . The exteriour parts thereof are spread out upon the Plain , as Suburbs in many places . That there was a Mint heretofore in the City , appears by Silver Coyns there stamped with this Inscription , Vrbs Aberdeae , which are yet preserved in the Closets of the curious . The Streets are Paved with Flint , or a very hard Stone resembling Flint ; the Houses beautiful both within and without , are Four Stories high , or more , and have for the most part Gardens and Orchards belonging to them ; so that the whole City , to those that approach it , gives the resemblance of a Wood. At the West-End of the City , a little round Hill adjoyning offers it self to sight , from the foot of which Hill breaks forth a Fountain of clear Water , and in the middle of the same , another Spring flowing down to the foot of the Hill , bubbles out , and sends forth a Stream as rapid as a Torrent , but the spring it self is easily distinguish'd both in Colour and Taste from a Torrent . It is called the Aberdonian Spaw , because both in Taste and Quality it comes very near to the Spaw Water in the Bishoprick of Liege . This Water is cold to the touch . Doctor William Barclay a Physician , has written a Treatise concerning it . In the High Street there is a Church of the Franciscans worthy to be taken notice of , built of Free-Stone ; a Work begun by Doctor William Elphingston , then Bishop , and finished at the charge of Gavinus Dumbar , Bishop of Aberdeen about the Year of Christ 1500. The said Bishop Gavinus Dumbar , hath also got himself immortal Honour , by a Famous Bridge of seven Arches laid over the River Dee , about a Mile from the City , built very firm and durable , of Free-Stone , which in more places than one by Inscription testifies its Author or Builder . But the great Ornament of the City is its College , called the Mareshallian Academy , as founded by the Earl Marshal , George Keith , in the Year 1593 , which the City of Aberdeen hath very much adorned with several additional Buildings . It has , besides a Primary Professor , who is called Principal , Four Professors of Philosophy , a Professor of Theology , and a Professor of the Mathematicks . There is also a famous Library Founded by the City of Aberdeen , supplied by the Gifts of Learned Men , and furnished with divers Mathematical Instruments . Add to these the School-House , Founded by Dr. Dune , which has one Head Master , and three Ushers under him . There is also a School for Musick . The Cathedral Church nominated from St. Nicholas , its Patron , is built of Free-Stone and covered with Lead ; has a Steeple resembling a Pyramid , and covered likewise with sheets of Lead to a considerable heighth . It was divided formerly into Three Churches , the bigest whereof was called the Old Church , the other the New Church , and the third the Arched , named the Arch of the Lady of Mercy . This Cathedral is propt with Pillars of Free-Stone , and has Three Bells of a vast weight , which by their quick and continual Sounds divide the half Hours . The body of this Church is adorned with a Tower and pinacled Steeple . Here is kept the Court for the publick Trials of the Townsmen , and the County Courts , where is also a Prison and a Work-House . Besides these there is an Alms-House for the maintenance of the Old People of Aberdeen , that are come to Decay , with Three Hospitals Founded by several persons . And adjoyning to the Custom-House lies the Port or Wharf . De ABREDONIA VETERI , Carmen ARCTURI JONSTONI . TE pius antistes colit , Vrbs antiqua , regitque , Donaque faelicem reddit & unda freti . Amnis aquas uno pons admirabilis arcu Integit ; autores suspicor esse deos . Talis erat Rhodii moles operosa Colossi , Turgida quam subter vela tulere rates . Hunc prope Salmonum soboles argentea Nassas Sponte subit , laqueis induiturque suis . Est quoque quod jactes vetus & venerabile templum ; Caetera praedonum diripuere manus . Turribus hoc surgens geminis Pharos esse putatur ; Puppibus & tutum per vada monstrat iter . Non procul hinc Phoebi surgunt & Palladis arces ; Aurea crux illas & diadema tegit . Has pius erexit praesul , Rex divite censu Donavit , titulos prodiga Roma dedit . Non tot equus pedites fudit Trojanus Achivos , Lumina quot patriae protulit ista domus . Nobilis urbs , extra praeconem quaerere noli , Hunc populum qui te praedicet intus habes . De ABREDONIA NOVA Carmen ARCTURI JONSTONI . URBS nova , piscosi quam ditant ostia Devae Vrbibus antiquis praeripit omne decus . Hanc delubra beant , totum cantata per Orbem , Templaque mortali non fabricata manu ▪ Haec prope Romuleis aedes sacrata Camaenis Surgit : Athenaeum non procul inde vides . Ardua sydereis rutilant praetoria pinnis Hic , ubi planities panditur ampla fori . Adspicis hic procerum vicina palatia Coelo , Et populi pictos , aureolosque Lates . Quid memorem ternos , tria propugnacula , Colles ; Qualibus urbs surgit quae Caput orbis erat . Hanc quoque Lanaris mons ornat , amaenior illis Hunc ferrugineis Spada colorat aquis . Inde suburbanum Jamesoni despicis hortum , Quem domini pictum suspicor esse manu . Salmonum dat Deva greges , maris aequora gazas Memphi tuas , & quas India jactat opes . Pons septemgemino cameratus fornice Devam Integit : autorem juncta Tiara notat . Haec celebret Vulgus : Solos ego praedico cives ; His collata nihil caetera laudis habent . Martia mens illos commendat & aurea virtus , Rebus & in dubiis saepe probata fides . Hospita gens haec est , & comis & aemula divum , Quaeque regunt alios huic famulantur opes . Si locus est meritis , urbs haec Regina vocari , Et Dominae titulum sumere jure potest . Caetera mortales producunt oppida solos : Vrbs haec Heroas , semideasque parit . Aliud ejusdem de eadem . CVM Populo quisquis Romanam suspicis urbem , Et mundi dominam , deliciasque vocas . Confer Aberdoniam ; Thetis hanc servilibus undis Alluit , urbs famulo nec procul illa mari est . Vtraque fulta jugis , subjectos despicit amnes , Vtraque fulminea spirat ab arce minas . Illa suos Fabios , invictaque fulmina belli Scipiadas jactat Caesareamque domum . Mennesios urbs haec proceres , gentemque Culenam , Et Collisonios Lausoniosque patres . Vrbe Quirinali minor est urbs Grampica , Cives Sunt tamen hic animis ingeniisque pares . De Abredonia Nova , Carmen D.J. JONSTONI . AD boream porrecta jugis obsessa superbis Inter Connatas eminet una Deas . Mitior algentes Phoebus sic temperat auras , Non aestum ut rabidum , frigora nec metuat . Foecundo ditat Neptunus gurgite , & amnes Piscosi gemmis alter adauget opes . Candida mens , frons laeta , hilaris , gratissima tellus Hospitibus ; Morum cultus ubique decens . Nobilitas antiqua , opibus subnixa vetustis Martiaque invicto pectore corda gerens . Justitiae domus , & stadiorum mater honoris : Ingenio ars , certant artibus ingenia . Omnia ei cedunt meritos genetricis honores : Pingere non ulla ars ingeniumve valet . To the Right Honourable JOHN Earl of Tweddale , Lord Hay of Yester , &c. Lord High Chancellour of Scotland . HADDINGTON . HADDINGTON is situate on a pleasant Plain , on the brink of the River Tyne , surrounded with several Noblemens dwellings . The most remarkable whereof is the House of Yester , the ordinary Mansion House of the Earl of Tweddale . It is one of the pleasantest Seats , and hath the finest and greatest planting about it in all Scotland . Of old this Town was Fortified by the English , several Vestigies whereof are yet to be seen . Here is a Church excellently built of hewen Stone , the Ruins whereof do testifie its former splendor . In a Chapel belonging to this Church there is an excellent Burial-place for the Chiefs of the Family of Maitland . Chancellour Maitland and his Lady , several others of the said Family , and the Duke of Lawderdale , are Interr'd in this place . It gives the Title of Earl of Haddington to a branch of the House of Hamilton , who hath large Possessions and fine Seats hard by it . Henry Prince of Scotland , Son to St. David , and Ada his Countess , Founded a Nunnery in this place . Within Four Miles of Edinburgh , the Earl of Tweddale hath another most pleasant House and Gardens , called Pinkie . No Place in Scotland is surrounded with more little Towns and Houses of the Nobility and Gentry than this is , which appears chiefly from the House of Stony-hill , where the Variety of so many Towns and Buildings , so great a Part of the Court of Lothian , the River of Forth , and the Court of Fyfe , give a most delightful Prospect . Carmen ARCTURI JONSTONI de HADINA . PRoxima Bervico caput Hadingtona periclis Obtulit , & Scotis aggeris instar erat . Saepe Caledoniam defendit fortibus armis , Nec semel hostiles est populata greges . Viribus interdum , nunquam virtute subacta est , Et cum multa tulit vulnera , plura dedit . Grampigenas ne crede duces , Floremve Juventae Sed tutelares hic habitasse deos . J. JONSTONI , Carmen de Eadem PLanities praetensa jacet prope flumina Tinae Fluminis . Arguti clauditur ista sinu Vulcani & Martis quae passa incendia , fati Ingemit alterno vulnere fracta vires . Nunc tandem sapit icta , Dei praecepta sequuta Praesidio gaudet jam potiore poli . To the Right Honourable JAMES Marquess of Montross , Earl of Kincardin , Lord Graham and Mugdock , &c. MONTROSS . A Town in the Shire of Angus , so called ( as some think ) from Moinross , which in the ancient British Language signifies a Fennish Promontory , and was of old called Celurra . This Town is situated at the mouth of the River of Southesk , on the North side of it . It hath a Harbour for Ships of a considerable Burthen , and has frequent correspondence with Foreigners ; being adorned with fine Buildings of all sorts , and has an Hospital for the poorer Inhabitants . It gives the Title of Marquess of that Name to the chief of the Family of the Grahams . De MONTE ROSARUM , Carmen ARCTURI JONSTONI . NObilis urbs Rosei jam gaudet nomine Montis Quae prius a Coelo dicta Coelurca fuit . Proximus huic mons est quem praeterlabitur amnis , Ambrosias populo praebet uterque dapes . Mons lectas pecudes , Salmones sufficit unda , Lautius & si quid stagna Neronis habent . Quae recreent oculos incingunt lilia ripas , Ipsaque puniceis sunt juga picta rosis . Ad latus Eoum se vectigale profundum Explicat ; & velis mille teguntur aquae . Propter aquas populo praebet spectacula campus , Flumine quem Boreas hinc lavat , inde Notus . Hic Juvenum pars flectit equos , pars utitur arcu , Pars rotat Herculea grandia saxa manu : Sunt quos lucta juvat , pars gaudet ludere disco , Vel volucres curvo pellere fuste pilas . Vrbs celebris , te si spectet Capitolia Romae Jupiter , Idalium deseret alma Venus . De eadem Carmen . J. JONSTONI . AVreolis urbs picta rosis , Mons molliter urbi Imminet : Hinc urbi nomina facta canunt . At veteres perhibent quondam dixisse Coelurcam : Nomine sic prisco & nobilitata novo est . Et prisca atque nova insignis virtute , Virumque Ingeniis , patriae qui peperere decus . To the Right Honourable JOHN Marquess of Athol , Earl of Tullibardin , Viscount of Balquhidder , Lord Murray , Balvenie and Gask , &c. Knight of the Most Ancient and Most Noble Order of the Thistle . DUNKELL . A Town in the Sheriffdom of Perth , on the North of Tay , at the Foot of the Grampian Hills , being surrounded with pleasant Woods . It is the chief Market-Town of the Highlands , and the Bishop's Seat. The Ruins of the Cathedral Church are yet to be seen ; but that which chiefly adorns it , are the stately Buildings lately erected by the Marquess of Athol . To the Right Honourable THOMAS Marquess of Carmarthen , Earl of Danby , Viscount of Dumblane and Latimer , Baron Osborne of Kiveton , &c. Lord President of their Majesties Council in England , and Knight of the Most Noble Order of the Garter , &c. DUMBLANE . DVMBLANE is a pleasant little Town , on the Bank of the River Allan , where the Ruines of the Bishops and Regular Canons Houses are to be seen . Here the Lord William Drummond , Viscount of Strathallan , hath very fine Dwellings , and considerable Revenues in the Circumjacent Country . Here also was a Church of excellent Workman-ship , a part of which remains yet intire . In the Ruines whereof is an ancient Picture representing the Countess of Stratherne , with her Children kneeling , asking a Blessing from St. Blanus cloathed in his Pontifical Habit. Not long ago Robert Lighton was Bishop of this Place , a Man of an Exemplary Life and Conversation . He was afterwards translated to the See of Glasgow , which he willingly resigned , and gave himself wholly up to the Exercises of a pious and contemplative Life . At his Death he left all his Books , both Manuscripts and others , to the Use of the Diocess of Dumblane , and mortified a Summ of Money for erecting a Library . A Salary was mortified also to the Bibliothecarius by the same Bishop's Sister 's Son. It gives the Title of Viscount of Dumblane to the Family of Carmarthen , in England . To the Right Honourable JAMES Earl of Arran , Eldest Son to the Duke of Hamilton , and Knight of the Most Ancient and Most Noble Order of the Thistle . HAMILTON . HAMILTON is a Town of Lower Clidsdale , situated in a most pleasant Plain upon the Western Bank of Clyde . It s Chief Ornament is the Palace of the Duke of Hamilton , the Court whereof is on all Quarters adorned with most noble Buildings ; Especially the Frontispiece looking toward the East , is of excellent Workman-ship ; and has a magnificent Avenue . Upon the One Hand of this Avenue there is a Hedge , and on the other , fair large Gardens , abundantly furnished with Fruit-Trees , and pleasant Flowers of all Sorts . Upon the West side of the Town there is a large Park , surrounded with a very high Stone Wall , which is about Seven Miles in Circuit ; the Brook Aven running through it . This Park is also famous for its Forest of Tall Oaks , and for the great Number of Harts and Buffles it abounds with . There is a Church adjacent to the Palace , in the Vaults whereof is the Burial Place of the Dukes of Hamilton . To the Right Honourable JOHN Maister of Stairs , One of the Lords of their Majesties Most Honourable Privy Council ; and Principal Secretary of State for the Kingdom of Scotland . AIRE or AIRTH . AIRE an ancient Town , and the Chief Market-Place of the West of Scotland . In it the Sheriff Courts are kept , it being the head Town of that Sheriffdom , which bears the same Name . It was of old called St. John's Town ; but now that Name is antiquated . This Town though it be situated in a sandy Plain , yet it hath pleasant and fruitful Fields , and Greens equally pleasant both Summer and Winter . It hath a stately Church ; and a Bridge with Four Arches joins it to the New Town , which is situated on the North side the Water , where is to be seen the Castle of the Laird of Craigwallace . A Mile North of the Town , not far from the Sea-Shoar , there is a Lazer-House , commonly called the King's Chapel , which King Robert de Bruce set apart for maintaining Lepers . This Town by the King's Patent is the Sheriff's Seat , and hath Thirty and Two Miles to the South and North within its Jurisdiction . De Aira , Carmen ARCTURI JONSTONI . URBS coeli contenta bonis , vel ab aere puro Vel quo forte cluis nomen ab aere trahis . Mole quidem parva es , sed molem dotibus auges , Vrbibus & magnis nobilitate praeis . Grandia saxa vides , exili corpore gemmas ; Plus tamen exilis gemma nitoris habet . Et Jovis exiguo surgit de semine Quercus , Et septemgemini fluminis or a latent . Macte animis terras sibi quae subjecit & undas Tibridis urbs , olim nil nisi villa fuit . De eadem , Carmen J. JONSTONI . PArva urbs , ast ingens animus in fortibus haeret , Inferior nulli nobilitate Virum . Aeris e campis haurit purissima coelum , Incubat & miti mollior aura solo . Aeria hinc , non Aera prius , credo , illa vocata est : Cum duris quid enim mollia juris habent ? Infera cum superis quod si componere fas est , Aurea fo rs dici debuit illa prius . To the Right Honourable GEORGE Earl of Marischal , Lord Keith and Allrie , &c. Hereditary Mareschal of Scotland . DUNOTTER . IT lies in the Shire of the Mairnes , and is situated upon a high and inaccessible Rock stretcht out into the Sea , and fortified with strong Walls . It is one of the Dwellings of the Earls Mareschal , the Chief of the Keiths , who for the Warlike Valour of their Predecessors in defending their Country from Foreign Enemies , were made Hereditary Mareschals of Scotland . To the Right Honourable JOHN Earl of Arroll , Lord Hay and Slains , &c. Lord High Constable of Scotland . DRYBRUGH . THE Abbey of Drybrugh is situate upon the Bank of the River Tweede , in Tivedale . 'T was founded by Hugh de Morvill , High Constable of the Kingdom of Scotland , for the Monks of the Order of Premontre . To the Right Honourable JOHN Lord Stranever , Eldest Son to the Earl of Sutherland , Hereditary Sheriff , Lord of Regality , Admiral of Sutherland and the rest of those Seas , Colonel of a Regiment of Infantry ; and One of their Majesties Most Honourable Privy Council . INVERNESSE . THE head Town of the Sheriffdom of Invernesse , and the Sheriff's Seat , where he keeps his Court. It is most commodiously situated on the South side of the Water of Nesse , on the very Brink of the River , a fit Place for entertaining Commerce with the neighbouring Places . Of old it was the Seat of the Kings of Scotland , and has a Castle standing on a pleasant Hill , having a large Prospect into the circumjacent Fields and Town . Near the Castle , there is lately a Bridge built over the Water of Nesse , consisting of Seven Arches all of hewen Work. It hath a Harbour fit for smaller Vessels . As also two Churches , the one for the English , and the other for the Irish . De Innernessa , Carmen ARCTURI JONSTONI . URBS vicina freto , tu surgis in ubere campo , Et prope Parrhasiae Virginis ora vides . Atria te Regum decorant , & sanguine fuso Pictorum , toties qui rubuere lacus . Vela ferens Nessus vitreis interluit undis Et ratibus famulas applicat ille rates . Non coit unda gelu , medio sed tempore brumae Libera victrices in mare volvit aquas . Nec desunt gravidae gelido sub sydere messes , Nec minus est famuli fertilis unda freti . Proxima te Thule vicinaque ditat Ierne , Omnis & arctois insula septa vadis . Abstulit imperii dudum Bodotria fasces , Et Dominae titulo coepit Edina frui : Tu tamen emporium regni diceris , honorem Hunc natura tibi dat geniusque loci . To the Right Honourable the Viscount of Stormont . SCOON . SCOON is a Town in the Sheriffdom of Perth , famous in former Ages for the Abbey which was founded by King David I. for the Monks of the Order of St. Augustine . It is situated on the North Bank of Tay , and is thought to be the Center of the Kingdom . Here is a Church , famous for the usual Coronation of the Kings of Scotland ; in which is the Tomb of Dav. Murray , who was the first of the Family of Bavaird , and was made Knight Baronet by King James VI. who also erected Stately Buildings here , which are possessed by his Heirs , under the Title of the Viscounts of Stormont . To the Right Honourable the Earl of Elgin and Ailsbury , Viscount Bruce of Ampthill , Baron Bruce of Kinlos , Wharton and Skelton , &c. ELGIN A Town in the Shire of Murray , situated on a pleasant Plain . It is the Bishop's Seat , and the head Town of that Sheriffdom . Upon a sandy Hill to the East of the Town are to be seen the Ruins of an old Castle . It had a Cathedral Church of admirable Structure , as appears by the Walls and Ruins which are yet extant . It gives the Title of Earl of Elgin to the Family of Ailsbury , in England . De Elgina , Carmen ARCTURI JONSTONI . LAudibus Elgini cedunt Peneia Tempe Et Bajae veteres , Hesperidumque nemus . Hinc Maris , inde vides praedivitis aequora Campi . Frugibus haec populum , piscibus illa beant . Huc sua Phaeaces miserunt poma : Damasci Pruna nec hic desunt , vel Corasuntis opes . Attica mellifici liquistis tecta volucres ; Et juvat hic pressis cogere mella favis . Aemulus argento foecundos Loxa per agros Errat & obliquis in mare serpit aquis . Arcibus Heroum nitidis urbs cingitur , intus Plebei radiant nobiliumque lares . Omnia delectant , Veteris sed rudera Templi Dum spectas , Lachrymis , Scotia , tinge genas . To the Right Honourable PATRICK Earl of Strathmore and Kinghorn , Viscount of Tannadice , Lord Lion and Glammis , &c. DUNDEE A Town in the Shire of Angus , so called from Dun , which in our old Language signifies a Hill , and Tay the Name of a River , it being situated at the Foot of a Hill on the North side of the River Tay , not far from its Entry into the Ocean . It stands on a most pleasant Plain , and is adorned with excellent Buildings of all sorts . It hath two Churches , a high Steeple , a Harbour for Ships of Burthen , and a considerable Traffick with Strangers , whence the Inhabitants are generally rich , and those who fall into Decay have a large Hospital provided for them . Of old this Town gave the Title of Earl , and Dignity of Constable to the Chief of the Scrimgers , but of late it gave the Title of Viscount to the Lord Dundee ; who was killed by their Majesties , King William and Queen Mary's Forces , at the Battle of Gillicrankie . De Taoduno , Carmen ARCTURI JONSTONI . URBS vetus undosi cui parent ostia Tai , Et male Cimbrorum quod tegit ossa solum . Genua te spectans , sua ridet marmora , moles Pyramidum floccii barbara Memphis habet . Ipsa suas merito contemnunt Gargara messes , Quasque regit damnat terra Liburna rates : Et Venetum populi de paupertate quaeruntur ; Nec Cnidus aequoreas jactat ut ante greges . Si conferre lubet , pubes Spartana juventae , Consulibus cedit Roma togata tuis . Qui mendicatum Tai de gurgite nomen Dat tibi , credatur mentis & artis inops : Structa deum manibus cum possis jure videri , Jure dei donum te tua terra vocat . De eadem , Carmen J. JONSTONI . QVA Notus argutis adspirat molliter auris , Hac placide coeunt Taus & Oceanus . Hic facile excipiens Venientes littore puppes Indigenis vasti distrahit Orbis opes . Saepe dolis tentata & belli exercita damnis , Invictis animis integra praestat adhuc . Fama vetus crevit cum religione renata , Locis & hinc fulsit pura nitela aliis . Alectum dixere prius , si maxima spectes Commoda , fo rs donum dixeris esse dei . Tu decus aeternum gentisque urbisque Boeti Caetera dic patriae dona beata tuae . To the Right Honourable CHARLES Earl of Southesk , Lord Carnegie of Kinnaird and Leachers , &c. ABERBROTHOCK . ABERBROTHOCK or Arbroth is a Town in Angus , so called from Aber , which in our Ancient Language signifies a Side or Bank , and Brothock the Name of a Water which runs by it . It lies on the Sea-side near the Promontory , called Rid-Head , and has a Harbour for Ships . Here was one of the Richest Monasteries of this Nation , founded by King William of Scotland , about 1170 , in Honour of Thomas Becket Archbishop of Canterbury , with whom he was intimately acquainted . It had several considerable Donations from Gillchrist Earl of Angus , and his Son Gillbred . It was possess'd by the Monks of St. Bennet . To the Inhabitants of which Town , for the Monastery's Sake , at the Request of the said King William , King John of England granted the same Privileges and Liberties through all the Kingdom of England ( except London ) which the Natives did enjoy . The Patent is yet to be seen among the Records of Arbroth . To the Right Honourable JOHN Earl of Cassillis , Lord Kennedy and Dunnur , &c. CORSREGAL . THIS Monastery ( an Ancient but Stately Edifice ) lies in the Shire of Carrick , and was founded by Donkan Earl of Carrick , for the Use and Conveniency of the Cistercian Monks . To the Right Honourable GEORGE Viscount of Tarbat , Lord M ccloed of Castlehaven , &c. Lord Register , and One of their Majesties Most Honourable Privy Council . CHANNERIE A Town in the Shire of Ross , so called from the College of Canons Regular that flourished there , lies on the Sea side , and is surrounded with pleasant Hills . It had a large Cathedral Church , a part of which doth yet remain , and is a Bishop's Seat. Here is to be seen a stately Dwelling of the Earl of Seaforth , who hath considerable Revenues in that County . To the Right Honourable WILLIAM Viscount of Strathallan , Lord Drommond of Cromlix , &c. PERTH THE Head Town of the Sheriffdom of Perth , and the Sheriff's Seat where he keeps his Courts . For Dignity it is the second Town in Scotland , and is commonly called St. John's Town , from a Church built there and dedicated to St. John. It is a pretty Town , placed between Two Greens on the South Bank of Tay. At a full Tide small Vessels may come up to the Town . Of old it had a Bridge of Stone , which was carried away by an Inundation . Here was also a Famous Monastery , founded by King James the I. Anno Dom. 1430 for the Carthusians . It gives the Title of Earl to the Family of Perth , chief of the Name of Drommond . De Pertho , Carmen ARCTURI JONSTONI . BE●ta prius , Perthum nunc urbs antiqua vocaris , Et simul a sancto praesule nomen habes . Te tua mundities commendat & aura salubris , Et qui foecundos irrigat amnis agros . Divitias lapsi testantur fragmina pontis , Et non vulgari fragmina coesa manu . Hunc Jovis imperio collectis imbribus unda Subruit , impositum nescia ferre jugum . Hic quoque Grampigenae , quam tollunt carmine vates , Est tibi flumineis insula cincta vadis . Insula parva quidem , celebrem sed reddidit olim Monticolas inter pugna cruenta duces . Hic agiles exercet equos generosa juventus , Linquit & alipides post sua terga notos . Martius hic meruit Circus vel arena vocari , Grajugenum levibus nobilitata votis . Sunt tibi vicini saltus ; hic figere Cervos : Mollibus & Capreis tendere lina potes . Carsia nec procul est , hic redolentia poma Et pyra Crustrithis aequiparanda legis . Vtile dum dulci mulces , punctum omne tulisti : Et tibi debetur summus honoris apex . De eadem , Carmen J. JONSTONI . PRopter aquas tui liquidas & amoena vireta . Obtinet in medio regna superba solo . Nobilium quondam Regum clarissima sedes ; Pulchra situ , & pingui germine dives agri . Finitimis dat jura locis , moremque modumque Huic dare , laus illis haec meruisse dari . Sola inter patrias incincta est maenibus urbes , Hostibus assiduis ne vaga praeda foret . Quanta Virum virtus , dextrae quae praemia norunt Cimber , Saxo ferox , & genus Hectoridum . Foelix laude nova , foelix quoque laude vetusta : Perge recens priscum perpetuare decus . To the Right Honourable DAVID Earl of Levin , Lord Leslie of Balgenie , Principal Governour of the Castle of Edinburgh , and One of their Majesties Most Honourable Privy Council . DUMFERMELIN A Town situated on the West end of the Sheriffdom of Fife . It was of old the Kings Seat : For on a little Hill near the Bridge are to be seen the Ruines of an Old Castle , which is supposed to have been the Palace of Malcolm Canmois . It hath a Royal Palace in it , near to which are the Ruines of a stately Monastery which was founded Anno 1130 , by David I. King of Scotland , for the Benedictine Monks , and finished by King Malcolm III. where also both he , and St. Margaret his Queen , are buried . It is famous for the Birth of King Charles I. and gives the Title of Earl to a Branch of the Family of the Seatons . To the Right Honourable ALEXANDER Earl of Kincardin , Lord Bruce , &c. CULROSSE HATH its Name from Cul , which signifies a Bank or Border , and Rosse , which was the ancient Name of Fife , because it lies in the Western Corner of that Shire . It is situated on a Descent at the side of the River of Forth , its Chief Commodities being Salt and Coals . That which chiefly adorns it , is the stately Buildings of the Earl of Kincardin ; with the Gardens and Terrace Walks about it , having a pleasant Prospect to the very Mouth of the River Forth . Near unto these Buildings are to be seen the Ruins of an Ancient Monastery . To the Right Honourable the Earl of Roxburgh , Lord Kerr of Cessford and Cavertoun , &c. KELSO A Town in Teviotdale , situated near the Mouth of the River Tweede . It was lately almost wholly destroyed by Fire , but is now rebuilt and adorned with most stately Buildings . It is surrounded with several Noblemen's Mannors , and most pleasant and fruitful Fields . Here are to be seen the Ruines of an Ancient Monastery founded by King David , and possess'd by the Cistercians , an Order instituted about the Year 1000 , under Pope Vrban the II. by Robert , Abbot of the famous Monastery of Cisteaux in Burgundy , whence the Observers of that Order were called Cistercians . To the Right Honourable ARCHIBALD Earl of Farfor , Lord Vandall and Oyd , &c. One of the Lords of their Majesties Most Honourable Privy Council . The Castle of BOTHWELL IN Lower Clidsdale , not far from the River of Clyde , near to which is a Bridge of hewen Stone : The Ruines of it only are to be seen , which notwithstanding do testify its former Greatness . Here of old was a Prebendary enjoy'd by a secular Priest , founded by Archibald Lord Douglas . To the Right Honourable CHARLES Earl of Haddington , Lord Binning and Byres , &c. MELROSSE . IT lies in Teviotdale on the Bank of the River Tweede , was founded by St. David , in the Year 1136 , and possess'd by the Bernardines , Monks so called from St. Bernard a Burgundian ; who entring the Monastery of Cisteaux , proved so strict an Observer of Monastick Discipline , that the Regulars of the foresaid Order took their Name from him ; and are called at this Day promicuously , Bernardines or Cistercians . To the Right Honourable JAMES Earl of Panmure , Lord Maule , Brechen and Navarr , &c. BRECHEN . BRECHEN is a Town situated upon the Banks of the Water of Southesk , in the Shire of Angus ; and is a Bishop's See. Here is a Stately Bridge over the River Esk , consisting of Two Arches . It is a considerable Market-Town for Salmon , Horses , Oxen and Sheep . Here also are to be seen the Ruins of the Bishop's Palace , and of the Canons Houses . Brechen likewise is famous for the memorable Slaughter of the Danes , not far from it . De Brechina , Carmen ARCTURI JONSTONI . FErtile Brechinum geminos interjacet amnes : Hic Boream spectat , respecit ille notum . Rupibus inclusae sternuntur pontibus undae : Sunt quoque securis flumina plena vadis . Hanc simul Arctoi decorat victoria Regis Perfida cum socii terga dedere Duces . Praesulis hic sancti domus est , & pyramis aedi Proxima , Phydiacae forsitan artis opus . Si molem spectes , nihil est exilius illa , Ipsa tamen coeli culmina tangit apex . Est structura teres , nec raro lumina fallit , Eminus hanc spectans esse putabis acum . Daedula compages est , & ventos ridet & imbres , Nec metuit magni tela trisulca Jovis . Si fabricam conferre lubet , Brechinia turris Pyramidas superat , Nile superbe , tuas . To the Right Honourable GEORGE Earl of Caithness , Lord Biridall , &c. ROSLIN Chapel . THIS Chapel lies in Mid-Lothian , Four Miles from Edinburgh , and is one of the most curious Pieces of Workman-ship in Europe . The Foundation of this rare Building was laid Anno 1440 by William S t Clair , Prince of Orkney , Duke of Holdenburgh , &c. A Man as considerable for the publick Works which he erected , as for the Lands which he possess'd , and the Honours which were conferred upon him by several of the greatest Princes of Europe . It is remarkable that in all this Work there are not two Cuts of one sort . The most curious Part of the Building is the Vault of the Quire , and that which is called the Prince's Pillar so much talk'd of . This Chapel was possess'd by a Provost , and Seven Canons Regular , who were endued with several considerable Revenues through the Liberality of the Lairds of Roslin . Here lies buried George Earl of Caithness , who lived about the Beginning of the Reformation , Alexander Earl of Sutherland , great Grand-Child to King Robert de Bruce , Three Earls of Orkney , and Nine Barons of Roslin . The last lay in a Vault , so dry that their Bodies have been found intire after Fourscore Years , and as fresh as when they were first buried . There goes a Tradition , That before the Death of any of the Family of Roslin , this Chapel appears all in Fire . To the Right Honourable the Earl of Dundenald , Lord Cochran , &c. PASLEY , A Monastery in the Barony of Ranfrew , founded by the Steward of Scotland , in the Year 1160. The Monks of Clugny were the first Possessors thereof , then the Cistercians , and after that the Monks of Clugny a second time , who were religious Persons of the Order of St. Bennet , but reformed by Odo Abbot of Clugny in Burgundy , from whence they had their Name . The Monks of this Place wrote a History of this Nation , commonly called The Black Book of Pasley . At the Reformation it was bestowed on the Duke of Chatterault . Sir Robert Spotswood had this Book in his Library , and after his Murder General Lambert got it , and brought it to England . The BASSE IS a little Island within the Forth , about a Mile distant from the South Shore . The Prospects of it sufficiently testifie how difficult the Access to it is . Upon the Top of this Island there is a Spring , which sufficiently furnishes the Garrison with Water ; and there is Pasturage for Twenty or Thirty Sheep . 'T is also famous for the great Flocks of Fowls , which resort thither in the Months of May and June , the Surface of it being almost covered with their Nests , Eggs and young Birds . The most delicious amongst these different Sorts of wild Fowl , is the Soaling Goose , and the Kittie Waicke . There is only one Island more in the West of Scotland , called Ailsey , where these Geese do breed ; and from these two Places the Country is furnished with them , during the Months of July and August . This Island of the Basse was an old Possession of the Family of Lauder , and in King Charles II's Reign it was bought and annexed to the Crown . ERRATA . PAg. 14. l. 8. read which is . p. 16. l. 10. r. Steps . p. 23. l. 15. for Tower r. Town . p. 34. l. 6. for Court r. Coast twice . p. 64. l. 1. r. Dundonald . FINIS . THE PROSPECTS . Facies Arcis EDENBURGEENAE The Southside of the Castle of EDINBURGH . Prospectus Civitatis EDINBURGENAE a proedio DEAN dicto The Prospect of EDINBRUGH from y e DEAN . Arx BRITANNODUNENSIS ab Oppido Cella Patric●● dicto . The Castle of DUMBRITTON from Kilpatrick . Prospectus Arcis Regiae BRITANNODUNENSIS ab Occide●● Their Malies Castle of DUMBRITTON from the West . Facies Arcis BRITANNODUNENSIS ab Oriente . Prospect of y e Castle of DUMBRITTON from y e East . The Prospect of the Town of Sterling from the East URBIS STERLINI , PROSPECTUS AB ORIENTE . The Prospect of their Maties Castle of Sterling . ARCIS REGIAE STERLINENSIS PROSPECTUS . The Prospect of the House , & of the Town of Alloa PROSPECTUS ARCIS , ET OPPIDI DE ALLOA . Prospectus Civitatis LIMNUCHI . The Prospect of the Town of LINLITHGOW . Prospectus Regis Palatis LIMNUCHENSIS . The Prospect of Their Maj ties Palace of LINLITHGOW . Prospectus FALCOLANDIAE ab Oriente . The Prospect of FALKLAND from the East . Palace of FALKLAND Faeics Civitatis Sancti ANDREAE . The Prospect of The Town of S t. ANDREWS . Ruderae Ecclesioe Cathedraelis Sancti ANDREAE . The Ruins of the Cathedrall of S t. ANDREWS . Rudera Arcis Sancti ANDREAE . The Ruins of the Castle of S t. ANDREWS . Facies Civitatis GLASCOAE ab Austro . The p●●spect of the Town of GLASGOW from y e South . Facies Civitatis GLASGOW ab Oriente Estevo . The Prospect of y e Town of GLASGOW from y e North East . The COLLEDGE of GLASGOW Facies Civitatis Novae ABREDONIAE ut a propugnaculo Blockhous 〈◊〉 aspicitur . New ABERDENE from the Block house Facies Civitaetis ABERDONIAE Veteris . The Prspect of Old ABERDIEN . Prospectus Civitatis HADINAE . The Prospect of the Town of HADDINGTOWN . Prospectus Oroe maritimoe LOTHIANAE a Prcedio de Stony hill . The Coast of LOTHIAN from Stony hill . Prospectus Civitatis MONTIS-ROSAR● The Prospect of the town of MONTROSE . Prospectus Civitatis CALIDONIAE . The Prospect of the Town of DUNKELD . Ecclesia Cathedralis CALIDONIAE . The Cathedrall Church of DUNKELL . Prospectus Oppidi DUMBLANI . The Prospect of the Town of DUMBLANE . Ecclesia Cathedralis DUMBLANI . The Cathedrall Church of DUMBLANE . Prospectus Oppidi HAMILTONIAE . Th● Prospect of the Town of HAMILTON . Prospectus Civitatis AERAE ab Orientale . The Prospect of the Town of AIR from the East . Prospectus Civitatis AERAE a Domo de Newtown● The Town of AIRE , from y e House of Newtowne . PROSPECTUS ARCIS DUNOTRIE . The Prospect of Dunotter Castle . Prospectus Oppidi de DRYBURGH . 〈◊〉 Prospect of the Town of DRYBURGH . Rudera Coenobij de DRYBRUGH . 〈◊〉 Ruines of the Abbey of DRYBRUGH . Prospectus Civitatis INNERNESS . Th● prospect of y e Town of INNERNESS , Prospectus Palaty et Oppidi de SKUYN . Th● Prospect of the House and Town of SKUYN . Prospectus Oppidi ELGINAE . The Prospect of the Town of ELGINE . Rudera Templi Cathedralis ELGINI . The Ruins of the Cathedrall Church of ELGIN . Prospectus Civitatis TAODUNI . Prospect of y e Town of DUNDEE . Prospectus Civitatis TAODUNI ab Oriente . The Prospect of y e Town of DUNDEE from y e East . Prospectus Oppidi ABERBROTHIAE . Prospect of y e Town of ABERBROTHICK . Prospectus Coenobij ABERBROTHIAE . The Prospect of y e Abby of ABERBROTHICK . Rudera Caenoby de CORSREGAL seu crucis Sti Re●●● . The Ruines of y e Abby of CORSREGAL . CHANONRIA Civitatis ROSSIAE . The CHANNERY Town of ROSS . Prospectus Civitatis PERTHI . The Prospect of y e Town of PERTH . Prospectus Oppidi et Caenoby FERMELODUNENS . The Prospect of y e Town & Abby of DUMFERMLING . Prospectus Cenoby FERMELODUNEN ▪ The Prospect of the Abby of DUMFERMLING . Prospectus Palatij & Oppidi CULROSSIAE . The Prospect of y e House & Town of COLROSS . Prospectus Coenobij de CULROSS . Th● Prospect of the Abby of CULROSS . Prospectus Oppidi CALSONIS . The Prospect of the Town of KELSO . Monasterium CALSONENSE . The Abby of KELSO . Prospectus Arcis BOTHWELIAE . The prospect of BOTHWELL Castle . Rudera Coenobij de MELROSS , The Ruines of the Abbie of MELROSS . Prospectus Oppidi BRECHINAE . The Prospect of y e Towne of BRECHIN . Capella de ROSSLIN . The Chappell of ROSSLIN . Prospectus Caenobij et Civitatis PASLETI . The Prospect of the Abbey & town of PAISLAY . Facies Insulae BASSAE ab ora Maris Australi . The Prospect of y e BASS from y e South shore . Latus Insulae BASSAE Orientale . The East syde of the BASS . The End of the PROSPECTS . 
A33842	----	A collection of papers relating to the present juncture of affairs in England 1688 Approx. 914 KB of XML-encoded text transcribed from 228 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A33842 Wing C5169A ESTC R9879 12385164 ocm 12385164 60825 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A33842) Transcribed from: (Early English Books Online ; image set 60825) Images scanned from microfilm: (Early English books, 1641-1700 ; 660:1) A collection of papers relating to the present juncture of affairs in England Burnet, Gilbert, 1643-1715. 442 p. in various pagings. [s.n.], [London] printed : 1688-1689. First ed. lacks collective t.p.; title from t.p of first pt. Cf. NUC pre-1956 imprints, Wing. Editorship ascribed to Bishop Burnet. Cf. Lowndes. Each part has special t.p. and separate paging, with pts. 1-5 dated 1688 and pts. 6-12 dated 1689. Pts. 3-12 have imprint: London : Printed, and are to be sold by Richard Janeway ... Parts that were sold separately are cataloged separately. Cf. Wing. Reproduction of the original in the Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Revolution of 1688 -- Sources. Great Britain -- History -- William and Mary, 1689-1702 -- Sources. Scotland -- History -- Revolution of 1688 -- Sources. Scotland -- History -- 1689-1745 -- Sources. 2003-10 TCP Assigned for keying and markup 2003-12 SPi Global Keyed and coded from ProQuest page images 2004-01 Rina Kor Sampled and proofread 2004-01 Rina Kor Text and markup reviewed and edited 2004-02 pfs Batch review (QC) and XML conversion A Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. 1. The Humble Petition of Seven Bishops to his Majesty . 2. Articles recommended by the Arch-Bishop of Canterbury , to all the Bishops and Clergy within his Jurisdiction . 3. Proposals of the Arch-Bishop , with some other Bishops , to his Majesty . 4. Petition of the Lords Spiritual and Temporal , for Calling a Free Parliament ; With his Majesty's Gracious Answer . 5. Vindication of the aforesaid Petition . 6. Extract of the States General their Resolution . 7. Prince of Orange his Letter to the English Army . 8. Account of a Design to Poison the Prince of Orange before he came out of Holland . 9. A Relation of a Strange Meteor , representing a Crown of Light , seen in the Air near the City of Orange . 10. Lord Del — r's Speech to his Tenants . 11. Prince of Denmark's Letter to the King. 12. The Lord Churchil's Letter to the King. 13. Princes Ann's Letter to the Queen . 14. A Memorial of the Protestants of England , to the Prince and Princess of Orange . 15. Prince of Orange his Declaration of Novemb. 28. 1688. from Sherborn-Castle . Printed in the Year 1688. To the King 's most Excellent Majesty . The Humble Petition of William Arch-Bishop of Canterbury , and divers of the Suffragan Bishops of that Province , ( now present with him ) in behalf of themselves , and others of their absent Brethren , and of the Clergy of their respective Diocesses . Humbly sheweth , THAT the great averseness they find in themselves to the distributing and publishing in all their Churches your Majesty's late Declaration for Liberty of Conscience , proceeds neither from any want of Duty and Obedience to your Majesty , ( our Holy Mother the Church of England , being both in her Principles and in her constant Practice unquestionably Loyal ; and having , to her great Honour , been more than once publickly acknowledg'd to be so by your Gracious Majesty ; ) Nor yet from any want of due tenderness to Dissenters , in relation to whom they are willing to come to such a Temper as shall be thought fit , when that Matter shall be considered and settled in Parliament and Convocation . But among many other Considerations , from this especially ▪ because that Declaration is founded upon such a Dispensing Power as has been often declared Illegal in Parliament , and particularly in the Years 1662 , and 1672 , and in the beginning of your Majesty's Reign ; and is a Matter of so great Moment and Consequence to the whole Nation , both in Church and State , that your Petitioners cannot in Prudence , Honour , or Conscience , so far make themselves Parties to it , as the distribution of it all over the Nation , and the solemn publication of it once and again , even in God's House , and in the Time of his Divine Service , must amount to in common and reasonable Construction . Your Petitioners therefore most humbly and earnestly beseech your Majesty , that you will be graciously pleased , not to insist upon their distributing and reading your Majesty's said Declaration . And Your Petitioners , as in Duty bound , shall ever pray . Will. Cant. Will. Asaph . Fr. Ely. Jo. Cicestr . Tho. Bathon . & Wellen. Tho. Peterburgen . Jonath . Bristol . His Majesties Answer was to this effect . I Have heard of this before , but did not believe it . I did not expect this from the Church of England , especially from some of you . If I change my Mind , you shall hear from me ; if not , I expect my Command shall be obeyed . THE ARTICLES Recommended by the ARCH-BISHOP of CANTERBURY To all the Bishops within his Metropolitan Iurisdiction , the 16 th of Iuly , 1688. SIR , YEsterday the Archbishop of Canterbury delivered the Articles which I send you inclosed , to those Bishops who are at present in this place ; and ordered Copies of them to be likewise sent in his Name to the absent Bishops . By the Contents of them you will see that the Storm in which he is , does not frighten him from doing his Duty ; but rather awakens him to do it with so much the more vigor : and indeed , the Zeal that he expresses in these Articles , both against the Corruptions of the Church of Rome on the one hand , and the unhappy Differences that are among Protestants on the other , are such Apostolical Things , that all good Men rejoyce to see so great a Prelate at the Head of our Church , who in this Critical Time has had the Courage to do his Duty in so signal a manner . I am , Sir , Yours . London , Iuly 27 , 1688. Some Heads of Things to be more fully insisted upon by the Bishops in their Addresses to the Clergy and People of their respective Diocesses . I. THat the Clergy often reade over the Forms of their Ordination ; and seriously consider , what Solemn Vows and Professions they made therein to God and his Church , together with the several Oaths and Subscriptions they have taken and made upon divers Occasions . II. That in Compliance with those and other Obligations , they be Active and Zealous in all the Parts and Instances of their Duty , and especially strict and exact in all Holy Conversation , that so they may become Examples to the Flock . III. To this end , that they be constantly Resident upon their Cures in their Incumbent Houses ; and keep sober Hospitality there according to their Ability . IV. That they diligently Catechise the Children and Youth of their Parishes ( as the Rubrick of the Common-Prayer-Book , and the 59th Canon injoyn ) and so prepare them to be brought in due time to Confirmation , when there shall be Opportunity ; and that they also at the same time expound the Grounds of Religion and the Common Christianity , in the Method of the Catechism , for the Instruction and Benefit of the whole Parish , teaching them what they are to believe , and what to do , and what to pray for ; and particularly often and earnestly inculcating upon the Importance and Obligation of their Baptismal Vows . V. That they perform the Daily Office publickly ( with all Decency , Affection and Gravity ) in all Market and other Great Towns , and even in Villages , and less populous Places , bring People to Publick Prayers as frequently as may be ; especially on such Days and at such Times as the Rubrick and Canons appointed on Holy Days , and their Eves , on Ember and R●gation Days , on Wednesdays and Fridays in each Week , and especially in Advent and Lent. VI. That they use their utmost Endeavour , both in their Sermons and by private Applications , to prevail with such of their Flock as are of competent Age , to receive frequently the Holy Communion : and to this end , that they administer it in the greater Towns once in every Month , and even in the lesser too , if Communicants may be procured , or how-ever as often as they may : and that they take all due Care , both by Preaching and otherwise , to prepare all for the worthy receiving of it . VII . That in their Sermons they teach and inform their People ( four times a Year at the least , as what the Canon require ) that all Vsurp'd and Foreign Jurisdiction is for most Just Causes taken away and abolish'd in this Realm , and no manner of Obedience or Subjection due to the s●me , or to any that pretend to act by virtue of it : but that the King's Power being in his Dominions highest under God , they upon all Occasions perswade the People to Loyalty and Obedience to his Majesty in all things Lawful , and to patient Submission in the rest ; promoting ( as far as in them lies ) the publick Peace and Quiet of the World. VIII . That they maintain fair Correspondence ( full of the kindest Respects of all sorts ) with the Gentry and Persons of Quality in their Neighbourhood , as being deeply sensible what reasonable Assistance and Countenance this poor Church hath received from them in her Necessities . IX . That they often exhort all those of our Communion , to continue stedfast to the end in their most Holy Faith , and constant to their Profession ; and to that end , to take heed of all Seducers , and especially of Popish Emissaries , who are now in great numbers gone forth amongst them , and more busie and active than ever . And that they take all occasions to convince our own Flock , that 't is not enough for them to be Members of an Excellent Church , rightly and duly Reformed , both in Faith and Worship , unless they do also reform and amend their own Lives , an so order their Conversation in all things as becomes the Gospel of Christ. X. And forasmuch as those Romish Emissaries , like the Old Serpent , Insidiantur Calcaneo , are wont to be most busie and troublesome to our People at the end of their Lives , labouring to unsettle and perplex them in time of Sickness , and at the hour of Death ; that therefore all who have the Cure of Souls , be more especially vigilant over them at that dangerous Season ; that they stay not till they be sent for , but enquire out the Sick in their respective Parishes , and visit them frequently : that they examine them particularly concerning the state of their Souls , and instruct them in their Duties , and settle them in their Doubts , and comfort them in their Sorrows and Sufferings , and pray often with them and for them ; and by all the Methods which our Church prescribes , prepare them for the due and worthy receiving of the Holy Eucharist , the Pledg of their happy Resurrection : thus with their utmost Diligence , watching over every Sheep within their Fold ( especially in that critical Moment ) lest those Evening Wolves devour them . XI . That they also walk in Wisdom towards those that are not of Our Communion : and if there be in their Parishes any such , that they neglect not frequently to confer with them in the Spirit of Meekness , seeking by all good Ways and Means to gain and win them over to our Communion : More especially that they have a very tender Regard to our Brethren the Protestant Dissenters ; that upon occasion offered , they visit them at their Houses , and receive them kindly at their own , and treat them fairly where-ever they meet them , discoursing calmly and civilly with them ; perswading them ( if it may be ) to a full Compliance with our Church , or at least , that whereto we have already attained , we may all walk by the same Rule , and mind the same thing . And in order hereunto that they take all Opportunities of assuring and convincing them , that the Bishops of this Church are really and sincerely irreconcileable Enemies to the Errors , Superstitions , Idolatries and Tyrannies of the Church of Rome ; and that the very unkind Jealousies which some have had of us to the contrary were altogether groundless . And in the last place , that they warmly and most affectionately exhort them , to joyn with us in daily fervent Prayer to the God of Peace , for an Universal Blessed Vnion of all Reformed Churches , both at Home and Abroad , against our common Enemies , and that all they who do confess the Holy Name of our dear Lord , and do agree in the Truth of his Holy Word , may also meet in one Holy Communion , and live in perfect Unity and Godly Love. An Account of the late PROPOSALS of the Arch-Bishop of Canterbury , with some other Bishops , to his Majesty : In a LETTER to M. B. Esq SIR , I Am much surprized at the ill Constructions some People make of the Actions of those Bishops , who have lately waited upon the King ; especially considering that most of them are the very Men , who not many Months ago appeared so publickly and so courageously , even to the hazard of all the Interests they had in this World , in Defence of our Protestant Religion , and the Laws of the Land. In order to the removing all groundless Jealousies , and unreasonable Surmises , in an Affair of so great Consequence , which our Popish Enemies will , I am sure , be very ready to foment and keep up , I have here sent you the Heads of those Matters which were proposed by them to the King. They waited upon Him , not as a Party separate either from the Nobility or Gentry , whom they could ( I believe ) have wished his Majesty would rather have called for at this Juncture ; or from the rest of the Bishops or Clergy of England ; but as Persons whom the King was pleased , upon Reasons known only to his Royal Breast , to command to attend upon Him. The Heads which I send you , are not taken from any Copy of the Paper which my Lords the Bishops presented to the King. I understand that all their Lordships have been extreamly careful to prevent the publishing of any Copies , and that they still refuse to communicate any , tho they now lie under no Obligations to the contrary . However , I do assure you with all faithfulness , that these Heads which I am now sending you , are true Contents , obtain'd by another Method , which in prudence you will imagine not fit for me to disclose . You have already been told from me , that every one of these Bishops were sent for up out of their Diocesses by Expresses from his Majesty , whom they first waited on in a Body , on Friday the 28 th of September . I cannot , upon the strictest inquiry , find that any thing passed betwixt the King and them , at that first attendance upon Him , besides general Expressions of Favour and Protection from his Majesty , and general returns of Duty and Loyalty from the Bishops . This was matter of Admiration to us all here , who could not believe but that the King had other Intentions of a nearer and more particular Concern , when he first resolved to send so far for some of these Bishops : but these Alterations in Councils are Things not sit for you or I to meddle with . However , my Lords the Bishops were not satisfied herewith , concluding ( as I suppose ) that his Majesty would not have sent for them so far , if he had not intended to have advised with them in this Juncture , and to give them the liberty of offering Him such Counsels as they thought necessary at this Time : And therefore when his Grace my Lord Archbishop of Canterbury waited on the King alone the first time , on Sunday morning , Sept. 30. being indisposed when the other Bishops attended on Friday , their Lordships did , by my Lord of Canterbury , intimate their Thoughts about that Affair , and their readiness to the King ; who was pleased not only to permit them to give him the best and most particular Advices , but to encourage them to do it with all the freedom that was necessary for the present Occasion . Upon this Royal Invitation their Lordships assembled together the next day at my Lord of Canterbury's Palace , and prepared , upon the most mature deliberation , such Matters as they judged necessary for hi● Majesty's Knowledg and Consideration : And on the Wednesday after waited on the King in a Body , when his Grace in his own , and in the name of the rest of the Bishops then present , did , in a most excellent Speech , represent to his Majesty such things as were thought by them absolutely necessary to the Settlement of the Nation , amidst the present Distractions , and to the publick Interest of Church and State. I am assured that his Grace delivered himself upon this Critical Occasion , as with all dutifulness to his Majesty , so with all the readiness and the courage that did become such an Apostolical Arch-Bishop as God hath blest our Church of England with at this Time. You must not expect here his excellent Words , but an Abridgment of them , according to my Talent , in a meaner Stile . I. First , the Bishops thought fit to represent in general to his Majesty , That it was necessary for Him to restore all things to the state in which He found them when He came to the Crown , by committing all Offices and Places of Trust in the Government , to such of the Nobility and Gentry as were qualified for them according to the Laws of this Kingdom ; and by Redressing and Removing such Grievances as were generally complain'd of . II. Particularly , That his Majesty would Dissolve the Ecclesiastical Commission , and promise to His People never to Erect any such Court for the future . III. That He would not only put an effectual stop to the issuing forth of any Dispensations , but would Call in , and Cancel all those which had since his coming to the Crown been obtained from Him. IV. That he would Restore the Vniversities to their Legal State , and to their Statutes and Customs , and would particularly Restore the Master of Magdalen Colledge in Cambridge , to the Profits of his Mastership , which he had been so long Deprived of , by an Illegal Suspension ; and the Ejected President and Fellows of Magdalen Colledge in Oxford , to their Properties in that Colledge : And , that He would not permit any Persons to enjoy any of the Preferments in either Vniversity , but such as are qualified by the Statutes of the Vniversities , the particular Statutes of their several Foundations , and the Laws of the Land. V. That He would suppress the Iesuits Schools opened in this City , or elsewhere , and grant no more Licenses for such Schools as are apparently against the Laws of this Nation , and His Majesty's True Interest . VI. That He would send Inhibitions after those Four Romish Bishops , who under the Title of Apostolick Vicars , did presume to Exercise within this Kingdom such Iurisdictions as are by the Laws of the Land Invested in the Bishops of the Church of England , and ought not to be Violated or Attempted by them . VII . That He would suffer no more Quo Warranto's to be issued out against any Corporations , but would restore to those Corporations which had been already disturbed , their ancient Charters , Priviledges , Grants , and Immunities , and Condemn all those late Illegal Regulations of Corporations , by putting them into their late Flourishing Condition , and Legal Establishment . VIII . That He would fill up all the Vacant Bishopricks in England and Ireland , with Persons duly qualified according to the Laws : and would especially take into His Consideration the See of York , whose want of an Archbishop is very prejudicial to that whole Province . IX . That He would Act no more upon a Dispensing Power , nor insist upon it ; but permit that Affair at the first Session of a Parliament to be fairly Stated and Debated , and Settled by Act of Parliament . X. That upon the Restoration of Corporations to their Ancient Charters , and Burroughs to their Prescriptive Rights , He would Order Writs to be issued out for a fair and free Parliament , and suffer it to Sit to Redress all Grievances , to Settle Matters in Church and State upon just and solid Foundations , and to Establish a due Liberty of Conscience . XI . Lastly , and above all , That His Majesty would permit some of His Bishops , to lay such Motives and Arguments before him , as might by the Blessing of GOD , bring back His Majesty unto the Communion of Our Holy Church of England , into whose Catholick Faith He had been Baptized , in which He had been Educated , and to which it was their earnest and daily Prayer to Almighty GOD , that His Majesty might be Reunited . All these Counsels were concluded with a Prayer to GOD , in whose Hands the Hearts of Kings are , for a good Effect upon them ; especially the last , about bringing the King back to the Protestant Religion . And now , Sir , I cannot but ask you , What grounds there are for any Mens Jealousies of the Bishops Proceedings ? Pray shew this Letter to all your Friends , that some may lay down their Fears , and others may have this Antidote against taking any up . I do assure you , and I am certain I have the best grounds in the World for my assurance , That the Bishops will never stir one Jot from their PETITION ; but that they will , whenever that happy Opportunity shall offer itself , let the Protestant Dissenters find that they will be better than their Word given in their Famous PETITION . In the mean time let You and I , Commend the Prudence of these Excellent Bishops , Admire their Courage , and Celebrate their just Praises , and never forget to offer up most fervent Thanks to GOD , for his Adorning the Church of England , at this Juncture , with such Eminent Apostolical Bishops . I am with all Respect . Yours , N. N. The PETITION of the Lords Spiritual and Temporal for the Calling of a Free Parliament : Together with his Majesty's Gracious Answer to their Lordships . To the KING 's most Excellent Majesty , The Humble Petition of the Lords Spiritual and Temporal , Whose Names are Subscribed . May it please your Majesty , WE your Majesty's most Loyal Subjects , in a deep Sense of the Miseries of a War now breaking forth in the Bowels of this your Kingdom , and of the Danger to which your Majesty's Sacred Person is thereby like to be Exposed , and also of the Distractions of your People , by reason of their present Grievances , do think our selves bound in Conscience of the Duty we owe to God , and our Holy Religion , to your Majesty , and our Country , most humbly to offer to your Majesty , That in our Opinion , the only visible Way to preserve your Majesty , and this your Kingdom , would be the Calling of a Parliament , Regular and Free in all its Circumstances . And Your Petitioners shall ever pray , &c. W. Cant. Grafton . Ormond . Dorset . Clare . Clarendon . Burlington . Anglesey . Rochester . Newport . Nom. Ebor. W. Asaph . Fran. Ely. Tho. Roffen . Tho. Petriburg . Tho. Oxon. Paget . Chandois . Osulston . We therefore do most earnestly beseech your Majesty , That you would be graciously pleased , with all speed , to Call such a Parliament , wherein we shall be most ready to promote such Counsels and Resolutions of Peace and Settlement in Church and State , as may conduce to your Majesty's Honour and Safety , and to the quieting the Minds of your People . We do likelise humbly beseech your Majesty , in the mean time , to use such means for the preventing the Effusion of Christian Blood , as to your Majesty shall seem most meet . His Majesty's most Gracious Answer . My LORDS , WHAT You ask of Me , I most passionately desire : And I promise You , upon the Faith of a King , That I will have a Parliament , and such an One as You ask for , as soon as ever the Prince of Orange has quitted this Realm : For , How is it possible a Parliament should be Free in all its Circumstances , as You Petition for , whil'st an Enemy is in the Kingdom , and can make a Return of near an Hundred Voices ? The Lords Petition , with the King's Answer , may be printed , Novemb. 20. 1688. A Modest Vindication of the Petition of the Lords Spiritual and Temporal for the Calling of a Free Parliament . THIS D●fence is grounded upon three Fundamental Principles : I. The Right of Petitioning . II. The Necessity . III. The Duty . I. It is the undoubted Right of the Subjects to Petition , being founded upon an Act of Parliament , and the highest Reason in the World ; for that is a very monstrous Government , where the People must not approach their King , and acquaint him with their Grievances . The People have the greatest Property in the Land , and therefore the most concern'd when a Foreign Enemy is upon it ; their Welfare is the Supream Law , and yet they must not desire to meet in order to consult their own Preservation . The Jesuits ( the sworn Enemies to the English Nation ) will take care of us , and our Posterity ; therefore why should we trouble our selves at this Juncture ? They can levy Mony with a Proclamation , they can dispense with all Laws , and what should we do with a Parliament , when the whole Statute-Book serves for no other End but to wipe the Tails of these Reverend Satyrs , who fly into their Dens and Thickets , at the very sound of a House of Commons ? II. The Necessity , and that an indispensible one : The Government turn'd Topsy-Turvy , no Law , no Rule , all in a state of War ; all Treaties broken , all Obligations ceas'd ; and yet the People must not come together to know why or wherefore they Fight , or how they may avoid destroying one another ; they must hack and cut one another to pieces blindfold , and to no other End , but to save the Iesuits , and the Knaves , and to ruin themselves : But the most Reverend Bishops are told , that they shall have a Free Parliament as soon as ever the Prince of Orange has quitted this Realm ; that is , such a Free Parliament as they were like to have had before the Prince came hither , shuffl'd , cut , and pack'd , by Mr. Brent and his Missionaries ; or perhaps ten times worse , or rather none at all : for the Church of Rome is grown such an infamous Bankrupt , that no Body will trust her further than they can command her : She may be compar'd to the Tyger , which fawns , sneaks , and lurks , as long as the Hunter is arm'd with his Spear and his Gun ; but when once the Weapons are laid down , the Beast flies upon the unwary Forester , tears and devours him . III. The Duty : For what better Office could those pious Prelats and Patriots of their Country do for the Publick-Good , than to make all People Friends , to save the Lives of many Thousands , and to heal all our Wounds and Sores , which they of the Roman Faith have inflicted upon a People too kind and good natur'd for such ravenous Monsters , who go about seeking whom they may devour . France , Ireland , Hungary , and the Valleys of Piedmont are still reeking with the Blood of their poor innocent Preys , and ecchoing with the Lamentations of a People ruin'd , by trusting these Crocodiles too much ; and if God in his infinite Mercy had not watch'd over these Kingdoms , and sent a Gabriel to guard them , they had certainly fallen a Victim to the intollerable Pride , the lawless Fury , and untractable Barbariety of a sort of Animals , call'd Catholicks , subtile and treacherous by Custom and Discipline , not to be chain'd by any Law , either of God or Man ; and therefore every Body knows how far we may rely upon them , when the Arch-Angel leaves us . Exeter , Nov. 21. 1688. Extract of the States General their Resolution . Thursday , 28th October , 1688. UPon mature Deliberation , it is found sit , and resolved , that notice be given to all their Ministers abroad , of all the Reasons which induce their H. and M. to assist the Prince of Orange , going over to England in Person with Ships and Forces , with Orders to the said Ministers to make use thereof in the several Courts where they reside , as they shall think most convenient ; and that it be also writ to the said Ministers , that it is known to all the World that the English Nation hath a good while very much murmured and complained , that the King ( no doubt with the Evil Counsel , and Inducement of his Ministers ) had gained upon their Fundamental Laws , and laboured through the violation thereof ; and by the bringing in the Roman Catholick Religion , to oppress their Liberty , and to ruine the Protestant Religion , and to bring all under an Arbitrary Government : That as this inverted and unjust Conduct was carried on more and more , and the Apprehensions thereupon were still greater , and that thereby such Diffidence and Aversion was stirred up against the King , that nothing was to be expected in that Kingdom but general Disorder and Confusion . His Highness the Prince of Orange , upon the manifold Representations , and the reiterated and earnest Desire which was made to His Highness by several Lords , and other Persons of great Consideration in that Kingdom ; as also upon the account that Her Royal Highness , and His Highness Himself , are so highly concerned in the Welfare of that Kingdom , could not well endure that through Strife and Disunion they should run the danger , however it went , of being excluded from the Crown , held himself obliged to watch over the Welfare of that Kingdom , and to take care thereof ; and also had the thoughts of assisting the Nation , and giving them a helping-hand , upon so many just and good Grounds , against the Government that oppressed them in all manner of ways that lay in his Highness's Power , for that His Highness was perswaded that the Welfare of this State ( the Care whereof is also entrusted to him ) was in the highest manner concerned , that the said Kingdom might continue in Tranquillity , and that all misunderstanding between the King and the Nation might be taken away . That His Highness well knowing , that to succeed in so Important and Laudable a Cause , and not to be hindred and prevented by those that were evil inclined towards it , it was necessary to pass over into that Kingdom accompanied with some Military Forces , hath thereupon made known his Intentions to their Highnesses , and desired Assistance from their Highnesses , that their Highnesses having maturely weighed all things , and considered that the King of France and Great Britain stood in very good Correspondence and Friendship one with the other , which their Highnesses have been frequently very well assured of , and in a strict and particular Alliance ; and that their Highnesses were informed and advertised , that their Majesties had laboured upon a Concert , to divide and separate this State from its Alliances ; and that the King of France hath , upon several occasions , shew'd himself dissatisfied with this State , which gave cause to fear and apprehend that in case the King of Great Britain should happen to compass his Aim within his Kingdom , and obtain an absolute Power over his People , that then both Kings , out of Interest of State , and Hatred and Zeal against the Protestant Religion , would endeavour to bring this State to Confusion , and if possible , quite to subject it , have resolved to commend His Highness in his undertaking of the above said Designs , and to grant to him for his Assistance , some Ships and Militia , as Auxiliaries ; that in pursuance thereof , His Highness hath declared to their Highnesses , that he is resolved , with God's Grace and Favour , to go over into England , not with the least insight or intention to invade or subdue that Kingdom , or to remove the King from his Throne , much less to make himself Master thereof , or to invert or prejudice the Lawful Succession , as also not to drive thence , or persecute the Roman Catholicks , but only and solely to help that Nation in re-establishing the Laws and Priviledges that have been broken , as also in maintaining their Religion and Liberty ; and to that end , to further and bring it about , that a free and lawful Parliament may be call'd in such manner , and of such Persons , as are regulated and qualified by the Laws and Form of that Government ; and that the said Parliament may deliberate upon , and establish all such Matters as shall be judged necessary to assure and secure the Lords , the Clergy , Gentry , and People , that their Rights , Laws and Priviledges , shall be no more violated or broken , that their High and Mightinesses hope and trust , that with God's Blessing , the Repose and Unity of that Kingdom shall be re-established , and the same be thereby brought into a Condition to be able , powerfully to concur to the common benefit of Christendom , and to the restoring and maintaining of Peace and Tranquillity in Europe . That Copies hereof be delivered to all their Foreign Ministers residing here , to be used by them as they shall see occasion . The P. O's Letter to the English Army . Gentlemen and Friends , VVE have given you so full , and so true an Account of our Intentions , in this Expedition in our Declaration , that as we can add nothing to it , so we are sure you can desire nothing more of us . We are come to preserve your Religion , and to restore and establish your Liberties and Properties ; and therefore we cannot suffer our selves to doubt but that all true English-Men will come and concur with us , in our desire to secure these Nations from POPERY and SLAVERY . You must all plainly see , that you are only made use of as Instruments to enslave the Nation , and ruine the Protestant Religion , and when that is done , you may judg what ye your selves ought to expect , both from the cashiering of all the Protestant and English Officers and Souldiers in Ireland , and by the Irish Souldiers being brought over to be put in your places ; and of which you have seen so fresh an Instance , that we need not put you in mind of it . You know how many of your fellow-Officers have been used for their standing firm to the Protestant Religion , and to the Laws of England , and you cannot flatter your selves so far as to expect to be better used , if those who have broke their word so often , should by your means be brought cut of those Straits to which they are reduced at present . We hope likewise , that you will not suffer your selves to be abused by a false Notion of Honour , but that you will in the first place consider , what you owe to Almighty God and your Religion , to your Country , to your Selves , and to your Posterity , which you , as Men of Honour , ought to prefer to all private Considerations and Engagements whatsoever . We do therefore expect , that you will consider the Honour that is now set before you , of being the Instruments of serving your Country , and securing your Religion , and we will ever remember the Service you shall do Us upon this Occasion , and will promise unto you , that We shall place such particular Marks of our Favour on every one of you , as your Behaviour at this time shall deserve of Us , and the Nation ; in which we will make a great Distinction of those that shall come seasonably to joyn their Arms with Ours , and you shall find us to be Your Well-wishing , and Assured Friend , W. H. P. O. An Account of a wicked Design of Poysoning the PRINCE of Orange before he came out of Holland . ALSO A Relation from the City of Orange of a strange METEOR , representing a Crown of Light , that was there seen in the Air , May the 6 th , 1688. In a Letter from a Gentleman in Amsterdam , to his Friend in London , Octob. 1. 1688. SIR , THE two inclosed Relations are sent me from an Eminent Divine , now at the Hague , you will do well to make them publick : The poysoning Business I doubt not but was contriv'd by a sort of Men that in all Ages stick at nothing to carry on their Bloody Religion . An Account of a Design of Poisoning the PRINCE of ORANGE . THere is a Man of Lunenburg Wolfenbuttel , who being fallen in Debt in Amsterdam , upon his Father's Death , his Brother taking no Care of him , was put in Prison and brought extream low ; yet he was brought out by the means of a Friend : And soon after a Man who pretended to know him , and to have seen him before , ( though the German believes he never saw him ) seem'd to take pitty on him , seeing him in a Coffee-House , and gave him a Ducatoon , and promised he should never want ; so he entred into a great familiarity with him , but would never let him know where he lodged , only he gave him Appointments in Coffee-Houses , and Taverns , and fed him from time to time with Mony : At last , after some weeks , he drew him into a secret Walk in the Grounds that are not yet built , and ask'd him if he had a Heart to do a bold Thing ? The German said he had , if it were not such a Thing as might bring him to a Scaffold . The other said , There was no Danger , only it would require a little hardiness . Then he ask'd an Oath of the German , That he would either do that which he was to propose to him , or presently go out of the Country . The German said , He could not go out of the Country , for he had no Mony : And then he gave him eight Ducats in Gold , and then he he swore the Oath : So the other proposed to him the poysoning the Prince of Orange : that startled him , but apprehending he should be killed if he refused it , he undertook it . The other told him , That in the last Age Men had tried Stabbing or Shooting , but these were dangerous Things , Poisoning was a safe and sure way : He added , That he should have 3000 Pistols in hand , and a Fortune besides . The German ask'd , From whom ? The other , who called himself Corne , and spoke French like a Stranger , but the German cannot judg what Nation he was of ; the other , I say , said to him , That if he had the Mony , he was not concern'd to know from whence it came . In short , he made a Proposition to the German , giving him a Quill with a Water in it , carefully stop'd , and told him , that he ( the German ) lodged in the House of an inconsiderable Man , of whom no regard would be had ; and if he would cut the Quill , so that one drop of the Liquor fell into any thing that his Landlord was to drink , he would be certainly dead before to Morrow ; and if he would begin with him , one should come to him to such a place to Morrow , having a white Feather in his Hat , who should deliver him 1500 Pistols , and instruct him how to manage the Poisoning the Prince , which he should find would be easy and safe ; then upon his going on he should have the rest of the Mony. The German went Home , but was struck with Horror , and so resolved to keep that part of his Oath of going out of the Country ; yet he shew'd another his Gold , and told him of his going Home : But from Osnaburgh he writ to one about the Prince ; this happned in the beginning of March last . So he was desired to come back , which he did , and the Matter being brought into the Court of Holland , upon an Oath of Secresy , Mr. Halewyn Deputy of Dort , and another , were sent with him to Amsterdam ; they found many collatoral Confirmations of part of his Story ; but no such Man could be seen in all the Places where he had met with him formerly ; the German came to the Hague , and being in the Fair , seeing one of the Shews , and a Dane with him ▪ as they came out in a huge Crowd , the German complain'd that one struck him on the Breast with a Battoon : But this was not minded till they were quite out , and he found one had struck at him , as it seems , with a Stilletto under the left Pap , his Cloak and Coat were cut , and the Wound proved but a slight Scratch : the Quill with the Poison in it sealed , is in the Court. It seems , a German was thought a fit Tool , being of a Nation that would not be easily suspected ; and the putting it on a Lutheran would have been thought a Master-piece . I give you this Account , which I will Answer for , to satisfy some of your Friends , both Here and in England , who will perhaps desire to know the Certainty of this Matter . A Relation from the City of Orange , of a Crown of LIGHT that was there seen in the Air , the 6 th of May , 1688. ON the 6 th of May , 1665 , when his Royal Highness , the Prince of Orange , took Possession of that Principality , and whilst his Deputy Mr. Ziulechem was taking the Oath of Allegiance of all the People in the Prince's Name ; which was done in the Fields , in the Enclosure of the old Roman Cirque that yet remains ; over the Chair of State that was set there for the Prince , a Crown of Light appear'd in the Air , and hover'd over the Chair above an hour : And now this Year , 1688 , the same day of the Month , in the same place , the like Crown appear'd and continued there three Hours , all the People of Orange looking on ; all the difference between this Years Crown , and that of 1665 , being , that this had an Edg of Red about it . This is written from Orange by an Old Professor of Physick , that is past sixty , and not apt to take Things upon Trust ; he writes , that he himself , as well as all the Town , look'd on it for above two Hours with great admiration of that strange Meteor . An Account of that strange Meteor in 1665 , is relat●d by Aitrema in his 5 th Tome , fol. 595. well attested , and he is a good Author . Lord Del — r's Speech . THE occasion of this , is to give you my Thoughts upon the present Conjuncture , which concerns not only you , but every Protestant , and Free-born Man of England , I am confident , that wishes well to the Protestant Religion and his Country ; and I am perswaded , that every Man of you thinks both in danger , and now to lie at stake . I am also perswaded , that every Man of you will rejoice to see Religion and Property settled ; if so , then I am not mistaken in my Conjectures concerning you . Can you everhope for a better Occasion to root out POPERY and SLAVERY , than by joining with the P. of O. whose Proposals contain and speak the Desires of every Man that loves his Religion and Liberty ? And in saying this , I will invite you to nothing but what I will do my self ; and I will not desire any of you to go any further than I will move my self ; neither will I put you upon any Danger where I will not take share in it . I propose this to you , not as you are my Tenants , but as my Friends , and as you are Englishmen . No Man can love fighting for its own sake , nor find any Pleasure in Danger . And you may imagine , I would be very glad to spend the rest of my Days in Peace , I having had so great a share in Troubles ; but I see all lies at Stake , I am to chuse whether I will be a Slave and a Papist , or a Protestant and a Freeman ; and therefore the Case being thus , I shall think my self false to my Country , if I sit still at this time . I am of Opinion , that when the Nation is deliver'd , it must be by Force or by Miracle : It would be too great a presumption to expect the latter , and therefore our Deliverance must be by Force , and I hope this is the Time for it ; a Price is now put into our Hands , and if it miscarry for want of Assistance , our Blood is upon our own Heads ; and he that is passive at this Time , may very well expect that God will mock when the Fear of Affliction comes upon him , which he thought to avoid by being indifferent . If the K. prevails , farewel Liberty of Conscience , which has hitherto been allowed , not for the sake of the Protestants , but in order to settle Popery . You may see what to expect if he get the better ; and he hath lately given you , of this Town , a taste of the Method whereby he will maintain his Army . And you may see of what sort of People he intends his Army to consist ; and if you have not a mind to serve such Masters , then stand not by and see your Country-men perish , when they are endeavouring to defend you . I promise this on my Word and Honour , to every Tenant that goes along with me , That if he fall , I will make his Lease as good to his Family , as it was when he went from home . The thing then which I desire , and your Country does expect from you , is this , That every Man that hath a tollerable Horse , or can procure one , will meet me on Boden-Downs to morrow where I Randezvouz : But if any of you is rendred unable by reason of Age , or any other just Excuse , then that he would mount a fitter Person , and put five Pounds in his Pocket . Those that have not , nor cannot procure Horse , let them stay at home and assist with their Purses , and send it to me with a particular of every Man's Contribution . I impose on no Man , but let him lay his Hand on his Heart , and consider what he is willing to give to recover his Religion and Liberty ; and to such I promise , and to all that go along with me , that if we prevail , I will be as industrious to have him recompenced for his Charge and Hazard , as I will be to seek it for my self . This Advice I give to all that stay behind , That when you hear the Papists have committed any Out-rage , or any Rising , that you will get together ; for it is better to meet your Danger than expect it . I have no more to say , but that I am willing to lose my Life in the Cause , if God see it good , for I was never unwilling to die for my Religion and Country . Prince GEORGE'S LETTER TO THE KING . SIR , WIth a Heart full of Grief am I forced to write , that Prudence will not permit me to say to your Face . And may I e'er find Credit with your Majesty , and Protection from Heaven , as what I now do , is free from Passion , Vanity or Design , with which Actions of this Nature are too often accompanied . I am not ignorant of the frequent Mischiefs wrought in the World by factious Pretences of Religion ; but were not Religion the most justifiable Cause , it would not be made the most specious Pretence . And your Majesty has always shewn too uninterested a Sense of Religion , to doubt the just Effects of it in one whose Practices have , I hope , never given the World cause to censure his real Conviction of it , or his backwardness to perform what his Honour and Conscience prompt him to : How then can I longer disguise my just Concern for that Religion in which I have been so happily educated , which my Judgment throughly convinces me to be the best ; and for the Support of which I am so highly interested in my Native Country ? and is not England now by the most endearing Tie become so ? Whilst the restless Spirits of the Enemies of the REFORMED RELIGION , back'd by the cruel Zeal and prevailing Power of France , justly alarm and unite all the Protestant Princes of Christendom , and engage them in so vast an Expence for the support of it , can I act so degenerous and mean a part , as to deny my Concurrence to such worthy Endeavours for disabusing of your Majesty by the Reinforcement of those Laws , and Establishment of that Government , on which alone depends the well-being of your Majesty , and of the PROTESTANT RELIGION in Europe . This , Sir , is that irresistable and only Cause that cou'd come in Competition with my Duty and Obligations to your Majesty , and be able to tear me from you , whilst the same Affectionate Desire of serving you continues in me . Could I secure your Person by the Hazard of my Life ; I should think it could not be better emploied : And wou'd to God these your distracted Kingdoms might yet receive that satisfactory Compliance from your Majesty in all their justifiable Pretensions , as might upon the only sure Foundation , that of the Love and Interest of your Subjects , establish your Government , and as strongly unite the Hearts of all your Subjects to You , as is that of , SIR , Your Majesty's most Humble , and most Obedient Son and Servant . The Lord CHURCHIL'S LETTER to the KING . SIR , SInce Men are seldom suspected of Sincerity , when they act contrary to their Interests ; and though my dutiful Behaviour to your Majesty in the worst of Times , ( for which I acknowledg my poor Services much over-paid ) may not be sufficient to incline You to a charitable Interpretation of my Actions , yet I hope , the great Advantage I enjoy under Your Majesty , which I can never expect in any other Change of Government , may reasonably convince Your Majesty and the World , that I am acted by a higher Principle , when I offer that violence to my Inclination and Interest , as to desert Your Majesty at a time when your Affairs seem to challenge the strictest Obedience from all Your Subjects , much more from one who lies under the greatest personal Obligations imaginable to Your Majesty . This Sir , could proceed from nothing but the inviolable Dictates of my CONSCIENCE , and a necessary concern for my RELIGION ( which no good Man can oppose ) and with which I am instructed nothing ought to come in Competition ; Heaven knows with what partiality my dutiful Opinion of Your Majesty hath hitherto represented those unhappy Designs , which inconsiderate and self-interested Men have framed against Your Majesty's true Interest and the Protestant Religion . But as I can no longer joyn with such to give a pretence by Conquest to bring them to effect , so will I always with the hazard of my Life and Fortune ( so much Your Majesty's due ) endeavour to preserve Your Royal Person and Lawful Rights , with all the tender Concern and dutiful Respect that becomes , SIR , Your Majesty's most dutiful and most obliged Subject and Servant . The Princess ANNE of Denmark's LETTER to the QVEEN . MADAM , I Beg your pardon if I am so deeply affected with the surprising News of the Princes being gone , as not to be able to see You , but to leave this Paper to Express my humble Duty to the King and your Self ; and to let You know that I am gone to absent my self to avoid the King's Displeasure , which I am not able to bear , either against the Prince or my self : and I shall stay at so great a distance , as not to return before I hear the happy News of a Reconcilement : And as I am confident the Prince did not leave the King with any other Design , than to use all possible means for his Preservation ; so I hope You will do me the Justice to believe that I am uncapable of following him for any other End. Never was any one in such an unhappy Condition , so divided between Duty and Affection , to a Father , and a Husband ; and therefore I know not what to do , but to follow one to preserve the other . I see the general falling off of the Nobility and Gentry , who avow to have no other End , than to prevail with the King to secure their Religion , which they saw so much in danger by the Violent Counsels of the Priests ; who to promote their own Religion , did not care to what Dangers they exposed the King : I am fully perswaded that the Prince of Orange designs the King's Safety and Preservation , and hope all things may be composed without more Bloodshed , by the Calling a Parliament . God grant a happy End to these Troubles , that the King's Reign may be prosperous , and that I may shortly meet You in perfect Peace and Safety ; till when , let me beg You to continue the same favourable Opinion that you have hitherto had of , Your most Obedient Daughter and Servant , ANNE . A MEMORIAL OF THE Protestants of the Church of England Presented to their Royal Highnesses the Prince and Princess of ORANGE . YOur Royal Highnesses cannot be ignorant that the Protestants of England , who continue true to their Religion , and the Government established by Law , have been many ways troubled and vexed by restless Contrivances and Designs of the Papists , under pretence of the Royal Authority , and things required of unaccountable before God and Man ; Ecclesiastical Benefices and Preferments taken from them , without any other Reason but the King's Pleasure ; that they have been summoned and sentenced by Ecclesiastical Commissioners , contrary to Law , deprived of their Birth-Right in the free Choice of their Magistrates and Representatives ; divers Corporations dissolved ; the Legal Security of our Religion and Liberty , established and ratified by King and Parliament , annull'd and overthrown by a pretended Dispensing Power ; new and unheard-of Maxims have been preached , as if Subjects had no Right but what depends on the King's Will and Pleasure . The Militia put into the Hands of Persons not qualified by Law ; and a Popish Mercenary Army maintained in the Kingdom in Time of Peace , absolutely contrary to Law : The Execution of the Law against several high Crimes and Misdemenours superceded and prohibited ; the Statutes against Correspondence with the Court of Rome , Papal Jurisdiction , and Popish Priests , suspended ; that in Courts of Justice those Judges are displaced who dare acquit them whom the K. would have condemned , as happened to Judg Powel and Holloway for acquitting the seven Bishop● : Liberty of chusing Members of Parliament ( notwithstanding all the Care taken , and Provision made by Law on that behalf ) wholly taken away by Quo Warranto's served against Corporations , and the three known Questions . All things carried on in open view for the Propagation and Growth of Popery ; for which the Courts of England and France have so long jointly laboured with so much Application and Earnestness . Endeavours used to perswade your Royal Highnesses to consent to Liberty of Conscience and abrogating the Penal Laws and Tests , wherein they fell short of their Aim . That they most humbly implore the Protection of your Royal Highnesses , as to the suspending and Incroachments made upon the Law for maintenance of the Protestant Religion , our Civil and Fundamental Rights and Priviledges ; and that your Royal Highnesses would be pleased to insist , that the Free Parliament of England , according to Law , may be restored , the Laws against Papists , Priests , Papal Jurisdiction , &c. put in Execution , and the Suspending and Dispensing Power declared null and void ; the Rights and Priviledges of the City of London , the free Choice of their Magistrates , and the Liberties as well of that as other Corporations restored , and all things returned to their ancient Channel , &c. THE PRINCE of ORANGE HIS DECLARATION of Novemb. 28. 1688. WE have in the course of our whole Life , and more particularly by the apparent Hazards both by Sea and Land , to which We have so lately exposed our Person , given to the whole World so high and undoubted Proofs of our fervent Zeal for the Protestant Religion , that we are fully confident no true English-man , and good Protestant , can entertain the least Suspicion of our firm Resolution , rather to spend our dearest Blood , and perish in the Attempt , than not carry on the blessed and glo●ious . Design , which by the Favour of Heaven we have so successfully begun , to rescue England , Scotland , and Ireland from Slavery and Popery , and in a Free Parliament to establish the Religion , the Laws and the Liberties of those Kingdoms , upon such a sure and lasting Foundation , that it shall not be in the Power of any Prince for the future to introduce Popery and Tyranny . Towards the more easy Composing this great Design , We have not been hitherto deceived in the just Expectation we had of the Concurrence of the Nobility , Gentry , and People of England with Us , for the Security of their Religion , the Restitution of the Laws , and Re-establishment of their Liberties and Properties : Great Numbers of all Ranks and Qualities having joined themselves to us ; and others at great Distances from Us , have taken up Arms and declared for Us. And , which we cannot but particular mention , in that Army which was raised to be the Instrument of Slavery and Popery , many ( by the special Providence of God ) both Officers and Common Souldiers , have been touched with such a feeling Sense of Religion and Honour , and of true Affection for their Native Country , that they have already deserted the Illegal Service they were ingaged in , and have come over to Us ; and have given Us full Assurance , from the rest of the Army , that they will certainly follow this Example , as soon as with our Army we shall approach near enough to receive them , without the Hazard of being prevented and betray'd . To which End , and that We may the sooner execute this just and necessary Design We are ingaged in for the Publick Safety and Deliverance of these Nations , We are resolved , with all possible Diligence , to advance forward , that a Free Parliament may be forthwith called , and such Preliminaries adjusted with the King , and all Things first settled upon such a Foot according to Law , as may give Us and the whole Nation just Reason to believe the King is disposed to make such necessary Condescentions on his part , as will give intire Satisfaction and Security to all , and make both King and People once more Happy . And that we may effect all this , in the way most agreeable to our Desires , if it be possible , without the Effusion of any Blood , except of those execrable Crimin●als who have justly forfeited their Lives for betraying the Religion , and Subverting the Laws of their Native Country , We do think fit to declare , that as we will offer no Violence to any but in our own Necessary Defence ; so we will not suffer any Injury to be done to the Person even of a Papist , provided he be found in such Place , and in such Condition and Circumstances as the Laws require . So we are resolved and do declare that all Papists , who shall be found in open Arms , or with Arms in their Houses , or about their Persons , or in any Office or Imployment Civil or Military , upon any Pretence whatsoever , contrary to the known Laws of the Land , shall be treated by Us and our Forces not as Souldiers and Gentlemen , but as Robbers , Free-Booters and Banditti ; they shall be incapable of Quarter , and intirely delivered up to the Discretion of our Souldiers . And We do further declare that all Persons who shall be found any ways aiding and assisting to them , or shall march under their Command , or shall joyn with or submit to them in the Discharge or Execution of their Illegal Commissions or Authority , shall be looked upon as Partakers of their Crimes , Enemies to the Laws , and to their Country . And whereas we are certainly informed that great Numbers of Armed Papists have of late resorted to London and Westminister , and parts adjacent , where they remain , as we have reason to suspect , not so much for their own Security , as out of a wicked and barbarous Design to make some desperate Attempt upon the said Cities , and their Inhabitants , by Fire , or a sudden Massacre , or both ; or else to be the more ready to joyn themselves to a Body of French Troops , designed , if it be possible , to land in England , procured of the French King , by the Interest and Power of the Jesuits in Pursuance of the Engagements , which at the Instigation of that pestilent Society , his most Christian Majesty , with one of his Neighbouring Princes of the same Communion , has entred into for the utter Extirpation of the Protestant Religion out of Europe . Though we hope we have taken such effectual care to prevent the one , and secure the other , that by God's Assistance , we cannot doubt but we shall defeat all their wicked Enterprises and Designs . We cannot however forbear , out of the great and tender Concern we have to preserve the People of England , and particularly those great and populous Cities , from the cruel Rage and bloody Revenge of the Papists , to require and expect from all the Lord-Lieutenants , Deputy-Lieutenants , and Justices of Peace , Lord-Mayors , Mayors , Sheriffs , and all other Magistrates , and Officers Civil and Military , of all Counties , Cities Towns of England , especially of the County of Middlesex , and Cities of London and Westminster , and Parts adjacent , that they do immediately Disarm and Secure , as by Law they may and ought , within their respective Counties , Cities , and Jurisdictions , all Papists whatsoever , as Persons at all Times , but now especially most dangerous to the Peace and Safety of the Government , that so not only all Power of doing Mischief may be taken from them , but that the Laws , which are the greatest and best Security , may resume their Force , and be strictly Executed . And We do hereby likewise declare , that We will Protect and Defend all those who shall not be afraid to do their Duty in Obedience to these Laws . And that for those Magistrates and others , of what condition soever they be , who shall refuse to assist Us , and in Obedience to the Laws , to Execute vigorously what We have required of them , and suffer themselves at this Juncture to be cajoled or terrified out of their Duty , We will esteem them the most Criminal and Infamous of all Men , Betrayers of their Religion , the Laws , and their Native Country , and shall not fail to treat them accordingly ; resolving to expect and require at their Hands the Life of every single Protestant that shall perish , and every House that shall be burnt or destroyed by their Treachery and Cowardise . William Henry , Prince of Orange . By his Highness special Command , C. HUYGENS. Given under our Hand and Seal , at our Head-quarters at Sherburn-Castle , the 28 th day of November , 1688. FINIS . A SECOND Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. An Enquiry into the Measures of Submission to the Supreme Authority ; and of the Grounds on which it may be lawful or necessary for Subjects to defend their Religion , Lives , and Liberties . II. An Answer to a Paper , intituled , Reflections on the Prince of Orange's Declaration . III. Admiral Herbert's Letter to all Commanders of Ships and Seamen in his Majesty's Fleet. IV. An Engagement of the Noblemen , Knights and Gentlemen at Exeter , to assist the Prince of Orange in the Defence of the Protestant Religion , Laws and Liberties of the People of England , Scotland , and Ireland . V. The Declaration of the Nobility , Gentry , and Commonalty at the Rendezvous at Nottingham , Novemb. 22. 1688. VI. The Duke of Norfolk's Speech to the Mayor of Norwich on the first of December instant , in the Market-place of Norwich . VII . The Address of the Lord Dartmouth , and the Commanders of his Majesty's Fleet , giving his Majesty hearty Thanks for calling a Parliament to settle the Realm both in Church and State. Printed in the Year , 1688. AN ENQUIRY Into the Measures of SUBMISSION TO THE SUPREAM AUTHORITY : And of the Grounds upon which it may be lawful or necessary for Subjects to defend their Religion , Lives , and Liberties . THis Enquiry cannot be regularly made , but by taking in the first place , a true and full view of the nature of Civil Society , and more particularly of the nature of Supream Power , whether it is lodged in one or more Persons ? 1. It is certain , That the Law of Nature has put no difference nor subordination among Men , except it be that of Children to Parents , or of Wives to their Husbands ; so that with Relation to the Law of Nature , all Men are born free : and this Liberty must still be supposed entire , unless so far as it is limited by Contracts , Provisions and Laws . For a Man can either bind himself to be a Servant , or sell himself to be a Slave , by which he becomes in the power of another , only so far as it was provided by the Contract : since all that Liberty which was not expresly given away , remains still entire : so that the Plea for Liberty always proves it self , unless it appears that it is given up or limited by any special Agreement . II. It is no less certain , that as the Light of Nature has planted in all Men a Natural Ptinciple of the Love of Life , and of a desire to preserve it ; so the common Principles of all Religion agree in this , that God having set us in this World , we are bound to preserve that Being , which he has given us , by all just and lawful ways . Now this Duty of Self-preservation is exerted in Instances of two sorts ; the one are , in the resisting of violent Aggressors ; the other are the taking of just Revenges of those , who have invaded us so secretly , that we could not prevent them , and so violently that we could not resist them : In which cases the Principle of self-Preservation warrants us , both to recover what is our own , with just Damages , and also to put such unjust Persons out of a Capacity of doing the like Injuries any more , either to our selves , or to any others . Now in these Instances of Self-Preservation , this difference is to be observed ; that the first cannot be limited by any slow Forms , since a pressing Danger requires a vigorous Repulse , and cannot admit of Delays ; whereas the second , of taking Revenges , or Reparations , is not of such haste , but that it may be brought under Rules and Forms . III. The true and Original Notion of Civil Society and Government , is , that it is a Compromise made by such a Body of Men , by which they resign up the Right of demanding Reparations , either in the way of Justice against one another , or in the way of War , against their Neighbours ; to such a single Person , or to such a Body of Men as they think fit to trust with this . And in the management of this Civil Society , great distinctions is to be made , between the Power of making Laws for the regulating the Conduct of it , and the Power of executing those Laws : The Supream Authority must still be supposed to be lodged with those who have the Legislative Power reserved to them , but not with those who have only the Executive ; which is plainly a Trust , when it is separated from the Legislative Power ; and all Trusts , by their nature import , that those to whom they are given , are accountable , even though that it should : not be expresly specified in the words of the Trust it self . IV. It cannot be supposed , by the Principles of Natural Religion , that God has authorised any one Form of Government , any other way than as the general Rules of Order , and of Justice , oblige all Men not to subvert Constitutions , nor disturb the Peace of Mankind , or invade those Rights with which the Law may have vested some Persons : for it is certain , that as private Contracts lodg or translate private Rights ; so the Publick Laws can likewise lodg such Rights , Prerogatives and Revenues in those under whose Protection they put themselves , and in such a manner , that they may come to have as good a Title to these , as any private Person can have to his Property : so that it becomes an Act of high Injustice and Violence to invade these : which is so far a greater Sin than any such Actions would be against a private Person , as the publick Peace and Order is preferrable to all private Considerations whatsoever . So that in Truth , the Principles of Natural Religion , give those that are in Authority no Power at all , but they do only secure them in the Possession of that which is theirs by Law. And as no Considerations of Religion can bind me to pay another more than I indeed owe him , but do only bind me more strictly to pay what I owe ; so the Considerations of Religion do indeed bring Subjects under stricter Obligations to pay all due Allegiance and Submission to their Princes , but they do not at all extend that Allegiance further than the Law carries it . And though a Man has no Divine Right to his Property , but has acquired it by human means , such as Succession , or Industry , yet he has a Security for the Enjoyment of it , from a Divine Right ; so tho Princes have no immediate Warrants from Heaven , either for their Original Titles , or for the extent of them , yet they are secured in the Possession of them by the Principles and Rules of Natural Religion . V. It is to be considered , that as a private Person can bind himself to another Man's Service , by different degrees , either as an ordinary Servant for Wages , or as one appropriate for a longer time , as an Apprentice ; or by a total giving himself up to another , as in the case of Slavery : in all which cases the general Name of Master may be equally used , yet the degrees of his Power , are to be judged by the nature of the Contract : so likewise Bodies of Men can give themselves up in different degrees to the Conduct of others : and therefore though all those may carry the same Name of King , yet every ones Power is to be taken from the measures of that Authority which is lodged in him , and not from any general Speculations founded on some Equivocal Terms , such as King , Sovereign , or Supream . VI. It is certain , that God , as the Creator and Governour of the World , may set up whom he will to rule over other Men : But this Declaration of his Will must be made evident by Prophets , or other extraordinary Men sent of him , who have some manifest proofs of the Dvine Authority that is committed to them on such occasions , and upon such Persons declaring the Will of God in favour of any others , that Declaration is to be submitted to and obeyed . But this pretence of a Divine Delegatation , can be carried no further than to those who are thus expresly marked out , and is unjustly claimed by those who can prove no such Declaration to have been ever made in favour of them or their Families . Nor does it appear reasonable to conclude from their being in Possession , that it is the Will of God that it should be so , this justifies all Usurpers when they are successful . VII . The measures of Power , and by consequence of Obedience , must be taken from the express Laws of any State or Body of Men , from the Oaths that they swear , or from immemorial Prescription , and a long Possession , which both give a Title , and in a long Tract of Time make a bad one become good , since Prescription , when it passes the Memory of Man , and is not disputed by any other Pretender , gives by the common Sense of all Men a just and good Title : so upon the whole matter , the degrees of all Civil Authority are to be taken either from express Laws , immemorial Customs , or from particular Oaths , which the Subjects swear to their Princes : this being still to be laid down for a Principle , that in all the Disputes between Power and Liberty , Power must allways be ●roved , but Liberty proves it self ; the one being founded on●y upon a Positive Law , and the other upon the Law of Nature . VIII . If from the general Principles of Human Society , and Natural Religion , we carry this matter to be examined by the Scriptures , it is clear that all the Passages that are in the Old Testament , are not to be made use of in this matter of neither side . For as the Land of Canaan was given to the Iews by an immediate Grant from Heaven ; so God reser●●● still this to himself , and to the Declarations that he shoul●●●●●ke from time to time , either by his Prophets , or by the Answers that came from the Cloud of Glory that was between the Cherubims , to set up Judges or Kings over them , and to pull them down again as he thought fit . Here was an express Delegation made by God , and therefore all that was done in that Dispensation , either for or against Princes , is not to be made use of in any other State that is founded on another Bottom and Constitution , and all the Expressions in the Old Testament relating to Kings , since they belong to Persons that were immediately designed by God , are without any sort of Reason applied to those who can pretend to no such Designation , neither for themselves nor for their Ancestors . IX . As for the New Testament , it is plain , that there are no Rules given in it , neither for the Forms of Government in general , nor for the degrees of any one Form in particular , but the general Rules of Justice , Order and Peace , being established in it upon higher Motives , and more binding Considerations , than ever they were in any other Religion whatsoever , we are most strictly bound by it to observe the Constitution in which we are ; and it is plain , that the Rules set us in the Gospel can be carried no further . It is indeed clear from the New Testament , that the Christian Religion as such , gives us no grounds to defend or propagate it by force . It is a Doctrine of the Cross , and of Faith , and Patience under it : And if by the order of Divine Providence , and of any Constitution of Government , under which we are born , we are brought under Sufferings for our professing of it , we may indeed retire and fly out of any such Country if we can ; but if that is denied us , we must then , according to this Religion , submit to those Sufferings under which we may be brought , considering that God will be glorified by us in so doin● , and that he will both support us under our Sufferings , and glo●iously reward us for them . This was the State of the Christian Religion , during the three first Centuries , under Heathen Emperors , and a Constitution in which Paganism was establish'd by Law. But if by the Laws of any Government , the Christian Religion , or any Form of it , is become a part of the Subjects Property , it then falls und●●●●other Consideration ; not as it is a Religion , but as it is become one of the principal Rights of the Subjects to believe and profess it : and then we must judg of the Invasions made on that , as we do of any other Invasion that is made on our other Rights . X. All the Passages in the New Testament that relate to Civil Government , are to be expounded as they were truly meant , in opposition to that false Notion of the Iews , who believed themselves to be so immediately under the Divine Authority , that they could not become the Subjects of any other Power , particularly of one that was not of their Nation , or of their Religion ; therefore they thought they could not be under the Roman Yoke , nor bound to pay Tribute to Cesar , but judged that they were only subject out of Fear , by reason of the force that lay on them , but not for Conscience sake : And so in all their Dispersion , both at Rome and elsewhere , they thought they were God's Freemen , and made use of this pretended Liberty as a Cloak of Maliciousness . In opposition to all which , since in a course of many Years , they had asked the Protection of the Roman Yoke , and were come under their Authority , our Saviour ordered them to continue in that , by his saying , Render to Cesar that which is Cesar 's ; and both St. Paul in his Epistle to the Romans , and St. Peter in his general Epistle , have very positively condemned that pernicious Maxim , but without any formal Declarations made of the Rules or Measures of Government . And since both the People and Senate of Rome had acknowledged the Power that Augustus had indeed violently usurped , it became Legal when it was thus submitted to , and confirmed both by the Senate and People : and it was established in his Family by a long Prescription , when those Epistles were writ : So that upon the whole Matter , all that is in the New Testament upon this Subject , imports no more , but that all Christians are bound to acquiesce in the Government , and submit to it , according to the Constitution that is setled by Law. XI . We are then at last brought to the Constitution of our English Government : so that no general Considerations from Speculations about Sovereign Power , nor from any Passages , either of the Old and New Testament , ought to determine us in this Matter ; which must be fixed from the Laws and Regulations that have been made among us . It is then certain , that with Relation to the Executive part of the Government , the Law has lodged that singly in the King ; so that the whole administration of it is in him ; but the Legislative Power is lodged between the King and the two Houses of Parliament ; so that the Power of making and repealing Laws , is not singly in the King , but only so far as the two Houses concur with him . It is also clear , that the King has such a determined extent of Prerogative , beyond which he has no Authority : As for Instance , If he levies Mony of his People , without a Law impowring him to it , he goes beyond the Limits of his Power , and asks that to which he has no Right : So that there lies no Obligation on the Subject to grant it ; and if any in his Name use Violence for the obtaining it , they are to be looked on as so many Robbers , that invade our Property ; and they being violent Aggressors , the Principle of Self-Pres●rvation seems here to take place , and to warrant as violent a Resistance . XII . There is nothing more evident , than that England is a Free Nation , that has its Liberties and Properties reserved to it , by many positive and express Laws : If then we have a Right to our Property , we must likewise be supposed to have a Right to preserve it : for those Rights are by the Law secured aginst the Invasions of the Prerogative , and by consequence we must have a Right to preserve them against those Invasions . It is also evidently declared by our Law , that all Orders and Warrants that are issued out in opposition to them , are null of themselves ; and by consequence , any that pretend to have Commissions from the King for those Ends , are to be considered as if they had none at all ; since those Commissions being void of themselves , are indeed no Commissions in the Construction of the Law ; and therefore those who act in vertue of them , are still to be considered as private Persons who come to invade and disturb us . It is also to be observed , that there are some Points that are justly disputable and doubtful , and others that are so manifest , that it is plain that any Objections that can be made to them , are rather forced Pretences , than so much as plausible Colours . It is true , if the Case is doubtful , the Interest of the publick Peace and Order ought to carry it ; but the Case is quite different , when the Invasions that are made upon Liberty and Property , are plain and visible to all that consider them . XIII . The main and great Difficulty here , is , that though our Government does indeed assert the Liberty of the Subject , yet there are many express Laws made , that lodg the Militia singly in the King , that make it plainly unlawful , upon any Pretence whatsoever , to take Arms against the King , or any Commissioned by him : And these Laws have been put in the Form of an Oath , which all that have born any Employment , either in Church or State , have sworn ; and therefore those Laws for the assuring our Liberties , do indeed bind the King's Conscience , and may affect his Ministers ; yet since it is a Maxime of our Law , that the King can do no wrong , these cannot be carried so far as to justify our taking Arms against him , be the Transgressions of Law ever so many and so manifest . And since this has been the constant Doctrine of the Church of England , it will be a very heavy Imputation on us , if it appears , that though we held those Opinions , as long as the Court and Crown have favoured us , yet as soon as the Court turns against us , We change our Principles . XIV . Here is the true Difficulty of this whole Matter , and therefore it ought to be exactly considered : First , All general Words , how large soever , are still supposed to have a tacit Exception and reserve in them , if the Matter seems to require it . Children are commanded to obey their Parents in all things : Wives are declared by the Scripture , to be subject to their Husbands in all things , as the Church is unto Christ : And yet how comprehensive soever these words may seem to be , there is still a reserve to be understood in them ; and though by our Form of Marriage , the Parties swear to one another till Death them do part , yet few doubt but that this Bond is dissolved by Adultery , though it is not named ; for odious things ought not to be suspected , and therefore not named upon such occasions : But when they fall out , they carry still their own force with them . 2. When there seems to be a Contradiction between two Articles in the Constitution , we ought to examin which of the two is the most Evident , and the most Important , and so we ought to fix upon it , and then we must give such an accommodating sense to that which seems to contradict it , that so we may reconcile those together . Here then are two seeming Contradictions in our Constitution ; The one is the Publick Liberty of the Nation ; the other is the Renouncing of all Resistance , in case that were invaded . It is plain , that our Liberty is only a thing that we enjoy at the King's Discretion , and during his Pleasure , if the other against all Resistance is to be understood according to the utmost extent of the Words . Therefore since the chief Design of our whole Law , and of all the several Rules of our Constitution , is to secure and mai●tain our Liberty , we ought to lay that down for a Conclusion , that it is both the most plain and the most important of the two . And therefore the other Article against Resistance ought to be so softned as that it do not destroy us . 3. Since it is by a Law that Resistance is condemned , we ought to understand it in such a sense as that it does not destroy all other Laws : And therefore the intent of this Law , must only relate to the Executive Power , which is in the King , and not to the Legislative , in which we cannot suppose that our Legislators , who m●de that Law , intended to give up that , which we plainly see they resolved still to preserve entire , according to the Ancient Constitution . So then , the not resisting the King , can only be applied to the Executive Power , that so upon no pretence of ill Administrations in the Execution of the Law , it should be lawful to resist him ; but this cannot with any reason be extended to an Invasion of the Legislative Power , or to a total Subversion of the Government . For it being plain , that the Law did not design to lodg that Power in the King , it is also plain , that it did not intend to secure him in it , in case he should set about it . 4. The Law mentioning the King , or those Commissioned by him , shews plainly , that it only designed to secure the King in the Executive Power : for the word Commission necessarily imports this , since if it is not according to Law , it is no Commission ; and by Cons●quence , those who act in virtue of it , are not Commissionated by the King in the Sense of the Law. The King likewise imports a Prince clo●hed by Law with the Regal Prerogative ; but if he goes to subvert the whole Foundation of the Government , he subverts that by which he himself has his Power , and by consequence he ann●ls his own Power ; and then he ceases to be King , having endeavoured to destroy that upon which his own Authority is founded . XV. It is acknowledged by the greatest Assertors of Monarchial Power , that in some Cases a King may fall from his Power , and in other Cases that he may fall from the Exercise of it . His Deserting his People ; his going about to enslave , or sell them to any other ; or a furious going about to destroy them , are in the opinion of the most Monarchial Lawyers , such Abuses , that they naturally divest those that are guilty of them , of their whole Authority . Infancy or Phrenzy do also put them under the Guardianship of others . All the Crowned Heads of Europe have , at least secretly , approved of the putting the late King of Portugal under a Guardianship , and the keeping him still a Prisoner for a few Acts of Rage , that had been fatal to a very few Persons : And even our Court gave the first countenance to it , though of all others the late King had the least reason to have done it , at least last of all , since it justified a younger Brother's supplanting the Elder ; yet the Evidence of the Thing carried it even against Interest . Therefore if a King goes about to subvert the Government , and to overturn the whole Constitution , he by this must be supposed , either to fall from his Power , or at least from the Exercise of it , so far as that he ought to be put under Guardians ; and according to the Case of Portugal , the next Heir falls naturally to be the Guardian . XVI . The next Thing to be considered , is to see in Fact whether the Foundations of this Government have been struck at , and whether those Errors that have been perhaps committed , are only such Maleversations as ought to be imputed only to human Frailty , and to the Ignorance , Inadvertencies , or Passions to which all Princes may be subject , as well as other Men. But this will best appear , if we consider what are the Fundamental Points of our Government , and the chief Securities that we may have for our Liberties . The Authority of the Law is indeed all in one word , so that if the King pretends to a Power to dispense with Laws , there is nothing left upon which the Subject can depend ; and yet as if the Dispensing Power were not enough , if Laws are wholly suspended for all Time coming , this is plainly a repealing of them , when likewise the Men , in whose Hands the Administration of Justice is put by Law , such as Judges and Sheriffs , are allowed to tread all Laws under-foot , even those that infer an Incapacity on themselves if they violate them ; this is such a breaking of the whole Constitution , that we can no more have the Administration of Justice , so that it is really a Dissolution of the Government ; since all Trials , Sentences , and the Executions of them , are become so many unlawful Acts , that are null and void of themselves . The next Thing in our Constitution , which secures to us our Laws and Liberties , is a Free and Lawful Parliament . Now , not to mention the breach of the Law of Triennial Parliaments , it being above three Years since we had a Session that enacted any Law ; Methods have been taken , and are daily a taking , that render this impossible . Parliaments ought to be chosen with an entire Liberty , and without either Force or Preingagements : whereas if all Men are required before-hand to enter into Engagements how they will vote if they are chosen themselves , or how they will give their Voices in the Electing of others ? This is plainly such a preparation to a Parliament , as would indeed make it no Parliament , but a Cabal , if one were chosen , after all that Corruption of Persons who had preingaged themselves , and after the Threating and Turning out of all Persons out of Imploiments who had refused to do it : And if there are such daily Regulations made in the Towns , that it is plain those who manage them , intend at last to put such a number of Men in the Corporations , as will certainly chuse the Persons who are recommended to them . But above all , if there are such a number of Sheriffs and Mayors made over England , by whom the Elections must be conducted and returned , who are now under an Incapacity by Law , and so are no legal Officers , and by cons●quence those Elections that pass under their Authority are null and void : If , I say , it is clear that things are brought to this , then the Government is dissolved , because it is impossible to have a Free and Legal Parliament in this state of things . If then both the Authority of the Law , and the Constitution of the Parliament are struck at and dissolved , here is a plain Subversion of the whole Government . But if we enter next into the particular Branches of the Government , we will find the like Disorder among them all . The Protestant Religion , and the Church of England make a great Article of our Government , the latter being secured , not only of old by Magna Charta , but by many special Laws made of late ; and there are particu●ar Laws made in K. Charles the First , and the late King's Time , securing them from all Commissions that the King can raise for ●udging or Censuring them . If then in opposition to this , a Court so condemned is ercted , which proceeds to Judg and Censure the Clergy , and even to disseise them of their Free-holds , without so much as the form of a Trial , though this is the most indispensable Law of all those that secures the Property of England ; and if the King pretends that he can require the Clergy to publish all his Arbitrary Declarations , and in particular one that strikes at their whole Settlement , and has ordered Process to be begun against all that disobey'd this illegal Warrant , and has treated so great a number . of the Bishops as Criminals , only for representing to him the Reasons of their not obeying him ; If likewise the King is not satisfied to profess his own Religion openly , though even that is contrary to Law , but has sent Ambassadors to Rome , and received Nuncio's from thence , which is plainly Treason by Law ; If likewise many Popish Churches and Chappels have been publickly opened ; if several Colledges of Iesuits have been set up in divers parts of the Nation , and one of the Order has been made a Privy Counsellor , and a principal Minister of State : And if Papists , and even those who turn to that Religion , though declared Traitors by Law , are brought into all the chief Imploiments , both Military and Civil ; then it is plain , That all the Rights of the Church of England , and the whole Establishment of the Protestant Religion are struck at , and design'd to be overturned ; since all these Things , as they are notoriously illegal , so they evidently demonstrate , That the great Design of them all , is the rooting out of this Pestilent Heresy , in their stile , I mean , the Protestant Religion . In the next place , If in the whole course of Justice , it is visible that there is a constant practising upon the Judges , that they are t●rned out upon their varying from the Intentions of the Court ; and if Men of no Reputation nor Abilities are ●ut in their places ; If an Army is kept up in time of Peace , ●●d Men who withdraw from that illegal Service , are hanged up as Criminals , without any colour of Law , which , by consequence , are so many Murders ; and if the Souldiery are connived at and encouraged in the most enormous Crimes , that so they may be thereby prepared to commit greater ones , and from single Rapes and Murders proceed to a Rape upon all our Liberties , and a Destruction of the Nation : If , I say , all these things are true in Fact ; then it is plain , that there is such a Dissolution of the Government made , that there is not any one part of it left sound and entire : And if all these things are done now , it is easie to imagine what may be expected , when Arbitrary Power , that spares no Man , and Popery that spares no Heretick , are finally established : Then we may look for nothing but Gabelles , Tailles , Impositions , Benevolences , and all sorts of Illegal Taxes ; as from the other we may expect Burnings , Massacres , and Inquisitions . In what is doing in Scotland we may gather what is to be expected in England ; where if the King has over and over again declared , that he is vested with an Absolute Power , to which all are bound to obey without reserve , and has upon that annulled almost all the Acts of Pa●liament that passed in K. Iames I. Minority , though they were ratified by himself when he came to be of Age , and were confirmed by all the subsequent Kings , not excepting the present . We must then conclude from thence , what is resolved on here in England , and what will be put in Execution as soon as it is thought that the Times can bear it . When likewise the whole Settlement of Ireland is shaken , and the Army that was raised , and is maintained by Taxes that were given for an Army of English Protestants , to secure them from a new Massacre by the Irish Papists , is now all filled with Irish Papists , as well as almost all the other Imployments ; it is plain , that not only all the British Protestants inhabiting that Island , are in daily danger of being butchered a second time , but that the Crown of England is in danger of losing that Island , it being now put wholly into the Hands and Power of the Native Irish ▪ who as they formerly offered themselves up sometimes to the Crown of Spain , sometimes to the Pope , and once to the Duke of Lorrain , so are they perhaps at this present treating with another Court for the Sale and Surrender of the Island , and for the Massacre of the English in it . If thus all the several Branches of our Constitution are dissolved , it might be at least expected that one 〈◊〉 should be left entire , and that is the Regal Dignity : But ●●●cer●●ng the Birth of the supposed Prince of Wales , no Proofs ●●re ever given either to the Princess of Denmark , or to any oth●● Protestant Ladies , in whom we ought to repose any Con●●●●●ce that the Queen was ever with Child ; that whole Matter b●●●g managed with so much Mysteriousness , that there were violent and publick Suspicions of it before . But the whole Contrivance of the Birth , the sending away the Princess of Denmark , the sudden shortning of the Reckoning , the Queen 's sudden going to St. Iames's , her no less sudden pretended Delivery ; the hurrying the Child into another Room without shewing it to those present , and without their hearing it cry ; and the mysterious Conduct of all since that time ; no Satisfaction being given to the Princess of Denmark upon her Return from the Bath , nor to any other Protestant Ladies , of the Queen's having been really brought to Bed. These are all such evident Indications of an Imposture in this Matter , that as the Nation has the justest Reason in the World to doubt of it , so they have all possible Reason to be at no quiet till they see a Legal and Free Parliament assembled , which may impartially , and without either Fear or Corruption , examine that whole Matter . If all these Matters are true in Fact , then I suppose no Man will doubt , that the whole Foundations of this Government , and all the most sacred Parts of it , are overturned . And as to the Truth of all these Suppositions , that is left to every Englishman's Judgment and Sense . An ANSWER to a PAPER , intituled , Reflections on the Prince of ORANGE's Declaration . IT seems a strange piece of Arrogance that any Man should reflect on a Declaration , because it does not begin as he would have it ; that is , with a Manifestation of our Clandestine League with France , whereby an Army of Frenchmen , together with our Papists , Irish , and other Mercenaries , might establish Popery in England . The Reflector ought to have consider'd , that a Clandestine League , tho' it may be very notorious to its Existence and Effects , may likewise be very difficult to prove , according to the meaning of the word Clandestine . But that there is such a one , we have the Testimony of the King of France , in a Memorial delivered to the States of Holland ; and though it has been since disowned by our Court , and Mr. Skelton upon it committed to the Tower ; his short Confinement , and sudden Advancement to a Regiment , shews that his Disgrace was but a trick of State : It is also an inconsequential way of Arguing , that because the Prince does not begin his Declaration with it , therefore there is no such League , things of that high consequence being easier and better carried on by secret Messages , than Writings under Hand and Seal . 2. In his second Reflection , he tells us the Prince had needed less Apology , if he had pretended only to have come to deliver the King from Evil Counsellours , and to ingage him further in the Interest of Europe ; forgetting the Prince does declare to us he comes for that end , tho' not singly , and brought over his Army to secure him from the Rage and Fury of those Evil Counsellours . His next Quarrel is , that the Prince uses the Stile , Of We and Vs within His Majesties Dominions ; a thing , I believe , ordinary enough in Great Princes , when they speak , or write to their Inferiours . The Prince of Orange is General of a great & numerous Army , Admiral of a vast Fleet , State-holder to a High and Mighty Common-wealth , and consequently , too great to speak in the Stile of a Private Person ; so that Rewarding , Punishing , Commanding , Advancing , may very naturally fall within his Power . Nor is it any Crime to endeavour the calling of a Free Parliament , and settling the Nation , tho by ways and methods unusual in our days , nothing being more frequent in our Histories , than for our Barons , with Arms in their Hands , to compel their Kings to call and hearken to their Parliaments : But now there being a standing Army of fourty thousand Mercenaries in the Land , it was grown a Crime to petition for a Parliament , and a Folly to expect a free one , new Charters and Corporations , and a general Nomination of incompetent Magistrates , having taken the Election of Members for Parliament out of those Hands , the Laws of the Land , and Memorial Custom , had intrusted with them . According to the new Scheme designed by those Upstart and Popish Counsellours , no Man was to Elect , or be Elected for Parliament , that would not ingage , as far as in them lay , to take away the Penal Laws and Test ; nay , those wicked Counsellors prevailed yet farther upon his Majesty ; and he that pardoned so many of his Enemies , was not suffered to forgive his best Friends , and most Loyal Subjects a Refusal or Excuse in that particular . That the Prince will send back his Army , seems to some a strong presumption that he will not stay behind , since even our own lawful King thinks himself not safe without an Army of Mercenaries in his own Kingdom . From a strain'd Phrase or two , Of We and Vs , Require and Command , sometimes used in his Declaration , to infer , That the Prince of Orange intends to make himself King of England , seems to all rational Men a very captious and unsatisfactory way of arguing , and a very unjust Calumny cast upon so great a Prince , since more than once in express terms , he declares he has no design upon his Majesty's Crown or Person , so that all that Reproach falls to the Ground . 3. In his third Reflection , he tells us the Prince wants a clear Call , and that a Son against a Father , a Nephew against and Unkle , a Neighbour against a Neighbour , cannot be such : That he is a Son-in-Law , and a Nephew to his Present Majesty , gives the Prince a fair and just pretence to interpose in our Affairs : had he been a Foreigner , as our Reflector terms him , it might have look'd like an intended Conquest ; had he not been a Neighbour , it had been Impossible for him to have afforded us this seasonable Assistance . But some think , that where Attempts are made to introduce the Catholick Religion , by a Conspiracy against the Laws that secure and establish the Protestant Religion and the Test , that only can keep the Papists out of the Government : And to carry on this Conspiracy the better , the old Charters are taken away under pretence of Forfeiture and Surrender ; new ones granted , such as might bring Elections within the Power of those Evil Counsellors ; Papists upon the Bench , a Jesuit in the Council , and whole Troops of them in the Army : 'T was high time for a Protestant Prince , that had so near relation to the Crown of England , to look about him , and choose rather to be censured by our Reflector , and such as he , for entering upon the Stage a little before his time , than be justly reproach'd and curs'd to the End of the World , by all such as love the Protestant Religion , and ancient Government of England , for appearing too late in their Defence . The Example of Henry the Fourth of France , may teach us how hard it is for a Protestant Prince to obtain his Right , where the Catholick Religion is predominant ; nor was the new Armour of Popery he put on at last , sufficient to defend the old Protestant against the Stab of a Jesuited Novitiate . 4. His fourth Reflection acquaints us , the Protestant Religion is at once expos'd and hazarded ; for if the King prevail , what can the Prince of Orange's sort of Protestants expect at his Hands , which are indeed all sorts of Protestants that I know of , for the Presbyterians , Independants , Phanaticks , Church-of-England - Men , are in his Army : 'T is fair warning , and I hope God will give the Protestants Grace to make the right use of it : As for their changing Masters , 't is a Chimera of his own , and utterly foreign to the Declaration he pretends to reflect upon . Lest we should forget , he remind● us with that admirable Demonstration of , I say , that the whole Protestant Religion is at stake ; for which I heartily thank our worthy Reflector , for tho it be very true , we had not seen it in Print but for him . 5. In his fifth Reflection , he tells us that some Laws are better broken than kept , which will not be easily granted ; 't is indeed true , that some Laws were better be repealed than continued : But then they must be null'd by the same Power they were constituted , and not by any part of it in contradiction to the whole . His instance is , That Christianity could not have been introduc'd had the Pagan Laws been executed ; by which Parallel he would warrant Popery to be the true Christianity , and the Protestant the Heathen Persecutors ; Laws for Idolatry cannot bind , therefore Laws against it cannot ; a very strange Inference , and I allow that a Lawful Authority by exceeding their just Bounds , may act unlawfully , but the Legislative Power cannot , since all over the World the Supream Power ever was absolute , be it in one or more . He says , no Man is obliged to maintain a Religion that is not true , be it never so legally established : So that it is but saying the Protestant Religion is not true , and His Majesty , notwithstanding his repeated Ingagements , is no longer bound to protect it . For in the words of our Reflector 't is an Absurdity and Impiety to do so . 6. The sixth thing considerable in our Reflector is , his Defence of the Dispensing Power , and the use His Majesty , seduc'd by his Evil Councellors , makes of it ; which is no other than the setting aside of all our Laws made for the Security of the Protestant Religion ; but sure such a Prerogative can never be legally vested in the Crown , which , if admitted , were the destruction of all Law. Had those Evil Counsellors only prevailed with his Majesty , to have dispensed with the Penalties inflicted on Catholicks and other Dissenters , for serving of God according to their particular Consciences , though perhaps contrary to Law , the matter had never been complained of : But to put them into Places of the highest Trust , to make one Lieutenant of Ireland , another President of the Council , a third Lieutenenant General of the Tower , a fourth a Judg ; imploying numbers of them in the Army , Court , &c. is a Transgression of the Law , which is certainly very dangerous , if not immediately , yet inevitable in its Consequences to the Protestant Religion and Government , and therefore a Mischief remote only ( as an Egg is from a Chicken ) from the worthy Reflector's Malum in se , which he acknowledges this Dispensing Power extends not to . And the particular Catholicks breaking the Law in these Points , are without Excuse : For no Man is obliged in Conscience to be a Judg , a Priest , a Minister , a Privy-Councellor , a Courtier , or a Souldier in time of Peace , contrary to the Laws of the Land. Nor do those Laws deprive the King of the Service of any of his Subjects absolutely ; since all Men , if they please , may capacitate themselves for Imployment . If the High-Commission-Court be at an end , Magdalen-Colledge and the Bishop of London restored , we may in all appearance thank the Honesty and Caution of some of its worthy Members , and the Noise of what our Reflector calls the Prince of Orange's Invasion ; though some will say , a Descent upon England made by a Prince of the Blood , Married to the Eldest Daughter of the present King , upon the Invitation of many Lords both Spiritual and Temporal , and of the considerable Gentry , Commonalty of all Counties , might have deserved a fairer Name . Nor ought any Man to complain if his honest Neighbour break violently into his House at a time when his Family cry out Fire or Murther ; the common Obligation of Humanity , and a due care of their own Preservation , exact no less of them . But this Paper is not intended for a Vindication of the Prince , I will therefore return to my Reflector again , who undertakes for all good Protestants that they only refus'd to repeal the Test , by reason of the Security it affords to their Religion . As if they had cast off all care of their Civil Concerns , and were only intent upon Religious Affairs , so as to consent to give his Majesty a Majority of Papists in the House of Lords ; by which he might have two Negative Voices upon all Laws to be offer'd : and an House of Pears ready to repeal the Habeas Corpus Bill , and such Statutes as any ways seem to incumber what Papists think his Majesties Prerogative , of which they maintain the Dispensing Power to be an Essential Part ; and well they may , since it is the very Power , by which he maintains them in Places and Imployments : So that by leave of my worthy Reflector , the Considerations of Religion , tho they are the principal , are not the only Reasons , that have determined all good Protestants to a Non-concurrence with his Majesty in the Repeal of the Test. 8. In his eighth Reflection he tells us , That Chappels are places of Devotion ; so are Turks Mosques , and the Iews Synagogues , yet no good Christian but would be offended to see them multiply'd and encouraged , either in his own , or his Neighbours Country . 9. In his ninth he tells us , The King was content the Test should remain . I answer , These Evil Counsellors were not content the Test should remain , but sent their Regulators and other Agents , to threaten , promise , remove and change the Magistrates in all Corporations in order to the procuring Members of Parliament , such as were to enter the House under solemn Promises , and firm Resolutions , to take off the Penal Laws and Test , notwithstanding all the weighty , nay , convincing Arguments they might meet with there to the contrary : A desperate sort of Senators , and fitter for Catalines Conspiracies than an English Parliament . Nor did these Evil Counsellors cease to sollicit even Knights of the Shire , till the general Indignation their Proposals met with , together with the Noise of the Prince of Orange's Preparations , frightned them from a further prosecution of their enormous Attempts . He ingenuously confesses the seizing of Charters to have been a fault , so there is no Contest between us on that Point ; but he adds , That the Prince of Orange has nothing to do with it ; now others think him highly concern'd in it ; for if , according to Sir Thomas Moore , Rex Potest Iuriper Parta mentem & potest & destrui ; or according to the Opinion of latter Times , a Parliament may make a Bill of Exclusion ; a Prince that has so near a Relation to the Crown of England , ought not to suffer any foul play in the calling together such an Assembly as may null his Title , or preclude him of his Right to the Crown in time to come . 'T is true , the Counsel for seizing Charters was given in the last King's Reign , and most of them then seized , but no Man can deny but some have been condemned and seized in the Reign of his present Majesty , and restored not till the Apprehension of the aforesaid Invasion ; so that we are promised a Free Parliament , only because they cannot put one of their own framing upon us . 10. His tenth Paragraph needs no answer . 11. In his eleventh , he tells us there were but two Papist Judges , as if the Laws were not broken unless the Judges were all Papists ; or that Judges sitting contrary to Law could give a Legal Sentence . Both these defects he supposes supplied by the Dispensing Power , a Power sufficiently baffled by those Gentlemen of the long Robe of Counsel for the Bishops , and not defended by either Judges or Counsel on the other side ; for which two of the Judges , Iones and Holloway , lost their places on the Bench. 12 , 13. His twelfth and thirteenth concern Ireland and Scotland , and therefore I will leave them untouch'd , to the Gentlemen of those Nations , who best understand , and are most sensible of the Oppressions they are under . 14. In his fourteenth , he pleads the Validity of the King's Declaration for Liberty of Conscience , tho' that pretended Prerogative has been discuss'd and baffled in Parliament , within these few years , and deserted as such by His late Majesty ; he affirms , that the King , as Head of the Church , might oblige the Bishops to cause the Declaration to be read in the Churches , which if they had complied with , in the Opinion of many good Protestants , they had precluded themselves of their Votes in Parliament against it ; for with what Forehead could they Vote against the Declaration , when they caused it to be read in their Churches ? An Act amounting to no less than maintaining , or owning , the Dispensing Power . 15. In his fifteenth , he allows the Prince and Princess of Orange , have , in terms full of respect , signified to the King their deep regret which all these things have given them , and their Thoughts abour Repealing the Test and Penal Laws as an Expedient of Peace ; but blames him , it seems , for doing all this so respectfully and privately , and would rather had it done by a Manifesto , that some of the Prince's Friends might be imprisoned for delivering it , as Captain Lenham is for bringing over the Declaration . He tells us next , the King has come up almost to Fagel's Letter , which was the Declaration of their Minds , viz. The Church-of - England-Test , and Laws of Supremacy to remain ; then urging the King's Concessions , which may be observ'd to bear date only from the report of the Prince's Preparations for England . 16. He tells us in his sixteenth , That the Prince thinks a Free Parliament to be the last and great Remedy for these Evils ▪ but complains these Wicked Counsellors are against it , for fear of being called to Account , that they had preingaged Voices to take off the Penal Laws and the Test ; and regulated Corporations and Burroughs , that so they might assure themselves of the Members of Parliament . He allows the Charge , but says , What has all this to do with the King ? No Man says it has , and the Prince only requires the removal and punishment of those Evil Counsellors in a Free Parliament . 17. Next our Reflector tells , That there never was a Parliament absolutely Free , but that Drink , Mony , and other Evil Arts , have had a great sway in Elections . This is true , but no reason that we should consent to a General or Fundamental Corruption of our Elections , because we cannot avoid some few and casual Ones . Then he would have had the Prince have desired the King to have laid aside those Evil Counsellors , as if it were not Notorious , that the Princes dislike of some Men has been their ready way to Preferment in our Court ; and Embassadors for Holland have been , of late , chosen out of those he has most aversion for ; as if these Wicked Counsellors feared nothing so much as a good Understanding between His Majesty and the Prince of Orange . 19. In the nineteenth he tells , The Prince and Princess of Orange's Question concerning the Birth of the Prince of Wales , saying , That during the Queen's pretended Bigness , and in the manner in which the Birth was managed , there have appear'd so many just and visible grounds of Suspicion , that not only the Prince himself , but all good Subjects in England , do vehemently suspect that the pretended Prince of Wales was not born of the Queen . 20. Next our Reflector tells us , That the Prince ought to have writ to the King for a private satisfaction in this Matter , which the King would no doubt have given in the manner that all reasonable Men do when they are examined against themselves . All Men allow the imputation of such an Imposture , to be a great Reflection on their present Majesties . But some think they have in a great measure drawn it upon themselves , by omitting to have those Witnesses by , and those Methods observed , that our Laws require to prove the Birth of a Legitimate Prince of Wales : 'T is not perhaps enough to say , that there were as many Witnesses , and as good Proof of it as the Law exacts ; still the Question returns , Why not the same Persons ? a Legal Proof admits of no Equivolent . Our Reflector will not deny , but that there has been common Fame all over Europe , that this Prince of Wales was not Born of the Body of her Majesty , and common belief of it among Protestants ; this of it self were enough to make the next Heir to the Crown look about , and move every Stone that the Matter might be examined by impartial Methods in a Free Parliament , which is all that the Prince and Princess of Orange aims at ; for their Proofs to the contrary , 't is not to expected they should acquaint the World with them before the Trial. 22. In his two and twentieth Reflection on the eighteenth Paragraph , where the Prince says , He was invited to this Expedition by many Lords , both Spiritual and Temporal , and many Gentlemen , and Subjects of all Ranks : Our Reflector is pleased to tell him he is mistaken , as Monmouth was . Notwithstanding those eminent Peers , Gentry and Commonalty of all sorts that are already in his Camp , and such as are going daily , as well Souldiers as others ; nor considering the great number of the Nobility that are in the Country and have not been examin'd , and that such as were examin'd here in Town , did no more than answer , Not Guilty to the Charge of High-Treason : So that there are more Nobility and Gentry with him than with his Majesty . In his three and twentieth Reflection on the 19 th and 20 th Paragraph , where the Prince refers all to a free Parliament ; our Reflector says it belongs not to him , to refer other Mens business ; as if the Prince had no relation to the Crown : Then tells us we are already in possession of what the Prince promises us ; as if the Catholicks were all out of imployment , the Dispensing power given up , no standing Army , no apprehensions of Popery and Arbitrary Power , and a Free Parliament for redressing of Grievances of all kinds in being . 24. In the twenty fourth Reflection on the three last Paragraphs of the Princes Declaration , he tells us , The Prince has a manifest design upon the-Crown , because he summons the Nobility , Gentry and People of England to his Standard : And if so , who must stay with the King ? To that may be answered , All such as believe the Prince of Orange has brought this Army , and intends to make War upon England to subdue it to his meer will and pleasure , trample all Laws , both Divine and Humane , under his Fleet , dethrone his present Majesty , and make himself King ; they will stay and fight for him , or at least to the best of their power , in some other manner assist and help him : On the contrary part , such as believe the Prince means nothing of all this , but brought over his Army only the better to assist the Nobility , Gentry , and People of England , upon their earnest desires , and frequent solliciations , and reiterated complaints , in the recovering of the old Legal way of choosing Members for Parliament , which by Illegal new Charters , on pretended Forfeitures , was in a ready way to be for ever lost ; in rescuing all the Laws of England from the devouring Jaws of a Dispensing Power ; in reducing Popery within those bounds the Law has prescribed it , which , like an Inundation , had so over-flowed its Banks , that our Religion and Government were in peril to be swallowed up by it ; and finally , to redress these and all other grievances , if for these and no other ends or concerns Men think the Prince has landed here , such Men will take his part , espouse his quarrel , and contribute to his success : and in these cases every Man will judg for himself , as they did in our late Civil Wars . Again , he charges the Prince with a design of Conquest ; which not only the Prince himself disclaims throughout his Declaration , and will hereafter disown in all his Manifesto's ; but the States of Holland , who have so vigorously assisted , and engaged themselves with all their Power and Credit , to maintain him in this Attempt , have assur'd us he left Holland under high and solemn Protestations to the contrary . All this is , I hope , sufficient to dash the strain'd inferences of an inconsiderable Reflector . As for that impudent Calumny of Perjury he endeavours to fix upon the Prince , it needs no other refutation than a serious consideration of the Charge it self ; his Words are , The Prince of Orange swore to the States of Holland never to be their State-holder , tho' it were offered him , and yet is now that very State-holder he swore never to be on any terms . Now let any reasonable Man consider , whether it be possible a Wise State should by an Oath given him , disable the Prince of Orange from being their State-holder , tho' Circumstances and times should so change , that their immediate preservation and very existence of their State should require him to accept , and execute that Office. For his personal Reflections towards the latter end , I think very Impertinent , and only fit to be buried in Contempt . Thus having followed my tedious Reflector through his twenty four Reflections , I take my leave of him , reserving the Princes farther Vindication to some time when I shall be more at leisure to write , and people willinger to read , than they can be under the present surprize , hourly expectation , and continual anxiety , for the event of this Heroick Enterprise . Admiral HERBERT's Letter to all Commanders of Ships and Sea-men in His Majesty's Fleet. Gentlemen , I Have little to add to what his Highness has express'd in general Terms , besides laying before you the dangerous Way you are at the present in , where Ruin or Infamy must inevitably attend you if you don't join with the Prince in the Common Cause , for the Defence of your Religion and Liberties ; for should it please God , for the Sins of the English Nation , to suffer your Arms to prevail , to what can your Victory serve you , but to enslave you deeper , and overthrow the True Religion , in which you have liv'd , and your Fathers dy'd ? Of which , I beg you , as a Friend , to consider the Consequences , and to reflect on the Blot and Infamy it will bring on you , not only now , but in all After-Ages , That by Your means the Protestant Religion was destroy'd , and your Country depriv'd of its Ancient Liberties : And if it pleases God to bless the Prince's Endeavours with Success , as I don't doubt but he will , consider then what their Condition will be that oppose him in this so good a Design , where the greatest Favour they can hope for , is , their being suffer'd to end their Days in Misery and Want , detested and despised by all good Men. It is therefore , and for many more Reasons too long to insert here , that I , as a true English-man and your Friend , exhort you to join your Arms to the Prince for the Defence of the Common Cause , the Protestant Religion , and the Liberties of your Country . It is what I am well assured the major and best part of the Army as well as the Nation will do so soon as convenience is offered . Prevent them in so good an Action whilst it is in your Power , and make it appear , That as the Kingdom hath always depended on the Navy for its Defence , so you will yet go further by making it , as much as in you lies , the Protection of her Religion and Liberties ; and then you may assu●● your selves of all Marks of Favour and Honour suitable to the Merits of so great and glorious an Action . After this I ought not add so inconsiderable a thing , , as that it will for ever engage me to be in a most particular manner , Your faithful Friend , and humble Servant , AR. HERBERT . Abord the Leyden , in the Gooree . AN ENGAGEMENT OF THE Noble-men , Knights , and Gentlemen at EXETER , to Assist the Prince of ORANGE in the defence of the Protestant Religion , Laws and Liberties of the People of England , Scotland and Ireland . WE do ingage to Almighty God , and to his Highness the Prince of Orange , and with one another , to stick firm to this Cause , and to one another in the Defence of it , and never to depart from it until our Religion , Laws , and Liberties are so far secured to us in a Free Parliament , that we shall be no more in danger of falling under Popery and Slavery . And whereas We are ingaged in the Common Cause under the Protection of the Prince of Orange , by which means his Person may be exposed to Danger , and to the desperate and cursed Designs of Papists , and other Bloody Men , We do therefore solmnly ingage to God and to one another , That if any such Attempts be made upon Him , We will pursue not only those that made them , but all their Adherents , and all we find in Arms against Us , with the utmost Seve●●ty of just Revenge in their Ruine and Destruction ; and that the executing any such Attempt ( which God of his Infinite Mercy forbid ) shall not deprive us from pursuing this Cause which we do now undertake , but that it shall encourage Us to carry it on with all the Vigor that so barbarous Approach shall deserve . The Declaration of the Nobility , Gentry , and Commonalty at the Rendezvous at Nottingham , Nov. 22. 1688. WE the Nobility , Gentry , and Commonalty of these Northern Counties assembled together at Nottingham , for the defence of the Laws , Religion , and Properties , according to those free-born Liberties and Priviledges , descended to us from our Ancestors , as the undoubted Birth-right of the Subjects of this Kingdom of England , ( not doubting but the Infringers and Invaders of our Rights will represent us to the rest of the Nation in the most malicious dress they can put upon us ) do here unanimously think it our Duty to declare to the rest of our Protestant Fellow-Subjects the Grounds of our present Undertaking . We are by innumerable Grievances made sensible , that the very Fundamentals of our Religion , Liberties , and Properties are about to be rooted out by our late Jesuitical Privy-Council , as hath been of late too apparent . 1. By the King's dispensing with all the Establish'd Laws at his pleasure . 2. By displacing all Officers out of all Offices of Trust and Advantage , and placing others in their room that are known Papists , deservedly made inc●pable by the Establish'd Laws of our Land. 3. By destroying the Charters of most Corporations in the Land. 4. By discouraging all persons that are not Papists , preferring such as turn to Popery . 5. By displacing all honest and conscientious Judges , unless they would , contrary to their Consciences , declare that to be Law which was meerly arbitrary . 6. By branding all Men with the name of Rebels that but offered to justify the Laws in a legal Course against the arbitrary proceedings of the King , or any of his corrupt Ministers . 7. By burthening the Nation with an Army , to maintain the Violation of the Rights of the Subjects . 8. By discountenancing the Establish'd Reformed Religion . 9. By forbiding the Subjects the benefit of Petitioning , and construing them Libellers ; so rendring the Laws a Nose of Wax , to serve their Arbitrary Ends. And many more such like , too long here to enumerate . We being thus made sadly sensible of the Arbitrary and Tyrannical Government that is by the Influence of Jesuitical Counsels coming upon us , do unanimously declare , That not being willing to deliver our Posterity over to such a condition of Popery and Slavery , as the aforesaid Oppressions inevitably threaten ; we will , to the utmost of our Power , oppose the same , by joining with the Prince of Orange ( whom we hope God Almighty hath sent to rescue us from the Oppressions aforesaid ) will use our utmost Endeavours for the recovery of our almost ruin'd Laws , Liberties , and Religion ; and herein we hope all good Protestant Subjects will with their Lives and Fortunes be assistant to us , and not be bugbear'd with the opprobrious Terms of Rebels , by which they would fright us , to become perfect Slaves to their tyrannical Insolencies and Usurpations ; for we assure our selves , that no rational and unbyassed Person will judg it Rebellion to defend our Laws and Religion , which all our Princes have sworn at their Coronations : Which Oath , how well it hath been observed of late , we desire a Free Parliament may have the consideration of . We own it Rebellion to resist a King that governs by Law , but he was always accounted a Tyrant that made his Will the Law ; and to resist such an one , we justly esteem no Rebellion , but a necessary Defence ; and in this Consideration we doubt not of all honest Mens Assistance , and humbly hope for , and implore the great God's Protection , that turneth the Hearts of his People as pleaseth him best ; it having been observed , That People can never be of one Mind without his Inspiration , which hath in all Ages confirmed that Observation , Vox Populi est Vox Dei. The pesent restoring of Charters , and reversing the oppressing and unjust Judgment given on Magdalen Colledge Fellows , is plain , are but to still the people , like Plums to Children , by deceiving them for a while ; but if they shall by this Stratagem be fooled , till this present storm that threatens the Papists , be past , assoon as they shall be resetled , the former Oppression will be put on with greater vigour : but we hope in vain is the Net spread in the sight of the Birds ; For ( 1. ) The Papists old Rule is , That Faith is not to be kept with Hereticks , as they term Protestants , tho' the Popish Religion is the greatest Heresy . And ( 2. ) Queen Mary's so ill observing her promises to the Suffolk-men that help'd her to her Throne . And above all , ( 3. ) the Popes dispensing with the breach of Oaths , Treaties , or Promises at his pleasure , when it makes for the service of Holy Church , as they term it . These , we say , are such convincing Reasons to hinder us from giving Credit to the aforesaid Mock-Shews of Redress , that we think our selves bound in Conscience to rest on no Security that shall not be approved by a freely Elected Parliament , to whom , under God , we refer our Cause . His Grace the Duke of NORFOLK's Speech to the Mayor of NORWICH on the First of December , in the Market-place of Norwich . Mr. MAYOR , NOT doubting but you and the rest of your Body , as well as the whole City and Country , may be allarmed by the great Concourse of Gentry , with the numerous Appearance of their Friends and Servants , as well as of your own Militia , here this Morning , I have thought this the most proper place , as being the most publick one , to give you an account of our Intentions . Out of the deep sense we had that in the present unhappy Juncture of Affairs , nothing we could think of was possible to secure the Laws , Liberties and Protestant Religion , but a Free Parliament ; WE ARE HERE MET TO DECLARE , that we will do our utmost to defend the same by declaring for such a Free Parliament . And since His Majesty hath been pleased ( by the News we hear this day ) to order Writs for a Parliament to sit the 15 th of Ianuary next , I● can only add in the Name of my Self and all these Gentlemen , and others here met , That we will ever be ready to support and defend the Laws , Liberties and Protestant Religion : And so GOD SAVE THE KING . To this the Mayor , Aldermen , and the rest of the Corporation , and a numerous Assembly did concur with his Grace , and the rest of the Gentry . His Grace at his lighting from his Horse , perceiving great numbers of Common People gathering together , called them to him , and told them , He desired they would not take any occasion to commit any Disorder or Outrage , but go quietly to their Homes ; and acquainted them that the King had ordered a Free Parliament to be called . TO THE KING's Most Excellent Majesty , The Humble Address of GEORGE Lord DARTMOUTH , Admiral of Your Majesties Fleet for the present Expedition , and the Commanders of Your Majesties Ships of War now actually at the Spitehead in Your Majesties Service under his Lordships Command . Most Dread Sovereign , THE deep sense we have had of the great Dangers your Majesties Sacred Person has been in , and the great Effusion of Christian Blood that threatned this your Majesties Kingdoms , and in probability would have been shed , unless God of his infinite Mercy had put it into your Majesties Heart to call a Parliament , the only means , in our opinion , under the Almighty , left to quiet the Minds of your People ; We do give your Majesty our most humble and hearty Thanks for your gracious Condescension , beseeching God to give your Majesty all immaginable Happiness and Prosperity , and grant that such Counsels and Resolutions may be promoted , as conduce to your Majesties Honor and Safety , and tend to the Peace and Settlement of this Realm both in Church and State , according to the Establish'd Laws of the Kingdom . Dartmouth . Berkley . Ro. Strickland . I. Berry . Io. Beverley . Iohn Leake . George S. Lo. Iohn Lacon . Fr. Wicell . Will. Davis . Iohn Munden . Tho. Legg . Tho. Leighton . St. Akerman . W. Cornwal . W. Ienning . Ioh. Clements . Io. Ashby . Rob. Wiseman . Iohn Ieniper . Will. Booth . Tho. Coale . R. D'Lavall . Tho. Iohnson . M. Aylmer . Fr. Frowde . Tho. Skelton . Ab. Potter . A. Hastings . Io. Montgomery . M. Tennant . Clo. Shovell . E. Dover . R. Weston . W. Botham . I. Tyrrel . St. Fairborne . Henr. Botler . William Pooley . Io. Fraseby . Ba. Wild. On board the Resolution , at Spitehead , Decemb. 1. 1688. FINIS . A THIRD Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. The Expedition of the Prince of Orange for England ; giving an Account of the most Remarkable Passages thereof , from the Day of his setting Sail from Holland , to the first Day of this Instant December . II. A further Account of the Prince's Army , in a Letter from Exon , Novemb. 24. III. Three Letters . 1. A Letter from a Jesuit of Leige , to a Jesuit at Friburg , giving an Account of the happy Progress of Religion in England . 2. A Letter from Father Petre to Father La Cheese . 3. The Answer of Father La Cheese to Father Petre. IV. Popish Treaties not to be rely'd on : In a Letter from a Gentleman at York , to his Friend in the Prince of Orange's Camp. Addressed to all Members in the next Parliament . Licensed and Entred according to Order . London printed , and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row , 1688. THE EXPEDITION Of His HIGHNESS the Prince of ORANGE For ENGLAND . Giving an Account of the most remarkable Passages thereof , from the Day of his setting Sail from Holland , to the first Day of this instant December , 1688. HIS Highness the Prince of Orange set Sail from Holland with 51 Men of War , 18 Fire-ships , and about 330 Tenders , being Ships hired of Merchants for the carriage of Horse and Foot , Arms , Ammunition , &c. The Fleet stood out at Sea to the Norward , which met with horrid Storms for two Days and two Nights together , in which bad Weather there were lost above 500 Horse , and a Vessel parted from the Fleet , wherein were 400 Foot , supposed to be lost , but now known to be arrived safe at the Texel , but grievously shatter'd and torn by the Storms ; two of the Prince's principal Men of War were forced to new Rigg at Helversluse . The Prince immediately , on his return back , inform'd the States of the condition of the Fleet , ( which was not so damnified as was represented by the Vulgar and Ignorant ) who thereupon , to lull a great Man asleep , the States , or some one employed by them , order'd , That the Harlem and Amsterdam Courantier should make a dismal Story of it , by representing to the World , that the Prince returned with his Fleet miserably shatter'd and torn , having lost nine Men of War , and divers others of less Concern ; 1000 Horse ruin'd ; a Calenture among the Sea-men ; the loss of Dr. Burnet , and the chief Ministers under the Prince ; the ill Opinion the States had of the Expedition : In short , that a 100000 l. would not repair the Dammage sustained ; and , almost next to an impossibility , that the Prince should be in a condition to pursue his Design till the Spring . And yet at the same time all hands were at work to repair the damaged Ships , which were inconfiderable ; so that in eight days time they were all re-fitted . The Signal being given by the discharge of a Gun , all the Fleet immediately weigh'd Anchor and stood out at Sea , steering their Course Norward all that Night ; next day , upon Tide of Ebb , they made a Stretch , and made a Watch above a League , and then stood Westward , and lay all Night in the same posture , not making two Leagues of Watch. In the middle of the Night , an Advice-Boat brought us an Account , that the English Fleet , consisting of 33 Sail , lay to the Westward of ours . Upon which the Prince fired a Gun , which caused a great Consternation in the whole Fleet , we having a brisk Easterly Wind , concluded themselves to be all ruin'd : But the small Advice-Boats crusing for a more certain Account of the English , brought us back word , That instead of the English Fleet , which the former Advice had alarm'd us with , it was Admiral Herbert with part of our Fleet , which had been separated some hours from the Body of the Fleet : Upon whose arrival , great rejoicing was among us all , and a Signal of Joy was given for it by the Prince . In the Morning , about Eight , the Prince gave a Signal , that the Admirals should come aboard him : Immediately after the whole Fleet was got into the North-foreland , upon which the Prince gave the usual Sign of Danger , ( according to the printed Book ) and ordered that the Fleet should all come up in a Body , some fifteen or sixteen deep , his Higness leading the Van , in the Ship Brill , ( in English , Spectacles ) : His Flag was English Colours ; the Motto impailed thereon , is , THE PROTESTANT RELIGION , AND LIBERTIES OF ENGLAND ; and underneath , instead of Diu & Mon Droit , AND I WILL MAINTAIN IT . The Council of War , from aboard the Prince , sent three small Frigats into the Mouth of the Thames , viz. the Porpus , Postilion , and Mercury ; who on their return , brought us word , That the English Fleet lay in the Buoy of the Nore , consisting of 34 Sail , and three more which lay in the Downs . The Wind continuing at E. N. E. The Prince immediately thereupon , gave another Signal of stretching the whole Fleet in a Line , from Dover to Callis , twenty five deep : So that our Fleet reached within a League of each place ; the Flanks and Reer were guarded by our Men of War. This sight would have ravish'd the most curious Eyes of Europe . When our Fleet was in its greatest splendour , the Trumpets and Drums playing various Tunes to rejoyce our Hearts ; this continued for above three hours . Immediately after the Prince gave us a Sign to close , and we sailed that night as far as Beachy , and commanded us to follow the Signal by Lights he had hung out to us , viz. all the small Sail should come up to him by morning . By the morning-day we espied the Isle of Wight , and then the Prince ordered the Fleet to be drawn into the same posture as before related : yet not stretching above half Channel over in this place . About five in the morning we made the Start , the Wind chopping about to the Westward ; upon which we stood fair by Dartmouth , and so made for Tor-bay , where the Prince again ordered the whole Fleet into the same posture as at Dover and Callis . Upon his arrival at Tor-bay , the People on Land , in great numbers , welcom'd his Highness with loud Acclamations of Joy. Immediately after the Prince gave two Signals , that the Admirals should come aboard him , which they did ; and then order'd , that the whole Fleet should come to an Anchor , and immediately Land ; and further order'd , that the Admirals should stand out at Sea as a Guard , as well as the smaller Men of War to Attend and Guard their Landing ; and also order'd six Men of War to run in to Guard Tor-bay . The Prince then put out a Red Flag at the Misen-yard-arm ; and provided to land in sixty Boats , laid ready for that purpose : Upon which the Prince signified , that General Mackay with his six Regiments of English and Scots should first Land ; and also , that the little Porpus with eighteen Guns should run a-ground to secure their Landing : But there was no Opposition ; for the People bid us Heartily Welcome to England ; and gave us all manner of Provisions for our Refreshment . The fifth of November ( a Day never to be blotted out of the English-man's Heart ) the Prince caused to be landed about 2000 : The Country bringing in all manner of Provision both for Man and Horse , and were paid their Price honestly for it . The Prince the same Day commanded Captain M — to search the Lady C — 's House , at Tor-Abby , for Arms and Horses ; and so all other Houses which were Roman Catholicks . The Lady entertained them civilly , said her Husband was gone to Plymouth : They brought from thence some Horses , and a few Arms , but gave no further Disturbance to the Lady or her House . Nor shall it be forgotten , what was faithfully acted at this Lady's House , immediately on our arrival at Torbay : There was a Priest , and some others with him were upon a Watch-Tower to discover what our Fleet was , whether French or Dutch : At last they discovered the White Flags on some of our Men of War ; the ignorant Priest concluded absolutely we were the French Fleet , which with great impatience they had so long expected ; and having laid up great Provisions for their Entertainment , the Priest ordered all to the Chappel to sing Te Deum for the arrival of their supposed Forces ; but being soon deceived , on our Landing , we found the benefit of their Provisions ; and instead of Vostre Serviture Monsieur , they were entertained with Yeen Mijnheere , Can you Dutch spraken ? Upon which they all ran away from the House , but the Lady and a few old Servants . Presently after the Prince of Orange's Landing , he sent a Quince to the Earl of Bath , which was supposed to intimate his coming in to him . The whole Army , to the best of my knowledg , consisted of about 30000 Horse and Foot , Volunteers , &c. The News of the Prince's landing was brought to the City of Exeter by several Expresses to the Earl of Bath : they landed all their Horse first of all , and after that the Foot , all the Army being ashore by Tuesday Three of the Clock in the Afternoon , all their Baggage , Provisions , and Ammunition being sent about for Topsham , where they were brought up by Water to this City , there was abundance landed with the Prince at Torbay for present Service in case they should need it . The Wednesday , being the 7 th currant , one Captain Hicks came to Town ( who is the Son of that worthy Divine Mr. Iohn Hicks the N. C. deceased ) and as soon as he came , the Mobile in very great numbers flocked to him to list themselves in the Service of the Prince of Orange , which the Mayor hearing of , sent for him and questioned with him , whether he had a Commission for what he did ? but he would produce none , nor give any account of the Prince's Design , upon which he was committed to Prison ; but the Concourse of People was so great about the Guild-Hall , that they would not suffer him to be carried away , so he remained there till next day in the Custody of two Constables , and was very nobly provided for by the Mayor ; Thursday the Lord Mordant with three or four Troops of Horse came to Town , and Dr. Burnet with him , and when they came to the Gate of this City it was shut against them , upon which the Lord Mordant commanded the Porter to open the Gate on pain of Death , which was presently set open , and being open , required him on the same Penalty not to shut it again : as soon as they were entred , the Lord M. went to the Hall , and set Captain Hicks at liberty , and inquired of his Usage , who gave the Lord M. a very large Character of the Mayor's Civility & Respect to him , upon which there was a Guinea given those that waited on him ; that Afternoon the Lord M. and Dr. Burnet waited on the Mayor to know if he would meet the Prince at the Gate , and govern the City under him ? which he excused , and told them he was under the Obligation of an Oath to his Majesty , and therefore desired the Prince would lay no Commands on him that should be prejudicial to his Conscience , and after some debate of the Matter they departed , all the Thursday they kept coming to Town ; the Friday the Prince came with his Guards , and were marching into , and some through the City to places adjacent about three hours without ceasing , and more or less they came in still until Night ; Men better hors'd I never saw in all my Life . The Prince's Entry was in this manner : 1. The Right Honourable the Earl of Macklesfield with 200 Horse , the most part of which were English Gentlemen richly mounted on Flanders Steeds , ( managed and used to War ) in Head-Pieces , Back and Breast , bright Armour . 2. 200 Blacks , brought from the Plantations of the Netherlands in America , having on Imbroider'd Caps lin'd with white Fur , and Plumes of White Feathers , to attend the Horse . 3. 200 Finlanders or Laplanders , in Bears Skins , taken from the Wild Beasts they had slain , the common Habit of that cold Climate , with black Armour , and broad flaming Swords . 4. 50 Gentlemen , and as many Pages to attend and support the Prince's Banner , bearing this Inscrption , GOD and the PROTESTANT RELIGION . 5. 50 Led-Horses , all manag'd and brought up to the Wars , with two Grooms to each Horse , and two Coaches of State. 6. After these Rid the Prince on a Milk-white Palfrey , armed Cap-a-Pee , a Plum of White Feathers on his Head , all in bright Armour , and forty two Foot-men running by him . 7. After his Highness followed likewise on Horseback 200 Gentlemen and Pages . 8. 300 Switzers with Fuzees . 9. 500 Volunteers , each two led-Horses . 10. His Captain and Guards 600 armed Cap-a-Pee . The rest of the Army brought up the Reer . Saturday most part of the day , and Sabbath-day , and Monday , and Tuesday the main Body of the Army came , and most of them , only some few Regiments of Foot , marched to Tiverton , Collumpton , Honiton , &c. and to the Neighbouring Parishes , and the Foot to Clist-beath , where they incamped and pitch'd their Tents . The Bishop fled , and is come for London , and we hear is made Arch-bishop of York ; the Dean likewise withdrew , whose House the Prince took for his Lodgings . The Lord's-day Dr. Burnet preach'd at the Cathedral on the last Verse of 107 th Psalm , wherein he observed the wonderful Providence of God towards them in the whole Conduct of Affairs in this Undertaking , and how they intended to have landed the 4 th of November if it had been possible , it being the Prince's Birth-day , and the Day of his Marriage to the Princess , but they could not possibly make the Land , and so could not get the Shoar till the 5 th , that England's Deliverance might be begun on the same Day that it was formerly designed for Ruin and Destruction . On Monday all the Canons that were in Town were summoned to appear in the Quire , and likewise the Singing-Men , when after they had sung Te Deum , Dr. Burnet read the Prince's Declaration , and after the Declaration , a short Prayer for the Success of the Prince , and so departed . There was not one of the Canons appeared ; and when the Declaration was reading the Singing-Men went away , they being commanded in the Service to forbear praying for the Prince of Wales . Monday Captain Burrington , who lives by Crediton , came to the Prince and offered him his Service , who was very kindly received by Him ; after that every day the Gentry from all parts of Devonshire , Somersetshire , &c. flocked to him in great numbers , it would take up too much time to name them , few absenting themselves , and those that did , there is great notice taken of them ; they have entered into an Association to stand and fall with the Prince ; several Lords came to him while here , as the Lord Colchester , the Lord Abbington , the Lord Cornbury , the Lord Shrewsbury , &c. It is incredible to tell you what they have brought with them , except you saw it , there being 200 of their Ships come into the River of Topsham . Plymouth Fort is surrendered to the Prince by the Lord of Bath , and the Lord Huntington , and the Popish Officers that were therein with Father Turner are seized and secured , and the Popish Souldiers discharged ; and coming hither and owning themselves such , are committed by Mr. Seamour , who is made our Governour , and one Major Gibson Deputy-Governour . Here are several thousands of Souldiers that have listed themselves , and many thousands more would have done the same , but the Marschal de Schomberg told the Prince there was no need of them , so were dismist again . They have a vast Treasure with them , I am certainly informed of 50 Waggons loaded with Cash . They have landed about 120 Field-Guns , several of which remain still here , the other are gone with the Prince . The last News we had was , that the Prince was at the Earl of Bristol's , which is by Sherborn , where we are informed that Prince George , the Duke of Grafton , the Lord Churchill , and Colonel Trelawny met him , and that the Prince saluted them in the words of David to the Men of Iudah and Benjamin , 1 Chron. 12.17 . If ye be come peaceably unto me to help me , mine Heart shall be knit unto you ; but if ye be come to betray me to mine Enemies , seeing there is no Wrong in my Hands , the God of our Fathers look thereon , and rebuke it . And they replied in the words of Amasai in the 18 th Verse , Thine are we , David , and on thy side , thou Son of Jesse : Peace , Peace be unto thee , and Peace be unto thine Helpers , for thy God helpeth thee . Then David received them , and made them Captains of the Band. The Prince at his going from hence , gave the Mayor this Character , That he was worthy to be trusted , for being faithful to his Trust. A further Account of the Prince's Army , in a Letter ▪ sent from Exon , dated Nov. 24. HAD I not insensibly over-slipt my Time the last Post , you had received this then : When I came here , I endeavoured to inform my self , after the best manner I could , as to the Number and Quality of the Prince's Army , and all generally concluded them to be about 30000 , all pick'd Men , and many of them personally present at the Siege of Buda . This I am certain of , that they appeared to be Men resolute , well Disciplined , and Stout , and of an extraordinary Stature , and their Arms suitable , Musquets , Swords , and Pikes , being far larger than ever I yet saw ; and notwithstanding the Streets were thronged , almost as thick as yours on a Lord-Mayor's Day , yet was it even a rarity to see one of them shorter than six Foot , and some of them were , I am confident , six foot and a quarter , if not six foot and an half in Height : So that were it lawful to trust in an Arm of Flesh , they might have some cause to presume ; but the tenour of their words were otherwise , their civil deportment , and their honesty of paying for what they have , ( and the strictness of their Discipline hinders them from being otherwise ) winning not a little the Affections of the Country-men , who daily resort hither , forty or fifty in a Gang , to be Listed . My Lord Mordent's Regiment was soon compleated , which with two others , was raised and maintained at the Charge of the Gentry in this County , of which Edward Seymour Esq is by the Prince made Governour . During his Highness stay here , which was till last Wednesday , there appeared a Court most splendid , composed , not only of Foreign , but of many of the English Nobility and Gentry , which came hither to wait on his Highness since his Arrival , of both Ranks , upwards to the number of Sixty , all mighty Gallant in their Equipage , each striving thereby to add to the Glory of their Design . The Gentry of these Parts first seemed slow in their Advances to serve the Prince ; but as soon as the Ice was broke by Capt : Burrington , the majority soon followed his steps , and have entred into an Association . It is to admiration to consider the vast Magazine of all Warlike Utensils brought hither by the Prince's Army , their Baggage having for a Fortnight together been continually Landing , and yet not fully ended : Were it not for the badness of the Roads , as I was informed by a private Sentinel , they could draw into the Field an Artillery of above 200 Pieces : But the greatest Curiosity I yet saw , was a Bridg of Boats , such as I conceive the Imperialists use to pass over the Danube and Save with , which was for the speedy conveyance of their Carriages , laid over the River in two or three Hours , and afterwards as soon removed ; not to mention a Smith's Shop or Forge , curiously contrived in a Waggon ; or another Contrivance the Foot carry with them to keep off the Horse , which in their manner may well yield the Service of a Pike . There hath been lately driven into Dartmouth , and since taken , a French Vessel loaden altogether with Images , and Knives of a very large proportion , in length nineteen Inches , and in breadth two Inches and an half ; what they were designed for God only knows . THREE LETTERS . I. A Letter from a Iesuit of Liege , to a Iesuit at Friburg , giving an Account of the Happy Progress of Religion in England . IT cannot be said what great Affection and Kindness the K. hath for the Society , wishing much Health to this whole Colledg by R. P. the Provincial , and earnestly recommending himself to our Prayers . The Provincial , Alexander Regnes , being come back for England , the K. was graciously pleased to send for him ; ( several Earls and Dukes waiting his coming at the hour appointed ) the Q. being present , the King discoursing familiarly with him , asked him , How many young Students he had , and how many Scholasticks ? To which ( when the Provincial had answered , That of the latter he had Twenty , of the former more than Fifty ) he added , That he had need of double or treble that number to perform what he in his Mind had designed for the Society ; and commanded that they should be very well exercised in the Gift of Preaching ; for such only ( saith he ) do we want in England . You have heard , I make no doubt , that the K. hath sent Letters to Father Le Cheese , the French King's Confessor , about Wadden-house , therein declaring , that he would take in good part from him , whatsoever he did or was done for the English Fathers of the Society . Father Clare Rector of the said House going about those Affairs at London , found an easy access to the King and as easily obtained his Desires . He was forbid to kneel and kiss the King's Hand ( as the manner and custom is ) by the K. himself , saying , Once indeed your Reverence kissed my Hand ; but had I then known you were a Priest , I should rather have kneeled and kissed your Reverences hand . After the Business was ended , in a familiar Discourse , the K. declared to this Father , That he would either Convert England , or die a Martyr ; and that he had rather die to morrow , that Conversion wrought , than reign fifty Years without that in Happiness and Prosperity . Lastly , He called himself a Son of the Society , the Welfare of which , he said , he as much rejoiced at as his own : And it can scarce be said how joyful he shewed himself when it was told him , That he was made partaker , by the most Reverend Father N. of all the Merits of the Society ; of which number he would declare one of his Confessors : Some report R. P. the Provincial will be the person , but whom he designs is not yet known . Many do think an Archbishoprick will be bestowed on Father Edmond Petre , ( chiefly beloved ) very many a Cardinals Cap , to whom , ( within this Month or two ) that whole part of the K. Palace is granted , in which the K. when he was Duke of York used to reside ; where you may see I know not how many Courtiers daily attending to speak with his Eminency , ( for so they are said to call him ) upon whose Counsel , and also that of several Catholick Peers , highly preferred in the Kingdom , the K. greatly relyes , which way he may promote the Faith without violence . Not long since some Catholick Peers did object to the K. that he made too much haste to establish the Faith , to whom He answered , I growing old , must make great steps , otherwise , if I should die , I shall leave you worse than I found you . Then they asking him , why therefore was he not more sollicitous for the Conversion of his Daughters , Heirs of the Kingdom ? He answered , God will take care for an Heir ; leave my Daughters for me to Convert ; do you by your example reduce those that are under you , and others to the Faith. In most Provinces he hath preferred Catholicks ; and in a short time we shall have the same Justices of the Peace ( as they are called ) in them all . At Oxford we hope Matters go very well ; one of our Divines is always Resident therein ; a publick Catholick Chappel of the Vice-Chancellor's , who hath drawn some Students to the Faith. The Bishop of Oxford seems very much to favour the Catholick Cause : He proposed in Council , Whether it was not expedient , that at least one Colledg in Oxford should be allowed Catholicks , that they might not be forced to be at so much Charges , by going beyond Seas to Study ? What Answer was given , is not yet known . The same Bishop inviting two of our Noblemen , with others of the Nobility , to a Banquet , drank the King's Health to an Heretical Baron there , wishing a happy Success to all his Affairs ; and he added , That the Faith of Protestants in England , seemed to him to be little better than that of Buda was before it was taken ; and that they were for the most part mere Atheists who defended it . Many do embrace the Faith , and four of the chiefest Earls have lately posfessed it publickly . The Reverend Father , Alexander Regnes , Nephew to our Provincial , to whom is committed the Care of the Chappel of the Ambassador of the most Serene Elector Palatine , is whole days busied in resolving and shewing the Doubts or Questions of Hereticks , concerning their Faith , of which number you may see two or three continually walking before the Dores of the Chappel , disputing about Matters of Faith amongst themselves . Prince George , we can have nothing certain what Faith he intends to make profession of . We have a good while begun to get footing in England . We teach Humanity at Lincoln , Norwich , and York . At Warwick we have a publick Chappel , secured from all Injuries by the King's Souldiers . We have also bought some Houses of the City of Wigorn in the Province of Lancaster . The Catholick Cause very much increaseth . In some Catholick Churches , upon Holy Days above 1500 are always numbred present at the Sermon . At London , likewise , things succeed no worse . Every Holy Day , at preaching , People so frequent , that many of the Chappels cannot contain them . Two of ours , Darmes and Berfall do constantly say Mass before the King and Queen , Father Edmund Newil before the Queen Dowager , Father Alexander Regnes in the Chappel of the Ambassador aforesaid , others in other places . Many Houses are bought for the Colledg in the Savoy ( as they call it ) nigh Somerset-house , London , the Palace of the Queen Dowager , to the value of about eighteen thousand Florins , in making of which , after the Form of a Colledg , they labour very hard that the Schools may be opened before Easter . In Ireland shortly there will be a Catholick Parliament , seeing no other can satisfy the King's Will to Establish the Catholick Cause there . In the Month of February , for certain , the King hath designed to call a Parliament at London : 1. That by a Universal Decree , the Catholick Peers may be admitted into the Upper House . 2. That the Oath or Test may be annulled . 3. Which is the best or top of all , That all Penal Laws made against Catholicks , may be Abrogated ; which that he may more surely obtain , he desires every one to take notice , that he hath certainly determined to dismiss any from all profitable Imployments under him , who do not strenuously endeavour the obtaining those things ; also that he will Dissolve the Parliament : with which Decree some Hereticks being affrighted , came to a certain Peer to consult him what was best to be done : to whom he said , the Kings pleasure is sufficiently made known to us ; what he hath once said , he will most certainly do : if you love your selves , you must submit your selves to the Kings Will. There are great preparations for War at London , and a Squadron of many Ships of War are to be fitted out against a time appointed ; what they are designed for is not certain . The Hollanders greatly fear they are against them , and therefore begin to prepare themselves . Time will discover more . Liege , 2. Feb. 1688. II. A Letter from the Reverend Father Petre , Iesuit , Almoner to the Ki●g of England , written to the Reverend Father la Cheese , Confessor to the most Christian King , touching the present Affairs of ENGLAND . Translated from the French. Most Reverend Father , IF I have fail'd , for the last few days , to observe your Order , it was not from want of Affection , but Health , that occasion'd the neglect ; and for which I shall endeavour to make amends by the length of this . I shall begin where my former left off , and shall tell you , That since the appearing of a Letter in this Town , written by the Prince's Minister of Holland , which declares the Intentions of the Prince and Princess of Orange , relating to the Repealing the Test , or to speak more properly , their Aversion to it : This Letter has produc'd very ill Effects among the Hereticks ; whom , at the return of some of our Fathers from those Parts , we had perswaded , that the Prince would comply with every thing relating to the Test that the King should propose to the next Parli●ment , in case he should call one ; to which I do not find his Majesty much inclin'd . But the coming of this Letter ( of which I have inclos'd a Copy ) has serv'd for nothing but to incourage the Obstinate in their aversion to that Matter . The Queen , as well as my self , were of Opinion , against the sending of any such Letter to the Hague upon that Subject , but rather that some Person able to discourse and perswade , should have been sent thither : for all such Letters , when they are not grateful , produce bad Effects . That which is spoken Face to Face , is not so easi●y divulg'd , nor any thing discover'd to the People , but what we have a raind the Vulgar should know : And , I believe , your Reverence will concur with me in this Opinion . This Letter has extreamly provok'd the King , who is of a temper not to bear a refusal , and who has not been us'd to have his Will contradicted : And , I verily believe , this very affront has hastned his Resolution of re-calling the English Regiments in Holland . I shew'd his Majesty that part of your Letter , that relates to the Opinion of his Most Christian Majesty , upon this Subject , which his Majesty well approves of . We are interested to know the Success of this Affair , and what Answer the States will give . The King changes as many Heretick Officers as he can , to put Catholicks in their places ; but the Misfortune is , that here we want Catholick Officers to supply them : And therefore , if you know any such of our Nation in France , you would do the King a pleasure to perswade them to come over , and they shall be certain of Employments , either in the old Troops , or the New that are speedily to be rais'd ; for which , by this my Letter , I pass my Word . Our Fathers are continually employ'd to convert the Officers ; but their Obstinacy is so great , that for one that turns , there are five that had rather quit their Commands . And there are so many Male-contents , whose Party is already but too great , the King has need of all his Prudence and Temper to manage this great Affair , and bring it to that Perfection we hope to see it in ere long . All that I can assure you is , That here shall be no neglect in the Queen , who labours night and day with unexpressible Diligence for the propation of the Faith , and with the Zeal of a holy Princess . The Queen Dowager is not so earnest , and Fear makes her resolve to retire into Portugal ▪ to pass the remainder of her days in Devotion : she has already ask'd the King leave , who has not only granted it , but also promised that she should have her Pension punctually paid ; and that during her Life , her Servants that she leaves behind her , shall have the same Wages , as if they were in waiting . She stays but for a proper Season to imbark for Lisbon , and to live there free from all Stories . As to the Queen's being with Child ▪ that great Concern goes as well as we could wish , notwithstanding all the Satyrical Discourses of the Heriticks , who content themselves to vent their Poyson in Libels , which by night they disperse in the Street , or fix upon the Walls . There was one lately found upon a Pillar of a Church , that imported , That such a day Thanks should be given GOD for the Queen 's being great with a Cushion . If one of these Pasquil-makers could be discover'd , he would but have an ill time on 't , and should be made to take his last Farewel at Tyburn . You will agree with me ( most Reverend Father ) that we have done a great thing , by introducing Mrs. Celier to the Queen : this Woman is totally devoted to our Society , and zealous for the Catholick Religion . I will send you an account of the progress of this Affair , and will use the Cypher you sent me , which I think very admirable . I can send you nothing certain of the Prince and Princess of Denmark ; he is is a Prince with whom I cannot discourse about Religion ; Luther was never more earnest than this Prince . It is for this reason that the King ( who does not love to be denied ) never yet press'd him in that matter , his Majesty thinking it necessary that the Fathers should first prepare things , before he undertake to speak to him . But this Prince , as all of his Nation , has naturally an Aversion to our Society ; and this Antipathy does much obstruct the progress of our Affairs ; and it would be unreasonable to complain hereof to the King , at present to trouble him , tho he has an intire Confidence in us , and looks upon our Fathers , as the Apostles of this Land. As for Ireland , that Country is already all Catholick ; yea , all the Militia are so . The Vice-Roy merits great Praise ; we may give him this Honour , That he is a Son worthy our Society ; and I hope will participate of the Merits of it . He informs me , he has just writ to your Reverence of these matters , how things go there . Some Catholick Regiments from those parts will speedily be sent for over for the King's Guards ; his Majesty being resolv'd to trust them , rather than others ; and may do it better in case of any popular Commotion , against which we ought to secure our selves the best we can . His Majesty does us the Honour to visit our Colledg often , and is most pleas'd when we present him some new Convert-Scholars , whom he incourages with his gracious Promises . I have not Expression sufficient to let you know with what Devotion his Majesty communicated the last Holy-days ; and a Heretick cannot better make his Court to him , than by turning to the Catholick Faith. He desires that all the Religious , of what Order soever they be , make open Profession as he does , not only of the Catholick Religion , but also of their Order ; not at all approving that Priests , or Religious should conceal themselves out of Fear ; and he has told them , That he would have them wear the Habit of a Religious ; and that he will take care to defend them from Affronts . And the People are already accustomed to it ; and we begin to celebrate Funerals with the same Ceremony as in France ; but it is almost a Miracle to see that no body speaks one word against it , no not so much as the Ministers in their Pulpits ; in so good order has the King managed these Matters . Many English Hereticks resort often to our Sermons ; and I have often recommended to our Fathers to preach now in the beginning , as little as they can of the Controversy , because that provokes ; but to represent to them the Beauty and Antiquity of the Catholick Religion , that they may be convinc'd , that all that has been said and preach'd to them , and their own Reflections concerning it , have been all Scandal : For I find ( as the Apostle says ) they must be nourished with Milk , not being able to bear strong Meat . Many have desir'd me to give them some of our Prayers , and even the holy Mass in English : which I mean to do , to satisfy the meanest sort , of which the greatest part do not understand Latin , but not to take away from the new Converts their Testaments , which is a matter of moment ; and , that we may not disgust them at the beginning , we must permit th●m to have them for a time , till they part with them of themselves . I had need of C. H's Counsel upon this Point , and not in this only , but also in a great many other matters that daily press me : for you may easily believe , that I have often more business than I can well dispatch ; and we must work with so much Circumspection and Precaution , that I have often need of your Paternity's wise Counsel . But the Lord and the good Virgin do strengthen me as there is occasion . The Bishop of Oxon has not yet declar'd himself openly ; the great Obstacle is his Wife , whom he cannot rid himself of : His design being to continue Bishop , and only change Communion ; as it is not doubted but the King will permit , and our holy Father confirm : tho I do not see how he can be farther useful to us in the Religion in which he is , because he is suspected , and of no esteem among the Hereticks of the English Church : nor do I see that the-Example of his Conversion is like to draw many others after him , because he declar'd himself so suddenly . If he had believ'd my Counsel , which was to temporize for some longer time , he would have done better ; but it is his Temper , or rather Zeal that hurried him on . There are two other Prelates that will do no less than he ; but they hold off alike , to see how they may be serviceable to the Propagation , and produce more Fruits , while they continue undiscover'd . That which does us most harm with the Lords and great Men , is the apprehension of a Heretick Successor : For ( as a Lord told me lately ) assure me of a Catholick Successor , and I will assure you , I and my Family will be so too . To this happy purpose , the Queen 's happy Delivery will be of very great moment . Our zealous Catholicks do already lay two to one that it will be a Prince : God does nothing by halves ; and ever day Masses are said upon this very occasion . I have gain'd a very great point , in perswading the King to place our Fathers in Madalen-Colledg in Oxon ; who will be able to tutor the young Scholars in the Roman Catholick Religion . I rely much on Father Thomas Fairfax , to whom I have given necessary Instructions how to govern himself with the Heretick People ; and to take care in the beginning , that he speak not to them any thing that may terrify . And , as I tell you , a Religious has need here of great Prudence at this time , that the King may hear of no Complaints that may displease him ; and therefore we dare not at present , do all we shall be able , and bound to do hereafter , for fear of too much haring the Mobile . I like well that Father Hales goes to stay some time at the Hague incognito , on pretence of solliciting for a Place , which is not soon to be got there ; and I have given him a Letter to some of that Court : Father Smith that is there now , by reason of his great Age , not being able to do all he ought and wishes to do , and is also too well known there . And I shall often impart to you what I shall learn from those Quarters : from whence I shall weekly receive something of moment , so long as the two Courts are in so bad Intelligence together , as at present they are . For my part , to speak freely on this Topick to your Reverend Fatherhood , I am of opinion , we should rather endeavour to moderate , than aggravate the Difference between them ; tho I know I do not in this matter altogether concur with the Sense of the French Ambassadour , who considers only his Master's Interest : But we are necessitated to take other Measures , and such as perhaps may not always agree with the Interest of France in this matter . And I think aggravating this Breach at present , to be also prejudicial to the Catholick Religion it self . The great Design we have so long aimed at , is applying to the King of France to take from the Hereticks all hopes of a Head , or any other Protection , than what they must expect from their own King ; whereby they finding themselves expos'd to his Pleasure , will the more readily subscribe to his Will. But this misunderstanding between us , will occasion an opportunity to the Hereticks to set up the Prince of Orange for their Chief : And let me assure you not to deceive your selves , The Religious of England , as well as the Presbyterians themselves , regard the Prince of Orange as their Moses ; and his Party is already so powerful in both these Kingdoms , that it will appear terrible to any thinking Person , should things come to extremity ; as may never happen , if matters are not push'd on too far , but managed with Moderation . And I desire therefore , with great deference to you better Judgment , that this matter might be hinted to his Most Christian Majesty , as opportunity shall serve , and am sensible it must be done with very great caution . I can tell you nothing at present concerning the certainty of calling a Parliament ; it requires so many things to be consider'd of , and measures to be taken , that his Majesty ought to be well assur'd of the success , before he convenes them together . I am not of opinion with many other Catholicks , who say , That by calling them the King hazards nothing ; for , if they will not answer his Ends , he need only prorogue them , as is usually done : But it is my Opinion , and the Sense of many others , That his Majesty hazards much ; for if it should unfortunately happen , that they should in their Assembly refuse to comply with his Majesty's Desires , it may be long enough ere he compass his Ends by way of a Parliament , and perhap● never : and then there rests no Expedient , or other Means but by Violence , to execute the Orders of his secret Council , which must be suppos'd by his Army ; who , upon a pretence of Incamping , may be called together with the less Jealousie or Suspicion . So , you may see ( most Reverend Father ) that we do not want work in these Quarters ; and I must be supported by your Prayers , which I beg of you , and from all those of our Society . His Majesty is so desirous that things may be done in order , and upon a sure Fund , so as to be the more lasting , that he makes great application to the Shires and Corporations , to get such Persons chosen f●r the Parliament , as may be favourable to his Ends , of which he may be sure , before they come to debate : And the King will make them promise so firmly , and exact such Instruments from them in writing , that they shall not be able to go back , unless they will thereby draw upon themselves his Majesty's utmost Displeasure , and make them feel the weight of his Resentment . And I have here inclos'd some Effects of his Majesty's Endeavours in this matter , which is an Address which the Mayor , Sheriffs and Burgesses of New-Castle in the County of Stafford , have presented to the King [ see the Gazette , where this Corporation , as well as Glocester and Teuxbury , and others , in their Addresses , promise to chuse such Members as shall comply with his Majesty's Desires . ] If all Towns were in as perfect Obedience as these , we should certainly have a Parliament call'd , which the Catholicks and Nonconformists expect with great Impatience . But since this cannot be said of many of them , the King 's secret Council think good to wait for the Queen's Delivery , that they may see a Successor , who may have need of the whole Protection of the Most Christian King to support him , and maintain his Rights . And , by the Grace of God , we hope , that that Prince , treading in his Father's steps , may prove a worthy Son of our Society , like his Father , who thinks it no Dishonour to be so call'd . As to other things ( most Reverend Father ) our Fathers with me , as well as generally all the Catholicks , with what grief do we hear of the Disunion that arises between his Holiness and the Most Christian King ! How does my Head , in imitation of the Prophet's , become a Spring of Tears to lament night and day the Schism that I fores●e coming into the Church ! Is is possible that our holy Society should not stand in the Breach , and prevent the Mischiefs that this difference may occasion in the Church ? And that no body can reconci●e Levi and Iudah , the Priesthood and the Scepter , the Father and the Son , the eldest Son of the Church with the Vicar of Christ upon Earth ? And what a Desolation , and what Advantage to the Hereticks must this occasion ? They begin already to bid us convert the Children of the Family , before we begin to convert Strangers . And I must with grief confess , they have but too much reason for what they say ; and if there does not come some present Assistance from above , I foresee this Affair will occasion great Prejudices in the North : Nor have we any hope that his British Majesty will interpose herein openly , he receiving so little Satisfaction from his Holiness in some Demands made by his Ambassadour at Rome , which ( morally speaking ) ought not to have been denied so great a King , who first made this step ( which his Predecessors for a long time were not willing to undertake ) in sending his Ambassadour of Obedience to Rome : And yet for all this our holy Father had not any particular Consideration of this Submission and Filial Obedience : so that I dare not mention this matter but by way of Discourse , daily expecting that of himself he will be pleased to make some Proposal therein . I doubt not ( Reverend Father ) of your constant Endeavour to accommodate this matter , thereby to take away from the Hereticks , especially the Hugonots of France , this occasion to laugh and deride us : and we should think the Ch●nge much for the worse , if , instead of the French King 's going to Geneva , he should march to Rome : What may not all this come to ? especially since the Marquess de Lavardin has been so passionate in his Discourse to the Cardinal-Chancellor , as to call him Impertinent ; and so far to forget his Duty and Reverence toward our Holy Father , the Pope himself , as to say he Doted : as the Hereticks do confidently discourse in these parts . I have caused some Masses of the Holy Ghost to be said , That God would please to inspire the discontented Parties with a Spirit of Peace and Concord . You did acquaint me some time since , That Madam Mainteron did take upon her the Title of Daughter of the Society ; by virtue whereof , you may command her , by virtue of Obedience , to use her Credit and Eloquence with the King , to incline him to an Accommodation in this matter . In the mean time , I hear that at Rome , many eminent Persons endeavour the same with his Holiness , who says , He cannot , nor ought not to recede from what he has done ; otherwise it were in effect to submit to the Articles made in France by the Clergy in 1682 , and consequently of too great moment to recant : and therefore Submission ought to come from the Son , and not from the Father . I recommend my self ( Reverend Father ! ) to your Prayers and Blessing , desiring you would continue to assist me with your Salutal Counsels , and rest for ever . Yours , &c. St. Iame's , Feb. 9. III. The Answer of the Reverend Father la Chese , Confessor to the Most Christian King , to a Letter of the Reverend Father Petre , Iesuit , and Great Almoner to the King of England , upon the Method or Rule he must observe with His Majesty , for the Conversion of His Protestant Subjects . Most Reverend Father , WHen I compare the Method of the French Court ( which declares against all Heresies ) with the Policy of other Princes , who had the same Design in former Ages ; I find so great a difference , that all that passes now a days in the King's Council is an impenetrable Mystery : and the Eyes of all Europe are opened to see what happens ; but cannot discover the Cause . When Francis the First , and Henry the Second his Son , undertook to ruine the Reformation , they had to struggle with a Party which was but beginning and weak , and destitute of Help ; and consequently easier to be overcome . In the time of Francis the Second , and Charles the Ninth , a Family was seen advanc'd to the Throne by the Ruine of the Protestants who were for the House of Bourbon . In this last Reign many Massacres hapned , and several Millions of Hereticks have been sacrificed , but it answer'd otherways : and his Majesty has shew'd ( by the peace and mild ways he uses ) that he abhors shedding of Blood ; from which you must perswade his Britannick Majesty , who naturally is inclin'd to Roughness , and a kind of Boldness , which will make him hazard all , if he does not politickly manage it ; as I hinted in my last , when I mentioned my Lord Chancellor . Most Reverend Father , to satisfy the desire I have to shew you by my Letters the Choice you ought to make of such Persons fit to stir-up , I will in few words ( since you desire it ) inform you of the Genius of the People of our Court , of their Inclinations , and which of them we make use of ; that : by a Parallel which you will make between them and your English Lords , you may learn to know them . Therefore I shall begin with the Chief : I mean our Great Monarch . It is certain he is naturally good , and loves not to do Evil , unless desired to do it . This being so , I may say , he never would have undertaken the Conversion of his Subjects , without the Clergy of France , and without our Societies Correspondence abroad . He is a Prince enlightned ; who very well observes , that what we put him upon , is contrary to his Interest , and that nothing is more opposite to his Great Designs , and his Glory ; he aiming to be the Terror of all Europe . The vast number of Malecontents he has caused in his Kingdom , forces him in time of Peace to keep three times more Forces , than his Ancestors did in the greatest Domestick and Foreign Wars : which cannot be done without a prodigious Expence . The Peoples Fears also begin to lessen , as to his aspiring to an Universal Monarchy : and they may assure themselves he has left those Thoughts ; nothing being more opposite to his Designs , than the Method we enjoyn him . His Candor , Bounty , and Toleration to the Hereticks , would undoubtedly have open'd the Doors of the Low Countries , Palatinate , and all other States on the Rhine , and even of Switzerland : whereas things are at present so alter'd , that we see the Hollanders free from any fear of danger ; the Switzers and City of Geneva , resolv'd to lose the last drop of their Blood in their Defence ; Besides , some Diversion we may expect from the Empire , in case we cannot hinder a Peace with the Turks , which ought to hasten his Britannick Majesty , while he can be assured of Succors from the most Christian King. Sir , his Majesty's Brother is always the same ; I mean , takes no notice of what passes at Court. It has sometimes happen'd , that the King's Brothers have acted so , as to be noted in the State ; but this we may be assur'd will never do any thing to stain the Glory of his Submission and Obedience : And is willing to lend a helping-hand for the Destruction of the Hereticks ; which appears by the Instances he makes to his Majesty , who now has promised him to cause his Troops to enter into the Palatinate the next Month. The ●auphin is passionately given up to Hunting , and little regards the Conversion of Souls ; and it does not seem easy to make him penetrate into Business of Moment ; and therefore we do not care to consult him which way , and how the Hereticks ought to be treated . He openly laughs at us , and slights all the Designs , of which the King his Father makes great account . The Dauphiness is extreamly witty , and is , without doubt , uneasy to shew it in other Matters besides Complements of Conversation . She has given me a Letter for the Queen of England ; wherein after her expression of the part she bears of the News of her Majesty's being with Child , she gives her several Advices about the Conversion of her Subjects . Most Reverend Father , She is undoubtedly born a great Enemy to the Protestants , and has promoted all she could with his Majesty , in all that has been done , to hasten their Ruin ; especially having been bred in a Court of our Society , and of a House whose hatred against the Protestant Religion is Hereditary , because she has been raised up by the Ruin of the German Protestant Princes , especially that of the Palatinate . But the King having caused her to come to make Heirs to the Crown , she answers expectation to the utmost . Monsieur Louvois is a Man who very much observes his Duty , which he performs to admiration ; and to whom we must ack●owledg France owes part of the Glory it has hitherto gained , both in regard of its Conquests , as also the Conversion of Hereticks ; to which latter I may say , he has contributed as much as the King : he has already shewed ▪ himself Fierce , Wrathful , and Hardhearted in his Actions towards them ; though he is not naturally inclin'd to Cruelty , nor to harrass the People . His Brother , the Arch-bishop of Rheims , has Ways which do not much differ from those of his Soul ; and all the difference I find between them is , That the Arch-bishop loves his own Glory , as much as Monsieur de Louvois loves that of , his Majesty . He is his own Idol ; and give him but Incense , and you may obtain any thing . Honour is welcome to him , let it come which way it will. The least Thing provokes this Prelate ; and he will not yield any thing derogatory to his Paternity . He will seem Learned ; he will seem a great Theologian , and will seem to be a good Bishop , and to have a great care of his Diocess ; and would heretofore seem a great Preacher . I have hinted in my last , the Reasons why I cannot altogether like him ; which are needless to repeat . The Arch-bishop of Paris is always the same , I mean , a gallant Man ; whose present Conversation is charming , and loves his Pleasures , but cannot bear any thing that grieves or gives trouble , though he is always a great Enemy of the Iansenists , which he lately intimated to Cardinal Camus . He is always with me in the Council of Conscience , and agrees very well with our Society , laying mostly to Heart the Conversion of the Protestants of the three Kingdoms . He also makes very good Observations and Designs , to give some Advice to your Reverence , which I shall convey to you . I do sometimes impart to him what you write to me . My Lord Kingston has embrac'd our good Party : I was present when he Abjur'd in the Church of St. Denis ; I will give you the Circumstances some other time . You promised to send me the Names of all Heretick Officers who are in his Majesty's Troops ; that much imports me , and you shall not want good Catholick Officers to fill up their places . I have drawn a List of them who are to pass into England , and his most Christian Majesty approves thereof : Pray observe what I hinted to you in my last , on the Subject of the Visits , which our Fathers must give to the Chief Lords , Members of the next Parliament ; those Reverend Fathers who are to perform that Duty , must be middle-aged , with a lively Count●nance , and fit to perswade . I also advised you in some of my other Letters , how the Bishop of Oxford ought to behave himself , by writing incessantly , and to insinuate into the People the putting down the Test ; and at the same time calm the Storm , which the Letter of Pentionary Fagel has raised . And his Majesty must continue to make vigorous Prohibitions to all Booksellers in London , not to print any Answers ; as well to put a stop to the Insolency of Heretick Authors , as also to hinder the People from reading them . In short , you intimate to me , That his Majesty will follow our Advice : It 's the quickest way , and I cannot find a better , or fitter , to dispossess his Subjects from such Impressions as they have received . His Majesty must also , by the same Declaration , profess in Conscience , that ( if complied with ) he will not only keep his Word , to maintain and protect the Church of England ; but will also confirm his Promises by such Laws , as the Protestants shall be contented with . This is the true Politick way ; for by his granting all , they cannot but consent to something . His most Christian Majesty has with great success experienced this Maxim : And though he had not to struggle with Penal Laws and Tests , yet he found it convenient to make large Promises , by many Declarations ; for , since we must dissemble , you must endeavour all you can to perswade the King it is the only Method to effect his Design . I did also in my last , give you a hint of its Importance , as well as the ways you must take to insinuate your selves dexterously with the King , to gain his good Will. I know not whether you have observed what passed in England some Years since ; I will recite it , because Examples instruct much . One of our Assisting Fathers of that Kingdom , ( which was Father Parsons ) having written a Book against the Succession of the King of Scots to the Realm of England . Father Creighton , who was also of our Society , and upheld by many of our Party , defended the Cause of that King , in a Book Intituled , The Reasons of the King of Scots , against the Book of Father Parsons : And though they seem'd divided , yet they understood one another very well ; this being practised by order of our General , to the end , that if the House of Scotland were Excluded , they might shew him who had the Government , the Book of Father Parsons ; and on the other Hand , if the King happened to be restored to the Throne , they might obtain his good Will , by shewing him the Works of Father Chreighton : So that which way soever the Medal turn'd , it still prov'd to the advantage of our Society . Not to digress from our Subject , I must desire you to read the English Book of Father Parsons , Intituled , The Reform of England ; where , after his blaming of Cardinal Pool , and made some observations of Faults in the Council of Trent , he finally concludes , That suppose England should return ( as we hope ) to the Catholick Faith in this Reign , he would reduce it to the State of the Primitive Church : And to that end all the Ecclesiastical Revenue ought to be used in common , and the Management thereof committed to the care of Seven Wise Men , drawn out of our Society , to be disposed of by them as they should think fit . Moreover , he would have all the Religious Orders forbidden on Religious Penalties , not to return into the Three Kingdoms , without leave of those Seven Wise Men ; to the end it might be granted only to such as live on Alms. These Reflections seem to me very judicious , and very suitable to the present State of England . The same Father Parsons adds , That when England is reduced to the True Faith , the Pope must not expect , at least for Five Years , to reap any benefit of the Ecclesiastical Revenue ; but must leave the whole in the hands of those Seven Wise Men , who will manage the same to the Benefit and Advancement of the Church . The Court goes this day for Marli , to take the Divertisements which are there prepared : I hope to accompany the King , and will entertain him about all Business ; and accordingly as he likes what you hint to me in your Letter , I shall give you notice . I have acquainted him with his Britannick Majesty's Design of building a Citadel near Whitehal ; Monsieur Vauban , our Engineer , was present : After some Discourse on the Importance of the Subject , his Majesty told Monsieur Vauban , that he thought it convenient he should make a Model of the Design , and that he should on purpose go over into England to see the Ground . I have done all I could to suspend the Designs of our Great Monarch , who is always angry against the Holy Father ; both Parties are stubborn : the King 's natural Inclination is , to have all yield to him ; and the Pope's Resolution is unalterable . All our Fathers most humbly salute your Reverence . Father Roine Ville acts wonderfully about Nismes amongst the New Converts , who still meet , notwithstanding the Danger they expose themselves to . I daily expect News from the Frontiers of the Empire , which I shall impart to your Reverence , and am with the greatest Respect , Yours , &c. Paris , March 7. 1688. Popish Treaties not to be rely'd on : In a Letter from a Gentleman at York , to his Friend in the Prince of ORANGE's Camp. Addressed to all Members of the next Parliament . THE Credulity and Superstition of Mankind hath given great Opportunities and Advantages to cunning Knaves to spread their Nets , and lay their Traps in order to catch easie and unwary Creatures ; these being led on by Ignorance or Stupidity , they by Pride or Ambition , or else a Vile and Mercenary Principle ; therefore seeing we are in this State of Corruption , bred up to believe Contradictions and Impossibilities , led by the Nose with every State Mountebank , and Monkish Iugler , moved like Puppets by Strings and Wires ; it seems high time to vindicate Human Nature , and to free her from these Shakles laid upon her in the very Cradle ; for Man ( who ought to be a Free and Rational Animal ) in his present State is only an Engine and Machine , contriv'd for the Vanity and Luxury of Priests and Tyrants , who claim to themselves , and seem to monopolize the Divine Stamp , tho we are all made of the same Materials , by the same Tools , and in the same Mould , equal by Nature , met together and link'd in Societies by mutual Contracts , plac'd by turns one above another , and entrusted for some time with the Power of executing our own Laws , and all by general consent for the Publick Good of the whole Community ; this is the genuine Shape and Figure of Primitive and Sound Government , not distemper'd and fatally infected with the monstruous Excrescences of Arbitrary Power in one single Member above all the Laws of the whole ; Infallibility , Divine Right , &c. started by Knaves and Sycophants , believ'd by Fools , who scarce ever heard of the Greek and Roman Histories , and never read their own . I shall therefore give some Examples ( out of an infinite number ) of People ruin'd and utterly destroy'd by their easie Credulity , and good Nature , matter of Fact being a stronger Proof , and better Rule to steer Mankind , than the empty Notions of the Schools , invented only to perplex and confound our Ratiocination , lest it should discover the naked Truth of things . The present Letter will confine it self only to Publick Promises , Oaths , and Solemn Contracts , scandalously violated by the Roman Catholicks , not with Heathens and Hereticks only , but amongst themselves : We will begin with the more remote Countries . The Spaniards and Portugueses have acted so treacherously with the Africans , and the Natives of both Indies , that the Cruelty of the History would be incredible , if it was not related by their own Historians ; their Leagues and Treaties ( the most sacred Bonds und●r Heaven ) were soon neglected , and the Spirit of their Religion broke all before it ; how many Millions of those innocent Creatures were murder'd in cold Blood , and for Pastime sake , with all the variety of Torments that the Devil could inspire into them ; how soon were the vast Regions of Mexico , New Spain , Peru , Hispaniola , Braseel , &c. depopulated , above twenty Millions of the poor harmless Inhabitants being put to death in full Peace , and they the best natur'd People in the World , and very ingenious ; tho they may seem Savages to a sort of Men , who think all Barbarians that differ from them in Habits , Manners , Customs , Diet , Religion , Language , &c. not considering that all wise Nature hath contriv'd a different Scene of things for various Climates ; Nay , such is the Inhumanity of these Catholick Nations here at home , that they will frequently bring Strangers ( settled amongst them by the Laws of Commerce ) and their own fellow-Subjects into the Inquisition , especially if they are Rich , upon a pretence of some Heretical Opinion , tho they themselves at first protect and license the Opinion ; as in the case of Molino , whose Book had receiv'd an Imprimatur from most of the Inquisitors of Spain and Italy , and even from the Infallible Head of the Church , yet afterwards it was burnt , and he himself together with many of his Followers miserably tortur'd ; the Pope scarce escaping the Punishment . The Generous Marshal Schomberg ( driven out of France for his great Services ) who had won many Battels for the Portugueses , and s●v'd their C●untry , could not be suffer'd to end his Old Age amongst them , but was forc'd in the midst of Winter to commit himself to the Sea , and fly to an inhospitable Shoar . The present French King renounced all his Pretences on Flanders , concluded the Pyrenean Treaty , and swore at the Altar not to meddle with that Country : but how well he observ'd that Sacred Covenant , Baron D'Isola will best inform you in his Bouclier d'Etat , for which he was thought to be poison'd . Neither hath the French Monarch been contented to break all Faith and Measures with the Spaniard , but he hath gone about to deceive and ruine t●e Pope , Emperour , and all the Princes and Electors of the Empire , the Prince of Orange , Duke of Lorrain , the Switzers , the Dutch , and the English , and not only these his Neighbours and Allies , but his own Protestant Subjects , who had all the Security that Solemn Edicts , Oaths and Promises could afford them , besides many other Obligations upon the Crown for bringing the King to the Throne ; yet all of a sudden they found themselves oppress'd and destroy'd by his Apostolical Dragoons , their Temples razed , their Wives and Children taken away , their Goods and Estates confiscated , themselves cast into Prisons , sent to the Gallies , and often shot at like Birds : His seising of Lorrain , France , Compte , Alsace , Strasburgh , Luxem●urgh , the Principality of Orange , the County of Avignon , Philipsbourg , the whole Palatinate , the Electorates of Mentz , Treves , and Cologn , his building of Cittadels in the Empire and in Italy , &c. are so contradictory to National Agreements , and Publick Treaties , that scarce a Iesuit or a French-man can have Impudence enough to defend them ; a Banditto , a Pyrate , or a Pick-pocket would be asham'd of such Actions ; and an ordinary Man would be hang'd for a Crime a Million times less . His seising upon Hudson's Bay , and leading the English into Slavery ; the French Treachery in the Engagement at Sea between us and the Dutch , their frequent seizing of our Ships , are light things , not worthy our Resentment , being under the Conduct of a Monsieur whom the World so justly vilifies and despises . The Emperour can have no good Pretence to condemn the King of France , or any other Catholick Prince for breach of Common Faith and Honesty , since he himself hath plaid the same Game with his Protestant Subjects , inviting some of the Chief of the Hungarian Nobility to Vienna , under the colour of Treaty and Friendship , and then cutting off their Heads , seiz●ng their Estates and Properties , destroying their Pastors and Churches , and extirpating the whole Reform'd Religion , after he had promis'd and stipulated to protect and give them the Liberty of their Consciences . The Parisian Massacres were carried on and executed under a Mask of Friendship , all the principal Protestants of France being invited to the Healing-Marriage , to revel and caress , were barbarously butcher'd in their Beds at the Toll of a Bell , when they dream'd they sl●p securely . The Irish Massacre of above 200000 Protestants was no less treacherous , it was a Copy of the Spanish Cruelty i● the West Indies , to whom the Irish are compar'd by Historians for their Idleness and Inhumanity , tho not for their Wit. The Persecutions of the Protestants in the Vallies of Piedmont , are another instance of Popish Immanity and Baseness ; they were under the common shelter of publick Pactions and Treaties , and had been solemnly own'd by the Dukes of Savoy , to be the most Loyal and the most Couragious of their Subjects . The present Duke , who undertook this last Persecution , was not content to destroy them with his own Troops , but call'd in the French to assist at the Comedy , to shoot them off the Rocks , to hunt them over the Alps , and to sell the strongest of them to the Gallies , that the very Turkish Slaves themselves might deride and insult over them . Catholicks , who have not Power or Opportunity to execute the same things , seem to condemn the Conduct in Publick , but sing Te Deum in Private , and as soon as ever they have got a sufficient Force , commit the like Barbarities , so essential to their Religion , that all the Instinct of Nature cannot separate them . The Holy Father at Rome ( tho he sets up for a moderate and merciful Pontificate ) order'd Te Dèum to be sung up and down , for the extirpation of Heresy out of France and Piedmont ; and our English Catholicks have given us ( as their Army and Interest encreas'd ) several Proofs how well they can juggle and disguise themselves ; setting up Courts of Inquisition , turning Protestants out of all Employs , and even out of their Freeholds , dispensing with Laws , Ravishing Charters , packing Corporatione , &c. and all under a notion of Liberty or a Divine Right ; they with their Accomplices defended illegal Declarations , and set up an Authority above all our Laws , under the Cloak of a sham Liberty of Conscience , racking at the very same time the Consciences of the Church-of - England-men , and undermining the Foundation of our State. If Mr. Pen and his Disciples had condemn'd the unlawfulness of the Declarations and the Dispensing Power , when they wrote so fast for Liberty of Conscience , they had then shew'd a generous Zeal for a just Freedom in Matters of Religion , and at the same time a due Veneration to the Legislative Power ( King , Lords , and Commons ) but the secret of the Machine , was to maintain and erect a Prerogative above all Acts of Parliament , and consequently to introduce upon that bottom Tyranny and Popery ; yet , notwithstanding all this uncontroulable Power , and shew of ●randeur , an Easterly Wind , and a Fleet of Fly-Boats , would cancel and undo all again . Our Monkish Historians relate of King Iohn , that being in some distress , he sent Sir Tho. Hardington , and Sir Ralph Fitz-Nicholas , Ambassadours to Mirammumalim , the great Emperor of Morocco , with offers of his Kingdom to him , upon Condition he would come and aid him , and that if he prevail'd , he would himself turn Mahometan and renounce Popery . I will not insist upon the Violations of Laws and Treaties in the Low Countries , or the Spanish Tyranny over them , because the Spaniards have got so much by that Persecution and Cruelty , that they might be tempted to practise the like again ; for by forcing the Netherlanders to take up Arms for their Defence , and by necessitating Queen Elizabeth to assist and preserve them , they have set up a Free and Glorious State ( as they themselves have call'd them in some Treaties ) that hath preserv'd the languishing Monarchy of Spain , and the Liberty of Christendom . The base and cowardly Massacre of that great Hero William Prince of Orange , of the Renowned Admiral Coligny , and the Prince of Conde ; the many Bloody Conspiracies for the Extirpation of the whole Race of the House of Orange ; the Murders of Henry the Second , and Henry the Fourth , are all Records and everlasting Monuments of Popish Barbarity ; what incredible Effusions of Blood hath been occasion'd by the frequent Revolts of the Popes against the Emperors , by the Image-Worship and the Holy Wars ? What Treachery in the Bohemian Transactions and Treaties ? What Inhumanity in burning Ierome of Prague , and Iohn Hus ? when they had the Emperor's Pass , and all other publick Securities from the Council it self , that put to Death those two good Men. The Reign of Queen Mary is another Scene of the Infidility and Treachery of the Church of Rome ; what Oaths did she take ? What Promises and Protestations did she make to the Suffolk Men who had set the Crown upon her Head , and yet they were the first that felt the strokes of Persecution from Her ? Read her History in Fox's Martyrs , and Dr. Burnet's History of the Reformation . The many Conspiracies to destroy Queen Elizabeth and King Iames , the Gunpowder-Plot , the Counsels carried on in Popish Countries to take off King Charles the First , and the many late Popish Plots are a continued Series and Thred , carried on by the Church of Rome , to break through all Laws both of God and Man , to erect an Universal Monarchy of Priest-Craft , and to bring the whole World under their Yoke . The Swedes have taken an effectual and commendable way to keep Popish Priests and Iesuits ( those Boutefeus and Disturbers of Societies , the declared Enemies to the Welfare of Mankind ) out of their Countries by Gelding them , and consequently rendring them incapable of Sacerdotal Functions , tho the Priests have found out a Salvo , and will say Mass and Confess , if they can procure their Testicles again , and carry them in their Pockets , either preserv'd or in Powder : In Aethiopia , China , and Iapan , the Romish Priests have been so intollerably turbulent , and such extravagant Incendiaries , that they have been often banished and put to Death ; so that now they disguise themselves all over the Eastern Nations , under the Names and Characters of Mathematicians , Mechanicks , Physicians , &c. and dare not own their Mission to propagate a Faith which is grown ridiculous all over Asia . The long and dreadful Civil Wars of France ; the many Massacres and Persecutions , and lastly , the Siege of Rochel , are living Instances how far we may rely upon Engagements and Laws , both as to the taking of that Bulwark , and the promised Relief from hence . The Protestant Defenders of it , refusing to rely any longer upon Paper Edicts ; and the Word of a Most Christian King , had this City granted them as a Cautionary Town for their Security ; for before they had always been deluded out of their Advantages by fair Promises , insignificant Treaties , and the Word of a King ; yet Lewis the 13 th following the vitious Examples of Treacherous Princes , fell upon this Glorious City , which , upon the account of their Laws and Privileges , made a Resistance and brave Defence , ( having never heard of Passive Obedience amongst their Pastors ) thinking it more lawful to defend their Rights , than it was for Lewis to invade them . As for the late and present Reign here in England , they are too nice and tender Things for me to touch ; whether the Transactions of them are consistent with the Coronation Oaths , the many Declarations , Protestations , publick and solemn Promises , I am no fit Judg ; they are more proper for the Gravity of an Historian , or the Authority of a Parliament to handle , than for a private Gentleman in a Letter to his Friend . The Bishops Papers , and the Prince of Orange's Declarations , are the best Memoires of them ; but they only begin where the two parts of the History of the growth of Popery and Arbitrary Government left off , and how far we may trust to Catholick Stipulations , Oaths and Treaties , the Facts of past and the present Age are the best Criterions and Rules to guide and determine us ; for what happens every day , will in all probability happen to morrow , the same Causes always produce the same Effects ; and the Church of Rome is still the same Church it was an hundred Years ago , that is , a Mass of Treachery , Barbariety , Perjury , and the highest Superstition ; a Machine without any Principle or setled Law of Motion , not to be mov'd or stop'd with the weights of any private or publick Obligations ; a Monster that destroys all that is Sacred both in Heaven and Earth , so Ravenous that it is never content , unless it gets the whole World into its Claws , and tears all to pieces in order to Salvation ; a Proteus , that turns it self into all shapes ; a Chameleon , that puts on all Colours according to its present circumstances , this day an Angel of Light , to morrow a Beelzebub . Amongst all the Courts of Christendom where I have conversed , that of Holland is the freest from Tricks and Falsehood ; and tho I am naturally jealous and suspicious of the Conduct of Princes , yet I could never discover the least Knavery within those Walls , it appear'd to me another Athens of Philosophers , and the only Seat of Justice and Vertue now left in the World. As for the Character of the Prince of Orange , it is so faithfully drawn by Sir William Temple , Doctor Burnet , and in a half sheet lately printed , that I , who am so averse from Flattery , that I can scarce speak a good word of any Body , or think one good thought of my self , will not write any further Panegerick upon his Highness , only that he is a very Honest Man , a Great Souldier , and a Wise Prince , upon whose Word the World may safely rely . A late Pamphleteer reviles the Prince , with breaking his Oath when he took the Stat-holder's Office upon him ; not considering that the Oath was impos'd upon his Highness in his Minority by a French Faction , then jealous of the aspiring and true Grandeur of his Young Soul ; that the States themselves ( to whom the Obligation was made ) freed his Highness from the Bond ; and that the Necessity of Affairs , and the Importunities of the People forced that Dignity upon him , which his Ancestors had enjoy'd , and he so well deserv'd , that he sav'd the sinking Common-wealth , ( their Provinces being almost all Surpriz'd and Enslav'd by the French ) compared to the gasping State of Rome after the loss at Cannae ; His Highness was no more puft up with this Success , than he had been daunted with Hardships and Misfortunes ; always the same Hero , Just , Serene , and Unchang'd under all Events , an Argument of the vastness of his Mind ; whereas on the contrary , Mutability ( sometimes Tyrant , sometimes Father of a Country , sometimes Huffing , other times Sneaking ) is often-times a Symptom of a Mean and Cowardly Soul , vile and dissolute , born for Rapine and Destruction . As for the Princess , she may without any flattery be stiled the Honour and Glory of her Sex ; the most Knowing , the most Vertuous , the Fairest , and yet the best Natur'd Princess in the World ; belov'd and admir'd by her Enemies , never seen in any Passion , always under a peculi●r sweetness of Temper , extreamly moderate in her Pleasures , taking delight in Working and Study ; humble and affable in her Conversation , very pertinent in all Questions , charitable to all Protestants , and frequenting their Churches . The Prince is often seen with her at the Prayers of the Church of England , and ●he with the Prince at the Devotion of his Church . She dispences with the use of the Surplice , bowing to the Altar , and the Name of Jesus , out of Compliance to a Country that adores her , being more intent upon the Intrinsick and Substantial Parts of Religion , Prayer and Good Works . She speaks several Languages even to Perfection ; entirely obedient to the Prince , and he extreamly dear to her . In a word , She is a Princess of many extraordinary Vertues and Excellencies , without any appearance of Vanity , or the least mixture of Vice ; and upon whose Promise the World may safely depend . As for the many Plots and Conspiracies against this Royal Couple , a short time may bring them all to light , and faithful Historians publish them to the World. Lastly , We may observe that whereas it hath been the Maxim of several Kings , both at home and abroad of late Years , to contend and outvie each other in preying upon and destroying not only their Neighbours , but their own Protestant Subjects , by all methods of perfidiousness and cruelty ; the only way to establish Tyranny , and to enslave the natural Freedom of Mankind , being to introduce a general Ignorance , Superstition , and Idolatry ; for if once People can be perswaded , that Statues and Idols are Divinities and adorable , and tha● a Wa●er is the Infinite God , after two or three ridiculous words , utter'd by a vile Impostor and impudent Cheat , then they may easily be brought to submit their Necks to all the Yokes that a Tyrant and a Priest can invent and put upon them ; for if once they part with their Reason , their Liberty will soon follow ; as we behold every day in the miserable enslav'd Countries where Popery domineers . On the contrary , it hath always been the steady and immutable Principle of the House of Orange to rescue Europe from its Oppressours , and to resettle Governments upon the Primitive and Immortal Foundation of Liberty and Property ; a Glorious Maxim , taken from the Old Roman Common-wealth , that Fought and Conquer'd so many Nations , only to set them Free , to Restore them wholsome Laws , their Natural and Civil Liberties ; a Design so Generous ; and every way Great , that the East groaning under the Fetters and Oppressions of their Tyrants , flew in to the Roman Eagles for Shelter and Protection , under whose Wings the several Nations liv'd Free , Safe and Happy , till Traitours and Usurpers began to break in upon the Sacred Laws of that vertuous Constitution , and to keep up Armies to defend that by Blood and Rapine , which Iustice would have thrown in their Face , and punished them as they deserved ; the Preservation and Welfare of the People being in all Ages call'd the Supreme Law , to which all the rest ought to tend . From the foregoing Relation of matter of Fact , it appears most plain , that the Roman Catholicks are not to be ty'd by Laws , Treaties , Promises , Oaths , or any other bonds of Humane Society ; the sad experience of this and other Kingdoms , declares to all Mankind the invalidity and insignificancy of all Contracts and Agreements with the Papists , who notwithstanding all their Solemn Covenants with Hereticks , do watch for all Advantages and Opportunities to destroy them , being commanded thereunto by their Councils and the principles of their Church , and instigated by their Priests . The History of the several Wars of the Barons of England , in the Reigns of King Iohn , Henry the Third , Edward the Second , and Richard the Second , in Defence of their Liberties , and for redressing the many Grievances ( under which the Kingdom groa●'d ) is a full representation of the Infidelity and Treachery of those Kings , and of the Invalidity of Treaties with them ; how many Grants , Amendments , and fair Promises had they from those Princes , and yet afterwards how many Ambuscades , and Snares were laid to destroy those glorious Patriots of Liberty ; what Violations of Compacts and Agreements , and what havock was made upon all Advantages and Opportunities , that those false Kings could take ! Read their Histories in our several Chronicles . FINIS . A FOURTH Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. The Prince of Orange's first Declaration from the Hague , Octob. 10. 1688. With his Highnesses Additional Declaration from the Hague , Octob. 24. 88. Corrected by the Original Copy printed there . II. The Bishop of Rochester's Letter to the Ecclesiastical Commissioners . III. The Prince of Orange's Speech to the Gentlemen of Somersetshire and Dorsetshire , coming to joyn his Highness at Exeter , Nov. 15. 88. IV. A true Copy of a Paper delivered by the Earl of Devonshire to the Mayor of Darby , Nov. 20. 1688. V. An Address of the Mayor , &c. of Lyn-Regis in Norfolk to the Duke of Norfolk ; And the Duke's Answer , Decemb. 6. 88. VI. A Declaration of the Lords Spiritual and Temporal in and about the City , assembled at Guild hall , Decemb. 11. 1688. VII . A Paper delivered to the Prince of Orange , by the Commissioners sent by his Majesty . VIII . The King's Letter to the Earl of Feversham on his Majesties leaving White-hall : with the Earl's Answer . IX . A Declaration of the Prince of Orange , to the Commanders in Chief of the Dispersed Regiments , Troops and Companies , to keep them together in Order . X. An Address of the Lieutenancy of London to the Pr. of Orange . XI . An Address of the Lord Mayor , Aldermen and Common-Council of London to the Prince of Orange . XII . A Speech of Sir G. Treby on delivery of the City Address . Licensed and Entred according to Order . London printed , and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row , 1688. THE DECLARATION Of His HIGHNESS VVilliam Henry , By the Grace of God , PRINCE of ORANGE , &c. Of the Reasons inducing him to appear in Arms in the Kingdom of England , for preserving of the Protestant Religion , and for restoring the Laws and Liberties of England , Scotland , and Ireland . IT is both certain , and evident to all Men , that the Publick Peace and Happiness of any State or Kingdom , cannot be preserved , where the Laws , Liberties , and Customs established , by the Lawful Authority in it , are openly Transgressed and Annulled : More especially where the Alteration of Religion is endeavoured , and that a Religion which is contrary to Law is endeavoured to be introduced : Upon which those who are most immediately concerned in it , are indispensably bound to endeavour to preserve and maintain the established Laws , Liberties , and Customs ; and above all , the Religion and Worship of God that is established among them ; and to take such an effectual care , that the Inhabitants of the said State or Kingdom , may neither be deprived of their Religion , nor of their Civil Rights . Which is so much the more necessary , because the Greatness and Security , both of Kings , Royal Families , and of all such as are in Authority , as well as the Happiness of their Subjects and People , depend in a most especial manner , upon the exact observation and maintenance of these their Laws , Liberties , and Customs . Upon these Grounds it is , that we cannot any longer forbear to declare , That to our great regret , we see that those Counsellors who have now the chief Credit with the King , have overturned the Religion , Laws , and Liberties of those Realms ; and subjected them in all Things relating to their Consciences , Liberties and Properties , to Arbitrary Government ; and that not only by secret and indirect ways , but in an open and undisguised manner . Those Evil Counsellors , for the advancing and colouring this with some plausible Pretexts , did invent and set on foot , the King 's Dispensing Power , by virtue of which they pretend , that according to Law , he can Suspend and Dispense with the Execution of the Laws , that have been enacted by the Authority of the King and Parliament , for the Security and Happiness of the Subject , and so have rendred those Laws of no effect : Though there is nothing more certain , than that as no Laws can be made , but by the joint concurrence of King and Parliament ; so likewise Laws so enacted , which secure the Publick Peace and Safety of the Nation , and the Lives and Liberties of every Subject in it , cannot be repealed or suspended but by the same Authority . For though the King may pardon the Punishment that a Transgressor has incurred , and to which he is condemned , as in the Cases of Treason or Felony , yet it cannot be with any colour of Reason inferred from thence , that the King can entirely suspend the Execution of those Laws relating to Treason or Felony : Unless it is pretended , that he is clothed with a Despotick and Arbitrary Power , and that the Lives , Liberties , Honours and Estates of the Subjects , depend wholly on his good Will and Pleasure , and are entirely subject to him ; which must infallibly follow , on the King 's having a Power to suspend the Execution of the Laws , and to dispense with them . Those Evil Counsellors , in order to the giving some credit to this strange and execrable Maxim , have so conducted the Matter , that they have obtained a Sentence from the Judges , declaring that this Dispensing Power is a Right belonging to the Crown ; as if it were in the Power of the Twelve Judges to offer up the Laws , Rights and Liberties of the whole Nation ▪ to the King , to be disposed of by him Arbitrarily and at his Pleasure , and expresly contrary to Laws enacted , for the Security of the Subjects . In order to the obtaining this Judgment , those Evil Counsellors did before-hand examine secretly the Opinion of the Judges , and procured such of them as could not in Conscience concur in so pernicious a Sentence , to be turned out , and others to be substituted in their Rooms , till by the Changes which were made in the Courts of Judicature , they at last obtained that Judgment . And they have raised some to those Trusts , who made open profession of the Popish Religion , though those are by Law rendred incapable of all such Employments . It is also manifest and notorious , that as his Majesty was , upon his coming to the Crown , received and acknowledged by all the Subjects of England , Scotland , and Ireland , as their King , without the least Opposition , though he made then open profession of the Popish Religion , so he did then promise , and solemnly swear , at his Coronation , That he would maintain his Subjects in the free enjoiment of their Laws and Liberties ; and in particular , that he would maintain the Church of England as it was established by Law : It is likewise certain , that there have been , at divers and sundry times , several Laws enacted for the preservation of those Rights , and Liberties , and of the Protestant Religion : And among other Securites , it has been enacted that all Persons whatsoever , that are advanced to any Ecclesiastical Dignity , or to bear Office in either University , as likewise all other , that should be put in any Imploiment , Civil or Military , should declare that they were not Papists , but were of the Protestant Religion , and that , by their taking of the Oaths of Allegiance , and Supremacy , and the Test ; yet these Evil Counsellors have in effect annulled and abolished all those Laws , both with relation to Ecclesiastical and Civil Emploiments . In order to Ecclesiastical Dignities and Offices , they have not only , without any colour of Law , but against most express Laws to the contrary , set up a Commission of a certain Number of Persons , to whom they have committed the Cognizance and Direction of all Ecclesiastical Matters : In the which Commission there has been , and still is , one of his Majesty's Ministers of State , who makes now publick profession of the Popish Religion , and who at the time of his first professing it , declared , That for a great while before , he had believed that to be the only true Religion . By all this , the deplorable State to which the Protestant Religion is reduced is apparent , since the Affairs of the Church of England , are now put into the Hands of Persons , who have accepted of a Commission that is manifestly Illegal ; and who have executed it contrary to all Law ; and that now one of their chief Members has abjured ●he Pro●estant Religion , and declared himself a Papist , by which he is become incapable of holding any Publick Emploiment . The said Commissioners have hitherto given such proof of their submission to the Directions given them , that there is no reason to doubt but they will still continue to promote all such Designs as will be most agreeable to them . And those Evil Counsellors take care , to raise none to any Ecclesiastical Dignities , but Persons that have no Zeal for the Protestant Religion , and that now hide their unconcernedness for it , under the specious pretence of Moderation . The said Commissioners have suspended the Bishop of London , only because he refused to obey an Order that was sent him to suspend a Worthy Divine , without so much as citing him before him , to make his own Defence , or observing the common Forms of Process . They have turned out a President , chosen by the Fellows of Magdal●ne Colledg , and afterwards all the Fellows of that Colledg , without so much as citing them before any Court that could take legal cognizance of that Affair , or obtaining any Sentence against them by a competent Judg. And the only Reason that was given for turning them out , was , their refusing to chuse for their President , a Person that was recommended to them by the i●●●igation of those Evil Counsellors ; Though the right of a free Election belonged undoubtedly to them . But they were turned out of their Freeholds contrary to Law , and to that express Provision in Magna Charta , That no Man shall lose Life or Goods , but by the Law of the Land. And now these Evil Counsellors have put the said Colledg wholly into the Hands of Papists ; though , as is above said , they are incapable of all such Imploiments , both by the Law of the Land , and the Statutes of the Colledg . These Commissioners have also cited before them all the Chancellors and Arch-deacons of England , requiring them to certify to them the Names of all such Clergy-men as have read the King's Declaration for Liberty of Conscience , and of such as have not read it ; without considering that the reading of it , was not enjoined the Clergy , by the Bishops who are their Ordinaries . The illegality and incompetency of the said Court of the Ecclesiastical Commissioners , was so notoriously known , and it did so evidently appear that it tended to the subversion of the Protestant Rel●●ion , that the most Reverend Father in God , William Arch-bishop of Canterbury , Primate and Metropolitan of all England , seeing that it was raised for no other end , but to oppress such Persons as were of eminent Virtue , Learning , and Piety , refused to sit or concur in it . And though there are many express Laws against all Churches or Chappels , for the exercise of the Popish Religion , and also against all Monasteries and Convents , and more particularly against the Order of the Jesuits : yet those Evil Counsellors have procured Orders for the building of several Churches and Chappels for the Exercise of that Religion . They have also procured divers Monasteries to be erected ; and in contempt of the Law they have not only set up several Colledges of Iesuits in divers places , for the corrupting of the Youth , but have raised up one of the Order , to be a Privy Counsellor , and a Minister of State. By all which they do evidently shew , that they are restrained by no Rules or Law whatsoever , but that they have subjected the Honours and Estates of the Subjects , and the Establish'd Religion , to a Despotick Power , and to Arbitrary Government : In all which they are served and seconded by those Ecclesiastical Commissioners . They have also followed the same Methods with Relation to Civil Affairs : For they have procured Orders to examine all Lords-Lieutenants , Deputy-Lieutenants , Sheriffs , Justices of Peace , and all others that were in any Publick Employment , if they would concur with the King in the Repeal of the Test and Penal Laws ; and all such whose Consciences did not suffer them to comply with their Designs , were turned out , and others were put in their places , who they believe would be more compliant to them , in their Designs of defeating the Intent and Execution of those Laws , which had been made with so much Care and Caution for the Security of the Protestant Religion . And in many of these places they have put professed Papists , though the Law has disabled them , and warranted the Subjects not to have any regard to their Orders . They have also invaded the Priviledges , and seized on the Charters of most of those Towns that have a right to be represented by ●heir Burgesses in Parliament , and have procured Surrenders to be made of them , by which the Magistrates in them have delivered up all their Rights and Priviledges , to be disposed of at the pleasure of those Evil Counsellors , who have thereupon placed new Magistrates in those Towns , such as they can most entirely confide in ; and in many of them they have put Popish Magistrates , notwithstanding the Incapacities under which the Law has put them . And whereas no Nation whatsoever can subsist without the Administration of good and impartial Justice , upon which Mens Lives , Liberties , Honours , and Estates do depend ; those Evil Counsellors have subjected these to an Arbitrary and Despotick Power : In the most important Affairs they have studied to discover before-hand the Opinions of the Judges , and h●ve turned out such as they found would not conform themselves to their Intentions , and have put others in their places , of whom they were more assured , without having any regard to their Abilities . And they have not stuck to raise even professed Papists to the Courts of Judicature , notwithstanding their Incapacity by Law , and that no Regard is due to any Sentences flowing from them . They have carried this so far as to deprive such Judges , who in the common Administration of Justice , shewed that they were governed by their Consciences , and not by the Directions which the others gave them . By which it is apparent they design to render themselves the absolute Masters of the Lives , Honours and Estates of the Subjects , of what Rank or Dignity soever they may be ; and that without having any regard either to the Equity of the Cause , or to the Conscience of the Judges , whom they will have to submit in all things to their own will and Pleasure ; hoping by such ways to intimidate those who are yet in Imployment , as also such others as they shall think fit to put in the rooms of those whom they have turned out , and to make them see what they must look for , if they should at any time act in the least contrary to their good liking , and that no failings of that kind are pardoned in any Persons whatsoever . A great deal of Blood has been shed in many places of the Kingdom by Judges governed by those Evil Counsellors , against all the Rules and Forms of Law , without so much as suffering the Persons that were accused , to plead in their own Defence . They have also , by putting the Administration of Justice into the hands of Papists , brought all the matters of Civil Justice into great uncertainties ; with how much Exactness and Justice soever that these Sentences may have been given . For since the Laws of the Land do not only exclude Papists from all places of Judicature , but have put them under an Incapacity , none are bound to acknowledg or to obey their Judgments ; and all Sentences given by them , are null and void of themselves : so that all Persons who have been cast in Trials before such Popish Judges , may justly look on their pretended Sentences , as having no more force than the Sentences of any private and unauthorized Person whatsoever . So deplorable is the Case of the Subjects , who are obliged to answer to such Judges , that must in all things stick to the Rules which are set them by those Evil Counsellors , who as they raised them up to those Imployments , so can turn them out of them at pleasure , and who can never be esteemed lawful Judges ; so that all their Sentences are , in the Construction of the Law , of no Force and Efficacy . They have likewise disposed of all Military Imployments in the same manner ; for tho the Laws have not only excluded Papists from all such Imployments , but have in particular provided that they should be disarmed ; yet they , in Contempt of these Laws , have not only armed the Papists , but have likewise raised them up to the greatest Military Trusts both by Sea and Land , and that Strangers as well as Natives , and Irish as well as English , that so by those means , having rendred themselves Masters both of the Affairs of the Church , of the Government of the Nation , and of the course of Justice , and subjected them all to a Despotick and Arbitrary Power , they might be in a Capacity to maintain and execute their wicked Designs by the assistance of the Army , and thereby to enslave the Nation . The dismal Effects of this Subversion of the established Religion , Laws and Liberties in England , appear more evident to us , by what we see done in Ireland : Where the whole Government is put into the Hands of Papists , and where all the Protestant Inhabitants are under the daily Fears of what may be justly apprehended from the Arbitrary Power which is set up there ; which has made great numbers of them leave that Kingdom , and abandon their Estates in it , remembring well that cruel and bloody Massacre which fell out in that Island in the Year 1641. Those Evil Counsellous have also prevailed with the King to declare in Scotland , that he is clothed with Absolute Power , and that all the Subjects are bound to obey him without Reserve : upon which he has assumed an Arbitrary Power , both over the Religion and Laws of that Kingdom , from all which it is apparent what is to be looked for in England , as soon as matters are duly prepared for it . Those great and insufferable Oppressions , and the open Contempt of all Law , together with the apprehensions of the sad Consequences that must certainly follow upon it , have put the Subj●●ts under great and just Fears , and have made them look after such lawful Remedies as are allowed of in all Nations ; yet all has been without Effect . And those Evil Counsellours have endeavoured to make all Men apprehend the loss of their Lives , Liberties , Honours , and Estates , if they should go about to preserve themselves from this Oppression by Petitions , Representations , or other means authorised by Law. Thus did they proceed with the Arch-bishop of Canterbury , and the other Bishops , who having offer'd a most humble Petition to the King , in terms full of Respect , and not exceeding the number limited by Law , in which they set forth in short the Reasons for which they could not obey that Order , which , by the Instigation of those Evil Counsellors , was sent them , requiring them to appoint their Clergy to read in their Churches the Declaration for Liberty of Conscience , were sent to Prison , and afterwards brought to a Trial , as if they had been guilty of some enormous Crime . They were not only obliged to defend themselves in that pursuit , but to appear before professed Papists , who had not taken the Test , and by Consequence were Men whose Interest led them to condemn them ; and the Judges that gave their Opinion in their Favours were thereupon turned out . And yet it cannot be pretended , that any Kings , how great soever their Power has been , and how Arbitrary and Despotick soever they have been in the exercise of it , have ever reckoned a Crime for their Subjects to come in all Submission and Respect , and in a due Number , not exceeding the Limits of the Law , and represent to them the Reasons that made it impossible for them to obey their Orders . Those Evil Counsellors have also treated a Peer of the Realm as a Criminal , only because he said that the Subjects were not bound to obey the Orders of a Popish Justice of Peace ; tho it is evident , that they being by Law rendred incapable of all such Trusts , no regard is due to their Orders . This being the Security which the People have by the Law for their Lives , Liberties , Honours and Estates , that they are not to be subjected to the Arbitrary Proceedings of Papists that are contrary to Law , put into any Employments Civil or Military . Both We our selves , and our Dearest and most Entirely Beloved Consort , the Princess , have endeavoured to signify in terms full of Respect to the King , the just and deep Regret which all these Proceedings have given us : and in Compliance with his Majesties Desires signified to us , We declared , both by word of Mouth to his Envoy , and in writing , what our Thoughts were touching the repealing of the Test and Penal Laws ; which we did in such a manner , that we hoped we had proposed an Expedient , by which the Peace of those Kingdoms , and a happy Agreement among the Subjects of all Perswasions might have been settled ; but those Evil Counsellors have put such ill Constructions on these our good Intentions , that they have endeavoured to alienate the King more and more from us ; as if We had designed to disturb the Quiet and Happiness of the Kingdom . The last and great Remedy for all those Evils , is the calling of a Parliament , for securing the Nation against the evil Practices of those wicked Counsellors ; but this could not be yet compassed , nor can it easily be brought about . For those Men apprehending that a lawful Parliament being once assembled , they would be brought to an account for all their open Violations of Law , and for their Plots and Conspiracies against the Protestant Religion , and the Lives and Liberties of the Subjects , they have endeavoured under the specious Pretence of Liberty of Conscience , first to sow Divisions among Protestants , between those of the Church of England and the Dissenters : The Design being laid to engage Protestants that are all equally concerned to preserve themselves from Popish Oppression , into mutual Quarellings ; that so by these , some Advantages might be given to them to bring about their Designs ; and that both in the Election of the Members of Parliament , and afterwards in the Parliament it self . For they see well that if all Protestants could enter into a mutual good Understanding one with another , and concur together , in the preserving of their Religion , it would not be possible for them to compass their wicked Ends. They have also required all Persons in the several Counties of England , that either were in any Imployment , or were in any considerable Esteem , to declare before-hand , that they would concur in the Repeal of the Test and Penal Laws , and that they would give their Voices in the Elections to Parliament only for such as would concur in it : Such as would not thus preingage themselves , were turned out of all Imployments , and others who entred into those Engagements were put into their places , many of them being Papists . And , contrary to the Charters and Priviledges of those Buroughs that have a Right to send Burgesses to Parliament , they have ordered such Regulations to be made , as they thought fit and necessary , for assuring themselves of all the Members that are to be chosen by those Corporations ; and by this means they hope to avoid that Punishment which they have deserved , tho it is apparent , that all Acts made by Popish Magistrates are null and void of themselves ; so that no Parliament can be lawful , for which the Elections and Returns are made by Popish Sheriffs and Mayors of Towns ; and therefore , as long as the Authority and Magistracy is in such hands , it is impossible to have any lawful Parliament . And tho according to the Constitution of the English Government and immemorial Custom , all Elections of Parliament-Men ought to be made with an entire Liberty , without any sort of Force , or the requiring the Electors to chuse such Persons as shall be named to them ; and the Persons thus freely elected , ought to give their Opinions freely upon all matters that are brought before them , having the Good of the Nation ever before their Eyes , and following in all things the Dictates of their Consciences , yet now the People of England cannot expect a Remedy from a free Parliament legally called and chosen : But they may perhaps see one called , in which all Elections will be carried by Fraud or Force , and which will be composed of such Persons , of whom those Evil Counsellors hold themselves well assured , in which all things will be carried on according to their Direction and Interest , without any regard to the Good or Happiness of the Nation . Which may appear evidently from this , that the same Persons tried the Members of the last Parliament , to gain them to consent to the Repeal of the Test and Penal Laws , and procured that Parliament to be dissolved when they found that they could not , neither by Promises nor Threatnings , prevail with the Members to comply with their wicked Designs . But to crown all , There are great and violent Presumptions , inducing us to believe , that those Evil Counsellors , in order to the carrying on of their ill Designs , and to the gaining to themselves the more time for the effecting of them , for the encouraging their Complices , and for the discouraging of all good Subjects , have published that the Queen hath brought forth a Son ; tho there have appeared both during the Queen's pretended Bigness , and in the manner in which the Birth was managed , so many just and visible grounds of Suspicion , that not only We our selves , but all the good Subjects of those Kingdoms , do vehemently suspect that the pretended Prince of Wales was not born by the Queen . And it is notoriously known to all the World , that many both doubted of the Queen's Bigness , and of the Birth of the Child , and yet there was not any one thing done to satisfie them , or to put an end to their Doubts . And since our Dearest and most Entirely Beloved Consort the Princess , and likewise We our Selves , have so great an Interest in this Matter , and such a Right as all the World knows to the Succession to the Crown : Since also the English did in the Year 1672. when the States General of the Vnited Provinces were invaded in a most unjust War , use their uttermost Endeavours to put an end to that War , and that in opposition to those who were then in the Government ; and by their so doing they run the hazard of losing both the Favour of the Court , and their Imployments : And since the English Nation has ●ver testified a most particular Affection and Esteem , both to our Dearest Consort the Princess , and to Our Selves , We cannot excuse our selves from espousing their Interests in a Matter of such high Consequence , and from contributing all that lies in us for the maintaining both of the Protestant Religion , and of the Laws and Liberties of those Kingdoms , and for the securing to them the continual Enjoyment of all their just Rights . To the doing of which we are most earnestly solicited by a great many Lords both Spiritual and Temporal , and by many Gentlemen and other Subjects of all Ranks . Therefore it is that we have thought fit to go over to England , and to carry over with us a Force sufficient , by the Blessing of God , to defend us from the Violence of those Evil Counsellors . And We being desirous that our Intentions in this may be rightly understood , have for this end prepared this Declaration , in which as We have hitherto given a true Account of the Reasons inducing us to it ; so we now think fit to declare that this our Expedition is intended for no other Design , but to have a free and lawful Parliament assembled , as soon as possible ; and that in order to this , all the late Charters by which the Elections of Burgesses are limited , contrary to the Ancient Custom , shall be considered as null and of no force ; and likewise all Magistrates who have been injustly turned out , shall forthwith resume their former Imployments , as well as all the Buroughs of England , shall return again to their Ancient Prescriptions and Charters : And more particularly that the Ancient Charter of the great and famous City of London , shall again be in force ; and that the Writs for the Members of Parliament shall be addressed to the proper Officers , according to Law and Custom . That also none be suffered to choose or to be chosen Members of Parliament but such as are qualified by Law ; and that the Members of Parliament being thus lawfully chosen , they shall meet and sit in full Freedom ; that so the two Houses may concur in the preparing such Laws as they , upon full and free debate , shall judg necessary and convenient , both for the confirming and executing the Law concerning the Test , and such other Laws as are necessary for the Security and Maintenance of the Protestant Religion ; as likewise for making such Laws as may establish a good Agreement between the Church of England and all Protestant Dissenters , as also for the covering and securing of all such who will live peaceably under the Government as becomes good Subjects , from all Persecution upon the account of their Religion , even Papists themselves not excepted ; and for the doing of all other things which the two Houses of Parliament shall find necessary for the Peace , Honour and Safety of the Nation ; so that there may be no more danger of the Nations falling at any time hereafter under Arbitrary Government . To this Parliament we will also refer the Enquiry into the Birth of the pretended Prince of Wales , and of all things relating to it , and to the Right of Succession . And We for our part , will concur in every thing that may procure the Peace and Happiness of the Nation , which a Free and Lawful Parliament shall determine ; since We have nothing before our Eyes in this our Undertaking , but the Preservation of the Protestant Religion , the covering of all Men from Persecution for their Consciences , and the securing to the whole Nation the free Enjoyment of all their Laws , Rights and Liberties , under a just and legal Government . This is the Design that We have proposed to our Selves in appearing upon this occasion in Arms : In the Conduct of which , We will keep the Forces under our Command , under all the strictness of Martial Discipline , and take a special care that the People of the Countries through which we must march , shall not suffer by their means ; and as soon as the State of the Nation will admit of it , We promise that We will send back all those Foreign Forces that we have brought along with us . We do therefore hope that all People will judg rightly of us , and approve of these our P●oceedings ; but We chiefly relie on the Blessing of God for the Success of this our Undertaking , in which We place our whole and only Confidence . We do in the last place invite and require all Persons whatsoever , all the Peers of the Realm , both Spiritual and Temporal , all Lords-Lieutenants , Deputy-Lieutenants , and all Gentlemen , Citizens , and other Commons of all Ranks , to come and assist us in order to the executing of this our Design , against all such as shall endeavour to oppose us , that so we may prevent all those Miseries which must needs follow upon the Nations being kept under Arbitrary Government and Slavery ; and that all the Violences and Disorders which have overturned the whole Constitution of the English Government , may be fully redressed in a FREE AND LEGAL PARLIAMENT . And We do likewise resolve , that as soon as the Nations are brought to a State of Quiet , We will take care that a Parliament shall be called in Scotland , for the restoring the Ancient Constitution of that Kingdom , and for bringing the Matters of Religion to such a Settlement , that the People may live easie and happy , and for putting an end to all the injust Violences that have been in a course of so many Years committed there . We will also study to bring the Kingdom of Ireland to such a State , that the Settlement there may be religiously observed ; and that the Protestant and British Interest there may be secured . And we will endeavour by all possible means to procure such an Establishment in all the three Kingdoms , that they may all live in a happy Union and Correspondence together , and that the Protestant Religion , and the Peace , Honour and Happiness of those Nations may be established upon lasting Foundations . Given under our Hand and Seal at our Court in the Hague , the Tenth day of October , in the Year 1688. WILLIAM HENRY , PRINCE OF ORANGE . By His Highnesses special Command , C. HUYGENS. His Highnesses Additional Declaration . AFter We had prepared and printed this our Declaration , we have understood , that the Subverters of the Religion and Laws of those Kingdoms , hearing of our Preparations to assist the People against them , have begun to retract some of the Arbitrary and Despotick Powers that they had assumed , and to vacate some of their unjust Judgments and Decrees . The sense of their Guilt , and the distrust of their Force , have induced them to offer to the City of London some seeming Relief from their great Oppressions , hoping thereby to quiet the People , and to divert them from demanding a Secure Reestablishment of their Religion and Laws under the shelter of our Arms. They do also give out , that we intend to Conquer and Enslave the Nation ; and therefore it is that we have thought fit to add a few words to our Declaration . We are confident , that no Persons can have such hard Thoughts of us , as to imagine that we have any other Design in this Undertaking , than to procure a Settlement of the Religion , and of the Liberties and Properties of the Subjects upon so sure a Foundation , that there may be no danger of the Nation 's relapsing into the like Miseries at any time hereafter . And as the Forces we have brought along with us , are utterly disproportioned to that wicked Design of Conquering the Nation , if we were capable of intending it ; so the great Numbers of the principal Nobility and Gentry , that are Men of Eminent Quality and Estates , and Persons of known Integrity and Zeal , both for the Religion and Government of England ; many of them being also distinguished by their constant Fidelity to the Crown , who do both accompany Us in this Expedition , and have earnestly solicited Us to it , will cover Us from all such Malicious Insinuations : For it is not to be imagined , that either those who have invited Us , or those that are already come to assist Us , can join in a wicked Attempt of Conquest , to make void their own lawful Titles to their Honours , Estates and Interests . We are also confident , that all Men see how little weight there is to be laid on all Promises and Engagements that can be now made , since there has been so little regard had in Time past to the most solemn Promises . And as that imperfect Redress that is now offered , is a plain Confession of those Violations of the Government that we have set forth ; so the defectiveness of it is no less Apparent ; for they lay down nothing which they may not take up at pleasure : and they reserve entire , and not so much as mentioned their Claims and Pretences to an Arbitrary and Despotick Power ; which has been the root of all their Oppression , and of the total subversion of the Government . And it is plain , that there can be no Redress nor Remedy offered but in Parliament , by a Declaration of the Rights of the Subjects that have been invaded , and not by any pretended Acts of Grace , to which the extremity of their Affairs has driven them . Therefore it is that we have thought fit to declare , that we will refer all to a Free Assembly of the Nation in a Lawful Parliament . Given under our Hand and Seal , at our Court in the Hague , the 24 th day of October , in the Year of our Lord 1688. William Henry , Prince of Orange . By his Highness special Command , C. HUYGENS. To the Right Honourable My Lords of his Majesty's Commission Ecclesiastical . IMost humbly Intreat your Lordships Favourable Interpretation of what I now Write , That since your Lordships are resolved to Proceed against those who have not complyed with the King's Command , in Reading His Deelaration . It is absolutely impossible for me to Serve His Majesty any longer in this Commission : I beg leave to tell your Lordships , that though I my Self did submit in that particular , yet I will never be any way Instrumental in Punishing those my Brethren that did not . For , as I call God to Wittness , that what I did , was meerly in a Principle of Conscience ; So I am fully satisfied that their forbearance was upon the same Principle . I have no Reason to think otherwise of the whole Body of our Clergy , who upon all Occasions have signaliz'd their Loyalty to the Crown ; and their Zealous Affections to His Present Majesty's Person , in the worst of Times . Now , my Lords , the safety of the whole Church of England , seeming to be exceedingly concerned in this Prosecution ; I must declare , I cannot with a safe Conscience , Sit or Iudg in this Caufe , upon so many Pious and Excellent Men , with whom ( if it be God's Will ) it rather becomes me to Suffer , than to be in the least an Occasion of their Sufferings . I therefore earnestly request your Lordships , to interceed with His Majesty , that I may be Graciously dismissed from any further Attendance at your Board : And to assure him , that I am still ready to Sacrifice what ever I have to His Service , but my Conscience and Religion . My Lords , I am your Lordships , most Faithful and Obedient Servant , ROCHESTER . This Letter , as also the foresaid Declaration , should have been in the first Collection , but were forgotten till this . The Speech of the Prince of Orange , to some Principle Gentlemen of Somersetshire and Dorsetshire , on their coming to Ioyn his Highness at Exeter the 15th of Nov. 1688. THO we know not all your Persons , yet we have a Catalogue of your Names , and remember the Character of your Worth and Interest in your Country . You see we are come according to your Invitation and our Promise . Our Duty to God obliges us to protect the Protestant Religion ; and our Love to Mankind , your Liberties and Properties . We expected you that dwelt so near the place of our Landing , would have joyn'd us sooner , not that it is now too late , nor that we want your Military Assistance so much as your Countenance and Presence , to justify our declar'd Pretensions ; rather than accomplish our good and gracious Designs . Tho we have brought both a good Fleet , and a good Army , to render these Kingdoms happy , by rescuing all Protestants from Popery , Slavery , and Arbitrary Power ; by restoring them to their Rights and Properties established by Law , and by promoting of Peace and Trade , which is the Soul of Government , and the very Life-Blood of a Nation ; yet we rely more on the Goodness of God and the Justice of our Cause , than on any Humane Force and Power whatever . Yet since God is pleased we shall make use of Humane means , and not expect Miracles , for our preservation and Happiness ; let us not neglect making use of this gracious Opportunity , but with Prudence , and Courage put in Execution our so honourable Purposes . Therefore , Gentlemen , Friends and Fellow-Protestants , we bid you and all your Followers most heartily Well come to our Court and Camp. Let the whole World now Judg , if our pretentions are not Just , Generous , Sincere , and above Price ; since we might have even a Bridg of Gold to Return back ; But it is our Principle and Resolution , rather to dye in a Good Cause , than live in a Bad one , well knowing that Vertue and True Honour is its own Reward , and the Happiness of Mankind Our Great and Only Design . The True Copy of a Paper delivered by the Lord Devonshire to the Mayor of Darby , where he quarter'd the One and twentieth of November , 1688. WE the Nobility and Gentry of the Northern Parts of England , being deeply sensible of the Calamities that threaten these Kingdoms , do think it our Duty , as Christians and good Subjects , to endeavour what in Us lies , the Healing of our present Distractions , and preventing Greater : And as with Grief We apprehend the sad Consequences that may arise from the Landing of an Army in this Kingdom from Foreign Parts ; So We cannot but deplore the Occasion given for it , by so many Invasions , made of late years , on our Religion and Laws . And whereas We cannot think of any other Expedient to compose our Differences , and prevent Effusion of Blood , than that which procured a Settlement in these Kingdoms , after the late Civil Wars , the Meeting and Sitting of a Parliament , freely and duly Chosen , We think our Selves obliged ( as far as in Us lies ) to promote it ; And the rather , because the Prince of Orange ( as appears by His Declaration ) is willing to submit His own Pretensions , and all other Matters , to their Determination : We heartily wish , and humbly pray , That His Majesty would Consent to this Expedient , in order to a future Settlement ; And hope that such a Temperament may be thought of , as that the Army now on foot , may not give any Interruption to the proceeding of a Parliament . But if to the great Misfortune and Ruine of these Kingdoms , it should prove otherwise , We further Declare , That We will , to our utmost , defend the Protestant Religion , the Laws of the Kingdom , and the Rights and Liberties of the Subject . A Letter from a Gentleman at Kings-Lyn , Decemb . 7. 1688. to his Friend in London . SIR , THE Duke of Norfolk came to Town on Wednesday Night , with many of the chiefest of the County ; and yesterday in the Market-place received the Address following , which was presented by the Mayor , attended by the Body , and many hundreds of the Inhabitants . To his Grace the most Noble HENRY Duke of Norfolk , Lord Marshal of England . My Lord , THE daily Allarums we receive , as well from Foreign as Domestick Enemies , give us just Apprehensions of the approaching Danger which we conceive we are in ; and to apply with all earnestness to your Grace as our great Patron , in all humble Confidence to succeed in our Expectations , That we may be put into such a posture by your Grace's Directions and Conduct , as may make us appear as zealous as any in the Defence of the Protestant Religion , the Laws and Ancient Government of this Kingdom . Being the desire of many hundreds , who most humbly challenge a Right of your Grace's Protection . His Grace's Answer . Mr. Mayor , I Am very much obliged to you , and the rest of your Body , and those here present , for your good Opinion of me ; and the Confidence you have , that I will do what in me lies to support and defend the Laws , Liberties , and Protestant Religion , in which I will never deceive you . And since the coming of the Prince of Orange hath given us an opportunity to declare for the defence of them ; I can only assure you , that no Man will venture his Life and Fortune more freely for the Defence of the Laws , Liberties , and Protestant Religion , than I will do ; and with all these Gentlemen here present , and many more , will unanimously concur therein ; and you shall see that all possible Care shall be taken , that such a Defence shall be made as you require . AFter which the Duke was , with his Retinue , received at the Mayor's House at Dinner , with great Acclamations ; and his Proceedings therein have put our County into a Condition of Defence , of which you shall hear further in a little time , our Militia being ordered to be raised throughout the County . Our Tradesmen , Seamen , and Mobile , have this morning generally put Orange Ribbon on their Hats , Ecchoing Huzza's to the Prince of Orange and Duke of Norfolk . All are in a hot Ferment : God send us a good issue of it . Lyn-Regis , Decemb. 10. 1688. SIR , BY mine of the 7 th Instant , I gave you an Account of the Address of this Corporation to hi● Grace the Duke of Norfolk , and of his Grace's Answer thereto . Since which his Grace has sent for the Militia Troops , and put them in a posture of Defence , as appears by the ensuing Speech . The Duke of Norfolk's Second Speech at Lynn . I Hope you see I have endeavoured to put you in the posture you desired , by sending both for Horse and Foot of the Militia , and am very glad to see such an Appearance of this Town in so good a Condition . And I do again renew my former Assurances to you , that I will ever stand by you to defend the Laws , Liberties , and the Protestant Religion , and to procure a Settlement in Church and State , in concurrence with the Lords and Gentlemen in the North , and pursuant to the Declaration of the Prince of Orange . And so God save the King. The Declaration of the Lords Spiritual and Temporal , in and about the Cities of London and Westminster , Assembled at Guildhal , Dec. 1688. WE doubt not but the World believes that , in this Great and Dangerous Conjuncture , We are heartily and zealously concerned for the Protestant Religion , the Laws of the Land , and the Liberties and Properties of the Subject . And We did reasonably hope , that the King having Issued His Proclamation , and Writs for a Free Parliament , We might have rested Secure under the Expectation of that Meeting : But His Majesty having withdrawn Himself , and , as We apprehend , in order to His Departure out of this Kingdom , by the Pernicious Counsels of Persons ill Affected to Our Nation and Religion , We cannot , without being wanting to Our Duty , be silent under those Calamities , wherein the Popish Counsels which so long prevailed , have miserably involved these Realms . We do therefore Unanimously resolve to apply Our Selves to His Highness the Prince of Orange , who with so great Kindness to these Kingdoms , so vast Expence , and so much hazard to his own Person , hath Undertaken , by endeavouring to Procure a Free Parliament , to rescue Us , with as little Effusion as possible of Christian Blood , from the imminent Dangers of Popery and Slavery . And We do hereby Declare , That We will , with our utmost Endeavours , assist his Highness in the obtaining such a Parliament with all speed , wherein Our Laws , Our Liberties and Properties may be Secured , the Church of England in particular , with a due Liberty to Protestant Dissenters , and in general the Protestant Religion and Interest ov●r the whole World may be Supported and Encouraged , to the Glory of God , the Happiness of the Established Government in these Kingdoms , and the Advantage of all Princes and States in Christendom , that may be herein concerned . In the mean time , We will Endeavour to Preserve , as much as in Us lies , the Peace and Security of these great and populous Cities of London and Westminister , and the Parts Adjacent , by taking Care to Disarm all Papists , and Secure all Jesuits and Romish Priests , who are in or about the same . And if there be any thing more to be performed by Us , for promoting His Higness's Generous Intentions for the Publick Good , We shall be ready to do it as occasion shall Require . W. Cant. Tho Ebor. Pembroke . Dorset . Mulgrave . Thanet . Carlisle . Craven . Ailesbury . Burlington . Sussex . Berkeley . Rochester . Newport . Weymouth . P. Winchester . W. Asaph . Fran. Ely. Tho. Roffen . Tho. Petribtrg . P. Wharton . North and Grey . Chandos . Montague . T. Iermyn . Vaughan Carbery . Culpeper . Crewe . Osulston . WHereas His Majesty hath privately this Morning withdrawn himself , We the Lords Spiritual and Temporal whose Names are Subscribed , being assembled at Guild-hall in London , having Agreed upon , and Signed a Declaration , Entituled , The Declaration of the Lords Spiritual and Temporal , in and about the Cities of London and Westminister , Assembled at Guild-hall , 11 Decemb. 1688. Do desire the Right Honourable the Earl of Pembroke , the Right Honourable the Lord Viscount Weymouth , the Right Reverend Father in God the Lord Bishop of Ely , and the Right Honourable the Lord Culpeper , forthwith to attend his Highness the Prince of Orange with the said Declaration , and at the same time acquaint his Highness with what we have further done at that Meeting . Dated at Guild-hall the 11 th of December , 1688. A Paper delivered to his Highness the Prince of Orange , by the Commissioners sent by his Majesty to Treat with Him. And his Highnesses Answer . WHereas on the 8 th of December 1688 , at Hungerford , a Paper signed by the Marquess of Hallifax , the Earl of Nottingham , and the Lord Godolphin , Commissioners sent unto Us from His Majesty , was delivered to Us in these Words following , viz. SIR , THE King commandeth us to acquaint You , That he observeth all the Differences and Causes of Complaint alledged by Your Highness seem to be referred to a Free Parliament . His Majesty , as He hath already declared , was resolved before this to call one , but thought that in the present State of Affairs it was adviseable to defer it till things were more compos'd . Yet seeing that His People still continue to desire it ; He hath put forth His Proclamation in order to it , and hath Issued forth His Writs for the calling of it . And to prevent any Cause of Interruption in it , He will consent to every thing that can be reasonably required for the Security of all those that shall come to it . His Majesty hath therefore sent Us to attend Your Highness for the adjusting of all Matters that shall be agreed to be necessary to the Freedom of Elections , and the Security of Sitting , and is ready immediately to enter into a Treaty in Order to it . His Majesty proposeth that in the mean time the respective Armies may be restrained within such Limits , and at such a Distance from London , as may prevent the Apprehensions that the Parliament may in any kind be disturbed , being desirous that the Meeting of it may be no longer delay'd than it must be by the usual and necessary Forms . Signed , Hallifax , Nottingham , Godolphin . Hungerford , Dec. 8 , 88. We , with the Advice of the Lords and Gentlemen Assembled with Us , have , in Answer to the same , made these following Proposals . I. THat all Papists , and such Persons as are not qualified by Law , be Disarmed , Disbanded , and Removed from all Employments , Civil and Military . II. That all Proclamations which Reflect upon Us , or any that have come to Us , or declared for Us , be recalled ; and that if any Persons for having so Assisted , have been committed , that they be forthwith set at Liberty . III. That for the Security and Safety of the City of London , the Custody and Government of the Tower be immediately put into the hands of the said City . IV. That if His Majesty shall think fit to be at London , during the Sitting of the Parliament , that We may be there also , with equal Number of Our Guards . Or if his Majesty shall please to be in any place from London , at what-ever distance he thinks fit , that We may be at a place of the same distance . And that the respective Armies do remove from London Thirty Miles , and that no more Foreign Forces be brought into the Kingdom . V. That for the Security of the Citiy of London and their Trade , Tilbury For● be put into the hands of the said City . VI. That to prevent the Landing of French , or other Foreign Troops , Portsmouth may be put into such hands , as by Your Majesty and Us shall be agreed upon . VII . That some sufficient part of the Publick Revenue be Assigned Us , for the Maintaining of our Forces , until the Meeting of a Free Parliament . Given at Littlecott , the Ninth of December , 1688. W. H. Prince of Orange . The KING's Letter TO THE EARL of FEVERSHAM , Upon his leaving Whitehall . Together with the Earl of Feversham's Letter to his Highness the PRINCE of Orange , after the King's departure . Whitehall , Decemb. 10. 1688. THings being come to that Extremity , that I have been forced to send away the Queen and my Son the Prince of Wales , that they might not fall into my Enemies Hands , which they must have done , if they had staid , I am obliged to do the same thing , and to endeavour to secure my self the best I can , in hopes it will please God out of his infinite Mercy to this Unhappy Nation , to touch their Hearts again with true Loyalty and Honour . If I could have relied on all my Troops , I might not have been put to the extremity I am in , and would at least have had one Blow for it ; but though I know there are many Loyal and brave Men amongst you , both Officers and Souldiers , yet you know , that both you and several of the General Officers and Men of the Army told me , it was no ways adviseable for me to venture my Self at their Head , or think to fight the Prince of Orange with them ; and now there remains only for me to thank you , and all those both Officers and Souldiers who have stuck to me , and been truly Loyal . I hope you will still retain the same Fidelity to Me , and though I do not expect you should expose your selves by resisting a Foreign Army , and a poysoned Nation , yet I hope your former Principles are so enrooted in you , that you will keep your selves free from Associations , and such pernicious things . Time presses , so that I can say no more . I. R. I must add this , That as I have always found you Loyal , so you have found me a kind Master , as you shall still find me to be . The Earl of Feversham's Letter . SIR , HAving receiving this Morning a Letter from His Majesty , with the unfortunate News of his Resolution to go out of England , and that he is actually gone , I thought my self obliged , being at the Head of his Army , having received His Majesties Order to make no opposition against any body , to let your Highness know , ( with the Advice of the Officers here ) so soon as it was possible , to hinder the misfortune of effusion of Blood ; I have ordered already to that purpose all the Troops that are under my Command , which shall be the last Order they shall receive from , &c. By the Prince of Orange , a DECLARATION . WHereas We are Informed , That divers Regiments , Troops and Companies , have been Encouraged to Disperse themselves in an Unusual and Unwarrantable Manner , whereby the Publick Peace is very much Disturbed : We have thought fit , hereby to Require all Colonels and Commanders in Chief of such Regiments , Troops and Companies , by Beat of Drum , or otherwise , to call together the several Officers and Soldiers , belonging to their Respective Regiments , Troops and Companies , in such Places as they shall find most Convenient for their Rendezvous , and there to keep them in good Order and Discipline . And We do likewise Direct and Require all such Officers and Soldiers , forthwith to Repair to such Place as shall be Appointed for that Purpose by the respective Colonels or Commanders in Chief , Whereof speedy Notice is to be given unto Us , for Our further Orders . Given at Our Court at Henly , the Thirteenth Day of December , 1688. W. H. Prince of Orange . Guild-Hall , London . December the 11th , 1688. By the Commissioners of Lieutenancy for the said City . Ordered , THat Sir Robert Clayton , Knt. Sir William Russel , Knt. Sir Basil Firebrace , Knt. and Charles Duncomb , Esq be a Committee from the said Lieutenancy to Attend His Royal Highness the Prince of Orange , and present to His Highness the Address agreed by the Lieutenancy for that purpose : And that they begin their Journey to Morrow Morning . By the Commissioners Command , Geo. Evans , Cl. Lieut. London . To His Highness the Prince of Orange . The Humble Address of the Lieutenancy of the City of London . May it please Your Highness , WE can never sufficiently express the deep Sence we have conceived , and shall ever retain in our Hearts , That Your Highness has exposed Your Person to so many Dangers both by Sea and Land for the Preservation of the Protestant Religion , and the Laws and Liberties of this Kingdom ; without which unparallel'd Undertaking we must probably have suffered all the Miseries that Popery and Slavery could have brought upon us . We have been greatly concerned , that before this time we have not had any seasonable Opportunity to give Your Highness and the World a real Testimony , that it has been our firm Resolution to venture all that is Dear to Us to attain those Glorious Ends which Your Highness has proposed for restoring and settling these Distracted Nations . We therefore now unanimously present to Your Highness our just and due Acknowledgments for the Happy Relief You have brought to us , and that we may not be wanting in this present Conjuncture , we have put our selves into such a Posture , that ( by the Blessing of God ) we may be capable to prevent all ill Designs , and to preserve this City in Peace and Safety till your Highness's Happy Arrival . We therefore humbly desire that your Highness will please to repair to this City with what convenient speed you can , for the perfecting the Great Work which Your Highness has so happily begun , to the general Joy and Satisfaction of us all . December the 17 th , 1688. THE said Committee this day made Report to the Lieutenancy , that they had presented the said Address to the Prince of Orange , and that His Highness received them very kindly . December the 17 th , 1688. By the Lieutenancy . Ordered , That the said Order and Address be forthwith Printed . Geo. Evans . To His Highness the Prince of ORANGE : The Humble ADDRESS of the Lord Mayor , Aldermen and Commons of the City of London , in Common Council assembled . May it please Your Highness , WE taking into Consideration your Highness's fervent Zeal for the Protestant Religion , manifested to the World , in your many and hazardous Enterprizes , which it hath pleased Almighty God to bless you with miraculous Success . We render our deepest Thanks to the Divine Majesty for the same : And beg leave to present our most humble Thanks to your Highness , particularly for your appearing in Arms in this Kingdom , to carry on and perfect your Glorious Design , to rescue England , Scotland and Ireland , from Slavery and Popery , and in a Free Parliament to establish the Religion , the Laws , and the Liberties of these Kingdoms upon a sure and lasting Foundation . We have hitherto look'd for some Remedy for these Oppressions and Imminent Dangers We , together with Our Protestant Fellow-Subjects , laboured under , from His Majesty's Concessions and Concurrences with Your Highness's Just and Pious purposes , expressed in Your Gracious Declarations . But herein finding Our Selves finally disappointed by His Majesty's withdrawing Himself , We presume to make Your Highness Our Refuge : And do in the Name of this Capital CITY , implore Your Highness's Protection ; and most humbly beseech Your Highness to vouchsafe to repair to this CITY , where Your Highness will be received with Universal Joy and Satisfaction . The Speech of Sir GEORGE TREBY , Kt. Recorder of the Honourable City of London , to his Highness the Prince of Orange , Dec. 20. 1688. May it please your Highness , THE Lord Mayor being disabled by Sickness , your Highness is attended by the Aldermen and Commons of the Capital City of this Kingdom , deputed to Congratulate your Highness upon this great and glorious Occasion . In which , labouring for Words , we cannot but come short in Expression . Reviewing our late Danger , we remember our Church and State , over-run by Popery and Arbitrary Power , and brought to the Point of Destruction , by the Conduct of Men ( that were our true Invaders ) that brake the Sacred Fences of our Laws , and ( which was worst ) the very Constitution of our Legislature . So that there was no Remedy left but the Last . The only Person , under Heaven , that could apply this Remedy , was Your Highness . You are of a Nation , whose Alliance , in all Times , has been agreeable and prosperous to us . You are of a Family most Illustrious , Benefactors to Mankind . To have the Title of Sovereign Prince , Stadtholder , and to have worn the Imperial Crown , are among their lesser Dignities : They have long enjoyed a Dignity singular and transcendent , viz. To be Champions of Almighty God , sent forth in several Ages , to vindicate his Cause against the greatest Oppressions . To this Divine Commission , our Nobles , our Gentry , and among them our brave English Souldiers , rendred themselves and their Arms upon your appearing . GREAT SIR , When we look back to the last Month , and contemplate the Swiftness and Fullness of our present Deliverance , astonish'd , we think it miraculous . Your Highness , led by the Hand of Heaven , and called by the Voice of the People , has preserved our dearest Interests . The Protestant Religion , which is Primitive Christianity , restor'd . Our Laws , which are our ancient Title to our Lives , Liberties , and Estates , and without which this World were a Wilderness . But , what Retribution can We make to your Highness ? Our Thoughts are full-charged with Gratitude . Your Highness has a lasting Monument in the Hearts , in the Prayers , in the Praises of all Good Men amongst us . And late Posterity will celebrate your ever-glorious Name , till Time shall be no more . Chapman Mayor . Cur ' special ' tent ' die Iovis xx . die Decemb ' 1688. Annoque R R. Iacobi Secundi Angl ' &c. quarto . THis Court doth desire Mr. Recorder to print his Speech this day made to the Prince of Orange at the time of this Court 's attending his Highness , with the Deputies of the several Wards , and other Members of the Common-Council . Wagstaffe . FINIS . A FIFTH Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. The hard Case of Protestant Subjects under the Dominion of a Popish Prince . II. An Answer to a late Pamphlet , entitled , A Short Scheme of the Vsurpations of the Crown of England , &c. III. An humble and hearty Address to all English Protestants in the Army . Published by Mr. Iohnson in the Year 1686. IV. Several Reasons against the Establishment of a standing Army , and Dissolving the Militia . V. A Discourse of Magistracy ; of Prerogative by Divine Right ; of Obedience , and of the Laws . VI. The Definition of a Tyrant , by Abr. Cowley : With several Queries thereupon proposed to the Lawyers . VII . A Letter to the King , inducing him to return to the Protestant Religion . VIII . Ten Seasonable Queries , proposed by an English Gentleman at Amsterdam to his Friends in England . Licensed and Entred according to Order . London printed , and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row , 1688. The hard Case of Protestant Subjects under the Dominion of a Popish Prince . A Prince putting himself and his Dominions under the Authority of the Pope , and admitting ( as he must unavoidably ) the Laws and Decrees of the Romish Church , all his Protestant Subjects being , by the Judgment and Sentence of that Church , Hereticks a , do forthwith lie under the Penalty which those Laws and Constitutions will have inflicted upon Hereticks ; Heresie b being the highest degree of High-Treason , called therefore by them , Laesae Crimen Majestatis Divinae : So the English Protestant must be a Traytor , and the worst of Traytors , and exposed to the Penalties of High-Treason . The Laws and Decrees of the Romish Church against Hereticks . Heresie c is denounced Infamous , and the Heretick must be dealt with as such ; which is many Penalties in one . First , Whereby they are deprived of all Nobility , Jurisdiction and Dignity , and debarred from all Offices , and publick Councils , Parliaments and others ; being made uncapable of choosing , and being chosen : So that it reacheth all sorts d of Clergy , Laity , Noble and Ignoble ; which is extended to their Children also . For , they say , The Issue of Traytors , Civil and Spiritual , lose their Nobility . And all that owe any Duty to such Infamous Persons , are discharged and exempted therefrom , as Subjects e from their Prince , Servants f from the●r Masters , Children g from their Parents , whom they also may lawfully kill . Whereby we may see a little , to what condition the Admission of the Papal Authority would reduce us , expelling both Nature and Humanity , and making the dearest Relatives unnatural and barbarous to one another ; it would leave no Protestant either Dignity or Authority , either Safety or Liberty ; Nobles are sentenced to Peasants , and Peasants to Slaves . Secondly , Another Penalty to which Hereticks are condemned by their Law , is Confiscation of Goods and Estate ; and this they incur ipso jure , & ipso facto ; that is , immediately as soon as they shew themselves Hereticks , before any legal Sentence have passed : For which there is an express Decree in the Canon-Law ; h Bona Haereticorum ipso jure discernemus confiscata ; We decree the Goods of Hereticks to be confiscate by Sentence of Law. The Effects of this Confiscation , wherein they all agree , makes the Severity of the Law apparent , viz. First , All the Profits made of the Estate from the first day of their Guilt , is to be i refunded . Secondly , All Alienations k by Gift , Sale , or otherwise , before Sentence , are null and void ; and all Contracts for that purpose l rescinded . Thirdly , Children , Heirs of Hereticks , are deprived of their Portions ; yea , tho they be Papists . Whereby it appears , that as soon as the Papacy is admitted , all Title and Property is lost and extinct among us : And therefore we must not think that Pope acted extravagantly , who declared , That all his Majesty's Territories were his own , as forfeited to the Holy See for the Heresie of Prince and People . Not only Abby-Lands are in danger , who ever possess them ; but all Estates are forfeited to his Exchequer , and legally confiscated : All is his own which Protestants in these three Nations have or ever had , if he can but meet with a Prince so wise as to help him to catch it ; whose process follows them beyond their Grave , and ruins their Children , and Children's Children after them . And when they have strip'd the Heretick of his All , they provide that no other shall relieve him , viz. That none shall receive him into their Houses , nor afford him any Help , nor shew him any Favour , nor give him any Counsel . We are here in England zealous for Property ; and all the reason in the World we should so be : But we must bid adieu to this , when we once come under the Pope's Authority ; for as soon as this is admitted , all the Protestants in these Nations are Beggars by Lrw , viz. by the Laws of that Church , which will then be Ours , divesting us of all Property and Title to whatever we account our own . Thirdly , Another Penalty which their Law inflicts on Hereticks , is Death m , which is the Sentence of the Canon-Law ; and which is so absolute , that no Secular Judg can remit , and which is the Judgment of all the Doctors , Ita docent omnes Doctores : And from which Penalty , neither Emperors nor Kings themselves are to be freed or exempt . And the Death they inflict is burning alive : No Death more tolerable , or of less exquisite Torture will satisfy the Mercy of that Church . The Canon saith thus ; Decernimus ut vivi in conspectu hominum comburantur ; We decree , that they shall be burnt alive in the sight of the World. So our last Popish Successor , Queen Mary , practised upon near three hundred Persons , without regard either to Age , Sex , or Quality : the Scripture they urge for it , is Iohn 15.6 . n If any one abide not in me , Men gather them and cast them into the Fire , and they are burnt . So that as soon as the Papal Authority is admitted among us , all the Protestants in these Nations are dead Men in Law ; being under a Law that hath sentenced us to be burnt alive , and under a Power that hath declared it necessary that no one of us escape with Life . Fourthly , Where legal Penalties cannot take place , by reason of opposite Strength , they hold War necessary , and lawful to chastise Hereticks : For which we might give you divers Authorities ; o but let Cardinal Allen , our Country-man , suffice ; who asserts it is not only lawful , but necessary : His words are these : It is clear ( saith he ) what People or Persons soever be declared to be opposite to GOD's Church , with what Obligation soever either of Kindred , Friendship , Loyalty , or Subjection I be bound unto them ; I may , or rather must take up Arms against them ; and then must we take them for Hereticks when our lawful Popes adjudg them so to be . And which ( saith Cardinal Pool ) is a War more holy than that against the Turks . Fifthly , To destroy them by Massacres is sometimes held more adviseable than to run the hazard of War , and which ( they say ) is both lawful and meritorious , for the rooting out a Pestilent Heresy , and the promoting the Roman Interest . This set a-foot the Irish Massacre , that inhuman bloody Butchery , and so much from the Savageness and Cruelty of their Nature , as the Doctrines and Principles which directed and encouraged it ; as also that of Paris , than which nothing was more grateful and acceptable to their Popes , as their p Bulls make manifest , and the picturing it in the Pope's Chamber ; and for which , as a most glorious Action , Triumphs were made , and publick Thanksgivings were returned to God. So in Savoy , and elsewhere , both in former and latter Times . And this was that which the late Conspirators aimed at so fully intending a Massacre . Those that escaped a Massacre , saith q Dugdale , must be cut off by the Army . And r Coleman tells the Internuncio in his Letters ; That their Design prospered so well , that he doubted not in a little time , their Business would be managed to the utter Ruin of the Protestant Party : The effecting whereof was so desirable and meritorious , that if he had a Sea of Flood , and an hundred Lives , he would lose them all to carry on the Design . And if to effect this , it were necessary to destroy an hundred Heretical Kings , he would do it s . Singleton the Priest affirmed , That he would make no more to stab forty Parliament-Men , than to eat his Dinner . Gerard and Kelley , to encourage Prance to kill Sir E. B. G. told him , It was no Murther , no Sin , and that to kill twenty of them was nothing in that case ; which was both a charitable and meritorious Act. And t Grant , one of the Massacring Gun-powder Traitors , said , upon his Execution , to one that urged him to repent of that wicked Enterprize , That he was so far from counting it a Sin , that on the contrary , he was confident , that that noble Design had so much of Merit in it , as would be abundantly enough to make Satisfaction for all the Sins of his whole Life . See Everard Digby speaking to the same purpose also ; the Provincial Garnet did teach the Conspirators the same Catholick Doctrine , viz. That the King , Nobility , Clergy , and whole Commonalty of the Realm of England ( Papists excepted ) were Hereticks ; and , That all Hereticks were accursed and excommunicated ; and That no Heretick could be a King , but that it was lawful and meritorious to kill him , and all other Hereticks within this Realm of England , for the advancement and inlargement of the Authority and Jurisdiction of the Pope , and for the restoring of the Romish Religion . This was that Garnet whom the Papists here honoured as a Pope , and kissed his Fee● , and reverenced his Iudgment as an Oracle ; and since his Death , given him the Honour of Saintship and Martyrdom u . Dugdale deposed , That after they had dispatched the King , a Massacre was to follow . But surely , it may be supposed , that the Temper of such a Prince , or his Interest , would oblige him to forbid or restrain such violent Executions in England . Yea , but what if his Temper be to comply with such Courses ? Or his Temper be better ? Wh●t if it be over-rul'd ? What if he be perswaded , as other Catholicks are , that he must in Conscience proceed thus ? What if he cannot do otherwise , without hazard of his Crown and Life ? For he is not to hold the Reins of Government alone , he will not be allowed to be much more than the Pope's POSTILLION , and must look to be dismounted , if he act not according to Order . The Law x tells us , That it is not in the Power of any Civil Magistrate to remit the Penalty , or abate the Rigour of the Law. Nay , if the Prince should plight his Faith by Oath , that he would not suffer their Bloody LAWS to be executed upon his Dissenting Subjects , this would signify nothing : For they would soon tell him , That y Contracts made against the Common Law are invalid , though con●irmed by Oath ; And , That he is not bound to stand to his Promise though he had sworn to it : And , That Faith is no more to be kept with Hereticks , than the Council of Constance would have it . So that Protestants are to be burnt , as Io. Huss and Ierom of Prague were by that Council , though the Emperor had given them his safe Condu●t in that Solemn manner , which could secure them only ( as they said ) from the Civil , but not Church-Process , which was the greatest . For 't is their General Rule , That Faith is either not to be given , or not kept with Hereticks . Therefore , saith Simanca , That Faith ingaged to Hereticks , though confirmed by Oath , is in no wise to be performed : For , saith he , if Faith is not to be kept with Tyrants and Pirats , and others who kill the Body , much less with Hereticks who kill the Souls . And that the Oath in favour of them , is but Vinculum Iniquitatis , A Bond of Iniquity . Though Popish Princes , the better to promote their Interest , and to insnare the Protestant Subjects , to get advantage upon them , to their Ruin , have made large Promises , and plighted their Faith to them , when they did not intend to keep it . As the Emperor to Iohn Huss and Ierom ; Charles the Ninth of France to his Protestant Subjects , before the Massacre ; the Duke of Savoy to his Protestant Subjects , before their designed Ruin ; and Queen Mary , before her burning of them . But if there were neither Law nor Conscience to hinder , yet in point of Interest , he must not shew favour to Hereticks , without apparent hazard , both z of Crown and Life , for he forfeits both if he doth . The Pope every Year doth not only curse Hereticks , but every Favourer of them , from which none but himself can absolve . a Becanus very elegantly tells us , If a Prince be a dull Cur , and fly not upon Hereticks , he is to be beaten out , and a keener Dog must be got in his stead . Henry the Third , and Henry the Fourth , were both Assassinated upon this Account , because they were suspected , to favour Hereticks . And are we not told by the Discoverers b of the Popish Plot , That after they had dispatch'd the King , they would depose his Brother also , that was to succeed him , if he did not answer their Expectations , for rooting out the Protestant Religion . But may not Parliaments secure us by Laws and Provisions restraining the Power which endangers us ? Not possible , if once they secure and settle the Throne for Popery : For , First , They can avoid Parliaments as long as they please ; and a Government that is more Arbitrary and Violent , is more agreeable to their Designs and Principles ▪ It being apparent , that the English Papists have lost the Spirit of their Ancestors , who so well asserted the English Liberties , being so generally now fix'd for the Pope's Universal Monarchy , sacrificing all to that Roman Moloch , being much more his Subjects than the King 's ; and though Natives by Birth , yet are Foreigners as to Government , Principle , Interest , Affection and Design ; and therefore no Friends to Parliaments , as our Experience hath told us . But , Secondly , if their Necessity should require a Parliament , there is no question but they may get such a one as will serve their turns : For so have every of our former Princes in all the Changes of Religion that have been amongst us : As Henry the 8 th , when he was both for and against Popery ; Edward the 6 th , when he was wholly Protestant ; Queen Mary , when she was for Burning Alive ; and Queen Elizabeth , when she ran so Counter to her Sister . And the Reason is clear , that he who has the making of the publick Officers , and the Keys of Preferment and Profit , influenceth and swayeth Elections and Votes as he pleaseth . And by how much the Throne comes to be fix'd in Popery , the Protestants must expect to be excluded from both Houses , as they have excluded the Papists : For as Hereticks and Traitors , they , as ignominous Persons , &c. you have heard , forfeit all Right , either to chuse , or be chosen in any Publick Councils : And then all Laws which have been made for the Protestants , and against the Popish Religion , will be null and void , as being enacted by an incompetent Authority , as being the Acts of Hereticks , Kings , Lords , and Commons , who had forfeited all their Rights and Priviledges . But , Thirdly , suppose our Laws were valid , as enacted by competent Authority , and such good and wholsome Provisions , as were those Statutes made by our Popish Ancestors , in those Statutes of Provisoes in Edward the I. & Edward the III. Time , and that of Praemunire in Richard the II. and Henry the IV. for Relief against Papal Incroachments and Oppressions : Yet being against the Laws and Canons of Holy Church , the Sovereign Authority , they will be all superseded : For so they determine , That when the Canon and the Civil Laws clash , one requiring what the other allows not , the Church-Law must have the observance , and that of the State neglected : And Constitutions ( they say ) made against the Canons and Decrees of the Roman Bi●hops , are of no moment : Their best Authors are positive of it . And our own Experience and Histories testify the Truth thereof : For how were those good Laws before-mention'd , defeated by the Pope's Authority , so that there was no effectual Execution thereof till Henry the 8 th's Time , as Dr. Burnet c tells us ? And how have the good Laws , to suppress and prevent Popery , been very much obstructed in their Execution by Popish Influence ? An Answer to a late Pamphlet , Intituled , A Short Scheme of the Usurpations of the Crown of England , &c. THE World may very justly wonder at several Passages in this ill-designed , and as ill-writ Pamphlet , which the Author has taken the pains to collect from some petty Grubstreet Chronicle . Henry II. is call'd an Usurper ( pag. 4. ) because he accepted of the Crown of England in his Mothers Life-time ; tho' by her not opposing his Claim , it may very reasonably be concluded , that she freely consented to his Promotion , as the most effectual means to secure the Crown to her Posterity . But we are told , That a Crown is no Estate to be made over in Trust : If our Author's meaning is , that a Crown is an Estate which the Possessor cannot divest himself of by a voluntary Resignation ; both Reason , and a multitulde of Examples in several Ages , and ●ations , prove that the Principle our Author has laid down , is founded on a gross Mistake . Therefore if our Author designs to publish any more Schemes of Usurpation , let him first inform us what it is , and how far it extends , lest the World should accuse him of having as notoriously usurped to himself the Title of a Writer , as any of our Princes ever did the Crown of England . He would perswade his Readers to believe , that God punish'd King Edward III. and King Henry V. for their Usurpations , with frequent and unexpected Victories ; in the acquisition of which , tho' there was some English Blood shed , ( as it was impossible it should be otherwise ) yet the Enemies paid an excessive Price for it ; after the defeat of their great Armies , and the Imprisonment of their King , they being forced to buy their Peace upon such Terms , as our conquering Usurpers pleased to impose . Nor did ever any well-wisher to the English Nation deny , that these Two Princes were the Glory of their Age , and of our British History . If I should reckon up all the evident Mistakes and false Inferences in this Libel , it would be too tedious , since a careless Eye cannot easily overlook them . If the Pamphlet finds so undeserved a Reception in the World , as to need a Second Impression , the Author is desired to add to it this Postscript ; which being founded on the Principles asserted by him , will shew the World that he hath wilfully , and perhaps partially , forborn to speak of as notorious an Usurper , as any that are mentioned in his Scheme . Queen Mary , the Off-spring of an Incestuous Marriage , had no other unquestionable Divine Right to the Crown of England , than what was given her by an Act of Parliament , made in her Father's Reign , and the common Consent of the Nobility and People after the Death of her Brother King Edward VI. whose disposal of the Crown , by Letters Patents under the Great Seal , being directly contrary to the former Entail of it , limited by a higher Authority ; His Sister , the Lady Mary , was acknowledged Queen . Therefore , according to our Author 's abstruse Notions , She ( as well as her Grand-father Henry VII . ) must be reckoned among the Usurpers of the Crown of England . Let us now see what success attended her , and whether the Nation was happy under her Government . As soon as She saw her self fixed in the Throne , She imprisoned and deprived several of the Protestant Bishop● , contrary to the then Establish'd Laws of the Realm : She intruded Popish Bishops into the Sees , thus declared vacant ; the small remainder of the Protestant Bishops , who had be●n called to Parliament by Writ , were , nevertheless , violently thrust out of the Parliament-House , for refusing to worship the Mass. The Members of the House of Commons , in her First Parliament , were chosen by force and threats : the Free-holders were hindred by violence from exercising their Right of chusing Representatives : false Returns were made ; and those who were for the Reformed Religion , tho' duly elected , were by force expelled the House . So that we cannot wonder at the Statues made in this pretended Free Parliament ; which was in every Thing influenced by the Court-Party . Shortly after , her Marriage with the haughty jealous Spaniard ( of which She her self felt the ill Consequences ) was justly disliked by the Nobility and Commonalty . Her base Design of setting up a Supposititious Child for Heir to the Crown , was not only happily defeated , but deservedly exposed to the Censure of the Nation : Her Design to erect the Spanish Inquisition in England was disappointed . Calais ( after having belonged to the Crown of Engl●nd about two hundred and eleven Years , and which was gained with great difficulty , after eleven Months Siege ) was , in the depth of Winter , lost in a Weeks time : And quickly after , all the English Territories were , with small difficulty , recovered by the French. We must not forget how exactly She put in practice the base , treacherous , and destructive Principles of the pretended Catholick Religion , in these remarkable Particulars . She barbarously used her only Sister , the Lady Elizabeth , and designed to have taken away her Life , for no other Cause , but her firm adherence to the Protestant Religion . She imprisoned and burnt Arch-Bishop Cranmer , who had formerly sheltered her from her Father's Fury . She deprived and imprisoned Judg Hales , who alone resolutely opposed King Edward the Sixth's Will : and preferred Judg Bromley to be Lord Chief Justice , though he had , without any reluctancy , prepared the Letters-Patents for her Exclusion . The Inhabitants of Norfolk and Suffolk , who were the first that took up Arms for her , ( upon her Promise to permit them the Exercise of their Religion ) were the first that suffered Persecution under her . And after she had put to death near three hundred Persons , ( without respect to Quality , Age , or Sex ) it pleased God to put an end to the Romish Cruelty and Idolatry , by her unexpected and unlamented Death . Nor is her Memory preserved from Oblivion by any thing , but her repeated Acts of Cruelty and Injustice . This was the Success that attended her , this the Happiness , the Liberty , the Religion establish'd in the English Nation , during her sive Years Tyranny . That I may not detain the Reader any longer , I will conclude this Advice to our Learned Pamphleteer ; That for the future he do not so positively ascribe all unhappy Accidents , as frequent Wars and Rebellions , the Effusion of English Blood , the unfortunate End of some of our Princes , to the Divine Vengeance upon them , for the Usurpations he accuses them of ; since , if he will consult our Historians , he may find that Edward II. Richard II. and the Incomparable Prince , King Charles I. though their Title from William the Conqueror is indisputable , were far unhappier than any of the Usurpers he mentions . That in Edward the Fourth's , and Henry the Eighth's Reign , a great deal of English Blood was shed both at Home and Abroad , though their Right was unquestionable , and universally acknowledged . And that as to the promiscuous good or ill Success of all Affairs in this lower World , the observation of the Wisest of Princes , and of Men , is very often exactly verified ; There is one Event to the Righteous and to the Wicked : To the Prince who ascends the Throne by an unquestionable Right , and to him that ascends it by Violence and Usurpation . To the Prince that religiously performs the Solemn Oath taken at his Coronation , and to him that wilfully breaks through all the Obligations he is under , and endeavours by the most base Methods to dissolve the Establish'd Government . The following Paper was published by Mr. Samuel Iohnson in the Year 1686. for which he was sentenc'd by the Court of Kings-Bench , ( Sir Edward Herbert being Lord Chief Justice ) to stand three times on the Pillory , and to be whipp'd from Newgate to Tyburn : Which barbarous Sentence was executed . An Humble and Hearty Address to all the English Protestants in this present Army . GENTLEMEN , NEXT to the Duty which we owe to God which ought to be the principal Care of Men of your Profession especially , ( because you carry your Lives in your Hands , and often look Death in the Face ) . The second Thing that deserves your Consideration , is , The Service of your Native Country , wherein you drew your first Breath , and breathed a free English Air. Now I would desire you to consider , how well you comply with these two main Points , by engaging in this present Service . Is it in the Name of God , and for his Service , that you have joined your selves with Papists ; who will indeed fight for the Mass-Book but burn the Bible , and who seek to Extirpate the Protestant Religion with Your Swords , because they cannot do it with their Own ? And will you be Aiding and Assisting to set up Mass-Houses , to erect that Popish Kingdom of Darkness and Desolation amongst as , and to train up all our Children in Popery ? How can you do these Things , and yet call your selves Protestants ? And then what Service can be done your Country , by being under the Command of French and Irish Papists , and by bringing the Nation under a Foreign Yoke ? Will you help them to make forcible Entry into the Houses of your Country-men , under the Name of Quartering , directly contrary to Magna Charta , and the Petition of Right ? Will you be Aiding and Assisting to all the Murders and Outrages which they shall commit by their void Commissions ? Which were declared Illegal , and sufficiently blasted by both Houses of Parliament , ( if there had been any need of it ) for it was very well known before , That a Papist cannot have a Commission , but by the Law is utterly Disabled and Disarmed . Will you exchange your Birth-right of English Laws and Liberties for Martial or Club-Law , and help to destroy all others , only to be eaten last your selves ? If I know you well , as you are English Men , you hate and scorn these Things . And therefore be not unequally yoaked with Idolatrous and Bloody Papists . Be Valiant for the Truth , and shew your selves Men. The same Considerations are likewise humbly offered to all the English Seamen , who have been the Bulwark of this Nation against Popery and Slavery ever since Eighty Eight . Several Reasons for the Establishment of a Standing Army , and Dissolving the Militia . 1. BEcause the Lords Lieutenants , Deputy Lieutenants , and the whole Militia , that is to say , the Lords , Gentlemen , and Free-holders of England , are not fit to be trusted with their own Laws , Lives , Liberties , and Estates , and therefore ought to have Guardians and Keepers assigned to them . 2. Because Mercenary Souldiers , who fight for twelve Pence a Day , will fight better , as having more to lose than either the Nobility or Gentry . 3. Because there are no Irish Papists in the Militia , who are certainly the best Souldiers in the World , for they have slain Men , Women , and Children , by Hundreds of Thousands at once . 4. Because the Dragooners have made more Converts than all the Bishops and Clergy of France . 5. The Parliament ought to establish one standing Army at the least , because indeed there will be need of Two , that one of them may defend the People from the other . 6. Because it is a thousand pities that a brave Popish Army should be a Riot . 7. Unless it be Established by Act of Parliament , the Justices of Peace will be forced to suppress it in their own Defence ; for they will be loth to forfeit an hundred Pounds every day they rise , out of Complement to a Popish Rout. 13. H. 4. c. 7.2 . H. 5. c. 8. 8. Because a Popish Army is a Nullity . For all Papists are utterly disabled ( and punishable besides ) from bearing any Office in Camp , Troop , Band , or Company of Souldiers , and are so far disarmed by Law , that they cannot wear a Sword , so much as in their Defence , without the allowance of four Justices of the Peace of the County : And then upon a March they will be perfectly inchanted , for they are not able to stir above five Miles from their own Dwelling-house . 3. Iac. 5. Sect. 8 , 27 , 28 , 29.35 . Eliz. 2.3 . Iac. 5. Sect. 7. 9. Because Persons utterly disabled by Law are utterly Unauthorized ; and therefore the void Commissions of Killing and Slaying in the Hands of Papists , can only enable them to Massacre and Murder . A Discourse of Magistracy ; of Prerogative by Divine Right ; of Obedience , and of the Laws . CHAP. I. Of MAGISTRACY . I. RELATION is nothing else but that State of Mutual Respect and Reference , which one Thing or Person has to another . II. Such are the Relations of Father and Son , Husband and Wife , Master and Servant , Magistrate and Subject . III. The Relations of a Father , Husband , and Master , are really distinct and different ; that is , one of them is not the other ; for he may be any one of these who is none of the rest . IV. This distinction proceeds from the different Reasons , upon which these Relations are founded . V. The Reason or Foundation , from whence arises the Relation of a Father , is from having begotten his Son , who may as properly call every old Man he meets his Father , as any other Person whatsoever , excepting him only who begat him . VI. The Relation of an Husband and Wife is founded in We●lock , whereby they mutually consent to become one Fle●h . VII . The Relation of a Ma●ter is founded in that Right and Title which he has to the Possession , or Service of his Slave or Servant . VIII . In these Relations , the Names of Father , Husband , and Master , imply Soveraignty and Superiority , which varies notwithstanding , and is more or less absolute , according to the Foundation of these several Relations . IX . The Superiority of a Father is founded in that Power , Priority , and Dignity of Nature , which a Cause hath over its Effect . X. The distance is not so great in Wedlock , but the Superiority of the Husband over the Wife , is like that of the Right-Hand over the Left in the same Body . XI . The Superiority of a Master , is an absolute Dominion over his Slave , a limited and conditionate Command over his Servant . XII . The Titles of Pater Patriae , and Sponsus Regni , Father of the Country , and Husband of the Realm , are Metaphors and improper Speeches : For no Prince ever begat a whole Country of Subjects ; nor can a Kingdom more prop●rly be said to be married , than the City of Venice is to be Adriatick Gulph . XIII . And to shew further , that Magistracy is not Paternal Authority , nor Monarchy founded in Fatherhood ; it is undeniably plain , that a Son may be the Natural Soveraign Lord of his own Father , as Henry the Second had been of Ieffe●y Plantagenet , if he had been an English-man ; which , they say , Henry the Seventh did not love to think of , when his Sons grew up to Years . And this Case alone is an eternal Confutation of the Patriarchate . XIV . Neither is Magistracy a Marital Power , for the Husband may be the obedient Subject of his own Wife , as Philip was of Queen Ma●y . XV. Nor is it that Dominion which a Master has over his Slave , for then a Prince might lawfully sell all hi● Subjects , like so many Head of Cattel , and make Mony of his whole Stock when ever he pleases , as a Patron of Algiers does . XVI . Neither is the Relation of Prince and Subject the same with that of a Master and hired Servant , for he does not hire them , but as St. Paul saith , They pay him Tribute , in consideration of his continual Attendance and Imployment for the Publick Good. XVII . That Publick Office and Imployment is the Foundation of the Relation of King and Subject , as many other Relations are likewise founded upon other Functions and Administrations . Such as Guardian , and Ward , &c. XVIII . The Office of a King is set down at large in the 17 th Chapter of the Laws of King Edward the Confessor , to which the succeeding Kings have been sworn at their Coronation : And it is affirmed in the Preambles of the Statutes of a Malbridg , and of the Statute of Quo Warranto , made at b Glocester , That the calling of Parliaments to make Laws for the better Estate of the Realm , and the more full Administration of Justice , belongeth to the Office of a King. But the fullest account of it in few words , is in Chancellor Fortescue , Chap. XIII . which Passage is quoted in Calvin's Case , Coke VII . Rep. Fol. 5. Ad Tutelam namque Legis Subditorum , ac eorum Corporum , & bonorum , Rex hujusmodi erectus est , & ad hanc potestatem à populo effluxam ipse habet , quo ei non licet potestate alia suo populo Dominari . For such a King ( that is , of every Political Kingdom , as this is ) is made and ordained for the Defence or Guardianship of the Laws of his Subjects , and of their Bodies and Goods , whereunto he receiveth Power of his People , so that he cannot govern his People by any other Power . Corolary , A Bargain 's a Bargain . CHAP. II. Of Prerogatives by Divine Right . I. GOvernment is not matter of Revelation ; if it were , then those Nations that wanted Scripture , must have been without Government ; whereas Scripture it self says , that Government is the Ordinance of Man , and of Human Extraction . And King Charles the First says of this Government in particular , That it was moulded by the Wisdom and Experience of the Peopl● . Answ. to XIX . Prop. II. All just Governments are highly beneficial to Mankind , and are of God , the Author of all Good ; they are his his Ordinances and Institutions . Rom. 13.1 , 2. III. Plowing and sowing , and the whole business of preparing Bread Corn , is abs●luely necessary to the Subsistence of Mankind ; This also cometh forth from the Lord of Hosts , who is wonderful in Counsel , and excellent in Working . Isa. 28. from 23 d to 29 th Verse . IV. Wisdom saith , Counsel is mine , and sound Wisdom ; I am Vnderstanding , I have Strength ; by me Kings reign , and Princes decree Iustice : By me Prinees rule , and Nobles , even all the Iudges of the Earth . Prov. 13.14 . V. The Prophet , speaking of the Plow-man , saith , His God doth instruct him to Discretion , and doth teach him . Isa. 28.26 . VI. Scripture neither gives nor takes away Mens Civil Rights , but leaves them as it found them , and ( as our Saviour said of himself ) is no Divider of Inheritances . VII . Civil Authority is a Civil Right . VIII . The Law of England gives the King his Title to the Crown . For , where is it said in Scripture , that such a Person or Family by Name shall enjoy it ? And the same Law of England which has made him King , has made him King according to the English Laws , and not otherwise . IX . The King of England has no more Right to set up a French Government , than the French King has to be King of England , which none at all . X. Render unto Caesar the things which are Caesars , neither makes a Caesar , nor tells who Caesar is , nor what belongs to him ; but only requires Men to be just , in giving him those supposed Rights , which the Laws have determined to be his . XI . The Scripture supposes Property , when it forbids Stealing ; it supposes Mens Lands to be already butted and bounded , when it forbids removing the Ancient Land-marks : And as it is impossible for any Man to prove what Estate he has by Scripture , or to find a Terrier of his Lands there ; so it is a vain thing to look for Statutes of Prerogative in Scripture . XII . If Mishpat Hamelech , the manner of the King , 1 Sam 8.11 . be a Statute of Prerogative , and prove all those Particulars to be the Right of the King , then Mishpat Haccohanim , the Priests custom of Sacrilegious Rapine , Chap. 2.13 . proves that to be the Right of the Priests , the same word being used in both places . XIII . It is the Resolution of all the Judges of England , that even the known and undoubted Prerogative of the Iewish Kings , do not belong to our Kings , and that it is an absurd and impudent thing to affirm they do . Coke 11. Rep. p. 63. Mich. 5. Iac. Note , upon Sunday the Tenth of November , in the same Term , the King , upon Complaint made to him by Bancroft , Arch-bishop of Canterbury , concerning Prohibitions , was informed , That when Question was made of what matters the Ecclesiastical Judges have Cognizance , either upon the Exposition of the Statutes concerning Tythes , or any other thing Ecclesiastical , or upon the Statute 1 Eliz. concerning the High-Commis●ion , or in any other case , in which there is not express Authority by Law , the King himself may decide it in his Royal Person ; and that the Judges are but the Delegates of the King , and that the King may take what Causes he shall please to determine from the Determination of the Judges , and may determine them himself . And the Arch●bishop said , That this was clear in Divinity , That such Authority belongs to the King , by the Word of God in Scripture . To which it was answered by me , in the presence , and with the clear consent of all the Justices of England , and Barons of the Exchiquer , That the King in his own Person cannot adjudg any Case , either Criminal , as Treason , Felony , &c. but this ought to be determined and adjudged in some Court of Justice , according to the Law and Custom of England . And always Judgments are given , Ideo consideratum est per Curiam ; so that the Court gives the Judgment — . And it was greatly marvelled , that the Arch-bishop durst inform the King , that such Absolute Power and Authority , as is aforesaid , belonged to the King by the Word of God. CHAP. III. Of OBEDIENCE . I. NO Man has any more Civil Authority than what the Law of the Land has vested in him ; nor is he one of St. Paul's Higher Powers any farther , or to any other purposes , t●an the Law has impowered him . II. An Usurped , Illegal , and Arbitrary Power , is so far from b●ing the Ordinance of God , that it is not the Ordinance of Man. III. Whoever opposes an Usurped , Illegal , and Arbitrary Power , does not oppose the Ordinance of God , but the Violation of that Ordinance . IV. The 13 th of the Romans commands Subjection to our Temporal Governours , because their Office and Imployment is for the Publick Welfare ; For he is the Minister of God to Thee for good . Verse 4. V. The 13 th of the Hebrews commands Obedience to Spiritual Rulers , because they watch for your Souls . Verse 17. VI. But the 13 th of the Hebrews did not oblige the Martyrs and Confessors in Queen Mary's Time , to obey such blessed Bishops as Bonner , and the Beast of Rome , who were the perfect Reverse of St. Paul's Spiritual Rulers , and whose Practice was murdering of Souls and Bodies , according to that true Character of Popery , which was given it by the Bishops who compiled the Thanksgiving for the Fifth of November ; but Arch-Bishop Laud was wiser than they , and in his time blotted it out . The Prayer formerly ran thus : To that end strengthen the Hands of our Gracious King , the Nobles and Magistrates of the Land , to cut off these Workers of Iniquity ( whose Religion is Rebellion , whose Faith is Faction , whose Practice is murthering of Souls and Bodies ) and to root them out of the Confines of this Kingdom . VII . All the Judges of England are bound by their Oath , and by the Duty of their place , to disobey all Writs , Letters , or Commands , which are brought to them , either under the Little Seal , or under the Great Seal , to hinder or delay common Right . Are the Judges all bound in an Oath , and by their Places , to break the 13 th of the Romans ? VIII . The Engagement of the Lords attending upon the King at York , Iune 13. 1642. which was subscribed by the Lord Keeper , and thirty nine Peers , besides the Lord Chief Justice Banks , and several others of the Privy-Council , was in these words . We do engage our selves not to obey any Orders or Commands whatsoever , not warranted by the known Laws of the Land. Was this likewise an Association against the 13 th of the Romans ? IX . A Constable represents the King's Person , and in the Execution of his Office is within the purview of the 13 th of the Romans , as all Men grant ; but in case he so far pervert his Office , as to break the Peace , and commit Murther , Burglary , or Robbery on the High-way , he may and ought to be resisted . X. The Law of the Land is the best Expositor of the 13 th of the Romans here ; and in Poland , the Law of the Land there . XI . The 13 th of the Romans is received for Scripture in Poland , and yet this is expressed in the Coronation-Oath in that Country : Quod si Sacramentum meum violavero , Incolae Regni nullam nobis Obedientiam praestare tenebuntur . And if I shall violate my Oath , the Inhabitants of the Realm shall not be bound to yield me any Obedience . XII . The Law of the Land , according to Bracton , is the highest of all the Higher Powers mentioned in this Text , for it is Superiour to the King , and made him King , ( Lib. iii. cap. xxvi . Rex habet Superiorem Deum , item Legem , per quam factus est Rex , item Curiam suam , viz. Comites & Barones ) and therefore by this Text we ought to be subject to it in the first place . And according to Melancthon , It is the Ordinanee of God , to which the Higher Powers themselves ought to subject . Vol. iii. In his Commentary on the fifth Verse , ( Wherefore ye must needs be subject , not only for Wrath , but also for Conscience sake . ) He has these words . Neque vero hac tantum pertinent ad Subditos , sed etiam ad Magistratum , qui cum fiunt Tyranni , non minus dissipant Ordinationem Dei , quam Seditiosi . Ideo & ipsorum Conscientia fit rea , quia non obediunt Ordinationi Dei ; id est , Legibus , quibus debent parere . Ideo Comminationes hic posite etiam ad ipsos pertinent . Itaque hujus mandati severitas moveat omnes , ne violalationem Politici status putent esse leve peccatum . Neither doth this place concern Subjects only , but also the Magistrates themselves ; who when they turn Tyrants , do no less overthrow the Ordinance of God than the Seditious ; and therefore their Consciences too are guilty , for not obeying the Ordinance of God , that is , the Laws , which they ought to obey . So that the Threatnings in this place do also belong to them ; wherefore , let the Severity of this Command deter all Men from thinking the Violation of the Political Constitution to be a light Sin. Corolary . To destroy the Law and-Legal Constitution , which is the Ordinance of God , by false and Arbitrary Expositions of this Text , is a greater Sin than to destroy it by any other means : For it is Seething the Kid in his Mothers Milk. CHAP. IV. Of LAWS . I. THere is no natural Obligation , whereby one Man is bound to yield Obedience to another , but what is founded in Paternal or Patriarchal Authority . II. All the Subjects of a Patriarchal Monarch are Princes of the Blood. III. All the People of England are not Princes of the Blood. IV. No Man who is naturally free can be bound , but by his own Act and Deed. V. Publick Laws are made by Publick Consent , and they therefore bind every Man , because every Man's Consent is involved in them . VI. Nothing but the same Authority and Consent which made the Laws , can repeal , alter , or explain them . VII . To judg and determine Causes against Law , without Law , or where the Law is obscure and uncertain , is to assume Legislative Power . VIII . Power assumed without a Man's Consent , cannot bind him as his own Act and Deed. IX . The Law of the Land is all of a piece , and the same Authority which made one Law made all the rest , and intended to have them all impartially executed . X. Law on one side , is the Back-Sword of Justice . XI . The best things when corrupted are the worst ; and the wild Justice of a State of Nature , is much more desirable than Law perverted and over-ruled , into Hemlock and Oppression . This Discourse of Magistracy , &c. and the former Reasons , were written by the foresaid Mr. S. Iohnson . The Definition of a TYRANT , by the Learned and Loyal Abraham Cowley , ( published by the present Lord Bishop of Rochester ) in his Discourse concerning the Government of Oliver Cromwel . I Call him a Tyrant , who either intrudes himself forcibly into the Government of his Fellow-Citizens , without any Legal Authority over them , or who , having a just Title to the Government of a People , abuses it to the destruction or tormenting of them : So that all Tyrants are at the same time Usurpers , either of the whole , or at least of a part of that Power which they assume to themselves , and no less are they to be accounted Rebels , since no Man can usurp Authority over others , but by rebelling against them who had it before , or at least against those Laws which were his Superiours . Several Queries proposed to the Sages of the Law , who have studied to Advance the Publick , equally with , if not more than their own private Interest . Q. I. WHether the Legislative Power be in the King only , as in his Politick Capacity , or in the King , Lords , and Commons , in Parliament assembled ? If in the latter , then , Q. II. If the King grants a Charter , and thereby great Franchises and Priviledges , and afterwards , the Grantees obtain an Act of Parliament for the Confirmation hereof , is this the Grant of the King , or of the Parliament ? If the latter , as it seems to be , because it is done by the whole , and every part of the Legislative Power : then , Q. III. To whom can these Grantees forfeit this Charter ? And who shall take Advantage of the Forfeiture ? If the King ; then an Act of Parliament may be destroyed without an Act of Parliament ? If the Parliament only can call them to an Account ; then , Q. IV. Of what Validity is a Iudgment pronounced ( under a colour of Law ) in B. R. against a Charter granted by Parliament ? If it be of any force , then the King's Bench is Superior to the Legislative Power of the Kingdom : If not , then , Q. V. What Reason can be assigned , why it is not as safe to Act pursuant to an Act of Parliament , notwithstanding a Iudgment entred in the King's Bench , as it was to Act against an Act of Parliament , before the Iudgment was entred ? And then , Q. VI. Whether they that did the latter , were not downright Knaves ? and whether they that refuse to do the former , be not more nice than wise ? A LETTER TO THE KING , When DUKE of YORK , Perswading him to return to the Protestant Religion , wherein the chief Errors of the Papists are exposed , and the Tendency of their Doctrines to promote Arbitrary Government , proved . By an Old Cavalier , and Faithful Son of the Church of England , as Establish'd by Law. Illustrious Sir ! WHEN I look up to the Greatness of your Quality , and down on my own meanness , I cannot but tremble to make this Address , so liable to be censur'd as presumptuous , and obnoxious to variety of Misconstruction ▪ But since my Pen is guided by an Heart fill'd with profound Loyalty , and Veneration towards all the Royal Family , and a sincere respect , and most passionate desires for the particular Prosperity . ( Temporal and Eternal ) of your Royal Highness , I cannot refrain discharging what I apprehended my Duty ; and therefore with good Esther , finding not only my Country , but your Highness also , in such apparent ( I wish it may not prove inevitable ) hazard of Ruin , am resolved to adventure forth , and cast my poor weak Sentiments at your feet ; and , If they perish , they perish . 'T is generally reported , That you are long since turn'd Papist ; and so far believ'd , That every day many hundred thousand Protestants are melted into Tears and Horror meerly on that Consideration , and lament the same , as one of the greatest Calamities that has happened in our Age. I must do my self so much Justice as to decla●e , That I am none of those fanatical Spirits , that either raise , or lightly credit Rumours to the prejudice of my Superiors . But besides what has been sworn by Persons , whose Evidence none have hitherto been able to invalidate by any substantial Reasons , or Incoherence in their Depositions ; your Highnesses Conduct , and Deportment for many years past , your absenting from the publick Worship of our Church , Refusing legal Oaths and Tests , your countenancing , retaining an in●imate Correspondency with Roman Catholicks ; and many other Reasons not fit , at least unnecessary here to be mention'd , do all loudly speak it : And for those who would go about to deny it ( as some wretched Pamphlet-scriblers , and unthinking Health-drinkers have done ▪ ) besides the folly of the attempt , they unwarily cast a greater load of Ignominy and Dishonour on your Highness , whilst they pretend to vindicate you . For is it imaginable , That a Prince of your Generosity and Prudence would so far suffer the Affairs of your Royal Brother to be imbroil'd , His Councils discompos'd ; all the Protestants in the World swallowed up with Astonishment , and almost despair , your own Honour fullied , your Interest impaired , and these Three Kingdoms put into a deplorable Distraction , meerly upon a false supposition , without rectifying in all this time their mistake by some real Demonstrations to the contrary ? If such a Capricio should sway with your Highness , what were it but to render you the worst Subject , the most unkind Brother , the most Impolitick Prince , and the maddest , or most monstrous Man in the World ? I shall therefore take it for granted , and consequently must , tho' with all Humility , and a Sorrow inexpressible , direct my Discourse to your Highness as an Apostate from the Protestant Faith ; and if I am mistaken , 't is your Highness has led not only me , but almost all the World into that Error . I am not insensible of my own weakness , and how unfit I am to argu● matters of Religion with your Highness , and those subtil Sophisters ( the Pest of Europe , and shame of Christianity ) which are always croaking about Persons of Quality , whom they have perverted to their Idolatries ; being my self but a Lay-Gentleman , of little Learning , and in the course of my Life more conversant with the Sword , than the Pen : And I must wonder with Regret , if none of the Right Reverend Fathers , my Lords the Bishops , or some of our other Learned Divines have not vigorously made Applications to your Highness , even in a publick Manner , to regain you to the Protestant Communion : If they have not charg'd you , as they are God's Ambassadors , to shew some Reasons , why you hav● broke the League ( your Baptismal vows ) with his Church , and join'd your self to the Tents of his Enemies . If they have not adjur'd you in the Name of our Lord , to shew on what offence taken amongst us , and for what Beauties observ'd in the Church of Rome , you quitted the true Spouse of Christ , to follow the Enchantments of a Strumpet , whose shameless Adulteries have long since caused an utter Divorce between Her and the Blessed Jesus : If they have not solemnly called Heaven and Earth to Record , that they are ready to satisfie all your scruples , to answer all your objections ; and to shew , That it is not through any default in them , for want of Endeavours , nor in our Church for want of Truth ; but that your defection must be wilful , as well as unreasonable , whereby to render you either convicted , or inexcusable . Nor do I doubt , but several of those Glorious Lights of our Church , may accordingly have discharged without fear of flattery their Functions herein , in private discourses : But certainly a matter of that inestimable importance , as wherein not only the Soul of one of the Bravest Princes of the Earth , but also the whole Protestant Interest in the World , especially within these Three Nations , is so deeply and dangerously concern'd , might require , since I am sure it deserves a Publick and General Application : Nor ought any , though the meanest of Men , to be blam'd for contributing modestlȳ ▪ his help to prevent a disaster of such universal influence : And therefore who knows but that Almighty Providence , who overthrew Iericho's proud Walls of old , not with Battering Engines of War , but with the blast of contemptible Rams-Horns , and is often pleased to make use of the weakest Instruments to effect mighty Works ; may give a Blessing to these poor u●polish'd , inartificial Lines , which have nothing but the Power of Truth , and the Honesty of a sincere Intention to recommend them to your Princely Consideration ? That you were educated in Protestant Principles , is notorious . I beseech your Highness therefore to satisfie the World what could induce you to a change . I shall not mention your Royal Grandfather , whose Learned Pen baffled all the Conclave , nor shall I insist on that Curse which he solemnly pronounced on any of his Posterity that should turn Papist : I shall only say , Had you not the Example , and the Commands too of a most Indulgent , Pious Prince , your Royal Father , for perseverance therein ; who , though barbarously murder'd by vile Men , yet continued stedfast , and even with his last breath discharg'd and ●lear'd the Doctrine of the Reformed Religion from having any share in their Crimes ? What Impiety is it , if you should dare to profess your Fathers Blessed Soul to be eternally damn'd ! and yet , if you are a Papist , you can do no less ; for you cannot be such without believing , That there is no Salvation out of the Pale of the Church ▪ and that there is no Church but that of Rome ; and I am confident none can have the Impudence to suggest , that He died in the Communion of that Church : What follows then ? or how will you answer this Horrid Scandal on his Sacred Memory , when you shall meet his glorified Spirit at the last dreadful Judgment-day ? Nor can the keenest Jesuit blunt the edge of this Argument by a Retortion from the Consideration of your Highnesses Illustrious Mother : For though Papists are so audacious , as to place the Keys of Heaven at the Pope's Girdle , and uncharitably doom us All to unquenchable flames , not affording us so much as a Room in Purgatory : yet Protestants are not so unchristian ( but according to Scripture ) leave secret things to God , and allow grains for Education , Prepossessions , Ignorance , &c. which is yet no more a Reason for any Man to turn Papist , than 't is for him that stands safe on the shore to leap off into a Vessel so rotten and leaky as just ready to sink , upon a presumption that still some of those that are in her may escape the danger : Or to chuse an impudent Quack , who boasts he only can cure him ; and refuse a Learned Physician , who modestly grants he may peradventure be healed by the other , though very improbably ; but withal , that 't is a Million to one , but the Patient , under such hands , miscarries ; and that in this case , eternally . But quitting this Argument , which is only Personal , I beseech your Highness to tell us , how you , or any Man of sense can so far forget , not only his Education and Interest , but his very Reason , as to imbrace POPERY , frightful , detestable , ridiculous Popery , that Chaos of Superstition , Idolatry , Error and Imposture , that has no foundation but a Cheat ; No Ends but to gratifie Pride and Avarice ; no solid Argument to promote and maintain it , but Impudence and Cruelty . Popery , That depends wholly upon nice and poor uncertainties , and unprovable supposals : As 1 st . That Peter was Bishop of Rome . 2 dly . That He left there one to be Heir of his Graces and Spirit , in a perpetual unfailable Succe●sion . 3 dly . That He so bequeathed his Infallibility to his Chair , as that whosoever sits in it , cannot but speak Truth ; so that all who sit where he sat , must by some secret Instinct , say as he taught ; that what Christ said to him absolutely , without any respect to Rome , must be referr'd , yea ty'd to that place alone , and fulfill'd in it . 4 thly . That Linus , Clements and Cletus the Scholars , and supposed Successors of Peter , must he preferr'd ( in the Headship of the Church ) to Iohn the beloved Apostle then still living . 5 thly . That He whose Life is oft times monstrously debauch'd , his Judgment childishly ignorant , cannot yet , when in his Pontifical Chair , possibly erre . 6 thly . That the Golden Line of this Apostolical Succe●sion , in the confusion of so many long desperate Schisms , shamefully corrupt Usurpations and Instrusions , and confess'd Heresies , yet neither was nor can be broken . Popery , That teaches Men to worship Stocks and Stones , and painted Clouts , with the fame Honour as is due to our Creator ; and lest that practice should appear to her simple Clients too palpably oppo●ite to God's Law , most sacrilegiously stifles one of the Ten Commandments in their vulgar Catechisms and Prayer-Books . Popery , That utterly confounds the true Humanity of Christ , while they give unto it Ten thousand places at once , and yet no place ; Flesh , and no Flesh ; several Members without distinction ; a substance without quantity , and other Accidents ; or Substance and Accidents , that cannot be seen , felt or perceived ; so that they make a Monster of their Saviour , or nothing . Popery , That utterly overthrows the Perfection of Christ's satisfaction ; for if all be not paid , how hath he satisfied ? If Temporal Punishments in Purgatory be yet due , how is all paid ? And if these must be paid by us , how are they satisfied by him ? Popery , That hath made more Scriptures than ever the Holy Spirit dictated , or the Ancient Church received ; and those which it doth make , Imperiously obtrudes upon the World ; and while it thunders out Curses against all that will not add these Books to God's , seems to defie the Curse pronounc'd by God himself to those that add unto his Word , Rev. 22. 18. Popery , That erects a Throne in the Conscience to a meer Man , and many times rather a Monster than a Man ; and gives him absolute Power to make a sin of that which is none ; and to dispense with that which is ; to create new Articles of Faith , and to impose them upon Necessity of Salvation ; to make wicked Men Saints , and Saints Gods ; for even by the Confession of Papists , lewd and undeserving Men have leap'd into their Calendar ; yet being once install'd there , they have the Honour of Altars , Temples and Invocations ; some of them in a stile sit only for their Maker . Popery , That robs the Heart of all sound Comfort , whilst it teacheth us , That we neither can , nor ought to be assured of the Remission of our sins , and of present Grace , and future Salvation ; that we can never know whether we have receiv'd the true Sacraments of God becausewe cannot know the Intention of the Minister , without which they are no Sacraments . Popery , That racks the Conscience with the needless torture of a necessary shrift , wherein the vertue of an Absolution depends on the fulness of Confession ; and that upon Examination ; and the sufficiency of Examination is so fu●l of scruples ( besides infinite Cases of unresolved doubts in this feigned pennance ) that the pour soul never knows when it is clear . Popery , That under pretence of Religion plays the Bawd to sin , whilst both in practice it tolerates open stews , and prefers Fornication in some cases before honourable Matrimony , and gently blanches over wilful Violations of God's Law with the favourable title of Venial Crimes . Popery , That makes Nature vainly proud , in joining her as Copartner with God in our Justification , Salvation , and idly putting her up with a conceit of her Perfection and Ability to keep more Laws than God hath ●ade , whence their Doctrines of Merit and Supererogation , &c. Popery , That requires no other Faith ●o Justific●tion in Christians , than may be found in Devils themselves ; who , besides ● confused Apprehension , can assent to the Truth of God's revealed Will , and Popery requires no more . Popery , That instead of the pure Milk of the Gospel , hath long fed her starved Souls with such idle Legends , as the Reporter can hardly deliver without laughter , nor their Abettors be told of without shame and disclamation ; so that the wiser sort of the World read these Stories on Winter Evenings for sport , which the poor credulous Multitude hear in their Churches with devout astonishment . Popery , That requires nothing but meer Formality in our Devotion ; the work wrought suffices alone in Sacraments , and in Prayers ; if the number be repeated by Rote , no matter for the Affection ; as if God regarded not the Heart , but the Tongue and Hands ; and while he understands us , cared little whether we understand our selves . Popery , That hath been often dyed in the Blood of Princes , that in some cases teaches and allows Rebellion against God's Anointed ; and both suborneth Treasons ; and excuses , pities , honours and rewards the Actors . Popery , That overloads Men's Consciences with heavy burdens of infinite , unnecessary Tradit●ons , far more than ever Moses Commented upon by all the Iewish Rabbins ; imposing them with no less Authority , and exacting them with more Rigour , than any of the Royal Laws of their Maker . Popery , That cozens the vulgar with nothing but shadows of Holiness in Pilgrimages , Processions , Offerings , Holy Water , Latin Services , Images , Tapers , rich Vestures , garish Altars , Crosses , Censings , and a thousand such like , fit for Children and Fools , robbing them in the mean time of the sound and plain Helps of true Piety and Salvation ▪ Popery , That cares not by what wilful Falshoods , Equivocations , Perjuries and Abominations it propagates it self , and maintains its credit : And therefore being conscious of her own Villainies , goes about to falsifie and deprave Authors , that might give Evidence against her , to outface all ancient Truths , to foist in Gibionitish Witnesses of their own forging , and leaves nothing unattempted against Heaven and Earth that might advance her Faction , and disable her innocent and just Accusers . This , this is the true figure of Popery , through whatever false Opticks your Highness may have view'd it : This is that for which you are resolv'd to hazard a Crown of Glory , and three temporal Diadems to boot ; and to which you sacrifice both your own Fortunes , and the Tranquillity of many Millions of Souls ▪ What then can the World , that kno●s the clear light of your Highnesses Elevated Understanding , imag●●● can be the Cause of your Revolt ? Will they not be apt to conceive , that you have not espoused this Mock Religion purely for its own sake , but for some promised Dowry of an Absolute Monarchy , or Arbitrary Power , which she might pretend to bring one day with her to your Embraces ? But as this is far below the Justice and Generosity of your Highness , so 't is unworthy the thoughts of any considerate Politician . For suppose any Prince , to whom the British Sceptre may hereafter devolve , intoxicated with the Tinsel Glories of the French Monarch's blustering Grandeur , should be so vain , as to hope to subjugate the English Liberties , and destroy the Constitution of the best Establish'd Government on Earth , by assuming to himself the whole Legislative Power , raising Money , and draining his Subjects at Pleasure without their common Consent in Parliament , &c. and should be so extravagantly enamour'd on this fatal Project ( fatal I say , because for above Five hundred years it has shipwrack'd all that coasted that way , ) as to be content to shift his Religion , and exchange his Faith , and turn Papist , on a presumption , that the same might facilitate and accomplish his Enterprize : As King Iohn , 't is said , resolv'd once to embrace Mahumetism , rather than not to be reveng'd of his Barons , claiming their just Liberties . Suppose I say all this should be , and that the present Papists , to get their Religion publickly establish'd , should comply with his Designs ; yet still is it not most reasonable to believe . That having once gain'd their Point therein , they , or their Posterity , will soon recal to mind their Birth rights and Privileges due to them as English-men ; and will they not then be perpetually tugging and strugling to regain them , whence continual disturbance will ensue , and a standing Army must be kept on foot to support this ill acquired Grand●ur ? For those Subjects that contended with King Iohn and King Henry the Third , &c. tho' they were Papists , and of the same Religion with those Princes , could not brook it , to be Slaves to their Arbitrary Pleasures in their Civil Rights : Besides , what a waking dream is it for any King , that is free from the Roman Yoke , to think to make himself more Absolute by involving himself and his Kingdoms in Thraldom to the Church of Rome ; wherein not only the Pope pretends a Right to domineer over him , but every Ecclesiastick esteems himself wholly exempt from his Jurisdiction , and all his People will be but half his Subjects , viz. in Temporals ; for in Spirituals , and in ordine ad spiritualia ( a monstrous draw net , that may include almost all the Actions of Humane Life , ) they are wholly to be Conducted by his Holiness and his Subordinate Ministers . How therefore can your Highness , if a Roman Catholick , complain of the late successive Houses of Commons for pressing a Bill to exclude you ? Is it any Disloyalty to endeavour to preserve the Imperial Crown of England from a truckling and shameful Servitude to a Foreign Usurper's Power ? Or is it any such unheard of thing to debarr a Prince from a Throne , that hath obstinately disabled himself ? Certainly , above all Men , the Roman Catholicks ought not to murmur at this ; for did not the Pope issue forth a Bull to exclude your Grandfather , King Iames , unless he would turn Papist ? And did not the Romanists , though they acknowledged the Title of your other Grandfather , Henry the Great , to the French Diadem ; yet refuse to pay him any Obedience , because a Protestant , and on that only score fought against him , as long as he continued so , and thought it no Rebellion ? Your Highness perhaps will say — What though they did so , true Protestants , and the Church of England do not own such Principles ? Well then , if the Protestant Principles be better than those of the Church of Rome , what Madness is it in your Highness to abandon the first , and chuse the latter ? I am a dutiful and hearty Lover of Monarchy , and when establish'd on such an Equi-pois'd Basis of Wisdom as ours is , shall ever assert it to be the best Form of Government in the World , and most agreeable to the Genius of English-men : But that lineal descent is so sacred a thing , that the Heir presumptive can for no default or crime whatsoever be debarr'd from the Crown by an Act of Parliament , or publick Decree of State , I do not understand ; For I am sure the practice in all Ages , both at home and abroad in almost every Nation in the Earth , hath run contrary : And as to Right ; those that pretend such Succession in all Cases to be Iure Divino , would do well to shew in what Texts of Scripture the same is prescribed ; till then , they do but talk , not argue ; and if a Candidate to the Crown , for any Reasons whatsoever , may without offence to the Law of God or Nature , be Excluded by an Act of King , Lords and Commons ; Then the Iune-divino-ship vanishes , and nothing is left to be considered : But whether such next Heir have done such Acts , or is so qualified , that in Prudence it be necessary for the Tranquillity of the Publick to Exclude him . Now I believe there are but few of the Church of England , but if the Bill had passed the Lords , and his Majesty had given his Royal Assent to it , would have acquiesc'd therein , and consequently they do not believe the Exclusion to be simply unlawful by the Law of God or Nature , for against either of them no Humane Ordinances ought to prevail . But all true Loyalists do not despair , but your Highness may yet prevent all Occasions of such Disputes by opening your eyes ; or rather that God ( in whose hands are the Hearts of Princes ) may irradiate your Royal Understanding , and let you see the horrid Blackness of those Men who have endeavour'd to seduce you , and of those Principles to which they would have inveigled you , on purpose to have made your Highness a Property to their Ambition and Avarice , and that under the shadow of your Illustrious Name they might one day Tyrannize at Pleasure over these Three Kingdoms . If Heaven shall be pleased to work such an happy Inclination in your Highness , you shall presently see the whole British Empire echoing with Praises and Acclamations , and instead of murmurs of Seclusion , every good Subject shall erect you a Throne in his heart . But the grand difficulty will be to satisfie the prejudiced World of your sincerity herein ; for if your Highness ( which God forbid ) should declare your self a Protestant only to serve a present turn , and use the Sacred Name of our Religion but as an Engine to advance the design of our bloody Enemies , you would act at once the most dishonourably and ( in the end ) most prejudicially to your own Interest , in the world , and must certainly expect the blasts of Heaven , and curses of Earth on all your future proceedings ; for Hypocrisie is odious to God and Man , nor is there any Monster so abominable to serious Men of both sides , as a Church-Papist . Your Royal Highness , I hope , will excuse our fears , for we are not ignorant of the Arts and Craft of Rome , that she esteems no means unlawful to obtain her ends . How shall any Oaths be sufficient Tests , when a private dispensation may at once allow the taking , and warrant the breaking of them ? Or what signifies the participation of our Sacraments to one that is taught , We have no true Ministers of Christ ; if so , no consecration , consequently nothing but an ordinary Breakfast of common Br●ad and Wine , and who shall lose the hopes of three Crowns rather than not taste such harmless viands ? Not that I dare imagine your Highnesses Understanding would suffer you to believe the lawfulness , or your Princely Generosity permit you to practise these lewd dissimulations ; yet since such Doctrines are daily taught in the Roman Church , how shall Protestants be assured they have no Influence on your Conduct ? I must therefore with all humble freedom assure your Highness , that after so general an Opinion of your Highnesses having been a Roman Catholick , though you should go never so duly to Church , receive the Sacrament a thousand times , and take Oaths all the way from Holy-rood House to St. Iames's , yet the People would scarce believe the reality of your Conversion , unless withal they see it accompanied with some other Demonstrations . For as Faith without works is dead , so Profession of a Religion , without agreeable endeavours to advance it will be vain . If his Royal Highness , will the People say , be a good Protestant , he will undoubtedly discourage all Papists , the sworn inveterate Enemies of our Religion , he will not suffer a Popish Priest to approach his Person or Palace . If he have had any intimation of any ill designs , if any have been tampering to reconcile him to Popery ( which is no less than Treason ) he will presently detect those mischievous Instruments , that they may be brought to condign Punishment , and applaud the Iustice that has been done on Coleman , the five Jesuits , Godfrey's Murderers , &c. thereby stopping the Mouths of that brazen Tribe who would make the World believe they died innocently . He will declare 〈◊〉 all Arbitrary Designs , detest those who by sneaking flatteries would un●●ng● the ancient and most wise Constitution of our Government . He will heartily recommend Parliaments to his Sacred Brother as the wisest and safest Councils , and even thank the late Houses of Commons for their zeal against him , whilst they apprehended him as an Enemy to his King , and the Religion and safety of the Kingdom . He will vigorously by his Counsels and Interests oppose the growing greatness of the French , which at this day threatens all Europe with Chains , and immediately tends not only to the decay of Great Britains . Trade and Glory , but also to the diminution , oppression , and ( if it lay in humane Power ) utter subversion of the Reformed Religion throughout the World. These and the like Noble Fruits , will the People not unreasonably expect from your R. H. when ever you shall please to declare your self a Protestant ; which that you may speedily do , not Politickly or Superficially , but with that sincerity , as so serious a matter ( of infinite more value than the Three Crowns you are Presumptive Heir to ) is the Prayer of all good Men , and particularly of Your Royal Highness 's Most Humble and Faithful Servant , Philanax Verax . LONDON , Printed , and are to be sold by Richard Ianeway , 1688. Ten Seasonable QUERIES , Proposed by an English Gentleman in Amsterdam , to his Friends in England , a little before the Prince of Orange came over . I. WHether any Real and Zealous Papist was ever for Liberty of Conscience ? it being a fundamental Principle of their Religion , That all Christians that do not believe as They do , are Hereticks , and ought to be destroyed . II. Whether the King be a Real and Zealous Papist ? If he be , Whether he can be truly for Liberty of Conscience ? III. Whether this King in his Brother's Reign did not cause the Persecution against Dissenters to be more violent than otherwise it would have been . IV. Whether he doth not now make use of the Dissenters to pull down the Church of England , as he did of the Church of England to ruin the Dissenters , that the Papists may be the better enabled in a short time to destroy them both ? V. Whether any ought to believe he will be for Liberty any longer than it serves his Turn ? and whether his great eagerness to have the Penal Laws and Test repealed be only in order to the easie establishing of Popery ? VI. Whether if these Penal Laws and Test were repealed , there would not many turn Papists that now dare not ? VII . Whether the forcing of all that are in Offices of Profit or Trust in the Nation , to lose their Places , or declare they will be for Repealing the Penal Laws and Test , be not Violating his own Declaration for Liberty of Conscience , and a new Test upon the People ? VIII . Whether the suspending the Bishop of London , the Dispossessing of the Fellows of Magdalen Colledge of their Freeholds , the Imprisoning and Prosecuting the Seven Bishops for Reasoning according to Law , are not sufficient instances how well the King intend to keep his Declaration for Liberty of Conscience , wherein he promiseth to protect and maintain all his Bishops and Clergy , and all other his Subjects of the Church of England in quiet and full enjoyment of all their Possessions with any molestation or disturbance whatsoever . IX . Whether the Usage of the Protestants in France and Savoy for these three years past , be not a sufficient Warning not to trust to the Declaration , Promises or Oaths in matters of Religion of any Papist whatsoever ? X. Whether any Equivalent whatsoever under a Popish King , that hath a standing Army , and pretends to a Dispensing Power , can be as equal Security as the Penal Laws and Test , as affairs now stand in England ? FINIS . A SIXTH Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. Five Letters from Scotland , giving Account of expelling Popery from thence . II. The Prince of Orange's Speech to the Scots Lords and Gentlemen met at St. Iames's . With their Advice to the Prince , to take upon him the Administration of the Affairs of Scotland . With his Highness's Answer . III. A Letter to a Friend , advising in this Extraordiry Juncture , how to Free the Nation from Slavery . IV. The Application of the Bishop and Clergy of London to the Prince of Orange , Sept. 21. 1688. V. An Address of the Nonconformist Ministers of London , to the Prince of Orange . VI. The Address of the City of Bristol to the Prince of Orange . VII . A Word to the Wise , for Setling the Government . VIII . A Modest Proposal to the present Convention . IX . An Historical Account touching the Succession of the Crown . X. A Narrative of the Miseries of New-England , by reason of an Arbitrary Government erected there . Licensed and Entred according to Order . London printed , and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row , 1689. Advertisement . VVHereas there is a sixth and seventh Collection of old Papers with new Title-Pages ( remote from the present Juncture of Affairs ) published by R. Baldwin ; The Reader is desired to take notice that the Person that collected the first five Parts , will continue them from time to time as often as matter occurs , in which he will take care not to impose any thing but what is new and genuine , and worth the Reader 's Money . To be sold by Richard Ianeway in Queen's-Head Court in Pater-Noster-Row , who sells the former five , and so all that shall follow . Five LETTERS From a Gentleman in Scotland , to his Friend in LONDON . Being a True Account of what Remarkable Passages have happened since the Prince's Landing ; The manner of the taking of the Chancellor , and his Lady in Man's Apparel ; The burning of the Pope , Demolishing of the Popish Chappels , &c. with the total overthrow of the Roman Catholicks . Edinburgh , Decemb. 3. 1688. THE Students of the University here , designed some time ago to burn the Pope's Effigies ; but that was not more zealously desired to be prevented by some , than to be done by others : Notwithstanding all the imaginable Care taken to prevent it , yet it was done about Ten Days ago , after day-light gone , at the Cross , and blown up with Art , that seems to have been beyond their Invention , above four Stories high . Two Days thereafter they went to the Parliament-House , at mid-day , passing by the Guards , crying , No Pope , No Papist : And being got into the Parliament-House , ( after they had required the Guards to be present at the Sentence ) and having got upon the Bench , they Arraigned his Holiness before his Judges , and gave the Jury their Commission , who brought him in Guilty ; whereupon , he was sentenced to be burnt publickly at the Cross the Twenty Fifth of this Instant ; and withal declared , and protested for a Free Parliament . On Sunday last , Advertisement was given by a Papist , to a Gentlewoman , to remove her self out of this City , and to carry out her Husband's Papers forthwith , because that Night there should be here a hot Wakening , such as had not been heretofore ; and advised her to give the same Advice to any of her Friends she pleased . Your Friend Mr. M. being acquainted with this , he revealed the same to several of our Magistrates , ( which , as is alledged , was not regarded ) he went thereafter and acquainted the Guard of our Trained-Bands therewith ; whereupon Captain Patrick Iohnstone ( Hilton's Brother ) caused to beat the Drums , and the Noise having gone abroad , and several Persons having ordered their Arms , and People flocking together to consider what was fit to be done , the Magistrates , with the Council , convened for the same purpose . A great many Boys met also , and went through the whole Town , crying aloud , No Pope , No Papist , No Popish Chancellor , No Melfort , No Father Peters . But the Gates were shut , the Magistrates went along the Streets for the keeping of the Peace ; and nothing more was done that Night , except the breaking of three or four Glass-Windows of Papists Houses , and that some of the Boys got up to the Cross , and proclaimed a Free-Parliament , and offered Two Thousand Pounds for Melford's Head ; so that Night past over , when all People here were in fear of some ill Designs , and the rather , because of their certain knowledg that there were lying in the Suburbs , a great many Hundreds of Highland-m●n , ( or rather Thousands ) and that all that day the Abbey Gates were exactly kept by Souldiers , Commanded by Captain Wallace a Papist , and none admitted to enter except Papists or Highland-men . On Monday , about mid-day , the Chancellor parted thence and went towards the Highlands , by Advice of several of the Privy Council and his Friends , and took a good Guard with him . At Night the Students went ( without Arms ) to the Abbey , to condemn the Pope , and to Proclaim a Free Parliament , and perhaps to burn what was contained in the Chappel , but without asking Questions , were repulsed by a shower of Ball , whereby several were wounded , and some since dead of their Wounds ; which coming to the Privy Councils Knowledg , ( which was then sitting ) they called the Town Council ( then also met ) and Captain Grahame ; desired them to see to the preservance of the Peace , and sent Six Heralds with an Order to Captain Wallace and his Men , to lay down their Arms , render themselves Prisoners , and deliver their Guards to the Magistrates , but they were answered by Ball ; which being reported to the Privy Council , they forthwith ordered Captain Grahame and his Company , Trained-Bands and Militia , to fall upon them , which they did ; Wallace and his Men fled , several of them were taken , and some wounded , as were some of Captain Grahame's Men. The Rabble were so incensed upon the firing , and supposition that it was Boys were killed , that they burnt all that was contained in the Chappel , the Jesuits Colledg , the Popish Printing-house , the Abbey Church , the Chancellor's Lodgings ; and generally , all that was contained in the Houses of Papists , in the Town and Cannon-gate , excepting what was taken away by some People who designed Plunder . They had Fires in the Abbey-Court , and at the Cross , all the Night , and spared nothing they got in Papists Houses . Some few Houses were spared at the intercession of some Protestants their Friends , and after true enquiry , I heard the Loss is called greater than it is . None of the Papists themselves were killed or wounded ; they met with few of them , those they got they carried into the Guard. In some of the Popish Houses , they found Arms and Barrels of Powder , which provoked to a more narrow search . All this time the Castle never fired one Gun , which is more attributed to the Duke of Gordon , than to any other inferior Officer . I am told , the Council sent and discharged an Execution from the Castle . Some of the Boys are dead of their Wounds . Traquair ( a Popish Lord ) and several others went to , and continue in the Castle for their security . The Council ordered the searching for Ammunition and Arms in some Popish Houses in the Country , and this day committed a Warrant for the restoring of what was plundred out of the Papists Houses . I had forgot to tell you , that on Monday last the Privy Council disbanded Six Hundred Men , taken on the Friday before , and commanded all the Highlanders forthwith to depart upon pain of Death ; and yesterday ordered all Gentlemen to depart out of the Town , excepting such as should give account of their Business to some of the Privy Council . I am credibly informed , that this day in the Privy Council , was voted an Address to be made to his Majesty for a Free Parliament ; there are several Noblemen and Gentlemen gone from hence into England , and more to follow , but it 's suspected they are going to the Prince of Orange . Edinburgh , Decemb. 20. WHen the Chancellor went away privately from the Abbey for Castle Drummond , he gave strict Command to Captain Wallace to preserve the Chappel , &c. The Rabble having gathered and procured Links , without any Fire-Arms , about Six at Night went to the Abbey , and were denied access ; whereupon , some pressing forward , Wallace commanded his Souldiers to fire , which they did , and killed and wounded about Twenty , whereof one half died shortly after . The Rabble retired to the City with a great Noise , towards the Entry to the Court of the Parliament-House , where some of the Lords of the Privy-Council were sitting . There some West-Country Gentlemen encouraged them to prosecute a Revenge , and got the Provost of the City to go to the House of Lords , and told them , if they would not give a Warrant to assault Wallace , and force him from the Abbey , they would do it without it . The Lords being alarm'd with the Slaughter , and a Report that several Gentlemens Sons were killed , and some of their own ; they ordered a Herald at Arms , with sound of Trumpet , to command Wallace in the King's Name to give up his Guard at the Abbey to the City : And the Company under the Cities Pay marched first , commanded by Captain Grahame , and after them all the Train'd-Bands and Militia , to force him in case of refusal ; several Gentlemen accompanying Grahame , and the Magistrates attending , Wallace refused the Herald , and fired upon Grahame , and the rest behind , wounded some Gentlemen and a few Souldiers : But Grahame marched quickly down a Lane on the South-side of the Porch of the Abbey-Court where Wallace was posted , and by a back way entered the Court , came upon Wallace's Reer , and the Town Companies fronting him ; after the first Fire he and all his Men fled , only a few of them were taken , the most part escaping under the Darkness of the Night . The City being thus Master of the Abbey , the Rabble immediately , without opposition , went first to the Chappel , forced the Doors , broke all to pieces , and carried several parcels in Triumph up to the Cross , and burnt them there . The next day strong Guards were set through the whole City and Suburbs , in convenient places , to repress any farther Tumults ; and so all was quiet , and continues so . This Morning there was coming into Leith a Boat from Burnt-Island , with eighty Men aboard , being a part of two or three hundred which had been sent for by the Duke of Gordon from the North to reinforce the Castle , and the rest to follow . But the Bayliff of Leith having notice before-hand of their coming , sent on Board and discharged their coming into the Harbor , and desired to speak with their Commander , who came ashoar , and owned the Design , being believed to be all Papists : He was seized , and the Men commanded back to the other Shoar , under the highest Pains . The Lords of the Treasury have called in all Commissions given to Papists , for collecting His Majesty's Revenue . Edinburgh , Decemb. 22. THE Chancellor thinking , as Affairs stood , he was not secure at home , resolved for France ; and with all the Privacy imaginable , he in Womans and his Lady in Mans Clothes , got aboard a Vessel bound from this Firth the 20 th instant , being Thursday ; which set Sail , the Wind being fair : But a certain Person on Horse-back , riding by Kircaldie , where the Seamen use to walk , called to them and told them , there was a good Prize in that Ship under Sail , namely , the Chancellor of Scotland . Whereupon , about thirty six common Sea-men , commanded by one Wilson , that had been a Bucaneer in America , which had Guns or Muskets , manag'd a light Boat , and without any Provision save a little Brandy , or any Order from a Magistrate , set Sail immediately , and came up with the Ship that Night , boarded her , inquired for the Chancellor , whom they denied to be aboard ; but after search , found him and his Lady cloathed as aforesaid , brought the Ship back , and carried the Prisoners , with Mr. Nicolson ( a Priest , late Regent in the Colledg of Glasgow ) ashoar to Kircaldie Talbooth ( or Prison . ) The Chancellor wrote Letters yesterday to several of the Privy-Council , complaining of the Injury done him . The Council have ordered him to be carried by the Earl of Marr , and a Company of the Militia , to Sterling-Castle . The Duke of Gordon has been desired by the Council to lay down his Charge of Governour of the Castle , but he still declines it ; alledging , that seeing he has his Commission immediately from the King , and to be accountable to none else , he cannot in Honour lay it down till he has His Majesty's Command for it , and says he had sent a Gentleman expresly to know His Majesty's Pleasure upon that point fourteen days ago , and expects his return every day : And in the mean time , has assured the Council by Letters , and this day the Provost and Magistrates of the City , whom he sent for to speak with , that he will upon his Word and Honour be a good Neighbour , and not do them or the City any Prejudice . Two days ago his Captain put an Oath to the Souldiers , whereby they bound themselves to be faithful to His Majesty , and their Superior Officers , and to defend the Protestant Religion , which being refused by twenty or thirty , whereof five were Papists , they were turned out . There was a Pink arrived at Leith on Thursday , sent by His Majesty . The Searchers seized two Boxes in it directed to the Chancellor , &c. and being brought to the Council , there were found in them several Precepts upon the Treasury for payment of certain Sums to Papists , and some Commissions ; in particular , a Commission to one Peter Winste ( a Papist ) to be Major of the Gates of the Castle , and have Power of all the Keys , without being accountable to the Lieutenant ( who is a Protestant ) but only to the Duke , and his Deputy , who is a Papist too . Edinburgh , Decemb. 25. THis Day the Students burnt the Pope solemnly at the Cross before Thousands of Spectators ; our Privy Counsellors and Magistrates were Spectators , and no Inconveniences followed . The Students were divided according to their Classes , ( that is , their Years of standing ) each Class with its Captain . They advanced orderly , with Swords in their Hands , and Hoitboys before them ; the College Mace was carried before them by the under-Janitor in his Gown , and bare . We have many Reports here of the Landing of Irish-men , but false ; the whole Country is in Arms , and Apprehends the Papists ; and at Dumfriese they have taken and imprisoned the Provost , with some other Papists and Priests , and guard their Town with Six Companies a-night ; and have planted Cannon ( taken from their Ships ) at the Cross and Ports , and recovered their Ammunition which was sent to Carlavorock Castle . Edinburgh , Decemb. 27. OUR Council has sent an Address to the Prince of Orange , at least it may go hence on Saturday next . At Glasgow the Prince of Orange was Proclaimed the Protestant Protector . The whole Country is up for the Prince , or at least under pretence for their Safety against Papists ; but there is no fear of them in this Kingdom , unless it be in Nithisdale and Galloway ; and I think neither there : However , there were some long Knives , or Bagonets , of a strange shape , taken at Kirkudbright . His HIGHNESS the PRINCE of ORANGE his SPEECH to the Scots Lords and Gentlemen . VVith their Advice , and his Highness's Answer . VVith a True Account of what past at their Meeting in the Council-Chamber at Whitehal , Ianuary 7. 1688 / 9. His Highness the PRINCE of Orange having caused Advertise such of the Scots Lords and Gentlemen as were in Town , met them in a Room at St. Iames's , upon Monday the Seventh of Ianuary , at Three of the Clock in the Afternoon , and had this Speech to them . My Lords and Gentlemen , THE only Reason that induced me to undergo so Great an Vndertaking , was , That I saw the Laws and Liberties of these Kingdoms overturned , and the Protestant Religion in Eminent Danger : And seeing you are here so many Noblemen and Gentlemen , I have called you together , that I may have your Advice , what is to be done for Securing the Protestant Religion , and Restoring your Laws and Liberties , according to my Declaration . As soon as his Highness had retired , the Lords and Gentlemen went to the Council-Chamber at Whitehall ; and having chosen the Duke of Hamilton their President , they fell a consulting , what Advice was fit to be given to his Highness in this Conjuncture : And after some Hours Reasoning , they agreed upon the Materials of it , and appointed the Clerks , with such as were to assist them , to draw up in writing , what the Meeting thought exp●dient , to advise his Highness , and to bring it in to the Meeting the next in the Afternoon . Tuesday , the Eighth Instant , the Writing was presented in the Meeting : And some time being spent in Reasoning about the fittest way of Coveening a General Meeting of the Estates of Scotland . At last the Meeting came to agree in their Opinion , and appointed the Advice to be writ clean over , according to the Amendments . But as they were about to part for that Dyet , the Earl of Arran proposed to them , as his Lordship's Advice , that they should move the Prince of Orange , to desire the King to return and call a Free-Parliament , which would the best way to Secure the Protestant Religion and Property , and to Heal all Breaches . This Proposal seemed to dissatisfy the whole Meeting , and the Duke of Hamilton their President , Father to the Earl , but they presently parted . Wednesday , the Ninth of Ianuary , they met at three of the Clock in the same Room , and Sir Patrick Hume took notice of ●he Proposal made by the Earl of Arran , and desired to know if there was any there that would second it : But none appearing to do it ; he said , That what the Earl had proposed , was evidently opposite and inimicous to his Highness the Prince of Orange's Undertaking , his Declaration , and the Good Intentions of preserving the Protestant Religion , and of Restoring their Laws and Liberties exprest in it ; and further , desired that the Meeting should declare this to be their Opinion of it . The Lord Cardross seconded Sir Patrick's Motion : it was answered by the Duke of Hamilton , President of the Meeting , That their Business was to prepare an Advice to be offered to the Prince ; and the Advice being now ready to go to the Vote , there was no need that the Meeting should give their Sense of the Earl's Proposal , which neither before nor after Sir Patrick's Motion , any had pretended to own or second ; so that it was fallen and out of doors ; and that the Vote of the Meeting , upon the Advice brought in by their Order , would sufficiently declare their Opinion : This being seconded by the Earl of Sutherland , the Lord Cardross , and Sir Patrick did acquiesce in it ; and the Meeting voted una●imously the Advice following . To His HIGHNESS the PRINCE of ORANGE . WE the Lords and Gentlemen of the Kingdom of Scotland , Assembled at your Highness's desire , in this Extraordinary Conjunction , do give your Highness our humble and hearty Thanks for your Pious and Generous Undertaking , for Preserving of the Protestant Religion , and Restoring the Laws and Liberties of these Kingdoms . In order to the Attaining these Ends , our humble Advice and Desire is , That your Highness take upon You the Administration of all Affairs , both Civil and Military ; the Disposal of the Publick Revenues and Fortresses of the Kingdom of Scotland , and the doing every Thing that is necessary for the Preservation of the Peace of the Kingdom , until a General Meeting of the States of the Nation , which we humbly desire your Highness to Call , to be holden at Edinburgh the Fourteenth day of March next ; by your Letters or Proclamation , to be published at the Market-Crosses of Edinburgh , and other Head-Boroughs of the several Shires and Stewartries , as sufficient Intimation to All concerned , and according to the Custom of the Kingdom : And that the Publication of these your Letters or Proclamation , be by the Sheriffs , or Stewart Clerks , for the Free-holders , who have the value of Lands , holden according to Law , for making Elections ; and by the Town-Clerks of the several Burroughs , for the meeting of the whole Burgesses of the respective Royal Burroughs , to make their Elections at least Fifteen Days before the Meeting of the Estates at Edinburgh ; and the Respective Clerks to make Intimation thereof , at least Ten Days before the Meetings for Elections : And that the whole Electors and Members of the said Meeting at Edinburgh , qualified as above exprest , be Protestants , without any other Exception or Limitation whatsoever ; to Deliberate and Resolve what is to be done for securing the Protestant Religion , and Restoring the Laws and Liberties of the Kingdom , according to Your Highness's Declaration . Dated at the Council-Chamber in Whitehal the Tenth Day of January , 1689. This Address being Subscribed by 30 Lords , and about 80 Gentlemen , was presented in their presence at St. Iames 's , by the Duke of Hamilton their President , to his Highness the Prince of Orange , who thanked them for the Trust they reposed in him , and desired a Time to consider upon so weighty an Affair . Upon the Fourteenth of Ianuary , his Highness the Prince of Orange ▪ met again with the Scots Lords and Gentlemen at St. Iames 's ; And spoke to them as follows . My Lords and Gentlemen , IN persuance of your Advice , I will , untill the Meeting of the States in March next , give such Orders concerning the Affairs of Scotland , as are necessary for the Calling of the said Meeting , for the Preserving of the Peace ; the applying of the Publick Revenue to the most pressing Vses , and putting the Fortresses in the Hands of Persons , in whom the Nation can have a just Confidence : And I do further assure you ; That you will always find me ready to concur with you in every Thing that may be found necessary for Securing the Protestant Religion , and Restoring the Laws and Liberties of the Nation . The Earl of Crawfourd desired of his Highness , That himself , the Earl of Louthian , and others , come to Town since the Address was presented , might have an opportunity to subscribe it ; which was accordingly done : His Highness retire● , and all shewed great Satisfaction with his Answer . A LETTER to a Friend , advising in this Extraordinary Iuncture , how to free the Nation from SLAVERY for ever . SIR , I Doubt not but the Wisdom of the Nation will take the most effectual way to secure our Religion , our Liberties and Property . However , being a Lover of all these , I can't forbear communicating my Thoughts unto you with an assurance you 'l consider them . God hath done great things for us , and yet the greatest thing is not yet done ; there are many Difficulties in the way , and many more will be thrown into it . Slavery is most to be dreaded at this time : What is done must be chiefly to guard against it . How to do it , is the principal business of the Great Men in the next Convention . To know where we are , is the first step to be taken . Is the Government dissolved , or only under some Disorders ? If the latter ; Are the Disorders such as must be laid to the Charge of the King , or to his Ministers , or both ? If to the King ; Are they sufficient to depose him ? If that be done , Are we more secure from Slavery than now ? Will there be more than a Change of Persons in the Throne ? A Child for a Father , a Protestant for a Papist ? And in a few Years the Succession may fall to the Queen of Spain , or Dutchess of Savoy , both Roman Catholicks , and we in as great , or greater danger of Popery and Slavery than we were the other day ; the Constitution remains the same , the Iura Majestatis , viz. the Militia ; the Power to make War or Peace ; the choosing Judges , Sheriffs , &c. still in the Person of the King ; or if only by one Parliament restored to the People , another Parliament may give them the King again . Leges Posteriores priores abrogant . And who can tell what Contests there may be about the Right of the Crown . The Deposed Prince is alive , and his Right by Sword will be disputed , &c. If the Government be dissolved , the Power devolves on the People ; no one can claim the Crown ; the Royal Family is as it were extinct ; the People may set up what Government they please , either the old , or a new ; A Monarchy absolute , or limited ; or an Aristocracy or Democracy . If a Monarchy limited , supposing it mostly suited to the temper of the English , they may choose what Family they please to sit in the Throne : They may settle it on the Princess of Orange , Princess Ann , the Prince of Orange , and for want of Issue , on whom else they think meet . These hold not by virtue of an old Right , but by reason of the People's placing it upon them , and the Monarchy may be thus , de Novo , made Hereditary , and the King and Prince of Wales gone , having lost their Right by the Dissolution of the Government . The Iura Majestatis , the Militia , the Power of War and Peace , or the Power of the Sword , with the Power of making Judges , Sheriffs , &c. may be lodged where now the Power of Legislation is , viz. in King , Lords , and Commons , which will necessitate frequent Parliaments , and make it impossible for the Monarch to enslave us . There are but two ways by which Slavery can be brought on us , viz. Force or Injustice . The Militia , or Power of the Sword , being in the People , we are secured from the mischief of Force . The Power of making Judges and all the Ministers of Justice being also in the People , they cannot be ruin'd by Injustice . But we must do no Evil ●hat Good may come of it . Is our Government dissolved , or is it not ? If there be a Dissolution , Is it of the Constitution , or only of the Form of Administration ? I confess my self not States-man enough to be acquainted with the Fineness of the Politicks , but am apt to run the old Road , and please my self with an old Distinction , All Power is Originally , or Fundamentally in the People , Formally in the Parliament , which is one Corporation made up of three Constituent Essentiating Parts , King , Lords and Commons , so it was with us in England . When this Corporation is broken , when any one Essentiating Part is lost or gone , there is a Dissolution of the Corporation . The Formal Seat of Power , and that Power devolves on the People . When it 's impossible to have a Parliament , the Power returns to them with whom it was originally . Is it possible to have a Parliament ? It 's not possible . The Government therefore is dissolv'd . If what is essential to our Constitution be invaded or ravished from us , the Constitution is broken . I will instance in two things essential to the Constitution . That the People choose their own Representatives . And that their Representatives have such an Interest in the Legislation , that no Laws be made or abrogated without their Consent . The destroying one or both of these , subverts the Foundation of our Government . The Government being dissolved , what must the People do ? C●re must be taken that the Government to be erected by such as will perfectly secure us from Slavery ; and be a Fence inviolable to the Liberty and Property of the People : And the Rights of Majesty must be therefore lodged with the Parliament ; this will be grateful to the People . The way of doing it must be Great , Awful , and August , that none may be able to quarrel it . A National Convention made up of the Representatives of the Community : That the Convention may be truly National , and represent the Community , it must be larger than a House of Commons ordinarily is . It 's this Convention that sets up what kind of Government they please . If they 'l have a Parliament made up of King , Lords and Commons , it 's sufficient that this Convention is so pleased . The Power of this Convention must be absolute and uncontroulable , accountable to none but God. It gives Laws to Kings , yea to the whole Parliament , and sets bounds unto it ; it shall go so far , and no further . No Act of Parliament can be strong enough to move the Foundation laid by this Convention . The Convention therefore , as it has more Power than a Parliament , and is it's Creator , it must have a larger Body . What think you therefore if the first thing done by the approaching Convention be the increasing their Number . What if they double it ? Whether by ordering every Market-Town to send up their Representatives , or every Hundred , Wapentake , &c. or by some other way ; according to the proportion of People , and publick Payments , as the wise Men of this Convention shall judg most practicable , that it may be the Grand Council of the Nation . I have unburdened my self , and am Your Humble Servant . Ian. 5. 1688. Some Account of the Humble Application of the Pious and Noble Prelate , Henry Lord Bishop of London , with the Reverend Clergy of the City , and some of the Dissenting Ministers in it , To the Illustrious Prince William Henry , the Prince of Orange , on Friday , September 21. 1688. HE declared in Excellent Words , That they came to pay him their Humble Duties and most Grateful Respects for his very great and most hazardous Undertakings for their Deliverance , and the Preservation of the Protestant Religion , with the Ancient Laws and Liberties of this Nation . He addeth , That they gave up daily many Thanksgivings to Almighty God , who had hitherto been graciously pleased so wonderfully to preserve his Person , and prospe● and favour his good Design . And they promised the continuance of their ferventest Prayers to the same God , and all Concurrent Endeavours in their Circumstances , for the promoting yet further that Work which was so happily begun , and also for the perfecting of it , not only in this Kingdom , but in other Christian Kingdoms . He likewise suggested to the Good Prince , That some of the Dissenting Ministers , and their Brethren , were there present , who having the same sense of his Coming hither , with themselves , had joyned themselves with them by him , to render Him their Humblest and most Grateful Resentments . His Highness was pleased to declare , That he thanked them for their Attendance , and acquainted them very briefly with the chiefest Ends of his Difficult and Chargeable Expedition : That indeed it was to Preserve and Secure the Protestant Religion ( his own Religion and their Religion ) and assuring them he should not think any thing ( not Life it self ) too dear to hazard in promoting and perfecting so good a Work. Also he offered up ( with great Devotion ) his solemnest Acknowledgments to Almighty God for his Presence with him , and Blessing upon his Endeavours and Arms hitherto ; and asked the Continuance of all their Prayers to God for him . — The Address of the Nonconformist Ministers ( in and about the City of London ) to his Highness the Prince of ORANGE . WEdnesday , Ianuary 2●● divers of the Dissenting Ministers in and about London , that go under the Denominations of Presbyterial and Congregational , to the Number of Ninety , or upwards , attended his Highness the Prince of Orange at St. Iames's , being introduced by the Earl of Devonshire , the Lord Wharton , and the Lord Wiltshire . Their Sense was represented by one of those Ministers to this effect , viz. That they professed their grateful Sense of his Highness's Hazardous and Heroical Expectition , which the Favour of Heaven had made so surprizingly prosperous , &c. That they esteemed it a common Felicity , that the worthy Patriots of the Nobility and Gentry of this Kingdom , had unanimously conc●rred unto his Highness's Design , by whose most prudent Advice , the Administration of Publick Affairs was devolved in this difficult Conjuncture , into Hands which the Nation and World knew to be Apt for the greatest Undertakings , and so suitable to the present Exigency of our Case . That they promised the utmost Endeavour , which in their Stations they are capable of affording , for the promoting the excellent and most desirable Ends , for which his Highness had declared ▪ That they added their continual fervent Prayers to the Almighty , for the Preservation of his Highness's Person , and the Success of his future Endeavours for the Defence and Propagation of the Protestant Interest throughout the Christian World. That they should all most willingly have chosen , That for the Season of paying this Duty to his Highness , when the Lord Bishop , and the Clergy of London attended his Highness for the like purpose , ( which some of them did , and which his Lordship was pleased condescendingly to make mention of to his Highness ) had their notice of that intended Application been so early , as to make their more general Attendance possible to them at that time . That therefore tho they did now appear in a distinct Company , they did it not on a distinct Account ▪ but on that only which is common to them and to all Protestants . That tho there were some of Eminent Note , whom Age or present Infirmities hindred from coming with them , yet they concurred in the same grateful Sense of our common Deliverance . His Highness was pleased very favourably to receive this Application , and to assure them , That he came purposely for the Defence of the Protestant Religion ; and that it was his own Religion , wherein he was Born and Bred , the Religion of his Country , and of his Ancestors ; That he was resolv'd by the Grace of God always to adhere to it , and to do his utmost Endeavours for the Defence of it , and the promoting a firm Vnion among all Protestants . The Speech of the Recorder of Bristol to his Highness the Prince of Orange , Monday , January the 7 th , 1688. The Mayor , Recorder , Aldermen , and Commons of the Principal Citizens of the City of Bristol , waited upon the Prince of Orange , being introduced by his Grace the Duke of Ormond , their High-Steward , and the Earl of Shrewsbury : VVhere the Recorder spake to this Effect : May it please your Highness , THE Restitution of our Religion , Laws , and Liberties , and the Freeing us from that Thraldom which hath rendred us for many Years useless , and at last dangerous to the Common Interest of the Protestant World , by your Highness's singular Wisdom , Courage , and Conduct , are not only a Stupendious Evidence of the Divine Favour and Providence for our Preservation ; but will be , and ought to be an Everlasting Monument of your Highness's Magnanimity , and other the Heroick Vertues which Adorn your Great Soul , by whom such a Revolution is wrought in this Nation , as is become the Joy and Comfort of the Presen● , and will be the Wonder of all Succeeding Ages , In the Contrivance and Preparation of which Great Work , your Highness ( like the Heavens ) did shed your propitious Influences upon us , whilst we slept , and had scarce any prospect from whence we might expect our Redemption . But as since your happy Arrival in England , we did amongst the first , Associate our selves to assist and promote your Highness's most Glorious Design , with our Lives and Fortunes ; so we now think our selves bound in the highest Obligation of Gratitude , most humbly to present to your Highness our humble and hearty Thanks , for this our Deliverance from Popery , and Arbitrary Power ; and likewise , for declaring your Gracious Intentions , That by the Advice of the Estates of this Kingdom , you will Rectifie the late Disorders in the Government , both Ecclesiastical and Civil , according to the known Laws . The due and inviolable Observation of which , will in our poor Opinion , be the only proper Means to render the Soveraign Secure , and both Sovereign and Subject happy . To which his Highness returned a most Gracious Answer . A Word to the Wise , for Settling the Government . IT is an Universal Truth , That no Nation can subsist without some Government ; and the Wisdom of this Nation hath framed their Government , to consist in a King , the Lords , and the Commons . In these three Conjunct , wholly resides the Power of making and altering Laws , for the Common Good of the whole ; and i● called the Legislative Power . The King alone is entrusted with the due Execution of these Laws , for the Preservation , Protection , and Comfort of the People , both in Church and State ; and this Trust and Power is called the R●gal Power . If then this Nation , being Protestant , and under Protestant Laws , have a King , who shall declare h●mself a Zealous Roman Catholick , and put himself under the Power and Conduct of the Papal Jurisdiction , admitting the Pope's Supremacy , Nuntio , Bishops , Appeals , &c. And to his power endeavour to Establish the Popish Religion in the Realm ▪ Quest I. Whether such a King hath not thereby made himself Incompetent , and uncapable to Govern a Protestant Church , and a Protestant People , by their Protestant Laws ? and notoriously Abdicated or Renounced the Government ? II. If a King , entrusted with the Regal Power , ut supra ▪ shall Subvert the Fundamental Laws ; Dispense with Statutes ; Destroy Colleges and Corporations ; Erect High and Illegal Courts ; Invade the Peoples Freeholds , and Free Elections to Parliament ; put the Ports and Power of the Nation into Enemies hands ; Protect and Promote Traytors ; and turn the Protective Power of the Nation to the Ruine and Destruction of the People , their Laws and Religion : Whether by so doing , such a King doth not , in Fact , declare , That he will not Rule the Kingdom by its Laws and Constitutions , but by his own Absolute Will and Pleasure ? III. If a King so entrusted with the Regal Power , ut supra , shall , and do voluntarily depart the Realm , with the Signals of Government , without any provision for the Publick Administration , and so deserting both the People , Place and Power ; Whether such a King hath not Divested himself of that Trust and Regal Power ? IV. If so , and the Lawyers Rule be true , ( Quod non est haeres Viventis ) Then whether this Regal Power be Descended , so long as the King is Living ? V. If the Regal Power be Fallen , and yet not Descended ; whether of necessity it must not fall to its Center , or Root from whence it Sprang , which is the whole Nation , now consisting in Lords and Commons , as it must have fallen , if the King had died without Heir ? VI. If the Regality then be not Descended , but thus Laps'd to the People , and that this most Excellent Government , is therein become Defective ; whether it be not of necessity , that this defect be supplied by a speedy Constituting some Person to that Office , Power , and Trust , to compleat the Government ? VII . If that be so ; Then what Person , in this present Juncture of Affairs , is most proper to be therewith Invested ? Whethe● one , who at the Nations charge , at all Times , and upon all Occasi●ns , and to the utmost Extremities , hath given undeniable Evidence to the World , of his constant Resolution and endeavours to Subvert the Religion , Laws , and Liberties of his People ; Or one , who at his own Charge , and at the peril of his own Honour , Life , and Fortune , hath Rescued and Delivered the Nation from that deplo●able Condition and Danger ; and whose Wisdom , Vertue , Courage , and Conduct , is an Honour to the Age , the Joy of all good Men , and the Fear of Bad , both here and abroad , and who must adorn that People , over whom he shall preside ? VIII . If then the Crown be thus fallen , and must be placed de novo ; Whether it was ever more necessary than now , to settle and limit the Succession thereof ( as it hath been often done ) by Parliament ; in regard there are but Three Persons of the Protestant Religion an● o● the Royal Blood viz. his Highness , and the Two Princesses ▪ not much different in Age , beyond whom the Descendants are many , and all Roman Catholicks ? IX . Whether then it may not be adviseable it be limited to the Prince for Life ; the Remainder to his Princess , and the Heirs of her Body ; the Remainder to the Princess Ann , and the Heirs of her Body ; the Remainder to the Prince , and the Heirs of his Body : In Default of such Issue , to such Person and Persons , as the Lords and Commons , then last sitting in Parliament , shall Declare and Appoint ? X. Whether such Limitation will not avoid all Questions which may at present , or hereafter arise , touching the Title of the Crown , either near , or remote , and settle and preserve the Peace of the Nation for ever ? XI . Whether so doing will not prevent any scruple her Highness may have , of accepting the Crown in her Father's Life-time , as did ar●se in the Son of King Edward the Second ? XII . Whether thereby the Nation will not in some measure express its Duty and Gratitude to his Highness , who ( under God ) hath ●redeemed and Delivered it from Popery and Slavery , and raised his own Merit above the level of a Subject ? XIII . Whether this Great Prince , whom God hath advanced for the Conduct and Safety of the Protestant World , will not be the steer to accomplish those Glorious Ends ? XIV . Whether the Two Royal Daughters , cons●dering such his Highness's securing their Right and Succession to the Crown of these Realms , against all Popish Endeavours to hinder the same , will not see just Cause to promote the Limitations aforesaid ? XV. And lastly , Whether the Wisdom and Interest of the Nation doth not oblige all good Men to concur with his Highness , and his most Noble Declaration , and Gracious Designs , To Establish their Religion , their Liberties and Properties , beyond all Humane Power of Violation , or Subversion for the Time to come ? A Modest PROPOSAL to the present CONVENTION . THE thing that ofiers it self in this great Conjuncture is , to have a Grand Committee of Lords and Commons ( Forty at least from each House ) to be as a Privy Council , or Council of State , or Governing Senate . It were to be wished , that Twenty of each Forty might be for Life ; and the other Twenty Biennial , Ten going off every Year . Or half might be changed Annually . Each Senator or Counsellor to have for his Salary or Maintenance , a Thousand Pounds a Year . This would be such an Advancement to the Nobility and Gentry , as England never saw . And the Charge is a Trifle . There is more sp●nt in some Monarchies , upon Hawks , Hounds , and Whores . The Prince to preside in this Council or Senate ( or such Person as he shall appoint in his stead ) and to have Ten Votes at least . He must also be General and Admiral ; and must have such further Powers , and such a Maintenance or Revenue , as his Great Merits require . But withal , such as are consistent with the Government he designs for us . The Prince's Maintenance should equal , or exceed , that of all the Senators put together . All that are of this Council , and all that hope to be , ( that is , all the Considerable Men of the Nation ) will by this means be firm to the Prince . And so will those others who have the great Priviledge of Choosing them , whereby they may have Confidence in their Administration . And this one thing will give the Prince so strong an Interest , that he needs fear no Pretension that can be against him . It will be better than a Standing Army : The necessity whereof nothing can prevent , but such a Standing Council . The Parliament to be Chosen Triermially , and to meet Annually . It is believed that such a Constitution as this , would effectually Secure us ( according to the Princes good Intentions ) from Popery and Tyranny . And the Prince will be the glorious Author of the Britannick Liberty , as his Great Grand-Father was of the Belgick . The Genoeses to this day adore the Memory of Andrew Doria , who chose rather to make them a Free State , than to be their Prince . Barely to change our Master , would but revive the Feuds of York and Lancaster , and involve us in the like Calamities . These things to continue but during the Life of the King , and not to prejudice a Protestant Successor . A Short Historical Account touching the Succession of the CROWN . IN the Heptarchy , there was no sixt Hereditary Right ; one King tripping up the Heels of another , as he had Power , till one got all . Afterward no sixt Hereditary Right ; for Althestan , the Great King , was a Bastard ; and so were several others ; why by then Courage and Policy got the Crown ; so that a Law was made , under the Saxon Monarchy , de Ordinatione Regnam , that directed the Election of Kings , prohibiting Bastards to be Elected . Edward the Confessor was not King , Iure Haereditario . William the First ( called the Conqueror ) had no Right , bu● from the Peoples Election . William Ruffus was Elected against the Right of his Elder B●oth●● . Henry the First came in by the same way . King Stephen was Elected , a Clero & Populo , and Confirme● by the Popo . Henry the Second came in by Consent , yet he had no Hereditary Right , for his Mother was living . Richard the First was charged before God and Men by the Arch-Bishop , upon his Coronation , that he should not presume to take the Crown , unless he resolved faithfully to observe the Laws . King Iohn , his Brother , because his Elder Brother's Son was a Foreigner , was Elected a Clero & Populo , and being Divorced from his Wife , by his new Queen he had Henry the Third . Henry the Third was Confirmed , and Setled in the Kingdom , by the General Election of the People ; and in his Life-time , the Nation was Sworn to the Succession of Edward the First , before he went to the Holy Land. Edward the First being out of England , by the Consent of Lords and Commons , was declared King. Edward the Second being misled , and relying too much upon his Favourites , was Deposed , and his Son was declared King in his Life-time . Richard the Second , for his evil Government , had the Fate of the Second Edward . Henry the Fourth came in by Election of the People , to whom Succeeded Henry the Fifth , and Henry the Sixth , in whose time Richard Duke of York claimed the Crown ; and an Act of Parliament was made , that Henry the Sixth should enjoy the Crown for his Life , and the said Duke after him ; after which , King Henry raises an Army , by Assistance of the Queen and Prince ; and at Wakefield , in Battel , kills the Duke ; for which , 1 Ed. 4. they were all , by Act of Parliament , Attainted of Treason ; and one principal Reason thereof , was , for that the Duke being declared Heir to the Crown after Henry , by Act of Parliament , they had killed him . Edward the Fourth enters the Stage , and leaves Ed. 5. to Succeed , to whom Succeeds Richard the Third , Confirmed King by Act of Parliament , upon Two Reasons : First , That by reason of a Precontract of Edward the Fourth , Edward the Fifth , his Eldest Son , and all his other Children were Bastards . Secondly , For that the Son of the Duke of Clarence , second Brother to Edward the Fourth , had no Right , because the Duke was Attainted of Treason , by a Parliament of Ed. the 4 th . Henry the Seventh comes in , but had no Title ; First , Because Edward the Fourth's Daughter was then living : Secondly , His own Mother , the Countess of Richmond , was then living . After him , Henry the Eighth wore the Crown , who could have no Title by the Father ; in his time the Succession of the Crown was Limitted several times , and the whole Nation Sworn to the Observance . Sir Thomas Moor declared , That the Parliament had a Power to bind the Succession , which was declared to be Law , by 13 Eliz. cap. 1. and made a Praemunire to hold the contrary . Edward the Sixth succeeded , but his Mother was married to King Henry , while Ann of Cleve , his Wife , was living . Queen Mary was declared a Bastard ; and by Vertue of an Act of Parliament of Henry the Eighth , she Succeeded ; which Act being Repealed in the First of her Reign , and the Crown being Limitted otherwise by Parliament , all the Limitations of the Crown in King Henry the Eighth's Reign were avoided ; so that Queen Elizabeth , who was declared a Bastard , by Act of Parliament in Henry the Eighth's time , and limitted to Succeed , in another Act in his time , and that Act repealed by Queen Mary , became Queen in the force of her own Act of Parliament , which declares her Lawful Queen . The Crown was Entail'd in Richard the Second's time ; again , in the time of Henry the Fourth ; again , in the time of Henry the Sixth ; again , in the time of Edward the Fourth ; again , in the time of Richard the Third ; again , in the time of Henry the Seventh ; Thrice in the time of Henry the Eighth . And upon the Marriage of Queen Mary to King Philip of Spain , both the Crowns of England and Spain were Entailed ; whereby it was provided , that of the several Children to be Begotten upon the Queen , one was to have the Crown of England , another Spain , another the Low-Countries ; the Articles of Marriage to this purpose , were Confirmed by Act of Parliament , and the Pope's Bull. So that it was agreed by the States of both Kingdoms , and the Low-Countries , and therefore , probably , the Universal Opinion of the Great Men of that Age , That Kings and Sovereign Princes , with the Consent of their States , had a Power to Alter and Bind the Succession of the Crown ; and never denied to be Law till the Reign of King Charles the Second . True it is , that this Doctrine doth not go down well with those that do pretend to Prerogative , added ( as they say ) by the Act of Recognition made to King Iames ; and the Oaths of Supremacy and Allegiance , which do make so much talk conce●ning Inheritance and Heirs : But let these Gentlemen consider , that the Act of Recognition made no Law for the future ; nor doth the same cross the Statute of 13 Eliz. nor doth it take away the power of the Parliament from over-ruling the Course of the Common-Law for after-Ages . Nor do the Oaths of Allegiance and Supremacy hold forth any such Obligation unto Hei●s , otherwise than as supposing them to be Successors , and in that Relation only . And therefore , was no such Allegiance due to Edward the Sixth , Queen Mary , or Queen Elizabeth , until they were actually possest of the Crown , as may appear by the Oath forced by the Statute of H. 8. touching their Succession . Nor did the Law suppose any Treason could be acted against the Heirs of Ed. 6. Queen Mary , or Queen Eliz. until these Heirs were actually possest of the Crown , and so were Kings and Queens , as by the express words in the several Statutes do appear . Nor did the Recognition , by the Parliament made to Queen Elizabeth , declare any engagement to the People to assist , and defend Her and the Heirs of Her Body , otherwise than with this Limitation , being Kings and Queens of this Realm ; as by the Statute in that behalf made doth appear . Moreover , had these Oaths been otherwise understood , the Crown had by virtue of them been preingaged , so as it could never have Descended to Queen Mary , Queen Elizabeth , or King Iames , but must have remained to the Heirs of Edward the Sixth for ever . A Narrative of the Miseries of New-England , by reason of an Arbitrary Government Erected there . THat a Colony so considerable as New-England is , should be discouraged , is not for the Honour and Interest of the English Nation ; in as much as the People there are generally Sober , Industrious , Well-Disciplin'd , and apt for Martial Affairs ; so that he that is Sovereign of New-England , may by means thereof ( when he pleaseth ) be Emperor of America : Nevertheless , the whole English Interest in that Territory has been of late in apparent danger of being lost and ruined , and the Miseries of that People by an Arbitrary Government erected amongst them , have been beyond Expression great . The original of all which has been the Quo Warranto's issued out against their Char●ers ; by means whereof they have been deprived of their ancient Rights and Priviledges . As for the Massachusets Colony ( whose Patent beareth date from the Year 1628. ) There was in the Year 1683 , a Quo Warranto ; and after that in the Year 1684 , a Writ of Scire Facias against them , and they were required to make their appearance at Westminster in October , which they knew nothing of till the month before , so that it was impossible for them to answer at the time appointed ; yet Judgment was entred against them . Plimouth Colony , after they had enjoyed their first Government above threescore years , ( without so much as a pre●ence of Misgovernment alledged ) had all their Priviledges at once taken from them . There was a Quo Warranto against Conecticot Colony ( whose Charter was granted to them by King Charles the Second ) only Letters were sent to them in the King's Name , signifying , that ( in case they did resign their Charter ) they should take their choice of being under New-York or Boston . Several of the Magistrates there returned a most humble and supplicatory Answer , praying , That their former Government might still continue ; but that if it must be taken from them , they had rather be under Boston than New-York : This was by some at Court interpreted a Resignation of their Charter , and a Commission sent to Sir Edmond Andross , who went with some armed Attendants to Hartford ( their principal Town ) and declared their Charter and former Government to be void . As for Road-Island , they submitted themselves to His Majesties pleasure . Before these Changes happened , New-England was of all the Foreign Plantations ( their Enemies themselves being Judges ) the most flourishing and de●irable . But their Charters being all ( one way or other ) declared to be void and insignificant , it was an easy matter to erect a French Government in that part of the King's Dominions , ( no doubt intended by the Evil Counsellors ) as a Specimen of what was designed to be here in England , as soon as the times would bear it . Accordingly Sir Edmond Andross ( a Gernsey-man ) was pitched on as a fit Instrument to be made use of ; and a most Illegal Commission given him , bearing date Iune 3 , 1686 , by which he , with four of his Council , ( perhaps all of them his absolute Devotees ) are impower'd to make Laws and raise Moneys on the Kings Subjects without any Parliament , Assembly , or Consent of the People . It was thought by Wise Men , that the Remembrance of Dudley and Empson , who were in the days of King Henry the Eighth executed for acting by a like Commission , would have deterred them from doing so ; But it did not , for Laws are made by a few of them , and indeed what they please : nor are they printed , as was the Custom in the former Governments , so that the People are at a great loss to know what is Law , and what not . Only one Law they are sensible of , which doth prohibit all Town-Meetings , excepting on a certain Day once a Year ; whereas the Inhabitants have occasion to meet once a Month , sometimes every Week , for relief of the Poor , or other Town-Affairs . But it is easy to penetrate into the Design of this Law , which was ( no Question ) to keep them in every Town from complaining to England , of the Oppression they are under : And ( as Laws have been Established ) so Moneys have been Raised by the Government in a most Illegal and Arbitrary way , without any consent of the People . Sir Edmond Andross caused a Tax to be leavied of a Penny in a Pound on all the Towns then under his Government : And when at Ipswich and other places , the Select Men ( as they are there stiled ) voted , That inasmuch as it was against the Common Priviledges of English Subjects , to have Money raised without their own Consent in an Assembly or Parliament ; That therefore they would petition the King for liberty of an Assembly before they made any Rates ; the said Sir Edmond Andross caused them to be Imprisoned and Fined , some 20 l. some 30 l. and some 50 l. as the Judges , by him instructed , should see meet to determine ; Yea , and several Gentlemen in the Country were Imprisoned and bound to their Good Behaviour , upon meer suspicion , that they did incourage their Neighbours not to comply with these Arbitrary Proceedings . And that so they might be sure to effect their Pernicious Designs , they have caused Juries to be pick'd of Men who are not of the Vicinity , and some of them meer Strangers in the Country , and no Freeholders : which actings are highly Illegal . One of the former Magistrates was committed to Prison without any Crimes laid to his Charge , and there kept half a Year without any Fault ; and tho he petitioned for a Habeas Corpus , it was denied him . Also inferiour Officers have extorted what Fees they please to demand , contrary to all Rules of Reason and Justice . They make poor Widows and Fatherless pay 50 s. for the Probate of a Will , which under the former easy Government would not have been a Tenth part so much . Six Persons who had been illegally imprisoned , were forced to give the Officers 117 l. whenas upon Computation , they found that here in England their Fees would not have amounted to 10 l. in all . And yet these things ( tho bad enough ) are but a very small part of the Misery which that poor People have been groaning under , since they have been governed by a Dispotick and Absolute Power . For , their new Masters tell them , that their Charter being gone , their Title to their Lands and Estates is gone therewith , and that All is the Kings ; and that They represent the King ; and that therefore all Persons must take Patents from them , and give what they see meet to impose , that so they may enjoy the Houses which their own Hands have built , and the Lands , which at vast Charges in subduing a Wilderness , they have for many Years had a rightful possession of , as ever any People in the World had or can have : Accordingly the Governor ordered the Lands belonging to some in Charles-Town to be measured out , & given to his Creatures , and Writs of Intrusion to be issued out against others : And the Commons belonging to several Towns have been given to some of the Governours Council , who begged them , to the impoverishing , if not utter ruining of whole Townships . And when an Island belonging to the Town of Plimouth was petitioned away from them by one Nathaniel Clark ( whom Sir Edmond Andross made his Property ) because the Agents of the said Town obtained a voluntary Subscription to maintain their Title at Law , they were compelled to come not only out of their own Country , but Colony , to Boston , to answer there as Cri●inals at the next Assizes , and bound to their good Behaviour : The Officers in the mean time extorting 3 l. per Man for Fees. These were the miserable Effects of New-England's being deprived of their Charters , and with them of their English Liberties : They have not been altogether negligent , as to endeavours to obtain some relief in their sorrowful Bondage ; for several Gentlemen desired Increase Mather , the Rector of the Colledge at Cambridge in New-England , to undertake a Voyage for England , to see what might be done for his distressed Country , which Motion he complied with ▪ and in Iune the 1 st 1688 , he had the favour to wait on the King , and privately to acquaint him with the enslaved and perishing E●tate of his Subjects in New-England . The King was very gracious and kind in his Expressions ; then , and often after promising to give them ease as to their Complaints and Fears : Amongst other things the said Mather caused a Petition from the Town of Cambridge in New-England to be humbly presented to His M●jes●y ; which because it doth express the Deplorable Condition of tha● People , it shall be here inserted . To the King 's Most Excellent Majesty . The Petition and Address of John Gibson , aged about 87 , and George Willow , aged about 86 Years ; as also on the behalf of their Neighbours the Inhabitants of Cambridge in New-England . In most humble wise sheweth , THat Your Majesty's good Subjects , with much hard Labour and great Disbursements , have subdued a Wilderness , built our Houses , and planted Orchards , being incouraged by our indubitable Right to the Soil by the Royal Charter granted unto the First Planters , together with our Purchase of the Natives ; as also by sundry Letters and Declarations sent to the late Governour and Company , from His late Majesty Your Royal Brother , assuring us of the full enjoyment of our Properties and Possessions , as is more especially contained in the Declaration sent when the Quo Warranto was issued out against our Charter . But we are necessitated to make this our Moan and Complaint to Your Excellent Majesty , for that our Title is now questioned to our Lands , by us quietly possessed for near sixty Years , and without which we cannot subsist . Our humble Address to our Governour Sir Edmond Andross , shewing our just Title , long and peaceable possession , together with our Claim of the benefit of Your Majesty's Letters and Declarations , assuring all Your good Subjects , that they shall not be molested in their Properties and Possessions , not availing . Royal Sir , We are a poor People , and have no way to procure Money to defend our Cause in the Law ; nor know we of Friends at Court , and therefore unto Your Royal Majesty , as the publick Father of all your Subjects , do we make this our humble Address for ●elief , beseeching Your Majesty graciously to pass Your Royal Act for the Confirmation of Your Majesty's Subjects , here in our Po●sessions to us derived from our late Governour and Company of this Your Majesty's Colony : We now humbly cast our selves , and distressed Condition of our Wives and Children , at Your Majesty's Feet , and conclude with the saying of Queen Esther , If we Perish , we Perish . Thus that Petition . Besides this , Mr. Inc. Mather , with two New-England Gentlemen , presented a Petition and humble Proposals to the King , wherein they prayed that the Right which they had in their Estates before the Government was changed , might be confirmed ; And that no Laws might be made , or Moneys raised , without an Assembly , with sundry other particulars ; which the King referred to a Committee for Foreign Plantations , who ordered them into the Hands of the Attorney-General to make his Report . The Clerk , William Blathwait sent to the Attorney-General a Copy , wherein the Essential Proposal of an Assembly was wholly left out . And being spoke to about it , he said the Earl of Sunderland blotted out that with his own Hand ; likewise a Soliciter in this Cause related that the said Earl of Sunderland affirmed to him , that it was by his Advice that the King had given a Commission to Sir Edmond Andross to raise Moneys without an Assembly , and that he knew the King would never consent to an Alteration , nor would he propose it to His Majesty . When of late all Charters were restored to England , it was highly rational for New-England to expect the like ; for if it be an illegal and unjust thing to deprive good Subjects here of their Antient Rights and Liberties , it cannot be consistent with Justice and Equity to deal so with those that are afar off ; Applications therefore were made to the King , and to some Ministers of State. It was urged , that if a Foreign Prince or State should , during the present Troubles , send a Frigate to New-England , and promise to protect them , as under their former Government , it would be an unconquerable temptation ; yet no Restoration of Charters would be granted to New-England , which has opened the Eyes of some thinking Men. Thus hath New-England been dealt with : This hath been , and still is the bleeding state of that Country . They cannot but hope that England will send them speedy Relief ; especially considering that through the ill Conduct of their present Rulers , the French Indians are ( as the last Vessels from thence inform ) beginning their cruel Butcheries amongst the English in those parts ; And many have fears that there is a design to deliver that Country into the Hands of the French King , except his Highness the Prince of Orange , whom a Divine Hand has raised up to deliver the O●pressed , shall happily and speedily prevent it . FINIS . A SEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. Proposals humbly offered in behalf of the Princess of Orange . II. The Heads of an Expedient proposed by the Court-Party to the Parliament at Oxford , in lieu of the Bill for Excluding the Duke of York . III. An Account of the Irregular Actions of the Papists in the Raign of King Iames the Second , with a Method proposed to rid the the Nation of them . IV. The Present Convention a Parliament . V. A Letter to a Member of the Convention . VI. An Answer to the Author of the Letter to a Member of the Convention . Licensed and Entred according to Order . London printed , and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row , 1689. Proposals humbly offered in behalf of the Princess of Orange , Jan. 28. IT is a Maxim of the Law of England concerning the Government , That there is no Interregnum . Of necessity there must be a Change in the Person , yet there is a Continuation of the Government . Which shews the Prudence and Perfection of the Constitution , in preventing that , which of all things is most Deplorable , a Failure of Government . This Rule is therefore of that Importance , as not to be given up upon the trivial Saying of Nemo est haeres viventis . 'T is true , the common and ordinary cause of a Change in the Person that is invested with the Royal Authority , is Death . But we are now in a rare and extraordinary Case , where the King is living , and yet may be said to be divested of the Royal Office , as having by his Encroachments upon the Peoples Rights , provoked them to resort to Arms ; and being vanquished by that Force , followed with a total Defection from him , and his Relinqui●hing the Kingdom thereupon , without providing any ways for the Administration of the Government . This seems to be a Cesser of this Government , and may in Civil and Politick Construction amount to as much as if he had died . But because this is a Cess of that nature that requires a Judgment to be made upon it , it seems necessary to have a Convention of the Estates of the Nation , to make a Declaration thereupon ( for 't is not for private Persons to determine in the Cases aforesaid , how or when the King has lost his Government ) and till such Authoritative Declaration made , the King may be supposed in some kind of possession of the Kingly Office. B●t after the Judgment made and declared , there seems to be no d●fference in the consequence and result of the thing , between such an extraordinary case of the Cesser of the Royal Dignity , and the case of Death or voluntary Resignation ; or as if the King had been prosest , and made himself a Recluse in a Religious House . Then it must devolve upon the next Heir , her Royal Highness the Princess of Orange . As to the pretended Prince of Wales , if there had been no Suspicions as to his Birth , ( as there are many violent ones ) yet his being conveyed into unknown Places , by Persons in whom no credit can be reposed , and at an Age which exposes him to all manner of Practices and Impostures , touching his Person ; then can there hereafter be no manner of Certainty of him , so as to induce the Nation ever to consider any Pretence of that kind . These things being considered ; First , Whether will not the declaring her Royal Highness Queen of England , as next in Succession , be the surest and be●t Foundation to begin our Settlement upon ; rather than upon a groundless Conceit of the Government being devolved to the People , and so they to proceed to Elect a King ? Secondly , If that Conceit of devolving to the People be admitted , Whether must we not conclude , that the Misgovernment of King Iames the Second , hath not only determin'd his Roylaty , but put a period to the Monarchy it self ? And then 't is not only a loss as to his Person , but to the whole Royal Family . Thirdly , Whether those Persons that have started this Notion , upon pretence of giving the Nation an opportunity of gratifying his Highness the Prince of Orange , in proportion to his Merits ( which it must be acknowledged no Reward can exceed ) if they were searched to the bottom , did not do it rather to undermine this Ancient and Hereditary Monarchy , and to give an Advantage to their Republican Principles , than out of any Affection and Gratitude to his Highness ? For if the latter was that they had t●e chief respect to , would it not be the more proper way to declare her Royal Highness Queen , which will immediately put the Nation under a regular Constitution and posture of Government ? Then it will be capable of expressing its Gratitude to the Prince of Orange , in matters touching even the Royal Dignity it self , without making such a Stroke upon the Government , as the Electing of a King , or making any other immediate Alteration in the right of the Monarchy ( before the Parliament is compleated and constituted in all its parts ) must amount unto . The Heads of the EXPEDIENT proposed by the Court-party to the Parliament at Oxford , in lieu of the Bill for excluding the Duke of York . I. THAT the Duke of York be banish'd during his Life , five hundred Miles from England , Scotland and Ireland , and the Dominions and Territories to them belonging . II. That the whole Government , both Ecclesiastical and Civil , shall upon the demise of the King , be vested in a Regent , for such time as the Duke of York shall survive . III. That the Regent be the Princess of Orange , and in case of her Decease without Issue , or with Issue in Minority , then the Lady Ann. IV. That if the Duke have a Son educated a Protestant , then the said Princesses respectively shall succeed in the Regency , during the Minority of such Son , and no longer . Which obviates an incurable Absurdity in the former Bill of Exclusion . V. That the Regent nominate the Privy-Council , and they to be , or not to be approved in Parliament , as shall be judged safest upon directing the drawing up of this intended Act. VI. That notwithstanding these Kingdoms ( out of respect to the Royal Family , and Monarchy it self ) may be governed by the said Regent , in the Name ●nd Stile of Iames the Second , &c. yet it shall by this intended Act be made Capital for any to take up Arms on his behalf , or by a Commission not signed by the said Regent , or not granted by lawful Authority , derived from and under such Regent ; or to maintain an Opinion , that the retaining the said Name and Stile , shall in this case purge the disabilities imposed by this Act , or elude the force thereof . VII . That Commissioners be forthwith sent to the Prince and Princess of Orange , to take their Oaths that they will take upon them the execution of this Act , and that their Oaths be here recorded . VIII . That all Officers , Civil and Military , forthwith take Oaths to observe this Act , and so all others from time to time , as in the Act for the Test. IX . That his Majesty would graciously declare to call a Parliament in Scotland , in order to the passing the like Act there , and recommend the same ; and the like to be done in Ireland if thought necessary . X. That in case the said Duke shall come into any of these Kingdoms , then he shall be ipso facto , totally excluded , and shall suffer as in the former Bill , and the Sovereignty shall be forthwith intirely vested in the Regent , upon such his coming into any of these Kingdoms . XI . That all considerable Papists be banish'd by Name . XII . That their fraudulent Conveyances be defeated . XIII . That their Children be educated in the Protestant Religion . By these means these three Kingdoms will be united in defence of the Protestant Religion , his Majesty's Person and Government , and a sure Foundation laid of an effectual League with Holland , and consequently with the rest of Christendom , in opposition to the growing Greatness of France . ☞ 'T was thought fit to reprint this Expedient , that the Reader may compare it with the Bill of Exclusion , ( which may be seen at large in the Debates of the House of Commons , lately published ) and judg which was the greatest Evil of the two , viz. that which would have set the Duke aside , and given him liberty to live where he pleased , or that which would have strip'd him of all Power , and banish'd him 500 Miles off , and left him only the Name of a King. An Excellent Expedient indeed ! An Account of the irregular Actions of the Papists in the Reign of King James the Second : With a Method proposed how to rid the Nation of them . By a Person of Quality . THE dreadful Revolutions , Plots and Conspiracies , which have been promoted by the Roman Catholicks in England since the Resormation , are of that nature , and have caused such fearful Convulsions in our Church and State , that it is a great Argument of the Goodness and Providence of God , that we have been able to bear so many Shocks , and to avoid so many deep Designs as have now twice within the memory of Man brought us to the brinks of Ruin. We must be very impious or very stupid if our last Deliverance has not been able to make us adore the boundless Goodness of God towards us his sinful and unthankful Servants ; he , having defeated the Hopes , and totally overthrown the Contrivances of that restless , implacable , persidious Faction , when they seemed to be in such a Condition that they need fear nothing , but the Almighty Power of God , miraculously exerting it self , as in the case of Sennacherib , which they neither feared nor suspected . The Non-resisting Doctrine had so ty'd the hands of the Church of England Men , that they thought they might saf●ly in●●l over us , and ridicule the Bond that bound us to our good Behavi●ur . The Dissenters were , as they thought , so obliged by the Liberty of Conscience , and the fulsom Applications they had made to them in many ill writ pieces , and by the Favours ●e●●owed on Pen and Lob , the two Patriarchs , as they would have been thought of that Party : That they not only suspected no oppositions from them , but really conceived they would have been more than Scaffolds in the ruining Design they had then on foot . The Gentry were reduced to the utmost degree of Contempt , and the Nobility , who only were capable of putting a stop to such notorious and impolitick Encroachments on our Birth-rights and Liberties , were not only closeted , examin'd , re-examin'd , turn'd out of their Stations , brow-beaten , ridicul'd at Court , and in short , driven into the Country ; but they were also by all the Arts that were possible rendred odious to the Crown , contemptible to one another , and of no use to their Inferiours . The Army , which was the next great Engine to bring about their Design , was managed with more Art than is commonly considered ; for first there was a Party of Roman Catholicks mixed with the Common Souldiers , to be as it were Spies and Tempters , to creep into all the places of their resort , to observe their Words , Looks and Actions , and to take the opportunity of all their Needs , Crimes , Vices and Follies , to pervert them , and draw them over to the Church of Rome ; and in the mean time to secure them from contriving any thing that might interrupt their Projects upon us . Secondly , They punished all who deserted the Service with the utmost Rigour and Severity to keep up ●h●ir numbers . And thirdly , They sent them to quarter in those places that had in any degree refused to comply with their Wills , and not only suffered , but encouraged them to outrage , and sometimes to murder their Hosts ; but to be sure in all places they very much impoverish'd those that entertain'd them , and in the Interim they kept all in awe and quiet , whilst the State-Mountebanks practised upon their Lives , Consciences , Liberties and Properties . A People thus harassed and beset , one would have thought had been consigned to Ruin and Destruction ; for where could our Deliverance begin ? The Parliament , which is our last resort , was at the same time practised on with all the Art and Address that the Wi● of Men or D●vils could invent ; and he must be of a deep Reach , or a Sanguine Complexion , who in the beginning of September last could hope to see a ●ree and a quiet Parliament meet and sit one Month , to represent with any degree of Liberty , our deplorable State and Condition , much less to redress any of our Grievances . We had one Hope , which if they had left us still , we had certainly been as quiet and pati●nt as Iob himself , and that was , that the Princess Mary of Orange would , when God thought fit , succeed his Majesty , and then we promis'd our selves a Day of Redemption from all our Calamities and Oppressions ; so that our Posterity would at worst see better days . To deprive us of this remote Comfort , that Scene was laid , and the Lady of Loretto sollicited to procure a Prince of Wales to reduce us to an utter Desperation of any Redress for ever . And now they thought they were so secure of the Day , that they might attack the Heretical Bishops , and the whole body of our Clergy at once , and make them eat their own Dung in the Faces of their respective Congregations ; if they had comply'd , the whole Nation would have abhorred them , as a parcel of Cowards ; if they did not , the Ecclesiastical Commission was to have mowed them down by whole sale ; and when the People had been once deprived of their faithful and learned Shepherds , the Wolves in Sheeps-clothing hoped to have had much better Success than hitherto : but the Bishops interposing so , united the inferior Clergy , that this Design proved abortive , and the declaring the Bishops Petition a Seditious Libel , and so much the more dangerous because penn'd with great Modesty and Humility , so far opened the Eyes of all Men , that the most Ignorant saw nothing less than the Extirpation of the Protestant Religion was aim'd at . The Army however , which was the great Wheel in this most dreadful Machine , was for the most part Protestant , and had express'd so much Joy at the acquittal of the Bishops , in the Camp at Hownslow-Heath ; that they clearly saw , till it was new-modell'd , it could n●t b● relied on ; and therefore the French and Irish were to be invited over , and the Companies changed by degrees : and when six of the O●ficers at Portsmouth had with the greatest Humility imaginable , only desired leave to fill up their Companies with such Men of this N●tion as they judged most serviceable to the King , or otherwise that th●y might be permitted , with all imaginable Duty and Respect , to lay ●own their Commissions ; for this Offence they were brought up Prisoners to London , and it was given out they should be hanged , as perhaps they had been , if Monsieur de Avaux's Memorial given in at the Hague , had not come in that very Post to enlighten our little Statesmen , and shew them their approaching Danger , and yet after all , the 10 th of September last they were cashier'd at Windsor . And when the Storm from Holland seemed unavoidable , with what Insolence did they treat the Eleven Proposals made by the Bishops , and the Petition presented the 17 th of November last , by the Bishops and Peers about the Town ? So that till the Army began to go over to the Prince of Orange , and the greatest part of the Nation had declared for him : No Parliament was to be thought of , and the Dispensing Power was the most Sacred of all the Prerogatives of the Crown . That we may not imagine all this was undertaken , and entred upon without good Consideration of the Difficulties the Roman Catholicks were to met with , I would desire the Reader to peruse a small Piece by them published in the Year 1685 , during the first Session of Parliament of Iames the Second , stil'd , Salus Britannica , or the Safety of the Protestant Religion , against all the present Apprehensions of Popery , in Folio . The Design of which , as the Author himself tells us , is to examine what National Operation or Influence a Real Popish Crown'd Head can have over the Lives , Liberties , or Estates of English-men as now enjoyed , and the Religion of the Kingdom , as at present Establish'd , and by confuting even the most substantial of their imagined Dangers , to dissipate those false fears of Popery , &c. page 1. And in truth I believe no Man can deny but he has very effectually proved , that it is utterly impossible for a Popish Prince , who has none but these Three Kingdoms , to set up Popery in this Nation , and that all he can gain by the Attempt , will be the Ruine of himself . And certainly they could not but apprehend this might possibly , if not probably , be the Event ; yet after all , King and Kingdom was at last to be sacrificed to the holy See of Rome ; and on they went when they had proved it impossible to succeed . I need be the less exact in setting down what they have done , it being within the space of four Years last past , that they have had the management of Affairs , and so all things are as fresh in all Mens Memories , as if they had been acted but yesterday : I think then , that I may from these Premises safely conclude , that a more daring , restless and implacable Faction never appeared under the Sun than this is ; And that it is the Interest of every true English Protestant , of what Perswasion soever he be , to do his utmost to free this miserable Nation from the Danger and Fear too ( if it be possible ) of ever feeling again the dire Effects of Popish Zeal , or rather Fury . Our wise Ancestors , for above these three hundred Years , have been labouring to restrain this Demon●ick , by Laws , Oaths and Tests ; and when all the Methods of Severity fail'd , we have tried the Charms of Kindness , Trust , Friendship and Reliance : We set up a Prince of their Communion , and opposed all those that would have Excluded him , with a Zeal which made us look a little too much in love with one who seem'd designed to be our Scourge by Heaven it self . When he had declared his Religion , and some of his Party , amongst whom Nevel Paine was one , had given us clear Indications of their Rage against us ; yet we in Parliament , not only attainted , and thereby ruin'd the late Duke of Monmouth and his Party , but when some Gentlemen propos'd to have the Security of the Protestant Religion taken into Consideration , the House declared they would intirely rely upon his Majesty's Promise for the Security of their Religion , which they valued more than their Lives . And before this , when Charles the Second , the 30 th of April 1679 , to avoid the Exclusion-Bill , propos'd very advantageous Restrictions of the Authority of a Roman Catholick Prince , the Church-of-England-men rejected them , for fear they should too much weaken and expose the Regal Authority , not to mention the Favours shewn to all the whole Roman Catholick Party , during the fierce Prosecution of the Popish Plot in that Prince's Reign : Well , what could have been done more than was , to oblige Men or Christians to treat us like Friends , when they had an opportunity to express their Gratitude ? No , stay you there Gentlemen , we Roman Catholicks have but one Friend in this World , and if you are not for him too , stand off ; expect nothing from us but Ruin and Desolation . Will you Repeal the Penal Laws and the Tests ? Why I cannot betray my Religion : Then make room for one that will , Turn out , Ite Procul , Ite Profani . And we all know what follow'd , and I suppose no body in this Generation will have so little wit as to pretend any more to oblige a Roman Catholick by any of these things . Well , will Oaths bind them ? No , they have a Pope , and a Maxim that will frustrate that Ligament , when ever it is for their convenience to be free . And of this we have seen and felt too much already . Will Laws ? If you catch and hang the Priest , the Traitor , the Cut-throat , he is made a Martyr , his Crime 's deny'd , palliated , excus'd , or it may be justified and defended as occasion serves , and yet after all , they shall have the Satisfaction of clamouring against you for a persecuting Church , and a bloody Nation . Well , what is to be done ? Why , for my part , I can see but one possible Method to quiet the Nation , and that is once for all to clear it of these Monsters , and force them to transplant themselves , not out of the English Dominions , but out of this Island : As long as they continue amongst us , they neither can nor will be quiet ; Priests they must and will have , and that Ferment will suffer nothing near it to be at rest . The remembrance of what is past will irritate the Minds of Men , and make them jealous of future Evils , so that no care of the wisest and best Governours can long keep the Nation in Tranquillity and Peace , if these Men-catchers are suffered to nestle amongst us . But then I would have this extended only to England and Scotland , because Ireland would be laid desolate by such an Expedient , and if the English Nation , which has not above 40000 Roman Catholicks , were once cleared , it would very easily suppress and revenge any Attempt could be made in that Kingdom . Besides this , all Feme Coverts , all Persons above sixty or fifty years of Age , all Day-labourers and Handy-crafts-men might be excepted ; these can maintain no Priests , nor much imbroil the Peace of the Nation , or at least for no long time ; but then all the Nobility , Gentry , Merchants and rich Tradesmen of that Religion , I think ought to be sent packing , and for the future a Law be made to disfranchise them , and make them incapable of possessing , purchasing , inheriting or transmitting any Lands , Tenements , or Hereditaments , to the value of forty Shillings per Annum , or upwards . To make this the more easy , yet it were fitting that every individual Person should be asked whether he had rather leave Country , or his Religion ? and all that would promise the latter upon Oath , to be excused , but so as to forfeit their Estates if they relapsed after the Oath so taken , or brought up their Children in that Religion . Secondly , To allow all that would transplant themselves the full value of their Estates , both Real and Personal , their Debts being first paid and deducted . This would enable them to live in as great or a greater Equipage and Grandeur in our Plantations , as they ever had here in England ; and if they removed into Germany or France , Italy or Spain , their Estates would make their Lives easy , and their Banishment honourable . The World is wide , and if I were one of them I should never stay for an Act of Parliament , but would certainly sell what I had and be gone , that I might enjoy my Religion and my Estate in a warmer Climate . But , alas , they love their Country too dearly to leave it : what is it in England they love ? The Civil Liberties they had brought to the utmost limits of Destruction : The Religion of England they hate above all other ; the Earth is not more Fruitful , and the Air is much colder than that of other Countries , and I am confident the English Humour is so far exasperated against Popery , that half a hundred Years will not allay the Fever the last four Years have raised in the English Blood against Popery ; so that they have nothing to attach them to England , but the sullen hopes of being a Plague and a Terror to us . But it will be said , The transporting so much Wealth out of the Nation will too much impoverish us : This ought well to be considered , and a true Estimate made both of the Estates and Debts of the Roman Catholicks , and of the Methods of returning their Effects beyond the Seas , and then perhaps it would rather increase our Trade than abate our Wealth . And as for the weakning us by the taking off so many of our People , this I am sure is a meer Chimera , two or three thousand Persons would be the utmost that we should lose : And those who bought their Estates would be better Subjects and Neighbours than ever they will be as long as they continue Roman Catholicks . It is not to be imagin'd , that all or any considerable Part of this Wealth will be transported in English Mony in specie , but in Merchandise , Bills of Exchange , &c. So that I am confident we have more sent away to the Iesuits Colledg beyond the Seas in seven Years , than would be carried out in specie on such an occasion ; and hereby we should at once rid our selves of one of the greatest Plagues that any Nation ever struggled so long with . Nor would it be only Profitable but Iust. They have given us the greatest Provocation that ever was given by Men , to Men. Did ever 40000 Men in any other part of the World ever before endeavour to do what they themselves had proved to be impossible ? Did ever such an handful of Men before , by Fraud and Violence , design to enslave a Free , to impoverish a Rich , to subdue a Valiant and Generous Nation ? What could they mean by the Force they in Print , and in common Discourse intimated , that was , to compel us to give up our Laws , if fair Means would not do , but a Massacre , or a French Invasion ? Let them consider how they have treated thofe of our Religion in France and Piedmont ; and then tell me , and all the World , if we have treated them in the same manner , when we have sent them away with all they can justly call their own , only that we might not be forced to ruin them by a flower Prosecution . The Facility is equal to the Justice of this Method ; they are few in number , hated by all the rest of the Nation ; and besides all their former Misdemeanours , have , by the late Attempts upon the Religion and Liberties of England , so far encreased the Aversion of all degrees of Men amongst us , that they will find very few to pity them , and not many to speak for them . The only Objections I can foresee , are , first , That it will impoverish England to suffer them to carry away their Estates , and look too like Popish Cruelty , to turn them out despoiled of what they have , or of a great part of their Fortunes . Now this Objection must be considered in Parliament , because no one Man can make any thing near a true Estimate what the value will be , their Debts being deducted , till a true Account is given of their Estates and Debts , and then I verily believe it will be found much less than it seems at first . The second Objection is , That it will weaken us and strengthen our Enemies , to lose so many of our People . To this , I say , it is apparently otherwise ; For if those Estates were in the Hands of Protestants , they would much more contribute to the Union and Strength of England , than the Persons of these Roman Catholicks do , of whom we can make little or no use in Civil or Military Affairs , at Home or Abroad , in Peace or War. And if they were added to any other Country , the Peace and Union they would leave us in , would infinitely over-ballance the loss of their Persons , and , as I believe , of their Estates too . But now , on the contrary , if they be continued still amongst us , we must still struggle with all those Inconveniences , which have necessitated our Ancestors to make so many Laws against them , and the Severities which must be used to keep them under , will , by degrees , when the Memory of the late Transactions is worn off , beget compassion , and that will grow greater , as they grow fewer and less dangerous , and yet at last one single Iesuit may destroy the best of our Princes , and two or three Gentlemen of Estate , may disquiet and enjealous a whole County ; and when all is done , no hopes is left that any las●ing Peace can be made with them ; so that as long as there is any of that Religion in England , there is a Ferment in the Veins of the Nation , which will cause dreadful Paroxims . Their Emissaries will also sow Dissentions between us and the Dissenters , and exasperate the Parties against each other ; so that the good Correspendence which is now between us and them , will , in short time , be turn'd into Hatred on both sides , if all the Care imaginable be not taken on both Sides of these Incendiaries , which will never be wanting whilst we have a Popis● Nobility and Gentry , how small soever it is in Number . The Seminaries at St. Omers , Doway , &c. are kept up by the Nobility and Gentry of that Communion , and tend very much to the imbroiling and weakning England , and the advancing the Interest of France ; but would soon●d windle away if they had no Supplies from England , as they could have little if we had no Popish Nobility or Gentry , and the Lands of England were only in the Hands of Protestants . The retiring of His late Majesty into France , is another strong Inducement : as long as He or the Child is living , they will have a pretence to Plot and cut Throats , and they will have some to pity , and others to applaud them ; so that if there were no other Reason , this alone were sufficient to determine the Question , unless we are resolved to shew our selves as careless of a Protestant Prince , as we have been over-fond of a Roman Catholick , which will be an ill Recompence for our Deliverance . The Present CONVENTION , A PARLIAMENT . I. THat the Formality of the King 's Writ of Summons is not so essential to an English Parliament , but that the Peers of the Realm , and the Commons , by their Representatives duly elected , may legally act as the great Council and representative Body of the Nation , though not summon'd by the the King , especially when the Circumstances of the time are such , that such Summons cannot be had , will ( I hope ) appear by these following Observations . First , The Saxon Government was transplanted hither out of Germany where the meeting of the Saxons in such Assemblies was at certain fixed times ; viz. at the new and full Moon . But after their Transmigration hither , Religion changing , other things changed with it ; and the times for their publick Assemblies , in Conformity to the great Solemnities celebrated by Christians , came to be changed to the Feasts of Easter , Pentecost , and the Nativity . The lower we come down in Story , the seldomer we find these general Assemblies to have been held ; and sometimes ( even very anciently ) when upon extraordinary Occasions , they met out of Course , a Precept , an Edict , or Sanction is mentioned to have issued from the King ; But the times , and the very place of their ordinary Meeting having been certain , and determined in the very first and eldest times that we meet with any mention of such Assemblies , which times are as ancient as any Memory of the Nation it self ; hence I infer , that no Summons from the King can be thought to have been necessary in those Days , because it was altogether needless . Secondly , The Succession to the Crown did not in those Days , nor till of late Years , run in a course of lineal Succession by right of Inheritance : But upon the Death of a Prince , those Persons of the Realm that composed the then Parliament , assembled in order to the choosing of another . That the Kingdom was then Elective , though one or other of the Royal Blood was always chosen , but the next in lineal Succession very seldom , is evident from the Genealogies of the Saxon Kings , from an old Law made at Calchuyth , appointing how , and by whom Kings shall be chosen ; and from many express and particular Accounts given by our old Historians , of such Assemblies held for electing of Kings . Now such Assemblies could not be summon'd by any King ; and yet in Conjunction with the King that themselves set up , they made Laws , binding the King and all the Realm . Thirdly , After the Death of King William Rufus , Robert , his elder Brother , being then in the Holy Land , Henry , the youngest Son of King William the first , procur'd an Assembly of the Clergy and People of England , to whom he made large Promises of his good Government , in case they would accept of him for their King ; and they agreeing , that if he would restore to them the Laws of King Edward the Confessor , then they would consent to make him their King : He swore that he would do so , and also free them from some Oppressions , which the Nation had groan'd under in his Brothers and his Fathers time . Hereupon they chose him King , and the Bishop of London , and the Archbishop of York set the Crown upon his Head ; which being done , a Confirmation of the English Liberties pass'd the Royal Assent in that Assembly , the same in Substance , though not so large as King Iohn's , and King Henry the thirds Magna Charta's afterwards were . Fourthly , After that King's Death , in such another Parliament , King Stephen was elected , and Mawd the Express put by , though not without some Stain of Perfidiousness upon all those , and Stephen himself especially , who had sworn in her Father's Life-time , to acknowledg her for their Sovereign after his Decease . Fifthly , In King Richard the firsts time , the King being absent in the Holy Land , and the Bishop of Ely then his Chancellor , being Regent of the Kingdom in his Absence , whose Government was intolerable to the People for his Insolence and manifold Oppressions , a Parliament was convened at London , at the Instance of Earl Iohn , the King's Brother , to treat of the great and weighty Affairs of the King and Kingdom ; in which Parliament this same Regent was depos'd from his Government , and another set up , viz. the Arch-Bishop of Roan in his stead . This Assembly was not conven'd by the King , who was then in Palestine , nor by any Authority deriv'd from him , for then the Regent and Chancellor must have call'd them together ; but they met , as the Historian says expresly , at the Instance of Earl Iohn . And yet , in the Kings Absence , they took upon them to settle the publick Affairs of the Nation without him . Sixthly , When King Henry the 3 d. died , his eldest Son , Prince Edward , was then in the Holy Land , and came not home till within the third Year of his Reign ; yet , immediately upon the Father's Death , all the Prelates and Nobles , and four Knights for every Shire , and four Burgesses for every Borough , assembled together in a great Council , and setled the Government till the King should return ; made a new Seal , and a Chancellor , &c. I infer from what has been said , that Writs of Summons are not so essential to the being of Parliaments , but that the People of England , especially at a time when they cannot be had , may by Law , and according to our old Constitution , assemble together in a Parliamentary way without them , to treat of and settle the publick Affairs of the Nation . And that if such Assemblies so conven'd , find the Throne vacant , they may proceed not only to set up a Prince , but with the Assent and Concurrence of such Prince , to transact all publick Business whatsoever , without a new Election ; they having as great Authority as the People of England can delegate to their Representative . II. The Acts of Parliaments not formal nor legal in all their Circumstances , are yet binding to the Nation so long as they continue in force , and not liable to be questioned as to the Validity of them , but in subsequent Parliaments . First , The two Spencers , Temp. Edvardi Secundi , were banished by Act of Parliament , and that Act of Parliament repealed by Dures & Force ; yet was the Act of Repeal a good Law , till it was annull'd 1 Ed. 3. Secondly , Some Statutes of 11 Rich. 2. and Attainders thereupon were repealed in a Parliament held Anno 21. of that King , which Parliament was procur'd by forc'd Elections ; and yet the Repeal stood good , till such time as in 1 Henry 4. the Statutes of 11 Rich. 2. were revived and appointed to be firmly held and kept . Thirdly , The Parliament of 1 Hen. 4. consisted of the same Knights , Citizens and Burgesses that had served in the then last dissolved Parliament , and those Persons were by the King's Writs to the Sheriffs commanded to be returned ; and yet they passed Acts , and their Acts tho never confirmed , continue to be Laws at this Day . Fourthly , Queen Mary's Parliament that restored the Pope's Supremacy , was notoriously known to be pack'd , insomuch that it was debated in Queen Elizabeth's time , whether or no to declare all their Acts void by Act of Parliament . That course was then upon some prudential Considerations declined ; and therefore the Acts of that Parliament , not since repealed , continue binding Laws to this Day . The Reason of all this , is , Because no inferior Courts have Authority to judg of the Validity or Invalidity of the Acts of such Assemblies , as have but so much as a Colour of Parliamentary Authority . The Acts of such Assemblies being entred upon the Parliament-Roll , and certified before the Judges of Westminster-Hall , as Acts of Parliament , are conclusive and binding to them ; because Parliaments are the only Judges of the Imperfections , Invalidities , Ille●●lities , &c. of one another . The Parliament that call'd in King Charles the second , was not assembled by the King 's Writ , and yet they made Acts , and the Royal Assent was had to them ; many of which indeed were afterwards confirmed , but not all , and those that had no Confirmation , are undoubted Acts of Parliament without it , and have ever since obtained as such . Hence I infer that the present Convention , may , if they please , assume to themselves a Parliamentary Power , and in Conjunction with such King or Queen as they shall declare , may give Laws to the Kingdom as a legal Parliament . A LETTER to a Member of the CONVENTION . SIR , I Hear you are elected a Member of this next Convention , and therefore expect to see you very suddenly in Town ; but I ca● tell you my mind more freely in Writing , and you may think better of it when you see it before you ; and therefore I have rather chose to give you the trouble of this Paper , than to leave all to a personal Conference at our next Meeting . I will not dispu●e with you about what is past , or what is to come ; it is too late to do the first , and as for the second , whatever becomes of other Arguments , Interest is most apt to prevail , and therefore all that I beg of you , is to take care that you do not mistake your own and the Nations Interest in a matter of such high Concernment . There is no less Affair before you than the Fate of Princes , and of three Kingdoms , which requires the most calm , mature , and deliberate Advice ; and yet when you come to London , you will find such Distractions and Divisions in Mens Counsels , that all the threatning Dangers of Popery were not a more formidable prospect to Considering Men , all old Animosities are revived , and new ones fomented every day ; some are visibly acted by Ambition , others by Revenge ; the Dissenter is very busie to undermine the Church , and the Commonwealths Man to subvert Monarchy , and the Lord have Mercy upon us all . I doubt not but you will readily confess , that it is the common Interest to have things settled upon such a bottom , as is most like to last , and then , I am sure , you must consult both Law and Conscience in the matter , and keep to your old Establishment as near as you can ; for when there are so many Distempers in Mens Minds , and such contrary Interests , it is no time to innovate , it is no time to lay new Foundations , when there are frequent Earthquakes , which will not give them time to settle : The Revolutions of State have been so quick and sudden of late , that all prudent Men will be cautions how they try Experiments , which are commonly dangerous and uncertain , but especially in matters of Government , which depend on the good liking of free and moral Agents , and when so many Hundred Thousands are to be satisfied , you can never guess at the prevailing Opinion , by the major Vote of a Convention . Let us then consider , what is most likely to give the most general satisfaction to the Nation , for that , I am sure , is most likely to be lasting , and because you may be a Stranger to these Matters yet , I will give you an Account of the different Projects now on foot , as well as I can learn them . Some are for sending to the King , and Treating with him to return to his Government , under such Legal Restraints , as shall give security to the most jealous Persons , for the preservation of their Liberties , Laws , and Religion ; and if he will not consent to this , to make the next Heir Regent . Others are for declaring the Crown forfeited or demised , and proclaiming the Princess of Orange . Others will have the Government dissolved , and begin all de novo , and make the Prince of Orange King , or Crown him and the Princess together , and postpone the Title of the Princess Ann , till after the Prince's Death , if he survive the Princess . I shall not pretend to tell you , which of these I should prefer , were it Res integra ; for the Question is not , which you and I should like best , but which will be the firmest Foundation for the Peace and Settlement of these Kingdoms . 1. As for the first , though it be horribly decried , and such Men foolishly exposed as Friends to Popery and Arbitrary Power ; yet I could never meet with any Man yet , who had the face to reject all Treaty with the King upon any other pretence , but that it was in vain , that it is impossible he should give any Security to the Nation that he would Govern by Law ; which is so ridiculous a pretence , that it will satisfy no Body , but those who are resolved , that he shall never return . For , as little as I am versed in this matter , I could frame such Laws , as should put it utterly out of the King's Power to invade our Liberties or Religion : However , I am sure we should have thought our selves very secure , would the King have called a Free Parliament , and given them liberty to have made what Laws they please● and that which would have given such general satisfaction before , had it been granted , I suspect , should it be now granted , and refused that would give as general dissatisfaction ; nay ▪ the very refusal to Treat , will be thought such a scandalous neglect of our Duty to a Sovereign Prince , and give such Jealousies to People , that those who oppose it , are only afraid that the King should comply , as will be the foundation of universal Discontents , which will shew themselves upon the first occasion . It is certain , would the Convention Treat with the King , either they would agree , or they would not agree ; if they could not agree upon the proposal of reasonable Securities , this would satisfie Multitudes of People that they had tried ; if they did agree , this would give universal satisfaction , and there were an happy end of all our Troubles . But now let us suppose , that part of the Convention should prevail which is against Treating with the King , and for deposing or setting him aside without more ado ; let us consider what is like to be the most probable Consequence of this . I● is certain , this fundamental Change in the Government cannot be made by any Legal Authority ; for the Convention will not pretend to any such Legal Power , and there can be no Parliament without a King ; and a King whose whole Authority depends upon a Convention that has no such Authority , is but in a weak state as to Civil Right : No Man will think himself bound in Conscience to obey him , and when every Mans Conscience is free , let such a Prince beware of Epidemical Discontents . And let you and I calmly consider , what Discontents may probably arise upon such a Juncture . 1. First then , All those who think themselves bound by their Oath of Allegiance to defend the King's Person , Crown and Dignity , who wonder at Men of Law , who talk of a Forfeiture or Demise of the Crown while the King lives , and flies out of his Kingdoms only for the safety of his Person , and because he will not trust himself in the power of his Enemies ; I say , all such Persons will be greatly discontented at Deposing the King , and will never own any other King ▪ while their own King , to whom they have sworn Allegiance lives ▪ and tho you should suppose such Conscientious Men to be very few , yet if these few should happen to be Persons of Character , of known Prudence and Abilities , Integrity and Honesty , in Church or State , their Examples would give a terrible Shock to such a new tottering Government , tho they were never so Tame and Peaceable , void of Faction and Sedition themselves . And y●t l●t me tell you , you must not judge of the Numbers of ●hese Men by the late general defection . The whole Nation , I confess , was very unanimous for the Prince , great numbers of Gentlemen , nay , of the King 's own Soldiers went over to him , very few but Papis●s offered their Service to the King ; but the reason of this was very evident , not that they were willing to part with the King , and set up another in his room , but because they were horribly afraid of P●pery , and very desirous to see the Laws and Religion of the Nation settled upon the old Foundations by a Free Parliament , which was all the Prince declared for ; but many who were Well-wishers to this Design , will not renounce their Allegiance to their King ; and now they see what is like to come of i● , are ashamed of what they have done , and ask God's pardon for it , and are ready to undo it as far as they can . 2. Besides a thousand occasions of Discontent which may happen in such a Change of Government as this , which no Body can possibly foresee , and yet may have very fatal Consequences , there are some very visible occasions for it besides the sense of Loyalty and Conscience . How many Discontents , think you , may arise between the Nobility and Gentry , who attend the new Court ? Every Man will think he has some Merit , and expect some marks of Favour to have his share of Honour , and Power , and Profit , and yet a great many more must miss , than those who speed , and many of those who are Rewarded , may think they han't their Deserts , and be disconternted to see others preferred before them ; and those whose expectations are disappointed , are disobliged too , and that is a dangerous thing when there is another , and a righful King to oblige ; for Duty and Discontent together , to be revenged if a new King , and to be reconciled to an old One , will shake a Throne which has so sandy a Foundation : The like may be said of the Soldiery , who are generally Men of Honour and Resentment , and have the greater and sharper Resentments now , because they are sensible of their mistake when it is too late ; yet as they ought not to have Fought for Popery , nor against the Laws and Liberties of their Country , fo neither ought they to have deserted the defence of the King's Person and Crown , but have brought the Prince to Terms , as well as the King. Thus you easily foresee what a heavy Tax must be laid upon the Nation , to defray the Charge of this Expedition , and I believe the Country would have paid it very chearfully and thankfully , had the Prince res●ored to them their Laws , and Liberties , and Religion , together with their King ▪ but you know Men are apt to complain of every thing , when Money is to be paid , and it may be it will be thought hard to lose their King ▪ and to pay so dea● for it too : And tho what the Convention does is none of the Prince's fault , no more than it was his design , yet angry People don't use to disti●guish so nicely . But there is a greater Difficulty still than all this : There are no Contentions so fierce as those about Religion ; this gave Life and Spirit to the Prince's Design , and had the main stroke in this late Revolution : And though Popery were a hated Religion , yet most Men are as zealous for their own Religion , as they are against Popery . Those of the Church of England are very glad to get rid of Popery , but they will not be contented to part with their Church into the Bargain , for this would be as bad as they could have suffered under Popery . The several Sects of Dissenters are glad to get rid of Popery also ; but now they expect glorious Days for themselves , and what they expect God Almighty knows , for I am confident they don't know themselves . Now consider how difficult it will be , for any Prince , who has but a crazy Title to the immediate possession of the Crown , to adjust this matter so , as neither to disgust the Church of England , nor the Dissenters , and if either of them be disobliged , there is a formidable Party made against them . This being the Case , should the King be deposed , and any other ascend the Throne , it will be necessary for them to keep up a standing Army to quell such Discontents ; for where there are and will be Discontents without any tye of Conscience to restrain Men , there can be no defence but only in Power ; and this will raise and encrease new Discontents ; for it alters the frame of our Constitution , from a Civil to a Military Government , which is one of the great Grievances we have complained of , and I believe English People will not be better pleased with Dutch , or German , or any foreign Souldiers , than they were with their own Country-Men ; and I believe English Souldiers will not be extreamly pleased to see themselves disbanded , or sent into other Countries to hazard their Lives , while their Places are taken up by Foreigners , who live in ease , plenty , and sasety : And when things are come to this pass , which is so likely , that I cannot ●ee how all the Wit of Man can prevent it ; I will suppose but one thing more , which you will say is not unlikely , that the King return with a foreign Force to recover his Kingdoms , how ready will the Men of Conscience , and the Men of Discontent be to join him , nay to invite him Home again ; and if he returns as a Conqueror , you will wish , when it is too late , that you had treated with him , and brought him back upon safe and honourable Terms . Secondly , Let us suppose now , that all this should be over-voted ( for I am sure it can never be answered ) and the Convention should resolve to proclaim the next Heir . 1. You must be sure to examine well who is the next Heir , that is , you must throughly examine the Pretences of the Prince of Wales ; and yet if you have not good Proofs of the Imposture , you had better let it alone . For tho the Nation has had general presumptions of it , yet a Male Heir of the Crown is mightily desired , and People would be very fond of him , if they had one , and seem to expect some better Proofs than meer Presumptions against him ▪ because common Fame has promised a great deal more , and if you should either say nothing to it , or not what is expected , it would be a very plausible pretence for discontented People to quarrel . 2. Suppose the Princess of Orange should a●pear to be the next Heir , what if a Lady of her eminent Vertue should scruple to sit upon her Father's Throne , while he lives ? Or what if she should scruple it hereafter , and place her Father in his Throne again ? This is not impossible ; for Vertue is greater than a Throne . For my part , I think you will put a very hard thing upon so excellent a Lady , and I pray God give her Grace to resist the Temptation . A Regency is more tolerable , because a Nation must be governed , and none so proper to govern it as the next Heir ; but I should think , none who expect to wear a Crown , should countenance Subjects in deposing their King , nor accept of a Crown upon such Terms , as to take it off of a Father's Head : It is a dangerous thing for a Prince who has a Title to the Crown , to own that the Crown may be forfeited or demised by such a withdrawing ; if this be not so , the Princess has no Right to the possession of the Crown yet ; and if it be so , her Crown is worth a great deal less than formerly it was , especially if she own this Secret by accepting the Crown ▪ which her Ancestors always concealed , and which the best Subjects of England would not believe before ; what they may do after this , I know not . Thirdly , The next Design ( I verily believe without the knowledg or thought of the Prince , who has too great a Mind to think of any thing , which in the opinion of any wise Man could stain and fully his Glory ) is to give the Crown to the Prince of Orange , for it must be a Gift , if any thing ; for he has no immediate Title to it , that I know of : This is upon a pretence , that the Government is dissolved , and therefore we must begin de novo , which is very ridiculous , when the King is still alive , and the Laws in as full force as ever , only the Regular Administration of Government at present interrupted by the King's absence ; but this is not the worst of it , for it is a dangerous pretence too , especially to Men of Quality and Es●●tes , as you are ; for if the Government be dissolved , our Laws are dissolved , and Honour and Property dissolved with them , and then I doubt the Mobile will come in for their share in the new Division of the Lands , and set up for Men of as good Quality as any ; for if our Laws are gone , we return to a state of Nature , in which all Men are equal , and all things common ; this I believe you will not be for , for the Reason above-mentioned . If then the Laws continue , the Government is not dissolved , and the Crown is not a Gift , but an Inheritance still , as much as your Estate is ; and then the Prince of Orange cannot have it in his own Right , because his own Princess , and the Princess Anne are before him ; consider then what the consequence of this Project would be . 1. This alters the essential Constitution of the English Government , by changing an Hereditary into an Elective Monarchy , a thing which I know some Men are very fond of ; for then the next occasion they can find to quarrel with their Prince , they may with as much ease turn it into a Common-Wealth ; for when the Crown is at the Peoples disposal , they may if they please keep it to themselves . 2. This will entangle all Men of Conscience in new Difficulties ; for the Oath of Allegiance does not only bind us to the King , but to his Heirs and Successors , which must be understood of the next lineal Heir , where there is no Authority to alter it ; and whatever a Parliament may be thought to have with the Authority and Consent of the King , no Man pretends , that a Convention of the Estates has any Legal Authority to do it . I should be as heartily glad as any Man , to see the Prince of Orange legally seated on the English Throne ; but these are Difficulties I cannot break through . Thus I have given you my hasty Thoughts , and pray God to direct you . I am Yours . POSTSCRIPT . THere is one thing more , I would beg of you , that the Story of French League to cut Protestants Throats in England ma● be w●ll examined ▪ for this did more to drive the King out of the Nation ▪ than the Prince's Army , and if this should prove a Sham , as some , who pretend to know , say it is , it seems at least to be half an Argument to invite the King back again . In short , remember you are a Convention , not a Parliament , and therefore nothing can give Authority to what you do , but the good liking of the People ; and as Necessity only can justify your meeting without the King's Writs , so I hope you will take care to do nothing but what will justify it self to God , the King , and your Country . An ANSWER to the Author of the LETTER to a Member of the CONVENTION . Reverend Sir , YOur Name , your Quality , your Religion , and your Design in Publishing this Letter are wholly unknown to me , but the confident Assertion , pag. 3.6.16 . That you are sure it can never be Answered ; sounds so like a Son , or rather a Father of the Infallible Church , that it has provoked me , if not to answer , yet at least to reflect upon some Passages in this Magisterial Composure . § . 2. Whatever becomes of other Arguments , Interest is most likely to prevail . You , Sir , suppose your Parliament-Man , in these words , to be one who will regard no Arguments from Justice , Reason , Religion , or the Laws of God or Man ; Interest is the only thing which is likely to prevail ; an excellent Complement to a Parliament-Man ; but it goes higher yet , and takes in the Majority of the States , for no one Man shall ever determine these great things . § . 3. You tell him , That All the threatning Dangers of Popery were not a more formidable Prospect to considering Men , than the present Distractions and Division● . Now surely this is a very bold and daring stroke ; but that I am certain these pensive thoughtful Men are not either very numerous , or very considerable ; otherwise , the few of the Church of England that are over-thoughtful in this Point , deserve much Compassion , because they disquiet themselves and others out of pure tenderness of Conscience , and an over-great Loyalty ; but then there is no danger to be apprehended from them ; and they will in time satisfy their own Scruples , and in the interim , I doubt not , infinitely more Men dread the Dangers of Popery , even to this Day , than all the Common-wealth-Men , Dissenters ambitious and revengeful Wretches , which you have so artfully mustered up to fright the Country Esquire with , can over-ballance . Strange it is in the mean time , that the Dangers of Popery , which last October appeared so formidable , should in so short a time vanish , or rather dwindle into nothing : But God , by the Ministry of the Prince of Orange and his Friends , has brought this about . In the rest of that Section I agree with you , and approve of it . The two next Sections being only a representation of the different Parties of Men now upon the Stage , I leave as I find them . § . 6. Though the Opinion of those who are for sending to the King , and treating with him to return to his Government , under such legal Restraints , as shall give security to the most jealous Persons for the preservation of their Laws , Liberties , and Religion i● horribly decryed , &c. yet the only Reason against it is , because it is vain . Now , Sir , that Reason is so very good , that it may perhaps justily that dreadful Consequence you so shrink at ; for though I do not doubt but you are a wonderful Legislator , yet if Twenty wiser Men than you were joined with you to frame these new Laws , yet let but a Popish Prince have the Supreme Executive Power and the Legal Prerogatives , and he will break through all your Restrictions with wonderful Facility , as we have seen by Experience . But then if you leave him the Name , and take away the Power of a King , you set up a Common-wealth immediately , which will not end with your Popish Prince , but there will be stickling to keep all things in the same State in the following Reign , of what Religion soever the Prince is , which was the Reason why the Limitations offered by Charles II. in 1679 , were rejected . [ And let it be remember'd also how well that Prince , that was supposed to be a Protestant , kept his Word , and the Solemn League and Covenant , which he solemnly with Hands and Eyes lifted up to Heaven , swore to observe in Scotland , &c. ] Well , but we would have thought our selves very secure if the King would h●ve called a Free Parliament ; Yes , Sir , if he would have call'd it Freely , so that it had been the production of his Will without Force ; but Sir , it is notorious , he was resolved the Parliament should either not be free , or not meet ; and if your Memory will not serve you to recall the virulent Reflection on the humble Petition presented by the Lords Spiritual and Temporal the 17th of November last , in which the Author tells us , That the summoning a Parliament 〈◊〉 , is so far from being the only way ( to prese●ve His Majesty and the Kingdom ) that it will be one of the principal causes of much Misery to the Kingdom , &c. and nothing would do then ▪ but driving the Prince of Orange out of the Kingdom with Force and Arms. Now I say , Sir , If you cannot remember this , you shall never be trusted to frame Laws , if I can help it . There is another and a better Reason to refuse a Treaty , than the fearing the King should comply . Suppose that he should grant all that you can ask , bating White-Hall , the Reve●●e , the Title of King , and the Right of calling Parliaments , and making Peace and War : What Security have we that he will acquiesce in this low restrained Estate ? Oaths , Laws , and Promises we had before , but what did they signify ? Who shall be Guarantee ? what shall we do if he break out again ? In short quis eustodiet Custodes ▪ So that the many who desire a Treaty , are desired to read the Enquiry into the presen● State of Affairs , that they may not come into the Discipline of the severe Lady , who has taught the Protestants in France and Piedmont a Lesson which England too must have gone through with , if God and H. W. P. O. had not saved us . But if the Convention should refuse to treat , and Depose the King , it would act without a Legal Power , § . 8. Why Sir , here is no occasion to talk of a Deposition , the King is gone of his own accord freely ; and they are only to consider whether we shall perish in a State of Anarchy , re●al him , and suffer over again all that is past , and all that was intended , but prevented ; or whether they shall recognize the next immediate Heir , and enquire who that is ? Well , but the next Heir , it seems , shall have small joy of it , his whole Authority depending on a Convention that has no Authority : In good time ! Will the Authority of this Prince , when acknowledged , depend on the Authority of the Convention ? Did Queen Elizabeth or King Iames I owe all their Authority to the Parliaments which recognized their respective Rights ? But no Man will think himself bound in Conscience to obey this Heir . Have you , Sir , the keeping of all Mens Consciences ; or the knowledg of their Thoughts ? I can assure you mine is not in your custody . § . 9. All those who think themselves bound [ still ] by their Oath of Allegiance to defend the King's Person , his Crown , and Dignity , &c. will be greatly discontented . Why Sir , then they may go over into France , and be admitted into his Guards , and perhaps the generous Allowance given him by the French King , will maintain them , if their Heresie do not over-ballance their Loyalty , and turn it into a Crime , as it happened to the H●gonots . Well , but they will never own any other whilst their own King lives : Assuredly this is a wonderful Man , if he could but as certainly inform us of the number , as he can of the Thoughts and future Actions of these Loyalist's . Well , but if they should happen to be Persons of known Prudence , Abilities , Integrity , Honesty , though they were never so few and never so tame , it would give a terrible stroke to this To●t●ring Government . Why , Sir , all or the greatest part of such Men in the Nation , were a dreadful Body , tho they were and ever will be few , but Sir , there must be a considerable Body of such Men first satisfied in the Convention , a number without Doors are already satisfied , and more will when the States have passed their Resolves ▪ and the remainder of the Men of this High Character , who will still remain Discontented , if they are any thing Peaceable , though not over Tame , will never be able to shock the most T●●tering Government in the World by their Examples , how well soever he thinks of them . Yet , § . 10. He endeavours to shew the number will not be small , because many who joyned with the Prince , are ashamed of what they have done , and ask God pardon for is , and are ready ●o undo it as far as they can . Well , Sir , how many such do you know besides your self ? A List of these Men were worth the having , and may perhaps be easily taken , if one knew how to separate them from the rest ; however , I should not fear greatly the terrible Shock of these wonderful Men , till I had better information of their Numbers than you can possibly give us . They were not willing to part with the King , tho they were horribly afraid of Popery . Why , Sir , has the King changed his Religion in France ? or are those Gentlemen so fond of the King , that they would now be contented to suffer all that Popery threatned so lately ? Or are they become as weary of their Delivery as they were before of Popery ? Or , will they sacrifice their Laws , Religion , old Foundations , and Free Parliaments to their Allegiance to their King ? If you say , Yes , I have done ; if no , then you would have what was not to be had , and will not be contented with what may be h●d ; and if the Number of these Men is great , farewel to the Liberties , Laws , Religion ; and Priviledges of England , and its Wealth and Inhabitants too , and what is left you may be pleased to divide amongst your Men of Character . To all this he assures us , § . 10. There will be a Thousand Occasions of Discontent : Ju●● a Thousand , neither one more or less , besides those springing from the sense of Loyalty and Conscience : Strange , that these Two should be so troublesome , as to equal , if not exceed the whole Thousand that went before . He that had been before so liberal of his Informati●n , now sets us to guess in § . 10. How many will be discontented in the new Court for want of Preferment ? Why , Sir , If you please to inform me how many days in February shall be clear , and how many shall be cloudy , I will fall a guessing how many in the new Court shall be pleased , and how many shall be dissatisfied ; but when I have done , it will not be worth the while , because this ever happens , and Courtiers have an old way of keeping these Malecontents in hope , till they fall off or gain what they desire ; and so if there should happen to be a Thousand of them , they will not be able to shock the Government , if there is no other cause of Discontent than that . Well , but here Duty and Discontent will mix , because they are sensible of their Mistake when it is too late : For as they ought not to have fought for Popery , nor against the Laws and Liberties of their Country ; so neither ●ught they to have deserted the defence of the King's Person and Crown , but have brought the Prince to Terms as well as the King : Why , Sir , Nemo tenetur ad impossibilia . The King was never brought to Terms , nor perhaps never will : So that if they 〈◊〉 Fought at all , it must have been for Popery , and against both our Laws and Liberties . Sir , shew when and where the King offered us or the Prince any Terms , and I will pass my word you shall be employed to frame Laws for the Convention , which is certainly a good Employ for one that is so expert at it as you pretend to be . Well , § . 13. A heavy Tax must be laid upon the Nation , to defray the Charge of this Expedition : Why , Sir , Are you of the Privy C●uncil to the Prince ? Surely he will be able to find some other Cause , or not make the Tax so very heavy . But Men will be very sorry to lose their King , and pay so dear for it too . Yes doubtless , a Gracious King is a great Loss ; but if he will be gone , and in●olve us in a War too , Taxes must be p●id , yea , heavy Taxes to support the Charge of it , or Louis will in a short time teach us what the Prince's Expedition was worth , whatever it cost . But this is not all , we must part with our Church too , the crazy Title will require the giving the Church to the Dissenters , § . 14. The Dissenters have or late acted very well ; and perhaps if a wise Man has the mannaging of them ; and the Popish Emissaries be carefully looked after , we may compound the Quarrel better cheap than the parting with our Church . Sir , I am well assured a great deal less will for the present content them , and the King is not Immortal , and whenever he Dies , the Crazy Title will be So●●red again , if no Body be to blame for giving it another terrible Shock . § . 15. Should the King be Deposed , or any other ascend the Throne , it will be necessary to keep a standing Army to quell such Discontents . You may be a good Law-framer for ought I know , but I will swear you are no States-Man ; this whole Section is meer Whimsey borrowed from the Dutch Design Anatomized , who had the folly to talk of Governing England by an Army of Dutch and Germans ; but why , God knows , except it were because a few were brought over to deliver us , and cannot presently be returned back to Holland . The Prince is both a wise and a good Prince , and knows the Consequence of keeping those Forces long here , better than a Thousand such Law-framers . Suppos● the King should return with a Foreign Force to recover his Kingdom , how ready will the Men of Conscience be , and the Men of Discontent to joyn with them , nay , to invite him Home again . This looks so like a Roman Catholick Zeal , that if I were not assured he is a Church of England-Man , I could not believe but it was a Disciple of St. Omers : But will the Conscientious Men invite the King home again , with all his Apostolick Vicars , Jesuits , Ecclesiasticall Judges , Dispensing Power , and a round Army of French Dragoons to teach us the French Faith after the French Fashion ? Are these the Men of Character , Prudence , Ability , Integrity , or of Conscience either ? Would one of the Primitive Christians have talked thus , have stood for a Licinius against a Constantine ? Well , if the King comes in a Conqueror , we shall wish we had Treated . Truly I shall not ; I had rather be forced than deceived , for then I know what I have to trust to ; and I would not willingly be accessary to my own Ruine . Well , suppose this unanswerable stuff is over-voted , § . 17. We are to bring good proof the Prince of Wales is an Imposture , or else we h●d better let it alone . Very good ; the Negative is to be proved ; we may guess by this what kind of Laws you , Sir ▪ would frame . Well , but if this be not done , the Discontented Men will have a plausible pretence to quarrel : What the Conscientious Men will do we must guess , but in all probability they will not be better quali●ed . What if the Princess of Orange be a Lady of that eminent Virtue that she should scruple to sit upon her Father's Throne whilst he lives ? Well , his Majesty has deserted his Throne and Kingdom when he needed not , except he had pleased ; and some Body must sit upon his Throne , though he is yet Alive : Now if it be her Right after his Death , why not now ? Our Author is at his Prayers , that God would give her Grace to resist the Temptation ; and I at mine , That the Author may never be one of her Chaplains till he is better inform'd . The rest of that Section is not unanswerable , but not worth answering . He has all along supposed the Prince of Orange Crown'd , yet in the 19th Section he proves he can have no Right to it , neither by Descent nor Gift ; and truly I am of the same mind for many Reasons , and especially for the sake of the Three alledged by him , Sect. 20 , 21 , 22. and for some others too of as great weight , which may be found in the Lord Virulam 's History of Henry VII . And yet our Case now before us has three Difficulties that had not , 1. A King living . 2. A Prince of Wales true or false . 3. A Nation divided in Religion ; to which I might perhaps add the Excessive Power of France , and the Excessive Zeal of this Generation to preserve the Descent of the Crown in the Right Line , and in the Legal Steps and Degrees . And this being done , I am persuaded nothing can divide the English Nation , or lessen their Zeal and Affection to the Prince of Orange , who has deserved the Crown , if it were ours to give him . The Postscript , which is an Huy and Cry after the French League to cut our Throats , I leave to the Convention : And if I durst be so bold as to ask a Favour of them , it should be to enquire what the Ro. Catholick meant by that Threat of theirs , so frequently printed and spoken by them , If fair means would not obtain the Repeal of our Penal Laws and Tests , foul should . Now for a Conclusion , I would desire you , Sir , to propose your method of Restoring the King , and Securing our Laws and Religion , and it shall go hard but I will shew you it is impracticable , or impossible , that it will never be granted ; or if it be , never observed : And if you please to bless the World with a Receipt of an Obligation that will bind the Conscience of any other Roman Catholick so fast that neither Iesuit and Pope can break or untie it , I assure you I will joyn with you in a Petition to the Convention , for a Treaty forthwith , without any other Terms to be proposed than the giving us that Security , whatever it is . And in the Interim , I am , SIR , YOURS . Ian. 24. 1688 / 9. FINIS . The EIGHT Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. Proposals to the present Convention for Setling the Government . II. Several Queries relating to the present Proceedings in Parliament . III. A Protestant Precedent offer'd for the Exclusion of King Iames the Second . IV. Reasons offer'd for placing the Prince of Orange singly in the Throne during his Life . V. A Breviate for the Convention , represented to the Lords and Commons of England . VI. King Iames the First his Opinion of a King , and of a Tyrant ; and of the English Laws , Rights and Priviledges . VII . Proposals to the present Convention , for perpetual Security of the Protestant Religion , and Liberty of the Subjects of England . London printed , and are to be sold by Rich. Ianeway in Queen's-head Court in Pater-Noster Row , 1689. PROPOSALS Humbly offered To the Lords and Commons in the present CONVENTION , for Settling of the Government , &c. My Lords and Gentlemen ; YOV are Assembled upon Matters of the highest Importance to England and all Christendom ; and the result of your Thoughts , in this Convention , will make a numerous Posterity Happy or Miserable . If therefore I have met with any Thing that I think worthy of your Consideration , I should think my self wanting in that Duty which I owe to my Country and Mankind , if I should not lay it before You. If there be ( as some say ) certain Lineaments in the Face of Truth , with which one cannot be deceiv'd , because they are not to be counterfeited ; I hope , the Considerations which I presume to offer You , will meet with your Approbation : That , bringing back our Constit●tion to its first and purest Original , refining it from some gross Abuses , and supplying its Defects , You may be the Ioy of the present Age , and the Glory of Posterity . FIrst , 'T is necessary to distinguish between Power it self , the Designation of the Persons Governing , and the Form of Government . For , 1. All Power is from God as the Fountain and Original . 2. The Designation of the Persons , and the Form of Government , is eirther , First , immediately from God , as in the Case of Saul and David , and the Government of the Ievs ; or , Secondly , from the Community , chusing some Form of Government , and subjecting themselves to it . But it must be noted , that though Saul and David had a Divine Designation , yet the People assembled ; and in a General Assembly , by their Votes , freely chose them : Which proves , that there can be no orderly or lasting Government , without Consent of the People Tacit or Express'd ; and God himself would not put Men under a Governor without their Consent . And in case of a Conquest , the People may be called Prisoners or Salves ( which is a State contrary to the Nature of Man ) but they cannot be properly Subjects , till their Wills be brought to submit to the Government : So that Conquest may make Way for a Government , but it cannot constitute it . Secondly , There is a Supreme Power in every Community , essential to it , and inseparable from it ; by which , if it be not limited immediately by God , it can form it self into any kind of Government . And in some extraordinary Occasions , when the Safety and Peace of the Publick necessarily require it , can supply the Defects , reform the Abuses , and re-establish the true Fundamentals of the Government ; by Purging , Refining , and bringing Things back to their first Original : Which Power may be called , The Supreme Power Real . Thirdly , When the Community has made choice of some Form of Government , and subjected themselves to it , having invested some Person or Persons with the Supreme Power : The Power in those Persons may be called , The Supreme Power Personal . Fourthly , If this Form be a mix'd Government of Monarchy , Aristocracy and Democracy ; and , for the easy Execution of the Laws , the Executive Power be lodg'd in a single Person ; He has , A Supreme Power Personal , quoad hoc . Fifthly , The Supreme Power Personal of England , is in Kings , Lords , and Commons ; and so it was in Effect agreed to , by King Charles the First , in his Answer to the nineteen Propositions ; and resolved by the Convention of Lords and Commons in the Year 1660. And note , That the Acts of that Convention , tho never confirmed by Parliament , have been taken for Law , and particularly by the Lord Chief Justice Hales . Sixthly , The Supreme Power Personal of England fails three Ways . 1. 'T is Dissolved : For two Essential Parts fail . 1. A King. 2. A House of Commons ; which cannot be called according to the Constitution , the King being gone , and the Freedom of Election being destroyed by the King's Incroachments . 2. The King has forfeited his Power several Ways . Subjection to the Bishop of Rome , is the Subjection against which our Laws cry loudest : And even Barclay ( that Monarchical Politician ) acknowledges , That if a King alienate his Kingdom , or subject it to another , he forfeits it . And Grotius asserts , That if a King really attempt to deliver up , or subject his Kingdom , he may be therein resisted : And that , if the King have part of the Supreme Power , and the People or Senate the other part , ( the King invading that part which is not his ) a just Force may be opposed , and he may lose his Part of the Empire . Grotius de Bello , &c. Cap. 72. But that the King has subjected the Kingdom to the Pope , needs no Proof ; That the has usurp'd an absolute Power superior to all Laws , made the Peoples Share in the Legislative Power impertinent and useless , and thereby invaded their just Rights , none can deny . 'T were in vain to multiply Instances of his Forfeitures : And , if we consider the Power exercis'd by him of late , it will most evidently appear to all who understand the English Constitution , that it admits of no such King , nor any such Power . 3. The King has deserted , ( 1. ) By incapacitating himself by a Religion inconsistent with the Fundamentals of our Government . ( 2. ) By forsaking the Power : the Constitution allow'd him , and usurping a Foreign one : So that tho the Person remained , the King was gone long ago . ( 3. ) By Personal Withdrawing . Seventhly , The Supreme Power Real remains in the Community ; and they may act by their Original Power : And tho every Particular Person is , notwithstanding such Dissolution , Forfeiture , or Desertion , subject to the Laws which were made by the Supreme Power Personal , when in Being ; yet the Communities Power is not bound by them , but is paramount all Laws made by the Supreme Power Personal : And has a full Right to take such Measures for Settling the Government , as they shall think most sure and effectual , for the lasting Security and Peace of the Nation . For we must note , that it was the Community of England , which first gave Being to both King and Parliament , and to all the other Parts of our Constitution . Eighthly , The most Renowned Politician observes , That those Kingdoms and Republicks subsist longest that are often renewed , or brought back to their first Beginnings ; which is an Observation of Self-evident Truth , and implies , That the Supream Power Real has a Right to Renew , or bring back . And the most ingenious Lawson observes ( in his Politica ) That the Community of England , in the late Times , had the greatest Advantage that they or their Ancestors had had for many Ages , for this purpose ; tho God hid it from their Eyes : But the wonderful Concurrence of such a Series of Providences , as we now see and admire , gives ground to hope ; That the Veil is removed , and the Nation will now see the Things that concern their Peace . Ninthly , The Acts done and executed by the Supreme Power Personal ( when in Being ) have so model'd the Parts and Persons of the Community , that the Original Constitution is the best , justest , and the most desirable . The Royal Family affords a Person that both Heaven and Earth point out for King. There are Lords , whose Nobility is not affected by the Dissolution of the Government , and are the subject Matter of a House of Lords ; And there are Places , which by Custom or Charter have Right to choose Representatives of the Commons . Tenthly , There are are inextricable Difficulties in all other Methods . For , 1. There is no Demise of the King , neither Civil nor Natural . 2. There is consequently no Descent . 3. The Community only has a Right to take Advantage of the King's Forfeiture or Desertion . 4. Whatever other Power may be imagin'd in the two Houses , as Houses of Parliament , it cannot justify it self to the Reason of any , who understand the Bottom of our Constitution . 5. By this Method all Popish Successors may be excluded ; and the Government secured , in case all the Protestants of the Family die without Issue : And this by the very Constitution of England . And the Question can never arise about the Force or the Lawfulness of a Bill of Exclusion . 6. The Convention will not be oblig'd to take Oaths , &c. Eleventhly , If these things be granted , and the Community be at Liberty to act as above ; it will certainly be most advisable , not only for the Security and Welfare of the Nation , but ( if rightly understood ) for the Interest of their Royal Highnesses , to limit the Crown as follows : — To the Prince of Orange during his Life ( yet with all possible Honour and Respect to the Princess , whose Interests and Inclinations are inseparably the same with his ) Remainder to the Princess of Orange , and the Heirs of her Body ; Remainder to the Princess of Denmark , and the Heirs of her Body ; Remainder to the Heirs of the Body of the Prince of Orange ; Remainder as an Act of Parliament shall appoint . This will have these Conveniences among others . 1. Husband and Wife are but one Person in Law , and her Husband's Honour is hers . 2. It puts the present Kingly Power into the best Hand in the World ; which ( wit●out Flattery ) is agreed on by all Men. 3. It asserts the above-said Power in the Community . 4. It will be some Acknowledgment to the Prince for what he has done for the Nation : And it is worthy Observation , that before the Theocracy of the Iews ceased , the manner of the Divine Designation of their Judges , was by God's giving the People some Deliverance by the Hand of the Person , to whose Government they ought to submit ; and this even in that time of extraordinary Revelations . Thus Othniel , Gideon , Iephthah , Samson , and others were invested by Heaven with the Supreme Authority : And though Ioshua had an immediate Command from God to succeed Moses , and an Anointing to that purpose , by the laying on of Moses's Hands : Yet the Foundation of the People's Submission to him was laid in Iordan . And I challenge the best Historians to give an Instance ( since that Theocracy ceased ) of a Designation of any Person to any Government , more visibly Divine than that which we now admire . If the Hand of Providence ( miraculously and timely disposing Natural Things , in every Circumstance to the best advantage ) should have any Influence upon Mens Minds ; most certainly we ought not here to be insensible . If the Voice of the People be the Voice of God , it never spoke louder : If a Nation of various Opinions , Interests and Factions , from a turbulent and fluctuating State , falls into a serene and quiet Calm , and Mens Minds are strangely united on a sudden ; it shews from whence they are influenced . In a word , if the Hand of God is to be seen in Human Affairs , and his Voice to be heard upon Earth ; we cannot any where ( since the ceasing of Miracles ) find a clearer and more remarkable Instance , than is to be observ'd in the present Revolution . If one examines the Posture of Foreign Affairs , making way for the Prince's Expedition by some sudden Events and Occurrences , which no Human Wisdom or Power could have brought about ; if one observes that Divine Influence which has directed all his Counsels , and crown'd his Undertakings , notwithstanding such innumerable Dangers and Difficulties , with constant Honour and Success : If one considers how happily and wonderfully both Persons and Things are changed in a little time , and without Blood : It looks like so many Marks of God's Favour , by which he thinks fit to point him out to us in this extraordinary Conjuncture . I will trouble you but with one Consideration more ; which is , That the two things most necessary in this Affair , are Unanimity and Dispatch : For without both these of your Counsels will have little Effect . In most things 't is good to be long in resolving ; but in some 't is fatal not to conclude immediately : And presence of Mind is as great a Vertte , as Rashness is a Vice. For the turns of Fortune are sometimes so quick , that if Advantage be not taken in the critical hour , 't is for ever lost . But , I hope , your Lordships , and all those Gentlemen who compose this August Assembly , will proceed with so much Zeal and Harmony , that the Result of your present Consultations may be a lasting and grateful Monument to Posterity , of your Integrity , Courage and Conduct . SEVERAL QUERIES Relating to the present Proceedings in Parliament ; More especially recommended to the Consideration of the BISHOPS . I. HOW the House of Commons can answer it to those People whom they Represent , if now they have an Opportunity , they do not settle the Government upon such a Foundation as will be likely , not only to preserve the Nation from Foreign Enemies , but also from falling into the like unhappy Circumstances which it is but just now escaped out of , and which in a great measure have proceeded from a want of a right Settlement of Publick Affairs at the Restauration of King Charles the Second . II. Whether this can be done without altering the Succession , since the Birth of the Prince of Wales is not proved supposititious , ( though perhaps no Body doubts but it is so ) ? And supposing it proved so , Whether it would not be more feasible to make a President now , than to try the Experiment first , when the next Right of Succession is claimed by the Infanta of Spain ; or perhaps some Prince her Heir , too strong to resist without the Assistance of the Prince of Orange , especially if there happen to be such Divisions amongst Us as are at this Time ? III. Whether it can be immagined to be worth the Prince of Orange's while to leave Holland , where he is the chief Man , and become a Subject in England ; nay , and have such an uncertain Interest in his stay here , that if his Wives Life chance to drop , perhaps he may be banished in a Years time , and not have a Place , as things may happen , to put his Head in ? For his Interest in Holland must necessarily fall into other Hands ; And no Body knows what fallings out may happen betwixt Us and the Dutch , or what other Contingencies may happen that may give cause of Disgust . IV. Whether ( considering the present State of Affairs ) the Strength of the King of France , and the Irish Rebellion , ( to say nothing of the Effects which the Entreaties , and subtile Insinuations of a Father must necessarily have upon any one that is good natur'd ) it be safe to trust the Administration of Affairs to a Woman , though never so vertuous ? And whether we shall be able to protect our selves against all these formidable Enemies , and bring things to a due Settlement , without the Assistance of the Prince of Orange , whose Foreign Alliances are such as we can never hope to obtain if we confer the Crown upon any other ? V. Whether it would be a greater real Kindness to the Princess of Orange to make her sole Queen , after such a manner as she will be likely to be turned out again ; or to make her and her Husband joint King and Queen during their two Lives ? I say , her Husband , who is a Prince , not only able to defend her and her Kingdom from all the Dangers that may happen , but also to take all the Trouble which may occur in the Administration of Affairs off her Hands , so that she will enjoy all the Pleasure of being Queen without any thing of Trouble : And we may add to this , that if it had not been for him , she had never enjoyed the Crown , nor the Nation their Freedom ? VI. Whether the Terms the Parliament shall make with one that can pretend no Right to the Crown but what they give him , will not be more likely to be kept by him , than by one that pretends a Title , and will be flatter●d up , both by Lawyers and Divines , ( I mean , the Scum of them ) with Notions of a Right jure Divino , and a Prerogative which cannot be parted with or abolish'd , though by the King's Consent , or Act of Parliament ? VII . Whether the House of Commons , upon these Considerations , and divers others too long to mention , will not think it necessary that the Prince and Princess of Orange be crowned King and Queen for their two Lives ? And whether it can be imagined , that the Commons should so far betray their Country as to recede from this Point ( so necessary for its Preservation ) notwithstanding all the Disturbances which the Bishops shall make in the House of Lords , and though they do not meet with the Concurrence of that House so soon as in reason might be expected ? VIII . Whether the House of Lords will suffer themselves any longer to be imposed upon by the Bishops in a thing that will be so injurious to the Nation , as it will be not to comply with the House of Commons in this great Point ; which must necessarily put such a damp upon Trade , that it will certainly be the Ruin of many hundreds of Families in the Nation whose dependance are upon Handy-Craft-Trades , to say nothing of the Disadvantages which may accrue by such a Delay to the poor Protestants in Ireland ? and admitting they should , whether the Circumstances of Affairs would not in a little time force them to a compliance with the House of Commons ? IX . Whether the Prince of Orange will not shew himself one of the unkindest Men in the World if he doth not stick by these People , till he seeth them secured , that have ventured their Lives and Fortunes for Him and their Country in confidence of his Protection ? and whether he as Head of the Protestant Religion , be not obliged to stand by the 48 Protestant Lords , and House of Commons , that have served their Country so faithfully ? X. Whether it would not be Prudence in the Bishops ( supposing their Designs be good , as I would hope they are ) to shew their readiness to assist the Nobility and Gentry in carrying on this great Work , whereby they might settle the Church upon the surest Foundation , the Laws of God and of the Land , and continue themselves in the Affections of the People ? XI . Whether all the Protestant Blood which shall be spilt in Ireland by reason of these long Delays , will not be justly laid at the Bishops doors , if they proceed after the same manner they have begun ? And lastly , To answer the great Objection , that we shall lose the Kingdom of Scotland if we make the King Elective for this Turn . Whether the Scots can chuse any body that will be more agreeable to their Interests than the Prince of Orange ? and supposing they can , Whether it be not madness to imagine , since they have a different Parliament , different Laws , and a different Original Contract ( so that the King may commit a Forfeiture there , when he hath committed none here , or a Forfeiture here , when he hath committed none there ) that they will not place the Crown upon him without any respect to what is done here , whether we make it a Forfeiture , or only a bare Demise ? A Protestant Precedent offer'd to the Bishops for the Exclusion of K. James the Second . IF Necessity , which is a great Branch of the Law of Nature , did not press us at this time , to come to some speedy and pertinent Determinations , as to the business , especially , of settling the Government , that Nicety , which seems to be promoted and set afoot in all our Counsels , might , considering the Weightiness of the business in hand , rather claim the just Commendation and Applauses of every good Man , than , as it seems now , fall under their Censure ; and I may say Indignation . If the matter debated were extraneous , and the Kingdom within it self peaceably and firmly settled ; if the Circumstances of our Affairs were ordinary and usual , and could admit of an unlimited time for their Decision ; if we were secure from injurious Resolutions of our Enemies abroad , or from the private Machinations of disaffected Persons at home : If these ●hings were so , it were worthy the Wisdom of those , who by their unseasonable Scruples ( so generally resolv'd against , and now again by them started ) may seem either ignorant of the desperate languishing condition of these Kingdoms at present , or prejudic'd and dis-affected to the E●ace and Settlement of them for the future ; I say , it were then worthy the Wisdom of these Men to dissect every particular of so important an Affair , before they made any Determination of the General . As we all acknowledg the extraordinary Circumstances of this Juncture , so they themselves have not been a little contributing to this happy Revolution : The Prince's first Declaration tells us , he had the Invitation of the Lords Spiritual and Temporal . Was it Justice and agreeable to Conscience then , to call for Foreign Arms to assist us against our own King , in the recovery of those Rights , Liberties and Properties , which , contrary to Law , he had invaded and taken from us ? And is it now become a Scruple in those same Consciences , to be confirm'd in those Rights , &c. by the same Arms and Power ? Is that pretended , absolute , unlimited Power , which in their Prayers and Sermons they have so often nibbled at , and endavoured to retrench , now in its just Debasement become so Inviolable and Sacred , that it must become a Point of Faith entirely to submit to it ? Has this small fit of Fear and Discouragement in our implacable Enemies , so well secur'd us from any future Enchroachments , that we need not be careful of any further Assurance ? Has these Men's Re-embellish'd Honours so obliterated the Memory of the Dangers some of them so lately have escap'd , and the rest justly fear'd , as to free them from all Apprehensions for the future ? What is it these Gentlemen would be at ? what do they fear ? Is it without Reason , without Justice , without Precedent , that we desire to be everlastingly secur'd from Popery & Slavery ? Not without Reason ; for when we have seen many of our fairest Branches lopp'd off , many of our Liberties invaded , many of our Laws perverted , and the Axe at last laid to the Root of our Government , 't is high time then , I say , to provide for our our Safety , and to put a stop to that Current which would have quickly over-run and drowned us : Not without Justice , for where my Life and Property is hunted after , and assaulted , I may , by the Law of God and Man , ●epel the Injury , and stand in my own Vindication : Not without Precedent , even in Protestant Kingdoms , ( not to mention the Romanists , who both teach and practise the Deposing of evil and wicked Magistrates ) and though in England we may perhaps think the Changes we have very lately seen among our selves admit of no Precedent , it may easily be prov'd that which hath been done of late in this Nation , hath been in great part formerly presented and allowed of upon Foreign Stages ; yea , and not many Years out of the Memory of some yet living , if we would but look into the Actions of other Regions , and those too wherein the Reform'd Religion is professed , we shall find that they , by their publick Records , acknowledged that in case of Tyranny and Oppression , it was lawful not only to defend their Lives and Liberties against all Assaults , but reduce and declare the Persons so offending , incapable of holding the Government . A lively Example of this , and almost exactly parallel with ours , was the Case of Sigismond the Third , Hereditary King of Sweden , who by a Convention of the States of that Kingdom , was Excluded , even with his Heirs , ( a Severity , which both the Honourable Houses of Parliament here have , with great Justice and Wisdom , declined ) from that Crown for ever : Some of the Articles drawn up against him were these ; First , For swerving from their received Christian Religion ; as also , from his Oath and Promise , and Solemn Engagement made to his People at his Coronation , to preserve their Rights and Priviledges ; as also , their Holy Reform'd Religion Inviolated ; For departing the Country without the Consent , and unwilling to the States and Orders of the Realm ; For exporting several Acts of great Concernment out of the Cancellarie ; For prosecuting such as would not embrace or favour the Romish Superstition ; For contemning , and endeavouring to undermine and annul those laudable Institutions and Laws made for the Security of the Realm , and the Establishment of the Protestant Reformed Religion ; For raising up what Enemies he could against his Native Country , thereby to involve his Subjects in a Deluge of Blood , which he intended , and had almost effected ▪ For inhumanely designing and suborning Russians and Villains , to Murder and Assassinate one of the chief Nobles , for no other Reason , but that out of Conscience and Duty , he would have perswaded him from those Irregularities and notorious Breaches of the known Laws of the Land. For these , and many more Causes , as the sending his Son out of the Land , without the Consent of the States , and causing him to be brought up and educated in the Romish Superstition , did the Swedes ( submitting the same to the Judgment of all sincere and candid Arbitratours ) justify their Abdication for ever , of King Sigismond the Third , and his Heirs , from the Crown of Sweden , &c. and proceeded strait to the Constituting and Electing of Charles Duke of Sudermannia ; vid. Spanheim 's Hist. of Sweden , &c. And in conclusion , they pray for , and doubt not of a candid Construction , a benign and favourable Acceptation , from all Christian Emperors , Kings , Princes , States , &c. of this their Legitimate Defence , and to vindicate them and their most equal Cause from all Calumny , or e●il Interpretation whatsoever . The Circumstances relating to this present Juncture in England , bear so near a resemblance almost in all these Grievances objected against the said Sigismond , that our late King , by a sort of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , seems to have breath'd his Soul , rather than to have copy'd after him , though indeed in some Cases he has plainly out-done the Original , especially in relation to his supposed Son. And as our King thought fit to Copy a King of Sweden , I cannot apprehend how it can lessen our Judgments or Integrity , our Piety , or our Loyalty , to follow the Example of the Swedes , excepting in the case of the Lawful Heirs ( whom every good Englishman and Protestant , to their utmost Danger and Peril , are ready to defend and maintain ) to take such Measures for our future Security , and lawful Establishment , as shall not by any Humane Art or Endeavour , be liable to Interruption . But as Precedents are least satisfactory , or least confronting to obstinate Opposers ; where they make only for one party : A Popish Sigismund deposed for Male-Administration in a Protestant Kingdom , may not perhaps be allowed to carry its sufficient Justification with the Romanists ; and therefore the Tables ought to be turn'd , and the Ballance made by Parallels of their own side ; the most prudent way of combating , and securing a Victory in this matter , being to lay the Scene of War in the Enemies Country . To confute therefore , and silence all the Romish Pretensions of Disgust and Murmur , against the Injustice of such a Deprivation , from Examples of Popish Deposals of Male-administring Protestants ; we 'll begin with Henry of Navarre , afterwards Henry the Fourth of France . The famous Holy League enter'd into by the Pope himself , and so many potent Allies ; together with all the Romish Subjects of Fran●e , against that undoubted Heir of the Crown of France , and at that time by succession the rightful King , is so notoriously known to the World , that all the tedious Particulars of the History , would be impertinent . Let it suffice , here was a Prince , the unquestion'd Inheritor of the Crown of France , actually by all Open and Hostile Means ( and all such Hostility avowed and abetted , and his very Birth-right fore-closed by the Pope himself ) opposed and denied his Accession to the Throne , for no other Unqualifications , but be a Hugonot ; that is , of a Perswasion contrary to the Establish'd , and Regnant Romish Religion in France ; being in all other Respects acknowledged a most excellent Prince : Insomuch , that after all other ineffectual Endeavours of recovering his Birth-right ; he had no means left to repeal his Exclusion and Debarment from the Throne , but by his Abjuration of the Reformed Religion , and return to the Romish Worship . This Case of Henry the Fourth , instead of a Parallel to ours , does not come up to half the Justification of the present Measures of England . For here was a Soveraign Prince under Deprivation , for no other Default , but his meer Religion : for this Henry the Fourth being then but in his Entrance to the Empire ( if truly that ) was consequently yet at least ( whatever they might fear ) under no Dilemmas of the least breach of Compact with his People , no Forfeitures for Male-Administration , or Violation of the Laws of the Land , or Rights of his Subjects ; their Dangers as then being only Apprehensions . If therefore the meer private Opinion of a Crowned Head , different from the Establish'd Religion of the Land , has been of weight enough ( it self alone ) in their own Scales to oversway the Birth-Right of Princes , and make a Bar to Empire ; and that too , so solemnly confirmed and ratified , even by the Sanction Apostolick , the Decretals of Rome it self : What Objections or Allegations can our Romish Disputants , whether Foreign or Domestick , make against the like Bar in Empire , after so notorious an actual Male-Administration , in the present Case of England , such too visible Ruptures of the Laws of the Land , and in defiance of all Obligations of Engagements , Covenant , Word , Honour , or OATHS themselves ? The next Example I shall point them to , is , that of the late Portuguese King , who by the Ordinance of the States of Portugal , ratified by the Pope's Assent , was dethroned , and his Brother invested with the Soveraignty ; and not only that , but his Queen too taken from him , Divorced , and by a Dispensation married to his Brother . The Grounds of this Deposal being only this , that the King was sometimes taken with Delirious Fits. If such a Personal Infirmity was ground sufficient to displace the Crown : Have not the Peop●e , or Community of England , in Convention asse●bled , as much Right on their Side , for the Deposal of a King ▪ for a far greater Infirmity , ( of the two a more violent Madness ) his lo●g tried and radicated Incapacity of being held , either by the Bonds or Ties of Honour , Laws , or Oaths : There being this infinite Difference between the Outrages of the one and the other , as that a Prince so bigotted , resolved for the Introduction , right or wrong , of his own Religion , is the more Dangerous Frantick . For his Superstitious Frency may push him to Violences that will hurt whole Nations , whereas the Outrages of the other can be only Personal . And if the Hands of the Lunatick Portuguese were thought Just to be tied up with no less Shackles , than taking both his Kingdom and Queen away from him ; who shall Arraign the Wisdom of the English , for depriving their King of his Kingdom , ( much good may do him with his Queen ) under an infinite larger Capacity , and more dangerous propensity to Mischief . And for so doing , what Warrant shall they want , when the present unforced Desertion of the King , and quitting the Helm , has put the Power of Decision in that Point into their own Hands , and lost him all Right of Appeal against the Alienation . I shall venter to add one last Consideration , viz. The Bull of Pope Pius Quintus , against Queen Elizabeth ; by which the Pope deprives her of all Title to the Imperial Crown , and all Dominion , Dignity , and Priviledg whatever ; declaring , that all the Nobility , Subjects , and People of England , and all others which have in any sort sworn unto her , to be for ever absolved from any such Oath ; and all manner of Duty of Dominion , Allegiance , and Obedience , &c. and all forbidden to obey her , or her Motions , Mandates , or Laws , upon pain of Anathema . Vide Bishop of Lincoln's Brutum Fulmen , p. 6. I recite this unjust Deposal of a Lawful Queen , by the pretended Authority of the Pope , no other , than to let the World know , that the Romish Party have the least Reason in Nature , to complain of the Deprivation of Princes . They , whose Infallible Guides can so insolently and arbitrarily place or displace Crown'd Heads ( not to mention the Illegality of the Pope's Interposition , in the Affair in any kind ) for only acting by Law , in Matters of Religious Changes , for such were all Ecclesiastick Alterations of that Queen , by the unquestion'd Authority of Acts of Parliament ; can be but ill furnish'd with Arguments , against the present Deprivation , enacted by the whole Community of England , for such violent Measures and Foundations , already form'd and begun , for the subversion of Church and State against all Law. Reasons humbly offer'd , for placing his Highness the Prince of Orange , singly in the Throne during his Life . I. IT will be a clear Assertion of the Peoples Right , Firm Evidence of a Contract Broken , and a sure Precedent to all Ages , when , after a most Solemn Debate , the Estates of England Declare , That the King having Abdicated the Government , and the Throne thereby Legally Vacant , They think fit to Fill it again with One who is not Immediate in the Line . II. It will be a Caution to Succeeding Kings , of what Fatal Consequence a general Derogation from the Laws may be , when they find , by this Instance , the Exercise of the Kingly Office in Danger , not only with Reference to Themselves , but Precarious to their Family by the Misgovernment . And Generations to come shall praise our Conduct , when reading the History of this Day , it appears we understood our Case ; had Honour and Honesty to maintain it , and Wisdom enough to transmit it Perfect to our Posterity . III. It will be the highest Obligation upon the Two Princesses that can be expected from a sensible People ; when , next to Asserting our own Right , by a Fact ( which is absolutely necessary , and above all other humane Arguments ) they see themselves of Inestimable Value with Us , by Recontinuing the Line in Remainder ; And that their own strict Adherence to the Protestant Religion and Interest , out-weighs the Demerits of their Unhappy Father . IV. The Princess of Orange will share in all the Glory of a Crown , without the Trouble of it : Easy from Popish Reflection , That She sits in her Father's Throne while he lives . And it concerns the Kingdom , as well as the Princess , to take care , That She be at Rest from those Sollicitations on the Behalf of Papists , which , under the Countenance of Her Father will perpetually assault Her tender Breast . Nor is there any room for the Princess of Denmark to think Her self Neglected ; The Exchange being attended with many Advantages , such as it would be lost Time to repeat , they are so very Obvious , and likewise too many for the Compass of this Paper . V. If the Prince of Orange be not King in His own Right , His Interest cannot be intirely Ours ; For though His Gallantry be an Assurance of Sincerity to Us ; yet , if there remain any Probability of His Returning to Holland , as upon the Death of His Wife , if She only be Sovereign , his Interest must be divided : Nor will it , according to the Art of Government , become the Prudence of any Nation to open the Secrets of their Policy to One , whom they may be so Unfortunate as to part with into a Country that may possibly interfere with Us. VI. It is dangerous to the Government it self to vest the Exercise of the Sovereignty in Both , for they may differ in Sentiments of things : and if there be a possibility of Division , it would be an unancountable Weakness , and great Oversight , not to secure our selves in so Important a Point . VII . It is Repugnant to grant the Crown to Both , and fix the Administration in One ; For the Administration is an Incident Inseparable from the Sovereignty . To be a King , or Queen , and not to have the Exercise of King , or Queen , is a Contradiction : a Departure from all the Rules that were ever laid down in Government , unless in case of Personal Incapacity , and therefore below a Masculine way of Reasoning . Lastly . It supports the noble Maxim , That a neighbouring Nation may take Arms to assist the Rescue of a People oppressed by Tyranny . And Foreign Princes will be apt to look into themselves , when they hear , by our Example of Gratitude , That they are no longer Safe , than Just to their Subjects . Good Advice before it be too Late : Being a BREVIATE for the CONVENTION : Humbly Represented to the Lords and Commons of England . WHereas we cannot but be made very apprehensive by those several efficacious Papers , such as Dr. B's , Mr. F's , A Word to the Wise ; and another as close , Four Questions Debated , and the like ; which go about , left the swaying part of the Nation should be so much intent upon One Th●ng , as that Others be neglected ; or lest they be so taken up with putting the Crown upon an Head most deserving it , as that they forget what is to be done first ; which is , The Consideration of the Constitution of the Realm , and the declaring that Constitution , before any Person be admitted into actual Regiment ; it being common for those that look but on one Thing , to be too sudden . We therefore judg it meet , That this ensuing Paper , which was in a few Copies given to some Members of the Houses , for preventing that Evil , should also be made publick , to go abroad with such Papers as those of the former Nature . For , as it is wise in a People when they make any Compact , whether with their Rulers , or others , that though they believe the Party they deal with to be the best in the World , to treat with him for all that , and be as punctual upon the Terms to make all secure , as if they were dealing with the worst : So it is also honest for them , in seeking the Good of their Country , to deny Self-interest , and to prefer the benefiting a Nation , before the magnifying any single Person whatsoever . The BREVIATE . THE People of this Nation are by Birth a Free People , who are born to a Liberty of Person and Propriety in their Goods and Lands ; and therefore England is rightly call'd a Free State. To understand the Government , we must know that these two Things are always to be distinguished , the Constitution , and the Administration . The Constitution of a Government does lie in the Original Agreement of the People , which they make between themselves , or with their intended Governour , or Governours , before the Government be set up , whether there be none before , or the Former at an end . When the People are in such a State , while there is no Order of Superiority , or Inferiority introduced , it is called a Community : When a Ruler is chose , so that there is a Ruling and Ruled Part , it is a Society , or called a Common-Wealth . Let us suppose a Company of Families , that having no dependance on one another , nor any one having Power over the other , yet living near each other , do find it convenient to join together in a Society , for mutual Defence against some Foreign Enemy , or for the reaping several Advantages which they shall receive by it . The Heads or Representatives of these Families assembled , are to consider what is to be done in order to these Ends. Three Things more especially they must consult upon ; 1. What Government ( as to the Sort or Kind ) is best for them ? 2. Who shall be Governour or Governours ? 3. And by what Laws or Rules they shall govern , who are entrusted with the Supreme Power ? And more particularly , in relation to what Measure of it they will allow them to have over their Persons and Estates , to use them as they have Occasion , for the Publick Good. For when they are yet free in both , the Governour can have Power so far , but no farther than they at first consent . Whatsoever Reservations of Liberty the People make in their Agreement , these are to be look'd upon as their Rights by the Laws of the Constitution , and essential thereunto , and consequently inviolable by any of these Governours whom they set up for the Administration ; the very Laws of the Administration being void , so far as they interfere with any of these of the Constitution . The Constitution and Laws thereof being agreed upon , and it being impossible for Humane Prudence to foresee all Accidents , which must be provided for ; therefore as they arise , the Administration necessarily must lie in these two Things : The making farther Laws ( subordinate still to those fore-priz'd ) as occasion requires , and seeing them executed , that is , in Legislation and Judgment . The One is the Business of the Supreme Authority ; the Other of the Inferior Magistrates or Officers , and Executioners of the same , according to that Fundamental Agreement made by the People . Our Government now , as constituted in order to this Administration , is , we know , a mixt Government . A Government is known to be pure or mixt , by the placing the Supreme Authority . If the People place it singly in the King , or singly in the Nobles , or singly in the People , then it is a pure Monarchy , Aristocracy , or Democracy : But when it is placed in all Three , it is a mixt Government , as Ours is , where there are no Laws in the Administration made but by King , Lords , and Commons . These Things I pursue only so far as is necessary , to the reaching my main Purpose ; and the leading me to a right discernment of the present Condition into which we are now brought in regard to this said Government . The Supreme Power of the Nation being placed in a Parliament , which is a Corporation of King , Lords , and Commons , that is , the Supreme Authority residing in King , Lords and Commons , as One Corporation , there does appear , at this Conjuncture , a Dissolution of the Government ; A Dissolution manifestly , as to the Exercise of it . This Appearance does arise from the opening of the last Scene . For the King being now gone , gone from his People , and departing from his Government , that One Corporation ( we speak of ) is broke ; so that there remains now no subject for that supreme Authority ; It being evident , that a Parliament , wherein an Essential point of our Constitution does consist , cannot now be Assembled : And the Providence of God it self hath extraordinarily determin'd our Case . If a King dies , he hath a Successor , and the Right devolves upon Him ; but whilst the King lives , he hath no Successor , and the Right remaining in Him and no Other ; and he being divided from his Lords and Commons , the Subject of the Supreme Power , or this One Corporation ( whereof the King is a Chief , Essential , and Constituent Part ) does perfectly cease , and must necessarily cause a Dissolution . I choose not to found this upon what does more convince Others , which comes to this Account : The King , by his frequent Malversation in the Government , and rooted Design of subverting our Religious and Civil Rights , for the Introduction of Arbitrary Power and Popery , which being aggravated by such an Endeavour , as the destroying that Share in the Government , which every Commoner hath , that hath Right to choose his Representative in Parliament , by his Garbling Corporations , and so evacuating this Liberty in effect ; and by such an endeavour also , as the exterminating his Protestant Subjects ; seeing that Religion which he would have introduced , is such , as by the Principles of it , if it comes into Domination , must do so to all Hereticks ; and thereupon may he be look'd on no longer as Rex , but Hostis , and Hostis Publicus : Besides , the subjecting us to a Foreign Jurisdiction , and the very changing the Government , by that indefinite Dispensing Power over the Laws , as was carved to him by his Judges , from Regal to Despotical : It is judged by them , that he is fallen thereupon from his Royal Dignity ; and that the Universality thereby have Warrant not only to defend themselves against him , but by Vertue of that Sanction , which is tacitly implyed in the Laws of the Constitution , to proceed on to take the Forfeiture He hath made of his Government , and Depose Him : For it is a fond thing , ( think they ) to imagine any Laws without a Sanction ; and impossible there should be any other Sanction in Treaties between Free Nations , or between a Free People , and the Governour they set over Themselves , than Force to be used by the Parties concern'd ; there being no Third Party on Earth to appeal to , in such Cases . However this be , it being taken for granted , That the Government is dissolved , and I suppose upon that preceding Account , of the One Corporation ( I say ) being broke , the Supreme Authority that lay before in the Three as united in One , does escheat , or fall to the Community ; who must therefore choose a new Subject for that Power ; and it lies at their Discretion to place it in what Subject they please : They may lodg it in the Lords and Commons alone , without a King , if they think that Government best ; the matter lies altogether upon their Agreement , and Consent . I suppose it most likely , that they will agree to place it again in a Monarch , Lords and Commons ( the Person only left at Choice , and Care had to prevent all Danger of Law in the Case ) according to the Ancient Constitution ; Though what Man can know the Mind of a Nation , when once come together , if he knows his own Mind ? There is one thing we have now Opportunity to obtain , which we can never recover again , if it be lost ; and that is , what His Highness the Prince of Orange hath made one of his two Designs , The Delivery of the People from Slavery ; which can never be done effectually , and radically , but upon this Advantage . The delivering us from Popery , is contained in the setling our Religion ; and that being a Work of great length , is the business more properly of a Parliament ; but this is a thing must be done by the Community , and consequently by thofe that are the Representatives of it , a Convention , so called ( in regard to a higher Capacity hereunto ) and not a Parliament ; for that represents the People , not as in a Community , but as in a Common-wealth , where there is pars imperans , as well as subdita , which now is not . A Parliament makes Laws for the Administration , but the People as in a Community make Laws for the Constitution . I would therefore humbly offer it to the Consideration of those , who shall meet as Members of this Convention , That , in order to the Effect premised , they do but agree and pitch upon this one certain Point of good Policy , that where they place the Supream Authority , they lay also the Rights or Properties of it ; that is , the Iura Majestatis ( Majestas being Maxima Potestas ) all together . The Rights of Majesty , or the Supream Power , are mainly these : The first is Legislation , or making Laws ; and this undoubtedly lies in a Parliament . The next , is the Power of raising Arms , or Armies , or the Militia , the Power of making Peace and War , or the Power of the Sword , which is necessary to maintain those Laws . The third is a Power over our Estates , or the Purse , or raising Mony , which must maintain the Sword. A fourth , is the Power of choosing Magistrates to rule Us according to these Laws ; such as Judges and Sheriffs , to name no other . A fifth , is the last Appeal . Now let but the Power of the Militia and choosing Magistrates , be laid where Legislation is , and we shall be fundamentally delivered from all Slavery for ever in the Nation . If we be enslaved or oppressed by any Prince for the time to come , it must be either by Force or by Injustice . We cannot be oppressed by Force , because no Forces then can be raised by Him , but by a Parliament . He cannot rule by an Army , or by Violence ; for the Militia is in the Lords and Commons , as well as in Him , and they will not let him do so : We cannot be oppressed with Injustice ; for the Iudges and Officers entrusted with the Execution of Iustice , shall be chosen also by them , and they will look to that . It is true , while no Parliament sits , the King by Virtue of the Executive Power lying in him , may raise Arms , and put in Officers and Magistrates as there i● need ; but both these are to be done under the Controul of the next Parliament ( which are therefore to sit often by ancient Statutes ) there being no War to be levied , nor Magistrates confirmed , without their Approbation . Let us remember the State we are in , a State that puts the Supream Power in the Hands of the People , to place it as they will : and therefore to bound and limit it as they see fit for the publick Utility ; and if they do it not now , the Ages to come will have occasion to blame them for ever . When the Supream Power is upon the disposing , if they do not take this Item , as part of their proper Work , To bind the Descent of it to a Protestant , I shall blame them : But I shall do so much more , if after the Danger we have been in , of Arbitrary Domination and Popery , by the King 's raising Arms , and putting Judges in and out at his Pleasure , they do not take more care of the Supream Power , to lay it and its Rights better together : Especially , seeing nothing can indeed be that in Nature , which it is , without its Properties . This is uniform ( I must persist ) to the Nature of Government ; that where the Supream Authority is , there must be its Prerogatives ; and where the chief or principal Rights of it is , there should all the rest which depend upon , and belong to it , be placed also : Where Legislation is lodged , there should the Militia , there should the Power of making Judges , to name nothing more than serves my turn , be lodged also . It is this hath been the great Declension , Fault , or Defect of our English Common-Wealth , that the People have suffered these Rights of Soveraignty , to come to be divided , arising ( we must conceive ) from the Administration , that is , Male-Administration , as appears , for Example , in the Militia , which upon the fresh coming in of the late King , was in two or three hot Acts , declared now and ever to have been in the King ; when both the Assertion was gross Flattery , and such Acts void , as fundamentally repugnant to the Constitution . There is one Difficulty to be thought on , and that is , the Negative Voice of the Prince in his Parliament . The Lords and Commons may agree upon some Law for the publick Benefit , and the King alone may refuse to pass it . If he be obstinate , this is a great Evil , and might really make one think , it would be better therefore ( for the preventing this Inconv●nience ) to place the Supream Power in Lords and Commons only , without a Controler . Unto which may be added , the Power of Calling and Dissolving Parliaments at pleasure ; by virtue whereof , our Kings hitherto have pretended a Power predominant over them . But forasmuch as these Prerogatives may be disputed , and the Negative Voice hath been deny'd by many Judicious Men , who have pleaded the Obligation of former Princes to confirm those Laws , quas vulgus elegerit ; it is to be hoped that the Wisdom of the Nation will be able to find out some Expedient or Salve for this Difficulty , and for more than that also ; so long as they have the Golden Opportunity , to bring a Crown in one Hand , with their Terms or Conditions in the other . As for the several Grievances that need Redress , and many good Things that are wanting to compleat the Happiness of our Kingdom ; there may be some Foundation laid happily , or Preparations made in order thereunto by this Convention ; but as belonging to the Administration , and being Matters of long Debate , they are the Work more properly of an ensuing Parliament . Only let not the Members of this present Great Assembly forget , that they having so unlimited a Power , and the Nation such an Opportunity , which , as the Secular Games , they are never like to see but once , they are more strictly therefore bound in Conscience , and in Duty to their Country , to neglect no kind of thing , which they judg absolutely necessary to the publick Good. I care not if I commend three or four such Particulars against the time to Consultation , which shall be these : A Regulation of Westminster-Hall : A Provision against buying or selling of Offices : A Register of Estates : A Freedom from Persecution ( by a Bill for Comprehension and Indulgence ) in the business of Religion : A Redemption of the Chimny Mony , which bringing the King to be Lord of every Man's House , is against Property ; and an over-Ballance in the Revenue , is against the Interest of the Nation . THE Breviate bing ended , we cannot but reflect upon the King ; there being so much Concern in the Minds of many , about their Allegiance to Him , though He be gone : But such Persons as these should look a little more to the Bottom , That a People is not made for the King , but the King for the Peole : And though He be greater than them in some Respects ; yet , quoad finem , the People are always greater than Him : That is , If the Good of the one , and the other , stand in Competition , there is no Comparison , but a Nation is to be preferr'd before one Man. ( As appears by the Opinion of King Iames the First , hereto annexed . ) If the Being of them be inconsistent one with another , there is no doubt , but it is better that a King cease , than that a whole Nation should perish . And upon such a Supposition as this , all Obligation as to Duty must cease likewise . There are some tacit Conditions in all Oaths , as the best Casuists tell us ( such as Rebus sic stantibus , for one ) that we must steer our Consciences by in these Cases ; He is the Minister of God for our Good , says the Scripture : And if any Prince therefore be under those Circumstances , as that it cannot be for the Peoples Good that he should rule over them ; we do look upon such a Ruler to be bound in Conscience to give up his Government , as being no Minister of God upon that Account : And so , having no Authority from God for that Office , the Peoples Obligation to be subject to Him , is at an end with it . If they obey him longer , it is for Wrath , not for Conscience sake . If his Majesty now of Great Britain , out of some deep Sense , that he , being a Roman Catholick , cannot rule , and be true to his Religion , ( which he may suppose does oblige him to an Establishment thereof by all the ways and means of his Church , though never so destructive to ours ( but it will be to the Hurt , not Good of us who are Protestants ) hath been pleased to withdraw himself from his Government , to make us more quiet and happy ; We are in all Gratitude to acknowledg his Piety , Goodness , and Condescention to be so much , as very few of his Subjects could ever have suspected : But if it be out of another Mind he hath done it , We have still more Reason to bless Almighty God , who does often serve his Providence by Mens Improvidence ; and cutting off Mens Ends from their Means , he uses their Means to his own Ends , when he is pleased to work Deliverance for a People ; as he hath at this Season , so graciously and wonderfully done for Us , that there is nothing more needful , even to the most scrupulous Conscience , than an humble and awful Acquiescence in the Divine Counsel , to give Satisfaction in this Matter . King IAMES the First his Opinion of a KING , of a TYRANT , and of the English Laws , Rights and Priviledges . In two Speeches ; The First to the Parliament 1603 , the Second 1609. In his Speech to the Parliament 1603 , he expresseth himself thus : I Do acknowledg that the special and greatest Point of difference that is betwixt a Rightful King and an Usurping Tyrant , is in this : That whereas the proud and ambitious Tyrant doth think his Kingdom and People , are only ordained for satisfaction of his Desires , and unreasonable Appetites ; The Righteous and Iust King doth by the contrary acknowledg himself to be Ordained for the procuring of the Wealth and Prosperity of his People ; and that his great and principal worldly Felicity , must consist in their Prosperity . If you be Rich , I cannot be Poor ; if you be Happy , I cannot but be Fortunate : And I protest , your Welfare shall ever be my greatest Care and Contentment . And that I am a Servant , it is most true , that as I am Head and Governour of all the People in my Dominion , who are my natural Subjects , considering them in distinct Ranks : So if we will take in the People as one Body ; then as the Head is ordained for the Body , a●d not the Body for the Head , so must a Righteous King know himself to be ordained for his People , and not his People for Him. Wherefore I will never be ashamed to confess it my principal Honour to be the great Servant of the Common-Wealth ; and ever think the Prosperity thereof to be my greatest Felilicity , &c. In his Speech to the Parliament , March 21. 1609 , he expresseth himself thus : IN these our Times we are to distinguish betwixt the State of Kings in the first Original , and between the State of settled Kings and Monarchs , that do at this Time Govern in Civil Kingdoms : For even as God , during the Time of the Old Testament , spake by Oracles , and wrought by Miracles ; yet how soon it pleased him to settle a Church , ( which was Bought and Redeemed by the Blood of his only Son Christ ) then was there a Cessation of both : He ever after governing his Church and People within the Limits of his revealed Will. So in the first Original of Kings , whereof some had their beginning by Conquest , and some by Election of the People , their Wills at that Time served for a Law ; yet how soon Kingdoms began to be settled in Civility and Policy , then did Kings set down their Minds by Laws , which are properly made by the King only ; but at the Rogation of the People , the King 's Grant being obtained thereunto ; and so the King came to be Lex loquens , a speaking Law , after a sort binding himself by a double Oath to the Observation of the Fundamental Laws of his Kingdom : Tacitly , as by being a King , and so bound to protect , as well the People , as the Laws of his Kingdom ; and expresly by his Oath at his Coronation : So as every just King in a settled Kingdom is bound to observe that Paction made to his People by his Laws , in framing his Government agreeable thereunto , according to that Paction which God made with Noah after the Deluge : Hereafter , Seed-time and Harvest , Summer and Winter , Cold and Heat , Day and Night shall not cease , so long as the Earth remains . And ●herefore a King Governing in a settled Kingdom , leaves to be a King , and degener●tes into a Tyrant , as soon as he leaves off to rule according to his Laws . In which Case the King's Conscience may speak unto him as the poor Widow said to Philip of Macedon , Either Govern according to your Law , aut ne Rex ●is , or cease to be King ; and tho no Christian Man ought to allow any Rebellion of People against their Prince , yet doth God never leave Kings unpunished when they transgress these Limits . For in that same Psalm where God saith to Kings , Vos Dii estis , Ye are Gods ; He immediately thereafter conclude , But ye shall die like Men : The higher we are placed , the greater shall our Fall be ; Vt casus sic dolor , as the Fall , so the Gri●f , the taller the Trees be , the more in danger of the Wind ; and the Tempest beats sorest upon the highest Mountains . Therefore all Kings that are no Tyrants , or Perjured , will be glad to bound themselves within the Limits of their Laws ; and they that perswade them the contrary , are Vipers and Pests , both against them and the Common-Wealth . For it is a great difference betwixt a King's Government in a settled Estate , and what Kings in their Original Power might do in Individio vago . As for my part , I thank God I have ever given good proof that I never had Intention to the contrary : And I am sure to go to my Grave with that Reputation and Comfort , That never King was in all his Time more careful to have his Laws duly observed , and himself to govern thereafter , than I. That Just Kings will ever be willing to declare what they will do , if they will not incur the Curse of God. I will not be content that my Power be disputed upon , but I shall ever be willing to make the Reason appear of all my Doings , and rule my Actions according to the Laws . And afterwards speaking of the Common Law of England , which some conceived he contemned , saith to this purpose ; That as a King , he had least cause of any Man to dislike the Common Law ; for no Law can be more favourable or advantageous for a King ; and extendeth further his Prerogative than it doth ; and for a King of England to despise the Common Law , is to neglect his own Crown . It is true , that no Kingdom in the World , but every one of them hath their own Municipal Laws agreeable to their Customs , as this Kingdom hath the Common Law. Nay , I am so far from disallowing the Common Law , as I protest that if it were in my Hand to chuse a new Law for this Kingdom , I would not only prefer it before any other National Law , but even before the very Judicial Law of Moses , for conveniency to this Kingdom at this Time , tho in another respect I must say , both our Law , and all Laws else are very inferiour to that Judicial Law of God ; for no Book nor Law is perfect nor free from Corruption , except only the Book and Law of God. And therefore I could wish that some Corruptions might be purged and cleared in the Common Law , but always by the Advice of Parliaments ; for the King with his Parliament here are Absolute , in making or forming any sort of Laws . First , I could wish that it were written in our Vulgar Language ; for now it is an old mixt corrupt Language , only understood by Lawyers : Whereas every Subject ought to understand the Law under which he lives ; since it is our Plea against the Papists , that the Language in God's Service ought not to be in an Unknown Tongue , according to the Rule in the Law of Moses , That the Law should be written in the Fringes of the Priests Garment , and should be publickly read in the Ears of all the People ; so me thinks ought our Law to be made as plain as can be to the People , that the excuse of Ignorance may be taken from them for conforming themselves thereunto . Next , our Common Law hath not a settled Text , being chiefly grounded upon old Customs , which you call Responsa Prudentum — I could wish that some more certain were set down in this case by Parliament : for since the Reports themselves are not are not always so binding , but that divers times Judges do disclaim them , and recede from the Judgment of their Predecessors : It were good that upon a mature deliberation , the Exposition of the Law were set down by Act of Parliament , and such Reports therein confirmed , as were thought fit to serve for Law in all times hereafter , and so the People should not depend upon the bare Opinions of Judges , and uncertain Reports . And lastly , there be in the Law contrary Reports and Precedents ; and this Corruption doth likewise concern the Statutes and Acts of Parliament , in respect there are divers cross and cuffing Statutes , and some so penn'd as they may be taken in divers , yea contrary Sences . And therefore could I wish both those Statutes and Reports , as well in the Parliament , as Common Law , to be once materially reviewed and reconciled . And that not only Contrarieties should be scraped out of our Books , but that even such Penal Statutes as were made but for the use of the time ( for breach whereof no Man can be free ) which do not now agree with the condition of this our time , might likewise be left out of our Books , which under a tyrannous and avaricious King could not be endured . And this Reformation might , we think , be made a worthy Work , and well deserves a Parliament to be set of purpose for it , &c. And as to the Point of Grievances , tells them , That there are two special Causes of the Peoples presenting Grievances to their King in time of Parliament . First , For that the King cannot at other times be so well informed of all the Grievances of his People , as in time of Parliament , which is the Representative Body of the whole Realm . Secondly , The Parliament is the highest Court of Justice , and therefore the fittest place where divers Natures of Grievances may have their proper Remedy , by the establishment of good and wholsome Laws : Wherein he addresses himself especially to the Lower House , who as representing the Body of the People , may , as it were , both Opportunè & Inopportunè , in Season , and out of Season ; I mean , either in Parliament as a Body , or out of Parliament as private Men , present your Grievances unto me . — I am not to find fault that you inform your selves of the particular Grievances of the People : Nay , I must tell you , ye can neither be just nor faithful to me , or to your Countries that trust and employ you , if you do not ; for true Plaints proceed not from the Persons employed , but from the Body represented , which is the People . And it may very well be , that many Directions and Commissions justly given forth by me , may be abused in the execution thereof upon the People , and yet I never receive Information , except it come by your means at such a time as this is . Proposals to this present Convention , for the perpetual Security of the Protestant Religion , and the Liberty of the Subjects of England . Humbly Offer'd by the Author of the BREVIATE . AFter the Great Blessings that seem designed for the whole Nation , from the happy Agreement between the Two Houses , in that great Point before them , the Vacan●y of the Throne ; I cannot but crave Pardon and leave to put the Representatives of the Nation in remembrance , that though this Vacating of the Throne opens so large a Door to our Great and many Deliverances , yet our lasting Security is not intirely compleated here ; and that th●refore they baulk not the next Point , which is as stoutly to be asserted , viz ▪ That the Power now of setling the Government , and filling the Vacancy , is reverted to the Community , whereof they are the Representatives . This is an opportunity we are like never to have again in the World ; and a Precedent ought to be made for the Ages to come . It is not to be thought , after an Agreement on the first Point , but that this Convention is willing to invest the Prince of Orange with the Government , during his Life ; ( for they say , both the Princesses are willing it should be so , and no prejudice to either : ) But how this can be orderly done , until the Power be asserted ; let the Wisdom of the Nation consider , and lay it well to Heart . There is One main objection . If the Convention choo●e a King and Queen at this Time , then will the Government be for ever Elective . But this is a great Mistake : for , we must know it is the Constitution of a Government , which makes it Elective or Hereditary , and not One Actual Choice , or single Precedent . This being ( note that well ) by a Convention , not a Parliament ▪ whilst in the present Juncture , that Vacancy in the Throne ( which may never happen again to the End of the World , ) leaves us no other Expedient of reestablishing our Government , then by Electing Our Governour . When an Hereditary Kingdom is set up that was none before , the Person on Necessity must be by Election at first ; though at the same time , the Compact of Obedience to the Person so Elected , and to his Heirs in Succession after him , may be such , that what at first was in the peoples Power and Right to give , after submission payed , will never lie in their Power to resume back . The Case is the same here ▪ And if we understand then , when it is resolved , that the Throne is vacant , or Government dissolved , ( which is all one ) the meaning is not , that the Constitution of the Government is dissolved ( for therefore is it so warily express ) Su●● the Government 〈◊〉 the Administration . It is Essential to Government to have 〈◊〉 Imperans , and pars subdita ; and the pars Imper●● failing ( as in our Case ) the Government is 〈◊〉 ; I that is , it is dissolved so , as there can be no Exercise of it , 〈◊〉 it be setled again ▪ Nothing that the King can do , or 〈◊〉 can do , can vacate the Constitution . It is That they both Derive from and bold by . Only the Commu●ity being those , as firsts made it , ( it must be confest ) they can dissolve it , or Change it , if they think fit . The King hath not yet dissolv'd it , but the Convention ( being , upon the Dissolution of the Government , in the Exercise call'd this together , as Deputies of the Community , to set that up , ) may do so : or what is better ; they may confirm the Fundamental 〈◊〉 of it , and mend the rest , as they see good . It were then Advisable ; both for the Honour and Safety of the Nation , That the Convention did agree and declare , that the Government of England be still an Hereditary Li●i●ed Monarchy ; with this change only , that the Descent of the ●●own , be found to a Protestant . This 〈…〉 Objection for ever . Be it agreed and declared again , that the Governme●t be still a 〈◊〉 Government ▪ and that the Supream Legislative Power with all the Rights and Properties of it ▪ do , and shall lie in a Parliament . For Gods sake and Your Countries , use your present Advantage ; lest you 〈◊〉 for the loss of so favourable an offered Opportunity never to be regained . The Constitu●ion ( I say ) of the Gov●●nment should be considered and declared , and the Power of this Convention to dispose of New Gove●●ours be asserted , before the actual Inve●titure of Any be concluded , if we resolve to be true Subjects of England , or have any Regard to Our Selves , on our Posterity , in a Concern for valuable , as Generations to come shall reap the Blessing of it , and acknowledg the Founders . FINIS . A NINTH Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. A Dialogue between two Friends , wherein the Church of England is vindicated in joyning with the Prince of Orange in his Descent into England . II. His late Majesty's Letter to the Lords and others of his Privy Council . III. Some Remarks on the late King 's pretended Letter to the Lords , and others of his Privy Council . IV. Reasons for Crowning the Prince and Princess of Orange King and Queen jointly ; and for placing the Executive Power in the Prince alone . V. A Lord's Speech without Doors to the Lords , upon the present Condition of the Government . VI. Reflections on a Paper , called , A Lord's Speech without Doors . VII . The Bishops Reasons to Queen Elizabeth for taking off the Queen of Scots : offer'd to the Consideration of the present Sect of Grumbletonians . With an Advertisement of the Learning and Rhetorick of the late Lord Chancellor Iefferies . London printed , and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row , 1689. A DIALOGUE between two Friends , wherein the Church of England is Vindicated in joining with the Prince of Orange in his Descent into England . A Dialogue between a Churchman and a Dissenter . OH ! Neighbour , I am heartily glad to see you ; I have long desired to have an hour's Discourse with you , that I might know your Sentiments of the Present Conjuncture . Dissenter . Sir , I thank you for my kind Reception , and shall endeavour to make my Visit as agreeable as I can . Ch. Well , Neighbour , what do you think of the Times now ? Diss. Why , to tell you the truth , I cannot but be pleas'd with the Humour of a Gentleman , who died lately , and injoined his Relations to bury him with his Face downward , saying , That in a short time the World would be turned upside-down , and then he should be the only Person who lay decently in his Grave . Ch. Why , I must confess there has been a considerable Revolution , but I hope we Churchmen have still kept up our Reputation . Diss. Ay to be sure ; but I hear Hue and Cry has lately been sent after your Doctrines of Passive Obedience , Non-Resistance , Iure Divino-Monarchy , &c. And they say some Roguish Fellow has pack'd them up , and run with them back as far as Forty one . Ch. Indeed our Passive Obedience and your Addresses have been the two great Supporters of the King's Hopes ; but he has now found , to his Sorrow , that we no more designed to obey Arbitrary Commands , than you Address'd for Establishment of Popery : But here 's the Mischief of it , you Dissenters will still Be condemning us before you have heard us either Explain our Doctrines , or Distinguish the Times . Diss. Come , come , don't tell me of Explaining or Distinguishing , Honesty is Uniform , and needs no such Shifts : Why did you not Explain and Distinguish while the Court smil'd , and you had the Whip in your hands ? As for our Addressing , 't is plain to all the World we only designed to return the King Thanks for that Common Liberty and Ease we had from your Severities . Ch. 'Pray' Neighbour , be not so warm ; you know the Complement was attended with the Promise of Lives and Fortunes , but not to be too nice upon your Good-Breeding in the Case ; lend me but a little Patience and I 'll demonstrate to you that the Proceedings both of our Clergy and Laity in this late Revolution have been consonant to their former Doctrines , Reason it self , and the Constitution of this Kingdom . Diss. Well , I commend you at least for fair Promises , I wish you perform them better than a Great Man before you has performed his . Ch. That I shall leave to the Judgment of the Impartial : But first of all I must crave leave to tell you , That I shall not here undertake to defend the extravagant Notions of every Upstart , who , through Prospect of Advantage , might flatter the Court with his own Chimaera's : But , by the aforesaid Doctrines , I mean those generally preached up by the Learned and unbiass'd Clergy , and approved of by all the thinking Men of our Church . Diss. I must confess I cannot expect you should defend the Excesses of every Novice ; but I can by no means reconcile these late Proceedings to those Doctrines which were Asserted by the most Learned of your Clergy . Ch. Which therefore of our Doctrines would you insinuate to me ? Diss. Why ▪ in short , to see a Company of People up in Arms , and joining with an Invader , who had so Zealously Asserted Passive Obedience , Non-Resistance , &c. and had taken several Oaths , disabling them upon any Pretence whatsoever to take up Arms without the King's Order , &c. This I say is a Riddle to me . Ch. Your Objection I confess is weighty , though obvious and the common talk ; but being prepared by many Premeditations on this Subject , if you please to lend me a little Attention , I shall endeavour to satisfy your Difficulties . Diss. 'T is what my Charity much desires . Ch. First , therefore , to deal ingenuously with you , I confess , at the beginning of this Revolution I was under a very great Surprize : I , who have been in Arms for His Majesty , a warm stickler for the Church of England , puffed up with all the Bravado's and Excesses of an Oxford Loyalty , must needs be Alarmed to hear our Nobility and Gentry beating up for the Prince of Orange , even in the Bowels of our Country . But when I came more seriously to reflect upon the Foundations of our Government , as well as those antecedent Obligations which God Almighty has reserved as his own inviolable Prerogative , I began to regulate my Zeal by calmer measures . And making a more impartial and strict Inquiry into the Opinions of Learned Men concerning the Regal Power , I found this most generally agreed upon ; viz. That the Obedience and Disobedience of Subjects must be measured by the peculiar Constitutions of every Kingdom , without respect either to the Jewish Polity , where things were determined by God Almighty's special Command , or the Behaviour of the Primitive Christians , who had few or no Legal Rights to Assert . Diss. Ay , but you Churchmen flattered the Court so long , till our Constitutions were all swallowed up in the Abyss of Prerogative . Ch. I must confess while Kings are a Protection to Liberty , Property and Religion , the World is naturally prone to flatter them ; neither would it be good Breeding to make too nice Inquiries into the Limits of a Prince while he does not exceed them ; but when Distress comes impetuously upon a Nation , when Life and All that is Sacred to us lies at Stake , then the Inquiry is not only just ; but necessary . Diss. What Conditions therefore will you Churchmen at length confine your Prince too ? Ch. Why , I shall present you with a short , but impartial view of the Constitutions of this Kingdom , as I find them most faithfully and ingenuously represented by the Royal Martyr in his Answer to the Nineteen Propositions , in these Words , viz. There being Three kinds of Government among Men , Absolute Monarchy , Aristo●racy and Demo●racy , and all these having their particular Conveniences and Inconveniences , the Experience and Wisdom of our Ancestors hath so moulded this out of a mixture of these , as to give to this Kingdom the Conveniences of all Three , without the Inconveniences of any one , as long as the Balance hangs even between the Three Estates , and they run jointly on in their proper Chanel , &c. In this Kingdom the Laws are jointly made by a King , House of Peers , and House of Commons , chosen by the People , all having free Votes , and particular Priviledges , &c. And in this Kind of Regulated Monarchy , that the Prince may not make not use of his Power to the Hurt of those for whose Good he hath it , and make use of the Name of Publick Necessity for the Gain of his private Favorites and Followers , to the detriment of his People ; the House of Commons ( an excellent Conserver of Liberty ) is solely entrusted with the Levying of Monys , and the Impeaching of those , who for their own Ends , though countenanced by any surreptitiously gotten Command of the King , have violated that Law which he is bound to protect , &c. Since therefore the Power Legally placed in both Houses , is more than sufficient to Prevent and Restrain the Power of Tyranny , &c. Our Answer is , Nolumus Leges Angliae mutari . So far this Royal Author . And indeed what could a generous Prince acknowledg , or a Priviledg-asserting Subject desire more ? Therefore , upon the whole , it appears by the Confession of the best of Men , as well as the wisest of Princes , that we are under a Government so well appointed for Society and the Exigencies of Humane Kind , that nothing but Folly can think of Establishing a better , and nothing but a Jesuit disturb it : The Scriptures themselves seem to have meant it when they tell us that Caesar's Prerogative must never come in Competition with that of God Almighty , and that Governors shall be a Terror to evil Works . Here King and People have each their Territories , and all the Provision imaginable made against those Distractions which either Interest or Passion should attempt . From all which what can be more naturally inferred , but that we in this Kingdom are by no means obliged to resign up our selves to Violence and Oppression , but that Passive Obedience has its Limits , and the Oath of Allegiance its Restrictions : A regulated and conditionated Monarch can expect no Obedience from me but what is Conditional too ; and what an Absurdity does it seem , that by a Legal Oath I should swear an absolute Obedience to that Authority which is not Absolute ? Besides , those Subsidies which were granted by the Clergy in several of Queen Elizabeth's , Parliaments for the Relief of the French , Dutch and Scotch Protestants , against their Oppressors , plainly shew that it was all along the Opinion of the Church to Resist in case Rights and Religion were Invaded : Neither am I perswaded that the learned and unbyass'd Clergy of our present Church ever meant any other Obedience than an active Conformity to the Intent of the Law , or a Passive Submi●sion to the Penalties of it . Therefore ●hough upon the Foundations of our Government , an impatient Spirit might with a great shew of Reason establish a very extensive Latitude , in asserting the Subjects Right ; yet in Favour of Monarchy , which I Reverence , and with Respect to the Present Conjuncture , I shall only now trouble you with these four Propositions , supposing a mixt Government ; 1. That Suspicions and Jealousies of a Prince's sinister Designs are no sufficient Grounds for Subjects violently to assert their Rights , but in this Case the Event of things mu●t be left to Providence . 2. That though one Man , or a greater number of Men receive manifest Injuries by the Abuses of Government , yet while they are but an inconsiderable part of the Community , they are in Duty bound rather to submit to Oppression , than interrupt the common Peace : But , 3. When Dangers become demonstrable , when Religion it self , and the very Foundations of Government are so undermined by the Insinuations of an inconsiderable party , who have obtained the Ear of their Prince , that its unavoidable Ruine must necessarily follow . In this Case I cannot see any Reason why Right may not be as●erted . But , 4. When a Foreign Prince with a considerable Army Invades a Nation , upon pretence of putting a stop to such violent Proceedings , besides , perhaps some just Causes of a War ; I say in this Case , That the whole Nation may and ought to rise and put themselves in such a Posture , that they may be able to return him Thanks acording to the Merits of his Favours , without being jealous of his Greatness . And indeed our present Case is so circumstantiated , that I Question whether it may be paralle'd in History ; and let any Man tell me where the Subjects of a Limited Monarchy , tired out with the Abuses of Government , did by sighting for their King encourage Oppression by the Blood of Thousands , when they might effect a Treaty in all probability with little or no Bloodshed , by joining with a Prince of their own Interest , who , perhaps , can shew more just Causes of a War than one ? Diss. I must confess what you have said seems to carry a great deal of Reason and Moderation with it , which I must allow . Ch. Let but a moderate Papist lend me one grain of his own Principles , and I am confident he cannot but be of my Mind ; for may we but modestly measure the King 's future Proceedings ( had we trusted him with Victory ) by those we had already seen , how dismal would the Prospect be ? Should we but recollect how barefacedly he has been striking at the Northern Heresy ever since the Oxford Parliament ; what Mercy could we expect ? How far some of the Protestant Nobility were engaged in an Association to assert their Rights , I shall not here pretend to determine , but this we may modestly presume , That all their Crimes were seen through a Popish Magnifying-Glass , and no Artifice neglected to ruine them . An ingenious Gentleman was deservedly applauded for his Rhetorical Colours in the Narrative of that Conspiracy , and I was well pleased with a Gentleman's Fancy , who imagined another Interest would now engage him to atone for his unhappy Continuance in the High-Commission Court , by Writing what he observed of the Popish Designs , during his stay there . Another eminent Instance of those Violences which were Encouraged above , was the Presenting Two and fifty Persons in the County of Northampton as disaffected to the Government , and branding them with all the Scandals imaginable ; many of which I personally know to be as Faithful to the Crown , and in all Respects as honest and worthy Gentlemen as any in the Kingdom . But to come nearer the Present Conjuncture , how were our Law , Properties , and all , prostituted by a few Dispensing Gentlemen , some of them perfectly incapable of any Place of Trust , and all of suspected Integrity . How surprizing was it to see persons of the most contemptible Character placed among our Bishops ; and all the sacred Authority lodged in a Court which was erected against an express Act of Parliament ? What a Riddle was it that our learned Prelates ( hitherto the great Supporters of the Crown ) should be Imprisoned for acting according to their Consciences , in refusing to Read that which pretended to establish the greatest Liberty of Conscience ? Could any one that saw Six hundred Scholars up in Arms , and chearfully demonstrating their Loyalty in the Western Rebellion , ever think to see the Fellows of Magdalen Colledg ingratefully turned out like Dogs , and perhaps one of the finest Foundations in Europe , become a Kennel for Miscreants , who were more unworthy to be Members of an University , upon the account of their Insufficiency , than they were incapable of it by Law ? It seem'd almost a Jest to me to see in Christ-Church persons of that eminent Character and Learning , superintended by a Wretch not fit for common Converse . In which Society there is a Person in whom the Gentleman and the Scholar do very eminently meet , and who for his happy Conduct and great Care to maintain the Repute of that Colledg during these Violences , has certainly now all the Title to the Deanry that either merit , or the common Rules of Gratitude can afford him . But to proceed , I say to see how all Freedom of Elections to Parliament was in a manner taken away ; how the Poll at Northampton was like to be Regulated by Powder and Bullet , and the whole Government managed by Father Petre , Pen , Lob , and a few more such mercenary Wretches ; and all this to introduce a Religion contrary to Scripture , and destructive of all Society , for which we expected great things would have been said while the Asserters of it had Command of the Press , and the Countenance of a Prince , yet nothing was produced but Fallacy and Nonsense : These , I say , ( not to mention the subverting Succession , a League with France , and those horrid Murthers laid to the Court ) are Provocations too great even for Primitive Obedience : But seeing these Violences have in all probability found their period , and the Betrayers of God and their Country are now coming to Answer for themselves , I shall leave further Reflections to a free and unbyass'd Parliament . Diss. Ay , but what was it that encouraged these Violences ? Was it not your unseasonable Zeal for an unlimited Obedience ? your Oxford Decree , and such like Monuments of the Heats of that Age ? Ch. Why , to tell you sincerely my Opinion in the Case ; I am perswaded there were Two Parties in the Nation undermining the Government ; the one by more secret and mysterious Methods endeavoured to introduce Popery ; the other by more evident and bare-faced Proceedings , attempted the Extirpation of Monarchy : Therefore the Generality of the Churchmen being more sensible of the Designs of the latter , endeavoured to stand like Moses in the Gap with those you term unseasonable Doctrines , which I also take to be the Occasion of the Oxford Decree ; for though in my own private Opinion I never approv'd of it , but wished it might have perish'd in the same Rogus with the Books it condemned ; yet I am so well satisfied of the Learning and Integrity of those worthy Gentlemen who were chiefly concerned in it , that I do really believe it was only promoted for the Preservation of the Government . Diss. Ay , you Churchmen have such a way of Respecting one another , that you had like to have fooled us , and your selves out of all ; neither could I ever find you were sensible of the approaching Calamities , till Oppression touch'd your own Copy-holds . Ch. What you object to us in this Case seems to redound to our greatest Honour : for by our Principles we had always such a Reverence for Monarchy , that we were willing to connive at the failings of a Prince as long as we could ; but having our Rights established by Law , we knew when we came to be oppress'd : The very Foundations of our Government were assaulted , and so we were forced to make Enquiry into our Constitutions . Diss. So then at length you will acknowledg the Prince of Orange not only to be a great , but a just Deliverer . Ch. Since I have been better acquainted with the horrid Designs of our Adversaries , and found the Contest to be only between Papist and Protestant , I am not only highly sensible of the Prince's Generosity , but have inserted the Justice of his Cause from the marvellous Providences when have wrought his Success : It is certainly part of his Character , that as his first Pretences were modest , so Fortune has not tempted him to exceed them ; and we have still all the Reason in the World to imagine that he only generously designed to relieve us from Oppression , without any sinister Intent of making himself Great : The Noble Cause he has undertaken is the Protestant Interest , and I doubt not but the Lord of Hosts will fight his Battels . Indeed the Success of this his first Enterprize has been so wonderful and surprizing , that it will make an Annal suspected , and seem a Fable to Posterity : For who will believe that a King , who , had he acted agreeably to the true Interest of Himself and People , might have been almost the Balance of Christendom , who was prepared with a standing Army , and always Remarkable for his Conduct in War , should be invaded by a near Neighbour , Son , and Nephew ; and now in a Months time so generally deserted by his Nobility , Gentry , and Military Forces , as to choose , before the Sword was drawn , to fly for Refuge to a Prince whose Title he and his Ancestors had long disputed ? This , I say ( as the Learned Dr. Burnet Argues at large ) was the Lords doing , and ought to be marvellous in our Eyes . Diss. It was indeed an unparall'd Act of Providence ; but now our Deliverance is so far Compleated , what are you Churchmen willing to do towards an Accommodation , and to the Healing of those Differences which in a great measure have contributed to the Growth of Popery ? Ch. Though it be far above my Character to dictate what is fittest to be done at so great and difficult a Conjuncture , yet my humble Wishes , are , that the Guardians and Supporters of our Church may resolve upon such Condescentions as may satisfy reasonable Men , and prevent any longer Dissensions amongst us : Yet this I would advise you and your Party , i. e. to stay till you are Invited , and not to thrust your selves into our Church : We are now in the hopeful Crisis of our Fever ; and therefore you ought to take care left by tampering too much , you disturb Nature in those methods she has took to digest her Humours , and so ruine all . I am not ignorant that at the beginning of the Reformation when a Church was to be made out of a Church , several Ceremonies were retained in Compliance to that Age , which a violent ; Alteration would have too much surprized ; but now , the Humours of Men being changed , may justly be laid aside . On the other hand , I am perswaded with the Author of Foxes and Firebrands , that Rome has all along been industrious to foment our Divisions , by sending us Emissaries , who could artificially dissemble a tender Conscience , and make credulous People believe that all the Decencies of our Worship were nothing but ●oppery , Superstition , and the Remainders of Popery : Therefore I say my Wishes are , that a Free and Unbyass'd Parliament will tread the middle path , bearing an equal Respect to the Decenies of our Church , and the tender Consciences of reasonable Men. Diss. Well , Neighbour , I am heartily glad to see these happy effects of our Calamities ; and , as I think , there can be no Government so perfectly appointed as to satisfy all , yet I approve so well of your Temper and Wishes , that I hope we may all Unite upon such or the like terms . Ch. Therefore to end our Dispute , I shall only now detain you with my hearty Prayers , that the Result of this ensuing Convention on Ian. 22. may be happily to settle the Crown ; and that in the succeeding Parliament , the management of these Difficulties may fall into the Hands of such Wise and Unbyass'd Persons , that Peace and Truth may be established upon everlasting Foundations , and no sinister Interest interrupt so great a Design . Diss. Sir , you have infinitely encouraged me to wait upon you oftner , we being I think now either both Churchmen , or both Dissenters . Ch. Sir , The Design of this Conference was to tell you freely my Sentiments , and I intend ere long to make it more publick , being willing to provoke some more learned and judicious Pen to perfect what I have here weakly attempted . Farewel . His Majesties Letter to the Lords and Others of his Privy Councel . JAMES R. MY Lords , When we saw that it was no longer safe for Us to remain within Our Kingdom of England , and that thereupon . We had taken Our Resolutions to withdraw for some time , We left to be communicated to you and to all Our Subjects , the Reasons of Our withdrawing : And were likewise resolved at the same , time to leave such Orders behind Us to you of our Privy Councel , as might best suit with the present state of Affairs : But that being altogether unsafe for Us at that time ; We now think fit to let you know , that though it has been Our constant care since Our first Accession to the Crown , to govern Our People with that Justice and Moderation , as to give , if possible , no occasion of Complaint ; yet more particularly upon the late Invasion , seeing how the Design was laid ; and fearing that Our People , who could not be destroy'd but by themselves , might by little imaginary Grievances , be cheated into a certain Ruine : To prevent so great Mischief , and to take away not only , all just Causes , but even Pretences of Discontent ; We freely , and of our own accord redressed all those things that were set forth as the Causes of that Invasion : And that we might be informed by the Councel and Advice of our Subjects themselves , which way we might give them a further and a full Satisfaction , We resolved to meet them in a Free Parliament ; And in order to it , We first laid the Foundation of such a Free Parliament , in restoring the City of London and the rest of the Corporations to their ancient Charters and Priviledges ; and afterwards actually appointed the Writs to be issued out for the Parliaments meeting on the 15 th of Ianuary : But the Prince of Orange seeing all the Ends of his Declaration answered , the People beginning to be undeceived , and returning apace to their ancient Duty and Allegiance ; and well fore-seeing that if the Parliament should meet at the time appointed , such a Settlement in all Probability would be made , both in Church and State , as would totally defeat his ambitious and unjust Designs , resolved by all means possible to prevent the meeting of the Parliament : And to do this the most effectual way , he thought fit to lay a restraint on Our Royal Person ; for as it were absurd to call that a Free Parliament , where there is any force on either of the Houses , so much less can that Parliament be said to act freely where the Soveraign , by whose Authority they Meet and Sit , and from whose Royal Assent all their Acts receive their Life and Sanction , is under actual Confinement . The hurrying of Us under a Guard from Our City of London , whose returning Loyalty We could no longer trust , and the other Indignities We suffered in the Person of the Earl of Feversham when sent to him by Us ; and in that barbarous Confinement of Our own Person , We shall not here repeat , because they are We doubt not by this time very well known ; and may , we hope , if enough considered and reflected upon , together with his other Violations and Breaches of the Laws and Liberties of England , which by this Invasion he pretended to restore , be sufficient to open the Eyes of all our Subjects , and let them plainly see what every one of them may expect , and what Treatment they shall find-from him , if at any time it may serve his Purpose , from whose Hands a Soveraign Prince , an Uncle , and a Father could meet with no better Entertainment . However , the sense of these Indignities , and the just Apprehension of further Attempts against Our Person , by them who already endeavoured to murther Our Reputation by infamous Calumnies ( as if We had been capable of supposing a Prince of Wales ) which was incomparably more injurious , than the destroying of Our Person it Self ; together with a serious Reflection on a Saying of Our Royal Father of blessed Memory , when He was in the like Circumstances , That there is little distance between the Prisons and the Graves of Princes ( which afterwards proved too true in His Case ) could not but persuade Us to make use of that which the Law of Nature gives to the meanest of Our Subjects of freeing Our selves by all means possible from that unjust Confinement and Restraint . And this We did not more for the Security of our own Person , then that thereby We might be in a better Capacity of transacting and providing for every thing that may contribute to the Peace and Settlement of Our Kingdoms : For as on the one hand , no change of Fortune shall ever make Us forget Our Selves , so far as to condescend to any thing unbecoming that High and Royal Station , in which God Almighty by Right of Succession has placed Us : So on the other hand , neither the Provocation or Ingratitude of Our own Subj●cts , nor any other Consideration whatsoever , shall ever prevail with Us to make the least step contrary to the true Interest of the English Nation ; which We ever did , and ever must look upon as Our own . Our Will and Pleasure thereof is , That you of Our Privy Councel , take the most effectual care to make these Our Gratious Intentions known to the Lords Spiritual and Temporal in and about Our Cities of London and Westminster , to the Lord Mayor and Commons of our City of London , and to all Our Subjects in general ; and to assure them , that We desire nothing more , than to return and hold a Free Parliament , wherein We may have the best Opportunity of undeceiving Our People , and shewing the Sincerity of those Protestations We have often made of the preserving the Liberties and Properties of Our Subjects and the Protestant Religion ; more especially the Church of England as by Law establish'd , with such Indulgence for those that dissent from Her , as We have always thought Our selves in Justice and Care of the general Welfare of Our People bound to procure for them . And in the mean time You of Our Privy Councel , ( who can judg better by being upon the place ) are to send Us your Advice , what is fit to be done by Us towards Our returning and the accomplishing those good Ends. And We do require you in Our Name , and by Our Authority , to endeavour so to suppress all Tumults and Disorders , that the Nation in general , and every one of Our Subjects in particular , may not receive the least Prejudice from the present Distractions that is possible . So not doubting of your Dutiful Obedience to these Our Royal Commands , We bid you heartily Farewel . Given at St. Germans on Laye the 4 / 4 Ianuary 1688 / 9. And of Our Reign the fourth Year . By his Majesties Command . MELFORT . Directed thus , To the Lords , and Others of our Privy Councel of Our Kingdom of England . Some Remarks on the late Kings pretended Letter to the LORDS , and Others of his Privy Council . IT begins thus , My Lords , When we saw that it was no longer safe for us to remain within our Kingdom of England , &c. His Majesty would have given great Satisfaction to the World in discovering where the Danger lay in tarrying here ; from whom , and for what cause . He is pleased to say farther : We now think fit to let you know , that though it has been our constant care since our first Accession to the Crown , to govern our People with that Iustice and Moderation as to give , if possible , no occasion of Complaint , &c. I do not understand why his Majesty would not let us know these his Gracious Intentions before , when they might have done Himself and Us Good. But quid verba audiam cum facta videam , to what purpose are Words when we see Facts ? And as to his Moderation , I appeal to the Pope himself , or the French King , who chiefly blame him for his Rashness and want of Temper ; and as for his Justice , among a thousand publick Instances to the contrary , he should remember his discountenancing and turning out of their Employments all such as would not enter into his Idolatrous Worship , and comply with his illegal and arbitrary Designs . Besides , what Justice can Hereticks expect from a Prince , who is not only a Papist , but wholly devoted to the Order of the Jesuits , and values himself for being a Member of those Reverend Cut-throats ? Yet more particularly upon the late Invasion , seeing how the Design was laid , and fearing that our People , who could not be destroyed but by themselves . The Design was to preserve the Nation from falling under the cruel Dominion of the French , and to keep our selves from being dragg'd by the Hair of the Head to Mass , and from undergoing all those Miseries which those of the same Religion , and for the same Cause , have endured now lately in France and Savoy . To prevent so great a Mischief , ( that is to say , destroying our selves , ) and to take away not only all just Causes , but even Pretences of Discontent : We freely and of our own accord , redrest all those things that were set forth as the Causes of that Invasion . I appeal to the common Faith of Mankind touching the Insinserity of these Words , whether if this Invasion had not been , these and worse Grievances had not followed . And that we might be informed by the Counsel and Advice of our Subjects themselves , which way we might give them a further and full Satisfaction ; We resolved to meet them in a Free Parliament , &c. The late Kings of England have been as desirous of a Parliament as Popes of a Free and General Council ; there being nothing they have more studiously avoided , and greatlier feared . But the Prince of Orange seeing all the Ends of his Declaration answered , the People beginning to be undeceived , and returning apace to their ancient Duty and Allegiance , resolved by all possible means to prevent the meeting of the Parliament , &c. How far the Prince of Orange has been from preventing the meeting of a Parliament , we need only consult our senses . The hurrying us under a Guard from our City of London , whose returning Loyalty we could no longer trust , and the other Indignities we suffered in the Person of the Earl of Feversham , when sent to him by us , and in that barbarous Confinement of our own Person , we shall not here repeat . Do's any Man think the Prince of Orange would have had the same gentle Treatment from the King , had he been in like manner under his Power ? And as to the Kings concernment for the unheard of Suffering of the E. of F. I do not wonder at it , having ever had so little Affection , or rather so great an Antipathy to his English Subjects . This will be sufficient to open the Eyes of all our Subjects , and let them plainly see what every one of them may expect , and what Treatment they shall find from him , if at any time it may serve his Purpose , from whose Hands a Soveraign Prince , an Vncle , and a Father could meet with no better Entertainment . All wise and good Protestants are so certain of happy times under the Government of this most excellent and incomporable Prince , that they have nothing left to fear or desire , but that God would preserve him from the Hellish Fury of the Papists And as to all these Relations of a Soveraign Prince , an Uncle , and a Father : The King would have done well to have acquitted himself to the Prince as became all these Relations . However the Sense of these Indignities , &c. And as if we had been capable if supposing a Prince of Wales . I believe and know that the Conscience of a Popish Prince , wholly under the Conduct of the Jesuits , will find no Difficulty in consenting to so pious a Fraud , provided it can be carryed on with all prudent Cautions . For as on the one hand , no change of Fortune shall ever make us forget our selves , so far as to condescend to any thing , unbecoming that High and Royal Station , in which God Almighty , by right of Succession has placed us . So on the other hand , neither the Provocation or Ingratitude of our own Subjects , nor any other Consider●tion whatsoever , shall ever prevail with us to make the least step , contrary to the true Interest of the English Nation . His Majesty's sincere Friend the French King , with whom he now enjoys a nearer Converse , will also concur with him in this good Design of promoting the true Interest of England . And as to his Majesty's Inclinations to Mercy , and passing by Provocations , we need mention no other Instances , but those in the West , where the Cruelties exercised on those unfortunate People , cannot be parallel'd in any History of Barbarians . Our Will and Pleasure therefore is , that you of our Privy Council , take the most effectual care , to make these our gracious Intentions known to the Lords Spiritual and Temporal , and to all our Subjects in general , and to assure them that we desire nothing more , than to return and hold a Free Parliament , wherein we may have the best Opportunity of undeceiving our People , and shewing the Sincerity of those Protections of preserving ( especially ) the Church of England as by Law established . A Man wou'd wonder any Prince that overlooks what his Secretary writes , should suffer such apparent and palpable Untruths to pass : For it is not manifest to all the World ; That the late King , through the Jesuits Counsel , did all that was possible to weaken and overturn ( especially ) the Church of England , as well by open Declarations and Practices , as by more secret Ways and Contrivances , inciting one part of his Protestant Subjects to destroy the other , and then immediately after exposing them for it , and encouraging and inspiring these later with a Spirit of Revenge and Retaliation ▪ And thus having briefly ran over whatever seems material in this Letter , I shall desist from Repetitions , and insisting on mere words of Course , and Matters of form , seeing this would be to tire to Reader 's Patience , and a lesning of his Judgment . Reasons for Crowning the Prince and Princess of Orange King and Queen jointly ; and for placing the Executive Power in the Prince alone . WHereas the Grand Convention of the Estates of England , have asserted the Peoples Right by declaring , That the late King James the Second , having endeavo●red to Subvert the Constitution of the Kingdom , by breaking the Original Contract between King and People : And by Advice of Iesuits , and other wicked Persons , having Violat●d the Fundamental Laws : And having withdrawn himself out of this Kingdom , has Abdicated the Government , and that the Throne is thereby Vaca●t . For which Misgovernment He has forfeited the Trust of the Regal Inheritance of the Executive Power , both in Himself , and in His Heirs , Lineal and Collateral ; so that the same is devolved back to the People , who have also the Legislative Authority ; and consequently may of Right Give and Dispose thereof , by their Representatives , for their future Peace , Benefit ; Security , and Government , according to their good Will and Pleasure . And forasmuch as it is absolutely Necessary , that the Government be speedily setled on sure and lasting Foundations , and consequently , that such Person or Persons be immediately placed in the Throne , in whom the Nation has most reason to repose an entire Confidence : It therefore now lies upon Us to make so Judicious a Choice , that we may , in all Humane Probability , thereby render Ourselves a Happy People , and give Our Posterity cause to Rejoice , when they shall read the Proceedings of this Wise and Grand Convention . Who is it therefore that has so highly Merited the Love and good Opinion of the People , the Honour of Wearing the Crown , and Swaying the Scepter of this Land , as His Illustrious Highness the Prince of Orange ? who with so great Expence , Hazard , Conduct , Courage , and Generosity , has happily Rescued Us from Popery , and Slavery ; and with so much Gallantry Restored Us to Our Ancient Rights , Religion , Laws , Liberties , and Properties : for which Heroick Action , we can do no less , in Prudence , Honour , and Gratitude , than Pray Him to Accept Our Crown . II. It is better to settle the Exercise of the Government in One who is not immediate in the Line , than in One that is ; ( 1. ) Because it is a clear Asserting of a Fundamental Right , that manifests the Constitution of the English Government , and covers the Subjects from Tyranny and Slavery . ( 2. ) It cuts off the Dispute of the pretended Prince of Wales . ( 3. ) The old Succession being legally Dissolved , and a new one made , the Government is secured from falling into the Hands of a Papist . III. The making the Prince and Princess of Orange King and Queen jointly , is the Nation 's Gratitude and Generosity : and by re-continuing the Line in Remainder , is manifested the inestimable Value the People have for the two Princesses , notwithstanding the Male-administration of the Unhappy Father . IV. The present State of Europe in General , and of these Kingdoms in Particular , require a Vigorous and Masculine Administration . To recover what 's lost , rescue what 's in danger , and rectify what 's amiss , cannot be effected but by a Prince that is consummate in the Art both of Peace and War. Tho the Prince and Princess be King and Queen jointly , and will equally share the Glory of a Crown , and we the Happiness of their Auspicious Regin : yet the Wisdom of the Grand Convention is manifested , First , In placing the Executive Power in One of them , and not in Both ; for two Persons , equal in Authority , may differ in Opinion , and consequently in Command ; and it is evident no Man can serve two Masters . Secondly , It 's highly necessary and prudent , rather to vest the Administration in the Husband , than in the Wife . ( 1. ) Because a Man , by Nature , Education and Experience , is generally rendred more capable to Govern than the Woman . Therefore , ( 2. ) the Husband ought rather to Rule the Wife , than the Wife the Husband , especially considering the Vow in Matrimony . ( 3. ) The Prince of Orange is not more proper to Govern as he 's Man , and Husband only , but as he is a Man , a Husband , and a Prince of known Honour , profound Wisdom , undaunted Courage , and incomparable Merit ; as he 's a Person that 's naturally inclin'd to be Just , Merciful and Peaceable , and to do all Publick Acts of Generosity for the Advancement of the Interest and Happiness of Humane Societies , and therefore most fit under Heaven , to have the sol● Executive Power . A LORD'S Speech Without Doors , To the Lords upon the present Condition of the Government . My Lords , PRay give me leave to cast in my Mite at this time upon this great Debate ; and though it be with an entire dissent to some Leading Lords , to whom I bear great reverence , it is according to my Conscience , and that is the Rule of every honest Man's Actions . My , Lords , I cannot forbear thinking , that a greater Reproach can hardly come upon any People , than is like to fall upon us Protestants , for this unpresidented usage of our poor King : We feared the security of our Religion because of Him , and are now like to Violate a great part of it by forfeiting our Loyalty towards Him ; Religion is the Pretence , but some fear , a New Master is the Thing : This I take to have been to Business of to Day ; for , notwithstanding we see how feeble a thing Popery is in England , that it is beaten without Blows , and routed so effectually , that it can never hope , nor we justly fear , it should return upon us , and consequently our Religion pretty secure , yet I don't see that this satisfies us , unless the King goes also : He must be turned away , and the Crown change its Head ; for if the Crown be not the Quarrel more than Property , and his Majesty's Person than his Religion ; Why did not the Prince stop , when he heard a Free Parliament was calling by the King's Writs , ( where all Matters , especially that of the Prince of Wales , might have been considered ) or at least , where his Majesties Commissioners of Peace met ●im ? Who advised him ●o ad●ance , and give his Majesty that apprehension of ●is own insecurity ; and if any thing but a Crown would have served him , Why was a Noble Peer of this House clapt up at Winsor , when his Majesty sent him on purpose to invite the Prince to St. Iames's ? a Message that affected all good Mens Hearts more then any thing , but his Majesty's return , it look'd so Natural and Peaceable . But it seems , as if it had been therefore affronted , for the Invitation could not have been received without the King 's remaining King ; and who was there that did not lately say , it should be so ? I and who is there now that does not see it is not so ? We can , my Lords , no longer doubt of this , if we will remember that the same Night the Prince should have answered his Majesty's kind Message , The King's Guards were changed , and at midnight the Prince's Guards were clapt upon hi● Majesty's Person ; and which is yet more extravagant to accomplish the business , Three noble Lords , in view , were sent to let him know , It was not for his safety , or the Princes honour , that he should stay in his own Palace . A strange way , my Lords , of treating ones own King in his own House . I cannot comprehend how it was for the Prince's Honour the King should go against his Will ; or how it was against his Honour that his Majesty should be safe in his own House : I leave it with your Lordships to think who could render the King's stay unsafe at White-hall after the Dutch Guards were posted there ? My Lords , this I confess is the great Iniquity that sticks with me , and deserves our severest Scrutiny and Reflection ; that after driving our King away , we should offer to ●ddress our selves to any Body to take the Government as if he had formally disserted it : It becomes us rather to ask ▪ Where the King is ? how he came to go ? and who sent him away ? I take the Honour of the Pe●rage of England to be deeply ingaged , both at Home and Abroad , to search but this Minor , and especially those who are now present , most of whom owe their share i● th●t noble Order to his Majesty , his Brother , Father , or Grandfather . It is not unreasonable to believe the King had not gone at first , but upon some Messag● sent , and Letters received , to take care of his Person , for that nothing less than the Crown was intended ; but being not out of his own Territories , and therefore no Dissertion , Abdication , or Remise , as the Criticks of the Conjuncture we are under pretend , ( for the King may be where ●e will in his own Kingdom : ) we ●ee while it was in his choice to go , he returned , and by as good as our advise too ; so that we cannot in truth say his Dissertion is the cause ; for it is plainly the Effect of our late extraordinary proceedings . If any should say , He needed not have gone now : it is a great mistake , for ● King ought to go , if he cannot stay a King in his own Kingdom , which Force refused to let him be : And to stay a Subject to another Authority , had been a meaner forfeiture of his Right , then can in justice be charged upon his Retirement : Wherefore his going must and will lie at their Doors that set him an hour to be gone out of his own Palace , Many are angry ( and yet pleased ) that he is gone for France ; but where , my Lords , should he go ? Flanders dared not receive him : Holland , you could not think he should go to ; and Ireland you would have liked less ; and when we consider how far a League with France has been made the cause of his Misfortune ( though to this day it is in the Clouds ) what other Prince had the same Obligation to receive and succor him : Therefore whatever Arts are used to blacken his Retreat , we cannot , with any shew of Reason , imagine that he could think himself safe with us , that had exercised Soveraign Power without him our Soveraign Lord , and under the protection of a Forraign Prince and his Army ; though at the same time , we had Sworn Allegiance to him , and that it was unlawful for us to take up Arms against him under any Pretence whatever . My Lords , if this be not virtually and in effect to pull the Crown off his Head , and dethrone him unheard , I am to learn my Alphabet again . This is short warning to give Kings , for us at least , my Lords , that boast of Loyalty , and were brought to these Seats by the favour of the Crown . What can other Nations think of the Nobility of this , if we come not to a juster temper ? God defend us , and our Children after us , from the ill Consequences of what has been done , and prevent the rest . Had we imbraced the happy Providence of his Majestyes return , we might have improved it , that the Children unborn should have blessed us : Then we had reformed safely , for by joyning Title to our Actions , we had made them legal : This we should have had from his Majesty , or a plain denial , which would in some measure have excused so rare and unusual an Enterprise : Nor can I comprehend which way it is possible to guard the Prince's Honour , but by doing his Majesty Rights , for your Lordships may please to remember , that in the Memorial of the States , that was printed among us , which they gave to all the publick Ministers at the Hague , to justify their lending the Prince their Forces upon this Expedition , they do expresly say , It was upon condition not to dethrone the King , or alter the Succession ; and in my Opinion we are in the high way to both . My Lords , we are Protestant Christians , as well as Peers of the Realm ; and are now upon our Religion and Conscience , as well as Honour , to do right : Let us so act as we can answer it to God and Man , and not stumble at Straws and leap over Blocks : Errors cannot be corrected by committing greater ; nor one part of the Government be mended , by beating out another to do it . I need not tell your Lordships , that by our Laws , Kings cannot err , and therefore they are not accountable , but their Ministers are , without whom a King cannot perform any Act of Government , which is the reason of the Maxim ; and therefore let them be punished that the Law only makes guilty . This our wise Ancestors contrived to save the Head of the Government whole , and to prevent the Confusion and Disorder that might otherwise be apt to attend the Form of it ; nor is it indeed a thing that ought to be indured by us Peers , to suppose that he that raised us so high , could be for any Reason thrown by us so low . My Lords , Let us limit the King if you please , but not renounce Him ; there is a difference between restraining and destroying Him. What need of such extraordinary Remedies , since that which secures the Government under one King , will do it under another ? Popery it self can never come in but over the Bridg of Despotick or Absolute Power ; and if we can secure our selves from that , we are as safe against Opinion as against Ambition ; and till we are so by an Amendment of our Constitution , we are exposed to the meer good Nature of the Prince in Possession who●ver he be . And to render what I have said to your Lord●hips not unreasonable , and what I have to move your L●rdships to , in the close of my Speech , not ungrateful ▪ ● beseech your Lordships that we may cast up our Account ●nd see how our Loss and Gain stands , so far as we have gone in our late Change. ●e have lost a lawful King , and got an unlawful Protector , as our Law stands ; we have missed a Legal and a Free Parliament , and have got a Convention that cannot make Laws , nor call a Parliament that can , but what will need a Confirmation from a better Authority . We have lost the Reputation of keeping our Faith with Hereticks , by breaking our solemn Oaths with our King , in the time of his Extremity , because we thought him such , though he gave us leave to lay down our Commissions , that we might not have the Temptation or occasion to betray Him ; But we have got the Reputation of good Protestants by it ; though I fear , not of good : Men , in that some of us have not only not shown our selves religiously concerned for our Religion , but in some respect , not honestly ; that besides a thousand personal Immoralities , could press Advance Mony from the King over-night , to bear the charges of disserting Him next day , against our warm and repeated Vows , to take his Fate , and d●e at his Feet ? and that any of us should be sainted for this Treachery , and numbred among the Heroe● for our running away , cannot surely be the Lords doing , let Dr. Burnet say what he will , and yet it is very marvellous in some Mens Eyes for all that . These are the Sparks , my Lords , that hunt the poor Kings Blood , though we know they had hardly had any in their Veins but for his Bounty and yet are the Favorites of the Reformation . For Christ's sake , my Lords , let us not at this rate christan Villany , and rank Dishonesty among the Graces . Popery it self could not have done more , and it is certain , we are even with the Papists now to all Intents and Purposes . This is not all our Loss , we have rebelled against the fifth Commandment also , Honour thy Father ; and though we have got that of leaving Father for the sake of Religion , we could have but little Religion to do it in such a manner , to so affectionate a Father ; nor did it lessen the Error , to have a Church of England Apostle to be Captain of her Life-Guard , in his blew Coat , and Iack-Boots , and an arrant tempora● . Sword in his Hand , to defend natural Affection and passive Obedience . This was an odd sort of Compliance with our Saviour's Command , to put up his Sword , as one of St. Peters Successors . My Lords , I m●st not stop here ; we thought we had been rid of 〈◊〉 Souldiers , but find we have got as many Papists in our Dutch , we had in our English Army : Now it is plain , that either all ●●pists are not alike , and then the Danger we have apprehended from Papists , is not universal , as we have affirmed , but that they are to be lived with , since we are to be saved and guarded from the Danger of Popery by them ; or we have ill luck to think we can be safe from that Religion by those that are of it , because they are Dutch-men . My Lords , I am sorry we can take such Pleasure to see Strangers tread our Courts , pray God it does not show the way to other Countries to take their turns . But that a Dutch Papist should be so harmless a thing with us , that though no Papists could be so , shows our Contradictions to a Madness . I know not how well our Souldiers like to give way to Dutch-Men , that though they had purchased a Preferance to Strangers at a dear rate ; but it is the justest thing in the World upon them , that the Prince should distrust those to guard him , that had betrayed their own Master that loved them to a fault ; they may serve to be sent for Holland , to be knookt on the Head in the Dutch-mans quarrel , but never to be trusted at home , though they have given up their Quarters with their King to Foreigners , so that the Proverb is true upon them , they have hereby brought their Noble to Nine-pence . Yet to be just , I must confess it is a Reproach due to their Officers , and not all of them neither , and time may give those the Opportunity to retrieve the Credit they have lost by other Mens Faults . We were also very apprehensive of the ill Consequences of the dispensing Power , especially in the case of Sr. Edward Hales ; but it seems the Common Council of London are forbid to take the usual Oaths , and yet required to act , which is an unqualified Capacity . We were in hopes we had lost a rude Army , but we have found a ruder ; twenty places cry out of them ; and Kingstone certainly with great Justice , that in two Nights time was two hundred Pounds the worse for them . And for Closseting we have got Questioning , that they that won't enter into Associations to protect the Prince of Orange , without one of our King , is to have no Imployment ; so that if the Prince should take the Crown , I am bound to defend him against my own King , and my sworn Allegiance though he come in the right of his Crown . Believe me , my Lords , it is the boldest bid that ever Men made ; I see Forty one was a Fool to Eighty eight ; and that we Church of England Protestants shall cancel all the Merits of our Fathers , overthrow the Ground and Consequence of their most exemplary Loyalty to King Charles the first and second , render their Death , the Death of Fools , trample their Memories and Blood under our Feet , subject our selves to the just Reproach of the Phanaticks , whose Principles and Practices we have outdone , even to that King that we forced upon them , and by our Example had brought them to live well withal . God help us , this my Lords makes me say , that either we must turn from being Church-of - England-Men , or steer another course , for it is but too plain that Presbytery is leading us out of our ancient way ; and whether we believe it or no , our Church sinks , and will more , for that is the Interest that suits best with a Dutch Humour and Conjunction ; and be sure , if we are so base to leave our King , God will be so just as to leave us ; and here , my Lords , I shall leave you , with this humble motion , that we make an humble Address to his Majesty to return home to us , that we may act securely , and not go out of the good old way , which may intail Misery upon us and our Posterity . I should think we have had enough of sending our Princes abroad , in that much of the Inconveniency we have lain under since their Restoration , has been chiefly owing to it : We have driven him where we would not have him go , and do what we can to provoke that League we have been afraid of ; and made a great part of the reason of this strange Alteration in the Kingdom . Some tell us , it is too late , but I cannot comprehend the good sence of such an Objection ; Is it at any time too late for a King and his People to agree ? after bloody Battels it has not been thought so , in all times and Nations ; and why it may not be without them , I never heard a good reason yet : If his going was unreasonable , it has hurt him more than us , since we may thence hope for the better terms ; if it was not a Fault to go , it will be a great one in us , if we can have him home upon good terms , and will not ; for if I may with leave speak it , his return is as much our Conveniency as his Advantage . The offensive part of Him is gone , that is to say , the Power of Popery , and what remains is our great Interest to keep and improve to our own Benefit and Safety ; I mean , my Lords , His undoubted Title and Kingship . And whatever some hot Men say , that are more governed by private Avarice and Revenge , then the publick Good of these Kingdoms , I cannot but renew my motion to your Lordships , that we may send a Duke , an Earl , a Viscount and a Baron , and two Spiritual Lords to invite his Majesty home , upon the Constitution of the Government . And my Lords , forgive me if I say , that if we can but get our Iuries , Sheriffs , Iudges , High Courts of Chancery and Parliaments setled as they ought to be ; the Army at least reduced , the Militia better regulated , and a due Liberty of Conscience established to all Protestant Dissenters , and so far to Papists only , as the Law against Conventicles does admit , we may yet be happy ; and upon these terms , my Lords , and no other , will his Highness the Prince of Orange become truly meritorious with the English Nation . Reflections on a Paper called a LORD'S Speech without Doors . THIS Noble Lord would have done ingenuously in letting the World know his Name , and whether he be a Lord or not ; for one cannot gather it from his Liberality , of casting in a mite at this time , when mean People , such as Trades-men , have more generosity , and effectually contributed to the publick Peace and Honour of the Nation . And as to his dissenting to some leading Lords on the account of Conscience ; we are in the dark as to what sort of Conscience his is , whether Papist or Phanatick Conscience , or indeed whether it be any Conscience at all , which makes him differ from some leading Lords ; for the making of Speeches within or without Doors , is no infallible Mark of either . But he says , He cannot forbear thinking that a greater Reproach can hardly come upon a People , than is like to fall on us Protestants . Ah , good Soul , what 's the matter ? Are the Protestants at length found to be the Firers of ●heir own City , or Sr. Edm-B . Godfrey , and the Earl of Essex's Murtherers ? &c. Why no , O it s this unpresidented Vsage of our poor King. A good tender-hearted Jesuit I 'le warrant thee , that has entred ( with Campian ) into an Holy League and Covenant to destroy all Protestant Kings and Princes , unless they become as bigotted to the Society as the poor King was . But let me take the Boldness to ask your Honour one Question ; Is there no time when compassion is due to the Country ? Religion is the Pretence , but some fear a new Master is the thing . And is it any wonder if a new Master be desired , when the old one will not let me serve him , but will destroy me , and perhaps himself too ; this being a clear case , and evident to all Orders and Degrees of Men among us . We see how feeble a thing Popery is in England : and it is , I do not doubt , your Lordships great Grief that your old Master may not be let in again , to strengthen and revive her drooping and almost decayed Spirits . But why did not the Prince stop , when he heard a Free-Parliament was calling by the Kings Writs , where all matters , especially of the Prince of Wales , might have been considered , &c. As to a Free-Parliament , is it not evident to all the World that the King could not bear it ? Besides , who told his Lordship , that his old Master would abide by the Decisions of a Free-Parliament , touching the Legitimacy or Spuriousness of his Prince of Wales ? The Kings Guards were changed , and at Midnight the Prince's Guards were clapt on his Majesties Person . And I pray what harm befel him from this change ? It seems he might , notwithstanding , dispose of himself as he pleased . And was it decent , when his own People forsook him , that he should be left at the Discretion of the Rabble ? It becomes us too to ask where the King is ? how he came to go ? and who sent him away ? A notable Question indeed , and which every Apple-woman , or Broom-man can resolve . But many are angry , and yet pleased . This is Nokes all over : Why then , angry and pleased is one and the same thing with your Lordship . That he is gone for France : but where , my Lords , should he go ? Flanders dared not receive him . Good your Honour why ? is not his Catholick Majesty as zealous and hospitable as the most Christian King ? Ay but the Spaniard had no private Leagues of assisting each other to root out the Northern Heresy , and other Intimacies which every Body must not know of . Holland you could not think he should go to . Yet there was a time when Holland was more kind to him and his Brother than France , and he has rewarded the former very well for it . Therefore we cannot , with any shew of Reason , imagin that he could think himself safe with us , that had exercis'd Soveraign Power without him our Soveraign Lord. Sure I am , no Man of Sense could think himself safe under his Power , that was unwilling to part with his Religion and Property . And under the protection of a Foraign Prince and his Army . And without his Protection , what wou'd have become of us ? Though at the same time we had sworn Allegiance to him , and that it was unlawful for us to take up Arms against him under any Pretence whatever . I would know of your Lordship , Whether the Oath , in your Honour's sence , does not make our Lives and Estates to depend on the Prince's mere Will and Pleasure ? My Lords , let us limit the King , if you please , but not renounce him . Did he tell your Reverence he would be limited ? And was he not limited before ? Besides , a Prince of his Humour , and in his Circumstances , must needs be very easy , and his Subjects very secure , under these Chimerical Limitations . But we had lost a Lawful King ; and gotten a more Lawful , and infinitely Better in his room . Against our warm and repeated Vows , to take his Fate , and die at his Feet . I know not of whom the Gentleman speaks , unless it be of Addressers , whose Dissimulation and deceitful Courtship I have ever more abominated than himself . And that any of us should be numbred among the Heroes for our running away , cannot surely be the Lord 's doing , let Dr. Burnet say what he will. This Gentleman do's very well to put himself among the Run-aways ; but its ' more likely his Reverence wou'd have bin Sainted , and made an Hero by staying behind . For Christ's sake , my Lords , let us not at this rate christen Villany , and rank Dishonesty among the Graces . A Man wou'd take his Lordship now for some Lincolns-Inn - Fields Mumper from his Cant ; but he beggs in earnest , who 's All is at Stake ; I know your Honour's Necessity , the State of who 's Case is briefly this ; The Papists , and especially the Jesuits in their Consults , both at Home and Abroad , for the setting up of Popery , and extirpating the Protestant Religion in England , have come to this decisive Conclusion , that it 's impossible to effect this but under a Popish King. But says he further , This is not all our loss , we have rebelled against the 5th Commandment also , Honor thy Father ; and though we have got that of leaving Father of the sake of Religion , we could have but little Religion to do it in such a manner , to so affectionate a Father . Here his Reverence , I find , is not serious , but jokes on his poor King ; for give me an instance where his Paternal Affection appear'd , unless his Fatherly care of dragging us up in his own Religion be one ? Nor did it , says he , lessen the Error , to have a Church-of-England Apostle to be Captain of her Life Guard , &c. I wou'd ask my Noble Sir here one Question , ( for the Jesuits are wont to be excellent Casuists ) Whether a Churchman , observing his own , and his Neighbours Houses a going to be fired by Rogues , he may not use another Sword besides that of the Spirit , to drive them away ? Now he is troubled , and in great conflicts of Spirit , how our Soldiers are like to give way to Dutch-men . The Dutch Soldiers have behaved themselves with that Civility and Moderation , where-ever they come , as may make others of that Profession blush at a Comparison in this point . However , let not this Matter much afflict your Honour , or Reverence . There will be care taken that our Soldiers shall not give way to Foreigners , nor to every Irish-man , who you know were the Sparks and Darlings of the last Reign . But now it is but too plain , that Presbytery is leading us out of our Ancient Way . Never fear it , good Father , for there 's no danger of either that , or Popery , being the National Religion in England . And having satisfi'd you so far , I am not willing to tire my self with writing Replies to every Word of your Speech without Doors . The Bishops Reasons to Queen Elizabeth , for taking off the Queen of Scots , taken out of Sir S. D Ewes Iournal : offered to the Consideration of the Present Sect of Grumbletonians . FOR that they had a long time , to their intolerable Grief , seen by how manifold most dangerous and execrable Practices , the said Queen of Scots had compassed the Destruction of her Majesties Person , thereby not only to bereave them of the Sincere and True Religion of Almighty God , bringing them and this Noble Crown back again into the Thraldom of the Romish Tyranny , but also utterly to ruinate and overthrow the happy State and Commonweale of this most Noble Realm ; to banish and destroy the Professors and Profession of the True Religion of Jesus Christ , and the Ancient Nobility of this Land , to bring thi● whole State and Common-weale to Forreign Subjection , and to utter Ruine and Confusion ; which Malicious Purposes would never cease to be prosecuted by all possible Means , so long as the said Queens Confederates , her Ministers and Favourites had their Eyes and Imaginations fixed upon the said Queen , the only Ground of their Treasonable Hopes and Conceits , and the only Seed plot of all Dangerous and Traiterous Devices and Practices against her Majesties Sacred Person . And for that , upon advised and great Consultation , they could not find any possible means to provide for her Majesties Safety , but by the just and speedy Execution of the said Queen , the neglecting whereof might procure the heavy Displeasure and Punishment of Almighty God , as by sundry severe Examples of his great Justice in that behalf left us in Sacred Scripture , doth appear ; and that if the same were not put in Execution , they should thereby ( so far as Man's Reason could reach ) be brought into utter Despair of the Continuance amongst them of the true Religion of Almighty God , and of her Majesties Life , and of the Safety of all her Subjects , and of the Good Estate of this flourishing Commonweale . For that she ( the said Queen of Scots ) had continually breathed the Overthrow and Suppression of the Protestant Religion , being poysoned with Popery from her tender Youth , and at her Age joyning in that false termed Holy League and had been ever since , and was then a powerful Enemy of the Truth . For that she rested wholly upon Popish hopes , to be delivered and advanced , and was so devoted , and doted in that Profession , that she would ( as well for the satisfaction of others , as for the feeding her own Humour ) supplant the Gospel where and whensoever she might ; which Evil was so much the greater , and the more to be avoided , for that it slayeth the Soul , and would spread it self not only over England and Scotland , but also into all Parts beyond the Sea , where the Gospel of God is maintained , the which cannot but be exceedingly weakned , if Defection should be in these two most violent Kingdoms . For that if she prevailed , she would rather take the Subjects of England for Slaves than for Children . For that she had already provided them a Foster-father and a Nurse , the Pope and King of Spain ; into whose hands if it should happen them to fall , what would they else look for but Ruin , Destruction , and utter Extirpation of Goods , Lands , Lives , Honours and all ? For that as she had already by her poyson'd Baits , brought to Destruction more Noble-men and their Houses , and a greater multitude of Subjects , during her being here , than she would have done if she had been in Possession of her own Country , and arm'd in the Field against them ; so would she be still continually the cause of the like spoil , to the greater loss and peril of this Estate ; and therefore this Realm neither could nor might endure her . For that her Sectaries both Wrote and Printed , that the Protestants would be at their Wits end , Worlds end , if she should out-live Queen Elizabeth ; meaning thereby , that the end of the Protestant World was the beginning of their own ; and therefore if she the said Queen of Scots , were taken away , their World would be at an end before its beginning . For that since the sparing of her in the Fourteenth Year of Q. Elizabeths Reign , Popish Traitors and Recusants had multiplied exceedingly : And if she were now spared again , they would grow both innumerable and invincible also : And therefore Mercy in that case would prove Cruelty against them all : Nam●st quaedam crudelis m●sericordia ; and therefore to spare her Blood , would be to spill all theirs . And for God's Vengeance against Saul , for sparing the life of Agag , and against Ahab for sparing the life of Benhadad was mo●t apparent , for they were both by the just Judgment of God deprived of their Kingdoms , for sparing those wicked Princes , whom God had delivered into their Hands . And those Magistrates were much conmmended , who put to Death those mischeivous and wicked Queens , Iezabel and Athaliah . And now I would desire our Grumbletonians ( especially they of the Clergy ) to consider how extreamly they have degenerated from the good and laudable Principles of their Fore-fathers . They may see how urgent the Bishops , and others , in Queen Elizabeth's days , were to have the Queen of Scots removed , ( as above said ) and how they encouraged the Queen to assist the Dutch against their Soveraign Lord , when he attempted them in their Religion and Laws ; but now they that first opposed One that has broken the Original Contract between King and People , and done horrid things , contrary to the Laws of God , Nature , and the Land , yet when God , out of his merciful Providence , and singular favour to us all , has inclined him ( being sensible of his own Guilt ) to leave the Throne , these Very Men that first withstood him ( as I said ) begin to pitty him , plead for him , and extol him ; and continually , both in Pulpit , ( for one of them lately said there , That a parcel of Attoms could as soon make a World , as a Convention make a King ) and also in Coffee-houses , mutter and grumble against the Proceedings of the great and Honorable Convention of the Kingdom , and are busy in sending out ▪ and privately scattering their puling Pamphlets , under the Titles of Mementoes , Speeches , and Letters , empty of ought else , but the spleen of a foolish and frustrated Faction . Good God! what inconstancy , folly , and madness possesses the Breasts of these Men ? to what a miserable slavery would they lead us , and how fond and eager do they seem to have him rule over Us , who ( like the Stork in the Fable ) has , and would make it his greatest delight , to devour the best of free-born Subjects ? But , I hope , that in a little time they will know the Things that belong to the Kingdom 's Peace , and dutifully pray for ( tho at present there is no uniformity in their Pulpits save in the Dissenters ) and submit chearfully and thankfully to him whom God has made the Glorious Instrument of our Deliverance from Popery and Slavery . God save King William and Queen Mary . ADVERTISEMENT . ☞ THere is lately published the Trial of Mr. PAPILLON , by which it is manifest that the then Lord Chief Justice Iefferies , had neither Learning , Law , nor good manners , but more Impudence than ten Carted Whores , ( as was said of him by King CHARLES II. ) in abusing all those worthy Citizens who voted for Mr. PAPILLON and Mr. DUBOIS , calling them a parcel of Factious , Pragmatical , Sneaking , Whining , Canting , Sniveling , Prickear'd , Cropear'd , Atheistical Fellows , Rascals , and Scoundrels , &c. as in p. 29. and other places of the said Trial may be seen . Sold by Richard Ianeway , and most Booksellers . FINIS . A TENTH Collection of Papers Relating to the Present Juncture of Affairs in England . VIZ. I. Reflections upon our late and present Proceedings . II. Some short Notes on a Pamphlet , entituled , Reflections upon our late and present Proceedings . III. The Scots Grievances : or , A short Account of the Proceedings of the Scotish Privy-Council , Justiciary Court , and those commissioned by them , &c. IV. The late Honourable Convention proved a Legal Parliament . V. The Amicable Reconciliation of the Dissenters to the Church of England : being a Model or Draught for the Universal Accommodation in the Case of Religion , and bringing in all Parties to her Communion . London printed , and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-●oster-Row , 1689. Reflections upon our Late and Present Proceedings in England . THO no Man wishes better to the Protestant Religion in general , and the Church of England in particular , than I do ; yet I cannot prevail with my self to approve all those Methods , or follow all those Measures , which some Men propose as the only Security both of the one and the other . Never perhaps was there a more proper time wherein to secure our Religion ( together with our Civil Liberties ) than now offers it self , if we have but the Skill and Honesty rightly to improve this critical Opportunity ; but if we shall either let it slip , or abuse it , we may in vain hereafter wish that we had been wise in time ; and have cause to repent of our Error , when it will be too late to correct it . What we do now will transmit its good or ill Effects to after-Ages , and our Children yet unborn , will in all probability , be happy or miserable , as we shall behave our selves in this great Conjuncture . They are likely to enjoy their Religion , Laws and Liberties , according to the old English Standard , if we shall now take the right course to secure them . But if we do ingage in wrong Counsels , and build upon false Foundations , instead of a Blessing we may leave a Curse to our Posterity , and entail upon them Popery , Slavery , Arbitrary Power , and all the miserable Consequences of a divided Kingdom , which ( as sure as the Word of God is true ) can never stand . Let us not therefore be too hasty , but pause a while ; let us make a stop , look about us , and consider , First , What we have done . Secondly , With what Intent we did it . Thirdly , What it is that some Men would be at . And , Fourthly , Whether we can in Honour and Conscience join with them in the Designs now in hand . I shall confine my self to these Heads : But here before I enter upon any of them , I shall take it for granted , that the Prince of Orange hath done a great thing for us , and ( under God ) hath wrought such a Deliverance for the Nation , as ought never to be forgotten , and can never be sufficiently requited . He must be mentioned with Honour and Gratitude , so long as the Protestant Name shall be remembred : He came not as the antient Romans and Saxons , to conquer , and lead in Triumph after him our Religion and Laws , our Lives and Liberties ; but to defend , preserve and secure us in them all . To this end he undertook this dangerous and chargeable Expedition , which hath hitherto proved as much to our Advantage , as it will be to his lasting Reputation : What he has done argues , that he is moved by an higher Principle than any this World affords , and can overlook his own Ease and Security , when the Publick Good , and the Concerns of Christianity require his seasonable Assistance . I could easily make a Panegyrick upon his Vertues , and equal him to the most famous Grecian or Roman Captains ; but I need not set forth his Praises , which do so loudly , and yet so silently speak for themselves . I need not draw any tedious Parallels betwixt his Highness and the Worthies of other Ages , since I am , I question not , herein prevented by all who have read the History of former Times , and are Witnesses of what he ( with so much Courage , Mildness and Prudence ) hath done in this . 1. Things prospered so well under his Conduct , that all of us were ready to submit our selves to his Direction , and come under his Protection , as the Tutelar Genius of the Nation . The Effects of his Enterprise have been so strange , so wonderful and surprising , that had we not seen , we should scarce have believed them . As soon as the Prince was landed , with what Joy and universal good Wishes was the News received ? How forward were all sorts of People to declare for his Highness ? How willing were they to lend him an helping Hand for the accomplishing his great Work ? How did we all generally concur and unanimously agree to forget our Obligations to our Sovereign , and assist the Prince rather than the King against our selves , and his own true Interest ? Nay , the Army it self soon began to go over , chusing rather to he under the imputation of Cowardise and Disloyalty ( which yet a true English-man had rather die than really deserve ) than to be instrumental in enslaving their Native Country , and bringing it again under the Papal Yoke . In short , all Orders of Men , Ecclesiastick , Civil , and Military , had their Eyes fix'd upon the Prince of Orange , as their Common Deliverer , were resolved to espouse his Cause ; and accordingly ( after the King was withdrawn ) did put the Regal Administration into his Hands . 2. So far we have gone ; this we have done ; and we hope that ( the case being extraordinary , and Necessity giving a Dispensation ) the Intent of our proceeding , will at least excuse , if not justify us , if we have not kept our selves within the Common Laws of Action . For let every Man lay his Hand upon his Heart , and seriously ask himself , for what Reason , and with what Intent he became a Party in this general Defection ? Was it utterly to ruin the King and subvert the Government ? Was it because he was displeas'd with the ancient Constitution , and had a mind to mould and fashion it to his liking ? Was it because he had an Intent to shake off the Government ( that easy , equal , and well-poised , and never-enough to be commended Government , as King CHARLES I. calls it ) of the English Nation ? Was it any honest Mans meaning to subvert this Government , to make way for his own Dreams of some Poetical Golden-Age , or a Fanciful Millenium ? Was it ( let me ask again ) to divest the King of all Power to protect his Subjects , and then to pronounce roundly , that all the Bonds of Allegiance to him are dissolved ? Was the end of our uniting together , to bind his Hands , and then prick this Doctrine upon the points of our Swords : Protection and Allegiance are Duties so reciprocal , that where the one fails wholly , the other falls with it ? Was it to frighten the King out of his Dominions , and then to vote that he hath Abdicated his Government ? Was this the Intent , and were these the Reasons of our Declaring for the Prince of Orange ? No , certainly , whatever some obnoxious and ambitious Men might aim at , all good Christians and worthy Patriots had other Intentions , and were led on by other Motives . They were sensibly concerned for the Preservation of their Holy Religion , in the first place ; their Lives , their Laws , and Liberties in the next . After the way , which some call Heresy , so were they desirous still to worship the God of their Fathers : And after that manner which some might say was Rebellion , so they thought themselves oblig'd to stand up for the Laws and Liberties of their Forefathers . For these Ends , and for bringing about these worthy Purposes , they withdrew themselves from the Kings personal Service , that they might be the better enabled to serve his real Interest . They hoped by this means to deliver him from his evil Counsellors , and secure both him and his Subjects from the evil and pernicious Practices of some wicked and unreasonable Men. 3. These and such like were the Inducements which prevailed with all well-affected and honest Men , to withdraw from his Majesty , and suspend the actual Exercise of their Allegiance for the present , that they might afterwards exert it according to the fix'd and stated Rules of Law , Conscience , and right Reason . But now , how contrary is this to those new Models , which some politick Architects are proposing to , or rather imposing upon the Nation ? What is it they would be at ? And what are the Ends they are driving on ? Are they just and good ? Are they generous and honorable ? Or are they not rather such as would undermine the Government both in Church and State , and reduce us to a state of Nature , wherein the People are at Liberty to agree upon any Government , or none at all ? Plainly , they would reduce us to the Dutch , or some other foreign Measures ( which how well soever they may agree with that Country , where they are setled and confirmed , partly by Custom , and partly by the peculiar Necessity of their Affairs ) can never be well received in England , till an Act be passed to abolish Monarchy , Episcopacy , and all the Fundamental Laws establish'd by Magna Charta , and all succeeding Parliaments ever since . The Enquixy into the Measures of Submission to the Supreme Authority , is a Treatise calculated for the times ; but surely it is not written according to the Principles and Practice of the Church of England , in the time of the renowned Queen Elizabeth : I am apt to think , that some regard was then had to the Passages which we find in the Scriptures ( especially the Old Testament ) relating to the Measures of Submission . But these Examples weigh nothing with our Author , because they are not for his purpose , pag. 5 , 6. I am also apt to suspect that Queen Elizabeth would not have thanked any Politician for vending this as a certain and fundamental Principle , That in all Disputes between Power and Liberty , Power must always be proved , but Liberty proves it self ; the one being founded only upon a positive Law , and the other upon the Law of Nature , pag. 4. She , I perswade my self , on the contrary , would have challenged any such States-man to have prov'd his Liberty ; as for her Power ( she would have answered ) it was ready to prove it self against all who should presume to question it . But what 's the meaning of Power being founded only on a positive Law , and Liberty upon the Law of Nature ? Is not a Father's Power founded ( as he grants ) upon the Law of Nature ? and is not all Power , even of the greatest Princes , ( as far as it is just and honest , and for the Benefit of the Subject ) derived from this Paternal Authority of the Father over his Son ? Besides , doth not the Law of Nature prescribe the Necessity of putting Power into the Hands of one or more for the Benefit of the whole , which otherwise would be in danger of destroying it self by intestine Divisions ? In short , If Liberty be founded upon the Law of Nature , so is all just and lawful Power , since the end of it is only to regulate our Liberty , and in truth to make us more free . Liberty in general is a right to use our Faculties according to right Reason ; and the Law in particular tells us which are those Rules of right Reason by which we must govern our selves . And what is Law , but the Commands of the Supreme Power ( where-ever it is lodg'd , in the hands of the Prince , the Senate , or the People , or of all of them together ) ordering what we are to do or avoid , under the Sanction of particular Penalties ? I beg the Learned Author's Pardon for questioning his Measures : in my Judgment they are not taken from the English Standard , and therefore I hope I may without Offence use my Liberty in refusing them ( a Right which proves it self ) till he can prove his Power to impose them . The Enquiry into the present State of Affairs , is a Discourse which seems ( by its bold strokes ) to resemble the former . I will say no more of it but this , If what he there lays down for a certain Truth be really so , then all that follows must be granted , as reasonable Deductions from this fundamental Principle : but if this be false , all that he hath said falls to the Ground , for want of a firm and solid Foundation to support it . Now the Position , which ( like a first Principle in Mathematicks ) he takes for granted , is this , It is certain ( says he , pag. 1. ) that the reciprocal Duties in Civil Societies , are Protection and Allegiance ; and wheresoever the one fails wholly , the other falls with it . This is his Doctrine which I have mentioned before , but shall now consider a little more particularly . 'T is indeed most fit and reasonable , that Protection and Allegiance should always go together , and accompany one another ; but that they do not do so , is but too plain in the present case of England : but doth it follow , that because the King is not in a Capacity to protect his Subjects , therefore he is no longer to be look'd upon as a King ? And if he be a King , doth not this suppose that he hath some Subjects ? And if so , I would gladly know what kind of Subjects they are who owe no Allegiance ? But let this Question be rul'd by his own Instance , The Duty betwixt Father and Son. Suppose my Father to be so destitute that he cannot , and so perverse , that he will not protect and sustain me ; suppose him as churlish as Cain , and as poor as Iob ; yet still he is my Father , and I am his Son ; that is , he still retains all that Power which ( by the Law of Nature ) a Father ought to have over his Child : still the Relation holds betwixt us , and whilst it doth so , the Father's Faults or Necessities cannot evacuate the Duty of a Son ; which is founded not in the Fathers good Will or Abilities to defend him ( though it must be confess'd they are chiefly consider'd ) but in that fix'd and immutable Relation which God and Nature have establish'd betwixt them , not to be dissolv'd but by Death . So that if this learned Author will yield ( as he seems to do ) that Kingly Power is nothing else but the Paternal , consign'd ( by the common consent of the Fathers of Families ) to one Person , upon such and such Conditions , ( specified in the Contract ; ) I cannot see how this Relation betwixt King and Subject can any more be utterly dissolved , than that betwixt a Father and his Son. I shall say no more to this Discourse ; and if what I have already said do offend either against the Principles of Reason , or the Law of England , I am willing to be corrected , and acknowledg my Error . There is another little Paper which yet gives such a great stroke to the Government , that it ought not to be pass'd over without some Animadversion . The Sheet which I mean is , that which is call'd Advice before it be too late , or A Breviate for the Convention . This Paper bespeaks its Author to be of the same Complexion and Principles with him who writ the Word to the Wise , and the four Questions debated . They do all of them suppose , that the Government is fallen to its Centre , or Root from whence it sprang , that is , to the People ( as the Word to the Wise expresses our present case . ) I know not what can be a more effectual Answer to these Pamphlets , and take away the Foundation upon which they argue , than that Maxim in our Law , received by all honest and learned Lawyers , The King of England never dies . For if so , how is the Government laps'd ? And if it be not laps'd , how can the Throne be said to be vacant ? And if the Throne be not vacant , we are still a Body Politick , ( consisting of Head and Members ) though much distemper'd and out of order , by reason of the Infirmities of the Head. We still live , tho we are not in good Health ; and our Case doth not require the Sexton to make our Grave , but calls for the Physician to apply proper Remedies to cure our Disease . If the King can dye , 't is such a defect in our Government as doth strangely disparage it , and further supposes , that ( which hitherto we are all to learn ) the Crown is not Successive . Now if it be successive , it cannot be disposed of by the Will of the People , but only by the Will of God ; who in that very moment calls the lawful Heir to the Crown , wherein he is pleased to put a Period to the Life of his Predecessor . If he be said that the Voice of the People is the Voice of God , I believe that ( should this be granted ) it will not do their Business : for I doubt not , but that if the Pole was taken , and the Question put to all People who are of Years of Discretion ; the Answer would be , That they have still a King , and that they are as willing to keep him , as they are desirous to exclude Popery for ever ; that which hath made both him and them so unhappy . This , I do not much question , would be the Answer , if we should appeal to the sense of the People in general ; who yet ( if the Government be fallen to them ) must be allowed to have a right of Suffrage , and a Liberty to speak their Minds as freely as other Commoners in this great Convention . Further still , If the King never dies by our Law , how can he be lawfully depos'd ? For by Deposition the Throne necessarily becomes void for some time . There must be some Interstice , some space of time , before they who depos'd a King can set up another ; and till the King in Designation be actually invested with the Regal Office , there must of Necessity be an Interregnum ; that is , The King ( contrary to the Mind of our Law ) may dye . The Government of England always supposes a Monarch regulated by Law , and therefore 't is presumed that he can do no wrong ; that is , though he may err , as well as other Mortals , yet the Law , of which he is the Guardian , brings no Accusation against him , but only against his evil Ministers . If therefore the King hath err'd , ( as doubtless he hath very much ) in God's Name let his Ministers be called to an account ; but why must the Government be dissolved , and the King arraign'd , condemn'd , and depos'd , to make way for any new Scheme of Government whatsoever , whether French , Italian , or Dutch ? Our History indeed affords two Examples since William the First 's time ; that of Edward the Second , and the other of Richard the Second : but they did both of them actually resign ; and besides , what they did , or was done to them , ought to preclude the right of no succeeding Prince . These Examples ought no more to be urged than the stabbing King Henry the Fourth of France , or the murthering King CHARLES the First of England . The Historian , in the Life of Richard the Second , gives no very good Character of that Parliament , which pass'd the Vote for this Deposition : The Noblemen ( says he ) partly corrupted by Favour , partly aw'd by Fear , gave their Voices ; and the Commons ( commonly are like a Flock of Cranes ) as the first fly , all the Followers do the like . Continuat . Dan. Hist. p. 46. Let it be here observed , that I do not dispute whether the King , together with his Parliament , may not regulate and entail the Succession , as shall by them be thought fit ; but only whether whilst the King lives , whether the Throne can be vacant , and the Government be truly said to be laps'd ? This we deny : But however , supposing that these things may be so , who can make so fair a Claim ( and so generally satisfactory to the People ) as the next Heir by Proximity of Blood ; I mean ( if the Prince of Wales be proved supposititious ) that incomparable Lady , the Princess of Orange ? These Reflections I have thought fit to make upon some new Notions of our present States-men , by which we guess what they would be at . In my Opinion , I think it is but too evident , that they are taking Advantage of our present Fears and Distractions , to run us into those Extremes which the State ( as well as the Church ) of England hath always carefully avoided , and taken particular care to provide against . 4. In this Design can we in Honour and Conscience go along with them ; whom yet we cannot but highly esteem and value for their Learning and Parts , and more especially for their happy and successful Labours , in rescuing us from those gross Corruptions of Christian Religion , and human Nature , Popery and Slavery ? But shall we run into Popery , and perhaps Slavery too , when we have been so long stri●ing against both , and are now ( Thanks be to God ) in a great measure freed from the Danger of either ? And is not the Deposing a Popish Doctrine ? And is it not as Antichristian for any Assembly to put it into Practice , as it was for the Council of Lateran at first to establish it ? And as for Slavery , must not a standing Army be necessarily kept up , to maintain a Title founded only upon the consent of the fickle and uncertain People ( granting that the major part of them are willing ? ) And in such a case must we not be beholden to the Goodness of the Prince , rather than the Protection of our Laws , if an Arbitrary and Despotick Power be not again introduced ? We have , as yet , no Law which wholly disables and excludes a Popish Successor from the Throne ; and till we have one ( which I question not but we shall have soon ) I do not see how we can disanul the King's Title , or vacate his Regal Capacity , howsoever his Power may be restrained . Innovations without former Precedent , are always dangerous , especially those of this Nature . It will be much more wise , as well as safe , to bear with some Inconveniencies , than bring upon our selves those Mischiefs , which such unparallel'd Proceedings may produce . The Prince of Orange in his additional Declaration hath these Words : We are confident , that no Persons can have such hard Thoughts of us , as to imagine that we have any other Design in this Undertaking , than to procure a Settlement of the Religion , and of the Liberties and Properties of the Subjects upon so sure a Foundation , that there may be no danger of the Nations relapsing into the like Miseries at any time hereafter . How far some Persons may extend this Clause [ that there may be no Danger of the Nations relapsing into the like Miseries for the future ] I cannot tell ; but for any one to understand it so , as if his Highness meant , that there could be no Security against the Nations Relapse , if the King be not deposed , and he himself put into Possession of the Throne , is ( I am sure ) an Interpretation very disadvantageous to his Honour , and looks more like a Jesuitical Equivocation , than that Candor and Christian Sincerity , which hath brightned and rendered illustrious all the Actions of his Highness , both at home and abroad . The Answerer also to the Reflecter upon ( his Highness's Declaration , will not permit us to harbour any such Suspicions , as if a Crown was the End of this Expedition . All such ( says he , pag. 23 , 24. ) as believe the Prince of Orange has brought this Army , and intends to make War upon England , and subdue it to his mere Will and Pleasure , trample all Laws both Divine and Human under feet ; dethrone his present Majesty , and make himself King ; they will stay and fight for him ( sc. the King ) or at least to the best of their Power , in some manner assist and help him : On the contrary , such as believe that the Prince's meaning is nothing of all this , &c. Here , you see , that this Author ( who , 't is to be supposed , was not unacquainted with the Prince's Intentions ) utterly rejects it , as a false Imputation , that his Highness came to dethrone his present Majesty , and make himself King. Nay , he thought himself obliged so fully to declare against this scandalous Report , that he seems to have encouraged all those who believed it , To stay and fight for the King ; or at least , to the best of their power , in some manner assist and help him . So far was this Gentleman from entertaining any such thoughts of the Prince's Expedition ; which some Men , nevertheless , do now so industriously labor to make the effect of it . There is another thing which makes well-meaning Men apt to suspect the present management , and with holds them from closing with it so fully , as otherwise , its probable they might do . That Paper which goes under the Title of the Prince's Third Declaration , is ( as I am credibly informed ) none of his , and is disowned by the Prince himself . Now this pretended Declaration ( coming out when the Army was in such a dubious Condition , and fluctuating betwixt the King and the Prince ) did more harm to the King's Affairs , than all the other Papers ( I believe ) published at that time . And if this was no real , but a sham Declaration , and yet was permitted without Contradiction , 't is plain that Sophistry and Tricks are made use of , as lawful Polices , and that any kind of means are permitted , if they will but do the business , and serve the present turn . This makes plain and honest Men , who have no Ends to serve , but what are just , and are willing to use no kind of Means but what are so : This makes them shie and cautious of engaging too far in those Designs , which they see carried on by crafty and deceitful Artifices working under a Military Power and Force ready to defend them . I might mention the great number of Papists in the Dutch Army , as another disswasive from venturing our selves in this bottom : We are afraid of Papists of all sorts and of all Countrie , German and Dutch , as well as French and Irish ; the Constitutions of the one may be more harmless than of the other ; but the Principles of both ( we know ) are equally destructive ; and when occasion serves , who knows but that the Principle may prevail over the Constitution , and the Papist get the better of the Dutch-man ? 'T is ill trusting Popery in any shape : This is a Root , which wherever it is planted , can bring forth no good Fruit. The Bogs of Holland cannot ( we think ) make it less malignant , than those of Ireland . To come to a conclusion , there remain several things to be cleared , before we can altogether comply with what is now prosecuted with so much Zeal . That the Prince of W. is a supposititious Child : That a League was made by our King with the King of France for the Destruction of his Protestant Subjects , and rooting out our Religion , under the Notion of the Northern Heresy : That the late King was poysoned ; and that the Earl of Essex was murthered . These things , we desire , may be proved ; and then we cannot but agree , that nothing can be too bad for the guilty Authors . These are such damnable Villanies , such horrid Crimes , that both the Principles and Accessories ought to be esteemed , and treated no better than Tories and Banditti , Men of seared and profligate Consciences , forsaken of God , and Enemies to Mankind . But then seeing these are such heavy Accusations and grievous Charges , they ought certainly to be well proved before they be believed , and produced as Arguments against the Life , Honour , and Estate of any Person : for si satis esset accusasse , &c. If it be enough to accuse , where should we find an innocent Person ? If these dreadful things can be made out , it would , I believe , not only confirm Protestants in their deserved Detestation of Popery , but create even in the minds of honest Papists themselves , an Aversation to their own Religion , when they shall see it contriving and executing such cruel and unnatural Works of darkness . To see a Father setting up a pretended Son against the Interest of his own undoubted Children ; to behold a King bargaining for the Destruction of his own Subjects ; to represent to our Minds one Brother preparing the deadly Cup for the other , who yet ventur'd his Crown rather than he would exclude him from the hopes of it in Reversion ; to look upon the same Royal Person plotting and managing the Assassination of a Captive and helpless Peer . These are such dismal Sights and melancholick Scenes , so full of Horror and barbarous Cruelty , that they must needs make sad Impressions upon the Hearts even of the boldest Spectators ; insomuch , that if they were proved , they would most effectually prejudice all Men against the Author of such monstrous Barbarities , and go near to extinguish all Obligations of Duty which otherwise they might owe to his Person and Authority . We must therefore call again for the Proof of these things , or else we cannot ( because we ought not to ) believe them upon bare Surmise and Hear-say . If these Accusations be cleared once , who can reverence the Person guilty of them , as the Father of his Country , and not rather avoid and fly from him as the worst of Tyrants ? But if these things be still kept in the Clouds , and wrap'd up in uncertain Ambiguities , all wise Men will think that it would have been better , if they never had been mentioned ; because this doth but raise the Peoples Zeal for the present , which ( if not kept up by real Evidence ) will be apt to turn to the other Extream , and commiserate the Cause which before it prosecuted with so much violence . The higher Mens Resentments are raised by objecting the most notorious Crimes , the lower will they fall , if Truth and plain matter of Fact doth not back and maintain them . And this is an Advantage which I would not have us give our Adversaries in these things , no more than we have done in the matters of Dispute betwixt them and us . Here we have proved all our Charges against their Religion ; let us therefore prove , or else not so eagerly insist upon these Accusations brought against their Persons . I shall add nothing further , but my real Wishes , That I could ( tho with the loss of all that 's dear to me in this World ) contribute to the utter Exclusion of Popery by all lawful means ; and I do , and shall always pray for a Blessing upon their Designs , who sincerely endeavour to procure a Settlement of the Religion , Liberties and Properties of the Subjects , upon so sure a foundation , that there may be no danger of the Nations relapsing into the like miseries at any time hereafter . Some short Notes on a Pamphlet , entitled , Reflections upon our late and present Proceedings in England . A Man must read much of this Author 's profound Work , before he can fathom the Depths of it , and find what his Design is , or whether indeed he has any Design at all , unless it be that of making a Book . He tells us at length after much Strugling , and a tedious Repetition of what every body knows ( perhaps ) better than himself , That all Orders of Men , Ecclesiastick , Civil , and Military , did put the Regal Administration into the Prince of Orange's Hands , and that the Intent of our Proceedings will at least excuse , if not justify us . I would have this knowing Gentleman inform the World into what Hands the Regal Administration could be better put ? And if the Nation could not do better , whether this their Action does not justify it self ? But says he a little above , How did we all generally concur , and unanimously agree to forget our Obligations to our Soveraign . And in Page 4 , he tells us , That the Prince of Orange hath done a great thing for us , and wrought such Deliverance for the Nation as ought never to be forgotten , and can never be sufficiently requited . I do not at all doubt but this Gentleman can more easily write half a dozen such Books as this is , than reconcile these notable Passages . He acknowledges we have been rescued out of the Hands of him that hated us , and would have destroyed us without a cause , and yet reproaches us with forgetting our Obligations to our Soveraign . In Page 5. he has this sharp Question , Let every Man ask himself , for what reason he became a party in this general Defection ? Was it to divest the King of all Power to protect his Subjects ? &c. To repeat these Absurdities is a sufficient Answer to them . And then again in the next Page , That whatever some obnoxious and ambitious Men might aim at , all good Christians had other Intentions . They were sensibly concerned for the Preservation of their Holy Religion , in the first place : Their Lives , their Laws ▪ their Liberties , in the next : And after the way which some call Heresy , so were they desirous still to worship the God of their Fathers ; and after that manner which some might say was Rebellion , so they thought themselves oblig'd to stand up for the Laws and Liberties of their Forefathers . What measures of Obedience this Man is for , and what he would have us to do , or not to do , I am not able to divine from his Book , for he seems to dislike in one place , what he approves in another . But he tells us in Page 6 , & 7 of his Fears of the Government being undermined both in Church and State , and that he shall be reduced to the Dutch or some other foreign measures , which can never be well received in England till an Act be past to abolish Monarchy , Episcopacy , &c. If this Gentleman's Distractions be not so great as to hinder him the use of his two chief Senses , he may now perceive that his Fears are as vain , as others perceive his Reasoning to be . But in Page 8. he states a notable Question , for he supposes his Father to be as churlish as Cain , and as poor as Job , and yet maintains he is his Father . O admirably put ! But what 's this to a King 's apparent Design of ruining and enslaving a People , who have the same both Natural and Civil Right to their Lives and Liberties , as he has to his ? But shall we run ( says he ) into Popery , and perhaps Slavery too ? and is not the Deposing a Popish Doctrine ? p. 11. and as for Slavery , Must not a standing Army be necessarily kept up to maintain a Title founded only on the consent of the fickle and uncertain People ? If the Lords and Commons of England are this fickle and uncertain People ; I know not where our Author will find more substantial Folks , unless he fancies they are to be met with amongst the Mobile . And as to the Popish Deposing Doctrine , I have already shewed our case comes in no sort near it ; for the late King's Religion did not hinder his possessing himself of the Throne , neither was that the Cause of his leaving it , for he might have enjoyed it and made the best of it , as to himself , in all Freedom , but he thought it beneath him to stop here , and not impose his false Worship on all his Subjects , trampling all the Laws of the Kingdom under his Feet , and thereby claiming not only an absolute Empire over the Bodies , but the Minds of his Subjects . Our Author likewise shews himself a notable Well-wisher to our Religion and Liberties , when he represents a standing Army ( page 11. ) in the present Exigency of Affairs , to be such a Grievance , and that too under a Prince , who has not been only born and educated in the greatest Aversion to Popery , and the only Prince uncorrupted by the French King , but whose Genius and Interests do every ways so answer the Necessity of our Nation , that we have no other cause of Fear or Trouble , but at the sense of our own Unworthiness of so great a Blessing . He seems in p. 12 , and 13 , to be in great Labour , left the Prince of Orange should make himself a King contrary to the express Terms of his Declaration , and Pretences of coming over here . To which may be answered , that he has in no sort violated that Declaration , for he did not thrust himself into the Throne ; and as to his being so now , both de jure and de facto , this being a matter decided by the Justice , Wisdom and Supream Authority of the Nation , it 's foolish Presumption , and no less conceited Ignorance for any private Person to argue it . Our wise Author seems to be moreover concerned and greatly troubled at the Effects produced by the third Declaration , for he says , It did more harm to the King's Affairs , than all the other Papers publisht at that time ; whence he concludes its plain that Sophistry and Tricks are made use of , if they will but do the Business . What would this Man have ? would he have both to succeed , when he elsewhere acknowledges , that the late King's Design was to ruin us , and the Prince's to prevent it ? As to Tricks and Sophistry , I detest them as much as any Man , yet think such harmless Guides ( whoever was the Author ) less pernicious and destructive than force and bloodshed . This Gentleman who s●ily pleads all along for the Popish Interest , is now for sooth much scandaliz'd at the Dutch-Papists in the Princes Army ▪ but at this he need not take Offence , seeing they are going over whence they came , to serve the States against the most unchristian Usurper or both Popish and Protestant Countrys . But before this worthy Author can come to a Conclusion of his Book , he must have several things proved to him : to wit , That the Prince of Wales is a supposititious Child ; that a League was made by our King with the King of France , for the Destruction of his Protestant Subjects , and rooting out our Religion under the Notion of the Northern Heresy ; that the late King was poyson'd ; and that the Earl of Essex was murthered . These things we desire may be proved , and then we cannot but agree ▪ that nothing can be too bad for the guilty Authors . This Gentleman cannot but know the Unreasonableness of his Demands , and that what he desires , is not only unseasonable , but impracticable , till the Government be setled , when , and at what time , ( perhaps to his great Confusion ) these and many other Deeds of Darkness will be brought to light . Moreover the Astonishment he expresses at the mention of these vile Practices , seems to arise in him , rather from some crafty Design , than mere Ignorance of what has been done ( oftner than once ) in Neighbouring Courts . To conclude then in my Authors own Words ; If these Accusations be cleared once , who can reverence the Person guilty of them , as the Father of his Country , and not rather avoid and fly him as the worst of Tyrants . The Scot's Grievances : Or a Short Account of the Proceedings of the Scotish Privy-Council , Iusticiary Court , and those Commissionated by them , whereby the Consciences of good Men have been Tortured , the Peace of the Nation these several Years past exceedingly Disturbed , and Multitudes of Innocent People cruelly Oppressed , and inhumanely Murthered . IN the Tract of these Years , although Informing was a Trade more encouraged than in the Reign of Tiberius , yet they arraigned Multitudes without Informer or Accuser ; and whosoever appeared not upon their Summer Citation ( which often times was impossible ) were treated as Criminals . They seized many of all Ranks , and detained them Months , and Years , without any Signification of the cause of their Imprisonment ; and seldom liberate any such without Exorbitant Bail : but if they could find the least Shadow to prosecute any suspected to mislike their Arbitrary Courses , they precipitated their Process , not allowing them time or means to vindicate their Innocency . They sent their Inquisitors through their Prisons and Citizens Houses , to examine whom they pleased , upon most intricate Questions of Church and State Government , and made their refusing to answer , or dissatisfactory Answers , the Foundation of their Indictments ; others seized in the Crowd at Executions , and some when visiting the imprisoned , were condemned and executed , for refusing to justify their Severities against their Brethren , and disowning their Dagon of Nor resistance . They frequently sent out Spies to Prisons , Cities and Country , under Disguise , who by simulating their Dissatisfaction at the Exorbitances of the Government , and Zeal for persecuted Piety , might draw Words from the most wary , sustaining such and other Informers as habil Witnesses to the taking away the Lives of many Innocents , notwithstanding of one Express Act of Parliament to the contrary . They often prosecuted without a Libel : and when they formed Libels , they seldom restricted themselves to the Points therein contained , holding them , as confessed who refused to answer their captious and extraneous Questions . They not only employed Emissaries , but Judges themselves were active to suborn Witnesses against the Lives , Estates and Honours of Peers and worthy Patriots ( a palpably gross Management of such an Intrigue , having qualified a Person for a chief Seat in their High Court of Justice ) and when they could not find such Execrable Russians to serve their turns , they forced Pannals to answer de super Inquirendis , in the most Criminal Cases . They have often sustained Jurors and Witnesses , who could not purge themselves of Prejudice or partial Counsel . They have Indicted , Tryed , Condemned and executed Persons in one day ; and when Intercession hath been made for some time to prepare for Death , it hath been answered , They shall have no time to prepare for Heaven , Hell is too good for them . They have kept some in Expectation of Reprieves and Pardons , till the very Day and Hour of their Execution ; others they have hanged early in the Morning , thereby preventing the Peoples seeing their Cruelty , and hearing the dying Persons last Words , and too palpably designing by such Surprizals the Ruine of their Souls . They frequently beat Drums about the Scaffolds , their Cause being such as could not bear the Words of dying Christians . They searched several , when removing them from the Prison to the Scrffold , seized their Testimonies , that so they might not come to publick . They would have their Laws to reach Thoughts as well as Actions , and many against whom they could charge no matter of Fact , they sought to reach their Lives for their Thoughts , asking them , What think you of the Government , & c. ? Some they have wheedled to Confession , by promising to favour their Ingenuity , upbraiding them for Dissemblers if they would not speak freely , and by mock-Expostulations ; viz. Are ye ashamed of your Principles ? Are ye afraid to give a Testimony , & c ? and forced them to subscribe their Confessions before the Council , which they produced as Witness against them at the Criminal Court , whereupon they were Sentenced and Executed . When any refused to give Categorical Answers , then could they extort all by Torture , with their Engines of Cruelty , the Boots , fired Matches betwixt the Fingers and Thumkins ; and after torturing , hanged several , though thereby they could extort nothing . When some had answered all their Questions , and cleared themselves of all charged against them , yet would they not pass them so , but impose some of their wicked Oaths , which they concluded they would not take , and according to the measure of Tenderness they discovered in any , they apportioned the Oaths ; to the stricter the more smooth ; to the laxer the more harsh , such as once their own Natural Consciences did fear at . They required not only to have their Laws obeyed , but subscribed also , holding it not sufficient that People transgress them not , but likewise own the Justice of them , and the Lawfulness of the Authority enacting them , and swear to maintain them ; and yet when some have complyed to all they sought , yet would they not discharge them , but upon Bond to answer again when called . Not only Extrajudicial Confession will sustain with them , but when they have given the publick Faith , the King's Security , the Act and Oath of Council , that such Confession should not militate , yet they have brought it in as Evidence , and given it upon Oath , when their former Act and Oath was produced in open Court in Demonstration of their Perjury . They used frequently to pack Juries , picking out such as they thought any thing tender , and not bloody enough , and sometimes listed some who they concluded would not concur , that thereupon they might get occasion to exact their Fines . Sometimes when the Jury hath brought in their Verdict in Favour of the Pannal , they have made them return and resume the Cognition of the Process again , and threatned them with an Assize of Error if they did not bring him in Guilty , yea frequently the Advocate theatned them under most peremptory Certifications if they found not the Impannalled Guilty ; so that their using Juries was but for the Fashion . They have sentenced innocent Persons twice , once to have their Ears cut off and banished , and after the lopping of their Ears , they have re-examined them , and sentenced them to Death . They used to stage several together , of whom they knew some would comply , to tantalize others with the sight of their Liberty , thereby tempting them to bite more eagerly at their snaring Baits , to wound the Conscience . They have not only Murdered many innocent Christians in taking their Lives , but also endevou●ed to Murder their Reputation and the Cause they owned , loading it with most reproachful Epithets , which was their peculiar Policy , to bring the Heads of Suffering to Points most obnoxious to common Censer , and most Extrinsick to Religion , cutting off the Faithful Professors of Religion , and true Lovers of Liberty , under the odium of Enemies to Government . Some they arraigned whom they could neither reach by adducing many Witnesses against in Tryal , nor by their Examination with their cruel Torture of the Boots , yet hath had their whole Estate seized , and also been sent to P●ison in a Rock within the Sea , without being convicted of any Crime . They finding their means and motions under Colour of Law ; and Trials were too slow and troublesome to acquire their designed Cruelties and that the publick Executions tended more to confirm and multiply the Lovers of Religion and Liberty , than to diminish and deter , took a more compendious way of sending out th●ir Souldiers impowered to challenge and examine whom they pleased ; and to tender Oaths required by no Law , and to punish such by present Death who refused to swear , or scrupled to answer their ensnaring Q●estion , which bloody Commissions were so faithfully Executed , that within few Weeks above fifty innocent Persons were cruelly murdered in cold Blood , without either T●yal or Conv●●●●on , or respe●t to Age or Sex. Although the Multitudes of Famil●es ruined by Exorbitant Fining● , Forfeitures , Banishments , Imprisonments , Free qua●terings and Plunderings of Souldier● , and Barbarities of their Highland Host : the many cruel Edicts and Proclamations they have published , the unlawful Bonds , and wicked self-contradicting Oaths imposed and pressed , the many Exactions whereby they have impoverished the Country , the many open Oppressions , horrid Tortures and Cruelties practised upon Innocents , the multitudes of Persons Male and Female , whom they have Murdered , Persecuted , Oppressed and Destroyed , are so many and various that they cannot be collected : Yet some have been at no small pains to gether as much of these , as when published in a Martyrology of these times , ( which is purposed to be done with all convenient speed ) will give the World to know as well the Faithfulness , Patience , Courage and Constancy of these who suffered , together with the Equity of their Cause , as the Inhumanity , Illegality and Severity of their Cruel and Bloody Persecutors . The Late Honourable CONVENTION proved a Legal PARLIAMENT . I. THE necessity of a Parliament agreed by the Lords and Commons Voting that the Throne is Vacant ; for there being a Vacancy , there follows an immediate necessity of settling the Government , especially the Writs , being destroyed , and the Great Seal carryed away , put a period to all publick Justice , and then there must be a supply by such means as the necessity requires , or a failure of Government . II. Consider the Antecedents to the calling the Convention ; that is , about three hundred of the Commons , which is a majority of the fullest House that can be made , above sixty Lords , being a greater number , than any part divided amounted to at this great Meeting , the Lord Mayor , Aldermen , and Common Council of the City of London , by application to His then Highness the Prince of Orange , desired him to accept of the Administration of P●blick Affairs , Military and Civil , which he was pleased to do , to the great satisfaction of all good People ; and after that His Highness was desired to Issue forth His Circular Letters to the Lords ; and the like to the Coroners , and in their absence to the Clerks of the Peace , to Elect Knights , Citizens and Burgesses ; this was more than was done in Fifty nine , for the calling a Parliament in April 1660. for there the Summons was not real , but fictitious , ( i. e. ) in the names of the Keepers of the Liberties of England , a meer Notion set up as a Form , there being no such Persons , but a meer Ens rationis , impossible really to exist : so that here was much more done than in 1659 , and all really done which was possible to be invented , as the Affairs then stood . Besides King Ch. the 2d . had not abdicated the Kingdom , but was willing to return , and was at Breda , whither they might have sent for Writs , and in the mean time have kept their form of Keepers of the Liberties , &c. But in the present case there was no King in being , nor any style or form of Government , neither real , or notional left ; so that in all these respects , more was done before , and at the calling of this Great Convention , than for calling that Parliament ( for so I must call it ) yet that Parliament made several Acts , in all thirty seven , as appears by Keebles Statutes , and several of them not confirmed ; I shall instance but in one , but it is one which there was occasion to use in every County of England ; I mean the Act for Confirming and Restoring Ministers , being the 17 th of that Sessions ; all the Judges allowed of this as an Act of Parliament , tho' never confirmed , which is a stronger case than that in question , for there was only fictitious Summons , here a real one . III. That without the Consent of any Body of the People ; this at the Request of a Majority of the Lords ; more than hal● the number of the Commons duly chosen in King Ch. the 2 d's time , besides the great Body of the City of London being at least esteem'd a 5 th part of the Kingdom , yet after the King's Return , he was so well satisfied with the calling of that Parliament , that it was Enacted by the King , Lords and Commons As●embled in Parliament ; that the Lords and Common ; then Sitting at Westminster in the present Parliament , were th● two Houses of Parliament , notwithstanding any want of th● Kings Writs or Writ of Summons , or a●y defect whatsoever and as if the King had been present at the beginning of the Parliament , this I take to be a full Judgment in full Parliament of the case in question , and much stronger than the present case is , and this Parliament continued till the 29 th of December next following , and made in all thirty seven Acts , as abo●e mentioned . The 13 Caroli 2. chap. 7. ( a full Parliament called by the Kings Writ ) recites the other of 12 Caroli 2. and that after his Majesties return they were continued till the 29 th of December , and then dissolved , and that several Acts passed ; this is the plain Judgment of another Parliament . 1. Because it says they were continued , which shews they had a real being capable of being continued ; for a Confirmation of a void Grant has no effect , and Confirmation shews a Grant only voidable so the continuance there shewed it at most but voidable ; and when the King came , and confirm'd it , all was good . 2. The dissolving it then , shews they had a being , for , as ex nihilo nihil sit , so super nihil nil operatur , as out of nothing nothing can be made , so upon nothing nothing can operate . Again , the King , Lords and Commons , make the great Corporation or Body of the Kingdom , and the Commons are legally taken for the Free-holders , Inst. 4. p. 2. Now the Lords and Commons having Proclaimed the King , the defect of this great Corporation is cured , and all the Essential parts of this great Body Politique united and made compleat , as plainly as when the Mayor of a Corporation dies , and another is chosen , the Corporation is again perfect ; and to say , that which perfects the great Body Politique should in the same instant destroy it , I mean the Parliament , is to make contradictions true , simul & semel , the perfection , and destruction of this great Body at one instant , and by the same Act. Then if necessity of Affairs was a forcible Argument in 1660 , a time of great peace , not only in England , but throughout Europe , and almost in all the World ; certainly 't is of a greater force now , when England is scarce delivered from Popery and Slavery ; when Ireland has a mighty Army of Papists , and that Kingdom in hazard of final destruction , if not speedily prevented ; and when France has destroyed most of the Protestants there , and threatens the ruin of the Low-Countries , from whence God has sent the wonderful Assistance of our Gracious , and therefore most Glorious King ; and England cannot promise safety from that Forreign Power , when forty days delay , which is the least can be for a new Parliament , and considering we can never hope to have one more freely chosen , because first it was so free from Court-influence , or likelihood of all design that the Letters of Summons issued by him , whom the great God in infinite Mercy raised to save us , to the hazard of his Life , and this done to protect the Protestant Religion and at a time when the people were all concerned for one Common interest of Religion , and Liberty , it would be vain when we have the best King and Queen the World affords , a full house of Lords , the most solemnly chosen Commons that ever were in the remembrance of any Man Living , to spend Mony and lose time ( I had almost said to despise Providence ) and take great pains to destroy our selves . If any object Acts of Parliament mentioning Writs and Summons , &c. I answer , the Precedent in 1660 is after all those Acts. In private cases as much has been done in point of necessity ; a Bishop Provincial dies , and sede vacant a Clerk is presented to a Benefice , the Presentation to the Dean and Chapter is good in this case of Necessity ; and if in a Vacancy by the Death of a Bishop a Presentation shall be good to the Dean and Chapter , rather than a prejudice should happen by the Church lying void ; Surely â fortiori — Vacancy of the Throne may be supplied without the formality of a Writ , and the great Convention turn'd to a Real Parliament . A Summons in all points is of the same real force as a Writ , for a Summons and a Writ differ no more than in name , the thing is the same in all Substantial parts ; the Writ is Recorded in Chancery , so are His Highnesses Letters ; the proper Officer Endorses the Return , so he does here , ( for the Coroner in defect of the Sheriff is the proper Officer ; ) the People Choose by virtue of the Writ , so they did freely by Virtue of the Letters , &c. & quae re concordant parum differunt , they agree in Reality , and then what difference is there between the one and the other ? Object . A Writ must be in Actions at Common Law , else all Pleadings after , will not make it good , but Judgment given may be Reversed by a Writ of Error . Answ. The case differs , first , because Actions between party and party , are Adversary Actions , but Summons to Parliament are not so , but are Mediums only to have an Election . 2. In Actions at Law the Defendant may plead to the Writ , but there is no plea to a Writ for electing Members to serve in Parliament ; and for this I have Littleton's Argument , there never was such Plea , therefore none lies . Object . That they have not taken the Test. Answ. They may take the Test yet ; and then all which they do will be good , for the Test being the distinguishing Mark of a Protestant from a Papist , when that is taken , the end of the Law is performed . Object . That the Oaths of Allegiance and Supremacy ought to be taken , and that the new ones are not legal . Answ. The Convention being the Supream Power , have abolish'd the old Oaths , and have made new ones ; and as to the making new Oaths , the like was done in Alfreds time , when they chose him King ; vide Mirror of Justice . Chap. 1. for the Heptarchy being turn'd to a Monarchy , the precedent Oaths of the seven Kings could not be the same King Alfred swore . Many Precedents may be cited , where Laws have been made in Parliament , without the King 's Writ to summon them , which for brevity's sake I forbear to mention . For a farewel ; the Objections quarrel at our Happiness , fight against our Safety , and aim at that which may indanger Destruction . The Amicable Reconciliation of the DISSENTERS to the CHURCH of ENGLAND : being a Model or Draught for the Universal Accommodation in the Case of Religion , and the Bringing in all Parties to Her Communion . Humbly presented to the Consideration of Parliament . WHereas there are several parties of Christians in the Nation , who must and will ever differ in their Opinions about the Church and Discipline of it , in the Question which is of Christ's Institution ; it is not our Disputes about the Church ●s Particular ( which are rather to be mutually forborn , and every party left herein to their own Perswasion ) but a common Agreement in what we can agree and that is in the Church as National , must heal our Breaches . The Catholicks are for one Universal Organical Church throughout the World , whereof the Pope is Head , according to some ; and the Bishops Convened in a General Council , according to others . That there is a Catholick Church Visible on earth as well as invisible , whereof CHRIST is Head , who was on Earth , and is now Visible in Heaven , is past doubt also with Protestants ▪ But that this Church is Organical , and under the Government of a Monarchy by the Pope , or of an Aristocracy by a General Council , it seems a thing not possible in nature ; because neither can any Oe●umenical Council ever be Called , or any One Man he sufficient to take on him the Concernmen●s of the whole World. A Political Church , is a Community of Chris●●ans brought into an Orber of Superiority and Inferiority by an Head and Members , organized for the Exercise of that Government which is proper to it ; but the whole Earth is not capable of any such Order : And Councils therefore which are gather'd out of several Countries , or of Bishops belonging to more Dominions than of one Supreme Power , may behad for mutual Advice and Concord , but not for Government . A Nation , Empire , or Kingdom , which consists of one Supreme Magistrate and People , who are generally Christians , are capable of such an Ecclesiastical Polity , and a National Church Political in England is to be asserted and maintained . The Church of England then is a Political Society of all the Christians in the Land , united in the King as Head , and organized by the Bishops , for the executing those Laws or Government which he chooses for their spiritual Good and the publick Peace . There is this difference between a Church National , the Church Catholick , and Particular Churches : The two latter-are of Divine Right and Essential Consideration , but the former is and can be only of Humane Institution , for it is manifestly Accidental to the Church of Christ that the chief Magistrate and the whole People should be Christian. Distinguish we here of the Government of the Church as Internal belonging to the Spirit , and External which belongs to Men : And of the External Regiment thereof , which is either Formal belonging to the Ministers , or Officers of Christ ; or Objective , belonging to the Magistrate : the one being only by the Keyes , the other by the Sword. Whether the Community now of Christians in England may be accounted a National Church in respect to any Formal Government of it , we leave for dispute to others ; let them judg according to the foregoing Definition of a Political Church : But that the main Body of the Nation are , or may be constituted a proper Political Church National in respect to that External Objective Regiment , which is , or should be exercised by the Bishops as the proper Organs thereof under the King , is what we hold reasonable , and would lay as the Foundation-Stone of Peace , in the matter of Religion between all Persons in the Kingdom . Let the Parliament therefore we have , be heartily for the Publick Good , and thriving of England , which must and can be only by an entire Liberty of Conscience in opposition to the narrow Spirit of any single Party or Faction , and when such a Parliament as this shall set themselves about the Business of Union to purpose , a Bill should be brought in , Entituled , An Act for declaring the Constitution of our Church of England . A Parliament is the Representative of the whole Nation , and no doubt but by Consent and Agreement they might ( upon the account mentioned ) Make a new Constitution , and much more may they Declare the Constitution of it . It should be declared then in such a Bill or Act that the Church of England consists of the King as the Head , or pars Imperans , who is to give Laws thereto , and all the several Assemblies of Christians which he shall tolerate , as the pars subdita , or Body . Some Discrimination between the Tolerable and Intolerable is indeed never to be gainsaid by any wise and good Man ; unto whom there is no Liberty can be desirable , which is not consistent at least with these three things , the Articles of our Creed , a Good Life , and the Fundamental Government of the Kingdom . It is not for any private persons , but a Parliament , to prescribe the Terms of National Communion : But we would have all our Assemblies that are Tolerable , to be made Legal by such an Act ( and thereby parts of the National Church ) as well as the Parochial Congregations . The Church here therefore must come under a double consideration , as the Church of Christ , and as the Church of England . Take the Church as the Church of Christ , and there must be ( as we have said at first ) endless Controversy about this point , who are the true Members of it : but take it under the consideration as National , and there will be none at all , for those must be Memb●rs whom the Head by a Law does allow to be parts of the Body , and the King under this notion only is made Head of the Church by the Stature , that is , as it is called Ecclesia A●glicana . The Protestant Dissenter● of all sorts , as well as the Conformists , will acknowledg the King to be Supreme Coercive Governour over all Persons , and in all Causes , Ecclesiastical and Civil , throughout his Dominions ; And will not those who are Roman Catholicks do the like ? Did they not do so in Henry the Eight's time , when they were generally such ? Again , the Dissenters of all sorts , even the Congregationalists of every Sect , are ready to submit to any power legally derived from the King and upon such an account will admit of a superintendency of the Bishops , as Ecclesiastical Magistrates under him , when they cannot own any Authority that they have over other Ministers from Iesus Christ ; and will not Papists also be subject to all Authority that is exercised legally in his Name , howsoever they may question the Spiritual Title of the English Clergy and their succession ? We would have the Bishops then ( qua Bishops , as distinct in Office from Priests ) declared no other than the King's Officers ▪ whose power is but Objectively Ecclesiastical , and to act Circa Sacra only , by Vertue of his Authority and Commission . As Iehoshaphat did comit the Charge incumbent upon him as Supreme Magistrate , in regard to all Matters of the Lord , unto the care of Amariah , being Chief Priest , and in regard to the King's Matters unto Zebadiah , being as the Chief Iustice of the Realm : so should the Diocesian Bishop be in our Ecclesiastical , as the Judges are in Civil Matters the Substitutes altogether of His Majesty , and execute his Jurisdiction . This is indeed at State point which was throughly canvased by Henry the Eight , whose Divines did agree on two Orders alone , Priest and Deacon , to be of Divine Appointment , and that the Superiority of a Bishop over a Presbyter , or of one Bishop over another , was but by the Positive Laws of Men only , as appears in that Authentick Book then put out , entituled , The Necessary Eru●ition : And consequently , that the Bishop could not have , or exert any Jurisdiction over the Subject unless warranted and derived from the King , without danger of a Premunire , which made Bonner ( wi●h others ) hold his Bishoprick by Commission . Upon this ground , if it should please His Majesty to chuse some persons of the Dissenters to this Office , authorizing them to it no otherwise , than by a like Commission ( which they should also hold , with the Judges , quam di● se ben● gesse●un● ) As none of them could scruple then the acceptance , so must a Union from that day forward commence in England , especially if he would not leave filling up the Vacancies that fall , with such , till they in some measure equal the Conformists . We are sensible unto what Distress the Ministers of a Particular Congregation of all sorts may be brought in the exercise of Discipline over some potent , turbulent , and refractory Members , and what relief he might find in such an external Ecclesiastical Officer as this : We are sensible how many inconvenices of Congregational Episcopacy may by this means only be saved . Their work in general should be to supervise the Churches of all parties in their Diocesses , that they walk according to their own principles , in due Order , agreeable to the Gospel , and the peace of one another : And more particularly in the observance of all Laws and Limitations , Rules or Canons , which the King , as Supreme Head , shall by advice of a Convocation , o● the consent of his three Estates in Parliament , make on purpose , and impose , upon them , with respect both to the publick Emolument , and the safety of his own Person , Dignity , and Dominions . For example , suppose this to be one Canon or Injunction , That no Novice , but such as are Grave Men only among the Sects , be admitted to be Teachers . Another , this , That the doors be kept open in all Conventi●les for any that wil● to come in and hear , that no Sedition be there hatched or broached . There are such , and many the like Impositions may be found , very fit to be laid on some Persons , not needful for others , and it is Time , and the Trial , and Experience which must be the Mother to bring them forth , and cultivate them after , to their best advantage . To the making such Canons , we humbly motion a third Clerk for the Convocation , to be added to the two in every Diocess , and chose out of the Dissenters with indifferent respect to all sorts of them , that mutual Satisfaction and Concord my thereby be prosecuted with unanimity of Heart and Good will throughout all the Churche● : And the two Provinces of Canterbury and York should unite in this Convocation for the making them one National Church , and not two Provincial ones in a diverse Assembly . By this means shall one Organ more be added to this great Political Society for deriving an influence from the Head to these parts of the Body as well as others , which now seem neglected , and to have no care taken of them . The more especial business of such an equally Modell'd Convocation should be the revising the Book of Canons for the reversing the main body of them , having been fitted to that narrow scantling which is unworthy the Church of England , and for the leaving only those , and making new ( as we have exemplified in one or two for instance-sake even now ) which do , and will suit to that larger Constitution thereof intended by this Paper . And having now said thus much for Explanation of this Design , we must say some little also in favour of it . The Design of such an Accommodation as this , shall advance not lessen the outward power and honour of the Bishop , extending it over those who before had no conscientious regard for their Function : while yet it would ease them of the tremendous burden of such a Cura Animarum they take on them otherwise , as must be of impossible performance . This Design ( which is suppos'd to find us in our Divisions , and not to make any ) shall by little and little ( with God's blessing on it ) cool Animosities , and enkindle Charity and Holiness among all parties , which now is so much wanting , while those that are Catholicks , and those that are Protestants , and much more those that are Conformists , and those that are Nonconfrmists , do agree in the substance of one Christianity , having the same Scriptures , the same Articles of Faith in the three Creeds , and the same Rule of Manners in the Decalogue , There is one Body , one Spirit , one Lord , one Faith , one Baptism . They cannot indeed have both Communion in the same External Worship , but they can have it in the Internal Adoration of the same blessed Trinity , and in One Hope of our calling unto eternal Life through Christ Iesus . They must separate into several Congregations , but there shall be no Schism in the Body by this means for all that . For as while the Supreme Power allows only the Parochial Meetings , as established by Law , it hath bin accounted Schism to go to Separate Assemblies : So if the Scene be altered , and these Separate Congregations be also made Legal , this Schism , or Mens being called Schismaticks , in that regard , must vanish and be at an end . Indeed these divers Congregations will Accuse one another as guilty of Sin and Schism before God , for each separating from the others Communion , and threaten his Judgment : but so long as there is no separating from the Church , whereof the King is Head , while he tolerates the Meetings of both , and makes them parts of it as National , there shall be no prosecution of Law against any , but all quiet , as fellow-Members upon that account . Only , as to the Roman Catholicks , it is not indeed for them to imagine that a Protestant King and Parliament should allow of their Mass in Publick , as they do of the Service-Book . This were not to tolerate the Papists , but to set up Popery ; whereas the Determining what is to be permitted to one Party , and what to another , so as no Detriment may be brought to the Church or State , and no Sin or Guilt upon the Nation by that permission , is a nice thing , and the business of this Parliament . There is one Motion farther should be added , and that is for another Bill also to be brought in to take away Pluralities , ( which is the Pest of our present Conforming Clergy ) I mean both of Livings and Dignities impartially , to this end , that the King may have wherewithal to engage those he receives into the Church thus enlarged , and consequently restores to their Labours , by this Accommodation ; for that is a thing will make the favour indeed significant to such persons . I will conclude with one Argument for what I have proposed . There is no power given upon Earth for any Man to command that which he in his Conscience does judg to be Sin. Non datur potestas ad malum . But to conform in all things to the present Church according to Law , is Sin in the judgment of Dissenters , Catholicks and others ; and the Late King was a Dissenter of one sort himself . The King therefore that was so lately , could not really put the Catholicks upon Conformity ; and if he would appear equal to all his People , he could not put ●ny other Dissenters on it neither , for the same Cause . That which the Law requires was both in his Conscience and in theirs , a thing prohibited of God. He could not therefore put the Laws in Execution being against God. And if He could not do it acting only but as an honest Man that abides by his Principles : we have no reason to apprehend that so good a King and Queen as we have now , should be ever brought to do it , maugre all the Enticements of the Church of England , or Frowns of the Church of Rome . FINIS . ADVERTISEMENT . A Third Volume of Sermons Preached by the Late Reverend and Learned Thomas Manton , D.D. In Two Parts . The First containing LXVI Sermons on the Eleventh Chapter of the Hebrews . With a Treatise of the Life of Faith. The Second containing a Treatise of Self-Denial . With Several Sermons on the Sacrament of the Lord's-Supper , And other Occasions . With an Alphabetical-Table to the Whole . Sold by Thomas Parkhurst , and Ionathan Robinson . ELEVENTH Collection of Papers Relating to the Present Juncture of Affairs in England and Scotland . VIZ. I. An Answer to the Desertion Discuss'd , being a Defence of the late and present Proceedings . II. Satisfaction tendred to all that pretend Conscience for Non-submission to our present Governours , and refusing of the New Oaths of Fealty and Allegiance . III. Dr. Oates his Petition to the Parliament , declaring his barbarous Sufferings by the Papists . IV. An Account of the Convention of Scotland . V. A Speech made by a Member of the Convention of the Estates in Scotland . VI. The Grounds on which the Estates of Scotland declared the Right of the Crown of Scotland Forfaulted , and the Throne become Vacant . VII . The Opinion of two eminent Parliament-Men , justifying the Lawfulness of taking the Oaths of Allegiance to King William and Queen Mary . London printed , and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row , 1689. AN ANSWER TO THE DESERTION DISCUSS'D . IF many of our Long-Rob'd Divines , pust up with a Conceit of their own Parts , would but keep closer to their Texts , and their Duties , most certainly our Peace and Union would be much firmer , and more assured then it is . For being sway'd by Interest and Profit , they are more afraid of losing the Advantages of Earthly Preferment , then the Treasures of Heavenly Felicity . Unless they swim in their own Wishes and Desires , all Things are out of Order . The Church is in danger , they cry ; here are Sharers coming in among Us : And by an odd kind of Ecclesiastical Policy , seem rather inclinable to return under the Yoke of Popery , then to endure the Equality of a Dissenting Protestant ; rather to be at the check of a Pope's Nuncio , then suffer the Fraternity of a Protestant Nonconformist . They said nothing to the late King , till he began to touch their Copy-holds : then they call'd out for Help ; and now they are angry with their Relief , because they are afraid of well they know not what . And this is their Misfortune , that if all things answer not the full Height of their Expectations , they are the first that should be last dissatisfied . If all things go not well , as they imagine , they presently grow moody and waspish ; and while they insinuate their empty Notions into others , who admiring the fluency of their Pulpit Language , either out of Ignorance , or Laziness , allow them a Prerogative over their Understandings , the whole Nation must be embroyl'd by their Surmises and Mistrusts . Else what had that Gentleman , who wrote the Desertion Discuss'd , to do to busy his Brains with a Subject , neither appertaining to his Function , nor proper for his Talent ? Why should he be setting himself up against the voted Judgment of ●he chiefest and greatest part of the Kingdom ? A Man of his Profession would have doubtless better employ'd himself , in contemplating the Story of the Three Murmurers against Moses ; and there have learn'd a more sanctifi'd Lesson , then to exalt his Sophistry against the Debates of a Solemn Assembly contriving the Publick Preservation . For certainly never was a fairer Prospect then now , since the many Revolutions under which the British Monarchy has labour'd , of its being restor'd to its ancient Grand●ur and Renown , and of enjoying the Advantages of Peace and Prosperity in a higher measure then ever . So that it must be look'd upon as the Effect , either of a most pernicious Malice , or a strange distraction of Brain , for such Discussers as these , to be throwing about the Darnel of their nice and froward Conceptions , on purpose to choak the Expectations of so glorious a Harvest . For they must be Men that want the government of right Reason within themselves , as being enslav'd either to vicious Custom , or partial Affection , or else they would never run themselves and others with so much precipitancy , into the shame and ignominy of upholding the subvertors of National Constitutions . And all this to blacken and defame the noble Endeavours , and prudent Counsels of those renowned Patriots that pursu'd the only means to rescue a languishing Monarchy from impending Thraldom and Ruin. He does not wonder , he says , that a Man of so much sense and integrity as his Friend is , should be surprized at the Thrones being declared Vacant by the Lower House of Convention . For how , says his Friend , can the Seat of the Government be empty , while the King , who all grant , had an unquestionable Title , is still living . But the Discusser here forgot , that it had been the resolv'd Opinion of two Parliaments already , That there was no Security for the Protestant Religion , the King's Life , or the establish'd Government of the Kingdom , without passing a Bill for disabling the Duke of York to inherit the Imperial Crown of England and Ireland ; and that unless a Bill were pass'd for excluding the Duke of York , the House could not give any Supply to the King , without Danger to his Person , the Hazard of the Protestant Religion , and Breach of the Trust in them repos'd by the People . Upon which a Bill did pass the Commons , and was sent up to the Lords for their Concurrence , by which Iames Duke of York was excluded and made for ever uncapable to Inherit , Possess or Enjoy the Imperial Crown of this Realm , &c. and he adjudg'd Guilty of High Treason , and to suffer the Pains and Penalties as in Case of High Treason , if after such a Time he should claim , challenge , or attempt to possess or exercise any Authority or Jurisdiction , as King , &c. in any of the said Dominions . 'T is true , the Lords did not pass this Bill , for Reasons well known ; yet was it such a mutilation to the Duke's Title , to be disabled from succeeding in the Kingdom , by the whole Body of the Commons , who are the Representatives of the Nation , that it can never be said , that all Men granted his Title unquestionable , as the Discusser imposes upon the World. Besides the many Instances in History , of several Princes who have forfeited their Succession , and consequently their Title to the Crown , for revolting from the Establish'd Religion of the Realm . But , says the Discusser , for I look upon his Friend and Him to be all one ; ( and that he does but put the Question with one side of his Mouth , and answer it with the other ) I had thought our Laws , as well as our Religion , had been against the Deposing Doctrine . That 's not the Question ; but whether a Prince may commit those Miscarriages in Government , whether he may not so far , peccare in Leges & Rempublicam , as to incur the Forfeiture of his Regal Power ? and whether a Prince may be allow'd to subvert the ancient Constitutions and Religion of a Nation , and yet be said to be the Lawful King of that Realm ? These are the Questions : For the● it is not the Law that deposes him , nor the Religion that justifies it . But it is He that deposes Himself : 't is the bad Advice of Evil Counsellors to which he Listens , and which he follows to the ruin of the Kingdom , contrary to the Original Contract between Princes and People , grounded upon the Foundations of all Original Government ; I say , 't is that Adhering to Evil Counsel which deposes a Prince by degrading him from a Lawful King to an Unlawful Tyrant , and renders him Liable to the Animadversion of the Law , and the impeachments of the oppress'd and injur'd People . To assert otherwise were to deprive all National Law and Religion of their self Defence ; which is against all the Law and Religion in the World. I am apt to believe that Christ himself had no very good Opinion of the lawfulness of Herod's Regality , when he sent him that Message , Go tell that Fox , Herod : Which I look upon as a Deposal and Degrading of that Arbitrary Prince by the Founder of our Religion , in his own Breast and Judgment , though he forbore the Execution of his Celestial Power . And therefore it is not the Error of Religion , but the Fault of those that do not well distinguish , that Religion suffers in her Doctrines . For only he who governs according to Law is a King , he that endeavours to subvert the Law , is none . Nor is every rambling and precipitate Brain to be Judg of this neither , but the Solid Law , and fundamental Constitutions of the Realm . So that the Country Gentleman was mistaken in his Thoughts , both of our Laws and our Religion . However the pretended Scrupulous Country-Gentleman desires the Discusser to expound the State-Riddle of the Vacancy ; and to give him the Ground of the late extraordinary Revolution . To which the Discusser gives no direct answer at present , but desires his Friend to take notice , That the Gentlemen of the Convention , who declar'd a Vacancy in the Government , lay'd the main Stress of their opinion upon the King's withdrawing himself . For that since the Story of the French League , and the Business of the Prince of Wales were pass'd over in silence , most Men believed that the pretended Breach of that which they called the Original Contract was no more then a popular Flourish . All which is such an imperfect peice of Incoherence , that none but a madman would have thrust in by Head and Shoulders , as the Discusser has done . For how can it be inferr'd that the Breach of the Original Contract , should be a Popular Flourish , because the Clandestin League , and the False Birth are hitherto pass'd over in silence ? As for the surreptitious Birth , one would think it was sufficiently dilated upon in the Declaration of the Lords ; and why it is not farther brought upon the Stage , there may be several Reasons given ; and among the rest , because it may be thought that the Imposture will vanish of it self , and so there will be no need of casting an Eternal Blot upon the memory of them that contriv'd and own'd it . Then for the Clandestin League , it Suffices that there is apparent Proof of it in Bank. But to call the Breach of the Original Contract pretended , and a Popular Flourish , is a yerk of Malitious Reflection , which only serves to expose the Discusser to Publick censure . For as there is nothing more certain , then that there is an Original Contract between the King and People of England , the Breach of which has cost the Effusion of so much Blood ; so is it as certain that that Original Contract was never so infallibly broken then it was of late . Which as it is allow'd by all the Laws of God and Man , to be a sufficient ground to seek a Remedy ; so was nothing more vigorously urg'd by the Convention . Which might have convinc'd the Discusser , that they did not pretend it for a popular Flourish . But now , lest the Country Gentleman should be shogg'd by seeing the Votes of so considerable a Meeting , debated by a private Hand ; the Discusser reminds him , That a Parliament and a Convention are two different Things . The latter , for want of the King's Writs and Concurrence , having no share in the Legislative Power . But the Discusser forgets , that it was only a Convention of Lords that sent to Richard the Second to meet them at Westminster ; which the King at first promis'd to do ; but upon altering his Mind , sent him another peremptory Message , that if he would not come according to his Promise , they would chuse another King ; and then proceeding farther , according to that Power they had , expell'd against the King's Will several of his chiefest Favourites from the Court ; constrain'd others to put in Sureties to appear at the next Parliament , and caus'd several others to be arrested and committed to several Prisons . If a Convention could do this where the King was present , what signifi'd the Writs and Concurrence of an absent Prince . Nor did they contend for Legislative Power , but only met in a kind of embodied Dictatorship to take care of the present Necessity of Affairs . But this , says the Discusser , was not justifiable , for that the Nenessity which they pretended , was either of their own making , or of their own submitting to , which is the same Thing . But this is all Nonsence . For if the Necessity was of their own making , then were the Lords and Commons the Authors of all the Miscarriages which they laid to the late King's Charge ; If of their own submitting to , then would they never have call'd out for succour and crav'd Relief from their Oppressions . No — They were those crying Grievances sum'd up in the Declaration of the Lords Spiritual and Temporal and Commons assembl'd at Westmister presented to their Present Majesties upon the Twelfth of February Last ; which when the late King could not justify them by force of Arms , but fled for it , not being able to answer his endeavours to subvert and Extirpate the Protestant Religion and the Laws and Liberties of the Kingdom , put them to that necessity of assembling after an Unusual Manner , to provide for the Common Safety . How ever the Discusser will have it a Necessity of their own creating , tho never so false . For , says he , if the King had either not bin driven out of his Dominions , or invited back upon honourable Terms , they needed not have had recourse to such unusual singular Methods of proceeding . And thus the Discusser rambles out of one Untruth into another . For he fled from offer'd Treaty , forsook the defence of his own Forces , and left them to be disbanded in Arrears and without Payment ; slipt from his own Council by Night , after he had appointed to meet them in Consultation the next Morning . Nor could he justly suspect , that any Violence would have been offer'd to Him in particular , being so well assur'd as he could not choose but be , of the Generous Inclination , and profound Respect which the Prince had to his Person . But if the Guilt of peculiar Miscarriages hasten'd his Departure , or oversway'd him toleave the He●m of Rule without any Form or Face of Goverment : That could ne're be call'd an Expulsion out of his Dominions . And therefore when a certain Gentleman waiting on him at Feversham besought him to return to London , he gave the Person this Reply , That he was an honest Gentleman , but knew not what he knew . And when he had once abandon'd the Kingdom all forlom without either Head or Conduct , without Council , or any Countenance of Authority , then according to the Judgment of the Common-wealth of Venice in reference to the Succession of Henry the 4 th . it belong'd to the Nobility and chief Persons of the Land , as they are the chief Defence of the Royal Authority , to take care of the Publick Safety , whether by usual or unusual Methods of proceeding it matters not ; and they have both the Authority of Law and Necessity to justify their Proceedings . As for his being invited back upon Honourable Terms , 't is well known how he return'd back , and went through the City on the Sunday Night , attended by his own Guards , and lodg'd in White-Hall , and this most certainly in order to an Accommodation . Only because the Prince was coming to Town , he was sent to , and for the avoiding any Disturbance that might be prejudicial to his Person , was humbly desir'd to retire to Ham-House , with Liberty to make choice of what Persons he thought fit to attend him . Which he promised to do ; but recollecting himself , and desiring to know whether he might not return back to Rochester , word was sent him the next Morning that he might do as he pleas'd . All this while here was no Constraint put upon him ; so that he could not be said to be driven out of his Dominions , but that it was his own Choice to forsake it . Notwithstanding all this , The Discusser will undertake to prove , That the King before his withdrawing had sufficient Grounds to make him apprehensive of Danger , and therefore it could not be call'd an Abdication . But through the whole Pursuit of his Argument , the Discusser most wretchedly mistakes the Point , quite mistaking the Effects for the Causes . For , says he , Had not the King great Reason to retire to secure his Person and his Honour , when he had met with so many unfortunate Disappointments , with so many surprising and unparallel'd Accidents ? When part of the Army was revolted , and the Remainder too apparently unserviceable ; When the People had such fatal and unremoveable Prejudices against his Service ? When there were such terrible Disorders in the Kingdom , and all Places were either flaming or ready to take Fire ? What should a Prince do when he had scarce any thing left him to lose but himself , but consult his Safety , and give way to the irresis●able Evil ? These are very great Disappointments and evil Accidents indeed to befal a Prince . But the Discusser forgets to tell ye , That the Prince brought all these Inconveniencies upon himself . The Discusser tells ye that part of the Army revolted , but he omits to tell ye , that it was out of a Generous Principle , for that being Protestants , they would not embrue their Hands in the Blood of their Fellow-Protestants and Countreymen , nor be Instruments to enslave the Nation . He tells ye of terrible Disorders in the Kingdom ; but does not tell ye , it was time for the People to be in Disorder , when they saw such Incroachments upon their Ancient Franchises , such Inundations of Popery flowing in upon their Consciences , and such a rapid Violence of French Thraldom tumbling in upon their Necks . He complains that all Places were either flaming or ready to take Fire , but forgets to tell you who were the Incendiaries . These therefore , with several others of the same Nature , being the true Causes that drew the foresaid Inconveniencies upon the King , it follows , that tho the Secondary Constraint of his withdrawing might be occasion'd by the Effects , yet the Primary Cause of his withdrawing proceeded from the First Causes which produced the Effects . Consequently such a Retiring was voluntary and not forc'd ; because he may be justly said to fly from something of dreaded Punishment , rather then pursuing Danger , from which he was always at a distance ●ar enough off , but dubious what would become of him as to the Former . The Discusser makes many other grievous Complaints to justify the King's First withdrawing ( for hitherto he is altogether upon that ) but when he comes to sum up all . In short , says he , when the Forts and Revenue were thus disposed of ; when the Papists were to be disbanded , and the Protestants not to be trusted ; when the Nation was under such general and violent Dissatisfactions ; when the King in case of a Rupture had nothing upon the matter but his single Person , to oppose against the Princes Arms , and those of his Subjects ; when his Mortal Enemies were to sit Judges of his Crown and Dignity , if no farther ; when Affairs were in this tempestuous Condition , to say that a Free and Indifferent Parliament might be chosen , with the Relation to the King 's Right as well as the People's , and that the King had no just visible Cause to apprehend himself in Danger , is to out-face the Sun and trample upon the Understandings , and almost upon the Senses of the whole Nation . As for the Fortified Towns , it was but Reason that his then Highness the Prince of Orange , who came over to rescue the Nation from Arbitrary Violence and Oppression , should demand them to be put into his Power , well Knowing them to be then in the Hands of Irish Papists and Cut-Throats , of whom the People stood in Perpetual Fear , and who were rather a Consternation then Security to the Kingdom . And the same reason holds in Relation to the Revenue . For all the World knows , what Vast Sums had been Squander'd away by the late King , when Duke , to keep off the sitting of Parliaments , and to buy off the Members when they Sate ; and when that Money was spent so much to the Detriment of the Realm , what Sollicitations were made to the French King for more , to carry on the Popish Cause and Interest . It was as well known how the Revenue had of late Years been Embezl'd to keep up a standing Army of Irish Ragamuffins ; as if England were now in its Turn to have been conquer'd by Ireland , as formerly Ireland had been conquer'd by England . From which fears when his present Majesty had delivered the Nation , it was but reason that his Army should be pay'd out of the Publick Stock for their happy Toyl and labour . For the Publick Revenue of all Kingdoms and States was ever Originally intended for the Preservation , and not the Destruction of the People . Upon the Disbanding of the Papists , the Discusser makes a special Observation , That no Test-Acts nor any Others could barr the King from Listing them as Common Souldiers . This perhaps may be true ; that is to say , that a Protestant Prince may list Papists , and a Popish Prince Protestants , to follow him in a lawful War. But when a Popish Prince in a Protestant Nation had made his chiefes● Levies of Popish Common Souldiers to over-aw his Protestant Subjects , and put his sole Confidence in them for his known and open Designs and manifest Endeavors to introduce Popery into a Protestant Kingdom , contrary to the Law , 't was time then to think of disbanding such Vermin , and ridding them out of the Land. And the reason why the Protestants could not be trusted was as certain . For if the King would not trust his Protestants , nay disarm'd them , when Papists were both arm'd and Employ'd , what reason had the Protestants to trust the King. And this was that which among other Things created and foster'd those General and Violent Dissatisfactions in the Nation . For Men have naturally a general and violent Antipathy against having their Throats Cut if they can help it . And therefore since the Kingdom by a Miraculous Providence had obtain'd its Redemption , 't is to be wonder'd the Discusser should imagine 't was ever intended that the late K. should be in a Condition again to oppose either his own or the persons of any others against the Arms of the Prince or those of his own Subjects . And whereas , he says , that the King 's Mortal Enemies were to be the Judges of his Crown and Dignity , the Discusser should have done well before he had made his Reflection upon so many Eminent Patriots , to have consulted Grotius , l. 1. c. 4. Par. 8. and the Example of Pausamias King of L●cedaemon there cited . Certainly there was no such Impossibility but that a Free and Indifferent Parliament might have been chosen to deal equally between the King and the People . For tho the King perhaps might be conscious that he could not so well rely upon the Kindness of those to whom he had always had such an inveterate Antipathy , yet he might have rely'd upon the Justice of so many Great and Worthy Personages . So that it is the Discusser himself who out-faces the Sun and tramples upon the Understandings and Senses of the whole Nation , who makes these little Rhetorical Flourishes to palliate and obscure the Truth , and to insinuate among the People , as if Wrong and Injustice had been done , where nothing was acted but what was a due debt to Self-Preservation . And with the same Brazening the Discusser out-faces the Sun , and tramples upon the Senses of the Nation , to assert that a Desertion of the Government , after such Proposals , which were rather Assurances of his Safety , was no Desertion . He had been safer in the Affection of the People , when all his evil Counsellers had been remov'd from about him ; he had been safer from the Importunities of his Priests and Jesuites ; He had been more secure from running himself into farther danger , and safer in the Enjoyment of his Royal Dignity . But he who had so Solemnly sworn to Establish Popery in England or die in the Attempt , thought himself no where safe perhapps , but where he might be procuring his future Bliss , by the Performance of his Vow . The Discusser now advances to the King 's second withdrawing , and puts the Question , what the King had done to incur a forfeiture by his first Retirement ? Indeed what had he not done ? If the Discusser ●orgot in his Discussing Heat , the Declaration presented to their Present Majesties would have rubb'd up his Memory . Among the rest there was one , That he had endeavoured to Subvert and Extirpate the Protestant Religion , and the Laws and Liberties of the Kingdom , by raising and keeping a Standing Army in the Kingdom in time of Peace , without Consent of Parliament , and quartering Souldiers contrary to Law ; and by causing s●veral of his good Subjects to be Disarm'd at the same time when Papists were both Arm'd and Employ'd . Now to what purpose was all this , but to Subject the Kingdom to the Tyranny of the Pope ? In such a case Barclay cited by Grotious , l. 1. c. 4. per. 10. gives this for his Opinion , Si Rex regnum alienet , aut alij Subjiciat , amitti ab eo Regnum . To which Grotius himself adds , Si Rex reipsa tradere regnum aut Subjicere molliatur , quin ei resisti in boc posse non dubite . Aliud est enim Imperium , aliud habendi modus ; qui n● mutetur , obstare po●est Populus . After all this , it cannot be imagin'd that the King returned the second time with an intention to govern ; unless he might govern at his own will and Pleasure as he did before . But that would not be suffer'd him ; for they who had now avoided the Yoke so near putting about their Necks , would never endure it should come so near their shoulders again . Therefore all the Probality in the World is on this side , That the King perceiving , that by taking the Government upon him again , he should not be able to attain those Ends which he had made the Business of his whole Reign , resolv'd to relinquish it altogether . At which time being at liberty to go or stay , his Departure must of necessity be accounted Voluntary , and consequently an Absolute Abdication . Lastly , it is impossible that the King could be frighted out of his Dominions , by the making of two or three Addresses to his then Royal Highness the Prince of Orange ; for it was no more than rationally he could expect would be done ; more especially from the City to the Person , who next under God had deliver'd them from their Continual fears of Fire and Sword. Nor by the denying him a little Gold to Heal with ; which looks like an improbable Story of the Discusser's own framing . These are Motions so inconsiderable for a King to forsake his Dominions , that the Discusser seems to have Conjur'd them up meerly to degrade the Courage of the Absenting Monarch , and to mortify his own Discussion . But after all , the Question may be fairly put , whether Withdrawing , in the Construction of our Law , does not rather imply a Guilt , than an Apprehension of Danger , unless it be that of being call'd to an Account , since the Query always propounded to the Jury is , Did he fly for 't ? Which indeed ought to be the Legal Determination of this Dispute . However the Discusser goes on , and tells us , We are to observe , that to abdicate an Office always supposes the Consent of him who quits . And this he affirms to be the meaning of the Word out of Salust , Tully , Livy and Grotius . But both the Supposal , and the Asseveration are false . For Consent implies , that the Question must be put , Whether the Person will Abdicate or no ? Which never was put to any Abdicator in this World. Upon a forc'd Resignation it has . But a forc'd Resignation is no Abdication . Certain it is that Abdicare signifies to renounce , forgoe , or abandon . And the Motives to this Abdication are various , and generally prevailing upon the Reason of the Person that Abdicates himself , according to the Condition of Affairs and the Circumstances he is under . And therefore tho a Magistrate may abdicate with the consent of others , yet he rarely does it out of a natural Inclination . Thus it cannot be imagined that Lentulus , one of the Conspirators with Catiline , abdicated the Pretorship , with the Consent of his own Will , for he was one of the most aspiring Men in the Universe ; but because he found himself so obnoxious that he could hold it no longer : Thus Sylla abdicated the Dictatorship out of a Vain-glorious Opinion of Felicity that attended him , and to shew that he had such an awe over the Romans , that tho he were a Private Person , no body durst call him to an Account for the Cruelties he had committed . History tells us , that Dioclesian abdicated the Empire , for madness that he could not have his Will of the Christians . How does the Discusser know , but that King Iames abdicated the Government because he could not have his Will of the Protestants ? Charles the V th abdicated the Empire , because he found his wonted Good Fortune had left him . Bernard Rasfield Bishop of Munster finding himself between two Grindstones , the Persecution of the German Priests , for going about to deprive them of their Concubines , and the Pope's Excommunication , if he did it not ; abdicated his Principality and Bi●hoprick , that he might be at quiet . Lastly , to shew that Abdication does not always imply Consent , Brutus compell'd Tarquinius Collatinus to abdicate the Consulship , only because his Praenomen was invisum Civitati . And then as for what the Discusser adds out of Grotius , That a Neglect or Omission in the Administration of Government , is by no means to be interpreted a Renunciation of it ; there 's no Body censures the late King for any Omission or want of Diligence in the Administration of his Government , for he was too diligent indeed ; and that Diligence was the main Grievance which disgusted the People ; his Diligence to extirpate the Protestant Religion ; his Diligence to subvert the Laws and Liberties of the Ringdom ; and his Diligence to introduce Popery . And this Diligence , 't is to be fear'd , was one of the main Causes of his Abdication : Had he omitted more , he would have had less reason to have abdicated . And therefore it is a Vanity to infer that there can be no Pretence for an Abdication ; because the Word , as he says , always , that is very rarely , or never , supposes the Consent of him that quits . For that it is not in the Nature of Man to abdicate Empires , Kingdoms , Wealth and Honours , but there must be some compul●ive Reason within that moves them to it . When Princes find the Times and Constitutions of the Kingdom will not bear their Government ; when Emperors grow stiff and stark with Age , and begin to feel the Lashes of ill-Fortune ; when Ambitious Aspirers perceive they must take other Measures to compass their Designs , then they swallow a self-denying Ordinance , and think it convenient to retire from the Cares of the World , or out of Harms way . The Discusser says , We have but two Instances with us which look like an Abdication since the Conquest , which are in the Reigns of Edward II. and Richard II. both which were unjustly depos'd by their Subjects . 'T is true , they were so far from looking like Abdications , that they were no Abdications at all . For both those Princes being under a strict Confinement , it was impossible for them to abdicate , unless they could have made their Escapes . Therefore they were forc'd Resignations , and consequently formal Deposals . Nor had the Queen or Henry of Lancaster any cause to declare the Throne Vacant , as having already taken care to fill it themselves : And whether those Princes would have resign'd or no , it would have signified little to them that were by Claim in Possession . But the Discusser has overslipp'd one Instance of a Perfect Abdication since the Conquest , which the King would have certainly felt to his Cost , had not the Pope and the Poictovins been his true Friends : and the Case was much the same as at this Time. For the Lords and Barons of the Realm in the Reign of King Iohn , having often desired the King to restore them their Ancient Rights and Liberties , and finding nothing but Delusions , resolve no longer to be abus'd but betake themselves to Arms. The King then lying at Windsor , and perceiving himself too weak for the Lords , thought it no good way to proceed by Force but rather by Fraud , and therefore sends to the Lords , that if they would come to Windsor he would grant their Demands . Thither the Lords repairing , tho in a Military Manner ( sor they durst not trust the King's Word ) he saluted them all kindly , and promis'd to give them Satisfaction in all they demanded : And to that Purpose in a Meadow between Stains and Windsor , call'd Running-Mead , he freely consented to confirm their former Charters ; and was content that some Grave Personages should be made choice of to see it confirm'd . But the next Day , when it was to be done , he withdraws himself privately to South-Hampton , and thence to the Isle of Wight : Where it was concluded that he should send to the Pope , acquaint him with the Mutiny of his Lords , and require his Holinesses help . In the mean time the King lay sculking up and down for three Months together in Corners , that no Body knew where to find him ; or which was worse , as some write , roving and practising Pyracy upon the Neighbouring Seas . Whether the Lords and Barons did in Words declare this to be a Vacancy of the Throne , is not material to enquire . Perhaps they were not so curious in those Days : But what they did in Deeds , amounted to the same as if they had done it in Words . For perceiving themselves thus eluded , they swore upon the Holy Altar to be reveng'd . And what Revenge that was likely to have been is easy to conjecture , by their swearing Allegiance afterwards to Lewis the French King's Son , and bearing Fealty to him till the Death of the King. Whence it may be inferr'd , That if a Prince in Hostility with his Subjects deserts his Kingdom , upon any Account , They who are next to the Government are not to hesitate as King Iohn's Barons did , in expectation of the King's Return , but immediately to take care of the Common Safety , lest they should bring the same Ruin upon the Kingdom , as those Barons did by their Delay . Lastly , If the Discusser will not be convinc'd by what has hitherto been said , Let him examine the King 's own words , and try whether he can pick out any better Construction out of them then that which I shall make . Says the late King in his Letter to the Earl of Feversham , Things being come to that Extr●mity , that I have been forc'd to send away the Queen , and my Son the Prince of Wales , that they might not fall into my Enemies hands , I am oblig'd to do the same thing , and to endeavour to secure my self the best I can , &c. Expres●ions of a disponding Mind , and only full of Grief for the Disappointment of the Popish Career . The King was afraid of the Queen , and his Son the Prince of Wales as he calls him , and therefore deeming it convenient to send Them out of the way , believes himself oblig'd to follow them . 'T is true , there might be some Reason perhaps for him to send Them away ; but none to send away himself , not being under the same Circumstances . For let it be Paternal or Conjugal Affection , or both together ; What could be a greater Desertion than this , for the sake of a Wife and a Son to leave three Kingdoms at six and sevens ? He speaks of securing himself as well as he can , but mentions nothing of Danger ; only leaves it to the Lord Feversham and others to presume the Causes of his Fears . But certainly the apprehension of Danger can never excuse a Sovereign Magistrate from the Desertion of his Dominions , at the same time striving and strugling under the Pangs of the Dissolution of Government . If such a Desertion of his Territories in that forlorn and languishing Condition , to accompany the Tribulations of a Wife and a Son , be not a perfect Abdication of his Territories , the Words relinquish , desert , forgo , abandon , abdicate , have lost their Signification . Thus Lysimachus in Plutarch , de sera vindicta Dei , after he had surrendered his Person and Dominions to the Getae , for a Draught of Drink , in the extremity of a parching Thirst , when he had quench'd his Thirst cryed out , O pravum Hominem ! that for so small a Pleasure have lost so great a Kingdom . He would be thought very unfit to be the Master of a Ship , that should throw himself into the Sea , when his Vessel and Cargoe were almost ready to perish . And I will appeal to the Lord of Wemm himself , whether if he were to try an Abdicating Prince upon this Point , with the same Huffing and Domineering as he did Inferiour Offenders , he would take it for a good Justification to say , I had thought , or I apprehended my Person to be in Danger . Rather it becomes a Prince at such a time to exert his Courage , and contemn his own , when the publick Security lies at stake , especially when the Remedy propounded was so easy as the Convoking of a Free Parliament . But to withdraw at such a perillous Conjuncture from the Application of his desir'd , nay almost implor'd Assistance ; What can the Discusser think of himself to deny so plain an Abdication ? And this I take to be the Opinion of the late King's Abdication , intimated by the Lords Spiritual and Temporal assembled at Guild-Hall , Decemb. 1688. where they are pleased to say , That they did reasonably hope that the King having sent forth his Proclamation and Writs for a free Parliament , they might have rested secure ( as doubtless the King might also have done ) in that Meeting . But his Majesty having withdrawn himself , &c. they did therefore unanimously resolve to apply themselves to his Highness the Prince of Orange , &c. That is to say , The King having withdrawn himself from the Cure of the Grand Distempers of the Nation , and consequently Abdicated the Government , they resolv'd to apply themselves to a more Skilful , at least a more Willing Physician . Which had the Discusser more considerately discuss'd , when he wrote his Discussion , would have sav'd him a great deal of trouble and expence . Thus much for the Reasons which the Discusser brings to prove that the King , before his withdrawing , had sufficient Grounds to make him apprehensive of Danger , and that therefore it cannot be call'd an Abdication . That which follows , being altogether grounded upon certain Statutes and Laws of the Land , to the knowledg of which the Discusser seems to be a great Pretender , is answer'd in a Word , That they who pronounc'd the Throne Vacant , understood the Latitude of their Power , and the Intent and Limits of the Laws and Statutes of this Realm to that Degree , that if nothing else , the Consideration of that might have deterr'd the Discusser from the Presumption of appearing so vainly and scandalously in the World. Nor would I be thought so impertinent to transgress the Bounds of my own Understanding as he has done . For indeed , to tell ye the Truth , if the Discusser should come to a Trial at Westminster-Hall , I am afraid the Lawyers will certainly inform him that he has very much either mistaken or misquoted his Authors . FINIS . SATISFACTION tendred to all that pretend Conscience for Non-submission to our present Governours , and refusing of the New Oaths of FEALTY and ALLEGIANCE . In a LETTER to a FRIEND , By R. B. late Rector of St. Michael Querne , London , And now Rector of Icklingham All-Saints , Suffolk . SIR , I Cannot but admire at the Stiffness , not to say Obstinacy of some , in not complying with the present Government , considering the late danger of Popery , and that an Arbitrary Power was exercised amongst us by our late Rulers , in asserting their Dispensing Power , by the Mercenary Judges declared to be Law. You may remember in our late Conference upon this Subject , you pleaded in Defence of your selves , and others , the Obligation you lay under to the Oath of Allegiance , with your Subscription to the Doctrine of the Church of England , contained in the 37 th Article , and the First Canon of the Church : but if it appear that all this is rather grounded upon Mistake , than any solid Reality , I will not question your ready Submission . Oaths I confess are very strong Ties upon Men of Conscience , and they are to be tenderly dealt with until that Prejudice be removed ; give me leave therefore with Sobriety and Meekness to enquire , Whether that Oath be still in Force , with the Obligation to it ? if not , that Plea must vanish and disappear . And here first , let me remind you of the occasion of imposing the Oath of Allegiance ; it was injoyn'd to distinguish betwixt Church and Court , Loyal and Disloyal Papists , upon that horrid Gunpowder-Treason , which hath left a Stain of Villany and Cruelty upon that Religion , never to be wiped off : Read over the Anatomy of that Oath , made by K. Iames the First in his Book of the Defence of it ; And what is there in if that can stick upon any Protestant ? except that Clause of denying all Foreign Jurisdiction , Prince , or Potentate : And this you seem'd to hint at , when you said the Prince of Orange was a Foreign Prince . Will you be pleased in answer to this , to fix your Thoughts upon that of the great Apostle St. Paul , he is excepted that put all things under him . So here , without Question , the King may divest himself of all Authority and Power , and when this is done the Obligation ceaseth , as if he were really Dead . The Preface to the New Oath is not an authoritative Abdication ; but rather a Declaration of Matter of Fact , that the late King Iames hath abdicated . So that in fine the main of the Controversy lies here , Whether the late King did abdicate ? For , if he did , without all Question the Obligation of all Oaths taken unto him is ceased . In confirmation of the Affirmative , I shall endeavour to make it clear that any King may , And secondly , That the late King did abdicate . That Kings may denude themselves of their Princely Power and Sovereignty , appears from what was done by Charles the Fifth , Emperor of Germany , and King of Spain at the same time , who did abdicate both ; and his Subjects took new Oaths of Fealty to other Princes . Some of those Times might question his Courage , but none did ever except against the Validity of it . May it not seem something unjust to deny this Liberty to Princes , when they find themselves overcharged with the Weight of Government , to retire into a Privacy for the better enjoyment of their inward Peace and Quiet ? But I presume no Man will deny this Hypothesis . It remains to prove the Thesis , That the late King did abdicate . 1. I will not dwell upon what was done by the Metropolitan , and other Lords of the Council , upon his first withdrawing ; they came into the City , and with the Lord Mayor sent for the Lieutenant of the Tower , seize upon the Keys , dispossess the Souldiers , place a new Garrison there , and desire the Prince of Orange to assume the Regency ; Why all this , if he had not Abdicated ? Upon what other ground durst they raise Arms , seize upon his Royal Fort ? Or how can they excuse themselves from formal Rebellion and breach of Oaths , if this be not granted , and is not unpresidented , That Princes shall take up their Scepters again , when they have laid them down . But to pass by this . 2. I would willingly be resolv'd by any Thinking Man , whose Judgment and Testimony is most authentick in this Particular ; Whether I am to resolve my self into the Judgment of the whole Nation , in a full and clear Representation in Parliament , or into the private Francies or Opinion of a few Men ? I remember what you once repli'd to this , That every Mans Conscience is to judg for himself in point of Practice . But do you not know when , and by whom this Principle was exploded , whilst some were prosecuted for meer Matters of Worship ? And shall this be pleaded by those Men who so vigorously have acted against it , when in its own Nature it is so destructive of the Civil Peace ? A Line and a Line is an Abomination . Did ever any Government upon the Pretence of Conscience dispence with Disobedience in Things necessary to its Establishment ? And can any Man expect to be excus'd from taking the Oaths , which is the only Moral Security the Government can expect or require ; and upon this very Pretence , which if allowed , all Kingdoms must dissolve into Anarchy and Confusion ; Religion and Conscience being the Common Pretentions of all Male-Contents . This may suffice to satisfy any sober Rational Man , that is not resolv'd to maintain the Conclusion , be the Premises never so weak . Some there are that presume their Subscription to the Doctrine of the Church of England , in her Book of Articles , will not permit them to yield their Obedience to these Alterations . But if this shall prove a Mistake , and our Obedience shall be conformable to our Principles , will it not rather be esteemed Peevishness than Conscience ? To discover the Mistake , let us consider when , and by whom , the Articles were composed ; and refer the Practices of those Times to the Articles , as an authentick and clear Interpretation of them , and this also will vanish like Smoak . 1. The Articles were made , or at least confirmed , in the Reign of Queen Elizabeth , who was a constant asserter and maintainer of this Maxim , That it is lawful for a neighbouring Prince to relieve and defend the Subjects of another , when invaded in their Laws , Liberties , and Religion . Who was it that protected and assisted the Hugonets in France , against the Tyranny and Violence of their Princes ? Was it not this Gracious and Heroick Queen ? And who was it that protected the Netherlands against the Violence and Usurpations of the Spanish Monarch ? And was all this contrary to the avowed Doctrines of our Church , of which she was the Defender ? Was not this defended , or at least allowed of , by the Church-Men of those Times ? must it be now inconsistent with the Principles of our Times ? Do they bind our Hands , so that if we are invaded we may not crave the like Protection ? Let any sober scrupulous dissatisfied Person give a sober Answer and Resolution to these Queries . The Dutch Netherlands erected a new Model of Government under her Protection , after they had shaken off the Spanish Yoak . 2. Let it be granted , what ought not to be denied , That the late King did abdicate , and that the Government did devolve upon the People , and these in a full Representative of the whole Nation , whether in Parliament , or in a Convention , ( it matters not which , whilst that was a free and fair Choice ) have constituted these to be our Governours ; Are we not to pay and swear Obedience unto them , as well as their Predecessors ? And if this were rightly weigh'd , would answer an Objection from that Declaration , in the Act of Uniformity , I abhor that Traiterous Position , &c. If after all this Men will fix all upon a Ius divinum , and fly to Scriptures , let them give plain positive Texts , for a general Form , with Rules universally relating unto , and obliging all Places and Men. If they cannot , let them confess that God hath left all Nations and People , to be ruled by that Government and those Laws , which are most suitable to the Constitution and Temperament of the People ; and this I lay down for a Foundation not to be overthrown . But to Answer : those places which are so much insisted upon , that of our Saviour's , St Paul's , and St Peter's , we need to make use of that absurd Assertion of some of the Romanists , That this was only enjoyn'd and to be performed until they had opportunity to make a Resistance . This would stain the Glory of the Primitive Martyrs . Not a forced , but a voluntary Martyrdom deserves the Crown ; however this gives a taste of the Loyalty of these Men and their Religion , to the maintaining of which the Popish Princes sacrifice all their Power and Policy . But for a more Substantial Answer , by way of Satisfaction to these Scruples , let it be duly considered , that the Primitive Christians and we were under different and distinct Administrations ; they liv'd under absolute Monarchs , their Grandeur was won by the Sword , and confirm'd by a pure Despotick Power ; and therefore their Resistance had been unlawful , contrary to the Rule and Force of their Government : but it is quite otherwise with us . We are setled upon a Gothick Model , our Princes make no Laws without our own Consent ; they are obliged to the excution of Laws made by our selves with their Consent ; they have no Power to dispense with the breach of them by others , nor to invade them themselves . This was own'd by the seven Bishops , declar'd by former Parliaments ; so that no Man is bound to pay their Allegiance any further , Let Caesar have what is Caesar's , and the Subjects what is theirs , their Laws , their Birth-right . In some cases Moral positive Duties are superseded by what is naturally Moral , as in the Duties of the fourth Command , so here . Tho Government in general be founded upon Nature , yet this or that Form is but positive ; and if it be not consistant with the end of Government , Self-preservation , Why should not it be either altered , or fixed in those who will prosecute the right end , the Preservation of the publick Peace and Liberties of the People ? To what hath been said , let me add , ex abundanti , the late King 's retiring into France ; if it amount not to an Abdication , it comes near unto a Forfeiture , and no Prince or State can have less Reason to indeavour to restore him to his Crown and Dignity , than that Monarch . Whence hath he his Claim but from Hugh Capet , and he from the Election of the great Men of the Kingdom ? and why did they pretend to lay aside Charles Duke of Lorrain , whose Right it was by Succession , but meerly upon this ground , He had joyned himself to the Enemies of the Kingdom ? and so they transfer the Crown unto another Family , that of the Capets . And does not all Christendom in general , and the English Nation in particular , look upon that great Man of France as a Common Enemy ? shall not that which may hinder Succession , justify in part a translating of it unto another ? But ( blessed be God ) all these are cleared in an Abdication , and that asserted by the Representative Body of the whole Nation . And now , good Sir , be perswaded to lay aside all Prejudice , submit your Sentiments to the Judgment of your Superiors , yield your Obedience and Fealty in taking the Oaths ; this you see is your Duty , and not only so , but your Interest . It is not long since we were apprehensive of Popery , and the Church-of - England-Men did set themselves in direct Opposition against it , and all the Accesses toward it ; for which the Generations to come shall call them blessed . But whence come these Apprensions to be lessened ? can we expect a perfect Freedom from these Fears , should he be re-admitted to his Authority ? It is not possible a Popish Soveraign should keep Promise with his Heretical Subjects , as they stile us ; their words and Oaths , if Roman Catholicks , bind no further then stands with the Interest of their Religion , and we know who both can , and will dispence with Oaths and Promises made to Hereticks . Would you fetter him by Laws ? these have been , like Sampsons Cords , easily broken : Would you place him under Tutors and Governours ? He is no minor , cannot submit ; aut Caesar , aut Null●s . Men are but Men at the best , and Time , and Preferment may alter their Judgments . However these would make him a Prisoner , and no King. Should we submit in hopes of another Opportunity ; Would he not settle a Correspondence with Male-contents at Home , and Foreign Princes Abroad ? and if he prosper in the Design , hath that Common plea , That his Promises are Void , because made by him when under Restraint ? And then , What will become of all that is dear unto us , Religion , Lives , Liberties , and Estates ? This is prevented by an Abdication ; so that if he return , it must be by Conquest , and then he will rule by the Sword , we shall all be in the same Condition , lie under the charge of Hereticks , Rebels and Traytors ; the Government chang'd from a regulated Monarchy into an absolute Tyranny , our Religion abrogated ; we shall be sold as Slaves , or burnt as Hereticks . If Men love Bonds and Imprisonments , Rapine and Sequestration , Racks and Tortures , Fire and Faggots , let them continue this Humor and Aversation ; but if none of these be lovely , as indeed they are not , let us bless God who hath redeemed us from the Hand of our Enemies , and the Hand of all that hate us . Let us joyn issue with the Divine Providence ( which hath delivered us from all these Evils ) in submitting and yielding our Obedience to our Soveraign Lord and Lady , by whose Conduct and Courage we are brought into a state of Freedom and Peace . Be not affrighted out of this by the false Rumors and Reports , spread abroad by evil-minded Men , but let us unite in our Submission to our present Rulers , that thereby we may strengthen their Hearts and Hands in our common Defence . There remains one Prejudice , but no Objection arising from the vain Fears of some Men , that the Church begins to be shaken in her Authority , whilst matters of Religion fall under a Dispute , and no Convocation consulted with . But this , if fully considered , would swell a private Letter into too great a Bulk . Let me for the present desire you to consider , there is nothing design'd in Doctrinals , but meer Matters of Ceremony , and a relaxation of some Laws , not consistent with the greatest Interest of the Nation in this present Juncture , the Union of Protestants . And out of experience , that the severity of those Laws never reclaim'd one Dissenter , but rather did drive others out of the Pale of the Church ; it is not unworthy of , but highly becoming the Wisdom of those worthy Patriots to find out a Method , whereby all Protestants of every Form may be brought into an easy Condition . This Subject , if this Letter find a candid Reception , may be more fully considered of , by Your very Friend , Servant , and Brother , R. B. To the Right Honourable the Lords Spiritual and Temporal , And to the Honourable the Knights , Citizens , and Burgesses in this present PARLIAMENT Assembled ; The Humbletition of TITUS OATES , D. D. Most Humbly sheweth , THat your Petitioner in the Year 1678 , discovered a horrid Popish Conspiracy for the Destruction of the late King Charles the Second , His Present Majesty , and the Protestant Religion within these Kingdoms ; and prov'd it so fully , that several Parliaments , and Courts of Justice , before whom he gave his Testimony , declared their Belief of it by publick Votes , and the Condemnation of several of the Conspirators . For which Reason , and because your Petitioner would not be terrified by their Threats , nor seduced by their Promises of great Rewards ( with both which Temptations they often assulted him ) to desist in his Discovery ; the Jesuits and Papists pursued him with an implacable Malice , and endeavoured to take away his Fame and Life , by suborning Witnesses to accuse him of Capital Crimes : but being defeated in that Villanous Attempt , they first procured King Charles the Second to withdraw that Protection and Subsistence his Majesty had , at the Request of several Parliaments , allowed to your Petitioner ; and then instigated his Royal Highness the Duke of York to prosecute your Petitioner in an Action of Scandalum Magnatum , for speaking this notorious Truth , viz. That he the said Duke of York was reconciled to the Church of Rome ; and that It is High Treason to be so reconciled : wherein a Verdict and Judgment for one Hundred Thousand Pounds Damages were obtained against your Petitioner , and your Petitioner was committed to the King's Bench-Prison . After this , the same Popish Party obtained leave from King Charles the second , to prefer two several Indictments against your Petitioner , for two pretended Perjuries in his Evidence concerning the said Conspiracy , which they brought on to Tryal in the Reign of King Iames the second ; and your Petitioner was upon the Evidence of those very Witnesses , who had confronted him in three former Tryals , and were disbelieved ; and through the Partial Behahaviour of the Chief Justice Ieffreys , in brow-beating his Witnesses , and misleading the Juries , convicted of the said Pretended Perjuries , and received this inhumane and unparallel'd Sentence following , viz. [ To pay two thousand Marks to the King : To be devested of his Canonical Habit : To be brought into Westminster-Hall with a Paper upon his Head , with this Inscription , Titus Oates convicted upon full Evidence of two horrid Perjuries : To stand in and upon the Pillory two several days , for the space of an Hour : To be whip'd by the comman Hang-man , from Aldgate to Newgate on Wednesday , and to be whip'd again on the Friday following from Newgate to Tiburn : To stand in and upon the Pillory five times in every Year of his Life ; and to remain a Prisoner during his Life . ] Which Sentence being intended , as your Petitioner hath just reason to believe , to murther him , was accordingly executed with all the Circumstances of Barbarity ; he having suffered some thousands of Stripes whereby he was put to unspeakable Tortures , and lay ten Weeks under the Surgeons Hands . Neither did their Cruelty cease here , but because your Petitioner , by God's Mercy miraculously supporting him , ( and the extraordinary Skill of a Judicious Chirurgion ) outlived that Bloody Usage , some of them afterwards got into your Petitioner's Chamber whilst he was weak in his Bed , and attempted to pull of the Plaisters apply'd to cure his Back , and threatned to destroy him : And that nothing within their Power or Malice might be wanting to compleat your Petitioner's Misery , they procured him to be loaded with Irons of excessive Weight for a whole Year , without any Intermission , even when his Legs were swoln with the Gout ; and to be shut up in the Dungeon , or Hole of the Prison , whereby he became impair'd in his Limbs , and contracted Convulsion Fits , and other Distempers , to the great Hazard of his Life . All which illegal Proceedings , and barbarous Inhumanities , your Petitioner humbly conceives were not only intended as a Revenge upon him , but likewise to cast a Reproach upon the Wisdom and Honour of four successive Parliaments who had given him Cre●it , and upon the Publick Justice of the Nation . And your Petitioner humbly hopes that since the Papists themselves have verified and confirmed his Evidence by their late open and avowed Violations of our Religion , Laws , and Liberties , this Honourable House will vindicate the Proceedings of former Parliaments , and discharge your Petitioner from those Arbitrary and Scandalous Judgments , and the unjust Imprisonment he lies under . Your Petitioner doth therefore most humbly beseech your Lordships and your Honours , to take his deplorable Case into your g●nerous and tender Consideration , and to give him such Redress ●herein as to your Lordships and your Honours great Wisdom , Iustice , and Goodness , shall seem meet : And your Petitioner shall ever pray , &c. An Account of the Convention of SCOTLAND . THE Convention of Scotland met the 14 th of March , 168● , in Obedience to the Prince of Orange's Letters ; They choice the Duke of Hamilton their President , after which they had several Debates about the Duke of G●rdon , a Papist , who keeps the Castle notwithstanding many offers of Surrender , does still keep it for King Iames. They read a Letter from the King of England , in which he exhorts them to lay aside all Animosities , and Factions , and mind the Publick Good in securing the Protestant Religion , and the ancient Laws and Liberties of the Kingdom on sure and lasting Foundations , particularly that they would endeavour a Union between both Kingdoms , as one of the best Means for the Happiness of both , especially at this time , when the common Enemy is restless to procure the ruine of Britain , and the Protestant Religion every-where . After which a Letter was read from King Iames , requiring them to support his Royal Authority ; by many Threats and Promises , which made no Impression on them ; but after some time they drew up , and sent a Letter to King William , full of dutiful Respects , promising to do that which may be acceptable to him , and suitable to the Genius of the Nation . After setling the Militia and other State-Matters , and having resolved the Power into themselves ; they appointed a Committee of 24 , made up of all the Estates , to settle the Government : Which Committee have provided for the full Meeting of the Convention Grounds and Reasons on which they have declared the Throne Vacant . A SPEECH made by a Member of the Convention of the States in SCOTLAND . WE are now called together by his Highness the Prince of Orange , to Consult and Deliberate , what Methods will be most proper to secure Our Religion , Laws and Liberties , in order to which , the first thing that will fall under our Consideration , is the setling the Sovereign Power . I take for granted that you are fully convinced , that King Iames the Seventh , by his many Violations of the Fundamental Laws , by his endeavouring to establish a Despotick and Arbitrary Power , and introduce Popery , ( tho he himself had confirmed all the Laws that were enacted in Favour of the Protestant Religion ) has thereby subverted the Constitution , and ( that our Miseries might have no Redress from him ) has left us in a time when we needed his Protection most . The Eyes of all Europe are upon us , and it is in our Power to make our Selves , and our Posterity either Happy or Miserable , by making a choice , either to call back the same King Iames , and hazard once more all that Men account dear , to his Mercy ; or to settle the Government on some other , under whom we may live Quiet and Peaceable Lives , without the perpetual Terror of being swallowed up by Popery and Arbitrary Government , which all good Men hoped were now banished , and yet behold a new Off-spring is sprung up , which plead eagerly for both , tho under the mistaken Names of Duty and Allegiance : It 's strange that any Man can so far degenerate , as to prefer Slavery to Liberty , and that they should be so much in love with Chains , that when they were fairly shaken off , they shou●d run furiously to be Fettered again ; as if the Ottoman and French Government were so charming in our Country , that we cannot live without it , tho we have so lately groaned under the dismal Burden of it : And it might have been supposed that even these , who had been Instrumental in Enslaving their Fellow-Brethren , and were grown Fat with Sucking the Nations Blood , would have taken another Method to Reconcile themselves , than by persuading us to purchase their Safety , at so vast an Expence as the Ruin of more than three Parts of the Nation will necessarily amount to . If we do but a little reflect on the Motives which these Men ( blinded by Self-Interest ) make use of , to delude the Nation into a Security that wanted very little of proving Fatal to it , and compare them with the strong Reasons , we have to disswade us from being so imposed on , they will be found so Weak and Impertinent , that we must judg it next to Impossibility , to suffer our selves to be twice Deceived . But if the Experience of our former Miseries , so lately hanging over our Heads , ( the very Thoughts of renewing which , make all good Men to tremble ) has not made us Wiser , and be not of Efficacy enough , to deter us from venturing another Shipwrack , and exposing all again to the Discretion of Roman Catholicks : It 's more than probable that GOD has abandoned us , and given us up to believe strong Delusions . First , Thay will endeavour to perswade us , that Kings are eximed from Punishments here on Earth , and nothing they do can be quarrelled by their Subjects , which indeed might with some Reason be urged among the Turks , who reserve nothing from the Power of their Sultans , and where it 's Death to dispute his Commands , tho never so Arbitrary and Tyrannical : But with what Impudence can such Stuff be imposed on us , who never admit our Kings to the Government , till they swear to rule us according to Law , and no otherways ? The Laws are the only Security we have for our Lives and Properties , which if our Sovereign subvert , Subjects cannot be blamed , for making use of the ordinary means to preserve them , and since that cannot be done without withdrawing Obedience from such a Magistrate as goes about to destroy them , such an Act cannot properly be said to punish him , ( because we take nothing from him to which he has a just Claim , but do only shun the occasion of making our selves miserable . The Speculative Doctrine of Passive Obedience , has done too much mischief among us , and what has befallen the King may be justly imputed to it , for the believing that without Opposition he might do what he pleased , encouraged him to take such measures as have drawn all these Misfortunes on him . Secondly , Others are so Fond as to believe , that we may be Secure in calling the King back , provided they so Limit him , that it will not be in his power to hurt us . These Men do not consider , how small a Complement this is to a Man of the Kings Temper , from an an Absolute Prince , as he was pleased to fancy himself , to content himself with the bare Title of a King ; and how insupportable the Charge must be , if from being Master of all , he must force himself to comply with a thousand Masters , and see his Throne become his Prison . But how airy is it to fancy , that any Restrictions of our Contrivance can bind the King ? For 1 st , It 's most certain they can never be Voluntary , and what is constrained and done by Force , is by Law declared to be Void and Null ; to whose Assistance the Popes Dispensing Power being joined , would quickly blow off these Sampson Cords , and the Royal Power would again revive with all its Vigour and Luster . Thirdly , The King is of a Religion that has in a famous Council decreed , That no Faith is to be kept with Hereticks , much less with Subjects whom he looks upon as so many Rebels , and will not miss to treat them as such , whenever they give him the Opportunity of doing it ; for his greatest Admirers do not run to that height Idolatry , to imagine him so much Angel , as not to take all methods to revenge so great an Affront , and secure himself at our Cost from such a Treatment for the future ; the apprehensions of which Resentments will strike such terrour in Mens minds , that nothing will be capable to divert them from offering up All for an Atonement , and Popery and Slavery will be thought a good Bargain , if they can but save their Lives . Then we may lament our Miseries , but it will not be in our power to help them ; for a Prince of Orange is not always ready to rescue us , with such vast Expence and so great hazard to his Person ; and if our Madness hurry us so far , we deserve rather is pity than his resentment . Fourthly , What Arguments has the King given since he left us , to persuade us he will be more faithful in observing his Words and Oaths , than hitherto he has been ? Does he not in a Letter lately printed here , expresly say he has ruled so , as to give no occasion of complaint to any of his Subjects ? Is not the same Letter signed by one who sacrificed both Conscience and Honour to Interest , who●e pernicious and headstrong Counsels has posted him to his Ruine , tho' all that has been done cannot make Him sensible of it ? Sure the re - Hereticks to the See of Rome is not less Meritorious than before , nor King Iames the Seventh , by breathing the French Air , become less Bigot : It were a Dream to fancy it . For so long as the Vatican thunders Excommunications against all such as do not use their utmost endeavours to extirpate Heresie , a Roman Catholick must have no Religion at all , if they be not terrible to him . The fourth Argument they made use of to persuade such as are and shall be chosen Members of the Convention , That their Interest to call back the King , is , That the Peace and Happiness of the Nation cannot be otherwise secured , nor Factions or Divisions extinguished . But what Factions do you observe , but such as they themselves do foment , on purpose to disturb our Harmony ? all which would immediately die , if the Government were once setled on those who deserved it best : for then , if these Fops continued still fond of Popery and Tyranny , they would be chastised , as Disturbers of the Publick Peace . The Argument may very justly be retorted ; for if the King return , we will burst out into a flame ; and England , which has already declared , will quickly be on our Top , an Enemy too Potent and too Numerous for us , tho' we were all united , besides the Danger to which such a Procedure will expose us , we cut off all hopes of an Union with that Nation , and thereby deprive our selves of an unspeakable Advantage , which would redound to all sorts of People , and would be the only means to support an impoverish'd and sinking Nation . Neither is this the only Inconveniency , tho' it be a very great one ; for if we state our selves in opposition to England , by Restoring the King whom they Rejected , it is not to be doubted but he will use his uttmost endeavour to recover that Kingdom , the loss of which is so considerable . Now , seeing it were vain to suppose that the Scots alone were able to second his desires , he must needs have recourse to the French and Irish , whose Religion will procure a more intire Confidence than His Majesty can repose in any others . These therefore must be received into our Bosom ; and because Scotland is the most proper place for Invading England , it must be the Scene of all the Blood and Confusion that this melancholly Thought gives us a Prospect of . And what treatment can such Sham-Protestants expect from these , who otherwise would have become their Friends and Allies ? And what Figure will they pretend to make , when they set up for a separate Interest from all the Confederate Protestants in the World besides ? The happy Success the PRINCE his Enterprize has met with , has made a considerable Alteration in the Affairs of Europe ; for that great Enemy of the Protestants , and even of Christianity it self , who had propos'd nothing less to himself than an Universal Monarchy , whom the Strictest Leagues and Contracts cannot bind , but without regard to GOD or Man , threatens all his Neighbours with utter Destruction ; by the Scene 's being changed among us , is so far humbled , that from a Proud and Insulting Enemy , he is become a Supplicant for Peace ; well foreseeing , that if Britain join with those other Princes , whom his Insolence , Cruelty , and Avarice , has so justly Armed against him , his Ruine is Inevitable : So that if we have not Soul enough to enjoy this great Blessing , and can easily part with the Glory of being once more the Arbiters of Europe , let us at least have so much Christian Love and Charity for the Neighbouring Nations of our own Perswasion , as not to expose them to a necessary Participation of these Plagues , which our Common Enemies are preparing for us , and which will certainly Terminate in all our Destructions . Lastly , I beseech you to consider what Persons they are who would Instill this Poyson in you , and you will find them of three kinds . First , those who Postponing the Common Good of the Nation , are wholly acted by Self-Interest , considering that in a Government where Iustice and Mercy equally Flourish , Virtue and Merit , not Villany , will be rewarded . Secondly , They who are ignorant of the Nature of Government , and were never at the pains to inform themselves what Measures the Law of Nature and Nations have set to mens Obedience , but are angry at every thing that thwarts their wild Notions , and will admit of nothing , tho never so reasonable and convincing , if their dull Capacities cannot reach it . The third sort are such as have been instrumental in the inslaving their Country , and are afraid if they be called to an Account , they may be brought to suffer Condign Punishment ; if such cannot succeed in their Design , they at least hope to be overlook'd in a General Confusion , so they have nothing unessayed that may tend to their own safety ; and if Heaven fail them , they summon Hell to their Aid ; not that Love to their Prince , but meer Ambition and Interest , drives these Criminals to such Attempts ; neither are they much to blame , if they are at such pains to sow Divisions among us . But no Person of Wit and Iudgment , nor any Good Man that is truly Protestant , and minds the good of his Country , will suffer himself to be so grosly imposed on by such Firebands , who would build their Furture Imaginary Greatness on the Ruine of Our Religion , Laws , and Country . The Grounds upon which the Estates of Scotland Declared the Right of the Crown of Scotland FORFAULTED , and the Throne become VACANT . I. BBcause King Iames the Seventh is a Professed Papist . II. That the said King Iames did assume the Royal Power , and acted as King without ever taking the Oath required by Law. III. That he hath by the Council of evil Men invaded the Fundamental Constitution of the Kingdom , and changed it from a limited Monarchy to an Absolute and Despotick Power . IV. Which Power he hath imployed to the Subversion of the Protestant Religion , and the Violation of the Rights of the Subject . And thereby , V. Hath inverted all the Ends of Government . The Opinion of two eminent Parliament-Men , justifying the lawfulness of taking the Oaths of Allegiance to King William and Queen Mary . I. FIdelity and Allegiance sworn to the King , is only a Fidelity and Obedience as it is due to him by the Law of the Lands , for were that Faith and Allegiance more than what the Law requires , we should swear our selves Slaves , and the King Absolute ; whereas by the Law we are free , notwithstanding these Oaths . II. When therefore by the Law Fidelity and Allegiance ceaseth ; then our sworn Allegiance ceaseth : for if Allegiance might be due by the Oath to one Person , whilst by the Law it ceaseth to him and becomes due to another Person , the Oath then would oblige Men to transgress the Law , and become Traytors and Rebels , whereas the Oath is part of the Law , and therefore ought to be so interpreted as may consist with it . III. Fidelity and Allegiance are due by the Law to King William , and not to King Iames : for the Statute of 25 of Edward 3 d , which defined all Treasons against the King , and is the only Statute to that purpose ; now that Statute , by the King , understands not only a King de jure , but also a King de facto , tho not de jure , against whom those Treasons Lie : whence the Lord Chief Justice Hales , in his Pleas of the Crown , p. 12. discoursing of that Statute , tells us , that a King de facto , and not de jure , is a King within that Act , and that Treason against him is Punishable , tho the Right Heir get the Crown : and that this hath been the common Sense of the Law , Sir R. S. ( upon application to him about it ) hath assured us . And according to another Statute , 11 Hen. 7. ch . 1. It is declared Treason to be in Arms against a King de facto , such as Richard the 3 d was , tho it was in behalf of a King de jure . So then by the Law of the Land , all things are Treason against King William , which have been Treason against former Kings , therefore the same Fidelity , Obedience and Allegiance , which was due to them , is due to him , and by Consequence may be Sworn to him by the Law of the Land. Allegiance and Protection are always Mutual , and therefore when King Iames ceased to Protect us , we ceased to owe him Allegiance by the Law of the Land ; and when King William began to Protect us we began our Allegiance to him . These Considerations , are in our Opinion , sufficient to remove the Grand Scruple about the Oaths . If the dissatisfied Party accuse the Convention , for making the Prince of Orange King , it is not my Duty to judge those above me , therefore I shall only say that if they have done ill , Quod fieri non debuit factum valet ; a●d they of the Clergy ought not to censure their Superiours , but obey according to the Law and Doctrine of Passive Obedience . FINIS . The TWELFTH and Last Collection of Papers ( VOL. I. ) Relating to the Present Juncture of Affairs in England and Scotland . VIZ. I. The Secret League with France proved . II. The Reasons why the late King Iames would not stand to a Free and Legal Parliament . III. The Reason of the Suddenness of the Change in England . IV. The Judgment of the Court of France concerning the Misgovernment of King Iames the Second . V. The Emperor of Germany his Account of the late King's Unhappiness in joining with the King of France . VI. A full Relation of what was done between the Time the Prince of Orange came to London , till the Proclaiming him King of England , &c. VII . The Declaration of the Lords Spiritual and Temporal , and Commons of England , concerning their Grievances ; presented to King William and Queen Mary : With their Malesties Answer . VIII . The Declaration of the States of Scotland , concerning their Grievances . IX . The Manner of Proclaiming King William and Queen Mary at Whitehal , and in the City of London , Feb. 13. 1688. X. An Account of their Coronation at Westminster , Apr. 11. 89. XI . The Scots Proclamation , declaring William and Mary King and Queen of England , to be King and Queen of Scotland . XII . The manner of their taking the Scotish Coronation Oath at Whitehal , May 11. XIII . The Coronation Oaths of England and Scotland . London printed , and are to be sold by Richard Ianeway in Queen's-head-Court in Pater-noster-Row , 1689. The Secret League with France proved . 1. BY the Treaty managed by the Dutchess of Orleans between Charles II. ( her Brother ) and Lewis XIV . 1670 , published by the Abbot Primi , in his History of the War with Holland , with the priviledg of the French King : This Treaty expresly tells us , That the French King did promise Charles II , to subject his Parliament to him , and to Establish the Romish Religion in his Kingdom . But before this could be done , the said Dutchess told him , the Haughtiness and Power of the Hollander must be brought down . 2. By the Current of the Design throughout all Coleman's Letters , which contain nothing else but the Conspiracy of the Duke of York , and the Jesuits , against the Government and the Protestant Religion ; For you know , says he ( in his Letter to Sir W. Throgmorton , Feb. 1. 1674 / 5. ) " when the Duke ( the late King Iames ) comes to be Master of our Affairs , the King of France will have reason to promise himself all things that he can desire , &c. Both he and the two Royal Brothers being closly joined together to destroy the Northern Heresy , as he in his Letter to Monsieur La Cheese assures us . 3. Which Friendship with the French Court , is further confirmed by a French Author , who wrote the Life of Turene , in which he brings in the Duke of York lamenting the Death of that great Marshal of France , after this manner ; Alas ! ( says the Duke ) the " loss is great to me , in that I am greatly disappointed in those great Designs I have been long meditating upon , if ever I come to the Crown of England . For the sake of which Passage , the then Secretary of State of England , forbad the printing of that Book which was then translated and prepared for the Press . 4. The French Ambassador at the Hague , in a Memorial to the States General , Sept. 9. 1618 , peremptorily declares , there was such an Alliance between the King his Master and King Iames II , as to oblige him to succour him , &c. 5. Both King Charles II , and King Iames II , were so engaged with the great Nimrod of Franc● , that ●hough several Parliaments of England strugled hard to break the Friendship , and gave a vast Sum of Mony in order thereunto , yet all in vain : And King Iames II , was so eager to follow the French Measures , that after the Defeat of Monmouth , he declared to the Parliament , that for the time to come he would make use of Popish Officers , as well as keep up a standing Army contrary to Law. 6. We have had sufficient Evidences of his Designs , by the care he took to fill his Army with Irish Papists , at the same time that he disbanded all the Protestants that served him in Ireland , that he might always have an Army at hand in that Kingdom ready to promote his Popish Designs in England ; which could not be done without a Secret League with France , and without a very express assurance of being vigorously supported from thence when the nick of time should come . 7. His flying to France , and secret conspiring with the great Levi●t●an there , and bringing French Aids with him into Ireland are no other than the putting the Secret League into Execution . Many more Proofs may be produced , but what has been said , may convince any rational unprejudiced Protestant . As for those Pharisees that wilfully shut their Eyes , of whom we may say , That seeing they see and do not peeceive , because they are resolved not to yield to the most convincing Evidences that this Affair is capable of , ( for the Parties concerned will hide it as much as they can ) I bewail their Condition , and believe they are so obstinate , that only the French Dragoons ( those booted Apostles ) can convince them , when they come with the League in their Hands , to put the Popish Penal Laws in Execution on their Backs , from Ne●ga●e to Tyb●●n . The REASONS why the late K. James would not stand to a Free and Legal Parliament ; proposed to those that are fond to have him again . WHEN the Prince of Orange ( now our Gracious King ) his Glorious Expedition , was first made known to the late King , he resolved to have a Parliament , upon the Belief that he should have been intirely Master of the Lower House , by Reason of the Regulations he had made in Corporations , in order to his Popish Designs . But when he was forced to take other Measures , ( as he told the Dissenters when he sent for them in the time of his Distress ) in restoring the Charters , the Bishop of London , the Fellows of Magdalen-Colledg , &c. He dreaded nothing more than a Parliament on the old Foundations , to which the Prince in his Declaration had referred all ; for he knew several things would have been done by such a Parliament , that he chose rather to perish than submit to . 1. The first thing is ; The Examination of the Birth of the Prince of Wales ( as he is call'd ) the questioning of which was a Stab at his Heart , as appears by his last Letter . And the Reflections on the Bishops Petition , mentioning That as a Business not fit to be referred then to a Parliament . 2. The next thing was ; That Justice would certainly have been demanded against the Evil Counsellors , whom he had pardoned , and was in Honour bound to protect them , having himself forced them to be Criminals . 3. The third was ; The consenting to the entire Ruin of Popery in England , by hanging many of his Priests and Jesuits , and banishing all the rest ; and pulling down all the Schools and Chappels they had erected all over England , ( a sure Sign they were built upon an Immortal Prince of Wales ) though this was done before by the unaccountable Zeal of the Mobile . 4. He foresaw such a Parliament would not only damn the Ecclesiastical Court , ( that Beast with seven Heads ) and the Dispensing Power , but would in all probability lessen his Revenue , and bind up the Prerogative ; which his great Spirit could not bear . 5. The Prince , he foresaw , would have demanded some Forts to be put into his Hands and the Parliament , for their Security ; so said he , If I stay , I shall be but a Nominal King of England , and only be an Instrument to ruin my Religion , my ●riends , the Monarchy , and the Child also . At first he alledged , That the Disorders the Preparations to repel the Invasion caused , would not suffer a Parliament to meet . Secondly , After the Prince was landed , that all the Countries he had under him would not be free . Thirdly , That all that had joined with him , ought not to sit : but when he saw the whole Army and Nation ( the Roman Catholicks excepted ) of the same mind , mere Force drove him to consent to Call a Parliament ; and when he had again considered the Consequences of it , he at last resolved to throw up the Crown and Government all at once , rather than to submit to all these Hardships . He seems to have had at the same time a fluttering hope , that ( 1. ) We should never be able long to agree , after he had made it impossible for us to have a Legal Parliament , by burning the Writs . ( 2. ) That the Church of England Principles would , when the fear and disorder was over , form for him a potent Army in the Nation . And ( 3. ) That the French King would lend him potent Forces , and good store of Mony ; and if he recovered the Throne by force , he should be freed of all these Miseries , and have what he only wanted before , a Popish Army , to insure the Slavery of England for ever . Now I would desire those Protestants , who pretend , now too late , to be so zealous for him , to consider , whether what I have said would not have been expected from him by them , for their Security ; and what they would have done had he called a Parliament , and refused them all these things , and have insisted , That they should have taken his Word as to the Birth of the Prince of Wales , have suffered him to have been educated in France , and have suffered the Army , the Prerogative , the Ministers , and the Revenues to have continued entirely as they were , upon a Promise , He would have used them better for the future ? If they say No ; They would have had the best Security that Law or Reason could have required . Then all the hard things I have mentioned must have been granted them , and I much question , whether he would now return to the Throne on those terms . If they say , We ought however to have treated with him , have offered him terms ; I say , it would have come to a separate Treaty ; and the Church , the Liberties of the Nation , and the Government , would have been ruined that way ; and when all had been done , no Bond ( that he could have broken ) would have held him longer than the Necessity had continued . The only Advantage we could pretend to have by the coming over of the Prince of Orange with an Army , was to force the King to what he would never have yielded without that Force . Now when he had accordingly passed his Word to the Nation , in the Proclamation of the Thirtieth of November , That there should be a Free Parliament ; and to the Prince of Orange , in his Message by the three Lords , That he would consent to every thing that could reasonably be required for the Security of those that come to it ; and yet without any Provocation would burn the Writs , and resolve to withdraw his Person before these Lords cou●d possibly return him any Answer ( for he promised the Queen to follow her , who went away the day before him . ) I say , this breach of his Word so solemnly made and given both to the Nation and the Prince , shew that he was not Master of himself , but turned about by others whither they pleased . Now suppose the Prince had suffered him to continue at White●al , and to call a Third Parliament , what a●surance could he have given , that in the end of another forty days we should not have the same trick play'd us , and then in March or April have been left in the same state of Confusion we were in in December , to the certain Ruin of these three Kingdoms , and Holland into the bargain . And when all had been done , the Scruples would have been the same they are now , the Obligations of the Oath of Allegiance the same , and the sin of Deposing a Lawful Prince , who resolved to do the Nation no Right , would have been much greater and more scandalous , than barely to take him at his Word ; and since he had left the Throne empty , when he needed not , to resolve he should ascend it no more . Lastly , Suppose the Prince had been Expelled by the King , Would the King have then granted us what he would not grant us now ? Would he not have Disbanded his Protestant Army , and have kept the Irish Forces in Pay , and have every day encreased them ? What Respect would he ever after this have shewn to the English Laws , Religion or Liberties , when he had no longer any thing to fear ? The memory of what happened after the Monmouth defeat , ( though effected only by Church of England Men ) will certainly never be forgotten by others , whatever the Bigots of this sort of Loyalty may pretend or say . That Expression of the Lord Churchil's , in his Letter , [ That he could no longer joyn with Self-interested Men , who had framed Designs against His Majesty's true Interest , and the Protestant Religion , to give a pretence by Conquest to bring them to effect ] ought to be seriously considered by all the Protestants of the Nation : This one Argument prevailed upon him , when he ran the hazard of his Life , Reputation and Fortunes ; and now they are all on the other side , I should consider very se●iously , if I were one of them , what Answer I could make to this turned into a Question in the Day of Death and Judgment , before ever I should Act the dire●t contrary to what he has done . For my part I am amazed to see Men scruple the submitting to the present King : for if eve● Man had a just cause of War , he had ; and that creates a Right to the thing gained by it : the King by withdrawing and disb●nding his Army , yielded him the Throne ; and if he had , without any more Ceremony , ascended it , he had done no more than all other Princes do on the like occasions ; and when the King after this was taken and brought back by force , he was no longer then bound to consider him , as one that was , but as one that had been King of England ; and in that capacity he treated him with great Respect and Civility , how much soever the King complained of it , who did not enough consider what he had done to draw upon himself that usage . But when all is said that can be said , there may possibly be some Men to whom may be applied the Saying of Ioab , Thou lovest thine Enemies , and hatest thy Friends ; for thou hast declared this day , that thou regardest neither Princes , nor Servants ; for this Day I perceive , that if Absolom had lived , and all we had died this Day , then it had pleased thee well . Had the Protestant Religion , the English Liberties , the Nobility and Gentry of this Nation , been all made an Holocaust to their Reputations and Humours , their Scruples and School-niceties , and the Prince of Orange perished , or returned Ruin'd or Inglorious into Holland ; we should then have had the Honour of cutting up our Religion , our Laws , and our Civil Rights , with our own Swords ; and we should have been the only Church under Heaven that had refused a Deliverance , and Religiously and Loyally had Destroyed it self . In truth , the Men would have purchased Popery and Slavery so dear , ought to have enjoyed both to the End of the World. The REASONS of the Suddenness of the Change in England . THE true Reasons of the Swiftness of this Change may easily be assigned by shewing the Temper and Designs of Iames the Second ; the Temper of William the Third , our Present Soveraign ; and the Nature of the English Nation , and of the Times , all concurring with Wonderful Harmony to produce this wonderful Effect . For had Iames the Second undertook any thing but the subjecting England to Popery , and the Exercise of Arbitrary Power to that end , his vast Revenue , his great Army , and the Reputation he had gained at Home and Abroad by the defeat of the Monmouth-Invasion , would have gone near to have effected it : and after all this , if he had in the beginning of October frankly granted all the Ten Proposals made by the Bishops , and suffered a Parliament to have met , and given up a considerable Number of his Ministers to Justice , and suffered the pretended Prince of Wales his Birth to be freely debated and determin'd in Parliament ; It would in all probability have prevented or defeated the then intended Invasion . But whilst he thought to save the Pretended Succession , the Dispensing and Suspending Power , and the Ecclesiastical Commission , to carry on his former Design with , when he had baffl'd the Prince of Orange ; the Nation saw through the Project , and he lost all . Had a Prince of less Secresy , Prudence , Courage and Interest than the Prince of Orange , undertaken this business , it might probably have miscarri●d : but as his Cause was better , so his Reputation , Conduct , and Patience infinitely exceeded theirs ; he would not stir till he saw the French Forces set down before Philipsbourgh , and then he was sure France and Germany were irrevocably ingaged in a War , and consequently he should have no other opposition than what the Irish and English Roman Catholicks could make against him . For no English Protestant would fight his Country into Vassalage and Slavery to Popish Priests , and Italian Women , when a Parliament sooner or later must at last have determin'd all the things in Controversy , except we resolved once for all to give up our Religion , Laws , Liberties , and Estates to the will of our King , and submit for ever to a French Government . A Nation of less sense than the English might have been imposed upon , of less bravery and valour might have been frighted ; of a more servile temper , might have neglected its Liberties , till it had been too late to have ever recovered them again : But none but a parcel of Iesuits bred in a Cloister , and unacquainted with our Temper as well as Constitution would ever have hoped to have carried two such things as Popery and Abitrary Power , both at once upon so jealous a Nation as the English is , which hates them above any other People in the World. The cruel slaughter they had made of the poor wretches they took after the defeat at Bridg-water ought to have made them for ever despair of gaining any credit with the Dissenters , who rarely forgive , but never forget any ill treatment . Yet these little Politico's had so little sense as to build all their hopes on the Gratitude and Insensibility of these Men ; as if they should for Liberty of Conscience , arbitrarily and illegally granted , and consequently revocable at the will of the Granter , have sold themselves to everlasting Slavery . They were equally mistaken in their carriage towards the Church of England party , for when some of them had pursued both Clergy and Laity with the utmost obloquy , hatred , oppression and contempt to the very moment they found the Dutch storm would fall upon them . Then all at once they passed to the other extream , the Bishops are presently sent for , the Government intirely to be put into their hands , and all Places , Presses and Papers fill'd with the Encomiums of the Church of England's Loyalty and Fidelity , who but three days before were Male-contents , if not Rebels and Traytors , for opposing the Kings Dispensing Power , and the Ecclesiastical Commission . And which was the height of folly , the same Pen which had been hired to defame and blacken the Church of England ( the Author of the Publick Occurrences truly stated ) was ordered to magnify its Loyalty . By which they gained nothing but the intire and absolute disobliging the whole Protestant party in the Nation , so that for the future no Body would serve or trust them . To compleat their folly and madness they perswaded the King to throw up the Government , and retire into France , pretending we would never be able to agree amongst our selve● , but would in a short time be forced to recal him , and yield to all those things we had so violently opposed ; or if not , he might yet at least force us to submit by the Succours he might gain in France , without ever considering how possible it was we might agree , and how difficult it would be to force us by a French Army , which was equally contrary to the Interest of England , and all Europe besides , and to all intents and purposes destructive of the Interest of that Prince they pretended thus to exalt and re-establish . Had France been now in Peace , there might yet have been same colour for this ; but when all Europe was under a necessity to unite against him for its own preservation , then to perswade the King of Great Britain to desert his Throne , and fly thither for succour , upon hopes of recovering his Kingdoms again by the assistance of the French ( the mortal and hereditary Enemies of the English ) this was so silly a Project , that there seems to have been something of a Divine Infatuation in it . However certainly no rational Man will think that all the Princes of Europe would sit still and suffer the French King to conquer Britain , under pretence of restoring Iames the Second to that Throne which he had abandon'd , because he could not bring the Prince of Orange ( their Allie ) and all his Protestant Subjects to his own Terms . And yet if none of them should interpose but the Hollanders alone , the English and Dutch Fleets being united would render the landing a French Army so difficult and uncertain , that it would be next door to madness to trust one to their Navy , which is so much inferior to either of the others singly taken . So that all things considered , either Iames the Second ought to have stayed at home and have made as good terms as he could with the Prince of Orange , and his own Subjects : Or if he would have abandon'd his Kingdoms , he ought to have despaired of any restitution , and have betaken himself to a private Life as Christina Queen of Sweden did . But we have now certain Intelligence that Iames the Second Landed the 12 th . of March at Kingsale in Ireland , so that now it cannot be doubted but that he hopes to recover England and Scotland by the help of the Irish ; as well as the French. His succeeding in this Design laying us at the Mercy of an Irish-French Roman Catholick Army ; whose Civility and Kindness to our Nation we may learn from our Country-men , who after having lost all but their Lives , have been forced to flee over to us for Shelter and Protection . I shall not add any other consideration to perswade my Country-men to defend their King , Queen , and the whole Protestant Succession , their Lives , Liberties , Priviledges and Religion , because this alone is sufficient . The Iudgment of the Court of France , concerning the Misgovernment of K. James the Second . THE Author ( who is a Papist ) that wrote that smart Treatise , called A Letter from Monsieur to Monsieur , concerning the Transactions of the Times , &c. writes thus concerning the late King Iames , viz. King Iames ought to learn what he has to expe●t from France , into whose Arms he has thrown himself . France already knows all his Faults , and publishes them . For this Composure issuing immediately from that Court , owns ; 1. " His whole Conduct was very little judicious . 2. That he has followed blind Counsels , and such as are very pernicious to his own Repose and Security . 3. That he has unadvisedly affected to pull down the Protestant Religion , which was that of the State. 4. That he has used an imprudent Rigour , as well to the Bishops as to the Universities . 5. That he was unwise in going about to take off the Test and Penal Laws , which the English look upon as the Sanctuary of the Kingdom . 6. That his Gust and Fondness for the Court of Rome , and the Monks whom he meant to restore , was ridiculous and whimsical . 7. That his going about to give Imploys to Catholicks , by taking them away from Protestants , gave but two much reason to all the Members of the State to complain . This is exactly the Judgment passed by the Court of France upon the late K. Iames of England ; I leave him to think what Succours he is like to expect from a Court that values him so little , and that without any more ado , speaks of him at this rate ; would he have more ? It roundly declares to him , That the restoring the King of England , is not an Enterprise easy to be executed by a King , how great soever he may be , against whom all the Powers of Europe are preparing to make War. This is a Hint broad enough o' Conscience , and King Iames ought to be satisfied that he knows the French Courts mind . The Emperor of Germany's Account of K. James's Misgovernment in joining with the King of France , ( the Common Enemy of Christendom ) in his Letter to King James . viz. LEOPOLD , &c. WE have received your Majesties Letters , dated from St. Germans the sixth of February last , by the Earl of Carlingford , your Envoy in our Court : By them we have understood the Condition your Majesty is reduced to ; and that you being deserted after the landing of the Prince of Orange , by your Army , and even by your Domestick Servants , and by those you most confided in , and almost by all your Subjects , you have been forced by a sudden Flight to provide for your own safety , and to seek Shelter and Protection in France : Lastly , that you desire Assistance from us for the recovering your Kingdoms . We do assure your Majesty , that as soon as we heard of this severe turn of Affairs , we were moved at it , not only with the common sense of Humanity , but with much deeper Impressions suitable to the sincere Affection which we have always born to you . And we were heartily sorry that at last that was come to pass , which ( though we hoped for better things ) yet our own sad thoughts had suggested to us would ensue . If your Majesty had rather given Credit to the Friendly Remonstrances that were made you , by our late Envoy , the Count de Kaunitz , in our Name , than the deceitful Insinuations of the French , whose chief aim was , by fomenting continual Divisions between you and your People , to gain ther by an Opportunity to insult the more securely over the rest of Christendom . And if your Majesty had put a stop , by your Force and Authority , to their many Infractions of the Peace , of which by the Treaty at Nimegen you are made the Guarantee , and to that end entred into Consultations with us , and such others as have the like just Sentiments in this matter ; We are verily perswaded that by this means you should have in a great measure quieted the Minds of your People , which were so much exasperated through their aversion to our Religion , and the publick Peace had been preserved as well in your Kingdoms as here in the Roman Empire . But now we refer it even to your Majesty , to judg what condition we can be in to afford you any Assistance , we being not only engaged in a War with the Turks , but finding our selves at the same time unjustly and barbarously Attacked by the French , contrary to , and against the Faith of Treaties , they then reckoning themselves secure of England . And this ought not to be concealed ; that the greatest Injuries which have been done to our Religion have flowed from no other than the French themselves ; who not only esteem it lawful for them , to make Presidious Leagues with the sworn Enemies of the Holy Cross , tending to the destruction both of us and of the whole Christian World , in order to the checking our Endeavours which were undertaken for the Glory of God , and to stop those Successes which it hath pleased Almighty God to give us hitherto ; but further have heaped one Treachery upon another , even within the Empire it self . The Cities of the Empire which were surrendered upon Articles , signed by the Dolphin himself , have been exhausted by excessive Impositions ; and after their being exhausted have been Plundered , and after Plundering have been burned and razed . The Palaces of Princes , which in all times , and even in the most destructive Wars , have been preserved , are now burnt down to the Ground . The Churches are robbed , and such as submitted themselves to them , are in a most Barbarous manner , carried away as Slaves . In short , it is become a Diversion to them to commit all manner of insolences and Cruelties in many places , but chiefly in Catholick Countries , exceeding the Cruelties of the Turks themselves : which having imposed an absolute necessity upon us to secure our selves and the Holy Roman Empire , by the best means we can think on , and that no less against them than against the Turks ; We promise our selves from your justice ready assent to this , That it ought not to be imputed to us , if we endeavour to procure , by a just War , that security to our selves which we could not hitherto obtain by so many Treaties ; and that in order to the obtaining thereof , We take measures for our mutual Defence and Preservation , with all those who are equally concerned in the same Design with us . It remains that we beg of God that he would direct all things to his Glory , and that he would grant your Majesty true and solid Comforts under this your great Calamity ; we embrace you with tender Affections of a Brother . At Vienna the 9 th of April 1689. An Account of what was done between the Time the Prince of Orange came to London , till the Proclaiming him King of England , 1688. IN December last , the Lords Spiritual and Temporal , and all the Members of the three last Parliaments of King Charles the Second , with the Lord Mayor and Aldermen , and several of the Common Council of London , were summoned by the Prince in that extraordinary Conjuncture , when the late King had deserted the Government , to consult what was fit to be done : And they , the said Lords and Commons , did desire the Prince to take upon him the Administration of Publick Affairs both Civil and Military , and the disposal of the Publick Revenue , for the preservation of our R●ligion , Rights , Laws , Liberties and Properties , and of the Peace of the Nation ; and that he would take into his Care the Condition of Ireland , till the Meeting of a Convention of Lords and Commons ; which he was entreated , by his Circular Letters , to summon to meet on the 22 d of Ianuary . The Prince accordingly accepted the Administration , and issued out his Letters for a Convention to meet on the 22 d of Ianuary , as aforesaid . The Prince then ( on December the 30 th ) issued out his Proclamation for the Continuance of the Sheriffs , Justices of the Peace , and other Officers and Ministers ( not being Papists ) to act in their respective Places till the Meeting of the Convention , or other Order to the contrary , &c. On the 2 d of Ianuary , He put out a Declaration for the better collecting of the Publick Revenue . On the 5 th of Ianuary he put forth an Order for all Military Officers , with their respective Companies , to march out of the Quarters where any Elections should be ( the several Garisons excepted ) the day before the same be made , to the next adjoining Town , or Towns , being not appointed for any Elections ; and not to return to their first Quarters , till the said respective Elections be made and fully compleated , that so the Election of Members for the intended Convention may be free , and without any colour of Force or Restraint . On the 7 th of Ianuary the Scotish Nobility and Gentry waited on the Prince : what was done by them , see the 6 th Collection , pag. 9 , 10 , 11 , 12. On the 8 th day his Highness put out a Declaration against Quartering of Souldiers in private Houses . He found the Treasury very empty of Cash , it being said to be but 40000 l. Whereupon he desired the City of London to advance a Sum for his present Occasion , and on the 10 th of Ianuary they agreed to lend 100000 l. But it being raised by Subscription , it amounted to above 150000 l. On the 16 th of Ianuary , He put out a Declaration to assure the Mariners and Seamen of their Pay. The two Houses met on the 22 d of Ianuary , 1688 / 9 ; the Lords chose the Marquess of Hallifax for their Speaker ; and the Commons chose Henry Powle Esq for theirs . After which a Letter was read in both Houses from the Prince of Orange , on the occasion of their Meeting , to this Effect . That he had endeavoured to perform what was desired from him for the Publick Peace and Safety during his Administration ; and that it now lay on them to lay a Foundation of a firm Security for their Religion , Laws and Liberties . That he did not doubt but that by such a full and free Representative of the Nation , the Ends of his Declaration would be attained . He recommended to them the dangerous Condition of Ireland , and also of the States of Holland , both which required large and speedy Succours ; and told them , That since it had pleased God hitherto to bless his good Intentions with so great Success , he trusted in him , that he would compleat his own Work , by sending a Spirit of Peace and Union to influence their Counsels , that so no Interruption may be given to a happy and lasting Settlement . The first Thing the two Houses took care of , was , by mutual Consent , to make an Address to the Prince ; in which they acknowledged him the Glorious Instrument , under God , in the great Deliverance of the Kingdom from Popery and Arbitrary Power . They acknowledged also his great Care in the Administration , and entreated him to continue it till further Application ; and that he would take into his Care the State of Ireland . Then the Houses ordered that Thursday , Ian. 31. be a Day of Thanksgiving in the City of London , and places adjacent , within ten Miles ; and the 14 th of February throughout the whole Kingdom . Then the Lords ordered , that no Papist , or reputed Papist , should presume to come into the Lobby , Painted Chamber , Court of Requests , or Westminster-Hall , during the Sitting of the Convention . And after several Days Debates in both Houses about the Abdication of the Government , and the Vacancy of the ●hrone . On the 12 th of February , the two Houses at last fully agreed all Things in Dispute between them , in the following Declaration . The Declaration of the Lords Spiritual and Temporal , and Commons Assembled at Westminster ; Concerning the Misgovernment of King James , and filling up the Throne . Presented to King William , and Queen Mary , by the right Honourable the Marquess of Hallifax , Speaker to the House of Lords . With His Majesties most gracious Answer thereunto . WHEREAS the late King Iames the Second , by the Assistance of divers Evil Counsellors , Judges , and Ministers imploy'd by Him , did endeavour to Subvert and Extirpate the Protestant Religion , and the Laws and Liberties of this Kingdom ; By Assuming and Exercising a Power of Dispensing with , and Suspending of Laws , and the Execution of Laws , without Consent of Parliament . By Committing and Prosecuting divers Worthy Prelates , for humbly Petitioning to be Excused from concurring to the said assumed Power . By issuing , and causing to be executed , a Commission under the Great Seal , for erecting a Court called , The Court of Commissioners for Ecclesiastical Causes . By Levying Mony for and to the Use of the Crown , by pretence of Prerogative , for other time , and in other manner , than the same was granted by Parliament . By raising and keeping a standing Army within this Kingdom in time of Peace , without Consent of Parliament ; and Quartering Souldiers contrary to Law. By causing several Good Subj●cts , being Protestants , to be Disarmed at the same time , when Papists were both Armed and Imployed contrary to Law. By violating the Freedom of Election of Members to serve in Parliament . By Prosecutions in the Court of Kings-Bench for Matters and Causes cognizable only in Parliament ; and by divers other Arbitrary and Illegal Courses . And whereas of late Years , Partial , Corrupt , and Unqualified Persons , have been returned and served on Juries in Trials , and particularly divers Jurors in Trials for High-Treason , which were not Freeholders . And Excessive Bail hath been required of Persons committed in Criminal Cases , to elude the Benefit of the Laws made for the Liberty of the Subjects . And Excessive Fines have been imposed . And Illegal and Cruel Punishments inflicted . And several Grants and Promises made of Fines and Forfeitures before any Conviction or Judgment against the Persons upon whom the same were to be levied . All which are utterly and directly contrary to the known Laws and Statutes , and Freedom of this Realm . And whereas the said late K. Iames the 2 d having abdicated the Government , and the Throne being thereby vacant . His Highness the Prince of Orange ( whom it hath pleased Almighty God to make the Glorious Instrument of Delivering this Kingdom from Popery and Arbitrary Power ) did ( by the Advice of the Lords Spiritual and Temporal , and divers principal Persons of the Commons ) cause Letters to be written to the Lords Spiritual and Temporal , being Protestants , and other Letters to the several Counties , Cities , Universities , Burroughs , and Cinque-Ports , for the Chusing of such Persons to represent them , as were of Right to be sent to Parliament , to Meet and Sit at Westminster upon the 22 d Day of Ianuary in this Year 1688 , in order to such an Establishment , as that their Religion , Laws and Liberties , might not again be in danger of being Subverted : Upon which Letters Elections having been accordingly made ; And thereupon the said Lord's Spiritual and Temporal , and Commons , pursuant to their respective Letters and Elections , being now Assembled in a Full and Free Representative of this Nation , taking into their most serious Consideration the best Means for attaining the Ends aforesaid , do in the first place ( as their Ancestors in like Case have usually done ) for the Vindicating and Asserting their Ancient Rights and Liberties , Declare , That the pretending Power of Suspending of Laws , or the Execution of Laws , by Regal Authority , without Consent of Parliament , is Illegal . That the pretended Power of Dispensing with Laws , or the Execution of Laws , by Regal Authority , as it hath been assumed and exercised of late , is Illegal . That the Commission for erecting the late Court of Commissioners for Ecclesiastical Causes , and all other Commissions and Courts of the like Nature , are Illegal and Pernicious . That levying of Mony for or to the Use of the Crown , by pretence of Prerogative , without Grant of Parliament , for longer time , or in other manner , than the same is or shall be granted , is Illegal . That it is the Right of the Subjects to Petition the King , and all Commitments and Prosecutions for such Petitioning , are Illegal . That the raising or keeping a standing Army within the Kingdom in time of Peace , unless it be with Consent of Parliament , is against Law. That the Subjects which are Protestants may have Arms for their Defence suitable to their Condition , and as allowed by Law. That Election of Members of Parliament ought to be Free. That the Freedom of Speech , and Debates or Proceedings in Parliament , ought not to be impeached or Questioned in any Court or place out of Parliament . That Excessive Bail ought not to be required , nor Excessive Fines imposed , nor cruel and unusual Punishments inflicted . That Jurors ought to be duly empannell'd and return'd , and Jurors which pass upon Men in Trials for High-Treason ought to be Freeholders . That all Grants and Promises of Fines and Forfeitures of particular Persons before Conviction , are Illegal and Void . And that for redress of all Grievances , and for the amending , strengthening and preserving of the Laws , Parliaments ought to be held frequently . And they do claim , demand , and insist upon all and singular the Premises , as their undoubted Rights and Liberties ; and that no Declarations , Judgments , Doings , or Proceedings , to the prejudice of the People in any of the said Premises , ought in any wise to be drawn hereafter into Consequence or Example . To which Demand of their Rights they are particularly encouraged by the Declaration of His Highness the Prince of Orange , as being the only Means for obtaining a full redress and remedy therein . Having therefore an intire Confidence , that his said Highness the Prince of Orange will perfect the Deliverance so far advanced by Him , and will still preserve them from the Violation of their Rights , which they have here asserted , and from all other Attempts upon their Religion , Rights , and Liberties ; The said Lords Spiritual and Temporal , and Commons assembled at Westminster do resolve , That William and Mary , Prince and Princess of Orange , be , and be declared , King and Queen of England , France , and Ireland , and the Dominions thereunto belonging , to hold the Crown and Royal Dignity of the said Kingdoms and Dominions , to them the said Prince and Princess , during their Lives , and the Life of the Surviver of them ; And that the sole and full Exercise of the Regal Power be only in , and executed by the said Prince of Orange , in the Names of the said Prince and Princess during their joint Lives ; and after their Deceases , the said Crown and Royal Dignity of the said Kingdoms and Dominions to be to the Heirs of the Body of the said Princess ; and for default of such Issue , to the Princess Ann of Denmark , and the Heirs of Her Body ; and for default of such Issue , to the Heirs of the Body of the said Prince of Orange . And the said Lords Spiritual and Temporal , and Commons , do pray the said Prince and Princess of Orange to accept the same accordingly . And that the Oaths hereafter mentioned be taken by all Persons , of whom the Oaths of Allegiance and Supremacy might be required by Law , instead of them ; and that the said Oaths of Allegiance and Supremacy be Abrogated . I A. B. do sincerely promise and swear , That I will be faithful , and bear true Allegiance to their Majesties King WILLIAM and Queen MARY . So help me God. I A. B. do swear , That I do from my Heart Abhor , Detest , and Abjure , as Impious and Heretical , this Damnable Doctrine and Position , That Princes Excommunicated or Deprived by the Pope , or any Authority of the See of Rome , may be Deposed or Murthered by their Subjects , or any other whatsoever . And I do declare , That no Foreign Prince , Person , Prelate , State , or Potentate , hath , or ought to have , any Iurisdiction , Power , Superiority , Preeminence , or Authority Ecclesiastical or Spiritual , within this Realm . So help me God. Io. Browne , Cleric ' Parl. Die Veneris 15 Feb. 1688. His Majesties Gracious Answer , to the Declaration of both Houses . My Lords and Gentlemen , THis is certainly the greatest proof of the Trust you have in Vs , that can be given , which is the thing that maketh us value it the more ; and we thankfully Accept what you have Offered . And as I had no other Intention in coming hither , than to preserve your Religion , Laws and Liberties ; so you may be sure , That I shall endeavour to support them , and shall be willing to concur in any thing that shall be for the Good of the Kingdom , and to do all that is in my Power to advance the Welfare and Glory of the Nation . Die Veneris 15 Februarii 1688. ORdered by the Lords Spiritual and Temporal , Assembled at Westminster , That His Majesties Gracious Answer to the Declaration of both Houses , and the Declaration , be forthwith Printed and Published ; And that his Majesties Gracious Answer this Day be added to the Engrossed Declaration in Parchment , to be Enrolled in Parliament and Chancery . Io. Browne , Cleric ' Parliamentorum . The Declaration of the Estates of Scotland concerning the Mis-government of King James the Seventh , and filling up the Throne with King William and Queen Mary . THat King Iames the 7 th had acted irregularly . 1. By His Erecting publick Schools and Societies of the Jesuits ; and not only allowing Mass to be publickly said , but also inverting Protestant Chappels and Churches , to Publick Mass-houses , contrair to the express Laws against saying and hearing of Mass. 2. By allowing Popish Books to be Printed and Dispersed , by a Gift to a Popish Printer , designing him Printer to his Majesties Houshold , College and Chappel , contrair to the Laws . 3. By taking the Children of Protestant Noblemen and Gentlemen , sending them abroad to be bred Papists , making great Funds and Donations to Popish Schools and Colleges abroad ; bestowing Pensions on Priests , and perverting Protestants from their Religion , by Offers of Places , Preferments and Pensions . 4. By disarming Protestants , while at the same time he employed Papists in the Places of greatest Trust , Civil and Military , such as Chancellour , Secretaries , Privy Councellors , and Lords of Session , thrusting out Protestants , to make room for Papists , and intrusting the Forts and Magazines of the Kingdom in their hands . 5. By Imposing Oaths contrair to Law. 6. By giving Gifts and Grants for exacting of Money without Consent of Parliament , or Convention of Estates . 7. By Levying and keeping on foot a Standing Army in time of Peace , without consent of Parliament ; which Army did exact Locality , free and day Quarters . 8. By Employing the Officers of the Army , as Judges through the Kingdom , and imposing them where there were held Offices and Jurisdictions , by whom many of the Leiges were put to Death summarily without legal Tryal , Jury or Record . 9. By imposing exorbitant Fines to the Value of the Parties Estates , exacting extravagant Bail , and disposing Fines and Forfaulture before any Process or Conviction . 10. By Imprisoning Persons without expressing the Reason , and delaying to put them to Tryal . 11. By causing pursue and forfault several Persons upon stretches of old and obsolete Laws , upon frivolous and weak pretences , upon lame and defective Probations ; as particularly the late Earl of Argyle , to the scandal and reproach of the Justice of the Nation . 12. By Subverting the Right of the Royal Boroughs , the Third Estate of Parliament , imposing upon them not only Magistrates , but also the whole Town Council and Clerks , contrair to the Liberties and express Charters , without the pretence outher of Sentence , Surrender , or Consent : So that the Commissioners to Parliaments being chosen by the Magistrates and Councils , the King might in effect alsweel nominate that entire Estate of Parliament ; many of the said Magigrates put in by him were avowed Papists ; and the Burghs were forced to pay Mony for the Letters , imposing these illegal Magistrates and Council upon them . 13. By sending Letters to the Chief Courts of Justice , not only ordering the Judges to stop and desist sine die , to determine Causes , but also ordering and commanding them how to proceed in Cases depending before them , contrair to the express Laws : And by changing the Nature of the Judges Gifts , ad vitam aut culpam , and giving them Commissions ad bene placitam , to dispose them to compliance by Arbitrair Courses , and turning them out of their Offices when they did not comply . 14. By granting Personal Protections for Civil Debts , contrair to Law. All which are utterly and directly contrair to the known Laws , Freedoms and Statutes of this Realm . Therefore the Estates of the Kingdom of Scotland , find , and declare . That King Iames the Seventh , being a profest Papist , did assume the Regal Power , and acted as King , without ever taking the Oath required by Law ; and have by advice of Evil and Wicked Counsellors invaded the Fundamental Constitution of the Kingdom , and altered it from a Legal , limited Monarchy , to an Arbitrair and Despotick Power ; and hath exercised the same to the subversion of the Protestant Religion , and the violation of the Laws and Liberties of the Kingdom : Inverting all the Ends of Government , whereby he hath forfaulted the Right to the Crown , and the Throne is become vacant . And whereas his Royal Highness , William , then Prince of Orange , now King of England , whom it hath pleased the Almighty God to make the Glorious Instrument of delivering these Kingdoms from Popery , and Arbitrary Power , did , by advice of several Lords and Gentlemen of this Nation , at London , for the time , call the Estates of this Kingdom to meet the Fourteenth of March last , in order to such an Establishment , as that their Religion , Laws and Liberties might not be again in danger of being subverted . And the said Estates being now assembled , in a full and free Representative of this Nation , taking to their most serious consideration , the best means for attaining the Ends aforesaid , Do in the first place , as their Ancestors in the like cases have usually done , for the vindicating and asserting their Ancient Rights and Liberties , declare , That by the Law of this Kingdom no Papist can be King or Queen of the Realm , nor bear any Office whatsoever therein ; nor can any Protestant Successor , exercise the Regal Power , until he or she swear the Coronation Oath . That all Proclamations asserting an Absolute Power , to cass , annul and disable Laws ; the erecting Schools and Colledges for Jesuits ; the inverting Protestant Chappels and Churches to publick Mass-houses , and the ●llowing Mass to be said , are contrair to Law. That the allowing Popish Books to be printed and dispersed , is contrair to Law. That the taking the Children of Noblemen , Gentlemen , and others , sending , and keeping them abroad to be bred Papists : The making Funds and Donations to Popish Schools and Colledges ; the bestowing Pensions on Priests , and the perverting Protestants from their Religion by offers of Places , Preferments and Pensions , are contrair to Law. That the disarming of Protestants , and imploying Papists in the Places of greatest Trust , both Civil and Military ; the thrusting out Protestants to make room for Papists , and the entrusting Papists with the Forts and Magazines of the Kingdom , are contrair to Law. That the imposing Oaths without Authority of Parliament , is contrair to Law. That the giving Gifts or Grants for raising of Mony without the Consent of Parliament , or Convention of Estates , is contrair to Law. That the imploying Officers of the Army as Judges through the Kingdom , or imposing them where there were several Offices and Jurisdictions , and the putting the Leiges to Death summarily , and without legal Trial , Jury or Record , are contrair to Law. That the imposing extraordinary Fines , the exacting of exorbitant Bail , and the disposing of Fines and Forfaultures before Sentence , are contrair to Law. That the Imprisoning Persons , without expressing the reason thereof , and delaying to put them to Trial , are contrair to Law. That the causing pursue and forfault Persons upon Stretches of old and obsolete Laws , upon frivolous and weak Pretences , upon ●ame and defective Probation , as particularly the late Earl of A●gyle , are contrai● to Law. That the nominating and imposing Magistrates , Councils and Clerks upon Burg●s , contrair to the Liberties and express Charters , is contrair to Law. That the sending Le●ters to the Courts of Justice , ordaining the Judges to stop or desist from determining Causes , or ordaining them how to proceed in Causes depending before them ; and the changing the Nature of the Judges Gifts ad vitam aut culpam , unto Commissions . Durante bene placito , are contrair to Law. That the granting Personal Protections for Civil Debts , is contrair to Law. That the forcing the Leiges to depone against themselves in Capital Crimes , however the Punishment be restricted , is contrair to Law. That the using Torture without Evidence , or in ordinary Crimes , is contrair to Law. That the ●ending of an Army in a Hostile manner upon any part of the Kingdom , in a peaceable time , and exacting of Locality , and any manner of Free Quarter , is contrair to Law. That the charging the Leiges with Law-burroughs at the King's instance , and the imposing of Bands without the Authority of Parliament , and the suspending the Advocates from their Imployments for not compearing when such Bands were offered , were contrair to Law. That the putting of Garisons on private Mens Houses in a time of peace , without the consent of the Authority of Parliament , is contrair to Law. That the opinion of the Lords of Session in the two Causes following , were contrair to Law ( viz. ) 1. That the concerting the demand of a Supply for a Forfaulted Person , although not given , is Treason . ( 2. ) That Persons refusing to discover what are their private thoughts and Judgments in relation to points of Treason , or other Mens actions , are guilty of Treason . That the fining Husbands for their Wives withdrawing from the Church , was contrair to Law. That Prelacy , and Superiority of any Office in the Church above Presbyters , is and hath been a great and unsupportable Grievance and Trouble to this Nation , and contrair to the Inclinations of the Generality of the People ever since the Reformation , they having Reformed from Popery by Presbyters ; and therefore ought to be abolished . That it is the Right and Privilege of the Subjects to protest for remead of Law to the King and Parliament , against Sentences pronounced by the Lords of Session , providing the same do not stop execution of the said Sentences . That it is the Right of the Subjects to Petition the King , and that all Imprisonments and Prosecutions for such Petitions are contrair to Law. That for redress of all Grievances , and for the amending , strengthning and Preserving of the Laws , Parliaments ought to be frequently called and allowed to sit , and the freedom of Speech and Debate secured to the Members . And they do claim and demand and insist upon all and sundry the Premisses , as their undoubted Right and Liberties , and that no Declarations , Doings or Proceedings to the prejudice of the People in any of the said Premisses , ought in any ways to be drawn hereafter in consequence and example , but that all Forfaultures , Fines , loss of Offices , Imprisonments , Banishments , Pursuits , Persecutions and Rigorous Executions be considered , and the Parties seized , be redressed . To which demand of the Rights , and Redressing of their Grievances , they are particularly incouraged by his Majesty the King of England his Declaration for the Kingdom of Scotland of the day of October last , as being the only means for obtaining a full redress and remead therein . Having therefore an entire Confidence , That his said Majesty the King of England will perfyte the Deliverance so far advanced by him , and will still preserve them from the Violation of the Rights which they have here asserted ; And from all other Attempts upon their Religion , Laws and Liberties ; The said Estates of the Kingdom of Scotland do resolve , That William and Mary , King and Queen of England , France , and Ireland , Be and Be Declared King and Queen of Scotland ; to Hold the Crown and Royal Dignity of the said Kingdom of Scotland , to them the said King and Queen during their Lives , and the longest Liver of them ; and that the sole and full exercise of the Royal Power , be only in , and exercised by him the said King , in the Names of the said King and Queen , during their joynt Lives : And after their deceases , the said Crown and Royal Dignity of the said Kingdom , to be to the Heirs of the Body of the said Queen ▪ Which sailing , to the Princess Ann of Denmark , and the Heirs of her Body : which also sailing , to the Heirs of the Body of the said William King of England . And they do pray the said King and Queen of England to accept the same accordingly . And that the Oath hereafter mentioned be taken by all Protestants of whom the Oath of Allegiance , and any other Oaths and Declarations might be required by Law instead thereof . And that the said Oath of Allegiance , and other Oaths and Declarations , may be Abrogated . I A. B. Do sincerely Promise and Swear , That I will be Faithful and bear True Allegiance to Their Majesties King WILLIAM and Queen MARY . So help me God. The manner of the Proclaiming of King WILLIAM , and Queen MARY , at White-hall , and in the City of London , Feb. 13. 1688 / 9. ABout half an hour past Ten in the Morning , the Lords and Commons came from Westminster to White-hall in their Coaches , and alighted at the Gate , went up into the Banqueting-House , where they presented the Prince and Princess of Orange with an Instrument in Writing , for declaring their Highnesses King and Queen of England , France , and Ireland , and the Dominions and Territories thereunto belonging , desiring them to accept the Crown , pursuant to the said Declaration , which their Highnesses accepting accordingly , the said Lords and Commons came down again to White-hall gate , preceded by the Speakers of their respective Houses , each attended with a Sergeant at Arms ; where they found the Heralds of Arms , the Sergeants at Arms , the Trumpets , and other Officers , all in readiness , being assembled by Order● from the Duke of Norfolk , Earl-Marshal of England . And Sir Thomas St. George Knight Garter , Principal King of Arms , having received a Proclamation , and an Order from the Lord ▪ House to the Kings Heralds and Pursuivants of Arms , for Publishing or Proclaiming the same forthwith : The Persons concern'd , disposed themselves in Order before the Court-gate , for making the said Proclamation : And the Trumpets having founded a Call three several Times , the last of which was answer'd by a great Shout of the vast Multitudes of People there assembled . The Noise ceasing , the said Garter , King of Arms , read the said Proclamation by short Sentences or Periods , which was thereupon proclaim'd aloud by Robert Devenish Esq York Herald , being the Senior Herald , in these words : WHereas it hath pleased Almighty God , in his great Mercy to this Kingdom , to vouchsafe us a Miraculous Deliverance from Popery and Abitrary Power , and that our Preservation is due , next under God , to the Resolution and Conduct of His Highness the Prince of Orange , whom God hath chosen to be the Glorious Instrument of such an inestimable Happiness to us and our Posterity ; and being highly sensible and fully perswaded of the Great and Eminent Vertues of Her Highness the Princess of Orange , whose zeal for the Protestant Religion will no doubt bring a Blessing along with Her upon this Nation ; And whereas the Lords and Commons now Assembled at Westminster have made a Declaration , and presented the same to the said Prince and Princess of Orange , and therein desired them to Accept the Crown , who have accepted the same accordingly ; We therefore the Lords Spiritual and Temporal , and Commons ; Together with the Lord Mayor and Citizens of London , and others of the Commons of this Realm , Do , with a full Consent , Publish and Proclaim according to the said Declaration , William and Mary , Prince and Princess of Orange , to be King and Queen of England , France , and Ireland , with all the Dominions and Territories thereunto belonging ; who are accordingly so to be owned , deemed , accepted , and taken by all the People of the aforesaid Realms and Dominions , who are from hence-forward bound to acknowledge and pay unto them all Faith and true Allegiance . Beseeching God , by whom Kings Reign , to bless King William and Queen Mary with long and happy Years to Reign over us . God save King WILLIAM and Queen MARY . Jo. Brown , Cleric . Parliamentorum . Which being ended , and the Trumpets sounding a Flourish , was answer'd by several repeated Shouts of the People . And Directions being given to proclaim the same within Temple-Bar , in Cheap-side , and at the Royal-Exchange , the Proceeding marched in this manner : First , the several Beadles of the Liberties of Westminster ; Next , the Constables of the said Liberties , all on Foot , with the High-Constable on Horse-back ; After them , the Head-Bailiff of Westminster , and his Men , all with white Staves , to clear the Way , on Horse-back ; Then the Knight-Marshal's Men also on Horse-back ; Next to these a Class of Trumpets , Nine in all , viz. 2 , 2 , 2 , and 3 followed by the Sergeant-Trumpeter , carrying his Mace on his Shoulder , all likewise on Horse-back ; Then a Pursuivant of Arms single : Then a Pursuivant and a Sergeant at Arms ; Another Pursuivant and a Sergeant at Arms ; Then four Heralds of Arms , one after another , each with a Sergeant at Arms on his left Hand , the Heralds and Pursuivants being all in their Rich Coats of the Royal Arms , and the Sergeants at Arms , each carrying his Mace on his Shoulder , and all on Horse-back ; Then Garter King of Arms , in his rich Coat of Arms , carrying the Proclamation , accompanied with Sir Tho. Duppa Kt. Gentleman-Usher of the Black Rod , in his Crimson Mantle of the Order of the Garter , and his Black Rod of Offi●e , likewise on Horse-back . These immediately preceded the Marquess of Halifax , who executed the Place of Speaker in the House of Lords , in his Coach , attended by Sir Roger Harsnet , eldest Sergeant at Arms , with his Mace. Then follow'd Henry Powle Esq Speaker of the House of Commons , in his Coach , attended by Iohn Topham Esq Sergeant at Arms to the said House , with his Mace. After the two Speakers of the Houses , followed the Duke of Norfolk , Earl Marshal , and Primier Duke of England , in his Coach , with his Marshals Staff in his Hand ; And next to him all the Peers in order in their Coaches ; And last of all , the Members of the House of Commons in their Coaches . In this Order they proceeded towards Temple-Bar ; and being come as far as the Maypole in the Strand , two of the Officers of Arms , with a Sergeant at Arms , and two Trumpets , went before to Temple-Bar ; and the Lord Mayor , Aldermen , and Sheriffs , being by this time arrived there , and having ordered the Gates to be shut , the Herald at Arms knocked thereat ; whereupon the Sheriffs being on Horse-back , came to the Gate ; and the said Herald acquainting them , That he came by Order of the Lords Spiritual and Temporal assembled at Westminster , to demand Entrance into that famous City , for the Proclaiming of William and Mary , King and Queen of England , France , and Ireland , and the Dominions and Territories thereunto belonging ; and therefore required their speedy Answer . The said Sheriffs ordered the Gates to be opened . Whereupon leaving the Head-Bayliff , Constables , and Beadles of Westminster without the Barr , the rest of the Proceeding entred , where they found the Lord May●r , Aldermen , Recorder , and Sheriffs , all in their Formalities , and on Horse-back , except the Lord Mayor who was in his Coach , attended by the Sword-bearer , and other of his Officers , who joyfully receiving them , they made a stand between the two Temple-Gates , and Proclaimed their Majesties a second time . From whence they marched towards Cheap-side , a Class of the City Trumpets , and the Lord-Mayors Livery-men leading the Way , and the said Aldermen and Lord Mayor falling into the Proceeding : And near Wood-street end ( the place where Cheap-side-Cross formerly stood ) they made another stand , and Proclaimed their Majesties a third time . And arriving at the Royal-Exchange about Two of the Clock , they Proclaimed them a fourth time ; and at each Proclamation , the vast multitudes of Spectators who thronged the Streets , Balconies and Windows , filled the Air with loud and repeated Shouts and Expressions of Joy. Within Temple-Bar , and all along Fleet-street , the Orange Regiment of the City Militia , lined both sides of the way , as did the Green Regiment within Ludgate and St. Paul's Church-Yard ; the Blew Regiment in Cheap-side , and the White in Cornhil . The Coronation of their Sacred Majesties King WILLIAM and Queen MARY was performed at Westminster in manner following , April 11 , 1689. THeir Majesties being come from Whitehal to Westminster , and the Nobility , &c. being put in Order by the Heralds , They came down in State into Westminster-hall , where the Swords and Spurs were presented to them . After which the Dean and Prebendaries of Westminster , having brought the Crowns and other Regalia , presented them severally to their Majesties , which , with the Swords and Spurs , were thereupon delivered to the Lords appointed to carry them . Then the Procession began in this manner . Drums and Trumpets ; Six Clerks in Chancery , two abreast ( as all the rest of the Proceeding went ; ) Chaplains having Dignities ; Aldermen of London ; Masters in Chancery ; Solicitor , and Attorney General ; Gentlemen of the Privy Chamber ; Judges . Children of Westminster , and of the King's Chappel ; Choir of Westminster , and Gentlemen of the Chappel ; Prebends of Westminster ; Master of the Jewel-house ; Privy Councellors not Peers . Two Pursuivants , Baronesses , Barons , Bishops ; A Pursuivant , a Vicountess , Vicounts ; Two Heralds , Countesses , Earls ; A Herald , a Marchioness ; Two Heralds , Dutchesses , Dukes ; Two Kings of Arms , The Lord Privy Seal ; Lord President of the Council ; Archbishop of York ; His Royal Highness Prince George of Denmark ; Two Persons representing the Dukes of Aquitain and Normandy . Next the Lords who bore their Majesties Regalia , viz. The Earl of Manchester St. Edward's Staff ; and the Lord Grey of Ruthin the Spurs ; The Earl of Clare the Queens Scepter with the Cross , and the Earl of Northampton the King's ; The Earls of Shrewsbury , Derby , and Pembroke , the 3 Swords . Next , Garter King of Arms between the Usher of the Black Rod , and the Lord Mayor of London ; The Lord Great Chamberlain Single ; The Earl of Oxford with the Sword of State , between the Duke of Norfolk Earl Marshall , and the Duke of Ormond Lord High-Constable for that Day ; then the Earl of Bedford with the Queens Sceptre of the Dove , and the Earl of Rutland with the King 's ; the Duke of Bolton with the Queen's Orb , and the Duke of Grafton with the King 's ; the Duke of Somerset with the Queen's Crown , and the Earl of Devonshire , Lord Steward of his Majesties Houshold , who was made Lord. High Steward of England for that Day , with the King 's : The Bishop of London with the Bible , between the Bishop of St. Asaph with the Paten , and the Bishop of Rochester with the Chalice . Then the King , supported by the Bishop of Winchester , and the Queen by the Bishop of Bristol , under a Canopy born by Sixteen Barons of the Cinque Ports ; His Majesties Train born by the Master of the Robes , assisted by the Lord Eland , Lord Willoughby , Lord Landsdowne , and the Lord Dunblaine ; and Her Majesties Train by the Dutchess of Somerset , assisted by the Lady Elizabeth Pawlett , Lady Diana Vere , Lady Elizabeth Cavendish , and the Lady Henrietta Hyde . After the King , a Gentleman of the Bed-Chamber , and two Grooms of the Bed-Chamber ; and after the Queen , a Lady of the Bed-Chamber , and two of Her Majesties Women . Lastly the Captain of His Majesties Guard , between the Captain of the Yeomen of the Guard , and the Captain of the Band of Pensioners ; followed by the Officers and Band of Yeomen of the Guard. The Sergeants at Arms going on each side of the Regalia , and the Gentlemen Pensioners on each side of the Canopy . Thus Their Majesties in Their Robes of Crimson Velvet , the King with a Cap , and the Queen a Circlet on her Head , All the Nobility in Crimson Velvet Robes , with their Coronets in their Hands , and the rest of the Proceeding in their proper Habits , marched on foot upon Blew Cloth to Westminster-Abby , all the Way and Houses on each side being Crouded with vast Number of Spectators , expressing their great Joy and Satisfaction by loud repeated Acclamations . Being Entred the Church ; and all duly seated , the Bishop of London , who performed this great Solemnity , began with the Recognition , which ended with a mighty Shout . Then Their Majesties Offered , and the Lords who bore the Regalia , presented them at the Altar . The Litany was sung by two Bishops , and after the Epistle , Gospel , and Nicene Creed , the Bishop of Salisbury Preach'd on this Text , 2 Sam. 23. 3 , 4. After Sermon Their Majesties took the Oath , and being Conducted to their Regal Chairs placed on the Theater ( that they might be more Conspicuous to the Members of the House of Commons , who were seated in the North Cross ) were Anointed , and presented with the Spurs and Sword , and Invested with the Palls and Orbs , and then with the Rings and Scepters ; and at Four of the Clock the Crowns were put on their Heads . At sight whereof the People shouted , the Drums and Trumpets sounded , the great Guns were discharged , and the Peers and Peeresses put on their Coronets . Then the Bible was presented to Them , and after the Benediction They vouchsafed to Kiss the Bishops . Being Inthroned , first the Bishops , and then the Temporal Lords did their Homage , and Kissed their Majesties left Cheeks ; while the Treasurer of the Houshold threw about the Coronation Medals . Next followed the Communion ; And Their Majesties having made their second Oblation , received the Holy Sacrament . Then the Bishop Read the final Prayers , and Their Majesties retiring into St. Edward's Chappel , and being new Arrayed in Purple Velvet , returned to Westminster-Hall , wearing Their Rich Crowns of State , and the Nobility their Coronets . The Nobility , &c. being seated at their respective Tables , which were all ready furnished before their coming in ; The first Course for Their Majesties Table was served up with the proper Ceremony , being preceded by the great Officers , and the High-Constable , High-Steward , and Earl-Marshall ; And before the second Course Charles Dymoke Esq Their Majesties Champion , between the High-Constable and the Earl-Marshall , performed the Challenge : After which the Heralds proclaimed Their Majesties Styles . Dinner being ended , and the whole Solemnity performed with great Splendor and Magnificence , About Eight in the Evening Their Majesties returned to White-hall . A Proclamation declaring WILLIAM and MARY King and Queen of England , to be King and Queen of Scotland . Edinburgh , April 11. 1689. WHereas , the Estates of this Kingdom of Scotland , by their Act of the Date of these Presents , have Resolved , That William and Mary , King and Queen of England , France , and Ireland , Be , and Be declared King and Queen of Scotland , to hold the Crown and Royal Dignity of the said Kingdom of Scotland , to them the said King and Queen , during their Lives , and the longest Liver of Them ; and that the Sole and Full Exercise of the Regal Power , be only in , and Exercised by the said King , in the Names of the said King and Queen , during their joynt Lives . As also , the Estates having Resolved and Enacted and Instrument of Government , or Claim of Right , to be presented with the Offer of the Crown , to the said King and Queen . They do Statute and Ordain , that William and Mary , King and Queen of England , France and Ireland , be accordingly forthwith Proclaimed King and Queen of Scotland , at the Mercat Cross of Edinburgh , by the Lyon King at Arms , or his Deputs , his Brethren Heraulds , Macers and Pursevants , and at the Head-Burghs of all the Shires , Stewarties , Bailliaries , and Regalities within the Kingdom , by Messengers at Arms. Extracted forth of the Meeting of the Estates , by me . J A. DALRYMPLE , Cls. God save King WILLIAM and Queen MARY . The Manner of the King and Queen taking the Scotish Coronation Oath . May 11. 1689. THis day being appointed for the publick Reception of the Commissioners , viz. the Earl of Argyle , Sir Iames Montgomery of Skelmerly , and Sir Iohn Dalrymple of Stair younger , who were sent by the Meeting of the Estates of Scotland , with an Offer of the Crown of that Kingdom to Their Majesties , they accordingly , at 3 of the Clock , met at the Council-Chamber , and from thence were Conducted by Sir Charles Cotterel , Master of the Ceremonies , attended by most of the Nobility and Gentry of that Kingdom , who reside in and about this place , to the Banqueting-House ; where the King and Queen came attended by many Persons of Quality , the Sword being carried before them by the Lord Cardrosse , ( and Their Majesties being placed on the Throne under a rich Canopy ) they first presented a Letter from the Estates to His Majesty ; then the Instrument of Government ; Thirdly , a Paper containing the Grievances , which they desired might be Redressed ; and Lastly , an Address to His Majesty for turning the Meeting of the said Estates into a Parliament : All which being Signed by his Grace the Duke of Hamilton , as President of the Meeting , and read to Their Majesties , the King returned to the Commissioners the following Answer . When I engaged in this Undertaking , I had particular Regard and Consideration for Scotland , and therefore I did emit a Declaration in relation to That as well as to this Kingdom , which I intend to make good and effectual to them . I take it very kindly that Scotland hath expressed so much Confidence in and Affection to Me ; They shall find Me willing to assist them in every thing that concerns the Weal and Interest of that Kingdom , by making what Laws shall be necessary for the Security of their Religion , Property , and Liberty , and to ease them of what may be justly grievous to them . After which , the Coronation-Oath was tendred to Their Majesties , which the Earl of Argyle spoke word by word distinctly , and the King and Queen repeated it after him holding Their Right Hands up after the manner of taking Oaths in Scotland . The Meeting of the Estates of Scotland did Authorize their Commissioners to represent to His Majesty , That that Clause in the Oath in relation to the rooting out of Hereticks did not import the destroying of Hereticks ; And that by the Law of Scotland no Man was to be persecuted for his private Opinion ; And even Obstinate and Convicted Hereticks were only to be denounced Rebels or Outlawed , whereby their Moveable Estates are Confiscated . His Majesty at the repeating that Clause in the Oath , Did declare , that He did not mean by these words , That He was under any Obligation to become a Persecutor . To which the Commissioners made Answer , That neither the meaning of the Oath , or the Law of Scotland did import it . Then the King replyed , That He took the Oath in that Sense , and called for Witnesses the Commissioners and others present ; And then both Their Majesties Signed the said Coronation-Oath . After which the Commissioners and several of the Scotish Nobility kissed Their Majesties Hands . The Coronation-OATH of England . The Arch-Bishop or Bishop shall say , WIll You solemnly Promise and Swear to Govern the People of this Kingdom of England , and the Dominions thereto belonging , according to the Statutes in Parliament agreed on , and the Laws and Customs of the same ? The King and Queen shall say , I solemnly Promise so to do . Arch-Bishop or Bishop . Will You to Your Power , cause Law and Justice in Mercy to be Executed in all Your Judgments . King and Queen . I Will. Arch-Bishop or Bishop . Will You to the utmost of Your Power Maintain the Laws of God , the true Profession of the Gospel , and the Protestant Reformed Religion Established by Law ? And will You Preserve , unto the Bishops and Clergy of this Realm , and to the Churches committed to their Charge , all such Rights and Priviledges as by Law do or shall appertain unto them , or any of them ? King and Queen . All this I Promise to do . [ After this , the King and Queen laying His and Her Hand upon the Holy Gospels , shall say , ] King and Queen . The Things which I have here before Promised , I will Perform and Keep. So help me God. [ Then the King and Queen shall kiss the Book . ] The Coronation OATH of Scotland . WE William and Mary , King and Queen of Scotland , Faithfully Promise and Swear , by this Our solemn Oath in presence of the Eternal God , that during the whole course of Our Life , we will serve the same Eternal God , to the uttermost of Our Power , according as he has required in his most holy Word , reveal'd and contain'd in the New and Old Testament , and according to the same Word shall maintain the True Religion of Christ Jesus , the Preaching of his Holy Word , and the due and right Ministration of the Sacraments , now Received and Preached within the Realm of Scotland ; and shall abolish and gainstand all false Religion contrary to the same , and shall Rule the People committed to our Charge , according to the Will and Command of God , revealed in his aforesaid Word , and according to the Landable Laws and Constitutions received in this Realm , no ways repugnant to the said Word of the Eternal God , and shall procure , to the utmost of Our power , to the Kirk of God , and whole Christian People , true and perfect Peace in all time coming . That we shall preserve and keep inviolated the Rights and Rents , with all just Priviledges of the Crown of Scotland , neither shall we transfer nor alienate the same ; That we shall forbid and repress in all Estates and Degrees , Reif , Oppression , and all kind of wrong . And we shall Command and Procure that Justice and Equity in all Judgments be keeped to all Persons without exception , as the Lord and Father of all Mercies shall be merciful to u● . And we shall be careful to root out all Hereticks and Enemies to the true Worship of God , that shall be Convicted by the true Kirk of God of the aforesaid Crimes , out of Our Lands and Empire of Scotland . And we faithfully affirm the things above written by Our Solemn Oath . God save King WILLIAM and Queen MARY . FINIS . Notes, typically marginal, from the original text Notes for div A33842-e25480 a a Distinct. 19. cap. a Caus. 25. q. 1. cap. 11. b b Cap. Vergent . de Hereticis . c c Cap. Infam . 6. q. 1. p. 297. d d Suar. de Fide disp . 12. §. 9. n. ● . l. 2. c. 29. e e Cap. de Haer. f f A●zo● . Tom. 1. l. 8. c. 12. q. 7. g g Cap. 2. Sect. fin . de Haer. in 6. h h Cap. cum secundum Legis de Haer. . Inno III. cap. de Vergentis . i i Vasque in Suar. disp . 22. S. 4. n. 11. k k S. 1. n. 5. l l Cap. Vergent . de Haer. m m Cap. ad abolendum de Ha●r . Su●r . Dis. 23. Bul. Vrb. 4. & Inno. 4. n n Jac. de Gra. decis . l. 2. c. 9. n. 2. o o Bonacina Diano . Castro Molanus , &c. Car. Allen. ad mon. to Nobl. & Peop. p. 41. p p ●riess of P. G. 13. & Clem. 8. q q 5. Ies. Trial , p. 28. r r Col. Lr. ●o the Intern●ncio . s s Prance 's Nar. p. 4. t t Caus. Ep. p. 189. u u Five Ies. T●i●ls , p. 2● . x x Caput Offi●●●m ▪ y y Bon●ci●●a d● prin● . prat . Disp. 3. q. 2. z z Parson 's Philop. p. 109. a a Becan . Cont. Aug. p. 131 , 132. In Fowlis , p. 60. b b Oats 's Nar. p. 4. N. 5 , &c. c c Hist. Ref. p. 110. Notes for div A33842-e29280 a a Prout Regalis Officii exposcit utilitas . b b Sicome le profit de Office Demaunde . The Kingly or Regal Office of this Realm , Mar. Sess. 3. cap. 1. Give us a King to judg us , 1 Sam. 8.5 , 6 , 20. 18 Edw. III. 20 Edw. III. Cap. 1 , 2. Notes for div A33842-e39580 1 Iac. 1. cap. 1. 35 H. 8. cap. 1. 6 E. 6.11.1 , 2 , 3. Om. 10. 1 El. 6. 1 El. 3. Notes for div A33842-e54240 Church-man . 
A59965	----	A short memorial of the sufferings and grievances past and present of the Presbyterians in Scotland particularly of them called by nick-name Cameronians. Shields, Alexander, 1660?-1700. 1690 Approx. 161 KB of XML-encoded text transcribed from 32 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A59965 Wing S3434 ESTC R25753 09102270 ocm 09102270 42451 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A59965) Transcribed from: (Early English Books Online ; image set 42451) Images scanned from microfilm: (Early English books, 1641-1700 ; 1295:3) A short memorial of the sufferings and grievances past and present of the Presbyterians in Scotland particularly of them called by nick-name Cameronians. Shields, Alexander, 1660?-1700. [4], 56 p. s.n.], [Edinburgh? : 1690. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- History. Covenanters. Scotland -- History -- 1660-1688. 2003-08 TCP Assigned for keying and markup 2003-09 Aptara Keyed and coded from ProQuest page images 2003-10 Rina Kor Sampled and proofread 2003-10 Rina Kor Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion A SHORT MEMORIAL OF THE Sufferings AND Grievances , PAST and PRESENT OF THE PRESBYTERIANS IN SCOTLAND : Particularly of those of them called by Nick-name Cameronians . Printed in the Year , 1690. TO THE READER . IT is not needful in the entry to give a Deduction , either of the Excellent Establishments of Religion and Civil Liberties , and Provisions made for security of both , that our Fathers obtained and Enjoyed , by the Mercy of GOD , under the Patrociny of Righteous Rulers ; Or of the deplorable Demolishments of these Invaluable Intersts , since the unhappy Re-introduction of Prelacy and Tyranny , which brought Poperie to the very Birth in this Land , had it not pleased the Most High GOD , by the interposition of the present King , as an Instrument , to make it abortive . But it is very useful and pleasant , to remember that the Reformation of the Church of Scotland , was sometimes as far Celebrated among all the Churches , as now it is Depreciated incontempt and Obscurity : Among other peculiar Eminencies of it above many other Churches , she had this very early for the subject of her Gloriation , through Grace ; that at once and from the Beginning , both , Doctrine , Worship , Discipline and Government were Reformed , according to the Pattern of the Institutions of Christ , to that degree of Purity , that our very first Reformers could assert , to the praise of Grace , that no Corruption was left in this Church , that ever flowed from the Man of Sin. Which , through the Blessing of GOD upon the Faithful and earnest Labours and Wrestling of His Servants in the Ministry , made such progress in a short time ; that not only the Doctrine was perfectly purged of the Leaven of Popery , Arminianisme , Socinianisme &c. and all other Heresies ; the Worship , of all Idolatry and Superstition : but the Discipline was impartially exercised , and the Government Reformed from Diocesan Prelacy , Sectarian Confusions , and Erastian Supremacy of the Civil Powers , and framed in the nearest Conformity to the Primitive Apostolick Pattern , according to the Word of GOD , and example of the best Reformed Churches , in the Presbyterial Order , of Congregational , Classical , Synodical , and National Assemblies . In the Preservation and Observation of which Beautiful Order , making our Church Beautiful as Tirzah , Comely as Jerufalem , Terrible as an Army with Banners . This was also her Priviledge and Praise , which is the Fruit of this Government wheresoever it hath Place , that she was Once and for a long time , as much admired for Union , as of late for Divisions since these Corruptions made a Breach upon Vs : Her Name was once called Philadelphia among all the Reformed Churches ; and t was long since attested at that unhappy Convention at Perth , which attempted the Introduction of some Popish Novations , in the Year 1618. That from that backward , to the Year 1558. there had been neither Schisme nor Heresie in this Church ; as also from thence forward , the same might have been said , excepting the Contentions which the Prelates and Malignants occasioned , until the fatal Catastrophe . No Church on Earth had more Purity , Order , or Vnity , and was freer of Corruption , Defection and Division , that this Church . This our Renowned Reformation in Doctrine , Worship , Discipline and Government , as it was Founded on the Law and the Testimony of the GOD of Heaven ; so it was Confirmed by all the Sanctions , Ratifications and Securities , that any Right can be capable of among Men : Not only by many Laws , penal , and Statutory , Established as Bulworks , for Preserving and Defending it against all the forementioned Adversaries ; by many Constitutions and Acts of General Assemblies , ratified by Parliaments : But by many , again and again Renewed National and Solemn Covenants , sworn to the most High GOD by all Ranks , from the King to the Beggar , in all Capacities and Conditions . This Testimony , for this Covenanted Reformation , so Confirmed and Established ; as it hath been Transmitted to Vs , through a long continued Tract of many Wrestling and Sufferings , from our worthy Ancestors , and sealed by much Precious Blood and the Bonds and Bondage of many Faithful Martyrs and Confessors of Christ , adhering to the same in our day ; so , as it was then and now Stated and Sealed , hath been and is thought by all the Asserters of our Reformation , to have such a near and clear Connexion with the great Concern of the Crown-Prerogatives , and Imperial Dignities of the Prince of the Kings of the Earth , as Head of His visible Kingdom , whose incommunicable Glory it is , without Competitoor Co-partner , either Coordinate or Subordinate , to Institute his own Government , prescribe His own Laws , appoint his own Ordinances ( which He will have observed without addition , dimunition or alteration , until His second coming ) and to constitute His own Officers , Cloathed only with His Authority , and to be regulated only by His Instructions in their Ministerial Function without any Dependence on , Subordination to , or Indulgence from any Man or Angel , in the exercise thereof , under their Master Christ alone ; to whom it belongs as properly to Rule the Church his own free Kingdom , according to the good pleasure of His own Will , as it belongs to Him to save his Church by the Merit of his own Sufferings ; that our Famous Fathers , and such of their Children as have been faithful in following their footsteps , have judged it a Testimony worthy to Sacrifice all their Interests upon , in opposing and contending against all the Invasions and Vsurpations made upon these Prerogatives of Christ , and Priviledges of His Church , by Poperie Prelacy , and Erastian Supremacy , all condemned in the Law of GOD , diseharged by the Laws of the Land , and Abjured in our Covenants National and Solemn League ; As being highly derogatorie to the Glory of Christ , contradictory to His revealed will , offensive to His People , obstructive to the Power , and destructive to the peace , purity and Liberty of His precious Gospel . Now for adbering to this complex Testimony , what have been the Sufferings and Grievances of Presbyterians in general , and ours in particular since Anno 1660 : from the Popish ; Prelatical and Malignant Party , is more fully demonstrated , ( with the Principles and Testimonie contended for by us , vindicated ) in Naphtali , Jus populi , the Hind let loose , our Informatory Vindication , & the Testimony against the Toleration , given in by that faithful & zealous Minister of Christ , Mr. James Renwick ; and here summarly Remonstrated . We had once a Resolution , at the first appearance of the Prince of Orange ; who , under GOD , was the Honoured Instrument of our begun enlargement from them , To have Addressed his Highness with this same Memorial : But that failing , after this long suspence in expectation of some Redress of Grievances , whereof we and many others have been in a great measure disappointed ; We have been induced to publish it in this Iuncture , with an Appendix of our present complaints of somethings that we understand to be wrong in the Church , State , Army and Country , at the time of the writing thereof ; which was in the time , and upon occasion of the many Adjournments of Parliament : Wherein perhaps something will occur , which may seem obliquely to reflect upon the Government , when we complain of the ill Administrations of many Malignants in power : But as they are sad Truths which cannot be denyed , and tho we may be charged with Imprudence in speaking so freely what many Thousands , and those of the surest Friends the Government hath , do think : So , however we be neither Politicians nor Flatterers , we think Conscience and Loyalty both , doth oblige us to speak what concerns the King and Country both to hear . We do not blame the King for delaying the satisfaction that his People have long waited for , further than for permitting some into Trust , who have abused him with misinformations of what they waited for , and with counsels to delay their satisfaction . Nor are we jealous of his Majesties sincere intentions to perform what he hath promised , and the Estates Demanded , as necessary for settling the Church , securing Laws , restoring Liberties , and Redressing Grievances ; Albeit many here complained of , have laboured to suggest grounds of such Iealousie . We have got already so much Advantage by the success of his Heroick Expedition ; And so many repeated Assurances of his Royal Resolutions to fulfill his Declaration and Promises to our satisfaction ; none of which we can charge him with the breach of tho many of them are not yet accomplished ; that we should be very unworthy to Iealouse his Integrity . We consider his Majestie , stated in very Difficult and Dangerous Circumstances , since he interposed himself in our Gap , between an angry God and a sinful Provocking People ; Wherein he hath to do with a potent Enemy without , and many undermyning Enemies about his Hand , seeking to ensnare him in sin and expose him to ruine ; and hath in his two Kingdoms of Britain People of different Interests and Inclination , whom to Govern will require great deliberation , and consequently occasion delayes : But we lay the blame where it should lye , on the Malignants at Court , Council and Parliament , who are seeking to betray him and us both . If some of these be exposed , and their old pranks discovered , and the Grievous effects of their being so much in Power hinted at ; We hope the Candid Reader will think it no ill service either to King or Country . ERRATA Reader before thou peruse these Sheets be pleased to help these Escapes of the PRESS ( omitting these of less Note ) Page 15. Line 34. Read encouraged . P. 17. 19. R. superadded by L. 25. R. equaling P. 34. Col. 1. 9. R. 21 Men and 5 Women . P. 35 Col. 2. L. 11. for Douglas R. Dundass . P. 36. Col. 1. L 5 for Mouat R. Mewae . Col. 2. L. 20 R. Dundass , and L. 26. R. Dundass . P. 39. L. 36. for Orders R. Order P. 48. L. 18. R. flowing . A SHORT MEMORIAL OF THE GRIEVANCES and SUFFERINGS Of the PRESBYTERIANS in SCOTLAND , Since the Year 1660. Particularly of those of them called CAMERONIANS . AFTER King Charles returned from his Exile , the first Device , which the Malignants then advanced to the highest places of Trust fell upon , for overturning our Religion , Laws , and Liberties , was to prevent and obstruct all access either to Justice or Mercy for such as they had a mind to destroy , and preclude all Applications for a Redress of Grievances . Hence , when some faithful Ministers were drawing up a Monitory Supplication to the King , congratulating his Return , and minding him of his Covenant Engagements and promises to promote and preserve the work of Reformation ; the Committee of States then siting , caused apprehend , and without hearing incarcerate them , for no other cause but that Supplication : against which at that time there was no Law ; and which all Law and Reason of the World will justifie , as the most innocent expedient of getting their just complaints heard and redressed , and the common priviledge of all men , which slavery it self cannot take away . Yet as all Men , and they themselves , could not but , see this a manifest subverting of the Subjects Liberty : So , in procureing a Law to approve it afterwards , they made it worse and more illegal , in declaring Petitions to be unlawful and seditious , Carol. 2. Parl. 2. Sess. 2. Act 2. Hence no Petition or Remostrance of publick Grievances , Oppressing , and enslaving Church or Nation , either durst be offered , or could find Access or Acceptance , being interdicted and also punished very severely ; as in the instance of the Grievances given in against Lauderdale . Nor durst Prisoners tender the most innocent Supplication , even for release or a more easie Confinement , in any terms that seemed either to reflect on their severity , or represent the illegality of their prosecutions , or in the least to vindicate the cause they were suffering for ; which caused many afterwards to decline all petitioning , and choose rather to ly under the most unsupportable bondage , for fear of having it made more miserable . The next succeeding Devices , to undermine and overturn our Religion and Liberty , were the Mischiefs framed into Law by the first Session of the first Parl : Charles 2. held by the Earl of Middletoun 1661. Wherein by the very first Act thereof , all the Members were involved in a Conscience Ensnaring and Enslaving Oath of Absolute and Implieite Allegiance and Supremacy , ( without the former usual Limitations then standing unrepealed ) not only wronging Parliaments in their Priviledges , and the Church in her Liberties , but the Lord Jesus Christ in his Prerogative of Supremacy , and Headship over the Church ; making the King a Pope , and not only a Church Member ( as a Magistrate ) or Church Officer , but the Supreme Architectonick Head of the Church . For refusing this afterwards , many Ministers and others were banished ; several of them made to subscribe a Bond to remove out of all his Majesties Dominions within a moneth , not to return under the pain of Death ; And many kept in prison by the Arbittary Power of the Council , beside the tenor and extent of their own wicked Act thereupon . In the following Acts of that same Session of Parliament , they advanced the Kings Prerogative to the highest pitch of Absoluteness : and the acknowledgement of this vast and unlimited prerogative , in all particulars , was formed and imposed , Charl : 2 : Parl : 1. Sess. 1. Act 2 , 3 , 4 , 5 , 11. This was the foundation of all the succeeding Tyranny , and source of the Nations slavery ; and in it self a head of sufferings to several Gentlemen and others , who could not in Conscience subscribe or make that acknowledgement of such a prerogative ; which would manifestly have imported an approving of the first audacious and presumptuous effect and attempt of its power , exerted in rescinding and annulling at one blow all the Righteous and Legal Establishments of the Covenanted Reformation , and all the Acts made in favours thereof in all the Parliaments and Conventions of Estates from the year 1640. to 1650. even those that the then King Charles 1. approved , owned , and called . They rested not here , in a general or gradual unhinging of Legal Constitutions , made for security of our Religion and Liberty ; but then took advantage of the universal silent Submission of the Nation , to break down at once the carved work of the whole Fabrick of the Reformation as with Axes and Hammers , in that insolent effrontry and indignity against Heaven , in making void the National and Solemn League and Covenants : which the Church and State both in their Representatives and Members , did most solemnly Swear and Subscrive , for themselves and Posterity : which , for the matter of them perpetually obliging , for the manner so Religiously engaged into , and for their ends so Glorious , no power on Earth can dispense with , disannull , or disable : which not only the Lord from Heaven did ratify , by the Conversion of many Thousands , and vouchsafing his presence gracious in Ordinances and propitious in Providences at the subscriving of them ; But in this Land , at the Inauguration of the King Charles 2. ( being the condition upon which he was admitted to the Government ) the latter of these Covenants was Ratified and Established , as the great fundamental Law of the Kingdom , whereon all the Rights and Priviledges either of King or People are principally bottomed and secured , and as the very Magna Charta of our Reformation . Yet this not only they did break in Heaven-daring boldness ; but to flatter the King in making way for Prelacy , Tyranny , and Popery , and to indulge the licentiousness of some debauched Nobles , who could not endure the Yoke of Christs Government according to his Institutions there Covenanted to be preserved ; they enacted and declared , it should have no Obligation or binding Force any farther ; and that none should henceforth require the renewing of it Carol. 2. Parl. 1. Sess. 1. Act. 7. And afterwards , that the National Covenant and Solemn League and Covenant were in themselves Unlawful Oaths : and therefore annulled all Acts and Constitutions Ecclesiastical or Civil approving them , Parl. 1. Sess. 2. Act. 2. And not only so but in contempt of Heaven , they caused burn them by the hand of the Hangman . For adhering unto these Sacred , Inviolable , and Indispensible Engagements , the sufferings of Presbyterians have in a great measure been stated since that time . The next wicked project was , to remove out of the way all who were eminent Instruments , in promoting that work of Reformation now about to be razed , and whom they feared would obstruct their Antichristian and Tyrannical designs , both in the State and in the Church . Accordingly the Noble Marquess of Argyle was beheaded for no other alledged cause but for his complyance with the English , when they had made a Conquest of our Land , Wherein also the Judges that condemned him were Socii Criminis . And afterwards , the Lord Wariston upon the same pretence : And for the same pretended cause , many other Gentlemen , above 800 were Arbitrarly and Exorbitantly fined ; some under divers stiles twice over . Such of the Ministry also as had been most faithful & servent for the interests of their Master and of his Church were cruelly and most illegally removed ; some by Death , as famous Mr. Guthrie , for asserting the Kingly Prerogative of Christ in opposition to the Erastian Supremacy encroaching thereupon ; others by Banishment , for giving faithful warning , and protesting against the defection of that time , thereby only contraveening a wicked Proclamation discharging them to speak against the Proceedings of the State ; others Indicta causa , without access to give in their defences , or to get so much as an extract of their sentence . After they had thus prepared their way , by the very first Act of the second Sess of the first Parl. anno 1662. They reestablished and redintegrated their Dagon of Episcopal Prelacy , with all its inseparably concomitant retinue of Pride , Perjury , Simony , Sacriledge , and intollerable Usurpations and Corruptions ; And wreathed again about our Neck that Yoke which neither our Fathers , who wrestled much against it , nor we were nor ever shall be able to bear : which as it is insupportable to , and hated of all the Godly ( and desirable to none , but dissolute & debauched Persons , who cannot endure Christs discipline impartially exercised , and do find incouragement under the wings of Prelacy ) being in its original both the Mother and Daughter , Root and Off-spring , Cause and Effect of Popery ; a device which advanced the Man of Sin to his hight in the World , and the only remaining support of his hopes of recovering these Kingdoms , by Christs conquest rescued from his Tyranny ; in its nature , evidently eversive of the very nature of Gospel Church Government ; in its ends only adapted to bring the Church into a slavish dependence on & subordination to an usurped Supremacy of the Magistrate , which is a change only of the Pope not of the Popedom ; And in its effects , alwayes found to be most deplorably destructive to the purity and power of Religion , and peace of its sincere profession , and that which hath introduced and encouraged Impiety , Error , Schism , and Persecution in these Lands : So by all the sober and judicious that have known the Case of this Church and Kingdom it hath been acknowledged to be the source and spring of all our Sorrows and Grievances , under which we have groaned these 28 Years . This abjured Prelacy , as it was introduced by manifest Perjury and Persidy , so it was at first erected and hitherto advanced and supported on such a Foundation , as might bear out and justify the Contrivers and Promoters of it , as well in all attemprs to set up Popery it self : the Act establishing it Declaring , the disposal of the Government of the Church doth properly belong to his Majesty as an inherent Right of the Crown , by vertue of his Royal Prerogative and Supremacy in causes Ecclesiastick ; An usurpation upon the Kingdom of Christ equivalent to any that ever the Papacy it self durst aspire unto over the Government of the Church . The first effect whereof was by another Act 1 Sess. 2 Parl. Carol. 2. the restoring the old exploded bondage of Parronages ; another old Relict of Popish Slavery , depriving the Church of the freedom of Calling and Choosing their own Pastors : And dispossessing all the Ministers , who entered since the Year 1640. of their Churches and Benefices , possessed without the presentations of Patrons After which , by the instigation of the Prelates , the Council passed an Act October 1662 , whereby above 300 Ministers were violently put out of their Charges , and their Congregations laid desolate , without all Legal Procedure , without either Accusation or Citation , Conviction or Sentence , or a hearing allowed to them . And therefore for simple Nonconformity , and refusing subjection to and taking Collations from the Prelates , the rest of the Ministers , in great numbers , were , with cruelty more beseeming Turks , thrust from their Labours and banished , with a nice and strange confinement ; 20. Miles from their own Parish Church , Six Miles from a Cathedral , and three Miles from a Burgh . In whose room succeded , a swarm of Ignorant and Scandalous Apostates , the Prelates and their Mercenary Substitutes the Curats : against whom such Charges might alwayes have been adduced , and to this day such Accusations are in readiness to be produced , to any competent ludicatories , that shall be called to cognosce upon them , of the pernicious Errors of Popery , Socinianisme , and Arminianisme maintained by many of them , Abominable Adulteries committed by others of them , the Profanity , Sensuality , and Debauchery , Oppression and Persecution of Godliness and good Men chargeable on the generallity of them , and Perjury in breach of Covenant , and Schismatical intrusion without consent of the Church owned of all of them , and Ungodliness by them transfused over all the Land ; as could not but make them detested of all , as the greatest stain to be suffered in a Reformed Church . Upon the back of this , by the instigation of the Prelates , who scorned to be and one , no not by Iulian the Apostate , in surpressing Religion , they proceeded to poyson all the Seminaries of Learning : Ordaining , in Act. 9. Sess. 2. Parl. 1. Carol. 2. That none be Masters in any University , except they both take the Oath of Supremacy , and submit to and own Prelacy ; or be so much as a Pedagogue to Children , without the Prelates Licence . By which course Honest and Learned Men were brought to considerable Straits and Sufferings ; and Ungodly and Unsound Masters had access and encouragement , to corrupt the Youth with perverse and Malignant Principles , to the great and observable Detriment and Decrement of Religion , Learning , Sobriety , and Morality in the Nation . The next Contrivance was , to corrupt all the Fountains of Judicature . And for this End it was enacted , Act 5. Sess. 2. Parl. 1. Carol. 2. That all Persons , in any publick Trust or Office whatsoever , should subscribe the Declaration , renouncing and abjuring the Covenants ; And that not only under the Certified penalty of Forefaulting the Priviledges of Magistrates ; But also of all the Priviledges of Merchandizing , Trading , and others , belonging to a Burgess , Act 3. Sess. 3. Parl 1. Carol. 2. Whereby Perjury was made the chief and indispensable Qualification , and Conditio sine qua non of all that were capable of Exercising any power in Church or State ; contrate to known Laws yet unrepealed , which make them that are guilty of Perjury , incapable of being intrusted with any publick Administration in the Kingdom . The Parliaments thus corrupted , and instigated by the Bishops and Curates , Establish wicked Laws pressing Conformity . And in the very first of them , made such a streach , beyond all bounds of Charity , Justice , Reason , or Humanity , that they made all Addresses to God or Man , remonstrating such Grievances and reflecting on such proceedings to be Criminal ; Declaring Petitions to be Seditious , And discharging all Writing , Printing , Remonstrating , Praying , or Preaching , shewing any dislike of the Kings Absolute Prerogative and Supremacy in Causes Ecclesiastick , or of the Government of the Church by Bishops , Act 2. Sess. 2. Par. 1. Carol. 2. And Act 4 ibid. They not only prohibited any to Preach in publick , or so much as in Families without the Prelates Licences but Discharged all Private Meetings in Houses for Religious Exercise , of such as could not in Conscience give their Countenance to the Curats Service in Churches . Then in the 3 Sess. Act. 2. They Declare , that all Non conformed Ministers , that shall presume to Exercise their Ministry , shall be punished as Seditious Persons : And Require of all , in acknowledgement of and Complyance with his Majesties Government Ecclesiastical , that they give their concurrence and countenance to the Curates , and attend their Meetings for Worship : Ordaining , that whosoever shall withdraw , shall incur , each Nobleman , Gentleman , or Heretor , the loss of a fourth part of their Years rent , every Yeoman the loss of a fourth or under of his Moveables , each Burgess the loss of his Burge-ship , with the fourth of his Moveables , with a reference to the Council , for farther punishment , and more effectual Execution : Which the Council very vigorously Prosecuted , in emitting most rigorous Proclamations after that : Some requiring all to keep their Parioch Churches under the pain of 20. shil . toties quoties ; Some discharging all Preaching , Praying , or Hearing in Families , where three or some more then the Domesticks were found , as unlawful Conventicles ; Others Certifying , that all such Meetings , not Authorised , shall be punished by Pecunial and Corporal pains , at the Arbittement of the Council ; Other Commanding all Masters of Families , Heretors , Landlords , and Magistrates of Burghs , ro cause their Servants , Dependents , Tennents , Taxmen , Cottars , and all under their Charge , to submit and conform to the Curates their Ministry . For putting these Laws in Execution , the King erected a High Commission Court ; consisting of some Prelates , Noblemen , Magistrates of Burghs , and some Souldiers , impowered , by vertue of his Prerogative Royal and Supremacy , to suspend , deprive , and Excommunicat , As also to punish by Fining , Confining , and Incarcerating , all keepers of Conventicles , and all Non Conformists : A Hotch-potch mongrel Monster of a Judicatory , Authorized by the Prerogative against the Laws of GOD and Man , meddling with Causes and Censures Ecclesiastick and Civil , most Illegal and Arbitrary , both for its Constitution and Procedure : Whereby persons brought before them were made to answer super inquirendis , contrare to express standing Law Ioc. 6. Parl. 10. Act. 13. Anno. 1585. without either Libel or Accuser , or admitting Legal Defences except they take the Oaths ; and sentenced with Stigmatizing , Scourging , Banishment , Deportation and Slaverie to Barbados , &c. By orders from this Court , especially from the Prelates , whose country sides were in a great measure Depopulate for Non-conformity , by Souldiers ; Sometimes besetting the Churches , where honest Ministers were not yet ejected , and forcing all within to pay fines ; Sometimes going to the Curates Churches , and Amerciating all the Absents in such fines as they pleased ; Sometimes by force driving all to Church , beating , wounding , and binding the Reousants ; Sometimes exacting exorbitant fines by Plunder , to the Harassing and making Havock of whole Country sides ; sparing sometimes Complyers no more then Recusants ; And punishing Husbands for their Wives , Parents for their Children ; Yea doubling and tripling the same exactions after payment ; yet compelling them sometimes , to subscribe an acknowledgement that the Captain had used them civilly and discreetly ; Then after all , Apprehending , Imprisoning , Scourging some , Stigmatizing others , and sending them to Forreign parts , that would not for all this conform . Hereupon , being outwearied with intollerable oppressions , a small party of Dissenters were partly compelled , and party by a surprise of Providence engaged , to run together for their own defence , at Pentland Anno 1666. Where , after the defeat , The Prisoners that were taken upon Quarter and solemn parol to have their life spared , were treacherously given up to be Condemned , the very manner of their Execution being first determined and described before Arraigment , and cruelly hanged ; their Heads being set up at Edinburgh , Glasgow , Air , Dumsreis , and at Hamiltoun ; Turks would have blushed to have seen the like . Among the rest one eminent Minister , Mr. Hugh Mckail , for having but a Sword tho not present at the Fight , was first cruelly tortured with the Iron boots , and afterwards execute to the death . At their Executions Drums were beat that they might not be heard ; a Barbarity never known in Scotland before ; and rarely heard of except in the Duke d' Alvas murdering the Protestants in the Netherlands ; But frequently used almost at all the Executions since of our Martyred Brethren in this Land. Immediatly hereafter Souldiers were sent out on free Quarter , to examine men by Tortures , threatning to kill or rost alive all that would not delate all they knew Accessary to that rising : Who accordingly , by fire Matches and other tortures , forced Women to discover their Husbands and other Relations , although they knew not it they were there ; stripped them who Reset the Fugitives , and thrusted them in crouds to Prisons in cold and nakedness ; And some they murdered without Process , that would not , because they could not , discover those persecuted people ; Yea and drove away the Goods of the Country , without respect to Guilt or Innocency . In the mean time , such as were in Armes , and some that were not , were Intercommuned , and interdicted of all Reset , Harbour , Hiding , Corresponding , or Comfort , under pain of Rebellion and of being counted guilty of the same Crimes , wherewith the Intercommuned were charged . And many Gentlemen , Ministers , and others , were Forfeited of their whole Estates very illegally : Yea some that were not present at that Appearance in Armes , nor Legally Convict , nor cited to answer according to Law , were yet Forfaulted before the Act of Parl. 2. Act 11. Carol. 2. contrate to express standing Statutes . And further all Dissenters , and such as did not joyn in suppressing that Expedition , were by order from the Council robbed of their Armes and Horses fit for service ; their guilty Consciences puting them in Fears , and dictating their desert of greater opposition . After all these Cruelties , murdering the Persons and oppressing the Estates of poor Dissenters ; what they could not do by Law , nor Force , nor Futy , they contrived to effectuate by Craft , under the notion of Clemency ; but such a Clemency , as was a greater Cruelty then any former Persecution . The poor People that had nothing left them but a good Conscience , must have that robbed from them likewise : Therefore these wicked Councellers and Prelates , still stirred up by the Curates , having none or a seared Conscience of their own , contrived to take away from People all Remainders of Conscience , or to make them pliable to comply with every corruption they should introduce , by imposing Conscience-debauching and ensnaring Oaths and Bands most Deceitfully and Ambiguously framed , most Illegally imposed , and Insolently pressed ▪ and more numerous since that time than ever was heard of in any Nation in one Age : there being scarce one year since that time , wherein several of these Oaths and Bonds have not been vented and imposed , contradictory to one another , contrary to our sworn Covenants and work of Reformation , impossible to keep , and unlawful to take . Yet finding they could not yet suppress the persecuted Meetings for Gospel Ordinances , but that the more violence was used the greater and more frequent they grew ; They fell upon a more crafty device , to divide and destroy the Remnant , to overturn what remained of the Churches Priviledges undestroyed , and to settle Ministers and People into a silent and stupid Submission to all the Kings Usurpations upon the same , by giving an Indulgence , Anno 1669. to some outed Ministers , with Restrictions and Instructions , clearly homologatory of the Supremacy whence it flowed , establishing the height of Erastianism , prejudicial to the freedom of the Ministry , injurious to the Priviledges of the Church , contrary to Presbyterian Principles , and contradictory to the Covenants : The Grant and Acceptance whereof hath been the bane of the Church of Scotland , and a Bone of Contention rending and ruining the Remnant of Ministers and People Unite before . The end of it was to advance the Supremacy ; as upon this occasion they enlarged and explained it : And because it was against Law , therefore , that the Kings Letter might be made the Supreme Law afterwards , at least Law enough for the Council to proceed , enact , and execute what the King pleased in matters Ecclesiastick , The Parl. 2. Act 1. Carol. 2. held by Lauderdale , Asserts and Declares , That , by vertue of the Supremacy , the ordering of the Government of the Church doth properly belong to his Majesty and Successors , as an Inherent Right to the Crown ; and that he may enact and emitt such Constitutions , Acts , and Orders , concerning Church Administrations , Persons , Meetings , Matters , as he in his Royal Wisdom shall think fit , Which Acts , Orders , &c. Are to be observed and obeyed by all Subjects , any Law , Act or Custom , to the contrary notwithstanding . But now as before , faithful Ministers that were not thus Indulged , sensible of the indispensable necessity of Preaching the Gospel , and of the Peoples great necessity calling them to it from several quarters , after they had undergone and endured many hazards and hardships of Villany and Violence , Imprisonment and Banishment , for meeting in the Houses , where they were easily Intraped , Interrupted , and Insulted over , were forced to go to the Fields , and Preach in places most convenient , secret and safe ; whither the People , being tyred of their cold and dead Curates , and wanting long the Ministry of their old Pastors , resorted in great numbers , on the greatest of hazards : the Council then , at the instigation of the Bishops and Curates , raised Troops of Horse and Dragoons to pursue them as Traitors and Rebells , for their following that Necessary and Signally blessed Duty ; Impowred and Encouraged to apprehend , and bring Dead or Alive , some Ministers , with prices put upon their Heads , and to incarcerate all they could find , either at the Meetings , or suspected to be coming to or from them . Hence Prisons were filled ; some were sent to the Bass ; some Banished ; and many hundreds driven from their Dwellings , Outlawed , and Intercommuned . For Legalizing such Mischiess , the second Sess. of the second Parliament , Anno 1670. held by Lauderdale , made many wicked Laws , causes of many Grievances following . As Act 2. Ordaining all of every quality or sex , called to depone upon Oath their knowledge of such Meetings and Persons therein , to declare the same in all particulars interrogate , under the pains of Fining , Imprisonment , or Banishment , and Deportaion to the Indies , as the Council shall think fit : oblidging People thereby to betray their own Neighbours . Act 5. Declaring all outed Ministers , found Preaching or Praying , in any House except in and to their own Family , shall be Imprisoned , till they find Caution under the pain of 5000 Marks , not to do the like again ; and every Hearer shall be toties quoties fined , each Tennant in 25 Pounds Scots , each Cottar in 12 Pounds , &c. And that all that Preach in the Fields , or in any House where any of the People are without Doors , shall be punished with DEATH ; and any that shall seise and secure any of them , dead or alive , shall have 500 Marks reward . Act 6. Imposing most I yrannically exorbitant and grievous . Fines , upon any that shall offer their Children to be Baptized by any but Curats and Indulged Ministers ; which were afterwards , by Act 11. Sess. 3. Parl. 2. laid upon all who shall keep their Children Unbaptized , for Thirty dayes together . Act 9. Imposing intolerable Fines on all that shall three Sabbath dayes together withdraw themselves from their own Paroch Churches . Act 9. Sess ▪ 3. Declaring all Ordinations of Ministers , since the Year 1661. which have not been by Bishops , to be Null and Invalid ; and that they are no Ministers that are otherwise Ordained : encroaching hereby on the most Intrinsick and formally Ecclesiastick Powers of the Officers of Christs Kingdom . These wicked Acts were followed with cruel Executions , whereby many were made to endure such Havock , as harder could not be found in the Reign of Caligula or Nero , both in their own Houses , in Prisons , and at Sea in Deportations . Hereafter , thinking the ordinary Forces not cruel enough in executing these enacted Mischiefs , they brought from the wild Highlands a Host of 10 or 11000 Barbarous Savages , and poured them in upon the Westeren Shires ( all peaceable at the time , none so much as moving a Finger against them ) on design , as would seem , utterly to lay them desolate : with Orders to press a Bond of Conformity , wherein every Subscriber was bound , for himself and all under him , to frequent the Paroch Church , and never go to House or Field Meetings , nor reset any that went to them , but to informe against , pursue , and deliver up all outed Preachers to Judgement . Many Houses and Families were then left desolate . the Inhabitants being made to flee in the Winter Season : many left their Cattel , and in seeking to recover them lost their Lives . Yet the Innocent Country was made to pay for all this Service , and hire them to do more , by paying the imposed Cess , enacted and exacted professedly , by the Act of the Convention of Estates holden by Lauderdale , anno 1678. to raise and maintain more Forces , and to maintain the Supremacy as now Asserted and Established , and to suppress Field Meetings called Rendezvouses of Rebelion And , for the same Causes , and to suppress the Propagation of the Principles then suffered for , continued by Act 3. Parl. 3. held by the DUKE of York Commissioner . And by Act 12. Parl. 1. Iac. 7. holden by Queensberry , continued and prorogued , during all the Terms of his Lifetime : which , because of the Illegality of its imposition , the nature of its Exaction , being an Obedience to a wicked Law , a help to the Ungodly to make Havock of the Church , a hire to the Souldiers to destroy what remained of Religion and Liberty , and because of its ends so expresly Declared in the Narratives of the Acts , to suppress the persecuted Gospel and destroy its Followers , many Presbyterians durst not justify by Obedience , in paying the required Moyetie ; but chose rather to suffer joyfully the spoyling of their Goods , and all the force and fury they could exert against them . Whereby many tho' poor yet honest and honestly provided Families , were laid waste , and exposed to the Miseries of uncertain Wanderings . At length , upon occasion of Graham of Claverhouse , his assaulting a meeting near Loudoun-hill , carrying about with him a Minister and several Countrey men bound as Beasts , and getting a repulse in the rancounter with the meeting ; Another Insurrection , for our Lives , Liberties , and Religion , was undertaken , and discomfited at Bothwel-bridge , anno 1679 : and at the defeat several hundreds were killed on the Field , and 10. or 1100. were taken Prisoners , stript , and carried to Edinburgh , where , after two of our Ministers were martyred for that Appearance , Mr. Iohn King and Mr. Iohn Kid : And after the rest of the Prisoners were kept several weeks in a Church yard without a covert either from cold or heat in the open Air ; a bond was tendered , seeming to offer Life and Liberty , on terms that clearly condemned the cause , never to rise in Arms against the King , on any pretence whatsoever , &c. Which many took , and the rest of us that refused , and even many that did take it , were sent away in a Ship bound for America , between 2 and 300 in all : who were all murdered in the Ship , being shut up under the hatches , when it split upon a Rock in the North of Scotland , excepting 50 : some of which are yet alive to give this account . After this , the grand Design of subverting and utter everting our Reformation , tho' from the beginning of this Fatal Catastrophe projected , and by all the forementioned Methods prosecuted hitherto , was more and more discovered , and beyond all denial demonstrated , that nothing less was intended then the gradual introduction of Popery and Slavery , and that by all the ordinat Iesuitical Rules , observed in the seduction of Churches into the Roman Tyrannie : The chiefest of which have alwayes been to foment all Quarrels among Protestants , and to strengthen the Party readiest to comply , to make and execme rigorous Laws against the most tenacious , and to load the Protestant Opinions that are more obnoxious with all odious constructions . Accordingly in the first place , to propagate Defection and promote Division , a Proclamation was emitted anno 1679 inveighing against and resolutely interdicting all Field-meetings ; and granting Liberty to Preach in Houses upon terms of a cautionary Bond , binding and oblieging the People for their Ministers living peaceably , and in Order thereto to present him before his Majesties Privy Council , when they should be called so to do ; And in caise of falizie in not presenting him , to be lyable to the sum of 6000 merks . Yet excluding all these Ministers , who were suspect to have been at that insurrection of Bothwel ; And all those who should afterwards be admitted by Non conformed Ministers : Whereby those that durst not comply were exceedingly divided , and more easily destroyed . For their Courts of cruel Inquisition went by Circuit through the Country , pressing the Bond of Peace , denying the Principle and renouncing the Priviledge of Defensive Arms ; And taking up Portuous Rolls of all that were suspect to have been at Bothwel insurrection ; whereof they reputed all to be convict , who being summoned did not appear , or were delated by Oath super inquirendis to have been seen or heard to be in Armes , or did not go to the Kings Camp , about that time . Whereby , not only upon the account of that Appearance were many executed to the Death , by packing bloody Juries and Assises , as might conduce and be for their murdering ends , besides more than can be reckoned that were kept to perish in Prisons , or Deportations to Banishment ; But many Gentlemen and others were Indyted , Imprisoned , and some condemned to Death , others Forefaulted or Fyned above the value of their Estates , for having seen or spoken with some of those called Rebels ; or because they did not discover or apprehend them , even when they did not and could not know whether they were called or counted Rebels or not . And some poor People , when they could not be reached any way for this insurrection at Bothwell , nor any other overt Act or Transgression against even their wicked Laws , were condemned for their simple declared Opinion of it : Which the Council , and Court of Justiciarie , particularly Sir George Mackenzie Advocate , did extort from them by terrible menacings of Death and Torture . For , being interrogate , Whether the rysing at Bothwel-bridge was Rebellion , and a sin against GOD : Many , for saying it was not , yea , for not saying it was , and waving the Question , as reckoning themselves not oblieged to Answer , were cruelly condemned and executed , tho they declared and were known to be as free as the Child unborn of these Actions they were examined upon . In Fine , After our Patience had been long outwearied with insupportable Slavery , and under such intollerable Oppressions in our Consciences , Persons and Estates ; so universaly extended , that in the present circumstances we had more reason to hope , that past miseries , present Pressures , and future Dangers of greater Encroachments , then foreseen by all men that did not willingly shut their Eyes , should have incited and invited all , that had any regard to the great Interests of Religion and Liberty , to concur in an Essay to emancipate themselves and posterity from that Yoke of grassant & growing Tyrannie , Than to fear the condemnation of any under these Oppressions , or the clamour and out cry of those that were at ease against the Informality , Illegalily , Unseasonableness , or Unfealableness of such Revolt : We were Enduced and Enforced at length , when we could do no more to preserve what remained of these Interests , or save our Consciences innocent from all participation of the sin of the destroyer of them ; To declare for our parts a Revolt from , and disown Alleagiance to King Charles the Second , as being no longer to be accounted our Supreme Magistrate , but ipso jure devested of that Office and Trust , Reposed and Devolved on him by express Compact and Covenant : When he broke all these conditions , whereupon his Authority and our Alleagiance were founded ; in his utter violating and making void the Covenant and Coronation Oath , whereby our Subjection to him , limited to those provisions , was explicitely disingaged and remitted ; when he did unhinge and insringe all the Legal Establishments of our Religion ; and subverted all our Religious Liberties , by usurping a Blasphemous Sacrilegious Supremacy over Ecclesiastical Ordinances instituted by Christ ; And when now he had overturned all Fundamental constitutions of the State as well as the Church , subverting the Peoples Rights , Liberties , Laws , and all securities of our Life and Enjoyments whatsoever , by claiming and taking an Absolute Tyrannical Civil Prerogative , paramount to all Law , inconsistent either with the Freedom or Safety of the People : Whereby no shadow of Government was left , but Arbitrary Absoluteness , making the Kings Letter the Supreme Law of Scotland ; while Innocent and Honest People for Conscience were grievously oppressed , and Perjuries , Adulteries , Idolatries , and all Impieries , were not only Indemnified and past without punishment , but encouraged as Badges of Loyalty . For which causes , we openly proclaimed our Revolt from the Government as it was then Administrate . And in the same Declaration , we reckoned our selves oblieged to protest against the Reception of the Duke of York in Scotland ; And against his succeeding to the Crown , who was then declared incapable of Succession of the Government , by a Vote of the two Honourable Houses of the Parliament of England . For For owning , and not daring to disown , which Revolt , it is impossible to enumerate our Kinds and Degrees of Sufferings : for this we had our Ministers and Brethren Murdered , both in the Fields , and Scaffolds , and Prisons , and Seas ; Besides those that were slain at Airds-moss , where Bruce of Earleshall attacked us , and slew Mr. Richard Cameron a Faithful and Zealous Minister with many of our Brethren . After this it was generally imposed on Prisoners , even such as could not be charged with any Accession to the forementioned Declaration , to give an account of their Thoughts and Consciences about the Lawfulness of the Kings Authority : which if they could not own , or declined to declare their Thoughts , as judging it the common Interest of Mankind to plead for the Freedom of Thoughts from all humane Jurisdiction , or if any answered with such innocent Qualifications , as that they owned all Lawful Authority In the Lord , or , According to the Word of God ; then they were punished as Traitors , executed to the Death , and some at their first apprehending Tormented with Fire-matches , then laid in Irons , afterwards Tortured with the Boots or Thumbkins , and after all executed in a most Barbarous manner without suffering them to speak their dying Words for beating of Drums . Thus a great number of innocent People have been destroyed , without respect to Age or Sexe ; some meer Boyes have been for this hanged ; some stouping for Age ; some Women also hanged , and some Drowned , because they could not satisfy the Council , Justitiary Court , and the Souldiers , with their thoughts about the Goverment . In the Year 1681. the Duke of York , as Commissioner from his Brother , held a Parliament , ( Auspicated with the Blood of Mr. Donald Cargil a Godly and Faithful Minister , which was shed at the Cross of EDINBURGH , the day before the sitting down of the Parliament ) wherein he not only presided against all our Righteous Laws , that Make a Papist incapable of such a Trust , and against their own Laws , without taking the Oaths of Administration , but procured an Act to be made recognizing his Succession to the Crown notwithstanding all standing unrepealed Laws against papists : wherein also many Acts were contrived that have been great causes of the desolation and depopulation of the Country that ensued : As Act 4. dowbling the Fines imposed by former Laws for Fieid Conventicles ; And ordering Heretors and Masters to put away their Tennants , Cottars , or Servants , at any time of the Year without any warning or process of removing , notwithstanding of any Tacks or Terms to run ; And to retain their goods , &c. Act 18. Declaring , that all Jurisdiction doth so reside in his Majestie , that his Majesty may , by himself or any Commissionated by him , take Cognizance and Decision of any cases or causes he pleases . Hereby a foundation was laid for overturning all Civil and Criminal Justice , and for erecting the Tyranny of the Popish Inquisition , whensoever matters were ripe for it , and for commissionating Souldiers to take away the lives of Innocents , without all Process of Law , as was frequently exemplified afterward And Act 6. and 25. Framing and Imposing on all in Trust a detestable and self contradictory Test , which turned out of all places of Trust any that retained any measure of common Honesty . For explaining which , the late Earl of Argyle was arfaigned and condemned ; and escaping prison , forced to flee to forraign Lands : As many others , both Gentlemen and Commons were constrained to leave the Land ; where for multiplied , illegal , and ensnaring impositions , they could neither live like Men nor like Christians , but as Asses couching under all burdens . These and the like Acts , with many others Arbitrarly superadded Proclamations ( which have been multiplied every year beyond all reckoning , and stretching the designs of the Court beyond all Measures , no only of Legality , but of Humanity , expecting at the next Parliament to have them either justified or Indemnified and pardoned ) were with Tyrannous Rigor executed by Circuit Courts of Inquisition ( some way equally if not exceeding the Spanish , for illegality and inhumanity ) pressing Conformity , submission to Prelacy , Impossing , enslaving and ensnaring Oaths and Bonds , contradictory to Reason , and contrary to Religion ; and Oppressing of all Ranks , Qualities , and Vocations , with such Arbitrary Acts of Intercommunings , Finings , and other intollerable Impossitions , that they seemed to drive at no less than the overturning what remained undestroyed of Religion , Liberty , Law ; or Conscience in the Nation . For not only the Poorer sort were many wayes Oppressed , Plundered , Pillaged , Impoverished , and Destroyed ; but Gentlemen also were extremely vexed , for alledged converse with Intercommuned Sufferers , being Fore faulted , Fined , and incarcerate , till they should pay Summs , which neither they were obliged nor able to pay . And not only were the formerly persecuted Ministers , lurking in the Land , forced to leave it ; or Cited and Compeared at their Courts were Imprisoned : But even the Indulged Ministers , who by the Kings Supremacy were Authorized to Preach in Churches alloted to them , were as Arbitrarly Discharged , Summoned to their Circuits , and Imprisoned . Especially we , who durst not comply in less or more with any of their Impositions , nor own their Usurpations and Tyranny , whom therefore they represented in all their Edicts , as Enemies to all Government and Humane Society , were exposed to , and made to endure the utmost of their rage . Our Families were harassed , pillaged and laid waste , our Persons were intercommuned , driven out of our own and all other habitarions into the Wilderness , being interdicted of all Harbour , Supply , Comfort or Converse , by barbarous Edicts ; and incestantly pursued by numerous Forces , Horse , Foot , and Dragons powered into all parts of the Country , Impowered and Commissioned to plunder and pillage all houses where they heard we were seen ; And not only to search , hunt , & chase us through all Towns , Villages , Cottages , Woods , Moors , Mosses , and Mountains , forcing us us to flee to the remotest Recesses in the wildest Deserts ; But to Shoot , Hang , Drown , Murder , and make Havock of us , where ever they could apprehend us , without Tryal or Sentence . Proclamations one after another were Emitted , commanding all to raise the Hue and Cry after us , and not only to advertise the Souldiers , but to concur with them in pursuing us , and to seek us out of all our Dens and Caves in the most retired places of the Mountains , which we digged under ground , when we could not find a hiding place above the face of the Earth : Whence we were redacted to many incredible hardships and hazards , being exposed to the cold blasts of Winter , and the pinching straits of Hunger , when we could neither have Sustenance with us , nor durst we go abroad to seek it but in the peril of our Lives , and being forced to hide from Country People as well as Souldiers : Whence many of us could not escape falling into their bloody hands , who , in obedience to their murdering Mandates killed many instantly in the Fields ; And such as obtained the favour of being spared for execution upon Scaffolds , tho without any colourable shadow of a formal procedure , or were imprisoned , Tortured , or Banished to be Slaves , were thought to have been very mercifully dealt with . Whereupon , being driven to such a paraxisme of Danger and Despair , that neither , were we able to endure the extremities of inexpressible miseries then lying and growing upon us , nor had hope to escape in Humane probability the utter destruction intended , enacted , declared , and indefatigably pursued against us by our Enemies , the Popish , Prelatieal and Malignant faction ; When so many of us were daily taken and murdered , and the rest of us could neither escape by flight out of the Land , ( Orders being given to stop all passages by Sea and Land , and catch us wheresoever we could be deprehended making any such Essay ) nor by lurking and hiding in the Land , through the Vigilance and Diligence of Intelligencers , who were suborned and encouraged to use all endeavours to intrap and inform of us , wheresoever we could be heard of ; No other expedient was left under our Deliberation to try for preventing our utter extermination , than to publish , by affixing on the Church-doors in the night season , an Apologetick Declaration , avowing our Adherence to former Principles and Testimonies , and warning our Enemies to surcease from their wickedness and severity against us , under certifications that it should be revenged : Designing hereby mainly to restrain and deter these insolent Intelligencers . Hereupon followed a most violent Proclamation , Ordaining all that owned or refused to disown the Declaration , and the principles therein specified , should be execute to the Death ; Commanding all the Subjects to concur in the pursute of us ; And for their encouragement , offering 500 Merks for each of us ; Requiring also , that none presume to offer to travel in the Country without Testificates of their Loyalty , by taking the Oath of Abjuration , otherwise they should be holden as concurrers with us , and therefore that none shall be lodged without these Certificates . Hence the Trade and Commerce of the Countrey was much interrupted and prejudged , by prohibiting all to travel without a Pass in time of Peace . And to the reproach of all Order and Government : Hostlers and common Inn-keepers were made Judges impowered to impose Oaths upon all Passengers & Travellers , that their Passes were not forged and seigned . This Oath of Abjuration was pressed universally , on pain of Death , ( in some places from house to house ) upon Men and Women , Young and Old ; who were pressed upon the penalty of Death , without time to advise upon it , to give their judgement of the said Declaration , and of the Kings Authority ; which contributed very much to make it more and more questioned by many , and rediculous to all . Hence many of us that stood out and aloof from this complyance , were shot in the Fields ; some brought in Prisoners , Sentenced , and Executed all in one day ; and some early in the morning , that People might not be affected with the pitiful sight of such bloody severities ; Yea , sometimes the Spectators were commanded by Captain Graham in Edinburgh , to give their judgement , and declare their Opinion , whether they were justly put to Death or not . In process of time , the late King dying , and the Duke of York ascending the Throne ; It would have been thought , that such Revolutions then occurring would have required and produced some Cessation , Relaxation , or Relentment of our persecution : being in our selves , and in our persecutors esteem , persons of so mean a Figure in the World , scarce worthy to be the Object of the indignation of a new installed Prince ; And his late Proclamations would make the World believe , that the beginning of his Government had put an end to all these troubles upon the account of Conscience . But on the contrare , the Acts and Executions against us in a manner did then but begin to be cruel ; And all the power of the Forces was imployed to destroy us , so much already destroyed . For then , more cruelly than ever , not only the standing Forces , but another Host of savage Highlanders , inured to Rapine and Murder , brought from the North , were ordered and impowered to Act against us the greatest Barbarities , in butchering and slaughtering us in the Fields where ever we could be found , without all colour of Justice , only for not satisfying them in their impertinent as well as wicked impositions on the Conscience , or form of Law , even the worst of their own Laws . Accordingly some of us at Labour , same traveling in the Road , were cut off without pity ; Some surprised in Caves , and Murdered there ; without time given to Pray to God for Mercy ; some were taken first to Prison , then surprised with execution , without a Triall or definite sentence , not knowing when or if at all they should be execute ; Some had their Ears cutt , & then sentenced to be transported to Iamaica , and yet some of these were kept , and again sentenced with Death , and Executed : others were sent to an old ruinous Castle Denotter , and kept in Vaults , in such crouds and Numbers , that they had no room either to sit or lie , and so cruelly treated , as would make Savages blush to hear of it , and then banished to America , and in the Voyage about 60 died . But as those cruelties were Monstrnous for Illegality and Inhumanity ; so the ensuing Laws made in the first Parliament , Iames 7th . 1685. held by Queensberry Commissioner , Approving and Ratifying the same , do far exceed all former for unparalelled Attrociousness : As Act 3. Allowing Pannals already in prison , and indicted for Treason , to be cited on 24 houres . Act 4. Statuting , That such as being cited to be witnesses as in cases of Treason , Field or House Conventicles , do refuse to depone , they shall be lyable to be punished as guilty of these Crimes respectively , in which they refuse to be witnesses . Act 5. Declaring , That the giving or taking the National Covenant or the Solemn League and Covenant , or writing in Defence thereof , or owning of them as Lawful , or Obligatory on themselves or others , shall infer the crime and pains of Treason . Act 6. Declaring the usual procedure of Fyning Husbands for their Wives withdrawing from the Church , to have been Legal . Act 7. Statuting , That the concealing and not revealing of any supply given to such , as are Forefaulted for Treason ( to wit , the most innocent contending for the Covenants and Work of Reformation , against Popery , Prelacy , or Tyranny , and tho the supply should be given to their nearest Relations so foresaulted ) is Treason , and to be judged accordingly . Act 8 Statuting , That all that shall hereafter Preach at House or Field Conventicles , and all Hearers also at Field Conventicles shall be punished by Death and Confiscation . Act 13. Reinjoyning , and further extending the Imposition of the Self-contradictory Test. Act 17. Ratifying , Confirming , and Approving what hath been done by the Privy Council , Justiciary , or those commissionated by them , in Banishing , Imprisoning , and Fyning such as refused to take the Oath of Allegiance , ( which includes the blasphemous Supremacy ) with asserting the Prerogatives ; And under the same pains , Ordaining all Subjects so to take the said Oath when required . Act 23. Ratifying and Approving the Opinion of the Lords of Council and Session , adjudging it Treason to refuse the Oath of Abjuration , confirming all the illegality of procedure thereupon . Act 24. Statuting , That all Masters , Heretors , Liferenters , &c. shall insert in all Tacks to be set by them to their Tennants , in Burgh or Landwart , an express clause , oblieging the Tennant for his Wife and Family to Conformity , under exorbitant penalties . Act 25. Ratifying a Proclamation against us , as bearing the effect of an Act of Parliament ; Requiring all the Subjects , upon knowledge or information of any one or two or moe of us in any place , to give information thereof to the Chancellour , and to the nearest Commanders of the Forces , within the space of an hour at most for every three Miles distance , and all Sheriffs , &c. To call the Subjects to search and apprehend us ; And on our flight , to acquaint the Magistrates of the next Shire , and so from Shire of Shire , till we be apprehended , or expelled from the Realm ; with Certification , that whosoever fails in pursuing us whether Magistrats or Subjects , or in not giving timeous Information within the space forsaid , shall be held as Art and Part , and undergo the same Punishment with us . In which Act and Proclamation , we are called only 80 Runnagats , Traitors and Fugitives , tho` in pursuance of this cruel Edict , they have Multiplied that Number many times over and over , in imprisoning , banishing , and butchering our Dear Brethren ; And yet all the Prisons they could fill , and Shipt they could fraught with us , and Gibbets they could hang us on , could never either exhaust or lesson our Number : For the more we were afflicted the more we grew ; And the design to destroy us , by the mercy of our GOD counteracting it , proved alwayes a burdensome Stone to the Destroyers , and an help to the Destroyed . Yet tho they pretended to have us expelled out of the Realm , they shut up all possible access to attempting to depart out of it : For , as Forces were lying on each side the Borders to catch us if we should escape by Land , so they prevented all probability of going by Sea , by Act 27. of this same Parliament , Forbidding and Prohibiting all Masters of Ships to export any Passenger till he be brought before the next Magistrates : which none of us durst venture upon for fear of our Lives . This was an unhappy Specimen of the Kings Commenced Government , and a very unprecedented Policy of his Counselors , to reconcile male contented Subjects to a Loving and Consienciously Loyal Subjection to him , being in effect the same with the Advice of the Young men to Rehoboam , and productive of the same effect with that : When practically in their Acts and Actings it was declared to us , that whereas the former King had made our Yoke heavy ; This would add thereto : The former had chastised us with Whips , but he would chastise us with Scorpions : Whereof having felt the smart so sharply , we could not be easily induced to a kindly acknowledgment of Allegiance out of Conscience unto him , who came not in as a Father to rule us , but as a Lyon to devour us . Wherefore , tho much pressed by all the Tyrannical force , that could be exercised to enslave us under that Yoke , or destroy us for refusing , we could not in Conscience own or acknowledge his Lawful Authority . And in pressing it they gained little , after all the blood they shed on Scaffolds and Fields upon this account , but to ridicule the Government , and make it more contemptible , when they required every poor Lad & Lass in the Country to give their Opinion of the Government , a Question very unusual to be proposed to private Subjects . Men really invested with Authority do think , their Laws and Power to execute them on Offenders may well enough secure the Peoples subjection , and will disdain such a suspicion of the questionablenss of their Authority , as to make it a Question to the Subjects : The more it was made a Question to us , the more it became questioned and suspected : And the more we were made to enquire into it , the further we were from deprehending or recognoscing in him either the Characters or Constitution of a Magistrate to be owned . We considered the many righteous Laws , established by our worthy Ancestors , for the preservation of the True Religion and Liberties of the Kingdom , insert in the National Covenant ( which every Soul in the Kingdom under the Bond of that Covenant , is bound , to maintain according to their Capacities ; ) As Act 8 Parl. 1. King Ia : 6 : repeated and ratified in many Acts afterwards , expresly providing and ordaining , that all Kings and Princes , at their Coronation and Reception of their Princely Authority , shall make their faithful promise by Oath , and that they shall profess and maintain the Protestant Religion , and shall abolish and gainstand all false Religion contrary the same , and shall rule according to Law , &c. Which Oath of Coronation he did not take , would not take , could not take , while a Papist ; and therefore we could not look on him as our King by Law. We considered likewise , that in our Covenants the Allegiance that we must own to the King is expresly limited and qualified thus , In the preservation and defence of the True Rellgion , Liberties , and Laws of the Kingdom : Of which Qualification , Allegiance to him , a destroyer of Religion and Liberty , is nor capable . We remembred the Principles and Sentiments of our Fathers upon the Admission of King Charles 2. to the exercise of his Royal Power , Declared in their seasonable and necessary Warning , Gen : Assem . Iuly 27 : Sess : 27 : 1649. Wherein they tell us , That a boundless and illimited Power is to be acknowledged in no King nor Magistrate ; that there is a mutual Stipulation and Obligation between the King and the People , as both of them are tyed to GOD , so each of them are tyed to one another : Accordingly Kings are to take the Oath of Coronation , to abolish Popery and maintain the Protestant Religion : As long therefore as the King refuses to Engage and Obliege himself for security of Religion , and safety ; of his People it is consonant to Scripture and Reason and Laws of the Kingdom , that he should be refused : And that in the Covenant , the Duty of owning the King is subordinate to the Duty of preserving Religion and Liberty . And therefore , without security of these , it were a manifest breach of Govenant , and a preferring the Kings Interest to the Interest of Christ , to bring him to the exercise of his power . And consequently , for us to give such a consent to it , as such an owning of him as required would amount to . Accordingly also the Commission of the General Assembly in their Act of the West-Kirk , Declared , They would not own the King nor his Interest , otherwise than with a subordination to GOD , and so far as he should own and prosecute the Cause of GOD , and disclaim his and his Fathers opposition to the Work of GOD and the Covenant . We called to mind likewise , what our Renowned Reformers gave out , as the case of their Revolt from the Government of Mary Qu : Dowager , anno 1559. her persecuting the Professors of the True Religion , and oppressing the Liberties of the True Lieges , her intruding of Magistrates against all Order of Election , her Adultering and Subverting the Old Laws of the Realm , &c. Which all Men know were as applicable to King Iames 7th : as to her : And therefore we had their Reason to obliege us , and their example to encourage us to say with them ; We own and promise to our Lawful Soveraign all due Obedience , provided we may have our Religion and Liberty secured , without which we firmely purpose never to be subject to Mortal Man. For which and many other Reasons , we reckoned our selves under Obligations to decline the imposed owning of his Authority ; and took the opportunity in the time of the Expedition of the Earl of Argyle against him , to Publish in a Declaration our Reasons why we could not acknowledge it . In the mean time , the late Earl of Argyle , with some other Noblemen and Gentlemen , Associating with the Duke of Munmouth , to essay some Diversion and Opposition to the Kings designs , of advancing and establing Tyrannie and Popery : All the Forces , Militia Troups and Companies , and the whole Army of Heretors were powred in upon those Places of the Kingdom , where most of us were sojourning . Who , besides all the blood shed upon the account of that Expedition , the Blood of the Earle himself , and others of both Nations engaged with him , and many of his Wassalls in the Highlands cruely put to Death by the Marq. of Athol , had in Commission , and put in execution the Bloodiest Orders we think readily Men could ever receive or obey . The greatest employment , that that great Army had in hand and in heart , was to wreck and exert all their fury and force upon the poor Mountain-Men as they called us : Which they did by ranging and spreading themselves many miles in breadth , every one within sight of another , and searching for us through all the Rocks , Woods , Mountains , and Mosses of the Country , where we were hiding , with such Vigore , Violence , and dilligence , as if they had been hunting for Hares or Foxes . And the greatest ambition and emulation of their Leaders and Champions , Graham of Claver-house , & Liev. Gen. Douglas Brother to the Duke of Queensberry , Col. Buchan , with others of their inferiour Officers , Maj. Balfour , Liev. Creightoun , and Liev. Livingstoun , &c. was , who should be most skilful and succesfull in destroying us . And all this , for no other Cause , then because we could not Answer to their satisfaction the Questions they proposed , without any warrant of Law , and against the Common Interest of Mankind , which frees all Men from being obliged to discover their secret thoughts ; Namely because we could not obtain of our Consciences to declare that we would own and acknowledge that Authority which enacted , and by which they acted , all these mischiefs . Yet , to the commendation of GODS Clemency , and condemnation of Mens cruelty , we may say , when they had shot all their bolts , after they had hanged , shot , tortured , or banished for slaves , all they could catch of us , they were further from their purpose than when they began ; our Numbers and Mettings for Gospel ordinances , Administrated in Purity and power , encreased more and more . But at length , tho' our Persecution continued , the King was pleased to change his Methods with other Dissenters . He multiplied many Favours to such of them as he called Moderate : And , by these means intending to advance the Mysterie of iniquity , by stoping the mouths , and binding up the hands of all from whom he might expect Control or Contradiction , and laying them by from all open opposition to the introduction of Poperie and advancement of Slaverie , he purposed and proposed the repealing of the Penal Statutes against Papists , at the Parliament held by the Earl of Murray : Against which , when afterwards some of the Common sort of people , and of the Souldiers , spoke some what freely , and for shewing their dislike of setting up the Idolatrous Mass , and for speaking against Poperie , and the designs of the King , they were put to Death in a most Despotical and Arbitrary manner . The Persecution the mean while still continuing against us , and growing more dangerous , and worse to bear that we had all the brunt of it to sustain ; while the Forces had few other to Persecute but us : which they did in great fury , murdering in Fields and Scaffolds , such as they could catch of us . At length , what could not be obtained by Law , at the formentioned Parliament for taking off the Penal Statutes , was effectuate by Prerogative , in a Proclamation , Feb : 12 : 1687. Granting , by the Kings Soveraign Authority , Prerogative Royal , and Absolute Power , which Subjects are to obey without Reserve ; a Toleration , under certain conditions , Restrictions , and Limitations , to all sorts of Perswasions , excepting us who are left to the full vigor and utmost rigor of the Laws made against us : Suspending , Stoping and Disabling all Laws , or Acts of Parliament , customs or constitutions against any Roman Catholick Subjects ; giving them freedom in all respects , as much as any Prtoestant Subjects , whatsoever , not only to Exercise their Religion , but to enjoy all Offices , Benefices , &c. which he shall think fit to bestow upon them in all time coming . Hence Papists were put into places of highest Trust , both Civil and Military : And Popish Magistrates without any Election established in Burghs , &c. contrare to the known Laws of the Kingdom , admitting none to be Magistrates , or so much as a Procutator , Notar , or member of Court , who professes not the Protestant Religion , Act 9. Parl : 1. Iames 6. Declaring all Papists infamous , and unable to sit or stand in Judgment , pursue , bear Office , or to be admitted as proves , Witness , or Assisors against Protestants . Act 45 : Parl : 3 : Iames 6 : which is extended to all and whatsomever Office , without any Exception or Restriction in all time coming . Act 5 : Parl : 20 : Iames 6 : Hence also the Idolatrous Mass was set up in the most publick places of the Kingdom ; and Popish Seminary Priests suffered and encouraged to preach , and set up Schools , to seduce the People , especially the Youth : contrate to many express standing Laws , Act 3 : Parl : 1 : Iames 6 : and Act 5 : ibid : Ordaining all layers or hearers of Mass to be punished , with imprisonment for the first fault , banishment for the second , and justifying to the Death for the third fault . Act 122 : Iarl : 12 : K : Iames 6 : Decerning , That , in all time coming , the saying of Mass , resetting of Jesuites , Seminary Priests , Traffiquing Papists , shall be just cause to infer the pain and crime of Treason . Act 196 : Parl : 14 : Iames 6 : Ordaining in all time coming , all wilfull hearers of Mass , and concealers of the same , be execute to the Death : Ratified in the 1 Act. Parl. 19. Iac. 6. And in 5. Act. Parl : 20 : Iac : 6. Hence Papists have erected Schools , and made , sold , and dispersed their Heretical Books , tending to seduce the People from the true Religion : contrary to express Laws , Act. 106. Parl : 7 : Iac : 6 : Act 24 , and 25 : Parl : 11 : I : 6. This Popish Toleration , was neither extended to us ; all the three Proclamations thereof expresly providing , that Field Conventicles , & all Preachers and Hearers thereat , be prosecuted according to the utmost Severity and Rigor of the Lawes made against them , left in their full Force and Vigor , with a Command to all Judges , Magistrates and Officers of ●orces , to pursue us with all Violence ; Nor could we in Conscience and Duty , directly or indirectly , suffer our selves to be involved , by any participation therewith or acceptance thereof , in the sin of it against the Laws of GOD and Man : Since it appeared evidently to flow from a Blasphemous fountain of Absolute Power ; through a Treasonable Channel of stoping , Suspending , and disabling the Penal Statutes made against the Enemies of GOD , and of the Kingdom ; and to be designed for the wicked ends of subverting the Protestant Religion , and the peaceable introduction of Popish Idolatrie and Heresie ; And to offer , not the establishment of our Religion , but the Tolerating of it , under the scandalous notion of a thing to be suffered for a while ; and with such shameful securities , as robbed the Church of all her Legal Charters of Laws and Covenants establishing her Reformation , leaving her nothing in lieu thereof but a blind precarious promise of One , whose principles oblieged him to keen no Faith with those to whom he promised it . But against all these indignities done to Christ , and injuries to the Church , intended and effected by this Toleration , our Ministers thought themselves oblieged to bear witness and Testimony : And with respect both to necessity and duty , to continue to keep their Meetings in the open Fields , whether the Tyranny of the times had driven them : Since they durst neither seem to Homologate the Toleration , by coming under the sconce of such a protection ; Nor durst they give such advantage to such as were insatiably thirsting after their Blood , and were impowered to shed it , as they were seeking and would have found , if they had shut up themselves within houses , that could neither hold their Friends , nor be hid from their Enemies . This we looked upon as a Testimony , for the interest of the Protestant Religion , for our Covenanted Reformation , for the Laws & Liberties of our Country , all undermined and sought to be subverted by that Toleration . In the prosecution of this Device , when others were killed with Popish kindnesses , we were left to feell the sweet effects of Popish Crueltie . Some of our Bretheren were Murdered in Fields and Scaffolds , since that pretended Toleration ; Many both Men and Women have been banished and Sold for Slaves in Barbados : Other severe Proclamations were issued against our Ministers , Intercommuning , & seting a pryce upon their Heads , to encourage all to apprehend them Dead or alive : One of them , Mr. Iames Renwick a painful Minister being Feb. 1688. was Executed to the Death in Edinburgh , the Drums beating all the time of his Praying and speaking upon the Scaffold . And after this , not only was the Country oppressed with Souldiers , free quarterings , and frighted with their searches , and Insolences in their ryding up and down the Country , challenging peaceable Travellers upon the Road , about their Opinions of the Kings Authority , and if this and that was Rebellion ; and threatning present Death to such as did not satisfie them : But the City of Edinburgh vexed with universal searches , and the impositions of these impertinences , whereby many were taken and examined by Claver-house , who required them to renounce the Covenant , imprisoned the Recusants ; Whereby the Prisons were crouded : And yet , notwithstanding of an Indemnity , October 2 : 1688 alledged as ample as Absolute Power could make it , tho not expresly excluded , they were detained Prisoners until the Report of his Highness the Prince of Orange , now King of Brittain his prevailing , and fear of his Victorious Arms did move them not to keep any longer any that might be evidences and Witnesses of their Arbitrary cruelty . As the same reason also it seems did constrain them , to take down and bury the heads of those they murdered , for fear lest these monuments of their cruelty standing , might occasion the Question to be moved , by whom and for what they were set up ? Than which nothing shall be more confounding to them , when inquisition shall be made for blood . Thus these Enemies of the Country , the encroaching Privy Council , and the Prelates in special , now universally contemned since the Toleration , were going on in their Designs to enslave the Nation , and to prevent and suppress all Essayes to retrive or revive any hopes of recovering any Liberty ; Multiplying their searches , not only for us , but for any that were suspected to favour their present Majesties Cause , and undertaking , so soon as it began to be surmised here ; and laying up in irons and closs prison some Gentlemen , upon suspicion of their being privy to it . And , as soon as they had certain intelligence of King William his great and generous Resolutions , in order to the Restauration and Preservation of Religion , Laws , and Liberties , in these three Kingdoms , They made such vigorous preparations for opposition , and issued out such virulent Proclamations inveighing against his Highness , under such severities of certifications , requiring all from 60 : to 16 : to concur under their displayed Banner for Arbitrary Government , as if they had feared an Invasion from Turks or Tartars . Yet in the mean time , tho there were suspicions then , and discoveries since , of an intended Popish Massacre , they disarmed the Western Shires , and sent Orders to the Officers of Forces , especially imploying such as were professedly Popish , to go through the Country , and take all their Armes , leaving them nothing to defend themselves withal , and causing the People to swear that they had no other Armes than such as they got . And in their march , meeting with some of our number , they threatned to shoot them presently if they would not own King Iames , pray for him , and for confusion to all his Enemies : which they refusing at first were appointed to be shot , and had their faces covered with Napkins , and with great difficulty escaped by complying . By the former Summary and abridged Abstract and compendious Deduction of our many and manifold Grievances ( the Truth whereof can be evidenced by many demonstrative Evidences ) it may appear what have been our sufferiugs since that fatal Revolution , anno 1660 : from the Popish , Prelatical , and Malignant Party ; and what have been their Attempts , Machins , and Methods to overturn our Religion , Laws , and Liberties , and subject us to meer Arbitrary and Absolute Tyrannie ; At least what have been their capital Devices , whereby they have ruined and sought to raze us ; And what have been the principal causes and kinds of our Sufferings , in their prosecuting the same : The particular Relation of which , so far as can be collected , is intended ( GOD willing ) afterwards in due season to be published . Only here it may not be inconvenient to subjoyn , by way of specimen , a short Recapitulation in bulk of some instances of our several kinds of Sufferings , with a touch at some of the most principal Instruments thereof in the five Western Shires First , For Fines , and other Exorbitant and Illegal Exactions of Money , the particular summs cannot be here enumerated ; but their vastness , when together calculate , may be easily collected by the scraps already gathered , of some poor Families of Farmers , Cottars , Servants , &c. and many of these omitted , or not known , which would very considerably augment the summ ) in some few Shires ; viz. Clidsdale , Renfrew , Air , Galloway , Nithsdale , and Annandale , only for but a few years , to wit , since Bothwel bridge insurrection , amounting to above 288000. pounds Scots Money . Besides the many honest Families , which have been casten out of their houses , harassed and spoiled of their All : Some of their houses being thrown down , some Burnt , some shut up , their goods and moveables seized upon , their Crop and Cattel also disposed of , at the will of their Persecuters , in the forementioned Shires amounting to above 200 : of all which we have a particular account in readiness to instruct . The immediate Authors , Actors , and Instruments of these oppressions , were principally the Curates instigating the Privy Council , which impowered the Forces , and Noblemen and Gentlemen of the Country , to prey upon the poor People . All cannot be here expressed , but some of the most noted in the Western Shires shall be named , who were the greatest Persecuters and Oppressors by Finings and other Exactions . Of Officers of the Forces . Col. Dowglas , now Liev : Gen. Dowglas , Brother to the Duke of Queensberry , exacted above 2000 Pounds Scots Money , in Galloway , Nithsdale , Shire of Aire , and other Places . Liev. Gen. Drumond , besides the Forefaultries of Gentlemen , did also exact moneys of the poor in the Shire of Air. The Earl of Lithgow , and his Souldiers , spoiled much in Galloway . The Earl of Airly , and his Troup , in the same Shire The Lord Balearras , a great Oppressor in Galloway , besides all the Robberies he committed in Fife . — Graham of Claverhouse , afterwards Viscount of Dundee , with his Brother , and subaltern Officers in Galloway , Nithsdale , and Anandale , exacted by Fines and otherwise , above 13500 : pounds Scots money . Col : Buchan , a most violent persecuter , in Galloway and Shire of Air , by Robberies took from the People upwards of 4000 : pounds Scots . Major Cockburn , a great oppressor in Galloway . Major White , in Clidsdale and shire of Air , exacted by Fines and otherwise , above 2500. p : Scots . Major Balfour , now called Liev : Col ; Balfour , a great persecuter and Oppressor in Clidsdale . Captain Strauchan , with his Troup , oppressed and spoiled much in Galloway , & other places . Captain Inglis with his Troup , did dispossess many Families , and got much spoil in Galloway , shire of Air , and Clidsdale . Captain Dowglas , in Galloway , committed much outrage and spoil . Captain Dalzel , harassed much in Anandale . Captain Bruce in Nithsdale . — Meldrum in Clidsdale , in several Inroads uplifted from poor Families upwards of 2300 Pounds ; besides the vast summes he exacted in Mers and Tiviotdale ; with the Earle of Hume , Ker of Gradown , Laird of Hayning , and Blindlee ; and in Tweddale , with the Laird of Possa , all great Persecuters . Liv. Winram , in Galloway , a very vigilant Persecuter and Spoyler . Liev. Barns also , in the same Shire took much Spoyl . Liev. Iohn Living stoun , a most violent Persecuter and Exacter . Liev. Lauder , in the Shire of Air , a most outragious Persecuter and Oppressor . — Bonshaw , a Borderer , a High-way Man , afterwards an Officer of Dragoons , robbed much from the poor People in Clidsdale . Duncan Grant , a Creple with a Tree Leg , a very outragious Persecuter , exacted in Clidsdale from poor People , above 1500 pounds . Of Noblemen , Gentlemen , and Others , in the above-mentioned Shires , the greatest Oppressors and Persecuters of the people , were ; In Clidsdale . — Sommervail , of Spittel Sheriff de . pute . who , besides his other wayes of Persecution wherein he was most Active , drew from the poorest People above 1200 pounds . The Laird of Halyards , who uplifted more then 8500 pounds . The Laird of Lachop , a great Persecuter and Oppressor . The Laird of Bonnytown , and Laird Symme , both violent Persecuters and Exactors . In the City of Glasgow , Provest Iohnston , Prov. Barns , Bail. Iohn Anderson , Bail : Yuil , Bail. Graham , William Sterling Baron Baylif , great Persecuters , exacted above 20000 pounds . In Renfrew . The Earl of Glencairn , by Fines and dispossessing of Families , exacted , partly there , and partly in Clidsdale and Nidsdale , above 2400 pounds . Lord Semple a Papist , a persecuter . Alexander Hume in Eglshome , a most violent and vigilant Persecuter and Exactor , with many others . Mr. Ezechiel Montgomery a great Fine-Monger . In the Shire of Air The Earle of Drumfries , exacted above 1000 : pounds . The Lord Craigy , a great persecuter and oppressor . William Creighton Sheriff depute very violent and active . Crawford of Ardmillan , a wicked persecuter and spoiler . Mr. William Crawford , Montgomery of Bozland , Laird of Broyche , Clark Ogilbie , all great persecuters , who sought to make themselves up with the spoils of the poor people . In Galloway . The Laird of Lag Grierson , a most wicked persecuter there , and in Nithisdale , exacted above 1200 : pounds . The Laird of Elie , Lidderdale , and Canon of Merdrogat , all diligent persecuters and Intelligencers , together with the then Collectors . In Nithsdale . The Duke of Queensberry and his Sons oppressed much . Iohn Alison Chamberlain to the Duke of Queensberry , who when dying , said , He had damned his Soul for the Duke his Master . And George Charters , another of the Dukes Factors , who vaunted , he had made 26 : journeys in one year in pursuite of the Whiggs . Iohn Dowglas of Sten-house , a Papist , exacted above 5000 : p : The Laird of Closburn , above 700 : pounds . Sir Robert Dalzel , upward of 400 : p : of a few poor Families . Sir Robert Lawrie of Maxweltoun , an oppressor and persecuter . In Anandale . The Lord Anandale , dispossessed and harassed many Families , and persecuted much in Galloway . The Laird of Westerhall , a great Per : exacted upwards of 1000 : p : Sir Patrick Maxwel of Sprinkell a very active and violent persecuter and oppressor . The Lairds of Powdeen , Castlemilk , Robert Caruthers of Ramaskells , Thomas Kennedy of Heybeiths , most violent persecuters of poor People . The Summes here charged upon these Gentlemen , are collected from the Minutes the Writer had by him , which he is certain are computed within the extent of the several Summes . The rest here named did also extort Considerable Summes , to their own gain and the poor Peoples loss ; but because the forsaid Minuts do not give a Particular account of the Quotas therefore they are not supplied . Next for the Forefaulted Gentlemen and Heretors , we shall not meddle with them : Hoping they shall give a good account of themselves . And as for the number of such as have been forced to a Voluntary Exile to Forreign Countries , we think it Impossible to come to any reckoning of them : Nor of these that have been Imprisoned these 30. Years for Nonconformity , of whom it cannot be told how many have died in Prison , or contracted their Death in Prison , which spedily did follow upon their Liberation . Nor of the many extorted vast Sums , and Robberies of prisoners by Iaylors . Of the Banished , deported into other Countries , for the Cause of Adhering to the Covenant and Work of Reformation , it may suffice to give this account Besides the 6. or 7. Ministers that were banished , and went to Holland : and 7. or 8. Country People to France ; Several others to Barbados , before Pentland . Since the Year 1678. there have been banished and sent away Slaves , of Men and Women , for the same Cause , 700. viz. anno . 1678. To Virginia , 60. whereof 3. or 4. were Ministers , who were all by the Mercy of God delivered at London . Anno. 1679. Of the Prisoners taken at Bothwel , were banished to America , 250 : who were taken away by Paterson Merchant in Leith , that transacted for them with Provost Milns , Laird of Barntown ; the Man that first did burn the Covenant ; whereof 200 : were drowned by Shipwrack , being shut up within the hatches , 50 escaped . Afterwards were banished to Flanders , 7. men . Thereafter were taken away in Banishment , by one Robert Maloch , 14. men . Then by Walter Gibson , Late Provest in Glasgow , to Corolina 30. Anno. 1685. in the time of Queensberries Parliament of Men and Women were sent to Iamaica 200. That same Year , of the Prisoners in Dinotter with others were taken away by Pitlochie , to Newgersie 100. whereof 24. were Women . That same Year , 13. more were sent to Barbados . Anno. 1687. after the Toleration 21. Men and Women were sent to Barbados . As for the Number of the slain at the several Skirmages at Pentland Bothuel , Airdsmoss , &c. They amount too about 400. and some odds . The Number of such as have been executed to Death on Scaffolds , under collour of Law , from Mr. Iames Gutherie the first , to Mr. Iames Renwick , is about 140 , whereof some were Women . The list of those that were killed in cold Blood , without Tryal , Conviction , or any colour of Law , by the persons under written , followeth . Omitting the account of Finlay , murdered by General Dalzels orders at Air , because he could not discover who was at the appearance at Pentland , in the year 1666 ; And of Iames Davie in Bathgate paroch , and several others , at several times , in several places , whose blood was mingled with their sacrifice at Sermons in the Fields , before Bothwel-bridge ; And of Thomas Ker of Heyhope , brother to the Laird of Cherrie trees , who was forced to flee for shelter into the English Borders , and there killed by Col : Struthers , anno 1678 ; And of Henry Hall of Haughead , apprehended at Queensferrie by Midletoun Governour of Blackness , and after several wounds , at length knocked on the head by Tho : George Waiter at Queensferrie . A short hint of those that have been Murdered since the Year 1682. may suffce . Iohn Graham of Claver house , Viscount of Dundee , in the Year 1682. with a party of his Troup , pursued William Graham in the parish of in Galloway , making his escape from his Mothers house , and overtaking him , instantly shot him dead . Item , The said Claver house , together with the Earl of Dumbarton , and Liev : Gen : Dowglas , caused Peter Gillis , Iohn Bryce , Thomas Young , ( who was taken by the Laird of Lee , ) William Fiddison , and Iohn Buiening , to be put to Death upon a Gibbet , without Legal Tryal or Sentence , suffering them neither to have a Bible , nor to pray before they died , at Mauchlin , anno 1685. Item , The said Claverhouse coming to Galloway , in answer to the Viscount of Kenmures Letter , with a small party surprised Robert Stuart , Iohn Grier , Robert Ferguson , and another , and instantly shot them dead , at the water of Dee , in Gallaway , December 1684. Their Corps being buried , were at his command raised again . Item , The said Claverhouse in May , 1685 : apprehended Iohn Broun in priest-hill , in the parish of Moorkirk , in the Shire of Air , being at his work , about his own house , and shot him dead before his own door , in presence of his Wife . Item . the said Claverhouse Authorised his Troop to kill Matthew Mckel wrath , without any Examination , in the Paroch of Camonel in Carrick , Anno 1685. Col. Iames Douglass , now Liev. General , Brother to the Duke of Queensberry , together with Liev : Iohn Livingston , and a Party with them , surprised 5 : men in a Cave at Inglestoun , in the parish of Glencarn , being betrayed by Andrew Watson now prisoner in Drumfreis ; their names were Iohn Gibson , Robert Grierson , Robert Mitchel , Iames Bennoch , and Iohn Edgar , all which were at the command of the said Col : Dowglas brought forth & immediately shot dead , without giving them so much time as to recommend their Souls unto GOD. One Iohn Ferguson , sometimes a profest Friend , thrust one of them through ; supposing he was not dead : This was done in the Year , 1685. Item , the said Col : Iames Douglas and his party , shot to Death Iohn Hunter for no alledged Cause , but running out from the house at Corchead , the same year , 1685. Item , The said Col : or Liev : Gen : Iames Dowglas , with Liev : Livingston , and Coronet Iames Dowglas , surprised six Men at Prayer at the Calduns , in the parish of Minigaf ; viz : Iames Dun , Robert Dun , Andrew Mickale , Thomas Stevenson , Iohn Macklude and Iohn Stevenson , in Ianuary 1685. Item , The said Col : or Liev : Gen : Iames Dowglas caused take Adam Macquhan out of his bed , sick of a Fever , and carry him to Newtoun of Galloway , and the next day shot him dead , the foresaid year , 1685. Item , The said Col : or Liev : Gen : Dowglas commanded Thomas Richard , an old Man of 70 : years , to be shot in the time of prayer ; ( he was betrayed and taken by Peter Ingles ) anno 1685. at Cumnock in Kyle . Item , The said Col : or Liev : Gen : Iames Dowglas , together with the Laird of Lag , and Capt : Winram , most illegally condemned , and most inhumanely drowned at Stakes within the Sea-mark , two Women at Wigtoun ; viz : Margaret Lauchlan , upward of 60 : years and Margaret Wilson , about 20 : years of age , the foresaid fatal year , 1685. Captain Dowglas finding one Mowat , a Taylor , meerly because he had some pieces of lead belonging to his Trade , took him , and without any further trial shot him dead , between Fleet and Dee in Galloway . Item , The said Captain Dowglas and his Men finding one Auchenleck , a deaf man , for not making answer , through defect of his hearing , instantly shot him dead off Horseback , near Carlinwark , anno 1685. Sir Robert Dalzel and Liev : Stratoun , having apprehended Daniel Mackmichel , and detained him 24 hours Prisoner , took him out and shot him at Dalveen , in the parish of Durisdeer in Nithsdale , Ian : 1685 : Item , The said Captain Dalzel , and Liev : Stratoun , with their men , found William Adam hiding in a Bush , and instantly killed him , at the Walwood in Kyle , Feb : 1685. Captain Bruce , Capt : of Dragoons apprehended Iames Kirko , at the intelligence of one Iames Wright , carried him to Drumfreis , detained him prisoner one night , next day brought him forth to the watersands , and without any process , shot him dead . The dying Man desired a little time to make his peace with GOD ; The Captain answered , oftner than once or twice , Devil a peace ye get more made up . Some Gentlewomen coming to beg his Life , were hindred by one Iohn Craik of Stewartoun ; the foresaid Dalzells 2d . son was one of them that shot him , tho without command , Iune 1685. Item , The said Captain Bruce surprised in the Fields , and instantly shot three Men in the parish of Kirk-patrick in Galloway , viz. Iohn Wallace , Edgar , and another , Feb. 1685. Item . The said Captain Bruce and his Men , took out of his bed Thomas Mckhaffie , sick of a Feaver and shot him instantly , in the Paroch of Strat●un in Carrick , Ian. 1686. Iames Dowglass Coronet of Dragoons , commanded to shot Iohn Semple , Eslaying to escape out of his Window , in the Paroch of Dellie , Anno 1685. Kilkerron shot him . Item . The said Coronet Douglass Apprehended Edward Mckcen , and by search finding a Flint stone upon him , presently shot him , without any further Tryal , Feb : 1685. Liev. Gen. Drummond commanded without any Process or Tryal Iohn Murchie , and Daniel Mckilwrick , to be immediatly shot , after they were taken , in the Paroch of Camonel in Carrick , Anno , 1685. At the same time , his Souldiers did shoot dead Alex. Lin. Captain Inglis , and his Dragoons pursued and killed Iames Smith , at the Burn of Ann in Kyle , 1684. Peter Inglis his Son , killed one Iohn Smith in Cunningham , 1685. Item . The said Peter or Patrick Inglis killed one Iames White , struck off his head with an Ax , brought it to Newmills , and plaid at the Foot ball with it , he killed him at Little-black wood , the foresaid year , 1685. Item . The said Peter Inglis shot Iohn Barrie , with his Pass in his hand , in Evandale , April , 1685. Major Balfour , together with Captain Maitland and their Party , Apprehended at their Work , Robert Tam , Iohn Vrie , and Tho : Cook , and instantly shot them . at Pomadee , near Glasgow , May , 1685. Col. Buchan , with the Laird of Lee , and their men shot Iohn Smith , in the Paroch of Lesmahago , Feb : 1685. Liev : Lauder shot to death William Shillilaw , at the Wood head in the Water of Air , Anno , 1685. Liev : Nisbet and his Party shot to death Iohn Ferguson , George Whiteburn , and Patrick Gemmil in the parish of Finnick , in the said year , 1685. Liev. Murray , now Prisoner in Edin . with his party , Shot one Iohn Broun , after quarters given at Blackwood in Clidsdale , Mar. 1685 , Liev. Crichton , now prisoner in Edinburgh , did most barbarously after Quarters , shoot David Steel , in the parish of Lesmahego , Decem : 1686. The Laird of Stenhouse , Sir Kobert Laurie of Maxueltoun and Iohn Craik of Stewartoun , did instigate and urge Coronet Bailie his party of Dragoons to shot William Smith in Hill , after he had been prisoner one night ( it was the day of Maxueltouns daughters Marriage , ) who also refused to let him be buried in the Church-yeard . Sir Iames Iohnstoun of Westerhall , caused apprehend Andrew Hislop in the parish of Hutton in Anandale delivered him up to Claverhouse , and never rested untill he got him shot by Claverhouse his Troupers ; Claverhouse would have delayed it , but Westerhall was so urgent , that Claverhouse was heard say , This Mans blood shall be upon Westerhall , May 1685. Sir Robert Grierson of Lag , having the command of a part of Claverhouses Troop & Strauchans Dragoons , surprised Io. Bell of Whiteside , David Haliday portioner of Mayfield , Andrew Macrabeit , Iames Clement , and Robert Lennox of Irlintoun , and barbarously killed them after Quarters , without time allowed to pray ; when Iohn Bell of Whiteside begged a little time to pray , Lag answered , What Devil have you been doing ? Have you not prayed enough these many years in the hills ? and so shot him presently in the parish of Tongland in Galloway , Febr. 1685. Item , The said Laird of Lag having Alexander Mellubie and Iohn Gordon Prisoners , at the Miltoun of Orr , without any Assiise or Tryal , caused them to be hanged on a tree at the Kirk of Irongray , and there left them hanging . Item the said Laird of Lagg , with the Earle of Anandale , having Command of some Troups of Heretors , pursued another David Halyday and George Short , and apprehended and shot them , under the cloud of Night , in the Paroch of Wynhame in Galloway , Anno , 1685. The Laird of Culyean , for that time Captain of a Troup of Militiae and Heretors , killed William Mckergur at Blairquhan Milne , Anno , 1685. Item the Laird of Culyean , with the Laird of Ballochmilne , shott Gilbert Mcadam , in the Paroch of Kirkmichel , Iuly , 1685. A party of Highlanders killed Ioseph Wilson , David Dun , Simeon Paterson , and other two , near the Water of Kill , in a Moss in Kile , Anno 1685. The Laird of Ironkeple commanding a party of Highlandmen , killed Robert Lochart and Gabriel Thomson , about that time also . Likewise , William Paterson was shot ot Strevin , uncertain by whom , 1685. Also Iohn Mclorgan was killed at Drummellians House in the night time not known by whom . Iohn Reid belonging sometimes to Craigies Troup , who was this last Summer in Rebellion in the Highlands , did under Cloud of Night , kill by a Shot , one George Wood , about 16 Years old , without asking one Question at him , at Tinkhorn hill in Kyle , Iune 1688. In summ their Number amounts to 78. The chief Contrivers and Authors of all these Slaughters and Mischiefs were , they that enacted and Subscribed the Edicts for them in Council , principally the E. of Perth Chancellour . Duke of Queensberry , Marq. of Athol , and particularly the Viscount of Tarbat , who invented this Murdering Device , wherein yet he carried so Cunningly , that he procured the dispatch of the Act to the King , with such suddenness , that he found a way to shift his own Subscribing of it . Having thus , in a Compendious and Cursory Glance , given this short Memorial of our Grievances and Sufferings under the former Governments , with a particular Specimen of some Instances , discovering some , and but a few of the Actors and Instruments of these Evils ; whom we have specially mentioned , selected out of the Copious store of many others of that Character that might be specified , not out of a Principle of Revenge , or humor of Reproach , but from a Principle of Zeal for Justice , the Honour of the King , and Happiness of the Kingdom ; We desire ( in the sense of the Necessity , and in the Hope that the King and Parliament will see the Expediency of removing the former Tools of Tyranny from Power and Trust under this Government , and from a Capacity of driving their old Trade ) that among others a Remark may be put upon the abovementioned Persons . We shall in the next place Condesend upon some of our present Grievances , which , instead of the Redress of the former , we are of new made to Groan under ; whereby our Expectation have been in a great Measure disappointed , and the Comforts of our present Quiet and reviving in our Bondage ( which yet we desire to be Thankful to God for , and to the King as his Honoured Instrument ) are much Imbittered . We are but a poor People , and therefore our Grievances are the less regarded : Nor were they indeed to be so much respected , if they were peculiar to us , but being of Common Extent , and Grievous to the greatest Body of the Nation ( tho' a great part are so accustomed , Issachar-like to Couch under all Burdens , in silent and stupid Submission , that their Grievances are heavier than their Groaning ; and others through frequent disappointments are become so heartless in their hopes of Redress , that they have given over Complaining , except in their private Murmurings , or secret Mournings before the Lord of Heaven and Earth ) we have the more Confidence to speak out what others think , and Choose rather ( if it shall come to that ) to suffer Once for speaking than to Continue Languishing under growing Grievances for not speaking . For our former Grievances we do not plead merit to obtain a Redress : Yet we take the Confidence to say , that as our former Sufferings , under the former Governments , should have Conciliated Compassion ; so what we have endeavoured to do in evidencing our Zeal for this ; might have had some Consideration . We are represented by the Viperous Curates , and other Malignants , who alwayes sought our Ruine , as Antipods to all Mankind , Enemies to Government , and incapable of Orders : But as their Order and Cause is toto Diametro opposite unto the Institutions and Cause of Christ , and it were the Interest of all in this Hemisphere to have such a Generation of Viperous Reproachers ; and their lying Lybells Banished to the Antipods ; so they must have little witt , and less Honesty , who will entertain their Reproaches , who are as great Rebells to this Government , as we avowed our selves to be to the former . Our Sufferings for declining the Yoke of Malignant Tyranny and Popish Usurpation are before hinted and generally known ; and all that will be pleased to know , and consider our Carriage since the King did first appear in his Heroick Undertaking , to Redeem these Nations from , Popery add Slavery , will be forced to acknowledge we have given as good Evidence of our being willing to be Subjects to King William , as we gave proof before of our being unwilling to be Slaves to King Iames. For upon the first Report of the Prince of Orange's Expedition we owned his H. Quarrel , when as the Prelatick Faction were in Armes to Oppose his Coming to Help Us. We Prayed openly for the Success of his Armes , when in all the Churches the Prayers were for his Ruine . We Associated our selves to Contribute what we could to the promoting of his Interest ; and were with the first that Declared a desire to Engage for him , and under him at our Renewing the Covenants , when they were Associating with and for his Enemies . Accordingly for that effect , after we had gone to Armes , upon the noise of Kircudbrights Burning , we modelled our selves in Companies ; whereby we were in Readiness to offer , and had the honour to be admitted to guard and defend the Honourable Meeting of Estates , against all Attempts of the D. of Gordoun , Vicount of Dundee , or other Enemies . And thereafter understanding the Government required the raising of Forces , for the defence thereof against the intestine Insurrections , and Forreign Invasions of the Late King Iames , his Complices within or without the Land : Upon the first occasion , we were the first that offered to furnish a Regiment for his Majesties Service , and accordingly made up the E. of Angus's Regiment , all in one day , without beat of Drum , or expence of Levy money ; having first concerted with the Liev : Colonel Clevland such Conditions and Provisions , as we thought necessary for securing and clearing our Conscience , Liberty and Safety ; That all the Officers of the Regiment should be such , as in Conscience and Prudence , might with cordial confidence be submitted unto & followed ; Such as had not served the Enemy in destroying , nor engaged by Oaths and Tests , to destroy the cause , now to be sought for and defended ; But that they should be well affected , of approven Fidelity , and of a sober conversation . Having also declared , That the cause they were called to appear for , was the service of the Kings Majesty , in the defence of the Nation , Recoverie and preservation of the Protestant Religion , and in particular , the work of Reformation in Scotland , in opposition to Popery , Prelacy and Arbitrary Power , in all its Branches and Steps , until the Government of Church and State , be brought to their Lustre and Integrity established in the best and purest times . Upon these terms , we offered to compleat two or three more Regiments , if it had been accepted . But , before we offered to be Souldiers , we had first made an offer to be Subjects ; And because we did not look upon our selves as Subjects to the Late King , who treated us as Enemies , We made therefore a voluntary Tender of our Subjection , in a peculiar Petition by our selves ▪ which we purposed to have given in to the Meeting of Estates at their first sitting down . We shewed it to several Honourable Members , but by their Advice it was delayed , until the Meeting prevented the purpose of it , by Proclaiming the King and Queen . The Tenor whereof here Follows . TO THE MEETING of ESTATES Of the Kingdom of SCOTLAND . THE NOBLEMEN , BARONS and BVRGESSES , Lawfully Called and Chosen , now Assembled at Edinburgh , for Establishing the Government , Restoring and Securing the True Religion , Laws and Liberties of the said Kingdom . The Humble PETITION of the poor People who have Suffered Grievous Persecution , for their Revolt from , and disowning the Authority of James the VII , Pleading for the devolving the Government upon the Prince of Orange , now King of England . SHEWETH , THat the sad effects of the Late Arbitrary and Tyrannical Course of Government , which these Nations , and we in a special manner have been groaning under these years past ; From which to Relieve them , the Most Serene and Illustrious Prince of Orange was induced by the Propitious Conduct of a very Glorious Providence , to Undertake this Noble and Heroick Enterprise , And for Redressing which , This Honourable Convention is Called and Conveened : Together with the revived hopes , since His Highness Auspicious Arrival , that all honnest men have begun to conceive and entertain , of getting their Grievances freely Represented and Redressed ; The denyal whereof , these several years , hath been to us , and many others , a Grievance very grievous : Have necessitate , incited , invited and encouraged us among others ( tho of the meanest Figure , and lowest Interest in this great Affair ; Yet , as persons pressed to declare , and oppressed for declaring their Consciences , Sentiments and Resentments of the Late abused Government ) to take the Boldness , now to open our hearts to this Great and Honourable Meeting ; And with all humility , as becomes , to Represent to Your Honours , That , as we conceive , we wanted not Right and Reason upon Consciencious Grounds , to decline the Illegally extorted , and Arbitrarly imposed acknowledgement of our Allegiance unto Iames the VII . Whose Authority we could never own , because of his Illegal Investiture , without taking , or being in Capacity to take the Oath of Coronation ( while addicted to Poperie ) contrare to the Laws of God and Man , because of his Advancing the Prerogative , unto an Illimited and most Despotical Absolutness , which all were required to obey without Reserve ; And because of his Arbitrary abusing it , to the undermining and overturning our Religion , Laws and Liberties , and intended Introduction of Poperie and Slaverie , at the opened gap of the Prelatical Hierarchy , Erastian Supremacy , and the Late vastly extended Toleration . And because we could not own it , our Sufferings have been very great , known to this and other Nations , and we are confident will not now be condemned by any that have espoused the Cause , and have been honoured to concur in the Enterprise of Rescuing these Nations from the Unsupportable Yoke of the Late Popish Domination , upon the same , or equivalent grounds on which we durst not own it : So we prostrate ourselves , yet sorrowing under the smart of our still bleeding wounds , at your Honours Feet , who have a Call , a Capacity , and we hope a good mind to cure them ; And offer this our Petition , enforced by all the formerly felt , presently seen , and for the future feared Effects and Efforts of this Throne of Iniquity , and the mischief thereby framed into Law , and practised or projected against all Law , by the Cry of the Blood of our murdered Brethren , by the slavery of the banished free born Subjects of this Realm , by all the miseries that many forefeited , disinhereted , harassed and wasted honest Families have been redacted to ( their Estates and Lives being at the mercy of incensed Souldiers ) for adhering unto the Ancient Covenanted Establishments of Religion and Liberty ; And by all the Arguments of Justice , Necessity and Mercy , that ever could conciliate Commiseration among Men of Wisdom , Piety and Vertue ; humbly Beseeching , Requesting and Craving of your H : Now when GOD hath given you this opportunity to Act for His Glory , the good of the Church and Nation , your own Honour , and the Happiness of Posterity , Now when this Kingdom , the Neighbouring , and all other Nations of Europe , have their Eyes upon you , expecting you will acquit your selves like the Representatives of a free Nation , in redeeming it from Slaverie , otherwise ineluctable , following the Noble footsteps of your Renowned Ancestors , and the present Precedent and Pattern of this Honourable Convention and Parliament now sitting in England ; That you will proceed , without any farther Procrastinations ( alwayes , especially now Dangerous , when Papists , and other Malignant Enemies are openly attempting to raise a Rebellion against the State ) to declare the late Iniquous Government dissolved , the Crown Vacant , and Iames VII , whom we never have , and resolve with many Thousands , never again to owne , to have really Forfeited , and rightly to be deprived of all Right and Title , he could ever pretend thereunto : And to provide , that it may never be in the Power of any succeeding Governour , for the time to come , to aspire unto or arrive at such a Capacity of Tyrannizing . Moreover since Anarchy and Tyranny are equally to be detested , and the Nation cannot subsist without a Righteous Governour , and none can have a nearer Right , nor fitter Qualifications , than his Illustrious Highness , whom the Most High hath signally Owned and Honoured to be our deliveror from Popery end Slavery ; We Cry and Crave that King William , now of England , may be Chosen and Proclaimed King of Scotland , and that the Regal Authority be devolved upon him , with such necessary Provisions , Limitations and Conditions of Compact ; as may give Iust and Legal Securities of the Peace and Purity of our Religion , Stability of our Laws , priviledges of Parliaments , and Subjects Liberties Civil and Ecclesiastick , and make our Subjection both a clear Duty , and a comfortable Happiness . And because Kings are but Men mortal , mutable , and fallible ; particularly , We crave , that he be bound in his Royal Oath ; not only to Govern according to the Will and Command of GOD , and Ancient , Laudible and Righteous Laws , in the Ministration of Justice , punishment of Iniquities , Redressing of just Grievances , and preservation of true Liberties : But above all , that he and his Sucessors , profess persevere in , Protect and maintain the true Protestant Religion , abolish Poperie and all false Religion , Heresie ; Idolatrie and Superstition , revive the Penal Lawes against the same , re-establish and Redintegrate the Ancient Covenanted Work of Reformation of this Church , in Doctrine , worship , discipline and Government , according to the Word of GOD , Confession of Faith ; Covenants National and Solemn League ; upon its old foundations , as Established from the Year 1638. and downward to 1650 ; And that he restore and Confirme , by his Princely Sanction , the due Priviledges of the Church , granted to her by ▪ JESUS CHRIST , her only Head and Supreme , and never assume to himself an Erastian Supremacy over the Church in Causes Ecclessiastick , or Unbounded Prerogative , in Civils , above Law ; but , as the Keeper of both Tables of the Law of God , in a way Competent to Civil Authority , interpose his Power , for the Ejecting out of the Church , the Prelats , the main Instruments of the Church and Nations Miseries . And from all Administration of the Power and Trust in the State , such Malignant Enemies as have promoted the Ruine thereof : Upon these or the like Termes , We tender our Allegiance to King William , and hope to give more pregnant Proof of our Loyalty to his Majesty , in Adverse , as well as Prosperous Providences , than they have done or can do , who profess Implicite Subjection to Absolute Authority , so long only as Providence preserves its Grandure . MAY IT THEREFORE PLEASE YOUR HON. To take the Premises into Your serious Consideration , and put a Favourable Construction on this our Humble and Earnest Request , which sense of Duty , in desire to Exoner our Conseiences , and in Complyance with , and at the Solicitation of the Cries of many Thousands in the Nation , moved and craved , We take the Confidence to present to Your HON. In the Hope , that Zeal for GOD and his Church , regard to Iustice and Mercy , Care of Your own , as well as the Countries Interest , dutiful Love , Loyalty and Gratitude to King William , and even Pity to us , will prevail with Your Wisdom to grant in with all convenient Expedition . And Your Supplicants shall ever Pray &c. FROM what is above hinted , it may appear , that We are not Enemies to Government ; but , that as we have had Occasion , We have given more Evidences of true Loyalty , than any of our Traducers , and of true Zeal to have this Government fixed , on such a Foundation , as may make it Secure and Stable , and Subjection thereunto to be not only a Duty , but a Comfort . And with the same inviolable Zeal , Affection and Fidelity , since others will not , We cannot forbear to Remonstrare those Grievances , that are as well hateful to GOD , and hurtful to the Government , as Grievous to Us. First , As to the Church , tho' all Honest Subjects have been impatiently expecting the settlement thereof , from the Kings Declaration , his Promises at the Acceptance of the Crown , and his Instructions to D. Hamiltoun ; Yet , to this Day , it is neither Settled , nor Purged , nor Planted , but kept in uncertain suspense what to fear , or what to hope . Popery indeed is much suppressed , in a way , wherein much of GOD , and little of Man is to be acknowledged and admired ; yet the Ancient Laudable Laws against Papists , Seminary Priests , Sayers and Hearers of Mass are not Revived , Reinforced , nor put in Execution , while many of these Idolaters , and Intycers to Idolatry , are connived at , past without punishment , and favourably Intreated , when some of us have apprehend them , and delivered them into Custody . Whence they are much encouraged where they Cohabite in great Numbers ; especially in the Sea Coast of Galloway , where they may open a Door and free Ingress to the Irish , whenever they have a mind to Invade ; whereby the Country about , is contiunally Tormented with fears of their Massacres and Murdering Attempts . We can never be freed from the hazard of the Return of Popery , so long as Papists are so much Tolerated , and are bragging of their hopes of getting a Toleraration established , Suspending and Dispensing with the Penal Statutes against them ; which will defile the Land with Idolatry , and expose us to the Judgement of GOD. We desire also to be thankful , that Poperies eldest Daughter , the Episcopal Hierarehy , or Prelacy , hath got such a knock on the head , that it is abolished by Law , & its return so far Legally precluded , that the removal thereof , being one of the Stipulations & Artieles of Compact with his Majesty , at the Disposal and Acceptance of the Crown , it cannot be restored without asignal Violation of the Regal Covenant ; the native Consequences whereof , may beforeseen to be so dangerous , that we hope , the Kings Wisdom and Justice , will be proof , against all the Insinuations and Perswasions of the Church of England , to hazard it ; yet it is a very burdensome Grievance , that the settlement of the Church Government , is so long suspended , and the Nation kept in Suspense , not knowing what shall be settled in stead of Prelacy abolished ; whereby the Land is left to settle in nothing , but to rest and rott in old Crying sins , and new provocations are daylie Multiplied without control ; Scandals and Disorders , to the dishonour of GOD , reproach of Religion , stumbling the weak , hardening the perverse , and offending all are not restrained , but much encouraged , and different factions much fomented ; while Church Government and Discipline ( the only Preservative and restaurative Medicine for such Distempers ) is neither established , nor any rule determined , by which it shall be Established , except the Inclinations of the People ; which are in themselves very variable , and must be ruled by , and not a Rule unto the Institutions of IESVS CHRIST : And as they are variable , so they are as Various and diverse , as there are Numbers of Persons or Parties , that prefer their own Humours and Interests to the Supreme Law , the revealed will of Christ : Some are for Erastianisme ; Some for a constant Moderatorship ; some for a Superintendency ; some perhaps for Independency ; some for a Toleration of all ; some are for a continuance of the Curates ; either without any Accommodation with them , and secluding them from a share of the Government , but suffering them still to Exercise their Ministry ; Or by an Accommodation and Coalition with them in the Government also ; some again are for the continuance of Patronages , how ever it be . We and many Thousands are against all these things , as being contrary to the Word of GOD , abjured frequently in our COVENANTS NATIONAL and SOLEMN LEAGVE ; condemned in the confession of this , and all other best Reformed Churches ; And in the doleful experience of former times , known to be inlets to many wicked inventions , innovations and corruptions in the Church ; And in process of time productive of Prelacy again : Which , in the Lords strength , We , and many Thousands , do intend never to submit to , tho for our Recusancy , we should suffer the greatest persecution from Men. We are for the Restauration and Re-establishment of this Churches Ancient Covenanted Reformation , in its Doctrine , Worship , Discipline and Government ( according to the Word of God , Confession of Faith , Catechisms Larger and Shorter , National and Solemn Covenants and Acts of General Assemblies ) in all its Legall Immunities , Securities and Sanctions , as before the Year 1650. These Different Inclinations , cannot be a Rule of Government and order , but of Ataxie and Confusion ; Nor can they be determined by a Lesbian rule , unconstant and uncertain ; But somewhat , to which all must vail and and submit , and which must claim the last Appeal . Tho we might , with as great Confidence as others , Venture the success of our Plea for Presbyterie , upon the decision of a Poll and Plurality of Votes , providing ( which could not be denied ) none be admitted to Vote , but such as are well affected to the Government of King William and Queen Marry . Yet we cannot subject the determination of that Plea , to any other Rule , than he Institution of CHRIST ; considering , that either the Lord IESVS , who is anointed only King and Head of his Church , and is faithful in all his House , must not have appointed any Government or order thereof at all ( which would exceedingly Reflect upon His Wisdom and Faithfullness and the Perfection of his Law ) or this Government which he hath appointed , must not be Arbitrary and Ambulatory , indifferently determinable ▪ by the will and inclinations of Men , no more than others of His Institutions can be . We plead for no Government , and for nothing in this of Presbyterie , but what we have the Lawes of CHRIST in his Word , the Ancient Lawes of the Nation , the Constitutions of the Church , never yet repealed , by any subsequent Authority Ecclesiastick , and the Covenant Eengagements of all ranks in the Land , of Indespensible obligation , for : Nor do we plead for any exercise , or extent of this order , further then is necessary for the purging of the Church , of every Antichristian , or Erastian Corruption and Invention , Defection or Schism , Error or Scandal in Officers or Members impartially ; And for the Planting of the Church with Godly , able and Faithful Ministers , for the Instruction , conviction conversion , Edification and Consolation of the Members thereof . But now , not only is this Government not established , but even that of Prelacy is not effectually , nor can be abolished , while the many iniquous Laws against Presbytery , and pressing submission to Prelacy are not rescinded ; And while our National and Solemn League Cevenants for Preserving and Promoting Reformation , are so far forgotten and trampled upon , that the Acts Antiquating and Discharging them to be owned , are not only not Abrogated , but so far yet observed , that it is hardly allowed they should be publickly mentioned : While also , the Ecclesiastical Supremacy , a feather likewise of Antichrists wing , and a Blasphemous and Sacrilegious Encroachment upon Christs Prerogatives , and His Kingdoms Priviledges , is not revocked , nor declared void , whereby it stands declared by wicked Laws , to be the inherent Right of the Magistrate , to Order , Dispose , Alter or Innovate the external Government of the Church , and to plant , or transplant Ministers , and give them Instructions , to Regulate them in the Exercise of their Function ; which , if not Abolished , will not only optn a Door to the Introdnction of Prelacy or Popery again : But if the Protestant Religion be never so well Established , this will in process of time , unhinge all possible Settlements thereof . There is nothing more the Interest of the Church , than to seek that this Mountain in the way of its Reformation , be removed ; and all Acts confirming the same repealed ; and Indulgences following therefrom , be declared to be Usurpations . Another Pillar of Prelacy , the constant support of it , and stop to Reformation , does yet continue , while the burdensome Bondage of Patronages is not removed ; whereby the Church is Robbed of the Liberty of choosing her own Guides intrusted with her greatest concerns , & the Great-men have open access Implicity to impose , and Prey upon , and Pester the Church with Corrupt Teachers : But if all these things were Rectified , it is impossible the Church can ever be settled , or purged , or planted , as long as the Episcopal Curats , intruded by the Prelats Collation and Patrons Presentation , contrare to the Institutions of Christ , and the Constitutions of this Reformed Church , without the Call , and contrare to the Inclinations of the People in many places , but every where the Bane of the Nation , the Scandal of the Church and the cause of all our Confusions , are continued in the Churches . How can the Church be settled , when those that unsettled it continue in the same Capacity to oppose all Righteous Settlements of Reformation ? How can the Church be purged , when the greatest Corrupters , and the most corrupted Members , remain in Power ? Either they must be looked upon , and Subject themselves as Members of the Presbyterian Church , and then Discipline cannot but strike against them , in such a measure of Severity , as may be some way proportioned to the greatness of their Scandal , their Obstinacy , Impenitency , and Continuance in it as long as they could , and the hazard of their Leavening the whole Lump ; or they must be looked upon as Pure and Perfect Schismaticks , seting up a distinct Church , and seperate Communion , within a well Constitute National Church , and as such they ought to be Censured and Restrained . How can the Church be planted , when those Plants that the LORD never planted , fill so much of His Vineyard , and continue in so many Paroches , either to sterve them with the hungry Husks of Ethick Homilies and Harangues of Moral Vertues , instead of Gospel Holiness ( not knowing to Preach the Mystery of the Covenant of Grace , or declare the Counsel of GOD , to the Conversion of Sinners unto CHRIST or so poyson them with points of Popery , Arminianisme , Socinianisme : Yet many of them do yet Peaceably possess the places they were intruded into ; and others dispossessed , are reponed by Force , contrare to the inclinations of the Paroch , and notwithstanding their opposition in some places , as for instance in Colintown and in Peebles , where great Insolences were committed , affronting the Magistrates , and disturbing the Presbyterian Meeting , which have been overlooked ; but the least Accession to any Opposition that was made , hath been severely punished , one Francis Beatie upon this account being for these many weeks kept in prison , and his Petitions for Liberty ejected . This hath discouraged many , and opened their mouths to reflect ; That tho this Government be as much admited for Acts of Mercy to Rebells , as the former was for Cruelty , yet wherever any Presbyterian can be apprehended in any fault , he must expect the rigour of Severity . We do not justifie illegal Tumults , nor do we approve that people should transgress their Line and Station in endeavours of Reformation , when there is a Magistrate to be applied unto : But as Magistrates ought to interpose their Power for extruding , and easing the people of Intruders ; so when they abuse it , to the re inforcing of these intrusions , honnest and zealous people can as hardly be restrained from resisting such Invasions and Impositions against the Laws of GOD and Man , as they can be kept from withstanding a violent Invader of their Property , or Intruder on their Heritage . For our part , as we thought it a seasonable duty , to take the opportunity of the Interregnum , before the settlement of a Government that we could subject our selves to , for cleansing the Western Shiers of these Creatures ( which was done with all the discretion that the confusions of that time , and the feared shortness of that opportunity could admitt . And whatever clamour they make of their Persecutions , in their Late Printed Account and Information to the Church of England , stuft with Lies , we defy them to give an instance of any hurt done by us to any of their Persons or Families , or to charge us with one Six-pence worth of their Goods : If any have , let it be proven and punished ) which , if others in other places had imitated , in that season , with the like discretion , the Nation might have been much eased , and the Government prevented of a great deal of trouble : So , tho we are not for Persecuting them who were our greatest Persecuters , nor rendering them any evil for their evil , farther than to restrain them from coming back again to Persecute us , and from Intruding , where they have no Right ; Yet we are resolved , through Gods Assistance , to endeavour by all approven means , to hold them out now when they are out ; And sooner to die , and venture the loss of all things temporal , than to suffer any of them to repossess themselves of the Churches , whence they are thrown out ; or any other within our reach , untill after sufficient Evidences of their remorse they shall come in at the door of CHRISTS Appointment . If in this we Offend the Malignants in the Parliament or Council , we cannot help it , it is not the first time , nor perhaps the last : But for the Noble & Honoured Patriots among them , who are well affected to the Cause of Reformation the Nations good , and his Majesties Honour and Happiness , we are confident they will construct of our ingenuity in good part ; as flowing from conscience and Candor . And we are hopeful his Majestie will Compassionat us in this matter ; and consider the Case , that it is more for his Honour and Interest ; to have respect to the Consciences of so many People , than to the humor and haughtiness of a few debauched Lords and Gentlemen , who delight in these vexations , and who by Custom , as it were , have it for their Element to impose upon poor Peoples Consciences . And we hope his Majesty will think upon the Redressing of this Grievance , of the Continuance of these Episcopal Curates , who took notice of this , as one of the Grievances , in his Declaration , that he came to relieve the Nation from . In the netxt place , as to the State , tho we desire to be more abstract from these Administrations that are above our reach ; yet it is obvious and Grievous to all that desire the Establishment thereof in Righteousness and Peace , that the settlement of Church and State both is Retarded and Obstructed , by the frequent Adjournments of Parliaments , in so Critical a Season when the Government is not well settled , the Enemies thereof are prevailing , the Friends thereof are sore discouraged and devided , and the Forces have no Maintenance . If ever there 〈◊〉 of Parliaments , now it must be when the greatest Interests , 〈◊〉 King and People , are in so eminent Hazard : And yet it is more Grievous , that when they Conveen , and have opportunity to Act for the good of the Nation , the settlement of the Church Government , and the Redress of Grievances , the Disputes of divided Factions , about things of lesser Moment , do hinder their Establishing of those things , that all agree are Absolutely necessary . Time might be afterwards spared for many of these Debates , with which the present precious opportunity is wasted , and they might with more Advantage and Facility be Adjusted and Composed afterwards , if once the Establishment of the Church , and the Security of the Nation were provided for , and these things , for which they have his Majesties Instructions , were Settled and Enacted : But we fear these Differences are much Fomented by Self-seeking Malignant Incendiaries , who love to Fish in troubled Waters , and to pursue their selfish and sinistrous ends of Undermining the Church , supplanting the King's Interest , and betraying the Countries Liberties , from whom these Disorders and Grievances have proceeded , which are now desired to be Rectified and Redressed , and from whose Influence all these Retardments and Disapointments do flow , which the Nation so much complains of . For as the open and avowed Enemies of the King and Country , owning the late King Iames his Interest ( all consisting either of the Popish or Prelatical and Malignant Faction , not so much as one Presbyterian being among them ) are very many , Insolent and Prevalent ; not only in the Highlands , but in all the hires of the Kingdom ; and no doubt have their Active Agents , Correspondents and Abetters in the Parliament , Council and all the Supreme Judicatories of the Kingdom ; so there are far moe secret undermining Enemies , who for the time are not appearing in opposition to the Government , that are as great Enemies to the King and Country , and all Righteous Interests , as any that do most appear , who are now desiring Places , and ingyring themselves into publick Trust , not to serve King William , whose Advancement to the Throne they opposed , with all the Power and Policy they had ; nor simply to satisfy their Insatiable Ambition , but to put themselves in better Capacity to serve King Iames , in Retarding all Righteous Establishments , Rending the Parliaments , and Ruining Us all : Yea , however some may account it Policy , it is not only a Grievance , but a Sin dishonouring God , and destructive to the Nation , and a dangerous Politick , threatning hazard to Religion and Liberty and the Government , that many wicked Malignants , Enemies to Reformation , are admitted & imployed in the publick Administrations , as Officers of State , Members of Council & Parliament , and other Judicatories and places of Trust ; who not only were our cruel Persecuters , and Murderers of our Bretheren , whose Blood cries for Vengence against them ; but were the professed and sworn Tools of the late Tyranny , and Instruments of the Nations Slavery , Ministring to King Iames , and cooperating with him in all his Encroachments upon our Religion , Laws and Liberties , as absolute Vassals of his Despotical Will , under Oaths and Pensionary Obligations to obey without reserve , and to this day , are either evil Counsellours to perswade the King to some degrees of Arbitrariness , or very disaffected to the Government , Counsellers to , Encouragers of , or Connivers at Rebellion against it . It had been worthy Service to the Nation , to have at first exposed these Men in their own Colours , and represented the danger of trusting them , to the King ; who being much a Stranger to Men , at his first coming over , might be easily deceived in the choose of such as were to be Imployed ; and then it had been easier to keep out , then now to put out of Places : But it is never too late to seek to be Rid of these that were , and are like to be Instruments of our Ruine ; whose Exclusion from Trust and Power to play their old Tricks , is necessary for the King's Interest as well as the Kingdoms , which are inseperable . And since the King declared against these evil Counsellours ; and on their Crimes and Mal-administrations , founded the Righteousness and Necessity of his Expedition , neither King nor Parliament can justly offend at ; or refuse the Nations Demands , to be eased of them , nor find it convenient , that the Betrayers of our Laws , and Robbers of our Priviledges under the last Government , be excluded from all share of Administration in this . We have experience of their Conduct and Administration already , wherein we found nothing but Tyranny , Rapine and Violence , and such Justice and Law as is discovered above ; and therefore can never beleive while only Interest hath made them change their way , that ever they shall Administer Righteous Judgement . And whatever Confidence others may have , we cannot be without fears , while we are under the power of our old Persecuters . But above all ; it is most offensive to God and all Good men , that Murderers of innocent People , without and against all Law , particularly several of these above Named , should not only be Connived at , and past without punishment , but Encouraged and Intertained in Favour and Trust ; some of them Discovered and Apprehended as Traitors to the present Government , are notwithstanding over looked and suffered to escape Justice , and Liberate upon Bale , as Major or Lieu. Col. Balfour , and Lieu. Nisbet ; others of them are Members of Parliament , as the Commissioners for the Shire of Nithsdale and Stewartry of Anandale , Sir Ia. Iohnstoun of Westerhal , and Iohnstoun of Corehead , who is notourly known to have of late several times in Caballs with Iacobines drunk the late King's Health . Blood is a crying Sin , defiling the Land , which cannot be cleansed but by the Blood of them that shed it . We thirst for the Blood of none , nor crave the sheding of any , but of these who are so guilty of Blood , that they are Condemned to the punishment of Murderers , by the Law of God and all Nations , having shed the Blood of War in Peace , without all shaddow of Law. But as for those that Murdered our Bretheren , without all Process , Accusation , Trial , Conviction , Assise or Sentence , as is observed in his Majesties Declaration for Scotland , We should not be free of the Guilt of their Impunity , if we did not seek Justice against them . Yet we wonder the less at this , that such Criminalls as were Authorized under the former Government , by Arbitrary orders , tho without Law , to perpetrate their Crimes , are not Punished , when open avowed Traitors , Speakers of Treason , and Rebells against the Present Government , taken in ovett Acts of Lese-Majestie , discovered in Plots and Projects , and Apprehended in Armes against his Majestie , are Indemnified , Connived at , let out of Prisons and Tolerated , and thereby Encouraged and Tempted to go on in their Conspiracies , and return to the same Crimes , when ever they find Opportunity ; for they will not ascribe this to his Majesties Clemency , but to the weakness of the Government , that dare not draw its Sword of Justice . In the former Government , there was nothing but Severity against those that in the least Discented from it : In this there is nothing but Mercy to Rebels ; both these are Extremes . In the Third place we cannot but have sad Reflections upon the bad success of the War : Which we think is not so much to be imputed to the bad Conduct of those to whom it is intrusted , as to the Wickedness and Malignancy of the Army , laying them and the Land open to the danger of the wrath of GOD ; while the Abominations of Swearing , Cursing , Profaning the Sabbath , Whoredom , Drunkenness , and all debaucheries ( which are severely interdicted by Military Lawes , if they were put in execution ) and are so abounding among Officers and Souldiers , that the honest hearted among them , whom only Conscience did prompt to engage in the service , are exceedingly discouraged , & all the fearers of GOD affrighted , to whom the abounding of , and continuance in these sins is a greater terror , than all the Numbers of Enemies . This is the more to be adverted , that all that acknowledge GOD , are astonished with His signall and stupendous stroks , so observably wasting many Thousands of the English Army in Ireland , within these few Moneths past for these same Abominations . But not only are our Armies filled with the Profane end Profligate Skum of Mankind ; But to the great Reproach of the Cause , wherein Religion is so nearly concerned , to the dishonour of GOD and offence of all the Godly , many Malignant Enemies to Reformation , avowed Adversaries and Persecuters of Truth and Godliness , are encouraged , imployed and intrusted for the defence of the Interest , which , within this short time , they professedly opposed , and by many Dreadful Oaths were engaged to Suppress . For the old Dragoons , the Late Kings Lieveguard and others , after by Executing their old Masters cruell and Arbitrary Orders , they had enriched themselves with the spoylls of the oppressed Country , and imbrewed their hands in the Blood of innocent and Righteous People , when they saw the Prince of Orange like to prevail , forsook their King and crouded into his Highness Armies : Not for love to his Cause , which with the greatest keenness they contended against , as long as they could ; But to prevent the just Vengance of his Victorious Armes , then threatened . Hence they are yet intertained among the Forces , and there tho they have not occasion to exert their fury , as formerly ; Yet they cease not to express their Malice against us , in boasting that they hope yet to Persecute us as much as ever ; And bragging they are , and shall be for Prelacy as long as they Live , not fearing to impugn the Act of Parliament against it . It is certainly a Land-sin to be witnessed against , as well as a Grievance , that such Enemies of Truth and Godliness , should be admitted unto , or continued in Power and Trust in the Army , or imployed and intertained therein . It is dangerous that the Royal Standart should be a Sanctuary to them , whom Divine Justice will pursue ; And absurd , that the Army should be polluted , and in danger to be infected with the Contagion of such an unhappy conjunction and unholy Association . It were more profitable and promising like , that the Tears and Cries of the many Widows and Orphans , whom their bloody Sword have beraved of their Husbands and Parents , might prevail with the Justice of the Government , to find them out and give them their reward . It were no loss , but a great advantage to the King and Countrey both , that the Army were throughly purged of those who betray the Interest in stead of serving it , and whose carriage declares they are in the interest of the Enemy , and were filled up with such as have another principle prompting them to serve , than the prospect of Pay , which will make them venture their dearest Blood in the Cause , with Resolution and Confidence , when those that are pursued with a guilty Conscience are afraid to look Death and Hell in the face . Hereby , as his Majesty would be far from all fears of the like Treasons and Treacheries , in some discovered already ; so all Honest Men having no other Interest or End , but the Glory of God , the Peace and Prosperity of their Country , and the Honour and Happiness of the King , would be exceedingly Encouraged and Engaged to be Zealous and Resolute in the Service , when they should know they have none to Associate with , but such as are of Aproven Fidelity and good Affection to the Cause . It is yet the more Grievous , that not only so many wicked and Treacherous Men are intertained in the Army ; but Men of Principle and Conscience , who are willing and Zealous to serve in the Warrs with the utmost Fidelity , can find little Encouragement ; and some are put out of Trust and Employment in the Army , who had given Good proof of their Zeal , fidelity and courage , by the Malignants procurement , to the end they might be rid of the fears and Iealousies they had of their opposing their sinistrous designs : Some there are we acknowledge in several Regiments and Troups , that are Men of principle , Conscience , Courage and Honour ; but these labour under very many Discouragements , being very much Maligned by the rest . Particularly , we cannot but complain of the Treatment of the E. of Angues's Regiment , which was sent to Dunkeld ( as would seem ) on design by some to be betrayed and destroyed ; For , being there posted alone in the mouth of the Highlands , the whole body of Canons Army marched towards them , the very day they came thither , and within three days gave them a general assault : where that Regiment was left in the chock , denuded of the success that my Lord Cardross brought them , who were recalled ; and denyed the assistance they sought from Col. Ramsey lying at Perth ▪ After which , getting the honor of that Victory , by the goodness of GOD , they were more then ever envyed , by the remaining malice of their old enemies ; who , when they durst do no more to destroy them openly ; & their Arts failed them to get them destroyed by the common enemy , sought by all means to break them , or to blast their Reputation . Finally , The Country is much languishing in their jealousies , thinking their sufferings cannot be over , as long as not only the instruments , of their oppression , their Persecuters are in so much power : but the Laws and Acts of Parliament , &c. impowering them , & condemning the grounds of former sufferings , are yet standing unrepealed . Yea , they complain their sufferings still continue , while Forefaultries & Fines are not redressed ; while many are impoverished by loss of Law suits , and Decreets past against them , through their Non-appearance in their own defence , in times of hazard ▪ to their persons ; while many Widows and Orphans of those that lost their Lives in Fields and Scaffolds , and of those that died in banishments , are in great distress , having none to provide for them ; and while many are yet in servitude in forraign Plantations , whither they were banished & sold as Slaves , who are not yet partakers of this reviving , we have got in our bondage . Moreover , As the unrestrained debaucherie and dissoluteness of Country People is very grievous , occasioned by the want of Church Government and Discipline ; So the insolence of many Gentlemen , professedly Jacobins , owning the Authority of K ▪ James , drinking his health , and forcing others to it where they are numerous , impugning the present Authority , and openly speaking Treason , is an intollerable Affront to the Government : For the Honour of which , Zeal for our GOD , Loyalty to the King , and Love to our Country ; observing the deficiency of others that could do it better , we could not forbear to suggest these complaints ; In the hope that such as are not sensible of them , may open their eyes and see their distempers and dangers ; And those that are sensible of them , may be moved to represent them to those that are in Authority , to redress and remove them . But whether Men will hear , or not hear ; we are confident there is a GOD that ruleth in Jacob , to the ends of the Earth , who will hear the cry of the Humble , in His own time . FINIS . Notes, typically marginal, from the original text Notes for div A59965-e1000 Grievance 1. Grievance 2. Grievance 3. Grievance 4. Grievance 5. Grievance 6. Grievance 7. Grievance 8. Grievance 9. Grieance 10. Grievance 11. Grievance 12. Grievance 13. Grievance 14. Grievance 15. Grievance 16. Grievance 17. Grievance 18. Grievance 19. Grievance 20. Grievance 21. Grievance 22. Grievance 22. Grievance 23. Grievance 24. Grievance . 25. Grievance 26. Grievance 27. Grievance 28. Grievance 29. Grievance 30. Grievance 31. Grievance 32. Grievance 33. 
A64190	----	The number and names of all the kings of England and Scotland, from the beginning of their governments to this present as also how long each of them reigned, how many of them came to untimely ends, either by imprisonments, banishments, famine, killing of themselves, poyson, drowning, beheading, falling from horses, slaine in battells, murthered, or otherwise / written by John Taylor ... Taylor, John, 1580-1653. This text is an enriched version of the TCP digital transcription A64190 of text R10068 in the English Short Title Catalog (Wing T492). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 40 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A64190 Wing T492 ESTC R10068 11815302 ocm 11815302 49530 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A64190) Transcribed from: (Early English Books Online ; image set 49530) Images scanned from microfilm: (Early English books, 1641-1700 ; 552:2) The number and names of all the kings of England and Scotland, from the beginning of their governments to this present as also how long each of them reigned, how many of them came to untimely ends, either by imprisonments, banishments, famine, killing of themselves, poyson, drowning, beheading, falling from horses, slaine in battells, murthered, or otherwise / written by John Taylor ... Taylor, John, 1580-1653. 32 p. [s.n], London : 1649. Reproduction of original in Bodleian Library. eng Great Britain -- Kings and rulers -- Early works to 1800. Scotland -- Kings and rulers -- Early works to 1800. A64190 R10068 (Wing T492). civilwar no The number and names of all the kings of England and Scotland, from the beginning of their governments to this present. As also how long eac Taylor, John 1649 6790 108 0 0 0 0 0 159 F The rate of 159 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-00 Aptara Keyed and coded from ProQuest page images 2001-08 TCP Staff (Michigan) Sampled and proofread 2001-10 TCP Staff (Michigan) Text and markup reviewed and edited 2001-11 pfs Batch review (QC) and XML conversion The Number and Names of all the Kings of ENGLAND AND SCOTLAND , From the beginning of their Governments to this Present . As also how long each of them Reigned , how many of them came to untimely Ends , either by Imprisonments , Banishments , Famine , Killing of themselves , Poyson , Drowning , Beheading , falling from Horses , Slaine in Battells , Murthered , or otherwise . Written by John Taylor , at the Signe of the Poets Head , in Phoenix Alley , neer the middle of Long Aker , or Covent Garden . LONDON , Printed in the Yeare 1649. NOVERINT VNIVERSI . BE it known unto all men &c. History hath such sorce and vertue that it wil make a man a Traveller that never went 10. miles from home ; it will describe unto him Cities , Countries , Manners , Lawes , Customes , Fashions , Wars and Peace both at Sea and Land , it will give him admittance to speake with his hat on to the greatest Emperours , Princes , and Poten●ates , and all sorts of people and Nations that have inhabited the whole world : all this , true and well written Histories will furnish a man withall in his owne chamber . And because great bookes are of great prices , and our large Chronicles are of such high rates , that all men cannot reach to , I have at , mine owne cost , written and caused this Briefe to be Printed . Many Writers do make doubts whether this Land had ever any King called Brute ; but the most Authours do affirme , that when Troy was spoyled by the Greekes , that Prince AEneas fled into Italy , and there he was married to a daughter of Latinus , King of Tuscany , now the Dukedome of Florence , by which Lady he had a son named Ascanius , who was the Father of Silvius Posthumus , and that Silvius was the Father of Brute ; Brute being but 15 years old , unfortunately as he in a Forrest was hunting , slew his Father Silvius with an arrow as he shot into a thicket , thinking he hadshot at a Deere , for which he was banished from that Countrey , and shipping himself with a good , or great , number of his followers , he landed here , and was the first King of this Land . This is the opinion of many grave Writers , but divers learned men do oppose those Authors . For my part , I am sure that one King or other did reigne here when this Land was first a Kingdome , and because it beares the ancient name of Brittain or Brutaine , I do hold with su● . Authours , as for Brute do hold with me . Anno Mundi 2858. Yeares before Christ 1108. 1 BRute raigned 24. yeeres : to his 3. sonnes Locrinus , Camber , and Albanact , hee gave to the first England , to the second Wales , to the third Scotland . 2 Locrine raigned 20. yeers ; he beat the Hunns ( or Hungarians ) hence , who would have invaded this land , and their King was drowned in Humber . 3 Queene Guendoline ( wife of Locrine ) raigned 15 yeers , beloved and honored for her just and vertuous government . 4 Madan raigned 40. yeeres , was eaten by Wolves , as he was hunting● he was fierce and tyrannous : he built Doncaster . 5 Mempricius , the son of Madan , raigned 20. yeers , and at last ( like his father ) was devoured by Wolves . 6 Ebrank , built Yorke , and reigned 21 yeeres : he had by 21. wives , and other females , 20. sonnes , and 30. daughters : he lived in the times of K. David and K. Solomon . 7 Brute 2. raigned 12. yeers , buried at York . 8 Leile raigned 25. yeers , built Carlile , and some say Chester . 9 Rudhudibras raigned 29. yeers , built Canterbury , Winchester , and Shaftsbury . 10 Bladud raigned 20. yeers , built Bathe , brake his neck in practising to flie . 11 Leire raigned 40. yeers : he built Leicester , before Christs birth 830 yeers . 12 Cordelia , the Daughter of Leire , raigned 5. yeers : kild her selfe in prison . 13 Morgan and Cunedague were brothers , and grandchildren to Leire : they ruled together , but Cunedague slew Morgan at Glamorgan in Wales , and raigned 33. yeers . 14 Rivallo raigned 46. yeers : it rained bloud 3. dayes in his time : Rome was built out of the putrefaction of the bloud that fell : it bred swarms of hornets and horseflies , that stung many folks to death ; insomuch that with famine , and other calamities , there died so many that they which lived were not enough to bury the dead . 15 Gurgustus raigned 38. yeers : a most vicious Drunkard , and his Brother , 16 Sicilius raigned 49. of both which our Histories make no good mention . 17 Iago raigned 25. yeers : a wicked Prince : he died of a sleepy Le●hargy . 18 Kimmarus raigned 54. yeers . 19 Gorbo●ug raigned 63. yeers , as some write and some write but 42. let the Reader beleeve as he pleaseth . 20 Ferex and Porex were brethren : they were the last Princes of the Race of Brute ; Porex killed Ferex ; to revenge which their mother kild Porex , by which meanes this Land was without a King , and at division many yeares , and shared into 5. petty kingdomes . Some say Ferex and Porex raigned 50. yeers , and others write but 5. 21 M●lmutius Donwallo raigned 40. yeers : hee was the sonne of a Cornish Duke , named Clotton : he brought this Land againe into one Monarchy , and was the first King that wore a Crowne of Gold . 22 Belinus and Brennus were brethren , and shared this Land betweene them ; but ( disagreeing ) Brennus was forced from hence into France , from whence hee went and wan Italy , ransackt Rome , and at a siege of Delphos in Greece , he slew himselfe : Belinus raigned 26. yeers : he builded the Port called Belingsgate . 23 Gurguintus raigned 19. yeeres , hee overcame the Danes , hee sent many scattered and distressed Spaniards to inhabite Ireland . 24 Guinthelinus raigned 26. yeeres : hee built Warwicke . 25 Cecilius raigned 7. yeers , and was buried at Caerleon in Wales . 26 Kimarus raigned 3. yeers : a wicked King , kild by a wild Beast in hunting . 27 Elanius raigned 9. yeers : histories make little mention of him . 28 Morindus raigned 8. yeers : he fought with a ravenous Sea-monster , which had devoured many people , who also devoured the King , but hee killed the Monster afterward , for he was found dead with his dagger in his hand , in the belly of his devourer . 29 Gorbomanus raigned 11. yeers : a good King , built Cambridge and Gra●ham . 30 Archigalo , ●lidurus , Vigenius , and Peredurus , 31 were crowned and deposed again , and with 32 shusfling fortunes these 4. Kings raigned 28. yeers . From the time of Elidurus to King Lud , there reigned in this Land 33. Kings , of whom Historians doe make very various , or little mention , I will therefore but only name them . Gorbonian raigned 10. yeers , Morgan 14. Emerianus 7 , deposed . Ival 20. Rimo 16. Geruncius 20. Catillus 10. hee caused all oppressors of the poore to be hanged . But since that time they have increased much . Coylus raigned 20. yeers , Ferex 5. Chirimu 1 he kild himselfe with excessive drinking . Fulgon raigned 2. yeers , Eldred 1. Androgius 1. Eliud 5. Dodamius 5. Gurginius 3. Merianus 2. Blodunus 2. Capenus 3. Quinus 2. Sillius 2. Bledgabredus 10. Rodianus 2. Archemalus 2. Eldalus 2. Redargius 3. Samullius 2. Penisellus 3. Pirhus 2. Caporus 2. Dinellus 4. Helius ( or Elius ) 1. From this King the I le of Ely had its name . Of these Kings , 24. of them had very short times of either lives or raigns ; 4 of them raignd but 4 yeers , ( that is to say , each of them raignd but one yeere ) and in that course 11 of them reigned 22 yeares ( to years each , as many years as Eares ) 4 reigned each three yeares , and one reigned 4 years ; 3 had the happy , or unhappinesse to beare the royall toile , hazard and slavery each 4 years . But although Records and Histories are burnt , lost , and falsified , by the injury of warres , alteration of times , and partiality or flattery of Writers , that there is no mention made by what meanes all these Kings did come to their long homes in so short a time . It is more then conjecturable , that they died not all in their beds . 64 King Lud reigned 11. yeers : he named Troy-novant , ( or this City of new Troy ) Kair-Lud , or Lu●stowne : hee enlarged the building of London , from Ludgate ( which he founded for Freemen to lie in bondage ) to London stone , which stone was set up in memory of Lud , 60. yeeres before the Incarnation of our Saviour . 65 Cassibelane raignd 17. yeers : the 2. sonnes of Lud and Cossibelane fild this Land with blody contention , that whilst they strived for the mastry , Julius Caesar came in and mastred them . 66 Theomancius the son of Lud raigned 22. yeers : all that I can write of him is , that in memory of his Father and himselfe , his statue is on Ludgate . 67 Cimbelinus raigned 21. yeers : in his Raigne the Heavens did raine the showres , flouds , innundations of gratious love and favour to most miserable Mankinde ; for in this Kings time our blest Redeemer Jesus Christ was borne . 68 Guiderius raigned 21. yeers : in his time our Saviour suffered ; then Tiberius Caesar was Emperour of Rome , and commanded the knowne world . 69 A●viragus 28 yeares , a valiant man ; he founded and built Gloucester . 70 Marius reigned 53 years , he did much for the repairing of the Citie of Chester ; in his time , it is written , that good Joseph of Aramathea came hither , and taught the people Christianitie at Glastonbury in Somersetshire ; some Writers say that he was buried there , in a Chappell of his owne erecting , of which I saw the ruines and rubbish remaining in the yeare of grace , 1649. 71 Coylus the second reigned 55 years ; he built Coylchester , and was interred at York . 72 Lucius was the first King , of any Land a Christian , by the meanes and perswasion of godly men whom Elutherius Bishop of Rome sent hither , the King and People were brought from Paganisme to Christianity : Lucius cast downe 28 Heathen Temples , and erected Churches for Gods service . He reign'd 12 years , buried at Glocester , Anno Christi , 194. 73 Severus was an Emperour of Rome , he reign'd 18 years , he made a strong wall between England and Scotland , to secure us from the Invasion of the Scots , the wall was 112 miles in length , from the River Tyne to the Scottish Seas . Hee was slaine 78 years of age . 74 Bassianus reigned 6 years , he was Emperour of Rome , and son to Severus . 75 Ca●rasius reign'd 7 years , slaine by Alectus our first English Martyr ( Saint Alba● suffred martyrdome in his time . 76 Alectus was a bloudy Tyrant , reign'd 3 year killed by Asclepiodates . 77 Asclepiodates reign'd 2 yeares , as some do write , others relate 30 years ; he was all slain by Coyle Duke of Colchester . 78 Coyle Duke of Colchester reign'd 14 years , h● married Hellen who was the mother ● the Emperour Constantine , she beautifie●Jerusalem , with many faire buildings an● Churches , and she also walled London an●Colchester , where Coyle was buried , An. 315● 79 Constantius reigned 4 years , a good King , buried at York . 80 Constantine the great was an English m●●orne , he was Emperour of the Christia● world ; he was the Founder of Constant●nople , which was an old ruin'd Towne called Bizantium , he was zealous for God glory , for which he was honoured o● earth , and doubtlesse eternally glorified● He raigned 22. yeers . 81 Constantinus raigned 5. yeers , and his brothe● 82 Constantius 3. yeers : these were the sonnes●● the great Constantine : they raigned together , and together by the eares they fell , and never agreed till death made an end of the quarrell . 83 Octavius ( as some do relate ) raigned 54. yeers : he was Duke of Windsor ; hee was slaine by Traherus who succeeded him . 84 Traherus raigned 6. yeers , An. Dom. 353. 85 Constantius 2. raigned 1. yeer , slain by Gratia● . 86 Maximinianus raignd 1. yeer , slain by Gratian . 87 Gratian reigned not one full yeer , was slain : This Land at this time shook off the Roman oppression , having beene vassalls and payd tribute to Rome 483. yeers , An. Do. 446 88 Vortiger raigned 6. yeers : hee was an Usurper , and by his murthering of his lawfull Prince Constans , ( the son of Constantius 2. ) he gat the Crowne , and the peoples inveterate hatred ; insomuch that he was forced to send for Saxons out of Germany to ayd him against his owne subjects ; which Saxons not onely ayded , but invaded the whole Land , and Vortiger was deposed , and afterwards hee and his Queene burnt to death , by firing of the house where they lodged . 89 Vortimer the son of Vortiger ; raignd 11. yeers ; he was victorious against the Saxons , but was poysoned by his wife . 90 Aurelius Ambrose raigned 32. yeers ; a good King , yet was poysoned . 91 Uter Pendragon , ( which in Welsh is a Dragons head ) he cornuted a Duke of Cornewall , by corrupting the Dutchesse Igrene , on whom he begot Englands & the Christian Worlds Worthy ( Arthur ; ●●er was poisoned by the Saxons , after he had raigned 18. yeers . 92 Arthur raigned 16. yeers : hee was King of England , Denmark and Norway . He beat the Infidels and misbeleeving ●aracens in 12. great Battels : he instituted the Order of Knights of the Round Table at Winchester . He had a kinsman named Mordred , who ( in Arthurs absence ) usurped the Crowne ; but Arthur fought with the Rebels , slew Mordred their Leader , and in the fight lost his owne life , and won the name and fame to bee one of the 9. Worthies ; he was buried at Glastenbury . An. Dom. 541. 93 Constantine , ( some have written him the 4. of of that name ) raigned 3. yeers , was kild by his successor . 94 Aurelius Conanus raigned 33. yeers : Writers differ much in writing of this King , and the variation of times that were then : for this Land was divided by the Saxons into 7. Kingdomes , and in the time of 500. and od yeers following , they had to each Kingdome these Kings under named ; and those Lands , Shires , and Counties heerunto annexed . 1. Kent , the first Kingdome of the 7. Divisions , had to its first King Hengist , 2. Esk , 3. Octa , 4. Ymerick , 5. E●helbert , a good Christian King , he built St. Pauls London , and St. Peters at Westminster , 6. Eabald , 7. Ercombert , 8. Egbert , 9. Lother , 10. Edrick , 11. Wi●hed , 12. Edbert , 13. Edelbert , 14. Alick , 15. Ethilbert , 16. Cuthred , 17. Baldred : These 17. Kings raigned in Kent 372. yeers . 2. The South-Saxons Kingdome was onely Sussex and Surry : it continued under 5. Kings 113. yeers : and though Histories doe not mention their deaths , it seemes they died naturally , because so few Kings raigned so long in such cut-throat times as those were . 3. The third Kingdome was the tumultuous , it endured 561. yeers : it had 17. Kings , and contained the Counties of Cornewall , Devonshire , Somersetshire , Wiltshire , Hampshire , and Berkshire . 4. The East-Saxons , they raigned only over Essex and Middlesex ; they continued under 14. Kings 281. yeeres . 5. Northumberland had 23. Kings : it consisted of 6. Shires and Counties ; namely , Yorkeshire , Durham , Lancashire , Westmerland , Cumberland , and Northumberland . It was divided into 2. Kingdomes ; it lasted 379. yeers . 6. The East Angles bounds , were Suffolke , Northfolke , Cambridgeshire , and the Isle of Ely : under 15. Kings it continued 353. yeers . 7. The seventh , last , and greatest , was the Kingdome of the Mercians , it had 20. Kings : it continued 497. yeeres : it contayned 17. Counties ; Northampton , Leicester , Darby , Lincoln , Huntingdon , Nottingham , Rutland , Cheshire , Staffordshire , Oxfordshire , Worcestershire , Glocestershire , Shropshire , Bedfordshire , Warwickshire , Hartfordshire , & Buckinghamshire : All this while I finde that the Welchmen held their owne ; for there is no mention that any of those wrangling petty Kings had possession of so much as one Village in Wales . 95 Vortiporus raigned 4. yeeres , an incestuous Prince , with his Wives Daughter . 96 Malgo raigned 5. yeers ; hee murthered his Wife , and lived incestuously with his brothers Daughter . 4. Learned men were sent from Rome hither , to convert the Idolatrous Heathen Saxons , from Paganisme to Christianity : their names were Augustine , Melltius , John and Justus . 97 Careticus raigned 3. yeers , and being oppressed with the Saxons , he fled for saie●y into Wales , where he died . 98 Cadwane raigned 22. yeers , he tamed the Saxons of Northumberland . 99 Cadwallin raigned 48. yeers , a brave victorious Prince : hee was buried in London at St. Martins Ludgate . 100 Cadwallader raigned 3. yeers , a valiant and vertuous King : he was the last King of this Land called Britaine till his time , for then it was , and not till then , named Anglia , and the men English men . Cadwallader went to Rome , and died there . 101 Athelstane was a valiant noble Prince : hee raigned 15. yeers , he brought this Land to be but one Kingdome againe , after it had beene divided into 7. neere 600. yeeres : he was Crowned at Kingstone , and buried at Malmsbury , Anno Dom. 940. 102 Edmund raigned 5. yeers : he was son to Athelslane , slaine , and buried at Glastenbury . 103 Eldred raigned 9. yeers : the Da●es were entred heer and opprest the people , and banished him : he was buried at Winchester . 104 Edwin raigned 5. yeeres , was crowned at Kingstone ; he was deposed for being an incestuous ravisher of his own kinswoman , & murdring hir husband . 105 Edgar raigned 16. yeers , he was brother to Edwin , ( by birth , but not by nature ) Edgar was crowned at Bathe : he was a vigilant , a valiant , and a pious Prince , he had a navie of 3000. ships ( as some have written ) to scowre the Seas from Enemies and Pirats , hee built , and repayred of Churches and Religious Houses , the number of 47. He took 8. petty Kings of Wales prisoners , and they Rowed him in his Barge on the River Dee , to his Parliament at Chester : buried at Glastenbury . 106 Edward raigned 3. yeeres , crownd at Kingstone , murdered by his mother in law , and his unnaturall brother Etheldred , buried at Shaftsbury . 107 Etheldred raigned 38. yeers , he caused all the Danes to be slaine , or expeld out of England , he was buried in St. Pauls London . 108 Edmond ( sirnamed Ironside ) raigned 2. yeers , Canutus King of Denmarke came with a mighty power of Danes , to revenge their Nations being banished & kild in the time of K. Etheldred , but Edmond and Canutus cōbated singly , with condition that the Surving Victor should have all the Kingdom : The Royall Combatants fought gallantly , till through many wounds , & much blou● lost , they fell both downe in each others armes , and embraced : Then they agreed , that the Kingdome should be divided into halfes between them , and the longest liver take all ; which agreement they lovingly kept till a Traytor named Edricus , murdered K. Edmond ; for the which the Danish K. Canutus , put Edricus to death with most grievous exquisite torments . 109 Canutus raigned 20. yeers , buried at Winchester , An. Dom. 1038. 110 Harold the first raigned 3. yeers . 111 Hardicanutus raigned 3. yeers : This King was given so much to excessive drinking , that hee dranke himselfe to death at Lambeth : in joyfull memory wherof the merry Hock Mondaies were kept ye●rly , with dancing , and friendly meeting of neighbours , which some ( that have beene mistakingly thought wise ) have judged to be Popery . 112 Edward , called the Confessor , raigned 23. yeers ; he freed this Land from Danish slavery , having no heire , gave his Kingdome by Will , to his Kinsman William Duke of 113 Normandy , but Harold● crownd himselfe King , and in the ninth month of his raign , Duke William came , kild , and unkingd King Harold . Thus ended the Raignes of the Britaines , Romanes , Saxons and Da●s in this Land , from the yeer of the Wo●lds Cre●●ion 2858. before the birth of Christ 1108. yeers , which was 1150. yeeres : then ( by Deed of Gift , some write by Conquest ) William the first came hither , after a bloudy battell , neere Hastings in Sussex , with the slaughter of 70000. men on both sides , the Norman Duke was crowned an English King on Christmasse day following : he had a troublous raigne 21. yeers . 115 William 2 ( sirnamed R●fus ) raigned 13. yeers , hee was slaine in Newforrest in stead of a Deere , as he was hunting , buried at Winchester . 116 Henry the first raigned 35. yeeres , in much vexation , he was buried at Redding . 117 Stephen raigned 19. yeeres , in continuall trouble ; buried at Feversham . 118 Henry 2. raigned 34. yeers , in much unquietnesse . One of his sonnes named Jeffrey was troden to death in a throng at Paris : also his son Henry he caused to be crownd King in his own life time , which afterward vext him much : and ( to loade him with more afflictions ) his wife , with his sonnes Richard and John , raysed Armes against him ; he died in France , buried at Fonteverard , 1189. 119 Richard the first , called Cor de Lion , raigned 9. yeers , slaine . 120 John raigned 17. yeers , some have written that he was poysoned by a Monke , others write , he surfeited with eating Peaches . 121 Henry 3. raigned 56. yeers , and after a long , tedious , and troublesome life , had the miraculous fortune to die in his bed . 122 Edward the first raigned 35. yeeres . 123 Edward 2. raigned 19. yeers , murdered at Barklay Castle . 124 Edward 3. raigned 50. yeers , was buried at Sheen● , 1378. 125 Richard 2. raigned 22. yeers , murdered at Pomfret Castle . 126 Henry 4. raigned 14. yeers , buried at Canterbury . 127 Henry 5. raigned 9. yeers , buried at Westminster , 1422. 128 Henry 6. raigned 37. yeeres , murthered in the Tower . 129 Edward 4. raignd 22. yeers , buried at Winsor 130 Edward 5. was never Crowned , raigned o● murdered . 131 Richard 3. raigned not 3. yeers , slaine . 132 Henry 7. raigned 23. yeers , buried at Westminster , 1509. 133 Henry 8. raignd 37. yeers , buried at Winsor . 134 Edward 6. raigned 7. yeers , buried at Westminster . 135 Mary raigned 5. yeers , buried at Westminst. 136 Elizabeth raigned gloriously 44. yeeres . 137 James raigned 22. yeers , a learned man , a Poet , a Poets friend , and a peaceable King , buried at Westminster . 138 Charles raigned 24. yeers , Beheaded . Scotland began to bee a Kingdome 339. yeeres before the comming of our Savior : it hath been neere 2000. yeers under 108. Kings . Anno Mundi 1641. Years before Christ 330. 1 FErgus raigned 25. yeeres , he was a gallant spirited man , and was drowned by storm & shipwrack , neer Carigfergus in Ireland . 2 Fe●harius raigned 15. yeers , murthered . 3 Mainus raigned 29. yeers , he died in peace . 4 Do●nadilla raigned 28. yeeres , lived and died peaceably . 5 N●●hatus raigned 20. yeeres , a wicked man ; he was killed . 6 Reutherus raigned 26. yeeres , a good King . 7 Reutha raigned 14. yeers , hee voluntarily left the Crowne , and lived private . 8 Thereu● raigned 12. yeeres , was banished by his subjects , died at Yorke . 9 J●●●●a raigned 24. yeers , in peace . 10 ●●●●●●anus raigned 3● . yeers . 11 Du●●u● raigned 9. yeers , a cruell tyrant ; he was slaine . 12 Evenus raigned 19. yeers , a just King . 13 Gillus raigned 2. yeers , he was bastard to Evenus , was cruell , was slaine . 14 Evenus 2. raigned peaceably 17. yeers . 15 Ederus raigned 48. yeers , a good King . 16 Evenus 3. raigned 7. yeeres , a wicked man , he died in prison . 17 Metellanus raigned 39. yeers , a good King . 18 Caractacus raigned 20. yeers , about this time our Saviour was borne . 19 Corbredus raigned 18. yeers , a good King . 20 Dardanus raigned 4. yeers , he was by his own subjects beheaded . 21 Corbredus 2. raigned 35. yeers , a good King . 22 Lugtharus raigned 3. yeers , he loved bloudshed and lechery , and was murdred . 23 Mogallas raigned 36. yeers , a good man at first , but turnd bad , and was murdred . 24 Conarus raigned 14. yeers , a tyrant , was deposed , died in prison . 25 Ethodius the first , raigned 33. yeers , murdered by an Irish Harper . 26 Satraell raigned 4. yeeres , by his owne servants hee was murdred . 27 Donald the first , and first Christian King of Scotland , in Anno 199. he raigned 18. yeers . 28 Ethodius the second , raigned 16. yeers , by his owne Guard he was murdred . 29 A●hrico raigned 12. yeeres , a wicked King ; for his bad life his Noble men did rise against him so furiously , that to escape them he kild himselfe . 30 N●●●alocus raigned 11. yeeres , a tyrant , and was murdred , and cast into a Privy . 31 Findocus raigned 11. yeeres , was murdered by counterfet Huntsmen . 32 Donald 2. raignd one yeer , he was slaine . 33 Donald 3. raigned 12. yeers , he was a tyrant , and slame . 34 Crathil●●hus raigned 24. yeeres , he delighted in goodnes , he advanced Christian Religion , he lived peaceably , and died in peace , Anno 277. 35 Fincormachus raigned 47. yeeres , hee was pious and couragious , died in peace . 36 R●machus raigned 3. yeeres , hee was a cruell tyrant , beheaded . 37 A●gusianus raigned 3. yeeres , a good King , and slaine in ●ighting with the Picts . 38 E●●h●macus raigned 3. yeeres , murdered by treason of an Harp●r . 39 Eugenius the first raigned 3. yeers , slaine by the Picts and Roman● , in battell ; and all the Scotch people were forced to forsake their Country 44. yeeres . 40 Vergus 2. raigned 16. yeers , he recovered his Country valiantly fighting with Romanes and Picts , yet at last was slaine . 41 Eugenius 2. raigned 32. yeers , he was a good King , and died peaceably . 42 Dongardus raigned 5. yeers , a just couragious Prince . 43 Constantine the first raigned 22. yeeres , murthered by one of his Lords , whose daughter he had ravished . 44 Congalus the first , raigned 22 yeers . 45 Goranus raigned 34. yeeres , a well governing Prince . 46 Eugenius 3. raignd 23. yeeres , a good King . 47 Congallus 2. raigned 11. yeeres . 48 Kinnatillus raigned one yeer almost . 49 Aidanus raigned 35. yeeres . 50 Kenelihus the first , raigned one yeer . 51 Eugenius 4. raigned 16. yeeres . These 8. wèere good and just Kings , and died naturall deaths : and among all the Chronicles of Scotland , so many Kings successively had not the like fortune . 52 Ferquard the first , raignd 12. yeer , a wicked man , he was cast in prison by his Nobles , where he kild himselfe . 53 Donald 4 raigned 14 yeers , a good King , yet by misfortune drownd in the River Tay , as he was fishing for his Recreation . 54 Ferquard 2 raigned 18 yeers , a bad man , an● a worse king : he was killed by the biti● of a Wolfe , as he hunted . 55 Malduin raigned 20 yeers , his wife was je●lous , and strangled him , for which sh●e w● burnt . 56 Eugenius 5 raigned 4 yeeres , slaine . 57 Eugenius 6 raignd 10 yeeres , a good King● 58 Ambirkelethus raigned little more then ● yeere , he was a vicious Prince , and be● bad was badly used , murdred , Anno 6●● 59 Eugenius 7 raignd 17 yeers , a good King , ●● died in peace . 60 Mordacus raigned 16 yeeres . 61 Etsinus raigned 31 yeers , both good Prince and died peaceably . 62 Eugenius 8 raigned 3 yeers , he was good● first , but hee changing his maners , his Nobles chāged their loyalties , & murdred hi● 63 Fergus 3 raigned 3 yeers , as chast as a Go● was poysoned by his wife . 64 Salvathius raigned 20 yeers , a discreet Kin● 65 Achaius raigned 32 yeers , hee was a goo● King , Charles the Great being then Emperour and King of France , this Scottish King made a League with France , which League was never broken or crackt , although it be almost 900 yeeres old . 66 Congallus raigned 5 yeers . 67 Dongallus raigned 7 yeares , was drowned in the River of Spey . 68 Alpinus raigned 3 yeeres , beheaded by the Scots . 69 Kenneth 2 raigned 20 yeers , for his valour and other Princely vertues , he attained the sirname of Great , hee quite overcame and slew all the Nation of the Picts , and left his Kingdome , ( as he died ) in peace . 70 Donald 5 raigned 5 yeers , a bad life founda bad death , for he kild himselfe . 71 Constantine 2 raigned 16 yeers , slaine , as he fought valiantly with the Danes . 72 Ethus raigned 2 yeers , a wicked Prince , hee died in prison . 73 Gregorius ( who by his prowesse wan the name of Magnus ) raigned 18 yeers . 74 Donald 6 raigned 11 yeers , a good King . 75 Constantine 3. raigned 40 yeers , he was a valiant man , but hee left his Crowne for a Cowle , and died a Religious Monke . 76 Malc●lme the first , raigned 9 yeers , a good King , yet murthered . 77 Indulfus raignd 9 yeers , a couragious Prince , slaine by Danes . 78 Dussus raigned 5 yeeres , was murthered , although a good King . 79 Cudenus raigned 4 yeeres , a vicious Princ● murthered . 80 Kenneth 3. raigned 24 yeeres , a tyrant , h● was murdred . 81 Constantine 4 raigned 2 yeers , an usurper , ●● was slaine . 82 Grimus raigned 8. yeers , a lewd Prince , ● was slaine . 83 Macolme 2. raigned 30. yeers , he was a v●tuous Prince , yet was murthered by ● chiefest Courtiers , who flying away to g● over a frozen River called Farfar , the l●● brake , and the murtherers were drown●● 84 Duncan the first raigned 6. yeeres , a goo● King , murthered . 85 Mackbeth raigned 17. yeers , a cruell tyrant killd . 86 Macolme 3. raignd 36. yeers , a good King , slain● 87 Donald 7. raigned not a yeere , expulst as a● Usurper . 88 Duncan 2. raignd one yeer , an usurper , slaine . 89 Donald 8. raigned 3. yeeres , he was taken by Egar , had his eyes put out , and died in prison lamentably . 90 Edgar raigned 9. yeeres , a good King . 91 Alexander the first , raigned 17 yeers , he was a valiant good Prince , hee was called Alexander the fierce . 92 David the first , raigned 29. yeeres , a worthy King , hee built 11. stately Religious Houses , died in peace at Carlisle , buried at Dumfermling . 93 Macolme 4. raigned 12. yeeres , a maiden unmarried King . 94 William raigned 49. yeers , for his courage sirnamed the Lion . 95 Alexander 2. raigned 35. yeers , a good King . 96 Alexander 3. raigned 17. yeers , died of a fall from a Horse . 97 John Baliol raigned 4. yeeres , Edw. 1. King of England deposed him . 98 Robert Bruce raigned 24. yeeres , a wise , valiant Prince . 99 David 2. raigned 40. yeeres , a good King , was a prisoner 12. yeers in England , 1310. At this time there was scuffling for the Crown , Robert Baliol had the possession , and David the second expeld him , their Raignes are uncertainely written . 100 Robert 2. was the first King of the name of Stuarts 1371. hee was a good King , raigned 19. yeeres . 101 Robert 3. raigned 16. yeeres , a good King , whose life was full of affliction , hiSonne Prince David was famished to death by rebells in Scotland , and his son James was 1● yeeres prisoner in England . 102 James the first , raigned 13. yeers , after hi● 18. yeers imprisoned in England , hee w● slaine by traytors . 103 James 2. raigned 24. yeeres , slaine . 104 James 3. raigned 29. yeeres , slaine at Ban● nockburne field . 105 James 4. raigned 25. yeeres , slaine at ●lod●don field . 106 James 5. raigned 29. yeeres , a good King . 107 Mary daughter to James 5. her raigne wa● sull of trouble , shee was beheaded at Fo●●ringham Castle , after 18. yeeres thra● dome . 108 James 6. raigned 36. yeeres in Scotland , ● most Learned peaceable King . England had 33 Kings before Scotland had any● the number of our Kings were 138 , whereof 2 ; did not die naturall deaths ; for 7 were slain , 6 were murdered , 4 were poysoned , one was burnt , 2 fled the Land , one was beheaded , one dyed with drinking , one was banished , and one● deposed . The Kings of Scotland were in number 108. whereof 21 were slaine , 19 murdred , 3 killed themselves , 4 died in prison , 4 beheaded , 3 drowned , 1 banish'd , and 3 deposed . Thus of all the Scottish Kings , onely 50 dyed naturally , and 58 by casualties . By this short relation may bee perceived that the top of Honour is slippery , and most unsure , where is not to be expected any sure footing , or endurance of standing . For the King of Kings , being the Great and only Disposer of Kings and Kingdomes , hath in his just indignation ( for the peoples transgressions ) turnd and overturnd Monarchies , Principalities , States and Common-wealths . The Assyrian Monarchy began with confusion , and mouldred away to the Persian . The Persian glory was swallowed in the ravenous Gulph of a Grecian Conquest . The Grecian ( like a violent Blaze ) was no sooner in but out , was graspt into the hands of the triumphant Caesars . The Roman Greatnesse overthrew it selfe , with its owne weight ; insomuch that whereas it formerly had all , it hath almost lost all . Our England hath had his share in changings and alterations : first , by the Britaines ; secondly , by the Romans ; thirdly , by the Saxons ; fourthly , by the Danes ; fifthly , by the Normans ; and now lastly , ( by the permission of God ) by our selves . There have beene Commonwealths translated into Kingdomes , as Israel and Judah , and Kingdomes turnd into Commonwealths ; Italy is now divided into more then one , nam●ly Venice , Genoa , Luca , Pisa ; Also the Sw●zers , or Helvetians , are a free State . So are● greatest part of the Netherlands . And since it● the Almighties unresistable will to change the Nations Rule and Government , from a 5. or●● times changed Monarchy , into a Republiqu● I will not repine against divine providence , b● as I was a faithfull servant and subject 45. y● to two Kings , ( who were good Masters to m● so now I must obey the present Government , ●● else I must not expect that I should live und● it , or be protected by it . FINIS . 
A59415	----	An account of the late establishment of Presbyterian-government by the Parliament of Scotland anno 1690 together with the methods by which it was settled, and the consequences of it : as also several publick acts, speeches, pleadings, and other matters of importance relating to the Church in that kingdom : to which is added a summary of the visitation of the universities there in a fifth letter from a gentleman at Edinburgh, to his friend at London. Sage, John, 1652-1711. 1693 Approx. 212 KB of XML-encoded text transcribed from 55 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A59415 Wing S284 ESTC R13590 13135655 ocm 13135655 97929 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A59415) Transcribed from: (Early English Books Online ; image set 97929) Images scanned from microfilm: (Early English books, 1641-1700 ; 750:17) An account of the late establishment of Presbyterian-government by the Parliament of Scotland anno 1690 together with the methods by which it was settled, and the consequences of it : as also several publick acts, speeches, pleadings, and other matters of importance relating to the Church in that kingdom : to which is added a summary of the visitation of the universities there in a fifth letter from a gentleman at Edinburgh, to his friend at London. Sage, John, 1652-1711. [8], 100 p. Printed for Jos. Hindmarsh ..., London : 1693. Errata: p. 100. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Presbyterianism. Scotland -- Church history. 2002-12 TCP Assigned for keying and markup 2003-02 Apex CoVantage Keyed and coded from ProQuest page images 2003-03 Olivia Bottum Sampled and proofread 2003-03 Olivia Bottum Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion AN ACCOUNT OF THE Late ESTABLISHMENT OF Presbyterian-Government BY THE Parliament of SCOTLAND Anno 1690. Together with the Methods by which it was Settled , and the Consequences of it : As also several publick Acts , Speeches , Pleadings , and other matters of Importance relating to the Church in that Kingdom . To which is added a Summary of the Visitation of the Universities there ; in a fifth Letter from a Gentleman at Edinburgh , to his Friend at London . Si tibi vitae nostrae vera imago sucourret , videberis tibi videre captae cum maximè civitatis faciem , in quâ , omisso pudoris , rectique respectu , vires in consilio sunt , velut signo ad permiscenda omnia dato . Non igni , non ferro abstinetur : Soluta legibus scelera sunt : Nec Religio quidem quae inter arma hostilia supplices texit , ullum impedimentum est ruentium in praedam , &c. Seneca de Benef. Lib. 7. Cap. 27. — Quid nos dura refugimus Aetas ? Quid intactum Nefasti Liquimus ? Unde manus Iuventus Metu Deorum continuit ? Quibus Pepercit aris ? Horat. Carm. Lib. 1. Od. 35. LONDON , Printed for Ios. Hindmarsh , at the Golden Ball over-against the Royal-Exchange in Cornhil . M DC XCIII . ADVERTISEMENT By the PUBLISHER TO THE READER . I Have ever thought that Justice and Candor require not only , that we should not utter any thing against our Adversaries which we know to be false ; but also that we should suppress nothing which we know would vindicate them , or extenuate that whereof they are accused ; and therefore , having come to the knowledge of a Particular , which escap'd the Author's Diligence at the writing of this Relation , I am satisfied it will be as grateful to him , as fair to our Adversaries to acquaint the Reader with it here . The thing is concerning Mr. James Kirton's taking the benefit of the Act of Parliament made in favour of the old Presbyterian Ministers , as is related p. 24 of this Book : and after a diligent Enquiry , made by my self and others , I find that that Account is true to a tittle from the beginning to the end of it . But that which I will not conceal , is , that Mr. Kirton having preached two Sundays in August 1690 , at Martin , and thereby secured to himself the Benefice from Whitsunday 1689 , was persuaded by Friends to give Mr. Meldrum , the Episcopal Minister , one half year of the Benefice of Martin . I designed to have told this in its proper place , p. 24 , but this was prevented , that Sheet being printed off sooner than I expected . THE CONTENTS . A Short Introduction . Pag. 1 Act of the Privy Council at Edinburgh , December the 24th 1689. Prohibiting all inferiour Iudges to give or Execute any Decrees in favour of such of the Episcopal Clergy , as had been thrust from their Charges by the Rabble before the 13th of April 1689. ibid. This Act furnishes a pretext to these , especially of the Western Shires , where Rabbling had most prèvailed , to refuse Payment for what was due of the year 1688 , and preceding years . p. 2 The misery , this Act reduced the Clergy to , induced them to endeavour to have it Repealed or favourably Explained , but their endeavours are in vain . p. 3 The Parliament meets April 25 , 1690. Their first Act rescinds the first of the second Parliament of King Charles the Second , 1669. Entituled , Act asserting His Majesties Supremacy over all Persons , and in all Causes Ecclesiastical and Civil . p. 4 , 5 The thorough pac'd Presbyterians nickt , for this rescissory Act does not reach many other Acts , which assert the Supremacy to a degree inconsistent with their Pretensions ; yet it encourages the Presbyterians to go on , and ask an intire settlement of their whole Scheme . ibid. The Address they presented to the Commissioner , and the Estates of Parliament . p. 6 , 7 , 8 , 9 Remarks upon this Address . p. 10 , 11 The Case of the Presbyterian Ministers , who after the first of January 1661 were turned out of the Churches they then possessed , and the Act restoring them . p. 12 , 13 The Account upon which these Presbyterian Ministers were by Act of Parliament 1662 put from the Churches , which they possest ; was their refusing to give obedience to the Law requiring them to take Presentations to their Churches from their lawful Patrons . p. 14 , 15 , 16 , 17 The Act Entituled an Act concerning such Benefices and Stipends as have been possest without Presentation from the lawful Patrons : For Non-compliance with which the Presbyterian Ministers were outed 1662. p. 18 , 19 That Act justified . p. 20 An Account of the Act of the Privy Council at Glasgow in pursuance of the foresaid Act of Parliament . p. 21 The severity of the Act restoring the old Presbyterian Ministers : by it the Episcopal Incumbents were not only ejected out of their Benefices , but deprived of a whole years Rent , for which they had served the cure , without any ground of hope to be provided of other Churches , and this notwithstanding their Compliance with the Government . p. 22 , 23 The rigorous Execution of this Act ; Instances of this . p. 24 , 25 An Account of the Act Ratifying the Confession of Faith , and settling the Presbyterian Government . p. 26 The Arts used to prepare the Parliament for this Act : For this end the Press employed , and Pamphlets published recommending Presbytery , and disgracing and defaming Prelacy , Speeches made by the High Commissioner and President of the Parliament . p. 27 , 28 , 29 The Pulpit tun'd to serve their design , with an Account of such Sermons as were Printed . p. 30 to 36 Endeavours of the Zealots for promoting the Good old Cause , and of their Agents and Pensioners . p. 36 An Account how the Act was prepared , debated , voted ; List and Account of the Committee nominated for Church Affairs , to whom this Act was recommended . p. 37 , 38 The Act as it was made a Law. p. 39 , 40 , 41 The Confession of Faith read in the House and ratified ; the Ratification of the Directory and Catechism , required in the Presbyterian Address , and yet these not mentioned in the Act. 42 , 43 , 44 Act 2. Parl. 2. Car. II. Entituled Act acknowledging and asserting the Right of Sucession to the Imperial Crown of Scotland repealed in this Act establishing Presbytery . Sir James Montgomery of Skelmurly reasons for repealing the Act. The Duke of Hamilton and Lord Staires reason against repealing it . Reflections made out of the House upon the repealing the Act about Succession . 45 , 46 That Article of the Act establishing Presbytery which puts the Government of the Church entirely in the hands of the known , sound Presbyterians considered . 47 Those Episcopal Ministers , who had given obedience to the Civil Government , petition the Parliament against that Article , and beg to be allowed a share in the Ecclesiastical Iurisdiction . ibid. & 48 Their Petition presented , and back'd by the Duke of Hamilton , and yet rejected with Scorn . ibid. Mr. Ross , a Member of the House , proposes , that those Presbyterian Ministers , who had been deposed by their own Ecclesiastical Iudicatories , before the Re establishment of Episcopacy , An. 1662. might not be included in the number of those sound Presbyterians in whose hands the Government was to be established in the first Instance : this Proposal rejected . 49 Duke Hamilton reasons against putting the Government solely in the hands of those known , sound Presbyterians , but without Success . ibid. The Kng's Power in Ecclesiastical Matters debated in Parliament . 50 The Petition of the Episcopal Ministers , who were thrust from their Churches by force and violence of the Rabble , in December 1688 , or at any time thereafter before the 13th . of April 1689. 52 , 53 , 54 , 55 , 56 The Article concerning the Rabbled Clergy considered , and three Amendments the Duke of Hamilton procured to be made in it . 57 , 58 , 59. Proposal , that such Ministers as had not free access to their Churches , and so could not obey the Proclamation of the Convention , April 13. upon the day appointed , but were willing to obey when they should have access , might be excepted out of the number of those who were to be declared deprived of their Benefices , rejected . ibid. Reasons of the Duke of Hamilton , that the Deed of the Rabble might not be ratified , i. e. that those Episcopal Ministers , who had been forced from their Benefices by the Fury of the Presbyterian Mobb , might not for that be deprived . 60 The Petition of the Rabbled Clergy presented , and back'd by the Duke of Hamilton , but rejected without being read , and the Article approved . 62 The Duke resents the approving the Article , and leaves the House . 63 In his absence the Act is voted in cumulo , and receives afterward the Royal Assent . ibid. & 64 Remarks on the Commissioner's behaviour . ibid. The Consequences this Act produced , 1. Thanks . 2. Printed Sermons . 3. Presbyterian Ministers got Plurality of Benefices , vacant by the ejection of so many Episcopal Ministers by that Act , Instances of this . 65 , 66 , 67 The Duke of Hamilton and some other Councillors procure a Gift of a Year's Revenue of their own Benefices , to some of those Episcopal Ministers , who had been turned out by the Mobb . Restrictions the Presbyterian Lords got put on this . 68 , 69 The Petitions of many of those Ministers rejected by the Privy Council . The Case of Mr. Skeen Minister of Dunsyre . 70 to 77 Draught of an Act , given in by the Earl of Linlithgow , that a Toleration might be granted to those of the Episcopal Persuasion , to worship God after their own Manner ; and particularly , that those who were inclined to use the English Liturgy , might do it safely . 77 This rejected . The Party , especially the Preachers , incensed at the design , and in their Sermons declaim vehemently against it . ibid. Patronages abolished , and a new strange Model of electing Ministers established . 78 Act of Parliament , prohibiting those Ministers who were deprived by the Committee of Estates , and by the Privy Council , An. 1689. for not reading in their Pulpits the Proclamation against owning the late King Iames , and not praying publickly for William and Mary , as King and Queen of Scotland , to exercise any part of their Ministerial Function , till they swear and subscribe the Oath of Allegiance , and also engage themselves under their hands , to pray for K. William and Q : Mary , as King and Queen of Scotland , and not to own the late King James VII . for their King in any sort . 79 , 80. They are likewise obliged to subscribe a Declaration called a Certificate of Assurance , which explodes the distinction of a King de facto and de jure . 81 They do not comply , but for sometime cease from the publick Exercise of their Ministry . 82 After some time they begin again to exercise their Ministry in their own Houses ; the Presbyterian Preachers perplexed at this , and move the Privy Council to prosecute them . 83 Instances of Episcopal Ministers prosecuted upon this account . ibid. The Presbyterians attempt to obtrude a Presbyterian Preacher on the Parish of Errol . A Tumult upon that account . 84 Dr. Nicolson indicted , and libelled before the Privy Council . The Narrative of his Libel , with the cause why this Narrative is inserted . 85 , 86 , 87 , 88. A short Account of the Visiting the Universities . 89 to 95 The Proclamation of April 13. 1689 , against owning the late King James , and appointing publick Prayers for William and Mary , King and Queen of Scotland . 95 , 96 The Speech of William Earl of Crawfurd , President to the Parliament of Scotland , April 22. 1690. 97 , 98 , 99 , 100 SIR , ALTHOUGH I am satisfied , that the Papers already in Print concerning the Persecutions , the Episcopal Church in Scotland has suffered of late , do furnish matter enough to move the Compassion of a Friend , and glut the Malice even of the most inveterate Enemy ; yet finding by your last , that you earnestly desire to know more about them ; and not being able to resist your Importunity , I have been at the pains to send you this following Account . The former Relation , as I remember , brought things no farther down , than that Act of Privy Council , dated December 24. 1689. by which all Inferiour Judges within the Nation , were prohibited to give Decrees in favour of such of the Clergy , as had been thrust from their Charges by Tumult and Rabble , before the 13th of April preceding . Notwithstanding you have that Act in Print already , yet being it must give the Rise of this brief Supplement , I shall here again transcribe it . An ACT of COUNCIL , At EDINBURGH , Dec. 24. 1689. THE Lords of His Majesties Privy Council , considering , that by the ●ot of the Meeting of Estates of the date the thirteenth day of April last , there is a difference made betwixt the Ministers then in possession , and exercise of their Ministry , at their respective Churches , and those who were not so . And that the Case of the Ministers who were not in the actual exercise of their Ministerial Function , the thirteenth day of April last , lies yet under the consideration of the Parliament , and lest in the mean time they may call and pursue for the Stipends ( alledged ) due to them , or put in execution the Decrees and Sentences already obtained at their instance for the same , before the Estates of Parliament can meet , and give the determinations in the points . Therefore the said Lords of Privy Council , finding that the Case foresaid depending before the Parliament is not obvious to be cognosced upon , and decided by the Inferiour Iudges , but that the same should be left entire to the decision of the Parliament , have thought fit to signifie to all Inferiour Courts and Ministers of the Law , that the matter above-mentioned , is depending before the Parliament , to the effect they may regulate and govern themselves in the judging of all Processes to be intented before them upon the said matter , or in executing the Sentences already pronounced thereupon , as they will be answerable . Sic subscribitur , Crawford , I. P. D. S. Con. No sooner did that Act pass , than Copies of it were instantly sent by the Councils Order , to all Inferiour Judges , within whose Jurisdictions those Parishes lay , from which the Ministers had been forced before that 13th of April , so fatal to our Clergy : And forthwith a stop was put to the Course of Justice . For generally , those who were liable to pay the Tythes in the Western Shires , where Rabling had most prevailed , refused to pay one Farthing of what was due for the year 1688. or any years preceding ; having for them the pretext of this Act of Council : Neither would the Judges grant Sentences in favour of any such Ministers , as had the hard fortune to stand in these unlucky Circumstances . And indeed it was no wonder , if the Judges were shy to meddle with such an Act ; considering on the one hand , how darkly and indistinctly it was worded ; and on the other , how ticklish the Times then were ; and how natural it was for the Council , to have turned them out of their Places , if they had chanced to give it an Interpretation ( however consonant with the Rules of Justice ) unsuitable to the designs of the Government . No man , I think , needs to doubt but this Treatment seem'd grievous enough to the poor Sufferers . They had entered to their respective Churches according to Law. They had never been summoned to appear before any Court , Ecclesiastical or Civil ; nor tryed , or convict of any Crime or Scandal that might infer a Deprivation . Only they had been thrust from their Stations by lawless force and violence ; a thing so far from being Criminal in them , that it rather ought to have engaged the Government , to have taken particular care for their Redress and Restitution . What then may be thought of this precluding them the benefit of the Common Law , for what was uncontrovertibly due to them ? Especially considering , that most of them had numerous Families ; and not one of twenty , any Stock of his own ( besides his Benefice ) wherewith to maintain them ? Hard enough sure . Well . Necessity , you know , Sir , is a rigorous Taskmaster , and puts one upon all imaginable Shifts to be eased of its burthen . And so it is not to be doubted , but these poor men would bestir themselves as effectually as they could , to have that Act , if not repealed , at least explained and made more favourable : as indeed they did ; but without success . For though some Consellors ( such as the Duke of Hamilton , in whose absence the Act was made ) were inclin'd to do them Justice ; yet at that time the Earl of Crawford , and the Lord Cardrosse , ( two Lords , who had some reason to commiserate the needy ) and their Adherents of the Presbyterian Party , made greatest numbers at the Council Board ; and they had made the Act , and so they would not so much as hear of admitting it to a new deliberation . This , as soon as they knew it , made the afflicted Ministers ( though they had prepared their Petition ) quite give over the design of addressing to the Council , and betake themselves to the last Remedy , Patience , till the Parliament should meet , to which their Case by the Act of Council was refer'd . I have hitherto given you but a very slender account of this matter ; but if you will be pleas'd to read on , you shall have what may satisfie you before I have done . Now proceed we strait to the Parliament : In the mean time , I must tell you , that it is no part of my present undertaking , to meddle with any thing , but what concerns the Church or the Clergy . And even of that too , you are not to expect the most perfect account . The Parliament met upon the 15th of April 1690. And the first thing they did in relation to the Church , was the Abolition of the Kings Supremacy in Ecclesiastical matters . But alas , the thorough-pac'd Presbyterians were sadly nick'd in that matter ; for it was only the Act which was made Anno 1669. that was rescinded ; and other Acts that asserted the Supremacy to a degree entirely inconsistent with the Prerogatives of the Kirk , were kept in force and unrepeal'd . At least , this I am sure of , Mr. Andrew Melvill , a great Promoter , if not the first Parent of Presbyterian Parity in Scotland , and Mr. David Black , and such antient Worthies of the Sect , reckoned them intolerable , when they called them , the Bloody Gullies of Arbitrary Power ; [ i. e. the Cut-throat Knives . ] But that 's no great matter ; only one thing let me add further concerning the first Act , which is , that it founds the Repeal of that Sixty Nine Act upon this reason , that , That Supremacy was inconsistent with the Establishment of the Church-Government ( not now in being , for Presbytery was not erected till six Weeks after ; But ) now desired ; which what sense it may make in Law or Politicks , it is not my purpose to enquire . But I remember many thought then , that it was a pretty odd fetch in common reason to abolish that Act , because the Supremacy , as explained in it , was inconsistent with what had no real Existence , but only an imaginary one in the desires of a Party . But however that was , The making this Act , was an encouraging Step to the Presbyterian Ministers : for no sooner had they found by this , that their Party was strongest in the Parliament , than they presented their Petition to it , craving an entire Settlement of all their new and peculiar Scheme : which Petition , because it was of so considerable consequence , and so far as I can learn , though twice published here , yet never reprinted in England , and so perhaps you have not had occasion to consider it ; I will here set down , and give you some short Animadversions upon it . To His GRACE His MAJESTIES High-Commissioner , and to the Right Honourable , the Estates of Parliament . The Humble ADDRESS of the Presbyterian Ministers and Professors of the Church of Scotland , Sheweth , THAT as we cannot but acknowledge and adore the Holy and Righteous Dispensation of the Lord in all the great and long continued Afflictions , wherewith he hath afflicted us for our sins ; so we are not a little filled with admiration at the great and wonderful Providence of our Most Gracious God , who alone doth great Wonders , for his Mercy endureth for ever : That at such a Time , when our strength was gone , and there was none to deliver , He mercifully stirred up that Pious and Magnanimous Prince William , then Prince of Orange , now by the good hand of God Our Gracious Soveraign , to Espouse the Interest of the Protestant Religion , and of the afflicted Ministers and Professors thereof in these Kingdoms , and hath blessed him in so Heroick and Noble an Undertaking with agreeable success : As also , hath raised up your Lordships , our most Noble and Honourable Patriots , to joyn heartily with His Majesty , in appearing zealously for securing of the Protestant Religion in this Kingdom , and for what may tend to the better establishment thereof in all its concerns ; and in evidencing your just Indignation against the Corruptions of Church and State , in your Lordships Claim of Right : And particularly by freeing us of the Yoke of Prelacy , and of the undue Powers , and Ecclesiastical Supremacy in Church Matters , formerly established in the Supreme Magistrate . And these your Lordships zealous beginnings for appearing for the interest of the Protestant Religion , and Professors thereof , have been , and are great matter of joy to our hearts , and of blessing and magnifying our Lord and Master in your Lordships behalf : So they are a door of hope to us , and to all that love the true Reformed Protestant Religion in this Land , That his Grace , His Majesties High Commissioner , and this Honourable Court of Parliament , will in your Station , go on zealously in your work of purging this poor oppressed Church , from all Corruptions brought into it , by Ambitious and Covetous Church-men , who sought their own things , but not the things of Iesus Christ ; and from all the sad Consequences , which have followed upon the Erecting of Prelacy ; such as were the driving several hundreds of Ministers all at one time out of their Churches , without either accusation or citation ; and the filling of their places with Ignorant and Scandalous Persons ( which His Majesty is Graciously Pleased to Notice in his Declaration for Scotland , as an occasion of all this poor Churches Miseries , and from which unsupportable Sufferings , He declared His Resolution to relieve and rescue us , ) And we may add , with many also erroneous and unsound in the Faith , Enemies to the Reformation , and who have now appeared disaffected to the present Civil Government ; as also framing of a numerous train of severe Laws , severely Executed both on Ministers and People of all degrees ; so for that even while we were counted and treated as Sheep for the slaughter , we might not Petition or Complain , without rendring our selves highly Criminal by the Laws and Acts then made . All which , we hope , the Commissioner his Grace , and your Lordships in this present Parliament will take to your serious Consideration , and will free this poor oppressed Church from such Oppressors and Oppressions , and settle it again upon the right Foundations of Government and Discipline , agreeable to the Word of God , and Established in this Church by Law , near an hundred years agoe . Which settlement , we are confident , will prove the best remedy of all our otherways incurable distractions , and the mean of quieting and uniting the whole Country , in a joynt and firm Opposition against all His Majesties , and your Lordships Enemies . We therefore , His Majesties most Loyal Subjects , and your Lordships most humble and dutiful Servants in Christ , Humbly beseech the Commissioner his Grace , and Honourable Estates of Parliament , seeing the Kings Majesty hath Declared , and your Lordships with him , have Zealously appeared for the Protestant Religion , you will be Graciously Pleased , by your Civil Sanction , to Establish and Ratifie the late Confession of Faith , with the larger and shorter Catechisms ( which contain the sum and substance of the Doctrine of the Reformed Churches ) The Directory of Worship , and Presbyterial Church Government and Discipline , all agreeable to the Word of God , and formerly received by the general Consent of this Nation . And seeing Prelacy , and all who have entered under Prelacy , have been imposed upon the Church , without her Consent , in any of her free General Assemblies ; and that Presbyterial Government , cannot be secure in the hands of them , who are of contrary Principles ; Therefore we humbly Petition that the Church-Government may be Established in the hands of such only , who by their former Carriage and Sufferings have Evidenced , that they are known sound Presbyterians , and well affected to His Majesties Government ; or who , hereafter shall be found to be such , ( which are hopeful by the Grace of God , shall be managed with such Christian Prudence , Moderation and Tenderness , as shall leave no just matter of Complaint to any ) and that not only these Ministers yet alive , who were unjustly thrust from their Churches , may be restored thereto ; and these Parishes and Flocks at that time , no less violently imposed upon , may be freed from Intruders ; But also , all other Presbyterian Ministers , who either are already , or may be , by respective Flocks orderly called hereafter , may have access to be settled in Churches after the Presbyterian way , as they shall be Ecclesiastically approved and appointed , and may have your Lordships Civil Sanction added thereunto . And we also Request , that the Church thus Established may be allowed by your Lordships Civil Sanction , to appoint Visitations for purging out insufficient , negligent , scandalous and erroneous Ministers . And seeing Patronages which had their Rise in the most corrupt and latter times of Antichristianism have always been a great grievance to this Church , as the source and fountain of a Corrupt Ministry , That these may be Abolished ; And that the Church may be Established upon its former good Foundations , Confirmed by many Acts of Parliament , since the year one thousand five hundred and sixty . And that all Acts contrary to this Government , that ratifie Ceremonies , and impose Punishments on Presbyterians for Non-conformity , and for Worshiping of God according to their Principles , may be Abrogate . And as a good and necessary mean for preserving the Purity of the Church , your Lorships take care that Learned , Sound and Godly Men be put in Universities , and Seminaries , of Learning ; ( humbly submitting to your Lordships Wisdom the method of considering and effecting these our desires ) . Thus all things being done for the House of the God of Heaven , according to the Commandment of the God of Heaven , by your Lordships pious and wise managing these Affairs of the Church of Christ : This poor , long oppressed , and tossed Church ; may at length , through God's Blessing , arrive at a safe and quiet Harbour ; and the true Honour and Happiness of His Majesty and your Lordships , as the signal Nursing Fathers of the Church of Christ in this Land , may be advanced and continued to future Generations : And so the Blessing of the Church that was ready to perish , may remain still upon His Majesty and your Lordships . And your Lordships Petitioners shall ever Pray , that God may Bless and Protect the Persons of Their Majesties King William and Queen Mary long to rule and govern this Nation , and your Lordships under them . This Petition word for word ( unless it was in one or two Sentences ) had been presented by them to the Parliament the year before ; ( for a man may be against set forms in their Petitions to God , yet for them in Petitions to Parliaments ) while the Duke of Hamilton was Commissioner , but his Grace was no ways pleased with it for several Reasons , but principally that they craved , that the Church Government might be Established in the hands of such only who by their former carriage and sufferings had evidenced , that they were known sound Presbyterians . For what was this ( said his Grace ) but to pull down one sort of Prelacy , and set up another in its place ; to abolish one that was consistent and intelligible , and establish another that imply'd Contradictions ? And indeed there was no answering this difficulty . For there were but about fifty or sixty such Ministers alive in the whole Nation ; And it was craved that the Government of the Church should be Established in their hands in the first Instance ? which what was it else but instead of fourteen Prelatical , to give us about fifty or sixty Presbyterian Bishops ? But such was the posture of their Affairs at that time , that there was no other way they could see for securing their Interest , and so they made Necessity Justifie a little Nonsense ; and this year they had a more favourable Commissioner to deal with , the good Earl of Melvill . But then there is a great deal of considerable stuff in it . For observe , I pray you , the charitable judgment they make of the Bishops and Episcopal Clergy . All the distractions have been in this Kingdom will continue still incurable , unless this poor oppressed Church be purged from all Corruptions brought into it , by ambitions and covetous Church-men , ( it is well they are allowed to be Church-men ) who sought their own things , but not the things of Iesus Christ. And with whom were the Churches filled when Prelacy was erected , and the Presbyterian Ministers turn'd out ? With ignorant and scandalous Persons , nay with many erroneous , and unsound in the Faith , and Enemies to the Reformation , and till the Church is freed from these Oppressors , and Oppressions she can never be right , is not all this charitably said ? Yet this is not the worst of it . For , consider the whole strain of the Petition , and they are the only Protestants of the Nation ; For if we may believe them . God stirred up the Prince of Orange to espouse the Interest of the Protestant Religion , and of the afflicted Ministers and Professors thereof . And yet I am very sure many will confidently affirm he did not espouse ( at his first coming to Britain at least ) the Interest of the afflicted Ministers of their Persuasion in Scotland . Further , God raised up their Lordships ( the Members of Parliament ) their most noble and honourable Patriots to prejoyn heartily with His Majesty in appearing zealously for serving the Protestant Religion in this Kingdom , and for what may tend for the better Establishing of it in all its concerns . Now what is all this , but that though King Iames had given a Toleration to the Presbyterians , yet that put them only in a very weak , uncertain , and arbitrary State , and they could not be well enough till they had a legal Establishment Exclusive of all Popish Prelates , and their Adherents . And not only so , but the steps the Parliament have already made , have opened a door of hope to them , and to all that love the true Reformed Protestant Religion in this Land , that they will go on zealously , &c. Which words are not capable of another sense than this , that whosoever is not Zealous against Prelacy and for Presbytery , is not a Lover of the true Reformed Protestant Religion . There are a great many other things in this Petition which deserve their proper Remarks ; but I will not take notice of them any more , but as they fall in naturally in the progress of this Paper , and then they shall be considered : The first of which , shall be the Case of the Presbyterian Ministers who were turned out of these Churches , they possessed , after the first of January , 1661. Where in this Petition you see the great injury which was done them is mightily aggravated : Several hundreds of them , all at one time , were driven out of their Churches , without either Accusation or Citation . And this was so palpable a Persecution , so manifest an Effort of Oppression and Tyranny ; That His Majesty was graciously pleased to take notice of it in his Declaration for Scotland , 1688. which 't is very true he did , for his words are : That the Dissenters in Scotland have just cause of distrust , when they call to mind , how some hundreds of their Ministers were driven out of their Churches , without either Accusation or Citation . Nay our Petitioners are at it again , in another place of the same Petition , and Crave ; That these Ministers who were unjustly thrust from their Churches may be restored thereto ; and these Parishes and Flocks , at that time no less violently imposed upon , may be freed from Intruders . This case , I say , I shall in the first place consider ; because it was the first thing in the Petition , which was redressed by the Parliament . For within a day or two after this Petition was presented , this Act was made , which I have transmitted to you . ACT restoring the Presbyterian Ministers , who were thrust from their Churches since the first of January , 1661. April 25. 1690. Forasmuch , as by an Act of this present Parliament , relative to , and in Prosecution of the Claim of Right , Prelary and the Superiority of Church-Officers above Presbyters , is abolished ; and that many Ministers of the Presbyterian Persuasion , since the first of January , 1661. have been deprived of their Churches , or banished for not conforming to Prelacy , and not complying with the Courses of the Time. Therefore their Majesties with the Advice and Consent of the Estates of Parliament , Ordain and Appoint that all those Presbyterian Ministers yet alive , who were thrust from their Churches since the first day of January , 1661. or Banished for not conforming to Prelacy , and not complying with the Courses of the Time , have forthwith free access to their Churches , and that they may presently exercise the Ministry in those Parishes , without any New Call thereto ; and allows them to brook and enjoy the benefits and stipends thereunto belonging and that for the whole Crop 1689. and immediately to enter to the Churches and Manses , where the Churches are vacant , and where they are not vacant , then their entry thereto is declared to be the half of the Benefice and Stipend , due and payable at Michaelmass last , for the half year immediately preceeding betwixt Whitsunday and Michaelmass : Declaring that the present Incumbent shall have right to the other half of the Stipend and Benefice payable for the Whitsunday last bypast : And to the effect that these Ministers may meet with no stop or hinderance , in entring immediately to their Charges , the present Incumbents in such Churches are hereby appointed upon intimation hereof to desist from their Ministry in these Parishes , and to remove themselves from the Manses and Glebes thereunto belonging , betwixt and Whitsunday next to come , and that the Presbyterian Ministers formerly put out may enter peaceably thereto . And appoints the Privy Council to see this Act put in Execution . Which Act you see uses the same colours for representing the odiousness of the usage these Presbyterian Ministers had receiv'd , that the Declaration and the Presbyterian Petition had made use of before , especially in the statutory part , where it says in express terms , that they were thrust from their Charges , ( which can import no less than Force and Violence in opposition to Law and Iustice , it calls the Churches from which they had been thus thrust , their Churches ) : As if notwithstanding their dispossession they had still continued to have a Title good in Law , and it restores them forthwith to the exercise of their Ministry in their Parishes , without any New Call thereto ; Each of which singly , much more altogether make it evident , that this their restitution was intended by the Parliament not as an Act of Favour , but of Justice , as if these Ministers had been unjustly and illegally dispossess'd , and now Sir. When all these things are laid together , so solemn a Declaration , the Presbyterian Ministers so earnest Petition , and the Parliaments so publick an Act , all conspiring to represent that matter so very odious and unjust , I hope it shall not be displeasing to you , if I shall endeavour briefly to set it in its due light . It is true indeed a good many of these Ministers were dispossessed Anno 1662. how many , I confess I cannot tell exactly , but I doubt much if they were so many as they are commonly said to be . I shall likewise grant , that they were dispossessed without either Accusation or Citation . Herein I acknowledge they speak truth , and yet I doubt if you shall find so much as one jot of iniquity in their dispossession when it is considered impartially . The case was truly this , As before the Reformation of Religion in this Kingdom ( which as to its Legal Establishment is variously dated , some reckoning from the year 1560. others from 1567. ) Patronages of Churches in this Kingdom were in force ; so when the Church was reformed , ( notwithstanding of all the Changes which were then , and have been since ) our Law did still continue them , and no man was ever judged to have a Legal Title to any Church or Benefice ; unless he had a Presentation from the Patron , and a Collation from the Bishop , whilst Episcopacy was the Legal Establishment ; which it continued to be for many years after the Reformation , without interruption : or from a Presbytery after Presbyterian Government began to prevail . And as this was still our Law without any shadow of interruption , so it was likewise the constant Practice of the Nation , not only before the late Presbyterian Rebellion against King Charles the First commenced , but even for a good number of years after , that is , till about the year 1646. or 1647. when the Rebellion by Divine Permission turn'd prosperous , and the Kings Affairs were reduced to a very low ebb , and the Presbyterian Interest was in a very flourishing condition : till that time I say , Presentations by Patrons to Churches were in constant practice ( as well as warranted by Law ) in this Kingdom . But then indeed the Kirk-men , sensible of their strength , began to adventure amongst other illegal Usurpations ( to say no worse ) to take upon them the disposal of Churches and Benefices , by bringing that Cheat , which they called Popular Elections , in Vogue , and Presentations by Patrons in desuetude . I call Popular Election a Cheat ; for in effect it was no other : and the poor deluded Populace had no more true Power than before , and Ministers were as much impos'd on them then as ever , as might easily be made appear , not only from the common Methods were then taken in managing Elections , but also from the express Limitations and Restrictions with which even the General Assemblies clog'd them . However the sound of the Name , for a while , enchanted the unthinking multitude ; and the Party had a turn to serve by it : and so it was push'd on with a great deal of Zeal in many places , without any considerable opposition ( as indeed who durst then adventure to oppose what the Ministers were for ) . The Party thus finding their Strength successful in so many single instances , gathered suitable degrees of Courage ; and pursued their design so effectually , that at last they got Patronages abolished , and Popular Elections set up by a certain Meeting of some Noblemen , Gentlemen and Burgesses , who were pleas'd to call themselves a Parliament Anno 1649. And this Act of that pretended Parliament , if it even deserves that Name , was all the pretence of Law that ever was for Popular Elections in this Church since the Reformation ; but it was enough for the then Kirk ; any shadow or colour of a Pretext , being still both Law and Gospel to them , when it makes for their purpose . And accordingly all the Ministers who were setled in any Churches after that time , till the happy Restitution of the Monarchy , that is for eleven or twelve years , were promoted after this new method . No man , I think , can doubt but this was a palpable encroachment upon the rights of Patrons , and a trampling on Law , and by consequence a thing that called loudly for redress , when the King was restor'd , and the Government began to turn upon its proper hinges , and so no wonder if the first Parliament which was called by His Majesty took notice of it , as indeed they did , in their first Session which was holden Anno 1661. for in that Session two Acts were made which demonstrate , that the Parliament still look'd upon Patronages as subsisting by Law , notwithstanding the illegal interruption which had been made by the Act of the pretended Parliament in 1649. For instance in Act 36. 1. Parl. Ch. 2d . Session 1. it is statuted , and ordain'd , That all Patrons shall be carefull in time coming to grant Presentations only to such as shall give sufficient evidence of their Piety , Loyalty , Literature and Peacable Disposition , and who before they receive the Presentation shall take the Oath of Allegiance , &c. And in that same Act it is narrated : That the King's Majesty has given a Commission , under the great Seal , as to all Presentations , to all Parsonages , Vicarages , and other Benefices , and Kirks at His Majesties Presentation : And all this without so much as once taking notice of that Act 1649. And the 54th . Act of that same first Session is altogether in favour of Laick Patrons . Now both these Acts , I say , were made Anno 1661. and so , before Episcopacy was restored , which was not till May 1662. which I observe , because , our present Presbyterians in their so often named Petition make the turning out of their Ministers Anno 1662. one of the sad consequences of the erection of Prelacy . For seeing the Parliament before the Restitution of Prelacy had considered Patronages as still subsisting by Law ; as is evident from these two Acts. 'T is evident if they were to Act consequentially they could not forbear to make some such Act as was made Anno 1662. ( of which I shall instantly give you a further Accompt ) though Episcopacy had never been Established . Nor can there be any imaginable difficulty to any man in this matter unless it be made a question , whether the Parliament when they thus supposed Patronages as still subsisting by Law made a just supposition . But that I think may be very soon determined : For as I have said all the old Laws of the Kingdom were positive for Patronages ; only that Act of the pretended Parliament Anno 1649. could be pleaded for popular Elections ; and what a Parliament was that ? A Convention of Rebels , who had presumed to meet without being called by any Authority , except what they Treasonably assum'd to themselves . For all the World knows that King Charles the I. at that time was dead , I need not tell you how ; and King Charles the II. was not within his Dominions , and was so far from calling that Parliament , or being present himself , or having any Commissioner or Representative at it , that I doubt much if he knew that there was such a meeting till it was Dissolved . All which ( and many more such nullities , which for brevity I forbear to mention ) was so recent and notorious , Anno 1661. That the Parliament , tho it casted and annulled all the Acts of the pretended Parliament holden in the years 1640 , 41 , 44 , 45 , 46 , 47 , 48 , by its 15th Act , yet did not so much as make the least mention of that Meeting in the 49th , not thinking it worthy of the Name , so much as of a Pretended Parliament . For which , whether they had not reason , I leave to the World to judge . But to proceed . The Parliament having laid such a foundation , An. 1661. and continuing to act consequentially Anno 1662. They made an Act about the middle of May , which because it so distinctly clears the whole matter in its Narrative , I have transcribed at large . ACT concerning such Benefices and Stipends as have been possessed without Presentation from the lawful Patrons . THE Kings most Excellent Majesty , being desirous that all his good Subjects may be sensible of the happy effects and fruits of the Royal Government , by a free , peaceable , and easie enjoyment of their due interests and properties under his protection . And that in his Restitution they may find themselves restored to those Rights which by Law were secured unto them , and by the violence and injustice of the late troubles and Confusions have been wrested from them : And considering that , notwithstanding the right of Patronages be duly setled , and established by the ancient and fundamental Laws , and Constitutions of this Kingdom , yet divers Ministers of this Church , have and do possess Benefices and Stipends in their respective Cūres without any right or presentation to the same from the Patrons . And it being therefore most just , that the lawful and undoubted Patrons of Kirks be restored to the possession of the Rights of their respective Advocations , Donations , and Patronages . Therefore his Majesty with advice and consent of his Estates of Parliament doth statute and ordain , That all these Ministers who entered to the Cure of any Parish in Burgh or Land within this Kingdom , in or since the year 1649. ( at and before which time the Patrons were most injuriously dispossessed of their Patronages ) have no right unto , nor shall receive , uplift , nor possess , the rents of any Benefice , modified Stipends , Mause or Glebe for this present Crop , 1662. nor any year following , but their Places , Benefices , and Kirks , are ipso jure vacant . Yet his Majesty to evidence his willingness to pass by , and cover the miscarriages of his People , doth with advice aforesaid declare , that this Act shall not be prejudicial to any of these Ministers in what they have possessed or is due to them since their admission , and that every such Minister who shall obtain a presentation from the lawful Patron , and have Collation from the Bishop of the Diocese where he liveth , betwixt and the twentieth of September next to come , shall thenceforth have right to , and enjoy his Church , Benefice , Mause , Glebe as fully and freely as if he had been lawfully presented and admitted thereto at his first entry , or as any Minister within the Kingdom doth or may do . And for that end it is hereby ordained , that the respective Patrons shall give presentations to all the present Incumbents who in due time shall make application to them for the same . And in case any of these Churches shall not be thus duly provided before the said twentieth of September , then the Patron shall have freedom to present another betwixt and the twentieth day of March 1663. which , if he shall refuse or neglect , the presentation shall then fall to the Bishop jure devoluto , according to former Laws . And such like His Majesty with advice foresaid doth Statute and Ordain the Archbishops , and Bishops to have the power of new Admission and Collation to all such Churches and Benefices , as belong to their respective Sees , and which have valted since the year 1637. And to be careful to plant and provide these their own Kirks conform to this Act. This Act you see is so very clear and plain , that it would be superfluous to insist on any long explications of it , only three things I would desire you to remember in it . The first is , That , as I noted before , The Parliament insists mainly on the Rights and Privileges of the Patrons in the narrative and form of this Act ; so that the Presbyterians talk wide in their Petition , when they say that this Act was one of the sad consequences of the Erection of Prelacy . Nay Secondly , As it is obvious to any who considers this . This Act does not at all consider these Ministers as Presbyterian , for then it would have considered all Presbyterian Ministers equally , which it does not : for it only considers such as had illegally possessed themselves of such Churches and Benefices from the year 1649. at least so far as Laick Patrons are concerned . But not so much as a word of such as had entered before that year , and yet there were many such : And this Act was so far from depriving them that they continued in the exercise of their Ministry , and enjoy'd their Benefices for many years after that Act was made , and put in execution . The third thing is , The Clemency of the then Government even towards these who had possessed themselves illegally of Churches after the year 1649. For you see the Act declares that the Parliaments Sentence , pronouncing all such Churches ipso jure vacant , was without prejudice to any of these Ministers , who should apply themselves to the lawful Patron , and obtain his Presentation . What greater temper could the Government then shew ? Would they have had it to have downright authorized their illegal Usurpations ? Was this to thrust them from their Charges , when they might have kept them upon so equitable terms ? And was this a grievous Persecution ? But to go on , Notwithstanding that this Act was as peremprory , as it was just and reasonable , yet a great many of these Ministers who had entered illegally after the year 1649 , from what Principle I am not now to enquire , turn'd obstinate , and refused to take the benefit offered by the Act of Parliament against the time prefixt : And therefore the Privy Council meeting at Glasgow after the term was expired , in pursuance of the design of the Act of Parliament , made an Act declaring all such Churches ipso facto vacant . This was that famous Act which commonly passes under the name of the Act of Glasgow . And God knows how many ill things it has been called since by the Party , but with what reason , let any Man consider . But , Perhaps that Act has been executed with some wonderful rigidity , and that hath raised the Clamour : No such matter , for in effect they themselves prevented all the trouble of a rigid Execution ; for immediately upon the publication of the Act of Glasgow , they generally forbore the exercise of their Ministry , and deserted their Flocks : whether they did so from a mistaken Conceit , That the Church could not be served without them , and that ere long the Government would find it self obliged to give them their Will , and court them to return to their Charges , as many then judged , I shall not now affirm ; but that they actually did so , is so very notorious that to this very day they themselves dare not deny it . And there is nothing better known , than that they have more than once condemned themselves , and been condemned by the most judicious of their Parry , for parting so tamely with their Churches . And now Sir , Considering all I have said , where was the necessity of either Accusation or Citation . How ordinary is it in all Kingdoms and Commonwealths to prescribe such terms by Law , as whosoever shall not perform , shall be deprived of such and such publick encouragements without further process of Law ? Need I rub up your Memory for Example ? or have you not one fresh before your Eyes in the Kingdom of England ? Besides it had been absolutely improper in their case , for the Parliament was not to punish them ; as indeed it did not , but only it did declare , that they had no Title , as it was evident they had none . I will only add one thing more upon this Head ; suppose nothing could have been said in vindication of their deprivation , or rather dispossession , but it had been truly unjust ; yet methinks it will very ill become the Presbyterian Party ever after the years 1688. and 1689. to open their Mouths about it ; considering how many Ministers , ( who had without Controversie entered to their charges according to Law ) were most barbarously turn'd out of their Churches by pure force and Rabble ; and all this was justified , and their Churches thereupon declar'd vacant , by I need not tell you whom ; but of this more afterwards . And so much at present about the dispossession of the Presbyterian Ministers , Anno 1662. But I have not yet done with our Act of Parliament which restored them . For , Besides the good Office it did them , we must try if it did any bad Offices to any other : and here , I think we may make short work of it . For you can no sooner set your Eye upon it , than you may see , that where the Churches were not vacant ( i. e. where at the date of the Act , viz. the 25 of April 1690. they were possessed by the Episcopal Clergy ) from which the Presbyterians had been thrust out , their restitution to them is declar'd to be to the half of the Benefice , and Stipend due and payable at Michaelmas Anno 1689. for the half year immediately preceding betwixt Whitsunday and Michaelmas , and the present Prelatical Incumbent shall have right only to the other half , payable at Whitsunday : And withal to the effect the Presbyterian Ministers may meet with no stop or hinderance in entering immediately to their Charges , the present Incumbents in such Churches are appointed upon intimation of this Act to desist from their Ministry in these Parishes , and to remove themselves from the Mauses and Glebes thereto belonging , betwixt and Whitsunday next to come ; that is in six weeks time , or perhaps six days , just as the intimation shall be made . Now , Not to insist on their case who had made no Compliance with the Civil Government , because I know not what severities their sin may merit . I would only ask you what may be thought of the case of those who had complied with the present Civil Government , and had still continued in the exercise of their Ministry at their respective Churches , many of them till near Whitsunday 1690. and some of them after it , whether was it equitable or not thus to deprive them of a whole years Benefice , for which they had served , and notwithstanding they were as good Subjects as their Majesties could desire , to turn them out of their Churches to which they had entered according to Law , without the least ground of hope to be provided of other Churches or Livings ? Are they protected and encouraged according to the merit of their compliance ? Will this usage they have met with be a good Motive for prevailing with the scrupulous , to bring them into a dutiful submission to the Government ? Well ; the good Old Cause is a wonderful thing , what can it not justifie ? But enough of this . And so I have done with the second Act of the last Session of Parliament , which concerned the Church , or the Clergy . Only , Before I proceed to the next , it will not be amiss I think to hint at some of its effects . I think you will not be very unwilling to believe , that those known sound Gentlemen in whose favour it was made , would be forward enough to have it put in execution , and indeed there was no want of zeal that way , but whether according to the strictest Rules of Christian simplicity and self denial in all instances , you may judge by these two at the present . The first shall be the famous Mr. Iames Kirtoun , one of the most noted Presbyterian Preachers in the whole Kingdom . This ( known sound ) Man had entered , by the thing called the Popular Call , to the Church of Martin in the last times of Presbytery , and had been deprived with the rest in the year 1662. When K. Iames gave his toleration , Anno 1687. he was preferred to a Meeting-house in Edinburgh where , it seems , he found better encouragement than he expected to meet with , if he should return to his own Country-parish of Martin : And in this Meeting-house he continued , till after this Act of Parliament passed . Mr. Meldrum the Episcopal Minister at Martin had complied with the Civil Government , and done all Duty ; and so continued still in the exercise of his Ministry there till toward the end of August 1690. that is ten or twelve weeks after Whitsunday ; and not till then it was , that good Mr. Kirkton went to visit his poor old Parish . But then he went indeed with Energy sutable to his Party : for no sooner arrived he there , but presently he turned peremptory , demanded the benefit of the Act of Parliament , thrust Meldrum from the Parsonage-house and the Church ; preached two Sundays there , and secured thereby his Title to the whole Benefice , from Whitsunday . 1689. and then returned to Edinburgh , where ( as I hear ) he has still resided since , without ever more minding his old Flock at Martin ; and who can blame him ? For every one who knows them both , knows that Edinburgh is a much better place , and now he has left his Meeting house , and possessed himself of a Church in that City , after a certain sort of providential manner : but I will not trouble you with an account of it at present , hoping that you may learn it shortly from another hand : In the mean time Martin continues still vacant . Kirkton is wiser ( as I have said ) than to put it in the ballance with Edinburgh : The rest of the Presbyterian Divines think it reasonable to take the best Benefices , so long as they have so much scope for choice ; Neither will they suffer Meldrum the Prelatist to return at any rate . And they are in the Right , for the first book of Discipline saith , It 's better to have no Minister at all than a bad one . Now the Subsumption is easie , if the Man ever owned Episcopacy . The other Instance shall be Mr. William Violent , one of the gravest and ablest Men of the Party ; he had been Minister before the restitution of the Government , at East-Ferry in the Shire of Fife , and was also dispossessed with the rest , Anno 1662. but he wanted a Benefice no longer ( I think ) than till K. Charles II. granted his Indulgence for planting some Churches in the West with-Presbyterian Ministers , which was in the year , 1669. For he was among the first that embraced that Indulgence , and was possessed of the Church of Cambus-Netham ; where he continued till about the year 1684. when that Indulgence was retracted , and the Laws were put in execution . But after K. Iames his toleration came out in the year 1678 , he took the benefit of that too , returned to Cambus-Netham ; got a Meeting-house ( for the Church was planted with a regular Minister ) and continued there ( without ever minding the Ferry , where there was no such encouragement ) till he had this Act of Parliament for him , and then about Whitsunday , 1690. To the Ferry he comes , dispossesses Mr. White a very old Man , who by reason of his Age was not able to officiate by himself . But his Assistant , one Mr. Wood , had complied in all points with the Civil Government ; secures to himself the Benefice according to the Act ; and then returns to his better Provision at Cambus-Netham , where he had the Benefice also , by another Act of the same Parliament , and where he still continued till he got a Call to be a Professor of Theology in the New College in St. Andrews : and so in one year he got the Rents of no less than three Benefices . Now this is pretty strange , considering that it was wont to be one of the principal Common Places of the Party in their invidious declamations against the pretended Corruptions of the Church of England . For none was represented in blacker Dress , than the business of Pluralities , unless it was her Antichristian Hierarchy and Idolatrous Liturgy . But I remember I heard a rare Note of a Sermon , which was preached within these three years . The Godly may sin , but the wicked must not . And so I leave that second Act of the late Parliament and all its Appendages . Proceed we now to consider the next , which concerned the Church and Clergy ; namely , that wonderfully famous one . Intituled , Act Ratifying the Confession of Faith , and setling Presbyterian Church-Government , dated at Edinburgh Iune the seventh , 1690. This Presbyterian Church government is the great Diana of the Party , and the true Parent of all these Tumults , Rabbles and Confusions , which ruined Religion , desolated the Church , and oppressed the Clergy : And therefore , this Act that establishes it , deserves a little more fully to be considered , which I shall do by these steps . 1. I shall briefly deduce the Arts were used , and the Methods were taken , to work up the Parliament to a suitable temper , before this weighty Point came to be debated , and voted in the House . 2. I shall consider the Treatment it met with in the House . And , 3. What Consequences it hath produced since . To begin with the First , Indeed all hands were never more busie at work , than on that occasion . Prelacy , as no doubt you know already had been declared an intolerable grievance and trouble to this Nation , and contrary to the inclinations of the generality of the People ever since the Reformation , the year before , in our new claim of Right . This the meeting of Estates had done in an hurry ( how truly and honestly , you may perhaps learn more fully on another occasion ) after the whole Ecclesiastical State ; and a great many Members of both the other two had deserted the House ; in pursuance of the same Article of the Claim of Right . The same intolerable Prelacy was abolished by the same meeting of Estates , after it was declared a Parliament about the 8th of Iuly the same year . But then the House could not agree about a new form of Government , to be introduced upon the Church . Several Schemes were drawn and presented , but none pleased all Parties , and so no form at all was established , but the Church continued in a state of meer matter , without form and void of Government , for eleven Months after . A strange state , sure , for a Christian Church : I doubt if you shall find its parallel , since ever there was one ; for there was much more in it than a sede vacante . But to go on , During this state of Anarchy in the Church , some People's heads began to settle ( as indeed they had need , after such an universal giddiness ) and the sudden zeal many had lately taken up for Presbytherian Parity began to cool and relent , if not to decay and languish : People turned thoughtful , and began to reflect and examine , whether they had found Prelacy so intolerable a burthen , as the meeting of the Estates had declared it to have been ; and their own sense not telling them any such thing : But finding their Necks not so much galled by that Yoke , which for some 27 or 28 years had lain upon them , and withal , calling to mind how many Necks had smarted so very sharply under the former Reign of Presbytery , that they were no longer able to bear their Heads . They began to compare things , and to consider if it was not better to continue at blunt Cudgels with Prelacy , than come streight to downright Sharps with Parity . In short , so far did such reasonings and recollections prevail , That the Inclinations of the generality of the people , which had been made the Standard in April 1689. were beginning to discover themselves to be very much different from what the Party expected , about the end of that year , and the beginning of 1690. And there was no little solicitude among them , lest they had mistaken their Measures , and their dear Parity might chance not to be established , according to their wishes : And therefore I say , all hands were most actively at work , and the whole Sect were studying to acquit themselves with a sutable diligence and application , about the time the Parliament was a meeting . For instance , not only had the Preachers their old Petition in readiness to be presented whenever it should be seasonable , of which I have discoursed already . But also , That same week , if I remember right ; the very day before the Parliament met , a worthy Piece came hot from the Press , Intituled , A true Representation of Presbyterian Government , &c. It was written by one Mr. Gilbert Rule the Pamphleteer General for the Party . We had no less than three Editions of it in a very few days , and the last the most considerable : For besides several Corrections and Enlargements in the Book , it had the addition of a Preface , wherein we were told that the Book was written half a year before , and endured an Examen Rigorosum of the most Judicious of the Party ; which was News indeed , for no body would have known that by reading the Book . It is truly a marvellous Work , for in it you have not only the Divine Right of Parity among Churchmen , and Kirk-Sessions , and Presbyteries , and Provincial Synods , and National Assemblies , and Ruling Elders , and popular Elections , &c. most doughtily asserted ; ( it was no part of his task to prove ) but also Presbytery and Monarchy reconciled to an ace : and the putting the Government intirely in the hands of the known sound Men most mysteriously justified . Doubtless it has been an unaccountable negligence in some body , that it has not been , before this time , Reprinted in England , and carefully dispersed all over that Kingdom . For who knows what light it might have diffused , and what Reformations it might have wrought among you . But that which I am concerned to take notice of in it at present , is only this , That though the Author is content , that by the bye , it should advance Gods Glory , and do good to Souls ; yet he confesses neither of these was his principal end for publishing it , at that time . For that was especially that Presbyterian Government might stand right in the opinion of the King and Parliament , &c. And as Presbytery was thus represented and recommended , so the like care was taken to disgrace and defame Prelacy , in Pamphlets and Pasquils , as the very vilest of all vile things . And to all such Dirt , Trash , &c. the Press was open ; but a Prelatist might as well expect to subvert the Government , as to get one Sheet Published in defence of his Cause . But this was not all , It was not fit that the fate of the good old Cause should stand on nothing else but Paper supporters : The influence of two or three principal States-men ( and if you please , you may joyn with them States-women ) , commonly carries on a Cause more effectually than a thousand Printed Volumes ; and therefore it was necessary , that tool should be tried also , as vigorously as was possible . And therefore the great Lord Melvill a constant Friend to the good Cause , and now Their Majesties Comissioner , must give vent to his Zeal , in his Speech he made to the Parliament ( they say with very little assurance ) the first day they met . But whatever his Influence or Zeal might be , his Rhetorick was , no doubt , infinitely short of the florid and genuine Eloquence of that Learned as well as Potent Lord W. E. of C. who , the next meeting , which was April 22. delivered a Sermon to the House , wherein it was easie to discern no less Zeal , than Art ; and no less Art , than Wisdom . It was forthwith Published , so that I cannot think , but you have seen it already . However to make all sure I have herewith sent you a Copy of it . It 's true blue all over , and you may be much enlightened by it . His Lordship was President of the Parliament , and that gave him the precious opportunity to open his Mouth and speak . Thus were the Commissioners place , and the Chair filled , and the Press imployed . And who can imagine that upon such an exigence the Pulpit would be silent ? That sure is not to be supposed : And indeed it was never exercised more warmly : For not only had they been still making it their work to promote their Interest by Melancholy Declamations against Prelacy , Prelates , and Prelatical Church-men , after they had got footing in the Churches : A Theme they are generally better skilled in , than in the substantial things of Christianity ; but especially at that time , their Fears quickening their Zeal , they were extremely eager , and every one as he had the fortune to Preach before the Parliament , was sure to signalize his fervour , as much as any other of his good qualities , in behalf of Christ's Kingdom , as they call their Yesterdays Parity . I must confess indeed I had neither the opportunity nor inclination to hear their Sermons ; but as I was told by some who did , and as I learned by such of them as were published , no man needed condemn them of Coldness or Indifferency ; Thus , Mr. George Meldrum of whom you have a sufficient Account in the History of our late General Assembly , in his Sermon preached before the Parliament April 27 , exhorts them to go on zealously in settling the Government of the Church of Christ , according to his own appointment , recommends unto them that Word of Artaxerxes , Ezra , 7. 23. ( this Text was scarce ever missed by any of them ) Whatsoever is commanded by the God of Heaven , let it be done diligently for the house of the God of Heaven , &c. commends them , and blesses the Lord , that with so much Unity and Harmony ( for the party had been infinitly afraid of the * Club , that it should have marred all their designs , but by that time it was found too weak ) they had gone some footsteps already , ( that is , had abolished Prelacy and the Supremacy , and restored the Presbyterian Ministers ) exhorts them to go on , and prays that God may be with them , &c. Was not this pretty fair for an old Conformist ? But , Good Mr. Spalding Clerk to the late General Assembly , who had sat many a day in a little Shop in the Town of Irwin , and measured out in retail many a Noggan of Brandy , was a man of much finer metal , for in his Sermon which he preached before the House upon the Eleventh of May ( the second that was published ) he tells them in truer stile , that now God was making way for the utter ruine and fall of Antichrist and Popery , in all the formes of it , ( two of which , to be sure , are Episcopacy wherever it is , and the Liturgy of England ) that not so much as a Rag of the Whore may remain , and his Church may sing in triumph Babylon the Great is fallen , is fallen : For why ? God is now carrying on the establishment of Zion upon her right basis and foundation . And to shew that he was not a flattering Gospeller , who respected Persons . He tells them in a parallel betwixt King Saul and King David on the one hand , and King Iames , and King William on the other , ( at least I protest , I can make no other sense of it ) that King William is not yet absolutely right , because he has Carnal Fears to bring the Ark ( Presbytery ) , into his own City ( the Church of England ) and again , labour to perfect the Reformation which ye have begun happily , and is greedily expected ; and that speedily , and in the first place command , as in Ezra 7. 23. That whatsoever is commanded , &c. Let Reformation , I say , be perfect , and throw to the door all that belongs to the Whore , even the Rags which she left behind her for an errand to return again ( all Prelacy and Ceremonies and set Forms ) and let none of Babels cursed timber and stone be taken to build the Lords house with . ( Let not so much as one Prelatist continue in the exercise of his Ministry , thrust them all out , that the whole Kirk may be planted with true Presbyterians ) . Further yet , ye have under your care and tutory Christ's own Bride , she is a tender Virgin , and hath yet but little breasts , she hath been wounded in the house of her friends ( that must needs be , either by the Cameronians , or the Politick Presbyterians , if I may so call them , for sure in our Preachers Opinion , all the Prelatists come under the next denomination ) as well as by her Enemies , and she is not yet heal : Her wounds are yet bleeding : For the Lords sake prove to her as the Compassionate Samaritan . Luke 10. 24. Bind up her wounds , pour oyl into them , and take care of her , she is nobly born , she is a Kings daughter , Psal. 45. 13. New come from her banishment : ( For Christ , you must know had no Spouse in Scotland while Prelacy was in it . She had been banished the Kingdom ) And for her Fathers blessing , for her Bridgroom's blessing , and for her own blessing , who is ready to perish , deal kindly with her , and be faithful Tutors to her : Yea , ye have Christs Crown , his Glory among your hands , ( that is Presbyterian Government ) and if you take away , or suffer one Iewel of it to be lost or robb'd , not only your Estates and Lives , but your Souls may go for it , &c. Once more yet : What will ye say when ye shall be sisted at the great Assise , before the Tribunal of Christ , to that Question ? What Iustice and Vote gave you to me , and my afflicted Church in the first Parliament of King William and Queen Mary in Scotland ? Was you for me or against me ? And then he concludes telling them for their encouragement to Vote right for Presbytery , That , as the eyes of the Lord , his Holy Angels , and all his People in this Land , yea of all the Protestant Churches , are upon them , ( for who dares doubt but all the Protestant Churches were extremely concerned to have Presbytery set up in Scotland ) so they are upon the wings of the Prayers of the flower of the Godly in Scotland : And who would not be animated by such a flight as this ? Here was Preaching for a Parliament ! A Third Sermon , which was Printed , was Preached by the Learned Mr. Rule , whom I mentioned before , on Sunday the 25th . of May , the Sunday next before the Wednesday on which the Act was Voted ; and so it was time then , or never to speak , which forsooth , the man did accordingly : For after he had insinuated enough of dislike to the Club , ( as none of them omitted to do ) , and had particularly chastised Sir Iames Montgomery of Skelmurly , though he did not name him ; for Sir Iames had made a long Speech in the House some days before , wherein he had pleaded zealously for setting up true Fourty-Nine Presbytery in all its dimensions ; and had made use of this as one of his principal Arguments ; That Presbytery thus Established , would prove the best and most effectual mean , could be devised for curbing and restraining the extravagancies and excesses of Princes ; which was Interpreted by those of the Gang , as intended of design to screw up Presbytery to the highest peg , that so it might turn the sooner intollerable , and by consequence be the sooner turned down again : For though Sir Iames the year before , had shewed a singular Zeal for the Good Cause , yet he was now one of the leading Men of the Club : And it was confidently talked , that he kept a Correspondence with King Iames , and so he was look'd upon by the Party , as a false Friend as they term it . After our Preacher , ( I say ) had fairly chastised Sir Iames for this , he comes to his purpose by cunning and smooth advances ; For first he tells them , what a Glorious Nation they would make Scotland by erecting Presbytery in it . The warlike Philistines , the rich trading Tyre , the ancient Ethiopia wou'd be nothing to it . Make poor Scotland a well Reformed Church ( set up Presbyterian Government in it ) and you shall please God , and do him better service , than if you could make her richer , and more potent and splendid than any of her Neighbour Nations . This was a good beginning : But what was the next step ? Why a necessary fling at Prelacy : We plead not for a Papacy to be Cardinals or Prelates , &c. As if it were unquestionable that Prelacy hath an essential connection with Papacy or Cardinalism . After this again , another very courteous humble one for Presbytery . We pretend not to make Church Laws , but declare those Christ hath made , and to impose them ( not what we think fit ) by his Authority , and to censure such as will not obey his Laws , not as we will , but as he hath appointed . We set up no Imperium in Imperio , but a Ministerium &c. Wonderful fine Cant Alamode . Then another fling , yet not so much at the Scottish as the English Prelatists . Neither is the Church preferred , nor Religion promoted by setting up a Pompous , Gaudy , Theatrical kind of Worship , by pretending to adorn it by Modes and Religious Rites that Christ hath not instituted &c. Our Preacher was owing the Church of England this , because one of her Bishops ( Dr. Cousins Bishop of Durham I think it was ) , had excommunicated him ; from which Sentence , I believe , to this very hour he was never released ; having thus made his Address , he comes home at length to his business . Let Christ's Church enjoy all the Prvileges that he has granted her . If any man withhold any one of them , they do not advance the mountain of the house of the Lord as they should . Sound Doctrine , pure Ordinances , a godly Ministry , a Government drawn from Christ's Institution , and Apostolical Practice , and that tendeth to advance Holiness ( for Prelacy , no doubt , tendeth to advance nothing but Atheism and Irreligion ) that it be managed by its Friends , ( by the known sound Presbyterians , and not by them that would supplant it ) not by these juggling Prelatists , who would now be content to call themselves Presbyterians , so that they may be permitted to keep their Benefices ) That they assemble as oft as is needful for this end , ( i. e. have the power of calling , ordering and disolving General Assembles independent on the Crown , &c. ) That Church-Officers be look'd out and chosen by the People of God , and not imposed upon them by mens will : That the Fountains out of which a Godly Seed for the Church may issue , be kept pure , ( i. e. that no Prelatist be permitted to stay in the Universities ) that Discipline may be duly exercised , and whatever Letts to Religion , and Snares to the serious godly , Men have framed into Laws ( i. e. all the Penal Statutes against the Presbyterians ) may be removed : This would conduce much to the advancement of the Church ; and ( N. B. ) and if any of these be neglected , she is not set upon the top of the Mountains , but somewhat else is preferred to her : At this rate dogmatized Mr. Gilbert . The Fourth whose Sermon was published , was that able Man Mr. David Williamson : 'T is true indeed it was not Preached till after Presbytery was established ; and so you may think it is inartificially done to bring it in here ; but I had rather take a reproof for transgressing the rules of History , than not record the Testimony of such a vigorous Witness ; especially considering how notable it is ; for it is in real sense , that Christ was a Martyr for Presbyterian Government . His very words are these ; Church-Government is no light matter , it is an ordinance of God , the Royal Diadem of Christ , he was a Martyr on this head , it was his Ditty on the Cross. Joh. 19. 19. Iesus of Nazareth King of the Iews . A wonderful Sermon this was as ever you read , I was once at the pains , to number the particulars he had amassed in it : And if my memory serves me , they were about 180. I have thus given you this tast of their Sermons , at once , though it is not so exactly agreable to the true order of things , that you may have the fuller view of them ; and I might not be obliged to make so many interruptions as another method would have required . And by this sample you may judge both of the parts and zeal of the rest of the Brethren ; for it is not to be doubted but those whose Sermons were not judged accurate enough for the Press , were yet every whit as much heated with the holy fire , according to the proportions of their Capacities , as these first Rate-men . But neither was all this yet enough for securing the precious Interest : It was necessary to set other tools also a going . One there was , which I believe had no inconsiderable influence ; there was a generation of Female Advocates , ( belike some of them Disciples of such as Mr. David Williamson ) Ladies and Gentlewomen , who came at that time and stay'd at Edinburgh , and made it their work by all imaginable ways , to influence the Members of Parliament into a zealous disposition to carry on the work . There was also great throngs of the Preachers still in Town , who could not have any other business , but to do what they could for advancing the Cause ; but I believe the Holy Sisters , the Citizens Wives , and some of themselves too were as successful in making Proselytes as the Preachers ; for they had better occasion to traffick with such of the Members , as stay'd at their houses , or were of their acquaintance : And besides they had t'other shilling in greater readiness to give for a pint of Sack ; and that goes very far with well disposed People . After all these , there was a certain company of Planets , little Luminaries , Members of Parliament ( some of whom I could name if it were needful ) who made it their trade early and late , in season and out of season , in all companies and on all occasions , to vex the more intelligent , and to fright the less discerning ( and very many were such ) into a forwardness for Presbytery . Nay , more yet , it was confidently talked , that not a few of the meaner sort of Members got Money , and were kept upon Pension , that they might be servicable . By these and other such Arts was the Cause carried on , and no Methods were left unessayed , till a competent number of Votes were secured for every thing , that the Commissioner intended : While in the mean time the Club was entirely broken , and the generality of the Kingdom , who were of other Principles , found themselves obliged to live quietly and wait a more proper season for diligence , and action . And so much for the first part of my undertaking : Come we now to the Second , Which is , to give you a brief Account how this Act was prepared , debated , voted , and at last got the Royal Assent in the House . It was introduced according to its quality , by the Earl of Sutherland , who presented an Act to the House concerning it , upon the — day of — I have seen a Copy of it , and thought once upon Transcribing it for your use , but it was tediously long and coarsely worded , and it contained little more than what you have in the Printed Act , and therefore after some more thinking , I judged it not worth the pains . Although it was believed that it was compiled by some of the Brethren , who were best studied in the matter ; some other schemes were also given in by some other Members , but his Lordship 's got the preference : It was most regarded and best liked by Melvil and Crawford , ( who probably had seen it before ) and so it was particularly recommended to the Committee which was nominated for Church Affairs . Eighteen were at first named to be of that Committee , viz. Noblmen . Barons . Burgesses . Earl of Crawford , Sir Iohn Maxwell , Sir Tho. Stewart of Coltness , E. of Sutherland , Sir Patrick Hume , Anderson for Glascow , V. of Arburthnet , Sir Iohn Monro , Smith for St. Andrews , V. of Stair , Laird of Levingston , William Heggins , L. Cardross , Laird of Brodie , Iames Kenman , L. Carmichael . Laird of Dalfoilly . Patrick Mordock . All of the true stamp except the Laird of Levingston , who , it was thought was named merely for shew , or that it might not be said , they were all Presbyterians : Besides these first Eighteen , I think other two were added afterwards , but I have forgot their names . This Committee met very often , and commonly they had some of the leading Ministers with them , for advice : At last after many an hour , and much pains spent about it , it was returned , by the Committee to the House on Friday the 23d . of May , more briefly and distinctly digested indeed , and much more smoothly worded ; and yet without any substantial alteration , or difference betwixt it , and the E. of Sutherland's Copy . Being thus prepared and returned to the House , in the first place , it was twice read over , all the Members composing themselves to a diligent and headful Attention : This done , not a few points in it were debated , and several Amendments were made . But before I proceed further , I will set it down , as it was at last agreed upon , and made a Law , and then give you a brief account of some particulars in it , which may perchance contribute something to your better understanding of it . ACT Ratifying the Confession of Faith and settling Presbyterian Church-Government . Iune 7. 1690. OUR Soveraign Lord and Lady the King and Queens Majesties , and the three Estates of Parliament , conceiving it to be their bound Duty , after the great deliverance that God hath lately wrought for this Church and Kingdom , in the first place to settle and secure therein , the true Protestant Religion according to the truth of Gods word , as it hath of a long time been Professed within this Land : As also , the Government of Christ ' s Church within this Nation , agreeable to the word of God , and most conducive to the advancement of true Piety and Godliness , and the establishing of Peace and Tranquillity within this Realm ; And that by an Article of the Claim of Right , it is declared , that Prelacy and the Superiority of any Office in the Church above Presbyters , is and hath been a great and unsupportable Grte vance and Trouble to this Nation , and contrary to the Inclinations of the generality of the People ever since the Reformation , they having Reformed from Popery by Presbyters , and therefore ought to be abolished : Like as by an Act of the last Session of this Parliament , Prelacy is abolished , therefore their Majesties , with the Advice and Consent of the said three Estates do hereby revive , ratifie and perpetually confirm all Laws , Statutes , and Acts of Parliament , made against Popery and Papists , and for the maintenance and preservation of the true Reformed Protestant Religion , and for the true Church of Christ within this Kingdom in so far as they confirm the same , or are made in favours thereof . Like as , they by these presents , ratifie and establish the Confession of Faith now read in their presence and voted and approven by them , as the publick and avowed Confession of this Church containing the sum and substance of the Doctrine of the Reformed Churches ; ( which Confession of Faith is subjoyned to this present Act ) . As also , they do establish , ratifie , and confirm the Presbyterian Church-Government and Discipline : That is to say , the Government of the Church by Kirk-Sessions , Presbyteries , Provincial Synods , and General Assemblies , ratified and established by the 114 Act Jac. VI. Parl. 12. Anno 1592. Entituled , Ratification of the liberty of the true Kirk , &c. And thereafter received by the General Consent of this Nation to be the only Government of Christ's Church within this Kingdom ; reviving , renewing and confirming the foresaid Act of Parliament , in the whole heads thereof , except that part of it relating to Patronages , which is hereafter to be taken into consideration : And rescinding , annulling , and making void the Acts of Parliament following , viz. Act Anent Restitution of Bishops Jac. VI. Parl. 18. Cap. 2. Act Ratifying the Acts of the Assembly . 1610. Jac. VI. Parl. 21. Cap. 1. Act anent the Election of Arch-Bishops and Bishops . Jac. VI. Parl. 22. Cap. 1. Act Intituled Ratification of the five Articles of the General Assembly at Perth . Jac. VI. Parl. 23. Cap. 1. Act Intituled , for the Restitution and Re-establishment of the ancient Government of the Church , by Arch-Bishops and Bishops . Charl. II. Parl. 1. Sess. 2. Act 1. Act anent the Constitution of a National Synod . Charl. II. Parl. 1. Sess. 3. Act 5. Act against such as refuse to depone against Delinquents , Ch. II. Parl. 2. Sess. 2. Act 2. Act Intituled , Act acknowledging and asserting the right of Succession to the Imperial Crown of Scotland . Ch. II. Parl. 3. Act 2. Act Intituled , Act anent Religion and the Test. Ch. II. Parl. 3. Act 6. With all other Acts , Laws , Statutes , Ordinances and Proclamations , and that in so far allanerly as the saids Acts and others generally and particularly above mentioned , are contrary , or prejudicial to , inconsistent with , or derogatory from the Protestant Religion , and Presbyterian Government , now Established ; and Allowing and Declaring , That the Church-Government be Established in the hands of , and exercised by , these Presbyterian Ministers , who were Outed since the first of January 1661. for Non-Conformity to Prelacy , or not complying with the Courses of the Times , and are now Restored by the late Act of Parliament , and such Ministers and Elders only as they have admitted , or received , or shall hereafter admit or receive : And also , that all the said Presbyterian Ministers have and shall have right to the Maintenance , Rights and other Privileges , by Law provided , to the Ministers of Christs Church within this Kingdom ; as they are , or shall be legally admitted to particular Churches . Like as in pursuance of the Promisses , Their Majesties , do hereby appoint the first meeting of the General Assembly of this Church , as above Established , to be at Edinburgh , the third Thursday of October next to come in this instant Year , 1690. And because many Conformed Ministers either have deserted or were removed from Preaching in their Churches preceeding the 13th . day of April 1689. And others were deprived , for not giving Obedience to the Act of the Estates made the said 13th . of April 1689. Entituled , Proclamation against the owning of the late King Iames , and appointing publick Prayers for King William and Queen Mary . Therefore Their Majesties with Advice and Consent aforesaid do hereby declare all the Churches , either deserted , or from which the Conformed Ministers were removed or deprived , as said is , to be vacant , and that the Presbyterian Ministers exercising their Ministry , within any of these Parishes ( or where the last incumbent is dead ) by the desire or consent of the Parish , shall continue their Passession , and have right to the Benefices and Stipends , according to their entry in the Year 1689. And in time coming ay and while the Church as now established , take further course therewith . And to the effect , the disorders that have happened in this Church may be redressed : Their Majesties with Advice and Consent foresaid do hereby allow the General Meetting and Representives of the foresaid Presbyterian Ministers and Elders , in whose hands the exercise of the Church-Government is established , either by themselves , or by such Ministers and Elders as shall be appointed and authorized Disitors by them , according to the custom and practice of the Presbyterian Government through the whole Kingdom , and several parts thereof , to try and purge out all insufficient , negligent , scandalous and erroneous Ministers , by due course of Ecclesiastical Process , and Censures , and likewise for redressing all other Church disorders . And further it is hereby provided , that whatsoever Minister , being convened before the said General Meeting , and Representatives of the Presbyterian Ministers and Elders , or the Visitors to be appointed by them , shall either prove contumacious in not appearing , or be found guilty , and shall be therefore censured whether by Suspension or Deposition , they shall ipso facto be suspended from , or deprived of their Stipends and Benefices ▪ If one had a mind to dispute , how much matter might this Act afford him ? But that 's no part of my present task , I will therefore , as I promised , only give you a brief account how some things in it were debated before it received the Sanction . First then , though any man who reads it may easily observe , that all along the framers of the Act have had their eyes fixed on the Presbyterian Petition , which I have given you already ; yet it is observable , that the Confession of Faith is only ratified and approved , and the Catechism and Directory ( whose Ratification was likewise craved in the Petition ) are omitted . How came this to be done ? The truth , in short , is this , all these things were in the Act as it was prepared by the Committee : But when they began to consider that Article in the House , beginning with the Confession of Faith , the Duke of Hamilton moved , That it might be read all over with an audible and distinct voice , and attentively considered before they should give it the legal Sanction ; for ( as he argued ) that Confession of Faith had never been ratified in Parliament before : And it was not suitable to the weight and importance of such an Affair , nor to the wisdom and care of a Parliament to ratifie what had never been publickly considered in Parliament . This reason had such force with it , that it was agreed it should be read ; and the Laird of Craiginsh moved that if it must be read , it might be read on the Lords day ; having doubts probably , that it might be a Prophanation of it to read it on another day : However it was agreed it should be read on Monday the 26th . as soon as the Parliament should meet , and so it was , and heard with what attention the Members were pleased to give it . I believe it was the first time a good many of them had ever heard it . However it passed without any exception , which was pretty fair for such a vast number of Propositions as are contained in the Westminster Confession . The Confession of Faith thus approved , it was moved next that the Catechism might be read over also : But the Confession had worn out some three or four hours to them ; and most part were wearied with it , and beginning to discover , some by looks , some by whispers , that they were no way willing at that time to hear any more such long Lectures , and so it was moved by the D. of Hamilton ( who was probably well enough satisfied to escape the hearing them also ) that the Catechism and Directory might be forborn : For ( as he said ) they had now voted the Confession of Faith , and that was a sufficient standard , and so they might leave the rest to the Ministers to be managed according to their Discretion . This Proposal was greedily snatched at by the most part : But there were some of the Ministers in the House who were not a little surprized , that the Parliament appeared so unanimous to neglect what they had so expresly craved in their Petition , and so they were like to fall a muttering ; which the Commissioner perceiving he left his Throne , and went out of the House to another apartment , the Earl of Crawford first , and then the Ministers following him . What passed among them there , whether the D. of H. his Reasoning , after they had pondered , satisfied them , or they themselves stumbled upon some new Discovery , I am not able to tell : Though there wants not probability , that there might be something of the latter : Of this at least , I am sure , a very good Reason for forbearing the pressing the Ratification of the Catechism and Directory any further , was very obvious : For , The Directory positively and peremptorily appoints The Scriptures to be read publickly in Churches , one Chapter out of each Testament at least , every Sunday before Sermon , as being part of the publick worship of God , and one means sanctified by him for the edifying of his People , Which the Presbyterians in Scotland have been so far from observing these many years , that not only has there been no such practice among them , but even in some very considerable Churches , they lately got a custom of reading the Sermon which was last Preached , as it was taken from the speakers mouth , by some zealous and swift handed Brother , instead of the Scriptures , before the Preacher come to the Pulpit . And besides this , The same Directory , because the Prayer which Christ taught his Disciples , is not only a pattern of Prayer but , it self , a most comprehensive Prayer , I recommends it to be used in the Prayers , of the Church ; and the larger Catechism is express to the same purpose . And yet as the guise goes now , it would be a mighty scandal to the Sect , if any Brother should say that Prayer : For this reason ; I say , it seems to me very consequential ; that the Ministers needed not have been very earnest for having the Cateohism and Directory ratified : But , as , I said , I cannot tell if this reason occurred to them on that occasions But it seems some one or other did . For after they returned to the House the matter was compounded , and the Duke's motion was agreed to , and so the Article was framed as you now have it , without mentioning the Catechism or Directory . The second thing that I shall take notice of in this Act , shall be the repealing of a former Act of Parliament ; Intituled , Act acknowledging and asserting the Right of Succession to the Imperial Crown of Scotland , Ch. 2. Parl. 3. Art. 3. I need not send you a Copy of that Act , for doubtless you have seen it : In short , it is an Act , declaring , That , according to the fundamental Constitutions of the Scottish Monarchy , the Crown descends by lawful Succession , according to the proximity of blood : so that , in that same instant , in which the present Sovereign dies , the next in blood is setled on the Throne . This Act was not named with Rest which were to be repealed , as inconsistent with the Protestant Religion and Presbyterian Government , in the Act as it was prepared by the Committee : But no sooner came they to consider these Acts which were to be repealed in the House , but Sir Iames Montgomery of Skelmurly made mention of this , and pleaded earnestly that it might be likewise inserted and annulled : His reason was , because that Act was utterly inconsistent with the security of the Protestant Religion : For by that Act , the next Heir might come to the Throne , and actual administration of the Government , without taking the Coronation Oath , which was the only Security the King could give for the Protestant Religion : and it was possible the next Heir might be a Papist ; And then he insisted to shew how all this was contrary to the Claim of Right . The Duke of Hamilton pleaded on the other hand , That to rescind that Act , was to cut the lineal Succession , that he remembred very well , that Act was made as much , if not more , to exclude the Duke of Monmouth , as to make way for K. Iames. And that it was a very tender Point , and dangerous to speak about . The Lord Stair added , That it was Treason even in Parliament ( unless one had a good backing ) to move the rescinding of it : Nor was it necessary to rescind it , seeing whatever was prejudicial in it to the Protestant Religion , or Presbyterian Government , was ipso facto to be rescinded by this Act they were now a forming : But Sir Iames Montgomery of Skecmurly's Reasons prevailed ; And so it carried that it should be inserted , and rescinded with the rest , in so far at least as it was inconsistent with the just now named Interests . The making so great a Stir about this Act , I remember at that time made no little Noise , and underwent several Censures out of the House . Some wondered what had moved Sir Iames to start such a matter . Was it merely to rub up old Sores ? as we say : For where was the difficulty of securing the Protestant Religion , though that Act had stood in force ? Is the Protestant Religion inconsistent with a lineal Succession ? Or was it inconsistent with the Protestant Religion to say , That God Almighty is an earthly Sovereign's immediate Superiour ? None of these could ever enter into a Mans head who had so much sense as Sir Iames Montgomery ; so it was conjectured , he had some other thing at the bottom . On the other hand , it seemed as strange to many , that the Duke of Hamilton should have pleaded so zealously for the continuation of that Act and for the lineal Succession ? It 's true indeed , ( said they ) consider him as Duke of Hamilton and he had good reason to appear for it , it being so nearly the concern of his own Family . But consider him as a President of the late meeting of Estates , and the principal Person who deposed K. Iames , and excluded him whom he himself had sometimes acknowledged to be the Prince of Scotland , without ever offering at a Reason for it , and transferred the Crown upon their present Majesties , and they could not see how he was consistent with himself . But , As for my Lord Stair , Few thought it strange that he should have so reasoned . It was Treason to move the Rescinding of that Act , even in Parliament , unless a Man had a good backing , which was readily interpreted to be just as much , as if he had said , That a Man that had a good backing Power and Party enough , might say any thing in Parliament , or out of Parliament without being guilty of Treason : But perhaps , you may be apt to say , what is all this but Digression ; For wherein is the Church or the Clergy concerned in this matter ? To which I shall make no other Reply but , Was not all this stir made about this Act , in behalf of the Protestant Religion ? The next thing I would have you to consider , is the establishing the whole Government of the Church in the hands of the known , sound Presbyterians , &c. as it was craved in the Petition : I have told you already how this Article displeased the year before , while the Duke of Hamilton was Commissioner : but now , you see it was granted : yet not without some opposition . For , On Friday May 23. the first day that the Act was debated in the House , a Petition was given in by some of these Episcopal Ministers who had given obedience to the Civil Government : I am affraid the Copy I have of it is not Corrected , and therefore I will not transcribe it in form , but it was this for substance . They for themselves , and others of the Episcopal persuasion , who have submitted to the Government of their present Majesties , according to Law , do humbly Supplicate ; That , according to the protection promised them they may be secured in the possession of their Offices and , Benefices : They humbly conceive , that , to put the Ecclesiastical Jurisdiction intirely into the hands of the Presbyterians , and establish them the sole Judges of their Life and Doctrine , will be in effect to turn them out of that Protection : For they shall not only thereby be deprived of all share and Interest in Ecclesiastical Government , though they have every way as good a Right to , and are as capable of managing that Trust , as the Presbyterian Ministers , and do very far exceed them in numbers ; but also shall be subjected to the Arbitriment of a Party who profess it , their Duty , to purge the Church of all Ministers who have at any time declared for the Lawfulness of Episcopacy : Whom therefore ( though they are not afraid of the strictest impartial Tryal ) they decline as their Judges ; which Declinature , the Presbyterian Ministers themselves cannot but in reason acknowledge to be just and equitable , considering that they have all along refused to submit to the Jurisdiction of the Bishops upon the like Reason . That it has been still matter of regret of them , that the Differences upon the account of Opinion about Church Government have been so much kept up ; That therefore it would please the Parliament to appoint a Conference betwixt some Ministers of both Persuasions , which they most humbly conceive may prove a good Expedient for curing the Distemper , or at least for finding where it lieth . They do not take upon them to prescribe to the high and honourable Court , but in all humility supplicate for these things : to the end that the true Protestant Religion , for which they have still declared their Zeal , may flourish ; and they and others for their Opinions about Church-Government , ( which they are ready to maintain and justifie ) may not be oppressed in their Consciences and Interests . The Petitioners did not expect that the Grand point of the Church-Government should have been so soon brought to the House , so that this their Petition was penned in such haste , that they had not time to wait upon the Commissioner , and acquaint him with it before it was presented : However while the Duke of Hamilton was disputing the Equity and Reasonableness of that Article in the House , one Iames More of Stonywood presented it , and craved that it might be read : the Duke of Hamilton back'd him warmly ; so it was read , but then it was immediately hissed at : The Noise was great , and the Cry was loud that it was indiscreer , unmannerly , arrogant , and what not ? And all this , forsooth , because they called themselves Ministers of the Episcopal Persuasion ; compar'd themselves for Abilities with the Presbyterian Ministers ; declin'd them as their Judges ; craved a Conference , and undertook to maintain the Lawfulness of Episcopacy : Extravagant impudence sure ! This Petition being thus rejected with disdain , the Duke thought it not fit at this time to insist any longer ; so there was no more that day concerning that Article ; except that one Mr. Ross , a Commissioner for some Northern Burgh , moved ; That at least these Presbyterian Ministers who had been Deposed by those of their own Persuasion before the restitution of Episcopacy , Anno 1662. might not be included in the number of those known sound Presbyterians , in whose hands the Government was to be established in the first instance : But his Motion was not regarded : And indeed it had been a great oversight if it had , for thereby the worthy Master Kennedy who was Moderator of the late General Assembly , and some other such zealous Brethren had been excluded , which might have been of very sad Consequence to the Kirk . But , The Duke was at his purpose again on Wednesday the 28. and insisted largely on the iniquity of putting the Government solely in the known sound Presbyterians hands . He argued from the Prince of Orange's Declaration for the Kingdom of Scotland ; from the great purpose of his coming to Britain , from his Declaration for keeping the Peace in the Kingdom of Scotland dated February 6. 1688 / 9 from the Proclamation of the Estates , April 13. 1689 ; from the nature of the thing , and from many other Topicks , but all to no purpose : for when it came to a Vote , it carried easily , that the Article should stand as you now see it in the Act : Thus were some Hundreds of the Episcopal Persuasion , by Act of Parliament , exposed to the fury of Fifty or Sixty sworn Enemies , without any imaginable necessity : For had it not been easie for the Parliament , if they had had a mind to it , to have setled Presbyterian Government , so , as that all who owned the Civil Government , and were willing to continue in their Charges without Bishops , might have been obliged to live peaceably together , and carry on the Common work of the Ministry ? But it seems the Parliament were resolute to support a Party . But enough of this . There was some Dispute also about a Clause which was in the Act , as it was prepared by the Committee ; in that Article , which grants the Power to the Presbyterian Ministers and Elders ( even before the General Assembly should meet ) to appoint and keep Visitations , for trying and purging out all insufficient , negligent , scandalous and erroneous Ministers ( that is , all who were void of the Grace of Presbyterianism ) by due course of Ecclesiastical Process and Censures , and redressing all other Church-Disorders ; For here it was subjoined ; to all which Censures the Civil Sanction is hereby interposed . About this Clause , I say , there was some Dispute ; but it lasted not long , for the Duke of Hamilton his reasoning prevailed ; which was , That that Clause must necessarily import an implicite Faith in the Presbyterian Ministers Inerrability ; For if it was possible that they might judge wrong , should the Civil Sanction for all that , be still interposed ? How strange would that be ? and what might be its Consequences ? So , that Clause , as you see , was expunged . Indeed the Civil Sanction had been interposed very laudably many a time since , if that Clause had been retained : and many a sweet Sentence had it backed : but it is no part of my present Task to meddle with these : I might insist upon a great many other things , which bred no little Dispute ; Such as the Kings Power in Ecclesiastical matters , and especially in calling and Dissolving General Assemblies , &c. The Duke of Hamilton and Sir Iohn Dalrymple were Advocates for the Prerogative of the King ; and Sir Iames Montgomery of Skelmurly and others for the Prerogative of the Kirk : It was a nice Point ; and vast Harangues were made on both sides . It was debated all the three days ( i. e. the 23. 26 and 28 of May , ) and at last left in sufficient obscurity . But to be brief , I will only insist on one Article more , which deserves a little more fully to be represented . It is that Famous Article in the Act , concerning the Rabled Ministers . I think I need not tell you how they were turned out of their Churches by Force and Tumult , about the beginning of the late Revolution , nor how they were directly excluded the protection of the Government by that Admirable Proclamation of the Meeting of Estates , dated April 13. Anno 1689. These things and many more which concern these poor People , you cannot be ignorant of , if you have ever read the Four Letters , or the Case of the present Afflicted Clergy in Scotland : And sure I am , any Man that understands how they were treated in that wonderful Year 1689. cannot but think they met with very hard measure : yet for all that they had still some hopes of redress : For they could not believe , but the Government sometime or other would take their Case to consideration , and do them something like Justice : In this Faith , I say , they lived till this Act was forming : So that when they heard of the Article that concerned their Case , it was no wonder if they were sadly disheartned ; as indeed they were , to such a Degree , that the most part of them who were then at Edinburgh , had once very near resolved calmly and silently to sit still , and receive the blow which was design'd them , without ever giving the Parliament the trouble of any Address or Petition . Yet after the first Consternation was over , I know not how , but some of them collected so much Courage as to think of giving in a Petition , which might represent their Case , and crave a Remedy . What ( said they ) may the World think of us ? How may it condemn us of an unaccountable negligence , if , having received such notorious Injuries , we shall seek no Redress ? It is not to be supposed but a Parliament which calls it self Christian , will shew at least , that they are so much Men as to pity our Case when it is represented to them . But if they will not , if they shall take no notice of such Oppressions , if the worst shall happen , if they shall make such an Act as is now before them : 't is no great loss to lose the pains of drawing a Petition : One effect it cannot miss to have , which will easily counterballance all that Expence : It will put a Thorn in their Foot , and be a Witness against them , and render them inexcusable before the World , if they make such an Act concerning us . Having reasoned with themselves after this manner , I say , upon Saturday the 24th of May some of them met , and resolved upon this Form , which because it contains the true State of their Case in few words : I will here thanscribe as followeth . Unto His GRACE Their MAJESTIES Commissioner , and the Honourable Estates of Parliament . The PETITION of the Ministers who were thrust from their Churches by force and violence in December 1688. or at any time thereafter , before the 13th . day of April 1689. Humbly Sheweth , WHEREAS your Petitioners , ( though they entered to their Offices and Benefices , at their respective Churches according to Law , and were in uncontroverted Possession of them ) were thrust from these their Offices and Cures , by notorious force and violence ; cast out of their Dwellings , with their Families and Furniture , and threatned with Death , if they should offer to return to the exercise of their Ministry at their respective Churches . Whereas your Petitioners , upon such violent Treatment , made Application to His present Majesty , then , His Highness the Prince of Orange , ( who , at the humble desire of divers Lords and Gentlemen of this Kingdom , had then taken upon him the Government and Administration of the Affairs of this Realm ) by their humble Petition for Protection , of the date at Glasgow the 22d . of January 1688 / 9. presented to His Majesty by Dr. Robert Scott Minister at Hamilton , impowered by your Petitioners for that effect , as will appear from his Commission of the same date ; and upon that Application His Majesty did emit a Declaration , for keeping the Peace , &c. in the Kingdom of Scotland , of the date at St. James ' s the 6th . day of February 1688 / 9. whereby he did expresly prohibit all Disturbance and Violence , upon the account of Religion , and Authorise all Protestants , to enjoy their several Opinions , and Forms of Worship , whether in Churches or Meeting-Houses , whether according to Law , or otherways , with the same freedom , and in the same manner , in which they did enjoy them in the month of October preceeding , as the said Declaration at more length bears : Whereby it is evident that His Majesty and His Councellours and Advisers for Scotish Affairs , at that time , were clearly convinced of the violent wrongs your Petitioners had met with , and of the irregularity and illegality thereof . Whereas , notwithstanding the said Declaration the Persecution of your Petitioners continued as hot as ever ; as is evident from a second Tumult at Glasgow upon the 17th . day of February , and year abovesaid , being the Lord's day , on which both Minister and Hearers ( having assembled for Divine Worship according to Law , and upon the protection and security , contained in the said Declaration ) were most violently assaulted by an enraged Multitude , in the High Church of that City ; and a great many other Instances which may be easily adduced ; and a Representation of that Tumult in Glasgow , and a second Application for Protection , were made to His Majesty by Dr. James Fall Principal of the College of Glasgow : And His Majesty referred the matter to the meeting of Estates , indicted by him to sit at Edenburgh the 14th . of March ; and year aforesaid . Whereas the said Meeting of Estates , did not think it convenient , in that interim , by their Authority , to Repossess your Petitioners of their just , legal , and undoubled Rights , as appears from their Proclamation , of the date at Edenburgh the 13th . day of April 1689. So that your Petitioners , wanting Protection , durst never since , without the manifest peril of their Lives , adventure to return to the exercise of their Ministry at their respective Churches . Whereas your Petitioners ( beside the unspeakable grief it is to them to be thus restrain'd from the exercise of their Sacred Function ) are generally reduced to great Necessities , and many of them with numerous Families , are at the point of starving , having no Livelihood but their Stipends , and being refused Payment of these , by the Debiors thereof , upon pretence of an Act of Council dated December the 24th . 1689. whereby Intimation is made to all Iudges , that the Case of the Ministers , who are not in the Actual Exercise of their Ministerial Function the 13th . of April 1689. lyeth under the Consideration of Parliament , and they are required in Executing of Sentences already recovered , and in Iudging of Processes to be intented at the Instance of such Ministers to behave themselves as they will be answerable , which Act not only the Debiors of your Petitioners Stipends pretend for not Paying the same , as said is , but also many inferiour Iudges do so construct , that they will grant no Decrees in favours of your Petitioners . And , Whereas by the Laws of this Realm , your Petitioners ( being Ministers of the Gospel of Christ , and having entered legally to their Offices and Benefices , as said is ) have right to Protection in the Exercise of their Ministry , at their respective Churches , and to their Benefices , ad vitam vel culpam , and can neither be deprived of either without a legal Sentence ; And now your Grace and the Estates are met in Parliament , to which , the Case of your Petitioners is referred by the aforesaid Act of Privy Council . May it therefore Please your Grace and the Honourable Estates of Parliament to take the Premises under Consideration , and interpose your Authority , for restoring your Petitioners to the exercise of their Ministry at their respective Churches ; for causing make Payment of the Stipends that are due to them by Law ; and for protecting them both in their Offices and Benefices , according to Law. The Framers of this Petition made it their work to put it in as smooth and modest a dress as they could ▪ that it might not be condemned of Superciliousness and Arrogancy , as that had been which was presented the day before . As for the Form , one of these who were concerned produced King Charles the first His large Declaration , and therein turned to the Petition which was given by the Presbyterians Anno 1638. to the Presbytery of Edenburgh , against the Bishops ; affirming it would be best to imitate that Pattern as near as could be ; For so , the Presbyterians in the Parliament could not find fault with it , without casting dirt upon their own Predecessors . The Fancy was relished by the rest ; and this was the true reason , why there were so many Whereas's in it . Having thus formed their Petition , Their next work was to wait upon the Commissioner and shew him a Copy of it : But that Night they could not have access ; it was a Post-night , and his Grace was busie writing Letters : So they returned on Monday morning , and were at last , admitted into his Grace's presence , where one of them in very few words told him ; They were of the number of these Ministers , who had been thrust from their Churches by force and violence before the 13th . of April 1689. That they were informed , that the Parliament had now their Case under consideration ; That therefore , They had formed a Petition , which they were to Present to the Parliament , and so , were come to acquaint his Grace with it , and give him a Copy of it , that he might thereby understand the true state of their Case ; and with these last words he offered his Grace a Copy of the Petition : He received it ; and after a little pause , He asked this Question : What ? Are ye the Gentlemen who gave in the Petition to the Parliament on Friday ? The Person to whom he directed this Question , understanding very well what he meant by it ( viz. That his Grace had a mind to be at them , for their Arrogancy , if they had been the men ) replyed instantly , They were not : And then deduced their Case , over again , briefly : Then was there another pause , his Grace still holding the Petition in his hand , without ever offering to read it : At last , he broke his Silence , with this very Christian Sentence ; ( had he been Ingenuous in it ) Gentlemen , I can say no more , but that I am for doing just and righteous things to all men . To which it was forthwith replyed ; That they sought nothing but Justice ; give them that , and they were satisfied ; and with that they left him . The next thing to be done was to search out some Member of Parliament who might do them the favour of presenting the Petition to the House : At last they found Sir Patrick Scott of Ancrum , a discreet Gentleman who undertook it : For you must know , it was not every body that had Courage for such an imployment , as matters then went. Well , On Monday the 26th . of May , there was no opportunity for it : The reading the Westminster Confession ( as I have said ) wearied the whole House ; so , that Article about the Rabbled Clergy was not considered till the last and great day Wednesday the 28th . of May : The day on which the whole Act was voted ; but before I come to the work of that day , I must give you an Account of some Skirmishings had been concerning it , on Friday the 23d . For , The Duke of Hamilton obtained no less than three Amendments in that Article , that day , which that you may the better understand , I will set down the Article , as it was prepared by the Committee ; and then tell you briefly upon what Reasons the Amendments were made . The Article , as it was prepared by the Committee , ran thus : And because many Conform Ministers either have deserted , or are removed from their Churches , preceeding the 13th . of April 1689. and ought not to be reponed ; and others were deprived for not giving Obedience to the Act of the Estates of the said 13th . of April 1689. Therefore Their Majesties with Advice and Consent foresaid , do hereby Declare all the Churches , either deserted , or from which the Conform Ministers were removed or deprived , as said is , to be vacant ; and that the Presbyterian Ministers , Exercising within any of these Parishes , or where the last Incumbent is dead , shall continue their Possession , and have Right to the legal Benefices and Stipends forth and from the time of their entering , and in time coming , ay and while the Church as now Established take further course therewith . In the Article thus digested , you see that 't is said , That Conform Ministers who had Deserted , ( which none had ) or were removed from their Churches , ought not to be reponed . The Duke was not pleased with this Clause : And pleaded , That it was not only needless , ( as 't is evident it was ) but also that by necessary consequence , it would infer , that these who had been removed , ( alias Rabbled , for in this case , these are truly equivalent terms ) since the 13th . of April , ought not to be reponed neither : For if their being thus removed , was a sufficient Reason , in one case , why they ought not to be reponed ; why not in all ? Which Reasoning prevailed , and so that Clause was left out . Another Amendment was : You see , by the Article as it was prepared by the Committee , The Presbyterian Ministers , simply , upon their Exercising in such a Parish , should have the Benefice , which the Duke excepted against , And said that many Presbyterian Ministers had exercised their Ministry in several Parishes , and Possessed themselves of the Churches from which the Conform Ministers had been forced , who had neither Presentation , nor Call from the greater or better part of the Parish : And what Title could such Men have to the Benefice ? This was pungent also ; and so this Clause was added as you see it in the Printed Act ; Exercising their Ministry by the desire , or consent of the People . The Third was this ; in the Article , as prepared by the Committee , The Presbyterian Ministers were to have the Benefices forth and from the time of their entering without specifying any definite term or year from which that entering might be dated : The Duke said This was very strange ; for many Presbyterian Ministers had exercised their Ministry in several Parishes , even since King Iames's Toleration ; which was in the year 1687. So that this Clause gave them Title , even since that year , though both in that year , and the next , there was a legal Incumbent in the actual and uninterrupted exercise of his Ministry in the Parish : What Iniquity was this ? Hereupon the time of their entering was limited to the year 1689. as now you have it . I have represented these things , that you may see , as severe as the Act is , how much more so it had been , if the Committee's draught had passed ; or , if the Duke of Hamilton had not been at very much pains . Besides these Amendments in this Article procured by his Grace , on that 23d . of May , there was another thing proposed by the Laird of Kellburn one of the Commissioners ( I think ) for the Shire of Bute ; it was , that such Ministers as had not had free access to their Churches , and by consequence could not give Obedience to the Proclamation of the Estates April the 13th . upon the days appointed , but were willing to obey , when they should have opportunity , might be excepted out of the number of these whom the Parliament was to declare deprived , and their Churches vacant : But that was rejected with scorn . Come we now to our Wednesday on which the great Point in the Article was debated , viz. Whether the Deed of the Rabble should be justified , and all these Ministers who had been driven from their Churches by the Rabble should be deprived . The Duke of Hamilton Pleaded earnestly that this Article might not pass . It was wonderful to call these Men Deserters : For was it not notorious all the Kingdom over , that they were violently forced from their Churches by Tumult and Rabble , and could not , without the evident peril of their Lives , continue in the exercise of their Ministry at their respective Churches ? It was as wonderful , to declare their Churches vacant , because of their being removed from them : For what would be the sense of the word removed in the present Case ? Was it not plain , that it was just neither more nor less than Rabbled ? And what might the World think of the Justice of the Parliament , if it should sustain that as a sufficient ground , for declaring their Churches vacant ? These Men had entered to their Churches according to Law ; how then could they be deprived without a legal Tryal ? What evil had they done ? They had never had opportunity to disobey the Government : They were violently thrust from their Churches by the Rabble before the 13th . of April 1689. So , it was impossible for them to obey the Authority of the meeting of the Estates , in that days Proclamation : Nay consider that Proclamation , and it will be found that it did not bind them . Were they chargeable with any other Crimes , or Scandals ? Why then , let them be first Tryed , and Convict , and then deprived by due Course : Was it ever heard , that Ministers of the Gospel of Christ were turned out of their Offices and Livings , without the least Guilt fixed on them ? what a reflection would it cast upon the King , if such an Act should be made ? Did not he come to these Kingdoms , to deliver us from Arbitrary Power ? To secure Liberty , and Property , as well as Religion ? But how was it consistent with this , to deprive so many Protestant Ministers of their Churches and Livings , for no imaginable Reason in Law , or Equity ? Besides , when first the Government of this Kingdom was transferred on His Majesty , did he not receive these Men into his Protection , by his Declaration dated February the 6th . 1688 / 9. But how was it consistent with the common Protection due to Subjects , to deprive them of their undoubted Rights so very Arbitrarily . These and many other such unanswerable Arguments did his Grace insist on . Neither did any one Man so much as once offer at shewing how such a thing could consist with Law , Justice or Reason . While the Duke was thus Pleading , Sir Patrick Scott Presented the Petition , and craved it might be read : He was assisted by the Duke , who prest it very warmly : And then there was no little stir in the House : For such as were resolved to Vote the Petitioners out of their Rights , knew very well , if it should be read , they were not able to render a solid Reason , why what it craved should not be granted ; and therefore they had no inclination , that the House should hear it : But then it was as difficult to find a colour of Reason why it should not be read . Crawford said , It could not be read in the midst of the Act ; a wise Tale indeed ; for when was it proper to read it , if not , when the Case it concerned was under consideration ? Cardross said , He did not know but all these Men were Enemies to the Government ; and why then should the House be troubled with their Petitions ? But he knew as little , but they were all Friends to the Government ; for ( as hath been said ) they had never had opportunity to shew how they were affected to it . At last , after a great deal of such impertinent stuff , Sir Patrick Hume , now Lord Polwart , Moved , that the House might first go on in the Act , and after that was voted , they might hear the Petition . A judicious Overture , to shut the Stable door ( as we say ) when the Steed is stollen : For the great purpose of the Petition was , that no such thing might be voted . However this motion , because , it seems they could stumble on none better , was greedily entertained by the Party : And so it was carried , that the reading of the Petition should be delay'd till the Article was first voted : Which , what was it else , but downright to reject it without an hearing ? Then the Duke of Hamilton was at the point again , and renewed his endeavours , but to no purpose : For the Cry immediately arose , That there was no need of further Debate , in the Case ; it had been Disputed enough already , put it to a Vote , &c. So there was no help for it : The Vote came to be stated . The Duke of Hamilton craved it might be stated thus . Approve , or not approve , the Deed of the Rabble ; and this twice or thrice over he pressed : But though that was the true state of the Case , it was too bare faced ; And therefore it was put in these smoother Terms , Approve , or not approve the Article . I need not tell you which carried ; you may see that by the Act ; How Almighty is a Vote ! what can it not do ? Yet I must acknowledge , there were some Fifteen or Sixteen Negative Voices , and which is remarkable , some of these , by Persons who in the hight of their Zeal , the year before , had been amongst the most forward , for refusing these poor Men the Protection of the Government ; such as the Lord Ross , Sir Iames Montgomery , &c. After this Article was thus Voted and Approved , The Duke of Hamilton , not able to bridle his Indignation , told the House plainly , he was sorry he should ever have sat in a Scottish Parliament , where such naked Iniquity was established into a Law ; That it was impossible Presbyterian Government could stand , being built on such a Foundation , and it grieved him to the Heart , to consider what a Reflection this Act would bring upon the Government , and Justice of the Nation . While the Duke was thus insisting , a certain Member stood up , and said , The Duke would do wisely to temper his Language ; For , what was this , but to reflect on the House , and flee in the face of an Act of Parliament ? The Duke instantly replied , It was a mistake , it was but a Vote of the House , and had not yet got the Royal Assent , so it was no Act of Parliament : But seeing matters went so , though he was very much afraid the Reflection would go further than the House were aware of , for his part he should say no more , but put his Hand upon his Mouth : And with this he left his Seat ; and went out of the House , a good number of Members folowing him . Well , What was my Lord Melvil's behaviour all this while ? Why , His Grace sat upon the Throne , heard all that the Duke of Hamilton had said for the Rabled Clergy , and all that passed concerning their Petition , and yet never so much as once opened his Mouth in the Matter ; but perhaps Prelatical People are not Men ; and though they were , is not Dominion founded upon Grace ? And so what pretensions can Conformists make that Justice should be done them ? But enough of this . There was now only one thing more to be done , and that was to Vote the whole Act in cumulo , which before had only been voted by parcels . This was immediately proposed upon the Dukes departure . Now it must not be forgotten , that as soon as this began to be talk'd of , a Little Presbyterian Preacher who had got into the House , cried out to the Members who were next him , Fie ! make haste , dispatch , now that He is gone , lest he return again , and create more trouble . This He meant of the Duke . Whether it was in obedience to this seasonable warning , or not , 't is no great matter ; but so it was , that instantly the thing was done ; The whole Act was Approved , and so prepared for the Royal Assent . And indeed it was no wonder , considering what Members were in the House , even few or none who were not frank for the Good Old Cause , except some four or five who stayed to Vote against Presbyterian Government , that it might not be said , that it carried Nemine contradicente , and some few others who would not Vote for that Establishment of Presbytery ; because as they pretended , it was not Established in its proper plentitude of Power and Independency : Except such , I say , there were none in the House , but those of the Gang ; For a great many Noblemen and Gentlemen ; Such as the Duke of Queensberry , the Earls Linlithgow and Balcarras , &c. would not be present on that occasion , And , as I have said the Duke of Hamilton , and a Good many Members had left the House before that Great Vote was moved . Thus was this Act prepared for the Royal Assent on Wednesday the 28th of May : but it got it not till the 7th of Iune : For that same Night that it was Vored , an Express was sent to the King to give him an Account what was done , and his Majesties answer and allowance was necessary , before the Act could be touched . And now that I have mentioned his Majesties granting his Allowance to his Commissioner to touch the Act , and give it the form of a Law ; I cannot forbear to tell you , that I am fully persuaded , he did not get a just and impartial Information about the nature of the several Articles in it : which had he got , it was impossible that he should ever have approved or ratified the Act : For why ? That Article concerning the Rabled Ministers is plainly inconsistent with the express words of the Coronation Oath . Now who can believe that the King would have consented to such notorious Oppression , as more than three hundred Protestant Ministers met with him from this Act , if that matter had been duly represented to him ? But I cannot find what can be said for my Lord Melvil , who knowing very well the whole matter , abused his Master by not fairly representing it to him . Thus I have given you a brief account how this Act was made , I shall make no more reflections on it , knowing very well , how the Writers of former accounts of this nature , have been lash'd for making so bold with the Government , and intituling it to the Persecution of the Clergy . For my part I shall leave it to you Sir , or any to whom you shall communicate this Paper , first , to consider matter of Fact , which I have plainly and freely told you , and then to make your own Reflections . And so I cometo the Third thing which I promised concerning this Act , which was to tell you , what Consequences it produced : And , that which deserves to be put in the front was , The Pious Gratitude of the Presbyterian Ministers to the Parliament , for making so gracious an Act : How they thanked the Commissioner , and Crawford , and Sutherland and such others of their good Friends , in private , I am not able to tell : But in their Sermons , they were extremely careful to express a deep sense of the wonderful Favour was done them . I shall only take notice of two that were published , viz. Mr. Gilbert Rules , and Mr. David Williamson's . Mr. Gilbert's Sermon , as I told you was preached before the Act was voted , and therefore he was at the pains to Embelish it with a Preface to the Reader , when it was a printing , wherein he Harangues Thus , As the Interest of Religion was our Solicitude when these thoughts were conceived and delivered : So now we are filled with joy , while we behold the Religious Regard ; which the High and Honourable Court of Parliament have shewed to the Mountain of the Lords House above other Mountains ( which they truly are and ought to be concern'd about ) in the Great Step towards the establishing thereof , that they made by their Vote of the 28th instant . And then he concludes , That the Lord may help them to go on as they have begun and hitherto acted , and reward them for their Good Deeds towards his House — is the earnest Prayer of , &c. But was worthy Mr. David inferiour to Him ? That 's not to be thought : neither indeed was He ; for Thus he bespeaks them in His Sermon preached Iune 15. which I cited before , Honourable Worthies , I incline not by Panegyricks to offend your modest Ears , whose Praise will be in the Church : But we bless God , we have such a King and Queen to Rule over us , and such a Representative of their Majesties in this Honourable Court , and so many Noble and worthy Patriots in this Assembly , who befriend the Interest of our Lord : We bless the Lord , and we bless you from the Lord with our Hearts , for what you have done for the House of the Lord , &c. I believe He never Complemented Lady more Zealously . Thus these two Eminent Lights . And it is not to be doubted but the rest were as forward : But to this very hour , I never so much as heard of one of them , who either publickly or privately condemned that Article concerning the Rabbled Ministers : And now , when I think on it , who can blame a Commissioner , or a Parliament for making such an Act , when they were thus not only Authorized and justified , but prais'd and magnified by such Infallible Casuists ? And indeed laying aside all Notions of Right and Wrong , and Heaven and Hell , and Judgment . The Brethren had all the Reason in the World to be thus thankful . For , Not only were they secured of all these Benefices , where they had set up at their own hands , after the Rabbling Trade begun , for the year 1689 ; which they had still in their prospect ; And in order to which , that Act of Council dated December 24. 1689. whereof I have spoken sufficiently already , was made ; But they had also another fair Opportunity of gaining considerably by it : For they had not so many Preachers of their Gang as filled the half of these Churches , from which the Conformists had been forced ; so that there were some Hundreds of Vacancies , whereby they had an Excellent occasion to petition the the Council for the vacant Benefices to make up their pretended losses : This was a Blessed Providence , and with them it had been to resist a divine Call , to have neglected it : And therefore it was their great Business in the Months of August , September and October , &c. to make Hay while the Sun shined , that is , to petition the Council for vacant Stipends : Thus Mr. William Veitch had been a Great sufferer , for why ? He had been forced to appear actually in Rebellion against K. Charles II. at Pictland Hills , for which he was not Hang'd indeed , but declared Rebel and Fugitive : But now that the Fields were fair , and he had endured so much undeserved Persecution , would He not have been to blame , if he had not studied his own Interest ? And therefore he petitioned for no less than Five Vacancies , viz. Creiland , Eckfurd , Yettam , Marbottle , and Oxnam . 'T is true , the Council were so hard-Hearted as to grant him only Three of them , viz. Creiland , Eckfurd , and Yettam : This was hard enough : but alas ( tho he had confidently affirmed in his Petition the contrary , ) it was afterwards found that the Minister of Creiland had not been deprived before Michaelmas 1689. So that Mr. Veitch could not get that Benefice , which was certainly a very disappointing Persecution to him . No doubt you have heard of this Mr. Veitch before , for he is the same who had the inward Call to be Minister at Peebles , ( because the Benefice was far better ) rather than at several other places , where he was far more earnestly desired . Thus also , One Mr. Iohn Dickson , who had sometime preached at Rutherglen , ( but as I am told was never admitted to the Ministery there ) before the Restitution of Episcopacy 1662. petitioned not only for that , but other Four Benefices : And a great many more I could instance if my design'd brevity would allow me . In short , if they had preached but one or two Sermons in a Parish casually , or upon an Invitation from one or two of the Parishioners in a whole years time , it was sure to be put into the Bosom of the Petition , that they had served the Cure in such a Parish ; and that was enough . Thus did that Act of Parliament caress the Presbyterians : While in the mean time it behoved the poor deprived Rabbled Clergy , who had an undoubted Title in all Justice and Equity , patiently to endure want , and see their Estates disposed of to other People , without daring to say , that any wrong was done them : Until at last the Duke of Hamilton and some other Councillors , who were not entirely of the fashionable Metal , began to encourage some of them to petition the Council , and promised them their assistance : And so indeed , some of them got Gifts of their own Benefices . But then two or three things are observable : For 1. If there was a Presbyterian Preacher who pretended to have exercised his Ministery in such or such a Parish ; it was in vain for the Rabbled Man to petition for it ; The Càse was clear ; it belong'd to the Presbyterian by the Act of Parliament ; So that there was no place for any Man to petition for his own Benefice , but where no Presbyterian could pretend that he had served in that Parish . 2. Whoever petitioned , was carefully to forbear pleading any thing like Right or Title , for that was downright to flee in the face of the Act of Parliament ; which Crawford , who was seldom or never absent from the Council Board , was sure to entertain with very terrible Resentments . 3. If the Duke of Hamilton was absent , it was folly to Petition , for it was sure to be rejected . Nay , sometimes when he was present , yet if two or three of these who used to Vote with him , were not at the Board , it was extremely dangerous to venture ; for if a Petition was once rejected , it was hard to get it considered a second time : for then Crawford was furnished with a pithy Argument against it . Once , indeed ( for I must do him Justice ) I heard his Lordship was forward to grant a Conformist's Petition , so very forward , that he was clear it should be granted before it was read : But there was a Singularity in the Case , which when you understand , perhaps you will not be much surpriz'd at this his Lordships forwardness ; even though there was a Presbyterian Minister concerned : For alas ! The Man , weary of his Wife , had fallen into the sin of Adultery with another Woman : And his Lordship was mightily afraid lest this should have been mentioned in the Petition , or by some ill natur'd Person at the Council-Table , who knew the Story , if his Lordship had made any bustle about it , as he used to do on other occasions , which he had no mind for . This was the Reason of his frankness in the matter . But , Besides my Lord Crawford , there were some other Councillors , who sometime did obstruct the reading of Petitions , perhaps on more odious Grounds than his Lordship : For example , I could name a certain Privy Councillor , who for several days hindered a certain Rabbled Minister's Petition to be read , until the poor Man was forced to come to him , and offer to quit him some Twelve or Thirteen pounds Sterling , which he was obliged to pay of the Benefice : And then his Lordship appeared for him indeed , and obtain'd both the reading and granting of his Petition . Had he been as poor as my Lord Crawford , perhaps he had been the more excusable , but he is a Man of a good Estate , which makes the Trick the baser ; However , I will not name him at present . From what I have said , you may competently understand the whole matter of the petitioning , which was some while on foot , and of which perhaps you have heard . I cannot deny but many were the better for it : But they ow'd all the Thanks to the Duke of Hamilton ; and some other Councillors , but none to the Parliament . And yet , for all this , perhaps it were possible to give you as many instances of Petitions that were rejected , if not more than were granted : But I will only insist on one Man's Case , whereby you will clearly and distinctly perceive , in what sense both the Council , and Session ( the two Chief Judicatories in in the Nation ) understood our Act of Parliament : Which to represent in its true Colours , is the Chief aim of this part of this Letter . The Case shall be that of one Mr. Robert Skeen . This Gentleman had entered to his Church at Dunsyre , within the Shire of Lancick , according to Law ; and served there in the Holy Ministry , faithfully and painfully for a good many years ; a Man of very good Abilities and unblameable in his Life . In the year 1684. a Circuit Court was kept in these parts , for executing the Laws against Nonconformists ; and so one Mr. Anthony Murray an old Presbyterian Minister , who had been still connived at before ; because he would not then conform , was deprived of the Church and Benefice of Coulter . This Mr. Murray had a little Estate in the Parish of Dunsyre , where Mr. Skeen was Minister : Thither he retired after his Deprivation , and lived quietly , without making any disturbance to Mr. Skeen , or keeping any Conventicles , till the year 1687. That K. Iames granted his fatal Toleration . But then , with the Advice of his Brethren of the Gang , who had resolved in their Clubs to carry on a Schism in the Church : He began to set up again , not in his old Parish of Coulter , to which one would think he should rather have returned ; But in the Parish of Dunsyre , and endeavoured to draw the People after him . And true it is , some of the meaner sort he got : But Mr. Skeen still kept the Church , and the better part of the Parish adhered to him till April 1689. that he was turn'd out by the Rabble ; or rather till after Whitsunday , as you shall hear instantly . Skeen thus forced away , Murray continued to preach a while after he was gone : And therefore , after this our Act of Parliament passed in Iune 1690. he resolved to take the benefit of it , and so Petitioned the Council for the Benefice of Dunsyre for both years 1689. and 1690. and obtained his request without difficulty : Skeen in the mean time knowing nothing of it . One would think that this was even but Course Iustice ; for Granting the Act of Parliament Declaring all their Churches vacant , who had been Rabbled before the 13th . of April 1689. had been never so Iust and Righteous , yet how did it appear to their Lordships that Skeen was Rabbled before that day ? Was it enough that they had Murray's word for it in his Petition ? Ought not Skeen to have had notice to appear for his Interest ? But let that pass with the rest . Mr. Skeen is a very poor man , and no wonder , considering , that he had no Patrimony of his own , his Benefice was but small , and his Family was numerous . And so it was as little wonderful if he was surprized when he heard the unwelcome Tydings of Mr. Murray's having got a Gift of his Benefice for these two years : But how to right himself was the Question . He knew very well already in what sense the Council understood the Act of Parliament ; but the Session had never yet had occasion to give their sense of it : So he resolves to try his Title before their Lordships , and accordingly charges those who were lyable in Payment of the Stipend , for the whole year 1689. and the half of 1690. to make Payment to him . This was done about the middle of Ianuary 1691. It is not to be doubted but Murray would soon get notice of this Charge ; so he makes his Address to some of the Lords of the Session , and obtains Letters of Suspension against Skeen , till the Case should be debated before their Lordships . And so the Case came to be fairly stated , before that Judicature . Sir David Thoris was Advocate for Skeen , and Iames Stuart for Murray : For whose Title he produced these three Arguments . 1. Murray had an Act of Council for him , so that it was res hactenus Iudicata . 2. Skeen had Deserted and was removed from his Church before the 13th . of April , and so was deprived by the Act of Parliament . 3. Murray had officiated , as a Presbyterian Minister in the Parish of Dunsyre , during these years for which he had got his Gift . To these Arguments , Sir David Thores gave these following Answers : To the first : That Skeen had legally entered to the Church of Dunsyre , and had a good and undoubted Title and Right , which ought in all Law and Reason to be preferred to Murray's Gift , especially considering that it had been obtained Clancularly , & parte inanditâ alterâ . To the second , That Skeen had not Deserted , but was Barbarously forced from his Church by Notorious Rabble and Violence as was Evident from this Deduction . 1. About Candlemas , first , and then several times after , in the month of February and March 1688 / 9. a Godless Rabble which was then overrunning the Country , and thrusting out the Regular Clergy where ever they came , sent to him peremptory Orders to remove from his Church , and desist from the exercise of his Ministery , under no less hazard than tearing him in pieces , notwithstanding which he still continued in the exercise of his Office. 2. The Rabble finding those their Menaces unsuccessful , no fewer than sixty of them , all Armed , under the Command of one Steel , came to his dwelling House upon the 21st . of March , and committed such Outrages , that they frighted the poor Gentlewoman his Wife , then big with Child , into her pangs , before the time ; in which she continued till the first of April , that she brought forth her Child , dying her self within three hours after the Birth , and leaving him the weighty burthen of Eight Motherless Children ; Yet neither for this did he forbear to exercise his Minstry in the Church of Dunsyre ; until , 3. Upon the 13th . of April ( the same day that the Proclamation was ordered by the Estates ) another Barbarous , and numerous Rabble came to his House , and threatned to Murther him , if he should offer to possess the Pulpit the next day which was Sunday ; and then indeed for fear of his Life , he went not to the Church ; yet he Preached in his dwelling House to such of his Parishioners as came to hear him . 4. The Proclamation being ordered to be read by him upon Sunday the 21st . of April , the Rabble returned upon Saturday the 20th . and by violence barricado'd the Church doors , and carried away the Keys , and such Utensils as they could find , belonging to the Church , and not only so , but on Sunday morning they planted Guards of Armed Men , at the doors of the Church , by which they kept him out by force ; yet even that day too he Preached in his dwelling House : Nay , 5. He continued still to Preach in his dwelling House on Sundays , and to Baptize Children , and Visit the Sick , and perform all other parts of his Ministry as he had occasion ; till after Whitsunday , that another Rabble came , and most outragiously and inhumanely cast him , his Family , and all his Furniture , out of doors ; so that he was then forced to retire elsewhere for shelter . All these things were offered to be proved Positively and Evidently by many Famous and Unquestionable Witnesses ; and so the Lords were desired for these Reasons , to give their Judgment upon this Point : Whether Skeen having thus continued in the exercise of his Ministry , in the Church , and Parish of Dunsyre , notwithstanding so much Barbarous Usage and so many forcible Interruptions and Oppositions , could , in Law , Reason , or common Sense , be reputed a Deserter of his Charge before the 13th . of April . To Mr. Stuart's 3d. Argument , it was Answered first that granting it had been true that Murray had officiated as a Pesbyterian Minister , in the Parish of Dunsyre , yet he could plead no Title to the Benefice , because he had neither been Presented , Collated , nor Orderly Instituted and Admitted to be Pastor of that Parish ; all which were necessary to Constitute a Legal Right : Nay he could not pretend to so much as a Call from either the greater or better part of the People ; so that he ought to be look'd upon as an Intruder , who had forced himself upon another Mans Charge , against Law , and in a Schismatical manner . But then Secondly , It was not true , that he had officiated as a Presbyterian Minister , but on the contrary , it was offered to be proved , that he had refused to Preach , and did forbid the People to come to him , nay that he had refused to Baptize the Children of his next Neighbours , in case of extreme necessity , in so much , that the Presbyterian Party in the Parish had actually called one Mr. Donaldson another Presbyterian Preacher , to supply their necessities . Thirdly , Murray was Reponed by Act of Parliament of the date April the 25th . 1690. to his Church at Coulter , had actually got the Benefice there for the year 1689. and was to get it for 1690. why then should he have the Benefice of Dunsyre for these years too ? What Title could he plead for both Benefices ? And then Fourthly , It was pleaded , that of all Men in the World , Murray was in pessimo dolo to be Skeen's Competitor for the Benefice of Dunsyre , because , as Skeen offered to prove , and make as Evident as Light , ( and indeed he was able to have done it by a sufficient number of Witnesses ) , Murray had not only never endeavoured to quiet the Rabble , which he could easily have done , had he applyed himself to it , notwithstanding Skeen several times demanded it of him ; but on the contrary , he had openly and avowedly sent to Skeen and threatned him if he did not desist from the exercise of his Ministry , saying , he could not be answerable for what he had done already , and he should smart severely for it , &c. So that Murray ought truly and in Law to be reputed one of Skeen's Rabblers . For all which Reasons , and in respect , that the Stipend for which Skeen had Charged ( besides that it belong'd to him incontrovertibly in Law and Justice ) was all the Reparation and Assithment , he expected for the Murther of his Wife , and the Violences and Outrages done to himself and his Children : The Lords were desired to prefer him to Murray : But nothing could prevail , for the Sentence was This word for word . Edinburgh 26th . of February 1691. Upon Report of the Lord Anstruther , The Lords find , that , seeing Mr. Robert Skeen , was not exercising the Ministry in the Kirk of Dunsyre , upon the 13th . of April 1689. the Church was vacant by the Act of Parliament ; And therefore prefers Mr. Anthony Murray . Sic subscribitur , Stair I. P. D. Here Sir you have the Lords of Session giving their Sense of the Act of Parliament with a witness . But I must beg their Lordships Permission to tell them plainly , that many judicious People think , their Lordships did even stretch the Act of Parliament , which I am sure was needless , in all Conscience : They stretch'd the Act of Parliament , I say , for Skeen did actually exercise his Ministry in the Church of Dunsyre upon the 7th . of April , which was the Sunday immediately before that 13th . of April , so that he ought to have been reputed in possession of his Church till the end of the week , for he was not obliged to be in it till next Sunday unless it was upon some extraordinary occasion , which is not pretended to have happened that week . In effect when this their Lordships Sentence is considered it amounts to just neither more nor less than this . Skeen upon such a Saturday ( for such was that 13th . of April ) was not in the exercise of his Ministry , had not publick Worship and Sermon , and therefore the Act of Parliament declared his Church vacant : And is not this a probable Consequence ? I could easily say a great deal more ; but perhaps even what I have said is a Digression : Leave we therefore the Session , and let us accompany Skeen now to the Council . His pinching Circumstances prompted him to make another Attempt , before he should quite give over , and that was , to Petition the Council that they would retract their Gift to Murray ; and restore him to his Right : Or if they would not do that , That their Lordships would at least allow him . the equivalent for the year 1689. out of some other vacancy . You may easily collect Reasons enough to recommend this Petition , from what I have already set down i. e. The usage he had received from the Rabble ; the death of his Wife ; the numerousness of his Family ; his Poverty ; his continuing so long in the exercise of his Ministry after the 13th . of April ; his never , to that hour , being under any Sentence , Civil , or Ecclesiastical ; his never being heard for his Interest . Murray's procuring that Gift surreptitiously , &c. and a great many more . All these he had in his Petition : But the Result was , the Council would neither recall their Gift to Murray , nor supply the poor mans needs from any other Fund ; So that all this while , he has nothing but the Charity of good Christians to subsist by . Thus I have briefly hinted at such things , as may give you a sufficient tast of the consequences of our Act of Parliament that settled the Presbyterian Government . 'T is now time for us to return to the Parliament house again , and see what more was done there concerning the Church or the Clergy . And that which comes next in order of time , was a draught of an Act which the Earl of Linlithgow gave into the Parliament , the next day after the Act establishing Presbytery was Voted : The design of it was to give Toleration to those of the Episcopal Persuasion to worship God after their own manner , and particularly : that whoso were inclined to use the English Liturgy , might do it safely . Being presented by so considerable a Member , they could not refuse it a Reading : But it never got more ; Indeed , I am apt to believe his Lordship , who presented it , did not expect that it should meet with better entertainment . However one thing was gain'd by it , even that it was rejected ; and that the Party who had so thankfully embraced King Iame's Toleration before , now that they were mounted on the Sadle , refused to Tolerate any of a different Persuasion . This themselves were sensible of , and that it was a Thorn put into their Foot : But it was inconsistent with their Principles to grant it , and so that such a thing should have been moved , incensed them exceedingly ; especially the Preachers , who for several days after , made it their work to declaim vehemently against all Tolerations ; particularly worthy Mr. David Williamson in his famous Sermon , which I have cited already , was at it , with a great deal of warmth , and that oftner than once ; For not only towards the end of his Sermon did he Harangue directly and copiously against it , calling it A Backset to all that was done , and a Mystery of Iniquity , &c. But even near the beginning , with more Zeal than Discretion ; He made it an infallible mark of Infidelity in a Prince to grant Tolerations : Do not think I am injurious to him ; you shall have his own words : In respect of Religion , some ( Princes ) are Believers , as Ioshua ; some Infidels , and so are either such as persecute Religion , as Herod and Iulian ; or Tolerate it , as a Trajan . Thus the Zealous Man , not considering , that King William had granted a Toleration in England . Nay so much was the Mans Teeth set on edg , that such a thing should have been once muttered in Parliament , that he was earnest in his Exhortations to the House , That they would , if not Hang , at least Banish all the Prelatists . Thus he tells them , It is not the wisdom of Magistrates to overlook dangerous Persons by Cruel Indulgence ; one Achan spared , may endanger the whole Camp of Israel ( is not this as bad as Hanging ? ) Traytors to Kirk and King would be duly noticed . And again , Persons of a dangerous Complexion , to undermine the State , would be incapacitated , ( and a Rope is the best way for that ) and put out of reach to hazard the Commonwealth : If he were a Churchman , an Abiathar , he might be sent to Anathoth . This last fling I am apt to believe , was design'd against the Archbishop of Glasgow , for possibly Mr. David dreaded , he was upon the Plot of the Toleration . Stubborn Parliament , that would not provide Halters , or at least Prisons for all these Rogues , when such a godly Man advised them ! The next thing wherein the Church was concerned , was an Act which passed Iuly 29. 1690. Abolishing Patronages , and setting up in their stead , What ? Popular Elections , according to the Presbyterian Profession ? Nothing less . What then ? A new Model for Electing Ministers , for which it will be very hard to find a Ius Divinum in all the Scripture : For now the Heritors and Elders are to name and propose the Person for whom they encline , to the whole Congregation , to be either approved , or disapproved by them ; and if they disapprove , the Disapprovers must give in-their Reasons to the Effect the Afsair may be cognosced upon by the Presbytery of the bounds , at whose judgment , and by whose determination , the Calling and Entring of a particular Minister , is to be ordered and concluded , &c. I am not at present to debate the Reasonableness or Conveniency of this new Model : But it surpriz'd me at first , that the Presbyterian Preachers were so easily pleased with this , after their so warm and frequent Protestations for the Ius Divinum of the popular Elections : But this Surprize was soon over when I found that this Method in the result brought the whole Power as effectually into their Hands , and perhaps more easily than popular Election could have done , and that was all they were aiming at : And here it is that the Divine Right of any thing , with them , doth commonly terminate . At least I am very far mistaken , if this is not all the Divine Right , that shall be found at the bottom of the most part of their glorious Pretences . The next thing I am to take notice of concerns a Set of Men , whom , I know not if you will allow to be called in a State of Persecution , viz. Those who had been Deprived by the Committee of Estates and the Council , Anno 1689. for not Reading the Proclamation against the owning the late King James , and not praying publickly for William and Mary as King and Queen of Scotland . Some of these , though they had obeyed their Sentence so far , as not to exercise their Ministry in their own Churches , yet had adventured to preach in Neighbouring Churches : And for this they pretended they were only deprived of the exercise of their Ministry at such a Place : The Council though it had deprived them , had not unminister'd them ; it was still lawful for them to preach the Gospel when they had occasion : And as they thought they had but too much of that , considering how many Vacancies were made , and how few of these Churches were planted ; So very few that in many Corners of the Country you should have found six , eight , ten Churches all empty in one Neighbourhood : Besides , as they still pretend , they preached nothing but the solid and substantial Points of Christianity , Faith and Repentance , &c. They did not meddle with Crowns and Scepters , and Government , but made it their work to persuade People to a sober , righteous and godly Life . However , this irritated the Government , or at least the Presbyterian Party in the Government exceedingly , and therefore upon the 22 of Iuly , 1690. this Act mas wade about them . THE Estates of Parliament taking into their Consideration , That several Ministers deprived for not praying publickly for King William and Queen Mary as King and Queen of this Realm , and not Reading the Proclamation of the Estates , Emitted upon the 13th of April 1689. for that effect , are vp their Sentence of Deprivation , expresly prohibited to exercise any part of their Ministerial Function , within the Parishes from which they were Deprived , do nevertheless , now far more perniciously and dangerously , diffuse the poison of their Disaffection , by taking the liberty to preach and pray at other Churches and elsewhere , where they neglect to pray for King William and Queen Mary , in manner enjoined by the said Proclamation , to the manifest Contempt of publick Authority , and the stirrrng up and fomenting the disaffection of the People to their Majesties and the present Government , and the encouragement of all their Enemies . Therefore our Sovereign Lord and Lady the King and Queen's Majesties with Advice and Consent of the said Estates of Parliament , do hereby prohibit and discharge the whole foresaid Ministers , deprived as said is , to preach or exercise any part of the Ministerial Function , either in Churches or elsewhere , upon any pretext whatsoever , until first they present themselves before the Lords of their Majesties secret Council , and there , in presence of the Lords thereof , cake , swear , and subscribe the Oath of Allegiance , and also engage themselves under their Hands to pray for King William and Queen Mary as King and Queen of this Realm , and not to own , or acknowledge the late K. Iames the 7th for their King in any sort , conform to the Tenour of the said Proclamation : Certifying such Ministers as shall do in the contrary , That they shall be proceeded against , as Persons disaffected & Enemies to their Majesties Government , with all Rigour . And further , their Majesties , with advice and consent foresaid ordain the said Proclamation , and Act of the Estates of the Kingdom to be put to further Execution against all such Ministers , who have not as yet given Obedience thereto , by praying for their Majesties in manner foresaid ; And that the Lords of their Majesties Privy Council proceed therein , or impower the Sheriffs or Magistrates of Burghs to do the same , within their respective Bounds , as they shall see cause . Neither was this thought enough , for within a few days after , another Act was made against the Distinction of De Iure , and De Facto , and appointing a certain Declaration ; which they call the Assurance to be taken by every person in publick Employment ; And amongst the rest , the Deprived Ministers ; for it is an express Clause in the Act , That all shall take it , who are obliged by Law to Swear the Oath of Allegiance to their Majesties . I am now almost wearied , and therefore I cannot be at pains to Transcribe that Act of Parliament , but I am afraid you may be angry if you get not a Copy of the Assurance , and therefore take it as follows , IAB , Do in the Sincerity of my Heart , Assent , Acknowledge and Declare , That their Majesties King William and Queen Mary , are the only lawful undoubted Sovereigns , King and Queen of Scotland , as well de Iure , as de facto , and in the exercise of the Government ; And therefore I do sincerely and faithfully promise and engage , That I will with Heart and Hand , Life and Goods , maintain and defend their Majesties Title and Government , against the late King Iames , His Adherents , and all other Enemies , who either by open , or secret Attempts , shall disturb or disquiet their Majesties in the exercise thereof . Thus the Parliament thought fit to seeure their Majesties Government , by exploding that pitiful Distinction of de Iure , and de Facto , Rationally sure , and Consequentially : For in a Kingdom where the Government is incontrovertibly Monarchical and Hereditary , such as Scotland is , How is it possible that one can be King de facto , if he be not first such de Iure ? An Usurper he may be , but can never be a King ; a King in such a Constitution being necessarily Nomen Iuris . But to let this pass , because it is no part of my present Concern ; Were not our Non-Complyers , our Non-Readers , and Non-Prayers , our Clergymen who were deprived Anno 1689 , pretty well taken notice of by these two Acts of Parliament ? I believe you will not readily imagine that many of them would incline to qualifie themselves according to these Laws , for the further exercise of their Ministry ; Neither indeed ( so far as I can learn ) has one of them done it in all the Kingdom . They were forced therefore to chuse the other side of the Alternative , and cease from the publick Exercise of their Ministry either in Churches or elsewhere , and did so for a certain time ; That they look'd about them , and considered a little better : And then in several places , they adventured to have Divine Worship somewhat publickly in their own Houses that is , they prayed and sung Psalms according to the Scottish Fashion : And also gave their Families a Sermon , but so as they did not shut their Gates , but left them open , that whosoever pleased might meet with them . This gave mighty provocation to the Presbyterian Preachers : For wherever this was done , it emptyed their Convinticles , of a great many of the Common Sort ; And besides , the Gentry generally flocked to these private Meetings of the deprived Men : Which was an unsupportable Grievance and Trouble to the Brethren ; for so long as that was the Guise , they concluded , it would be impossible , their Interest ( what ever pretences of Law they might have on their side ) could be secured . But what Remedy was proper for such a dangerous Disease ? Should they cite them before their Presbyteries , or Synods , and enter in Ecclesiastical Process against them ? But that would be to no purpose : For they would be sure not to appear ▪ and if the pursuit should proceed to the outmost , if they should Excommunicate them , nothing would be gain'd ; for the Sting was taken from that Sentence , by Act of Parliament : No man being , now , by Law in Scotland , to suffer in his Temporal Interest , by vertue of his being Excommunicated : And it was manifest enough , these Episcopalians would not value a Presbyterian Excommunication upon Spiritual accounts . What then should be done ? Why ? There was no choice : There was no other way imaginable but to importune the Privy Council , that their Lordships would take some Course with such a Criminal Enormity . But then , even this required Prudence , and due Season ; for if such a matter should be proposed when the Duke of Hamilton was present , he might breed Difficulties , and make Opposition : So , it was fit to take the opportunity of his absence ( when he was at Court ) in May and Iune 1692. And then it was , that the rebellious and intollerable Practices of the deprived Men , came to be considered in Council . There was a long List of such given in to their Lordships , but I know not how it happened , it seems it was thought fit to cite only Two at first , viz. Dr. Richard Waddel Archdeacon of St. Andrews , and Dr. Iohn Nicolson Parson of Errol . The first had been deprived for not reading the Proclamation enacted by the States against the owning King Iames , and not Praying for William and Mary as King and Queen of Scotland , before Whitsunday 1689. and by consequence before the Accounts came to Scotland that William and Mary had sworn the Coronation-Oath , without which , according to our Claim of Right , they could not be King and Queen . The other , for the same Crime , had been afterwards deprived by the Council : Dr. Waddel's late Crime was , that in his own Dwelling House at St. Andrews , he had Preached some Sundays , without qualifying himself according to Law , that is , without swearing the Oath of Allegiance , and giving it under his Hand , that he should Pray for William and Mary as King and Queen and taking the Assurance : But Dr. Nicolson's Transgression had many different Circumstances : Which , that you may apprehend the better , I will give you this view of his Case . Errol is a considerable Parish : It lies in one of the most Fertile places in Scotland , commonly called the Carse of Gowrie : and so there are a great many Gentlemen who have Estates in it : But all generally Malignants , or Antipresbyterians , except two or three : So that it was very difficult to get it planted with a fashionable Preacher . But Zeal for the Good Cause must surmount all Difficulties : And therefore these two or three Presbyterian Lairds , with a small number of inferiour People , whom they had cajoll'd into their own Temper , resolve they will have a Presbyterian Preacher , once possess'd of the Pulpit of Errol , and accordingly upon a Sunday morning , ( I think it was on the Tenth of May 1691 ) they bring along one Tullidaff , a young forward Man to preach to them in the Church ; but it seems besides those in the Village of Errol , all the Commons in the Parish generally had got notice of the design , and therefore they convened in a considerable number , and met Tullidaff and his Guards , as he was entring ; and ask'd what the matter meant , &c. One of those Presbyterian Lairds , who were in his Company , began to harangue to them , how Presbytery was now Established by the Law of the Land , that here was a Presbyterian come to preach in the Church , that it would be dangerous to make any opposition , and a great deal more of such stuff : But the resolute Clowns were not to be wrought upon by such whining Rhetorick , and therefore they told that Gentleman briskly , that that Preacher would do best to be gone without further noise , for that day he should not enter the Church of Errol : The Laird began to expostulate further with them but in vain , for one of them told him , they were not to reason Matters : But they would have nothing to do with that Preacher ; he should not come there . Upon this one of that Gentlemans Servants ( more couragious , it seems , though not more zealous than his Master ) offers a stroke at that Fellow , and then it came to earnest , in short Tullidaff the Preacher found it convenient to try if his Horse could ride , and his Guards got sufficient Pay for that days Muster . All this time Dr. Nicolson was in the Parsonage-house ( for by the forbearance of a Worthy young Nobleman the Earl of Northesk his Patron he had still continued to to inhabit it , notwithstanding his deprivation ) no ways concerned in the Tumult , but as he used to do , going about Divine Worship in his own Family . Methinks it needs be no hard task to persuade you that this opposition would be warmly resented by those of the Party , and indeed so it was ; for within a few days after the Matter was brought before the Privy Council , and Summons were issued out charging those who had made that Tumult to appear before their Lordships , and among the rest Doctor Nicolson , as one who had instigated and encouraged the Rabble . The Privy Council banished Doctor Waddel out of the Town of St. Andrews , and Doctor Nicolson out of the Parish of Errol . But it is not much my present business to insist on this ; that which I have had in mine eye all a long , is the Libel that was given in against Doctor Nicolson ; or , which is all one upon the Matter the Charge that was given him to appear before the Council : It was a very large one , no less than three full Sheets of Paper ; so that it would be both a tedious and a needless work to Transcribe it all : And therefore I will only give you the Narrative of it ; which was this word for word . WILLIAM and MARY , by the Grace of God &c. FOrasmuch as it is humbly meant and shown by our Lovit Sir William Lockhart our Sollicitour , and John Blair Agent for the Kirk ; that where , albeit by the Common Law , the Laws and Acts of Parliament , and daily practique of this and all well governed Nations , the Sacred Function of the Ministry is to be holden in great Respect or Esteem , and Ministers should be secured in their Persons , and Goods against all Assaults , Outrages and Violences ; and the perturbers of Divine Service , and those that shall hinder the performance thereof are severely punishable , and particularly it is provided by Act 4. Parl. 3. Jac. II. That the Hally Kirk be kept in freedom , and that nay Person vex Kirkmen in their Persons and Goods , &c. And by many subsequent Laws the liberty and freedom of the Hally Kirk is to be observed , and the Persons of Ministers and Church-men in the Sacred Function are to be had in special reverence , and no ways to be assaulted , hurted or affronted , especially when they are about going to Divine Service , and in the execution of their Office. And by the 27. Act Parl. 11. Jac. VI. 'T is statuted that whatever Person or Persons , shall happen to perturb the Order of the Kirk , or make any Tumult or raise any Fray , where through the People convened shall happen to be disturbed , disordered and dispersed , the same shall be a Point of a Ditty against the Persons that shall be convict thereof , and they shall tyn all their moveable Goods to be Escheat to the King , for their Offence ; but prejudice of a greater punishment , if there happens any Offence , as Slaughter , Blood , Mutilation , and whosoever invades any Minister or puts violent hands upon them , shall be punished with all Rigour , and incur the pain of their moveable Goods , for the said Invasion or Violence , albeit no Slaughter nor Mutilation follow thereupon ; all which is ratified by the 7th . Act Ch. I. by which it is declared that because the insolence and violence may be committed by Lawless and Irresponsable Men ; who cannot be gotten detected ; It is statuted that the Landlords , Heretors , Chief of Clans , and others within whose bounds they dwell , shall be holden , upon Complaint to the Lords of Secret Council to exhibit and produce the Malefactors , to be censured and punished at the discretion of the Iudge ; and the Heretors and others in whose Land they reside are obliged to exhibit them , under the like punishment after intimation made to them that they stay upon the place . And by the 4. Act , Session 2. Parl. 2. Ch. II. It is statuted and declared , that whatsoever Person or Persons shall be found Guilty of Assaulting of the Lives of Ministers or actually attempting the same shall be severely punished , &c. Thus , I say , did the Narative of the Doctors Libel proceed , and then upon this Foundation was the rest of it built , viz. That notwithstanding he was deprived , and the Church of Errol declared vacant , yet when by the Presbyteries appointment Mr. Iohn Tullidaff came to preach there , such a Tumult was raised : And the Doctor was accessary as an Instigator , &c. Now , I could easily tell you a great many things that might be worth your Notice : And that a great many more Acts of Parliament might have been cited : For we have had enough to that purpose , occasioned by the Insults , Invasions and Murthers committed by the Presbyterian Party in King Charles II. His time : But that for which I have Transcribed this Narative is chiefly this , that as on the one hand you may see the Piety of our former Parliaments , in the Protection of Clergy-men , so on the other , you may take occasion to consider what a Spirit prevailed in the last Session of our Parliament , which justified and approved the Deed of the Rabble against so many Ministers : And whether we have not now a very Impartial Government , when the same Laws , which must be buried in deep Silence , when the Case concerns the Episcopal Clergy , are thus awakened , and made cry so lowdly , when the Presbyterian Interest stands in need of them , not as if I were to justifie Tumults of that Nature , No : I abhor them with all my Soul : But why should not all alike guilty be equally punished ? Thus , Sir I have according to your desire , given you a short Deduction of the Usage the Episcopal Clergy in Scotland have met with , from the Civil Power since the 24th . of December 1689. I have endeavoured all along to represent Matters faithfully and truly , as well as succinctly . Two other Things there are which are important , and would not a little gratifie your Curiosity . viz. The Proceedings of the Presbyteries and Synods since the Power was put in their Hands by the Parliament , against those Prelatists who complied , and the Purging the Universities . As to the first , I thought it convenient at this time not to meddle with it , both because it would swell this Letter infinitely beyond its due limits , and I have reason to believe you may confidently expect to se that fully done by another Hand . And for the Universities , those Seminaries of Learning , as they stood under the Episcopal Constitution , were a great Eye-sore to the Party ; and therefore none could expect that the Presbyterians could be satisfied , unless the publick Schools were put into their Hands . Besides the Education of Youth added much to their strength and National Settlement ; so they are resolv'd at any rate , quo jure , quáve injuriâ , to seise very speedily the most conspicuous , and most eminent Places . The Ministers were so warm in this Design , that they importun'd their Patrons in the State to remove such Masters as they judg'd most opposite to their Government , even before the Affair was considered by the Parliament . But the wiser sort among them withstood this precipitancy ; for since they might frame an Act of Parliament such as they pleas'd , it was thought most convenient to delay their Revenge for a little while ; because the Masters of the Universities might be more effectually turn'd out under the Covert of an Act of Parliament , than by the Methods that they first advis'd . These Consultations toss'd to and again at last produc'd that Act of Parliament , that appoints all Masters and Professors in Universities and publick Schools : 1. To sign the Westminster Confession of Faith , as the only Standard of Theological Orthodoxy . 2. To swear Allegiance to K. William and Q. Mary . 3. To sign the Declaration and Assurance , which I have had occasion to mention above . 4. To submit to the Presbyterian Government in its last and latest Figure , as it was lodged in the hands of about fifty or sixty old Presbyterian Ministers . It was easie to foresee that there were but few Masters whose deprivation this Act would not occasion . The trust of visiting Universities , Colleges and Schools was devolv'd on some Noblemen and Gentlemen ( whose names are inserted in the Act of Parliament ) that were most addicted to the Interests of Presbytery . A full Quorum of them met on the twenty third day of Iuly 1690. and subdivided themselves into four lesser Committees : One for St. Andrews , one for Edinburgh , one for Glasgow , and one for Aberdeen . The Committee appointed to visit the University of St. Andrews was managed by the Earl of Crawford , and they could not commit it to one more bigotted to the Interests of their Party . So that their Design was accomplish'd in that place , in a very few meetings , when the Earl made report to the General Visitation at Edinburgh , they were deprived the 25th day of September , ad unum omnes ; Nor did they expect to be otherways treated ; But this merciless Sentence rais'd the Odium of many against the Party : for both the heads of Houses and the subordinate Professors in that University are learned and deserving Men , Dr. Alexander Skeen Rector , and Provost of the old College by his singular dexterity , industry and constant application , chang'd the rubbish and ruins of that House into beautiful and convenient Habitations both for Masters and Students . And Dr. Iames Weems Principal of S. Leonard's College minded nothing in the World more than the welfare of that House . And there is little doubt to be made but that the Learned and Reverend Dr. Lorimer , Principal of the new College , if he had lived had been treated as his Brethren were , since his Principles were as different from Presbytery , as theirs are from the Catholick Church . The next place to be visited was the College of Edinburgh , and because that House was in the Eye of the Nation , they peremptorily determin'd to have the Government of it in their own hands . And it must be confess'd , that the first Professors in that House , did frequently and freely despise the Faction : and therefore could not but expect to be censur'd accordingly . The Presbyterians were very much afraid that Dr. Monro and Dr. Strachan would comply with the late Test , as it stood in their Act of Parliament . This put their Invention upon the Rack , and therefore a strict Enquiry is made into their Lives , Actions , private Behaviour , Words and Conversation ; that if they had comply'd with the Act of Parliament , they might be turn'd out on other Heads ; but this Inquisition and toil was very needless . For after four years sufferings , they 'd venture upon the greatest Calamities , rather than comply with a Test of such Consequences as that is . However it was , this is certain , that the Professors of the College of Edinburgh were prosecuted with the greatest Solemnity , bitterness and indignation that was possible . The first Masters knew very well , that they could not hold their Places under the present Scheme of things , yet they made particular Answers to all the Articles Libell'd against them : for otherwise the Presbyterians would have propagated amongst the People , that they were not turn'd out , because of their refusing the publick Test , but rather for immoralities and Scandalous Faults . There is already published a particular account of the Methods that they took in turning out the Masters of the College of Edinburgh , yet I must beg the Author of that Narrative pardon , if I add some things to what he has written . And I do it the rather , because they are material , and because I have undeniable Authority for them . In the General it is very observable , that the Libels against the Masters of the College of Edinburgh were own'd and subscrib'd by no particular Accuser , and yet the Committee proceeded upon such Libels , as if they had been brought before them in the most orderly and legal manner . By a publick Proclamation they had invited , in a manner , all the Nation , and every particular Man in it , to bring Libels against the Masters , but all this to no purpose : and therefore Sir Iohn Hall then Provost of Edinburgh ( who was contented with the humble glory of being a drudge in this Affair ) cajoll'd Mr. Andrew Massie , one of the Regents of the College , to draw up Libels against all his Brethren . Mr. Massie had in all the Periods of his Life some affected singularities , that made him apt to quarrel with his Collegues ; and always had so much Religion as to worship the rising Sun ; and therefore he ( foreseeing that Dr. Monro must needs be turn ' out ) undertook this generous and honourable Employment of being the Accuser of his Brethren . These Libels form'd and contriv'd by Mr. Massie , were afterwards in several private Conferences conserted with Sir Iohn Hall , and Mr. Henry Ferguson , and then at length read in the Town Council , the Clerks being remov'd , to the end that Sir Iohn might be furnished with all necessary preparations when the Committee for visiting the College of Edinburgh sat . By such kind Offices Mr. Massie recommended himself at once to Sir Iohn Hall and Mr. Gilbert Rule , who , a twelve-month before the Visitation , was design'd to succeed Dr. Monro as principal of the College . Let none of the Inhabitants at Edinburgh think that this is a piece of Forgery vented by ill-nature and Envy ; for I appeal to all who were Members of the Town-Council of Edinburgh at that time , and I have my Intelligence from one of their number , who still makes a considerable Figure in the City . And if any sober Man be unsatisfied concerning the several steps of this Knavery and Disingenuity , he may ask his Neighbours who were then Members of the Town-Council . But the most extravagant piece of partiality was , that Mr. Gilbert Rule himself , who had all possible assurances and promises of succeeding ▪ Dr. Muro , was one of the Judges in that Committee ; and 't was told by a Gentleman , who observed very punctually what passed in the General Visitation , that when Dr. Monro was remov'd five or six times , the other Presbyterian Ministers Members of the Visitation all of them by turns rose up and spoke against him , some once , some twice , but Mr. Rùle spoke thrice . Upon which some said , that that was to kill and take possession . The Masters were never acquainted with the Libels until they appear'd before the Committee , and even then they were not read all at once , but one Article after another , for since most of the Articles Libell'd against them related to matter of Fact ; to oblige the Masters to answer ex tempore , was the most proper way to entangle them ; and so the Members of the Committee took all possible advantages to make them say things inconsistent , or to make their defences in great hast and confusion . In the next place I must acquaint the Reader , with what I have from good Hands , viz. that the only reason why Dr. Monro and Dr. Strachan return'd particular Answers to the unsubscribed Libels against themselves , was , that the Presbyterians might not propagate among the People , and leave it upon Record , that they were turn'd out for Immoralities of Life , not that they thought it possible in that juncture , to stand their ground against Presbyterian Malice . At this Visitation there were five of the Masters turned out . The two Professors of Divinity , Mr. Iohn Drummond Professor of Philology , Mr. Alexander Douglas Professor of the Oriental Languages , and Mr. Thomas Burnet Professor of Philosophy , Dr. Gregory Professor of the Mathematicks was conniv'd at for a while , though he had refus'd the Test as it stood in the Act of Parliament . The College of Glasgow was visited by a Committee whereof my Lord Carmichael was President : And he ( you may be sure ) would take a Method different from Sir Iohn Hall ; for though my Lord favours the Presbyterian Party , yet he is a Man of great Modesty and Calmness of Temper , and he managed that Trust with great Moderation and Equality : Dr. Fall Principal of the College of Glasgow refused the Complex Test as it stood in the late Act of Parliament , and so must needs be turned out , and upon the same account , his Collegue Dr. Weems Professor of Divinity , and two of the subordinate Masters , Mr. Blair , and Mr. Gordon . By Doctors Fall's prudent and frugal management of the publick Revenues he advanced the College of Glasgow to a very flourishing Condition . As for the University of Aberdeen , the Presbyterians were not so zealous to turn them out , because they were remote from the Center of the Nation ; and partly because they had but few of their own number , who were willing at that time to undergoe the Toil and Pedantry of speaking Latin. It was more convenient for their Interest , and more agreeable to their Nature to Preach little Stories to the People , and since most of the Churches of the Southern Shires of Scotland were vacant , they might plant themselves in the most plentiful Livings , and so leave the Aberdonians for a while in Possession of the Northern University ; whether for the Reasons lately mentioned , or because , perhaps the present Professors of Aberdeen are of a more yielding Temper than their inflexible Predecessors Dr. Baron ; and Dr. Forbes , &c. they continue still in their Places . They are all of them very deserving Men , and it is good for that part of the Nation , that they have been more gently treated , than their Neighbours . I have given you this short touch of the Visiting our Universities and Colleges , but no doubt you have the Acquaintance of some in all of them , to whom you may write as freely as to me , and from whom you may expect greater satisfaction than I am able to give you . And now I hope you will allow me to draw to a Conclusion for this time : And Pardon all the failings in Language and Method . I am &c. A Proclamation against the owning of the late King Iames , and appointing publick Prayers for VVilliam and Mary , King and Queen of Scotland . April 13. 1689. THE Estates of the Kingdom of Scotland having Proclamed and Declared William and Mary , King and Queen of England , France and Ireland , to be King and Queen of Scotland , They have thought fit by publick Proclamation , to Certifie the Leidges , that none presume to own or acknowledge the late King James the Seventh for their King , nor obey , nor accept , or assist any Commissions or Orders that may be emitted by him , or any way to Correspond with him ; and that none presume upon their highest Peril , by Word , Writing , in Sermons or any other manner of way to impugn or disown the Royal Authority of William and Mary King and Queen of Scotland , But that all the Leidges tender their dutiful Obedience to Their Majesties ; And that none presume to misconstrue the proceeding of the Estates , or to create Iealousies , or Misapprehensions of the Actings of the Government ; but that all the Ministers of the Gospel within the Kingdom publickly Pray for King William and Queen Mary as King and Queen of this Realm : And the Estates do require the Ministers within the City of Edenburgh , under the pain of being deprived and losing their Benefices , to read this Proclamation publickly from their Pulpits , upon Sunday next , being the 14th . Instant , at the end of their Forenoons Sermons ; and all the Ministers on this side of the River of Tay to read the same upon Sunday thereafter , the 21st . Instant ; and those benorth Tay , upon the 28th . Instant ; under the pain foresaid . Discharging hereby the Proclamation of the Council , dated the 16th . of September 1686. to be Read hereafter in Churches . And the Estates do Prohibit and Discharge any Injury to be offered by any Person whatsomever to any Ministers of the Gospel , either in Churches or Meeting-houses , who are presently in the Possession and Exercise of their Ministry therein , they behaving themselves as becomes under the present Government ; and Ordains this Proclamation to be Publisht at the Mercat-Cross of Edenburgh , with all ordinary Solemnity that none may pretend Ignorance , And that the same may be Printed . The SPEECH of WILLIAM Earl of CRAWFURD , President to the Parliament of Scotland , the 22d . of April 1690. My Lords and Gentlemen , I May say with Nehemiah , to the Nobles , Rulers , and rest of this Honourable Assembly ; The Work before us is great , Let us not be separated upon the Wall one far from another , and our God will do for us . Our Religion , Church-Government , Publick Safety , Laws , and Liberties , are all at stake ; and the Enemy is watching for our halting in our endeavours , for every one of them : Yet if God countenance us , so that Duty be made plain , and we be helped to follow it , we are under the Protection of a Prince , who is a great Iudge where our true Interest lies , and I am convinced , will frankly deal to us , whatever upon a just Claim , we shall apply for . His Majesties Printed Instructions for last Session , are plain evidences of His tender Regard of His People , and contain greater Condescensions , than we have seen , or read of in the Reigns of any of our Kings , for many Ages : But I trust this new Dyet will compleat that Tranquillity , which we so impatiently wish and wait for : And that we shall be engaged to say of his Majesty , as the Queen of Sheba did of Solomon ; Blessed be the Lord thy God , which delighted in thee , to set thee on the Throne , because the Lord loved us , therefore made he thee King to do Judgment and Justice . It were a suitable Return to his Majesty , for the great things He hath done for us , to repose an intire Trust in Him , and evidence a true Zeal for His Service ; which in this Critical time , as it would be most satisfying , and engaging to so generous a Prince ; So it would be of notable advantage to His , and our Affairs . Were it not a seasonable part to guard against Prejudices towards one another , and when all is at Stake , to part with trivial Differences , ( our Enemies only reaping advantage by them ) and to employ our selves to the outmost , for the Settlement of our Church , the Defence of the Kingdom , and the Enacting of other good Laws , now under our Consideration : That we may comfortably and fully partake of the wonderful Deliverance God hath wrought for us . If in our last Session we had begun at the House of God , other things might have framed better in our hands ; hath not the Church suffered sadly by our Differences ? And have not our delays made the Work more difficult ? The Opposition at home , and Clamour abroad , had certainly been less , and many honest suffering Ministers ere now had been relieved of their Pinches , if a greater Dispatch had been made . But what if any remaining Obstacle should prove a real Disappointment in the Establishing of our Church , would not the blame be lodged at our own Door ? Some are at the same Language that was spoken in Haggai ' s days ; The time is not come that the Lord's House should be built : To such I shall give the Prophets Answer , Is it time for you to dwell in your Cieled Houses , and this House lie wast ? We have occasion with Ezra , to bless the Lord God of our Fathers , that the stop is not at the King's Door , but that he hath put such a thing as this in his Heart , to Beautifie his House with that Model , which shall be suited to the Inclinations of the People , which I trust will be squared to the Pattern that was shewed in the Mount , and not meerly regulated by humane Policy . We are threatned by a Foreign Enemy , our Country is infested at home , and the Kingdom sadly exposed to many great Inconveniencies ; What should become of us , if His Majesty withdrew His special Protection , and we were left to the rage of our Enemies ? Though our Church were Settled to the greatest advantage , and our other Grievances likewise Redressed , the Nation cannot be safe , without a Supply , suitable to the present Exigency . It is matter of heavy Regrate , that so many are groaning under the Load of Forfeitures and Fines , and His Majesty willing to relieve them , and as yet no Issue put to those desirable Purposes . May the Wisdom and Goodness of God , so over-rule all our Counsels , that we be not imposed upon by false Notions of things : Let neither Partiality on the one side , nor Passion on the other , either keep up former Differences , or give a rise to new ones , lest it he said of us , as was spoken by Ezra upon the like occasion , And after all that is come upon us for our evil Deeds , and for our great Trespass , seeing that thou our God hast punished us less than our iniquities deserve , and hast given us such Deliverance as this , should we again break thy Commandments ? What my Lord Commissioner spoke the other day , 〈◊〉 delivered to such advantage , that any enlargment I could make on it , would be like a rash touch of a Pencil , by an unskilled hand , upon a compleat Picture ; So I forbear every thing of that kind . It is beyond Debate , that in this Honourable Assembly , the Hearts of a great many are very warm to His Majesty , and that His ▪ though at a distance from us , is no less filled with Thoughts of Favour to us : So if the Result of our Councils be not Comfortable to our selves , and of National Advantage ; I am afraid , the present opportunity of doing well , if neglected , shall prove a heavy Charge against us , in the day of our Accounts . But as the Lord's hand hath been eminently seen in every step of our late escape from Popery , and begun Reformation ; So I trust the Head-stone shall be put on with shouting , and we shall in the Issue be forced to acknowledge , This is the Lord 's doing , and it is marvellous in our eyes . FINIS . ERRATA . PAG. 1. lin . 18. read ●ise to . p. 2. l. 10. dele The. Ibid. r. determination . p. 4. l. 2. r. the greate . p. 7. l. 2. r. Power . Ibid. l. 29. d. For. p. 18. l. 30. r. we are hopeful . p. 11. l. 25. r. the Episcopal Persuasion . ibid. l. 27. r. Ioin ▪ ibid. l. 28. r. preserving . p. 18. l. r. Cassed . p. 21. l. ult . r. Examples . p. 37. l. 28. d. [ . ] before Although . ibid. l. 39. put [ . ] after matter . p. 41. l. 31. r. Representatives . p. 45. l. 9. r. the rest . p. 48. l. 8. r. to them . p. 55. l. 10. r. Debitors . and so l. 19. p. 63. l. 25. after Matter . r. Is this doing just and righteous things to all men ? p. 64. l. 17. r. Earls of . p. 65. l. 3. d. Him. ibid. l. 19. r. Is. ibid. l. 30. r. Embellish . p. 70. l. 5. d. In. p. 74. l. 13. r. Cases of . p. 77. l. 1. r. in to . p. 86. l. 27. Going about divine . p. 〈◊〉 〈◊〉 〈◊〉 r. just now . Notes, typically marginal, from the original text Notes for div A59415-e2050 Vid. Paper at the end of this Book . * A Company of Noblemen and Gentlemen Members of the Convention and Parliament , who had been very Zealous at first for King William , and had not a little promoted the Revolution in Scotland , turned afterward malecontent ; because ( as themselves said ) the Claim of Right was not observed ; or ( as their Adversaries alledge ) because they were disappointed of the Preferments and Rewards , they thought due to their early services . To these joyned some other Members , who had been thought Jacobites , and they altogether were called the Club. They struggled for some time against the designs of the Commissioner , &c. but at length were defeated . Vid. Presbyt . Inquisition as it was lately practis'd against the Professors of the College of Edinburgh . 
A61250	----	Modus litigandi, or, Form of process, observed before the Lords of Council and Session in Scotland by Sir James Dalrymple of Stair, President of the Session. Stair, James Dalrymple, Viscount of, 1619-1695. 1681 Approx. 159 KB of XML-encoded text transcribed from 23 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A61250 Wing S5179 ESTC R13544 13586992 ocm 13586992 100573 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61250) Transcribed from: (Early English Books Online ; image set 100573) Images scanned from microfilm: (Early English books, 1641-1700 ; 851:15) Modus litigandi, or, Form of process, observed before the Lords of Council and Session in Scotland by Sir James Dalrymple of Stair, President of the Session. Stair, James Dalrymple, Viscount of, 1619-1695. 44 p. Printed by the heir of Andrew Anderson ..., Edinburgh : 1681. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Court of Session. Process -- Early works to 1800. Process -- Scotland -- Early works to 1800. Civil procedure -- Early works to 1800. Civil procedure -- Scotland -- Early works to 1800. 2000-00 TCP Assigned for keying and markup 2001-11 SPi Global Keyed and coded from ProQuest page images 2002-03 TCP Staff (Oxford) Sampled and proofread 2002-03 Judith Siefring Text and markup reviewed and edited 2002-04 pfs Batch review (QC) and XML conversion MODUS LITIGANDI , OR FORM OF PROCESS OBSERVED BEFORE THE LORDS OF COUNCIL AND SESSION IN SCOTLAND . By Sir IAMES DALRYMPLE of STAIR , PRESIDENT of the SESSION . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1681. MODUS LITIGANDI OR FORM OF PROCESS Before the LORDS of COVNCIL and SESSION . A PROCESS comprehends the Instruments and order of Procedour in the Administration of Justice . By Instruments are meant Writs and Testimonies , as Oaths of Parties , Witnesses , &c. Processes are brought in before the Lords divers wayes : some in the first Instance , some in the second . In the first Instance , the most ordinary way was , of old , by ordinary Summons , which were drawn up by the Writers to the Signet , without any Bill or Warrant from the Lords , because the Stile and nature of them was current and known , in the same manner as the Brieves of the Chancery . But where there was any thing singular or extraordinary , it behoved to proceed by special Warrant of the Lords : whether it were different from the common Stile , in relation to the Diets or endurance of the Citation , or in relation to the Table and Roll by which Summons were to be called , or in relation to the mater it self . And therefore a Bill was presented to the Lords and pass'd ; and the Summons thereupon bears Ex deliberatione dominorum concilii , which the ordinary Summons bear not . Now most part of Summons are rai●ed upon Bills . Processes also come in upon naked Supplication without a Libel passing the Signet , in some Causes , especially if they concern Advocats , Clerks , Writers , Agents , and other Attendants of the House ; which the Lords call ( upon Complaint ) by the Macers summarly , and thereupon grant Processe . And now since the discussing of Causes by a Roll is established by Act of Parliament , the Lords for dispatch of Complaints of smaller moment , upon special consideration represented by Bill , do grant Warrant to Macers or Messengers , to cite Persons in ●dinb●rgh or the Suburbs upon 24. Houres , to answer before the Ordinary upon the Bills , who discusseth the same summarly , without any signetted Libel , and so without abiding the course of the Roll. They do also upon complaint of any Contempt , as if Parties proceed to Execution where Stops of Execution are granted , summarly give Warrant by a Deliverance on the Bill of Complaint , to cite the Persons complained upou wheresoever they dwell : which is summarly discuss'd by the Ordinary upon the Bills . Processes do likewise come in by Letters of Horning without an antecedent ●earing of Parties : especially where Horning is ordained to proceed summarly by Act of Parliament , or ancient Custom . So Letters are granted for the King`s Revenues , and likewise for the Charges of Commissioners of Parliament , for Reparation of Kirks and Kirk-yards , and for Removing from Gleebes designed for Ministers , &c. These are called GENERAL LETTERS , because they bear not warrant to charge any particular Person , but generally all and sundry concern`d , as Heretors , Li●erenters , Wad●etters , Tenents , and Possessors , &c. And therefore such Charges differ litle from other Summons , and are easely suspended : because the Party or Messenger has power to make the Application . But they require no Diet or Continuatìon : and yet the Party charged ( or Defender ) ere he can be heard , must suspend and sind Caution . All other general Letters of Horning are prohibited , where either the thing charged for , is not specially express'd , or the Names of the Persons charg'd : except as to benefic'd Persons , to serve for an Intimation of their Provisions , but not to denounce any Party . Par. 1592. cap. 240. Yet oftimes general Letters in other Cases pass of cou●se : but thereupon Escheats fall not , though Caption doth follow . For preventing whereof the Lords by Act of Sederunt . Iune 8.1665 . did prohibite the Writers to draw , or Clerks of the Bills to write upon any general Letters of Horning either as to Benefices or modified Stipends , untill the Incumbent produ●e a De●reet conform in his own Person , although he produce one in the Person of his Predecessor . Ordinary Actions may pass without Bill , or by Bill , both passing the Signet . The S●iles and Tenors of ordinary Summons , and of most part of priviledged Summons passing by Bill , as now become fix'd and ordinary , are commonly known and observ'd by the Writers to the Signet , and are contained in their Stile-Books , which they are obliged , and every Session enjoyn`d punctually to observe . And they will be censured by the Lords if they transgress , not only in the Stile of Summons without Bill , but also in presenting common Bills of course ( without special notice of the Lords ) upon trust of the Writers , and Servants in the Bill-Chamber who write the Deliverance upon the back of the Bills . The like , if the Stile be altered in general Letters or other Letters , of Horning , Diligence , and Executorials . All these Warrants of the Lords contain a Command to Messengers , or Sherisjs in that part , to cite and charge the Parties . And in ordinary Summons the Citation is to a Day , which is left blank that the Obtainer thereof may make use of any Day he pleases , within a year after the Summons are rais`d . Most part of Summons formerly , did abide Continuation : that is , the Defender being cited and the Day of compearance past , the Clerk marked the Summons as being called and continued till such a Day : albeit in reality they they were not called , because the Defender was not obliged to answer , till he was cited again● which was by Letters pass`d under the Signet , making mention of the first Summons , of the Citation , and Continuation of the Summons , and commanding Messengers to cite the Party to the second Diet , which also was left blank that the Obtainer might use it any time within a year after their obtaining thereof . Such Summons were not continued as were instantly verified by Writ , or needed no other Probation than the Summons it self , as being negative or presumed in Law to be true . But if the Summons behoved to be proven by the Oath of the Defender , or by Witnesses the same was then to be continued except in some few priviledged Causes as in Actions of recent Spulzie , Ejection , and others . And though Summons upon Bills by the Deliverance of the Lords bare expresly , to proceed without Continuation ; yet that passing of course , was but periculo petentis , and the Summons behoved to be continued . The Act also of Continuation behoved to be extracted before Process could proceed . But now by the Act of Par. 1672. cap. 6. Acts of Continuation and second Summons are discharged . And it is ordained , That in Cases where second Summons were before required there shall now be one Summons with two Diets , in which the Executions to the first Diet may be given by any Person as being Sheriff in that part constitute by the Letters . But after the Day to which the Party is fi●st cited , the second Citation must be given to a new Diet by Messengers , when any Point is re●err'd to the Defender's Oath , with Certification if he compear not and depone , he shall be holden as confess'd . After the last day of compearance is past , if the Pursuer insist not ; the Defender may compear and produce a short Copy of the Citation given to him , which being delivered to a Sub-Clerk , he will thereupon call the Pursuer , of course , before the Ordinary comes out . And if no Advocat compear for the Pursuer , the Clerk will admit Protestation : so called , because the Defender's Advocat doth either really compear or is reputed to do so , and to protest , That his Client being cited to such a Day , and that Day past , ( the Pursuer not compearing to insist ) He may not be obliged to answer till he be summoned of new again . Which Protestation the Clerk admits , and extracts a Sentence of the Lords , bearing them to have admitted the said Protest●tion : which is a kind of Sentence absolvitor from that Instance , and any thing done thereafter till new Citation will be null . If any Advocat compear for the Pursuer , the Clerk will assign him a Day to produce his Summons : and then will call again upon the Copy● and give him a short Diet more , to produce , with Certification that Protestation will be admitted . And then calling the third time , the Ordinary will admit Protestation unless the Process be produced . Upon which Protestation the Defender may raise a Summons against the Pursuer to insist , with Certification if he insist not , never to be heard again . Wherein if the Pursuer of the principal Cause appear , he will get a Day to produce and insist : at which time Certification will be admitted . Or if at the first , the Defender compear not , the Day of compearance being past , if the Pursuer of the principal Cause appear , he gives in his Summons to a Sub-clerk who calls the same after the Day of compearance is past , though there be no Judge present . And if none appear for the Defender , the Clerk writes thereupon , and either decerns or assigns a Day to prove as the Procurator demands , or grants Certification . But if the Cause be not ordinary and obvious , the Clerk must advise with the Lords : who will consider the Relevancy of the Summons , and the sufficiency of the Probation , and either give Act or Sentence as they see just ; or otherwise forbear , if the Libel be not relevant and proven . In ordinary Cases the Clerk extracts the Decreet or Act , as if it were done upon special notice of the Lords . If any Compearance be made for the Defenders , the Clerk then marks upon the Summons or Act of Continuation the names of the Pursuer's Advocat and Defender's in these terms , Actor such a man , alter such a man to see . After which there can be no further procedure till the Process be seen by the Defender's Advocat . And if there be several Advocats for several Defenders , the Process is marked to be seen in such a mans House , where they should either conveen to consult their several Interests , or borrow the Process for that effect , and return it . But the Pursuer doth more safely , when he takes back the Process from the first Party , and gives it to be seen severally to the rest . For otherwayes they will delay him when they come to the Dispute , and will at least get liberty to see the Process in the Clerks hands till the next Calling , that in the mean time they may borrow the Process from the Clerk ( upon their Receipt ) and see the same . Processes were accustomed not only to be seen and called once every Session , and if they were not marked by the Clerks so called , there could be no Process till a Summons of Wakening was raised : for they were not only said to be asleep in the mean time , but also the Defender's Advocats were not obliged to answer , unless they had seen the Process that same Session . But since the Act of Regulation , a Process being once seen is not to be seen again , unless there be Alterations in the Summons , or new Productions . Yea when the Process hath not been called for a whole year , and that thereupon there be a Citation upon a Wakening , the Cause goes on as it stood in the Roll before , and is only seen with the Wakening in the Clerks hands . The Pursuer's Advocat when he gives out the Process to be seen , writes upon the back thereof , Given out by &c. to &c. to be seen , and subscribes the same . And after two or three dayes calls for the Process back . He doth also ordinarly write an Inventary of the Process apart , or upon the back of the Summons and the Defender`s Advocat by accepting of the Summons , is presumed to have received the same the day mentioned upon the back of the Summons , and to have received the Peeces of the Process mentioned in the Inventary : because if these be not truely set down , he may refuse to accept of the Process . If then the Defender`s Advocat deliver back the same , he must write upon the back , that they are seen by him and subscribe his name . Which if he refuse to do , and to give back the Process , the Pursuer by a Ticket may complain to the President , or Ordinary upon the Bills , who will call the Defender's Advocat and amerciat or fine him , till he produce . Or otherwise the Pursuer upon a Copy of the Summons , may cause the Sub-clerk call the Defender's Advocats to reproduce the Process , With Certification that if he do not , his Copy will be holden as a principal , and holden as proven , whereupon the Defenders will be decerned . Which Certification being admitted , a Decreet for not Reproduction may be extracted , which will have all Execution as any other Decreet in absence : and albeit it be more easily suspended , yet not ordinarly without Caution . But for the Security of Parties , that they may not be wronged by the Clerks , all that passes every day , is mentioned in the Minute Book : which Book is read in the Outer-House every day after twelve a clock , and nothing can be extracted till it be read in the Minute Book and twenty four Hours thereafter ; that in the mean time either Party may compear and produce , or take up the Process and get the Decreet delet out of the Minute Book , and oftimes at the very reading of the Book , they compear and get it delet . If the Pursuers after the Process is seen , make any alteration therein by production of new Writs , and altering or mending of the Summons ; the Defender must see of new again the Peeces of the Process , or the Pursuer's Title , where there is any required to be produced , ( which is in most Causes ) and which instructs the Pursuer's Right , as the Summons , or Charge , with the Executions Acts of Process , and Writs produced for Probation . Processes allowed to be seen in the Clerks hands being kept up beyond the time appointed , upon Complaint from the Clerk , they are ordained to be delivered the next day under a certain Penalty , as ten or twenty Dallers . And upon the second Complaint , Warrant is given to debar Advocats from coming within the Barrs , and to incarcerat Agents and Servants , till the Process be reproduced and the Fine payed . Processes being thus seen and ready for Dispute , the same are inrolled according to the Dates of the Return marked upon the backs thereof ; he who is first ready being first to be discuss'd , without preference of the Parties : except the Kings Causes , which after fight may be called without inrolling , at any time upon 14. dayes Intimation to the Defender's Advocats , wherein Donatars Processes are not comprehended . Which Rolls being affixed on the Walls of the Outer House Parties and Advocats may inform themselves , to be in readiness to dispute without surprisal , or tergiversation . Ordinary Actions after they are seen , returned and inrolled are called by the Roll. If the Pursuer compear not to insist , the Defender may crave Protestation upon his Copy . But ordinarly the Pursuer compears , and relates the Cause shortly , if it be an ordinary Summons , the tenor and nature whereof is fixed and known ; which therefore he needs not relate , but only mention the Summons and crave Decreet , if there needs no further Probation : and if there do , he then craves a Day to prove . But if the Cause be upon a libelled Summons , not having a particular known Stile , the Pursuer doth more fully relate , not only the tenor of his Summons , but the merits of his Cause , to inforce the justness and equity of the Cause in particular : unless the Lords upon hearing the relation of the Summons stop him , till it appear whether the Defender controvert the Relevancy thereof , yea or not . For it is an improfitable spending of time , for the Pursuer to inforce the Relevancy of the Summons , if the Defender controvert not the same . In the next place , the Defender if he resolve to dip upon the merits of the Cause , or to adhere rigorously to exact form in the order , then he relates the merits of the Cause , and odiousnesse of the Pursuit , and thereupon proceeds to his Defenses . Defenses do not only comprehend Exceptions properly so called , but all Objections against the Relevancy of the Summons , Order , and Interest . And therefore the Defender propones his Defenses against the Order of the Process ; and first , That the Day of compearance is not yet past . And because the Day of compearance in the Summons and Letters by negligence is left blank , the Defender uses to score the same , or to fill up a wrong Day , and to object thereupon . But if the Day of compearance be mentioned in the Execution , it will be sufficient , albeit the Blank be scored : and if it be wrong filled up , the Ordinary will sometimes cause the Clerk immediatly mend it , and so proceed . And at other times doth as he seeth the Cause favourable , or not . The second Defense is upon the Dayes of Citation : wherein the common Rule is , that against Persons without the Kingdom , Citation should proceed at the ●iercat Cross of Edinburgh and Peer and Shoar of Leith , upon threescore Daye● for the first Summons , and fifteen Dayes for the second ; and for Persons within the Kingdom upon twenty one Dayes for the first and six for the second . From this Rule are excepted Summons upon recent Spuilzie , Ejection , Intrusion , or Succeeding in the Vice of Persons against whom Decreet of Removing is pronounced , which are priviledged by Statute to proceed upon a Citation of fifteen dayes . And by Custom Removings , Causes alimentary , Exhibitions Summons for making arrested Goods or Sums furthcoming , Transferrings , Wakenings , Poindings of the Ground , special Declarators , Suspensions , Prevento`s , and Transumpts are commonly priviledged by the Lords Deliverance upon six Dayes . And the second Citation when it is needful is always upon six dayes except against the Inhabitants of Edinburgh , and the contiguous Suburbs thereof , where the second Citation may be upon twenty four Hours which is declared by Act of Sederunt . Iune 21. 1672. concerning priviledged Summons . And the Writers to the Signet are prohibited to insert any other Priviledge . The third Defense is , That the Summons hath not two Citations conform to the Act of Parliament 1672. For clearing whereof it is to be considered , that the reason of double citation is , that the Defender may have more Citations before any Process be sustained against him , not only to give him competent time to propone his Defenses , but to ascertain him of the Citation , which is some times clandestinely done , but not so easily when there are reiterat Citations . Some times Causes are priviledged to proceed upon one Citation by Law and Custom , and sometimes by the Lords Deliverance . The Law allows no Continua●ion of recent Spuilzies , R●movings , and Actions accessory to the Lords Decreets , as special Declara●ors ; unless the Cause be of the greatest importance , as Reductions , Daclarators of Property , and Declarators of expyring of Rev●rsions . For though ●hese require no further Probation either by Writ or Oath of Party ; yet because of their importance they must be continued . And so must all Summons which are to be proven by the Defender's Oath of Ve●ity , or by Witnesses . The fourth Defense is upon the tenor of the Executions . As first , if the Pursuer crave the Defender to be holden as confess`d , then the De●ens● is , That he was not personally apprehended by a Messenger at Arms , or That the Execution bears not that a Copy was delivered : but if it bear a Copy delivered it will be sufficient , albeit it bear not personally apprehended , because it doth import it . Secondly , if the Defender was not cited personally but at his Dwelling-House , the Execution will be null if it bear not , That the Executer gave six Knocks at the most patent Door or Entry of the Defender's House , designing the same , and that he either delivered a Copy to the Wife , ●●irns , or Servants ; or that he affixed a Copy upon the most patent Door or Gate . It must also contain two Wi●nesses at least : and it mus● be stamped . If any of th●se be omitted the Execution will not be sustained . But the Pursuer may take up his Summons and mend the Executions , abiding by the verity thereof : and it must be seen again by the Defender . The fi●th Defense useth to be upon the Pursuer`s Title , whereby the Defender alledgeth , No Process , because the Pursuer produced no sufficient Title in initio li●is . As if an Heir pursue without production of his Retour , an Executor without a C●nfirmation or Licence , an Assigny without an Assignation , &c. And almost in every Process , that does not meerly consist in facto , a Title in Writ must be produced in initio litis : whereupon there ariseth much debate , ( and very divers and different , ) what Writs must be produced as the Title in initio litis , which were too tedious here to relate . The sixth Defense is upon the Interest of the Defenders not cit●d : whereby the Defender alledgeth , That all Parties having Inter●st are not called . As i● a Pupil were called without his Tutor's being called , at least in general , at the Mercat Cross where the Pupil dwells : or if a Vassal be called in the Reduction of his Right , or in a Declarator of Property and Cognition of his Marches , without calling of his Superior . But this yeelds no Defense for principal Debitors , or for Cautioners bound conjunctly and severally as Principals : for one of them may be called withoue the rest . The seventh Defense is , the order of discussing : whereby the Defender alledgeth , No Process against him till such other Parties be discussed . As Cautioners not being bound conjunctly and severally as full Debtors , are not liable till the Principals be discuss'd . And so Cautioners for Tutors or Executors are not lyable , till the Tutors or Executors be discuss'd . So Heirs-male , till the Heirs of Line be discuss'd ; nor Heirs of Tailzie , till the Executors , Heirs of Line , and Heirs-male be discuss`d . The eighth Defense is , That the Libel , or some member thereof , is not relevant : For clearing whereof it is necessary distinctly to understand what the Relevancy is , which is so frequent and important a Term in our Law. Relevancy is a relevando , to relieve or help : and therefore a thing is said to be relevant , when , if it be true and proven , it would relieve the Pursuer or Complainer , and give him the Remedy which he infers and concludes in his Libel , and craves to be done as due by Justice . For every sufficient Libel contains an argument or ratiocination , sometimes in form of a Syllogisme , when the point of Law is fi●st deduced , as the major Proposition ; and then the matter of Fact is related , as the minor or Subsumption : and thence the Conclusion is inferred as consequent in Justice , applying the Law to the Fact subsumed , and craving the Remedies of that Law to be applyed to this Fact , for the help or remedy of the Pursuer in his Complaint . And therefore in the Libel he is called Complai●er . But more frequently Libels are framed as an Enthimeme wherein the matter of fact is deduced as the Antecedent : and it is thence inferred that in Justice such remedy should be adhibited . Where sometimes , after the matter of fact is deduced , and before the Conclusion or Remedy craved , the Law is mentioned : either generally , That the Fact related as done or omited by the Defender , is contrary to Law , Equity , Reason , or Justice ; or specially , contrary to such Points of Law. Or otherwise it is subjoyned to the Conclusion , That upon the matter of Fact libelled , it ought to be declared or decerned as is libelled , according to Law , Equity , or Justice : or particularly according to such Points of Law. So then the Relevancy of the Libel or Complaint , is the Consequ●nce of the Conclusion of the Libel , from the Premisses thereof . Or it is the Iustice of the Libel , or the Sufficiency and Goodness of the Plea. And the Probation is the Verily or Truth of the Libel . So that the Remedies of Law proceed upon Justice and Truth . The effect is the same● in Suspensions and Reductions , though the form be different . For the Conclusion or Remedy of Law is first proposed : and the Premisses are subjoyned , as Reasons for adhibiting the Remedy proposed . Every Reason being a several Syllogisme or Enthimeme inferring the proposed Remedy , and in effect a several Libel . If the Libel be instantly verified , and require no further Probation , as when the Law presumes it to be true , or when it is instructed by Writ ; or when the Defender is craved to be holden as confess'd ; or there is any other Certification containing a presump●ive Probation , as that , if Writs be not produced , it is presumed to be because they dare not abide Tryal , but would be found false or null , therefore if they be not produced , they are declared to be holden as false or null ; in these Cases , if the Libel be instructed , there is nothing can be controverted but the Relevancy , Inference , or Justness of it . And therefore the Defense , That the Libel or such a Member of it is not relevant , imports this , That the Conclusion craved is not just , or that there is no sufficient ground for it in Law or Equity . And therefore the Pursuer must condescend upon what ground o● Law or Equity he foundeth , unless it be clear and evident to the Judge . In which Case , without putting the Defender to answer , he sustains the Libel : that is , he finds that if the Fact related be true , the Remedy craved is just . And if he find the Libel relevant , and instantly verified , he decerns : either simply in all points according to the Libel , or in part , finding ●ome Members of the Conclusion just , but others not just ; or qualificate , when he finds the Conclusion just , but not in the way that it is demanded , and grants it as it ought to be demanded . Which is ordinarly done in favourable Cases : nor will the Decreet be quarrellable as ultra petita , or disconform to the Libel . But if the Case be unfavourable , he may forbear to qualifie the Conclusions , and assolzie a libello ut libellatur : which will not exclude new Summons , where the Conclusion is rightly qualified : as neither will an Absolvitor in a Reduction , exclude a Reduction in the same Cause , upon new Reasons upon different points of Fact , or differently qualified . But it is not so in Suspensions : where the Decreet suspended not having taken effect by Execution , the Suspender remains in effect Defender , and the Charger who obtained the Decreet , is still Pursuer to get his Decreet put to execution . And there●ore whatever Reasons were competent and omitted in the first Suspension , are not receivable in any posterior Suspension . But if the Libel be simply relevant , the Judge doth simply assolzie . If the Libel be not instantly verified , the Pursuer craves no Decreet , but a Term to prove . And the Question will still remain , Whether the Libel be relevant , that is , Whether if it were proven to be true , it would also be just . For frustra probatur quod probatum non relevat . Relevancy comes to be debated , not only as to Summons and Libels , but as to Exceptions , Replys , Duplys , Triplys , or Quadruplys , &c. which will not be sustained or admitted to Probation , if they be irrelevant , and would not relieve or avail the Proponer . It is to the same effect when the Dispute is , Whether the Defense , Reply , &c. be good or sufficient . For the goodness or sufficiency thereof is the justness , or Relevancy of it . But the Term Relevancy is most formal and frequent with us , and more than with any other Nation . The Roman Law , and the Nations that follow that Law , do but seldom mention it : and the English know it not . But their Dispute to the same purpose , is of the sufficiency or goodness of the Plea , or Defense , &c. Yet we do never adhibite the term Relevancy , but to a matter of Fact proven or to be proven , whether in the Libel , Exception , Reply , or Duply , &c. But when the Alledgence is only an Objection , we do not debate whether the Objection be relevant . As when Writs are adhibited to instruct a Libel ab initio , the Ordinary will hear the Dispute upon the Writs produced , and the Objections made against the same . Wherein the terms are not , That the Writs are not relevant , but that they instruct not , or that they are not to be respected for such reasons : and the Pursuer endeavours to inforce the same , and answer the Objections . In all which it is improper to mention Relevancy . The ninth Defense is upon the Competency , Whether the Suit be competent hoc ordine . For albeit the Libel be relevant , yet it may not be competent . Exceptions , so properly called , are not founded upon the Defects of the Pursuit , but are founded upon some positive Right or Fact , distinct therefrom , exclusive thereof : and that either for a time , or for ever . Those Exceptions which exclude the Defense but for a time , are therefore called Dilators : those which elide the Cause for ever , are therefore called Peremptors , quia perimunt seu destruunt causam . And albeit Dilators may assolzie the Defender ab instantia aut lite , yet never ● causa . And therefore some Dilators are more properly termed peremptoriae instantiae . To make both clear by example ; in the most frequent Pursuits , as in Actions for Debts , if the Defender alledgeth that the Pursuer cannot insist for payment of the Debt , because the Debitor by his Promise or Writ is engaged not to seek the Sum for a time , or hath renounced or discharged Action or Sentence ; if the time be not very long to come , Sentence will be pronounced , suspending execution till that time : which qualifies the Sentence , and is dilatory as to the execution . But if there be an absolute Paction upon the Debitor's part de non petendo , or that the Defender hath his Discharge or Renounciation of the Debt , or if the Defender alledge Payment or Compensation ; these Excep●ions are peremptory , which if proven willassolzie the Defender for ever . And though commonly all Defenses , whether they be Exceptions or Objections , are called dilatory , if they do not absolutely determine the Cause : yet it is clear what difference is betwixt an Exception and Objection : the Objection being only the alledging of a Defect and Nullity in the Pursuit , and therefore are partes judicis , which if he do accurately notice , although there were no Defender , he would not decern . As if there were an Act or Sentence craved before the Day of compearance were come , or if the Summons were not upon the Dayes requisit by the Law , or if the Executions were defective in the Requisits ordained by Law , or if the Libel were not relevant , or any member thereof , or were not competent in such a Process : all which reasons are negative , and require no further Probation . But proper Defenses are positive and are not proper to the Judge to supply : and are not founded upon deficiency of the Process , but upon some positive Right or Fact competent to the Defender . Dilators must be instantly ve●ified , and there can be no Term assigned for proving thereof . Secondly , they are not competent to be proponed a●ter proponing of Perempto●s . Thirdly , all Dilators must be proponed together , or at least at the second Calling , that they may not be drawn in length . As to the first , that Dilators must be instantly verified , the reason is because they do not determine the Cause , and to run a course of Probation for instructing a Dilator , were tedious and expensive , and not worthy of the work . Therefore Defenders are to prepare themselves , and have in readiness the Writ or Witnesses to inctruct the Dilator , which will be received without any Citation or Diligence , but being instan●ly called by a Macer will be admitted . For instance , if a Tenent be pursued to remove , and alledge , all Parties interessed are not cited , viz. his Master , to whom he is Tenent by payment of Maill and Duty before warning : this is a Dilator , and it must be verified instanter , that the Person he condescends upon was his Master before the warning : which may be done either by production of his Master`s Discharges , or by Witnesses , if they be in readiness . Yet in some Cases a Term may be granted to instruct a Dilator , as if the Defender have a Supersedere of the Pursuer for a considerable time , or a probable cause for which he hath not the Writ in his own hand : if he make faith de calumnia , he may get a short time cum onere expensarum . Which is most fully performed without assigning a Term or Diet to instruct the Dilator , but repelling it as not instructed , yet superse●ing the extract of the Act or Decreet for some short time , that if in the mean time he De●ender produce the same , it may be received . If a Dila●or be sustained , the Defender may extract the Sentence thereupon , which in effect is an Absolvitor from that Ins●ance . And if the Pursuer do not mend the Executions and Libel before it be extracted , he will not be heard thereupon till new Citation . As to the peremptory Exceptions this is a Rule , that exceptio falsi est omnium ul●ima . and after Improbation is proponed the Defender can return to no other Defense , unless i● be emergent , o● new come to his Knowledge . But where Improbation is not by Exception , but by way of Action joynt with Reasons of Reduction , the Reasons of Reduction and Improbation may be insisted in together , and Probation allowed in both joyntly , or severally , because they are but two Lib●ls in one Process . When a Peremptory is proponed , the Dispute then runs first upon the Compet●●c● ●h●reof , and next upon the Relevancy ; both which are the Objections agai●st th● Exception , and are not Replys . For as the Exception is upon some Right or Fact positively alledged , eliding the Libel , albeit defective in nothing ; so is the Reply to the Defense , and the Duply to the Reply , &c. As to the Competency of Defenses , the chief Objection is , That such an Alledgence is not receivable by way of Exception without Reduction . As if any person be pursued upon a Bond , and alledge Minority and Laesion , or alledge Interdiction , or that the Bond was granted by his Predecessors in lecto aegritudinis ; these will be repelled as incompetent . Much more , if in any Pursuit upon a real Right , it should be alledged to be a non habente potestatem . So also nullitates facti upon Clauses of Failzie , bearing that in such and such Cases such Rights should be null , are incompetent by way of Exception , even albeit the Clause bear that the same shall be null without Declarator : for the Lords notwithstanding , will not sustain the same without a preceeding Declarator . If these Provisions be penal , the Lords will also allow the Parties to purge the Failzie , by performance at the Bar , in the Declarator : and therefore not sustain such Alledgences by Exception , or by Suspension ; but by Reduction , or Declarator : especially in heritable Rights , and matters of great moment . Though in matters of small moment , when the Parties are poor , they will indulge that favour , which is competent to them by the eminency of their Office , whereby they are not altogether straitned by the limits of ordinary Form. For albeit the Act of Parliament 1621. against fraudulent Alienations make them null by Exception , or Reply ; yet the Lords do not sustain it , in regard that no Infeftment can be taken away , without the Superiors and Authors be called . But Nullities in Law , whereby there is a visible defect in the Solemnities requisit to a Writ or Right , which requires not the calling of a third Party ; are competent by way of Exception , or Suspension : and in effect are rather Objections , than Exceptions . As , That a Writ is null by the Act of Parliament 1540. because it wants Witnesses : or because , the Witnesses , or Writer , or both are not designed : or because , being a Writ of importance , it is subscribed by one Notary , and not by two Notaries and four Witnesses . Against the Defense of Nullity upon the want of Witnesses , this Reply is relevant , That the Writ is holograph , all written and subscribed with the Granter`s own hand ; which is probable by Witnesses : not only if they prove , That they saw the Writ subscribed ; but if they positively affirm , and clearly cognosce , That it is the ordinary Hand-writ of the Party , both as to the Body and Subscription . Against which Reply , this Objection is competent ; That the point to be proven , is concerning the Date , or time of the Subscription : which the Writ cannot instruct , albeit it be proven holograph . Yet the Lords will sustain the same , if it be proven by other Adminicles , and Witnesses who saw the Writ subscribed of the Date it bears ; or who saw the Writ before the time in question : but such Witnesses must be above all exception . As when a Discharge granted by a Cedent , is excepted on , against an Assigny ; who if he alledge , That it is null , as wanting Witnesses , and the Defender in fortification of his Defense offer to prove , That it is holograph : and the Pursuer yet objects , That it cannot prove the Date ; the Defender in fortification of his Defense offering to prove by Writs relating to the Discharge , or Witnesses above exception , That they saw the Discharge as it now stands , before the Intimation of the Assignation ; the Lords will sustain the Defense , if so fortified . Which albeit it appear to include a Duply , and Quadruply ; yet it is but a complex Defense : seing as to the members thereof , there interveens no Reply , nor Triply , but only two Objections : which the Lords upon advising , might supply , albeit not objected by the Party . As if in a Reduction of a Bond against an Assigny , as being payed before the Intimation , or Assignation ; if the Defender be absent , and a holograph Discharge be produced , the Lords , if they advert to it , will not find the Reasons proven ; unless the Pursuer prove it holograph , and instruct the Date thereof to be true , or at least anterior to the Intimation . The Nullity of the want of the Writer`s name insert , or the Witnesses , is elided by condescending upon the Writer , and his designation , and upon the Witnesses : seing thereby the intent tf the Act of Parliament is fulfilled , which is that there may be means to improve such Writs if questioned . All these hold not in Writs that are regulat by the Law of Nations , and not by the proper Law of our Country , in which the Consuetude of Nations is sufficient to astruct the Writ : as Bills of Exchange , Orders , Letters of Advice , Accompts , and Receipts amongst Merchants , which do require no such Solemnities . And in like manner Writs not made in Scotland but abroad . secundum consuetudinem loci , are valid without these Solemnities , and take effect in Scotland . But the Custom of that Place's observing , or not observing such Solemnities , must be instructed . As Writs subscribed by one Tabellion , in France , and Germany ; and Writs sealed and delivered , in England , or Ireland ; prove , though the Writer be not mentioned , nor the Witnesses designed . But in these two Kingdoms , if the Writ bear only to be signed , but not to be sealed and delivered ; it doth not yet prove , till it be approven by the Oaths and Testimonies of the Witnesses . In proponing of Exceptions , the Defender ought not to give Reasons for the Competencie , or Relevancy thereof , unless the Judge call for them : as when they are not ordinary , and appear not to him relevant and competent , though there were no answer made . Otherwise , having repeted his Defense , he should be silent , untill he see if the Pursuer object against the Competency or Relevancy thereof ; or whether he propone a proper Reply , to elide the Exception , without further Debate . In which the Dispute goes over to the Reply , and so unto the Duply , untill the Point be discuss'd . The Defender may also propone several Defenses , which , if found relevant and competent , he will be heard upon all . And what he omits , that was then competent , will not be receivable in the second Instance , by Suspension , or Reduction : nor will be admitted after Litis contestation , unless it be then instantly verified , or be emergent , and new come to Knowledge . The reason is , that Process be not drawn in length , to the vexation of the People in their Rights , by perpetuating of uncertainty of Plea. Which was alwayes used as necessary in ordinary Actions ; and now of a great while , also in Suspensions : the reason being alike in both . Exceptions are so various and many , that it is not proper here to enumerat , much less to explain them : what we intend by this , being but to give a short view of the forme and not of the matter of Process . It shall suffice to name some few most common and most ordinary . Besides what hath been said of Defenses before , and besides the obvious Exception of Satisfaction , Payment , or Discharge , and the Personall Exception against persons being Rebells , and so not having personam standi in judicio ; which will exclude the Pursuer , till it be elided by Relaxation , or till the Rights and Process be assigned , for then ( it being personal ) it will not follow the Assigny : which is also competent against the Defender , whom though the Pursuer hath called to appear , yet he may hinder him by Horning , but cannot hold him as confest , if he will not suffer him to depone : for albeit the King`s Officers might exclude him , yet Horning being but a civil Rebellion ; it is against reason , that he that provokes him to Judgment , should exclude him from it . Wherein neverthelesse , Pursuers will sometimes be so cruel as to crave the Defender to be holden as confest ; albeit they wil not suffer him to compear , and depone , which the Lords do not admit . I say , besides these , there are further the common Exceptions of Praescription , Renounciation , Innovation , Transaction , and the Exception rei judicatae , and litis contestatae . Praescription was once as large as Exception , till it was appropriat to this chief kinde of Exception . We have many Praescriptions in Scotland . As 1. of a Year : and so Tutors of Law not serving themselves within a Year , their Interest praescribes , and there is place for a Dative . 2. Of three Years : so Inquests can not be called in question by Summons of Error , so as to inferr any prejudice against the Persons of Inquest after three Years . Recent Spulzies , as to their speciall Priviledge of summar Process , Oath in litem , and violent Profits , praescribe , not being intented within three Years after the Warning . So also Actions for House-maills , Servants-Fees , and Merchants Compts , praescribe , as to the manner of Probation by Witnesses , if not intented within three years : and are then only probable scripto , vel juramento . So the Preference of the Creditors of the Debitor , to the Creditors of the Heir in affecting the Estate of the Defunct , by the Act of Parliament praescribes in three years . 3. In four Years , the Action of Reduction upon Minority and Laesion prescribes , after the Partie's Majority . 4. In fiue Years , the Right of any holden and repute Heritable Possessors , ( & so possessing for five years , ) praescribes so in the case of Forfaulture , that if the Possesor be forfaulted , & the KING succeed ; all other Parties Rights are excluded , unless they have interrupted the Possession , and raised Process within five years before the Forefaulture . 5. The effect of Infeftments of Property , and Possessory Judgments thereupon , praescribe by the Defender`s possessing seven Years , by vertue of an Infeftment , or Tack , from a third Party : so that thereby Actions for Maills and Duties , or Removings , are excluded , and the Defender`s Right cannot be taken , away but by Reduction , being clad with seven years lawful Possession . 6. The legal Reversion of Apprisings which did expire or praescribe , by seven years after the Date of the Apprising doth now expire and praescribe by the course of ten years , from the deducing thereof . And of Adjudications , the Legal expires in five years , if they be special ; and if general , in ten years . 7. Summons of Error , or Reduction of Retours deduced since 1617. do praescribe , if the Summons be not intented within twenty years after the Service . 8. And lastly , Heritable Rights● and all other Rights praescribe , if not pursued , nor possessed by , during the space of fourty years . The Exception of Praescription of 40. years , is elided first by the Reply of Minority , because that Praescription runs not against Minors : and therefore there must be 40 years , besides the years of their Minority . 2. All Praescription are elided by Improbation , because the Case of Falshood is excepted . 3. The Praescription of three years as to the quarrelling the Persons of Inquest , runs not against Minors , or Absents foorth of the Countrie . Neither doth the Praescription of the Legal of Apprisings , run against Minors . And if a Major succeed to a Minor , he hath a Year after his Succession to redeem . 4. And last of all , Praescriptions are elided by Interruption , in the manner prescribed by Law : whether the Interruption be by natural Possession , or civil by intenting competent Process , or by legal Acts or Instruments . Renounciation is a common Exception : whereby the Pursuer renouncing the Right or Action , he ( or any representing him , ) is thereby excluded therefrom But in Real Rights , singular Successors will not be excluded by Renounciation , unless there had been a Process against the Partie Renouncer , whilst he had Right , whereby the matter became litigious , which is vitium inhaerens , descending to singular Successors . But in all Personal Rights , the Renounciation of him who hath Right for the time , is valid , not only against his Heirs , but against singular Successors . Innovation is also a common Exception : whereby any new Right is given , not in Security or Corroboration , but in full Satisfaction of a former Right ; whereby that former Right is extinct and there can be neither Action nor Defense thereupon . Transaction is also a common Peremptory Defense : for thereby the former Right is either taken away in whole , or in part , and in so far only is the Defense peremptory . For there can be no Transaction , ( properly so called , ) but where the Right transacted is either innovat , or simply renounced , or quit for a Sum of Mony , or an onerous Cause , or at least abated . Exceptio rei judicatae , is where the same Cause now pursued , hath been judged before , and decerned . For there is no new Process therea●ent can be sustained : else there could be no end of Pleas. But this Exception is elided by several Replyes . As if the Pursuit be indeed for the same effect , but not super eodem medio : as when the Person pursuing , pursues as Executor for a Debt , and the Defender alledging that the Debt is Heritable , be as●olzied ; if the Pursuer thereafter enter Heir , and pursue super hoc titulo , the Absolvitor will not exclude him . And sometimes , though the medium be the same , and have been referred to the Defender's Oath , and he thereupon be assolzied ; yet if Writ after be emergent , that doth not infer Perjurie , or contradict the Oath , but proveth more nor what the Defender knew , or remembred ; it will not be excluded by an Absolvitor upon the Oath : especially if the Deponent was not positve , but to his Knowledge and Remembrance . The Exception of Litiscontestation is rather a dilator , than a peremptor Exception , because thereupon the Cause is not determined . But the Pursuer may be thereby excluded from any other Process , without prejudice to him to insist in that wherein lis est contestata : unless the new Pursuit be different from the former , at least super diuerso medio . All the foresaid common Exceptions are aswel competent by way of Reply Duply , Triply , or Quadruply , as by Exception ; and may be libelled upon , as good Reasons of Suspension , Reduction , or Declarator . In all Processes whatsoever whether in ordinary Actions , or in Reductions , and sometimes in Suspensions , Litiscontestation may be made . Which is done when those Points which are to be proven or either part , are discuss'd and determined , as to the Relevancy , and Competencie ; and that is put to Probation which will end or carry the Cause , for the Pursuer or Defender , according as the Point shall be proven , or secumbed in . Whereupon there is an Act extracted , deducing the Process , and Points sustained and admitted to Probation , and likewise those that are repelled : which doth contain the Libel , or Suspension , the Compearance of the Parties , and the Production , and the Dispu●e of all Parties compearing , and the Interlocutor of the Lords . But when all is instantly verified , or needs no further Probation , there is no Litiscontestation : which is sometimes in ordinary Actions , and frequently in Suspensions and Advocations , when the Ordinary doth at once , judge the Relevancy and Probation . But Probation after Litiscontestation , must be advised by the whole ●ords . Litiscontestation may be against the Defender absent , and then the Libel is only admitted to the Pursuer's Probation . Wherein , if he do cautiously libel , he will libel that which may take off the Objections , compe●ent in Law , against his Titles : as if they be holograph , or ancient and past Prescription ; that they are preserved by Minoritie , or Interruption , particularly libelling and proving the same . Otherwise the Lords may stick to give him Sentence : or if by inadvertency they do , the Sentence will be easily suspended , or reduced , unless supplied as aforesaid . And therefore if the Defender appear not , the Pursuer will call for the Libel , and insert what is necessary to make it effectuall , and make Litiscon●estation , and Probation accordingly . When Litiscontestation is made parte comparente , sometimes the whole Objections and Defenses of the Defender are repelled , and the Summons is found relevant , and admitted to the Pursuer's Probation . Sometimes the Defender`s peremptory Exceptions , one or more , are found relevant , and admitted to his Probation : which when they do import the verity of the Libel , the Pursuer is liberat from Probation thereof . Otherwise the Defender propones his Defenses , denying the Libel , or denying the Quan●●ties and Prices libelled . In which case , by the Act of Litisconte●tation the Pursuer is ordained to prove his Libel , and the Defender his Exceptions . For instance , if the Pursuit be for Payment of a Debt , if the Defender propone his Defense upon a general Discharge , not relative to any particular Debt , or if he do propone Compensation ; he doth not acknowledge the Truth of the Libel , and so he may deny the same : and if he prove either of his Defenses , or the Pursuer fail in proving the Libel , the Defender will be assolzied . But if the Defender propone an Exception of Payment , it doth acknowledge , that the Debt was due : and therefore the Pursuer needs not prove his Libel , but the Defender is to prove his Defense ; wherein if he succumbe , the Pursuer will prevail , without further Probation . In like manner , in a Pursuit of Spuilzie , if the Defender except upon lawful Poynding , he doth acknowledge the Libel , as to intromission with the particulars in his Exception ; but he may deny the rest , or he may deny the Prices libelled , which therefore the Pursuer must prove . But if the Defender omit to protest , That he acknowledges not the Qu●ntities and Prices , the Pursuer will not be put to the proving thereof : but the Defense will be holden as affirming the Libel . And if the Defender succumbe , he will not be heard to quarrel the Prices or Quantities libelled , for want of Probation thereof . As the Exception doth sometimes acknowledge the Libel , and sometimes not ; so doth the Reply sometimes acknowledge , or not acknowledge the Exception , as to the Quantities or Prices ; and the Proponer will yet be put to the proving thereof . And the Duply is in the same case , as to the Reply , &c. So that sometimes the Pursuer will have to prove his Libel and Reply , and the Defender his Defense and Duply . For instance , in a Pursuit for Debt due by Bond , if the Defender except upon Compensation , and the Pursuer reply upon a Discharge of the Debt compensed on , and the Defender alledge , That he hath right to the Sum ( wherewith he would compense , ) as Assigny , and if any such Discharge was , it was posterior to his Intimation ; there the Libel , Exception , Reply , and Duply , must all be proven . And if the Pursuer succumbe in proving his Libel , whatsoever be done in the rest , the Defender is assolzied . If the Pursuer prove the Libel , and the Defender succumbe in proving his Exception ; albeit the Pursuer faill to prove the Reply , he carries the Cause . If the Pursuer prove the Libel and Reply , and the Defender prove not both the Defense and Duply , the Defender will be decerned . In discussing of Processes before Litiscontestation , the Ordinary hears the Advocats on both sides debate , and if the Point be clear , according to Law and Custom , he decides . But if it be dubious or new , then he adviseth with the Lords . If he decide , the terms he useth are , Sustains the Order , or the Title , or Libel : or otherwise , Sustains the Alledgences against the same . And if the Libel be irrelevant , or the Title insufficient , he assolzies simpliciter , or ut libellatur . If he sustain the Libel , and proceed to the Defense , and find the same relevant ; the terms are , Sustains the Defense , or otherwise Repells the Defense . And if he find the Reply relevant , and presupposing the Defense ; then he repells the Defense in respect of the Reply . And if the Defense did also acknowledge the Libel , he assigns a Term to the Pursuer to prove the Reply , and not the Libel . Or otherwise , he assigns a Term to prove the Libel and Reply . Or if the Reply be elided by a Duply , presupposing the truth of the Reply , ( as the former Points did of the preceeding , ) then he assigns only a Term to the Defender to prove the Defense and Duply : and so forth of the rest . And if he resolve to advise with the Lords , his term is , you shall have the Lords Answer : which he will seldom refuse , if the matter be doubtful ; especially if the Defender offer a Daller to be forefault , as an Amande , if his Alledgence be not sustained . Before an Interlocutor be reported , the Process is brought to the Ordinary , who peruseth the same , and prepares it for the Lords . And either Party give their Informations to the Lords containing the deduction and favour of the Cause , and the Dispute , which they may inlarge by reasons in their Informations as much as they please : but may alledge no matter of Fact , by way of Defense or Reply , but what was proponed at the Bar. The Ordinary doth the next Day , or soon after , relate the Cause , and repete the Dispute to the Lords . And if he find any matter of Fact in the Parties Informations , which was not proponed at the Bar , he either hears them again upon it , or he reports and shows to the Lords , that it was not proponed . And if they find any thing weighty therein , they will desire him to hear the Parties upon it , either before Interlocutor , or after , as they see cause . Upon report of the Dispute , the Points that any of the Lords think material , are stated and ordered , and any of the Lords reason thereanent . And if they be not unanimous , the Points whereupon they differ , go to the Vote . And then the Ordinary causeth call the Parties in the Outer-house , and reports the Interlocutor , ( which is minuted by the principal Clerk , ) and declares what the Lords sustain or repel . And immediatly after , ordains the Defender to insist in his further Defenses , or the Pursuer in his Replys : and so proceeds from Day to Day , to new Interlocutors , until the Cause be fully discuss'd , either by Decreet , or Protestation , or Litiscontestation . And if either Party have omitted any thing , upon their application to him , before the Sentence or Act be extracted , while he sits without , he will hear them . And thereafter , if by Bill they represent any new matter of moment , the same of course is appointed to come to the Ordinary , and he will hear them thereupon . And if he refuse them , the Lords upon hearing of the Bill , if they find cause , will ordain the Ordinary , or some other , to hear it . Each Ordinary doth also order the extending of Acts , whereof either Party gets a Scroll before they be extracted . And if they differ , the Ordinary determines the same according to the Minuts , and meaning of the Lords . In all which hardly can any Party get hurt , but by their own negligence , or the fault of the Clerks , who if they extract any thing unwarrantably , the Lords will mend the same , even after it is extracted . In discussing of Processes , it is ordinary for Parties not called , to compear for their interest : but they will not be heard , till their Interest be produced ; and then they will be heard in the same manner , as if they had been Parties in the Cause . There ariseth oftimes upon this occasion , the competition of many Rights , which are mutually interchanged , and every one of the Parties admitted for their interest , must see the Productions of all the rest . In which case , the Lords do frequently ordain all Parties , to produce such Writs as they will make use of in the Cause , with Certification that they shall not be heard to produce any thereafter : which nevertheless extends only to such Writs as they then have in their power . And then the principal Cause proceeds , and is either referred to some of the Lords to be heard in the afternoon : or otherwise , the Ordinary sees and compares the Productions of the Parties , and at the calling of the Cause , he declares what he finds evident and clear , as to the Preference . And then ordereth the Parties to dispute , allowing the second Right to be first dispute , with that which he finds preferable ; and which of them prevails , the rest in order , to compete therewith untill all be discussed , and one only be preferred : or otherwise , some of them jointly , or some of them primo loco , and others secundo loco , &c. Competition of Rights , doth also come in by Double Poinding : and that either by way of Suspension , or Action ; whereby the several Parties are cited to produce their Rights , and to hear and see , it found and declared , who hath the best Right ; that thereby the Parties liable , may be out of hazard . The Action of Double Poinding , proceeds on a simple Summons , on six dayes . The Suspension is like other Suspensions , but that it suspends the Right of all Parties till it be discuss'd . This is the ordinary way of discussing of Processes , by premitting the Point of Iusti● or Relevancy , and then admitting the Point of Verity to Probation , according to what is found just : and not till it be found just , for frustra probatur quod probatum non relevat . In the Probation , the benefit or burthen thereof is ordinarly assigned to one Party , without joint Probation . Whereupon ariseth the frequent Debate , Who shall be preferred in Probation : especially where the Alledgences are contrary . As if one offer to prove violently spuilzied and taken away by force , the other Party alledgeth voluntarly delivered and taken away by consent ; the question will be , Who shall be preferred in Probation ? wherein the common Rule is , That where the Defense is contrary to the Libel , he that is in libello is preferred . But even there , and in all Cases , the most special and pregnant Probation is preferred . As in Spuilzies , the Pursuer libels violence , the Defender offers to prove lawfully poinded , which is contrary ; yet being to be proven by Writ , ( viz. by the Executions of the Poinding ) the Defender is preferred . Thereafter , the Parties are ordained particularly to condescend on the Circumstances , and sometimes on the Witnesses Names , that the most special Condescendence , and the most unsuspect ● Witnesses may be preferred . But in several Cases the Lords premit the Probation to the Discussing of the Relevancy : and therefore , before Answer , ordain Witnesses ex officio to be adduced . And where they see it dubious , who ought to be preferred in Probation , they use before Answer to the Dispute ; to ordain Witnesses to be examined hinc inde , and such Writs and Evidents to be adduced , as either Party will make use of . And then they advise the Relevancy and Probation together : and must not admit new Probation or new Alledgences in Fact , competent before the Act ; but the Act before Answer stands , as an Act of Litiscontestation , in all Points , and hath the same Terms to prove , with Litiscontestation . In Acts of Litiscontestation , not only the Points to be proven are determined , but also the manner of Probation : which is either by Presumption , Writ , Oath of Party , or Witnesses . Presumptions are not put to probation in the future , but are cogno●ced in the very Act , and instantly verified ; though from the Probation it self , Presumption may arise . And therefore the manner of Probation is ordinarly appropriat to Writ , Witnesses , and Oath of Party , and that which is presumed , is said to need no Probation . Presumptions are of three sorts , either juris & de jure , or juris , or judicis . Praesumptio juris & de jure , is that which the Law determineth and presumeth upon the Point of Right : which is so strong , that it is a full Proof , and admits no contrary Probation . Unto which is reduced fictio juris , that which the Law , for utilities sake , presupposeth to be , and holdeth to be true , though it be not . So the Heir is presumed to be one Person with his Predecessor , and the Defunct's Possession is esteemed the Heir`s Possession , whereby whatever was possessed by the Defunct , if it was not effectually transmitted , is repute as possest by the Heir , though he exercise no possessory act either of body or mind thereanent . Most of our Certifications are founded upon such Presumptions : as a Writ is improven for not production , upon this Presumption , that the Defender keepeth it up , because he knows it is forged ; and therefore it is declared to be forged . Which Presumption doth not admit contrary Probation . So a Partie`s being holden as confess`d is founded upon the Presumption , that by his Oath , he could not deny the truth of what is alledged . So the using of false Writs proprio nomine , without Protestation , expressing the way how the Vsers came by them , is a Presumption of their being accessory to the Forgery . Praesumptio juris , is when the Presumption is acknowledged in Law , but admitteth contrary Probation . So Dispositions of Moveables , Tacks , &c. made to a Rebell`s Bairns , Friends , or Servants , are presumed by Act of Parliament to be fraudulent , and to the behoof of the Rebel : yet so as the contrary may be proven , if any equivalent Cause be instructed . In like manner Dispositions of Lands , &c. made by Persons Bankrupt , or insolvent , are presumed by Act of Par. to be fraudulent , and in prejudice of Creditors , without an equivalent onerous cause . And albeit in themselves , they bear expresly an onerous cause , either generally , or particularly for Sums of Mony , or Deeds done ; yet when granted in favour of conjunct and confident Persons , they are presumed to be without a true onerous cause , and the Rights themselves , bearing the same , are not trusted : albeit the contrary may be proven , by instructing the onerous cause , for which they were granted . Praesumptio judicis , called also praesumptio hominis , is that Presumption which is not expresly in Law , but the just Deduction or Consequence , admitted by the Judge . This Presumption doth more easily admit contrary Probation : and therefore such Presumptions are said , to transfer the onus probandi ; that is to say , they prove sufficiently for the Adducer , unless the contrary be proven , in which case , presumptio cedit veritati , in comparison whereof it is said to be but veri similitudo , verisimilis veritas , or conjectura . And yet it is not necessary , that either of the two Alledgences of the Parties , must be true ; but that which ought to be , is presumed , albeit it be not certain : according to the Maxime of Law , quod inesse debet , inesse presumitur . In all Summons and Acts , as there is a Will , or Command of the Judge ; so there ought to be a Certification , certifying what the Judge will do , if his Command be not obeyed , as the sting in all Processes , without which they would be long of coming to an Issue . For if nothing could be done , but the charging , denouncing , and incarceration of the Party , ( if he were found , ) until he gave Obedience , or declaring him Fugitive , or denouncing him Rebel , or Outlaw for his Contumacy ; litle benefit would thence arise to the other Party , and the contumacious Party might long stand out . And therefore more expedite Certifications are invented , of which we have as many , as apposite , and as effectual as any Nation whatsoever . Of which we shall adduce the prime instances . The first and most general Certification is , That the Lords will proceed to do Justice . Whereupon when Defenders appear not , they do proceed to Litiscontestation , and do admit Probation , and give Sentence , as if the Defender did appear . The Romans had no such Certification , and therefore unless the Defender were compearing willingly , or by compulsion , they could do nothing , but ( in some Cases ) put the Pursuer in Possession . Neither can the English give any Sentence against a Partie absent : but if he compear not , they do no more , but give out an Outlawry against him , declaring that since he will not obey Law , he shall not have the benefit of Law , in any Case . As Judges in Criminal Causes in Scotland commonly do , if the Defender compear not , they declare them Fugitive , which is Out-law : whereby his Escheat falls . But our Civil Certification is more equal and apposite : seing thereby the Lords in contumacious Defenders absence , do the same that they would if they were present . The next general Certification is , either in Summons or Acts , against Parties cited to give their Oaths , with express certification , That if they compear not and depone , they shall be holden as confess`d : that is , as if they compeared and confessed that which is alledged against them . Which is a most usual Certification , and concludes more Processes than all the other . It is also very important , and will be hardly rescinded : and therefore it is not sustained , unless it be particularly expressed , and unless the Party be cited by a Messenger of Arms , and be personally apprehended , that so his contumacy may be palpable . The third ordinary Certification is , against Parties ( who have intented any Process , ) to insist , with Certification , That if they insist not they shall never be heard thereafter . Which is of great use ; for thereby Defenders put themselves to certainty , and are not obliged still to attend the motion of the Pursuer , who may readily wait his opportunity of the infancy , or evil condition of the Defender`s Heir , and insist against him when he is least able to defend himself ; and letting the Process sleep , may so continue it , were it never so long . In opposition whereof , either this Certification , or a Declarator of Right may be intented by the Defender , to determine the Cause , whilst he finds himself in a capacity . There is another Certification in the case , when the Lords by hearing any Debate , do before answer , ordain the Writs by which either Party will prove what they have alledged , to be produced ; with certification , That they shall not be heard thereupon thereafter : and that their Alledgence shall be holden as not proponed . And more generally , at the entry of several Causes , especially in the Competition of many ●arties , and many Rights , the Lords ordain all the Parties to produce such Writs as they have in the Cause , with certification , That they shall not be heard thereafter . But in regard the Terms of Production are not granted so frequently , and so large as in other Cases ; the Lords do extend the Certification no further , than as to such Writs as the Parties have in their hands , the time of ●he Certification . Whereupon they do sometimes ordain the Parties to depone , and if not , if any Party produce and alledge upon a Writ , not produced before the Certification was admitted ; if the Certification be alledged against the same , it will be rejected . But if the Producer offer to make faith , he had it not the time of the Certification , it will be admitted . Sometimes no particular Certification will be exprest , but the Act bear , With Certification , &c. And the effect thereof is , that the Lords do admit thereupon such Certification as is just , and ordinary in such Cases . But if there be no ordinary Certification in such Cases , the Act is ineffectual . As also other Acts wherein , through negligence , no Certification is exprest ; unless the fulfilling the Desire of the Act concern the Pursuer . In which case he will get no Process , till he fulfil the same : which is equivalent to Certification . In stead of Certification , the Law sometimes allows Protestation : which differeth from Certification in this , that the Certification which is exprest in the Summons , or Act , besides that which is not ordinary nor proper to be so insert , is sometimes admitted by way of Protestation . And albeit it be free for every Party to protest for what he pleaseth , yet only a few Protestations use to be admitted ; such as Protestations at the instance of Defenders , upon the short Copies of Suspensions or Summons : wherein albeit there be no Certification , That if the Pursuer compear not to insist the Defender shall be freed from the Instance ; yet the Defender`s Protestation , as being just and ordinary , is instantly admitted , as effectually as if there had been a Certification in the Summons , That if the Pursuer did not insist , he should fall from that Instance . Such is the Protestation lately introduced in favour of the Pursuer , whereby upon the large Copy of the Summons , if the Defender refuse to produce the Process , the Pursuer protests , That the Copy may be holden as a Principal , and that the same may be holden as instructed , and proven , and Decreet pronounced . Which Protestation the Lords admit , in respect of the Contumacy of the Defender's Advocate , who refuseth to produce the Pursuer`s Process . Such also is the Protestation of the Pursuer after Probation , at the Conclusion of the Cause , whereby when the Defender has produced his Writs , or Witnesses , conform to the Act of Litiscontestation , he protests , That he may be admitted to produce no more , and that the Cause may be holden as concluded : which Protestation the Ordinary admitteth , whereby the Cause is concluded ; and neither Party can use further Probation regularly . So the Lords will advise whether the points whereupon Litiscontestation was made , be proven , or not proven . In other Cases either Party may protest what they please : but their Protestation receives no present Answer . The greatest use it hath is , that it be not presumed those who protest , do acquiesce by their silence : nam qui silet consentire videtur . And therefore when one of the Parties makes any such Protestation , the other Party useth ordinarly to protest in the contrary : and there is no Answer given to either of their Protestations : but they use to be insert , unless they be clearly contrary to Law ; in which case they will not be suffered to be in●●rt . As if the Parties should protest , at the Sentence of the Lords , for remede of Law , or should protest , That the Lords should not proceed ; these , being against their supreme Iurisdiction , will not be insert : but other Protestations will. As if any Reason of Suspension be repelled , as incompetent in a Suspension ; the Suspender may protest , The same may be without prejudice to him to use Reduction . Or if any Defense be repelled , as incompetent in the first Instance ; the Defenders may protest , That it be without prejudice to them , to make use thereof in the second Instance● by Suspension , or Reduction . Or if any Right be reduced , or redeemed ; the Defenders may protest , That it be without prejudice to them of any other Right , whereby they may brook the Lands , or thing in controversy . Which , is especially done when the Lords do not express in the Sentence such Reservations , as oftimes they do ; and though they be omitted they are implyed in the nature of the thing . But least the silence of the Parties might import , they pretend no further , they may for their further security protest . Protestations are only competent , where Certifications , Defenses , Replys , or Duply's are not competent . And therefore Protestations upon Copies as aforesaid , and at the Conclusion of the Cause , and upon incompetency of Defenses , Replys , Duplys , &c. are only competent . For if these other were competent , Prote●tations were neither proper , nor effectual . As if when the Defender`s Defenses , or some of his Reasons of Suspension are discuss'd ; if Protestation were made , That the Defender might be heard upon other Defenses , or upon the Reasons not discussed ; this Protestation , albeit insert , would be of no effect , because contrary to Law , which obliges all Parties to propone all the Defenses and Reasons , that they have , before Litiscontestation . And therefore in the second Instance , new ones are repelled , as competent and omited . So that to protest for liberty to omit , or add in a posterior Instance , is against Law : and those Alledgences being competent in the first Instance , ought to be proponed , not protested for . Processes come in before the Lords in the second Instance , by Advocation or Suspension : and both in the first and second Instance by Reduction . For Reductions of Decreets or Acts are in the second Instance : but Reductions of Rights , whereupon no Decreet or Sentence hath followed , are in the first instance . Of these therefore in order . The original of Advocations is this . Of old , Parties were allowed to appeal from inferior , to superior Courts , when they conceived themselves to have gotten wrong , which was called Falsing of Dooms . And so there lay an Appeal from Barons to Sheriffs , and from Sheriffs to the Kings ordinary Council , in whose place the Colledge of Iustice succeeded , and the Senators of which are therefore designed Lords of Council and Session , from whom there is no Appeal to King or Parliament . By these Appeals , Processes did stop , till the Appeals were determined or deserted . And the Superior Court to which the Appeal was made , did first determine the Appeal , whether bene vel malè appellatum . The Cause was remitted to the Judge appeall'd from , unless the Appeal were sustained ; in which case the Judge appeall'd unto , proceeded in the principal Cause : as is yet accustomed in most Nations . But Appeals have been of a long time excluded in this Kingdom in any Case , and a far better Remedy introduced in their place , by Advocation . For by Appeals Processes were stopt , at the option and fancy of private Parties , which could not but increase animosity and clamour . Advocations proceed upon Supplication to the Lords , containing the special Reasons for which the inferior Judge is incompetent , unequal or unjust : and concluding that therefore the Cause ought to be advocat , or called from him , and determined by the Lords , or other competent and unsuspect Judges . Which Supplications do not pass of course , but are specially advised by the Ordinary upon the Bills , who considers not only the Relevancy of the Reasons of Advocation , but the Instructions thereof . For seing the Party complaining , hath another Remedy , by Suspension , and Reduction ; Advocation is not to be granted , unless the Reasons be not only relevant , but instructed . In which the Testificates of known Persons of Reputation , will be sufficient to obtain Advocation , though not to determine the Cause . As if the Defender alledge , That he is not within the Jurisdiction , or that the Judge is of such relation to the other Party , or that there is open enimity betwixt them : and in all Cases of difficulty , the Ordinary adviseth with the Lords . And if any Party appear , he will get a sight of the Bill of Advocation , and be heard thereupon : and oftimes the Lords will warrant the Reasons of Advocation to be discuss`d upon the Bill , and sometimes the principal Cause . The Lords do sometimes prohibite any Advocation to pass , but in presentia , during the sitting of the Session , or by three Lords met together in Vacance , especially near the close of the Session : that Justice be not delayed , or the inferior Judge discouraged , or prejudged . The same Reasons , that were of old for Appeals , are now for Advocations . As first , That the Cause belongs not to the inferior Court`s Jurisdiction : as when Causes are advocat from Commissaries , as not being consistorial ; or when any inferior Court is proceeding to determine Declarators of Property , or other important Rights , or the Competitions or Nullities thereof . Secondly , When the Complainer is not within that Judge's Iurisdiction , but hath his Domicile and Residence elsewhere . Thirdly , When the Complainer is exempted from that Judge`s Jurisdiction , or hath the priviledge of Advocation by Office , ( as the members of the Colledge of Justice have by Statute , because of their attendence on the Session . ) And sometimes upon gross Inequality and Injustice , Exemptions are granted to the Persons injured , not to be conveenable before that Judge . Fourthly , If the Judge be nearly related to the other Party : whereof the Degree is not determined , but in arbitrio judicis . It is certain if he be Father , or Brother to the Party , he may be declined : and if he repell the Declinator , Advocation will be granted , both upon Incompetency and Iniquity . For by Act of Parliament , the Lords are declined , if they be of any of those Relations to the other Party . Fifthly , If the Judge be a Party , or have any interest in the Cause . Sixthly , If he have showen any malice , or enmity against the Complainer . Seventhly , If he have committed any Iniquity , by repelling any relevant or competent Alledgence , or sustaining that which is irrelevant , or incompetent , against the Complainer . These , or like Reasons of Advocation , being found relevant , and instructed ; Letters of Advocation are pass'd under the Signe●● commanding the inferior Judge to proceed no further , but to send the Process and all that hath been done therein , to the Lords : for which a Term is assigned . Which being past , the Pursuer of the principal Cause , and Defender in the Advocation , gives in to the Clerk a short Copy of the Advocation , and craves Protestation and Remit : which is admitted of course by the Clerk , if none compear to produce the Advocation . But if any appear , some Dayes after are assigned to him to produce , which is marked by the Clerk upon the Copy : and being again called , with certification , That if he do not then produce , Protestation will be admitted , and the Cause remitted to the inferior Judge ; at that time , if he produce not , Protestation will be admitted . If the principal Advocation be produced , the same is given up to the Defender : against whom , if he do not return it within four Dayes , together with the Clame before the inferior Judge , Protestation is admitted . But if he return it , the same is inrolled in the Roll of Advocations , according to the Date of the Return . And when it comes to be called by the Ordinary , the Pursuer of the principal Cause produces his Clame , with the Copy of the Advocation , which was returned ; and craves Protestation , and Remit : which ( if the Raiser of the Advocation do not compear , or insist not in his Advocation ) is accordingly granted . But if the Raiser of the Advocation compear , and insist , the Advocate for the Pursuer of the Principal Cause , doth briefly relate the Cause , and before what inferior Court it was pursued , and craves it to be remitted : and the Advocate for the Raiser of the Advocation , repetes his Reasons of Advocation , for which he alledgeth the Cause ought to be advocat to the Lords ; which stand mainly in the Points before adduced . The Reason of Advocation , upon Incompetency of the Judge , is most ordinary : and that either in regard of a personal Priviledge of the Party conveened , as in the case of the Members of the Colledge of Justice , who by Act of Parliament have the priviledge , that they may advocat their Causes from any inferior Court , to the Lords ; or in regard of the matter : so no inferior Judge is competent to discuss the Nullities of any Right , neither are they competent to Declarators of Escheat , and several other Actions . The Reason of Incompetency may also be founded upon the Parties not being within the Iurisdiction . All these Reasons of Incompetency are elided , by the Partie`s compearing and proponing any Defense , except it were a Declinator . For by proponing any other Defense , he acknowledges and homologates the Authority of the Judge : and therefore cannot question the same , upon the point of Incompetency . But if the Incompetency arise upon the matter in question , which did not not appear at first , but appeared thereafter , upon the Debate of the Parties ; as if the Cause dipped upon the discussing and competition of different heritable Rights ; or if there arise a Debate upon the Nullity of any Right : in these Ca●es , compearance , and acknowledgement of the Auctority , will not exclude the Reason of Advocation . The Reason of Advocation upon suspition of the Judge , as too much interessed in the one Party , or too much unfriend to the other ; stands much in the arbitrement of the Lords : the precise Degree of Consanguinity or Affinity , or the acts of Enmity , not being determinat in Law. And it is the same in the case where there are more Judges , and the Reason meets but with some of them : or only with the Deputes , or some of them , or only with the Clerk. When the Reasons of Advocation are dubious , sometimes the Pursuer of the principal Cause , and sometimes the Ordinary , will offer to the Raiser of the Advocation , to advocat of Consent ; provided the Pursuer of the principal Cause , will dispute the Cause instantly , or otherwise will dispute the same without further sight of the principal Process , or extracting an Act of Advocation . For when otherwise the Parties advocat of Consent , they are to do it when the Clerk calls : and there must be an Act extracted upon the Consent . If the Cause be advocat upon the Relevancy of the Reasons , the same must be instantly instructed : and if they consist in facto , as the Residence of the Party , the Affinity or Enmity of the Judge ; the Raiser of the Advocation ought either to have Witnesses instantly ready to prove , or at least Testificaets of Persons above exception , and known to the Lords . For there the question is not , for deciding of the principal Cause . Advocations are hardly sustained , after Litiscontestation before inferior Courts , unless it be upon the Reason of Iniquity , which is alwayes sustainable , and doth sometimes with one breath , determine both the Advocation and principal Cause . The Cause being advocat , either of Consent , or by Authority of the Judge , the principal Cause advocat , being seen by the Raiser of the Advocation , ( thereby become Defender of the Cause ) together with the Act of Advocation extracted ; then it comes in as an ordinary Cause , in the first Instance . But the Defender will be reponed , and heard upon any Defense , which was unj●stly repelled to him , by the inferior Court , and upon any other he pleaseth : because one being unjustly repelled , he was not obliged to propone any further . The order in discussing of Suspensions is thus . The Charger against whom the Suspension is obtained , after the Day of compearance in the Suspension is past , gives a short Copy of the Suspension to a Clerk , and causeth call it in the Outer-House . If none compear for the Suspender , Protestation is admitted of course . If an Advocate compear for the Suspender , then the Clerk assigns a short Day to him to produce the principal Suspension : and at that same time the Charger may give him out the Charge , being the Decreet , or Sentence , obtained . The first Diet being come , the Clerk calls the Copy again , and assigns a second shorter Time , with certification , That if he produce not , Protestation will be admitted . And then calls the third time , and if the principal Suspension be not produced , with the Charge ( if it was given out in time ) Protestation is admitted . All which is marked by the Clerk , on the back of the Copy , and being put in the Minut-Book and read , it may be extracted the next Day . But during that time , the Production of the Principal , with the Charge to the Party , Clerk , or Keeper of the Minut-Book , will stop the Protestation . The which order is also used for getting back of Advocations , and seing the principal Cause , if it be given out when the Copy is first called . The Charger's Advocate , at the giving out of the Charge , writeth on the back thereof , the D●y that it was given out , and sets his name thereto : and is not obliged to receive the Suspension , unless the Suspender mark on the Process , That he hath seen and returned the same ; but may take out his Protestation , as if the Principal were not produced . According to the Date , of the Return of the Charge , the Suspension is inrolled : and when it comes to be discuss●d , the Cause being called , the Charger produceth the Copy marked by the Clerk , as aforesaid , and thereu●pon craveth a Protestation from the Ordinary , which he obtains , if the Suspender●s Advocate produce not . Yet sometimes , the Charger`s Advocate will hold the Copy for a Principal , and the Suspender will repete his Reasons of Suspension : which though they be not admittable upon a short Copy , in strict form , ( because all Reasons of Suspension , both principal and eked , ought to be set down in Writ , and given to the Charger to see ; ) yet frequently , the Charger will rather dispute the Cause , than take a Protestation , which is easily suspended again : and therefore will answer to the Reasons , as verbally repeted . But if the Suspender compear , and the Charger do not insist , he may produce the principal Suspension , and crave the Letters to be suspended ay and while the Charge be produced : which puts him in tuto , that no Protestation can be taken upon the Copy , till the Charge be produced . Yea , if the Suspender extract and produce the Charge , and refer his Reasons to the Lords ; they will advise the same : and if they find the Reasons relevant , and proven , will suspend the Letters simpliciter . In which case , the Decreet of Suspension is as other Decreets in absence ; and may be reduced upon a Summons of Reduction : wherein the Lords will reconsider the Reasons , and hear the Parties debate thereupon ; and may recall what they formerly did , albeit super eisdem deductis : which they cannot do in Decreets upon compearance . But when the Defender is absent , the Lords do not so accurately consider the Cause , seing there is a Remedy : and likewise because , albeit they find the Reasons relevant , as before ; the Party may elide the same by relevant Answers and Duplys . If the Charger compear , and also the Suspender , and the principal Suspension is produced ; then the Charger doth briefly repete his Charge , or Decreet suspended , and declares what he insists in . And if there be any thing general , he useth to give in a Condescendence in writ , at the beginning , to be seen with the Charge ; which therefore is called the special Charge . And if the Charge have in it many Members , he declares what Points he insists in primo loco : and if he do not , the Suspender may insist upon any Reason of Suspension he pleaseth , against any of the Points . The Suspender in repeting his Reason , should condescend by the number , what Reason it is ; and whether it be libelled or eked . For Suspenders may add or eke to their libelled Reasons , if they will. So that if the Reason they repete , be neither eked nor libelled , in strict form , it may be repelled : or if the eked Reason hath not been at first produced , and seen , with the Suspension , it ought not to be received . Yet many times the Ordinary will indulge that favour , and cause the Charger either answer it instantly , or take it up till a Day , to see : which he may do , without expunging of the Cause out of the Roll ; but may call the Cause again at the Day appointed . And if the Charger hath seen the Reason , may proceed . In like manner , Reasons of Suspension ought to be instantly verified by Writ , unless they be referred to the Partie`s Oath : in which case , the Charger's Procurators , to hasten the Process , will take a Day to produce the Charger to give his Oath . But if the Reason of Suspension be founded upon a Writ , which is not the Suspenders own Writ ; as when Cautioners suspend upon Discharges granted to the principal Debitor : the Suspender will get a Term to prove ; as he will , when the Reasons of Suspension consist in facto , and are to be proven by Witnesses . The first point of Debate in Suspensions is , upon the Relevancy , and Verification of the Reasons . The next point is , upon the Competency of the Reasons . For many Reasons are competent by way of Reduction , that are not competent by way of Suspension ; because Suspension stops the Execution of a Decreet already obtained : and therefore the Execution should not be delayed , except upon Reasons relevant , and a short Probation ; but the Execution ought to proceed . And if the Decreet whereupon Execution pass'd , be reduced ; all that hath been taken away by the Execution , will be recovered . So a Reason upon Minority and Laesion , is not receivable by way of Suspension , but by Reduction . Neither a Reason upon Inhibition , Interdiction , Iniquity , Nullity ; or upon any Clause irritant , not being declared ; ( albeit it bear to take effect without Declarator ) except in few Cases . If the Reason of Suspension be sustained , then the Charger propones the Answer to the Reason ; which is so termed , to difference it from Defenses proponed in ordinary Actions : because the Reason of Suspension is a Defense in the principal Cause , and the Answer is a Reply thereto . The Answer being proponed , is first debated as to the Relevancy , and Competency thereof : but it needs not be instantly verified , because the Charger may delay himself . Many things are not competent by way of Answer , which are relevant : as upon Interdictions , Inhibitions , Minority , and most Nullities , and Clauses irritant , and Failzies ; which require Reduction . But if the Suspender have a Reduction , and will hold the Production thereof satisfied ; he may repete the Reasons by way of Answer , if coincident with his Reasons of Suspension . If the Answer be sustained , the Suspender may propone his Reply , which doth not consist in any Alledgence against the Relevancy or Competency of the Answer ; but in some distinct Writ , Clause , or Fact , eliding the Answer , in the same way as the Answer did elide the Reason : and so the Charger insists in his Duply , and the Suspender may insist in his Triply , and the Charger in his Quadruply , &c. Albeit the Suspender be obliged to verifie his Reasons of Suspension instantly , yet he needs not instruct his Reply : because that ariseth upon the Charger's Answer , and he will get a Term to instruct the same , or his Quadruply . Some Reasons of Suspension , do not conclude to suspend the Letters simpliciter , and so take away the Decreet suspended for ever , but to suspend the same for a time ; and then the Decreet of Suspension bears , The Lords suspend the Letters a● and while , &c. Otherwise ( when the Reasons conclude so , and are sustained ) The Lords suspend the Letters simpliciter . If in discussing the Suspension , there be nothing admitted to be proven in the future , then the De●reet of Suspension follows : which is the common name both of Decreets in favour of Suspenders , and of Decreets in favour of Chargers , whereby the Lords find the Letters orderly proceeded , either simply , or ay and while such a thing be done . And sometimes the Lords suspend the Letters for a part , and find the Letters orderly proceeded for the rest . If any Point be admitted to be proven , either of the Reasons of Suspension , Reply , Duply , &c. whether it be in favour of on of the Parties only , or of both , when they have different Points to be proven ; then Litiscontestation is made , and an Act must be extracted , which is an Act of Litiscontestation . But ordinarly in Suspensions there is a present Decreet . In all Reductions there are several things different from ordinary Processes : for thereby Decreets , Acts , or other Rights are craved to be reduced or rescinded either upon Nullities therein , or upon Reasons in facto , or other Rights eliding the same , albeit of themselves they be not null . So that whatsoever is competent as a reason of Suspension , is much more competent as a Reason of Reduction : albeit many things be not competent by Suspension , which are competent by Reduction . And therefore when that occurrs , Suspenders use with the Suspension to raise a Reduction , that when the Suspension comes to be discuss'd , those things that are not competent by Suspension , may yet be received in the Suspension , because of the Reduction . Especially if the Reduction be seen , and the Pursuer hold the production satisfied by the Charge . Then repeting his Reason of Suspension and Reduction as coincident , he will get the same Terms in both . But if he will not hold the production satisfied by the Charge , then he must debate the Reason of Suspension alone : and if they be not found competent , and sufficiently instructed ; the Letters will be found orderly proceeded in the Suspension , reserving the Reduction as accords . And if the Reduction be seen , and be probable to be soon ready , and upon relevant Grounds ; then the Decreet upon the Suspension will be suspended to be extracted for a time , that in the mean while the Suspender may insist in his Reduction : which sometimes is prorogat upon Supplication as the Lords see cause . And when the Decreet of Suspension is extracted , if there be Reduction depending ; the Suspender doth oftimes obtain a second Suspension , that he may conclude his Reduction , but the giving or extracting the second Decreet of Suspension is seldom delayed upon a Reduction , which was either not rised , or not ready , the time of discussing the first Suspension . In Reductions the Will commanding the Defender to be cited , is put in the first place ; and then the Writs called for to be reduced , in the next : and last , the Reasons of Reduction , ( which with the Writs called for , are left blank ordinarly at the raising of the Reduction , and filled up afterwards , before it be given out to be seen ) containing such Reasons as the Pursuer knows , relating in partic●lar to the Writs called for , and such other general Reasons as commonly may be alledged against any Writ ; as wanting Witnesses , or the Designation of them , or wanting the Designation of the Writer , or being vitiat in the Date , or other Substantials ; which are libelled , mainly , to compell the Defender to produce : because he is obliged to produce no Writ , but such against , which there is a Reason libelled . But after the Writs called for are produced , the Pursuer useth to cut the Summons , and to libel such Reasons as he sees thence emergent : whereupon the Dispute follows . But because Certifications upon Reductions alone , do only conclude the Writs called for , to be reduced ay and while they be produced , which will be sufficient until the Decreet of Reduction be reduced , and till in the Reduction the Writs reduced , be produced , ( for till that time , no use can be made thereof , against that Right whereupon they were reduced ; ) and because the Certification in Improbations is far more absolute , and strong , bearing That the Writs called for shall make no faith in Iudgement , but shall be repute as false and fenzied , because they were not produced , therefore in the same Libel , Reduction and Improbation are frequently joyned , whereby all the Writs called for , have a general Reason of Falshood libelled against them . Which Reason of Falshood may not be eiked in the Reduction , but the Improbation must be libelled upon a Bill pass'd with the concourse of His Majesties Advocat as in crimine falsi . The calling upon the Copy of Reductions , and obtaining Protestations by the Defender , is alike as in other Process . And when the Pursuer compears , if the Defender be absent , the Clerks calling the Summons of Reduction , do admit Certification of course : and if compearance be made , the Reduction with the Titles , Grounds , and Instructions thereof , are given out to the Defender's Advocat . And if they be not returned in due time , the Pursuer causeth call upon the large Copy , to reproduce the Process , against such a Day , and then assigns another Day , with Certification ; and then admits Certification . Which may be extracted within twenty four Hours after it is read in the Minute-Book , unless the Process be reproduced . And that Decreet is the strongest of any of that kind , because Decreets of Certification in Reductions and Improbations , require no Probation , but are granted upon the contumacy of the Defender , who refuseth to produce . And therefore that Certification is intended to force them to produce , since otherwise the Right will be reduced and improven , and be holden as false and fenzied . When Reductions are seen , returned , and inrolled , at the calling thereof by the Ordinary , the Pursuer`s Advocat doth shortly relate his Title , and the Writs he calls for to be reduced , and improven generally , or particularly , and then craves Certification contra non producta . The Defender`s Advocat may also relate the Cause , and doth then propone his Defenses against the Executions , the Pursuers Title , or upon the Interest of either Party , or alledgeth , That all Parties interessed are not called , and urgeth the Pursuer particularly to condescend on the Writs called for , and debates whether he hath interest by his Title produced , to call for them , either for reducing , or improving of them . Where there ariseth many important Debates , which being discuss●d , the Defender takes a Term to produce , and sometimes the Term is assigned Reserving all the Defenders Defenses against the Interest of the Party , and the Alledgences against the Production : which Reservation continues till all the Terms of Production be run . And when Certification is granted contra non producta , if the Defender produce any thing , he will then be heard to dispute . Why he ought to produce no further : and that not only from the Interest of the Pursuer , whereby he cannot call for any other Writ than what is produced ; but also upon the Ground , That the Defender hath produced sufficiently , to exclude all Rights produced by the Pursuer . In which Case the Lords will sometimes hear the Parties debate their Rights , even before the Production be closed : albeit it be more ordinary , and regular , that the Defender should produce what he can upon his hazard , and Certification should be granted against the rest . So that all the Writs whereby the Defender can defend himself , being in the field , the Dispute may be clear , and intire : which otherwise may be drawn out into a very long endurance . Seing the Defender , if it be found that he hath not produced sufficiently , may still drop in one single Writ , and renew the Debate thereupon , and alledge he hath now produced sufficiently , and make as many Disputes as he hath single Writs , contrary to the intent of this kind of Process , which is to force Defenders to produce all they have , before they begin to Dispute . But the Defender will not be heard after the first additional Production , before Certification : but if what he then produceth , doth unquestionably elide the Pursuers Production , he will be assolzied . But if the matter remain any wayes dubious● the Lords will rather observe the ordinary Form , by concluding the Production first , and then falling upon the Reasons of Reduction . Before the Act of REGULATION there were two Terms allowed in Reductions and four in Improbations for production of the Writs called for . After the first Term of Production was come , and the Act extracted , the Pursuer's Advocats caused the Clerk call thereupon , to satisfie the desire of the Act , and he upon calling it , assigned a Day for that purpose : and after that called the second time , and assigned some Diets more , with Certification . But he could go no further , till the Act was called by the Ordinary , who assigned a second Term , whereupon a second Act was extracted . The Ordinary upon calling the second Act in the same manner as the first , was accustomed to assign a third Term , which being come , and a third Act extracted and called as aforesaid , if the matter were of consequence , and concerned the Right of many Lands , and that the Defender would take a fourth Term to close the Production of his own consent , the Ordinary did give him it : otherwise he would grant Certification contra non producta conditionally , That what the Defender produced betwixt and such a day should be received . Which favour was only granted least the Parties and Advocats should be surprised . But since the Act of Regulation , there are only two Terms to produce in Improbations , and one in Reductions : which must be assigned by the Ordinary . Reductions , unless when they are coincident with Suspensions , are to be discuss'd as to the Production in the Outer-House : but because of their importance , they are priviledged only to be discuss`d in the Inner-House , as to the Reasons of Reduction , unless the Lords upon Supplication grant Warrant to the Ordinary to hear and discuss the same . And therefore when the Production is closed , and the Certification concluded , either by the Pursers holding the Production satisfied with what is produced , or by extracting the Certification contra non producta ; the Cause is again called . but the Defender may propone his Defenses against the Production , which were reserved in initio litis , before Certification be extracted , or if he insist not therein , when the Pursuer repetes his Reasons of Reduction , the Defender will refer the same to the Lords . And unless there be a Warrant to hear the Cause extra , the Ordinary will only make a Great Avisandum to both Parties to be ready , to dispute the Reasons when the Lords call : and in the mean time , ordain the Defender to see his own Production in the Clerks hands , as he will be served . But if there be a Warrant to hear the Cause , he will give the Defender some time to revise his own Production in the Clerks hands , and be ready at the next Calling . This is called a Great Avisandum in opposition to the ordinary Avisandum , whereby the Ordinary upon any dubious Point returns ●his Answer to the Advocats , That he will give the Lords Answer , that he will advise with the Lords . The main Defense competent in Reduction besides those which are common to all other Actions , upon the Executions and Order , are first , upon the Pursuers Title and Production , That it cannot give him any interest to reduce , or improve any of the Writs called for . And if his interest be sustained , then the Defense runs upon registrat Writs . If they be registrat in the Books of Council and Session , ●he Defender alledgeth , No Certification , because he condescends upon the time of the Registration , whereby the Pursuer is obliged to search the Register , and to insist against the Clerks to produce the principal Writs r●gistrat . But if they be registrat in inferior Courts , Certification will be granted , unless the Clerk of the Court be called . But if he be called , his not compearing , or not producing , is upon the hazard of the Defender : and the condescending on the Date of the Registration , will not be sufficient in that Case ; but the Defender upon his own peril , must search for the principal , and produce them . But if the Writs alledged registrat in the Books of Session , be not found therein , according to the Condescendence ; Certification will be admitted against the same . There is also an ordinary Defense against the Production of Apprisings , That the Charter and Seasin following thereupon , are produced ; and that before the year 1624. Apprisings were left at the Signet , as Warrants thereof : so that no Certification can be granted against such . Neither will Certification be granted against the Executions of Warnings , or other Executions of Summons , which are small inconsiderable Papers , easely lost ) if Reduction or Improbation be intented long after obtaining of Decreets . But the Registration of Seasins will not stop Certifications against them , because the principal Seasin is not left at the Register . The like holds in Reversions , Assignations and Fikes the●eto , and in Writs registrat during the Vsurpation , when the principals were given back to those that registrat them . But the chief Debate anent Production is , about the general Clause , whereby it is craved that the Defender may produce all Writs and Evidents made and granted by the Pursuer`s Predecessors and Authors of , and concerning the Lands and Rights in question , As to which it is alledges , No Certification against Writs made by the Pursuer , and his Authors , unless his Right and Progress from these Authors be produced : which is sustained , and the Certi●ication so qualified . Albeit it be sometim●s debated that the Pursuer being Infeft , and in Possession of the Lands ; especially if he can alledge , That he hath produced a Progress of fourty y●ars time , which by the Act of Prescription 1617. if clad with Possession uninterrupted during that time , maketh an absolute Right , against all deadly ; it seems to give interest to all for , and reduce the opposit Rights made by whomsoever , whether the Pursuer show that he hath Right from the Authors thereof , or not : especially since the Act of Parliament 1617. It useth also to be alledged , No Certifi●ation against Writs made to the Defenders , and their Authors , unlefs these Authors , or some representing them , were called : which the Lords will sustain , because no man is obliged to dispute his Author 's Right , unless he be called . But it will s●ffice to call his apparent Heir : and the Rights belonging to the Defenders may be produced , al●eit they be not actually entered Heirs , or infest . And therefore the general Clause is sustained as to All Writs and Rights granted to the Defenders and their Predecessors to whom they may succeed jure sanguinis , or against All Writs granted in favours of their Authors , and in favours of these that their ●uthors might r●present jure sanguinis , if the Authors , or any that do , or might represent them be called . But Certification will not be admitted against Writs granted by the Pursuer's Predecessors , except such Predecessors to whom he is actually served Heir , immediately , or by progress . It useth also to be alledged , that no Certification can be granted against the Writs called for , but such only against which a Reason is libelled : which is taken off when improbation is included . Because that Reason , That all the Writs called for , are forged false and fenzied , reacheth all : and where Improbation is not libelled , the common Alledgence upon Nullities , or the like , useth to be insert . And if a Reason be libelled that may reach them , the Pursuer is not obliged to dispute , Whether the Reason be relevant ot not . And therefore as the Nullities upon the Subscription of original Rights , so generally Nullities of registrat Writs are libelled , as being Acts or Decreets extracted contrary to the Warrant of the Judge . There uses also incident Diligences to be raised , and produced to stop Certification . Which incident Diligences are Summons of Exhibition against the Havers of any of the Writs called for ; especially against the Defenders Superiors , Authors , and others . For albeit the Superior , and other Authors might be called ; yet if they compear not , the Defenders compearing ought not to lose their Rights . And therefore Law allows them time to use Diligence for recovering of their Rights , not only during the Terms of Produ●tion , but also ay and while the Incident be discuss'd . But the Incident will seldom be sustained , for recovering the Defenders own Writs : because without consideration of the Dependence of the Process , he had sufficient interest to pursue the Exhibition , and Delivery of these ; unless they were common Writs , of the Defender's Lands and Rights , and of other Lands and Rights , the custody whereof did not belong to the Defender , by the agreement of Parties , or because he hath the lesser Interest : or unless the Defender be , or hath been minor , and the Writs in the hands of his Tutors , or Curators . So as it is the Defenders fault that he hath not his own Writs : and therefore cannot thereby delay the Pursuer , but must content himself with the ordinary Terms of Production . If the Terms of Compearance in the Incident be not past before the Term of production in Reductions , or the first Term in Improbations ; it will not be sustained , nor stop the course of the Action . But if the Incident be raised and execute debito tempore , and all Solemnities and Formalities exact therein , it will be sufficient : but in the mean time the ordinary Terms will proceed , not only for the Writs for which the Incident is sustained , but specially for all other Writs called for . For it were against reason , that after the Incident is ended , any Terms of Production as to these Writs should then be demanded . In discussing the Reasons of Red●ction there is litle singular from ordinary A●●ions . For the Reasons are in effect the Libel , and as in any particular Libels concluding either against divers W●●●s , or against the same Right super diuer●●s ●ed●●● . And therefore the Defender's Ex●cep●ions against the Reasons● are not designed an Answer as in a Suspension , but ● Defense whereunto the Pursuer replys , the Defender duplys , &c. until the Points be discuss'd and Litiscontestation be made . The Pursuer may insist against any Writ he pleaseth , primo loco : and upon any Reason may make Litiscontestation , and may obtain Decreet ; and thereafter may insist agai●st the rest of the Rights . But if he make no preference , the Defender may propone his Defenses against any of the Reasons of Reduction , he pleaseth to choise first . Upon the discussing of the Reasons of Reduction , Litis●on●●station is never made for proving any thing by Writ , as the progress of any Right : because the Certification contra non producta , cuts off all other Writs , but such as are produced . So that whatever can be alledged upon Writ is instantly verified . Yet Litiscontestation may be made for proving Points of Fact , as the proving of Minority , Interruption by possession , Deeds of homologation , and offers , which may be proven by Oath of Party , or by Witnesses . Thus Litiscontes●ation is cleared in all kinds of Processes : and it is the main Point in all of them , fixing the same , and ordering , not only the ●atter to be proven , but the manner and Terms assigned for Probation . After Acts of Litiscontestation are extracted , both Parties are in tuto till the Term pass : if they do take out Diligences for proving the Points admitted to their Probation ; whether it be for exhibition of Writ , for proving of Points found probable by Writ , or for citing the Parties to compear and depo●e upon Points referred to their Oaths , with Certification to be holden as co●fess●d , if they compear not . For albeit in discussing of Suspensions or Advocations● Chargers do not put Suspenders , or Raisers of Advocation , to ●ake Terms to cite them , which would give them delay , but their Advocat● do take the shortest Terms they can , to produce them to depone ; yet in other Cases , when any P●int is referred to a Partie's Oath , he must be cited by ● Messenger at Arms , personally apprehended , with Certification to be holden as ●onfest . And if the Point to be proven be by Witnesses , Diligences are granted , to compell the Witnesses to compear . For which there were many Terms granted , and more to the pursuer ( who wa● not presumed to delay himself ) than to the Defender ; which were in the way of Letters of four Forms● the first being only a Citation to compear and bear Witness , the second a Citation with certification that Letters of Horning would be direct , the third a Horning , the fourth a Caption● But now these being long out of use in any Case , there are only two Diligences granted against Witnesses , either for the Pursuer or the Defender ; the first by Horning , the second by Caption . The Diligence for production of Writs to prove , are either ordinary or incident . Ordinary Diligences are competent to Part●es , even for recovering of their own Writs● but incident Diligences are for recovering of Writs belonging to others● at least are in the hands of T●to●● a●d Curators . For when Parties are to prove by other ●ens Writs they have no Title● 〈…〉 them exhibit the same● but incident●● as they may be made use of in ●●oces●●● . And therefore they are called i●●ident Diligen●es , being in the tenor of an Exhibition of Writs for in●tructing any Point of Right , or Fact. Incident Diligences were formerly most tedious , expensive , and wearisome to Parties . For the user thereof might , for proving that the Party cited had the Writs he called for , make use of Witnesses ; and thereby had four Terms to cite the Witnesses . And if thereby he obtained Decreet of Exhibition , he had Terms against the Havers , by Horning and Caption , and several Terms also against Magistrats to put the Caption in Execution . All which Defenders were ready to pretend necessary , when they knew there was nothing to be found , and did it only to procure delay . But by the Act of Regulation these Delays and Pretences are much cut off . For as the Subjects in every Society are oblieged to promove Justice , by bearing witness upon their Oaths , so are they oblieged to depone , whether they have any Writs that may prove the thing in controversie , and if they acknowledge the having thereof ; they ought to exhibite them ad modum probationis . Therefore incident Diligences do now proceed by Horning against the alledged Havers , charging them to appear and depone whether they have the Writs called for , and to produce them in so far as they have them : and if they obey not the Charge of Horning , Letters of Caption are direct to incarcerat them , till they depone , and exhibite what they acknowledge . There be three sorts of Oaths : Oaths of Verity , Oaths of Calumny , and Oaths in litem . Oaths of Verity do affirm or deny , the truth of the point refered rhereto : wherein if the Deponent deny , he may either do it simply , or qualifica●e , so far as he knoweth or remembers ; in which case his Oath will not exclude other Probation . But if his Oath be affirmative , he may not so qualifie the same . Oath of Calumny doth only require the Party to depone , That he doth not calumniously alledge any Point , knowing it not to be true : but that he believes it to be likely . And if by this Oath , he do not so assert the Point offered thereto , or be holden as confest for not deponing ; it is a sufficient Probation against him . There is not so much consideration to be had in the Oath of Calumny , of the Iustice of any Point , which the Judge should determine● but of the Partie's opinion of the verity thereof . For by our Custom Oaths of Calumny are not taken , till the Lords sustain the Relevancy . Nor are Pu●suers put to depone de calum●ia upon the whole Libel , before it be discuss●d . If the Party be present , whose Oath is craved upon the Libel , or Alledgance , he must either depone , or be holden as confest : and if absent , he may be cited by a Messenger , with that Certification Which goeth on as a distinct Process . Advocats are also put to depone de calumnia , that they do not invent their Alledgances , but were truely so informed . When Witnesses are allowed to prove , the Act bears , those Points in which they are allowed to prove , To be pr●●●● pr●●● at ●●rt . For by our Law , Witnesses are not ad●itted to prove matters of importance , where Writ ●●eth● and may be interpo●●d to secure again●t ●erjury , and as a penalty upon the negligence of these who might have ma●e ●fe of Write , and did not . As the Roman● did exclude naked Pactions , without Stipulation ; so Witnesses cannot prove the lending or delivery of Mony , above an hundred pou●● Scots . And they can in no case prove Promises , Commands , or Warrants . Neither can Witnesses be taken to take away Writ , except as to delivery of Victual . The Terms of Probation being come , and bygone , either Party against whom any Point is to be proven , causeth the Clerk call the Act of Litiscontestation , and the Advocats therein mentioned , and intimats to the parties to satisfie the Desire of the Act ; and thereafter the Act is called by the Ordinary , before other Causes be discuss'd . The Act having been first intimat by the Clerk , and thereafter called by him before the Ordinary , the Advocats therein mentioned are called to the Bar , and then the Pursuer's Advocat craves , That the Term may be circumduced : and oft-times much time is spent in relating of the Cause , and Tenor of the Act ; especially by the Defenders Advocats , who many times have need to bring themselves in remembrance of the Cause by speaking of it : for avoiding whereof , The Sub-clerk who calls the Act should peruse it , and be in readiness to relate to the Ordinary in a word , what is the Point to be proven : which may be done without so much as repeting the Process , but only the kind of the Action , and then whether the same , or a Defense Reply , or Duply was admitted , reading the interloqutory words of the Act , which expresses what was admitted to Probation . The ordinary terms accustomed in such Cases are , that the Advocats who cause call the Act craves , That the Term may be circumduced , or That certification may be granted , or specially , That the Party may be holden as confest , if that be the certification . Likewise the Pursuer causeth call the Act when any Defense , Duply , or Quadruply is admitted to the Defender's Probation . In which Case he craves , The Term to be circumduced against the Defender . As also , if the Pursuer be to prove the Point by the Defender's Oath , then he causeth call the Act and craves , The Defender to be holden as confest . If the Point , whether it be the Reply , or Triply , be to be proven by the Pursuer , then the Defender calls the Act and craves , The Term to be circumduced against the Pursuer . Or if the Defender be to prove any thing by the Pursuer's Oath , then he craves , The Pursuer to be holden as confest . But if there be Points to be proven hinc inde , as if the Defence do not acknowledge the Libel ; then if the Pursuer call the Act , albeit the Defender call not at the same time , yet he will alledge , That Certification cannot be admitted , until the Pursuer prove his own Libel , and prove the Quantities , or Prices : which will be either granted , or at least no Decreet can be granted , till the Pursuer's part be proven ; and whatever the Defender produceth medio tempore , will be admitted : but regularly Certification should not be admitted . The same holds in other Points of the Process , to be proven by the Defender , when the Defenses do not acknowledge the Points to be proven by the Pursuer . But if the Defense acknowledge not the Libel , nor the Reply the Defense ; then if the Pursuer call , and renounce Probation as to his Libel , he may crave the Term to be circumduced for not proving the Defense , though he prove not the Reply , that being only necessary to be proven in case the Defense be proven . As if the Defense be Compensation ● and the Reply be Recompensation or discharge of that Debt , whereupon the Compensation is called ; if the Pursuer prove the Debt , he may crave the Term to be circumduced against the Defender for not proving the Debt , whereupon he craves Compensation , albeit the Pursuer prove not the Reply . In this case also the Defender may crave the Term to be circumduced against the Pursuer , for not proving of his Libel , albeit the Defender prove not his Defense . But if the Pursuer adduce Probation , or use Diligence for proving of the Libel , the Defender cannot crave the Term to be circumduced against the Pursuer , for not proving his Reply , till the Defender prove his own Defense . The like holds in the Duply , or in any other Point . The Term may be circumduced , and yet no Decreet pronounced . As if the Pursuer have adduced probation of his Libel , Quantities , and Prices not acknowledged by the Defense , and renounced Probations , he may crave the Term to be circumduced against the Defender ; to the effect the Cause may be concluded and advised . In Circumduction of the Term , or granting of Certifications , the Ordinary useth to do it conditionally , That what shall be produced betwixt and such a time , shall be received : ( especially if the Defender's Advocat declare , that the Writs called for , are not at present in his power , but that he expects the same ) the time of which Qualification is in the discretion of the Ordinary , who will give longer time , if any impediment or hinderance appear . Item if the Point be to be proven by Oath of Party , and at calling of the Act , the Advocat for the Party who is to give his Oath , produce Testificats of his Sickness or Infirmity , or other necessary obstacle or impediment : and therefore craves a further Term , or Commission , which will be granted , if the Testimony be upon Conscience from known Persons ; especially Ministers , and Physitians . Especially if that obstacle was not known to the Partie's Advocat , when Litiscontestation was made , but emergent , and new come to Knowledge . And though it be not sustained , yet if there be any probability therein , the Term will be circumduced conditionally to such a Time , that the Party holden as confest may compear and depone . And these conditional Circumductions the Lords , upon Supplication , do oftimes prorogat , as they see Cause . In posterior Diligences , there is only Warrant granted to cite such Witnesses as were in the former Diligence , unless there be a Warrant for it by the Lords , upon the emergency of the notice of further Witnesses , or the Death , or Removal of others before cited : and regularly no more than twenty four Witnesses can be adduced for the same Points . Witnesses will be received upon the very Day of compearance assigned for them : and they are brought judicially to the Bar , and the Parties being also called to the Bar , their Oaths are taken by the Ordinary , who may hear and discuss the Objections made against them , or may refer the Objections till the afternoon , to be received by those who receive and examine the Witnesses . Who , if any Debate arise upon any Objection , will ordain the Witnesses to attend the next Day , and in the mean time will advise with the Lords thereane●t . In some cases , also Witnesses are sequestrat , that neither party may have access to them , that so they may be more free , and their Testimonies without corruption . Objections against Witnesses as all other Dilators , must be instantly verified ; Witnesses not being obliged to attend , till the verity of the Objection be proven . Nor are two Litiscontestations admittable , regularly , in one Cause . Therefore Reprobators have been sometimes protested for , but the effect thereof hath been very rare . Requisites of Witnesses are , That they be famous , equal , and inconcerned in the ●arties , or Cause . Hence arise the Objections : 1. That the Witnesses are infamous , as being so cognosced and declared by the Sentence of a Judge competent , as by the Counsel and Session , and Justice General . 2. Upon the same Point of Infamy , Persons known to the Lords to be debauch'd , or in no reputation , ( albeit they be not so judicially declared , ) will be excluded : and such as are not worthy the Kings Vnlaw . Upon which ground it is , that Beggars are excluded . 3. Witnesses are excluded upon their Interest in the Adducer● and that either by Consanguinity , Affinity , or Service . By Consanguinity , Cousin-germans , or of a nearer Degree , are excluded . And where there is not penuria testium , sometimes Witnesses adduced of a further Degree , will be excluded , as in penuria testium , Degrees regularly prohibite , will be admitted . The Degrees of Affinity are not so clearly determined . But , unless there be penurie , the same Degree is likewise to be observed in Affinity as is Consanguinity . But there is no affinitas affinitatis : and therefore a man will not be admitted in the Cause of his Wif`s Brother and Sister , but he may be Witness in the Cause of his Wif`s Sister`s Husband ; because that is but affinitas affinitatis . Much more in Cases more remote . As Interest in the Adducer , so Prejudice or Enmity with the other Party , may exclude Witnesses : who in that case are not presumed to be equal and impartial . And likewise upon the Point of Interest , not only domestick Servants , but moveable Tenents , who may be removed at the arbitriment of the Adducer , having no standing Tack , nor Infeftment ; are not ordinarly admitted : but Vassalls , and Tenents having a Tack are . Witnesses are also excluded upon inequality , if they have given partial Counsel , in prejudice of the Party against whom they are adduced ; or have received , ( or accepted a Promise of ) any benefit or good deed , for bearing testimony , other then the ordinary Expences allowed to Witnesses . And therefore albeit these be not objected agai●st the Party , the Lords use to cause Witnesses purge themselves of partial Counsel , which they explain to them , not only of their partiality by good deed , whereby they may be presumed to have promised , and intended not to be exact in the truth of their testimony ; but also if they have stirred up the Party to the Plea , and promised to bear Witness for him , and advised him how to mannage it . The Point of Inter●st in the Cause excludes Witnesses , not only if they may tine or win in the Cause , as being sharers therein ; sed si ●oveant consimilem causam , whereby they may be suspected to give their testimony so , as may advantage the interest of the like Cause , wherein they are concerned . But in all Cases , there is much in the arbitriment of the Lords : wherein they ponder the Moment of the Cause , the antiquity , and capacity of Witn●s●es , whereby sometimes VVitnesses who by their Circumstances , appear to be ne●essary VVitness●s , are admitted contrary to the ordinary Exceptions . And albeit in civil Cases , the Lords do not admit VVomen ; yet in some Cases , wherein they are necessary VVitnesses , they will be adduced even in matters of greatest Moment . As if the Question be concerning the return of Tocher , or the Enjoyment of a Joynture , and if it be alledged , That al●eit the Marriage was dissolved within year and day , yet there was a living Child born and heard cry and weep ; in this case , the Mid-wife , and other VVomen who were present at the birth of the Child , will be admitted VVitnesses , as being necessary , seing men use not to be present at that time . Sometimes also the Lords will admit VVitnesses cum nota : and generally , when VVitnesses are examined ex nobili officio , all VVitnesses whatsoever are admitted , and the Lords consider how far to make use of their Testimonies , at the advising thereof . The Probation being closed , the Cause comes to be concluded . VVhich is two wayes : for either the Pursuer renounceth Probation , and refers the Cause to the Lords ; or otherwise , if the Defender have adduced Probation , and have no more Terms current , or competent , then the Pursuer doth protest , That the Cause may be holden as Concluded , which also will be admitted . At the conclusion of the Cause , when VVrits are produced , the Producer is not obliged to dispute that the VVrits produced will prove , or not ; yet it must appear , that the VVrits have contingency with the Points to be proven : for the production of any VVrits , is not sufficient , and will not stop the Circumduction of the Term ; but notwithstanding thereof , if they make nothing to the Points to be proven , the Term will be circumduced . VVhen Commissions are granted to examine VVitnesses in the Countrey , the Term will be circumduced if the Report be not produced . And if it be produced , but contain no Testimony of VVitnesses , but the Procedure of the Commissioners ; there the Dispute arises , whether he who was to report the Commission , or the other Party have failed or not : for if they have failed , the Term will be circumduced . And therefore they alledge these Reasons to purge their failzies . 1. That the Commissioners , ( one or more ) necessary to have proceeded , kept not the Dyet , or that having kept it , they refused to examine the VVitnesses in respect of the other Parties not compearance , upon any Question arising , whether the Witnesses were receivable , yea or not : wherein the Commissioners are to follow the common Rules o● Exceptions against Witnesses as aforesaid : and if any extraordinary Objections be alledged , they may mention the Objections , and receive the Witnesses ; but they may not reject the Witnesses , but ought to leave it to the Lords consideration , what use they will make of the Testimony . And therefore if they reject the Witnesses without the ordinary Exceptions , the Party grieved will alledge , That the Commission ought to be renewed to them , with order to receive these Witneses which they have refused ; or to other Commissioners ; or that the Witnesses ought to be called before the Lords . Or if the Commissioners refuse to examine the Witnesses , upon the Interrogators proposed , if the Lords find these Interrogators pertinent , they will grant a Commission and ordain the Witnesses to be examined thereupon . Or if any accident hath befallen the Party , who was the Adducer of the Witnesses , or other considerations occur , moving the Lords , they will either grant Commission de novo , or otherwise a Term to adduce Witnesses before themselves . When any Party craves Commission to adduce Witnesses in the Countrey , it is upon their peril of moving the Witnesses to appear . For in that case they are not to expect Terms , and several Diligences , as if they adduced them before the Lords : the very demanding of a Commission importing a passing from the ordinary Terms , if the same be granted . Causes being concluded in manner foresaid , there ought to be an Act extracted thereupon . After which it comes to be advised . The Saturday ordinarly is spent in advising concluded Causes : and either Party may protest to be heard , at the advising of the Cause , as they think fit . But whether Parties do protest or not , the Lords doth always call them , and hear them . If the Probation be by Writ , or by Oath , containing any Quality . But if the Oath be simple and plain , the Lords will advise without calling the Parties . Or if the Probation be wholly by Witnesses , the Testimonies are not published unto the Parties : and therefore the Lords advise the same with closs Doors . If the Probation be by Writ they are heard , Whether the same prove or prove not , and the whole Writ , or the Clauses in question , are read in audience of the Parties . In like manner Objections are competent against Nullities of the Law , which are visible in the Writs adduced : as want of Witnesses , or Writer , or Witnesses not designed , or as vitiat in substantialibus . Yea not only Objections are competent , but Exceptions that may elide the Writ produced , are also competent ; especially if in the Act there be a Reservation to alledge a contra producenda . And if the Alledgence doth elide the Writ produced , it should be such , as could not have been known the time of the Litiscontestation . But the Alledgence ought to be instantly verified , except in singular Cases , in which there will be a new Probation admitted , which makes an exception from the common Rule , That there cannot be two Litiscontestations in the same Cause . There are also frequent Debates upon qualified Oaths , Whether the quality adjected be competent , or not . Wherein this a general Rule , That whatsoever the Alledgence referred to Oath , relates to any Writ , Fact , or Deed wherein the Alledger pitches upon what makes for him , admitting the other Points and Circumstances , when it is proper for the Deponent to express the whole tenor of the Writ , Bargain , Promise , or Fact , as well that makes against him as for him . And these are called intrinsick Qualities : because the Qualifications or Conditions are inherent in the same Fact , or Right . As if a Party be pursued on an alledged Bargain for delivery of Victual , or Ware , at the prices libelled ; if he depone , It was true the Bargain was made , but with this Condition , if the Mony was not delivered against such a time , the Bargain should be void ; And that it was not delivered , nor offered at that time ; this is a competent Quality . In like manner , if one be pursued for a Debt , or for a Promise made , or Goods delivered ; as the libel , if it be referred to Oath , will not be relevant , except the Subsumption bear , That the same is resting , owing , or unperformed , so the Deponent doth properly and plainly depone , both upon the truth of the Debt , Promise , or Receipt , and also that the Debt is not resting , but was payed and received , either by the other Party himself , or others by his direction , and warrand . Nor will he be obliged to produce or prove these : seing his Obligation is not proven by Writ , or Witnesses . In which last cases , the Presumption of Not-payment , and Not-performance being negative , transfers the onus probandi : and therefore Payment or Performance must be proven . But there are other Qualities extrinsick , and unproper , which will not be admitted by way of Quality , to be proven by the Deponent's own Oath : but ought to have been proponed and proven by Exception . As if a Party being pursued for a Debt , acknowledge the same , but depones● That the Pursuer was owing him as much : this is extrinsick , and resolves in an Exception of Compensation . And therefore will not be regarded in the Oath , but the Defender will be decerned , reserving his Action for that other Debt as accords . Yet if it be dubious , whether the Quality be competent or not , the Lords will sometimes find it relevant as an Exception , and assigne a Term for proving thereof , or will decern , and preserve that Alledgence contra executionem , by way of Suspension . At the advising of the Cause , many times new Defenses and Alledgences are proponed , which are received , if instantly verified , but not otherwise , though emergent or new come to the Proponer●s knowledge , unless he have raised Reduction of the Act of Litiscontestation thereupon , or upon Nullities : as if it hath been extracted contrary to the Minutes , or meaning of the Lords . But such Alledgences emergent , or new come to knowledge , may be reserved by way of Suspension , or Reduction : for thereby the other Party gets Decreet , and may use Inhibition , or other real Execution thereupon , and get Caution before he be put to dispute these Points . VVhen the Lords proceed to advise the Cause , they either find the Points referred to probation proven , or not proven . Or otherwise they find thè same proven simpliciter , or they find the same sufficiently proven ad victoriam ca●sae , that albeit all that was offered to be proven , be not fully proven , yet that as much is proven as alone would have been relevant . If the Lords at the advising of the Cause , find some Points not clear , they will ordain such further Probation to be adduced by either , or both Parties , as they see fit . If they find semplenam probationem , they will , ex officio , take the Oath of either Party for their further evidence of the Truth . And after this will proceed , ●ill they advise the Cause de novo . After all that the Lords ●ind necessary for a finall Sentence , is done and they have advised the Cause , they pronounce Decreet cond●●natory , or absolvatory , according as they find proven or not proven by the Probation . Against which , till it be extracted , either Party by Snpplication may represent what they desire : which the Lords will take in consideration , and the Supplication aud Interlocutor thereupon , will be insert in the Sentence . The Decreets of the Lords ( being ●he Supream ordinary Judicatory in all civill Causes ) is unquarrellable upon point of Iniquity : and therefore nothing that was proponed and repelled , will be admitted in the second Instance super e●sdam deductis . Whereby it is not meant that those Sentences are not quarrellable , unless there be new considerations or reasons in jure alledged ; but that unless there be new reasons and new matter in facto . Neither is that receivable in the second Instance , which was competent in the first Instance : but what is emergent and was not competent the time of the Litiscontestation . The Lords are not so ready to reduce or suspend their Decreets upon Points and Reasons not emergent : but it being alledged , that either the matter of Fact is new come to knowledge , or at least the Writs or Evidents for proving thereof , ( it being hard to instruct what was , or now is in the knowledge of the Partie ) the common Rule is , Praetextu nov●rum instrumentorum non retractantur sententiae . Yet the Lords will sometimes , when they see it is without all suspition of fraud or negligence , admit what is new come to the Parties knowledge , though not emergent . Neither will the Lords recall Decreets upon Certification , or Circumduction of the Term , especially Certifications in Improb●tions ; neither any other but upon singular Reasons impeding the Party to keep the Term , or otherwise upon emergent Writs , instructing that wherein the Party succumbed , or new come to knowledge , without any suspition of fraud , or the Partie 's designing to delay . This is the ordinary Form of Process before the Lords of Council and Session : then which there can be nothing more rational , more regular ; every Form being the product of long experience , from clear reason and necessity . For the Lords are still supplying and perfiting , as they see cause : and whatsoever seems convenient at first , if it prove afterward inconvenient , is laid aside . So that what is retained , is that which hath for a long course been found rational and convenient . But besides the ordinary Form , many things are incident , in Processes , which are extraordinary , and fall not under the ordinary points of Process ; at least , in the ordinary way : which therefore are offered to the Lords by Supplication , and proposed in the time of the Dispute verbo , not comprehending any Defense , Reply , or Duply . Such as the Sequestration of Goods in question , or the Sequestration of Mails and Duties of Lands , or naming Factors for unlifting the same medio tempore : the taking of the Oath of Parties , or Witnesses , to remain in retentis , before the ordinary time , if they be sick , or going out of the Country , or very old : yea when persons are near the point of Death , the Lords will ordain them to be examined upon Supplication , although the Process be not so much as called . Such are also the Production of Writs , or Exhibition of things in question : the Sequestra●ion o● R●-ex●mination of Witnesses : and many such Desires as neither came within the comp●ss of Reply , or Duply . In like manner Points emergent , or new come to knowledge , are represented by a Bill at any time during the Dependence , and are then admitted . And also whatsoever hath been forgotten , the Lords will receive , before the Ac●s , or Sentences be extracted : and before these are extracted they will rectifie the same , upon Supplication , if they have been extracted otherwise then according to the Minuts of Process , and meaning of the Lords ; especially when the Complainers Advocat hath not seen the Scroll , before extracting , or his Objections thereanent have not been considered . But nothing should come in by Bill ( which is an extraordinary Remedy ) where an ordinary Remedy is competent : and therefore , whilst a Cause is in discussing , Parties are ordained to make their address to the Ordinary , and ought not to trouble the Lords with Bills . But if the Ordinary`s time be past , and the Act or Sentence not extracted ; if they have negl●cted any Point , they may represent it to the Lords , by ●ill , which the Lords of course will refer to the Ordinary , who heard the Cause : who comparing the Bill with the Process , if he find any thing new therein , will hear the Parties thereupon . But if the Supplicant rest not satisfied , b●t urge that he may have the Lords Answer upon the Bill ; the Ordinary upon an Am●undae , will not r●●use it . Reprobators also , may be used during the Dependence of Process , for rejecting of Wi●n●s●es , or their Tes●imonies . For seeing no Exception against the hability of Witnesses is receivable , unless it be instantly verified , when they are examined ; Parties may raise Summons of Reprobator , even before the Witnesses are examined , when they suspect such Witn●sses as are cited against him ; to the effect that thereupon they may cite VVitnesses to prove their grounds of Reprobator , at the Term assigned for the VVitnesses to appear . Or they may protest for Reprobators , when the VVitnesses are examined , and raise , and insist in the same , before Decreet be extracted : which is the most p●●per way of Reprobators , and whereupon the Lords will supersede to advi●● the Testimonies ( if they see probable evidence of the inhability of the Wi●nesses ) till the Reprobation be first advised . But if Parties neither raised Summons before the examination of the VVitnesses , nor do then protest ; they are presumed to acquiesce in the hability of the VVi●nesses , unless the VVitnes●es be adduced in absence . But even after Sentence , Reprobators are Competent , though far less favourable , ( and after a considerable time ought not to be admitted ; ) because if they be insisted in , sho●tly after Sentence , the Adducer of the VVitnesses , if any of their Testimonies should come to be rejected upon inhability , might adduce more VVitnesses for the same Point , unless by the Probation he were found accessory , to the Corruption of the VVitnesses . Reprobators cannot proceed upon pretence of the falshood of the Testimony , but upon the incapacity , or inhability of that Party to be witness in that Cause . VVhich will not be excluded , because the VVitnesses have deponed , either generally , or particularly , concerning their hability ; whether upon the motion of the Judge , who ordinarly purgeth all VVitnesses of partial Counsel , or upon the Alledgence of the Party referring any Objection to their Oath . The reason of the difference is , because the Testimony in the Cause could not prove , unless there were other VVitnesses concurring : but as to the hability , there is no such concourse , every VVitness Deponing for himself . But if the ground of Reprobature be referred to the Oath of the Adducer of the VVitnesses , it will be most favourable , and sustained ; except the Adducer be alledged author of , or accessory to the Corrupti●● ; which could not only be criminal , but capital : and therefore he is not obliged to depone thereanent , after Sentence , when the Corruption hath become effectual . The main ground of Reprobators , is the Corruption , or Prevarication of the VVitnesses . For if before the Testimony quarrelled , they have sworn inconsistently therewith , it will canvel the Testimony upon Prevarication , and infer Infamy ; but no Oath emitted thereafter , will weaken the former Testimony . Especially post sententiam qua jus est acquisitum parti . Albeit in Re-examinations , recently taken , if there be Prevarication , and Inconsistency ; the Lords proprio motu will reject the Testimony . Giving or promising good Deed , besides the ordinary Expenses , and prompting , and instructing VVitnesses how to depone , or threatning them if they do not so , or so , depone ; are pregnant grounds of Corruption and Reprobature . Civing partial Counsel by instigating the Parties to the Plea , and promising to depone for him likewise a relevant Reason of Reprobature . And likewise the Infamy of the Witnesses . as being before condemned for an atrocious Crime , or declared infamous . And likewise interest in the Cause : whereby the Witnesses may have a considerable Gain or Loss . But there be many other Exceptions which might exclude a Witness before Examination , that will not be sustained by way of Reprobature after : in which there is a Latitude in arbitrio judicis . As if the Witness were Cousin German to the Adducer , or were not accompted a vertuous Person , or had given his opinion to the Party how to proceed , or been present at Consultations . Or if the Witness , before he were adduced , had declared to the Par●y what he would depone , without any Pro●ise , or Assurance , so to depone ; or instigating the Plea thereby . For after Process are intented , though Persons express what they know in the matter , it will will not amount to proditio testimonij . When Reprobators are sustained , to be proven by Witnesses , they ought to be condescended upon , and be above all exception . Otherwise Reprobators may get run round , and leave Causes to a perpetual incertainty . Upon the Decreets of Session , all manner os Executorials do proceed in course , by Letters under the Signet . As for arresting the moveable Sums , or Goods to be made forthcoming for satisfying the Decreet : which cannot be Loused upon Caution , except in singular Cases . Inhibition , hindering the Party decerned against , to dilapidat his Lands or Heritage . Horning , for charging him to make payment , and for denouncing him Rebel if he fail . Poinding , for distraining of his moveable Goods . Apprising , or Adjudication of his Lands and heritable Rights in satisfaction . And Caption for incarcerating the person of the Party decerned , if being denouned to the Horn , he have not performed . All which Executorials may proceed jointly or severally , except only , that if the Creditor possess by vertue of Apprising or Adjudication , he cannot detain the Debitor in Prison . But this Imprisonment , as its last Remedy , admits of Liberation super cessione bonorum , proceeding upon Humanity , and Mercy . For albeit many Nations do allow the selling , or using the Debitor as a Slave ; yet our Incarceration is designed but to compell him to do all things , in his power , to satisfie the Debt . And therefore when he dispones all that he hath , heritable , or moveable , to his Creditors , and delivers the same and the Evidents thereof ; he is set at Liberty , and is ●ecure against all Creditors whom he hath cited for that purpose , as to his personal Freedom . Yet without prejudice to them , to use real Execution against any Goods that he shall thereafter acquire . And this Decreet doth no longer protect him , then he wears for his outmost Garment , the Habit appointed by the Lords for Bankrupts , in which he must come out of Prison , unless this be dispensed with upon special consideration , of the manner how he broke , if it was without fraud or prodigality , ( as in the case of Merchants ) if it were by Shipwrack , or Insolvency of Debitors , or by fire , Robbery , or other accident . Against this cessio bonorum , there are only two Defenses accustomed : the one is , That the Bankrupt hath dilapidat some part of his Estate , since his Incarceration , further then his necessary Aliment . The other , if the Creditors offer to Aliment him in Prison : which can be but a dilator Defense , till they may have time to discover what latent Rights ha ●ath , or what fraudulent Rights he hath made , before or after his Incarceration . And is with express Condition , that they pay him for his Aliment , so much as shall be modified weekly , and if they faill one Week , he will be se● at Liberty . FINIS . 
A47020	----	A continuation of the secret history of White-hall from the abdication of the late K. James in 1688 to the year 1696 writ at the request of a noble lord ... : the whole consisting of secret memoirs ... : published from the original papers : together with The tragical history of the Stuarts ... / by D. Jones ... Jones, D. (David), fl. 1676-1720. 1697 Approx. 694 KB of XML-encoded text transcribed from 247 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-01 (EEBO-TCP Phase 1). A47020 Wing J929 ESTC R34484 14470092 ocm 14470092 102383 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47020) Transcribed from: (Early English Books Online ; image set 102383) Images scanned from microfilm: (Early English books, 1641-1700 ; 1061:16) A continuation of the secret history of White-hall from the abdication of the late K. James in 1688 to the year 1696 writ at the request of a noble lord ... : the whole consisting of secret memoirs ... : published from the original papers : together with The tragical history of the Stuarts ... / by D. Jones ... Jones, D. (David), fl. 1676-1720. [14], 80, 392 p. Printed, and are to be sold, by R. Baldwin ..., London : MDCXCVII [1697] "The tragical history of the Stuarts" has special t.p. Imperfect: pages stained. Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- Stuarts, 1603-1714. Scotland -- History -- Stuarts, to the Union, 1371-1707. 2005-12 TCP Assigned for keying and markup 2006-05 SPi Global Keyed and coded from ProQuest page images 2006-06 Emma (Leeson) Huber Sampled and proofread 2006-06 Emma (Leeson) Huber Text and markup reviewed and edited 2006-09 pfs Batch review (QC) and XML conversion A CONTINUATION OF THE Secret History OF WHITE-HALL ; From the Abdication of the late K. James , in 1688. to the Year 1696. Writ at the Request of a Noble Lord ; and Conveyed to him in Letters by — late Secretary Interpreter to the Marquess of Louvois , who by that Means had the Perusal of all the private Minutes between England and France for many Years . The whole consisting of Secret Memoirs , which have hitherto lain conceal'd , as not being discoverable by any other Hand . Published from the Original Papers . Together with the Tragical History of the STUARTS , from the first Rise of that Family , in the Year 1068 , down to the Death of Her late Majesty Q. MART , of Blessed Memory . By D. JONES , Gent. LONDON , Printed , and are to be Sold by R. Baldwin , in Warwick-lane , MDCXCVII . Of whom is to be had the First Part of the Secret History of WHITE-HALL , from the Restoration of King CHARLES II. to the Abdication of the late King JAMES . THE PREFACE . I Am so far from believing the World will be surprised with the Publication of this Second Volume , since 't is no more than what I have promised once and again in my Preface to the First , that I am ready to flatter my self it has been waited for with Longing Expectations ; especially when I consider what a kind and general Reception has been given to the former Part ; though it has not , at the same time , ( according to the Fate of Things of this kind , ) escaped without the Harsh and Malevolent Censures of some ; as if the Letters were not only not Genuine , but the whole of a Supposititious Extract and Original : But I have said so much upon this Head already , as may in Reason satisfie the scrupulous Curiosity of any ingenious and disinterested Person , and therefore I shall concern my self no further with it . But as I have not failed to be copious in a Vindication of the Work in my First Preface , so I have been as sparing to expatiate upon the Use and Excellency of the Discoveries ; leaving that wholly to the Observation of the Judicious Reader , as I do it also in this ; wherein I foresee he will be much better satisfied with me , than for my Silence in respect to the Nature and Method of this last Correspondence , where so much Danger and Difficulty must be apprehended to be , and which I find as difficult to gratifie him with a Discovery of , any further than the Letters themselves intimate ; especially that now the Author is actually abroad again , and by his Absence contributes a double Reason for my Excuse , and the Reader 's Disappointment . Some may be apt to wonder these Letters should be so few , and consequently , bear so little Proportion to those that make up the First Volume : But as a manifest Difference in the Duration of Time , as well as the different Circumstances of Things in Europe , while these last were written , are Irrefragable Arguments against any Cavils that may be suggested by reason of such a contracted Compass : So the fame Limitation is no less a Proof of the candid Management , since 't is far enough from being impossible , but an Able Head might have found out Matter and Means , to have made the Second Volume of these Letters to swell up to the Bigness of the First . Yet , after all , I do confess , I did not think , when I published the First Part , that these Papers ( then Rude , and Undigested ) would have been couched in so small a Room : And therefore I have found my self under a kind of Necessity to make up the Defect , by the Subsequent Treatise ; concerning which , I cannot but expect , something should be required to be said by me , in a more particular manner . 'T is true , the Connection here does not so exactly quadrate , nor does it look so natural , even to my self , as I could wish for ; but yet , the Sameness of the Race whereunto both the one , and the other Treatise bear a Relation , doth sufficiently secure it from appearing with a distorted and monstrous Countenance : And this latter being an History dating its Original from the first Foot-steps of Antiquity , relating to this Family , even long before their Assumption of the Name of Stuart ; and treating chiefly of the unfortunious Accidents of their Lives , 〈◊〉 so many Preludiums to their Tragical Ends ; wherein no Records of Time can shew a Family so remarkably , unhappy ; not only in such of it as have sway'd a Sceptre , of whom , only Two went to their Graves in Peace , but in all the other diversified Branches of the same : This , I say , doth abundantly ●vince the Truth of the Assertion . I had compleatly finished this Treatise before I knew of , or that any of the fore-mentioned Papers came into my Hands ; and was intent upon the Publication of it , when the other interrupted me therein . But if any should demand of me , what were my first Inducements to such an Undertaking ; I am free inform them , that I had my first Intimations from my ever Honoured and Learned Friend , Roger Coke , Esq with whom , while living , I have had most intimate , and I may say daily Converse , for the Revolution of some Years ; and who , during the Time of my Acquaintance with him , was pleased to intrust me , and no other , with the Care ( and I may say , Revisal too ) of all his Papers ; and particularly , of The Detection of the Court and State of England during the Four last Reigns ; and from whom I have received some uncommon Hints , towards the Compiling of this Structure , which , upon Perusal , I question not , but the Unprejudiced Reader will acknowledge as such ; and whose Memory , now he is dead , I shall always revere and honour . It will be unnecessary to make a Recapitulation here , of the Authorities cited by me ; they will best appear in the Work it self , where they cannot escape the Reader 's View , and to which I refer him . I am not unsensible how sure I am to disoblige one Party of Men by this Undertaking ; and whose sole Cry is , That the Princes here spoken of , were the best , and most vertuous in their Lives , and surely could not be so generally unhappy in their Deaths , as here represented ; but they are , for the most part , of the other Side ; and I shall not break my Rest , to please them : And since t is notoriously known , they will hardly allow the present Lawful and Rightful Possessor of the Throne of Great Britain , any of those Vertues they so prodigally ascribe unto others , ( who , many of them , we will not deny , had their Good , as others had their Bad Qualities , ) either their Judgment may be greatly suspected , or else all the Christian World is Witness of their gross and matchless Partiality . Profit and Pleasure are the main Things ( to speak of the general Course of Sublunary Matters ) that we pursue in this Life ; and these Two are also the great Props of Humane Studies . How far the former may be met with in the Compass of this Treatise , I will not take upon me to determine ; But I shall only observe , that I have endeavoured to give as clear and distinct a View of that Part of the History of this Family which I have taken upon me to Write , as possibly I could : And so far forth as any Thing contained herein shall redound to the Reader 's Information , or Benefit , by so much proportionably shall the same be taken by me for more than a Compensation of all my Impended Labour . As to what concerns the Pleasurable Part ; Although History in general be a Study that carries as much Diversion and Agreeableness in it , yea , and much more , ( if the Judgment of One be allowed , who is a passionate Lover of it , ) than any other Science whatsoever ; Yet it must be confess'd , that the very Epithet of Tragical , bears a very harsh and ungrateful Sound , and such as cannot but offend some , and more particularly the Comedy-Admirers of this Age , who are not a few , as appears by the ordinary Course of the Stage : Yet I have taken Care so to attemper my Matter , as now and then to intermix some agreeable Passages therewith , but yet not without all just Deference to the Law and Truth of History ; which cannot but suit their Genius also . To conclude ; If any other Cavils shall be raised against me ; as , That I have been any where too Satyrical , or given my Pen too much Freedom in exposing Vices , or otherwise : I shall , once for all , give in for Answer , what a great Princess , and a Descendant from Mary , Queen of Scots , was pleased to say to a Person who would have excited her to resent what a Protestant Author had somewhat severely written concerning the Amours of that Queen , viz. That there ought to be : a Permission for Men to speak the Truth , especially after their Death ; for that if History did not do Justice to their good and bad Qualities , we should find but very few that would be Vertuous . LETTER I. The Author revives his Correspondence with his Lordship , and intimates his resolves to continue it , as time and his circumstances would admit of , with some account of the Fears and Terrors the French Papists are in of the Prince of Orange , as he is called by them . My Lord , WHen I had dispatch'd away my last to your Lordship , I did not expect a sudden opportunity , if at all , to revive my correspondence with you , the mighty change that hath been wrought in England , having quite stopped up the ways of my former Conveyance . But revolving frequently with my self , that it would be a matter highly grateful to your Lordship , to have from time to time , some secret information of the Affairs of this Country ; I have left nothing unessay'd , whereby I might be in a capacity to gratify your curiosity , and so have now , sooner indeed than my own expectations , found out a way that I hope , ( though my fears are also very great ) now and then may effect it , which is by — though I must also inform your Lordship , that there is a more than ordinary care and circumspection used now to keep all Court-Intreagues from taking Air , by frequent altering of their Cyphers , Entries , and other Methods . Your Lordship knows best how the face of things appear in England , upon so grand a Revolution ; they put the best Meen they can upon it here , and tho' there is a fair shew made at Court of it , yet nothing is more certain than that the Kingdom is in a general Consternation , of which surprizing marks are to be seen as well in the Lovre , as in Paris , and the Provinces : Some have smiled here , and I doubt not of your Lordship and our Friends in England smiling too , when I tell you , that the French King astonished , and not knowing how to believe , that the Prince and Princess of Orange have been Crowned in England , and proclaimed in Scotland , has asked several times a day , whether the News was true or no ; so dreadful to him is that fatal Accident , and which has made him dispose of his Armies into all Quarters , where there can be any semblance of Danger , as if he expected to be attacked every way . But all these terrors from without , makes the Court abate nothing of their vigorous prosecution of the peaceable remains of the reformed within , so that upon the least suspition of any meetings of them , they run from all the Neighbouring parts to circumvent them . For there being a report lately raised in Perigord , that a religious assembly of Hugonots was held at the House of one M. Dupare , the alarum Bell was immediately rung , and all the Town got together , and ran to the House , but found no body in it , save a few Children : But this did not hinder the Neighbouring Villages to take the Allarm , who run in heaps to Massacre the Hugonots and Prince of Orange , whom they believe to be always at their heels : And such Pannick Terrors does the apprehension of him strike into them , that about the same time , the Preacher of Sarlate was forsaken by all his Auditors upon an imaginary Rumour , thought to be spread abroad , that the Prince of Orange was at the Gates of Regaudi ▪ how desirable would it be , that King William and his Confederates might strike the Blow while the Iron is hot ; But I shall not Dictate , but conclude with my hearty wishes , that this , or any other intelligence I may transfer to your Lordship , hereafter , may be of any advantage through your Honours Wise Conduct and Management , to my Native Country , and so remain highly satisfy'd of his opportunity , to testify how ready I am at all times to serve and obey You , and to subscribe my self , My Lord , Your Humble and most Devoted Servant . Paris , May 14. 1689. N. S. LETTER II. Of the Dauphin's Dissatisfaction with his Command of the French Army in Germany , and what use might be made of it by the Confederates , if dexterously managed . My Lord , I Do not question but your Lordship is very well acquainted with the present posture of things in reference to the Armies of this Kingdom , and that particularly , the Dauphine has the Command again this Year of the Army upon the Rhine ; But what his real sentiments are concerning it , your Lordship cannot be thought to know , and perhaps , but very few others ; yet it is apparent by the Air and Countenance of this Prince , that he does not take the Field with the same Chearfulness , as he did last year , and something that has lately dropped from him , and which I had communicated to me from one about him , who knew the truth of it , hath something so remarkable in it , and by a wise Conduct , may be so made use of , as to turn to such solid advantage , that I do not know any thing at present so worthy to be Communicated to your Lordship : Said he , I am not so much concerned at the great number of Enemies I have to fight with , as the difficulty I labour under how to treat with them ; for above all things , it beh●ves one that is Successor to a Crown , to be true to his Engagements , more especially , in such a Reign as this is : For that the first impressions the Worlds take of him , are likely never to wear out . Things are now brought to that pass , that I cannot rely upon the Enemies word , nor they upon mine , and I should be still in fear that they would violate their agreements with me , supposing I would never keep faith with them , any longer than I esteemed it for my conveniency . I know it will be a fruitless thing for me , to make protestations , that what happened last year in reference to the violation of the Capitulation of the Cities in the Palatinate , came to pass without my approbation or privity ; that excuse will be imputed to Folly or Treachery , unless I could publickly put to death the Authors of that infidelity , which the evil Counsellors about my Father will not permit , for fear both the crime and the punishment should fall upon themselves . These are generous Sentiments , my Lord , which if well cultivated , may perhaps prove useful to himself , and to the confederated Enemies of France at this time , and I can think them no other than the remains of such as were infused into him , by the good old Duke his Governour , who stuck not once to tell his Father upon the account of his Cruelty to his Protestant Subjects , That it became not a King to be a Bigot : I shall confine my self now , and always to a bare transmission of what I shall judge worthy your knowledge leaving the application wholly to your Lordship , without I have other commands from you ; which I do not know how to receive in my ticklish circumstances at present , but such when known to me , as I shall always obey to the utmost of my power , as far as I find them safe and consistent with your Honour , and so I remain , My Lord , Your Lordships most Humble and Entirely devoted Serv. Versailles , May 30. 1689. N. S. LETTER III. Of the Declaration of War made by France against the Crown of Spain , after she had endeavoured in vain to keep the Spaniards neutral . My Lord , YOur Lordship may perhaps call to mind what I formerly transmitted to you out of our Minutes , concerning the efforts made by this Crown , to induce the Spaniards to a Neutrality in the War formed by France against the Republick of Holland and her then Confederates ; And I am now to acquaint you , there have been the like and greater efforts made to keep that same Crown from falling into the present Conjunction of the Allies against her , though both the attempts have failed of the desired success . It s true the Spaniards thought fit to temporize the latter end of the last Year , and the beginning of this , till they found the Revolution in England accomplished , and the Government reduced to a settled form , and then they made no bones openly to testify their Aversion to France , and her interest , as well as good-will to the Confederates at the same time , by such Acts as gave evident signs both of the one and the other : And your Lordship cannot think how greatly mortified this Court is , at the News they have lately received of my Lord Stafford , King James his Embassadors being dismist by the King of Spain , and that they would no longer own his Character . It has occasion'd much discourse here , and People daily vend their Sentiments upon it , as they are variously affected towards the parties concerned , and among other things I cannot forbear mentioning one passage , which though perhaps already known to your Lordship ; yet give me leave to please my self ( since I have nothing more momentous to transmit ) with a short relation of it . It seems upon the late King James his Accession to the Throne , the Spanish Embassador Don Ronquillo , took upon himself to advise him , not to suffer himself to be guided by Friars and Monks ; the King for answer told him , That the Kings of Spain were wont to do it : The Embassador replied again , I know it Sir , but that is our misfortune . Therefore your Majesty ought to take warning by our Example , and not to dash your self against that Rock ; and surely if he had taken up with this Counsel , he might have been still in great security upon his Throne , and his Embassador in the highest esteem in Spain . But to return , the foremention'd prevarications in the Court of Spain , as they are pleased to denominate them here , has at length produc'd a Declaration of War against Spain , which has been dispatch'd by a Trumpeter to the Governor of the Spanish Netherlands , and the substance whereof is here subjoined . That the unfeigned desire his most Christian Majesty had to observe the Truce concluded on in the Year 1684. had caused him to take no notice of the demeanor of the Spanish Ministers , in the Courts of all the European Princes , where they had made it their whole business to animate the several Princes to take up Arms against France ; That His Majesty is not ignorant of the share they have had in the Negotiation of the League made at Ausburg ; That he is also well acquainted with what share the Governour of the Spanish Neatherlands has lately had in the Prince of Orange his Enterprize against the Kingdom of England : But that yet not being inclinable to believe , that what was transacted by him , was done by his Catholick Majesty's Command ; his most Christian Majesty was in good hopes to have perswaded his Catholick Majesty , to have concurred with him for the effectual Restoration of the lawful King of England , and the preservation of the Catholick Religion against the Protestant League that was formed ; or at leastwise , to have observed an exact Neutrality : To which purpose he had made several proposals that seemed to have been well received , so long as the success of the Prince of Orange continued doubtful ; but that when it came to be once known at Madrid , that the King of England had left his Dominions , that then nothing was meditated upon but a War against France ; That his Christian Majesty was moreover further informed , that the Spanish Embassador in England , paid dayly visits to the Prince of Orange , and was very importunate with him to declare War against the Kingdom of France ; That the Governour of the Spanish Low Countries was raising Men with utmost diligence , and had promised the States General to joyn their Forces in the beginning of the Campaign ; and laboured with the Prince of Orange to send numbers of Men into Flanders . Of all which procedures he had informed his Catholick Majesty , and offered him a sincere continuation of the Truce , provided he would give no succour to his Majesty's Enemies . But now finding after all , that his Catholick Majesty was resolved to favour the Usurper of England , whose Agents had received considerable Summs , both at Cadiz and Madrid : His Majesty therefore to prevent the Evil intentions of his Catholick Majesty , has resolved to declare War against him , both by Sea and Land , &c. Your Lordship cannot but discern by the whole purport of this Declaration , where the shoe must Pinch , and nothing is more manifest , then that the successful enterprizes of the King of England stick most to the heart of this Court , which may at last turn to a mortal Convulsion , which none can be more desirous to see than , My Lord , Your Lordships most Humble and most Obedient Servan● . Paris , June 10. 1689. N. S. LETTER IV. Of Cardinal d' Este his solliciting the Pope for Money for the late King James , and his proposing a Croisade for the restoration of him to his Throne again . My Lord , I Have in my last endeavoured to give your Lordship the Sence and Resolution of this Court , concerning the present posture of Affairs ; and mighty Efforts are made for the support of the late King's Interest , ( who is as you well know now in Ireland , ) both here and at Rome too , by the Agency of this Court ; and least the Differences that have been so long depending between both Courts , should any ways obstruct the Cause , they have at length laid the foundation of an accommodation , and the great motive to press it on , is taken from the miserable condition of the late King's Affairs , and that his Holiness could not but know that the main of the Catholicks hopes resting in the most Christian King , for the redressing of them , those very hopes would also vanish ; if his Holiness still obstinately persisted to refuse an accommodation with him . The Cardinal d' Este , the late Queen's Unkle is the person pitched upon to manage this Negotiation , whose further instructions are to sollicite the Pope for some present supply of Money for his Nephew ; and not only so , but to propose to the Old Father the publishing a Crolsade for the restoration of him to his Kingdoms . But finding this did not relish well with the Old Dad , his Eminency confin'd himself to a request , that his Holiness would exhort the Emperor , King of Spain , and other Catholick Princes to it , and mediate an accommodation between them , for the more effectual carrying on the same . But this is but Thunder afar off , and will never endammage the Brittish Isles ; I heartily wish you may be as secure from intestine commotions and machinations ; there is nothing more talked of here , and I have some reason to fear , some measures have been conserted here for the fermenting of that inquietude which has possest too many amonst you , upon this change of Government ; your Lordship will pardon me , since I write with the same freedom and sincerity as formerly , and remain My Lord Your Constant and most faithful Servant Paris , June 17. 1689. N. S. LETTER V. Of the Queen of Spains Death , the formal Story made in France of her being Poisoned , and a Marriage feared between his Catholick Majesty , and the Infanta of Portugal . My Lord , NOW things are come to an open Rupture and hostility between the two Crowns of Spain and France ( some account of which I have already transmitted to your Lordship ) you cannot conceive how violently they vend their Spite and Malice against the Spanish Court , and more especially , take occasion to renew publickly the discourse ( which was at first scarce whispered ) of the Queen of Spains being poisoned , in which they pretend to interest themselves very much , as she was a Daughter of France ; and say , that she being secretly admonished in the midst of all the troubles that befell her , to take care of her self , found out a way to dispatch a Frenchman that was then in Spain to her Father the Duke of Orleans , and to desire him to send her some treacle by the most cunning Courtier that was in the Kingdom ; that thereupon the Duke who had a most tender Love and Affection for the Queen his Daughter , being deeply concerned at the News which portended his approaching Misfortune , had discovered what had happened to the King , who at the same time took care to send away what the Queen desir'd ; But that by the time that the Courier was arrived at the City of Burgos , he met there with another who told him , that he was carrying the News of the Queen's Death . To which particulars are superadded these circumstances of her Sickness , that being suddenly taken with a Vomitting ▪ she should say , as formerly the deceased Madam her Mother ( of whose Death , I have to the best of my remembrance formerly given your Lordship some account ) after she had drank the Glass of Succory Water , to which she atttributed her Death , That she was poisoned : That her Vomitting was attended with most violent Convulsions , which being reported to the Count de Rebenac ●enquires the French Embassador then at the Spanish Court , he went to give the Queen a Visit , but that When he came there , entrance into her Chamber was denied him , under a pretence that it was not the custom in Spain for Men to visit Women , neither in Health nor Sickness ; That thereupon he became very importunate for Entrance , urging , that he came not to see her as Queen of Spain , but as she was a Daughter of France , and the King his Masters Niece : They further add ▪ that this contest continued and was spun out to a long time , under pretence of knowing the King's Pleasure , and that at length , after long attendance , the Door was open'd to him , but yet at such a time , when the Queen was so very ill , that she could not speak one word : That she dyed within a short while after , one Convulsion succeeding another till she gave up the Ghost . That besides all these concurring circumstances , the designs formed last Year by the Council of Spain , to have his Catholick Majesty divorced from her , and their applications to the Pope for that purpose , under the pretended Allegations , that the French before they parted with her , had used all Aritifices of the Devil to prevent her having of Children ; but not being able to lay convincing proofs before him of the matter , they had put off that project ; these things they say , gave no small umbrage to some Clandestine practices against her life , to say nothing of the project at the same time , to get the ●nfanta of Portugal married to him , and thereby lay a Ground-plot for the uniting of Portugal once more to Spain , &c. But , my Lord , whatever surmizes they have had of such a design then , its certain there is nothing they are more apprehensive of at this time , than such a Conjunction , which must inevitably add one Kingdom more to the number of the Confederates and against them , and all Engins are on work to divert the success of it , I hope the King of England and his Allies are sensible of this , and will take care to countermine the Enemy in time , which are the hearty wishes of My Lord , Your Lordships to serve and Command whilst Paris , July 2d . 1689. N. S. LETTER VI Of some secret Designs hatching against the Establisht Government in England . My Lord , IT is not long since I gave your Lordship a hint of the apprehensions I had of some evil Designs , formed against the Established Government , and I am so far from lessening the same , that I grow more and more jealous of their progress day by day : Not that I am able to Name , either Person or Place , or positive design to your Lordship , but sure I am , there is a Snake in the Grass , and perhaps it will be found some of those from whom was expected most Service and Fidellity , will be found to act a counterpart . However it be , I can assure you , that Barillon late Embassador in England from this Crown , though he has been forced to quit the Brittish Isle ignominiously enough , yet he hath found out a way to leave two , if not three Frenchmen of his Train behind , to no good end to be sure , and I do not question , but you will hear more of them , without they be secured in time ; And though it does plainly appear , both by the countenance and minutes of this Court , that things do not go so trim and glibly with them in England , as in former times , when they had no more to do , than to consult those infallible Oracles , the Dutches of Portsmouth and Goodman Peters ; yet I do not question but it will appear , that their Oracles are not quite silenced there ; I beg your Lordship to pardon this freedom , and to entertain a favourable opinion of the sincere intentions of My Lord , Your Honours to Serue and Obey . Paris , June 25. 1689. N. S. LETTER VII . A Summary of the Articles concluded on the French King's part , for restoring of the Late King James to his lost Dominions . My Lord , I Can't forbear taking notice to your Lordship , tho' I have done it once and again already , of the great difficulties I labour under to procure any true and certain intelligence of matters transacted on our side , in reference to the Affairs of England : And I can as little forbear endeavouring to communicate , whatever such intelligence comes into my Hands , to your Honour , though it be accompanied with such imminent danger , as you cannot but be a little sensible off , and which I heartily wish none of my Friends may ever have the black apprehensions of , how much more your Lordship whom I ever have and shall Love and Honour . Wherefore be pleased to receive hereby the heads of those Articles , agreed and concluded on the French King's part for the furthering the late King James , in the recovery of his abdicated Throne , and they are these following . First , He doth Solemnly promise and engage to assist and promote the late King his dear Brother in his Pretensions , with Men , Money , and all possible force both by Sea and Land ; and firmly resolves never to lay down his Arms , or be at Peace with his Enemies , till such time as his said Brother shall be remounted on the English Throne , and be peaceable possessor of the same . Secondly , That till such time as the foresaid Article should be put in full Execution and thoroughly accomplished , he hath obliged himself to support him , the late King , and all his other dependants in his Kingdom of France or elsewhere , with all suitable grandeur and dignity . Thirdly , That he should with utmost expedition and application assist him with a competent number of Forces by Land , and a sufficient Navy by Sea towards the reducing , under his Obedience the hostile part of the Kingdom of Ireland , and not desist till the same were entirely recovered unto him ; And after that it were so reduced and subjected by their conjoint Arms , the late King should be in possession of it , till such time as he shall be in full possession of the English Throne , but no longer : But how to unravel the later Clause of this Article at present , is beyond my skill , and so I will leave it . Fourthly , He hath also over and above the preceding Engagements , promised to give him all the assistances necessary from time to time , both by Sea and Land , for the recovery of England and Scotland unto him , when he shall arrive in one or either of the said Kingdoms in Person , and in the mean time hath engaged to be aiding and assisting to his party in either of the two Nations , as time and occasion should serve . My Lord , I do question but you would be highly satisfyed to have a view of the Stipulations on the late King's part , to his Gallick Majesty , and I hope your Lordship has Entertained such an Opinion of me , as to think my satisfaction can be no less in being able to gratify your Honours Curiosity upon this head , which I shall not fail to endeavour to do , and heartily wish an accomplishment of in my next , who am My Lord , With all due Observance , Your Honours most Obedient and Devoted Ser. St. Germ. July 31. 1689. N. S. LETTER VIII . Articles stipulated on King James's his part , for the giving up Ireland , &c. to the French , upon his recovery of England and Scotland . My Lord , THat your Lordship has safely received my last , I have had some intimations of by my friend from — I earnestly wish for the like success to this , and your speedy receipt of it , seeing it hath so luckily fallen out with me , that the purport of it contains what I cannot but flatter , my self , will redound much to your Honours satisfaction ; I mean the Articles stipulated on the late King's part to the French King , of which I gave an hint in my last , though I could not then as much as hope with any tollerable confidence , of being so soon able to procure them . First then , The late King hath agreed in consideration of the French King's assistances ( as mentioned in my last ) and as soon as he shall be restored and fully resetled in his Dominions , ( and not before , that he may not give any umbrage to the English , ) to quit all manner of claim to the Title or Arms of France , and take effectual care to put the same out of the Royal English Escutcheon . Secondly , That he shall entirely quit and resign up the soveraignty of the narrow Seas to the French , and that to that purpose , he shall give orders to his Ships of War , &c. to strike to the French Flags . Thirdly , That he shall be obliged to assist him the French King , with thirty Capital Ships of War , and Twenty Thousand Land-men in any War , when he shall have occasion for them , and this at his own proper cost and charges Fourthly , That he shall make or enter into no allyance against France , nor to any other without the French King's Privity and Consent , but unfeignedly observe a perpetual League both Offensive and Defensive with the Crown of France . Fifthly , That he shall permit unto the French King at all times and occasions , the free use of all his Ports for the retreat of his Ships , and be obliged to furnish him then and there with proper Conveniences , and able Workmen to repair his endamaged Ships , or to build new ones when soever he shall require it . Sixthly , That he shall admit into his standing forces , whose number and strength shall from time to time be limitted and regulated by him in concert with the French King , a constant Body of Twenty Thousand French , and Ten Thousand Catholick Switzers , or more or less of them in proportion to the Troops of his own Subjects , and this after his full re-settlement on the Throne : And not only so , but shall deliver up Dover Castle , Plymouth and Portsmouth to be Garrisoned by French Soldiers , as cautionary Towns for the security of performance . Seventhly , That in regard of the Situation of the Irish Ports and their conveniency for the French Fleets , as also in consideration of the agreement of the Irish with the People of France in Religion ; He shall after his full restoration to the English and Scotch Kingdoms , be obliged to give Ireland to the French King in full compensation of all the Moneys he has already expended , or shall expend further in his Quarrel , and for vindicating of his right to his Dominions . But that however , because of the Scituation of the Islands of Sicily and Sardinia , in the Mediteranean , for the English Navigation and Trade into the Levant ; the sly Monsieur hath obliged himself to conquer those Kingdoms for the late King , at his own Expence , and with his own Arms , and to give them up entirely to him in lieu of his Kingdom of Ireland . Eighthly , That still towards the furthering a stricter Friendship and Allyance between the two Nations of England and France , and for perpetuating a mutual amity and sincere Correspondence ; If in case by the Violent or Natural Death , either of King William , or Prince George of Denmark , or both of them , one or both of the Princesses Royal shall become Widdows , and that their Persons can be seized ; That then , they shall be convey'd with all expedition and secrecy into France , and be put into the French King's Power , and shall there be Married Nolens Volens , to such Prince or Princes as he shall appoint or think fit for them . Ninthly , That the Eldest or Surviving Issue of such Marriage , shall succeed to the Crowns of Ireland , and Scotland ; and England only , to remain to the pretended Prince of Wales with the American Plantations . Thus , My Lord , I have now given you the Stipulations so much desired by you , I 'le leave your Lordship to descant and make such use of them , as your known Wisdom and Ability shall direct for the good of the King and Country , and shall reserve some further things which I cannot conveniently Write now , and which relate to this subject to another opportunity , and in the mean time , I am and ever shall remain My Lord , Your Lordships , most Humble and Faithful Servant . Paris , Aug. 19. 1689. N. S. LETTER IX . Some Reflections upon King James's League with the French King ; with an account of some further terms agreed upon between them , in relation to the English Protestants in Ireland . My Lord , THis Court is mighty uppish upon the success of the late King James , or I may more truly say , their own in Ireland , which if totally reduced by their conjoint Arms , is to be one day their own , as appears by the seventh Article stipulated between the two Kings , and of which I gave your Lordship an account in my last . And 't is not doubted but the Count d' Avaux , hath already taken Livery and seisin of it privately in his Majesty's Name . And that it is really so , I am not only assured of by the said Articles , but the same is more then probable , by the great care and exactness that is had at Brest , and other Ports of the Ocean , to keep an account of all the Cloaths , Arms , Ammunition and Provisions that are shipped off there for Ireland , and which according to some of the accounts stated and transmitted hither ( somewhat whereof I have had the opportunity to have a slight view of ) are set down at such extravagant rates , as if they designed in a short time not only to ballance the account with him for Ireland , but to make him considerably their Debter over and above for the carrying on another Game ; But they may chance to reckon without their Host in this , as well as all the rest : I pray God keep King William and his Royal Consort , and may she and her Royal Sister be never so unhappy as to fall into the French power , as your Lordship sees has been again conserted by the Ninth and last Article ; If ever it should so happen , which God of his Mercy avert , and that any such Match or Matches shall come to pass and issue come thereof , my Friend hath secretly whispered me , That then the pretended Prince of Wales is not like to be long liv'd . But I still trust all these towering hopes of our Enemies will evaporate into Smoak , and that their designs shall have as little Effect upon the lives and fortunes of our true Princes , as their contrivances against the Religion and property of their Subjects , shall become abortive and fruitless , and whom they have agreed upon to treat in the following manner . First , That all possessors of Lands in Ireland that are of the Protestant Religion , and will not turn Papists , shall be bound to sell their Estates , at a set price to the French King , who shall let them out to the old Irish proprietors at certain Quit-rents and services that shall in a reasonable time reimburse him of the purchase Money . Secondly , But still to shew their good Nature and Lenity , it s agreed that all Protestants that will , shall have leave freely to depart with their Effects , whither soever they please . And lastly , That such as will stay , shall have liberty of Conscience granted them for the space of Twenty Years , till the Country shall be fuller stockt with French Catholicks and other Papists . I am well satisfied your Lordship will not think these Machinations a matter of nothing , but as a good Patriot which you have shewed your self to be in the most Arbitrary times , will stir up your self , and honest Countrymen to obviate them seasonably ; which I as heartily wish as I have little reason to doubt it , who am , My Lord , Your faithful and most Obedient Servant . Paris , Octo. 27. 1689. N. S. LETTER X. Of King James's Army in Ireland , and Duke Schomberg's , with Cardinal Bouillon's Motion for a Contribution for the support of the former . My Lord , THE raising of the Siege of London-derry , and the landing of the English Army , without interruption in Ireland , under Duke Schomherg , with other successes and advantages are so far from discouraging this Court in their hopes of a speedy conquest of that Kingdom , that they have already in the Cabinet vaunted it to be as good as their own , and that perhaps they need not stay for another Campaign to re-establish the late King upon the Throne of England , and put themselves in an entire possession of the other Kingdom , according to the full extent and meaning of the Stipulated Articles , which I have formerly transmitted to your Lordship . But because Money here is very hard to come by in such a proportion , as to answer those vast Expences they are at to carry on the War upon the Continent , which must be got at any rate ; they have resolved to carry on the Irish Affairs with two Court-projects , which are of that Stamp , that for all their boasting makes wise Men have but a poor opinion of the Event . For it cannot be thought that any great matters should be done at Rome for the support of the late King , though by this Court's contrivance and instigation , the Cardinal de Bovillon in a Congregation of Cardinals lately held there , propounded they should Tax a voluntary Contribution upon themselves for his supply , and that to set a good and laudable example unto others , he offered a considerable Summ : But by all that I could learn hitherto , the motion was not much relished , and 't is very likely the Congregation smoak the design , that the Cardinal thought that , the best way to find the French King his Master Money , who undoubtedly cannot but need it , and that he that supplies the one King , supplies the other ; And if the first carries so little probability of success with it , I am sure your Lordship will say the other has much less , and that to make Copper to pass for Silver Coin , forbodes a general disatisfaction in the Inhabitants of that Country , where that innovation is introduced , and cannot be thought to make the soldiery over mertlesome and daring . It s almost past belief how much this teagish invention , for it will by no means be allowed to be the production of the French refined Policy , is ridiculed in every Corner ; But I shall not presume to detain your Lordship any longer , and therefore conclude , subscribing my self , My Lord , Your Lordships , most Humble and most devoted Serv. Paris , Decm . 12. 1689. N. S. LETTER XI . Of the Resolutions taken in France to support King James in Ireland , and to reinforce his Army with a good body of French Troops , &c. My Lord , AS to what secret and underhand machinations there may be on foot against the Established Government in England or Scotland , I cannot perceive this Court have any great share therein , otherwise then as the Emissaries of it in Ireland are assistant to the late King to promote and execute his designs ; and therefore I am in no capacity at present , of giving your Lordship any the least intimations of such projections ; But this is in general your Honour may be fully assured of , that there will be no efforts wanting on the part of this Crown , both by Sea and Land , this Spring to further him in his Pretentions , there being all dilligence and expedition used , to get both the Convoy and Forces ready , which both the one and the other will be found to be more considerable than perhaps you are aware of in England . If there be any apprehensions of such a design there , my Lord , as it becomes his Majesty to take all effectual care for to hinder the further progress of the French Arms in Ireland ; there is not a whit less care to be used that the contagion do not spread further in Scotland , least after all the pretenses , these Forces and Squadrons are designed for the lattet , and land there when least expected . However they seem to demur at present upon the matter , and that out of design , as 't is whispered , to be first fully informed , in what forwardness the Prince of Orange ( as they call him ) is in his Preparations , and how formidable his force is like to be . I am heartily sorry , my Lord , that I cannot penetrate more to the quick to the design of this Court , but yet I hope what I have here suggested , of the Fruit of my own observation and converse , may be of some use to my Country , and be a means to propagate your Honours good Opinion of my ready Willingness at all times , and to the utmost of my power to serve both it and you , who am My Lord , Your Lordships very Humble and most devoted Servant . Versailles Feb. 5. 1690. N. S. LETTER XII . Of Count de Lauzune's going for Ireland , and of some secret designs of the French King against some place in the Netherlands . My Lord , WHat I intimated to your Lordship in my last of the Resolutions of this Court , to support the late King's Interest in Ireland , doth now daily appear more and more visible by the many men of War , that with utmost diligence are fitted up , and the Troops that dayly defile towards Brest , &c. As to the certain number either of the one or the other , there can be nothing gathered from common fame , and therefore having pryed as narrowly as I could into the Cabinet by the means of — I am assured the Landmen will amount at least to the number of Seaven Thousand , and the convoy will hardly be less than Forty men of War , which according to computation may be ready to sail in a fortnights time . But as there is nothing omitted here for keeping up an interest in Ireland , and so to divert the King of Englands Army that way , there is no less care taken to allarm the Confederates on Flanders side , and they talk as if the King had an Eye upon Charleroy or some other of the frontier Towns ; I could wish Leige were well looked too , for however that 't is given out that the Count de Montal has promised the King to make him Master of Charleroy in twelve days time , with an Army of Ten Thousand strong , provided he can hinder the Confederates from relieving it , yet the King's Journey which is whispered will be very sudden and speedy to Campaign , gives no small Umbrage to the other , which upon the whole is of great concern to the Confederates . I am also well assured , the Guards of the body have or will shortly have orders to march to the last montioned place , near which are a great number of Troops posted , which can draw together in a very short time , which with my humble duty to your Lordship is all I have at this time to communicate , who am My Lord , Your Honours to serve and Command whilst Paris , Feb. 14. 1690. N. S. LETTER XIII . Of the Death of Madam the Dauphiness , and an account of the deportment of the French Court thereupon . My Lord , WHat I writ to your Lordship in my last letter concerning some design upon Leige or Charleroy , doth by the sequel now appear to have miscarried , and I am desirous to attribute the same to the conduct and watchfulness of the Confederates ; And though the King after his return to Versailles has publickly declared he will not take the Field this Summer , which is interpreted by many to be a tacit Confession of the disappointment of his designs , yet your Lordship may be satisfied from me , that no diligence is omitted to get ready another Convoy and Reinforcement ( besides that mentioned in my last , which Convoy is not yet returned ) for Ireland ; And so intent is this Court upon Business and Diversion , that the Death of the Dauphiness hath not discontinued the latter , and less necessary of them , for above the space of two days , which has afforded cause of much discourse and censure already thereupon ; I shall not trouble your Lordship with a long Narration of Conjectures and Opinions , but content my self to inform you , as the observation of a person that 's my Friend , who has for many Years been very critical and exact to pry into the Court-Conduct , and has not had the least opportunity so to do , that the Dauphiness at first had been so well received by the King , that some malignant Spirits made it their publick Discourse ; But that a terward meeting with a colder entertainment , when they saw it impossible to engage the Duke of Bavaria her Brother to the interest of the Crown of France , the Princess her self became so sensible of the change , that she grew sad and melancholy upon it , till now at length Death it self has put a final period to her grief , as I am forced to do to this letter through a pressing occasion , who am My Lord Your Lordships , most Humble and most devoted Serv. Paris , April 28. 1690. N. S. LETTER XIV . An exact Account of the number and strength of the French Fleet in 1690 , with some intimations of a Conspiracy formed against the Government at the same time . My Lord , I Cannot but express my great Sorrow to find that many things that relate to the English Affairs , and which should be managed in the Cabinet , and only known by the Execution of them , are so common in most Mens Mouths on this side ; There must be false Friends some where , and who knows but they are the very Men who would possess the Government , that the Enemy is not so formidable , as is given out : But I cannot believe your Lordship to be among the number of those incredulous ones , tho' I am confident you 'l find it an hard task to convince those who should concern themselves , of their imminent danger : This Court seems long since fully to be satisfyed of the King's intention to go for Ireland , and that much of his time and thoughts have been taken up for the work that lies before him there , and therefore they are more busy here than ever in projecting methods , and carrying on designs to allarm England in his absence . I heartily wish your Out-works may be firm and strong , they are likely to be attacked by a formidable power from without , and I do not question but there are attempts formed within to second the same , it being in a manner a common Discourse here : And this I can firmly assure your Lordship of , that several English Men who were some time ago about the Court , and this City are all of a sudden disappeared , but have since rendevouz'd at Brest with a full design to Embark on Board the Fleet , which , whatever Men may flatter themselves in England with , is very formidable and very near ready to put out to Sea having its full complement of Mariners with an additional number of Landmen , which are not sent there without some considerable design in view . I am confident some men in England would laugh me to scorn should I tell them , that the French Fleet is composed of Fourscore and two great Men of War , Forty Frigats , Thirty Fireships , and Fifteen Gallies ; but your Lordship , I hope , will have a better Opinion of my Sincerity , than to think I would any ways impose upon you . That this formidable Fleet is designed for the English Coast is not doubted , but as to any particular management , all that ever I could learn is , that an attempt will perhaps be made during the King's being in Ireland to raise a Mutiny , and that in the Interim , King James is to leave the command of his Army to Lauzun and Tirconnell , and to hasten with all speed into England , to favour which part of the French Fleet is to block up the River of Thames , another part in conjunction with the Gallies are to land the Men on board , somewhere in the West , and such spare Arms as they have with them , which is thought to be a great Number , and when this is done , they are to set sail for the Irish Coast to hinder King William and his Forces from returning ; Now , my Lord , I confess I do not think all these things practicable , but there must be something more than ordinary in the Wind , and you cannot be too cautious . There are various other discourses that pass up and down continually concerning this grand Expedition , which I shall not trouble your Lordship with , as being meer conjectures , and therefore I conclude only with subscribing my self , as I am unfeignedly , and so shall remain My Lord , Your Lordships most Humble Faithful and Obedient Servant . Paris , June 2d . 1690. N. S. LETTER XV. Of the late King James his arrival in France out of Ireland , and of an uncertain report raised of King William's Death , occasioning much ridiculous Mirth and Bon-fires at Paris , &c. My Lord , THat the Arms of this Country have lately prevailed in two great conflicts , the one by Sea , and the other by Land , is sufficiently known here by the publick rejoycings that have been made for both in all parts of the Kingdom ; and I cannot sufficiently express to your Lordship , the Agony I have been under , especially when I heard of the defeat by Sea , but the arrival of the late King some days ago at St. Germans hath cheered up my drooping Spirits wonderfully again ; It s universally agreed here , that King william has had the better of him , though the defeat is minced very much at Court ; who thereupon foreseeing that it would be a matter of much enquiry , and seem no less than a paradox among the people , that he should quit Ireland so soon , where his presence must have been absolutely necessary for the heartning of his foiled party , they have given a reason for his retirement so ridiculous , that let them believe it who will , I think I shall not yet , and I am sure your Lordship will not ; and that is , that Monsieur Lauzun had in a manner constrained him to withdraw himself into France , because his extraordinary courage caused him to expose himself like a common Soldier , even to so much danger that it had like to have cost him his life : And if the foresaid reason was so very ridiculous , I am sure your Lordship will not think the rejoycings made in this City upon the groundless report of a Lacque of the Kings who got out of Ireland a few days after his Master , to be less so ; For upon his Arrival , he was pleased to acquaint the Court , that Duke Schomberg was not only killed , but King William dead also , which good News , as they call it , was of that importance , that it was glibly swallowed down , and the proof thereof never enquired into , and the News happening about Mid-night to come into the City , the Commissaries immediately ran up and down the Streets , knocking up the People and crying out to them , Rise , Rise , make Bonfires ; So that in about an hours time , all Paris was in a Blaze , and nothing to be heard there , but Hautboys , Drums and Trumpets . Not content with this , the Rabble made the Effigies of King William and Queen Mary , dragged them through the Dirt and Mire , and at last threw them into the Flames ; The Bells were rung in several Parishes , the great Guns roared from the Bastile ; and in short , for compleating the farce , nothing was omitted , which was usually done upon the most solemn occasions , neither was this rejoycing confined to the narrow bounds of one day , but lasted several : Neither could the publick news from Holland and other parts , that expresly imported the contrary , make them abate one jot of their vain credulity , nay , the questioning the truth of it was almost a crime unpardonable . And because nothing should be omitted to enforce the belief of it upon all that seemed in the least dubious , the Opinions of the learned Physicians , who , I must tell your Lordship did not want practice upon this occasion , were hotly urged for it , and who for the most part mercenarily agreed to resolve their patient's Questions in the affirmative , viz. That the wound of a Cannon Bullet was mortal , from whence it was inferred as a natural consequence , that because King William had received such a wound , he must of necessity be dead of it . Nothing could be more vain and frivolous than to tell them of the number of People that have had their Leggs and their Arms shot off by a Cannon Bullet , and yet have lived in a good state of Health for a long time after ; for to this it was readily answered , That all that was alledged upon that head , was formerly true enough , but that now Chirurgery was quite another thing ; and from that time forward , whoever was but touched with a Cannon Bullet , though the skin were but only a little rased , was condemned to die : Strange is the effect of prejudice , my Lord , and how easily do Men believe what they would have to be so , but I shall not detain your Lordship any longer with so ridiculous a Narration , though I question not your kind acceptance of it from My Lord , Your Honours devoted and most faithful Servant . Paris Aug. 10. 1690. N. S. POSTSCRIPT . Just now there is a report spread up and down that the late King is to go forthwith on board the French Fleet , and to endeavour to land in England , where they are very confident to find a very considerable party that will declare for his interest , but whether there be any such design in reallity , I cannot yet penetrate into , I am My Lord , Yours , &c. LETTER XVI . The French Court mightily concerned at the Proceedings of the Duke of Savoy , and his declaring for the Confederates , yet try one stratagem more to bring him to their side . My Lord , I Do not find notwithstanding whatever I subjoined in my last to your Lordship of a Descent or some such thing upon England , that the same is any more talked of , but generally concluded to be at this instant impracticable , neither do the affairs of Britain seemingly half so much perplex this Court as those of Savoy at this Juncture ; I do not doubt but your Lordship may have heard of many attempts made by them to keep the Duke from falling in with the interests of the Confederates , and especially that of the King of England , but the last and sliest Effort of all is what but few know , and an account thereof , I know , cannot but be pleasing to your Lordship , now I have nothing more material to inform you of : Monsieur de Croissi , as I suppose your Lordship knows very well , being the grand Minister of State in this Country for Forreign Affai●s , finding by his secret intelligence that the Duke of Savoy had declared for the Confederates , hastened to give the King an account of it ; whereupon two of the Duke's Ministers were somewhat confined , but after a little consultation upon the matter , the King thought it advisable to give his subtil Minister orders to confer with the said Embassadors once more , yet so to order it , that it might not look like a formall conference , or a thing concerted before hand ; Croissi ordered his matters so well , that he met them one day in the street , when he told them , that he wondered he never could see them , that Madam de Croissi had thought they would have come and drink a dish of Coffee with her , to which purpose , he would invite them to his House at such an Hour . The Ministers to be complaisant , and being not accustomed to deny Ladies such Civilities , willingly accepted his offers , and promised to wait upon the Lady at the hour appointed , which they did accordingly , and the Venetian Embassador who had the word given him meet there also , but made as if it had been by meer accident . After they had discoursed of several things too and fro by the bye , the Venetian Minister very dexterously turned the discourse into the Battle of Fleuri , and the Engagement at Sea against the English and Dutch Fleets , and so took occasion to aggravate to the utmost of his Eloquence , the advantages which his most Christian Majesty had reaped thereby , and to lessen at the same time as much as he could the power of the Confederates . From thence passing forward to the affairs of Italy , he laboured to shew how difficult a task it was for the Spaniard to resist the Arms of the most Christian King , and laid the chief stress of his Arguments upon the pressing desire which both the Pope and the Venetians had to prevent the fire of War , from flaming over the Alps , and so take hold of all Italy . To all which decoying Discourse , Monsieur de Croissi said no more , but only so much as he adjudged necessary to shew the Venetian Embassador spoke nothing , but what was true , for fear least the Savoyards would have occasion to discover the concertship between them , and that the Venetian said nothing but what the Monsieur put into his Mouth : However , it seems the Savoyards were not so stupid , but that they apprehended quickly a good part of the Truth ; And therefore being unwilling to engage themselves in long disputes to no purpose , they thought it sufficient to answer once for all , that the Duke their Master had made choice of his side , and that no consideration whatsoever could oblige him to fail in his promises to his imperial Majesty , King of Spain and the rest of the Confederates . And if the Court are so highly perplext for the ill success they have had upon the Duke and his Ministers , the common Vogue is they are not a whit less at Monsieur Tourville's Conduct after his Sea Victory , that he has made no more improvement of it , but I can say nothing positively upon this head , and therefore shall only subscribe my self , My Lord , Your Lordships most Humble and Faithful Servant . Paris Sept. 1. 1690. N. S. LETTER XVII . Of close designs hatched in France , of Monsieur de Tourville , and the rumour of his being disgraced for his Conduct , and of the reports concerning the Dauphins's marrying again . My Lord , NEver were frequenter Consults held than at this time here , both as to the Sea and Land Affairs , and the King's time is so taken up continually with the one or the other of them , that he has of late neglected his ordinary Recreations and Divertisements ; I am confident there is a grand design formed against England , and I have had no obscure intimation of it , though I cannot possibly penetrate into any one distinct particular , I heartily wish there may be as much precaution used on your side to ward off the blow . But while matters are thus secretly agitated in the Cabinet , the noise of Monsieur Tourville's disgrace is with great industry bandied about both in City and Country , and nothing omitted to let the Confederates also come to the knowledge of it , which perhaps may carry as great a Mystery in the Womb of it as the rest ; Some attribute it to one thing , some to another , many stick not to say it arises from his holding some sort of Correspondence with the Enemy , others that some latent Maligner of his advancement has done him some ill Office at Court : I heartily wish for the Confederates sake , France had occasion to shift her Admirals often ; But believe me , my Lord , these are meer illusions and amusements , and the French King knows his interest better than to lay aside at such a juncture as this , the most understanding Sea-Officer he has in his Kingdom , and you will find he will command a more formidable Fleet next Summer than ever yet he has done . It s whispered also , as if the Swede had been won to the French Interest , and that besides the divertion he will give to the Confederates in Pomerania , he will send a squadron of ships to join those of this Crown early in the Year , which the Confederates ought to be as sedulous to prevent , as they are to watch the motions of the Grand Duke of Tuscany , to whom its commonly reported , there have been proposals made of a match to be made between the Dauphin and the Princess of Tuscany , in hopes by means of that Allyance to oblige him , as being the most potent Prince of Italy , to declare for the Crown of France , or at least to perswade the Duke of Savoy to an accommodation . But yet , my Lord , if my intelligence fail not , they have much more reason to fear such a match struck up with the Infanta of Portugal , as giving a fair prospect to far greater future advantages , then any solid present ones that might reasonably be expected from that other Allyance with the grand Duke ; more especially since the Dauphine will have in her right , not only a particular pretention to the Crown of the King her Father , but also a very plausible one to the Kingdom of Spain , and so an advantage may be made of both at the same time ; I wish the Spaniards were as jealous of this match as they are of their Wifes , then there may be some hopes of frustrating the same . Your Lordship knows how far the knowledge of these things may be useful to the present Constitution , and so I refer them entirely to your consideration and management , who am My Lord , Your most Humble and entirely devoted Serv. Versailles Nov. 7. 1690. N. S. POSTSCRIPT . This Letter I have been forced to keep by me for some days for want , &c. but it gives me the opportunity to acquaint you , that there is advice that the Infanta of Portugal is dead , which quite puts an end to the Negotiation above mentioned , and may ease the Confederates of their cares to obviate it ; but the malignity of this Court will not suffer some of them , and particularly the House of Austria to go untraduced , when 't is already given out aloud that the life of that Princess was cut short , to secure the Crown to the Successors devoted to the House of Austria , I am My Lord , Your Humble Servant . LETTER XVIII . Reports in France of a design formed in Spain , to give up the Netherlands to some Forreign Prince , &c. My Lord , THis Court is not a little Allarmed , or at least seem to be so , at the late advises from Spain , of some proposals made there in the Council of State , that seeing the defence of the Spanish Netherlands costs much more than the Revenue thereof amounts to , that they should be surrendred over to some Prince or other , who would undertake their defence , doing only homage to the King of Spain . It s not unknown to your Lordship how about Eight Years ago , they had some thoughts of surrendring them to the Duke of Bavaria , and nothing more certain than that this Court broke then the neck of that design ; But though the Dukes apprehensions at that time of engaging himself by such a procedure in a War with France , was the reason the business went no further , yet that can be no obstacle now , he is actually engaged in the Confederacy against France . But how disgustful soever this proposal is to the Ministers here , that other motion in the same Council , to leave those provinces to their own management with permission to change themselves into a Republick , and provide for their own safety as they should think most expedient , is much more dreaded by them , as foreseeing such a form of Government might according to the example of the Switz Cantons , though of different principles in Religion , so league themselves with the States General , as for ever after to prove a Wall of Brass against all the attempts of this Crown . But while these and other matters are slowly deliberated , it s well if some part of these Provinces be not filched away by the Arms of France . In the mean time , I can assure your Lordship there are vast Preparations made , and some very grand Enterprize at hand on that side , and some considerable Pass may be seiz'd without the Confederates are as forward and vigilant to defend as the French Arms are to Attack , which I am sure is not believed at this juncture . I am as heartily sorry I cannot be more particular in my information , as I am always forward to transmit all that I think any ways worthy to be known , and desirous to approve my self , My Lord , Your Lordships , most Humble and most Obedient Serv. Versailles , Feb. 7. 1691. N. S. LETTER XIX . Of the City of Mons besieged by the Arms of France , and the reason why King James was not there . My Lord , YOur Lordship cannot now but see the Effects of part of what I have writ to you in my last , the close consultations and vast Preparations that were made , were not for nothing ; I am not well informed , I confess , of what Preparations the Confederates have made to obviate the enterprize in hand , but I can assure your Lordship , they have a very poor opinion of them here , and they as little question the speedy reducing of Mons under the Obedience of the Crown of France , as they do the safe return of their King laden with Trophies for the taking of it . But many People are not a little surprized to see , that while the King and all the Princes of the Blood expose themselves to the Hazards and Toils of War ; That the late King , whom some have so much cried up for a Lover of Military Glory , has no Share therein : But his Admirers have found out , as they think , a very plausible Pretence for his Absence ; Because it is not known in what Quality he would have appeared in the Field : But the Truth is , my Lord , they have no great Opinion of his Valour and Conduct ; and he has succeeded so very ill in his own Concerns , and Undertakings , that they are very much afraid his Presence should infuse some malignant Influence into the French King's Designs . And whatever Veneration those now in England of his Interest , and from thence denominated according to his Name , may have for him , there is hardly a Day passes here , wherein some Satyrical Piece or other does not appear against him , far enough from sparing Personal Reflections . But this will make the Confederates in general but small Amends for the Loss of Mons : However , I could not but once take notice of it to your Lordship ; desiring you to believe how ready I am , to the utmost of my Intelligence , My Lord , To Serve and Obey you , whilst . Paris , April 18. 1691. N. S. LETTER XX. Of the Raising of the Siege of Coni , and of the Death of that Grand Minister of State to the French King , the Marquis of Louvois ; and also of Monsieur Barillon's , once the French King's Ambassador in England . My Lord , THE general Affairs of the War are so publick , that your Lordship cannot but come to the Knowledge of such Transactions as fall out from Time to Time , as soon as any other in the Kingdom ; and they are such at this Juncture as sufficiently perplex this Court , especially so far as they regard Italy and Savoy in particular , from whence they have just received the bad News of the raising the Seige of Coni , which is yet but whispered amongst them ; But your Lordship may so far rely upon my Intelligence in this particular , as confidently to report it in England ; of which News , I question not your giving hereby the first Intelligence : But though this ill Success is so much the more mortifying to this Court , in that they fully reckoned upon the Taking of the Place , seeing all others that had hitherto been besieged by their Arms on that side , have made little or on Resistance , and that they own themselves they have lost before it Eighteen Hundred of the best of their Men ; Yet another Accident has , my Lord , this very Day happened here , which at present seems more surprizing , and a greater Subject of Discourse than the other ; and that is , the Death of our Grand Minister of State , the Marquess de Louvois : Your Lordship knows what Relation I have stood to him in , and what Word I sent you once by Major H — if there was a Possibility of his seeing you , of my then Circumstances upon the same Foot. Things being still much the same , I shall not further trouble you with a vain Repetition of what I am now well assured the said Major has reported to your Honour ; but observe , That the Marquess having dined with the Princess d'Espenoy and Madam de Soubize , he found himself presently after ill in the King's Chamber , from whence he retired into his own to be Let Blood ; but not finding any Ease by Bleeding in one Arm , and being extreamly oppressed in his Spirits , nothing would content him but he must needs be Let Blood in the other , and thereupon died at the same time . These , my Lord , are the naked Circumstances of this Great Man's Departure ; and you may relie upon it , though I do not question but many may be apt to ascribe his Death to some extraordinary and violent Cause , since I have even already heard a Whisper of it in a Corner : But whatever Reflections the World may make upon the Causes of his Death , I foresee there will be no less Animadversions upon the Train of Consequences that may attend it . Perhaps many of the Confederates may be apt to believe that the Death of Monsieur de Louvois may produce such an Alteration of Affairs here , as may not a little contribute to the Advantage of theirs , since much of the happy Success that has hitherto attended the King's Designs , will be ascribed to the Address , Cunning and Policy of this Minister , and that the French Lilies will wither in another's hands . I do very well know that such Suggestions carry a great Appearance of Truth in them : But if I may freely deliver my Opinion to your Lordship , from my own Observation and Experience , I cannot but declare my self contrary to the aforesaid Sentiments , which , if any Ways relyed on , will be found to prove but broken Reeds ; For , believe me , my Lord , the French King has had a greater Share in the publick Transactions of his Kingdom , than any of his Ministers , for all the Time I have known France : And no one understands his own Affairs and Interests as well as himself ; to say nothing of the Assistance of so many politick Persons , and Men of great Abilities he has constantly about his Person , and who serve him with more than ordinary Zeal and Affection ; which will sufficiently compensate for the Loss of one single Minister . Your Honour cannot but be sensible why I observe this at the present Juncture , such an Aery Advantage as this is like to prove , can bring no solid benefit to my Country , but a real Detriment will infallibly succeed a Dependance upon it . But the Death of Monsieur Barillon , which happened a few Hours before the other , and who knew England better than any other French-man , may , I trust , conduce more to the Tranquility of the Kingdom within , which none more passionately desires to hear of , than , My Lord , Your ever Obliged , and Most Faithful Serv. Versailles , July 16. 1691. N. S. LETTER XXI . Of Monsieur Pompone's being made Minister of State : And of some Particulars relating to a Peace , said to be offered by France , to the Confederates . My Lord , WHat I observed to your Lordship in my last , how vain the Hopes of the Confederates were like to prove , of any good Advantage to their Affairs , by the Death of Monsieur de Louvois , appears here daily more and more , by divers Instances that might be given ; But I shall only confine my self to inform your Honour , that the Advancement of Monsieur Pompone to be Prime Minister of State , is a clear Demonstration of the Truth I have advanced , as 't is of the King 's great Skill and Judgment also ; Though indeed , it must be owned , that this new Favourite enters upon his Ministry in a ticklish Juncture of Time ; yet for my own part , I am fully satisfied Things are not so bad with France , as the World would believe them to be , and the following Proposals of Peace , intended to be , or , as some say , already offered to the Confederates , would insinuate ; of which I communicate to your Lordship a Copy , as I have received them from a Friend , with some difficulty . First , That the Most Christian King will acknowledge King William for Lawful and Rightful King of England , &c. upon Condition he shall allow to the late King James and his Consort a handsom and competent Subsistence during each of their Lives , and the Survivor of them Secondly , That towards promoting effectually so good a Work , he is willing to restore to His Catholick Majesty of Spain the City of Mons , and other Places he has taken from him , &c. Thirdly , That the City and Fortress of Philipsburg shall be restored by him , to the Bishop of Spire , in the Condition it is now in , without any Alteration whatsoever . Fourthly , That he will entirely quit Strasburg , and restore it to its ancient Privileges of a Free and Imperial City . Fifthly , That he will demolish all the Fortresses he has built along the Rhine for several Years past . Sixthly , and Lastly , That the Duke of Savoy shall be restored to all the Territories he has lost since the War ; and also receive full Satisfaction for all the Losses sustained therein . But , my Lord , whether any such Offers have been , or are like shortly to be offered to the Confederates , by this Court , I am not fully satisfied ; but of this I am , and desire your Honour to be so too , that Things are not yet brought to that Extremity with France , whatever some Men may be apt to flatter themselves with , as for her to be truly real and sincere in such like Offers : Neither , indeed , do I find it believed here at all ; and they are much more concerned to break off the Negotiation which is on foot between the Emperor and the Grand Seignior , than they have present real Intentions to accommodate their own immediate Affairs , and be at Peace with their Neighbours : But what Progress they have made to keep their Mahometan Friend in their Alliance , I will not take upon me to inform your Lordship with any Certainty ; I only note , that they begin to talk of it here already with very great Assurance , as a thing at least three quarters done . I am afraid I have been both tedious , and impertinent too ; for which I heartily beg your Lordship to pardon me ; and to construe all as proceeding from the unfeigned Intentions I have to serve you to the farthest Extent of my Power , who am , and ever shall remain , My Lord , Your most Humble and Devoted Servant . Paris , July 27. 1691. N. S. LETTER XXII . Of a Couple of Pamphlets spread up and down Paris ; One Intituled , A Letter from a Burgher of Norinburg , to a Deputy of the Dyet at Ratisbonne : And the other , From my Lord — an English Privy-Counsellor , to the Earl of P — with an Intent to foment Divisions amongst us . My Lord , TO trouble your Lordship with an Account of the many Forgeries daily published here , to the intended Dis-service of the Confederates , I hold it none of my Business : But there has very lately appeared up and down this City a pair of such singular Pamphlets , levelled to the forementioned Purpose , that since I cannot possibly inclose them herein , without manifestly incurring the Hazard of my Life , and your Lordship's Reputation , yet I hold my self obliged to give you the Import of them : The one is intituled , A Letter from a Burgher-master of Norinberg , to a nameless Deputy of the Dyet of Ratisbonne ; and contains in Substance , That Germany has no Reason to rejoice at the Progress of the Imperial Arms against the Infidels , under a Pretence of Fear lest the Emperor's Power should increase , to the prejudice of the Liberty of the German Potentates , and other Dependants upon the Empire . It does insinuate , That as soon as he has Peace with the Turk , he will have at least , an Army of Fourscore Thousand Men , all composed of his own Soldiers , which he will not fail to quarter , by fair or foul Means , upon the Territories of the Electors , other Princes of the Empire , and the Free Cities ; And then would slily infuse in the Close , a Terrour into the Germans , of their being reduced to the same deplorable Condition as they were in the Year 1628. when they had none but the City of Stralsburg , &c. which yet , by the help of the Swede , withstood the whole Force of the Emperor Ferdinand II. Your Lordship knows the Story full well , I need not relate it ; as you do how to make a solid Judgment of the Invalidity of these Whimwham Pretensions , as well as to refute such Cobweb-Arguments . The Second is much of the same Stamp , only the Text is taken from the Progress of King William's Arms in Ireland : From whence they would foolishly infer , as in the former , That his growing thus formidable , foreboded no Good to the Nations round him ; ( to France , I believe it does not ; ) and that not only England , Scotland and Ireland , but Holland too , and even the Catholick Spanish Low-Countries , ought to look about them ; since it was very manifest he had now formed a Design to reign with an Arbitrary and Despotick Power over all those Countries , and more particularly the former of them , notwithstanding all Pretensions of vindicating their Rights , and restoring to them their lost Liberties , and his present allowing to the Parliament , seemingly , a greater Extent of Authority than they enjoyed in former Times . 'T is too impertinent to run through all the vain Repetitions used by them , upon this Subject ; I shall therefore content my self to say , in a Word , there is a great deal more of the Ribaldry behind , to the same purpose , and that I 'll trouble your Lordship no longer with it ; Though I confess , I could meet at this time with no better Entertainment for you ; who am yet proud of the Opportunity to caution my Country against any Snares laid for its Liberty from hence , and overturning its Settlement by groundless and unseasonable Jealousies ; as I am always to acknowledge how much I am , My Lord , Your Lordships , most Humble and Devoted Servant . Paris , Octob. 12. 1691. N. S. LETTER XXIII . Of the great Preparations made in France , for the Carrying on the War against the Confederates in the Year 1692. My Lord , 'T IS more the profound Respect I have always had , and ever shall retain , for your Lordship , that makes me thus continue my Correspondence , than the Weight of any Informations I am able to transmit from hence , where things are managed with as much Application , as the Contrivances are secret and mysterious . I have , in a former Letter , hinted to your Honour , That whatever Appearances there might be made for to dazzle the Eyes of the Confederates , yet that Things were not really brought to that pass in France ; Which appears confirmed to me now , Day by Day , by the formidable Preparations that are even already made for the approaching Campaign ; of which , let your Lordship be pleased to take such Particulars as I have been able to learn , and whose Effects I wish the Confederates may seasonably obviate . Our great Engineer here , Mon. Vauban , is lately gone , by a secret Order , to view Dinant , Rocroy , and other Frontier Places on that side ; where he has Orders to add as many new Fortifications to each Place , as he thinks necessary ; with an Assurance , that no Money shall be wanting to that end : Besides which Care of their Frontiers , the Guards are ordered to be augmented with Ten Men in each Troop ; and such Care taken , that they shall be the choicest Men of France : Over and above this , I am well assured , that besides 20000 Recruits that are to be raised for the old Regiments , there will be new Commissions very speedily issued out for a new Levy of 30000 Men , Horse , Foot , and Dragoons : And if the Power at Sea will be as formidable as some give out , I am not without a strong Jealousie of some Attempt projected to be made against England it self , though the French-Men have come off with so many Broken Bones in Ireland : But of this I can say very little that is certain at present ; but I desire your Lordship to rest assured , that no Endeavours shall be wanting to give you an Account also of their Marine Affairs , in him who is proud to serve you ; and who am , and always will be , My Lord , Your Honour 's most Humble and Obedient Servant . Paris , Nov. 19. 1691. N. S. POSTSCRIPT . I had almost forgot to acquaint your Lordship , that whatever Sentiments you may have in England , of the Affairs of Savoy , and the Siege of Montmelian , they seem here so certain of reducing it , as if it were already in their Hands . LETTER XXIV . Of King James's Declaration in the year , 1692. and his Invitations to the English Nobility to come into France , to be present at his Queen's Delivery , &c. My Lord , I Have since my last to your Lordship been under so many Visicitudes of Fortune , and among other Afflictions been visited with so long and severe a fit of Sickness , that I cannot but perswade my self that your Honour has long ere now concluded me either Dead , or turned Runagade and abandoned your Service ; the thoughts of which later hath afflicted me in a very sensible manner , and doth now incite me with considerable hazzard to attempt the undeceiving of you hereby in that particular ; and withall , to communicate what I have very lately learnt by the means of a Friend great at St. Germans , of the posture of things in relation to England ; I hope you are not without considerable apprehensions of danger from hence , and so have made timous preparations to ward off the blow ; and whatever the designs may be on your side , its most certain that there have been positive resolutions taken , to make a Descent upon the English Coast , with a formidable power very speedily , and the late King is resolved to be at the head of the Enterprize . To that end I am assured , all the Irish Troops and other French Forces which will be joined with them , and which will make up a Body of Fifteen Thousand Men , are to hold themselves ready to march upon the first notice towards the Coast of Normandy , where they are to Rendevouz , and where the late King designs to be with them with all the privacy imaginable , and all this under a pretence of Guarding the Coasts , against the insults of the English : There are several Transport Ships already got together for this Expedition , and the French Fleet under Monsieur Tourville is in a great forwardness , and will be very formidable , I am fully satisfyed , though I can give your Lordship no particulars ; I am told also , there is a Manifesto or Declaration a contriving , and designed to be Published when things are ripe for it , importing , the late King's Resolutions to attempt the recovery of his Crown , with what forces of his own Subjects he has with him , in conjunction with as few Auxiliary Troops as may be , that the English may take no Umbrage thereat ; Shewing the justness of his Cause , the great reason his People have to receive him , that they cannot be happy till his re-establishment ; promising mighty things for the Nation , in respect to the settlement of Religion , and grandeur of the English Monarchy , and also a general Amnesty to all those that shall return quickly to their Duty , excepting a few , whose Names I could not yet learn. I do not question , my Lord , but there has been much discourse in England concerning the late Queen's Pregnancy , I can give no manner of account of it , any otherwise , than that the reality of it is not doubted here , and that I am told , it has been projected to direct a Letter to all the English Nobility , to invite them to come into France and be present at the Delivery , ( which is thought will be in less than two Months ) according to custom , and to alledge they may do it with the greatest safety , in regard the French King will give his Royal Word , they shall return without Let or Molestation , so soon as the said Queen shall be Delivered ; But as I do not expect to see your Lordship here on this occasion , so I hope you may be very useful to keep our Countrymen that are on this side here still , and disappoint their designs , which none is more desirous of than My Lord , Your Humble Servant . St. Germains March ●1 . 1692. N. S. LETTER XXV . The French Artifices to raise a mistrust in England , of the Officers of the English Fleet in 1692. My Lord , I do not question but your Lordship by this time is fully convinced of the intended Invasion , as I hinted in my last ; And it may be you have already felt the effects in some measure , of the evil Seeds that are sown amongst you , by those that are in this Courts Interest , in order to divide and make you jealous of one another in this ticklish juncture . If your Lordship will give me leave to put in my sentiment hereupon , I say , were I to advise the Government , ( and I have good grounds for what I say ) I would have it hold a watchful Eye over the affairs and motions of the Officers of the Fleet , for there have been measures concerted to raise a mistrust and suspicion of the fidelity of the said Naval Officers , and for ought I know , are by this time near begun to be put in Execution ; They would have it here believed , that several of them have a design to favour the late King's Descent , and that others are disaffected , and not hearty in the service ; Such a belief in England must be very pernicious , if not fatal at present , especially if once the Officers be so far imposed upon as to fear being discharged of their Imployments , which apprehension seems to be the main design of England's Enemies to propagate . But I must be abrupt , as I have been short , and beg your Lordship's Pardon , who am in hast , My Lord , Your Humble Servant . Paris , April 17. 1692. N. S. LETTER XXVI . Of the French magnifying their power at Sea , after the fight in May , 1692. &c. and of the late Queen Mary's being brought to Bed at St. Germans of a Daughter . My Lord , THO' there is nothing more grievous to both Courts here than the late defeat of the French Fleet , yet the Ministers have endeavoured to dissemble it with much Application , and would make the drooping People believe , it was a thing so inconsiderable , as that it is in a manner quite repaired already , and that their Fleet is already so reinforced , as to be in condition not only to obviate the attempts of the Enemies Navy ; But after they have taken on board some Necessaries , to put out to Sea and provoke them to a second Engagement ; To which end they have Published a List of Seventy Men of War , besides F●ig●●s , &c. that they pretend to have ready , which I shall not trouble your Lordship with a Coppy of , because I know it to be false : And if the French Ministers are thus put to it , to support their Master's Credit at this Juncture , they are almost past all hopes at St. Germans , where the late King and his disappointed Followers are arrived , and who have nothing now to sollace themselves with , but the happy delivery of his Queen of a Daughter ; Which second production , it s hoped , may overcome the obstinacy of Mens minds , and make them at last believe the first was Genuine . But if there were a cloud of unlucky circumstances that attended the former , there is one already known to have accompanied this also , viz. that the Delivery was so quick , that Madame who was in this City , and made all the hast she could to go to the Labour , as soon as ever she had notice of it , could not yet get thither soon enough . The affairs of Flanders and other parts , where the War is , I forbear to touch on , as supposing your Lordship has an exact account of all the Transactions that happen , sooner and more truly too than I can inform you from hence , where most things to their disadvantage are as cunningly veiled over , as the successes are magnifyed ; wherefore I shall take my leave of you , till something momentous does occur and only subscribe my self My Lord , Your Lordships most Humble and Devoted Servant . Paris , June . 30. 1692. N. S. LETTER XXVII . Conjectures of the French designs in the year 1693. against the Allies , and of their Incendiaries to burn the Confederate Cities . My Lord , I am fully satisfyed what a great noise the scarcity of Bread in France makes in England , and the other confederated Countries ; the misery indeed from that and other concurring causes is very great ; but yet what may seem to some , less intelligent than your Lordship , very little less than a Paradox , is , that the face of the Court is as splendid and gay as ever I have known it in the time of France's highest prosperity , and nothing is talked of there , my Lord , but the mighty Armies they have on foot by Land , and their great forwardness to enter upon Action , as well as their their great power on the other Element . I am assured the King will very shortly leave Versailles , in order to be at the head of one of his Armies , but whether he designs for Germany or the Neatherlands , is yet a secret , tho' the Vogue is , that the intended Journey is for the latter , and that provision is making for his Reception at Compeign and Valenciennes ; which ( I am told ) having occasioned a certain Courtier a day or two ago to say , that that road leads directly for Flanders , and the same discourse coming quickly to the King's Ears , he made answer , That a Man might go from Valenciennes to Germany . Your Lordship may make what judgment you please upon the Expression ; I le leave it wholly to you , and shall at present only further inform you , that as I have formerly given you some account of what Fires have been kindled in several Cities of the Empire , Hungary , &c. by the agency of this Court ; I have more than a suspition that the same practise is again set on foot , and that there are very many incendiaries entertained by these Ministers , to put the same in Execution in diverse parts of the Confederate Countries ; And I do desire your Lordship to believe , that there is no villany they will boggle at , for the compassing of their accursed ends , as there is none but what I am very forward to discover to your Honour , and proud of an opportunity so to do , who am My Lord , Your Lordships , most Humble and Obedient Servant . Versailles , April . 14. 1693. N. S. LETTER XXVIII . Of Proposals of Peace made by France to the Emperor and Empire in the year , 1693. My Lord , THe successes of the French Arms , since the commencement of this unhappy War , against the Empire of Germany , does not hinder this Court ( as I am well assured ) to make overtures of Peace on that side particularly ; the motions whereof the Confederates are narrowly to watch to prevent the fatality of such a disjunction in their present Allyance . The Swedes are very busy in promoting the Work , and the terms that are offered , are to this purpose , as I had them communicated to me by a particular hand . First , That in general the King desires , That the Treaties of Westphalia and Nemeghen may remain in full force and vigour . Secondly , That the Truce concluded at Ratisbonne in August , 1684. for 20 Years , may be changed into a defensive Treaty of Peace , with such alterations as are here after explained , as First , That in recompence of the City of Strasburg which the most Christian King is in possession of and designs to keep , Mont Royal and Trarback shall be rased , and restored to the Prince to whom they belong , provided that neither of them be re-fortifyed for the future . Secondly , That all the Works of Fort Louis and Hunninghen , that are beyond the Rhine , shall in like manner be demolished . Thirdly , That Phillipsburg with the fortress thereof shall be restored , as also Friburg in the same condition they are in at present . Fourthly , That Heidelburg shall be given up to the Elector Palatine , and all the dependances of the Palatinate , notwithstanding the claim of his Sister-in-law the Dutchess of Orleans to several Lands and Fiefs therein , which losses the King will take upon him to repair ; And as for Saar Louis , Biche and Homburg , he is willing take condescend to any equivalent for them , of equal Revenue to the Elector . Fifthly , That as for Re-unions , if Commissioners appointed on each side shall not be able to adjust them in a limi●●ed time , the French King will refer himself to the arbitration of the Republick of Venice . I am further informed , my Lord , that Cardinal Fourbin has orders to sollicite this point also with the Pope , and to acquaint him how willing the King is to compose the affairs of Europe , and those of Italy in particular ; and that himself shall have plenary Power to draw and regulate the conditions , provided that in the first place , the Restoration of the late King James be absolutely concluded upon , with which I shall also conclude this Letter from My Lord , Your Humble Servant . Paris , Aug. 11. 1693. N. S. LETTER XXIX . Of Libells in France against the Government , &c. My Lord , I am not to give your Lordship here the reason of my so long silence , since you know it already by a remarkable instance , and it is possible you may have by his time heard the issue of our King's m●●ch towards Pont Esperies , and the Daup●e's diligence to secure that Pass . Were you to have seen the Consternation men generally were under in this City , upon the first advice of the said March , you would have thought all France had been in danger of being lost without retrieval ; and the letter of thanks , which the King h●● dispatched to the Dauphine , the rest of the Generals , and to every particular Regiment , both French and Switz by Name , for their Zeal and indefatigable industry for the preservation of their Country lifes and most important places on the Sea Coast is an evident demonstration hereof ; As the common Murmurs , and many Libels that appear abroad every day against the Government , are no less a proof of the decline of the French affairs , and growing greatness of the Confederates , the causes of both which I need not take upon me to commemorate to your Lordship , since they are evident to none more than your self . My Lord , I must keep my Hand in use , and write to you , as long as I am here , and can have any opportunity to testify thereby how much I am My Lord , Your Humble and ever Obliged Servant . Paris , Octo. 2. 1694. N. S. LETTER XXX . Of the King James his receiving an account of Queen Mary's death , &c. My Lord , I have had often some Thoughts to inform your Lordship of many unhappy accidents that have befallen me of late in this Country , but had I been now at length fully determined to transmit the particulars , the general Calamity in the untimely fate of the Excellent Princess Mary Queen of Great Britain , &c. must have quite supprest it ; I am so concerned , not only for the present loss , but for the events to follow , that I am not fit for ordinary Conversation . It s scarce belief how elevated those in the late King's Interests are , upon this turn of things ; but the truly vertuous , tho' Enemies , carry the signs of Sorrow in their Countenances . This Court and the late King have had very timous information of this our misfortune ; and I am well assured they have had a long Conference together upon the said subject , and that at the same time some Letters have been dispatch'd in order to a Tryal , whether any Tares may be sown in England upon this occasion ; But I hope the pruden● Management of Affairs on your side , of which the Nations Enemies of late begin to have an high Opinion , will choke them in the production : Neither of the Courts are yet gone into Mourning , neither is there any appearance they will ; But several private Gentlemen , under pretence of the Death of Relations in the Country , are in Black. For any other particulars I beg your Lordship to Pardon me , that I can give no account , and to believe that I am , My Lord , Your Lordships most Humble Servant . Paris , Jan. 10. 1695. N. S. POSTSCRIPT . My Lord , I had under my present concern of mind almost forgot to acquaint you , that five days ago , the Duke of Luxenburg departed this Life at Versailles , in the Sixty Fourth Year of his Age ; while he was sick , the King continually sent to see how he did , and went often in person to visit and comfort him , and when he was dead , he publickly declared , that a greater loss could not have befallen him , I am My Lord , Your , &c. LETTER XXXI . Of the Successes of the Confederates in Flanders , Italy , &c. in the year , 1695. with some account of the designs of France for the succeeding year , and of the Authors design to return to England . My Lord , THe great success the Confederate Arms have had this Compaign , both in Italy and Brabant , by the Reduction of Cazal and Namur , is more mortifying to this Court , than I am able to express , tho' a good meen is put upon it , and that it is already given out , that the King of France being weary of acting defensively , as has been done the last Summer , will act offensively next Campaign ; and that the Council have already found out ways for the settling of sufficient Funds towards the maintaining not only of such forces as are already on foot , but for a considerable augmentation of them . And for Men , the raising of them is made practicable , by an Edict , prohibiting all persons whatsoever , to keep any Male Servants above One and Twenty Years of Age , so that all Young Men that are above those Years , must either starve , steal or go to the Wars . How far these projects may be put in Execution , I know not , but I do believe them in the main impracticable ; Yet I question not but there are some more secret and dangerous Machinations on foot , and the more than ordinary consultations between the two Kings , I fear , forbodes no good to England in particular : Some general observations that I have made of things during my aboad in — I shall reserve , till I see your Lordship , which my present circumstances urge me to , and which I hope and long to effect before — who am in the mean time and always will be , My Lord , Your Lordships most Humble Servant . 〈◊〉 ▪ Paris , Nov. 3. 1695. N. S. THE Tragical History OF THE STUARTS . FROM The First Rise of that Family , in the Year 1086. down to the Death of Her Late Majesty Queen MARY , of Blessed Memory . By D. JONES , Gent. LONDON : Printed in the Year , 1697. THE Tragical History OF THE STUARTS . IN the Reign of Duncane , King of Scotland , who came to the Possession of the Scotish Crown upon the decease of his Uncle Milcolm in the Year 1040. while one Bancho , Thane of Lochquaber ( from whom the Stuarts descended ) was gathering the King's Revenues , within the bounds of his own Jurisdiction , and withal somewhat severely punishing such as he found to be notorious Offenders ; it caused a Mutiny in the Country , and so a Conspiracy was formed against Bancho , by a parcel of Riotous and Lawless Fellows , who first spoil'd his Goods , and then assaulted his Person , giving him many dangerous Wounds , so that he had much ado to escape with his Life : But assoon as he found himself a little recover'd , and in a condition to travel , he determined to repair to the Court , in order to require Satisfaction for the Damages he had sustained ; where , after he had made Complaint to the King of the same ; and of the Indignities that had been offer'd to him , he at length prevail'd to have an Herald sent to the Offenders , to cite them to make their personal Appearance , for to answer to such Matters as should be laid to their Charge : But they , instead of complying with the Summons , entertain'd the Messenger first with all manner of Reproaches ; and when they had as despitefully used him , both in Words and Actions , as they could , slew him out-right ; and so entring into a Confederacy with their Friends and Kinsfolks , as expecting to be call'd to a severe Account by an Armed Power from the King , they chose one Mackdonald for their Captain , who readily enough embraced the Command , and shortly after routed some Troops , sent against them , under the Conduct of a Nobleman , whom they took Prisoner , and afterwards slew , with which Success they were not a little elated and flushed . Hereupon the King call'd a Council , to consult what to do , among whom , Mackbeth ( so famed upon the Stage ) was one ; who exclaiming much against the Precariousness of the Government , and the mistaken Lenity of the King towards notorious Offenders , did notwithstanding promise , that if they were pleased to leave that Affair to his and Bancho's Management , he did not doubt but in a very short time to give a good account of the Rebels : Hereupon he and Bancho were joyn'd in Commission to go against them , and in some time set out with a Body of Men towards Lochquaber ; The fame of whose Approach struck the Enemy with such a panick Fear , that they dispersed in great Numbers , leaving their Captain Mackdonald almost destitute , who notwithstanding with the small Remains he had left with him , adventurously gave them Battle ; but being routed , he fled for Refuge to an adjacent Castle ; and finding himself environn'd by his Enemies on all sides , and no way left for his Escape , he first slew his Wife and Children , and then laid violent Hands upon himself , to prevent , as he dreaded , a severer Punishment . This Rebellion being thus happily supprest by the good Conduct and Managment of Mackbeth and Bancho , another more dangerous Storm did upon the Neck of it , threaten Scotland ; for Sweno , King of Norway , landed at Fife , with a puissant Army , designing no less than to make an entire Conquest of the Kingdom of Scotland : Duncane , to obviate as much as might be the Intentions of the Enemy , raises Forces with utmost Diligence , and next to himself entrusted the Command of them with the two aforesaid Chieftains , Mackbeth and Bancho ; who had but a little while before done him signal Service against his Rebellious Subjects . Near Calrose the two Armies engaged , and fought for a considerable time , with incredible obstinacy , but at last the Danes prevailed , and the Scots were totally routed , and Duncane fled to the Castle of Bertha , which Sweno laid close siege to forthwith : Mackbeth in the mean time rallies and raises more Forces , to whom the King , by the Advice of Bancho , sent word , that he should not march to his Relief till he had further Orders : The King in the interim entertains a feigned Treaty of Surrender with Sweno , and to elude the Matter yet further , sent his Army , as a Donative , some Provisions of Ale and Bread out of the Castle , but had first mixt both with the Juice of Banewort , a noxious Herb ; which did so intoxicate the Danish Soldiers , who feasted greedily thereon , that they generally fell all fast asleep ; upon which Mackbeth had Orders sent him to march up without delay , and fall upon them , which he did with that success , that the whole Army was slain , save the King , and about ten Men more , who with great difficulty fled to their Ships . But the Rejoycings made for this Victory were scarce cold , when another Danish Army , sent by Canutus , to the assistance of Sweno , landed at Kingcorn , which were also encountred by Mackbeth and Bancho , and utterly routed . Some time after this , as Buchanan , Boethius , and other Scotch Writers relate , tho' in a different manner , As Mackbeth and Bancho , without any other Company , were agoing to a place called Fores , where the King then resided ; it fortuned that they met three Women upon the Road of a very strange Aspect and Habit ; one of them saluted Mackbeth , Thane of Angus , another of Murrey , and the third King , of Scotland ; with which kind of Salutation they were both very much surpriz'd , and Bancho said to the Women , why so unkind to me , as to bestow nothing upon me , when you have assigned to my Companion not only high Preferments , but even the Kingdom of Scotland : Nay , but reply'd the first of them , we have greater Favours in store for thee ; he shall reign indeed but with an unhappy end , and leave none of his Posterity to inherit the Crown ; but of thee shall those be born who shall govern the Scotch Nation by a long Succession of continued descent : And this I take to be the Ground of Dr. Heylin's saying in his Scotia , that it was strangely foretold this Bancho , above three hundred Years before it began to be fulfill'd ; that he indeed should not be King , but that out of his Loyns should come a Race of Kings , that should for ever rule Scotland . This Apparition , for so it was afterwards interpreted , made at first no great Impressions on the Spirits , either of the one or the other , so as that they made no other use of it than to jear one another ever and anon therewith ; Bancho frequently calling Mackbeth , by way of ridicule , King of Scotland , and the other as often entertaining him with the Appellation of Father of many Kings ; till such time , which happened not long after , that the Thane of one of the foresaid places being condemned and executed for Treason , Mackbeth was bountifully invested by the King in all his Lands , Livings and Offices ; which being interpreted by him as a favourable Presage , and as it were a Praeludium towards the Accomplishment of the foresaid Prediction concerning him , it raised his Hopes mightily ; and he begins to set all his Wits on work , and to imploy all his Engines , among whom Bancho was chief , who gave him all the Assistance he could in his bloody Designs , for to attain to the Crown ; which not long after , by a barbarous Parricide ( for a good King is Father of his Country ) he accomplish'd , having slain the King at Inverness , or ( as others write ) at Botgosvane , in the sixth Year of his Reign , and so was forthwith crowned at Scone . Mackbeth , to ingratiate himself with the People , without which , no Government , tho' never so just , can long subsist , gets several good and wholsome Laws enacted for the publick Weal ; But this was an effect rather of Policy , than any natural Disposition and good Genius in him , as did afterwards appear ; and as Tyrants are always uneasie , he was never without dreadful Apprehensions that he should be served the same sawce himself , as he had done by his Predecessor , and the Prediction foremention'd did not a little contribute thereunto , especially that part of it that referr'd to the posterity of Bancho's attaining in time to the possession of the Diadem . And as nothing is more terrible to a wicked Usurper than the Thoughts of a Successor , especially without his own Line ; former Confederacies , for the attainment of the Supream Power , being now disregarded , and quite effaced with the Cares to secure it ; for indeed there is but little Faithfulness to be expected from Associates in Villany , be their mutual Engagements never so solemn ; he makes it his whole business to cut off Bancho , who had been so instrumental to advance him ( the very Practice of Richard the III toward Henry Stafford , Duke of Buckingham ) and therefore , in order to put his projected Design in execution , he invites him , together with his Son Fleance , to a supper , which he had prepared for them . They suspecting no Treachery in the matter , made no scruple to come , and feasted merrily ; and when all was over , prepared to return to their own Lodgings , but they were on their way thither , without the Pallace-Gates , to prevent the suspition of the King 's having any Hand in it , assaulted by several Russians , whom he had hired for that purpose , who slew the Father outright ; But the Son , thro' the favour of the dark Night , happily escaped ; and being sensible of the danger he was in if he stay'd in Scotland , from the Jealousie and Malice of Mackbeth , who , he was now fully satisfied , had contrived the Murder of his Father , tho' the other endeavour'd all he could to suppress it , and make appear it was only a matter of chance , he fled into Wales . He had not been there long , but that he grew into great Favour and Esteem with Trahern , Prince of that part of the Country , call'd Northwales , but into far greater Intimacy , and even to an unlawful Familiarity with his Daughter , so as that she was got with Child by him ; which at length coming to the Ears of her Father , he was so enraged with the Dishonour done to his Family by this Fugitive , and so sensibly touch'd with his Violation of the Rules of Hospitality , that nothing less would satisfie him than his Blood , and so he slew him . The Daughter he also severely used , who was at last brought to Bed of a Son , whom they named Walter ; who , tho' but meanly Educated by his Grandfather's Commandment , did notwithstanding prove to be a Person of high Resolution , and expert in Business . This Walter having on a time happen'd to fall out with one of his Companions , occasion'd chiefly by the other 's reproaching of him , with his illegitimacy , and calling him Bastard ; he became so enraged thereat , that he flew upon him , and slew him outright : But bethinking himself immediately of what he had done , with the great danger he was in , if he stay'd any longer in the Country , he resolv'd to flee , and make the best of his way for Scotland , his Father 's native Country ; where he had not long arrived , but he happen'd into the Company of some English Gentlemen , come thither to attend Queen Margaret , Wife to Milcolm , King of Scotland , and Sister to Edgar Atheline , Kinsman , and ( right Heir to Edward the Confessor ) and behaved himself so orderly , and with such a winning Conversation , that he became highly esteem'd of them . This by degrees made way for him to attain the King's favour , who entertain'd so good an Opinion of him , that when in some time after , Tumults and some popular Disorders had happen'd in the parts about Galloway , and the adjacent Islands , he thought fit to entrust him with the Care of that Affair ; and Walter was so successful in his Enterprize , that he quickly suppress'd the Disorders , slew the Captain and Ringleaders of those Commotions , and reduced that part of the Country into a very good Decorum and Order . I do not find the King ever restor'd him to the Inheritance of his Grandfather Bancho , and the Thaneship of Lochquaber ; but however it was , he was so far satisfied with his Conduct , and so fully sensible of the Service he had done him , that he bestowed a new Dignity upon him , which was that of Steward of Scotland . This was an English term , and the English frequenting that Kingdom so much at that time , by reason of their Concourse to , and Attendance upon Queen Margaret , together with some other concurring Accidents , might be the occasion of the Introduction of it . It was no doubt a considerable power he was entrusted with , by virtue of this new Office , but I do not think it much different , as to the nature of it , but only in respect to its extent , from that of Thane ; which Term and Office annext to it , because so often mention'd already , and may perhaps more hereafter , I shall endeavour a little to explicate , and I hope the Reader will think it no impertinent Digression . Thane therefore is derived by some from the old Saxon word Thegn , which cometh of Thenian , i. e. Ministrare alicui , and made to signifie sometime a Nobleman , sometime a Freeman ; another while a Magistrate , and sometime an Officer or Minister ; thus Mr. Lambert , in his Exposition of Saxon Words , interprets it ; Vavasour's Explication of it , is much to the same purpose ; but Skene de verborum Significatione , saith , that it is the name of a Dignity , and appears to be equal with the Son of an Earl ; and that Thanus was a Freeholder , holding his Lands of the King ; hence Thanagium Regis signified a certain part of the King 's , or property , whereof the Rule and Government appertain●d to him , who therefore is called Thane ; he is opinion it is originally a Dutch word , deduced from Teiner , a Servant , and Tein●● to serve , and therefore may signifie a Servant ; as an Vnderthane does an inferiour Thane or Subject ; he further adds , that when a Person was accused of Theft , but not in the Fang , ( that is , as we say , with the manner of it ) there being no sufficient proof brought against him , he was oblig'd to purge himself by the Oath of seven and twenty Men , and of three Thanes , and so much shall suffice concerning the name and office of Thane . To return therefore to our designed story , you are first to note by way of Recapitulation the bloody Foundation that has been laid here , Bancho the Grandfather conspiring with Mackbeth to imbrue his Hands in the innocent Blood of Duncane , his lawful and rightful Prince , and that not long done , when the same fate attended himself , and that by the contrivance of his own bloody Associate , as a just reward of his Treason : Fleance the Son , upon this , forced to flee his native Country ; there ungratefully defiling that Prince his Daughter , who cherished him in his Bosom , but now as a Monster of Ingratitude he rid his Country and the Earth of him at the same time , by a violent and tragical Death ; and lastly , Walter the Grandson , but base born , was forced to the same shift , as his Father before him , tho' with a better Fate ; the one being under a necessity to forsake his native soil , to avoid being barbarously as well as injuriously murder'd by a jealous-headed Tyrant , but the other to shun the Justice of his Country , that cried out for Vengeance against him for shedding of Blood. Walter being vested in the high Office aforesaid , left his Title and Dignity for a sirname to his Family ever after , and from hence forward we find but little mention either of him , or his Posterity , till the contest between the Bruce's and Baliol's about the Crown of Scotland , which was above Two Hundred Years after ; We shall therefore only endeavour to give you the Genealogy , down to the said time , that our History may appear to be all of a piece , and void of Breaks as much as may be . Walter therefore had a Son , named Alane , who , as they say , follow'd Godfrey of Bullogn into the Holy Land , in the Year 1099. Alexander was his Son , who begat Walter Stuart ; he had Issue Alexander , whose Son was John , the Father of Walter Stuart , that marry'd the Daughter of King Robert Bruce , and begat on her Robert Stuart , call'd in the Scotch Chronology Robert the second King of Scotland , but he was the first Stuart that was advanced to the Throne of that Kingdom . But before we can fairly come to give you an exact Account hereof , it will be necessary to premise a short Scheme of the Contests between the said Baliol and Bruce , because somewhat interwoven with the Affair of this Family . Upon the disastrous death of Alexander the Third , who broke his Neck as he was gallopping his Horse at Kingcorn , over the West-clift of the place near the Sea-side , and left no Issue , but had only a Grand-child by his Daughter in Norway , very young , and who died soon after . Scotland fell under an Interregnum for the space of six Years and nine Months , as Buchanan computes it ; for so long it was between the Death of Alexander , and the declaring of John Baliol , King of Scotland ; and in the mean time you may be sure there wanted not Pretensions to the Crown , and the case briefly was thus : William , King of Scotland , had a Brother , named David , Earl of Huntington , and great Uncle to this Alexander the III. which David had three Daughters ; Margaret marry'd to Allan , Lord of Gallaway , Isabel to Robert Bruce , Lord Annadale and Cleveland , and Adda to Henry Hastings , Earl of Huntington ; now Allane begat on his Wife Margaret a Daughter , named Dornadilla , marry'd in process of time to John Baliol , after King of Scotland , and two other Daughters ; Bruce by his Wife Isabel had Robert Bruce , Earl of Carrick , ( as having married the Inheritrix thereof ; ) but as for Huntington he laid no manner of Claim . Now the question was whether Baliol in right of the eldest Daughter , or Robert Bruce , being descended of the second but a Male , should have the Crown , he being in the same Degree , and of the more worthy Sex. The Controversie was tossed up and down by the Governors and Nobles of the Kingdom for a long time ; but at last , upon serious deliberation , it was agreed to refer the whole matter to the decision of Edward the I. King of England , which he was not a little glad of ▪ For resolving to fish in these troubled Waters he stirs up eight Competitors more , that he might further puzzle the Cause , and at length with twenty four Councellors , half Scots , half English , and a great many Lawyers so handled the Business , that after a great many cunning delays he secretly tampers with Bruce , ( who was then conceiv'd to have the better Right of the Business ) that if he would acknowledge to hold the Crown of him , he would adjudge it in favour of him . But he generously answering , That he valued a Crown at a less rate , than for the wearing of the same , to put his Country under a Foreign Yoke . Edward turns about , and makes the same motion to Baliol , who did not stick to accept of it . Baliol having thus gotten a Crown , as unhappily kept it ; for he was no sooner invested with it , and done Homage to King Edward , according to Agreement , but the Aberthenys having slain Mackduff , Earl of Fife , he not only pardon'd them the Fact , but gave them a piece of Land that was in Controversie between them : Whereupon Mucduff's Brother being enraged , makes a Complaint of him to King Edward , who sent for him , used him so , that he made him rise from his Seat at Parliament , and go to the Bar , and answer for himself . He hereupon was so enraged at this manner of Usage , that when King Edward sent to him for Assistance against the French , he absolutely refused it , and proceeded so far as to renounce his Homage to him : This incensed King Edward to the quick , and so with an armed Power he hastens to Berwick , where he routed the Scots , took and kill'd to the number of Seven Thousand of them ; among them , most of the Nobility of Fife and Lowthian , and some time after gave them also a great Overthrow at Dunbar , which occasion'd the immediate surrender of the Castle of the said place into his Hands . After this he marches to Montross , where Baliol was brought to resign up both himself and his Crown to King Edward , all the Scotch Nobility at the same time doing him Homage : The Consequence whereof was that , Baliol was sent Prisoner to London , and from thence , after a Years detention , into France . But while Edward was possess'd of all Scotland , one William Wallace arose ; who , tho' but a private Man , bestirred himself in the publick Calamity of his Country , and gave the English several notable Foyls ; This brought King Edward into Scotland again with an Army , and falling upon Wallace , routs him ( who was overcome with Emulation and Envy from his Countrymen , as well as power from the Enemy ) upon which he laid by his Command , and never acted after but by slight Incursions ; but the English Army after this being beaten at Roslin , Edward comes in again , and takes Sterling , and makes them all render him Homage . Robert Bruce , Son to the foresaid Bruce , that contested with Baliol for the Crown , was in King Edward's Court , and him the King had often promised to put in possession of the Crown ; But Bruce finding at last that all his promises were illusory , and nothing but smoak ; he enters into a Confederacy with John Cummin , sirnamed the Red , how he might get the Kingdom ; but being basely betray'd by him to King Edward , he had much ado to make his escape ; and when he was got into Scotland , the first thing he did was to stab Cummin at Drum●reis , and then got himself Crown'd King at Scone : Never did any Man come with greater disadvantage to the possession of a Crown , or underwent greater Hardships for the sake of it . He was beaten over and over by King Edward's Troops , forced to flee to the Highlands with one Companion or two , and to lurk in the Mountains in great misery , as if he had been rather a Beast of prey than a rational Creature . And while he was in this miserable State , it is storied of him by Fourdon , That being in a Morning , lying down on his Bed , in a little Cottage , whither he was glad to retire , and make the same his Pallace ; he espies a Spider striving to climb up into her Web , which she had spun to the roof of the House ; but failing of her purpose the first time , she attempts it the second and third time , and so on to the sixth and last , wherein she accomplishes it , and gets in ; the King , who ( as well as his Companion ) had all the while view'd the Action , said ; Now let 's get up , and hasten to the Lowlands , to try our Fortunes once more ; we have attempted it in five rencounters already , and fail'd , but in the sixth we shall prevail : and so having gather'd some Force together , he advanced towards Sterling , where he gave Edward the II. who was then King of England , such a Defeat , as Scotland never gave the like to our Nation , and so continued War with various Fortune with Edward the III. till at last Age and Leprosie brought him to his Grave . But some time before his Death he got the Crown settled upon his Son David , then a Child , and for want of his having Issue , upon Robert Stuart , his Sister's Son , and this by Act of Parliament , and the Nobles sware to it accordingly . His Son David , of between eight and nine Years old , inherited that which he had with so much Difficulty and Danger obtain'd , and wisdom kept . He was in his Minority govern'd by Thomas Randolf , Earl of Murrey , whose severity in punishing was no less dreaded than his Valour had been honoured ; but he soon after dying of Poyson , and Edward Baliol , the Son of John , coming with a Fleet , and being strengthned with the assistance of the English , and some Robbers ; the Governor , the Earl of Mar , was put to the Rout ▪ so that Baliol makes himself King , and David was glad to retire into France : Amidst these Parties ( Edward the III. backing of Baliol ) Scotland was pitifully torn , and the Bruces in a manner extinguished ; till Robert Stuart , afterward King of Scotland , with the Men of Argyle , and his own Friends and Family , began to renew the claim ; and brought the Matter into a War again , which was carry'd on by Andrew Murray , the Governor , and afterward by himself ; so that David , after nine Years Exile , adventured to return , where , making frequent Incursions , he did at length in the fourth year after his Return , march into England , and in the Bishoprick of Durham was routed , and fled to an obscure Bridge , shewed by the Inhabitants to this day , where he was taken Prisoner by John Copeland , and continued so for the space of eleven Years . Soon after his Releasment and Return home , he calls a Parliament , wherein he enacted several Laws for the punishment of such as had fled from him at the Battle of Durham , and more particularly levelling at Robert Stuart , as being one of them , who had been the Cause of that great Overthrow . He got that Act , passed in his Father's time , whereby the Crown was appointed , for want of Issue of his Body , lawfully begotten , to descend to the said Robert Stuart , to be repeal'd ; and John Southerland , Son to Jane , his youngest Sister , made Heir apparent in his stead ; and the Nobility swore to the observance of the said Law. This made the Earl of Southerland so confident of the matter , that he gave almost all his Lands away among his Friends and Acquaintance ; But alas , he was wretchedly mistaken , for his Son being afterwards one of those , sent as Hostages into England , for the security of the payment of King David's Ransom , he died there of the Plague ; and Robert Stuart attain'd the King's Favour again , and succeeded as Heir to the Crown , being the first of the Name of the Stuarts that ever sway'd a Scepter . But things did not go on so smoothly with Robert Stuart upon the Death of Southerland , his Competitor first , and of King David afterward ; but that he met with another Rub in his way from William , Earl of Dowglas ; who , when the Lords were assembled at Lithguo about the Succession , came thither with a great Power ; and urged , he ought to be preferr'd before Stuart , as being descended from the Baliols and Cummins . But finding at length that his own Friends , and particularly the Earls of March and Murray , his Brethren , with the Lord Erskein , who all three were in great power , as being Governors , one of Dunbritton , another of Sterling , and the third of Edinburg , opposed him ; he thought it most advisable to desist from his Claim : And so Robert Stuart was Crown'd at Scone on Lady-day , in the Year 1370. being the 47th . Year of his Age. But , that Dowglas might be a little soothed up under his present Disappointment , and kept from disturbing the common Tranquillity , the King bestows Euphemia , his eldest Daughter , in Marriage , upon him . Whether it were thro' an advanced Age , or Sloth , we find he did but little since his Accession to the Crown , but his Lieutenants and the English were perpetually in action during the course of his Reign , which was according to Buchanan nineteen Years , and four and twenty Days . And tho' it's true , we do not find his Death to have been violent , or any ways accelerated by Grief of Heart , but natural in an old age , having lived seventy-four Years ; yet surely he laid the Foundation for the many Parricides , Fratricides , and other dreadful Calamities that befel his Posterity in a very great measure , by preferring his Illegitimate Children by Elizabeth Moor , his Concubine , before those he had lawfully begotten on Euphemia Ross , his Wife : And the Case was briefly thus . At the time of his attaining the Crown , the foresaid Euphemia , Daughter to Hugh , Earl of Ross , was his lawful Wife , by whom he had two Sons , Walter , afterward created Earl of Atholl , and David , Earl of Strathern ; but before he was married he kept one Elizabeth Mure , ( for so the Scotch write the Name ) as his Concubine , and had by her three Sons , John , Earl of Carrick ; Robert , Earl of Ment●ith and Fife ; and Alexander , Earl of Buchan , with several Daughters : Now Queen Euphemia departed this Life three Years after her Husband became King , who forthwith marry'd Elizabeth Mure , his old Paramour , either to legitimate the Children he had by her ( which it seems was the manner in those days ) or else for old acquaintance ; her Husband Gifford ( for you must know he had got her matched to cover her shame ) dying , about the same time , as the Queen had done . This step drew on another , and there was no stoping now , but the Children formerly begotten on this Woman in Adultery must have the Crown entailed upon them by Parliament , in prejudice to the other two , who by any thing that appears in History , were finer Gentlemen and fitter , as they had a juster Claim to govern , then either of these . I know the Lord Viscount Tarbert in a late Pamphlet , has taken upon him to vindicate the Legitimacy of Moor's Children , against all the Authority of the Scotch Historians , who lived at or near those times , and ever since ; who could not be ignorant of so material a thing as this , and to this end he Cites several Records . It 's not my business to answer his allegations , but I am sure the Records would never have named John that afterwards succeeded , Tanquam haeres , if he had been true and undoubted Heir : And so I leave any one to judge , if the Records do not thereby make much more against his Legitimacy than it does for it ; But right or wrong the Sluts Will must be gratified , and so John succeeds his Father in the Scottish Kingdom , but not by the name of John , for that forsooth was ominous , for John King of France was a Prisoner in England , but by the name of Robert : It 's true there is no great matter in the thing it self , either one way or other ; for an Alias , or a double name cannot prejudice an honest and vertuous Man , and when Judge Catiline took exception at one in this respect ; saying , that no honest Man had a double name , and came in with an Alias ; the party asked him , what exception his Lordship could take to Jesus Christ , Alias , Jesus of Nazareth . The Father was scarce well cold in his Grave , or the Son warm in his Throne , but his Progeny begot by him in the heat of his Blood , began in their Stations to act their Tragical part . This King in his Fathers life-time had the misfortune to be kicked on the Leg by an Horse of Sir James Douglass of Dalkeith , and so lamed his Body , as he was lame in his Intellectuals , being a dull stupid Man and unfit to Govern ; insomuch that he had but the name of King , the whole Administration being lodged in his Brother Robert , Earl of Fife , who did what he pleased with him and his , as you 'll see by and by : Alexander the youngest brother and Earl of Buchan , a Man of a Fierce Nature , could not long contain it , but he begins to disturb the Government of his Brethren , upon a slight displeasure conceived against the Bishop of Murray ; and seeing he could find no opportunity to kill him , he revengfully sets fire to the Cathedral Church , which was the stateliest Pile of Building in all the North of Scotland . A Son he had , whose name was Duncane or Dunach , ten times more profligate , if it were possible than himself , and guilty of the basest and most degenerous actions . He upon the death of his Grand-father lets the Reins loose , and supposing now there was room for Rapine and Villany , Heads a strong band of Thiefs , and comes down to the Country of Angus , spoils and ravages the Country , as if he had been a professed Enemy ; and being elevated by some petty success they had against Walter Ogilby , and Walter Lichton who opposed them ; they proceeded to perpetrate greater Villanies than before , till at last being dispersed by the Earl of Crawford , many of them were persued and slain , and the rest taken and suffered condign Punishment . King Robert , had now Governed by his Governour , for the space of Light Years , when a Parliament was held at Perth ; wherein to manifest his Favour , he made his Eldest Son David , who was then Eighteen Years of Age , Duke of Rothsay , and his Brother the Governour , Duke of Albany ; Virgin Titles , that till this time had been unknown in Scotland , saith Buchanan , and which boded no good success to the Masters of them , but generally proved very ominous . About some three years after dyed Queen Annabella , and Walter Tralie Archbishop of St. Andrew's , the one while he lived keeping up the Ecclesiastical Discipline in the Church , and the other the Dignity of the Court , so that the death of two such useful and Illustrious Persons ushered in great Calamities in the Land ; and such a Tragedy as can sca●ce be met with in the Records of Time. The Queen in her life-time had had a particular eye over , and care of the Education of her Son David , Duke of Rothsay , and by a severe Discipline restrained his boisterous and untoward nature in a great measure ; But now the check was taken off , he gave himself over to all manner of licentiousness . His Fathers indulgence to him proved an incitative to his Lust , and lack of Authority despoiled him of that Reverence that should have been paid unto him ▪ and made his admonitions of none effect ; So that at last he grew to that height of outrageousness and impiety , that laying aside all manner of fear and shame , he made it his business to defile mens Wives , d●flower Virgins , Nuns and all other kind of Women ; and where he found opposition , he made use of Force and Violence . These Tragedies could not go long undiscovered , and therefore several complaints were prefered against him to his Father ; who at last perceiving it beyond his power to restrain those exorbitant Courses , and that such violations would unavoidably bring both Father and Son to utmost Contempt , and might have a very bad Consequence to attend them ; he Writes to his Brother the Governour , and now Duke of Albany , to take the young Man into his own governance and keeping , till such time and in expectation he should be reclaimed and brought to a better temper . This was that which the Governour for a long time had lacked , as thinking if he were once taken out of the way , his passage to the Crown might in time be made smooth and easie ( and therefore leaves no stone unturned to get him into his bloody Clutches ) at last he contrived the matter so , that he seized him upon the Road near St. Andrew's , and conveyed him to the Castle of the said place , which he had taken into his own hands upon the death of the Bishop a little before , under pretence of securing of it ; and in a short time after removed him thence , into his own Castle of Falkland , making him there a close Prisoner : And now resolved he was to be rid of him , and he could think of no method more expedient to effect his devilish design than by starving of him ; But that life which the barbarous cruelty of the Unkle had destined for a most miserable death , the compassion of two young Women prolonged for a time : One of them was daughter to the Governour of the Castle , and who had the charge of the young Duke , who as often as she had an opportunity to go into the Gardens adjacent to the Castle , did put into him some oaten Cake folded up in a Vail which she carelesly wore on her head to keep off the Sun , through a small chink rather than a Window : The other was a poor Nurse , who through a long Read fed him with the Milk from her own Breasts . When the young Man's Punishment as well as his Life had by this hard shift been for some days prolonged , which rather served for the increasing than allaying of his hunger ; the Women were at last discovered by the Spies they had every where about them , and were both villanously put to death , the Father shewing as much unhumane cruelty towards his daughter , as she had shewn mercy to his Royal Prisoner , bitterly cursing her perfidy ( as he called it ) as endeavouring thereby to shew himself faithful to a faithless Brother , Unkle and Governour . The young Man being thus deprived of all humane relief , was constrain'd through the violence of hunger , not only to eat all such filth as he could find within his Prison , but at last to set upon his own flesh , and to gnaw off his own Fingers , and so ended his wretched life , and died , as I may say a double Death : This barbarous act needs no Comment , it bespeaks Villany to the height in every part of it . Some time elapsed before this dreadful news of the Prince's death came to the Ears of the King , none adventuring to be the sad Messenger unto him , of that which almost all knew off ; but when he was advertised of it , and had also some secret intimations given him , his Brother had had a deep , if not the sole hand in it ( for none durst accuse so great a Man openly ) he grew very sad and melancholy thereupon ; and the rather , in that he had not power to take Vengeance upon him , for the perpetrating of so barbarous a deed , and for doing him so unretrievable an injury : However to make some semblance of Kingly Authority , he sends for the Duke his Brother to come to him , at leastwise to expostulate with him about the fact . The Duke who knew the purport of the message as well as himself , frames a fair and specious story to excuse himself , as tho he were as innocent of the fact as the Child Unborn ; And for a farther proof of it , urges his care to seek out the Perpetrators of that horrid deed , and that he had now at length made so far a progress in the matter ; that he did not doubt but if the King would be pleased to come to Edenburgh , he should be able to bring in all the Offenders . The King who was then at a place called Bute , where for the most part he ever resided , tho he was very unfit to travel upon many accounts , and especially by reason of a tedious fit of sickness he had laboured under ; yet so great and eager a desire he had to see his Son's death punished , that he made a hard shift to get in a Chariot into Edenburgh . When he was come thither , the Governour convenes the Council , and orders the parties accused to be brought before them the King himself being also present . The Accusers , as the Duke ( who was rather the guilty person , had before contrived it ) stoutly charge them with the fact . The King after he had imprecated Vengeance from Heaven , and the most dreadful Curses upon them and their Posterity , who had perpetrated so horrid an act , being over-prest with sorrow and infirfirmity of Body , returns to Bute , from whence he came . The Duke that he might colour the matter as much as might be , brings the supposed Criminals to their Tryals , and by corrupt Judges ( such as the Duke had provided for that purpose ) were Condemned as guilty of his Murder , whom in all their life time they had never seen . Tho this matter wa● managed on the part of the Governor with all the Fineness and Address imaginable , yet the King was not so satisfied in his Mind , but that he retain'd still a great suspition of the Duke's having an Hand in his Son●s Death . But forasmuch as he well knew that the Duke had all the Kingdom of Scotland under his Obeisance , partly by Policy , and partly by virtue of his Office of Governour , he durst not shew his resentment , nor attempt to call him to an account for it ; but was rather afraid on the other hand , lest having ambitious Desires to possess himself of the Crown , he would also make it his Business to procure the death of his second Son James , and by that means take off the only Rub in his way . The King , I say , being thus sollicitous in Mind about securing that to his Posterity which his unnatural Brother was intent to deprive them of , consults with Walter Wardlaw , Arch-bishop of St. Andrews about his Son's Security . After serious deliberation they at last conclude it was no ways safe for Prince James to remain in Scotland , and therefore he resolved to send him over into France to Charles the VI. an old Allie , and real Friend to the Scotish Nation , knowing he could no where be more safely and liberally educated than there : But considering the uncertain vicissitude of Humane things , and that no Precautions for his future Security might be wanting , the King delivers his Son a Letter , written to the King of England in his Behalf , if it should be his hard Fortune to fall into the Hands of the English . The King , in pursuance to the said Resolution orders all things to be got in a readiness , for his Passage , and appointed Henry Sinclear , Earl of Orkney , to take care for the safe Conveyance of him . They took Shipping at the Bass , and so shear'd their Course for the French Shoar ; but when they were got as far as Flamborough-Head , they were , as some say , taken by the English , who had heard of their sailing , and laid in wait , to intercept them : But others write , that the Prince finding himself extreamly Sea-sick , and not able to endure it , desired he might be put on Shoar there , and so was taken into Custody , and carry'd up to the English Court ; but however it happened , taken he was , in the ninth Year of his Age , Anno 1406. Henry IV. was then King of England , to whose Presence , when the Prince was come , he deliver'd him his Father's Letter ; which , because of the rarity of it , as being written in the Scotish Dialect of those times , we have thought fit to insert , and is as followeth . Robert , King of Scots , to Henry , King of England , Greeting . THY great Magnificence , Humility and Justice , are right patent to us by thy Governance of thy last Army in Scotland , howbeit , sike things had been uncertein to us afore ; for tho' thou seemed as Enemie with most awful Incursions in our Realme ; Ȝit we found mair Humanities and Plaisures than Damage ( by thy cumming ) to our Subdities , speciallie to yame that receivit thy noble Fader the Duke of Longcastle , the time of his Exile in Scotland , we may not c●is your fare , while we are on life , but I yl layf and loif thee us maist noble and woarthy Prince , to joys thy Realme ; for yocht Realmes and Nations contend among themself for Con●uests of Glory and Launds , Ȝit na accasioun is amang us to invade other Realmes or Lieges with Injuries , but erar to contend amang our self , ●uhay shall perseue other with maist humanitee and kindness . As to us we will meis all occasion of battell , quare any occurres at thy pleasure : Farther , bycause we have no lesse sollicitude in preserving our Children fra certein deidley Enemies , than had some time thy noble Fader , we are constreined 〈◊〉 seek Support at uncowth Princes Hand● Howbeit , the invasioun of Enemies is sa great , that small defense o●urres against yame , ●ithaut they be preserved by Amitie of nobill Men. For the World is sa full of perversit malice , that na crueltie nor offence may be devisit in erd , bot the samme may be wroucht be motion of gold or silver . Heirfore , because we knaw thy Hyness full of Monie , nobill Vertue● , with sike Puissance and Riches , that na Prince in our daies may be compared thairto , we desire thy Humanity and Support at this time . We traist it is not unknowen to thy Majesty , how our eldest Son David is slain miserablie in Prisoun by our Brother , the Duke of Albanie , quhome we chesit to be Governor ( quan we were fallen into decrepit age ) to our Subdittes and Realme , beseekaund thy hieness thairfore to be sa favarable , that this Bearer James , our second and allanerlie Son , may have to liefe under thy Fayth and Justice , to be some memory of owr Posterity , knuwaund the unstable Condition of mans life sa sodanlie altered : Now flurisaund an sodenlie falling to utter consumption . Forthir , beliefe well quhan Kings and Princes hes na other beild bot in thair owin folkes , thair Empireis , caduke and fragill , for the minds of common People are evir slowaund and mair inconstant than wind . Ȝit quhen Princes are robarat , be amited of othir uncowth Kings thair brathir and neighbowris , na adversitie may occure to eject thaim fra thair dignitie viall . Forthir , gif thy hieness thinke nocht expedient ( as Gad forbeid ) to obtemper to thir owr desires , ȝit we request any thing quhilk was ratisijt in owr last trewes and conditioun of Peace , that the supplicatioun made be ony of the two Kings of Ingland and Scotland sall staund in manner of saufe conduct to the Bearer . And thus we desire to be observat to this owr allanerlie Sonne , and the gracious God conserve , thee maist nobill Prince . When King Henry had read this Letter , he deliberated with his Council what was most expedient for him to do upon this occasion , at last considering there were divers English Rebels harbour'd in Scotland , he resolved to keep Prince James as his Prisoner ; but yet in such Honourable State , that he could not have met with such Treatment and Advantages of a Princely and Liberal Education in his own native Country . The immature and violent Death of Prince David , as has been already noted , had sunk King Robert's Spirits very low ; but when the dreadful News of Prince James , being made Prisoner in England , reached his Ears , which was as he sat at Supper , he had like to have died in the Arms of the Standers by ; his Heart was so overpower'd with Grief and Melancholy , as to admit of no manner of Consolation ; exclaiming against his hard Fortune , in marrying a Woman of so mean a degree , to the disparagment of his Blood , as was Queen Annabel , by whom he had these Sons , which , as he took it , was the only Cause why Forreign Princes , as well as his own Subjects , had him thus so much in Contempt . So being carried into his Chamber , what with wilful Abstinence and violent Sorrow , he died in three Days after , having reign'd about sixteen Years , Anno Dom. 1408. A Man he was of a mighty stature , but had not an Heart proportionable to his Bulk , as appears manifestly by the Circumstances of his Death ; which tho' not procur'd by violent Hands , yet was sufficiently tragical , and herein discover'd himself to be far from the Temper Senecca speaks of , Nihil tam acerbum est in quo non aquus animus sol●tium inveniat . The Death of King Robert introduced an Interregnum in Scotland for the space of near Eighteen Years , for so long a time was James detain'd a Prisoner in England , and there was no way left but to confirm the old Governor in his Station again , who held it for the space of fifteen Years longer , and at length died a natural Death : but 't is strange he should , that had been so unnatural to his own Nephew , by famishing him to Death , and done so many barbarous actions , for to clear himself , and to palliate his horrid Fact. He was succeeded in his Estate and Honours , by Mordo , his eldest Son , who was also chosen Governor of the Kingdom ; a Man , full of Repugnant Vices , and so unfit for the management of that high Office , he was entrusted with , that he was not capable to rule his own Family : He had three Sons , Walter , James , and Alexander , who abusing the Lenity and Foolish Indulgence of their Father , and playing many Outragious Tric●s , to the Offence and Prejudice of many ; and one of them at length being displeased with his Father , in that he would not give him a Falcon he had for a long time greatly desired ; he stept unto him , and audaciously plucking the Bird from off his Father's Fist , wrung his Neck from his Body before his Face ; whereupon , the Father being somewhat enraged with such presumptuous Doings of his Son , said ; Walter , for so was his Name , seeing it is come to that pass , that thou and thy Brothers will not be ruled by my soft and gentle Government , I shall ere long bring him home that shall chastise both you and me after another manner ; and from hence forwards he made it his whole Business to get King James redeem'd from the Hands of the English , and to set him on the Throne . To this purpose he call'd a Parliament at Perth , where it was unanimously agreed to send a solemn Embassie to the King of England , to demand the Restitution of their King , and to offer Terms for his Releasment . James had contracted some Friends in England during his Captivity , especially by the means of the Lady Jane , Daughter to the Earl of Somerset , whom he had taken to Wife , so that in a short time the Terms for his Liberty were agreed on , and so he sets forwards towards Scotland . Where he was no sooner arrived but he was encountred with diverse Complaints against several Persons , and especially Walter Stuart , the Son of the Governor aforesaid , who was sent to Prison in the Bass , and in the next Parliament , convened at Perth ; Duke Mordo himself with Alexander , another of his Sons were arrested , and committed to safe Custody ; the Duke to Carlaurock , and his Dutchess to a place call'd Tantalloun . Not long after James , Duke Mordo's third Son ( to hasten the fate of the Stuarts ) being moved with great Indignation , that his Father and Brethren were thus ( as he conceived ) unjustly imprison'd , came suddenly with a good Band of Men to the Town of Dunbritton , sack't and burn the Place , killing one Stuart more , to wit , John , sirnamed the Red , as Buchanan says , and the King's Uncle , with two and thirty Persons besides . But he was so straitned by the King's Arms , and pursued so close , that he was forced to flee into Ireland , and soon after died there an exile . The same Year the King call'd a Parliament at Sterling , whereing Mordo , with his two Sons , Walter and Alexander , and Duncan Stuart , Earl of Lenox ( four of them at one clap ) were convicted of High-Treason , and the two Sons the very same day were beheaded in the open place , before the Castle , and next Morning Duke Mordo and Lenox run the same Fate in the same place : It 's a constant Fame ( saith Buchanan , tho' I find it written no where ) that the King sent the Heads of the Father , Husband and Children , to Isabella , Wife to the said Mordo , his Cousin-Germane ; to try ( a barbarous Practise ) whether she who was known to be a fierce Woman , would ( as mostly it happens ) through excess of Grief , discover the Secresie of her Mind upon such an occasion : But she , notwithstanding all that grievous and unlook'd for Spectacle , did not inordinately break forth into any bitter Words , but only said with a calm Temper , If the faults were true which have been laid to their Charge , the King had done nothing but what is Right and Just unto them . As this King's Reign was usher'd in with the foresaid Troubles , it continued to be in a ferment upon other Accounts , and particularly for the great Pension raised for his Ransom , and for raising of other Moneys ; which tho' the Revenues were exhausted , was interpreted Covetousness in him . But in the thirteenth and last Year of his Reign a sharp Rencounter happening between Henry Percy and William Dowglas , Earl of Angus , at a place call'd Piperden , in the Kingdom of Scotland ; James thinking himself injured hereby by the English , as the Scotch Historians write , but Hall and Graston charge him home with Ungratitude herein , raises a great Army , and lays Siege to the Castle of Roxborough ; but when , as the Scotch write , he had almost brought his Work to Perfection , and that the besieged began to capitulate about surrendring of the place , the Queen in all haste came to the Camp ; and acquainted him there was a horrid Conspiracy framed against his Life , and conjured him to use all the Precautions imaginable to secure himself . The King was surprized with the Message , he forthwith raised the Siege , and returned home , to provide for his better safety , tho' all avail'd little . But that you may have a clearer Idea of the whole Matter , we must a little look back , and tell you again that Robert II. had three Sons by his Concubine , whom he afterward married , and so settled the Crown upon them , to the Exclusion of his two legitimate Sons by his Queen Euphemia Ross , who were Walter , Earl of Athol , and David , Earl of Strathern : Now these two , tho' they found themselves injured by such a Preference of an illegitimate Race before them ; Yet being inferiour , both in Years and Wealth , they dissembled their Resentment for the present : The Death also of the Earl of Strathern weakned their Hands , who left one only Daughter behind him , who was given in Marriage to Patrick Graham , a noble Youth , and a most potent and illustrious Family as any in that Age ; on whom he begat Melisse Graham , whose Parents did not long survive : And the Child not many Years after , being then a Stripling , was sent into England among those who were Hostages till the Money for the Kings Ransom were discharg'd and paid . But Atholl , tho' he were every ways inferior to the opposite Faction , yet ever made it his Business to take off his Kindred , and did not lay aside his Hopes of recovering the Crown ; and because he was not capable of doing any thing by open force , he craftily sowed Discord among them , and so plied the Matter , that , as has been already in some measure set forth , a very numerous Family were reduced to a few , for the most part , by his Council . For many were of Opinion , that it it was by his Contrivance that David , Duke of Rothsay , King Robert's Son , was cut off , neither had James escap'd his Snares , unless he had spent the greatest part of his Life in England , far from his reach : He would have encouraged the Earl of Fife to seise upon the Kingdom , taxing his Brother with Slothfulness , and fit to be taken off ; and when the King , having now no Children to succeed him ( for James was then a Prisoner in England ) and obnoxious to the Pleasure of his Brother , had suddenly died of Grief , there was only the Governor now and his Children , that impeded his Hopes . But when Robert , the Governor was dead , and his Son John kill'd at the Battle of Vernole in France , he re-assumed his former Thoughts with greater Vigour , and strain'd all his Wits to compass the same ; first , by getting of King James released , and then contriving Duke Mordo's and his Children's Death ; and since it was almost inconsistent that all these should subsist and be safe together , he foresaw that which soever fell of them ; he was one degree nearer to the Crown : Therefore when James was at last return'd to his Country , he set all his Engines on work to hasten Mordo's death , finds out fit tools to bear Testimony against him , and set himself as Judge upon him and his Children ; and when they also were cut off , there was only King James and a young Son of six Years old , that stood in the way ; and when he by a conjuration of the Nobility were once removed , the Earl did not doubt but himself who was the only surviving Person of the Royal Stem , should be advanced to the Throne . Atholl therefore , I say , being night and day agitated with such Considerations , did however keep all his Designs close and secret ; and thro' a counterfeit Zeal for the King's Welfare , made it his Business to cut off his Relations and Friends ; and more especially to advance his own Estate by the Misfortune and Crimes of other Men , and so to lessen his Adversaries . In the mean time , King James , to further his own Misfortune , deprived Melisse Graham , ( who we have said was one of the Hostages in England ) of the Earldom of Strathern , alledging it was bestowed on his Grandfather of the maternal side , and his Masculine Line ; and for want of such Issue , to revert to the Crown : The Misfortune of the young Man induced many to commiserate his Case , but made Robert his Guardian almost stark mad ; and so being more impatient of the Injury offer'd to his Kinsman , stuck not to accuse the King openly of unjustice ; and being cited to appear , to make his defence , but did not , a Sentence of Banishment pass'd against him : This did but enrage him more and more , and his whole Business seem'd to be to engage others , who had been injur'd in their own Persons or Friends , to entertain the same Sentiments of the King , in respect to his Avarice and Cruelty as he had done ; but it had been well if he had rested here . You have heard before , how the King was advertised of a Conspiracy against him at Roxborough , and how the King , to obviate the same , retired home , and took up his Lodgings in the Convent of the Dominicans at Perth , and what Designs Walter , Earl of Atholl , had been hatching from time to time . Now this Walter , the King's Uncle , tho' he were Principall Author and Contriver of the Conspiracy , yet he did his utmost endeavour to put off all manner of Suspition of it from himself ; therefore he privily sends for , and discourses with Robert Graham , afore-mentioned ; who , as being an active , bold , rash Man , and an hater of the King , upon account of his own Imprisonment and ●anishment , and the Injury done to his Nephew , by divesting of him of the Earldom of Strathern , he thought to be a Person most fit for his purpose ; and with him he engaged his own Grandson Robert Stuart , a stout hardy Youth , who readily engaged in the Work. He instructs them what they were to do , assured them of his favour , when the Fact was perpetrated , not doubting but himself should be advanced to the Throne . Having thus agreed and resolved upon their hellish Design , they advance secretly with their Accomplices , whom they had drawn into the Conspiracy towards the Friers aforesaid , where the King then resided , and encourag'd the King's Porter , whom before they had brought over to their Party , to give them un-interrupted admittance ; which he does , and they advanced into the Gallery , adjacent to the King's Bed-Chamber , where he shews them the Door might be easily forced open , he himself having taken away the Bolt : Others think it was Robert Stuart aforesaid , Atholl's Grandson , that let them into the Court ; however it was , while they in the mean time tarried in the Gallery , seeming to deliberate about the breaking the Door open , an Accident made their Passage the more easie ; for Walter ●trat●on coming out of the Chamber , as having brought in some Wine for the King a little before ; and seeing of armed Men in the Gallery , he endeavours to whip in again , crying , out Treason , Treason : But before he could get within the Door , to make it fast , they rushed upon him , and slew him outright : While this was done , not without great bustle and noise , a noble Maiden , named Katherine Dowglas , marry'd afterward to Alexander Lovell , of Bolunny , got to the Door , and not finding the Bolt that had before been taken away ( as you have heard ) she thrusts her Arm into the place where the Bar should have been ; but her Arm was soon crusht and broke , and the Ruffians forced their way into the Chamber . Such of the Servants as were there , and made Resistance , they dispatch forthwith , and then advanced towards the King , and fell upon him : The Queen did all she could to defend him , and receiv'd two Wounds , and thereby was forced to give over the Conflict ; and so at last , the King having received to the number of eight and twenty Wounds , and some of them to the Heart , was slain by them . Thus fell James the I. King of Scotland , by violent and bloody Hands , and seem'd to entail a violent Death upon all of his Name that succeeded him ; but because the Execution of some of the Conspirators was the most terrible that can be met with in History , we shall shall give you a short Account of it , and the rather , because of the Persons concern'd therein . The Nobles of the Kingdom hearing this unexpected News , assembled from all parts of the Nation to Edinburg , and made such diligent Search after the Conspirators , that they were soon apprehended , Tried and Condemn'd . Walter Stuart , Earl of Atholl , was charged , as being principal Actor in this Tragedy , his crime exaggerated to the height , and was executed in this tremendous manner . On the first day , being stripped of all his cloaths , save only his shirt only , he was bound fast in a Cart to an Instrument of wood made like to a swipe , with Ropes and Pullies to the same , by which means they sometimes raised him up on high into the Air that the people might see him , and by slackning of the Rope all of a sudden , let him down with a swang dis-jointing all his body thereby ; then they brought him to an open place , where all might be Spectators and Crowned him with a red hot Crown of Iron , with this Elogium that he might be Stiled the Ring of all Traytors . The reason of this part of the punishment was said to be this ; for that a Witch had told him that he should be Crowned with great Pomp and Magnificence in the presence of the people , and that the prediction was in this manner either fullfilled or eluded . On the second day he was drawn on a hurdle through the high Street of Edenburg at an Horses tail ; he was on the third day extended upon a board at the Market-Cross , his Belly ripped up and his Bowels taken out , thrown into the fire and burnt before his face ; then was his heart plucked out and burnt likewise , and last of all his head was chopp'd off and fixed upon a long Pole and set upon the highest place of the City , his body divided into four Quarters and sent to the four principal Cities of the Kingdom . The Execution of Robert Stuart was not altogether so severe as that of his Grandfather , some respect being had to his youth : But as for Robert Graham , who ( as did appear ) was the Person that slew the King with his own hands , he was put into a Cart and that hand that did the deed , fastned to a pair of Gallows that was set up in the said Cart ; then were three persons appointed to thrust him through all parts of his body with hot Irons , beginning first with those places where it was thought no hasty Death would ensue , as with his Legs , Arms , Thighs and Shoulders , and thus was he carried through all the Streets of the City and tormented in a most horrible manner , and at last his Belly ript open , Bowelled and Quartered as Atholl was before , and thus was the cruel Death of King James revenged in the most cruel manner that was ever heard off , beyond all the Bounds of Humanity . You have seen the dreadful effects of the Interr●gnum , now the Kingdom falls under a worse Administration , even under one of the woes of God Almighty himself , for this King was succeeded by his Son James , the second of that Name , a Minor of about six years old ; And as the King was not yet able to Govern himself , another must be chosen , to Govern both him and the Kingdom ; and this fell to Sir Alexander Levinston and Sir William Creichton the Chancellor ; the former had the denomination of the Governour , and the other had the Kings keeping . Never was poor Prince more harrased till he came to Maturity , which they say in Princes is at fourteen , through the Jealousy and Ambition of these two men fomented also by others , who were willing to fish in troubled waters . The Chancellour kept the King in Edenburg Castle ; the Queen Jane sides with the Governor and resided at Sterling ; Archembald Earl of Dowglass a powerful Sub●ect , kept within his own Territories , and would obey none of them all ; by which discords many evils ensued : The Queen being intent upon advancing the Governor's side , and thereby gratify her own Ambition , repairs one day with a small retinue to the City of Edenburg ; and with a Womanish Dissimulation , won the Chancellor to give her Admittance into the Castle to see the King , and to abide with him ; whose Company she so extreamly longed for . But when she had been there three Days , she feigns a Pilgrimage one morning to the White Ki●k ; but first wheedles with the King to make his escape , which she easily brought him to , packed him up dexterously in a Trunk , as if he had been a bundle of Cloaths , and sent him away by one of her trusty Servants , laid upon a Sumpter Horse into Lieth , from whence he was conveyed by water to Sterling , and Joyfully received by the Governor who highly extolled the Queens Conduct in deceiving so wise a Man as the Chancellor , and without delay raises Forces and Besieges him in Edenburg Castle . He perceiving the danger , had no other way left but to send to the Earl of Dowglass for his Assistance . Dowglass disdains them both and would not be concerned : The Chancellor seeing this , agrees with the Governor , and he was still to keep the Castle and his Chancellorship . Not long after died Dowglass and was succeeded by his Son William , who kept a greater port and retinue than his Father . But things could not hold long in this State , for the Chancellor disdaining that the Governor should take the whole Administration upon him , leaves him and the King at Sterling , ( where he then was ) and repairs to Edenburg , and there imploys all his Wits how he might recover the King from the Governor ; and after he had well thought of it , he rides one morning with four and twenty Men in his Company to the Park of Sterling , where he knew the King was a Hunting , and that the Governor was absent at Perth . He found the King with a very small retinue and saluted him very dutifully , and finding him in some surprize at the Company , he exhorted him in a few words as the time would permit , to be of good cheer and fear nothing , that they were come to deliver him from his Captivity ; that he might be no longer under the Government of another , but take the Administration into his own hands and much to the same purpose . All which the King received with a pleasant aspect ; either because the motion pleased him as desirous to Rule , or to dissemble the fear he had of the Chancellor , and so went with him to Edenburg . The Governor upon his return , was horribly surprized at the News , but being now unable to remedy the matter , by the means of friends , he and the Chancellor came to an Accommodation again ; and the result was , that the Governor should still continue in his Office , and the King remain in the keeping of the Chancellor , as at first : So that the freedom before tendred to him , and with which he seem'd to be well pleas'd , was now but a meer illusion , being as much a Captive as ever . And if the King was no better for this Agreement ; It proved fatal to the Earl of Dowglass : Both Governor and Chancellor dreading his power , now conbine together to ruine him , and to that End , a Parliament must be called , where several Complaints were made against Dowglass and his followers . But they two perswade the Parliament to send for the Earl in a friendly manner , and not as a delinquent , to take his place in that Assembly ; And by the Governors contrivance , Honourable Letters were directed to him , in the Name of them all , full of soothing expressions , intimating his own Person was so far from being in any danger , by such his attendance in Parliament , that if any of his Friends or Family had chanced to be guilty of any disorders , all should be frankly remitted : This bait took the young Gentleman , and so with his Brother David and an handsom retinue , sets forward for Edenburg ; the Chancellor the better to cloak the Treachery , rode out many miles from Edenburg to meet him ; Caressed and Entertained him splendidly on the way at the Castle of Creichton , and to blind him the more , there in the most friendly and tender manner in the World , began to advise the Earl in what concerned his Duty towards his Prince and the Honour and Glory of his Family ; and this showed him on to Edenburg , tho' things could not be carried on so coverlly between the Governor and Chancellor in the management of this intrigue , but that some of the Earls Friends began to smell a Rat and advised him not to go to Edenburg . But finding him quite averse to Counsel and void of all suspicion , they urged him to send his Brother David back , to the End he might not hazard the whole Family under the fortune of one stroke , as his Father had before admonished him upon his Death-Bed . But all in vain , and so to Edenburg Castle they came , where the Governor meets him and Carressed him highly , and because he should now think his Entertainment every ways suitable to the semblance made of it all along , he was set to Dine at the King's Table ; but latet Angus in herba , the Earl before he h●d well half Din'd , was strangely surprized with the sight of a Bulls Head set before him , which in those Days was a certain sign of Death ; whereat being about to rise from the Table , he and his Brother David were immediately seized by Armed men set there for that purpose ; carried into the Court yard and there forthwith beheaded . It was said the King , in whose presence this was done , and who now was entring into years of Maturity and Discretion ; lamented his Death bitterly , for which the Chancellor severely rebuked him ; but however it was in this case , it 's most certain he afterwards most barbarously murdered one of this Earls Successors , with his own hands , as you 'l see by and by . This Earl of Dowglass was Succeeded in his Estate and Honours by his Unkle James Dowglass Baron of Abercorn ; who is Succeeded by his Son William ; who to prevent the division of the Inheritance , Married the only Sister of the last William Beheaded , who was Stiled the fair Maid of Gallaway . This Earl flourishing in Estate and Honours , and finding the King take the Administration of the Government upon himself , came to Sterling , and in a short time grew into high Favour with him ; insomuch , that through his perswasion , the Chancellor and Governor were not only discharged from their Offices , but put out of the Council , and their Friends banished the Court , and themselves Summoned to appear before the King , and upon default proclaimed Rebels ; so that now the Tables are quite turn'd . Dowglass Rules all , and the King suffers minority under him in his Just Age , as he really did under the others during his nonage ; himself and his Kindred and Friends possessing all places of profit and Preferment in the Kingdom . But the Earl , having I know not what crochet in his brain , must needs go into Italy , and a Noble retinue he had with him ; but leaves his Estate , during his absence to be managed by his Brother the Earl of Ormond . His back was no sooner turned , but his Enemies set all their Engines on work to put him out of the Kings Favour and good Esteem , and prevailed so far upon him as to put out an unreasonable Summons , requiring the Earl to appear within forty Days , or else he should be put to the Horn , and so his Lands were seized on to the Kings hands . The Earl being advertised hereof , returns with all speed , and was again received into Favour : But happening to go into England without leave ; this incensed the King highly against him , yet upon submission was again reconciled . But there was nothing could reconcile him and the Chancellor Creichton , envy brought them to make attempts upon each other's life , and at last the Earl was so put to it , that he was forced to flee out of Edenburg to save his own life ; whereupon he enters into a Confederacy with his Friends for his own security , which together with some Depredations made in the Lord Ferres Lands , by some of the Earls Tenants without redress from him , upon Complaint made thereof , enraged the King to an high degree against him : But sore disorders still increasing through the Earls not punishing of the offenders ; at last Ferres makes an inroad by way of reprisal into his Lands , was taken , and by the Earls command was put to Death ; tho' the King by an Herault commanded the contrary ; so that upon serious Deliberation , the King finding his power unsufficient for curbing him , had no other way left , than to send to him in a most Courteous manner to come to him , who was then in Sterling Castle . The Earl , apprehensive of some design upon his Person , refused without he had an assurance of safe Conduct under the Kings great Seal ; which being Granted , he came , and was received with a great semblance of good Will by the King , who to●k him into a Room by themselves ; and there , after some other Admonitions , expostulated with him about the Confeder●cy he had entred into , with the Earl of Crawford and others , and would have urged him to forsake the same ; Alledging , it was no ways Honourable for him , but hurtfull , and tho' he took it very ill at his hands , yet he allowed him the Liberty to dis●null it , tho' himself had full power to command it ; Dowglass was very obsequious in all things 'till this business of the League came in Question ; whereunto he did not Answer distinctly , but would have put it off 'till he had discoursed with his Confederates thereupon , neither could he well see at present what could be in that League which could be offensive to the King , that he should insist so much upon his breaking of it ; whereupon the King , who it's likely had already determined to commit the perjur'd Fact , tho' his flattering Courtiers would have his displeasure only to arise from the Earls present stubborness ; said , if you will not , I will break it ; and without any more ado , struck him with his Dagger in his breast , those that stood at the Door , hearing the bustle , rushed in and dispatched him by many wounds . His Brethren and Kindred being at first surprized and then exasperated at the horridness of the Fact , and the faithless proceedings of the King towards the Earl , flew to their Arms , and made no less than a Civil War of it , which was waged between the King and them with various Fortunes ; at last the King prevailed , which brought great Destruction and Calamity upon that Noble Family of the Dowglasses : And then it was that King James began to Reign , as the Historian says , their greatness having been hitherto a Check upon him . But his Civil broils were scarce ended when he was brought to engage in the fatal controversy which happened in England , between the Houses of York and Lancaster . He at first sided with King Henry VI against Richard , Duke of York ; but afterward faced about , Upon the Duke's promise that Cumberland and other Lands should be restored unto him , that had been in the possession of his Ancestors if the Duke prevailed , and so assisted the Yorkians ; having therefore raised an Army , as he was entering into England , he was for a time diverted cunningly by an English Gentleman , who took upon him to be the Pope's Nuncio ; His Speech , Habit and Retinue were perfectly Italian , and to make the matter more plausible with the Cloak of Religion , he had a Monk along with him and so with the Popes Counterfeit Letters they approached to the King , and charged him to proceed on no farther , and threatned him , if he did , to curse him . For that the Pope to the end the War might be carried on against the Common Enemy of Christianity with greater vigor , having now Composed all differences in Europe , was set upon Accommodating this matter in Britain ; That they indeed were sent before , to preadmonish him , but that another Legate would quickly follow , with an Ample power to Compose the Civils Discords in England , and to procure satisfaction for the injuries sustained by the Scots . This bait took him , and so he Disbanded his Army ; But alas nothing could divert this Prince's now impending Fate , for being soon after advertised of the trick put upon him by the foresaid Counterfeit Nuncio , he re-assembles his Army , and because he could not directly Joyn with York's Forces , He marches to the Siege of Roxborough , and having quickly master'd the Town , lays close Seige to the Castle , which made a brave defence . The Duke and his Companions having in the mean time prevailed , sent to give King James thanks for his Assistance , desire him , now things were amicably terminated , to return home , least the English being incensed , they should be forced to march against the Scotch Army . The King having received the Message , asked those that brought it , whether the Duke of York and his Friends said any thing in relation to the promises they had made , when he came into their Assistance , but finding no satisfaction in that point , he proceeds with great Fury to assault the Castle , and Batters the Walls with Cannon , which began then to be much used , as they were much dreaded ; and being very forward and intent upon his work , one of his Guns being over-charged , burst , and a slice thereof struck the King dead to the ground , and hurt no other besides himself ; a strang fatality that brought him to his end , when he had lived twenty nine Years , and of them Reigned twenty four . Anno. 146● . He left three Sons behind him , James that Succeeded him , Alexander Duke of Albany , and John Earl of Mar , who were a plague to one another , while alive , and not one of them died a natural death , as we shall shew in its proper place . James III. ( a Minor of seven Years old , as his Father before him ) came to the Crown , and at first fell under the Care and Regency of his Mother , as did the whole Kingdom ; a Woman after the decease of her Husband , James II. that lead a Scandalous life , keeping one Adam Hepborn , who was himself a Married Man for her Gallant , but death put an end to her Lewdness and Government together , about three Years after : Then he came into the hands of the Boyds , who Ruled the roast for a long time , but at last made a fatal Catastrophe ; he took to Wife Margaret Daughter to the King of Denmark and Norway , Anno. 1469. And about this time began to Exercise the Royal power himself : He involved himself at first with the Affairs of the Church , and not long , after , became miserably enslaved with the predictions of Astrologers and Witches , to which he was strangely addicted and which brought not only destruction upon his kindred , but also at last upon himself , which we shall now prosecute as they fell out , in order . He was on a time , it seems , informed by some Sycophant or other , that his kindred laid in wait for his life , and that he was in great danger ; which agreeing with the sayings of the Witches which he had Consulted , and who had told him , that the Lyon should be devoured by his Whelps , it made very deep impressions upon his suspicions mind , and so from a Prince at first very hopefull , and of great expe●●ation , degenerated to a Monstrous Tyrant . So that now these suspicions having once possession of his mind from henceforth he looked upon his neer Relations and almost all the best of the Nobility as his Enemies : The Nobility on the other hand finding none preferred by the K. but Men of base degree , were not a little disatisfied , and began to alienate their Affections from him , wherefore they met together upon this occasion to concert measures how they might purge the Court of those abject Fellows , and reduce it to its former State of Grandeur . The principal of this Assembly were the Kings two Brothers , Alexander and John ; the latter whereof having discoursed of the Irregularities and the present State of that Kingdom somewhat frankly and liberally , and with less Caution than the rest , he was suddenly taken by night in his own House , by the Court Faction , and conveyed to a place called Cr●gmiller , and there Imprisoned by the King's order , and not long after , by the same Courtly Crew was adjudged to Die , and Executed accordingly in the Cannon Gate , by cutting his Veins and letting him bleed to Death . And as they had thus barbarously murdered his Person they proceeded also to murder the Earls fame , for they gave out that his Crime was , that he had had Secret Consultation with Witches , about destroying the King , and to put as good a Colour as they could upon this unnatural Act , tho' it were by heaping up iniquity upon iniquity , they brought several other Witches and Sorcerers to their Tryal for the said Fact , and burnt them at Edenburg for the same . So that here is one of the three Brothers dispatch'd , you 'll here of the rest by and by . Alexander the other Brother , and Duke of Albany , tho he had neither acted nor said any thing that might Justly disgust either the King or Courtiers that were about him , yet as he was next of Kin so it seems he was next in danger ; for these Blood-suckers mistrusting with themselves that they could ne'er be safe as long as he was alive , got him suddenly seized and sent Prisoner to Edenburg Castle . He was kept close there by such as did believe his power might be Fatal to them , and finding there was no way by his Friends for to pacify the Kings displeasure , he had nothing to do now but to consider how he might make his escape , he had none to communicate his design to , or to further him in it , but one only Servant of his own that was left to be with him in his Chamber ; him he sent to get a Ship ready to attend him at the next Part , at the time appointed which he does effectually : In the mean time his persecutors to Plague him the more with their delusions , sent several Messengers from the Court , who feigned in the presence of his Keepers ( for he was not allowed to talk with any privately ) that the King's Anger began to be pacified , and that he might shortly hope for his Liberty ; but when the day appointed for his escape was come ; he puts as good a meen as possible he could upon the matter , and begins to feign a belief in what the Messengers said in Favour of him , and Questioned not but to have a speedy and honourable deliverance : And to further the Design , treats his Keepers with a splendid Supper , and Drinks with them till it was late at night ; but when they were gone and fast asleep , he falls to work , and makes a Rope of the Sheets of his Bed , long enough as he thought to reach the ground ; and first for to make a Tryal therof , le ts down his Man by it , by whole fall he finds it was shorter then it should have been . Having therefore lengthened the Rope as much as the present Circumstance would admit , he follows his Man , who in his descent had broke his Leg , takes him up upon his back and carries him about a mile , to the Sea-side , and having got a Favourable Wind , set sail for Dumbarton , and from thence , having first well secured the Castle , he sailed into France . The Duke was honourably received in France and Married the Earl of Bologn's Daughter ; but upon the Death of his Wife , who lived not long with him , finding Affections cool towards him , he goes over into England , and was entertained by Edward IIII. then King of England ; who assisted him with an Army to invade Scotland , under the Command of his Brother , Richard Duke of Gloucester . King James makes all the Force he could to oppose them , but being Governed by his former Councells , the Nobility took it in high disdain , and therefore they met together in the Church of Lowder , where the King and his Army then were , to deliberate what they should do in such a conjuncture . Where Archibald Dowglass , Earl of Angus , takes upon him to set forth the occasion of their meeting , which he did in a very pathetick Speech , and shew'd at large all the enormities of the King's Reign down to the present time ; the danger they then stood in from a Foreign Army , and therefore exhorts them first to shake of the Domestick Yoke of servitude they were under , before they Engaged with the Enemy , &c. this Oration wrought so effectually upon their minds , that they were immediately ready to run in headlong into the Pallace without any Consideration of what they were to do ; But the principal Men amongst them appeasing the tumult , advised that a sufficient number should only enter in without any shew of Commotion , and take out the Criminals , lead them to Judgment , and Punish them according to Law. In the mean time , while these things were in Agitation , comes a Rumour into the Court , that the Nobles held a Consultation together before day in the Church , the subject whereof was uncertain , but that it must be strange that such Men should Assemble together without the King and his Councellors Knowledge : The King hereupon being hastily awaken out of his sleep , enquires of those about him , what he had best to do ; in the mean time he sends Cockram before to observe what was done , and to give him an Account of all with speed ; he with a few followers goes towards the Church , and meets the cheif of the Nobility advancing towards the Court , whom they no sooner espied , but Dowglass laid hands on him ▪ and catching hold of a large Gold Chain he had about his neck , squeezed him first a little and then sends him to Prison , himself with the rest going directly to the King's Bed-Chamber : Where , when they came , they filled all with Astonishment , so as that there seemed to be a little pause upon the matter for the present , but it was not long e're they seized upon the Kings Evil Councellors that were about him , and sent them all away save only John Ramsey , a very young man that clung to the King , and who intreated for him that he might be spared . The rest were lead to Judgment , and with the loud cries of the Army calling for Justice upon those miscreants , were hanged out of the way ; and such forwardness was shewed to have them dispatched speedily , that when they wanted Ropes upon such a sudden occasion every one was ready to offer his Horses Halter or the Reins of his Bridle for that purpose . These Wretches were charged with many private injuries , and among the more publick ones was , their advising the King to Coin base Copper Money , which the Common people by way of reproach , called Black-Money , and that this was the principal cause of the scarcity that was in the Land , the want of Trade , and many other Calamities too long to be incerted . To the Kings charge was laid the unjust death of the Earl of Mar , his Brother , his advancing of Cockram a Mason to the said Earldom , his practising of Magick and resolvedness to destroy his Relations . This done , they returned to Edenburg and appointed the King himself to be kept in the Castle of the said City , by the E. of Atholl , and in the mean time they send to the English Army for a Cessation of Arms for three Months . The Duke of Albany was honourably received into his Country again and had the Castle of Dunbar with the Earldoms of March and Mar conferred upon him and was withal Proclaimed the Kings Lieutenant General . While things were in this state , the English take the Castle of Berwick , the Town having been surrendred to them before ; The Duke of Albany making a faint of relieving the same , but did nothing . At length the Duke accompanied with the Chancellor , Archbishop of St. Andrews and others , went to Sterling to pay the Queen and Prince a visit ; they had not been there long when the Queen entering into a secret Conference with the Duke ( unknown to the rest ) about the King's Confinement ; and urging how noble and generous , as well as advantagious an act it would be in him to imploy his power for his releasement , he consents to the undertaking ; and so returning to Edenburg , besieged the Castle and took it , remov'd the Earl of Athol , and so sets the King and all his Servants at liberty ; for which extraordinary favour , the King shewed him great tokens of his affections , but they were not long-lived ; for the remembrance of old offences are of greater force in a degenerous and impotent mind than fresh kindnesses . And to foment his jealousies , he had always those at his Elbow , who never ceased to upbraid the Duke to him , of affecting too much popularity , and to construe the same as an infallible sign of his intentions to snatch at the Crown when ever a fit opportunity presented . The Duke , who was not ignorant of those jealousies , entertained of him , and at last finding there was a design formed against him , of no less than taking away his Life , and that ( as appeared ) by poyson , withdraws privily into Dunbar Castle : And the King , as conscious of his evil doings , fearing the displeasure of his Nobles , hereupon withdraws also into the Castle of Edenburg ; where the Earls of Angus , Buchan and others forsook him , and assisted the Duke ; But the King being haunted still by his Evil Spirits ( I mean ) those vile fellows , whom he had again placed about his Person , he summoned the Duke and his adherents , to appear and answer for such treasonable Crimes as he had to lay to their Charge ; and withall prepared an Army to Besiege Dunbar , which the Duke having notice off , he flies into England : And afterwards being accompanied with the Earl of Dowglass and others was engaged to invade the Marches of his own Country , but meeting with ill success , and being checked by the King of England for his ill Conduct , he grew sullen thereupon , and withdrew secretly into France ; where not long after , according to the usual fate of his Family , running at Tilts with Lewis Duke of Orleans , he was wounded with the splinter of a Spear , and thereof Dyed . So that here is two of them gone , the fate of the third is now approaching , with winged hast ; For the King having once got a Peace with the English , and the Castle of Dunbar into his hands , which seemed for some time to put a check upon his exorbitance , he returns to his old haunts , gives himself over not only to be guided by Favourites and mean Persons as before , who were his Leeches to drain his Subjects , to satiate his covetous desires , but to unlawful pleasure with loose Women : Among the men Favourites John Ramsey saved ( as you have heard before ) by the Kings importunity from an Halter , was chief : This Man having been advanced to the dignity of Lord Stuard K of the ing's Houshold , and endowed with many large demesns , became so elated in mind , that not being content with that large fortune , nothing would serve , but he must have an order that none besides himself and his Companions should go armed in those places where the King resided , designing by this devise to fortifie himself and his Faction against the Nobility of the Kingdom , whom he found to go frequently armed themselves , and accompanied with such as were well provided for their defence : But this Edict procured him more hatred , than it wrought fear in his Enemies . In the mean time the King minded nothing as much as to gratifie his mind with the blood of those , who were thought to be the Authors of Rebellion : And seeing he could not bring about his purposes , he endeavours to surprise them by cunning , for feigning to be reconciled to one of them after another , he entertained them with that gentleness , and in so soothing a manner as came below the Dignity of a Prince to do . Others of them who excelled in Riches and Power , he accumulated with Rewards and Honours , making David Lindsey Earl Crawford , Duke of Montross ; and George Earl of Angus he would have frequently in his Company , carrying it so , by communicating his secret Counsels unto him , as if he were throuhgly reconciled . But his Rewards and Blandishments had but little effect upon any of them , in respect to any opinion his Sincerity ; for they who knew his disposition doubted not but all that semblance of Goodness and Favour tended to no other end than either to surprise them , one after another , or to set them at variance one against another , which when he had got the chief of Nobility to Edenburg did more clearly appear ; for having sent for Dowglass to him into the Castle , he shewed him what a brave opportunity he now had to be revenged on them , for if he did but secure the Heads of the Factions and punish them , the rest would be quiet : That if he lett his opportunity that presented it self , slip , he could never afterward hope for such another . Dowglass , who well knew that the Kings mind was as implacable towards him as the rest of them , cunningly discusses that rash and evil Counsel ; arguing with him , what a base and flagitious offence all the world would look upon it to be , if he should without due Process of Law , suddenly hale to execution so many Illustrious Persons , to whom he was reconciled , as having given his Royal Word for pardoning of what was past , and that not long since , and now secur'd with the Publick Faith ; for the fierce and enraged minds of Enemies , would not be broken with the ruine of a few , and coming once to despair of Pardon , they would turn their wrath into fury , and the consequence of that would be , that they would grow more stobborn and obstinate , and less value the King's Authority , and their own lives ; and if your Highness will take my Counsel , continued the Earl , I●ll put you in a way , whereby to salve the King's Honour and Dignity , and that revenge may at the same time be prosecuted : For I having gathered my Friends and Tenants together , will openly and in the day time lay hold of them ; and then you may try them where you will , and punish them as you please ; and this will be not only more Honourable , but also more safe for the King , than if they should be killed at unawares in the Night , as it were by Thiefs . The King believing the Earl spoke what he thought ( for he knew well enough , that he was able to perform what he promised ) he gave him many thanks for his advise , and dismissed him laden with large Promises of Reward . The Earl having warned the Peers to take care of their safety , and to withdraw from the imminent danger that hung over their Heads , does himself also retire to a place of safety . The King from hence forwards finding his secret Counsels laid open , and not daring to trust any body , betook himself to the Castle of Edenburg ; and from thence being conveyed by Sea to the Countries beyond the Forth , which still were obedient to him , did in a short time levy a good Army . And now the Nobility , who before designed nothing , but that the King should amend in his male administration , finding all accommodation with him desperate , and his evil disposition incurable , bend all their Counsels to remove him . A bad Steward ( its most certain ) he had been , and now they are resolved to call him to a severe account for the same . The great difficulty that stood in their way , and , which they were deliberating to remove , was , whom they should appoint to be their Captain , who when the King were brought to a compliance , might be constituted Vicegerent of the Kingdom : It was adjudged highly necessary it should be a person , that was pleasing to the Commonallity , of an Illustrious Name , That the Faction might not be opprest and weakned out of an envy to his Greatness ; and at last after they had thought of one and another , they pitched unanimously upon the King 's own Son , the Prince of Scotland , who being taken from his Keepers and Governours of his tender years , was urged to a speedy compliance , for if otherwise , they were resolved to transfer the Kingdom into the hands of the King of England , who would take care to root out him and his Family for the better security of it . Now the King had past over the Forth , and pitched his Tents at a place called Blackness , and the Sons Army , ready prepared to give Battle were not a far off : But by the mediation of the Earl of Athol the King's Uncle , things were at present brought to an accommodation , and Athol himself was delivered as an Hostage , to Adam Hepborn Earl of Bothwell , in whose custody he remained till the K. death , which now was not far off . But the agreement as being between such as had an incurable jealousie of one another , did not last long : In the mean time Couriers and Mediators past continually from one to another , at last the Lords gave determinate answer ; That seeing the King acted nothing sincerely with an intention to perform , they adjudged it better to be engaged in a certain War than a delusive and treacherous Peace ; That the only hopes of agreement was if the King would Abdicate the Throne , and have his Son advanced in his room ; if not , it would be to no purpose for them to try and frustrate one another with Conferences : The King not to be wanting to himself in this desperate Fortune , orders his Embassadors in England and France , to communicate this answer to those Kings , whom he earnestly sollicites to make use of their Authority , or if need were , their Forces too in his behalf , for the repressing of the insolence of a few Rebels , and reduce them to Reason and their Duty , and to esteem his Fortune common with their to own , and such as might by the Contagion thereof easily creep to other Nations : He sent also to Eugenius IIII. Pope of Rome , to intreat him out of his Paternal care and love to the Scotish Name and Nation , to send a Legate into Scotland to enforce the Rebells , according to the Authority of his Holiness's Power and Jurisdiction , to lay down their Arms and obey their King. The Pope having one Adrian Castlean for his Legate in England , a Man of great Learning and Prudence , he Writes to him to use his endeavour to compose the Scotch Affairs , and bring them to a settlement . But this came a day after the fare ; for the Lords who knew well enough that these proceedings of the King abroad were in agitation , and withall that his mind was implacable towards them , resolved , before he should have an opportunity to augment the number of his Forces , to try it out by Arms ; and though they had the Kings Son with them , as well to manifest their Authority to the Common People , as to shew that they were not angry with or had no quarrel against their Country , but a pernicious King , who would have ruined them ; yet least the minds of the people should be alienated by the cunning or forreign Ambassadors and other accidents that attend procrastination , they were busied night and day how to commit all to the hazard of a Battle : But the Kings timerousness was an obstacle to their eagerness and hast , who because he had ordered considerable Levies to be made , for the augmentation of the Troops he had on foot already , in the northern parts of the Kingdom , did in the mean time keep himself close within the Castle of Edenburg : But that he might precipitate his fate , he was brought by his Followers , whether designedly or ignorantly is uncertain , to forsake this wholsome Counsel which he looked upon to be safest for him ; for they perswaded him , that by reason of the frequent tides there , which might cause delay and danger to them that were about to meet together ; it were more adviseable he should go to Sterling Castle , the best situated place of any , for gathering of Forces together out of all parts of the Kingdom : That he would be as safe there as in Edenburg Castle , seeing his Enemies were unprepared of all things necessary for a Siege , That his Fleet also which he had prepared to be an help to him at all adventures , might be at hand : This advice did indeed seem to be sound and real , and had been safe enough in all probability in the event , had it not been that the Governour of the Castle being corrupted by the opposite Faction , excluded him from admittance : And now all things conspire to his ruin , for the Lords were now at his heels , that he could not possibly retire to the Castle of Edenburg again , and the Forces raised by the Earls of Huntley , Errol , Athol and diverse other Noblemen who stuck to him , and which , they said , amounted to the number of Forty Thousand Men , being not yet come up , he would not stay for them , and so with those Forces he had with him hazards a Battle : The Battle was at first very fierce , and the first Wing of the Nob●es Army gave way , but the Annandalians and their Neighbours , who inhabite the Western parts of Scotland , press hard upon the Kings Forces , and with their huge Spears , much longer than their Adversaries , quickly broke the King's main Body , who finding now it was in vain to stand it , and being injured with the fall of his Horse , retires to a Mill that was not far off from the place of Battle , with a design , as was thought , to get aboard his Ships which were not far off , where being taken with a few more he was slain : It 's not fully agreed who killed him , but pursued he was to the foresaid place by Patrick Grey , Sterling Keiry , and a Priest whose name was Borthick ; and who , it was said , being asked by the King for a Confessor , roughly replied , That though he was no good Priest , yet he was a good Leech , and with that stab'd him to the Heart : And here you see how contemptible the Majesty of a Prince is , that is sullied with degenerous actions ; and there was this further ignominy affixed to his Death , That it was enacted in the next Sessions of Parliament , that he Justly suffered , and strictly forbidden that any who had bore Arms against him or thier descendants , should be upbraided therewith . Young he was , being about 35 years when he died , and of them had Reigned near Twenty Eight , in the year of our Lord 1488. The Son who had headed this Army , is now advanced to the Father's Throne , and known by the name of James the IV. being then about Sixteen years of Age. Wood , who Commanded the Ships before mentioned , was with great difficulty brought to submit , and did afterward this King great Service ; who it seems had some remorse for his contributing so much to his Fathers Death , for in token thereof he wore continually an Iron Chain about his middle , all the days of his life , made frequent visits to Religious places , &c. all which methinks seems to have been put upon him by some crafty Priest , tho Historians are silent in that particular ; but he had hardly been warm in his Throne , when those Nobles that were of his Father's Party , sent their Emissaries to all the parts of the Kingdom , and exhort one another , not to endure the present state of things ; That so many brave Men should not suffer such publick paricides who had murdred one King , and kept the other in servitude , so proudly to illude them , and to charge them with being guilty of High-Treason , who fought for the King's defence and safety ; but that they should arrogate to themselves who were violators of all Divine and Humane Laws , the title of being defenders of the Honour and Dignity of the Commonwealth , and preservers of their Country , in whose hands the King himself was not free ; as being enforced , first to take up Arms against his Father and King , and having , wickedly slain him , to prosecute his Father's Friends , and such ns engaged in his defence by an unjust and Cruel War , that was intollerable . When many things of this nature had been bandyed about amongst the Common People , Alexander Forbes , to excite in them a greater hatred towards the present Administration , caused the dead King 's bloody Shirt to be hung up on a long Pole , and exposed publickly at Aberdeen , and other places where there was great concourse of People ; This being as it were a publick Edict to stir up all Men to revenge so foul a Deed. Nay , many of them who had engaged with them actually in the slaughter , finding that all things did not go as they would have it , now joyned with these Malecontents . And as things were transacted in these parts about Aberdeen much to the new King's prejudice , Matthew Stewart Earl of Levins , a popular and potent Man in his Country , summons all such as he had influence over , this side the Forth , to come to him , and having raised a good body of Men , finding he could not make his way over Sterling Bridge , which was guarded by the Royalists , he hastens towards a Ford , not far from the River-head , at the foot of Mount Grampias , with a design to joyn with his Friends in those parts : Now when John Drummond had notice hereof by Alexander Mac Alpin his Tenant , and who had joyned the Enemy , and found plainly , that all things were so careless and secure in the Enemies Camp , that they dispearsed themselves up and down as every one pleased , and had no Centry , nor Scouts , and destitute of all Military Order and Discipline ; he immediately with the Courtiers and a few Voluntiers he had with him , sets upon them un-a-wares and in a manner all asleep , which was in too many of them continued by Death , the rest unarm'd run back headlong from whence they came , and many were made Prisoners , but some known Friends and Acquaintance were let go , they were severe only upon such as wrote or spoke very contumeliously of the Government ; and so this storm blew over , and not long after a Parliament was called , wherein past a general Act of Indemnity , so that now nothing was expected here but Halcyon Days , but a Storm quickly arose which terribly shook not only this , but the Kingdom of England also , by one Perkin Warbeck's pretending himself to be Richard Duke of York , and second Son to King Edward IV. and so to have an undoubted Right to the Crown of England . He came over from France into Scotland and possest this King so far with a belief of his Right and the Justice of his Cause , that he not only gave him the Lady Margaret , the Earl of Huntley's Daughter , for a Wife ; but also raised an Army to defend his Cause , which took up some Years of his Reign little enough to his or the Kingdoms Commodity and Advantage . At last a Truce for some Years was agreed on between him and the King of England , and the Consequence of that was first orders for Perkin , of whom you may read at large in my Lord Bacon's History of Henry VII . to depart the Realm of Scotland ; then a Marriage between King James and the Lady Margaret , Henry VIIth's Daughter , and lastly a Peace between both Kings during their Lives . This Kings Reign is remarkable upon many accounts , which being not the scope of this Treatise , we designedly omit : But one passage I meet with in Lesley's History of this Kingdom , which for the rarity of it I cannot omit , and hope the Reader will not think it an Impertinent Digression . About this time , says the aforesaid Author , The King ( to tell you a business that to this day is remembred with great Laughter among the Roman people ) created a certain Italian , with whose Wit and Pleasant Conversation he was much taken , Abbot of Tungland ; This man , thinking to magnifie his own parts , did on a certain time perswade the King , that he was so well skilled in the Secrets of Nature and more especially in the noble Science of Chimistry , that he could transmute any other Metal into Gold , if the King would please to bear the Charges thereof ; But after much Time and Treasure spent , and long Expectation of this Glorious Effect , all proved Abortive , and came to nothing ; so that the vain Braccadocio fell into great contempt both by the King and People , which grieved him very sore ; so that he sets all his Wits on work how he might do somewhat that might regain his fame in the world , and at the same , recover the King's Favour . At last he gave out a Report , that he would by flying be in France , before the Kings Ambassadors , who were sent thither and were then actually under sail , to pursue their Voyage ; and that this might not be all talk without any Performance , he boldly appointed a Day and Place , which was Sterling from whence to begin his flight , the noise whereof brought ( you may be sure ) a great concourse of People together , among whom was the King himself . When the Time was come , the man gets up to the Top of Sterling Castle , and having fastned the Wings which he had made of the Feathers of several Fowls , to his sides , he lifts himself into the Air , thinking to pursue his course . But alas , he came quickly down headlong to the ground , his Wings availing him nothing , whereupon the people , who knew not whether they should rather Rebuke his Presumption , or Pity his Misfortune , flocked about him , and asked him how he did , he made Answer that he had broken his Thigh-bone , and despaired of ever flying any more , at which they all laughed their fill : But this Icarus , to salve the matter , laid the fault of his flying wholly upon his Wings , because they were not made of Eagles Feathers and the like , but only of Poultry which were not fit to cut the Air with flight , and which by a certain innate Virtue , operating according to the Nature of those Fowl , drew the Feathers downwards to the Dunghill where those Birds fed . But to re-assume the Thread of our Story , things continued in a tollerable state of Tranquillity , till the death of Henry VII . the King's Father-in-law ; but Henry VIII . a young , ambitious , and active Prince , had not long mounted the English Throne , when he makes Preparations to recover his Right in the Kingdom of France . The French King to fortifie himself as much as possible against the impending Storm , requir'd Aid of the King of Scotland ; who , by his Embassadors , would have accommodated Matters , and perswaded both Kings to a Peace : But King Henry persisting in his Resolution , the Scot , won by French Promises of Money and Ammunition , joyns with them in League against England ; and because the English Commissioners appointed to accommodate the Differences between both Nations , about some Irregularities and Depredations , committed upon the Borders , would not come up to their Terms , James takes this occasion to send Lyon King at Arms to King Henry , by this time besieging Terwin , with Letters of Complaints , commanding him , for want of satisfying the Contents of the said Letters , to denounce War against England . When Henry had read the Letters , and advised with his Council thereupon , he told the Herauld he would make him answer , If he would promise faithfully to declare the same to his Master ; Lyon replied , Whatever his Master commanded him to say to others , that he was obliged to do , and would ; but for the Commands of others to his Master , therein he desired to be excused , but added , your Highness Letters that declare your Pleasure , I am willing to carry , tho' your Answer requires doing , and not saying , I mean , that you should immediately return home : The King sharply retorted , I 'll return at my own Pleasure to your Damage , and not at thy Master's Summons ; and so delivers him a Letter to carry to his Master , importing he had receiv'd his Full of frivolous Complaints , which had been sufficiently answer'd before , sharply sets forth the baseness of the Scotch Nation , but says at the same time it was always their Ancestors custom , to invade his Dominions in his absence , which they never offered nor durst do while he was within the Land ; but however that he had taken caution for his security , and would not desist from his present enterprize , which the Scotch King had nothing to do with , as being no Competent Judge ( for so the words are ) of so high Authority to require him in that behalf , &c. But before the Herault arrived , and the Letters could be delivered , King James had precipitated his own fall at Floddenfield . For having dispatched Commissions for the raising of Forces , he determines to put himself at the head of them before they were fully Compleated ; but first goes to a place called Limuch and there heard even Song , as they called it , where after he had entred the Chappel , came an old man to him , whose hair was somewhat of a yellow red hanging down over his Shouldiers , his Forehead high with Baldness , bare Headed , clad in a Blewish Garment with a white Girdle , and had a very Reverend Countenance , and said ; King I am sent to admonish thee that thou go not forward to the place which thou hast determined , which warning if thou dost despise , it shall succeed ill with thee , and all such as shall attend thee : Further I am Commanded , to give thee Intelligence before-hand , that thou eschew the familiarity and Custom or Counsell of Women , if thou do otherwise , it shall tend to thy Dishonour and Hurt : And when he had so said , he mingled himself with other Company , and when Prayers were over , and that the K. sought for him , he could by no means be found ; for he was never seen after the delivery of this Message , which seemed the more strange , because that many who stood near him , and observing all he said , and intent to hear more from him , could not perceive his departure ; of which Number David Linsey , a Person of known Virtue and approved Reputation , was one , who told me the same ( saith Buchanan ) of a most certain truth , or else I would have past it over for a Fable , handed down to us by Common Fame . But no premonitions from Heaven , nor Advises upon Earth could divert the Career of this willfull Prince , but on he goes towards Edenburg , and there takes a review of his Army , and hastily marches towards the English Borders ; takes in several lesser places , and Ravages the nighest parts of Northumberland . In the mean time the King quite contrary to the premonition aforesaid being ensnared with the Beauty of a Noble Captive , ( she was Hern's Wife of Ford ) neglected Military Discipline , and his Army lying idle , and in a Barren Country where Provisions were very scarce ; a great part of them in d●scontent , disband and forsake the Service ; so that there were none but the Nobles with their Kindred and a few Tenants that staid behind : For the greater part were of opinion , they should not tarry any longer in a Country that was so Poor , and withal , Plundered , but rather to Besiege Berwick , which they had left behind them ; since the taking thereof alone would be much more Honourable and advantagious than all the adjacent Garrisons ; and that the taking thereof would not be difficult , seeing the Town and Castle were unprovided to make any considerable resistance . The King who supposed there was nothing too hard for his Arms , especially now the English were imployed in the French Wars , and being buoy'd up by the flattery of his Courtiers , judged he could do that easily in his return ; but while he lay loitering at Ford , came an English Herauld into his Camp , requiring him to appoint a day and place where both Armies might give Battle ; whereupon the King calls a Councell of War , wherein the greatest part were of opinion that it was most advisable they should return home , least they might with so small a Force hazard the State of the whole Country , especially seeing they had already obtained sufficient Renown , Glory , and Riches , and fully satisfied the League of Friendship made with the French ; neither could there be any appearance of reason , that they who were now so much diminished in their number , and so weakned with the Fatigues they had undergone , should now be exposed to so great a multitude of English daily increasing with Re-inforcements ; for it was Rumored then , that the Lord Thomas Howard was arrived in the English Camp with Six Thousand old Soldiers from before Turwin . And for the further inforcing hereof , it was moreover added , That if the King did depart , the English Army must necessarily seperate , and could not be drawn together that Year again , as being to march from the remotest Parts of the Kingdom : But and if the King must needs fight , that then it were more advisable he should do it in his own Kingdom , keeping the appointment both of the Time and Place , always in his own Power ; But when the French Ambassador and such Mercenary Courtiers as took French Pensions , opposed these Arguments , the King , who was eager for Battle and to hasten his own Ruin , was easily perswaded to wait for the Enemy , in that Place . In the mean time when the English did not advance and engage at the day appointed by the Herault ; the Scotch Nobility laid hold of the opportunity afresh to go to the King , before whom they laid the matter home again ; Alledging , That the reason why they declined Battle , was an Artifice of the Enemy only to gain time 'till all their Forces were come together , while the Scotch dwindled away more and more ; and therefore it was high time they should have recourse to the like Pollicy , and since the Enemy failed of their word , it was no ways disgracefull to the Scots either to return into their own Country without giving them Battle , or to Fight within their own Limits ; of which Councel the first was infallibly the best , but if that were not approved off , there was abundant reason for to execute the latter ; for seeing that the River Till was not foardable for some Miles space , and could not be past by the Army but by one Bridge , there a few might be able to resist a great multitude ; besides , if part of the English Army were past the Bridge , the same might easily be broken , by Engines conveniently placed for that purpose , so as to obstruct the passage of the rest , to relieve them who of necessity must be cut to peices . But so was the King taken with his own Conceit , that you had as good have talked to a dead Man as to him , upon this head ; And therefore he slightingly said , That if the English Army were an Hundred Thousand strong , he would Fight them . With which rash Answer the Nobility were very much displeased . Whereupon Archibald Dowglass , Earl of Angus , a Man that far excelled the rest of the Nobles , both in Years and Authority , endeavoured in a gentle Oration to alter the King's Resolutions , enlarges upon and shews the reasonableness and advantage of the former Counsells given him by the Nobility ; for he made it appear , that the King had been punctual in the League with France and gratified their Request , in that he had now turned the English Arms before bent against the French , against himself , and against his own Country ; and had so ordered his own Affairs , that those great Armies should neither injure France , nor endamage Scotland , seeing they were not long able to keep the field in those cold Countries and a Barren Soyl , Unfurnished of necessaries for the support of Life through the Calamy of the late Wars , and which at best produced but little Corn ; but Winter was drawing near which in those Northern parts was felt betimes . And ( continued the Earl ) as for the French Ambassadors urging of us to come to a Battle , I cannot think that should be looked upon as either new or strange by us , that a Foreigner who hath no respect to the publick good of this Kingdom , but to the private interest of his own Nation , should be so lavish of other Mens blood : And besides , his Request is unreasonable and impudent ; for he would have the Scots do that which the French King , a Person of the highest Prudence , thinks not fit to do for his own Kingdom and Honour ; neither should the miscarriage of this Army be looked upon by him as a small loss , because they were not so numerous ; for all those are here , who excell either in Virtue , Authority and Counsell ; and if these be once lost , the surviving Commonalty will become an easy prey to the Conquerors . What , is it not at present safer and withal more profitable to protract the War ? For if Lewis thinks that the English can either be exhausted by Expences , or wearied with delay , what can be better , as to the present State of things , than for us to enforce the Enemy to divide their Forces , that we may keep one part of their Army to watch and look after our motion , making a continual shew of our readiness to make Incursions , and by putting of them under a constant apprehension thereof , ease the burden of the French by our Labour and Vigilancy ; and I think those men , who I fear , are more Valiant in Words than in Actions , have sufficiently Consulted for their Glory and Renown under which names they would couch their own temerity ; for what could have been more honourable for the King , than to have rased so many strong Holds , wasted all with Fire and Sword , and to carry away so great Booty , that several Years Peace will not be able to reduce the Country to its former state ; And what greater benefit can we expect from the War , than that amidst such clashing of Armor and noise of War , we should enjoy Rest with Wealth and Glory , to our greatest Praise and Commendation by refreshing our own Souldiers , and to the ignominy and shame of the Enemy ? For that sort of Victory which is won more by Counsel than by Arms , is a property of Man , but more peculiarly agreeable to the Conduct of a great Captain , in regard that the Soldiers can claim no manner of share therein . Tho' all that were present discovered by their Faces , their Consent hereunto ; Yet it made no impressions upon the King , who had solemnly Swore and was now fully bent to Fight , and so he Command Dowglass , if he was afraid of his life to return home . The Earl finding things thus precipitated through the Kings temerity , and foreseeing the dreadful Event , burst forth into Tears ; and as soon as he was able to Speak , said , If the former course of my Life did not sufficiently Vindicate my Reputation from the opinion of Cowardice , I know of no other reasons whereby to purge my self ; I am sure while this Body was able to endure the Toils of War and other Fatigues , I have never been sparing to imploy the same , for the Honour of my King and Good of my Country ; But seeing my Counsells wherein alone I can now be useful , are despised , I 'll leave my two Sons , who next my Country are dearest to me , and the rest of my Friends and Kindred , as a certain pledge of my good Will towards you and the publick good ; and I pray unto God these my fears may prove False and Abortive , and that I may rather be accounted a false Prophet , than that what I fear and seem to behold should come to pass . When he had thus spoken , he packs up his Baggage and Departs ; the rest of the Nobles seeing they could not draw the King to be of their mind , Judged it ought to be their next care seeing they were inferiour in number to the Enemy ( for they had learned by their Scouts that the English Army was six and twenty Thousand strong was to fortify themselves by taking advantage of the ground , and so to pitch their Camp on the adjacent Hill , which was hard of access and which they Fortifyed almost round with Cannon ; in the Rear they had Hills , from the Foot of which to the East was a Marsh that secured their Left Wing , and on their Right they had the River Till , with high Banks over which was a Bridge , not far from the Camp. The English when they found by their spies , that there was no approaching of the Scotch Camp without manifest danger , wheeled off from the River , and made as if they marched toward Berwick , and from thence streight to the adjacent part of Scotland to Ravage the Country , and a Rumour of such a design increased the suspicion thereof : Which Rumour was some Days before spread abroad , whether rashly or purposely feigned by the the English , that they might decoy the Scots from their strong Holds down into the Plains . King James thinking that not to be endured , sets Fire to his Camp and Marched ; The smoak blinded the English so as that they could not discern the Enemy Marching ; but at last both Armies came to Flodden Hills almost unknown to one another . There the English March their Artillery over the Bridge and their Army past the Ford at Milsord , and so draw up their Army in Battalia , as the situation of the ground , would admit , but in two Bodies ; seeming to have a design to cuff off the Scots Provision . In the first Army the main Body was Commanded by the Lord Thomas Howard , Admiral , who not long before was come with a strong Re-inforcement to the Army ; the Right Wing by Edmund Howard , and the Left by Marmaduke Constable . The other body was so posted as if they had been for reserves , and also drawn up in a tripartite division , the Right being Commanded by Dacres , the Left by Stanley , and the Main Body by the Earl of Surrey , who was General of the whole Army . The Scots made a forefold distribution of their Army , whereof the King himself Commanded the Main Body , Alexander Gordon and Alexander Humes the Right Wing , Mathew Stuart , Earl of Lennox , Campell , Earl of Argile the Left : And Hepborn with the rest of the Nobility of Lowthian , Commanded the reserves . Gordon begins the Battle and quickly routed the Left Wing of the English Army , but returning from the Chase he found the remainder of his Wing almost cut to pieces . For the left Wing Commanded by Lennox and Argile , being elated at their Success , fell on Pell-Mell without keeping their Ranks upon the Enemy , leaving their Ensigns behind-them : The French Ambassador doing all that ever he could to keep them back , as foreseeing , they rushed on headlong to their inevitable ruin ; But the English stood the shock with undaunted Bravery , and adding cunning to their Valour , wheeled a body of their Men about , which fell upon the Rear of this disorderly Rout and almost kill'd every Man of them . In the mean time the Main Body where the King was , with the reserves Commanded by Hepborn , sought with great obstinacy , but at last were Routed , but night coming on hindred the pursuit . Next morning the Earl of Surrey sent out Dacres with a Party of Horse to learn Intelligence , who coming to the field of Battle and finding the Scotch Artillery without any Guard upon them , and the greatest part of the slain unstripped , he acquaints the General therewith ; who sets his Army loose to ransack the Camp , and afterwards Celebrated the Victory with utmost Joy. And now we come to tell you of the Kings Fate himself : Our English Historians generally agree that he was slain in this Battle , the Scots for the most part oppose it ; Urging , that the Body which was rifled in the field and taken to be his , was not so , but the Body of one Alexander Elsinstone , a young Gentleman resembling the King both in Visage and Stature , whom the King ( that he might delude those that pursued him , and at the same time also with his own presence animate those that fought elsewhere ) had caused with all Tokens of Royality to be Armed and Apparelled like himself : But ( says my English Author Bishop Goodin ) not to make use for an Argument the great number of Nobility that Guarded their true King and consequently that their Counterfeit ones fought elsewhere ; It s manifest that his Body was known by many of the Prisoners , who certainly affirmed , that it could be no other than the King 's , tho' by the Multitude of his Wounds it were very much disfigured ; for his Neck was laid open in the midst thereof with a long Wound , his left Arm almost cut off in two several places , could scarce hang to his Shoulder , and had been besides shot through several parts of his Body with Arrows ; and this seems to have the greatest appearance of truth in it , tho' what Buchanan and others his Countrymen , alledge , is not improbable , viz. That after the King found the Battle encline to the English without any hopes of retrieving it , he passed the Tweed and near Kelso was slain by Humes's followers ; it remaining uncertain , whether it was done by his Command , or that these Ruffians thinking to gratify the humour of their Patron , were in hopes when the King was once cut off , they might transact what villany they pleased impunedly , but if he survived , they were in great apprehensions of being called to a severe account for their tardiness during the Battle . To which they also add other conjectures ; that the very night after the Battle , the Monastery of Kelso was seised by one Carr a confident of Hume , and the Abbot chasheered , which , its likely , he durst not have attempted , if he had known the King had been alive : But these things are so uncertain , says Buchanan , that when Hume was afterward called to an Account , and Tryed for the Fact , by the Earl of Murrey , the King 's base Son ; it came to nothing , they were not able to prove it upon him , but withal adds , that Lawrence Faliser , a Person of integrity , but then a Lad and spectator of of the Action did often affirm to him , that he had seen the King on Horse Back pass the Tweed ; and hence many took occasion to report ( which lasted many years ) that the King was alive , and would appear in due time , after he had pay'd his vow of going to Jerusalem to view the Holy Sepulcre . But this savours two much like the legendary Story of Arthur of old , and of Charles Duke of Burgundy not many Years before , of whom they related such another Tale ; But to return and take for granted , that he died ( as before noted ) upon the place of Battle , his Body being enclosed in a Sheet of Lead was brought into England , and by the Kings Command laid in some bye Vault or Corner without any Funeral rites , he saying , That it was a due punishment for one who had perjuriously broken his League ; So that Death it self had not put a Period to his misfortune ; Tho' otherwise he was a Prince of great perfections both of Body and Mind , and endued with most of those Royal Virtues that are necessary for the equal poize of a Scep●er , which caused that sharp , but true saying , to drop from the Pen of a learned Author upon , him that he perished Non suo , sed Stuartorum Fato . The loss of James IIII. in this manner , seemed to carry with it the most dreadfull presages of Confusion and Misery that ever threatned any Country , for he left his Queen Margaret and two Sons behind him , the Eldest whereof James V. that succeeded him in the Kingdom being not fully two years old ; most of the Nobility who bore any thing of Wisdom and Authority before them , being slain in the foresaid Battle , and the major part of such as survived , by reason of their Youth , or Incapacity of their mind , very unfit to meddle with matters of State ; especially in so teachy a time as that was : And those who were left alive of the better sort who had any thing of Prudence , through Ambition and Covetousness , abhorring all Counsels , tending to Peace and Concord . However something must be done for the Publick weal and as the fittest expedient for a settlement , a Parliament was convened at Sterling , who Proclaimed James V. King , and according to the Deseased King's Will ; The Queen was constituted Regent of the Kingdom so long as she remained a Widdow ; But she soon after Marrying Archembald Dowglass Earl of Angus a young Gentleman , who for Lineage , Comliness , and other Accomplishments might be ranked amongst the prime Nobility of Scotland , lost her Office and Authority , and this occasioned a great feud among the Nobility . The Dowglassian Party endeavoured to have the Queen continued in the Office ; Alledging , That this was the way to have Peace with England , which was not only advantagious , but highly necessary for them at that time , as matters stood with them : But the Humes , whereof Alexander Hume Warden of all the Marches and a very Potent Man , was head , making up the adverse faction , under pretence of publick Good , and that it was against the old Laws of the Kingdom to have a Woman , however otherwise dignifyed , to be Regent , stiffly opposed the Queen and her Adherents ; so that at last after they had passionately struggled about the choise , either out of wicked Ambition or secret Envy ; They past by all that were there present and incline to choose John Duke of Albany Son of Alexander , ( of whom we have spoken before ) Brother of James III. and who lived then in good Repute in France , from whence soon after he arrived in Scotland . The Duke was ignorant of the old Customs of the Country , as having been bred abroad all his Days , which John Hepburn a Crafty Knave and one who had contested with Andrew Foreman , about the Archbishoprick of St. Andrew's a little before , well observing , makes it his business to insinuate himself into the Regents Favour , under pretence of informing him of the Laws and Manners of the Land , but in Truth and Reality that he might advance himself upon the wrack and ruine of others . And to this End he tells the Regent , there were at that time three Factions in the Kingdom , the one headed by Archibald , Dowglass , Earl of Angus , the Queens Husband , who was wonderfully Popular , and upon the account of his Alliance with England , and his own Personal and Hereditary Merits , bore a Spirit too big for a private Man. Alexander Hume was the next , whose Power and Interest was so great , that there was a necessity of repressing of him in time ; Foreman his former Competitor was the third , who , said he 't was true , was not to be feared upon the account of Kindred and Nobleness of descent , yet by reason of his great Wealth he would make a great Accession of Strength to what Party soever he inclined : But to this last Part the Governor gave little heed , as knowing it to be an invidious accusation of Hepburn proceeding from the noted feuds between Foreman and himself . But the suspicion of Hume sunk deeper into the Regents mind , which the other quickly perceiving , he falls in for his own security with the interest of the Queen and her Husband , and lamenting the danger the young King might be in , if he should fall into the Regents Hands , who was next Heir and bent to translate the Kingdom to himself ; he perswades the Queen to retire with the King to her Brother into England : But these Consultations were not so secretly carried on , but that the Governor had notice thereof , who being an Active Man , hastens with all his Forces to Sterling and quickly took the Castle with the King and Queen in it ; and so takes the poor King from the Mothers Bosom , appointing him to be kept and managed as he pleased . Upon which Hume and his Brother William flee into England , and the Queen with her Husband soon followed them ▪ the Regent was concerned at their departure , sets all his Engines at work to procure their return , which Dowglass the Queens Husband and the Humes soon after did ; but Alexander Hume contrary to many large promises , being Summoned to appear before the Assembly of Estates , refused to come , and thinking himself aggrieved , encouraged Tories to commit great Outrages in the Neighbourhood ; for which being like to be called to an Account by an Armed Power , he was perswaded to surrender himself , so was Committed to the Custody of James Hamilton , Earl of Arran , his Sisters Husband , at Edenburg , with a charge that himself should be esteemed a Traytor if he suffered him to escape . But Hume perswades Hamilton to make his escape with him , and to make a Party so as to enter upon the Government himself he being the next Heir after the former Kings Children , in regard he was born of a Sister of James III. and therefore it was more Just he should enjoy the next place to the King then John , who , its true , was the Son of a Brother , but born in Exile , and in all other things a perfect Foreigner , and one that could not as much as speak the Scottish Language . With them joyns John Stuart , Earl of Lennox , with many of his followers , but the Earl was soon after reconciled to the Governor and it was not long before Hamilton and Hume returned also to Court and had an amnesty for all that was past . Hume and his Brother in a little while after upon some new suspicion the Governor had of them , but mostly , as 't was thought , upon the Calumny of John Hepborn aforsaid ( their implacable Enemy ) were Seized , Condemned and Executed , the people looking on , and judging they had hard measure . The Regent having brought things into a tolerable state of Settlement , Constitutes seaven Deputies , whereof the Earl of Angus was one , and goes over into France where he staid five years , which were full of rapine , scuffles , and inquietude , but I do not find but that the young King continued all this while in the same hands . But the Regent finding that in his absence the Dowglasses had mightily prevailed , he in order to prevent further seditions , sends the Earl of Angus , head of that Family into France , and another of the name to Rome , who died by the way ; and next Year , after his return , raised an Army to invade England , in Favour of the French : But the Nobility opposed his Design , and so he was forced to Disband , and quickly upon that , goes into France again . The English Army in the mean time enter Scotland , carry all before them , and take Jedburg , and endeavour by their Navy to intercept the Regent in his return , but herein they failed , and he with the followers he brought with him from France , Compleats another Army , actually invades England , and Besieged the Castle of Work : But finding a vigorous resistance , and withal Winter approaching , breaks up his Siege . The Spring following , he calls an Assembly of the Nobles , tells them the causes why he must needs go again into France , but promised them a speedy return , yet he never did : For the young King upon Advice from his Mother , and most of the Nobility , enters upon the Government himself , and so vacates the Regents power . And now the mystery of iniquity begins to work , for tho' the King had assumed the Royal Power , yet he and his Kingdom shall be Subject to the Will of others , as much and more than before . You have heard how Archibald Dowglass had been sent by the Regent into France , who hearing of this alteration at home , sent one Simon Penning , an active Person and one in whom he confided very much , to the King of England , to perswade him , to let him to return home through his Dominions , which was granted ; for it seems King Henry was well enough pleased at the diminution of the Authority of so active a Person as the Duke of Albany , and at the change made in Scotland , so that the Earl was entertained by him in a very Courteous manner , and dismist Honourably . But his return did variously affect the minds of the Scots , for seeing all the Publick business now transacted by the Conduct of the Queen and the Earl of Arran , a great many of the Nobility , the head whereof were John Steward , Earl of Lennox , and Campell Earl of Argyle , taking it in very ill part that they were not admitted to any part of the publick Administration , received the Earl of Angus with high expressions of Joy , as hoping by his aid , either to gain over the Power of the adverse faction to themselves , or at least to abate their pride . On the other hand , the Queen , who was alienated from her Husband , was much concerned at his arrival , and sought by all means to undermine him : Hamilton also out of the relicts of his own Hatred was none of his Friend ; besides he feared , least Dowglass , who , he knew , would not be content with a second place , should mount the saddle , and make him truckle under , so that he strain'd to maintain his own Dignity , and opposed him with all his might . They kept themselves therefore within Edenburg Castle , and tho' they had seen very well , that many of the Nobility affected alterations , yet considing in the strength of the place and the Authority of the Kingly Name , ( a sorry defence ) they thought themselves secure from all force . In the mean time the opposite party held a great meeting of the Nobles , where they chose three of their own Faction to be Guardians both of King and Kingdom , and who should they be , but the Earl of Angus , John Steward Earl of Lennox , and Colen Campell Earl of Argyle ; And using great Celerity in their business , first they passed the Forth , and caused James Beaton , a shrewd Man , to joyn with them ; who perceiving the strength of the party , durst not stand out . From thence they went to Sterling , and Conferred all publick Offices and imployments upon such as were of their own gang only , and afterwards directed their march for Edenburg , which they entred without any resistance . For it was not Fortifyed at all , and immediately fell to work with the Castle , about which they cast a small Trench and Besieged it . The Defendants who had made no Provision for a Siege surrender'd up both it , themselves , King and all . All were sent away but the King , who now had more especially three new Masters before named , and who take the whole weight of the Government upon their Shoulders . They agreed among themselves , that they would manage it by turns , each of them attending four Months a piece upon the King , who was their prey : But this Conjunction was neither hearty nor of long duration . Dowglass , his turn was first served , who brought the King into the Archbishop of St. Andrew's House , and made use of all the Bishop's Furniture and other Accomodations as if they had been his own . ( for he had a little before revolted from their Faction ) and that the Earl might engage the King the more , he suffered him to wallow in all kind of sensual Delights : But yet he obtained not his End neither , in regard the Kings Domesticks were corrupted by the adverse faction , headed by the Queen and the Earl of Arran . It was not long e're Dowglass outed his two Colleagues , and assumed the whole Regency to his own hands , distributing Civil and Ecclesiastical Preferments unto his kindred and followers at pleasure , to the injury of diverse others , who had no power to resist ; The Earl of Argyle did indeed voluntarily withdraw himself from the Triumvirate : And Lennox tho' he followed the King , yet finding the Dowglasses share all Beneficial Offices amongst themselves , he gave many Testimonies of his ●islike , and that his mind was quite alienated from them . But they confident of their power , slighted the Reports and ill will of others . In the mean time the King , tho' he were used more indulgently then was fit for him , that so he might be the longer kept in Subjection unto their Wills , yet notwithstanding by little and little growing weary of their Government , and being also alienated from them by the accusations of his own Domesticks , who charged them some times truly , and sometimes otherwise , always interpreting their doubtfull Actions in the worse sence ; whereupon he held secret Caballs with such as he could trust , concerning vindicating himself into his Freedom and Liberty . And having understood the dissatisfa●●ion conceived by the Earl of Lennox against the proceedings of the Dowglasses , he stuck not to open his mind and make him privy of his Designs ; And while they were consulting about the Time , Place , and Manner , of Accomplishing the same ; Dowglass was making divers expeditions against the Country , Rovers but with no great Success , so that at length about the End of July he resolved to carry the King into Tiv●otdale as supposing his presence would be advantageous , to strike a terror into the licentious . Thus an Assembly being held at Jedburg , all the heads of the chief Families round about were called together by the Kings order , and Commanded to apprehend those Criminals every one within his own precincts , of which they had then a list given them : Thus , while the minds of all were merry and Jocund , they who had a Design to free the King from the pupillage of the Dowglasses , thought that a good opportunity to effect it● ▪ because one Walter Scot being not far from Jedburg , had great Clanships in the Countries thereabouts and had engaged in their interests . And thus they laid their project ; Walter was to invite the King to his House , and there he was to remain with his own good liking till greater forces came in , at the noise of the thing : But their design by what followed seemed to have been discovered either by chance or some private intimation ; whereupon the King was carried back to Mulross , yet Walter , was not discovered , but proceeded on strait in his Journey to the King. When he was a little way off , the frightful News was brought to the Dowglasses , that Walter ▪ was at hand , Well Armed himself and accompanied by a great Troop of Armed Men ; so that there was no Question to be made , but he being a factions man , and withal Valiant and audacious , did intend some mischief , insomuch that they presently ran to their Arms. Dowglass tho inferior in number , yet knowing what Men he had of his own , were choise ones , and that he had besides several valiant Persons of the Family of the Carrs and Humes in his train ; with John Hume and Andrew Car their principalls , he did resolved to give them Battle . When they were just ready to engage ; Dowglass Commands George Hume to alight from his Horse , and to manage his part in the fight , who answered , he would not : No not if the King himself Commanded him . This struck some damp upon the Dowglasses , however to make a Virtue of necessity they fell on with very great Fury , as men who had their King , and who was the price of the Combat , to be spectator ; the Earl of Lennox standing by the King all the while , and not striking a stroke . At last Walter Scot happening to be wounded , his men began to give ground , and at length fled out-right ; but the loss of Andrew Car , a Person of singular eminency did very much allay the joy of the Dowglasses for this Victory , and the carriage of Lennox , heightned their Jealousy of him , so that he thought it advisable to leave the Court ; and leave the King still a Captive and without hopes of Releasement . The Dowglassians perceiving themselves subject to the envy of many , endeavoured to strengthen their faction by the acquisition of more friends , and to that end , they prudently make up the old breach betwixt Them and the Hamiltons , a Family abounding in Wealth , Number , and Greatness , and admitted them into a share of the Government . On the other hand the Earl of Lennox was highly in favour of most People , and having privately obtained the King's Letters to most of the Nobility , who he thought would have kept his Councel , he mightily strenthened his Party ; Wherefore in a convention of his faction at Sterling , where James Beaton and several other Bishops were present , he openly propounded to them the design of asserting the King to Liberty , which was Unanimously agreed to , tho' the day appointed for mustering their Forces was not yet come : Yet hearing that the Hamiltons were Assembled at Linlithgow to intercept their march , it was thought adviseable to attack them , before they joyned with the Dowglasses , and accordingly Lennox with what present force he had with him marched directly towards them . But the Himiltons having got intelligence , that the Earl would march out of Sterling that day early in the morning , had called the Dowglassians out of Edenburg to their assistance before : But the King to favour Lennox as well as his own Liberty , as he thought , did , besides other obstacles , somewhat ●etard them , by pretending himself not well , so that he got up later out of his Bed that day then ordinary . And besides , marched very slowly , and upon the way would often turn aside to ease nature , as if he had been troubled with a Lask : And when George Dowglass had in vain flattered him to make more hast , at last he broke forth in these menacing words , saying , Sir , Rather then our Enemies should take you from us , we will lay hold on your body , and if it be rent in pieces , we will be sure to retain one part thereof . Which words made such an impression upon his mind that when the Dowglasses were banished some Years after , and that he had some inclination to recall the rest of them , yet he could not endure to hear any body speak of a Reconciliation with this George : The Hamiltons betwixt fear of the Enemies approaching , and hope of aid at hand , had set themselves in array at the Bridge of the River Aven , which is about a mile from Linlithgow , and placed a small Guard upon the Bridge to secure the Pass , and drew up the rest of their Forces at the brow of the Hi●● , which they knew the Enemy must pass : Lennox seeing that this passage over the Bridge was stopped , Commanded his Men to pass over a small River , a little above by the Nunnery , called Manuell , and so to beat the Hamiltonians from the Hills , before Dowglass's Forces had joyned them . The Lennoxians advanced towards the Enemy thorough thick and thin , but were much incommoded by the others throwing of Stones down the Hills upon them , and when they came to handy strokes the word was given that the Dowglasses were at hand ; and indeed they from their march ran in hastily into the Fight , and soon carried the Day , so that Lennox's Men were grievously wounded and put to flight . The Victory was used by the Hamiltonians with much cruelty , and among the Number of the slain , was the Earl of Lennox himself , highly lamented by all Persons , and more especially , by the King himself , who now saw no visible hopes of ever retrieving his Liberty , and could not choose but see , how fatal his presence was to all that attempted it . Now the Dowglasses are Lords paramount and carry all before them , those that had taken up Arms against their King , as they phrased it , for fear of a Tryal , were forced to compound with them for money , or to put themselves into the Clanships of the Hamiltons or themselves ; and such as refused they utterly ruined , yea and the Queen her self thought fit to retire to a place of Secrecy least she should fall into the hands of her Husband whom she hated . But fury abating with time , and the Dowglasses being severally intent upon other matters and concerns , and secure , as they thought as to the Kings Departure from them , gave him at last an opportunity to gain his Liberty , which all the former attempts of his Friends could not effect for him . They believed now , that his mind was fully Reconciled to them by those Blandishments and Immoderate Pleasures they had indulged him in , and besides , thought that if he were minded to remove , there was no faction strong enough to oppose them , neither was there any strong Garrison whither to retire but only to Sterling Castle , which was allotted to the Queen for her Habitation ; And then it was deserted for a time by the Queens Officers when she hid her self for fear of the Dowglasses , and when the tumult was a little appeased , 't was somewhat Fortified , but rather for a shew then any real defence . The King having obtained some small relaxation , saw that this must be his only refuge , and and therefore he deals privately with his Mother to exchange that Castle and the Lands adjoining for other Lands , as convenient for her ; and providing all other requisites , as private as he could , the Dowglasses not being so intent , as formerly in their watch over him , he retired by night with a small retinue from Falkland to Sterling , whither he soon sent for some of the Nobles to come to him , and others hearing the News came of their own accord , so that now he seemed sufficiently secured against all force . Then he issued out a Proclamation that the Dowglasses should abstain from all the Administration of publick affairs , and that none of their Dependants should come within 12 miles of the Court upon pain of Death . This Proclamation was quickly seconded with an Assembly of the Nobles at Edenburg , where they had such Terms offered them , as they would not accept , whereupon their Offices were taken from them ; and themselves Summoned to attend the Parliament at Edenburg . But they knowing the danger , Endeavoured to seise upon Edenburg , and dissolve the Parliament , but failed in the attempt . So that th● Earl of Angus retired to his Castle of Tan●allon ; and the Parliament proceeded in their business , and the Earl with his Brothers , Relations , and intimate Friends were out Lawed . They on the other hand being enraged at these proceedings and seeing all hopes of Pardon cut off , betook thems●lves to open force , and Committed all sorts of Outrages upon the Lands of their Enemies and with their Horse advanced many times to the very Gates of Edenburg , so that the City was almost besieged by them . The King thinking to unroost them all at once , raises Forces and lays siege to Tantallon Castle , but all that ever he could do , could not take it : At length the Dowglasses finding the Hamiltons and the rest of their Friends fail them , found it necessary to retire for their better safety into England , from whence came Ambassadors shortly after about settling a firm Peace between both Kingdoms and with the same labour to procure the Restitution of the Dowglasses . King James was mighty desirous to have Tantallon Castle in his Power , and at the same time his mind as averse to the Restoration of the Dowglasses , and for that reason the matter was convassed too and fro for some Days , and no temper of Accommodation could be found out : But at length they came to this ; That Tantallon Castle should be surrendered to K. James , a Truce between both Nations for five Years , and the other demands in referrence to the Dowglasses he promised to grant under his Signet . When the Castle was surrendered according to Composition , the King failed of his Royal Word , and not one of the Dowglasses were permitted to return ; which was foul prevarication in him , and a stain that will not easily be blotted off his Memory , seeing this was a principal matter in the Agreement and the Equivalent for the Castle . The Truce about half expired , was infringed by a War between both Nations : which the French Ambassador endeavoured to compose , and about the same time , James transacts with the French King and afterward with the Emperor about a Match , which was like to endanger his life ; For the Hamiltons almost confident of the Succession , yet looking upon it a long way about to stay either for Fortuitous or Natural dangers to befall him , and fearfull in case he married , he might have Lawfull Issue of his own , studied to hasten his Death by Treachery . a fair opportunity was offered them to effect it by his Night-walkings to his Misses , having but one or two in Company , but however it were , they ne'er could put their purpose in Execution . The Emperor's offers were rejected and at last he went over himself into France to seek him a Wife , and brings over along with him Magdelen Daughter to Francis the French King , but she died soon after and had no issue . The Death of Magdalen did but whet his desires to get him another Wife , and to that End he dispatched Cardinal David Beaton and others into France to treat of a Match between himself and Mary of the House of Guise , Widdow to the Duke of Longeville , by whom he had two Sons and a Daughter , of whom you 'll hear by and by . But before her arrival in Scotland , John Forbes a young Gentleman of a great Family was accused of a Design he had many years before , to Assassinate the King : It was believed to be a malitious prosecution of the Huntley's , but Condemned he was and lost his head ; and a few Days after , came on another Tryal , which on the account of the Family of the accused Parties , the Novelty of it , and the heinousness of the punishment was very Lamentable and Tragical , and plainly shews the Kings mind was cruel and implacable . Joan Dowglass , Sister to the Earl of Angus , of whom we have said so much , and Wife to John Lyons Lord of Glames ; also her Son and latter Husband , Gilespy Campell , John Lyons Kinsman to her former Husband , and an old Priest were accused for endeavouring to poyson the King. All these tho' they lived continually in the Country far from the Court , and their Friends and Servants could not be brought to witness any thing against them , yet were put on the rack , to extort a Confession from them , and so were Condemned and shut up in Edenburg Castle . Joan Dowglass was burnt alive , with great Commiseration of all the Spectators ; The Nobleness both of her self and Husband did much affect the beholders : Besides she was in the vigour of her youth , much celebrated for her rare Beauty , and in her very punishment she shewed a manlike Fortitude . But that which people were more concerned for , was , that they thought the enmity against her Brother who was banished , did her more prejudice then her own objected Crime . Her Husband endeavoured to escape out of the Castle of Edenburg ; but the Rope being too short to let him down to the foot of the Rock , brake almost all the bones of his body with the fall , and so ended his Days . Their Son , a young Man and of greater Innocent simplicity , then to have the suspicion of such a wickedness justly charged upon him , was for all that shut up a Prisoner in the Castle ; And the accuser of all these , William Lyons by name , afterwards perceiving , that so eminent a Family was like to be utterly ruined by his false Information , Repented , when it was too late , and confessed his offence to the King. Yet so bloody was he ( an instance I think hardly to be parallelled in all the records of time ) that it did not prevent the Execution of the Condemned or hinder their Estates from being Confiscate ; and the aforesaid young Gentleman was not discharged from his Imprisonment and Restored to his Inheritance till after the King's Death which is now upon the Wing . But as we have given you the Tragical part of his past life in all the Circumstances of them , we shall depeint unto you all the concurrent causes of his Tragical and Untimely Death and to that End ; we are necessitated to recount some few things to you that in order of time precede ; and you must note , That King Henry VIII . having upon the account of his Divorce from Queen Katherine , Proclaimed himself head of the Church , and utterly disclaimed the Pope's Authority in England , he thereby contracted great enmity not only from Rome , but also from Spain and the Empire ; Wherefore to strengthen himself against any Combination , that he expected to be made against him , he was desirous to entertain a strict amity with his Nephew , James V. of Scotland ; and to that End directs Ambassadors to him , inviting him to a Conference at York , whither Henry offered to come and meet him : Alledging , That by such an interview , matters might be better concerted for the mutual Interest of both Kingdoms . K. James after a serious Deliberation , returns Answer , he would attend his Unkle at the Time and Place appointed ; who thereupon made very great preparations to Entertain him with utmost solemnity ▪ But the Scotch Clergy apprehensive ▪ least their King through his Unkles Perswasions and Example , might be wrought upon to shake off the Pope's Authority in Scotland , as he had done in his own Dominions ; Resolve to do the utmost of their endeavours to prevent the intended interview , and so mustering up all their Forces , by themselves and the Kings minions and flatterers , acquaint him with the evil C●nse●uence of his going to England ; shew , how King James I. had been kept Prisoner in England , how ill the French , their old Confederates , and the Emperor would take it at his hands ; That King Henry was excommunicate , that a dangerous Heresy had overspread not only the greatest part of that Kingdom , but had infected even the King himself ; That many of his own Nobility were favourers of the said Heresy , which notwithstanding if he took care timously to suppress , it would be of mighty advantage to him , and he might very much increase his revenue by their Estates , a list of whose names they presented to him which he put in his Pocket , thinking it a very profitable proposal and therefore with all expedition to be put in Execution . The Lord Grang his Treasurer , and who secretly favoured the Reformation was then much in his favour , and to him the King shews the foresaid List , telling him what great advantage he would make of it , whereat the Treasurer smiled , and withall desired leave to speak his mind freely ; upon which the King drew his Sword , and merily said to him ; I le kill thee if thou speak against my profit : Then the Treasurer began to set before him at large the various troubles of his Reign while in minority , and what an hand the Clergy had in all the disorders ; that he had not been long a free Prince ; And that though his Majesty had done very much in th● time , in setling the Highlands and the Borders ; yet desired him to consider of what a dangerous consequence it might be if his Nobility should get intelligence , that some greedy fetches had been insinuated to him , under pretence of Heresie to dispoile them of their Lives and Inheritances ; And thereby endanger his own Estate , at the instance of those whose Estates were in danger , and who would hazard him and his to save their own : I mean ( continued the Treasurer ) the Prelates , who are afraid least your Majesty according to the Example of the King 's of England and Denmark , and other Princes of the Empire , should make the like Reformation among them ; and therefore they are clearly against your having any familiarity with the King of England , or to have your Affairs so settled as to give you leisure to look into and reform the abuses of the Church . Then he went on and shewed him , how the Revenues of the Crown were wasted , and the vast Estates of the Clergy , their addictedness to the Pope , their sly carriage in insinuating themselves into all secrets of State ; the wisdom of the Venetians in that particular in excluding the whole Levitical Order from their Senate-house ; the gross abuses of the Church of Rome ; the scandalous lives of the Scotch Clergy ; and last of all , urged how dishonourable and dangerous it would be to his Majesty not to keep his word with the King of England , who was a valiant Prince , and of an high stomach , and appeared for the time to have an upright meaning , his occasions pressing him thereto . And that having but one only Daughter , and being himself grown fat and corpulent , there were but small hopes of his having any more Children , and that therefore it was his undoubted interest to hold a good correspondence with him , being his Sisters Son , nearest of Blood , and ablest to maintain and unite the whole Island of Britain . That the detention of King James I. in England , was a far different case , and desired him to consider what bad success the King his Father had , in making War against the K. of England his Brother ; That that was but too manifestly felt by all the Subjects , and that little better was to be looked for if a new and unnecessary War were begun by his refusing to be at the intended meeting at York . This Speech was sufficient to convince him , had not his Stars inclined him otherwise , as his true interest to conform himself to the Will of his Uncle King Henry . However , for the present he was mightily pleased with it , and seemed resolved to follow th● Treasurers advice ; And at his first meeting with the Prelates , who ●arried then a very great sway in the Country , he could not contain himself any longer , when they came to him , hoping to find their Plots put in excution : But after many sharp words and expostulations , that they should advise him to use such cruelty upon so many Noble Men and Barons , to the endangering of his own repose , he said ; Wherefore gave my Predecessors so many Lands and Rents to the Kirk ? was it to maintain Hawks , Dogs , and Whores for a Company of Idle Priests ? The K. of England Burns , the K. of Denmark Beheads you , I shall stick you with this Whinyard ; And thereupon whips out his Dagger , which made them all scour out of his presence with trembling hearts ; the King declaring himself , resolved to keep his promise aforesaid with his Unkle , esteeming it now both his Honour and Interest so to do ▪ This procedure of the King struck a terrible damp upon the Prelates Spirits , who found themselves now in a very desperate state ; However , not to be wanting to themselves and cause , they began again to re-assume some Courage , and enter upon Consultation how to gain the King back again to their bow ; and knowing that money was a bait that seldom failed , and would be very likely to catch him , they make an offer in the first place to pay him yearly out of the Rents of the Church , the sum of Fifty Thousand Crowns for the maintenance of some Regular Troops , besides , the ordinary Subjects which obeyed his Proclamation , in case the King of England made War upon Scotland , upon the King's failure to keep the appointment at York : Yet they concluded , that unless the matter was proposed and favourably interpreted to the King by such as had his Ear , that would not do the business . Wherefore they made very liberal Gifts unto the K. Familiar Servants with an Additional promise to Oliver Sinclar , that they would procure him to be advanced to great Honours , and made General of the whole Army against England , in case King Henry intended to make War against their Nation , which they affirmed he neither would , nor durst do , having already so many Irons in the fire . Having laid this project , they proceed to put it in Execution , and so communicated the same to the Minions of the Court , which was cheerfully agreed to by them , who by their vile flattery obtained the greatest favour : But the chief bait they laid for the King and wrought their Ends by , was by alluring of pretty Women to him ; each striving to be the first that should advertise him , whose Daughter such an one was , and how she might be obtained : But the Treasurers presence , whom they feared and knew to be a man of Resolution , very much obstructed their Designs , wherefore a convenient opportunity was to be attended for in his absence from Court , which happened not long after . For the King had given the Ward and Marriage of Kelley in the County of Angus , to his second Son , and he went thither to take possession thereof : Thereupon they fall to work , make their proposals to the King , which were stoutly backed by Oliver Sinclar and such of the Clergy as had best acquaintance at Court , and especially at the time when they gratifyed his Lust with mens Wifes and Maidens as before noted ; and with all this oyling they found him at last pretty plyable , and this induced them to lay hold of the opportunity to ruin the Treasurer , whom they suspected to be the only Remora of their whole Design : And therefore they lay before him , how that he was turned Heretick , and had always a new Testament in English in his Pocket ; and besides , that through his Majesties favour he was grown so high and so proud that there was no enduring of him ; but withal so extream covetous , that he was the unfitest man alive for that Office ; and overbold for procuring of the King the Ward of Kelley for his second Son , which was worth Twenty Thousand Pounds . But to this the King Answered , That he looked upon his Treasurer to be a plain honest Gentleman , that he loved him so well , at that he would give him again the said Ward and Marriage for a Word of his Mouth . The Prior of Pittenweem , a cunning Fox , replies , Sir , the Heiress of Kelley is a jolly fair Lass , and I dare venture my life , that if your Majesty will send for her presently , he will refuse to send her . But the King affirmed still the contrary , till at last they procured him to send actually for the young woman , and the Prelates and their faction contrived it so that the said Prior of Pittenweem should carry the Letter , and Conduct the young woman back to the King. But when he came , the Treasurer who knew him to be his deadly Enemy , refused to deliver her ; Alledging , the said Prior to have been all his days a vile Whore-master , having deflowred several Virgins , and so thought him unfit for such a charge . This was what the Prior wanted , and so very Joyfully he returns with the Answer to the King , to whom together with his wicked associates he handled the matter with that finess and industry , that he rendered the Treasurer very obnoxious to him , and far as that he granted a Warrant to commit him into Custody within Edenburg Castle , which they forgot not to do as soon as ever he came to Court. But the Treasurer suspecting some evi● practises against him during his absence , thought no way so proper and effectuall for his security , as to get with all diligence into the Kings presence , which notwithstanding all their Conspiracies , he effected , and found him at Supper ; But when he came there , the King looked down , and would neither speak to him nor know him , whereat he was not a little concerned : However he would not put the matter up so , but advanced nearer the Kings Person , and said , Sir , What offence have I done , who had so much of your Favour when I parted from you with your permission ; The King Answered , Why did you refuse to send me the Maiden whom I wrote for , and gave despightfull Language to him I sent for her ? Sir , said he , there is none about your Majesty dare avow such a thing to my face ; As for the Maiden , I told the Prior , that I was well enough to be the Messenger my self to convey her to your Majesty , but thought him an unmeet Person , whom I kn●w to be a lover of Women and the greatest deflowrer of Wives and Maidens in Scotland : Then the King said , Hast thou then brought the Gentlewoman with thee ? Yes Sir , said he ; Alas , saith the King , They have told me so many lies of thee , that they have got a Warrant from me to commit thee to Prison , but I shall mend it with a contrary Command . Then said the Treasurer lamentingly , My life or Imprisonment is but a small matter , but it breaks my heart that the world should hear of your Majesties facility ; For he had heard , that during his absence they had caused the King to send to England , and to give over the designed interview at York . The Prelates having gained this point , they jog the King forwards to prosecute the reformed , and get James Hamilton Bastard Brother to the Earl of Arran and a fit Instrument for their purpose to be Judge in matters of Religion . About the same time came into Scotland one James Hamilton , Cousin-German to the foresaid James , who after long banishment , at length got leave to return to his Country for a time , to prosecute a Law-Suit he had against the Bastard James ; But when he found after his Arrival , what dangers himself and other true Professors of the Gospel were in , he dispatch'd his Son to the K. who was then , going over to Fife , and having got to him before he was gone on board , he acquaints him tremblingly , who was by Nature very suspicious , that it was a matter of great moment , and would prove dangerous to the whole Kingdom , unless the King would take care to secure Hamilton and take away his Commission . The King who was then hastning to Fife , sent the young man to Edenburg to the Lords of the Sessions , and ordered James Lermouth , James Kinnedy , and Thomas Aresky to meet , and charged them to give as much heed to what the Messenger should Declare as if he himself were present , and sent them a Ring which they knew , from off his Finger for a Token . These having set their heads together secure James , who had just dined and was ready for his Journey , in his own House , and send him prisoner to the Castle ; But when they had learned by their spies , that the King upon earnest application made to him on his behalf , was inclined to discharge him ; and that besides the danger the publick might be in , they themselves had reason to fear , least if so Factous and powerfull a man , and now provoked by so great an ignominy , did come off clear , he would be sharply and severely revenged ; They posted to Court and perswaded the King by laying the nearness of the danger , the wicked disposition , cruel mind and Wealth , of the Man as much as possible they could ▪ before him not to discharge him without a Tryal . The King therefore going to Edenburg , and from thence to Seaton , commands him to be tryed for his life , and having been Convicted , lost his head . The Crime laid to his charge , was , that he had on a certain day , determined to break the Doors open and to murder the King , and had secret cabals with the Dowglasses that were publick Enemies . Strange proceedings those were , tho' the Man died in a manner unlamented , as being obnoxious to most people and having lead a most wicked Life ; only the Priesthood were much concerned at his fall , as having placed all the hopes of their Fortunes in his Welfare . But however , he might have been an ill man otherwise , by the sequel it was interpreted , that the King had done little less then murdered him ; for from henceforth he was grievously afflicted with turbulent dreams , whereof amongst the rest , this was one . He saw this same James Hamilton rush into his presence with a drawn Sword , and first cut off his right Arm and then the left , and when he had threatned to return in a short time , and cut off his head , he vanished : The King when he avoke , was in a great fright , and while he revolved with himself upon the Event of his dream , presently comes News to him , that both his Sons , one at St. Andrews , and the other in Sterling , were dead , almost in the very same moment of time . This was black and ominous upon him , and now we come to shew you his Exit , which was violent as well as the rest that went before him . When Henry VIII . found himself thus basely disappointed by his Nephew , he was not a little incensed thereat , and prepared an Army to invade Scotland . There were near two years spent with nothing but Incursions on both sides , there being neither a certain Peace nor a Just War between them ; at length the Army under the Command of the Duke of Norfolk drew near to the Marches , the Scots encounter the Duke with an Herault to expostulate concerning the Motives of the War , and withal dispatched the Ld. Gowrdon , with some small Forces to defend the Frontiers ; The Herault was detained till the Eng. Army came to Berwick , to prevent his giving them Intelligence of their strength . And in October the Duke entring Scotland continued there ransacking the Country , without any opposition till the middle of November ; by which time King James had Levyed a great Army and was resolved on a Battle . The Nobility did all they could to disswade him from it , and especially shewed a great unwillingness that he should any way hazzard his own Person , the loss of his Father in like manner being fresh in their memories , and Scotland too sensible of the Calamities that ensued upon it . The K. proving obstinate , they detain him by Force , being desirous rather to run the risque of his displeasure then of his life . This tenderness of him in the Language of rage and indignation he Terms Cowardice and Treachery , and threatned when once he should get loose to fight the Enemy with his own Family only . The Lord Maxwell seeking to allay him , promised with Ten Thousand men only to invade England , and with far less then the English forces , to divert the War. The K. seems to consent hereto , and being offended with the rest of the Nobility , he gives the Lord Sinclair a private Commission , which was not to be opened till such time as they came to give Battle , wherein , he made him General of the whole Army . Sinclair , having decryed Five Hundred English Horse Commanded by Sir Thomas Wharton and Sir William Musgrave , on the adjacent Hills , he breaks his Commission open , and Commanded it to be publickly read before the Army ; which so distasted all of them , and especially the Lord Maxwell , that all things were presently in a Confusion and the Army ready to disband . The opportunity of an adjoining Hill gave the English a full prospect into their Army , and invited them to make advantage thereof , and so they fell upon the Scots with a furious charge , quickly routed them , slew a great number of them , and took abundance of prisoners , among whom Sinclair their General made one . The News of this defeat was no sooner brought to the King , who was not far off , but he fell into a great rage and fury , which terminated in sadness and heavy grief of heart , as Robert II. his great Ancestor did upon the taking of his Son James by the English ; and this brought him to watch and be abstemious , disdaining to eat his Victuals : And coming to understand that the Country was full of murmurings that the Kingdom should be thus endangered for the Prelates pleasure , and knowing withal that such Complaints were Just and True , this made him burst out with some threatning and revengeful language against such as had given him such bad advice , and so hastned his untimely Death : For those evil Councellors had no sooner understood what he said , but they considered the danger they might be in , if he should survive , and fearing the Effects of his displeasure , they poisoned him , having learnt the Art in Italy , called an Italian Posit , in the Three and Thirtieth year of his Age , and two and Thirtieth of his Reign . See Melvill's Memoirs . Cardinal Beaton who , t is supposed , had a great hand in his Death , counterfeited his will ; wherein himself and three more were appointed Governors of the Kingdom . He left one only Daughter Mary , that Succeeded him in his Kingdom and Misfortunes and was at her Fathers Death but eight Days old . He never saw her , and 't was said , when he was informed of her Birth it did rather aggravate his sorrow then exhilarate his mind , as foreseeing Scotland would one way or other fall under the Government of the English Nation . The King cut thus off in the flower of his Age , the tumults of the former times were rather hushed up then composed , so that Wise men foresaw such a tempest impending over Scotland , as they had neither ever heard before in the ancient records of time ▪ nor had themselves seen the like . For what from private animosities and dissension upon the score of Religion , and from a War from aboard with a puissant King , now enraged with the Scots prevaricating with him , there was reasonably to be hoped for little less then an utter desolation . However , something must be done , and the Cardinal according to his Develish subornation , takes the Administration into his hands ; but James Hamilton Earl of Arran being presumptive Heir to the Crown , and his friends as well as many others disdaining to be under the bondage of a Mercenary Priest , they encouraged him to assume the Regency , which the return of the Prisoners taken in the last Battle by the English ( who were released by the King of England with the hopes , and upon promise of procuring their young Queen to be married to Prince Edward and thereby to have the two Crowns United ) did not a little promote , so that the Cardinals forgery being in a little time detected he was casheered and his Kinsman Arran substituted in his room . Not long after , came Sir Ralph Sadler , Ambassador from King Henry into Scotland , to treat about the foresaid Match ; but the Cardinal and his faction raise forty colourable pretences to affront him and elude his Message , and to fortify themselves as much as might be , sent for Mathew Stuart , Earl of Lennox out of France , by whose Interest they thought to ballance that of the Hamiltons . But soon after his arrival , finding the Regent and Cardinal had joined Interests , and that himself was eluded in respect to the promise made him of Marrying the Queen Dowager and having the chief management of affairs ; and withal mis-representing his proceeding to the French King , he has recourse to Arms ; But not finding himself to have Force sufficient to cope with the Regent , with the additional Interest of the Queen and Cardinal , he makes some sort of Accommodation with them : But at last experimenting there was but little sincerity in all their Actions , and that himself was opprest and in danger of his life every moment , he made some faint resistance and in the end withdrew into England , where he was Honourably received by the King ; who besides his other respects , gave him Margaret Dowglass in Marriage , who was Sister by the Mother side to James V. last King of Scotland , begot by the Earl of Angus upon Margaret Sister to Henry VIII . from which Marriage spr●ng Henry Stuart Lord Darnley Husband to Mary Queen of Scots and Father to James VI. of Scotland and I. of England , of whom more here after . The King of England in the mean time being highly affronted with the Scots violating of their faith with him in respect to the Marriage , resolves to call them to a severe account for their perfidity , and to that End invades their Country with a puissant Army , commits great ravages , and even Pillaged and Burnt Edenburg it self and then retreated . The Scots with the assistance of the French , whose Alliance they had preferred before that of the King of England , endeavoured to retrieve the loss by the Invasion of the English Bordirs but made little of the matter ; So ●hat things for a time seemed to hang in ●uspence between both Nations ; and the Cardinal with his cut-throat Ecclesiasticks had leasure to prosecute those that espouesd the Reformation , and because the Civil power would not meddle with the matter , they take the whole into their own hands : And among others , put to Death one George Wiseheart , burning him for an Heretick , and who , when the Governor , who stood by , exhorted him to be of good cheer and ask Pardon of God for his offences ; He replied , This flame occasions trouble in deed to my body , but it hath in no wise broken my spirit , but he who now proudly looks down upon me from yonder lofty place ( pointing to the Cardinal ) shall e're long be as ignominiously thrown down , as now he proudly ●ies at his ease . Which strangely came to pass , and which , because of the Tragicalness of the Story we think will not be impertinent to insert in this place . The Cardinal being on a time at St. Andrew's and having appointed a day for the Nobility and especially those whose Estates lay nearest the Sea , to Meet and Consult what was fit to be done for the common safety , for their Coasts were severely threatned by the great Naval preparations of the English made against them : He determined for the more effectual Execution of his Design to take a strict view of all the Sea-Coasts , to Fortify all Convenient Places , and to put Garrisons into them . Among the rest of the Noble Men Sons , who came into the Cardinal , Norman Lesley , Son to the Earl of Rothes , was one . This same Person had done great and eminent Services for the Cardinal , but on a time there fell out a dispute concerning a private business which enstranged them a while , one from another ; but Norman upon great promises made to him , quitted his right in the matter contested for : But coming after some months to demand the performance of what was promised him ; They fell from plain discourse to hot words , and afterwards to down-right railing , uttering such reproachfull words to one another as became neither of them , and so they parted in great rage from one another ; The Cardinal fancying , that he was not treated with that deference due to his Eminency , and Norman full of Wrath and Fury as being Circumvented by fraud ; so that he returned home with thoughts bent upon revenge , and openly among his Friends inveyed against the intollerable Pride of the Cardinal insomuch that they agreed to take away his Life : And that the matter might pass with the least suspicion , Norman with five only in his Company came to St. Andrew's , and took up his usual Inn , that his intentious might be concealed , by reason of the paucity of his followers ; But there were ten more in the Town Privy to the Conspiracy , who all in several places expected the Signal to fall on . The Days were then very long as being in the Month of May , and the Cardinal was Fortifying the Castle for his Defence , for fear of any surprize in such great haste , that the workmen continued at work almost Night and Day ; So that when the Porter early in the morning opened the Gates to let in the workmen , Norman had placed two of his Men in ambush in an adjacent House , with orders to seize the Porter ; And when they had , by so doing , made themselves Masters of the Gate , They were to give the Signal to the rest : By this means they all entered the Castle without any noise , and dispatched four of their number to watch the Cardinal's Door , that no Tydings might be carried in to him , others were appointed to go to the Chambers of the rest of the household , to call them up . ( for they knew well enough both the Men and the Place ) them they roused up half awake , and calling them by their Names , threatned them severely to kill them without any more ado , if they made but the least Out-cry , so that they lead them all out of the Castle in great silence without doing them the least harm ; And now all the rest being put out , they alone remained Mast●rs of the Castle . Whereupon those that were posted at the Cardinal's Door knock'd at it , and being asked by those within what their Names were , they told them , and then were admitted ; Having , as have some written , given their words , that they would hurt no body : But when they once got in , they dispatched the Cardinal with many wounds . In the mean time the Rumor run about the Town , That the Castle was taken , insomuch that the Cardinals Friends half drunk , and half asleep , started out of their Beds , and cryed out Arms : And thus they run to the Castle , and called with Menaces and Reproaches , for Ladders and other things necessary for a Storm . They within , seeing this , that they might blunt the present impetuosity of their minds and put some check upon their fury ; Cryed out to them and demanded , why they made such a bustle , for the Man was dead whom they thought to rescue , and with that threw out the Cardinals dead body in the sight of them all , even out of that very place , where before he rejoicingly beheld the Execution of George Wiseheart . The English in the mean time pursue their expedition and make terrible havock in the Country ; at last the Regent with the assistance of the French , gave them some repulse , which was followed with a perswasive Letter from the English to a Peace : But the Regent with his Regiment of Popish Priests about him , and with whom he consulted alone about it , rejected the proposals , and gives them Battle , but receives a most terrible defeat , and the Priests and Monks paid the shot ; For the English , who well knew , it was by their Advice their Generous Offers had been refused , took terrible Vengeance upon them , and gave them no Quarter that bloody day . But this and other Succesfull expeditions that followed could not prevent the Priestly faction to send their young Queen over into France , which was the thing the English mostly dreaded , as having a desire to have her Married to Edward VI. which would have United both Kingdoms . But now the French had gained that point , they grew very imperious and almost intollerable to the Scots themselves , and at last came to an Agreement with the English to quit Scotland which was done , in May , 1550. The Regents Proceedings had disgusted many , and he began to decline in his Authority , so that he was brought at last by the French Artifice to resign his Office , which by the same Interest was conferred upon the Queen ●owager . But this was out of the Frying-Pan into the Fire , and almost all the time of her Regency was spent with furious contests between her and the Reformed , who , at last with the Assistance of the English , carried the Day ( tho' the young Queen was in the mean time Married to the Dauphine of France ) and the Q. Regent at last was forced to resign her Office by Death , worn out with sickness and with grief that she could not Accomplish her Design . After the Queen Regents Death , Peace was concluded between both Parties , and the French were to leave Scotland , a point the Regent would never yeild to in her life time tho' often prest unto it ; and the Death of Francis the Queen of Scots Husband , now become King of France , occasioned her return into her own Country , and the rather because she found her Mother-in-Law , who managed matters of State now somewhat alienated from her , and she could not endure to truckle to her . Soon after her arrival she dispatched William Maitland , Embassador to Q. Elizabeth to Confirm the Peace lately made , but the Chief of his Errand appear'd to be to press Elizabeth to declare her to be the next Heir to the Crown of England ; which motion , because Queen Elizabeth did not a little stomach , and and I do verily believe had some influence upon Queen Mary's Future Calamity , we shall a little more particularly insist upon , together with the Queens reply to the Ambassador upon it . He began first to acquaint her how highly the Queen his Mistress was affected toward her , and how much she desired to maintain Peace and Amity with her ; he also carried to her Letters from the Nobility , in which was mentioned a Friendly Commemoration of former obligations and Courtesies ; But one thing they earnestly desired of her that both publickly and privately , she would shew her self Friendly and Courteous towards their Queen , and being incited by good Offices , she would not only preserve them in her ancient Friendship , but superadd daily stronger obligations if possible hereunto . As for their part it should be their earnest desire and study to pretermit no occasion of perpetuating the Peace betwixt the two Neighbour Nations , and that there was but one sure way to induce an amnesty of all past differences , and to stifle the spring of them for ever , by the Queen of England's Declaring by an Act of Parliament Confirmed by the Royal assent , That their Queen was Heiress to the Kingdom of England next after her self and her Children , if ever she had any ; And when the Ambassador had urged the equity and reasonableness of such a Law , and how beneficial it would be to all Britain by many Arguments , he added in the close ; That she being her nearest Kinswoman , ought to be more intent and diligent than others in having such an Act made , and that the Queen his Mistress did expect that Testimony of good will and respect from her . To which the Queen of England made Answer to this purpose ? I wonder she hath forgot how that before her departure out of France , that after much urging she promised that the League made at Leith should be Confirmed . She having faithfully engaged it should be so , as soon as e're she returned to her own Country ; I have , continued she , been put off with Words long enough , now it is time , if she had any regard to her Honour , that her Actions should answer her Words . To which the Ambassador replied , That he was sent on that Embassy but a very few Da●●s after the Queens arrival , before she had entred upon the Administration of any publick affairs ; that she had been hitherto taken up in treating of the Nobility , many of whom she had never seen before , who came from diverse parts , to perform their duti●ull Salutations to her ; but that she was chiefly employ'd about settling the State of Religion , which , how troublesome and difficult a thing it is , said he , Your self well know . Hence he proceeded to shew that his Mistress had had no vacant time at all before his departure , neither had she yet called sit Men for her Council to Consult about various affairs : especially since the Nobility who lived in the remotest parts of the North had not been yet able to attend her , before his coming away , with whose advice , matters of s●ch publick moment could , and ought to be transacted . which words somewhat incensed Queen Elizabeth , and said ; What need hath the Queen to make any Consultation about that which she hath obliged her self to under Hand and Seal ? he replyed , I can give no other answer at present , for I received no Command about it , neither did our Q. expect that an account thereof would now be required of me , and you may easily consider with your self what Just causes of delay she at present lies under ; and after some other Words the Queen returned to the main point , and said : I observe what you most insist upon in behalf of the Queen and in seconding the Requests of the Nobles , you put me in mind ; That your Queen is descended from the Blood of the King 's of England , and that I am bound to love her by a natural Obligation as being my near Kinswoman , which I neither can , nor will deny ; I have also made it evident to the whole World that in all my Actions I ne'er attempted any thing against the good and Tranquility of her self and her Kingdom ; those who are acquainted with my inward thoughts and inclinations are conscious , that tho' I had just cause of offence given , by her using my Arms and claiming a Title to my Kingdom , yet I could hardly be perswaded , but that these seeds of hatred came from others and not from her self : However , the case stands , I hope she does not pretend to take away my Crown whilst I am alive , nor hinder my Children , if I have any , to Succeed me in the Kingdom . But if any Calamity should happen to me before , as she shall never find that I have done any thing to prejudice the right she pretends to have to the Kingdom of England , so I never thought my self obliged to make a disquisition into what that right is , and I am of the same mind still , and so shall leave it to those who are skillfull in the Law to determine . As for your Queen , she may expect this confidently of me that if her cause be just , I shall not prejudice it in the least . I call God to witness , that next to my self , I know none that I would prefer before her , or if the matter come to a dispute , that can exclude her ; Thou knowest , said she , who are the Competitors , by what assistance , or in hopes of what Force , can such poor Creatures attempt such a mighty thing ? After some further discourse , the Conclusion was short ; That it was a business of great weight and moment , and that this was the first time she had entertained serious thoughts about it , and therefore she had need of longer time to dispatch it . Some Days after she sent for the Ambassador again , and told him , That she extreamly wondered why the Nobility should demand such a thing of her , upon the first arrival of the Queen , especially knowing that the causes of former offences were not yet taken away ; But continued she , What , pray do they require ? that I having been so much wronged should before any satisfaction received gratify her in so large a manner ; This demand is not far from a threat : If they proceed on in this way , let them know , that I have Force at home , and Friends abroad as well as they , who will defend my just right . To which he answered , That he had shewn clearly at first , how that the Nobility had insisted on this hopefull Medium of Concord , partly out of Duty to their own Queen , in a prospect to maintain her ●weal , and increase her Dignity , and partly ▪ out of a desire to contribute and settle publick Peace and Amity , and that they dealt more plainly with her then with any other Prince . In this Cause , proceeds , said he , your known and experimented good will towards them , and also upon the account of their own safety ; For they knew they must venture Life and Fortune if any body did oppose the right of the Queen , or if any War did arise betwixt the Nations on that Account . And therefore their desires did not seem unwarantable or unjust , as tending to the cradicating the seeds of all Discords and the settling of a firm and solid Peace . She rejoyned , If I had Acted any thing that might diminish your Queens right , then your demand might have been Just , that what was amiss might be amended ; but this postulation is without an Example , that I should wrap my self up in my Winding-Sheet while I am alive , neither was the like asked before by any Prince ; however I take not the good intention of your Nobility amiss and the rather because it is an Evidence to me , that they have a desire to promote the Interest and Honour of their Queen ; And I do put as great a value upon their prudence in providing for their own security , and of being tender of shedding Christian Blood , which could not be avoided if any faction should arise to Challenge the Kingdom , but what such party can there be , or where should they have Force ? But to let these considerations pass , suppose I were inclinable to assent to their demands , do you think I would do it rather at the Request of the Nobles than of the Queen her self ? But there are many other things that avert me from such a Transaction . First , I am not ignorant how dangerous a thing it is to venture upon the dispute , the disceptation concerning the right of the Kingdom I always mightily avoided , for the controversy has been already so much canvassed in the months of many , concerning a Just and Lawfull Marriage , and what Children were Bastards and what Legitimate , according as every one is addicted to this or that that party ; that by reason of these disputes , I have been hitherto more backward in Marrying . Once when I took the Crown publickly upon me , I Married my self to the Kingdom , and I wear the Ring I then put on my Finger , as a Badge thereof , however my Resolution stands , I will be Queen of England as long as I live , and when I am dead let that Person Succeed in my place which hath most right to it , and if that chance to be your Queen , I will put no obstacle to it . But if another hath a better Title , 't were an unjust Request to me , to make a publick edict to his prejudice ; If there be any Law against your Queen 't is unknown to me , and I have no great delight to sift into it , but if there should be any such Law , I was sworn at my Coronation that I would not change my Subjects Laws . As for the Second Allegation , that the Declaration of my Successor will knit a stricter bond of Amity betwixt us , I am afraid rather it will be a seminary of hatred and discontent ; What do you think I am willing to have some of my Grave Cloaths always before my Eyes ? Kings have this peculiarity , that they have some kind of sentiments against their own Children , who are born Lawfull Heirs to Succeed them . Thus Charles VII . of France somewhat disgusted Lewis XI . and Lewis XII . Charles VIII . and of late Francis ill resented Henry , and how it is likely , I should stand affected towards my Kinswoman , If she be once Declared my Heir , just as Charles VII . was towards Lewiss XI . besides , and that which weighs most with me , I know the inconstancy of this people , I know how they loath the present State of things , I know how intent their Eyes are upon a Successor . 'T is natural for all men as the Proverb is , To worship rather the rising than setting Sun. I have learned that from my own times , to omit other Examples when my Sister Mary was sat at the Helm , how eager did some Men desire to see me placed on the Throne , How sollicitous were they in advancing me thereto ; I am not ignorant what danger they would have undergone to bring their design to an issue , if my Will had concurred with their Designs : Now perhaps the same Men are otherwise minded , just like Children when they dream of Apples in their sleep , they are very Joyfull , but waking in the morning , and finding themselves frustrate of their hopes their mirth is turned into mourning . Thus I am dealt with by those , who whilst I was yet a private Woman , wished me so well ; If I looked upon any of them a little more pleasant than ordinary , they thought presently with themselves that as soon as ever I came to the Throne , they should be rewarded rather at the rate of their own desires , than of the Service they performed for me . But now seeing the event hath not answered expectation , some of them do gape after a new change of things in hopes of a better Fortune , for the wealth of a Prince , tho never so great cannot satisfy the unsatiable desires of all Men : But if the good will of my Subjects do flag towards me , or if their minds are changed , because I am not profuse enough in my Largesses , or for some other cause , what will be the event , when the malevolent shall have a Successor named , to whom they may make their grievances known , and in their anger and pet betake themselves ? What danger shall I then be in , when so powerfull a Neighbour Prince is my Successor , the more strength I add to her in assertaining her Succession , the more I detract from my own security ; This danger cannot be avoided by any precautions , or by any bands of Law ; yet those Princes who have hope of a Kingdom offer'd them , will hardly contain themselves within the bounds either of Law or Equity : for my part if my Successor were publickly declared to the World , I should think my affairs to be far from being settled and secured . A few days after , the Ambassador asked the Queen , Whether she would return any Answer to the Letter of the Scottish Nobility ? I have nothing , said she , at present , to answer , only I commend their Diligence and Love to their Prince , but the matter is of such great weight , that I cannot so soon give a plain and express answer thereunto , but when the Queen shall have done her Duty , in Confirming the League she obliged her self to Ratifie , then 't will be seasonable to try my Affection towards her ; in the mean time , I cannot gratifie her in her Request without Diminution to my own Dignity : The Ambassador reply'd , He had no Command about that Affair , nor ever had any Discourse with his Mistress concerning the same ; neither did he then propound the Queen's Judgment concerning the Right of Succession but his own , and had brought Reasons to enforce it ; but as as for the Confirmation of the League by her Husband , 't was inforced from the Queen of Scots without the Consent of those to whom the Ratifying or Disannulling thereof did much concern ; neither was the thing of such consequence , as therefore to exclude her and her Posterity from the Inheritance of England ; I do not enquire , said he , by whom , how , when , by what Authority , and for what Reason that League was made , seeing I had no command to speak about any such matter ; but this I dare affirm , that though it were confirmed by her in Compliance with her Husbands Desire , yet so great a stress depending on it , his Queen in time , would find out some reason or other , why it should and ought to be dissolved : I speak not this , said he , in the name of the Queen , but my intent is to shew , that our Nobility have cause for what they do , that so all Controversies being plucked up by the Roots , a firm and sure Peace may be established amongst us . As this aggravated the Spirits of Queen Elizabeth , so it was no doubt a great Mortification to Queen Mary ; but truckle she must , and so she confirmed the League , resigning any Pretensions to wear the Arms of England and Ireland during the others Life ; and some time after an interview between both Queens was appointed to be at York , but some accidents fell out that prevented it , and though the Queen of Scots was afterwards detained in England for so many years together , ( the causes whereof we are now a going to shew you ) yet they never saw one another all their days ; and because the Story of David Rizzio has so great a Connection with the Misfortunes of this Queen , it will be necessary in this place to give you the Particulars of it . This David Rizzio was born at Turin in Savoy , his Father an honest poor Man , that got a mean livelihood for himself and his Family , by Teaching the Elements of Musick , and having no other Patrimony to leave his Children , he made them all , of both Sexes , skillful Musicians . David was one of the number , who being in the Prime of his Youth , and having an excellent Voice , was by his Skill in Musick raised up to the hopes of a better Fortune ; he went first to Nice , where the Duke of Savoy then kept his Court , but meeting with no entertainment there conformable to his hopes , and contriving every way how to relieve him in his Penury , he light upon one Morretius , who , by the Dukes Command was then preparing to go for the Kingdom of Scotland , whom he followed thither ▪ but Morretius being himself a Man of no great Fortune , and looking upon his Service as useless and unnecessary ▪ David resolved to stay in Scotland , and try his Fortune there , especially because he understood the Queen delighted in Musick , and was not ignorant of the Rudiments thereof her self ; whereupon to make way into her Presence , he first dealt with her Musicians , of whom many were French , to admit him to be one of their Society , which they did ; and having plaid his part once or twice , was liked very well ▪ whereupon he was introduced to be one of their Set or Company , and he so complied with the Queen's Humour , that what by flattering of her , and what by undermining of others , he grew into high Favour with her , and into the extream Hatred of his Fellows ; neither did he Content himself with this favourable blast of Fortune , but he held his equals in Contempt , and by sundry Accusations wormed them out of their places , and began to Treat about Matters of State , and at last was made Secretary , and by that means had private Converse with the Queen apart from others . The sudden advance of this Man from a low and almost beggerly State to such Power , Wealth , and Grandeur , afforded matter of Discourse to the People ; his Fortune was far above his Virtue , and his Arrogance and Contempt of his Equals , and Contention with Superiours , did far exceed his Fortune ; and this Vanity and Madness of the Man was much augmented by the flattery of the Nobility , who sought his Friendship , Courted him , and admired his Judgment , walked before his Lodgings observing his Egress and Regress ; but the Earl of Murray alone , the Queen 's base Brother , but a Man of Virtue and Sobriety , and such as had no Dissimulation in his Heart , was so far from fawning on David , that he gave him many a soure look , which troubled the Queen as much as David himself : Now about this time , did Matthew Steward , Earl of Lennox , get leave of the Queen to return to Scotland , with his Son , Henry Lord Darnley , a young Nobleman of an high Lineage , and most goodly Personage , being Cousin German to the Queen , who received him very Courteously , and delighting daily in his Society , did at last resolve to Marry him . David therefore to make his Party good against Murray , applies himself with great Adulation to this young Gentleman , who was to be the Queen's Husband , so that he came to be so familiar with him , as to be admitted to his Chamber and Bed side , and to secret Conference with him , where he perswaded him , out of his unwary Credulity and forwardness to compass his desires , that he was the chief occasion to make the Queen cast her Eye upon him ; besides , he cast in Seeds of Discord between him and Murray every day , as knowing , that if he were removed , he should pass the remainder of his Life without Affront or Disturbance ; and there being now much talk abroad , not only of the Queen's Marriage with Darnley , and his secret Recourse to her , but also of the too great familiarity between her and David Rizzio , Murray by his down-right dealing with her upon these accounts , got nothing but her Hatred , and so leaves the Court , that he might not be thought the Author of what was acted there ; but the Queen finding that Murray was highly favoured of the People , was so incensed against him , that she hastened his long before designed end , and the manner to accomplish it was thus : Murray was to be sent for to Perth , where the Queen was with a few Attendants , there Darnley was to Discourse him , and in the Conference they all knew he would speak his Mind freely , and then a Quarrel would arise , upon which , David Rizzio was to give the first blow , and then the rest were to wound him to Death . Murray was made acquainted with this Conspiracy by his Friends at Court , yet , come what would , he resolved to go ; but as he was on his Journey , being again advertised of the design by Patrick Ruuen , he turned aside to his Mother's House near Loch-Levin , and being troubled with a Lask , excused himself , and staid there . Thither some of his Friends came to visit him , whereupon a Report was presently spread about , that he staid there to intercept the Queen and Darnley in their return to Edenburg● ; upon this , Horsemen were sent out , but they discover'd no Men in Arms , or sign of any force ; yet the Queen made such haste , and was so fearful in this Journey , as if some great danger had been at hand . This hopeful Plot was the Preludium to the unhappy Marriage that soon after succeeded , to which end a great part of the Nobility were called together at Sterlin , that so the Queen might countenance her Will and P●easure ▪ with some pretence of publick Consent , most of those they sent for were such as they knew would easily give their Assent , or else , that durst not oppose 〈◊〉 many of those so Congregated , assented to the motion ▪ provided always , ●●at no alteration should be made in the 〈◊〉 established Religion ▪ As for Murray he was not averse from the Marriage , for he was the first Adviser that the young man should be called out of England ) but he foresaw what Tumult it would occasion , if it were Celebrated without the Queen of England's Consent ; besides , he promised to procure her Consent , that so all things might go on favourably ; but perceiving there would be no freedom of Debate in that Convention , he chose rather to be absent than to declare his Opinion , which might prove destructive to himself , and no way advantageous to the Commonwealth . The Vulgar also were very free in their Debates about the freedom or not freedom of the Queen to Dispose of her self in Marriage , till at length came an English Ambassador , who declared , That his Mistress did much admire , that seeing both of them were equally Allied to her , they should precipitate so great an Affair without acquainting her with it ; and therefore she earnestly desired that they would stay a while , and weigh the thing somewhat more seriously , to the great Benefit , probably of both Kingdoms . But this Embassy effected nothing , so that Queen Elizabeth dispatched Sir Nicholas Throgmorton to tell the Earl of Lennox and his Son , that they had a Convoy from her to return at a set day into England , and that day was now past , and therefore she commanded them to return , which if they refused , they were to be Banished , and their Goods Confiscated . But this Commination would not do neither , but they persisted in their purpose ; and because the Queen of Scots would not be thought to Marry a private man , she Creates Darnley Duke of Rothsay , and Earl of Ross ; moreover , the Predictions of Wizzardly Women in both Kingdoms , did contribute much to hasten the Marriage , who Prophesied , That if it were Consummate before the end of July , it foretold much future advantage to them both ; if not , much Reproach and Ignominy ; which Predictions , how true , will appear by and by . Besides , there were Rumours spread abroad of the Death of the Queen of England , and the day mentioned before which she should Die. This Marriage was no sooner Consummate and Proclaimed by an Herauld at Arms in Edenburg , and elsewhere , but the People began to murmur grievously , and especially the absent Nobility stormed mightily at it ; and did not only rest there , but take up Arms : but having no good Correspondence one with another , they were soon dissipated and supprest ; and in some time after a Convention of the Estates of the Kingdom was Indicted to be held , that so the Goods of those who were Banished might be Confiscate , their Names struck out of the Nobility , and their Armorial Ensigns torn to pieces . And the Queen was continually solicited by David Rizzio , to cut off some of the Chief of the Faction , and to have a Guard of Foreigners about her Person , ( a project that is wont to be the beginning of all Tyranny , ) and because they should be the more at David's Devotion , they must consist of Italians , his own Country-men ; but because this must not be done bare-faced , they were to come in from Flanders by piece-meal , one by one , and at several times too , which way of procedure was another step towards this Queen's Ruin. But as David's Power and Authority with the Queen daily increased , so the King grew into greater Contempt with her every day ; for as she had rashly precipitate in Consummating the Marriage , so did she as soon repent of it , and gave manifest Indications of her alienated Mind . For as she had presently after the Celebration of the Marriage , publickly proclaimed him King by an Herauld , without the Consent of the States ; and that afterwards , in all her Mandates , till that time , the King and Queens Names were exprest , now she changed the Order , keeping both Names in , but setting her own down first . At length , the Queen , to deprive her Husband of any opportunity to do Courtesies to any , began to find fault with him , that whilst he was busie in Hawking and Hunting , many slight matters were acted unseasonably , or else were wholly neglected : and therefore it would do better that she should subcribe her Name for them both , and by this means he might enjoy his Pleasure , and yet no publick Business be retarded . The poor King was willing to gratifie her in every thing , and yielded to be dismist upon such frivolous Grounds , that so being remote from tha Council and Privacy of publick Affairs , the obligation for all Boons might redound to the Queen her self . For these were her Thoughts , that if her Husbands Favour could do no good Offices to any , and his Displeasure were formidable to none , he would by Degrees come to be contemned of all . And further to increase the Indignity , David was substituted , with an Iron Seal , to impress the Kings Name on Proclamations : Being thus fraudulently Cosened out of Publick Business , least he might also prove an interrupter of their private Pleasures , he was dispatch'd away in a very sharp Winter , to a place called Debly , with a very small Retinue , far beneath the Dignity of some private Persons , for a Prey rather then for any Recreation ; At the same time fell such a quantity of Snow , that the place , which was not very plentiful at best , and besides troubled with Thieves , was enough to starve him , who was bred always at Court , and used to a Liberal Diet : And he would have been in great hazards of wanting Necessaries , had not the Bishop of Orkney casually came thither ▪ for he knowing the scarcity of the place , brought with him some Wine , and other Provisions for his use . The Queen , not Content to advance David , and as 't were , to shew him to the People , from such an obscure Original , on the account before-mentioned , but she took Counsel another way , how to Cloath him with Domestick Honour ; for whereas the Queen had for some Months past permitted more Company than usual to sit with her at Table , that so David's place in the crowd might be less envyed ; She thought , by this shew of Popularity to gain the point , that the unaccustomedness of the ●ight might by the multitudes of guest and daily usage , be somewhat alleviated , and so mens high Spirits by degrees be innured to bear any thing . But at last , it went so far , that none but he and one or two more fate at Meat with her ; and that the narrowness of the Room might detract something from the Envy of the thing , she would sometimes Eat her Junkets in a little Parlour , and sometimes also at David's Lodgings ; but the Methods she thus used to lessen , did but increase the Reflections , for this maintained Suspicions , and administred occasions to add Discourses . Now were Men's Thoughts let loose , and they were influenced the more , that David , in Houshold-stuff , Apparrel , and number of brave and stately Horses , exceeded even the King himself ; and it made the matter look the worse , that all this Ornament did not credit his Face , but that rather his Face spoiled all this Ornament . But the Queen not being able to amend the fault of Nature , endeavoured by heaping Riches and Honour upon him , to raise him up to the Degree of the Nobles , that so she might hide the meanness of his Birth , and the imperfections of his Body too , with the vail of his lofty Promotions ; but care must be had that he should be advanced by Degrees , least he might seem to be but a poor mercenary Senator . The first attempt was made upon the account of a piece of Land , near the City of Edenburg , called by the Scots , Malvil : The Owner of the Land , together with his Father-in-Law , and others that were best able to perswade him , were sent for , and the Queen dealt with the present Possessor to part with his Inheritance ; and she desired his Father-in-Law and Friends to perswade him to it : But this matter not meeting with the desired success , the Queen took the repulse as a great Affront to her , and which was worse , David took it very hainously also . These things being known abroad , the Commonalty began to bewail the sad state of Affairs , and expected that things would grow worse , if Men , eminent for their Families , Estates , and Credit , should be outed of their ancient Patrimony , to gratifie the Lust of a beggerly Varlet . Yea , many of the Elder sort called to mind , and told others of the time , when Cockburn wickedly slew the Kings Brother , and of a Stone-cutter , was made Earl of Marr , which raised up such a flame of a Civil War that could not be extinguished but by the Death of the King , and almost the Destruction of the Kingdom . These things were spoken openly , but Men did privately mutter much worse ; yet the King would never be perswaded to believe it , unless he saw it with his own Eyes ; so that one time hearing , that David was gone into the Queen's Bed-Chamber , he came to a little Door , of which he always carried the Key about him , and found it Bolted on the inside , which it never used to be : whereupon he knocked , but no body answered , and so he was forced to go his ways , but conceived great Wrath and Indignation in his Heart that he could not sleep that Night . From that time forward he consulted with some of his Servants , ( for he durst trust but a very few , many of them having been corrupted by the Queen , and put upon him rather as Spies over his Actions , than Attendants upon his Person ) how to rid David out of the way : His design they approved of , but to find out a probable way to effect it was the difficulty . When that Consultation had been managed for some days , others of his Servants , who were not privy to the Design , suspecting the matter , and there being evident signs of it , went and acquainted the Queen therewith , and withall told her , that they would bring her to the place where they were , and they were as good as their words . For to that end they observed and watcht the opportunity , when others were shut out , and the King had only his Confidents about him , and ordered it so , that the Queen , as if passing through his Chamber to her own , surprized him with her Partizans : whereupon she inveighed bitterly against him , and highly threatned his Domesticks , telling them all their Plots were in vain , for she knew all their Minds and Actions , and would remedy them well enough in due time . Things being brought to this desperate pass , the King thought fit to acquaint his Father , the Earl of Lennox , with his sad Condition ; and after some Conference , they both concluded , that the only remedy for the present Malady , was to reconcile that part of the Nobility which were present , and to recal those that were absent . But great expedition was required in the thing , because the day was near at hand , wherein the Queen had resolved to Condemn the Nobles that were absent , having appointed a Convention of the States for that purpose , against the Wills of the English and French Ambassadors , who interceeded in the case ; for they well knew that the accused had not committed such heinous Offences , and besides , foresaw the danger that would ensue thereupon . About the same time did Queen Elizabeth send her a very obliging and long Letter , full of good Advice in reference to the present State of her Kingdom , and endeavouring to reduce her from a wrathful to a reconcileable Temper . The Queen coming to understand that the Nobility knew that such Letters were come , and that they guessed at the Contents of them , she counterfeited a civiller respect to them than ordinary , and began to read the Letters in the presence of many of them . But when she was got about the middle , David stood up , and bid her , Read no more , she had read enough , she should stop ; which strange carriage of his seemed to them rather Arrogant than New , for they knew how imperiously he had carried it towards her heretofore , yea , and sometimes how he would reprove her more sharply than ever her own Husband durst do . At that time the Cause of the Banished Lords was hotly agitated in the Parliament House ; some to gratifie the Queen's Humour would have the punishment due to Traytors past upon them ; others stiffly contended , that they had done nothing worthy to be so severely used ▪ But David in the mean time went about to all of them , one by one , to feel their Pulses , what every Man's Vote would be concerning the Exiles , if he was chosen President by the rest of the Convention ; And he told them plainly , the Queen was resolved to have them Condemned , that it was in vain for any of them to struggle against it , and besides , who ever did , should be sure to incu● the Queen's Displeasure thereby . His aim herein was partly to confound the weaker Minds betwixt hope and fear , and partly to exclude the most resolute out of the number of the Judges Select , or Lords of the Articles , or at least that the major part might be of such a Gizzard as to please the Queen ; and this audacious procedure and wickedness in so mean a Fellow , was feared by some and hated by all . Whereupon the King , by his Father's Advice , sent to James Douglas and Patrick Lindsey , his Kinsmen , the one by the Father , and the other by the Mothers side , who advise with Patrick Ruven , an able man both for Advice and Execution , but he was brought so low with long Sickness , that for some months he could not get out of his Bed. However they were willing to trust him , amongst some few more , in a matter of so great a Concernment , both by reason of his great Prudence , as also because his Children were Cousin-Germans to the King. But here the King was told by them , what a great Error he had committed before in suffering his Kinsmen and Friends to be driven from Court , in favour of such a base Rascal as Rizzio ; yea , that he himself did in effect thrust them out of the Court with his own Hands , and so had advanced such a contemptible Mushroom , so as that now he himself was abashed and despised of him . They had also much other discourse concerning the State of the publick , and the King was quickly brought to acknowledge his Fault , and to promise , to act nothing for the future without the Consent of the Nobility . But those wise and experienc'd Counsellors thought it not safe to trust the verbal promises of an uxorious young man , as believing that he might be prevailed upon in time by his Wife , to deny this Capitulation , to their certain Ruin , and therefore they thought it adviseable , to draw up the Heads of their Agreement in Writing , to which he willingly and forwardly subscribed : The substance whereof was , That Religion should be established as it was provided for at the Queen's return into Scotland ; That the Persons lately Banish'd should be Recall'd , because their Country could not well want their Service ; and that David must be destroy'd , for as long as he was alive the King could not maintain his Dignity , nor the Nobility live in Safety ; having all set their Hands to this Schedule , wherein the King professed himself the Author of the Homicide ; they presently resolved to attempt the Fact , both to prevent the Condemnation of the Nobility that were absent , as also lest delay might give an opportunity to discover the design ; and therefore , when the Queen was at Supper one evening , the Earl of Argyle's Wife , and David , sitting with her , and that in a narrow private room , and that there were but a few Attendants about them , for the place would not hold many , James Douglas Earl of Morton , with a great number of his Friends , were walking in an outward Chamber , their faithful Friends and Vassals were commanded to stay below in the Yard , to quiet the Tumult , if any should arise : The King comes out of his Chamber , which was below the Queen's , and goes up to her by a narrow pair of Stairs , which were open to none but himself ; and was followed by Patrick Ruven armed , with but four or five Companions more at most , and entring into the Closet where they were at Supper , and the Queen being somewhat moved at the unusual appearance of armed Men , and also perceiving Ruven in an uncouth posture , and meagre by reason of his late Illness , but yet in his Armour , asked him , What was the matter , for the Spectators thought that his Fever had disturbed his Head , and put him besides himself ; but they were soon convinced of that mistake , for he immediately commanded David to rise and come out , for the place where he sat was not fit for him : The Queen presently got up , and sought to defend him by the interposal of her Body , but the King took her in his Arms , and bid her be of good chear , they would do her no hurt , only the Death of that Villain was resolved on ; and thereupon they haled David into the next Room , then into the outer-Room , and there those that waited with Dowglas made an end of him with many Wounds , which was against the Mind of all those that Conspired his Death ; for they had resolved to Hang him up publickly , all knowing it would have been a grateful Spectacle to all the People . There was a constant Report at that time , That one John Damiot a French Priest , counted a Conjurer , told David once or twice , that now he had feathered his Nest , it was time for him to be gone , and withdraw himself from the Envy of the Nobles , who would at length prove too hard for him , and that he should make answer , The Scots were greater Threatners than Fighters : He was also warned a little before his Death , That he should take heed of a Bastard , to which he replied , That as long as he lived , no Bastard should have so much Power in Scotland , as that he had need to be afraid of him ; for he thought his Danger was predicted from the Earl of Murray , the Queen 's Natural Brother ; but the Prophecy was either fulfilled or eluded , by George Dowglass's giving him the first Blow , who was a base begotten Son of the Earl of Angus ; after he had began , then every one rushed in to strike him , either to Revenge their own particular Grief , or the publick Concern . This was the end of the so highly honoured David Rizzio , whose Original and Profession we have given you an account of before , and to which last , with some other of the now recited passages , no doubt of it , Henry IV. of France afterwards alluded , when one in his presence , taking occasion to extol the Wisdom of King James , and calling him by the Name of Salomon , he said , Well he might be termed so , seeing he was the Son of David the Fidler . David was no sooner killed , but a tumult arose all the House over , for the Earls of Huntley , Athol , and Bothwell , who were together at Supper in another part of the Palace , were rushing out , but they were kept within their Chamber by those who guarded the Courts below , and had no harm done them : When Ruven , ( who you see , was a prime Manager of this Affair , and who did as it were give David his Death's Wound , by commanding of him out of the Queen's Presence as aforesaid ) went out of that Privy-Room into the Queen's Bed Chamber , where not being able to stand , because of his Weakness , he sat down and called for something to Drink ; whereupon the Queen fell upon him with such Words , as her present grief and fury suggested to her , calling him a Perfidious Traytor , asking him , How he durst be so Impudent as to be in her Presence , sitting , whereas she her self stood ; this he excused , as not done out of any Contempt or want of the Sense of his Duty , but out of the weakness of his Body ; but gravely and wisely advised her , that in managing the Affairs of the Kingdom , she would rather Consult the Nobility , who had a concern in the publick , than Vagrant Rascals , who could give no pledge of their Fidelity , and who had nothing to hazard , either in Estate or Credit ; neither was the Fact then committed without a President ; that Scotland was a Kingdom bounded by Laws , and was never wont to be govern'd by the Will and Pleasure of any one Man , but by the Regulation of the Law , and Consent of the Nobility ; and if any former King had done otherwise , 't is certain he had smarted severely for it : Neither were the Scots at this day so far degenerated from their Ancestors , as to bear not only the Government , but even the Servitude of a Stranger , who was scarce worthy to be their Slave : This Speech did enrage the Queen more than before ; whereupon the company departed , having placed Guards in all convenient places for fear any Tumults should arise . In the mean time what was transacted flew all over the Town , and as every ones Disposition was , right or wrong , they took Arms , and away they went to the Palace , where the King shewed himself unto them out of a Window , and told the multitude , That he and the Queen were safe , and that there was no cause for their Tumultuous Assembly ; for what was done , was done by his Order , and what that was should be known in due time , and therefore at present every one should go to his own House ; upon which command they withdrew , except some few that staid to keep Guard. Next morning , the Nobles that returned from England , taking the opportunity , offered to come to their Trial in the Town-Hall , being ready to plead their Cause , for that was the day appointed , but none appearing against them , they openly protested it was not their Fault , for they were ready to submit to a Legal Trial , and so every one returned to his own Lodgings . The Queen , under these Perplexities , sent for her Brother Murray , and after a long Conference , gave him hopes that she would for ever after commit her self to her Nobles ; hereupon the Guards were slackened , tho' many thought that her Clemency did presage no good to the publick , for she gathered together the Soldiers of her old Guard , and went through a back Gate by night , with George Seaton , who attended upon her with 800 Horse , first to his own Castle , then to Dumbar : She also carried the King along with her , who for fear of his Life , was forced to Obey . When she came thither , she hastned to gather Forces together , and pretending a Reconciliation with those that were lately returned from Banishment , she turned her fury upon the Slayers of David , and put out a severe Proclamation against them ; many of them that were accused were Banished , some to one place and some to another ; some were Fined , but they that were most Innocent , and therefore thought themselves most secure , were put to Death ; but the principal Contrivers of the Fact were fled , some to England , and others to the Highlands ▪ And such as were least suspected to have an hand in it , were dispossest of their Offices and Imployments , and their Enemies put into their Places ▪ and to colour her rigorous Proceedings against the rest , a Proclamation was made by an Herauld , in such a publick sorrow , not without Laughter , that no man should say , the King had any hand in , or was privy to David's Slaughter ; but what was stranger than all the rest , was , That she caused David's Body , which was Buried before the Door of a Neighbour Church , to be removed in the night , and placed in the Sepulchre of the late King and his Children ; which gave occasion to ill-favoured Reports for the blemishing of her Honour ; for what greater Confession of Adultery with him could she well make , than as far as she was able , to equal such an obscure Fellow , who was neither well brought up , nor had deserved well of the publick , in his last Funerals , with her Father and Brothers ? And to increase the Indignity of the thing , she put the Varlet almost in the Arms of Magdalen de Valois , the late Queen : As for her Husband , she threatned him , and obliquely in her Discourses scoff'd at him , doing her utmost endeavour to take away all Power from him , and to render him as contemptible as she could : But the time of her Delivery now drawing nigh , she was Reconciled to the Earls of Murray and Argyle , and retir'd to Edinburg-Castle , where on the 19th day of June 1566. a little after 9 in the morning , she was brought to Bed of a Son , afterward called James the Sixth of Scotland , and the First of Great Britain . After her Delivery she received all other Visitants with kindness enough , suitable to the occasion of a publick Joy , but her Husband , to whom she should have been most kind but his presence was disdained , and his company unacceptable . And now the Earl of Bothwell is the Man , 't is he that managed all Affairs , and the Queen was so inclined to him , that she would have it understood , no suit would be obtain'd from her but by his Mediation ; and as if she were afraid her favour to him were but mean , and not sufficiently known , she took on a certain day one or two with her , and went down to the Haven called New-Haven , and her Attendance not knowing whether she intended , she went a-board a small Vessel , prepared there for her , by some of Bothwell's Creatures , who were Pyrates of known Rapacy ▪ with this Guard of Robbers , she ventured to Sea , to the Admiration of all good Men , taking none of her honest Servants along with her , and Landed at All●way , a Castle of the Earl of Mar's , where she demoan'd her self for some time , ( saith Buchan●n ) as if she had forgot not only the Dignity of a Queen , but even the Modesty of a Matron ; but these Joys will one Day turn sharp and sower . The Poor King when he heard of her Departure , followed her by Land as fast as he could , his Designs and Hopes , being to be with her , and so enjoy Conjugal Society , as Man and Wife ; but ●e ▪ as an importunate disturber of her Pleasures , was bid to go back from whence he came , and had hardly time allowed him for his Servants to refresh themselves . A few Days after , when she returned to Edenburgh , she would not go into her own Pallace , but took up her Lodgings , where the Annual Convention called the Exchequer Court was then held ; for it seems David Chalmers ▪ a Creature of Bothwell's , had a House near it , whose back Door was Contiguous to the Queen's Garden , through which Bothwell might pass in and out to her at his pleasure ; and the King in the mean time , finding no place for favour , and being tired with impeads , retired after her in discontent ; a while after , the Queen went to Jedburgh , to hold a Convention , and Bothwell in some time to Liddisdail , where he was wounded by a High-way-Pad , and so was carryed to Hermitage Castle , in great danger of his Life ; but when the News was brought thereof to the Queen , then at Barthwick , thô the Winter was very sharp , yet she flew in hast , first to Malrose , then to Jedburgh , and thô she received certain Intelligence there , that Bothwell was alive , yet being impatient of any delay ▪ and not able to forbear , tho' in such a bad time of the Year , notwithstanding the Difficulty of the way , and the Danger of Robbery , she put her self on her Journey , with such an Attendance , as hardly any honest Man , tho' he were but of a mean Condition , would trust his Life and Fortune to . From thence she returned again to Jedburg , and made great and diligent Preparation , that Bothwell should be brought thither ; but here it was that she fell into a sore and most dangerous Sickness , so as no body expected she would have lived ; but she recovered it , being designed for a worse Fate ; when the King heard of her Illness , he posted to Jedburgh , both to give her a Visit , and to testifie his observance , by all the good Offices he could do ; and also to incline her to a better course of Life , hoping she might now repent for what she had done , as Persons in great danger are wont to do . But she on the contrary , gave him not the least Sign of a reconciled Mind , but gave a Charge , that no body should rise up nor Salute him , as he came in , or to give him any Entertainment so much as for one Night ; but at the same time suspecting the Disposition of the Earl of Murray , as courteous and civil , tampered with his Wife , to make hast now to fain her self Sick , and go immediatly to Bed ; that so under colour of that Sickness , the King might be excluded from thence ; yea , she made it her business to enforce him to be gone , for want of Lodging , which he had plainly been necessitated to do , had it not been for one of the Family of the Humes , who for very shame pretended a sudden cause for his departure , and so left his Lodgings free for the King next Day : in the Morning , he was commanded away from thence to Sterlin again , which Order for his return , was the more reflected on , because at the very same time Bothwell was carryed out of the place where be Lodged , to the Queen's Lodging , in the Face of all the People ; and tho' neither of them were well recovered , she from her Sickness , and he from his Wounds , yet they Journeyed , first to Kels● , then to Coldingham , and next to Cragmillen , not caring for the Reports , that were spread of them by the way ; and 't was observed , that the Queen in all her Discourse , professed , that she could never live , unless she were Divorced from the King , and ever and anon said , a Divorce might easily be obtained , if the Popes Bull were recalled ; whereby leave was given them to Contract the Marriage against the Papal Laws : but seeing this matter was not like to succeed , as she expected , she left of other Methods , and applyed her Mind wholly to his Murder . And as a Manifestation of her Affections to Bothwell , and her Hatred to her Husband , when a little before Winter , the Ambassadors of England and France , came to be Witnesses at the Baptism of the Prince ; she strove both by pecuniary and all other industrious ways , that Bothwell should appear the most magnificent of any among all her Subjects and Guests at the Entertainment ; whereas her Lawful Husband at the Baptism , was not allowed necessaries ; yea , was forbid to come in sight of the Ambassadors ; his Servants also appointed for his Daily Attendants , were taken from him , and the Nobility forbid to pay any observance to him ; But in her present carriage , and comportment in times past , by how much the more implacable she was towards him , by so much the more did the People pity him , by seeing a Young and an harmless Gentleman thus reproachfully used , and yet not only to bear it patiently , but even to endeavour to appease her Rage by the Servilest Offices he could perform , that so he might gain some Degree in her Favour . As for his Apparel and Dress , she threw the Fault upon the Embroiderers , Goldsmiths , and other Tradesmen , tho' it was but a false shamless pretence ; For it , was well known to every body , it was her doings . Whereas for Bothwell's Ornament , she wrought many of them with her own Hands ; besides the Foreign Ambassadors were advised , not to enter into any Conference with the King , tho' they were in the same Castle together , for the most part of the Day . The young Gentleman being thus uncourteously used , exposed to the scorn of all , and his Rival honoured before his Face , resolved to retire to his Father to Glasgow , who as some conceived , had sent for him ; and that nothing might be wanting on the Queen's part to shew her accustomed Hatred at his departure , She took away all the silver Plate which he had used ever since he was Married , and put Pewter in their stead ; besides , she gave him Poison before his departure , that so the Evil might be more secret , if he died when absent from the Court ; but the Poison wrought sooner than those who gave it supposed it would ; for he had scarce been gone a mile from Sterling , when such a grievous Pain took him all over his Body , that it was very apparent , his Disease was not usual , but fraudulently design'd ; but he no sooner came to Glasgow , but that the mischief did manifestly discover it self , for there arose blue Pustules all over his Body , with so much Pain and Torment , that there was little hope of his Life ; and when James Abernethy , an able , faithful , and experienced Physician , was consulted about his Distemper , he made present answer , that he had taken Poison : Hereupon he sent for the Queen 's Domestick Physician , but the Queen would not suffer him to go , fearing lest his Skill might Cure him , and she was not also willing that many should know of his being Poisoned . When the Ceremonies of the Baptism were over , and the Company by degrees gone home , the Queen was private with Bothwell , and scarce any other company at Drummond and Tullibardin , a Nobleman's House , where she spent some days about the beginning of January , and so returned to Sterling , and pretended daily to go to Glasgow , but at the same time expected to hear every Minute of the Kings Death ; and to prevent the worst , she resolved to have her Son in her own Power , and that her design might occasion no suspicion , they began to find fault that the House wherein he was kept was inconvenient ; that in such a moist and cold place he might be subject to Rheums ; but the true cause of his removal was far otherwise : for 't was very plain , that the place whither he was carried , was far more obnoxious upon the aforesaid account , by being scituated in a low marshy Ground , having a Mountain betwixt it and the Sun. rising ; whereupon the Child , scarce seven months old , was brought in a very sharp Winter to Edenburg ; but when she there heard , that the King was recovered , as having overcome the Poison by the vigour of his Youth , and strength of his Natural Constitution , she renewed her Plot to destroy him , acquainting also some of the Nobility therewith . In the mean time News was brought her that the King designed to fly into France or Spain , and that he had spoke about it to the Master of an English Vessel which was then in the Frith of Clyde : Hereupon , some thought that an opportunity was offerred her to send for him , and if he refused to come , to kill him out of the way ; yea , some offerred to be her Agents in the thing , and all of them advised that the Fact should be privately committed , and that it should be hastened before he was perfectly recovered of his Illness . The Queen having already gotten her Son into her Possession , that she might also have her Husband in her Power , though not as yet agreed in the design how he should be made away , resolved to go to Glasgow , having , as she imagined , sufficiently cleared her self from his former suspicions , by many kind Letters she had lately sent him ; but her Words and Deeds were not both of a piece , for she took almost none with her in her Retinue but the Hamilton's , and other Hereditary Enemies of the King. In the mean time she commits to Bothwell's Care to do what was Contributary to the Design at Edenburg , for that place seemed most convenient for them to act this Hellish Tragedy , and also to conceal the Fact when 't was perpetrated . For there being a great Assembly of the Nobles , the suspicion might be put off from one to another , and so divided between many . And now when the Queen had tried all the ways she could to dissemble her Hatred , at last by many Chidings , Complaints and Lamentations , she could yet scarce make him believe , that she was reconciled to him ; but comply he does , and so , though hardly yet recovered from his Sickness , was brought in a Litter to Edenburg , to the fatal place designed for his Murther , which Bothwell , in the Queen's absence , had undertaken to provide ; and that 't was an House that had not been Inhabited for some years before , near the City Walls in a lonesome solitary place , beneath the Ruins of two Churches , where no clamour or out-cry could be heard , thither he was thrust with a few Attendants only : for the most of them ( being such as the Queen had put upon him , rather as Spies than Servants ) were departed , as foreknowing the approaching danger ; and those that remained could not get the Keys of the Door from the Harbingers that provided the Lodgings . The Queen amidst all this Impiety , was mighty sollicitous to have all the Suspicion thereof averted from her self , and her Dissimulation had proceeded so far , that the King was now fully perswaded there was a firm Reconcilement between them ; so that he sent Letters to his Father , who stayd behind Sick at Glascow , giving him great Hopes and Assurance , that the Queen was now sincerely his , and commemorating her many good Offices towards him , he now promiseth himself there would be a change of all things for the better . And as he was writing these Letters , the Queen came in on a sudden , and Reading of them , she gave him many Kisses and kind Embraces , telling him withal , that sight mightily pleased her , in that now she discerned there was no Cloud of Suspicion hovering over his Mind . Things being thus well secured on that side , her next Care was to contrive , as much as possible , to cast this Guilt upon another ; and therefore she sent for her Brother the Earl of Murray , who had lately got leave , and was going to St. Andrews , to visit his Wife , who lay there ( as he heard , ) dangerously Ill ; for besides the danger of Child-bearing , she had Pustles , that rose all over her Body , with a violent Feaver . The cause of her detaining him she pretended to be , that she might Honourably dismiss the Duke of Savoy's Ambassador , who came too late to the Princess's Baptism ; but tho' this seemed a very mean pretence to take him off from so just and necessary a Duty , yet he obey'd ; in the Interim , the Queen every Day made her Visits to the King , and reconciled him to Bothwell , whom she , by all means in the World , desired to be out of Gun-shot , of any the least Suspicion : She made him large promises of her Affections for the future , which over Officious-carriage , thô suspected by all , yet no Man was so bold as to advise the King of his danger , in regard he was wont to tell the Queen all that he heard , to Insinuate himself the more into her favour ; only Robert the Queen's Brother , moved either with the Horridness of the Fact , or with pity to the Young Gentleman , took the Boldness to acquaint him of his Wives plot against him , but on this Condition , that he would keep it to himself , and provide for his own safety , the best he could . But the King did for all that reveal it to the Queen , according to his Custom , whereupon Robert was sent for , but he stoutly deny'd it , so that they gave one another the Lie , and were laying their Hands on their Swords ; now the Queen was glad to see , that her Designs were likely to have so good a Conclusion , and therefore she calls for her Brother James , as if he were to decide the Controversie , but the Truth was , that he also upon that Accusation , might be cut off ▪ there was no body else present but Bothwell , who was so far from keeping of them from going together by the Ears , that he would rather have killed him , that had the worst of the Combat , as plainly appear●d by his saying , there was no reason James should be sent for , in such hast , to keep those from Duelling , who , whatsoever they pretended , had no such inclination to it . When this stirr was quieted , the Queen and Bothwell were wholly intent , how to perpetrate the Murder , and how to do it too , with all imaginary Secrecy , and that the Queen might dissemble both Love to her Husband , and a forgiveness of all old Offences , she caused her Bed to be brought from the Palace , into a Chamber below that of the Kings , where she lay after she had sate up late with him in Discourse , for some Nights . In the mean time , she devizes all manner of ways to cast the Odium of the Fact , when committed , upon her Brother James , and the Earl of Morton ; for she conceived , if those two , whose Esteem and Authority she most feared and hated , were taken out of the way , all other things would fall in o● themselves ; she was also invited thereunto by Letters from the Pope , and Charles Cardinal of Lorrain for the Summer before , having by her Unkle desired a Sum of Money of the Pope , for Levying an Army to disturb the State of Religion in Britain ; and the Pope more cunningly , but the Cardinal more plainly , had advised her to destroy those who were the greatest hindrances to the Restitution of Popery , and especially those two Earls by Name , i● they were not taken off ▪ They promised a Mass of Money for the War , but the Queen thinking some i●ckling hereof had come to the Ears of the Nobility , did therefore , to clear her self from any suspicion , or the least inclination to such a thing , shew them the Letters ; but these Villanous Designs so subtily laid , as they thought , were somewhat disturb'd by frequent Messuages from the Earl of M●rray's Wife , how that she had miscarry'd , and that there were but small hopes of her Life . This Message was brought to the Earl on the Lords-day , as he was going to Church , whereupon he returned back to the Queen , and desired leave of her to be gone , but she very much urged him to stay one day longer , to hear certainer News , alledging , that if he made never so much hast , his coming would do her no good ; but if her Distemper did abate , to morrow would be time enough ; but the Earl was fully bent on his Journey , and went his way . Now the Queen had deferred the Murder till that night , and would seem then to be so jo●und and dissolute , as to Celebrate the Marriage of Sebastian , one of her Musick , in the very Palace ; and when the Evening was past in Mirth and Jollity , then she went with a Numerous Attendance , to see her Husband , spent some Hours with him , and was merrier then formerly , often kissing him , and giving him a Ring , as a Token of her Love. But after the Queens departure , the King with the few Servants that were about him , recollecting the Proceedings of the past Day , amongst some comfortable Speeches given him by the Queen , he was much concerned at the remembrance of a few words she had uttered ; for she , whether not able to contain her joy arising from the hopes that the Murder would now be perpetrated ; or whether it fell from her by chance , cast a Word , That David Rizzio was Slain the last Year about that time . This unseasonable mention of his Death , thô none of them liked it , yet because it was now late at Night , and that ●xet Morning was designed for sports and Pastimes , they went speedily to Bed ; in the mean●time Gun-powder was placed in the Room below , to blow up the House , and all other things were craftily and cautiously transacted ; yet in a small matter , they left a Tract , whereby to be discovered . For the Bed in which the Queen used sometimes ●o lye , was taken away , and a worse put in the room of it , as if , tho' they were prodigal enough of their Credit , yet they would spare a little Money ; but before the Queen had left the King one Paris , a French-man , and a Partizan in the Conspiracy , entred into the King's Bed-chamber , and there stood still , yet so , that the Queen might see him , and that was the Sign agreed on betwixt them , that all things now were in a readiness . The Queen , as soon as she saw Paris , as if Sebastin's Marriage had come into her Mind ; she began to blame her self , that she had been so negligent , as not to Dance that Night at the Wedding , as it was agreed on , and to put the Bride to Bed , as the manner is ; whereupon she presently started up , and went home to her Palace , whither when she came , she had a pretty deal of Discourse with Bothwell , who being at length dismist , went into his Chamber , changed his Cloaths , put on Soldiers Habit , and with a few in his Company , passed through the Guards into the Town ; two other Parties of the Conspirators , came several ways to the appointed place , and a few of them entred into the King's Bed-Chamber , of which they had the Keys , ( as I said before ) and whilst he was fast asleep , they took him by the Throat , and Strangled him , and one also of his Servants who lay near him . When they were Slain , they carryed their Bodies through a little Gate , which they had made on purpose in the Walls of the City , into a Garden near at hand , and then they set Fire to the Gun-powder , which blew up the House from the very Foundation , and made such a Noise , that it shook some of the Adjacent Houses , yea , those that were fast asleep in the farthest part of the City , were awakned and frightned at the Noise , when the Horrid Fact was done , Bothwell was let out by the Ruins of the City Walls , and so returned to the Palace , through the Guard , by another way , then that he came ; this was the common report of the King's Death , which held for some Days , and which you 'll find a fuller Confirmation of in due place . The Queen had sat up that Night to wait for the Event , and hearing the Tumult , called together those of the Nobility who were at Court , and Bothwell amongst the rest , and by their advice , sent out to know what was the matter , as if he had been ignorant of all that was done ; some went to inspect the King's Body , which had only a Linnen Shirt on the Upper-part of it , the rest lay naked , and his other Cloaths and Shoes lay near him ; the Common People also in great Multitudes came to see him , and many conjectures there were upon it yet they all agreed , ( sorely against Bothwell's Mind , ) that he could never be thrown out of the House by the force of the Gun-powder , for there was no part , broken , bruised , black or blue about his Body , which , in a Ruin by Gun powder , must needs be ; besides his Cloaths lying near him , were no ways ●●●dged with the Flames , or covered with any Ashes , so that it was impossible it could have been thrown thither by any Casualty , but must be placed there on purpose , by some Bodies Hands ; so Bothwell returned again , and as if he had been in great admiration , brought the News to the Queen , of the sad Disaster , whereupon she went to Bed , and lay secure , soundly Sleeping a great part of the next Morning . Sir James Melvil says , he himself came that same Morning to the Door of the Queens Chamber , where he met the Earl of Bothwell , who told him , her Majesty was sorrowful and quiet , ( a likely matter , ) which had occasioned him to come forth ; and also added , that the strangest Accident had fallen out , that ever was heard on , for Thunder had come out of the Sky , and had burnt the King's House and himself was found dead , lying at a little distance from the House , under a Tree ; then desired Sir Jam●s to go to see his Body , and said there was not any hurt nor a mark on all of it ; but when Sir James had been up to see him , he had been taken up into a particular Room , and kept by one Alexander Durham , so as that he could not get a sight of him . In the mean time , the Pa●ricides , to add Villany to Villany , did spread Reports abroad , and which were carryed by Day-light , to the very borders of England , that the King was Murdered by the Design of the Earls of Murray and Morton ▪ yet every body thought privately with themselves , that the Queen m●st needs be the Author of the Murder ; neither was the Bishop of St. Andrews free from suspicion ; for there were shrew'd Conjectures against him , as the high and cruel enmities between the Families ; that he was never well reconciled to the Queen , before she hatch'd that Wickedness in her Mind ; and that of late , when he accompanyed her to Glascow , he was made acquainted with the utmost of her Projects . And Men's suspicion were encreased of him , because , at that time , he had retired to his Brother's House , the Earl of Arran , which was nigh to the House where the King was Slain ; whereas , before he always used to live at some eminent part of the City , where he might conveniently receive Visits , and curry favour with the People by Feasting them ; and besides Lights were seen in his House , and a Watch all that same Night , from the upper part of the City , and when the Designed Powder Clap was given , then it was observed , the Lights were put out , and his Vassals , many of whom watched in their Arms , were forbidden to go out of Doors . But the true Story of the Matter of Fact , which broke out after some Months , gave occasion to People to look upon those things , as certain Indications , which before were but suspicions only . When the Murder was committed , the Conspirators ( as before hinted , presently dispatch'd Messengers into England , who were to report , that the King was cruelly Murdered by his own Subjects , especially by the Contrivance of the Earls of Murray and Morton ; and the News did so enflame the English to a Hatred of the whole Scotch Nation , that for some Days , no Scotch Man durst walk the Streets , without running the Risque of his Life ; and tho' many Letters past to and fro that made some Discovery of the Secret Contrivance of the Design , yet the People would hardly be appeased . In the mean time , the King's Body was left for a time , as a Spectacle to be gaz'd on , and a great concourse of People continually flock'd to see it ; the Queen having ordered that it should be laid upon a Form or Bier , turn'd up side down , and brought by Porters into the Palace , where she her self view'd the Body , which was the most beautiful and comliest of the Age. The Nobles that were present desired , that a Royal and Magnificent Funeral should be made for him . But she , good Woman , caused him to be carryed out by Bearers in the Night , to be buryed in no manner of State ; and that which increased the Indignity the more , was , that his Grave was made near David Rizzio's , as if she had designed to Sacrifice the Life of her Husband , on purpose to appease the Ghost of that base Varlet . There were two surprizing Prodigies hapning at that time , which are worthy of Relation , and were Construed , as being very Ominous to that poor Prince ; one of them a little preceded the Murder , and thus it it was ; One John Londin , a Gentleman of Fife , having been Sick for a long time of a Fever , did the Day before the King was Murdered , about Noon , lift up himself a little out of his Bed , and as if he had been in great Astonishment , cry'd unto such as stood by him , with a loud Voice , Go help the King , for the Parricides were just now going to Murder him . And a while after he called out with a Mournful Tone , Now 't is too late to help , he is already Slain ; and the Person himself died soon after ; the other did accompany the Murder it self . There were three of the Familiar Friends of the Earl of Athol , the King's Cousin , who were Men of Reputation , for their Valour and Fortunes , that had their Lodgings not far from the King 's , who when they were asleep about Midnight , there seem'd a Man to come to Dugal Stuwart , who was next the Wall , and to pull his Hand over his Beard and Cheek , so to awake him , saying ; Arise , they are offering Violence to us , upon which he presently awakes , and considering of the Apparition with himself , another of them Cries out presently in the same Bed , Who kicks me ? Dugall answered , perhaps 't is a Rat , which us'd to walk about in the Night ; whereupon the Third , who was not awake , got up presently out of his Bed , and was a going to run away , asking , Who was that had given him a Box on the Ear ? Which words were no sooner spoke by him , but that one seemed to go out of the House by the Door , not without some Noise . While they were descanting together on what they had heard and seen , the Noise of the King's House , that was blown up , drove them all into a great Fright . The Earl of Athol highly resented the King's Murder , and so did Murray , which put both of them in danger of their Lives ; nay , Bothwell understanding that Murray was Sick at his own House of the Gout , did under a pretence of Visiting him , design to Murder him , as he had done before ; but Murray had removed a little before to his Brother Robert's House , and so escaped and now the Queen and Bothwell are as unseparable as their Shadows , and take a full swing of their pleasures ; but the Arrival of the French Ambassador , and his insisting how infamous the King's Murder was among Strangers , put some damps , upon their Enjoyments ; besides , they were not a little sollicitous , concerning the Rumours spread of Bothwell , being concern'd in the Fact , and how to avoid the Danger , and clear of all suspicion , was now become the main Head of their Consultation . There was a Design laid before , to have him try'd and acquitted ; for presently upon the King's death , Bothwell and some of his Complices came to the Earl of Argyle , who was Hereditary Capital Judge in Criminal Causes , and first pretended , they were wholly ignorant of what was done , and wondered at it all as a New , unheard of , and incredible thing ; then they proceded to the Examination of it , and to that end Summoned some poor Women out of the Neighbourhood , but they stuck between Hope and Fear , being uncertain , whether they ought to speak , or hold their Peace ; but tho' they were very cautious in their words , yet , uttering more then was expected , they were dismist as having spoken nothing upon any certain Ground ; and as for their Testimony , it was easie enough to dispute it ; whereupon some of the King's Servants , whom the Fire had not destroy'd , were sent for , and being interrogated concerning the Ingress of the Assassines , answered , That the Keys were not in their Power ; and it being urged on them again , in whose Power then ? They reply'd the Queens , whereupon the further Examination was put off , as they pretended , but indeed was quite supprest , for they were afraid , if they went any further , the Court Secrets would become all publickly known . And yet to set a Gloss upon the Matter , a Proclamation was Published , and a Pecuniary Reward was offered to the Discoverers of the King's Murder , but who durst be so bold , as to Impeach Bothwell , seeing he was to be the impleaded , the Judge , the Examiner , and the Exacter ef the Punishment too . Yet this fear which stopped the Mouths of divers single Persons , could not bridle the Multitude , for Libells were Published , Pictures made , and Night-hawkings and Cries were uttered , whereby the Parricides might easily understand , that their whole Design was discovered , who projected the Wicked Fact , and who was assistant to put the same in Execution ; and the more the People were forbidden , the more did their Grief make them speak ; and tho' the Conspirator seemed to despise these things , yet they were so inwardly prick'd and touch'd , that they could not dissemble their Sorrow . And therefore committing the Examination about the King's Death , in which they ought to have proceeded ; they fell more severely and in earnest upon another Guest , and that was against the Authors of Libels , or , as they called it , the Calumniators of the Earl of Bothwell ; and this they so severely prosecuted , that they spared no Pains nor Cost the●e ; and made it Capital , not only to Sell , but even to Read those Libells , when they were Sold ; but they who endeavoured to bridle the Tongues of the People , by threatning Capital Punishments to them , were not satisfied with the King's death , but still retain'd their Hatred against him , though now in his Grave . For the Queen gave her Husbands Goods , Arms , Horses , Apparel , and other Houshold-stuff , either to his Fathers Enemies , or to the Murderers themselves , as if they had been forfeited into her Exchequer . And as these matters were openly acted , so many did as publickly inveigh against them , so that a Taylor , who was to fit some of the King's Cloaths for Bothwell's Body , was so adventurous as to say , now he saw the Old Country Custom verified , that the Executioner had the Cloaths of them that suffered by his Hands . But tho' these things wrought no small disquietude to the Parricides Day by Day , yet nothing stuck so close to them , as the Dayly Complaints of the Earl of Lennox , who , though he would not adventure to come to Court , by Reason of Bothwell's Power , accompanyed with the highest Luxury , yet he so earnestly sollicited the Queen by Letters , that she would commit Bothwell to Prison , who without doubt , was the Author of the King's Murder , till a Day might be appointed to bring him to a Tryal ; that she , tho' eluding his desire by many Stratagems , yet seeing at last , the Examination of so heinous a Fact , could not be avoided , designed to have it carryed on in this manner . The Meeting of the Assembly of the Estates was nigh at hand , and she was desirous before that time , to have the Matter decided , that so Bothwell being absolved by the Votes of the Judges , might be further cleared by the ●u●●●ages of the whole Parliament . This hast was the Cause that nothing was carryed in an orderly manner , or according to the Ancient Custom in that Judicatory Process , for the Accusers , ( as is customary , ) ought to have been cited , with their Kindred , as Wife , Father , Mother , Son , either to appear Personally , or else by Proxy , within 40 Days , for that is the time limitted , by the Law ; but here the Father was only Summoned , without Summoning any of his Friends , only his own Family , which at that time was in a low Estate , and reduced but to a few ; whereas in the mean time , Bothwell flew up and down the Town , with a great many Troops at his Heels , so that the Earl of Lennox thought it not adviseable for him to come into a City full of his Enemies , where he had neither Friends nor Vassals , to secure him ; and supposing there was no danger of Life , yet there could be no freedom of Debate ; but Bothwell appeared at the Day appointed , and came into the Town-Hall , being himself both plaintiff and Defendant too . The Judges of the Nobility were called over , most of them being Bothwell's Friends , and none daring to appear on the other side to accept against any one of them ; only Robert Cunningham , one of Lennox's Family , put a small stop to the Proceedings , for he having liberty to speak openly , boldly declared , the Process was not according to Law nor Custom : Where the Accused Person was so Powerful , that he could not be brought to Punishment , and the Accuser was absent for fear of his Life ; therefore whatsoever should be determined there , as being against Law and Right , was null and void ; yet , they persisted in their Design notwithstanding . And the Issue of the whole was , that they declared , they saw no reason to find Bothwell Guilty ; yet if any man hereafter should lawfully accuse him , they gave a caution that this Judgment should be no hindrance to him ; and some thought the Verdict was wisely given in by them , for the Indictment was conceived in such Words , that the severest Judges could ne'er have found Bothwell guilty upon it , for it was laid against a Murder committed the 9th of February , whereas the King was slain the 10th . Thus Bothwell was acquitted of the Fact , but not of the Infamy thereof , suspicions still increasing upon him , and his punishment seemed only to be deferred ; but any pretence whatsoever , though a shameless one , seemed good enough to the Queen , who made haste to Marry him ; but as a surplusage to his Absolution , there was a Chartel or a Challenge , posted on the eminentest part of the Court , declaring , That though Bothwell was lawfully acquitted of the King's Murder , yet to make his Innocency the more appear , he was ready to decide the matter in a Duel against any Gentleman , or Person of Honour , that should dare to lay it to his Charge : Next morning there was one who did as manfully post up an answer to this bold Challenge , provided the place of Combate were appointed , wherein without danger he might declare his Name : But I do not find the matter proceeded any further : At the same time the Queen was very urgent to hasten the Marriage , and yet withall she desired by any means to procure the publick Consent , that she might seem to act nothing but by the Suffrage of the Nobles ; And Bothwell too , to credit the Marriage with the colour of the publick Authority , devised this Stratagem . He invited all the Nobility of the highest Rank , that were then in Town , as there were divers of them , one Night to Supper ; and when they were Jocund and Merry , he desired they would shew that respect to him for the future , which they had always done heretofore ; but at present , his only request was , that whereas he was a Suiter to the Queen , they would subscribe to a Schedule which he had made about that matter , and that would be a means to procure him favour with the Queen , and respect with all the People : The Lords were all amaz'd at so sudden and unexpected a motion , and could not dissemble their Sorrow , neither yet durst they refuse or deny him ; whereupon a few , that knew the Queen's Mind , began first , and the rest , not foreseeing that there were so great a number of Flatterers there present , suspected one another , and at last all subscribed ; but the day after , when they had recollected what they had done , some of them as ingenuously professed , they would never have granted their Consent , unless they thought the thing had been acceptable to the Queen ; for besides that the matter carried no great face of honesty , and was prejudicial to the publick too , so there was danger , if any difference should arise ( as it came to pass between her and her former Husband ) between her and Bothwell also ; and if he were rejected , it might be laid in their Dishes that they had betrayed the Queen to a dishonourable Marriage ; and therefore before they had run too far , they resolved to try her Mind , and to procure a Writing under her hand to this purport , that she did approve of what they had done in reference to her Marriage ; which Scroul was easily obtained , and by a joint Consent of them all , delivered to the Earl of Argyle to keep . Next day all the Bishops in the Town were called into Court , that they might also subscribe ; this care being over , another succeeded , which was , how the Queen might get her Son into her Power ; for Bothwell did not think it safe for him to have a young Child brought up , who in time might Revenge his Fathers Murder , neither was he willing that any other should come between his Children and the Crown ; whereupon , the Queen , who could deny him nothing , undertook the task her self to bring the Child to Edenburg ; but when she came to Sterlin , the Earl of Mar suspected what was a brewing , and therefore shewed her the Prince , but would not let him be in her Power : The Queen seeing her fraud detected , and not able to cope with him by force , pretended another cause for her Journey , and prepared to return ; but on the Road , either by reason of her overmuch Toll , or for Anger that her Designs , which the Authors thought craftily laid , were unsuccessful , she was taken with a sudden illness , and was forced to retire to a poor House about four miles from Sterlin , where her pain something abating , she proceeded on her Journey , and came that Night to Linlithgow ; from thence she wrote to Bothwell , by Paris , what she would have him to do about her surprize ; for before she departed from Edenburg , she had Concerted with him , that at the Bridge of Almon he should surprize her in her return , and carry her whither he pleased as it 't were against her Will ; the Censure of the Commonalty upon this matter was , that she could not altogether conceal her Familiarity with Bothwell , nor yet could well want it , nor could she openly enjoy it as she desired it , without the loss of her Reputation ; it was too tedious to expect his Divorce from his former Wife , and she was willing to consult her Honour , which the pretended to have a very great regard unto , yet she would provide for her Lust also , of which she was very impatient , and therefore the Device was thought to be very pretty ; that Bothwell should redeem the Queen's Infamy with his own great Crime , the punishment whereof he did not yet fear at all ; but there was a deeper reach in the projected design , as came afterward to be understood ; for whereas the People did every where point at and curse the King's Murderers , they to provide for their own security , by the perswasion , as 't is thought , of John Lesley Bishop of Ross , devised this attempt upon the Queen . 'T is the manner in Scotland , when the King grants a Pardon for Offences , that he that Sues it out expresses his great Offence by name , and the rest of his Crimes are added in general Words ; accordingly the King's Murderers determined to ask Pardon for this surprize of the Queen by Name , and then to have added in their ●ardons by way of overplus , and all other wicked Facts ; in which clause they persuaded themselves , that the King's Murder would be included , because it was not safe for them to name themselves Authors of it in the Pardon , neither would it be creditable for the Queen so to grant it ; neither could it be well added in the grant of Pardon , as an Appendix to a lesser Crime ; another Offence , less invidious , but liable to the same punishment was to be devised , under the shaddow whereof the King's Murder might be disguised and pardoned ; and no other did occur to their view but this pretended force put upon the Queen , whereby her pleasure might be satisfied , and Bothwell's security provided for too ; and therefore , he , with 600 Horse , attended her coming at Almon Bridge , and carried her , by her own Consent , to Dunbar ; where they had free Converse one with another , and a Divorce was made betwixt Bothwell and his former Wife , and that in two Courts : First , She was cited before Judges publickly appointed to decide such Controversies ; and after that , before the Officials , or Bishops Courts , though they were forbid by a publick Statute , to exercise any part of Magistry , or to intermeddle with any publick : Affair ; so that Madam Gordon , Bothwell's Wife , was compelled to Commence a Suit of Divorce , in a double Court before the Queen's Judges ; and what must the Accusation be , but that her Husband was Guilty of Adultery , which was the only just cause of a Divorce amongst them , and this before the Papal Judges , who though forbidden by the Law , yet were impowered by the Archbishop of St. Andrews , to determine the Controversie : Her Allegations against him were , That before their Marriage , he had had too much unlawful or incestuous Familiarity with her Kinswoman : The Witnesses and Judges made no delay in the Case , for the Suit was commenced , prosecuted , adjudg'd and ended all in ten days . On these emergent Occasions a great many of the honest Nobles met at Sterlin , and sent to the Queen , desiring to know of her , Whether she was kept willingly , or against her Will ? If the latter , they would Levy an Army for her Deliverance . It was observed she received the Message not without Smiling , and answered them , that it was true , she was brought thither against her Will , but was so kindly treated ever since , that she had little cause to complain of the former Injury : Thus was the Messenger eluded ; but yet , though they made all the haste they could to take off the reflection of the force , by a lawful Marriage , yet there were two rubs still in the way ; one was , that if she Married while a Prisoner , the Marriage might not be accounted good , and so easily dissolved ; and the other difficulty was how to have the usual Ceremonies performed , that the Bans should be published three Lord's Days in the publick Congregation , of a Marriage intended between James Hepburn and Mary Stuart , so that if any one knew a lawful Impediment , why they should not be joined together in Matrimony , they should then declare the same , that so it might be decided in the Church : to bring this matter therefore about , Bothwell gathers his Friends and Dependants together , resolving to bring back the Queen to Edenburg , that so under a vain shew of their Liberty , he might determine of their Marriage at his pleasure ; To this end his Companions were all armed , but as they were on their Journey , a fear seiz'd on some of them , lest at one time or other it might turn to their prejudice to detain the Queen as yet a Prisoner ; and if there were no other ground for it , yet this was enough , that they accompanied her in an armed manner , when all things were in Peace and Tranquillity , upon which scruple they threw away their Arms , and so brought her in a seeming more peaceable posture to Edenburg Castle , which was then in Bothwell's Power . Next day they accompanied her into the City and Courts of Justice , where she affirmed before the Judges , that she was wholly free and under no restraint at all ; but as to the publishing of the Marriage in the Church , the Reader , whose Office it was , wholly refused it , which was a new Mortification ; but upon his refusal , the Elder Deacons and Ecclesiasticks assembled , as not daring to resist , and commanded the Reader to publish the Banes according to custom ; but the man was so bold , as plainly to tell them , that he himself knew a lawful Impediment , and was ready to declare the same to the Queen or to Bothwell when ever they pleased to Command him ; whereupon he was sent for to the Castle , and the Queen remitted him to Bothwell , who , with all he could do , either by fear or favour , could not divert him from his Resolution , and yet he durst not commit the matter to a Dispute ; yet on he went to hasten the Marriage , and there was none to be found besides the Bishop of Orkney to Celebrate the same , it was he alone that preferred Court favour before Truth ; the rest being utterly against it , and producing Reasons , why it could not be a lawful Marriage with a Person that had two Wives yet living , and had lately confest his own Adultery , and had been also Divorced from a third ; yet though all good Men did loath this way of procedure , and that the Commonalty cursed it , and even the Earls own Kindred , by Letters dissuaded him from it , while it was in prosecution , and abhorred it when done ; there were some publick Ceremonies dissemblingly performed , and Married they were for all that : Those of the Nobility there present ( which were but few , and they Bothwell's Friends and Creatures too , the rest being gone to their homes ) were invited to Supper , and so was Crocke the French Ambassador , who , though he were of the Guisian Faction , and did besides dwell near the place , yet absolutely refused to come , as thinking it suited not with the Dignity of that Person he represented , to countenance that Marriage by his presence , which he heard the common People did Curse and Abominate ; and indeed , the King of France , and Queen of England , did by their Ambassadors declare against the Turpitude of the thing ; and though that was troublesome to the Queen , yet the silent sadness of the People did so much the more increase her fierce Disposition , as things seen pierce deeper than things only heard . As they both went through the City , none Saluted them with wonted Acclamations , only one said , and that only but once , God save the Queen , whereupon , another Woman near her spoke aloud once or twice , so as the standers by might her , Let every one have what his Desert is , which inraged her still the more against the Citizens , so that now seeing the danger she was in by the alienated Minds of her Subjects , she casts about how she might establish her Power , and first of all , she determined to send an Ambassador into France , to reconcile those Princes , and the Guises to her , whom she knew were offended with her precipitate Marriage , and the Bishop of Dunblain was pitch'd upon for that purpose , whose Instructions were Politickly framed , and long , and no great question made but they would do the Business : The Bishop , after his arrival in France , obtains a day of Audience , ( not knowing that by this time Bothwell was forced to fly , and the Queen taken Prisoner , as you 'l hear by and by ) whereof the very same day the French King and his Mother had received Letters , one from Crocke the French Ambassador in Scotland , and another from Ninian Cockerburn , a Scot , who had served as a Captain of Horse some years in France ; The Scotch Ambassador being admitted into the King's Presence , made a long and accurate Speech , partly to excuse the Queens Marriage , without the advice of her Friends , and partly to commend Bothwell to the skies , beyond all Right and Reason ; Hereupon the Queen interrupted the vain Man by shewing him the Letters she had received from Scotland , how that the Queen was made a Prisoner , and Bothwell sted , at which sudden ill News , the Man was astonished , and held his Peace , whilst those that were present partly jeered him , and partly smiled at this unlook'd for accident , and there were none of them all but thought she suffered deservedly . But to return to our Domestick Affairs , the way they projected for their security was , after they had fixed those by Gifts at present , and Promises for the future , who were either Perpetrators or Partizans in the King's Murder , to make a Combination of the greater Nobility ; and if that were once done , they might go on and undervalue the rest , or cut them off , if they remained obstinate ; whereupon they assembled the Nobility , and propounded unto them , the Heads of those Capitulations they were to Swear to ; the Sum of the whole was , that they should maintain the Queen and Bothwell in all their Actings , and on the otherside , they were to Favour and Countenance the concerns of those of the Confederates then present ; a great many were perswaded to it before , and so Subscribed ; the rest perceiving it was bad to Conspire , and as dangerous to refuse , Subscribed also . But the Earl of Murray , that his Authority ( which was great for his Vertue , ) might give some Countenance to the thing , was sent for upon this occasion ; but he after all the Tamperings with him that could be , absolutely refused to Subscribe the said Association , and thereupon got leave with much ado , to Travel ; so went through England into France , where we 'll leave him for a time . The Riddance of whom , as being a free Hearted and popular Man , out of the way , did not a little please the Queen , who now also endeavours to remove the other Obstacles to her Harmony , and those were such as would not willingly Subscribe to her Wickedness , or were not like easily to Acquiesce with her Designs ; but she had a perpetual Hatred towards those , who perceiving her to be no better affected towards her Son , then towards her former Husband , had entred into an Association at Sterling , for no Wicked Design , but to defend the Young Prince , which his Mother desired to have under the Powder of his Father-in-law , who they were sure would not fail to make away with him ; the chief of that Combination were the Earls of Argyle , Morton , Mar , Athol , and Glenoarn , besides others , and some of an inferior Degree , as Linsey , Boyd , with their Friends and Partners ; but Argyl and Boyd were won over quickly to the Queens Party . But all this would not do , for the Families of the Humes , Carrs and Scots , living upon the English borders , and by their Scituation , as well as being otherwise Powerful , became suspected by the Queen , to have a Hand against her in this matter ; and their Power she endeavoured to lessen with all her might , and there seemed a fit occasion to be offered for that purpose ; for Bothwell was preparing an expedition into Liddisdale , to make amends for the Dishonour he had received there the Autumn before , and also to gain some reputation by his Arms , to take off the Envy of the Kings Death ; all the chief of the Families in Teviotdale , were commanded by the Queen , to come to the Castle of Edenburgh , that there for so● short time , they might be secure , as in a free Custody , upon a pretence , that they might not be lead into an expedition , which did not seem likely to be successfully accomplished against their Wiles , and they also , if at liberty , might disturb the Design , out of Envy , and in their absence , she might inure the Clans , to the Government of others , and so by Degrees , wear off the Love of their Old Patrons and Masters ; but they well imagining , there was some deeper Project concealed under that Command , went home by Night , all except Andrew Carr , who was commonly reputed not to be ignorant of the King's Murder , and another Carr at Seaford , an harmless innocent Person ; this exasperated the rest , and Hume being often summoned by Bothwell to come to Court , refused so to do , as knowing what his thoughts were towards him ; notwithstanding the Design for the Expedition went forward , and the Queen stayd at Borthwick Castle , about eight Miles from Edenburgh ; in the mean time , the Prince's Assassinators , being not ignorant of Bothwell's Design , towards him , thought it now necessary to proceed to Action , not only for their own security , but also that by demanding Justice upon the Author of the King's Murder , they might acquit the Scottish Name , from the Infamy , under which it lay among Foreign Nations ; and therefore supposing the Common People would follow their motions , they privily levyed about Two thousand Horse , so that the Queen knew nothing of what was acted , till they came to Borthwick Castle , with part of the Army , and Besieged her and Bothwell therein ; but the other part of the Conspirators not coming at the time appointed , and she having not force enough to stop all passage , and was not so active neither as he might have been , because the rest had neglected their Parts . First , Bothwell made his escape , and after him the Queen , and went directly to Dumbar ; hereupon the Associators proceeded to lay Siege to Edenburgh Castle , with whom the Citizens joyned , but the Governor James Balfour , tho' he seem'd to have a disposition to come over to their Party , and by Surrendring the Castle to make atonement for his former miscarriages , yet he did not so readily do it , but that some elasted first , which gave the Queen and her Party opportunity to grow strong , so that they who were but a little before in despair , grew now bold , and thought to cope with their Adversaries ; and to that purpose marched to Leith with a flow pace , and taking time to distribute Arms to the Country People that came in to her by the way ; at length , a little before night , they came to Seaton , and because they could not be quartered there , they divided their numbers into two Neighbouring Villages , both called Preston ; from whence a fearful alarm was brought to Edenburg before midnight , and presently the word was given , To your Arms ; upon this they rose out of their Beds , and made all the haste they could into the adjoyning Fields , and there having gathered a good Body together by Sun-rising , they set themselves in Battle Array ; thence they marched to Musselborough , to pass the River Eske , before the Bridge and Ford were possessed by the Enemy , but meeting no body , and perceiving no noise at all , they placed Guards and Sentinels there , and went to refresh themselves with Food : In the mean time , the Scouts seeing a few Horsemen , draw them into the Village , but durst not follow them further for fear of an Ambuscade , so that they brought back no certain news of the Army , only that the Enemy was a marching , whereupon the Vindicators of Liberty marching out of Musselburg , saw the Enemy standing in Battle Array upon the Brow of a Hill over against them , and that they kept their Ground ; the Hill being so steep , that they could not come at them without prejudice , they drew a little off to the Right , both to have the Sun on their Backs , and also to gain an easier ascent , that they might Fight upon more advantageous Terms , and this design of theirs deceived the Queen , who thought they had fled , and were marching to Dalkeith , a Neighbouring Town of the Earl of Morton's , and that the terrour of her Royal Name was so great , that they durst not withstand ; but she quickly found , That Authority , as 't is acquired by good Arts , so may be quickly lost by bad , and that Majesty , destitute of Virtue , is soon brought to nothing . When they had refresht themselves , and quenched their Thirst , which much annoy'd them before , as soon as ever they got a fit place , they divided their Army into two Bodies : The Earl of Morton commanded the first , with Alexander Hume and his Vassals ; The second was conducted by the Earls of Glencarne , Marr , and Athol ; and when they were thus ready to give the onset , the French Ambassador came to them , and by his Interpreter , told them , How he had always studied the Good and Tranquillity of Scotland , and that he was still of the same Mind , and therefore earnestly desired , if possible , the matter might be decided to the satisfaction of both Parties , without Arms or Bloodshed , wherein he offerred his Service , alledging , that the Queen also was not averse from Peace , and to induce them the more to believe it , he told them , she would grant a present Pardon and Oblivion of what was done , and faithfully promised , that they should all be Indemnified , for taking up Arms against the Supream Magistrate ; to which the Earl of Morton answered , That they had not taken up Arms against the Queen , but against the late King's Murderers , who , if she would deliver up to punishment , or sever her self from him , then she should understand that they and their Fellow Subjects desired nothing more than to persist in their Duty to her , otherwise no agreement could be made ; and to this , Glencarne added , That they came not thither to receive Pardon for taking up Arms , but to give ; and so the Ambassador seeing no good was to be done , craved leave to depart , and returned to Edenburg , re infecta : In the mean time the Queen's Army kept it self within the antient Camp-Bounds of the English , and it was a place naturally higher than the rest , and besides fortified with a Work and a Ditch , from whence Bothwell shewed himself mounted on a brave Steed , and proclaimed by an Herauld , that he was ready to engage in a single Combat with any of the adverse Party : Hereupon James Murray , a young Nobleman , offerred himself from the other Army , being the same Person that had done so before by a Cartel , but supprest his Name , ( as has been already said ) but Bothwell refused him , alledging , he was not a fit Match for him , neither in Dignity nor Estate ; then came forth his Elder Brother William , affirming , that if Money matters were subduced , he was as powerful as Bothwell , but his Superiour both in Antiquity of Family , and Integrity of Repute , but Bothwell rejected him also , as being lately but made a Knight , and so forth ; At last , Patrick Lindsey , a Person of the first Rank , desired as the only reward of all his Labours , which he had undergone , to maintain the Honour of his Country , that he might be permitted to Fight with Bothwell ▪ but Bothwell , who in the main had no Stomach to Fight , excepted against him too , and not knowing how creditably to come off , the Queen interposed her Authority , and forbidding the Fight , ended the Controversie ; then marching through the Army on Horseback ▪ she tryed how they all stood affected ; but to her great ( disappointment and sorrow , she found no great disposition in the Men to fight : They said there were a great many brave Soldiers in the adverse Army , and that it was sitter for Bothwell , whose chief Quarrel it was , to try it out in a single Duel , than that he● Majesty's Person , and so many Men's Lives should be hazarded upon the account , but that if she were fully resolved to Fight , it was best to defer it till too morrow , for it was said , the Hamiltons were coming with a Body of 500 Horse , and were not far off , with the conjunction of whose Forces , they might then the more safely advise about the main concern ; for at that time the Earl of Huntley , and John Hamilton Archbishop of St. Andrews , had gathered their Clans to Hamilton , and the day after were coming to the Queen ; whereupon she gnashed her Teeth , and fell to Weeping , uttering many reproachful Words against her Nobles , and by a Messenger , desired of the contrary Army , that they would send William Kireadie of Grange to her , that she would Discourse with him about Conditions of Peace ; in the interim , the Army should not advance , ne●ther did the adverse Army proceed , but stood near and in a low place , so as that the Enemies Ordinance might not annoy them : Whilst the Queen was conferring with Kircadie , Bothwell was bid to shift for himself , ( for that was it she aim'd a● by pretending a Conference ) who made such fearful haste to Dunbar , that he commanded two Horsemen that accompanied him , to return back again , such a load of Guilt lay upon his Mind , that he could hardly trust his own Friends ; From whence he went to the Orcades , and for a time exercised Piracy thereabouts , but being at last pursued by some Scotch Ships fitted out for that purpose , he with much ado made his escape , and sailed for Denmark , where giving no good account of himself , whence he came , or whither he was bound , and afterward being known of some Merchants , he was clapt up a close Prisoner , where after ten years nasty Confinement , and other Miseries , he at last grew Mad , and came to a Death suitable to his base and wicked Life . The Queen , when she thought he was out of danger , ( though she shall ne'er see his Face more ) articled with Kircade , That the rest of the Army should march quietly home , and so she came with him to the Nobles , Clothed only with a Tunicle , and that a mean and threadbare one too , reaching but a little below her Knees , a sad spectacle ; Of the Van of the Army she was received , not without Demonstration of their former Reverence ; but when she desired that they would dismiss her , to meet the Hamiltons , who were said to be coming on , promising to return again , and commanding Mor●on to undertake for her , for she hoped by fair promises to do what she would , and finding she could not obtain her Request , she burst forth into bitter Language , and upbraided also the Commanders with what she had done for them , which they heard also with silence ; but when she came to the second Body , they all unanimously cried out , Burn the Whore , burn the Parricide , and had withall a sad spectacle presented before her Eyes , for the late King her Husband was painted in one of the Banners , Dead , and his little Son by him , craving vengeance of God for the Murder ; and this Banner was carried before her whithersoever she went : She Swooned at the first sight of it , and could scarce be kept upon her Horse , but recovering her self , she remitted nothing of her former fierceness , uttering Threats and Reproaches , shedding Tears , and manifesting other concomitant Signs of Womens Grief . In her march she made all the delay she could , expecting , if any Aid did come from elsewhere , but none appear'd : At last , she came to Edenburg a little before Night her Face being covered with Dust and Tears , as if dirt had been cast upon it all the People running to see the spectacle : She past through a great part of the City in great silence , the multitude leaving her so narrow a passage , that scarce one could go a Breast ; when she was going up to her Lodging , one Woman of the Company prayed for her , but she turning to the People told them , besides other Menaces , that she would Burn the City , and quench the Fire with the Blood of the persidious Citizens ; having got into her Apartment , she shewed her self Weeping out of the Window , and there was a great concourse of People without , some of whom did Commiserate the sudden change of her Fortune ; but it was not long e'er the former Banner was held out to her , whereupon she shut the Window and flung in After she had been there two days , she was sent Prisoner by the Nobles Order to a Castle situated in Laugh-Le●in . But now the whole Conspiracy against the late King comes out ; for while these matters were thus agitated , Bothwell had sent one of his faithfullest Servants into Edenburg Castle , to bring him a silver Cabinet , which had been sometimes Fran●is's King of France , as appear'd by the Cyphers on the out side of it , wherein were Letters Writ , almost all , with the Queen 's own Hand , in which the King's Murder , and the things that followed , were clearly discovered , and it was written in almost all of them , that as soon as he had read them , he should burn them ; but Bothwell knowing the Queen's Inconstancy , a● having had many evident Examples of it in a few years , had preserved the Letters , that so if any difference should happen to arise between them , he might use them as a testimony for himself , and thereby declare , that he was not the Author , but only a Party in the King's Murder ; Balfour , the Governor , did deliver the Cabinet to Bothwell's Servant , but withall informed the Chief of the Adverse Party , what he had sent , whither and by whom ; whereupon they took him , and found in the Letters great and mighty matters contained , which though before shrewdly suspected , yet could never so clearly be made forth : but nothing could induce the Queen to separate her Interest from him , and when she was urged to it with Reasons to her advantage ; she fiercely answered , That she would rather live with him in the utmost Adversity , than without him in the Royallest Condition . The Hamilton's , who were very powerful , made some stir yet on her behalf in opposition to the Adverse Party , who were now going to advance her Son , though an Infant , into her Throne , which she was forced to submit to , and to name him Governor , whereof the Earl of Murray , though absent then beyond Sea , was one , who returning soon after , was chosen sole Regent of the Kingdom , and confirmed in the same by the Authority of the Parliament that succeeded ; but about the Queen they differed in their Opinions ; for it appearing by many testimonies and proofs , especially by her own Letters to Bothwell , that the whole Plot of the Bloody Fact was laid by her , some being moved with the Heinousness of the thing , and others being afterwards made acquainted therewith by her ; lest they themselves should be punished as accessary to so odious a Crime , to remove her testimony out of the way , voted , That she should suffer the utmost extremity of the Law ; but the major part only sentenced her to be kept a Prisoner ; but though she escaped now , the time came wherein she lost her Head for but attempting a Fact of the like Nature with this she was now charged with . In the mean time , the Hamiltons , with whom the Earls of Argyle and Huntley joyned themselves , with some others , were sollicitous about the Queen's Restoration and Liberty ; and the Queen , not to be wanting on her part , to promote their Endeavours , having won some of the Regents Relations , and bribed the Master of a Vessel , and taking occasion to send her other Companions about frivolous Errands , was secretly by him conveyed out of the Lough where she was kept : Her escape being told those who were then at Dinner in the Castle , they made a great stir but to little purpose , for all the Boats were haled ashore , and their loop holes to put out their Oars , were all stopped up , that so no speedy pursuit might be made : She was no sooner got out of the Lough , but that there were Horsemen ready on the other side to receive her , who carried her to the several Houses of the Partisans in the Design , and the day after to Hamilton , a Town 8 miles distant from Glasgow , and and at the noise thereof many resorted to her , and in a short time she gathered an Army of about 6500 men : In the mean time the Regent was not idle , but got together what force he could at Glasgow , yet not enough to equal their number ; however , understanding that the Enemy designed to march by Glasgow , and to leave the Queen in Dunbarton Castle , and so either to fight or lengthen out the War as they pleased ; or if they found him to be so bold as to stop their passage , which they believed he durst not do , they resolved then to Fight , and were confident they should beat him ; and the Regent , ( I say ) understanding this , resolved to be before hand with them , and to urge them to Fight as soon as ever he could , and to that end drew out his Men into the open Field before the Town , the way that he thought the Enemy would march , and there for some hours waited for them in Battle Array ; but when he saw their Troops pass by on the other side of the River , he presently understood their design , and commanded his Foot to pass over the Bridge , and his Horse to Ford over the River , which they might do , it being low Water , and so to march to Langside , which was a Village by the River Carth , where the Enemy were to pass , situated at the foot of a Hill to the South-West ; the passage on the East and North was steep , but on the other side there was a gentle descent into a plain , thither the Regent and his Army hasted with such speeed that they had near possest the Hill before the Enemy , who aimed at the same place , understood their design , tho' they marched thither by a nearer cut ; but there were two things that did very much contribute to the advantage of the Regent and his Party ▪ as they were no less a disadvantage to the Queen and her Followers ; for the Earl of Argyle , who on the Queen's part commanded in chief , fell suddenly down from his Horse , sick , and by his fall much retarded the march of his Party ; the other was , that their Forces being placed here and there in little Vallies , could never see all their Enemies at once , whose paucity ( as indeed they were not many ) made the other despise them , and the disadvantage of the place to : At last , when the Queen's Forces drew nigh , and saw the Ground they aimed at taken up by the Enemy , they advanced to another little Hill over against them , and there divided their Party into two Bodies ; so did the other Party into two Wings , placing their Musketeers in the Village and Gardens below , near the Highway . Both Armies being thus Marshalled in Battle Array , the Queen 's Cannoneers and Foot were driven from their Posts by the Regents Forces ; on the other hand the Regents Horse , being fewer in number , were beat back by the Enemy ; and when they had performed that Service , they endeavoured also to break the Battalions of Foot , in order whereunto they charged directly up the Hill , but were beat back by the Archers placed there , and by some of those who after their rout , had rallied again , and joyned with the rest of their Body : In the mean time the Left Wing of the Enemy marched by the Highway , where there was a rising Ground , lower down into the Valley , where tho' they were gall'd by the Regents Musketeers , yet passing by those straits , they opened and rang'd their Body : There it was the two Battalions held out a thick stand of Pikes , as a Breast-work before them , and fought desperately for half an hour , without giving ground on either side , insomuch that they whose long Pikes were broke , threw Daggers , Stands , pieces of Pikes , or Launces , yea , whatever they could come at , into their Enemies Faces ; but some of the hindermost Ranks of the Regents Forces beginning to fly away , ( whither for fear or treachery is uncertain ) no doubt their flight had much disordered those who stood to it , unless the Ranks had been so thick , that the foremost did not well know what the hindmost did ; then they which were in the second Battalion , taking notice of the danger , and perceiving no Enemy coming to Charge them , sent some whole Troops to wheel to the Right , and to joyn with the first , whereupon the adverse Party could not bear their Charge , but were wholly routed and put to flight ; but the Regent , upon the pursuit , forbid the Execution . The Queen stood about a mile from the place to behold the Battle , and after the discomfiture , fled with some Horsemen of her Party , who had escaped out of the Battle , towards England , ( from whence she shall never return to see her Native Country more ) being arrived at a place called Workinton in the County of Cumberland , she dispatched away a Letter to Queen Elizabeth , full of Complaints of hard usage in Scotland , and craving her Assistance and Protection , and leave to come to her ; but the Queen denied her access , and ordered her to be conveyed to Carlisle , from whence she wrote again to the Queen , which brought her case under the Deliberation of the English Council , who at last resolved to detain her in England ; till such time as she should give satisfaction for Usurping the English Arms , and answered for the Death of the Lord Darnley her Husband for Darnley's Mother , the Countess of Lennox , had of late grievously complained to Queen Elizabeth about it , and earnestly besought her to call her to a Tryal for the Murder of her Son , as Mr. Cambd●n in his History of Queen Elizabeth has it . But because her Detention in England might appear to be just in all Foreign Courts , Secretary Cecil , and others of the Council prevailed with Murray the Scots Regent to come into England , to accuse her before such Commissioners as Queen Elizabeth should appoint , and the place of meeting was to be York ; and to that end the Duke of Norfolk , and the Earl of Sussex , with several other Councellors , went to York to hear the Regents accusation : It was observed , the Duke delay'd to receive the Accusation , but at last speaks to Secretary Lidington , that before that time he had ever esteemed him a Wise Man until that time he came before Strangers to accuse the Queen his Mistress , as if England were Judge over the Princes of Scotland , but continued the Duke , how could you find in our Heart to dishonour the King's Mother , or how could you answer afterward for what you were doing , seeing it tended to hazard the King her Sons Right to England , intending to bring his Mothers Honesty in question ; it had been rather the Duty of you her Subjects , to cover her Imperfections , if she had any , remitting to God , and Time to punish and put order thereto , who is the only Judge over Princes : Lidingtown shewing his Innocence and Desire to have the accusation supprest , the Duke asked if the Regent could keep secret , and being thereof assured by Lidingtown , he took occasion next day to enter into a Conference with the Regent , and after some preliminary Discourse , spoke to him to this effect : That he would be very faithful to the Queen his Mistress as long as she lived , but that she was too careless what might come after her , about the Peace and Welfare of her Country , tho' it was the Interest of the Kingdom of England to take greater notice thereof , by determining the Succession , to prevent Troubles that otherwise might ensue , that tho' they had divers times essay'd to do something therein at every Parliament , yet their Queen had evidenced great discontent thereat , shewing thereby that she cared not what Blood was shed after her for the Right and Title of the English Crown , which consisted only in the Person of the Queen and King of Scotland her Son , which had been put out of doubt ere now if matters had not fallen out , so unhappily at home , and yet he and other Noblemen of England , as Fathers of their Country , were minded to be careful thereof , watching their opportunity ▪ but that they wondred what could move him to come there and accuse their Queen ; for albeit she had done or suffered ▪ harm to be done to the King her Husband yet there was respect to be had to the Prince her Son , upon whom he and many in England had fixed their Eyes , as Mr. M●lvill , who had been late Ambassador there could testifie ▪ he therefore wished that the Queen should not be accused ▪ nor dishonoured for that to her Sons sake and for respect to the right both had to succeed to the Crown of of England , and further the Duke said , I am sent to bear your Accusation , but neither will I , nor the Queen my Mistress , give out any Sentence upon the Accusation , and that you may understand the verity of this point more clearly , you shall do well the next time that I require you before the Council , to give in your Accusation in Writing , to demand again my Mistress's Seal and Hand Writing , ( before you shew your Folly ) that in case you accuse , she shall immediately Convict , and give out her Sentence according to the proof of the matter , otherwise that you will not open the Pack ; which if her Majesty shall refuse to grant unto you , which doubtless she will do , then assure your self that my Information is true , and take occasion hereupon to stay from further Accusation . This Discourse catched the Regent , and he promised to comply therewith in every part , and so at the next meeting with the Council , demanded the foresaid security from the Queen , before he would give in his Accusation , hereupon they sent Post to Court to know what to do , and the Queen's answer was , That being a true Princess , her Word and Promise would be abundantly sufficient , Cecill and Wood ( the Regents Secretary ) were amazed at this manner of procedure , and therefore it was advised to desire the Lords on both sides to come from York to Court , where the Queen was able to give more ready answers and resolves : In the mean time , the Duke , Regent , and Lidingtown , put their Heads together , and agreed , That the Regent should by no means consent to accuse the Queen , and that the Duke should obtain to him the Queen's Favour , with a Confirmation of the Regency , and so would go on as sworn Brethren , the one to Rule Scotland , and the other England , &c. When the Regent was arrived at Hampton-Court , where the Queen then resided , he was daily prest to give in his Accusation , especially by those about him , who thought it strange , that he should be so slow , until at length they were advertised by one of the Lords of the Queen's ●action , of all that had past between the Regent , and Duke of Norfolk , for the Duke had secretly given the Queen of Scots notice of what he had done , she to one of her Confidents , who advertised the Earl of Morton of the whole ; Morton took it very ill that the Regent should engage in any such thing without his knowledge , but before either he or his Friends would take upon them to know any thing of the matter , they consult together and resolve to get Mr. John Wood to acquaint Cecil with the whole , desiring him to press forwards the Accusation , wherein of himself he was abundantly eager ; They left nothing and one for their part to effectuate the same , putting the Regent in hopes one while , that the Queen would give her Hand and Seal , that she would Convict the Queen of Scots if he accused her ; others of the firmest of them ▪ persuaded him that she would ne'er give it under Hand and Seal , designing thereby to distract him , to see what he would do in case he obtain'd his Desire : Mr. Wood said it was fit to carry in all the Writs to the Council , and he would keep the Accusation in his Bosom , and would not deliver it till the thing demanded of the Queen was first granted . The rest of the Regents , Lords and Councellors , had concluded among themselves , that as soon as the Duke of Norfolk as chief of the Council , should require the Accusation , they would all with one Voice persuade the Regent to give it in ; Lidingtown and Sir James Melvill prest the Regent to remember his Engagements to the Duke , who replied , he would do well enough , and that it would not come to that length ; and being accordingly brought before the Council , the Duke demanded the Accusation , the Regent required assurance from the Queen for the Prosecution , in case he gave it in 〈◊〉 to this it was answered as before , that the Queen was a true Princess , and that her Word was sufficient , and all the Council cryed , Would he distrust the Queen , who had given such proof of her Friendship to Scotland ? The Regents Council chimed in with them , and said the same thing ; whereupon Cecill ●ed , If they had the Accusation there ; yes , says Mr. Wood , and with that pluckt it out of his Bosom , but I will not deliver it says he till her Majesty's Hand and Seal be delivered to the Regent for what he demands ; he had no sooner said the Words , but the Bishop of Orkney snatch'd the Paper out of his hand , saying , Let me have it , I 'll present it , Wood ran after him , as if he would have taken him , but up gets the Bishop to the Council Board , and gives in the Accusation , which made the Lord Chamberlain of England cry out , Well done Bishop , thou art the frankest Fellow among them all , none of them will make thy leap good , meaning his former leaping out of the Lord Grang's Ship to save himself ; but Lidingtown seeing the Regents unconstancy , rounds him in the Ear , that he had disgraced himself , and put his Life in danger by the loss of so good a Friend as the Duke of Norfolk , and that he had lost his Reputation for ever . The Regent soon repents his Folly , and desires to have the Accusation again , alledging he had some more to add thereto ; but was answered , That they would keep what they had , and were ready to receive any addition he should please to give in : The Duke of Norfolk had much ado to keep his Countenance , Wood tip'd the wink upon Cecil , who smiled upon him again ; the Regents company were Laughing , only Lidingtown had a sorrowful Heart , and the Regent himself left the Council with Tears in his Eyes , and retired to his Lodgings at Kingstown , and continued there for a long time in great displeasure and fear , without Money to spend , or hopes to get any from the Queen . In the mean time , the Agreement between the Duke and Regent was told the Queen : for Morton caused one John Willock to declare what had past between them to the Earl of Huntingdon , who caused the Lord Leicester to acquaint the Queen therewith . The Duke finding how all things stood , thought to out-brave it , and stuck not to tell the Queen her self , While he lived he would ne'er Offend her , but Serve and Honour her , and after her , the Queen of Scots , as in his Opinion , truest Heir , and the only means for saving of Civil Wars and much Bloodshed that might fall out ; which Words were as a Dagger to the Queen's Heart , though for the time she dissembled her Displeasure ; but to further this great Man's Fall , though Sir Nicholas Throgmorton seemed to mean honestly , he got the Duke and Regent reconciled again , and then the Duke declared to him , that he was resolved to marry the Queen of Scots , his Mistress , and that he would never permit her to come into Scotland , nor yet that she should ever Rebel against the Queen of England during her time , and also that he had a Daughter who would be a fitter Match for King James than any other for many Reasons , and so procured the Sum of Two Thousand Pounds from the Queen for the Regent , for which himself became security , and was forced afterward to pay the same : When the Regent had got the Money , he was easily induced by some about him , to acquaint the Queen with all that had past between the Duke and himself , and withall engaged to transmit back unto her all the Letters which the Duke should write to him when he came into Scotland , which was done accordingly : The Duke was then the greatest Subject in Europe , he Ruled the Queen , and all those that were familiar with her , and was Courted by all Factions , both Protestants and Papists , both paying him a very great Deference , and at that time commanded all the North of England , and it was in his Power to have set the Queen of Scots at liberty if he had pleased ; but when the Queen had had his Letters from Scotland , she sent for the Duke to come to Court , whereupon he first posted in haste to Secretary Cecil , on whose Advice and Friendship he much relied , who told him , there was no danger , he might come and go at his Pleasure , no man would , or durst offend him , and so the Duke only with his own Train came to Court , Cecil in the mean time informed the Queen , that the necessity of the time obliged her not to omit this occasion , but to take the matter stoutly upon her self , and forthwith command her Guards to lay hands upon the Duke , or else no other durst do it , which if she did not at this time , she would endanger the safety of her Crown : The Queen embraced the Advice , and so orders the Duke to be secured , when he thought all England was at his Devotion , who after a long Imprisonment , was Executed , ending his Life , ( as Sir James Melvill says ) devoutly in the Reformed Religion . From , Carlisle this forlorne Queen was removed to Bolton , under the custody of Sir Francis Knowles , and from thence to Tutbury , under the Care of the Earl of Shrewsbury , and in whose custody she remained for the space of Fifteen years ; but the many Attempts made for her Liberty , and other more dangerous suspicions increasing against her , caused her to be committed to the keeping of Sir Anias Pawlet , and Sir Drue Druery , where she sollicited with more greater importunity than ever , the Bishop of Rome , and the Spaniard by Sir Francis Inglefield , to hasten what they had in hand with all speed against the Queen of England , whatever became of her ; and at length , holding correspondence with Babington and the rest of the Conspirators against Queen Elisabeth's Life , which you may read in Cambden's Elizabeth at large ; this drew on the fatal Day , whereon she was to be called to an account for what she had done ; and to this end it was agreed to have her Tryed upon the late Statute made against such as should attempt any violence against the Queen's Person , &c. and 24 Lords , and others of inferior Degree , were Commissionated by the Queen's Patent for her Tryal , who met Octob. 11. 1586. in Fothringham Castle in the County of Northampton , where the Queen of Scots was then in custody , and next day sent Sir Walter Mildmay and others to her , with the Queen's Letter about her Crimes and Tryal ; which when she had read , she complained of her ill usage , excused her carriage , and seemed to question the Commissioners Authority , but they justify their Authority , and advise her to appear to her Tryal ; but she excepted against the new Law , and required to have her Protestation admitted , which was denied ; at length she is brought on the 14 th Day to appear , to whom Bromley the Chancellor made a Speech , how Queen Elizabeth their Sovereign being informed of her Conspiracies against her Life , she was now called upon to Answer for the same , and to clear her self if she could , and make her Innocency appear to the World ; here she would have urged her Protestation again , of being no Subject of England , but a Crowned Head , but that being again rejected , she submitted her self to a Trial , and after a long Hearing , and several proofs made of her being privy to the Design against the Queen's Life ; and of her intention to convey her Title and Claim to the Kingdom of England , to the Spaniard , &c. The Court Adjourned till the 25 th of October , to the Star-Chamber at Westminster , at what time Wacee and Curle her Secretaries , did viva voce , voluntarily , and without hope of Reward , avow all and every the Letters and Cop●es of Letters produced at the Trial to be True and Real , upon which , Sentence was pronounced against her , and Ratified by the Seals and Subscriptions of the Commissioners , in these words : By their unanimous Consent they do Pronounce and Declare this judicial Verdict , and say , that after the end of the said Parliament ( specified in the Commission ) viz. After the first of June in the Seven and twentieth year of the Queen , divers Matters were compassed and imagined in England by Anthony Babington and others , with the Privity of Mary Queen of Scots , pretending Title to the Crown of England , tending to the hurt , death and destruction of the Royal Person of our Sovereign Lady the Queen : and furthermore , that after the said Day and Year , and before the Date of our Commission , the said Mary , hath compassed and imagined in this Kingdom of England , divers Matters tending to the hurt , death and destruction of the Royal Person of our said Sovereign , against the Form of the Statute specified in the said Commission . Soon after a Parliament was called , wherein the House of Peers , by the Chancellor , petitioned the Queen , that the Sentence might be promulgated ; and withal , besought Her Majesty for the Safety of Her Person and Kingdoms , to execute Justice on the Queen of Scots ; the Queen in her Answer , shewed a great reluctancy to cut her off ; but concluded with Her Thanks for their Care and Advice ; but in a case of so great consequence , said , She would not be rash , but consider , and some Twelve days after desir'd the Parliament to consult some other way of Safety , and to spare the Queen of Scots , but they persisted in their former Advice , so that some time after the Sentence was proclaimed throughout London , and all the Kingdom : King James upon the news , sends one Kieth to Queen Elisabeth , to intercede on his Mothers behalf , and after him came the Master of Gray , and Sir Robert Melvill , to whom She said , She was sorry no way could be found out , to Save their King's Mother , and secure her own Life ; they offer Pledges of the Scots Nobility for Her Security ; and wondred what should move any Man to attempt any thing against Her Majesty for Queen Mary's sake ; because , said Queen Elisabeth , they think She shall succeed me , and She a Papist ; they to salve this Proposed , that the Right of Succession might be made over in King James's Person , and this would cut off the hopes of the Papists , and they were sure Queen Mary would readily resign all her Right to Her Son ; but Queen Elisabeth urged , She had no Right , being Declar'd uncapable of Succession , tho' the Papists would not allow her Declaration , and this brought them again to press the Resignation , but the Earl of Liecester , who stood by , objected , that Queen Mary being a prisoner , she could not deny 't : the Scots Answer , That it being made to her Son , with the Advice of all her Friends in Europe , in case Queen Elisabeth should miscarry , none will partake with the Mother against her Son , &c. Here the Queen misunderstanding the Ambassador's meaning , was told that the King would be in his Mother's Place ; Say you so , said she , 'Sdeath , that were to cut my own Throat ; he shall ne'r come to that place and be Party with me ; and added , Well , tell your King what I have done for him to keep the Crown on his Head , since he was Born , and for my part , I shall keep the League betwixt us , and if he break it , it shall be a double Fault , and in passion got away ; Melvill followed her , praying respite of Execution ; not an Hour , said she , and so they parted . Some time after she Signed a Warrant for a Mandate fitted for the Great Seal , for her Execution , and entrusted the same with Davidson , one of her Secretaries , to be in a readiness in case of danger ; but he too hastily got it to pass the Seal , which some said , she would afterwards have recalled , but was prevented by the earnest prosecution of Beal , Clerk of the Council , who was sent by them to the Earls of Shrewsbury , Kent , Derby and Cumberland , to take care of her Execution , unknown to the Queen ; for it was said , that she should tell Davidson at that instant that she was resolved of another way then by death ; the Earls arriving at Fotheringham Castle in Northamptonshire , where she was detained , gave her notice on Monday , Feb. 6. 1586. to prepare for Death the Wednesday next following , but one ; when the fatal day came , she was cloathed in Black , had an Agnus Dei about her Neck , a pair of Beads at her Girdle , with a Golden Cross at the end of them , and so passed through the Hall , and mounted the Scaffold , raised Two Foot high , and Twelve broad , Railed about , with a low Stool , a Cushion , and a Block , all covered with Black ; being set down , the Lords and the Sheriffs of the County stood on her Right Hand , Sir Annias Paulet and Drewry on her Left ; the two Executioners , one the Common Hangman of London , and the other of the County , standing before her , and the Knights and Gentlemen placed round about without the Rail ; Silence being made , the Clerk of the Council , having read the Commission for her Execution , the People shouted and cryed , God Save our Queen ; then Dr. Fletcher , Dean of Peterborough standing before her , gave her several Godly Exhortations , as preparatory for her Death , but she little regarded him , and at last interrupted him , saying he needed not trouble himself , that she was a Roman Catholick , and so forth , then the Earls offered to join in Prayer with her , that she might be enlightned in the true Faith , but that she refused to do , saying , she would use her own Devotions ; then they required the Dean to Pray , who did it with an audible Voice , the Queen all the while sitting on her Stool , with a Latin Prayer Book in her Hand , a Crucifix and a pair of Beads , and not minding what he said ; when the Dean had done , the Queen with her own People , all in Tears Prayed aloud in Latin , and concluded her self with an English Prayer , professing to be Saved by Christ's Blood , and thereupon kissed the Crucifix ; then her Women begun to undress her , and one of the Executioners taking from her Neck the Agnus Dei tyed behind , the Queen laid hold on it , gave it to her Women , saying , he should have Money ; but she suffered them and her Women to take off her Chain and Apparrel in some haste , always smiling , and put off her strait Sleeves with her own Hands , hindring the Fellow who rudely offer'd at it , to do it ; and now being in her Petticoat and Kirtle , prepared for Death ; she crossed and kissed her Women , who were lamentably skreeking and crying , and crossed also her Men-Servants who stood without the Rails , and then kneeled upon her Cushion , saying in Latin the whole Psalm , In te Domine confido , ne eoufundas in aeternum , and groping for the Block , laid down her Head , putting her Chin over the Block with both her Hands , and held them there , which might have been cut off with her Head , had they not been timely espyed : being thus fixed , while one of the Executioners gently held her down , the other , with two stroaks with the Axe , severed her Head from her Body , leaving only a little Gristle uncut , without the least stir or motion of the Body ; and lifting up her Head , said , God Save our Queen ; her Lips moved for about a Quarter of an Hour after , and her Head-Cloaths falling off , her Head appeared as Grey as if shee had been Seventy years old , whereas she was but Forty six . Having thus brought this unhappy Queen to her fatal Catastrophe , we now return to her Son James VI. who notwithstanding afterward his vain ●oast of his inherent Birth-right , when he came to be King of England , during her long Captivity in England , being above 18 years , possest her Throne in Scotland ; he was Born on the 19 th of June , in the year 1566 , and about Fourteen Months after Crowned King in his Mother's stead , she being forced by the Nobles to resign to him . The Kingdom , during some part of his Minority , was Governed by the Earl of Murray , as Regent , but he being murthered basely by one Hamilton at Lithgow ; Matthew Stuart Earl of Lenox , the King's Grandfather was advanced into his room ; during whose Regency two Factions continued as before , the one for the young King , and the other for the Deposed Queen : but by the means of Sir James Melvill and others , the Queen was brought upon the point of Agreement with the Regent ; but the Earl of Morton returning to Court , he and Randolph the English Ambassador suspecting the probability of such an apparent agreement , which had been kept secret from them , they fell a plotting which way to obstruct the same , and resolved , as the most probale means to have a Parliament convened , and therein got all the Queens Lords forefaulted , whereby the Regent should utterly ruin the ancient Families of the Hamiltons ; and this would afford a bait to every one of the King's Lords , seeing they should be made sharers of the spoil , and every one of them get wealth enough ; Mr. Randolph for their incouragement , gave them assurance from England , so as they needed not fear any resistance from their Adversaries ; and Morton to clench the Nail , First represented in Council , that the Queen's Lords had an intention to re-establish Popery ; upon which Allegation he knew he would make them odious to the generality of the People , and upon their being Forefaulted , that each of them should have a share of the said Lord's Estates , which brought the Council readily to consent to a Parliament , to be held at Sterling to the same purpose . The Queen's Lords to be even with them , held another Parliament at Edenburgh , at the same time , and with the same Design of Forefaulting , as the King's Lords ; in the mean time the Laird of Grainge was highly concerned at those violent proceedings , wherefore he sent for the Laird of Fer in haste , and Buccleugh , to come to him one Evening to Edenburg with a good Guard along with them , and tell them , according to the projection had already devised , that that same Night after they had Supped , and fed heir Horses , they should ride with them to Sterling , so as to be there early in the Morning , before any of the Lords who held the Parliament were out of their Beds , hoping by the Intelligence he had received , assuredly to surprize them before they could be advertised thereof : the Project they all readily agreed to , but they would not allow Grange to go along with them , for fear any disaster should befall him , who was the Life of them all , and so on they march , under the Leading of the Earl of Huntley , and some others , and were got to Sterling by Four next Morning , whereinto they entred by a little passage , being conducted by a Townsman , one George Bell ; which entry of theirs , was immediately after their Night watches had retired to their Rest ; they divided their Men into several Partys , and appointed such as they thought meetest at every Lord's Lodgings ; leaving one body under Capt. Hackerston at the Market-Cross , to see good Order kept , and to prevent any spoil to be committed ; only they ordered the Stables to be searched , and all the Horses in the Town to be carried away , which was punctually executed ; but because Captain Hackerstown did not come in due time with his Company , to attend at the Market-Cross according to appointment , a Company of unruly Servants broke open the Shops , and run up and down to take what spoil they could get ; in the mean while , after they had taken out all the Lords from their Lodgings , and were leading of them prisoners down the steep Causey of Sterling , on foot , intending to take them Horses at the Nether-Gate , and to ride to Edenburg with their Captives ; those within the Castle hearing the noise of the Townsmen crying out , because of the plundering of their Houses , and considering what a disgrace it would be to them , if they did not shew themselves Men upon such an occasion ; they Sallied out boldly , and perceiving the disorder of the Enemy , rescued all the Prisoners saving the Regent , whom one shot in the Back , at the Command ( as was alleged ) of the Lord Pachey ; he died of the Wound some days after . The next Regent was the Earl of Mar , the Discord still continued : His Government held not long , for being one day invited to Dinner by the Earl of Morton , he returned home and sickned , died soon after , not without vehement suspicion of having been poisoned at his Banquet . Morton came in after him Regent , the Division between the Lords not yet made up , some Overtures of an Accommodation were made , but the Queen's Lords finding the Regent not sincere in all Respects , refused the Agreement , and were at last Besieged in Edinburgh Castle by an English Army , which they surrendred upon Articles that were basely broke , and most of them executed : The King now growing up , began to hate the Regent , he being aware of it , ●ed those about him to infuse in him a good Opinion of him , but in vain , and so a Council was appointed at Edenburg , wherein it was agreed to Depose him , Morton thereupon retires to the House of Lochleven , within the Lough for his greater security ; but while he was there his Head was continually a plodding how he might again become Master of the Court then at Sterling , which he accomplished in the dead of one night , in this manner . When he came to the Gates of the Castle , they were opened to him by the two Abbots , and a Faction they had drawn in there with them , though the Master of Mar and Earl of Argyle made what resistance they could ; yet Morton prevailed , but handled the matter so discreetly and moderately as possible he could , that the alteration might not appear to be over sharp or violent ; but the Lord Aubonie , about that same time coming into Scotland from France , which Lord was afterward Created Duke of Lennox , and was Brothers Son to the late Earl of Lennox : He and James Steward of Oghiltrie , did in a short time gain the ascendency over the King's Affections , who was like a Tennis-Ball tossed from one Favourite to another , all his days , they framed an Accusation against Morton , and got him committed to Edinburgh Castle , from whence in a short time he was brought to his Tryal and Condemned , for having an hand in the Lord Darnley , the King's Father's Murder ; that he was privy to the same he did not deny at his Execution , and withall confessed , that he had a design to send the young King into England for his Safety ; and so there 's another Governor gone , who was the fourth and last , and every one whereof died a violent Death : and now the King assumes the Government himself , and if he was unhappy during the time of the Regency , I think it will appear it was no better with him ever after , for he himself was as much governed now by his Favourites and Sycophants , as the Kingdom had been by a Regent ; and the first into whose Hands he fell , was Aubonie , now Created Duke of Lennox , and a Papist , and the aforesaid James Steward , who assumed to himself the Style and Title , and then the Earldom of Arran ; These two led him by the Nose at their Pleasure , and carried all things with an high Hand , lording it over the rest of the Nobility , and aiming at their Estates , which made them begin to look about them , and concluding after serious Consultation , that from two such Counsellors no wholsome Advice could proceed for the Peace of the Country , and Establishment of Religion , but rather , if they were suffered to go on still , both the one and the other would be endangered ▪ they resolve to remove them ▪ The King was at that time designing to go from Athol to Dumfermling to take his usual Divertisement of Hunting , where the Lords designed to encounter him with a supplication full of Complaints , against the Duke and Earl , with pressing Instances for the removing of them ; and least their supplication should miscarry , they backt it with strong Forces which could not be resisted ; The King had but a very few attendance at Dumfermling , for Lennox staid at Dalkeith , and Arran at Kinweel , and several of the Council were gone to hold the Assizes in divers Shires of the Country ; Sir James Melvill was at Edenburgh , whither a Gentleman one morning came to his Bed-side , and told him , that he had formerly done him several kindnesses , which till then he was never able to recompence , but that now he would make him an Instrument of saving the King his Master out of the Hands of those who were upon an enterprise to take and secure him ; Melvill replied , he could hardly believe such a thing , but that he feared the Duke of Lennox might be in danger , who was gone to Glasgow , because of the Hatred that was bore to him by the Nobility ; The Gentleman subjoyned , they will lay hands first on the King's Person , and then the Duke , and Earl of Arran dare no more be seen , their insolency being looked upon as the Cause of almost all the Disorders of the Nation ; and when he had so said , he desired the King might be acquainted with the matter , but to have his Name concealed from him , for he said , that design would be put in execution in ten days time , and as Sir James started up to put on his Cloaths , he slipt out at the door with a short farewell . Sir James upon this Information rides with all the expedition imaginable to Dalkeith , where the Duke of Lennox then was , and laid the whole matter open before him , and advised him withal to lose no time , but to Ride to the King to give him notice , that he might make timely provision for his own security ; but the Duke chose rather to dispatch a Gentleman with all possible diligence to the King upon that Occasion , and wished Sir James to write to the Earl of Gaury about the same , for it seems the Gentleman that gave him the first Information of the Plot , had not named Gaury with the rest of the Lords to him , either out of forgetfulness , or else because he had been but lately won over to the Party by the Land of Drumwhafel , who had assured him that Lennox had resolved to kill him whereever he met him , and used this as a convincing argument to Embark the Earl in the same Cause ; but however matters fell out , the Lords receded from their first Resolution of presenting their supplication as aforesaid , and would not tarry 〈◊〉 the King came to Dumferling , but they surprised him at Huntingtown-House , which was the Earl of Gaury's , its uncertain whether it were not done with a design to imbark the Earl more deeply in their Bond , or that fearing least the design was discovered , they made the greater haste to execute the same , by seising the King there , which was afterward called the Road of Ruthven : The King is once more a Prisoner , and the Lords conduct him to Sterling-Castle , where he is kept for a time : In the mean while , the French King and Queen Elizabeth by their Ambassadors , make Instances for his Liberty , and Condole his Misfortune ; but so hen-hearted was he , that he ordered their Ambassadors to declare to their respective Princes , that he was well satisfied with the Lords that were about him , that they were his own Subjects , &c. and when the Lords called a Council to resolve what course to take , he agreed with them to form an Act , declaring , That what they had done was good service to himself , the Kirk , and Commonwealth ; though Mr. Carey , who I think was afterward Created Earl of Monmouth , whispered him in the Ear , and desired him to tell the plain Truth , which he engaged to conceal from all others whatsoever , and only acquaint the Queen his Mistress therewith , he told him his Heart was full fraught with Grief and Displeasure at his Misfortune . The Lords having thus effected their purpose , as having now rid the Court of the Duke of Lennox , who fled into France . and the Earl of Arran , whom they committed to the Custody of the Earl of Gaury , most of them withdrew from the Court to their respective homes , whereupon the King retaining a displeasure still in his Heart towards them , takes occasion to appoint a Convention to be held at St. Andrews , whereunto by Missive Letters he invited some of the Nobility , but none of the Lords that had lately left him , designing thereby to get loose out of their Hands , and to retain about him such Lords as he had written for ; and notwithstanding some about him endeavoured to divert him from the said Resolution , alledging the fresh Jealousie that would be Created in the absent Lords by such a procedure , and with all the Power they had to be revenged of the conceived affront , he rejected the advice ; wherefore for the better management of his design , it was thought expedient , that he should go a few days to St. Andrews , before the Convention was to meet , that being once there , a Proclamation might be issued out to forbid any Nobleman whatsoever to come to the said Convention without express Orders from the King so to do , and to this end , it was contrived , that the Earl of March should give him an invitation to be at the place two or three days before the time , under pretence , that the preparations he had made of Wild Meats , and other things , for his Reception , would be spoiled , if he came not somewhat sooner than the appointed day , ( a silly excuse ) but on he goes contrary to the advice of some about him , who were sensible of the inconveniencies that might attend it , especially since the Lords , whom he had summoned could not be there so soon , and when he arrived at St. Andrews , he took up his Lodgings at an old Inn , whose greatest security was the Yard Dykes , of little consideration ; Melvil , who saw the vanity of such doings , goes to the Provost to see what force he could make for the Kings security , in case he were exposed to any danger , who answered very few , and those not to be relied upon , but returning to the King , and believing , that the Proclamation had been made , that no Man should come to the Convention unsent for ; he found the Abbot of Dumfermling , and the Earl of Marshal there ; the Abbot , who was of the contrary Faction , yet did by his Wit and Dissembling Practices , so manage the King , that the Proclamation was not only stopped , but Missive Letters sent to the rest of the Nobility to come , but under the Restriction that each Nobleman should come attended with no more than two Persons ; Some of his Adherents , who foresaw this would unravel the whole design , reminded him of the danger , and advised him to retire into the Castle , which they could not persuade him to do till after Supper : Next day , all the Lords , as well written as unwritten for , came to St. Andrews , the latter strongly armed , and the others not : The Abbot , who was with the King in the Castle , pretending all manner of Zeal for his Service , advised him to let none of the Lords come within the Castle accompanied with any more than twelve Persons , which ( tho' he were now in a place of security , if well managed ) had like to have brought him again into a State of Captivity ; for the next morning the Castle was full of Men , and the contrary Party being well Armed , had already possest themselves of the Stair-Head and Galleries , resolving a second time to be Masters of the King and all his Followers ; but the Earl of March , his Gentlemen , with the Provosts Men , and some others , got thither with such diligence , that the design was rendered Abortive for that time , so that next day the King for fear of a further surprise , gave them fair Words , promising all alike there of his Favour and Protection , which for the time seemed to give Contentment to all the parties . In the mean while the Earl of Arran got the Favour to be confined in his own House at Kinneall , from whence he sends to Congratulate his Majesty's safe deliverance , begging leave to come to Court to kiss the King's Hand , which for the time was deninied , but he still persisting in his Sollicitation , by the help of some Friends , and promising to make no manner of stay , but to withdraw again to his Habitation ; the King , whose Affections were still towards him , and Born it seems to be ruled by others , tho' he could not chuse but know he was obnoxious to the whole Kingdom , and had been a principal Cause of the King 's former confinement , grants him leave ; the Earl had no sooner access , no more thought of his Promise , but staid not only at Court , but in a short time altered all the ways of procedure , with a design to draw the management of all publick Affairs to himself , as before ; this was a great mortification to many about the King , and Colonel Steward resented it highly , saying , That if his Majesty suffered that Villain to remain at Court , he would yet again undo all ; but at last they were reconciled and became great Friends , and from henceforward the Earl managed the King , Council , and all other Affairs of the Kingdom , as despotically , as if he had been Grand Signior , or Mayor of the Palace in France , the King was easily induced by him to spend most of his time a Hunting , and to be content with whatever Relation he gave him of the Publick Affairs ; and when he had gained this point , he bent his whole force for to ruin the Ruthwen Road Lords , notwithstanding the Publick Faith given them for their Indemnity ; Queen Elizabeth about this time sent to King James a sharp Letter concerning his mismanagement of his Affairs , and promised to send Sir Francis Walsingham into Scotland , by whom , she said , she intended to deal with him as an Affectionate Sister , and one from whom he might see he should receive Honour and Contentment , with more safety to himself and Kingdom , than by following the pernicious Councils of those crafty dissembling Advisers about him ; but there was nothing could stop the career of this mighty Favourite Arran , who obtains the Government of Sterling-Castle to the rest , and banished several Noblemen , as the Earls of Mar , Angus , &c. and by his insolent behaviour , drove the Noble Earl of Gawry , and almost all other honest Men from Court at length Walsingham arrived , who after he had been with the King , and pursued his Instructions , prepared to return home ; Arran would fain have entred into a familiar Conference with him , but Sir Francis disdained to speak with him ; the other enraged with the conceived affront , and finding no other way of Revenge , but what must bring great dishonour upon the King , ( a poor tool to suffer it ) gave Orders that the Captains of Berwick , and several worthy Gentlemen who came to convoy Secretary Walsingham , should not be suffered to enter into the King's Presence-Chamber ; and not content herein , when the King had ordered a rich Diamond , to the value of 700 Crowns to be given to the Secretary ; instead thereof , the Earl puts a scornful Present upon him , of a Ring with a Chrystal stone sett therein only ; a Presumption undoubtedly , that Harry 8. would have punisheed with the loss of his Head , had the Earl been his Subject : but this way of procedure was so far from exciting the King to vindicate his own Honour , which was abominably blemish'd hereby , that when he was determined to go to Edenburg to call a Convention of the Estates , more Honours must be put upon the Earl ; for to that of the Government of Sterling-Castle , already in his Hands , was added that of Edenburg Castle , the two most important Fortresses in the Kingdom ; and least a Military Power was not yet sufficient both for his Greatness and Security , he gets himself Declared Lord Chancellor , and so Head of the Civil Power in the Kingdom ; and now he Triumphs , making the whole Subjects tremble under him , and by daily seeking out , and inventing new crimes against others , to get their Lands and Possessions , several of the Nobility he banished , but more especially , shot directly at the Earl of Gawrey's Life and Estate ; but the Earl could not be content to Domineer as he pleased , over the King 's Natural Subjects , but he must mock and deride with the ignorant multitude , the Danish Ambassadors also , and use them with all the despight imaginable ; for it seems , they knowing his former meanness in Swedeland , made no great Court to him , which raised his Fury ; this was quickly perceived by some about the King , whom the Earls Practices and Insolence had disobliged , and who failed not to let the King know it ; and for all the Earls Ascendency made him somewhat to decline in Favour , which another accident gave a helping hand to , for Sir Francis Russell , upon some disorders that fell out upon the Borders , happening to be slain of the English side ; Mr. Woton the English Ambassador , who stood in competition with the Earl for the King's Favour , took occasion to lay the blame upon him , alledging that the Laird of Fernihast , who was Warden of the Scots Borders , had Married the Earl of Arran's Brothers Daughter , and that the said Earl had caused the slaughter to be committed , that the Borders might break loose : Wotton was seconded by others in this complaint so effectually , that the Earl was committed prisoner to the Castle of St. Andrews , where having remained for a few days , he got by the intercession of the Master of Gray , whom he won with fair promises to be his Friend , ( It 's strange he should find any , who had disobliged every Body ) leave to retire to his own House ; and here the King played a Noble prank , but whether he used it as Lex talionis for the sham-Ring Arran had put upon Walsingham as aforesaid , and which he durst not otherwise punish , I am not certain : but it looks like his little tricks , which notwithstanding he dignified with the name of Kingcraft ; for when the Earl was upon his journey homeward , he sends to him with all possible diligence , for to lend him a great Gold Chain , which he knew he had got from Sir James Belfour , which weighed 57 Crowns , to be given to the Danish Ambassadors , which if the Earl had refused to do , he would ( it's likely ) have lost the King ; and in delivering of it he lost his Chain . Arran being thus retired , makes several attempts to recover his former station ; and the King , it was observed , retained a Favour for him , and would have been content to have Himself and Kingdom still Governed by him , he was once again admitted to Court , but others had stepped in , and the King had not power to remove them ; so that the Earl after long retirement and discontent , was surprized at last by James Douglass at Parkhead , and slain by him , in revenge of the death of the Earl of Morton his Unkle ; and but little care taken to punish the same , many thinking it indeed strange , that he should be permitted so long to live , who had carried it so arrogantly and insolently towards all Men , in the time of his Ascendency at Court , but several other Accidents intervened before the Earls Exit . The next Man that had the chief Credit and Management of Affairs , was Mr. Wotton the English Ambassador , but tho' the King begun now to be Governed by a Favourite , and a Forreiner under this Character , yet it did not end here , as you shall hear by and by when the Scene is transplanted into England , Wotton knew as well as any Man alive , how to humour him in his pleasures , and such familiar access had he at all times to his Person , that he attempted to have brought in the banished Lords , ( whose Interest he had espoused , not without the direction , to be sure , of the English Court ) secretly into his presence in the Parish of Sterling , at such a time as they should have so many Friends at Court , that he must have remained once more at their Devotion ; but all things did not so concur , as to put this Enterprize in practice ; so it was laid aside , and Mr. Wotton essayed a Second , but more desperate attempt , which was to Kidnap Jemmy out of the foresaid Park into England , see Sir James Melvill ; but Sir Robert Melvill coming to a timeous Knowledge hereof , took measures to prevent it , which made the English Ambassador withdraw home , without bidding of them once a good night ; the Lords for all this enter the Borders , being assisted by the Lords Hamilton , Maxwel , Hume , and several others , and advance to the number of Three thousand Men towards Sterling , entring the Town without any opposition , where they were no sooner arrived , but there appear'd two Factions with the King in the Castle , the one favouring the Lords , whose part the King took , as if he had really desired the Lords should have come thither in this manner to tear his Minions from his Heart ; and so once more the King is in their Power , which they exercised with great moderation , only a few were committed for the present , to the custody of some Noblemen , and so a Parliament was called , as the best expedient to heal all their breaches . Things continued in some sort of Concord for a little while , and the Convicting and Beheading of the Queen his Mother , in England , seemed to possess all their Minds with amazement at the Fact , for the present , tho' I do not find , he did at all resent it ; but this was no sooner over , but there appears a new Faction at Court , headed by the Earl of Huntley , whose aim was at the removing of the Master of Gray , and Maitland the Chancellor , with their Adherents , but finding it was not so easily to be effected , Huntley , Bothwell and others contrived to seize the King's Person , and to keep him in their custody ; but this proving Abortive , the noise of the Spanish Invasion , which was dreaded in Scotland , as well as in England , seemed to lay all Animos●t●es aside for the present ; but this blowing over , the King's Thoughts seemed to be taken all up about Marrying , the Sister of the King of Denmark was the Lady proposed , and Queen Elizabeth consulted with thereupon , who disswaded him therefrom , and said she had Interest with the King and Princess of Navarr , and that she would imploy the same for effectuating of a Marriage between him and the said Princess , but the King was bent upon the former , and because he found the Chancellor and some others oppose it , he could not , or would not be seen openly to controul them , but dealt secretly with some of the Deacons of the Craftsmen of Edenburg , to form a Mutiny against the Chancellor and some of the Council , threat'ning to kill them ; in case the Marriage with the Daughter of Denmark were hindred , or any longer delayed ; whereupon the Earl of Marshal was sent thither with Power to Treat about the said Marriage , but withal , in so stinted and limited a degree , contrived by the Craft of the Chancellor , and his Faction , that he was necessitated to send the Lord Dinguall back from thence , to desire either liberty to return hence , or to have sufficient Power to conclude the Treaty ; when he came , he hapned to find the King at Aberdeen without the Chancellor , &c , so that what he could not do while he was present , he was able to effect , with much ado in his absence ; surely never was any King so ridden as he , and the Messenger returns with full power , which brought the Treaty quickly to a Conclusion , and so the Queen with a goodly Train was sent away towards Scotland ; but stay a little , she did not so soon arrive as you may think for , you 'll be apt to enquire the reason of it , pray take it along with you ; and think it not a digression : It seems the Admiral of Denmark , who had the Charge to Convoy this Royal Bride , happening to strike one of the Bailiffs of Copenhagen , whose Wife was a Witch , she consulting with her Associates in their Black Art , concluded , in order to be revenged on the Admiral , to raise a terrible Storm , which lasted for several Days , and drove their Ships with great danger and violence upon the Coast of Norway , where they were forced to stay , because of the continuance of the said Tempest for a long time ; and a Scotch Gentlewoman , whose name was Jane Kennedy , and sent before in a Vessel to meet the Queen , by the King's Orders , was drowned about the same time in a Storm on the Scotch Coast , raised by two Scotch Witches , who confest the Fact , as Sir J. Melvill says : it 's like there is a Sympathy in Witchcraft , as well as in some other things ; and now you shall hear of the most valiant Act that e'r King James was guilty of ; for being very impatient and sorrowful that the Queen was so long a coming , this Knight Errant resolves to commit himself to the raging Seas , to encounter Shipwrack , Storms , Witchcraft , and what not , so he might set free , and enjoy his beloved Lady : and who should wind himself into his Favour , and become his errant●Companion in this Voyage , but the Chancellor , the only Man of all others who most opposed the Match , and whom he himself a little before would have got murdered because of that , and none but such as the Chancellor pleased , must be made privy to this Expedition ; and that the Adventure might appear to be brave at all points it must be undertaken the beginning of Winter ; which was ordinarily the most perilous season of the year ; Storms they met with throughout , and the last day of the Voyage was more terrible than all the rest ; but at length the Witch was laid , and they arrived safely in Norway , where the Marriage was Consummated ; but the Kingdom of Scotland might have been spirited up into the Second Region of the Air , or laid with a spell into the bottom of the deep for that Winter ; for no Arguments could perswade him to return before next Spring , from Norway he went by Land to the Danish Court , where , during his abode , he was constantly infested with the janglings of his Courtiers , who were divided into two Factions , headed by the Earl of Marshall , and the Chancellor , who strove for Precedency , but the Chancellor prevailed here , as he did upon the King's return hence , carrying all before him , appointing who should , and who should not come to Court ; and in short , so handled the King and all his Affairs , that his Majesty quite forgot upon his return , the promise he had made in the High Kirk of Edenburg , that he would Become a new Man , and take the Government , into his own hands ; and now comes another piece of Witch Pageantry that menaced his Majesty's Life ; the story was as followeth ; There were some Women taken up in Louthian , which they called Witches , and among others one Amy Simpson , who it was said , charged the Earl of Bothwell , as being concerned in some vile Practices to bewitch the King , and that she in company with nine more of their Gang , met one night at a place called Preston-Pans , where the Devil being present , and standing in the midst of them , a Body of Wax was formed by the said Amy Simpson , wrapped up in a Linnen Cloth , which she delivered into the hands of of his Devilship , who after he had pronounced his Verdict , delivered the same back again to the said Amy Simpson , she to her next Neighbour , and so to every one round , saying , This is King James the Sixth , ordered to be consumed at the instance of a Nobleman , Francis Earl of Bothwell ; some time after they met again by Night , in the Church of North Berwick , where the Devil in a Black Gown , with a Black Hat upon his Head , came and Preach'd to a great company of them out of the Pulpit ▪ the scope of his Discourse tended to wh● mischief they had done , how many they had got to their Opinion since the last meeting , what success the melting of the Picture had , and so forth ; and because an old silly poor Plow-man among them , whose Name was Gray Meile , happen'd to say , that nothing ailed the King , God be Thanked , the Devil gave him a great blow , and when they all reasoned , and marvelled , that their Practices had no better effect upon him ; the Devil answered in French , Il est un homme de Dieu . Certainly he is a Man of God. When he had finished his Admonitions he came down out of the Pulpit , and as a further instance of his Authority , and good Manners , he caused all the company to come and kiss his Arse , which they said was cold as Ice , his Body hard like Iron , his Face very terrible to behold , his Nose like an Eagle's Beak , with great burning Eyes , his Hands and Legs were hairy , having Claws upon both Hands and Feet like a Griffin , and spoke with a low Voice . Some of these Haggs further deposed , that there was one Richard Graham who had a Familiar Spirit , who could both do and tell many things , chiefly against the Earl of Bothwell , whereupon the said Graham was apprehended , brought to Edenburg and examined before the King ; the fellow owned he had a Familiar Spirit , but said he was no Witch , and did not frequent their company , but when it was answered that Amy Simpson had declared , that he had caused the Earl of Bothwell to address himself to her , he granted that to be true , and farther confess'd , that the Earl coming to the knowledge of him by the means of Elfe Machallown , and Barbary Naper , two Edenburg Women , he sent for him , and required his assistance to make the King love him , and to the effect , gave him some Herb or Drug , with which he willed him at some convenient time to touch the King's Face , which practise not meeting with the desired effect , the Earl would have engaged the said Graham ▪ by his Art , to destroy the King , bu - that he alledged he could not do that himself , but recommeded it to the foresaid Amy Simpson , who was a notable Witch , and could gratify his Desire therein : Hereupon the Earl was committed to Edenburg-Castle ; from whence , after he had sollicited in vain to come to his Trial , alledging that the Devil was a Lyer from the beginning , and ought not to be credited , nor yet the Witches who were his Sworn Servants ; he at length makes his escape over the Castle-Wall , and retired to Cathness , where being strengthned by other Male-contents , who were desirous to fish in troubled Waters , he attempts to surprize the King , and to kill the Chancellor his inveterate Enemy , and to that end enters the King's Palace one Night late about Supper time , by the passage of an old Stable , not without secret intelligence of some about the King's Person ; assoon as they had got within the close of the Palace , they cried Justice , Justice , a Bothwell , a Bothwell , and had infallibly been Masters of the whole , had it not been that James Douglass , who was one of them , after he had taken the Keys from the Porters , entred into the Pastery Lodge to relieve some of his Servants , who were detained there , upon suspicion of having an hand in the slaughter of his Father , the old Laird of Spot , where the Porters made some resistance , which occasioned a noise and tumult sooner than the Enterprizers had designed : the King , Chancellor , and others were horribly allarmed at this , and knew not what to do ; Bothwell with Mr. John Colvill and others , made directly to the Queen's Chamber door , where they supposed the King to be , but the Door was valiantly defended by Harry Lins●y Of Kilfans , Master of the Queens Houshold ; but the Earl prevailing at last , broke open the Doors with Hammers , and Colvill brought Fire to burn it ; the King in the mean time was conveyed to the Tower above the said Chamber ; the Chancellor who was in his Hall at Supper , when he heard the first noise , sled unto his Chamber and made the door fast upon him , shutting out Sir Robert Melvill who supped along with him , and who was forced to retire to another empty House , where he continued all the while out of harms way , and the Chancellor with his Servants , that continually shot out of the Windows , made such a resistance , as that the Assailants were forced to retire ; Melvill says , that when they first entred into the Palace , he was at Supper with the Duke of Lennox , who immediately took his Sword in hand , and would have rushed upon the Enemy , but having no company , and finding the place already full of the Enterprizers , they were forced to fortify their Doors and Stairs , with Tables , Forms and Stools , and be spectators of all that hurly-burly for the space of an Hour together , hearing and beholding by Torch-light out of the Duke's Gallery , their reeling and rumbling with Halberts , clashing their Culverins , and Pistols , the blows of their Malls and Hammers , and crying continually for Justice ; now there was a passage between the Chancellor's Chamber and the Duke of Lennox's , by a pair of Stairs , by which the Chancellor came up and desired admittance in to the Duke ; the Duke , by Sir James Melvill's advice , told the Chancellor , that for himself he was welcome to enter in , but desir'd he would cause his Men to stay at the nether Door , and resist as long as they could ; this the Chancellor took in ill part , and so retired again to his own Chamber , but in the mean time , while all these things were in agitation , word was brought to Sir Andrew Melvill , Master of the King's Houshold , of the enterprize and danger the King , and Chancellor was in , without speedy relief , who procuring all the succor that the time would permit , from the Cannon Gate , and knowing there was a secret passage through the Abby into the Palace , entred with his Men by the same in Armour ; whereof when the Earl of Bothwell and his followers had notice , they stole silently through the Galleries , unto that part where they first entred the Palace ; and chancing in their retreat to meet with John Shaw the King 's Master-Stabler , they slew him and his Brother , being in a rage , that their enterprize had met with such bad success ; however , some of them were taken by Sir Andrew , and executed the day following . The King almost dead with fear , would stay no longer at Dalkeith , but in all haste gets to Edinburgh , where continual Plots were laid to surprize him , and such enmity arose among the Courtiers , and more especially among the Duke of Lennox and the Chancellor , that it must have a King of other guess courage than King James for to reconcile and compose them ; the Chancellor one while being forced to retire , but brought in again and ruled the roast afresh , but it was not long before private Animosities engendring publick Calamities , had like to have brought the King into greater danger than any wherewith he had been hitherto menaced , for the Earl of Huntley was at variance with the Earl of Murray , the Earls of Ca●●hu●st and Sunderland , together by the Ears , and the Lords Hamilton and Angus at great strife ; which discord was chiefly occasioned , because most of them had obtained Commissions with large Priviledges over other Lands as well as over their own ; and this at last terminated in an open hostility : when the Council was advertised hereof , they set a day , wherein first the Earls of Murray and Huntley should appear , there being a Gentleman of the Name of Gourdon shot by the Earl of Murray , out of the House of Farnue , both parties came strongly attended , and for fear of mischief , were ordered to keep their Lodgings lest any tumult should arise ; the Chancellor who now managed all Affairs , advised the King to require Security from both the Earls for their good behaviour for the future , to keep them both asunder , by detaining the one at Court for a time , and sending the other home ; but Sir James Melvill was for a present Agreement between both Parties , and judged the King might easily effect it ; but the Chancellor taunted so at Sir James for his advice , that he was forced to give way , and so Huntley according to the Chancellor's project , was sent home , who now wanting his Competitor , so triumphed , and took so many advantages over the Earl of Murray's Land , as gave him just occasion of complaint , but meeting with no redress to his grievance , he retired from Court , and grew so discontented , that he fell in with the designs of the Earl of Bothwell , who was still a hatching of mischief . Huntley came no sooner to know that his Adversary was an Outlaw with the Earl of Bothwell , but he returned again to Court , with a design to gain some further advantage over him ; but the Lord Ochiltrie , with the King's consent , endeavoured to accommodate Matters between them , and make them Friends ; and so Murray was brought to a place called Dunibirsil , as being near at hand , for the better effectuating of an agreement ; Huntley hearing of his arrival applys himself to the King for a Commission to pursue the Earl of Bothwell , and all his Adherents with Fire and Sword , which the King grants him ; and being armed with this Power , the first thing he does , was to Murder the Earl of Murrey his Adversary , at the foresaid place , which it seems was his own House ; this horrid Fact was generally regretted , and the granting of such a Commission , was justly interpreted to be a breach of Faith in the King , and himself to be charged with being Author of the said Murder ; but none resented it so highly as the Lord Ochiltrie , who took such despight that his Friend should be slain , during a time of Treaty , that he solemnly Declared he took part with the Earl of Bothwell , and divers others in revenge of his Quarrel , encouraging the said Earl to assassinate the King within his Palace of Falkland , having several at Court , familiar enough with the King , who guided him at pleasure , to favour the said Conspiracy ; but things could not be carried with that Secrecy , but that some about him got intelligence of the Design , and advised him for his own safety to pass over to Coupar , and with all expedition to Assemble the Barons of Fife for his own safety ; but such as had contrived his Ruin , perswaded him to stay , alledging that the Earl of Louthian would not come from Louthian till such a day , tho ? he kept to his time , and came to Falkland two days sooner , according to appointment ; and this they did with a design to have surprized the King before he could either have entred within the Tower of Falkland , or making any tolerable Provision for his own Defence , and because they knew Sir James Melvill and his Brother Sir Robert , might be some obstruction to the Design , they advised the King to send them home to their Houses the very same night , that they uuderstood the Earl of Bothwell purposed to be there ; but before the Brothers departed , they advised the King to ride quietly to Bambrigh , that from thence he might when he pleased take Boat and go over to Angus , where he would have leisure to Assemble Forces out of Perth and Dundee with the adjacent Countrys , but this advice was also rejected ; Sir Rober● upon the Road homewards had notice given given him by one of Bothwell's gang , that he was already got as far as Fife , and would be in Falkland about Supper time , who forthwith dispatched his Gentleman , whose Name was Robert Aufleck to acquaint his Majesty therewith , and to desire him to go into the Tower with all expedition ; but they called him Fool , and laughed him to scorn for his pains , and so he left them in great discontent , but upon his return he met Bothwell and his followers upon the height of Lammonds , it being by this time dark night , and so struck in with them , as if he had been one of the gang , and used great diligence to get first to the King , shutting the Court Gate after him ; upon his entrance he urged the King to get into the Tower with utmost expedition , which at length he did , and so for this time escaped also ; for tho Bothwell came well provided of all things for forcing the Palace , where he thought to surprize the King , and tho' it was alledged some shot Paper only out of the Culverins in the Tower upon Bothwell's Men , yet others shot Bullets , which together with the fear he was in lest the Country might come , caused him to retire and flee , none pursuing them . The Assassination failing , this terminated in open Rebellion . Bothwell associating himself with the Popish Lords , the more to strengthen his Party , who for a time prevailed , but at last were necessitated to go beyond Sea , and Bothwell several years after died at Naples ; but no sooner was one fear over , but comes on another , but of a different nature : the King , ( you have heard before ) plaid the Knight-Errant , rather than be without a Wife , who was Anne , Sister to the King of Denmark , a Lady that bears a fair Character in the Annals of Time , tho' I find one say of her , that she was a Person he heard little of saving that Character , which Salust gives Sempronia , that she could Saltare elegantius quam necesse est probae . See had about two years before bore him a Son , Prince Henry , to whom the King assigned the Earl of Marr Governor ; now the Queen , 't is not known upon what design , nor well by whose agency and Promotion , laid a project in the King's absence , to surprize the Prince and take him out of the Earl's hands ; but the King 's suddain arrival from Faulkland to Edenburg , and taking the Queen away along with him to Sterlin , rendred the Project abortive ; Hower it were , the very projection put King James into no small Bodily fear , as appears by the following Letter he writ to the Earl of Marr upon that occasion , which is recited by Sanderson in his Life of King James . My Lord of Mar , BEcause in the security of my Son , mine is Conserved , and my Concredit of his Charge to you , upon Trust of your Honour and Honesty ; This I Command , ( as singly and solely of my self , being in Company of those I like not ) that upon any Charge or Necessity that possibly come from me , you shall not deliver him ; and in case that God call me at any time , see you that neither for the Queen , nor for the Estates Pleasure , you deliver him out of your hands , till he be 18 years of Age , and that then he Command you himself , James Rex . This Court juggle and jealousie was followed by a more dangerous one from the Presbytery , who met at Edinburg to treat of their Ecclesiastical Affairs , and some other matters that came under their Consideration ; but the Kings Sentiments and theirs were as remote as East and West , which produced such Heats and Factions , that the King dissolves the Convention , they stand stifly to it , and meet for all that , several Lords espouse their Cause ; at last the King truckles , and was willing to come to an Accommodation ; but to shew the Image of Authority first , asked , Who they were that durst Convene against his Proclamation ? but his Mouth was quickly stopped by the Lord Linsay's reply , saying , That they durst do more than so , and would not endure Destruction of Religion , and by the Nobles crying out , Arm ; others , Bring forth Haman , and some the Sword of the Lord and of Gideon ; it made the King and his Council flee from Edenburg to Linlithgo , but futy by degrees began to cool , and some Concessions of all sides introduced a little Tranquillity in the State , and some Remissions of the Kings Fears ; but the Revolution of about two years , ushered in that memorable Conspiracy of the Earl of Gowry , which because not foreign from the scope of the present Treatise , and by reason of the Barbarity and Tragical circumstances thereof , as well as it has been the subject of the discourse of many , but hardly a Man to be met with that can give the true state of it , I shall endeavour to oblige the Reader with a distinct and impartial Narrative of the same , even according to what the Court Party and King's Favourites have related concerning it . Sanderson , in his Life and Death of King James , says , the Surname of the Earls of Gowry was Ruthven , and a Family of small account till Anno 1568. when the chief of them , among other Confederates , endeavoured to Imprison Mary Queen of Scots ; that his Son William was Created Earl of Gowry in King James's Minority , and two years after fell into actual Rebellion at Dundee , for which he was Beheaded at Sterlin in 1584. but Sir James Melvill , who had as good an opportunity to know this Affair as any man , says , The Earl of Gowry was related to the King in high Favour , and by the villanous Contrivance of a Court Faction , cut off for little or no fault , and seems to censure his hard Fate , and not to excuse the King himself in his proceedings against him . The Earl's Eldest Son , named John , was not long after restored in Blood , and had leave to Travel ; and Sanderson said , he had a Manuscript , containing , that the Earl at Padua , caused an Hand and Sword , aiming at a Crown , to be used for his Device ; and that the Earl of Argyle acquainted King James , that he found a Prophesie at an House in Orleans in France , where the Earl of Gowry had had Lodgings , that he should with too much love , fall into Melancholly , have great Power and Rule , and Die by the Sword : After his return , that he carried himself very Haughtily , and being too big for Court observance , retired to his Family , leaving his Brother Alexander , who was made Gentleman of the King's Bed-Chamber , to play the Courtier , and Cloak the Design ; and thus , according to Sanderson's Relation was the Conspiracy formed ; The Earl sent his Brother Alexander from St. Johnstown , where he lived , to the King at Faulkland , to entice him to come thither with as much Privacy as could be , and commands one of his Servants , Andrew Henderson by Name , to go with his Brother and one Andrew Ruthwen to the Court , which they in the morning did , being the 5th of August 1600. and as the King was putting his Foot into the Stirrup to go a Hunting , Alexander informed him , that he had apprehended one lately come from beyond Seas with much Gold about him , and several suspicious Letters to some Popish Lords , advising his Majesty to receive the Money and the Letters , and to examine the Person , who was in safe Custody at his Brother the Earl's House , but ten miles of , and this with as much speed and privacy as could be ; to which the King assents , and that he would go at Noon , while his Attendants were at Dinner ; Alexander hereupon dispatched Henderson to give the Earl notice that the King would be there about Noon , and that the Business took so well with him , that he had clipt him about the Neck , that he had but a slender Retinue , as the Duke of Lennox , Sir Thomas Erskin , and about a Dozen more : Well said the Earl , Get on your Plate Sleeves , for I must take an Highland Robber : The King staying at his sport of Hunting somewhat longer than was expected , the Earl had half Dined , when Andrew Ruthen aforesaid came in haste , and acquainted him , the King was hard by , and presently after came in Alexander and Bloire , who withdrew , to consult , and sent Henderson for the Earls Gauntlet and Steel Bonnet ; the King quickly followed , and was received by the Earl , who conducted him into Dinner . In the mean time , Alexander bids Henderson fetch the Keys of the Chambers from one Rynd , and presently after one Cr●uston calls Henderson to come to the Earl , who commanded him to do whatever his Brother Alexander should bid him , which was to be locked up in the round Chamber , and to stay there silently till his return : When the Dinner was near over , and the King eating some Fruit , and the Lords and other Attendants gone to eat , Alexander begs of him to make use of that opportunity , and withdraw to dispatch the Business , and up he leads him through four or five Rooms , locking every Door as he passed behind him , until they came to the round Chamber , where Henderson stood armed : They were no sooner entred , but Alexander pulls out Henderson's Dagger , held it to the King's Breast , and said with a stern Countenance , Now , Sir , you must know I had a Father , whose Blood calls for Revenge , and you must Die , ( surely if this had been true , the very fright must have killed King James ) but to proceed , the King seeing his danger , deals gently with his fury , excuses himself from the guilt of his Death , by his then Infancy , advising him not to lay violent hands on the Sacred Person of his Sovereign , pleading the Laws of God and Man , and his Merits in Restoring his Brother to his Estate and Honours , by Breeding his Sister the nearest in the Queen's Affections , and by his Reception of himself , to be of his Bed-Chamber , and withall , promising Pardon for all that was past ; which so wrought upon Alexander for the present , that he left the King in Henderson's Custody , untill he returned back from his Brother , having first taken an Oath of the King not to stir nor cry out , and so locks them both in ; Alexander being gone , Henderson in the mean time relented , and swore he would not kill him ; but presently Alexander returns with a String in his Hand , and said , Sir , There is no Remedy , By God you must Die , and so strives to Bind him ; Nay , says the King , I was Born free , and will not be Bound , and so struggling together , Alexander got the King's Head under his Arm , and clapped his Hand upon his Mouth , which the King bit by the Thumb , and dragging him to the Window , bad Henderson open it ; where the King cryed out to the back Court , Treason , where the Duke of Lennox , Earl of Mar , and others , were in pursuit of him , it having been given out that he was gone the back way into the Park . As soon as they knew it was the King , they ran to the Chamber where he Dined , but could find no entrance : In the mean time , John Ramsey , Groom of the Bed-Chamber , and Sir Thomas Erskin , endeavoured to get up by the Turn-Pike back-stairs , being directed thither by a Boy of the House , who saw Alexander ascend that way , and forcing one Door open , found them panting , Ramsey immediately draws his Fauchion , and run Alexander in the Belly , ( being bid to strike low , for the King found him armed with a Coat of Mail ) and so with the assistance of Sir Thomas Erskin , Doctor Herres , and one Wilson , quickly dispatched him , whilst Henderson slipt out of the way ; but the danger was not yet over , for perceiving by the noise of unlocking the Doors , that the Earl himself was coming to assault them , they advised the King to withdraw into the Lobby , but first cast the King's Coat over the Dead Body ; which was no sooner done , but the Earl enters by his double Keys , attended with seven of his Servants , the foreway , and his Case of Rapiers , and his usual Arms ready drawn , to whom Erskin , to divert him from his purpose ) earnestly said , What do you mean , my Lord , the King is killed , and points to his Brothers covered Body bleeding on the Floor ; at which Gowry stoops , dropping the points of his Weapons , when suddenly Herres assaulted him with his Sword , and being seconded by Ramsey , struck him to the Heart , yet not so readily , but that the Earl thrust him into the Thigh , assisted by Cranston , who wounded Erskin and Herres in the Hand , and they him through the Body , and lived only long enough to be hanged and quartered : Then came in the Lords and the rest of the Company , and after having surveyed the Earl's Body , they found it did not Bleed , till a Parchment was taken out of his Bosom , with Characters in it , and these Letters , which put together , made Tetragrammaton , having been told , as the Story went , his Blood should not be spilt as long as he had that spell : This is the substance of the Conspiracy . I will not descant upon the many Absurdities and incoherent Circumstances couched under this Relation , but will leave it to the Readers Censure , and tell you only that most Authors that have mentioned it , seem to turn the Tables to lay the Assassination at the King's door , and one I find , ( Sir J. H. ) saying , he Blasphemed God for his pretended Deliverance once a year all his life after ; but Mr. Wilson is a little more modest , who expresses himself hereupon to this purpose : This year , August 5. ( being the first of the King's Reign in England ) had a new Title given to it , the King's Delivery in the North must resound here , whether the Gowries attempted upon the King's Person , or the King upon theirs is variously reported ; It may be he retained something of his Predecessor , and great Parent , Henry VII . that made Religion give way to Policy , oftentimes Cursing and Thundring out the Churches Fulminations against his own Ministers , that they might be received with the more intimate Familiarity with his Foreign Enemies for the better discovery of their Designs ; I will not say the Celebration of this Holy-Day had so much Profaneness , for Fame may be a Slanderer , but where there is a strength of Policy , there is always a power of wordly Wisdom that manages and sways it . Now we are to transplant the Scene into the Southern part of the British Isle , for our bright Occidental Star , Queen Elizabeth , of famous Memory , having for the space of above forty four years , shined in our British Horizon , and darted out the Rays of her Renown to the remotest parts of the habitable Globe , and now exchanged an Earthly for an Heavenly Diadem , King James succeeded her in all her Dominions ; who being both a Protestant and a Pacifick King , diverted the Fears of the English , and made some Allay of Grief in their Hearts , for the lost of their Nursing Mother and Sovereign Lady , who , though she were glorious and happy , almost in all her Affairs , during the course of her long Reign , yet she may be truly said to have been much more celebrated after her Death ; for the Vices of others , and Male-Administration of this , and the succeeding Reigns , erected a more lasting Monument of Renown , and contributed a more indelible lustre to her Fame , than any of the worthiest Atcheivements of her Life , so that it may be as truly said of her , as it was of old , by Suetonius , concerning that brave Roman , Germanicus , Auxit gloriam desideriumque defunctae insequentium temp●rum atrocitas . Here for a time we are to expect nothing but Shows , Pageants , Creations of Honours , ( of which King James was never no niggard ) and all manner of Jollity ; but the advancement of some so far disgusted others , who thought themselves neglected , that it produced him a Conspiracy , as the Authors of that Age know not what to make off ; it was apparent the muddy Waters were stirred , but it was with such a mixture , that little could be visible in it ; For Sir Walter Rawleigh , the Lords Cobham and Grey , were Protestants , Markham , Baynam , and the two Priests , were Popish : the Charge was , that they had endeavoured all in Conjunction to introduce Popery , to seize the King and Prince , and to set the Crown up-the Head of the Lady Arabella Steward , younger Brother to Henry Lord Darnley , both Sons to Matthew Earl of Lennox , by his Wife Margaret , Daughter by the Earl of Angus to Margaret the Mother of James V. and Daughter of Henry VII . But this was a sorry foundation to go upon , and so the superstructure thus huddled together , could not last long , wherefore the execution of some , and Imprisonment of the rest , quickly dissipated this Cloud , and all was Serene again , and Halcion days : But here give me leave to say somewhat , as well in Vindication of the Memory of that true Englishman , and Noble Gentleman , Sir Walter Rawleigh , who was Condemned for this Conspiracy , and Beheaded many years after , ( when he had been General by the King's Commission , and had by that , Power over the Lives of many others , contrary to the Civil Law , which says , He that hath Power over the Lives of others , ought to be Master of his own ; ) as to shew the perversion of Justice in that Reign , and the poorness of the King's Spirit to be gull'd at that rate by his Ministers , in this , as well as other Particulars : Sir Walter was Tryed at Winchester , and made a brave Defence ; All the material Evidence brought against him , was , the Lord Cobham's Accusation , which he only desired might appear , ( viva voce ) and he would yield without any further Defence ; but that would not be granted , for they knew full well , Cobham would not , or could not accuse him , you must know , Wade , then Lieutenant of the Tower , and a great Creature of the Earl of Salisbury's , had tampered with Cobham about the aforesaid Accusation of Rawleigh , knowing Cobham's weakness , but that would not do , and therefore he circumvented him one day , by getting of him to set his Name in a blank piece of Paper , and so filled up the Accusation himself ; Salisbury , Rawleigh's great Enemy , being thus armed against him , urg●d Sir Walter several times to yield upon the producing of his Accusation under Cobham's own Hand ; Sir Walter answered , he knew Cobham's weak Judgment , and did not know how far he might be imposed upon , but was confident he would not accuse him to his Face , and therefore would not put his Life upon that hazard ; and thus the Trial held till nine at night ; at last , his Fate carried him against his Reason , and he yielded upon the producing his Hand , which was immediately done , ( and it was in truth his Hand ) but none of his Act. It happened some years after this , that Queen Anne fell into a desperate and 't was believed , incureable fit of Sickness , and ●hen the Skill of all her Physicions had failed , Sir Walter , by his long Studies ▪ having arrived to an admirable Perfection in Chymistry , was sent to , who undertook and performed the Cure , for which he would receive no other Reward , but that her Majesty would procure certain Lords to be sent to Cobham , to examine him , Whether he had accused Sir Walter Rawleigh of Treason at any time under his Hand . The King , at the Queen's Request , as in Justice he could do no less , sent six Lords , viz. the Duke of Lennox , the Earls of Salisbury , Worcester , Suffolk , Sir George Carew , and Sir Julius Caesar , to Interrogate with Cobham upon the said Head ; Cobham protested he never did nor could accuse Sir Walter , but said , That Villain Wade , after a long Sollicitation so to do , but not prevailing , got him by a trick to write his Name upon a piece of Paper , which he dreaming of no harm , did , so that if any Charge came under his Hand , it must have been forged by Wade , by Writing something above his Name , without his Consent or Privity ; The Lords returning to the King , made Salisbury their Spokesman , who elusively said , Sir , My Lord Cobham hath made good all that ever he said ; and so the matter rested , Sir Walter being no ways relieved hereby , but the King further possest with his guilt ; but surely the baseness of those Lords , and the King's credulity , were unpardonable Crimes . Soon after this Hodge-podge of a Plot , the King and Queen were Crowned in great Pomp at Westminster ; And the same year a Conference was managed at Hampton-Court , between the Prelatical and Puritan Party , the latter conceiving great hopes , that because of the King's Education in the Scots Discipline , he would be of their side , but they mistook quite their mark , for he was by that time become Heart and Soul Episcopal , and to give evident Demonstration of his entire Conversion , issues out a Proclamation , ( of which no Prince was ever so prodigal , and which at last , as naturally happens , were as little regarded ) for Uniformity in Religion according to Law Established ; then at length comes a Parliament , between whom and the King , notwithstanding some mutual Caresses for a time , arose several Jars and Jealousies , but the discovery of the Gun-Powder Treason attributed to the King's Wisdom and Foresight , seemed for a time to heal all the Breaches ; which hellish Contrivance against the King and Kingdom , will fall pertinently enough to be noted in this place . The Popish Party finding their Petition for a Toleration of Religion rejected , grew enraged thereat , and now nothing would serve but the Destruction of King , Prince , and the Representative Body of the whole Nation in Parliament ; and to that end they hid 36 Barrels of Gun-Powder under the Parliament House ; the principal Contriver whereof was Robert Catesby , a Gentleman of a plentiful Estate , who made choice of Thomas Piercy , Winter Grant , Ambrose Rookwood , ( I am told , the Ancestor of the late Ambrose Rookwood executed for Conspiring the Death of our Renowned Sovereign King William ) Wright , Tresham , Sir Everard Digby , and others , who are all bound to Secresie by those Sacraments which are the greatest Ties upon the Soul , and St. Garnet , the Jesuit , was their Confessor : Piercy was to hire the Cellars under the Parliament House , to lay Wood and Coals in for his Winters Store , and Guido Faux , a desperate Ruffian , ( who was to give Fire to the Train ) was appointed to be his Man to bring in Wood and Coals ; The Gun-Powder bought in Flanders , was brought in the Night from Lambeth , and covertly laid under the Wood , and every thing made ready against the 7th of February , whereon the Parliament was to meet ; but the Parliament being providentially Prorogued to the 5th of November following , this dispersed the Conspirators for the present , and made them almost at their Wits end ; but reassuming again their former Courage , they resolve to carry on their Villany , and to bear up with Patience till the day came ; They were sure the King and Prince must perish with the blow , as for the Duke of York , Piercy undertook to dispatch him , but the Lady Elizabeth they resolved to save , that under her Minority and Innocency , they might the better establish their Bloody Principles of Piety and Policy , and to that end they appointed a great Hunting Match to be at Dunsemore-Heath in Warwickshire , to be nearer the Lord Harrington's House , where the Lady Elizabeth then was on the 5th of November aforesaid ; Thus Solacing themselves in this Bloody Expectation , and thinking all Cock-sure , one tender-hearted Murderer among the rest , writ a Letter to the Lord Monteagle , wishing him to have a care of himself , and to forbear his Attendance at that Parliament , for God and Man had concurred to punish the Wickedness of the time , and they should receive a terrible blow , and yet not see who hurt them ; The Lord Monteagle thinking there might be something in the Letter o● dangerous Consequence , though he understood it not , carried the same to the Earl of Salisbury , who also could not tell what to make of it ; but upon the King 's coming to Whitehall from Royston , where he had been Hunting of a Hare , he shewed him the Letter , who being naturally of a fearful Temper , and suspicious Mind , ordered the Earl of Suffolk , and Lord Monteagle , to make a search about the Parliament House , who entring into the Cellar , and observing the Stores as aforesaid , enquired of the Wardrobe Keeper , Mr. Winyard , ( who was also House-keeper ) whose they were ; Winyard replied , he had let the Cellar to one Thomas Percy , and close in a Corner there stood Faux , who being asked , who he was , said , Percy 's Servant : The Lords for the present left all things as they found them , but departed full of Suspicion ; the Lord Monteagle assuring himself , the forementioned Letter must come from Percy , for there were some little intimacy between them ; and gave the King and Council a Relation of their Proceedings , who resolved that night to make a further search , and committed it to the management of Sir Thomas Knevet , a Gentleman of approved Fidelity , and who with a suitable Assistance , coming to the Cellar about midnight , met Faux at the Door , on whom he presently seized , and proceeding in his search , pulled out the Core of all that Horrid Contrivance ; whereupon Faux confessed all , being only sorry it came not to perfection , and saying , God would have concealed it , and the Devil only discovered it : In his Pockets they found a Watch , ( which were not common then ) and a Tinder-Box , Engines to minute out his time to strike the fatal blow : The Conspirators finding all detected , hastened for all that to the Hunting Match aforesaid , furnishing themselves with Horses by breaking open several Stables , and taking their choice , but the Sherriffs of Warwickshire and Worcestershire pursued them so hard , that at last they were forced to earth themselves at Littleton's House at Halbech , where Percy and Catesby were slain with a few more , and the rest taken Prisoners , and afterwards Hanged : This happy Deliverance was Celebrated with great Joy , and Foreign Princes , though Popish , would Congratulate the Discovery ▪ and the Parliament made an Act for the perpetual Solemnizing of the day of Deliverance with publick Thanksgivings . So things continued for a time , and the King of Denmark , the Queen's Brother , coming over to visit the King and his Sister , the Summer following added a greater gust to the Recreations and Pastimes of the Court , now wallowing in all sensual Pleasures , as if the Devil was quite laid , and ne'er more Storms to be feared from any Quarter ; but the Parliaments stiffness to supply their Court Extravagancies in time of Peace ; and rejection of the King 's much desired proposal to unite both Nations by a Naturalization of the Scots , without they would come under the English Laws and Government , was some allay to his Delights ; At last , an accident broke out , which wrought in him no small disquiet , as you have already heard , while King James was only King of Scotland , that he was entirely at his Favourites Devotion , which as has been related had many Tragical Effects ; you must know , he was become no changling now he was King of England ; and among others , one Robert Carr , a young Man , of no fortune in the World , and who it seems had been formerly one of his Pages in Scotland , coming to Court in a good Garb , and being a comely Person , was taken notice of by the King , and in a short time was Knighted by him , made Gentleman of his Bed-Chamber , Viscount Rochester , and at length Earl of Sommerset , and over-topped all the rest of his Favourites abundantly , even to Cope with the Prince himself , who disdaining to be thus bearded by an upstart of yesterday , would not afford him a good look , nor speak to him ; and some said , that some love Jealousies , the Prince being now in his Puberty , encreased the Emulation between Carr and him . The Countess of Essex , then a top Gallant Lady in the Bloom of her years , and disdaining the Company of the Noble Earl her Husband , being the Bane of Contention between them ; but be this as it will , the Countess was enamoured on the Favourite , and cast her Love-Anchor there ; but I should think the Prince above all these Thoughts , by the following passage ; for being on a time Dancing among the Ladies , and the Countesses Glove falling down , it was taken up and presented to him , by one that thought he did him acceptable Service , but the Prince refused to receive it , saying publickly , He would not have it , it was streatched by another , meaning Carr , then Viscount Rochester . But things could not continue long in this State , for as the Court were full of Rejoycings upon the Palsgrave's arrival in England to Marry the Lady Elizabeth ; there was a damp struck upon the Hearts of all true Englishmen upon the suddain immature and I doubt , violent death of the Noble Prince Henry in the flower of his years ; Sir A. W. says , his death had been foretold by one Bruce a famous Scotch Astrologer , for the which the Earl of Salisbury caused him to be banished , who left this farewell with the Earl ; That it should be too true , but that his Lordship should not live to see it ; The Earl dying in Day , and the Prince in November following , to the infinite grief of all but Sommerset , and the Family of the Howards , who by his death thought themselves secured from all future dangers ; for he being an open Prince , and hating all baseness , would often say , He would not leave one of that Family to piss against a Wall. I do not know why Sir Anthony might not have put the King himself into the foresaid number ; I am sure he shewed but small symptoms of Sorrow at his death , which happened ( as was said ) but then in November , by his commanding no Man should appear at Court in Mourning in the Christmass Holidays following , the Jollity , Feasting , and Magnificence whereof must not be laid aside upon any account whatsoever ; it is certain that the Princes Court was frequented more than the King 's , and by another sort of Men ; so that the King , upon seeing of him once at a distance in the Park , with a far more numerous Train than himself , was heard to say , What will he bury me alive . jealousie is like a fire that burns all before it , and that fire is hot enough to dissolve all Bonds that tend to the diminution of a Crown ; Don Carlos , Prince of Spain , and Henry's Contemporary , not long before this , for wishing himself but one day in his Father's Throne , fell soon after into the hard hand of an immature fate ; However , it were the manner of the Prince's death was variously rumour'd , some saying he was poison'd with a bunch of Grapes , others with the venemous scent of a pair of Gloves presented to him ; and some again , that a French Physician gave him poison ; and it was observed , that poison was never more in fashion than at this time ; but surely there was something black enough in it ; for when Sir Thomas Mouson , a long time after , who was one of the Countess of Essex's Agents in the poisoning of Sir Thomas Overbury had past one days Trial at Guildhall , the Lord Chief Justice Coke vented some expressions , as if he could discover more than the death of a private Person , saying , God knows what is become of that sweet Babe Prince Henry , but I know somewhat ; and blessing himself at the horror of such villanies as came to his knowledge ; and 't was believed , that in searching the Cabinets , he had lighted on some Papers that spake plain in that which was ever whispered ; and what strongly increased the suspicion was , that Monson's Trial was laid aside , he quickly set at liberty , and the Chief Justices wings clipt for ever after . And no less jealousie did something relating to the Earl of Somerset's Trial for the said Murder of Overbury , create in Men's Minds about this matter ; for when the Lieutenant of the Tower , according to Custom , gave Somerset notice of his Trial next day , he absolutely refused it , saying , They should carry him in his Bed , that the King had assured him , he should not come to any Trial , neither durst the King bring him to any ; this was an high strain , and a Language not understood by Sir George Moor the Lieutenant , and tho' otherwise esteemed a wise Man , it reduced him to his Wits end ; After some pauses , he at last resolves to go to the King , then at Greenwich , as late as it was , being Twelve a Clock at night ; he bounced at the Back Stairs as if he had been mad ; to whom Jo. Leveston , one of the Grooms came out of his Bed , and enquired the reason of that unreasonable distemper ; Moor tells him he must speak with the King immediately , Loveston answered , He was quieted ; meaning in his Scottish Dialect , He was fast asleep , but Moor said he must awake him , and so was called in and left alone with the King in his Bed-chamber , where he tells him those passages that happened between Sommerset and himself , and desired to be directed by the King what he should do ; for he was gone beyond his Reason to hear such bold and undutiful Expressions from a faulty Subject against a Just Sovereign ; Hereupon the King falls into a fit of Tears , and said , On my Soul , Moor , I wot not what to do , thou art a Wise Man , help me in this great streight ; and thou shalt find thou dost it for a faithful Master ; with other sad Expressions to the same purpose ; Moor leaves the King in that Agony , but first assured him , he would strain his Wits to the utmost for to serve his Majesty , and was really rewarded with a Suit worth 1500 Pounds , tho' he was cheated of one half by a true Scot that pretended great friendship to him ; he returned to Sommerset about Three next Morning , which was the day he was to come to his Trial , and told him , he had been with the King ; found him a most Affectionate Master , and full of Grace in his intentions towards him ; but said for to satisfy Justice the Earl must appear , tho' to return again instantly , without any further proceedings against him ; and that thereby he should come to know his Enemies , and their Malice , tho' they should have no power to hurt him ; with this device he allaid the Earl's Fury , and got him quietly about Eight in the Morning to the Hall ; yet fearing his former bold Language might revert him again , and that finding himself thus brought within the Toye by this trick , he might be more enraged to fly into some strange discovery ; he took care to place two Servants on each side of him ; every one having a Cloak on their Arms , and gave them a positive Command , If Sommerset did any way fly out against the King , that they should immediately Hoodwink him with the Cloak , take him by force from the Bar and carry him away , for which he would not only secure them from any danger , but they should be sure of a bountiful Reward ; but the Earl finding himself over-reached ; recollected a better temper and went on calmly in his Tryal , where he held the Court till Seven at night ; but he that had seen the King's restless motion , and concernedness of Mind all that day , by his sending to every Boat he saw landing at the Bridge , and cursing all that came without tidings , would have easily judged , all was not right , and that there were very good grounds for Sommerset's boldness ; but at last having word brought him that he was condemned , with the particulars of the Trial , all was quiet . You may judge of the Story as you please , but my Author Sir A. W. says , he and another Gentleman had it from Sir George Moor's own Mouth in Wanstead Park ; and 't is very remarkable , that tho' the King made the most direful imprecations that could be to Sir Edward Coke at Theobalds , upon the discovery of Overbury's Murder , he would pardon any thing of them , yet he gave both the Earl and Countess ( as deep in the sudds as any ) a Lease of their Lives , allowed the Earl 4000 l. per Annum , and kept correspondence with him by Letters , almost every week to his dying day . I shall not enter upon any further narration of Overbury's death , of the Countess of Essex Divorce , and her Marriage with Sommerset , how the Discovery was made , how the King was made a Pimp ( as he told Sir Edward Coke ) to carry on their Bawdry and Murder , as being not pertinent to the present Design ; but acquaint you that the Lady Arabella Steward ( whose Genealogy we have already given you ) dying about this time in the Tower , sets Mens Tongues and Fears at work that she went the same way ; she had been Married some years before to Sir William Seymour , Son to the Lord Beauchamp , and Grandchild to Edward Earl of Hertford , and both of them being at some distance allyed to the Crown , such a conjunction would not be admitted in the Royal Almanack , so dreadful is every Apparition that comes near Princes Titles , especially if they light upon jealous and weak Minds . Sir William was for the Marriage committed to the Tower , and the Lady Arabella confined to her House at Highgate ; but both of them after some imprisonment , concluded to make their escape together beyond Sea , appointing to meet at a certain place upon the Thames : Sir William leaving his Man in his Bed to act his part with his Keeper , got out of the Tower in disguise , and came to the place appointed ; she dress'd like a young Gallant in Man's Cloaths , followed him from her House , but staying somewhat longer than the limited time , it made him suspicious of her interception , so that he went away , leaving notice if she came , that he was gone away before for Dunkirke ; the poor Lady thus desolate , fraught with Fears , and lugging in her slight was apprehended , and sent in her Husband's room into the Tower , where she ended her sorrowful days , somewhat too early , as was generally believed , tho' no clear proof thereof could e'r be made ; it 's certain the King was very jealous of his Title to the Crown , which at times made him very uneasy , tho' besides actual possession , he had apparently the best of any Title in the World , and the free Speeches of his Subjects upon that head , did not a little contribute to that uneasiness , as was that of Tobie Matthews Bishop of Durham , who being at Law with the King about some Priviledges , which he claimed in his Bishoprick ; and having one day stated the case before some of his Friends , and they seeming to approve of it , Yes , says the Bishop , I could wish he had but half as good a Title to the Crown . But one Hydra's Head is no sooner cut off , but up starts another ; one of the Judges for Wales being about this time holding the general Assizes at Pembrooke , there was among other Malefactors brought to the Bar to be Tryed for Murder , one whose Name was Plantagenet , a Name that for some hundreds of years had swayed the English Scepter , from the time of Henry II. down to Henry VII . the Judge hearing of the Name , deferred the Man's Tryal , and sends to acquaint the King with it , who upon the news , was in no small tiff , but dispatcht away Orders immediately to bring the Man up : when he was brought into his Presence , Cousin , said he , How do you do ? the poor Man in a trembling amazement , made no ready Answer ; but at length recollecting his Spirits , replyed , He knew of no Relation he was to his Majesty ; nay , but , said the King , If thy Name be Plantagenet , thou must be my Cousin ; and so entring into another Communion with him , engaged him , for a considerable Reward , to change his Name into that of Steward , from whom , as I have been credibly informed , the Family of the Stewards , late of the County of H. but now extinct , were descended . It was now the Fifteenth year of the King's Reign , when he goes to visit his Native Country of Scotland , accompanied with Buchingham , now prime Favourite ; but upon his return , some of the looser Bishops , pretending Recreations and Liberty to Servants , and the common People ( of which they craved to themselves too much already ) procured the King to put out a Book to permit Dancing about Maypoles , Churchyards , and such debauched exercises upon the Lords Day , after Evening Prayer , wherein all Ministers were enjoined to read it to their Parishioners , and those that refused , were brought into the High Commission , which was Plague sufficient ; but this brought him some disquiet , and particularly one time the King being to go from London to Theobalds on a Monday Morning , his Carriages must go through the City on the Sabbath-day before , with a great deal of clutter and noise in the time of Divine Worship , which coming to the Ears of the Lord Mayor , he commanded them to be stopped , and this carried the Affairs of the Carriages with a great deal of violence into the Court , and having represented the business to the King , with as much asperity as Men in Authority , crossed in their Humors , could express the same ; it put the King into a great Rage , Swearing , He thought there was no more Kings in England but himself ; but after he was a little calmed , he sent a Warrant to the Lord Mayor , commanding him to let them pass , which he obeyed , with this Answer , While it was in my power , I did my Duty , but that being taken away by a higher Power , It 's my Duty to obey ; which the King upon second Thoughts took so well , that he thanked him for it And now the Troubles of his Daughter and Son-in-law , by assuming the Crown of Bohemia , come on apace ; which ended , not only in the loss of that Crown , but even of his own Patrimony the Palatinate ; and together , with the Match with Spain for his Son Prince Charles perplex'd the remainder of his Reign , and wrought him continual trouble , having spent more Treasure upon Embassies ; when the former then would have raised and maintained a sufficient Army to recover his Son-in-law's Patrimony , owning in his Speech to the Parliament , Jan. 20. and the Eighteenth year of his Reign ; that my Lord Doncaster's Journey upon that account had cost him Three thousand five hundred Pounds : but he was very modest , and minced the matter , being indeed ashamed to tell the whole Summ , which amounted to a far greater proportion , and may be guessed at by the following Relation : When he Landed at Rotterdam , his Expences the first Morning before he went to the Hague , in the Inn where he lay , came to above Two hundred Pounds ; now this splendid and expensive Living coming to be known by the Inn keeper of the Peacock at Dort , &c. ( hoping he would make that place in his way to Germany ) made great preparations for him of his own head , without any other Order ; but my Lord taking his way by Vtrecht , the Inn-keeper followed him , complaining heavily , how he was baulked in his expectations , and what Charge he had been at to provide for his Lordship ; which at length coming to the Lord's Ear , he commanded his Steward to give him Thirty Pounds , and never tasted of his Fare ; and it was credibly assured by some of his Retinue , that his very Carriage could cost no less than Threescore Pounds a day , for he had abundance of young Nobles and others in his company , so that upon a modest computation of the whole expence of his Journey , it could amount to no less than Fifty or Threescore thousand Pounds ; while he was at the Hague , some advised old Maurice , Prince of Orange , our King William's Great Unkle to Feast him ; Yes , , Yes , said the Prince , Bid him come ; when the Steward had notice hereof , how the Prince took no farther notice of the matter , he attended the Prince , and told him , there would be great preparations expected , for the Ambassadors Ordinary Meals were Feasts , and he had a very numerous and splendid Train of Nobles and Gentry , that did accompany him ; Well , said the Prince , Prepare me a Dinner , such as I used to have , and let me see the Bill of Fare ; when the Steward brought the Bill , the Prince liked it very well , but the Steward said , Sir , This is but your ordinary Diet , now you should have something exttaordinary , because this is an Extraordinary Ambassador ; the Prince thinking what the Steward said to be something reasonable , and finding but one Pig set down in the Bill , commanded him to put down another Pig , and that was all the additions he would make ; for knowing the Ambassador to be a Scotch Man , and that they generally hate Swines flesh , it seems he thought nothing a fitter Entertainment for him than a couple of Pigs ; but the King 's mincing of these matters , his many Carresses , Huffs and Protestations would not do with the Parliament ; for there was such a multiplication of Grievances , and infringments of the Peoples Liberty , and such a backwardness from the Court for the redress of them , that at length they were dissolved in displeasure , and this set every Man's Tongue loose upon him , that tho' the King loved Hunting above all other exercises , and had many good Hunters about him , yet all these , and the strength of a Proclamation to forbid talking of State Affairs , could not refrain them from mouthing it out , that Great Brittain was become less than little England , that they had lost strength by changing Sexes ; and that he was no King but a Fidlers Son , otherwise he would not have suffered so many disorders at home , and so much dishonour abroad ; and the story of David Riccius , ( saith Wilson ) written by Buchanan the King 's own Tutor , had been like to die in every Englishman's Opinion , if it had not had a new impression by these miscarriages . These Domestick Troubles , together with the many delays , and dissatisfactions he received from Spain and Rome , about the Spanish Match , begot him so much trouble and vexation of Spirit , that pressing upon his Natural Temper , it wrought some Fits of Melancholy in him , which those about him with facetious Mirth , would strive to mitigate ; and having exhausted their store , or not making use of such as were more pregnant , Buckingham and his Mother , instead of Mirth , fell upon Prophaneness , thinking thereby to please him , and perhaps , ( says Wilson ) they were only mistaken in the unseasonableness of the time , being not then suitable to the Humour ; for they caused Mrs. Aspernham , a young Gentlewoman of the Kindred , to dress a Pig like a Child , and the old Countess like a Midwife brought it into the King in a rich Mantle ; And then Turpin , who had Married one of the● Kindred , ( whose Name was renowned for a Bishop in the Romances of the Emperor Charlemaigne ) was drest like a Bishop in a Sattin Gown , Lawn Sleeves , and other Pontifical Ornaments ; who with the Common-Prayer Book , began the Words of Baptism , one attending with a silver Bason of Water for the Service : The King hearing the Ceremony of Baptism read , and the squeeking noise of the Brute Animal , which he most abhorred , turned about to see what Pageant it was , and finding Turpin's Face , which he very well knew , drest like a Bishop , and Buckingham , whose Face ●he most of all loved , stand for God-Father , he cried out , Away , for shame , what Blasphemy is this ; and turning aside with a frown , turned all the sport and jollity they expected , to a cold damp of Spirit : Neither did the Prince's going into Spain any ways mend the matter , but made it every way worse and worse , for in stead of Consummating , he and Buckingham quite broke off the Match , which King James had so much set his rest upon , but what was worst of all , the Duke did so wind himself into the Affections of the Prince , that he governed the Son now as Despotically as ever he had done the Father , and this had another Misfortune attending of it , that the rising Sun was now Worshipped , and the old King neglected , which yet he had not power to redress , and which no doubt hastned his Fate , as we are now just ready to relate unto you . The King , who was the most impatient of all Men , to be told of his Faults , was so out of love with Parliaments for that very Reason , that by his Good-Will he would never have called another ; but Dire necessity , which has no Law , brought him once more to it , and so a Parliament was Summoned to meet on the Twelfth of February , Anno 1623. but that same morning , as a kind of Presage of his own Destiny , the King missed the Duke of Richmond's Attendance , who being a constant observer of him at all times , the King did now as it were want one of his Limbs to support the Grandeur of His Majesty at such a Solemnity ; and calling for him with great Earnestness , he dispatched a Messenger to his Lodgings in all haste , where the King's Command , and the Messengers importunity , made the Dutchess his Wife somewhat unwillingly go to his Bed-side , when drawing the Curtain , she found him Dead in his Bed , the sad News whereof was carried with that violence to the King , that he would not Adorn himself that day to Ride in Pomp to the Parliament House , but put it off till the nineteenth of February , Dedicating some part of that time to the memory of his dead Servant . The Parliament sate at the time appointed , and upon Buckingham's fine Narration about the Spanish Match , advised the King to break off the Treaty with Spain , which the King himself seemed forward to promote , being now got quite into the Prince and Duke's Toll , and sets a Treaty of Marriage on Foot with France . But before the entire Consummation of the same , as the Duke of Richmond was the long , so now the Marquess of Hamilton was the short forerunner of the King's Death ; both which , 't was believed , were forwarded by the same hand . The Marquess Died with very presumptuous Symptoms of being Poisoned , his Head and Body swelling to an excessive bigness , and the Body being all over full of great Blisters , with variety of Colours ; the Hairs of his Head , Eye-brows and Beard , came off with a touch , and brought the Skin with them ; great Clamour there was about it in the Court , so that Doctors were sent for to view the Body , but the matter was hudled up , and little said of it ; only Doctor Eglisham , a Scotch Man , was something bitter against the Duke , as if he had been Author of it : 'T is certain , That the Marquess's unwillingness , that his Son should Marry the Earl of Denbigh's Daughter , the Duke's Niece , made a difference between them , with some other concurring Accidents , which however did not in this King's time break out into a Reflection upon the Duke , being bound up close , more ( as it was thought ) by his Power than his Innocence . Not long after this , the King going to his last Hunting Journey , to wit , the last of the year , as well as of his Life , he fell sick of a Tertian Ague , which if we believe the Proverb , is not dangerous in the Spring , and had a few Fits of it ; having this Ague upon him , the Countess of Buckingham , who Trafficked much with Mountebanks , and whose Fame had no good savour , tampered with him in the absence of the Doctors , and the Duke her Son , when in the Judgment of the Physicians the Ague was in the decline , did apply Plaisters to the King's Wrists and Belly ; and did also deliver several quantities of Drink to him , and told him they were approved Medecines , though some of the King's Physicians did disallow thereof , and refused to to meddle further with the King till the said Plaisters were removed , which the King much complained off , and was glad to have it pulled off , tho' with part of the Skin along with it ; It 's certain the King found himself much worse after the said application , and that an high Fever , Droughts , Raving , Fainting , and an intermittent Pulse followed thereupon ; and 't is manifest he was himself suspicious of foul play upon him , for when one of his faithful Servants saw him in one of his Fits , and to comfort him , said , Courage , Sir , this is but a small Fit , the next will be none at all . He answer'd , Ah , 't is not the Ague that afflicts me , but the Black Plaister and Powder given me and laid to my Stomach by Buckingham : And he would often say to Montgomery , whom he trusted above all Men in the time of his Sickness , For God's sake look I have fair Play. When he was near the point of Death , as Buckingham entred the King's Chamber , one of his honest Servants said to him , Ah , my Lord , you have undone us all his poor Servants , altho' you are so well provided for you need not care : With which words the Duke was so stung , ( for where there is Guilt it will quickly appear ) that he kickt at him , who caught his Foot , and made his Head first come to the ground ; where presently rising , he ran to the King's Bed-side , and cryed , Justice , Sir , I am abus'd by your Servant , and wrongfully accus'd : At which the poor King Mournfully fix'd his Eyes upon him , as if he would have said , Not wrongfully , yet without Speech or Sence ; But before his Departure he called for the Prince his Son , who rising out of his Bed , something before day , and presenting himself before him , the King rouzed up his Spirits , and raised himself up , as if he meant to speak to him , but Nature being exhausted , he had not strength to express his Intentions ; but soon after Expired , being upon Sunday Morning the 27th of March , 1625. at Theobalds , in the Eight and fiftieth year of his Age , and the Two and twentieth of his Reign compleat , there being more than a Presumption , that he run the same Destiny with his Ancestors , whose Deaths were Violent as well by Father , as Mother's side , which we have more particularly noted ; for Henry Stuart Lord Darnley , his own Father , was Strangled , and carry'd out of his House , and set under a Tree , and then his House Blown up with Gunpowder ; his Grandfather Matthew Stuart Earl of Lenox , was Shot at Sterlin , of which Wound he some days after died ; and his Great Grandfather John Stuart Earl of Lenox was slain near Linlithgow , in a Conflict he had with the Hamiltonians and the Douglasses , about the Enlargement of James the Fifth . The Duke , 't is true , did afterward endeavour to Purge himself from the foremention'd Application , by alleadging , he had receiv'd both the Drink and Plaister from Doctor Remington at Dunmore in Essex , who had often Cured Agues and such Distempers with the same ; yet they were Arguments of a complicated kind , and not to be easily unfolded ; considering , that whatsoever he receiv'd from the Doctor in the Country , he might apply what he pleas'd to the King at the Court ; and besides , had the Medicine been the best in the World , the Act was Daring , and no ways Justifiable in him , because he wanted the Consent of the King's Physitians thereto : and one of Buckingham's great Provocations was thought to be , that the King now being weary of his too much Greatness and Power , was about to set up Bristol , his deadly Enemy against him to pull him down : The Application of this Medicine was one of the 13 Articles charged afterward upon the Duke by the Parliament , who rarely accuse upon false Rumour , or bare Suggestion ; and surely he will have work to do that takes upon him to excuse the King , his Successor , in this Matter for Dissolving the Parliament , to preserve one that was accus'd by them for Poisoning his Father ; especially if it be consider'd , that the Commons had then Voted him Four Subsidies , and Four Fifteenths , which they had not time to pass into an Act. What did farther increase Mens suspicions , was , one Doctor Lamb ( a Fellow of a most Infamous conversation ) his frequenting to , and being much imploy'd by the Countess and her Son , which did at length so incense the People against him , that finding him in the Streets of London , An. 1628. they set upon him with Stones and Staves , and knocked out his Brains ; as also one Butler an Irishman , that pretended to be a Chymist , and was very intimate with the foresaid Company , I mean the Duke and his Mother ; and indeed , the Story of his Death ( as was then reported ) is a very convincing Evidence of some secret Machination betwixt the Duke and him , which made the Duke be desirous to be rid of him : For Mischief ( says Mr. Wilson ) being an ingrosser , is unsecured , unsatisfied , when their Wares are to be vented in many Shops . This Man was , by the Dukes means , recommended , upon some plausible pretence to some Jesuites beyond the Seas , where he was entertain'd with a great deal of specious Ceremony and Respect in one of their Colleges ; and at Night being attended by them into his Chamber , with much Civility , which was hung with Tapestry , and had Tapers burning in stretched-out-Armes upon the Wall ; when they gave him the Good-night , they told him , they would send one should direct him to his Lodging ; and they were no sooner out of the Room of Death , but the Floor , that hung upon great Hinges on one side , was let fall by Artificial Engines , and the poor Vermine Butler dropt into a Precipice , where he was never more heard of . To conclude , King James was Learned , and had fine Notions in Conception , but could bring but few of them into Action , tho' they tended to his Honour and Safety ; for this was one of his Apothegms , which he made no timely use of , Let that Prince that would beware of Conspiracies , be rather jealous of such , whom his extraordinary Favours have advanc'd , then of those whom his Displeasure hath discontented ; these want Means to execute their Pleasures , but they have means at pleasure to execute their desires . But a late Learned Author has exprest as much contempt of his Learning , as Ben Johnson did of his Poetry , saying , It was a Scandal to his Crown ( meaning his Writings against Bellarmine and Perrone , about their King-killing , and King-deposing Doctrines ) and it seems Henry 4. of France had not a much better opinion of the same ; who , when he heard some Men Celebrating of him with these Attributes , answer'd truly enough , That he was a fine King indeed , and Wrote little Books . King James was Succeeded by His Son † Charles , in all His Dominions , but much more so in all His Misfortunes , for this was one of the unhappiest Princes that ever Swayed a Scepter . There is little remarkable concerning this P●●●ce in his Infancy , only he was noted ( as Lilly says ) to be very wilful and obstinate , by the old Scottish Lady his Nurse , and even by his own Mother Queen Ann ; who , being told on a time , he was very Sick and like to die , said , He would not then die , but live to be the Ruine of himself , and the Three Kingdoms , through his too much Wilfulness . And it seems the Symptoms of his Fore-Fathers Destiny appear'd in his very Face ; for his Picture having been presented to the then Duke of Tuscany , the first sight and inspection thereof made him s●art , and say , He saw something in it that Presag'd a strange and violent Exit . Moreover , if what the said Author says be true , That Laud , at His Coronation at Westminster , alter'd the Old Coronation Oath , and framed another New one for him in the room of it ; it was a foul stumble at first dash . It rarely happens , and I think but very few Instances can be given , that one and the same Person proves a Favourite to Two Princes together ; but , it seems , nothing could resist the Charmes of the Glorious Buckingham , who now Governs the Son more Despotically than ' er he had done the Father , and put him upon those very Expeditions , that , with other concurring Mismanagements , made Shipwrack of His Honour at home , procured him scorn and contempt abroad , and hastned those Calamities , which , at length , resolved in his own sad Catastrophe and Ruine . But surely it argu'd a very mean and poor spirit in him , to take him into his Bosom , and to be govern'd by one , that had twice , in his Father's time , so highly affronted and disdain'd him ; the first at Royston , before many People , by bidding of him , in plain terms , Kiss his A — And the second time at Greenwich , in the sight of about 400 Persons , when lifting up his hand over his head with a Ballon Brasser , and saying , in most undutiful terms to him , By G. it shall not be so , you shall not have it ; The Prince answer'd , What , my Lord , I think you intend to strike me . It 's true , to have forgotten , and never to revenge such Injuries when he had been King , had been worthy the Noble Mind of a Prince ; but it also became him never to have suffer'd him to come near his Court , to be upbraided with the sight of so much scorn , that had been so publickly offer'd him : and some Criticks at Court at that time , did not stick to read his future Destiny . At King James's Death the Nation was rent into Four Factions , viz. the Prerogative , Popish , Puritan , and Country Party , which , in a short time , was reduc'd into two , the two former uniting their force against the other two ; and one should have thought , it had been the business of the New King to have composed those first , rather then make War abroad : But King James his Body was scarce cold , when Buckingham put King Charles upon a War with Spain . Both of them , when in that Kingdom , had receiv'd so many Civilities from his Catholick Majesty , that they now resolve to Invade his Country with a Powerful Fleet , and a Land Army , under the Command of my Lord Wimbleton ; but in their passage they met with a Furious Storm , which so scatter'd the Fleet , that of Eighty , no less than Fifty Ships were missing for seven days . But this was but the beginning of the Misfortunes of this Miserable Expedition , for the Confusion of Orders was such , as the Officers and Soldiers scarce knew who to Command , or whom to Obey ; so that when they came to Cadiz , a Conquest which would have paid the Charge of the Voyage , and to the Honour of the English , offer'd it self ; for the Spanish Shipping in the Bay lay unprovided of defence , so as the surprising of them was both easie and feasible ; but this was neglected , and when the Opportunity was lost , Sir John Burroughs Landed the Army , and took a Fort , but was forced to quit it because of the Disorder and Intemperance of the Soldiers , who upon that return'd on Board again , and sailed away for England re insecta ; which occasion'd no small clamour from the People , and especially in that none was punished for Mismanagement : But how dishonourable soever this Expedition was , the King and his Minister lost much more Reputation , by lending a Fleet to the French King , to beat that of the Rochellers under Monsieur Sobiez , the Great Duke of Roan's Brother , whereby a foundation was laid to ruin the Protestant Interest in France , and which all the power that e're they could afterward make , when the Tables were turned , could not relieve , though the Duke himself ( who was much sitter for the Delicacies of a Court , than the toyls and stratagems of War ) was at the head of it , and perished by the hands of Felton at Portsmouth , just as he was ready to Embark the second time in person for that purpose . It 's true , the design was pursued by the Earl of Lindsey , who several times attempted to force the Barricadoes of the River before Rochel , but all in vain ; or if he had , it would have been to no purpose , for the Victuals wherewith they should have been relieved , were all tainted , and all the Tackle and other Materials of the Fleet defective , so that they could not stay long there . The many and unheard-of Violations of the Priviledges of the Subject by Loans , Benevolences , Ship-money , Coat and Conduct-money , &c. with the continual Jars between this King and all his Parliaments during his Reign , so as that there has been scarce three days of mutual harmony between them throughout , ( which cannot be said of any other King since the Conquest how bad soever ) his Imprisoning , Fining , and banishing of the Members , and his riding the Nation for above fifteen years together by more than a French Government , because they are noted else where , I think no where so well as in the History of the four last Reigns , Written by that Learned Gentleman , and my worthy good Friend when alive , Mr. Roger Coke ; I shall not recite the same in this place , as not falling exactly under the notion of this Treatise : Tho I am to imform you these were the things , together with the imposing the Service-Book upon the Scots , where the Quarrel was begun by an Old Woman casting her Stool at the Priest , when he was reading of it , as they said ; that were the foundation of those dreadful Wars waged so many years within the Bowels of the three Kingdoms , ( which do not fall under our present consideration neither ) and of the King 's subsequent destiny , the Particulars whereof , with some other concurring and intervening accidents we shall give you at large . After the War had been manag'd between the King and Parliament with various fortune for some years , and several Treaties set on foot to compose those unhappy and fatal Differences , at last came the fatal day wherein the Quarrel came to be decided between them at Naseby in Northamptonshire , which was on Saturnday June 14. 1645. Sir Thomas Fairfax was the Parliaments General , and the King commanded his own Army in Person ; who in the beginning of the Fight prevailed , for Prince Rupert Routed the Parliaments Left Wing commanded by Ireton , but Pursuing to far left the Kings Left Wing open to be charged by Cromwel , who falling furiously on , and the rest Rallying , obtained a most absolute Victory . But among the vast number of Prisoners and Horses taken with Arms and Ammunition , that which was even a greater loss to the King then the Battle , was , that one of his Coaches , with his Cabinets of Letters and Papers fell into the Parliaments hands , whereby his most Secret Counsels with the Queen , which were so contrary to those he declared to the Kingdom , were discovered : For in one of his Letters he declared to her , his intention to make Peace with the Irish , and to have 40000 of them over into England , to prosecute the War there : In others he complained , he could not prevail with his Mungrel Parliament at Oxford ( so he was pleased to call those Gentlemen who had stuck to him all along ) to Vote that the Parliament at Westminster were not a Lawful Parliament : That he would not make Peace with the Rebels ( the Parliament ) without her approbation , nor go one jot from the Paper She sent him ; That in the Treaty at Vxbridge he did not positively own the Parliament , it being otherwise to be constru'd , tho' they were so simple as not to find it out , and it was Recorded in the Notes of the King's Council , that he did not acknowledge them a Parliament . Which Papers the Members took care to Print and Publish to the World , and shewed by a publick Declaration what the Nobility and Gentry who followed the King might trust too , and I dare say , this stuck so close in the Minds of many , that nothing contributed more to his Ruine , then this double dealing of his . Now the King's Garrisons surrender by heaps , Oxford was the last , which being blocked up by the Parliaments Forces , the King thought himself in no security in it ; For the Parliament refused to admit him to come to London , unless he signed their propositions , wherefore the French Ambassador in the Scots Quarters advising him to throw himself into the Scots Power , it was Hobson's Choice , one even as good as the other , and so being accompany'd by one Hudson a Minister , and Mr. John Ashburnham , he threw himself into the Scots hands ; who having got him into their Power , resolve to make a double Bargain of him , viz. to have him to order Montross to disband his Army and retire into Scotland , and then to Sell him to the Parliament for as much Money as they could get for him . The first is no sooner ask'd but granted ; but the bargain for the Sale of him ( and surely never was any King in this World so unhappy as to be sold by his own Subjects before himself ) being a mighty business to the Scots , it lasted from the 5 th . of May 1646 to January following , when being concluded , the Parliament who now had a full right to him , after they had bought him , confine him to ●oldenby-house , an House of his own in Northamptonshire , under a select Guard of their own choosing : So that as Mr. Cook observes , he that before had sifted the worthy Members of Parliament from one Prison to another , that they might not have the benefit of their Habeas Corpus's , and the Constables of Hertfordshire from one Messenger to another , is himself sifted Prisoner from one place to another without any hope of an Habeus Corpus : And as he before by his absolute Will and Pleasure , would without any Law seize his Subjects Goods and commit them to Prison , as also raise Ship-money in an Arbitrary manner , so he cannot now enjoy his own Estate in his own House , nor has one Ship to command . Soon after this the Parliament and Army began to be jealous of each other ; and the latter having no face of Authority to recur unto , the Presbyterian Members in both Houses being three to one , what do they do but send Cornet Joyce with a Party of Horse on the 4 th of June 1647 to take the King out of the Parliaments Commissioners hands and to keep him in the Army ; which however he might take it , was not designed for his advantage , tho' they seemed to lament the hard conditions the Members imposed upon him not only in his Liberty , but in keeping him from his Children and Friends ; and now they allow him both , professing they would never lay down Arms until they had put the Scepter into his hands , and procured better Conditions for his Friends : And in order hereunto , they seem to joyn the King's Interests with their own , and in their Declaration for Redress of Grievances , declare for the King and People , that the Members prefix a certain time for their Sitting , and charge 11 of the leading Members that had been most forward to establish the Covenant with being guilty of High Treason , and most of them fled for it . The Covenanters could not but see whither these proceedings tended , and therefore they had upon the 4 th of May settled the Militia of London in the hands of the Presbyterians , but upon a Letter from the General or the 10 th of June to the Parliament , that the Militia of London might be put into the hands of Persons better affected to the Army , the Commons tamely Submitted to it , and repealed the foresaid Ordinance of the 4 th of May. But the City-Men in Common Counsel Petition the Commons against this , insisting upon their own Right to dispose of the Militia : The Lords upon the Reading of the Petition revoke the Ordinance of the Commons of July 23 and confirm that of the 4 th of May , according to the Cities desire , and kept back some of the Commons till the Members within had agreed to it , and enforced the Speaker to pass a Vote that the King should come to London , and so both Houses Adjourned for four days . In this Interval the Members who favoured the Army , and the Speakers of both Houses went to the Army , and there complained of the Violences put upon the Parliament ; and the Houses after the expiration of the four days Adjournment , meet , and chose new Speakers , and Voted , 1. That the King should come to London . 2. That the Militia of London should be Authoriz'd to raise Forces for the defence of the City . 3. That power be given to the same Militia to choose a General . 4. And that the Eleven Members Impeach'd by the Army should take their Seats in the Parliament . The Citizens hereupon proceed to raise Forces , which , tho' Numerous , yet being raw and not fit to cope with an old Experienc'd and Victorious Army , they were forced to come to Terms and comply with the Army in their demands ; so that in short the Speakers and Members returned again , and recinded all that was done since the 26 th of July , and Voted several Lords guilty of High Treason , and the Lord Mayor with several other Citizens were committed Prisoners to the Tower upon the same account . The King could not but conceive some hopes from these Broyls , that might tend to his Advantage , and indeed both Parliament and Army seem to Court him now , and the Parliament sent propositions of Peace to him at Hampton-Court ; but Cromwel was as fearful the King should agree with the Parliament as the King was unwilling to agree to them , and therefore Cormwel gave the Commissioners instructions , that if the King would assent to Propositions lower then those of the Parliament , that the Army would settle him again in his Throne ; hereupon the King returned Answer to the Parliament , that he waved now the Propositions put to him , or any Treaty upon them , flies to the Proposals of the Army , and urges a Treaty upon them , and such as he shall make ; professes he will give Satisfaction , to settle the Protestant Religion , with Liberty to tender Consciences , to secure the Laws , Liberty and Property and Priviledges of Parliaments , and as for those concerning Scotland he would Treat apart with the Scots Commissioners . Upon Reading of the King's Answer , a day was appointed by either House to consider of it , and in the mean time they order'd the same to be communicated to the Scotch Commissioners . It was affirmed in those times that Cromwel had made a private Article with the King , that if the King closed with the Propositions of the Army , Cromwel should be Advanced to a degree higher than any other , as Earl of Essex and Vicar-General of England , as Thomas Cromwel in Henry 8 time was . But it seems he was so uxorious that he would do nothing without communicating it to the Queen , and so wrote to her ; That tho' he assented to the Armies Proposals , yet if by assenting to them he could procure a Peace , it would be easier then to take of Cromwel , than now he was the head that govern'd the Army . Cromwel who had his Spies upon every motion of the King intercepts these Letters , and resolved never to trust the King again , yet doubted that he could not manage his designs , if the King were so near the Parliament and City at Hampton-Court ; Therefore Cromwel sent to the King that he was in no safety at Hampton-Court , by reason of the hatred which the Adjutators bore to him , and that he would be in more safty in the Isle of Wight , and so upon the 11 th of November at night made his escape , having Post-horses , and a Ship provided for him at South-hampton to that purpose . But when he came to the Island he was secured by Collonel Hammond , who gave the Parliament notice of it , from whence the King sent to the Members for a Personal Treaty of Peace at London , which after much debate was agreed to upon four Preliminaries , which the King utterly rejected , and so incensed the Houses that they Voted , that they would make no further applications or addresses to the King ; That no other presume to make any application to him without leave from both Houses ; That whoever Transgressed in that kind should be guilty of High Treason ; That they would receive no more Messages from the King , and that none presume to bring any Message from him to either or both Houses of Parliament or any other Person . These were hard lines to this unfortunate King , who now had no more to do then patiently to submit to what time produced ; but how pleasing soever these Votes were to the Army , the Scots and diverse parts of the English Nation were not content with them , and so they rise in Arms in Essex , Kent , Suffolk , Norfolk , Wales and the North , and declare for the King and People : Part of the Fleet also Revolted to Prince Charles , but all these Revolts were quelled by a Victorious Army in a short time . But while the Army was busied abroad , the Members having gotten possession of the Fleet , and the City of London being well affected to them , they joyn with the Scotish Commissioners and rescine the Votes of the Non-addresses to the King , and appointed a conference with him at Newport in the Isle of Wight to continue for forty days , and to that purpose take him out of Prison , and allow him the Liberty of the Island ; and the King upon the matter with reluctancy enough , grants the Scots , and the Members , their own Demands . But no endeavours of his Subjects , nor the joynt desires of the Scots and Members , could protect this unhappy Prince from his approaching Ruine ; for the Army now every where Victorious over the Scots and Royalists , draw together , and make a Remonstrance against all Peace with the King , that Justice might be done upon Him , the Crown-land and Church-land might be sold to Pay their Army , and that the present Parliament be Dissolved , and another Called : But the Members were intent upon the King's Answer to their Propositions , and laid aside the Armies Remonstrance , which they take as a slighting of them , and then seized the King in the Isle of Wight , and make Him a Prisoner in Hurst-Castle , an unhealthy place , and March to London , putting Garrisons in Noblemen's Houses and Whitehall , and Post themselves about the Pallace-yard . But the Members for all this Met upon the First of Decemb. 1648. and Voted the King's Concessions to be a sufficient ground for a Peace , and then Adjourn'd for a Week : yet when they were to Meet again , they found all the Avenues to the House beset with Soldiers , who Excluded all that were not of their Faction from entring the House , which were not one fourth part , and made the residue Prisoners : This Juncto , called afterward the Rump Parliament , having in this manner Purged the House , Assume to themselves the Supream Power of Ordering the English Affairs , Confirm the Votes of Non-Addresses , and raze the Votes of having a Conference with the King , and the Declaration that the King's Concessions were a sufficient ground for a Peace , out of the Journals of the House ; and Vote , First , That all Power resides in the People . Secondly , That the Power belongs to the Peoples Representatives in the House of Commons . Thirdly , That the Votes of the Commons have the Force of a Law , without the King. Fourthly , That to take up Arms against the Representatives of the People , or the Parliament , was High-Treason . Fifthly , That the King Himself took up Arms against the Parliament , and therefore was guilty of all the Blood shed in the Civil War ; and ought , by His own Blood , to expiate the fame : But the Ordinance for the King's Trial being sent up to the Lords for their Concurrence , they Rejected it January the 2 d , and Adjourned for 10 days ; but first sent back that they would give Answer : Whereupon , the Commons search the Lords Journal-Book , and find these Votes : 1. To send an Answer . 2. That their Lordships do not concur to the Declaration 3. That their Lordships Reject the Ordinance for Tryal of the King : But the Commons for all that go on , and Vote the Lords Dangerous ; Order the King to be brought to London under a Guard , Read and Ingrossed the Ordinance for his Tryal on the 6 th of January , and the Manner was referred to the Commissioners who were to Try Him ; and , to that end , to Meet in the Painted Chamber on Munday , January the 9 th . who Resolved , that Proclamation should be made in Westminster-Hall ; that the Commissioners were to Sit again to Morrow , and that all those who had any thing to say against the King should be heard . In this manner , Mr. Denby , who was Sergeant at Arms to the Commissioners , Rode into the Hall with his Mace , and some other Officers all bare , attended with Six Trumpets on Horseback , who Sounded in the midst of the Hall , the Drums of the Guard , in the mean time , Beating without in the Pallace-yard , at the Old Exchange , and in Cheapside ; The Mayor , Aldermen , and Common Council of London , Petition'd the House of Commons for Justice against the King ; to Settle the Votes , that the Supream Power was in them ; and the City resolved to stand by them to the utmost : and because nothing should obstruct the intended Work , Hillary Term was Adjourned for Fourteen days , and Proclamation made thereof in the Cities of London and Westminster , and other Market-Towns ; but that this poor Prince might have some glimmering of hope , the Scots Parliament begun January 2 d. understanding what was done at London , in reference to the King's Tryal , Dissent from the said proceedings , and Direct some Papers , To William Lenthall Esquire , Speaker of the House of Commons : which the House took as an Affront and Denyal of their Authority , and so thought not sit to Read them , but yet Voted to send Commissioners into Scotland , to preserve a Good Correspondence between both Nations : Several Ministers , from their Pulpits , Declaimed also against the Proceedings against the King's Person ; some of the Nobility offer'd themselves Pledges in his behalf : and January 19 , the Scottish Commissioners deliver'd some Papers , and a Declaration from the Parliament of Scotland , wherein they express a dislike of the present Proceedings ; and declare , That the Kingdom of Scotland had an undoubted Interest in the King's Person , who was not deliver'd to the English Commissioners at Newcastle for the Ruine of his Person , but for the more speedy Settlement of the Peace of his Kingdoms ; That they extreamly Dissented , and Declared against the Tryal of Him , in regard of the Great Miseries that were like to ensue thereupon , and desired leave to make their Personal Addresses to Him. The like Papers were also Presented to the General , but all signify'd nothing ; for the Commissioners for the Tryal proceeded to make all things in a readiness ; and to that purpose Order'd , that the Sword and Mace , tho' they had the King's Arms thereon , should be brought into the Court at His Tryal , and the King to be brought from St. James's , where he was then a Prisoner , to Sir Robert Cotton's House at Westminster . They erected a Tribunal , called , The High Court of Justice , over which was appointed One hundred and fifty Judges , at the upper end of Westminster-Hall , the Courts of Chancery and Kings-Bench , being ordered into one ; and these Judges were impower'd to Convent , Hear , Judge , and Execute Charles Stuart King of England . All things being now fitted up , the King on Saturday the 20 th . was brought from St. James , through the Park in a Chair to Whitehall , and from thence carried by Water under a Guard to Sir Robert Cotton's House at the back end of Westminster-Hall . the Judges in the mean time met in the Painted Chamber , attending upon their President Serjeant Bradshaw in his Scarlet Robe , who had the Sword born before him by Col. Humphrey , the Mace by Serjeant Denby , and twenty Men with Partizans for his Guard. When they came into the Court , the President sat him down in a Crimson Velvet Chair of State , fixed in the midst of the Court , with a Desk before him , and a Cushion of Crimson Velvet thereon ; and the Seats on each side of him were Benches covered with Scarlet-cloth : And after silence made , the Great Gate of the Hall was set open for any to enter in ; after which Col. Thompson was commanded to bring forth the Prisoner , who was conducted with twenty Partizans , and other Guards , and was by the Serjeant with his Mace received to the Bar , where was a Red Velvet Chair set for him . He looked sternly upon the Court , and up to the Galleries , then sat him down , but presently got up again , and looked downward on the Guard and multitude of Spectators , not shewing the least regard to the Court all the while ; then was the Act of Parliament read over , for the Trial of Charles Stuart King of England , by the Clerk , who sat on the right side of the Table , covered with a Turky Carpet placed at the feet of the President , upon which lay the Sword , and Mace ; and the several Names of the Judges in the Roll were called over , and Eighty answered to their Names . When that was over , then the King's Charge was brought , wherein he was accused in the Name of the People of England , of Treason , Tyranny , Murders , Rapines , &c. and more especially for levying War against the Parliament . And the President stood up and said , Sir , You have heard your Charge , containing such matters as appears in it ; and in the close it is pray'd , that you answer to your Charge , which this Court expects . The King replied , By what Authority did they bring him to a Trial , who was their King , against the Publick Faith so lately given him , when he commenced a Treaty with both Houses of Parliament ? Urged them to shew what Lawful Authority they had to call him to an account , which if they did , he would readily answer , otherwise advised them to avert the Judgments that might hang over their heads for such their proceedings against him . The President rejoyned that he was called to an account by the People of England , by whose Election he was admitted King : The King here insists upon his inherent birth-right , and that the Kingdom was Hereditary for above a thousand years ; and that he stood more apparently for the Liberty of the People of England by rejecting an unlawful and arbitrary Authority , than the Judges or any other whatsoever did by asserting of it ; That no Lords appear'd there , who to constitute a Parliament should have been present , and some King also ; but that neither the one nor the other , nor both the Houses of Parliament , nor any other Judicature on Earth had any Authority to call the King of England to account , much less , some certain Judges , chosen by his accusers , masked with the Authority of the Lower House , and the same proculcated . However he wills them again to produce their Authority , and he would not be wanting to his Defence , for as much as it was the same offence with him to acknowledge a Tyrannical Power as to resist a lawful one : But the President made answer , That he was not to question the Jurisdiction of the Court , that they were satisfied with their Authority , as it was upon God's Authority and the Kingdom 's , in doing of Justice , and that this was their present work . To which the King said , That it was not his own nor their apprehensions neither , that ought to decide it , and so the President ordered the Prisoner to be taken into Custody , and then the Court adjourned till the Monday following , being the 22. of January , to the Painted Chamber , and from thence to the same place again , and the King was carried back in the same manner as before to St. James's . The Court accordingly met on Monday in the Painted Chamber , and there considering the King's Resolution to deny the Jurisdiction of the Court , or of that which did constitute it , of which debate they had no proper cognizance , nor could they being a derivative power which made them Judges , from which there was no Appeal ; they therefore order , that if the King offer to dispute the same again , the President should tell him , That the Commons of England Assembled in Parliament , had constituted that Court , whose power might not be permitted to be disputed by him , and that if he refused to answer , it should be accounted a Contumacy to the Court , that if he answered with a Salvo his pretended Prerogative above the Court , he should be required to give a Positive answer , yea or no , that he should not have a Copy of his Charge till he owned the Court , and declared his intentions to answer . This being concluded on , the King is again brought to the Bar in the same manner , where the Solicitor Cook moved that the Prisoner might make a positive answer , or that the Charge might be taken pro Confesso , and so the Court proceed to Justice ; and the President did briefly repeat the passages of the last day , and commanded the King to answer to the Articles of Charge , unless he had rather hear the Capital Sentence given against him . But the King still persisted to Interrogate concerning their Authority ; that he had weighty Reasons why he should not acknowledg this new form of Judicature ; that they had no Law for it , and that they could not have an extraordinary Authority Delegated from the People , seeing they had not consulted so much as every tenth Man in that matter . But the President put him in mind of his doom , and told him the Court was abundantly satisfied of their Authority ; nor were they to hear any Reasons that should detract from their Power . And when the King urged to give in his Reasons in Writing , it would by no means be admitted ; and so the President commanded the Prisoner to be taken away . The third Days Trial , which was Tuesday , was in effect the same as the last mentioned , in respect to the Court's demands , and the King's answer , so that the Court adjourned till next Morning at Ten of the Clock ; but the Examination of Witnesses , and other intervening business prevented their then sitting , so that it was Saturday Morning January 27. before they assembled , and 68. of the Judges answered to their Names . As the King was brought into the Court the Soldiers cried for Justice and Execution ; and the King desired to be heard a few words , and so goes on to shew how a sudden Judgment could not be soon recalled , &c. But the President magnified the Patience the Court had had towards him , advised him now at length to submit , otherwise he should hear the Sentence of Death resolved on by the Court against him ; but he still refused to plead , and desired he might have liberty to say some things for the good of the People before both Houses ; but the President said this would but delay and retard Justice . But the King answered , that he had not sought occasions of delay , else he would have made a more Elaborate contestation of the Cause , but that there could be no hurt in a delay of a day or two , rather than precipitate Judgment , which might lay the Nation under perpetual Miseries , and so desired to withdraw , and the Court to consider . The King was carried to Cotton-house , and the Judges withdrew to the Court of Wards , and in half an hour returned ; and when the King insisted still that he might be first heard before his Parliament , and not prevailing , the President went on and shewed how contumacious he had been ; how hateful his Crimes were , and asserted the Parliamentary Authority , producing Examples both Domestick and Foreign , especially out of Scotland , wherein the People had punished their Kings , and then affirmed that the Power of the People of England was not less over their King : That the Guilt of this King was greater than of all others , as being one who according to Caligula's wish , had attempted to cut off the neck of the Kingdom , by waging War against the Parliament ; for all which he was in his Charge called Tyrant , Traytor , Murderer , and a Publick Enemy to the Commonwealth , and that it had been well if that any of those terms might have been spared . At which words the King said , How Sir ; but the other went on , and argued that Rex est qui bene regit , Tyrannus qui populum opprimit , and so lodged Arbitrary Government on him which he sought to put upon the People ; That his Treasons were his breach of trust to the Kingdom , as his Superior , and was therefore called to an account , Minimus majorem in judicium vocat ; That his Murders were many , as being guilty of the Blood shed in the War between him and his people , which could not be cleansed , but by the Blood of him , who shed that Blood ; he wished him to have God before his Eyes , and called God to witness , that the Court came meerly out of the Conscience of their Duty to that place and imployment , which they were resolved to effect , and called for God's assistance in his Execution . Here the King made a motion to speak , but was told his time was now past , and his Sentence was coming on , which the President commanded to be read under this form : Whereas the Commons of England in Parliament , have appointed them an High Court of Justice for the Trial of Charles Stuart King of England , before whom he had been three times Convented , and at the first time a Charge of High Treason , and other Crimes and Misdemeanors was read in the behalf of the Kingdom of England , &c. as in the Charge , which was read throughout ; to which Charge he the said Charles Stuart was required to give his Answer , but he refused so to do ; and so exprest several passages at his Trial , in refusing to answer ; for all which Treasons and Crimes this Court doth adjudge that the said Charles Stuart , as a Tyrant , Traytor , Murderer , and Publick Enemy , shall be put to death by severing his Head from his Body . And then the President said , the Sentence now read and published is the Act , Sentence , Judgment and Resolution of the whole Court ; to which the Members of the Court stood up and assented , by holding up their Hands . Then the King was taken away , and the Court broke up . As the King was lead along some of the Mobb carried it very rudely and unchristianly towards him ; and that Night which was Saturday , January 27. he was Lodged in Whitehall , next day the Bishop of London Preached before him in his Chamber ; and the same day the President , and all the Members of the High Court of Justice fasted in the Chappel at Whitehall . On Monday Morning he was conveyed to St. James's , and in the mean time Sir Hardress Waller , Colonel Harrison , Colonel Dean , Commissary General Ireton , and Col. Oaks were to consider of the time and place for Execution ; and the President and Judges met on Monday Morning , Jan. 29. in the Painted Chamber , who together with the Committee resolved that the open Street before Whitehall was the fittest place ; that the King should be there Executed on tho next day between Ten and Two a Clock upon a Scaffold covered with Black. The King who was now apprehensive of the approach of his fatal end , exprest his desires by a Member of the Army ; That in regard Sentence of Death was past upon him , and that the time of Execution might be near , that he might see his Children , and so receive the Sacrament , and to prepare himself for Death , and that the Bishop of London might pray with him in private in his Chamber ; all which was granted him . When the fatal day appear'd , which was Tuesday , Jan. 30. about Ten of the Clock in the Forenoon , he was called upon to come forth from St. James Palace , now his Prison , and was Conducted on Foot over the Park to Whitehall , Guarded with a Regiment of Foot ; part whereof marched before , the rest behind , with Colours flying , and Drums beating , his private Guard of Partizans being next him ; Dr. Juxton Bishop of London on the one side , and Col. Tomlison on the other ; they went up by the Stairs to the Park Gallery , and so into his Cabinet-Chamber , where he continued at his Devotion , and refused to Dine ; only about Twelve-a-Clock he Eat a Bit of Bread , and drank a Glass of Claret . From thence he was conveyed into the Banquetting-House , and the Great Window Enlarged , out of which he ascended the Scaffold , the Rails whereof were hung round , and the Floor covered with Black , with the Block and Axe set in the middle , and the Executioners wearing Vizzards standing by : He looked round about upon the People , who were kept a considerable distance off by the thick Guards and Troops of Horse that beset the Scaffold , and turning to the Officers , and more particularly to Col. Tomlison , begun with what necessity there lay upon him to say somewhat , lest his silence might be made an argument of his guilt , and with a Protestation of his innocency in reference to any design he had to retrench the just Priviledges of Parliament ; yet acknowledged his punishment to be just from God , and instanced only in his giving way to the death of the Earl of Strafford ; appealed to the Bishop of London , ( who stood by ) for his forwardness to forgive his Enemies , yet professed a great concernedness for the Weal of the Kingdom ; shewed how the then Managers of the State were in the wrong to think to govern by the Sword , advised them to restore his Son to the Inheritance of his Ancestors , and the People to their Rights , and due Liberties , to the abrogating of which by the enormous power of the Sword , because he could by no means be induced , he was brought thither to undergo a Martyrdom for his People . Then he prayed , and being minded by the Bishop to satisfie the Spectators as to his Religion ; he said , that he had deposited the Testimony of his Faith with that holy Man , meaning the Bishop : That his Life and Profession had been well known , and that now he died in the Christian Faith according to the Profession of the Church of England , as the same was left him by his Father of Blessed Memory : And then turning about to the Officers , and professing the hopes he had of his Salvation , he began to prepare for the Circumstances of Death . The Bishop put on his Night-cap , and uncloathed him to his Sky-coloured Sattin Wastcoat ; he delivered his George to the Bishop's hands , and charged him to remember to give the same to the Prince , and having prayed again , he stooped down to the Block , and had his Head severed from his Body at one Blow about Two of the Clock in the Afternoon , the day aforesaid , in the year 1648. dying the same death as to kind as his Grandmother Mary Queen of Scots had done sixty two years , and eight days before at Fothringham Castle in Northamptonshire , and I think was no whit inferior to her in the misfortunes of his Life . And to note a few , his three Favourites , to wit , Buckingham , Laud and Strafford , undergoing a violent death , and the two latter falling by the Axe , as forerunners of his own destiny . And as to his own Personal errors ; when Bristol was cowardly surrendred by Fines , had he then marched to London , as he might have done very well , all had been his own , but loytering to no purpose at Gloucester , he was soon after well banged by the Earl of Essex . When he had worsted Essex in Cornwall , he neglected the like opportunity of getting to London . Guilty he was of the same oversight in not commanding the Duke of Newcastle to march Southwards toward the Metropolis of England , before the Scots entred the English Borders ; and in not doing the like himself , after he had taken Leicester ; for there was nothing then that could have hindred him to become Master of the City . The same ill success he had as to his Treaties about being restored : And in short , he was generally unfortunate in the World , in the esteem not only of his Enemies , but in some sort of his Friends too , for as the later were n'er pleased with his breach of Faith , so the former would say , he could never be fast enough bound ; and the Blood that some years before dropt upon his Statue at Greenwich , and the falling off of the Silver Head of his Cane at his Trial , were interpreted as dismal presages of his disastrous fate . His Head and Trunk after the Execution were immediately put into a Coffin , and conveyed to the Lodgings in Whitehall , and there Embowelled , and from thence conveyed to St. James House and Coffined in Lead . About some fortnight after , the Duke of Lennox , Marquess of Hartford , Earl of Southampton , and Bishop of London , got leave to bury the Body , which they conducted to the Chappel at Windsor , and Interred it there in the Vault of Henry the Eight , with this Inscription only upon his Coffin , Charles King of England . And herein he was more unhappy than his Grandmother Mary , for whereas her Corpse were some years after her death taken up by her Son King James , and Reposited with all the Funeral Pomp that could be , in the Chappel of King Henry the Seventh her Great Grand Father . This King's Remains , notwithstanding the Commons , had Voted in 1669 , the Sum of 50000 l. for the Charge of taking it up , a Solemn Funeral had of it , and a Monument for it , yet lay neglected , as if it had been blasted by fate , King Charles the Second his Son , they said , forbidding of it . A Physician that made inspection into the dissection of the Body , related that nature had designed him above the most of mortal men for a long life , but Providence ordered it otherwise ; for he was cut off in the Forty ninth year of his Age , being his Climacterical , and twenty fourth of his Reign ; leaving six Children behind him , three Sons , Charles Prince of Wales , James Duke of York , and Henry Duke of Gloucester , whereof the two Elder were Exiles ; and three Daughters , Mary Princess of Orange , Elizabeth a Virgin , who not long survived him , and Henrietta Maria born at Exeter . Charles his Eldest Son , who was then at the Hague , when he heard of his Father's disastrous fate , assumed the Title of King of England , &c. tho an Exile , and without any Kingdom to command . He was born at St. James's May 30. 1630. it was said a Star appeared over the place where he had been born , in broad day , which in those times was interpreted to prognosticate his happiness , but the Ecclipse of the Sun which happened presently after was no less a presage of his future Calamities . There was little remarkable in him , or concerning him , till the year 1639 , when the unhappy disaster of breaking his Arm befell him ; and that not long after he was afflicted with a violent Feaver , accompanied with a little of the Jaundice ; but having at length recovered his perfect health , and the fatal differences begun long before , but now daily increasing between the King his Father and the People , he accompanied him into the North of England ; where he was a Spectator of that dismall Cloud , which tho small at its first gathering , yet was pregnant with that dreadful storm , which in a short time spread it self , over him , his Father , and three Nations : For going to take possession of Hull , as they thought , they were by Sir John Hotham denied Entrance , and forced to wait several hours at the Gate all in vain . From this time forward the War increasing between the King and Parliament , he was first spectator of that successless Battle to his Father's Arms at Edgehill , staid some time after at Oxford ▪ From thence returning to the Field , and the King's forces in the West , under the command of the Lord Hopton , of which the Prince was nominally General , being routed by General Fairfax , he was necessitated to retire to the Isle of Scilly , and from thence betook himself into France : To whom his Father , now depriv'd of Command himself , sent a Commission of Generalissimo of those few Royalists that survived the late unhappy overthrows , and this brought him to the Isle of Guernsey ; where he possest himself of some Vessels that lay there , and having joyned them to those he had brought with him out of France , he sailed from thence into the Downs , where he seized several rich Merchant-Ships , and expected some Land-forces from Holland , raised by the Prince of Orange for his Service . But alas , he was as unfortunate now in his Warlike attempts , as his Father had been before , and was still in his Treaties of Peace ; for Poyer and Langhorn , who made a rising in Wales were soon beaten , so were the Surry , Essex and Kentish Forces , without any reinforcements from him as was designed ; and when he Landed some forces for the relief of Deal-Castle , they were vanquished almost as soon as Landed . This with the taking of Colchester by Sir Thomas Fairfax , sent him back again to his Sister the Princess of Orange to the Hague . Here it was that he was first Entertained with the horrible news of his Father's Tragical death , and then saluted by the name of King , but a forlorn Man , and without any Subjects to govern ; for now the Rump Parliament ruled the Roast in England , and had assumed to themselves the Supream power of the Nation , by the name and title of the Commonwealth of England ; but this procedure of theirs did not relish well with the Scotch Covenanters , and especially now they found , that those Persons in the English Parliament , that had been most forward in establishing the Solemn League and Covenant between both Nations , were not only laid aside , but clapt up into nasty PRISONS . Wherefore being willing to lay hold on any Twig ; the Scots resolve not to put up the supposed injury tamely , but to try their Fortune with the Rump by Arms , and to that end agree to invite the King over to take Possession of his ancient Kingdom of Scotland , but yet tye him so by vertue of the Treaty with him , to take their Solemn League and Covenant , as a Testimony of his sorrow for his Father's Sins , and to banish all those out of his Court who would not take the Covenant , or bare Arms for his Father . But they could not have found a Plant ( as Mr. Coke observes ) more unlikely to produce the Fruit of Repentance or to establish Presbytery than himself ; however , over Shooes over Boots , prepare he does to waft himself over for Scotland . To be a King in fact , he desired above all other things , and in June 165O , landed at the Spey in the North , having scaped a scouring , for some of the Rump Ships lay in wait for him as he passed the Sea , and narrowly mist him . In some time after he was solemnly Crowned at Scone , but alass it was no long-liv'd Dignity , and he had but little Joy of his Crown ; for Cromwel had entred Scotland with the English Army , and having beaten the Scots in several smaller Rencounters , did at last upon the 8 of September utterly overthrow the much more numerous Kirk Army at Dunbar , commanded by old General Lesley , killing 3000 of them in the Battle and pursuit , and taking 9000 Prisoners with all their Baggage and Ammunition , with above 200 Colours . To augment these Miseries , the King who was very squeamish in Religion , and could not submit to the rigid discipline of the Kirk , runs from Scone towards the High-lands , after whom ran Montgomery , promising , if he would return , the Kirk would remit part of the Discipline , and so he came to St. John's Town : But here was no lasting Tranquillity for him , for tho' in this time he raised a very numerous Army , yet the Kirkmen being beaten at Dunbar as aforesaid by the English , began to rail bitterly against those who had called the King in too hastily , before he had given true signs of Repentance , and they assumed the Kingly Authority so far , as to make such Generals of the Kirk Army as they thought sit . But Cromwel in the mean time prevails in his Conquests , and tho' Scotland were a cold Climate yet he made it too hot for the King and his Army to hold long there , and therefore he slips with them to England by the way of Carlile , but was followed close at the heels by Lambert and Harrison , and soon after by Cromwel himself with the main Army . But he arrived at Worcester City with little opposition , and there Cromwel came up with him , where they joyned Battle , but as all his attempts before in his Fathers Cause had proved succesless , he met with no better Fortune now he fought in his own Cause , nor indeed hardly ever did in all his Life-time by Arms ; for here his Army was utterly Routed by Cromwel , ( that very day twelve Month , he had beaten the Scots at Dunbar ) 3550 whereof were killed with Duke Hamilton , and General Forbes and 5000 taken Prisoners , of which number were the Earls of Rothes , Kanworth and Kelly , the Lords Sinclaer , and Mon●gomery , General of the Ordinance ; and soon after David Lesley , who fought not or but little in the Battle , was Routed by Colonel Lilburn , and together with Lauderdale , the Lords Kenmoure and Middleton taken Prisoners . The poor King seeing all now irrecoverably lost , about six in the Evening marched out at St Martin's Gate , leaving all that was valuable but his Life behind him , as a prey to the Enemy ; and being come to a place called Barbon-Bridge , he consults with the few followers he had with him , what to do , among whom it was resolved he should endeavour to get back into Scotland , and one Walker , who belonged to the Lord Talbots Troop was made choise of to be his Guide Northward : But Walker being at a loss when he came to Kinver-Heath and not knowing which way to go , the King consulted with the Lords yet about him , whither he might repair with most safety to take a few hours rest , in regard he found himself quite worn out and spent ; whereupon the Earl of Derby advised him to go to Bosoobel , where in his Flight from Wiggan to Worcester , he met with a trusty Person , and where there was great conveniency of Concealment . This being agreed to , Mr. Gifford who knew the way best , was appointed to conduct him thither ; but he proposing to carry him first to White-Ladies , a house about half a mile from Boscobel , where he might repose himself a while , and then take farther Resolutions , this was consented to , and thither they immediately repaired , and were readily entertained by George Pendrel the youngest of the five Brethren . By this time the King found himself extream hungry and very much tired with his long and hasty march , and here it was that he rubbed his hands and face with the foot of the Chimney , had the locks of his hair disorderly cut off , and was stripped of his blew Ribbon , buff C●at and other Princely Ornaments , which to prevent a discovery were buryed under Ground , and his Case now was not imparallell to his Great Ancestor Robert Bruce King of Scotland , who for fear of Edward I. King of England , was forced to sculk in the High-Lands , and there to live for a time more like a Brute Beast then a Man , much less a Prince , as we have noted towards the beginning of this History . The Kings fine Shirt was also exchanged for a course Canvass one borrowed of one Martin , and a suit of Cloaths answerable to it , of Richard Pendrells put on by him ; and then he assumes the name and imployment of a Woodman , and so with Richard , with a Bill in his hand he went into the Wood , while the other Brothers went out to scout . It was not above an hour after his going into the Wood before a Troop of the Parliaments Horse came to White-Ladies to look after him ; But being told by the Towns-men that a Party of Horse had been there about three hours before , but hasted away , they made no stay but went upon the pursuit ; which being told to the King he would not adventure to come into the house out of the Wood all day , where he was miserably wet with the heavy Rain that fell , and where about noon Richard's Sister brought him a mess of Milk , mixt with Eggs and Sugar , in a black earthen Dish , and the King guessing it to be Milk and Apples , said he loved it very well . In the Evening he left the Wood , and with the brothers and Francis Yates their Brother-in-law went to Richard Pendrell's House , under the name of one William Jones a Wood-Cutter , newly come thither for Work , where he had Bacon and Eggs for supper . When he had refresh'd himself a little , he departed that night to Mr. Wolfs at Madeley with Richard only in his Company , the rest of the brethren taking their leave of him ; and Yates supposing he wanted Money offered him thirty Shillings , which was all he had , of which the King took only Ten. As they Journyed on towards the foresaid place he met with an odd encounter , which put them into no small fright at a place called Eveling-Mill ; for the Miller , who , as it afterward appear'd , was a Royalist , had then in his House , some Considerable Persons of the Kings Army , that had sheltered themselves there in their Flight from Worcester , and being allarmed by Richard's suffering a gate to clap , through which he passed , and boldly demanding who was there ; Richard fearing he had pursued them , quited the way in great hast , and waded through a little Brook , and the King thereupon doing the like , followed him only by the ratling of his leathern Breeches , by which means they escaped the Miller , who not knowing but they were Enemies , was as glad to be rid of them , as they were to shun him . When they came to Mr. Wolf's House , the Family was a bed , but upon Richard's kn●●●●ng , the Daughter came to the door and they were admitted in ; and some Refreshment the King had here , but the fear of his Enemies would not let him rest in this House , and so he retired to an adjacent Barn as to a place less lyable to the danger of a surprize . During his stay there , he consulted with Mr. Wolf about his going into Wales , but finding upon enquiry the strict guard that was kept every where , he was advised to retire to Boscobel house , as the most retired place in all those parts , which he did the night following ; But in the mean time his Hands and Face not appearing sufficiently discoloured , Wolf bathed them in a decoction of Wallnut leaves , as the readiest expedient for that purpose . When Richard and he came to Boscobel , which was about three next morning , the King was left in the Wood , while Richard went in to see if there were any Soldiers there , and finding none but Collonel Careless , who was fled thither from Worcester Fight for shelter , he tells him of the Kings arrival , who went immediately out to conduct him in ; where he fed heartily on Coarse Bread and Cheese , and a Possit , which as a rarity was made by William Pendrell's Wife , of thin Milk and small Beer ; and after Supper , his feet being extream dirty and very much gall'd with travelling , he was forced to wash them , and for want of Shooes to wear , whilst his own were dryed , they were necessitated to put hot embers into them , to dry them a little whilst his feet were a washing . After the King had refrest himself , he was advised by the Collonel to retire to the Wood again as the safest place , where he ascended together with the Collonel into an Oak , thence-forward called the Royal-Oak , where he stayd most part of the day ; but in the Evening he returned back into the House , and was conducted by William to the same place where the Earl of Derby had formerly been secured , which he liked so well , that he resolved during his stay there to trust to it only , and to go no more into the Oak . But one of the Pendrels going on the Saturday following to Shefnall , he met with one of the Parliament Colonels , who was in search for the King , and who coming to understand where Pendrell lived , examined him strictly about it , laying before him the reward of a Thousand Pounds , if he made a Discovery , and also the Penalty of Concealing the King , which was Death without Mercy ; all which Pendrell , upon his return at Night , acquainted the King with , whereat he was not a little terrified . But the Collonel and Pendrell , upon their Assurance of his Safety , did a little comfort him ; and that night the King Supped upon no common dainty , which was a dish of Chickens , prepared by Dame Joan ( as he called her ) Richard's Wife : After Supper , when a little Bed was put into the Secret place where the King was to lye , the Collonel asked him , What he would please to have for Dinner next day being Sunday ; He told him , he could wish he had a little Mutton ; but this they found hard to come by , in that it was not advisable for to have any bought in the Market , because Pendrell's Neighbours knew he was not used to provide any such Meat for his own eating . But the Collonel next Morning early would go to Stanton's Sheep-Coat , and having chosen out a good Sheep , stuck him with his Dagger , and order'd William Pendrell to carry him home ; where being flead and quarter'd , and a Leg brought to the King , he called for a Knife and a Trenchard , and having cut some of it into Collops , called for a Frying-pan , and Cooked some of them himself ; the Collonel in the mean time , by making the Fire , and turning the Collops in the Pan , officiating as Under-Cook . But being inform'd by John Pendrell , that the Lord VVilmot was at Mr. VVhitegraves at Mosle , he sent John thither to let him know he was safe , and would be there that Night ; but when John came , he found VVilmot was gone to Bentley ; however he acquainted Mr. VVhitegrave and Mr. Huddleston that the King was at Boscobell , where he had but very ill Accommodation . Whereupon they went with him to Bentley , and the Lord VVilmot sent John back to acquaint the King with his resolution to meet Him that Night about Twelve or One of the Clock , in a little Grove of Trees , not far from VVhitegraves ; to which end the King prepared to set forth : But having not yet recover'd his late foot Journey to Madley , it was concluded he should Ride upon Humphrey's Mill-horse , a sorry Jade , and a Saddle with other Accoutrements answerable , and was conducted thither by the Five Brothers , four whereof were only Scouts , while the fifth attended upon His Person . When they were come to Penford-Mill , his Guides desir'd him to alight , and walk the remainder of the way on foot , which was about two Miles , by reason the Foot-way was the safest : Whereupon Humphrey and George returning with the Horse , the rest waited on him to his Journeys end , where , when they were arriv'd , the King was conducted by Huddleston to VVhitegrave's House ; the Lord VVilmot being gone thither before him , in regard he staid somewhat longer then his time ; where , having viewed the Secret Place , wherein he was to be conceal'd , he went into VVilmot's Chamber , and sitting down upon the Bed-side , his Nose fell a Bleeding , which made him pluck out of his pocket an Handerchief , which was both very coarse and dirty , but suitable to the rest of his Apparel : For he wore a Leathern Doublet , a pair of Green Breeches , and a Jump Coat of the same , a pair of his own Stockins , with their Tops cut off , because they were Embroyder'd , a pair of Shooes cut and slash'd to give ease to his Feet , an old gray greasy Hat , without a Lining ; his Face and Hands being answerable thereunto , made of a rusty Complexion , by the help of the Walnut-leaves . Huddleston observing that his Shirt , which was very coarse , was troublesome to him , and hinder'd him to rest , he furnish'd him with a better ; and plucking off his Shooes and Stockings , and carefully drying his Feet , he found that some body had innocently put White Paper betwixt his Feet and his Stockings , which , with his Travelling on Foot from Penford-Mill to the House , was so roll'd together , that it served rather to increase , than asswage the former soreness of his Feet . But not thinking it convenient to tarry there long , he sent John Pendrel to Collonel Lane to Bentley , to desire him to convey the Lord VVilmot's Horses thither that Night , about 12 of the Clock , in order to his putting in execution the Resolution he had taken , of going Westward , under the Protection of a Pass Mrs. Jane Lane had procured for her Self and her Man to Bristol , supposing , that the Enemy would , in all probability , Pursue him Northward , without entertaining any suspicion of his going into the West . Lane brought the Horses according to Order , and so convey'd the King to his House at Bentley , from whence , in pursuance to his Resolutions , he Rid before Mrs. Lane to Bristol , Wilmot attending him at a distance ; but finding himself somewhat incommoded with his Cloak , he complained to his supposed Mistress , that it wearied him ; which made her desire Mr. Lastell her Father , who also Rode along with them , to carry it for him . But they had not Rid far , before she met with her Brother-in-Law , who ask'd her , If her Father must carry her Man's Cloak ; to which she made Answer , That it was so big , that it often endanger'd the throwing her down , else she would not have been so uncivil . But they were no sooner got out of this danger , then they fell into a far greater ; for being to pass through a Town , where a Troop of the Enemies Horse was drawn up , as if on purpose to oppose their passage , the King was put into an horrible Fright ; but the Captain thinking no otherwise of them then honest Travellers , proved very Civil , and Commanded his Troop to open to the Right and Left , and permitted them quietly to pass forward ; being come to a Gentleman's House at Leigh , he met with a double Rencounter , one whereof , tho' he were surrounded with so many Misfortunes , made him Smile at the conceit of it , as much as the other Terrifyed him with the Apprehensions of the Danger he might be in : Being there left in the Kitching , under the Notion of a Serving-Man , the Maid happening to enter into some Discourse with him , enquired where he was Born ? What Trade he was ? How long he had lived with Mrs. Lane ? and several other the like Questions suitable to a Kitching Wench's Curiosity ; to which he made Answer , He was Born at Brumingham , was a Nailor's Son , and had lived with Mrs. Lane about a Twelve Month. But the Jack being down , she desired him to wind it up ; He being unskilful therein , went the wrong way to work , and was like to have spoiled the Jack ; whereupon the Maid highly offended , vented her Passion in Billinsgate-Language against him , asking him , Where he was Bred ? and saying he was the most Ignorant Fellow she ever saw in her life , and much more to the same purpose , which made him withdraw out of the Room Smilingly : But the King finding the Gentleman's House to be a place of great resort , to prevent a discovery , feigned himself sick of an Ague , and so kept his Chamber all day , and came down only at nights , and it being the Nature of that Distemper to occasion Thirst , that his pretence might seem real , he sometimes desired the Butler to give him a Glass of Wine ; who not only Gratified him therein , but did one Evening , when he found him below , invite him into the Cellar , and there forc'd him to drink two or three Healths , one to His Majesty , another to His Mother , &c. but at length , by some thing he discover'd in him , he began to suspect him to be the King , notwithstanding his disguise ; and thereupon falling on his knees , begged his Pardon , and protested he would be faithful to him in whatever he should command him , of which ( tho' he was terribly surpriz'd ) he took little or no notice ; but having drank up his Wine went his way : Whereupon the Butler's suspition increasing , he went up and asked Mr. Lastel , How long he had had that Servant ? who being angry at the Butler's Inquisitiveness , demanded of him the Reason of it ? upon which the Butler whisper'd him in the Ear , and told him , He believed him to be the King. This Passage made the King very uneasie , and therefore he resolved to hasten his going to Sea as soon as possible ; but tho' there lay a little Bark there , that was looked upon very fit for the purpose , yet the Master could not be prevail'd upon to Transport a Single Person , which did not a little perplex him , and made him take another resolution of going farther Westward , where he was concealed at a Gentleman's House about eight or ten days , in which time Preparation was made for his Passage into France . But coming to the place where the Vessel was provided , he chanced to Dine with a Collonel of the Parliaments Army ; and therefore fearing his Embarking ▪ singly might work some suspition in him , he chose rather to defer it , and so returned to the place whence he came , and from thence , after three weeks longer concealment , was conveyed through By-ways , to a Gentleman's House in Sussex ; where having concealed himself till the Search for him was pretty well over , he was , at last , provided of a small Ship , that took Him in at Shoreham , a little Creeck in that County , and set him on Shore near Havre de Grace in Normandy , from whence he went to Diep , and so to the French Court , and from whence he stirred up the Dutch , by the means of his Sister the Princess of Orange , to make War upon the Rump in his Favour . But all that he got by it was , an entire disappointment of his hopes that way , and they to be so beaten , as they were never before nor after by the English Fleet. Oliver Cromwel sometime after assuming the Supream Power by the Title of Protector , he and Mazarine grew so gracious one with another , that France began now to be too hot to hold King Charles ; so as , he was necessitated to retire thence to the Elector of Cologn , and afterwards into the Spanish Netherlands ; where he ordered the English , Scots , and Irish , in those parts , which amounted to between four and five thousand Men to joyn the Spaniards to attempt the relief of Dunkirk , then besieged by the French and English . But herein he was as fatal in his Arms as he had been all along before ; for the Spanish Army were utterly routed , and this defeat broke his whole design , so that he never after made use of Arms to recover his Inheritance , but retired to Bruges ; where he stay'd to see the event of things . The death of Oliver Cromwell , together with the many changes of Government that happened thereupon in England , gave new life to his hope , and made him go in person to the Pyrenaean Treaty to promote his Interest ; from whence he returned through France to Bruxells . But coming to understand that Sir George Booth , and the Cheshire Men were supprest by Lambert , it did not a little damp his hopes , and made him return again to Bruxells , from about St. Maio's , where he privately lay in readiness to take Shipping for England , upon the first good event of Sir George and others undertakings for him . But his Crown was not to be recovered by War ; how then came he to be restored ? A grand step towards it was the Rump Parliament's Jealousie of Monk , and his Jealousie of them again ; But what contributed most to it was the unsetled state of the Nation , under the many Vicissitudes of Government that had been introduced since the death of the King his Father , which made the People very uneasie , and long for a Settlement upon any terms ; and therefore the Convention when they met in order to it on April 25. 1660. did hand overhead without any Preliminaries of asserting the Rights and Liberties of the English , so manifestly violated by his Father and Grandfather , restore him without any contradiction ; which did not a little contribute to the succeeding uneasiness of his Reign , as well as the Nations trouble . But restored he was , as aforesaid ; and on May 25. following Landed at Dover , and was received every where with utmost Demonstrations of Joy. About October following came over the Queen-Mother , seemingly to Treat about a Marriage between Mounsieur of France and her fair Daughter Henrietta Maria ; But it 's like the Marriage between the King and the Infanta of Portugal was no less designed , which was after Consummated , and wherein he was as unhappy in respect to Procreation by her , as he was fruitful in what ground soever else he sowed his seed , which he was Prodigal enough of . But there was yet somewhat else of far more dangerous consequence to poor England , and more dishonourable to the King , that brought the Queen-Mother over , and that was the Sale of Dunkirk to the French , whose Agent she was in that fine spot of work . If the King's Arms , whilst an Exile , in conjunction with the Spaniards , were so unsuccessful in the relief of Dunkirk , then Besieged by the joint force of English and French ; he was much more unhappy in the Sale of it afterward for 400000 l. ( whereof one moiety was detained for the Portion of Henrietta Maria his Sister ) and not to the Spaniards , who were kind to him in his adverse Fortunes , and had most right to it ; but to the French , who had done all they could by their Embassador Bourdeux to hinder his Restoration , and on whose side the Ballance then lay ; which it had been his business to have kept even as his Predecessors the Kings of England were wont to do , and particularly Henry 8. and Queen Elizabeth : This action I think was us unparallel'd as any can be found in our English Annals . It was indeed a Charge against Mary Queen of Scots , that she would have transferred her Right of Succession to the English Crown to the then King of Spain Philip 2. but that if true , was giving away what was not in her power to dispose of ; and much such another Donation as that of the Pope's to the Emperor Charles , of the Kingdom of Mexico , tho with a different fate to both Nations ; but here was neither Donation , force , nor any visible necessity , but a voluntary act in King Charles to the inestimable damage of England , as has been but too sensibly felt to this very day . You must note that the gazing World stood a little while amazed at the strange Revolution in England by the King 's easie and pacifick Restoration , and with what transports of Joy he was received by the Nation , then in a most Warlike posture , and as much dreaded by our Neighbours , and particularly by the French , who had formed designs for an Universal Monarchy : But now they were put to a stand to see what such a mighty power , and apparently lasting Settlement in England would produce ; yet finding at length that here all thoughts of Military glory and extention of Dominion seemed wholly to be laid aside , and all the severity of the preceding times , daily degenerate to the Luxuries of an Effeminate Reign ; they began to reassume their former design , and to prosecute the foundation Cardinal Richlieu had laid for them . But that they might make sure work on 't , and see that they made a true judgment of the English affairs , they resolved to try such an Experiment as would throughly decide the matter , and what must that be but overtures for the buying of Dunkirk ; which succeeding as aforesaid , according to their wishes , raised their hopes higher than ever of attaining their ends . And because they knew well enough that the English were a powerful People by Sea , and that while they retained the Soveraignty of it , it would be a hard rub in their way , they joyn their strength with the Dutch to dispute the Dominion of it with us ; but the Dutch were as unfortunate in their Allyance in the first Dutch War , as the English were in the second , when they joyned with them against the Dutch ; for excepting the time that the English Fleet was divided in the first War , and that base business of burning the Ships at Chatham , so much to the King and Nations dishonour ; the Dutch came by the worst of it in all the rest of the Engagements ; and it was much the same luck the English had by their Conjunction in the second War , the French both times standing aloof as looking on , and no doubt laughing in their sleeves , to see the two most Potent Nations in the World by Sea , weaken and destroy one anothe whilst they in the mean time not only saved their own stake , but learned how to fight , and doubted not but in time to run away with the prey from both of them . The People of England were no more satisfied before with their imaginary happiness in the King's Restoration ; but they were now , upon the ill management of Affairs , the much Treasure that had been spent to so little purpose , and more especially upon our Conjunction with the French , to the manifest hazard of the Protestant Religion , as well as the Civil Rights of Europe , as much uneasie and suspitious of the Court-proceedings : And it did not a little incense them that the French made such a Progress in Flanders , and got all by Land , while we got nothing but Blows at Sea ; and therefore the House of Commons on the 31. of October 1673. Voted that considering the present State of the Natition , they would not take into further Consideration , any Aids or Charges upon the Subject , except it did appear that the obstinacy of the Dutch did render it necessary , nor before the Kingdom should be effectually secured from Popery and Popish Counsels , and other Grievances redressed : which procedure thunder-struck the King and his Frenchified Council , so as that a Peace with the Dutch was quickly huddled up ; and so he then set up for a Mediator of Peace between the rest , and the Treaty spun out to a very great length at Nimeguen ; and was at last concluded after some years Conferences without King Charles consent by Beverning the Dutch Agent ; which spared him a labour of entring into an actual War with Franee , as the Parliament would have had him ; and to which he was as unwilling as he had been before forward in his engaging against the Dutch , a Protestant State. The remainder of his succeeding Reign was as uneasie to himself and to the Nation , upon the account first of the Popish Plot , the many endeavours to stiffle it , the Bill of Exclusion , and the Division of the Nation into Whig and Torry hereupon ; then that called the Presbyterian Plot , both Plots they said against his life , ( which if true , he was the more unhappy ) for which last the Noble Lord Russel suffered , and the Great Earl of Essex had his Throat Barbarously cut in the Tower of London the King's Prison , and King Charles had the unhappiness to be there that day , where he had not been hardly in twenty years before . And last of all the forfeiture and seizure of Charters ( which tho carried on with great fury in his Reign , that thereby he might have a Parliament of his own choosing , as Cromwell had , and so do what he pleased ) yet he did not live to compleat his designs . Tho' the Censures upon the manner of his Death are various , yet most are agreed ( says the Author of the Introduction to King Charles II. Character ) there was some fraud in it , some ascribing it to the intreagues of France , who as they Undid his Father by a Wife , Ruined the Son by a Mistress ; and therefore alleadge that the French King being weary of feeding him with Pensions , and dreading his natural Parts , if upon any disgust he should come to unite with his Parliaments against France ; he thought it his Interest to take him off , and make way for a Successor , who as he made open profession of his own Religion , would be more pliable to his dictates : Then as touching the method of effecting it , they say , that the Dutchess of P. who bewitched him with her Amours , and had not only drained the substance of his Body , but likewise the substance of his Purse ; either of which being once accomplished , the Love of a St — ●t to her Paramour vanishes , so that having a mind to change Gallants , or seeing no more hopes of former advantages , she gave him such Provocatives as made him act beyond his natural Strength , and threw him into those Apoplectick Fits which carryed him off : There are others who ascribe his Death to the Romish Faction , who being angry at his having so often deceived them , and impatient till they came to a tryal of skill for establishing their Religion , while Lewis XIV . was in the height of his Power and Glory , did therefore administer the fatal Dose , which sent King Charles II. a Packing , and brought his Brother to the Throne ▪ under whose auspicious Conduct , they made no question of restoring the Church of Rome to the full possession of all she had formerly enjoy'd in these three Kingdoms . It 's certain there were some accidents fell out some time before the King's Death , that raised some Jealousy in the breast of the Romanists ; who thought by that , he would , upon the presenting of the first opportunity face about , as they found by experience he had more then once done , and fall in with the Interest of a Party , he now for some years , by their instigation had been endeavouring to destroy and root out of the World : And what rendred their suspitions of him the more incurable , was , that a Pamphlet having been spread abroad , a little before Christmas , 1684. setting forth , that the Earl of Essex had not cut his own Throat , but had been Murdered by Russians set on by the Papists , &c. the King upon the hearing of it , should say , Well , I am resolved to examine Essex's Cause once more . And that he might meet with no obstruction in the way , he ordered the Duke his Brother to prepare to go for Scotland ; which the other , whether smelling the design , or that the train to blow the King up was already layd by him , absolutely refused to do : this occasioned high words between them ; insomuch that the late M. of H. who was well known to be a great favourite , coming on the Sunday before the King Dyed to wait upon him after Evening Service , he found him in his Closet alone under great concern of Mind , puffing after a more then ordinary rate , and looking pensive with his Face towards the ground , which the M. observing , made him stand still , till the King looking up , asked hastily , How now my Lord , How do you do ? to which the M. answering , the better to see his Majesty well , and soforth ; the King returned again to his former posture ; but at length , broke forth into these Words ; My Lord will you be ingenious with we , and answer me one question ? to which the Marquess replying , he would if he could : Then ( said the King ) I charge you upon your Alleagiance to tell me how I stand affected with the People of England : The M. after some pause answered , Sir , you have been always ranked among the mercifull and Clement Princes , and have given evident Testimonies of your being so upon various occasions ; but I must tell your Majesty , that of late your Government has been somewhat uneasy to your People : Well , said the King , one thing I am resolved on , I 'll once more throw my self upon the People of England , and to that end will go this week into the City , and I 'le call a Parliament at the Guild-Hall : the M. was somewhat surprized at these words , and said ; Sir , If that be your Resolution , I pray God to bless it ; but let me beg of your Majesty never to let it go out of your own Breast any further , til● you put it in Execution : Which when the King had promised to do , they parted . The King that night supped at P. Lodgings ; where he seemed to be very merry , and in the close drunk a Dish of Chocolate , prepared by a Wise Lady , of which he complained again and again that it tasted hotter than ordinary ; but he sipped it off , and thence went to his Rest . Next morning which was Munday he was taken very Ill ▪ which , no doubt , was the effect of the last nights Entertainment , however they might call his Distemper ; and so continued till the Fryday following in extream Misery and Anguish , when he dyed , most People suspecting he had foul Play : And many that saw him during his Illness believing it to be so , and particularly ( says the Author of his Character ) the most knowing and deserving of his Physitians Doctor Short , did not only believe him Poysoned , but thought himself so too , not long after , for having declared his opinion a little too boldly in the case . And as the manner and contrivance of this King's Death was the work of Darkness , so were his Funeral Obsequies ; for never any King , who dyed possest of a Crown , was so obscurely and contemptibly Buryed , being hurryed in the dead of the Night to his Grave , as if his Corps had been to be arrested for Debt , and not so much as the Blew-Coat Boys to attend it . King Charles was no sooner gone , but James Duke of York , his only surviving Brother , ascends the English Throne by the style and Title of James II. And made open Profession immediately of the Popish Religion , for which some in his Brother's Reign were severely punished for but saying he was such , or so inclined ; and not only so , but ordered his Brothers Dying in the Communion of the Church of Rome , and before his Death his receiving his Viaticum and other Ceremonies of that Church , and attested by Father Huddleston , to be printed , and also the Papers taken out of the King 's strong Box , shewing ; That however , he outwardly appeared otherwise in his Life , yet in his Heart he was sincerely a true Roman Catholick . He made profession in his Speech to the Council the day of his Brother's Death , that he would preserve the Church and State of England as by Law Established , and as he would never depart from the just Rights and Prerogatives of the Crown , so he would never invade any Man's Property ; but how ill he conformed himself hereunto , is but too manifestly known to all the World. For the very first Week he took both the Customs and the Excise granted only for his Brothers Life , before they were given him by Parliament ; And for the Church , I think no Man so Audacious as to deny the design of his whole , tho' blessed be God , short Reign , was to overthrow it by the introduction of his own Monkish Religion in the room of it : But if he was unhappy first in making such a Promise of adhering to both Church and State as then Established , contrary , no doubt , to the designs he had framed before of Ruining them ; he was much more so in the methods he took to bring his ends about , which Terminated at last in a fatal Abdication , yet so as that he remains to this day naturally alive to be a living Monument and confessor of his own egregious folly : And the loss of the Button of his Scepter that day he was Crowned , which , as far as I could hear , was never found , was I remember then , Interpreted by some , as a presage of no lasting connection between him and the Nation . His petty success against the D. of Monmouth and his Adherents did not a little elate his spirits , which gave him an opportunity to keep a standing Army , and put such Officers into it as were of his own stamp ; and so being backt with this Armed Power , he proceeds bare-fac'd to dispence with the Laws by granting Liberty of Conscience to all that dissented from the Church of England ; thinking hereby , and by a timely regulating of Corporations to gain such a Parliament as would quite repeal them . And that in the mean time he might curb the Church and the Universities , he puts his High Commission upon their Backs , thinking by it to worry them into a compliance . And because my Lord of London would not comply with his Arbitrary Proceedings , Jeffery's with this Popish Bull ( I mean ) the High Commission , roared him into a Suspension . And because the Fellows of Magdalen-Colledge would not ( contrary to their Statutes and Oaths ) choose a President to the King's mind , he first entertained them with a Dish of Billingsgate , and then by virtue of the same Commission , sent them a Grazing into the Countries , to make room for his own Popish Seminaries , and Cut-throat Jesuits . But among all the actions of this King 's Diminitive reign , That of sending the Bishops to the Tower , ( not for refusing to take care to have the Declaration of Indulgence read in their respective Diocesses ) but for Petitioning of him in a regular and dutiful manner , wherein they gave their Reasons why they could not comply with his order , together with an Introduction of a Prince of Wales into the World , as a new Miracle to the Legend , the next day after their Commitment ; was the rashest , most inconsiderate and madest thing he could be guilty of . Surely when he did this , he wanted some body to pray over the Poets wish for him : — Dii te damasippe Deaeque Donent Tonsore . — For it was most apparent by the Universal Joy expressed throughout the Nation at their Acquitment , how they resented their Commitment and Trial : And if the King did before decline in the affection of the People day by day ; I may truly say , this was a concluding act , and lost him England . For now all the Eyes of the People are turned from him towards Holland , where the Prince of Orange was Arming to come to their relief . The King would not at first believe that the vast Preparations in Holland concerned him , tho the French King had given him notice of them the 26. of August before ; but being at length convinced by the States Manifesto of the truth of the matter , he undid in one day all that he had been doing since his first coming to the Crown ; as dissolving his Commission for Ecclesiastical Affairs , restoring the City of London to all its Ancient Franchises and Charters , as fully as before the Quo Waranto , and giving order for the resetling the Expelled Fellows of Maudlin Colledge , in their places again : He made also great Preparations both by Sea and Land for to defend himself ; but tho he be naturally still alive , and he above knows , who knows all things , what his end may be ; yet all these Precautions and windings against the grain , were so far from preventing , that they did now but concur to precipitate his Civil death , which we shall now briefly relate unto you . The Prince of Orange having on November the Fifth Landed his Army in Torbay , he presently Published his Declaration , setting forth the Cause of his coming . Upon which some of the Nobility and Gentry joyned him , and others made Preparations in the remoter parts to declare for him . King James upon the News of the Princes Landing , ordered his Army to march Westward with a resolution to follow in Person ; But before he went , he thought it requisite to provide for the safety of his darling Prince of Wales , whom the Prince of Orange in his Manifesto spread about the Kingdom some days before , declared upon just and visible grounds , that both himself and all the Good People of England did vehemently suspect not to be born of the Queen's Body . Wherefore several Persons were summoned ( who were present at the pretended birth ) to declare the truth upon Oath , and to have the same registred in Chancery ; but the King not daring to trust to the validity of these Affadavits , which the Nation had all the reason in the world to suspect , he ordered the Yonker to be sent away with a strong Guard to Portsmouth , that if things went ill he should be convey'd over into France . In the mean time the Prince of Orange prospered in his Army , and advanced as far as Exeter , and was joyned , among multitudes of others that flocked in to him daily out of the adjacent Countries , by the Lord Cornbury with Three Regiments along with him , which he carried off from the King's Army . About this time the Prince received also intelligence that the Lord Delamere had declared for him in Cheshire . King James being informed of all these things , was horribly dismayed , and uncertain whether he should go to the Army , or no : However at length he took up a resolution of going to Salisbury , where he began to bleed violently at the Nose , which together with the many ill adventures that befell him there , as his being forsaken by his own Daughter the Princess Anne , Prince George , the Duke of Grafton , the Lord Churchill , and many others who went over to the Prince then at Sherborn ; all of them dangerous limbs to be lost by him , he returned Novemb. 26. in the Evening to London ; where for an accumulation of the rest of his Misfortunes he received an Address from the Fleet for a Free Parliament : So that thinking London , nay all England now too hot to hold him ; he first sent his Queen and pretended Son into France , and quickly after followed himself . In order thereunto he put himself Aboard a small Smach , Commanded by one Captain Saunders , but was forced for shelter to put into Eastwall , the Eastern part of the Isle of Sheppy , in order to the taking in of Ballast ; where the Inhabitants of Feversham being abroad to pick up Jesuits , and other suspected persons , met this Vessel ; and having seized it , found this wretched Prince attended only by Sir Edward Hales , and Mr. Labady therein ; who not being at first known , were all of them but coarsly handled by the Mobil●ty , more particularly the King himself , who was rifled of what Gold and Jewels he had about him , and had his Clothes rent and torn in the searching of him . When the Lords at London had notice of his being at Feversham , they sent some Persons to attend him , to move him to return ; but they had in the mean time made their application to the Prince of Orange , for to assist them for the Security of the Protestant Religion ; and sent some of their number with Four Aldermen , and Eight Commoners to attend him at Henley . The King who was detained at Feversham , till the aforesaid Orders came from London , did December 15. remove to Rochester , and from thence next day being Sunday returned to Whitehall , attended once more like a King of England , with a Troop of Granadiers , and three Troops of the Life-guard . But it was only Pageant greatness , for a set of Boys only followed him through the City , and made some Huzza's , but the rest of the People silently looked on : And here he found the Popish Religious houses laid as flat to the ground as his own heart was now sunk deep in his body . Upon his Arrival at London , and finding there no ease , he desired the Prince that he might return to Rochester again , which being granted readily , he took his final farewell of the City , and went to the foresaid place , where he staid till the 23. of December , when about One or Two in the Morning , he privately withdrew , taking only Mr. Sh●●don and Delabady along with him , with whom he went to Dover , and there Embarkt in a Vessel that lay ready for his Transportation to France ; So he went out like a snuff in England , but still retained some glimmering light in Scotland and Ireland , in the last of which he arrived in Person the March following . But his light in Scotland did not long burn , for the Convention there as well as in England , rejected him as the Violator of all their Rights ; and Dundee falling by the Sword the July following 1689 , together with the Surrender of Edenburg Castle , and other misfortunes quite extinguished his hopes there . But in Ireland he had a name to live as King , till about a year after , when his Army being totally routed at the Boyn by our brave King William , he made as much haste to get over into France , as if he had been to go to take possession of a Crown , instead of running away from one . Various Struggles he made still to recover a Regal Life , but he prosecuted his ends by such Villanous Methods and Instruments , and more especially by setting his Vile Assassins on Work to Murder the best of Kings , and bravest of Men , our Lawful and Rightful Sovereign King William III. as are not to be mention'd but with utmost Horror ; But through the goodness of Heaven , they have met with as little success as the Practices have been foul and Clandestine ; and so we leave him to him that made him , and withall wish him a far greater proportion of rest and happy Tranquillity in the future World , then he hath found of unrest and disquietude here ; and a much speedier translation into that state , then the hast himself hath made to precipitate his own Abdicated fate . The Abdicated Throne was filled up by the Advancement of a Prince and Princess to it , that England was n'er blest with the like before ; one in Religion , and one in Interest and Affection with the Nation ; our King Hero-like Fighting our Battels abroad , ( and pray think it not a small thing , for England has not enjoy'd such a Blessing these Hundred and fifty years ; and it has scarce ever been well with us , when our Kings did not go in and out before our People ) and our Queen , as wisely and gently Swaying the Scepter at Home , to the Gladning of all our Hearts ; and in all Her excellent Comportment , choosing to Rule in the Love and Affections , rather than the Fears of Her People . Here we promis'd our selves a lasting Tranquility , and many happy days to come , under the benign influence of her Reign ; but Alass , alass ! our hopes quickly vanished , our Joys faded , our Hearts failed us for fear , and sable clouds of Despair overshaddowed our whole Isle , by Her unexpected , by Her early , I say , by Her early , tho' natural Transition from a Corruptible to an Incorruptible Diadem : Her gain it was , but our loss ; She tho' young , yet ripe for ineffable Joys above ; And we , tho' long inur'd to Tryal , unripe for to sustain the loss of Her here below ; And surely no Prince ever departed this Transitory Life , that was so unfeignedly lamented by his Subjects , as this incomparable Queen ; as was apparent by our universal mournful weeds without , a demonstration of the blackning sadness of our hearts within . The last she was , and incomparably the best , of the Stuarts that wore a Crown , and the Second of that number that went to Her Grave in Peace ; as Robert II. who was the first of the Stuarts that ever was King , was the only other of the Kingly Race that did so : I know Mr. Coke says in his Character of King Charles II. That none of His Name hereafter was ever like to have a Stone to cover his Grave as King of England ; but that I will not say , as not pretending to know what is laid up in the Womb of Futurity . But if you please , after all this Mournful Entertainment , I 'll tell you a Story ; The Lyon , on a time , called to the Sheep , and asked her , If his Breath smelt ? she innocently said , Ay ; which made him bite off her head for a Fool : then he called to the Wolf , and asked him , who reply'd , No : and his head he bit off for a Flatterer ; last of all he put the same Question to the Fox ; but the Fox truly for his part desired to be excused ; for he had a Cold upon him , and could not Smell . FINIS . Notes, typically marginal, from the original text Notes for div A47020-e12630 Robert Stuart , by the Name of Robert II. tho' the first of the Stuarts , was crowned King of Scotland , Mar. 25. Anno Dom. 1370 Robert III. Alias , John Stuart , began his Reign , An. Dom. 1390. James Stuart I. began his Reign actually Anno 1423. having been a Prisoner in England almost eighteen Years . James Stuart II began his Reign March 27. 1437. James Stuart III. began his Reign Anno . 1460. James Stuart IV. began his Reign An. 1488. James Stuart V. began his Reign Feb. 14th . 1513. James Stuart I. began his Reign over Great-Britain , Mar. 24. 1602. † Charles Stuart I. began His Reign over Great Britain , March 27 th . 1625. Charles Stuart II. assumed the Title of King upon his Father's Death , Jan. 30. 1648. Charles Stuart II. Restored to his Dominions , An. 166● . James Stuart II. came to the Crown February 6. 1684 / 5. William of Nassaw III. and Mary Stuart II. began their Reigns Febr. 13. 1688 / 9. 
A59425	----	The case of the present afflicted clergy in Scotland truly represented to which is added for probation the attestation of many unexceptionable witnesses to every particular, and all the publick acts and proclamations of the convention and Parliament relating to the clergy / by a lover of the church and his country. Sage, John, 1652-1711. 1690 Approx. 246 KB of XML-encoded text transcribed from 66 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A59425 Wing S285 ESTC R25113 08762217 ocm 08762217 41758 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A59425) Transcribed from: (Early English Books Online ; image set 41758) Images scanned from microfilm: (Early English books, 1641-1700 ; 1268:17) The case of the present afflicted clergy in Scotland truly represented to which is added for probation the attestation of many unexceptionable witnesses to every particular, and all the publick acts and proclamations of the convention and Parliament relating to the clergy / by a lover of the church and his country. Sage, John, 1652-1711. [6], 20, 4, 33-108 p. Printed for J. Hindmarsh, London : 1690. Attributed to John Sage--LC catalog of printed cards. Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Episcopal Church in Scotland -- Clergy. Clergy -- Scotland. Scotland -- Church history -- Sources. 2002-12 TCP Assigned for keying and markup 2003-01 Aptara Keyed and coded from ProQuest page images 2003-02 Olivia Bottum Sampled and proofread 2003-02 Olivia Bottum Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion THE CASE Of the Present Afflicted Clergy IN SCOTLAND Truly Represented . To which is added for Probation , The Attestation of many unexceptionable Witnesses to every Particular ; and all the Publick Acts and Proclamations of the Convention and Parliament relating to the Clergy . By a Lover of the Church and his Country . Father , forgive them ; for they know not what they do . Luke 23. 34 Ye know not what manner of Spirit ye are of , Luke 9. 55. Rejoyce not against me , O mine Enemy : when I fall , I shall arise ; when I sit in darkness , the Lord shall be a light unto me , Micah 7. 8. LONDON , Printed for I. Hindmarsh at the Golden Ball over against the Royal Exchange in Cornhill , 1690. THE PREFACE . Christian Reader , THE following Narrative was writ in a Letter several Months ago from Scotland , by a Person of great Moderation and Integrity , well acquainted with the Humour and Constitution of Scotland ; it has been read and approved by Persons of the best Quality both in the Church and State i● England , and is now at their desire published , because it represents shortly and impartially , the various Methods under which the Church of Scotland suffered since the late Revolution ; That thereby all good Christians , especially the most charitable church of England , may See the sad Effects of Rampant Presbytery , Pity their Brethren that have so severely smarted under it , Consider the fatal Consequences of Papal Supremacy in a Protestant ●irk , and speedily bethink themselves how to quench those Flames in their Neighbours House , which so visibly threaten Destruction to their own . Foelix quem faciunt aliena pericula cautum . Some say , and I hope it 's true , that there are many Moderate Presbyterians to be found abroad in the World , altho with us they have been all ever bent to Persecute when they had Power , and think they do God good Service when they Murther Bishops , and quite raze out their Adherents in Church and State , as is too visible by the late and present Proceedings of that Party amongst us . Dr. Burnet now Bishop of Salisbury , in a Sermon at the Election of my Lord Mayor of London on the 29th of September , observes very well . Some Plead now ( says he ) for Moderation , tho they have forgot it shamefully where they have Power , as the Congregations now in New-England , impose under the pains of Banishment and Death in case of return , not only the Religion of the State , but many speculative Points in Opinion , and other things that are certainly indifferent . The Presbytery in Scotland imposed the Covenant under the pains of Excommunication ; upon which followed a Forfeiture of the Personal Estate , and a Sequestration of the Real ; he might have added , and sometimes Death or Banishment to the Person , but he goes on , and this Covenant all Persons , Men and Women , ( he might have said , Children too ) were forced to Swear , tho few could understand it ; and one Particular was not far from an Inquisition , that every one should discover all Malignants and Enemies to their Cause , in order to bring them to condign Punishment , by which every Man was Sworn to be a Spy and an Informer . The following Book shews in part what Gospel like Methods that Party now use to have the same Principles and Practices again revived in the World , and from it I wish these Moderate Presbyterians which they say are abroad , to beware of that Poison that has made the Brains of their Scots Brethren so Giddy , that their Zeal against Episcopacy may not run them quite out of their Christianity , as it 's too palpable with us it hath done to many . Any Moderate Man will certainly think the difference between our Scots Episcopacy and Presbytery not worth the Heat or Danger of a Dispute , For First as to the Doctrine , both Parties are agreed , the Confession of Faith made by Mr. Knox and ratified in Parliament by King James VI. and revived again in the Test Act by King Charles II. this , together with the Westminster Confession , ( both agreed on by the General Assembly of Presbyters ) are owned next to the Word of God by both Parties , as the Standard of the Doctrine of our Church . Secondly , As to the Worship , it 's exactly the same both in the Church and Conventicle ; in the Church there are no Ceremonies at all injoyned or practised , only some Persons more reverent , think fit to be uncovered , which our Presbyterians do but by halves even in the time of Prayer ; we have no Liturgy nor Form of Prayer , no not in the Cathedrals , the only difference in this Point is , our Clergy are not so over-bold nor fulsome in their extemporary Expressions as the others are , nor use so many vain Repetitions , and we generally conclude one of our Prayers with that which our Saviour taught and commanded , which the other Party decry as Superstitious and Formal ; Amen too gives great Offence , tho neither the Clerk nor People use it , only the Minister sometimes shuts up his Prayer with it . The Sacraments are Administered after the same Way and Manner by both ; neither so much as kneeling at the Prayers , or when they receive the Elements of the Lords Supper , but all sitting together at a long Table in the Body of the Church or Chancel . In Baptism neither Party use the Cross , nor are any Godfathers or Godmothers required , the Father only promising for his Child : The only Difference in this Sacrament is , the Presbyterians make the Father Swear to breed up his Child in the Faith and Belief of the Covenant or Solemn League , whereas the Orthodox cause the Father repeat the Apostles Creed , and promise to breed up the Child in that Faith which himself then professes . Thirdly , As to the Discipline it 's exactly in our Episcopal Church ( if it may be so called ) according to the Model of the Presbyterian Mother Kirk at Geneva , for conformable to the Consistory direction , ( not Rubrick , for that 's a Superstitious word ) we have in every Parish a little Court which we call the Kirk-Session , composed of the Minister or Ministers , if there be two belonging to that Church ; and some Lay men which we call Elders and Deacons too forsooth ; the business of this Court , is to enquire into and punish Scandals , and to collect and distribute the Money which good People are pleased daily to offer at the Church-doors for the Poor : This Court or Session is lyable to the Inspection and Iurisdiction of the Presbytery , who may visit the Sessions , inspect their Records , and receive Appeals from them upon occasion . By Presbytery we mean again a Court of Presbyters inferior to the Synod , for every Synod or Meeting of the whole Diocies belonging to a Bishop , is divided into several Classes or Presbyteries , in each Presbytery there is about eighteen or twenty in some twenty four Ministers , who with the consent of the Bishop , chose their own Moderator or President , they meet ordinarily once every Month , or oftener if they think their Affairs require , for they have power to adjourn and meet at their own Discretion : As the Sessions are subject to the Presbyteries , so are the Presbyteries to the Synod ; which meets always at set times twice every Year , there the Bishop himself pre●ides , or in case of his necessary absence , one commissionated by him , and all things are carried by the Pl●rality of Votes , and the Acts made that way , are the only Canons or Rules we use for Discipline : As the Presbyteries are subject to the Synod , so the whole Synods of the Nation are to the General Assembly , where by Law the Archbishop of St. Andrews is always to pre●ide ; and if I be not mistaken , has a negative Voice , tho he was never known to use it . Now I leave the impartial World to judge , whether Presbyterians that had any Moderation , would not be well contented , and live quietly under such a moderate Episcopacy , where indeed except the Power of Ordination ( which is always to be performed with the consent and assistance if the Brethren of the Presbytery ) and the Title of Lord , which the King is pleased to confer upon them , the Bishops are truly but Constant Moderators , which the Presbyterians themselves , because of the great Divisions , which often happened among them at the electing of Moderators , were at length necessitated to sit down with . Now then let any moderate Presbyterian abroad say , whether indeed it be matter of Conscience or Humour , that makes Presbyterians with us , separate from a Church so Constitute , or whether the difference between our Church and their Kirk be such as can justisie Men in raising so many publick Rebellions , and drawing so much Misery and Confusion upon the Nation and themselves , as our Zealots have often done ; and whether their own Consciences can plead Not Guilty at the last Great Tribunal , where they must answer for all those Murthers and Butcheries , all the Cries and Tears of Widows and Orphans and ruined Families which will then testifie against them ? Or what can they answer now to the World , for the many late Barbarities they have committed against their Protestant Brethren , themselves knowing not for what ; and therefore being ashamed of their Practices , they are fain to conceal and deny them abroad : But to prevent their endeavours that way , and that they may appear to the World in their true colours , I have here , for the proof of this Modest and Impartial Narrative , inserted some few Particulars of the Sufferings of our present Episc●pal Clergy , attested by their own Hands , and by the Hands of Gentlemen of great Integrity , who were Eye-witnesses to the Proceedings , many other of this Parties more cruel Practices against the Clergy , might and may hereafter be published , and attested by the Hands of the most significant Gentry in the several Parishes where the Ministers were persecuted , only here these are singled out now , because all these Papers , as they are attested and here published , were shewed in the original authentick Copies to most of our Governours , both in Scotland and England ; and the greatest part of them sent by a particular Commissioner to King William then Prince of Orange in the beginning of our Troubles . The publick Acts and Proclamations are also added , that Men may not be deceived by thinking , as some would represent it , that the Persecution proceeded only from the Rabble , and that in a Iumble of the Times , when the Government was not in a condition to protect the Leiges ; and by the fourth Collection of Papers I think it 's plain , that the most fatal Blows were all given by the Scots Presbyterians who were and are at the Helm , and that without countenance from these , the Rabble durst never have attempted what they did against all the Laws of the Kingdom , Religion and Humanity ; which plainly shews that Presbyterians , howsoever dignified or distinguished are all of a piece . Considering all this , one would be apt to think that the present Episcopal Clergy in Scotland needed as much the assistance of the Prayers and charitable Collections of the Church of England , as either these Protestants in Piedmont , France or Ireland , especially since there seems to be something harder in our Case than in any of theirs ; for in those foreign Parts , if a Man complies with the Commands of his Superiors , ( which I confess would be sometimes most irreligious in him to do ) then he would have the same Protection and Benefit that other Subjects of his quality are allowed to enjoy : But with us it 's far otherwise , for as it plainly appears by the third Collection of well attested Papers , let men comply never so much with the Commands of their Governors , yet they are in the same sad Case with those that do not in the least comply ; for nothing less than the utter and universal ruine of Episcopacy being according to the Covenant designed ; the Superstructure as well as Foundations must be destroyed , and the Presbyters as well as the Prelates quit rooted out , like Philistines from the holy Land ; And is this nothing to you , O all you that pass by ? give Peace in our time , O Lord , because we have none other that fighteth for us but only thou , O God. Advertisement to the Reader . BEcause the Publick Papers in the Fourth Collection have not been printed in their due Order , therefore the Reader is desired to take notice , that upon the Margin of the second Page of The case of the Present Aff●icted Cl●rgy , &c. instead of Vide first Paper being a Declaration from the Prince , read Vide Declaration by His Highness the Prince , &c. in the fourth Collection of Papers , and on the Margin of that second Page , for Vide second Paper being a Proclamation , read Vide a Proclamation from the Convention in the Fourth Collection : and at the foot of Page six on the Margin , for Vide first Proclamation , read Vid● Declaration by His Highness the Prince , &c. in the Fourth Collection . Some other Errors have escaped the Pres● , because of the Authors great dis●ance from it , he living in Scotland ; but those being not very ma●●rial , it 's hoped the Reader will be pleased to excuse and correct them himself . THE CASE Of the Present Afflicted Episcopal Clergy in Scotland . SIR , AS nothing but a Charity agreeable to its Divine Original , could move you , to be so solicitous to know the present Afflicted State of the Episcopal Clergy in Scotland ; so nothing but your . Command could have obliged me to this short , and plain account of it . Upon what Ground the present Parliament of Scotland have thought ●it to abolish Episcopacy out of that National Church , I will not at present strictly enquire into : Only I may be allowed to say , without offence , That since this Parliament has not judged convenient to abolish it , as a Government either Antichristian , or contrary to reason , or Scripture , or Antiquity , or the Universal opinion of Protestant Churches abroad , or Learned Men in all Ages ; but only as contrary to the Inclination of the People , and ( as such ) a Grievance . It may be considently hop'd , That when Presbytery , or the Usurped Authority of Presbyters without Bishops , shall become a Grievance to the People , ( for what has been so heretofore , may be hereafter ) and so contrary to their Inclination , that then , and in that Case , Episcopacy may for the same reason by Authority of another Parliament be restored again . This is no new thing , for before this Revolution , Episcopacy in Scotland has been abolished twice by Act of Parliament , but so was also Presbytery ; It 's now abolished the third time , and so Presbytery may be . But with this difference , That Presbytery was never setled by Law in Scotland , but when either our Kings were involv'd in Intestine broils , or when the Civil Government was under some great convulsion occasion'd most ordinarily by the practises of that Party , which put them under a kind of necessity , ( not choice ) to allow it . But no sooner did either our Kings , or the Government reassume their just freedom , and vigour , but as soon was Episcopacy both restored and established by Law. So that Episcopacy having been always setled in our Church in time of peace , or at the Restoration of it , May it please God to restore peace to the State , that order in the Church may be it's happy effect . And may we make better use of these two blessings , then we have done hitherto . But as for the inferiour Clergy of Presbyters , who were received into the protection of this Government , first by a Declaration from the Prince of Orange in Ianuary 1688 / 9. And in April thereafter by a Proclamation of the Convention of Estates . By which Proclamation and Declaration all persons whatsoever were strictly forbid upon the highest pains to molest , disturb , or by any manner of way interrupt or hinder the Clergy in the exercise of their Ministry , and peaceable possession of their Livings , They demeaning themselves as it became peaceable and good men . As for them , I say , to be turned out of their Churches in so great numbers , may justly make strangers think these men guilty of hainous villanies and crimes , which have provoked the Government against them , and obliged it to turn them out of their Livings , and forbid them all exercise of their Ministry , to declare their Churches vacant , and to order themselves and families to remove from their dwelling-houses in the middle of winter . To Set then this matter in its true light , it will be necessary to look a little back upon some things which happened before the proceedings of the Privy Council against the Episcopal Clergy . Be pleased therefore to know , that there have been Ministers turned out and deprived since the beginning of this Revolution , by , and under a threefold Authority . The first turning out was by the Authority , or rather Violence of the Rabble in the Western and Southshires only . The Second was by a Committee of the Convention of Estates during the Interval betwixt the Convention and turning it into a Parliament . The third was by the Privy-Council since the first Adjournment of Parliament . As for the first t●rning out by the Rabble , it being executed in a time when the Government of the Nation was in a manner quite dissolved , there is less wonder , that disorders of that kind fell out , then it is accountable why they should not be redress'd now , upon this Governments assuming its Authority , and having Power to make it self obeyed . But before I give you the true matter of fact of this highly presumptuous , and unparalell'd attempt of the Rabble upon Ministers , It will be first convenient to set before you the then State of those Western Shires in matters of Religion ; What was their behaviour towards the Clergy Established by Law , as also how they stood affected to the Presbyterian Ministers then Tolerated by King Iames to hold Meeting-Houses . And first , Tho' it must be confessed that the Western Shires of Scotland have been , and are , the most disaffected Party of the Kingdo ● to Episcopal Government , and have suffered much for the Rebellions which their prejudices against it occasion'd ; yet it 's as true , that before the last Indulgence granted by K. Iames An. 1687. they were Universally in a good Understanding with their Ministers , tho' not in that degree as the Relation betwixt Minister , and People doth require it , being more in shew then affection . For tho' they came generally to Church , and owned that they had overcome their Scruple of Conscience of not having freedom to hear them Preach , yet they still separated themselves from partaking of the Holy Communion when offered : Making it a greater matter of Conscience to receive that Sacram●nt from their hands , then the other of Baptism for their Children . It is also to be presum'd , tho' not much to their credit , that there was more of constraint , for fear of Penal Laws , then a willing mind in this little Conformity they yielded in coming to Church , all which soon appeared . For in the next place , upon K. Iames his Declaration of ●●dulgence , or Tolleration to Dissenters , the People in those Western Shires run immediately into it , accepted of it , and 〈◊〉 agreat zeal to build Meeting-Houses , to call Presbyte●ian Preachers to these Meeting-Houses , and to contribute for their Maintenance . With this State of Affairs they seem'd so well satisfy'd , that they made Addresses of thanks to King Iames , in terms , which were no less acceptable to the then Court , than Scandalons to all Judicious Protestants in both Kingdoms . * But these Addresses having been Printed and Published in Gazetts , I shall take no more notice of them . They were often told by wise Men , that they were running a course in accepting of that Tolleration , most destructive to the Interest of the Protestant Religion , and that it would be much safer for them to continue in their Parochiall Churches as by Law Established , since every thing that weakened that fence , tended to the letting in of the Popish Party , which in time might destroy us both ; that Tolleration being granted in both Kingdoms in order to bring in Popery , and by the means and favour of Papists at Court obtain'd and managed . Tho' many , yea most of the Inferiour People of these Western Shires at the first went into this snare , yet the Persons of greatest Quality and interest among them , did not so soon comply : And for the other Shires in Scotland , in some there were not above two Meeting-Houses in the whole Shire , in others none at all , which , by the by , is a kind of demonstration , how little fond the Generality of the Nation was then of that way , and how the inclination of the People was then set , now so much talked of . But next , to show you how the Presbyterians stood affected to one Another , and among themselves , be pleased to know : That there was a Presbyterian Party then in the West , of the meaner sort of the People indeed , truly Acting more consequentially to the Presbyterian Principle and Practice in former times , who ( for all that was done ) would not accept of this Tolleration given by King Iames ; But did openly by their Sermons and Pens declare their dislike of it , and said much more bitter things against their Indulged Presbyterian Brethren , who had accepted this Toll●ration , than against the Clergy Established by Law. Where-ever these Preachers came , they carryed gre●● numbers of the People after them , and would Preach neither in Church nor Meeting-House , but in the open Fields , for which they were called Field-Preachers . This boldness the then Government found it self obliged to take notice of , and they fell upon a Method to suppress it , which in all appearance had done it effectually , if the Scene of Publick Affairs had not been changed by this Revolution . It was , by giving Commissions to such Gentlemen in each Shire , as were reputed leading men of that persuasion , or at least much favouring that way , To hold Circuit-Courts within their own districts , and upon seizing any of these Hill-Men , or Field-Conventi●lers , to punish them as the Law ordained . This was a Stratagem of the then Statesmen , to cleave that Party with a wedge ( as we say ) of their own Wood. But that nothing was effectually done is to be attributed to this great change of our Affairs . Now to return to the Account of the Ministers being turn'd out by the Rabble . Upon the certain News of the Prince of Orange's landing in England , King Iames called all his standing Forces in Scotland to his Standard in England . This did directly break our Government , it le●t the Nation without Defence , and gave all discontented People a favourable opportunity to execute their resentment , as their passions and Interests moved them , and none having greater and more violent then these Hill-men , or Field-Presbyterians , they prosecuted them with equall fury and disorder . The First Commotion that appeared was amongst these Hill-Men , or Cameronians , ( so called from one of their Leaders , and a Preacher , Cameron ) They Assembled themselves in the Night time , and sometimes in the day , in small bodies armed . And in a hostile way went through the Countries , forced their entry into private Mens houses , against whom they had any private quarrell , but most ordinarily into Ministers Houses , where they with tongue and hands , committed all outrages imaginable against the Ministers , their Wives , and Children ; where having eat and drunk plentifully , at parting they used to carry the Minister out of his House to the Church-yard , or some publick place of the Town , or Village , and there expose him to the People as a condemned Malefactor , gave him strict charge never to Preach any more in that place , but to remove himself and his Family out of it immediately ; And for the conclusion of all this Tragedy , they caus'd his Gown to be torn over his head in a hundred pieces , of some they spared not their very cloaths to their Shirt . When they had done with the Minister , they call'd for the keys of the Church , lock'd the doors and carryed the keys with them ; And last of all they threw the Ministers furniture out of his house in many places , as the last Act of this barbarous Scene . This was the most General Method when the Minister was found at home , but in case he was absent , they entred his house , made Intimation of their Will and Pleasure to his Wife and Servants , bidding them tell him , to remove from that place : if they found not a ready obedience , they would return and make him an example to others . This course went on in the Months of December , Ianuary , and February , 1688 / 9 , by which were turn'd outword of their Livings all the Ministers of the Shires of Aire , Ren●rew , Clidsdale , Nidsdale , and most of Annandale and Galloway , to the number of about two hundred . The news of these great disorders coming to the ears of the Prince of Orange , who by this time had accepted the exercise of the Government of Scotland , untill the sitting down of the Estates of that Kingdom , which met on the 14th of March , 1688 / 9. As also his Highness was humbly apply'd to by the oppress'd and miserable Clergy of these Shires ; by one of their number Commissioned and sent up with a full information of their Case , and therewith a Petition to his Highness for his help and protection in this their sad distress . In the mean time the regular Gentry not willing to be alltogether run down by this furious rabble , began to bestir themselves for their own and the Clergies defence , particularly the members of the Colledge of Justice at Edenburgh ( to their eternall glory ) took up Arms and form'd themselves in such a body as soon daunted the Phanatick Rabble ●t Edenburgh . This occasioned the publication of a Proclamation commanding all Persons to lay down their Arms in that Kingdom , and therewith their Animosities , and cruell Resentments , ordaining also that all Ministers thus violently ejected should return to their respective charges , and so continue without Molestation , untill the setling of the Government by the Convention of Estates , and in a word , that all things of that nature should be restored , as they were in the month of October preceeding . Upon this Proclamation the Gentlemen of the Colledge of Justice ( not knowing what it is to oppose the least shaddow of Authority ) laid down their Arms , and all the good people in the Kingdom ( especially the Ministers ) look'd for nothing but a dutyfull complyance with so just and seasonable a command : But to the astonishment of all men , this did not allay our troubles , but by accident did encrease them , which fell out after this manner following . When the Magistrates of Gl●sgow had ordered one of their Ministers to preach before them upon the Sunday immediately following the publication of the Prince of Orange's Proclamation , The Rabble of that City got first into tumultuary Assemblies on the Streets , and then to arms , surrounded the Church , when the Minister was in the Pulpit , fired in upon the best and most respected Inhabitants of the place , and at length violently broke open the Church-doors , which they within had shut upon themselves upon their approach , and when they had forc'd their entry into the Cathedrall Church , they beat many , wounded some , and dispersed the whole Congregation without making distinction of Age , Sex , or Quality . An account of this so high contempt of Authority , and against Laws , both divine , and humane , was sent up to the Prince of Orange , by the Magistrates of Glasgow , with their information of the affairs , attested by their Subscriptions : but no remedy could be possibly apply'd at that time , for the Dyet of the meeting of Estates , drawing so near , upon which meeting the Prince's exercise of the Government ended , & nothing being able to repress these disorders committed by an armed force in contempt of that Authority , except a greater for●e , and the shortness of the time , as was pretended , not allowing that to be sent down , all was referred to the meeting of the Estates , who being met , instead of calling these Hill-men to an account for the disorders committed by them upon Ministers , these very men coming arm'd to Edenburgh , were admitted as guards to that meeting , and had the thanks of the house given them for their good Service , and are still a part of the standing forces of that Kingdom . Upon all this , the afflicted Ministers saw clearly there was nothing left for them , but to suffer patiently the good will of God , which they have done , without the least publick complaint , waiting with all Christian submission for a reparation of their wrongs from the justice of God , and till those in Power shall be graciously pleased to commiserate their condition , since they and their poor Families are in very hard and pinching circumstances , having been turn'd out of their Livings , and Properties in the midest of a hard winter , and suffer'd not only the spoiling of their goods , but some the loss of their Children , and many marks and bruises in their own bodies ; and now are in a state of desolation , not knowing where to lay their heads , or to have bread for themselves or their Families . This their Case ought the rather to be commiserated ; there being no Authority upon earth , that can be so much as pretended , by which they suffer , except that of the Rabble . They were never since that time either cited , accus'd , or condemn'd before any Judicature for any fault or crime , so that in common Justice they have still a right in their Persons to those Livings of which they had quiet and Legal possession , before these troubles , and if the wisdom of the Nation in t●e next Session of Parliament shall judge it either ●it or convenient to remove them from these their Livings , That Law determining this affair , if any such shall be made , can only take place from the date of it , it cannot look back , and make men guilty before it was Enacted , so that still it must remain without controversy , that whatever may be determin'd to be done with the Ministers for the time to come , they have still a just and unquestionable title to their Livings , until a Sentence pass against them which is not yet done . This being their Case , it 's not to be imagin'd that there will be found any man of reason , or ordinary quality , who will so much as open his mouth , in favour of these violent , and Illegal extrusions in the next Session of Parliament , for it 's well known to all , how at the time , when this Tragedy was acted , none of these Presbyterians , who are now in Power , did either avowedly own , or openly countenance these proceedings , but did publickly condemn them , so that what was morally evill in its originall , time cannot make good , nor will good men either desend or countenance . Whatever may be said for some inconveniences which might have happened in that Country , so fermented with passion and prejudice , if these Ministers had been ordered to return to their charges there by the present Government , yet it 's certain when men are innocent , they ought not to suffer , and therefore as was just now intimated untill the wisdom of the Nation shall determine this matter , they ought to be look'd upon as Legall possessors , tho' violently extruded . But that which no doubt will seem very extraordinary to any unbyassed thinking man , is , that these Presbyterian Preachers , who so heartily thanked Kind Iames for the liberty of their Meeting-houses , with extraordinary and fulsom strains of flattery , thereby approving the dispensing Power without reserve , ( which was the Stile of our Scots Tolleration ) And did disown these cruell proceedings against the Episcopall Clergy , yet they would never consent to Preach against such disorders , tho' often desir'd so to do , by wise and discreet men ; yea , which is more , these same ( as they called themselves moderate ) Pres●yterian Preachers , in a little time after , very confidently took Possession of the Churches of the Orthodox Ministers thus thrust out of their dwelling houses , and Glebes , without the least Title , or right to them , except what flow'd from the consent of some Phanatick People who own'd them , and their Meeting-houses , which was a Notorious Encroathment , not only upon the Property of the Legal Incumbents , but also upon the right of Patrons , not as yet taken away by Law. For when the rest of the Episcopal Cleargy who were in quiet possession of their Churches , and in good Understanding with their People , were Allarm'd , with the hard usage of so many of their brethren thrust out in the midst of a severe Winter by this yet greater and more violent storm in the West , with their Wives and Children , to seek shelter from these their brethren . This gave such a damp , and rais'd such a just apprehension in their Spirits , what might be the sad and Tragical event of unparallell'd proceedings ; that it 's no wonder many of them were provok'd to think that the great design of some within the Kingdom , who appeared so zealous for this Revolution , was more to destroy the Clergy and the whole Epis●opal Order , then to settle the Kingdom upon its Just and Antient basis , or to preserve our Religion , Liberties , and Properties as by Law then Established . This Apprehension grew yet more strong when they saw that the Convention of Estates , did not take the Ejected Ministers of the West into their Protection , by their Proclamation , which was extended only to those who were in the Actual Exercise of their Ministry ; By which it was plain enough , that all those Ministers , who had been violently turn'd out by the Rabble in the Western-shires were still to be kept out , and the advantage the Privy-Council has taken from that Proclamation , of late , to stop the course of Justice , from giving them access to their Tithes and Stipends due to them , is a sufficient Indication , how some incline to treat them , if the ensuing Session of Parliament be not more savourable . This was the prospect of Affairs , and the temper mens minds were in towards the Clergy , when the Convention of Estates , having for faulted K. Iames , declared K. William and Q. Mary , King and Queen of Scotland . This great bus'ness being over they next Emitted a Proclamation bearing . That whereas K. Iames had for 〈◊〉 his right to Govern that Kingdom , they therefore forbid any publick Prayers to be made for him , and Ordai●●● that in all time coming , the Ministors should pray for K. William , and Q. Mary , as King and Queen of Scotland , ordaining also that this Proclamation be read , upon the next Sunday after Publication by all the Ministers of Edinburgh , and in all other parts of the Kingdom on such certain Sundays , as are therein appointed , with certification , that who-ever should not read the said Proclamation and pray for the King and Queen as therein design'd , should be deprived of their Churches and Benefices . Upon the not Obeying of this Proclamation it is , that all the Ministers of late , have suffered , and do suffer at this day , and therefore that falls next under Consideration . And first of all , it 's here more especially to be remarked , that this Proclamation being Published in Common Form at Eleven a Clock in the Forenoon on a Saturday , did not appear in Print till about Seaven that Night . So that the Ministers of Edinburgh who were required to read it to their People after Sermon next Morning , had no notice , nor Copies of it given them , untill about ten at Night upon Saturday , or Eight in the Morning on Sunday ; which in a matter of so vast moment , as to translate Allegiance formerly sworn to one King , and in so short a time , to resolve to preach it due to another , without so much as knowing the reasons and grounds upon which the Convention had proceeded to for fault King Iames , was to require a peice of blind obedience , which with so much reason , we abhor in Papists , neither had Ki●g William and Queen Mary then accepted of the Crown . So that what the Convention required could not be supposed , so soon and easily done , by Men who either make Conscience in taking such an Oath , or resolve to keep it . Here to this purpose , I cannot but give you an excellent Passage , which I sind in a Paper bearing for Title , A Vindication of the Procedings of the Convention of the Estates in Scotland . They are the very first words in that paper . The Dethroning of a King ( saith that Author ) and the Setling the Crown upon the head of a new Soveraign , is certainly a Matter of so great weight , of such vast importance and concern , that it requires the most serious and deliberate , the most calm and imprejudic'd minds to determine it ; a hasty and undigested resolution , if in any case dangerous , would unquestionably in this prove fatall and remediless : Thus he very judiciously : Now if this be reasonable , as surely it is , then the requiring so hasty and precipitate obedience from Ministers in this point , cannot but appear very hard , and therefore if this Author had been consequentiall to his own rule , he had certainly said something in favour of the Scots Clergy , upon whose skirts he has lately sit so hard . There is another Consideration in this Case which ought very much to alleviate , if not excuse the supposed guilt of Ministers in the Country , who did not read the Proclamation ; and that is , it was not delivered to most of them in due time . Not the first , for the Sheriff-clerks who ( I remember well ) were order'd to send them to the respective Ministers in their severall districks , did not for the most part deliver these Proclamations till the day appointed for reading them , was past . How universall this neglect of those Officers was , I will not positively assert ; but sure I am , most of the Ministers turn'd out by the Privy-Council had this Legal defence for themselves , that they receiv'd it not in due time to read it ; and that it was not in the second place deliver'd in due form is also clear , for whereas in all times preceeding , such publick Papers which were to be read after Divine Service , were allways transmitted to the inferior Clergy by their respective Ordinaries , and the order of Bishops not being then abollished , but still a third Estate of Parliament , they were not obliged in law to take notice of a publick Paper which came not to their hands in the accustomed Legal manner . Moreover it is well known how in England the strongest heads and pens have been employed of late to clear this point of Allegiance as now required . And how many severall Topiques have been made use of to prove the Subjects discharged from their first Allegiance , and yet how many in England eminent both for Character and Conscience are still doubtfull of the point , which sufficiently shows , that the matter deserv'd and requir'd a considerable space of time for deliberation . Which not being given in Scotland , to the Clergy there , any one may easily judge what anxieties , doubtings , and uncertainties such a weighty affair would create in the Spirits of honest and well-meaning men . Surely tho' this has not , it se●ms excus'd , in rigour of Justice , it will surely much alleviat● thei● supposed crime , in the judgement of all ingenious and good men , who make the measures of their dealings with others , such as they would that other men in like cases should take with them . But to make the matter yet more favourable of their side , There are some , who tho' they did not read the Proclamation , yet have prayed for K. Will and Q. Mary conform thereunto , whereby they answer'd the ends of it to all intents : yet these have been condemn'd to the same ●ate , with those who out of Conscience refused to do either . Which proceedure is not a mark of any tenderness or charity to reclaim men , who are supposed to be wrong , but looks rather like a design to ruine them in spite of their Complyance . But now we come to give account , how the Proclamation , and the certification therein was executed by the Government against the Delinquents . No sooner were the Commissions sent up by the Convention of Estates to make offer of the Crown of Scotland to K. William and Q. Mary , but they adjourned themselves . Having first appointed a Committee of their number to sit at Edenburgh till their return , and they having received Information from the Presbyterian party , in and about Edenburgh , that some Ministers had not read the Proclamation upon the day assign'd , and had not pray'd for K. Will. and Q. Mary , which was no great wonder , considering what 's said before , what Scruples so great a point , as translating A●●egiance was apt to create , and that they had so little time to be clear●d of them , yet an Order was Issued forth , to cite them to appear before the said Committee , who being cited , did appear , and tho' they pleaded Scruple of Conscience and want of time , yet were by formall Sentence of the said Committee depriv'd of their Livlngs , and their Churches declar'd vacant immediately without any regard had to their just defence . As this fell out upon these who liv'd in Edenburgh or places next adjacent , so some of them were depriv'd before King William and Queen Mary had accepted of the Crown , or taken the Coronation-Oath , which the claim of Right required as Indispensibly necessary in order to their being own'd as Sovereigns : This one of the Recusant Ministers * urg'd at the Bar in defence of himself and Brethren , but to no purpose . This course continued untill the Convention was turn'd into a Parliament , which makes up the Second Period of depriving Ministers propos'd in this discourse , viz. those that were turn'd o●t by the Authority of the Convention of Estates . The Third , and last Period , is , of those who have been turn'd out by the Aut●●rity of the Privy-Council since the first Adjournment of Parliament . A stop having been put to any further Prosecution of the Ministers by the Committee of Estates , and as they with joy were willing to believe , by King William's Order and Command , this whole matter of depriving was laid aside , and men began to think themselves happy , or lucky , who had escap'd the first tryall , hoping there was to be no further enquiry made after such a disobedience which had so many Circumstances to alleviate the guilt , if not quite extinguish the Memory of it , they hop'd at least that the favourable things in their Case , would have been proper grounds for a new King to forgive what had pass'd before his Entrance upon the Government ; and the lenity and tenderness shew'd to Persons obnoxious enough in other trusts under him about the same time , inclin'd the Episcopall Clergy to expect the like , when their case should come to be dnely and impartially represented ; for seeing his mercy extended to Out-laws and Criminalls of the Grossest Sieze , they who are Gods Ambassadors doubted not to pertake of it , their escapes , if such they may be called , being only in points very dubious and material . And for a good time they seem'd not to be mistaken of their hope , for during th● whole Session of Parliament , no mention was made of any further proceedings against them . Yea , one thing gave no small encouragement : That when the Act of Parliament pass'd for obliging all persons in Civill and Military Capacities to take the Oath of Allegiance , the Clergy were not comprehended in that Act , and tho' it were once mov'd in the house , that the Oath should be put to them as well as to others , yet did not obtain ; This made many believe that Peace and Settlement were really in their prospect , and that all designs of ripping up the old quarrell for not reading the Proclamation , were quite laid aside , and more tender measures to be us'd , which are certainly the most effectuall in such Cases . But there are some who thought , the true reason why at that time the Clergy was not ordain'd to take the Oath of Allegiance , was more out of respect to the Presbyterian Preachers , than the Episcopall Ministers : for those of their own party in the Parliament , who best knew their inclination that way , had reason to fear , they might Scruple at the same Oath , not upon the grounds which others went upon , but because their Modell of Church-Government was not setled by Law , they would not come under Allegiance to this King till first he had done their business . And it 's presumable enough , by what many of them have since dropt in their S●rmons and other discourses ; if this Oath had been put to them as to others in Secular trusts , they had discover'd more of partiality to their Interests , then of Loyalty to K. William : for it may by the Covenant will be by some requir'd to be renu'd , before they think their Allegiance either due , or right placed . But no sooner was the Parliament adjourn'd and severall of the Chief Nobility gone to the Country , then a Proclamation was emitted , ( Surprizing enough because not expected ) by the Privy-Council , which did in express terms , to use the words of it , Invite and Allow Parisbioners and other hearers , to inform against Ministers who had not read the Proclamation of the Estates , and prayed for King William and Queen Mary , for the one could not serve without the other . This General Invitation coming from such an Authority to a hot sort of People , had a very ready Obedience pay'd to it ; For one or two of the meanest of a Parish , and sometimes the Agents of the Faction in several Places , borrowed Mens Names without their knowledge , to fill up their Citations , and either of these were thought sufficient to accuse their Minister , upon which , Summons were issued out to cite them to appear at Edenborough within 6 or 10 days , before the Privy-Council . Whereupon has followed the depriving of such as came before them , and had not read the Proclamation . And this has outed almost all the Parochial Clergy in the Shires of Marsh , Tiviotdale , the three Lothians , Fife , Striveling-shire , Perth-shire , and some in Aberdeen-shire , Murray , and Rose , amounting ( as I am credibly informed ) to the number of above two hundred , which was all they could possibly dispatch in so short a time . Their whole Process went upon two Points . The first was , whether they had read to their People on the day Appointed the Proclamation Emitted by the Convention of Estates ? The Second whether they had pray'd or did pray for King William and Queen Mary ? As to the first , their defences were , that they never received it , or that it came not to their hands till the day appointed to read it was pass'd : Or lastly , that it was not Legally delivered to them as the Order for Publick Prayers used to be , viz. by Orders from their Ordinaries . But none of these defences were sustained in their Case . As for the Second point of Inditement , viz. whether they prayed for K. William and Q. Mary , all cited were not Guilty , for there are several Instances of Ministers who had pray'd and promised to pray for K. Will●am and Q. Mary , who yet were turn'd out of their Livings , and continue depriv'd to this day . 'T is not deny'd that there are very many who cannot come this length , being still under the power of their former Scruples in the matter of Allegiance . As for these , tho' they are persons of peaceable principles , and practices , and are ready to submit to the will of God , and the Command of Superiors , yet all that 's pleaded for them is only favour and Indulgence : And if a delay for some longer time to consider Maturely upon these matters could be allow'd , it would be very acceptable , & very becoming these to grant , who have so loudly exclaim'd against Persecution for Conscience sake , and cry●d up so much moderation , and thanked King Iames for Tolleration . But what may they expect , when others who were willing to obey and did acknowledge the present Government in all that is requir'd , were yet turn'd out of their Places and Properties by the Rabble , to whom no redress is made , tho' humbly supplicated by those Sufferers . In France it self , if a man renounce his Religion , he saves his Life and fortune , ( tho' that be indeed a base bargain ) yet the mercy of this severity is all that 's desired here . Oh! when will these things be seriously considered and effectually redressed by the Government ? And when shall such a temper be happily fal'n upon , as may quiet the minds and secure the persons of all good , pious , and peaceable Protestants ? I thought to have ended here , and given you no further trouble upon this Melancholy Subject , but that I hear of a plausible pretext given out to you in England , for this sharp handling of the Scots Clergy , which is , that there is no advantage taken of any Minister who is willing for the time to come to pray for King William and Queen Mary , if he be otherwise of approved integrity in life and Doctrine : But that the strictness us'd is only against Scandalous persons , and so by this means they are more easily turn'd out of the Church than they should be by a Legal Tryal upon such an Accusation And since this preten●e is made use of in England to their disadvantage , where the truth of this matter is not yet so well known , I must needs say something to it . And first , it 's not ordinary for Men of vicious Lives , or loose Principles in the Church , ( as they pretend the depriv'd Clergy to be ) to make great scruple in disputable matters , especially when the Penalty is the loss of their Estates , they being generally too forward to comply with what 's uppermost , and prosperous . But Secondly , I dare confidently averr that after enquiry made , it will appear , that there are many of as great Integrity , Piety , and Learning as are in the Church involv'd , without distinction , in that Common fate . And I dare appeal to the whole Nation to make good against them such Scandalls , as their Enemies have thought fit to blacken them with , in places where they are not known . The Original of all this clamour about the Immorralities of the Clergy , at first arose from the too hasty Planting of Churches in the West , upon the Restoration of the Government in Anno 1662. by which many Young , Men were preferr'd , for whom the prejudiced People could not be brought to have that Veneration and respect , that they had had for their old Preachers which were deprived for Nonconformity . This prejudice , together with the Imprudent Conduct of some of these young Men begot a contempt of them , which was carryed by far much too high , for Universally these Ministers were complain'd of , as the occasion of the Western Peoples withdrawing from their Churches . But upon Bishops Leightons coming to the See of Glasgow , and bringing with him to those parts some very good Men and choice Preachers , against whom the People could have no Objection , an Experiment was made to remove , if possible , that Exception , yet he found this also ineffectuall : The Aversion being more rooted in the Interest of a Party , then in the supposed Immoralities of the Clergy . And therefore by his singular Example of Piety and Devotion , of Humility and Acts of Charity , by his frequent Visiting and Preaching in Country Churches , thereby taking occasion to converse more intimately and conveniently with the Ministers , he sow'd a blessed seed in their hearts , gave them juster Notions of the Duties of the Pastoral Charge , and thereby through the blessing of God became a burning and shineing light in those parts , the Impression whereof remains upon the Consciences of many to this day . But passing this , It had been a far more fair and Equitable way , and as much to the Honour of the Government , as the disgrace of the guilty to have Invited People to Accuse their Ministers upon the head of Scandall , and after Evidence thereof , ( if they had found any ) to have Proceeded and deprived , rather than Promiscuously to have Condemn'd the Righteous with the wicked . It is true their Libells were generally stuft'd with a great many Scandalous and vitious practices alledged against them , ( a malicious design to expose them to the present Age , and to blacken them upon Record to the future ) but it is as true that when the Ministers came to the Bar , the Scandalous and Immoral part of the Libell was wholly omitted by their Judges , altho' the Ministers themselves craved for their Vindication in those Points to be particularly Tryed upon them , but the Sentence passed against them upon the two heads before mentioned , and yet in the Accounts they sent to Court , the Immoralities of the Ministers Lives , which were only pretended in the Summons , but never spoke of in the Tryal , were represented as the great Grounds of their Deprivation ; but it were far more easy to give the true reasons , for truth tells best , and its this . The Presbyterian Preachers in Scotland of the old Standing who only can pretend to be own'd in any Church-Meeting , ( if the Government should think fit to call one ) are but very few in Comparison of the Episcopal Clergy now in Place . It was highly debated amongst them , what should be their behaviour if the Parliament restored them to their Churches , from which they were put out in the year 1662. They could not think it adviseable to meet in Presbyteries by themselves , since in some Presbyteries , they would make but two in number , and in some but one , in others none at all . So that if they should joyn with the Regular Clergy in such Presbyteries , they might reckon to be out-voted in all businesses , & so signify just nothing , Nay , if a National Synod should be call'd , they would be at the same loss , for the Members thereof Chosen by Presbyteries behoov'd to be Episcopal Men , the Plurality by far of Voters being of that way . So to take off all difficulties attending this matter . It seem'd to be the most plausible & effectuall way , to make as many Vacancies as was possible , and that also before the meeting of the next Session of Parliament , least other measures should then be taken , And for this design the premunire of not reading the Proclamation seem'd next to Rabbling , the fittest and shortest Expedient . I call it shortest , because it was not possible to make greater dispatch for Vacancies , then it occasion'd , for a dozen of Ministers were ordinarly turn'd out in a Forenoon , and as many more , sometimes , in an Afternoon . So that this Method made clear way for the Presbyterian Brethren to be the greater part in all Ecclesiastical Assemblies , and by Consequence to carry any thing they please there . Hereby also they have a fair opportunity of setting out young Vagrants to take possession of the Vacant Churches , by which the number of their Preachers dayly encrcase . Thus you have the Present State of the very much Afflicted Clergy in Scotland represented faithfully , and with as much brevity as the matter will allow , for tho' much more might be added upon this Subject , yet since you desired no more , but a plain and generall Narrative , I here give it according to my Ability . However it shall please Divine Providence to order Affairs in our National Church , this you in England may be assured of , that her Enemies , are yours also , and it is some comfort to us that those of that way are not like to prevail so far over you , as they have done already over us . And therefore that God may prosper and preserve the Church of England , restore ours to some Order and Decency , And Settle the Three Kingdoms upon such Righteous Foundations as may Establish our Temporal and Eternal Peace , is the dayly Prayer of , SIR , Your Most Humble Servant . First Collection of Papers . Relating to the Practice of the Rabble , before the Convention Met. A Iust and True Account how sadly the Regular Ministers within the Presbytery of Air have been Treated since Christmas Last . UPon Christmas day about Ninty Armed Men forced the Minister of Cumnock out of his Chamber into the Church-yard , where they discharged him to Preach any more there under the highest Peril they took upon them to Command him to remove from his Manse , or dwelling House , & his Gleib , and not to uplift his Stipend thenceforth ; after which they rent his Gown in pieces over his head : they made a Preface to their discourse to this purpose ; that this they did not as States-Men , nor as Church-Men , but by violence and in a Military way of Reformation . In this manner , in the same place , and at the same time used they the Minister of Authinleck , who dwelleth in Cumnock . From Cumnock the foresaid day they marched to Machlin , & missing the Minister , were rude beyond expression to his Wife , & finding the English Liturgy burnt it as a Superstitious and Popish Book : thereafter they went to the Church-yard where they publickly discharged the Minister from his Office and Interest there . Upon the twenty seventh of December the more considerable part of the foresaid number went to Galston : where they apprehended the Minister , and taking him out of his house into the Church yard they rent his Cloak missing his Gown , and thereafter forced him to wade upon and down through the water of Irwine for a considerable time in a severe Frost . Upon the said day they went to Rickarton : whence they brought the Minister of the place to Torbolton : where they kept for a whole night the Ministers of these two Parishes under a Guard : and next Morning brought them to the Church-yard of Torbolton where they rent the Minister of Torboltons Canonical Coat , and put the one half of it about each of the Ministers necks , commanding the Church-Officer of the Place to lead them thereby per vices as Malefactors , discharging them from all Exercise of the Ministry , & from their Houses , Gleibs , and Stipends under the highest peril . Upon the Eleventh of Ianuary 1689. The First Minister of Air received a written Paper , Commanding him and all his Brethren to leave their Mini●tery against the fifteenth under the pain of death : and because he did not regard this , there came to his House upon the fifteenth about Eight of the Clock at night Eleven Armed Men of them , who Commanded him under pain of Death to Preach no more in the Church of Air till the Princes further order . And at the same rate did they treat his Collegue that same night . Much about the same time these Armed Men with their Associats went throughout all the Ministers Houses within that Presbytery , and di●charged them any more to Exercise their Ministry , and appointed them to remove from their Manses , or Parsonage Houses and Gleibs , and discharged them to meddle with their Stipends under the penalty aforesaid . So that now th● most of the Clergy through force and Violence have left the Countrey ; none in it undertaking their Protection ; but all the Rabble of it in Arms against them . And to Compleat their Miserie 's those who are Indebted to them resuse to pay even so much as may carry them to places of shelter : which exposeth them to the greatest hardships Imaginable . To obviate the Impudent denial of these things the under Subscribers are able and shall ( if called ) in due time produce sufficient Proof of the whole , and that both by writing and Witnesses . Given under our hands at Edenburgh upon the Twenty and Sixth dayof Ianuary One Thousand Six Hundred Eighty Nine years . — Gregory , Parson of Aire . Will. Irwine Minister at Kirk Michael . Fran. Fordyce , Parson of Cumnock . An Account of the Grievances of the Presbytery of Dunbarton . IMprimis , Upon the twenty fifth of December last , Anno 1689 a Party of Dissenters about 9 a Clock at Night , entered vio●entl● into the House of Mr. Walter Stirling Minister of Badernock , threatned most Barbarously his Wife and Servants , ( himself being from home ) saying that they would cut off her Papish nose and rip up her Prelaticall belly but by a good Providence they were hindered by the coming in of some Friends . 2. They having Assaulted Mr. Will. Duncan Minister of Kilpatrickeaster several times before , did on the Sixteenth of Ianuary instant , come to his House about the number of Thirty Armed Men , some whereof were his Parishioners , and violently took from him the keys of the Church , struck and abused himself , broke down and overthrew all his Furniture and did cast all out of doors , so that he and his Family were forced to go elsewhere and live upon the Charity of Friends . 3. On Sunday last being the 20 Instant , a little before the time the Sermon should have begun , about Thirty Armed Men came to the Church of Boiall threatned the Minister who was to Preach ( Mr. Will. M'Kenzie Minister of that Church being of a long time dangerously sick ) most barbaro●sly saying that he should lose his life if he should offer to Preach there , or any other sent from the Presbytery to supply his Place . And on the morrow thereafter , about fourscore armed men , some whereof were his Parishinoers , came to his house , abused his Wife by reviling and beating her , ( the Minister himself the night before for fear of his life having gone out of the way ) spoil'd some of his Furniture , and threatned to throw all out of doors if he and his Family wou'd not go away from Church and House within Eigh● days . 4. Each day adds new ground of Complaint , most part of the Brethren fearing that before the next Lords day they shall be thrust from their Churches and Houses by Armed force , for they have been often threatned to that effect . This Account was sent to the Prince of Orange ( for then he was no more ) attested by the hands of the Presbytery of Dunbarton . Feb. 1688 / 9. A true Account of those Abuses and Affronts , that were committed upon the Person of Mr. Robert Bell Parson of Kilmarnock , by a Party of the Presbyterians now in Arms in the West of Scotland . MAster Robert Bell Minister of Kilmarnock , being desir'd by his Neighbour Minister at Richardtown , to celebrate the Marriage of two Persons at that Church , in the Ministers necessary absence , as he was walking thither , was seized by two Armed Men , who came from a great Party which he saw at some distance ; one of them as he came near to him , presented a Musket to his Head ; whereupon he told him , he was his Prisoner , and would go where he had a mind to carry him : He having recovered his Musket , and placed him betwixt himself and his Fellow Companion in Arms ; in this posture he was brought to the Minister of Ritchardtown's House , where he was commanded to pluck off his Hat , they calling him Rogue and Rascal , and treating him very rudely . But assoon as he perceived they had filled their Bellies with the Meat , that the good Gentlewoman had set before them ; and their Passion and Rancour was thereby a little asswaged ; he began to ask the Commander of the Party , by what Rule and Law they proceeded , in their appearing thus in Arms : He told him , By the Rule and Law of the Solemn League and Covenant , by which they were obliged to extirpate Prelacy , and bring all Malignants to condign Punishment . Mr. Bell replied , they would do well to take care that those their proceedings were justifiable by the Word of God , and conformable to the practice of Christ , his Apostles , and the Primitive Church in the propagation of the Christian Religion . He answer'd him , That the Doom of all Malignants is clearly set down in the Word of God , and their appearing thus in Arms , was conformable to the Practice of the Ancient Church of Scotland . From this House the Minister was carried Prisoner to Kilmarnock , and in his Journey thither , there was a Gentleman the Laird of Bridgehouse , who having come to meet him , took the courage to tell the Party , that their appearing in Arms , and abusing the Clergy in this Hostile manner , were but insolent outrages against all the Law of the Nation ; and that they would do well to remit their Illegal forwardness , together with their pretended grievances unto the Parliament , that was now very quickly to be assembled , by the care and affection that his Highness the Prince had of all the Subjects of this Kingdom . They answered him , To stand off and forbear giving Rules to them , for they would take none from him nor any Man , and that they would not adhere to the Prince of Orange , nor the Law of the Kingdom , any further than the Solemn League and Covenant , was fulfilled and prosecuted by both . By this time they were come near the Town , and they commanded the Minister to pluck off his Hat , which he obeyed , yet at the same breath they threatned to throw him in the River : And coming to the Bridge , they met the whole Body of the aforesaid Party , returning from the Mercat place ; where they had caused the Church Officer to deliver up the Keys of the Church : And they discharged by way of Proclamation the Minister , whom in an opprobrious manner , they called Curate of Kilmarnock , from all intromission with the Benefice and Casuality of the Church , or the least exercise of the Ministerial Function . Assoon as they saw Mr. Bell , and understood that he was the Parson of the Parish , he could see nothing in their Faces , but the most insulting joy ; nor find in th●ir discourses , but the most reproaching Language , that ever the greatest Criminal in the World was treated with . After a long Consultation amongst themselves , one of their chief Commanders came , and asked him , if he had a Book of Common Prayer : the Minister desired to know of him , why he asked the Question . He answered , That sure be could not want that Book since he was educated at Oxford , and trained up to all the Superstition and Idolatry of the Church of England . The Minister told him , perhaps he had half a dozen of Common Prayer Books ; he commanded him , to produce one of them , for that would do their business . From this place they carried him back to his House ; and there compelled him to deliver unto their hands the Book of Common Prayer of the Church of England , after this they led him as a Prisoner bare headed , betwixt four Foiles of Musketeers , through a great part of the Town unto the Market-place , where the whole Party was drawn up in Battallia : Which appeared to be about the number of two hundred well Armed , with fire Lock Muskets of a very large size , most of them had also a pair of Pistols but all of them one . In Kilmarnock , after the fashion of most Mercat places in Scotland , there is a Cross erected , unto which one goes up by steps on all sides , after the form of a broad Stare-case , with which it is invironed . It was on the uppermost step , that these rude Guards placed the Minister , two of them on the same step , one on both hands ; and so on every step as you go down from the Cross , they ranged themselves before him : After this they called for Fire , which was brought , then one of their Commanders made a Speech to the People , that were gathered together in great numbers from the Town and Country . He told them , That they were come there to make the Curate of the place , a Spectacle of Ignominy , and that they were obliged so to do , by virtue of the Solemn League and Covenant ; in Obedience unto which they were to declare here their abhorrency of Prelacy , and to make Declaration of their firm intentions and designs , to fulfill all the ends of that Oath : The propagation of the Discipline of the Government of the Church of Scotland , as it is express'd and contained in the foresaid Solemn League and Covenant . And all this they attempted to do , not by virtue of any Civil Power nor Ecclesiastical Power , but by the Military Power , and the Power of the posture they were now in . These are the very words of this Speech . After this another of their Commanders taking the Book of Common Prayer , reading the Title Page of it , and extending his voice very high , he told the People , That in pursuance of the forementioned League and Covenant , they were now to burn publickly this Book of Common Prayer , which is so full of Superstition and Idolatry ; and then throwing it into the Fire , blowing the Coals with a pair of Bellows , after that catching it from amidst the flames , they fixed it on the Spear of a Pike , and thence lifting it up on high , far above the top of the Cross. Which Elevation was attended with Shouts and Acclamations , down with Prelacy Idolatry and Superstition of the Churches of England and Scotland . After all these indignities and impudent reproaches , offered to the most reformed and best constituted Churches in the World , they turned themselves to the Minister again , and rudely in a very menacing manner , asking him , if he was an Episcopal Prelate's Man , and of the Communion of the Churches of England and Scotland ; he answered , he was , and did there confess it to the whole World. Then they tore his Gown , one of the Guard first cutting up the Skirt of it with his Sword , and throwing it amongst their feet , telling him , It was the Garment of the Whore of Babylon . One of them bid him promise never to Preach , nor Exercise the Office of a Minister any more ; but he refused , telling them , that such a Promise lay not within the compass of his own will , and could not be extorted by force , and that tho they should tear his Body , as they had done his Gown , they would never be able to reach his Conscience . Well , well , ( says he ) do it at your Peril ; the Minister answer'd , that he would do it at his Peril . And so they gave over troubling him any more , only asking , what he had to say to them , he told them , he was extremely sorry to see Protestants , so ingratefully exasperated against the best Protestant Church in the World , that had done such Eminent Service to our Common Religion and Interest against Popery : And withal praying God to forgive them , and not to lay these things to their Charge . So the Minister was dismissed , they telling him , he was an ignorant and obdured Curate and Malignant . This is a true Copy of that Account , of those indignities and affronts , that were done unto me Robert Bell , by the Presbyterians now in Arms in Scotland . Glasgow , Ian. 8. 1689. Robert Bell : Disorders and Outrages done upon the Persons and Families of Ministers , within the Presbytery of Hamiltown , upon 27 and 28 days of Dec. 1688. IMprimis , Mr. Iohn Dalgleishe , Minister of Ebandale , was taken out of his House by a Company of Armed Men , was carried to the Kirkyard style bare-headed , and after being surrounded by these Armed Men , and a great many of the People ; and one of them in a Speech , having railed against him with many opprobrious imputations , commanded his Beadle to tear his Gown over his Head , which when he refused to do , threatned to kill him , and did beat him in a most i●humane manner with their Swords , till the Minister commanded him also to do it : They likewise expresly prohibited the Minister to preach any more , or to reside in that place , otherways it should be to his peril . Mr. Iames Crightoune Minister at Oilbrige was treated the same way , only with this difference , that the Gown they tore was a Night-gown , and with this addition , that they caused him to deliver up the Keys , and all the Utensils of the Church , and engaged him to fly and remove all his Goods and Plenishing within eight days , which he did , his Wife was beaten so that she immediately miscarried . Mr. Angus M c. intosh Minister at Stenhouse , being from home when these Men called at his House , they took his Gown , and after they had discharged their pieces in it , next they trod it under their feet , and then tore it and burnt it . These Presents are testified by Doctor Robert Scott Dean of Glasgow , Mr. George Lesly Minister at Blautire , and Mr. Iohn Dennistowne Minister at Glasford , all within the same Presbytery . Ian. 23. 1689. R. Scott G. Leslie I. Dennistowne . Some account of the Outrages and Cruelties committed upon the Ministers and their Families in the Presbytery of Irwin , who own the Protestant Religion as it is established by Law. THE Ministers in Irwin Presbytery since the beginning of December , have been so sadly and miserably persecuted by the Violencies of a rabble of armed Men and furious Women , who have joyned together in a most barbarous Confederacy against them , that they have been forced to fly and lurk so secretly , as that they are uncapable to meet together in such full number as that they can particularly represent all their Grievances which are still daily increasing , only three or four who have with much difficulty got together at the concerting of this , do from their own proper knowledge of what they have felt , and from certain accounts from the rest of their Brethren declare , that all of their Houses have been invaded by these armed Men , not only in the day time , but for the most part under silence of night , and so many of the Ministers as did not secretly escape , were most disgracefully taken to the Mercat Crosses and other publick Places , and their Gowns torn in pieces over their Heads , and discharged , with greatest Threatnings of Cruelty ever to enter the Churches and preach again : They have also turned many of their Wives and Children out of Doors , and are still proceeding to do so to others , exposing them to the Extremity of the Winter Cold , and to perish for want of Bread , when the Ministers themselves durst not come near them for their relief . The particular Instances are so Lamentable , and the Circumstances of them so many , as that it would be a long work to enumerate them particularly , only this in the general is so well known over all the Country , that there needs neither particular Evidences to prove it , nor more to be said to move the pity of any that are capable to remedy it , and we under Subscribers are content to prove what is here said : Witness your Petitioners at Edinburgh , Ian. 25. 1689. Charles Littlejohn Minister of Large . Alexander Laing Minister of Stewartonne . A Brief Representation of the Sufferings of the Regular Clergy within the Presbytery of Glasgow . TO omit the Violences have been threatned them , the Contempts have been cast upon them , and the innumerable Discouragements they have generally been * trysted with , from Papists on the one hand ( some of them having been in great hazard of being turned out of their places for preaching against the Corruptions of Rome , as were easie to instance ) and from Presbyterians on the other , these several years by-past , tho they had Law on their side , and have still in their Stations endeavoured to maintain Truth , Peace and Order . Upon the great Revolution that has happened lately ( notwithstanding His Highness the Prince of Orange has declared his great Undertaking to be for the securing Religion , and establishing our Laws and Liberties ) the Dissenting Brethren have wreckt their Malice upon the regular Clergy , and in the manner following . On Christmas day Anno 1688. under cloud of night , about five and ●orty Men in Arms ( all his Neighbours , to the most part of whom he had done special acts of Kindness ) came to Mr. Gabriel Russel's House the Minister of Govean ; they beat himself , his Wife and Daughter , carried away all the Utensils of the Church , and the Keys of the Doors , discharging him to preach there any more under the highest Perils . The same night another Party came to Mr. Robert Tinnic's House Minister at Calcheart ; not finding himself at home , they turned his Wife , Family and Furniture out of the * Manse , and tho it was about Eleven at Night , with great difficulty they suffered the said Mrs. Tinnie to stay in the Stable all night with her small Children ; of which Children three have since been at the point of Death , through the Fear and Cold to which they then were exposed . The next Lords day the indulged Preacher in that part , possessed himself of the Pulpit ; they were his own Parishoners who treated Mr. Tinnie so . The same Night , and much after the same manner Mr. Robert Bayle Minister at Carmunnock was treated . On December 27. Anno 1688. Mr. Hugh Blair Minister at Rutherglen , had all his Furniture turned out of his House , the Keys and Utensils of the Church taken from him , &c. About the same time Mr Gilbert Mushat Minister at Cumernald was treated much after the same manner . Much about the same time a Party came to Mr. David Milne Minister at Calider , and had ri●led his House but that they were interrupted . But all this time the Ministers in the City of Glasgow suff●red nothing , only Letters were sent to them to forbear the Exercise of their Ministry , and their Houses were search'd for Arms , &c. till Ian. 17. 1689. being Thursday , on which 't is usual for them to have publick Worship and Sermon , a great Multitude of People , for the most part Women , came to Church , with a design to have drag'd the Minister out of the Pulpit ; but he ( by the advice of some of his Brethren who were there ) forbearing to go into the Church , and endeavouring to retire without Noise , was fallen upon most barbarously , beaten , and had his Gown and other Cloaths torn in many pieces , altho he had been one of the Ministers of the said City twenty four years , and lived most Christianly and inoffensively . The same day the same Rabble went to the House of Mr. Alexander George Minister of the Barony Church of Glasgow , broke his Doors with great Hammers ; and notwithstanding he was at that time tyed to his Bed by a very dangerous Sickness , they thrust into his Chamber , and had undoubtedly drag'd him from his Bed , and perhaps murthered him , had not the Provost of the City , with eight or ten Men , come to his relief . On the Lords day thereafter , being the 20th of Ianuary . there was no Sermon in any of the Churches of the City . On the 22th . a Copy of a Letter was sent to each Minister in the City , the Tenour whereof followeth . We are credibly informed that our pretended Provost Walter Gibsone , and his Malignant Associates , are upon a design of having you restored to your Churches , sometime this or the next Week , but if you will take advice and prevent your own Trouble and perhaps Ruine , do not listen to their Motion , for they are but laying a Snare for you , without reflecting upon their own being taken in it themselves : Therefore consider what you are doing , and if you desire Safety , forbear to attempt any thing suggested upon that head , for assure your selves , that it will not be now the Female Rabble you have to engage with , but must resolve in all time coming for such a Guard as will be so sufficient and diligent , as to protect you , not only in the Church ( which even we doubt of ) but also in your Houses , and that both by night and by day ; if you take this warning , you will both save your selves , and prevent the Effusion of much Blood , but if not , stand to your peril , which in all probability will be more formidable than that of Mr. Milne . Let this be a sufficient warning to you from those who by this desire to exoner themselves . We doubt not but there are other Instances of the foresaid Violence within our Bounds before this time ; but because of our present Dispersion we cannot give any more particular accounts , only as to the Instances above-named , we can make them fully appear when called to it : In Testimony whereof we subscribe thir presents at Edinburg , Ian. 26. 1689. Al. George Minister of the Gospel at the Barony Church of Glasgow . Iohn Sage One of the Ministers in the City of Glasgow . An Account of the Insolencies and Outrages committed upon the Ministers in the Presbytery of Pasley , Glasgow Jan. 22. 1689. Imprimis . UPon Saturday being the Twelfth instant , about three of the Clock in the Afternoon , there went several of the Inhabitants of the Town of Pasley ( accompanied with a numerous Rabble to the Beadle , who is a Man above Seventy years of Age , and in his own House , treated him barbarously , wounding him and taking the Keys of the Church from him , which they still keep , whereby they hinder the Ministers there to exercise their Office. Item . Upon the Thursday thereafter the 17th . a company of armed Men came to the Ministers House , requiring him within two days to get him thence , and to Transport his Family , certifying him , if he should offer to preach any more there , or should not * void the Manse , it should be on his utmost Peril . Item . On Sunday the 13th of the said month , Mr. Honstown one of the Mountain Preachers ( as they are called ) usurped the Pulpit of the Parish Church of Eastwood , several times formerly the Minister had been required by armed men to remove . Item . Upon Monday being the 14th instant , about 200 Men and Women came at eight of the clock at night in a Tumultuary manner , to the Minister at Kulbarchan House , with Battoons in their hands , made that same day for the purpose , whereof three only entred , the rest standing without doors , and the Minister himself being providentially from home , they treated his Wise most opprobrlously , and commanded her instantly to remove her self and her Family from that place , certifying her , otherwise it should be at her utmost peril . And to omit more particulars , all the several Ministers in the above-mentioned bounds , are now forced for the safety of their Lives , to fly from their several Habitations , and to leave their Wiv●s and Children exposed to their Cruelty ; and to add to their Calamity , their Parochoners ( a very few discreet Persons only excepted ) refuse to pay them any part of the stipend , * or any other Debts they owe them , by which cru●l usage many of our number are reduced to extream necessity . Io. Fullerton Moderator . I. Taylor Minister in Pasley Commiss r. A Letter concerning the Persecution of several other Ministers . Reverend Sir , SInce our last we received yours ; and for a return , you are to understand , that our Circumstances are still worse , and the opposite Party more Insolent , Cruel and Barbarous . The Particulars are as follows , 1. That Party invaded the Minister of Balantra's House in open day , before many of his own People , beat to the ground his Wife big with Child with the butt end of a Musket , dragged himself to the Church-yard and back again to his House , tare his Cloaths to his Shirt , wounded him with a small Sword , and for warding off the Thrust , beat him severely with Cudgels , and then commanded him under the pain of Death , never to preach any more in that place . 2. Six of the Meeting-house Men came to the Minister's House of Kirk Michael ( himself being at Edinburg ) beat , batter'd and bruised his Man-Servant , commanded him ( after they had lain two days and three nights upon him ) to go immediately from the House with all that belonged to his Master therein . 3. They have possessed the Churches of Straton , Ochiltri● , Cumnock , Torboltown , Galston and Sorn . 4. They have ejected the Minister of Rickarton's Wife , Family and whole Furniture . This is the account of the Presbytery of Air. In Irwin Presbytery both the indulged and Mountain-men have possessed several of the Churches , have gone to the Ministers Houses , given them their last Summons of removal , with all the effects thereof under pain of death . In Pasley Presbytery they have outed the whole Ministers ( as they have in all the West of Scotland ) they have particularly ejected the first Minister of Pasley's Wife and Family , burnt his Gowns and Hat at the publick Cross , and thrown all his Goods to the open Street . From that they went to Renfrew ( where the Ministers Wife was but nine days lain in of a Child ) pull'd her out of the Bed , threatned the Families present ejection , had not one Cranford of Corsburn , who being occasionally there , prevailed with them for ten days respite : the Ministers Wife upon this cruel usage , fell into an high and dangerous Fever , under which , according to our last information , she yet labours . The whole Presbytery of Dunbarton are banished from their Charges . In Glasgow the Ministers are not secure of their Lives , for some nights age they beat Mr. Miln in the Street the second time : They went to the Minister of Calders , rent his Gown in the Church-yard , himself being from home , and commanded his Wife and Family to be gone immediately under the Penalty aforesaid . Sir , We who are here , are patiently waiting for the effects of the Princes Declaration , which was solemnly proclaimed over this Cross on Wednesday last . If it quiet the Country , we are resolved to return to our Charges , a little time will inform us . We had almost forgot to tell you , that on Sunday last the Meeting-house Preacher at Diglass caused them to break open the Church-doors there , and went in and preached . We have wrapt up things in as narrow a compass as was possible : We have written nothing but truth in matter of Fact , and which upon legal trial shall be made good by Reverend Sir , Your affectional Brethren to serve you George Gregorie Fran. Fordyce William Irwine Minister of Kirk-Michael Ia. Hoge Minister of Ochiltrie . Edin . Feb. 14 1689. Sir , Besides all this , they have robbed the Minister of Straton's House and left him nothing . And they have carried away the Minister of Kirk-Michael's Presentation , Decreet of Locality , and all his other Papers , with the Communion Cups . Information of the abuses done by the Presbyterians , who frequent the Meeting-houses to the Ministers of Leving-Widtalder , Bathgate , and Westcalder ; in the Presbytery of Levingstonne . UPon the 22th . of Dec. last , about six a Clock at Night , about Thirty Men in Arms came to the Kirk Town of Levingstonne , and having set a Guard to the Ministers outer Gate , a Party of them came to his Hall-door , which was shut , and pretending that they were come to search for Arms , rudely craved to have entrance into the House , offering , that if the Door were not opened , they would set fire to it , and shoot in Musket-ball through it , to kill those that were within , and forced the door with such violence , that the double bar which held it securest , being quite broken , the Minister was necessitated to make the door patent , thereupon about eight of them entered the House , with great noise and Swords drawn ( the Ministers Wife having been brought to Bed , only six days before that time ; which was not unknown to the Assassins ) and after a great deal of rough and opprobrious Language , and unchristian carriage towards the Minister ( which so affrighted his Wife , that she apprehending her Husbands life to be in danger , rose from her Bed in great consternation , and having put on only a Night-gown , did on her naked feet interpose for his rescue ) they compelled him to go through the Rooms before them ; with a lighted Candle to guide them in their search for Arms ; one of them being so uncivil , that he offered to turn his Wife out of the Bed ; whereinto she had again betaken her self , and with much difficulty was by the Minister disswaded from that Cruelty . This done , they carried away such things as they thought fit , together with the said Ministers Horse , but the Horse being quite spoiled returned the next day : They also went to the Church Beadle's House , and robb'd him of his Horse , and other things belonging to him , but the Horse returned also the next day . The names of these Assassins for the most part , and of the Gentleman that hounded them out , are well known . 2. Upon the 27th . of Ian. last , there came Nine Armed Men to the Church of Levingstonne ( it being the Lord's Day in the Forenoon ) and the Church doors being made patent to them , by one of the Ministers Servants ▪ because they had threatned to break them up , they searched all the Seats of the Church for the Minister , and not finding him there ▪ they went to his Mansion House , and disbelieving his Wife , who told them that her Husband was from home , they went through the House searching for him most narrowly ; and compelled his Wife to go before them with a lighted Candle , belching out terrible Speeches against him ; and they not yet finding him , departed , and told some of the Ministers Neighbors , who live in the Kirk Town , that if they had got their Curat , they would have ducked him in the water of Almond , and that albeit they were disappointed at that time , they were resolved to be full of his Flesh. 3. Upon the first of Feb. instant , about sixty Armed Men came to his House , and delivered to his Wife a Summons of removal , the true Copy thereof is hereafter inserted , and having called for the Ministers Gowns ( with a purpose ( as they declared ) to tear them ) and for the Keys of the Church door , the Church Bible , the Communion Cups , Records of Session , and all other Utensils belonging to the Church of Levingstonne ; they got the said Keys and Bible ( all the rest having been put out of the way ) and these they delivered to Iohn Wilson in Long Levingstonne , to be by him kept , and so departed . Follows the tenour and true Copy of the Summons . We belonging to the Parish of Levingstonne , having now groaned under the insupportable Yoke of Prelacy , and having suffered a continual tract of manifold Cruelties and Oppressions many years , upon the account of not owning and submitting unto the intrusion of Episcopal Curats , with all being touched with such zeal for the House of our God , that we cannot endure any longer , to see it made and continued to be a Den of Thieves ; who have not ventered in at Christ's Door , but the way of Man's Vsurpation , remembring the indispensable obligations of our Solemn Covenant , to endeavour the extirpation of Prelacy , being resolved to prosecute it by all approved means to the outmost as the Lord shall enable us ; to prevent other Tumults we warn you to surcease and desist from Preaching , and all other Ministerial Actions , in the Kirk of Levingstonne , and to depart from the Care and Benefice thereof , under certification , that if you refuse you shall be forced to do it . This Summons is not subscribed by any of the Parishioners of Levingstonne , who never had cause to complain of the Ministers oppression and cruelty , and did all except a few , cheerfully submit to Mr. Honeymans Ministery , until the Meeting-houses were set up . The verity of all which premises , I the said Mr. George Honeyman am able to prove by many Famous Witnesses , as Witness these presents written by Mr. Iohn Park Clerk to the Synod of Edenburgh , and subscribed at my Hand at Edenburgh the 23 of Feb. 1689. George Honeyman , Minister of Levingstonne . Jo. Park , Clerk Syn. Mr. William Man Minister at Bath-gate , informs , that upon the first day of Feb. instant , there came about the number of fifty Men in Arms to his dwelling House , about twelve a Clock at Noon , and having entered his House , they made search for him with drawn Swords in their hands , and violently broke up three doors ; and not finding him , who supposing him to be at the time in the Lady Kirktown's House , which is situated very near to his Mansion House ; they went to the said Lady's House , whose Gate being shut , they endeavoured to force it up with great Stones , and the help of an Ax , which they had purchased from some of the Neighbours ; and when all failed , they set fire to the Gate , and the Gate being thereupon made patent by the Gentlewoman , they in manner aforesaid , searched all the Rooms of the House for the said Mr. William , and not finding him , they went thereafter to the Town of Bathgate , and found him in the House of Mr. Iohn Cala , in the Company of two Gentlemen , who are Justices of Peace , viz. Thomas Sharp Laird of Honstown , and Thomas Hammiston Laird of Boghead ; and the Captain of the Company , having called him forth in presence of the said two Gentlemen , they required him with their Swords drawn , and Guns presented to deliver up to them the Communion Cups , the Records of his Kirk Session , the Church Bible , and the Keys of the Church of Bathgate , to which he having answered , that there were none of these things in his custody , they went to the Beadle , and caused him to deliver the said Keys to them , the which they committed to the Custody of Iohn Harvy , Inn-dweller in the said Town , charging him not to deliver them to the said Mr. William , as he would be answerable , unless he were forced by a greater Power so to do ; and they being informed of the place where his Gown lay , they went and took it out , and having carried it in Procession to the Cross of Bathgate , they caused his Beadle to tear it there before his Eyes ; and this done , they being intreated by the said Justices , not to lay violent hands upon the Person of the said Minister ; they delivered a Summons to him to flit and remove , and this they did before several Persons in the Town of Bathgate , whom they addu●ed to Witness the deed . The Summons is in omnibus the same with that , which the Minister of Levingstonne , received the said day , and is not signed by any of the Parishioners of Bathgate , who never had cause to complain of Mr. Man's cruelty , and did all except a few , cheerfully submit to his Ministery , till the Meeting-houses were lately set up . The verity of all which premises , I the said Mr. William Man , am able to prove sufficiently , as Witness these Presents written by Mr. Iohn Park Clerk to the Synod of Edenburgh , and subscribed with my Hand at Edenburgh , Feb. 23. 1689. William Man Minister of Bathgate . Jo. Park , Clerk Syn. Mr. Normand , Mr. Kinney Minister at Midcalder , informs , that upon the 27th . of Ian. last by past , being the Lord's Day after Sermon , Eight men with drawn Swords and Fire-locks , came to his House , but got not entrance , in regard that the Laird of Calderhall , the Laird of Pompherstonne , with divers other good Neighbors , disarmed some of them , and put the rest to flight ; in which encounter one of the Assassins was wounded in the Face , and two were wounded that appeared in the said Mr. Normans defence , viz. William Elphingstonne , natural Son to the said Laird of Calderhall , and Iames Nemo Butcher in Midcalder , and the said Assassins having got back the Arms taken from them upon their promise to be gone , they accordingly departed , threating that before they slept , they should cause several Persons in the Town of Calder to sleep in their Shooes , for what they had done in defence of the Curat , farther averring , that nothing was designed by them to be done to that Curat ; but what and much more was done this day at Edenburgh , to the outing and disgrace of all Curats there . 2. That upon the 1st . of Feb. instant , a considerable Company of men in Arms , came to the said Ministers House early in the morning , pretending , that they were come only to search , whether he were at home or not ( altho after the search , they confessed , that they knew he was not there , because sufficiently informed , that he had taken Journey on the Munday preceding , and did not carry his Gown with him , which they resolved to have if possible ) and in a most barbarous manner , forced up a Window at the foot of the Bed , where the said Minister Wife was lying with her sucking Child , and thrust in their Swords and Fire-locks at the Window , which so affrighted her with the apprehension of present death ; that she begged them for God's sake , that if they intended to murther her and her Family , they would but allow her the favour to put on some Cloaths , and to recommend her Self and Family in Prayer to God. This they nothing regarded , but continued forcing up the Hall-door , until the Lock and bolts being broken it was made patent ; whereupon sixteen of them having enter'd the House , with Swords drawn ; they conveyed the said Ministers Wife , with her Suckling in her Arms to the Kitching , and placed a man with a naked Sword beside her , whom they commanded not to suffer her to stir from that place , and in the mean while the rest of them with their Swords in their hands , searched all the House , and brought down Goods that were hid in the Cieling , declaring , that they behoved to see all the said Ministers Obligations , that he had of his Debtors , and all his other Papers ; and in particular , one of them viz. Thomas Levingstonne there said , he behoved to have a gripe of his Fathers Bond , granted to the said Minister for a certain summ of money , which he owes to him ; and after exact search , they not finding any Papers or Bonds ( the Minister having conveyed them away before that time ) they went away , carrying with them the Communion Cups , which they committed to the custody of Walter Iohnstonne in Calder , and leaving behind them a Summons of removal , in omnibus the same with these before mentioned , and withal , they declared to the said Ministers Wife , that if She and her Family should neglect to remove within ten days next , thereafter , they would return and eject her and her Children , and all the Goods in the House ; or make a Bonefire of all the plenishing . The foresaid Summons is subscribed by none of the Parishioners of Middle Calder , who never had cause to complain of their Ministers oppressing them , and did all of them except a few submit to his Ministery , till the Meeting houses were lately set up . The verity of all which premisses ; I the said Mac Normand , Mac Kinney can prove by many famous Witnesses , as Witness these presents Written at Edenburgh , by the said Mr. Iohn Park , and their subscribed with my Hand Feb. 23. 1689. Norman Mackinney Minister of Calder . Jo. Park Clerk Syn. Mr. George Robertsone Minister at Westealder , informs , that upon Dec. 23. last by past , being the Lords Day , several Persons in Westcalder , invaded his House betwixt Eleven and Twelve at Night , and searched for Arms , but found none but an old two-handed Sword , which they carried with them and departed , averring , that they were to go to their Company . 2. That upon the 1st . of Feb. instant , a Summons of removal was left at his House by some in the Parish ; the which Summons is in omnibus the same with these before-mentioned , and is not subscribed by any of the Parishioners of Westaalder , who never received any wrong from the Minister , who having been but lately settled there , most of the Parishioners submitted to his Ministery , till the Meeting-Houses were lately set up , all this I the said George Robertsone am able to prove sufficiently , as Witness these presents . Written by the said Mr. Iohn Park , and subscribed with my Hand at Edenburgh Feb. 13. 1689. George Robertson Minister at Westcalder . Jo. Park Clerk Syn. The Second Collection of Papers , relating to the Practice of the Rabble , after the Prince's Declaration against some Ministers who were afterwards deprived by the Council . A true Account of that Interruption that was made of the Service of God on Sunday last being the seventeenth of February 1689 at the Cathedral of Glasgow , by the Presbyterians , both from the Hills and the Meeting-houses , to the Contempt of the Princes Declaration . AS soon as His Highness the Prince of Orange's Declaration was proclaimed at the Mercat Cross of Glasgow , for the Preservation of the Peace of the Kingdom , and the Maintenance of the Free Exercise of Religion , as it was established in October last : The Magistrates and Ministers of the City assembled themselves , in order to the laying down such fit and united Methods as would give punctual Obedience to His Highness's Declaration , and procure the publick and undisturbed Exercise of their Religion , which has now been interrupted these four or five Weeks by-past , by the illegal unchristian Outrages of the Rabble in this place . And after a prudent Deliberation about the present State of Affairs , it was the result of their Counsels , That the Service of God should be restored on the Sunday immediately subsequent to the Publication of the Prince's Declaration , being the Seventeenth of February , according to the usual and legal Methods by ringing of Bells , and the publick use of all other accustomed Solemnities . But for the greater Security of the Exercise of Religion , and the Preservation of the Peace of the Town , the Magistrates thought themselves obliged in Conscience and Honour , to go to Thomas Crawfurd Younger , Merchant , being then Captain of the Guard at that time , and one of the Chief Commanders of that Party in this place ( that keep up themselves in Contempt of the Law of the Kingdom , and the Prince's Declaration , to the 〈…〉 the Magistrates and all good and peaceable People in 〈…〉 to require the said Thomas Crawfurd to lay down his Arms and dismiss his Company ; which accordingly was performed by Baillie Iames Gibson , he ( being the chief Magistrate in absence of the * Provost ) telling him at the same time , That he would provide for the Peace and Security of the Town in Obedience to the Prince's Declaration . Upon the absolute refusal of Obedience unto this command by the said Thomas Crawfurd , Baillie Gibson took Instruments in a publick Nottars hands , how far he had his duty to the Law of the Kingdom and the Prince's Declaration , and how far the said Thomas Crawfurd , the pretended Captain of the Guard , did despise and contemn them both . After this Intercourse between the foresaid Baillie and Thomas Crawfurd , both those Parties of the Presbyterians , that go to the Hills and the Meeting-houses , began to whisper about their illegal and bloody Designs against the Ministers of the Town , and that great Body of the People that keep still very stedfast in frequenting the Assemblies of the Church , threatning publickly all kinds of Persecution unto them in the legal Exercise of their Religion . On the Sunday morning the Promiscuous Rabble gathered themselves together upon the Streets , and hindered the ringing of some of the usual Bells for calling the People to Church . Yet the Magistrates thought fit to connive at the first Insolence , being willing upon any Terms to have the Exercise of their Religion , and give Obedience to the Prince's Declaration . But the more moderation the Magistrates shewed on this occasion , the more the Rabble were inraged , publickly threatning the People as they went to Church , to pull them out by the Ears . And particularly , they seeing a certain Minister going to Church , they pursued him with Sticks and Clubs , but he taking a House escap'd their Fury . When the Magistrates were come near the Church , they found it surrounded with a promiscuous Rout : Upon this they desired the rude People to go home in peace , but they returned Scolding and Bloody Language , and flinging from them their Cloaks and Plaides , that is Mantles , they gave the Assault with Staves and Battoons in their hands unto the Magistrates ; and particularly one of them giving a severe blow to Iohn Bell , one of the late Bailies , and at this time in company with the Magistrates . Upon which unsufferable and scandalous Attack , the Magistrates gave order to the Towns Servants and Officers , to clear their way to the Church , and beat off the Rabble ; which being effected , the Magistrates , together with all the People , entered peaceably into the Church , seating themselves according to their Ranks and Qualities in the usual postures of Devotion ▪ in which the Service of God is performed in our Church . After Prayers were ended , towards the middle 〈◊〉 of the Sermon , the forementioned Thomas Crawsurd , the pretended Captain of the Guard , came into the Church , and cry'd aloud to the People , That the Town was in Arms. He was answered , That five or six hundred People of the best Quality in Town were assembled in Church , to the Service of God , according to Law and the Prince's last Declaration , That they were naked Men without Arms or the least intention to make any resistance : And if the Town was in Arms , he was more concerned to look to it than they , he being the pretended Captain of the Guard. And likewise he was told , That if the People in Church had designed any opposition to such as might disturb them in the Exercise of their Religion , they would have appeared in an armed posture ( which out of a due respect to the House of God and the Prince's Declaration they did forbear to do ; ) and then he should have found them too strong for any ▪ Party that durst have assaulted them : But they came not thither to fight , but to serve God. The Parson continued Preaching until he finished his Sermon . Towards the latter and of the Prayers after S●rmon , the Meeting-houses being dismiss'd , and joyning the Hill Party that appeared by this time in Arms upon the Streets , and together with the Company that was upon the Guard , they formed themselves in a great Body , and then marched off under the Conduct of the Laird of Carsland , taking their way straight to the Cathedral Church ; when they came to it , they fired both upon the People that had fled to the Pinacles and Buttr●sses of the Church , and through the Door , where there was a little Boy dangerously wounded on the Face ; but at last they broke open the Doors of the Church , and searching diligently for the Parson they found him : They were disired by the Magistrates to dismiss the armed Men and go in peace , but they refused it , telling , They would have out those People that beat off the Women and the Men from the Church-door upon the first Vpr●ar . They were answered , That the Disorders were begun by the Rabble against the Prince's Declaration ; and that the Magistrates could not , without doing infinite injury to the Service of God , the Honour of the Prince , and the Authority of Government , forbear commanding the Officers and Towns Servants to beat off the Rabble that opposed their entry into the Church . And to this it was subjoyned , That if they would lay down their Arms , or go home in peace , and forbear the encouraging and protecting of the Rabble in those Vproars , they could return in the same peaceable way from the Church that they came into it . But this they absolutely refused to do , telling us , They could not desert their Sisters the Women , that by this time were assembled in great numbers upon the Streets and in the Church-yard . After this they took up the Names of the People of the best Quality in Church , and then they hurried us out by Fives and Sixes at several Doors of the Cathedral , and so exposed us to the Fury of the Rabble , which we had escap'd if th●y had p●rmitted us to go out in a Body . Others of us they pretended to conduct by Guards , but carried us no further than into the very mid●le of the Rabble . The whole Congregation being thus maliciously dissipated , very few of them did escape without Wounds or Blows ; and particularly the Lord Boyd was rudely treated , and had his Sword taken from him . Sir Iohn Bell had above a hundred Snow-balls thrown at him : The Laird of Borrowfield and his Lady , together with his two Brothers , Iames and William Walkinshawes , were five or six several times beaten to the Ground : Iames Corbeit was very dangerously wounded in the Head with the stroke of a Syth . George Graham , one of the late Bailies of the Town , was d●eply cut on the Head in two places . Doctor Wright and his Lady , and together with them her Mother and Sisters , and several other Women , were very roughly handled and beaten . Mrs. Anna Paterson Daughter to the Archbishop of the Place , Mrs. Margaret Fleiming , and several other Gentlewomen were cruelly pinch'd after their Cloaths were torn off them . There was Scores of others severely beaten and bruised , which would be tedious to make m●ntion of here , but only this we must observe , There was a certain Carpenter , who was so dangerously wounded ( so that he lyeth now beyond hopes of Recovery ) by four armed Men that promised to conduct him through the Rabble , and to whose protection he innocently committed himself . This is a true Account of what pass'd upon Sunday last , being the 17th of February 1689. which I , as M●gistrate of Glasgow in absence of my Lord Provost , give under my Hand as Truth . Iames Gibsone . For the further Testification of the Premises , we under Subscribers attest the same Io. Gillhagie . Patrick Bell. The Sufferings of Gideon Brown. Sir , TO obviate all Misrepresentations of my Treatment at Smelholm , I give you this true and impartial account according to your desire . Upon the first Saturday of February 1689. George Dickson Cottar to the Lair of Smelholm a profest Cameronian , brought to me an unsubscribed Paper in the presence of my Family , in the which he , in name of the Parochine , ordains me to cease from the Exercise of my Ministry there , pretending in it , that I had no call from the People , and that I was an Intruder , and had brought Troopers among them ; with this certification , that they would force and compel me to do it . This much troubled me , to be upbraided for that of which I was never guilty , and that by Persons whom often I kept from the lash of the Law , and who had constantly heard me till the late Toleration , and frequently taken the Sacrament from me , but from the consideration of our Saviours Treatment from those to whom he was ever doing good , I comforted my self , and resolved patiently to bear and undergo this present Disaster , and whatever might follow thereupon . This being represented to the Laird Smelholm , he advised me for a day to cease from Preaching , and withdraw , which accordingly I did : The next Lords day I returned ( laying aside all Fears , not willing so easily and suddenly to be put from the Exercise of my Ministry ) and it pleased the Lord to grant to me , and to continue with me , a safe Exercise of my Ministry without disturbance , until the fourteenth of April hereafter , which was the Lords day , on which day the Scum of that People , most of them not above the quality of a Servant , yet all dwelling under the Laird of Smelholm , except two , and newly ins●igated by one George Dickson Preacher in a Meeting-house near by ( as I am credibly informed ) did assemble with Staves and Battoons ( having , on Saturday before , warned me by a second Summons , and taking away the Bell-rope ) to oppose me that day ; the Laird of Smelholm being acquainted by me , of the said intended Uproar , at the ordinary time of convening , came to the Church-yard , I following with my Family , and after some communing with the said Rabble , his Tenants , who had been there from six a Clock in the morning , prevailed to make patent Doors , and having enter●d the Pulpi● and begun to Pray , immediately the said George Dickson ( having received the Hire of eighteen Pence from the rest , as he himself confess'd afterwards in my Beadles hearing ) approached furiously to draw me out of the Pulpit , which a Son of mine ( of sixteen years of Age ) observing , stop'd him before he came near me ; upon which there came t●n about the Boy , pulling the Hair off his Head , tearing his Hat , Cloak and Neckcloth , which extorted from his Mother these words in the midst of the Church , Murder ! Murder ! and forced me from the Pulpit , at length the Laird quieted them . Upon all this I took Witnesses , and withdrew with my Family , to the Neighbour Church , ever after that they put Cattle of all sorts into the Church , frequently threatned my self , watched every Lords day for my coming , to Church , not to Hear me but Harm me : O the Sin of Stoning of the Prophets , which brought sad Judgments on the Guilty of Old , is now frequently among us practised , the Lord grant Amendment . This forced me to Preach in my own House , while after Whitsunday , and then it being reported to me by some , that if I preached any more in the House , the said Rabble would eject me and my Family , I ceased there , and preached in some Neighbour Churches : At length they caused cite me before the Council , Sept. 28. where for not praying for K. W. Nominatim , in my House , and not reading the Proclamation there , I was deprived by the Council , and appointed to remove from my * Manse at Mertimas , to which I gave Obedience at the time ( the Laird assuring me that he could not keep his People off me , and that some had sworn to him , that they would eject me , be the event never so Hazardous ) and came to the City of Edinburg with my whole Family , intending there the Education of my seven Children at Colledge and Schools : This is a true Narration of what befel me at Smelholm , among that People , who kindly received and joyned with me in all the parts of my Ministry , until the said Dickson and others of that Perswasion had conversed with them and frequently preached among them ; yea , I am credibly informed that this George Dickson on a Saturday night as he came from Edinburg , lighted in a Change House , and then the People desiring him to preach to morrow , he answered , He would preach no more until they put away the Curate from among them . Sir , I doubt not but what I have here written , will find credit with you on my single Testimony , yet to this the Laird of Smelholm , with many others , can bear witness , I rest ( wishing the Lords Grace and Mercy ever to attend you ) Your humble Servant G. B. The Persecution of Mr. William Bullo , whom the Rabble hindred from giving Obedience , and yet was deprived . MR. William Bullo Minister at Stobo in Tweddale , was all the Winter over most barbarously used by the Rabble , they having many times , not only in the day time , but even under cloud of night , with drawn Swords and Guns in their Hands , entered his House , broke open the Doors thereof , and s●arched the same for himself , and thereby did so affright his Wife and Children , that they took Sickness through fear , and he himself for fear was forced to lye out in the Fields in the coldest Winter nights : And after he had endured a great many of their Onsets , about the beginning of April last , as the said Mr. Bullo was coming home from the accompanying the Corps of a Gentleman , they lay in ambush for him by the way , and riding through a little Village in his own Parochine , where there was a Meeting house erected , and where was the Dwelling-House of the Preacher of the Meeting-house , out of which House there broke out upon him a number of the Rabble ( among whom was the Preachers Servant-man ) and with drawn Swords in their Hands , offered to stobb him , and charged him to stand , and he putting the Spurs to his Horse rode for it , they firing their Guns after him ; and at last two of them mounted themselves on Horses and pursued him , and chased him farther than his own House , until at length the said Mr. Bullo's Horse gave over riding , and so they apprehended him , and told him , they would instantly shoot him , and commanded him to his Knees ; and he desiring for a little time to pray ; they told him , he had lived too long ; he answered , that was to quarrel with God , and he wished them to consider what they were saying and doing , For , said he , you are in passion : You Damn'd Rogue , said they , do you take on you to admonish us , we 'll shoot you presently through the Head : Then said he , Since you will do it , God have Mercy on my Soul , and God forgive you , and now , said he , I have done : Then they laid many stroaks on him , with the broad side of their d●awn Swords , and told him , They would forbear his Execution that night ( it being then late of the night ) and would take him Prisoner to his own House , and guard him there until the next day , and pronounce Sentence on him in sight of the whole Parish , and would do further as they thought fit : And accordingly all this was done , for to morrow morning they sent through the whole Parish , and convened all that would joyn with them against the said Mr. Bullo , and entered his House in a most Hostile manner with their Arms , and commanded his own Man-servant to tear his Gown ; and after many Altercations betwixt him and them , they discharged him to preach any more upon the peril of his Life : He told them , that he would receive no orders from them , he came in by Authority and would not go out but by it . And about a Fortnight or twenty days after this , they came upon his Family ( he being from home ) and most cruelly threw out at doors his whole plenishing and Furniture of his House , and locked up the Doors ; and upon the Lords day , whereupon he should have read the Conventions Proclamation for making Prayers for King William and Queen Mary , and upon the day of Thanksgiving , they set Guards in the Church-yard , lest he should have given Obedience . And thus was he violently forced away from his Church , and is since deprived by Act of Council , for his not Reading and Praying . The Names of these honest Gentlemen who offered to attest the Truth of this matter by their Oaths , when Mr. Bullo was deprived , are so well known to the Council , that it would be needless here to insert them . The Persecution of Mr. Iames Little. MR. Iames Little Minister of the Gospel at Ti●dace , was warned by six Men , whereof two were Cotters and four Young men , all Parishoners , to desist from the Exercise of his Ministry at the Church of Tindace and Trailflatt annexed to Tindace : he enquired of them by what Authority they did that ; they answered , What they had done they would stand to it : He enquired at several Parishoners , If they had any Co●mission from them for the same ; they answered , Not ; so he continued for two Lords days thereafter doing his Ministerial Duties without Interruption : upon the third Lords day he goes to the Kirk of Trailflat , where he is obliged to preach once a month , and there when he was going to perform his Duty , there meets him to the number of fifty Women and upwards , with Cudgels in their hands , and enters the House where he used to go in , and came there and most violently abused his Person , without giving any reason why , and teared his Cloak from his Shoulders , and hauled him out of Doors ; which being done , they compassed him about and beat him most severely with their Cudgels , so that some Persons who was come to hear a Sermon , cryed out , Will you Murder a Man ? and after they had torn all his Cloaths ( his Shirt not excepted ) and inquired how he durst come to preach there this day , being warned before to desist , he answered , That they could not be ignorant of a Proclamation issued out in name of the Prince of Orange , which was publickly intimate from the Cross of Drumfries the Wednesday preceding , that all their Violencies and Injuries should surcease until the Meeting of the Estates : They answered , That they could not obey Mans Laws , but their King of Heavens Laws . He said likewise unto them , Why do you put your selves out of that Frame and Temper that is suitable to the Lords day ? They answered , That in doing to me what they pleased , they could not offend their King of Heaven . After this he desired them to allow him some covering for to defend his Head from the cold , after they had cut his Hat in pieces , and trod the same , with the rest of his Cloaths , in the Mire ; all which they denied . After all this they required the Key of the Kirk-door ; he cried for the Beadle , who lived half a Mile distant from the Kirk , who was not as yet come ; upon which they sent two of their own number for it , and the Man being out of the way they returned without it ; so that the Minister was necessitated to send again for the Key , which then came ; during which time , which was more than an hour and a half , he stood naked : Then they compassed him about four at each Arm , others of them beating his Head and Shoulders with their Fists , others of them Scratching and Nipping his bare Back , and leads him along first to the Kirk-door , and after entering into the Kirk , they required of him that he would there confess all the Wickednesses he had done , as the Preaching under a Popish Tyrannical King , and delating those who did not keep the Kirk : To which the said Mr. Iames answered , God Almighty forgive you and me all our Wickednesses , and if you will have the patience , I shall preach a Sermon to you , wherein I shall shew you , upon what Ground you and I may build the Forgiveness of all our Wickednesses , because every one that asks Forgiveness does not obtain it . After which they came upon him with their Cudgels over again , and lent him upon the Head and Shoulders , and said , Will you preach to us : After all this they dragg'd him out of the Church , and caused him to deliver the Key to one of them , and others of them cried , Come all here , that we may all be alike in this Business : Immediately after they fastened four to each Arm , as before , and leads him out of the Church-yard until they bring him to a Myre , where they go about the Myre , and takes up handfuls of Dirt ; which made those who had him by the Arms , to part from him , and threw the same handfuls of Dirt upon him , and after they dismiss'd themselves . This I am ready to prove by many unexceptionable Witnesses . I. L. The Persecution of Mr. Archibald Ferguson Minister at Kirkpatrick . SIR , SInce you are so earnest to hear from me a true account of the Barbarities committed by the pretended Godly Presbyterians here , upon the Person and Family of Mr. Archibald Ferguson Minister at Kirkpatrick , in the Stueartry of Annandale , where I live ; as I am able so I am willing to satisfie you in this matter to the full , for I was an Eye-witness to some part of the Tragedy , and had the rest from some very honest Persons who were Spectators of the whole : The matter of Fact in short was this ; Upon the Festival of Easter last ( a day observed with much Religious Reverence by all the Christi●n World , except our Presbyterians , who seem to have separated from that Catholick Society ) eight Men in Arms with about an equal number of Women , much in the same posture , came to the Ministers Dwelling-house early in the morning ; and having forced open his Ga●e , the good Minister , who was then busie in preparing himself to serve God and his People in the Church , surprized with the extraordinary noise , and hearing them ask so furiously for him , came calmly to them , and modestly ask'd what business they had with him ; Whereupon one of them took him by the Gorget , commanding him to surrender himself up to them as their Prisoner : He ask'd them what he had done for which he should be made Prisoner , and by what Authority they made him theirs : He was answered by a severe blow upon the Head with a Pistol , the stroke knock'd him flat to the ground , and the Wound it made , would in all probability proved mortal , if his Head had not been gaurded by a thick Velvet Cap , which by kind Providence he had then upon it : The Miscreant who wounded him , ordered him immediately to be drag'd out from his Gate , which two of his Blood-thirsty Accomplices as readily performed , beating him afterwards down into a nasty Puddle ; his poor Wife ( then so big with Child that she expected every day to be brought to Bed ) running out to save , if she could , her Husbands Life , was , at her first Appearance , knock'd down with the Butt end of a Musket ; she received many merciless blows , and had her Head and Body severely bruised among the Stones where she was beat down . Then Iames Harcannass their noble Captain at this honourable Expedition , gave the word of Command to his Female Janizaries , which was , Strip the Curate ( for they think this a most Disgraceful App●llation , and therefore they apply it to all Episcopal Ministers ) the order was no sooner given , than these Amazons prepared to put it in execution , for throwing away their Plaids , ( i. e. loose upper Garments ) each of them drew from her Girdle a great sharp pointed Dagger , prepared , it seems , for a thorough Reformation . The good Minister lying panting and prostrate on the ground , had first his Night-gown torn and cut off him , his close Coat , Wastcoat and Britches ript open with their Knives ; nay , their Modesty could not so far prevail against their Zeal , as to spare his Shi●t and Drawers , but all were cut in pieces and sacrificed to a broken Covenant : The forementioned Captain gave the finishing stroke himself , with a great Reforming Club , the blow was design'd for the Ministers Head or Breast , but he naturally throwing out his Hands to save those vital parts , occasioned it to fall upon his Shin-bones , which he had drawn up to cover his Nakedness ; the blow was such , as greatly bruised both his Legs , and made them swell extraordinarily after ; however the Captain thinking that they were broke , and finding it uneasie for himself and his Companions to stand longer in a great Storm of Wind and Snow which happened to fall out that morning , he drew off his Company , and left the Semi-Martyr , who afterwards by the assistance of his Servants , crawled home to his Bed , and but a little after , the whole Herd of his Persecutors broke in again upon him , and told him , They had treated him so , because he prayed for the Tyrant York , ( so these People ordinarily called King Iames , tho he was too kind to them ) and because he had presumed to preach , and visit the Parishioners as if he had been their Minister , which they had formerly forbid him to do ; they required him also to be gone from their Covenanted Lands , under pain of death , before that day Sevennight , and never again to meddle with the Ministry . And tho● Application was afterwards made by some who might have been supposed to have had Interest with that Crew , yet nothing could prevail to obtain so much as but a delay till his poor Wife should be brought to Bed , and himself a little recovered of his Wounds : So that he was forced to fly for his Life , from his Parish , Wife and Children , without any hopes of returning , till it shall please God to bring some order out of our present Confusions , to open the Eyes of blind and fiery Zealots , and to stop the Fury of our ungoverned Rabble : I may say , that our Judgments begin at the House of the Righteous , for this Man is a Person of extraordinary Parts and Piety : I think it not strange , that some Men with you are so unready to believe the Fanatick Practices here , since few Men can suppose any People so Barbarous as our Bigots indeed are , but I admire that these ill Instruments about Court , who give Encouragement , Life and Motion to the Faction here , should so impudently deny the Matters of Fact , which themselves know to be but too true . If this particular Passage should be contradicted , I am ready and willing my self to attest it , and to prove it by several other unexceptionable Witnesses ; and tho it be dangerous to have particular Mens Names published , the Faction we have to deal with being Merciless and Bloody ; yet if nothing else can serve , I allow you to use my Name , but do it no further than the Cause requires , and with all that Discretion and Caution that is expected from you by SIR , Your sincere Friend and humble Servant G. M. The Third Collection of Papers , containing the Sufferings of those Ministers who complied . The Persecution of Mr. William Hamilton Minister at Irwine and Kirknewton . MR. William Hamilton , a Man for the Integrity of his Life , Purity of his Doctrine , Knowledge and Gift of Preaching beyond Exception , was first Minister at Pemicooke in Midhotham , where he served in the Ministry for several years with great Reputation : In the Year 1681. the Clergy being required to take the Test , he was one of these Ministers who scrupled to take it , and so was laid aside , he lived privately and peaceably , following his Studies , till he had again access to the free Exercise of his Ministry , which was first at the Town of Irwin in Cunningham in the Wes● ; the People there are for the most part Presbyterians . The Exemplariness of the Mans Life . The first Character I have given of the Man already , one would have thought must have conciliate all Respect and Kindness to him amongst his Neighbours , he treated them with all Discretion and Civility , upon all Occasions , yea , at such Occasions as he was not to preach at himself , he went to hear him who preached in the next Meeting-house , and went frequently to visit him , but all this prevailed not ; for about the end of Ian. 1688 / 9. these People attacqued him , some of them came in the morning , and kept him Prisoner all the Forenoon , till their Accomplices met , to the number of about Fifty or Sixty , when they were all convened , five or six of them seized him , and carried him through the Town to the Cross , making a Show of him , and here were none of all these People of his own Parish , but only two , but almost the whole Inhabitants were looking on , and saw their Minister , who deserved so very well of them , thus rudely treated , without rescuing him . When he was brought to the Cross , they tore his Gown over his Head , and told him , That that was their Testimony against Episcopacy ; they took upon them to discharge him to preach there again , and to command him to depart from the * Manse and Glebe , which he the more readily promised to do , because he was weary of living amongst them , and had an Invitation to a Charge where he expected more Comfort and Success in his Ministry , tho less Stipend . From Irwin he came to Kirknewt●n seven Miles from Edinburg in the Presbytery of Edinburg : About the end of February he exercised his Ministry there peaceably until the 18th of April , at which time a company of armed Men came to his House , about Nine of the Clock at Night ( none of them were his own Parishoners ) and commanded him in King William's Name to preach there no more . He had complied with the first , to the present Government in all things required of him , he made his Application to the Committee of Estates then Sitting , who granted him an Order to preach at Kirknewton , forbidding any Person to disturb him , or wrong him in his Person or Goods . But notwithstanding this , in Iune another armed Company came about six of the Clock one Night to his House when he was absent , and ejected his Wife and six small Children , one of them very Sick ; at this time the Act of the Meeting of Estates in the Ministers Favour was produced to these People , they read it , and dropt and trampled on it , and said , they valued it not , tho it had been under King William's own Hand , this being again represented to the Committee of Estates , they sent out Sir Iohn Maitland , one of the said Committee , to enquire about such unsufferable Insolencies , who came to the place , bespoke some he heard were most accessory , and took a List of their Names : Notwithstanding of this , not long after five Women assaulted the Minister , who had been reponed and preached again . His Servant and Horse coming from the Coal-pit , and the Servant-man's Daughter coming out to her Father's defence , was ill hurt by them , she fell in a Swound at this and at the ●ight of a Fellow who came with a drawn Sword to assist these Assassins . Iuly 19. Yet again came a company of armed Men at nine at Night , the Minister being occasionally absent , and were yet more Outragious , and again cast out of the House his Wife , Children and Servants ; at this time also they cast out his Furniture , broke much of it , took away several Books and other things he could ill spare . Mr. Hamilton , at his return , finding his Wife in a Coal-house , and being informed how badly his Family had been used , concluded it ne●dless to struggle any longer with the Humour , and did not attempt to preach . His Sick Child died before the last Assault . He afterward finding it needful for him to take Physick , and having no conveniency for that in the Coal-house , on the first of October he entered the empty * Manse , and set up a single Bed , caused carry into it one Chair and Candlestick ; on the fifth of October that Rabble returned and broke the Bed all in pi●ces , so that afterward he burnt it for fewel , it being rendered otherwise useless ; they cast out the Cloaths into the Puddle ; spared not the Chamber-pot , but beat out the bottom of it with Halbards , left not his walking Cain unbroken . They not finding himself in the Manse , they went to search for him in the Coal-house ; so narrow was the search they made , that ▪ they left not Feather-beds and Bolsters and Chests unpierced with their Swords , crying , Come out Dog , ( so they called the Minister ) two and twenty of them , all known Persons , after they had left the Cottage in which the Minister then lived , met his Servant with two Horses coming loaded with Coals to his House , they carried them back two Miles after they had come six , and compelled the Ministers own Servant to bring forth kindling to make a Bonefire of the Coals , which was done just before my Lord Torphican's Windows who lived in that place . The Minister happened at the time to be in a House in the Town in which one of the Heretors of the Parish lived , with a Friend , about his business . These People who had so abused his House and his Servant , got notice of his being there , and came to the House and would needs see him . The Master of the House and his Wife , being his good Friends , and stout-hearted People , hindered these People from breaking open the door , which they attempted to do . They threatned to shoot a pair of Balls through the door upon the Minister ; at length they promised to do him no harm if he would come forth to them . Upon this he came out , and when they saw him they had little to say to him , but that he had no right to go to the Manse , it belonging to the Kirk , and he had no right to that : He said he had returned thither not to dwell , but only for a day or two to take Physick , he having no conveniency for that in the Coal-house he then lived in , he behaved himself with that Caution and Moderation , that they could not find the least colour to do him further Injury , they only vented some foolish and impertinent Words against him . All this I can prove by the Attestation and Oaths of Famous Witnesses . W. H. Instruments in favour of the Heritors and Ministers in Colingtown , who gave all Obedience to the Conventions Commands . At Colingtown the Eighth day of September . THE which day in presence of me Notar Publick , and Witness under subscribing , compeired personally Patrick Porterfeild of Comistown , and pass'd with me and several others to the Kirk of Hailes , where we were resolved to hear a Sermon ( the Minister being at home intending to preach , but waiting till the Bells should ring ) where we were no sooner come , but there appeared several armed Men within the Kirk-yard , at whom the said Patrick Porterfeild for himself and in name and behalf of the rest of the Heritors of that Parochine , and of Mr. Samuel Nimmo present Minister there , asked from whence they were come , and to whom they belonged , and if they were come to that place of design to interrupt the Minister to preach : Who answered , That they belonged to the Earl of Angus his Regiment , and were come there designedly to hinder him to preach , and that he should not preach there take his part who would . To which it was answered by the said Patrick Porterfeild , That King William and Queen Mary and their Council had taken his part , and authorized him to preach ; and that accordingly he was ready to preach and to read the Proclamation for the Fast if they would not hinder him . To which they replied , That they disowned all such Authority , and that the Minister should not preach there . Whereupon the said Patrick Porterfeild took instruments in the Hands of me Notar Publick undersubscribing . This was done within the said Kirk-yard betwixt the hours of Nine and Ten in the Forenoon , Day Month and Y●ar of God abovementioned , In presence of Mr. Hugh Durie Writer in Edinburg , and William Bole Taylor there , with saveral other Witnesses to the Premises d●sired and required . Ita esse ut praemittitur ego Joannes Gourlay Notarius Publicus in praemissis requisitus assero testantibus his meis manu & Signo . William Bole. Hugh Durie . Mr. William Selkrig's Treatment . MR. William Selkrig Minister at Glenhome in Twiddale , read the Proclamation and prayed for King William and Queen Mary Nominatim , with the very first , and continued in the Exercise of his Ministry till the middle of Iune , at which time twenty of the Rabble , Shepherds and Cowherds and such like , came from Crawford Moor and Tweedmore to his House , and threatned to cast his Wife and Children and Plenishing out of Doors , if he would not engage to surcease from the Exercise of his Ministry and remove from the Manse : This he refusing to do , they cast out all , the Minister assuring them he would complain to Authority : They answered him , They cared not for Authority , and they would be doing : Upon which he desired they would allow him a Fortnight to remove ; and with great difficulty he obtained that : His Parishoners did not appear against him but owned him . Upon a Proclamation of the sixth of August went back , made offer to return to his Ministry and conform to the Proclamation . Two Fellows , one whereof had kept the Church till he had given satisfaction for a Scandal , the other never kept the Church : These two had put on another Lock on the Church●door by their own Authority . Upon which Mr. Selkrig went to the Sheriff Depute with another Brother to crave his assistance conform to the Pr●cl●mati●n to ●ake the Church●open , ●e pr●mised to cause the Church door he made patent against a day they agreed ●n . The Minister came on that Saturday and fou●d it not done , but received from the D●puty a Letter of excuse , That he would understand what had been done in other Shires . Mr. Selkrig th●n went to the two Fellows with a Notar , and required the Key of the Church-door according to the Proclamation , that he might return to his Ministry . They acknowledged that they were accessory to the putting on the Lock but that they had not the Key : He repli●d , That either they had it , or knew where it was ; and ●p●n their refusal to make the Church-door patent , took Instruments of his willingness and their refusal to deliver the Key , protesting for reparation of Cost , Skaith and Damage , as the Ins●●ument at length b●a●s ; and upon this ●eturned to Edinburg where he and his Family live still . The instr●ment and acco●nt of this , was produced by the Minister under the hands of the publick Not●ary and several Witnesses , to persons in Authority , but no redress was made . The Persecution of Mr. Burges a Complier . SIR , IT 's like you are d●sir●us to be informed how Affairs go with me ; I am one of these who have given Obedi●nce to the Meeting of Estates , but I met with no P●otecti●n fr●m th●m : Upon the Lords day , immediately after the rising of this Current Parliament , Tumultuously , tho without A●●s , th● Rabble came and possessed then selves of the Church , being sent from one Mr. Walker who preaches in the Meeting-house by the connivance of Mr. M●●at ( whom I suppose you know ) who sometime was Minister there , but is now Old and therefore unable ( as they say ) for which they have cast him ●ff ; all this time they came not near me , nor ●●quired aft●r me ; and I no wise doubted ( in the mean while ) but that Act of Parliament , anent their Establishment , had passed unto a Law , so ●oved not abroad from my House that day ; the next I preached as formerly , without any Inter●uption , the Reason was ( as I knew afterward ) that the Heritors and the old Presbyterian Ministers were offended that the young Man should have invaded upon Mr. Mouat's Right ; whereupon my officious Helper has ever since retired himself and discontented with his former Conven●icle : However they are resolved , I mean the Rabble , that I shall no longer enjoy peaceable possession , notwithstanding my Compliance : In order to this , there comes in a considerable number of Fellows with Arms and beating of Drums to my House , and asked for me upon the Tu●sday following , I was not at home , but they challenged my Wife how I dar'd to preach after they had possessed the Church : She told them , What I did was by the Authority of King William : To which they replied , King William , we care not for that Authority : At which she smiled , and thanked them for their Dis●●etion . Some of them threatned very rudely , that if I preached any more there , it should cost me my Life ; others spoke more discreetly , and only advised I should not do it , lest I brought my self to more trouble . However , when I came home , I prepar●d for preaching , but upon Sunday morning there assembled in my Church-yard , and about my Gates , two hundred Fellows with Guns Staves and Swords ; when I judged it near the ordinary time of going for Church , I sent forth my Reader to know from them , why they were assembled at so unseasonable a time , since they came not to hear Sermon from me ; and withal , That they would by some few of their number , let me understand the same . Accordingly they commissionated four to speak with me , who told me ●iatly , Our Will is , y●u preach no more here , and you shall preach no more . I was indeed a little startled to hear Cowards speak in such a Sovereign Stile , and opposed the Authority of King William to Counterballance theirs , but to no purpose , for they told me they cared not a Rush for that , they would do as they pleased . I have not preached there since , save in my own House . They guarded the Church for four or five Sabbaths , and this is all I have to trouble you with , only I intreat your Prayers in behalf of SIR , Your Brother and Servant I. B. The Persecution of Mr. David Spence . ABout the beginning of Ianuary 1689. between fifty and sixty Men , all Strangers to me , came in an hostile manner to my House , and searched every part of it for me , with drawn Swords in their hands , and not finding me , appointed my Wife to tell me , that they discharged me to preach any more there , or require any more Stipend , under the highest pains ; and thus notwithstanding more than a whole years Stipend was unpaid to me ; but I continued in the Exercise of my Ministry until the Twentieth day of April , at that time a great number , some Strangers , some my own Parishoners , came to my House armed with Muskets and Swords , that was the day on which I was appointed to have read the Proclamation of the 23d of April , and the cause of their coming then was , they feared I might comply ; they resolved to pr●vent that , and took away the Keys of the Kirk-door , and also the Mort-cloth ( tho part of its price was unpaid to me ) thus I was incapacitated to obey the Order of the Meeting of the Estates : Upon this I applied my self to the Committee of ●states then Sitting , shewing , that whereas I was willing to give Obedience to the Law , yet I could not have Liberty for the Rabble which excluded me from the Church ; the Committee gave me a Protection and Warrand , and required the Heretors to put and keep me in the peaceable ●xercise of my Ministry , and secure such Persons as should disturb me in my Ministry . I sh●wed the Protection to all the Heretors , but Kirkurd , one of them , and who was most concern●d , said it was not in their power to protect me , tho they were chiefly his Tenants that opposed me . Afterwards in September they cited me before the Privy-Council , which deprived me and declared my Church vacant , only because I did not read the Proclamation in my own House , which the Law did not require : They consid●red not the Protection I had from the Committee , nor my willingness to obey if allowed , but tre●ted me as if my Non Obedience had been the most free choice in the World ; which I can prove by Witnesses . This , Sir , is a true account of my Case . I am SIR , Your most obliged humble Servant D. Spence . The Persecution of the Presbytery of Stranrare who complied . SIR , YOU are desirous to have an account how the Ministers of the Presbytery of Stranrare were tr●ated by the Rabble . In the first place you must know , that all of them had read the P●oclamation , and prayed for King William and Queen Mary , except one who was in Edinburg at the time ; notwithstanding of this they were not secure from the Rabble , but on the contrary their greatest Troubles then began , most of them continued preaching till Whitsunday , at which time small Parties of these People who came over from Ireland for shelter , were imployed and conduced to go to several Ministers Houses to discharge them to preach any longer , adding Threatnings if they continued in the Exercise of their Ministry there ; they put on new Locks which they brought with them on the Church-doors , and kept Guards there and in the Church-yards , to hinder the Ministers from ent●ring . All the Ministers of this Presbytery w●re ●jected out of their Manses . Mr. Ramsay one of them , dwelt in an hired House which did not belong to the Church , but he was not spared more than the rest , these People came and drowned out his Fire , cast out his Goods ▪ and otherwise badly intreated his Family , frighted his poor Wife and Children , he was forced to flee to Ireland for shelter , from whence these People had come . These People , when demanded by the Ministers why they who pretended to flee from Pers●cu●ion themselves , and were Protestants , should at such rate persecute Protestant Ministers , who obeyed the Law , and expected rather Protection , but on the contrary had shewed Hospitality towards them , according to their Ability . Some of them being confounded at this , said , That they were pressed , yea , hir●d to what they had done ; yea , some of them vowed they should never go such an Errand again . I believe Necessity had moved th●se poor People for a little Money to do that which otherwise they abhorred , but when some would not go they found others . The Ministers , a●ter they were cast out of their Manses , they lived in the Barns of the Manses for some time , but they were not suffered to con●inue long there but were ejected ; then they took shelter in the Barns and Stables of Country-men who ●avoured them always , till they themselves were menaced and threatned for receiving them . One of them , Mr. Iames Cameron , a very worthy Man , was forced , with the Man who reset him , to betake themselves to the Fields , to save themselves in the Night-time from the Rabble who were come to assault th●m . This came upon the hon●st Country man , meerly because he shelter●d his Minister whom he loved . These Furious People meeting with the Ministers Servant , did beat him so till he fell to the Ground deprived of all signs of Life . The●Rabble came to a Ministers Wife of Glenluce when her Husband was absent , and enquired for him , and when they found him not , they began to cast out his Goods into the Closs , and the Ministers Wife had caused put on a Pan on the Fire for to make some Breakfast for a Sucking Child , but their Fury could not allow them to forbear drowning out the Fire till the Childs Meat should first been made . This is all the abrupt Information that now in haste can be given , but you may have a further account afterwards . Mr. Iohn Maubray Minister at Vphall did comply with all that was required of him by the Council , yet the Rabble came ●pon him , did cast out his Plenishing , tore his Gown , aff●ighted his Wife so that she died shortly after . Being thus violently thrust from his Wife , he came to his Patron Lord Cardrose , one of the present Privy-Council , and desired that his Lordship would allow him but to shelter himself in some Chamber of his Lordships House of Kirkhill , till he provided himself of some other place ; but my Lord denied his request : He then adventured again to lodge in the Manse to preach to his People , but the Lord Cardrose commanded him to forbear , and when he would not promise to abstain , his Lordship did take from the said Mr. Iohn the Keys of the Church-doors , so that he has excluded him the Kirk . This can be proved by many famous Witnesses , as is now attested by W. S. I. M. The Persecution of Mr. Francis Scot. MR. Francis Scot Minister of the Gospel at Tweedmore , was ejected by the Rabble , and his whole Family turned out of doors , ( his Wife having been delivered of a Child four days before ) tho he complied in all Points . Mr. William Alison Minister of the Gospel at Kilbocho was ejected about the same time by the Rabble , to wit , the middle of Summer , they holding Pistols to his Breast , having given all Obedience to the Laws , yet was cited by his Parochioners before the Council , and was absolved and warranded to return to his Charge ; after a number of Women in his own Parochie , rose up and went to his Manse , wherein he had some plenishing standing , and threw it out and broke it all in pieces , and drove away his Cows that was pasturing in his own Glebe , and destroyed all his Corn ; and now a Meeting-house Preacher possesseth his-Church , preaching in it daily , albeit he be authorized himself by Authority , and after all this no care is taken to repossess him . Witness our Hands F. S. W. A. A Letter to the Lord E — ne . Airth Octob. 14. 1689. May it please your Lordship , WE your whole Neighhour Heretors concern'd in the Parish of Airth , considering the Vacancy of our Church through the removal of Mr. Paul Gellie our Minister , by the rash Depositions of two or three insignificant Persons , and the great Insolencies of the Rabble thereupon , without Law or Order , in abusing and violently possessing the Church ; conceived our selves obliged to intreat your Lordship to see what may be done for the Redress and Satisfaction of orderly People . And seeing we have nothing to object against the Life or Doctrine of our Minister , who is well beloved by the whole Body of the Parish , whose Loyalty and Painfulness in the Ministry , your Lordship knows : It is our ●arnest desire , that you interpose your endeavour to get him repossess'd again in this Church , if possible , in doing of which , you may be instrumental for promoting the good of this place , and not only oblige the whole Body of the Parish , but particularly us who are Your Lordships humble Servants , Alex. Bruce Ia. Bruce of Powfouls . Ionas Bruce of Letham . Al. Elphinstone as Tutor of Stone-house . Rob. Rolles of Panhouse . I. Wright of Kersie . I. Forssithe of Polmais Taillertowne . A Letter to the Right Honourable the Lord E — ne at London . Barnton Octob. 17. 1689. My Dear Lord , YOUR Lordship knows how Mr. Paul Gellie , your Minister , has deported himself in his Ministry at Airth , and has gained the Affections of all the Parish , except three or four of the very worst of them , and how he was removed from his Charge upon the Depositions of two flagitious Fellows , who had resolved to Damn themselves to get him out of his Ministry . If your Lordship can get his Cas● fairly represented , and him reponed to his Charge ; I hear that the Hail Heretors , and the most substantious Tenents , will take it as a singular Favour : And albeit I have no Interest , but as a Tutor to Airth , I will esteem it for a singular Kindness . My most humble Service to my Lady , and I am , My Lord , Your Lordships most humble and faithful Servant , Ro. Mylne . A Letter to the Lord E — ne in London . Edin . Nov. 19. 1689. My Lord , I Have sent the Testimony of the Heretors of your Lordships Parish , with Barnton's in my Favours , hoping your Lordship on their Testificat , with your own Knowledge , may procure an Order of Reinstallment from His Majesty to me , especially considering , that to your certain knowledge I have given full Obedience to the Government , and have in my Custody the Testimonies of an hundred and fifty Heads of Families subscribed by them , ready to depone the truth of my Obedience , and Innocency of what these two infamous Persons witnessed against me : Yea , I have a subscribed Testimony of honest Men , offering to prove these two Witnesses ( by whom I was deposed ) really perjured , and before credible famous Witnesses one of them has confessed his Perjury . And if His Majesty be informed of the manifest Injury done me by two perjured Persons , contrary to the Testimony of the whole Parish , I doubt not of an Order of Reinstallment ; and truly the Falsehood , Malice and Cruelty of that Party in your Lordships Parish , is so known to the Presbyterian Ministers themselves , that scarcely any one will come and preach to them ; for tho they violently possess the Church , which they have greatly abused , they had not a Sermon these divers Sabbaths : So that our People not only want the preaching of the Gospel , but likewise the Ordinances of the Lords Supper and Baptism . If I were present I am assured to prevail , and if you judge it expedient , send me word by a Line , and with the help of God I shall come on my own Horse by Land , for I am afraid to venture by Sea. I would have sent the Testificat of the whole Parish contrary to these two false Depositions against me , but I am afraid they may be miscarried , and it would be hard for me to recover them again at this juncture of time , but I think your Lordships own Testimony will be sufficient with what I have done . My Lord , I need not use motives to perswade your Lordship to move herein , all are confident you both may and will prevail for an Order from His Majesty for my Reinstallment , which will be for your Lordships Honour , who is Patron , and for His Majesties Interest , as well as my Advantage . I shall add no more , but pray for the Blessing of God on your Lordship , Lady , and the whole Children , which shall ever be continued by , My Lord , Your Lordships most faithful and Obedient Servant , Paul Gellie . The Fourth Collection of Papers containing Proclamations , Acts of Convention and Council . A Proclamation against Owning of the late King Iames , and Commanding Publick Prayers to be made for King William and Queen Mary . THE Estates of this Kingdom of Scotland having proclaimed and declared William and Mary , King and Queen of England , France and Ireland , to be King and Queen of Scotland ; They have thought fit by publick Proclamation , to certifie the Leidges , that none presume to own or acknowledge the late King Iames the Seventh , for their King , nor obey , accept , or assist any Commissions or Orders , that may be Emitted by him , or any way to Correspond with him ; and that none presume upon their highest Peril , by Word , Writing , in Sermons , or any other manner of Way , to Impugn , or Disown the Royal Authority of William and Mary , King and Queen of Scotland ; But that all the Leidges render their Dutiful Obedience to their Majesties ; And that none presume to Misconstrue the Proceeding of the Estates , or to Create Jealousies or Misapprehensions of the Actings of the Government ; but that all the Ministers of the Gospel , within the Kingdom , publickly Pray for King William and Queen Mary , as King and Queen of this Realm : And the Estates do Require the Ministers within the City of Edinburgh , under the pain of being Deprived and losing their Benefices , to Read this Proclamation publickly from their Pulpits , upon Sunday next , being the 14th instant , at the end of their Forenoons Sermon : And the Ministers on this side of the River of Tay , to Read the same upon Sunday thereafter , the 21st Instant ; And those Be-north Tay , upon the 28th Instant , under the pain foresaid : Discharging hereby the Proclamation of the Council , Dated the 16th of September 1686. to be read hereafter in Churches . And the Estates do Prohibit and Discharge , any Injury to be offered by any Person whatsoever , to any Ministers of the Gospel , either in Churches or Meeting-houses , who are presently in the Possession and Exercise of their Ministry therein , they behaving themselves as becomes , under the present Government : And Ordains this Proclamation to be published at the Mercat-Cross of Edinburgh , with all ordinary Sol●mnities , that none may pretend Ignorance . Extracted forth of the Records of the Meeting of the Estates , by me Ro. M ckenzie . God save King William and Queen Mary . The Reader is desired to take notice , because omitted in the Narrative , that tho the Presbyterian Preachers , whom it is certain the Convention thought Gospel-Ministers , were obliged as much at least as any others , to read this Proclamation , and had it for that purpose sent them ; yet they were never called in question for their neglect of it , tho that was sufficient to turn out the Orthodox Clergy , which to play the Pedant for once , amounts to this in Latin : Dat veniam Corvis , vexat censura columbas . In Scotch . Show me the Man and I 'll show you the Law. The truth is , the Governours knew that many of the Meeting-house Preachers could not be induced to do any thing in favour of any King , until he had first declared for Presbytery and renewed the Holy Covenant , and this is the true reason , why no Oath of Allegiance is yet put to any of the Clergy in Scotland , either of the one Perswasion or the other ; This Proclamation was not published till Saturday April 1● . 1689. and sent to the Ministers at Edinburgh late that night , and to some of them not till Sunday Morning , and yet upon that short Advertisement , all were to satisfie their Scruples of Conscience against next Morning , about Translating their Allegiance which they had Sworn to one King , to another who had not then declared that he would accept the Crown upon such Conditions as it was offered with ; otherways they were to be deprived ; This is pressing of Conscience with a witness ; and 't is plain from the latter part of this Proclamation , that Men might offer what Injury they pleased to Ministers of the Gospel , who were not then in exercise and possession of their Ministry ; that is indeed , to all the Orthodox Ministers in the West , who had been some months before drawn from their Possessions by the Rabble . To the King 's most Excellent Majesty , The Humble Address of the Presbyterian Ministers in His Majesties Kingdom of Scotland . May it please your Majesty , WE Your Majesties most Loyal Subjects , the Ministers of the Presbyterian Perswasion in your Ancient Kingdom of Scotland , from the deep Sense we have of Your Majesties gracious and surprizing Favour , in not only putting a stop to our Long Sad Sufferings for Non-conformity , but granting us the Liberty of the publick and peaceable Exercise of our Ministerial Function , without any H●zard ; as we bless the great God who hath put this in Your Royal Heart , do withal find our selves bound in Duty to offer our most humble and hearty Thanks to Your Sacred Maj●sty ; the Favour bestowed being to us , and all the People of our Perswasion , valuable above all our Earthly Comforts : Especially since we have Ground from Your Majesty to believe , That our Loyalty is not to be questioned upon the account of our being Presbyterians ; who , as we have amidst all former Temptations endeavoured , so are firmly resolved still to preserve an entire Loyalty in our Doctrine and Practice , ( consonant to our known Principles , which according to the Holy Scriptures are contained in the Confession of Faith generally owned by Presbyterians in all Your Majesties Dominions : ) And , by the help of God , so to demean our selves , as Your Majesty may find cause rather to enlarge , than to diminish Your Favours towards us : Throughly perswading our selves , from Your Majesties Justice and Goodness , That if we shall at any time be otherwise represented , Your Majesty will not give Credit to such Information , until You take due Cognition thereof ; And humbly b●seeching that those who promote any Disloyal Principles and Practices , ( as we do disown them ) may be look'd upon as none of ours , whatsoever Name th●y may assume to themselves . May it please Your most Excellent Majesty graciously to accept this our humble Address , as proceeding from the Plainness and Sincerity of Loyal and Thankful Hearts , much engaged by this Your Royal Favour to continue our fervent Prayers to the King of Kings , for Divine Illumination and Conduct , with all other Blessings Spiritual and Temporal , ever to attend Your Royal Person and Government ; which is the greatest Duty can be re●dred to Your Majesty , by Your Majesties most humble , most faithful , and most obedient Subjects . Subscribed in our own Names , and in the Name of the rest of the Brethren of our Perswasion at their desire . At Edinburgh the Twenty first day of Iuly , in the Year One thousand six hundred eighty seven . To the King 's Most Excellent Majesty , The humble Address of those of the Presbyterian Perswasion in the City of Edinburgh and Canongate . May it please Your most Sacred Majesty , WE cannot find suitable Expressions to evidence our most humble and grateful Acknowledgments for your Majesties late Gracious Declaration , by which we are happily delivered of many sad and grievous Burdens we have long groaned under : And ( all Restrainsts , to our great Joy , being taken off ) are allowed the free and peaceable publick Exercise of our Religion , a Mercy which is dearer to us than our Lives and Fortunes . Could we open our Hearts , Your Majesty would undoubtedly see what deep Sense and true Zeal for Your Service , so surprizing and signal a Favor hath imprinted on our Spirits ; For which we reckon our selves highly obliged ( throwing our selves at Your Majesties Feet ) to return Your most Excellent Majesty our most humble , dutiful , and hearty Thanks : And we desire humbly to assure Your Majesty , That as the Principles of the Protestant Religion , which according to our Confession of Faith we prof●ss , obligeth us all the days of our Lives to that intire Loyalty and Duty to Your Majesties Person and Government , that no difference of Religion can dissolve ; So we hope , and through God's assistance shall still endeavour , to demean our selves in our Practice in such manner as shall evidence to the World the Truth and Sincerity of our Loyalty and Gratitude , and make it appear that there is no Inconsistency betwixt True Loyalty and Presbyterian ●rinciples . Great Sir ! We humbly offer our dutiful and faithful Assu●ances , that as we have not been hitherto wanting in that great Duty which our Consciences bind upon us to pray for Your Majesty ; so this late refreshing and unexpected Favour will much more engage us in great Sincerity to continue still to offer up our desires to the God of Heaven , by whom Kings Reign , and Princes decree Justice , to bless Your Majesties Royal Person and Government ; And after a happy and comfortable Reign on Earth , to crown You with an incorruptible Crown of Glory in Heaven , which is most ardently prayed for , by , Most Dread Sovereign , Your Majesties most Humble , most Loyal , most Dutiful , and most Obedient Subjects . Subscribed in our own Names , and by Order of those of the Presbyterian Perswasion within Your City of Edinburgh and Conongate . There is another Address that I have seen from the Pastors and People of God * in the West of Scotland in and about Glasgow , which for high Strains of Flattery and vast Promises of Duty and Compliance , far out-does the two that are here inserted , yea , and that high-flown one of your Godly honest Alsop in England , it is to that Address of Glasgow which could not now be bad , that the Author of the Narrative more particularly relates : by these two that we have found , Men may see how ready that Party was to comply with a Popish Prince , and how faithful they are to their greatest Promises of Duty and Allegian●e , appears by their Practices since . The Viscount of Dundee's Letter to the Convention . Dudhop , March 27. 1689. May it please your Grace , THe coming of an Herauld and Trumpeter to Summon a Man to lay down Arms , that is living in peace at home , seems to me a very extraordinary thing ; and I suppose will do so to all that hears of it . While I attended the Convention at Edinburgh , I complained often of many peoples being in Arms without Authority , which was notoriously known to be true , even the Wild Hill-men ; and no Summons to lay down Arms under the pain of Treason being given them , I thought it unsafe for me to stay longer among them : And because some sew of my Friends did me the Favour to convey me out of reach of these Murderers , and that my Lord Levingston , and several other Officers took occasion to come away at the same time , this must be called being in Arms : We did not exceed the number allowed by the Meeting of Estates : my Lord Levingston and I might have had each of us Ten ; and four or five Officers that were in Company might have had a certain number allowed them ; which being , it will be found we exceeded not . I am sure it is far short of the number my Lord Lorne was seen to march with . And tho I had gone away with some more than ordinary , who can blame me , when Designs of Murdering me was made appear ? Besides , it is known to every body , that before we came within sixteen Miles of this , my Lord Levingston went off to his Brother my Lord Strathmoir's House ; and most of the Officers , and several of the Company , went to their respective Homes or Relations ; and if any of them did me the Favour to come along with me , must that be called being in Arms ? Sure when your Grace represents this to the Meeting of the States , they will discharge such a groundless Pursuit , and think my appearance before them unn●c●ssary . Besides , tho it were necessary for me to go and attend the Meeting , I cannot come with Freedom and Sa●ety , because I am informed there are Men of War and Foreign Troops in the Passage ; and till I know what they are , and what are their Orders , the Meeting cannot blame me for not coming . Then , my Lord , seeing the Summons has proceeded on a groundless Story , I hope the Meeting of States will think it unreasonable I should leave my Wife in the Condition she is in . If there be any body that , notwithstanding of all that is said , think I ought to appear , I beg the favour of a delay till my Wife is brought to Bed , and in the mean time I will either give Security , or Paroll , not to disturb the Peace . Seeing the Pursuit is so groundless , and so reasonable things offered , and the Meeting composed of prudent Men , and Men of Honour , and your Grace presiding in it , I have no reason to fear further trouble . I am , May it please your Grace , Your most humble Servant , Sic subscribitur , DUNDEE Postscript . I beg your Grace will cause read this to the Meeting , because it is all the Defence I have made . I sent another to your Grace from Dumblein , with the Reasons of my leaving Edinburgh : I know not if it be come to your Hands . This Letter sent from Dundee the Great , to the Convention , will somewhat serve to discover the humour of the Times , and the impartial Iustice of that Convention , the Rabble and Wild-hill Men went together in Arms in formidable Multitudes both in the Country and City , and the Thanks of the Convention was made to them for their good Services ; they affronted the Viscount of Dundee daily upon the Streets , and sometimes on the Night attempted to Murder him in his House ; all which was made evident to the Convention , and no notice taken of it ; but because my Lord Dundee and some other Gentlemen , not willing to lye longer under those Dangers , retired to their Country-houses only with such a Guard as was sufficient to secure them from the Violence of the Rabble , which the Convention it self allowed to Noble-men and Gentlemen when they travelled on the Road ; upon this account he was attainted of High Treason , and a Herauld and Trumpeter sent to Summon him upon that account to appear and answer for his Life and Fortune ; by their own Messengers he sent back to them the preceding Letter , and by the Tennor of it , I leave the World to judge who they were that first begun the War in Scotland , which is not ended there yet , nor like to do in haste , and hath cost the Nation so much Blood and Treasure since . An Act of Council . At Edin . Dec. 24. 1689. THE Lords of His Majesties Privy Council , considering that by the Act of the Meeting of Estates of the Date the Thirteenth day of April last , there is a difference made betwixt the Ministers then in possession and Exercise of their Ministry at their respective Churches , and those who were not so . And that the Case of the Ministers who were not in the actual Exercise of their Ministerial Function the Thirteenth day of April last , lyes yet under the consideration of the Parliament ; and lest in the mean time they may call and pursue for the stipend ( alledged ) due to them , or put in execution the Decreets and Sentences already obtained at their instance for the same before the Estates of Parliament can meet and give these Determinations in the Points . Therefore the said Lords of Privy Council finding that the Case foresaid depending before the Parliament , is not obvious to be cognosced and decided upon by the inferiour Judges , but that the same should be left intire to the Decision of the Parliament ; have thought fit to signifie to all inferior Courts and Ministers of the Law , that the matter abovementioned is depending before the Parliament , to the effect they may regulate and govern themselves in the judging of all Process to be intented before them upon the said matter , or in executing Sentences already pronounced thereupon , as they will be answerable . Sic subscribitur , Crafoord . J. P. D. S. Con. Was ever Iustice ( to speak modestly ) stretched so as in this Act ; because the Government in the Proclamation of the Date April 13. had left the Ministers of the West , who were forced by the Rabble from their Possessions , out of their Protection , which was all the difference mode by that Act , was it therefore not just to allow them any Tithes or other Debts due to them for several years before , and for which they had obtained fairly Decrees and Sentences in Courts of Iudicature , surely these Preachers , who by the Violence of the Rabble had possessed their places , had no legal or just pretence to any part of the Tithes or Stipends for which the others had served . With what face then , or pretence to common Iustice could this be called a Case depending before the Parliament . A Proclamation anent the Ministers . At Edinb . August 6. 1689. WHereas the Meeting of the Estates of this Kingdom , by their Proclamation dated at Edinburgh , the Thirteenth day of April , 1689. did Command and Require all the Ministers of the Gospel within the Kingdom of Scotland , publickly to pray for King William and Queen Mary , as King and Queen of this Realm , and to read that Proclamation from their Pulpits upon the several Lords days therein exprest ; as also , the Estates of the Kingdom did prohibit and discharge any Injury to be offered by any Person whatsoever , to any Minister of the Gospel , either in Churches or Meeting-houses , who were then , viz. on the Thirteenth of April last , in Possession and Exercise of their Ministry , either in Churches or Meeting-houses , they behaving themselves dutifully under the present Government . And it being most just and reasonable , that the foresaid Proclamation be fully performed and obeyed , as most necessary for the Security of the Peace of the Kingdom , and that such Ministers who gave Obedience should be Secure under the Protection of the Law , and that the pain of Deprivation be inflicted upon all those Ministers who have Disobeyed the Proclamation . Therefore the Lords of His Majesties Privy Council , in their Majesties Name and Authority , Do strictly Command and Charge , that none of the Leidges take on Hand to do any Violence or Injury to any of the Ministers of the Gospel , whether they be Preaching in Churches or Meeting-houses , and that all such as were in Possession and Exercise of their Ministry upon the Thirteenth day of April last , be allowed to continue undisturbed , and that such Ministers as have been removed , dispossessed or restrained without a legal Sentence in the Exercise of their Ministry , since the Thirteenth day of April last , shall be allowed to return , and Exercise their Ministry without Disturbance . And ordains the Sheriffs and their Deputs , Stewards , Baillies , and other Magistrates , within their respective Bounds , to give their Assistance for making the Premisses effectual ; As also , that such Ministers who have not read the Proclamation , and prayed for King William and Queen Mary , according to the Tenor thereof , may be deprived of their Benefice , and restrained to Officiate in their Churches . The Lords of His Majesties Privy Council do invite and allow the Parochioners and Hearers of such Ministers as have neglected and slighted the reading of the Proclamation , and praying for King William and Queen Mary , to Cite such Ministers before the Privy Council ; and grants Warrand for citing and adducing Witnesses to prove the same , that such Ministers as have Disobeyed , may by a legal Sentence be deprived of their Benefices , and that none of the Leidges at their own hand , without a legal Sentence and Warrand , presume to meddle in this matter . And Ordains these Presents to be Printed , and published by Macers of Privy Council , and Messengers , at the Mercat Cross of Edinburgh , and other places needful , that none may pretend Ignorance . Extracted by me Gilb. Eliot , Cls. Sti. Concilii . God save King William and Queen Mary . In this Proclamation it 's visible that the Ministers who were outed by the Rabble before April 13. as almost all the Ministers in the West and South were , are again fairly excluded from the Protection of the Government , as if the Cruelty and Barbarities of the Rabble were to be applauded by the Governours , and all these who suffered under them to be condemned as Criminals and Traytors to the State : And to make short work on it with these Ministers who were yet in the Possession of their Livings , the Rabble and all their Enemies without distinction are here invited to be Evidences against them for their immediate Deprivation ; and the effect was Quod non fecere Barbari , secerunt Barbarini . This Proclamation was issued out to shorten the Form of Process which that of the Sixth of August obliged the Accusers and Pursuers of Ministers to observe . A Proclamation for Citing Ministers who have not Prayed for Their Majesties . Edinb . August 22. 1689. WHereas by an Act of Council , of the Sixth of this Instant , in Pursuance of an Act of the Meeting of the Estates of this Kingdom , of the Thirteenth of April last , the Parochioners and Hearers of such Ministers as have neglected and slighted the Reading of the Proclamation therein mentioned , and the Praying for King William and Queen Mary , are invited and allowed to Cite such Ministers before the Privy Council , which Act of Council grants Warrand for Citing and Adducing Witnesses ; And forasmuch as the Design of the said Act , is , that such Ministers who have Disobeyed the said Act of the Meeting of the Estates , may conform thereto by a Legal Sentence be Deprived ; Therefore that the said Act of the Meeting of the Estates , and the Act of Council pursuant thereof , may attain their intended Design , and Effect , with the greater Expedition , and least Expenses to the Leidges , The Lords of His Majesties Privy Council , in their Majesties Name and Authority , do invite and allow , not only the Parochioners and Hearers of such Ministers as have Disobeyed , but also the Heretors of these Parochines , and the Sh●riffs or their Deputs , and Magistrates of Burghs Respective , and the Members of this Currant Parliament , within their Respective Bounds , to cause Cite such Ministers before the Privy Council , and hereby grants Warrand to Messengers at Arms , for Citing them , and such Witnesses as are necessary , they delivering a Copy of these Presents , either in Print or in Writ , Signed by their Hand , to each Minister that shall be Cited by them to any Tuesday or Thursday six days after the Citation , for all on this side the River Tay , and Fifteen days for all beyond the said River , That such Ministers who have not given Obedience to the said Act of the Meeting of the Estates , may by a Legal Sentence be Deprived according thereto ; and Appoints the Returns of these Executions to be Inrolled by the Clerk of Privy Council , and called before the Lords at their respective days of Compearance ; Declaring that these Presents are but prejudice of any Citations already given , or to be given , either upon the former Act of Council , or upon Warrands from the Council-Board . And Ordains these Presents to be printed , and published by the Macers of Privy Council at the Mercat-Cross of Edinburgh , that none may pretend Ignorance . Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . God save King William and Queen Mary . I John Dickson Macer , by virtue of the above-written Proclamation and Warrand , Summond , Warne and Charge you Mr. James Gray Minister at Kelso , to Compear before the Lords of His Majesties Privy Council at Edinburgh , or where it shall happen them to be for the time upon the Third day of September next to come , in the hour of cause to answer at the instance of Sir John Dalrymple Younger of Stairs , his Majesties Advocate for his Highness's Interest , and John Laidlaw Tayler in Maxwel-heugh , and John Laidlaw Wright in Kelso for themselves , and in Name and behalf of the Parochine of Kelso , to the effect and for the cause above written , with Certification conform to the above-written Proclamation and Warrand direct to me their anent . Per Actum Dominorum Secreti Consilii . DICKSON Messenger . This is the Form of the Summons appointed by the Council to be given to the Ministers , or left at their Houses if they happened to be from home . A Declaration by His Highness the Prince of Orange , for the keeping of the Peace , &c. in the Kingdom of Scotland . William Henry , by the Grace of God , Prince of Orange , &c. WHereas the Lords and Gentlemen of the Kingdom of Scotland met at Whitehall at our desire , to advise Us what was to be done for Securing the Protestant Religion , and Restoring the Laws and Liberties of that Kingdom , have desired us to Call a Meeting of the Estates in March next , and in the mean while to take upon Us the Administration of publick Affairs both Civil and Military , the Disposal of the publick Revenue and For●r●sses , and the doing every thing necessary for the Preservation of Peace . We being desirous to omit nothing that may tend to the publick Good and Happiness of that Kingdom , have ( in pursuance of the said Advice ) issued forth our Orders for Calling of the said Meeting of the Estates ; And to the end that in the mean time the publick Peace , and the Fortresses may be secured , and the Revenue collected , we do hereby Will and Require all Persons , being Protestants , that are at present in the Possession of the Offices of Sheriffs , Justices of Peace , Marshals of Burghs , Bailies of Regalities , Stewards of Stewartries , Governours or Lieutenants of Fortresses , Keepers of Prisons or Prisoners , or in the Possession of any Inferior Offices and ●aces of the like Nature , and likewise all Persons , being Protestants , that are in the Possession of any Office or Imployment , in Collecting , Receiving , Managing or Ordering of the publick Revenue , to take upon them , and to continue in the Exercise of the saids Offices and Places respectively , doing and ordering every thing , which the Trust reposed in them , according to the Nature of the saids Offices , requires to be done , and ordered in the usual Manner , Form and Method : And we do in a particular Manner Authorize , Impower and Require , such of them to whom the Care of Preserving the Peace and Quiet of the Nation belongs ; to use all diligence for Suppr●ssing all Routs , Tumults , Disorders , Violencies and such other unwarrantable Practices as are contrary to it : And we do hereby expresly prohibit and discharge all Disturbance and Violence upon the account of Religion , or the Exercise thereof , or any such like Pretence , and that no Interruption be made ; or if any hath been made , that it cease , in the free and peaceable Exercise of Religion , whether it be in the Churches or in publick and private Meetings , of those of a different Perswasion . Requiring , like as we do hereby require all Protestants , as they love the good of their Country and Religion , and are willing in their several Stations and Capacities to concur with Us , in our Endeavours to bring Matters to a happy and desirable Settlement , that they will live peaceably together , and without disquieting or molesting one another ; Enjoy their several Opinions and Forms of Worship , whether according to Law or otherways , with the same Freedom , and in the same manner , in which they did enjoy them in the month of October last , till such time , as by regular and legal Methods , a due Temper may be fallen on , for composing and settling those Differences : And to the end , that the Peace may be the more effectually secured ; We require all Men , or numbers of Men in Arms , by vertue of any Order or Authority , and under any Title and Designation whatsoever , whether they be standing Forces , or Militia Forces modelled into regular Troops , and kept on foot , as standing Forces , to separate , dismiss and disband themselves ; Likewise we do hereby Disband them , and appoint them to retire to their respective Dwellings , with full assurance to them , that care shall be taken in due time for their having their Pay , if any shall be found due to them . And we do farther prohibit and discharge , all Persons in time coming to take Arms , or to continue in Arms upon any pretence whatsoever , with a Commission or express Order from Us. Excepting from what is above written , likeas , we do hereby except the Garisons of the Fortresses , and the Company of Foot entertained by the Town of Edinburgh , for the Guard of the said Town , whom we do appoint to continue in the Exercise of their Duty ( they being Protestants ) in the said Garisons and Towns. And whereas several Roman Catholicks have been , and are still in the Possession of the Places and Offices abovementioned ; We do hereby require them to leave the said Offices and Places , and to retire to their several Dwelling-houses , where we forbid and discharge all Persons to disquiet , disturb , or molest them any manner of way ; and we appoint the next immediate Protestant Officers in the Fortresses , where the Governours , Deputy-Governours , or other Officers are Roman Catholicks , to take upon them the Custody of the saids Fortresses , and in the same manner , that the Protestants concerned in the Collecting and managing of the Revenue and the keeping of the Peace , do supply by their diligence , the Vacancies that are or may happen to be in places of the like Nature , This our Declaration to be of Force , and to take effect till the said Meeting of Estates in March next ; and to be without prejudice to any other Orders we may think fit to give to any Person or Persons , for the ends abovementioned ; And we do farther order this our Declaration to be printed and published at Edinburgh , and printed Copies of the same to be given , or sent to the Sheriffs and Stewartry , Clerks of the several Shires and Stewartries whom we do hereby require to publish the same upon the first Mercat day after the receipt thereof , at the Crosses of the Head Burghs of their respective Shires and Stewartries , in the due and usual manner . Given at St. James's the Sixth day of February , in the Year of our Lord 1688 / 9. W. H. Prince of Orange . The Effects of this Declaration were , that these Gentlemen who had taken Arms to defend themselves , and the Regular Clergy from the Fury of the Rabble , disbanded and laid down their Arms as the Declaration required , whereupon the Phanatick Mob became much more Insolent and Outragious , despising the Declaration , and destroying all the Clergy they could reach , for which they had the following Act of Thanks . An Act approving of the good Services done by the Town of Glasgow , Shire of Argyle , and other Western Shires in this Conjuncture , with a return of the Thanks of the Estates to them . AT Edinburgh , March 28. 1689. The Meeting of the Estates of this Kingdom , taking into their Consideration , that by the sending of the standing Forces into England , the Estates were destitute of that Guard and Defence , which was proper and necessary in this Conjuncture , and that several Persons , well affected to the Protestant Religion , at the Dyet of the Meeting of the said Estates , having repaired to this City of Edinburgh , from Glasgow , the Shire of Argyle , and other Western Shires , did at the Desire , and by Warrand of the Estates , put themselves to Arms , and since have so continued Watching and Warding , under the Command of the Earl of Levin , and demeaned themselves Soberly and Honestly , and been Active and Instrumental to prevent Tumults , and to secure the Peace and Quiet of this Meeting , and Place ; and there being now some Scots Regiments arrived here , under the Command of Major General M●cay , The Estates do therefore hereby declare , That what is past , was good , acceptable and seasonable Service , and do approve the same ; and hereby gives Order to the said Earl of Levin to Disband them , and allows them to return with their Arms to their respective Homes , and do return their Thanks to the Persons who have been imployed . Extracted out of the Records of the Meeting of Estates , by me Ja. Dalrymple , Cls. This is the Act , that in the Narrative is called , An Act for Thanks to the Rabble ; The Persons to whom it relates , being these Zealots ( who contrary to all the Laws of Religion and Humanity , contrary to the Laws of all Nations , and particularly to the standing Laws of this Kingdom , and contrary to the Prince's own Declaration , Feb. 6. 1688 / 9. ) convened and continued in Arms , till they drove out all the regular Clergy in the West , and many in the South , and being in number about 8000 or above , overawed and threatned those concerned , to elect Members for the Convention ; and at the Meeting of Estates , rushed in a Tumultuary and H●stile manner into Edinburgh , planted themselves , without any publick Order or Commission , about and in the Parliament house , where , at every turn , they rail'd at , threatned , baffled and affronted the Bishops ; nor were the ancient Nobility and G●ntry ; who generally adhered to the ●pisc●pal Cause , better treated by them ; the Terror whereof made many of the most eminent Members never come near the House , and made many who came at first , soon after desert it ; all this was considerably , before the Earl of Levin was , by the Convention , appointed to Command them : This being Matter of Fact well known to the Estates . I leave the World to judge how well these Men deserved this Act of Approbation . A Proclamation for a General Fast. At Edinb . August 24. 1689. Present in Council , E. Crafurd P. M. Douglas . E. Southerland . E. Leven . E. Annandale . L. Rosse . L. Carmichell . Sir Hugh Campbel of Calder . Sir Iames Montgomerie of Skelmorly . Sir Arch. Murray of Blackbarrony . Iames Brody of that Ilk. Sir Iohn Hall L. Provost of Edinb . FOrasmuch as the great and long abounding of Sins of all sorts amongst all Ranks of Persons , with the continued Impenitency under them , and not Reforming therefrom ; The falling from their first Love ; and great Faintings and Failings of Ministers , and others of all Ranks , in the hour of Temptation , in their Zeal for God and his Work ; and that although there be much cause to Bless God for the Comfortable Unity and Harmony amongst the Ministers , and Body of Christian Professors in this Church : Yet that there are such Sad and Continuing Divisions amongst some , is also matter of Lamentation before God ; The great Ingratitude for his begun Deliverance of this Nation from Popery and Slavery , and unsuitable Walking thereunto , The Contempt of the Gospel , not Mourning for former and present Iniquities , nor turning to the Lord by such Reformation and Holiness , as so great a Work calls for ; The many Sad and long continued Tokens of Gods Wrath , in the hiding of his Face , and more especially in his Restraining the Power and presence of His Spirit , with the preached Gospel , in the Conversion of Souls , and Edifying the Converted ; And the Lord 's Threatning the Sword of a Cruel and Barbarous Eenemy , in the present great Distress of Ireland , by the prevailing of an Anti Christian Party there , and Threatning the Sword of the same Enemy at Home , and the great and imminent Danger of the Reformed Protestant Religion , not only from an open Declared Party of Papists , Enemies to the same , but from many other professed Protestants , who Joyn Issue with them in the same Design , besides the sad Sufferings and Scatterings of Reformed Churches Abroad ; Having Seriously and Religiously moved the Presbyterian Ministers , Elders and Professors of the Church of Scotland , Humbly to Address themselves to the Lords of His Majesties Privy Council , for a General Fast and Day of Humiliation , to be kept throughout the whole Kingdom . The saids Lords Do out of a Pious and Religious Disposition , Approve of the said Motion , as Dutiful and Necessary at the time ; And therefore in His Majesties Name and Authority , Do Command a Solemn and publick Fast , and day of Humiliation , to be Religiously and Sincerely Observed throughout this Kingdom , both in Churches and Meeting-Houses , as they would avert Wrath , and procure and continue Blessings to this Kingdom , and that all Persons whatsoever may send up their Fervent Prayers and Supplications to Almigh●y God , That He would pour out upon all Ranks , a Spirit of Grace and Supplication , that they may Mourn for all their Iniquities , and more especially , that God would pour forth upon King WILLIAM and Queen MARY , and upon all inferior Magistrates and Counsellors , a Spirit of Wisdom for Government , and Zeal for God , His Church , and Work in this Land , as the present Case of both do call for , and that God may preserve Them for carrying on that great Work , which he hath so Gloriously and Seasonably begun by Them ; and that God would Countenance , and Bless with Success the Armies by Sea and Land , Raised for the Defence of the Protestant Religion ; and more especially , that God would pour forth a Spirit of Holiness upon them , lest their Sins and ours , may provoke God again● them in the Day of Battel ; and that he would Bless all Means for the Settlement of Church and State : That God would Bless the Season of the Year , and give Seasonable Weather for Cutting Down , and gathering in the Fruits of the Earth , that the Stroke of Famine , which God hath frequently Threatned the Nation with , may be Averted . And the saids Lords of His Majesties Privy Council , do , in Name and Authority foresaid , Command and Charge , that the said Solemn and publick Fast , be Religiously and devoutly performed , both in Churches and Meeting-Houses , by all Ranks and Degrees of persons within this Kingdom , on this side of the Water of Tay , upon Sunday the Fifteenth day of September next to come ; and by all others be-north the same , upon Sunday thereafter , the Twenty second day of the said month of September : And to the End that this part of Divine Worship , so pious and Necessary , may be punctually kept upon the respective Days above-mentioned , They Ordain Sir William Lockhart Sol●icitor , in the most convenient and proper way , to dispatch and send Copies hereof to the Sheriffs , their Deputs , and Clerks of the several Shires of this Kingdom , to be by them published at the M●r●at Crosses of the Head Burghs , upon receipt thereof , and immediately sent to the several Ministers , both of Churches and Meeting-Houses , that upon the Lords-day immediately preceding the Fast , and upon the respective Days of the publick Fast , and Humiliation , the Ministers may read , and intimate this Proclamation from the Pulpit , in every Parish Church and Meeting-House ; and that they Exhort all persons to a serious and devout performance of the said Prayers , Fasting and Humiliation , as they regard the Favour of Almighty God , and the Safety and Preservation of the Protestant Religion , and expect a Blessed Success to the carrying on of that Great and Glorious Work of this Nations being delivered from Popery and Slavery , so seasonably begun ; and as they would avoid the Wrath and Indignation of God against this Kingdom , and procure , and continue mani●old Blessings to the same : Certifying all these who shall contemn or neglect such a Religious and necessary Duty , they shall be proceeded against , and published as Contemners of his Majesties Authority , Neglecters of Religious Services , and as persons disaffected to the Protestant Religion , as well as to Their Majesties Royal Persons and Government . And Ordains these presents to be printed and published by Macers or Messengers at Arms , at the Mercat-Cross of Edinburgh , and other places above-mentioned , that none may pretend Ignorance . Per actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . God save King William and Queen Mary . Some of the sad Effects of this Canting Proclamation were particularly felt by Mr. Ramsay who preach'd in the Forenoon in the old Church at Edinb . a Man of an unblameable Life , a judicious and accurate Preacher , gave Obedience in all things , to the Act of the Meeting of Estates of the Thirteenth of April , read the Proclamation , prayed in express Terms for King William and Queen Mary the very first day these things were enjoyned to be done on , but that availed nothing , for the design was to remove all the Episcopal Ministers from the Pulpits in Edinburgh at any rate , and upon any pretence how little soever . Mr. Ramsay gets a Citation to appear before the Privy Council . By their procedure against his Brethren he knew what would be the event of this ; and therefore it being his turn to preach on that day he was cited to comp●ar on , and many of his Elders and Parishoners being present , he delivered some Advices and Exhortations which made the Sermon look somewhat like a valedictory one ; after Sermon his Elders attended him to the foot of the Stairs of the Council Chamber . Mr. Ramsay is called and interrogated if he did read the Proclamation of the 13th . of April , he answered , I did read it : Again he is questioned if he prayed for King William and Queen Mary , naming them , ( for it was not enough to use such Expressions as were only to be appropriated to William and Mary ) he said , He had prayed for them by Name . But ( says the President ) you only prayed for them as Declared King and Queen , not as those that were really such . Mr. Ramsay replied , That he had prayed for William and Mary , whom the Estates of the Kingdom had Declared King and Queen , and since they had no Liturgy , and they had given to them no Form of Prayer , he thought , being he had pray'd for William and Mary , no more was to be required ; and as for the words Declared King and Queen , he had taken them from one of their own Proclamations ; which when denied , he desired the Proclamation might be produced , which was done , and then it appeared he was in the right . When he could not be reached in this point , then the President , the Earl of Crawfurd , said , But , Mr. Ramsay , you pray for the late King James . My Lord , said he , I p●ay in these words , Lord Bless William and Mary wh●m the Estates of this Land have Declared King and Queen , and Bless all the Royal Family Root and Branch , especially him who is now under Affliction , Sancti●ie it u●to him while he is under it , and when it seems good to thee , deliver him from it . This , says he , is the Form I made to my self , for you prescribe none ; and is it not a sore matter , that when nothing is left to King James in Reversi●n of Three Kingdoms , but the Prayers of poor Men , that you should deny him those . They then ordered him to remove , and consulted by what other way they might reach him , for yet they could not find a pretence against him sufficient to deprive him . At last they called him in , and the President said , But Mr. Ramsay , you did not read from the Pulpit the Proclamation for the Fast. Now , my Lord ( replied Mr. Ramsay ) you have nick'd me , indeed I did not intimate that Fast. But why did you not ? For many Reasons , my Lord , said he . But pray , said my Lord , let us hear some of those Reasons . Excuse me , my Lord , replied he , it 's sufficient that I confess that I did not read it . ( But according to the method of their Inquisition of Screwing out Mens minds , and provoking them to speak , that they might get occasion against them ) they press'd him to name some of his Reasons , he said , being they urged he would give them one , That it was against the Practice of the universal Church , and primitive Canons , to Fast on Sunday : And he said , Tho there were no other Reasons but that one● he could not intimate that Fast. He gave this Reason , as that which he thought would give them least Offence . They ordered him to remove till they had deliberated what to do with him , and then cause call him in , and deprived him for not reading the Proclamation for the Fast. Dr. Gardner a Man of great Parts and Piety , and one of the Ministers of the Tal●●ooth Church in Edinburgh , was deprived upon the same account of not intimating that Fast , tho he had complied in every thing else which they demanded . A Proclamation Discharging the Payment of the Rents of the Bishopricks to any , but the Persons named by the Council . At Edinburgh , September 19. 1689. WHereas the Meeting of the Estates of this Kingdom , in their Claim of Right , of the Eleventh of April last , Declared , that Prelacy , and the Superiority of any Office in the Church , above Presbyters , is , and hath been a great and insupportable Grievance to this Nation , and cont●air to the Inclinations of the Generality of the People , ever since the Reformation ; And that their Majesties with Advice and Consent of the Estates of Parliament , have by their Act of the Date the Fifth day of Iuly last bypast , abolished Prelacy , and all Superiority of any Office in the Church above Presbyters : And His Majesty considering the prejudice it may be to His Interest , if fit Persons be not appointed to look after , and receive the Rents and Emoluments , particularly those consisting of Ti●hes , which formerly did belong to the Bishops , Hath therefore signified His Royal Pleasure , That the Lords of His Majesties Privy Council should give Warrand to Alexander Hamilton of Kinkell , for Drawing and Upli●●ing the Tithes and other Rents of the Archbishoptick of St. Andrews , he giving sufficient Security for his Faithful performance of his duty in the said Office ; and hath also left it to the Council to appoint fit persons for Drawing and Uplifting the Tithes of other Bishopricks for this present Cropt and Year of God 1689. that none concerned suffer prejudice : Excepting the Bishoprick of Orknay , which His Majesty is resolved to have Uplifted with the Rents of the Lordship . And the saids Lords of Privy Council having in Obedience to His Majesties Commands , Nominat and Appointed fit and qualified persons for Drawing of the Tithes , and Uplifting of the Rents formerly belonging to the Bishops , Deans , or any other person of superior Order and Dignity in the Church above Presbyters ; And least before the time that some of them can be able to come to this place , and find Caution for their faithful discharging of that Trust , and make Intimation of their respective Commissions to Uplift the saids Rents for the said Cropt and Year of God foresaid , to the persons lyable in payment thereof , The Teinds and other Rents of the Archbishopricks and Bishopricks , and others foresaids may be Imbazled and Introm●tted with by persons who have no Right thereto ; Therefore the saids Lords of Privy Council , in their Majesties Name and Authority foresaid , prohibit and Discharge all and sundry Heretors , Feuers , Li●erenters , Tax●-men of Teinds , Tennents and others whose Teinds were formerly in use to be drawn , and who were lyable-in payment of any Rent or Duty to the saids late Archbishops or Bishops , or others foresaids , to draw or suffer their Teinds to be drawn , and from payment of any Rental-Bolls , Feu , Blench or Tack-Duties , and other Rents , Casualties and Emoluments , formerly payable to the saids late Archbishops , Bishops , and others foresaid , except to such persons as shall be authorized by the saids Lords of Privy Council for uplifting thereof ; with Certification to them , if they do any thing in the contrary hereof , they shall be lyable therefore , notwithstanding if any pretended Discharge that may be Impetrat or Obtained from any other person or persons for the said Cropt and Year of God foresaid . And Ordains these presents to be printed and publish●d by Macers of Privy Council at the Mercat-Cross of Edinburgh , and by Messengers at Arms at the Mercat-Crosses of the He●d●Burghs of the other Shires within this Kingdom , that none may pretend Ignorance . Per actum Dominorum Secreti Consilii . GILB . ELIOT . Cls. Secreti Concilii . God Save King William and Queen Mary . This Alexander Hamilton who is here appointed to uplift the Rents of St. Andrews Archbishoprick , was taken in actual Rebellion at the time of Bothwell bridge Rebellion , and by the Clemency of the Government then , had his Life spared , altho he was always a great Ring-leader of that Rebellious Rout , which so much plagued the Nation before and since that time . A Draught of an Act for Establishing the Church-Government . Presented by his Majesty's High-Commissioner , July 22. 1689. FOrasmuch as the King and Queens Majesties , and the Estates of Parliament , by their Act the Fifth of Iuly instant , Abolishing Prelacy , and the Superiority of any Church-Officers above Presbyters in this Kingdom ; did declare , That they would settle that Church-Government in this Kingdom which is most agreeable to the Inclinations of the People . And considering , That the Church-Government by General , Provincial , and Presbyterial Assemblies , with the Sessions of the Kirk , as it was established by the first Act of the Twelfth Parliament of King Iames VI. holden in Iune 1592. is most agreeable to the Inclinations of the People : Therefore the King and Queens Majesties , with Advice and Consent of the Estates of Parliament , Revives and Renews the said Act of Parliament in the whole Heads , Points , and Articles thereof , ( with this express Declaration , That the necessity of occasional Assemblies be first represented to His Majesty by humble Supplication : ) And Statutes and Declares , That it is , and shall be lawful to the Presbyters of this Church to admit Ministers upon Presentations from the lawful Patrons , or Iure de voluto , which shall happen hereafter ; or into Churches which fall not under Patronages , but were Mensal and Patrimonial Churches belonging to the Bishops ; sicklike and as freely as they did or might have done of before by the foresaid Act of Parliament in the Year 1592. and to do all and every thing which before pertained to Presbyteries , and were exercised by the Bishops . And Ordains all the Ministers in this Kingdom to submit and conform themselves to the Church-Government established by the foresaid Act , and to take the Oath of Allegiance , under the pain of being deprived of their Churches , and losing their Benefices . And it is Declared , That all Ministers that shall submit and conform to the foresaid Church-Government , and to take the Oath of Allegiance , without being obliged to take any other Oath , shall enjoy their Churches and Benefices , and shall not be deprived of the same , except for Scandal or Insufficiency . But in respect there are several Ministers that were put out of their Churches and Benefices since the year 1662. for not complying wi●h , and conforming to Prelacy ; and others since the year 1681. for not taking the Test : And now seeing Prelacy is Abolished , and all Acts relating thereto , it is just and reasonable that these Ministers that went out , and were laid aside , for not conforming to , and complying with Prelacy , and for not taking the Test , should be restored to their Churches and Benefices ; Therefore the King and Queens Majesties , with Advice and Consent of the saids Estates of Parliament , do Ordain the saids Ministers that went out , or were laid aside , upon the account foresaid , to be restored and reponed ; and do hereby repone and restore them to their respective Churches and Benefices . And the King and Queens Majesties , and Estates of Parliament , declares , That they will take care to provide these Ministers that are now serving the Cure at the saids Churches , with other Churches and Benefices , as occasion shall offer ; they submitting themselves to the Government of the Church established by this present Act , and taking the Oath of Allegiance , and being sufficient and qualified for the Office of the Ministry , and without Scandal . As also it is Declared , That Intrants to the Ministry shall not be holden or obliged to take any other Oaths at their Admission , but the Oath of Allegiance , and the Oath de fideli . And in regard that much trouble hath ensued unto the Estate , and many sad Confusions and scandalous Schisms have fallen out in the Church , by Church-men meddling in matters of State : Therefore their Majesties , with Advice and Consent of the Estates of Parliament , do hereby discharge all Ministers of the Gospel within this Kingdom , to meddle with any State-affairs , either in their Sermons or Judicatories , publickly or privately , under the pain of being holden as disaffected to the Government , and proceeded against accordingly . And declares , That the Jurisdiction of the Church consists and stands only in the preaching of the True Word of Jesus Christ , Correction of Manners by Ecclesiastical Censures , and the Administration of the Holy Sacraments , conform to the 69th Act Iames 6. Parl. 6. And to the effect there be nothing treated or concluded in the Church-Judicatories , that concerns the Affairs of S●ate , or Civil Matters ; it is declared , That Their Majesties , if they shall think fit , may have always one present in all the Provincial and Presbyterial Ass●mblies ( as well as They have Their Commissioner present in General Assemblies ) that in case any Affair that concerns the State , or Civil Matters , that d●es not belong to the Jurisdiction of the Church , shall come in before the saids Assemblies , the said Person appointed by Their Majesties shall inhibit and Discharge the Provincial or Presbyterial Assembly to proceed in any Affair that concerns the State or Civil Matter , before Their Majesties and Their Privy Council shall be acquainted with the same , that They may declare Their pleasure therean●nt . And because there are many things to be settled in relation to the Policy and Discipline of the Church , therefore Their Majesties declare , That They , by the Advice of the Estates of Parliament , and Judicatories of the Church , will enact such Rules concerning the Policy , Discipline , and other Matters to be observed by the Church , as shall tend most to the curbing of Vice , the Advancement of True Religion and Piety , and the Preservation of Unity and Peace amongst the Subjects . And Their Majesties , with Advice and Consent of the saids Estates of Parliament , R●●●inds and Annuls the first Act of the 15 Parl. K. Ia. VI. anent Ministers provided to Prelacies should have Vote in Parliament ; and the second Act of the 18 Parl. Ia. VI. anent the Restitution of the Estate of Bishops ; and the eighth Act of the 19 Parl. Ia. VI. anent the Commissario●s and Jurisdictions given to the Archbishops and Bishops ; and the first Act of the 21 Parl. Ia. VI. anent the Ratification of the Acts of the Assembly of Glasgow , in the year 1610. and the first and second Acts of the 22 Parl. of K. Ia. VI● in the year 1617. anent the Archbishops and Restitution of Chapters ( without prejudice always to the Ministers serving the Cure , of any Emoluments allowed to them in part of their Stipends ) and the first Act of the 23 Par● of K. Ia. VI. in the year 1621. anent the Ratification of the Articles of the Assembly holden at Perth . And rescinds and annuls all and whatsomever Acts , Laws , and Constitutions , in so far as they derogate and are prejudicial to the Church-Government , by General , Provincial , and Presbyteral Assemblies , and Kirk-Sessions ; and in so far as they are conceived in favour of Archbishops , Bishops , Abbot , Priors , and other Prelates or Church-men whatsomever , their Dignity , Title , Power , Jurisdiction , and State in this Church and Kingdom , or in favours of the Civil Places or Power of Church-men , or of whatsomever sort allowed or disallowed , for their Ruling , Sitting and Voting in Parliament , either as Church-men , or the Clergy , or in name of the Church ; or as representing the Church , either in regard of their Ecclesiastical Titles , Offices , Places and Dignities , or in regard of the Temporality or Spirituality of Ecclesiastical B●nefices , or other pretexts whatsomever , with all Acts and Constitutions of Convention , Council or S●ssion , or other Judicator whatsomever , and all Practices or Customs whatsomever , introduced in favours of the saids Offices , Titles , Benefices or Persons provided thereto ; and all other Acts , Statutes or Practices which are contrary and prejudicial to , or inconsistent with this present Act ; and declares the same to be void and null in all time coming : And seeing by the abolishing of Prelacy , the is at present no Meeting of the Presbyteries , or Provincial Assemblies , and it being necessary that there be a time and place appointed for the first Diet of Meeting , therefore Ordains the Ministers of the several Presbyteries on the South-side of the River of Tay , to meet and convene upon the second Tuesday of August next , at the ordinary places where the Presbyters are in use to meet , and these Ministers of the Presbyteries on the North-side of the River of Tay , to me●t and convene upon the first Tuesday of September thereafter , at the ordinary places where the Presbyters are in use to meet ; and appoints these Ministers that shall meet in the respective Presbyteries , to chuse their own Moderator ; and ordains the Moderator first to take and subscribe the Oath of Allegiance himself , and then administrate the said Oath to the rest of the Brethren , that they may take and subscribe the same ; And ordains the Moderator of the respective Presbyteries to return the said Oath so taken and subscribed , to the Clerks of Privy Council betwixt and the first of October next ; and orduins the first Diet of Meeting of the several Provincial Assemblies of this Kingdom to be upon the second Tuesday of October next , at the ordinary places , where the Syn●ds and Provincial Assemblies were in use to meet : And ordains the Church-Sessions to be el●cted and chosen , both in Burgh and Landward , at the ordinary times , and after the ordinary manner . Tho King William desired the Presbyterians to pass this Act for the Settlement of their Government in the Church , yet because it seemed to restrain them from controling the State when they pleased ( as they had been always wont to do when in power ) for sometimes the Parliament and General Assembly flatly contradicted one another , as in the year 1674. when King Charles ● . was kept Prisoner at the Isle of Wight , the Convention of Estates voted that an Army should be sent ( as it was ) under the Command of Duke Hamilton , to relieve His Majesty , but the General Assembly pass'd an Act at the same time , flatly contradicting that , and accordingly after the King's Forces were defeated by the Rebels in England , the Kirk , to show their absolute Supremacy in the State , forced the Nobily and Gentry , who were Officers under the Duke , to make their Repentance before the Congregations publickly in Sackcloth . I say , because this Act seemed to restrain them from meddling in State Affairs , as they had been wont to do , leaving them no power in the State , and the King some power in the Church , as that they could not call a General Assembly without acquainting him with the necessity of it , therefore this Act was rejected with great Contempt and Indignation ; and the Presbyterian Minister who was then in Quality of a Chaplain in the Parliament , said , that they would , rather than admit of such a Mangled Mungril Presbytery , beg back the Bishops again ; and that it was Nonsence not to allow the Clergy to impose other Oaths as well as that of Allegiance . The Conclusion . SOme may perhaps think it an unkindness done to the Nation of Scotland , thus to expose the publick Acts of the Kingdom which were never ridiculous or afraid of the light , but only when some Men Gov●rned , who are indeed the far least and most inconsiderable part of the People , otherways why should they so violently now oppose the Dissolving of this Parliament and the Calling of a new one ; since it is certain that the Humour of the Nation cannot be so well known by a thin Conv●ntion , which was called in an extraordinary Hurry , in a great Confusion and Fermentation of the People , and which proceeded with equal Heat and Precipitancy ? Others may think , that by publishing the Names ( as is here done ) of some few of these good Men who have suffered , they shall be thereby dangerously exposed to the Fury and Violence of these Zealots , whose greatest Mercy is Cruel●y : Indeed there is too much Ground for this Conjecture . But our Enemies have put us upon this Necessity , for the late account that was given , in some Letters , of the present Persecution of the Church in Scotland , tho it was exactly true in all the Matters of Fact relating to that Persecution ; yet in England where these things are not so well known , some Men being ashamed of these Barbarities , to which they gave all the Life they could at such a dist●nce , have industriously represented by their Tongues and Pens , that account as altogether False and Fabulous , altho even themselves are but too well satisfied that it contains sad Truths . Their Mercurius Reformatus , as he stiles himself , wanting Advertisements , and good News from Ireland to fill up his Weekly Papers , stuffs two or three of them with Reflections on that former account of our Persecution : First , He doubts the Matters of Fact are not true ; and it 's something strange , that one who has conversed so intimately with , and been most of his Life bred up amongst Scotch Fanaticks , should so much question their natural and customary Practices . Secondly , He imputes all the Mischief ( if , says he , there has been any ) wholly to the Rabble , and wonders that any part of it should be charged upon the Godly Patriots to whom the Government of that Kingdom is now intrusted : But now if the Matters of Fact so fully att●sted in this Book , and the publick Acts so faithfully transcribed , do not satisfie him , and those few whom he may have led into these his willful Mistakes ; they must be allowed to doubt on till one come from the Dead to inform them , if even that can perswade them to believe . But Thirdly , which shows that he is indeed but a new Observator , he seems to grant what he would deny , for acknowledging the Persecution , he says , That it was occasioned by the Severities wherewith the ●piscopal Party had treated the Presbyterians in the by-gone Reigns ; as if their new Gospel could adopt Revenge into a vertue , and as if all the Punishments inflicted upon Rebels by the State for its own Security , were to be charged only upon the Church , and revenged now upon the Clergy , the poor helpless Prelates and their Curates . Fourthly , He 's confident that the whole Book is but a malicious Design to Bespatter the present Government ; if the Government be bespattered when the true account of their open Proceedings is fairly published to the World , then the faultlyes originally in that Government , not in the Historian : It 's a strange Severity in any Government , not to suffer Men to groan under Burthens because it imposed them , and to knock Men in the Head for but clattering those Chains wherewith the Government Fetters them . Fifthly , He quarrels at the Stile of the Letters , for the Authors , he says , do no where express any thing of duty or Allegiance to the present Governours , but according to Mercurius's own Principles of Policy , there 's time enough for that when they find themselves according to the Articles of the pretended Original Contract , and many fair promises , secured in their Religion , Liberties and Properties , for now it 's a received Axiom it seems , that Protection and Allegiance are reciprocal : Again , He 's offended at the Sharpness and Severity which he discovers in the Expressions , then he runs out in many Rhetorical Commendations ( by way of new reformed Observation ) upon Moderation , and recommends it from the great Example of a famous Roman Catholick Prince , whereas at another turn he will not allow either Popish Prince or People to be capable of the least Moderation , meerly because they are Papists . It 's hard to think why this Gentleman should be so much offended with the Stile of those Letter's ; it 's not , I hope , for the Scoticisms in them , for that 's a Fault that neither he nor we can so easily help in our Writing ; perhaps he 's angry that he , as a Scotch Doctor , was not entrusted to purge out their sharp Humour , before they were allowed to take the open Air in England . When the new Observator upon March 26. last , published my Lord Crasurd's Letter dated Edinburgh March 16. 1690. he might have observed , that in that Letter my Lord fairly owns , that the Council did at the same time that they proceeded against Ministers for not praying for King William , take probation of Crimes of another nature also against them ; tho the Cognisance of them did no way belong to the Council ; these are the very words of the Letter , for if this be true , the Proceedings of the Council against the Ministers must be acknowledged not to have been fair and legal ; for the Observator himself who once pretended to an inferior kind of Practice in the Scots Law ; knows I hope so much , as that no Court ought to hear probation of Crimes whereof they have not the Cognizance , nay the best of Men may be abused by such Proceedings , for if the Court be not competent , the Defendants cannot be admitted to object against the Insufficiency of the Probation , and so the worst things may be proved against the most innocent People . But of all them that have written or spoken against the Account given in those Lettert , we owe the most Thanks to one downright true thorough-paced Presbyterian , who writes a Pamphlet against it , called , A Brief and true Account of the Sufferings of the Church of Scotland , occasioned by the Episcopalians since the year 1660. The Book is indeed worth the reading because in it the Author has fairly pulled off that Mask which others more Cunning but less Honest , love to act under . I shall not here hazard the turning of the Readers Stomach , by repeating any of these his most fuls●me Expressions which he liberally strows in every Page of his Book ; only this I must say , That it 's not possible for a Devil to bring more Railing and false A●cusations against the Brethren , than this pure Presbyterian does against our Clergy and States-men ; he has learned it seems of his Friend Matchiavel to calumniate boldly , hoping that if he throw a great deal of Dirt , some of it may stick ; but his Mallce is too large to be confin'd to Scotland , and therefore he opens foully against the Church of England too , for he says , * That Dr. Oates ( a modest Man like himself ) did the Nation more Service than the seven Idolized Stars , so many of whom are now turned Dark-lanthorns . Neither must the Complying Bishops escape his Fury , for of them he says , * That as they have the Dishonour of being the Mother of that Hel●ish Monster Possive Obedience , they have also the Ignominy of being the Murtherirs of it , having new basely cut its Threat , as Harlots use sometimes to do with their spurious Breed . † Then as for the English Clergy in general , he says , * That let their Hyperbolical Pretentions to Zeal for Religion and Loyalty be what it will , yet if the King put forth his hand and touch them , they will Curse him to his face , and rather than part with on inch of Superstition , or a Swinish Lust , will as the Party have always done , lay a Confideracy with Hell and Rome , as times past and present do evidence beyond Contradiction , from the Reformation to this day : In another place he says , * That their dayly Prayers are , that God would pull down the Antichristian Hierarchy also in England ; and why ( says he ) may we not do it , as well as the English Prelates and Clergy Plot , Drink and plead against the Scotch Presbytery . Then he soretells the Downfall of the Church of England , Notwithstanding their Sessions ( as he * speaks ) at the Devil to prevent it , and for the fulfilling of this his fatal Prephecy , he declares War against them , and bids them blame themselves for it , if another Invasion from Scotland prove as fatal to them now as it did in Bishop Laud's time ; and that the Godly Women will with their Folding-stools once mere arm against them as they did in King Charles I. time . This is a true Specimen of the Love and Charity that the Scotch Presbyterians have to the Church of England , and it 's but a little part of that Fire and Slaughter which our Author breaths out against them : Further yet he condemns all the orderly Churches in 〈◊〉 , for says he . All those who use Set Forms of Prayer are Strangers to the Power of Godliness . So that neither the Presbyterians themselves in Holland , nor in France , no nor in Geneva , must escape the Lash of our Scotch Reformers , until they be purified according to the Pattern in the Mount , the Covenant Standard . But that I may not rake any longer in this Dunghill , our Author is as far from Truth in the Points of History he relates , as his manner of Expression is from the Spirit of Meekness and Charity ; and his whole Discourse is as inconsistent with that , as his beloved Doctrine of Resistance , is with the Thirteenth Chapter to the Romans ; and that they who shall please next to draw their Pens against us who are already suffici●ntly persecuted by their hands , may find some Matter as well as Words to fill their Weekly Papers . I shall take leave of them in some few plain Queries . First , Considering the Great Charity which the Scotch Presbyterians have for the Church of England , as you have heard ; and their Intention of visiting them again ( which the Author has threatned ) as they did in the year 39. when Plate , Jewels , Money , Houshold-goods , Cattle and all Moveables were declared Malignants ; and they grew witty in their Zeal , and told , they came for all their Goods . And considering that they are more Numerous now than they were then ; and if they be establish'd by Law , will be much more Formidable , because all will be forc'd to joyn with them or suffer their utmost Persecution ; for they have declared Toleration to be A●tichristian . And considering that their Solemn League and Covenant obliges them to root out Episcopacy in England and Ireland , and never to desist till they have effected it . I say considering these things , and what they have formerly done upon the same Principles , Query whether the Settling Presbytery in Scotland be reconcilable to the Securing Episcopacy in England ? 2ly , Whether even King William can secure himself in the Monarchy against those who formerly refused to Dissolve at the King's Command in the Assembly of Glasgow in the year 38. who preach'd the Subjects into a furious Rebellion , and to the delivering up the King his Grandfather to be murdered , who by Act of their General Assembly in 48. declared his Negative Voice inconsistent with the Liberty of the Subject , and who since himself was made King , have risen twice in Arms , once to the number of some Thousands , who threw out the Episcopal Ministers by their own Authority ( which our Author says , was * Deservedly enough ) Beating , Wounding and Tormenting them . Another time a more formidable number in a hostile manner , made an Address to the Council , telling them , That they would not lay down their Arms till the Council had discharged all Judicatures to pronounce any Sentence in Favour of the Episcopal Ministers , which the Council was forc'd to do . Neither of which Matters of Fact this Author has remembered to answer , tho it was the Subject of the whole Book against which he wrote . To speak modestly , it seems to have no very good Aspect to the present Government , and it 's but a small A●gument of their Inclinations to live peaceable long under it , that they have voted King William out of the Supremacy of the Church , and that they have now so soon after usurp'd it to themselves , having already without his leave either ask'd or granted convened all at Edinburgh , and voted themselves into a free legal general Assembly , where they draw up daily Instructions for regulating the Parliament , and meet and adjourn at their own pleasure ; and in their Sermons before the present High Commissi●ner , my Lord Melvil , who is of their own Professi●n , they roundly tell his Grace , ( if that be not a Superstitious Arch-prelatical Title ) how he must build the Temple of the Lord , the Temple of the Lord , only by such true b'ue Israelites as can well Edisie , with the Truel in one Hand and the Sword in another , and that none of these Samaritans who are addicted to the Superstitions and Idol●tries of England , must be concerned in this thorough Reformation . By those Practices one may easily conjecture why they so scornfully reject the Act for establishing Presbytery offered by the late Commissioner . King William would likewise consider how many Thousands of them have and do own , That the Covenant ( which is again voted the Standard of all pure Religion ) is the Fundamental Contract 'twixt God , the King , and the People . And because K. C. 2. broke it , therefore they declared that he had fallen from his Right to the Crown ; and because K. I. 2. never took it , that therefore he had no Right to the Crown , and by publick Proclamations declared it lawful to kill them , and all who adhered to them ; and accordingly killed several of their Souldiers and Servants in this Quarrel . From all which the Query naturally arises , What Measure King William must expect if he will not take the Covenant ; and consequently Swear to root out Episcopacy in England . 3ly . Query , What Loyalty he can expect from those who think him to be an Idolater , as they think all to be who communicate according to the Church of England , whose Liturgy they call the Mass in English ? 4ly . Considering their Number in the North of Ireland , how easily they may carry their Covenant thither , and all its Consequences ? 5ly . What Danger there may be of it , even in England , whose Dissenters have already learned to pray for the Scotch Presbyterians as their Mother Church ? 6ly . Query , Whether it be fit for King William and the Parliament of Scotland , to set up those who think it a Sin to grant any Toleration , not only to Episcopacy , but to Anabaptists , Independents , or any but Presbytery ? Which the General Assembly declared to be a Sin , Anno 48. and Address'd to the Parliament of England to concur with them in doing the like . Lastly , Whether any Presbyterians , considering their late Practices and Demands , be more Moderate now than when they formerly invaded England without any Pretence , but their Obligations to the Covenant , and to reform the Kingdom of England according to that Model . FINIS . Notes, typically marginal, from the original text Notes for div A59425-e190 Fourth Article of Covenant . Notes for div A59425-e960 Vide. First Paper being a Declaration from the Prince . Vide. The Second Paper being a Proclamation from the Con●ention . Vide. The ●resbyterians Address to King Iames. In the Fourth Collection . Vide. The First Collection of some Papers , relating to the practice of the Rable before the Convention met . Vide. Summons left in every Parish by the Rabble in the first Collection of Paper . So the Lawyers there are called . Vide. First Proclamation Vide. The Second Collection of Papers relating to the practise of the Rabble and the Council after the Princes Declaration , &c. V. V● supra . Vide : The Paper containing the thanks of the Convention to the Rabble . in the Fourth Collection . Vide. Presbyterians Address to King Iames , in the Fourth Collection . Vide. A Proclamation from the Convention in the Fourth Collection . Vide. An Act of Council in the Fourth Collection . Vide. A Proclamation from the Convention in the Fourth Collection . Vide. Third Collection of Papers , containing the suffering● of those Min●sters who comply'd Vide. A Proclamation from the Convention in the Fourth Collection . * Dr. Strachan the Learned and Pious ●ro●essor of Divinity , and one of the Ministers at Edenburgh . Vide. A Proclamation from the Convention , and the Observation upon it , in the Fourth Collection . Vide. Proclamations anent the Miisters in the Fourth Collection . Vide. Summons to the Ministers of Kelso in the 4th Collection . Vide. Proclamation from the Convention . in the Fourth Collection . Vide. Third Collection of Parpers containing the suffering of those Ministers who comply'd . Vide. Presbvterians Address to K J. in the Fourth Collection . Vide. Third Collection of Papers containing the sufferings of those Ministers who comply'd . Notes for div A59425-e3460 Anno 1688. * i. e. Happened to them . * i. e. Parsonage House . * That is , leave his dwelling House . * Or the by-past years . This is the form of Summons left by the Rabble , in most of the Ministers Houses ejected by them . i. e. all the furniture . Notes for div A59425-e7420 * i. e. Major . * i. e. Parsonage House . Notes for div A59425-e8860 * i. e. Parsonage House . * i e. Parsonage House . Notes for div A59425-e10820 * As they call themselves . Notes for div A59425-e14900 * Page 30. * Page 8. † What Ground there is for this Asp●rsion , d●th not concern 〈◊〉 in Scotland , who still adhere to that our former Doctrine , for which we now chearfully Suffer . * Page 7. * Page 28. * Page 27. * Page 22. 
A61504	----	An accompt of Scotlands grievances by reason of the D. of Lauderdales ministrie humbly tendred to His Sacred Majesty. Stewart, James, Sir, 1635-1713. 1672 Approx. 127 KB of XML-encoded text transcribed from 35 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A61504 Wing S5532A ESTC R17495 12728013 ocm 12728013 66384 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61504) Transcribed from: (Early English Books Online ; image set 66384) Images scanned from microfilm: (Early English books, 1641-1700 ; 369:10, 2154:7) An accompt of Scotlands grievances by reason of the D. of Lauderdales ministrie humbly tendred to His Sacred Majesty. Stewart, James, Sir, 1635-1713. [10], 9-52 p. s.n., [Edinburgh : 1672] Attributed to Sir James Stewart. Cf. BM; Halkett & Laing (2nd ed.). Place and date of publication from Wing. Item at 369:10 has print missing in filmed copy. Pages 40-end of book photographed from Harvard University Libraries copy and inserted at the end. Errata note on p. 52. Item at 369:10 incorrectly identified as S5532, but matches description for S5532A. Reproduction of originasl in: Huntington Library and Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Lauderdale, John Maitland, -- Duke of, 1616-1682. Scotland -- History -- 1660-1688. 2005-05 TCP Assigned for keying and markup 2005-07 SPi Global Keyed and coded from ProQuest page images 2005-08 Jonathan Blaney Sampled and proofread 2005-08 Jonathan Blaney Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion AN ACCOMPT OF SCOTLANDS GRIEVANCES By reason of The D. of Lauderdales Ministrie , Humbly tendred To his sacred Majesty . TO THE KING SIR The following sheets , containing for the most part , the complaints of your people , against your Commissioner , doe so naturallie addresse themselves to your Ma tie . , that I could not deny them this inscription ; some may possiblie endeavour , to render the presumption more criminall , by censuring what is thus offered , by a concealed hand in a publick manner , for a libelling pamphlet : And truelie I am sorrie , that the mere iniquitie of the objectors , should force upon it so much of a disloyall resemblance ; but sieng that it advanceth nothing , which I might not avowedlie present to your Ma tie . , on your throne , and environed with both your Par lts . , nd athere own and Iustifie , in every point ; I am hopefull , that the truth and importance of what is here honestlie held forth , for your own and your kingdoms good , and not the partialitie of any whose interest it is to have abuses covered , shall incline you to a more favourable reflexion . I must also tell your Ma tie . that after the endeavours , that have been used , to inform in the more dutifull methods , what appears lesse civill in this ( that may be thought too communicative ) is neverthelesse excused by a very loyall expediencie ; for allbeit your Ma ties . goodnesse , be indeed the great comfort and hope of your people , and their loyaltie an impregnable defence , against all sinistruous suspicions ; yet this discoverie of some mens peculiar guilt in these strange doeings , wherein for their own safetie , they have dared to involve your Ma ties . authoritie , may both fortifie , by a generall concurrence , my weake enterprise , for your Ma ties . better information , and also signallie contribute to , the assistance and reliefe of dutie against too many obvious tentations . However as I am sure , that a successe in this essay , suitable to the sinceritie of the affection whence it flowes , is the most dutifull wish that any heart is capable of ; so , that your Ma tie . may be constantlie directed to those counsels and courses , that may render you the most glorious and blissed of all Princes , is and shall be ever the fervent prayer of SIR Your Ma ties . most humble , most obedient and most affection at subject ▪ When , in the year 1660. , it pleased God to restore his Ma tie . to these his kingdoms ; with how cordiall and universall a Joy this blessing was welcomed by Scotland , is almost still recent in every ones rememberance : Neither was this Joy a meer raptour of passion , or its demonstrations confined to transient expressions ; if his Ma tie . had done all for himselfe and us , which God did for both , the reall and solid retributions of our acknowledgement could hardlie have been more large . I shall not at present descend to a full enumeration of instances , the whole tenour of the greatest part of the Acts , past in Par lt in the years 61. and 62. , doe make but one entire evidence ; yet there are a few things which doe well deserve a more particular observation . As first , that upon occasion of our former troubles , and as if their cause and rise had only been from the peoples mutinie , takeing advantage of the defects or neglects of the regall power , that might have prevented it ; We did establish , both by Acts , oaths , and subscriptions , his Ma ties . prerogative , to be absolute and incontrollable , in the choice of all Officers of State , Councellors and Judges , and in and over all matters of peace , warr , leagues , bonds , meetings , conventions and Parliaments , with a distinct exclusion of all exceptions . It is true , that many did even then thinke this a streatch beyond what the frailties of men , and casualities of human affairs , can reasonablie allow , and that it is no lesse wisdom , to vaile the sacred heights of Sovereigntie under the shreine of an uncontroverted supposall ; then to expose them , by perremptorie determinations , to the cavillings of irresistible exigencies ; and therefor did preferr the moderation of our Ancestors , who notwithsstanding the frequent occurrence of many more violent provocations , yet did ever leave these points , in that fair indefinitnesse , which dutie doth allwayes construe to an universalitie , without interfeiring with the pretences of necessitie : But heavens extraordinarie favour , did at that time so second the constancie of our love to a Prince so long wished for , that our great persuasions of his singular enduements , without any regard to the peevish cautions of scrupulous prudence , were the only measures of our concessions , and therefor 2dly , our loyaltie did not here subsist , but notwithstanding that the foundest policie hath allwayes judged , the power in the Prince and purse with the people to be the justest ballance of government , yet we , forgetting all preceeding distresses , to testifie the aboundance of our affection by the rarest indication whereof our Nation is capable , doe francklie add to his Ma ties . revennue , above the double of what he formerlie possessed ; and doe netly grant him , by a voluntarie establishment , more , I am perswaded , then ever his benigne disposition would have exacted , upon an absolute surrender : And indeed this , our liberall offer , was , at that time , so rightlie esteemed the utmost of our abilitie , that , amongst other motives mentioned in the Act of Par lt . it is expresselie sett down , That his Majestie had signified his resolution not to raise any more Sess ; and yet how often , since that time , our benevolence hath by Commissioners been drawn forth , beyond our power , upon pretext of his Ma ties . occasions ; the taxations and assessements that have been imposed on us , within these few years , doe planlie witnesse , But 3dly , so exuberant were the propensions of our hearts toward his Ma tie . , that , as if all this subjection professed and liberalitie offered , had been farr short of dutie , we further , by an Act entituled , An humble tender to his sacred Ma tie . of the dutie and loyaltie of his antient kingdom of Scotland , mancipat our very liberties and persons to his Ma ties . devotion and service ; and doe thereby in acknowledgment of our dutie , make humble and heartie offer to him of 20000. footmen and 2000. horsemen , sufficientlie armed , and furnished with fourtie dayes provision , to be in readinesse upon his Ma ties . call , for the ends there mentioned : And by the same Act the Par lt . doth declare , that if his Ma tie . should have further use of their service , the kingdom would be readie ; every man betwixt sixtie and sixteen , to join and hazard their lives and fortunes , as they shall be called for by his Ma tie . , for the safetie and preservation of his sacred person , authoritie , and government . 4thly , That there might be nothing wanting to these ample expressions of our loyaltie , the Par lt . by another Act , in dutifull and humble recognizance of his Ma ties . prerogative royall , doth declare , that the ordering and disposeall of Trade with forraigne nations , and the laying of restraints and impositions upon forraigne imported commodities , doe belong to his Ma tie . and his successors , as an undoubted priviledge and prerogative of the Crown , and that therefor they may doe therein as they shall judge fit for the good of the kingdom . 5thlie , That it might appear to the world , that we placed the securitie of all our interests , more in our confidence of his Ma ties . goodnes , then upon the firmest provision of the best laws ; although the Par lt . 1641. was held by his Ma ties . Father of glorious memorie present in person , and many Acts were there passed and superscribed by him , for the setling of our religion , and liberties , with all the maturitie of judgement , that long and well weighed experience , many and well mannaged treaties , and Englands mediation , could furnish ; Yet , because their lustre seemed to be a litle stained , by the ingratefull remembrance of some previous contentions , wherein it was our misfortune to have his late Ma tie . differing from us , we , at one blow , annull that Par lt . , and without other reason or distinction rescind all its proceedings . 6thly and lastly , That , for to evidence our unparalelled submission , and resignation unto his Ma ties . pleasure , and how that , according to the usuall phrase of that time , all that was dearest to us was to him surrendered ; notwithstanding , that the Nation since its first reformation from Poprie , had almost continuallie opposed Prelacie , and after haveing ejected it , with the severest exclusions , had for many years enjoyed a Church-constitution and ministrie , which at least was highlie commendable , for its advanceing of true knowledge and pietie , and in the worst of times did prove the surest bullworke of Monarchie : Yet , out of meer complyance with his Ma ties . will , our Par lt . doth consent and the people silentlie acquiesce , to Presbyteries unexspected overthrow , and Prelacies reestablishment ; not that the ruines of what the most part did esteem to be the labour of their Fathers , and worke of God , were at that time unconcernedlie regarded , or the consequences of this alteration , which have since ensued , in the least unforseen ; but in a word , to a King so acceptable to us , and to whom we had alreadie given all things , we could refuse nothing . These and other arguments , that then occurred , of the sinceritie and satisfaction of our joy , for his Ma ties . return , being considered , I thinke that passage Ps . 126. , was not of old more truelie said by those concerned , then vve may now directlie and without paraphrase transferr it to our selves , viz That when the Lord turned again our captivitie we were like them that dream then was our mouth filled with laughter and our tongue with singing &c. But haveing said eneough of these things , by way of introduction , both for cleering of some particulars , that will hereafter fall in my way , and also for obviating any mistake , that can possiblie arise , in prejudice of the countrey , upon the matters that have been lately agitat among us ; I need not use any long deduction of the intervenient changes , to lead us unto the present posture of our affairs . The Earle of Midleton was first honoured , with his Ma ties . Commission , ad did therein bestirr himselfe very vigorouslie , but overhastning , and overpryseing his worke , he soon rendered himselfe obnoxious ; so that upon the mutuall jealousies betwixt him and the Duke , then Earle , of Lauderdaill , the Earle of Midleton , in his passion mistakeing the method of billetting , for that of open voteing , and in a more justifiable presentment , then righteous judgement , causing My L o. Lauderdaill to be sentenced incapable of publick trust ; Lauderdaill getteth the advantage ; and manageing it at Court , by a base insinuation of Earle Midletons generous disdain of his unworthie practices , in a short time he prevails to Midletons overthrow , and , as the course lesse invidious , obtains his Commission to be transferred to the Earle of Rothesse , whom he accompanies , from Court to this kingdom , for concludeing thatar P lt . And in this last Session thereof it vvas , that the Act and humble tender above mentioned , vvas passed vvith that exorbitant clause , offering the forces therein condescended on , to be in readinesse , as they shall be called for by his Ma tie . , to march to any part of his Dominions of Scotland , England , or Ireland , for suppressing of any forraign invasion , intestin trouble , or insurrection , or for any other service , wherein his Ma ties . honour , authoritie , or greatnesse may be concerned . Which , though at that time it was lookt upon , by some , as superfluouslie expresse , and suspiciouslie distinct ( a generall offer , being a more aggrieable signification of dutie , and a limitation to Scotland , more proper to a Parliaments prudence ) Yet the stile and humour of those times , did easilie exempt it from particular notice : But what My L o. Lauderdaill , it s principall contryver , did thereby intend , time , the best revealer of secret designes , hath since sufficientlie discovered . This Par lt . being dissolved , our new triumphant Church ( a qualitie , which no Church on earth , did ever evenlie bear ) came next upon the stage , and being fullie authorised by the laws latelie made , and then also armed with their High Commission , they go on , in the years 1664. 65. and 66. with their dear and important conformitie , at so christian a rate , that I verily believe , that all men , except a few of our laborious and indefatigable ghostlie fathers , were perfectlie thereby tyred out : what prancks were plaid , tumults excited , and tragedies acted , in these years , by our reverend Clergie , as if aemulous of that Presbyterian zeal , which they use so hotlie to decry , needs not here be repeated : My L o. Lauderdaill himselfe , though at that time our sole Minister , was , in appearance , so overcome , and born down by them , to a desperate indifferencie , that , in probabilitie , if the Earle of Tweddell and S r. Robert Murray , had not come in for his admonition , and our reliefe , the land might have been reduced to the greatest extremities . But they , having then the honour of his favour , and thereby , accesse to represent things in their true state , became the happie instruments of a very seasonable deliverance , and afterwards of a more expedient indulgence ; whereby the Countrey was very sensiblie refreshed , and a great part of its disquiets composed : And this was the condition of our affairs , when unluckilie , in the year 1669. My L o. Lauderdaill , falling into an itch of Grace , and thirsting for a little of that Glory , whereof he had long swayed the Power , procures a new Par lt . to be called , and himselfe thereto named Commissioner : Now , it being from the date of this Commission , that we may trulie calculate the rise of most of our late mischiefs , it will not be amisse , that , in the first place , I summarylie runn over the occasion , and continuing of this Par lt . and thereby make way to their more cohaerent representation ; & , it is notoriously known , that , the pretence made for its assembling , was the notion of an Union betwixt the two Kingdoms ; but the matter being of great moment , our procedure must also be very flow paced , and therefore , during all the first Session , which continued from the 19. of Oct r. unto the 23. of Dec r. , all done about it was onely the Parliaments answer to his Ma ties . letter : But the truth is , the honour , power , and profit of the place of Kings Commissioner , being once tasted , did prove by farr the more tempting ; and therefore the Par lt . must be continued , for prosecution of the thing , in a second Session , which was accordinglie held , from the 28. of July unto the 22. of Agust 1670 , and therein the Commission for the treatie , is , in litle more than an hour , expedited to such persons , as it should please his Ma tie to nominate , or rather My L o. Lauderdaill to suggest ; But , allbeit that , within a very short space thereafter , this whole project was marred , and its design dissipated like a vapour ; yet our Par lt . and his Graces Commission were still kept current , untill that very happilie the warr , which he had helped to bring on , gives him a new colour , for a third Session in the Year 1672. and thereby , occasion to honour us , with a third visit . At the opening of this Session , his Ma ties letters are read , intimating the warr to be the cause of their meeting ; but withall stuffed , with such hyperbolicall commendations of My L o. Commissioners Grace , that I am charitable to think , that neither his presumption vvould have served him to move his Ma tie to such things , nor , even his modestie have consented , that the like should be said of him , if it had not been a designed gallantrie for his new amiable Dutchesse , who , by a novell practice , had her place prepared , and was there present : and certainlie it is to the same reason , that we must ascribe his breaking up of this Session in the midle , for leading of her Grace , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 about the Countrey , for severall weeks ; the members of Par lt . , being left to attend their return : & so after the close of this Session , which did dure from the 12. of June unto the 19. of Septr . , he goes back again to Court , without any mention of a dissolution ; which neverthelesse in his particular , happened well : for finding that matters in England begun to frown , and that in the summer 1673 , the clouds thickned exceedinglie , even to the threatning of an inevitable eruption , at the ensueing meeting or their Par lt . ; If Scotland , formerlie the theatre of his glory , had not novv presented , as a convenient retreat , he might have been in great perplexitie : and therefore , for a fourth time , dovvn he must come , onely the pretence vvas not so obvious , yet the vvarr not ended , and the disorders of the Phanaticks , that have served many a turn , are judged sufficient matter for a letter , wherein his Ma tie recommending first the securitie of the kingdom , and next , the severe chastisement of non-conforming disorders , concludes with many good words in behalf of his Grace in the usuall manner : but the 12. of No vr . the day of the meeting of Par lt . being come , after the reading of his Ma ties . letter , and a short speech made by the Commissioner , he is greatly surprized , to hear a discourse of grievances begun by Duke Hamiltoun , and seconded vehemently from every quarter , so that he had no way to extricate himself ; but by a short adjournment : and thus , from that day to the 9 th . of Dec r , keeping only five meetings or Par lt . , he , on the one hand , endeavours by redressing the grievances of the Salt , Brandy and Tobacco , caballing with his few adhaerers , and insinuating with some of his opposits , to appease matters ; and , on the other , he fights and wrestles , with pretences of his Ma ties prerogative , and abrupt adjournments , to stave off more touching complaints ; untill , perceiving all his ground to be lost , he is at length necessitated to deliver himselfe by one long adjournment for all , and to wait for a more favourable opportunitie , from the issue of things then in dependence in England : but notwithstanding , that all things , both at Court , and concerning the English Par lt . , have succeeded to his very wish , and that in this interim , he hath omitted nothing at home or abroad , which might dispose affairs to a more propitious aspect ; yet when the meeting of our Par lt . recurrs , on the 3 d. of March , he again , by his Ma ties . expresse command , chuses to adjourn it unto the 14. of Oct r. next , to the unexpressible surprise , and dissatisfaction of both Par lt . and people . Having thus dispatched the narrative of our Par lt . and its Sessions ; for the better understanding of the causes , that have occasioned our discontents , and increased them unto the present distemper , it may be remembred , that , after that the Earle of Midleton was laid aside , the whole mannagement of our affairs , at Court , was devolved upon My Lo. Laud. , as sole Secretarie , for this kingdom , neither can it be accounted an imposing , by any knowing person , to affirm , that he did no lesse absolutelie exercise it . His Ma ties long absence from our Countrey , and his necessarie unacquaintednesse , by reason thereof , both with persons and the condition of matters amongst us , do certainlie extend , and raise this employment to the greatest and highest trust : But My Lo. Lauderdaill , according to his noble selfe confidence , apprehending more the controul of other mens officious medlings , than the least possibilitie of his own mistaking , did further improve the thing , by the particular care and caution that he took , to have himselfe his Ma ties sole Informer as well as his sole Secretarie ; and therefore , not onely upon the pretence of his Ma ties prerogative , were our matters , for the most part , disposed of above , without any previous advice of his Ma ties Councell in Scotland ; but strict notice was also taken of all Scotchmen coming to Court ; and to attempt an addresse , or accesse to his Ma tie . , otherwise then by My Lo. Lauderdaill , was , no lesse , than the hazard of his implacable resentment . I need not here mention his supine , or rather designed , neglect of introduceing Scotchmen to offices about Court ; it is obvious to every one , that even those vacancies , happening by the death of Scotchmen , were there , through his fault , discontinued from the nation : it was also his studie and work , as he hath often publicklie boasted , to have the Court Councell for Scotch businesse , upon pretext that it consisted of Englishmen , disused and suppressed : But as it is evident , that he did draw to himselfe the whole significancie of our Nation in England , meerlie for the augmenting of his own value , so it is no lesse clear that he ordered all things amongst us at his own pleasure . Thus , from himselfe alone , Privie Councellors are named , Lords of Session and Exchecquer placed and removed , gifts and pensions granted , Armies levied , and disbanded , Generall Officers appointed , this Par lt . called , and all other matters of importance transacted , as he thought good to advise and direct : And the truth is , that for severall years , the thing was quietlie comported with , forasmuch as , we did not onely consider that the present state and circumstances of our government , did someway oblige us to this condition ; but did also find , that so long as Chancellor Hyde did force My Lo. Lauderdaill to consult , more his prudence , then his humour , his administration , though too absolute , was yet not altogether unreasonable : But , this restraint being once removed , and his ambition left at libertie to swell with his prosperitie , what strange and grievous effects it hath since produced , especiallie after his riseing to be his Ma ties Commissioner , the plain history of things , without the perswasions of any other argument , will best evince ; and because that the order observed , or intended in Par lt . , will probablie give most satisfaction , it shall also be the rule of our method . The first , and great grievance then , mentioned in Parlt . , was the monopolie of the Salt , which being by My Lo. Lauderdaill procured , to the Earle of Kincaerden his friend , by his Ma ties gift , allowing the praeemption of Inland and prohibition Forraign salt , was worth to the interessed more then 4000 lb. st . yearlie ; but not onely with twice as great a diminution of his Ma ties . revennue , but to the generall and heavie distresse of the whole countrey ; it being most certain , that the nation was thereby reduced to those straits , that in many places , the poor people were necessitated , to send severall miles to the sea , for salt water , to supplie their indigence ; and in other places were constrained , to give 18. or 20. shillings st . for the same quantitie of salt , which , before the granting of this Gift , they used to buy for 3 sh . and 6. d. or 4. sh . ; so that in effect the clamours of the people were ready to break out into uproars and tumults . Which grievance is so much the more chargeable upon My Lo. Lauderdaill , because that when his Ma ties chief Officers , perceiving that the first design of this Salt-project could not take , and that the consequences of this gift would be very hurtfull , did by their letter give full information to the Court of the prejudices and dangers , likelie to ensue upon it , in stead of prevailing , they vvere rather chid and menaced for being so officious . The second grievance vvas , that of the Brandy-wine , vvhich vvas thus occasioned ; in the Par lt . 1663. there was an Act made , prohibiting the importation of strong vvaters , and so of brandy-vvine ; vvhereupon , in the year 1672. , My Lo. Lauderdaill obtains for the L. Elphinston , vvho had married his Niece , a gift of this prohibition , and of the seizures , that should be made upon it ; but the contrivance vvas not to render the lavv effectuall , but indeed to circumvene it ; for the Patentees advantage ; who , in place of hindering the import , did give to the Merchants licenses upon composition , at the rate of 15. or 16. lb. st . per tunn , vvhich vvould have amounted to at least 30,00 . lb. st . yearlie ; and hereby vast quanties vvere imported , vvithout the payment of either Custom or Excise , and yet vented again in the Countrey at excessive prices . The third grievance was a gift of 2 ½ d. per pound upon all tobacco imported ; this gift was granted in the year 1673. to Sr. John Nicolson for himselfe and some other of My Lo. Lauderdails friends , who were his partakers , whereby they should have made a considerable benefit , but with the dammage of , at least , two or three thousand pounds st . yearlie to his Ma ties treasurie , and the great extortion of the people . These were my Lo. Lauderdails wise and faithfull improvements of his Ma ties . prerogative in the matter of Trade , which he was so instrumentall to have declared , and indeed are perversions , so palpablie grosse , that comparing events with their causes , a man may find great reason to doubt whether My Lo. Lauderdaill did not intend these very abuses , as much in the framing , as in the violating of , these laws : and yet when they came to be complained of in Par lt . , what opposition , and indignation he shewed , even to the straining of his Ma ties sacred authoritie , in its most tender and delicate part , many hundreds can testifie ; neither can it be alleadged that the things were first moved in Par lt . , not for a redresse from My Lo : Commissioner , but in order to A representation desired to have been made to his Ma tie . Because that , first they being so enormous , and yet instances onely , and not the whole of our grievances , a representation to the king , was not more necessarie for an adequate remedie , then for future prevention . Next , the matter of the Salt had been alreadie fullie remonstrated to his Ma tie by his Officers of State , and by My Lo. Laud. procurement , a sharp rebuke , in stead of a gracious reliefe , was all the return , as I have allreadie marked . But lastly , it is most probable by all circumstances , that if it had not been from the fear , and for the diverting of this representation , My Lo. Lauderdaill , in place of hearkning to a redresse , had , according to the inflexible constancie of his great soul , in the royall spirit of Pharaoh , and with the brave Politick of Rehoboams young huffes , answered these turbulent murmurers , you are idle , you are idle , your yoke is heavie , but I will add thereto . However necessitie , at this time , prevailing , these three burdens are removed , to the peoples great comfort , and his Majesties considerable advantage . But here it is that we are to remark , that the thing wherein his Grace did find himselfe mostly concerned , was the proposall made , as I have touched , that his Ma tie should be by his Parlt . immediatlie informed of the true state and condition of the kingdom ; and indeed his Grace was thereby so hotlie allaram'd , that litle more libertie of speech was allowed , or order observed ; but immediatlie his Ma ties prerogative is pretended , that nothing ought to be moved in Par lt . except by the Lords of the Articles , that to them complaints and overtures should be first made , and , if by their vote thrown out , they should proceed no further , and therefore , not onely were all motions offered in plene Par lt . checkt and interrupted with this common answer , to the Articles , but the Par lt . was certified by his Grace , that if they should all agree to have grievances otherwise treated , and considered , he would interpose and hinder it by his great negative . Now , because , that this pretence of the priviledge of the Lords of the Articles , was justlie lookt upon by all considering men , as a virtuall subversion of the power and libertie of Par lts . , alike prejudiciall , both to his Ma tie and the kingdom , it may be observed , First , that this meeting of the Articles , by its last establishment , consists of eight Bishops , chosen by the Lords , eight Lords , chosen by the Bishops , and eight Commissioners of Shires , and eight Burgesses , chosen by the eight Prelats , and eight Lords , first elected , jointlie to which were added by the Commissioner the Officers of State. Secondly , That in the contending for the power of this meeting , it was asserted , that not onely all businesse must be by the Lords of the Articles , and by them onely , tabled in Parl t. , but that , if in the debates upon their reports any new thing should be started , the Par lt . ought not to take notice of it , further , then to return the whole matter to the meeting of the Articles , to be there entertained or supressed at their pleasure . Thirdly , That it is manifest from all our Records , that the rise and constitution of this meeting , vvas at first by the free appointment of our Par lts . , vvho thought fitt to name certain of their number , for framing such overtures as vvere offered for the publik good , into Articles to be enacted for lavvs according to the ancient form ; and therefore , it being at first devised by the Par lt . , as a simple expedient for order and dispatch , it vvas also , both inconstant in its being ▪ and variant in its number and method , according as the Par lt . did see cause . Fourthly , That as this meeting was in effect the Committee of the Par lt . , for preparing laws ; so it is very well known , that there was another , more ancient , meeting ordained by the Par lt . and called , Domini ad querelas or ( if you will ) the Committee of Grievances , which having continued in all times , was onely disused in the 2 d. Session of the Par lt . 1661. , to the effect that private affairs , which in the first Session of that Par lt . , when our ordinarie Courts were not set down , had taken too great a current that way , might , after their restitution , return more easilie to their proper channels . Fifthly , That the Act of Par lt . K. I. 6th appointing four of every Estate , to meet 20. days before the Par lt . to receive all articles and supplications , and deliver them to the Clerk of Register , to be by him presented , to the persons of the Estates , to be considered by them , to the effect , that things reasonable , may be formallie made and presented to the Lords of the Articles , in the Par lt . time , & frivolous matters rejected ; Doth no vvays countenance this exorbitant power of the Lords of the Articles , it being manifest , by the order therein sett down of preparing matters by a previous meeting , and their subsequent forming , and presenting , by the three Estates , to the Articles , that the Par lts . povver of first receiving , and then committing , matters to that meeting , vvas not , at that time , so much as the subject of the question . But , the onely thing intended , vvas the orderlie tableing of things in Par lt . as is yet further apparent , by vvhat is there subjoined viz. that no Article or supplication wanting a speciall title or unsubscribed by the presenter shall be read or answered in that Convention ( to vvit of the four of every Estate ) or the Par lt . following the same . Which is a provision , so cleerlie preparatorie , to the meeting and vvork of the Lords of the Articles , that it is indeed strange , hovv men could have the confidence , to obtrude this Act , even to his Ma tie , for proveing their pretended prerogative of the meeting of the Articles over the Parlt . , which , I darre affirm , did never before this time , enter in the imagination either of King or Par lt . since they were knovvn in this nation . Sixthly , That in the Par lt . 1663. , vvhere My Lo. Laud , s. influence vvas very eminent and signall , there vvas a particular Act made , for setling the constitution and choising of Lords of the Articles in all time thereafter whereby it is expresslie provided , that the Lords of the Articles are to proceed , in the discharge of their trust , in preparing of Laws , Acts , and overtures , and ordering of all things remitted to them by the Par lt . , & in doing every thing else , &c. Which words remitted to them do , in their obvious construction , and most received signification among us , very evidentlie suppose , and hold forth , the povver , and use , of proposing to be in the body of the Par lt . , and that the Lords of the Articles are to act upon their references , as their Committee . Which arguments , being well perpended , and the unanimous suffrage of reason , law and sense , that doe plainlie say , that no Court can or ought to be cypherized by its own delegates , being thereto added ; I think I may , without difficultie , affirm , that his Grace by attributing to the Articles this praeeminence , and superintendence over the Par lt . , and thereby depriving it of its just libertie , did directlie impugn , and highlie derogate from its authoritie and dignitie ; and so became guiltie of a greater grievance , then any of those , which he laboured to avoid . It s true he wanted not cogent enough motives , for what he did ; he saw , in the first place , that the meeting of the Articles , ( whereof he supposed , that his former care , with the obsequiousnesse of the Bishops , would gain him the pluralitie ) was his onely refuge , from the terrour that he became to himselfe in the apprehension , that otherwise his actings might come to be trulie discovered by a faithfull Par lt . to a gracious Prince : And next , the Par lt . had , out of their exceeding tendernesse of dutie to his Ma tie , testified , in their preceeding sessions , so much complyance with all his humours , as well as deference to his character , that he had fullie assured his ambition of their eternall submission ; neither was this assurance a groundlesse flatterie , for he knew , that he had put the matter to the proof , upon severall occasions , as first , when upon a vacancie falling out in the meeting of the Articles , the Par lt . did allow him to supplie it by his nomination . 2dly , when contrarie to the received custom ( & yet without contradiction ) he caused exclude from being present at the meetings of the Articles , all such members , as were not thereto named , to the effect , as it is probable , that the body of the Par lt . , being lesse prepared , might the more implicitlie go along withall their conclusions ▪ and 3dly . vvhen in the 3d. session of this Par lt . , upon an overture made by a member , in the debate about the sumptuarie act , that the summer session might be taken avvay , he passionatelie blustered out , that , for that very presumption the thing ●hould not be done so long as he was Commissioner , vvith many other foolish words to this effect : Yet in all these he was tamelie born with . But , albeit these things may possiblie excuse his being so untractable to free reasoning , with which he had been so litle acquainted ; yet it remains still a matter of just wonder , that , at least , the interest of his Ma ties authoritie , visiblie exposed by such an intollerable stretch , did not oblige him to a better behaviour , in so concerning a contest : For as much as , it is evident , that if the prudence and loyaltie of the Par lt . had not restrained , nothing else could have retrived the prerogative , from the inconvenience of this hard dilemma , either of being subjected to a necessarie regulation , or of being the occasion of a seeming breach betwixt the King and his people . But the Par lt . , being resolved to decline that point , with their utmost circumspection , chused rather to maintain their possession , by an uneasie exercise , then to assert their right with the smallest umbrage of offence , not doubting , but that his Ma tie would , in due time , determin the controversie to their satisfaction . And therefore , leaving it , as it stands , I shall again return to my main work , and prosecute our grievances , in such order as the members of Parl t. found accesse to move them in : onely , seeing that their endeavours had no better successe , than to provoke his Grace to break up this fourth Session , with a two moneths adjournment , I shall here handle them more fullie then they were there spoke to . The fourth grievance then is , the corruption of our Mint and Coinage , whereof My L. Hatton the D. of Laud s. brother is Generall ; this complaint was grounded in the universall clamour of the people ; vvho have found , for these severall years , that the intrinsick value of our silver coin is sensiblie diminished , both in its vveight and finenesse , to the nations great damage , and dishonour ; beside it doth add to the resentment , that the same L. Hatton having , some years ago , filled the Countrey , with a light copper coin , without observing , either the quantitie , or the weight and value prescribed , was neverthelesse by My L. Laud s. means , secured and indemnified : It is also remembered , that the better to enable him to this depravation of our silver coin , the Dutch dollars , called the legg dollars , usuallie imported by our merchants , and current amongst us at 58.d . per piece , were cryed down by the D. of Laud s. procurement , to 56.d . for no better reason known , than that they might be brought in for bullion , to the mint-house , for his brothers benefit : But though , that all demanded in Par lt . about this matter was , that there might be an examination of the coin appointed , and an account given of the bullion , which hath been long neglected ; yet the memoriall given in for that effect , was not regarded : It is true that My L. Laud. , after the Dec r. adjournment of the Par lt . , did move his Ma tie to vvrite a letter , and thereupon bring the businesse to a tryall , before the Councell ; but in a manner so partiall , that I professe it is my admiration , hovv any man should have a confidence strong enough for such practices . The subject of our complaint is the stock of our current money , and all appointed by his Ma ties letter , is , that there should be a tryall made upon the Essay boxe , and the pieces therein contained . I shall not say , that the oversight thereof hath been altogether in My L. Hattons ovvn povver and trust these years by past , yet so certain it is , that this box or pixis hath been of late so greatly neglected , that one of My Lo. Commissioners friends , appointed for the examen , could not forbear to say , that they were mett to see whether the Officers of the Mint were as much fools as they were suspected to be knaves , but notvv●h●tanding this the tryall goes on , and moreover the pieces are not brough● to the essay severallie , but the whole ( with what mixture of fyner pieces coined and conveyed in on purpose , to compense the baser , who can tell ) is melted down together in one masse , and thereupon the essay made , and the report thereof , with some small lignots , sent up to the King ; which proving ( to be sure ) according to the designe of the contryvance , his Ma tie within these few days , sends down a second letter to the Councell , signifying his satisfaction , and willing Hatton and the rest of the Officers to be exonerated : But when this letter is read , it is opposed that the grievance of the Mint had been tabled in Par lt . , where the tryall should also be issued , that his Ma ties first letter did onely order a tryall to be made of the essay boxe , which if either falsified , or otherwise eluded , could not be a ground of release to the Mint-Officers , so long as it was manifest , that almost the whole of the current coin is defective and debased ; and lastly , there was offered , a bagg of money latelie received out of the mint Office , sealed with the Officers seals , which they could not but still acknowledge , and it was desired that there might be a tryall made on the species therein contained . Notwithstanding all which , My L. Commissioner , and the pluralitie of the Councell , proceed and vote an exoneration , conform to his Ma ties last letter . Now is not this a noble way of redressing grievances , to purge the Author , and leave the thing untouched ? nay to make the greatest aggravation that can be of his failing , viz. the corrupting or frustrating of the checque , the best ground of his cleering , and all this contrarie to the reclaiming evidence , of almost , as many witnesses , as there are pieces of his Ma ties coin minted in Scotland ; it being certain that amongst hundreds that have been tryed , very few have been reported to be , standard . The fifth , is the filling of our Courts of judicatorie especiallie our Session ( which is the supream for administration of justice ) with ignorant and insufficient men : This is a grievance so notorious that I am sorrie , that it leaves me not so much as ; the shadow of a complement , in forbearing to name the persons ; S r. Andrew Ramsey , one of the four latelie brought in by My L. Laud. , being questioned in Par lt . ( as we shall hear ) did voluntarilie demitt in his Graces hands ; and yet I am assured that I neither favour him , nor wrong the other three , when I give him the preference both as to parts and knowledge . But the evill doth not here subsist ; it s more afflicting progresse is , that in effect My L. Lauderdails all-swaying power , his brothers headines , and other mens basenesse , have introduced that partialitie , both in the Session and other Courts , that , the very foundations of law and right , are like to be shaken ; as was readie to have been instanced in Par lt . , in severall late decisions , prepared for seconding the memoriall given in for a tryall of this matter : And this was also the cause of another overture then thought upon , and since moved to his Ma tie , viz. that there should be a methodical digestion of our laws , and that the rules of judgement should be rendred more fixed and certain ▪ but in place of a remedie , these things were all adjourned with the Par lt . , & since their breaking up , new practices have been used , to make the case more desperate : For there being , in Februarie last a sentence interlocuture pronounced by the Lords of Session , in an action betwixt the E. of Dumfermling and L. Amond , the L. Amond , finding himselfe thereby grieved , thought good to protest , and appeal to the King and Par lt : but My L. Commissioner looking on this as a noveltie ( albeit it wanted not presidents , and that even his Graces Father , who was himselfe a Lord of the Session did more , in appealing from the Session to the King onely ) lays hold on the occasion , and ( as its like ) as well to ingratiate with the Lords , as to reach some Lawyers who had displeased him , the Lords are by him moved to write to the King , complaining of the thing , as contrarie to severall Acts of Par lt . , and of dangerous consequence ; to which an answer is as quicklie returned , signifying his Ma ties displeasure against it , and ordering the Lords to enquire , by My L. Amond and his Advocates their oaths , who were its contryvers : But when the businesse comes to be examined , My L. Amond owns the Appeal , and adheres to it in the sense wherein his Advocates , by a resolution under their hands , had affirmed it to be justifiable , viz. that , although by Acts of Par lt . , there did ly no such appeall from the Lords , as could stopp their proceedings , or the execution of their sentences ; yet seing the Par lt . was the absolute soveraign Court of the kingdom , and hath somtimes upon complaint rescinded the Lords their decreets , an appeal by way of protestation , to relieve the appellant of the prejudice of a constructive acquiescence , might be lawfullie made from the Lords to the King and Par lt . and that this they conceived themselvs bound to assert , lest they should contraveen the law , that forbiddeth all men , under the pain of treason , to impugn the supream authoritie of the Par lt . But albeit both his Ma ties Advocate and others of the Bench gave their opinion , that an appeal in this sense , is not against law , and none of the rest did or can assert the contrarie ; Yet My L. Commissioner still pousseth on , and will have My L. Amonds Advocats to depose upon oath , about its contryvance , whereupon the Advocates do , on the other hand , answer as positivlie , that the appeal being owned by My L. Amond , and offered by them to be justified , there was no more subject of inquisition ; that his Ma ties letter did suppose the thing to be unlawfull , and no man was bound , in a matter of that consequence , to give oath against himselfe ; that , by an expresse law , men should not be required to give oath super inquirendis ; and lastly , that by their oath , as Advocates , they were bound not to reveal the secrets of their Clients , whereunto the oath demanded seemed to tend . And to this last point the whole body of the Advocates do Join , and declare their concurrence . But notwithstanding these answers , the Lords , refusing to transmit the Advocates reasons , write up a second letter , acquainting the King with their denyall . In which heats and disputes , unnecessarilie drawn on , by My L. Commissioners straining humours , about the authoritie both of King , Par lt . and Lords of Session , and after a second appeal made in the same manner , the Lords , according to their usuall dyet , breake up untill the first of June , whether to the increasing , or abating the grievance here mentioned , I leave it to others to Judge , and to time to determin . The sixth grievance is generall gifts of his Ma ties casualities such as the generall gift of Wards and Marriages to the Earle of Kincaerden , contrarie to expresse Acts of Par lt . , and to his Ma ties great prejudice , and the vexation or his subjects : For these casualties , being of an undetermined extent , as uncertain as the death of Vassals , and ordinarilie attended vvith many circumstances , vvhereof his Ma ties equitie and goodnesse can onely best arbitrate ; the reason both of the lavv , and also of his Ma ties . and his subjects their interest , against all such gifts , is abundantlie obvious . Neither is the aggravation , arising from the persons , the procurer , and the purchaser , lesse considerable ; the D. of Laud , and Earle of Kincaerden are , both of them , Commissioners of his Ma ties Treasurie , and also extraornarie Lords of the Session , so that being doublie obliged , by these two great and honourable trusts , equallie to intend his Ma ties advantage , and the observation or his laws , their delinquencie in this point , cannot but be accounted a high misdemeanor ; vvhich to excuse , by saying , that , notvvithstanding the gift , no action hath been thereon founded , but all proceedings carried on in his Ma ties name , and by his Officers , after the usuall form ; vvhen in the mean time , My L. Kincaerden doth treat , and compound , and takes up the profits of all sentences , vvhat is it else save to acknovvlegde a transgression of the sense , in the manifest circumvention of the vvords , of the lavv : Is is true that this gift is not the first of this nature that hath been granted : Immediatlie after his Ma ties return My L. Lauderdaill and others got a gift of all preceeding casualities , and the Earle of Kincaerden , had also a prior gift for three years , whereof this is onely a prorogation , by vertue of all which many thousands of pounds have been very rigorouslie exacted : but seing , there can be hardlie any thing more unreasonable , then to pretend a priviledge in evill from mens forbearance , it is evident that these things , do onely render the grievance exceedinglie more grievous . These three last grievances , having been moved in Par lt . , immediatlie before its Dec r. adjournment , before I passe to other things that were not moved , I shall brieflie narrate two other passages , that were thought also to influence it . The first shall be of one M r. Paterson Dean or Edenburgh ; this man , after the first conflict in Parlt . about a representation , to be made to his Ma tie . , preaching before the Commissioner , was pleased to tell his auditors , that somtimes God for the sins of a people would raise up a fawning Absalom to flatter , and kisse them , and to steal away their hearts , by bemoaning their grievances , and saying that their matters were good and right , but there was no man deputed of the King to hear them , untill at length a Sheba the son of Bichri , should arise to sound the trumpet of rebellion and say , We have no part in David , &c. with many moe words to this purpose ; which discourse , by all its circumstances , carrying an intollerable reflexion upon some members of Par lt . , and that so obviouslie , that notwithstanding that Mr. Paterson did swear , that he thereby intended no particular person , yet , unlesse they had been inspired , it was impossible not to think them designed ; there is thereupon a complaint exhibited , craving that Mr. Paterson might be called to account for such seditious speeches ; This the Commissioner would at first have waved , and then , finding that it was like to be warmlie pressed , he agrees , that the examination be committed to the Lords of the Clergie , but although a competent time was given them , and their report often demanded , yet it was still declined and delayed without any issue . The second shall be about Sr. Andrew Ramsey , This man having been Proveist of Edenburgh under Oliver , and complyed with him to the height of being Knighted , and thereafter getting himselfe reknighted and reentred Proveist by the E. of Midletons favour , upon his disgrace , very quicklie strikes in with My L. Laud. , with whom and the tradesmen of Edenburgh , he by his long-practised arts , of flatterie , and briberie , did so mightilie prevail , that after having been ten years Proveist , and in that time domineered over the Citie , and enriched himselfe by their rents and moneys at his pleasure , he dreamed of nothing lesse , then a perpetuall dictatorship : What kind deallings , during these years , were betwixt My Lo. Laud. and him is sufficientle known , the office of Proveist which never had before either fee or salarie , yet now by My L. Laud , s. procurement in behalfe of his favourit , hath a pension of 200. lb. st . yearlie , annexed to it . 2dly . the Militia , being established , the Proveist is made Collonell , and his son Major , of Edenburgh regiment , and with a 100. lb. st . to the Major of yearlie salarie . 3dly . S r. Andrevv having , neither for a just price , nor by the fairest means , got a title to a bare insignificant rock in the sea , called , the Bass , and to a publick debt , both belonging to the L. of Wachton ; My L. Lauder . , to gratifie Sr. Andrew , moves the King , upon the pretence of this publick debt , and that the Bass was a place of strength ( like to a castle in the moon ) and of great importance , ( the onely nest of Solengeese in these parts ) to buy the rock from Sr. Andrew , at the rate of 4000. lb. st . , and then obtains the command and profits of it , amounting to more then a 100. lb. st . yearlie , to be bestowed upon himselfe . But , besides this , there was also here an open reciprocation on S r. Andrews part ; for it having pleased his Ma tie , about the same time , to perpetuate to the Town of Edenburgh a gift , which they had enjoyed for some years by temporarie grants , S r. Andrew takes this occasion to expresse his gratitude to his Patron , and representing to the town , how much My L. Laud. had befriended them in that matter , he perswades them to acknowledge it , with a benevolence of 5000. lb. st . 4thly . My Lo. Laud. procures S r. Andrew , to be made first a privie Councellour , then a Commissioner of the Exchequer , and last of all a Lord. of the Session , allthough the best breeding that ever he had , for these employments , was that of his being once a merchant . But here , ill-natured envie maliciouslie disdaining these ridiculous preferments , and taking the advantage of S r. Andrews manifold maleversation , incites first the murmurings of the Citizens , and then at Michaelmess 1672 , the opposition of some of their Councell , against his continuance in office : Neverthelesse S r. Andrew , albeit with extream wrestling , gets through for that time , and to prevent the recurring of the like difficultie , thinks fitt to inform My L. Laud. , that some factious persons had stirred up tumults , to disturb his election , and thereupon his Ma ties letters are directed to the privie Councell , ordering them to examin the matter , and report : When the privie Councell received these letters , the most part were not a litle surprized , to see a command from Court , to enquire about a tumult , alleadged to have been made , in the place of their residence , whereof they had not before heard ; yet in obedience , albeit there was as good as nothing found , the report was made , which all men judged would be the close of that affair : But S r. Andrew being resolved , notwithstanding that the body of the Citie was generallie sett against him , to carrie also the next election , the better to prepare for it , obtains by My. L. Laud. a letter from the King , in Sept r. last to the Town-Councell of Edenburgh , resuming the storie of the tumult , and thereupon ordaining Mr. Roughheed their Clerk to be removed from his office , as being thereto accessorie , concluding that his Ma tie would supersede to determin as to others , untill he should be informed of their behaviour in the ensuing election : I shall not mention all the litle insolencies , wherewith S r Andrew did execute these orders against that Gentleman ; the thing considerable is , that all that heard of this letter , and how that thereby , contrarie to law , the right of the Clerks office , was arbitrarilie taken from him , without being heard , and the Town-Councell also indirectlie overawed in the freedom of their electing , did look upon the impetrating thereof , as a most dangerous precedent , threatning every mans propertie and libertie , and therefore , not onely was the Clerk encouraged to raise an action declaratorie of his right and for repossession , but My L. Laud. preceiving , that the generall resentment was justlie levelled against himselfe , as the principall author of this high attempt , he again by a second act , imposing no lesse upon his Ma ties goodnesse , then by the former he had abused his justice , moves his Ma tie to write a second letter , ordering M r Roughheed to be restored , without the least acknowledgement , to a place , from which , not 10. weeks before , he had been , by the same method , removed as a seditious incendiarie : These then and severall other of S r Andrews high misdemeanors , having deservedlie occasioned a complaint to be exhibited against him in Par lt . , the Commissioner , observing well what might be its consequence , and yet unwilling openlie to undertake his defence & patrocinie , consents that the matter be referred to the Lords of the Articles , and there again obtains that the tryall of the things charged , should be remitted to the ordinarie Courts : But the Par lt . knowing as well as his Grace that those exorbitancies , that flow from the abuse of favour , are commonlie coloured with such conveyances , as plain and positive laws , ( to which these Courts are tyed , ) doe rarelie suspect and so very seldom provide against ; doe therefore still insist that the Lords of the Articles would bring in their report ; whereupon My Lo. Commissioner , understanding better then any man S r Andrews guilt and his own accession , as a fitt expedient , both to appease the people , and to decline so concerning an accusation ; upon the Sabbath , wheedles Sr Andrew unto a voluntarie dimission of all his places and employments , and upon the Tuesday thereafter adjourns the Par lt . and how he hath since endeavoured to represent him , both here & at Court , as if he alone were chargeable with all his offences is aboundantlie known . I have been the more ample in this narration , because that , with all reverence to his Ma tie , ( whom I know to be infinitlie removed from all communication in My Lo. Laud s. naughtie practices ) and proportions also being observed , and the parallels duelie commenced from the Year 1662. , I doe indeed take S r Andrew Ramsey with reference to My L. Laud. and the Citie of Edenburgh , to be a very exact modell of Lauderdaill himselfe , in order to his Ma tie and all Scotland , and therefore the more ingratfull is his confidence that under such a pressing conviction , should not relieve his Ma tie and the Kingdom , in compleeting the similitude by a spontaneous dimission . Having thus gone thorough these motions made in Par lt . about the Mint , Lords of Session , generall gifts , Dean Paterson and Sr Andrew Ramsey I now proceed to these other grievances , which , allbeit not allowed to be brought in , were notwithstanding intended by severall members , and , in probabilitie , would have been the principall points in the representation which was overtured , to be made to his Ma tie . The seventh grievance then is the accumulation of eminent offices upon single persons : I shall not here reflect upon the sufficiencie or insufficiencie of any , I heartilie wish that all men were as carefull to cover , as I am willing to conceal their weaknesse ; but the plain ground of complaint is , that My L. Laud. hath procured to himselfe , and the L. Hatton his brother , and to the Earles of Athol and Kincaerden , his particular freinds , not onely the most considerable , but also the farr greater part , of the more important charges of the kingdom , to the visible weakening of the government , and to the detriment of his Ma ties service ; thus the D. of Laud. himselfe , is First , President of his Ma ties Councell . 2dly sole Secretarie . 3dly one of the Commissioners of the Treasurie : 4thly Captain of the Castle of Edenburgh . 5thly Captain of the Bass . 6thly Agent at Court for the Borroughs . 7thly one of the four extraordinarie Lords of the Session : and 8thly ( for who knows how long it may continue ) his Ma ties high Commissioner and all that it imports . The L. Hatton is 1 st . Treasurer depute . 2dly Generall of the Mint . 3dly one of the Lords of Session . The E. of Athole is 1 st . Lord privie Seal . 2dly Lord Justice Generall . 3dly Captain of the Kings Guard. 4thly one of the four extraordinarie Lords of the Session . The E. of Kincaerden is one of the Commissioners of the Treasurie . 2dly Vice-Admirall of Scotland . And 3dly one of the four extraordinarie Lords of Session . Principall offices are the stayes , as it were , of a State , and their distinction is , not so much determined by their objects , as by the proportionable capacities that most of them do require ; beside , as in the multitude of Counsellors there is safetie , so in the multitude of Officers there is strength , and their right distribution , doth not more encourage virtue and reward merit , then it settles the administration of the kingdom by a just ballance , and thereby becometh equallie advantagious , for the peoples good , and the Princes securitie : But humour and ambition doe puffe at such creeping politicks . My Lo. Laud. hath also introduced the abuse of gifts of the reversions or survivances of places to children & boys , and such are the gifts to My L. Hatton and his son of the Mint-office , to S r. Charles Erskin and his son of the Lyons Office , & severall others of that nature ; by which continuance of offices , that , at most , used to be conferred ad vitam , his Ma tie , is deprived of that excellent part of his treasure , which , with no expence , rewards virtue best , and is indeed the onely fond of the most obliging gratifications . The eighth grievance is the mal-administration and profusion of his Ma ties revennue : The cleering of this head , in its full extent , would require a more prolix & accurate computation , than is proper for my present work ; but that I may give it its necessarie evidence & also discover , more fullie , the fruits & effects at My L. Laud s. ministrie , I shall onely here sett down , in generall , first what summes of money he and his three friends have got in donatives : and 2dly . what summes they receive yearlie by their places and pensions , as hath been made appear on severall occasions by a particular condescendence . My L. Laud. then , hath got in donatives within these few years no lesse then 26900. lb. st . and may be reckoned to have yearlie since the year 1669. that he was appointed Commissioner , 16350. lb. st . My L. Hatton hath got in donatives to the value of 15300. lb. st . and hath moreover yearlie 1196. lb. st . , beside he hath the profits of the Mint and bullion , which last did render in Kings James his time 1000. marks Scots weeklie amounting yearlie to 2500. lb. st . The E. of Athole got latelie by fines 1500. lb. st . and possesseth yearlie 1450. lb. st . The E. of Kincaerdens gettings by reason of the nature of his gifts and places , cannot be so easilie computed , but that they must be very considerable , by his generall gift of Wards and Marriages , which he hath had above these three years , may be evidentlie gathered , from the benefit that he hath made , by some of those particular obventions , which have been compounded for by him , at , or above , the rate of a 1000. lb. how much then may be reckoned , by all that fall over the whole Kingdom ? he got also the gift of a ship wrackt in Schetland . As for his yearlie incomes , beside his pension as one of the Commissioners of the Treasurie , he hath also all the perquisits of the Admiralitie , and yet over and above should have had by the gift of the Salt , at least , 2000. lb. yearlie . Now whether these be not excessive largesses , to such persons , for such services , and in the more honest then opulent Kingdom of Scotland is easie to be judged : I grant I have included in the totall of My L. Laud s. yearlie summs , the pension of 500. lb. st . , which he procured , out of our Exchecquer , to his Dutchesse , when she was onely Countesse of Dysert , and not his married wife ; but I suppose that their then circumstances being considered , the error will be excused , with lesse pain , then it would have been for me , to make the distinction . I need not here subjoin how that , beside these above-mentioned summs , almost all pensions and gifts have been bestowed , these years bypast , according to his Graces pleasure ; his power in our affairs being in effect an omnipotencie , this part of it is not to be doubted , onely it is to be regrated , that in all these excessive givings , so litle respect hath been had to those , who have merited most of his Ma tie , both by their actings and sufferings . But the thing , that I esteem more worthie to be noticed , is that although since his Ma ties restitution , his revenue in Scotland hath been much above the double of what it was before , and though his casualties have been exacted with abundance of diligence , and great and vast summs otherwise levied by fynes , taxations , and assessements , without the least burden , either of monies exported for his Ma ties use , or of forraign warr ; yet , through a strange misgovernment , hath all been wasted , and consumed , at home , without any visible improvement , for the publick good , or so much as the provision of one freggat , for the defence of our coast , or convoy of our merchants , in these times of warr . The 9th . grievance and fountain of all the rest is My L. Laud s. excessive greatnesse , farr above what , either the Kingdom , or himselfe can bear ; I have alreadie observed , how that before he was Commissioner , he had , by reason of his being our sole Secretarie and Court-Minister , the absolute rule and dispose of all our concerns ; an interposition ungratefull enough , to a people , so affectionatlie , dutifull to his Ma tie . I have also marked , with what a severe jealousie , he debarred all Scotchmen , from any accesse or opportunitie , so much as to speak to his Ma tie , otherwise then he pleased ; a practice no lesse disserviceable to his Ma tie , then disobliging to free fellow-subjects ; I might in the 3d. place add , that , as his Ma ties necessarie absence hath occasioned to us the unhappinesse of My L. Lauds . domination , so his Graces absence also , for the most part , at Court , doth further subject us to a more base , & disingenuous dependence , upon his ceatures & favourits , nay oftentimes , even upon his servants , with whom it is well known , that men did ordinarilie transact , for the obtaining and expeding of gifts and signatures , & that it was , especiallie by his Graces servants , that personall protections to debtors , were most abusivlie impetrat : But seing the greatest part of what I have said , hath been , to sett forth the miserable issues of Lauderdails obscuring and eclipsing grandour , I shall in this place , onely note , how by his exaltation to be his Ma ties Commissioner , this noxious exhalation came as it were to be consolidat into that malign meteor which hath reduced us unto the afflicted and disconsolat estate in which we doe at present languish . I need not repeet , that it was for the attaining to this high , and unaccountable power , that he devised the calling of this Par lt . , upon the pretext of an Union , no lesse groundlesse in its project , then vain in its successe ; nor shall I resume , by what means , and for what emptie reasons , the Par lt . hath hitherto been kept current : That the office of Commissioner is a thing , altogether extraordinarie , & onely warranted by the particular occasion , & speciall effect for which he is ordained , is a point so certain , that to affirm the contrarie , would be no lesse , then a treasonable attempt , to subvert the very foundations of this free Monarchie ; when in former times Commissions of this sort , were granted ( which yet we doe not find to have been in use untill after King James his goeing to England ) both the Commissions and the Par lt . used to be terminated in one session ; the first that adventured , upon the innovation of adjourning Par lts . for a long time and , continuing his Commission in the intervall , was the E. of Midleton ; and yet , notwithstanding of all the high strainings , that were then in fashion , and that the Earles worke , could hardlie be sooner compleeted , this same Lauderdaill did , so farr resent it , as to make Midletons drawing out of his Commission ( though for litle more then two years ) an article of his accusation . But now that My L. Laud. hath himselfe got into the power , he hath presumed to protract it , now more then four yeares and a halfe , with so litle appearance of any necessitie , that on the contrair , we plainlie see , how that he hath , both hindered the Par lts . proceedings , and endeavoured to frustrate all its late meetings : which , as it is a manifest violenting of the ancient , and naturall constitution of our government ; so the unnecessarie continuance , and arbitrarie and frequent long adjournments of this Par lt . ; hath contributed exceedinglie to the increase of our burdens , and distresses . But the truth is , that such hath been his deportment in this eminent trust , that it is now become his best securitie ; and what at first his ambition did proudlie contrive , his conscience of guilt doth now oblige him , no lesse tenaciouslie , to maintain : so that our remedie and relief in this our desolate and abandoned condition , remains onely with God , and his Ma tie , in the return of their favour . From which consideration , as much as for the obviating of misinformation , it pleased the D. of Hamiltoun , and Earle of Tweddel , with some other Gentlemen , after the adjournment of the Parlt . in Dec r last , to go for Court , with the inexpressible good-liking of the whole Countrey , who from their faithfull representation to his Ma tie , did confidentlie expect , an entire deliverance . But My L. Laud. , that he might shew himselfe , no lesse crosse to , then he was averse from , such a loyall enterprise , omitts no obstruction , that he could lay in the way ; and first , by a pittifull fellow in Berwick , whom he had before corrupted to spy and intercept all free correspondence , he causeth seise , detain prisoner , and search S r William Carnegie a member of Par lt . , in his passage through that Town to London . 2dly . having , by the same hand , got some packets intercepted , he very ungentilly transmitts them to Court , and without respect to the violation done to the common intercourse and good understanding of the two nations , or regard to that tendernesse , which most men doe retain for their Countreys honour , he obtains for his Intelligencer his Ma ties . approbation , and a reward of 50. lb. st . out of our exchequer . 3dly . by the same means , and in the same place , he endeavours to affront D. Hamiltoun and his companie , in their passage , by a suspicious questioning of their attendents , and refusing them the conveniencie of a nights lodging , which , how farr it was contrarie to the generositie of the Governour , then absent , and the civilitie of the Citizens , they since fullie evidenced by that noble reception , which they gave the Duke in his return . And lastlie , My L. Laud. imposes so farr , upon his Mati es good nature , as to move him to discountenance a Gentleman , sent before by D. Hammiltoun , under a groundlesse pretext suggested by Lauderdaill , that he had been one of Olivers Sequestrators , contrarie to that prudent and benign part of the act of Indemnitie , prohibiting the remembrance of all odious names , whereof his Ma tie hath been always most tender . But notwithstanding all these rubbs , and many other discouragements , D. Hammiltoun and E. Tweddell being arrived at Court , doe there very freelie and faithfullie acquitt themselves , in a full and particular account of all things , relating to his Ma tie or the Countreys interest ; I need not here stand , to give the storie by retail ; it is like that the impressions were various , but in a word the result was the same , with the period which vve have heard , vvas putt to all the good votes and resolves of the English Par lt ; hovvever having had the good fortune to hear accidentallie of a letter , and aftervvards to see its double , vvhich , I am crediblie informed , vvas delivered unto his Ma tie , much about the time that our Lords vvere there , I have thought good , here , to sett dovvn , for publick satisfaction , its just transcript . The addresse of the letter vvas , To the King , and its date and tenor as follovveth . Edenburgh . Jan. 27. 1674. SIR , Let the obscuritie of the person , with the zeal of his affection , excuse the manner , & maker of this addresse ; I protest , as in the presence of God , that it is without the privitie , or knowledge of either partie , and nothing lesse , then the important concern of your service , and the Countries peace , could have constrained to it . I need not lay before your Ma tie , the many abuses that Scotland hath of late suffered , The universall and most pinching grievance of the S●lt , with these of the Brandie and Tobacco are confessed , and redressed : Neither are these that remain , lesse manifest , to wit , ignorant and insufficient Judges , a light and base coine , generall gifts of Wards & Marriages , generall gifts of the pains of penall statutes , the accumulation of eminent offices upon single persons , & these also such as are of small merit , gifts of the reversions or survivances of offices , invas●ons upon propertie and libertie by the impetration of private letters , unnecessarie , long and frequent adjournments of Par lts , the continuing of a Commissioner in the intervalls of Sessions of Par lt . , the mismannagement and profusion of your Ma ties revenue , & lastly , the excessive greatnesse of a State Minister to the exclusion of all others from free accesse & application to your Ma tie , with the many evils that do thence proceed . SIR , These pressures are , so heavie in themselves , & have been & are so afflicting & disquieting to your poor people , that I am confident , were it possible for you to reflect upon them , without observing by whom they have been procured , your Ma ties Iustice would not sooner prompt you to the remedie , than to a strict enquiry and animadversion against their authors , yea move you , even in the first place , to call out , with Ahasuerus upon like occasion , Who is he and where is he that durst presume in his heart to doe so ? But seeing that your Ma tie , in your unparalleled goodnesse , doth seem rather to incline to a gracious reliefe with a healing composure of all differences , than to notice past misdemeanours , I shall onely in all humilitie presume to say , that whatever may be your royall clemencie , yet certainlie the causers of these wrongs cannot be the fitt instruments of an effectuall and satisfying redresse . Your Ma tie is not unacquainted with the untoward & crosse proceedings of the last Session of Par lt : If your Commissioner was so uneasie , and disobliging , in his interruptings , and adjournings , when nothing was craved , but the remedie of such things , which both your Ma ties service , and your peoples cryes , did instantly demand , can it be exspected , that in the things that remain ( so much the more grievous , and unjustifiable , that he and a few of his friends are mostlie therein interested ) he will be more complacent ? Nay S ir , it is evident as the light , that all the repugnancie , that he hath hitherto shewed , with his high pretendings , and stretchings of your Ma ties prerogative in the institution of the Lords of the Articles , beyond what the nature and dignitie of Par lts will bear , hath plainlie been to prevent the progresse of your Par lt . to this tryall . The just and necessarie motions for examining his Brothers coine , and the Lords of Session , whereof the weakest are his friends , did provoke him to an abrupt adjournment ; since that time what arts have been used , and what methods practised , for gaining particular persons , and strengthning of the party , is too well known to all , to be unknown to your Ma tie : He hath indeed thought good to anticipate the Par lt . in the matter of the Mint , but in a way so partiall , and elusorie , that whether your Ma tie , your Par lt , or your people be thereby most injured , is hard to be determined . So that , upon the whole matter , considering , that things in controversie doe purelie respect your peoples good ; and , on the one hand , are prosecuted , with the most legall intentions of such , who have allways been faithfull to your interest ; and yet , on the other part , are still opposed , with obstinate partialitie , and untractable humours ; It is beyond all question , that the ensueing Sessions , if holden by the same Commissioner , will necessarilie be attended with the former , if not greater heats and disorders . I can not also forbear to tell your Ma tie . , that hitherto your people are perswaded , that in all their sufferings , your Ma tie hath been more abused , and imposed upon than they , themselves ; how expedient then it is , that this perswasion should still continue , and that these incident errors of government should be at least gentlie expiated , by fixing them upon the true authors , your Ma tie . , who hath allways valued yourselfe so much upon your peoples affections , can onely best judge ; seeing therefore that your people have been oppressed , by a malversation not more irritating in its effects , than in the obstinacie wherewith it is defended , and that they exspect relief from your royall goodnesse , with an assurance not to be disappointed , without a very surprizing confusion , and lastlie , seeing nothing is desired , or intended in order to the D. of Lauderdaill , to which he himselfe ought not , both in dutie , and prudence most readilie to agree ; let these in all humilitie sollicit your Ma ties transcendent bountie , to consider the following proposalls , which are not more easie in themselves , then they will prove most effectuall , at once , to dissipate all evill appearances , and restore to this your ancient Kingdom , that serene peace , which will make our affection and dutie again to flourish , in most significant acknowledgements . 1 First That a new Commissioner be named , and appointed to hold the next Session , and conclude the Par lt . 2 That the D. of Laud. be confirmed in his places of President of the Councell , and one of the Commissioners of the Treasurie , and have your Ma ties indemnitie ratified in Par lt . for all things past . 3 That there be two Secretaries named , and appointed to reside at Court , per vices , for your Ma ties impartiall information in all affairs . 4 That the other eminent offices , be duelie distribute and conferred upon deserving persons . 5 That the Commissioners of your Ma ties Treasurie , with such as you shall be pleased to add to them , be appointed to consider the revennue , and its charge , with the best means for its regulation , and improvement and to report . 6 That men , knowing in the law , and otherwise well qualified , be named to the vacancies that are , or may be , in the Session through the removall of such , as the Par lt . , on tryall , shall find to be insufficient . 7 That necessarie instructions be given to your Ma ties Commissioner , for the due redresse of all other grievances , and also for quieting and removing dissatisfactions , in matters ecclesiastick . 8 That there be past in Par lt . an act of oblivion and indemnitie for the establishing of the mindes of all your good subjects . SIR , These things , which may be almost , as soon done , as said , will infalliblie prove the high advancement of your service , and firm setlement of this Kingdom ; to which I hope that an excesse of favour , to any one single person , shall never preponderat . Sure I am , were it possible , that your Ma tie could be but for one day an unseen observer , amongst us , of the present posture of things , and disposition of persons , you could not , without wonder , think , how that any pretending to loyaltie , should have obstructed these , or such like remedies as are here proposed : I might also here offer to your Ma ties more serious thoughts , a passage recorded 2 Sam. 19.5.6.7 . and recommended by the suitablenesse of some of its circumstances , to the present case ; but since I am farr from thinking , that the D. of Laud. is to your Matie as Absolom to David , or that the discontents with us are so dangerous or threatning , as is there intimated ; and seing I doe as litle know , how to seperat Ioabs militarie and rude passion , from his dutifull and Zealous affection , I trust that God shall by more gentle and sweet influences , incline your Ma tie to arise and speake comfortablie to your servants . The words of the passage , hinted at in the close of this letter , are these And Joab came into the house to the King and said thou hast shamed this day the faces of all thy servants , which , this day , have saved thy life , and the lives of thy sones , and of thy daughters , and the lives of thy wives , and the lives of thy concubines , in that tbou lovest thine enemies , and hatest thy friends : for thou hast declared , this day , that thou reguardest , neither Princes , nor servants ; for , this day , I perceive , that if Absolom had lived , and all we had died , this day , then it had pleased the well ; now therefore arise , goe forth and speake comfortablie unto thy servants : for , I swear by the Lord , if thou goe not forth , there will not tarrie one with thee this night ; & that will be worse unto thee , then all the evill that befell thee from thy youth untill now . But albeit , that all mareriall in this letter , was pressed by these Noblemen , and many other things represented that might have tended to the good of the Kingdom , such as a digestion of our laws and rules of judgement , formerlie mentioned , a release of all arriers of Taxation and Sesse preceeding the year 1665 , a discharge of the annuitie of tithes , and a setling of the order of Par lt . according to known rules and presidents ; And lastlie that nothing was omitted that might give a satisfieng evidence in every point , yet My L. Laud s. suggestions and influences doe more prevaill , & D. Hammiltoun is dismissed with fair words : However it being promised that the Par lt . should sitt at its day and grievances be redressed and also a period putt to My Lo. Laud s. Commission , My L. Hammiltoun haistens homeward , with extraordinarie difficultie , in respect both of the rigour of the season and the infirmitie of his health , to attend its dyet on the 3d. of March , which was the very next day to that of his arriveall : But in stead of a session so much exspected , by the people and all the members of Par lt . ( who had now waited about four moneths and were better conveened then at any time before ) all , doe meet with the disappointiment of a blunt adjournment , unto the 14. of Oct r. next , and accordinglie the Par lt . is adjourned . After these our more formed and generall grievances , I might here subjoin , some smaller notices , relateing to My L. Lauds . way and behaviour , not impertinent to the things that we have allreadie heard , such as , first , his arrogant undervalue of Par lts . , discovered by that expression to his Ma tie . against the E. of Midletons services , S ir , if you had sent down a dog with your commission about his neck to your Scotch Par lt , he would have done all that E. Midleton hath done . 2dly . his insolent treating of some members , in this present Par lt . , as when he commanded one M r William Moor summarilie to prison , because , I think , he desired that after the order of the English Par lt . Acts might be , at least , thrice read , before they were voted , or somwhat to this purpose ; and in his course style asked another , for having in his modestie said , We for I , what Sir are there any myce in your arse ? 3dly . his contemptuous slighting of D. Hammiltoun , and most of the antient nobilitie of greatest interest and consideration in the Kingdom , whom he did not so much as allow to be named to be of the number , of the Commissioners chosen for the Treatie of the Union betwixt the two Kingdoms . 4thly . his strange inconstancie , in his friendships acted meerlie by his humour or advantage , as witnesse his dealings with the Earles of Rothes , Tweddell and Argyle , S r Robert Murray , D. of Ormond , E. Shaftsberry and others , whom according to occasion he hath , both caressed with open flatterie , and rejected with proud prejudice . 5thly . his regardlesse neglect of the countreys interest , to gratifie indigent or covetous persons of his dependence , by procuring for them gifts of the pains of penall statutes , as to Sr John Moncriefe a gift of the pains of non-conforming within the Shires of Perth and Fyfe . To .... Scot of Ardrosse and Major Borthwick , a gift upon the Maltmen and Brewers ; and to the same Major Borthwick another vexatious gift , called ordinarilie of peck and bole . 6thly . his prophane complement to the Archbishop of S t Andrews , coming one day to visit him , Come in , My Lord , sit down here at my right hand untill I make all your enemies your footstool . 7thly . his dull and malicious Iestings , against his old practices , and acquaintances , as when one day at his table , he said , he could pray as well as any Nonconformist , and so begunn a long complaint to God of covenant-breaking and other sins to their derision ; and when at other times he hath insulted over them in their appearances , before the Councell , by a reproachfull remembrance of by-past courses , so that some of them have applyed to him the old remarque omnis Apostata suae sectae osor : But it is not to these onely that he confines this humour , he makes it serve also in other occurrences , as when it was said about grievances , that they ought not onely to be redressed , but prevented for the future , he answered with much noise , that this was like an overture of the Commission of the Kirk , &c. as if in effect his fancie were lesed with the remains of his old hypocrisie . But passing these things , that may savour of a design of personall reflexion , which is trulie farr from me , it may be to better purpose to suspend a litle the closure of this relation , in two more important remarques . The first is , that in the first session of this Par lt , and for its first Act , his Ma ties Supremacie was enacted , whereby it is declared not onely that his Ma tie hath the supream authoritie over all persons and in all causes within this Kingdom , and that by virtue thereof , the ordering of the externall government , and policie of the Church , doth properlie belong to him ; but that his Ma tie , and his Successors may setle , enact and emitt such constitutions , acts , and orders , concerning all ecclesiasticall persons , meetings and Matters ( a word infinitlie extensive , comprehending the all of Religion ) as they in their royall wisdom shall think fit . It is true that this was unanimouslie consented to by the Par lt . , and it is as well known , that all that the Par lt . had in view , was the establishing of his Ma ties power and authoritie , for the better confirmation of a litle indulgence , then latelie granted to some Non-conforming Ministers , and the more effectuall checqueing of the loyall Clergies murmurings , who pretended to a Negative in these affairs . But that the D. of Laud. had quite another design , in the passing of this Act , even the raising of his own credit and consideration at Court , and the aggrandizing of himselfe , by an accession to that power , whereof he then had , and still hath the sway , did quicklie discover it selfe , in its first application , directed against the Arch-Bishop of Glasgow ; for My L. Laud. having conceived an irreconcileable grudge against this gentleman , mostlie , because he had on some occasions addressed himselfe to the King , otherwise then by him , the poor Bishop is menaced , to have articles exhibited against him , before the Privie Councell , and thereupon is constrained , to dimitt ; but this is not the sole Act , wherein My L. Laud. hath proposed to himselfe the same aim : I have alreadie shewed , how that the Act. 1663 ; entituled an Humble Tender , &c. and offering 22. thousand men to his Ma ties service , was especiallie of Laud s. framing , & it is very well known , hovv at Court he hath often since that time valued himselfe very highlie , upon it : But novv being Commissioner , his industrious advancement of what at first , was , onely more generallie agreed to , doth exhibit a more satisfying discoverie , and therefore we see , vvith vvhat care , in the very next Act to that of Supremacie , he goes about to setle the Militia , not as a simple Countrey-conceit , for the better training of men to the use of Armes ; but upon the more martiall basis , & for those more noble ends of the former Act , & humble tender . I vvill not , for all this , say , that at that time he had in prospect , the great things vvhereof he hath since been suspected , yet I make no doubt , but , that even then , he looked upon the Supremacie & the Militia , so setled , & , in a manner , both in his own hand , as being the Kings Commissioner , as tvvo brave leading cards , vvherewith such a Court-gamester as he , in the many chances , and changes , that do there happen , might somtime or other come to do mightie feats . I love not to heighten , let be to creat , jealousies , nor have I any facultie in the search of hidden and dark counsels ; & therefore do very unwillinglie take up , or assent to , vulgar reports of My L. Laud s. after-engagements , in arbitrarie & popish projects : Neverthelesse , such indications , as runn into a mans eyes , can hardlie be dissembled . It may then , be remembered ; that , vvhen in the summer 1672 , the Cabal at Court vvas in its ascendent , & Laud. got to be on the top of it , and that matters in England vvere come to a very manifest crisis ; My L. Laud. about the same time goes for Scotland , and there procures a new Act of Militia to be made , statuting that all persons , who should be therein enrolled , should be entirelie reserved for that employment , and that both Officers , and souldiers should take the oath of Allegiance ( vvhich vvith us includes also the Supremacie , ) and is , I suppose , a sacramentum militare vvithout a president ) and by another Act he obtains , to be imposed a twelve moneths assessement , to ly for a stock of money for for their provision , and that upon this expresse narrative viz. That as the Kingdom of Scotland will cheerfullie hazard their lives , and fortunes , in the warr against the Dutch , or any other cause wherein his Ma ties safetie , honour , or interest may be concerned : So in order thereunto , they have so setled the Militia , as the forces of the Kingdom , may be in readinesse , when ever his Ma tie shall be pleased for these ends to make use of them . Which things in Scotland and England being laid together , & the strange twistings of the Supremacie that makes so large a surrender of matters of Religion , with these Acts of Militia & Maintenance , declaring a readinesse for any expedition , &c. being well weighed ; I think , it may warrantablie be affirmed , that if there was any extraordinary design at that time in agitation , My L. Laud s. hand , in probabilitie , was deepest in it . Neither can the Par lts . concurrence , in consenting to these Acts , be pleaded for his excuse : For as much as it is certain , that their pure and single intent was , a dutiful expression of their loyaltie , for which they have always judged , that no words capable of a fair signification , could ever be too significant . I need not adduce their unacquaintednesse with secret transactions for their purgation ; he that can imagin , that Scotland would have consented , to that heavie assessement , out of any other motive , then their absolute & implicite affection to his Ma tie , let be in any thoughts of favouring Poperie , is widelie mistaken , both of our riches and religion : And therefor it may well be concluded , that as the ill favoured aspect , of the Act and Humble Tender &c. and Acts of Militia ensueing on it , toward England , with their ill contrived alternative , or for any other service wherein his Ma ties honour , authoritie , or greatnesse may be concerned , were at first the dictates of Lauderdails vanitie , and have often since been the boastings of his ambition ; so they do plainlie enough evince , his black accession to those other mysteries , whereof he hath elsewhere been accused . The 2d . remarque shall be , concerning My L. Laud s. administration in Church affairs . It is not necessarie to remember how that E. Midleton in his Par lt . thought fit , to correct the rigour of Presbyterie , by the heights of Prelacie , & what a severe vengeance of conformitie , the Bishops did thereafter execute , upon the whole Countrey , for their former complyance with , and retained affection to their brethren of that ministrie : O when shall Princes know , wherein the true power , and peaceablenesse of the Gospell doth lye ; & deliver themselvs & their people , from the pedantrie , & hypocrisie of all Church-pretenders ! However the extreme distresse , whereinto these Episcopall persecutions had brought the Countrey , did in the year 1669 ( as I have before related , ) move the compassion of some more moderate persons , to obtain for it the case of that small indulgence , that was then granted , for the better establishment whereof , it was supposed ( as I have said ) that the supremacie was thereafter in Par lt . enacted . But that the Countrey might the better relish this favour , and know how to discern his Ma ties , from his Commissioners Grace , it pleased My L. Laud. that in the year 1670. , conformitie should be again commanded , and pressed by new Acts of Par lt , and those , in my opinion , of a greater severitie , then the highest points in Christianitie could have allowed : For by the fifth Act of that Session ( as also by the 17. Act of the 3. Session ) it is statuted , that no Non-conform-Minister , not licensed by the Councel , or other person , not authorised by the Bishop , shall ( so much as ) pray to God in any meeting , except in their own houses , and to those of their own families , and such as shall be present not exceeding the number of four , and that all accessorie to the contrarie , shall be guiltie of keeping conventicles , and punished with the pains there specified , the Article of the Apostolick Creed I beleve the communion of Saints notwithstanding . 2dly . by the same Act , it is declared , that whosoever without license or authoritie a foresaid , shall preach or pray at any field-meeting , or in any house , where there be more persons , then the house contains , so as some of them be without doors ( who may be onely two or three , and posted there by malice ) or who shall convocate these meetings , shall be punished with death , and confiscation of their goods , and the Seizers of such persons , are not onely indemnifed for any slaughter that shall be committed , in the apprehending , but also assured of 500. merks Scots of reward , for each person by them seised and secured ; so mortall a thing is this field-conventicling , the Messe and all its idolatrie hath nothing in it so deadlie . 3dly . by the 6th . Act of that Session , there are considerable pecuniall pains ordained against disorderlie baptismes , such as those are reckoned to be that are performed by outed Ministers not licensed , or by any other then the parish Minister , without his certificate , or , in case he be absent , the certificate of one of the neighbouring Ministers . 4thly . by the 7th . Act , it is appointed , that all his Ma ties subjects of the reformed religion ( for Papists , that are without , God Judgeth ) shall attend divine worship , in their own Churches , under the pecuniall pains there mentioned toties quoties &c. and in case any landed man , shall withdraw for the space of a year , notwithstanding their being therefore fullie fyned , they are to be presented to his Ma ties Councell , who are authorised to require of them a bond not to rise in arms against his Ma tie , or his Commissioner ( as if a man could not be so far dissatisfied with a pittifull Countrey Curat , but he must also be suspected for disaffection to his Ma tie ) which if they refuse , or delay , they are to be imprisoned , or banished , and both their single and life-rent escheat doth immediatlie fall to his Ma tie . And lastlie by the 2d . Act of that same Session , it is statuted and ordained that all persons , thereto called by the Councell , or others having his Ma ties Authoritie , are obliged in conscience ( very fair ) and dutie , to declare and depose upon oath , their knowledge of any crime , and particularlie of any conventicles , and of the circumstances , of the persons present , and things done therein ; may not then any one be brought from the streets , and urged to become , upon oath , informer , accuser or witnesse upon all , that he ever saw or heard in his life , against himselfe , his friend , father and all men else ; or if he shall be so perverselie wicked , or disloyall , as to refuse or delay , he is to be punished by fyneing , close imprisonment , or banishment by sending him to the Indies , or elsewhere at the Councels pleasure ; sure I am the Spanish Inquisition hath no broader warrant . And yet notwithstanding all these , My L. Laud : by a new act of the 3. Session of this Par lt ▪ procures the execution of the above-mentioned Acts against conventiclers and withdrawers from publick worship to be enjoined to all Sheriffes and Magistrats , with an expresse provision that they should render an account yearlie of their diligence under the pain of 500. merks Scots . But all these great efforts , of My L. Laud s. zeal against Phanaticks , proveing by farr lesse successefull , then that litle specimen of his Ma ties . clemencie , whereunto Lauderdaill , had been by others inclined , and it haveing pleased his Ma tie . , in the year 1672. to gratifie his Protestant subjects in England , with his royall goodnesse , he thinks meet at the same time to extend it , of new , to Scotland ; and therefore gives to his Commissioner , then amongst us , all necessarie instructions , for compleeting this worke : But his Grace being now quite freed , from all those good influences wherewith sometime he had been acted , by a very uncourteous , & rude application , sadlie marres his Ma ties . kindenesse , and frustrats its best end ; for as much , as in place of that gracious reliefe , which , no doubt , was intended by his Ma tie . , for all his non-conforming good subjectts , whether ministers , or people , he plainlie turns this new Indulgence , into an universall confinement , of the whole non-conform Ministers , unto some Parishes in a corner of the Countrey , leaving the rest as dry or wett , as the ground , about Gideons fleece , and that , with such a scornfull inconvenience ( besides some other scrupling conditions that were also imposed ) that to seuerall small parishes , having not above à thousand communicants , and 900. or a 1000. merks Scots , of stipend , he causeth to be appointed , three or four ministers , contrair to all Just proportions , and onely with the ridiculous equalitie , of as litle cure as litle sallarie . Neither is he content to have thus cantonized those that were licensed , but even they that had none of his Ma ties . favour , must yet be made partakers of his Graces mercie , and therefore , it is further ordered , that all other non-conform ministers not licensed , should either conform , in the places of their dvvelling , or else , before a certain day , repair to and reside in the Parishes whereunto ministers licensed are appointed : I shall not say , that his Grace did thus restrain and clogg this Indulgence , because that the Councell , upon a letter which he had before sent them down , from his Ma tie . , to know if Papists might also have some tollerance , returned their advice that , they thought it neither necessarie , nor expedient ; but it is obvious enough , that if Papists had been made partakers of this intended favour , it must of necessitie have been shaped out , and moulded , by some more easie regulation . And yet , as if by this concession , there had been accumulated upon the Phanaticks , a bountie to which nothing could be added , it is declared in the conclusion of the Councels Act , that they were not to looke for any further enlargement , but that the laws for conformitie were to be strictlie executed , against all contraveeners ; but the truth is , there was another motive , for this certification ; his Grace knew very well , that not only the generalitie of that scrupling partie over Scotland , were litle obliged , by their being , in a manner , excepted from this his Ma ties . Grace , which often makes men , that before were unconcerned , to become more curious ; but that some of them , who were now deprived of the libertie which at first was allowed to them , were thereby much irritat : And therefore he , in time , provides this colour for the executions that might again ensue . And truelie , if I were to form conjectures of mens designes , on the measures , that visiblie appear to have been taken , in this sorrie contryvance , I verily think , that all the specious commendations , wherewith it was magnified , would scarselie , make me forbear to say , that its restrictednesse and uneasinesse , seem rather to have been intended for the marring , then any thing else , for the promoveing of its successe . It is sufficientlie manifest to all ingenuous men , that , the non-conformists , for all their scruples , are not onely sincerelie , and securelie loyall , but in effect , fullie as gentle and tractable , as can rationallie be exspected , from those principles , wherewith the Indulgence it selfe imports a dispense ▪ Besides if dispersion & the removing of the grounds of complaints be ( as no doubt they are ) the most effectuall means , to quiet such opinionative distempers , what could have been more promiseing , then to have disposed upon the small handfull of outed ministers , that remain , either by returning them all freelie , to their own churches , or leaving them to setle , as fair invitations should have determined . But alas , who sies not the strange consequences , that would have ensued ; if all wild beasts were once tamed , hunters and their sport would be utterlie spoiled , and a quiet and satisfied Kingdom , secured from almost the possibilitie , of forraign invasion , would need no more any standing forces , farr lesse a standing Commissioner ; and how should this poor countrey , after so many vexations , have endured so great a losse . But that his Graces well disposednesse , in affairs of this kinde , may be the better understood , there is one instance of it , that I can not here omitt and it is thus ; A litle before this Indulgence was granted , there were two countrey gentlemen , Hay of Ballhoussie and Drummond of Meggins , brought in question , for this flagitious impertinencie of conventicling ; the qualitie of their guilt was , that the first , had , indeed , had privat meetings in his own house , but the second was onely charged , with his wife and daughters transgression : However , his Grace haveing thought good , immediatlie upon the delation , to make over their fynes , unto his favourit the E. of Athole , and the gentlemen forseing , that to make the gratification suitable , there was no lesse , then the utmost rigour to be exspected ; they judged it best , to abandon their own defence , for a friendlie transaction , & therefore , casting themselves on the Earles discretion , they aggrie with him in writeing , the one to pay him 600. lb. st . , and the other 400. lb. st . ; but when they appear before the Councell , My L. Laud. , not content with what Athole had done , very arbitrarlie and exorbitantlie , procures the sentence to be augmented , against the first , to a 1000. lb. st . and against the other to 500. lb. st . whether more generouslie , towards his friend , who had got before , all that he had demanded , or more justlie towards the gentlemen , who relying upon the aggriement , had prepared no other defence , let the world judge . I might also add another example of his Graces moderation , in causing the Countesse of Wigtoun , a widow Lady , and otherwise cloathed with all the favourable circumstances , that could be desired , to appeare in person , before the Councell , to answer for privat meetings in her own house , and to be fyned in the summe of 5000. merks Scots , thereby shewing an impartialitie not to be byassed with any courtesie . But to return to our purpose , I need not mention particulars , for confirming of what I have said , of the errours committed , in shapeing out this Indulgence : Its misadventure , as to the composeing of matters , whereunto it pretended , hath afforded , both to his Ma ties Councell , and to the Ministers licensed , too much unpleasent exercise , in citations , examinations , and reiterat orders , to leave it in the least doubtfull . The thing , more worth our noticeing , is to consider , how fortunatlie the event did fall out , to justifie my suspicion ; I touched , in the beginning , what an opportune pretext , when all others failed , these non-conforming disorders did furnish to his Grace , for his last comeing amongst us : But because the letter , that he thereupon purchased from his Ma tie to his Par lt . , doth not more hold forth , its true Author , in its unsuitablenesse to his Ma ties excellent goodnesse , then exhibit to the world the truest character of My L. Laud s. goodnesse and sinceritie in all these affairs , in lines of his own drawing ; I shall here sett down at length , some passages of it : But one of the principall reasons of the keeping this session of Par lt , is to the end effectuall courses , may be laid down , for curbing and punishing , the insolent field-conventicles , and other seditious practises , which have since your last session too much abounded : You are our witnesses , what indulgences we have given , and with what lenitie , we have used , such dissenters , as would be peaceable , and how much our favours , have been abused . You have made many good laws , but still they have failed in the execution against the contemners of the law ; we must now once for all lay down such solid and effectuall courses , as the whole Kingdom may see , that we and you are both in earnest , and that if fairnesse will not , force must compell the refractorie to be peaceable , and obey the law . We have had frequent experience of your affection to our service upon severall occasions , and therefore we are confident , you will eminentlie doe your dutie in this which doth so much concern , our authoritie and your own peace and quietnesse : We leave the wayes and means to your own wisdom , and we exspect , you will lay down such solid grounds & take such effectuall wayes , as may put an end , to these disorders & evidence to the world that our antient Kingdom of Scotland , is at quiet and united to us . We have instructed our Commissioner fullie in this &c. & he can well informe you of our constant affection to , & care of , all the concerns , of that our Kingdom , which consideration at this time , hath made us dispence with him here when his service was so usefull to us &c. and therefore you shall give him entire trust , as we have hitherto done in all things . The text is plain and needs no comment ; I shall not say , vvith some Phanaticks , that if the Lord had not unexspectedlie beat down to the earth , this persecutour vvith his letters , breathing out such threatnings , and slaughter , our land might have again been turned , into a field of blood and confusion : Nor vvill I positivelie affirm , that these minatorie strains , vvere purposelie intended , for to overavv the nation , to a more complyant submission , to the introduction of a Service-booke , vvhich , it is vvell known , vvas both designed and prepared , and should have been the great businesse , of his Grace his last comeing dovvn : But certainlie , vvhoever compares , the expressions of this letter , vvith all their circumstances , viz. his Ma ties benign clemencie to all innocent dissenters , the Kingdomes unquestionable quiet , from all their disturbances , its great and almost sole distemper from My L. Lauds . ovvn oppressions , the visible necessitie that forced him , at that time , to take sanctuarie amongst us , and lastly the forebearance and insinuation , that he hath since used , tovvard the non-conformists , to ease himselfe of a part , at least , of that universall odium , vvhich he findes to be against him ; must inevitablie breake forth in admiration , at this unmeasured boldnesse , of abuseing his Ma ties name and authoritie , to so many extravagancies . These have been his vvayes in the Church , so like , in every step , to his actings in the State , that they neither could have any better successe , nor can receive a milder censure . But novv his Grace , haveing rode out this storm of grievances , delivered himselfe from Par lts , and defeat all his enemies , in order to his return to Court , resolves ( as it is probable ) to give the Kingdom a proofe , both of his ovvn free and unconstrained benevolence , and also of his great povver and interest vvith his Ma tie , and therefore , there is a letter produced , from the King to his Councell , bearing , that his Ma ties affection for us , makes him readie to embrace all occasions , whereby he may witnesse his zeal , to doe all things , which may be for our advantage , and ease ; and that being informed , by his Commissioner , of some things which have been , & still are , troublesom , & burdensom to us , he hath thought fit , in his royall bountie , and by his royall authoritie , to declare , his royall pleasure for the discharging of all impositions , due before his restoration , all rests of the taxation granted by the Par lt 1633. , all arrears of the annuitie of tithes , preceeding the year 1660. , and all fynes imposed by his Ma ties first Par lt , excepting allwayes from all these , all summes of money allreadie paid , or for which bond is given preceeding the date of the letter : And lastlie his Ma tie doth grant , a generall pardon and discharge , of all arbitrarie and pecuniall pains , incurred before the date of the letter , extending even to those against Conventicles , withdrawing from ordinances , disorderlie baptismes and marriages , excepting neverthelesse , all capitall crimes , and sentences of banishment , imprisonment , or confynement . Upon this letter , there being a proclamation voted and formed by the Councell , it was the next day made , with the solemnities of the Magistrats in their robes , the citizens in arms , ringing of bells , shooting of guns , publick feasting , bonefires , & all other ceremonies , that were used , in the most extraordinarie occasions of joy : I shall not insist on the peoples wonder , at the vain pomp , of these circumstances , who could findenothing suitable in the subject ; nor on the criticizings of the more maligne sort , who regreting , that his Ma ties affection & zeal for our good , should rather have been directed , by My L. Laud s. , scant and partiall suggestions then by the full and faithfull advice of his Par lt . , observed first , that the exception in the discharge , of the rests of impositions , taxations and fynes , was infinitlie broader , then the release it selfe , the countrey haveing , now for 13. years , been so vexed and harassed , for these things , that there is nothing left to be discharged , safe a few desperat , and irrecoverable remains . 2dly . that a generall pardon and discharge of arbitrarie and pecuniall pains , is an ordinarie grace , customarie to be granted in most Par lts . , with such a latitude as they think fit to give it . 3dly . that the extension of this pardon , even to Conventicles &c. can have no emphasis , unlesse we suppose , conventicling & non-conconforming , to be worse then Sabbath-breaking , profane swearing , drinking , whoring , userie , extortion , and the like . 4thly . that the exception of banishments , imprisonments and confynments , wherein a few Phanatick ministers are mostlie concerned , appears to be an unseasonable reserve of a peevish rigour : and 5thly . that the style of the proclamation viz. We with advice foresaid , doe hereby statute and enact , and accordinglie discharge , to our subjects , all rests and assessements &c. is not onely forced but more Parliamentarie then proper for such edicts . But the thing , we rather remarque is , that just and important exception , moved against this letter and proclamation , by D. Hammiltoun and others in Councell , viz. that D. Hammiltoun , having an undoubted right to the taxation 1633. , by a contract betwixt his late Ma tie . and James then Duke of Hammiltoun , and also by a commission from his now Ma tie , for securitie and repayment to him of a considerable summe of money , the same could not be taken away in this summarie way , without lawfull hearing ; upon which exception D. Hammiltoun ( as he declared ) did not insist , for the value of the thing , but for obviating so dangerous a preparative , to every mans right and propertie ; this discharge was overtur'd both by himselfe , and others , during the sitting of the Par lt . , and if it had been prosecuted , that way , all mens interests , might have been considered , and also the countrey more effectuallie secured : But after rejecting of that method , to have made choise of this , was an introduceing of presidents , of an evill aspect : And yet albeit it was resolved by the best Lawyers , in a writeing under their hands , that Duke Hammiltouns right was unquestionable , that the King in such cases utitur jure privati , and that by the fundamentall law of the Land , no mans right could be taken away summarlie by letter and proclamation ( which plea was also confirmed by the suffrage of the Judges there present ) neverthelesse it was with extream heat , and pain , that My L. Laud ▪ could be induced to consent to the reserving of D. Hammiltouns right , as we finde it to be done , in the Proclamation . I have before mentioned , the letter impetrat , from his Ma tie against M r Rougheed town-Clerk of Edenburgh , and the offence which generallie it gave , because of the invasion of propertie and libertie , thereby threatned ; but now , that My L. Laud , should have again , and thus openlie , and avowedlie , relapsed into so pernicious an errour , it doth manifestlie evince , a design of arbitrarinesse , beyond the excuses of either follie or fatalitie . And yet after this , & all his other high & strange misdemeanors , which I have hitherto related , My L. Laud ▪ had the confidence , to present to the Councell , a letter of answer , to be subscribed by them , and sent up to the King , wherein thanks , are not onely returned for his Ma ties gracious letter of release , but also for his readines shewed by his Commissioner , to have rectified all our grievances , that were orderlie represented : I will not here take notice of the dissents , entered by a considerable part of the Councell , against such a groundlesse and imposeing practice ; as his Grace vvould delude the common people , by bells and bonefires , and other emptie and ridiculous shows , doth he also think , that men of understanding , vvill suffer their eyes to be put out ; is it not enough , that he hath tyrrannised over us , vvith so much pride and oppression , but that he must morever offer violence to our senses , and not onely obstruct our prayers and cryes , to his Ma tie for his compassion and help , but even endeavour to elicit flattering approbations , and applauses for palliating and supporting these grosse malversations ; for vvhich neverthelesse , it is beyond peradventure , that so soon as he shall be arrived at Court , he vvill think fit to secure himselfe , as he hath alreadie done , for his farr inferior transgressions in England , by his Ma ties remission and pardon ? Certainlie the free consideration of these things , might stirre up , and raise every ingenuous spirit , to the highest measure of indignation , did not his Ma ties concern , and engagement therein , farr more povverfullie encline , to a dutifull regrete ; who can observe , vvithout an astonishing griefe , this Kingdom , lately so overjoyed , for his Ma ties restoration , and overflovving in all the possible expressions of the most loyall acknovvledgements , novv sunke into the saddest depths , of mourning , and darkned , by reason of the vvitholding of the rayes of his Ma ties gracious countenance , vvith clouds of jealousies , vvhich no man is vvilling to entertain , or yet able to dissipat : And vvho can think , vvithout a most sensible affliction , that his Ma ties most excellent understanding & most benign disposition , in all other occasions , should in these matters of the highest consequence , be so oddelie possest , vvith such a strange aversion , to hearken to , a most loyall Par lt . and to be advised by his most affectionat subjects : And lastly vvho can see , ( vvithout a confusion , and riseing of passions , not to be expressed , ) the D. of Laud. , a person , so insignificant for the advance of his Ma ties service , and , of late , become so extravagant and unacceptable , even in his privat deportment and ordinarie conversation vvith ●ll men ; yet , in these publick and great affairs vvherein he hath so vvyldlie miscarried to preponderat , in his Ma ties esteem , to the universall outcry of tvvo nations , the unprejudicat complaint of tvvo Par lts . , and the visible disturbing , if not breaking , of the peace and quiet of tvvo Kingdoms ; I shall not offer at the arts , charms or inchantments ▪ vvhereby these vvonderfull things , may be brought to passe it is but too too manifest , that vvhere My L. Laud. , did sometime stand in the most undutifull difference , & seeminglie irreconcilable distance , he hath of late , since the beginning , of the last Dutch vvarr ; and the ariseing of the jealousies , vvhich did commence vvith it , procured to himselfe , so firm a friendship , & so sure a support , that the more that these jealousies , and their dissatisfactions , have encreased , the more hath this favour been confirmed , and intended . But vvhy should I grope in these suspicious conjectures , vvherein all good men , doe rather desire , to find themselves deceived , then further cleered : Let us rather vvish , that his Ma ties eyes may be opened , and his heart turned tovvards this , his antient Kingdom , and in the mean time be established , in this most fixed assurance , that notvvithstanding of all the colours , pretensions , and insinuations , that My L. Laud. can employ , for the advancing of his particular interest , and ambitious humours , ●gainst the publick good of the nation , and for the bearing dovvn of its best subjects , yet the longed for issue , is as certain as that reason is reason and 〈◊〉 men . FINIS . READER I must desire thou would passe over an omission of the Printer in the 3d. sheet , which is the letter C. wherein the pages are misplaced ; and in thy reading follow the last word of each page and the number ; what other escapes of misplaceing of letters , as in the dedication l. 11. nd ▪ athere , for and there and such like , as I know they can not marr the sense , so I hope they shall not incurr thy censure . 
A65191	----	Two speeches spoken at a common hall Octob. 27. 1643 1. by Sir Henry Vane, 2. by Master Marshall; wherein is shew'd the readynesse of the Scots to assist the kingdome and Parliament of England to the vtmost of their power. Vane, Henry, Sir, 1612?-1662. This text is an enriched version of the TCP digital transcription A65191 of text R8959 in the English Short Title Catalog (Wing V78). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 22 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A65191 Wing V78 ESTC R8959 12090511 ocm 12090511 53861 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65191) Transcribed from: (Early English Books Online ; image set 53861) Images scanned from microfilm: (Early English books, 1641-1700 ; 240:E74, no 7) Two speeches spoken at a common hall Octob. 27. 1643 1. by Sir Henry Vane, 2. by Master Marshall; wherein is shew'd the readynesse of the Scots to assist the kingdome and Parliament of England to the vtmost of their power. Vane, Henry, Sir, 1612?-1662. Marshall, Stephen, 1594?-1655. 14 p. Printed for Peter Cole ..., London : 1643. Reproduction of original in Thomason Collection, British Library. eng Scotland -- History -- Charles I, 1625-1649. Great Britain -- History -- Charles I, 1625-1649. A65191 R8959 (Wing V78). civilwar no Two speeches spoken at a common hall Octob. 27. 1643. 1. By Sir Henry Vane. 2. By Master Marshall. Wherein is shew'd the readynesse of the S Vane, Henry, Sir 1643 4153 10 0 0 0 0 0 24 C The rate of 24 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2004-10 TCP Assigned for keying and markup 2004-10 Aptara Keyed and coded from ProQuest page images 2004-11 Emma (Leeson) Huber Sampled and proofread 2004-11 Emma (Leeson) Huber Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion TWO SPEECHES SPOKEN AT A COMMON HALL Octob. 27. 1643. 1. By Sir Henry Vane . 2. By Master Marshall . Wherein is shew'd the readynesse of the Scots to assist the Kingdome and Parliament of England to the vtmost of their power . LONDON Printed for Peter Cole , and are to be sould at his shop near the Royall Exchang . Anno 1643. Sir Henry Vane his Speech . MY Lord Major , and worthy Aldermen , and the rest of the Gentlemen of the Citie , In obedience to the Commands of both Houses , we that are lately come out of Scotland , and have been eye witnesses ( from the first time of our going over thither ) of the affection of that Nation to this cause and of the deep sence they have of the present state of Affaires here in this Kingdome , are willing at this time to make the same report , and give the same accompt to you of it , as hath been done to the Parliament , that you may take a right measure of the trueth of those things , and not be caried away with misapprehensions , and misinformations from those that disaffect the cause , and would willingly abuse your thoughts , and beleife herein ; and therefore as shortly as I am able , I shall be willing to give you the accompt of those things which I know , and which I have seen there , and which this other Gentleman , a rever●nd Minister , of your owne acquaintance , and of knowne integritie , hath been privie to , that I doe not doubt , what he likewise shall deliver in this businesse you will very readily give credit too , it being nothing but what will be found to be the trueth . For the affection of that Nation , we have had many experiences of it , and of their readie and cheerefull compliance with the desires of this Kingdome , even when they were in their greatest distresses and calamities : When we first came over there , the affaires then of this Nation , were in a much lower condition , then now ( by the blessing of God ) we find them to be ; yet notwithstanding though that Nation had many invitations from those , who as they were forward to promise , so were they able to have bestowed great matters vpon them , and though there were many secret practises among themselves to make them set loose from the cause of this Kingdome , yet so sensible they were , of the danger of Religion here of the near relation that they had to their breethren of England , and of that common calamitie threatned to overrun both Kingdomes , that they were readie to breake through all difficulties , and to expose themselves to all dangers , to take us by the hand , and to joyne cordially with us in the maintaining of this cause ; they did not only expresse this in their words , and outward professions , but we have seen since from time to time , and by severall steps , how they have put it into Action : As soone as ever the the Covenant which was taken here , and solemnly sworne by the Parliament , was come to their knowledge , and sent over unto them , the Committee of Estates there , and the Commissioners of the Genreall Assembly resolved presently for to take that Covenant ▪ with an vnanimous and chearefull consent , as a meanes which under God , they thought would vnite both Nations , in this common cause , and make them a bulwarke against the Common Enemie : They did not only resolve to take it themselves , but enjoyned it throughout the whole Kinghome , and by this time we doe beleive , that it hath been vniversally taken by the whole Nation . They did enjoyne it in such a manner , as that the greatest and powerfullest Enemies of it amongst them durst not shew their heads to oppose it , that is , they enjoyned it upon the penalties , that those that should not take it , or should deferre it , should be esteemed Enemies to Religion , to his Majesties honour , and to the good of the two Kingdomes , that they should have all their Rents and profits confiscate , that they should brooke , nor enjoy any Office , or benefit in that Kingdome , that they should be cited to the next Parliament , to answer the not taking of it , and to be proceeded with there as enemies to the Estate , and to Relegion , and to receive such further punishement , as by the King and Parliament ●●●uld be put upon them , by which meanes they have so vnited the affection of that whole Kingdome ▪ that as one man they are readie to come forth to defend the Religion , the Liberties of both Nations , and to dye in this Common Cause . They have not only proceeded thus farre , which is a happy Foundation to so great an enterprize as is now in hand , but they have formed their Armie , all their Officers from first to last they have setled , they have likewise prepared their Artillerie , and have it in readinesse , at the Rendevouze at Leith : They likewise have all the men that are to be of the Armie designed out throughout the whole Shires , the persons are knowne , and at 48. houres , they are ready for to march , they are as sensible as your selves of the great burthens and extremities that this Nation doth at this time groan under : They know as well too , what vast expenses you have been at to maintaine your owne Armies , and yet they are not ashamed , that you should know also that their Nation hath not been without troubles , as you have been , and that they are not yet without great wants and difficulties , for this storme did begin with them : They have not been without great charges and burthens that hath layen vpon them and particularly even for the advantage of the affaires of this Kingdome , of late they have been at very vast expenses for the maintenance of their Scotch Armie in Ireland , which was set out by them for the service of this Kingdom at the request and desire of the Parliament , by which meanes they are very much disinabled to doe that , which otherwise they would be very willing to doe for our present assistance . They have made it apparent by severall particulars , that before this Armie intended for the present service wil be brought to the Rendevouze upon English ground , one way or other , it will stand them in very neare a hundred thousand pound , which must be at their owne charge and expence , over and above what they desire from us : They likewise have let us know , that they desire not to presse vs beyond our strength in matter of monies , but only so much as may render the service in them feasible which we expect from them : They know very well if they have not monies at the beginning , to encourage and strenghen the hand of the Souldier , in the businesse they undertake , it wil be very disadvantagious to our affaires , therefore they expect we should send them a considerable summe of monie , to make their Armie march , which they have in readinesse for that purpose , as soone as we shall send it to them , and doubt not in a very short time to advance very farre in those Northern parts even this winter , it is that therefore which is expected from us , and that which will ( through Gods mercy ) be a Foundation of releife and recoverie of this Kingdome , from the oppression and tyranny with which it is ready to be overwhelmed , that we should apply our selves to send them some considerable summe of mony , for a speedy marching of this Armie . Upon our comming hither , we find there hath beene a great deale of paines taken in it . And we likewise discerne that much is to be atributed to the cheerefull affections of this famous City , which under God hath been the meanes that hath not only supplied our affaires at home , but hath likewise contributed to those that are abroad ; not-with-standing that which hath hither-to come in , is not as yet so much as will fully doe this worke ; if we could within some few daies be able but to Compasse one twenty Thousand Pound more ? we doe not doubt but we should be able ( with what we have already ) to put the affaires of Scotland in such a Posture , as you shall not only quickly heare a very good account of them , but see the fruit of them , to your greate Comfort and Encouragement . And therfore it is that , that now is recommended to you , that you would be pleased from the knowledge that things are in this readinesse that they are , and that Nation so willing in themselves to come to our assistance ( as this I might have added ) that if any thing lay in their power , either by the morgaging of their owne private Estates , or if there were Money sufficient in Scotland that they could render themselves Masters of , they would be willng to contribute any thing of their owne for the necessities of this Kingdome , so much they are affected with this cause : Therfore seeing they are so sensible themselves of our Condition , it becomes us to be so too , and to put to our helping hand that since so small a summe as this ( for the present ) is that that will be able ( through Gods blessing ) to carry on this worke , that we may with cheerefulnes apply our selves to the compassing of the same : Those that have been willing hitherto , we are to acknowledg thankes to them , and the Houses have thought of an Ordinacce that the burthen shall not lie upon them , but those that are unwilling and disaffected , are by that Ordinance compell'd to that which others out of their good affections are ready to doe ; so as it is recommended to you , that since the Houses have thought fit by an Ordinance to compell others to doe it , that those that are willing would take an incouragement from thence , and goe on readily in their contributions to this worke , that if it were possible we might be masters of this summe within few dayes ; it is that which upon this occasion is thought fit to be offered to you : And because there is an other Gentleman to speake , Mr. Marshall who what ever I have omitted wil be able to make vp , whose words I doubt not , but will take farre deeper impression with you , and all of greater weight then any thing I can say , and I shall give place to him to impart unto you what he shall thinke fit and esteeme worthy of your farther knowledge . FINIS . Master Marshals Speech , spoken at Guild-hall , London , on Friday Octob. 27. 1643. MY Lord Major , and worthy Aldermen , and Gentlemen of this City , God has shewed me that mercy to bee an eye witnesse , and an eare witnesse of all the maine carriages of the Nation of the Scots , in relation to our afflicted condition , since it pleased the two Houses to send me thither , to bee assistant to their Honourable Commissioners ; and I am most willing ( being as I am now called thereunto ) to give you an accompt of what I have observ'd . But this Noble Gentleman hath already declared it so fully , that there is not much left for mee to relate , though I were fitter to speake then I am at this present . Onely this I beseech you believe , that I am able ( as in the presence of God ; to attest the truth of ( I thinke ) every particular hee hath delivered to you , concerning the good affections of that Nation , their tendring our Cause , their willingnesse and readinesse to live and die with us in it ; And since the Lord made mee able to judge of any thing ; I never beheld so much unanimity and consent in so much deepe sense of the Afflictions of Brethren and Neighbours , as I have beheld there , both in the Generall Assembly , and Convention of Estates , and in Multitudes of other well-affected Persons , ●aying our miseries to heart , I believe , as much , if not more , then wee our-selves have done . You have heard the substance of all from Sir Henry Vane ; you may please from me to receive a few things in way of confirmation of what hath beene already delivered unto you : Hee told you , what they have d●ne to help to sustaine the Army of Scots in Ireland , who have beene imployed there seventeene or eighteene Moneths in our service , since they received any pay ( our distresses at home , having hindered us from doing what else we would and ought to have done ) how that they have laid out a very great summe . I adde , they have made it apparant to us , that they have expended in Meale , Clothes , and other Necessaries , no lesse then foure score Thousand pounds this last yeere , toward the subsistance of that Army , which else had perish't before this time ▪ Yea , that in that part of Scotland where we were , about Lowthian ▪ that there was scarce any on Nobleman or Gentleman of any considerable estate , but hee was this last yeere out of Purse one full yeeres Revenue , as if hee were worth 100 , 200 , or 300. pound , Sterl. per Annum , hee hath disburst so much for the Irish Army . And as to that which Sir Henry declared as a demonstration of their willingnesse to Assist us , that they have already charged themselves to the value of 100000. pound . I adde , they have beene so ingenuous and cleere in it , that they have given us a particular to bring with us , which is in the hand of this Noble Gentleman : So that any Man who desires to be satisfied ▪ may see the particulars of the charge which they are put to , but to bring their Army upon English Ground ; and indeed , they so cleerely see the bleeding condition of Religion and Libertie in both Kingdomes , and are so sensible of our great exhaustions , that I have heard many of their worthy Nobles and others , whom God hath stirr'd up to bee Active and Excellent Instruments in this time of Common danger and Calamitie , solemnly to protest ; That were they able to come in , and carry on the worke without putting us to any charge at all , they would do it most gladly ; yea , I am able yet further to say , and have leave to speake it freely , that if money can be found in Christendome , to carry on this work , they are ready not onely to engage the Publike Faith of their Kingdome with ours , ( as you have already received ) But that if either the Bonds or the Mortgages of the Lands of any of the well-affected Nobility or Gentry throughout that Kingdome , will bee taken for security , they are ready to give it ; yea further yet , so deepely are they affected , that they are willing ( I had allmost said ) to Plunder their owne Kingdome to save ours ; being ready , if necessity require it , to call throughout all the Kingdome , each Man to declare upon his Oath , what Money , or Victuall he hath ; that they may therby know what proportion to set out for the maintenance of this Cause . And lest any suspitions , or Malignant Men should surmise , that all this forwardnesse is but to get themselves into some strength in a Countrey , better then their owne , I beseech you know , that the Honourable Commissioners , my self , and others , who have beene attending this Service with them , have received that abundant satisfaction of their integrity and Justice , that what Articles are , or shall be agreed upon betweene them , and the two Houses of Parliament , wee verily believe they will not breake one Article of the Agreement , to gain the Kingdom of England : Their affections to this Cause are as your hearts could wish : it is onely necessity compels them to desire your assistance towards the maintenance of their Army when they are come in ; For should they come in , and Monies faile them , so that for want of Provision ( for you will easily conceive that the Northerne Countries may bee much wasted by the Enemie when they are readie to come ) they should be compelled to disband , or turne to plunder the Countries for want of subsistance , how scandalous , yea how destructive it might prove to both the Kingdomes you your selves are able to judge . They are ready and prepared to come , and I hope it will not bee long before you heare that they are advanced , willing to live and dye with you in this cause of God , and will endevour ( by Gods assistance ) speedily to settle our peace ; and as willingly ( according to their agreement ) to returne home into their owne Scotland , knowing well , that to enjoy peace with God in their owne poore countrey , will be better , then under colour of helping us to usurpe upon ours , though far the richer . Sir Henry Vane related further unto you , what care they have taken , and how roundly they goe to work in putting on the COVENANT , give me leave to adde , that ( beside what the Commissioners of the Convention of Estates have done , in injoyning it under paine of being esteemed and punished as enemies to Religion , his Majesties honour , and peace of the Kingdomes , and to have their Goods confiscate for the use of the publike , &c. ) the Commissioners of the Generall Assembly , according to the power given unto them by the said Assembly , have ordained , That particular account shall be taken by the severall Presbyteries , of all who shall refuse , or shift to sweare and subscribe , and that they bee proceeded against with the censures of the Church , as enemies to the preservation and propagation of Religion . Beside , what this noble Gentleman hath further related concerning their temptations or allurements to desist from this worke , and the other difficulties they are like to meet with in carrying it on , I have nothing to adde , unlesse I should tell you how deeply they are affected with the Cessation in Ireland , and the great danger threatned to both Nations from it ; and the utter ruine of the remainder of our poore Brethren yet preserved from slaughter in that miserable Kingdome : For by this Cessation , they , and all others see , that these bloody Rebells , who have shed so much innocent blood , who boast that they have slaughtered 100000 Protestants , and that they will not leave one Protestant alive in that and this , Kingdome , and who have committed the most out ragious and most barbarous cruelties that have ever beene heard of in Christendome , are now ( notwithstanding all this ) without any either repentance or submission , acknowledged to be his Majesties subjects , and have leave to keepe and hold what they have ; to enjoy free passage , intercourse , commerce , and trafficke , with all other his Majesties good subjects by sea and land , and no interruption to be made to any ships which shall furnish them with Armes , Ammunition , or any thing whatsoever ; their prisoners released , and such as are indicted for any capitall offence to be set at liberty upon baile ; they may send to his Majesty such Agents as they please ; yea they have authority to prosecute all in that Kingdom who shall stand in opposition to this agreement , and all this to last for a whole yeare : in which time , our Brethren in Scotland easily discerne how these inhumane and bloody wretches , may from all other Popish Kingdomes be furnisht , both to root out the remainder of our distressed Brethren of that Nation , and enabled to come over and exercise the like butcheries upon our selves and them . In a word , they looke upon it as the most cleare stating of the Question and intention of these warres , to be betwixt Papists and Protestants : And againe , I say they apprehend extreme danger from this cessation to both these Nations , unlesse some speedy supply be sent over to enable the Scottish army there to give checke to their proceedings , upon whom they will be ready to fall as a Torrent ; and when once they have devoured them ( which God forbid ) we may be sure they will endeavour the like against our selves . In all these our troubles hitherto , our greatest supplies have been drawne , or rather flowed willingly from this Honourable City , and it troubles mee to thinke that I should bee force to use any Rhetorick ( if I had it ) to draw more disbursements of money from you , who to the admiration of all this part of the Christian world have ( under God ) upheld this great cause ▪ and ( I know ) are resolved to live and dye with it : I onely beseech you to consider , that if timely supplies may be found , this crop that hath beene swept off from us , will grow againe with greater abundance , and wee may yet sit every one under our owne Vine , and under our owne Fig-tree ; and , which is much sweeter , enjoy the fruit and benefit of the Gospel of Iesus Christ , which now we contend for , and which these wicked instruments would deprive us of . But if God for our sins should deliver us into the hands of those that have thus desperately plotted our ruine , I thinke none of you would desire to swim when this cause should sinke ; or be vvilling to have either gold , silver , or plate , or any thing found in your houses , vvhen they should come to be possest by these men , vvhose tender mercies would bee more bitter then bloudy cruelties . I beseech you therefore consider of these motions vvhich have been made unto you , and accept of this unfained Relation , which we are able to call God to vvitnesse is nothing but the truth . And for my owne part , I did see more , and doe beleeve more , and my heart hath much more satisfaction concerning the integrity of that Nation , their fellow-feeling of our miseries , and their willingnesse to helpe us , then my tongue is able to utter . This is the sum of vvhat I had to say , the Lord direct you in vvhat you are to doe . FINIS . 
A46639	----	Nazianzeni querela et votum justum, The fundamentals of the hierarchy examin'd and disprov'd wherein the choicest arguments and defences of ... A.M. ... the author of An enquiry into the new opinions (chiefly) propagated by the Presbyterians in Scotland, the author of The fundamental charter of presbytry, examin'd & disprov'd, and ... the plea they bring from Ignatius's epistles more narrowly discuss'd.../ by William Jameson. Jameson, William, fl. 1689-1720. 1697 Approx. 708 KB of XML-encoded text transcribed from 135 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A46639 Wing J443 ESTC R11355 12830957 ocm 12830957 94326 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A46639) Transcribed from: (Early English Books Online ; image set 94326) Images scanned from microfilm: (Early English books, 1641-1700 ; 385:24) Nazianzeni querela et votum justum, The fundamentals of the hierarchy examin'd and disprov'd wherein the choicest arguments and defences of ... A.M. ... the author of An enquiry into the new opinions (chiefly) propagated by the Presbyterians in Scotland, the author of The fundamental charter of presbytry, examin'd & disprov'd, and ... the plea they bring from Ignatius's epistles more narrowly discuss'd.../ by William Jameson. Jameson, William, fl. 1689-1720. [26], 240 p. Printed by Robert Sanders for the author, Glasgow : 1697. Errata & addenda on p. [26]. Reproduction of original in Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monro, Alexander, d. 1715? -- Enquiry into the new opinions (chiefly) propagated by the Presbyterians of Scotland. Sage, John, 1652-1711. -- Fundamental charter of presbytery. Ignatius, -- Saint, Bishop of Antioch, d. ca. 110. -- Epistolae. Episcopacy -- History of doctrines -- 17th century. Scotland -- Church history -- 17th century. 2003-12 TCP Assigned for keying and markup 2004-01 Aptara Keyed and coded from ProQuest page images 2004-02 Rina Kor Sampled and proofread 2004-08 Aptara Rekeyed and resubmitted 2004-09 Andrew Kuster Sampled and proofread 2004-09 Andrew Kuster Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion NAZIANZENI QUERELA ET VOTUM JUSTUM . The Fundamentals of the HIERARCHY examin'd and disprov'd : Wherein the choicest Arguments and Defences of the most applauded and latest Hierarchick or Prelatick Writers , A. M. D. D. the Author of An Enquiry into the New Opinions ( chiefly ) propagated by the Presbyterians in Scotland , the Author of the Fundamental Charter of Presbytry examin'd & disprov'd , and many others are sincerely expended , the Plea they bring from Ignatius's Epistles more narrowly discuss'd , many things much enlightening this Controversy , either not at all , or not so fully hitherto unfolded , are , from ancient Church-Writers , and other unsuspected Authors , advanc'd . By William Jameson . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Would to God there were no Prelacy , no Prerogative of Place , no Tyrannical Priviledges , that by Vertue alone we might be discerned . Now this Right and Left Hand , and midle Rank , these higher and lower Dignities , and this Statelike Precedence , have caused many fruitless Conflicts and Bruises , have cast many into the Pit , and carri'd away Multitudes to the place of the Goats . Gregorius Nazianzenus Orat. 28. GLASGOW , Printed by Robert Sanders , for the Author . Anno DOM. 1697. The Introduction to all the sincere Lovers of the Christian , truly Catholick , Protestant Principles ; and the Haters of Romish Dross and Innovations , but Chiefly to these of the Church of SCOTLAND . I Can truly say I am so far from loving a Salamandra's Life , the line of Contention , or Controversie for Controversie's sake , as to pray earnestly that all our intestine Heats and Strugglings may resolve into that happy and lawfull Striving , how each of us may best please him that has called us unto Holiness & Peace , and that there be no Provocation , save unto Love and to good Works . My main End is only to Dis-abuse my Protestant Brethren mislead by some who are so uncharitable as to Vn-church and Damn the greater and better part of the Reformed , because they imbrace not as Divine that which , at best , is but of Humane Device , and who thus conspire with the mortal Enemies of all Protestants , against these of 'em whom the common and unsatiable Adversaries most implacably hate : for , above all others , the Presbyterian Puritans ( as they speak ) are acknowledg'd to be most irreconcilable to the Roman Catholick Doctrine , and on this account , the prime Object of their Malice . This is obvious in the Writings of the Romanists ; but chiefly in these of the Jesuites ; witness ( to name no more ) Petavius in his books of the Hierarchy and Appendix thereto , and another Papist the Author of Presbytries Triall , prime Armories whence our present Adversaries fetch most of their weapons . The Papists in this , as in many things else , are followed by the Quakers , as is evident from most of their Pamphlets , but more especially from a pretended Answer to a part of a Book , wherein I gave some further Discoveries than had been already made of the Impieties and Self-contradictions of that Sect. This Answer they ( for I do not think that it belongs all to one Parent ) name The Plow-man rebuking the Priest : of which I can say , with with the Prophet Jeremiah , that I have suffer'd Rebuke for my God's sake ; and , with Job , can take mine Adversaries Book on my shoulder , and bind it as a Crown to me , having receiv'd all along thro't , in stead of a Confutation , a most strong Confirmation of the Truth of the Doctrine I propugn'd , and much more ground to abhorr the Impieties of Quakerism , and to bless God who hath brought to pass that their very Attempts to palliat their Abominations , proved a further Detection thereof . Read , pray , earnestly , and compare it with mine , and you shall find them most frequently yealding the whole Controversy , as also overskipping the marrow of what I had adduc'd , and yet anon triumphing as if they had never , in the least , been guilty of such dealling ; you shall find that the most pardonable pieces of their Book are wild Gibberies , extravagant Roveries , meer Impertinencies , palpable Perversions , loud Lies , Heresies , Blasphemies , and , in a ward , a lump of stuff so Atheisticall , that it proclaims the Authors neither to fear God , nor regard man , never to have consulted Conscience , nor to have remembred of future Judgement , or of the account they must give at the tremenduous Tribunal of God. Yet all this is but what I expected , and is not unworthy of these , who , with Satan's sworn Slaves , renounce their Holy Baptism , and , therewith , whatsoever is constitutive of a Christian. For a further Manifestation whereof , hear the Quakers themselves , who are now split into Factions ; to wit , into Keithians , after George Keith a prime Pillar of Quakerism ; and Foxonians , as they 're called : These reckon the Keithian Quakers for lost , and call G. K. a Brat of Babylon , Apostate , worse than prophane , a Liar , Devil , one that always endeavoured to keep down the Power of Truth , gone into a spirit of Enmity , foaming out his own shame , without the Fear of God before his Eyes , a Preacher of two Christs &c. Again G. K. b who is herein approv'd by his Keithian Quakers , calls them Fools , ignorant Heathens , Infidels , Liars , Hereticks , rotten Ranters , persecuting Quakers c ; And informs us d that no such damnable Heresies &c , are tolerated in any Christian Society as are among many called Quakers . For Example that e they deny the Day of Judgement and any Resurrection , but what they have already attained ; that they make the Light sufficient without any thing else excluding the Man Christ Jesus , and his Obedience , Death and Resurrection , Ascension , and Mediation for us in Heaven . I am grieved ( writes J. Humphrey's f to hear some say they expect to be justifi'd by that Blood which was shed at Jerusalem . Wherein , as G. K. shews , he 's patroniz'd by not a few . Another great Zelot among the Quakers said , and affirmed boldly ( saith G. K. g that he expected not to be saved by that which di'd at Jerusalem , to wit the Man Christ. And again G. K. h calls them Pelagians and Deists . And i To many of the Quakers ( saith G. K. ) all are Christians [ to wit , Jews , Mahumetans , Painims ] in whom any good seed of Religion appeareth , and which they say is from Christ , yea is Christ himself . And k Many , yea the most , or rather almost all the Ministers among the Quakers ( very few excepted ) do affirm , that this inward Light is sufficient to bring forth the new Birth , and to give eternall Salvation , without any thing , without us , that is , without the man Christ that was outwardly born , and crucified and rose again , whom some of their Ministers in my hearing , hath called an outward thing , a shell , a husk , that doth little or nothing profit us , and the Faith of which doth nothing profit us . And William Penn ( continues G. K. ) in that Meeting at Ratcliff , where he falfly called me an Apostate , did publickly proclaim after this manner : Friends , said he , I see no great need of preaching , the Faith of Christ's Death and Sufferings , for all England and all Christendom hath that Faith , and it doth not profit them . But the Faith which profiteth Men is the Faith of Christ within , and that Friends preach . Let now ( saith G. K. ) the Author judge , or any other intelligent Person ( professing Christianity ) whether William Penn hath not sufficiently by these words proved himself an Apostate from the Christian Faith. Thus you have a taste ( for it is no more , compar'd with what I could produce ) of Quakerism from the Quakers themselves . Surely most admirable and adorable is divine Providence in so prodigiously strange , and clear a Detection of these infernal Blasphemies and Abominations , from the very Mouths of the chief Actors themselves ; to the end , doubtless , that all may hear and fear , tremble and quake indeed to meddle , in the least , with these Quakers , least God ( as is the Lot of these Wretches ) by giving them up to so strange Delusions and damnable Lies , make their Plagues wonderfull . May God mercifully grant , ( as the Effect of this Discovery ) that the sound and stable Christians may regard the Operations of his Hand , and give due Praise to him that preserves them from so deadly an Infection ; that the Weak may be confirm'd in their Belief of these Divine Verities which are reveal'd in the Holy Scriptures , and that these who are catch'd in the Gin may yet escape , like a Bird out of the Snare of the Fowler . But of Quakers enough ; only I must repeat that I cannot think my Plow-man to be the sole Author of the Book that bears his Name ; no , I think some good part thereof belongs to some , who own neither Name nor Profession of Quakerism . It 's true , they hate all Protestants , and , chiefly , Presbyterians ; yet , there is in that Book something singular , its Author appears rather to have studi'd the blackning and bespattering of Presbytry , than either the Defence or Palliation of Quakerism : for in lieu hereof , I find , in many places , only Libells larded with such Lies , Calumnies , and Slanders , as the more invective Romanists , and other invective Hierarchicks used to throw at all true Protestants , but mainly at the Puritan Presbyterians . There is , moreover , in some places , more plainly express'd , but all along couch'd , yet obvious enough to the observant , a warmth and kindness for these of the Hierarchick , or Prelatical Principles . In a word , much of the Book breaths forth another Species or sort of Malignancy , than is that of Quakerism , a Malignancy peculiar to the Author of Presbytries Triall , and such professed Romanists ; to Heylen and Le Strange , and such barefac'd Papaturians , much rather than to these more fallacious and spiritual Antichristians . Neither can any sensible Man earnestly read their Book , and not perceive so much . Strange ! Cann't they not uphold their Hierarchy , except they thus study to undermine Christianity , and join with its deadly Enemies , and that too with such Varlets of 'em whose Brutishness and molish despicableness , as was the good fortune of Aesop's Ass , are their only security , and set them too low for any Man to nottice them ? I 'm also inform'd that the pretended Author us'd to have most closs and frequent Converse with an Episcopal Minister of no mean Rank . Moreover , seeing many of the Prelatists oppose the sometimes receiv'd Sentiments , yea and common Articles of the Church of England , for which they pretend such Veneration , by Espousing , with Papists , Quakers , and the like Opposers of Truth , the Tenets of Pelagians , and Arminians , no great wonder tho' they syncretize with such Sectaries against the Presbyterian Calvinians ( as they speak ) and accordingly the Neopelagian Hierarchicks ( for there are Episcopals , surely of a better Mind , and Judgement more Orthodox ) make a third Squadron of this unsanctifi'd Army , and in Railing , Antichristian Sophistry , and such unworthy Methods , labour to come short of neither Quakers nor Papists . Such a black Combination would well nigh move one to say of Presbyterians as Tertullian said of Christians , There must needs ( saith he ) be some good thing among Christians , seeing they were chiefly persecuted by such a Monster as Nero. It 's a sign of your greater Glory ( saith Hierome l to Augustine ) that all the Hereticks abhorr you . And here I cannot but nottice how the Author of The fundamental Charter of Presbytry &c. ( having most untruly insinuated , as if we ascribed to our first Reformers an Impeccability , and espoused every particular Sentiment or Expression of every one of 'em , as infallible ) no less falsly gives out and earnestly studies to perswade the World that all these our first Reformers , and especially Mr. Knox , were nothing but a pack of treacherous bloody Rebels and most odious Men : see , to name no other places , from page 334. to 346. and is not this sufficient Evidence that the Author has a large measure of the Spirit of Ham the curs'd Exposer of his Father's nakedness , but he knows who'll thank him , Hoc Italus velit & magno mercetur Abaddon . The matter is , these Men are much grieved that ever we were fre'd from Rome's Tyranny and Superstition , and so know not how to be even with these precious Instruments of that our most happy and admirable Deliverance . Another of their Arts is that they use boldly to pretend the Doctrine of their Hierarchy to be most Catholick and absolutely necessary , and so Vn-church most of the reformed Churches ; and , which is no less Vn-christian , they strive to support it with such Arguments as equally serve to establish an universal Papacy . Again , they use to English these Romish Sophisms , and yet quite dissemble the Answers and Refutations the Reform'd have giv'n thereto , as , to name no more , is the constant Practice of A. M. D. D. Moreover they now darr to assert , contrary to the acknowledgement of all Men , and the Concessions of the greatest Prelatists , that our first Reformers were of the Prelatical Perswasion . They would possess Men with the same thoughts of the Transmarine Reformers , and therefore , among other Means to effect it , they use to work on the necessituousness or ambition of some forraign Protestants , as the Romanists do on needy Greeks and other Easterns , and bribe them to publish , for the receiv'd Doctrine of the Churches they were bred in , what is quite contrary to their known and common Sentiments and publick Confessions . I only give some Examples of these their Arts ( for who can recount them all ) this is certain that if ye ransack and unfold their Methods , you shall find none of 'em without some noteable Cheat and fallacy at bottom . Their Hierarchy leans on three Props , as its fundamental Supporters : The first is their wretch'd perversion of some Scriptures , the second is their Fancy that it still obtain'd in the primitive Church , the third , that 't was believ'd by all Ages to be of Apostolick Institution . These Conceits are the very Fundamentals of the Hierarchy , which I here examine , and , as I trust , disprove , and accordingly so Intitulat the subsequent Papers . I repeat as little as is possible of what has been said before , and especially meet with the Hierarchys most applauded and latest Asserters , and among these A. M. D. D. and the Author of the Fundamental Charter &c. the far more considerale part , yea the very substance of both which Books I examine and exartuat . I discuss moreover the Plea they bring from Ignatius's Epistles , as also detect most of the foremention'd Artifices together with many such ungenerous Methods not hitherto so fully discovered Hence I hope I cannot be justly accounted an Aggressor or Provocker , nor yet my Papers superfluous : I don't notwithstanding impeach as guilty of these Deallings all Episcopall men , for of these there have been and doubtless now are both good men and stout Protestants , and such , I know , will never be offended if I lay open open the Weakness and unworthy Deallings of such as anathematize whosoever preferr the Model of the prime ptimitive Church-Government , the Apostolick Humility and Simplicity , to their Diocesan Hierarchy , the secular Grandeur of subsequent and more degenerat Times , if I , among many other Demonstrations hereof , bring a Cloud of most competent and unsuspected Witnesses , who depone that during the Apostolick Age and the prime Primitive Church , there was a Bishop for each Congregation , an Identity of Bishop and preaching Presbyter , and , finally , a compleat Parity of ordinary Pastors ; if I make appear that the greatest Enemies to this Truth and Adorers of the Hierarchy are ( maugre all their Cunning ) compell'd to subscribe and seall it . If yet some hesitat and admire , how then so many of the Learn'd can give their Hierarchy a divine Sanction , or set it so high as the times of the Apostles , such wowld remember that to fewer , at least , and these of no less Learning , no less confidently pretend a Divine Origen for many things , the Foundation whereof notwithstanding is undenyably in the dust of humane Corruption . How many Torrents of Wormwood hide their little heads in sources in that Christian 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the space of about an hundred years after the Canon of the Scriptures was sealled , whereof so few genuine Monuments now remain , and wherein Christians ( as they were also for a good many yeares after that time ) being astonish'd at these more prodigious Heresies , and wholly imployed in quelling these Hydra's , were kept from watching against more fly and subtile Assaults of the Enemy , the Danger of whose Tares was scarce discernable till they were hardly to be eradicated . Again , 't is to be remembred that there are vast Ods between the Cases of the Contending Parties ; many things tempt and invite men to patronize the Hierarchy , whereto the other side is not obnoxious : for whosoever confides in his own Parts and Abilities may probably promise to himself a graduall Ascent even to the satiety of worldly Ease , Riches , and Honour . Did not these and such Motives byass too many men , together with the Liberty Prelacy gives to Heterodox Principles and to licentious Practices , how few should there be found to agent its Cause ? On the other hand Pre●h●●●erian Discipline they think too rigid against both these Enormites : and as to worldly Encouragements , there 's nothing in Presbytry but a mediocrity of Stipend with a hard and perpetuall Labour without any Hope of Ease , Grandor , or more opulent Fortune . I should now have doon , only I can not but express how desirable 't were that haying aside our own unscripturall Fancies , the Grounds of these most lamentable Contentions , all of us followed after the things which make for Peace , a●d things wherewith one may edifie another . Who would have thought , not many years he●ce when all true Protestants were at the very bri●k of Destruction , but that the admirable Delivera●ce God give us , should have had this most desirable Consequent . How amazing is it that a number call'd Protestants should vent their Spite , Malice and Treason against the most happy Instrument of this our Delivery in Peace , His Majesty King WILLIAM , who is under God , the main Stay of Protestants , whom yet God protects , and I pray may protect , maugre all the malicious Machinations of wicked Men. God yet continues to call us to the same Duty of Christian Concord , to name no others , by terrible Monitors : for at one Quarter we are besieg'd by nominal Theists but real Atheists who ridicule God's Sacred Word as the product of Rogues or Sots , and explode the Doctrine of the Existence of Angels and Spirits , and consequently of the Beeing of God the Father of Spirits , as the Dream of some Brainsick Weaklings , and below a man of sence : and at another Quarter , by a direfull Combination of Infernal Fiends and wretch'd Mortals . It 's pleasant notwithstanding to observe how the latter of these Satanical Machines split and undoe the former : for the well known and confess'd Compacts and Commerce between these wicked Spirits and Miscreants of human Race , and Operations of Demons , and such Effects undenyably proceeding from preternatural and incorporeal Causes are sure Proofs of such immaterial Beeings , and so demonstrat the Falshood of what is broach'd by these abominable Saducees , — aliquisque malo fuit usus in illo . O how clossly ought all of us to joyn in Weeping , Sighing , and Crying , not only for our oun Guilt , but also for these & such horrible Abominations that be doon in the midst of the Land. In the mean while these and a thousand such Mischiefs mostly owe themselves to this Controversy , our Divisions , Ignorance , want of Church-Discipline , and other such its odious Effects . How many , thro' God's Blessing , should that Zeal , Learning and Industry spent for the support of mens unscripturall Conceits , have brought to the Obedience of Christ from both Romanists and open Infidels ? Heu , quantum potuit Terrae , pelagique parari Hoc , quem Civiles hauserunt , sanguine , dextrae ! Bless'd then in this Case should be the Peace-Maker , wherefore , let all of us Pray for our Jerusalem that Peace may be within her Walls , and Prosperity within her Palaces . Let us also with Tertullian m adore the fullness of the Scriptures ; which ( as Augustine n teaches ) contain all things needfull either for Faith or Life . The Books ( saith Constantine the Great o of the Evangelists , Apostles and ancient Prophets , clearly teach us the Mind of God wherefore laying aside hostile Discords , let us seek from these the Determination of our Controversies . Surely this is a Catholick Principle : Good had it been if the Fathers had as clo●ly stuck to 't in Practice as they firmly believ'd it . You assert ( saith Optatus p to the Donatists ) We deny ; between your Assertion and our Denyal the Peoples minds Waver ; let none believe either you or us , we are all contentious Men , Judges must be sought , if these be sought for among Christians , they can be found among neither of the Parties , because the Truth is impeded thro' Partiality ; we must seek for Judges from without , if the Judge be a Pagan , he cannot know the Mysteries of Christians ; if a Jew , he is an Enemy to Christian Baptism ; on Earth therefore there cann't be rou●d a Determination of this Controversie : a Judge must be sought from Heaven ; but why should we knock at Heavens Gates , when , hearing the Gospel we have Christ's Testament . And having elegantly compar'd the Scripture to Man's Testament , which is able to determine every Controversie that may arise among his Children , adds , He who le●t us this Testament is in Heaven ; let his Will therefore be sought for in the Gospel as in a Testament : for the things which you now do , Christ forsaw before they came to pass . The same Justice and no more do we require in the present Case ; we require , with Cyprian q that Custom or Tradition which is without Scripture , tho' otherways never so Old , be thrown away as mouldy Errors . Let not the Hope of Emoluments , secular Grandeur , or Power , make Men rack their Wits to D●prave and Detire the Truth , and despise the Apostolick Humility , and Parity . Then ( saith Chrysostome r speaking of these Apostolick Times , and that by way of Opposition to his own Age ) Church-Government was not Honour or Grandeur , but Watching and Care of the Flock . Seeing it's evident ( saith Isidorus Pelusiota ) how vast a difference there is between the Ancient humble Ministry and the present Tyranny : Why don't ye Crown with Garlands and Celebrate the Lovers of Parity or Equality ? Let not the gay Pageantry of foppish Ceremonies steal away our Hearts from the simplicity of the Gospel . Is such trash worth the patronizing ? Nay rather , Let the Sword of God ( The●'re Jerome's words s cut off every thing that men , without the Authority and Testimony of the Scriptures , have devised and pretend as if they had it by Apostolick Tradition . Let all such things be broken in Pieces called Nehustan , and , finally , sacrific'd to Truth and Peace . Whatsoever thing God commands us let 's observe to do 't , and neither add thereto nor diminish from 't . This I'm sure is the old Path , and the good Way wherein if we Walk we shall find rest to our Souls , our Peace shall be as a River , and our Righteousness as the Waves of the Sea , we shall Dwell together in that Brotherly Vnity , which is a true Antecedent of Life for evermore . And thus I can freely say , is the ultimat Design of Composing and Emitting the ensuing Treatise , and is and still shall be the fervent Prayer of Will. Jameson . Nazianzeni THE CONTENTS . PART I. SECT . I. The Scope of the ensuing Treatise . The ancient Church for no Divine Right of Diocesan Episcopacy . pag. 1. The ablest of its late Patrons of no other mind , where Dr. Sandersone is noted . 2 An examen of the Conveniencies and Inconveniencies of Prelacy undertaken . 5 SECT . II. The Aphorism No Bishop no King discuss'd . Prelacy contributes not a little to introduce Tyranny . ibid. Prelats severall ways most hurtfull to Princes . 6 Presbytry well agrees with Monarchy : where their Charge of Sedition and Disloyalty is largely vouch'd to be most unjust , from the most applauded Writers of our Adversaries themselves . 8 SECT . III. Their Argument taken from Order weigh'd . Their strange Improvement thereof . 17 It equally serves Prelatists and Papists . Ibid. SECT . IV. The Plea for Prelacy drawn from Unity discuss'd . Dissentions most frequent where Bishops bore sway . 18 Unity and Parity harmoniously lodged in one and the same Assembly . 19 SECT . V. The Argument Prelatists bring from antiquity canvass'd . Ibid. SECT , VI. The Instance of Aërius condemn'd by Epiphanius prov'd to be unserviceable to our Antagonists . They joyn with the most disingenous of Papists in using this Argument . 21 The choicest of the Fathers for the Scriptural and Apostolick Identity of Bishop and preaching Presbyter . 22 Epiphanius giveth little Patrociny to our Adversaries . 23 His Injustice to Aerius in this matter . ibid. If Aerius was Arrian largely disputed : the affirmative whereof is rendred improbable by the profound Silence of those who were concern'd to have mention'd it . 24 The Tractate ascribed to ●●siliu● 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is judg●d supposititious : wherein there 's nothing to be found concerning Aerius . This report of Aërius his Arrianism leans on Epiphanius's testimony alone , whose great Levity and Credulity is universally noted . 25 It is instanc'd in his dealing with the Donatists whom on no good ground he accuses of the same crime of Arrianism . 26 They 're absolv'd by Augustine and Optatus . Ibid. It 's objected that Aerius his commerce with Eustathius of Schastia may give countenance to the report of Epiphanius . Ibid. Eustathius tho' a Heretick yet was not Arrian but a Macedonian , who seems rather to have been dangerously shaken then intirely wedded to Macedonianism . Ibid. But on supposition of the worst several reasons are brought making probable that nothing can be inferr●d from his commerce to prove Aërius Heretick . 27. The loss of the Writings of the Ancient and traduced witnesses of tru●h is lamentable . Ibid. The Judgement of Philastrius concerning Aërius related ; against whom the Aërians are vindicated from the Crime of Encratitism . 28 They were fiercely persecuted and why . 29 Between Philastrius and Epiphanius no good agreement . The negative testimony of both Philastrius and Rabanus Maurus against what is delivered by Epiphanius . 30 SECT . VII . No Diocesan Bishops in several ancient Churches . This Instanc'd in the Churches of Ireland , of Africk , and of Scotland . 30 The ablest of our Adversaries brought to a sore pinch hereby . 34 Sir George M ckenzie 's Epistolary Defence of Prelacy canvassed : where Bede is vindicated against the Bishop of St. Asaph , and Buchanan and Hector Boethius vindicated against Spotswood , to whom the Advocat referred . Ibid. That we had a constitute Church before the coming of Palladius evinced against both Bishop and Advocat . 38 Our Primitive Doctors why called Monks . The cavills of Spotswood and the Bishop of St. Asaph removed . 39 Smal power of Prelats for a long time after Palladius . 40 The most memorable result of the Combat between the Advocat and the Bishop of St. Asaph . Ibid. D. M.'s exceptions removed . His negative argument no argument . 42 ●●●ndel vindicated . 44 D. M's perversion of Baron's clear testimony detected . Ibid. He in vain attempts to deprave , and then to exauctorate Prosper himself . 46 Other specimens of D. M's unhandsome dealing . 47 SECT VIII . Prelacy opposite to the Principles of our Reformers . The Hierarchy is condemn'd by our Confession . 49 Knox and his fellows are proved to have been most opposite to the Hierarchick Domination . 50 The Author of the Fundamental Charter of Presbytry adventures not on our special Arguments . Ibid. Against whom Knox's great aversness from Prelacy is evinced by vindicating of his Letter to the Assembly . 51 And by vindicating of Knox's words and actions at the Installment of John Douglas . 52 And from clear and unsuspected records : where 't is also evinc'd that the bulk of both Ministers and People were then opposite to Prelacy . 54 This Authors cavills from the meeting at Leith 7½ and from some expressions of the Assemblies canvass'd and annihilated . 56 Knox's antiprelatical judgement demonstrated from Beza's Letter , which is vindicated from this Authors exceptions . 60 Who pretending to make Knox a Prelatist only labours to prove him and our other Reformers self-repugnant Bablers . 61 His ridiculous Sophisms examin'd and expos'd . 62 Knox alloweth no Prelacy to England . 66 He exhorts the English to embrace a Church-government and Discipline altogether Antiprelatical . 67 The Assemblies letter 1566. vindicated from this Author 's pretended allowance of Prelacy . 69 Knox acknowledged by the fiercest Prelatists to be truly Presbyterian . 70 Superintendents in Scotland a temporary expedient . The nullity of this Author's reasons to the contrary detected . 72 The falsness of his Gloss of our first Book of discipline largely demonstrated . 76 Superintendency not really inconsistent with parity . This Authors unchristian rallery , his overthrowing of the great principle of Hierarchicks are discovered , and his bottomless cavills enervated . 77 The stock of Prerogatives he pretends to have belonged to Superintendents evinced to be unserviceable to his design of giving Superintendents a superiority over their Pastors . 81 He at once yields the whole cause , and clasheth with himself . Our first Reformers their opposition to , and hatred of Prelacy's being damnable demonstrated . The Helvetian and other 〈◊〉 Churches opposite to Prelacy as beeing destitute of Scripture-foundation . 86 SECT . IX . The forraign Reformed Churches truly Presbyterian . The Judgement of Luther and Lutherans . 89 The mind of Calvin and those called Calvinists both in their private capacities , and confessions of the most famous Churches . 90 Specimens of the chiefest objections adduced and removed where the uncandide dealing of our Adversaries is unfolded . 91 Who yet are forced to acknowledge the truth of our assertion . 95 The eminent Opposers of Popery before Luther truly Presbyterian . 96 The first Reformers and body of the Church of England at that time for no divine right of Prelacy where some of Saravia's qualities are noted . Ibid. SECT . X. Some of the manifold Inconveniences attending Prelacy briefly mentioned . A Spirit of Persecution still attended it . 98 The Principles of Prelacy and practise of Prelatists most Schismatical . Ibid. It 's native tendency to introduce Popery . 99 And to a Papal Domination and enslaving of the Kingdom . 100 The spite and hatred the Hierarchicks shew against our Reformation from Popery , their impiety , and affection to Popery . Ibid. Dr. Burnets exceptions from the Regulars the●r trampling on the Bishops and the dealing of the Papalines at the Council of Trent enervated . 102 Another exception or retortion of this Author cashier'd . 105 Lousness and Prophanity the constant attendent of Prelacy . 106 PART II. SECT . I. Of Ignatius and his Epistles . Papists and other Hierarchicks make a fairer appearance from humane than from Divine Writings . 109 A short account of Ignatius and of the Epistles bearing his name . 110 Various Editions thereof . Ibid. Our Adversaries now acknowledge to be spurious that they once gave out for genuine : where of the Florentine Copy . 111 Debates among the Learned concerning it . Ibid. The unhandsome arts of our Adversaries to free themselves of further dispute . 112 The great Confidence they place in Ignatius . 113 Three Hypothese laid down , according to each whereof Ignatius becomes unserviceable to the Prelatists . Ibid. SECT . II. The first Hypothesis viz. that Ignatius is , at best , interpolated . Writings pretending to greatest proximity to either Old or New Testament carry most manifest signs of spuriousness , in which Divine Providence is observed . 114 Their Epistolick Ignatius's want of Apostolick Gravity and Humility : his enslaving of the People and flattering , yea deifying of all Church-men . 115 Dr. Pearsons Exceptions removed . 119 Du Pin's self-repugnancy . 121 Dr. Wake 's Error discovered . 122 A brief sum of the Arguments evincing our assertion . 124 Other things very early falsly father'd on Ignatius . Ibid His Journey to Rome uncredible . 125 SECT III The second Hypothesis , viz. That the Antiquity of the true Ignatius could not secure him from all Lapses or Escapes , nor serve to prove that there were no declension in his time . Whole Churches suerving during the life of the Apostles themselves . They grew worse after their death . 126 Papias's mistakes and multitude of Followers . 127 The failings of Justine Martyr and Irenaus . Ibid. The influence they had on the Church . The common mistakes of these times in Practicks no less than in Dogmaticks ; which is instanc'd in their debate about Easter . 128 Both parties went contrare to the Apostolick practice ; which is proved by clear Testimonies of Iranus and Socrates . 129 Their strange conduct in managing this debate , who Metamorphosed some Apostles into Jewish High-Priests . 130 The Credulity and Oseitancy of Hegesippus . 131 We are to hearken to God before the chiefest of Men. Divine providence observable in the mistakes of the Ancients . 132 SECT IV. The third Hypothesis , that there is no real disagreement , but a true concord betwixt the Doctrine of Ignatius and that of the present Presbyterians . They are reconcil'd by sustaining the Hypothesis of ruling Elders , which Office is vouched to be of greatest Antiquity ; and where Ambrose or Hilary is vindicated against Dr. Field . 134 Ignatius most express for the reciprocation of a Bishop and a Pastor of one Congregation 136 Our Adversaries yield the whole Controversy ; where Dr. Maurice's Mist is dispelled . 138 Vindiciae Ignatianae destroy their Authors ultimate design . 140 SECT . V. The Objections they pretend to bring from Scripture against the Doctrine now deduced from Ignatius , removed . D. M's reasonings for the Diocesan Episcopacy of Timothy and Titus , annihilated 140 No power properly Apostolick ordinary and permanent in the Church . 143 Willet's answer to the Iebusites vindicated against their Advocat . D. M. 147 The Office and nature of an Evangelist declared out of the Ancients . 148 D. M●s mutilation and perversion of Eusebius . 149 That Timothy & Titus were Evangelists , and not Diocesan Bishops made out from Scripture . Ibid. Apostles and Evangelists degraded by the Hierarchicks . 150 Their Arguments for Timothy and Titus their Diocesan-ship houghed by the very Authors in whom they most confide , both ancient and modern . Ibid. Their Argument from the Asian Angels several ways overthrown , and D. M's shifts and perversions expunged . 151 Malach. 2. 7. vindicated against Dr. Hammond . 153 His Correction of the receiv'd Greek Coppy of Rev. 2. 24. corrected D. M's strange and wild Gloss. Ibid. Salmasius vindicated against him , and the mind of Presbyterians concerning Apocalyptick Angels fully sustain'd by Scripture and Fathers . 154 The best of our Adversaries really acknowledge Episcopacy destitute of Scripture warrant . Dr. Hammond wholly destroys Episcopacy while he attempts to establish it . 155 SECT . VI. Our meaning of Ignatius confirmed from the writings of the Apostles his immediate Ancestors . Acts 20. v. 17 , 28 vindicated against Dr. Maurice and others who are by the ears among themselves . 157 Philippians 1. 1. vindicated ; where the Diocesanists their Digladiations are exposed . 158 Philippi no Metropolis ; where Dr. Maurice his weakness is detected ; the fiction of the existence of Metropoles in the Apostolick age exploded by the Hierarchy's truest friends ; Dr. Maurice's slippery dealing . 159 The first to Timothy 3. vindicated against Bellarmine , and his Friend D. M. 162 As is also Titus 1. 164 SECT . VII . The grand objection taken from the Commentaries of the Ancients . The primitive Doctors ( as themselves acknowledge ) were subject to many considerable lapses and escapes . 165 The causes thereof . 167 Several reasons demonstrating that if ever the Fathers so glossed these texts as not to hurt Diocesan Episcopacy , they then gave not their genuine sentiments . 168 SECT . VIII . Moe clear testimonies of the Primitive Doctors against the Divine right of Diocesan Episcopacy produced and vindicated . The testimony of Ambrose or Hilary : Bellarmine's perversion discovered . 171 Petavius's vain attempts both to exauctorate and deprave Hilary . 173 The testimonie of Chrysostome 174 He 's vindicated from Bellarmine's depravation . 175 The testimonies of Pelagius , Sedulius , and Primasius . 176 Augustine vindicated against Bellarmine and his Plagiary D. M. 177 Apart of Jerome's testimony on the epistle to Titus vindicated against the dish●nest dealing of Bellarmne and D. M. 178 No ground to think that ever Jerome accounted James Bishop of Jerusalem . 180 All Dispensers of the Word and Sacraments are in Jerome's account the Apostles Successors . 181 The rest of Jerome's testimony on the Epistle to Titus vindicated . 182 His testimony out of the Epistle to Enagrius vindicated against Bellarmine and D. M. 183 This doctrine of Jerome most catholick and universally received . 188 SECT . IX . The testimenies of Ignatius his Contemporaries and Suppars disproving what our Adversaries would force him to speak , and confirming what we have prov'd to be his mind , viz. that he cashiers a Diocesan Prelacy . Negative testimonies . 190 Clemens Romanu●'s positive and clear testimonies . 192 Petaviu●'s exceptions met with . 194 As are these of his Underling D. M. 197 The testimony of Polyca●p : where Dr. Pearson's strange evasion is routed : and D M ● ill gronnded vaporing exploded . 199 The testimonies of Hermas : where the vanity of D. M. ● Romish Cavills is discovered and Blondel vindicated . 200 The testimonie of Justine Martyr where Dr. Maurice's perversions are detected , as is also the unreasonableness of D. M's . reasons against Justine Martyr's plaine meaning . 204 Irenaeus identifies Bishop and preaching Presbyter . 206 D. M's . Popish querie . 207 SECT . X. Other Observations and Arguments eversive of Diocesan Prelacy . A Bishop is a name of labour , a Presbyter a name of honor , Ibid The true notions of the Apostolick and Hierarchick Bishop diametrically opposite one to another . 209 The example of the Apostolick Bishop followed , and the Idea thereof retained by all the true primitive Bishops or Doctors , which is all one with the notion of a laborious Pastor of a Congregation . Ibid. This is confirmed out of the Council of Sardica and others of these times , where Dr. Maurice and Dr. Beverige their sly and perverse dealing is discovered . 2●0 The subjecting of one Pastor or Church to another finally resolved into a Romish slavery . 213 Every Disepnser of the Word and Sacraments is a true Bishop . 214 That in the least Village and meanest Countrie-places , where there was a Congregation , there was a true Bishop largely evinced : where Dr. Maurice his exceptions is obviated . Ibid. All Bishops equal among themselves ; hence their Hierarchy is overthrown . 216 Their Romish argument from the pretendedly uninterupted succession of Diocesan Bishops enervated . 217 The argument drawn from the lists of Bishops in Rome and such great Cities satisfied ; First , From the positions already demonstrated , which are further confirmed : Secondly , From the confessed uncertainty of these lists : Thirdly , From this that in Rome there was at once a plurality of Peter's pretended successors : Fourthly , From this that Peter was never at Rome , which is largely demonstrated : Fifthly , from the evident falsity of the lists of the Bishops of Jerusalem . 218 That the government of the prime primitive Church was truly Presbyterian made out from a cloud of most unsuspected Authors , 225 A prostasy gradually turned into a Papal Tyranny 230 The Ancients kept fast the Foundations of Christianity , but strayed exceedingly in superstitious additions , 231 The Hierarchicks embraceing diverse novell Enormities desert the Primitive Church : where Heylen's preversion of the Ancients is discovered : Matthew 20 , 25 , &c. vindicated . and D. M's Romanism and Judaism detected . 223 The Bishop of Aiace his Christian Discourse unchristianly eluded and slighted by the Trent-Hierarchicks . 239 ERRATA . pag. lin . read 2 7 r. this 4 23 r. thereto is sufficient . 7 1 r. palpably . 8 10 r. Jac. 14 1 r. the feares of the. 26 33 dele comma . 32 penult . r 158. Ibid ibid r 163. Ibid. ult . r 53. 37 25 dele ( y ) 59 10 dele as 69 21 r hope of their . 80 25 r is injoyn'd . 82 32 r life . 84 1 r Act. 85 13 r their . 87 ult . r disaprov'd . 92 15 r liked . 104 33 r from . 125 7 r leanes . 129 6 r Apostles . 137 13 r breaking on bread . 140 30 r whereon . 150 28 r Apostles . 168 21 r expositures : 175 24 r other Pastors . 178 5 r in . 184 12 dele that . 185 18 r Apostolical . 186 28 r were . 188 27 adde it . 197 26 dele it . 202 18 r from . 207 1 r our . 214 6 r or . Ibid. 7 r of . 216 ult . r are . 217 20 adde acknowledged . Ibid. 31 r them . Ibid. pen. r de cornu . 219 20. r breaks . 223 1 Babylon , and is called a Persian i. e. a Parthian City , and the Metropolis . 237 16 r allowable . 239 28 r would ADDENDA pag. 71. lin . 21. But ( saith Heylen , Cosmographie pag. 332. ) beeing once settled in an orderly and constant Hierarchy , they held the same untill the Reformation began by Knox : when he & his Associats approving the Genevian Plat-form , took the advantage of the Minority of King James the sixt , to introduce Presbyterian Discipline and suppress the Bishops . pag. 96. lin . 9. What was the mind of the Waldenses & Hussites ( saith Voetius speaking of the Opposers of Prelacy , Polit. Eccles. part . 2. pag. 833. ) is evident from their most accurat History written by Joh. Paulus Perrinus , which is not extant save in their vulgar Tongues . Nazianzeni Querela et Votum Justum . OR , The Fundamentals of the HIERARCHY examined and disproved . Part I. Which briefly handles the prime Arguments for the Hierarchy , as also some of its Concomitants and Qualities . Section I. The Scope of the ensuing Treatise . THE purpose of our present Discourse is not directly to handle that much tossed Debate ; if an Office in the Church for species or kind superiour to that of dispensing the Word and Sacraments hath any footing or warrant in the Word of God ? Neither will this be judged necessary by any who call to mind that many Treatises disproving the divine right of Episcopacy , as Altare Damascenum , and Rectius Instruendum , have had so good success that , for ought I know , they stand intirely without any shadow of an Answer . Yea the most learned that ever pleaded for the Lawfulness of Episcopacy , will not blame us , though we yeeld no Scripture-ground to it , but only consider it in it self as a thing indifferent ; of which mind , among the Ancients , were , not only those who denyed not the exercise of his Office to be Lawfull , as Hierome ; but also the very Bishops themselves , as Augustine , all of them founding this Office , not upon Jus Dominicum , the Law of God in the Scriptures ; but Ecclesiasticam consuetudinem , the practice of the Church . Add hereto that both Fathers and Councils equally in Opinion and Practice , stuck no less to the lawfulness of Patriarchat , than that of simple Episcopacy ; and yet I believe few among real Protestants will either assert the Divine Right of this Office of Patriarchat , i. e. that it had any Warrant for it in the Word of God ; or yet that those Fathers and Councils so believed . Which present Consideration furnisheth us with another Argument sufficient to evince that the ancient Ch●rch founded this Office only upon Custom ; and , as they thought , Christian Prudence , and not at all upon the Books of the Old and New Testament . § . 2. Neither do the most Learned of the Modern Episcopals in the least swerve from this Opinion ; amongst whom I reckon D. Forbes , who , a having , for a while with the greatest tenderness and fear , handled this Matter , propones at length the Question , If Episcopacy be of Divine Right ? And yet declares himself highly difficultated what to Answer ; for absolutly deny it , he will not : and positively assert it he dares not : he therefore confounds it with a Synodical Moderatourship , and then fairly tells us that it is of Divine : Right ; because of the general Scripture-Precepts of Church-Order and Decency . And indeed he carries himself all along in this Matter with so much nice Caution , Ambiguity and Fear , that he evinces the desperation of the Episcopal Cause , to which so learned a Man could afford no better Defence , than really to destroy what he pretends to vindicat . Neither is the most Learned Bishop Vsser of another mind , who has reduced it to a meer shadow , and nonentity . And b Willet , though he says that a difference is needfull for Church-Policy , yet affirms , that this cannot be proved by the Word of God , and that in the Apostles times a Bishop and Presbyter were neither in Name nor Office distinguished . And he at large answers all Bellarmine's Arguments to the Contrary . See the Appendix to the second part of the forecited Question . Of this same Judgement is their applauded Hooker c viz. that there is no ground for their Hierarchy in the word of God ; while he declares himself against all particular Forms of Church-government , and acknowledges that nothing for Diocesan Prelacy can be brought therefrom . The necessity of Policy ( saith he d ) and regimen in all Churches may be held without holding any one certain Form to be necessary in them all . And the general Principles are such as do not particularly prescribe any one , but sundry Forms of Discipline may be equally consonant unto the general Axioms of Scripture . It hath been told them that Matters of Faith , and in general , Matters necessarie unto Salvation are of a different Nature from Ceremonies , Order , and the kind of Church-Government , that the one are necessar to be expresly contained in the Word of God , or else manifestly collected out of the same ; the other not so , that it is necessarie not to receive the one unless there be something in Scripture for them , the other free if nothing be alledged against them . And the Learned D. Stilling fleet is at no smal pains to cashier and expunge , among the rest of peculiar Forms of Government . This Diocesan Prelacy out of Scriptural-Articles ; and not only acknowledges , but also , e musters not a few Arguments , whereby to Prove that it hath no Ground in Holy Scripture . And , Dr. Morton , f Though a zealous Defender of Episcopacy : Asserts that Hierome made not the Difference between Bishop and Presbiter of Divine Institution ; he ass●nts to Medina the Jesuite , and asserts , that there was no Difference in the matter of Episcopacy betwixt Hierome and Aerius : He averres further that not only the Protestants , but also all the primitive Doctors were of Hierome ' s mind And finally he concludes , that according to the Harmonious Consent of all Men in the Apostolick Age , there was no Difference between Bishop and Pesbyter , but was afterward introduced for the removal of Schism . And Jewel Bishop of Sarisburie ( a Man for Piety , and Ability , Second , I am sure , to few that ever filled an Episcopal Chair ) most expresly asserts the Identity of Bishop and Presbyter Here ( saith h he ) Mr. Harding findeth great fault , for that I have translated these words , ejusdem Sacerdotii , of the same Bishoprick , and not , as he would have it , of one Priesthood . God wott a very simple Quarrel . Let him take , whether he listeth best : if either-other of these words shall serve his turn . Erasmus saith , id temporis idem erat Episcopus , Sacerdos , & Presbyter : these three Names , viz. Bishop , Priest. and Presbyter at that time were all one . And i but what meant Mr. Harding here to come in with the Difference between Priests , or Presbyters and Bishops ? Thinketh he , that Priests , and Bishops hold only by Tradition ? Or is it so horrible an Heresie , as he maketh it , to say , that by the Scriptures of God , a Bishop , and a Priest are all one ? Or knoweth he , how far , and unto whom , he reacheth the Name of an Heretick ? Verily Chrysostom saith , Inter Episcopum , & Presbyterum interest ferme nihil ; between a Bishop , and a Priest , ( which is all one with Presbyter ) in a manner there is no difference . St. Hierome saith , somewhat in a rougher sort , Audio Quendam &c. I hear say there is one become so Peevish , that he setteth Deacons before Priests , that is to say , before Bishops : whereas the Apostle plainly teacheth us that Priests , and Bishops be all one . Thus far Jewel . The Bishops and Priests ( saith the famous Bishop Cranmer k ) were at one time , and were not two things , but both one Office in the beginning of Christ's Religion . And , In the New Testament , he that is appointed to be a Bishop or a Priest , needeth no Consecration by the Scripture ; for Election or Appointing thereto sufficient . In the same MS. ( saith Dr. Stillingfleet l ) it appears , that the Bishop of St. Asaph , Therleby , Redman , and Cox , were all of the same Opinion with the Arch-Bishop , that at first Bishops and Presbyters were the same ; and the two latter expresly cite the Opinion of Jerome with Approbation . Thus we see by the Testimony chiefly of him who was Instrumental in Our Reformation , that he owned not Episcopacy as a distinct Order from Presbytry but only as a prudent Constitution of the Civil Magistrat , for the better governing in the Church . And having proved that Whitgift , and with him the whole Body of the English Episcopal Divines were of the same Judgement , thus concludes ; m By which Principles the Divine Right of Episcopacy as founded upon Apostolical Practice , is quite subverted and destroyed . Now judge if Dr. Sandersone n spoke not without the allowance , ye acontrary to the express Mind of his Brethren , when he says that the Difference among the Advocats for Episcopacy is only Verbal , and that all of them , even those who yeeld that it is not of Divine Right , no less than the rest , assert that it is founded on the Example and Institution of Christ or his Apostles . § . 3. This Discourse therefore shall weigh the Advantages alledged to flow from Episcopacy , that it may appear if it have such Effects as they Promise ; As also inquire if the Hurt and Dammage does not preponderat all the Good they can pretend to be linked to their Hierarchy . Neither shall we neglect to examine , if what the most Learned of that Perswasion bring from Ecclesiastick Antiquity , be subservient to their Cause . Section II. The Aphorism No Bishop No King discuss'd . A Chief Argument whereby they would prove the necessity of Prelacy they bring from the great Support which they say it affords to Monarchy . Hence with them No Bishop No King is an axiomatick Aphorism , which cannot be readily granted , seeing , to name no more , the charges the Hierarchy stood the King and Kingdom made a dear Bargain . Much was spent in their stated Revenues , but more by their clandestine Exactions , and other sinistrous means of draining the Country , and places of their pretended Jurisdictions , throw which there are Incorporations that , even at this day , groan under the Debts they then contracted : And yet more by sustaining Standing-forces to be Janizaries to the Prelates and their Complices , and persecute the sincerer part of Protestants , for else there was then no use of such numbers . Yet their Maxime may be thus far granted , that Prelacy may much contribute to the introduction of a Despotick and Arbitrary Government : And indeed the great Power they usurped , and manifold Influences they had over both Cities and Country , either to wheedle or menace them to elect such Members of Parliament as pleased them ; and to Cajole or awe these Parliament-men to speak in their own Dialect : And the being of a good number of them prime Lords of the Articles , whereby they had either the mediat or immediat Flection of the rest , made them well nigh able to effect no less : Which kind of Government no Wise and Paternal Prince will desire . § 2. Moreover that Princes have no great reason to be fond of them is apparent from their great unfitness to manage Politick and State-Affairs . There are two Ways whereby one may be fitted for being a Statesman ; either when Natural induements are extraordinary , which I doubt if many of our Prelats could affirm of themselves : Or else that of Education and continued Industry whereby to be fitted for State-imployments ; but so far were they from any thing of this , that during their greener years , they had quite other Studies and Imployments , being designed for the Ministry ; and so were obliged to prosecute hard the Study of Divinity , which , I am sure , will give any Man his handsfull of Work , who makes earnest of it . From this they are taken to feed some Flock , which , at least , will give them no less exercise . Now , how these Men can be fit for managing State-affairs , or , how they can be well kept from falling into Solecisms therein , whose skill is so small , is not very discernable . But though they were never so well fore-armed for such high State-imployments , how find they leisure to exercise them ? Is not the Ruling , and Governing so many Ministers and Churches , which they alledge themselves to be entrusted with , a Work heavy enough to exercise , if not to bruise any one Man ? Or , where have they found Warrant to relinquish the Ministry , and turn themselves to Offices of State when offered , or to undertake both together ? Do they not believe that either of them is heavy enough ? Know they not that not only the Apostle , but also the ancient Canons , and , to name no others , these which ( though not truly ) are called the Canons of the Apostles , most clearly condemn this their Practice ? Let neither ( say they ( a ) ) Bishop , Presbyter or Deacon taken upon him any secular Business ; otherways let him be cast out off his Office : Hence we may learn , b if it be out of Conscience that these Men plead for Antiquity , when they palpable contemn and trample what themselves count the most venerable Precepts thereof . Moreover it 's observable how they , so far as their Interest led them , still studied the ruine of those to whom they owed their Being , as Bishops . Thus the Roman Prelats studied the Ruine of both the Eastern and Western Emperours : Thus the Bishops of Scotland brought no small Vexation to both King and Nobility , in the Reign of Alexander the III. And so Becket of Canter●ury , and his Faction handled Henry the II of England . But worse did their Successours treat Richard the II , whom , in his Absence , they deprived of his Kingdom . It 's vain to repone that these were Papists ; seeing the ambition of Prelats is well enough known of whatever Name they be : Yea such also have been the Practices of Prelats who acknowledged no Pope , as divers of the Greek Patriarks , who helped not a little to Dethrone their Emperour . And the English Bishops ( as Sir Francis Knols complains in a Letter to Secretary Cicil ) encroached not a little upon the Priviledges of the Crown , kept Courts in their own Name , and still give out , that the Complex of their Office , i. e. the civil part of it , as well as the other , without any Distinction , was not from the King but from Jesus Christ. Which Encroachments are really Imperium in Imperio . On which account , this their usurped Power , as being dangerous , and of a Romish Original , was abolished in the first Parliament , of Edward the VI. The Substance of what Dr. Sanderson either insinuats or more clearly expresseth in Answer hereto , is , that this was a Corruption in Edward 's Reformation : And that some other Courts in England , as well as these of the Bishops are not kept in the King's Name . But sure , it 's not very credible that this was a Corruption seeing nothing else , since Edward's Days , hath been done , during the succeeding Reigns , for that Church's further Reformation ; but 't is an odd Paradox if we consider the Author , for it was Mary who Abolished this Act of Edward , and restored their Power when she brought back the rest of Popery : And though other Courts , as he says , be not kept in the King's Name , yet reason teacheth , and former experience proves , how dangerous it was to give Ecclesiasticks ought that looks like an Absolute power , and worldly Grandure , whereby , like the Pope , they may , by his Artifices arrive , at length , to a real Independency . And indeed B. Laud made large steps towards it , who , as Roger Coke relates , c copt with the King himself , and maugre both his Will and Authority must visit Colledges not as his Commissioner , but by his own Metropolitan right , and plumed ( thus saith the Author ) in his own Feathers , all black and white , without one borrowed from Caesar whereby the more he assumes to himself the less he leaves to the King , he now soars higher . And notable here is Dr. Sanderson's disingenuity , who always gives out that the Marian Act , which he still compares with , yea prefers to that of Edward , was never repealed by any succeeding Parliament . But we are informed by the same R. Coke ( d ) that by the 1. Tac. 25. the Marian Act was repealed and so that of Edward revived . And now to see him , who pretends to be a Minister of the Gospel ( whose Office is only Ministerial and spiritual , exercised only in spiritual things , without reaching Men's Bodies , inflicting only Rebukes , and such verbal punishments ) to see such I say keeping Courts altogether Civil , and inflicting corporal mulcts and Punishments after the manner of Worldly Potentats , but especially when all this is done in their own Name , would really make the indifferent Beholder averre that such imitated , to the Life , his Romish Holiness , and believed much better his Doctrine of his receiving both spiritual and temporal Sword , than that of our Saviour , whereby he prohited his Apostles and their Successours all such earthly Grandure and despotick Power , as resembles the Lordship and Dominion of worldly Princes . § . 3. But their Maxime not only intimats that Prelacy well accordeth with Mouarchy ; but also , that any other Form of Church-government is destructive thereof . Which how they will evince I know not : How they can shew that Presbytrie , with which I am only here concerned , is destructive of , or in the least inconsistent with Monarchy I cannot perceive . They can , I am sure , neither deduce their Inference from the Practice of Presbyterians , nor the Principles of Presbytrie : Not from the first , for though they load them , as if they had been the Cause , of many Civil Broyls and Calamities , and especially of these ensuing the Year 38. We may justly , yea with the allowance of the Hierarchie's greatest Favourers , reject the Charge , and send it home to the Prelats , who , by their attempting to introduce into the Church a Mass of Romish Superstitions , and their Pride and Tyranny exercised on all sorts , were become unsupportable to both Nobility and People . B. Laud , Montegue and such Papaturients were then earnestly labouring the reintroduction of a Mass of Romish Leaven into England , though there were but too much there already which had never been cast ●ut . Take one Instance or two in the words of R. Coke a high Church-of-England-man , and no Lover of Presbyterians , I 'm sure . The Bishops ( saith he e ) of the Province of Canterbury in their own Names , enjoin the removal of the Communion-table in the Paroch Churches & Vniversities , from the body of the Church or Chancel to the east of the Chancel , & cause Rails to be set about the Table , and refuse to administer the Sacrament to such as shall not come up to the Rails , & receive it Kneeling : that the book of Sports , on Sundays , be read in Churches , and enjoin Adoration . I do not find that Adoration was ever enjoined before , nor any of the forenamed Injunctions in any Canon of the Church . Our Bishops were of the same mettal with these Innovatours in England , and their most docile Schollars : Laud therefore and his Faction apprehending that we would make but a small resistance against them to whom England was likely to yeeld , prepared for us all her Cup with some other additional Drugs more Romish , than what was obtruded on the English. Witness the Form in the Administration of the Sacrament which ( as R. Coke d acknowledges ) was the same in the Mass. But seeing , the knowledge of the state we were in , when the Nation entred into a Covenant , and opposed that Stream of Romish Abominations , contributes not a little to repell their fierce charges of Rebellion and Sedition ; the Reader will pardon me though at some length I transcribe a Passage from one who is beyond suspicion of being partial in favours of Presbytrie , Covenant , or ought of that nature : I mean Dr. Burnet f The Bishops ( saith he ) therefore were cherished by him ( the King viz. ) with all imaginable expressions of kindness and confidence ; but they lost all their Esteem with the People , and that upon divers Accounts . The People of Scotland had drunk in a deep prejudice against every thing that savoured of Popery . This the Bishops judged was too high , and therefore took all means possible to lessen it , both in Sermons and Discourses , mollifying their Opinions and commending their Persons , not without some reflections on the Reformers . But this was so far from gaining their Design , that it abated nothing of the Zeal was against Popery , but very much hightned the rage against themselves , as favouring it too much . There were also subtile Questions started some Years before in Holland about Predestination and Grace ; and Arminius his Opinion , as it was condemned in a Synod at Dort , so was generally ill reported of in all reformed Churches , and no-where worse than in Scotland : but most of the Bishops , and their Adherents , undertook openly and zealously the Defence of these Tenets . Likewise the Scotish Ministers and People had ever a great respect to the Lord's-day , and generally the Morality of it is reckoned an Article of Faith among them : but the Bishops not only undertook to beat down this Opinion , but by their Practices expressed their neglect of that Day ; and after all this they declared themselves avowed Zealots for the Liturgy and Ceremonies of England , which were held by the Zealous of Scotland all one with Popery . Vpon these Accounts it was , that they lost all their Esteem with the People . Neither stood they in better Terms with the Nobility , who at that time were as considerable as ever Scotland saw them ; and so proved both more sensible of Injuries , and more capable of resenting them . They were offended with them , because they seemed to have more interest with the King than themselves had , so that Favours were mainly distributed by their Recommendation ; they were also upon all Affairs , nine of of them were Privy Counsellers , divers of them were of the Exehequer , Spotswood Arch-Bishop of S. Andrews , was made Chancellour , and Maxwell Bishop of Ross was fair for the Treasury , and engaged in a high rivalry with the Earl of Traquair , then Treasourer , which tended not a little to help foreward their Ruine . And besides this , they began to pretend highly to the Titles and Impropriations , and had gotten one Learnmonth a Minister presented Abbot of Lindoris , and seemed confident to get that state of Abbots , with all the Revenue and Power belonging to it , again restored into the hands of Churchmen ; designing also , that according to the first Institution of the Colledge of Justice , the half of them should be Churchmen . This could not but touch many of the Nobility in the quick , who were too large sharers in the Patrimony of the Church , not to be very seusible of it . They were no less hatefull to the Ministry , because of their Pride , which was cried out upon as unsupportable . Great Complaints were also generally made qf Simoniacal Pactions with their Servants , which was imputed to the Masters , as if it had been for their advantage , at least by their allowance . They also exacted a new Oath of Intrants , ( besides what was in the Act of Parliament for obedience to their ordinary ) in which they were obliged to obey the Articles of Perth , and submit to the Liturgy and Canons . They were also dayly making Inroads upon their Jurisdiction , of which the Ministers were very sensible ; and universally their great rigour against any that favoured of Puritanism , together with their medling in all Secular-affairs , and relinquishing their Dioceses to wait on the Court and Council , made them the Object of all Men's fury . But that which heightned all to a Crisis was , their advising the King to introduce some Innovations in the Church by his own Authority ; things had prospered so ill in general Assemblies , that they thought of these no more . And in the Parliament 1633. that small addition to the prerogative , that the King might appoint what habits he pleased to the Clergy , met with vigorous opposition , notwithstanding the King seemed much concerned for it ; those who opposed it being sharply taken up , and much neglected by his Majesty , which stuck deep in their Hearts , the Bishops bearing all the blame of it . At this time a Liturgy was drawn for Scotland , or rather the English reprinted with that Title , save that it had some Alterations which rendred it more invidious and less satisfactory ; and after long consulting about it and another Book of Canons , they were at length agreed to , that the one should be the Form of the Scotish-worship , and the other the model of their Government , which did totally vary from their former Practices and Constitutions : and as if all things had conspired to carry on their Ruine , the Bishops not satisfied with the General High-commission-court , produced Warrants from the King for setting up such Commissions in their several Diocesses , in which with other Assessors , Ministers , and Gentlemen , all of their own Nomination , they might punish Offenders . That was put in practice only by the Bishop of Galloway , who though he was a pious and learned Man , yet was fiery and passionate , and went so roundly to work , that it was cryed out upon as a Yoke and Bondage which the Nation was not able to bear . And after all this the King ( advised by the Bishops ) commanded the Service-book to be received through Scotland , and to be read according to the New Book at Edinburgh on Easter-day in the year 1637. Thus Dr. Burnet , of which kind much more might be taken from his , and the Writings of other Adversaries themselves , and yet far more from these of the Disinterested . And now judge under how wofull a Burden we then groaned , and if it was not high time for the Nation to curb such Tyranny over Bodies and Consciences , and stemm the tide of these hatefull Corruptions , which not softly and by a stelth , but by violence , like a mighty torrent , were bearing all before them , and at once ready to sweep away both Religion and Property : Should they not by sitting still and quietly yeelding both Sacred and Civil Rights , have proved in the highest degree treacherous to their God , Countrey and Posterity ? And seeing the Prelats were either the Authors , or great Promoters of all this Mischief . and the Office it self asserted only upon human-right , and so as a thing indifferent , by its ablest Advocats ; and by the King himself h yeelded to be contrary to the constitution of the Church of Scotland ; And , finally , by the body of the Nation held to be unlawfull , Tyrannical and Antichristian : Were they not then highly obliged , not only , to cashire the Officers , but also to abolish the Office it self ? In the mean while , though their Supplications were both most humble and reasonable , yet so had B. Laud and his Faction mislead and abused the King's Majesty , who otherwise was both Vertuous and Laudable , that the Suppliants were at first answered with terrible Menaces , then with dilatory and ambiguous Speeches , which were seconded with earnest Preparations for a most destructive War , and vengeance on the supposed Delinquents . Nor was ever ought granted but by inches as the urgency of the Courts Affairs compelled them , resolving in the mean while only to gain time , and practise such Artifices untill strength being recovered , the Suppliants , either broken among themselves , or lulled into security , might be overwhelmed at unawars , and with the more ease sacrificed to the fury of the Canterburians . As for the black and criminal Actions imputed , during these Times , to the Covenanters ( i. e. to the body of the Nation , seeing not only the Bulk of the Commonalty , and Gentry , but also the Nobility well nigh to a man , save the Papists , as is acknowledged on all hands , joined in opposing these Enormities ) as I shall ever most frankly condemn them when the charge is proved , and doubt not ( which falls out in the best of Actions ) but that divers who joined them might drive sinistrous Ends ; so I averre that all the impartial will distinguish between Scelus and Error , and ascribe any Escapes or Solecims , any way chargeable on others , not to their want of Conscience and Loyalty , but at worst to their want of fore-sight : to which byass the odd dealings of the Court , and their want of Experience of these with whom they afterward joined , doubtless contributed not a little to incline them . They were not ignorant that King James who ( as Dr. Burnet i intimats ) opposed Presbytry , not out of Conscience , but Policy , rarely minded to keep what he promised ; and , at every innovation he introduc'd , averr'd that it should be the last , while he only designed to make it a preparative for more . And indeed , to name no others , King James his prevaricating , temporizing , promising , and consenting to what he never mean'd to stand longer than untill by force , he should be able to undoe them , is not altogether conceal'd even by his own Spotswood k himself , though rarely , I acknowledge , guilty of so much ingenuity . Neither made he any bones to obtrude on this Kingdom inquisitionlike High-commission-courts , without any Law l or Acts of Parliament . These his steps were troaden by his Successour , who , being Prepossessed by the Canterburians , with all imaginable severity , urged and increased these lawless Innovations , and yet stuck not to averre that he took Arms only to surpress Rebellion , and not to impose Novelties m . And that all Concessions then given were only to gain time , till sufficient strength to overwhelm this Kingdom , might be recovered , is not only colligible from the more impartial Accounts of these Times , but also from Nalson himself . The King ( saith he n ) was prevail'd with , by this reason offered by Traquair to sign the following Instructions . That his Majesty notwithstanding whatever the Parliament could do , might , whenever he was in a better Capacity , introduce Episcopacy , because the Bishops being by all the Laws of Scotland , one of the three Estates of Parliament , no Act that passed without them would be of force , much less an Act for their Abolition , especially they not appearing or consenting to it , but protesting against it . Now , as the same Nalson relates , In these Instructions the King allows his Commissioner to cousent in his Name to the abolishing of Episcopacy when it should be enacted by the General Assembly . And now judge what strange Policy this was , which left the King at Liberty to null all Acts of Parliament wherein Bishops had not a Vote , even tho' himself had ratified the Abolition of Episcopacy , and added never so positive a Sanction to these Acts made without Bishops , which presuppos'd his Ratification of their Exclusion from voting in Parliament . Now I say , such strange dealings as these , and thereupon the dreadfull Effects of the Court's fury , so soon as it could gather strength to exercise them , might promp Men to an extream sheiness of believing any of its Promises , and incline them to a closser Conjunction with these of whose Arts they had less Experience . And doubtless when they made the League with the English Parliament , they were far from believing that some of them drove such Ends as afterwards appeared , and far from foreseeing ( as certainly were many of the then English Parliament ) the dismal Alterations which ensued ; otherwise certainly they had never join'd with the English or done ought of that kind . And indeed , as to their second entry into England , Dr. Burnet i ingenuously demonstrats that it was well nigh impossible for them at that time to do otherways . Moreover that the Crime of Selling his Majesty is falsly imputed to the State or Church of this Nation , and that they abhorr'd and detested so wicked a Parricide as was committed on his Royal Person , may be attested even by the greatest of Royalists themselves ; whereof , their Reception of , and standing for King Charles the II , and that in opposition to Antimonarchicks , untill they together with him were broken by the prevailing Enemy , is a sufficient evidence . And as I shall not defend the separate actings of some call'd the Associats , so I say that every just Estimator of these Affairs will , after serious reflection , be ready , at least , to excuse and pity them ; seeing they not only had fresh memory of the scarce paralell'd dealing of the preceeding Reign , but also perceived evident Specimens of a strange Genius in the Successor ; whence they might collect how sad and terrible things might be feared from him , should he be permitted to give the reins of Affairs to the Popish and other Incendiaries , whom even at that time he was observed most to favour ; and if his subsequent Actions have not given these too much to say for themselves , I leave to the judgement of the unbyass'd . However things be , seeing these were but a handfull never approv'd by the body of the Nation , or the most part of Presbyterians therein , their doings cannot in the least infringe the instance . Another instance is that of the Presbyterians their assisting and preserving of King James the VI in his Minority . But now put case many foul and unjustifiable things might be objected , and these their Actions accompanied with many Circumstances and Concomitants not to be defended ; yet how levels this at the core of the Controversie ? Jam dic Posthume de tribus capellis ? Let them either speak to the purpose , or acknowledge their extravagancies : It 's evident , and we prove , yea even from their own most approved Writers , that then , Liberty , Religion , and all morality was struck at and well nigh overwhelmed ; the Body of the Nation jointly oppos'd themselves , that they might stop the Torrent . Now the Question is , if this was Lawfull and well done ? and with this they rarely dar medle , or if they do , it must be on presupposition of pure passive obedience , without any exception , and of other such Hypotheses as not only equally level at the Reformation of most of the Churches from Popery , but also transform regular Monarchy into an absolute Tyranny , ruine all Subjects , and at length prove really destructive of what they pretend to advance : either I say they must use these or the like Hypotheses , and so give what is well nigh nothing to the purpose , or else adduce what is wholly forraign thereto , and only load our stout and worthy Opposers of that Mass of Romish Superstition , Irreligion , and Prophanity , with most heavy Accusations , as false and perfidious , acting from bad and base Motives , using unworthy Methods , driving sinistrous Ends , and thus only endeavour to bespatre and blacken their Adversaries , not to handle the Controversie : And this minds me of what I have observ'd in some of the Popish Historians , and others of their Declaimers against our first Reformers , for their bad cause permitting them to speak little or nothing directly to the Purpose , and their Malice allowing them as little to be silent ; they spend most of their Harangues in decrying and reproaching all who were active in that Reformation as guilty of many foul personal Blemishes , acting nothing sincerely but out of base Principles , and to as ill Designs : and amongst other things is chiefly objected the Crime of Rebellion , whereon the Romanists most commonly expatiat : and some of them add much about Conspiracies between these Rèformers and the Turk against the Catholicks as if He had been at the bottom of most was then done : just as our Adversaries make Cardinal Richlieu , and the French , the Authors and chief Promoters of our opposing Laud's Popish Innovations : surely the former is less ridiculous and carries more colour of possibility than the latter . In the mean while it will make their Calumnies of less Credit with all true Protestants , that they load Knox and the rest of our first Reformers with no less black detraction and slander , than they do these of the 38 , accusing and condemning them of an anarchick and ungovernable Temper , hatred against all Kings , Faction and Rebellion : and on this false pretence they breath out their malice and bitterness against them , and that no less fiercely than they do against the Opposers of the Canterburian Incendiaries . And thus much of the Practice of Presbyterians . Neither have they any more reason to alledge the second , that the Principles of Presbytry are contrary to Monarchy , none of them yeelding any such Inference . Their peculiar Hypothesis wherein they oppose Prelacy is , that no Pastor ought to usurp a Dominion or Superiority over his Brethren : And how this Principle can induce any to attempt the eversion of Monarchy , is not easily conjectured . They have yet another Principle , that whosoever is call'd to the Ministry ought not to intangle himself in any Civil Affairs , but to lay out himself wholly for the Souls of Men , and to this end be instant in season and out of season : Which is consonant enough to the former , but opposite to the Principles of Prelats ; who assert that Civil and Ecclesiastick Offices are compatible , and may be lodged in the same Subject : and accordingly they grasp and inhance whatsoever Places of State they can come by , both of higher and lower degree . Now , whether that Government which is only Ministerial , not , if they hold to their Principles , concern'd with Politicks , or Civil Government , but only with the Souls of Men , for the Edification of whom all their Studies are directed ; or that which is pompous and despotick , allowing Church-men to climb unto the highest Places of State , be most opposite to Monarchy , let any Man judge . And although the Prelats acknowledge dependance upon their Prince , they but only do what the Popes did , who for a long time acknowledged their dependance upon the Emperour , and sought● their Election or the Confirmation thereof from him , untill by little and little they got to stand upon their own Legs to , almost , the overthrow and ruine of their Soveraign and Benefactor . Now Prelacy and Popery being really one and the same Government , Princes ought to fear no less Mischief from the one than from the other . Section III. Their Argument taken from Order , weighed . ANother Achillean Argument they bring from the Nature of Order , which , they say , is wholly inconsistent with Parity . Hence one of their Coryphaei brandishing it , to the end he might compleat the Demonstration , cited Aristotle himself for the Definition of Order , which ( saith he ) is secundum quem aliquid altero prius aut posterius dicitur . For that unhappy word simul would have spoil'd the whole Business , and therefore must be left out . And certain it is that none of them can improve this Argument any more than he has done , seeing , according to the express Definition of Order , a Parity is no less consistent therewith than Superioty and Inferiority . § . 2. Moreover if this Topick do them any service , it shal , at length , establish a Pope over them all ; seeing a Parity of superior Officers , as Bishops or Arch-bishops , is no less Cyclopick and Monstrous ( for with these names they calumniat Presbytry ) than a Parity of Pastors . Yea by this their Argument it is manifest how they reproach most of the reformed Churches , as if there were nothing there but a Babylonish Confusion ; and the Apostles themselves , none of whom , I think , took the Oath of Canonical Obedience to another . Moreover , whosoever denies a Parity in a plurality of Governours ( tho' the chiefest in a Society ) as if 't were unwarranted by Example , and tending to Confusion , discovers either his Ignorance , or what is worse ; seeing it is well known that at the same time there was a plurality of Kings in Sparta , of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Princes in Athens , and of Consuls in Rome ; during which Governments there was , I am sure , as little Disorder as when they were in the Hands of one single Man. So much is really affirmed by their own learned Sutlivius a who brings store of such Examples , and irrefragably evinces our Purpose : so true it is that none can smartly oppose the Pope's Crown , but must eâdem operâ ( were he , as indeed Sutlivius is , the greatest Friend to Prelats ) ruffle also their Mytres . Section IV. The Plea for Prelacy , drawn from Unity , discuss'd . NO less fiercely do they argue that Episcopacy is altogether necessary on the account of Vnity ; Without which ( say they ) there can be nothing but Schism and Dtvision ; and therefore the Ancient Church sustain'd it . But altho' this might have deceiv'd some of the Ancients , whose ends were good ( though this mean fell out ineffectual , yea unhappy whereby to obtain them ) yet it is strange that any now , if at all they reflect on past times , can place any confidence in such Church-policy , in order to procure Peace and Unity : seeing it is of all things most undeniable , that , notwithstanding hereof , the primitive Church was opprest and rent with innumerable Schisms , hatch'd and sustain'd by Bishops , in opposition to Bishops ; no less , at least , than by Presbyters , in opposition to Presbyters . Yea it is certain that these , whom they contend to be Diocesans , were either the Inventers , or , at least , the main Propagators and Abettors thereof . Were not Victor of Rome , and Polycrates of Ephesus , the Authors of that great Schism and Controversie anent the Celebration of Easter ? Were not Stephen Bishop of Rome , and Cyprian of Carthage Authors of another Schism about Rebaptizing of the lapsed ? Was not Paulus Bishop of Samosata , Author of that non-such Schism and Heresie of the Samosatenians ? Did not the mighty Schism of the Donatists fall out because Sicilianus Competitor with Donatus was preferr'd ? And , when the Heresie of the Bishop of Samosata was varnish'd by a Presbyter Arrius , how was it hugg'd and propagated by the bulk of the Oriental Bishops ? Was not Macedonius , Bishop of Constantinople , the Author of that most damnable Heresie known by his Name ? Again Nestorius , Bishop of that same City , gave both Being and Name to another Schism no less dangerous than the former . Time would fail me to reckon up Berillus , Bostrensis , Nepos an Egytian Bishop , Fidus in Africk , Photinus of Syrmium , with many others . And in short , few Heresies or Schisms sprang up in these Times , but they had either Bishops for their Authors , or else for their great Abettors ; without whose influence , they were likely shortly to have starved : or else they were raised through the Pride and Competition of men aspiring to the Episcopal Dignity ▪ which , to name no others , is clear in the Instance of Donatus . Yea that all the blackest Schisms and most pestilent Heresies had Bishops for their Authors , Sutlivius a expresly affirms . But take one Instance further , in respect of which the rest are but Grasshopers , in the Person of the Romish Bishop , or Bishops ; who have been the great Authors and Fomenters of the most damnable Heresies , and mighty Schisms , that the Christian World hath hitherto seen . Certainly , had the Church contented Herself with the Apostolick Parity we plead for , the Man of Sin could not have mounted the Throne of Iniquity ; on which , for many Ages , he hath continued to the most pestiferous Infection and distracting Division of the Church , that ever Satan did excogitat , or Man behold . § . 2. Moreover , suppose they could with the greatest plausibility conclude the inconsistancy of Unity and Parity , they were yet to be neglected ; it being certain that , in the choisest Assembly the World ever saw , both of 'em were harmoniously lodged ; and that there are Christian Churches enjoying no less Harmony without Diocesans , than those who have ' em . Section V. The Argument Prelatists bring from Antiquity , canvass'd . THeir next Plea is from Antiquity : but for us it may be enough to say from the Beginning it was not so . Thus Christ answer'd the Pharisees : thus the Christians answer'd the Heathens alledging the Antiquity of Gentilism . They can give few or no Proofs for their Proposition from the first , and best part of the second Century : They pretend indeed to the Epistles of Ignatius , which , to say the best , are in divers places spurious , carrying Self-contradictions , vain Boastings and Flattery all along ; but of this more afterward . Other Catalogues and Memorials of the Bishops of the ancientest Times , were written long after , when Prelacy had got a higher ascendant , and the Mystery of Iniquity was more palpably working : therefore these Authors spoke according to , and in the Style of their own times , and not in the Style of the times wherein these Pastors lived . And here I say nothing , but what is vouch'd by Dr. Stilling fleet a . And , amongst many others , these his w●ords are most observable : for having taken notice that Eusebius makes it a most hard Matter to know who succeeded the Apostles in the Churches they planted , adds , say you so ? is it so hard a Matter to find , out who succeeded the Apostles in the Churches planted by them , unless it be mention'd the Writings of Paul ? What becomes then of our unquestionable Line of Succession of the Bishops of several Churches , and the large Diagrams made of the Apostolick Churches with every one's Name set down in his Order , as if the Writer had been Clarenceaulx to the Apostles themselves ? Is it come to this at last that we having nothing certain but what we have in Scriptures ? And must then the Tradition of the Church be our Rule to interpret Scriptures by ? An excellent way to find out the Truth doubtless , to bend the Rule to the croocked stick , &c. Again it 's certain that , for divers Centuries , Bishops were nothing like what they are now , either in exercising Civil Power , or Jurisdiction over other Pastors , or yet in the largeness of Dioceses ; so that the Term Bishop in respect of the two is little better than an equivocal . It 's certain also that the ancient Church wanted not her own Blemishes : which was well perceived by her Doctors , who still look'd on the Word of God only as the Rule of Faith and Manners , on which they never founded the Episcopal Superiority . Hence this their Argument carries nothing of Cogency . Section VI. The Instance of Aërius condemn'd by Epiphanius , prov'd to be unserviceable to our Antagonists . TO Illustrat and Corroborat this their Argument from Antiquity , they adduce the Instance of Aërius ; who was for this his Judgement of Presbytry , as well as for Arrianism , condemn'd and counted Heretick by Epiphanius . But it is certain that Epiphanius censur'd Aërius , not only for his being Anti-episcopal , and , as he believ'd , because Arrian , but also for his rejecting of Lents , set and Anniversary Fasts , and for denial of Prayer and Sacrifice for the Dead . Now either purer Antiquity join'd with Epiphanius in asserting of the necessity of Prayer and Sacrifice for the Dead , and other such Fopperies ; or they did not ; and if they join'd with him therein , then our Prelatists , if they be Protestants , are concern'd to reflect better of how little weight their Argument from the Ancients , pressing their unwarrantable Additions , can be unto them : But if they say that sounder Antiquity consented not to Epiphanius , while he urged Prayer and Sacrifice for the Dead , and such Anti-scriptural Fictions , we return that neither did the choicest of the Ancients agree with him in his Plea for Prelacy . The Judgement of Hierom is so well known herein , that the Bishop of Spalato a acknowledges that Hierom can by no means , yea not byforce be reconcil'd to their Cause . Hierome's Judgement ( saith Saravia b ) was private ; all one with that of Aërius , and contrary to the Word of GOD , wherefore we shall examine his Arguments . And on this account he is much offended with Hierome accusing him of Vanity , c Self-contradiction d , and Prevarication e ; And Alphonsus de Castro f sharply reproveth Thomas Waldensis another Papist , who had intended to pervert the Testimonies , which are commonly alledg'd for Presbytry out of Hierome : There De Castro having prov'd , out of divers places of Hierome , that he was truly for the Scriptural and Apostolick Idenity of Bishop and preaching Presbyter , concludes , against Waldensis , that of necessity there must be another way taken to Answer the Passages alledg'd out of Hierome for Presbytry : And at length flatly opposes himself to Hierome in this Matter , and saith , that we ought rather to believe the Decrees of Popes and Councils , than the Doctrine of Hierome , though both very Holy and Learn'd . And Medina , another Champion of the Hierarchy , cited by Bellarmine , asserts the same of Hierome , saying , He was of the same Judgement with Aërius in this Matter . Bellarmine g is very displeas'd with his Brother for his Ingenuity , and therefore attempts to bring Hierome over to the Episcopal Party ; but instead of performing this Task , he only fruitlesly endeavours to set Hierome at variance with himself . The like success had another of the same Fraternity , who , like Bellarmine , attempted to draw Hierome to his Faction , Bayly the Jesuit : h And yet with these , the most disingenous of the whole fry of Loyolites , some called Protestants stick not warmly to join themselves , and plead for a Patrociny to their Cause from Hierome . § . 3. Yea not only was Hierome of the same Judgement anent Episcopacy with Aërius , but also , as even the Jesuite Medina acknowledges , the most of the Greek and Latine primitive Doctors , and in special Ambrosius , Augustinus , Sedulius , Primasius , Chrysostomus , Theodoretus , Oecumenius , Theophilactus . This their Opinion ( saith Medina ) was first condemned in Aërius , then in the Waldenses , and lastly in Wicklef , but this Doctrine was either dissembled or tolerated by the Church in them for the Honour that was had to them , while on the other hand it was always condemn'd in these Men as Heretical , because in many other things they swerv'd from the Church . Many Papists and other Prelatists cannot away with this Medina's free dealing , and use many shifts to refute him , and draw these Fathers to their Party . But to use the Words of Rivet i , Whosoever shall consider their Answers collested by Sixtus Senensis Biblioth . lib. 6. annot . 319 , 323 , 324. they shall presently perceive that all their Distinctions are most pitifull Elusions , and that indeed all these Fathers were no less Presbyterian than Aërius , although they accommodat themselves to the Custom then received ; least for a Matter not contrary to the Foundations of Religion they should have broken the Vnity of the Church . What do our Opposits herein , but espouse what the Romanists , in whom any ingenuity remains , have long since disowned ? § . 4. But tho' Epiphanius were the mouth of all Antiquity , and the only fit Judge in this Controversie , the Triumph of our Adversaries should be very small : for Aërius to Prove the Idenity of the two , having adduced a parallel of many particulars , Epiphanius k denieth nothing of these to belong to Presbyters , except only Imposition of Hands ; he yeelds therefore that both of them equally have Power to Baptize , to occupy the Chair , and finally to perform all Divine Worship . Our Antagonists therefore offering to vouch the Prelacy they plead for , by the Authority of Epiphanius , promise much more then they can perform ; for what , pray , is this Power of Imposition of Hands , or Ordination , compared with what they covet , and pretend to support by Epiphanius , his Authority , I mean the , both great and many Differences between Bishop and Presbyter . § . 5. In the mean while Epiphanius his unjust dealing towards Aërius , is most palpable , for he sticks not to give out , that Aërius his Judgement of the Identity of Bishop & Presbyter , was look'd on by the whole Church as an intolerable Heresie condemned by the Word of God , when yet the quite contrary is so plain in the Writings of the Ancients down from the very Apostles , that even Epiphanius himself could not be ignorant thereof . Neither are his Deductions from Scripture more solid than his Allegation of the Suffrages of the Catholick Church , is true : all he brings from Scripture being 1 Tim. 5. 1. and 19. but he so grossy abuses these Scriptures that even Spalatensis l himself , and the ablest Patrons of Prelacy are ashamed of these Inferences . But Epiphanius had less exposed himself , had he , as he did in the Matter of Lents , set Fasts , Prayer and Sacrifice for the Dead , and other such his dear and beloved Doctrines , pretended only to Tradition ; and so the Lettice should have been fitted for the Lips , and also his miserable weakness have been less apparent . § . 6. And though in the last place , to render Presbytry more odious , they still upbraid us with the Arrianism of Aërius ; we need be little concern'd therewith , seeing we have the greatest Opposers of Arrians , intirely Aërians ( to speak in the stile of our Opposits ) in the matter of Presbytry , as we have already shewed . But I must here add , that it is upon no good Ground believed that ever Aërius was Arrian : all the Schisms and Divisions , though but very small , among the Arrians themselves are diligently described by the Historians of these times , as Ruffinus , Socrates , Sozomen , Theodoret , Theodorus Lector , Philost●rgius , and others ; but none of these or any others mention a word of the Schism of Aërius , which if we believe Epiphanius , was a Schism among the Arrians themselves : for he tells us that Eustathius Bishop of Sebastia in Pontus , from whom Aërius made the separation , was a down-right Arrian , and persisted therein till his Death . Add hereto that Augustine and others , who , in their Catalogues of Hereticks mention Aërius , still in their Preambles , intimat that their Author is Epiphanius . I name Augustine on the vulgar supposition that he is the Author of that tract de Heresibus , which yet is very doubtfull , seeing it 's altogether improbable that he ever heard off , & far less read Epiphanius his books 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 It 's altogether unprobable that they were then translated , and it 's certain that Augustine was utterly unable to understand them in the Original . Moreover , we have in that Tractat Relations of the Nestorian and Eutichian Heresies , not broached till after Augustine's Death . Which Relations , altho' some alledge to have been added by another to the rest , which they think to be really Augustines , yet seeing they are no less then the rest handed down under his Name ( tho' they now stand there as an Appendix , for in the end of the Pelagian Heresie which is the last before the Appendix , he promises more ) make a good proof that it 's not easie to discern the genuine part of that Tractat from the Spurious . However this be from what is said , the matter of Aërius resolves into this Issue , that we have only the report thereof from Basilius , and Epiphanius . § . 7. But that discourse of Basilius , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in which Aërius is mention'd , is suspected & well nigh condemn'd by Erasmus m And to confirm what he asserts , Robert Cock , in his Censure of the Fathers , adds divers Reasons , as I am inform'd by Rivet , n for I have not perus'd Cock himself ; neither need I , seeing in all that Tractat there is not the least mention of Aërius . The ground of somes mistake was , that instead of Aëtius , who indeed was a most noted and pernicious Arrian , by the escape of the Printer , or some other accident , the word Aërius had crept into Erasmus his Translation thereof : But in the Original , printed at Paris Anno MDXVIII , there is Aëtius , not Aërius . They have ( saith he o ) a certain old Quibble from Aëtius the head of his Heresie . And indeed Basil could never have term'd Aërius , or any thing said by him , ancient , seeing he was scarcely so old as Basil himself , As for Epiphanius , if we consider the Passion wherewith he manages the Debate with Aërius , and his great credulity of whatever might favour his own Cause , and his many Mistakes in Historical Matters , he deserves little Credit in this Matter . A mighty Tide of Passion , which both blinds Mens eyes , and opens their Ears to false Reports , visibly appears in Epiphanius his whole conduct of the Dispute with Aërius : and that he was most credulous , believing the most light and groundless Reports , and in matters of Fact , of all men most frequently fell into Mistakes , is attested , not only by Melchor Canus , and Baron , in many places of his Annals , among the Papists ; but also by the learnedest of the Protestants , as Casaubon , p whose words are : Epiphanius was a great Man , but , as is very evident , he did most easily believe every most silly and groundless Report . To which also the learned Rivet assenteth . § . 8. One Instance whereof appears in his Relation of the Donatists , whom , either out of misinformation , or some other weakness , he accuses also of Arrianism , and tells us q that they agreed with Arrius in Doctrine , and that one Refutation would serve for both . § . 9. Augustine r indeed speaks as if some of them believed the Son to be less than the Father : But , as appears from the same Author , s they erred rather in expression than reality ; for he presently absolves them from the Charge , and informs us , that between the Church and them , there was no Question concerning this Matter . And elsewhere , t he imputes this dangerous Expression to Donatus their Leader , who had used it in some of his Writings , but tells us with all that his Party follow him not herein . Neither ( saith Augustine ) shall ye readily find one among them all who knows that Donatus had any such Opinion . And Optatus u plainly declares , that in the great Foundations of Christianity , there was no difference between the Orthodox and Donatists . And indeed it is acknowledg'd by all , except Epiphanius , that the Donatists were only guilty of Schism , not of Heresie . § . 10. But Aërius ( they may object ) his Arrianism is sufficiently attested by what is recorded of Eustathius his Friend and Bishop : and indeed Basil x accuses Eustathius of Arrianism , but for ought I remember the Historians of these times differ from Basil. § . 11. They accuse Eustathius of Levity , Deceit , Macedonianism , or the denial of the Holy Ghost's Divinity , a most damnable Heresie , yet different from Arrianism . And herein also they represent him rather variable and unfixed , than intirely wedded to this Heresie . He once subscrib'd to the Orthodox Doctrine , and was approv'd as such by Liberius the Bishop of Rome , then Orthodox , and other Catholick Christians . But they write that he relapsed . In the mean while , when he was most for the Macedonians , he said as he would not call the Holy-Ghost God , so he durst not call him a Creature ; hence , he may rather be counted among these who were most dangerously shaken , than a down-right Macedonian ; and may for all is said of his Opinions plead for some Charity from all that well consider , the most dismal and dangerous Age wherein he lived . § . 12. But let him be an Arrian blacker than Arrius himself , it will be hard thence to draw any Conclusion concerning Aërius . For First , Basil , in the forecited place , tells us , that Eustathius was so cunning , as to perswade the ablest of these times that he was Orthodox ; and why might he not then put a Cheat on his own Presbytry . Secondly , Eustathius , as is related , was much given to Covetousness , and altho' Epiphanius carri'd out with Passion , for his Innovations justifies and praises him , that he may reach a harder Blow to Aërius : yet this his Avarice was one of the Grounds wherefore Aërius , ( as he professeth ) deserted Eustathius : and this I think is no less to be believ'd , than ought else we have from Epiphanius , uncharitably at least , wresting both his Words and Actions . And it is not improbable that he , who had the Conscience to dislike Eustathius for his Vices , might do no less on the account of his Errors . Thirdly , Aërius was priviledg'd by God with , both , eyes to perceive , and courage to oppose the unwarranted Festivals , superstitious Fasts , Prayer and Sacrifice for the Dead , and other such then growing Dottages , notwithstanding that they were so kindly imbrac'd by most Christians . Now I believe that hardly an Instance can be adduc'd , of any who set himself in Opposition to the whole World , by condemning such growing Corruptions , and attempting at least to stop the beginnings of Anti-christianism , and yet fell into this damnable Heresie wherewith they brand Aërius . I hope therefore , that henceforth all true Protestants shall inlarge their Charity , and be more backward to join with Romanists in bespattering the memory of him who did amongst the first declare his Detestation of the leaven of Romanism . § . 13. Had any thing written by Aërius , come unstain'd to our hands , I doubt not but we had got a far other account of his Creed and Doctrine : but the Zeal of these Innovatours prompted them to make all Opposers of their Fopperies grand Hereticks , and fasly stigmatize Truth 's Witnesses with what really deserved that name , and then overwhelm'd them with Calumnies ; and gave their Writings to the Flames for a Repository . This was the Fate of Vigilantius , Claudius Taurinensis , and others , of whose Writings nothing , except some mangl'd and deprav'd scrapes found in the bitter Invectives of their most partial and disingenous Adversaries , remains . § . 13. The Aërians are also remembred by Philastrius y They are so named ( saith he ) from Aërius , they give themselves to abstinences , and live mostly in Pamphilia , they are also call●d Encratites , i. e. Abstinents . They possess nothing ; They abhore Meats which God with his Blessing hath bestow'd on Mankind : They condemn moreover lawfull Marriage , alledging that it 's not of God's Institution . Thus Philastrius . § . 14. But to me it is not probable that any who deni'd , and despis'd all their Lent-seasons , Xerophagies , wherein nothing was eaten but dry Bread , and such rigorous Fasts and restraints , were ever addicted to Encratitick abstinences , whereby all use of Wine , Flesh , and other such Delicacies was probihited . Secondly , Epiphanius makes the Encratits and Aërians quite contrary Sects to one another , who sustained quite contrary Doctrines and Practices : for according to him z the former ate no living Creature — nor drank Wine . Which is also Attested by Eusebius a , and Irenaeus . b The latter Epiphanius , c according to his custom of turning all the Aërians their Practices into Crimes , will have to be excessive Gormandizers , and but to liberal to themselves in both Flesh and Wine : so far was he from joining with Philastrius in ascribing Encratitism to the Aërians . Thirdly , Another of the Heresies of these Encratites , was their rejecting much of the New Testament , and in particular the Epistles of Paul d . But so far were the Aërians therefrom , that they founded e the Doctrine , for which they are so much reproach'd by Epiphanius , viz. that of the Identity of Bishop and Presbyter , on these very Epistles of Paul citing 1 T●m . 3. 4. & 14. And the like places of Paul for Proofs of their Doctrine , which afterward was done by Hierome , and after him by the stream of Interpreters of these Places , and others that handled that Subject , and at this day by the Body of the Reformed Churches . From all which is evident the falsehood of what Philastrius alledges , and that the Aërians were far from being guilty of Encratitism or such Crimes , but they must needs first suffer the persecution of tongues as a preamble and preparative to make them a Prey more obnoxious to the violent hands of these who are beginning to dote on the Romish Superstition . § . 15. And so it fell out . For Epiphanius f himself tells us , that the Aërians were banish'd from Churches , Lands , Villages , and Cities , and that often times they lodg'd only in the open Air , all covered with Snow , and were oblig'd to seek shelter in the Woods and Rocks . Now what was the cause of this so violent hatred and hot Persecution ? Was it their being guilty of Arrianism ? sure not : For if we believe Epiphanius they were a branch of the Arrians , and , as he insinuats , liv'd among them . But suppose they did not , we find no such Persecution of the Arrians on the account of their Faith in these times , but only their Exclusion from the publick Churches . They being permitted in the mean while to keep their Conventicles in privat Houses , even at the very Gates of the greatest Cities . Add hereto ( which we trust we have evinc'd ) that Aërius never Arrianiz'd , and so they could not persecute him , and his Followers upon this account . From all that is now said , 't is clear , that we most seek another spring of this violent Hate and Persecution . And this I think may easily be reach'd and perceiv'd to be nothing else but the passionat Zeal , the World , declining more and more after Anti-christian Superstition , had for their set Lent-seasons , their Fasts of their own making , Prayer and Sacrifice for the Dead , their despotick Hierarchy , and other such preparatives of the Man of Sin 's appearance , all which were oppos'd by Aërius , and his Followers with more Zeal than they were by any others in the World at that time , and so had presently War made upon them by such as minded nothing more than worshipping the Rising-Sun of Unrighteousness . And indeed to me the whole strain of Epiphanius his Discourse clearly intimats , that not Arrianism but the opposing of these Dotages was the Ground of all this Hatred and Spight that was pour'd upon Aërius and his Adherents . § . 16. And now I have done with Philastrius : only I must observe , for which I mainly adduc'd him , that in him there 's no mention of Aërius his Arrianism , which , tho' a negative Testimony , yet exceedingly weakens that we have from Epiphanius , Philastrius being a Bishop , a Man of Credit , and of no less Antiquity than the other . In which Sentiment , I am confirmed from Rabanus Maurus g Bishop of Mentz , who only informs us , that the Heresie of Aërius consisted in despising Sacrifices for the Dead . From all which to me it 's more than probable , that there 's no ground to believe that ever Aërius Arrianiz'd . Section VII . No Diocesan Bishops in several Ancient Churches . THo' their Argument brought from Antiquity , be already satisfi'd , we shall yet give some Instances of Churches , which , for several Centuries , were really without Diocesan Bishops . St. Patrick , the Irish Apostle , is commonly said to have ordain'd several hundreds of Bishops in Ireland , who , I 'm sure , could not be Diocesans . Dr. Maurice , a being displeas'd with this Instance , rejects Nennius , the Author from whom we have the account of St. Patrick's ordaining 365 Bishops , as fabulous . But it 's not in their accounts of the numbers of Bishops , but of the Deeds and Miracles wrought by Bishops , and others of their Saints , that the fabulousness of the Writers of these times is commonly to be observ'd . He next quarrels with the common reading of that Author , alledging that He speaks only of the Bishops in France and Britain , in communion with St. Patrick , not of his Irish Bishops . But , I think , we may , in such critical Learning give Bishop Vsher the Preference , who b neither judg'd this Book fabulous , nor its common reading to be suspected . And this account of the great number of Ancient Irish Bishops , is strongly confirm'd by what Clarkson c cites out of Bernard and Baron , shewing that there were well nigh as many Bishops as Churches . This the Doctor passes over in silence , which was scarce fair enough dealling . Neither can the Doctor 's ordinary salvo , viz. that the Practice was not generally approv'd , nor of primitive Constitution , here serve them ; for whatsoever differ'd from the Roman Model , was presently made a Novelty . And tho' Bernard and Lanfranc dislike the Practice of having so many Bishops , yet they adventure not to instance any time wherein the Irish had been rul'd by a few Diocesans . And lastly , the Authors most regardable herein , inform us that this Practice of having so many Bishops had place even in St. Patrick's time , and meer infancy of the Irish Church . § . 2. Most visible footsteps of this also appear in the African Church , during the time of Cyprian ; for in that Council of Carthage , where he presided , there was no smal number of Bishops conveen'd , tho' doubtless there were many moe Bishops in Africk , who could not be all Diocesans , seeing few then were Christians in Africk , save a small part of the Roman Colonies only . Yea the hamlets and villages , these Bishops had for their Jurisdictions , are so obscure , that the learn'd Pamelius is at a stand where to place them . And , long after , in the time of the Vandalick Persecution , as Victor Vticensis relates , d there were in the Zeugitan or proconsular Province alone 164 Bishops : others reckon moe . Now this was but a small part of what the Romans possess'd in Africk , and few , beside the Roman Colonies , were at that time Christian ; for the Moors , or old Africans , who , beside what they had in the Cities , possess'd almost the whole Country , are by the same Victor without exception , call'd Gentiles ; and many of the Romans themselves had not yet imbrac'd Christianity . Now subduce , from that small number of the Zeugitan Province who were Christians , the many Arrians , and other Hereticks , and Schismaticks , whom these Bishops did not reckon as a part of their Flocks , and surely there shall scare be found so many as to make up above 164 Parishes . Dr. Maurice tells us e that all the African Bishops in Cyprian's time , could not have suppli'd the Dioceses of one Province , in the V or VI Century . Which , if true , is a strong Confirmation of what we plead for , viz. that they then were nothing less than Diocesans : seeing as is now evident , there were , even in the fifth Century , but a very small number of Christians in Africk , compar'd with the rest of the Inhabitans . And in Cyprian's time , it may well be judg'd that there were some hundreds of Bishops in the Roman Africk . But in such Cases , not the extent of Bounds , but number of Souls is to be considered . Wherefore he should be a wild Reasoner , that should conclude from Africa's having a dozen , or such a number of Bishops , or Pastors , for surely there were but few at the entry of Christianity , that there needed be no more afterward , and so make that number the Standard to discern how many Bishops , by primitive Right , were to be plac'd in all Africa . And this is a Kin to what he says f elsewhere , that tho' there were Bishops in small Towns , this was not the primitive State of the Church ; it may be indeed ; nor yet , at the first entry of the Gospel , were there Bishops in most part of the great Towns : but was this for fear of Multiplication of Dioceses ? no surely ; but these few were all could be then gotten . The substance of his Answer here is , that Africa was most large , fertile , popolous . The first of which is readily granted , but the second not so easily , much of these Regions being more fertile of sand and Serpents than of Corn and Wine : and this in part discredits the third ; seeing so much as was barren , is not to be suppos'd Popolous ; wherefore it 's surprising to find him making the Old Roman Africk more Popolous than France is now . He g supposes that Africk had but 500 Bishops , and yet might have 40000 villages . But I answer , that if the villages were considerable , and had Christian Inhabitants , for otherways this is nothing to this purpose , then had Africk 40000 Bishops : for H. Thorndick h acknowledges that Bishops in Africk were so plentifull , that every good village must needs be the Seat of an Episcopal Church . Which words of H. Thorndick are cited by Clarkson but dissembl'd by the Doctor . In the mean while , I can find nothing which can shake what I have said above , or overturn , as for example , what I have noted from Victor's words , and oblige me to lessen my substraction . Add to what is said the words of Dr. Burnet . In St. Augustin's time ( saith he i ) it appears from the journals of a Conference he had with the Donatists , that there were about five hundred Bishopricks in a small tract of ground . But we need not cross Seas in pursuit of ancient Churches free of Diocesans , seeing our Country Scotland affords us so luculent a proof of our Assertion . The words of Prosper Aquitanicus , in his Chronicle annex'd to that of Eusebius and Hierome , are most clear and cogent . Palladius ( saith he k ) is ordain'd by Pope Coelestine for the Scots that had already believ'd in Christ , and is sent to them to be their first Bishop . Never was a passage of any Historian more universally believ'd , than this of Prosper , which Beda● l , and a MS. Chronicle of Scotland in the Library of Glasgow , yea the whole stream of Historians repeat and approve : but none more amply and plainly , than Cardinal Baron m , whose words are , All Men agree that this Nation ( viz. Scotland ) had Palladius their first Bishop from Pope Coelestine . And again n thus you are instructed how to refuse these who alledge that Sedulius the Christian Poet , whom Pope Gelasius so much extolls , had for his Master , Hildebert the Arch-bishop of the Scots : for , seeing even Sedulius himself lav'd in the time of Theodosius the Emperor , how could he have had , for his Master , Hildebert the Arch-bishop of the Scots , seeing there was no Arch-bishop yet ordain'd in Scotland , and Palladius is without debate affirm'd to have been the first Bishop of that Nation . This is yet more plainly express'd by the most learn'd Antiquaries of our Country : all of them agree in this , that before Palladius , the Church was rul'd and guided without any Diocesan Bishops . For , as Fordun hath it o before the coming of Palladius the Scots , following the Custom of the primitive Church , had Teachers of the Faith and Dispensers of the Sacraments , who were only Presbyters or Monks . And Iohannes Major p saith , the Scots were instructed in the Faith by Priests and Monks without Bishops . And Hector Boethius q , Palladius was the first of all who exercis'd any Hierarchical Power among the Scots , being ordain'd their Bishop by the Pope , whereas before , their Priests were , by the suffrages of the People , chosen out of the Monks and Culdees . Add hereto the known Testimony of Buchanan ; and of Sir Thomas Craig , To pass over ( saith he r ) that most silly ' Fable of the three Archflamins , and the twenty eight Flamins ; it 's plain that there was no Bishop in Britain before Palladius , who is by the English themselves call'd the Bishop of the Scots ; or if either the Brittons or English have any , let them name them , and at what time they flourish'd . § . 3. Yea so clear is this Truth , that the most learn'd of our Adversaries have found no better way to elude , when they cannot clide it , than , as Torniellus in another case said of Bellarmine , to endeavour the penetrating of a most firm wall , and cast the History about fourty of our ancient Scotish Kings , as a forg'd legend . Among these is Loyd Bishop of St. Asaph : but both he and Dr. Stillingfleet are nervously refuted by the learn'd Sir George M●kenzie Advocat ; and that their main purpose and undertaking was utterly desperat , he makes soon appear . And tho' ( saith he ) this Author could prove , that we were not settl'd here , before the year 503 yet that could not answer the Argument . ( viz. that is brought against Episcopacy from the Scotish primitive Church-government for the Culdees might have been settl'd before that time . And thus , in a few syllables , he demonstrats that the Bishop , as to his ultimat design , had only his labour for his cost . But Sir George being too sagacious not to foresee , that , from the mutual strugglings between himself and the Bishop , any man might easily conclude , that Presbytry was the primitive Government of the Church of Scotland : and having been one of the prime Instruments to put in execution the prelatical Fury , judg'd himself concern'd , in credit , to say somewhat in favours of Episcopacy , and attempt the stoping of such an Inference . Wherefore , to this purpose , in a Letter to the Earl of Perth , prefix'd to the defence of the Antiquity of the Royal Line of Scotland , He makes several assayes : The first whereof is , That this is one of the meanest Arguments , that ever were us'd by a Presbyt●rian : — And that it is a weak Argument , ( saith he ) appears from this , that I have met with very few Laicks in all our Countrey , who had heard of it ; nor with one , even of these few who had valu'd it . But be it so that the Argument seem mean , we gain notwithstanding a most sufficient Argumentum ad hominem , seeing our ablest Adversaries value it so much ; yea , Sir George himself clearly acknowledges this , while he saith , and what can the Presbyterians think of their other Arguments , which they value much ? since this , which they valu'd so little , is thought of such force by a learn'd Bishop , as to deserve a whole book , the cutting off of 44 Kings , and the offending a Nation of Friends . But it 's nothing tho' the Laicks had neither valu'd nor heard it , seeing , as himself grants , Blondel , with whom join the rest of the Presbyterian Writers , urg'd it . Hence appears , that this Argument is , by both Parties , judg'd to be of great force and consequence : for the solution whereof , the Advocat brings nothing save what is altogether unworthy of any ingenous man. As for example , since ( saith he ) it cannot be deni'd , but that these who ordain'd our Presbyters were Bishops ; it necessarly follows , that Episcopacy was settl'd in the Christian Church before we had Presbyters or Culdees . Wherein , as to the solution of our Argument , which was the scope of his Letter , he only begs the Question , and gives us what is impertinent thereto , and contradicts , moreover , these our Historians , whose credit he so excellently vindicats , seeing , as we heard , they plainly tell us , that our ancient Anti-diocesan practice was the very custom of the primitive Church . And , when our Historians say that the Abbots of Icolm-kill had Jurisdiction over all the Bishops of the Province , that is to be understood , as Beda observes , more inusitato ; after an unusual manner . And yet he compares this practice of the Abbot to that of a King who makes one a Bishop , and to the practice of a Mother who makes her Son a Church-man : now if it be any strange or surprising thing for a King , by his Congé d'eslire , to make one a Bishop , or for a Mother to educate her Son in order to be a Church-man , and procure some place for him , let any man judge . And , later Historians ( saith the Advocat ) meeting with these ambigous words in our Annals Designatus , Electus , Ordinatus , were , by a mistake , induc'd to appropriat these words to the formal Ceremony of Ordination and Imposition of hands . As if any man in his wit could take these words to mean any other thing than Ordination , providing they be , as they are in our Annals , spoken of one Church-man in relation to another . Moreover , he knew sufficiently that the best Records of our Country expresly say , that our Church was rul'd by Presbyters without Bishops , and so leave not the least room for tergiversation . Bede is one of these Authors who creat them so much vexation ; for speaking of Icolm-kill , the Isle ( saith he s ) still uses to have for its Rector an Abbot , who is a Presbyter to whose Jurisdiction the whole Province and even the Bishops themselves , after an unusual manner ought to be subject according to the example of their first Teacher , who was no Bishop but a Presbyter . Hence it 's clear , that even in Bede's time , Bishops were but of smal note here , and their power much less than in other Churches . They are therefore much pain'd with Bede's words , and chiefly St. Asaph , who , amongst other odd things he excogitats , tells us , that the Superiority this Presbyter had over the Bishops , was only in respect of the royalty of the Isle which the King gave the Abbot . As if ever Bede , or any man else could have mark'd such a Superiority as strange and unusual , it being nothing but what every Prince or Lord of any place still practises ; who , altho' he subject himself to a Bishop in Spirituals , yet in respect of Temporals and the Royalty , uses to retain the Superiority . But , which ' utterly spoils the Bishop's comment , Bede t tells that all Columbanus got , was the possession of a little Isle , able to sustain about five Families , for building of a Monastry , without the least mention of his being invested with the Royalty thereof , or any other Island : and yet to him were all the Bishops of the whole Province ( all the Bishops of Scotland , saith the Saxon Chronicle , cited by the Bishop himself ) subjected , so that this pretended Royalty of Columban over the Island , becomes a vain dream , & tho' 't were real could do him no kindness , the whole Prouince being certainly a far other thing than any such Island ; wherefore the Superiority this Presbyter had over these Bishops , must needs have been in Ecclesiastick affairs ; and this was really remarkable and unusual . But of this enough ; for , whosoever believes that the errand of this most ancient Preacher and Propagator of Christ's Kingdom , was to win an earthly Kingdom to himself , and that the King shar'd with him his Soveraignity and Realm , may as soon swallow the whole legend of Constantine's Donation to Sylvester . But to return to the Advocat , as , in the things that he touches , he wholly prevaricats , so he never handles our main Argument , which is taken from what is related of our Churches practice , preceeding the coming of Palladius . He only refers to Spotswood who says u Buchanan is of opinion , that before Palladius his coming there was no Bishop in this Church ; — what warrant he had to write so , I know not , except he did build upon that which Joannes Major saith , speaking of the same Palladius ; — The Scots ( he says ) were instructed in the Christian Faith by Priests and Monks , without any Bishops . But from the instruction of the Scots in the Faith to conclude , that the Church after it was gathered had no other form of Government , will not stand with any reason . For be it as they speak , that by the Travels of fome pious Monks the Scots were first converted unto Christ ; it cannot be said that the Church was ruled by Monks , seeing long after these times it was not permitted to Monks to meddle with matters of the Church , nor were they reckon'd among the Clergy . But it 's strange how he can alledge Buchanan to be supported by no Authors , except Major , for Palladius his being Scotland's first Bishop : he could not but know , that not only Major , but also Fordun , Bede , with many others within the Isle ; Prosper , Bergumensis , and , among the later Historians , the Magdeburgenses , Baron , with many other Transmarines , assert it . And this last affirms that none can deny it . § 4. It 's true , Spotswood says x that Boeth out of ancient Annals reports that these Priests were wont for their better Government to elect some one of their number , by common suffrage , to be Chief and Principal among them , without whose knowledge and consent nothing was done in any matter of importance ; and that the person so elected was called Scotorum Episcopus , a Scots Bishop , or a Bishop of Scotland . But they reap little advantage here , for in Boeth's words ( y ) there is no mention , as the Bishop without book affirms , whether these Annals were ancient or modern . But whatever they be Hector gives ground to believe that he had Annals declaring the contrary , as appears by his words above cited , where he homologated that common sentiment of Christians , and told us that Palladius was our first Bishop , and that none before him had any Hierarchical Power in Scotland . To alledge therefore Boethius as espousing their cause here , is ony to set him at variance with all Christians , and by the ears with himself . But grant it were as Spotswood says , yet there should no small dammage accreu to their Cause , seeing , on supposition hereof , it follows , that the Episcopal Ordination was altogether wanting in the primitive Church of Scotland ; it not being supposeable that this one man could Ordain all the Pastors in Scotland , yea , that even this their great Bishop had no other Ordination himself , but what he receiv'd from Presbyters . § . 5. The Bishop's following words , from the instruction of the Scots in the Faith &c. are altogether void of reason . For it 's granted that after the coming of Palladius ( which is the time whereunto he must refer the gathering of the Church ) she then indeed began to have another Government , and never man yet pleaded , that , because the Church of Scotland was not govern'd by Bishops before Palladius , therefore 't was not really govern'd by them after his coming ; which is the Inference the Bishop's words seem to deny . But I believe there is more in them , for they are abstruse : and judge their meaning to be , that tho' we had no Bishops before Palladius , yet this can be no ground to conclude that we ought to have none afterward , our Church being then rude and in her infant state . The Advocat is of the same mind , saying , that before Palladius his time our Church was constituenda or unsettl'd . But who can believe it ? For , first , it 's generally suppos'd that Palladius came to free this Church from Pelagianism , and not to establish Church-government . Secondly , Is 't credible that the Church of Scotland , after so long a continuation and flourishing of Christianity , had been , rather than any other Churches , without any certain form of Government ? This is certainly a thing unparalellable , even according to our Adversaries , who tell us that every Church very soon after its beginning had its Diocesan Bishops , and so a certain form of Government . Thirdly , Yea altho' many other Churches had been without all Government for such a tract of time , there is ground to believe that Scotland could not ; they lying most of this time under the persecuting Sword , whereas we read of no persecution in our Church , even while our Kings were Pagan ; and our King Donald the I , the first crown'd Head in the World that ever subject'd it self to Jesus Christ , very much encourag'd the Christians , and was seconded herein by severals of his Successors . And altho' some of 'em were vitious , and their Reigns short , or vex'd with Wars , yet such trouble never struck directly against Christianity , like the fury of the Pagans throngh the rest of the World : and others were both excellent Men , and had longer and peaceable Reigns , as Findochus , and Cratilinthus , but especially Fincormachus , an excellent man and a great promoter of Religion , and therefore , as is most presumable , was a great Instrument under God , for the settlement of our Church-affairs . Add to all this , Fourthly , That the terrible Storm of Persecution through the Roman World , drove then from the Brittons , and other places , no small number of excellent Men to Scotland , who doubtless did no small service to God therein , and especially in the time of Fincormachus , when , as all observe , a great many fled hither who were famous both for Life and Doctrine , yea long before this even in the time of Tertullian , our Church was well known to much of the Christian World , as appears from his clear Testimony . The places of Britain ( saith he y ) to which the Romans could not yet pass , are notwithstanding subject to Christ. And if any have called Scotland barbarous , or not well reform'd before the coming of Palladius , Sir George learn'dly refutes them ; and names severals , and among them even Stannihurst , otherways an enemy to our Nation , who have done it : and he well observes , that the reason why some speak of us as then not well enough reform'd , was because of our want of agreement with the Church of Rome . § . 6. As to the last part of the Bishop's discourse , saying , that it was not permitted to Monks to meddle with the matters of the Church &c. And wherein he is seconded by St. Asaph , who falls foul on Presbyterians on this account , as if they were darkners of all Church History &c. They should know , that as our Historians call'd these Monks , they also call'd them Priests , sometimes Presbyters , or Bishops , or Doctors , and frequently Culdees . Our people ( saith Boeth z ) also began most seriously at that time to embrace the Doctrine of Christ , by the guidance , and exhortation of some Monks ; who , because they were most diligent in Preaching , and frequent in Prayer , were call'd by the Inhabitants , Worshippers of God : which name took such deep root with the common People , that all the Priests , even to our time , were commonly without difference call'd Culdees , i. e. Worshippers of God : Elsewhere this Author call'd these Teachers and Guides indifferently Priests , Monks , and Culdees . Thus also speaks the best of our Historians , some of whom we have heard calling them Presbyters , and Admistrators of the Sacraments . Hence 't is clear , that when they call them Monks , the word is not to be taken in the later Popish sense , for a Layhermite ; for these our primitive Pastors were only call'd Monks , by reason of their strictness of life , and frequent retirement to Devotion , when the publick work of the Ministry did permit it , and perhaps also divers of them abstain'd from Marriage , that they might keep themselves free from the World , and its care , without urging this on others , as was the practice of the famous Paphnutius in the council of Nice : From all which I conclude , that before the coming of Palladius , we had a settl'd Church without the least umbrage of their Hierarchy . § . 7. I add , that long after that , it had but very slender footing here ; seeing , according to Spotswood , they had no distinct Titles or Dioceses , whose words a are , neither had our Bishops auy other Title ( then that of Scotorum Episcopi , or Scotish Bishops ) whereby they were distinguish'd , before the days of Malcomb the III , who first divided the Country into Dioceses , appointing to every Bishop the limits &c. Yea , after most strict search , b for a long time posterior to Palladius , he can scarce find the least footsteps of Episcopacy . And again , long it was after the distinction of Dioceses , before they were admitted to any civil Places or Votes in Parliament , Hence nothing is more certain than that , for many Ages , the Church of Scotland knew nothing of their Hierarchy : the first Rudiments whereof were bronght from Rome , which was sent packing thither again , when we renounc'd our obedience to Anti-christ . § . 8. Take but one other particular , and I take leave of the Advocat : he 's much displeas'd with St. As●ph terming him a Caresser of Fanaticks , for affirming that in consequence of this our Argument taken from the confess'd Practice of our primitive Church , we might reasonably conclude , that when we covenanted against Episcopacy , we had only us'd our own right ; and thrown out that which was a confess'd Innovation ; in order to the restoring of that , which was our primitive Government . A notable and never to be forgotten Concession of so learn'd an Adversary as is this Bishop . Let 's hear what the Advocat returns him . It will not follow ( saith he ) that because our Church in its infancy and necessity was without Bishops for some years ; therefore it was reasonable for Subjects , to enter into a solemn League and Covenant , without , and against the Consent ef their Monarch ; and to extirpat Episcopacy settl'd then by Law , and by an Old Prescription of 1200 years at least . But this most unfair Representation of our Arguments antecedent is , I trust , now sufficiently discover'd : wherefore , I have nothing to do here with it , not yet am oblig'd to evince the consequence he denies , seeing 't is not to be accounted ours but his own , who made the antecedent . Of the Grounds why the Nation entred into a Covenant , I also discours'd already . In the mean while , I can't but take notice of his settling Episcopacy by Prescription ; a Romish Argument , which , whatever it may do in Law , has no place here . His Prescription , I 'm sure , essentially differs from that of Tertullian against the Heresies of his time , seeing he liv'd in a very early Age , when especially , if ever , Prescription could have place in the Church , and the Doctrines which he defended were generally and uninterruptedly held by the Pastors , even from the Apostles times , and more ancient than the Heresies , against which he prescribes , whereas in the present case all things are clean contrary . For , as the Advocat himself here supposes , the original of Scotish Episcopacy is several Ages posterior to that of the Apostles ; so that if the Argument could militat for either Party , it serv'd well the Church of Scotland against Prelacy , and not at all e contra . But tho' things had been quite otherwise , there had been no fear of harm from their Prescriptions ; seeing , as Vincentius Lerinensis admonishes c In refutation of inveterat Errors , we must recurr to the sole authority of the Scriptures . And Optatus Milevit . plainly asserts that Christ's Testament abundantly suffices to determine all , and every particular Controversie among Christians . Thus we see how pleasant a spectacle these two Champions afford us ; the Bishop forms the Major Proposition , and asserts , on supposition of the Antiquity of our Royal Line , and veracity of our Historians , that our Church acted with reason enough , and was only recovering her own Right , when she cashier'd Prelacy . The Advocat , in attempting to disprove this the Bishop's Proposition , has only giv'n such prevarications and elusions , as most strongly confirm all the dis-interested of the truth thereof . As for the Minor Proposition , that our ancient Royal Line is not forg'd but real , and our historical Monuments most true and credible , the Advocat himself , to the conviction of all the unbyass'd , in both his Books , makes appear . It remains therefore as a conclusion of undoubted verity that our Church was acting most rationally , and only recovering her own Right , when at any time she expell'd Prelacy , together with all its Innovations . § . 9. There is yet another Advocat of the Party , whose look is more stout than his Fellows . We shall try if his reason be answerable to his confidence . I mean A M. D. D. ( I shall design him D. M. ) The Author of a late Book call'd , An Enquiry into the New Opinions ( chiefly ) propagated by the Presbyterians in Scotland . Who , d in opposition to the Defender of the Vindication of the Church Scotland , handles the same Argument at large , and supposes , as a main Ground of his Discourse , that his Antagonist denies , that there is any force in Argumento negativo . To require ( saith D. M. ) that a matter of Fact be attested by competent Witnesses is , in the language of our Author to raze the Foundation of all History . He spends therefore about 14 pages , to prove that a negative Argument in some Cases may have place . But vainly , seeing the Author of the Vindication does not once insinuat e that a negative Argument can in no Cases be us'd , or that to require competent Witnesses in a matter of Fact , is to raze the Foundation of all History . Yea he believ'd that there were Witnesses so competent for his Assertion , that no Argument , whither negative , or of whatsoever kind else , shall ever be able to darken their Testimony , and that we have as good ground for our ancient Church , her being without Bishops , as for any other part of our Nations Antiquities . And indeed the Argument the Apologist , whom D. M. would vindicat , us'd , levels at all parts of our ancient History , no less then at the thing under debate . The Argument was , There were none that lived near that age that wrote the History of it , and the Monks who wrote any thing were extreamly ignorant . Now this , if it do any thing to the Author's purpose , equally shakes and overthrows all parts of our ancient History , seeing with the like force and success it may be brought against any of ' em . Justly therefore repones the Defender of the Vindication , that this is at one blow to raze the Foundation of the History of our Nation , and that of most others : and to make them all to be Fools , who have enquired into these Antiquities that concern our Nation , and others : such as Fordon , Major , Beda , Usher &c. whereto , all , D. M. rejoins , is , that many collateral proofs may be brought from the Roman Historians , that the Scots inhabited that part of Britain , long before the imaginary period of his Presbyterian Church . — And the manner of reckoning the Scotish Genealogies at their Marriages , their Births , and other remarkable Solemnities , was an infallible conveyance of true , constant and perpetual Traditions . Their Bards whose Science it was to repeat those Genealogies upon solemn Occasions , & to celebrat their greatest Atchievements in verse , could not add one to the number of their Kings , but upon the Death of his Predecessor . But in all his Discourse , there is wrapt up a concession of all the Defender of the Vindication charg'd on the Apologist ; seeing he evidently intimats , that unless it be assertin'd some other way , nothing in any of our Countries Historians merits any credit . And to confirm this , I except , ( saith he ) against all the three , ( viz. Fordon , Major and Boethius ) that none of 'em , could be a competent Witness in Affairs of that nature at so great a distance from their own time , unless they had named the Authors and Records upon whose Testimony their Relation was founded . As to his mentioning of collateral Proofs &c. it is a meer Sham ; seeing , if once we yeeld with him , that no credit is due to any of our Monuments now extant , except what is confirm'd by some exotick Records , how sorry an account have we of any of our Antiquities of whatsoever kind ? which forraign Testimonies notwithstanding may , if compar'd with our Writers , give light to our Histories . I 'm sure moreover , notwithstanding of whatsoever old Traditions , or Bard's verses are mention'd , all or surely most of these now being lost , or , tho' extant , mostly unintelligible , our Royal Line could never be asserted without ascribing to our Writers , both the reach and integrity of able and faithfull Historians . And yet D. M. is not afraid to compare his Apologist negative Argument to another of Eusebius lib. 3. Where ( saith D. M. ) by this very Argument , he overthrows the authority of several Books that some would impose upon the Church , meerly because they were not duely attested , and none ef the Ancients brought any Testimonies from them . But Eusebius saw and perus'd these Ancients , who either directly or occasionally mention'd all the Canonical Books , and so justly their silence overthrew the Authority of the Spurious , and baffl'd the credit of their Imposers : but has D. M. or his Apologist , seen or perus'd all the Monuments from which our Historians took their materials , and which were lost long before either of them were born ? Can they from these Records , tho' they would fain do 't , rub shame upon all the Historians of our Countrey , as a creu of lying Forgers ? seeing then , that this is impo●●ible to be done , and that , as the Advocat has solidly made out , they were men of sufficient Candor and Reputation ; seeing they us'd many ancient Reeords now lost , and were of sufficient Discretion and Knowledge to distinguish genuine from fictitious , seeing they relate what we plead for with no less unanimity and concord than they do any thing else , and either profess , or sufficiently enough intimat , that they brought all their Composours from ancient Records , seeing that their Judgement is confirm'd by unsuspected Forerunners both ancient and modern , yea and suffrages of all mankind , who had ever any occasion to speak of this matter , seeing what they relate is so far from being fabulous , that our ancient Church-government they mention is sufficiently attested and acknowledg'd by the fiercest of our Adversaries to be truly Apostolick , and seeing , lastly , as we have heard , Prelacy , for a long time after Palladius , was of far less bulk and power in Scotland , than in other Churches ; the Apologists negative Argument has just as much consanguinity with that of Eusebius , as is between a down-right Paralogism , and a solid Deduction : yea I averr moreover , that considering Prelacy was then at its Ela in Scotland , and none of our Historians at least before Buchanan were Presbyterian , nor could reap any Advantage by disobliging the Prelats , any one of their Testimonies alone might give sufficient ground to believe that what they said was well founded on good and ancient Records . § . 10. But after a long , and , as himself truly says , needless digression , he comes to examine our Testimonies , and will have Boethius to contradict the rest , alledging that his meaning is not , that Palladius was the first Bishop , but only the first sent from Rome , but of Boethius already . Here D. M. falls foul on Blondel as a corrupter of Boethius , because he said as out of him that the Presbyters elected and ordain'd their Bishop . There is nothing ( saith D. M. ) said by Boethius , but that the Bishops were elected from among both the Priests and Monks . And true it is there is no more said in the words D. M. cites , but 't is as true that elsewhere f Boethius expresly says , that the Pastors , Priests or Culdees themselves by common suffrage elected this Pontificem or Prefect . Add hereto , that , if Boethius have said ought inadvertantly or obscurely , he is to be correct'd or explain'd by the harmonious and most express Testimonies of Fordun , Major , Buchanan , Craig , and other such most learn'd of our Antiquaries , all of whom are , beyond scruple , most positive for what we affirm . § . 11. Next he assaults Prosper's Testimony , alledging that , according to Baron , Palladius was not sent to the Scots in Britain , Baronius ( saith D. M. ) never thought that Palladius was sent by Pope Coelestine to the Scoto-Britanni , but rather to the Irish. And , whatever the Testimony of Prosper be , Spondanus and Baronius leave the Vindicator , for they understood Prosper ' s words of Palladius his mission to Ireland , and not to that part of Britain , which is now call'd Scotland . To prove this his Assertion he adduces , but , which was his wisdom , untranslated , these words of Baron g ; that he ( viz. Palladius ) was brought also into the Isle of Ireland , but was soon taken away by Death , is related by Probus , who wrote the Deeds of St. Patrick . Egregiously reason'd ! Probus saith that Palladius went once into Ireland ; therefore Baron thought the words of Prosper not at all to be understood of his coming into Scotland . Surely this Author may be allow'd a chief place in their next Book of Sports for the Sabbath . Yea these words , that he was brought also &c. seem clearly to hold forth that he was sent to another place beside , out of which he came into Ireland , and what place this was , the immediatly preceeding words evince h the same year and in the time of the same Consuls St. Prosper saith that Palladius was sent to the Scots , being ordain'd the first Bishop . That he ( continues Cardinal Baron ) was brought also into the Isle of Ireland &c. Where 't is most evident that Baron distinguishes the Scots , to whom Prosper saith Palladius was sent , from the Inhabitants of Ireland . But , to cut off all further debate of this matter , the Cardinal clearly demonstrats what we plead for , while he expresly says , i that they highly honour Palladius his Relicts which are buri'd in the Mernes , a Province of Scotland . And the Cardinal continuing his Discourse of the same Scots , whose first Bishop , in his Judgement Prosper makes Palladius to have been k , saith that their late Queen ( viz. Mary ) was the Glory of the Catholick Faith , and a Martyr : but I insist not on a matter so evident , the Advocat hath learn'dly made it out , and prevented all such attempts of D. M. and the like Enemies of our Countrey . § . 12. He having thus abus'd Baron , prepares next for the depravation of Prosper himself , telling us , that all that can be inferr'd is , that Palladius was the first Bishop of the Roman mission . But Prosper's words are clear and without any such limitation . Palladius ( saith he ) is ordain'd by Pope Coelestine for the Scots that had already believed in Christ , and is sent to them to be their first Bishop . Behold our very Assertion , and why we should yeeld it , and in lieu thereof imbrace its contrary , I am yet to learn. He adds , that as soon as the Pope aspired to his unlimited and universal Supremacy , there were several Bishops sent to other Churches , already constituted , not to introduce Episcopacy , which was the Government of the universal Church , but rather a subjection to , and uniformity with the Roman See. But tho' all this were as true as some of it is false , it 's nothing to the purpose , except he find good Authors , wherein a Bishop sent to a People , who not only were Christians , but also govern'd by Bishops before he came , is called without restriction their first Bishop . And Boethius ( continues D. M. ) understood the History of Palladius in this sense , Which tho' 't were yeelded , stands him in little stead , seeing all the Historians & Antiquaries of our Countrey , and , as we have heard from Card. Baron , with whom joins our learn'd Advocat , all men every-where else understand Prosper in the sense we plead for ; believing that there was no Bishop in Scotland before Palladius . But 't will not satisfie D. M. to wrest Prosper's words , except he also at once overthrow his whole Chronicle , telling us , that it is not thought by the learned to be the genuine Work of Prosper . All he brings for this , is a conjecture of Petrus Pithoeus , fancying that the Chronicle ascrib'd to Prosper , & appended to that of Eusebius & Hierome , is of a different stile from that of a confus'd fragment , which he took for a part of the true Prosper's Chronicle , & wherein there is nothing concerning Palladius . But why the meer conjecture of one man should be enough to discredit that Chronicle so universally ascrib'd to Prosper , I leave to the Judgment of the learned . Vossius l indeed mentions this fragment , but if it be preferable to the vulgar Copy , determines not : neither , for ought I know , did ever any save , D. M. embrace this faint Conjecture of Pithoeus , and indeed there must be brought incomparably better Arguments before that confus'd fragment either be preferr'd to , or vye with the universally receiv'd Copy , immemorially , under Prosper's name , affixed to Hierome's Chronicle . Moreover , seeing this Schred is most disordered , and the words now under debate most universally believ'd to have been written by Prosper , 't is highly probable , on supposition that this fragment is a part of the true consular Chronicle , that it once contain'd that passage , tho' , throw mutilation , and either negligent or malicious transcribing , it hath now lost it : however the matter be , we are at no loss ; for never was there a sentence more unanimou●ly ascrib'd to any Author than this concerning Palladius is to Prosper , and is by all , both ancient and modern acknowledg'd m : so that all their endeavours to prove this passage supposititious , and that it belongs not to Prosper , or some else of equall Antiquity , and Authority , are the last efforts of meer desperation , And indeed had they not in defiance of the whole Christian World and Truth it self , resolv'd per fas aut nefas to maintain that there was never a Church without Diocesan Bishops before the time of Calvine and Beza , they had never adventur'd their skulls on what is so hard , firmly bottom'd , and so universally believed . Have we not already heard fully , how the most knowing and zealous for Prelacy while they sustain'd the truth of our Countrey Histories , and yet labour'd to disprove what we now plead for , gave only , in favours of their latter Assertion , triffles so empty , and prevarications so apparent , that 't is most presumable they believ'd nothing of what they said , & how the most learn'd of the Episcopal Perswasion acknowledg'd the truth of our Assertion , on supposition that any credit is to be given to our Historians , with whom also joins the learn'd Dr Stillingfleet n , So ( saith he ) if we may believe the great Antiquaries of the Church of Scotland , that Church was governed by their Culdei as they called their Presbyters without any Bishop over them for a long time . He gives also instances of other ancient Churches without Diocesan Bishops . § . 13. It had been more manly therefore and honest for D. M. to have at least attempted a refutation of Dr. Stillingfleet , than to have dar'd his Adversaries to bring but one example of Churches without Diocesan Bishops , seeing he knew there were store already giv'n even by Episcopals , no less than Presbyterians , which hitherto stand unanswered . Let them also chaw their cude on that famous and well known Distinction of a first and second primitive Church acknowledged by Semeca and others , even Popish Divines , notic'd by Vsher o and embrac'd by Stillingfleet p , in the former whereof Diocesan Episcopacy was not yet come in fashion , nor was any such thing as a Difference , either in Name or Office , between Bishops , and Priests or preaching Presbyters , then in Being . From all which judge with what brow D. M compares the account of our ancient Church-government to a supposed Fiction of the King of China , and his Presbyterian Lady . And by this dealling of D. M. I am put in mind of another piece of his Art , who q averres that all brought by Salmasius and Blondel to prove that Hierome was for the Scriptural and Apostolick Identity of of Bishop & Presbyter , and whatsoever is said by them , for Presbytry is refuted by D. Pearson in his Vindic●ae Ignatianae . I must not ( saith D. M. ) transcribe the acurat and unanswerable Dissertations of several learned Men , who have sufficiently exposed the Writings of Blondel and Salmasius on this head , particularly the incomparable Bishop of Chester ( vind ▪ St. Ignat. ) But no where did ever Dr. Pearson ingage with these Authors on this subject , nor does he any such thing , only he has some few excursions which touch not the marrow of the Controversie , and therefore is nothing to D. M's purpose , whether the advantage be yeelded to Salmasius and Blondel or to Dr. Pearson . He abuses also some passages of Hierome to prove him self-repugnant , but all such depravations had been by Iunius and others against the Papists , and by Stillingfleet in his Irenicum clearly discover'd , & the places unanswerably vindicated , even before he wrote his Vindiciae , which their vindications of Hierome , as also many other defences of the same Author brought by Salmasius and Blondel , he scarce once adventures to handle . But he has vindicated Ignatius , they will say , and this is enough . But suppose that he had as really evinced these Epistles to be the genuine Work of Ignatius , as he 's groundlesly pretended to have don 't , yet so far is their inference from being good , that as we shall hear , the quite contrary follows , viz. that in the Ignatian age , Bishops were all one with the Pastors of single Congregations . Hence it appears that this was one of D. M's pious Frauds to skarr his vulgar Reader ( for others he could not hope to catch thereby ) from the New Doctrine of Presbytry . Section VIII . Prelacy opposite to the Principles of our Reformers . I Said , when we renounc'd our Obedience to Anti-christ , we sent , amongst the rest of the Romish leaven , Prelacy packing thither : which , tho' we had no more Arguments , our Confession of Faith compil'd by our Reformers clearly evinces . We detest ( say they ) Antichrist's worldly Monarchy with his wicked Hierarchy . Of which Hierarchy , as is acknowledg'd by the Council of Trent a , & Bellarmine b , the Bishops make a principal part . And the Episcopal Office with its distinction , belong solely to their Hierarchy , otherwise , they confess , there 's no Difference between Bishop and Presbyter . At them therefore these words of the Confession must especially level . And his subtility , who would save the Prelats from this blow , by seeking the foundation of a distinction where 't is not ; as if by the word Wicked , the Confession pointed at another Hierarchy which is Pious , must be reckon'd , by all the disinterested , to nigh of kin to his pericranium , who , to save another part of Romanism , made a fair distinction between Lawfull and Vnlawfull Idolatry . I say , it can be no otherwise here ; for , to speak truth , their Hierarchy is nothing , save the Corruption of Church-government , and pride of her Governours , rais'd by certain stories , and tending towards the Papacy , as its highest pinacle , whereof both name and notion owe their Original to one , who indeed was not the Father of lies , yet in lying came so near him , as readily any copy to its Original . I mean the false Areopagite , whose whole Book may really be term'd a fardel of Fictions . Moreover , this Confession was compil'd in the year 1581. when Prelacy had been unanimously by the whole Assembly , in the preceeding year cast out of the Church . And for many succeeding Assemblies , their Declaration of their dislike and hatred of Prelacy , and approbation of this Confession , went hand in hand , with whom then in both of these , the King's Majesty join'd . For the Assembly at Glasgow 1581. consisting for the most part , of such as voted , and were present in the Assembly at Dundie , in the preceeding year when Prelacy had in terminis been renounc'd and ejected , declares that they meaned wholly to condemn the whole estate of Bishops , as they are now in Scotland , — and that this was the meaning of the Assembly at that time . The King's Commissioner presented to this Assembly the Confession of Faith , subscribed by the King , and his houshold , not long before , together with a plot of the Presbytries to be erected , which is registrat in the Books of the Assembly , with a Letter to be directed from his Majesty to the Noble-men , and Gentle-men of the Country , for the erection of the Presbytries , consisting of Pastors , and Elders , and dissolution of Prelacies , and with an offer to set forward the Policy untill 't were establish'd by Parliament . The King's Letter subscribed by his hand , to the Noble-men , and Gentle-men , was read in open audience of the whole Assembly . This Assembly ordain'd also that the Confession of Faith be subscribed , as being true , Christian , and faithfull . And in the Assembly 1595. amongst other things of the same tendency , it was cleared that Episcopacy was condemn'd in these words of the Confession His Wicked Hierarchy . See store of irrefragable proofs of this our Assertion in the Acts of the Assembly at Glasgow , 1638. Sess. 16. § . 2. They only bewray their ignorance , if not worse , while they give out , that our Church , in her first Reformation , had Bishops ( as the word is now taken ) under the name of Superintendents . For tho' this were true , all they shall gain hereby , would only be the fastening of a self-contradiction on Mr. Knox , and the rest of these most honourable Instruments of our Freedom from Mystical Babylon : our Adversaries acknowledging that Mr. Knox , and his Fellow-labourers in the Church-policy , did exactly follow the Genevan Model , which these men use to make the Original of Presbytry : It 's confess'd also c that John Knox refus'd a Bishoprick in England on this account , that it had Quid commune cum Antichristo . Whereby , tho' nothing else could be brought , 't is clear as the Sun , that Knox ( I may say the same of most of his Fellow-labourers in the Reformation ) was intirely averse from their Hierarchick Domination . § . 3. Wherefore the Author of a late Book call'd The Fundamental Charter of Presbytry examin'd and disprov'd , quite skips over these Evidences of Knox's being Antiprelatick ; notwithstanding that the only design of the far greater part of his Book , was directly to prove these out Reformers , and Knox in special , to have been of the prelatical Perswasion , However , let 's hear the chief of the Answers he gives to such other Proofs hereof , as he adventures to engage with . d § . 4. The first is a passage of Knox's letter to the Assembly , viz. Vnfaithfull , and Traitors to the Flock , shall ye be before the Lord Jesus if that with your consent , directly or indirectly , ye suffer unworthy men to be thrust in within the Ministry of the Kirk under w●at pretence that ever it be , Remember the Judge before whom ye must make an account , and resist that Tyranny as ye would avoid Hell-fire . To which our Author answers denying that Knox by Tyranny here means Episcopacy , and saith , that 't is impossible to make more of the Letter , than that Knox deem'd it a pernicious and tyrannical thing , for any Person whatsoever to thrust unworthy Men into the Ministry of the Church . Which Answer evanishes , so soon as we shall understand the occasion of Knox's Letter . Some powerfull Courtiers had then sacrilegiously invaded a great part of the Churches Revenues ; and were greedily grasping the remainder , to the great grief of all good Men , and detriment of the Church , which both in her Assemblies , and otherways , vehemently urged that these Revenues should be imploy'd on sustentation of Ministers , many of whom , being unprovided , were ready to starve ; and on maintaining of Schools , relieving the Poor , and other such pious Uses . These Courtiers therefore , to free themselves of such unacceptable Monitors , and secure them of what they had gotten , plot the reduction of a kind of Diocesan Bishops , Abbots , Priors , and other such Popish Orders , with whom they were to make a sacrilegious Compact , and to give these titular Church-men some small pittance of the Revenues , the rest being possessed , in their name , by these Courtiers . Now at the very time of the writing of Knox's Letter , this was in agitation , and a design laid to practise upon some of the Assembly , as shortly thereafter at the Meeting in Leith appear'd , at which , and elsewhere in these times , there were not wanting among the Ministers , who , moved with hope of Domination over their Brethren , and some small augmentation of Rent , made no bones of such simoniacal Pactions or ( to use the express words of the Confessions of their best Friends ) such durt● and vile Bargains . e And now judge what Knox mean'd by his Exhortation to keep out unworthy Men , and resist Tyranny : And 't is most presumable that Spotswood e sufficiently saw , that Knox's Letter goares Prelacy , otherwise he had not mangl'd the same , and wholly omitted all mention of Tyranny . § . 5. And that this Knox's Letter levell'd at the Bishops then about to be introduc'd , is further evident from his refusal to inaugurat John Douglas Bishop of St. Andrews , his denouncing an Anathema to the Giver and Receiver of the Bishoprick , and his open professing his dislike of the whole Order . At this our Author takes exception , saying , The certain Manuscript from which Calderwood says he had this relation , is uncertain . But he should have look'd into Petrie , who f names the Author William Scot , that eminent Minister at Couper . Now , that 't is like enough that Knox , who was then at St. Andrews , said so , and express'd suitable resentments of the durty Bargain between Morton and Douglas , who by a simoniacal Paction , got into the See , is by our Author expresly acknowledg'd . And indeed , if we consider the indignity of the Crime , and the Lyon-like boldness of Mr. Knox against such Vices , 't is altogether incredible , but that he vented his resentments with a Witness , and to the noticing of all thinking Men then present : yet all this is skipp'd over by Spotswood , For he knew well enough , that this Relation should have shew'd how little kindness Knox bore to their Hierarchy . Moreover , which is most noticeable in this matter , these who then favour'd Prelacy , being generally such simoniacal Pedlers , were so far from writing the several Actions and Church-transactions of these times , that they made it their care to suppress and destroy the publick Monuments of the Church . Witness B. Adamsone g : one of the Articles of whose Confession , to which , as is acknowledg'd by Spotswood h , he subscrib'd , was , that not without his special allowance , some leaves of the Books of the Assemblies were rent out , and such things as made against the Bishops their estate , were destroyed in Falkland , before the Books were deliver'd to the King's Majesty . Which considerations , suffice to prove the truth of that historical Relation . He alledges next , that tho' we had reason to believe , that Knox said and did so , yet it follows not that he was for the Divine Right of Parity . Adding , That 't is like enough Knox said so — for dreadfull Invasions were made upon the Patrimony of the Church . But this Invasion was so linked with the introduction of Prelacy , that they had both common Friends and Enemies , so that Knox declaring against either , must be judg'd equally averse from both . And indeed the introduction of Prelacy , was consequentially this very destruction and consumption of the Churches Goods , against which Knox inveigh'd . Or dare he say , that it had satisfi'd him , if they had been consum'd in sustaining the Luxury and Grandour of Bishops , Abbots , and Priors , whom the Court was about then to introduce , providing only these Church Revenues , had been kept from the secular Nobility . Moreover , 't is evident , to whosoever reads Knox's words , that the Invasion of the Church-patrimony , was far from being the sole Ground of the dislike he shew'd to Episcopacy . The Matter in short is , when John Douglas was made Tulchan Bishop of St. Andrews , Mr. Knox refused to Ordain him , denouncing Anathemaes to the Giver , and to the Receiver : and when John Rutherford Provest of the old Colledge had said , that Mr. John Knox ' s repining , had proceeded from male-contentment , the next Lora's-day , John Knox said in Sermon , I have refus'd greater Bishoprick than ever 't was , and might have had it with the favour of greater Men than he hath this , but I did , and do repine for discharge of my Conscience , that the Church of Scotland be not subject to that Order . This last Clause , viz. that the Church of Scotland be not subject to that Order , he adventures not once to mention , which yet is a reason of Knox's repining , and so gives the meaning of his whole Discourse . And seeing 't is of equal credit with his foregoing words , being not only with the rest taken by Petrie , out of that Historical Relation , but related also by Calderwood i fully scatters all his fogg , and clearly determines the present Question , somewhat else he hath here , but of small moment . As , Knox , when Douglas , who was already Rector of the Vniversity , and Provest of the old Colledge was made Bishop , regrated , that so many Offices were laid on an old Man , which scarcely twenty of the best Gifts were able to bear . Thence he Infers , that Knox ' s resentment of Douglas his advance , was not from any Perswasion , he had of the unlawfulness of Prelacy . As if Knox might not assert the unlawfulness of Prelacy , and yet say so much for a a Superpondium to his other Grievances . And to shew , even on Supposition , as they pretended , of the allowableness of Episcopacy , how little sence of Duty or Conscience was in either Givers or Receivers . § . 6. There was at this time ( saith M. D. Hume . k , no small Contest and Debate , betwixt the Court and the Church , about Bishops and Prelats , concerning their Office and Jurisdiction . The Ministers laboured to have them quite abolished and taken away , and the Court thought that form of Government to be agreeable , and compatible with a Monarchical Estate , and more conform to the Rules of Policy , and Civil Government of a Kingdom . Besides , the Courtiers had tasted the sweetness of their Rents and Revenues , putting in titular Bishops , who were only their Receivers , and had a certain Pension or Stipend , for discharging and executing the Ecclesiastical part of their Office , but the main profit was taken up by Courtiers for their own use . Wherefore they laboured to retain at least these shadows of Bishops , for letting of leases , and such other things , which they thought were not good in Law otherways . There was none more forward to keep them up than the Earl of Morton ; for he had gone Ambassadour to England on his own privat Charges , and to recompence his great Expenses in that Journey , the Bishoprick of St. Andrews , being then vacant , was conferr'd upon him . He put in Mr. John Douglass ( who was Provost of the New Colledge in St. Andrews ) to bear the Name of Bishop , and to gather the Rents ( till such time as the Solemnity of Inauguration could be obtain'd ) for which he was countable to him . This he did immediatly after he came home out of England . Now he will have him to sit in Parliament , and to vote there as Arch-bishop . The Superintendent of Fyfe , did inhibit him to sit there , or to Vote under pain of Excommunication ; Morton commanded him to do it , under pain of Treason and Rebellion . The Petition giv'n in to the Parliament , desiring a competent Provision for the maintaince of Preachers , in which they complained of the wrong done unto them by the Courtiers , who intercepted their means , was cast over the Bare , and rejected , and by the most common report , Morton was the first cause thereof . Afterward Morton in a Meeting of some Delegats , and Commissioners of the Church at Leith , by the Superintendent Dune's means , used the matter so , that he obtain'd their Consent to have his Bishop admitted , and install'd . Wherefore , the third of February , he caus'd affix a schedul on the Church door of St Andrews , wherein he charged the Ministers to conveen , and admit him to the Place , which they did accordingly , but not without great Opposition . For Mr. Patrick Adamson ( then a Preacher , but afterward Arch-bishop there himself ) in a Sermon which he preached against the Order and Office of Bishops , said , there were three sorts of Bishops : 1. The Lords Bishop ( to wit Christ's ) and such was every Pastor . 2. My Lord Bishop , that is , such as Bishop as is a Lord , who sits , and Votes in Parliament , and exercises Jurisdiction over his Brethren . 3. And the third sort was , ( my Lord's Bishop ) that is , one whom some Lord or Nobleman at Court did put into the place to be his Receiver , to gather the Rents , and let Leases for his Lordship's behoofe , but had neither the Means nor Power of a Bishop . This last sort he called a Tulchan Bishop , because as the Tulchan ( which is a Calves skin stuff'd with straw ) is set up to make the Cow give down her milk ; so are such Bishops set up , that their Lords by them may milk the Bishopricks . Likewise Mr. Knox preached against it the tenth of February , and in both their hearings ( Morton's , and his Arch-bishop ) to their Faces pronunced , Athathema danti , Anathema accipienti . And l We shewed before , how in matters of Church-government , he ever inclined ( as the most politique Course ) to the state of Bishops . The Name was yet retained by Custom● , the Rents were lifted also by them ( as we have said ) more for other Mens use and profit , than their own . They had also place and vote in Parliament after the old manner , and he would gladly have had them to have keeped their Power and Jurisdiction over their Brethren . Master John Douglass being dead , he fill'd the place by putting in Mr. Patrick Adamson his domestick Chaplain , who then followed that Course , tho before he had preach'd against it . Many were displeas'd herewith , all the Ministers ( especially they of the greatest Authority ) and all Men of Estates that were best affected to Religion . ( And which he cites out of an English Historian Francis Botevill ) m As touching his ( viz. Morton's ) setting up and maintaining the estate of Bishops ( whereof there had ensued great debate and contention betwixt him and the Ministry ) he said , it did not proceed of an ill mind , of any malice , or contempt of them , or their Callings , but meerly out of want of better knowledge , thinking that Form of Government to be most conform to the Rules of Policy , and to be fittest for the times . That if he had then known better , he would have done otherways . And n He ( viz. Morton ) was also calm — this appeared in his carriage toward Mr. Knox , who had used him roughly , and rebuk'd him sharply for divers things , but especially for his labouring to set up and maintain the estate of Bishops . Hence 't is most manifest how , not only Knox , but also the whole body of our Church disliked and hated the very first bud , and likeness of Prelacy : and how by meer force and fraud of the voracious Court-politicians upon the dishonesty of some , but the unwariness and faintness of many moe of the Ministry . These monstrous Tulchans , for all men even our present Prelatists are ashamed of them , got that minot's harbour in Scotland . § . 7. Our Author Answers , for he insists long on this matter , o That the Question is not now , how this was done , but if it was done ? For if it was done , it is an Argument that the Clergy then thought little on the iudispensibility of Parity . Just as if what any man either by Fraud or Force is made seemingly to yeeld to ▪ were to be taken for his true and genuine Sentiments : I thought this kind of reasoning had been peculiar to a Spanish Inquisitor or French Converter . Or that they were bad Men ( continues he ) a hard construction : For then Hierome of Prague who was forc'd , and so many of the choice Fathers of the Council of Arminum , who were trick'd to admit , in appearance , something contrary to their true Sentiments ; shall all be bad men ? That the Ministers at this Convention at Leith dealt most unwarily , and some of 'em also with too little integrity , is beyond scruple : But that all of 'em , or most of 'em were poor covetous Rogues &c. neither Petrie nor any of his Perswasion ever affirmed . He adds that the Courts Arguments for the Leith-establiment were mainly Politick ; for they turn'd not Theologues to perswade Episcopacy's Divine Institution from Scripture &c. Well then , there was little true Piety , no consulting of Conscience or the Word of God in the Matter : And if some of the Ministry , as he says , were taken with these politick and state Reasons , they in so far fell from their own Principle viz. p That in the Books of the Old and New Testament , all things necessary for the instruction of the Church , and to make the Man of God perfect , are contain'd and sufficiently express'd . But the Clergy ( saith he ) had found that the new Scheme of the first Book of Discipline had done much hurt to the Church . As if the old Popish Scheme , under which the Churches goods , by God's Law destinated for the promoval of piety and learning , and sustaining of the poor , were consum'd and debauch'd , in upholding the grandour and luxury of a spurious ecclesiastick Nobility , could have been really more profitable to the Church than that of the Book of Discipline , on of the prime designs whereof was the bestowing of the Church Revenues for these their true uses , to which God's Law had appointed them . Or as if Pastors , Schools , and Poor can in no place be provided for , where the Romish Church-policy is wanting . But , The six Commissioners ( saith he ) that treated with the State at Leith were sensible Men , and far from being Parity-men . Just so far from being Parity-men , that most of 'em , in an Assembly 1580. July 12. deliberately found and declared Episcopacy unlawfull in it self . q He intimats , that the Courts motive for the Leith-establishment could not be their desire to possess the Churches Patrimony . An untruth , as we have now seen , too bare fac'd to need more refutation . His proof hereof is of the same stamp , viz. Had the Clergy fall'n so suddenly from their constant claim to the Churches Revenues ? did that which moved them to be so earnest for this meeting with the State miraculously slip out of their minds . Seeing not the Church , but the Court-politicians , as is evident , with desire to circumveen her , chiefly procur'd that meeting , and if these Delegates were either the only or first men , who by sinistrous Artifices fell into a bad Compact , then let him exclaim with admiration of this matter : what follows is yet odder , viz. Was it not as easy for the Court to have possessed themselves of a Bishoprick , an Abbacy , a Priory &c. when there were no Bishops — as when there were . For he 's to be pitied if he be ignorant that the Courtiers having no Law-title thereto , had no hope save under covert of their own Creatours , these titular Bishops , of any peaceable and secure possession of the Churches Revenues . But an undoubted Assembly [ saith he ] own'd the Leith convention as an Assembly , and its Authority as the Authority of an Assembly — and for several years after that establishment at Leith , beside which there was no other fond for owning them for Bishops , Bishops were present , and as such were obliged to sit and vote in general Assemblies — and many Acts of subsequent Assemblies put this matter beyond all probability of ever being controverted as the Assembly in August 1574. which petitioneth the Regent , that Stipends be granted to Superintendents in all time coming , in all Countries destitute thereof , whether it be where there is no Bishop , or where there are Bishops , who cannot discharge their Office as the Bishop of St. Andrews and Glasgow . And that his Grace would provide qualified Persons for vacant Bishopricks . But this , tho' it be his prime Argument , is soon removed , our Church knew that divers Ministers and others had been allur'd , or aw'd to that agreement : She knew that 't was only made for the Interim r and for the Interim only did she tolerate it , with a full resolution to have a more perfect Order . s And as for the words , In all time coming , there 's not a syllabe of them in the Act he cites t Nor indeed any where else of all the Acts of these Assemblies . She knew also that during that Interim , 't was impossible to get , that which had been the Revenues of Popish Bishops & other Church Rents out of the Regent and other Courtiers their hands . In the mean while the vast number of unplanted Churches , weakness of the Ministry in divers parts , and unsettlement , even unto that time , of the Churches Affairs , allow'd for a space the continuance of Evangelistick Superintendents or Commissioners , who were to be in almost perpetual motion and travels , and therefore needed much larger maintainance then did fixed Pastors ; which large maintainance the Church , being thus strip'd of her Patrimony , could not afford to the number that was needfull . On these and such Grounds , the Church indulged to that Convention the name of an Assembly , tolerated in these Tulchans the name of Bishops : And , seeing they had got more Rent then was giv'n to ordinary Ministers , allowed them to exercise the Labour and Travel of Superintendents or Commissioners : And thus the Church made the best she might of that their unlawfull Bargain . And tho' , u which he also objects , some Assemblies allow Bishops to conveen and proceed against delinquents , command Ministers by their Letters to admonish concerning persons to be excommunicated , it helps him nothing , seeing the very Acts he cites give no less power to Superintendents , yea to Commissioners , whom yet the Church used , even after she had declared Episcopacy unlawfull in it self . So far is our Churches tolerating for a space these Tulchans from being any Argument , that she believ'd not the Divine Right of Parity . But how appears't ( saith he ) that our Church receiv'd the Leith Articles only for an Interim out of a dislike to Episcopacy : — And there were other things in the Articles which required amendment . But sure these Articles were without any exception receiv'd and tolerated only for the Interim , and how well these Court-bishops were liked , is already made manifest , and our Churches subseqnent actings declare , which never rested , but still wrestled against the storms of both Power and Policy , untill they were sent packing . 'T is true , as he says , the Church met with Opposition ; but that this was only from these titular Bishops , and Rent-gatherers to the Courtiers , supported with all the might , Wit and Artifice of an awfull gripping , politick Regent , and no few other potentand subtile Courtiers driving their own ends , as has already appeared , and is most evident from the best accounts now extant of these Affairs , and this is the undoubted Cause , why the six Collocutors at the Assembly in August 1575. think it not expedient presently to answer directly to the Question of the Function of Bishops . But he who stilleth the noise of the Seas & the noise of their waves , having restrain'd these impetuous Tempests , how cordially did our Church proceed to the utter extirpation of Prelacy ? Forsamekle ( they are the words of the Assembly holden at Dundee , Anno 1580. July 12. Sess. 4. x ) as the Office of a Bishop , as it is now used and commonly taken within this Realme , hath no sure warrant , authority , or good ground out of the Book , and Scriptures of God , but brought in by the folly and corruption of mens invention , to the great overthrow of the true Kirk of God , the whole Assembly of the Kirk in one voice , after liberty given to all Men to reason in the matter , none opponing themself in defence of the said pretended Office , findeth and declareth the samine pretended Office , used and termed as is above said , unlawfull in the self , as having neither fundament , ground nor warrant in the word of God &c. And in all this , our Church , as she clearly here expresses , did nothing save what she was oblig'd to do by her own Principle in the first Book of Discipline , which affirms that all thing necessary for the instruction of the Church is contain'd in the Books of the Old and New Testament . And that whatsoever is without express commandment of God's Word , is to be repress'd as damnable to Salvation . Our Reformers therefore , except our Adversaries say , ( which even impudence , it self dare not say ) , that they believ'd the Hierarchy to be founded on the express command of God's Word , were bound by this their Principle to oppose it as a manifest corruption , and according to this Principle , whensoever Prelacy , by force of the secular arm , and fraud of serpentine policy , and , as one well words it , by terrors and allurements , crosses and commodities , banishment and benefices ( for by other means it could never be admitted ) overwhelm'd this Land , and discover'd the Hypocrisie or Gallio-like Disposition of many ; all the true Lovers of our Reformation still then had , in greater or lesser measure , as their love was to this truly Protestant , yea truly Catholick and Christian Principle of our Reformers , their Feasts turned into Mourning , their Songs into Lamentation , their Tears for Meat , and their Harps hang'd on the Willows . And now suppose that our Reformers , in that unstable condition of our Church , and very first rudiments of Protestancy had in some of their Doings or Saying afforded some colour or appearance , either for the scruples of the curious , or the quirks and cavils of the captious , does not , pray , this most unanimous , most clear , and every way most unexceptionable Act of our most full and free Generall Assembly , that consisted for the far greater part of the very same Men , who were the Actors and Promoters of our first Reformation , most fully open our Remormers their minds , shew their ultimat tendency and scope , and finally , for ever determine the present Controversie . § . 8. He hath more to say of John Knox , I return therefore to attend him . His next Plea y is with Calderwood about Beza's Letter to Knox , where he denies that Beza wrote being inform'd by Knox of the Courts intention to bring in Bishops , and adds , that if any thing of Knox ' s Sentiments can be collected from Beza ' s Letter , it seems rather he was for Prelacy than for Presbytry : For Beza ( saith he ) seems clearly to import , that Knox needed to be caution'd against Prelacy . Beza's Words are . z But I would have you , my dear Knox , and the other Brethren , to Remember that which is before your eyes : that as Bishops brought foorth the Papacy : so false Bishops the relicts of Popery , shall bring in Epicurism to the World : They that desire the Churches good and safety , let them take heed of this Pest , and seeing ye have put that Plague to flight timously , I heartily pray you , that Ye never admit it again , albeit it seem plausible , with the pretence or colour of keeping unily , which pretence deceiv'd the ancient Fathers , yea even many of the best of ' em . Where Beza without giving any proof thereof , clearly supposes as a thing believed by Knox no less than by himself , that the Bishops whom some were then labouring to introduce into Scotland were false Bishops , the relicts of Popery , which had already been once driv'n out of Scotland , and on this supposition , as any Orators use to do from Principles common to themselves , and these to whom they are speaking , he admonish'd him and the rest to beware of this Plague . Certain it is then , if we believe Beza , that he knew , if by a Letter from Knox , or otherwise concerns not the matter in hand , that Knox judg'd the Bishops then to be introduc'd to be no others than were the Popish Bishops , whom Knox and his fellow Reformers had lately expuls'd Scotland , and both sorts of Bishops to be equally false and Anti-christian . And now consider this Letter of Beza written near the same time with that of Knox to the Assembly , and the disinterested shall soon perceive that the former explains the latter , and sufficiently shews what Knox meant by the Tyranny mention'd therein . Moreover , whosoever finds so much against Episcopacy in Beza , even tho' it had been spoken by him without any relation or respect to Knox , and remembers how universal and firm Concord was between these excellent Persons , Qui duo corporibus mentibus unus erant , will easily conclude that Knox bore but small kindness to Prelacy . § . 9. He comes next to prove , Knox was not for Parity . Had he been ( saith he ) so perswaded , how seasonable had it been for him to have spoken out so mnch , when he was brought before King Edward ' s Council ? The Question was then put to him , whether he thought that no Christian might serve in the Ecclesiastical Ministration , according to the Rites and Laws of the Realm of England ? — Yet he answer'd nothing , but that no Minister in England had Authority to separate the Lepers from the whole , which was a chief part of his Office. Plainly founding all the unlawfulness of being a Pastor of the Church of England , not only the unlawfulness of the Hierarchy which he spoke not one word about , but on the Kings retaining — the chief Power of Ecclesiastical Discipline . As if Knox had judg'd nothing in the Church of England unlawfull but the King 's retaining the Ecclesiastical Discipline in his own hand ; which all Men , even Episcopals no less than Presbyterians , know to be an arch and palpable untruth . Does not ( as for example ) our Assembly Anno 1566. in a Letter to the English Bishops and Pastors , being moved thereto by John Knox , if Spotswood a speak truth , expresly , among many other things to this purpose , say If Surplice , Corner-cap , and Tippet have been the badges of Idolaters , in the very act of their Idolatry , what have the Preachers of Christian Liberty , and the Rebukers of Superstition , to do with the dregs of that Roman Beast ? yea , what is he that ought not to fear either to take in his hand or fore-head the Print & Mark of that odious Beast ? &c. See store to this purpose in Heylin's History of the Presbyterians : whereby 't is most evident , that this Author endeavour'd nothing more earnestly than to perswade the World that Knox was a self-repugnant Idiot . It sufficed if before that celebrious Assembly he answer'd to the Question , and gave some one reason that shewed he could not comply with them , tho' he declar'd not all the grounds of his dislike of their Practice . As to the matter of Francfort , which this Author mentions , drawing from it the like Consequences , there was no Bishop there , nor any mention of the necessity thereof , but only a bus●e made by some superstitious Bigots for their Popish Ceremonies or Fooleries , as Calvin calls them , and so there was no occasion of venting himself in this matter , and tho' there had , he sufficiently declar'd his mind while publickly in a Sermon , he alledged b that nothing ought to be thrust upon any Congregation without the warrant of the Word of God. Yea , if we may believe Le Strange c Knox and his Associats sufficiently discover'd themselves to be of the Consistorian or Presbyterian Perswasion . § 10. He adds that Knox in his Appellation &c. plainly supposes the lawfulness of the Episcopal Office. I deny 't . But all alongst throw it ( saith he ) Knox appeals to a lawfull general Council , snch a Council as the most ancient Laws and Canons approve , and who knows not that the most ancient Laws and Canons made Bishops the chief , if not the only Members of such Councils . Knox says , if the Popish Clergy his Adversaries are for it , he 's content that matters in Controversie between him and them be determin'd by the Testimony and Authority of Doctors and Councils , three things being granted him , whereof these are two . 1. That the most ancient Councils nearest to the primitive Church in which the learned and godly Fathers examined all Matters by God's Word , may be holden of most Authority . 2. That no Determinations of Councils or Men be admitted against the plain verity of God's Word , nor against the Determinations of the four chief Councils . Would Knox if he had been Presbyterian have agreed so frankly to have stood by the Determination of these four chief Councils ? Could he have expected they would have favoured the Divine Right of Presbyterian Parity ? Will any scotish Presbyterian now adays stand to the Decision of these four chief Councils ? But all our Author here infers is by Knox prevented and cut off , while , in the first place , he requires , that no Determinations of Councils nor Men be admitted against the plain Verity , i. e. d without the expressed commandment of God's Word . We chearfully appeal in the present Controversie , and provoke our Adversaries to this Rule , which most of 'em I have hitherto met with , expresly acknowledge to contain nothing in their favours . Secondly , The Actions of the first four Councils were of two sorts , Creeds viz. and Canons . Now , as John Knox and all the Presbyterians in cordial subscribing to the former , viz. The Symbols of these Councils , are confessedly not behind any part of the Christian World : so part of the latter sort , I mean the Canons , are rejected by Episcopals no less than by Presbyterians . As for example , the Constantinopolitan e Council appoints that reduced Hereticks and Schismaticks must be anointed on the Fore-head , Eyes , Nose , Mouth and Ears . And in the Council of Chalcedon f 't is permitted only of all the Church-men to the Lectors and Cantors to Marry . Yea that none of the Clergy after that manner should Marry , was statuted by the Council of Nice . g And they were also to have separated from their Wives the Church-men , who were in Wedlock already , had they not been restrani'd by the grave admonition and solide reason of Paphnutius . h Now , 't is true indeed Presbyterians admit not of these Decrees . But dare they say that Knox imbrac'd them ? Or , do our present Adversaries themselves receive them ? Knox therefore spoke of the Symbols : Our Author introduces him , and gives out as if he had spoken of their Canons , to the end he may deceive the vulgar Reader ; for none that look into the Councils can be obnoxious to this his Fraud . The same conclusion , viz. That Knox supposes the innocency and lawfulness of the Episcopal Office , he would deduce from Knox's following words . You may in a peaceable manner , without Sedition , withhold the fruits and profits which your false Bishops and Clergy most unjustly receive of you , untill such time as they shall faithfully do their Charge and Duties , which is to preach unto you Christ Jesus truly ; rightly to minister the Sacraments according to his Institution ; and so to watch for your Souls as is commanded by Christ &c. But might not Knox , had he been there , giv'n the like admonition to the Romans concerning their Bishop and Clergy ? should he thereby have suppos'd the Lawfulness and Innocency of the Papacy and Power the Romanists gave to the Pope . Secondly , Does not Knox admonish the People concerning the rest of the Clergy wherein there was comprehended the Abbots , Priors , and all the rest of the Romish rout , no less then concerning the Bishops ? Did therefore Knox suppose the Innocency and Lawfulness of all these Offices ? Thirdly , Knox utterly baffles all our Author's Sophistry , and sufficiently preserves himself from his abuses and depravations , while he places the Office of all true Bishops in truly preaching of Christ Jesus , rightly ministring the Sacraments and watching for Souls : Which I hope is equally the Office and Duty of all Christ's Ministers . So true is it , we observ'd from Beza's Letter , that Knox look'd on all Lordly Diocesan Prelats as false Bishops . And all they pretend to , beside what is common to every Pastor under whatsoever Name or Profession they go , as unwarrantable and unjust . But ( saith our Author ) Knox's great Work in his Admonition to the Professors of England , was to enumerat at the Causes , which in God's righteous Judgement brought Queen Maries Persecution on them : But he quite forgot to name the Sin of Prelacy as one ; Ergo &c. And did he enumerat and reckon up all things he judg'd to be Errors or Sins wherefore God was pleading with the English , and had sent among them that Persecution ? The truth is the main design of that Admonition is not to give an accurat enumeration of the Causes of the Persecution , but to give comfort to the Faithfull under it . But abstracting what Knox thought to be the Causes of that Persecution , and what not , our Author must sustain that Knox reckon'd up whatsoever he judg'd to be Sins and Abuses in that Church , otherwise he does nothing . But dare he say , that Knox there did so ? Spoke he ever a word of the Tippet , Corner-cap , and Surplice , there being Badges of Idolaters , and Marks of the odious Beast ? Hath he one syllable of Christmas , Feasts and such holy Days , i which he also judged superstitious and sinfull ? Or of the Faults of their Service-book about which , as all Men know , fell out the Controversie at Francfort ? or the depriving Ministers of Power to separate the Lepers from the whole ? at which our Author grants Knox to have been offended . But Knox calls Cranmer that reverend Father in God ; Ergo. Bellè . As if forsooth Knox might not use a Phrase of the common stile of the times , but he must be presently concluded a propugner of the Hierarchy . k Was not at the Assembly in Edinburgh March 1570. whereof John Knox was a Member , one of the Heads of Adam Bishop of Orknay ' s Accusation , which by the Assembly he was desir'd to redress , that he stileth himself with Roman Titles , as Reverend Father in God , which pertaineth to no Ministers of Christ Jesus , nor is giv'n them in Scriptures ? John Knox ( continues our Author ) said , the false Religion of Mahomet is more ancient than Papistry , yea Mahomet had established his Alcoran before any Pope of Rome was crown'd with a triple Crown &c. Can any Man think ( subjoins our Author ) John Knox was so very unlearn'd as to imagine Episcopacy was not much Older than Mahomet ? Or knowing it to be Older , that yet he could have been so ridiculous , as to have thought it a relict of Popery , which he himself affirm'd to be Younger than Mahometism ? But , was Knox so very unlearn'd , as not to know , that divers Popish Errors and Dotages had generally obtain'd and got good footing before the time of Mahomet ? Do not these who know any thing , know so much ? Have we not heard how he rejected , as unwarrantable and unlawfull , Christmas , Feasts , and such holy Days ? Will our Author acknowledge they obtain'd not before the rise of Mahomet , or the Pope's triple Mitre ? I think he will not . Have we not seen how , good space before these times , other Innovations as unction of Poenitents , and Caelibacy of Church-men were coming in fashion , and countenanc'd by the most famous Councils . Knox had been unlearn'd indeed , if he had not known so much ; he spoke therefore only of the maturity and more open appearance of the Man of Sin , and as he expresses , of his coming to his triple Crown ; and meant not at all that before Mahomet's time , no Popish Doctrines were generally broach'd and imbrac'd : yet so our Author ( otherwise he 's quite beside his purpose ) makes him to speak ; then which nothing more false and injurious to Mr. Knox , can be express'd . Hitherto , we have been intertain'd with Sophistry so silly , and Paralogisms so palpable , that 't were unjustice done to this Gentle-man's Intellectuals , not to believe that he sufficiently discern'd the Fallacies . But he promiseth to make a mends for the future ; as yet , he has only brought up his Rorarios and Velites , but now the case is quite alter'd . Ecce ferunt Troes ferrumque Ignesque Jovemque ! § 11. He has yet more to say ; yes , more with a Witness ! Knox says , in his Exhoatation to England , Let no man be charg'd in preaching of Jesus Christ above that a man may do ; I mean that your Bishopricks be so divided that of every one as they are now for the most part , may be ten , and so in every City and great Town , there may be plac'd a godly learned Man , with so many join'd with him for Preaching and Instruction as shall be thought sufficient for the bounds committed to their Charge . But the Reader , impartially weighing what we have adduced , must yeeld , that 't is impossible , either from this , or any other place , to make Knox a Prelatist , except we involve him in manifest self-repugnancy , which there is no necessity to do for any thing here said : For tho' Knox , considering how the English were wedded to something of a hierarchick Splendor , had indulged them in a good deal thereof : it had been only a parallel Action to that of his Friend Calvin , who l tho' sufficiently Anti-ceremonial , yeelds , notwithstanding , for a time , and for Peace's sake , to that Nation , some of their Ceremonies which he calls tolerable Fooleries , unprofitable Triffles &c. Yet I have met with none , who on this score has taxed Calvin of Self-contradiction . But this ex abundanti ; for they cannot from these Knox's words conclude , that he favoured so much as the least grain of the substance of Prelacy : of each of their Bishopricks he makes ten , which I think will bring his Lordship comparatively consider'd , to a very narrow compass . But to shew that he put a definit number for an indefinit , he gives not only to every City , but to every great Town a Bishop : Now , of Cities and Mercat-towns in England , which , there , are not inconsiderable , there are odds of 600 , m But that none may justly cavill , let 's make a large abatement of the number where they may be smaller ; and yet , I 'm sure , so many remain as there should be ordinary Presbytries in England , providing it were so divided . Moreover , the great End and Work of this Bishop Knox makes to be the preaching of the Gospel , and instructing of the People ; of his Dominion and Power over the Clergy not a syllable ; yea , he gives not to him alone the Charge of the Flock , 't is their Charge , the Charge of the rest , no less than the Bishop ; they are join'd with him , not his Curats under him : And we have heard him already making the Office of a Bishop nothing else but what is common to all Pastors : And , if his Doctrine and Practice in Scotland may be allow'd as an Explication of his Exhortation to England , this Bishop was subject to the Admonition and Correction of the Presbytry , wherein he was Bishop . Nothing therefore can necessarily be drawn from Knox's words , except that this Bishop was to have ( if Temporary or continued , I dispute not , for it touches not the present Question ) a meer presidency of Order or Moderator-ship ; nothing of Dominion or Power to Knox's Bishop . Nothing therefore of imparity amongst Pastors can from the words in hand with any good consequence be deduced . Lastly , whatever 't was , it appears clear from these words , that he allow'd this only for a time , during the rarity of Preachers . § 12. But hear somewhat more of the same Exhortation . Touching the Reformation of Religion ( saith he n ) ye must at once so purge and expell all dregs of Papistry , Superstition and Idolatry , that thou , O England , must judge and hold execrable and accursed , whatsoever God hath not sanctifi'd to thee by his blessed Word , or by the Action of our Master Jesus Christ. The glistering beauty of vain Ceremonies , the heaps of things pertaining nothing to Edification , by whomsoever they were invented , justifi'd or maintain'd , ought at once to be removed , and so troden under the obedience of God's Word , that continually this sentence should be present in thy Heart , and ready in thy Mouth , not that which appeareth in thine own Eye shalt thou do &c. Deut. 12. — Let not then the King and his proceedings , whatsoever they be , not agreeable to the Lord 's Holy Word , be a snare to thy Conscience . — Let God's blessed Word alone be the Rule and Line to measure his Majestie 's Religion . What it commandeth , let it be obeyed , & what it commandeth not , let that be execrable , because it hath not the sanctification of God's Word , under what Title or Name soever it be published . Halt no longer on both parts . Let not these Voices prevail in your Parliament , This to our Judgement is good and godly , this the People cannot well bear , this repugneth not to God's Word . And , But let his holy and blessed Ordinances by Christ Jesus commanded to his Kirk , be within thy limits and bounds so sure , and established , that if Prince , King , or Emperour would enterprize to change or disannull the same , that he be the reputed Enemy of God. — Which horrible Crimes if ye will avoid in time coming , then must ye ( I mean the Princes , Rulers , and People of the Realm ) by solemn Covenant renew the Oath betwixt God and you . — That benefice upon benefice be heaped upon no Man , but that a suffient Charge with a competent Stipend be assigned to the Work-men ; for O how horrible was that confusion that one Man should be permitted to have two , three , four , five , six , or seven Benefices , who scarcely in the year did so often preach ; yea , that a Man should have the Charge of them , whose faces he never saw . — For the great Dominions and Charge of your proud Prelats ( impossible by one Man to be discharged ) are no part of Christ's true Ministry , but are the maintainance of the Tyranny first invented , and yet retain'd by the Roman Antichrist . That diligent heed be taken , that such to whom the Office of preaching is committed , discharge and do their Duties : for it is not ; nor will not be the chanting nor mummelling over of certain Psalters , the reading of Chapters for matines & evening Song , or of homilies only ( be they never so godly ) that can feed the Souls of hungry Sheep . — What efficacy the living voice hath above the naked letter which is read , the hungry and thirsty do feel to their comfort . But the other maketh for Mr. Parson's purpose , who , retaining in his hand a number of Benefices , and appointed such in his place as are altogether destitute of the Gift of Preaching ; but let all such Belly-gods be whipp'd out of God's Holy Temple . Let none that be appointed to labour in Christ's Vineyard be intangl'd with Civil Affairs — except it be when the Civil Magistratand the Minister of the Word assemble together for Execution of Discipline , which is a thing easie to be done without withdrawing any Person from his Charge , if that which was before express'd be observed : For as touching their yearly coming to Parliament for matters of Religion , it shall be superfluous & vian , if God's true Religion be once so established that after , it never be called in controversie . And as touching Execution of Discipline that must be done in every City and Shire , where the Magistrats and Ministers are join'd together without any respect of Persons . So that the Ministers , albeit they lake the glorious Title of Lords , and the Divelish Pomp which before appear'd in proud Prelats , yet must they be so stout , and so bold in God's Cause , that if the King would usurp any other Authority in God's Religion than becometh a Member in Christ's Body , that first he be admonished according to God's Word &c. Read pray , the rest of this Exhortation , and you shall find that never was light more opposite to darkness , than Knox is to their Ceremonies and Hierarchy , and , in a word , their whole way whatsoever they contend for in opposition to the Church of Scotland . Now suppose , which yet he is far from doing , that Knox allow'd them some umbrage of imparity , should they not , notwithstanding , providing they closed with what he saith here and elsewhere , really relinquish what they call the Church-of - England's way , and come over unto us ? Yea , were they according to Knox's Exhortation stript of the hope their exorbitant Gain , Ease , and Grandour , &c : they should soon also send packing their Plea for Imparity , this being a meer shrowd , and pretext to cover these Enormities from which Knox so warmly dehorts , and whieh with less colour of modesty can be sustain'd . Add hereto , that seeing Knox so zealously requires express and positive Warrant in the Word of God for every thing in the Worship , Government and Discipline of the Church ; and seeing hitherto none hath darred to averr , that he was for the Divine Right of Prelacy , yea even our Author himself adventures not plainly to assert so much , but only labours to make Knox to account it Lawfull and Innocent , and to speak nothing against it , it must undeniably follow , that he was for a Divine Right of Parity . § . 13. Did not Knox ( continues our Author ) write and bear the Letter sent by the Superintendents , Ministers and Commissioners of the Church within the Realm of Scotland , to their Brethren the Bishops and Pastors in England , Anno 1566 ? Did not he in that same Title of that same Letter acknowledge , that these Brethren , Bishops and Pastors of England had renounc'd the Roman Antichrist , and professed the Lord Jesus in sincerity ? And doth not the Letter all alongst allow of the Episcopal Power and Authority of these English Bishops ? But , had never a Protestant to do with an Abbot , Prior , or some other such Popish Officers , whose Offices he did not allow ? Might he not therefore speak or write to him in such Terms without which he should either not have been understood , or his Letter , or his Discourse been altogether uneffectual ? Altho' then it could be prov'd , they had given Bishops the distinguishing Titles they assume , by no good Logick could it be inferr'd that they accounted the Office , as it is distinguish'd from any other Pastor , Lawfull : which yet can never be prov'd , nor any thing concluded from the Letter , save that they took Bishop and Pastor for synonymous Terms . Moreover , 't will no more follow , that they count Episcopacy Lawfull , than that they esteem so of the Surplice , Corner-cap and Tippet , which yet in the same Letter , they make the Marks of the odious Beast . They there indeed acknowledge the English to have renounc'd the Roman Antichrist , but so as notwithstanding to have retain'd divers of his Abominations , whereof they name none , but only the most notorious of these which the then present English Controversies gave occasion to mention . The rest of his Discourse on this Head leans on this , that our Superintendents were really Diocesan Bishops , of whom more anon . And well may I deny 't , were there no more than the Doctrine and Practice of John Knox , who , as our Author grants , compil'd the first Book of Discipline , wherein the Appointment and Duties of Superintendents are set down . § . 14. And indeed that Knox was truly Presbyterian , is so manifest , that untill now , when Men have broke the bonds of all modesty , and abandon'd themselves to averr every thing to be as they would have it , was in neither hand call'd in question , but Enemies no less than Friends , either more indirectly or more plainly acknowledg'd it . This was the Policy ( saith o Spotswood ) desired to be ratifi'd . It had been formed by John Knox , partly in imitation of the Reformed Churches of Germany , partly of that which he had seen in Geneva &c. Nothing then from England , which flatly contradicts our Author , who , throw no small part of his Book , pretends to prove that all was taken especially from England . Now , what was the Government of the reformed Churches of Germany and Geneva , I think few are ignorant . And elsewhere , p Many good Men ( saith Spotswood ) have disliked some of Knox ' s Opinions , as touching the Anthority of Princes , and the Form of Government which he laboured to have established in the Church . The Prelat indeed here , as his custom is , delivers the Truth as sparingly , as may be ; yet not so , but both Presbyterians can perceive , and Hierarchicks must confess what is wrapt up in this forced Confession : And while he endeavours yet more to obscure it , by impertinently adding , that Knox was alwayes urging the Obedience of Ministers to their Superintendents , he only hereby shews , that he was loath the World should know , that he had been forc'd to Confess that Knox was really a Presbyterian . But their own dearest Friends and Brethren gave Testimony against them . Knox ( say they q ) was of the Consistorian stamp . These sc. Gilby , Goodman and Whittingham led the dance in England , Knox in Scotland , and at this day our Presbyterians do but write after their Copy , professing the same Principles , pretending the same Scruples , and beyond doubt proposing the same end . r Let me be understood likewise by Presbyterians to intend these of the Scotish Race , to whom we are beholden for our Discipline . That Faction first advanc'd it self by popular Tumult and Rebellion , Knox learned the Trick of it at Geneva , and brought it into Scotland . I forbear to cite others : see in lieu of many Heylin's History of the Presbyterians , who is most ample to this purpose . I only Note how various Methods have been us'd to destroy our Reformed Religion : The Papists , when the Divine Light of the Gospel began to break throw their Babilonish Foggs , to other means for extinguishing thereof , added that of lying , reproaching and bespattering most odiously our first Reformers , endeavouring to ridicul and expose , together with their Doctrine , their Discipline also , and Government , which they saw like to obtain amongst most of the reformed , and which sometimes in scorn they named after Geneva ; but they were open and profess'd Enemies , and so the Net was laid in sight of the Bird : A new Squadron must be added who , under the name of Protestant , may better manage the Romish Design , Tuta frequensque Via est per amici fallere nomen . These in the mean while with open mouth proclaim'd this Truth , that Knox , and the rest of our first Reformers in Scotland , were , no less than Calvin , Beza , and such transmarine Propagators of the Gospel , truly Presbyterian , and , as they scornfully spoke , fiery Zelots of t●e new holy Genevan Discipline : And on this very account threw upon them all the Iniquity , Aspersion and Infamy their black Art could invent , or the spirit of Lies and Malice suggest . Yet with all good Men and true Protestants they effected nothing , save to bring themselves into just suspicion of being masked Romanists : some of 'em therefore of late , find it there interest to alter their Method , & to forbear somewhat to utter their wonted Calumnies , and Malice against the persons of our Reformers ( for as for speaking any good of 'em , we shall most rarely find them do it , or if ever , 't is done with so much coldness and lameness , and with such mixtures of detraction , that they appear content that the Reader believe them not , and resolved to pull back with the one hand , what they were compell'd to give with the other ) and in the mean while , averr with an unparallel'd confidence , that these our Reformers were never for the Genevan way , ( as they call it ) were never for Parity of Pastors or Presbyterian Government ; that so they may the more securely follow the steps of the former , and vent their splene at both Government and Discipline , and yet be less obnoxious to suspicion of driving Rome's interest . But 't is to be hop'd they shall not speed well , seeing herein , they only endeavour to darken the Sun , to contradict what 's known and believ'd all Europe-over : And loudly , finally , to give the lie to their own dearest Friends . § . 15. Now to their second Objection , which is from the Superintendents , which , together with whatever else they advance from this Argument , we , having thus evinc'd that Knox , whose Judgement is confessedly of such moment in the present Case , was truly Anti-prelatick , might without just blame have neglected , it melts quite away , if we remember that this practice was only a temporary expedient , during the unsettl'd condition of the Church . The Objection dwindles also to nothing on this account , that tho' our Reformers had design'd the perpetual use of Superintendents , yet these toto coelo , as they say , differ'd from Diocesan Prelats , so that , notwithstanding hereof , the Government was really Presbyterian , or without ought that can be call'd Imparity . The former of these our Answers is plainly set down in the first Book of Discipline s If the Ministers ( say our Reformers ) whom God hath endowed with his singular Graces amongst us should be appointed to several places there to make their continual residence , that then the greatest part of the Realm should be destitute of all Doctrine : which should not only be the occasion of great murmur , but also be dangerous to the Salvation of many . And therefore we have thought it a thing most expedient at this time , that from the whole number of Godly and learned Men , now presently in this Realme , be Selected ten or twelve ( for in so many Provinces we have divided the whole ) to whom Charge and Commandment should be given to Plant and Erect Kirks , to set , order , and appoint Ministers , as the former Order prescribes , to the Countries that shall be appointed to their care where none are now . This was but too plain , and therefore is much curtail'd by Spotswood ; t as our Author , who dwells long on this Objection from Superintendents u , cannot deny . He therefore takes a new Way , and thus glosses the Passage . If I mistake not ( saith he ) the true gloss of this Period will amount to no more than this , that because there were then so few Men qualifi'd for the Office of Superintendency , tho' ten or twelve were , by far , too small a number for the whole Kingdom , yet , at that time , they thought it expedient to establish no more : and tho' , when the Church should be sufficiently provided with Ministers , it would be highly reasonable , that the Superintendents should have Places appointed them , for their continual residence ; yet , in that juncture , 't was necessary that they should be constantly travelling throw their districts , to Preach , and Plant Churches &c. To establish his gloss he says , the Compilers of the first Book of Discipline , viz. Mr. J. Winrame , John Spotswood , J , Willock , J. Douglas , J. Row and J. Knox , were still of prelatical Principles . But tho' this were as true as 't is false , the quite contrary would rather follow , viz. that they had resolv'd to change afterward the Superintendents for Diocesan Bishops : To prove they were Prelatists , he says , three of them were Superintendents , begging the Question , as if Superintendent and Bishop were one and the same . But Douglas died Arch-bishop of St. Andrews . But is 't strange that he , who , in favours of a Tulchan Bishoprick , had a stomach able to deject Simoniacal Pactions and durty Bargains , made no bones of sacrificing his former Principles to his interest ? But Spotswood was a constant Enemy to Parity , as appears from his Son's account of him . But his Son says not so much : Moreover , which quite spoils our Author's Cause , he makes x without naming any other , John Knox the Author of that Book of Policy , yea he averrs y that in his Father's Judgement , the Old Policy was undoubtedly the better than the New. John Row defended the lawfulness of Episcopacy at the Conference appointed by the General Assembly 1575. But J. Row , no less then the other Collocutors , in their Report to that Assembly , tho' , for the iniquity of the time , not in so many words , yet really condemn'd Prelacy , z and was also a Member of that Assembly , which with one voice — found and declar'd the Office unlawfull in it self . a Judge then of his confidence , who yet adventures hence to conclude that he was a Prelatist . He adds out of Knox , that Superintendents and Overseers were nominated , that all things in the Church might be carried with Order and well , which reason for establishing Superintendents ( saith our Author ) will continue to hold so long as the Church continues . But let him once prove that Knox speaks of the constant and ordinary Church regimen and guidance , and not of the settling and ordering of a Church little more then in fieri , and as yet not all sufficiently constitute , otherwise we have a meer Paralogism . At the Admission of Spotswood ( continues he ) John Knox asserted the necessity of Superintendents and Overseers , as well as Ministers the necessity I say , & not the bare expediency in the juncture . The words are b first was made a Sermon , in the which these Heads were handled : first the necessity of Ministers and Superintendents or Overseers &c. We have indeed here the necessity of Superintendents mention'd , but that it arose above an expediency , we do not hence learn : That Knox asserted the necessity of Superintendents as well as Ministers , or an equal necessity of the one and the other , can by no means be inferr'd : Yea , who can , with our Author , believe that tho' any People had aboundance of sufficient and lawfully ordain'd Ministers , yet , in Knox's Judgement , if Superintendents were wanting , such a People could no more be counted a Church , than if they had no Minister at all ? He brings also some Expressions out of the first Book of Discpiline , as , After the Church shall be established , and three years are past , no Man shall be called to the Office of a Superintendent , who hath not two years given a Proof of his faithfull Labours in the Ministry of some Church . Such passages indeed suppose some continuance of Superintendents tho' no perpetuity . For our Reformers could never think that within three years or thereabout , the Church should be fully established , & few or no Churches to be planted ; unto which full settlement , the forecited passage of the Book of Policy allows the use of Superintendents . This Book of Discipline ( saith our Author ) supposeth that Superintendents and Colledges were to be of equal continuance , for the Superintendent was still to be at the choosing and installment of Principalls and Rectors &c. But this his Argument , he himself overthrows . The Assembly ( saith he ) May 27. 1561. addresseth to the Council , that special and certain Provision might be made for the maintainance of the Superintendents , Ministers , Exhorters and Readers &c. Now , who sees not , that this Address speaks after the same manner concerning all these , so that , using our Author's way of arguing , we should inferr , that our Reformers thought the Exhorter ( which confessedly was a kind of Function purely temporary ) was no less to be perpetual than the Superintendent , yea , or the Minister . And the Assembly at Edinburgh December 25. 1565. c appointed Mr. Knox to pen a comfortable Letter in their Name to encourage Ministers , Exhorters and Readers to continue in their Vocation &c. From these and the like Acts he may as well conclude the equal duration of Exhorters and Ministers , as he inferrs from the Book of Policy , the equal duration of Superintendents and Colledges . He would next prove , from the account of the Election and Admission of Superintendents , prefix'd to the old Psalms , that , according to our Reformers , this was an Office distinct from that of other Pastors , of Divine Institution , and so perpetual . The Order and Form ( saith he ) for admitting a Superintendent and a Minister , was all one , and there was nothing in it importing the one Office to be temporary , more than the other . But therefore , there 's nothing elsewhere importing so much , is a clear non sequitur . In the mean while , from what he grants , 't is plain that the Superintendent wanted the very specific difference of a Diocesan Bishop , wherefore tho' they us'd this Phrase , The Office to which God call'd him , and this Question to the People , Will ye not acknowledge this your Brother for the Minister of Christ Jesus ? your Overseer and Pastor ? Will ye not maintain and comfort him — against all such as wickedly would rebell against God and his Holy Ordinance . And that Petition , Send unto this our Brother , whom , in thy name , we have charged with the chief care of thy Church within the bounds of L. &c. They can thereby mean no other Office , no other Ordinance of God , and , for kind , no other Charge , than what 's giv'n to every particular Pastor . For we find mention'd the chief d of the Apostles in Labour viz and Care , who yet were all equal . Neither is it strange that they thus set apart him who was , for the time , found needfull in these dark times and places , to plant and erect Churches , preach perpetually where there were none , and in a word , in several things compleatly to imitate the ancient Evangelist . Thus Paul and Barnabas were separated with a solemnity of Fasting , Prayer and Imposition of Hands e And yet the Work or Office for which they were separated , was neither new nor perpetual . § . 17. Having overthrown the Reasons of his Gloss , it must yeeld to the Text , expresly telling us , they were erected only for that time , and that for the paucity of Ministers endowed with singular Graces . But this reason ( says he ) is nought . For suppose we 20 , 30 , 40 Men in the Kingdom qualifi'd for the Office of the Ministry ; could not these have divided the Kingdom into a proportionable number of large Parishes ? And , still , as more Men turn'd qualifi'd , could they not have lessen'd these greater Parishes ? But he with whom our Reformers f were all most contemptible Idiots , and more especially in Church-policy , needs not wonder tho' they had fall'n into a much greater Solecism . But he forgets , that many in these most dark times were made Ministers , who yet needed the Assistance and Direction of the better qualifi'd for a while in Church-policy , and matters of such importance , till they should be able to go hand in hand with them , and that the main end of Superintendents was the perpetual Travelling , Preaching and Instructing where there were no Pastors and planting of Churches . As well ( continues he ) as our Presbyterian Brethren now unite Presbytries . A strange mistake , as if , where Presbytries are united , any Minister took for his proper Charge a multitude of Parishes . He here insinuats , that in the Superintendents there was established a Prelacy : But the present Question is only about the sentiments of our Reformers : and that they never thought the use of Superintendents croffed the Doctrine of Parity , is most clear , were there no more , from their using Superintendent-commissioners , even after they had declar'd Episcopacy unlawfull in it self . But all this their jangle is the fruit of meer prejudice or worse , for none near these times look'd on Superintendency as perpetual . Not the Court Party , seeing they endeavour'd to change Superintendents for Tulchan Bishops : not the rest of the Church , who , as the necessity of them decreased , suffer'd them to wear out . And after that , in an unanimous Assembly , they had ordain'd that the whole Church should be divided in a competent number of Presbytries , declar'd that Superintendents were no longer expedient . And good ground had they , even from that very Book of Policy so to do : for , if the whole tenor of that Head of Superintendents , appointing them almost constantly to Travel , to Preach thrice a week at least , and beside that to examine the Life &c. of the Ministers , the Orders of the Kirks , the manners of the People , care how the Poor be provided , how the Youth be instructed , admonish , where it 's needfull , by good Counsel , compose Differences , note and delate to the Kirk hainous Crimes , and all this , because of the paucity of qualifi'd Ministers ; evidently proclaims not , that this Superintendent was a kind of Evangelist , expedient only at that juncture of the re-entry of the Gospel into Scotland , I appeal to the candid Judgement of the impartial . Moreover , if 't were otherwise , why should they not as punctually have described his Duties after the time of his perpetual Travels , his Preaching thrice a week , and other such vast Labours were ended ( for he grants these were to indure but for a time ) after which he insinuats , that the Superintendents were to remain quiet in their chief Towns , but no word in all the account we have of them of such distinctions of times , of such perpetual rest , not a word therefore of their perpetuity . Lastly ; which he wisely , i. e. sutably to his purpose , omitted , for , like the Council ask'd at Abel , it ends the matter ; see this Head of Superintendents . Because ( say they ) we have appointed a larger Stipend to them that shall be Superintendents , than to the rest of the Ministers , we have thought good to signifie to your Honours such Reasons as moved us to make difference betwixt Preachers at this time . Now , pray , may not he that runs , read here that , had it not been for some forcing Circumstances and Exigencies of the then present time , they had made no difference at all between one Minister and another . And then after a few lines they laid down their Reasons in the very words , the sense whereof is now under Debate ; If the Ministers &c. § . 18. In the mean while , we need not be much concern'd whether these Superintendents were to be temporary or perpetual , there being nothing therein that made any real difference between the Church-government which was then , and that which is now . And indeed , these vast Travels and Pains in preaching thrice a week &c. are sure enough Tokens that the Superintendent could not be much distinguish'd from an ordinary Pastor , save in these extraordinary Labours , and was far from the Episcopal Eminency , and Grandour , seeing he was so far from the Episcopal ease and idleness , without which the former but rarely obtains . This , and other such Proofs of the vast difference between the Superintendents and their Diocesans , and of the likeness between the Government under the Reformers and that which is now , our Author slides over with rallry saying , it may be as well told them , that Bishops wore black Hats and silk , Superintendents blew Bonets and tartan ; as if most constant and hard labour in the Gospel , were no more valuable for distinguishing one Minister from another , than highland Plydes and blew Bonnets . He meets you with the like Drollery , if you mind him , that the Superintendents had no Metrapolitan and Episcopal Consecration or Ordination , but it 's risus sardonius . And his Questions , ( What is this to Parity or Imparity amongst the Governours of the Church ? Do these differences distinguish between Bishops and Superintendents as to preheminence of Power ? ) flow from deep dissimulation of the mortal Wound giv'n to his Cause , seeing without Episcopal Ordination , which was never requir'd to a Superintendent ( For Knox , as for example , who with our Author was only a Presbyter , ordain'd or admitted , as they then spoke , Spotswood Superintendent ) there can be no Episcopal Power , no , not so much as the very essentials of a Bishop . These Superintendents were also without any Civil Places , power or emoluments that way , which make up the far greater part of the Episcopal greatness , and still subject and accountable to the General Assemblies . And there was reason for it ( saith our Author ) supposing that General Assemblies as then constituted , were sit to be supream Judicatories of the National Church , For there was no reason that Superintendents should have been Popes . Then surely either were our Prelats , Popes , or most vehemently covetted a papal Power , seeing above all things they fear'd , abhorr'd and studi'd the ruine of these our General Assemblies . And no wonder if they did so , and that our Author intimats his dislike of these our Assemblies . For if this one thing , viz. the subjection of the Superintendents to these Assemblies , as they were then constituted , be duely weigh'd , it 's fair to ●et them on the very same levell with their Brethren . For , give him never so great a Power in the Province where he superintended , and let him use it as he pleased , yet neither can the Imparity be counted considerable , not the harm he could do very hurtfull , for within half a year at most ( for there was a General Assembly twice , at least , every year ) they had a prospect of a General Assembly to right their wrong , wherein every Pastor was to have no less Power than any Superintendent , and no less capable to sit judge and censure the Superintendent , than the Superintendent was on the other hand , to exerce the like Power over him ; yea , any Minister in the Assembly , & such sometimes as were none , was as fair to be chosen Moderator as any Superintendent . By the frequency of these Assemblies , it came to pass , that few or no matters of importance were determin'd in the inferiour Synods , but came thither for their final Decision . Wherefore , if we narrowly look on these times , we shall find that the Superintendents were rather appointed as Observers and Delators of Matters to the Assembly , than any proper Judges thereof , save when a special command was giv'n him to cognosce on such and such particular Matters . He was frequently also charged with execution of the Assemblies Determinations , all which was common to him with other Commissioners to whom the Assembly gave the like Charge , and sent them not rarely to these very Provinces where there were Superintendents with equal Power and Authority to that of the Superintendent . Sometimes they ordain'd Causes to be handled by the Superintendent with the assistance of these Commissioners , sometimes by the Commissioner with the assistance of the Superintendents , which Commissioners were sometimes Ministers of another Province , and sometimes of that Province wherein was the Superintendent , with whom they were join'd with equal Power & Authority . From all which 't is evident , how much they are taken with the humor of cavilling , who dare to ascribe to the Superintendents any real Superiority or Power over other Pastors , or any thing repugnant to a compleat Parity . But there is yet more : even in his own Synod , he could do nothing contrary to the Majority , for he was to act nothing without the Synods Consent , neither could he impede ought done by the Majority , for he had no negative vote . g Yea , he was made subject to the Tryal and Censures of the Synod of the very province where he superintended . And here our Author is compell'd to acknowledge that there was a considerable difference between Superintendents and Bishops : and indeed 't was considerable with a witness , and so considerable that it really sets them on even ground with each Pastor of the word . He adds , that this was a great wrong , and error in the Constitution ; and on this ocasion has a long invective h against our Reformers , & in speciall Knox , counting them Children , Idiots , Ungovernable , and of bad Principles , and spares not to flegg at all Scots men or Scotch mettal , as he speaks . But this is but a kicking against the pricks . He knows all this helps him nothing , nor is to the present Question , which is not de jure but de facto , what our Reformers freely and joyntly did ? Not , on what grounds they did so ? He next retorts , that according to the book of Discipline , the Elders are allow'd to admonish , correct , and , with the consent of the Church and Superintendent , depose their Minister . But , First , tho our Reformers had spoken just alike of the Elders and Ministers as they did of the Synod and Superintendent , their words will not bear the like inference : the power they give to the Elders could certainly be a spurr to the Ministers , and yet they might be sure the few Elders of one parish would never make so bold with their Minister , as the whole Synod might with their Superintendent . Secondly , There is no such allowance giv'n to the Elders concerning their Minister as to the Synod over their Superintendent : the former much act only with the consent of the Kirk and Superintendent , but nothing of this injoyn'd to the latter . Yea our Author himself will have the power of Deposition to be a prerogative of the Superintendent , and no doubt he or the Commissioner did , in the Churches name , execute her sentence . To Depose therefore here , and that with allowance of the whole context of that 8 head of Discipline , which he cites , is nothing else than to delate to the Church , and Superintendent the crimes of the Minister , and in their own sphere assist them in that action . He adds , he hath no where found that de facto the Superintendent was judged by his own Synod . And it may be so : for litle do we find of any thing was then done by provincial synods , every thing of moment being left to the General Assemblies , which were then most frequent . Such a Constitution ( adds he ) inferrs no such thing as Parity among Church-Offices Those who maintain that the King is inferior to his Subjects in their Collection , are not yet so extravagant as to say , he is not Superior to every one of them in their Distribution . But where Superiors or Equalls can be gotten , the Men of this Principle will freely yeeld , that none , who are Inferiours in the Distribution ought to judge the Actions of their Superiours , providing other Judges can be had , who , in this Case cann't , there being but one King only in a Kingdom : Hence they , believing that none may live lawless , think the King's Actions are cognoscible by these who are his Inferiours , but altering their capacity in the Collection . But is it so in the Case of the Superintendent , whereof there were severals , & not one only , as there is one commonly King in a Kingdom ? Seeing then he was to be judged by the Synod , notwithstanding , that there were other Superintendents in the Church ; 't is evident , they counted every Brother in the Ministry his equal . § . 19. But the Superintendents ( saith our Author i ) had a stock of prerogatives above other Pastors . But be it so : yet notwithstanding hereof , if we suppose , which I trust at the narrowest search shall appear , the truth of what we have now adduc'd , and the self consistency of the actings of our Reformers , whom he would fain set at variance with themselves , whatsoever Prerogatives he has really brought , can never prove that the Superintendent had any Dominion over other Pastors , or that they acted not in a true and real Parity ; so that , from what is now said , these his pretended Disparities are prevented and remov'd . For example , he tells us , that Superintendents had a larger district , were nominated by the Council , elected by the Nobility and Gentry ; 't was not so with the Paroch Ministers . But the Commissioners had no less districts , and were appointed by the General Assembly , which I 'm sure is of no less weight in the case than the Councils Nomination , even tho' the Gentlemens Election be added thereto , and yet , who in his Wit will take him for any other Officer than is every Parish-minister , or fall into the rovery of our Author , who k calls these Commissioners temporary Bishops . Paroch-ministers , by the first Book of Discipline head 8 , were deposeable by the Superintendent , and the Elders of their Parishes . The Superintendent was to be Judged by the Ministers and Elders of the whole Province . But the fraud is palpable , the words of the Book of Discipline are , that if a Minister be worthy of Deposition , the Elders of his Parish may , with consent of the Kirk and Superintendent , depose him . Where you see the Kirk or Minister and Elders of the Province are no less interested in the Deposition of a Minister than in the judging of a Superintendent . He suppress'd therefore all mention of the Kirk , which even Spotswood , whom he cites , l expresses : to the end he might make his Reader believe no Minister , save the Superintendent only , had any power in Deposition of Ministers . But privat Ministers ( saith he ) were to be admitted by their Superintendents , but the Superintendents by the Superintendents next adjacent , and the Superintendents had the Power of Ordination . The first Book of Discipline and several Acts of the Assemblies . But , had only the Superintendents the Power of Ordination ? yea , not only was there no plurality of Superintendents present at the Action , but also John Knox , who was no Superintendent , ordain'd or admitted Spotswood Superintendent of L. yea , every particular Minister , when commissionated by the Assembly , had no less Power of Ordination or any other thing whatsoever , than is either in the Book of Discipline or any where else giv'n to the Superintendent . Neither might any one particular Minister while he was a Commissioner , more than the Superintendent , be translated from one district to another without the Counsel of the whole Church or Assembly ; neither were there meaner Qualifications requisite in any Commissioner . And I think Knox , who was never a Superintendent , was in these not inferiour to any of ' em . But he had a living five times so much as another Minister . But then I 'm sure , he had five times as much to do with it , being perpetually to Travell , Preach and Exhort far and wide &c : but , if this Rule had been keep'd , our Bishops had got five times less than any other Minister , for rarely did they any such Duty , either at home or abroad . In the mean while , The Power of Riches , and the baseness of Poverty , maketh not a Bishop either higher or lower . m But Superintendents ( saith he ) were constant Members of General Assemblies , had Power to Visit , and to try the like &c. of the Ministers of all the Churches of the Diocess , and were to try those who stood Candidates for the Ministry , had Power of granting Collations on Presentations . But , whatsoever he had of these , belong'd also to every particular Pastor when commissionated by the General Assembly : but , tho' the Superintendent or Commissioner is only nam'd in such Cases , as in trial of the Candidats , granting Collations , Deposition of Ministers &c. He is to be understood as the Moderator , and mouth of the Synod where he Superintended , for Example , the Assembly in the case of transportation , chargeth the Ministers to obey the Voice and Commandment of their Superintendent , and yet by the very same Act , n none can be translated without the Consent of the most part of the Elders and Ministers of Kirks conveen'd in the Synodal Assembly ; and yet from this very Act , he adventnres to conclude the Canonical Obedience of Pastors to their Superintendents . But , he had Power to nominal Ministers to be Members of the General Assembly . For , Assembly 1562. 't was ordain'd , that no Minister leave his Flock for coming to the Assembly , except he have Complaints to make , or be complain'd off , or at least , be warn'd thereto by the Superintendent . And the L. Glamis in a Letter to Mr. Beza , saith , o that , after the Reformation it fell out by custom , that the Bishops and so many of the Ministers , Pastors and Elders as the Bishops appointed — came to the General Assembly . But touching what he alledges as said by the L. Glamis , I can find it no where , save in the Works of Saravia ; and Beza's Answer to Glamis his second Question , wherein these words are found , neither meets with , nor presupposes any such Clause . But be it that L. Glamis said so , what will they hence infer ? he says indeed , that this came to pass after the Reformation , but how long 't was after the Reformation , before this was practis'd , he says not . ' T was ( saith he ) receiv'd by Custom : by no Decree of the Church then , or Acts of the Assembly . And lastly , he speaks of Bishops , not of Superintendents . And I never find that any about these times gave Superintendents the name of Bishops ; and so this makes nothing for our Author's purpose . Wherefore , if ever L. Glamis had any such Expression , whereof I much doubt , in my mind , he mean'd it of the Tulchans , who , for some space after the Leith-convention made some steps toward such a Superiority ; otherwise , all the accounts we have of these times , and , in special , the Acts of our Assemblies demonstrat , that there was no such Power or Priviledge giv'n to any then in Scotland : yea , so much our Author himself presently proves , and overturns this his own Argument by citing another out of the Assembly July 1563 , ( 1568 , he should have said ) p viz. Anent the Order hereafter to be used in General Assemblies — They all voted and concluded as followeth , viz. that if the Order already received , pleases not , by reason of the plurality of Voices , it be reformed in this manner . First , that none have place to Vote , except Superintendents , Commissioners appointed for visiting the Kirks , and Ministers brought with them , presented as Persons able to reason , and having knowledge to judge : with the aforenamed shall be joined Commissioners of Burghs and Shires , together with Commissioners of Vniversities . Secondly . Ministers and Commissioners shall be Chosen at the Synodal-convention of the Diocess , by the Consent of the rest of the Ministers and Gentlemen , that shall conveen at the said Synodal-convention &c. From this Act 't is clear , that the former in 1562. has only been mention'd , never concluded ; or , at least , cass'd and repeal'd by some intervenient Assembly , otherways , there had been no place or ground for the Act of 1568. which presupposes , that ev'n these , that were not at all thus Chosen at the Synod , were free to come and Vote at the Assembly . So far was this liberty from being put in the Superintendent or Commissioner's Power . And indeed from this Act , 't is most evident , and 't is left on Record also , by the Vindicatour of Philadelphus , that before the time of this Act , all Ministers who pleased , were free to Vote at the Assemblies , & yet , with our Author , Petrie must be a mixer of lies for saying so much . But Calderwood ( saith our Author ) leaves out intirely these words , brought with them , i. e. with the Superintendents and Commissioners of Kirks , presented as Persons able to reason , and having knowledge to judge , whereby the Power of Superintendents and Commissioners for visiting of Kirks is quite stiffled , and the whole sense of the Act perverted . For what sense is it I pray , to say , that the Ministers were Chosen by Consent of the rest of the Ministers , when you tell not who was to choose , or who they were to whose choice or nomination the rest of the Ministers were to give that Consent , But to stiffle the Power he pleads for to Superintendents was a Work impossible , either to Calderwood , or any man else , the very Act it self most irrefragbly shewing , they could have none , save such as is in any meer Moderator of our Synods or Presbytries . For , be it , which yet the Assembly expresses not , that the Superintendents were to nominate Ministers for the Assembly , yet they could do no more , but only as the Synod by their Votes assented or choosed the nominated Persons , whom if the Synod or its major part rejected , these could not go to the Assembly , yet some behov'd to go , and consequently the Superintendent or Commissioner was to make a new Lite , and name again ; and if these did not yet please , another Lite , and so on , untill the Synod was satisfi'd , and choosed some Persons or other according to their pleasure , for the Assembly . This much is undeniably contain'd in the Act , and I 'm sure , no Moderator of any Synod or Presbytry injoyes any less Power , providing it deserve the name . Seeing then Brought with them , cannot possibly mean any peculiar Power , I see not wherein Calderwood by ommitting them can be culpable . Neither , can he be accused of nonsense , seing 't is sufficiently intelligible and plain how these Ministers and Commissioners could be chosen by the consent of the rest of his Brethren , the Ministers and Gentle-men , members of the Synod , who , by joynt and mutual consent , chused them after the Superintendent or Commissioners nominating or liting , which , by a fraud too palpable , he confounds with Election . And here it 's observable in how much torment and perplexity this so clear an Act involves all of ' em . Spotswood , adduc'd it in his latine Pamphlet , but is so soundly chastis'd by the Vindicator of Philadelphus , that our Author finds not a syllable to say in his defence . He pretends also to relate it in his History q , but with an essential Depravation , for he leaves out these words , Ministers and Commissirners of Shires shall be chosen at the Synodal Convention of the Diocy , with consent of the rest of the Ministers and Gentlemen that shall conveen at the said Synodal Convention . For , he saw it quite spoil'd his Cause , and really left the Superintendent no Power , but what was equally in any of the rest , and foists into the Text these such Ministers as the Superintendents should chuse in their Diocesan Synods . Neither can our Author be blameless in suppressing the following words . Commissioners of Burghs shall be appointed by the Council and Kirk of their own Towns , none shall be admitted without sufficient Commission in write . And least this should turn to perpetual Election of a few and certain Persons , it is concluded , Ministers and other Commissioners be changed from Assembly to Assembly . Whereby appears the Churches great care , that neither Superintendent nor any other might have ought like an Episcopal Power , and that all fit Persons might have equal priviledge of Voting at the Assemblies . There yet remain many of his pretended Disparities , but , are no more significative of eminency or superiour Office , no less communicable to the rest of the Ministers when Commissioners than were the former , as will be evident to any , who reads the Acts of the Assemblies , among which , he reckons the Superintendent 's modifying to Ministers their Stipends , as if , because Judas had the Bagg , and bare what was put therein , he had been Bishop over the rest of the Apostles . In the mean while , the Superintendents could do nothing of this , but only as Moderator of the provincial Synod . Another Deduction of no better metall is , r that the Laird of Dun , Superintendent of Angus , not as such , but by vertue of a particular Commission giv'n by the Assembly to him and others join'd with him , deposed a Regent of Aberdeen , a place intirely without the bounds of his Superintendency ; therefore Superintendents as such , had a Power Paramount and Episcopal . And was not such an arguer a man of sense ? I pass the rest of his thirty Disparities not without admiration , that such a fertile brain could not invent one other , for one and thirty used to carry the Game . Add to all this , that tho' some that had been Popish Bishops in Scotland and imbrac'd the Gospel , as Mr. Gordon of Galloway a man of no contemptible Gifts , were by our Reformers allow'd , without any new Admission , to dispence the Word aud Sacraments ; yet , they were never allow'd to exercise what they counted their Episcopal Function , or looked on as Bishops of these Dioceses : yea Mr. Gordon , tho' he earnestly sought for it , could never be admitted to Superintend in Galloway , which is a clear Demonstration , that our Reformers looked on the Episcopal preheminence as a meer Popish Corruption , otherways , why did not Mr. Gordon , verbi causâ , remain in the Power and Character he had enjoyed while Romanist . It 's most clear also from all the accounts we have of the Tulchan Bishops , that all men of all parties look'd on a Bishop , as a thing altogether diverse from a Superintendent . § . 20. And now at length hear him yeelding the whole Plea , s There was ( saith he ) a Principle had , then , got too much footing among some Protestant Divines , viz. That the best way to reform a Church , was , to recede as far from the Papists as they could ; to have nothing in common with them , but the essentials ; the necessary and indispensable Articles and Parts of Christian Religion ; whatever was , in its Nature indifferent , and not positively and expresly commanded in the Scriptures , if it was in fashion in the Popish Churches , was therefore to be laid aside , and avoided as a Corruption ; as having been abused , and made subservient to Superstition and Idolatry . This Principle John Knox was fond of , and maintain'd zealously ; and the rest of our reforming Preachers were much acted by his influences . In pursuance of this Principle , therefore , when they compil'd the first Book of Discipline , they would not Reform the old Polity , and purge it of such Corruptions as had crept into it , keeping still by the main draughts and lineaments of it ; — But they laid it quite aside , and in stead thereof hammer'd out a new Scheme , keeping at as great a distance from the old one , as they could , and as the essentials of Polity would allow them ; establishing no such thing , however , as Parity , as I have fully proven . And no wonder ; for as Imparity has , obviously , more of Order , beauty and usefulness in its aspect , so it had never so much as by dreaming , entred their tboughts , that it was a limb of Antichrist , or a relict of Popery . But was not Episcopacy in fashion in the Popish Churches ? And , dare he , yea or any mortal say , that ever our Reformers believed it to be an indispensible part of the Christian Religion positively and expresly commanded in the Scriptures : Do not therefore his saying establishing however no such thing as Parity &c and the rest of his Discourse mutually give the lie , and flee in the face of one another . And indeed , he here at once overthrows whatsoever he said on this Subject : and now for ever to silence all reasonable men , and stop them from such desperat adventures as this of our Authors , take the following Argument . Whatsoever our Reformers believed to be without the express and positive Testimony of the Scriptures , that they believed to be a damnable Corruption in Religion , and as such to be avoided . This the major is put beyond scruple , by what we have brought from the first Book of Discipline , Knox , and the Confessions of our Author : Now I subjoin . But they believed , that Episcopacy was altogether without any express or positive Testimony , yea , or any Warrant or Ground from the Word of God , the Books of the Old and New Testament ; Ergo &c. The minor is no less evident from what is already adduc'd : and moreover , from the latter Helvetian Confession , which was all ( save the allowance of the remembrance of some Holy Days , which they expresly disprov'd ) approv'd and subscribed by our whole General Assembly at Edinburgh , December 25. 1566. t For , in that Confession ( mark it , pray , carefully , and by no means forget , that our Church and Reformers , who approv'd and subscrib'd this Confession , firmly believ'd that , whatsoever is without the express Commandment of God's Word , is damnable to Man's Salvation . ) they say u There 's giv'n to all Ministers in the Church , one and the same Power or Function : And indeed , in the beginning , Bishops and Presbyters ruled the Church in common , none preferr'd himself to another , or usurped any more honourable Power or Dominion to himself over his fellow Bishops . But according to the words of the Lord , who will be first among you , let him be your Servant , they persevered in Humility , and helped one another by their mutual Duties , in Defending and Governing the Church . In the meantime for preserving Order , some one of the Ministers , did call the Assembly , and proposed these things that were to be consulted in the Meeting ; He did also receive the Opinions of others ; and finally , according to his Power , he took care that no confusion should arise , so S. Peter is said to have done in the Acts of the Apostles , who notwithstanding was never set over the rest , nor indu'd with greater power and honour , but the beginning took its rise from Vnity , that the Church might be declared to be one . And having related Hierome's Doctrine of the Idenity of Bishop & Presbyier thus they conclude . Therefore none may lawfully hinder to return to the ancient Constitution of the Church of God , and embrace it before human Custome . Thus far the Authors of that most famous Confession , who both in the Title page , and after the Preface expresly assert , that our Church of Scotland together with the Churches of Poland , Hungary , Geneve , Neocome , Myllhusium , and Wiend approved and subscribed this their Confession . From all which it 's easie to gather and perceive , with how black a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 our first Reformers and whole primitive Church Protestant branded Prelacy or Imparity amongst Pastors . Section IX . The Forraign reform'd Churches truly Presbyerian . BUT let 's hear the Judgement of the rest of the Reformers , and Reform'd transmarine Churches . Gerard , a famous Lutheran divine , a altho' , for Orders sake , he admit of some kind of Episcopacy , which really he makes as good as nothing above a Moderator-ship , yet even for that umbrage allows nothing but humane Institution , and will acknowledge no distinction by Divine Right between Bishop and Presbyter . The Papists ( saith he b ) especially place that superiour Power of Jurisdiction which they make to agree to Bishops in this , that the Bishops can Ordain Ministers but the Presbyters cannot . And all along this Question he strongly proves that , during the Apostolick age there was no such thing as a distinction between a Bishop and a preaching Presbyter : and enervats all the Arguments that both Romanists and other Prelatists commonly bring to the contrary . But , we need not insist on the Testimonies of particular Men : we have the joint suffrages of the body of Lutheran Divines , Luther himself being the mouth to the rest , in the Articles of Smalcald c . It 's clear ( say they ) even from the Confession of our Adversaries , that this Power , to wit of preaching , dispensing the Sacraments , Excommunication and Absolution , is common to all that are set over the Churches , whither they be called Pastors , Presbyters or Bishops : Wherefore Hierome plainly affirms , that there is no difference between Bishop and Presbyter , but that every Pastor was a Bishop . — Here Hierome teaches , that the distinction of degrees between a Bishop and a Presbyter or Pastor , was only appointed by humane Authority . And the matter it self ( continues Luther and his Associats ) declares no less , for , on both Bishop and Presbyter is laid the same Duty and the same Injunction . And only Ordination in after times made the difference between Bishop and Pastor . — And by Divine Right there is no difference between Bishop and Pastor . § 2. As for Calvin , his judgement in this matter was altogether conform to his practice , which by the very Adversaries themselves is made the very Patern of Presbytry , for he d asserts the Idenity of Bishop , Presbyter , Pastor , and Minister : and this Idenity of Bishop and Presbyter , he founds on Titus 1. and 5. compared with the 7 , as Hierome had done long before him , and Presbyterians do now . And when he descends to after times succeeding these of the Apostles , he tells us , e that then the Bishop had no Dominion over his Collegues sc. the Presbyters , but was among them , what the Consul was in the Senat , and his Office was to propone Matters , enquire the Votes , preside in Admonition , and moderat the Action , and put in Execution what was decreed by the whole Consistory : All which exceeded little or nothing the Office of a Moderator . And that even this ( saith he ) was introduced through the necessity of the time by humane consent is acknowledged by the Ancients themselves . But I shall not insist in citing Calvine nor Beza , who , every where is full sufficiently to our purpose , both of 'em being aboundantly vindicated , and evinc'd to be Presbyterian in a singular tractat by the most judicious Author of Rectius Instruendum , from the attempts of one who pretended to be Mathematico-Theologus , but was in reality Sophistico-Micrologus . And were there any doubt concerning these , as indeed there 's none , their Practice and that of the Church wherein they liv'd , our very Adversaries being Judges , sufficiently discuss it , and prove them to be truly Presbyterian : and to them subscribes the stream of transmarine Writers , Systematicks , Controvertists , and Commentators . As for Example , the famous and learn'd Musculus f asserts and proves from Acts 20. Philip. 1. and the like Texts , which we now use , that Bishop , Pastor and Presbyter are all one and the same , and that in one Church there were at one time conjunctly many Bishops . Of the same mind are all the Systematick Divines , yea even Tilen himself while Orthodox . We judge ( saith he g ) not only with Hierome , but also with Lombard , Gratian , Card. Cusan and others , that the preferring one out of the Colledge of Pastors to the rest , and giving him the name of Bishop was a humane Invention . This Author indeed alter'd his mind concerning Church Government when he pelagianiz'd , for then he turns altogether ( tho' to his cost ) a Hectorer of the Zelots of the Genevan Discipline . Time would fail me in collecting Testimonies of this kind , seeing , there were ever few , I may say none , save a small handfull in Britain , who have not asserted that , during the Apostolick age , there was no such thing , as any distinction between Bishop and Pastor or preaching Presbyter : and that among these there was an intire equality . To these we may add the Testimonies of the most and famousest of the reformed Churches in their Confessions , whereof we have seen not a few already , while we related the Testimony of the Helvetian Confession , together with the approbations thereof : no less illustrious and pregnant is the Testimony of the French Consession : We believe ( say they h ) that all true Pastors where ever they be , are endu'd with equal and the same power , under that one Head Christ the Chief and Vniversal Bishop . To the same purpose also speaks the Dutch Confession : We believe ( say they i ) that this true Church ought to be governed by that spiritual Policy , so that there be in it Pastors or Ministers that may purely dispense the Word and Sacraments , that there be also Elders and Deacons &c. § . 3. The harmonius and Catholick Testimony of all the reformed Churches are to some like pricks in their eyes , and thorns in their sides , and therefore , most various and hetrogeneous means are used to render it unserviceable . And amongst other things , we are told , that many forraign Divines and Churches have a great likeing for their Diocesan Way , and Zanchius ( say they k ) counts all its Opposers Schismaticks . But Maresius answers l that Zanchius never allow'd of a Lord Bishop , but only of such a one who is like a Rector of a Colledge , whose Power I 'm sure , is little or nothing above that of a Moderator . Maresius adds m that he can find in no place of Zanchius , the words Prideaux had alledg'd . And lastly , as Maresius tells us n , Zanchius professes that he cannot but love the zeal of such as hate the names of Bishop and Arch-Bishop , fearing least with these Names the ancient Ambition and Tyranny together with the destruction of the Churches should return . Prideaux also alledges that Calvin writing to the King of Poland , advises him to establish Bishops and Arch-bishops . But has the same return from Maresius o , viz. that this is the Bishop's own Dream , and that there is no such thing to be found in Calvin . This dealing is not very laudable . Neither are Means wanting to procure Advocats from Abroad ; one p whereof brings many things either to defend or excuse the Hierarchy , and to shew that it 's not ill link'd abroad , and amongst other things saith , q that notwithstanding of what is in the Helvetian Confession , its Authors condemn not the Liberty of other Churches as they manifest in their Preface , protesting , that in all this Confession they agreed with the Church of England . But this Author cann't be ignorant , that seeing , according to that Confession , Christ gave equal Power to all Pastors , and according to what is alledg'd to be the Judgement of the present Church of England , he did the quite contrary . Their Preface can by no means prove , that they allow of the Sentiments and Practice of the present English Church , except he would have the Preface to contradict the Confession . But all this he says is only to darken an evident Truth ; the meaning of the Preface being , that between the Helvetians and the English there was no such fundamental Difference as prohibited mutual Charity one to another which many have given , and may give to these , who , as they judge , retain'd many Errors , tho' not Fundamental . The same Author , r objects , that many Churches , and amongst others , that of the Helvetians , have either Bishops over their Pastors , or , which is really the same , Superintendents . But to instance in the Helvetians , they in their Confession saying that , Christ gave a like Power to all Pastors &c. and therefrom concluding , that none may hinder to return to Christ's primitive Institution , make most apparent that they intended no continuation of any Superiority amongst Pastors , and consequently of no Bistops , or , their equivalent , Superintendents : but all this work he makes , is dicis gratia for the fashion only : for if in Helvetia or else where , there be any umbrage of Bishops or Superintendents , it 's really an Obtrusion and Erastian Usurpation ; and this we may learn from himself , freely acknowledging , s that the chief legislative Power in the Church matters , is in the hands of the supream Magistrat . Otherways he confesses , that t the choisest of Writers , and amongst others , Hoornbeck , make the Discipline of the Scots , French , Dutch , and Helvetian Churches to be one and the same . Moreover , he sufficiently answers himself while , u he expresly grants , that between the Superintendents or Bishops through Germany , and these of England , there is an infinit difference , and that these in Germany have only a simple prerogative of Order , but not at all of any Jurisdiction , or any thing that can be properly term'd Power . Thus he . And I 'm sure , that any P●aeses of an Assembly hath no less Superiority than he here ascribes to these transmarine Superintendents or Bishops : and indeed , shortly to give an account of this Author , besides , as we have now seen , he is oblig'd to pull back with the one hand , what he had bestow'd on the Hierarchicks with the other ; his whole Discourse leans upon this Supposition , that there is no certain Form of Church Government left by Christ in his Word : on this depend his Glosses upon the passages we produced of the French and Dutch Confessions . Vide inter alia part . spec . a pag. 171 ad pag. 189 , where he all along presupposes and inculcats , that , tho' according to the Authors of the Confessions , Christ gave equal Power , &c. to all Pastors , yet in their Judgement if the Church will , she may alter this kind of Government , and change that Equality which Christ gave , for an Inequality , and give some Pastors a Power over the rest . Which , if it be not a Contradiction to these Confessions , in stead of an Explication , it looks as like it is one Crow can be like another . For , who can believe , but that if the Authors of these Confessions had believ'd an indifferency of Equality or Inequality of Pastors , they had either intimated so much , or been altogether silent thereof , neither of which they did , but gave to the World solemnly as the Confession of their Belief , that Christ gave to to all Pastors equal and the same power : and yet , if we believe this Interpreter , this that Christ gave may , according to the Authors of that Confession be relinquish'd when Men will , and Inequality , it 's quite contrary introduced in the place thereof . Is not this too like the dealing of the Romanists , who , when they are compell'd to acknowledge that the Apostles gave the Cup to the People , yet pretend that they may deprive them of what Christ and his Apostles gave them ? Divers indeed have said , that Church Government was among the Adiaphora , and things indifferent . But these were more wary then to say ( as he would have the Authors of these Confessions to say ) that Christ gave equal , and the same Power to all Pastors , yea , such used not to grant that Christ gave either Equality or Inequality of Power , but left all to the Churches management . Moreover , as he does us no dammage , so , I 'm sure , he does the present Hierarchicks as little service ; for , if this Hypothesis , that no kind of Church Government is juris divini , stand , then the jus divinum of Episcopacy is lost , and therefore I 'm sure , they shall give him as little thanks as we . 'T is also observable , that when ever the Authors of these Confessions , or other Divines of their Perswasion said , that Communion with Churches of a different Government was not to be broken , or any thing of that kind ; he presently inferrs that they judg'd any other form no less agreeable to the word of God than their own . And here I cann't but take nottice of what I have met with somewhere in M. Claude's historical defence of the Reformation ( for , at present , I have not the book ) viz. that Diocesan Episcopacy is no less condemnable than Pilgrimages , Purgatories , or some such Romish dotages which he there names , and how averse he was from Diocesan Episcopacy , is observed by the Prefacer to the English Translation : and yet , if we believe some , he gave large Testimonies of his great affection to the Diocesan cause . And this brings to mind another Artifice ; for when any Protestant Divines , considering the great Power of Popish Bishops , and vehemently desiring Peace for the free Preaching and Propagation of the Gospel , strain'd their Judgement , and seem'd at any time to do or say somewhat that appear'd to comply with Episcopacy , our Prelatists anone Infer , that such Divines were great Lovers of their Hierarchy . Thus , for Example , they abuse the Words and Actions of Melancton ; but they should remember that sometimes , driving the same Design , some of these Divines seem'd no less to comply with the Papacy it self , as appear'd at the pressing of the Interim . The same end drove Melancton , when , in a Conference at Ausburg , as Osiander relates x , he seem'd to yeeld somewhat of Jurisdiction to Bishops ; for be hop'd that , if Jurisdiction were granted them , they would not so much oppose the Gospel . But Philip consider'd not , ( continues Osiander ) that the Fox may change his hair , not his Temper . Melancton y granted also to the Pope , provided he would admit the Gospel , a superiority over other Bishops , founded only on humane right , and yeelded for procuring of the Peace of Christendom . Thus Melancton , through his extream desire of Peace , forc'd his own Judgement , for , with Luther and the rest , he subscribes the Smalkaldick Articles , wherein , as we have heard , the Scriptural Idenity of Bishop and Presbyter is most clearly asserted . But , what ever they say to perswade us , that these or other such Divines favour them , we are little oblig'd to believe it , for they believe it not themselves : and these of our Adversaries that speak out their mind freely , tell us , that all the transmarine reformed Churches are really Presbyterian : It were too much I 'm sure , to transcribe what D. Heylin says of this , for he freely grants it , and then through a whole large Folio , as such bespatters with the blackest of Railings and Calumnies , every one of the reformed Churches in particular . No less positive is Howell , z who makes Calvin the first Broacher of the Presbyterian Religion , And a little after , Thus ( saith he ) Geneva Lake swallowed up the Episcopal See , and Church Lands were made secular , which was the white they levell'd at . This Geneva Bird flew thence io France and hatch'd the Huguenots , which make about the tenth part of that People ; it took wing also to Bohemia and Germany high and loe , as the Palatinate , the land of Hesse , and the confederat Provinces of the States of Holland . Yea Bellarmine a , being to write against Presbytry , lays down in the entry as undeniable that ' t is the common doctrine of both Calvinists and Lutherans . § . 5. To these may be added all such as were valiant for the truths of God , and stoutly oppos'd themselves to Antichrist , before Luther , as the Waldenses and Albigenses , of whom Alphonsus de Castro b relates , that they deny'd any difference between Bishop and Presbyter , and herein differ'd nothing from Aërius . This same may be learn'd from Thuan c , who compares them with the English Non-conformists . So far from truth was D M. when d he says , that these only declaimed against the corrupt Manners of the Church of Rome , but never declaim'd against the subordination of one Priest unto another . This same doctrine held Wicklef and his followers , denying that there is any difference between Bishop and Presbyter e . The Waldenses and Wicklef were in this , as in the rest of their Articles , follow'd by J. Huss and his Adherents , who also asserted , that there ought to be no difference between Bishop and Presbyter or among Priests f . Yea so Catholick and universall hath this doctrine , of the Identity of Bishop and Presbyter , still been , that it hath all along , by the Romanists , been justly reck'n'd a prime doctrine of Romes Opposers g . Nor shall yow readily find one before Luther , for of such I now speak , of Truth 's Witnesses who condemn'd not all distinction between Bishop and Presbyter . § . 6. And even in England it self after the Reformation , the famousest Bishops and lights of that Church , as Hooper , Latimer , and others , could not , without great difficulty and reluctancy , admitt the exercing of the Episcopal Office , the using of their Priestly vestments &c : to be in any sense lawfull : so far were they from believing a Divine Right of Diocesan Episcopacy . But , as Voëtius observes h the use of it was excus'd rather than defended . The first , or at least the Standard-bearer among the first , that either in England , or any where else in the reform'd World , had the brow to assert its Divine Right , appear'd in the latter part of Queen Elizabeths Reign : neither was he a Native of Britain , but a Flemming , I mean Hadrian Saravia once a Pastor in the reform'd Netherlands , but , as Maresius witnesses i , reject'd by them , as being an Enemy to both their Church and State. Neither was he better look'd on , as himself acknowledges k , by the rest of the reform'd Churches abroad . And I think every true Protestant will yeeld that they had reason so to do , seeing he dares make l not only Bishops , but also Arch-Bishops , Metropolitans , yea and Patriarchs to be of Divine Right . And over all these he places the Bishop of Rome , as the Supream in Order and Honour . He contends moreover , that one Man may be lawfully enough both a Bishop and a Civil Magistrat , and exerce one of these Offices by himself , and another by his Substitutes . m The vast Rents of Prelates , the external Pomp of Honours , Titles , and train like that of the greatest secular Nobles , agree well enough with the simplicity of a Gospel-Ministry . They may lawfully enough in their Grandor and multitude of Servants imitat the greatest Earls and Dukes . All this is sufficiently warranted by Christ while he chus'd twelve Apostles , and seventy Disciples . If you tell him that Christ riding to Jerusalem had no train of Servants , no Noble-men attending him , adorn'd with golden Chains , and riding on trapped Horses , he answers , that Christ did so throw the necessity of that time , least he had been suspected as affecting an earthly Kingdom , and that his want of such Splendor , was the fault of Herod and such Princes as knew him not . This Argument ( continues Saravia ) that they make against the Popish Prelats and ours , is frivolous , for it 's deduc'd from the Deeds of the Infidels , and hath no place among Christians . Tho' n Bishops have Bands of arm'd Men to guard 'em , and Noble-men adorn'd with golden Chains constantly to Page and attend them ; this ought to offend no Body . And whatsoever he says for covering this Scandal that such superlative Grandour , Pomp and Vanity give to every sober Beholder , his Reader shall find to be nothing else save what 's commonly brought to palliat the Offence which the World so justly takes at the Luciferian Pride and Arrogance of the great Antichrist : yea even long after that time , notwithstanding of all the endeavours of Saravia and his Complices , so great a Stranger was this Doctrine even there , that T. Holland o , the King's Professor at Oxford branded Laud with publick infamy for asserting the divine right of Episcopacy . Section X. Some of the manifold inconveniences and noxious Qualities of Prelacy briefly mention'd . I Might , in the next place , enlarge on its Concomitants and Qualities : a few whereof I shall only name . One of these was a direfull Spirit of Persecution , which still rag'd during the Prelatical Government , the sad effects whereof , through no small part of this Kingdom , on both Bodies and Consciences of the best part of Protestants therein , and that for their refusal of the very things which many of the Urgers acknowledg'd to be altogether indifferent , are but too well known . § . 2. Another of its Qualities , little better than the former , is their Schismatical Practice and Principles ; as for instance , at the last return of Prelats , the Church of Scotland , whatsoever Differences might have been therein , yet was but one , and not Altar against Altar : did they not then become the Authors of a compleat National Schism , while they broke the whole Church into Parties , to the end ( only ) they might establish such things as many of themselves acknowledg'd to be indifferent ? Again , their re-entry into Scotland was so far from being Legal , that it wanted the very colour of all Order & Law : for no General Assembly of whatsoever kind introduc'd them . Seeing then this Church has , ever since her return from Rome , held General and National Assemblies for her supream Judicatory , and Prelats were extruded by full National Assemblies , they ought , for their re-entry without the like Authority , to be accounted , by all true Members of the Church of Scotland , manifest Violators of all her Laws and Authority . And while they upbraid us with the Crime of Separation , are exactly like these , who , having overturn'd all fundamental Laws of a Society , and ruin'd all both Officers and Members cleaving thereto , should moreover reproach them , upon this very account , that they would not subscribe to the overthrow of their fundamental Laws and Constitution . But marvel not tho' they made so wide a Breach here ; for they give but too much ground to judge , that they have separated themselves from the Body of the reform'd Churches ; as appears , amongst other things , in their Doctrine and Practice of Re-ordaining all who come over unto them from these Churches . Some indeed would perswade us , that they hold this but as a small Ceremony ; but yet it 's such an one , as , for ought I can learn , they will never quite with , notwithstanding of all the Scandals giv'n or taken thereby . And the most earnest Asserters of Episcopacy have their Episcopal Ordination in such esteem , that they account none true Ministers without it ; and so look on most of the Reform'd Churches as being without all true Ministers , & consequently without either true Preaching or true Sacraments . And is not this too like a Donatistick Schism ? And is it strange then that our Church did still , with greatest care and vigor , tho' on this account only , oppose Prelacy and Prelatists , they being generally leaven'd with such dangerous Principles ? And here observe that all the Heats and Debates that were in our Church since her Reformation from Popery , owe their Original , either more directly , to Prelacy , while she strove to keep or drive it out of Scotland : or more indirectly , while some ( if on good ground or otherwise , I determine not ) greatly feared that some Persons or Practices would prove introductive thereof ; and therefore , against the mind of others , sought to have them laid aside . And thus Prelacy , whither present or absent , hath still been the bane of this Church . And there 's little doubt , but that they were so wise , in their Generation , as both to kindle and blow at the fire of any Division that happen'd . § . 3. And , as they give but too evident signs of their separating from the Body of the reform'd Churches , so , in too many things they but too nigh approach the Romanists . Their Government and Hierarchick Scale is one and the same , save one roundle , with that of Rome . All their Arguments they bring , either from Scripture or Antiquity , are learn'd from Bellarmine and such Romanists , and admit no less improvement for the evincing a papal Authority , than the Episcopals have made thereof for the establishing of their prelatical Power . The Romanists affirm , that the Apostles and Evangelists were Prelats of particular Diocesses , and that a power properly Apostolick still remains in the Church . In these and other such Positions too many of our Episcopal Men are ready to follow them . But leaving the Apostolick times , descend to the subsequent Ages call'd Antiquity , there , they 're Pylades and Orestes , mutual Supporters of one another , and have , in arguing from this Fountain so great a resemblace , that you shall scarce know with whither of the two ye are dealing . Neither , as we have already touch'd , in the Topicks they pretend to draw from Reason , as that of Order and the like , is there between them any less Consanguinity . § . 4. The Practice also of our Prelats both former and latter bore no small resemblance to that of the Romanists , while they affected so earnestly a secular Grandour , and the sullying the purity and simplicity of the Gospel , with a mass of Superstition and Romish Ceremonies . The affection of too many of that Party to Rome was also visible in their earnestness to get and keep a zealous Papist upon the Throne , and in their melancholick and Pannick-fears at any appearance of our Relief from Slavery and imminent danger of Popery . And lastly , in their excessive Joy when any hope of our Delivery seem to have been crush'd and blasted . All this was most legible in their Practice at the appearance of the Duke of Monmouth and the Earl of Argyle , and the failing of their Designs . They were no less gall'd and vex'd at the most noble and happy Design of his present Majesty , praying , in the chief Churches of this Kingdom , that he , might be sunk as a Stone in the mighty Waters . And after his entry that , as his Army came in one way , it might be scatter'd seven ways . § . 5. Add to all this , their either more indirect , or down-right calumniating and maligning of the reform'd Churches and first Reformers , placing them in the same Category with Papists . Take for instance the frontispicial Lines of Nalson's Collections , Like Bifrons Janus next does court your eye Rome and Geneva in Epitome , They squint two ways in the main Point agree . And indeed this is but their kindest dealing . Neither do they then speak as they think ; for their Love and Charity is by many degrees greater toward the Romanists , than to the reform'd Churches . They will admit none of the latter to a pastoral Office if they refuse Re-Ordination ; but kindly receive a Romish Priest without it . Of the most learn'd and godly Protestant Dissenters from them , they speak most contemptuously a terming them Arch-schismaticks . But the Jesuit Bellarmine , and Baron the Popish grand Legendarie , they with greatest deference call most eminent Cardinals . Yea even in the chief Churches of this Kingdom , they repeated their invectives against our first Reformers and Reformation , and in some Churches thereof , they were not asham'd to say , that our Reformation was Deformation : Knox deserved knocks . On the other hand , not a few of 'em all along shew'd no little warmth of affection to Papists , intitulating them to the same God , and Heaven with themselves , and asserting their neighbourhood and conjunction to be infinitely more eligible than that of these whom they-call'd Phanaticks , as appears , for instance , in a printed Sermon of Mr Mcqueen . And Heylin b says , that the Genevan Discipline was begotten in Rebellion , born in Sedition , and nursed up by Faction . And indeed this Author is an Enemy so open and implacable to all the reform'd Churches , that Strada , Gretser , Becan , Campian , or the like most fiery and venemous Loyolites could scarce , with all their impudent slanders and infernal rage , out-do , yea or equal him . With such stuff most of his Works , and especially his History of the Presbyterians , are wholly cramm'd . Yea , he doubts not c to call both Luther and Calvin Maniches , i. e. such as hold two infinite Beings , or two Gods. Others of the Faction , as Dodwell , are ready to pronounce all , who dislike Diocesan Episcopacy , guilty of the Sin against the Holy Ghost . But the World hath now seen , that the most fiery of such Zelots at length threw off the Mask , and profess'd themselves Romanists : as for instance L' Estrange or else , which their own Dr. Burnet d observes of Heylin , one would think they had been secretly set on by these of the Church of Rome . And so , they were , in their profession of Protestancy , hatefull Hypocrites , that they might the more easily bespatter and gore the protestant Religion through the sides of Presbytry . Others of 'em are yet more down-right Atheists , who , if they hear the wrath of God , and Hells torments denounc'd against impenitent Sinners , will tell you e that such a Doctctrine came from a Winter-Preacher , so that if a Schytian or Groenlander , who are habituated to such extream cold , had heard him , they would have thought he preach'd of Paradice . And some call the Doctrine of Communion with God and Faith in Jesus Christ , fine Fables and Stories . Behold the Men who make it their chief Work to adore the Hierarchy , and inveigh against Presbytry : which brings to mind the saying of Tertullian , f that Christianity must needs be some excellent thing , seeing only Nero and such Monsters were its prime Persecuters . Some there are also ( as their own Edwards g relates ) even of their Reverend Divines , who turn all the Mosaick History concerning Adam and Eve , the Serpent , Paradice , eating the forbidden Fruit , and all the passages relating to them , into Parable , yea into Ridicule ; saying that Moses only so talked in complyance with the blockish , and thick skull'd Israelites , but not a syllable of truth is in all that he saith . This is very strange language ( subjoins Edwards ) from a Reverend Divine , who thereby destroyes the whole system of Theology , and of Christianity it self . And yet , for such black and hainous Crimes we cann't hear that they undergoe the least degree of Censure . In my Judgement , ( saith Edwards ) if there be no publick Censure pass'd upon such a daring Attempt as this , by a Member of our Church , Athiests will have just ground to laugh at our Discipline . And here in Scotland , all along during their Reign , how closely did they connive at such Irreligion , as also , at all the growth and progress then made by the active Spirit of Popery : and in stead of being providers against such Pests , some of our Prelats at Court prov'd Mediators in their behalf , saying , that there was less to be fear'd from Papists than from Phanaticks . And in answer to some imputing gross Enormities to the Church of Rome , said , that such things were only to be ascrib'd to the Court of Rome , not to the Church of Rome . Add hereto the great love of not a few of 'em to the Pelagian , Jesuitick or Arminian Doctrines , Hypotheses clean contrary to the belief of all the reform'd Churches ; and more especially to that of the Church of Scotland . They pretend notwithstanding , as if the establishing of Prelacy were the debarring of Popery . Episcopacy ( say h they ) was so far from being judg'd a step to it , that the ruine of the Episcopal Authority over Presbyters , and the granting them exemptions from the jurisdiction of their Ordinary , was the greatest advance the Roman Bishop ever made in his tyrannical Vsurpation over Churches . I need not here tell so known a matter , as is that of the exemption of the Regulars , who being subject to their own Superiours and Generals , and by them to the Pope , were sent through the World in swarms ; and with great shows of Piety , Devotion , and Poverty , carried away all the esteem , and following from the secular Clergy ; who were indeed become too secular , and these were the Popes Agents and Emissaries , who brought the World to receive the Mark of the Beast , and wonder at her . For before that time , the Popes found more difficulty to carry on their Pretensions , both from secular Princes and Bishops : but these Regulars being warranted to Preach and Administer the Sacraments without the Bishops licence , or being subject and accountable to him ; as they brought the Bishops under great contempt , so they were the Popes chief Confidents in all their treasonable Plots against the Princes of Europe . And when at the Council of Trent , the Bishops of Spain being weary of the insolencies of the Regulars , and of the Papal Yoke , design'd to get free from it . The great Mean they proposed , was to get Episcopacy declared to be of Divine Right , which would have struck out both the one and the other . But the Papal Party fore-saw this well , and opposed it with all the Artifice imaginable : and Lainez the Jesuit , did at large discourse against it ; and they carried it so , that it was not permitted to be declared of Divine Right . And by this , judge if it be likely that the Papacy owes its rise to Episcopacy . The emptiness of which discourse is apparent . For , First , The tendency and nature of Prelacy , and the Topicks whereon they Found it , aiming no less at one Head over all , then at one Prelat over a few Churches , make evident , that he touches not the Argument in hand , only giving out that some time by one accident or other , the humbling , and depression of the Prelats prov'd the Popes exaltation . Secondly , Strange , I 'm sure , and most demonstrative must the Reasons be that make null clear Matters of Fact , or perswade Men that such things have never been ; and 't is undeniable that the Councils and other Caballs , which from time to time rais'd the Pope gradually to his present hight , were all consisting of , or manag'd by Bishops ; and if any hapen'd to spurn at his rising , the Pope got still far more then a plurality to crush them : and indeed 't was impossible the Pope should have risen by any other means , the whole sway of Church Affairs and guidance thereof being then in the hands of Bishops : wherefore if the Pope was rais'd to despotick Soveraignity , whereby he might absolutely dispense of Church Affairs , and trample at pleasure on the fairest mitres , they only are to be blamed , having themselves advanc'd him to this transcendental Preheminency . Thirdly , Neither are the Bishops less guilty of this the Popes exaltation , upon the account of their profound sloth and negligence : the Author well observes , that they were become too secular , and indeed they were so immers'd in Luxury and Ambition , that providing they might wallow in their Lusts , and obtain from the Pope a Domination over other Churches , they little valued any thing else . Fourthly , But 't is yet more admirable how he can alledge , that the Regulars brought the World to receive the Mark of the Beast : as if the Bishops ( for this he must intimat or he says nothing ) had been innocent ; he 's too learn'd not to know that gross Papal Darkness had over-spread the World ere ever any such Exemptions were giv'n , or the Regulars distinguished from Seculars . 'T is true indeed that the swarms of Friers were amongst the most pestiferous Locusts , the World hath been pestered withall , but , to lay all or the greatest share of this Guilt of exalting the Pope , on their shoulders , is a shrewd evidence of partiality ; nothing being more notour , then that as the Bishops were the main Assistants and Supporters in every Innovation he decreed , so they with the greatest care , rigour and fury press'd them on both Clergy and People . Fifthly , That the wicked fraternities in the several Orders of Regulars , were the Popes Agents in contriving , and sometimes effecting the ruine of Kings and Princes , is but too well known and evident enough ; yet that the Prelats were no less guilty , and far more efficacious herein , is no less deniable . Were there no Bishops supporting the Pope in his War against the Emperour Barbarossa ? Did not a crew of the same Cattel join him in Dethroning Henry the IV ? And at a word , where did ever the Pope make his impresses , but he was strengthn'd by their arm and support . Sixthly , But tho' Episcopacy at the Council of Trent had been declar'd of Divine Right , what great relief had this been , either from the Papal Yoak , or insolencies of the Regulars ; it might perhaps for the time have procur'd some more Honour to the Bishops for the Pope's Italians of other Orders : but might not the Pope notwithstanding , by his boundless Authority and Supremacy he pretends over all Bishops , have continued to gall and oppress their Order , and also send , especially where the negligence of Prelats invited him , his Missionaries through the World , yea thus the Pope's power paramount had not once been touch'd at that Council , or hurt by such a Declaration . Was his infallibility ever there question'd by the Bishops ? Did they at all endeavour the removal of the unsupportable Burdens and Slavery the Church groan'd under ? And should it not have been a great benefite to the Church , or diminishing the Pope's power , tho' his Holiness had pleased to declare the Divine Right of their Office ? Seventhly , But whatever it was the Bishops aim'd at in the Council of Trent , I 'm not much concern'd ; only I would gladly know , how from this their Action it follows that Bishops had never been the Men , or Episcopacy one of the means whereby the Papacy had been brought into the World ; which is the Author's Inference , and is just as one should reason thus : some of Alexander's Macedonian Souldiers , vex'd with his tyranny and insolence , and his preferring of Strangers , attempted his down-throw : ( the like may be said of some of the Souldiers of Julius Caesar , Galba , Didius Julianus , Maximinus and others ) therefore they had not contributed to the raising and absolute Supremacy of these Princes . And should not such an one be reckon'd an admirable Logician ? And yet this Inference should be far more pardonable than the former ; in so much as the thing the Bishops aim'd at against the Papacy , if it can be call'd any thing , came infinitely short of what these Conspirators attempted upon the powers they deem'd unsupportable . And by this , judge if the most earnest efforts of their chiefest Authors make it in the least improbable , that the Papacy owes its rise to Episcopacy : and if such pitifull paralogisms proclaim not , that they can really find nothing wherewith to cover Prelacy from the heavy ; but just imputation of being the certain introductive of Popery . § . 6. This odd reasoning of the Doctor minds me of another of his of his Essayes , or Retorsions which is of Kin to this Argumentation . May not one ( saith he i ) that quarrells a standing Ministry , argue on the same Grounds , a Ministers Authority over the People , gave the rise to the Authority Bishops pretend over Ministers , and so the Minister will be concluded the first step of the Beast's Throne ? But this retorsion , being once handl'd , shall hurt us no more , then what we have already removed ; for take a Gospel Ministry unconfounded with a papal Hierarchy , and then there is not the least colour or pretext for any Man 's ascribing to it the first rise of Popery , the parity we plead for among Pastors of Flocks secures a Gospel-Ministry from any force or appearance of reason in any such assault : whereas ( on which I 'm not now to dwell ) the Topicks establishing Prelacy , tend no less to assert a Papacy . But again the belief of a Gospel-Ministry as a thing altogether necessary for the Being of a Church , is so well and so universally rooted in the hearts of all Christians , that they , compar'd with the rest , have scarce amounted to a handfull who had the holdness to deny it ; and so there 's little hazard to be fear'd from these few contemptible Objectors : and tho' there seem'd to be , and the Objection should appear never so pungent , yet it could be really of no weight against so necessary and indispensible an Ordinance . Whereas on the other hand , there 's so little necessity of Prelacy , that the far greatest and best part of its Abettors , and in these the Author himself ( as in due time shall appear ) grants , that 't is no different Order from Presbytry , has no footing in the Word of God , and in a word to the overthrow of his Principles , confounds a Prelat with a parochial Pastor . Another grand , but just prejudice against the Hierarchy , is the looseness and prophanity most frequently cleaving thereto : how prophane and scandalous they and theirs were , during former Prelacy , has already appear'd : of the latter the matter is no less evident ; for at such a height & growth during their Government , yea under their wings did prophanity , abusing of God's blessed Name , and such gross immoralities arrive , that to abstain from such vices and follow piety , was a Crime well nigh able to make a Man pass for a Whig and Phanatick , and what hazard did enshew these Sir-names , none is ignorant . All this and much more was not only evident to the body of this Kingdom , but was also notic'd abroad : and , amongst others , by their Friend R. Coke . Yea his Majesty , whom Divine Mercy sent for our Relief , well knew 't , and accordingly , in his Declaration for Scotland , has , amongst many others , this most memorable Sentence . Although ( saith He ) the Dissenters have just cause of distrust when they call to mind how some hundreds of their Ministers were driven out of their Churches without either Accusation or Citation : the filling of many of whose Places with Ignorant and Scandalous Persons hath been one great occasion of all those Miseries which that Country for a long time hath groaned under . They may pretend that such Enormities were only accidental to Prelacy , which may fall out under any Government : but none versant in Church Story is ignorant how much mischief and scandal this Hierarchy hath cast upon Christianity . Let them read Socrates and other Records of these more ancient times , and they shall find that the Prelats , tho' but beginning to appear , and by far , not so degenerat from the simplicity of the Gospel as afterward by their swelling tympany , and aspiring to Domination , induc'd the People to commit the most lewd and vile Pranks readily imaginable , to the doolfull scandalizing of Jew and Gentile , and their utter abominating of Christianity it self : as is clear from the miserable Havock , Destruction and Slaughter , the contrary Factions of Bishops in the Plea for the Episcopal See between Damasus and Vrsinus prompted the People to commit , from the most scandalous Pranks of Theophilus Bishop of Alexandria , the most unhumane and barbarous concomitants and consequents of the Deposition of Chrysostome with many other such open Impieties , all caus'd and occasion'd by the Prelatick pride and insolency , which publick and most scandalous Enormities , had the Christian World retain'd the truly Primitive and Apostolick Parity we plead for , could never have hapned : for had the Superiority , Riches , and Grandour , the very aples of these most unchristian Contentions , been wanting , and had every Pastor been kept at the earnest labour of Teaching , Exhorting , and Catechising a particular Flock or Congregation , with only such a competent Stipend as suffic'd to secure him from the contempt of Poverty , not to feed Luxury , Grandour and such like Vices , there had been no occasion of such lamentable Broyls . This was observ'd by Nazianzen , who himself was Bishop of Constantinople , and therefore he earnestly wish'd k that there had been no primacy of Place , no Prelacy , no Prerogative , no Superiour or Inferiour Degrees of Pastors . The marrow of Saravia's Answer l to this most cogent place of Nazianzen , is that he finds no fault with the Order of Degrees themselves but with Men , and with the times wherein the ambition of the Arrians troubl'd the Church . The common and blunt shift of the Romanists whereby to palliat the unlawfullness of their Papacy , and a real and clear contradiction of Nazianzen's plain words . And was not afterward the Papal and Prelatical pride , and affectation of secular rule the prime source of the unspeakable Evils that reign'd all along before the Reformation , and yet continue in the Papacy ? Is not that Kingdom where Prelacy is of most account fill'd with the most idle , naughty , and profain Clergy-men that are to be found , at least , in the Protestant World ? And how can it be otherwise , seeing things or Offices retaining litle or nothing of what did primitively constitute them , produce quite contrary effects to these design'd by the Authors thereof ? But nothing is more plain , than that the simplicity of the Gospel-Ministry is alter'd into a secular Grandour , more by far , resembling the Princes of the Gentiles , than the Apostles of our Meek and Lowly Jesus , who came not to be ministred to , but to Minister . Now the best of things once degenerat become most noxious ; what can therefore be expected from such but that they should suit their Government and Policy , change the Spirit of a Gospel-Ministry for that of Pomp and Secularity , grow intirely Carnal , and so become the source of Prophanity in stead of Holiness ? Part II. Wherein the Epistles of Ignatius are more particularly consider'd , and the Plea of the Hierarchicks therefrom , examin'd . Section I. Of the Author and his Work. IT is evident and clear to the more thinking and ingenuous part of the Christian World , how Rome's Advocats , while they Agent her Cause from the truly Canonical Writings of the Apostles and Prophets , after some few struglings , sorry evasions and feeble resistance , are compell'd to give back , and , in reality , abandon their Posts : but were they permitted to use Apocryphal Writings , which , they say are Ancient enough , and written not long after the Holy Scriptures ; were not these also pull'd out of their hands by demonstrating the spuriousness thereof ; they should perhaps make a greater appearance , and keep the fields somewhat longer . The same also is the fate of other Hierarchicks pleading the Cause of Episcopacy : for while they manage it from Scripture-grounds , you may perceive them to make so wide and incoherent Deductions , so slender and pitifull Defences , so wild and unbottom'd Distinctions , as loudly proclaim that , except they procure Auxuliaries from some other where , they must also defert their Cause , and leave the Field to their Adversaries . But let them descend somewhat lower to Ecclesiastick Antiquities , we shall find their confidence stronger : for they then bring a multitude of great Names , as so many arm'd Champions marshell'd in Rank and Order . Among these there be some , wherewith , as with so many Elephants , they threaten to make vast lanes among their Adversaries : but there 's no great cause of terror ; for if they be but boldly confronted we shall then find them either , like these Elephants Ctesias and Diodore fable to have been us'd by their fictitious Semiramis , deceitfull Images and hobgoblings to strike a vain fear in their Enemies : or like the African Elephants in Polybius , which , in stead of destroying the adverse Party , frequently turn'd back , dissipated and overthrew these who brought them to the Battel . The greatest of these , and whom they with most confidence produce , is their Epistolick Ignatius , who is to them as one of the Hee-goats and Rams before the Flock , of whom they boast as if nothing should stand before him . It shall not therefore be amiss if ( as we promis'd ) we look more narrowly into this their bold Assertion , and examine if their Grounds be equal to their Confidence . § . 2. Ignatius , as Eusebius a relates , was a Bishop or Pastor of Antioch , and being brought to Rome in the time of Trajan the Emperour , gloriously laid down his Life for the Cause of Christianity . He is said to have written in his Journey to Rome , several Epistles , viz. To the Smyrneans , to Polycarp , to the Ephesians , to the Magnesians , to the Philadelphians , to the Trallians and Romans , all which are either mention'd or cited by Eusebius . There are other Epistles also by Writers of a much later date , ascribed to Ignatius ; but in the first seven only do our Adversaries place the weight of their Cause ; and therefore with them alone we shall be concerned . § . 3. Of these Epistles in the former Century , first in Latine and then in Greek , appeared at the first but two or three only ; afterward they amounted to fifteen , all which they Father'd upon Ignatius : these were greedily hugg'd by the Romanists ; and reason they had so to do , most of these Epistles being fraughted with stuff that savour'd of the Romish Innovations , and proclaim'd them several Centuries posteriour to Ignatius his Age , and accordingly these Editions were scarce born while they were condemn'd and stigmatiz'd by the most learn'd of the Reform'd viz. Calvin , the Magdeburgick Centuriators , and afterwards by Whittaker , Perkins , Scultet , Rivet , and others , as the issue of a quite other Parent than him of whom they boasted . § . 4. Notwithstanding hereof the Advocats for Prelacy , such as Whitgift , Bilson , Dounam , Heylyn , Taylor and the rest of the Party , lean'd on these Epistles as firm propes of their Caufe , giving severals of 'em the Epithets of Learned and Pious without the least exception . Thus , for a long time , were these Epistles condemn'd by many , yet applauded by a few . § . 5. But at length the most learn'd and famous Dr. Vshher lighted on two Latine Manuscripts , much differing from the former Editions , and containing many passages cited by the Ancients , that were wanting in the former . And soon after Isaacus Vossius produc'd a Greek Coppy out of the Duke of Tuscanie's Library , in many things agreeing with Vsher's Manuscripts . These Coppies bred a wonderfull confidence in the minds of the Episcopal Party : after which every one of them gave his loud 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and therewith pleas'd themselves , as if the Controversie concerning Prelacy had been already determin'd by a Divine Oracle . But in the mean while , and by this very Action of imbracing and extolling this new Edition , as the only genuine Coppy of Ignatius . They publish'd to the World that they had all along ( while in conjunction with Romanists and in opposition to Protestants they so passionatly propugn'd the former Editions ) either been lamentably shallow in their knowledge of Ecclesiastick Antiquity , notwithstanding their great boast thereof , as if all Men beside were Dwerfs herein : or , which is little better , exceedingly partial in favours of their Cause and Interest . However , maugre all such Impeachments , they alter their Judgements as they see fit , reject what they had but the other day warmly hugg'd , and applaud their new Ignatius . § . 6. Yet also they were their alone herein : for the most learn'd , and these of the reform'd Churches who were most able to give Judgement concerning such Controversies , as Blondel , Salmasius and others continu'd in their former Sentiment , believing that these new Copies did as really ly under just suspicion as the Old. After divers Re-encounters amongst learn'd Men concerning these Epistles , Dallaeus a learn'd French Minister wrote more largely and directly to evince them spurious , but was oppos'd by Dr. Beverige , and D. Pearson who wrote his Vindiciae Ignatianae , a large and laborious Work , to prove that these Epistles were the genuine product of Ignatius , in which his Party triumphed not a little , apprehending that this Matter was decided ; so as there was no more Dispute or Opposition to be feared . But 't was not long till Daill's Defence was undertaken by Monsieur L'arroque another learn'd Pastor of the French Church : and being again oppos'd by Pearson and Beverge , wrote a second time concerning the same Subject . § . 7. But such Arts were us'd as suppress'd and stiffl'd the Work of this learn'd Author : of which Book L'arroque's Son , in his Life , prefix'd to his Adversaria Sacra gives us this account , a He publish'd his Observations on Pearson's vindiciae Ignatianae , and Beverige ' s Annotations , which came to the light by this occasion : John Daille being departed this Life , two great Englishmen who had procur'd to themselves a perpetual Fame , of whom the one lately deceas'd , had the Name of the Bishop of Chester , the other was adorn'd with the Title of Dr. but deserv'd a greater Dignity , exploded what Daille had written concerning Ignatius his Epistles . But L'arroque in favours of his deceas'd Friend , undertook the Patrociny of this Hero ; and except Fame be altogether false , has fortunatly defended his Judgement . These Observations were again assaulted by the famous Beverige , to whom our Author preparing an Answer , which we have by us , almost perfected , thro' the Importunity of some Friends was suddenly turn'd another way . This he did the more willingly , both because he had done enough in favours of his dead Friend , and also that he might make it appear , that seeing while he was yet fresh , he sounded a retreat , he had unwillingly entred the Lists with the English Protestants . Thus he , and who these Friends were , we are inform'd by another Author , a Man of the Episcopal Perswasion , and therefore may the better be believ'd in this Matter , viz. Jos. Walker Translator of L'arroque's History of the Eucharist , who , describing the Life of L'arroque , which he prefixes to his Translation , tells us , that at the request of some Persons favouring Episcopacy , he did not finish this his second Piece . From these Authors it 's sufficiently evident , that the issue of this Debate concerning Ignatius his Epistles , was neither advantagious nor honourable to the Favourers of Episcopacy ; seeing by such doings they acknowledg'd their Adversary so formidable that , except by powerfull Sollicitations and charms the Storm were diverted , nothing less than the utter ruine of their Cause was to be feared . Now , by these their dealings so dishonest both first and last , judge if such Men don't at once bewray extream want of candour and diffidence in their Cause . And this much was meet here to be premis'd in favours of many , who may have been ●●umbled at the great Name of Ignatius , and yet altogether Strangers to the thoughts of the more learn'd , and ingenuous concerning the Epistles that bear his Name . § . 8. In this Ignatius the Patrons of the Hierarchy wonderfully please themselves , and triumph b as if from thence Prelacy receiv'd a most sufficient support and proof , well nigh infallible , of its divine Institution , and that if these Epistles be his , Presbytrie's undone . For , if we believe them , Ignatius is for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or genuinness of these Epistles above the smallest suspicion of Forgery , for Antiquity and Vicinity to the Apostles , above possibility of being mistaken : and finally , for clearness in the Episcopal Cause , above doubt or scruple . Now seeing , so far as I know , little or nothing of this Subject is yet in English , and the ears of many who know no other Tongue , are perpetually beaten & deafned with a mighty noise , as if all the lofty Titles and Honours of Prelacy were adopted by a genuine and Apostolick Ignatius ; it shall neither be improfitable nor unacceptable , if with a convenient brevity we ouerthrow the principal Pillars of so proud a Structure ; and render the Weapons , in the estimat of our Adversaries so keen and weighty , compleatly unserviceable to their Cause . § . 9. I therefore with no less confidence deny what they so boldly affirm . I deny that the Epistles ascribed to Ignatius , whether of the elder or later Editions , are throughly genuine , and so free of Forgeries , that no chaff hath been thrown into , and hudl'd amongst the grains of Wheat that may remain therein . I deny that the Antiquity of the true Ignatius was able to secure him from all Lapses and Mistakes ; or that in his time some Churches might not be itching after several Novelties . I deny finally that he is so clear and positive in the Matter of Episcopacy , as to denude Presbyterians of all rational Defence , should they acquiesce in his Judgement , and herein join with their Adversaries , who still appeal to Ignatius his Bar. But I shall not rest in Denials , but shall turn them to so many contrary Positions , and demonstrat each of 'em in particular . Section II. The first Hypothesis viz that Ignatius is interpolated . MY first Assertion therefore is that the Epistles ascrib'd to Ignatius , whether of the Elder or Later Editions , are not throughly genuine , nor so free of Forgeries , that no Chaff hath been thrown into and hudl'd amongst the grains of Wheat that may remain therein . As the Writings pretended to come nearest in time to the Scriptures of the Old Testament , carry notwithstanding evident Characters of a quite other time and Parent than these whereto they are falsly ascrib'd ; so also the Pieces that pretend greatest proximity to these of these New Testament , afford no less just ground of suspicion . Of this kind are Barnabas , Hermas and others , all which are generally either shroudly suspected as meer Forgeries , or at least as not being without manifest corruption and interpolation . Yea Clemens Romanus , who , doubtless , is by far the most choice and virgin Monument of Antiquity , has nothwithstanding fall'n into the like adulterous hands as the story of the Daughters of Danaus and Dirce there recounted among the Christian Sufferers , makes manifest . And herein Divine Providence is to be ador'd , and extoll'd . For had such Writings as plead for the first place after these of either Old or New Testament , not under-ly'n such impeachments , the great proximity thereof to the Prophetick and Apostolick Writings , had certainly allur'd many to take these for Canonical ; whereas now they serve , in some measure , for a rampier and hedge about the Holy Scriptures : and by the manifest corruption of the Apocryphal Writings , we are taught to distinguish betwixt divine and humane Letters : wherefore it should be a Paradox and a Wonder , had Ignatius escap'd all such infectious Touches . But there 's no ground for such admiration . For , that Ignatius , whither of the Elder or Later Edition , is not throughly genuine , and so free of Forgery and Interpolation , a few Examples shall make evident . § . 2. For in his Epistle to the Smyrneans , he thus discourseth them . a All of you follow after the Bishop as Jesus Christ follows the Father , and the Presbytry as the Apostles . Reverence the Deacons as the Commandment of God. Let no Man without the Bishop do any of these things that ought to be done in the Church . Let that Worship or Thanks be accounted lawfull , which is either perform'd by the Bishop himself or permitted by him . Wheresoever the Bishop appears , let there also the Multitude be present ; even as where Christ is , there is also the Catholick Church . Without the Bishop it 's neither lawfull to Baptize nor Celebrate the Lord's Supper or Love-feasts : but , whatsoever he approves is acceptable to God. And again in his Epistles to Polycarp . b Attend to the Bishop as God doth to you ; my Soul for such as obey the Bishop , Presbyters and Deacons , and with such let me have my Portion in God. And in his Epistle to the Ephesians . c I write not to you as if I were of any account . For altho' I be bound in the Name of Christ , yet I am not perfect in Christ Jesus . For now I begin to learn and speak to you as my Teachers And again in the same Epistle . d If I in so short a time have had such familiarity with your Bishop , not Humane I say , but Spiritual , how much more do I pronounce you blessed being join'd together as the Church to Jesus Christ , as Christ to the Father ; so that all things are in a harmonis Vnity . Let none be deceiv'd , whosoever is not within the Altar , is deprived of the Bread of God. For if the Prayers of one or two be of much weight , how much more these put up by the Bishop and the whole Church . Whosoever therefore cometh not into the same place , he is proud and hath condemn'd himself ; for it 's written God resisteth the Proud. Let us make hast therefore not to resist the Bishop , to the end , that we may obey God. And the more silent any Man perceive the Bishop , let him fear him the more : for whomsoever the Lord of the House sends to Govern it , we ought to receive him as him that sends him . Let us manifest that we ought to receive the Bishop as the Lord. And again in the same Epistle , thus . e I know who I am . and to whom I write , I 'm condemn'd , ye live in Peace , I 'm in danger , ye sure ; ye are a Passage to these who are slain in the Lord : The Condisciples of Paul , sanctifi'd , and made Martyrs , worthy , blessed , under whose footsteps let me be found when I enjoy God. And to the Magnesians f Because I was found worthy to see you in your Bishop Damas , and your worthy Presbyters Bassus and Apollonius , and my Fellow servant the Deacon Sotion whom let me enjoy , because he 's subject to the Bishop as to the Grace of God , and to the Presbyters as to the Law of Christ. And again , g Study to do all things in the Concord of God , the Bishop presiding in the Place of God , the Presbyters in the Place of the Confession of the Apostles , and my most sweet Deacons having committed to their Charge the Service of Christ. And within a few lines . h Therefore as the Lord did nothing without the Father , being one with him , neither by himself nor by his Apostles ; so do ye nothing without the Bishop and Presbyters . And to the Philadelphians . i So many as belong to God in Christ Jesus , these remain with the Bishop . And in the same Epistle . k I cryed in the midst of the Congregration ; I spoke with a loud voice , take heed to the Bishop , the Presbytry , and the Deacons . Some-body thought that I spoke these things foreseeing a Division : but he in whom I am bound bears me witness that I had this knowledge from no Man , bnt the spirit preached , saying , without the Bishop see ye do nothing . And in his Epistle to the Trallesians . l Whom I Salute in fullness , and an Apostolick Character . And again . m For when ye are subject to the Bishop , ye seem not to Walk according to Men , but according to Jesus Christ. And in an other place of the same Epistle , n And in like manner , let all Men reverence the Deacons as the command of Jesus Christ ; and the Bishop as Jesus Christ , who is the Son of the Father , and the Presbytry as the Council of God and Senat of the Apostles , without which there is not a Church , and thus I counsel you to esteem of them , for I have gotten an Example of your Charity , and retain the same with me , in your Bishop , whose very composition is a great deal of Discipline , and his mansuetude Power , whom I believe the very wicked reverence . And afterward in the same Epistle . o Can I not write unto you Heavenly Things ? But I sear that I should thereby endammage you being but Children , and forgive me , least not being able to comprehend them , you be strangl'd . For I am not bound in every respect , but can be able to know things Heavenly , the Orders of Angels , their Constitutions , Principalities , things visible and things invisible . And again , p Thus shall it be unto you if ye be not Proud , and remain unseparable from God , the Bishop and Apostolick Orders . And again in the same Epistle . q Farewell in Christ Jesus , if ye be subject to the Bishop , as to the command of God , and in like manner to the Presbytry . But I 'm weary , and did never translate more of any Author with less delight , or pleasure ; not because I 'm in the least gravell'd by what is here said concerning Bishops , altho' the whole strength , of what the Episcopals deduce from Ignatius , be wrapt up in these Passages , yea I 'm perswaded , that from these very Places the Hierarchy's wounded under the fifth Rib. But because the most part of what we have quoted , as also no small part of what is behind , is altogether insulfe , putide , and more tasteless than the white of an Egg : and the Reader may easily perceive by these Examples that the Spirit and genius of this Author is quite different from what can be looked for in Ignatius a prime Martyr of the primitive Church . In all these Epistles 't is clear as the Noon-sun , that a head-strong Passion , and a furious Zeal of enslaving all Christians under an illimited and blind Obedience to all Church-men , as so many Romish Holinesses did intirely possess , and reign in the Author of these Epistles . The Apostle indeed sometimes admonishes the Churches of the Duties and Esteem , Christians should pay to Church-Officers ; but withall uses but rarely to handle that Subject , and with the brevity and modesty that became him , ascribing to them only the Titles of Watch-men , and Labourers , Bishops or Pastors and the like , which best became the simplicity of the Gospel ; whereas on the other hand , the pretended Ignatius so far swerves from this humble and Apostolick strain , that none , tho' they search the Writings of the most corrupt Ages , shall be able to find any that in exaltation of the Clergy , and depressing and subjecting of the Laity out did him . How secure should Basilides and Martial , two Spanish laps'd Bishops , have been , had their Flocks believed this Ignatian Doctrine , who having consulted Cyprian r If they might not desert these and chuse new Bishops , were by him resolved in the affirmative , and admonish'd to chuse other Pastors : but had they believ'd this pretended Ignatius , it had been with them the blackest impiety to have separated from their Bishop , or attempted so to do on whatsoever account . The Apostles frequently both to Pastors and Churches inculcat the diligent perusal and understanding of the Holy Scriptures as a special Duty , that by them as a sure Rule all Mens Doctrines and Injunctions ( without any exception ) may be tryed : but in liew hereof , this their Ignatius has only Mens Persons in admiration , perpetually deafening his Hearers , or at least wearying his Readers with Injunctions of absolute and blind Obedience , as if all and every one of his Bishops Dictats were to be receiv'd without the least Examination , a Priviledge that even Christ and his Apostles ( tho' they might have done it ) never assumed to themselues ; but still remitted their Hearers to the Scriptures for the tryal thereof : this cann't but in the estimat of all the judicious , be a Fault altogether unworthy of the True Ignatius . I hope that all honest Men shall give more Charity to this choice Martyr , than to believe that he 's guilty of so gross Idolatry ( for I can call it no better ) and fantastick and impious doting on the person of any Man whatsoever : in which unworthy Work this Author ( I will not say Ignatius ) spends no smal part of these Epistles . Therefore , altho' the asserting of all therein to be genuine , be so far from assisting our Adversaries , that their Cause is , by the very Passages they alledge for its confirmation , mortally wounded ; I can never perswade my self , but they have fall'n into the wicked hands of Forgers who , tainted with the common Vice of the Ages subsequent to that of Ignatius , foisted in a great many Passages wherein nothing but the illimited Power of all Church-men is depredicated , and the blind Obedience of the Laity is enjoin'd and commended . I 'm confirmed in my sentiment by Ignatius his Epistle to the Romans , who certainly had as truly a Bishop as the Smyrneans , Magnesians , or any other saluted by Ignatius ; but of the Roman Bishop or of the Honour and Obedience due to him in all this Epistle we find not a syllable . Certainly had this servile Obedience to the Clergy been such a fundamental Article of the Christian Religion , as all along through these other six Epistles he makes it , he had not failed to have inform'd the Romans thereof , seeing nothing ( I believe ) can be alledg'd to exime the Romans , more than other Churches , from paying such Honour to their Clergy . 'T is vain to repone that he was then on his Journey to Rome , and was shortly to see that Church , and might on this account forbear : seeing they may after this manner of arguing prove the whole Epistle spurious , or at least superfluous ; this Duty of Obedience to Church-men , if we believe these six Epistles being so necessary a part of the Christian Religion , that 't is never to be forgotten , but at all times with the greatest zeal and fervency to be inculcated . § . 3. Yet in defence of all these most dangerous Injunctions of his Ignatius , Dr. Pearson saith s That there could be no fitter remedy against Heresies then that the Churches should adhere to the Pastors whom Ignatius knew to be Orthodox . But such an adherence as these Epistles every where command , is so far from being a Remedy against Heresies and Schisms , that , as the sad instance of the Romanists witness , it has been the greatest Augmentation , and the most deadly humour in all the Disease . But why did he not acquaint the Romans with this Remedy ? Did he suspect their Bishop as unsound ? Or thought he that every Roman Christian was above danger and infallible ? And indeed the scarce paralellable extolling of Church-men through all the former six Epistles , & the perpetual silence thereof in that to the Romans , loudly proclaim , that either they were write by different Authors , or else , that they have undergone no few Additions and Corruptions , which his Epistle to the Romans had escaped , seeing , I think they will scarce adventure to say that the Epistle to the Romans sometime had in it such Injunctions of Obedience to the Roman Clergy , which by some chance or other were afterward obliterate . § . 4. Again , what can we make of that proud boasting in his Epistle to the Trallesians , as if he had been the only Muster-Master to the Angels . But Pearson tells us t That it 's not strange tho' Ignatius a Bishop who had long conversed with the Apostles , could write something concerning Heavenly Things which are so often mention'd by the Apostles : and he stiffly denies , in opposition to Daille , That such knowledge is not giv'n to Mortals ; and perhaps ( saith Pearson ) we know not well what Ignatius mean'd , when he wrote these things concerning Angels , and yet who will say but that he knew them himself ? And then he acknowledges that Ignatius discourses of his Know not giv'n to any Mortal , seeing for the proof hereof it 's enough to repone the words of Elephas , to which of the Saints wilt thou turn thee ? Surely not to Paul , seeing it can never be made evident that he either taught others , or ascribed to himself the knowledge of these Ignatian ( or rather Pseudo-Ignatian ) Mysteries . Altho' therefore we know not the meaning of these his words , we shall ( I believe ) incurr little hazard thereby ; and if he knew them himself I shall not debate . Certainly if we judge of the Author by his Work , we shall have little ground to apprehend that his Judgement was of the greatest reach , for , remove a very few flowers , this so much celebrated Garden shall be nothing but a den of weeds : neither can better be expected , where any intrude into the things they have not seen , as the Author of this Passage appears to have done ; boasting of that wherein neither the Pen-men of the Holy Scriptures , nor the primitive Christians profess'd themselves to be skillfull : for altho ' the Ancients acknowledged that there were , or might be such Dignities & Distinctions among Angels , yet who before the Impostour that borrowed the name of the Areopagite , adventured to profess their acquaintance with the particulars thereof ? But most of all I admire that he for his purpose alledges Irenaeus , as if the Mysteries of God were nothing else but a convertible term with the Politicks or Tacticks of Angels . With how much more reason may we understand the Mysteries mention'd by Irenaeus , to be these magnifi'd by the Apostle 1 Tim. 3. 16. which without Controversie are equaly great and proffitable . Lastly , as to Chrysostome , he cites no where , wherfore I cann't so easily make a judgement concerning him ; otherwise ' tseems he may be understood of a greater measure of knowledge of the Mysteries frequently spoken off by the Apostle . And withall I observe that Dr. Pearson still insinuates and intimates as if Ignatius and other primitive Christians receiv'd from the Apostles other mysterious Doctrines not to be committed to writing , different from what is comprehended in the holy Scriptures ; wherein , notwithstanding the whole Counsel of God is delivered , which Opinion is much fitter for a Jewish Cabalist or Romish Traditionary than a Protestant Doctor . § . 4. M. Du Pin u imbraces and only contracts Pearson's Answer saying that the knowledge of the Orders , Offices and Stations of Angels might be affirmed by an ancient Bishop , all Christians knew Heavenly Things : And Ignatius says nothing of Angels but what had been said by St. Paul. But herein he palpably contradicts himself , and affirms what he had before deni'd ; for x to prove the Forgery of these Books that bear the Areopagites name Du Pin gives us this Argument : He ( viz. the Author of these Books ) distinguishes the several Orders of Angels and observes their difference , things that were unknown to the ancient Writers , and concerning which they were not sollicitous to be informed , as S. Irenaeus assures us , in lib. 2. ch . 55. He opposes also Dr. Pearson , who , as we have heard , deduced from this same Irenaeus a quite contrary Doctrine . § . 5. Thus far I had proceeded secure of any other Controversie concerning this Passage , when I was surpris'd to find Dr. Wake y the Englisher of these Epistles make Ignatius , together with his language , change his Doctrine , and speak quite contrary to what he had delivered either in Greek or Latine : for thus he Englishes the now controverted words of Ignatius . For even I my self , altho' I am in bonds , yet am not therefore able to understand Heavenly Things , as the description of the Places of the Angels , and the several Companies of them , under their respective Princes , the things visible and invisible , but in these things I am yet a Learner . But this Version is by no means to be imbrac'd . For first the old Greek Copy commonly said to be spurious , uses indeed to add to , and dilate what is comprehended in the New Edition , yet not so as to contradict it ; and therefore may serve for an Interpreter , were there any thing dubious herein : but this Old Copy is positive in favours of the received sense , and after an enumeration of the Particulars whereof Ignatius professes the knowledge , concludes all with 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 when , or altho' I know so much ; and thus the Old Copy is understood by all Interpreters , as the Old Latine of Vairlenius which is printed at Antwerp 1566 , and by the Author of another Version , or at least an emendation of the Old , printed amongst the Orthodoxographa Patrum at Basile 1569 , and by Videlius , and for ought I can learn , by whosoever interpreted or revised these Epistles . Secondly , The Cantabrigian or Vsserian Copy , the Authority whereof is little inferiour to the Florentine Original , is no less positive for us against this New Interpreter ; For ( saith he ) I am not bound in every respect , but am able to know Heavenly Things &c. And having enumerated the Particulars , concludes with a praeter hoc beside or notwithstanding of this : importing that some greater measure of that knowledge was , notwithstanding of the vast measure he had receiv'd , yet to be sought for . Thirdly , All Men in their Disputes and other Discourses about Ignatius , have thus understood the Passage now under Debate . If the ascribing of such knowledge to himself could agree to the genuine Ignatius they disputed much ; but that the now disputed Passage really ascribes , and not denies to Ignatius the knowledge of these Heavenly Things , all except this Interpreter unanimously acknowledge . And this certainly was the mind of Isaacus Vossius who , otherways being a zealous Patron of the Florentine Copy , had in his Notes doubtless taken notice of such a common mistake , and observ'd the contrariety between the Cantabrigian and Florentine Editions . And Spanhemius F. z always supposes the sense we plead for of these words of Ignatius , and on this ground , notwithstanding what Dr. Pearson had said , shroudly suspects these Epistles as forg'd . And Daille , yea & even Dr. Pearson , his most learn'd and vigilant Adversary , always supposed as uncontrovertible , the sense we now plead for . Fourthly , And reason they had so to do , seeing otherways both sense and the self consistency of this Passage is lost ; he had but just now arrogat to himself such a knowledge of Heavenly Things , the very declaration whereof should be enough to overwhelm and strangle the Church of the Trallesians , and then as a reason or declaration of his great Knowledge , and to shew how far 't was out of their reach , advances the Passage now in hand , whereas this Clause concerning his Bands is only introduc'd to shew the consistency between outward Troubles and spiritual Furniture . Excellently therefore and most conform to the Greek , is it rendred in the Cantabrigian Copy , non secundum quodcunque ligatus sum , I am not bound in every respect . But were this New Version admitted , Ignatius , while he ascribes so great a knowledge of Heavenly Things to himself , and presently afterward denies that he knew Heavenly Things , should , in esteem of all disinterested , compleat a Contradiction ; whereas , according to the Cantabrigian and our Version of the Passage , the sense runs natively without the least appearance of any roughness . Lastly , I do not remember that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 any where is to be rendred altho ' , ( which is the mind of this Interpreter ) I shall not say that foreseeing this Passage if truly translated would prove the dead Flee and make the rest both ill savoured and justly suspected , he willfully perverted it : I should rather charitably think that out of ignorance , a far more pardonable weakness , he fell into such an Error . § . 6. And now to proceed , I impeach not these Epistles , of their frequent mention of Bishops and their Superiority over Presbyters , as if herein they savoured a Diocesan Prelacy ; nay I 'm so far from this , that I 'm perswaded from the self same places , that according to this Author a Bishop and a parochial Pastor are reciprocated ; and therefore the Doctrine of our Adversaries is overthrown by the very places from which they labour to establish it . The Grounds on which I accuse these Epistles are , the Author ( not to mention self Contradictions ) his affected Humility , hatefull deifing of all Church-men , most unworthy and parasitick flattering of whomsoever he salutes , and , which is the end of all , his endeavouring to perswade Christians , that an Autocratorick Power is to be ascrib'd , and blind Obedience to be pay'd to all Church-men , as to so many absolute and unerring Deities . And lastly his audacious boasting of his Knowledge of these things wherewith , for ought we can learn either from Scripture or any Author of Credit , no meer Man hath been hitherto acquainted . And these Grounds , were there no others , may suffice at least to evince the Interpolation of the Epistles . § . 7. And how this came to pass is not hard to conceive if we reflect upon the genius of subsequent Ages ; the uncontrolled Power and superlative Veneration of Church-men , the special Fore-runner and introductive of Antichrist , together with other parts of Superstition , took special rooting in the third and fourth Centuries . Now , as the Church like a choice Garden nourish'd many prime and usefull Plants ; she had also most pestilentious and noisome Weeds , Monsters which you can scarcely name , and not the transported with indignation . These , the better to promote such Impieties , Father'd the brats of their own Brains on some choice Dr , by whose warmth they might be cherish'd and supported . Such Men not only forg'd or ( at best ) polluted these Epistles , but also attributed more of the like stuff to Ignatius , some whereof are mention'd by Daille and Dr. Pearson , and others omitted by them , are remembred by Socrates , a who tells us that the beginning of the Antiphones was reported to have come from Ignatius , which they said he had revealed to him by Queers of Angels that use to descend and sing the Praises of the holy Trinity . Add to all , which shakes the very foundation of their Plea , the incredibleness of Ignatius his Journey to Rome , whether he is said , after his Condemnation at Antioch , to have been sent by Trajan , that he might be thrown to wild Beasts , on the truth of which these Epistles leaned , still insinuating and presupposing it : But why should Trajan be at pains to have sent him guarded thither ? Certainly not for an intertainment to the People as the pretended Acts of Ignatius affirm . They had store of Christians of all sizes at Rome with the spectacle of whose Sufferings they might dayly be cloy'd , neither , as some answer , because he was a famous Christian and Bishop , at whose death the Roman Christians might be terrifi'd , seeing the Emperour might conclude from Ignatius his great resolution and boldness which himself had perceived that he would much animat them . But the perpetual Practice of these times frees us from further debate herein : I can never find that the Romans brought Christians from Asia or such remote places to be executed at Rome , but still to the nearest seats of Justice , as is clear in Polycarp and other most famous Bishops or Pastors . And truly ( saith Dr. Stillingfleet b the story of Ignatius ( as much as it 's defended with his Epistles ) doth not seem to be any of the most probable . For wherefore should Ignatius of all others be brought to Rome to suffer , when the Proconsuls and the Praesides provinciarum did every where in time of Persecution execute their Power in punishing of Christians at their own Tribunals , without sending them so long a Journey to Rome to be martyr'd there ? And how came Ignatius to make so many and such strange Excursions as he did by the Story , if the Souldiers that were his Guard wers so cruel to him , as he complains they were ? Now all these uncertain and fabulous Narrations as to Persons then arising from want of sufficient Records made at those times , make it more evident , how incompetent a Judge Antiquity is to the certainty of things done in Apostolical times . And now from what is said , jude if D. M. c had any good ground to query , whether there 's any good and solid Argument brought by the Presbyterians against the Authority of St. Ignatius his Epistles , that is not already sufficiently answered . Section III. The second Hypothesis , viz. that the Antiquity of the trne Ignatius could not secure him from all Lapses or Escapes in Doctrine or serve to Prove that there was no Declension in his time . MY second Assertion is , that the Antiquity even of the true Ignatius was not able to secure him from all Lapses and Mistakes , and that in his time some Churches not only might ; but actually were itching after several Novelties . Which Assertion , if once demonstrated , renders Ignatius of little or no use to our Antagonists : their Inference is , that , if Ignatius spoke positively in favours of Episcopacy , and lived in a closs vicinity to the Apostles , then there 's no doubt but the Apostles established such a Government : which consequence , like the Aples of Sodom , resolves anon into smoake , our Assertion being prov'd ; which I now come to demonstrate . The Apostles of our Lord had not chang'd their earthly Tabernacle , for that which is not made with hands ; when , to their inexpressible sorrow , they beheld not only particular Persons , but even the greater part of some Churches , they themselves had either planted or watered , in stead of Grapes , to bring forth will Grapes , and in place of being the Repositories of the precious Truths of the Gospel , become nests and cages of the most abominable Errors . Other Churches there were that holding fast the Foundation of the Apostolick Doctrine , but raising thereupon a structure of the stubble and hay of either Judaism or Paganism ( in one of which all of them had been educated ) had well nigh made up an Edifice of most Hetrogeneous Materials . Hence it is that the Apostle is at such pains to Correct them in their Abuses of the Sacrament , in their Superstition concerning Meat and Drink , and their unwarrantable observation of Times , that wanted all Divine Sanction . § . 2. But these infallible Guides being at length possessed of their Master's Joy , Affairs grew yet worse : for then the grand Enemy of the Church did in greater abundance ; and with more security sow his tares . Hence it was that not only those , who are justly branded for Arch-Hereticks , and Schismaticks ; but even those who persisted Orthodox in the main Principles of Christianity were drawn into , neither few nor inconsiderable Mistakes . § . 3. I 'm sure Papias Bishop of Hierapolis was a Man , both in respect of his Antiquity and Authority , among the primitive Christians , little inferiour to Ignatius : 't was he notwithstanding who either greedily imbrac'd , or first of all hatch'd the gross Fancy of the Saints their corporal Kingdom for a thousand years after the Resurrection . Moreover ( saith Eusebius d speaking of Papias ) the same Writer alledges something as from unwritten Tradition , viz. some strange Parables and Doctrines of our Saviour , and some other fabulous things ; and , amongst the rest , he saith that after the Resurrection , there shall be a thousand years , wherein Christ shall reign on Earth bodily . But to me he seems through misunderstanding of the Apostle's Discourse , to have taken what was spoken mysteriously , in a quite other sense from its true meaning . For he was os a very weak Judgement ; as his Writings sufficiently declare . He was notwithstanding the Author of this Opinion to the most part of the following Ecclesiastical Writers , for they look'd only to his Antiquity as Irenaeus , and whosoever else favoured his Opinion . We see here a Man of no little Antiquity and Repute drawing the greatest Lights of the Church , and consequently the rest of the Christians to a Doctrine destitute of all countenance from the Word of God. § . 4. Another Conceit no less Ancient but more wild , was that of the Angels their carnal Knowledge of Women . This was hugg'd by Justin Martyr e who lived in the same Century with , yea , and not many years after Ignatius . The Angels ( saith he ) transgressing their Order , by carnal Copulation with Women , fell from their primitive State , aud begot Children who are now called Devils . He was follow'd notwithstanding by Irenaeus & Athenagoras , the most famous Writers of their Age ; as also the stream of these that flourished in the succeeding Centuries , Irenaeus also with a great many others held , that the beatifick Vision is not enjoy'd untill the day of Judgement . Now beyond peradventure such Leaders as these , had the most part of the Churches at that time for their Fellows and Followers in these Opinions . § . 5. And seeing both such Pillars , and the rest that lean'd on them were ready to swerve in Matters of Speculation , or Opinion , they were no less capable of straying in things belonging to Practice ; for there 's no more security promised to the Church from the one than the other . Neither did the closs Vicinity to the times of the Apostles , preserve the Churches from evident Lapses of this nature . Was not the mixing of the Sacramental Wine with water , a matter of Practice , and altogether destitute of warrand from Scripture , in which we hear of nothing but the Fruit of the Vine drunken by Communicants . And yet Justin Martyr f informs us that the mixing of the Sacramental Wine with water was the Practice of his time . § . 6. Another Instance of the most early Declension of the primitive Church in Matters of the same kind , viz. the external Rites , and Ecclesiastick Ceremonies , was their observation of Easter ; concerning which the Controversies first arose between Polycarp g , and the Churches of the East on the one hand , and Anicetus and the western Churches on the other . Polycarp alledg'd John the Evangelist , whose Disciple he had been , for the Author of his Opinion : but Anicetus and the Romans pretended the Authority of Peter and Paul for the quite contrary Doctrine . I have oftentimes much admir'd how either of these Parties , if we consider either Sincerity , or Vicinity to the Apostles , were liable to any Mistake of this kind ; I believe scarce any Man now living shall be able to give any rational account of the Cause thereof ; yet that one of them was mistaken , and that the Apostles did not keep up a perpetual observation of contrary Practices one to another , is to me , and to as many as truly acknowledge the Scriptures , among the things of highest certainty ; and if either of them strayed , if sufficiently serves our turn , and is an ocular Demonstration that not only the clearest Lights , and nearest to the Apostles might relinguish some part of the Apostolick Purity , and fall into Rites and Customes never countenanced by the Apostles ; but also be accompanied by no small part of the Church therein . § . 7. Yea I dare avouch and sustain , that both Parties equally swerved from the Truth , seeing both of them had equal Means to have inform'd themselves , and were alike nigh to the Apostles ; so that many were certainly alive of both Parties who had been conversant with them : hence there 's no reason to believe either of the Parties , that ever the Apostle enjoined or allowed the observation of Anniversary , weekly or monthly times either in the same time with , or so near to the Judaical , ( and then buried ) Ceremonies ; excepting the Sabbath only , the observation whereof had been expresly enjoin'd in a clear and Moral Precept . Neither , in this Assertion , shall we remain alone , but be supported by the suffrages , of the choicest of the Ancients . No less Irenaeus in Eusebius intimats , while he tells us , h that this Difference did not arise first in his Age but long before in the time of their Fore-fathers , who ( as is probable ) being negligent in their Government , delivered to their Posterity a Custome , which had only crept in thro' Simplicity and ●gnorance . And Socrates , a grave and solid Author , averrs i that , neither more Ancient nor Later who inclined to follow these Jewish Rites , had any cause to raise so great Contention . And that the keeping of Easter and such Holy Days were altogether Legal , the observation whereof is not at all injoin'd in the Gospel : for ( continues Socrates ) they did not consider that , after the Jewish Religion was changed into that of the Chrstians , the strick observation of Moses Law , and the shaddows of future things were wholly abolished , which by a most sure proof may be thus evinced . For by no Law of Christ is it granted to Christians to observe Jewish Customes ; yea the Apostle did expresly forbid it , not only rejecting Circumcision ; but admonishing moreover that about Feast Days there should be no Contention , wherefore in writing to the Galatians he thus speaks , tell me ye who desire to be under the Law , do ye not hear the Law ? And after he had discoursed a little concerning these Matters , he shews the Jews to be under Bondage , but that those who had followed Christ Jesus were called unto Liberty : he Exhorts furthermore that Days , Months or Years , in no ways be observed . Moreover , writing to the Collossians , he clearly asserts that such observations are but a meer Shaddow . Wherefore , saith the Apostle , let no Man judge you in Meat or Drink , or in respect of an Holy Day , of the New Moon , or of the Sabbath days , which are a shaddow of things to come . But in the Epistle to the Hebrews , confirming the same matter he thus speaks . For the Priesthood being changed , there is also a necessity of the change of the Law : surely the Apostles and the Evangelists did never impose a Yoak upon these that became obedient to the Doctrine of Faith , but Easter and other days were left to the choise and equity of those who in such days had received the Benefits : wherefore , seeing Men love Holy Days , because they bring them some respite of their Labours , divers Men in divers places following their particular Inclinations , did , according to certain Custome , celebrate the memory of our Saviour's Passions : for neither our Saviour , nor his Apostles did by any Law ordain that it should be observed ; neither did the Gospels nor the Apostles threaten us with a Mulct , Punishment , or Curse , as the Law of Moses was wont to do to the Jews . This and much more are we taught by Socrates ; from all which it's most clear that in this Dispute concerning the Celebration of Easter , both Parties were equally culpable , as building upon a false Supposition , viz. that Christ and his Apostles had appointed some of these Days anniversarily to be kept , which yet never came into their mind And here 't is most observable how , even in these ost early times they heap'd Falshood upon Falshood and supported one Forgery with another : the Fable of Peter's being at Rome and conjuring of Simon Magus there , was even then beginning to obtain ; whereof the Romans made their Advantage , and began to ascribe to him some Head-ship over the rest ; and then averred that he had appointed them , not only to celebrate Easter , but also had determin'd the particular day of its Celebration , and injoin'd them to keep it on the fifteenth and not on the fourteenth day of the Moneth as did the Eastern Churches : Now that they might be even with the Romans , and meet with them after their own Fashion and arts , the Asians invented the like Legends of the Apostle John , who , as they alledged , died at Ephesus and enjoyn'd them to keep Easter , but by no means on the fifteenth but on the fourteenth day of the Moneth , and the better to set off the Fable , Polycrates of Ephesus , in his Letter to Victor , harangues in the Praises of John , that thereby he might prefer him to Peter , and sticks not to assert that John was a Priest , and wore a High-Priests Golden Crown or Breast-plate k And yet , as is acknowledged , John was not at all of the Priestly Race , far less was he the High-priest , to whom only of all the Priests , such a Crown was peculiar . Therefore Valesius * imagines that the first Christian Priests , as he speaks , wore such a Crown for a Sign of Honour in imitation of the Jews . As if the Christians of these times had ever dream'd of retaining the very marrow of Judaisme which was then abolished by the coming of Christ the substance . But this Antichristian dottage being so gross to be dejested by any real Protestant , the learned Le Moyn l says that Polycrates spoke metaphorically of John ' s supereminent Knowledge and Gifts . But if this be true , with how great caution are these Ancients to be read , without which we shall be led into the belief of the greatest falshhoods . In the mean while I see no ground for this gloss in Polycrates his words , either as they are related by Eusebius or by Hierome and Rufine . And Epiphanius m gives another such golden Crown to James , which is no less true than that he was Diocesan Bishop of Jerusalem . The same saith a Ms. Author , cited by Valesius n of Mark the Evangelist , viz. that Mark was of the Priestly Race , and according to the Custome of the carnal Sacrifice , carried publickly a Golden Crown as the Badge of his Priestly Dignity . There is indeed nothing more certian than that the primitive Doctors who are ordinarly known by the name of Orthodox Fathers , stuck with a due preciseness to the great and capital Doctrines of the Christian Religion , without any swerving therefrom : but it 's no less demonstrable , as we have now made evident , that the same Leaders , and these next the Apostles of greatest Antiquity , in many other things strayed exceedingly from the true Apostolick Simplicity . § . 8. Nothing was more frequent to them than , relying upon their Vicinity to the Apostles , to neglect a more accurate search of the Scriptures , relate things otherways than they were transacted , alledge the Apostles for Practices to which they never gave Patrociny , which , beside what we have said already , may be sufficiently vouch'd from the Relation of Hegesippus in Eusebius o The Administration ( saith he ) was undertaken by James the Lord's Brother ( together with the rest of the Apostles ) who from the time of Christ even unto our Age is sirnamed Just , for there were many others of that Name beside , but as for him he was sanctifi'd from the Womb , neither did he ever drink Wine or strong Drink , and did altogether abstain from the Flesh of any living Creature , neither ever came there a Razour on his Head , nor did he ever use to anoint or wash , and he only of all Men had free liberty to enter into the innermost Sanctuary of the Temple ; for he was not wont to wear a woollen but a linnen Garment : he used to enter alone into the Temple , and with bended knees to pray for the People . And in the sequel of this discourse he tells us , that in the Martyrdome of this James , he was both thrown from the pinacle of the Temple , and also beaten to Death with a Fuller's Club : a certain Priest one of the Sons of Rechab mention'd in Jeremiah , exhorting the People to milder Counsels , and that all this was done in a tumultuous way , without the least appearance of any judicial Process against this Martyr . But this Relation of Hegesippus is not only contrare the Holy Scripture , where we are assured that the High-Priest ( alone ) entred into the Holy of Holies , and that the Rechabites were not of the Priestly Race , and to Josephus who informs us p that James being sisted before the High-Priest's Council , and by a kind of judicial Process condemn'd , was stoned to Death : but also a most insulfe Rapsody , savouring more of a Legendary than a primitive Doctor . Yet the Author thereof lived contemporary with Justin Martyr , a few years only below the Apostles . § . 9. But of this enough , and indeed with me it had been highly Sacrilegious to have said so much , but buried in a perpetual silence the Escapes of these whose memory is otherways to me more precious than the ashes of Mausolus to his Artemisia ; and in fragrancy far surpassing the choicest of Oriental Spices ; did not the injustice and importunity of these who prefer the Escapes , yea and Extravagancies of Men , and the blemishes of these great Lights , yet but terrene Lights , to the unspotted Beams of the Father of all Lights , compell me hereto . And herein I 'm a true Son of the primitive Church , whose Doctors have taught me , that when the Dictats of God and these of Men , whosoever they be , interfer , and thro' humane Corruption are set in Competition , I ought to hold to the first ; and in comparison herewith , despise the latter . § . 10. Add hereto , that seeing Antichristianism the Mystery of Iniquity was working even in the Apostles days , seeing this Defection was mysteriously promoted , and seeing , as experience hath proved , it arrived at its hight , and Antichrist was brought to his Throne by the exorbitant elevation of Clergy-men , it 's much less to be wondred at , if the most frequent Escapes and Lapses of the Primitive , and otherways Orthodox , Fathers chanced to be of this nature , and tend to the establishing an unwarrantable Supremacy and Dignity , which only these , who were of such Repute in the Church were capable to effect . And in all this I have said nothing but what has been asserted by the most approved Divines especially in their Writings against the Romanists . Yea the most judicious & learned Bishop Vsher q is of the same mind : Altho' ( saith he ) it be undeniable that the first Successors of the Apostles excell'd in Piety and Holiness , it 's certain notwithstanding that they neither attained to the Vertue nor simplicity of Doctrine that wee in their Ancestors and Teachers as is well observed by Nicephorus . And now judge if D. M's . Romish Querie , whether the Ecclesiastical Government could be changed from Parity to Prelacy ( as is pretended ) in those early Ages of the Church , especially since some Apostles and several Apostolical Men surviv'd the Period , sixt by some Presbyterians , ( but no Presbyterian did ever yeeld that this Change was made during the Life of any of the Apostles ) for the beginning of this ( pretended ) Change ; and if the Change was in it self impossible , then Prelacy must needs be acknowledged Apostolical . I therefore turn my Assertion into a Conclusion , and from what is said with confidence Inferr , that the Antiquity even of the true Ignatius was not able to secure him from all Lapses and Mistakes , and that in his time some Churches , not only might , but actually were itching after several Novelties . Section IV. The third Hypothesis ; that there is no real Disagreement , but a true Concord betwixt the Doctrine of Ignatius and that of the present Presbyterians . I Now come to the third Hypothesis , and assert that Ignatius is not so clear and positive in the Matter of Episcopacy , as to denude Presbyterians of all rational Defence , should they acquiesce in his Judgement , and therein join with their Antagonists who still appeal to his Determination . For all he speaks of Presbyters as distinguished from Bishops may well be mean'd of these who are call'd Ruling Elders , and that there was such an Office in the primitive Church is made evident by what is commonly brought from Origen , Tertullian , Optatus , the African Code , and Augustine , frequently distinguishing them from preaching Presbyters . And Purpurius expresly terms them Ecclesiasticos Viros , Ecclesiastick Men : In vain therefore object Petavius and others that these were only Church-Wardens not properly Ecclesiasticks . And indeed the Ancients not only tell us there was such an Office , but also plainly assert that , through pride and haughtiness of the Church Doctors , this Custom was abolished , as Ambrose , or rather Hilary sufficiently witnesses . The Synagogue ( saith he a ) and afterward the Church , had Elders , without whose Counsel nothing was to be done in the Church ; which , by what negligence was abolished , I know not , except perchance it were through the sloth , or rather the pride of the Church-Doctors , while they desired to carry all the esteem their alone . § . 2. Doctor Field tells us b That these were not Lay-Elders . Neither , as they themselves well know , do we so term them : but did as the Ancients reckon them among the Ecclesiasticks . And we assert , that these very Lay-Elders ( as he calls them ) are understood by Hilary . For first , this Practice of the Christian Church is by Hilary deduced from the Synagogue , wherein there were Elders distinct from the Doctors or Pastors . Secondly , He attributes to the Elders , as their Office , only the Power of Consulting and Deciding , as being Assessors to the Doctors in the management of Church-Affairs , without intimating ought of their Power to dispense the Word and Sacraments . Thirdly , He expresly distinguishes them from all Doctors or Teachers of the Church , and therefore excludes them from all Power of Preaching , or Administration of the Sacraments . But Doctor Field saith that , Ambrose by the name of Teachers , whose sloth and pride he condemneth in this place , might fitly understand the Bishop , seeing none but Bishops have Power to preach in their own Right , and others but only by Permission from them . But this Answer supposes that the time was when Bishop , Teacher and Doctor , were reciprocal Terms , and that whoever had the Charge of never so small a Flock was the Bishop thereof : for who can believe , that ever any receiv'd the Charge of a Flock , to whom he was only to preach , and dispense the Sacraments as a Journey-man to another ? Lastly , When Hilary speaks in the preterit Tense that the Church had such , tells that their Office consisted in being Assessors to the Teachers , and says that the use of these was laid aside , he clearly intimats that the Elders he speaks of , were well nigh abolished , and then scarce in Being Which by no means can be said of the preaching Presbyters . For let Bishops be not only as proud as Dr. Field would have them , but even as Lucifer himself , yet most certain it is that long after Hilarie's time , the Bishops in all weighty Affairs used , at least , to consult the Presbyters , and that both then and still afterward , preaching Presbyters were existent . But herein I will not inlarge . See their Glosses of both Scriptures & Fathers , whereby we vouch this Matter removed , to name no others , by Didoclavius c , to which I find nothing replyed . This clear Proof that there were in the primitive Church other Elders , distinct from those preaching Presbyters , who in the time of the Apostles , not much distant from that of Ignatius , were dignifi'd with the name of Bishop , furnisheth us with an Answer sufficient alone to solve whatsoever they can deduce from these Epistles . Their only Argument is that Ignatius distinguishes between Bishop and Presbyter , why then by Bishop may we not understand a Pastor of one Congregation , and under the name of Presbyter a Ruling Elder ? They can only repone that Ignatius mentions but one Bishop of any City he wrote to , which yet required more than one Pastor . But one Man may be called the Bishop or Pastor of such a place , altho' he be placed in a Colledge ; where a Plurality equally participats of the pastoral Charge and Honour : and that this Answer may please them the better , I shall give them Ignatius for my Patron herein ; who , writing to the Romans , expresly termeth himself d Bishop of Syria , to whose Charge , even our Adversaries being Judges , Antioch ( only ) one City thereof , was committed . 'T is moreover certain and granted by our Adversaries , that there was even in one City frequently a Plurality of Bishops . But tho' 't were yeelded that neither Scripture nor Antiquity favour these Ruling Elders , and therefore that these Ignatian Presbyters must be something else , we are yet where we were . § . 3. Our inquiry is after a Diocesan Bishop , we 're sent to Ignatius to find him , but all , after the strickest search , we meet with , is only a Bishop or Pastor of one single Congregation as these ensuing Places proclaim . Let none ( saith he e do any of these things that ought to be practised in the Church without the Bishop , let that Worship be counted Lawfull that is performed by him ; or which he ( at least ) has permitted , wheresoever the Bishop is , there let also the Multitude be present , even as where Christ is , there is also the Church : it is not lawfull either to Baptize or Celebrate the Lord's Supper without the Bishop , but whatsoever he alloweth , that is acceptahle to God , that whatsoever is done may be established . From which Passage it 's evident that Ignatius supposes and allowes one of these Bishops to each particular Flock or Congregation ; without whose Presence the Word and Sacraments were not to be dispensed : and altho' he adds that in some Case his Allowance or Approbation did warrant the practising thereof ; yet I 'm sure none can Infer any thing therefrom except that at some rare times , when the Bishop happen'd to be absent from his particular Flock ( which uses to fall out to every particular Pastor ) another approved by him might , untill his return to his Congregation , discharge his Office. And again f Let there be ( saith he ) frequent Gatherings of your selves together or Congregations . Inquire thou ( speaking to Polycarp Bishop of Smyrna ) or seek after every Man by his Name , neglect neither servants nor hand-maids . From whence it 's clear , that this Ignatian B●shop was particularly to be acquainted with , and have particular Inspection of every one who was under his Charge ; which I'm sure cannot be easily performed by a Diocesan Bishop ; but is proper only to a Pastor of a particular Congregation : or who can forbear to conclude as much from another Passage of the same Author , where he saith g Whosoever is not within the Altar is deprived of the Bread of God , for if the Prayers of one or two have so much efficacy , of how much weight must these be that are put up by the Bishop and the whole Church . Sure I am , the genius and ayr of this Passage , proclaims Ignatius speaking of such a Bishop or Pastor , as is under a Tye reciprocal between him and one particular Flock or Congregation . And again h In obedience to the Bishop , break-Bread , which is the Medicine of Immortality . Neither is he a greater Friend to Diocesan Prelacy , while he admonisheth the Church of Philadelphia in these words i Children of the Light and of the Truth , fly Divisions and Corrupt Doctrines , and wherever the Pastor ( viz. the Bishop ) is , thither you as Sheep follow him . And again k One Flesh of our Lord Iesus Christ , and one Cup in the Vnion of his Blood , one Altar and one Bishop . Add to all this , that Ignatius every where in these Epistles , speaks to , and of the Bishop ; as a correlative of , and with respect unto the People or Flock , and not Presbyters or inferiour Pastors , as the proper Object of his Episcopal Office. Seeing then all the Pastors of any Church he writes to , might equally be term'd Bishop or Pastor of such a place ; seeing whatsoever he saith to or of Bishops , hath a particular reference to the Flock or People ; and seeing , finally , so many things spoken by Ignatius of these Bishops , can agree only to Congregational Pastors ; I conclude , that by these Ignatian Bishops , not Diocesan Prelats , but Pastors of particular Flocks , not only may but of necessity must be understood . And it 's further observable that Preaching , Visiting of particular Persons and the rest of the Pastoral Work is either injoin'd unto , or clearly intimated to belong to the Bishop only , but nothing to the Presbyters , save sitting in Council with him . Now if our Opposites insist on their contrary Argument from the largeness of the Cities , and from this that Ignatius still speaks but of one Bishop therein , and hence conclude that he must be Diocesan ; the result of all must be a sharper Conflict between Ignatius and himself , and so a fuller proof of the spuriousness of these Epistles , it being evident from what is adduc'd that this Bishop was only a Pastor of a single Congregation , yea so evident that it hath puzl'd the learn'dest of our Opposites . § . 4. Of this mind is Joseph Mede . l For speaking of these Ignatian Epistles , It should seem ( saith he ) that in these first times before Dioceses were divided into those lesser and subordinate Churches , we now call Parishes , and Presbyters assigned to them ) they had not only one Altar in one Church , or Dominicum , but one Altar to a Church , taking Church for the Company or Corporation of the Faithfull , united under one Bishop or Pastor ; and that was in the City and Place where the Bishop had his See and Residence : like as the Jews had but one Altar and one Temple for the whole Nation united under one High-Priest . And yet , as the Jews had their Synagogues , so perhaps might they have more Oratories than one , tho' their Altar were but one ; there namely where the Bishop was . On Sunday ( saith Justin Martyr ) all that live in Towns or in the Country meet together in one Place ; namely , as he there tells us , to celebrate and participate the Holy Eucharist . Why was this , but because they had not many places to celebrate in ? And unless this were so , whence came it else that a schismatical Bishop was said to set up another Altar ; and that a Bishop and an Altar are made Correlatives ? See St. Cyprian Ep. 40. 72. 73. Et de unitate Ecclesiae . And thus perhaps is Ignatius also to be understood in that forequoted Passage of his , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. Where 't is clear that Mr. Mede well perceived the thing we now plead for in Ignatius , viz. that this Bishop was only the Pastor of a single Flock . Indeed fear to offend his Friends , or something else , made him say so little as he could , and something that he ought not to have said while he would parallel this Altar with that of the Jews : yet he 's express enough that all subject to the Bishop met in one place for Participation of the Sacraments , and consequently for hearing of the Word ; and moreover really acknowledgeth that Dioceses then were only what Parishes are now , and if so , tho' they had other Oratories 't is nothing to the purpose of our Opposits , which yet his ( perhaps ) proves him afraid to assert . For he knew well enough , that , seeing , as he grants , all under his Charge took their Communion with the Bishop at his Church , which , as every one knows , was then Celebrated ( at least ) every Lord's day , any other Oratories for publick Worship had been altogether unnecessary ; with which superfluities the Church in these early and tempestuous days was not at all acquainted . In vain therefore Dr. Maurice , m that he may at once abuse both Mede and Ignatius , tells us that Altar in the primitive sense signified not only the Communion Table but the whole Place where the Chair of the Bishop and the Seats of the Presbyters were placed : and in this sense there was but one Altar in one Diocess , as there is now but one Consistory , as is clear from Ignatius and Usher . And to be in one Altar , which is Ignatius his Phrase is only to be in Communion with the Bishop . And this Dr. Maurice would have to be Mede's meaning thereof . But the falshood of this is not only evident from Ignatius , who all along ( as we have seen ) reciprocats his Bishop with the Pastor of a particular Flock , but also from Mede's express words , as we have already observed from them . I pass as scarce good sense Dr. Maurice his saying that Altar not only signified the Communion Table , but the whole place of the Bishop's Chair &c. The Dispute not being what place or thing in a Church , Altar signifi'd , but if thereby in Ignatius one or more places for publick Worship be meaned : yea this my sense of Ignatius , Doctor Wake n seems to grant , while he says , speaking of these Ignatian times , that none officiated but either the Bishop himself or he who was appointed or allow'd by him , and that they had in every such Place of their Assembling , one Table , or Altar at which they performed this Service . We have heard already Mede rightly observing out of Ignatius , that the Altar or Communion Table was ( only ) at the Bishop's Residence , and where he officiated . And we see from Dr. Wake that in every place of solemn Worship they had an Altar or Communion Table . The Conclusion then is , which we also already heard Mede acknowledging , that there were then no fewer Bishops than Places of publick Worship , which is the Truth , and what we conclude from Ignatius . And to these add the words of one who is neither unskillfull in these Matters , nor yet Partial in favours of Presbytry . In the beginning ( saith he o ) the Bishops whole Charge was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and by the strain of Ignatius his Epistles , especially that to Smyrna , it would appear , that there was but one Church , at least but one Place , where there was one Altar and Communion in each of these Parishes , for he saith , there was one Bishop , one Church and one Altar . And now judge of the symphony of this Assertion , with the Principles of the Author , or how he could averr p that if these Epistles be Genuine the Cause of Presbytry will be undone . But of all things most strange and unaccountable is Dr. Pearson's Conduct in the Dispute , who with indefatigable pains and vast learning wrote his Defence of Ignatius to the end ( as he pretends ) he might well nigh infallibly establish a Diocesan Bishop ; and yet has proved so far from hitting the white at which he ultimately levell'd , that on supposition of the sufficiency of his Vindiciae , he most sufficiently demonstrats the Identity of Bishop and parochial Pastor during the time of Ignatius , and thus inavoidably ruines what he most earnestly intended to repair . And now behold the vast Fabrick and Engine wherewith they threaten the utter Ruine of Presbytry turning upon and shattering to pieces their Dio cesan Hierarchy . — Nec enim Lex justior ulla , Quam necis Artifices arte perire sua . Section V. The Objections they pretend to bring from Scripture against the Doctrine now deduc'd from Ignatius , removed . ANd indeed Ignatius is encompast with so thick a Cloud of Witnesses , who , not only deny all support to , but give most evident Depositions against the Diocesan Prelat , that his Testimony in favours thereof should be a firm demonstration of the Bastardy of these Epistles . The time of the Apostles was not far above that of Ignatius . Now , if we consult these , we shall not only find our Adversaries destitute of their Suffrages , but also overwhelm'd with their plain Testimonies against the Hierarchy . 'T is true they alledge several things out of the Apostolick Writings , for establishing their Cause ; as that Timothy and Titus , as also the Angels of the Asiatick Caeurches were Diocesan Bishops . The grounds wherein t●ey establish the Episcopacy of Timothy and Titus , are , that they are enjoined to Ordain Elders which in after Ages was the peculiar Province of Diocesan Bishops ; and that in the Postscr●pts of these Epistles they are both called Bishops But their later Topick is by the profound silence of the ancient Commentaries and many other tokens of Forgery and Novelty so baffl'd that Prelacy's present Agents , and amongst others D. M , are so wise as to suppress it . And yet D. M. a adventures to conclude Timothy his being made Bishop of Ephesus from Acts 20. 3 , 4 , 5. ( which Inference few , I think , beside the Author can gather ) compared with 1 Tim. 1. 3. I besought thee to abide still at Ephesus — that thou mightest charge some that they teach no other Doctrine . From which even tho' it be compared with the other Scripture , any Man in his Wit would much rather , with Chrysostome , inferr the very contrary , and conclude that Timothy's stay at Ephesus was only temporary , to expede the Business there mention'd but not to fix therein . But , saith he b 1 Tim. 3. 14. 15. These things I write unto thee &c. plainly insinuat his particular Relation to the Church of Ephesus . But the many Scriptures informing us of Timothy's almost perpetual absence from Ephesus ; perswade that there was no such Relation , neither does this place in the least insinuat it , but only that Timothy if not sent for was to stay till Paul's return , wherefore he begs the Question while c he tells us that after he was in a particular manner established Bishop of the Church of Ephesus he might wait upon Paul. Moreover this was an odd Attendance that scarce ever suffer'd Timothy to stay with his Flock , and this shift , too like that of the Romanists , who , in Answer to the Argument from Scripture-silence against Peter's being Bishop of Rome , tell us that he was frequently abroad . But here we have not only Scripture-silence but Scripture Testimony , shewing Timothy's almost perpetual absence from Ephesus . He essays also d to bring Timothy's Episcopal Power and particular Relation to Ephesus from 1 Tim. 5. 9. 1 Tim. 2. 1. and 1 Tim. 5. 21. And that this was not temporary or transient , but successive and perpetual , he would prove e from 1 Tim. 6. 13. 20. and 2 Tim. 2. 2. and adds that his Adversaries grant that the Power he pleads for to Bishops was exercised by Timothy . But as for the particular Relation he speaks of , he should have proved it , seeing he knows it will not be granted , except he bring more than the bare recitall of the places from which his fancy collects it , and without such a particular Relation the Power Timothy exercised , be what it will , makes nothing for his purpose : seeing it might be lodged in him alone as an Evangelist , and thus most of his postulata f prove useless . Yet I will handle them particularly , of which the first two are , that the Power which Timothy exercised was in it self lawfull , and that he practised it in Ephesus . And 't is true none denies it , but what then , untill he first prove Timothy's particular Relation to the Church of Ephesus . The third and fourth are , that it was committed to him alone , and not to a Colledge of Presbyters acting among themselves in Parity . And that there 's no mention of any spiritual Power lodged in a Colledge of Presbyters to which Timothy was accountable . But Willet , an approved Divine of the Church of England , shall answer for us ; Neither ( saith he g ) can it be gathered by these words of the Apostle , lay Hands suddenly upon no Man &c. That Timothy had this sole Power in himself , for the Apostle would not give that to him which he did not take to himself , who associated unto him the rest of the Presbytry in Ordaining of Timothy . I add that there 's no less mention of a spiritual Power in a Colledge of Presbyters &c. than of Timothy's being fixed Bishop of Ephesus . Hence his 5. postulatum ( viz. That the great and most eminent Branches of the Episcopal Power were lodged in Timothy ' s Person , the ordination of such as were admitted unto the sacred Function , the care of Widows , the Censuring of Elders , and his autoritative preventing of Heresies ) becomes unserviceable . His VI is , that this Authority was not in it self of temporary duration , transient , or extraordinary , but such as the constant Necessities of the Church do make necessary in all Ages ; for he was commanded to commit it unto faithfull Men , such as should be able to teach others , and if there be nothing in it extraordinary , why do they say that in the discharging of an ordinary trust , there was need of an extraordinary Officer . But First he corrupts the Apostles words 2 Tim. 2. 2. substituting ( it ) in stead of ( them ) that thereby he may force the Text to speak of a Power equal to that of Timothy , which was to be derived unto succeeding Teachers , when yet it plainly speaks of the Transmission of the Doctrine or things Timothy had heard , and others were to teach ; but nothing of an equality of Timothy's Power to be derived in solidum to every subsequent Bishop or Teacher . Now except this be proved , D. M. saith nothing . Yea Hammond h expresly contradicts him , Appoint them ( saith he ) as Bishops under thee . Moreover , Christ committed the things Paul here speaks of to his Apostles ; yet will D. M. say their Power was equall to Christ's ? Secondly , In this his last postulatum there appears a strange kind of reasoning viz. the Things or Actions wherein Timothy and Titus were employed , are perpetual and ordinary ; therefore they were not extraordinary Officers : just as if one would Reason : It 's ordinary for a skillfull Physitian to relieve a Febricitant ; therefore our Saviour relieving Peter's Wife's Mother , was no extraordinary Physitian . For their Method and Way of performing these Actions was extraordinary and temporary , they having no special Power over , or Relation to , any one particular Congregation ; but such a Power and Relation as equally were extended over all the places whither they were sent . Moreover others of their Actions , and these which were properly Evangelistick , were extraordinary : such as that of Planting the first Christian Churches . Lastly , I appeal to all Protestants , if his ascribing to every Bishop a Power of authorative preventing of Heresies ( i. e. a Power of making Canons that lean only on the Bishop's own Will , and which he 's not oblig'd to prove from Scripture , otherwise every Minister of Christ hath a Power and Authority , by publick preaching and reasoning from the Word of God , to prevent and overthrow Heresies : and so D. M. speaks not to the purpose ) hath not a rank savour of what is no better than the grossest of Popery . The Romanists give such an authoritative Power to one Pope , but from a perswasion of his Infallibility : this Author will have it unto every single Bishop , tho' , as yet , he has not adventured to ascribe to each of 'em such a Priviledge , and to explain , if need were , what he means by this authoritative preventing of Heresies . § . 2. Look but on page 95 et seq . and you shall see him make every Bishop an Apostle in the strickest sense , and priviledg'd with no less Power over the Church-Officers and People in his Diocess than an Apostle ever had or could exercise : viz. a Power to Govern the Churches , to give Rules and Directions , to inflict Censures , to communicat his Authority to others , to hear Complaints , to decide Controversies — to Confer the Holy Ghost — viz. the Gifts of the Holy Ghost , that must needs attend the authoritative Ministry of holy Things ; and therefore that the Office of an Apostle is altogether ordinary and permanent . The Apostolical Office ( saith he ) being essentially no other than this , the ordinary Necessities of the Church require that it should continue till the second coming of our Saviour . But the extraordinary Gifts of the Holy Ghost , the Power of Miracles , of Languages — were only extriasick Advantages , — and not peculiar to the Apostles . And to affirm otherwayes ; and say that the proper Apostolick Office is now ceased , he makes proper to Presbyterians and Socinians . But so far is he from speaking Truth here , that the ceasing of the proper Apostolick Office and Power is asserted by the Body of Protestants , even Episcopal no less than Presbyterian , in opposition to the Jesuites his Masters , who , as he doth to his Diocesan Bishop , arrogate an Apostolick Office and Power to their Pope . Spanhem F. i a fervent Apologist of the Hierarchicks , assigns many Characters of the Apostolate as an extraordinary Calling either immediat or equivalent thereto , Infallibility of Doctrine , transcendent Efficacy and energy in Preaching , admirable success therein , the Gift of Tongues , and of working Miracles : all which things , altho' some of 'em might have been in some measure in others , were ( saith he ) in a more Divine and Eminent manner in the Apostles . And he affirms that every one who was endued with a true and proper Apostolick Power , had , and could give such visible Proofs and ocular Demonstrations thereof : and then concludes against the Pope ; thus , k let the Pope now descend from the Capitol , let him , as did the Apostles , declare that he has the Gift of Tongues Divinely infused , let him bring visibly the Gifts of the Holy Ghost from Heav'n , let him work like the Apostles such illustrious Miracles , and then we shall yeeld that he has Apostolick Authority : and so shall we to the Diocesans when they adduce these Proofs of their Apostleship . He asserts l that they 're much deceiv'd who would bring the Apostles down to the Order of particular Bishops ; and demonstrats against Hammond , that they were not at all call'd Apostles on the account that they were Bishops , & consequently that Apostle and Bishop are quite different things . m In short the very Sum and Substance of Spanhemius his Disputation is nothing save an Approbation and Confirmation of that common Sentiment of Protestants express'd by Beza n The Churches ( saith he ) being once constitute , this Office of the Apostle-ship was of necessity taken away : he is a Tyranne therefore who does now profess himself an Apostle in the Church by Succession . And by this one Observation , viz. that whereever the proper Apostolick Power was , they could give ocular and undeniable Proofs and Demonstrations thereof , the Protestants for ever silence and baffle the Jesuites and their Progeny D. M. and such Companions ascribing a Power properly Apostolick to their Roman Antichrist and their Diocesan Prelats , and fully remove all thier Quibbles on this Theme , as Dr. Scot's Quirk , the Substance whereof is , there 's no mention in Scripture of the taking away of this Apostolick Office ; and therefore it yet remains . But I forgot that for the permanency of a Power properly Apostolick D. M. cites Mat. 28. 20. And lo I am with you alway , even unto the end of the World. As if , not to mention Protestants , o even the more ingenuous Romanists , as Lyra , did not understand this place , of Christ's assistance given to all Doctors of the Church without any Discrimination . Moreover all his Exceptions and pretended Instances to the contrary are impertinent , and severals of 'em false in matter of Fact , as for Example , nor is it necessary ( saith D. M. ) to make up an Apostle that he be immediatly call'd to the Apostolate by our Saviour ; for Matthias — was not immediatly ordain'd by our Saviour , but by the Apostles . But Spanhemius p tells these Jesuites that the Lot that fell upon Matthias was really the voice of God , no less than was that of the Division of Canaan , of the Scape-goat &c. And indeed , as I said , that the Office and Power properly Apostolick is long since ceas'd , is the common Doctine of Protestants ; as Calvine q . None ( saith Sadeel r against Turrian the Jesuite ) but he who is an Ignoramus in Divinity will confound an Apostle with a Bishop — I assert therefore that God's immediat calling and choosing to preach the Gospel is essential to the Office of an Apostle . But these , say you , were Presbyterians . I deny 't not ; however , they were then pleading the common Cause of Protestants , and were never opposed herein by any save down-fight Papists only , till that now we have to do with real Jesuites , who yet mask themselves , and will not acknowledge the name . In the mean while I do not think they 'll say Spanhemius Fil. is a Presbyterian , nor yet Nilus ' Bishop of Thessalonica who saith s the Pope is not an Apostle , the Apostles did not ordain other Apostles , but only Doctors and Teachers . Of this mind is also Willet t . Bellarmine [ saith Whitaker u ) seems to say the Pope succeeds Peter in his Apostle-ship — but none can have Apostolick Power but he who is properly and truly an Apostle ; for the Power and Office of an Apostle constitute an Apostle . But that the Pope is neither truly nor properly an Apostle is prov'd by these Arguments whereby Paul proves his Apostle-ship , as , that he was not call'd by Men &c. Gal. 1. 1 , and 12. and Ephes. 3. 3. and 5. 1 Cor. 9. 1. Altho' ( saith Sutlivius x ) the ancient Bishop of Rome succeeded Peter in Doctrine and the Chair , yet they succeeded him not in his Apostle-ship , but the latter Bishops in neither &c. And Lightfoot y a renown'd Divine of the Church of England , proves that the Apostle-ship was an Order for ever unimitable in the Church . The Apostles ( saith the same Author z ) could not ordain as Apostle by Imposition of Hands , as they could ordain Elders ; but they are forced to use a Divine Lot , which was as the immediate Hand of Christ imposed on him that was to be ordained : that Opinion took little notice of this circumstance , that hath placed Bishops in the Place of the Apostles , by a common and successive Ordination . Dr. Barrow , whose Works are publish'd by Bishop Tillotson , and therefore are to be lookt on as his , is copious on this Subject . Apostles also ( saith he a ) did Govern in an absolute manner , according to Discretion , as being guided by infallible assistance , to the which they might on occasion appeal , and affirm , it hath seemed good to the Holy Ghost and to us . — Neither did the Apostles pretend to communicat it . They did indeed appoint standing Pastors and Teachers in each Church ; they did assume fellow Labourers or Assistents in the Work of Preaching and Governance ; but they did not constitute Apostles , equal to themselves in Authority , Priviledges or Gifts , for who knoweth not ( saith St. Austine ) that Principate of Apostle-ship to be preferr'd before any Episcopacy ? And the Bishops ( saith Bellarmine ) have no part of the true Apostolical Authority . And now judge of the Spirit of these Men , who are glad most falsly to brand these famous Bishops , and others the most eminent Doctors of that Perswasion as being guilty of the most abominable Crime of Socinianism , providing they can thereby bespatter and make odious the Presbyterians . Judge also of D. M's Query b whether the Apostolical Power , as to it 's permanent , necessary , and essential Branches , was not in its nature Perpetual and Successive ; and by them transmitted in solidum , as they receiv'd it from our blessed Saviour to single Successors in particular Sees , and not to a Colledge of Presbytsrs in the modern Notion ? As to the last part of his Query and his Presbyters in the modern Notion , I know none such if 't be not these of the Hierarchicks their half Ministers , for which there is no ground in Scripture . And accordingly it's certain that the Apostles left the managing of the Church to neither Bishops nor Presbyters in his sense , both of them being Chimera's but to Colledges of Bishops who are also Presbyters , both being one in Scripture & during the Apostolick age . But tho' we should grant them all the Query seeks , supposing , which all the Ancients affirm , the equality of all Bishops who , at the beginning , were reciprocated with Congregations , he 's yet but where he was , and has really done nothing for the establishing of his Hierarchy . Judge lastly , of that doughty Argument of the Papists c and our Hierarchicks for Prelacy : to wit , that Bishops succeed to the Apostles and Presbyters to the 70 Disciples : which has been generally reckon'd , by Protestants , among Rome's dotages , and as such refuted in their Popish Controversies ; and , to name no others , by Iunius d and Willet e who answers that not only Bishops , but all faithfull Pastors are the Apostles Successors : and that , even according to the Pope's Decrees , not Bishop , but Priests , succeed the Apostles ; and Deacons , not Presbyters , succeed the 70 Disciples . And now , to go on with D. M. and his Fellows , all their cavilling to make Timothy and Titus Hierarchick Bishops , is but the product of a late Popish Dream . For the Fathers , when they so called them , or the Apostles , mean'd not of Bishops in this sense . § . 3. Wherefore Willet f Answers that it is most like Timothy had the Place and Calling of an Evangelist : and that the Calling of Evangelists and Bishops which were Pastors was diverse . This Answer which so approv'd a Divine of the Church of England gave the Papists , D. M. g calls a ridiculous subterfuge . For ( saith he ) the Work of an Evangelist has nothing in it opposite to , or inconsistent with , the Dignity of a Bishop &c. A most disingenuous tergiversation and sliding from the Office of the opponent or probant to that of the defendent , seeing this was one of his special Scripture-Arguments whereby to establish his Hierarchy ; and it 's sure that if Timothy and Titus might do what they did under another Notion and Capacity than that of a Diocesan Prelate , his Argument goes to wrack . As does also his perversion of 2 Tim. 4 5. for he insinuats that from Timothy's being injoined to do the Work of an Evangelist , it will no more follow that he deserved the Name than Daniel's saying Ch. 8. 27. that he did the King's Work , will prove him a King. But had he ever considered the rest of the Epistle , the context of the place , and the Signification and Notation of the Word Evangelist , he had clearly seen that the Apostle so adapts this Work of an Evangelist to Timothy , that the Name and Character properly belongs unto him . He adds h That any who now convert Jews or Pagans are as properly Evangelists as any so called in the primitive Church ; and thus insinuats that Evangelists , such as Timothy and Titus , were no extraordinary Officers , which , except a few Novelists wedded to their Fancies , is condemned by all Men. § . 4. And that there was such a Function by which some in the days of the Apostles were raised far above the rank of ordinar Pastors or Doctors , and placed in the very next degree to the Apostles themselves , whose Office was mostly ambulatory , going from Church to Church in the exercise thereof , is in part intimated by Sedulius and Theodoret and others upon Ephes. 4. 11. but more fully by Eusebius i who informs us that even after the Death of the Apostles divers remained who were in a far higher rank than the rest of their Successors , who being ( saith he ) the admirable and divine Disciples of so great Men built up the Churches the Apostles had founded , promoving the preaching of the Gospel , and sowing Seed of the Kingdom of Heaven far and wide thro' the whole World : for many of these Disciples that were yet living , whose Minds the Divine Word had inflammed with a vehement desire of Wisdom , fullfilling our Saviour's Command and dividing their Goods among the Poor and thus leaving their Country , exercised the Office of Evangelists among these who had not yet heard the Doctrine of Faith by most diligent preaching of the Gospel and furnishing their Hearers with the Holy Scriptures : these , so soon as in any remot and barbarous Country they had laid the Foundations of Faith and ordained Pastors , and had committed to these Pastors the care of this New Plantation , being content therewith and accompanied by the Grace and Power of God hast'ned to other Countries ; for even to that time the Divine Power of God's Spirit wrought Miracles by these Men , so that at the first hearing of the Gospel some whole Peoples readily imbraced the Christian Religion . Behold Reader how plainly and fully Eusebius relates the thing we plead for viz. that those Officers were altogether extraordinary unfixed and temporary . § . 5. Wretch'dly therefore does D. M. k castrat this full and plain discourse , while he only says that an Evangelist , in the Notion of Eusebius , was a Person that preached the Gospel to those that had not heard of it or resisted it ; and thus dissembles the whole matter in question which Eusebius clearly determines . And according to this Relation of Eusebius , 2 Timothy 4. 5. he is enjoined to do the Work of an Evangelist , and never made a long stay at one place for even after the time of his pretended Ordination to the Bishoprick , we find him not rarely with the Apostle Paul as his Attendant or Fellow Labourer : which not only his joint Superscriptions to the second Epistle to the Corinthians and these to the Philippians , Colossians , both his Epistles to the Thessalonians , and to Philemon : but also the long Journeys and Peregrinations wherein we find Timothy still imployed , irrefragably make manifest : for after he is supposed to have been Bishop of Ephesus , he was accompanying Paul in his Voyages Acts 20. 4. and was with him Prisoner at Rome as is probable from Philippians 1. and 1. Heb. 13. 23. as also frequently imployed in long Voyages to several Churches , and that in Businesses which could not be expeded in a day as is evident 1 Cor. 4. 17. 1 Cor. 16. 10. Philip. 2. 19. Heb. 13. 23. 2 Tim. 4. 21. So that if he was Bishop of Ephesus he will prove a sufficient Patern for non-residence . Most of which things may be supposed of Titus , whose frequent long Journeys are mentioned by the same Apostle . Yea they have just as good ground in 2 Tim. 4. 10. to fix Titus his Episcopal Chair in Dalmatia , which was the Fancy of Aquinas l and others as , they can ever shew for their dream of its being among the Cretians . And indeed the very Phrase from which they gather the Prelacy of Titus ( as we have already observed of Timothy ) gives real ground to conclude the contrary : For this Cause ( saith he ) I left thee in Crete that thou shouldest set in Order the things that are wanting and ordain Elders . From which place any ingenuous Man shall be compell'd to inferr , that Titus was only left there to supply some present want , and to return again , much rather than that he was the fixed Arch-Bishop of Crete . § . 6. It 's amazing then that in defiance of so clear Antiquity , yea and so clear and full Scripture evidence , some dare to transform Timothy and Titus unto ordinary and fixed Officers ; why ? they see that among the ordinary and fixed Church-Officers ; they cannot find what they covet , the Scriptures making Bishop , Pastor , and Presbyter one and the same , but yeelding no place to their Diocesan Bishop , a Lord and Ruler over other Bishops or Pastors . They are compell'd therefore , in imitation of the Romanists , who degrade the Apostle to find the Bishop of Rome and Antioch , just so to handle the Evangelists that Peter be not alone , but may find other degraded Companions if he shall by chance , in his Journey from one of his Sees to another , visit Crete or Ephesus . § . 7. But more strange is that most precarious Assertion of D. M. l that Philip the Evangelist had no Power of Ordination . But it 's yet more admirable how , to establish Timothy a Bishop , he can adduce m the eleventh Act of the Council of Chalcedon : surely , had he read the learned Stillingfleet n who hath for ever baffl'd them in this their Allegation , he had blush'd at the very mentioning thereof . And we learn from Hierome o that Titus , after he had given some Instruction to the Churches of Cret● , was to return again to the Apostles , and to be succeeded by Artemas or Tychicus , for comforting of these Churches in the absence of the Apostle . Judge Reader if Hierome thought Titus was fix'd Arch-Bishop of Crete . It 's questionable ( saith Chrysostome p ) if the Apostle had then constituted Timothy Bishop there : for he saith , that thou might'st charge some that they teach no other Doctrine . Thus he , without a word more for solution of this his Doubt . Judge therefore if , from the very Scripture , whereon ( alone ) they would found Timothy's being Bishop of Ephesus , he really concludes not the quite contrary Doctrine . It 's doubtfull ( saith a most earnest Prelatist , Salmeron the Jesuit q ; if Timothy was Bishop of Ephesus , for altho' he preach'd and ordain'd some to the Ministry there , it follows not that he was the Bishop of that place , for Paul preach'd also there above two years , and absolv'd the Penitents , and yet he was no Bishop . Add that now and then the Apostle call'd him away unto himself and sent him from Rome to the Hebrews with his Epistle . And in the second Epistle he commands him to come to him shortly . Timothy was also an Evangelist of that Order Eph. 4. He gave some Apostles &c. So that Dorotheus says in his Synopsis , that Timothy preach'd through all Grecee but he stayed at Ephesus not to be Bishop , but that in the constitute Church of Ephesus he might oppose the false Apostles &c. It appears therefore that he was more than a Bishop , altho' for a time he preached in that City as a Pastor and ordain'd some to the Ministry . Hence it is that some call him Bishop of Ephesus . And to conclude this matter , the celebrated Stilling fleet r ingenuously grants that Timothy and Titus were no fixed Bishops or Pastors but Evangelists , notwithstanding [ saith he ] all the opposition made against it , as will appear to any who will take an impartial survey of the Arguments on both sides . § . 8. As for the Apocalyptick Angels , tho' , with Beza , we should affirm that by one of 'em one single Moderator is mean'd , we yeeld them nothing , but , e contra , cut the sinews of their Argument . With this D. M. s ingages not ; only he calls the Alterableness of the Moderator , which Beza holds as defensible , ridiculous , which is said without proof , and tho' it were so , touches not the marrow of our Answer . But they shall find their Foundation yet weaker for such a structure , so soon as they shall with attention read over the contexts of the place now in Controversie . The seven Stars which are the seven Angels are said to be held in God's right hand ; whereby , without peradventure , is signified the great care our Lord had of the Pastors of these Flocks , in order to the promoting of the great Gospel-Design , the gaining of Souls to himself . But Bishops , I mean Diocesans , as such , and distinct from other Pastors , are not at all Dispensers of the Word and Sacraments , by whom mostly this Gospel-design is effected . Moreover , how few should they be , to whom this care was extended , and how small comfort should the bulk of the Labourers in the Word and Doctrine be able to reap from the Scripture ; which otherways is one of the most refreshing Cordials to the weary and fainting Labourers of Christ's Vineyard . And if we consult the Epistles to these Churches , how many things shall we find therein that argue , beyond scruple , that the Spirit is speaking to the collective Bodies of Church-Officers and not to one Man only . Shall we believe that for the sin of one Diocesan Bishop , who , as such , was scarce so much as a Preacher of the Gospel , all the Candlesticks of the Gospel were to be removed from the whole Church , and the Light thereof extinguished : a grievous Punishment , and too universal , providing the Diocesan only were to be charged with Defection . Yea have we not much better reason , to judge that this declining , and deserting of their first Love , imputed to the Ephesian Angel , had crept into , at least , the far greater part of the Church-Officers ; and so the sin charged upon them , and the punishment threatned shall have a far greater correspondency . Moreover the trial of false Teachers , for which the same Ephesian Angel is commended , is not the Work of any one Church-Officer , but of the Ecclesiastical Senat , which therefore must be the Angel , who upon this account is here commended . D. M. yeelds that the Heavenly Admonitions first address'd to these Angels were also communicated to the Churches but by the interposal of their Angels . But , were this as certain as , from what is now said , it appear● precarious , yea and uncredible ; yet this Angel or Bishop might be only a Praeses or Moderator , so his Argument is not at all relieved . Who ( continues he ) cann't be call'd a Colledge of Angels but one single Angel &c. Which is a most flat begging of the Question . And tho' ( saith he ) there be Instructions in these Epistles , in which , besides others , the Angels are particularly admonished , yet they are no less adress'd to single Angels than the Epistle to the Philippians is to that Church , Tho' St. Paul uses particular Compellations Ch. 4. verse 2. 3. Where he perverts the state of the Question which is not , If in any Epistle there may be Instructions that concern some beside these to whom they are chiefly directed ? But if what is here said to the Angel can agree to any one Man ? And beside what is instanced , to what one Man in the World can that agree which is promised to the Philadelphian Angel ? viz. That the Hereticks were to come and Worship before his Feet . Such a promise indeed is made to the Church , Isai. 60. 14. but to one meer Man no where . § . 9 From all which 't is evident that by the Name of Angels , not particular Men , but at least the Ecclesiastick Senats are design'd which is not unfrequent in Scripture , as Mal. 2. 7. where 't is said that the Priests lips should keep knowledge , from whose mouth the Law was to be sought , the reason of which is subjoin'd , that he was the Messenger or Angel &c. as the Seventy have it . I know from the Passage Dr. Hammond , on the Revelation , attempts to conclude the quite contrary , alledging that in this place the High-Priest only is to be understood , but without any ground of his alledgiance : this his Assertion further supposes , that the High-Priest alone was the Cabine of Knowledge , and the Peoples Teacher from whom the Law was to be learned ; quite contrary to 2 Chron. 17. 8 , 9. where we learn that amongst the rest of the Teachers sent through the Kingdom by Jehoshaphat , were Elishamma and Jehoram Priests . Moreover the 4 , 5 , and 6. verses of the same second of Malachy , where under the name of Levi in the singular Number all the Levites are undeniably to be understood , and what 's said of Levi as of one Man is certainly mean'd of a Multitude ; evince that under the name of Priest in the following verse , we must understand a Plurality . § . 10. But the 24. verse of the second Chapter , Vnto you I say and to the rest of Thyatira puts this beyond Debate . But Hammond excepts , that in the Ancient Greek Mss. And particularly that at St. James 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is left out , and the words read To you the rest or To the rest of you in Thyatira . But be it so , yet I think these will not serve to discredit the Vulgar , and universally received Greek Copy in which this particle is found . Yea 't is found in so many Greek Copies , and these of so good Note , that I doubt if any of all these who during eight or nine Score of years , translated or expounded this Place , has ommitted it ; and altho' some Copies of the Vulgar Latine want it ; yet there be no few that retain it ; and amongst other two Mss. in the Library of Glasgow . And Aretas or rather Andreas who lived in the fifth Century ; above , as I believe , the age of most of the Mss. now in the World , I except not that at St. James's notwithstanding of what is fabled to the contrary , retains this Particle as a part of the then uncontroverted Copy . And after him Beda : to which we may yet add the ablest of the Romanists , as Dionysius Carthusians , Lyra the Glossa interlinearis , and a Lapide , no Friends to Presbytry . § . 11. But D. M. t tells us that these words in the 24 v. But unto you I say , &c. cannot be applyed so properly to the Angel of the Church of Thyatira as to these mention'd in the end of the 23 verse , the other Churches of Asia . Which , ( saith he ) because they are mentioned in the Speech directed to the Angel of the Church of Thyatria the immediat transition from him to them is easie . But except we force the place nothing of this kind can be thence collected , there being nothing in this Epistle spoken to or of the other Churches except the meer mentioning thereof , the more to hold forth the greatness and conspicuousness of the Punishment denunced against the Strayers in Thyatira . Yea the latter part of the 24 verse , And to the rest in Thyatira proclaims that the former part of the verse is to be understood of the same People of Thyatira likewise . In a word his gloss is so uncouth and strain'd that you cannot easily tell what to make of it . And 't is , at least , no more odd than his Conduct all along . § . 12. And to instance , in the present Theme , he would fain ridicule Salmasius for affirming that , under the names of the Angels , the Churches themselves or the more pure and Angel-like parts thereof are to be understood . According to Salmasius his Iterpretation ( inferrs D. M. ) the seven Stars must needs be the seven Churches of the seven Churches . As if such Phrases were not frequent enough in Authors , and yet not justly lyable to any such Inference ; or as if the more holy and spiritual part of the Church were the whole visible Church : for except D. M. so affirm , the Author of this Gloss cann't be accus'd of nonsense ; who yet is not Salmasius , for he only learn'd it from Aretas , or Andraeas , and other Fathers , and defended it against the Jesuite Petavius , whom D. M. would patronize against both Protestants and Fathers . The second of the Homilies ascribed to Augustine u in Apocalypsin informs us that under the name of Angel not only Bishops but other Church-Rulers are likewise understood . And again , seeing Angel signifies a Messenger ; whosoever , whether Bishop , Presbyter or Laick frequently speaketh of God , and declares how we may obtain eternal Life , deservedly gets the name of an Angel of God. And Aretas x saith , he calleth the Church it self the Angel. And Primasius y saith by these Angels of the Church are to be understood the Guides and Rectors of the People , who ruling in particular Churches , Preach the Word of Life to all Men : for the name of Angel signifies a Messenger . And z again both Church and Angel is comprehended under the Person of the Angel. And thus their main Scripture-Argument even the Fathers being Judges goes to ruine . § . 13. Yea the more sagacious of our Adversaries well perceive that neither this Scripture , nor any other , supports their Doctrine : Wherefore Petavius never attempts to bring his Proofs from Scripture , but only from Ecclesiastick Traditions . Add hereto the words of Dr. Burnet a As for the Notion ( saith he ) of the distinct Offices of Bishop and Presbyter , I confess , it is not so clear to me : and therefore since I look upon the Sacramental Actions , as the highest of sacred Performances ; I cannot but acknowledge these who are empower'd for them , must be of the highest Office in the Church . So I do not alledge a Bishop to be a distinct Office from a Presbyter ; but a different degree in the same Office , to whom for Order and Vnities sake , the chief inspection and care of Ecclesiastical Matters ought to be referred , and who shall have Authority to curb the Insolencies of some factious and turbulent Spirits . His Work should be to feed the Flock by the Word and Sacraments , as well as other Presbyters ; and especially to try and ordain Entrants , and to Oversee , Direct , and Admonish such as bear Office. And I more willingly incline to believe Bishops and Presbyters , to be the several degrees of the same Office , since the names of Bishop and Presbyter , are used for the same thing in Scripture ; and are also used promiscuously by the Writers of the two first Centuries . Where he plainly contradicts Dr. Pearson , who , in favour of his Ignatius , largely pleads for the accurat distinction of Bishop and Presbyter in the second Century , denies Bishop and Presbyter to be distinct Orders ; and finally acknowledges , that in the chiefest parts of the Ministerial Function they are equal : and so really denudes the Bishop of all the degree he left him . But more clearly elsewhere , I acknowledged ( saith he b ) Bishop and Presbyter , to be one and the same Office ; and so I plead for no New Office-Bearers in the Church . Next , in our second Conference , the Power giv'n to Church-men was proved to be double . The first Branch of it , is their Authority to publish the Gospel , to manage the Worship , and to dispence the Sacraments . And this is all that is of Divine-Right in the Ministry , in which Bishops and Presbyters are equal sharers , both being vested with this Power . But beside this , the Church claims a Power of Jurisdiction , of making Rules for Discipline , and of appointing and executing the same ; all which is indeed suitable to the common Laws of Societies , and to the general Rules of Scripture , but hath no positive Warrant from any Scripture-Precept . And all these Constitutions of Churches into Synods and the Canons of Discipline , taking their rise from the Divisions of the World into the several Provinces , and beginning in the end of the second , and beginning of the third Century , do clearly shew they can be derived from no Divine Original ; and so were , as to their particular Form , but of humane Constitution : therefore as to the management of this Jurisdiction , it is in the Churches Power to cast it in what mould she will. A Presbyter ( acknowledges even Cornelius à Lapide c ) is equal to a Bishop in the chiefest Order , which is the Order of the Priest-hood . § . 14. To which add the Judgement of Dr. Hammond a Man so distemper'd with extreme Passion for the Hierarchy , that he makes d him that sat on the Throne Rev. 4. God the Father , and the four and twenty Elders with their Golden Crowns , an Image and Representation of the Metropolitan Bishop of Hierusalem , and the four and twenty Bishops of Judaea in Council , for Golden Crowns or Mitres he makes the Characters of the Episcopal Dignity . Yet even he asserts ( on Acts 11. 30. & Philip. 1. 1. ) that the Title of Presbyter in Scripture times belonged principally if not only to Bishops : There being ( saith he ) no evidence that any of that second Order were then instituted but Bishops ( only ) and Deacons . This he at large confirms , and so really overthrows Prelacy when he would fainest establish it , joining with the Presbyterians in their grand Antiprelatick Principle ; viz. that simple Presbyter ( as the Hierarchicks phrase it ) without Power of Ordination or Government , or a distinction between Bishop and preaching Presbyter , is a meer stranger , & without all Foundation in the Holy Scriptures . From all which 't is clear that these Bishops or ( which is all one ) preaching Presbyters , in Scriptures , and during the Apostolick age , were nothing save Pastors of particular Congregations . Section VI. Our meaning of Ignatius confirmed from the Writings of the Apostles , his immediat Ancestors MOreover nothing can be more clear for the Idenity of Bishop and preaching Presbyter , than that known Scripture Acts 20. 17 , 28. They Answer , that the Bishops of Asia , not the Pastors of Ephesus , were , by Paul , sent for , which some would support from the 18 ver . From the first day that I came into Asia &c. But since , as is clear ch . 19. verse 10. from his coming into Asia , he had been most in Ephesus , he might truly say so much tho' the Ephesians only had been present ; but suppose he spoke to others beside , we are at no loss ; the Question is , if he gave not , tho' amongst others , the Title of Overseers or Bishops to these he sent for ? verse 17. And if these were not the Elders of Ephesus ? They yet object the words of Irenaeus viz. That Paul called together to Miletum the Bishops and Presbyters of Ephesus and the neighbouring Towns. But as for his seeming here to distinguish Bishops from Presbyters , this Scripture where they get both Names , and which Iraeneus had then in his view , and his frequent promiscuous using of these Names , perswade me that he only respected the 17 and 28 verses , and so took Bishop and Presbyter Synonimically for one and the same . His adding of the neighbour Towns to Ephesus might flow from his inadvertency whereat no attentive Reader of Irenaeus a will marvel , and yet this is as likely to have crept into the Version , for the Original of Iraeneus we have not , because these Elders their belonging to Ephesus alone is not only so clear from the 17 verse , that the repeating of the word Ephesus would really prove a redundancy , wherefore the Syriack omits it in the former part of the verse and expresses it in the latter , and called for the Elders of the Church of Ephesus : but also all the Ancients either affirm , as Hierome , or suppose that these Elders belonged only to Ephesus , which even Dr. Maurice b yeelds against Dr. Hammond and says , that then , properly speaking , there might not be a Bishop amongst them all , for they are Presbyters belonging not to several Congregations ; but to one Church and might have a Bishop . But not only the promiscuous attributing to them the Names Bishop and Presbyter , their being , and that without any insinuation of their Subjection to a superiour Bishop , enjoin'd by the Apostle to Oversee and feed the Flock ; and finally the very Repetition of this Fiction of their Hierarchy in the Apostolick Age sufficiently refute it . Who ( continues he ) the Ancients thought was Timothy . And thus all resolves into the fictitious Episcopacy of Timothy , already overthrown . Now 't is observable how they contradict one another , and by halfs acknowledge to be false all they plead for : for some , as Dr. Maurice , perceiving that the Ancients affirm and the Scriptures proclaim all these Elders to belong to the Church or City of Ephesus , acknowledge these could be no Diocesan Bishops . Others as Dr. Hammond ( in locum & alibi ) and Petavius c seeing that these are not only dignifi'd with the name of Bishop but intrusted with the care of the Flock , and that without Paul ' s mentioning of any superiour Bishop ; when , if ever , there was ground to have mention'd him ; yeeld that , of necessity , these Elders must be Bishops or more than simple Presbyters . Whence is all this Contradiction and Confusion of Tongues ? but from the force of Truth before which Men must either bow or break , and be compell'd , tho' after never so much interpolation and disguise , to express what they would fainest conceal . The matter is , their Diocesan Bishop , their simple Presbyter , their distinction between Bishop and Presbyter are meer Antiscriptural Figments , in the sustaining of which against this and the like Scriptures , they are obliged to confront one another , and in the throng of their blunderings intirely yeeld the Controversie . § . 2. The same line of confusion runs along their Answer to Philip. 1. 1. with the Bishops and Deacons &c. whence 't is clear that there were in one City many Bishops who were no other thing than Presbyters , and that these were no distinct Orders , the Deacons being immediatly subjoin'd , these were the Bishops of the several Cities of Macedonia under Philippi the Metropolis ( saith Dr. Hammond in locum ) 't is denied by Dr. Maurice d I could never find reason ( saith he ) to believe them any other thing than Presbyters . Philippi was a Metropolis because a Colonie ; saith Dr. Hammond : but that this will not follow is acknowledged by Dr. Maurice . Thus they are still by the ears . But saith Dr. Hammond , the Apostle might retain the Episcopal Power in his own hands , and tho' absent might exercise it by Letters : but they can give no ground why the like may not be said of the Apostle in reference to the rest of the Churches , and so Timothy and Titus shall be dethron'd and our Adversaries , endeavouring to Answer one of our Arguments , loss two of their own , yea all of them : for it being no less presumable that John would keep the Episcopal Power over the Churches of Asia in his own hand then that Paul kept that of Philippi , there shall be no ground nor colour to Metamorphose the Apocalyptick Angels into Diocesan Bishops ? Or it 's possible ( continues Dr. H. ) that then the Bishop's Chair was vacant . But if so and a Diocesan so necessary as they pretend , without peradventure the Apostle had not only mention'd it . but also spent some part of his Epistle in directing and giving them Rules in order to their choice of a fit Successour . Or the Bishop ( saith he ) might be absent , and Epaphroditus by the Ancients judged Bishop of Philippi appears to have been then with Paul. But this Dream of Epaphroditus his being Bishop of Philippi , the Doctor in that very place e condemns and overthrows , and so frees us of further trouble about it . § . 3. Yea in none of these Answers does Dr. H. rest , but , as is said , in this pretext that Philippi was a Metropolis over many subject Bishops , leaning mainly on Acts 16. 12. whose Arguments were examined by Dr. Stillingfleet f and Mr. Clerkson . g Dr. Maurice , tho' a grand Enemy to Hammond's grand Principle , undertakes notwithstanding the defence of some of these Arguments against the latter , but medles not with the former , and saith that Beza ' s Manuscript hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 as hath also the Syriack and Arabick . But OEcumenius and Theophilact , and even Chrysostome , yea and the received Greek Copy which Translators , generally follow , read 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But seeing , as the learned Stillingfleet demonstrats , Philippi was not then a Metropolis in the Civil sence which is the Foundation of all their Structure , 't is impossible that it can be call'd by Luke 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or first in respect of Dignity ; but only either must be mean'd as Luke may well be understood that it was the first Colony they mett with coming from Samothrace , or in respect of Situation it being scarce within the Bounds of the proper Macedonia , but on the Thracian side of the River Strymon the Boundary between Thrace and Macedonia , yet it might be nearer to the proper Macedonia than was Neapolis , and therefore is rather to be reckon'd a part of that Country than Neapolis could be : wherefore on both , at least , certainly on one of these accounts , appears the nullity of Dr. Maurice his Answer , while he says that not Philippi but Neapolis was the first in Situation . Of the same kidney is his saying that Philippi might be more considerable in Luke ' s time than in the time of P. Aemilius : seeing this is a mean begging of the Question : for he brings nothing from any Records which a Matter of this kind requires , to make in the least probable the growth of Philippi between the time of Aemilius and Luke : and Chrysostome h speaking of Luke's time , tells us that it was no great City . Moreover Dr. Stilling fleet , ex abundanti , clearly shews through the several periods of time that Philippi was of no greater Dignity in the time of Luke than in the time of P. Aemilius . Dr. Maurice adds as a proof of Philippi's Metropolitan-ship , in Luke's time that the Bishop of Philippi is mention'd as Metropolitan in Liberatus , the Council of Ephesus , Sedulius , and in an old Notitia . To which I Answer with Dr. Stillingfleet i in the like Case : But what validity there is in such Subscriptions , or Allegations in the latter end of the fourth , or the time of the fifth Century to prove a Metropolis : in the first , let any-one judge that doth but consider how common a thing it was to alter Metropoles , especially after the new Disposition of the Roman Impire by Constantine . Yea Carolus à sancto Paulo who was most versant in these Matters , and with him Dr. Stillingfleet , believe that for the first six Centuries Philippi was no Metropolis . § . 4. But I will not enlarge in overthrowing a Fancy so wild and gross . But in the end of the second Century , ( saith Dr. Burnet , k ) the Churches were framed in another mould from the Division of the Empire : and the Bishops of the Cities did , according to the several Divisions of the Empire , associat in Synods with the chief Bishop of that Division or Province , who was call'd the Metropolitan , from the Dignity of the City , where he was Bishop . And hence sprang Provincial Synods , and the Superiorities , and Precedencies of Bishopricks . You see how the chiefest of Prelatists disown and disclaim this Metropolitan Fiction : but none more fully than Dr. Stillingfleet who has nervously baffl'd all their Pretences , prevented whatsoever Dr. Maurice advanced ( for I speak not of Mr. Clerkson who has also sufficiently done it ) and finally , more particularly , ruined all their Pretexts for Philippi's Metropolitan-ship , either in a Civil or Ecclesiastick sense , during the first Century or Apostolick age . Judge therefore of Dr. Maurice his Candor , which minds me of another piece of his Legerdemain to evite the force of Philippians 1. 1. For if ( saith he l ) in Mr. Clerkson ' s Opinion , the Bishops mention'd Philip. 1. 1. be no other than Presbyters , then this place is impertinently alledged , since many Presbyters are by all sides acknowledg'd to have belong'd to one Church , but if he speak of Bishops in the common Ecclesiastical sense , and then conclude from this Passage that there were many in the Church of Philippi , his Opinion is as singular as that of Dr. Hammond which he endeavours to refute , for my part I must profess I am not concern'd in this Dispute ; and I could never find reason to believe them any other thing , than Presbyters — m Or were these Bishops only Presbyters ruling the Church of Philippi , with common and equal Authority ? Then our Author must give up the Question , and in stead of making many Bishops , must own that there was none at all there , but Presbyters only , if he thus contend he will abuse his Reader with the ambiguity of a word , which he takes in one sense , and the Church in another . That many Presbyters might belong to one Congregation , none ever deni'd ; that many Bishops in the allowed and Ecclesiastical sense of the word , had the oversight of one City , sounds strange and incredible to the ancient Christians . Where he sleely supposes as granted that Bishops in Philip. 1. 1. must either be understood of their simple Presbyters or of Diocesan Bishops , and then equipps his horn'd Argument no other ways than if he had professedly declined all Dispute , till once his Adversary had , out of kindness , yeelded the Question , which is only about the Scriptural and Apostolick sense of the word and notion of the Office of a Bishop , if that , and the Office of a preaching Presbyter be not in Scripture one and the same , and consequently if these at Philippi were not Scriptural Bishops no less than they were Presbyters ? Now that he concern'd not himself in this Dispute , nor was in earnest in it . I deny not : his slippery dealings make it but too , too apparent : his simple intimation that these were only their simple Presbyters , I pass , having already blown off all their noticeable Depravations of Philip. 1. 1. I have yet mett with ; and observe that he , following the Romanists , insinuats that we cann't understand the Scripture's meaning , untill we have their Churches Commentary . His ambiguous and unhandsome conduct is no less apparent in these his Phrases ( common Ecclesiastical sense — which he takes in one sense , and the Church in another ) For either he may mean that the Church , when she speaks of Bishops who were in after times , understands , by this Name , only Diocesans ; and so touches not in the least ( contrary to what he insinuats ) the Churches received sense of this Text , nor what Notion she had of Scriptural-Bishops : Or his sense may be that , when she speaks of Apostolick and Scriptural Bishops , she then still means Diocesans and Rulers over their simple Presbyters , and this he must mean if he speak to the Purpose . And then I inquire what Church was of this mind ? Surely neither Primitive nor reformed Churches , I except not that of England , whose greatest Lights we have already heard disclaiming all Divine Right of Diocesan Episcopacy , and identifying Bishop and Presbyter . Yea many , even of the Romanists , are forc'd to confess so much ; There are Catholicks ( saith the Jesuite Justinianus n ) who have stuck in the mud of Aërianism . The Church then he means must be only a few factious Novelists , who , in despite of both Divine and Humane Records , and the common Sentiment of Christians , dare to obtrude on the World , as a Fundamental of Religion , their privat and wild Fancies . Neither is it strange that so few imbrace this conceit of denying the Scripture-Identity of Bishop and Presbyter . § . 5. For beside these Scriptures now adduc'd let them but look unto 1 Tim. 1. 3. where they shall find a transition from Bishop to Deacons without any mention of intermediant Presbyters , and consequently the Identity of these Offices . Bellarmine o Answers that the Apostle gives a general Instruction to the Clergy , & that under the name of Bishops & Presbyters all the superior Clergy is comprehended . But seeing they make a Distinction of these Offices so necessary , it was requisite they had been handl'd in particular , and not hudl'd up in a general , seeing no where in Scripture there 's any more particular Distinction of Bishop and preaching Presbyter assigned : but Bellarmine's main Answer to this and all such Scriptures is , that the Names Bishop and Presbyter were then common to both Orders : which Answer all the Hierarchicks and more particularly D. M. borrow from the Jesuite . But I answer and argue with Junius against Bellarmine p that seeing the Names were then common , and a real community of Names imports a community of things which by these names are signifi'd ; it necessarily then follows that , as the Names were then common , so were the Offices design'd by these Names . But to see the Reform'd conquering , and the Jesuites foil'd some are much pain'd : and in special D. M. who spends about 17 pages q for the support of Bellarmine's Answer : the substance whereof , and of his first three Queries r is , that Still in the Pentateuch the High Priest is nam'd by the same Appellative ( without any distinction of Order or Jurisdiction ) that the other Priests were nam'd by : and the title of a Priest was promiscuously apply'd , without any distinction or marks of Eminence to the High Priest as well as to the Subordinat . And , The Apostles retain'd the Phraseology of the Jews who spoke of Priests and Levites as two distinct Orders , without mentioning the High Priest. And , When the Ancients Dichotomiz'd the Clergy , they in other places plainly reckon up three distinct Orders of Bishop , Presbyter , and Deacon . But is there never in all the Scriptures any Title , Distinction , or Marks of Eminence giv'n to one Priest , which were not communicable to all of ' em ? Got ever all of 'em promiscuously the Title of High Priest , or such distinctive Appellations ? Did the Apostles so retian the Phraseology of the Jews , as that they sometimes make a Bipartite and sometimes a Tripartite Division of ordinary Church-Officers , and give to any one ordinary Pastor , sometimes at least , a distinguishing Title and Marks of Eminence which are at no time communicable to all ordinary Pastors promiscuously ? As to the Ancients their sometimes Dichotomizing , sometimes Trichotomizing the Clergy ; it 's most certain that in their Dichotomies they ey'd the prime primitive Church , and in their Trichotomies their own times . But Christ saith D. M. ) is call'd an Apostle & a Bishop , the Apostles , Presbyters and Deacons . But was Christ so call'd an Apostle that he had no other peculiar titles or marks of Eminence , or that on the other hand the name Christ was giv'n promiscuously to all Apostles or ever giv'n to any of ' em ? Lastly , was the Apellation of Apostle equally communicable to all Presbyters or ordinary Pastors , as to the twelve and some few else extraordinary Officers ? All which he must swallow , else he gives no relief to his Friend Bellarmine . We Argue , that seeing to no ordinary Pastor is giv'n any peculiar Appellation , Character , or Description , but what is equally common to all , there must be an Equality and Parity amongst all of 'em ; and this they can never get over . Moreover among the Evangelists , yea and among the Apostles , Officers superior to ordinary Pastors , the reformed Churches being Judges , there was a compleat Parity as was also among the Deacons their Inferiours : notwithstanding of all which the Hierarchicks must plead for certain Stories of Preheminence among the ordinary Pastors ; in favours ; whereof ne gry quidem they can bring from the Word of God the only Rule of Faith and Doctrine . § . 6. Add hereto Tit. chap. 1. where we not only find the Apostle using indifferently and promiscuously the two words Bishop and Elder , but also he alledgeth the necessity of fit Qualifications in the one , to prove that the same are required in the other ; the Presbyters that were to be Ordain'd must be blameless &c. because a Bishop must be so : wherein either we have an ocular Demonstration of the Identity of these two Officers , or else ( which I abhorr to think ) the Apostles reasoning is more pitifull than the most equivocant Paralogism ; their being not so much as a nominal Connexion betwixt the Antecedent and Consequent ; and no less ridiculous than if one should reason that every Captain of a single Company must be able to guide and manage a whole Army , because such Qualifications are required in a General . Now , seeing these Scriptures already vindicated , to name no others , evidently declare that there was no such thing as a Diocesan Bishop , that there 's a compleat Identity of Bishop and preaching Presbyter , and consequently a Parity of all ordinary Pastors , they of necessity condemn the Hierarchick and Diocesan Imparity : for I 'm perswaded these who alledge that they find in Scripture a Distinction between these Offices , will judge that they may with reason enough conclude the Divine Right of Episcopacy . Hence judge of D. M's fifth Query s where and in what places of Scripture the superiority and jurisdiction of one Priest above another is forbidden ? And if it be not plainly forbidden , then the Fancy of a Jus Divinum in favours of Presbytry ( such as is exclusive of all other Forms of Ecclesiastical Government ) is groundless and Chimerical . From all which I conclude that if the Ignatian Bishop and Presbyter most be understood in the Notion of our Adversaries , he then quite crosses the Apostles , & so his Doctrine is stark nought , or ( which is a far more charitable Sentiment ) his Epistles have suffer'd no small interpolation . Section VII . The grand Objection , taken from the Commentaries of the Ancients , remov'd . BUT the Fathers , as our Adversaries pretend , glossing on these Texts , went quite cross to our Doctrine , To the Bishops and Deacons ( saith Chrysostome a ) What means that ? What ? was there a Plurality of Bishops in one City ? Not at all : for at that time the Name was yet common , so that a Bishop was also nam'd a Deacon , that is a Servant . And adds , that both Timothy and Titus were Bishops . Of the same mind ( say they ) were Hilary , Epiphanius , Theodoret , OEcumenius and others : which harmonius Consent of Ancients cann't but be the true meaning of the places in Controversie . But as these , and such Fathers confess , and their Works proclaim , they were , like others , subject to humane Weakness and Corruption , fell into compliance with the growing Errors , into immoderat heat , prevarication and self-repugnancy , and negligence to search for the Scriptures their meaning . How loudly sounded the debate concerning rebaptizing between Stephen and Cyprian , which ●ore almost the whole body of Christians into a pair of Factions ? With what heat was it prosecuted ? And , which is most lamentable , how pitifully was the truth on both hands deserted ? For altho' it be commonly believ'd that Stephen only held the truth , and Cyprian and his fail'd , yet Stephen and the Romans did no less betray it : On the other extream , while they asserted the sufficiency of Baptism , altho' administred by the grossest Hereticks and capital Enemies of the Fundamentals of Christianity . How great , both before and after that time , were the Contests about Easter ? How scandalous were the Contests between Chrysostome , Epiphanius and Theophilus : and between Hierome and Ruffine . Not to name others , in all which it is apparent how little they believed one another , and how much many of 'em prevaricated in favours of their particular Fancies . § . 2. But their Contradictions to one another are less to be admired when we clearly perceive that one and the self same Author , either out of negligence or some other weakness , hath given us quite contrary Doctrines . Justine Martyr , which Sculte● observes b , in one place ascribes the whole Work of Regeneration to free Grace , and in another destroyes what he had builded ; and places free Will in the room thereof . And Clemens Alexandrinus , as the same Scultet observes c following Justine Martyr delivers the like inconsistencies about the same Theme : he sometimes ascribes our Salvation wholly to Faith , and again tells us that we may purchase it with the Treasure of our Works . § . 3. Of the same kind are their polemick Discourses , wherein their study was much more directed to bespatte their Antagonists , and alure the vulgar Auditor , than solidly to support the Truth . I shall never believe that Optatus d believed himself , when he maintain'd that all the Menaces utter'd in the Old Testament against Tyre and her King had for their Object Parmenianus the schismatical Bishop of the Donatists , who lived at Carthage , that had once been a Tyrian Colony , but in the time of Parmenianus was inhabited by Romans who had either quite extirpated or expelled thence the whole Race of the Tyrians . With no less lightness , but more danger did Justine Martyr e long before Optatus , endeavour to perswade the Gentiles , that all Mankind were Partakers of Christ , because they were Partakers of Reason , and Christ is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which also signifies Reason . Where we see that Justine leans only on a pitifull Equivocation , the deceit of which could not be unknown to him who natively spoke Greek . Neither were Origenes , Methodius , and others , as Hierome witnesseth , more solide in their Writings . Yea Hierome himself distinguisheth between Progymnasticks and Dogmaticks , alledging that in the former of these a Disputant hath liberty to muster up many Arguments in which he hath no confidence . § . 4. To these we may add both their Homilies and Expositions wherein it 's not easily determined when they spoke their own minds , or when they gave us only Transcripts of others , to believe and defend which they held themselves but little obliged . Yea Hierome oftner than once tells us that it was the common Practice of the Writers of these times to give the Expositions of others , and yet conceal the names of the Authors , and so involve the Reader , and make him take for their judgement the things they never believ'd . § . 5. If we search into the causes of so strange dealing , we have heard out of Hierome that one of 'em was meer sloath and neglect . See much more to this purpose in Dallaeus de usu Patrum . Another Cause , why they both spoke , wrote and practised otherways than they knew could be warranted by Scripture , was their unjustifiable Compliance with both Jews and Pagans ; good perhaps intentionally being out of design the better to Proselyte them , but eventually proved as unhappy as its Practice was unwarrantable , and destitute of Scripture ground . Hence their Deacons were named Levites , their Bishops Priests and High-Priests , the Lord's Table the Altar , and the Lord's Supper a Sacrifice , and at length Diocesan Bishops and Arch-Bishops were instituted in imitation of the f Pagan Flamines and Protoflamines . Another Cause thereof , which especially takes place in their Homiles and Expositions , was the multitude of Alterations and Corruptions well grown before any of these Homilies and Commentaries we now enjoy were extant , these were too deeply rooted to be opposed ; and therefore they believed themselves under a kind of necessity to accommodat their Comments and Declamations thereto , at least , so to temper and compose them that they should not thwart therewith . Of this sort of Conduct , we have a clear instance in Augustine , who sometimes commends and praises several unscriptural Ceremonies : But g elsewhere speaking his Mind more freely disapproves them as both unwrantable and burdensome . He indeed there intimats that some things commonly observ'd throw the World tho' they were not written yet might be kept as having come from the Apostles or general Councils ; such as was the Observation of the Lord's Passion , Resurrection and Ascension . But even this , as is most probable , he yeelded out of humane Weakness and Fear to oppose the then prevailing Innovations : for , the needlesness of such preterscriptural Observations he evidently declares elsewhere h saying that all things which belong either to Faith and Manners are plainly contain'd in Scripture . From all which is clear , that we cannot at all be sure if the Fathers , Commenting on the places in hand , either knew their true meaning , or if they did , sincerely gave us what themselves believed . § . 6. And that in their Explications of these Texts , we have not their genuine Sentiments , is to me evident . First , because they gave such Reasons of their Exposition as the greatest Prelatists count stark nought . Thus Bellarmine i rejects and overturns the Grounds of every one of these Expositors in particular , except these of Chrysostome only , who yet hath nothing of any moment above the rest : for Chrysostome exponing Philip. 1. 1. alledges only in defence of his Exposition that the sole Title and Name of Bishop was common to both Orders : but this is refused by Dr. Hammond and others , and , as we shall hear , by Chrysostome himself . But the Jesuite intending to retain that Exposition , thought himself obliged to embrace some of their Defences , whereas in truth they themselves never believ'd them to be solide , but only the growing Corruptions being too strong to be opposed , and some of 'em having got an Episcopacy which was then creeping in , and which they , depending on the Churches Authority , thought they might retain , they believ'd that for the fashion they might so gloss the Scriptures whereby Episcopacy is wounded that the People should not perceive the unwarrantableness thereof . Secondly , The main ground common to all these Expositions why they expone any of these Texts as if they condemn'd not a Diocesan Bishop , is a sufficient evidence that they were far from being in earnest in their Glosses , for they still alledge that there behoved to be a Bishop above these Bishops in Philippi whom Paul salutes , because there might not be Plurality of Bishops in one City . This Practice indeed was for the most part current in this time , tho' not universal , as we learn from k Epiphanius , informing us that even in these times there used to be a Plurality of Bishops in one City . Yet quite contrary to this Text which they either carelesly or timourously shuffl'd . They judged ( saith Dr. Stillingfleet l ) the Practice of the Apostles by that of their own times ; as is evident by Theodoret and the rest of the Greek Commentators , assigning that as the reason why the Presbyters spoken of in the Epistles to Timothy and Titus , were not Bishops in the sense of their Age , because their could be but one Bishop in a City . And Petavius m grants that many true Bishops were sometimes at once in one City . And n altho' the Episcopal Order be of Divine Right , yet at 's not of Divine Right that there should be only one Bishop in one City , this was only brought in by the Authority of the Church and Councils , and accordingly Hierome and Ambrose are to be understood . By what Law ( saith o J. Taylor ) speaking of Philippi and that not as a Metropolis ) may there not be more Bishops than one in a proper sense in one Diocess ? Where 't is not unpleasant to hear so great a Prelatist by one Interrogation overthrowing the whole Episcopal Cause , and propugning the main Plea of the Presbyterians viz. that in Philippi alone there were many who had not only the power of dispensing the Word and Sacraments , but also of Ordination and Jurisdiction , and were every way Bishops in a proper sense . Thirdly , Some of these Expositors proclaim what we alledge for p OEcumenius who , like the rest intimats , as if in Philippi there had been a Bishop superior to the plurality of Bishops saluted by the Apostle . Yet on Acts 20. and 17. gives this Paraphrase . Because many are ignorant of the Manner especially of the New Testament , whereby Bishops are call'd Presbyters and Presbyters Bishops . This much may be observed both from this place and from the Epistle to Titus and to the Philippians , and 1. to Timothy . From this place therefore of the Acts we may arrive at the certainty of this Matter . For thus it is written , from Miletus he sent and called the Elders of the Church , it is not said the Bishops . And afterwards he subjoins , over which the Holy Ghost hath made you Bishops to Feed or Rule the Church : and from the Epistle to Titus , that thou mightest appoint Elders in every City , as I ordain'd thee : and from the Epistle to the Philippians , to all that are at Philippi with Bishops and Deacons : and , as I believe , the same may be gather'd from the frist to Timothy : If any Man ( saith he ) desires the Office of a Bishop , he desires a good Work ; a Bishop therefore should be blameless . And shortly after , let not a Widow be taken into the number under threescore years ( which the Transcriber of OEcumenius hath out of negligence inserted from the 5. Chap. and 9. ver . in stead of the 8. verse of the 3. Likewise let the Deacons be grave &c. ) For this is the Church Canon directing what manner of Man such an one viz. the Deacon ought to be . Thus far OEcumenius , and not a word more to this purpose , where , having really proposed the now much tossed Question , mustres up four of the chief Places from which the Identity of Bishop and Presbyter is commonly inferr'd , and directs us to learn the Solution of this Doubt therefrom . Hence 't is certain that OEcumenius , no less than Hierome and Aërius of old , and Presbyterians now , believ'd the Scriptural Identity of Bishop and Presbyter , seeing , he having brought up these Scriptures , which , even in the Judgement of our Adversaries , creat to the Hierarchicks a vexatious Scruple , and pungent Objection , is so far from glossing them , as thereby to leave any room for a Diocesan Bishop , that he plainly informs us , that these Scriptures only suffice to dissolve all our Scruples and period the Dispute . 'T is evident then that OEcumenius , commenting on Philip. 1. 1. or wherever he seems to say nothing against a superiority of Diocesans , spoke only out of compliance with the Custom of his time , or some such weakness . Neither is the matter less clear of Theodoret , who , altho' he ascribes an Episcopal Dispensation over the Philippians to Epaphroditus , yet even then he looks on him as no ordinary or fixed Officer , which is really yeelded by Petavius q and is plain from Theodoret himself r The Apostle ( saith he ) calls a Presbyter a Bishop , as we shewed when we expon'd the Epistle to the Philippians . Which may be also learn'd from this Place . For after the Precepts proper to Bishops , he describes the things that agree to Deacons , omitting the Presbyters . But , as I said , of old they call'd the same Men both Bishops and Presbyters , but these who are now call'd Bishops they then call'd Apostles : But afterward the name of Apostle was left to the real Apostles : And the name Bishop giv'n to these that were of old call'd Apostles . Thus Epaphroditus was the Apostle of the Philippians — Thus was Titus the Apostle of the Cretians , Timothy of the Asians , Thus the Apostles and Presbyters at Hierusalem write to the Antiochians . And on 1 Cor. 12. 28. — first Apostles — The Apostle saith not God hath sent onlie Twelve Apostles but also the Seventy . And these who also received the like Grace . For Paul himself after his Calling was of the same Order , and Barnabas and many others . And again he calls Epaphroditus the Apostle of the Philippians . Where 't is clear as the Sun , that Theodoret , by these his Bishops or Apostles , understands only the real Apostles themselves together with Timothy and Titus and other such Evangelists and extraordinary Officers , who never had any fixed Station . And this was well perceiv'd by the Jesuite Medina , who therefore really yeelds Theodoret with Hierome , Aërius , Augustine &c. to the Presbyterians , and warmly recented by Petavius , who , besides many other places , spends at once near a s whole Chapter to prove Theodoret a self repugnant blunderer . Hence it 's clear that they cann't rent Theodoret from us , untill ( Tullus-like ) they first rent him from himself . Wherever therefore these Ancients so spoke as that they seemed not to oppose the Divine Right of Episcopacy ; 't is clear they did so out of carelesness , or unwarrantable Compliance , but mostly , as may be gather'd from the handling Aërius mett with , out of fear least they had derived on their Heads the hate of much of the then degenerating Church , and secularizing Clergy . Section VIII . Moe clear Testimonies of the primitive Doctors against the Divine Right of Diocesan Episcopacy , and for the Identity of Bishop and Presbyter produc'd and vindicated . THE Bishop ( saith Ambrose a or rather Hilary , the ancientest Commentator save some Fragments of Origen , now extant ) because he opens the hidden sense of the Scriptures , is said to . Prophecy , chiefly because he dispenses the words of future hope . Behold the very Idea the Ancients still retain'd of a Bishop , and yet it 's nothing but the real Notion of every true Pastor or Dispenser of the Word and Sacraments . Which Order may now be that of the Presbyters . For in the Bishop are all Orders ; for he is the first Priest that is the Prince of Priests , and Prophet , and Evangelist . And whatsoever else is for fullfilling the Office of the Church and Service of the Faithfull . And , The Apostle calls Timothy a Presbyter whom he had instituted a Bishop , for the first Presbyters were called Bishops ; so that one Dying the next succeeded . And lastly , in Aegypt the Presbyters ordain in the Bishop's absence ; where we see what he means by the Prince of Priests , and that with him a Bishop was nothing but the first either in Age or in respect of Ordination amongst the Colledge of Presbyters without any other Preheminence or Power over the rest but what these respects gave them . Which , I 'm sure , exceeds not the Dignity of a Moderator of a Synod or Presbyter . But because the following Presbyters were not found worthy of the first place this way was changed by a Council that none by his being first in order , but by his desert might be made a Bishop , and that by the Votes of many Priests , least an unworthy Man should rashly usurp the Office to the offence of many . There were born Priests under the Law of the Race of Aaron the Levite , but now all are Priests according to the Apostle Peter ; and therefore Priests may be chosen out of the People . And on 1 to Timothy 3. But after the Bishop he straight way subjoins the Ordination of a Deacon , and why ? But because of Bishop and Presbyter there 's but one Ordination for both of them are Priests , but the Bishop is first , so that every Bishop is a Presbyter not every Presbyter a Bishop , for he 's the Bishop who is first among the Presbyters . Finally the Apostle shews that Timothy was ordain'd a Presbyter , but because he had no other Presbyter before him he was a Bishop . And from thence he shews how Timothy can Ordain a Bishop for 't was not lawfull for the Inferiour to Ordain a Superiour . § . 2. Hence appears the perverseness of Bellarmine b affirming that Hilary says only there was no need of a new Election , but denies not ( saith he ) the necessity of a Consecration or Episcopal Ordination . A flat Contradiction of Hilary's express saying that there 's but one Ordination of both Bishop and Presbyter , and that even Timothy was of no higher Order than that of a Presbyter , whose whole primacy consisted in his meer being the first Presbyter in respect of age or time of his Ordination as Hilary hath taught us : And so , as he doth also all-along thro' the fore-cited Passages , explains fully his calling the Bishop Prince of Priests , which the Cardinal also objects , and shews that thereby we 're to understand only such a Dignity as either meer priority of Ordination or Seniority yeelds . Thus Hierome also understands this Title , who c calls Peter Prince of the Apostles , and yet asserts d that any Priority Peter had was given to his Age only , which in that very place he makes as good as nothing . Informing us that the Church was equally founded on all the Apostles , and that the rest no less than Peter received the Keys . Take but another place of Hilary , By Angels ( saith he e the Apostle means the Bishops as we learn in the Revelation of John , who being Men are challeng'd for not reproving the people , or commended for their Vertues — And because Sin entred by the Woman she ought to have this token that in the Church , for the reverence to the Bishop , her head ought not to be free but cover'd with a vail ; and she has not power to speak because the Bishop represents Christ's person ; she ought therefore because of the Original of Transgression appear subject before the Bishop as before the Judge because he is the Lord's Vice-gerent . Here we see that , according to Hilary , there was a Bishop over every Congregation , and in every place of publick Worship frequented by Men and Women , and that the Apocalyptick Angels were only such Congregational Pastors . From which we may well gather that when any in these early times had the name Bishop more peculiarly giv'n them , yet the Primacy could be but only of Order , and nominal which is fitly illustrated by the Athenian Archons . Petavius therefore f to shield his Cause from so deadly blows , does his outmost to discredite these Commentaries , and make their Author some obscure fellow : and to prove they belong not to Hilary the Luciferian , he brings two passages thereof that shew their Author to have been of the Roman Communion which Hilary deserted . But might he not have been of that Communion when he wrote the commentaries , and yet deserted it afterward ? This the Jesuit attempts not to disprove . But whosoever this Author was , or by whatsoever name known , neither are we hurt nor the Hierarchicks helped thereby ; his Authority is unquestionably great , being cited by the Councils of Paris and Ayx g no mean Conventicles under the name of Ambrose : afterward the learn'd , as Bellarmine h and the Divines of Lovain i gave these Commentaries to Hilarie a Roman Deacon and stout Opposer of the Arrians ; the Foundation of which Opinion is strong : For Augustine oftner than once attributes these Commentaries to Hilarie . And it 's likely that Petavius knew that the Authority of this Writer was not to be shaken with all his Cavills , but only at that time he had found nothing else to say , wherefore he afterwards k excogitats more Quibbles to darken and deprave this Author ; and chiefly strives to make Hilary speak nothing for the Right of Seniority , and against the Election of a Successor to any deceasing Bishop . He says therefore that when Hilary tells us , that one dying , the next or following succeeded , we must not understand it in respect of Years or Ordination , but any of 'em indefinitly taken , who was notwithstanding afterward to be elected by the Clergy , but all the Presbyters in time becoming unworthie of the Episcopal Honour the Method was altered , and another not out of the Colledge of Presbyters , but out of some other Order according to their desert was admitted unto that Office. To support which Gloss , he brings Hierome's saying that the Presbyters of Alexandria named one elected from among themselves , Bishop , as if Hierome were not speaking of Alexandria alone , and to instance therein , that Prelacy came not soon to any growth ; or as if Hierome and Hilary could not agree in its being of humane Original , and yet differ in the circumstances of its rise . The rest of his prolix Discourse on this Theme is only a train of meer Cavills and Clouds too thin and airy to feed a very Chamaeleon , all which are quite dissolv'd and disappear if we but look into one small parcell of Hilary's words , where he tells us that after the Method was altered then the Bishop whose desert raised him was constitute by the Judgement or Votes of many Priests or Presbyters : For this Clause being of design inserted by Hilarie to shew the Opposition between the latter and the former Method of coming to the Primacy , proclaims that as after the Change , Suffrages and Election were used , so before this Change , there had been no such Custome . With this the Jesuite darrs not ingage nor with Hilary's making the Ordination of both Bishop and Presbyter , the same , his making Timothy only a Presbyter , his placing all the Essence or Constitutive of a Bishop in being the first Presbyter of the Colledge , his giving a Bishop to every Congregation , &c. These I say , he never adventures once in the least to handle ; wherefore surely he was conscious to himself that he spent both Pains and Brains for the sole production of a bulkish nothing . § 3. To Hilary I add Chrysostome ( which Theoplylact his real Epitomator transcribes ) After ( saith he l the Apostle had discoursed concerning the Bishops , and described them , declaring what they ought to have , and from what they ought to abstain ; omitting the order of Presbyters he descends to the Deacons ; and why so ? But because between Bishop and Presbyter in a manner there is no difference , seeing that also to the Presbyters the Care or Government the Church is committed , and whatsoever he said of Bishops agrees also to the Presbyters , in Ordination alone they are Superiour , and they seem to have this onlie more than the others . Where he clearly overthrows all their Distinction between Bishop and Presbyter ; notwithstanding that to some he may seem to give the Power of Ordination to Bishops above Presbyters . For First , The words are most capable of another Translation . Thus only in the Matter of Ordination they have got up or set themselves above them . Secondlie , Of the Power of Ordination , it 's being proper to Bishops , he speaks most doubtfully 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 they seem &c. ( saith he ) . Thirdly , Had he believ'd that the Power of Ordination by Divine Right belong'd to Bishops above Presbyters , he had never said that there 's notwithstanding in a manner nothing between them : surely Epiphanius thought the Power of Ordination made a most large and notable Difference . Once again I shall with our Adversaries suppose that Chrysostome allows that Power of Ordination by Divine Appointment was appropriated to Bishops they cann't with reason deny , but that , in all other things to a hair , he asserts the Equality , yea the Identity of Presbyters with Bishops . Now will they stand to Chrysostome herein ? Surely they will not ; for thus they should be oblig'd to let go all the Prerogatives and Priviledges Bishops both claim and exerce over their Pastors , all their Power Paramount of Governing the Church and her Pastors , all their exorbitant Wealth , Grandeur , Pomp , and Splendor , and , in a word , whatsoever renders to them the Hierarchie amiable or desireable , and so should be really reduc'd to the condition of an ordinary Parish-pastor . And were things so , little , I 'm sure , would they care or stickel for upholding of any Distinction between these Officers : hence let them blush any more to pretend to Chrysostome's Patrociny : seeing all they can , with the least colour plead for , being giv'n , not granted , he really subverts their Cause , and levells their Diocesan Prelat with a parochial Pastor . § . 4. Bellarmine m Answers that Chrysostome and others , while they say that onlie in Ordination a Bishop is above a Presbyter , speak onlie of such things which no way agree to Presbyters for Iurisdiction and Confirmation may be performed by Presbyters by vertue of Commission from the Bishop . But thus he really makes Chrysostome contradict himself : Chrysostome said they differ'd nothing save in Ordination ; Bellarmine compells him to say that they have another Difference no less conspicuous than is between the King and his Commissioner , who can do many regall Acts , being warranted by him thereto . Does such a Power lodg'd in the Bishop , which agrees to none of the Presbyters , make no Distinction between him and them ? Or rather , does it not make up the far greater and more conspicuous part of the prelatical Eminency above the rest of the Clergy ? Add hereto Chrysostome's Books of the Priest-hood , wherein , altho' he expresly professes he was to treat of the Office of a Bishop , yet in these Books there 's nothing but what concerns a congregational Pastor , nothing but what concerns publick prayer , dispensing of the Word and Sacraments , and such Duties that terminat on the People alone , but not a word of the Duties of the Bishop or Prelat over inferiour congregational Pastors as their Object which is a sure Demonstration that , with Chrysostome , Bishop , Priest , and Pastor were Synonymous Terms . § . 5. To these add Pelagius a grand Heretick indeed , but never branded as such for ought he said of Church-Government , who n restricts all Church-Officers to Priest and Deacon . And o asserts that Priest without any Discrimination or Restriction are the Successors of the Apostles . And p Here ( saith he ) by Bishops we understand Presbyters for there could not have been more Bishops in one Citie : but we have this Matter also in the Acts of the Apostles Where it 's clear that Pelagius , altho' , in conformity to the introduc'd Custome of distinguishing Bishops from preaching Presbyters , he endeavour'd accordingly to expone this place with as little dammage thereto as is possible , deduceth nothwithstanding the Ground of the Difference between Bishop and Presbyter from the Churches latter Custome of having but one Bishop in one City , and not from any Scripture-Warrant , and indeed when he brings to clear his Comment the 20. of the Acts 17. and 28. he plainly intimats that even when he and others of that Age seem most clearly to hold forth a Difference betwixt Bishop and preaching Presbyter , they then believ'd no such thing to flow from Divine Institution . And q There is a Question ( saith he ) why the Apostle made no mention of Presbyters but comprehended them under the Name of Bishops , because , ( answers he ) this is the second , yea , in a manner , the very same Degree with that of Bishops , as the Apostle writes in the Epistle to the Philippians ; To the Bishops and Deacons : when yet one City cann't have more Bishops than one : and , in the Acts of the Apostles , Paul being to go to Hierusalem and having gathered the Elders of the Church , saith , among other things , take heed to the Flock over which the Holy Ghost hath made you Bishops . Hence it 's most evident that he believed both Offices to be , by Scripture-Warrant , one and the same , and not a meer Communication of Names only . But the thing most observable here , is , that to prove the Identity of Bishop and Presbyter , he brings Philip. 1. and hereby shews us , that some of the Ancients , from whose accustom'd Phrases he departed not while he exponed it , when they seem to inferr from that place , only a Community of Names , did really believe no such thing , but were perswaded that Philip. 1. 1. quite overthrows all Distinction betwixt Bishop and preaching Presbyter . And Sedulius r asserts and proves the Identity of Bishops and Presbyters , and concludes from the Example of the Ephesian Elders or Bishops , that there were many Bishops in one City , contrary to the Practice of his Age ; and that , among the Ancients , Bishop and Presbyter was one and the same . And Primasius s proposeth the Question , why the Apostle comes to the Deacons without any mention of the Presbyters ? And Answers in the very words of Pelagius . Thus it 's clear , even these whom the Hierarchicks take for the prime Pillars of Prelacy being Judges , that there 's no Divine Warrant for Diocesan Episcopacy , and that a Bishop and Presbyter in Scripture in Apostolick times are one and the same . For ( saith t Augustine , ( with whom I begin , tho' Younger than Hierome , being longer to insist on the other ) tho' according to these Names of Honour which the Custome of the Church hath now brought in fashion the Office of a Bishop be greater than that of a Presbyter , yet in many things Augustine is below Hierome ; where we see that the whole Difference was in Expression rather than reality , and that even that was only by Custome not by Divine Appointment . These words ( hath now brought in fashion ( answers Bellarmine u are not opposed to the ancient time of the Church , but to the time before the Christian Church , so that the sense is , before the times of the Christian Church these Names Bishop and Presbyter were not Titles of Honour but of Office and Age , but now they are Names of Honour and Dignity . D. M. follows his Master Bellarmine in this wretch'd Detortion , x and adds that this was but a mannerly Complement to Augustine . A piece of immodesty proper to D. M. not arriv'd at by the Jesuite ; Augustine then was only some frenchisi'd Spark that intended not to speak as he thought : but I reply with Junius y that this their Answer is clean contrary to Augustine ' s mind and intention ; for he was not so mad as to compare things so hetrogeneous as were the Rites and Customes of the Gentiles , and these of the Church : if it be said that he spoke of the Church of the Jews , where , pray , is there any mention of Bishops in all the Old Testament , and History of the Jewish Church . I add that if this had been Augustine's meaning , he had too much drepress'd , and in too unworthy Terms express'd Christ's Institution to busk a Complement for Hierome . But Augustine , saith D. M. reasons from the Succession of Bishops . This Romish Cavill is a 1000 times baffl'd , and by none more sufficiently than by Dr. Stillingfleet z who shews that from such Reasonings of the Fathers , and their mentioning of Successions of Bishops , it can never be proved that Bishops were of a higher Order , or had any other Power over Presbyters , nor that in all places there was so much as any Difference at all between them , nor that they mean'd ought save a Succession of Doctrine , and that no less is said of Presbyters . Lastly , Bishop Jewel a advanceth this very passage of Augustine , and thereby proves the Identity of Bishop and Priest or Presbyter . And he thus Englishes Augustine's words , The Office of a Bishop is above the Office of a Priest , not by Authority of the Scriptures , but after the Names of Honour , which the Custome of the Church hath now obtain'd . § . 7. Let us ( saith Hierome attend diligently to the words of the Apostle saying that thou should'st Ordain Elders in every City as I appointed thee , and what kind of Presbyter ought to be ordain'd , he declares in the following Discourse ; If any ( saith he ) be blameless , the Husband of one Wife &c. and after , he Inferrs , For a Bishop must be blameless as the Steward of God ; Therefore both Bishop and Presbyter is one and the same . And before that by Sathan's instigation there were Divisions about Religion , and it was said in the Churches , I am of Paul , I of Apollo , and I of Cephas , the Church was govern'd by a common Council of Presbyters : But after that whomsoever any had baptized were by them counted their own , not Christs , it was Decreed thro' the whole World that one , Chosen out of the Presbyters , should be set over the rest to whom all care of the Church should belong , and the Seeds of Division be removed . But you may think that this is our Mind and not the Mind of the Scriptures that a Bishop and a Presbyter is one and the same thing , and that the one is a Name of Age , and the other of Office. Let them read over the words of the Apostle to the Philippians , where , as Hierome professedly asserts the Presbyterian Thesis , so he clearly proves it by the Presbyterian Arguments . And I would fain learn wherein , as touching the Scriptural Identity of Bishop and Presbyter , he differ'd from Aërius . They differ'd as much ( answers Bellarmine c as Heaven and Hell. For Hierome still held that a Bishop was greater than a Presbyter as to the point of Ordination , and that doubtless by Divine Right . Bellarmine is herein follow'd only by some of the more impudent of his Brethren as Bayly the Jesuite and Petavius ; and last of all appears their perpetual shadow D. M. d with whom Hierome is a grand Asserter of the Episcopal Hierarchy , and Aërius a grand Heretick . But Junius e answers to both the Jesuites and their Genuine Issue , that Hierome , when he said , what doth the Bishop except Ordination which a Presbyter does not ? understood it only of his oun time . But Bellarmine ( saith Junius ) confounds the time ( as doth D. M. ) that he more easily may deceive the Simple . We have heard already that many of the greatest Lights of the Church of England , yea , and of the Romanists , have exploded this shamefull and Jesuitical Attempt of making Hierome for the Divine Right of Prelacy , or for any Difference between Bishop and Presbyter . To which add Dr. Stillingfleet . For ( saith he f as to the Matter it self , I believe upon the strickest Enquiry , Medina ' s Judgement will prove true that Hierome , Austine , Ambrose , Sedulius , Primasius , Chrysostome , Theodoret , Theophylact , were all of Aërius ' s Judgement as to the Identity of both Name and Order of Bishops and Presbyters in the primitive Church &c. Of what Church then shall we count D. M. and his Brethren who only scrape together these most dishonest and a thousand times baffl'd depravations and perversions of the Jesuites , and being plum'd with the feathers of so unlucky Birds , can appear without any more shame and blushing than as if they were the innocent penns of a Dove ? But Hierome ( subjoins Bellarmine , who is transcrib'd by D. M. ) acknowledges that the Difference between Bishop and Presbyter , as also the Princely Prerogatives of Bishops , was introduc'd by the very Apostles , when 't was said , I am of Paul &c. But it 's answer'd by Junius g that the former of these can never be prov'd from Hierome , and the latter Hierome denies , while he saith , when these whom any baptiz'd were counted their own &c. Where [ saith Junius ] Hierome shews that 't was not when this Evil was at Corinth only , but when 't was spread thro' the whole Churches : And the latter of these [ continues Junius ] Paul denies while he reproves this Evil in the Corinthians , and yet neither in the first nor in the second Epistle makes ever the least mention of setting up a Bishop over them . They who use this Argument ( saith Dr. Stillingfleet h among many other Answers far better than ever such a Cavill deserv'd ) are greater Strangers to St. Hierome ' s Language then they would seem to be , whose Custome it is , upon incidental Occasions to accommodat the Phrase and Language of Scripture to them as when he speaks of Chrysostome ' s Fall , cecidit Babylon , cecidit , of the Bishops of Palestine , multi utroque claudicant pede — All which Instances ( saith the Doctor ) are produc'd by Blondel , but have the good fortune to be pass'd over without being taken nottice of . And now judge whether there was more Ignorance or Impudence in D. M's following Query i Whether the Opinion of St. Hierome be not disingenuously represented by the Presbyterians , since he never acknowledg'd nor affirm'd any intervall after the Death of the Apostles , in which Ecclesiastical Affairs were govern'd communi Presbyterorum consilio ? Bellarmine objects also ( as doth his Epe D. M. ) that Hierome says James was made Bishop of Jerusalem , presently after the Death of our Saviour . But both are repell'd by Iunius k who shews that the common reading of that place of Hierome ' s Catalogue is corrupted . And Answers that James was only left while the Apostles went thro' the World for the Commodity of that Church , and was never absolutely ordain'd a Bishop by the Apostles , for James himself was an Apostle . Of the same Mind is Salmasius , that James resided not at Jerusalem as one of their Hierarchick Bishops , but as an Apostle l And yet D. M. m is not asham'd to tell his Reader , as the Concession of Salmasius , that we have a Diocesan Bishop establish'd in the person of St. James the Just , in the City of Jerusalem . Now that Hierome understood James's Episcopacy in the sense giv'n by Junius and Salmasius against the Jesuites , is most apparent especially if we consider how the Ancients us'd to speak of the Apostles and Apostolick extraordinary Church-Officers in the Stile of their own times , and how positive Hierome was for the Identity of Bishop and Presbyter during the Apostolick age and first primitive Church . Add hereto that Hierome ( as he shews in his Preamble to Dexter ) was altogether uncertain of much of what he wrote in his Catalogue of Writers , which is yet more clear from his account of Paul , for the writes that he was a Native of Gischalis , and during the Wars between the Jews and Romans sted with his Parents to Tarsus when Gischalis was taken . Which , I 'm sure , Hierome , a Man so well acquaint with the Affairs of the Jews , who had no Wars with the Romans for many years after the time wherein the Fabler , whom Hierome transcribes , suppos'd these Wars to have been commens'd , and Gischalis taken , could never believe ; but only , because he could light on no better , transcrib'd things as he found ' em . Which removes , tho' no more could be said , D. M's Objection from Hierome's mentioning of Ignatius his Epistles , whereon D. M. with no small Ostentation insists . He follows also Bellarmine objecting that Hierome makes Bishops the Apostles Successors . But Junius Replies that Hierome denies not this to be also the priviledge of Presbyters . It 's also objected by Dr. Pearson n that Hierome , in his Epistle to Heliodorus , speaks of the Deacons as the third Order . And seeing this , of all the passages of Hierome produc'd by the Papists to involve him in self-repugnancy , is most plausible , take it at full length . If a Man ( saith Hierome o desires the Office of a Bishop , he desires a good Work : These things we know ; but add what follows , A Bishop then must be blameless &c. and having express'd the rest of the things which there follow concerning a Bishop , the Apostle uses no less diligence in setting forth the Duties of the third Degree , saying , Likewise let the Deacons be grave &c. But passing that he was scarce more than a Child when he wrote that Epistle , and wrote clearly for the Identity of Bishop and Presbyter in his riper years , it 's certain he pretends no Divine Warrant for this Tripartition . Yea from the very words they would now detort , it 's most evident that tho' Hierome , following the Custome of his Age , mentions a third Degree , he notwithstanding takes both Paul's Bishop and Presbyter for one and the same thing . Moreover in this same Epistle Hierome makes all who had the Power of Dispensing the Sacraments , Successor , to the Apostles p . which the Jesuites and their Supporters appropriat to Bishops : hence they are baffl'd with the very places of Hierome they endeavour to abuse . § . 7. But I return to Hierome , Philippi , continues he , is a single Town of Macedonia , and truly in one City there could not be ( called are they as ) moe Bishops . But because at that time they called the same Men both Bishops and Presbyters , therefore he spoke indifferently concerning both Bishops and Presbyters . From these words ( saith Petavius q It can be evidently demonstrated that Hierome believed that Bishops and Presbyters were not one and the same Order , yea even in the Age of the Apostles : For had he so believ'd he had never said that there could not be a plurality of Bishops in one City , when surely there was a plurality of Presbyters . As if Jerome's whole discourse , scope , and conclusion , were not directly opposite to what the Jesuite impudently fathers on him , who in the words Petavius abuses , only meets with some Wranglers as he elsewere terms them , who , to elude the proof Jerome brought for the Identity of Bishop and Presbyter , from Philippians 1. & 1. absurdly contended that in the City of Philippi alone there were a multitude of Bishops distinguish , d from , and superior to other Pastors . But yet this may seem doubtfull ( continous Jerome ) to some except it be confirmed by another Testimony . It is written in the Acts of the Apostles that when the Apostle was come to Miletum he sent to Ephesus and called for the Elders of that Church , to whom , amongst other things , he said , take heed to your selves and to the Flock over which the Holy Ghost hath made you Bishops to feed the Church of Christ. — And observe this diligently how the Apostle calling the Elders of Ephesus , which was but one City afterwards names them Bishops , if any receive the Epistle which under Paul's Name is written to the Hebrews , there also the care of the Church is equally divided amongst a plurality . For he writes to the People , Obey your Governours and be subject to them , for they watch — And Peter , who received his Name from the strength of his Faith , saith in his Epistle , The Elders which are among you I exhort who am also an Elder — We have enlarged on these things that we might shew that among the Ancients Bishops were all one with Presbyters . Hierome then never , as Petavius and his Followers impudently pretend , thought that there had hapned no alteration , or that Bishops bore greater bulk in his time than they had done in the Age of the Apostles ) but by little and little to the end the seeds of Schism might be remov'd , the whole care was devolv'd upon one ; wherefore as the Presbyters know that by the Custome of the Church they are subject to their prefect , so let Bishops know that rather by Custome than by the Truth of Christ's Institution they are greater than Presbyters , and ought to Rule the Church in common with them , imitating Moses who , when he alone had Power to Rule the Israelites , chused other Seventy with whom he might judge the People . Here ( say they ) is a proof of Superiority of Bishops by Divine Right , but they should remember that Hierome here undertook to prove the quite contrary . And it 's most injust to fish and search for self-contradictions in any Author when with ease he may be understood otherways as the Matter is here . Hierome is arguing a majori ad minus , from Moses his Practice who , tho' he had sole Authority by Divine Right , yet shar'd it with others , to that which ought to have been done by the Bishops of his time whom only Church Custome not Christ's Appointment had raised over other Pastors . And indeed they might on equal grounds inferr from John 13. 14. If I then your Lord and Master have washed your Feet , ye onght also to Wash one anothers Feet , that every Apostle yea and every Believer is Lord and Master of the rest . § . 8. And writing to Euagrius I hear ( saith Hierome ) there is one so mad as to preferr the Deacons to the Presbyters that is to the Bishops . For seeing the Apostle clearly teaches that Bishops and Presbyters are one and the same , how can a Server of Tables and Widows , proudly preferr himself to these at whose Prayers the Sacrament of Christ's Body and Blood is consecrated : you will require a Proof , hear a Testimony , Paul and Timothy to all the Saints in Philippi with the Bishops and Deacons ; would you have another Example in the Acts of of the Apostles , Paul thus speaks to the Presbyters of one Church , Take heed to your Selves and the whole Flock over which the Holy Ghost hath made you Bishops to Rule the Church , &c. And that none may contentiously plead that in one City there were many Bishops , here also another Testimony wherein it 's most evidently proved that both Presbyter and Bishop were one and the same , and then produces the 1 to Titus , and 1 to Timothy 4. 8. 14. neglect not — with the laying on of the Hands of the Presbytry . And 1 Peter 4 and 1. 2 John 1. 3 John 1. And all these to prove that he had undertaken viz that both Bishop and Presbyter were one and the same . Now it 's most observable that that he inferrs this Conclusion not only from Scriptures written long after the first Epistle to the Corinthians , where it 's said , I am of Paul &c. but even from the last Epistle of John the longest Liver of all the Apostles . And therefore no less notticeable is D. M's extream stubborness and aversion from Truth , who would force Hierome to introduce Bishops presently after that Schism mention'd 1 Cor. 1. And accordingly , as his bad Cause oblig'd him to do with this and the rest of Hierome's Testimonies , wholly smuther'd it . And indeed all hitherto who have adventur'd to graple therewith have been conquer'd thereby , yea even Bellarmine himself is compell'd to give up the Cause . Hierome indeavours , ( saith the Jesuite r ) to conclude the equality of Bishops and Presbyters from the Epistle to Titus , to the Philippians , and from the Epistles of Peter and John which were written after the first Epistle to the Corinthians . Neither can the Jesuite find another way to be even with Hierome , but by arraigning him as fraughted with self-repugnancy , levity , and instability in this Matter ; and all the Arguments he brings to prove Hierome a Favourer of Episcopacy are only so many fruitless Attempts to make that appear . But let us go on with Hierome . But ( saith he ) the reason why after this ( viz. the writing of both the Epistles of John ) one was chosen and set over the rest , was that there might be a remedy of Schism , least every one , drawing the Church of Christ to himself , should divide it . For in Alexandria from Mark the Evangelist even to Heraclas and Dionysius the Presbyters still gave to one elected from amongst themselves , and placed in a higher seat , the Name of Bishop , as if an Army should creat a General , or the Deacons should chuse one of themselves whom they know to be industrious and name him Arch-Deacon . On these words D. M. triumphs , The Custome was ( saith he ) even from the days of St. Mark the Evangelist that a Presbyter was chosen who Governed the whole Society : this in the Opinion of St. Hierome cuts off that imaginary Interval , wherein the Chruch is said to have been Governed by a Parity of Presbyters . Where he forgeth a Gloss no way contain'd in the words of Hierome , whose Example of an Army and Deacons are only adduc'd to shew the manner of that Presbyter or nominat'd Bishop's entrance , and not at all the measure of his Power over his Collegues . And that no Power over the rest can be collected from this place is beyond Scruple clear from Hierome's present Scope , who introduces this Ancient Alexandrian Practice to clear and prove the Identity of Bishop and Presbyter , which , according to him , remain'd in the Church for a while after the Writings of John , the longest Liver of all the Apostles . Had D. M. perused Dr. Stillingfleet s he had taught him that both Election and Ordination of this Alexandrian Bishop was only performed by his Fellow Presbyters , & that the Original of Hierome ' s exsors potestas , any Power he mentions in Bishops over Presbyters , is by Hierome attributed not to any Episcopal Institution but to the free choice of the Presbyters themselves : for what doth a Bishop ( continues Hierome ) except Ordination , which a Presbyter may not do . Here the Jesuites and their Follower D. M. dream they find a fine Distinction made by Hierome between Bishop and Presbyter : but first they must make an unseasonable Antiptosis , and compell Hierome to speak contrary to the express words of this place which are in the present Tense , contrary to the scope and design of this Epistle , which is professedly to shew the great Dignity of Presbyters , yea even their Identity with Bishops , and thereby to reach a sharper reproof to the petulant Deacon . And contrary , finally , to Hierome's most clear and most frequently repeated Doctrine of the Scriptural Identity of both Offices . Were it not madness then to dream , with the Jesuits , that , in these words , Hierome makes any Distinction between the Scripture - Bishop and Presbyter , who is here only asserting that in all places ( Rome excepted , where the Presbyters were more depressed and the Deacons more raised than in other Churches ) even then in his time , a Presbyter was allow'd by the Canons and Constitutions of the Churches to do ought that a Bishop might do , save Ordination alone . This his Design of holding forth the most great dignity of Presbyters , yea even their equality with Bishops , which Bellarmine acknowledges that he may the better compesce the Insolency of the Deacons , Hierome all along this Epistle prosecutes : and having again cited the Epistles to Timothy and Titus to prove that a Presbyter is contain'd in , i. e. is one and the same with a Bishop , otherwayes a Deacon is also in a Bishop ; and so Hierome had crossed his own Design by the very Argument wherewith he minded to compass it , and , having added some other Topicks to the same purpose , thus concludes his Epistle . And that we may know that the Apostolick Traditions are brought from the Old Testament , that which Aaron and his Sons , and the Levites were in the Temple , the Bishops , Presbyters , and Deacons claim in the Church , Nunc animis opus Aenaeae , nunc pectore firmo . All the Jesuites and their Complices will presently be about our Ears , But Solamen nobis Soeios habuisse malorum . Their Attaques are no less on Hierome than us , wherefore this is one of the chief places brought by Bellarmine t to involve Hierome in a maze of self-contradiction , and make him propugn Prelacy , who is followed by others of the Hierarchicks but chiefly the Jesuites : And lastly in the rear comes D. M. concluding that the Hierarchy of the Christian Church is founded upon Apostolick Tradition , and that the Apostles had the Modell of the Temple in their view when they erected this Plat-form . But Junius u Answers that their Conclusion is a non sequitur . For ( saith he ) this comparison is not particular between each of these particular Officers under the Old Testament , and these under the New , but in common shewing , that as they are all obliged to serve the Church of the Jews , so all the Church-Officers under the New Testament ought to serve the Christian Church . Moreover , ( continues Junius ) tho' we should give that the Comparison were particular , yet their Conclusion would not follow , seeing Hierome speaks only of the Church Polity of his own time , and the Question now is about Hierome's Sentiments of the Church Government and Polity in the Apostolick Age and first primitive Church . And that this in Hierome's Mind was not Hierarchick but a meer Parity of Pastors , Junius already evinced : and Dr. Stillingfleet x at more length overthrows this their Jesuitical Doctrine , and Demonstrats that by Apostolical Tradition in Hierome only Ecclesiastick Custome of some Antiquity is mean'd , & asserts that it 's not imaginable that Jerome who had been proving all along the Superiority of a Presbyter above a Deacon , because of his Identity with a Bishop in the Apostles times should at the same time say that a Bishop was above a Presbyter by the Apostles Institution , and so directly overthrow all he had been saying before . The plain meaning ( continues Dr. Stillingfleet ) then of Jerome is no more but this , that as Aaron and his Sons in the Order of Priesthood were above the Levites under the Law : So the Bishops and Presbyters in the Order of the Evangelical Priesthood are above the Deacons under the Gospel . For the Comparison runs not between Aaron and his Sons under the Law , and Bishops and Presbyters under the Gospel ; but between Aaron and his Sons , as one part of the Comparison under the Law , and the Levites under them as the other ; so under the Gospel , Bishops and Presbyters make one part of the Comparison , answering to Aaron and his Sons in that wherein they all agree ; viz. the Order of Priesthood ; and the other part under the Gospel is that of Deacons , answering to the Levites under the Law. The Opposition is not then in the Power of Jurisdiction between Bishops and Priests , but between the same Power of Order , which is alike both in Bishops and Presbyters ( according to the acknowledgement of all ) to the Office of Deacons which stood in Competition with them — Hereby we see how unhappyly those Arguments succeed , which are brought from the Analogy between the Aaronical Priesthood , to endeavour the setting up of a Jus Divinum of a paralell Superiority under the Gospel . All which Arguments are taken off by this one thing we 're now upon , viz , that the Orders and Degrees under the Gospel , were not taken up from Analogy to the Temple . — Other passages of Jerome they also study to abuse , but these now handl'd are the most specious . But of such Allegat●ons out of Jerome , hear the same Dr. y And among all these fifteen Testimonies produced by a learned Writer out of Jerome for the Superiority of Bishops above Presbyters , I cannot find one that doth found it upon any Divine Right , but only upon the conveniency of such an Order for the Peace and Unity of the Church of God : But granting some passages may have a more favourable aspect towards the Superiority of Bishops over Presbyters in his other Writings , I would fain know whether a Man's Judgement must be taken from occasional and accidental Passages , or from designed and set Discourses ; which is as much as to ask , whether the lively Representation of a man by picture , may be best taken , when in hast of other business he passeth by us , giving only a glance of his countenance , or when he purposely and designedly sits in order to that end that his countenance may be truly represented ? He adds that Jerome , in his Commentaries , where he expresly declares not his own mind , transcribes often out of others without setting down their names &c. § . 9. Most dishonest therefore is the conduct of the Loyolites , and of others of the Prelatists their Associats in this Matter , but above all men that of D. M. who , beside all this his foul dealling , following Bayly the Iesuite , has scarce adventur'd to lay before his Reader in ●nglish so much as one scrape or particle of what the Reform'd bring from Jerome against the Romanists and such Hierarchick Advocats ; which in D. M. is the most certain product of both extream Disingenuity & Diffidence But so great is the power of prejudice that they stick not to sacrifice both their Credit , and whatsoever else they should reckon most estimable , to such Dreams , as even most of the Church of England , yea and of the Romanists either acted by the love of the Truth or compell'd by its Power , had condemn'd . We have heard how Bishop Jewel , Dr. Morton , the Bishop of Spalato , and Dr. Stillingfleet , renounce and explode so palpable an untruth . And Dr. Forbes z is of the same Mind , yeelding that Hierome is all one with Aërius in this , that Bishops by Divine Right are not at all Superior to Presbyters . And that these two are intirely of one and the same Mind , we have heard also granted by the most learn'd of the Romanists as Alphonsus de Castro , and Medina , some whereof acknowledge , that none could be of another Opinion concerning them . And Benedictus Justinianus and other Romanists are of the same Mind . How then , were all these Doctors sitting in Council to determine of this very Matter , should they chastise and brand these most partial and disingenuous Dealers , we have now to do with ? Other Hierarchicks who would not confess so much in plain Terms , yet sometimes discover both their disingenuity and true Sentiments so palpably as if they had expresly made the same Confession . Dr. Pearson , tho' he says nothing in his own Name , yet a acknowledges that Hierome hath said so much for the Authority of Presbytry , and endeavoured so much to establish it , that he is judged to make it well nigh equal to the Episcopal Order . And Bellarmine tells us that Hierome was self repugnant , and knew not what he said . And Petavius , tho' the most pertinacious wrangler of all the Society , grants b that Hierome makes Presbyters well nigh all one with Bishops but not the very same ( saith the Jesuite ) or intirely their Equalls being Inferior in so much as they want the Power of Ordination . And c that according to Hierome's Mind meer Custome and not the Lord 's Appointment gave to the Bishops above Presbyters any Power they have either in Ruling the Church , or external Government . And were things brought to this pass , I 'm sure they should make but small account of the sory remainder Petavius makes Hierome leave them , as being altogether useless for support of the Pomp and Splendor of their Hierarchy . To these add the Jesuite Cel●otius who after a thousand Meanders and serpentine windings to elude and deprave these clear Testimonies of Hierome , at length , seeing all would not do , rejects them all as the Forgeries of unlucky Aërian hands never written by Hierome . For which Cellotius is chastised even by Petavius and others of the Loyolites themselves . Into such Discord , Confusion and Torment do Men usually throw themselves , so soon as they obstinatly resolve to wage War with so clear and irradiant Verities . And here it 's observable that in all times , and in all Churches , the Authority of Hierome has been exceeding great , and above most of the primitive Writers which came not to pass without a special Divine Providence that he , and in him the whole primitive Church whose Judgement in these Matters he most clearly delivers , might remain as an unsuspected and an uncontroverted witness against some of latter Ages pretendedly Catholick but really Sectarian Novelists . Among the great Services he did to the Church , two Pieces are more especially notticeable viz. his most clear asserting and acurat distinguishing the Canonical Books from the Apocryphal above all who handled or wrote of that great and most necessary Article : and , which is the Matter in hand , his Antiprelatick Doctrine of the Identity of Bishop and Presbyter : these not only Hieronymian , but also truly Catholick Doctrines are with equall fierceness impugn'd by the Romanists : and I appeal to the impartial Reader if their Exceptions against this latter be a whit more solide than these which are advanced against the former , viz. Hierome's Judgement of the Canonical Scriptures which are to be found collected and learn'dly refuted by Dr. Cosin e . And indeed these Sophisters , endeavouring to subvert these Catholick Doctrines of Hierome , dash only on an Adamantine Rock : for as never any Articles were better founded , so , notwithstanding of whatsoever practical Aberrations therefrom were fall'n into , none were more universally imbrac'd , receiv'd and handed down : for to speak of the Matter of our present concern , this Hieronymian Doctrine all following Church Writers ratifie and approve ; the bulk of subsequent Commentators , Writers of Offices and of other Treatises , as f Salvianus , Isidorus Hispalensis g Amalarius h , Rabanus Maurus i , yea , and intire Councils as that 2 of Sevil k which ascribes the whole Difference and S●periority only to Church-Canons and late Constitutions : and after them Gratian l and Lombard m , who affirm that in the primitive Church there was only Presbyters and Deacons and his Expositors , among whom is Aestius n who very fairly quites the Scriptures , and tells us that this Superiority is not very clear from Scripture , which is nothing but a Confession of the Truth of Hierome's Doctrine forced from this great Prelatist and School-man . Yet adds Aestius , this may be sufficiently proved another way . To which words Dr. Stillingfleet occurrs . Ingenuously said ( saith he o ) however ; but all the difficulty is , how a Jus Divinum should be prov'd , when Men leave the Scriptures . But in the recounting and transcribing of such Confessions or Testimonies , I will not inlarge . And now having rescued the principal Scriptures , our Antagonists detort in favours of their Distinction between Bishop and Presbyters , and vindicated some places commonly adduc'd for the Identity thereof , as also evinced that the most celebrated of the Ancients did no otherways understand these Scriptures , nor derive the Original of Prelacy from Divine Institution , I may with confidence conclude that Ignatius had none before him of the Judgement that he ( if we believe the Hierarchicks ) so passionately favour'd . Section IX . The Testimonies of Ignatius's contemporaries disproving what our Adversaries would force him to speak , and confirming what we have prov'd to be his mind , viz. that he cashiers a Diocesan Prelacy . HAving viewed the Apostolick Writings and dived into their most ancient Commentators and primitive Doctors , and having found that in the time of the Apostles the immediat Ancestors of Ignatius there was in the Church no such thing as a Diocesan Prelate . Let us next look unto what remains of his Contemporaries or these who lived near Ignatius's time , and we shall have ground to deduce the same Inference . And first it's observable that these Writers , such as Clemens Romanus in his Epistle to the Corinthians ( for the rest that bear his Name are undoubtedly spurious ) Polycarp to the Philippians , Hermas or Pastor , Justine Martyr , tho' they , as occasion offers , frequently mention Pastors , Doctors , Bishops , Presbyters , indifferently taking all of 'em for on and the same Office , yet of a Diocesan Prelat , or one set over other Pastors , or over these that had Power of Dispensing the Word and Sacraments , in all their Writings have not a syllable . Which Argument against a Diocesan Prelat , tho' negative , is not to be slighted if we consider these Authors their closs Vicinity to the Apostles the occasion they had to have mention'd him had he been then existent , their more than a Pythagorick silence concerning him . Yea the same kind of negative Argumentation Eusebius uses , while he disproves and explodes some Writings forg'd in the Name of John , Andrew , and other Apostles a because ( saith he ) no ancient Ecclesiastick Writers mention these Books . We shall find moreover that they positively disclaim Diocesan Prelacy . I begin with Clemens Romanus , who , writing to the Corinthians , commends their former carriage in these words , Ye walked in the commands of God , and being obedient to these that had the rule over you , and giving your Elders due honour , ye were wont to admonish the younger with Moderation , to seek after things that are honest b . And again c Wherefore the Apostles , preaching the Word thro' the severall regions , and proving by the Spirit the first fruits thereof , ordain'd Bishops and Deacons for these who should believe : neither was this a new Ordinance , for many ages before , it was written concerning Bishops ; for so in a certain place saith the Scripture , I will appoint their Bishops in Righteousness and their Deacons in Faith. And d Our Apostles by Jesus Christ our Lord knew that there would arise Contention concerning the Name of a Bishop , and therefore , being endew'd with a perfect Fore-knowledge , they ordain'd the fore-said Officers , and left unto us describ'd the particular services of both Ministers and Offices , to the end that approv'd Men might succeed in the place of the defunct , and execute their Office. These therefore who are ordain'd by them or by other famous men with the Consent of the whole Church , who blamelesly serv'd the Sheepfold of Christ with humility and quietness , & without baseness , and who for a long time had a good Testimony from all : These , I say , cann't be justly thrust out of their Office : for we commit no light sin if we cast out these from the Bishops Office who holyly and blamelesly perform'd it . Blessed are these Presbyters or Pastors who have perfited their journey and are dead , and who have obtain'd a profitable departure : for they are not afrai'd least any thrust them out of their places into others : For we see that you have cast some from their Charge which they perform'd with honour . e It 's base Beloved , yea very base and unworthy of a Conversation that is in Christ Jesus , to hear that the most stable and ancient Church of Corinth , for the sake of one or two should raise sedition against the Presbyters . And f If I be the Cause of Contention , schism and sedition , I 'le depart and be gone whithersoever ye will , and do what the People shall command , providing only that the sheepfold of Christ , with the Presbyters appointed over it , may have peace . And g And you therefore , who were the Authors of this Division subject your selves to your Presbyters . Hence Observe First , that he never names , or so much as insinuats that in Corinth there was any Bishop Superintendent over the rest of the Pastors . But as the Apostle to the Hebrews had done before him , honours equally all their Pastors with the Title of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 these that bear Rule over them . Secondly , That , in imitation of the same Apostle Paul , he names only Bishops and Deacons as the only Orders of Divine Institution , by whom the whole Gospel-Service was to be perform'd . Therefore afterward when he names Presbyters in distinction from the Flock and as Rulers over it , he cann't be understood ( as Petavius and Pearson would force him ) to speak of Presbyters with Relation and Respect only of their Age , but to give them this Demonstration as a peculiar Designation of a Church-Office ; and so the word Presbyter most of necessity with Clement coincide in its meaning with the word Bishop , and both of 'em become Synonymous Terms to hold forth but one and the same thing . Thirdly , That the Apostles did not , as we find afterward Decreed by the Synod of Sardica , and admonish'd by Pope Leo , chuse out only the greater Cities , and neglect and forbear to place Bishops in lesser Villages , that the name of Bishop hereby might not fall into Contempt , but indifferently and without distinction of places every where settled them according as there was a probability they might serve the great end of their calling therein . Fourthly , That to found the Distinction and number of these Orders , if we believe Clement , the Apostles had no eye unto the Jewish Church-Polity , so as to make it a Pattern for that of the Christian , but only to what was prophecied and foretold by the Prophets concerning a new frame of the New Testament Church , and thus Clement really contradicts all the Patrons of the Hierarchy , who would still found their triple Orders on that of the High-Priest , Priests and Levites of the Temple . Fifthly , That in Corinth it was attempted to throw out a plurality of real Bishops and cast them from their Charge , and that the Sedition was not moved against one only but divers Bishops in that Church . Many other things might be observed ; but these serve sufficiently to prove that there was a plurality of true Bishops of Corinth , who were in nothing distinguished from Pastors of particular Flocks , or preaching Presbyters . § . 2. Petavius h notwithstanding cann't abide any such Inference from the words of Clement . Wherefore he scrapes together several things whereby to ward off the force of these Passages : and alledges that Clemens his silence of the Bishop of Corinth makes nothing for us . For Pope Siricius ( saith he ) in his Epistle to the Church of Millain maketh no mention of their Bishop , altho' in that mean time Ambrose occupied the Chair . But the vast Difference between the Cases and the Circumstances of the Churches of Corinth and Millain quite nullifies the Jesuites Instance . The People of Millain jointly both Clergy and Laity had thrust out Jovinian , few or none of them ( for ought we hear ) being prosylited to his Doctrine : wherefore Siricius had nothing to do but shew them in General that he had excommunicated Jovinian with two or three others who had fled to Rome for Sanctuary . So there was no special Ground or Cause why particular mention should be made of Ambrose the Bishop , or any other , whether of the Clergy or Laity , the whole Body thereof , for ought now known , being without any Schism earnest enough for the expulsion of Jovinian , and only expecting what the Bishop of Rome which they acknowledged as the first See , and whether Jovinian had fled , would do in this Matter . Whereas , one the other hand , Clemens writes to a Church cut in pieces with a Schism in their own Bowels , infected with Sedition of no small part of the People against their Pastors , broken with ( as appears plain ) a division of the very Pastors themselves ; and this grown to such a hight , that some of the Pastors were thrust from their places , and driv'n out : now in this Case the Bishop had either the best of it ; and so the seditious part merited a severe , and special reprimand on the account of their Opposition to , and Separation from their Bishop , and thus he should certainly have been mentioned : or else he was the Cause of the Division ; or , at least , joined with the injurious , and therefore should have been particularly reproved or admonished . Clement , it 's true , names none : but the influence which the good or evil Carriage the Bishop had , and could not but have in such a Matter , had certainly obliged Clement either to mention his name of give some signification of him , if there had been any Diocesan Bishop existent in Corinth . Clemens speaks of several Pastors of Flocks , which I think none will deny , intimats the diversity of their Carriage in that Business , and gives Directions accordingly . How can it be apprehended that he should pass over the chief Pastor , and go to the rest without so much as the least Direction unto him , the least mention of him , yea or the least insinuation that there was , in Corinth , any such thing . Petavius's next Attempt is on these words of Clement , i where he tells that the Apostles instituted Bishops and Deacons . And the Jesuite contends , that two distinct Orders are not here mean'd , but that the word Deacon is only explicative of the former word Bishop , and cites several places where the word Deacon is taken in a signification of Honour , and applied to the Apostles and Civil Magistrates : And afterward terms Salmasius ridiculous , for saying that Clemens nam'd only Bishops and Deacons without mention of Presbyters . For ( saith the Jesuite ) Presbyters are more frequently mention'd by Clement than either Bishops or Deacons . But certainly these Orders are again and again mention'd by Clement without adding any thereto ordetracting therefrom ; when he appears to reckon up all the Church-Officers that are of Divine Institution . And altho' the word Deacon be sometimes taken for the Designation of a higher Office. Yet , as Petavius himself k else where observes , It is with the addition of such a word or phrase as guides our Judgement , and gives us to learn that by it is not understood this lower Order of Church-Officers as Rom. 13. the Magistrate is called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Minister of God. But there is no such explicative word or particle in Clement to alter the common Signification thereof , on which account we 're not lightly to resile therefrom . But that which utterly overthrows the Jesuite's Cause , is Clement's closs Conformity to the Apostle in his account of Church-Orders , who 1 Tim. 1. 3. beyond all Scruple of any Party , takes these words in the sense we plead for to Clement , and makes not at all the word Deacon exegetick and explicative of the word Bishop : but by it designs a distinct Order of Church-Officers from what is signifi'd by the other . For doubtless Clement Paul's Fellow-Labourer took the words in the same signification and meaning , wherein the Apostle had understood them . And accordingly Clement , for Confirmation hereof , adduces the words of Isaiah 60. 17. which place , as he then certainly found it in the Septuagint , contains the words Bishops & Deacons exactly as Paul expresseth & distinguisheth Church-Officers : and on this Ground Clement goes when he intimats that the Apostles in their Institution of Church-Officers had an eye to these words of the Prophet . In vain therefore labours Petavius to disprove the Copy of Isaiah used by Clement , and brings the Hebrew , Hierome and others taking the word in a different signification : for thus he hath not Salmasius or any other modern Defender of Presbytry but Clement himself , whom he pretends to vindicate , for his Adversary : seeing we Dispute not concerning the Greek Copy Clement used , but of the thing he inferr'd from these words of Isaiah according to the Copy he then cited . Neither is it more to the Jesuite's advantage that the word Presbyter is several times found in Clement . For seeing , as is plain , yea and the Jesuite himself not only grants but proves , that it frequently there denotes , not a degree of Age but a Church-Officer , it must of necessity be a Term altogether Synonymous with the word Bishop . For they themselves plead not for the Equipolency thereof with the word Deacon , wherein Petavius himself shall afford us no small assistance , who having , but to no purpose ( seeing never Man denied it ) shewed that with Clement the word Presbyter is sometimes taken appellatively , to denote old Age but no Church-Officer , subjoins these remarkable words ; At other times Clement so uses the word Presbyter as thereby to signifie a certain Function and publick Office in the Ministry , and a certain Dignity in the Church , which he calls an Episcopacy or the Office of a Bishop . From this plain Testimony of a Man in learning , and love to Prelacy , second to none that ever undertook its Defence , it 's clear , as the Light it self , that with Clement the word Bishop and the word Presbyter when he takes it for a Church-Function , are Terms altogether Synonymous . For if 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Episcopacy or the Office of a Bishop be competent to Clement's Presbyter , and things as they ought , receive Denominations from Forms wherewith they 're cloathed , then this Presbyter in the Judgement of Clement is really a Bishop , and indeed this is superlatively clear to any , who , but with an open and unprepossess'd Mind reads the places of Clement we have already produced . Howbeit the Testimony of such an Adversary gives no small additional Confirmation to the Truth thereof . Yea the same Adversary in the same place acknowledges , that even then the Title of Bishop was also common , and in after times only appropriated to one . And again , It 's clear ( saith Petavius ) from this place , that there was a Council or Ecclesiastick Senate ordain'd by the Apostles at Corinth ; whose Dignity and Office Clemens calls Episcopacy , and the chiefest of the Clergy he names Presbyters , as also from this which Clement afterward writes . It 's base Beloved , yea most base &c. And he names the same Presbyters Pastors and Church-Governours of the Christian Sheepsold . And now judge how the Jesuite after these Concessions could yet say , that it follows not from hence that in Corinth or at other Cities there was no peculiar Bishop . § . 3. And here again we find D. M. l at his old filching Trade transcribing Petavius his Perversions of Clement , or bringing what is no more serviceable to either Cause or Credit : as that Clement comprehends all the Jewish Clergy under the name of Priests and Levites : Therefore ( Inferrs D. M. ) It follows not from Clement his naming only Bishops and Deacons , that Bishops and Presbyters are not in Clement distinct Offices . But D. M. should remember that Clement not only Dichotomizes but Trichotomizes the Jewish Clergy into three Parts . But does he any where so divide the Christian Clergy ? He not only names the two Kinds of Offices , but so names them as to identifie and take for one and the same Bishop and Presbyter : which Petavius and D. M. and their Brethren by all means labour to make him distinguish . But St. Clement ( saith D. M. ) exhorting the Corinthians to order sets before them the subordination under the Temple-Service , how the High-Priest , Priests , and Levites were distinguish'd by their proper Service , and immediatly recommends to them , that every one of them should continue in his proper Order . Now ( continues D. M. ) when we consider the primitive Method of reasoning from Jewish precedents , St. Clement had never talked at this rate , if the Jurisdiction of one over many Priests had been abolished under the New Testament . But , why does he mutter , for it if he can bring ought for his purpose he must also Inferr from this passage of Clement m that as there was a High-Priest over all the Jewish Church , so there must be another High-Priest over all Christians . And that all Christians must bring Oblations and Sacrifices to the Temple at Hierusalem : for from these Topick does Clement exhort the Corinthians to Harmony . Whether then D. M. be a Romanist or a Jew may be a Question ; for unquestionably his way of reasoning symbolizes with both of them . The Truth is , nothing can be inferr'd from this place of Clement , but that as under the Old Testament every one , whether Church-man or Laick , was to abide in his own Order without raising Schism or Confusion , so it ought to be under the New Testament . St. Clement himself ( continues D. M. ) distinguishes the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 from the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 An express untruth , and I challenge D. M. and his Complices to prove it . Nor can it be ( adds D. M. ) an Objection of any weight , that the first who were their Spiritual Governours are mention'd in the plural number , since this was an Encyclical Epistle addressed to Corinth as the principal City , and from thence transmitted to its dependencies &c. By which words , if he speaks sense , he intimats that there were in the Apostolick age Metropolitan Cities in an Ecclesiastick sense , whose Bishops according to the Civil Dignity of these Cities were Metropolitan , and had their numbers of inferiour and dependent Bishops . A most nauseous and hatefull Hypothesis of some giddy Papaturiants which , as we have heard , even the more candide of the Episcopalls , disclaim and explode . I shall shut up all concerning Clement with the Suffrages of two illustrious Names , neither whereof , I 'm sure , did ever favour Presbytry : I mean Grotius and Stillingfleet . Had Episcopacy ( saith the Doctor n ) been instituted on the occasion of the Schism at Corinth , certainly of all places , we should the soonest have heard of a Bishop at Corinth for the remedying of it ; and yet almost of all places , these Heralds that derive the Succession of Bishops from the Apostles times , are the most plunged whom to six on at Corinth . And they that can find any one single Bishop at Corinth at the time when Clemens writ his Epistle to them ( about another Schism as great as the former , which certainly had not been according to their Opinion , if a Bishop had been there before ) must have better Eyes and Judgement , than the deservedly admired Grotius , who brings this in his Epistle to Bignonius as an Argument of the undoubted Antiquity of that Epistle , quod nusquam meminit exsortis &c. that Clement no where mentions , that singular Authority of Bishops which by Church custome after the Death of Mark at Alexandria , and by its Example in other places began to be introduced , but Clemens clearly shews as did the Apostle Paul , that then by the common Council of the Presbyters who both by Paul , and Clement are called Bishops , the Churches were governed . § . 4. I proceed next to the Vindication of Polycarp . Subject your selves ( saith he o ) to the Presbyters and Deacons as to God and Christ , and , as Virgins , walk with a pure Conscience , let the Presbyters be simple or innocent , mercifull in all things , turning all Men from their Errors , visiting all who are weak , not neglecting Widows , Orphans , and those that are Poor , but alwayes providing such things as are good in the sight of God and Men. Here we learn that the highest Office then in the Church of Philippi was that of a Presbyter , and that there was a Plurality to whom the Philippians were to be subjected without the least mention of a particular Bishop governing those Presbyters . And , which deserves no overly Consideration , we here see that as , when Clement gives an account of Church Orders , he named two only , so we have the same number expressed by Polycarp , but they altered their Denomination of the former Order , and they whom Clement calls sometimes Bishops , sometimes Presbyters , Polycarp calls still Presbyters . It 's most observable also , how both Paul and Polycarp subject the Church of one single City Philippi to a Plurality or Multitude of Pastors , whom Paul calls Bishops , and Polycarp Presbyters . From all which the Identity of Bishop and Presbyter most inevitably results . § . 5. And indeed this Passage of Polycarp so much gravells the Hierarchicks , that Dr. Pearson is driven to his last Leggs , and compelled to present us with a shift unworthy of its Author . Who can prove ( saith he p ) that the Bishop of Philippi was then alive , who can shew us , that the Philippians asked not Counsel at Polycarp , for this cause , that they then enjoyed not a Bishop , for thus Polycarp bespeaks them . These things Brethren , I write not of my self to you concerning righteousness , but you have moved me thereunto . Thus Pearson , and indeed it 's enough here to return the Question inverted , who is able to prove , if there had been a Bishop in Philippi , that he was not alive ? For seeing he affirms it , he or his Advocats are obliged to instruct what they say . That which he pretends to from these words of the Epistle wherein Polycarp saith he was moved thereto by the Philippians themselves , affords him not the least support ; there not being therein one syllable concerning the vacancy of the Bishops Seat or the Church Government during this Defect ; or how to fill the Chair . Of all or any of these nec vol● nec vestigium , but only ( as is evident from Polycarp ) they seem to have desir'd of him some Direction concerning the blameless walk of any Christian. And indeed , the Bishop within a very few lines fairly yeelds the Cause , really acknowledging that he had said nothing to the purpose . But seeing ( saith he ) these things are uncertain , we have no certainty from the Discourse of Polycarp . Well then , it must follow , for ought he knew , that Polycarp knew no Diocesan Bishop in Philippi , that he had never heard of his Death , seeing nothing hereof can be gathered from him . And that he had never heard of his Life or Being , we may well conclude from this , that he devolves the whole Church-Affairs upon a Plurality of Presbyters . But once again ; Is it at all credible , but that if Polycarp had written to the Philippians after the death of their Bishop and during the vacancy of the Chair , he had comforted them after this so considerable a Loss , and giv'n them Directions for chusing of a worthy Successor , especially if [ as Pearson would have ] they had ask'd his counsell concerning this very Matter ? Had ever a Pastor like Polycarp neglected so seasonable an Office ? His profound silence therefore of the Death of any such Bishop in Philippi sufficiently demonstrats that this Dr. Pearson's Invention was only the product of a desperate Cause , and that there was left here no doore of Escape . And here let me observe that Philippi is no less fatal to the Episcopals , than its neighbouring plains were to the Pompeians : for they are stung and confounded with the very first words of Paul to that Church , and , as we have heard , amongst their other wild shifts , they answer that the Bishop was often absent . But there was a good number of years between the writing of Paul and that of Polycarp to the Philippians , and yet we see the Bishop is never come home ; Why taryeth the wheel of his Lordship's Chariot ? Hath he not sped at Court ? And having supplanted some of the Nobility , made a prey of the Office of Chancellour or Treasourer , that after so long absence there is no news of his return ? Nor are we ever like to hear any more of him , for now [ say they ] he 's dead : I had perhaps believ'd them , were 't not impossible for one to die who was never alive . But enough of this ; for such Answers would really tempt one to think that their Authors studi'd nothing more than to ridicule their oun Cause and afford Game to their Reader . § . 6. And here I cann't but nottice the ill-grounded vapouring of D. M. who q from the inscription of the Epistle ( Polycarp and the Presbyters that are with him ) concludes that he was vested with Episcopal jurisdiction and eminency amongst these Presbyters . And so much he pretends to bring out of Blondel as as his forc'd Confession , which is so far from being true , that it 's brought in by Blondel as an Objection and silly Conjecture of the Episcopals , which he r diverse ways overthrows . And indeed never was there a more wretch'd deduction fram'd , seeing , as Blondel at large shews , the phrase natively yealds only this sense viz. Polycarp and the rest of the Presbyters of that Colleage . And thus D. M. may as well inferr Peter's Superiority and Power over the rest of the Apostles from Acts 2. 37. To Peter and to the rest of the Apostles . Moreover Blondel demonstrats how , on diverse accounts , Polycarp without any Eminency and Power over the rest may be particularly nominated rather than others ; as , because he was first in Order and Years . But I insist not herein , but referr to Blondel who hath nervously baffl'd this their pitifull Coujecture . D. M. adventures to ingage with nothing of what he saith , and yet is not asham'd to bring to the Field so blunted a weapon . I pass also D. M.'s two Arguments for Polycarp's Diocesan Episcopacy , drawn from the pretended Succession of Diocesan Bishops in Smyrna , and the Epistles of Ignatius mention'd by Polycarp , having overthrown both of 'em already , and proceed to the Testimony of Hermas who s thus speaks : Thou shalt write two Books , thou shalt send one to Clement and one to Graptes , and Clement shall send it to foraign Cities ; for to him this is permitted : and Graptes shall admonish the Widows and Orphans , but thou shalt read it with , or relate it unto the Presbyters in this City who govern the Church . Where we see that not any one Bishop , but a Colledge of Presbyters ( call'd , doubtless , afterward by the same Author , Bishops ) govern'd the Church of one City . Yet D. M. pretends to find here a palpable Evidence of Episcopacy ; For ( saith he t ) the sending of the Encyclical Epistle to foraign Cities is insinuated to be the peculiar Priviledge of Clement then Bishop of Rome . But if he conclude from this place of Hermas that Clement had any Power over these to whom he was to send that Book or Epistle ( as for Clement's being Bishop of Rome it 's so far from being insinuated here , that the quite contary is from this very place most evident ) he may as well inferr from Col. 4. 16. that they had Power over the Laodiceans whither they were to send , and cause to be read the Apostle's Letter . Secondly , D. M. ascribing to the Bishop of Rome Power over foraign Cities , erects a Pope rather than a Bishop . But I 'll assure him he came not in so early : for seeing there was undoubtedly one Bishop ( at least ) in every particular City so soon as there were any in the World , this place of Hermas ( if it bear D. M's Inference and give a Power to Clement over foraign Cities ) insinuats nothing of a Bishop's Dignity above Presbyters , but of the power of one Bishop over another or rather of a Pope over other Churches . A falshood most unanimously exploded by Cyprian , Jerome , Augustine , and the rest of the Ancients D. M. seeks also for his Prelacy in these words of Hermas viz. u The Earthly Spirit exalts it self and seeks the first seat . x Some contend for Principality and Dignity . But what if Hermas had said that some contended to get an Empire and Popedome over the whole Church ; would D. M. hence conclude that it was lawfull or then practised in the Church , or when the Apostles contended who should be the greatest ? Had Christ before that time assured them of the lawfulness of such an Office , and told them , that they were to have one to be a Prince over the rest ? By no Logick therefore can it be inferred for Hermas his words that a chief Seat or Principality ( for both are one and the same with Hermas ) was then either exercised or held lawfull . Again , tho' both had been then in Custome , no Power of one over the rest can be hence concluded ; seeing the chief Seats are given to the Moderators of Synods and other Presidents of Assemblies , who have no primacy of Power but only of Order . And again y , The polished and white Stones ( saith Hermas ) are the Apostles , and Bishops , and Doctors , and Deacons , who walked in the Clemency of God , a●d exercised the Office of a Bishop , and taught and served . And , z Such are some Bishops , that is Governours of the Churches , and these who have the Char●e of the Services . § . 7. In both places ( saith Blondel ) he makes only two Degrees that of the Bishops who governed the Churches , and that of the Deacons who had the charge of the Services , for it 's acknowledged by all that the Doctors are all one with the Bishops , when they are said to have performed the Office of a Bishop , and that the Apostles as they are opposed to Bishops , were placed above the whole Clergy . This ( repons D. M. ) is Tergiversation with a Witness , and a fraudulent Trick in Blondel , since Presbyters in the primitive Church are frequently distinguished by the Name of Doctors : and Blondel's Commentary is a manifest violence offered to the Text , for Doctors are not said to have performed the Office of a Bishop but to have taught : and this is very agreeable to their Character , being so much imploy'd by their respective Bishops in teaching the Catechumeni ; and the natural position of these words will allow of no other meaning . Which Answer D. M. hath learned from the Practice of our late Bishops , during whose Epocha the Buffund might have hid himself well nigh the whole year from the Bishop's fury in the Bishop's pulpit , seeing he scarce ever came thither to play the Doctor or ought else . As for the Ancient and true primitive Bishops , they perpetually preach'd or taught ( saith Le Moyn a Moreover the Fathers generally take Pastor , Bishop , and Doctor for one and the same as Chrysostome , Theophylact , Theodoret , Sedulius ; and after them , Aquinas , Haymo , Benedictus Justinianus with others on Ephes. 4. 11. Of the same mind are Hierome , Augustine and Anselm b , and the pretended Clemens Romanus cited by Gratian and Benedictus Justinianus , and the Fathers of the Council of Carthage . Of the same Mind are the ablest of our Episcopals , as Field , Hammond and Heylen c So truly did Blondel say that Bishop and Doctor is universally taken for one and the same . Neither was ever the Presbyter either in Cyprian or any other Ancient , called Doctor in opposition to the Bishop but to other Ecclesiastick Presbyters , who taught not , of whose existence , as was before touched , we have most sufficient assurance . But D. M. in contradiction to the Apostle would have a Bishop who is no Teacher or Preacher , like the Droll who said , he mett with Priests who were no Clerks . And seeing with Hermas there are but two Orders of Church-men , and Bishops , and praesides Ecclesiarum Church Governours are reciprocal Terms taken for one and the same : and seeing that his Presbyters are expresly term'd Church-Governours ; it 's most evident that he takes Bishop and Presbyter for one and the same , and that the word Doctor is purely exegetick or explicative of the word Bishop , and that both of them , which I 'm sure is not unfrequent in all sorts of Authors , evidently signifie one and the same thing . § . 8. I now proceed to Justine Martyr who d thus gives an account of the state of the Churches their particular and weekly Assemblies for receiving the Word and Sacraments . After this , Bread and Wine tempered with Water is brought to the Ruler or Governour of the Brethren , which when he hath received , he gives praise and glory to the Parent of all — The Deacons give to all present Bread and Wine tempered with Water after they are Consecrated by Thanks-giving , and carry them to such as are absent . And on Snnday all who live either in Cities or in the Country come together into one place — And when the Reader has ceas'd , the Governour makes an exhortatory Sermon — The voluntary Contribution is laid up with the Governour who distributes it to the Orphans &c. Where it 's not only observable that Justine following not the pretended Ignatius but the Apostle , Clement , Polycarp , Hermas , mentions only two Orders of Church-men , viz. Governours and Deacons , but also that he gives a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or Bishop to every Congregation , and that Justine's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is all one with the Bishop who was then in being is yealded by the fiercest Hierarchicks , Heylen e who yeelds his whole Plea and says that Justine's President of the Congregation , or Bishop , ordinarily celebrated the Eucharist and Preach'd God's holy Word ; and Maurice f . Well then , 't is all one how this ancient Church-Ruler be named , whither Presbyter , Governour , or Bishop , seeing there was one for every Congregation that mett for receiving the word and Sacraments , the Controversy between us and the Hierarchicks , which is not about Names but Things , is fully ended if they stand to Justine's Decision . § . 9. Dr. Maurice would have Justine to be understood as speaking only of the Diocesan Bishops Church . For ( saith he ) to carry the Bread and Wine to all absents in their severall Duellings , was not convenient nor easy in numerous Congregations , and they knew not well who were absent . But this Perversion is too wretch'd & palpable to wheedle any in in his right wit out of Justine's plain Meaning . Dr. Maurice knew well enough that in these times of such Fervor and Love among Christians , and such Veneration for the Lord's Supper , they doubtless most exactly observ'd the Ordinances , and absented not without speciall and weighty Causes . And seeing the Custome of receiving the Elements at home , when they could not come to Church was then in vigour , and believed to be their Duty ( if these Elements were given to Absents as their proper Communion , or were only the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the last remains of the Custume of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the Love Feasts , I now dispute not ) they took special care to signifie their Absence and Causes thereof , by their Relations or Christian Brethren to their Deacons , and such as were concerned to know it . Neither , if we consider the Church-Discipline of these times , is it to be doubted that the Deacons had an exact List of all to whom they were each Lords Day to give the Sacrament , and consequently by no means could be ignorant who were either absent or present . Wherefore , tho' the Deacons had been fewer than they were , they could easily , tho' the whole Congregation had been never so numerous , carry the Elements to these very few whom sickness or other lawfull and weighty Reasons had confined to their Habitations : all which Dr. Maurice well enough perceived ; and therefore he 's here no less feeble in his Actings than a man breathing his last , and advances only such triffles as may make his Friends ashamed and confirm his Adversaries . Neither do I wonder hereat , seeing he undertook the Defence of a palpable untruth : for not only speaks Justine of the Christian Assemblies in common without the least exception , but clearly tells us that he speaks of the meatings of all the Christians for receiving the Word and Sacraments , not only in Cities , but in the Country a place too base for the Cathedral and Diocesan Bishops Chair , and of all such Congregations , as in the first day of the Week , as the Apostle speaks , made Collections or had Deacons for that end , which belongs to every Congregation where the Word and Sacraments are dispensed . Neither is this ought but what we have discover'd to be the Mind of their Ignatius himself , and seconded with the Suffrages of the greatest Friends to Prelacy . § . 10. Wherefore most vain is D. M's g Labour to prove that it follows not from Justine that there were then only two Orders of Church-men . Seeing Justine giving a Governour or Bishop to every Congregation , quite overturns Diocesan Episcopacy . And more vain yet is this , that as , what he undertakes tho' proved is nothing to his purpose , so the Reasons he brings prove nothing of what he undertakes . For his first Reason , viz. That Justine intended only to give a true account of what was ordinarly performed in the Christian Meetings in opposition to the abominable Stories propagated against them by their Enemies , so that he had no occasion to reckon up the several Gradations of the Hterarchy , is equally favourable to Prelatists and Papists , who may as well use it for a Sanctuary to their Pope as they to their Prelats . And indeed had there then either been a Pope over all or a Prelate with Princely Power as D. M. pleads for over a multitude of Churches , the Christians seeing they were frequently reproached with an intended Rebellion , had found themselves obliged in a special manner to apologize for their Princes and absolute Lords , who would have been looked on as little less than the Emperour's Rivalls and Arch-Promoters and Heads of the supposed Insurrection . Moreover , which we have already noted , and fully shews the nullity of D. M's Reason , not only Justine but all the genuine Writings of them that went before him , mention only , like Justine , these two Orders of Church-men . D. M's second Reason , viz. That the Christians were most shy to publish any thing relating either to the Mysteries of their Religion or the Constitution of the Church , more than was absolutely necessary in their own Defence &c. is another lurking place for Romanists when urg'd to shew the Antiquity of their Innovations : and indeed if it do any thing , it tends to prove that no Party can make any Advantage of ought spoken or written by the Fathers ; and if so , have att the Foundation of Diocesan Prelacy , its prime Advocats acknowledging that no Argument for it can be draun from Scripture , but only from the writings of the Fathers . His third Reason is , that as the Offices , so the names of Bishop and Presbyter were not only known to be distinguished in his days among the Christians ( but he brings no genuine Writer of that Age to prove this , and that it is most false is already evinced ) but even the Heathens knew so much : and cites Adrian's Epistle to Servianus : but it 's highly probable that the Emperour if we allow him any knowledge of these Affairs , understands under the name of Presbyters the very same Officers , the very same Men , that he means by the name Bishops , rather than e contra : see Pray the Letter it self apud Flav. Vopis . in Saturnino . § . 11. 'T were easie to shew divers succeeding Fathers to have been of Justine's Mind and Strangers to Diocesan Episcopacy , ignoring all Discrimination between Bishop and preaching Presbyter or Pastor . I shall only here with one Chamier h against Bellarmine and the rest of the Jesuites , assert against their Successors and Defenders under whatever Name they be known , that according to Irenaeus the Churches were committed to the Presbyters , no less than to the Bishops , that these who are now reckoned Popes , High-Priests , universal Bishops , are only Presbyters in the Judgement of Irenaeus : and that in him Presbyters are not so much as once distinguished , and far less separated from Bishops . From what is said , appears the vanity of D. M's Popish Query . i Whether ( all things duly considered ) a more evident and universal Tradition for the Superiority and Jurisdiction of a Bishop above a Presbyter , can be reasonably demanded ; and whether the Argument from universal Tradition , be not in this Case the most proper and most necessary ? And whether the Tradition for the Superiority of a Bishop above a Presbyter , be not more universal , unanimous and uncontradicted , in the Primitive Ages , than many other Traditions that are unquestionably received ? What these his other Traditions are , we are not ignorant . The Doctrine certainly of the morality of the Sabbath , of Baptism , and of the Holy Trinity , and the like ; these they * think lean only on Tradition , and that the Institution of their Diocesan Prelats , Metrapolitans , and Arch-Prelats , and other such Effects and Inventions of a degenerating and apostatizing Church , are better founded than these most Scriptural Catholick and necessary Doctrines . Section X. Other Observations and Arguments eversive of Diocesan Prelacy . AND now in the next place , I would gladly learn how they will describe , or whereon they can found their Romish , or , which is all one , their Hierarchick Diocesan Bishop . For as Augustine a well observes , it is a name of Labour and Travel , not of Honour and Dignity : and indeed , it imports only Watchfullness , Labour and Care as its most native and proper Signification ; and on this account , only the King gets the name of Bishop in Hesychius b as he gets the name of Pastor in Homer c . And Hesychius gives it no less to every Watchman . Thus the word Bishop denotes a vigilant Watchman in Suidas d where he tells us that some bearing this Name were sent by the Athenians to observe the Affairs of their subject Cities who were called Watchmen . So is the same word understood to denote only Care and Labour by Jullius Pollux e whereas , on the other hand , the word Presbyter when taken for a Function or Office , natively imports Rule and Honour f . A Presbyter ( acknowledges even Saravia g ) is a Name of Honour , and was given to the more honourable , and to the Magistrats among the Jews in the Old Testament , and was thence transferred to signifie the Governours of the Churches of Christ in the New Testament , but they are called Bishops from their watchfull Care which is a Name of Work and Labour . The name Presbyter ( saith Dr. Stillingfleet h ) , as the Hebrew ZAKEN tho' it originally import Age , yet by way of connotation it hath been looked on as a Name both of Dignity and Power among the Jews , in the times of the Apostles , it is most evident that the Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 imported not only Dignity but Power ; the Presbyters among the Jews having Power both of Judging and Teaching given them by their Semicha or Ordination . Now under the Gospel the Apostles retaining the Name , and the manner of Ordination , but not conferring that judiciary Power by it , which was in use among the Jews , to shew the Difference between the Law and the Gospel , it was requisite some other Name should be given to the Governours of the Church , which should qualifie the importance of the word Presbyters to a sense proper to a Gospel state ; which was the Original of giving the Name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to the Governours of the Church under the Gospel ; a Name importing Duty more than Honour , and not a title above Presbyter , but rather used by way of Diminution and Qualification of the Power imply'd in the name of Presbyter &c. The Hierarchicks therefore should act much more rationally if they turn'd the Tables , and gave the name of Presbyter to their Diocesan , and that of the Bishop to their inferiour Curats , who usually do most of the Pastoral Work. In the mean while it 's sure from what we just now learned out of these Authors that during sounder Antiquity , before men equally abused Names and Things , a Bishop could never be either ane Order or Degree or any thing else above ▪ a Prsbyter . But from Names if we pass to things , and look into Scripture and sounder Antiquity , we shall find the ancient Bishop so different from the present Diocesan , that the very Idea's and notions of the two are diametrically opposite one to another . The Apostles themselves Acts 6. 2 , 4. following the Commandment of their Master , found it their Duty so assiduously to labour in Preaching and Prayer that they thought it unreasonable to be diverted even by the Distribution of the Collections , and Care of the Poor , which otherwayes was a Work both lawfull and pious . And to Timothy , who , if we believe the Hierarchicks , was ane Arch-Bishop of a vast Diocess , it 's injoyn'd as his proper Task to Preach the Word , to be instant in season and out of season , to reprove , to rebuke , exhort with all Long-suffering and Doctrine . I need not here multiply Texts ; read and read over again the whole New Testament , and you shall find that the Exercise of Prayer , Dispensing the Word and Sacraments was the main Duty and perpetual Imployment of every Pastor or Minister of Christ. Look , on the other hand , to the bulk of the Hierarchick Lord-Bishops , they haue a quite different Work and Exercice , and if any of 'em happen to spend some time in the Ministerial Duties how are they commonly gaz'd on and depredicated as Men of extraordinary Condescension , superlatively stuping to a piece of Service far below the Episcopal Grandeur and unusual to the Order ? Are they not then quite another thing than the Apostolick and Scripturall Bishops ? This Apostolick Example the Conscientious Primitive Bishops or Pastors clossly follow'd ; not so much as once dreaming that any who was ordain'd a Minister of the Gospell , and intrusted with a Flock , might on whatsoever pretext neglect to exercise himself perpetually in Prayer and Dispensing the Word and Sacraments . This they judg'd his constant Imployment , and this was the Practice of all the sincere Bishops even after the Distinction of Degrees was introduc'd , as appears in the weekly and sometimes the dayly Homilies and Lectures of Chrysostome and Augustine which are yet extant . And it 's already observed how Hilary makes the Bishop a sedulous Dispenser of the Words of suture Life . And indeed all the Hierarchick Grandeur and Domination whereby a Bishop was intirely Metamorphosed into a quite other thing than what he had once been , could never notwithstanding obliterate and blot out of thinking Mens Minds the true Scriptural Notion and Idea thereof . The Episcopal Dignity consists in Teaching ( saith Balsamon i ) . And the fourth Council of Carthage decrees that a Bishop shall not be imployed in caring for his houshold Affairs , but shall wholly occupy himself in Reading and Praying , aud Preaching the Word k . § . 12. 'T were endless to alledge all that may be produc'd to this purpose ; neither could any Man who ever seriously read the Bible have any other Notion of a true Bishop than what is common to every Pastor of a Congregation ; seeing the Apostle's Description of a Bishop 1 Tim. 3. and Tit. 1. agrees equally to all of them . And here it 's observable , that still where Bishops are spoken of in Scripture , not only is the Work and Office which is injoin'd them , that of Teaching and Feeding , but also the Name is correlative to the Flock , and not to a Company of Clergy-men , as Acts 20. 28. Take heed to your selves , and to all the Flock over which the Holy Ghost hath made you Overseers or Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to Feed the Church of God. 1 Pet. 5. 2. Feed the Flock of God which is among you , taking the oversight thereof or Bishoping it 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and accordingly , as we have oftner than once demonstrated , over every particular Congregation there was a Bishop . This Assertion may be strongly confirmed from the undoubted Practice of the Church in the fourth Century , even when she was fall'n into no small Declension from the Primitive Purity . For the Council of Sardica Decrees l that a Bishop may not be placed in a Village or small Town where one Presbyter may suffice . Dr. Maurice m says that this Canon is justified by the Arrians their great multiplication of Bishops to strengthen their Party . But the Council it self assigns a quite different Ground that moved them to make this Decree , viz. that the Name and Authority of a Bishop fall not into Contempt . Where we see the Design of abolishing the Primitive and Apostolick Custome of giving a Bishop indifferently to every Congregation , whether in City or in Countrey , was the Introduction of a secular Pomp and Grandeur into the Church , which finally resolv'd into a Papal Slavery . However , this Sardican Canon had not so good effect , but that , about twenty years after , a new Sanction thereto was found needfull : for the Council of Laodicea n Decrees that it shall not be lawfull to place Bishops in little Villages or Countrey Places , but only Visitors , and that the Bishops who were already placed in these little Villages and Countrey Places , should for the future do nothing without the knowledge of the Bishop of the City . Mark , how a pace the mild and fraternal Church Regimen is turn'd into a Worldly Domination and Dignity to pave the way for a papal Tyranny . These rural Bishops or Countrey-parish Pastors ( for they can be call'd nothing else ) whom Dr. Beverige o acknowledges for real and true Bishops , were also assaulted , and the subjecting and inslaving of them to the Prelates and Clergy in the greater Cities , design'd by other Councils as that of Ancyrum p , and of Neocesaria q , and of Antioch r , there they are called Chorepiscopi i. e. Countrey Bishops . And it has been disputed if these were real & true Bishops . But the same Dr. Beverige not only yeelds , but at large pleads for the Affirmative s . He pretends in the mean while that anciently Bishops were ordained in Cities only , many whereof had according to the model of the Empire , such ample Territories that 't was impossible for the Bishop of the City his alone to visit and sufficiently to guide them , and so it seem'd needfull for such Bishops to have , according to the amplitude of their Bishopricks , one or two Coajutors in some Region without the City , who might disburden them of some parts of the Episcopal Function , which could not be done but by some consecrated Bishops . Hence 't was that some of these great Bishops Ordain'd , in some part of their large Provinces , these Bishops , but with this provision , that these without their leave should do nothing of moment , seeing these Regions also belonged to the Care of the City Bishop , which we learn , ( continues he ) from the tenth Canon of the Council of Antioch , where it 's expresly Decreed , that no Country Bishop Ordain Presbyter or Deacon without the Bishop of the City , to which , he and his Region is subject . But indeed there 's no such thing , to be learn'd from that Canon , it only says t that the Chorepiscopus and his Region was subject to the City ( as they really were in a Civil Sense ) not to the Bishop of the City : and tho they had said so it 's no proof of his Conclusion , seeing they usually pretended Antiquity for the greatest Innovations . How far either in , or nigh to the Time of the Apostles the Church was from giving to the Bishop such a Princely Dignity as he pretends , or from allowing him to do the Work proper to himself by substitute Vassals , none acquainted with what remains of these Ancient times can be ignorant , and is already oftner then once evinc'd . And now I 'm sorry to find a Protestant of sence and Learning lean on that shamefull and most exploded Falshood , viz. that the Apostles took the Government of the Empire for their Pattern of Church-Government ; and darring to publish such gross Falshoods whereof even the more ingenuous Romanists are ashamed . The Ecclesiastical Degrees ( saith Suave u ) were not Originally Instituted as Dignities , Preheminencies , Rewards , or Honours , as now they are , and have been , many hundred years , but with Ministery , and Charges , otherwise called by St. Paul , Works , and those that exercise them , are called by Christ our Lord in the Gospel , Workmen ; and therefore no Man could then enter into cogitation to absent himself from the Execution thereof in his own Person : and if any one ( which seldom happend ) retired from the Work , 't was not thought reasonable , he should have either Title or Profit . And tho' the Ministeries were of two sorts , some Anciently called , as now they are , with care of Souls : others of temporal things , for the sustenance and service of the Poor and Sick , as were the Deaconries , and other inferiour Works , all held themselves equally bound to that Service , in Person ; neither did any think of a substitute , but for a short time , and for great Impediments , much less to take another Charge , which might hinder that . § . 13. Bnd now to go on , these Countrey Bishops or Pastors could not yet by all these Councils be Un-bishoped . And therefore Pope Damasus must next fall on them , and authoratively define x that they were stark nought in the Church , their Institution wicked and contrary to the holy Canons . And thus he acted suitably to his purpose , seeing the enslaving the lesser and Country Churches to the Domination of these of the greater Cities made fair way for subjecting all to Rome , which on many Accounts was greater than any of the rest . He also hereby gratified and much obliged the Bishops of these great Cities who were desirous of nothing , more than of Domination , and accordingly they even at these times were giving him their mutual help for raising of the Papal Throne , yea before the time of Damasus this same Council of Sardica , which thought it too vile and base for a Bishop to Dwell out of a great City , Decreed also y That if any Bishop thought he was injured in any Cause by his Comprovincials and ordinary Judges , it should in this Case be lawfull for him to appeal to the Bishop of Rome . Let us honour ( say they ) the Memory of St. Peter , that either these who examined the Matter or other neighbouring Bishops write to Julius Bishop of Rome , and if he think it fit then let the Matter be tried and judged again , and let him appoint Judges for the Purpose , but if he approve of what 's already done , and think not fit to call it into Question , then the things already done shall be accounted firm and stable . Thus these Fathers , many whereof otherwise were excellent Men , the first , I think , that ever gave such Deference and Authority to the Pope , 't was not therefore incongruous that both of these Decrees should proceed from one and the same Council . Hence it 's to be noted , that the Tympany of these times had not only exerted it self in separating the things God had conjoin'd , and in an holygarchick Confinement of the Power God had given equally to all Pastors , unto a few whom they named Bishops , a Name also equally belonging to all Christ's Ministers ; but also in subjecting of the Presbyters , yea and even the Bishops of the Countrey to the very Presbyters of the City z but much more the Bishops or Pastors of the Countrey to the Bishops of the Cities , and these again to the Bishops of the greater Metropolitan Cities , and so on till at length ( not to name the rest of the higher and lower roundles of this Hierarchick Ladder ) all centred in Rome . Yet in these very times it was notwithstanding firmly rooted in Mens Minds that whosoever dispensed the Word and Sacraments , and had a Flock or Congregation was a true Bishop , as I have made out to be the mind of Hilary , and many others of the fourth and fifth Centuries . Moreover Optatus asserts a that Preaching or Exponing is the proper Province of a Bishop . But , to proceed , these Chorepiscopi , or Countrey Bishops of Parish Pastors were in the third Century called absolutely Bishops at the Countrey Places or Villages ; so speaks the Council of Antioch , He ( say these Fathers ) i. e. Paulus Samosatenus b suborn'd the Bishops of the neighbouring Countrey Villages and Towns , as also Presbyters his Flatterers to praise him in their Homilies . Dr. Maurice c answers that it appears not hence that these were Parish Bishops for Chorepiscopi had many Congregations . As if these who dwelt not only in greater Towns , but also in the very Countrey Villages which were near to Antioch , and near to one another , and that even where the far greater part of the Inhabitants were not of their Flocks , yea were not at all Christians , could be by any in their Wit judged to be any thing else save Parish Bishops or Pastors . But let us hear one of the learn'dest of our Adversaries determining the Controversie . d That ( saith he ) which next occurrs to be considered is , in what places Bishopricks were founded , and Bishops settled . We find in all Cities where the Gospel was planted , and Churches constituted , that Bishops were also Ordain'd . Among the Jews , wherever there were an hundred and twenty of them together , there did they erect a Synagogue , and a lesser Sanhedrin the Court of twenty three Judges . Compare to this Acts 1. 15. where the number of those that constituted the first Christian Church , is the same . So it is like wherever there was a competent number of Christians together , that a Church was there settled . Yet in some Villages there were Churches and Bishops ; so there was a Bishop in Bethany : and St. Paul tells of the Church of Cenchrea , which was the Port of Corinth . It is true , some think that the Church of Corinth mett there . Which Opinion he irrefragably Refutes , and then proceeds , saying , Therefore it 's probable that the Church of Cenchrea was distinct from Corinth : and since they had Phebe for their Deaconness , it 's not to be doubted but they had Both Bishops and Deacons . From the several Cities the Gospel was dilated and propagated to the places round about . But in some Countries we find the Bishopricks very thick sett . They were pretty throng in Asrick , for at a Conference which Augustine and the Bishops of that Province had with the Donatists , there were of Bishops two hundred eighty six present , and one hundred and twenty absent , and sixty Sees were then Vacant , which make in all four hundred sixty and six : there were also two hundred and seventy nine of the Donatists Bishops . Thus he . And now , not to multiply Testimonies in so confessed and plain a Matter , it 's most certain that , at least , for upwards of the three first Centuries , you shall not meet with the meanest Dorp , or countrey place where there was a Church or Congregation to hear the Word , and receive the Sacraments , but it had also its proper Bishop , I averr no Example to the contrary either has yet , no not by Dr. Maurice or any other , been , or can be brought from the gennine Monuments of these times . Yea even from the spurious Writings of Impostures the greatest Adorers of the Hierarchy , good proofs of this Truth may be adduced ; For the thirty eight of the Canons ascribed to the Apostles , gives the care of the Ecclesiastick Goods to the Bishop , as Justine Martyr gives to his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 who , as we have seen already , was purely a Parish Pastor . And the 39 e Canon saith , Let the Presbyters and Deacons attempt nothing without the Bishop , for to him the Lord's People is committed , and for their Souls he must give an Account . Now I demand of all Men brooking either Conscience or Candor if Souls could be committed to any save him , who was their ordinary Feeder and Instructer . And the Pseudo-Dionysius clearly intimats , that wherever either Baptism or the Lord's Supper was administrat'd , a Bishop was there , and was the Dispenser thereof . The High-Priest ( saith he f ) that is the Bishop , preaches to all Men the true Gospel , every one that desires to Partake of these Heavenly Things , coming to one of the learned in these Mysteries , desires to be led to the High-Priest — and he brings him to the High-Priest , who receiving him with gladness as a Sheep on his shoulders — praises the bountifull prinple , by which all are called who are called at all — The High-Priest dips him thrice . The High-Priest g himself having made a holy Prayer at the Divine Altar and beginning to Offer , goes round about the whole Chore — and the High-Priest praising the Holy Divine Actions , sacrifices the most Divine Thing — and taking and delivering the Divine Communion he ends with a Holy Thanksgiving . Do h nothing ( saith the Pseudo-Ignatius to Hero a Deacon of Antioch ) without the Bishops for they are Priests , thou their Deacon : they Baptize , Sacrifice or Dispense the Lord's Supper , impose Hands : thou serves them as St. Stephen in Jerusalem administred to James and the Elders . From which place it 's most evident , that all Pastors or Priests ( as the Author speaks ) are true Bishops , that on the account of such things as are common to all Pastors , they receive the prime Episcopal Honour and Deference , that there was a Colledge of true Bishops in the single City of Antioch , & accordingly that the rest of the Elders with James at Jerusalem were really true Bishops no less than he . I don't say that Bishops and Congregations were reciprocal every-where in the fourth or fifth Century when these Impostors wrote , only being to personat Apostolick Men , they saw themselves obliged to mix into their Legends some shreds of true Antiquity . The stuff they invented themselves was of a far different and contrary Mettal , and far from being so conform and like to the Apostolick and prime Primitive Church . § . 14 And here it 's to be added , that as every Bishop had once , which continued in very many places for a good space , one Congregation only , so all Bishops whatsoever are of the same Dignity , and Equal with one another . For Cyprian i calls all Bishops Collegues , adding , we force none , we give Laws to none , seeing every Governour in the Administration of the Church , hath Power to do according to his own Will , for which he is to give God an Acconnt . And , k for none of us is a Bishop of Bishops , or by a Tyrannical Power can force his Collegues to Obedience &c. And Hierome l saith , wheresoever Bishops be , at Rome or Eugubium , Constantinople , Rhegium , Alexandria or Tanis , they are all of the same Dignity and Priest-hood , Riches and Poverty make not a Bishop either higher or lower , they are all the Successors of the Apostles . Which is also Augustine's Mind , and must be granted by all who acknowledge the Equality of the Apostles , and that Bishops were their Successors . Now the Truth of these two Things , viz. the allowableness of a Bishop to every Congregation , yea the primitive Reciprocalness of a Bishop and a Congregation , and the Equality of Bishops among themselves being supposed , which indeed is undoubtable to all the Ingenuous , their whole Hierarchy turns to nothing . And now I hope that which some pretend to be a mighty Prejudice , viz. that Episcopacy still de facto has been , and from the earliest times of Christianity we hear of Bishops , is many ways removed , and that by this time it has clearly appeared , that either profound Ignorance , Osscitancy , or the masly beam of Interest in Mens Eyes has been the true Source of this Prejudice . Moreover , suppose that it could not be easily told when this Corruption , which is like the Tares sown during the sleeping of the Husband-man , crept into the Church : Can they tell when all other Corruptions made their first Entry ? As for Example , can they give a distinct account when the use of Oyl in Baptism , whereof Tertullian m speaks as of a thing constantly practised among Christians , came first in Fashion ? The like I may say of Exorcization , and many other things altogether uncertain as to their Beginning , and yet by all Lovers of the Truth of Christianity to be Corruptions , whereof see store in Chamier's Panstratia n . Secondly , I trust also that by the foregoing Discourses , the Weapon the Papists and other Hierarchicks use against the Reformed Churches to prove that they have no Ministers , because of the want of a Succession of Bishops , is sufficiently blunted . And this minds me of an Objection I was assaulted with from a Gentleman of that Perswasion , 't was that these Episcopal Men who ordained our Pastors , gave them the Power of Ordination neither in express Terms , nor yet intentionally ; Ergo not at all . I Repon'd , that tho' they did not give it them intentione Operantis , yet notwithstanding intentione Operis : in so much as they ordain'd the Ministers of the Gospel , all whom we sustain to be true Bishops . I add , this is to a hair like Becan o the Jebusites arguing against Luther's Call to be a Protestant-Minister , Luther ( saith he ) had no lawfull Calling to the Ministry he exercised after his Defection , for then he began to oppugn the Catholick Church , abolish Feasts , Monastick Vows , and Prayers for the Dead , these things he could not do by the Power which he had received in the Catholick Church , for the Bishop who ordained him , gave him no Power for the Destruction of the Church . § . 15. But there yet remains a great Prejudice , and no wonder , for it comes from a great City , Rome ( say they ) and other such vast Cities , which certainly contain'd many Congregations , have been always ruled by their particular Bishops as the Catalogues yet extant evinc● But tho' 't were so , seeing it 's at least , no less certain , that in other places Bishops and Congregations were Reciprocal , we are even with them , and their Argument quite evanishes , and Antiquity allows us to give a Bishop to every Congregation , no less than it warrands their giving a multitude of Parishes to any one Bishop . And Dr. Maurice p acknowledges , he never yet heard of any Man who made it essential to a Bishop to have many Congregations under him . And he 's so far in the right herein that , during prime Antiquity , 't was never so much as dream'd , that 't was either essential or any way requisite for a Bishop to have a plurality of Congregations . It 's not ( saith he q ) the being Pastor of one or many Congregations that makes one a Bishop ; but the Order . There are ( saith Saravia r and have been Bishopricks so small that their Bishops had only one or two Presbyters ; for we measure not a Bishoprick by the number of the Clergy or by the amplitude of the City or Diocess , the magnitude of Riches , but by the Authority of the Episcopal Degree , altho' the Bishoprick be included in one small Parish alone . And some of the most Episcopal amongst them acknowledge that any of our Ministers tho' they have but one Parish , want nothing to make them Bishops but only the Episcopal Consecration , whereby they at once yeeld the whole Plea , destroy their Hierarchy , and withall discover their preterscriptural , and therefore antiscriptural Superstition . And now seeing there is all the warrant and allowance that either can be desir'd or thought on that a Bishop and a Pastor of one single Flock or Congregation is one and the same , and that every Congregation may have its own proper Bishop , their Plea for the Distinction between Bishop and preaching Presbyter , tho' its Ground were no less solide than it 's naught and slippery , becomes really of no subserviency at all to their Hierarchick Cause , and so on this account is truly exhausted ( for providing the Pastor of any Parish or Congregation be constantly imployed in Preaching and Edifying the People , we shall not envy him others , so far as is requisite , to assist him , the People may be instructed the better ) Don't therefore Dr. Maurice s and the Men of that stamp , while they pretend that tho' there be allowed to every Congregation its proper Bishop , yet there 's a most different and momentuous Controversie behind , about the Distinction between Bishop and Presbyter , seek , as the Proverb is , a Knot in the Rush , and triffle with a witness ? Give them moreover out of sole kindness , that the t Apostolick Power and Office is permanent and to be transmitted to all Bishops , yet on Supposition of these Truths , viz. that every Congregation had , yea or may have its proper Bishop , and that all Bishops are equal , they shall be compelled to desert the whole of their Plea , and acknowledge the sure Foundation and Lawfullness of what they call Presbyterian Parity . Secondly , Eusebius u plainly says that it cannot be known who were the Successors of the Apostles to feed the Churches they had planted , save what is to be collected from the words of the Apostles , and so break the Chain at the Top , where it should be strongest , and shews that their best twisted Cords become Ropes of Sand , to which , as we already noticed , the learn'dest of their own Writers subscribe . Thirdly , To come to Rome in particular , altho' 't was the Head of the World , and indeed the Head and Fountain from whence all the Hierarchicks draw their best support , no Man of Reason , whoever look'd into the divers , yea and contrary Accounts given by the Ancients of the first pretended Successors of Peter ; can ever inferr that the Romans had , in these early times of Christianity , one peculiar Diocesan Bishop over the rest of the Pastors : yea indeed Cletus , Clemens , Linus , all whom , if you compare the best Accounts they have , you shall find to have been at one and the same time Bishops of Rome , and Successors of Peter , are a good evidence that he had no singular Successor at all . This was so made out by the Protestant Writers , that for ought I know the Romanists were despairing of any plausible Answer , altho' I doubt not , but they take Heart , since some among the Protestants x have used prodigious Endeavours to gratifie them , and reconcile real Contradictions , and fix the singular Successors of Peter . I can scarce light on any of the Books they cite , and yet I 'm at no great loss . For , 4 ly , It 's certain that Peter was never at Rome , which at once dispatches the grand Plea of all the Hierarchicks . The whole stream of Writers y who record Peter's Voyage thither either relate or suppose that his Errand was to oppose Simon Magus , so that the Truth of both these Relations must stand or fall together . But Simon Magus , ( if we belive Origenes z ) was never there . Simon ( saith he ) the Smaritan and Majician endeavour'd by Sorcery to destroy some , and I belive deceived many with his delusions . But now throw all the World you shall scarce find thirty who follow him , and I perhaps have called them more than they are . Indeed there are some few in Palestine , but in the rest of the Regions of the World his very Name is not heard off , altho' he mainly desired that his Fame might be spread abroad , and if perhaps there be any report of him at all , it 's only to be learned from the Acts of the Apostles . And Time , which often has discovered things commonly taken for Truth to be altoger False , hath verifi'd the words of Origenes : For the Statue which gave the occasion of the fixion is now found to be the Image an old Sabin King or fictitious Deity called by the Romans Semo Sangus , Sancus or Sanctus a which Justine Martyr , throw his unskilfulness of the Latine Tongue , and a Cheat put upon him by some Samaritans , took for Simon Magus as is acknowledged even by the learned Romanist b Valesius . The Inscription of this statue is Semoni Sango Deo Fidio . Now according to the Genius of the Age the fraud prevail'd , and Simon Magus must be brought to Rome , made to effect monstruous Prodigies ; and therefore Simon Peter his old Adversary must also be sent thither to Conjure and Baffle him a second time . And this is the prime Source of Peter's imaginary Journey to Rome , and his fictitious Roman Episcopacy , and the whole Papal Structure . For , as Simon Magus his coming to Rome is mention'd by none before Justine , and by him only on this false Ground , so Peter's Journey thither is before that time mention'd by none , save Papias , if he may be said to mention it , for if at all , he does it very obscurely b . And tho' he had been never so positive in this Matter , it 's of small Consequence , for , as Eusebius already told us , ( tho' elsewhere c he forgets himself ) he was of so little Wit , so fabulous and given to believe everything he heard , that his Testimony merites little or no Credit . Irenaeus indeed says that Papias was a hearer of the Apostles , and himself also intimats so much , but again clearly denyes it while he says d that he used , when he met with any : who had been acquainted with the Elders , to enquire what Andrew , Peter , Philip , Thomas , James , John , Matthew and the rest of Christ's Disciples had been wont to say . And this he intimats had been his Practice only , when he was a young Man , and so gives us clearly to understand that when he wrote , there was not one of the Hearers of the Apostles alive . So far was Papias from being their Disciple . 'T was he also who gives out that Mark wrote not his Gospel by Divine Inspiration , but only by the help of his Memory . 'T was he also who was the Father of the carnal and gross Chiliasts , and the first who abused the Scriptures , turning them all to Allegories , and had not so much as the knowledge to distinguish Philip the Apostle from Philip the Evangelist . The same Papias is the first Author of the report of Peter's Journey to Rome ( providing it may be said that he reportes it at all ) which mistake , as Eusebius intimates e , flow'd from his misunderstanding of 1 Pet. 5. 13. The Church that is at Babylon &c. And seeing that by Babylon in the Apocalyps Room is mean'd , he and many of these times , thro' their want of skill to distinguish between the Prophetick Mystick , and Epistolick plain Phrase and Stile , concluded that in Peter also Room is to be understood . But this Gloss is so forraign and absurd that even the most learn'd of the Romanists , as Petrus de Marca Bishop of Paris f acknowledges that these Words of Peter are not to be understood of Rome , but of the eastern Babylon , where ( saith the Bishop ) Peter was settl'd hereditary Patiark . Some indeed understand them of a City bearing that name in Egypt , and this Spanhemius F. and Dr. Pearson g prefer to the Assyrian Babylon : the former because the old Chaldean Babylon was then desolate , the letter for this that after Anilaeus a chief man among the Jews in these parts had injured the Inhabitans , many of them were cut off and the rest driven from Babylon , who fled to Ctesiphon , the most part whereof notwithstanding in a combination made against them by the Assyrians and Greeks were either cut off or expell'd . Therefore he concludes that tho' Peter was the Apostle of the Circumcision , yet he could expect no harvest of the Jews in these parts . Now , as to the ground Spanhemius goes on , it seems sufficient to prove that it could not be the old Chaldean Babylon : For it 's certain from Scripture , and Plinius witnesses i that 't was then reduced to a solitude . It seems therefore to be mean'd of the Principal City of the Parthian Impire which succeded to Babylon in name no less then in honour as is clear from that in Lucan k , Cumque superba foret Babylon spolianda Trophaeis Ausoniis . — If this their chief City was Ctesiphon or Seleucia , may be a doubt Plinius l calls Ctesiphon the Head of the Parthian Kingdom . But Strabo seems to be more clear in this matter , and to give light to Pliny , Tacitus , Herodianus , Am. Marcellinus , or otherwise to lay open the ground of their mistake . Seleucia ( saith he ) m a City by the bank of Tigris , as Babylon was of old , is now the Metropolis of Assyria , near it there is a great Village Ctesiphon wherein the Parthian Kings used to winter , sparing Seleucia that it might not be spoiled by the warlike Scythians ( by whom I understand their Auxiliary or guard Souldiers who were rude and ready to Mutany , aud therefore were not brought within their Chief and Treasure City ) this Village is now arriv'd at even the power and greatness of a City . Where , as is evident , he so much prefers Seleucia to Ctesiphon that he makes the former the chief City of the Impire . Moreover Crassus when he design'd the conquest of Parthia and the possession of the Kings treasures being asked by the Messengers of Orodes King of Parthia why he broke the peace made with Pompey and Sylla , said he would answer them at Seleucia n proudly insinuating that he would subdue and spoile their chief City . And this City expresly gets the name Babylon by Stephanus o , and he confounds it with the old Babylon . Hence it appears that Seleucia was the chief City of the Parthian Impire , and commonly then got the name of Babylon , and that the very place of old Chaldean Babylon was not then known , for they were certainly in distant places ; therefore , if Josephus seem to mention another Babylon distant from the chief City of the Parthians this is rather to be understood of the Country Babylonia then of the old Chaldean Babylon which then was ruined now tho' the Jews for a time might be compelled to leave that principal City of Parthia they might notwithstanding soon after be permited to return no less then these who were expelled Rome by Claudius , got Liberty shortly to come thither again . This Dr. Pearson allows and therefore cannot deny the probability of the other However this be , nothing is more certain then that by Babylon , which Peter mentions , the literal proper and well known Babylon , which was then the chief City of Parthia Seleucia , must be meaned , otherwayes the dispersion to which he writes had neither known where he was nor what Church saluted them , which is quite contrary to the Apostles Intention there . For at that time the Apocalypse was not written , and yet on this most false Supposition viz. that by Babylon Peter understands Rome , was his Journey thither founded and so must prove no less false in the matter of fact , and with it his Episcopacy and that of the earliest Popes his pretended Successors seeing all lean on his Journey thither . And ' its with no less confidence and concord averred and delivered then is either his , or his pretended Successors their Episcopacy , or ought else Subsequent to this his falsly supposed Voyage . And indeed the evidence of this our Assertion is so strong that it compell'd even the learned Romanists themselves to acknowledge the Truth thereof , as J. Bapt. Mantuanus , Michael Caefenas , Marsilius Patavinus , Joh. Aventinus , Joh. Lelandus , Car. Molinaeus , who are Cited by Spanhemius F. in his Golden Dissertation on that Subject p In the mean while I cannot but wonder how this otherways accurat and learned Antiquary q finds an Aegyptian Babylon in that distick of Martial r . Haec tibi Memphitis Tellus dat munera , victa est Pectine Niliaco jam Babylonis acus . Th' Aegyptian slay gives Tapistry more fine Than ever Babylon could sue or spin . Where the Poet only preferrs the Aegyptain woven Cloath to the finest needle-work of the old Chaldaean Babylon ; But , as it is most apparent , no more here either expesses or insinuats that there is a place named Babylon in Aegypt , then s where he comends a Gown bestow'd on him by Parthenius a gentle-man of Domitius's Chamber in this distick , Non ego praetulerim Babylonica picta superbe Texta , semiramiâ quae variantur acu . It far excells the rich Embroideries Of Babylon built by Semiramis . Moreover Clemens Romanus speaking of the Death of Peter and Paul , intimates that he knew sufficiently where and by whom Paul was kill'd with other such Circumstances of his Death , but insinuats that he had no such knowledge of any such Circumstances of the Death of Peter . And it 's colligible from Jerome t that both Peter and Paul were not kill'd by the Romans but by the Jews , in , or not far from Palaestine . 'T were easie to discover the Forgerie and Falshood of their other Catalogues of Bishops pretended to have been in the like great Cities , as for example that of the Bishops of Jerusalem whereof they fain u that the Apostles made James Bishop , and that on a ground to base and carnal , viz. because he was the Son of Joseph , and so related to Christ whom the Apostle Paul knew not according to the flesh . 2 Cor. 5. 16. and then make him and his pretended successor Simeon to continue Bishops of that See from a little after the death of our Savior to , I know not what year of Trajanus , between which time and Adrian Trajanus's immediat successor his rebulding of Jerusalem , they give to that Church thirteen Bishops , to all of whom little more than twenty years can be assingn'd ; yea some three or four of these are cramm'd into one year x and yet we hear of none of these thirteen who died a violent death , but which yet more fully discovers the Forgery all along from the destruction of the City by Titus , untill 't was rebuilt by Adrian there was no Inhabitant there , no place for my L. Bishop's grace , nothing whereon to exercise the Episcopal power save rubbish and desolation . y In none of the Churches ( saith Dr. Stilling fleet ) most spoken of is the succession so clear as is necessary . For at Jerusalem it seems somewhat strange how fifteen Bishops of the Circumcision should be crouded into so narrow a room as they are , so that many of them could not have above two years time to rule in the Church . And it would bear an inquiry where the seat of the Bishops of Jerusalem was from the time of the destruction of the City by Titus , ( when the walls were laid even with the ground by Musonius ) till the time of Adrian . I shall yet in the last place adduce a few passages , and I intreat my Reader seriously to weigh them and from whom they came , for I am sure they will give great light and satisfaction to all the truly conscientious and disinterested . The sixt Anathematism ( saith a Romanist z ) was much noted in Germany ; in which an Article of Faith was made of HIERARCHY , which word and signification thereof is aliene , not to say contrary to the holy Scrsptures : and tho' 't was somewhat antiently invented , yet the Author is not known , and in case he were , yet he is an Hyperbolicall Writer , not imitated in the use of that Word , nor of others of his Invention , by any of the Ancients : and following the Stile of Christ our Lord , and the Holy Apostles , and primitive Church , it ought to be named , not Hierarchy , but Hierodiaconia , or Hierodoulia . And Dr. Heylen , who a like to Balaam blessing Israel when he would fainest have cursed them , uses to establish a Presbyterian Parity of Pastors while he is most desirous to destroy it , makes the Bishop in Justine Martyr ' s time all one with the President of the Congregation and ordinary Preacher of God's Word and Celebrator of the Eucharist therein . And pleads that in Tertullian's mind Baptism was a work most proper to the Bishop in regard of his Episcopacy or particular Office. And the Doctor contends out of Tertullian that in his time Christians receiv'd the Eucharist only from the Bishop's hands b , and so there were no fewer Bishops than Congregations who mett for hearing of the Word and Celebration of the Sacraments . What shew of reason can be given ( saith Dr. Stilling-fleet c why the Apostles should slight the Constitution of the Jewish Synagogues , which had no dependance on the Jewish Hierarchy , and subsisted not by any Command of the Ceremonial Law ? The Work of the Synagogue not belonging to the Priests as such , but as Persons qualifi'd for instructing others . And d We are to take nottice , that the Rulers of the Church under the Gospell do not properly succeed the Priests and Levites under the Law , whose Office was Ceremonial , and who were not admitted by any solemn Ordination into their Function . — It is then a common Mistake to think that the Ministers of the Gospell succeeded by way of Correspondence and Analogy to the Priests under the Law ; which Mistake hath been the Foundation and Originall of many Errors . For when in the primitive Church , the name of Priests came to be attributed to Gospell-Ministers from a fair Complyance ( as was thought then ) of the Christians only to the name used both among Jews and Gentiles : in process of time , corruptions increasing in the Church , those names that were used by the Christians by way of Analogy and Accommodation , brought in the things themselves primarily intended by these names : so by the metaphoricall names of Priests and Altars , at last came up the Sacrifice of the Mass ; without which , they thought the names of Priests and Altars were insignificant . This M●stake we see run all along thro' the Writers of the Church , as soon as the name Priests was apply'd to the Elders of the Church , that they derived their Succession from the Priests of Aaro●'s Order . In short he still contends that the model of Governing the Christian Church was an exact imitation of that of the Synagogues , which were no other thing than the particular parish Churches among the Jews , and in every one of which there was a a Bishop paralell to him who , in the Apocalypse , is the Angel of the Church . And Dr. Lightfoot is of the same mind ; The Apostle ( saith he ) e calleth the Minister Epis●opus , from the common and known title of the CHAZAN or Overseer in the Synagogue . And f Besides these there was the publick Minister of the Synagogue who pray'd publickly and took care about reading the Law , and sometimes preached if there were not some other to discharge this Office. This person was called SHELIACH TSIBBOR the Angel of the Church , and CHAZAN HAKENESETH the Chazan or Bishop of the Congregation . The Aruch gives the reason of the name : The Chazan ( saith he ) is SHELIACH TSIBBOR the Angel of the Church ( or the publick Minister ) and the Targum renders the word ROVEH by the word HOSE one that oversees . For it 's incumbent on him to oversee how the Reader reads and whom he may call cut to read in the Law. The publick Minister of the Synagogue himself read not the Law publickly but every Sabbath he called out seven of the synagogue ( on other days fewer ) whom he judged fit to read . He stood by him that read , with great care observing that he read nothing either falsly , or improperly and calling him back and correcting him , if he had failed in any thing , and hence he was called CHAZAN that is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 i. e. Bishop or Overseer . Certainly the signification of the word Bishop and Angel of the Church had been determined with less noise if recourse had been made to the proper fountains and men had not vainly disputed about the signification of words taken I know not whence . The service and worship of the Temple being abolished as being Ceremonial , God transplanted the worship and publick adoration of God used in the synagogues , which was moral , into the Christian Church : to wit , the publick Ministry , publick prayers , reading God's Word , and preaching &c. Hence the names of the Ministers of the Gospel were the very same , the Angel of the Church , the Bishop which belonged to the Ministers in the synagogues . There were also three Deacons or Almoners on whom was the care of the poor &c. Among the Jews ( saith Dr. Burnet g he who was the chief of the synagogue was called CHAZAN HAKENSETH the Bishop of the Congregation and SHELIACH TSIBBOR the Angel of the Church . And the Christian Church being modelled as near the form of the synagogue as they could be , as they retained many of the Rites so the form of the government was continued , and the names remained the same , And h In the synagogues there was first one , that was called the Bishop of the Congregation . Next , the three Orderers , and Judges of every thing about the synagogue who were called TSEKENIM , and by the Greeks 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 that is Elders . These ordered and determined every thing that concern'd the synagogues or the persons in it . Next them , were the three PARNASSIN or Deacons , whose charge was to gather the Collections of the rich , and to distribute them to the poor . All the Presbyters ( saith the Learned Le Moyne i ) took not on them the burden of preaching and exponing the scriptures , some were taken up in serving at the administration of the Sacraments searching into scandals , visiting the sick , strengthning the weak , and providing for the Churches profit , but the business of preaching belonged only to the Apostles the Bishops and the first Presbyters . Hence in times of the ancient Church the Bishops perpetually preached which the inferior Presbyters did not except they were admitted thereto by the Bishops and chief Presbyters . Most memorable to this purpose are the words of the learned Jesuite Sirmundus k Anciently ( saith he ) the Bishops only and no others preached the word of God for this was their proper province and work 't was afterwards , tho' not alike soon every where , allowed to the Presbyters to preach : this was soonest begun in the East , as is clear from the practice of Pierius , Chrysostome , and others who preached while they were only Presbyters . And now judge , tho' nothing else had been adduced but what is just now brought from these profoundly learn'd and most unsuspected Arbiters , if the Regimen and Way of the true primitive Church was not according to the Gospell Humility and Simplicity , most opposite to a terrene Domination , Prelaticall Grandor and Power over other Pastors , and the vanity of preterscripturall and superstitious Ceremonies ? if she then enjoy'd not Bishops or Pastors , Ruling Elders and Deacons ? if then , whosoever had power to dispense the Word and Sacraments with the Charge of any particular Flock or Congregation , was not reciprocally one and the same with a Bishop , and finally , if the primitive Way was not entirely one with that of our Church of Scotland , and others of the reformed Churches , which is now known by the name of Presbytry ? Hence it 's carefully to be noted how odd and grievous Alterations were made both as to the use of Terms and in the Offices they had primitively signifi'd in Scripture . In , yea even after the Apostolick Age we find that the word Bishop , whereever it holds forth an ordinary Church-Officer , alwayes signifying a Labourer in the Word and Doctrine , and Dispenser of the Srcraments , Pastor of a Flock or Congregation . We find also the Word Presbyter taken as its equivalent denoting this very thing : elsewhere ( as is now made evident ) the word Presbyter signifies no Pastor of a Flock , but only one who was to assist him in Ruling and Guidance thereof ; some also of this latter kind of Presbyters designing the Ministry , there beeing then few or no Theological Schools , were trained up for the Office under the Inspection of Bishops or Parochial Pastors , and accordingly whiles assisted them therein . But this was only accidental to the Office of a ruling Presbyter . Afterward there was a new kind of Church Office invented whose chief work was not to feed any Flock or Congregation and yet was reputed the Pastor of many Flocks which was a compleat Contradiction . His Province was mainly to rule and domineer over a multitude of both Pastors and Flocks , him they called the Bishop . Another Office epually new and unknown to Scripture and prime Antiquity was a kind of semipastor or half Minister who was to do all the Ministeriall Work , and yet was so far from having any Pastorall Power that on the contrary he was only the subject and substitute of another , and him they called the Presbyter : As for the other sort of Presbyters they came in time to be well nigh intirely abolished and forgotten . The like Chrysostome l observes of the Deacons , saying that in his time such Deacons as the Apostles ordained were not in the Church . Hence it 's not strange if the Ancients , while sometimes they violent the Scriptures to make them favour what in their oun times was obtaining , and at other times while , either out of design and freedome , or casually they light on the true Meaning of the Scriptures , speak most perplexedly of Bishops and Presbyters , and afford no small ground of Wrangling and Disputation to all that are exercised in this Controversy . In the mean while such Immutation was not made in a day , 't was sloe and apparently plausible like the weed which at lenth you may see that it is groun up , yet its act of growing ye shall never perceive . This Alteration , as even Spanhemius F. m no enemy to the Hierarchy , observes , began first in great Cities , and beside the generall occasions or rather pretexts for it , which we already noted , there was this colour more peculiar to great Cities ; in Rome , for example , tho there were Christians sufficient to make up severall ordinary Congregations , yet at some special times all or most of these used to meet at one place , and accordingly were accounted but one Church . This might occasion the making of a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 or one particular Moderator among the Pastors who got some primacy of Order , and at these more solemn meetings of the People appeared & spake most and in time got the appropriation of the name Bishop : all this was notwithstanding only a meer prostasy : he must nixt have a power over his Collegues in the City : the Bishops , the parochial Pastors of the Country and lesser Cities are next to be invaded . This Fermentation , which had small beginnings and still grew untill all was soured , suelled especially and was most operative in a time of peace , whereof in the third Century they had a good space , even from the Death of Valerian untill Dioclesian's Persecution . The Emperors themselves ( saith Eusebius m then so much favoured them that they not only gave them Liberty of the publick Exercise of their Religion , but also made some of them their Chamberlains and Governours of Provinces . In this time the alteration of both Government and Worship was certainly not a litle promoved . For nothing then reign'd among the Christians but contention & ambition . They were not content ( continous he ) with the former Edifices but builded large Churches from the foundation — But when thro' too much liberty we fell into sloath and negligence , when every one began to envy and backbite another , when we managed as 't were an intestine warr amongst our selves with Words as with Swords , Pastors against Pastors , and People against People , being dashed one on another , exercised flrife and tumult , when deceit and Guile had grown to the highest pitch of wickedness — When being void of all sense we did not so much as once think how to please God ; yea rather on the other hand impiously we imagined that human Affairs are not at all guided by Divine Providence , we dayly added Crimes to Crimes when our Pastors having despised the Rule of Religion strove mutually with one another , studying nothing more then how to outdoe one another in strife , threatning Emulation , Hatred , and mutual Enmity , proudly usurping Principalities or Prelacys as so many places of Tyrannicall Domination . To this time doubtless did the Nicene Fathers look in their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Ancient Customes that they mention , which will be denyed by none who remember that even things of a very late date n used then to be called ancient , and , which is yet more , they were wont to pretend Apostolick Authority and Tradition for every one of their Innovations . For this their Pride and Superstition and such Vices God sent a long and most grievous Persecution , after which it might have been reasonably thought they would have returned to the Humility and Simplicity of the Gospell , and Apostolick Age. But so far were they from this that the Gangren began faster than ever to consume the Vitals of Chrsitianity , and having got a Christian Emperor to indulge and enrich them they quickened their Pace , and in the gadiness of Pride and giddiness of Superstition , extravaging without bounds in this Declension they piece and piece laid aside the Scripture , and in the model of their Government and Worship eyed and followed three patterns , the Jewish Policy , Ceremonies , and Temple , where there was one High-Priest , the magnificent and splendid Government of the Roman Empire , over which there was one Head , one Emperor . And lastly , the way of the Roman Pagan Priests in which there was also at Rome a Pontifex Maximus or High-Priest over all the many Degrees of Priests in the Empire , and so in process of time it came to pass that he who by his first Institution was design'd to be a Pastor of a Flock or Congregation , and to imitate the Apostolick Simplicity and Humility , turned to be the great Antichrist , the son of Perdition . and grand Emissary and Lieutennant of the red Dragon , and these who were ordain'd to be his Fellow-Pastors and Ministers of the Gospel became his Underlings and Slaves in that Apostacy , and being martial'd into a thousand Ranks and Orders proved so many Squadrons of hellish Locusts , so that scarce in any part of the Creation of God was there ever a more sad and direfull Depravation , if it were not when our first Parents fell into the Cloutches of the old Serpent , or when the Sons of God became his greatest Enemies , and those morning Stars , the beautifull Angels turned into infernal Firebrands , black and abominable Devils . Most observable notwithstanding , yea and adorable is Divine Providence in this , that even in the growth and increase of this black Apostacy , the Church in Opinion and Doctrine , at least , still held fast the great , and capital Articles of Christianity , as the sufficiency of the Canonicall Books of Scripture , the Doctrine of the holy Trinity , of free Grace , of Justification by Faith in Christ's Blood &c. Their great sin lay not in the Defect but in the Excess , by superadding to these golden Foundations a heap of hay and stuble , the wild Fancies of Apostatising Brains ; And in process of time equalizing , yea and preferring them to these Divine and most necessary Truths comprehended in the Books of the Old and New Testament . Then it was when , tho' they still acknowledged the Identity of Bishop and preaching Presbyter , or Pastor of a Congregation , they must , among'st the rest of their novell Foppereis , raise one Bishop , or High-Priest ( as they spoke ) over a number of other Pastors , and Churches , whose Ordination and Consecration must be accompani'd with a dale of Alloy suitable to this their humane and unwarrantable Institution : He must have a Cudgell put in his hand , to signifie his Rule and Authority over the People , and a Ring to signifie his Pontifical Honour , and the hidden Mysiereis wherewithall he is intrusted m The Bishop being consecrated , shaven , and anointed , it was his proper Work and Office to erect and consecrate Churches , to make their Chrism or Holy Oyl ; For the Art of Besmearing was pretty early in the Church , no later at least than their Diocesan , and therewith to anoint the forehead , Eyes , and Ears of the Baptized , to receive the Penitents , and perform such greasy businesses about them . These and the like Actions were reserved as the special Ornament and Badges of the High-Priest's Honour n . And indeed hitherto they acted congruouly , for 't was but meet , that their own Antichristian Inventions , the Institution whereof never came into God's mind , should be appropriated to their own Church-Officer whom God never appointed , Caetera conveniunt sed non levis error in uno est . For they debased and polluted God's Ordinance , I mean the Ordination of Pastors which they threw in among their Trash , and left likewise to their Bishop or High-Priest as a part of his peculiar Province ( Superstitionists sometimes for such Fooleries deprave the Scripture , which Dr. Lightfoot one of the learn'd est of the Church-of - England Divines , observes and baffles , Here ( saith he ) o Episcopacy thinketh it hath an undenyable Argument for Proof of its Hierarchy , and of the strange Rite of Confirmation &c. ) And this is very like another Practice for Antiquity also not a white lower than their Diocesan , they made another fixed Church-Officer whom they called an Exorcist . His Office was to dispossess and cast out Devils p . Now surely such an ordinary Church-Officer was never appointed by God , and therefore , 't is most likely that some of those Exorcists needed some to have casten the Devils out of themselves , or at least , to have giv'n them a a round doze of Hellebore , no less , then did any of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 their Patients . But seeing they made such a Church-Officer , and the dispossessing of Devils was among'st the greatest and most miraculous Works that ever was practis'd even by the greatest Apostles . It may be thought that this Exorcist was one of their highest Church-Officers , a Metropolitan certainly , Arch-Bishop or Patriarch , but he was none of these , yea he was no Bishop , no Presbyter , no Deacon , no Sub-Deacon , yea not so much as an Acolyth , that is a Candle-carier , for they us'd in fair-day-light and Sun-shine to light Candles in the Church to obey and fulfill ( as they said ) that Scripture , John 1. 9. That was the true Light , which lighteneth every Man that cometh into the World q . This Exorcist was yet a degree lower than their Candle-Carier , and therefore was plac'd in the very rear and tail of all their Clergy . So dangerous , yea and unaccountable were many of their Actings , but especially in the matter of Church-Office-bearing . Moreover I appeal to all the judicious and conscientious if out of a conscientious desire of conforming to the primitive Church , our Adversareis make such a horride noise , bussle and Schism for their Hierarchy . For , suppose it to be as true as I hope by this time to all the unbyassed it 's manifested to be false , that in all points they could vouch their Hierarchy to be warranted by the true primitive Church and the Government of the one intirely like that of the other , yet do they not desert her in many other things ? Did the primitive Church use Organs in Divine Worship ? Were they not first introduced in the seventh Century by Pope Vitalian r And yet it is doubtfull if they were so soon received : For Aquinas dislikes and condemns them s . Or where , pray , in the true primitive Church shall they find the Surplice , Corner-Cap and Tippet ? Or where , to name no more , shall they find the Bishop allowed to involve himself in secular cares ; Civil and State Offices or Imployments ? Some used indeed , when they pleased , the Christian Emperor allowing it , to make the Bishops Arbiters of their private Debates , but to all the good Bishops , as Augustine t complains , this was a most weighty Grievance . But in more early times even this was not permitted , for Cyprian u condemns as altogether unlawfull that any Church-man should be so much as a testamentary Tutor to any Pupil . And mark the ground he goes on , For ( saith he ) whosoever are honoured with the Divine Priest-Hood or have a place in the Clergy ought only to serve at the Altar , and spend their time in Prayer and Supplication . For , 't is written , no Man that warreth intangleth himself with the Affairs of this Life , that he may please him who hath chosen him to be a souldier . Th●● is such a clear and inevitable Condemnation of the Practice of the Hierarchicks , that the Learned Annotators , Pamelius , and the Bishop of Oxford , finding nothing wherewith to elude it , skipp it over with deep silence . And now judge if Cyprian was of one mind with the Bishop of Five Churches , who will have the meaning of Paul's words cited by Cyprian to be x that every Christian ought to abstain from those things which are repugnant to Christian Profession , which are sins only ; and will not have the Apostle to speak any thing of Church-men in particular , or if Cyprian would have expon'd the sixth of the Canons ascribed to the Apostles as doth Heylyn , who y makes the Canon only to mean that Bishops or inferiour Clergy-Men might not be Consuls , Praetors , Generals , or undergoe such publick Offices in the State of Rome , as were most sought for and esteemed by the Gentiles there . Heylen is here somewhat intricat , and his cause required it . However the sum of his drift is , that the exercising of these or the like Offices is allowed to any Pastor by the Canon . Now , altho' ' tallowed it not when the Empire was Pagan , and he would prove something of this kind from 1 Cor. 6. where he must count all Magistrats thro' the Christian World , Pagans and Unbelievers , for otherways none shall ever prove from this Scripture , so much as the lawfullness of a Bishop or Pastors , judging and determining any difference between any two that referr themselves to his Arbitration . And tho' he should prove it , pray what is this to the exercising the Office of Consul , General , Praetor , Chancellour , Treasurer or the like pieces of such temporal Power and Grandor ? Judge moreover , were there no more but Paul his words to Timothy , 1. 4 , 13 , 14 , 15. And 2 Tim. 4. 2 , 5. If there be Leasure left any Pastor to be either Consul , General , or ought else of this nature : and consequently if all the shifts they use on this head be not sufficiently overthrown by these Scriptures only . But I had almost forgotten to notice how they torment themselves that they may torment and detort Cyprian , For Saravia says , that the Canon Cyprian speaks off was but particular and provincial only for the Church of Carthage . But Heylen refutes Saravia his comment and says Cyprian spoke so , because the Church was then almost destitute and unprovided of Presbyters . As if Cyprian had not spoken of Chruch-men absolutely and without the least intimation of any such restriction , and grounded his saying on a Scripture which , whatsoever it speaks of Church-men , confessedly says it of the mall , be they many or few or in whatsoever time and place they live . Moreover it 's most certain that in Matthew 20. 25 , 26 , 27 , 28. The Princes of the Gentiles &c. And Mark 10. 42 , 43 , 44 , 45. And Luke 22. 25 , 26 , 27. All Pastors of Flocks are prohibited to exercise Dominion , secular and state Dignity , and a parity of the Apostles amongst themselves , and in them a parity of all ordinary Pastors or Ministers of the Gospell among themselves is enjoyned . D. M. a pretends to engage with the latter part of this Inference , but first he mis-states the question as if from these Texts we pleaded for a perfect equality of all the Officers of Christs house without distinction between extraordinary and ordinary Ministers , or between Pastors and other Officers , and so his saying that the Apostles exercised Jurisdiction over other Ecclesiasticks , whether true or false , is nothing to the purpose . But saith D. M. Our blessed Saviour supposeth degrees of Subordination amongst his own Disciples as well as other societies , and therefore he directs the Ecclesiasticks who would climb up to the highest places in the Church , to take other methods then these that are most usual amongst the Grandees of the World : He that deserved preferment in the Church was to be the servant of all . Which answer he steals from the Jesuite Bellarmine b who answers that Christ only directs ecclesiastick Princes , & teaches that as such they ought to rule their subjects , not as do Kings and Lords , but as Fathers and Pastors , To whom Junius replyes c that all this is quite contrarie to both Christs words and scope , The sons of Zebedie ( saith he ) desired a Dominion , this Christ rejects and refuses to give them ; again the falshood of this answer is demonstrated positively by Christs following words , who in stead of this Dominion which they desired , enjoyns them a humble Ministry and Service . Wherefore there is a clear opposition between Dominion and Ministry , the former belonging the World , the latter to the Church . Bishops are not ( saith Bellarmine ) here forbidden to exercise a dominion like that of godly Kings , but only like that of Tyrranical Kings who know not God. We deny ( replyes Junius ) that there is any such restriction , neither can it be proved . And accordingly Junius refutes and bafles all the Sophistrie that Bellarmine , and , after him , our Prelatists ordinarly bring to prove that only tyrrany and not all sort of principality or superiority is by our Saviour in these Texts , prohibited . And with Junius joyns the whole stream of Protestant Writers . But our Saviour ( saith D. M. ) did that himself among them , which he now commanded them to do to one another , and therefore the doing of this towards one another in obedience to the command now under consideration , could not inferr a Parity , unless that they blasphemously infer that Christ and his Apostles were equal : For our Saviour recomends what he enjoyns from his own constant and visible practice among them , viz , that he himself who was their Lord and Master , was their sevant , and therefore , it becomes the greatest among them , in imitation of him , to be modest , calm , and humble , towards all their subordinate Brethren . A sturdy argument forsooth , as if our most blessed Master to quell his Disciples their ambition of aspiring to a preheminence over one another , and to render them more content with a humble and brotherly parity , could not adduce and urge his own most holy and meek example of his most wonderful condescending to take upon him the form of a Servant , and do the works of a Servant among his Apostles , and that so humblie , as if he had been only their Companion and nothing above them : but he must anone be concluded to degrade and throw down himself into a meer equality with his Disciples . Can any in the exercise of his wit make such a Collection ? Neither can better befall him : for , as is his constant practice this wretched Paralogism he also borrows from another Jebusite Cornelius a Lapide , who at the same rate depraves this Text of Matthew to save from a mortal blow Peter's fictitious Primacy . But in the next place , which is little better , D. M. turns Jew on our hand : Let it be further considered ( saith he ) that the Hierarchy and Subordination of Priests was established by Divine Authority in the Jewish Church , and if our Saviour had pulled down that ancient Polity , and commanded an equality among the Presbyters of the New Testament , he would not have stated the Opposition between his own Disciples and the Lords of the Gentiles , but rather between the Priests of the Mosaic Oeconomy and the Disciples of the New Testament . And agian , fearing least his J●daism and also his self-repugnancy should not have otherways been apparent enough , We do not ( saith he d ) now plead , as some ignorant People may pretend , that there ought to be a Bishop above Presbyters , because that there was a High-Priest among the Jews , but rather thus , that the Hierarchy that obtained in the Patriarchal and Jewish Oeconomy was never abrogated in the new . Well then , is there on Earth a visible High-Priest over the whole Church the Levitical Orders , Rites , & Temple-service , the very things wherein the Jewish Hierarchy consisted , and shadows of Christ to come , now allowable . But to come to his cavill , and quiet this child of Ignorance , D. M. should know that beside the Disciples ambition to get up over one another , according to the carnal apprehension they then entertained of Christ kingdome ( wherein our Hierarchick Lord Bishops are the Apostles successors indeed , and all Hierarchicks , men of Apostolick principles ) they looked also for a great , worldly , and civil power and dominion , which was not at all comprehended in the Jewish Priesthood , nor was then possessed by any of the Priests ; and so our Lord 's stateing the opposition between his Disciples and the Lords of the Gentiles , is by far more apt for his purpose than if he had stated it between them and the Priests of the old Oeconomy , which had been altogether lame , and doon scarce the half of his bussiness . In a word , the Romishness and Falshood of all these his Cavills is manifest , were there no more , from this only , that if they do any thing , they make for the defence of that new Romish Doctrine of Peter's Supremacy , which both the Fathers , and all sound Protestants , not only Presbyterians , but also Episcopals , yea some that otherwise deserve not the name of Protestants , as Dr. Heylen e , explode , & prove that there was a compleat Equality & Parity amongst the Apostles : And they deduce their Conclusion especially from this text of Matthew's Gospel and its parallels . And indeed if there be , as doubtless there are , any places of Scripture fit to prove it , these texts deservedly hold the first place . The Author of the Opus imperfectum , thought by some to be Chrysostome , saith , on this place of Matthew , Quicunque autem desiderat primatum in terrâ , inveniet confusionem in coelo , Whosoever desires a primacy on Earth , shall find Confusion in Heaven . Now suppose the truth of these words , and compare them with the words of the Apostle 1 Tim. 3. 1. If a man desires the Office of a Bishop , he desires a good work . And it 's clear the Office of a Bishop is quite another thing than a Primacy ; for to desire the former is lawfull and laudable , but to desire the latter is dangerous and damnable : and so much by the way , for I love not to transcribe the labours of others f . And so angry is D. M. at New Opinions , and for their sake at every thing that 's New , that he scarce ever advances any Argument , Vindication , or Defence , but what is so frequently and soundly baffl'd , so bare and worn , as to vy even with the old ancient Garments of the Gibeonites . These Texts , as I said , prohibite also all Pastors of Flocks to exercise Dominion , Secular or State Dignities , which is irrefragably made out by our Writers against Bellarmine de Pontifice , and other Romanists . However 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 either the Possession or Hope of such Emoluments and Dignities , as also the glistering gayetie of gorgious and theatrick Ceremonies , close mens mouths , and keep them from acknowledging the Truth , for which even a Pagan g may come in to reprove them , O curvae interris animae , & coelestium inanes ! Quid juvat hoc templis nostros immittere mores ? Et bona Dijs ex hac scelerata ducere pulpa . Dull earthy minds who know no heavenly thing , What profites it into the Church to bring Our own Inventions ? or to dream that we Can with Lust's fewel please the Deity . Dicite Pontifices , in sancto quid facit aurum ? Speak out your minds ye Priests and do not lie , Can gold your holy places sanctifie ? It 's an old saying that the Church brought forth Riches , but the Daugter devoured the Mother , who when she had wooden Cups she had golden Priests , but afterward she got golden Cups and wooden Priests . Even their Pseudo-Clement h is prolix on this subject , exhorting the Bishop to be dis-engaged of all worldly cares and affairs , and perpetually imploy'd in Preaching and Prayer , and the like Ministerial duties . And indeed all Pastors of Flocks would carefully abstain from secular and state Offices , and every thing else that may abstract them from their Charges and Flocks , least their 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 procure them Functius's reward . But if our Hierarchicks will not hear our blessed Lord and his Apostles , if they will not hear the genuine writtings of the Ancients , nor yet these spurious pieces whose Authros were otherwayes sufficiently Hierarchick and Ceremonious , I think they might listen to the Bishop af Aiace , for he was a Member of the Council of Trent : John Baptista Bernard ( saith Suave i ) Bishop of Aiace , who , th● he believed that residencie was de jure Divino , yet thought it not fit to speak of that question , delivered a singular speech , saying that , not aiming to establish one Opinion more then another , but only so to inforce residency , as that it may be really executed , he thought it vain to declare from whence the obligation came , or whatsoever else and that it was sufficient only to remove the cause of Absence ; which is , that Bishops do busie themselves in the courts of Princes , and in the affairs of the World , being Judges , Chanchellours Secretaries , Counsellours , Treasurers , and there are but few Offices of state into which some Bishop hath not insinuate himself . This is forbidden by St. Paul , who thought it necessary that a Souldier of the Church should abstain from secular Employments . Let God's command be executed , and them forbidden to take any Charge , Office , or Degree , ordinary or extraordinary , in the affairs of the World ; and then their being no cause for them to remain at Court , they will go to their residencie , of their own accord , without Command or Penalty , and will not have any occasion to depart from thence . In conclusion he desired that the Council could constitute , that it should not be lawfull for Bishops or others , who have care of souls , to exercise any secular Office or Charge . But all this was in vain , for that Synagogue of Sathan was deaf like the Adder , & the Bishop of Five Churches who harang'd to the contrary & eluded or neglected all his reasons telling the Council withall , that if Aiace were follow'd their Church would anon become base & contemptible , was heard with applause of the the whole Conventicle ( tho' not without a self-contradiction as the Historian observes ) so that this ingenuous and Christian Discourse was slighted and contemned . Neither can I find much ground to expect any fairer treatment from men of a Tridentine Spirit , whose strenth lyes mostly in mean sophistry , and unmanly snatching at colours and shaddous , disimulation of the unsoundness of their Cause , banter and Hectoring , noise and ill founded claims to Antiquity . From these I may look for unkind handling indeed ; but withall have some assurance to meet with better dealling from all the Admirers and Students of most true and only unspotted Antiquity , the sacred Scripturers , whom God hath quicken'd by his Precepts , who know that serious and assiduous Meditation in God's Law and keeping his Precepts will make them understand more than even the Ancients , and therefore rejoyce in the Way of his Testimonies as much as in all Riches , and esteem the Words of his Mouth more than their necessary food , to whom these are the Joy and Rejoyceing of their heart . These , I am somewhat confident , will not be much displeased with what I have said . My Antagonist , if any happen , or I 'm exceedingly mistaken , will be of quite different Qualities , I can sincerely affirm that I have not willingly or wittingly injured the Truth , or any man's person , and that the Love of sacred Verity moved me to publish these papers . Others , doubtless , of suitable Abilities may soon advance things of far greater worth than what can come from we whose mite is so mean and inconsiderable , and who , beside the other disadvantages that environ me , according to the good Pleasure of him that doth all things well , from the very womb have laboured under the want of that noble Sence of SEEING , and so am oblig'd to read with the Eyes and write with the Hands of others . Yet tho' I be deprived of the sweet Light and pleasure of beholding the Sun , it little moves me , if so be I may see the infinitely more precious Light of the most glorious and dear SON of Righteousness , and be illuminated and enlyven'd with that all healling Vertue which is in his Wings . FINIS . Notes, typically marginal, from the original text Notes for div A46639-e210 a Judgement given forth &c. Page 12. b Ibid. c The Trial of Peter Boss &c. Page 6. d Plea for the Innocent . Page 12. e Pag. 11. f More Divisions amongst the Quakers Page 15. g Judgement given forth &c. Page 17. and Append. to the History of the Quakers . Pag. 16. h Ibid. pag. 12. i ibid. pag. 17. k ibid. pag. 20. l Inter Epist , Augustini 25. m Adversus . Herm●o●enem . n De Doctrin● Christiana . Lib. 2. Cap. 9. o Theodoret. Hist. Eccles. Lib. 1. Cap. 7. & Hist. Trip●rtit . Lib. 2. Cap. 5. p Lib. 5. q Epist. ad Pompejum . r In Acta Apost . Homil. 3. s In primum Haggaei . Notes for div A46639-e7380 a Iren. lib. 2. Caput 11. b Synop. pap . conti . 5. Quest. 3. Part 2. c Preface to his Ecclesiastical Policy ▪ p. 2. 19. and 20. d P. 131. e In Iren. f Apologiae Cathol . lib. 1. p. 118. 119. 120. h Defence of the Apology of the Church of England . pag. 121. i page 248. k Stillingfleet Iren. pag. 392. l Iren. pag. 393. m pag. 395. n Episcopacy not prejudicial to regal Power . Page 13 , 14 , 15. b Canon 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . c Detection of the Court and State of England . Vol. 1. Page 361. e Vol. 1. Pag. 361. d Pag. 368. f Memoires of the D. of Hamiltoun . Pag. 29. 30. h Nalson's Collections Vol. 1. Page 247. i Memoires Page 29. k Hist. Page 447 , 453. l Memoires Page 47. & alibi m Memoires Page 60. n Collections Vol. 1. Page 245. i Memoires Page 235 , 236. a De pontif . Rom , lib. 1. cap. 8. Praeterea exercitus non semper unum habet ducem , &c. a De pontif . Rom. Lib. 2. Cap. 10. Nulla enim in Ecclesia Dei graviora excitata sunt Schismata , nec Hereses exorta sunt ab ullo tetriores quam ab Episcopis . a Iren. Part 2. Chap. 6. a De Repub. Ecclesiasticâ . Lib. 2. Cap. 4. Numb . 46. Sunt qui Hieronymum in rectam sententiam vel invitum velint trahere — neque in hoc aut excusari satis potest , aut &c. b De diversis gradibus ministrorum Evangelii . Cap. 23. Dico privatam fuisse Hieronymi opinionem , consentaneam cum Aërio &c. c Ibid. 27. d Exam. tract . de triplici Episcopatû . Page 25. e Ibid. Page 34. f Contra Hereses fol. 103. B. Sed revera fallitur Thomas Waldensis quoniam in toto illo decursu p●st verba proximè citata nihil aliud conatur Hieronymus quam ut ostendat ex Divina Institutione non esse differentiam inter Presbyterum & Episcopum — Et fol. 104. D. Nec etiam mirari quisquam debet quod Beatus Hieronymus Vir alioqui doctrissimus sic deceptus fuerit , &c. g De Cler. Cap. 15. Michaël Medina — affirmat sanstum Hieronymum idem omnino cum Aërianis sensisse , neque solum Hieronymum in ea Heresi fuisse , sed etiam Ambrofium , Augustinum , Sedulium , Primasium , Chrysostomum , Theodoretum , OEcumenium , & Theophilactum , atque ita ( inquit Medina ) isti Viri ali●qui Sanctissimi & Sacrarum Scripturarum consultissimi , quorum tamen sententiam , prius in Aërio , deinde in Waldensibus , postremo in Johanne Vvicklefo , damnavit Fcclesia . Et infra . Ergo in Hieronymo & Gracis illis Patribus &c. h Catechism . tract . 2. Quest. 23. i Cath. Orth. Tom. 1. Page 286. k Heresi 55. five 75. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . l De repub . eccles . Lib. 2. Cap. 5. m Epistola ejus dedicatiora translationi suae praefixa . n Critic . Patrum Page 330. o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap.2 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 p Vir maximus Epiphanius , sed , quem res arguit ipsa , levibus auditiunculis , nescio unde acceptis , facilè nimis aliquando fidem habuisse . q Haeresi 39. vel 59. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — r Epistola 50. ad Bonifacium . s Ibidem . t Tom. 6. Haeresi 69. u Lib. 3. Page 101. x Epist. 74. y Haeresi 25. Aërii ab Aërio quodam sic appellati sunt , qui astinentiis vacant &c. z Haeresi 27. sive 47. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . a Hist. Eccles. Lib. 4. Cap. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. b Lib. 1. Cap 30. c Haeresi 55. sive 75. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . d Eusebius Eccles. Hist. Lib. 4. Cap. 29. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. e Epiphanius Haeresi 55. sive 75. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . f Ibidem 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . g De instit . cler . Lib. 2. Cap. 58. Aëriani ab Aërio quodam nuncupati sunt , hi offerre sacrificium pr● defunctis spernunt . a Defence of Diocesan Episcopacy . Page 153. b Of the Religion of the Irish. Page 59. c Primitive Episcopacy . Page 40. d Lib. 1. Vnde factum est ut post obitum Carthaginis Episcopi Zeugitanae , & procensulari Provinciae , Episcopos interdiceret ordinarios quorum erat numerus 164. e Page 164. f Page 185. g Page 165. h Right of Churches , review Page 153. i Conferences . Page 348. k Ad Scotos in Christum credentes ordinatur à Papa Caelestino , Palladius & primus Episcopus mittitur . l Edit . Lovan . Fol. 15. m Ann. 429. numb . IV. Primum verò eam gentem à Coelestino Papa Episcopum habuisse Palladium omnes consentiunt . n Ibid. Ex his autem habes quibus redarguas asserentes Sedulium Christianum Poëtam quem tantopere Gelasius laudat habuisse praeceptorem Hildebertum Scotorum Archi-episcopum : Etenim cum ipse Sedulius ad Theodosii Imperatoris tempora referatur quo modo usus esse potuit Hildeberto Scotorum Archi-episcopo Paerceptore , si nullus adhuc ordinatus erat in Scotia Archi-episcopus & Palladius absque controversia primus dicatur ejus Gentis Antistes . o Lib. 3. Cap. 8. Ante cujus ( Palladii sc. ) adventum habebant Scoti Fidei Doctores , ac Sacramentorum Ministratores , Presbyteros solummodo vel Monachos , ritum sequentes Ecclesiae primitiva . p De gestis Scotorum . Lib. 2. Per Sacerdotes & Monachos , sine Episcopis Scoti in fide erudiebantur . q Fol. 132. Erat Palladius primus omnium qui apud Scotos sacrum egere Magistratum , à summo Pontifice Episcopus creatus : quum antea Populi suffragiis &c. r Scotland's soveraignty asserted . Page 134. s Lib. 3. Cap. 4. Habere autem solet ipsa Insula Rectorem semper Abba●tem Presbyterum , cujus Juri & omnis Provincia & ipsi etiam Episcopi ordine inusitato debeant esse subjecti , juxta exemplum primi Doctoris illius qui non Episcopus , sed Presbyter extitit . t Ibid. Vnde & praefatam Insulam ab eis in possessimem Monasterii faciendi accepit . Neque enim magna est , sed quasi Familiarum quinque &c. u Hist. Pag. 7. x Hist. Page . 4. y Contra Judaeos . Cap. 7. Loca Britannorum Romanis inaccessa , Christo tamen subdita . z Lib. 6. Fol. 95. v. 40. Coeperi & nostri eo temp●re Christi dogma acuratissimè amplexari Monachorum quorundam ductu & adhortatione qui quia sedulo pr●dicationi vacarent , essentque frequentes in oratione , ab incolis Cultores Dei sunt appellati : invaluit id nomen apud vulgus in tantum ut Sacerdotes omnes ad nostra pene tempora vulg● Culdaei ; i. e. Cultores Dei , sine discrimine vocitarentur . a Hist. Page . 4. b Book 1. c Cap. 39. Caeterum dilatatae & inveteratae Haereses nequaquam &c. d Page 227. Et sequentibus . e Defence of the Vindication of the Church of Scotland . Page 36. f Fol. 95. Pontificem inter se communi suffragio deligebant &c. g Ann. 431. Numb . 191. Perductum quoque fuisse ad Hiberniam Insulam , sed citò morte subduectum ex hac vita migrasse , ex Probo qui res gestas S. Patricii scripsit dictum est superius , Hibernorum quidem conversionem Deus S. Patricio reservavit . h Ibid. Hoc eodem anno sub iisdem Consulibus Sanctus Prosper missum ait Palladium ordinatum primum Episcopum ad Scotos : perductum quoque fuisse ad Hiberniam &c. i Numb . 4. — Magno honore prosequentes ejus Reliquias in Mernia Scotiae Provincia collecatas . k Numb . 5. Porro eandem Ecclesiam nobilissimam hoc nostro saculo Deus tentati permisit , ut Christianae constantiae praeclarissimum specimen ederet , cum inter alios Martyres habere etiam meruit ( quod nulla hactenus Christiana Gens habuit ) ipsam Reginam , Catholica Fidei eximium Decus & ornamentum diutissimâ consessione in carcere ante probatam , nobiliori coronâ Martyrii auctam . l De historicis latinis . Page 229. m Vide Usserii Brit. Eccles. Antiquates . Page 799. n Irenicum Part 2. Ch. 7. o Antiq. Brit. Eccles. Page 809. p Iren. Part 2. Ch. 6. q Page 39 , & 40. a De Sacramento ordinis . Can. 6. b De Clerici● — Cap. 11. c Fuller , lives of the Divines . d Pag. 24. Et sequentibus . e Fund . Charter . Pag 26. Spotswood . Hist. Pag. 316. e Hist. Page 257 , 258. f Century 16. Page 371. g Cald. Hist. Page 261. h Hist. Page 385. i Ms. Hist. Vol. 2 , Page 340. k History of the Houses of Douglass and Angus . Page 320. l Page 333. m Page 354. n Page 358. o Page 192. p 1 Book of disc . head 1. q Calderwood's Ms. Hist. Vol. 2. Page 597. r See Spotswood Hist. Page 260. s Cald. Ms. Hist. Vol. 2. Page 354 t See Page 457. u See our Author Pages 207 , 208. x Cald. Ms. Hist. Vol. 2. Page 597. y Page 28. Et sequentibus . z Epist. 79. Sed & istud mi Knoxe — sicut Episcopi Papatum pepereunt . ita psendespiscopos — ( Papatus reliquias ) Epicureismum terras invecturos &c. a Hist. Pages 198 , 199. b Cald. Page 3. c Holy Cheat. Pages 31 , 32. d First Book of Discipline head first . e Can. 7. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . f Can. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . g Sozomen Lib. 1. Cap. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . h Socrates . Lib. 1. Cap. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. i Spotsw . Hist. 153. 174. k Cald. Ms. Hist. Vol. 2. Page 143. l Vide Epist. 206. Coxo & gregalibus suis. m Heylin's Cosmography . Page 305. n Page 108. Et sequentibus . o Hist. Page 174. p Hist. Pag. 266. q See L'estrange holy Cheat. Page 31. r Pag. 133. s Head 5. t Hist. Page 158. u Pages 143 , & sequentes . x Page 174. y Page 344. z Cald. Ms. Hist. Vol. 2. Page 489. a Ibid. Page 595. Et seq . b Knox Hist. 289. c Cald. Ms. Hist ▪ Vol. 2. Page 5. d 2 Cor. 11. 5. e Acts 13. 3. compared with 14. 26. f See his Pages 242. & sequentes . g See 1. Book of Discipline . Head 5. Of the Election of Superintendents . h pag. 160 , et sequentib . i Page 120. k Page 37. l Pag. 168. m Hieronymus Euagrio . n Cald. Ms. Hist. Vol. 1. Page . 789. o Apud Saraviam exam . tract . de Episcopatuum triplici genere . Quest. 2. Pag. 91. Post reformatam Religionem , consuetudine receptum est , ut Episcopi , & ex Ministris , Pastoribus , & Senioribus , tot , quot iidem Episcopi jusserint , unum in lucum conveniant &c. p Cald. Ms. Hist. Vol. 2. Pag. 87. Spots . Pag. 219. q Page 219. r Pages 138 , 139. s Pages 167 , 168. t Cald. Ms. Hist. Vol. 2. Page 24. u Fol. 52. Data est autem omnibus in Ecclesia Ministris una & aequalis potestas sive functio . Certè ab initio , Episcopi vel Presbyteri Ecclesiam communi opera gubernaverunt : nullus alteri se praetulit — Sic legitur secisse in Actis Apostolorum S. Petrus , qui tamen ideo nec aliis fuit praepositus , nec potestate majore caeteris praeditus . — Ideoque nemo jure prohibuerit ad veterem Ecclesiae Dei constitutionem redire , & illam prae humana consuetudine recipere . a Loc. com . Tom. 6. Col. 260. b Col. 261. Atqui superiorem illam jurisdictionis potestatem jure Divino Episcopis competentem Pontificii in eo vel maximè ponunt , quod Episcopus possit ordinare Ministros , Presbyteri vero minimè , &c. c Apud Osiandrum . Epitom . Hist. Eccles. parte . 1. Page 299. Art. Smalkald . de Episcoporum jurisdictione . Liquet autem confessione omnium , etiam Adversariorum nostrorum , hanc potestatem ( Evangelium docendi viz. peccata remittendi &c. ) communem esse omnibus , — Hic docet Hieronymus , distinctos graedus Episcoporum &c. tantum humana authoritate constitutos esse — quia autem jure Divino uullum est discrimen inter Episcopum &c. d Instit. 4. Cap. 3. Sect. 8. & alibi . e Cap. 4. Neque tamen sic honore & dignitate superior erat E●iscopus ut dominium in collegas haberet sed quas partes habet Consul in Senatu — Atque id ipsum pro temporum necessi●ate fuisse humano consensu inductum fatentur ipsi veteres . f Loc. Com. Page 246. Tertio eosdem esse Presbyteros quosque & Episcopos & Pastores , ex eo patet quod Act. 20. legimus ad hunc modum &c. — unde videas Apostolorum tempore in Ecclesia Christi eosdem fuisse Presbyteros , Pastores & Episcopos . g Syntag. part . alt . Page . 544. Quod ex horum Pastorum seu Presbyter●rum collegio , unus reliquis esset praepositus & Episcopi cognomento ornatus singulariter ab humano ortum instituto , nona divino pracepto , existimamus , non solum cum Hieronymo verum etiam cum Lombardo , Gratiano , Card. Cusano & aliis . h Art. 30. Credimus omnes veros Pastores ubicunque locorum collocati fuerint eadem & aequali inter se potestate essepraeditos . i Credimus veram hanc Ecclesiam debere regi &c. k Prideaux apud Maresium exam . prim . 4. Questionum Theolog. Pag. 63. pro Calvinistis &c. l Page 66. Quamquam non ut dominus &c. m Pag 65. Nullum novi Zanchii tractatum de &c. n Page 66. Profitetur se non posse nostrorum zelum non amare qui ideo illa nomina ( Episcoporum & Archi-episcoporum ) oderunt &c. o Page 67. Nec Calvinus ut somniat doctissimus Episcop . &c. p Spanhemius F. contra Vander Waeyen . q Parte speciali . Page 149. r Pages 129 , 130 , 131. 132 , & alibi . s Nomothesia istic Ecclesiastica penes supremum Magistratum . t Pag. 131 , 132. Haud me equidem fugit &c. u Page 130. Sed ut quod est dicam longissimo inter utrosque discrimine . Priorem siquidem mera est ordinis & honoris , null● jurisdictionis vel potestatis proprie dictae , praerogativa . x Epitom . Hist. Eccles. Part. 1. Cent. 16. Lib. 2. Cap. 15. Videtur autem Melancton in causa fuisse , ut Episcopis aliquid Jurisdictionis concederetur : speravit enim , si &c. y Osiand . Epit. Hist. Eccles. Cent. 16. Part. 1. Lib. 2. Cap. 37. De pontifice autem statuo . Si Evangelium admirteret , posse ei propter Pacem &c. z Fam. Letters . Vol. 3. Page 395. a De Clericis cap. 14. — et nostris temporibus Lutherani & Calvinistae &c. b fol. 102. hunc eundem errorem post multos annos ab Inferis suscit arunt Waldenses , dicentes nullum esse inter Sacerdotes discrimen . c Hist. part . 1. lib. 5. Quibus respondent , qui hodie in Anglia puriorem doctrinam praese ferunt . d pag. 239. e Alphonsus de Castro fol 102. f Aenaeas Sylvius de Bohemorum origine et gestis cap. 53. dogmata sunt — inter Sacerdotes nullum discrimen esse &c. g see the history of the Council of Trent pages 596 , 605 , 606 , 607. h Polit. Eccles. part . 2. pag. 833. i Exam. Theol. Quatuor Quaest. Insignium . Quaest. 1. pag. 68. S●raviam vero suis Belgium orthodoxum non annumerat , utpote &c. k Epist. dedicat . ad Episcopos Anglicanos praefixâ libris de gradibus Ministrorum , et alibi pluries . l De gradib . Ministrorum cap 24. et alibi . m De honore Praesulibus et Presbyteris debito . cap. 19. n Cap. 29. o Spanhem . part . spec . pag. 221. Quisc . Laudum pro gradu disputantem asserentemque Episcoporum ordinem esse divini ac necessarii juris , publica ignominia notavit . a Dr. Pearson . prooem . ad vind . St. Ignat. b Hist. of the Presbyterians . Page 0. c Hist. Quinquart . Pages 5 , 6. d Preface to the second Vol. of his Hist of the Reformation . e Howel . Fam. Lett. Pages 471 , 472. f Apolog. Cap. 5. g Of the stile of the Scriptures . Page 34. et seq . h Burnet's Confer . Page 323. i Page 321. k Orat. 28. l Def. tract . De diversis gradibus Ministrorum Evangelii . C●p. 23. a Hist. Eccles. Lib. 3. Cap. 36. a Typis mandavit Observationes in Ignatianas Pearsonii vindicias nec non in Beverigii Annotationes — cui responsum pa●ins , quodque prae manibus ferme absolutum habemus , Autor noster , instantibus quibusdam Amicis , alio subito divertit . Sed autem &c. b Pearson . Prooem . ad vind . Ignat. Cap. 1. In ea autem tract and a magni ponderis merito habita esse Sancti Ignatii Viri Apostolici , & Martyris Autori●as , &c. Burnet's Conferences . Page 314. a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. b 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. c 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. f 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. g 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. i 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. k 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . &c. l 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . m 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. n 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. o 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. q 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. r Tom. 1. Ep. 68. s Vind. Ignat. Part. 2. Page 220. t Vind. Ignat. Part. 2 Pages 140 , 141. Quasi vero Christiano Viro , & quidem Episcopo , & ab Apostolis edocto nulla superc●elestium scientia competeret &c. u Bibl. Patrum . Vol. 1. Page 42. x Page 33. y His genuine Epistles of Apostolick Fathers Page 149. z Introduct . ad Chron. et Hist. Sac. Pag. 127. a Lib. 6. Cap. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. b Iren. Page 298. c Page 160. d Lib. 3. Cap. 39. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. e Apolog. ad Senatum . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. f Apolog. ad Antoninum pium . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. g Euseb. Hist. Eccles. Lib. 4. Cap. 14. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . &c. Et Lib. 5. Cap. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . &c. h Euseb. Hist. Eccles. Lib. 5. Cap. 24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. i Socrates Lib. 5. Cap. 22. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. k Euseb. Hist. Eccles. Lib. 5. Cap. 24. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . * In notis ad Eusebii locum . l Varia sacra . Vol. 2. Page 30. m Haeresi 29. Nazara●rum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. n Ubi supra . Quem quidem B. Marcum juxta ritum carnalis Sacrificii pontificalis apicis petalum &c. o Euseb . Hist. Eccles. Lib. 2. Cap. 23. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p Ant. judaie . Lib. 20. Cap. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ▪ q De Christianarum Ecclesiarum successione et statu . Page 19. Etsi enim qui proximè Apostolis successerunt , Pietate cum primis & Sanctitate excelluisse negari non potest : certum tamen est , neque eorum qui praecesserunt , virtutem assecutos , neque ita simplicem , ut Magistri eorum , orationem consecutos esse , quemadmodum rectè à Nicephoro notatum est . a Com. In. Ep. prior . ad Tim. Cap. 5. Vnde & Synagoga & postea Ecclesia seniores habuit quorum sine Consilio nihil agebatur in Ecclesia . Quod qua negligentia obsoleverit , nescio , nisi forte Doctorum desidia , aut magis superbia dum soli volunt aliquid videri . b Field on the Church . Book 5. Cap. 26. c Alt ▪ Dam. Page 917. & sequentes . d 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. e Ep. ad Smyrnaeos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. f Ad Polycarpum — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . g Ad Ephesios . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. h Ibidem . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. i Ad Philadelphicos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. k Ibidem . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. l Proof for Churches in the second Century . Pages 28 , 29. m Defence of Diocesan Episcopacy . Pag. 37. and 38. n Genuine Epistles of the Apostolick Fathers . Pages 183 , 184. o Dr. Burnet on the 1. and 2. of the Apost . can . Page 51. p Confer . Page 314. a Pages 106. 107. b Page 108. c Page 107. d Page 108. e Pages 109. f Pages 109 , 110. g Syn. pap . contr . 5. Quest. 3. h In locum . i Dissert . 3. Numb . 25. Etseq . k Numb . 37. Eat nunc de rupe turpeia Pontifex , & cum Apostolis loquatur Linguis Sp. S. exlo visibiliter arcessat , virtutes similes edat , magnalia eadem obsignet , ac venerabimur in eo Apostolatus Apicem ! l Numb . 34. m Numb . 17. n In Epist. ad Ephesios . Cap. 4. ver . 11. Constitutis ergo his hoc quoque munus necessario fuit sublatum : itaque tyrannica hodie vox est in Ecclesia sese Apostolum ex Successione profiteri . o Vide , inter alios , Marloratum in locum . p Numb . 27. De Matthia sorte , id est divina voce , qualiter in distributione terrae , in segregatione Hirci &c. q Vide Instit. Lib. 4. Cap. 3. r Et nemo sane , nisi plane sit 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Apostolatum confuderit . — dico igitur immediate eligi & vocari a Deo ad praedicandum Evangelium , esse essentiale Ministerio Apostolatus . s De primatu Papae . Lib. 2. Pag. 30 , 31. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . t Page 145. u De pontif . Romano . Page 61. Qua igitur in re — in Apostolatu videtur dicere Bellarminus — At Apostolicam potestatem nemo habere potest , nisi qui verè ac pro●riè Apostolus est &c. x De pontif . Rom. Pages 175 , 176. Quare etiam olim Episcopi R. Petro successerint in Doctrina , & externa Cathedra , non tamen in Apostolatu , etsi successerunt , at posteriores Pontifices nec &c , y Vol. 1. Page 787. z Page 745. a Of the Pope's Supremacy . Page 78. b Page 158. c Alphonsus de Castro adversus haereses . Fol. 102. Bellarm. de Clericis . Cap. 14. d Tom. 2. Col. 1209. e Synops. papism . Page 236. f Ibidem . g Page 111. h Page 112. i Lib. 3. Cap. 37. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. k Page 111. l In locum . Titus etiam missus ab eo abiit in Dalmatiam , ubi finaliter fuisse Episcopus dicitur . l Page 112. m Page 107. n Irem . Pages 302 , 303. o Pro●em . in Tit. Scribit ad Titum &c. p Hom. 1. in 1 Tim. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . q Disp. 1. in 1 Tim. Dubium est an Episcopus fuerit Ephesinus &c. r Iren. Page 340. s Page 117. t Page 117. u Et Angeli earum ibidem non debent intelligi , nisi aut Episoopi aut praepositi Ecclesiarum . — Nam quia etiam Angelus nuncius interpraetatur , quicunque aut Episcopus aut Presbyter aut etiam Laicus frequenter de Deo loquitur , & quomodo ad Vitam eternam perveniat meritò Angelus Dei dicitur . x Comment . in Apocalyps . Cap. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . y In Cap. 1. Apoc. z In. Cap. 2. a Confer . Page 310. b Confer . Page 331. c In Philip. 1. 1. d On Rev. 4. compared with his Notes on Acts 11. a Lib. 2. Cap. 4. b Pages 31 , 32. c Apud Wal. Mess. Page 96. d Page 27. e Page 636. f Ir. Page 369. Et seq . g Prim. Episc. Page 7. Et seq . h Homil. 35. In Act. Apost . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . i Iren. Page 361. k Conferences . Pages 307 , 308. l Page 27. m Page 30. n In Philip. 1. 1. Haeserunt in eodem Luto nonnulli Catholici . o De Clericis . Cap. 15. p Tom. 2. Col. 1211. q Page 22. Et seq . r Pages 157 , 158. s pag. 158. a On Philip. 1. 1. b Medull . Theol. Patrum . Vol. 1. Lib. 1. Cap. 17. c Lib. 5. Cap. 13. d Contra Parmenianum . Lib. 3. e Apologia ad Antonium pium Imp. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . f Lombard . Lib. 4. Distinctione 24. M. g Epist. 118. h De Doctrina Christiana . Lib. 2. Cap. 9. i De Clericis . C●p. 15. k De heresi Miletiana . l Iren. Page 317. m apud Wal. Mess. pag. 6. & 114. n Apud Salmas . apparat . ad libros de primatu . Page 23. o Episcopacy asserted . Page 132. p 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , — &c. q Apud Wal. Mess. Pag. 80. r In priorem Ep. ad Tim. Cap. 3. s De Hierarchiâ Ecclesiasticâ . Lib. 2. Cap. 1. a In Epist. ad Ephes. Cap. 4. b De Clericis . C●p. 15. c Catal. Scriptor . d Tom. 2. Fol. 12. — Aetati delatum est quia Petrus senior erat . e In 1. ad Cor. 11. 10. f De Hierarchia Eccles. Lib. 1. Cap. 12. g Apud Blondellum . h De scrip . Eccles. i In Scholis ad Cap. 4. Lib. 4. Augustini contra duas Epistolas Pelagiani . k In appendice ad Hierarchiam . Lib. 2. Cap. 1. l In prior . Epist . ad Tim. homilia 11 ma , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. m De Clericis . Cap. 15. 10. n In Rom. 12. o In 1 Cor. 1. p In Philip. 1. 1. q In 1 Tim. 3. r In Tit. 1. s In 1 Tim. 3. t Epist. 19. 2d Hieronymum . u De Clericis . Cap. 15. x Page 81. & seq . y Tom. 2. Col. 1214. z Irenicum . Pag. 300. & seq . a Defens . apolog . Pages 122 , 123. In Epist. ad Titum . c De Clericis . Lib. 1. Cap. 15. d Page 65. & seq . e Col. 1212. f Irenicum . Page 276. g Tom. 2. Col. 1213. h Iren. Page 280. i Page 159. k Col. 1213. l Vide inter alia Wal. Mess. Page 45. Et seq . & Page 193. Et seq . m Page 138. n Vind. St. Ignat. Part 1. Pages 191 , 192. o Epist. ad Heliodorum . p Absit ut de his quicquam sinistrum loquar : qui Apostolico gradui succedentes , Christi corpus sacro ore conficiunt : per quos & nos Christiani sumus &c. q Appendice ad Hierarchiam Lib. 2. Cap. 5. r De Clericis . Cap. 15. s Irenicum . Pages 273 , and 274. t De Clericis . Cap. 15. u Col. 1213. x Irenicum . Pag. 266. & seq . y Irenicum . Page 277. Et seq . z Irenicum . Pag. 130. a Vind. Ignat. Part. 2. Pag. 22. — tam multa de Presbyteratus Autoritate congerit , ut cum eam stabiliat , aeqnalem penè ipsi Episcopali po●esta●i statuere censeatur . b Dog. Theol. Tom. 3. Pag. ( mihi . ) 747. Hieronyn us — Presbyteros suppares Episcopis facit &c. c Pag. 756. — regendae Ecclesae potest ●tem externamque Gubernatianem sola consuetudine , non dispositionis Dominicae Veritate Episcopis tribuit . e Scholast . Hist. Of the Canon of Scripture . Page 74. Et seq . f Timotheus Lib. 3. g De Officiis . Lib. 2. Cap. 8. Et de Originibus . Lib. 7. Cap. 12. h Apud Blandellum . Page 80. i De constit . cler . Lib. 2. Cap. 6. k Can. 7. l Distinct. 60. m Sentent . Lib. 4. Distinct. 24. n Comment . In locum . o Iren. pag. 294. a Hist. Eccles. Lib. 3. Cap. 25. b pag. 4. c pag. 98. d pag. 102. e pag● 119 , 120. f pag. 124. g pag. 132. h Appendice ad Hier. Eccles. Lib. 1. Cap. 12. i Page 98. k Appendice ad Hierar . Eccles. Lib. 2. Cap. 5. Siquidem Diaconus aliàs , idque passim , non propriè , sed appellativè sumitur : & tunc ferè aliud nomen in gignendi casu huic adjungitur &c. l Page 44. Et seq . m Pages 94 , and 96. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. n Iren. page 279. o Epist. ad Philipp . p Vind. Ignat. Part. 2. Page 168. Sed quis dabit Episcopum Philippensium tunc in vivis fuisse ? Quis praestabit Philippenses &c. q pag. 49. & seq . r Apolog. prosent . Hieron . pag. 14. & seq . s Lib. 1. Vis. 2. t pag. 53. & seq . u Lib. 2. Mand. 12. x Lib. 3. Simil. 8. y Lib. 1. Vis. 3. z Lib. 3. Simil. 9. a Varia sacra . Page 34. b Apud Corn. a Lapide in Eph. 4. 11. c History of Episcopacy . Part 2. Page 39. d Apolog. ad Antonium Pium. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. e Hist. of Episcopacy , part 2. pag. 39. f Defence of Diocesan Episcopacy pag. 39. g Page 58. Et seq . h Paustratiae Tom. 2. Lib. 10. Cap. 6. Denique ausim asserere nunquam ab Epis●opis distingui , nedum separari Presbyteros apud Irenaeum . i Pages 158 , 159. * Vide Petavium de Hierarchia Eccl. Lib. 1. and D. Taylor Episcopacy asserted . a De civitate Dei. Lib. 19. Cap. 19. Exponere voluit quid sit Episcōpatus : quia nomen est operis non honoris &c. b Ad vocem . c Iliad . ● . d Ad vocem . e Lib. 3. Cap. 21. f Suidas ad vocem , & Hesychius ad vocem . g Saravia de diversis gradibus . Cap. 9. h Iren. Pages 285 , and 286. i In Can. Apost . 58. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . k Caranza summa Con. folio 118. Can. 20. l Can. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . m Page 67. n Can. 56. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. o On the 56 or 57 Canon of Laodicea . Ergo ante hoc 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 etiam revera Episcopi constituti sunt . p Can. 13. q Can. 14. r Can. 10. s On the 13 Canon of the Council of Ancyrum . Quibus etiam conficere non dubit amus veteros Chorepiscopos , — revera Episcopos fuisse — Enimvero cum Episcopi in Civitatibus solum antiquitus ordinati fuerint &c. t 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . u History of the Council of Trent . Page 216. Et seq . x Caranza Fol. 100. &c. y Can. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. z Neocesar . Can. 13. & Ancyrum . Can. 13. a Lib. 3. b Eusebius Lib. 7. Cap. 30. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. c pag. 77. d Dr. Burnet's Observations on the first and second Canons commoaly ascribed to the Apostles , pag. 47 , 48 , & 49. e 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 f De Hierarchia Eccles. Cap. 2. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. g Cap. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. h 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. i ( Mihi ) Lib. 2. Epist. 1. k In sententiis Episcoporum de Haereticis baptizandis . Page 334. l Epist. 85. m De Baptismo . Cap. 7. Exinde egressi de lavacro perunguimur benedicta unctione de pristina Disciplina , qua ungui oleo decorum in sacerdotium solebant . n Tom. 4. Lib. 5. Cap. 16. o Compen . Manualis Cap. 12. Paragr . 11. p page 449. q page 451. r Exam. Tract . de triplici Episcopatuum Genere pag. 16. s Preface to his Defence of Diocesan Episcopacy . t See Doctor Scot's Christian Life . Vol. 2. Chap. 7. and D. M. Page 98. Et seq . u Hist. Eccles. Lib. 3. Cap. 8. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. x Pearson suis posthumis & Dodwell . y Arnobius . Lib. 2. Eusebius . Hist. Eccles. Lib. 2. Cap. 14. Epiphanius . Tom. 2. Page 59. Philastrius . Hieronymus Cat Script . Augustinus Tom. 6. Page 6. Sulpitius severus Lib. 2. and others . z Contra Celsum Lib. 1. a Dionys. Halicar . Lib. 4. Ovidius Fast. Lib. 6. Livius Dec. 1. Lib. 8. Augustinus de civitate Dei. Lib. 13. Cap. 19. b Annot , in Euseb. Lib. 2. Cap. 13. b Eusebius lib. 2. cap. 15. c lib. 3. cap. 36. d Euseb. lib. 3. cap. 39. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. e Hist. Eccles. lib. 2. cap. 15. f de Concordia Sacerd. & Imp. tom . 2. pag. 174. g Posth●m . de Success . Rom. Pontif , Dissert . 1. cap. 8. i lib. 6. cap. 26. Caetero in solitudinem rediit , exhausta vicinitate Seleuciae . k lib. 1. l ibid. Ctesiphontem — condidere Parthi quod nunc est caput Regni . m lib. 16. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 &c. n Florus lib. 3. cap. 11. — Seleucia se responsurum esse respondit . o ad vocem Babylon . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . p Page 22. q page 146. r Lib. 14. Epigr. 15. s Lib. 8. Ep. 28. t in 23. Mat. u Euseb. Hist. Eccl. lib. 2. cap. 1. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Euseb. hist. Eccles. lib. 3. cap. 32. & lib. 4. cap. 5. x Euseb. Chronic. y Iren. pag. 301. z Suavis Hist. of the Council of Trent pag. 743. a Hist. of Episcopacy , part 2. page 39. b part 2 pag. 96 , 97. c Iren. page 257. d pag. 264 , 265. e Vol. 1. pag. 308. f Vol. 2. pag. 133. g Observ. on the 1 Can. page 2. h Obs. on the 2 Can. page 83. i V●ria Sacra tom . 2. pag. 35. Nam non omnes Presbyteri onus concionandi & Verbum Dei enarrandi in se recipiebant &c. k apud Le Moyne pag. 36 , ibid. Verbam Dei , soli olim in Ecclesia praedicabant Episcopi , quarum proprie id Munus erat . Post etiam id Presbyteris , sed non uno apud omnes tempore permissum &c. l On the 6 of the Acts hom . 14. m Introduct . ad Hist. Nov. Test. Pag. 166. m Hist. Eccles. Lib. 8. Cap. 1. — 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . n Vide sis Clementis Epist. Pag. 112. & Iren ● verba ap●d Eusebium hist. Eccles. Lib. 5. Cap. 24. & Optatum Milevitanum Lib. 1. m Isidorus de Officiis lib. 2. cap. 6. n Vide Con. Hispalense 2. Can. 7. apud Carranzam fol. 269. & Isidorum de Originib . lib. 7. cap. 12. & de Officiis Ecclesiasticis lib. 2. cap. 7. & Rabanum Maurum de Institut . Cler. lib. 1. cap. 6 ▪ o on Acts 8. 17. p Vide Isidorum de originib . Lib. 7. Cap. 12. & Rabanum Maurum de Institut . Clericorum Lib. 1. Cap. 10. q Vide Isidorum de originib . Lib. 7. Cap. 12. Rabanum Maurum de Institut . Lib. 1. Cap. 9. r Platina in Vitaliano & Volater . apud Onuphrium in Chronographia . s Secunda secundae Quest. 91. Articul . 2. t In Psalmum 118. u Lib. 1 Ep. 9. — Cum singuli divino sacerdotio honorati & cuncti in clericali Ministerio constituti non nisi altari & sacrificiis deservire , & precibus atque orationibus vacare debeant . Scriptum est enim &c. x Hist. of the Council of Trent . pag. 490. y Histor. of Episcop . part 2. page 25. part . 2. pages 22 , 23. part . 2. pag. 376. 377. a Pag. 16 & seq . b De Pontifice Lib. 5. Cap. 10. c Tom. 2. Col. 875 , 876. d page 27. e Hist. of Episcopacy part 1 pag. 15. & seq . f See if you please for example Rectius Instruendum . g Persius Satyrâ secundâ . h Epist. ad Jacobum fratrem Domini . i hist. of the Council of Trent pag. 489. 
A65355	----	A sermon preached in the high church of Edinburgh at the election of the magistrates of the city, on the 2d of Octob. 1694 / by James Webster. Webster, James, 1658?-1720. 1694 Approx. 28 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A65355 Wing W1208 ESTC R26310 09427448 ocm 09427448 43046 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65355) Transcribed from: (Early English Books Online ; image set 43046) Images scanned from microfilm: (Early English books, 1641-1700 ; 1319:21) A sermon preached in the high church of Edinburgh at the election of the magistrates of the city, on the 2d of Octob. 1694 / by James Webster. Webster, James, 1658?-1720. 15, [1] p. Printed by George Mosman, Edinburgh : 1694. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- Sermons. Justice, Administration of -- Moral and ethical aspects. Scotland -- Politics and government -- 1689-1745. 2000-00 TCP Assigned for keying and markup 2001-10 Apex CoVantage Keyed and coded from ProQuest page images 2001-11 TCP Staff (Michigan) Sampled and proofread 2001-12 Apex CoVantage Rekeyed and resubmitted 2002-01 TCP Staff (Michigan) Sampled and proofread 2002-01 TCP Staff (Michigan) Text and markup reviewed and edited 2002-02 pfs Batch review (QC) and XML conversion A SERMON Preached in the High Church OF EDINBURGH , At The ELECTION Of the MAGISTRATES of the CITY . On the 2d of Octob. 1694. By JAMES WEBSTER , Minister of the GOSPEL . EDINBURGH . Printed by George Mosman , and are to be Sold at his Shope in the Parliament Closs . 1694. Psal 101 , verse 1. 2. I will sing of Mercy and Judgement — O when wilt thou come unto me ? THE best , and most perfect model of Government ever obtain'd in the World , the Jews enjoy'd under their Judges ; It being indeed a pure Theocracy ; God himself was their political Head and King , and ( as it were ) their Supreme Magistrate , both Sacred and prophane History , bear witness to this : In Him were Lodg'd all the Prerogatives Royal , all the Rights of Majesty ; He gave them their Laws immediatly from Heaven , went forth before their Armies , fought their Battels , appointed their Rulers , Deputies under him , and exacted from them Tribute . Briefly after a narrative of his Glorious Appearances , and mighty Works for them , and of their deep Obligations to him ; He Offers , and they accept of him to be their King , And by a mutual Covenant they bind themselves one to another . But His stupid People , ignorant of their true interest , and weary of their Happiness , shake off the yoke of God , and exchange it for mans , call to Samuel to give them a King ; And by no means would be diverted from their Rebellion and Treason ; Having ( 't is likely ) a design at once to change their God and their King , to throw off their Religion and their Allegiance together . However , in Anger they have their desire , They get a King who lived Wicked and died Miserable . To him doth our Psalmist succeed , according to a promise the Lord had given him ; And betwixt the promise and its accomplishment , ( as some think ) or immediatly afte the accomplishment ( as others ) he composes this Psalm , where he comes under solemn Engagements and Vows , not to abuse his power as Saul had done ; but to employ and manage it for God I 'le sing &c. The Psalm is one contiuued chain of David's Resolutions to Govern for the Lord ; And in our Text , he promises to have a particular regard to Righteousness and Mercy , the two Great Vertues of a Ruler , and the two Great Pillars of a Government : This Mercy is a Generous Compassion , inclining Rulers , to Observe , Countenance , Hearken to , Judge and Reward , the Good , the Innocent , and the Oppressed : He binds and obliges himself to this so necessary a Work. The melancholy scene , and the great variety of Miseries people groan under , should invite the Rulers Pity , Draw out his Bowels , and open his Eyes , his Heart and Hand to their Relief : This is his proper Province ; This is the Original Design of Government . Mercy is not ( as the Disciples of Zeno thought ) a weakness of Soul , a litleness and meanness of Spirit , and a down-right Vice : No , Our Psalmist puts a just value on it , and Vows it shall have a fixed residence , and constant Lodging in his Royal and Religious Breast . But least this compassion ( to which ( as is well observed by some ) wee are by nature swayed , and by the very make and constitution of our Body prompted and inclin'd ) should by carrying us too far , degenerat , and bound into a vice , he in great wisdom and discretion , Resolves to temper it with a mixture of Justice , by discountenancing , punishing , and being terrible to Evil doers . I 'le sing of Judgement . Magistrates at all times ( especially now when Wickedness takes strength from Forbearance and Indemnity , enboldens offenders , and the Government is in danger of sinking under its own Mildness ) should be Sons of Thunder , and imitat him whose Ministers they are , who both gave his Laws , and Executes them in all circumstances of Terrour : Some difference is to be made betwixt Moses Rod and Aaron's ; This ( to speak so ) is silently Fruitful , without all noise and observation , sends forth its Buds , Blossoms and Fruit : But that turns unto a Serpent , Hisses , and stings unto Death . No sooner did Constantin ( once an Inhabitant of this Island ) mount the Imperial Throne , then he sung of Mercy to the Harass'd and perlecuted Christians , and of Justice to the Pagan Idolaters , to them he speaks in Lightning and Thunder , and is so severe and terrible unto them , that its Prophecy Rev 6. is easily mistaken for a description of the last Judgement . David , to demonstrat the natural Delight , himself , and all Rulers should have in a well temper'd Goverment , sings his obligations and engagements to it , with a Joyfull emotion of Spirit , Voweth , when God shall come to him ( as the words may be read ) i. e. ( as Interpreters say ) when he shall be King , To sway , and weild his Scepter for the glory of God , and the good of his People . And whereas he Promises , Then to execut justice and Mercy , it is not to be understood as if he had neglected the same in his privat station ; But that when in power he will be in a more publick and better capacitie to do it . There is one textual difficulty to be removed , e're I go farther : Why doth his coming to the Throne goe under the phrase of God's coming to him ? wee must remember , he had God's promise of the Kingdom ; and in Scripture , God is said to come unto Men ; when he accomplisheth his promise , and bestows any singulat blessing on them . But more particulary to persons invested with civil power , God's word of commission comes Psal. 82. 6. I have said , ye are Gods , He speaks to them , and with this Creating Word , confers upon them Power : The Serpent flattered us with a Promise that we should be Gods , but the Lord doth really make some Men Gods The word of God mentioned John 10. 34. according to the best Interpreters , is the divine warrand and commission to be Magistrates ; For the office and power is from God though handed down and conveyed by Men , and upon that score called by the Apostle Peter an humane Ordinance . Farther as soon as Men are cloathed with Authority , God comes to them , and gives them another Heart and a large measure of necessary and sutable gifts , by a plentiful effusion of his Spirit , breaths into them noble Dispositions ; which , together with a Call from Men , are Heaven's credential Letters , that prepare their Reception , and command obedience and submission from the people . And in fine by phrasing it thus , the Psalmist , condemns all unjust practising to get into power , for though having been anointed by the Lords express Command , he had an undoubted Title to the Succession , he has not the Ambition to shuffle his Anointed Head under the Crown , till God by the vote of such as had right to give it , comes and puts it on , which he knows , will make it to sit the surer , and shine the brighter . The proposition that lyes before us , and is the scope of the words , is , Persons in Authority should manage their Government with an equal mixture of Mercy and Justice . A Government well temper'd with them two , should be the Magistrates delight Job 29 from 14 to 18. I put on Righteousness , and it cloathed me : my Judgement was a Rob and a Diadem . I was eyes to the Blind , and feet was I to the Lame . I was a Father to the poor : and the cause which I knew not , I searcbed out . And I brake the Jaws of the wicked , and pluckt the spoil out of his teeth . It appears from the History , Job was not only a Good Man , and a Good Citizen , but a good Magistrat , and he answers this Character , by his sincere Love to Justice and Mercy , like a Good Ruler , he makes the Impartial Administration of Justice his chief Business and delight , his Ornament and Glory , 't is better in his account , than a Diadem and Robs , and indeed , one single Act of Justice , is of far greater value than those ; which without it , are meer pageantry : A good Ruler puts on Righteousness in the Morning , wears it all the day ; and on the bench wraps it so closely about him , that no Temptation can blow it aside . From the forcited place , 't is evident , that Job has no less regard to the Exercise of Mercy , I was eyes to the blind &c. Micah 6. God reckons the Exercise of Justice and Mercy , the whole of our obedience , and prefers it before Ten thousand Rivers of Oyl and Rom. 13 , 4. the two very different setts of Men , There , make the Exercise of Mercy and Justice equally necessary , For he is the Minister of God to thee for good : But if thou do that which is evil , be afraid for he beareth not the Sword in vain : For he is the Minister of God , a Revenger to execute wrath upon him that doth evil . I shall follow forth this Head , First by taking a separate view of Mercy and Justice , the two essential parts of a well manag'd Government . 2. Consider them in Conjunction , as giving mutual help and support one to another . 3. Demonstrat , that in all publick Administrations , Magistrats should have a particular regard to them . 4. Bring home all to practice . As to the first , I shall begin with Mercy , not only because our Psalmist does so , but because this sweet and gentle method , all Magistrates should observe : Drawing the Sword is the last remedy , and never to be used , save in Extremity , when all other ways prove uneffectual , and nothing else can serve the turn . God himself Reckons Justice his Strange Work , a forreign part of his Providence , and which he never works till constrained , and ev'n then with some aversion : Mercy is God's Darling and triumphant Attribute , the immediat off-spring of his nature , but for this divine affection , the World long since had fallen about our ears : Mercy challengeth the present scene as its own ; And the conclusion of time is almost All that is reserved for Justice ? The Mercy of Rulers ought to be a copy of that wondrous Compassion God shewed to a destroyed World , and as far as possible , an exact Transcript of that Grand exemplar , and consisteth 1 , In their protecting and defending the Innocent from all unjust violence and oppression . They are by sacred Writters stiled Gods , and by both sacred and prophane Fathers , for the great tenderness they should Exercise towards their people that are their Children and creatures ; A Cruel Father , is an Unnatural , and a Cruel God is a Monstrous thing . Magistrats are appointed to be Cities of Refuge , where the oppressed may take Sanctuary , and therefore should be all Eye to spy out the peoples Burdens , all Ear to hear their Complaints , and all Hands to relieve them , and avenge them of their Adversaries . The Unjust Judge in the Gospel , is not branded with any wrongful Sentence or Act of Unjustice , but with want of a Merciful Disposition , he had not Bowels enough towards the injured Widow , who makes many a vain Journey to his Lodgings . This mercy , in the second place , is much concerned in regulating the Execution of the Laws on Offenders ; Magistrates may not go to the utmost rigour against them , some considerration would be had of the disadvantageous circumstances mankind labours under : Humane Frailties and Infirmities , Surprises and ignorance , plead strong for some abatement and moderation ; else the best and wisest Law givers can't so frame their Laws , as that a strict and rigourous Execution of them , shall not be an unsupportable severity ; for the highest act of Justice , is a kind of unjustice ; and it were hard to urge the letter of the Law too farre , when neither the intention of the Law-giver , nor common Equity ( the standard of all Laws ) are violated : and where the cause is doubtfull they should incline to mercy as the safer side ; for better spare ten Guilty , then destroy one Innocent ; of the injury done the latter , no reparation can be made , the fault can not be mended ; but though the other may for some time flie from the hand of justice , Vengeance will not suffer them always to escape . 'T is somewhat strange what is storied of a sentence of the Areopagi , the great court of Athens , before whom a Lady was arraign'd , and accused for killing her Husband and Son , because they had kill'd a Son of hers by another Husband : the Judges ordered her and her Accuser to appear before them , some hundred of years after , declaring thereby , they would not absolve , and could not condemne her , but leave the determination of the cause to the gods . I come now to the Second , the Exercise of justice , the Magistrats weareth not God's Sword in vain , but to Manage and weild it as God himselfe Would , were he on the earth . A Godly Ruler Proposeth to himselfe the best and most Excellent Laws , by which he is to Govern , and takes up a fixt resolution , never to swerve from , nor do any thing that 's contrary or disagreable to them , Yea , in the smallest circumstances , and on all Ocasions to exercise Justice , without being diverted from the same , by any temptation , of promises or threats , or nearness of relation ; Iustice is Blind , and has no regard to these forreigne considerations , but only to the merit of the cause . Rulers are under the greatest obligation to this , whither wee consider their relation to God , or to the Law , or to the People : As to the first , They are the Ministers of a righteous God who loveth , and delighteth in Righteousness : to do Judgement , is more to him , than all Sacrifices and whole Burnt-Offerings : These , without That , are unprofitable , unacceptable and an abomination , Isa. 1 , 11 , 12 , 13 , 17. These Solemn and August Ordinances , though Commanded and Rewarded by the Lord , yet when divorced and separated from Justice , are but bright Sins in his account : He puts upon them a Slight , as solemn as their Institution , Who required those things at your hands ? The practice of Rulers should have a conformity to the eternal Law of Righteousness ; For the Power , the Bench , the Judgement , are the Lord's , and must not be made Tools and Weapons of Unrighteousness , this were to profane the most sacred Things , They are likewise appointed to be the Guardians of the Laws , trusted with the keeping and execution of them : They should be a living Law : The best Laws without Execution are a dead Letter , they want edge : The Law must take special hold of Persons guilty of gross Immoralities and Disorders , unsupportable to any Government , such Disturbers of human Society , have need to be mortified ; For they are a Scandal to Christianity , a Reproach of Mankind , and draw down Judgements on themselves and others : Compassion to the Innocent makes the Punishment of others sometimes necessary ; and the Perverseness of some Men accents the Song of Judgement against them . Lastly , Their relation to the People ( who have lodged in them all exercise of Power ) is a strong Bond : They have trusted them with all their most precious Things , their Estates , their Liberties , their Lives , and , which is to them dearest of all , their Religion : Now , to betray under Trust , those unvalueable Priviledges , were an unpardonable Treachery . We come now to the Second Thing proposed , the consideration of the Two , in conjunction , and First , They make the Magistrat the lively Image of God , who is both Merciful and Just , those Two Divine Attributes have their different Actings on their proper Objects , without doing prejudice one to another , and in the Proclamation God makes of himself to Moses , Mercy is the first , and Justice the last part of his Name . Besides , his two eternal Decrees concerning Man's final state , are commonly thought Acts of the highest Mercy and Justice , Rom. 9 18. And farther his glorious Providences , shine bright with a wise mixture of them : In every Dispensation , Mercy and Justice kiss each one other . Such an Administration , is also an Enblem of the Great and General Judgement , which God has design'd for the Manifestation of his Mercy and Justice . Secondly , The double Title of Father and Ruler , of God and Judge , the Magistrate wears , is to be considered ; The one Designation , is as full of Pity , as the other is of Terrour . Thirdly , They are a counterpart of , and fitly answer the two essential Peeces of Sanctification , Love to Good , and hatred of Evil. Fourthly , By a Government so qualified , God doth in a manner , make streight that which seem'd crooked : What is wanting in immediat Providence , with respect to the Evil and the Good , is here supplied : so that the Atheist has no reason to talk so much of prosperous Wickedness , and oppressed Innocence . In the Third place , I come to shew , That 't is very necessary and reasonable , that Persons in Authority should in all their publick Administrations , mingle Mercy and Justice together , and here I shall confine my self to one main Topick , as most proper for the Day , namely , The mighty and universal Influence such a Government has on the publick Happiness and Prosperity of human Society , Prov. 14. 34. Righteousness exalteth a Nation : Two things prove this , 1. The Justice of the Divine Providence . Indeed as to particular Persons , the Providences of God are many times promiscuously administred in this World ; so that no Man can certainly conclude God's Love or Hatred to any person , by any thing that befalls him in this Life . But God do's not deal thus with Nations ; because Publick Bodies and Communities of Men , as such , can only be rewarded and punished in this World : For in the next , all those publick Societies and Combinations , wherein Men are now link'd together , under several Governments , shall be dissolved . God will not then reward or punish Nations , as Nations . And a litle after In the usual Course of his Providence , he recompenseth Religious and Vertuous Nations , with temporal Blessings and Prosperity . For which Reason Austin tells us , That the mighty Success and long prosperity of the Romans , was a Reward given them by God for their eminent Justice . — This the Scripture declares to be the setled Course of God's Providence ; That a Righteous Nation shall be Happy , The work of Righteousness shall be Peace , and the effects of Righteousness , Quietness and Assurance for ever . Thus far the Learned Primate . 2. Their joint exercise , doth in its own nature conduce to the publick interest . When Rulers do checker their Administrations with Mercy and Justice , this tends to make men live together in Peace ; and like a Cement to the Common Wealth , unites and holds all fast together . There cannot be a more certain presage of a declining State , than dissolution of manners , through the neglect of Mercy and Justice . But to come a little nearer , an equal mixture of Mercy and Justice , does by ballancing the procedure of Rulers , prevent all the evil consequences of bad Administration , For , as on the one hand , an effeminat Pity and undiscreet Compassion makes both the Laws and Authority to be trampled on ; so , on the other hand , unmix'd wrath turns men desperate , and we can't tell what men driven to extremitie may do . But let us yet take a nearer view & prospect of the matter , and we shall observe how admirably the two are adjusted to the two great governing passions of man , Hope and fear , that are as the helme of Societies ; a well temper'd Government , by taking hold of Them , constrains men to Good , and restrains from evil . Some Petsons are of a Good and Generous disposition ; such are a proper province for Mercy to gain ; they must be drawn with Cords of a man , and bands of Love ; Others have a more ackward temper , and tempt the Ruler to instruct them , as Gideon did the men of Succoth with Briers and Thorns . In fine , the great variety of Peoples conditions and manners , and their different circumstances , call for different treatment to some , the Melancholy tune of Justice must be Sung , Others must be comforted with the calm and still voice of Mercy . I come now in the last place , to make some improvement of what is said , by bringing it home to the business of the Day . And I beg liberty to address my selt to those Honourable Persons , who had the Government of the City this last year , and are now to lay down the Staff , and commit their power to Others . I trust that ye with respect to your publick management , have the approbation of Heaven and the Testimony of your own Consciences , and honour from men , and , to use our Psalmists Phrase , since God came to you , he has been ever with you , and ye have walk'd with him , and been Just ruling in the fear of God , and as the light of the Morning , when the Sun riseth , as a morning without Clouds , as the tender Grass springing out of the Earth , by clear shining after Ram , ye are under the deepest Obligations , to preserve the power in its proper subject , by handing it down to Faithful men ; for ye are the Image of God , as ye are men , as Christians , as Magistrats , and as Ministers of Mercy and Justice to the People , look therefore that the Persons ye Elect this day , have the Qualifications required in a good Ruler , Exod , 18 , 21. Moreover thou shalt provide out of all the People , able men , such as fear God , men of Truth hating Covetousness , and place such over them to be Rulers , &c. Let this Text serve as an Authentick Directory to your present Work , for , without a due observance of it in your Election , there will be an utter neglect of Mercy and Justice . Ye are to chuse Men of great abilities of mind , Persons of good Judgment and prudence . Magistrates should be wise as an Angel of God , of a discerning Spirit , and vast comprehension ; they are likewise to be such as fear God ; Religion in a Magistrate , ( as one well sayeth ) strengthens his Authority , because it procures veneration , and gains reputation to it , and in all the Affairs of the World , so much reputation is really , so much power . The Magistrat must have the Greatness of God , and the deformity of vice , and the condition , of the People full in his Eye , which he cannot have , If his heart be not possessed with awful impressions , and a lively sense of the Divine Majesty . This Holy and Religious fear , serves as a powerful restraint on mens Natures , and makes them invincible , though assaulted with the great temptations that accompany their Office. They are also to countenance and encourage Religion by their good example , The lewd practice of a Ruler ( as one sayeth ) is very infectious , makes a thousand fall at his side , and ten thousand at his right hand . The best of men are in danger to turn a little worse by promotion , and how much Religion soever they carry to the Bench , it will be sound little enough when it comes there . Ye must likewise look out for men that are lovers of truth , Judges ought to make a Critical Search , an exact and diligent inquiry after Truth , The Cause I knew not , says Job , I searched out ; They should copy after our Lord , who judged not by the appearance of the eye . They must not be imposed upon , nor abus'd by an artful representation , and cunning disguise of matters , and guilding of falshood with a fair shew of Truth . And to compleat the Character of men fit to be chosen , they must be haters of Covetousness . i. e. Not only innocent of , but full of aversion to that base Vice ; it was the Emperout Hadrian's common proverb , I am to inrich the People , nor my self and a saying of Ptolmeus , the Riches of my subjects are my plenty . It s fit that Magistrars have a flourishing and plentiful fortune , that in dispensing of justice , they may have a single regard to the publick interest , and no mercenary respect to their own . And above all , they are to have a perfect indignation at that gross perverter of all Justice , Bribery , Judges were wont to be pictur'd without hands . To shut up this exhortation , see ye manage your Election with all possible sincerity , consider ye are a Congregation of Gods , and the supreme God is among you , observing and recording all your ways , and weighing your Designs , and penetrating into the most inward and hidden Springs of your Actions ; In the mid'st of you , ●iff●sing his influences as the Centre of your happiness . In the second place , I have a word to you , to whom God shall come this day , Take on David's vows , to sing of Mercy and Judgement ; This hath been God's way with you , let it be your way with the people . Know , that though you be Gods on Earth , ye are Subjects of Heaven , and accountable to Him that is Higher than the Highest . Suffer me to give you a few Directions 1. Exercise Mercy and Justice with Christian Courage , In the Lords cause be bold as a Lyon ; let difficulties only serve to whett your Resolutions , kindle your Zeal , and be a Spur to your endeavours . Solomons Throne of Judgement was supported by Lyons , an embleme of Courage . The Cowardice of sorry Peasants is altogether unworthy of your Character . He deserves not to wear God's Sword that has not a Heart to draw it , put an intire confidence in the divine protection , and fear nothing . Know , that Providence Exerciseth a peculiar care over Magistrates in the practise and obedience of their Duty ? He is with you in Judgement : Ye are fenc'd and rail'd about with his Infinit wisdom , Almighty Power , and unchangeable Faithfulness ; Trust God for once , and be Jealous for him ; Breath Life into the laguishing Laws , by Executing them on Notorious Offenders ; say to the mighty , list not up the Horn , rise up for God against evil doers . Many disorders abound in the City , make it your business to drain that deluge of Impiety , that has over run it ; Sin unpunish'd , blows up a Government ; `t is therefore your Wisdom , Interest and Duty , by the due execution of Justice to prevent it . 2. Ye must do it speedily , this seems to be the Dictat of Nature , Ezra . 7. 26. Slow pac'd Justice , is the next degree to Unjustice : And unnecessary Delay in giving of Judgement is a great Grievance . 3. Yet ye would act with great deliberation , which serves as a Check upon the former . Hasty and rash Judgement is a most dangerous thing . An Omniscient God will not punish a Sodom . though their Wickedness was notoriously known , till he first bring them to a Trial The Ruler is to have two Ears to hear both Parties It was an ingenious Check Machetas gave Philip of Macedon , for giving rash Judgement against him , the King having slumbred all the while the Case was a pleading : Machetas , at the giving of the Sentence , with a loud Voice , call'd out , I Appeal , at which Philip being surprized , demanded , To whom , To yourself Sir , said he , when you are well awake . I conclude all with a serious Advice to the Magistrates and the People , to Read , and Consider well that 13 Romans , where we have the true Measures of the People Submission , and the Rulers Power . FINIS . At this time were Elected Magistrates , THE RIGHT HONOURABLE ROBERT CHEISLY , Lord Provost , John Robertson , George Hume , Archibald Rule , Adam Broun . Baillies . Hugh Blair , Dean of Gild. Patrick Thomson , Thesaurer . Notes, typically marginal, from the original text Notes for div A65355-e170 Dr. Tillit Serm. 
A65394	----	A perfect description of the people and countrey of Scotland Weldon, Anthony, Sir, d. 1649? This text is an enriched version of the TCP digital transcription A65394 of text R33573 in the English Short Title Catalog (Wing W1277A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 13 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A65394 Wing W1277A ESTC R33573 13523605 ocm 13523605 99948 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65394) Transcribed from: (Early English Books Online ; image set 99948) Images scanned from microfilm: (Early English books, 1641-1700 ; 1559:17) A perfect description of the people and countrey of Scotland Weldon, Anthony, Sir, d. 1649? Howell, James, 1594?-1666. [2], 21 p. Printed for Rich. Lownds, London : 1659. Variously attributed to Weldon and to James Howell. Reproduction of original in the Harvard University Library. eng Scotland -- Anecdotes. A65394 R33573 (Wing W1277A). civilwar no A perfect description of the people and countrey of Scotland Weldon, Anthony, Sir 1659 2527 2 0 0 0 0 0 8 B The rate of 8 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2004-11 TCP Assigned for keying and markup 2004-12 Apex CoVantage Keyed and coded from ProQuest page images 2005-01 Mona Logarbo Sampled and proofread 2005-01 Mona Logarbo Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion A PERFECT DESCRIPTION OF THE PEOPLE AND COUNTREY OF Scotland . LONDON . Printed for Rich. Lownds . 1659. A Perfect Description of SCOTLAND . FIrst for the Country , I must confess it is good for those that possess it , and too bad for others , to be at the charge to conquer it . The air might be wholsom , but for the stinking People that inhabit it . The ground might be fruitful , had they wit to manure it . Their Beasts be generally smal , Women only excepted , of which sort there are none greater in the whole world . There is great store of Fowl too , as foul-houses , foul-sheets , foul-linen , foul-dishes and pots , foul-trenchers , and napkins ; with which sort , we have bin forcaed to say , as the children did with their fowl in the wilderness . They have good store of fish too , and good for those that can eat it raw ; but if it come once into their hands , it is worse than if it were three days old : For their Butter and Cheese , I will not meddle withal at this time , nor no man else at any time that loves his life . They have great store of Deer , but they are so far from the place where I have been , that I had rather believe , than go to disprove it : I confess , all the Deer I met withal , was dear Lodgings , dear Horse-meat , and dear Tobaco , and English Beer . As for Fruit , for their Grandsire Adams sake , they never planted any ; and for other Trees , had Christ been betrayed in this Country , ( as doubtless he should , had he come as a stranger ) Judas had sooner found the Grace of Repentance , than a Tree to hang himself on . They have many Hills , wherein they say is much treasure , but they shew none of it ; Nature hath only discovered to them some Mines of Coal , to shew to what end he created them . I saw little Grass , but in their Pottage : The Thistle is not given them of nought , for it is the fairest flower in their Garden . The word Hay is Heathen-Greek unto them ; neither man nor beast knows what it means . Corn is reasonable plenty at this time , for since they heard of the Kings comming , it hath been as unlawful for the common people to eate Wheat , as it was in the old time for any , but the Priests , to eat shew bread . They prayed much for his comming , and long fasted for his welfare ; but in the more plain sense , that he might fare the better : all his followers were welcome , but his guard ; for those they say , are like Paraoh's leane-Kine , and threaten dearth wheresoever they come : They could perswade the Footmen , that oaten-cakes would make them long-winded ; & the children of the Chappel they have brought to eat of them , for the maintenance of their voyces . They say our Cooks are too sawcy , and for Grooms & Coachmen , they wish them to give to their Horses , no worse than they eat themselves ; they commend the brave minds of the Pentioners , and the Gentlemen of the Bed-Chambers , which choose rather to go to Taverns , than to be alwaies eating of the Kings Provision ; they likewise do commend the Yeomen of the Buttery and Cellar , for their readiness , and silence , in that they will hear 20 knocks , before they will answer one . They perswade the Trumpetters , that fasting is good for men of that quality ; for emptiness , they say , causes wind , and wind causes a Trumpet to sound well . The bringing of Heraulds , they say , was a needless charge , they all know their pedegrees well enough , and the Harbengers might have been spared , sit●ence they brought so many Beds with them ; & of two evils , since the least should be chosen , They wish the Beds might remain with them , and poor Harbengers keep their places , and do their office , as they return : His Hangings they desire might likewise be left as Reliques , to put them in minde of His Majesty ; and they promise to dispense with the Wooden Images , but for those Graven Images in his new beautified Chappel , they threaten to pull down soon after his departure , and to make of them a burnt-offering , to appease the indignation they imagined conceived against them in the Brest of the Almighty , for suffering such Idolatry to enter into their Kingdom ; The Organ , I think will find mercy , because ( as they say ) there is some affinity between them and the Bag-pipes . The Shipper that brought the singing men , with their Papistical Vestments , complains that he hath been much troubled with a strange singing in his head , ever since they came aboard his Ship . For remedy whereof the Parson of the Parish hath perswaded him to sell that prophane Vessel , and to distribute the money among the faithful Brethren . For his Majesties entertainment , I must needs ingeniously confess , he was received into the Parish of Edenburg ( for a City I cannot call it ) with great shouts of joy , but no shews of charge for Pageants ; they hold them idolatrous things , and not fit to be used in so reformed a place ; from the Castle they gave him some pieces of Ordinance , which surely he gave them , since he was King of Engl. and at the entrance of the Town , they presented him with a Golden Bason , which was carried before him on mens shoulders to his Palace , I think , from whence it came . His Majesty was conveyed by the Younkers of the Town , which were about 100 Halberds , ( dearly shall they rue it , in regard of the charge ) to the Cross , and so to the high Church , where the only Bell they had , stood on tip-toe to behold his sweet face ; where I must intreat you to spare him , for an hour I lost him . In the mean time to report the Speeches of the people , concerning his never exampled entertainment , were to make his discourse too tedious unto you , as the Sermon was to those that were constrained to endure it . After the Preachment , he was conducted by the same Halberds , unto His Palace , of which I forbear to speak , because it was a place sanctified by His divine Majesty , only I wish it had been better Walled , for my friends sake that waited on him . Now I will begin briefly to speak of the people , according to their degrees and qualities ; for the Lords Spiritual , they may well be termed so indeed ; for they are neither Fish nor Flesh , but what it shall please their earthly God , the King , to make them . Obedience is better than Sacrifice , and therefore they make a mock at Martyrdom , saying , That Christ was to dye for them , and not they for him . They will rather subscribe , than surrender , and rather dispence with small things , than trouble themselves with great disputation ; they will rather acknowledge the King to be their head , then want wherewith to pamper their bodies . They have taken great pains and trouble to compass their Bishopricks , and they will not leave them for a trifle ; for the Deacons , whose defects will not lift them up to dignities , all their study is to disgrace them that have gotten the least degree above them ; and because they cannot Bishop , they proclaim they never heard of any . The Scriptures , say they , speak of Deacons and Elders , but not a word of Bishops . Their Discourses are full of detraction ; their Sermons nothing but railing ; and their conclusions nothing but Heresies and Treasons . For their Religion they have , I confess they have it above reach , and God willing I will never reach for it . They Christen without the Cross , Marry without the Ring , receive the Sacrament without reverence , dye without repentance , and bury without Divine Service ; they keep no Holy-days , nor acknowledge any Saint but S. Andrew , who they said , got that honour by presenting Christ with an Oaten Cake , after his forty days fast . They say likewise , that he that translated the Bible , was the son of a Maulster , because it speaks of a miracle done by Barley Loves , whereas they swear they were Oaten-Cakes , and that no other bread of that quantity could have sufficed so nany thousands . They use no prayer at all , for they say it is needless , God knows their minds without pratling ; and what he doth , he loves to do it freely . Their Sabbaths exercise , is a preaching in the Forenoon , and a persecuting in the Afternoon ; they go to Church in the Forenoon to hear the Law , and to the Crags and Mountains in the Afternoon to louze themselves . They hold their Noses if you talk of Bear-baiting , and stop their Ears , if you speak of a Play : Fornication they hold but a pastime , wherein mans ability is approved , & a womans fertility discovered ; At Adultery they shake their heads ; Theft they rail at ; Murther they wink at ; & Blasphemy they laugh at ; they think it impossible to lose the way to Heaven if they can but leave Rome behind them . To be opposite to the Pope , is to be presently with God ; to conclude , I am perswaded , That if God and his Angels , at the last day , should come down in their whitest Garments , they would run away , and cry , The Children of the Chappel are come again to torment us , let us flie from the abomination of these boys , and hide our selves in the Mountains . For the Lords Temporal and Spiritual , temporizing Gentlemen , If I were apt to speak of any , I could not speak much of them ; only I must let you know , they are not Scottishmen , for assoon as they fall from the breast of the beast their mother , their careful sire posts them away for France , which as they pass , the Sea sucks from them that which they have suckt from their rude dams ; there they gather new flesh new blood , new manners , and there they learn to put on their cloaths , and then return into their Countries , to wear them out ; there they learn to stand , to speak , and to discourse , and congee , to court women , and to complement with men . They spared for no cost to honour the King , nor for no complemental courtesie to welcom their Country-men ; their followers are their fellows , their wives their slaves , their horses their masters , & their swords their Judges ; by reason whereof , they have but few laborers , and those not very rich : their Parliaments hold but three days , their Statutes three lines , and their Suits are determined in a manner in three words , or very few more , &c. The wonders of their Kingdom are these ; the Lord Chancellor , he is believed ; the Master of the Rolls , well spoken of ; and the whole Councel , who are the Judges for all Causes , are free from suspition of corruption . The Country , although it be mountainous , affords no Monsters , but Women , of which , the greatest sort , ( as Countesses , and Ladies ) are kept like Lions in Iron grates ; the Merchants wives are also prisoners , but not in so strong a hold ; they have Wooden Cages , like our Boar Franks , through which , sometimes peeping to catch the Air , we are almost choaked with the sight of them ; the greatest madness amongst the men , is Jealousie ; in that they fear what no man that hath but two of his sences will take from them . The Ladies are of opinion , that Susanna could not be chast , because she bathed so often . Pride is a thing bred in their bones , and their flesh naturally abhors cleanliness ; their breath commonly stinks of Pottage , their linen of Piss , their hands of Pigs turds , their body of sweat , and their splay-feet never offend in Socks . To be chained in marriage with one of them , were to be tyed to a dead carkass , and cast into a stinking ditch ; Formosity and a dainty face , are things they dream not of . The Oyntments they most frequently use amongst them , are Brimstone and Butter for the Scab , and oyl of Bays , and Stave-sacre . I protest , I had rather be the meanest servant of the two of my Pupils Chamber-maid , than to be the Master Minion to the fairest Countess I have yet discovered . The sin of curiosity of oyntments , is but newly crept into the Kingdom , and I do not think will long continue . To draw you down by degrees from the Citizens Wives , to the Country Gentlewomen , and convey you to common Dames in Sea-coal Lane , that converse with Rags ▪ and Marrow-bones , are things of Mineral race ; every whore in Houndsditch is an Helena ; and the greasie Bauds in Turnbal-street , are Greekish Dames , in comparison of these . And therefore to conclude , The men of old did no more wonder , that the great Messias should be born in so poor a Town as Bethlem in Judea , than I do wonder , that so brave a Prince as King James , should be born in so stinking a Town as Edenburg , in Lowsie Scotland . FINIS . 
A65418	----	Reasons why the Parliament of Scotland cannot comply with the late K. James's proclamation sent lately to that kingdom, and prosecuted by the late Viscount Dundee : containing an answer to every paragraph of the said proclamation, and vindicating the said Parliament their present proceedings against him : published by authority. Welwood, James, 1652-1727. 1689 Approx. 48 KB of XML-encoded text transcribed from 18 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-03 (EEBO-TCP Phase 1). A65418 Wing W1309 ESTC R2126 12369547 ocm 12369547 60533 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65418) Transcribed from: (Early English Books Online ; image set 60533) Images scanned from microfilm: (Early English books, 1641-1700 ; 906:12) Reasons why the Parliament of Scotland cannot comply with the late K. James's proclamation sent lately to that kingdom, and prosecuted by the late Viscount Dundee : containing an answer to every paragraph of the said proclamation, and vindicating the said Parliament their present proceedings against him : published by authority. Welwood, James, 1652-1727. Graham, John, Viscount Dundee, 1648-1689. [6], 29 p. Printed for Dorman Newman ..., London : 1689. Reproduction of original in Huntington Library. Attributed to James Welwood. cf. NUC pre-1956. Epistle dedicatory signed: J.W. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng James -- II, -- King of England, 1633-1701. -- Proclamation against adherents of the Prince of Orange, 4 May 1689. Scotland. -- Parliament. Scotland -- Politics and government -- 1689-1745. 2003-08 TCP Assigned for keying and markup 2003-09 Apex CoVantage Keyed and coded from ProQuest page images 2003-10 Mona Logarbo Sampled and proofread 2003-10 Mona Logarbo Text and markup reviewed and edited 2003-12 pfs Batch review (QC) and XML conversion REASONS WHY THE PARLIAMENT of SCOTLAND Cannot comply with the Late King IAMES . ADVERTISEMENT . AN Answer to the Late King IAMES's Declaration to all His Pretended Subjects in the Kingdom of England , Dated at Dublin Castle , May 8. 1689. Ordered by a Vote of the Right Honourable the House of Commons , to be burnt by the Common-Hangman . REASONS WHY THE Parliament of Scotland Cannot comply with the Late K. IAMES's PROCLAMATION , Sent lately to that KINGDOM , And Prosecuted by the Late Uiscount Dundee . CONTAINING An Answer to every Paragraph of the said Proclamation ; and vindicating the said Parliament their present Proceedings against him . Published by Authority . LONDON : Printed for Dorman Newman , at the King 's - Arms in the Poultry . MDCLXXXIX . TO His GRACE THE Duke of Hamilton , &c. Their Majesties High Commissioner for the Kingdom of Scotland . May it please Your Grace , THE following Paper ambitionates no meaner Patron , than a Personage who has had the Honour , for a great many Years , to struggle against the Encroachments made on a Kingdom , whereof he himself is the First Peer ; and who has crown'd all his other Actions with that of giving a mighty and powerful Influence , on a Revolution that , it s hoped , may at last make us Happy . Accept of this as a part of that vast acknowledgment Your Countrey owe's You ; and Pardon the Address of May it please Your Grace , Your Grace's Most Humble , and Most Obedient Servant , I. W. London , Aug. 12. 1689. REASONS WHY THE PARLIAMENT OF SCOTLAND Cannot comply with the Late King IAMES , &c. IF one were to draw the Scheme of one of the most Despotick Governments in the World , he needed not go so far as Constantinople , Moscow , or some of the Eastern Courts , for a Copy to Design after ; Scotland alone might sufficiently furnish him with all the Idea's of Oppression , Injustice and Tyranny , concentred for the space of Twenty Years and upwards in that Kingdom . To display the Tragick Scene of these three Kingdoms in their most lively Colours , would require the imitation of that celebrated piece of Antiquity , the Sacrifice of Iphiginia , where every on-looking Graecian appeared sad , and the sadder as they stood in nearer relation to the Royal Victim : But the Painter , conscious of the weakness of Art , to express the grief of Agamemnon , chose rather to draw a veil over a disconsolate Father's Face , than vainly to endeavour the tracing the sorrows of his Countenance by the Pencil . England's dismal State , for some years past , requires to be exprest in mournful Characters , that of Ireland perhaps in more mournful yet ; but to delineate the unexampled misery of Scotland , surpasses the Power of History , or the Force of Eloquence . To look back upon Athens under the Government of the Thirty Tyrants , on Rome under the Triumvirate , or on these three Kingdoms under the Usurpation of Cromwel , might surnish some weak draughts , to take up a Notion of the late condition of that Nation ; but all of them would fall short of the Scotch ▪ Original . It were in vain to attempt the History of Scotland , under the two last Reigns , in a Paper of this kind ; the Materials being large enough for the most bulky Volume : And if ever I should venture upon it apart , it is more than probable , I might find that Maxim verified at my cost , Curae leves loquantur , ingentes stupent ; and the rather , that I am not altogether able to divest my self so far of Humanity , as to forget my own share in the Ruines of my Country . My design , at present , is only to make some Reflections on a Proclamation issued out by the late King Iames , with relation to his pretended Subjects of Scotland , dated at Dublin the Fourth of May last , Signed by Himself , and countersigned by my Lord Melfort ; in which it's hard to determine , whether ill Nature , or want of Politicks , takes most place , both of them outvying one another for Precedency . Only upon first view it will be found , that the late Conspiracy in that Kingdom , is the Native Consequence of this Proclamation ; and though that Plot had amounted to a design of Assassinating their Majesties High Commissioner , and the whole Members of Parliament ; yet the Actors of such a Villainy are not only by this Proclamation indemnified , but fairly invited and required so to do . The Proclamation begins thus : Iames , &c. To all our Loving Subjects of our ancient Kingdom of Scotland , Greeting . Whereas several of our Subjects , men of pernicious Principles and wicked Designs , have taken upon themselves , contrair to the Law of God , their Natural Allegiance to Us their Lawful and Undoubted Sovereign , the Laws and Acts of Parliament of that Our ancient Kingdom , to meet in an Assembly , to call themselves the States of that Kingdom , and therein treasonably and wickedly to question Our Authority , and to judge of Our Proceedings ; and finally to dispose of Our Imperial Crown , which We hold from God alone , Usurping Our Power which is not communicable to any , whether single Persons , or Bodies Collective , without Our Authority be interposed thereto : And that these Wicked and Lawless Persons still go on to oppress our People by heavy Burdens , Imprisonments , and other things grievous to Our Subjects , contrair to all Law and Equity , as well as to Our Royal Right and Prerogative , uniting themselves with the Prince of Orange and his Adherents . All these blustering Expressions might have a tolerable good Grace in the Mouth of the Grand Segniour , or Great Mogul , who vainly arrogate to themselves the High-flown Titles of King of Kings ; but if they can be at any rate excusable in King Iames , it must be upon the Supposition of these two Principles . First , That King Iames , as King of Scotland , was so far an Arbitrary and Despotick Prince , that he was not obliged to govern by Law , and could in no case forfeit his Right to the Crown . And Secondly , That he was unjustly , by the States of the Kingdom , laid aside . Now if it can be made appear , That in the first place , the Royal Dignity of Scotland is so far from being an Arbitrary and Despotick kind of Government , that it carries along with it , in its very Essence , a mixture of Interests betwixt King and People , and an obligation upon the King to govern , not by his own Edicts , or Will , but by the known Laws of the Land ; which are indeed the two great hinges of the Government : And in the second place , That King Iames did forfeit his Right to the Crown , by subverting these two fundamental Hinges of the Government , and thereupon that the States of the Kingdom did justly lay him aside : I say , if these two General Heads be made appear , then necessarily the other two supposed Principles fall in Consequence , and the above mentioned Narrative of the Proclamation as built upon them , must tumble with them . As to the First General Head , That the Royal Dignity of Scotland is so far from being an Arbitrary and Despotick kind of Government , that it carries along with it , in its very Essence , a mixture of Interests betwixt King and People , and an obligation upon the King to govern according to Law. Here I shall not run up the length that our Histories have with any probability traced the Affairs of our Nation , where we may , upon the one Hand , find our selves one of the most Ancient Kingdoms of the World , under one Line of Kings ; So on the other , we shall meet all along the clearest prints of a bounded and mixed Government : Nor shall we be able , in all the changes of our Monarchy , to instance one of our Kings , that pretended to such an Absolute Power over his Subjects , as every one of them was to obey without reserve ; the new coining of these Words , and the making use of the thing signified by them , being reserved for the Reign of the late King Iames : Nor will I presume to pass Censure upon some Acts of Parliament made of late , that have stretch'd the Prerogative of the King , and the Obedience of the Subject beyond their ordinary limits ; Acts of Parliament being , in my Opinion , only subject to the Censure of those that can unmake them . I shall only ( to put this General Head beyond question ) take a short hint of the Nature of the Government of Scotland , as it is agreed to by all Parties ; and then fix upon that particular Constitution , by which the King is obliged to govern according to the Laws of the Kingdom . That the Government of Scotland , notwithstanding all the Acts of Parliament made in the last two Reigns , in favour of the Prerogative , was and is a mixed sort of Government , is clear from this part of its constitution , That the three Estates of Parliament , and every one of them , are equally as necessary and essential to the making of Laws , as the King is . It is the King , and the three Estates of Parliament all together , that make Laws , and not the King alone , nor the three Estates , nor the King with any one or two of the three Estates : Here there is one Negative Vote lodged in the King , and another lodged in the Parliament ; for albeit the King , or his Commissioner , should bring in a Bill in Parliament , stampt with the Royal Assent , the Estates of Parliament , by their Negative Vote , may deny their Concurrence , and thereupon it proves an Abortive ; so on the other hand , what-ever Sanctions are enacted by the Estates of Parliament , they amount no higher than so many dead Letters , till once the King withdraw his Negative , and imprint upon them his enlivening Assent . This being the Native uncontroverted Constitution of our Government , I would fain know what becomes of our new coin'd Absolute Power , which all were to obey without reserve ; since a Power in the People , to deny their Concurrence with the King , in making of Laws , is an uncontroverted essential part of the Original Constitution . And to place this in as clear a light as possible , let us suppose the King should cause be presented to the Parliament , somewhat in form of an Act , and should back it with a Command to the Estates , to give their Concurrence ; in this case , by the Absolute Power we are to obey without reserve , the Parliament is directly obliged to concur ; and thereby that essential part of the Government , which gives them a Negative Vote in making of Laws , is totally unhinged : Yea farther , though the King should , without consulting his Parliament , lay his Commands upon his Subjects , in matters that natively require a Parliamentary Sanction , such as Taxes , and the like ; this late assumed Absolute Power does as much inforce obedience thereto , as if there were an Act of Parliament concurring ; because , if it should be pretended that such a Sanction is illegal , as not done in Parliament ; that very pretence it self is a reserve upon their Obedience , and all reserves whatever , King Iames was pleased to exclude . In fine , if a Man be obliged to obey without reserve , then all Laws and Acts of Parliament , cease ipso facto to become obligatory , when once the King takes it upon him , by Vertue of this Absolute Power , to command the contrary . As the Government of Scotland is in it self a mixed Government , so likewise our Ancestors have been so careful to preserve it in an equal poize , that they have thought fit ex superabundante , to bind up the King from invading the fundamental Constitution , or venturing on an unlimited Power , by the most Sacred Tye among Men , a Solemn Oath and Promise at his Coronation , to govern according to the Laws of the Land , that is , these made by the King and Parliament : And this Obligation upon the the King to govern according to Law , I take to be the second fundamental Hinge of our Government . That there was a Contract betwixt the King and People , equivalent to a Coronation Oath , at the very first founding of our Monarchy , we have considerable Vestiges in our History : And in Corbred's time , he is said to have Sworn , Se majorum consiliis aquieturum : i. e. That he should be determined by the advice of the Elders ; which at that time must needs be something of the Nature of Parliaments : And Gregory , named the Great in our Antiquaries , was Sworn to maintain the Liberties of the Christian Religion : And Mackbeth another of our Kings , is said to be Sworn to maintain the Commons of the Realm . Yea , the Kings of Scotland were so far from pretending to an unlimited Power over their Subjects , That we find in Finnanus's Reign , the Tenth of our Kings , a formal Stipulation betwixt him and the People in these ▪ Words , That the Kings in time coming , should do nothing of any great Concernment without the Authority of their publick Counsel ; that he should manage no publick business which belonged to the Kingdom , without the advice and conduct of the Elders , nor should make Peace or War , nor enter into Leagues , or break them by himself , without concurrence of these Elders , and the Heads of the Tribes . This continued a fundamental Law of the Kingdom for a great many Ages ; and the breach of it prov'd fatal to a great many succeeding Kings . This I mention , not because that I approve so narrow boundaries of the Royal Prerogative , as to be divested of the Power of entring into Leagues , and of making Peace and War ; but to evince , that there was an express Contract betwixt the King and People , and that the King did not pretend to hold his Imperial Crown of God alone , as the Penner of King Iames his Declaration expresses it . The Coronation Oath of Scotland , during the time of Popery , was express , as to governing the People according to the Laws of the Land ; but because it also contained an obligation to maintain the Heirarchy and Errors of Rome , it was altered at the Reformation , and made to relate to the Reformed Religion , as then established by Law , and was enacted to be taken by all the succeeding Kings of Scotland , at their Coronation : By it they are to Promise and Swear , as in the presence of the Eternal God , That they shall during the whole course of their Life , serve the same Eternal God , according as he is revealed in his most Holy Word ; and shall , according to that same Word , maintain the true Religion , the Preaching of the Holy Word , the due Administration of the Sacraments , Now received and preached within the Realm of Scotland ; that is , upon the matter , the same as to Swear to be of the Reformed Religion , since that Religion was established , as the Religion of the Nation , previous to this Act. Thereafter the King is to Swear by the same Oath , That he shall rule the People committed to his charge , according to the Command of God , and according to the Laws and Constitutions received in this Realm . Here I must confess my own weakness , in the point of the late King Iames's Accession to the Crown ; for my reason could never persuade me of any Right he could justly claim to it , as long as this Act of Parliament , enacting this Coronation Oath to be taken by all succeeding Kings , was in force ; since he neither did , nor could Swear it . Thus the two fundamental Hinges of the Government of Scotland , being First , That the Laws the People are to be governed by , are such as are made by the King and Parliament : And Secondly , That the Government be administred by the King according to these Laws from the Obligation of a Coronation Oath : If either the King alone , or the three Estates by themselves , take upon them to make Laws , then the one Hinge is broken off ; and if the Government be not administrated by the King according to these Laws , then the other Hinge is broken off also ; and in either or both of these Cases , the Constitution is at an end and our Legal Government ceases . Before I come to the other General Head proposed , There is one Objection that lies naturally in my way , which I judge necessary to be removed . When I speak of Laws being only made by the King and the Three Estates of Parliament , it will be told me by a certain sort of Men , That this late Act of Parliament of their present Majesties Reign , Abolishing Episcopacy , seems to infringe that fundamental Constitution ; because one of the Three Estates is thereby removed , viz. that of the Bishops . This is easily answered , when I have told them , That before the Reformation , the Three Estates of Parliament were thus reckon'd up , the Archbishops , Bishops , Abbats , Priors , and Commendator of the Order of St. Iohn of Ierusalem , made up the First Estate , and were named the Lords Spiritual ; the Temporal Lords made up the Second ; and the Representatives for Counties and Burroughs together , made up the Third : But at the Reformation , in respect of our being reformed by Presbyters , and of the great opposition of the Bishops to the Reformation it self , the Parliament was pleased not only to abolish the Errors of the See of Rome , but also the Hierarchy of Bishops , with all their Privileges and Honours , whereof that , of being the First of the ▪ Three Estates , was one . The Church of Scotland having continued under the Government of Presbyters , for a great many years , King Iames the First of England , sound a way to restore Episcopacy , in spight of the strugling Genius of the Nation : And albeit at that time the Bishops , by a tacit consent , took their places in Parliament ; yet , whether by neglect or design I know not , they were never restored to that Privilege ▪ of being accounted one of the Three Estates ▪ of Parliament ; but were ever since reputed to make up but a part of one Estate , in conjunction with the Temporal Lords ; the Second being ▪ the Representatives of Counties ; and the Third these of the Burroughs . This account I judge the fitter to give , that a great many , who have not the occasion of being acquainted with the Constitution of our Country , are inclinable to think , that our reckoning up of the Three Estates , is parallel with that of England ; when indeed there can be nothing more different . England owed its Reformation to Bishops , whereof some of them had the Glory of Sealing it with their Bloud ; and that Order has ever since afforded the greatest Luminaries of the Church . When Popery was abolished in England , the Heirarchy of Bishops was so far from being laid aside , that it continued in the same State , as to all its Privileges , and particularly that of being the first distinct State of Parliament , as they found it at the Reformation . What I have advanced in point of the present reckoning up of the Three Estates of Scotland , will appear farther beyond all doubt , if we consider , That in most of the Parliaments of King Iames the First his Reign , there was none of the order of Bishops , the Hierarchy being not yet restored ; and yet the Validity of these Parliaments were never called in question , in any of the succeeding Reigns . I come now to the Second General Head proposed , viz. Whether or not the late King did forfeit his Right to the Crown , by subverting the above-mentioned two fundamental Hinges of the Government , and if thereupon the Estates did justly lay him aside . In inquiring into this , I shall not give the Reader the trouble of enumerating the several Cases , in which the greatest Champions of Regal Prerogative allow , Kings may forfeit their Right ; though such a digression might be pardonable , being that King Iames's Proclamation insinuates fairly , that in no case it can happen . I confess , I am so great a Friend to Monarchy , as being the best of Governments , and most suitable to the Genius of our Nation ▪ that I could not wish it Precarious , nor the Royal Prerogative sunk below what our Parliaments , preceding the two last Reigns , have determined it : And I think the late King Iames had reason to say of the Laws of Scotland , the same he was pleased to say of these of England , That they were sufficient to make the King as great a Monarch as he could wish . There are a great many Arguments that inforce the unreasonableness of that Opinion , That Kings may be called to an account for every mis-management ; and indeed , it would seem much safer for the People , many times , to lie under the incroachments of their Princes , then to endeavour a redress by a Remedy , that proves often worse than the Disease : And therefore it is not mis-managements in general , though many and great , that unmakes a King , but only such as shake and subvert the Essence of the Government , and unhinge the fundamental Constitution of the Kingdom . And if mis-managements of this kind can be justly charged upon the late King , it follows necessarily , that immediately upon his so doing , our Constitution is at an end , and our Legal Government dissolved ▪ and thereupon He ceased to be our King , and We to be his Subjects . And how far the late King is thus chargeable , will appear in the following Considerations . That the First Fundamental Hinge of our Constitution , viz. That the Laws the People are to be governed by , be made by the King and Parliament , was subverted by the late King , is evident , in his assuming a Power to annul and disable Laws , by his two Proclamations for a toleration , Anno 1686. For a Power to ease , annul , and disable Laws , is as much a part of the Legislature , as a Power to make Laws ; since properly , none can unmake Laws , but those that made them ; Yea , it would seem , that Power to annul Laws , should be greater than that which made them , considering that all Nations by their Practice have agreed to this , as a Principle in Politicks , That to abrogate an ancient Custom or Law , is one of the greatest stretches of the Legislature , and should be the Result of the most deliberate and sedate Consultations . So that the Late King , by assuming a power to annul Laws , made by King and Parliament , did at the same time arrogate to himself a power , at least as great , if not greater , than that of both King and Parliament together . Moreover , That the annulling of Laws is equivalent to the making of Laws , is plain , in the Case before us ; for there are a great many Laws incapacitating Roman-Catholicks to enjoy publick Offices and Benefices : Now when King Iames assum'd a power to annul these Laws , and from an absolute Power , which every one was to obey without reserve , was pleas'd to capacitate these Persons , whom the Laws made by King and Parliament had incapacitated , This was equivalent , in the opinion of both the Giver and Receiver , and had the same effects , as if there had been an Act of Parliament expresly made in their favours . But not only did the Late King in his Declarations for Liberty of Conscience , by annulling of Laws , take upon him a power equivalent to that of making of Laws , but did in a direct and express manner invade the Legislature lodged in King and Parliament , by his imposing on his Subjects an Oath contrary to Law , and , which even the King and Parliament together could not impose , because it was in it self a subversion of the Constitution , as being an obligation to support a Power directly destructive to both the fundamental hindges of the Government . By this Oath the Subjects were oblig'd to the utmost of their power , to defend , assist , and maintain the King and his Successors in the exercise of their Absolute Power ; and thus , as the Oath was created by this Absolute Power , so the Absolute Power must be supported by this Oath , and thereby all the remnants of natural Liberty , or a Legal Government , were extinguish'd , being the Subjects were oblig'd by oath to maintain the exercise of that which plainly destroy'd them . Some have been at a loss to find out the Reason of the difference of Styles in the Late King's Declaration for liberty of Conscience in England , and that of Ours ; the Imperial Language of annulling and disabling of Laws being left out in the English one , and in their stead , the softer words of dispensing with Laws , made use of . I confess I know no other reason of this different Conduct , but that we were brought to that state of Slavery , that it was not worth the while to dissemble his Designs against us ; and the English requir'd to be somewhat better smooth'd over , because they had not been so fully accustomed to an Arbitrary Government . Thus I have made out , that King Iames , both by consequence , and directly , did invade the Legislature , which is the main hindge of the Constitution , and thereby subverted the Government : And if the Government was subverted , it must necessarily follow , that the Kingly Power was subverted with it ; and all our Tyes of Allegiance , whether founded upon oath , or otherwise , are extinguish'd , when the Constitution we were oblig'd to maintain , is dissolved ; and the King of himself had divested himself of that Authority , which we were to defend and obey . And if it be necessary to determine the time when this Dissolution happen'd ; I answer , That albeit for these many years our Slavery was design'd , and a great many steps made to it , which , perhaps , taken all together , might amount to a Consequential Subversion of the Government ; yet without all doubt , in that Declaration for Liberty of Conscience , dated the 12th of February 1686 ▪ which asserted an Absolute Power , which every one was to obey without reserve ; and thereupon a power to disable Laws , the Late King finisht his Design , and our Ruine : And from that Critical Moment I must fix the Epocha of the Subversion of the Scotch Government . But because there are some People so ridiculously fond of Slavery , that they cannot endure to hear that any of the Kings of Scotland can forfeit his Right , which I beg leave to say , is nonsense to deny , in the case of a total subversion of the Government , as this in question is . I would sain know why such a thing as forfaulture should be lookt upon as so monstrous in Scotland ? We find that the Late King did not only assume a Prerogative to annul and disable Laws , and such a power as we were not only to obey without reserve , but to swear to maintain . We find that by virtue of this Prerogative and Power thus assumed , He did actually annul and disable a great many Laws for security of our Religion . Now suppose he had been pleas'd to impose Taxes upon his People without a Parliament , and had levied them by his own Army or Dragoons borrowed from the Invincible Monarch , and had to boot annulled all our Laws made for the security of our Rights and Properties : And in fine , Suppose he had been pleas'd to lay aside the whole body of our Laws , by one of these Royal Edicts , which all were to obey without reserve . I would willingly know of these Gentlemen , By what name to call such Practices ; and whether in this case , we are patiently to suffer a King to subvert the whole frame of our Government , and to render Bondslaves those that were born free Subjects to the protection and privilege of Laws . And such suppositions are both possible , and , perhaps might have been actually existent , if some had continued at the Helm a year or two longer . I might here resume some things with relation to this Absolute Power assum'd by the Late King ; and the word Invincible necessity , mention'd in his first Declaration for Liberty of Conscience , which I had occasion to hint at in my Answer to the late Declaration to his Pretended Subjects of England , &c. but I am not so fond of my own Notions , as to repeat them twice ; and the rather , that the entertainment the World was pleas'd to give that Paper , infinitely beyond what it deserved , makes me think , that This can come to the hands of few , who have not seen the other . Only I must say this , I take no pleasure to aggravate the faults of any , or make the Consequences of them look more ghastly than they are in themselves ; much less would I be guilty of such a thing toward Crown'd Heads . However , I am not able to alter the just appearance of this , That the publick Safety can never be secured in any Constitution whatsoever , and that the Ends of the Government are quite lost , if the Person who subverts it , doth not at the same time destroy and forfeit his own share in it . I come to the second member of the second general Head , viz. To inquire whether or not the Late King Iames did subvert that other main hinge of the Government of Scotland , which I have explain'd to be an obligation to govern by the Laws made by the King and Parliament ; and thereupon , if the Estates of the Kingdom did justly lay him aside ? This Inquiry is indeed no difficult , though an ungrateful and meloncholly task . For what man that loves his Countrey , can look back upon its ruines , without emotions of tenderness ! To enumerate all the dismal Instances of the subversion of this hinge of our Government , for the space of many years , requires such a Pen as sung the Fall of Troy , or the Destruction of Thebes . And as the Subject merits to be set beyond the power of Oblivion , I cannot but hope that this fertile Age will produce some one , that shall dare to imitate Sueton's Character , by writing the Lives of some of the Great , tanquam ipsi vixerint ; and handle down to Posterity the fatal Methods us'd for enslaving a free-born People . And rather than the memory of these Transactions should perish for want of a better Historian to perpetuate them , I may perhaps be induc'd to venture my own Reputation in doing it , short of what the Tragick Theme may bear , than that it shoud not be done at all . But to confine this Head to as few words as possible ; It 's equally evident , that the Late King Iames did subvert this Fundamental of the Government , as well as the former ; For so far was he from governing according to the Laws made by King and Parliament , that his whole Government , especially since the time of his assuming a dispencing and annulling Power , was a continned downright opposition to Laws . Here I need do no more , but refer the Reader to the Printed Instrument of Government for setling the Crown of Scotland upon their present Majesties ; in which we have contain'd a Summary of the Late King 's more palpable and gross breaches of this Fundamental of the Constitution , and which I shall only explain a little , for the benefit of those that are Strangers to our Countrey . King Iames did not only lay aside a great many Laws and Acts of Parliament made against saying of Mass ▪ and against Iesuits and Seminary Priests , but would needs , in the greatest and most publick Cities of the Kingdom , erect publick Schools and Societies for Iesuits and Seminary Priests , and did apply no inconsiderable part of the Publick Revenue to that use . And farther , He was pleas'd frankly to invade the Property of the Subjects , by inverting summarly , without any previous Sentence , several Protestant Churches and Chappels into publick Mass-houses , and particularly the great Church of Hollyroodhouse within the Capital City of the Kingdom , the ancient Burying-place of our Kings , that had been a Paroch Church ever since the Reformation . In spite of Law , He not only caus'd to be erected Popish Printing-houses for printing Popish Books , but refus'd to allow the Printing of Protestant ones , merely because ▪ they were against the King's Religion . He not only did Invade the Laws of the Land , but the most Tender part of the Law of Nature , in taking Protestant Noblemen and Gentlemens Children from their Parents and Friends , to be Educated in Foreign Popish Universities : As ▪ particularly the Earl of Wigton , and his only Brother , two of the most hopeful Gentlemen , and one of the Noblest and Ancientest Families of Scotland , were Ravish'd from the Arms of their Mother the Countess of Crawford , where neither the Prayers nor Tears of the young Noblemen themselves , nor the Generous Offer of the Earl of Crawford , to Educate them upon his own Charges , were able to prevent so hard a Fate , Lundie , one of the most Antient Families of the Gentry of the Kingdom , and who had the honour to be among the first Reformers from Popery , tho of an Age that made him Master of himself , was searched for , in order to be sent the same Errand ; and that in a manner only becoming the Action . In open Defiance of a great many Laws to the contrary , the Late King Iames was pleased to fill up some of the most Important Places of the Government with Roman Catholicks ; such as Chancellor , Secretaries of State , Commissioners of the Thesaury , Lords of Privy-Council , Session , and Exchequer . He was pleased to commit the Great Magazine of the Kingdom , the Government of the Castle of Edinburgh , and the Custody of the Regalia , to one of that Religion ; and to fill up a great many Important Places of the Army , with the same Men that the Laws had render'd Incapable . Our Laws have wisely adapted the measure of Punishment to the Nature of the Crime ; some infering the loss of Chattels , and others the loss of Life and whole Estate , whether in Lands or Chattels ; and this last , our Law calls a Forfaulture , and is only inflicted upon the most Attrocious Criminals ; King Iames did so far Subvert this Reasonable part of our Constitution , that some of his Ministers did impose upon some Thousands of People , Fines that far exceeded their whole Estates , and consequently amounted to a Forfeiture ; and all this , upon such Imaginary Crimes as this , Because the Wife went not to Church once in three Weeks , tho the Husband did it ; and I am able to instance above 400 thus Fin'd , or rather Forfeited , for the like Minute Crimes , within the Bounds of one single County . It 's an uncontroverted Principle of our Law , That no man can be condemn'd to die , but upon his being found guilty of the Crime by a Iury of Fifteen Men. Notwithstanding of this great Security of our Lives and Fortunes , King Iames was pleased to grant Commissions to Military Officers , impowering them to put to Death without either Iury , Tryal , or Record ; and which Commissions were as boldly put in Execution . Nothing seems more directly founded on the Law of Nature , than that a Man should not be depriv'd of his Liberty , without showing him a Cause for it ; yet how many hundreds have been in a manner buried alive in a sort of Dungeons , for several years , without being told to this very day , what was their Crime . The Burroughs of Scotland were always reputed as one of the Estates of the Kingdom , and by their Charters ratified in Parliament , were Vested with a Power to Elect their own Magistrats ; yet King Iames did so far trample upon the Liberties of this Third Estate , that without the pretence of either Surrender , Consent or Sentence , he was pleased to Impose upon them for Magistrates , those that were Strangers , and not Free of their Corporations , and a great many of them Roman Catholicks . It were in vain to endeavour to confine to this Paper , all the Instances of King Iames his Subverting this Hinge of our Constitution , viz. The obligation to Govern according to Law : I shall conclude with one Paramount Instance , that entails an Eternal Blot upon the Government of the Late King , and upon the late Iustice of our Nation ; I mean , the Indictment of high Treason against that Noble Person the late Earl of Argyle ; of whom , to say too much were impossible ; and to say too little , were a Crime . It 's true , this Affair was Transacted in the Late King Charles his Reign , but it justly merits the glory of being accounted one of King Iames's Managements , since he was his Brother's Commissioner , and upon the place at the time , and the source and promoter of that great Person 's Ruine . One would think that it needs must have been some horrid Crime that could obliterate all the eminent Services done by this Nobleman to the Crown , even in its lowest figure , that could provoke Iustice to convict him of no less than High Treason , to taint his Blood , and declare his Family Ignoble ; to forfeit his Estate ; to extinguish his Honour , the first of its Rank in the Kingdom ; and to sentence Himself to die the death of a Traytor , and all this to happen within a few weeks after that he had been seen to move in the highest Orb of favour , and to entertain the then Duke of York with the greatest magnificence at his House in Stirling . King Charles had reason to call this Crime of the Earl of Argyle's , a Metaphysick kind of Treason , and a thing he could never make sense of . But that those who are strangers to our Kingdom , may have a short hint of this unintelligible Affair , I beg leave to inform them , That in the Parliament , where the Late King Iames represented his Brother as High Commissioner , there was an Oath or Test enacted to be taken by all Persons in publick Offices ; in which Test , there were some things contained so hard of digestion , and of apparent contradiction in it self , that a great many Persons of all Ranks , scrupled it upon that score . Yea , the universal dislike of it at first was such , as oblig'd the Bishop of Edinburgh , and afterward the Privy Council it self , to emit a publick explanation of this Test , and therein to piece up , in the best manner possible , the seeming Contradictions contained in it . Notwithstanding of all this , and that most of the Clergy , especially of the North , did take this Test and Oath , with , and under express Explanations , and were by Authority allowed them ; yet the Earl of Argyle had his Life , Honour , and Fortune sacrific'd , for venturing on that which the meanest Countrey Minister was permitted . But that the Ages to come , may know the very words , wherein this Chymereal Treason lay , and thereby be the better capacitate to have a true value of the Learning and Integrity of those Gentlemen that had the honour of finding it out . I shall repeat the very Expressions which were declared by the plurality of his judges to be in themselves High-Treason : which are these , according as they are set down in the Indictment , upon which he was found guilty . I have considered the Test , and am very desirous to give obedience as far as I can . I am confident the Parliament never intended to impose contradictory Oaths , and therefore I think no man can explain it but for himself , and reconcile it as it is genuine , and agrees in its own sense ; and I take it in so far as it is consistent with the Protestant Religion , and it self : And I do declare , I mean not to bind up my self in my Station , and in a lawful way , to wish , and endeavour any alteration I think to the advantage of Church or State , and not repugnant to the Protestant Religion , and my Loyalty ; And this I understand as a part of my Oath . Behold the transcendent Crime that brought one of the Greatest and Ancientest Families of our Nation to ruine , and at last , one of the greatest and best of its Subjects to the Block ; and therein an unexampled Instance of an Arbitrary Power , that scorn'd to be bounded by the mean and weak Bonds of Iustice and Law , but could boldly venture upon all that uses to be sacred among men , when it was found needful to sacrifice to Revenge any that might have the honour to oppose the Design of introducing Popery , and Arbitrary Power . It 's to be regretted , that Death has exempted from a Temporal Bar the rest of this Nobleman's Iudges , that gave their vote against him , and has left us behind but one of them ; B. of F. a Person Iustice must stoop to , before she can meet him ; and whom Heaven has denied any Qualities that might render him a suitable Victim for the atonement of so Illustrious Blood. Here it is but reasonable , that I should mention with honour a great many noble and generous Persons , who merit to have their Names affixt on the Temple of Fame to After-ages , for the glory of daring to make what opposition they could to the enslaving their Countrey : Some of whom , neither Places of Preferment , nor the honour of sitting at the Council-board , and on the Bench , could tempt to betray the Liberties of the Nation ; and of whom others were proof against the Frowns of Princes , and could not be frighted by the loss of Imployments and Disgraces , from their Duty . But this fertile Subject I leave to a better Pen. Thus , I hope , I have made it appear , That the two great Hinges of the Government of Scotland are , that the Laws the People are governed by , be made by King and Parliament : And that the Government be administred according to these Laws . I have also prov'd , That the Late King Iames has subverted both these two Hinges of the Government ; and thence , that our Constitution was dissolv'd , and our Obligations of Obedience , and Oaths of Allegiance to that King , are extinguish'd , and at an end . From all which it must follow by a necessary Consequence , without necessity of proving it , That the Estates of the Kingdom did justly fill up the Throne , vacant by the dissolution of the Government ; and thereby the above-mentioned Narrative of King Iames's Proclamation has now no more force than a Bull of Excommunication in Countreys where the Thunders of the Vatican have lost their force . There is but one Objection that can be made with any shadow of reason against King Iames his obligation to govern by Law , and it is so trivial , that it scarce requires an Answer ; and it 's this , That he never took the Coronation-Oath , and therefore cannot be charged with unhinging that part of our Constitution , To govern according to Law. To this , all I shall say , is first , He was obliged to take it , as being an Oath enacted to be taken by all the Kings of Scotland ; and it were most unreasonable , that his Fault in not taking it , should put him in a better Condition , or us in a worse , than if he had taken it . Secondly , Whoever accepts the Regal Dignity in right of Succession , is thereby understood to assume the Government with , and under the same Conditions and Limitations that his Predecessors were under : So that King Iames , by accepting the Crown of Scotland in Right of Succession to his Brother , That very Right that entail'd upon him the Crown which was once his Brother's , does at the same time entail also upon him the necessary and Essential Conditions of the Government , as they were stated in his Brother's time . The rest of the Proclamation runs thus . By all which they have incurr'd the guilt and pains of High-Treason ( meaning the Parliament , as mentioned in the former part ) and Rebellion against Us , and Our Authority . Therefore We hereby declare the saids wicked Persons assembled , as aforesaid , consenting to such Proceedings , Rebels and Traytors : Willing and requiring you , and all our Good Subjects to take notice hereof , that you give them no obedience ▪ concourse , or assistance ; But that to the utmost of your power you rise in Arms against , assault , attach and destroy them , their Assistants and Abettors , and to take and apprehend them , and bring them to condign punishment , according to the Laws and Acts of Parliament of that Kingdom ; their Estates and Goods to seize , and imploy for Our use , or your own subsistence , in Our Service . And for whatever shall happen in prosecution of this Our Will and Pleasure , This shall be to you , and all others concern'd , a sufficient Warrand and Command : And for all blood-shed , slaughter , mutilation , fire-raising , or other damage done to these Rebels , their Accomplices , Assisters , Abettors , their Lands , and Inheritances , Goods , or Possessions , a sufficient Indemnity , Pardon , Warrand and Approbation , for now and ever : The which all our Iudges are to explain in the most favourable and extensive sense the words can bear , in favours of Our saids Subjects , obeying Our said Order as aforesaid . Declaring , We will make good to Our Subjects whatever We promis'd them in Our Declarations in favours of the Protestant Religion , and Liberty of Conscience , to all who will live peaceably , and Rights and Properties of our People . Given at Dublin ; &c. I would not have been at the pains to transcribe these Expressions , if I did not think that the very reading of these unexampled Invitations to Slaughter , Fire-raising , &c. should excite a just horror in the minds of all men , of what we are to expect , if ever Heaven , for the punishment of our Ingratitude , should suffer us to fall under the Power of the Prince that uses them . And I have chose rather to pass them over with a bare repeating of them , than by such an Answer as perhaps they require , add Reflections upon a Prince , who has his Fortune too much sunk already , and whom a great many Considerations obliges me always to treat with all possible Respect . FINIS . ADVERTISEMENTS . A Seasonable Discourse wherein is Examined what is Lawful during the Confusions and Revolutions of Government ; Especially in the Case of a King deserting his Kingdoms : And how far a Man may lawfully conform to the Powers and Commands of those , who with Various Successes hold Kingdoms . Whether it be Lawful ▪ I. In Paying Taxes . II. In Personal Service . III. In Taking Oaths . IV. In giving himself up to a final Allegiance . As also , Whether the Nature of War be Inconsistent with the Nature of the Christian Religion . Sold by Rich. Ianeway , in Queen's-Head Court in Pater-Noster-Row . Ioannis Georgii Graevii Oratio de Auspicatissima Expeditione Britannica . Cum Potentissimus & Invictissimus Guilielmus Arausionensis Princeps , Angliae , Galliae & Hiberniae Rex inauguraretur , Die xi Aprilis , Auctoritate Praepotentium & Illustrium Ordinum Trajectinae Dioeceseos , Habita 1689. Impensis D. Newman , ad Insignia Regalia in Vico vulgo vocato the Poultry . 
A66135	----	His Majesties gracious letter to the meeting of the Estates of his ancient kingdom of Scotland William R. William III, King of England, 1650-1702. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A66135 Wing W2334 ESTC R20554 12444778 ocm 12444778 62193 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66135) Transcribed from: (Early English Books Online ; image set 62193) Images scanned from microfilm: (Early English books, 1641-1700 ; 951:2) His Majesties gracious letter to the meeting of the Estates of his ancient kingdom of Scotland William R. William III, King of England, 1650-1702. Scotland. Convention of Estates. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh : 1689. Announces intent to form Scottish Parliament. At end of text: "Given at our court, at Hampton-Court, the seventeenth day of May, one thousand six hundred and eighty nine, and of our reign the first year". Broadside. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament. Broadsides -- Scotland -- Edinburgh -- 17th century 2008-02 TCP Assigned for keying and markup 2008-03 SPi Global Keyed and coded from ProQuest page images 2008-04 Elspeth Healey Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion His Majesties Gracious LETTER To the Meeting of the Estates of His Ancient KINGDOM of SCOTLAND . WILLIAM R. My Lords and Gentlemen , THE Commissioners sent by you have presented your Letter to Us , with your Petition , or Claim of Right , the Grievances , and your Address for turning you into a Parliament , which were all Read in Our Presence ; after which the Queen and We did take and Sign the Oath tendered to Us by your said Commissioners , which ( by GOD'S assistance ) We will Religiously observe . At our first Engaging in this undertaking , We had particular Consideration and Regard for Scotland , and therefore We Emitted a Declaration for that , as well as this Kingdom , which We intend to make good and effectual to you , and you shall always find Us ready to Protect you , and Assist you in making such Laws as may secure your Religion , Liberties , and Properties , and prevent or redress what ever may be justly grievous to you . We shall never believe , that the true Interest of the People and the Crown can be opposite ; and shall always account that Our greatest Prerogative , to Enact such Laws as may promote Truth , Peace , and Wealth in Our Kingdoms . At your Desire , We have Resolved to turn you ( who are the full Representatives of the Nation ) into a Parliament ; But , because the Instructions to Our Commissioner , and other things Necessary , cannot be expected before the Twenty one Instant , to which you are Adjourned ; Therefore , We do Authorize you to Adjourn your Selves to the Fifth day of June Next , against which time you are to Require all your Members to be Present ; That then you may Proceed with Unity , and Alacritie , to Dispatch what Affairs do most Conduce to the Right Settlement of that Nation . And as We do assure you , on Our Part , that We will not put the Advantages the Crown may have , in the Ballance , with the True Interest of the Kingdom : So We do expect on yours , that ( all Animosities , and Private Interests being laid aside ) you will Cheerfully Concur with Us , in settling the welfare of the Kingdom , by such Laws as may procure your own Happiness , and establish the Publick Good. And so We bid you Heartily Farewell . Given at Our Court , at Hampton-Court , the seventeenth day of May , one thousand six hundred and eighty nine , and of Our Reign the first Year , By His Majesties Command , MELVILL . EDINBVRGH , Printed by the Heir of Andrew Anderson , By Order of the Convention of Estates , Anno DOM. 1689. 
A66140	----	His Majesties gracious letter to the Privy Council of Scotland, for adjourning the Parliament England and Wales. Sovereign (1689-1694 : William and Mary) 1690 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A66140 Wing W2337 ESTC R222315 99833498 99833498 37975 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66140) Transcribed from: (Early English Books Online ; image set 37975) Images scanned from microfilm: (Early English books, 1641-1700 ; 2182:12) His Majesties gracious letter to the Privy Council of Scotland, for adjourning the Parliament England and Wales. Sovereign (1689-1694 : William and Mary) William III, King of England, 1650-1702. 1 sheet ([1] p.) by the heir of Andrew Anderson, [Edinburgh : 1690] Imprint from Wing. At end: Given at our court at Kensigtoun, the twentieth day of March, 1689/90. And of our reign, the first year. Reproduction of the original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Privy Council -- Early works to 1800. 2008-02 TCP Assigned for keying and markup 2008-03 SPi Global Keyed and coded from ProQuest page images 2008-04 Emma (Leeson) Huber Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion His Majesties Gracious LETTER to the Privy Council of SCOTLAND , for Adjourning the PARLIAMENT . WILLIAM R. RIght Trusty and right entirely beloved Cousin and Counsellor , right trusty and entirely beloved Cousin and Counsellor , right trusty and right well beloved Cousins and Counsellors , right trusty and well beloved Cousins and Counsellors , right trusty and well beloved Counsellors , and trusty and well beloved Counsellors , We Greet you well . The earnest desire We have of bringing all the Counsels and Deliberations of Our Parliament to a happy Close , and with as general satisfaction as is possible , moves Us upon some very serious considerations , to stop their proceedings for a very short time , until some matters before them be so Prepared , and some Interests so Adjusted , as their Unanimity thereafter may encourage all good Men , and disappoint those , who being as well enemies to Our Parliament as to Us , place much of their vain hopes upon apparent Divisions amongst them . If Our Affairs here had allowed Our Presence with them , as We once designed , We should have judged this worthy of Our immediat endeavours ; But in Our absence We have recommended to the Lord Melvill Our Commissioner ( in whose fidelity to Us , unstained affection to Religion , and to the National Interest , Our Parliament , as well as We , may justly confide ) to take such methods for removing these evils , with their causes , as may best conduce to prepare Matters for their Consideration , and bring Our good Subjects to that Concord and Unity in Our Service , as shall make , We hope , that Meeting to be called , The happy and healing Parliament . We therefore Require you forthwith to Adjourn the Meeting of Our Parliament , from the Twenty seventh day of March instant , to the Fifteenth day of April thereafter , and to issue forth a Proclamation in Our Names , Continuing and Adjourning Our Parliament to the said day , and Requiring all the Members thereof , to be present then in the usual Manner , at the accustomed Place , and under the Certifications appointed by Our Laws . For doing whereof , this shall be to Our Commissioner , and to you a sufficient Warrand ; And so We bid you heartily Farewel . Given at Our Court at Kensingtoun , the Twentieth day of March , 1689 / 90. And of Our Reign , the first year . 
A67509	----	A journey to Scotland giving a character of that country, the people and their manners. By an English gentleman. With a letter from an officer there, and a poem on the same subject. Ward, Edward, 1667-1731. 1699 Approx. 44 KB of XML-encoded text transcribed from 10 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A67509 Wing W743 ESTC R220840 99832225 99832225 36697 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A67509) Transcribed from: (Early English Books Online ; image set 36697) Images scanned from microfilm: (Early English books, 1641-1700 ; 2102:10) A journey to Scotland giving a character of that country, the people and their manners. By an English gentleman. With a letter from an officer there, and a poem on the same subject. Ward, Edward, 1667-1731. Cleveland, John, 1613-1658. Rebel Scot. aut 16 p. [s.n.], London : printed in the year M DC XC IX. [1699] "English gentleman" = Edward Ward; attribution from Wing and NUC pre-1956 imprints. Caption title on p. 3: A character of Scotland. Poem on pp. 14-16 has caption title: "The rebel Scot"; copy cataloged has MS. attribution on p. 14: "By Cleaveland" [i.e. John Cleveland, 17th century poet]. Copy has stained title page and considerable print show-through. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Description and travel -- Early works to 1800. Scotland -- History -- 17th century -- Poetry -- Early works to 1800. 2003-02 TCP Assigned for keying and markup 2003-04 Apex CoVantage Keyed and coded from ProQuest page images 2003-05 John Latta Sampled and proofread 2003-05 John Latta Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion A JOURNEY TO SCOTLAND , GIVING A CHARACTER OF THAT Country , the People and their Manners . By an English Gentleman . WITH A LETTER From an OFFICER there , AND A POEM On the same SUBJECT . LONDON : Printed in the Year M DC XCIX . A CHARACTER OF SCOTLAND . IF all our European Travellers direct their Course to Italy , upon the account of its Antiquity , why should Scotland be neglected , whose wrinkled surface derives its Original from the Chaos ? The first Inhabitants were some Straglers of the faln Angels , who rested themselves on the Confines , till their Captain Lucifer provided places for them in his own Countrey . This is the Conjecture of Learned Criticks , who trace things to their Originals ; and this Opinion was grounded on the Devil's Brats , yet resident amongst them , ( whose fore-sight in the events of good and evil , exceeds the Oracles at Delphos ) the supposed Issue of those Pristine Inhabitants . Names of Countries were not then in fashion , those came not in till Adam's days , and History ( being then in her Infancy ) makes no mention of the changes of that Renowned Countrey , in that Interval betwixt him and Moses , when their Chronicle commences , she was then Baptised ( and most think with the Sign of the Cross ) by the Venerable Name of Scotland , from Scota , the Daughter of Pharaoh King of Egypt . Hence came the Rise and Name of these present Inhabitants , as their Chronicle insorms us , and is not to be doubted of , from divers considerable Circumstances ; the Plagues of Egypt being entailed upon them , that of Lice ( being a Judgment unrepealed ) is an ample Testimony , these loving Animals accompanied them from Egypt , and remain with them to this day , never forsaking them ( but as Rats leave a House ) till they tumble into their Graves . The Plague of Biles and Blains is hereditary to them , as a distinguishing Mark from the rest of the World , which ( like the Devil 's cloven Hoof ) warns all Men to beware of them . The Judgment of Hail and Snow is naturalized and made free Denison here , and continues with them from the Sun 's first ingress into Aries , till he has passed the 30th . degree of Aquary . The Plagues of Darkness was said to be thick Darkness , to be felt , which most undoubtedly these People have a share in , as the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( Darkness ) implies ; the Darkness being appliable to their gross and blockish understandings ( as I had it from a Scholar of their own Nation . ) Upon these Grounds this Original is undeniably allowed them , and the Countrey it self ( in Pyramids ) resembles Egypt , but far exceeds them both in bulk and number ; theirs are but the Products of Mens Labours , but these are Nature's own handy-work ; and if Atlas would ease a Shoulder , here he may be fitted with a Supporter . Italy is compared to a Leg , Scotland to a Louse , whose Legs and engrailed Edges represent the Promontories and Buttings out into the Sea , with more Nooks and Angles than the most conceited of my Lord Mayor's Custards ; nor does the Comparison determine here : A Louse preys upon its own Fosterer and Preserver , and is productive of those Minute-Animals called Nitts ; so Scotland , whose Proboscis joyns too close to England , has suckt away the Nutriment from Northumberland , as the Countrey it self is too true a Testimony , and from its opposite A — , has calved those Nitty Islands , call'd the Orcades , and the Shetland , ( quasi Shite-land ) Islands . The Arms of the Kingdom was anciently a Red-Lyon Rampant , in a Field of Gold , but Ann. Dom. 787. they had the Augmentation of the double Tressure , for assisting the French King ; but His Majesty's Arms in Scotland is a more Hysteron Proteron , the Pride of the People being such , as to place the Scots Arms in the dexter Quarter of the Escutcheon , and make the Unicorn the dexter Supporter , with the Thistle at his Heel , with a suitable Motto , Nemo me impune lacessit , true enough ; whoever deals with them shall be sure to smart for 't : The Thistle was wisely placed there , partly to shew the Fertility of the Countrey , Nature alone producing Plenty of these gay Flowers , and partly as an Emblem of the People , the top whereof having some colour of a Flower , but the bulk and substance of it , is only sharp and poysonous Pricks . Woods they have none , that suits not with the Frugality of the People , who are so far from propagating any , that they destroy those they had upon this politick State Maxim , that Corn will not grow on the Land pestered with its Roots , and their Branches harbour Birds , Animals above their humble Conversation , that exceeds not that of hornless Quadrupedes ; marry , perhaps , some of their Houses lurk under the shelter of a plump of Trees ( the Birds not daring so high a presumption ) like Hugh Peter's Puss in her Majesty , or an Owl in an Ivy-bush . Some Firr-Woods there are in the High-lands , but so inaccessible , that they serve for no other use than Dens for those ravenous Wolves with two Hands , that prey upon their Neighbourhood , and shelter themselves under this Covert ; to whom the sight of a Stranger is as surprizing as that of a Cockatrice . The Vallies for the most part are covered with Beer , or Bigg , and the Hills with Snow ; and as in the Northern Countries the Bears and Foxes change their Coats into the Livery of the Soil , so here the Moor-Fowl ( called Termagants ) turn white , to suit the Sample , though the Inhabitants still stand to their Egyptian Hue. They are freed from the charge and incumbrance of Enclosures , the whole being but one large Waste , surrounded with the Sea : Indeed in many places , you may see half a Root of Land divided with an Earthen Bank , into many differing Apartments , according to the quality of Beasts that are to posses● them . The whole Countrey will make up a Park , Forest , or Chace , as you 'll please to call it ; but if you desire an Account of particular Parks , they are innumerable , every small House having a few Sodds thrown into a little Bank about it , and this for the State of the business ( forsooth ) must be called a Park , though not a Pole of Land in 't . If the Air was not pure and well refined by its agitation , it would be so infected with the Stinks of their Towns , and the Streams of their nasty Inhabitants , that it would be pestilential and destructive ; indeed , it is too thin for their gross Senses , that must be fed with suitable Viands , their Meat not affecting their distempered Pallats , without it have a damnable hogoe , nor Musick their Ears without loud and harsh Discord , and their Nostrils ( like a Jew's ) chiefly delight in the perceptible effluviums of an old Sir R — . Fowl are as scarce here as Birds of Paradise , the Charity of the Inhabitants denying harbour to such Celestial Animals , though Gulls and Cormorants abound , there being a greater sympathy betwixt them . There is one sort of ravenous Fowl amongst them that has one web foot , one foot suited for Land , and another for Water ; but whether or no this Fowl ( being particular to this Countrey ) be not the lively Picture of the Inhabitants , I shall leave to wiser Conjectures . Their Rivers , or rather Arms of the Sea are short , few places in Scotland being above a day's Journey from the Sea , but they are broad , deep and dangerous pestered , with multitudes of Porposses or Sharks ( some of them perhaps amphibious too , that live more on Land than Water ) which destroy their Salmon , the great Commodity of this Countrey , which being too good for the Inhabitants , are barreled up , and converted into Merchandize , &c. The Banks and Borders , of these Rivers ( especially near their Towns ) are adorned with hardy Amazons , though inverted , their Valour being ( chiefly ) from the waste downwards , which parts they readily expose to all the dangers of a naked rencounter . The exercise of their Arms , I should say Feet , is much about Linnen ; Sheets are sufferers , a fit receiver is provided ( not unlike a shallow Pulpit to mind them of their Idol Sermons ) wherein foul Linnen is laid to suffer Persecution , so they turn up all , and tuck them about their wasts , and bounce into a Buck-tub , then go their Stock , and belabour poor Lint till there be not a dry thread on 't . Hence came the Invention of Fulling-Mills , the Women taught the Men , and they put in practice . The Countrey is full of Lakes and Loughs , and they well stockt with Islands , so that a Map thereof , looks like a Pillory-Coat , bespattered all over with Dirt and rotten Eggs , some pieces of the Shells floating here and there , representing the Islands . Their Cattle are only representatives of what are in other Countries , these being so Epitomized , that it is hard to know what Class they relate to . Their Horses are hardy , and not without Gall ( as some say other Horses are ) using both Tooth and Nail to mischief you ; that they may not use more state than their Masters , they go bare-foot , which preserves them from the Gout ; and if Hudibras's Horse had been of this Race , he had not needed a Corn-cutter : Their Furniture or Harness is all of the same matter , all Wood from Head to Tail , Bridle , Saddle , Girths , Stirrups and Crupper , all Wood ; nothing but a Withy will bind a Witch , and if these be called Witches , I shall not oppose it , since by their untoward Tricks , one would guess the Devil to be in them ; their Bridles have not Bits , but a kind of Musrol of two pieces of Wood ; their Crupper is a Stick of a Yard's length , put cross their Docks , both ends thereof being tied with woven Wood to the Saddle . Their Bed and Board too , is all of the same dry Straw , and when they have it up , whip on Harness , and away . Their Neat are hornless , the Owners claiming sole Propriety in those Ornaments , nor should I deny them their Necklace too , for methinks that hoisted Wood would mightily become them . Their Sheep too have the same preferment , they are coupled together near their Master's Palace . Some Animals they have by the name of Hogs , but more like Porcupines , bristled all over , and these are likewise fastned to the Free-hold by the former Artifice ; all their Quadrupedes ( Dogs only excepted , in which sort they much abound ) are honoured with Wooden Bracelets about their Necks , Legs , or Arms , &c. Their Cities are poor and populous , especially Edenborough , their Metropolis , which so well suits with the Inhabitants , that one Character will serve them both , viz. High and Dirty . The Houses mount seven or eight Stories high , with many Families on one Floor , one Room being sufficient for all Occasions , Eating , Drinking , Sleeping , and Shit — The most mannerly step , but to the Door , and Nest upon the Stairs . I have been in an Island where it was difficult to tread without breaking an Egg ; but to move here , and not murder a T — is next to an impossibility ; the whole Pavement is Pilgrim-salve , most excellent to liquor Shooes withal , and soft and easie for the bare-foot Perambulators . The Town is like a double Comb ( an Engine not commonly known amongst them ) one great Street , and each side stockt with narrow Allies , which I mistook for Common shores ; but the more one stirs in a T — the more it will stink . The other Cities and Towns are Copies from this Original , and therefore need no Commentators to explain them ; they have seven Colleges ( or rather Schools ) in four Universities ; the Regents wear what colour'd Cloaths or Gowns they please , and commonly no Gowns at all , so that 't is hard to distinguish a Scholar from an ordinary Man , since their Learning shines not out of their Noses ; the younger Students wear Scarlet Gowns only in Term time ; their Residence is commonly in the Town , only at School hours they convene in the College to consult their Oracle Buchanan ; their chief Studies are for Pulpit preferment , to prate out four or five Glasses with as much ease as drink them ; and this they attain to in their stripling years , commencing Masters of Arts ( that is meant only Masters of this Art ) before one would judge them fit for the College ; for as soon as they can walk as far as the School ( which they will do very young , for like Lapwings they run with Shells on their Heads ) they are sent thither , where they find no Benches to sit on ( only one for the Master ) but have a little Heath and Fadder strewed for them to lie upon , where they litter together , and chew the Cud on their Fathers Horn books , and in good time are preferred to the Bible ; from this petty School , away with them to the Grammar-School , viz. the College , where in three or four years time they attain to ( their ne plus ultra ) the degree of A. M. that is , they can extempore , coin Graces and Prayers for all Occasions ; if you crack a Nut , there is a Grace for that , drink a Dish of Coffee , Ale or Wine , or what else , he presently furnishes you with a Grace for the nonce ; so if you pare your Nails , go to Stool , or any other action of like importance , he can as easily suit you with a Prayer , as draw on a Glove ; and the wonder of all is , that , this Prayer shall be so admirably framed , that it may indifferently quadrate with any occasion , an excellency no where so common as in this Countrey . Thus you see the young Man has commenced and got strength enough to walk to the Kirk and enter the Chair , where we shall find him anon , after we have viewed the out-sides of their Kirks , some of which have been of Antient Foundations , and well and regularly built , but Order and Uniformity is in perfect Antipathy to the humour of this Nation , these goodly Structures being either wholly destroyed ( as at St. Andrews and Elgin , whore by the remaining Ruins you may see what it was in perfection ) or very much defaced ; they make use of no Quires , those are either quite pulled down , or converted into another Kirk , for it is common here to have three , four , or five Kirks under one Roof , which being preserved entire , would have made one good Church , but they could not then have had Preaching enough in it : Out of one Pulpit now they have thirty Sermons per Week , all under one Roof , plenty of spiritual Provision , which gusts much better with a mixture of the Flesh ; as you may guess by their Stools of Repentance in every Kirk , well furnished with Whoremongers and Adulterers of both Sexes . In Venice , the shadows only of Curtezans are exposed to publick view only in Effigic , but here the Whore in Person has a high place provided her in the view of the whole Congregation for the benefit of Strangers , who ( some think ) need not this direction , but may truck for all Commodities , with the first they meet with . They use no Service-Book , not Whore of Babylon's Smock ( as they term a Surplice ) nor decency , nor order in their divine , or rather contumelious Service . Would a King think himself honoured by Subjects , that petitioned him with Bonnet valed , but cockt his Cap the while his request was granting , while precious Mr. Presbyter , grimaces , prays or houls , the Monster Rabble vails ; but as soon as Text is taken , Blew-bonnet takes place again , and this Pulpit-prater is esteemed more than God's Ambassador , having the Holy Spirit at his beck to prompt him every word he speaks , yet not three sentences of sence together , such Blasphemy as I blush to mention . Their Christnings ( as all other things ) are without Form , only Water poured on the Infant , and such words used as Sir John's Mephistophilus supplies him with , and so the Child commences Christian , as good ( or better ) than the best of them . Some think Marriage an unnecessary thing amongst them , it being more generous and usual amongst them to take one another's words ; however , 't is thus performed , the young Couple being attended with Tag-rag and Bob-tail , gang to Kirk , where Mr. Scruple ( like a good Casuist ) controverts the point in hand to them , and schools Mr. Bridegroom in his Lesson , then directs his Discourse to Mrs. Bride , who being the weaker Vessel , ought to have the more pains taken with her ; he chalks out the way she is to walk in , in all its particulars , and joyns their hands , and then let them fall to on God's Name : Home they go with loud ravishing Bag-pipes , and dance about the Green , till they part by Couples to repetition , and so put the Rules in practice , and perhaps Sir Roger follows Mrs. Bride to her Apartment , to satisfie her doubts , where he uses such pungent and pressing Arguments , as she never forgets as long as she lives . When any one dies , the Bell-man goes about ringing their Passing-Bell , and acquaints the People therewith , in form following , Beloved Brouthrin , and Susters , I let yau to wot that thir is an fauthful Broothir lawtli departed awt of this prisant varld , and thi plesuir of Aulmoughti Good ( and then he vails his Bonnet ) his Naum is Volli Voodcock , thrid Son to Jimmoy Voodcock , a Cordinger ; he ligs aut thi sext door vethin thi Nord Gawt , close on thi Nawthwr Rawnd , and I wod yaw gang to hus burying on Thrusdau before twa a Clock , &c. The time appointed for his Burying being come , the Bell-man calls the Company together , and he is carried to the Burying-place , and thrown into the Grave ( as Dog-Lyon was ) and there 's an end of Wolli . Few People are here buried in their Kirks ( except of their Nobility ) but in the Kirk Garths , or in a burying place on purpose , called the Hoof , at the further end of the Town ( like our Quakers ) enclosed within a Wall , so that it serves not only as a Burying place , but an Exchange to meet in ; perhaps in one part of it their Courts of Judicature are kept ; in another are Butts to shoot at for Recreation . All agree that a Woman's Tongue is the last Member she moves , but the Latin Proverb , mulieri ne credas , &c. seems to prove it after death : I am sure the pride of this People never leaves them , but follows them to their long homes ( I was about to have said , to the Devil ) for the meanest Man must have a Grave stone full fraught with his own Praises ( though he was the vilest Miscreant upon Earth ) and miserable memento mori's , both in English and Latin , nay , Greek too , if they can find a Greek word for Cordinger , the Calling he was of , and all this in such miserable Scotch Orthography , that 't is hard to distinguish one Language from another . The Castles of defence in this Countrey are almost impregnable , only to be taken by Treachery or long Siege , their Water failing them soonest ; they are built upon high , and almost inaccessible Rocks , only one forc'd passage up to them , so that a few Men may easily defend them . Indeed , all the Gentlemens Houses are strong Castles , they being so Treacherous one to another , that they are forced to defend themselves in strong holds ; they are commonly built upon some single Rock in the Sea , or some high Precipice near the mid-land , with many Towers and strong Iron Grates before their Windows ( the lower part whereof , is only a wooden Shutter , and the upper part Glass ) so that they look more like Prisons than Houses of Reception ; some few Houses there are of late erection , that are built in a better form , with good Walks and Gardens about them , but their Fruit rarely comes to any perfection . The Houses of the Commonalty are very mean , Mud-wall and Thatch the best ; but the poorer sort live in such miserable Hutts as never Eye beheld , it is no difficulty to piss over them ; Men , Women and Children pigg altogether in a poor Mouse hole of Mud , Heath , and such like matter ; in some parts where Turf is pentiful , they build up little Cabbins thereof , with arched Roots of Turf , without a stick of Timber in it ; when the House is dry enough to burn , it serves them for Fuel , and they remove to another . The Habit of the People is very different , according to the Qualities , or the Places they live in , as Low-land or High-land Men. The Low-land Gentry go well enough habited , but the poorer sort go ( almost ) naked , only an old Cloak , or a part of their Bed-cloaths thrown over them . The Highlanders wear slashed Doublets , commonly without Breeches , only a Plad tied about their Wasts , &c. thrown over one Shoulder , with short Stockings to the Gartering place , their Knees , and part of their Thighs being naked ; others have Breeches and Stockings all of a piece , of Plad-Ware , close to their Thighs ; in one side of their Girdle sticks a Durk or Skean , about a Foot or half a Yard long , very sharp , and the back of it filed into divers notches , whereie they put Poyson ; on the other side a brace ( at least ) of brass Pistols ; nor is this Honour sufficient , if they can purchase more , they must have a long swinging Sword. The Women are commonly two handed Tools , strong-posted Timber , they dislike English-Men , because they have no Legs , or ( like themselves ) Posts to walk on ; the meaner go bare-foot and bare-head , with two black Elflocks on either side their Faces ; some of them have scarce any Cloaths at all , save part of their Bed cloaths pinn'd about their Shoulders , and their Children have nothing else on them but a little Blanket ; those Women that can purchase Plads , need not bestow much upon other Cloaths , these Coversluts being sufficient . Those of the best sort that are very well habited in their modish Silks , yet must wear a Plad over all for the Credit of their Countrey . The People are Proud , Arrogant , Vain-glorious Boasters , Bloody , Barbarous , and Inhumane Butchers . Couzenage and Theft is in perfection amongst them , and they are perfect English haters , they shew their Pride in exalting themselves and depressing their Neighbours . When the Palace at Edenburgh is finished , they expect his Majesty will leave his rotten House at White Hall , and live splendidly amongst his nown Countrey-men the Scots ; for they say that Englishmen are very much beholden to them that we have their King amongst us . The Nobility and Gentry Lord it over their poor Tenants , and use them worse than Gally Slaves ; they are all bound to serve them , Men , Women , and Children ; the first Fruits is always the Landlord's due , he is the Man that must first board all the young married Women within his Lairdship , and their Sons are all his Slaves , so that any mean Laird will have six , or ten , or more followers , besides those of his own Name , that are inferiour to him , must all attend him ( as he himself must do his Superiour , of the same Name , and all of them attend the Chief ) if he receives a Stranger , all this Train must be at his beck , armed as aforesaid ; if you drink with them in a Tavern , you must have all this Rubbish with you ; and if you offend the Laird , his Durk shall soon be sheathed in your Belly , and after his , every one of his Followers , or they shall suffer themselves that refuse it , that so they may be all alike guilty of the Murder : Every Laird ( of note ) hath a Gibbet near his House , and has Power to condemn and hang any of his Vassals ; so they dare not oppose him in any thing , but must submit to his Commands , let them be never so unjust and tyrannical . There are too many Testimonies of their Cruelty amongst themselves in their own Chronicles , Forty of their Kings have been barbaroufly Murdered by them , and half as many more have either made away themselves for fear of their torturing of them , or have died miserably in streight Imprisonment . What strange Butcheries have been committed in their Feuds , some of which are in agitation at this day , viz. Argile with the Macclans , and Mac Donnels about Mula Islands , which has cost already much Blood , and is likely will cost much more before it be decided ; their Spirits are so mean , that they rarely Rob , but take away Life first , lying in Ambuscade , they send a brace of Bullets on Embassy through the Traveller's Body ; and to make sure work , they sheath their Durks in his liveless Trunk ; perhaps , to take off their fire Edges , as new Knives are stuck in a Bag pudding . If an Highlander be injured , those of his own Name must defend him , and will certainly have satisfaction from the Offenders : A late instance whereof was at Inverness , ( a considerable Town ) where one of the Macdonnels was slain , but shortly , the chief of the Name came down against the Town with 1500 Men of his own Name , and threatned to fire the Town , but the Inhabitants compounded with them for 2000 l. Their Cruelty descends to their Beasts , it being a Custom in some places to feast upon a living Cow they tie in the middle of them , near a great Fire , and then cut Collops of this poor living Beast , and broil them on the Fire , till they have mangled her all to pieces ; nay , sometimes they will only cut off as much as will satisfie their present Appetites , and let her go till their greedy Stomachs calls for a new supply ; such horrid Cruelty as can scarce be parallel'd in the whole World ! Their Theft is so well known , that it needs no proving , they are forc'd to keep Watch over all they have , to secure it ; their Cattel are watch'd day and night , or otherwise they would be over-grown by morning . In the High-lands they do it publickly before the face of the Sun , if one Man has two Cows , and another wants , he shall soon supply himself from his Neighbour , who can find no Remedy for it . The Gentry keep an Armory in their own Houses , furnish'd with several sorts of Fire Arms , Pikes and Halberts , with which they Arm their Followers , to secure themselves from the Rapine of their Neighbourhood . The Lowland Language may be well enough understood by an Englishman , but the Highlanders have a peculiar Lingua to themselves , which they call Erst , unknown to most of the Lowland Men , except only in those places that border on them , where they can speak both : Yet these People are so currish , that if a Stranger enquire the way in English , they will certainly answer in Erst , and find no other Language than what is forc'd from them with a Cudgel . If Cornelius Agrippa had travelled Scotland , sure Cookery had not been found in his Vanity of Sciences , such is their singular Skill in this Art , that they may defie the World to rival them ; King James's Treat for the Devil , that is , a Poll of Ling , a Joll of Sturgeon , and a Pigg , with a Pipe of Tobacco for digestion , had been very compleat , if the ordering thereof had been assigned to a Cuke of this Countrey , who can sute every Dish with its proper Hogo , and bring Corruption to your Table , only to mind Men of Mortality : Their Meat is Carrion when 't is kill'd , but after it hath been a Fortnight perfuming with the aromatick Air , strained through the calmy Trunks of Flesh-flies , then it passes the trial of Fire under the Care of one of those exquisite Artists , and is dish'd up in a Sea of sweet Scotch Butter , and so covered and served hot up to the Table : O how happy is he that is placed next to it , with a privilege to uncover it , and receive the hot steams of this dainty Dish , almost sufficient to cure all Distempers . It will be needless to instance in particulars so plain and evident to all that have travell'd through the Countrey , that they may certainly bear away the Bell from all their Neighbouring Nations , or indeed from the whole World. Their Nobility and Gentry have Tables plentifully enough furnish'd , but few or none of them have their Meat better order'd : To put one's Head into their Kitchen doors , is little less than destructive ; to enter Hell alive , where the black Fairies are busied in mangling dead Carcases , and the Fire and Brimstone , or rather stew and stink , is ready to suffocate you , and yet ( which is strange ) these things are agreeable to the humours of the People . The poorer sort live on Haddock , Whiting , and sour Milk , which is cryed up and down the Streets ( Whea buyes sawer Milk ) and upon the stinking Fragments that are left at their Lairds Table . Prodigious Stomachs , that like the Gulon , can feed on their own Excrements , and strain their Meat through their Stomachs , to have the pleasure of devouring it again ! Their Drink is Ale made of Beer-Malt , and Tunned up in a small Vessel , called a Cogue ; after it has stood a few hours , they drink it out of the Cogue , Yest and all ; the better sort , Brew it in larger quantities , and drink it in wooden Queighs , but it is sorry stuff , yet excellent for preparing Birdlime ; but Wine is the great Drink with the Gentry , which they pour in like Fishes , as if it were their natural Element ; the Glasses they drink out of , are considerably large , and they always fill them to the brim , and away with it ; some of them have arrived at the perfection to tope Brandy at the same rate : sure these are a Bowl above Bacchus , and of right , ought to have a nobler Throne than a Hogshead . Musick they have , but not the Harmony of the Spheres , but loud terrene Noises , like the bellowing of Beasts ; the loud Bag pipe is their chief Delight , stringed Instruments are too soft to penetrate the Organs of their Ears that are only pleased with sounds of substance . The High-ways in Scotland are tolerably good , which is the greatest Comfort a Traveller meets with amongst them ; they have not Inns , but Change Houses ( as they call them ) poor small Cottages , where you must be content to take what you find , perhaps Eggs with Chucks in them , and some Lang Cale ; at the better sort of them , a Dish of chopp'd Chickens , which they esteem a dainty Dish , and will take it unkindly if yon do not eat very heartily of it , though for the most part you may make a Meal with the sight of the Fare , and be satisfied with the steam only , like the Inhabitants of the World in the Moon ; your Horses must be sent to a Stablers ( for the Change Houses have no Lodging for them ) where they may feed voluptuously on Straw only , for Grass is not to be had , and Hay is so much a stranger to them , that they are scarce familiar with the Name of it . The Scotch Gentry commonly travel from one Friend's House to another , so seldom make use of a Change House ; their way is to hire a Horse and a Man for two Pcnce a Mile ; they ride on the Horse thirty or forty Miles a day , and the Man who is his Guide , foots it beside him , and carries his Luggage to boot . The best sort keep only a Horse or two for themselves and their best Friend , all the rest of the Train foot it beside them . The Commonalty are so used to worship and adore their Lairds , that when they see a Stranger in any tolerable Equipage , they honour him with the Title of Laird at least , An 't please you my Laird such a one , or an 't please you my Laird Dr. at every ba●e word forsooth . The Nobility shew themselves very great before Strangers , they are conducted into the House by a many of his Servants , where the Lord with his Troop of Shadows receives them with the grand Paw , then enter into some Discourse of their Countrey , till you are presented with a great Queigh of Syrup of Beer , after that a Glass of White-Wine , then a Rummer of Claret , and sometimes after that a Glass of Sherry Sack , and then begin the round with Ale again , and ply you briskly , for it 's their way of shewing you'r Welcome by making you Drunk ; if you have longer time to stay , you stick close to Claret , till Bacchus wins the Field , and leaves the conquer'd Victims groveling on the place where they received their overthrow ; at your departure you must drink a Dongha Doras , in English a Stirrup Cup , and have the satisfaction to have my Lord's Bag-pipe ( with his loud Pipes , with his Lordship's Coat Armor on a Flag ) strut about you , and enchant you with a Loth to depart . Their Money is commonly Dollars , or Mark pieces , coined at Edenbrough , but their way of Reckoning is surprising to a Stranger ; to receive a Bill of a Hundred Pound in one of their Change-Houses , when one would not suppose they had any of the value of a Hundred Pence ; they call a Peny a Shilling , and every Twenty Shillings , viz. Twenty Pence , a Pound ; so the proportion of their Pound to ours , is Twelve to One. Strangers are sure to be grosly imposed upon in all their Change Houses , and there is no redress for it : If an Englishman should complain to their Magistrates , they would all take a part against him , and make sure to squeeze him . The Conclusion of the Abridgment of the Scotch Chronicle , is the rare and wonderful things of that Countrey ; as in Orkney , their Ews bring forth two Lambs apiece ; that in the Northermost of Shetland Islands , about the Summer Solstice , there is no Night ; that in the Park of Cumbernaule , are white Kine and Oxen ; that at Slanes there is a putrifying Water in a Cove ; that at Aberdeen is a Vitriolin Well , that they say is excellent to dissolve the Stone , and expel Sand from the Reins and Bladder , and good for the Colick , being drunk in July , &c. These prodigious Wonders in one Countrey are admirable , but these are not half of them . Loughness never freezes ; in Lough Lommond are Fishes without Fins : And 2dly . The Waters thereof rage in great Waves without Wind in calm Weather : And 3dly . and lastly , Therein is a floating Island : In Kyle is a deaf Rock twelve Foot every way , yet a Gun discharged on one side of it , shall not be heard to the other . In another place is a Rocking-stone of a reasonable bigness , that if a Man push it with his finger , it will move very lightly , but if he address his whole Force , it availeth nothing ; with many more marvels of like nature , which I would rather believe than go thither to disprove . To conclude the whole bulk and selvege of this Countrey , is all Wonder too great for me to unriddle , there I shall leave it as I found it , with its agreeable Inhabitants in A Land where one may pray with curst intent : Oh! May they never suffer Banishment . FINIS . A Description of Scotland , in a LETTER from an Officer in the Army , to his Friend in London . SIR , YOU may be sure it goes hard with a Soldier , when he is brought to his Prayers , and that is my Case and all with me , and would defire my Friends to join with me in them , that God would put it into His Majesty's Heart to call us out of this Kingdom , and to send us to any other part of the World ; for we can't lose by the Change , for here is neither Meat for Man nor Horse ; here is great store of Fowl , indeed , as foul Houses , foul Sheets , foul Linnen , foul Dishes , Pots , Trenchers , Napkins , &c. They have good store of Fish too , and good for those that can eat it raw ; but if it comes once into their hands , it is worse than if it was three days old . For their Butter and Cheese , I will not meddle withal at this time , nor no Man else at any time that loves his Life . The Country , I confess , is good for those that possess it , and too bad for others to be at the Charge to Conquer it . The Air might be wholsome but for the stinking People that inhabit it ; the Ground might be fruitful , had they Wit to manure it . They have good store of Deer , but they are so far from the Place where I have been , that I had rather believe than go to disprove it ; all the Deer I met withal , was dear Lodgings , dear Horse-Meat , dear Tobacco and English Beer . Fruit , for their Grandsire Adam's sake they never planted any , and for other Trees , had Christ been betrayed in this Countrey ( as doubtless he should , had he come as a Stranger ) Judas had sooner found the Grace of Repentance , than a Tree to hang himself on . They have many Hills , wherein they say is much Treasure , but they shew you none of it , Nature hath only discovered to them some Mines of Coal , to shew to what end he created them . There is little Grass to be seen but in their Pottage ; and Hay is Heathen Greek to them , neither Man nor Beast knows what it means . As to their Religion , it is such a Hodge-podge , there is no describing it . Their Sabbath Exercise is a Preaching in the Forenoon , and a Persecuting in the Afternoon ; they go to Church in the Forenoon to hear the Law , and to the Craggs and Mountains in the Afternoon to Louze themselves . They hold their Noses , if you talk of Bear-baiting , and stop their Ears , if you speak of a Play. Fornication they hold but a pastime , wherein Man's Ability is approved , and a Woman's Fertility discovered ; at Adultery they shake their Heads . Theft they rail at , and think it impossible to lose the way to Heaven , if they can but leave Rome behind them . The Ointment they use , is Brimstone and Butter for the Scabs . To conclude ; The Men of old did not more wonder that the great Messias should be born in so poor a Town as Bethlehem , than the World may wonder at , that England should have a Race of Kings from such a cursed Countrey as Scotland . Yours . THE Rebel SCOT . HOW ! Providence ! and yet a Scottish Crew ! Then Madam Nature wears black Patches too , What shall our Nation be in bondage thus Unto a Land that truckles under us ? Ring the Bells backward ; I am all on fire , Not all the Buckets in a Country-Quire Shall quench my rage . A Poet should be fear'd When angry , like a Comet 's flaming Beard . And where 's the Stoick can his wrath appease To see his Country sick of Pym's disease ; By Scotch Invasion to be made a Prey To such Pig-Widgin Myrmidons as they ? But that there 's Charm in Verse , I would not quote The Name of Scot without an Antidote ; Unless my head were red , that I might brew Invention there that might be Poyson too . Were I a drowzy Judge , whose dismal Note Disgorgeth Halters , as a Jugler's Throat Doth Ribbands ; Could I in Sir Empericks tone Speak Pills in phrase and quack destruction , Or roar like Marshal that Geneva Bull , Hell and Damnation a Pulpit full : Yet to express a Scot , to play that prize , Not all those Mouth Granados can suffice . Before a Scot can properly be curst , I must like Hocus , swallow Daggers first . Come , keen Iambicks , with your Badgers feet , And Badger-like bite till your Teeth do meet : Help ye tart Satyrists to imp my rage With all the Scorpions that should whip this Age. Scots are like Witches ; do but whet your Pen ; Scratch till the blood come , they 'll not hurt you then . Now as the Martyrs were enforc'd to take The shapes of Beasts , like Hypocrites at Stake I 'll bait my Scot so , yet not cheat your eyes ; A Scot , within a Beast , is no Disguise . No more let Ireland brag , her harmless Nation Fosters no Venom since that Scot's Plantation : Nor can our feign'd Antiquity obtain ; Since they came in , England hath Wolves again . The Scot that kept the Tower might have shown Within the Grate of his own Breast alone , The Leopard and the Panther , and ingross'd What all those wild Collegiats had cost . The honest High-shoes in their termly Fees , First to the Salvage Lawyer , next to these . Nature her self doth Scotchmen Beasts confess , Making their Country such a Wilderness ; A Land that brings in question and suspence God's Omnipresence , but that Charles came thence ; But that Montross and Crawford's Royal Band Atton'd their Sin , and Christned half their Land. Nor is it all the Nation hath these Spots , There is a Church as well as Kirk of Scots . As in a Picture where the squinting paint Shews Fiend on this side , and on that side Saint . He that saw Hell in 's melancholy Dream , And in the Twy-light of his Fancy's Theme Scar'd from his Sins , repented in a fright , Had he view'd Scotland had turn'd Proselite . A Land where one may pray with curst intent , Oh may they never suffer Banishment ! Had Cain been Scot , God would have chang'd his Doom , Not forc'd him wander but confin'd him home ; Like Jews they spread , and as Infection fly , As if the Devil had Ubiquity . Hence 't is they live at Rovers and defie This , or that place , Rags of Geography . They 'r Citizens o' th' World , they 'r all in all , Scotland's a Nation Epidemical . And yet they ramble not to learn the Mode , How to be drest , or how to lisp abroad ; To return knowing in the Spanish Shrug , Or which of the Dutch States a double Jug Resembles most in Belly , or in Beard , ( The Card by which the Mariners are steer'd ) No , the Scots Errant fight , and fight to eat , Their Ostrich Stomachs make their Swords their Meat . Nature with Scots as Tooth drawers hath dealt , Who use to string their Teeth upon their Belt. Yet wonder not at this their happy choice , The Serpent's fatal still to Paradise . Sure England hath the Hemorrhoids , and these On the North postern of the Patient seize , Like Leeches ; thus they Physically thirst After our Blood , but in the Cure shall burst . Let them not think to make us run o' th' score To purchase Villenage , as once before When an Act past to stroak them on the Head : Call them good Subjects , buy them Ginger-bread . Not Gold , nor Acts of Grace , 't is Steel must tame The stubborn Scot , a Prince that would reclaim Rebels by yielding , doth like him , or worse , Who saddled his own back to shame his Horse . Was it for this you left your leaner Soil , Thus to lard Israel with Egypt's Spoil . They are the Gospel's Life-guard ; but for them ( The Garrison of New Jerusalem ) What would the Brethren do ? The Cause ! The Cause ! Sack-Possets , and the Fundamental Laws ? Lord ! what a godly thing is want of Shirts ! How a Scotch-Stomach , and no Meat converts ! They wanted Food and Rayment ; so they took Religion for their Seamstress , and their Cook. Unmask them well , their Honours and Estate , As well as Conscience , are sophisticate . Shrive but their Title and their Moneys poize , A Laird and twenty pence pronounc'd with noise , When constru'd but for a plain Yeoman go , And a good sober two pence , and well so . Hence then you proud Impostors , get you gone , You Picts in Gentry and Devotion . You Scandal to the Stock of Verse , a Race Able to bring the Gibbet in disgrace . Hyperbolus by suffering did traduce The Ostracism , and sham'd it out of use . The Indian that ' Heaven did forswear , Because he heard some Spaniards were there ; Had he but known what Scots in Hell had been , He would Erasmus-like have hung between . My Muse hath done . A Voyder for the nonce , I wrong the Devil should I pick their Bones ; That Dish is his ; for when the Scots decease Hell like their Nation , feeds on Bernacles . A Scot when from the Gallow tree got loose Drops into Styx , and turns a Soland Goose. FINIS . 
A68712	----	His Majesties proclamation in Scotland: with an explanation of the meaning of the Oath and Covenant. By the Lord Marquesse, his Majesties high commissioner. Set forth by the Kings speciall licence Proclamations. 1638-12-08 Scotland. Sovereign (1625-1649 : Charles I) 1639 Approx. 31 KB of XML-encoded text transcribed from 11 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A68712 STC 22001.5 ESTC S100073 99835925 99835925 158 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A68712) Transcribed from: (Early English Books Online ; image set 158) Images scanned from microfilm: (Early English books, 1475-1640 ; 1025:10, 1291:10) His Majesties proclamation in Scotland: with an explanation of the meaning of the Oath and Covenant. By the Lord Marquesse, his Majesties high commissioner. Set forth by the Kings speciall licence Proclamations. 1638-12-08 Scotland. Sovereign (1625-1649 : Charles I) Hamilton, James Hamilton, Duke of, 1606-1649. Explanation of the meaning of the Oath and the Covenant. aut [2], 14; [2], 17, [1] p. printed by Robert Young, His Majesties printer for Scotland. 1639. Are sold at the Starre on Bread-street hill [by R. Young], London : [1639] Against acknowledging the Glasgow Assembly. Dated on b4v: Given .. the eighth day of December .. 1638. "An explanation of the meaning of the Oath and Covenant. .. London, printed by His Majesties printer for Scotland, anno Dom. 1639" by James Hamilton, Duke of Hamilton, has separate title page and pagination; register is continuous. The title page verso has the Duke's arms. Variant: lacking the arms. A variant of the edition with "sold at the Gun in Ivie-lane" in imprint; bookseller's name from STC. Identified as STC 22001 on UMI microfilm reel 1291; the "Explanation" separately identified as STC 12727 on reel 1025. Reproductions of the originals in the Henry E. Huntington Library and Art Gallery ("Early English books, 1475-1640"), and the British Library ("Early English newspapers"). Appears at reel 1025 (part 2 only) and at reel 1291 (same copy filmed twice). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- History -- Early works to 1800. Episcopacy -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-08 Paul Schaffner Sampled and proofread 2008-08 Paul Schaffner Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion AN EXPLANATION OF THE MEANING OF THE OATH AND COVENANT . PUBLISHED BY THE L. MARQUES , his Majesties High Commissioner in SCOTLAND , By the KINGS speciall command . printer's device of Robert Young R Y יהוה IVSTVS VIVET FIDE DEVS PROVIDERIT LONDON , Printed by His Majesties Printer for Scotland , Anno Dom. 1639. coat of arms of the Duke of Hamilton HONI SOIT QVI MAL Y PENSE THROVGHE WHereas some have given out , that by the Act of Councell , which explaineth the Confession of Faith lately commanded to be sworne by his Majesty , to be understood of the Confession of faith , as it was then professed and received , when it was made , and that in that Confession , defence both of the doctrine & discipline then established is sworn , at which time episcopall government being ( as they say ) abolished , it must needs follow , that the same government is by this late oath abjured . And understanding that even amongst those who continue together still at Glasgow , under the name of a generall Assembly , though but a pretended and unlawfull one , this objection is held to be of some moment , and used by them to the great disturbance of the peace of this church and kingdome , and to the great disquieting of the mindes of such his Majesties good subjects as have taken the said oath , and yet never meaned nor do mean to abjure episcopall government ; And to perswade others , that if they shall take the same oath thus explained by the said Act of Councell , by so doing they must likewaies abjure the said government : We James Marquesse of Hamiltoun , his Majesties high Commissioner , wondring that any such scrupulous misconstruction should be made of his Majesties gracious and pious intentions , and being desirous to remove all doubts from the minds of his Majesties good subjects , and to keep them from being poysoned by such as by forced and forged inferences would make them beleeve , that they had actually by taking that oath sworn that which neither virtually nor verely they have sworn , or ever intended to swear , or was required by authority to be sworn by them , either directly or indirectly : Considering that all oathes must be taken according to the minde , intention , and commandement of that authority , which exacteth the oath ; and that we , by speciall commandement from his sacred Maiestie , commanded the said oath to be administred , we do hereby freely and ingenuously professe and declare our mind and meaning herein , as we have constantly heretofore done since our coming into this kingdome about this imployment ; viz. That by any such words or act of councell we never meaned or intended that episcopall government should be abiured , nor any thing else which was established by acts of parliament , or acts of the church of this kingdome , which are now in force , and were so at the time of the taking of the said oath . Nor indeed could we have any other intention or meaning , being clearly warranted and expresly commanded by his Maiesties instructions , to exact the said oath , and take order that it should be sworn throughout the kingdome in that faire and lawfull sense , and none other . Neither in this point did we deliver our own words , or his Maiesties minde ambiguously or doubtfully , so as any other sense , to our thinking , could be picked or wrung out of either the one or the other ; for we do attest the Lords of the Councell , whether we did not to many , or all of them upon severall occasions in conference with them ever since our coming into this kingdom , constantly declare unto them , that his Maiesties resolution was not to suffer episcopall government to be abolished : We attest all the Lords of Session , whether before our tendering of that oath to them , or their Lordships taking of it , we did not fully and freely declare to them , that his Maiesties minde in commanding us to see this oath taken , and our own minde in requiring them to take it , was onely to settle and secure the religion and faith professed in this kingdome , but was not to be extended to the abiuring of episcopall government , or any other thing now in force by the laws of this church and state at the time of administring this oath , which their Lordships , being the reverend and learned Judges of the lawes , knew well could not be abiured ; after which perspicuous predeclaration of our minde , their Lordships undoubtedly in that same sense and none other took the said oath . And now , good Reader , having heard his Maiesties minde and intention , and in pursuance of them , the mind of his Maiesties high Commissioner concerning this oath , though reasons to repell the former obiection seem to be needlesse ( the known minde of the supreme Magistrate who urgeth an oath , being to be taken for the undoubted sense of it ) yet forasmuch as that obiection hath of late bin mainly urged for alienating the mindes of many of his Maiesties good subiects , and well affected to that government , from adhering unto it , be pleased to know , that the former obiection hath neither show nor force of reason in it , and that by the said oath and that explanation set down in the act of councell , episcopall government neither was nor possibly could be abiured , and that for many reasons , but especially these five , which we having seen and approved , have caused to be here inserted , and leave them to thine impartiall consideration . First , God forbid it should be imagined that his Majesty should command his subjects to take an oath which in it self is absolutely unlawfull : But for a man to swear against a thing which is established by the laws of the church and kingdome in which he liveth ( unlesse that thing be repugnant to the law of God ) is absolutely unlawfull , untill such time as that kingdome and church do first repeal these laws : And therefore episcopall government not being repugnant to the law of God , nay being consonant unto it , as being of apostolicall institution ( which shall be demonstrated if any man please to argue it ) and standing fully established , both by acts of parliament , and acts of generall assembly at the time when this oath was administred ; to abjure it before these acts be repealed , is absolutely unlawfull , and against the word of God : and it is to be hoped no man will conceive that his Majestie meaned to command a thing absolutely unlawfull . And if it should be said , as it is said by some , ( who not being able to avoid the force of reason , do betake themselves to pitifull shifts and evasions ) that these acts of parliament and assembly establishing episcopall government , were unlawfully and unduely obtained : certainly if they have any reasons for this their bold assertion , which is of a more dangerous consequence then that it ought to be endured in any well setled church or common-wealth ; these reasons may be presented lawfully to these judicatories to entreat them to reduce the saids acts , if there shall be strength and validity found in them . But to hold , that untill such time as these judicatories shall repeal the saids laws , they either ought to be , or can possibly be abjured , is a wicked position , and destructive of the very foundation of justice both in church and common-wealth . Secondly , it cannot be imagined that this oathshould oblige the now takers of it farther then it did oblige the takers of it at first : for doctrine and points of faith it did oblige them then , and so doth it us now , perpetually , because these points in themselves are perpetuall , immutable and eternall : But for points of discipline and government , and policie of the Church , that oath could binde the first takers of it no longer then that discipline and government should stand in force by the laws of this Church and Kingdome , which our Church in her positive confession of faith printed amongst the acts of Parliament , artic . 20.21 . declareth to be alterable at the will of the Church it self , and so repealable by succeeding acts , if the Church shall see cause . When a king at his coronation taketh an oath to rule according to the laws of his kingdome , or a judge at his admission sweareth to give judgement according to these laws , the meaning of their oaths cannot be that they shall rule or judge according to them longer then they continue to be laws : But if any of them shall come afterwards to be lawfully repealed , both king and judge are free from ruling and judging according to such of them as are thus lawfully repealed , notwithstanding their originall oath . Since therfore if the first takers of that oath were now alive , they could not be said to have abjured episcopall government , which hath been since established by the lawes of this church and kingdome , especially considering that this church in her confession holdeth church government to be alterable at the will of the church : certainly we repeating but their oath , cannot be said to abiure that government now , more then they could be said to do it if they were now alive and repeating the same oath . Thirdly , how can it be thought that the very act of his Maiesties commanding this oath should make episcopall government to be abiured by it , more then the covenanters requiring it of their associats , in both covenants the words and syllables of the confession of faith being the same ? Now it is wel known that many were brought in to subscribe their covenant , by the solemn protestations of the contrivers & urgers of it , that they might subscribe it without abiuring of episcopacie , and other such things as were established by law , since the time that this oath was first invented and made ; and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearly expressed themselves to that sense , holding these things for the present not to be abiured , but only referred to the triall of a free generall Assembly : and likewaies the adherers to the last protestation against his Majesties proclamation , bearing date the 9. of September , in their ninth reason against the subscription urged by his Maiesty , do plainly averre , that this oath urged by his Maiesty doth oblige the takers of it , to maintain Perth articles , and to maintain episcopacy . Why therefore some men swearing the same words & syllables should have their words taken to another sense , & be thought to abiure episcopall government , more then others who have taken the same oath in the same words , must needs passe the capacity of an ordinary understanding . Fourthly , it is a received maxime , and it cannot bedenied , but that oaths ministred unto us must either be refused , or else taken according to the known mind , professed intention , and expresse command of authority urging the same : A proposition , not onely received in all schools , but positively set down by the adherers to the said protestation totidem verbis in the place above cited . But it is notoriously known even unto those who subscribed the confession of faith by his Majesties commandment , that his Majestie not only in his kingdomes of England and Ireland , is a maintainer and upholder of episcopall government according to the laws of the said Churches and Kingdomes , but that likewaies he is a defender , and intends to continue a defender of the same government in his kingdome of Scotland , both before the time , and at the time when he urged this oath , as is evident by that which is in my Lord Commissioner his preface , both concerning his Majesties instructions to his Grace , and his Graces expressing his Majesties mind , both to the Lords of Councell , and to the Lords of Session ; and the same likewaies is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited : their words being these ; And it is most manifest that his Majesties mind , intention , and commandment , is no other but that the confession be sworn , for the maintenance of religion as it is already or presently professed ( these two being co-incident altogether one and the same , not only in our common form of speaking , but in all his Majesties proclamations ) and thus as it includeth , and continueth within the compasse thereof , the foresaids novations and episcopacie , which under that name were also ratified , in the first parliament holden by his Majesty . From whence it is plaine , that episcopacie not being taken away or suspended by any of his Majesties declarations , as these other things were which they call novations , it must needs both in deed , and in the judgment of the said protesters no waies be intended by his Majestie to be abjured by the said oath . Now both the major and that part of the minor which concerneth episcopall government in the Church of Scotland , being cleerly acknowledged by the protesters , and the other part of the minor concerning that government in his other two kingdomes being notoriously known , not only to them , but to all others who know his Majesty , how it can be imagined that his Majesty by that oath should command episcopacy to be abjured , or how any one to whom his Majesties mind concerning episcopall government was known , could honestly or safely abjure it , let it be left to the whole world to judge , especially considering that the protesters themselves in that place above cited , by a dilemma , which we leave to themselves to answer , have averred , that when that act of councell should come out , yet that it could not be inferred from thence that any such thing was abjured . Fifthly and lastly , if the explanation in that act of councell be taken in that not only rigid but unreasonable and senselesse sense which they urge , yet they can never make it appear , that episcopall government at the first time of the administring of that oath was abolished : The very words of that confession of faith , immediately after the beginning of it , being these , Received , beleeved , defended by many and sundry notable kirks and Realms , but chiefly by the kirk of Scotland , the Kings Majestie and three Estates of this realme , as Gods eternall truth & only ground of our salvation , &c. By which it is evident , that the subscription to this confession of faith is to be urged in no other sense then as it was then beleeved and received by the Kings Majestie , and the three Estates of this realme at that time in being ; and it is well known , that at that time Bishops , Abbots and Priors made up a third estate of this realm , which gave approbation to this confession of faith : and therefore it is not to be conceived , that this third estate did then abjure episcopacie , or that episcopacie was at the first swearing of that confession abolished . But say that at that time it was abolished by acts of generall Assembly , yet was it not so by any act of Parliament , nay by many acts of Parliament it was in force , because none of them was repealed ; some whereof are annexed in the sheet immediatly after these reasons , which we pray the reader carefully to peruse and ponder : and at the very time of the taking of this oath and after , bishops , whose names are well known , were in being . Now it is to be hoped that in a Monarchy or any other well constituted republick , that damnable Jesuiticall position shall never take place , That what is once enacted by a Monarch & his three estates in Parliament , shall ever be held repealed or repealable by any ecclesiasticall nationall Synod . By all which it is evident , that the explanation of that act of councell so groundlesly urged , can induce no man to imagine that by the confession of faith lately sworn by his Majesties commandment , episcopall government , which then did , and yet doth stand established by acts of this Church and Kingdome , either was , or possibly could be abjured . And having now ( good Reader ) heard his Majesties minde in his instructions to us , our minde in requiring in his Majesties name this oath to be taken , and these few reasons of many which do evidently evince the inconsequence of that sense which without any show of inference is put upon it by those , who would go on in making men still beleeve , that all which they do or say is grounded upon authority , though they themselvs do well know the contrary ; we suppose that all they who have taken this oath will rest satisfied that they have not abjured episcopal government , and that they who shall take it , will take it in no other sense . Which timely warning of ours , we are the more willing to give , because we are given to understand , that even they who were wont to call the takers of this oath ( notwithstanding of that explanation by act of councell ) perjured and damned persons , and in their pulpits called the urging of it the depth of Sathan , do now mean to take it themselves , and urge others to take it in that sense which they make men beleeve ( though wrongfully ) that act of councell makes advantageous to their ends . But we do in his Majesties name require that none presume to take the said oath , unlesse they be required so to do by such as shall have lawfull authority from his Majestie to administer it unto them : being confident , that none either will or can take the said oath or any other oath in any sense , which may not consist with episcopall government , having his Majesties sense , and so the sense of all lawfull authority fully explained to them . THat episcopall jurisdiction was in force by acts of parliament , and no wayes abolished nor suppressed in the year 1580. nor at the time of reformation of religion within the realm of Scotland , doth evidently appeare by the acts of parliament after mentioned . First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authority was abolished , it is enacted by the said act , That no bishop , nor other prelate in this realm , use any jurisdiction in time coming by the bishop of Romes authority . And by the third act of the same parliament , whereby it is declared , That all acts not agreeing with Gods word , and contrary to the confession of faith approved by the estates in that parliament , to have no effect nor strength in time to come . Whereby it is evident , that it was not the reformers intention to suppresse episcopacie , but that bishops should not use any jurisdiction by the bishop of Rome his authority ; and seeing they did allow episcopacie to continue in the church , that they did not esteeme the same contrary to Gods word and confession foresaid : as appeares more clearly by the sixth act of the said parliament , which is ratified in the parliament 1579. cap. 68. whereby it is declared , That the ministers of the blessed Evangel of Jesus Christ , whom God of his mercie hath now raised up amongst us , or hereafter shall raise , agreeing with them that now live in doctrine or administration of the sacraments , and the people of this realme that professe Christ as he is now offered in his Evangel , and do communicate with the holy sacraments , as in the reformed kirks of this realme they are publickly administrate , according to the confession of the faith , to be the only true and holy kirk of Jesus Christ within this realme ; without any exception by reason of policy and discipline , declaring only such as either gain-say the word of the Evangel according to the heads of the said confession , or refuse the participation of the holy sacraments as they are now ministrate , to be no members of the said kirk so long as they keep themselves so divided from the society of Christs body . Whereby it is manifest , that it was not the said reformers minde to exclude any from that society by reason of discipline , and that they did not at that time innovate or change any thing in that policy they found in the said kirk before the reformation . This is likewaies evident by the oath to be ministred to the king at his coronation , by the eighth act of the said parliament , wherby he is to swear to maintain the true religion of Jesus Christ , the preaching of his holy word , and due and right ministration of the sacraments now received and preached within this realm , and shall abolish and gain-stand all false religion contrary to the same ; without swearing to any innovation of policie and discipline of the kirk . Secondly , it doth evidently appear by these subsequent acts of parliament , that by the municipall law of this realm archbishops and bishops was not only allowed in the kirk , but also had jurisdiction and authority to govern the same . First , by the 24 act of the said parliament , whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realm , are ratified in all points after the form and tenor thereof . And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirk of God , are ratified and approved . By the 46. act of the parliament 1572. whereby it is declared , that Archbishops and bishops have the authority , and are ordained to conveen and deprive all inferiour persons being ministers , who shal not subscribe the articles of religion , and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority , & bring a testimoniall in writing thereupon within a moneth after their admission . By the 48. act of the same parliament , whereby it is declared , that archbishops and bishops have authority at their visitations to designe ministers gleibes . By the 54. act of the said parliament , whereby archbishops and bishops are authorized to nominate and appoint at their visitations , persons in every parochin for making and setting of the taxation , for upholding and repairing of kirks and kirk-yards , and to conveene , try , and censure all persons that shall be found to have applied to their own use the stones , timber , or any thing else pertaining to kirks demolished . By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married , in case of desertion , to adhere , and in case of disobedience , to direct charges to the minister of the parochin to proceed to the sentence of excommunication . By the 63. act of the parliament 1578. whereby bishops , & where no bishops are provided , the Commissioner of diocesses , have authority to try the rents of hospitals , and call for the foundations thereof . By the 69 act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Jesus Christ , correction of manners , and administration of the holy sacraments ; and yet no other authority nor office-bearer allowed and appointed by act of parliament , nor is allowed by the former acts ; but archbishops and bishops intended to continue in their authority , as is clear by these acts following . First , by the 71. act of the same parliament , whereby persons returning from their travels are ordained , within the space of twenty dayes after their return , to passe to the bishop , superintendent , commissioner of the kirks where they arrive and reside , and there offer to make and give a confession of their faith , or then within fourtie daies to remove themselves forth of the realme . By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved . By the 130. act of the parliament 1584. whereby it is ordained , that none of his Maiesties lieges and subiects presume or take upon hand to impugne the dignity and authoritie of the three estates of this kingdome , whereby the honour and authority of the kings Maiesties supreme court of parliament , past all memorie of man , hath been continued , or to seek or procure the innovation or diminution of the power and authoritie of the same three estates , or any of them in time coming under the pain of treason . By the 131. act of the same parliament , whereby all iudgments and iurisdictions as well in spirituall as temporall causes , in practice and custome during these twenty four years by-past not approved by his highnesse and three estates in parliament , are discharged : and whereby it is defended , That none of his highnesse subiects of whatsoever qualitie , estate , or function they be of , spirituall or temporall presume , or take upon hand to convocate , conveen , or assemble themselves together for holding of councels , conventions , or assemblies , to treat , consult , or determinate in any matter of estate , civill or ecclesiasticall ( except in the ordinary iudgements ) without his Maiesties speciall commandement ; or expresse licence had and obtained to that effect . By the 132. act of the said parliament , authorizing bishops to try and iudge ministers guilty of crimes meriting deprivation . By the 133. act of the same parliament , ordaining Ministers exercing any office beside their calling to be tried and adiudged culpable by their ordinaries . By the 23. act of the parliament 1587. whereby all acts made by his highnesse , or his most noble progenitors anent the kirk of God , and religion presently professed , are ratified . By the 231. act of the parliament 1597. bearing , That our soveraigne Lord and his highnesse estates in parliament , having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy kirk within this realme , and to the speciall persons exercing the offices , titles , and dignities of the prelates within the same : Which persons have ever represented one of the estates of this realm in all conventions of the saids estates ; and that the saids priviledges and freedomes have been from time to time renewed and conserved in the same integritie wherein they were at any time before . So that his Maiestie acknowledging the same to be fallen now under his Maiesties most favourable protection , therefore his Maiesty with consent of the estates declares , that the kirk within this realme , wherein the true religion is professed , is the true and holy kirk : And that such ministers as his Maiestie at any time shall please to provide to the office , place , title , and dignitie of a bishop , &c. shall have vote in parliament , sicklike and al 's freely as any other ecclesiasticall prelate had at any time by-gone . And also declares , that all bishopricks vaicking , or that shall vaick , shall be only disponed to actuall preachers and ministers in the kirk , or such as shall take upon them to exerce the said function . By the second act of the parliament 1606. whereby the ancient and fundamentall policie , consisting in the maintenance of the three estates of parliament , being of late greatly impaired and almost subverted , especially by the indirect abolishing of the estate of bishops by the act of annexation : Albeit it was never meaned by his Maiestie , nor by his estates , that the said estate of bishops , being a necessary estate of the parliament , should any wayes be suppressed ; yet by dismembring and abstracting from them of their livings being brought in contempt and poverty , the said estate of bishops is restored , and redintegrate to their ancient and accustomed honour , dignities , prerogatives , priviledges , lands , teindes , rents , as the same was in the reformed kirk , most amply and free at any time before the act of annexation ; rescinding and annulling all acts of parliament made in preiudice of the saids bishops in the premisses , or any of them , with all that hath followed , or may follow thereupon , to the effect they may peaceably enioy the honours , dignities , priviledges , and prerogatives competent to them or their estate since the reformation of religion . By the 6. act of the 20. parliament , declaring that archbishops and bishops are redintegrate to their former authority , dignity , prerogative , priviledges and iurisdictions lawfully pertaining and shall be known to pertain to them , &c. By the 1. act of the parliament 1617. ordaining archbishops and bishops to be elected by their Chapters , and no other wayes , and consecrate by the rites and order accustomed . FINIS . 
A70980	----	A proclamation discharging the importing of foreign linnen and woollen cloth, gold and silver thread, &c. England and Wales. Sovereign (1660-1685 : Charles II) 1681 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A70980 Wing S1768 ESTC R33759 13553793 ocm 13553793 100247 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70980) Transcribed from: (Early English Books Online ; image set 100247) Images scanned from microfilm: (Early English books, 1641-1700 ; 1184:76 or 1557:20) A proclamation discharging the importing of foreign linnen and woollen cloth, gold and silver thread, &c. England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. Scotland. Privy Council. 1 broadside. Edinburgh printed by the heir of Andrew Anderson ..., 1681, and reprinted at London for S.J., [London] : [1681] Date of reprinting suggested by Wing. "Given under our signet at Edinburgh, the first day of March one thousand six hundred eighty and one, and in the three and thirtieth year of our reign." Item at reel 1184:76 identified as Wing C3295 (number cancelled). Reproduction of originals in the Huntington Library and the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Nontariff trade barriers -- Scotland. Scotland -- History -- 1660-1688. Scotland -- Politics and government -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C2 R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION Discharging the Importing of Foreign Linnen and Woolen Cloth , Gold and Silver Thread , &c. CHARLES by the grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , especially constitute Greeting : Forasmuch as the Lords of Our Privy Council , having for increase of Mony , and improvement of the Manufactures of this Kingdom , appointed a Committee , who with advice of the Merchants , and other Persons experienced in these Affairs , have agreed upon several Conclusions , which are with all possible convenience and expedition , to be formed into a mature and digested Proclamation , for Regulation of the Manufacture and Trade of this Kingdom : But because several Merchants may either by mistake , or upon a sinister design , give order for Importing of these Goods which are Prohibited ; Therefore to prevent all inconveniencies which may arise to this Our Antient Kingdom , by the Import of those Commodities , which are either to be debarred , as superfluous in themselves , or supplied by Domestick Manufactures , or private Industry of Our own Subjects , and to make the Importers thereof inexcusible ; We with Advice of Our Privy Council , do hereby discharge the Importation of all Silver and Gold Thread , Silver and Gold Lace , Fringes , or Tracing , all Buttons of Gold and Silver Thread , all manner of Stuffs , or Ribbons in which there is any Gold or Silver Thread , all Philagram Work : as also , all Forraign Holland-Linen , Cambrick , Lawn , Dornick , Damask , Tyking , Bousten , or Dametry , Tufted or Striped Holland , Callico , Musline , Selesia and East-India Linen , and all Cloaths , made of Linen or Cotton : As also all Foreign Cloaths and Stuffs whatsoever , made of VVooll-Yarn , or VVool and Lint : all Foreign Silk , and VVoolen Stockings : all Forraign Laces made of Silk , Grimp or Thread , and all manner of Laces and Point of any sort of Colours ; all Forreign made Gloves , Shoes , Boots and Slippers ; and do hereby discharge all Merchants and others whatsoever , to Import into this Kingdom any of the foresaid Commodies , after the Date hereof ; excepting only such as can be made appear upon Oath , to have been ordered by preceding Commissions , and Shipped before the 10th . of March Instant ; which time they have to recal their Commissions , if any such have been given ; with certification that all such Goods which shall be Imported , shall be burnt and destroyed and the Importers and Ressetters shall be fined in the value of the Goods so Imported ; and that if any Taxmen of the Customs , Collectors or Waiters shall connive at the inbringing thereof , they shall be likewise punished , by payment of the value of the Goods Imported , and by being removed from all charge relating to Our Customs , or any Employments depending thereupon . And We Ordain these Presents to be Printed and Published at the Market Cross of Edinburgh , that none pretend ignorance . Given under Our Signet at Edinburgh , the first day of March , One thousand six hundred eighty and one , And in the three and th●rtieth Year of Our Reign . Per actum Dominorum Secreti Concilij . PAT . MENZIES . Cl. Sti. Concilij . God save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to his most Sacred Majesty , Anno Dom. 1681. And Reprinted at LONDON for S. J. 
A70983	----	A proclamation requiring all the members of Parlament to wait on, and attend His Majesties High Commissioner at the palace of Holy-rood-house, the 23. of April, 1685 England and Wales. Sovereign (1685-1688 : James II) 1685 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A70983 Wing S1984 ESTC R6907 12567259 ocm 12567259 63364 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70983) Transcribed from: (Early English Books Online ; image set 63364) Images scanned from microfilm: (Early English books, 1641-1700 ; 848:62 or 962:10) A proclamation requiring all the members of Parlament to wait on, and attend His Majesties High Commissioner at the palace of Holy-rood-house, the 23. of April, 1685 England and Wales. Sovereign (1685-1688 : James II) 1 broadside. Printed by the heir of Andrew Anderson ... ; by George Croom ..., Edinburgh : reprinted at London : 1685. Includes list of council members. At end of text: "Given under our signet at Edinburgh, the fourteenth day of April, 1685." Signed: Will Paterson. Wing number J368D cancelled in Wing (2nd ed.). Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Queensberry, William Douglas, -- Duke of, 1637-1695. England and Wales. -- Parliament. Scotland. -- Privy Council. Broadsides 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion J2R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION Requiring all the Members of Parlament to wait on , and attend His Majesties High Commissioner at the Palace of Holy-rood-house , the 23. of April , 1685. Present in COUNCIL His Orace the Duke of Queensberry , &c. His MAJESTIES High COMMISSIONER . The Lord High Chancellor . The Lord Archbishop of St. Andrews . The Lord Arch-bishop of Glasgow . The Marquess of Athol , L. Privy Seal . The Lord Marquess of Dowglass . The Earl of Errol . The Earl of Linlithgow , Lord Justice . General . The Earl of Southesk . The Earl of Panmure . The Earl of Balcarras . The Earl of Kintore . The Lord Livingston . The Lord Kinniaird . The L. President of the Session . The L. Register . The L. Advocat . The L. Justice Clerk. The L. Castle Hill. Drumelzier . Abbots-hall . Gos●foord . James by the Grace of GOD , King of Great-Britain , France , and Ireland , Defender of the Faith , to Our Lyon King at Armes , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , and Messengers at Arms , Our Sheriffs in that part conjunctly and severally , specially Constitute , Greeting : Forasmuch , as We having by Our Royal Proclamation , dated at Our Court at White-Hall , the Sixteenth day of February last , upon divers weighty Considerations of great Importance to Our Service , and to the Peace and Tranquillity of this our Ancient Kingdom : Thougt sit to call a Parliament , to meet at Our City of Edinburgh upon 〈◊〉 〈◊〉 day of April , then next ensuing : And which Diet of Meeting was thereafter by Our Royal Proclamation of the twentieth and second of March last , Continued and Adjourned from the said Ninth , to the twentieth and third day of the said Month of April Instant ; and We being resolved that all the Members of the said Parliament should according to their Allegiance and Duty , attend and keep the said Meeting of Parliament , upon the said twentieth third Instant , and upon that day by eight a Clock in the Morning wait upon our High Commissioner , from Our Palace of Holy-rood house to Our Parliament-house , in his Riding up and down from , and to , Our said Palace , and keep and attend the whole Diers and Meetings of Our said Parliament , during the Sitting thereof . We therefore with the Advice of our Privy Council , Do hereby Require and Command all the Lords , Spiritual and Temporal , and all Commissioners of Shires and Burrows , to wait upon , and attend Our High Commissioner , tho said day of the Meeting of our Parliament , by eight a Clock in the Morning Precisely , and to Ride according to their Ranks and Orders , from our said Palace to Our Parliament-house , and from thence down again to Our said Palace ; and to keep and attend all the Diets and Meetings of our said Parliament , during the Sitting thereof ; Certifying such as ( without a Lawful Excuse , timely represented and admitted by our High Commissioner ) shall be absent , they shall be lyable unto , and incur the Pains and Penalties following , contained in an Act of the first Session , of the first Parliament of Our Dearest Brother , of ever Blessed Memory ; Dated the thirteenth day of May , 1662. viz : Each Arch-Bishop , Bishop and Noble Man , the summ of twelve hundred Pounds Scots : Each Commssioner of Shires the summ of six hundred Pounds Scots : And each Commissioner of Burrows , the Summ of two hundred Pounds Scots , to be paid to Our Cash-keeper , for Our Use : At whose Instance , all Execution necessary is hereby ordered to pass for Payment thereof : Which Penalties conform to the said Act of Parliament , are declared to be by and attour , and without Prejudice of what other Censure Our Parliament shall think sit to inflict for fo high Contempt and Neglect of Our Authority . And We further Declare , that such Members of Our , Parliament as shall not accompany our High Commissioner on Horseback decently with Foot-Mantles , from Our said Palace , to Our said Parliament-House , and from thence down again to Our said Palace , shall bo reputed for Absents , and incur the same Pains and Penalties , as if they were Absent , which are to be Inflicted and Exacted with all Rigour , conform to the thirty fourth Act of the eleventh Parliament of Our Royal Grandfather King James the Sixth of ever Blessed Memory . And further , Wo hereby Require and Command all Persons who have recieved Commissions from our several Shires and Burrows for being Members of our said Parliament , to enter and give in the same to Our Clerk of Register , the day immediately preceeding the said Sitting of Our Parliament , betwixt ten and twelve a Clock in tho Forenoon , ( or sooner ) to be by him considered and Marked , as they will answer the contrary oh their Peril . And to the effect our pleasure in the Premises may be timeously known to all Persons concerned , Our will is , and We Charge you strictly and command , that in continent these our Letters seen , yo pass to tho Mercat Cross of Edinburgh , and other Places needful , and there by open Proclamation , make Publication of Our Pleasure in the Premises , that all Persons concerned may have notice thereof , and give exact and peremtor Obedience thereto . Given under Our Signet at Edinburgh , the fourteenth day of April , 1685. And of Our Reign the first Year . Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. , Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to the Kings most Sacred Majesty , Ann DOM , 1685. And Reprinted at London , by George Croom , at the Sign of the Blue Ball in Thames-street , over against Baynard's-Castle . 
A50572	----	The memoires of Sir James Melvil of Hal-hill containing an impartial account of the most remarkable affairs of state during the last age, not mention'd by other historians, more particularly relating to the kingdoms of England and Scotland, under the reigns of Queen Elizabeth, Mary Queen of Scots, and King James : in all which transactions the author was personally and publickly concern'd : now published from the original manuscript / by George Scott, Gent. Melville, James, Sir, 1535-1617. 1683 Approx. 845 KB of XML-encoded text transcribed from 125 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A50572 Wing M1654 ESTC R201 12409131 ocm 12409131 61465 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A50572) Transcribed from: (Early English Books Online ; image set 61465) Images scanned from microfilm: (Early English books, 1641-1700 ; 284:1) The memoires of Sir James Melvil of Hal-hill containing an impartial account of the most remarkable affairs of state during the last age, not mention'd by other historians, more particularly relating to the kingdoms of England and Scotland, under the reigns of Queen Elizabeth, Mary Queen of Scots, and King James : in all which transactions the author was personally and publickly concern'd : now published from the original manuscript / by George Scott, Gent. Melville, James, Sir, 1535-1617. Scot, George, d. 1685. [17], 204, [29] p. Printed by E.H. for Robert Boulter ..., London : 1683. Advertisements: p. [28]. Reproduction of original in Harvard University Libraries. Includes index. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- Mary Stuart, 1542-1567. Scotland -- History -- James VI, 1567-1625. 2004-05 TCP Assigned for keying and markup 2004-05 Apex CoVantage Keyed and coded from ProQuest page images 2004-06 Judith Siefring Sampled and proofread 2004-06 Judith Siefring Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE MEMOIRES OF Sir James Melvil Of HAL-HILL : CONTAINING An Impartial Account Of the most Remarkable AFFAIRS of STATE During the last Age , not mention'd by other Historians : More particularly Relating to the KINGDOMS OF England and Scotland , Under the REIGNS Of Queen Elizabeth , Mary Queen of Scots , AND King IAMES . In all which Transactions the Author was Personally and Publickly concern'd . Now published from the Original Manuscript . By GEORGE SCOTT , Gent. LONDON , Printed by E. H. for Robert Boulter at the Turks-head in Corn-hill , against the Royal-Exchange , 1683. THE EPISTLE TO THE READER . AS there is scarce any kind of Civil Knowledge more necessary or profitable than History ; ( which is therefore very aptly stiled by the Ancients , The Mistress of Life , ) so of all sorts of History there is none so useful as that which unlocking the Cabinet , brings forth the Letters , private Instructions , Consultations and Negotiations of Ministers of State ; for then we see things in a clear light , stript of all their paints and disguisings , and discover those hidden Springs of Affairs , which give motion to all the vast Machines and stupendious Revolutions of Princes and Kingdoms , that make such a noise on the Theatre of the World , and amaze us with unexpected shiftings of Scenes and daily Vicissitudes . Of this latter kind are those Memoires wherewith we here Oblige the World , being the many Years Transactions and Experiences of an eminent publick Minister in his long and faithful Services under , and Negotiations with several Princes , and at as ticklish a Iuncture and important Crisis of Affairs as could almost happen in any Age : for having upon the perusal not only found the same to contain many remarkable passages , not met with in any Histories of those times , and in such Occurrents as they have touched upon , to be much more exact and full in divers considerable Circumstances ; But observed it likewise to be furnisht with much excellent , plain , honest advice ( delivered by the By ) which might be of great advantage to Princes , and both Examples and Precepts whereby their Councellors and Favourites may be Caution'd what just , free and generous Measures they ought to take , if they would not tread the same Precipices , whereby others have Shipwrackt both their Masters and themselves , I could not but apprehend my self obliged to Communicate such a Treasure to the Publick , as well for a general good , as in some measure to discharge my Devoir to the memory of the worthy Author , from whom I have the honour to be descended . Three things there are Essential to any History , and which chiefly recommend it to the esteem of judicious Readers . 1. That the subject matter be real , and of considerable moment . Women and Children may be delighted with , and dote upon Romances , and silly Legends ; or listen with attentive Admiration to the Wars of the Pigmies , and Adventures of the Faiery Land. But men of sence always expect solid Transactions , and such substantial Examples as may be of advantage to improve their judgment in Civil Wisdom , and the necessary conduct of Life . 2. That the Author be capable of knowing what he speaks , and have Opportunities to discover the Certainty , and full Circumstances of those Affairs , whereof he undertakes to Treat . 3 , And lastly , His Honesty , That he be a man of impartial Veracity , and firm Resolution to observe inviolable that prime Law of History , Ne quid falsi audeat dicere , ne quid veri non audeat . Not to dare deliver any falshood , nor to conceal any Truth . All which Characters are happily met in these Memoires . The matters contain'd , are both Lofty and Weighty , for they Treat of the Actions and Sufferings of Princes , and persons of the first Rank : Open the close Consultations and Intrigues of several of the ablest Ministers of State at that time in Christendom , and shew on what Hinges the greatest Affairs were turned , and by what Artifices managed , so as to be either accomplisht or Defeated . Nor could any Gentleman have better Advantages to be acquainted with the most private and reserved Scenes of those Passages which here he delivers to the World , since in general of all that he writes , he may properly say , Quorum pars magna fui , They are matters within his own Circle , and declare such as must of necessity fall within his own notice , since through his hands , and he himself had a principal part in the manage and transacting of them ; being a person concern'd in the most knotty Affairs ( especially relating to Scotland ) during his time : And therefore as Ocularis Testis , his work may Challenge that Credit which many other Authors do but begg from the Charity of their Courteous Readers ; at least deserves as much or more esteem as any other Writers of that time , who in respect of him were but Auriti . The Author was descended of one of the most honourable Families of the Kingdom of Scotland , as being Third Son to the Lord of Kaeth , and at Fourteen years of Age was sent by the Queen Regent to be Page of Honour to her Daughter Mary married to the Dauphin of France . But by her allowance be entred into the Service of the Duke of Montmorance ( Great Constable of France , chief Minister to Henry the Second ) who earnestly desired him from her Majesty , having a fancy for the Youth 's promising parts ; he was Nine years Entertain'd and Imploy'd by him , and when he grew up to riper Years and try'd Abilities in matters of greatest Importance , an honourable Pension for his greater encouragement was setled upon him by that King. Then being desirous for his further Accomplishment to Travel , having his Queens leave and his Masters permission for that purpose : But passing through Germany he was detain'd by the persuasion of the Elector Palatine , and at his earnest intreaties necessitated to condescend to attend at his Court , where be Resided Three years , being by him imployed on several Embassies . After which , obtaining his consent to prosecute his former intentions of further Travel , he visited Venice , Rome , and the most famous Cities of Italy . Returning through Switzerland to the Electors Court , he there found a Call from Queen Mary , then returned to her Kingdom of Scotland , after the death of her Husband King Francis , to attend her Service . The Queen Mother of France at the same time had offer'd him a large Pension , and profitable Offices , to engage him to wait upon her Service at the Court of France ; she finding it her interest at that Iuncture to keep good Correspondence with the Protestant Princes in Germany , and knowing him to be most acceptable to all of them . But though it appeared most advantagious to his private Fortunes to have accepted of her noble Offers ; yet in this and at all other times he prefer'd his Loyalty to his Interest , and esteem'd himself engag'd in Duty to serve his natural Princess rather than a Stranger . Upon his arrival in Scotland he was admitted a Privy Councellor , and Gentleman of her Chamber , being continually imploy'd by her Majesty in matters of her greatest concernments , till her unhappy confinement in Lockleven : All which he discharged with an exact fidelity , and had she taken his sound Advice , many of her misfortunes might have been avoided . He was afterwards Noticed by all the Four successive Regents in a special manner , and intrusted by them with Negotiations of greatest moment , Though after the Queens imprisonment he had ever owned the King's side . When his Majesty King James came to the Government , he was especially recommended by the Queen , then Prisoner in England , to him as one most faithful , and capable of doing him Service . Whereupon he was likewise by his Majesty admitted a Member of his most Honourable Privy Council , and of his Exchequer ; as also made Gentleman of his Chamber , continuing ever in favour and Imployment till his Majesties passage into England , to receive his Hereditary Right , the Crown of that Kingdom , upon the death of Queen Elizabeth . The King would gladly have taken him along with him thither , offering him considerable advancements there : But being now stricken in years , and desirous to Retreat from the troubles of the World to spend the remainder of his days in Contemplation , begged his Majesties permission thereto . However , after the King 's going for London , he found himself in Duty engag'd once to wait upon his Majesty in that Kingdom , and accordingly went thither , and was graciously received ; and having attended there some weeks , humbly giving his Majesty his best advice , no Court allurements ( whereof he had great store ) could prevail with him to alter his former Resolutions of privacy ; So that he return'd to his own House , where , as in Harbour , reflecting on the pass'd Voyage of his Life , and all the various Weather , and difficult Storms of Publick Affairs , wherein he had been concern'd ; to inform the World of the true State of those Transactions , and to direct others ( especially his Children ) how to conduct themselves if call'd to such Services , he with his own hand drew up the following Memoires . How far he deduced them I cannot certainly determine ; 't is very probable he had given an Account of all till the going of the King to England , though this Copy extend not so far : However thou hast all that I have , and nothing more then what is the Author's , for I should esteem it impiety to obtrude any thing of my own under his Name . And I hope the Reader will rather accept kindly what is here happily Retriev'd , than be offended at me for not furnishing him with more than the injuries of time and ill men have left us . And indeed I was not a little encouraged to this Publication by Reflecting on the wonderful preservation of so much of it , after so many Years , and it s then coming so Providentially to my hand , it having found the Castle of Edinburgh an Asylum till the Year 1660 , which yet had not been able to afford shelter to the Publick Records of the Kingdom , from the hands of Tyrannical Usurpers : Though I have not met with any Information by what way it came thither , far less how secured so long a space , and amidst so many Confusions , being there recommended to no Man's particular Care , but exposed to the mercy of the Rabble : Whence it was wonderfully rescued by Mr. Robert Trail late Minister of the Gray-Fryars Church in Edinburgh , when Imprison'd there , to whom the Author's hand-writing was exactly known . This Mr. Trail counting it an happiness to have lighted on so great a Rarity , knowing the Worth and Abilities of the Author , remitted it to Sir James Melvil of Halhil , the Author's Grand-Child : From whence it was derived to me , and having perused it , and thought I should be highly injurious to the Publick , if I did not Communicate it to the World ; together with the Author 's following Epistle to his Son in the nature of a Dedication , wherein as he shews his deep insight into the Intrigues of Princes Courts , so it likewise gives an evident Demonstration of his sincerity in what he has herein Delivered ; and of his firm Affection to vertue and honesty , and detestation of vice , and those flattering Arts whereby evil and Self-seeking Councellors have often abused the best of Princes . This is all I thought necessary to Advertise thee of , touching this Publication , and so leave it to thy Candid perusal . George Scott . THE AUTHOR TO HIS SON . Dear SON , SEeing thou hast shewn they self so willing to satisfie my expectations of the following , and observing many of my former Precepts during thy younger years , I grant now unto thy request the more gladly , to put in writing for thy better memory , several passages which thou hast heard me rehearse concerning the life I did lead during my peregrination through the most part of Europe ; from the Age of fourteen years till this present hour ; together with the prosperous success , and hard accidents hapned to me , hoping that thou wilt be so wise as to help thy self in time by my faults , and not wait upon the hurtful experience of the common sort , seeing no man can shew the right way better than he who hath oft-times chanced upon By-rodes ; assuring thee , that , next unto the special favour of God , nothing stood me in so much stead as the early embracing of unbought experience , by observing the stumbling Errours of others . Neither did I ever find any thing more dangerous then the frequent slighting to notice any seen example , which was always accompanied with over late Repentance . The most part of things which I purpose to set down presently , are certain old written Memorials which were lying beside me in sundry parcels , treating of matters wherein I have been imployed my self by sundry Princes , or which I have seen , or observed being in their Countries ( as the purposes of themselves will declare ) to serve for an example of life , and better behaviour to thee and thy Brother , concerning the Service of Princes , and medling in their Affairs ; which I could not eschew , for I sought not them , but they me . I enforced my self to serve them more carefully , diligently and faithfully than any of my Companions , whereby I won greatest favour with those who were Wise , Grave , Aged and Experimented ; as with the Prince Elector Pallatine , and the old Duke of Momorancie , Constable of France , who had the whole Rule and Government of the Country under King Henry the Second , his Master and mine ; who were so constant , that their favour lasted so long as I remained in their Service ; not without extream and dangerous Envy of such of my Companions as were naturally inclined to that vile Vice , whom I took great pains by patience , presents and humility to gain ; obliging them by that carriage to lay aside part of their malice . But when it chanced me after to serve Princes of Younger Years , and of less Experience , at the first by the like diligence , care and fidelity , I obtained their favour above the rest of their Servants ; yet at length they were carried away by the craft and envy of such as could subtilly creep into their favour , by flattery and by joining together in a deceitful bond of fellowship , every one of them setting out the other , as meetest and ablest for the Service of their Prince , to the wrack of him and his Country ; craving the Prince to be secret , and not to Communicate his Secrets to any but their Society . Thus the Princes good qualities being smother'd with such a Company , were commonly led after the Passions and Particularities of those , who shot only at their own marks : Some of them continually possessing his Ear , and debarring there-from all honest , true and plain speakers ; so that no more hope could be left of a gracious Government , nor place for good men to help their Prince and Country , where-through fell out many foul , strange and sad Accidents , as may be afterward seen and read : Princes misused , and abused , their Country robbed , their best and truest Servants wracked , and the wicked instruments at last perished with all their high and fine pretences ; others , ay such-like , succeeding in their place , never one taking example to become more temperate and discreet , because of the destruction of those who went before them ; but as highly and fiercely following their greedy , vain and ambitious pretences , obtaining the like Tragical reward . For my part , albeit I had seen , and oft-times read of the wrack and backward rewards of all such true , faithful Servants and Councellours , as were most careful of the Weal and Safety of their Prince , in resisting and gainstanding the devices of the wicked sort , and sometimes minding the Prince not to suffer himself to be led by those who commit so many wrongs , and errours at their Appetite , yet I left not off from what I thought my Duty , neither for Fear nor Danger , to oppose my self continually to the false fetches of such Minions , until , I must confess rather following the Extremity than the right Midst , I lost my Credit with the Prince , and Tint my reward , reposing over-much trust upon their constancy and my good Service , which hath been oft an hurtful opinion unto honest Men ; with over-late Repentance I was compelled to lament , as did Monsieur de Boussie when he was left and misliked by his Master , crying out , Alas , wherefore should Men be earnest to surpass their Neighbours in worthiness and fidelity , seeing that Princes , who get the fruits of our Labours , like not to hear of plainness , but of pleasant Speeches , and are easily altered without occasion upon their truest Servants ? I perceive well that to continue in their favour they should not be served with Uprightness , but with Wyliness ; and instead of using free Language for their Honour and Preservation , their Servants should frame and accommodate themselves to their Pleasure and Will ; which may be easily done by the dullest sort of Men ; but my daft opinion was , that I might stand by Honesty and Vertue , which I find now to be but a Vain Imagination , and a Scholastical Discourse , unmeet to bring Men to any profitable Preferment : And yet my nature will not suffer me to proceed by any other means , I being of the same Mind and Nature , and by a just Call and Command , first of the Queen his Majesty's Mother , and afterward of himself , having more Matter and greater Warrant then many others , as well to admonish , advertise and reprove the Prince to gain-stand all evil Instruments , took the more freedom , finding my self thereto in Duty obliged , against the Rule given by Seneca to Lucullus , saying , If thou desirest to be agreeable to Great Princes , do them many Services , and speak to them few words . Plato was of the same Opinion , the favour of Princes being obtained with great pain and travel , and retained with great difficulty , therefore should the wise Courtier be careful of offending them , either by gesture , word or deed ; for being once in disgrace with them , they may well forgive , but they shall never be so great with them again do what they will. Sometimes a Man may discreetly put the Prince in remembrance of his long and good Service , but cast not up thy Service , nor be importunate in demanding rewards ; therefore be not so audacious as to find fault with thy Prince's proceedings , nor to give advice unrequired , or advertisements without good grounds of being credited ; for Princes notice not any thing but what is told them by their Favourites and Minions , who commonly seem to allow and take pleasure of whatsomever Recreation they find the Prince inclined to , not as by way of flattery , but as by way of yielding , and leaving their own pleasure to take pains to please the Prince ; they never appear miscontent although he do not Reward them in due time , they never challenge him of breach of Promise in case he break it . In many of these Rules I confess I have over-shot my self , for too great fervency towards the Princes Service , having never minded my own particular advancement and profit : For otherwise I should have at the earnest desire of the House of Guise , my old and great acquaintances while I was residing at the Court of France , titled in the Queens Ear , that her Rebellious Subjects , who had at their own hands , without her Authority , changed Religion , should have been exemplarily punished as Rebels and Trayters : That if she condescended to acquiesce to the establishing the Reformed Religion , it would be constructed as meanness of Spirit , and that she wanted Authority to curb such a mutinous People : That it was below her at the arrogant desire of her Nobility , and to remove the idle jealousies of her other Subjects , to lay aside Rixio , as being derogatory from her honour , that she could not have liberty to keep about her what Servants she pleased , seeing hence there might be ground to alledge , there were other bad designs to follow , when in the first place they desired to separate from her , such as they knew would be most trusty to her , and in whom she could most confide . This kind of Language would probably have most suited her Majesties humour , and would have procured to my self great Bribes , from Rixio and his Popish friends for my reward . But I thought it was more the part of a True Friend to her Majesty , to acquaint her , that seeing her Subjects had now imbraced the Protestant Religion , looking upon the Popish Principles as Damning , it was not her interest to do any thing that could give them any jealousie that she intended to alter their Religion ; that as the Entertaining of Rixio gave to all such , some apparent ground of harbouring such apprehensions , he being a known Enemy to their Religion ; that having so much of her favour , he would undoubtedly use his endeavours to perswade her to Re-establish that Religion , which she her self professed ; so it gave just ground of discontent to the Nobility , who would look upon any extraordinary honour confer'd by her Majesty upon a Stranger , as highly prejudicial to them , who were as willing and able to serve her as he could be ; and reflecting upon their Loyalty , as if she had more trust to place in a Stranger then in her own native Country-men , and born Subjects . Had I not more regarded my Princess her Interest , then mine own , I should have accepted the large offers made me by the Earl of Bothwel , when he desired me to subscribe with the rest of his flatterers that Paper wherein they declared it was her Majesties interest to Marry the said Earl , but I chose rather to lay my self open to his hatred and revenge , whereby I was afterward in peril of my life , and tell her Majesty , that those who had so advised her , were betrayers of her honour for their own selfish ends , seeing her marrying a Man commonly judged her Husbands murtherer , would leave a Tash upon her name , and give too much ground of jealousie , that she had consented to that foul deed . I wanted not fair offers from Randolph and Killegrew , Residents here from the Court of England , if I would have in so far complied with their designs , as not to have divulged what I perceived to be their drifts , which I could not conceal , finding them so destructive to the Kingdom . I had the fair occasion of making a large fortune to my self , if I would have gone along with the Earl of Arran , by Counselling the King's Majesty to follow his violent advices ; but finding them so far contrary to his interest , I did think my self ingaged to warn his Majesty that he was a dangerous man , who gave him such advices ; that if he followed the same , he would run himself upon inevitable Precipices , that his Majesty's hearkening to the Duke of Lennox and him , the one a Papist , the other a wicked and ungodly man , would breed jealousies in his Subjects minds , which might produce dangerous effects . This freedom , and many times the like , I took ; which though his Majesty accepted in good part , yet I thereby contracted me store of Enemies : But it was always my Principle , rather to hazard my self by plain speech , when 't was necessary , than to expose my Master to danger , by silence or base flattery . And though the Common Practice which I mention'd e're while , may seem to thrive best in some Courts for a time , yet under Grave and Wise Princes , and at long-run , the honest Maximes will prove most acceptable and safe . Therefore I willingly opened these things to thee , that thou mayst as well know what is usually done , as what ought to be . There is a certain discretion to be used , that is free both from Sawcyness and Assentation ; and a man may many times , if he skill it aright , give his Prince good Counsel , contrary to his inclinations , yet without incurring his displeasure . This thou oughtest to study , if ever thou be called to publique Affairs , and though thou mayst bend with the necessity of some Accidents , and yield to the times in some things , though not going just so as thou would have matters to go ; and humour the Prince in an ordinary business , to gain opportunity of doing greater good to him and thy Country at a more lucky Season ; yet be sure that thou never Engage in any Disloyalty , Cruelty , or Wickedness , nor suffer any thing to pass that thou seest will tend to his Ruine or grand Prejudice , without noticing it to him in some humble manner ; and though for that time it be dis-relishing or slighted , yet when he sees the Effects follow that thou admonishedst him of , he will love thee the better , and rather hearken to honest Advice for time future : And withal thou wilt obtain the Favour and Blessing of Almighty God , whom thou must at all times endeavour faithfully and uprightly to serve , if ever thou expectest Bliss in this or the other World ; To whose Gracious Providence I Commit thee , with the hearty well Wishes and Benison of Thy Dearly Loving Father IAMES MELUIL . MELVILS MEMOIRS : In reference to MARY Queen of SCOTS AND JAMES VI. KIng Henry VIII . of England being discontent with the Pope , for refusing to grant the Divorce from his wife Queen Katharine of Castile . For revenge he looked through his fingers at the Preachers of the Reformed Religion , who had studied in Dutch-land under Martin Luther ; and were lately come to England . In process of time the hatred betwixt the King and the Pope came to so great a length , that he proclaimed himself Head of the Kirk of England , and discharged S. Peters Pennies to be paid from that time forth ; with a strict command to all his Subjects , no manner of way to acknowledge the Pope . He obtained the said Divorce from his own Clergy , marrying another , which occasioned to him the hatred of the Pope , Emperour , and King of Spain , and all their Assistants , He again desiring to strengthen himself at home , conjecturing the probability of a Combination against him , found it his Interest to entertain a strict Amity with James V. of Scotland his Nephew , For he was determined to Unite this whole Ifle in one Religion , and in one Empire , failing of Heirs male procreate of his own body : Having then but one Daughter called Mary with the divorced Queen ; which Daughter he declared to be a Bastard . Upon which consideration Ambassadors are sent thither , inviting that King to a Conference at York , whither Henry offered to come and meet him . Alledging by such an Interview , matters might be more effectually condescended upon , conducing for the mutual Interests of both Kingdoms , then could be expected from the endeavours of Ambassadors to be imployed in that Affair . King James having seriously considered the Overture , and advised thereabout with his Council ; upon their deliberation and advice , returns his resolution to attend his Uncle , Time and Place appointed . With which answer the Ambassadors highly satisfied , return to their Master : who rejoiced exceedingly at so happy a Success of that matter . Whereupon great preparations are made at York , for the Entertainment of his Nephew with the greater Solemnity , The Clergy of Scotland , sworn Clients to the Pope , having had several Consultations hereanent , were alarm'd with this Proposal , and the Accompt they had of the Kings resolution to comply therewith : through an apprehension that the Uncles persuasion , might oblige the Nephew to trace his Footsteps in overturning Popery in Scotland , as he had done in England . They therefore resolve to use the utmost of their endeavours for preventing the said intended Interview . They addressed themselves to such as were Minions for the time , who had most of his Majestiesear . These they corrupted with large Bribes , to dissuade the King therefrom . There having joined with such of the Clergy who were most in favour with the King , used many persuasions , telling him how King James I. was reteined in England ; Of the old League with France : That upon this consideration it would be prejudicial to his Interest to keep that Meeting : seeing the French would not take it well ; neither the Emperour , who was highly incensed against Henry . They told him of the Popes interdicting him , and what a great Heresie was lately risen up there , and had infected not only the greatest part of the Kingdom , but the King himself . And also that many of the Nobility and Gentry of Scotland , were likewise Favourers of the said Heresies : and that it was fit that timously he should prevent the spreading thereof , seeing the same would contribute much for his advantage , while he might enrich himself by their Estates ; the names of whom they gave up in a sheet of Paper . Which the King put in his Pocket , thinking it a very profitable Proposition , and therefore with all diligence to be executed . The Laird of Grange had been lately made Treasurer , and was in great favour with the King. He had not yet discovered himself to be a Favourer of the Evangel , but the King esteemed him true ; and desirous to advance his profit , and very secret , therefore he thought fit to make him privy to this profitable Overture . He shewed unto him the written Roll of the Noblemen and Barons names , who were given up to be burnt for Heresie , telling him what great advantage he would make thereby ▪ Whereat the Laird of Grange began to smile , and the King to enquire whereat he did laugh . The Treasurer desired liberty from his Majesty to tell him the truth . Whereat the King drew out his Sword , saying merrily to him , I shall slay thee if thou speak against my profit . Then he put up his Sword , commanding him to shew him what reasons he could alledge against the Prelats Proposition . The Treasurer declared what troubles his Majesty had been tossed in during his Minority , for the Government , first between the Queen his Mother and the Lords , then betwixt divers Factions of the Lords . How that he had been couped from hand to hand , sometimes kept against his will as Captive , sometimes besieged , sometimes brought to battle against his will by the Duglasses to fight against the Earl of Lenox , and his best Friends who were slain coming to relieve him , the Prelates being Partners for their ambition , sometimes with one Faction , sometimes with another : And how that they could never agree among themselves , nor let his Majesty take rest , until the Duke of Albany was chosen Governour , and brought out of France , who had enough to do also . For he would have fain done pleasure to France , and raised a great many Scotchmen to enter into England , who were making Wars in France ; but he got a rebuke when he when he was at the Border , for they would march no further . Alledging that the King was but young , and Sister Son to King Henry : That they saw no reason to enter into War with England , to endanger their King and Country to serve France , being the King his Father , had to no purpose lost his life in their quarrel , having entered into England with an Army against his good Brother , whereby the whole Country was endangered . After that this Duke retired himself , your Majesty took the Government in your own hands at the Age of 13 years ▪ Yet they clapped again about you , and kept you two years as captive . And now you are but lately come to your liberty , and your Country is not yet so well setled as were needful . Albeit your Majesty hath done very much in so short space , as to settle the Highland Islands , and the Borders . It were a dangerous thing if your Nobility should get intelligence , that such greedy Fetches should be put in your head , under pretext of Heresie , to spoil them of their Lives , Lands , and Goods . Wherein you may endanger your own Estate at the instance of these whose Estates are in peril , who would hazard you and yours , to save their own . The Prelates I mean , who fear that your Majesty at the example of the King of England , of Denmark and several Princes of the Empire , will make the like reformation among them . Therefore they have no will of your familiarity with the King of England , nor that your Estate should be so setled that your Majesty might put order to the abuses of the Kirk . Did not one of your Predecessors , called S. David , give the most part of the Patrimony of the Crown to the Kirk , erecting the same into Bishopricks and rich Abbacies . Whereby your Majesty is presently so poor , and the Prelates so rich , so prodigal , so proud , that they will suffer nothing to be done without them . And are also so sworn to the Pope of Rome , when they get their Benefices confirmed , that they ought not to be credited in any thing that toucheth the Popes Profit or Preferment . The Venetians , the wisest people in Europe , will not suffer any Prelate , albeit he be a born man of the Town , to abide or stand in their Council-house , when they are at Council , because they know them to be so strictly sworn to the Pope . Then he declared the gross abuses of the Roman Kirk , and the ungodly lives of the Scots Prelates which the King and whole Country might see . Therefore saith he , if your Majesty would be well and be rich , you may justly take home again to the profit of the Crown all vacan Benefices by little and little , as they may fall by decease of every Prelate . He told his Majesty anent his promise to the Ambassador of England , there would come great trouble and Wars if it were not kept . For King Henry VIII . was a couragious Prince , and high conceited , and appeared to have for the Time an upright meaning , his occasions pressing him thereto . Having so great turns in hand , and so many enemies , without succession , saving the foresaid Daughter . Being corpulent and fat , there was small hopes of his having any heirs . That therefore it was his interest to be in a good understanding with him , being his eldest Sisters Son , nearest of blood , and ablest to maintain and unite the whole Isle of Britain . As for the retaining King James I. in England , that was a far different case , it was not the like time , he was not the Kings Sisters Son , nor his apparent heir . And what hard success the King his Father had for making War against the King of England his good Brother , was too manifestly felt by the whole Subjects . And little better to be looked for , in case a new unnecessary War be made , for your Majesties staying away from the intended Meeting at York . The King took such delight in this language , that he determined to follow the advice given therein . And at his first meeting with the Prelates , who had then very great rule in the Country , he could not contain himself any longer , when they came hoping to see their Plots put in execution . After many sore reproofs , that they should have advised him to use such cruelty upon so many Noble men and Barons , to the peril of his own Estate . Wherefore , said he , gave my Predecessors so many Lands and Rents to the Kirk ? Was it to maintain Haulks , Dogs , and Whores , to a number of idle Priests ? The King of England ▪ burns , the King of Denmark beheads you ; I shall stick you with this Whingar . And therewith he drew out his Dagger , and they fled from his presence in great fear . The King resolved fully to keep his promise with his Uncle the King of England , thinking it both his honour and advancement so to do . The Prelates of Scotland thinking themselves far out-shot , and thereby in a dangerous condition , consulted together how to bring the King again to their opinion . They resolved in the first place to offer to pay him yearly out of the Rents of the Kirk , fifty thousand Crowns , to maintain hired Souldiers , beside the ordinary Subjects which obey the Proclamation , in case the King of England should make Wars against Scotland , because of the Kings not keeping the appointment at York . They thought this would be an allurement to the King , who liked well to be rich . Yet they concluded , that unless the matter were proponed and favourably interpreted to his Majesty by such as had his ear , that would not do the business . They bestowed therefore largely of their Gold to his familiar Servants , and further promised unto Oliver Sinclar , that they should cause him to be advanced to great Honours , and to be made Lieutenant of the whole Army against England , in case that King Henry would intend Wars against Scotland . Which they affirmed he would not , nor durst not , having already so many Irons in the Fire . This was communicated by the Prelates to the Minions at Court , and chearfully condescended to by them , who had by flattery gained greatest favour . And chiefly by drawing of fair Maidens to the King , and striving to be the first advertisers whose Daughter she was , and how she might be obtained ; and likewise of mens Wives . They waited a convenient time when the Treasurer should be absent , who was a stout bold man , therefore they durst not speak in his presence . For he always offered by single combat and at the point of the Sword , to maintain what he spoke . At this time he was absent from Court , for the King had given the Ward and Marriage of Kelly in Angus to his second Son ; and he was gone there to take possession thereof . In his absence then this was proponed to the King , and so backed by Oliver Sinclare , and such of the Clergy as had been best acquainted with his Majesty , as he was induced to give ear thereto . They having added several other persuasions , at such times as they brought unto him fair Maidens , and mens Wives . Then they took occasion in the next place , to shew his Majesty that the Laird of Grange his Treasurer , was also become a Heretick , and that he had always a New Testament in English in his Poutch . And likewise that he was become so proud , and puft up by his Majesties savour that no man might abide him . And that he was so extream greedy , that he was unmeet to be Treasurer : and too bold to have procured for his second Son the rich Ward and Marriage of Kelly worth Twenty thousand pound . The King answered , That he esteemed him to be a plain frank Gentleman , that he loved him so well , that he would give him again the said Ward ▪ and Marriage for a word of his mouth . The Prior of Pittenweem replied and said , Sir the heir of Keily is a lusty fair Lass , and I dare pledge my life , that if your Majesty will send for her presently , that he shall refuse to send her to you . The King affirming still the contrary , there was a Missive written . And the Prelates and their Faction devised , that the said Prior of Pittenweem should carry the Letter , and bring over the Maiden-heir of Kelly to the King. But the Treasurer , who knew him to be his deadly enemy , refused to deliver her to him . Alledging the said Prior to have been all his days a vile Whoremaster , having deflowred divers Maidens , therefore he thought him an unfit Messenger . Who was so glad as he , to return with this backward answer . He and his Associates kindled up the King in so great choler against the Treasurer , handling the matter so finely and hotly , that they obtained a Warrant to charge the Treasurer to Ward within the Castle of Edinburgh . Which they forgot not to do at his first coming to Court. He again ghessed that leesings would be made against him , therefore used great diligence to be with the King. And notwithstanding of their charge , past peartly in to his Majesty , who was at his Supper in Edinburg ; but the King looked down upon him , and would not speak to him , nor know him . He nevertheless steps forward , and said , Sir , what offence have I done , who had so much of your favour when I parted from you with your permission ? The King answered , Why did thou refuse to send me the Maiden whom I wrote for , and gave despiteful language to him I sent for her ? Sir , said he , there is none about your Majesty dare avow any such thing in my face . As for the Maiden , I said to the Prior of Pittenweem , that I was well enough to be the Messenger my self to convey her to your Majesty ; but thought him unmeet , whom I knew to be a forcer of Women , and the greatest deflowrer of Wives , and Maidens in Scotland . The King said , Hast thou then brought the Gentlewoman with thee ? Yes Sir , said he . Alass , saith the King , they have set out so many leesings against thee , that they have obtained of me a Warrant to put thee in Ward ; but I shall mend it with a contrary command . Then said the Treasurer lamentingly , My Life , Sir , or Warding is a small matter ; but it breaks my heart that the World should hear of your Majesties facility . For he had heard that in his absence they had caused the King to send to England , and give over the intended Meeting at York . Whereat the King of England was so offended , in that he had been so publickly scorned and affronted , that he sent an Army to Scotland to destroy it with Fire and Sword. Albeit the King liked nothing of this War , he was still kept in hope that it should tend to his great honour and advantage . And that England had so much to do ; as would busie them elsewhere ; so that they would soon repent them , and be compelled to sue for Peace ere it were long . In the mean time their Gold was made ready the more to encourage the King , and large promises of much more , in case the War continued . The King was engaged to raise an Army to defend his Country and Subjects , who went to that War , to shew their obedience much against their hearts . But when they perceived Oliver Sinclare raised up upon mens shoulders , and proclaimed Lieutenant over the whole Army at Salway Sands ; the Lords , in dispight that the Court and Country should be governed by such mean men as were Pensioners to the Prelates , refused to fight under such a Lieutenant , but suffered themselves all to be taken Prisoners . So the whole Army being overthrown , the King took thereat great displeasure . There was great murmurings in the Country , that for pleasuring the Prelates the Kingdom should be thus endangered . The report whereof , and the justness of the complaint , made the King burst out with some language against them who had given him so bad advice . Which was carried over soon to their ears , and they fearing the effects of his displeasure , caused him to be poisoned , having learned that Art in Italy , called an Italian Possit . The Cardinal David Beaton was with his Majesty in the time of his death , and caused to be written the Form of a Testament at his own pleasure , being dictated by himself , which upon that reason was afterward annulled . The King of England could not forget this injury and displeasure done him , of the Kings breaking of his promise . He was much troubled at his death , his Wars were rather to have moved the Estates of Scotland to know that his favour and friendship had been better for them than his feud . He was still in hope to have gained him with consent and advice of the best of his Subjects , to have joined in a Bond Offensive and Defensive . For he had received information of the Kings worthy qualities , and rare natural endowments , and entertained a marvellous great love and liking of him . Thinking he could not have left the Kingdom in a better hand , than to his own Sisters Son , nearest in bloud unto him , and meetest of any to build up a fair Monarchy to be first begun in a manner in his own person . In respect that for his time , which he looked would be but short , his Nephew would have been but his Coadjutor , and Lieutenant under him , and after him possess the whole under one Religion , one Law , and one Head. And thought that thereby France should never afterward have the occasion of stirring up the one Country against the other ; and that the Pope should be secluded from gathering up such sums of Silver from his Subjects , for Confirmation of Benefices , or for Bulls or Dispensations . For his wrath and vengeance against the Pope was exceeding great , who had made him many promises , and had broken them all , fearing as said is , to offend the Emperour , who was so great and mighty a Prince . Therefore the King of England seeing he had now altogether lost the hopes of the Scots alliance and concurrence , he compelled the Gentlemen of England to exchange their Lands , with the Lands of Abbies , Cloisters , and other Temple Lands ; giving them more than their own , that so the said Lands should never return to the Kirk , without a manifest Rebellion , or a dangerous subversion of the whole state of the Kingdom . And to be revenged upon the said Cardinal David Beaton , who he thought had disappointed him of all the hope he had of Scotland , he dealt with Sir George Douglass , and the Earl of Angus , who were but lately returned out of England , where they had resided during the time of their banishment , till the death of King James V. These two Brothers appearing to be of the Reformed Religion , persuaded Norman Lesly Master of Rothes , the young Laird of Grange , and John Lesly of Parkhill , who had been persecuted by the said Cardinal for Religion , after he had taken their Preacher , Mr. George Wishard , and burnt him at St. Andrews . These I say were easily stirred up to slay him whom they were persuaded to be an Enemy to the true Religion , to the welfare of the Country , and to themselves in particular . This proud Cardinal was slain then in his Castle at S. Andrews , and so ended all his practices , having obtained nothing but vain travel for his pretences , and sudden death . Having been the occasion of the death of a worthy King , who was inclined to Justice , and gave no credit to his Officers in their two special points , to reward and punish . For whoever did him good service , he would see them rewarded , yea albeit they chanced to be absent ; and as to punishing of Evil Doers , so soon as he had heard the complaint , he leapt upon his Horse , and did ride to the parties himself , with a few company , ere they could be aware of him , and he would see sharp execution . So that he was deservedly both loved and feared . He was very couragious , well favoured and shapen , of a middle stature , very able of body . But evil company fell about him , entering out of Child-hood into furious Youth , enticing him to Harlotry , striving who should spie out for him the fairest Maidens , and likewise at length mens Wives ; with them he abused his body , to the offence of God and divers good Subjects . For which he was not left unpunished , for he had but two young Sons and they died both within eleven hours ; so that at his decease he had but one Daughter called Mary , born when he was upon his Death-bed . King Henry VIII . of England , having onely one Son called Edward , he and the Estates of both Countries , desiring still this whole Isle of Britain to be united in one Monarchy , made a contract of marriage between the said two , which was afterward broken upon our part , her Majesty being transported unto France by the West Seas . Whereupon ensued great War between the two Kingdoms , which was afterwards agreed upon this condition , that Edward should marry Elizabeth eldest Daughter to Henry II. of France , and Francis his Son should marry our Queen . My Lord Hamilton was advanced to the Government of the Country by the Laird of Grange Treasurer , Mr. Henry Balnears , and others that were of the Reformed Religion , whenas he appeared to be a true Gospeller . But he had been afterward soon altered by the Abbot of Pasly his Bastard-brother , and became a great Persecuter of Gods Word , and had been by the persuasions of the said Abbot and Cardinal easily drawn to break the said Contract of Marriage made between King Edward and our Queen . After that the young Queen came to France , there was great disputing whether the Marriage with the Dauphine should take effect or not . For at that time there were two Factions in the French Court , first the Brethren to the House of Guise , as the Duke of Guise and the Cardinal of Lorrain , brothers to our Queen Dowager , and uncles to our young Queen Mary , pressed earnestly to set forward the said Marriage with France ; the old Constable Duke of Montmorancy , was of opinion that it was meetest to give her in marriage to some Duke or Prince in France , and to send them both home to Scotland to keep that Country in good obedience . Because when Princes are absent , and far from their own , ruling their Countries by Lieutenants , most commonly the Subjects of such Countries use to rebel : which if Scotland should do , it would be hard and costly to get them reduced . And thereby in stead of making France the better of the Marriage with the Dauphin , it might make it to be in a far worse case . The House of Guise again desiring to have their Sisters Daughter Queen of France , to augment their reputation and credit , alledged it would be both honourable and profitable to the Crown of France to have this addition . And that there were Revenues in abundance to maintain Garrisons within the Kingdom , to hold the Subjects under obedience , building Citadels , and having the whole strength in their hands . Herein they prevailed , she being married unto the Dauphine . John de Monluck Bishop of Valence , was sent Ambassador from France to the Governour and Queen mother Sister to the Duke of Guise . And when the said Ambassadour was to return to France , it pleased the Queen mother to send me with him , to be placed Page of Honor to the Queen her Daughter , I being then 14 years of Age. But the said Bishop went first to Ireland , commanded thereto by theK . his Masters Letter , to know more particularly the motions and likelihood of the Offers made by Oneel , Odoneel , Odocart , and Callock , willing to shake off the Yoke of England , and become subject to the King of France ; providing that he would procure the Popes gift of Ireland , and then send to their help 2000 Hacbutiers , 200 Light Horsemen , and 4 Cannon . We shipped for Ireland in the Moneth of January , and were stormsted by the way in a little Isle called Sandisle before Kintire , where we were compelled to tarry 17. days , by reason of the Storm . Thence we hoised Sail toward Ireland , but the Storm was yet so extreamly violent , that with great danger of the Ship and our lives , we entered in at the mouth of Loghfeul in Ireland upon Shrove-tuesday in the year 1545. for the Skipper and Mariners had lost all hopes of safety , having left their Anchors behind them the night before . Ere we landed we sent one George Paris who had been sent to Scotland by the great Oneel and his Associates , who landed at the house of a Gentleman who had married Odocarts Daughter , dwelling at the side of a Lake , who came to our Ship , and welcomed us , and convoyed us to his house , where we rested that night . The next morning Odocart came there , and convoyed us to his house , which was a great dark Tower , where we had cold chear , as Herring and Bisket , for it was Lent. There finding two English Gray Friars who had fled out of England ( for King Edward VI. was yet alive ) the said Friars perceiving the Bishop to look very kindly to Odocarts Daughter , who fled from him continually , they brought to him a Woman who spoke English to lie with him . Which Harlot being keept quietly in his Chamber , found a little Glass within a Case standing in a window , for the Coffers were all wet with the Sea Waves that fell into the Ship during the Storm . She believing it had been ordained to be eaten , because it had an odoriferous smell , therefore she licked it clean out , which put the Bishop into such a rage , that he cried out for impatience , discovering his harlotry and his choler in such sort as the Friars fled , and the Woman followed . But the Irish men and his own Servants did laugh at the matter , for it was a Viol of the most pretious Balm that grew in Egypt , which Solyman the Great Turk had given in a Present to the said Bishop , after he had been two years Ambassador for the King of France in Turkey , and was esteemed worth 2000 Crowns . In the time that we remained at Odocarts house , his young daughter who fled from the Bishop , came and sought me , where-ever I was , and brought a Priest with her who could speak English , and offered , if I would marry her , to go with me where-ever I pleased . I gave her thanks , but told her that I was but young , and had no Estate , and was bound for France . Now the Ambassadour met in a secret part with Oneel and his Associates , and heard their Offers and Overtures . And the Patriarch of Ireland did meet him there , who was a Scotchman born , called Wachop , and was blind of both his eyes , and yet had been divers times at Rome by Post. He did great honour to the Ambassadour , and conveyed him to see S. Patricks Purgatory , which is like an old Coal-pit which had taken fire by reason of the smoke that came out of the hole . From Odocarts house we went to a dwelling place of the Bishop of Roy , not far from the narrow Firth that runs thorough Loghfeul to the Sea. The said Irish Bishop had been also at Rome , and there we rested other three weeks , waiting for a Highland Bark , which James Machonel should have sent from Kintire with his Brother Angus , to carry us back to Dunbarton . Which being come for us , we parted to a Castle which the said Machonel had in Ireland ; and from that we imbarked and rested a night in the Isle of Jura , and the next night in the Isle of Bute . But by the way we lost our Rudder , and were in great danger when we came to Kiltire . Iames Maconel did treat us honourably , and told the Bishop that he was the welcomer for my sake , because he had been kindly used by my Father when he was warded in the Castle of Dumbar , during the time that my Father was Captain thereof , of whom he made an honourable report to the Bishop . Which occasioned him the more kindly to notice me . After he had caused us to be landed at Dumbarton , we went streight to Sterling ; where after eight days , the Ambassadour took leave of the Queen , and went again to Dumbarton , where there were two French Ships that had brought Silver to Scotland to pay the French Souldiers in Service , there ready to receive us . So sailing by the Isle of Man along the South Coast of Ireland , we landed at Conquet in Brittany eight days after our Embarking , not without some danger by the way both from English Ships , and a great Storm ; so that once at Midnight the Mariners cried that we were all lost . At Brest in Britany the Bishop took Post toward the Court of France , which was in Paris for the time . And because I was young , and he supposed I was not able to endure the toil of riding Post , he directed two Scottish Gentlemen , whose Fathers he had been acquainted with in Scotland , to be careful of me by the way . And we bought three little Nags to ride to Paris . He desired the two Brothers to let me want for nothing by the way , which he would recompense at the next meeting . He left with me as much money as would buy a Horse and bear my expense upon the Road to Paris . Now we three enquired after other company , and found other three young men , the one a French man , the other a Brittain , and the third a Spaniard , who were to ride the same way . We were all six lodged in one Chamber at the first Inn we did quarter at , in which were three Beds , the two French men had one Bed , the two Scots another , the Spaniard and my self the third . I over-heard the two Scotch men discoursing together , that they were directed by the Bishop to let me want for nothing , therefore says the one to the other , we will pay for his Ordinary all the way , and shall accompt twice as much to his Master as we disburse , when we come to Paris , and so shall gain our own expence . The two French men not thinking that any of us understood that Language , were saying to themselves , These Strangers are all young , and know not the Fashion of the Hostlaries , therefore we shall reckon with the Host at every Repose , and shall cause the Strangers to pay more than the custom is , and that way shall save our own charges . And accordingly the next day they went to put it in execution ; but I could not forbear laughing in my mind , having understood so much French as to know what they were aiming at , wherewith I acquainted the young Spaniard ; and so we were upon our guard : yet the two Scotch men would not consent that I should pay for my self , hoping that way to beguile the Bishop : but the Spaniard and I wrote up every days accompt . By the way riding thorough a Wood , the two French men lighted off their Horses , and drew out their Swords , having appointed other two to meet them . But beholding our countenance , and seeing that we were making for our defence , they made a Sport of it , alledging that they had done it to try if we would be afraid , in case we should be assaulted by the way . But these two Rogues that met us , left us at the next Lodging ; and when we came to Paris , the two Scotch men never obtained payment of the Bishop , for that they had disbursed , because of their intended fraud . We were 13 days in riding betwixt Brest and Paris , where we arrived in the Moneth of April . Within a Moneth after our arrival at Paris , the Bishop of Valence was sent to Rome ; and because he took Post , he left me behind him , having Tabled me in a very good Ordinary , and agreed with Masters to teach me the French Tongue , and to Dance , Fence , and play upon the Lute . I know not why he did not present me to the Queen , as he had engaged ; albeit afterward he said that he was minded to make me his Heir . The cause why he was at this time sent to Rome , was this : Pope Paul the Third had exchanged some Lands belonging to the Church , for Parma and Placentia , two Towns appertaining formerly to the Dutchy of Milan , and gave them to his Son Piere Luis Farnes , who married his eldest Son Octavio to the Bastard Daughter of the Emperour Charles the Fifth . The said Piere Luis being murthered for his detestable Vices , the next Pope Julius pretended to bring again the said two Towns to the Church , in stead of the Church Lands that had been exchanged for them ; compelling the Duke Octavio ( finding himself unable to withstand the Popes forces ) to put the said Towns into the King of France his custody : for he was in as great fear of the Emperour his Father-in-Law , who had gotten possession of the Dukedom of Millan . And for that effect he sent his Brother the Duke of Casters to France , to whom King Henry of France gave his Bastard Daughter in marriage . The King of France being as earnest to have an Estate in Italy , as the Emperour was to hinder him from it , by reason of Millan and Naples , to which the King claimed a right , though the Emperour had them in possession . Therefore so soon as he did see the French Garrison within the Town of Parma , he took part with the Pope . Which made the K. of France endeavour to make a Peace with K. Edward VI. of England , by the means of the Duke of Northumberland , who had a strict Friendship with France , having a hidden mark of his own that he shot at , as his Proceedings afterward declared . The Peace with England being concluded , that King Edward should marry Elizabeth Eldest Daughter to Henry the Second of France ; and that he should give his consent that the Queen of Scotland , who was betrothed to him , should be married with Francis Dauphin of France , in which Peace Scotland was also comprehended . The Bishop of Valence was sent to Rome to endeavour to obliege the Pope to desert the Emperour , but he returned without obtaining success in his Expedition : which was the cause that the dealing betwixt the King of France and Oneel in Ireland ceased . And in the mean time the King of France emits a Proclamation forbidding his Subjects to send to Rome for any Bulls , or Confirmation of Benefices ; which together with the agreement with England , put the Pope in great fear that France would become Protestants in despight , as Henry the Eighth had lately done before . He was the more confirmed in this opinion , because an Army was shortly after made ready to pass into Germany , to the aid of the Protestant Princes , where King Henry himself did in person lead thousand men . For then many of the Germans were become Protestants , occasioned at first by the insolent avarice of the Pope , and the shameless proceedings of his selling of Pardons , and by the zeal and boldness of Martin Luther , who being persecuted , was maintained and assisted by the good Duke Frederick of Saxony , the Landgrave of Hesse , and other Princes of the Empire . Whereupon the Emperour Charles the Fifth took occasion under pretext of maintaining the Catholick Roman Religion , to pretend to bring the Empire and all the Dominions thereof , as Patrimony to him and his posterity . And therefore abandoned his Son-in-Law the Duke Octavio to the Popes discretion , for to obtain the greater assistance from him against the Germans . Which design the Emperor had once brought near to pass . For after that he had vanquished the Protestants in Battle , and taken Prisoner Duke John Frederick , he passed thorough the most part of the Provinces and Free Towns of Dutchland , and took from them their Liberties , placing Officers at his pleasure , and receiving from them of Gifts and Ransoms , Sixteen hundred thousand Crowns , and Five hundred Piece of Artillery . Yet he doubted the Landgrave , who was a valiant Prince , and chanced to be absent from the said Battle ; therefore he dealt with Duke Maurice , Godson to the said Landgrave , to persuade his Godfather to come in , under assurance and promise , which the Emperour broke , retaining the said Landgrave captive upon the subtlety of a Syllable . This Duke Maurice was Cousin to the Captive Duke of Saxony , and had obtained the Electorat of Saxony , which the Emperour took from his Cousin and gave to him . Whereupon he , as a fine Courtier assisted the Emperour , helping him greatly in his Victories against his Country and Friends for his own promotion . But when the Landgrave called him Shelm , Pultroon , Traitor , and deceiver of him whose Daughter he had married , he made earnest suit to the Emperour , for the Liberty of his Godfather , though in vain . The Emperour alledging no promise to have been broken to the said Landgrave , causing the Letter of Promise and Pacification to be read in his presence in the Dutch Tongue , wherein was a written word which admitted of two divers interpretations : to wit , this word Enig was interpreted by the Emperour Perpetual , and by the Landgrave and Duke Maurice it was taken for Null or Nane . But they could not help themselves , for the Landgrave was two years so straitly kept by the Spaniards , that oft in the night they held a light Candle to his face , to be assured that he was sleeping ; and vexed him so , that through despight he would spit in their faces , crying out continually against Maurice who was not sleeping : But had sent secretly to the King of France , declaring how not onely his Godfather and he were so abused and deceived by the Emperour ; but that he had begun already to rob the Empire of its Liberties , to change the State thereof to a Monarchy , against the Oath and Promise made at the Election and his Coronation . And that under praetext to suppress Heresie , he was so assisted by the Pope , that he was like to prevail . Intreating the King not to suffer them who were his Friends to be so oppressed , seeing it was no ways his Interest that his Competitor should grow so great , seeing thereby he should be the more in a capacity to annoy him at his pleasure . Whereupon the said King took occasion to levy an Army , and to convoy the same into Almaign , and appearing to seek their Liberty , he possessed himself in his way of Metz , Towl , and Verdun , three great Imperial Towns and Bishopricks . In the mean time Duke Maurice lying at the Siege of Magdeburg Lieutenant for the Emperour , giving not the least ground of suspecting him discontent for the Landgraves retention , but rather endeavouring to make appear how far he was obliged to the Emperour , who had so highly advanced him , like a fine Courtier , evidencing publickly his resolutions of setting forward his Masters Interest , and executing all his Commands , whether they should be right or wrong . Yet the Duke of Alva alledged in secret Counsel with the Emperour , that Maurice lingred too long at the Siege of the said Town . And that it was to be suspected , that he was offended at the usage his Godfather did meet with . But Granvil Bishop of Arras , on the contrary ▪ said , that such drunken Dutch heads needed not be suspected , Especially seeing two of the said Dukes Counsellors were Pensioners to his Sacred Majesty ; and advertised him continually of all the Dukes most secret deliberations . Yet they thought expedient to send for the Duke , to see if he would presently obey , or pretend some excuse , But Duke Maurice had as much subtilty as any Spaniard of the Emperors Council , having had intelligence that the Emperor had bribed two of his Secretaries , yet he gave not the least ground to conjecture that he knew any thing thereof , appearing to do nothing without them , deliberating all his Enterprises in their presence , whereby the Emperour was deluded so as to expect no harm from him . And when the Duke was sent for , he took Post immediately for the Court , taking in his Company one of the Secretaries whom he knew to be the Emperors Pensioner , whom he sent before to shew the Emperor that he was following at leisure , by reason of a pain he had taken in his side occasioned with riding Post. But the Duke had secretly commanded his Lieutenant to bring up the whole Army with all diligence , and to march night and day . So that he surprised the Emperor ere he had received the least notice thereof : for he was compelled to rise from Supper , and fly forth of Isbrugh with Torch-light ; and so clearly out of Dutchland , that he never set foot within it again . This done he sent to the King of France , who was with his Army beside Strasburgh , giving him great thanks for his pains , advertising him of the Emperors flight , intreating him to return home with his Army : for Maurice was dissatisfied that he had taken three of the Imperial Towns , and in the mean time he hasted through the whole Country , restoring the Free Towns to their former Liberty and Priviledges . The Emperor again fearing to be compelled , set at liberty the Duke of Saxony , and the Landgrave of Hess . Finding himself frustrate of his expectation , and understanding that Duke Maurice had a great grudge against the King for taking fraudulently the three foresaid Towns from the Empire , he dealt with Maurice secretly , allowing all that he had done . And so both being reconciled , they together laid Siege to the Town of Metz , though in vain . Whereby may be observed how dangerous it is in Civil Dissentions , to bring in great companies of Strangers to support any of the Parties . It may appear impertinent for me , to write thus much of the Affairs of Dutchland , being my self but young for the time , and not present in the French Army . But afterward when I was in Germany , I had this accompt from the good Elector Palatine , so that none could attain to more certain Information thereof . The Bishop of Valence was at this time at Paris . He was desirous to have some knowledge in the Mathematicks ; and for that effect he found out a great Scholar in divers high Sciences , called Cavatius . This Cavatius took occasion frequently in conference , to tell him of two familiar Spirits that were in Paris waiting upon an old Shepherd , who in his youth had served a Priest , and who at his death left them to him . The Bishop upon the Kings return from Germany , introduced the said Cavatius to the King. Who to verifie what he had said , offered to lose his head , in case he should not shew the two Spirits to his Majesty , or to any he should send , in the form of Men , Dogs , or Cats . But the King would not see them , and caused the Shepherd to be burnt , and imprisoned the said Cavatius . The Bishop had another learned man to his Master , called Taggot , who had been curious in sundry of the said Sciences , and knew by the Art of Palmestry , as he said to me himself , that he should die before he attained to the age of 28. years . Therefore , said he , I know the true Religion to be exercised at Geneva , there will I go and end my life in Gods service . Whither accordingly he went , and died there , as I was afterwards informed . At this time the Bishop of Valence , being at Court in St. Germans , he was resolved to have presented me to the Queen . But in the interim , Captain Ninean Cockburn then one of the Scots Guard , had obtained liberty to visit his Friends in Scotland , and was lately returned . This man was a Busie Medler , and had been sometimes entertained about my Fathers house . He finding that I could speak French , told me that he had a matter of consequence to impart to the Constable ; and intreated that I would go along with him to be his Interpreter , because he had not the French Tongue . But he would not acquaine me with the matter , till he was in the Constables presence . We attended till one day after dinner , when he was to give audience to divers Ambassadors . He commanded us to wait at his Chamber door till two Afternoon , which hour he failed not to keep , after he had heard the Ambassadors , and made report to the King of their demands , and advised him what to answer . We two were brought in to his Cabinet , where he was alone with a Secretary . Then the Captain began to declare , how that in his late being in Scotland , Bishop John Hamilton , whole Guider of the Governour his Brother , had been dangerously sick , so that his Speech was lost without all hope of recovery . That the Queen Dowager of Scotland had taken occasion hereof , to prevail with the Governour so effectually , that he had resigned the Government to her , she being made Queen Regent , and willing me to shew the same to the Constable . But I required to know what further he had to say ; Then he proceeded to shew that when the Bishop of S. Andrews had recovered his Speech and health , by the help of Cardanus an Italian Magician , he cursed , and cried out , that the Governour was a very Beast , for quitting the Government to her , seeing there was but a Skittering Lass between him and the Crown . But I blushed , when the Captain pulled upon me to tell these very words to the Constable . He perceived how loath I was to rehearse it , at last he pressed me . I told him I did not think it worthy to be communicated to his Lordship . He asked my name , and caused his Secretary to write it up , and enquire if I was of Kin to the Captain . Who said in bad French , that I was his Sisters Son. The Constable enquired of me , if that was truth . I told him I had no relation to him at all . Then he desired to know with whom I was in that Country . I answered his Lordship , that the Bishop of Valence had Commission from the Queen Regent of Scotland , to place me her Daughters Page . He desired to know if I would remain with him , in case he procured the Bishops consent . I answered , that I should think my self much honoured , by being in the company of a Person so famous in Europe as he was : but that I believed he durst not dispose of me , in respect of the Promise he had given to the Queen Regent . He answered , that he could present me when he pleased to the Queen ; but if I would be satisfied to stay with him , he would not fail to advance me . I exprest my self much obliged to his Lordship , that he had so far taken notice of me , and willing , if he procured the Bishops consent . The Constable failed not at his first rencounter with the Bishop , to enquire concerning me , and expressed his desire to have me in his Service . To which the Bishop acquiesced , and acquainted me therewith that same night , that the Constable was the best Master in France , and would not fail to promote me . Whereupon I entered into his Service , in the Year 1553. I grant these Trifles are not worthy to be here inserted , were it not to testifie Gods gracious goodness to the posterity of the Faithful . As David observes in his Psalms , I have been young , and now an old , yet did I never see the Iust abandoned . For it was God that moved the Queen Regents heart to take two of my Brothers into her Service , and to send me into France to be placed with her Daughter our Queen . Who also moved the Bishop to be so kind to me , that if I had been his own Son , he could not have had more affection for me : and the same God moved the Constables heart to desire me . In the Year 1553. in the Moneth of May , the Constable of France raised a great Army . And being the Kings Lieutenant , led them first to Amience in Picardy . For when the King of France was in Dutckland with his Army , as he gave out , to help the Princes of the Empire , Mary Queen of Hungary then a Widow , Sister to the Emperour , and Regent of Flanders , entered with an Army into Picardy , and burnt the Kings Palace of Fontanbrey , with divers other little Towns and Villages . Thinking thereby to divert the King , that he should have come back to defend his own bounds . Thus they entered into hot Wars , and the King in his return besieged several Towns and took them . Therefore the Emperour in the Spring time of that same Year , entered in person with a great Army into Picardy , and won Turaan , and Sedan , and burnt divers Burghs and Villages : which caused the Constable to go with his Army to resist him . The two Armies being incamped seven leagues asunder , the Constable was advertised by a Spie , that all the Emperours Horsemen were to come in the night to assault the French Camp. Therefore he to shun that surprise , marched all night forward toward the Enemy , with all his Forces Horse and Foot , whereby he surprised those who thought to have found him in bed , and gave them the overthrow . Many were killed , and some taken ; among the rest the Duke of Arescot , Leader of those designed for that Enterprise , was taken Prisoner . After this Victory , King Henry the Second came to the Camp himself . The Emperour retiring toward the Town of Valencien , the Kings Camp following always upon his Wing , making divers days journeys before he came to the said Valencien . where the Emperour had set down his Camp without the Town upon an Hill , making Trenches round about the same . Where the King presented him battle , waiting in vain a whole day , to see if he might be provoked to come forth . And for that effect sent a number of Infantry Perdews to his Trenches , to bring on the Skirmish , where the Emperour sent out some Companies of Horsemen , who were soon beat back within their Foot. In the mean time the Emperour caused his whole Artillery to fire at our Camp , though not much to our prejudice . We were advertised that the Emperour was determined not to hazard Battle , for he began to believe that Fortune favoured no more his old age . Therefore when night drew near , the King retreated to St. Quintine , where the Constable fell deadly sick , being then in his great Climacterick . Then both the Armies were sent to their Winter Garrisons , the Emperour went for Bruxels , and the King to Paris , and the Constable to his Palace at Chantilly , to recover his health . During this Winter there was a great Convention between Calis and Ardress , where Cardinal Pool was appointed Mediator by the Pope , to agree the two great Princes , but without any effect . Therefore the next Spring the King went first into the Field with his Army , in the Year 1554. as the Emperour had done the Year before . At which time I was made his Pensioner , by the Constables means . His Majesty besieged and took first Marianbrugh , a gallant Town , and of great strength . He took also Bovineand , and at length Dyvan . But the Castle of Dyvan situated upon a high Rock , was stoutly defended by a Spanish Captain , who at length coming forth to speak with the Constable about Composition , was retained ; and the men of War came forth with their Bag and Baggage . Few or none of the Souldiers who came forth of Dyvan , but were hurt either with shelves of staves , by the force of our Battery , or were burnt with the Fire-brands , that they did roll down the steep hill whereupon the Wall was built . And thrice they repulsed our French Footmen , Eleven Banner-bearers whereof went up to the breach : to wit , First one with the Ensign in his hand , not followed with his Company , who was killed , and fell tumbling down the Hill. Then another Souldier to win the Office ▪ took up the Ensign , and went up likewise to the head of the Wall , who was also killed . Then the third , and all the eleven one after another , lost their lives , not at all assisted by their Companies . Notwithstanding that , the Constable , my Master , stood by crying and threatning in vain ; for which he degraded their Captains , and brake their Companies . There was a Scotch-man , Brother to Barnbougle , called Archibald Moubray , who with his drawn Sword ran up to the head of the Wall , and returned safe . But he got no reward , though I used all my endeavours for him . Thus many are readier to punish faults , than to reward good deeds . After this the King entered far in the Low-Countries , burning and carrying away great Booties . But so soon as the Emperour could convene any Forces together , our Army began to retire homeward . Then the Emperour sent five thousand Horsemen , to see if they might perceive any occasion of advantage . Which they frequently assayed , assailing our Rear-guard at the passing over a little Water . At which time the Constable staid behind himself , and turning his face toward them , he withstood their charge stoutly with the French Footmen , and some Light-horsmen , until the whole Army had passed over the said Water , not far from Cambray . So the Emperours Horsemen followed no further at that time : believing that the King was resolved to return to France , and dismiss his Army for that year . But the King drew along the Frontier toward a place of great strength , called Kenty , where he planted his Camp , and besieged the said place : which I heard the Constable promise to deliver to the King in eight days . Which promise was not performed , for the Emperour came in person with his Army for the relief thereof . Which Army the Constable rode out to meet with the whole French Horsemen , leaving the Foot at the Siege . For he had great intelligence , and had heard where the Emperour was resolved to encamp , marching along a great Hight which had a Steep towards the part where our Camp lay . But it was easie to ride up and down at the side thereof . Where our Horsemen did ride , and the Emperour sent down some on Horseback to skirmish . At which time Normand Lesly Master of Rothess won great reputation ; for with thirty Scotchmen he rode up the Hill , upon a fair Grey Gelding . He had above his Coat of black Velvet his Coat of Armour , with two broad white Crosses , the one before and the other behind , with Sleeves of Mail , and a red bonnet upon his head , whereby he was known and seen afar off by the Constable , the Duke of Anguion , and Prince of Conde . Where with his 30 he charged upon 60 of their Horse-men with Culverines , followed but with seven of his number . He in our sight struck five of them from their Horses with his Spear before it brake . Then he drew his Sword and ran in among them , not valuing their continual shooting , to the admiration of the beholders . He slew divers of them , and at length when he saw a company of Spear-men coming down against him , he gave his Horse the Spurs , who carried him to the Constable , and there fell down dead : for he had many shots , and worthy Normand was also shot in divers parts , whereof he died fifteen days after . He was first carried to the Kings own Tent , where the Duke of Anguien , and Prince of Conde told his Majesty that Hector of Troy was not more valiant than the said Norman : Whom the said King would see dressed by his own Chirurgions , and made great moan for him . So did the Constable , and all the rest of the Princes , but no man made more lamentation than the Laird of Grange , who came to the Camp the next day after , from a quiet Road whither he had been commanded . Now the Emperour set down his Camp two miles from Renty , and in an instant entrenched the whole Camp round about , save onely the face of the steep Hill that looked towards our Camp. All that night there were many upon the Watches of both Armies , for every man looked for a Battle the next day following . And therefore the Emperour , like an old experienced Captain , seised upon a Wood in the night time , that lay upon a Hill side between the two Camps ; which was not onely a great advantage to him , but compelled the most part of our Army to stand in arms all night ; whereby they were rendred the more unable against the next day , wanting the refreshment of rest , and then the place of Battle was a plain Valley that lay under the said Wood. The next morning early , after every man had said their prayers , and taken a little refreshment , we placed our Army in good order of Battle , under the said Hill and Wood. The King himself that day commanded the Battle , but he desired the Constable to abide with him , to give Counsel as occasion would fall out . The Duke of Guise led the Vant-guard , and the Marshal of St. Andre the Rearguard . First so many of our French Foot , as are called Infant Perdews , were led along the Hill and Wood , beginning to skirmish with the Spaniards , who were within the Wood ; who had so great advantage , being covered with Bushes and Trees , that they compelled our Foot to retire fearfully . Which well favoured beginning the Emperour might well perceive from the Hill whereon he was encamped . Therefore like a skilful Captain , he took the occasion to hazard a good part of the Vant-guard with seven Field-pieces , who by his direction came forward . The Spaniards with their Fire arms through the Wood , a thousand Lance-Knights with bright Corslets , along the Hill side , with long Pikes . The Count of Swertsenburg with all his Reiters at the Hill Foot , and the whole Light-horsemen of the Emperours Army upon his right hand . At which time , our Foot , who were appointed to skirmish with the Spaniards , retired more and more , as also our Light-horsemen in the alley , drew aside , and gave too great place to the Emperours Vant-guard . Which when it came where Monsieur D' Tavanes , and Monsieur D' Lorge stood with their Companies , seeing them make for defence , they marched more coldly . The Duke of Guise in the mean time said , that he would ride back to the Battle , and obtain the Kings Command before he would charge upon the Enemy . But Monsieur de Lorge who was an old Captain , alledged that there was no time to take Counsel , for the Enemy said he , will be as soon at the King as you . Therefore it was resolved , to charge couragiously upon the Enemy ; which being done , and a little rencounter made , the Reiters shot off all their Pistols , and finding themselves not backed , nor followed with the rest of the Emperours Army , as they alledged was promised unto them , they gave back and fled , being pursued by our Horse , who slew several of the Dutch Foot , and some of the Spaniards , for the Wood was their relief , but the Horse all escaped , within the Ramparts of the Emperours Camp. Their Field-pieces were taken , and many Spaniards made Prisoners . Therefore we called it a won Battle , and marched forward , possessing the ground where the Fight was , and set down our Camp the same night hard beside the Emperours . Who seemed not that he had lost any thing , but remained stedfastly within his Trenches . All that night the Army for the most part was upon the Watch , and the next day the Armies looked peaceably one upon another . For we would not hazard to charge them within their Foot , and they staid for twelve thousand fresh men that were coming to their aid . But in the Evening , they discharged all their Cannons , which overthrew part of our Tents ; and we again discharged all our Cannon at them , and did laugh to see the bullets light and rebound among them . Yet the same night , without Trumpet or beating of Drum , we raised our whole Army , and retired home to our own Town of Montreal , and left Renty unwon , alledging that we had won a battle , which was better ; and that we wanted Horse-meat in the beginning of Winter . But the Emperour suffered us patiently to pass away , not appearing to understand that he knew any thing of our retreat , being content that he had preserved Renty from being taken . After this , the Emperour being aged , and finding himself vexed with the Gout and Gravel , he thought fit to leave the World , and retire himself to a Monastery of Monks in Spain . But first he made means with the Princes of the Empire , to elect his Son Philip to be Emperour , which they altogether refused , thinking him too mighty and the more in a capacity to subdue their Liberties , as his Father had attempted to do before . But they were content to chuse his Brother Ferdinand , who was King of Bohemia , and Archduke of Austria , which Dominions lay nearest the Turks . The said Ferdinand having also some Lands in Hungary , would be compelled to de fend his own Lands , and that way would be content with less Contribution from the Estates of the Empire . He gave over to his Son Philip his other Kingdoms and Dominions that he had in Spain , Italy , and the Low Countries . And for the establishing his said Sons Estate , he drew on a Treaty of Truce for the space of five years with France . Which was agreed upon , and sworn between the Parties . But the said Truce was soon broken at the persuasion of Pope Paul the Fourth , who intending to bring back again to the Church , some Church Lands that his Predecessors had disposed to their Friends . As the common custom of Popes is , the one Pope dispones to his Bastards or Nephews , the next Pope revokes the Lands , pretending the same to be for the good of the Church , and gives them again to his Kindred and Friends . But those who had the Lands that Pope Paul the Fourth claimed , were a great Clan in Italy , called Collonois , who were dependers upon the King of Spain , and were under his Protection , and would not grant to give over any of their Possessions unto the Pope , neither for his Cursing , Threatning , or Bragging , but stood in their own defence . Whereof the Pope impatient , put on by two of his Nephews , sent the one of them to France called the Cardinal Caraff. The said Legat had born before him a Hat upon the point of a Sword , both Hat and Sword to be presented to the King of France . The Sword as an assured token of Victory , and the Hat as a token of triumph : requiring the King as eldest Son of the Catholick Church of Rome , to send an Army to Italy , to help the Popes Holiness to recover again to the Kirk , such Lands as were wrongfully with-holden from the same , by the said race of the Collonois . And for to take away all scrupulosity from the Kings Conscience , by reason of his Oath and Sacrament at the closing up of the Truce with the King of Spain , he the said Cardinal as Legat from Gods Vicar , having power , would give him full absolution , he having power to bind and loose . Alledging moreover that in doing so dutiful an Office for the Kirk , the King should reap a great advantage to himself , seeing he might thereby be put in possession of the Kingdom of Naples by the Forces of the Pope . Who should join with the Kings Army , after he had helped the Kirk to recover her Lands from them , who were maintained in the possession thereof , by his Competitor the King of Spain . The Duke of Guise and the Cardinal of Lorrain his Brother , imbraced this Proposition very earnestly . For the Duke expected to be made Vice-Roy of Naples , whereby he might the more easily sometime make his Brother Pope . But the old Constable my Master , was utterly against the breaking of the Peace . Yet the two ambitious Brothers prevailed , persuading the King , that as the Constables age required rest , so the King being in the flower of his years , ought not to let slip so fair an occasion to recover again the Kingdom of Naples , to the Crown of France . Thus a great Army was prepared and sent into Italy , under the Conduct of the Duke of Guise , and likewise the Kings Lieutenant in Piccardy entered in upon the King of Spains Dominions with Fire and Sword , so unexpected by those of the Low Countries , that some of the French Light-horsemen entered upon Horseback , within one of their Kirks upon a Sunday , and snatched the Chalice out of the Priests hands when he was mumbling his Mass. The King of Spain took this breach of the Peace heavily to heart , and both assisted the Collonois against the Popes Forces more earnestly than he would have done ; and also prepared a great Army against the next Spring , to invade the Frontiers of Piccardy in France . In the mean time that the Duke of Guise with his French Army was in Italy , the Pope took occasion hastily to compound with the Collonois ; who finding themselves like to be straitned , before the King of Spains Forces could be ready to support them , gave the Pope part of his desire , he securing to them the rest . But the Duke of Guise judged himself greatly disgraced by the Popes guile , and disappointed as to the expectations he had of the preferment to the Kingdom of Naples , when he understood that the Pope was agreed without him , and that in stead of concurring and helping him to conquer the Kingdom of Naples , according to his engagement , he plainly refused ; pretending that the Winter was near at hand , and that it was , by far more fitting , that all Christian Princes were agreed among themselves , to make War against the Great Turk . So that all the favour the Duke of Guise had , by undertaking this Journey into Italy , was to get a Kiss of the Popes Foot ; which occasioned great anger in the King of France , both at the one and the other . Then for the space of two Moneths , every man at the Court of France had liberty to speak ill of the Pope , who at that instant agreed with the King of Spain by the mediation of that same Cardinal Caraff , who had carried the Sword and Hat a little before to the King of France . Which Cardinal was afterwards strangled by the next Pope Pius IV. for practising to bring the Great Turk into Italy , against the Christians . Which he at his death confessed he had , for his own greatness . This I understood afterward , being at Rome . Now to return to the Duke of Guise his Army , abandoned by the Pope . He returned to France with the loss of the most part dead for hunger , and weakned by sickness , and slain by the Spaniards , who waited at their heels all the way . Before the Duke of Guise his coming home to France , the King of Spain was entered upon the Frontiers of France with a great Army of ...... thousand men . Whom to resist , the Constable , my Master , was sent with sixteen thousand . The day before he took leave of the King at Rhemes in Champaigne , riding to the hunting , there came a man in grave apparel following him on Foot , crying for audience for Gods sake . Whereupon the Constable staid , willing him to speak . Who said , The Lord says , seeing that thou wilt not know me , I shall likewise not know thee , thy glory shall be laid in the dust . This strange language put the Constable in such a rage , that he strook the poor man into the face with the horse rod which was in his hand , and threatned to cause him to be hanged . The man answered , he was willing to suffer what punishment he pleased , seeing he had performed his commission . The Duke of Nevers perceiving the Constable troubled , drew near , desiring to know the cause . The Constable told him that such a Knave had been preaching to him of God. Then the Duke did also threaten the poor man. But as they did ride forward after the King , I staid behind , and asked the man what had moved him to use such strange language towards the Constable ; he answered , That the Spirit of God gave him no rest till he had discharged his mind of that Commission given him by God. Now the Spanish Army above mentioned , was led by Emanuel Duke of Savoy , along the Frontiers of France , 〈◊〉 at last planted his Camp about the Town of St. Quintin . Whith 〈…〉 onstable sent the Admiral of Chastillion , his Sisters Son , to de 〈…〉 he same , and lodged his Camp at La Ferr , five Leagues from the Town of St. Quintin : which was not sufficiently furnished with Men and Munition , wherefore he assayed the next day , in vain , to put in it more Companies , under the Conduct of Mounsieur d' Andelot , Brother to the said Admiral . After the preparation of two days , he marched forward with his whole Army toward St. Quintin , carrying with him eighteen Cannons , with some Boats that are commonly in Camps , to pass the Army over Rivers and Waters . For there was a little Logh upon the South-west side of the Town , in the which the said Boats were set . And Monsieur D' Andelot , first with three hundred , entered the Town that way ; but so soon as it was perceived , the Enemy stopped the rest from entering . But so soon as the Duke of Savoy was coming with his whole Army towards us , the Constable alledging that he had furnished St. Quintine sufficiently , drew homewards toward La Ferr in good order , intending to eschew Battle if he could , the other being more powerful than he . His intention was to pass and besiege Calis , but the whole Horsemen of the Enemy were hard at us , against the time we had travelled four miles ; where the Constable stopped a little time . At length he said , that these Horsmen came to stay us till the Foot were advanced . Therefore he thought best to pass forward to a narrow Post betwixt a Wood and a Village , there to give them Battle , if he could not escape them . In the mean time the Marshal D' St. Andre , a great Man for that time , gave unhappy advice , that all the French Servants who were on Horseback , should retire from among the men at Arms , lest they should be an impediment to them who were to fight , there being as many Servants as there were Masters . They were glad to get them out of the Prease , spurring their Horse with speed homewards , intending to stay upon some Hill to behold the Combat . The Enemy perceiving so great a number of Horsemen , as they thought flying , in the very instant , took occasion to charge upon our Light-horsemen . Whereupon the Constable being in a Valley between two Hills , marching toward the strait part where he intended to stay , spurred forward up the little Hill , that he might see how to resist , and put order to the Battle : which gave an hard apprehension to others that he was flying . But when he turned on the top of the Hill to behold the Onset , no man would tarry with him for any command . Though he always cried return , return , their heads were homewards , and their hearts also , as appeared . Then his Master of the Horse bringing him a Turky speedy Horse to run away with the rest , he answered in anger , That it was against his Profession and Occupation to fly ; addressing himself fearlesly against the greatest Troop of Enemies , saying , Let all true Servants to the King follow me : though onely threescore Gentlemen accompanied him , who were all overthrown in an instant . The Constable desired to be killed , but the Master of the Horse cried continually , It is the Constable , kill him not . But before he was known , he was shot through the thigh , and then was taken prisoner . I being hurt by a stroke upon the head , was again mounted by my Servant upon a Scotch Gelding , which 〈…〉 ed me through the Enemies , who were all betwixt me and h 〈…〉 Two of them struck at my head with Swords , because my 〈…〉 ece was strucken off in the first rencounter . These two were standing betwixt us and home , to catch Prisoners in a narrow strait . But my horse ran through them against my will , and through the Village , for the Field between it and the Wood was full of smoke of the Culverins . There most of our Foot were slain . The leaping over a Dike separated me from the two , and so being past the said Village there was room enough to escape . So I came safe to La Ferr , where I did meet with Mr. Henry Killegrew an English Gentleman , my old Friend , who held my horse , till I sate down in a Barbers Booth to be dressed of the hurt in my head . In the mean time a Proclamation was made that no man should remain within the Town , but the ordinary Garrison , because the Governour thereof looked for a Siege . By the loss of this Battle , the Town of St. Quintine and several other Towns were lost . Whereby the King of France found himself reduced to so great straits , that he was compelled to accept of a very hurtful Peace at Cambray ; where I was for the time with my Master the Constable , yet a Captive . With the said Constable , was adjoined in Commission the Cardinals of Lorrain and Chastillion , the Marshal of St. Andre , the Bishop of Orleance , and the Secretary Anbapin : For the King of Spain , were the Duke of Alva , Prince of Orange , and Cardinal Granvel : for Queen Mary of England , were Commissioners , William Bishop of Ely , and Doctor Wotton . The Commissioners made peace betwixt France , Spain , England and Scotland . The Constable was much for the Peace , the Cardinal of Lorrain desired the continuance of the Wars . For by the Peace , the Constable would get leave to come home , to guide the King and Court again , as he had formerly done . By the continuance of the Wars , he would remain still Prisoner , leaving the Government of the King and Court of France to the Cardinal and the Duke of Guise , his Brother . Spain that was victorious , took advantage of their strife and emulation . France and England lost by the said Peace . The King inclined most to the Constables Counsel . England appeared desirous that Calis should be restored , believing that the King of Spain would not agree till they had satisfaction of their demands . Yet they were frustrate of their expectations . At length perceiving the two great Kings careless of their satisfaction , they appeared content with a scornful mean ( albeit it was not ) cast in by the Cardinal of Lorrain : to wit , that Calis should be restored to them at the end of eight years , or else five hundred thousand Crowns . And for payment of the said sum , in case the said Town was not rendred unto them at the end of the time specified , that in the mean time they should have three great men of France , to be kept as Pledges for the restitution of the said Town . Now the English Commissioners knew that nothing of this would be kept , nevertheless they appeared content , finding themselves abandoned by Spain . So the Peace being concluded , Spain obtained all their desires , the Constable obtained liberty , the Cardinal of Lorrain could not mend himself , no more than the English Commissioners . However the said Cardinal took this advantage of the said Peace , that the first Article of the Peace obliged all of them to leave their partialities , and join together to suppress the great number of Hereticks , who were so increased through all their Dominions , that it was thought hard enough to the Pope , the Emperour , the Kings of Spain and France , together with the Queen of Scotland , to reduce them again to the Catholick Faith. The said Cardinal proposed to himself another advantage , wherewith to recompense his losses : for he thought at the end of eight years , when England would look either to get Calice restored again to them , or else the sum above specified , he would cause his Sisters daughter , the Queen of Scotland to be proclaimed righteous Queen of England , and alledge that Queen Elizabeth was but a Bastard . And that way he thought not onely Calice , but all England should appertain to the Queen of Scotland . As for the Pledges , he resolved such men should be chosen that France would make little account of . After the concluding of this Peace , Ambassadors were sent to Flanders and England . The Cardinal of Lorrain out of France , to take the King of Spains Oath , and to swear for the King of France his observation thereof . The Secretary Dardois also was sent out of France , to do the like in the name of the Dauphin of France and the Queen of Scotland his Spouse , giving them this new stile , In the name of Francis and Mary King and Queen of Scotland , England , and Ireland , Dauphin and Dauphinois of Viennois . Whereat the Duke D' Alva and Cardinal Granvel smiled , saying this will breed some business ere it be long . The Cardinal of Lorrain shortly after caused to be renewed all the Queen of Scotlands silver Vessels , and engraved thereon the Arms of England . The Marshal Montmorancy my Masters eldest Son , was sent to England to swear the Peace , and to take the Queen of Englands Oath . So soon as Sir Nicholas Throgmorton understood of this new Stile and Arms , usurped by the Queen of Scotland , to which he said she had no right , he being Ambassador from the Queen of England to France , complained thereof to the King and Council of France , though he got but Dutch excuses ; alledging that in Dutchland all the Princes Brothers , Cousins , or Children , are stiled Princes or Dukes of that same House . The Constable advised the King to Commission me to swear the Peace in Scotland . But the Cardinal of Lorrain alledged Mounsieur Bettancourt Master of the Houshold to the Queen Regent was meeter ; because the Instructions tended to declare unto the Queen Regent , how that the first and principal Article of the Peace , was that the Pope , the Emperour , the Kings of Spain and France , should join together to reduce again the most part of Europe to the Roman Catholick Religion , and to pursue and punish with Fire and Sword all Hereticks , who would not condescend to the same ; desiring the Queen Regent to do the same in Scotland ; and to begin in time , before the Heresie should spread any further ; which was already too far spread by her gentle forbearance , as had been reported to the King of France . Praying her diligently to take course therein without fear , or respect of persons , seeing that no Country of it self was able to withstand the whole Forces of so many confederate Catholick great Princes . It is above declared , that all those Prelats who had great Rule and Authority for the time , had assisted the Queen Regent in breaking the Contract of marriage with England , and transporting the young Queen to France . But the Archbishop of St. Andrews began to think that in case the young Queen died without succession to her body , that the Earl of Arran his Nephew might the easilier be Crowned , the Governour his Father being already in possession , was against the transporting the Crown matrimonial to France . And he having for the time , the guiding b●●h of the Governour his Brother , and of the Country , drew easily the most part of the Clergy upon his side . Whereupon the Queen Dowager was compelled to address her self to a contrary faction , to be the more in a capacity of compassing her design ; to wit , to the Nobility and Barons , who were become Professors of the Reformed Re ligion , conniving at their secret Preaching , for further ingratiating her self with them , whereby the Protestants so increased , that the most part of the Country became Professors of the Reformed Religion . And such as had upon that accompt been formerly banished , as upon account of the slaughter of the Cardinal , were called home to fortifie the Faction that most furthered her designs . In the mean time the Bishop of St. Andrews fell sick , so that he lost his Speech and was given over for dead . The Queen Dowager looks upon this as a fit opportunity of wresting the Government out of the Lord Hamiltons hands , having the concurrence of the Lords that were Protestants , and their dependents , who were not a little incensed at the said Governour , because he had been so influenced by his Brother , as by his Council to endeavour the ruine of their Religion . And the ways they took became effectual , he having been at last induced to resign the Government into the Queens hands ; who thereupon was declared Regent . The Protestants were thus at this time her best friends , and by the diligent preaching of the Preachers , they were increased to so great a number , that she judged it would prove a dangerous and difficult matter to compel them to desert their Principles . But the instructions which Bettancourt brought to her , and to Monsieur Dosel Lieutenant in Scotland for the King of France , and to all others who had greatest credit about her Majesty were so strict , and mixed with some threatnings , that she determined to follow them . She therefore issued out a Proclamation a little before Easter , commanding every man great and small to observe the Roman Catholick Religion , to resort daily to the Mass , that all should make Confession in the ear of a Priest , and receive the Sacrament . By word of mouth she acquainted several of the Protestant Lords , that they behoved to desert their Principles , she shewed to them the Commission that was sent her out of France , and the danger that would follow thereupon , if not obeyed . When the Nobility and States of the Country perceived her to be in earnest , finding themselves also threat'ned by Monsieur Dosel , they left the Court : And consulting together what was meetest for them to do , they sent unto her Majesty the Earl of Argile , and Lord James Prior of St. Andrews , to shew her Majesty , in name and behalf of the rest , how that they had been permitted by her Majesty , to keep their own Ministers of a long time , sometimes secretly , and sometimes openly . That by her tolerance , their Religion had taken such root , and the number of the Protestants so increased , that it was a vain hope to believe , they could be put from their Religion , seeing they were resolved , as soon to part with their lives , as to recant . The Queen Regent did as much dis-relish this kind of Language , as they had done her Proclamation , so that she began to persecute , and they to stand to their own defence , binding themselves together , under the name of the Congregation . Therefore they brake down Images , Kirks , and Cloisters . The Queen Regent sent to France , advertising her Daughter , and her Husband of these disorders , requiring help and Forces to suppress this in time , or else all would be lost : Declaring that she had ground of fear , that my Lord James Prior of St. Andrews , natural Son to James the Fifth , would under pretext of this new Religion , usurp the Crown of Scotland , and pluck it clean away from the Queen her Daughter , unless sudden remedy were applied thereto . Upon this advertisement , some of the Council of France advised , presently to raise a great Army for reducing of Scotland ; but the Constable counselled the King , whose Pensioner I was for the time , to send me unto Scotland . The King first gave me his Commission by word of mouth , and then the Constable his chief Councellor , directed me at length in his Majesty's presence , as followeth . Your Native Queen , saith he , is married here in France unto the Dauphine , and the King is informed by the Cardinal of Lorrain , that a Bastard Son to James fifth , called Prior de St. Andre , pretends under colour of Religion , to usurp the Kingdom unto himself ; his Majesty knows that I was ever against the said marriage , fearing thereby to make our old Friends our new Enemies , as is like to come to pass this day . But I gave too great place to the House of Guise , to deal in the affairs of Scotland , because the Queen Regent is their Sister . But now seeing their violent proceedings , are like to occasion the loss of the Kingdom of Scotland , I must needs meddle , and put to my helping hand , as having better experience of the nature of that Nation , then apparently they have . I assure you that the King is resolved to hazard his Crown , and all that he hath , rather then that your Queen be robbed of her right , seeing she is now married unto his Son. And he resolves to send an Army to Scotland for that effect , though he would gladly shun the trouble thereof , if it were possible . For now after his Majesty hath had Wars long enough with his old Enemies , and hath agreed with them upon very rational considerations , he is loath to enter again into a new unnecessary War , with his old Friends . Seeing there is probable ground of conjecture , that it is not their default , but that the same is occasioned by the harsh usage they meet with . I hear that Monsieur Dosel is cholerick , hasty , and too passionate . Such are not qualified to rule over remote , and form'd Countries . I have also intelligence , that the Queen Regent hath not kept all things promised unto them . The King my Master is not so rash , as readily to believe that Scotland , who had kept so long . Friendship with France , would now so slightly break their old band , and abandon their duty to their Lawful Prince . The King is well acquainted with the inconveniencies which may arise upon so distant , and beyond-Sea Wars . He knows what charge it is to furnish out Ships ; which perchance may be thrice victualled , e're they make Sail , by reason of contrary Winds , and that your Seas are very dangerous . The Marquess de Albuiff was driven upon the Coast of Norway , when he thought to have landed in Scotland , so that his Voyage did no good , though his preparations for the same was very expensive . Though our Army were well landed in Scotland , how oft might they stand in need of supply , when we by reason of these , and several the like difficulties , will not be able to help them , whereof we have too good experience , when Monsieur de Lorge was there . I have brought you up from a Child I understand that you are come of an honourable Family ; I have assured the King , that I have had good proof of your honesty , so that his Majesty is well minded toward you , at whose hand I hope you shall deserve a good reward , this is a Commission of a far greater importance , then that which Betancourt carried . For the King will stay , or send his Army , according to your report . Give it out , that you are only come home , to visit your Friends . Let neither the Queen Regent , nor Dosel , know of your Commission , wherein you are implored by the King , who is now your best Master . First try diligently and perfectly well , whether the said Prior pretends to usurp the Crown of Scotland to himself , or if he be moved to take Arms only for Conscience sake , in defence of his Religion , himself , his dependants , and associates . Next try what promises are broken to him , and them , by whom , and at whose instance . Thirdly , if they desire another Lieutenant , in place of Dosel . If it be only Religion that moves them , we must commit Scots-mens Souls unto God , for we have difficulty enough to rule the Consciences of French-men . It is the obedience due unto their Lawful Queen with the Body , that the King desires . If any promise be made to them , and not kept , the King nor I are not to be blamed . If they desire any other Lieutenant in place of Dosel , the King will send one , who I hope shall please them . After that the Constable had ended his instructions , the King laid his hand upon my shoulder , and said , do as may Cousin hath directed you , and I shall reward you . So I kissed his Majesty's hand , and taking my leave , I went through England , and found the Queen Regent within the old Tower of Falkland : Because that same day , her Army under Duke Hamilton , and Monsieur Dosel , was ranged in battel upon Couper Moor , against the Lords of the Congregation ; at what time her Majesty made a hard complaint unto me of her disobedient Subjects . And even as I was speaking with her , the Duke , and Monsieur Dosel returned from the said Moor , without Battel . Whereat the Queen was much offended , thinking they had lost a very fair occasion . I laid my self wholly out , to be informed if my Lord James intended , as was reported of him , to make himself King. Mr. Henry Balneavs was then in great credit with him , and loved me as I had been his own Son , by reason of some acquaintance I had with him in France , and small services I had done him there , during his banishment . He first acquainted me fully so far as he knew , of my Lord James his intention , and encouraged me to be plain with the said Lord James , assuring me of secresie and honest and plain dealing . He was a godly , learned , wise and long experimented Councellor . He went with me to the said Lord Prior , having shew'n him my Commission , which was very acceptable to him , he delayed not to advise with any other of his Councel , what answer he should give me , but instantly and plainly told me his mind , in presence of the said Mr. Henry . First he declared , what acceptable service he and his associates had done to the Queen Regent , chiefly of late , when the Bishop of St. Andrews had drawn the most part of the Clergy against the transporting the Crown Matrimonial to France . Albeit he had been mainly instrumental of sending the Queen thither , and in perswading the Governour his Brother to break the Contract of Marriage with Edward of England . He told what liberty of Conscience her Majesty had granted unto them , until the time that the Master of her Houshold , Monsieur Bettancourt returned from France , with the news of the Peace ; and that though since that time , she had changed her behaviour and countenance toward him , and those who had done her best service , he knew well enough that it proceeded not from her own nature , but was occasioned by the perswasions and threat'nings of her Brother , and friends in France . And further he rehearsed unto me , all her and their former proceedings , whereof mention is made already , affirming still his good will to her Majesty's service . And he further declared , That the more effectually to remove all suspicions from his Sovereign and her Husband , of his design'd Usurpation , he was content to banish himself perpetually out of Scotland , if it would please the Queen , and the King of France , to grant him and his associates , such liberty as the Queen Regent had permitted them , till the home-coming of Bottancourt . Providing that his rents might come to him to France , or any other Countrey where he should reside . And for security hereof , he offered that sufficient pledges of the Noble-mens Sons in Scotland , should be sent to France . So that no King nor Queen of Scotland , did ever receive more chearful obedience , then her Majesty should do , notwithstanding of her absence . With this answer , I took my Journey through England to France , and at Newcastle fell in company with an English man , who was one of the Gentlemen of the Queens Chamber ; a Man well skill'd in the Mathematicks , Negromancy , Astrology , and was also a good Geographer . Who had been sent by the Council of England , to the borders , to draw a Map of such Lands , as lye between England and Scotland , which part was alledged to be a fruitful Soil , though at that time it served for no other purpose , but to be a retreat to thieves . For Queen Elizabeth of England was lately come to the Crown , and had been advised by her Council to this course , as tending not only to the enlarging of her bounds , but rendering these parts civil . I know not the reason why they followed it not , though I conjecture , that the variance which fell out between the Two Kingdoms hindered it . The English man and I , by the way , entered into great familiarity , so that he shewed me sundry secrets of the Country , and of the Court. Among other things he told me , that King Henry the Eighth , had in his life-time been so curious , as to enquire at Men called Diviners , or Negromancers , what should become of his Son King Edward the Sixth , and of his two Daughters , Mary and Elizabeth . That answer was made unto him again , that Edward should dye , having few days , and no Succession ; and that his Two Daughters should the one succeed the other . That Mary his eldest Daughter should marry a Spaniard , and that way bring in many strangers to England , which would occasion great strife , and alteration . That Elizabeth should Reign after her , who should marry either a Scottish man , or a French man. Whereupon the King caused to give poison to both his Daughters , but because this had not the effect he desired ( for they finding themselves altered by vehement vomitings , and purgings , having suspected poison , had taken remedies ) he caused to proclaim them both bastards . But the Women that attended about Queen Mary , alledged that her matrix was consumed . For she was several times supposed to be with Child to King Philip of Spain , yet brought forth nothing but dead lumps of flesh . Therefore ▪ to be revenged upon her Father , the English man told me , that she had caused , secretly in the night to take up her Father's bones , and burn them . This the honest Gentleman affirmed to be truth , though not known to many : He was a Man of great gravity , about fifty years of age . When he came to London , he shewed me great kindness , and made me a present of some Books . Upon my return to France I found a great change , King Henry the Second being hurt in the head with a shiver of a Spear , by the Count of Montgomery , at the Triumphal Justings of his Daughter's marriage with the King of Spain , dyed Eight days after at Paris . And the Constable my Master was commanded to retire him from Court , to his House , by the new King , Francis the Second , Husband to our Soveraign : who was wholly guided by the Duke of Guise , and the Car●●●al Lorain , competitors to the said Constable in Court Emulation . Which occasioned , that my Voyage , and the answer I had got , was all in vain : for the House of Guise , were the chief instruments of all the troubles in Scotland . When I did shew the Constable at his House the answer , of my Commission , which was according to his hearts desire , the Tears came over his cheeks , crying alack for the loss of the King my good Master , that he should not have seen before his death , Scotland recovered again , which he esteemed lost : seeing you are thereby also frustrate of a good reward , which this your service merited . Now I have not such interest as I formerly had to advance you , but if you will take such part as I have , you shall be very welcome . I answered , that as I had been with him in his prosperity , I would not desert him in his adversity . Now there was no more appearance of concord betwixt the Queen Regent , and the Congregation in Scotland . For the King of France was raising Men to send thither : The Congregation again sought help from England , which they obtained , the rather because the English Ambassadour resident in France , had advertised his Mistress , how that the Queen of Scotland , and her Husband had taken the Style of England and Ireland , and also had ingraven the Arms thereof upon their Silver Plate . The Queen Regent , and Monsieur Dosel with his French men ; inclose themselves within Leeth , which they did fortifie to receive the French supply , which was daily expected . At length those who were besieged made a sally , caused the Congregation to fly , and took their Artillery , till an Army from England , came under the conduct of the Duke of Norfolk . At which the Queen Regent being indisposed by the Sea Air at Leeth , retired her self to the Castle of Edinburgh . Where she took sickness and dyed , during the time that Leeth was besieged , both by Scotland and England , regreting that she had occasioned to her self , and the Kingdom , so much unnecessary trouble , by following the advice of her French friends . During the Siege of Leeth , all Scotch men who were in France , were detested ; and divers of them upon suspicion made Prisoners . Which obliged me to repair from the Constable's House , to the Court , to require License from the Queen my Soveraign , to visit other Countries , whereby I might be rendered more able afterward to do her Majesty agreeable service . Which she granted , and presenting me to the King her Husband , I had a kiss of his hand , and so took my leave . The Constable my good Master , recommended me to the Elector Palatine , advising me to remain at his Court , to learn the Dutch Tongue . I was courteously received by the said Prince Elector , and obtained such favour at his hands , that he obliged me to attend at his Court , as one of his Servants . So soon as he heard of the death of King Francis the Second , King of France , who dyed at Orleance . I was sent to condole for the said King's death , as the custom of Princes is , and rejoice with the new young King Charles the Ninth , also to comfort our Queen , and the Queen Mother . The King's death made a great change , the Queen Mother was glad at the death of King Francis her Son , because she had no guiding of him , he being wholly councelled by the Duke of Guise , and the Cardinal his Brother , the Queen our Mistress , being their Sister Daughter . So that the Queen Mother was much satisfied to be freed of the Government of the House of Guise , and for this cause she entertained a great grudge at our Queen . In the mean time the King of Navarr , and Prince of Conde , who were imprisoned , and should have been executed three days after , the Scaffold being already prepared , were by the Queen Mother set at liberty . The Constable also having been charged to come to Court , expected no better measure ; he therefore gave if out that he was sick , being carried in a Horse-Litter , and making little Journeys , he drew out the time so long by the way , that in the mean time the King dyed . Whereof being informed , he leapt on a Horse , and came frankly to Court , and like a Constable commanded the Men of War , who were upon the Guards . The Duke of Guise and his Brother , were commanded out of the Town . The Queen Mother was glad at the Constable's coming , seeing she found her self by his authority and friendship with the King of Navarr , the more in a capacity to drive the House of Guise from Court. The Estates were convened at Orleance , and for the time the King of Navarr fell to be Tutor , and Governour to the young King , and the Countrey . But the Queen Mother knowing his faculty , handled the matter so finely by the Constables help , that the King of Navarr procured from the Three Estates , that the Queen Mother should be Regent of the Realm . To whom he rendered up his place , being satisfied to be but her Lieutenant . She having attained this great point , caused the Estates to require that an accompt should be made to them , by the Duke of Guise , the Marshal de St. Andres , and the Cardinal , of their intermission with the King's Rents , and affairs of the King and Countrey . Whereupon they left the Court , binding themselves together to defend themselves against the Queen Mother's malice . For , in effect , she was a deadly Enemy to all of them , who had either guided her Husband , or her eldest Son. I was all this time at Orleance , where I might see this change , and had great favour of the King of Navarr , for the Elector Palatine's sake , who was his great friend . The Queen Mother also , highly esteemed the said Prince Elector , dispatching me with great thanks , and a gift worth a Thousand Crowns . Our Queen in the mean tim● seeing her friends in disgrace , and knowing her self not to be much liked , she left the Court , and was a sorrowful Widow , when I took leave of her at a Gentleman's House , four miles from Orleance . So I returned to Dutchland , with many instructions from the Queen Mother , and King of Navarr . For she appeared to be inclined to profess publickly the reformed Religion , thinking it the meetest way to retain the Government , and guiding of the King of Navarr , that being the only Faction , which appeared able to gain-stand the House of Guise , who were banded with the Pope , and King of Spain . The said Queen Mother , likewise , entertained some resolutions of joining with the Protestant Princes in Dutchland , and with the Queen of England , Count Egmont , Prince of Orange , Count Horn , and such as had in the Low Countries embraced the Reformed Religion , or stood up for the liberty of their Countrey . I being returned to Dutchland , received news out of England , from Mr. Killegrew my old friend , that the Peace was concluded in Scotland , at the Siege of Lieth , that the French men were to be carried to France , in the Queen of England's Ships : That the Queen of Scotland was to lay aside the Arms of England , and the Congregation to have the free Exercise of their Religion . I leave all the proceedings in the Wars in Scotland , to be declared by such as were present , who will probably write that whole History . I shall only touch such things , as I my self was imployed in , which I did see with my Eyes , and hear with my Ears , which may serve for little Parenthesises , to Historiographers , who had not the occasion of being so well therewith acquainted . Our Queen , then Dowager of France , retired her self by little and little , further and further from the Court of France , that it might not appear , that she was any way compelled thereto , as of a truth she was by the Queen Mother's rigorous dealing , who alledged that she had been despised by her Daughter-in-law , during the short Reign of King Francis the Second , her Husband , at the resignation of the House of Guise . Monsieur de Martignes , Monsieur Dosel , Labrosse the Bishop of Amience , and such other French-men , as were lately carried out of Scotland in the English Ships , resorted to our Queen , and declared unto her the whole progress of affairs , and the state of the Kingdom . These , as well as the rest of her friends , advised her to return to Scotland , ( encouraging her with the hopes of succeeding to the Crown of England ) rather then to endure the Queen Mother's disdain in France . Desiring her , as most conducing for her interest , to serve the time , to accommodate her self discreetly and gently to her own Subjects ; to be most familiar with my Lord James , Prior of St. Andrews , her natural Brother ; and with the Earl of Argile , who had married Lady Jane Stuart , her natural Sister ; and to use the Secretary Lidingtoun , and the Laird of Grange most tenderly in all their affairs , and in summ to repose most upon those of the Reformed Religion . Thus , those who were a little before cruelly persecuted , are now to be esteemed for chiefest and truest friends . Thus can God by his Divine Providence , ranverse the finest practises and pretences of mighty Rulers and Potentates , and turn all to the best , to such as serve him with a sincere heart . As on the other hand God abhorreth such Subjects , as hypocritically under pretext of Religion , take occasion to rebel against their native Princes , for ambition , greediness , or any other Worldly respect . The Prior of St. Andrews being advertised of the Queen his Soveraign's deliberation , to return to Scotland , and to use his and his friends advice . He goeth himself to France , requesting her Majesty to return to her own , promising to serve her faithfully , to the outmost of his power . And returns again to Scotland , to prepare the hearts of her Subjects against her home-coming . After this , her Majesty went to Janvile , the Duke of Guise his dwelling place , about the marches of Lorrain , and at length went to visit the Duke of Lorrain at Nancy , where I chanced to come shortly after , in company of the Duke Casimir , second Son to the Elector Pal●●ine . But the Queen was already parted from the Court of Lorrain , toward Janvile , whither I took occasion to go , to tender to her Majesty the offer of my most humble and dutiful service . And the said Duke Casimir , understanding that I was to ride thither , did write a very kind Letter to her Majesty , comforting her the best he could , offering his service in case any in France should wrong or injure her , and that he would bring to her aid , upon her Letter , Ten Thousand Men. Her Majesty was much refreshed with this friendly offer , and she was pleased to give me thanks for the demonstrations I had given , of being intirely devoted to her interest , shewing me she had been made acquainted therewith , while I was at the Court of France . She desired me earnestly when I resolved to retire out of Germany , to come home and serve her Majesty , with very friendly and favourable offers . So I returned back to the Duke Casimir , who was about contracting a Marriage with the Duke of Lorrain's eldest Sister . Which took not effect , because the old Dutchess her Mother , who was King Christierns Daughter of Denmark , begotten upon the Emperour Charles his Sister , who also lost the Kingdom of Denmark , pretending to make it Hereditable , whereas it was Elective . The said King Christiernus was kept in Prison , till his death . This Dutchess his Daughter , alledged that the Kingdom of Norway appertained unto her , as Heir unto her Father , and that the said Kingdom was Hereditary unto her Father , albeit Denmark was not , and intended then to marry her eldest Daughter unto Frederick King of Denmark , and to give over with her said Daughter the Kingdom of Norway . But the said Dutchess offered unto Duke Casimir her second Daughter , which he refused , and dealt with his Father to send me unto England , to propose Marriage for him unto the Queen of England . But I refused to undertake that Commission , having ground to conjecture that she would never marry , upon the reflection I made upon that story , one of the Gentlemen of her Chamber had told me , seeing she knowing her self unable for succession , I supposed she would never render her self subject to any Man. The said Duke was very much displeased at me , because I refused . About this time the Cardinal of Lorrain being at Trent , took occasion to visit the old Emperour Ferdinand at Isbrack his dwelling place , not far from Trent . And there the said Cardinal proposed two marriages , first the King of France Charles the Ninth , to the eldest Daughter of Maximilian Son to Ferdinand , lately chosen King of the Romans , and co-adjutor to the Empire . Then he proposed the Queen of Scotland Dowager of France , to Charles Arch-duke of Austria , brother to the said Maximilian . The Queen was by this time returned to Scotland , and apparently had been advertised by the said Cardinal , that he had proposed the said marriage , and it seems she had relished the Overture . Her Majesty returning was gladly welcomed by the whole Subjects . For at first , following the counsel of her friends , she behaved her self humanely to them all , committing the chief handling of her affairs unto her Brother the Prior of St. Andrews , whom afterward she made Earl of Murray , and to the Secretary Lidingtoun , as meetest , both to hold the Countrey at her devotion , and also to beget a strict friendship betwen her Majesty , and the Queen of England . For my Lord Murray had great credit with my Lord Robert Dudly , who was afterward made Earl of Leicester . And the Secretary Lidingtoun had great credit with the Secretary Cecil . So that these four made a strict and sisterly friendship , between the two Queens , and their Countries . So that there appeared outwardly no more difference , but that the Queen of England was the Eldest Sister , and the Queen of Scotland the Younger , whom the Queen of England promised to declare second person , according to her good behaviour . So that Letters and correspondence past weekly betwixt them , and at first there appeared nothing more desired by either of them , then that they might see one another , by a meeting at a convenient place , whereby they might also declare their hearty and loving minds each to other : For our Queen was so nettled with the hard usage she had met with from the Queen Mother of France , who had likewise hardly used all her friends of the House of Guise , that she was the more earnest to make friendship with her , and with such whom she knew that Queen liked worst . The two Queens this way keeping on their outward friendship for a while , with the plain and honest meaning of our Queen , as I afterward did perfectly know . There came a Letter to me out of Scotland , from the Secretary Lidingtoun ▪ at the Queens command , desiring me to make my self acquainted with the Arch-duke Charles of Austria , youngest Brother to Maximilian , then King of the Romans , and Emperour in effect , for the Emperour Ferdinand his Father had nothing but the Name , by reason of his Age. I was desired to inform my self concerning his Religion , his Rents , and his Qualities , his Age , and Stature , and desired to send home word ; and therewith to send his Picture , if it could be done . It was thought I might obtain the occasion thereof , by means of the Elector Palatine my Master , for the time greatest in favour with the Emperour Maximilian . Now my Lord Elector being at an Imperial Convention holden at Ausbrugh , had of his own head inquired of Maximilian , what the Cardinal of Lorrain's business had been with his Father Ferdinand , when he came to see him from Trent . For the good Elector was afraid , it had been about some matters of Religion . For Ferdinand was a devout Catholick , and Maximilian appeared to be a zealous Protestant . For he was but lately chosen King of the Romans at Francford , not without difficulty . Being himself one of the Seven Electors as King of Bohemia , he was to sue six Electors for their Votes : To wit , the Elector Palatine , the Duke of Saxony , and the Duke of Brandenburgh , three Protestant Princes ; and three Bishops Mentz , Triers , and Collein , Catholicks . Both these Factions were put in hope , that being Emperour he would declare himself of their principles . In the mean time he used secret preachings to please the Protestants , but he went openly to the Mass , whereby the Bishops thought themselves assured of him . But the good Elector Palatine believed firmly , that after his Fathers death , he would declare himself a plain Protestant . Thus he won both parties to make him Emperour . He told the Elector Palatine at the Convention in Ausbrugh , that the Cardinal of Lorrain had proposed two marriages to the Emperour his Father . The one was Charles young King of France , to his own Eldest Daughter ; the other was the Queen of Scotland Dowager of France , to his Brother the Arch-Duke Charles . The Elector inquired how he relished these two marriages ; he answered he could not but like well of them , seeing he was not to expect a better match to his Daughter then the King of France , nor to his Brother then the Queen of Scotland , who the Cardinal also alledged had right to the Crown of England . The Elector said , that since he was pleased with the Overture of marrying his Brother to the Queen of Scotland , that he had a Scottish Gentleman with him , who could be a good instrument to bring forward the said marriage . Whereupon Maximilian desired to speak with me , and because for the time I was in the Countrey of Hess , he desired him to send me to him upon my return . Which the Elector did , and sent with me one of his Councel , called Monsieur Zuleger , joining us in one Commission . When we had given accompt of our said Commission , my companion told the Emperour , that I had a particular with his Majesty , and so retired himself , leaving me alone in the Chamber . Where I presented a Letter to him , written with the Elector's own hand , in Dutch , signifying that I was the Scotsman , whom he promised to send unto him . After he had read the writing , he did shew me the part wherein the Elector assured him , that I would shew him the truth of all such things as I knew , which he would ask of me , saying You are much obliged to the Elector Palatine , for he hath given me a very good Character of you . I pray you , says he , tell me how long you have been in his company . I said more then three years : he inquired why I did not answer in Dutch ; I answered , because I had the French more familiar , and knew that no Language could come wrong to his Majesty . For he could very promptly speak good Latiné , Italian , Spanish , Sclavonian , and French. Then he inquired again in French , how I came to the Elector Palatine . I told him , that being brought up at the Court of France with the Constable , there had fallen out some variance between France and Scotland , partly occasioned from difference in Religion , and partly from other particulars , whence proceeded a general dislike at the Court , of all Scots-men at that time in France , some being upon suspicion imprisoned , others lookt down upon . The consideration whereof , hast'ned my prosecuting a former intention I had deliberated upon , of visiting other Countries . That being minded to begin at Dutchland , the Constable of France had by his Letter addressed me to the Elector Palatine . He inquired how long I had remained with the Constable ; I answered , nine years . He said I was happy , who had been so long in company with two of the wisest Men in Europe , and was pleased to say , that he was glad of the occasion of being acquainted with me . He began more particularly to shew unto me the cause why he desired to speak with me , inquiring concerning the Estate of Scotland , of the late troubles with France , of the agreement new made , what great Men had the greatest interest , and all the Noblemens Names who had assisted both parties . He proceeded to inquire further , what help England had made unto Scotland , during the troubles with France , if they were bandied together , if their friendship continued , and of the Queen's title to England , if the Nobility of Scotland would concur to advance her to the Crown of England , if they would think it the interest of Scotland to have the two Kingdoms joined in one : seeing it was to be supposed that the Queen or Prince would certainly chuse to dwell in the best Country , and thereby would be further from them . These , and several other things he inquired , and I answered as I thought most pertinent . When he had heard my returns , he was pleased to say it was not the least good office that my Lord Elector had done him , in sending me to him , and gave me thanks that I had been at the pains to come . If Charles my Brother , says he , were so happy as to obtain your Queen in marriage , no Man shall have more credit with him then you . He desired me to abide with him some time , that he might discourse with me at more length . So I tarried with him twenty days , with very favourable entertainment , and discoursing with me several times , he put me in hope that his Brother Charles would be shortly at home : And gave me an accompt of such news as came to him from all Countries . It was he who first told me , of the death of the Duke of Guise , killed by Poltrot , at the Siege of Orleance . He appeared to he very glad at the death of that gallant Warriour , though I could not conjecture for the time what could move him . By frequent conference with him , I suspected that he would be an Enemy to the marriage of his Brother with our Queen , but to get some further tryal thereof , I requested my companion Monsieur Zuliger , to drink himself merry with some of his Secretaries , and then to cast , in the purpose of the marriage of our Queen with Duke Charles , whether or no it was desired or relished by the Emperour . The said Secretary shew'd him plainly , that he was against any such preferment to his Brother , whereby he might become King both of Scotland , and England , by reason of an Essay that the Emperour Charles the Fifth had made once , to divide his Dominions among the three Sons of Ferdinand his Brother , failing Heirs of King Philip his Son , who then had but one Son , Don Carlo , sickly , and of a tender , weak complexion , whom he afterwards himself killed secretly in Prison , suspecting him to be of the Reformed Religion , and to keep intelligence with the Princes of Flanders , who professed the same . And Maximilian hoped to succeed to the whole , failing Heirs of the said King Philip , as having married the said Philip's Sister , and having by her many Children of his own , whom he rather desired to be preferred , then his own Brother . For in case the Arch-duke Charles had been made King of Scotland and England , he thought thereby he would have the fitter occasion , of usurping the Low Countrys , upon the pretext of some old right . Having understood this , I would wait no longer , but pressed daily for my dispatch , that I might return to my Lord Elector : And the Emperour again used great intreaties to oblige me to stay with him , promising to advance me if I would enter into his service , but finding no inclination in me to comply with his desire therein , he at length willed me to stay with him but half a year . But I humbly excused my self , pretending that I behoved to be shortly in Scotland , which moved him the more earnesty to desire me to stay with him , which because I would not grant to do , I found he was discontent . One night late after Supper , he parted in a Boat towards the Town of Lintz ; and sent his Secretary unto me , excusing himself , that he did not meet with me before parting , seeing an urgent occasion called for his speedy departure ; and seeing I was to return to Scotland , he had written a Letter to the Queen in my favour , which the Secretary delivered unto me . I told the Secretary , that I had not yet seen Italy , and that I was purposed first to visit Rome , Venice , Florence , and the most remarkable Cities there , e're I returned to Scotland , upon which account , at first I refused the said Letter , but he answered , there was no danger how long it was undelivered , seeing there was no thing therein contained , but what concerned my self . The Town of Ausbrugh being the nearest Port of Germany to Venice , I agreed with Monsieur Euliger to return toward my Lord Elector , and thence I took my Journey toward Venice and Rome . And came back through all the fairest Cities of Italy , and through Switzerland , to Heidlberg , where the Prince Elector kept his Court. I have above declared how that the Duke of Guise was slain by Poltrot , at the Siege of Orleance . It was after the battel of Drues , in the which both the chieftains were taken . The Prince of Conde for those of the Religion , and the Constable for the King. The Queen Mother incontinently made the Peace , far against the mind of Madam de Guise , who earnestly requested her , not to make the Peace so suddenly , left it should be thought that the Duke of Guise had only had hand in the Wars . But nevertheless the Queen Mother went forward with the Peace , changing the Prince of Conde for the Constable , making them both good instruments of the agreement . The Peace being made , the Queen Mother began to think upon a Wife for her Son King Charles . For that effect , she sent unto the Prince Palatine , a Secretary called Monsieur Wyllot , shewing unto him , that the King her Son , was very desirous to marry Maximilian's Eldest Daughter , intreating him as a trusty friend , to propose the matter as of his own head , as a steadable Alliance , conducing for the weal of the Empire , and to send her the picture of the Princess , which she thought fit to be done upon some considerations , before she would proceed more publickly . Which affair he went about most diligently , and he was pleased to send me with the answer , and picture , with a congratulation of the late made Peace . At my coming to the Court of France , which was at Paris for the time , the Constable would needs be my convoy , to the young King , and Queen Mother , who had a misliking of the said Constable for the time , because he had brought in the Admiral to Paris against her will , who was accused to have promised reward unto the foresaid Poltrot , to kill the Duke of Guise . The Admiral again desired to come before the Privy Council to purge himself , offering to undergo his tryal . But the Queen Mother desired not these animosities among the great Men to be removed , but rather wished that their hatred might continue , and their contentions increase , as having laid her Plot to secure her own greatness , by the means of their strife , as was after manifestly seen . For during their divisions , the Duke of Guise , King of Navarr , Prince of Conde , the Constable , the Marshal de St. Andre , with the most notable great Men of France were all slain , and because the said Admiral escaped during the Wars , the Peace was made for the third time , and under the covert of marriage of the young King of Navarr , who was afterward King of France , the said Admiral was barbarously murdered , with all that remained of the worthiest Noblemen , and Captains of France . But to return to the purpose , the Constable and Admiral were at Court at that time , against the Queen Mother's will , where the Admiral was declared innocent of the Duke of Guise his slaughter . And at that time the Constable determined to abide at Court , and to maintain himself in his Office of great Master , by the authority of his great Office of the Constablry , assisted by the force of his friends . For he sufficiently understood the Queen Mother's Italian tricks , therefore to win credit , he presented me to the young King , and sate down upon a Stool by him , and the Queen his Mother , and held his Bonnet upon his Head , taking upon him the full authority of his great Office , to the Queen Mother's great discontent , whereat she was so impatient , that she turned away her face , when I was declaring my Commission , after the delivery of my Letters of Credence to the King , and her , which the King was very glad to hear , being thereby put in hope , that the marriage would take effect . He was so desirous to see the picture of that young Princess , that he cut the thread himself , that bound on the Wax-cloth about the said picture . In the mean time I retired me forth of the Chamber , and was earnestly fought after the rest of the day , but could not be found untill the Constable and Admiral came to their Chamber , at Even , who inquiring of me the cause of my retiring , I remembred the Constable , in what a rage the Queen Mother was , when I delivered my Commission , and that I found my self obliged in honour to stand upon the reputation of my Master , who was a free Prince . Whereupon they appeared well satisfied , approving what I had done , but withal they told me , that they were the cause of that bad humour , the Queen Mother had been in , and that she had made a Proclamation , that all Ambassadours should Address themselves to the King , and her as Regent . Therefore they advised me , to go the next day to see her at Dinner , assuring me that she would not fail to call for me , and inquire the cause of my absenting , before I had told out my Commission , and he instructed me what I should say in answer . So soon as her Majesty perceived me , she desired me to stay till she had Dined , telling me that she would send for her Son the King , to come to her Chamber , to hear out the rest of my Commission . The King being come , the Chamber was voided , and her Majesty first inquired , why I told not out the rest of my Commission the day before . I answered , as I had been instructed , how that it appeared to me , for the time , she desired not so many auditors , and that I stayed upon her better opportunity , which answer she appeared much to relish , desiring me when at any other time I should be sent again , to Address my self only to the King , and to her , and to no other . I answered , that among all the King's Servants , I was best acquainted with the Constable , and therefore had made him my Convoy to both their Majesties . No , says she , I find no fault that you Addressed your self to him ; yet I knew she entertained a mortal hatred against him . So after I had ended the Declaration of my whole Commission , first concerning the Congratulation of the Peace , and then made excuses in Name of the Confederate Princes of the Empire , for sending help to the Prince of Conde , during the Wars for Religion , with a request to keep the said Peace inviolate , and to make such Laws of Oblivion , as were wont to be done among the Greeks and Romans , after such Civil Dissentions . And then I gave a full account , how my Lord Elector had proceeded with Maximilian , and what his answer was . All the time that I spoke , she remembred the King to take good notice , saying he was much obliged to that good Prince , that took such pains for his marriage , and the weal of his Kingdom . Then she drew me aside , entering into a particular discourse with me , telling me that she hoped I would not make too long stay in Dutchland , but resolve to spend some of my time in the Court of France , seeing it was there I had been brought up . For albeit , she said , she had several who could speak Dutch , yet there was none about her , who were so familiar with the Princes of the Empire as I was , or had such favour and credit , as she understood I had , to do the King and her service . Therefore she offered to make me a Gentleman of the King's Chamber , to provide me with an honourable pension , to advance me to Offices and Honours , as if I had been a French-man born ; and that she would imploy me not only to Germany , but also to England and Flanders . I gave her Majesty many thanks , taking her offer to my consideration . In the mean time that I was waiting upon my dispatch , the Admiral 's death was conspired by the Brother and Friends of the Duke of Guise , to be executed by Captain Charry , in great favour with the Queen Mother , as Chief Captain of her Guard , Commanding six hundred Hagbutiers Gascons . The said enterprise being discovered to the Constable by the old Dutchess of Farrara , Daughter to King Lewis the Eleventh , Mother to the Widow Dutchess of Guise . The Constable went to his House , four Leagues from Paris , and the next day after , the said Captain Charry was slain upon the streets of Paris , by Monsieur Chattelier the Admiral 's friend . Which put the Queen , and all the Court into a fear , and firm opinion that the deed was done by the Constables's and Admiral 's direction . But the Admiral purged himself ; the Constable was sent for , and many requests made to him , to settle , and establish quietness in the Court and City . While I was yet at Paris undispatched , I received Letters from the Earl of Murray , and Lidingtoun at the Queens Command , calling me home , to be imployed in her Majesties service , in some of her affairs of consequence ; which I presupposed to be concerning her marriage . Whereupon I determined to obey my Queens Commands , and immediately after my return to Germany , to prepare for a Journey to Scotland . Though this resolution of mine , was far contrary to the mind of the Constable , Admiral , and Prince Palatine . But his Son Duke Casimir , took occasion to desire me to present his picture to Queen Elizabeth . I have said already that he was very dissatisfied , because I refused to go to England , to propose marriage for him to the Queen , he having been incouraged thereto by the Videm of Charters , lately come hither from the Court of England , who thought himself so familiar with that Queen , that he sent an Italian Gentleman of his , to propose that marriage , as he alledged , at the instance of the Elector Palatine , to whom the Queen gave a general answer , desiring the young Prince to come unto England , either openly , or privately disguised , and declaring that she would never marry Man , till she might first see him . Notwithstanding hereof , I still disswaded his Father from sending him , alledging that it would be very chargeable to him , and that he would reap nothing but scorn , in recompence . Whereat the young Prince was so moved , that he left the Court for three days . But the good Prince his Father sent for him , threat'ning to discountenance him , if he became not my friend . Whereupon we agreed , that at this time I should carry with me his picture , and present it to the Queen of England in my return to Scotland , seeing I was so averse from his going thither in person . Which I was satisfied to do , providing that I might also carry along with me , the picture of his Father and Mother , and of all the rest of his Brothers and Sisters , together with a familiar Letter from the Elector , whereby I might have the more easie access , and fitter opportunity to bring in the purpose of the pictures as by accident , hoping that she would desire to see them , especially the picture of the said young Duke . So having obtained my desire , I parted from Heidlberg , where the Elector held his Court for the time , who gave me a Commission to the Queen of England ; to wit , an answer to her demanded Alliance , offensive , and defensive , with the Protestant Princes of Germany , which formerly had been but obscurely answered unto her Ambassadour , Sir Henry Knolls , at the Dyet Imperial , holden at Francfort , in the year 1562. Excusing himself , and the rest of the Princes his confederates , who had but lately chosen Maximilian to be King of the Romans , and Co-adjutor to the Emperour his Father , seeing he had promised unto them , to declare himself openly a Protestant , so soon as he durst , after the decease of his old Father Ferdinand : and in the mean time had their promise to keep correspondence with him , and to make no League with any forreign Prince , without his consent and knowledge . And that if they had done otherwise , he might perchance have taken occasion thereupon , to lay the blame upon them , in case he did not as he had promised . For they began to fear and doubt of his upright meaning in reference to Religion , and yet thought not fit upon their part , to give him any ground to lay the blame upon them ; but in case he kept not his promise after the decease of Ferdinand , they should then presently make such Alliance with her , as she had required , which they durst not for the time discover unto her Ambassadour , requesting her Majesty to keep this secret to her self . She appeared satisfied with this excuse , promising to discover it to none of her Council ; but she lamented that the Princes of Germany were so slow , and tedious in all their deliberations . Whereupon I began to praise them for their Truth , Constancy , Religion , Ardour , and quick execution , after they had concluded any weighty matter . But I set out most specially the Elector Palatine's humanity , his treating of strangers , upholding of Universities , and how he was the mouth of his confederates , to deal with all other neighbour Princes . She answered , that I had reason to speak so concerning him , for he had written very much in my favour , regretting that the inclinations I had to serve my native Queen , had obliged me to leave him , though he would gladly have retained me with him a longer space . I told her Majesty , what a great trouble it was to me , to resolve to leave the service of so worthy a Prince , that no consideration could have engaged me thereunto , other then that duty I owed to my Soveraign , who had commanded me to attend her affairs . That for the better remembrance of him , I desired to carry home with me his picture , and the pictures of all his Son , and Daughters . So soon as she heard me mention the pictures , she inquired if I had the picture of the Duke Casimir , desiring to see it . And when I alledged I had left the pictures in London , she being then at Hampton Court , and that I was ready to go forward on my Journey , she said I should not part till she had seen all the pictures . So the next day I delivered them all to her Majesty , and she desired to keep them all night , and she called upon my Lord Robert Dudly to be judge of Duke Casimir's picture , and appointed me to meet her the next morning in her Garden , where she caused to deliver them all unto me , giving me thanks for the sight of them . I again offered unto her Majesty 〈◊〉 the pictures , so she would permit me to retain the Electors , and his Ladys , but she would have none of them . I had also sure information , that first and last she despised the said Duke Casimir . Therefore I did write back from London to his Father , and him in Cypher , disswading them to meddle any more in that marriage . And received great thanks afterward from the said young Duke , who immediately married the Elector of Saxony's Eldest Daughter . Albeit this may appear something from the purpose of the Queen our Sovereign , yet it brings me home to her Majesty with some proposals of marriage to her self . For the Queen of England entertained me very familiarly , shewing me the Sisterly love that was betwixt her and the Queen our Soveraign , how careful she was of her well-fare , how desirous to see her well setled in her own Country with her Subjects , and also well married . That she was resolved to propose two persons for fit Husbands unto her , whereby their amity might best stand and increase , hoping that she would not marry without her advice , promising upon her faith to write to me , so soon as I was arrived at Scotland , with her own hand , that I might be a good instrument to move the Queen my Mistress to accept either the one or the other . Now though she forgot to write unto me about it , yet she sent instructions to Mr. Randolph , to propose my Lord Robert Dudley as a very meet Husband for our Queen . I supposed that my Lord Robert , afterward Earl of Leicester , had disswaded her from imploying me in that matter , seeing Mr. Randolph was there already , her Majesties Agent . Now the Queen my Mistress , to keep promise and correspondence with the Queen of England , had sent and advertised her , of the proposal made to her of a marriage with the Arch-duke Charles , requiring her friendly advice and consent therein . The Queen of England answered her by her Agent Mr. Thomas Randolph , as followeth , for after a little Preface , he declares , and gives in by writing , this to be the Queen his Mistress's mind . The Queen my Soveraign , said he , hath not only deeply advised about that proposal of marriage with your Majesty , but hath also thought it necessary , by me to shew you , what she thinketh both meet and unmeet to be considered , and seemingly to her by way of friendship , to declare as a dear Sister , who intends your Majesties honour , and as a loving Friend , who is careful of your well-fare . Three special things her Majesty thinks fit to be considered in marriage . First , The mutual contentment betwixt both parties in respect of their private personages , so that their love each towards one another , may continue as well before God as Man. Secondly , That the person may be such as your Majesty , being a Queen of a great Realm , and multitude of People , may be sure of an advantageous Alliance , such as cannot be prejudicial to your Countries interest . Thirdly , She thinks fit that the choise be such , that the amity which is now so strict betwixt the Queens Majesty , and your Highness , not only for your own persons , but with both your Realms , may be continued , and not dissolved nor diminished . Then he declares at length , how that he doubts not , but that her Majesty , who was once already married , will know how considerately to ponder the match , that it may be meet for her self , and her Subjects ; but as to what belonged unto the Queen his Soveraign , it merited to be well considered . It is true , that the seeking out of a Husband to your Majesty is honourable , and expedient ; a thing that her Majesty rellisheth much in your Highness , albeit hitherto she hath not found such disposition in her self , remitting her heart and mind in that affair to be directed by the Almighty God. But this herein her Majesty considereth , that to seek out such a Husband , as is sought for by your friends , in the Emperours Linage , will certainly procure at last some misunderstanding , and give apparent occasion of dissolving the Concord , that is now betwixt the two Nations , and an interruption of such a course , as otherwise might be taken , to further and advance such a Title as your Highness hath to succeed to her Majesty , to the Crown of England , if she should depart without issue of her Body . Then he useth some unfit perswasions and menaces , threat'ning that some in England were going about with practices to set forward their pretended right , to her Majesties prejudice , which she by her discreet behaviour and conformity to his Mistresses pleasure , might prevent , by moving her thereby , not only to proceed in the inquisition after your Majesties right , and with her power to further the same , but also to hinder that which appears to be to the contrary . And now if your Majesty would know , what kind of marriage would best content her , and her Realm , such a one as would breed no jealousie , nor trouble betwixt your Majesties , and your Countries , as did the the marriage with the French King. But rather it is to be wished , that there might be found out some Nobleman of great birth in England , who might be agreeable to you ; with whom her Majesty would more readily , and more easily declare , that she inclines , that failing of Children of her own Body , you might succeed to her Crown ; otherwise I do plainly tell you , that my Soveraign can promise nothing in that matter , tending to your satisfaction . These were Mr. Randolph's first instructions , and propositions , unto the Queen , concerning her marriage with the Arch-duke Charles . But he had a secret Commission to my Lord of Murray , and Secretary Lidingtoun , to propose my Lord Robert Dudley ; and he desired me also , to set forward his marriage with the Queen , as meetest of all other . By this kind of procedure it was apparent , that the Queen of England did not relish this proposal of marriage , of the Arch-duke Charles to our Queen . She gave a farther , and more clear demonstration thereof a little after , by sending the Earl of Sussex to the Emperour's Court , as well to congratulate his Coronation , as indirectly to draw on the marriage of the Arch-duke Charles with her self . And she was put in hope , that it would take effect : Yet this design was not so secretly managed , but our Queen was thereof advertised , by some of her friends in England . And from hence arose inward griefs and grudges between the two Queens , which within a little time bursted forth , occasion thereof being given by the Queen of England : For in a familiar Letter to our Queen , she appeared therein to give her , as formerly , a friendly advice : which our Queen thought but double dealing , remembring as well her late disswading answer from the marriage of the Arch-duke Charles , as her late practises in the Emperours Court. The Queen of England's Letter was written at the desire of some of the House of Hamiltoun : For after that Mr. Randolph had spoken , as is above mentioned , against the marriage of the Queen with the Arch-duke Charles , and had alledged that some Noblemen in England would be fitter matches for her , he proceeded so far with my Lord of Murray , and Secretary Lidingtoun , as to say , What would you think of my Lord Robert Dudly for your Queen ? But finding small account to be made of him , he advertised the Queen his Mistress thereof . Whereupon liberty was granted to Matthew Earl of Lennox , who dwelt then in England , to go to Scotland , as desirous to see the Queen , and take course in some of his own affairs . Now his Eldest Son , my Lord Darnly , was a lusty young Prince , and apparently was one of the two that the Queen of England had told me she had in her head , to offer unto our Queen , as born within the Realm of England . But to return unto the Letter written by the Queen of England unto our Queen , she would appear therein to be very careful for the Queen her Sisters quiet Estate and Government , desiring her to take heed that in shewing pleasure to the Earl of Lennox , she did not displease the House of Hamiltoun , seeing thereby trouble and strife might arise in her Country . Sundry other such purposes she had , which at some time would not have been taken in ill part ; but now all advices given by the Queen of England , were misconstructed , partly because of her being instrumental in hindring the marriage with Prince Charles , and partly because David Rixio lately admitted to be her French Secretary , was not very skilful in inditing French Letters , which she did write over again with her own hand . The answer then that our Queen did write unto the said Letter , declared some suspicions and anger to have been taken , and these she manifested in some harsh expressions , which were constructed by the Queen of England , as a violation of their former familiarity , and Sisterly correspondence , which had been ever kept up since the Queens return out of France . Whereupon ensued so great a coldness , that they left of for a considerable time from writing each to other , as they had formerly done weekly by Post. So that the Queen resolved to send me to England , to renew their outward friendship ; for in their hearts from that time forth there was nothing but jealousies and suspicions . The Queen my Mistress thought that if their discord continued , it would cut off all correspondence between her and her friends in England : and that Queen had no inclination for War , but by all means possible desired to shun trouble , or any occasion of expences , the King of Spain and she being already entered into controversie . For he judged her a foinenter of the troubles in Flanders , and the Low Countries , and not without reason . For she thought her self abandoned by the King of Spain , at the late Peace made at Cambray , and her chief Councellers thought it convenient for the interest of England , that Factions should be nourished in France , Flanders , Scotland and Spain . At my home-coming to Scotland , I found the Queen's Majesty at St Johnstoun , in the Year of God 1564 , the fifth day of May. I was very favourably received by the Queens Majesty , and presented unto her Letters from the Emperour Maximilian , the Elector Palatine , the Duke of Lorrain , and Cardinal of Lorrain , and Duke of Aumale , all in my favours . After that I had at length informed her , that I found Maximilian was against the marriage of his Brother Charles ; she likewise understanding the Queen of Englands part therein , as is above specified , she altogether laid aside any further thoughts of the marriage with the Arch-duke Charles . And whereas she had once resolved to have sent me to Germany , she takes another resolution , intending that I should be sent to England . Though I was not yet resolved in setling my self in Scotland , seeing small probability of advantage , and greater appearance of troubles and disorders , then I could ever imagine to find at my home-coming . And I was somewhat loath to lose the occasion and offers of great preserment , that had been made to me in France , and other parts . But I found the Queen my Sovereign , so urgent , and of her self well inclined , and indued with so many Princely vertues , that I could not find in my heart to leave her , requiring so earnestly my help and assistance , to draw the hearts of her Subjects to her , which were alienated upon account of difference in Religion . I knew she stood in need to gain friends , and that it was much her interest to keep correspondence with the Queen of England ; so that I resolved rather to serve her my native Queen for little profit , then any other Prince in Europe for great advantage . I found her naturally more liberal then her Revenues allowed her . For she not only setled upon me in pensions , one thousand Marks yearly , out of her Revenues in France , but she also offered me the heritage of her Lands in Aghtermughtie , which I refused to accept , alledging I could better want it then she . Though another hearing of so liberal an offer , a little after sought and obtained it . Thus I was ingaged to resolve to wait upon her commands , and to lay aside all hope of any other preserment in France , and other Countries , albeit , for the time , I had no heritage but my service . So within a few weeks I was dispatched to England , with these following Instructions out of the Queens own mouth , to deal with the Queen of England , with the Spanish Ambassadour , and with my Lady Margaret Douglass , and with sundry friends she had in England of different opinions . The general Instructions were written with the Secretary Lidingtoun's own hand , subscribed by her Majesty as follows . Instructions to our familiar Servitor James Melvil , presently directed to our dearest Sister the Queen of England . Given at Edinbrugh the 28 th . of September , 1564. IN the first , after that you have presented our Letters , and our commendations , in most hearty manner , you shall declare unto our good Sister , That having been upon my progress towards the Northmost parts of our Realm this two months , during which time we have had neither Letter nor other Advertisement from our good Sister . Therefore for continuation of the mutual Intelligence betwixt us , by all good Offices of amity , we resolved to direct you towards her , to visit her on our behalf , to inform her of our health and good estate , that at your return you may be able to report the like of her unto us , she being the person in the World , to whom next our self , we wish most good luck and prosperity . Item , That by Letters of my Lord Robert to Lidingtoun , as also of her Secretary to Our Brother Murray , and to Lidingtoun , We have perceived that Our said good Sister finds some fault with Our Letters written to her in answer of hers in the Earl of Lennox's matter , as if We had taken her motion therein in evil part . We are most sorry that Our Letters have been so interpreted , for of a truth We had no other meaning of her in that matter , then that her Advertisement came from a friendly mind , and was both worthy of thanks , and to be answered with the like good will , as We believe We did in Our Letter , albeit We remember not presently the very words or substance thereof . For We use not to reserve any Copy of Our familiar Letters written with Our own hand , whereof We now repent because of that Letter . For if We had any Copy thereof , We might now clear Our selves of that doubt , viz. What words therein could give her ground of offence . Therefore you shall pray her in Our Name , to let you see in that Letter , what words they are which have offended her ; that you thereupon declaring my meaning , may put her out of any such suspicion . It is true , at the receipt of the Letter , We were somewhat offended , and judged We had good cause , seeing it appeared that Our Nobility were grieved with Our License granted to the Earl of Lennox , that his coming was like to disturb the peace and quiet of Our Realm . Our Brother and Lidingtoun shew unto Us , that they perceived by their Secretaries Letters , that they were also thought partakers in this matter ; and that they mistaking also his coming , desired the stay thereof to be procured by these undecent means . Though they protested the contrary unto Us , and indeed We have better proof of their fidelity toward Us , then that We can suspect any such double dealing from their hands , they being so far obliged to Us , and so much intrusted by us . We thought Our selves little indebted to that person , whosoever he was , that made such report of Our Subjects , that they would make known their grievances to any other then Our selves . These , and the like considerations , moved Us to great choller , which probably might have occasioned Us to write the more freely , and that We were not curious to cover Our passions , writing to her with whom We esteemed Our Selves so familiar , that We had ground to believe she would take all in good part that proceeded from Us , especially what was no ways designed for her offence . Therefore you shall pray her to put away all such opinions , if she hath conceived any , and if there be any word in Our Letter having two senses , so that any one may be misconstrued , and so give to her occasion of offence ; intreat that she will rather interpret the same to the gentlest signification , and not take it in the worst sense . And then I doubt not but the whole Letter , shall appear to her as it was by Us conceived and directed , that is from one dear friend to another . We have further hereupon , imparted Our mind to you by mouth , which you may enlarge as occasion requires . You may desire her to give you an answer conform to the substance of Lidingtoun's Letters , written to my Lord Robert , and Mr. Cicil. Especially concerning the drawing on another meeting of Men of credit , fully instructed with both Our minds , and to deal so plainly , and frankly , as all suspicion may have an end . You must also inform your self diligently concerning the proceedings , and intentions of this present Parliament , of all such as can give you any knowledg therein , for what cause it is called , what is to be treated in it , how longit will fit . Endeavour to inform your self , if any thing touching Us , will be therein handled . You may say to that Queen , as out of your own head , that your Mistress expects that she will suffer nothing to be treated therein , that may directly or indirectly tend to Our prejudice , We not being by her forewarned thereof . She knows that as well Our self , as our Ministers , whom We have at any time directed to these parts , have ever depended upon her only advice , and followed the same in all points . And seeing the special matter moved , in the beginning of the last Parliament , was the establishing of the Succession , and that it 〈◊〉 probable , that the Subjects would yet be earnest to be at a certainty in that point . And if she omits so good an occasion , of doing something for Us , whereby the World may understand that she useth Us , and esteems Us , as her next Cousin , and only Sister , the World will think that her amity is not so great , as We take it to be . And such as envy our familiarity , and would have it broken , will hence take occasion to speak , that our friendship is rather in words , then deeds . Mary R. Being arrived at London , I lodged near the Court , which was at Westminster . My Host immediately gave advertisment of my coming , and that same night her Majesty sent Mr. Hatton , afterward Governour of the Isle of Wight , in her name to welcome me , and to shew me , that the next morning she would give me Audience in her Garden at eight of the Clock . She had been advertised by the Earl of Bedford Governour of Berwick , that I was upon the way . That same night I was visited by Sir Nicholas Throgmorton , one of my old and dearest friends , by long acquaintance . First during his banishment in France , in the Reign of Queen Mary ; and afterward while he was Ambassadour in France for this Queen , where I was , for the time , Pensioner to King Henry the Second , and Servant to the Constable . This Sir Nicholas was my dear friend , and had procured a Pension for me , from his Mistress , to help to entertain me on my Travels , when I had willingly banished my self the Court of France , so long as there were Civil Wars between France and Scotland . He was a devout friend to the Queen my Mistress , and to her Right and Title to the Succession to the Crown of England . From him I had full information of affairs , and friendly advice how to proceed with the Queen , and every Courtier in particular . For he was a special instrument of helping my Lord of Murray , and Secretary Lidingtoun , to pack up the first friendship betwixt the two Queens ; and betwixt the Earl of Murray and Lord Robert ; and between the two Secretaries . Albeit he had no great kindness , either for my Lord Robert , or Secretary Cicil , yet he knew that nothing could be done without them . Among other counsels , he gave me advice to use great familiarity with the Ambassadour of Spain , in case I found the Queen his Mistress hard to be dealt with , alledging that it would be a great Spur , to move the Queen of England , to give our Queen greater , and more speedy contentment in her desire , then yet she had done . The next morning Mr. Hatton , and Mr. Randolph late Agent for the Queen of England in Scotland , came to my Lodging , to convoy me to her Majesty , who was , as they said , already in the Garden . With them came a Servant of my Lord Robert's , with a Horse and Footmantle of Velvet laced with Gold , for me to ride upon . Which Servant , with the said Horse , waited upon me all the time that I remained there . I found her Majesty walking in an Alley . And after I had kissed her hand , and presented my Letter of Credence , I told her Majesty in French the effect of my Commission , as near to the foresaid Instructions as I could , and sometimes being interrupted by her demands , I answered as I judged most pertinent . The reason why I spoke French , was , that being but lately come home , I could not speak my own Language so promptly as was requisite . Her first demand was concerning the Letter , that the Queen had written to her with such despiteful Language , that she thence conjectured all friendship and familiarity to have been given up . Which had made her resolve never to write any more , but another as despiteful , which she took out of her pocket , to give me to read , she having had it ready written to shew it me . She told me she had hitherto delayed to send it , because she thought it too gentle , till she had written another more vehement , for answer to the Queens angry Bill . For my part I appeared to find such hard interpretation to be made upon the Queen's loving and frank dealing , very strange . I told her Majesty that my Mistress could not call to mind , what words they were which had given her such offence . Whereupon she brought forth the Queens Letter , giving it me to read . Which when I had perused , I said I could find therein no offensive word , when I considered the familiarity had formerly been betwixt them . Alledging , that albeit her Majesty could speak as good French , as any who had not been out of the Country , that yet she was out of use of the French Court Language , which was frank and short , and had frequently two significations , which familiar friends took always in the best part . Intreating her Majesty to tear the angry Letter , which she thought to have sent in answer . And in revenge of the Queens , I protested that I should never let her Majesty know that her true plain meaning had been so misconstructed . Having tossed some words upon this matter , she being desirous of an honest colour or pretext , she appeared the more readyily satisfied in that point . For the fear she had that friendship and correspondence should altogether break off , our Queen being the first seeker to renew and continue the same , by sending me thither , thereby evidencing that she did not stand upon Ceremonies with her Eldest Sister , in my presence then she did rent her angry Letter , with promise of such friendly and frank dealing in times coming , as all her good Sister's dealings and proceedings should be interpreted to the best . Thus the old friendship being renewed , she inquired if the Queen had sent any answer to the proposition of marriage made to her by Mr. Randolph . I answered , as I had been instructed , That my Mistress thought little or nothing thereof , but expected the meeting of some Commissioners upon the Borders , with my Lord of Murray , and the Secretary Lidingtoun , to confer and treat upon all such matters of greatest importance , as should be judged to concern the quiet of both the Countries , and satisfaction of both their Majesties minds . For seeing your Majesty cannot so soon find the opportunity of meeting betwixt your selves , so much desired , which in it self is not so expedient until all other jealousies be first removed , and all former doubts cleared by your most trusty and familiar Councellors , the Quen my Mistress , as I have said , is minded to send for her part my Lord of Murray , and the Secretary Lidingtoun , and expects that your Majesty will send my Lord of Bedford , and my Lord Robert Dudley . She answered , It appeared that I made but small account of my Lord Robert , seeing that I named the Earl of Bedford before him , but said , that e're long she would make him a far greater Earl , and that I should see it done before my returning home . For she esteemed him as her Brother , and best friend , whom she would have her self married , had she ever minded to have taken a Husband . But being determined to end her life in Virginity , she wished that the Queen her Sister might marry him , as meetest of all other with whom she could find in her heart to declare her second person . For being matched with him , it would best remove out of her mind all fears and suspicions , to be offended by any usurpation before her death . Being assured that he was so loving and trusty , that he would never permit any such thing to be attempted during her time . And that the Queen my Mistress might have the higher esteem of him , I was required to stay till I should see him made Earl of Leicester , and Baron of Denbigh ; which was done at Westminster with great solemnity , the Queen her self helping to put on his Ceremonial he sitting upon his knees before her with a great gravity . But she could not refrain from putting her hand in his neck , smilingly tickling him , the French Ambassadour and I standing by . Then she turned , asking at me , How I liked him ? I answered , that as he was a worthy Servant , so he was happy who had a Princess , who could discern and reward good Service . Yet , says she , you like better of yonder long Lad , pointing toward my Lord Darnly , who as nearest Prince of the Blood , did bear the Sword of Honour that day before her . My answer was , That no Woman of spirit would make choice of such a Man , who more resembled a Woman then a Man. For he was handsom , beardless , and Lady faced . And I had no will that she should think that I liked him , or had any eye or dealing that way . Albeit I had a secret charge , to deal with my Lady Lennox , to endeavour to procure liberty for him to go to Scotland ( where his Father was already ) under the pretext of seeing the Countrey , and conveying the Earl his Father back again to England . Now I found the Queen of England was determined to treat with my Sovereign , first concerning her marriage with the Earl of Leicester , and for that effect she promised to send Commissioners unto the Borders . In the mean time , I was very favourably , and familiarly used . For during nine days that I remained at the Court , it pleased her Majesty to confer with me every day , and sometimes thrice in a day , in the morning , after Dinner , and after Supper . Sometimes she would say , that seeing she could not meet with the Queen her good Sister , to confer with familiarly , that she was resolved to open a good part of her inward mind to me , that I might shew it again unto the Queen . She told me she was not so much offended with the Queens angry Letter , as that she seemed so far to disdain the marriage of my Lord of Leicester , which she had caused Mr. Randolph to propose to her . I answered , That it was probable he had let fall something thereof to my Lord of Murray , and Lidingtoun , but that he had never proposed the matter directly to her self , and that as well her Majesty , as those who were her most familiar Councellors , could conjecture nothing thereupon , but delays and driving off time concerning the declaring of her to be second Person , which would be clearly tryed at the meeting of the Commissioners above specified . She replied , That the tryal and declaration thereof , would be hasted forward according to the Queens good behaviour , and applying her self to follow her pleasure and advice in her marriage . And seeing the matter concerning the said declaration was so weighty , and of so much import , she had ordered some of the best Lawyers in England , diligently to search out who had the best right , and she heartily wisht it might be found to be her dear Sister , rather than any other . I said I was very confident that her Majesty was ingenuous in that Declaration , and that my Mistress expected no other at her hand . But I lamented , that even the wisest Princes , did not sufficiently pry into the hidden designs of their familiar Councellors , and Servants , except it were such an honourable and rare Prince as Henry the Eighth , her Majesties Father of happy memory , who of his own head was determined to declare his Sisters Son , King James the Fifth , Heir apparent to the Crown of England , failing Heirs to be gotten of his own Body , while her Majesty was not yet born , but only her Sister Queen Mary , and that for the earnest desire he had to unite this whole Island . She said she was glad he did it not . I said , that then he had but one Daughter , and expected no more Children , and yet he had not so many suspicions in his head as your Majesty hath , though you are certainly convinced you will never have any Children , seeing your Majesty declares your self resolved to dye a Virgin. Yes , says she , I am resolved never to marry , if I be not thereto necessitated by the Queen my Sister 's harsh behaviour toward me . I know the truth of that Madam , said I , you need not tell it me . Your Majesty thinks if you were married , you would be but Queen of England , and now you are both King and Queen . I know your spirit cannot endure a Commander . She appeared to be so affectionate to the Queen her good Sister , that she expressed a great desire to see her . And because their so much , by her , desired meeting could not be so hastily brought to pass , she appeared with great delight to look upon her Majesties picture . She took me to her Bed-chamber , and opened a little Cabinet , wherein were divers little pictures wrapped within Paper , and their Names written with her own hand upon the Papers . Upon the first that she took up was written , My Lord's Picture . I held the Candle , and pressed to see that picture so named , she appeared loath to let me see it , yet my importunity prevailed for a sight thereof , and found it to be the Earl of Leicester's picture . I desired that I might have it to carry home to my Queen , which she refused , alledging that she had but that one picture of his . I said , your Majesty hath here the Original , for I perceived him at the farthest part of the Chamber , speaking with Secretary Cicil . Then she took out the Queens picture and kissed it , and I adventured to kiss her hand , for the great love therein evidenced to my Mistress . Se shewed me also a fair Ruby , as great as a Tenis Ball , I desired that she would either send it , or my Lord of Leicester's picture , as a Token unto the Queen . She said , if the Queen would follow her counsel , that she would in process of time get all she had ; that in the mean time she was resolved in a Token to send her with me a fair Diamond . It was at this time late after Supper , she appointed me to be with her the next morning by Eight of the Clock , at which time she used to walk in her Garden . She inquired several things of me relating to this Kingdom , and other Countries wherein I had travelled . She caused me to dine with her Dame of Honour , my Lady Strafford ( an honourable and godly Lady , who had been at Geneva , banished during the Reign of Queen Mary ) that I might be always near her , that she might confer with me . I had formerly been acquainted with my Lady Strafford , as she passed through France . I had good intelligence from her and my Lady Throgmorton . At divers meetings we had divers purposes . The Queen my Mistress had instructed me to leave matters of gravity sometimes , and cast in merry purposes , lest otherwise I should be wearied , she being well informed of that Queens natural temper . Therefore in declaring my observations of the customs of Dutchland , Poland and Italy , the Buskins of the Women was not forgot , and what Countrey Weed I thought best becoming Gentlewomen . The Queen said she had Cloths of every sort , which every day thereafter , so long as I was there , she changed . One day she had the English Weed , another the French , and another the Italian , and so forth . She asked me which of them became her best ? I answered , in my judgment the Italian dress , which answer I found pleased her well , for she delighted to shew her golden coloured hair , wearing a Caul and Bonnet as they do in Italy . Her hair was more reddish then yellow , curled in appearance naturally . She desired to know of me , what colour of hair was reputed best , and whether my Queens hair or hers was best , and which of them two was fairest . I answered , the fairness of them both was not their worst faults . But she was earnest with me to declare , which of them I judged fairest ? I said she was the fairest Queen in England , and mine the fairest Queen in Scotland . Yet she appeared earnest . I answered , they were both the fairest Ladies in their Countries ; that her Majesty was whiter , but my Queen was very lovely . She inquired which of them was of highest stature ? I said , my Queen : Then , saith she , she is too high , for I my self am neither too high nor too low . Then she asked what kind of exercises she used ? I answered , that when I received my dispatch , the Queen was lately come from the High-land hunting . That when her more serious affairs permitted , she was taken up with reading of Histories : That sometimes she recreated her self in playing upon the Lute , and Virginals . She asked if she played well ? I said reasonably for a Queen . That same day after Dinner my Lord of Hunsdean drew me up to a quiet Gallery , that I might hear some Musick , but he said that he durst not avow it , where I might hear the Queen play upon the Virginals . After I had hearkned a while , I took by the Tapistry that hung before the door of the Chamber , and seeing her back was toward the door , I entered within the Chamber , and stood a pretty space hearing her play excellently well , but she left off immediately , so soon as she turned her about and saw me . She appeared to be surprized to see me , and came forward , seeming to strike me with her hand , alledging she used not to play before Men , but when she was solitary to shun melancholly . She asked how I came there ? I answered , as I was walking with my Lord of Hunsdean , as we past by the Chamber door , I heard such melody as ravished me , whereby I was drawn in e're I knew how , excusing my fault of homeliness , as being brought up in the Court of France , where such freedom was allowed ; declaring my self willing to endure what kind of punishment her Majesty should be pleased to inflict upon me for so great an offence . Then she sate down low upon a Cushion , and I upon my knees by her , but with her own hand she gave me a Cushion , to lay under my knee , which at first I refused , but she compelled me to take it . She then called for my Lady Strafford out of the next Chamber , for the Queen was alone . She inquired whether my Queen or she played best ? In that I found my self obliged to give her the praise . She said my French was good , and asked if I could speak Italian , which she spoke reasonably well . I told her Majesty I had no time to learn the Language perfectly , not having been above two Months in Italy . Then she spake to me in Dutch , which was not good ; and would know what kind of Books I most delighted in , whether Theology , History , or Love matters ? I said , I liked well of all the sorts . Here I took occasion to press earnestly my dispatch , she said I was weary sooner of her company , then she was of mine . I told her Majesty , that though I had no reason of being weary , I knew my Mistress her affairs called me home , yet I was stayed two days longer , till I might see her Dance , as I was afterward informed . Which being over , she inquired of me whether she or my Queen Danced best ? I answered , the Queen Danced not so high , and disposedly as she did . Then again she wished , that she might see the Queen at some convenient place of meeting . I offered to convey her secretly to Scotland by Post , clothed like a Page , that under this disguise she might see the Queen , as James the Fifth had gone in disguise to France with his own Ambassadour , to see the Duke of Vendom's Sister , who should have been his Wife . Telling her that her Chamber might be kept in her absence , as though she were sick ; that none needed to be privy thereto except my Lady Strafford , and one of the Grooms of her Chamber : She appeared to like that kind of Language , only answered it with a sigh , saying , alas if I might do it thus . She used all the means she could , to oblige me to perswade the Queen of the great love she did bear unto her , and that she was fully minded to put away all jealousies and suspicions , and in times-coming to entertain a stricter friendship then formerly . She promised that my dispatch should be delivered to me very shortly at London , by Secretary Cicil : For now she was at Hampton Court , where she gave me my answer by mouth her self , and her Secretary by writing . The next day my Lord of Leicester desired me to go down the River in his Barge with him to London . He had in his company Sir Henry Sidney Deputy of Ireland . By the way my Lord entered familiarly into discourse with me , alledging that he was well acquainted with my Lord of Murry , Lidingtoun , and my Brother Sir Robert , and that he was by report so well acquainted with me , that he durst upon the Character he had heard of me , desire to know what the Queen my Mistress thought of him , and the marriage that Mr. Randolph had proposed . Whereunto I answered very coldly , as I had been by my Queen commanded . Then he began to purge himself of so proud a pretence , as to marry so great a Queen , declaring he did not esteem himself worthy to wipe her Shoes , declaring that the invention of that proposition of marriage proceeded from Mr. Cicil his secret Enemy . For if I , says he , should have appeared desirous of that marriage , I should have offended both the Queens , and lost their favour . He intreated me to excuse him at her Majesties hands , and to beg in his Name , that she would not impute that matter to him , but to the malice of his Enemies . Being landed at London , our Dinner was prepared by the Earl of Pembroke , who being great Master , yet humbled himself so far as to serve the said Table , as Master of the Houshold himself . He was a devout friend to my Queens Title of succeeding to the Crown of England . After Dinner , I took leave of the French Ambassadour , and the Spanish , having received divers advertisements from them . My Lord of Leicester , beside what he had spoke to me , did write to my Lord of Murray to excuse him at the Queens hands . The day appointed , I received my dispatch from Secretary Cicil , together with a Letter of Credit , and a more ample Declaration of the Queens mind , touching the same answers she had made me her self . He gave me also a Letter to Secretary Lidingtoun . For as is abovesaid , Secretary Cicil , and Leicester , my Lord of Murray , and Secretary Lidingtoun ruled both Queens , and as yet kept good correspondence together . When I took my leave , Secretary Cicil conveyed me through the Close , to the outer Gate of the Palace , where he himself put a fair Chain about my Neck . My Lady Lennox , and Sir Nicholas Throgmorten sent many good advices to the Queen , to be followed according as occasion offered . My Lady Lennox sent also Tokens , to the Queen a Ring with a fair Diamond ; she sent an Emerauld to my Lord her Husband , who was yet in Scotland ; a Diamond to my Lord of Murray ; a Watch set with Diamonds and Rubies to the Secretary Lidingtoun ; a Ring with a Ruby to my Brother Sir Robert. For she was still in good hope , that her Son my Lord Darnly , would come better speed concerning the marriage of our Queen , then the Earl of Leicester . She was a very wise and discreet Matron , and had many favourers in England for the time . At my return , I found the Queens Majesty still at Edinbrugh . To whom I declared at large my manner of proceeding with the Queen of England , and gave her Majesty her answers to the special heads of my instructions in writing . Her Majesty answered to the first , that whereas the Queen thought the time very long since she received either word or writ from her , whereby she might understand of her good estate , and had sent me thither to visit her in her behalf , that she thought the time as long , albeit she had conceived some displeasure concerning the angry Letter . Which was the greater , in respect it appeared that she disdained the offer of the best good she had to give , to wit , the Man whom she esteemed as her Brother . And whereas she had sent me to visit her , she was more satisfied with my coming , then she would have been with any other , being formerly of her acquaintance , with whom she could the more familiarly declare her inward mind to the Queen my Mistress , seeing she could not meet with her self , so soon as she desired . As I might declare how familiarly she had conferred with me , acquainting me with all her inward griefs and desires , and how well she was satisfied , and how willing to continue all good offices of amity , and that she would for that effect , send shortly down to the Border , Commissioners , who were named by her self , to meet with my Lord of Murray and Lidingtoun . As for the Parliament , it was yet in doubt whether it held or not . If it held , the Queen should get no hurt in her Right , neither directly nor indirectly , but she should be forewarned in due time . Then I shewed her Majesty at length , of all other purposes that fell out occasionally betwixt that Queen and me , together with the opinions and advertisements of divers of her friends in England , as well Catholicks as Protestants . I gave her , at the desire of the Spanish Ambassadour , the intimation of his Kings good will toward her . Her Majesty was very glad that matters were brought again to this pass , between her and the Queen of England , having thereby occasion of getting intelligence from a great number of Noblemen , and others her friends in England . For she was also afraid , that the blame of the discord , would have been laid upon her , if it had continued . After that her Majesty had at great length understood all my management and proceedings in England , she inquired whether I thought that Queen meant truly toward her inwardly in her heart , as she appeared to do outwardly in her speech . I answered freely , that in my judgment , there was neither plain dealing , nor upright meaning , but great dissimulation , emulation and fear , lest her Princely qualities should over soon chace her from the Kingdom , as having already hindered her marriage with the Arch-duke Charles of Austria . It appeared likewise to me , by her offering unto her with great appearing earnestness my Lord of Leicester , whom I knew at that time she could not want . Shortly after my Lord of Murray and Bedford met near Berwick , to treat concerning the marriage with Leicester , with slenderer offers , and less effectual dealing then was expected . But the said Earl of Leicester had written such discreet and wise Letters unto my Lord of Murray for his excuses , that the Queen appeared to have so good liking to him , as the Queen of England began to suspect that the said marriage might take effect . Her apprehensions of this , occasioned the Lord Darnly his getting more readily license to come to Scotland , in hope that he being a handsome lusty youth , should rather prevail , being present , then Leicester who was absent . Which license was procured by the means of the Secretary Cicil , not that he was minded that any of the marriages should take effect , but with such shifts to hold the Queen unmarried so long as he could . For he perswaded himself , that my Lord Darnly durst not proceed in the marriage , without consent of the Queen of England first obtained to the said marriage , his Land lying in England , and his Mother remaining there . So that he thought it lay in the Queen his Mistress her own hand , to let that marriage go forward , or to stay the same at her pleasure . And in case my Lord Darnly should disobey the Queen of Englands command , to return upon her call , he intended to cause for fault him whereby he should lose all his Lands , Rights , and Titles that he had in England . The Queens Majesty , as I have said before , after her returning out of France to Scotland , behaved her self so Princely , honourably , and discreetly , that her reputation spread it self in all Countries . She was determined , and of her self inclined to continue so unto the end of her life , desiring to entertain none in her company , but such as were of the best conversation , abhorring all vice and vicious persons . In this her resolution , she desired me to assist her by affording her my good counsel , what way was most effectual to ingratiate her self with her Subjects . And in case she ( being yet young ) might forget her self by any unseemly gesture or mis-behaviour , that I would warn her thereof , by admonishing her to forbear , and timously reform the same . Which Commission I did at first altogether refuse to accept of , saying , That her vertuous actions , her natural judgment , and the experience she had learned in the Court of France , had instructed her so well , and qualified her so abundantly , to be an example to all her Subjects and Servants , that she needed none to admonish her . But she would not leave it so , but said she knew she had committed divers errours , upon no ill meaning , only for want of the admonition of loving and concerned friends . Because that the greatest part of Courtiers commonly flatter Princes , to insinuate for their fav 〈…〉 ll not tell them the truth , fearing thereby to disoblige them . 〈…〉 fore she adjured and commanded me to accept that charg 〈…〉 said was a very ruinous Commission , begging her Majesty 〈…〉 that burthen upon her Brother my Lord of Murray , and the Secretary Lidingtoun . She answered , she would not take it in so good part from them , as from me . I said , I was afraid that through process of time , it would cause me to lose her favour . She said , it appeared I entertained an ill opinion of her constancy and discretion : which opinion she doubted not but I would alter , after I had undertaken , and practised that friendly and familiar charge . In the mean time she made me privy to all her most urgent affairs , but chiefly to her dealings with any forreign Nation . She shewed unto me all her Letters , those which she received from other Princes . She desired me to write in her favour , to such Princes as I had been acquainted with , and to such forreign Councellors as I knew to be eminent Men. In which Letters , I did not omit to set out her vertues . I used to shew to her their returns ; which ordinarily gave me an accompt of the most remarkable occurrences of those Countries , to her Majesties great contentment . For she was of a quick spirit , curious to know and get intelligence of the state of other Princes . She was something sad when solitary , and was glad of the company of such as had travelled to other Kingdoms . Now there came here in company with the Ambassadour of Savoy , one David Rixio of the County of Piedmont , who was a merry fellow , and a good Musician . Her Majesty had three Valets of her Chamber , who sung three parts , and wanted a Bass to sing the fourth part . Therefore they told her Majesty of this Man , as one fit to make the fourth in Consort . Thus he was drawn in to sing sometimes with the rest , and afterward when her French Secretary retired himself to France , this David obtained the said office . And as he thereby entered in greater credit , so he had not the prudence how to manage the same rightly . For frequently in presence of the Nobility , he would be publickly speaking to her , even when there was greatest Conventions of the States . Which made him to be much envied and hated , especially when he became so great , that he presented all signatours to be subscribed by her Majesty . So that some of the Nobility would frown upon him , others would shoulder and shut him by , when they entered the Queens Chamber , and found him always speaking with her . For these who had great Actions of Law , new infestments to be taken , or who desired to prevail against their Enemies at Court , or in Law Suits before the Session , addressed themselves to him , and depended upon him , whereby in short time he became very rich . Yet he wanted not his own fears , therefore he lamented his estate to me , asking one day my counsel , how to behave himself . I told him that strangers were commonly envied , when they medled too much in the affairs of other Countries . He said he being Secretary to her Majesty in the French Tongue , had occasion thereby to be frequently in her Majesties company , as her former Secretary used to do . I answered again , that it was thought that the greatest part of the affairs of the Countrey past through his hands , which gave offence to the Nobility . I advised him in their presence to retire from the Queen , giving them place . And that he might desire the Queen to permit him to take that way . I told him for an example , how I had been in so great favour with the Elector Palatine , that he caused me to sit at his own Table , and that he used frequently to confer with me in presence of his whole Court , whereat divers of them took great indignation against me . Which so soon as I perceived , I requested him to permit me to sit from his own Table with the rest of his Gentlemen , and no more to confer with me in their presence , but to call me by a Page to his Chamber , when he had any service to command me . Seeing otherwise he would prejudge himself and me , both by giving ground of discontent to his Subjects , in too much noticing a stranger , and so expose me to their fury . Which I obtained , and that way my Master was not hated , nor I any more envied . I advised him to take the like course , if he was resolved to act as a wise Man. Which counsel he said he was resolved to follow , but afterward told me that the Queen would not suffer him , but would needs have him carry himself as formerly . I answered , that I was sorry for the inconveniencies that might follow thereupon . And afterward finding the envy against Rixio still to increase , and that by his ruine which I did foresee to be inevitable , her Majesty might incur displeasure , and her affairs be prejudged , seeing I clearly perceived that the extraordinary favour she carried to that Man , did much alienate the hearts of her own Subjects from her . I remembred her Majesties command lately laid upon me , when she particularly injoined me , to forewarn her of any circumstance to be observed in her carriage , which I thought could tend to her prejudice . I had before this time taken some such freedom , in desiring her to desist from some things which I knew were dissatisfactory to her Subjects , and upon my acquainting her Majesty therewith , she had been pleased to reform them . The reflection hereupon , incouraged me the more cheerfully , in hope of the like success , to forewarn her Majesty of the inconveniencies I did clearly foresee would inevitably follow , if she in time did not alter her carriage to Rixio . Therefore upon the first opportunity , I took occasion to enter with her Majesty upon this discourse , in most humble manner representing , what I did upon rational considerations conjecture would be the consequences , of the too publick demonstrations of favour , she gave to Rixio , a stranger , and one suspected by her Subjects to be a pensioner of the Pope . That though they were resolved not to challenge her Majesties Religion , though contrary to theirs , allowing her Liberty of Conscience , yet it was not to be supposed , but the too much owning of Rixio , a known Minion of the Pope , would give ground of suspicion , that some design to the prejudice of the Established Religion , would be by him contrived . That to prevent this , her Subjects would find themselves obliged , to use all their endeavours to ruine a Man , and a stranger , from whom they could expect no good office , as being a known Enemy to their Religion . For the Nobility would certainly take it as an high affront upon them , to see her so visibly more countenance a stranger , then them her native Subjects . I told her Majesty very freely what advice I had given to Rixio . She answered me , that he medled no further then in her French writings , and affairs , as her other French Secretary had done formerly . And that whoever found fault therewith , she would not be so far restrained , but that she might dispence her favours to such as she pleased . I remembred her Majesty what displeasure had been procured to her , by the rash mis-behaviour of a French Gentleman called Chattellier , who transported to miscarry himself by her affability , had thereby highly injured her Majesty . I told her Majesty that a grave and comely behaviour toward strangers , not admitting them to too much familiarity , would bring them to a more circumspect and Reverend carriage . I told her , how necessary it was , that she particularly noticed all her actings , seeing those of her Subjects who were not of her Religion , were easily allarumed with any thing which could be therein misrepresented . That if their hearts were once lost , there would be great difficulty of regaining that place in their affections , which yet they found her due as their Sovereign Princess . She thanked me for my continual care , evidenced in this free advice , and ingaged to take such order in reference thereto , as the case required . I have already told , how that my Lord Darnly was advised to ask License to come unto Scotland . At his first coming he found the Queen at Weems , making her progress through Fiffe . Her Majesty took very well with him , and said , That he was the properest and best proportioned long Man that ever she had seen ; for he was of a high Stature , long and small , even and straight . He had been from his Youth well instructed in all honest and comely exercises . After he had haunted Court some time , he proposed marriage to her Majesty , which proposal she at first appeared to disrelish , as that same day she her self told me , and that she had refused a Ring , which he then offered unto her . I took occasion freely hereupon to speak in his favours , and to convince her Majesty , that no marriage was more her interest then this , seeing it would render her Title to the Succession to the Crown of England unquestionable . I know not how he came to fall in acquaintance with Rixio , but I found he also was his great friend at the Queens hand , so that she took ay the longer the better liking of him , and at length determined to marry him . This being made known to the Queen of England , she sent and charged him to return . She also sent her Ambassadour Sir Nicholas Throgmorton to Scotland , to disswade the Queen from marrying him , and in case the Queen would not follow her advice ; to perswade the Lords , and so many as were of the Protestant Religion , to withstand the said marriage , till the said Lord Darnly should subscribe a Bond to maintain the Reformed Religion , which he had ever professed in England . The Queen again perceiving the Queen of Englands earnest opposition to all the marriages that offered unto her , resolved to delay no longer . But my Lord Duke of Chattellerault , my Lords of Argile , Rothes , Murray , Glencairr , and divers other Lords , and Barons , withstood the said marriage . Who after they had made an Essay to take the Lord Darnly in the Queens company at the Raid of Baith , and as they alledged to have sent him to England . Failing in this their enterprise , they took them to the fields to her Majesties great dissatisfaction , and heart-breaking . Her Majesties Forces were sooner ready then theirs , so that she persued them here and there , whereby they were so straitned that they could never have the opportunity of drawing together . And at length , they were compelled to flee unto England for refuge to her , who by her Ambassadours had promised to hazard her Crown in their defence , in case they were driven to any strait , because of appearing against the said marriage . Though this was expresly denyed them , when coming to demand help . For when they sent up my Lord of Murray to that Queen , the rest abiding at New-castle , he could obtain nothing but disdain and scorn , till at length he and the Abbot of Kilwinning his Companion in that message , were perswaded to come and confess unto the Queen upon their knees , and that in presence of the Ambassadours of France and Spain , that her Majesty had never moved them to that opposition and resistance against their Queens marriage . For this she had desired to satisfie the said Ambassadours , who both alledged in their Masters names , that she had been the cause of the said Rebellion , and that her only delight was to stir up dissention among her Neighbours . Yet by this cunning , she overcame them . For she handled the matter so subtilly , and the other two so cowardly , in granting her desire contrary to what was truth , being put in hopes of relief , if they would so far comply with what was judged her interest for the time , that she triumphed over the said Ambassadours for their false allegiance . But unto my Lord of Murray , and his neighbour , she said , now you have told the truth , for neither did I , nor any in my Name stir you up against your Queen . For your abominable Treason , may serve for example to my own Subjects to rebel against me . Therefore get you out of my presence , you are but unworthy Traytors . This was all the reward they procured at her hands , and had not some of the Protestants in her Kingdom , who favoured them upon accompt of their Religion , interposed what they could with her , they would not have been permitted , during their banishment , to have remained within her dominions . Although a little before , she had promised to give them what assistance they demanded to the uttermost of her power , upon condition that they would please her so far , as to sit down upon their knees in presence of the said Ambassadours , and make the foresaid false confession . And as for secret help , she gave them none , only they obtained a small contribution among some of their own Religion there , who were their friends , which was distributed among them at New-castle , where they remained comfortless , and in great trouble . The Queen finding the shifts the Court of England made to delay her marriage with any Man proposed , hasted forward her marriage with my Lord Darnly , which was solemnized in the Palace of Halyrood-House , within the Queens Chappel at the Mass , wherein Rixio was no small instrument . Scotland being by this time almost wholly of the Reformed Religion , took a dislike of the King because of this , he having formerly professed the Reformed Religion in England . Hence were occasioned rumours , that there was some design on foot , for planting again in Scotland the Roman Catholick Religion , there being ground of suspicion , that Rixio was a Pensioner of the Popes . And at this same time , the Pope sent Eight Thousand Crowns in Gold to be delivered to our Queen , which augmented these suspicions . But the Ship wherein the said Gold was , did Ship-wrack upon the Coast of England , within the Earl of Northumberland's bounds , who alledged the whole to appertain to him by just Law , which he caused his Advocate to read unto me ( when I was directed to him for the demanding restitution of the said Sum ) in the old Norman Language . Which neither he nor I understood well , it was so corrupt . But all my intreaties were ineffectual , he altogether refusing to give any part thereof to the Queen , albeit he was himself a Catholick , and otherwise professed secretly to be her friend . After that the Queens Majesty had married my Lord Darnly , she did him great honour her self , and desired every one who expected her favour , to do the like , and to wait upon him . So that for a little time , he was well accompanied , and such as sought favour by him , sped best in their Suits . But because he had married without advice of the Queen of England , my Lady Lennox his Mother was committed to the Tower of London , where she was kept for a long time . All this time I attended still upon the Queen , but with less familiarity then formerly . And seeing my service for the time no more needful , humbly begged liberty of the Queen to return to France , and other places , where I had spent the greatest part of my life . But this her Majesty absolutely refused to grant , expressing some desire to know what could move me to desert her service . I said the time was full of suspicions , and that I was confident I could do her more service abroad then at home as matters had fallen out . She answered , that she knew I could do her more service at home , then any Servant she had if I pleased , but that I had left off using my wonted freedom with her in giving her my opinion of her proceedings . I told her Majesty I was somewhat apprehensive that my opinions would be unpleasant to her , but she affirmed the contrary , telling me that I had Enemies , who used their endeavours to imprint a bad Character of me in the King , as if I had been a favourer of the Earl of Murray , which she had put out of the King's head , as being better acquainted with my nature and conditions : Saying , that she knew well that I had a liking to the Earl of Murray , but not to his actings of taking up Arms against her . That she was assured that I loved her ten times better then him . She said moreover , that if any did endeavour to misrepresent her as much to me , that she wisht I should give them no more credit against her , then she had done , or should do against me . She advised me to wait upon the King , who was but young , and give him my best counsel , as I had formerly done to her , which might help him to shun many inconveniencies . And she gave me her hand , that she would take all in good part whatever I did speak , as proceeding from a loving and faithful Servant . Desiring me also to befriend Rixio , who was hated without a cause . The King also told me , who they were who had spoken to him in my prejudice . And said they were known to be such common lyars , as their tongue was no slander . By these and such like means , the Queens Majesty obliged me more and more to be careful , to be serviceable to her . And I judged my self ingaged as the greatest demonstration I could give of my being faithful to her , to give her my opinion , what use she might make for her own advantage , of the harsh usage the Earl of Murray and his associates had received in England . How uncourteously that Queen had used them before the French and Spanish Ambassadours , she having broken all her fair promises unto them . First , I told her Majesty that ever since her return to her own Countrey , she had been endeavouring to get her Nobility , and whole Subjects , intirely affected to take part with her in all actions whatsoever , and chiefly against England in case she might have occasion of imploying them . Though she could never hitherto obtain her desire , because of the secret bond and promise was made among them , when the English Army was at the Siege of Lieth , helping to put the Frenchmen out of Scotland . Now , said I , Madam the occasion is offered , whereby your Majesty may bring your desired intention to pass , if you could find in your heart either to pardon the Earl of Murray , and his associates , or at least to prolong the Parliament , wherein they are to be forfaulted , untill your Majesty may duly advise , and see whether it will be more your interest to forfault them , or give them ground of hope of obtaining your pardon , according to their carriage for the future . To this she answered , now when they could do no better , they sought her ; but when she sought their concurrence , such as Subjects owe to their native Prince , they would not hear her , no more would she now notice their Suits . I said , whensoever they were to make their Suits , it should not be by me , but this I propose of my self to your Majesty , who can choose the best , and leave the worst in all accidents . Seeing it is no little matter to gain the whole hearts of all your Subjects , and also of a good number in England , who favour them and their Religion , who would admire such Princely vertues . When they should see so pregnant a proof of your Majesties being able to Master your own passions and affections , all will then conclude , that you were most worthy to reign over Kingdoms , finding you so ready to forgive , and so loath to use vengeance , especially against Subjects already vanquished , and not worthy of your wrath . If your Majesty consider seriously , clemency at such a time will be found most convenient , and that part of Justice called Equity , more profitable then rigour . For extremity frequently brings on desperate enterprises . At this her Majesty entred into choller , saying , I defie them , what can they do or what dare they do ? Madam , says I , with your Majesties pardon , my proposition is in obedience to your own Commandment , to shew you my opinion at all times for the weal of your affairs . Then she said she thanked me , granting that it was a good advice , and necessary to be done , if she could in so far command her self . But that yet she could not find in her heart to have to do with any of them upon divers considerations , intreating me nevertheless to continue giving her my advice at all occasions . For albeit she did not follow this , she might perchance do better at another time . I answered , that it was only the consideration of her interest , that made me appear so concerned . Many Noblemen being banished , and so near as New-castle , having many other Noblemen at home , of their kindred and friends , so malecontent , as I knew them to be for the time , made me fear some attempt towards an alteration . For I told her , I had heard dark speeches , that we should hear news e're the Parliament was ended . Her Majesty answered , that she likewise wanted not advertisements of the like rumours , but that our Countrey-men were talkative . I vsed the same freedom with Rixio , for then he and I were under great friendship . But he evidenced a disdain at all danger , and despised counsel , so that I was compelled to say , I feared over late Repentance . You have heard that Sir Nicholas Throgmorton was one of the two English Ambassadours , who were sent hither to stay the marriage , and to make many promises in his Mistresses Name , to so many as would resist the same , which promises were afterward denied by the Queen of England , and by Mr. Randolph . But Sir Nicholas Throgmorton stood neither in awe of Queen or Council , to declare the verity , that he had made such promises to them in her Name , whereof the Councellors and craftiest Courtiers thought strange , and were resolving to punish him for avowing the same promise to be made in his Mistresses Name , had not he wisely and circumspectly obtained an Act of Council for his Warrant , which he offered to produce . And the said Sir Nicholas was so angry , that he had been made an instrument to deceive the Scots banished Lords , that he advised them to sue humbly for pardon at their own Queens hand , and to ingage never again to offend her for satisfaction of any Prince alive . And because as they were then stated they had no interest , he penned a perswasive Letter , and sent unto her Majesty as followeth . YOur Majesty hath in England many friends of all degrees , who favour your Title , but for divers respects . Some for very Conscience sake , being perswaded , that in Law your Right is best ; some for the good opinion they have conceived , by the honourable report they have heard of your vertues and liberality , the consideration whereof ingageth them to esteem your Majesty most worthy to Govern ; some for factions , who favour your Religion ; some for the ill will they bear to your competitour , seeing their own danger if Lady Kátharine should come in that place . Of these , some are Papists , some Protestants , and yet however they differ among themselves , in Religion or other particulars , they are both of one mind for the advancement of your Title . Your Majesty hath also divers Enemies for various respects , not unlike to the other , whose study hath always been , and will be , unless they be made friends , to hinder any thing that may tend to your advantage . In one point all concur , both Friends and Enemies , yea the whole People , that they are most desirous to have the Succession of the Crown declared and assured , that they may be at a certainty , only the Queen her self is of a contrary opinion , and would be glad the matter should always be in suspence . Your un-friends have done what they could , to take the advantage of the time , to your prejudice . And for that end , pressed the holding of the Parliament , which was before continued till October last . Knowing assuredly , that if the Parliament held , the Succession of the Crown would be called in question . And they thought the time served well for their purpose , when there was division and trouble in your own Realm , and no good understanding betwixt you and the Queen of England . And her Subjects your friends , for eschewing that inconvenience and winning of time to give your Majesty place to work , and remove all impediments , so far as wisdom may , have found the means to drive it off till the next spring . Now their advice is , that in the mean time your Majesty indeavour by wisdom to assure your self of the whole Votes , or at least of the best and most considerable of the Parliament , when ever the matter shall be brought in question . Which may be done , by retaining the hearts of those you have gained already , recovering of those who are brangled , winning of the neutrals , and so many of your adversaries as may be gained ; for it is not to be supposed that all can be won who are already so far addicted to the contrary Faction , but when the cause of their aversion is removed the effect will cease . Generally your Majesty will do well to forbear any act that will offend the whole people , and use such means as will render your most acceptable to them . Strangers are universally suspected to the whole people , against which your Majesty hath in your marriage wisely ●●●●ided , by abstaining to match with a forreign Price . So do they 〈…〉 your Majesty to abstain from any League or Confederacy , with 〈…〉 forreign Prince that may offend England , till you have first es●yed what you can purchase by the benevolence of the born Subjects thereof . Not that they would desire your Majesty to forfeit your friendship with France , and Spain , but rather that you should wisely entertain them both to remain at your devotion , in case afterward you have need of their favour . Nevertheless it is their wish , that the same may rather remain in general terms as heretofore , then that you proceed to any special act which may offend England , which you cannot with honour bring back again when you would . As many of your adversaries as are addicted to the contrary Faction for hatred of your Religion , may be gained when they see your Majesty continue in the temperance and moderation you have hitherto used , within your own Realm in matters of Religion , without innovation or alteration . As many as by misreports have been carried to the contrary Faction , may by true report be brought back again , when they shall hear of your clemency used towards your own Subjects , which vertue in Princes , of all others , most allures the hearts of people to favour , even their common Enemies . As many as can deal warily and discreetly with your friends of both the Religions , and are only addicted for Conscience sake to my Lady Katharine , being perswaded of the preference of your Title in Law , may be gained to your Majesty by contrary perswasions , and by adducing of such reasons and arguments , as may be alledged for proof of your good cause , whereof there are abundance to be had . Some your Majesty will find in England , who will hazard as far as they dare , to serve your turn in this behalf . But because it is so dangerous to Men to deal in , and may endanger Lives and Lands , if they be seen earnest medlers , travelling in that point so as would be necessary , it will require such instruments of your own when time comes , who may boldly speak without danger , and with whom the Subjects of England dare freely communicate their minds , and enter into conference . If any be afraid of your Majesty , thinking that you have an ill opinion of them , the assurance by a trusty Minister of your good will , whom they may credit , will quickly put them out of doubt and make them favourable enough . They who are constantly yours , are easily retained at your devotion : Those who heretofore have born any favour , and by the late occurrences are any way brangled , will be brought home again , when they shall see your Majesty , now when it is fallen in your hands to use rigour , or mercy , as you please , rather incline to the most plausible part , in shewing your magnanimity , when you have brought your Subjects to submission and gentleness , as the good Pastour to reduce his Sheep that were gone astray home again to the fold . Those who are yet neutrals , by the same means , and true information of your interest by Law , may all be won to your side . This done , when the matter comes in question , your friends will earnestly press your interest at this Parliament , and you will without controversie bear it away . This device , in so far as concerns your reconciliation with your Subjects , is not a fetch for their favour , but is thought expedient for your service , by many who have no favour for them , and are different from them in Religion . For it will bring the Queen of England greatly to favour you , when she shall see such an Union in your own Kingdom , of the Head and whole Members together . She will not know how to disturb your Majesties estate , especially when the Reconciliation takes effect in the hearts of the Subjects in England , who will think themselves in an happy condition , if they should come under the Government of so benign a Princess , who can so readily forgive great offences . For albeit it must be acknowledged that my Lord of Murray , hath by his inconsiderate carriage given your Majesty great ground of offence , yet it is hard to perswade the Protestants , that your quarrel against him hath any other foundation , then that he differs from you in Religion . Upon this ground , they find themselves engaged to espouse his quarrel . If then they perceived your Majesty graciously inclined to take him again unto favour , and forgive what is by-past , the Protestants in England would doubtless declare themselves more affectionate to your interest , when they shall see more of their own Religion so clemently handled . And that your Majesty may have experience , that it is your advancement your friends would by this means procure , and not the advantage of those with whom your Majesty is offended , a middle way may be followed , as is frequently used in such like cases , where not only the multitude is spared , but the chief authors are preserved . It may please your Majesty to cause a Letter to be pen'd in good terms and form , and publish the same by Proclamation , declaring the just cause of your anger against all of them ; and that yet for declaring your own good nature above their deservings , you are content to remit the whole , except such principles as you please to reserve and except by name from the general Pardon . And that with whom you will not take such severe order as you might in Law , till you have further tryal and experience of their Penitence . The persons so to be nominated and excepted shall depart out of England , to what Countrey pleaseth your Majesty , there to remain during your pleasure . In this mean time , if your Majesty find that this benign usage of yours , shall produce such fruit as is here spoken , your Majesty may further extend your favour , as you find convenient and profitable for your self . For your Majesty hath still the crimes lying above their heads . In the mean time all who favour them in England , will plead in their cause with your Majesty , so far as their power extends , as if they were Agents for your Majesty . They will in no ways , if they can eschew it , be again in the Queen of Englands debt , neither by obtaining of any favour at your hand by her intervention , nor yet for any support in the time of their banishment . But rather it may please your Majesty , that their charges be allowed them of their own Lands . By following this advice , which in no ways can be prejudicial to your Majesty , but will much conduce for your interest , you may recover the greatest part of the Bishops of England ; many of the greatest Nobility and Gentlemen , who are yet Neutral . Their Names were declared to her Majesty in Cypher , by whose means he alledged her Majesty should obtain so great an interest in England , that albeit that Queen would appear against her , she needed not to care . For in sending but one thousand Men of her own , out of four parts of England , a sufficient number should join with them , by whose forces , without any strangers , her Majesty should obtain the thing which is wrongfully refused and retained . When her Majesty had seriously pondered this discourse , it had great influence upon her , to move her to follow the desire thereof , as well for the good opinion she had of him who sent it , as being of her own nature more inclined to mercy then rigour ; she being also wise , and being convinced that it tended to the advancement of her affairs in England . She was therefore fully resolved to have followed the advice thereof , and to prolong the Parliament which had been called to forfault the Lords who had fled . Rixio appeared also to have been gained for counselling her hereto . My Lord Murray had sued to him very earnestly , and more humbly then could have been believed , with the present of a fair Diamond inclosed within a Letter , full of repentance and fair promises , from that time forth to be his Friend and Protector . Which the said Rixio granted to do with the better will , that he perceived the King to bear him little good will , and to frown upon him . Following this advice and advertisement given by Sir Nicholas Throgmorton , the Queens Majesty sent my Brother , Sir Robert Melvil , to remain her Ambassadour in Ordinary at the Court of England , to be ready at all occasions in case any thing were treated at the Parliament concerning the Succession , and to pursue the Design laid down by Sir Nicholas , and her other friends in England . In this mean time , there was a French Gentleman sent home here ; called Monsieur d' Villamonte , with a Commission to treat with the Queen , that in no wayes she should shew any favour to the protestant banished Lords . Because that all Catholick Princes were bandied to root them out of all Europe . Which was a device of the Cardinal of Lorrain lately returned from the Councel of Trent . He had caused the King of France , to write earnestly to that effect . Which unhappy Message , occasioned divers tragical accidents . For the Queen was loath to offend her friends in France of the house of Guise , albeit she would have done little at that time by her own pleasure to satisfie the King of France who was but young and only guided by his Mother whom she had no good cause to like well of . But Rixio was thought also not to think fit to offend so many Catholick Princes confederated , and especially the Pope with whom he had secret intelligence . Hereby the Queen was again induced to hold the Parliament to forfault the banished Lords , against her own intention and her former deliberation . Now there were a number of Lords at home , friends to the Lords who were banished . As the Earl of Mortoun , the Lord Ruthven , the Lord Lindsay , and divers other Gentlemen who favoured them only for their Religion , some of them were discontent , that their friends should be forfaulted , others had special reasons inducing them to fear the Sitting of that Parliament . Especially the Earl of Mortoun , and his dependers feared a revocation that was alledged to be made at the said Parliament , to bring back again to the Crown divers great dispositions given out during the Queens minority , and some benefices which had been taken by Noblemen at their own hands during the Civil-Wars under pretext of Religion . These and such considerations , moved them to consult together how to get the Parliament stayed , and to make a change at Court. The Earl of Mortoun had a crafty head , and had a Cousin called George Deuglass , the natural Son to the Earl of Angus , who was Father to Dame Margaret Douglass Countess of Lennox , the King's Mother . The said George was continually about the King , and by his Mother , and Brothers means , put in his head such suspicions against Rixio , that the King was prevailed with to give his consent to his slaughter . This the Lords of Mortoun , Lindsay , Ruthven , and others had devised , to become that way Masters of the Court , and so to stop the Parliament . The King was yet very young , and not well acquainted with the nature of this Nation . It was supposed also , that the Earl of Lennox knew of the said design . For he had his Chamber within the Palace , and so had the Earl of Athol , Bothwel and Huntly , who escaped , by leaping over a Window toward the little Garden where the Lyons were lodged . This vile act was done upon a Saturday at six a-Clock at night , when the Queen was at Supper in her Closet . A number of Armed Men entered within the Court , before the closing of the Gates , and took the Keys from the Porter . One part of them , went up through the Kings Chamber , conducted by the Lord Ruthven and George Douglass ; the rest remained without , with drawn Swords in their hands , crying , A Douglass , A Douglass . The King was before gone up to the Queen , and was leaning upon her Chair , when the Lord Ruthven entered with his Helmet upon his Head , and George Douglass , and divers others with them , so rudely and irreverently , that the Table , Candles , Meat and Dishes were overthrown . Rixio took the Queen about the waste , crying for mercy , but George Douglass plucked out the Kings Dagger and stroke Rixio first with it , leaving it sticking in him . He making great shrieks and cryes , was rudely snatcht from the Queen , who could not prevail either with threats or intreaties , to save him . But he was forcibly drawn forth of the Closet , and slain in the outer Hall , and her Majesty kept as a Captive . That same night the Earl of Athol , the Laird of Tullibardine , and Secretary Lidingtoun , and Sir James Balfour were permitted to retire themselves out of the Palace , and were in great fear of their lives . The next morning being Sunday , I was let forth at the Gate , and passing through the outer Close , the Queen being looking forth at a Window , cryed unto me to help her . I drew near , and assured her of all the help that lay in my power . She desired me with all haste to go to the Provost of Edinbrugh , and desire him to convene the Town to relieve her out of these Traytors hands . But run fast , says she , for they will stay you . As this word was spoken , one Mr. Wisbet , Master of the Houshold to the Earl of Lennox , was sent with a Company to stay me . To whom I gave good words , saying , that I was only going to Sermon at St. Giles's Church . But I went in haste to the Provost , and told him my Commission from the Queen . He answered , That he had another commandment from the King , but that he should draw the people to the Tolbooth , and see what they would do , though he expected no help from their hands , because the most part of them were so discontent with the present Government , that all desired a change . Yet he convened them , though in vain . Which backwardness of theirs , I did intimate to her Majesty , by one of her Ladys , whom she sent again unto me , to tell me that she supposed my Lord of Murray and his associates , who were yet banished , remaining at Newcastle , would be sent for by those who were about her . Willing me at his coming , to perswade him not to join with those who had so highly affronted her , but to hold himself free , and be her friend in this strait , which doing should be his great advantage , and purchase her love and favour for ever . Which Commission I did not fail to execute at his coming upon Monday , but he was more moved at his meeting with her Majesty , who imbraced and kissed him , alledging that if he had been at home he would not have suffered her to have been so uncourteously handled . Which so much moved him , that the Tears run from his eves . He knew sufficiently well that it was not for his cause , but for their own particular ends , that the greatest part who had made that enterprise had therein ingaged , which made him the less concerned in them . Yet he and his Company resolved to keep the day , against which they were summoned to the Parliament . In the mean time , the King repented himself of his accession to that affair , whereupon her Majesty took occasion to perswade him to abandon those Lords , who had committed so odious a crime , as to hazard her life , together with his Child which was in her Belly . That nevertheless she was resolved to forgive them , and give them what security thereupon they would demand . The Lords seeing the King drawn from them , and my Lord of Murray not so frank for them as they expected , were necessitated to do the next best , and consented that a pacification should be penned , which was divers times written over , to put in and out certain heads and clauses , to drive time until the writing might appear plausible . Her Majesty caused the King to advise them , to discharge the Guard that kept her , that so the security might be subscribed , she being at liberty . Seeing otherwise it would not avail them in Law , if there were the least appearance of restraint upon her , during the time thereof . So upon Tuesday they went all to their rest , but the Queen , King , Traquair and Arthur Areskin Master of the Horse for the time , went out of Halirood-House at midnight toward the Castle of Dumbar , and left word with one of her Ladies to me , that I should be earnest to keep the Earl of Murray from joining with the other Lords . Who the next morning found themselves greatly disappointed being left without any appearance of a pacification . In the mean time , I used my endeavours very effectually to keep my Lord Murray from joining with the late offenders . I ingaged to him , that in so doing , I should procure a pardon to him , and all his followers . They on this manner being destitute of all assisters , were compelled to flee unto England to Newcastle , where in a manner they might find the other Lords nests yet warm . A few days before , my Lord Duke , my Lords of Glencairn and Rothes had obtained their pardons . For they were divided during their banishment , and her Majesty found it not her interest to have so many Lords against her . She had also now again indeavoured to draw the Earl of Murray from the Earl of Mortoun , and his accomplices , because he had for the time a great friendship and many dependers , that she might be the more easily revenged upon that most detestable deed of murthering her Servant in her presence . For she being big with Child , it appeared to be done to destroy both her and her Child . For they might have killed the said Rixio in any other part , at any time they pleased . My Lord Murray and his dependants , desired me to carry their humble thanks unto her Majesty , and to signifie unto her , how willingly they acquiesced to her Majesties desire , and how they had discharged themselves to such as had committed that vile act . And that they promised her Majesty never any more to have to do with them , or intercede for them . I rencountred her Majesty coming from Dumbar to Hadingtoun , and was very favourably received with great thanks for my care of her honour and wellfare . That night in Hadingtoun she subscribed divers remissions for my Lord Murray and his dependers , lamenting unto me the King's folly , ungratitude , and misbehaviour . I excused the same the best I could , imputing it to his youth , which occasioned him to be easily led away by pernicious Councel , laying the blame upon George Duglas and other bad Councellors , praying her Majesty for many necessary considerations , to remove out of her mind any prejudice against him , seeing that she had chosen him her self , against the opinion of many of her Subjects . But I could perceive nothing from that day forth , but great grudges that she entertained in her heart . That night in Hadingtoun , the King inquired of me , if the Lord of Murray had written to him . I answered , That his Letter to the Queen was written in haste , and that he esteemed the Queen and him but one . He said , he might have also written to me . Then he enquired what was become of Mortoun , Ruthven and the rest of that Company . I told him . I believed they were fled , but I knew not whither . As they have Brewed , says he , so let them drink . It appeared to me that he was troubled he had deserted them , finding the Queens favour but cold . The next day they came to Edinbrugh , and lodged within the Castle , where some were apprehended and executed , who had been in the Court of the Palace , and had kept the Gates that night wherein Rixio was slain . Her Majesty was now far gone with Child , and went to Sterling , intending to lye in there . Thither the King followed her , and from that to Allway . At length she came back to the Castle of Edinbrugh . It was thought that she fled from the King's company . I travelled earnestly to help matters betwixt them , and was therein so importunate , that I was thought troublesome . So that her Majesty desired my Lord of Murray to reprove me , and charge me not to be any more familiar with the King : Who went up and down all alone , seeing few durst bear him company . He was misliked by the Queen , and by all such as secretly favoured the late banished Lords : So that it was a great pity to see that good young Prince cast off , who failed rather for want of good Counsel and Experience , then from any bad inclinations . It appeared to be fatal to him , to like better of flatterers and ill Company then plain speakers and good Men : Which hath been the wrack of many Princes , who by frequenting good Company would have proved gallant Men. About this time the Queen of England was taken with a great Fever , that none believed she could live : All that Kingdom was thereby in great perplexity . But a strange thing is to be marked , that two contrary Factions there , had both determined , unknown to other , to send for our Queen , and set the Crown of England upon her head . My Brother Sir Robert Melvil was then Ambassadour there resident , and I served in place of Secretary here at home , because Secretary Lidingtoun was absent under some suspicion . He sent home continual advertisements how to proceed , and I again returned the answers at her Majesties direction . Now began the Earl of Rothvel to be in great favour , to the great dissatisfaction of many . He and the Earl of Huntly , and the Bishop of Rosse , envied the favour that the Queen shewed unto the Earl of Murray ; for they were upon contrary courses . The Queen on the other hand , knew how generally he was well liked of both in England and Scotland , and that she would be the better liked of in both Kingdoms that she shewed favour to him . And as she resolved to follow the former advice and information sent her by Sir Nicholas Throgmorton , so she forgat not the late help he had made her at his home-coming . These two Earls with the foresaid Bishop , took occasion when the time of her Majesties delivery drew near , to perswade her to imprison my Lord of Murray ; to remain no longer then she should be delivered , alledging that they were assuredly advertised , that he and his dependers were resolved to bring in the banished Lords , even at the very time of her Child-bearing : For they thought , if once he were warded , they should find devices enough to cause him be kept , and disgraced , especially when he should be absent , and not have opportunity of answering and resisting their Calumnies . Whereof her Majesty gave me an accompt , desiring me to mind her of their secret designs against Murray , without any just cause , flowing only from their own hatred who had devised his ruine . The Earl of Mortoun was now in a hard condition , though many of the Barons of Lauthran were his friends , they could be little stedable to him . Among the rest the Laird of Elphingstoun , my Brother-in-law , whose Mother was a Duglas of the House of Whittengem . Upon accompt of this friendship , the Earl of Mortoun caused to write unto my Sister the Lady Elphingstoun , desiring her to perswade me to write in his favours to the Elector Palatine , and other Princes of my acquaintance in Germany , to suffer him to live in their Country . For my Brother , by her Majesties direction , pressed the Queen of England to put them forth of her Kingdoms . And they durst not go to France , where the Queen had so many friends . This I did shew unto her Majesty that she might be the more confirmed , how groundless that report was , made by the foresaid Lords against Murray . Wherewith she appeared well satisfied , resolving to continue her kindness for my Lord Murray , but withal she charged me not to write in favours of Mortoun . In the mean time , Mr. Henry Killegrew was sent hither Ambassadour from the Queen of England , who was in great suspicion of her estate , finding so many of her Subjects favourers of our Queen . The said Ambassadour complained against one Mr. Ruxbie , who was harboured in Scotland , being a Rebel and a Papist : Declaring how that the Queen his Mistress had commanded Mortoun and his Complices forth of her Country : Which was done by open Proclamation , to please the Queen and her Ambassadour , who cryed out continually for her suffering them to abide so long in England : Yet as we afterward understood , they were secretly over-lookt , upon condition that they would keep themselves quiet . Mr. Killegrew alledged also that the Queens Majesty had been practising with Oneel in Ireland , who had his Ambassadour presently in Edinbrugh , in company of the Earl of Arguile . And Thirdly he complained of some disorders upon the Borders , made by Scotishmen . But the principal pretext of his Commission , was to comfort the Queen over her late troubles , to congratulate her freedom , and good success over her wicked and rebellious Subjects . It may appear sufficiently by that Queens former proceedings , that all the Sisterly familiarity was ceased , and in place thereof nothing but jealousies , suspicions and hatred . And yet they kept an outward correspondence , for keeping up Neighbourhood and Intelligence . The Scots Ambassadour for the time in England , had so good hap that his credit was great , for he was esteemed sure and secret . Which caused a great number of the Nobility , Protestants and Papists to Communicate their inward minds , and secretest intentions unto him . Mr. Randolph had not the like credit in Scotland , but only with some of the simplest sort of the Ministers . For this Ruxbie was sent in hither to appear to be a zealous favourer of her Majesties Right and Title to the Crown of England . He was to endeavour to speak with the Queen , and to take an occasion of informing her Majesty of the great friendship divers of the Catholicks had for her , who durst not deal with the Scots Ambassadour being a Protestant ; but that he would deal himself betwixt her Majesty and them . All this was to essay what he could draw out of her Majesty , to give advertisement thereof to Secretary Cicil. He addressed himself unto the Queens Majesty by the Bishop of Ross , who was a Catholick . The said Bishop desireing her Majesty to be secret . What he learned for the time I cannot tell , but he did write sundry intelligences unto the Secretary Cicil , which did prejudice . But this fine contrivance was not so secretly kept , but my Brother Sir Robert had knowledge thereof , and also of a Letter that the Secretary Cicil wrote again unto Scotland , to the said Mr. Ruxbie promising to see him rewarded ; and desiring him to continue in his diligence . Of all which my Brother by his good intelligence was so well advertised , that in due time he gave her Majesty and me information thereof . He gave his advice , how to carry for the future in that affair . So that when Mr. Killegrew made his complaint upon the receit of Mr. Ruxbie , her Majesty incontinently caused him to be apprehended , and all his Cyphers and Writings , among the which was found the Letter written by Secretary Cicil above mentioned . Ruxbie finding himself discovered , fell immediately upon his knees , granting himself worthy of a thousand deaths , humbly craving pardon . Her Majesty caused him to be so secretly and straitly kept , that the English Ambassadour could get no intelligence for what cause he was apprehended , until that the Queen did shew him her self , that upon his complaint to satisfie the Queen her good Sister , she had caused to apprehend the said Ruxbie , who should be delivered so soon after his return as it should please her Sister to send for him . But as this Mr. Ruxbie was secured , so was the complaint made against him kept secret . For her Majesty was advised , to appear altogether ignorant of any of his practises against her devised by Secretary Cicil , it not being thought her interest to put that shame upon one who professed so much to be her friend . Nor was it time to cast of intelligence , so long as it was found profitable to entertain it , as it would have indeed proved , had not such unhappy chances fallen out shortly after . The Queens Majesties reckoning being near run out , she caused me to dispatch for England , to be in readiness to give an accompt of the news of her delivery to that Queen ; leaving a Blank in her Letter to be filled up either with a Son or a Daughter , as it should please God to grant unto her . And to require the Queen of England to send hither in her name , such of hers as she knew to be best instruments for entertaining good love and friendship betwixt them , to be Gossips , as also to satisfie her concerning the most part of Killegrew's demands . All the while I lay within the Castle of Edinbrugh , praying night and day for her Majesties good and happy delivery of a fair Son. This prayer being granted , I was the first who was thereof advertised by the Lady Boin in her Majesties Name to part with dilligence the 19th of June 1555 betwixt Ten and Eleven in the morning . By Twelve of the Clock I took Horse , and was that night at Berwick . The fourth day after , I was at London , and did first meet with my Brother Sir Robert , who that same night sent and advertised Secretary Cicil of my arrival , and of the Birth of the Prince , desiring him to keep it quiet till my coming to Court to shew it my self unto her Majesty , who was for the time at Greenwich , where her Majesty was in great mirth , dancing after Supper . But so soon as the Secretary Cicil whispered in her Ear the news of the Prince's birth , all her mirth was laid aside for that night . All present marvelling whence proceeded such a change , for the Queen did sit down putting her hand under her Cheek , bursting out to some of her Ladies , That the Queen of Scots was Mother of a fair Son , while she was but a barren stock . The next morning was appointed for me to get Audience , at what time my Brother and I went by Water to Greenwich , and were met by some friends who told us how sorrowful her Majesty was at my news , but that she had been advised to shew a glad and cheerful countenance : Which she did in her best Apparel , saying , That the joyful news of the Queen her Sister's delivery of a fair Son , which I had sent her by Secretary Cicil , had recovered her out of a heavy sickness which she had lyen under for fifteen days . Therefore she welcomed me with a merry volt , and thanked me for the diligence I had used in hasting to give her that welcome intelligence . All this she said , before I had delivered unto her my Letter of Credence . After that she had read it , I declared how that the Queen had hasted me towards her Majesty as one whom she knew of all her friends , would be most joyful of the glad news of her delivery , albeit dear bought with the peril of her life , she being so sore handled that she wished she had never been married . This I said by the way to give her a little scare from marriage . For so my Brother had counselled me , because sometimes she boasted to marry the Arch duke Charles of Austria , when any Man pressed her to declare a second person . Then I requested her Majesty to be a Gossip to the Queen , to which she gladly condescended . Your Majesty , said I , will now have a fair occasion to see the Queen , whereof I have heard your Majesty so oft desirous . Whereat she smiled , saying , she wished that her estate and affairs might permit her : In the mean time , she promised to send both honourable Lords and Ladies to supply her room . Then I gave her Majesty , in my Queen's name , most hearty thanks , for her friendly visiting and comforting her by Mr. Henry Killegrew . She inquired if I had left him in Scotland , and what was the cause of his long stay . I answered , That the Queen took her Chamber shortly after his arrival , which was the chief cause of his delay . But I had in Commission to tell her Majesty something thereabout , to satisfie her mind in the mean time , and to thank her Majesty for the putting away of the Scots Rebels out of her Country , albeit there were some Reports that they were yet secretly entertained by some of her Subjects , though I hardly believed that any of her Subjects durst be so bold , or so disobedient . She affirmed they were out of her Dominions , and if it might be otherwise tryed out , it should not pass without rigorous punishment . I told her Majesty , that upon her desire , and Ambassadours complaint , the Queen had caused to apprehend Mr. Ruxbie , and had ordered him to be delivered to her Majesty whenever she should please to send for him . And as concerning Oneel , she had no dealing with him , nor knew that there had been any Servant of his sent to my Lord Arguile , until Mr. Killegrew's coming , that she caused to enquire at the said Earl , who acknowledged that Oneel had sent one unto him about private purposes betwixt themselves , but that she did neither see nor speak with that Man , nor had any dealing with any Man in Ireland . Her Majesty seemed to be well satisfied with the matters of Ireland , and concerning Mr. Ruxbie , but she forgot to send for him . Before I took my farewell in order to my return , I entred with her Majesty concerning the Title . For my Lord of Leicester was become my Queens avowed friend , and had been twice in hand with the Queen of England a little before my coming , desiring her to declare my Mistress next Heir : Alledging it would be her greatest security , and cried out in anger that Cicil would undo all . Likewise the Duke of Norfolk , the Earl of Pembroke , and several others , shewed themselves openly her friends , after they understood the birth of the Prince . So that her Majesty's matters in England were hopeful ; and therefore I was advised to say unto her Majesty , That I was assured she had formerly delayed the declaring the Queen second person , only till she might see such Succession of her body as now God had graciously granted : intreating her Majesty to embrace that fair offered opportunity of satisfying the minds of many , as well in England as in Scotland , who desired to see that matter out of doubt . And the rather because that the Queen my Mistress , would never seek any Place or Right in England , but by her Majesties favour and furtherance . She answered , That the birth of the Prince , was a great Spur to cause the most skilful Lawyers in England , to use greater diligence in trying out that matter , which she esteemed to belong most justly to her good Sister , and that she wished from her heart that it should be that way decided . I replied , That at my last being with her , I found her Majesty upon the same tearms , but that as I had brought her good news from the Queen , I was very desirous to be so happy as to carry home with me unto her Majesty the good tydings of that so long delayed Declaration . She answered , she was resolved to satisfie the Queen in that matter , by those Noblemen she was resolved to send unto Scotland , for the Baptism of the Prince . All this I perceived to be but shifts , and so took my leave , because my Brother was to remain there . The next day her Majesty sent unto me her Letter , with the Present of a fair Chain . My Brother gave me the advice of her Majesties friends , together with his own instructions how to proceed after my coming home as followeth . First , That he is in such suspicion for his handling there , by the advertisements of Mr. Ruxbie , and practises of her Enemies , that her Majesty must signifie to Mr. Killegrew that she is minded shortly to call him home , else he fears he shall be commanded to return . Secondly , That her Majesty require the Earl of Leicester and Secretary Cicil to be sent to be her Gossips , as fittest instruments to perfect all Articles and good Offices of Amity betwixt them . Item , That Mr. Killegrew be well treated and rewarded , that he may make good report to hold off discord , that intelligence may continue ; and desire him to declare unto the Earl of Leicester , and Secretary Cicil , that it cannot stand with good friendship , to be so long fed with fair words without effect . Item , That her Majesty cast not off the Earl of Northumberland , albeit as a fearful and facile man he delivered her Letter to the Queen of England ; neither appear to find fault with Sir Henry Pearcie as yet , for his dealing with Mr. Ruxbie , which he doeth to gain favour at Court , being upon a contrary faction to his Brother the Earl. Item , That Mr. Ruxbie be well kept , and sent far North to some secure part that he give no hasty intelligence , for he hath already written unto Secretary Cicil by Sir Henry Pearcy his convoyance , that he can discover all your practises and secrets . Let my Lord Arguile entertain Oneel as of himself , the Queen not appearing to know thereof . The Secretary Cicil devised strange practises against the meeting , which because my Lord of Leicester discovered unto the Queen his Mistress , Cicil stirred up the Earl of Sussex to forge a quarrel against him , but the Queen took the Earl of Leicester's part , and finally agreed them , and also Leicester and Ormond . Item , That her Majesty should write two Letters with Mr. Killegrew to my Brother , the one that he might shew unto the Queen of England , the other that he might shew unto the Secretary Cicil. Item , To advertise my Brother what he should do more for my Lady Lennox , whose liberty might do much good . Now to conclude , seeing the great mark which her Majesty shoots at , let her Majesty be more careful and circumspect , that her desires being so near to be obtained , be not all over-thrown for lack of secrecy , good management , and Princely behaviour , having so many factious Enemies lying in wait to make their advantage of the least appearance that can be made . Shortly after my coming home Mr. Killegrew the English Ambassadour obtained his dispatch , with a friendly answer to his contentment , and a fair Chain ; and with him her Majesty sent these two Letters following to my Brother by his own advice that he might take occasion to let the Queen of England see the one , and Mr. Cicil the other , partly to serve to put some doubts out of their minds ingendered by Mr. Ruxbie's advertisements , for , as I have said , the Bishop of Ross made the said Ruxbie's address to the Queen , for neither he nor the Earl Bothwel desired her Majesties affairs to prosper under my Brother's management , because he was not of their Faction , so that by their means Ruxbie got that intelligence as put all her Majesties affairs once in a venture , until my Brother 's extraordinary intelligence from such as were most intimate with the Queen of England , made him cause to apprehend the said Ruxbie with his whole Letters and Memoires ; as said is , so are many good Princes handled , and commonly their truest Servants decourted by the envy and craft of their factious Enemies , for wicked men who have lost their credit by trumpery and tricks , whereby they get no place to do good service to Princes , essay to creep unto their favour by wiles , flattery , and other unlawful means , wherby they may decourt such as surmount them in vertue , and honest reputation , her Majesties Letter to my Brother was as followeth . TRusty and well-beloved , We Greet you well : Whereas your Brother James hath told Us of the friendly and faithful advice given unto you and him , by Mr. Secretary Cicil , toward the continuation of the amity betwixt the Queen Our good Sister and Us , tending also to Our own particular advantage ; We thought meet to send these few lines to you , that you may thank him heartily in Our Name , and declare unto him Our meaning and intention , as you find opportunity touching the three Points that he did mention at that time . The first , as we understand , touching our towardliness to them of the Religion . The second touching strict justice to be observed upon the Borders . The third , that we will endeavour by no other means to come to the Succession of the Crown of England , but by the favour and forth-setting of our good Sister . As to the first , you shall answer in Our Name , That since Our return out of France We have neither constrained nor persecuted any for cause of Religion , nor yet minds to do ; their credit with Us being so manifest , that they are intrusted with the principal Offices , and bear the chiefest charges in the Kingdom , and principally imployed in our most urgent Affairs before all others : Sir Nicholas Throgmorton can testifie what he hath seen and heard at his being here thereanent , howbeit that contrary Brutes are blown abroad by the malice and practises of our Enemies . To the second , concerning the borders , it is most certain that the principal Officers on both the sides are special instruments of all the disorders , taking occasion upon Our late troubles , when as they perceived that we might not so well take order with them , as We were willing ; as now when it hath pleased God to grant unto Us more quietness . Desiring him also to procure at the Queen his Sovereign's hands that the like diligence be taken for her part as shall be seen used by Us ; and then we doubt not but that both he , she , and all other who complain shall be satisfied . As to the third and last head , you shall shew unto him the tenor of Our other Letter , for satisfaction to the Queen and Our other Friends in these parts . So with my friendly commendations to him and his wife , I commit you to the protection of the Almighty . From the Castle of Edinburgh this Year 1566. TRusty and Well beloved , We Greet you well . We have received great comfort and contentment by the Declaration your Brother hath made to Us , of the Queen Our good Sister 's continual affection and constant love towards Us ; which she hath now shewn unto you , and your Brother at his coming ; as also by her Letters unto Our Self : Likewise for the grant she hath made to be Our Gossip , and promises to send so honourable a Company of Lords and Ladies , for solemnizing the same in her Name ; for which in Our behalf you shall give her Majesty most hearty thanks , and shew unto her that We desire nothing to be done therein , but as may conduce best for her advantage , and least to her expence ; praying her always that the principal Man , whom it will please her to send , be such a one as We have by long experience known to have been most familiar with her , to whom We may the more freely open Our mind , and signifie divers things which We intended to have spoken by mouth unto her self if God had granted Our desired meeting . As concerning Oneel , Ruxbie and all other matters , We hope that Mr. Killegrew will satisfie her sufficiently , and also how that We desire to have no advancement in that Country , but by her only means and help , hoping and intending so to direct our course and behaviour toward her , as she shall have cause more and more to procure earnestly and carefully her self , all things that may further Our Weal and Advancement , in this Country , that Kingdom , or any other . In the which hope We will do our best to follow such measures as may please her , and to avoid all things that may offend her ; and We give our most strict command unto you to do the like , so long as you remain there ; And wherever you be about Our service even as I gave you Commandment of before , nevertheless in the mean time , entertain most kindly and discreetly all those in that Country who profess to bear good will unto Us , and to our Title , yet in such sort as neither you nor they offend the Queen Our good Sister : And if there chance to come to you any hasty or seditious persons , admonish them gently to cease , and if they forbear not , shew unto them , that We have promised to the Queen to declare the Names and Practises of such unto her ; and that we will not fail to do it indeed if they cease not : So shall it be known , that such as are about to sow discord between the Queen our good Sister and Us , doth it rather upon particular respects and for their own advantage , then for any design to advance her Affairs or Ours . These kind of Writings were for that time devised to overthrow and cast down some intelligences , which were discovered by Ruxbie , and some reports raised by Enemies , that my Brother by his practises and perswasions had kindled a great fire , and had raised a great faction in England ; he did not deny but he had dealt with many to win what favour he could to his Mistress , but that he had done nothing that could offend the Queen of England , and that he had no Commandment to enterprise any thing which could be displeasing to her ; by this means Ruxbie's intelligence was suppressed , and my Brother suffered to stay still in England , whereby the Queens friends so increased , that many whole Shires were ready to Rebell , and their Captains already named by the Election of the Nobility . About this time her Majesty was advertised by my Brothers Letters , that the Earl of Bedford was upon his journey toward Scotland with an honourable Company : As also the Ambassadour of France and Savoy for the Baptism of the Prince , which moved her Majesty to pass to Sterling with the Prince , for the solemnizing thereof , but she was still sad , and pensive for the late foul act committed in her presence so irreverently , she being their born Queen , and thereby in hazard of losing the fruit of her Womb , so many great sighs she would give that it was pity to hear her , and few there were to endeavour to comfort her . Sometime she would declare part of her grief to me , which I essayed the best I could to asswage , by telling her that I thought the greater multitude of friends that she had got in England , should cause her to forget in Scotland the lesser number of Enemies and unruly offenders , unworthy of her wrath , and that her excellent qualities in Clemency , Temperance , and Fortitude should not suffer her mind to be possest or supprest with the remembrance of offences , but that rather she should bend up her spirit by a Princely and Womanly behaviour , whereby she might best gain the hearts of the whole people , both here and in England , humbly requesting her Majesty first to consult with her God , next with her honour , and thirdly with her interest in the establishing of her state , and in joining the two Kingdoms in a happy Monarchy , which she knew to be so near effectuate in her person , seeing also the banished estate of the offenders so miserable , they not having a hole to hide their head in , nor a peny wherewith to buy their Dinner ; that the most noble natures would think them sufficiently punished ; that it was a comely thing for a woman to be pitiful , and to want vengeance . I leave it , said I Madam , to your own judgment , whether presently it be more for your honour , and advancement of your interest , to cease from any desire or persuit of any further revenge , whereupon may ensue more desperate enterprises , or to give place unto necessity and reason to rule over the beastly passions of the mind . For as Princes are called divine persons , so no Prince can pretend to this Title but he who draws near the nature of God by godliness and good Government , being slow to vengeance and ready to forgive . It is manifestly known that wise Princes entertain no longer feud at their Enemies , then they see it may be needful for the weal of their Affairs and State ; and they change their favour and hatred according to time and occasions . Your Majesty may remember that many things might have been better managed , I speak this with love and reverence . Your Majesty might have been as well obeyed as ever was any King in Scotland , if you had taken such Princely care as was requisite . You know how that by your Majesties own express Commandment , I did shew you long before what inconveniencies were like to fall out upon the grudges I perceived before the slaughter of Rixio , and God is my witness I did what lay in my power to have them eschewed , and prevented . And since that time your Majesty hath repented that my advice was not followed : I pray God that the like repentance fall not out again too late . At my being in England , your adversaries were beginning to vaunt upon vain reports , that our Westerly winds had blown East among them ; so that my Brother and I had enough to do to beat it out of the heads of divers , who were devotedly addicted to the advancement of your Title . This communing began at the entry of her Supper in her Ear in French , when she was casting up great sighs , refusing to eat upon any perswasion that my Lord of Murray and Mar could make to her . The Supper being ended her Majesty took me by the hand , and went down through the Park of Sterling , and came up through the Town , ever reasoning with me upon their purposes . And albeit she took hardly with them at the first , she began to alter her mind , thinking fit that my Lord of Bedford should intercede for her Rebels ; they to be banished out of England and Scotland during her pleasure , and so to be by time reconciled to them according to their future deportments , and for her part she purposed to proceed with such a gracious Government , as should win the victory over her self , and all her Competitours , and Enemies in time-coming : which she could have done as well as any Prince in Europe . But , alas , she had bad Company about her , for the Earl of Bothwel who had a mark of his own that he shot at , as soon as he understood of her wife and merciful deliberations , he took occasion to bring in the Earl of Mortoun and his associates , thereby to make them his friends , and by them to fortifie his faction . For apparently he had already in his head the resolution of performing the foul murther of the King , which he afterwards put in execution , that he might marry the Queen . Both which he brought to pass to his own utter wrack and confusion , and thereby great trouble and mischief upon the Country ; and was also at last the Queens wrack , and the hinderance of all our hopes in the hasty obtaining of all her desires concerning the Crown of England . The Queens Majesty being advertised that the Earl of Bedford was come to Berwick on his Journey to the Baptism , sent me well accompanied with diligence to meet him at Coldingham to be his first Convoy , and to inform him rightly of all her proceedings , and to overthrow all evil brutes invented by the malice of her adversaries . For , as I have said , it was a perverse time , and the more that the number of her friends increased in England , the more practises her Enemies made , and the more lyes were invented against her . But the good Earl gave me more credit , then he did to any wrong report that was made . For he was at this time become one of the surest and most affectionate friends she had in England . There came with him Mr. Cary eldest Son to my Lord of Husdean , Mr. Hattoun greatest in favour with the Queen of England for the time , and one called Mr. Lignish greatest in favour with the Duke of Norfolk , and a good number of Knights and Gentlemen of York-shire , with the most part of the Captains of Berwick . Her Majesty was sufficiently informed by my Brother's writing to her and me , what kind of language and entertainment was most proper for the Earl , and each of them . When all the rest of the Ambassadours were come , they repined to see the English-men more friendly and familiarly used then themselves . For then we had more to do with England then with France . And the French Earl who was sent , was no Courtier , but a simple Man. And Monsieur de Morat the Duke of Savoy his Ambassadour being far of , came after the Baptism . During their abode at Sterling , there was daily Banqueting , Dancing , and Triumph . And at the principal Banquet there fell out a great grudge among the English-men : for a Frenchman called Bastien devised a number of Men formed like Satyrs with long Tails , and whips in their hands , running before the meat , which was brought through the great Hall upon a Machine or Engine marching as appeared alone , with Musicians clothed like Maids , singing and playing upon all sorts of Instruments . But the Satyrs were not content only to make way or room , but put their hands behind them to their Tails , which they wagged with their hands in such sort as the English-men supposed it had been devised and done in derision of them , weakly apprehending that which they should not have appeared to understand : for Mr. Hattoun , Mr. Lignish , and the most part of the Gentlemen desired to Supp before the Queen and great Banquet , that they might see the better the Order and Ceremonies of the Triumph . But so soon as they perceived the Satyrs wagging their Tails , they all sate down upon the bare floor behind the back of the Table , that they might not see themselves derided as they thought . Mr. Hatton said unto me if it were not in the Queens presence he would put a Dagger to the heart of that French knave Bastien , who he alledged had done it out of despight that the Queen made more of them then of the Frenchmen . I excused the matter the best I could , but the noise was so great behind the Queen's back , where her Majesty and my Lord of Bedford did sit , that they heard and turned about their faces to enquire what the matter meant . I informed them that it was occasioned by the Satyrs , so that the Queen and my Lord of Bedford had both enough to do to get them appeased . It fell out unhappily at such a time , and the English Gentlemen committed a great over sight to notice it as done against them . But my Lord of Bedford was discreet and interpreted all things to the best . My Lord of Bedford was rewarded with a rich Chain of Diamonds , worth two thousand Crowns ; Mr. Cary with a Chain of Pearl , and a Ring with a fair Diamond ; Mr. Hattoun had a Chain with her Majesties Picture , and a Ring ; Mr. Lignish and five other of Quality had each of them Chains . I was commanded with many others to attend them towards the Road. They parted all very well content and satisfied with the Queens Majesty , but lamented that they perceived the King so much slighted . My Lord of Bedford desired me to request her Majesty to entertain him as she had done at the beginning , for her own honour and the advancement of her affairs , which I forgot not to do at all occasions . After the Baptism and parting of the Ambassadours , her Majesty desirous to put good order upon the Borders , sent the Earl of Bothwel before , who in the pursuit of Thieves was hurt . Her Majesty past afterward to Jedbrugh her self , where the Earls of Bothwel and Huntly enterprised the slaughter of the Earl of Murray , but the Lord Hume came there with forces and prevented that enterprise . Her Majesty returned by the Merse , and desired to see Berwick afar off , where she was honoured with many shots of Artillery , and Sir John Foster Warden upon the English Border came and conferred with her Majesty for keeping of good order . And the mean time while he was speaking with her Majesty on Horse-back , his Courser did rise up with his formost Legs , to take the Queens Horse by the Neck with his Teeth , but his Feet hurt her Majesties Thigh very ill . Incontinent the Warden lighted off his Horse and sate down upon his knees craving her Majesties pardon . For then all England did much reverence her ; her Majesty made him to rise , and said that she was not hurt , yet it compelled her Majesty to tarry two days at the Castle of Hoome untill she recovered again . The King followed her about whithersoever she rode , but got no good countenance . So that finding himself flighted , he went to Glascow , where he fell sick , it being alledged that he had got poison from some of his Servants . In the mean time the Earl of Bothwel ruled all at Court , having brought home the banished Lords , and packed up a quiet friendship with the Earl of Mortoun . After her Majesties return to Edinbrugh , she reconciled the Earls of Huntly , Bothwel , Arguile and others . From that her Majesty went to Sterling , to see the Prince , and returned again to Edinbrugh whither the King was afterward brought , and lodged in the Kirk-field , as a place of good Air , where he might best recover his health . But many suspected that the Earl of Bothwel had some enterprise against him , few durst advertise him because he told all again to some of his own Servants , who were not all honest . Yet Lord Robert Earl of Orkny told him that if he retired not hastily out of that place , it would cost him his life , which he told again to the Queen ; and my Lord Robert denied that ever he spoke it . This advertisement moved the Earl of Bothwel to haste forward his enterprize : he had before laid a train of Powder under the House where the King did lodge , and in the night did blow up the said House with the Powder ; but it was spoken that the King was taken forth , and brought down to a Stable , where a Napkin was stopped in his mouth , and he therewith suffocated . Every body suspected the Earl of Bothwel , and those who durst speak freely to others , said plainly that it was he . Whereupon he drew together a number of Lords of his dependers to be an Assize , which cleansed and acquitted him ; some for fear , some for favour , and the greatest part in expectation of advantage . This way being assailed , he remained still the greatest favourite at Court. My Lord of Murray was retired from the Court several days before . Her Majesty kept her Chamber for a while . I came to the door the next morning after the murther , and the Earl of Bothwel said that her Majesty was sorrowful and quiet , which occasioned him to come forth . He said the strangest accident had fallen out which ever was heard of , for Thunder had come out of the sky , and had burnt the King's House , and himself was found dead lying a little distance from the House under a Tree . He desired me to go up and see him , how that there was not a hurt nor a mark on all his Body . But when I went up to see him he had been taken into a Chamber , and kept by one Alexander Durham , but I could not get a sight of him . The bruit began to rise that the Queen would marry the Earl of Bothwel , who had six months before married the Earl of Huntly's Sister , and that for this design he was resolved to part with his own Lady . Whereat every good Subject who loved the Queens honour , and the Prince's safety , had sore hearts , thinking thereby her Majesty would be dishonoured , and the Prince in danger to be cut off by him who had slain his Father . But few or none durst speak in the contrary ; yet my Lord Herreis a worthy Nobleman came to Edinbrugh well accompanied , and told her Majesty what reports were going through the Country , of the Earl of Bothwel's murthering the King , and how that she was to marry him , requesting her Majesty most humbly upon his knees to remember her honour and dignity , and the safety of the Prince , which all would be in danger if she married the said Earl , with many other great perswasions to shew the utter wrack and inconveniencies would be thereby occasioned . Her Majesty appeared to wonder how these reports could go abroad , seeing , as she said , there was no such thing in her mind . He beg'd her Majesties pardon , and prayed her to take his honest meaning in a good part . And immediately took his farewell , fearing the Earl of Bothwel should get notice thereof . He had fifty Horse with him for the time , and caused each of them to buy a new Spear at Edinbrugh and so rode home . I was resolved to have said as much to her Majesty , but in the mean time there came a Letter to me from one Thomas Bishop a Scottishman , who had been long in England , and was a great perswader of many in England to favour her Majesties Title . He used oft to write unto my Brother and me , informations and advertisements . At this time in his Letter to me , he used even the like Language that my Lord Herreis had spoken , but more freely because he was absent in another Country . He adjured me to shew the said Letter unto her Majesty , declaring how it was bruited in England that her Majesty was to marry the Earl of Bothwel , who was the murtherer of her Husband , who at present had a Wife of his own , a Man full of all Vice , which reports he could not believe , by reason that he judged her Majesty to be of far greater knowledge , then to commit such a gross oversight , so prejudicial every way to her interest , and the noble mark he knew she shot at : Seeing if the married him , she would lose the favour of God , her own reputation , and the hearts of all England , Ireland and Scotland , with many other disswasions and examples of History , which would be tedious to rehearse . I had been some days absent , but upon receipt hereof I went to Court to shew this Letter to her Majesty , protesting that she would take it in good part . After that her Majesty had read the said Letter , she gave it me again without any more speech , but called upon the Secretary Lidingtoun , and told him that I had shewed her a strange Letter , desiring him also to read it . He asked what it could be . She answered , a device of his own tending to the wrack of the Earl of Bothwel . He took me by the hand and drew me aside to see the said Letter , which when he had read he asked , what had been in my mind , for , says he so soon as the Earl Bothwel gets notice hereof , as I fear he will very shortly , he will cause you to be killed . I said it was a sore matter to see that good Princess run to utter wrack , and no body to be so far concerned in her as to forwarn her of her danger . He said I had done more honestly then wisely ; and therefore I pray you , says he , retire diligently before the Earl of Bothwel comes up from his Dinner . Her Majesty told him at her first meeting , having first ingaged him to promise to do me no harm . Notwithstanding whereof , I was inquired after , but was slown and could not be found till his fury was slaked : For I was advertised there was nothing but slaughter in case I had been gotten . Whereat her Majesty was much dissatisfied , telling him that he would cause her be left of all her Servants , whereupon he renewed his ingagements that I should receive no harm , whereof I being advertised I went again unto her Majesty , shewing her that she had never so much injured me as by thinking that I had invented the said Letter , assuring her that it came from the said Thomas Bishop , and that albeit it had not come from him , I thought it my duty to have freely told her Majesty my opinion in all reverence and humility , which was contained in the said Letter , but I found she had no mind to enter upon this subject . Shortly after her Majesty went to Sterling , and in her back-coming betwixt Lithgow and Edinbrugh , the Earl of Bothwel rancountered her with a great Company , and took her Majesties Horse by the Bridle , his men took the Earl of Huntly , the Secretary Lidingtoun and me , and carried us Captives to Dumbar : All the rest were permitted to go free . There the Earl of Bothwel boasted he would marry the Queen , who would or who would not ; yea whether she would her self or not . Captain Blachater who had taken me , alledged that it was with the Queens own consent . The next day in Dumbar I obtained permission to go home . Afterward the Court came to Edinbrugh , and there a number of Noblemen were drawn together in a Chamber within the Palace , where they all subscribed a paper , declaring that they judged it was much the Queens interest to marry Bothwel , he having many friends in Louthian and upon the Borders , which would cause good order to be kept . And then the Queen could not but marry him , seeing he had ravished her and lain with her against her will. I cannot tell how , nor by what Law he parted with his own Wife , Sister to the Earl of Huntly . A little before this the Earl of Murray had desired liberty to go to France ; the Secretary Lidingtoun had been long in suspicion absent from Court , and was brought in again by my Brother Sir Robert's perswasion , for the great credit and handling he had with many Noblemen in England , favourers of her Majesties Title , albeit that he had as great credit himself , yet he would not follow the custom of ambitious Courtiers , who would ingross all to themselves , unwilling to suffer a Companion . He knew also that he was suspected , because the Earl Bothwel was not his friend . Thus Lidingtoun was again brought in ; but not long after the Earl of Bothwel thought to have slain him in the Queens Chamber , had not her Majesty come betwixt and saved him , but he fled the next day and tarried with the Earl of Athol . As for me I was not oft at Court but now and then , yet I chanced to be there at the marriage . When I came that time to the Court , I found my Lord Duke of Orkny sitting at his Supper , who welcomed me , saying , I had been a great stranger , desiring me to sit down and Sup with him : the Earl of Huntly , the Justice , Clerk and divers others being sitting at Table , with him . I said I had already Supped , then he called for a Cup of Wine and drank to me , saying , you had need grow fatter , for , says he , the zeal of the Common-wealth hath eaten you up , and made you lean . I answered , That every little member should serve for some use , but that the care of the Common-wealth appertained most to him , and the rest of the Nobility , who should be as Fathers of the same . I knew well , says he , he would find a pin for every bore . Then he fell in discoursing with the Gentlewomen , speaking such filthy language , that they and I left him , and went up to the Queen who expressed much satisfaction at my coming . The marriage was made at the Palace in Halyrood-house , after Sermon by Adam Bothwel Bishop of Orkny , in the great Hall where the Council useth to sit , according to the order of the Reformed Religion , and not in the Chappel at the Mass as was the King's marriage . After the marriage he who was Earl of Bothwel now Duke of Orkny , was very earnest to get the Prince in his hands , but my Lord of Mar , who was a true Nobleman , would not deliver him out of his custody , alledging that he could not without consent of the three States : Yet he was so frequently crost by such as had the Authority in their hands , that he was thereby put to a great strait . And after that he had made divers refusals , among others he made his moan to me , praying me to help to save the Prince out of his hands who had slain his Father , and had already made his vaunt among his familiars , that if he could get him once in his hands , he should warrant him from revenging his Father's death . I assured his Lordship he should want no assistance I was capable to give : He desired to know if I could propose any outgate : I answered , That I was intimately acquainted with Sir James Balfour , and that I knew how matters stood betwixt Bothwel and him , namely , there were some jealousies arisen betwixt them , which I thought if rightly managed , might be improved for the Prince's safety . I also told him that the Earl intended to have the Castle out of his hands , for the Earl and he had been great Companions ; and he was also very great with the Queen , so that the custody of the Castle of Edinbrugh was committed to him : But afterward he would not consent to be present , nor take part with the murtherers of the King , whereby he came in suspicion with the Earl of Bothwel , who would no more credit him , so that he would have had the Castle out of his hands , to have committed the charge thereof to the Laird of Beenstoun . I told his Lordship he might make this one of his excuses , That he could not deliver the Prince till he should see a secure place to keep him in . And upon the other hand , when I returned to Edinbrugh , I dealt with Sir James Balfour not to part with the Castle , whereby he might be an instrument to save the Prince and the Queen , who was so disdainfully handled , and with such reproachful language , that in presence of Arthur Aroskine , I heard her ask for a knife to stab her self , or else , said she , I shall drown my self . Now , says I , to Sir James Balfour , there is no security for you to be out of suspicion , but to keep the Castle in your own hands , and so to be the good instrument both of saving Queen and Prince , and in assisting the Nobility who are about to Crown the Prince , and to pursue the Earl of Bothwel for the King's murther ; I told him that unless he took part with them , he would be holden as guilty of the said murther , by reason of his long familiarity with the Earl of Bothwel : That it was a happy thing for him that the said Earl was in suspicion of him , assuring him that I had intelligence by one who was of the Earl of Bothwel's Councel , to wit , the Laird of Whitlaw , Captain of the Castle of Dumbar , that the Earl of Bothwel was determined to take the Castle of Edinbrugh from him , and make the Laird of Beenstoun one Hepburn Captain thereof , and then to put the Prince there in his keeping . Sir James Balfour gave ear to my proposition , and consented to help to pursue the murtherers , upon condition that the Laird of Grange would ingage upon his honour to be his Protector , in case afterward the Nobility should alter upon him , for he and most of them had formerly run contrary courses , so that he durst not credit them . The Earl of Mar being hereof from me advertised , by his Brother Alexander Areskine , who was true and careful of the Prince's safety , coming secretly to me at midnight , for the days were dangerous for all honest Men. Now my Lord of Mar being continually required , and threat'ned to deliver the Prince out of his hands , at length granted ( only to drive off time ) upon condition , that an honest responsible Nobleman should be made Captain of the Castle of Edinbrugh , the only secure place of keeping the Prince in . This answer was thought fit to asswage the present fury , until the Nobility might convene to pursue the murtherers , and to Crown the Prince , as they had already concluded at a secret meeting among themselves , which was not kept so private but that one of the said Lords gave advertisement thereof to the Earl of Bothwel , how that they were minded to inviron the Palace of Halirood-house , and therein to apprehend him : Whereupon he forgot inquiring after the Prince , being only now concerned how to save himself : therefore he fled out of Edinbrugh to the Castle of Borthwick , from that to the Castle of Dumbar , taking always the Queen with him wherever he went. All Scotland cryed out upon the foul murther of the King , but few of them were careful how to revenge it , till they were driven thereto by the crying out of all other Nations , against all Scotishmen wherever they travelled , either by Sea or Land. Among other Princes , the King of France sent hither to his Ambassadour Monsieur de Crook , a grave , aged , discreet Gentleman , advanced by the House of Guise , a Letter , therein expressing his wonder that such a foul murther being committed upon the person of a King , so few honest Subjects were found to find fault with the same , for less to seek after any tryal , or see the same punished . Whereupon the Lords who had the enterprise in hand , were hasted forward to take Arms , and in the mean time they obliged themselves by a writing under their hands , which they delivered to the said Monsieur de Crook to send to the King his Master , that they should do their outmost diligence to try out the Authors of that foul murther of their King ; and in the mean time convened to the number of 3000 men , and came to Edinbrugh , and there set out a Proclamation of their just quarrel . Also sundry Libels were set out both in Rhime and Prose , to move the hearts of the whole Subjects to assist and take part in so good a Cause . The Earl of Bothwel having the Queen in his Company , convened a greater number out of the Merse and Lauthian , and out of all parts where he had interest or friendship . Her Majesties Proclamation was not well obeyed , and so many as came , had no hearts to fight in that quarrel . Yet the Earl of Bothwel marched forward out of Dumbar toward Edinbrugh , taking the Queen with him . The Lords again with their Company went out of Edinbrugh on foot , with an earnest desire to fight . Both Armies lay not far from Carberry ; the Earl Bothwel's men Camped upon the Hill , in a strength very advantageous , the Lords incamped at the foot of the Hill. And albeit her Majesty was there , I cannot call it her Army : for many of those who were with her , were of opinion that she had intelligence with the Lords , especially such as were informed of the many indignities put upon her by the Earl of Bothwel since their marriage . He was so beastly and suspicious , that he suffered her not to pass one day in patience , without making her shed abundance of Tears . Thus part of his own Company detested him , other part of them believed that her Majesty would fain have been quit of him , but thought shame to be the doer thereof directly her self . In the mean time the Laird of Grange did ride about the Hill with two hundred Horse-men , who came there with Drumlanrig , Cesfoord , and Couldinknows , thinking to be betwixt the Earl of Bothwel and Dumbar , and was minded to make an onset that way , which was plain , and that in the mean time that the Lords should come up the Hill to the part where their adversaries were Camped . When the Queen understood that the Laird of Grange was chief of that Company of Horse-men , she sent the Laird of Ormistoun to desire him to come and speak with her under surety , which he did after he had acquainted the Lords with her desire , and had obtained their permission . As he was speaking with her Majesty , the Earl of Bothwel had appointed a Soldier to shoot him , until the Queen gave a cry , and said that he would not do her that shame , seeing she had promised that he should come and return safely . He was declaring unto the Queen , that all of them were ready to honour and serve her , upon condition that she would abandon the Earl of Bothwel , who had murthered her Husband , and could not be a Husband unto her , who had but lately married the Earl of Huntly's Sister . The Earl of Bothwel hearkened , and heard part of this language , and offered the Combat to any who would maintain that he had murthered the King. The Laird of Grange promised to send him an answer shortly thereunto . So he took his leave of the Queen , and went down the Hill to the Lords , who were content that the Laird of Grange should fight with him in that quarrel . For he first offered himself , and acquainted Bothwel that he would fight with him upon that quarrel . The Earl of Bothwel answered , That he was neither Earl , nor Lord , but a Baron , and so was not his equal . The like answer made he to Tullibardine . Then my Lord Lindsay offered to fight him , which he could not well refuse , but his heart failed him , and he grew cold in the business . Then the Queen sent again for the Laird of Grange and said to him , that if the Lords would do as he had spoken to her , she should put away the Earl of Bothwel , and come unto them . Whereupon he asked the Lords , if he might in their name make her Majesty that promise , which they Commissioned him to do . Then he rode up again , and saw the Earl of Bothwel part , and came down again and assured the Lords thereof . They desired him to go up the Hill again , and receive the Queen , who met him , and said Laird of Grange I render my self unto you , upon the conditions you rehearsed unto me in the name of the Lords . Whereupon she gave him her hand , which he kissed , leading her Majesties Horse by the bridle down the Hill unto the Lords , who came forward and met her . The Noblemen used all dutiful reverence , but some of the Rascals cryed out against her despightfully , till the Laird of Grange and others who knew their duty better , drew their Swords and struck at such as did speak irreverent language , which the Nobility well allowed of . Her Majesty was that night convoyed to Edinbrugh , and lodged in the midst of the Town in the Provosts Lodging . As she came through the Town , the common people cryed out against her Majesty at the Windows and Stairs , which was a pity to hear . Her Majesty again cryed out to all Gentlemen and Others , who passed up and down the streets , declaring how that she was their native Princess , and that she doubted not but all honest Subjects would respect her as they ought to do , and not suffer her to be abused . Others again evidenced their malice , in setting up a Banner or Ensign , whereupon the King was painted , lying dead under a Tree , and the young Prince upon his knees praying , Judge and Revenge my Cause , O Lord. That same night it was alledged that her Majesty did write a Letter unto the Earl of Bothwel , and promised a reward to one of her keepers to convoy it securely to Dumbar unto the said Earl , calling him her dear heart whom she should never forget nor abandon , though she was necessitated to be absent from him for a time , saying , that she had sent him away only for his safety , willing him to be comforted , and be upon his guard . Which Letter the Knave delivered to the Lords , though he had promised the contrary : Upon which Letter the Lords took occasion to send her to Lockleven to be kept , which she alledged was contrary to promise . They on the other hand affirmed , that by her own hand writing she had declared that she had not , nor would not abandon the Earl of Bothwel . Grange again excused her , alledging she had in effect abandoned the said Earl , that it was no wonder that she gave him yet a few fair words , not doubting but if she were discreetly handled , and humbly admonished what inconveniencies that Man had brought upon her , she would by degrees be brought , not only to leave him , but e're long to detest him : And therefore he advised to deal gently with her . But they said , that it stood them upon their Lives and Lands , and that therefore in the mean time they behoved to secure her , and when that time came that she should be known to abandon and detest the Earl Bothwel , it would be then time to reason upon the matter . Grange was yet so angry , that had it not been for the Letter , he had instantly left them : and for the next best he used all possible diligence to make her and them both quit of the said Earl , causing to make ready two Ships to follow after him , who had fled to the Castle of Dumbar , and from thence to Sheatland . In the mean time her Majesty sent a Letter to the Laird of Grange lamenting her hard usage , and shewing him that promises had been broken to her . Whereunto he answered , that he had already reproached the Lords for the same , who shewed unto him a Letter sent by her unto the Earl of Bothwel , promising among many other fair and comfortable words , never to abandon or forget him , which had stopped his mouth , marvelling that her Majesty considered not , that the said Earl could never be her Lawful Husband , being so lately before married with another , whom he had deserted without any just ground , although he had not been so hated for the murther of the King her Husband . And therefore he requested her Majesty to put him clean out of mind , seeing otherwise she could never get the love or respect of her Subjects , nor have that obedience payed her , which otherwise she might expect . It contained many other loving and humble admonitions , which made her bitterly to weep . For she could not do that so hastily which process of time might have accomplished . Now the Laird of Grange his two Ships being in readiness , he made sail toward Orkney , and no man was so frank to accompany him as the Laird of Tullibardin , and Adam Bothwel Bishop of Orkny , but the Earl was fled from Orkny to Sheatland , whither also they followed him , and came in sight of Bothwel's Ship , which moved the Laird of Grange to cause the Skipper to hoise up all the Sails , which they were loath to do , because they knew the shallow water thereabout , but Grange fearing to miss him , compelled the Marriners , so that for too great haste the Ship wherein Grange was did break upon a Bed of Sand , without loss of a man , but Bothwel had leasure in the mean time to save himself in a little Boat , leaving his Ship behind him , which Grange took , and therein the Laird of Fallow , Iohn Hepburn of Bautoun , Dalgleesh , and divers others of the Earl's Servants . Himself fled to Denmark , where he was taken , and kept in wrait Prison , wherein he became mad and dyed miserably . But Grange came back again with Bothwel's Ship and Servants , who were the first who gave information of the manner of the murther , which the Lords thought fit to let the King of France understand , and of their diligence according to the promise made by them . My Lord of Murray had obtained liberty to pass unto France , shortly after the murther of the King , for he did foresee the great trouble like to ensue . The rest of the Lords enterprisers after they had secured the Queen in Lochleven , began to consult how to get her Majesty counselled to demit the Government to the Prince her Son , and for that effect they dealt first with my Brother Sir Robert , because he was sometimes allowed access to her Majesty . And after that he had refused flatly to meddle in that matter , they were minded to send the Lord Lindsay , first to use fair perswasions , and in case he could not speed that way , they were resolved to enter in harder tearms . The Earls of Athol , Mar , and Secretary Lidingtoun , and the Laird of Grange who loved her Majesty , advised my Brother to tell her the verity , and how that any thing she did in Prison could not prejudge her , being once again at liberty . He answered , he would give no such advice as coming from himself , but he should tell it as the opinion of those he knew to be her true friends . But she refused utterly to follow that advice , till she heard that the Lord Lindsay was at the new House at the shore coming in , and in a very boasting humour : And then she yielded to the necessity of the time , and told my Brother that she would not strive with them , seeing it could do her no harm when she was at liberty . So at my Lord Lindsay's coming , she subscribed the signature of Renunciation , and Demission of the Government to the Prince , and certain Lords named in the said signature , to be Regents to the Prince and Country ; her Majesty desiring my Lord Murray who was absent in France to be the first Regent . This being past , the Lords concluded to Crown the Prince , and sent Letters to France to the Earl of Murray to come home . In the mean time there were a number of Lords convened at Hamiltoun , as my Lord Hamiltoun , my Lord Pasby , Iohn Hamiltoun Bishop of St. Andrews , my Lord Fleeming , Boid , and divers others , to whom the Lords who were to Crown the Prince would have sent me Commissioner . Which Commission at the first I refused , but afterwards I accepted thereof at the advice of Secretary Lidingtoun , the Laird of Grange , and other secret favourers of the Queen , who judged it very fit that the whole Country should bejoined together in quietness : fearing that in case Civil Wars entred among them , it might endanger her Majesties life : For it was judged that those who were at Hamiltoun appeared to lean to the Queen . At my coming to Hamiltoun , I told them my Commission , in the name of the other Lords , how that the King being murthered , all neighbour Nations cryed out upon the whole Kingdom , but especially the King of France , and the Queen of England sollicited them to inquire after , and punish the murtherers . How that they had found that it was the Earl of Bothwel , and some of them who had assisted him , who were punished . And what was past since thereupon , was known to the whole Country . That the Queens Majesty had demitted over the Government to the Prince her Son , whom they were minded to Crown shortly , whereof they thought fit to warn all the Nobility , as being resolved to prejudge no Nobleman of his Rights , Titles or Prerogatives , requesting them who were there Convened , to come to Sterling , and be present at the said Coronation , for retaining their own priviledges , the peace and quiet of the whole Country . Some of the younger Lords answered , and said that they would not believe , that the Queens Majesty had demitted the Government , and if she had done it , it would be found for to save her life . But the Bishop who had more experience then they , reproved them , and said that those Noblemen had dealt very reasonably and discreetly with them , so he drew the rest aside to advise , and then returned and gave me this answer . We are beholden to the Noblemen who have sent you with that friendly and discreet Commission , and following their desire we are ready to concur with them , if they give us sufficient security of that which you have said in their name , and in so doing , they give us occasion to construct the best of all their proceedings , past and to come . So that if they had acquainted us with their first enterprise of punishing the murther , we should heartily have taken part with them . And whereas now we are here convened , it is not to pursue or offend any of them , but to be upon our own guards , understanding of so great a concourse of Noblemen , Barons , Burroughs , and other Subjects . For not being made privy to their enterprise , we thought fit to draw our selves together , till we should see whereto things would turn . When I returned back to Sterling , and declared this answer , it was judged satisfactory by all wise and honest hearted men . But others said , That however they minded to do , I had painted out a fair story for them , and in their favours . So that I perceived them already divided in Factions and Opinions : For so many of our Lords as leaned to England desired not the stability of our state , others had particular prejudices and designs against the Hamiltouns , and expected to get them ruined , to gain advantage to themselves by fishing in troubled waters . So that the Hamiltouns were ill used , for they would fain have agreed with the rest , but their friendship and Society was plainly refused at this time , and they not permitted to come to the Coronation , nor yet to take instruments that they should not be prejudged in any sort , which occasioned great trouble afterward in the Country . For they perceiving themselves cast off , and their friendship and assistance refused , endeavoured for their own security and defence to draw in other Noblemen , and Barons to join with them , who had not as yet joined with the other Lords , and therefore were the more easily drawn upon that side : and these were afterward called the Queens Lords , when they were convinced of the bad usage the Hamiltouns had received . I have before related that my Lord Murray was written for , to come home , and so soon as he came to London , the Lords were thereof advertise'd , who desired me to ride and meet him at Berwick , and shew him , how that the Office of Regent was appointed for him . Which Journey I accepted with the better will , in that some friends who were best inclined , thought meet to give him good counsel in due time . My Commission from the Lords was to inform him of all their proceedings , and of the present Estate , and to desire him to do nothing without their knowledge with the Queen . For they feared that he might carry himself with that mildness toward her , as to oblige her to believe he intended some time to release her , and that he would not run so hard a course against her , as some of them would had him to do . Another part of the said Lords ( that did still bear a great love unto the Queen , and had compassion upon her estate , and who had entred upon that enterprise only for safety of the Prince , and punishment of the King's murther , as the Earl of Mar , the Earl of Athol , the Secretary Lidingtoun , the Lairds of Tullibardin , and Grange , ) sent their instructions with me to my Lord of Murray , praying him , in their name , to behave himself gently and humbly unto the Queen , and to procure so much favour for her as he could . Not that they would advise him to forget any part of honest duty to the Lords , so long as they kept touch with him ; but that in case they , or any part of them would be offended at him afterwards , for the refusal of some casuality , benefice , or the like , they would come to themselves again , seeing the Queen and him in so good tearms , lest he should set her at liberty upon accompt of their misbehaviour . And further , That her Majesty being now free of ill company , and of a clear wit , and Princely inclination , was beginning already to repent her of many things past , and time might bring about such occasions as they should all wish her at liberty to Rule over them . And that in that case , he would lose by his discreet and friendly behaviour to her . He appeared much to relish this device , but he seemed somewhat refractory of accepting the Government , refusing it plainly at first , albeit I was informed by some of his company , that he was right glad when he understood first that he was to be Regent . There came home with him a French Ambassadour of my acquaintance , who was sent to see how matters past , to comfort the Captive Queen , and to intercede for her , but he did it very slenderly : For he said to the Lords , he came not to offend any of them , alledging that the old Band and League betwixt France and Scotland , was not made with any one Prince , but betwixt the estates of the two Kingdoms , and with those who were Commanders over the Country for the time . After that my Lord of Murray had met with all his friends , he granted to accept the Government . But when he went to see the Queen in Lockleven , instead of comforting her , and following the good counsel he had gotten , he entred instantly with her Majesty in reproaches , giving her such injurious language , as was like to break her heart . We who found fault with that manner of procedure , lost his favour . The injuries were such , that they cut the thread of love and credit betwixt the Queen and him for ever . You have heard how that the Lords who were in Hamiltoun were cast off , and refused to be accepted into Society with the rest , against the opinion of the fewest in number , though the wisest men , and least factious . But the worst inclined , and manyest votes obtained their intent . Whereupon the Lords who were refused to be taken into friendship , drew themselves together in Dumbartoun , under the pretext to procure by force of Arms the Queen their Sovereign's liberty , and banded themselves together against the King's Lords , which they would not have done , if they could have been accepted in Society with the rest . Albeit their publick professing their intentions of spending their lives for the Queens liberty , put her Majesties life in greater danger , so long as she was Captive in the hands of the contrary Party , and was at length her Majesties utter wrack . For the hope that she had to get friends and favourers , caused her to use means to escape out of Lockleven too hastily , e're the time was ripe enough to recover again the hearts of the Subjects , who were yet alienated . For albeit my Lord Regent was rigorous , he was flexible , and might have been won through process of time by her wisdom , and the interest of her friends . The tenour of their Bond was as followeth . FOrasmuch as considering the Queens Majesty our Sovereign , to be detained at yresent at Lockleven in Captivity , wherefore the most part of her Majesties Lieges cannot have free access to her Highness ; and seeing it becomes us of our duty to seek her liberty and freedom , We Ears , Lords , and Barons under subscribing , promise faithfully to use the oultmost of our endeavours by all reasonable means , to procure her Majesties liberty and freedom , upon such honest conditions as may stand with her Majesties honour , the common weal of the whole Realm , and security of the whole Nobility , who at present have her Majesty in keeping . Whereby this our native Realm may be governed , ruled and guided by her Majesty and her Nobility , for the common quietness , the administration of Iustice , and weal of the Country . And in case the Noblemen who have her Majesty at present in their hands , refuse to set her at Liberty , upon such reasonable conditions as said is , in that case we shall employ our selves , our kindred , friends , servants , and partakers ; our Bodies and Lives to set her Highness at liberty , as said is ; and also to concur to the punishment of the murther of the King her Majesties Husband ; and for sure preservation of the person of the Prince , as well shall answer to God , and on our honours and credit . And to that effect shall concur every one with other at our utmost power . And if any shall set upon us , or any of us , for the doing as aforesaid in that case , We promise faithfully to espouse one anothers interest under pain of Perjury and Infamy , as we shall answer to God. In witness whereof , We have subscribed these presents with our hand at Dumbartoun , the _____ day of _____ St. Andrews , Arguile , Huntly , Arbroth , Gallway , Ross , Fleeming , Herris , Skirling , Killwonning , Will. Hamiltoun of Sanchir , Knight . This small number were the first who banded themselves together , and afterward all those who were Male-contents , or had any particular questions , claims , or seuds with any of the King's Lords , drew to these new Confederates , hoping by time to win their intent against their adversaries , in case their faction might prevail . And some drew to both the factions , who neither desired to see the Kirk nor Country in any stablished estate . The Court of England on the other hand , left nothing undone to kindle the fire , and to furnish both the factions with hope of assistance , in case of need . For oft-times by their Ambassadours ordinary , who were resident here , they upon some new occasion would send in another openly to deal with the King's faction , because it was strongest , and greatest , and under-hand to deal with the Queens faction , and alledge that their quarrel was most just and right , and that her Majesties Authority was only lawful . No man can tell this better then I , who was so long well acquainted with all the Ambassadours who were sent to Scotland , during their banishment in France in Queen Mary's time : as with Mr. Randolph , Sir Nicholas Throgmortoun , Mr. Dayson , Mr. Killegrew , and the Marshal of Berwick . Among the which number , Sir Nicholas Throgmortoun dealt most honestly and plainly , for he shot at the union of the whole Isle in one Monarchy . And thought that it consisted only in the persons of two for the time , to wit , the Queen , and the King her Son. And when he saw Mr. Randolph go about to sow discord , he declared the same to my Brother and me , and detested him for his divilish intent and dealing . Yea he detested the whole Council of England for the time , and told us friendly , what reasoning they held among themselves for that effect : to wit , How that one of their greatest Counsellors proposed openly to the rest , that it was needful for the well-fare of England , to foster and nourish with some help the Civil Wars , as well in France , Flanders , as Scotland , whereby England might have many advantages , and be sought after by all parties , and in the mean time live at rest , and gather great riches themselves . This advice and proposition was well allowed of by most part of the Council , yet one honest Councellor stood up and said , That it was a very worldly advice , and had little or nothing to do with a Christian Common-wealth , nor yet would it be found profitable in all points . First he said , It is worldly and not godly , for though I grant , said he , that France which is so potent a Kingdom , if it knew its own strength , might suppress all its neighbours , and therefore would be so handled , yet even there the fire would dye out incontinent , except the Prince of Conde were better furnished , and helped . As for Flanders he said , That the trouble was prejudicial to England , because by the Wars in Flanders , England's great traffick of merchandize is hindered , whereby they have greatest gain . As for Scotland , he said it was against their weal , to hold them in dissention , so long as my Lord of Murray was Regent , who was their friend , and would be ready to assist them with his power in their necessity . Another Councellor affirmed that to be true , but if my Lord Murray were dead , Scotland behoved likewise to be kept in hot Water . Which conclusion was commonly followed afterward , and was soon discovered by the wisest , who were not factious ; but too late by the rest of the raging multitude , who through process of time were so battered one against another , e're the play was ended , that they would have eaten one another with their Teeth . Now my Lord of Murray having accepted the Government upon him , pressed to have the strengths in his hands , as the Castles of Edinbrugh , Dumbar and Dumbartoun . The Castle of Edinbrugh was still in the hands of Sir James Balfour , who had assisted the Noblemen who had pursued the murther , and now took plain part with them , and likewise assisted the new made Regent . Yet he desired to have the Castle out of his hands , which he was content to deliver up upon condition , that the Laird of Grange should be made Captain thereof , upon the constancy of whose friendship he reposed most ; which was easily granted by the Regent , and all the rest . After this the other Strengths were also rendred to him . Then he took great pains to steal secret Roads upon the Thieves on the Borders , tending much to the quieting thereof . He likewise held Justice Airs in the In-country . But was not so diligent as he might have been , in settling the differences among the Nobility , and to draw them by a sweet and discreet equitable behaviour to the obedience of the King's Authority . Which might have been easily done , if they had gotten security for their persons and estates . But such as were about him , having their own ambitious and covetous ends , counselled him otherwise , thinking by the wrack of others to make up themselves . They were so blinded by their affections , and greedy appetites , that they thought all would succeed prosperously according to their desires , without any resistance . Thus rushing forward , the Regent's rough proceedings gave occasion to many to draw to the contrary faction . And they to strengthen themselves under the name of Authority , devised how to draw the Queens Majesty out of Lockleven to be their head , before the time was ripe . Whereof the Regent was oft and frequently warned , even by divers who were upon the Council , of her out-taking , who desired that way to win thanks at his hands . But he would credit nothing , but such things as came out of the mouths of those who had crept into his favour by flattery . In the mean time the Queen was convoyed out of Lockleven by George Duglas the Lairds Brother , and the Regents half Brother , who was for the time in some evil tearms with them . The old Lady his Mother , was also thought to be upon the Councel . My Lord Seatoun , and some of the House of Hamiltoun , and divers of their dependers , received her Majesty at her landing out of the Logh , and convoyed her to Hamiltoun . The Regent being for the time at Glascow holding Justice Eyrs , Proclamations and Missives were incontinently sent abroad , by both sides , to convene so many as would act for them in the Country . One French Ambassadour was come to Edinbrugh ten days before , called Monsieur de Beumont Knight of the Order of the Cockle , whom I had convoyed to Glascow , and had procured to him a sight of the Queen , while Captive . He said to me , that he never did see so many men so suddenly convened , for he rode to Hamiltoun to the Queen , and dealt between the parties for Peace , but was not heard . Her Majesty was not minded to fight , nor hazard battel , but to go unto the Castle of Dumbartoun , and endeavour by little and little to draw home again unto her obedience the whole Subjects . But the Bishop of St. Andrews , and the House of Hamiltoun , and the rest of the Lords there convened , finding themselves in number far beyond the other Party , would needs hazard Battle , thinking thereby to overcome the Regent their great Enemy , and be also masters of the Queen , to Command and Rule all at their pleasure . Some alledged that the Bishop was minded to cause the Queen to marry my Lord Hamiltoun , in case they had obtained the victory . And I was since informed by some who were present , that the Queen her self feared the same , therefore she pressed them still to convoy her to Dumbartoun , and had sent me word with the French Ambassadour , the same morning before the battel , to draw on a meeting for concord , by the means of the Secretary Lidingtoun , and the Laird of Grange : And for her part she would send the Lord Herris and some other . She had also caused my Brother Sir Robert to write a Letter to me that same morning , for that same effect , but the Queen's Army came on so fiercely , that there was no stay . The Regent went out on foot , and all his Company except the Laird of Grange , Alexander Hume of Manderstoun , and some Borderers to the number of 200. The Laird of Grange had already viewed the ground , and with all imaginable diligence caused every Horse-man to take behind him a Foot-man of the Regent's to guard behind them , and rode with speed to the head of the Long'sid'-hill , and set down the said Foot-men with their Culverings at the head of a straight Lane , where there were some Cottage-houses , and Yards of great advantage . Which Soldiers with their continual shot , killed divers of the Vaunt-guard , led by the Hamiltouns , who couragiously and fiercely ascending up the Hill , were already out of breath when the Regents Vaunt-guard joined with them . Where the worthy Lord Hume fought on foot with his Pike in his hand very manfully , well assisted by the Laird of Cesfoord his Brother-in-law , who helped him up again when he was strucken to the ground by many stroaks upon his face , by the throwing Pistols at him , after they had been discharged . He was also wounded with Staves , and had many stroaks of Spears through his Legs ; for he and Grange at the joining , cried to let their adversaries first lay down their Spears , to bear up theirs ; which Spears were so thick fixed in others Jacks , that some of the Pistols and great Staves , that were thrown by them which were behind , might be seen lying upon the Spears . Upon the Queens side the Earl of Arguile commanded the Battel ; and the Lord of Arbroth the Vaunt-guard . On the other part the Regent led the Battle , and the Earl of Mortoun the Vaunt-guard : But the Regent committed to the Laird of Grange the special care , as being an experimented Captain , to oversee every danger , and to ride to every Wing , to incourage and make help where greatest need was . He perceived at the first joining , the right Wing of the Regent's Vaunt-guard put back , and like to fly , whereof the greatest part were Commons of the Barony of Ranthrow ; whereupon he rode to them , and told them that their Enemy was already turning their backs , requesting them to stay and debate , till he should bring them fresh Men forth of the Battel . Whither at full speed he did ride alone , and told the Regent that the Enemy were shaken , and flying away behind the little Village , and desired a few number of fresh Men to go with him . Where he found enough willing , as the Lord Lindsay , the Laird of Lockleven , Sir James Balfour , and all the Regents Servants , who followed him with diligence , and reinforced that Wing which was beginning to fly ; which fresh Men with their loose Weapons struck the Enemies in their flanks and faces , which forced them incontinent to give place ; and turn back , after long fighting and pushing others to and fro with their Spears . There were not many Horse-men to pursue after them , and the Regent cried to save and not to kill , and Grange was never cruel , so that there were but few slain , and taken . And the only slaughter was at the first rancounter , by the shot of the Soldiers which Grange had planted at the Lane-head behind some Dikes . After the loss of the Battel , her Majesty lost all courage , which she had never done before , and took so great fear , that she never rested till she was in England , thinking her self sure of refuge there , in respect of the fair promises formerly made to her by the Queen of England by word to her Ambassadours , and by her own hand-writ both before and after she was Captive in Lockleven . But God and the World knows how she was kept and used , for not only she refused to see her , of whom she appeared so oft so desirous of a sight , and a meeting , but also caused to keep her Prisoner , and at length suffered her life to be taken away , or else it was subtilly taken against her intention . This puts me in remembrance of a tale that my Brother Sir Robert told me , The time that he was busiest dealing betwixt the two Queens to entertain their friendship , and draw on their meeting at a place near York , One Bassintoun a Scots-man who had been a Traveller , and was learned in high Sciences , came to him and said ; Good Gentleman , I hear so good a report of you , that I love you heartily , and therefore cannot forbear to shew you how that all your upright dealing , and honest travel will be in vain : For whereas you believe to obtain advantage for your Queen at the Queen of England's hands , you do but lose your time and your travel : For first they will never meet together , and next there will never be any thing else but dissembling , and secret hatred for a while , and at length Captivity and utter wrack to our Queen from England . My Brother answered , he liked not to hear of such devilish news , nor yet would he in any sort credit them , as being false , ungodly , and unlawful for Christians to meddle with . Bassintoun answered , good Mr. Melvil entertain not that harsh opinion of me . I am a Christian of your own Religion , and fear God , and purposeth never to cast my self on any of the unlawful Arts that you mean , but so far as Melancthon , who was a godly Theologue , hath declared lawful , and written concerning the natural Sciences which are lawful , and daily read in divers Christian Universities , in the which as in all other Arts , God gives to some less and to others clearer knowledge , by the which knowledge I have attained to understand , that at length the Kingdom of England shall of right fall to the Crown of Scotland , and that at this instant there are some born who shall brook Lands and Heritages in England : But , alas , it will cost many their Lives , and many bloody Battels will be fought e're things be settled or take effect , and by my knowledge , says he , the Spaniards will be helpers , and will take a part to themselves for their labour , which they will be loath to leave again . After that the Queens Majesty had demitted the Government , when she was Captive in Lockleven in such manner as is rehearsed , my Lord of Murray being the first of the Regents of whom I have said something already , I intend now to follow forth , and shew a part of his proceedings , and to begin where I left at her Majesties retreat to England . After the Battel of Langside , the Regent went through the Country , and took up the Escheats and Houses of those who had assisted at the said Battel , and caused to cast down divers of their houses distributing their Lands to his Servants and dependers . The Council of England being crafty , and in special the Secretary Cicil , they knew what kind of Men had most credit about him for the time , and thereupon took occasion to deal with the least honest , most ambitious and covetous of that number and Society , who had joined and banded themselves together to assist each other , whereby to advance themselves , and to disgrace all such true and honest men as had assisted , and helped him in all his former troubles . This sort of Men were soon perswaded and corrupted , to move the Regent to pass unto England , and accuse their native Queen before the Queen and Council of England , to the great dishonour of their Country and Prince . For the Queen of England who had no just cause to retain our Queen , who had fled to England in hope of getting shelter , and the assistance which had been so oft promised her both before and after her Captivity in Lockleven , was very desirous to have some colour and pretext whereby she might make answer to the Ambassadours of sundry Princes who reproached her for her unkindly and unprincely proceedings therein . Because the most part of those who had the Regent's Ear were gained to this opinion , and the number few who were of a contrary mind , he went forward to England , accompanied with the Earl of Mortoun , the Lord Lindsay , the Laird of Lockleven , the Bishop of Orkny , the Abbot of Dumfarmling , Mr. James Macgil , Mr. Henry Balnears , Mr. George Buchanan , the Laird of Pittarrow , George Duglas Bishop of Murray , Mr. John Wood the Regent's Secretary , a great Ring-leader , Mr. Nicholas Elphinstoun , Secretary Lidingtoun , Alexander Hay , Alexander Hume of North-Berwick , the Laird of Cleesh , with divers other Barons , and Gentlemen , who went there to see the fashion , some to wait upon the Regent and Lords , and some who could not get the Regent disswaded from this extream folly at home , went with him to England to see if by any assistance of such as were friends there to the Union of the Isle , and to the Title of Scotland , he might be stayed from that accusation . For those who were the Queens Lords , who came there to defend the Queens part , had no credit nor familiarity with the chief faction in England concerning the Title , nor durst open their minds but to such as by long acquaintance they were well assured of their honesty and secrecy . The names of the Queens Lords were , the Lord Herreis , the Lord Boid , the Lord Fleeming , the Lord Livingstoun , the Bishop of Ross , and some others , with my Brother Sir Robert , who attended to do all the good he could . The Duke of Norfolk , the Earl of Sussex , and several other Councellors were sent down to York , to hear the Regent's Accusation , and to be as Judges between the King and Queen's Lords . The first day of meeting , the Duke of Norfolk required that the Regent should make Homage in the King's Name to the Crown of England , thinking he had some ground to demand the same , seeing the said Regent there to plead his Cause before the Councel of England . Whereat the Regent grew red , and knew not what to answer ; but Secretary Lidingtoun took up the Speech , and said , That in restoring again to Scotland the Lands of Huntingtuon , Cumberland , and Northumberland , with such other Lands as Scotland did of old possess in England , that Homage should gladly be made for the said Lands ; but as to the Crown and Kingdom of Scotland , it was freer than England had been lately , when it payed St. Peter ' s Penny to the Poor . It appeared still that the Duke drave off time with us , as having no inclination to enter upon the terrors of Accusation . What was in his head , appeared afterward , but he was long in a suspence with whom to deal . For he thought ( as he afterward said ) he neither did see honest men nor wise men . At last he resolved to enter in Conference with Secretary Lidingtoun , to whom he said , That before that time he had ever esteem'd him a Wise man , until that now he came before Strangers to accuse the Queen his Mistress , as if England were Iudge over the Princes of Scotland . How could we find in our hearts to dishonour our Kings Mother , or how could we answer afterward for what we were doing , seeing it tended to hazard the King her Sons Right to England , intending to bring his Mothers honesty in question . It had been rather the Duty of you his Subjects , sayes he , to cover her Imperfections , if she had any , remitting unto God and Time to punish and put Order thereto , who is the Only Iudge over Princes . Lidingtoun , as he might well do , purged himself , and declared he came there to endeavour to stop the said Accusation , which the Laird of Grange , and divers others , had endeavoured to do in vain , before the Regent's coming out of Scotland . And that now he would be glad of any help to hinder that shameful deliberation of the Regents , pushed thereto by a company of greedy , rash , and careless Councellors , the most part of them his Enviers and secret . Enemies ; praying the Duke not to conceive such an Evil Opinion of him , but requesting him to draw the Regent apart , and enter with him upon those Terms which afterward the Regent would shew him and he should amplifie and set it out the best he could . The Duke asked if the Regent would keep secret ? and being thereof assured by Lidingtoun , the next day he took occasion to enter into discourse with the Regent , about their first Friendship and Familiarity contracted at Lieth , during the Siege , and helping to put the Frenchmen out of Scotland . Then after that the Regent had promised Secrecy , and assured him that their first Friendship should stand till the end of his Life , the Duke began to declare , how that he would be a Faithful Subject to the Queen his Mistress so long as she lived ; but that she was too careless what might come after her about the well and quiet of her Country : tho it was the Interest of the Kingdom of England , more to notice the same , by determining the Succession to prevent Troubles that might otherwise ensue . That tho they had divers times essayed to do something therein at every Parliament , but that their Queen had thereat evidenced a great discontent , and hindred the same , shewing thereby that she cared not what Blood was shed after her for the Right and Title of the Crown of England , which consists only in the Persons of the Queen and King of Scotland her Son , which had been put out of doubt e're then , if matters had not fallen out so unhappily at home , and yet he and other Noblemen of England , as Fathers of the Country , were minded to be careful thereof , watching their opportunity . But that they wondred what could move him to come there and accuse his Queen ; for albeit she had done , or suffered harm to be done to the King her Husband , yet there was respect to be had to the Prince her Son , upon whom he and many in England had fixed their Eyes , as Mr. Melvil , who had been late Ambassadour there could testifie . He therefore wished that the Queen should not be accused , nor dishonoured for the King her Sons cause , and for respect to the Right they both had to succeed to the Crown of England . And further the Duke said , I am sent to hear your Accusation , but neither will I , nor the Queen my Mistress , give out any Sentence upon your Accusation . And that you may understand the verity of this Point more clearly , you shall do well the next time that I require you before the Councel to give in your Accusation in Writing ; to demand again my Mistress's Seal and Hand-Writing ( before you show your folly ) that in case you Accuse , she shall immediately Convict and give out her Sentence according to your Probation ; otherwise , that you will not open your Pack : Which if her Majestie shall refuse to grant unto you , which undoubtedly she will do , then assure your self that my Information is true , and take occasion hereupon to stay from further accusation . The Regent took very well with this Advice of the Dukes , and kept it secret from all his Company save Secretary Lidingtoun , and me , to whom that same Night he imparted it , shewing us his inclination to follow the same ; in which Resolution we confirmed him . At the next meeting with the Council , when the Duke demanded the Accusation to be given in , the Regent asked for his Security the Queen of Englands Seal and Hand-Writing , as was before advised ; of which the rest of his Faction gave Lidingtoun the full blame , because it drew on a delay until the Post was sent to the Court , and returned the Queens answer . Being come , it was told that she was a true Princess , her Word and Promise would be abundantly sufficient . The Secretary Cicil , and Mr. John Wood Secretary to the Regent , thought strange of this manner of procedure , therefore it was advised to desire the Lords on both sides , to go from York toward the Court , that the matter might thereto be treated , where the Queen was able to give more ready Answers and Replies . In the mean time the Regent finding the Information the Duke of Norfolk gave him concerning the Queen of Englands Answer to be true , he entred further into Communication with him , and in presence of Lidingtoun , it was agreed betwixt them as followeth ; That he in no wayes should accuse the Queen ; That the Duke should obtain to him the Queens Favour with a confirmation of the Regency . The Duke and He were to be as sworn Brothers of one Religion , shooting continually at one mark , with the mutual intelligence of one anothers minds , the one to Rule Scotland , the other to Rule England , to the Glory of God , and well of both the Countries , and their Princes , so that Posterity should report them the happiest two Instruments that ever were bred in Brittain . The Duke was then the greatest Subject in Europe , not being a free Prince . For he ruled the Queen , and all those who were most familiar with her . He also ruled the Councel , and ruled two Factions in England , both Protestants and Papists , with the City of London , and whole Commons . The Great Men who were Papists , were all his near Kinsmen , whom he entertained with great Wisdom , and Discretion ; the Protestants had such proof of his Godly Life and Conversation , that they loved him intirely . The Regent being arrived at the Court of England , which was for the time at Hampton-Court , he was daily pressed to give in his accusation , especially by those who were about him , when all thought strange that he was so slow in doing thereof , until they were advertised by one of the Lords of the Queens Faction , of all that had past betwixt the Regent and the Duke of Norfolk . For the Duke by a secret hand had advertised our Queen , and she again shewed it to one of her most Familiars , who advertised the Earl of Mortoun thereof . He took this very ill , that the Regent had done this without acquainting him , or any of his Society of his design . But e're he , or any of his Company , would seem to understand any thing of the matter , they laid their heads together , and caused Mr. John Wood to inform Secretary Cicill of all that had past , desiring him to press forward the Accusation , wherein of himself he was abundantly earnest . They again left nothing undone for their part , to effectuate the same , putting him in hope that the Queen would give him her Hand-Writing and Seal , that she should convict the Queen in case he accused her . Others of the finest of them , persuaded him that she would never give her hand-writing or Seal for that end , putting him to a strait to see what he would do in case he obtained his desire . Mr. John Wood said , That it was fit to carry in all the Writs to the Councel , and he would keep the Accusation in his bosom , and would not deliver it till first the thing demanded of the Queen was granted . The rest of the Regents Lords and Councellors had concluded among them , That so soon as the Duke of Norfolk as chief of the Councel would inquire for the Accusation , they should all with one voice cry and persuade the Regent to go forward with it . Secretary Lidingtoun and I minded the Regent , how far he had obliged himself to the Duke of Norfolk . He said , He would do well enough , and that it would not come to that length . So soon as he with his Counsel were within the Councel-House , the Duke of Norfolk asked for the Accusation ; the Regent desired again the assurance of Conviction by Writing and Seal , as is said . It was answered again , That the Queens Majesties Word , being a true Princess , was sufficient . Then all the Councel cryed out , Would he mistrust the Queen , who had given such proof of her Friendship to Scotland . The Regent's Councel cryed out also in that same manner . Then Secretary Cicil asked if they had the Accusation there ? Yes , sayes Mr. John Wood ; and with that he plucks it out of his Bosom , but I will not deliver it , sayes he , till her Majesties Hand-Writing and Seal be delivered to my Lord Regent for what he demands . Then the Bishop of Orkny snatcheth the Writing out of his hand , Let me have it , sayes he , I shall present it . Mr. John Wood run after him , as if he would have taken it again . Forward goes the Bishop to the Council-Table , and gives in the Accusation . Then cryes out the Chamberlain of England , Well done Bishop , thou art the frankest Fellow among them all , none of them will make thy leap good ; scorning his leaping out of the Laird of Grange's Ship. Mr. Henry Balneavs only had made resistance , and called for Secretary Lidingtoun , who waited without the Councel House . But so soon as Mr. Henry Balneavs had called for him , he came in and whispered in the Regent's Ear , That he had shamed himself , and put his Life in danger , by the loss of so good a Friend as the Duke of Norfolk , and that he had lost his Reputation for ever . The Regent , who by his facility had been brought to break with the Duke of Norfolk , repented himself thereof , so soon as Lidingtoun acquainted him with the danger , and desired the Accusation to be rendred up to him again , alledging he had some more to add thereto . They answered , They would hold what they had , and were ready to receive any addition when he should please to give it in . The Duke of Norfolk had much ado to keep his Countenance . Mr. John Wood winked upon Secretary Cicil , who smiled again upon him . The rest of the Regent's Company were laughing one upon another , only Secretary Lidingtoun had a sad heart . The Regent came forth of the Council-House with Tears in his eyes , and went to his Lodging at Kingstoun , where his factious friends had much ado to comfort him . The Queen of England having obtained her intent , received thereby great contentment through the advantage she thereby received . First , she thought she had matter for her , to shew wherefore she detained the Queen , when she was challenged by the forreign Ambassadours upon that accompt . Then she was glad of the Queens dishonour , but in her mind she detested the Regent , and all his Company , and would notice him no more . She sent also incontinent to the Queen to comfort her , praying her to look on her self in a better case , albeit for a while restrained of her liberty , then to be in Scotland , among so unworthy Subjects , who had accused her falsly and wrongfully , as she was assured ; and that neither should they be the better , nor she the worse for any thing they had done : For she would neither be Judge , nor give out any Sentence thereupon , nor should any part of the said false Accusation be made known by her , or her Council to any , praying her to take patience in her gentle Ward , where she was nearer to get the Crown of England set upon her head , in case of her decease , who was but the eldest Sister . Thus the Regent won no other thing for his labour , but to be despised by the Queen and Council of England , detested by the Duke of Norfolk , and reproached by his best and truest friends , suffered to lye a long time at Kingstoun , in great displeasure and fear , without Mony to spend , and without hope to get any from the Queen . In the mean time , the agreement betwixt him and the Duke of Norfolk , was told the Queen . For the Earl of Mortoun caused a Minister called John Willock , to declare what had past betwixt the Regent and the Duke of Norfolk to the Earl of Huntingtoun , who caused my Lord of Leicester to tell it to the Queen . The Duke of Norfolk finding himself disappointed by the Regent , and his purposes discovered to the Queen , began to boast and speak plain language , That he would serve and honour the Queen his Mistress so long as she lived , but after her decease he would set the Crown of England upon the Queen of Scotland ' s head , as lawful Heir . And this he avowed to Secretary Cicil , desiring him to go and prattle that language again to the Queen . The Secretary Cicil answered , That he would be no Tale-teller to the Queen of him , but would concur with him in any course , and serve him in any thing wherein he would imploy him . He threatned also Sir Nicholas Throgmorton , who he supposed would be a true and devoted Servant to the Queen : So that Sir Nicholas was necessitated to seek after his favour by the means of the Earls of Pembroke and Leicester , who was also his friend , albeit he durst not conceal from the Queen that whereof the Earl of Huntingtoun had advertised him , seeing he had desired him to declare the same to her Majesty . The Duke of Norfolk understanding that his whole purposes were discovered , stood not to acknowledge to the Queen , That during her life-time he would never offend her , but serve and honour her , and after her the Queen of Scotland , as in his opinion truest Heir , and the only means for eschewing of Civil Wars , and great blood-shed that might otherwise fall out . Now albeit the Queen of England liked not that language , yet she would not appear to find fault with it for the time . Now matters being cast loose in this manner between the Regent and the Duke , and the Regent in great distress ; Sir Nicholas Throgmorton being a Man of a deep reach , and great prudence and discretion , who had ever travelled for the Union of this Isle , after that he was agreed with the Duke , and perceived that the Earls of Leicester , Pembroke , Secretary Cicil , and the rest of the Court and Commons were all for the Duke , and that the Queen durst not find fault with him , he devised and effectuated a new friendship betwixt the Regent and the Duke , who was unwilling again to enter with the Regent , yet at length he suffered himself to be perswaded . The Lord Regent on the other hand , being destitute of all friendship in England for the time , and indigent of mony , thought he would be very fortunate if again he could obtain the Dukes friendship and pardon , so he was brought easily and secretly unto the Duke by Sir Nicholas . At which time he granted his offence , excusing himself the best he could , by the craft and importunity of some of his Company . The Duke helped him to frame his excuse , alledging , That he knew how his gentle nature was abused by the craft and concurrence of some of the Council of England , who had joined with some about him . That if he would for the future keep touch and be secret , they should take a course with all those who had drawn on that draught . The Regent promised as far as could be devised , so that a greater friendship was packed up between them then ever . The Duke had before told him , That he was resolved to marry the Queen our Mistress , and that he should never permit her to come to Scotland , nor yet that he should ever Rebell against the Queen of England , during her time . Also that he had a Daughter , who would be meeter for the King , then any other for many Reasons . Now the Duke took in hand to cause the Queen his Mistress to give unto my Lord Regent Two thousand pound sterling , for the which Sum he became Cautioner , and was afterward compelled to pay it . After that the Regent had got this mony , and had taken his leave of the Queen , he was advised by such as had great credit about him , to tell the Queen all things that had past again betwixt the Duke and him . And to do it the more covertly , it was devised . That the Queen of England should send for him , pretending to give him some admonition about some order to be observed upon the Border . This being done , and all things discovered to the Queen , with a promise so soon as he came to Scotland , and had received any Letters from the Duke , by Cyphers or otherwise , he should send them to England by an Express . In the mean time the Duke wrote unto our Queen , advertising her again of the new friendship between him and the Regent , who was become very penitent , and had been formerly deceived by craftier men then himself , desiring her to let him pass by without any harm done to him , or any in his company by the way . At that time the Duke commanded over all the North parts of England , where the Queen our Mistress was kept , and so might have taken her out when he pleased . And when he was angry at the Regent , he had appointed the Earl of Westmerland to lye in his way and cut off himself , and so many of his company , as were most bent upon the Queens Accusation . But after the last agreement , the Duke sent and discharged the said Earl from doing us any harm , yet upon our return the Earl came in our way with a great Company of Horse , to signifie to us that we were at his mercy . After the Regents safe return to Scotland , Mr. John Wood his Secretary peocured , upon the first occasion , to be sent to England , with all the Letters that had been sent from the Duke of Norfolk , which could tend to undo him . He desired Mr. Henry Balneavs to cause the Regent to give him the Bishoprick of Murray , void for the time , though he pretended it was neither for ambition nor covetousness of the Rents , but that he might have an honourable Style , to set out the better his Ambassage . The said Mr. Henry being indeed such a man as Mr. John would appeared to have been , was very angry , and never liked him ester that my Lord Lindsay vented himself , That he was one of the number who gave the Regent counsel so to do , alledging , that such promises as were made to the Duke of Norfolk for fear of life , ought not to be kept . A little after that Mr. John was come back to Scotland , well rewarded for his pains , the Duke was sent for by the Queen to come to Court. Whereupon first he posted in haste to Secretary Cicil to demand his counsel , for he reposed much upon him , they being joined in one course . The other made answer , That there was no danger , he might come and go at his pleasure , no man would or durst offend him . Which made the Duke ride up quietly , only with his own train , whereas otherwise he would have been well accompanied . In the mean time , Secretary Cicil informed the Queen , That the necessity of the time obliged her not to omit this occasion , but to take the matter stoutly upon her self , and incontinent command her Guard to lay hands upon the Duke , or else no other durst do it , which if she did not at this time , her Crown would be in peril . The Queen following this counsel , the Duke was taken and secured , when he thought all England was at his Devotion , who after long Captivity was Executed , ending his Life devoutly in the Reformed Religion . Shortly after Mr. John Wood's returning out of England , there was a great Convention held at Pearth , where the Regent was resolved to accuse Secretary Lidingtoun , as being of Councel with the Duke of Norfolk , but he had so many friends for the time , that they durst not lay hands on him , albeit from that hour forth , he retired from the Court , and remained with the Earl of Athol , where the Regent entertained him with friendly Letters . And upon a time being at Sterling , he wrote for him to come and make a dispatch for England , whither being come , Captain Crauford was directed to accuse him before the Privy Council of the late King's murther , and being accused of so odious a Crime , he was committed to Ward . Sir James Balfour was also taken out of his own House , when he expected no such thing . Then my Lord of Doun wrote to the Laird of Grange to be upon his guard , for the Regent was resolved to take the Castle of Edenbrugh from him , and make the Laird of Drumwhasel Captain thereof . Which advertisement he had formerly given to Grange , as also of the design to take the Secretary , and Sir James Balfour . But at the first he would not give credit thereto , but now when he did see the Advertisement take effect , he began to think that the Regent was strangely missed , he would have been satisfied to have wanted the Castle , and to have left the Court , were it not for the desire he had to save the Lives of Secretary Lidingtoun , and Sir James Balfour , having upon his Honour engaged to protect the said Sir James upon his rendring up the Castle to him . He knew they were wrongfully pursued , only by the Malice and Envy of their Enemies for their Offices . Sir James Balfour being taken , sent unto the Laird of Grange , minding him how he had joyned with the Lords and Regent upon the Trust he reposed on his Fidelity , more than on all their Seals and Hand-writings which he had to produce . Whereupon the Laird of Grange sent a Gentleman to the Regent , but the Regent purged himself , and alledged the Councel were so banded together against the Secretary , and Sir James Balfour , That it consisted not in his power to preserve them from Prison , seeing they were accused for the King's Murther against his will , but Grange should know his honest part thereof at meeting ; praying him in the mean time to suspend his judgment . Nevertheless the Regent and his Councel were determined to proceed to Process the two Prisoners upon their Lives , till Grange sent again and desired the like Justice to be done upon the Earl of Mortoun and Mr. Archibald Douglas . For he offered to fight with Mr. Archibald , and the Lord Herries with the Earl of Mortoun upon that head , That they were upon the Councel , and consequently airt and pairt of the King's Murther . This stayed their Process at that time . And the Regent still alledged , That the Lords had taken them against his will , and that he should send Sir James Balfour to the Castle of St. Andrews , and should bring Secretary Lidingtoun to Edinbrugh , and deliver him unto the Laird of Grange to be kept . So the Regent came to Edinbrugh , and brought the Secretary with him , intending , as Grange was informed , to make the Secretary an Instrument to draw Grange out of the Castle to the Town the next morning to receive the Secretary to be carried up to the Castle , and then to retain Grange also till the Castle should be delivered unto the Laird of Drumwhasel to be Keeper thereof , and to send Grange home to his house and reward him with the Priory of Pittenweem . But the Earl of Mortoun had appointed four men to slay Grange at the entry of the Regent's Lodging , without the Regent's knowledg . But Grange was loath yet to believe the worst of the Regent , and being of opinion that the Regent's gentle Nature was forced by the Lords , as he had sent him word , understanding that they intended to carry the Secretary to Tantalloun , he came down out of the Castle with a Company ; and took the Secretary out of the hands of his Keepers , and convoyed him up to the Castle . For he thought if it were true that the Regent said , That he was forced by the Lords against his will to let the Secretary be retained after that he was accused , the Regent would be glad that he had revenged his quarrel upon the Lords , by taking the Secretary out of their hands , whereof he might justly pretend ignorance . And if the Regent would be dissatisfied with his carriage therein , it would be a certain token of his dissimulation . In that case Grange thought he did a good deed to save his Friends Life , and so he would have good ground to believe divers Intelligences which formerly he would not credit , and therefore he would be upon his guard in Time coming . The Regent and his Councellors when they understood that Grange had taken the Secretary to the Castle , were in great perplexity , supposing all their Counsels to be disclosed . They knew not how to help the matter , but they advised the Regent to cover his anger until a fit opportunity , causing him to go up to the Castle the next morning . For he durst trust Grange , tho Grange would no more trust him . At meeting the Regent gave him more fair words than he was wont to do , which Grange took in evil part . After this there were many devices how to intrap Grange , sometime in his down-coming to the Regent , but he was ever advertised and upon his guard , so as the Regent lost dayly of his best Friends , and the number of his Enemies increased . For the Duke of Chattellerault ( who was agreed with him by the intercession of the Lord Herreis ) when the said Duke and the Lord Herreis came to Edinbrugh , as was appointed at the agreement , to concur with the Regent in Councel and otherwise for the quieting of the Country , they were both warded in the Castle , against promise . Which when the Laird of Grange found fault with , Mr. John Wood said , I marvel at you that you will be offended at this ; for how shall we who are my Lords dependers , get Rewards , but by the wrack of such men . Yea , said Grange , is thas your holiness , I see nothing among you but Envy , Greediness , and Ambition , whereby you will wrack a good Regent , and ruine the Country . This was long before the taking of the Secretary , and increased the hatred of a wicked Society against Grange , who upon all occasions evidenced his detesting their selfish Designs , who were dependers upon the Regent ; which was one of the faults also they had against the Secretary , as also because his Wit so far excelled theirs . The Captivity of the Duke and my Lord Herreis , made many Enemies to the Regent , who took the greater boldness to conspire against him , when they perceived him to lose and cast off his best Friends . It was a grievous thing , to see that good Regent , of himself so well inclined to do good offices in Religion and Commonwealth , so led after other mens vain pretences , and affections , to his own wrack , to the wrack of many worthy Persons , and to their ruine at length who led him in these wayes . He grew to give great ear to Flatterers , and would not suffer his true Friends to tell him the verity . The observation hereof , made many conjecture that his Ruin was at hand ; and I among others devised a present remedy for his preservation , which was this : I knew that the taking Lidingtoun to the Castle , sunk deepest in the Regent's heart ; and that the false practises and wrackful fetches of such as had taught him to dissemble , moved Grange , who had been his greatest Friend , to be jealous of him ; the noticing whereof gave ground to his Enemies to conspire against him . First , I requested the Regent to remember the false Practises , that some about him had sundry times used formerly to his great displeasure , and to consider that they occasioned all the jealousies and suspitions that were fallen out between him and his Friends , which might encourage his Enemies to take some wicked enterprise in hand against his Person . To remedy this , I proposed it as fit , That Lidingtoun should go unto France , finding Caution not to return to Scotland under the penalty of Twenty thousand pounds , and withal giving his Son in pledg for further Security , and that he should practise nothing against the Quiet of the Country . And that Sir James Balfour should be set at liberty , or banished after that same manner . For he had already won the Regent's Familiars with great Sums of Gold , which had stanched their wrath against him ; which Lidingtoun would not do , albeit Sir James had sent him his advice to do as he had done . These two being freed and out of the way , The Laird of Grange should deliver to him the Castle of Edinbrugh , to make Captain thereof whom he pleased . That so the whole Country might see , that all was in his power , and at his command . This I thought the best way to reduce again the opinion of the People , and to scare all his Enemies from their desperate enterprises . His answer was , That he did bear no ill will to Lidingtoun , that he would not press him to go out of the Country ; as for Sir James Balfour , he would set him at liberty ; and for Grange , he had too many Obligations to him , and too great proofs of his Fidelity to mistrust him ; That he was never minded to take the Castle from him ; and if it were out of his hands , he would give him the Keeping thereof before any other . He denyed that he had any suspition either of Grange , or the Secretary , and thereupon went up to the Castle and conferred Friendly with them of all his affairs , with a merry Countenance , and casting in many merry purposes , minding them of many straits and dangers they had formerly been together engaged in . So far was he instructed to dissemble ; yet the violence he did himself herein was easily perceived by such , who had been long acquainted with him , and had been his chief advisers under God. The Secretary by his Wisdom , and Grange by his Valour and Fidelity , who had both such notable Qualities as procured them the Envy of wicked men , who by their continual Flattery and false Reports put them out of his Favour , and then like a weak House wanting his sustaining Pillars , he fell . Himself was at the first of a gentle Nature , well inclined , good , wise , stout . In his first uprising , his hap was to light upon the best sort of Company ; his beginning was full of adversity , true honest men stuck by him , because he was Religiously educated , and devoutly inclined . But when he became Regent , Flatterers for their profit drew near him , and puft him up into too good an opinion of himself . His old true Friends , who would reprove and admonish him , thereby lost his Favour . I would sometimes say to him , That he was like an unskilful Player in a Tennis Court , running ever after the Ball ; whereas an expert Player will discern where the Ball will light , or where it will rebound , and with small travel will let it fall on his hand , or racket . This I said , because he took very great pains in his own Person to small effect . After that he had gotten divers advertisements of his Enemies Conspiracies , yet he would credit nothing , but what came from his own Familiars , who told him nothing but of fair weather , and of the best Government that could be , and so rendred him careless and secure which encouraged the Good man of Bodwelhaugh called Hamiltoun , to lye in his way as he was passing thorow Lithgow , who shot him , whereof he dyed that same Night ; all his Councellors and Familiars , were also well advertised as he was , both of the man , the place , and the time , and yet were so careless of him , that they would not be at the pains to search the house where the man lay to shoot him , but suffered him to escape upon a speedy Horse . I have written thus far of him , because every one knows not the verity how he was led away ; and because St. Augustine sayes , That all kind of Ignorance is neither worthy of pardon nor excuse , but only such as have not the means to be instructed , nor to get knowledg . I was sometime compelled to recite divers Sentences of Solomon to this Good Regent ; for so he was , and will ever deservedly be called : How that an heavy Yoke was ordained for the Sons of Adam , from the day they go out of their Mothers Womb , till the day that they return to the Mother of all things ; from him who is clothed in Blew Silk and weareth a Crown , even to him who weareth simple Linnen ; wrath , envy , trouble and unquietness , rigor , strife , and fear of death in the time of rest . Again , Be diligent to know the state of thy Flock ; for there are some who see but with other mens eyes , who hear but with other mense ars , these must needs be ignorant ; such a man is commonly made a wicked Instrument to fulfil the appetites of envious vengeable and gready Councellors . And Solomon sayes , That for the transgression of such wicked Councellors , the Land changeth many Princes . And again , The Prudent man seeth the Plague and eschews it ; but Fools go on still and are punished . Wisdome , Knowledg and Understanding of the Law is of the Lord ; Error , Ignorance and Darkness are appointed unto Sinners for Punishments and Plagues . The foolish will believe every thing , and the mouths of fools are fed with foolishness . So the Prudent will consider his paths , and can perceive that some are Councellors for themselves : Therefore sayes Solomon , I Wisdome dwell with Prudence , and can find forth the right knowledg of Councellors ; as if he would say , Who have Wisdome purified with Prudence , will not be so easily carried away with Flatterers , as a number of facil Princes , who promote them above faithful Friends and true Servants , who reprove them for their unseemly proceedings . Against the Rule of Isocrates , who admonisheth the King to love and retain as his truest Friends , such as lovingly and modestly will correct his Faults . And as Plutarch saith unto Trajan , Follow the Counsel of these who loves thee , rather than of those whom thou lovest . And as Thepompus being demanded how a Prince should best Rule ? answered , In permitting his best Servants to tell him the verity of his Estate . As the King of the People is , so are his Officers . If the Officers be wicked , so is the Ruler thought to be . How are Flatterers , said I to the Regent , flown away with your wonted humility , and who hath puft you up , so that you will not suffer a Friendly Reproof ? Says not Solomon , If thou seest a man wise in his own conceit , there is more hope to be had of a fool than of him ? Exalt not thy self in the day of honour , for pride goeth before destruction , and an high mind before a fall . Yet hear Counsel , and receive Instruction , let Reason go before every enterprise , and counsel before every action . When you followed the Counsel of your old experimented Friends , your Affairs prospered . Since you left them , to follow the flattering fetches of your wonted Foes , ( who are now become your chiefest Councellors since you have been made Regent ) your Credit decayes , and all your Bu●●ness goes back . I did shew you lately coming from Dumfries , in what Danger your Estate and Person were ; to which you have taken little notice ; which Danger appears to me to be ever the longer the greater , without speedy repentance , and the hasty imbracing of such Remedies as I mentioned for the time . Therefore take this better to heart , and in good part of his hand of whose Fidelity to you , you have had so good proof in all your adversities . Solomon sayes more , Receive Instruction , that thou mayst be wise in thy latter end ; And above all this , pray to the Most High , that he may direct thy way in truth , which I pray God grant you the grace to do . The most part of these Sentences drawn out of the Bible , I used to rehearse to him at several occasions , and he took better with these of my hands , who he knew had no by-end , then if they had proceeded from the most Learned Philosopher . Therefore at his desire I promised to put them in writing , to give him them to keep in his Pocket ; but he was Slain before I could meet with him . After the Decease of the Regent , England sent the Earl of Sussex to Berwick , whither the Earl of Lennox came also at that same time , as being sent for by the Lords of the King's Faction , to be made Regent in place of the Earl of Murray . The Earl of Sussex had with him the Forces of the North , as if he had some enterprise to do , and to take some advantage at this time , when the Country wanted a Regent . About that same time , so many of the Lords as were banded , and professed the Queens Authority , caused to proclaim the same at Lithgow . As yet they of the Castle at Edinbrugh professed the King's Authority , albeit there were secret jealousies betwixt them and so many of the rest as had counselled the late Regent to apprehend the Secretary Lidingtoun , and Sir James Balfour , and who would also have ruined Grange , because he appeared concerned in them two , and also because his Vertues were envied , and his Charge coveted by others . They who were within the said Castle for the time , were my Lord Duke of Chattellerault , and my Lord Herris , warded wrongfully as I have said , therefore the Laird of Grange obtained a Warrant from the rest of the King's Lords to set them at liberty . The Lord Hume was there to assist with those of the Castle , with the Laird of Grange , the Secretary Lidingtoun , his Brother the Prior of Condingham , three of my Brothers Sir Robert , Captain David , and Sir Andrew Melvil , the Lairds of Drylow and Pittadrow , Sir James Balfour , the Lairds of Fernihast , Buccleugh , Wormistoun , Parbroth , and divers other Noblemen and Barons , who came there at all occasions , and were ready at a call when they had to do . This Company directed me to Berwick , toward the Earl of Sussex , to know what he intended to do with his forces ; whether to assist any of the two Factions , or to agree them ? I was friendly received by him , well lodged , and my expences by him defrayed , wanting nothing . He sent me his own night-Gown , furred with rich furrings , to make use of so long as I abode there . Albeit I knew him to be a great Enemy to all Scots-men , he appeared desirous to enter in great familiarity with me , and as if he was desirous I should believe he had communicated to me his most secret thoughts , alledging his plainness to me , was upon the report he had heard by sundry of his Country-men to my advantage . He said , That his coming with his Forces , was not to assist any faction , nor to decide Questions and Titles that were among us , but to serve the Queen his Mistress , in obeying her Commands : That if he did any enterprise at that time against any Scots-man , it would be against his heart . That of all Scots-men , he liked best of of those who were within the Castle of Edinbrugh , and their dependers , especially because he knew them to have been friends to the Duke of Norfolk , his near Cousin , whose part he said he would plainly have taken , if the said Duke had out of his own mouth communicated his enterprise to him , as he had foolishly done by a Gentleman of his , to whose credit he durst not commit the secrecy of that matter , being of it self of so great concernment , as stood him upon his life and heritage . And that albeit he with his Forces came not to set out , nor to fortifie any Faction in Scotland , yet he durst be plain with me privately , as with a true friend , to declare that he did esteem the Queen of Scotland and the Prince her Son righteous Heirs to the Crown of England , which his judgment he had shown to few of his own Country-men . So I returned with no direct answer , but with a firm opinion , that he was sent to appear to set forward the Earl of Lennox to be Regent , and to send word to the Lords of the King's side , that he would assist them , and send in Mr. Randolph thither with the Earl of Lennox ; and yet to deal with the Lords of the Queens Faction , to encourage them to hold forward their factions course , because the said Mr. Randolph had a great dealing with the House of Hamiltoun , as he who convoyed the Earl of Arran , now visited with the hand of God , out of France through England home to Scotland , to assist the Congregation . He knew also what old and long hatred had been betwixt the Houses of Lennox and Hamiltoun ; and was deliberately directed , secretly to kindle a fire of discord betwixt two strong Factions in Scotland , which could not be easily quenched , and to conform the Lord Hume , who was not yet resolved to take part with the Queens Faction , which England thought had not money enough yet to sustain long strife against the King's Faction . The Earl of Sussex entred the Merse with his Forces , and took the Castle of Hume , and Falhastle , full of riches and precious moveables , that way moving the Lord Hume to take plain part with the Hamiltouns , and the Queens Faction . Whereby it may be seen , that the conclusion was to hold Countries in discord , by the craft of the Council of England for the time , as I have before mentioned ; and which was now put in practice , incontinent after the decease of the Earl of Murray . For albeit the Earl of Lennox had his Lady , Children , and Estate in England , they would not credit him , supposing he would be a true Scots-man , as he proved indeed afterwards . I being in Berwick , when the Earl of Lennox was so far toward Scotland to be Regent , I thought it my duty to visit him . For at his first in-coming before the marriage of his Son the Lord Darnly with the Queen , he sent this present Colonel Stuart for my Brother Sir Robert and me , and because my Brother was absent , I went to him alone . At which time he told me , That his long absence out of the Country had made him as a stranger to the condition of the Country , and that his Lady at his parting from her , had desired him to take my Brother's counsel and mine in all his affairs , as her Friends and Kinsmen . So that being familiar enough with him formerly , I visited him at this time , and told him the state of the Country . I disswaded him from taking upon him the Regiment , fearing that it might cost him his life , as matters were like to be handled , as I should inform him more at length , being once at home . As for my self , I promised to serve and assist him , albeit I could not find that same resolution in those of the Castle of Endinbrugh . He thanked me , promising me to be my friend , so far as lay in his power , upon which he gave me his hand . Then he inquired , What was the Cause , that those who were in the Castle would oppose him ? I answered , For no particular prejudice they had against himself , but because the Lords who had sent for him , without acquainting them therewith , were not their friends , and they suspected that in process of time , they would move him to be their Enemy . He said , That the Laird of Grange had been always his great friend , and had done him formerly great kindness . I said , I hoped he should yet be his friend , after that he had setled himself in the Regiment , and might have time to be rightly informed of every mans part . Returning back from Berwick , I met the Abbot of Dumfarmling , sent by the King's Lords to England , to meet with the Earl of Linnox in his passing by . His chief Commission was ( so far as I could afterward inform my self ) to desire the Queen of England , to deliver the Queen of Scotland to be kept by the King's Lords here at home , seeing that she would not proceed otherwise , according to the Accusation given in against her , the time my Lord Murray was there . Whereto the Queen of England made answer , If they would find her sufficient Pledges for the security of the Queens life , she would deliver her to be kept by them . The Abbot alledged , That would be hard to do , for what in case the Queen dye in the mean time ? She answered , My Lord , I believed you had been a wise man , you would press me to speak what is no ways necessary : You may know , Taat I cannot but for my honour require Pledges , for that end , I think you may judge also of your self what might be best for me . Her meaning in this , might be easily judged and understood . The Earl of Lennox came to Edinbrugh shortly after me , and after he had accepted the Government , his first enterprise was to take Breechin , which was kept by some Companies of Foot-men , lifted by the Earl of Huntly to assist the Queens faction . These Soldiers being advertised , that the new Regent was coming to pursue them , fled , except a few who kept the Kirk and Steeple , who were all hanged . I had made my self ready to ride with the Regent , but Mr. Randolph the English Ambassadour , who came with the Earl of Lennox , appearing to set him forward with his power , hindred me from prosecuting that intention , fearing that I would be an instrument of perswading the Laird of Grange , and those in the Castle , to come to an amicable agreement with the Regent . For if those of the Castle , and their dependers had assisted the Regent , the Queens faction were so few and weak , that they would not have been able to make a party answerable to the King's faction , who were greatest in number , and had the hearts of the Subjects on their side . I was very loath to stay behind the Regent , both because I had promised to assist him , and also because I had obtained a promise of the Bishop of St. Andrews , of the Lands of Lethem , given by the Earl of Murray to Mr. Henry Balneavs , whereof I had no Lease , but Possession , by reason that the Bishop was for the time in Dumbartoun , forsaulted , so the said Lands were in the Regent's power to dispose to any other , yet he had promised that I should enjoy it . I told Mr. Randolph that the said Land might be in danger to be disposed , in case I were absent from the Regent . Tush , says he , I am Tutour at this time to the Regent , I shall not only warrant you that , but shall cause you get a better gift . In the mean time , he promised to write a Letter unto the Regent ( who had already taken journey ) to secure the same to me , and to let him know that he had stayed me , to draw on an agreement between my friends in the Castle and him , therefore desiring him not to dispose the said Lands to any other . But though I knew him to be a double dealer , and a sower of discord , yet I could not believe that he would abuse me in any thing , having received so great obligations from me during his banishment in France , for Religion , during the Reign of Queen Mary . Neither would I blot Paper with this much concerning my particular , were it not to declare the strange practises of Princes in matters of State. Now at Mr. Randolph's desire , I stayed . His first proposition to me , was to desire the Captain of the Castle to agree with , and assist the Regent . I told him , That I supposed he might be brought to that through time , but not so hastily . And that same answer I brought to him from him , with a request from the Laird of Grange , That he would be plain with him : for there had been also great friendship betwixt them in France . After some Ceremonies and Protestations of Secrecy , he said , Tell your friend this from Mr. Randolph , but not from the English Ambassadour , That there is no lawful Authority in Scotland but the Queens , she will prevail at length , and therefore it is his interest , as the safest course , to join himself to her Faction . This was the help he made to the Regent , who believed that his only Ambassage was to advance his Authority . I appeared to be very well satisfied with this wholesom advice , and went up to the Castle , and told the Captain and his associates no more then I assured them of , at my return from Berwick . The Laird of Grange was still resolved to own the King's Authority , seeing to be factious under pretext of owning the Queen , during her absence and captivity , might do her more ill then good , and occasion great bloodshed among the Subjects , by the malice of the Ring-leaders of the Court of England , and partialities of a few in Scotland , and was therefore expecting a fit opportunity of making agreement betwixt the parties . In the mean time , I went up and down betwixt those of the Castle , and Mr. Randolph , who gave me another Commission , to wit , In case the two Queens of England and Scotland agree betwixt themselves , to appoint an English-man Captain of the Castle of Edinbrugh , and send unto him a Letter subscribed by both their hands to him , to render up the same to him whom they Commissionate him to deliver it , whether he would for great advantage to himself give it to the person who should be appointed . This in great anger he refused to hear : and this was all the good agreement that Mr. Randolph and I made during the Regent's absence . And instead of minding the Regent not to dispose the foresaid Lands , he dealt with the Tutor of Pitcur , that he might seek a gift of the said Lands from the Regent , informing him that I wanted a right thereto . When the Regent was returned to Edinbrugh , I remembred Mr. Randolph of his promise , and informed him a way how I might get them . He answered , That he found the Regent so stubborn , and of so ill a nature , that he could not deal with him . Then I told him , That I was abundantly sensible of his practises , and that whereas it appeared that he would cause me not only to abandon the Regent , but to be instrumental in perswading the Laird of Grange to be upon a contrary Faction , I would not be that instrument , neither would I desert the King's interest , though he should cause all the rest of my Lands to be taken from me . Seeing that Grange could not be moved to join with the Queens Faction , according to the desire of the Court of England ( for the rest of that Kingdom was sorry to see this kind of dealing ) the English Ambassadour perswaded the Regent to irritate and incense him , by all manuer of slights done to himself , and his dependers . In the mean time my Lord Duke , the Earls of Arguile and Huntly addressed themselves unto him , making their moan , That they being Noblemen of the Country , of considerable Interest , were refused to be admitted in the Society of the rest , who sought their ruine under pretext of the King's Authority , by the Regent , the Earl of Mortoun , and others , not their friends , requesting him to be their Protector , and to assist them during the King's minority . Telling him how that they at first would gladly have joined with the King's Lords , for maintaining the King's Authority , but could not get place , nor be admitted . Thus Grange finding himself neglected with the King's Lords , and sought after by the Queens , he was compelled to declare with that side at length , having with him the Lord Hume , male-content . Also Secretary Lidingtoun , and Sir James Balfour spurring him on to take that course , he was resolved to take that side for his next refuge , he having been among the rest summoned to be forfaulted . Now the two furious Factions being in this manner framed , their hatred and rage grew greater and greater . For Mr. Randolph knew the animosities which were among the Nobility , and the nature of every one in particular , by his frequent coming , and his long residence in Scotland . And among the Ladies he had a Mother , and a Mistress , to whom he caused his Queen frequently to send Commendations , and Tokens . He also used his craft with the Ministers , offering Gold to such of them as he thought could be prevailed with to accept of his offer , but such as were honest refused his gifts . He gave largely to all such , as he knew were able to serve him in his design of kindling this fire , and his endeavours were so successful , that the two parties were not only stirred up to fight , and shed one anothers blood , but would revile each other with injurious and blasphemous words , and at length fell to the down-casting of each others Houses , to which England gave no small assistance , having sent in a number of Men of War to throw down Hamiltoun . This was occasioned by some probability that appeared of a Reconciliation of the two Factions , by the endeavours of some of the most prudent Ministers , who did all they could to prevent the ensuing troubles . And they foresaw that this prejudice was done to the Hamiltouns , to inrage them , so as there might be no hope of agreement when they should see themselves so far injured . Now as Nero stood upon a high part of Rome to see the Town burning , which he had caused to be set on fire , so Mr. Randolph delighted to see such a fire by his craft kindled in Scotland , which was in all probability like to burn it up . And in his Letters to some of the Court of England , he gloried that he had kindled a fire in Scotland , which could not be easily extinguished . Which when it came to the knowledge of Sir Nicholas Throgmorton , he wrote to my Brother Sir Robert , and me , advertising us how we were handled , expressing his detestation both at Secretary Cicil directer , and Mr. Randolph as executer . All the honest Men in England were sorry at it , of which number there are as many within that Country , as in any other so much bounds in Europe . My Brother and I did shew the Letters we had received from Sir Nicholas , to the Laird of Grange , and so many within the Castle as we knew to be secret , which they easily believed , as being Men of great understanding , who had noticed Mr. Randolph's proceedings . Whereupon there were some secret meetings drawn on between my Lord Hume , and my Lord Ruthven as near kinsmen . The Lord Ruthven was in greatest favour with the Regent for the time , being also Treasurer , he was desired to come and speak with my Lord Hume , during the hottest of the Civil Wars . At which time Secretary Lidingtoun , and my Brother Sir Robert , came into communing with the Lord Ruthven , after that he and the Lord Hume had spoken a space together , and did shew him how the Regent was used by England , and how this Kingdom was abused by the tricks of a few , for advancing their selfish ends , and also how that the Earl of Mortoun had desired secretly to come at midnight , accompanied with Mr. Archibald Douglas to the Castle of Edinbrugh , and had entertained long conference with them , desiring their assistance , and he should chace the Earl of Lennox back to England , if they would accept and acknowledge him for Regent in his stead , which they of the Castle would not grant , looking upon the Earl of Lennox as a true Scots-man . And they declared that their denying to assist him at first , was his being sent for and brought in by them . That therefore they feared at the first , that he would have been too much at the devotion of the Court of England , as being an English-man ; and having yet his Lady , Children , and Lands in that Country , and moreover that he should be so led by the Earl of Mortoun , and their factious Enemies , that he would seek their utter ruine , both because that Captain Crauford who had accused the Secretary , was for the time Servant to the Earl of Lennox , and alledged that he had a Commission from the said Earl to give in the said Accusation . And that which gave matter enough to my Lord Hume , was the bringing in of the Earl of Lennox , by the Earl of Sussex , and the taking of his two Houses of Hoome and Falcastle all at one time , which he supposed not to have been done without the Earl of Lennox his knowledge and consent . But since they understood that the Earl of Lennox , and the whole Country was abused by England , Mr. Randolph the Agent , and the Earl of Mortoun ; they were resolved both to agree themselves , and to cause all Scotland agree with the Regent , if he would grant them reasonable conditions . My Lord Ruthven was very glad of this offer , and said he hoped to bring them a good answer from the Regent ; and the rather , because the Earl of Mortoun was absent , being malecontent , for denying to him the grant of the Bishoprick of St. Andrews , which the King's house and the Regent's might ill spare . So he returned with this offer to the Regent , who much rellisht it , and after twice or thrice passing betwixt the Regent with the Lord Ruthven , had concluded a Peace quietly in their minds , none being as yet made privy thereto . But as Ambassadours are great Spies , and commonly suspitious , Mr. Randolph who lay at Lieth , having his own Jealousies of an intention of accommodation , knew the only way to stop it , was to bring again the Earl of Mortoun , who he knew would violently oppose it , and use the utmost of his endeavours to render that Design ineffectual . He therefore dealt earnestly with the Regent , to give the said Bishoprick of St. Andrews to the Earl of Mortoun , alledging to her , That the Queen his Mistress had written to him for that effect , and that she would recompence it to him with greater advantage . That he would cause her hand-writing to come to him thereabout , and that she would be much dissatisfied if he refused that her desire . When the Regent had upon Mr. Randolph's desire granted this , he incontinently advertised the Earl of Mortoun thereof , who immediately came to Court , and smelling the foresaid design of agreement , he used all the contrary practices he could to hinder it . For as he had fished that Benefice in troubled Waters , he hoped by such means to fish much more . And finding that I was much inclined to draw forward the accommodation , one of his Devices was to cause the Councel to Vote and direct the Earl of Buchan to take me Prisoner out of my own house . But I was at a Marriage in Fordel , where the said Earl came , with whom I went willingly , tho I had as many Friends there , as offered to chace him back again without his Errand ; but I would not prejudge my just Cause . For the Earl of Buchan was of a gentle and discreet Nature , and assured me they had nothing to lay to my charge , but to see if I could be a good Instrument of Concord . He desired me when I was in Lieth , to send up to the Castle of Edinbrugh , and alledg that my Life was in hazard , in case they would not render up the Castle to the Regent . I answered , It was a Childish thing in them , to propose such a thing to me , seeing they could not but know that my Friends in the Castle were angrier at me , than they were , because I did not take part with them . However , the Laird of Grange was dissatisfied , when he heard that I was taken . For he knew how far I was injur'd , seeing I had several times perswaded him to take part with the Regent , and how far I had reasoned against the Secretary and Sir James Balfour in their proceedings with the Queens Faction . For seeing she was Captive , so that neither could she help them , nor they her , it would but occasion her to be the stronglier guarded , and kept more straitly in England . For hearing that there was a Faction risen up in her Name , it would cause them to suppose that she was in hope of sudden liberty , by some Practices with the Subjects of England . Sir William Balfour alledged , That her Majesty had Friends in France , and other Parts , who would be more encouraged to do for her , if they understood that a number of the Nobility did own her Authority . I said , That her only Friends were in England and France ; that those who were in England durst not as yet appear , seeing there would be a special Eye held over them , and her French friends would do her no good ; the Queen Mother who had the chief Rule of that Country being her great Enemy , and the House of Guise neither able to help her , nor yet were they her sure friends , as I shall shew more at length anon . I was declaring that the Laird of Grange was angry at my taking , I being so frank for the Regent , and he so willing to join with him . That same night he sent down a Woman from the Castle to Lieth , with a Ticket to me , That he was resolved to come that same night at mid-night , and relieve me out of their hands ; that he had sent that Woman to know how I was kept , and where I was lodged . The Regent's Camp lay between Lieth and Edinbrugh , and many of the Noblemen and Barons lodged in Lieth , for every one had not Pavilions to lodge in the Camp. The Laird of Grange had appointed a Boat to lye at Grantoun , and had resolved to come sailing up to Lieth Harbour , as if it had been a Boat come from Fiffe , and thought without stroke to come to my Lodging , and take me out of my Keepers hands , and go up the water again to a part where he had Horsemen in readiness , to carry me up to the Castle with him . But I would upon no accompt condescend thereto , assuring him , That I was in no danger ; and that my Lord Bughan had promised , when I pleased , to let me slip away , which I would not do , but desired daily to come to a Tryal . Many of the Lords marvelled wherefore I was taken , seeing they knew , That since the Regent's entry to Scotland , I had ever assisted him . The Regent himself was much therewith dissatisfied ; so that after inquiry , it was found , that few of the Councellors knew of my taking . The Earl of Mar , a true Nobleman , said , That the Earl of Buchan for embracing such a Commission , was madder than the former Earl his Father , who was known not to be very wise . But the Earl of Mortoun sent me word , That nothing should ail me more then his own heart . For the fashion they desired me to find Caution , that I should serve the King's Majesty , and his Regent , and so I was dismissed , and never brought before the Council . Of a truth I could see no reason to set up two Factions to destroy the Country , seeing I knew , That though the one party professed to be for the Queen , it was so far from conducing to her advantage , that I knew it had a quite contrary effect so long as she was Captive , nor yet could I see any out-gate for those who professed her Authority , and who were compelled thereto for their own defence . For whereas they would gladly have assisted the King's Lords , if they would have accepted of them ; finding themselves refused ; necessity drew them to defend themselves under the name of some Authority , not true love to the Queen . And therefore I thought them the less to be relyed upon . The rest of my reasons , why the Queen could expect no help out of France from her own friends , nor yet from the Queen Mother , were these , The Queen Mother had not been well used , so long as our Queen's Husband Francis the Second lived . The Council and States of France desired not the Union of this Isle . For a proof hereof , after that my Brother Sir Robert , ( when he returned the first time of his Ambassage out of England ) brought the hand-writings of twenty five principal Earls and Lords in England , to set the Crown of England upon the Queen of Scotland's head . For the Captains in the particular Shires were already named , and by those Lords set down in that Paper , who were to be in readiness to march forward , whenever they should be charged , only they waited the Queens opportunity , and advertisement when to stir . Upon this intelligence , the Queen incontinently did write to France , to her Uncle the Cardinal of Lorrain , desiring him to send to her one of his most secret Servants , to whom she was to Communicate matters of that weight and importance , that she could not hazard to send them in Writing or Cyphers . And accordingly the said Cardinal sent hither one of his most familiar Secretaries , to whom the Queen caused my Brother and me to declare the state of England , and the great party she had there to espouse her interest , as is above specified , desiring her said Uncle to send his advice what time would be most fit for her to stir , and to send what help he and all his friends could procure . This Secretary being returned to his Master , informed him of the whole matter . The Cardinal again to insinuate upon the Queen Mother , and to appear to be a true French-man , acquainted the Queen Mother how prejudicial to the Crown of France , the Union of this Isle of great Britain would be ; that therefore it was her interest all she could to oppose it . He therefore advised her to advertise the Queen of England of the said intended Plot , as the only and most effectual means for preventing it , which the Queen Mother failed not to do . But whatever the Queen of England's thoughts of the truth thereof was , she appeared to give no credit thereto , as if she looked upon it as an Italian fetch to put her in suspicion of her Nobility . This accompt I had from the Queens Majesty her self , complaining to me one day of the Cardinal 's unkind dealing towards her . Therefore I thought I had good ground to say , There was no help to be looked for out of France . And the Duke of Alva who was in Flanders , had plainly refused to give her any help , till the King his Master would command him ; Seeing , as he alledged , he had work enough to do to settle his Master 's own Subjects in Flanders . These were the arguments which I used to move my friends to agree with the Regent , and my indeavours wanted not success , they having come very near a point by the dealing of the two Lords above-mentioned , Hume and Ruthven , assisted by Secretary Lidingtoun : For the Lord Hume would then do nothing without his advice . But after that the Earl of Mortoun was returned to the Court , and had by Randolph's means obtained the Bishoprick of St. Andrews , these two suspecting the probability of the apparent agreement , which had been kept secret from them ; they fell a plotting some way to hinder the same , and concluded to hold a Parliament , wherein to forfault all the Queens Lords , whereby the Regent should utterly ruine his ancient Enemies the Hamiltouns , and there would be a bait to every one of the King's Lords , seeing they should be made sharers of the spoil , and so each of them get wealth enough . Mr. Randolph , for their encouragement , gave them assurance of assistance from England , so that they needed fear no resistance from their adversaries . The Earl of Mortoun had made a great Faction in the Council , partly by representing the Queens Lords as intending to re-establish Popery ( upon which allegiance he knew he would make them odious to the generality of the people ) but especially by promising each of his party a share of the forfaulters of the Queens Lords , so that they were easily brought to consent to a Parliament , to be held at Sterling for the foresaid effect . The Queens Lords to be equal with them , held another Parliament at Edinbrugh both at one time , upon that very same design of forfaulting the King's Lords . The Laird of Grange in the mean time took great displeasure to see Scotsmen so furiously bent against each other , set on by the practises of England , and the extream avarice of some particular men , for their selfish designs , who intended to augment their Estates , and raise their own Fortunes upon the ruines of their Neighbours . Therefore he sent for the Laird of Fernihast his Son-in-law , the Laird of Buccleugh Father to this present Lord , who loved the Laird of Grange better than any of his own kindred ; which Laird of Buccleugh was a man of rare qualities , wise , true , stout , and modest . These two Gentlemen were desired to come well accompanied , and arrived at Edinbrugh in an Evening late . The Laird of Grange had already devised an enterprise , to wit , That same night after they had Supt themselves , and baited their horses , to ride all night forward with them to Sterling , to be there early in the morning before any of the Lords who held the Parliament were out of their Beds , hoping by the intelligence he had received , assuredly to surprise them before they could be advertised . All the Lords and Council found the advice exceeding good , but they would in no ways grant that he should ride with them , alledging , That their only comfort , under God , consisted in his preservation . He on the other hand alledged , His presence would be necessary , for he was acquainted with difficult enterprises , and feared that they would not follow rightly nor carefully his directions . But they ingaged to follow it most strictly , and would not suffer him to ride with them , but the Earl of Huntly , my Lord Arbroth , and divers others went forward with the Forces . These two Gentlemen had brought them , and were at Stirling before Four of the Clock in the Morning , and entred the Town of Stirling at a little passage , led by a Towns-man called George Bell , which entry of theirs was immediately after the Nght-watches had retired to their rest . They divided their Men , and appointed such as they thought meetest to await at every Lord's Lodging , and a Company with Captain Hackerstoun to wait at the Market-Cross , to cause good order to be kept , and to preserve the Town-houses from being spoiled , only they appointed the Stables to be cleansed by Buccleugh and Fernehast's men , giving them commands not to leave one Horse in Town uncarried away with them , which Commission the South-land Lads forgot not punctually to execute : But because Captain Hackerstoun came not in due time with his Company to stand where he was appointed , a number of unruly Servants broke up the Merchants Booths , and run here and there in disorder after the spoil , leaving their Masters all alone . After they had taken out all the Lords from their Lodgings , and were leading them Captives down the steep Cassway of Sterling on foot , intending to take their Horses at the nether Port , and ride to Edinbrugh with their Prisoners . But those within the Castle being allarumed with the noise of the Towns-men , crying out , because of the spoil taken from them , imagining what shame they would indure , if they did not shew themselves Men , and perceiving the disorder of their Enemies , they came down fearlesly upon them , and rescued all the Prisoners save the Regent , whom one came and shot behind his back , commanded as was alledged by my Lord of Pacly . The Laird of Wormistoun was the taker of the Regent , and had been ordained by the Laird of Grange to wait upon him , to save him from his particular Enemies . For they all had ingaged to him , e're they went from Edinbrugh , not to kill one man , else he would not have left them . Wormistoun was also killed against the Regent's will , who cryed continually to save him , who had done what he could for his preservation . The Regent dyed not suddenly , but some days after , and made a very godly end . They who had lost this fair enterprise for want of Granges conduct , had enough to do to save themselves , and had been all taken had not those in Stirling wanted horses to pursue after them . For those who had taken the horses , did ride forward with all possible speed , leaving their Masters in danger to do for themselves . When they were returned back to Edinbrugh , they were very unwelcome guests to the Laird of Grange , who greatly lamented the Regent's slaughter . He said openly , If he knew who had done that foul deed , or had directed it to be done , his own hand should have revenged it . And whereas before he used to be meek and gentle , he could not now command himself , but bursted out in harsh language , calling them disorderly Beasts . For he knew the Regent was inclined to Peace , and was only ignorantly driven on by the Earl of Mortoun , and Mr. Randolph's practises to hold the said Parliament , to the hinderance of concord and agreement , therefore his intention was to bring all the Kings Lords to the Castle of Edenbrugh , and to have made an agreement betwixt them and the other faction before they had parted . But God in his providence would not permit this , for further punishment of our wickedness . For the Parliaments held forward , and each one of them forefaulted others , the Kings Lords came and lay at Lieth , and the Queens within the Town and Castle of Edenbrugh . Mr. Randolph would have had Mortoun made Regent instead of Lennox , but the Lords liked better of the Earl of Marr and chose him . For a little time there was hot skirmishing betwixt Lieth and Edinbrugh , and extream hatred betwixt the two Factions , and great cruelties exercised , where they could be Masters of one another . And frequently the Marshal of Berwick came to Lieth to assist Mr. Randolph privately , tho publickly to find fault with him for his proceedings , which my Lord of Marrs friends perceived , and himself at last , whereupon he began to grow colder in the quarrel , and withdrew himself to Stirling , advising with his friends what was meetest to be done . Alledging that he could see nothing but the wrack of the Country , under pretext of owning the King and Queens Authority , while neither Kings nor Queens was in any of their minds , but only put on by their own partialities of ambition , greediness , and vengeance , England kindling up both the Parties , and then laughing them all to scorn . After this Conference , Captain James Cunningham , servant to my Lord of Marr , a discreet Gentleman , desired a secret meeting with my Brother Sir Robert. In the mean time the most part of the Kings Lords went to Stirling , where the Regent was living . My Lord of Mortoun went to Dalkieth , my Lord Lindsay lay in Lieth . When the Wars grew colder , and notice thereof taken by the Court of England , a new Ambassador was hasted to Scotland , to wit , Mr. Henry Killegrew an old acquaintance of mine . For Mr. Randolph was returned home , because he had not such Credit with the Earl of Marr as to do service to these he served , and had lost the favour of both the Factions . For his double dealing was discovered , he having no Credit but with the Earl of Mortoun . This new Ambassador being Arrived at Lieth upon his way toward Stirling , where the Regent remained for the time , he sent up to the Castle of Edenbrugh to see if I was there . For they had told him in Lieth , that I was newly come from Fiffe . He desired that I would come and speak with him , which I did , and convoyed him unto Cramond reasoning together all the way upon such matters , as he said he had in Commission , chiefly how he might be a good instrument to agree the differences that were between the two Parties , albeit I knew there was nothing less in his mind , at least in his Commission . He said , He had the Queen his Mistress commands to deal with both Parties forConcord , but that he was most concerned in these of the Castle , albeit that outwardly he behooved first to go to the Regent , being in civility engaged to give him the prerogative , yet in effect he said my friends in the Castle were these , to them he was chiefly directed , that they should be preferred both by his first salutation by me to them , and by two familiar Letters , the one from my Lord of Leicester to the Laird of Grange , and the other from Secretary Cicil to Secretary Lidingtoun , desiring me to intreat them to follow the good counsel given therein by the said Lords , who loved them intirely for their vertue , and old acquaintance . Hewi led me to tell them , that after he had declared his Commission to the Regent , he would come back again to them and at length declare his Commission to them from Her Majesty . It appeared to me that he had intelligence how that Mr. Randolph's double dealing had been discovered , therefore he seemed to find fault with him in many things , though in general he excused him as far as he could , until I adjured him upon the long and great familiarity that had been betwixt us , to deal plainlier with me . I told him he might serve his Mistress truly enough , without casting me and my friends upon a wrong side , which might be afterwards our ruin who deserved better at his hands , then to put us in such dangers as if we were untoward , dishonest , or uncounsellable , as Mr. Randolph had done , forgetting the fraternity of Religion so well grounded among us during his banishment in France for Religion . There he was compelled to confess to me , that his Commission and his mind went not one way , and that he was imployed against his will , tho as a Servant he durst not disobey his Princess , he said he would give me his loving counsel , and warning very freely . He said that the Council of England neither built their course here upon the late Regent , nor yet upon this , but intirely upon the Earl of Mortoun as well of their own Plot laid down long since , as by the Information of Mr. Randolph , who hath confirmed them in that Opinion , so that they will not alter for no contrary persuasion . Willing my friends and me to joyn our course and band with the Earl of Mortoun , or else to expect no friendship from the Court of England , but hurt and ruin so far as they might . For albeit he was not Regent , they knew that he had a great Faction in the Country , which they were resolved what they could to encrease , so that whoever was Regent , he should get little or nothing done without his consent . In this I thought he dealt plainly , my friends of the Castle were of that same Judgment , yet they could not find in their heart to joyn with him , albeit he sought their friendship , offering to hold up the Queens Authority , for they thought his course unsure for the King , and setling of the Estate , he being too much addicted to England . After that this Ambassador had been with the Regent in Stirling , and was come back again to Edinbrugh , he told the rest of his Commission to them of the Castle , to whom he used himself but like an Ambassador as he was directed . He said that he found them more reasonable , then the Regents Party . Then he went to Dalkieth to meet with the Earl of Mortoun , and thereafter returned to Edinbrugh , to wait all fit occasions and informations how to proceed conform to the tenor of his instructions . He had Commandment to stay in Scotland for a time , to see if he could obtain as much Credit , as to serve their turn who sent him . And because I was of his greatest acquaintance , he came with me to my house in Halhil , and stayed a few dayes there to refresh his Spirits , and after that I convoyed him back again to Edinbrugh , he shewed me some Articles of his instructions one of the which was . Item , If the Captain of the Castle will condescend , that all the differences now in question among the Scots , be referred to be decided before us and our Councel , as the rest of the Kings Lords have granted already , we shall be his good friend , maintain him in his Office , and give him an honourable Pension . But he plainly refused to comply with this , saying he would prejudge his Prince , and Country , so that this , and his other former refusals cost him his life afterwards . About this time my Lord Regent sent a Letter to me , with all diligence to come to him . At my coming he made a heavy moan for the civil troubles that were kindled in the Country , by the Craft and Malice of some in England , and some in Scotland , taking the colour of this or that authority , and yet were only moved with their own particularities to the hurt both of King , Queen and Country , desiring me that I would go unto the Castle of Edinbrugh , and shew them as of my own head and not as from him , that I understood he perceived albeit too late , how that we were all led upon the Ice , and that it was the Interest of all true Scotsmen to agree , that the State may be setled . And says he , you may desire them to seek to treat with me thereabout which you may assure them they will obtain , if they will seek the same . And offer your self to be the instrument to br●ng on a good agreement between them and me , which shall by Gods Grace take good effect upon your return with their reasonable offers and answer . Whereupon I went to Edinbrugh , and found them all inclined to peace and quietness , with little need of persuasions thereto , for they were near a point before with my Lord of Lennox , and some former Conference had been betwixt my Brother and Captain Cunningham thereabouts . At my return to the Regent , he was very glad , saying , he knew that these honest Gentlemen were ever willing to cease from civil discord , seeing the Queen was Captive , to whom their owning her authority could do no good but evil ; but that they had been by crafty practises cast against their wills upon a contrary course . Then he inquired upon what conditions the Captain and his friends would agree ; I said that the Laird of Grange would not sell his Duty to His Prince and Country for advantage , but would serve the King and his Country to settle the Estate ; so long as the Queen was detained in England , and if God pleased to grant her liberty , they doubted not but she and her Son should agree betwixt themselves , to which all honest and good Subjects would consent . They for their parts desired no Mans Land nor Goods , but only Liberty peaceably to enjoy their own Livings . Only Grange desired that the Regent would cause to pay certain Debts contracted for repairing of the Castle and Artillery , which conditions the Regent promised to fulfil , and to be an assured friend to Grange , and those in the Castle . And without any other Ceremonies , he called the Laird of Tillibardin , and after he declared unto him how far we had proceeded , he put his hand in mine and did swear the Peace in presence of the said Tillibardin , who had also been a good Instrument in the said agreement , together with Mr. Clement Little afterwards Provost of Edinbrugh . No man was privy thereto , but my Lady Mar , and Captain James Cuningham . After this , the Regent went to Edinbrugh , to Convene the Lords of Councel , to shew them the Calamities that the Civil-Wars produced , and to let them see how necessary an agreement would be to the whole Country . In the mean time , until the appointed Councel-day , he went to Dalkieth , where he was nobly treated by the Lord of Mortoun , shortly after which he took a vehement sickness , which caused him to ride suddenly to Stirling , where he dyed regrated by many . Some of his friends , and the vulgar , suspected he had gotten wrong at his Banquet . The Earl of Mortoun , after the decease of the Earl of Marr was made Regent , England helping it with all their might ; so soon as he was chosen he sent for me , declaring how that against his mind and inclinations , the Lords had burthened him with that troublesome Office , whereof seeing he behoved to accept , he could wish that he might stand the Country and Common-wealth in some stead . First he would desire the help of all good and honest men , to draw on Peace and Concord to the quieting the State , praying me as one for whom he had ever entertained special favour , to travail with my friends of the Castle for that effect , and to persuade them to go forward with him , as they were minded to do with the Earl of Marr , assuring me that none of the former Regents had at any time been more willing , then he was presently to put an end to the civil troubles , nor that I should remember less the partialities past , and that the Regent should not revenge the Earl of Mortoun's quarrels . But whoever would serve the King and be his friend , he would embrace them upon what faction soever they had formerly been . And he was willing to give whatever conditions the Earl of Marr had offered , that I should have the Priory of Pittenweem for my pains , the Laird of Grange the Bishoprick of St. Andrews , and Castle of Blackness , and every one within the Castle should be restored to their Lands , and Possessions as before . It was very hard to bring on this agreement with the Earl of Mortoun , for the evil opinion which was conceived of him , and the hurtful marks they supposed by proofs and appearances that he would shoot at , being by nature covetous and too great with England , and ever Jealous that the King would be his ruine , concerning which a Lady who was his Whore , had shewn him the answers of the Oracles . Yet the Laird of Grange , who was ever willing to see Concord in the Country , was easily persuaded , the Lord Hume , and Lidingtoun made some resistance at the first , but were also at length content . So that after I had past twice or thrice between them , they appeared to be agreed in their hearts , and the Laird of Grange said , he would cause all the rest of the Queens faction to agree with the Regent , but he refused to take the Bishoprick of St. Andrews and Castle of Blackness , desiring nothing but his own Lands . When I returned to the Regent with this answer conform to his desire , he was marvellously glad ; but when I declared that the Laird of Grange would be a good instrument to cause all the rest of the Queens faction agree also with him ; he answered , that was not meet . And when I reasoned against him , and shewed him how that I had spoken in his name , that he was resolved to have agreed all Scotland , and that Grange had no quarrel of his own , but to help a number of Noble-men who required his Protection during the Kings Minority , and had requested the Regent once to agree with them altogether , for Granges honour , and afterwards he and all these of the Castle should band with him , and lay aside all other bands . The Regent answered , and said , James I will be plain with you , it is not my Interest to agree with them all , for then their faction will be as strong as ever it was , thereby they may some day circumvent me if they please , therefore it is my game to divide them . And moreover there have been great troubles in this Country this while by-gone , and during them great wrongs and extortions committed , for the which some fashion of punishment must be made , and I would rather that the Crimes should be laid upon the Hamiltouns , the Earl of Huntly , and their Adherents , then upon your Friends : and by their wrack I will get more profit , then by that of those in the Castle , that have neither so great Lands to escheat to us , as the reward of our labours . Therefore shew Grange and your friends , that either they must agree without the Hamiltouns , and the Earls of Huntly and Arguile , or the said Lords will agree without him , and these of the Castle . To this I answered , That I understood him , his Speeches being very plain , with this I went again to the Castle , and rehearsed our whole reasoning , Grange said it was neither godly or just dealing , to lay the blame upon those who were richest for their Lands and Goods , and not upon them who were guiltiest , seeing these Noblemen had been ever willing to agree , after that the Queen was kept in England , but could not be admitted . And yet if now they would abandon him , and agree without him , and those in his company , he had deserved better at their hands , yet he had rather that they should leave and deceive him , then that he should do it unto them . When I had given this return to Mortoun , and that he perceived that Grange stood stiff upon his honesty and reputation , he appeared to like him the better , and seemed as if he had been resolved to go forward with these of the Castle . He sent up Carmichael at my desire , to hear out of their own mouths so far as I had spoken in their name ; they of the Castle likewise sent Pittadrow to the Regent to hear out of his own mouth , so far about the agreement as I had said to them in his name . This I did for my discharge , whatsoever might come afterwards . The Regent asked at what time the Castle of Edinbrugh should be delivered to him , I said , within half a year . What security said he , shall I have for it ? I said , I should be a Pledg if he would accept me . Then he enquired wherefore I sought so long delay ? I answered in the first place , till all Articles and Promises might be performed , and likewise because though the Laird of Grange was ever esteemed an honest man , yet by wrong Reports and Practices the Ministers have been stirred up to cry out and preach against him , therefore to inable him to serve for the future , it would be some satisfaction to his mind , to let the world see that as well after the agreement as before , he should be esteemed alike honest and worthy to keep the house , and then at the time appointed the Regent should be intreated to receive the Castle out of his hands . He appeared to be very well content with this manner of dealing , and gave me great thanks for his travel I had made , desiring me to go home , and he in the mean time would convene the rest of the Noble-men of his side , and acquaint them with his Proceedings , and take their advice and consent to this good work , which he doubted not to procure , and thereafter he said , he would send for me again and put the form of the agreement in Writing . But he took immediately another course , and sent a fit man to the Hamiltouns , the Earls of Huntly , Arguile , and their dependers , and offered an accommodation to them , if they would be satisfied to make an agreement by themselves not including Grange and those in the Castle , which condition they accepted of , without making therein any Ceremonies , whereof they by their Letters instantly from Pearth advertised the Laird of Grange , lamenting that the straits they were redacted to , had compelled them to accept that agreement which the Regent had offered them , praying him not to take it in evil part , seeing they had no house nor strength to retire themselves to . They gave him many thanks for the help and assistance he had made them , which they said , they would never forget so long as God would lend them their lives . This was the recompence this good Gentleman obtained for the great help he had given the Lords , the hazard he had run upon their account , and the Charges he had been at in aiding them , not imagining that the Regent would be so malitious as to cast him off , and not except of his friendship which he incontinently offered , after the rest were agreed : but from that time forth the Regent would hear none of his offers , persuading the rest of his Faction that these of the Castle were so proud and wilful , that they refused to serve the King , or acknowledge him as Regent . And this was Published and Preached , and yet the contrary was true , For they would have taken any reasonable appointment . What rage was in the Regents mind for greediness of their Lands , and Goods , or what should have induced him to bring an Army from England to besiege the Castle of Edinbrugh , I know not , it being to the dishonour of his Prince and Country , seeing a little before the Castle was offered to the Earl of Rothess , to be instantly delivered unto his hands , to be kept to the Regents behoof , which was refused . So that apparently he had some other fetch in his head , then a man esteemed so wise should have had , seeing he might have obtained his intent without the help of England , having all Scotland at his Devotion , saving that few number without the Castle , who would likewise have agreed upon any reasonable condition . Thus the Castle of Edinbrugh was straitly besieged with an English Army under the Conduct of the Marshal of Berwick , assisted by all Scotland . These within seeing they could not be received upon any composition , debated so long as they had victuals and water . For their Draw-well dryed by the drouthy Summer , and they had no other water but what they fetched , letting men with Cords down o're the Walls , and Rock of the Castle to a Well on the west side , which was afterward poysoned , whereby so many as escaped the Shot dyed , and the rest fell deadly sick . Yet the Laird of Grange undertook with Eight persons to keep the Castle untaken by force , of the which number , were the Lord Hume , my two Brothers , Sir Robert , and Sir Andrew , the Laird of Pittadrow , and his Brother Patrick . This resolution being taken the Laird of Chesh , and Matthew Colvil his Brother were sent to the Castle , under the pretext of making offers of agreement , but their design was to get intelligence of the State of the House , and to seduce the Soldiers who were yet alive , which they did , so that some fled out over the Walls , and others were shut forth . For the Captain thought the house in a better condition both for Victuals and otherwise , when they were forth . The Marshal of Berwick seeing no appearance to succeed , entred into contention with the Ambassador , alledging that the Queen his Mistress would be dishonoured , and said , he would wait no longer , whereupon they without entred on a new Communing , and sent up again the Laird of Cleesh to offer them good conditions to come forth with their Armour and Bag and Baggage , which was agreed to , and that they should be restored to their Lands , and because for the time they were in other mens possession , it was referred to themselves whether they would go to England with the Marshal of Berwick , or remain in Scotland among their friends , until the promise made them of restoring them to their Lands might be fulfilled . The Englishmen desired that the Castle should be put in their hands , but Grange sent secretly to Captain Hume , and Captain Crauford , desiring them to come and ly within the Bulwark betwixt the House and the English men , and to those he delivered the Castle , and his person to the Marshal to go with him to England , until all promises might be kept to him , and the rest by the Queen of Englands means . In this manner they came forth , after that George Duglas natural Brother to the Regent , had received the House , they had all their Swords and Weapons about them , and were three dayes at liberty . My Brother Sir Robert lay with me at his own Lodging , the Laird of Grange and the Secretary Lidingtoun remained yet with the Marshal of Berwick at his Lodging for their greater security , because that the people of the Town of Edinbrugh were greatly their Enemies . For except a few that tarried within the Town during the Civil Troubles between the Parties that lay in Edinbrugh and Lieth , the most part of the richest Men and Merchants left the Town and went to Lieth , to take part with the Regent , therefore their houses were spoiled , upon which account they did bear great hatred to those in the Castle . But at the end of three dayes , they were all laid hands upon , and taken as Prisoners . For some of their most malitious enemies put it easily in the Regents head , and the Ambassadors , that it was well done to move the Queen of England to cause to deliver the whole Prisoners to the Regent to be disposed upon at his pleasure , alledging they had no surety but a naked promise which they needed not to keep , and because these of the Castle confided wholy on the Marshals promise , the Ambassador was advised to prevent the Marshals Writing , so that er'e he did write to the Queen thereabout , her Letter came to him to deliver up the Prisoners who had been in the Castle , to the Regent . And he durst not disobey her Command , the same being so peremptory , tho he obeyed it with much regret , and great reluctancy , by reason of his promise , and returned malecontent to Berwick . And they in the Castle were Committed to strait ward , and thereafter new Letters were purchased by the Regent from the Queen , that he might execute them , which she willingly permitted , for she would gladly have been quit of my Lord Hume , and Grange , as being two true Scotsmen , unwonable to England to do any thing prejudicial to their King or Country , and of the Secretary Lidingtoun , but he dyed at Lieth , after the old Roman fashion as was said , to prevent his coming to the Shambles with the rest . As for the Lord Hume , the Regent durst not meddle with him , he standing in awe of Alexander Hume of Manderstoun , Coildinknows , and the Good man of North Berwick , and the rest of that name , who boasted with very proud Language . He dyed shortly after , being warded in the Castle of Edinbrugh . Mr. Killegrew the English Ambassador desired no other reward for his labour , but the preservation of my Brother Sir Robert's life , for he was obliged formerly to him and me . The Composition was kept to all the rest of the mean Gentlemen . The Priour of Coldingham , and Laird of Drylaw were afterwards set at liberty . Sundry of the Captains of Berwick went up to the Castle by the breach beat down in the fore Wall by the Canons , that they might say that they had won the Maiden Castle . But this was after that the house was delivered over to the Regents Brother , yet he would not suffer them to enter there with any number . On this manner both England and the Regent were revenged upon that worth Champion , whom they had sometimes in great estimation , who had done such notable service in France , being Captain of an hundred light Horsemen , that he was extolled by the Duke of Vendome , Prince of Conde , and Duke of Aumale Governors and Colonels then in Picardy , that I heard Henry the 2d , point unto him and say ; yonder is one of the most Valiant Men of our Age. Also the King used him so familiarly , that he chose him commonly upon his side in all pastimes he went to , and because he shot far with a great Shaft at the Butts , the King would have him to shoot two Arrows , one for his pleasure . The great Constable of France would never speak to him uncovered , and that King gave him an honourable Pension , whereof he never sought payment . England had proof of his Valour frequently against them upon the Borders , where he gave them divers ruffles . In a single Combate , he vanquished the Earl of Rivers's Brother between the two Armies of Scotland and England . He afterward Debated manfully the liberty of his Country against the French men , when they intended to erect the Land into a Province . He had lately refused the demands of Mr. Randolph , and Mr. Killegrew , as is before mentioned , and had reproached both the said Ambassadors of false and deceitful dealing . Last of all he had refused to put the Castle into the hands of English men , and therefore because he was true to his Prince and Country , it cost him his life . For they boasted plainly to bring down that Gyants pride , who as they alledged , presumed to be another Wallace . Albeit contrariwise he was humble , gentle , and meek , like a Lamb in the House , but like a Lyon in the Fields . He was a lusty strong and well proportioned personage , hardy and of a magnanimous Courage , secret and prudent in all his enterprises , so that never one that he made or devised misgave where he was present himself . When he was Victorious he was very merciful , and naturally liberal , an enemy to greediness and ambition , and a friend to all men in adversity . He fell frequently in trouble in protecting innocent men from such as would oppress them , so that these his worthy qualifications , were also partly causes and means of his wrack : For they promoted him so in the opinion of many , that some loved him for his Religion , Uprightness , and Manliness ; others again depended upon him , for his good fortune and apparent promotion , whereby divers of them hoped to be advanced and rewarded , supposing that Offices and Honours could not fail to fall to him . All which he wanted through his own default , for he had fled foom Avarice , and abhorred Ambition , and refused sundry great Offices , even to be Regent , which were in his offer , as well as other great Benefices and Pensions . Thus wanting place and subsistance to reward , he was soon abandoned by his greedy and ambitious dependers : for when they saw him at a strait , they drew to others , whom they perceived to aim at more profitable marks . On the other hand he was as much envied by those who were of a vile and unworthy nature , of whom many have made Tragical ends for their too great Avarice and Ambition , as shortly after did the Earl of Mortoun . This gallant Gentleman perished for being too little ambitious and greedy . But so soon as the King's Majesty came to perfect age , and had understood how matters had gone during his minority , he caused to restore the Heirs of the said Laird of Grange , whom he said was wracked contrary to the appointment made with the Marshal of Berwick , and also ordered his bones to be taken up and buried honourably in the ancient Burial place of his Predecessors in Kinghorn . After his death the Marshal of Berwick took so heavy displeasure , finding himself so far affronted , because of the breach of his promise , and that the appointment which he had made with the Castle of Edinbrugh was not kept ; that he would tarry no longer in his Office at Berwick , seeing he judged he had lost his credit and reputation , for he was a plain Man of War , and loved Grange so dearly , that at his request , he spared to cast down the Houses of Seatoun and Nidrie , when he came in to cast down the House of Hamiltoun . Likewise all the Officers of Berwick lamented the loss of so worthy a Captain . The Regent triumphed for a while , because of the great assistance that England made to him , which they had never done to any of the former Regents , but rather stirred up factions and parties against them , to keep the Country in discord . The causes that moved them so to assist him , were , That they believed the old jealousies betwixt the Stuarts and Douglasses should by him be brought to an end , the young King being in his hands , to be disposed of at pleasure ; the Queen his Mother being already Captive in their hands , which two only could join Scotland and England in one Monarchy . Therefore above all others the guiders of the Court of England for the time , wished them out of the way , as well for the great Offices done by them both to King and Queen , as for the desire they had to destroy that Race and Line , to place some of their own friends to succeed to the Crown of England . So thinking that the Regent's mark in Scotland , and theirs in England was conformable ; they established and fortified him in his Regiment , though God in his goodness suffered not their practises to take effect . For the Regent wanting Heirs of his own body , and having no Competitors to stay him from doing any thing that he pleased , when he thought the time meet , he delayed matters , and in the mean time bent his whole study how to gather riches , and how to suck out substance both from England and Scotland , moving England thereby too late to repent , that they had not preserved the Laird of Grange to be an awe over the Regent , as he kept the King to be an aw over them . And as he was crafty , so he was fearful and slow of nature , and thought the Earl of Angus his Brother's Son yet too young , and not capable to comprehend his hidden intention , and therefore he was long of resolving . In the mean time serving his own turn with England , as they did with all the World , when they were like to have any trouble among themselves , or with their Neighbours ; then he compelled them to send him mony , which they were necessitated to do , though sore against their heart , with a hidden despight and secret hatred at his slowness on the one part , and covetousness on the other . This Regent held the Country in an established Estate , under great obedience , better then for many years before or since . For there was not another Earl of Mortoun to stir up the factious Subjects , as he used to do against the rest of the Regents , which made him so proud and disdainful , that he despised the rest of the Nobility . And using no Mans counsel but his own , he became ungrateful to all his old Friends and Servants . And being under pretext of Justice , used to commit divers wrongs and extortions , he caused to begin a Process against the Laird of Fentry , because many years before a Thief had made his escape out of his hands , and against the Laird of Seafield for a piece of Land ; and against Mr. James Thorntoun for his Benefice . Thus as he had lost the favour of England , so did he by such ways the hearts of all Scotland , but only of George Auflech , and Alexander Gerdan . As for the Laird of Carmichael , he lamented to me grievously of his ingratitude toward him , and was minded to leave him , untill I gave him counsel to help himself by the hurtful experience of the Laird of Grange , and Walter Melvil my Brother , who was one of the Gentlemen of the Earl of Murray's Chamber , which two lost his favour so soon as he became Regent . And likewise I told him , that very way I lost him my self , for we had been long familiar with him , and had assisted him in all his troubles , but when he was Regent , we would with our wonted freedom reprove , admonish , and tell him his faults , whereby we lost his favour . And others who formerly had ever been against him , came in and flattered him in all his proceedings , and stouped very low to him , calling him Your Grace at each word . These men , I said , won him , and we lost him . And apparently , said I , to Carmichael , you follow the like foolish behaviour as we did , therefore you must take up another kind of doing . And seeing your friend is become Regent , imagine that you was never acquainted with him before , but that you are entring to serve a new Master : Cast never up your old and long service , cringe low , Grace him at every word , find no fault with his proceedings , but serve all his affections with great diligence , and continual waiting , and you shall be sure of a reward . Otherwise all your former time spent in his service will be lost , and he will hate you , and take a despight at you , which may bring on afterwards a greater wrack . Carmichael gave me great thanks and his hand , that he would follow this counsel , which he afterward did very punctually , and so became a greater Courtier then ever , and was employed and rewarded , and had credit to do pleasure to his friends , but I found him not thankful afterwards to me for my counsel . Now the young King was brought up in Sterling , by Alexander Areskine , and my Lady Mar. He had four principal Masters , Mr. George Buchuanan , Mr. Peter Toung , the Abbots of Cambuskenneth and Drybrugh , descended from the House of Areskine . The Laird of Drumwhasel was Master of his Houshold . Alexander Areskine was a gallant well natur'd Gentleman , loved and honoured by all Men , for his good qualities , and great discretion , no ways factious nor envious , a lover of all honest Men , and desired ever to see Men of good Conversation about the Prince , rather then his own nearer friends , if he found them not so meet . The Laird of Drumwhasel again was ambitious and greedy , his greatest care was to advance himself and his friends . The two Abbots were wise and modest . My Lady Mar was wise and sharp , and held the King in great awe ; and so did Mr. George Buchuanan . Mr. Peter Toung was more gentle , and was loath to offend the King at any time , carrying himself warily , as a Man who had mind of his own weal , by keeping of his Majesty's favour : But Mr. George was a Stoick Philosopher , who looked not far before him . A man of notable endowments for his learning and knowledge in Latin Poesie , much honoured in other Countries , pleasant in Conversation , rehearsing at all occasions Moralities short and instructive , whereof he had abundance , inventing where he wanted . He was also Religious , but was easily abused , and so facile , that he was led by every Company that he haunted , which made him factious in his old days , for he spoke and wrote as those who were about him informed him : For he was become careless , following in many things the vulgar opinion : For he was naturally popular , and extreamly revengeful against any Man who had offended him , which was his greatest fault . For he did write despightful invectives against the Earl of Monteeth , for some particulars that were between him and the Laird of Buchuanan . He became the Earl of Mortoun's great Enemy , for that a Nagg of his chanced to be taken from his Servant during the Civil Troubles , and was bought by the Regent , who had no will to part with the said Horse , he was so sore footed and so easie , that albeit Mr. George had oft-times required him again , he could not get him . And therefore though he had been the Regent's great Friend before , he became his mortal Enemy , and from that time forth spoke evil of him in all places , and at all occasions . Drumwhasel also because the Regent kept all the Casualties to himself , and would let nothing fall to others who were about the King , became also his great enemy , and so did they all who were about his Majesty . The Regent again Ruling all at his pleasure , made no accompt of any about the King , untill a discreet Gentleman called Mr. Nicholas Elphingstoun advertised him , That the King had no kindness for him , advising him , albeit too late , to bestow part of his Gold unto so many of the King's Servants , as were thought to be most wonable , seeing he was envyed of many , and hated of every Man , especially by those who were in Sterling about the King. He gave to one that was in mean rank Twenty five pieces of Gold , at Twenty Pound the Piece ; what he gave to others I cannot tell , but such as had spoken ill of him before , durst not alter their language , because of the King's Wit and good Memory , who could check any that he perceived had first spoken evil , and then began to speak good again . As his Majesty had done to one of the company , alledging , That he had changed his Coat , as I was afterward informed ; so that the Regent was too long in dealing part of his Gold to those about his Majesty , who increasing in years and knowledge , sundry Gentlemen began to look after Service , and turned On-waiters . Among others James Stuart Son to the Lord Oghiltrie a young Man of a busie Brain , had an aspiring Spirit , and through time won great favour and credit with his Majesty . And though he was not well liked by those of the Castle of Sterling , yet he was the more overseen , because he gave continually evil information to his Majesty of the Earl of Mortoun , and so did also my Lord Robert Earl of Orkny , who had been warded , and hardly handled by the Regent for some double dealing with Denmark , as was alledged . The Regent being in this manner brought in disgrace with his Majesty ; when he was upon the height of the wheel , the Earls of Arguile and Athol were secretly practised , and drawn to Sterling by Drumwhasel with the consent of Alexander Areskine , Master of Mar , and Mr. George Buchuanan ; by whose advice and counsel , his Majesty was easily moved to depose the Regent from his Office : who yielded easilier thereto , then any Man would have believed , against the opinion of his friends , retiring himself to the House of Lockleven within the Logh , for the surety of his person , until he might understand what was like to follow thereupon , and what might be the next best for him to do . The King's Majesty having attained unto the Age of years , ordained a Council to sit at Edinbrugh for ordering the Affairs of the Realm . The Earl of Athol was made Chancellour , because the Lord Glams was a little before slain in Sterling by the Earl of Grauford as was suspected , though he denied the deed , and purged himself thereof , as far as he could . The Earl of Arguile , and the Master of Mar stayed in Sterling with the King's Majesty . During the time that this new Council sate in Edinbrugh , the Earl of Mortoun who was quiet in Lockleven , making the walks of his Garden even ; his mind was in the mean time occupied in crooked paths , plotting how to be brought again to be Master of the Court , which was accomplished upon a night at midnight . When he came to the Gates of the Castle of Sterling , they were opened unto him by the two Abbots , and a Faction that they had drawn in there with them . Albeit the Master of Mar , and Earl of Aguile made what resistance they could , where the Master 's eldest Son dyed in the throng , yet the enterprisers prevailed , and brought in again the Earl of Mortoun , and put out the Earl of Arguile , the Master of Mar , Drumwhasel and such others as they misliked , and so made a new change at Court. Where the Earl of Mortoun handled the matter so discreetly , and moderately as he could , that the alteration should not appear to be over sharp or violent . The new chosen Council scattered incontinently , some of them retiring home , and some joined with the Earl of Mortoun , hoping never to see a turn again . About this time came out of France my Lord of Aubonie , who was afterward made Duke of Lennox , who was Brother's Son to the Earl of Lennox , and obtained afterward great credit and favour . James Stuart of Oghiltrie , of whom I formerly made mention , assisted him through process of time , to perswade the King's Majesty to desire to ride out of Sterling , and make a progress among the rest of his Subjects , which the Earl of Mortoun could not resist , supposing that it lay in his power to frame the Court at his pleasure . For by his great wealth he was resolved to gain so many as he judged necessary , and so by the multitude of his friends to bear out the business ; however the Court was ruled after he had obtained a discharge , and alliance of his intromission . For though during the time that he was Regent , he was always strongest about the King , but my Lord Aubony and James Stewart were most in favour , who by their continual rounding in the King's Ear against the Earl of Mortoun , ingendered at last a greater dislike in the King of him , then he had before . And as James Stuart was the stirrer up of the other , so afterward , when he found the time convenient , he took occasion to accuse the said Earl before the Council of the late King's murther . Whereupon the Earl of Mortoun was made Prisoner , and sent first to the Castle of Edinbrugh , and afterward to the Castle of Dumbartoun , which was thought strange in respect of his many friends that were in Court for the time , who were then found to be but friends to his fortune . For he was loved by none , and envied and hated by many , so that they all looked through their fingers to see his fall . England was also angry at him for the time , because of his slowness to answer their turns , which they had hoped for at his hands , having put the King and Country in his power . Yet they made some offer to assist him , which occasioned to hasten his ruin . For they sent down Seventeen Companies to the Borders , boasting to send a greater number , and to declare open War , in case the Earl of Mortoun was not set at liberty , and the Lord Aubony put out of Scotland . Mr. Randolph was sent in with this Ambassage . His Majesty again having these two young Counsellors about him , who knew of no perils , raised a Taxation to pay Soldiers , and caused to make a Proclamation for every Man to be in readiness upon a call , which moved the English to retire , and leave off endeavouring any more his assistance , encouraging thereby such as were deadly Enemies to the Earl of Mortoun to ride to Dumbartoun with a thousand raised and hired Men , together with their own friends , to bring the Earl of Mortoun back again to Edinbrugh to undergo an Assize . Some of the Earl's friends convened to take him out of their hands , but found not themselves strong enough . They might have done it , had it not been the Forces which had been newly levied , occasioned by the threat'nings which England had made . Being brought to Edinbrugh , he found few friends to appear or act for him . His Gold and Silver was transported long before , by his Natural Son James Douglas , and one of his Servants called John Mac-Morran . It was first carried in Barrels , and afterward hid in some secret parts , part whereof was given to be kept by some who were lookt upon as his friends , who made ill accompt of it again , so that the most part thereof lighted in bad hands , and himself was so destitute of mony , that when he went through the Street to the Tolbooth to undergo his Assize , he was compelled to borrow Twenty shillings to distribute to the Poor , who asked Alms of him for God's sake . The Assize condemned him to death , as being Airt and Pairt in the King's murther , and as being of Councel with the Earl of Bothwel , who brought him out of banishment , when he was absent for the slaughter of David Rixio . He granted that he was made privy thereto , but had no hand in devising thereof : And as concerning the young King , he owned that he purposed to send him to England for his weal , that he might the rather obtain his Right to the Crown of England , being within the Country , and brought up among them . He dyed resolutely , and had ended more perfectly , if he had declared and confessed his Worldly practises and fetches to nourish the Civil Troubles , partly at the devotion of England , and partly for his own particular profit , during the Government of the first three Regents , which occasioned great blood-sheding that commonly cries to Heaven for vengeance . During the King's young years , the partialities were so great , and the whole Country so disturbed by the two several parties , who alledged to fight and strive for the King and the Queen , being then Captive in England , and the King yet very young ; that many perceived them to be but factious , ambitious , avaritious , greedy , worldly , wretched persons . Both parties were craftily stirred up , and kept in trouble by one only Faction in England , who had that Queens Ear , intending the wrack as well of our King as Queen , to advance some of their friends to inherit the Crown of England , which occasioned a great out-cry against our foolish contentions . After that the Earl of Mortoun , the last of the four Regents was deposed , the King's Majesty , being young , took the Government into his own hands , my Lord of Aubony being made Lord Dalkieth , and afterward Duke of Lennox , was chief about his Majesty , and James Stuart formerly mentioned ; who afterward took unto himself the style , and then the Earldom of Arran , thinking that he had done great Service , and deserved well for accusing and wracking the Earl of Mortoun , he married the Earl of March his Relict . The Duke was of nature upright , just , and gentle , but wanted experience in the state of the Country . At the first he was wholly guided by the said James Stuart and his Wife , who both began to envy him , and therefore they endeavoured how they might cast him off , that they might attain to the sole management of Affairs : And for this end they gave him bad advice , and sinister informations against sundry of his best friends . And being likewise Educated a Papist , and suspected to be at the Duke of Guise's devotion , and therefore a dangerous Man to be about his Majesty ; the whole Country was stirred up against him ; England by their Ambassadour helping to kindle the fire . Mr. David Macgil , and Mr. Henry Keer were his chief Councellors , both wise enough for their own profit , but careless of his standing , and therefore not fit to counsel him who was his Majesty's greatest favourite . At the instigation and mis-information of the Earl of Arran , and his Lady , he first did cast off his true friend the Master of Mar Captain of the Castle of Edinbrugh , and after that Sir William Stuart Captain of Dumbartoun , and then Alexander Clerk Provost of Edinbrugh , and the Earl of Gaurie Treasurer . The rest of the Nobility were also dissatisfied , to see these two young Lords only in favour with the King , finding that they both did aim at Noblemens lives , for their Lands . And albeit some of them misliked the Earl of Mortoun's proceedings , yet they judged the taking of his life an hard preparative . They likewise suspected Religion to be in hazard , the one being a Papist , and the other a scorner of all Religion . They thought that from two such Counsellors , no wholsome advice could proceed for the peace of the Country , and the establishment of Religion . Therefore a number of them consulted together , to displace both the Duke , and the Earl of Arran , to send the one to France , and to remove the other from Court. In the mean time , they resolved to throng themselves in about the King , and to make a reformation of the abuses , and to inviron his Majesty with their Forces , so soon as he came to Dumfarmling , whither he had appointed to come at his return out of Athol , where he was for the time ahunting , and to present to him this Supplication . IT may appear strange to your Majesty that we your most humble and faithful Subjects , are here convened beyond your expectation , and without your knowledge ; but after your Majesty hath heard the urgent occasion that hath pressed us hereto , your Majesty will not marvel at this our honest , lawful and necessary enterprise . Sir , For the dutiful Reverence that we owe unto your Majesty , and for that we abhor to attempt any thing that may seem displeasing to your Majesty , we have for the space of two years suffered such false Accusations , Calumnies , Oppressions and Persecutions , by means of the Duke of Lennox , and him who is called Earl of Arran , that the like Insolencies and Enormities were never heretofore born with in Scotland . Which wrongs , albeit they were most intolerable , yet when they only touched us in particular we comported with them patiently , ever attending when it should please your Majesty to give a remedy thereto . But seeing the persons aforesaid have plainly designed to trouble the whole Body of the Common-Wealth , as well the Ministers of the blessed Evangel , as the true Professors thereof , but in special , that number of Noblemen , Barrons , Burgesses and Commonalty , who did most worthily behave themselves in your Majesties Service , during your youth ; whom principally and only they molest , and against whom they use most extremity and rigour of Laws , oft-times most sinistrously perverting the same for their destruction , so that one part of these your best Subjects are Exiled , another part Tormented , and put to questions , which they are not in Law obliged to answer ; and withal execute with partiality and injustice all your Laws : And if any escape their barbarous fury , they can have no access to your Majesty , but are falsly calumniated , and debarred from your presence , and kept out of your favour . Papists and most notable Murtherers are called home daily , and restored to their former honours and heritages , and oftimes highly rewarded with the Offices and Possessions of your most faithful Servants . Finally your Estate Royal is not Governed by the Council of your Nobility , as your most worthy Progenitors used to do , but at the pleasure of the foresaid persons , who enterprise nothing but as they are directed by the Bishops of Glascow and Ross , your denounced Rebels , having with them adjoyned in their ordinary Councels the Popes Nuntio , with the Ambassador of Spain , and such other of the Papists of France as endeavour to subvert the true Religion , and to bring your Majesty in discredit with your Subjects . They travel to cause you negotiate and traffick with your Mother , without the advice of your Estates , perswading your Majesty to be reconciled with her , and to associate her conjunctly with you in the Authority-Royal , meaning nothing other thereby but to Convict us of Usurpation and Treason . And so having these your best Subjects out of the way , who with the defence of your Authority maintained the true Religion as two things united and inseperable , what else could have followed but the wrack and destruction of both ? For conclusion , your whole native Country , for which Sir you must give an account to the Eternal God , as we must be answerable to your Majesty , is so perturbed and altered , and the true Religion , the Commonwealth , your Estate and Person are in no less danger , then when you were delivered out of the hands of the cruel Murtherers of your Father , who they were we will not insist on at this present . Sir , beholding these great dangers to be eminent and at hand , without speedy help , and perceiving your noble person in such hazard , the preservation whereof is more precious to us then our own lives , finding also no appearance that your Majesty was forewarned hereof , but like to perish before you could see the peril , we thought that we could not be answerable to our Eternal God , neither faithful Subjects to your Majesty , if according to our ability we prevented not this present distress , preserving your Majesty from the same . For this effect with all dutiful humility and obedience , we your Majesties true Subjects , are here convened , desiring your Majesty in the name of God , and for the love you bear to his true Religion , to your Country , and Commonwealth , and as you would see the tranquillity of your own Estate , to retire your self to some part of the Country , where your Majesties person may be most safely preserved , and your Nobility secured , who are under hazard of Lands , Life , and Heritages . And then your Majesty shall see the disloyalties , falshoods , and Treasons of the persons aforesaid , evidently proved and declared to their faces , to the glory of God , advancement of his true Religion , your Majesties preservation and honour , and the deliverance of your troubled Commonweal and Country , and to their perpetual ignominy and shame . At this Highland hunting , His Majesty was very meanly accompanied . The Duke of Lennox tarried for the time at Dalkieth , the new Earl of Arran was at Kinneel , many of the Councel were appointed to hold Justice Airs in divers Shires of the Country . I was ordained to hold the Justice Air of West Lauthian at Edinbrugh with my Lord Neubottle , Mr. David Macgill , and Mr. John Sharp . There came to my Bed timely in a morning a Gentleman , alledging that I had formerly done him courtesies , which till now he was never able to recompence , that he would make me the instrument of saving the Kings Majesty my Master , out of the hands of those who were upon an enterprize to take and keep him . I said , I could hardly trust that , but I feared that the Duke of Lennox might be in hazard , who was gone to Glascow to hold Justice Airs , because of the hatred which I knew was born him , especially for the maintaining the two Bishops of St. Andrews and Glascow . He answered , They will lay hands first on the Kings Majesty , and then the Duke and the Earl of Arran dare no more be seen , their insolency and misbehaviour being the cause of all the present disorders , for there is an enterprize to present a supplication against him to his Majesty . After he had told me this news , he desired me to conceal his name , though to tell the matter to his Majesty . He said , this turn would be done in ten dayes , and as I started up to put on my Cloaths , he slipt to the door with a short farewel . Because the Duke was at Dalkieth , I did ride thither , and shewed him the whole matter , advising him to ride himself to His Majesty with this Advertisement for his own security , but he chose rather to direct a Gentleman with all possible diligence to His Majesty , willing me also to write unto the Earl of Gaurie , for the Gentleman had not named him to me with the rest of the enterprizers , either out of forgetfulness , or else because he was but lately won to that purpose by the Laird of Drumwhasel , who had assured him that the Duke of Lennox had determined to slay him at the first meeting , persuading the Earl upon this ground to joyn with the rest of the Noblemen , who were determined to reform the Estate . Unto the which invented Advertisement , he too easily gave Credit , and so joyned with the rest of the Nobility , who were minded to present the forenamed supplication to the King , at his coming to Dumfarmling . It is certain that the Duke of Lennox was led by evil Councel , and wrong Informations , whereby he was moved to meddle in such hurtful and dangerous courses , that the rest of the Nobility became zealous of his intentions , and feared their Estates . As for the Earl of Arran , they detested his Proceedings , and esteemed him the worst and most insolent instrument that could be found out , to wrack King , Kirk , and Country . The Duke had been tolerable , had he hapned upon as honest Councellors as he was well inclined of himself : but he wanted experience , and was no ways versed in the State of the Country , nor brought up in our Religion , which by time he might have been brought to have imbraced . But the Earl of Arran was a scorner of Religion , presumptuous , ambitious , covetous , careless of the Commonwealth , a dispiser of the Nobility , and of all honest men ; so that every man was expecting a suddain Change which should have been made in Dumfarling , in presenting the above specified supplication . But what moved the Lords to surprise His Majesty within the House of Huntingtoun , I know not . If it was not to imbark the Earl of Gaury , whose House it was more deeply in their bond , or that they fearing their enterprise to be discovered , made the greater hast , and stayed His Majesty in that place , which was afterward called the Road of Ruthven . After that the Duke of Lennox was advertised of this enterprise , he sent for the Earl of Arran who was peaceably passing his time in Kinweel . He took in hand to ride and save the King , boasting that he would chase all the Lords into Mouse-holes , but he was chased and saved himself in the House of Ruthven , where they had shortly made an end of him , had not the Earl of Gaurie interceeded for his life , whose destiny it was to keep him alive to be his own wrack afterwards . The Duke of Lennox being advertised that His Majesty was in their hands , retired himself to Dumbartoun , and His Majesty was conveyed to Stirling and there retained . The King of France , and the Queen of England being informed that the King was taken and kept in Custody , sent each of them an Ambassador to this Country to comfort his Majesty , to see what the matter meant , and to offer him their assistance in case he required the same , and declared that he had been taken and kept against his will. But after great thanks given unto the said Ambassadors , the King willed them to declare unto their Princes , that he was very well satisfied with the Lords who were about him , and that they were all his own Subjects , willing to obey him , but that they had conceived some hard apprehensions of the Duke of Lennox , and some others who had been about him before . Albeit his heart was full of sorrow and displeasure as he told himself afterward , and even then likewise to Mr. Cairy Cousin to the Queen of England , who whispered in His Majesties Ear , requesting him to tell the plain verity , which he should keep secret from Mr. Bows his Companion , and also from the Lords , and shall only shew his inward mind privily to his Mistress the Queen , yet it neither appeared by the success to have been kept secret , nor did that Queen make any further instance for his liberty . The Lords in the mean time thought meet to hold a Councel , to resolve what course to take , wherein it was determined that their enterprise was good service to his Majesty , the Kirk , and Common-wealth , which His Majesty granted also to be true ; whereupon an Act of Councel was formed . At that same time , the general Assembly of the Kirk was held at Edinbrugh , to the which his Majesty was moved to send two Commissioners , to testify that he had allowed for good service the said Lords enterprise , desiring likewise the Kirk to find it good for their parts , and to ordain the Ministers and Commissioners of every Shire to publish the same to their Parishioners , and to get the principal Gentlemens Subscriptions to maintain the same . Notwithstanding of all this , His Majesty took the matter further to heart then any man would have believed . He lamented his mishandling to sundry Noblemen , and others , and at length acquainted some of them that he intended to relieve himself through time out of their hands who held him as Captive . He desired such as he trusted in , to assist him with their counsel , and help . The Lords again who were joined together for the Reformation of the State , being rid of the Duke of Lennox , who had past through England to France , where he shortly after dyed of a sickness contracted through displeasure . And being also rid of the Earl of Arran , whom they kept Captive in the custody of the Earl of Gaury , they retired themselves from the Court to their houses , that his Majesty s●ould not think himself any way deprived of his liberty by them : for hey had got some intelligence of his inward grief , for his taking and retaining . Whereupon his Majesty takes occasion , to appoint a Convention to be holden in St. Andrews for some English Affairs , after the returning of Mr. John Colvil , and Colonel Steward , who both had been sent thither , and had not agreed well concerning their Commission , having brought back again different answers . To the which Convention his Majesty by Missives invited some of the Nobility , but he called none of the Lords thereto who had lately left him , supposing that perceiving themselves so far slighted , they would not come unwritten for , and that way he thought he might slip himself out of their hands , and retain about him such Lords as he had written for , to wit , The Earls of Arguile , Huntly , Montrose , Crauford , Rothess , and the Earl of March , who was an indweller in St. Andrews for the time , and the Earl of Gaury of whom he judged himself assured , though for some respects he would not imploy him till afterwards , lest the rest of his associates should alledge that he had left them unhandsomly . For the said Earl had repented him , that he had suffered himself to be drawn in by Drumwhasel to join with the rest , after that he had received sure information that the Duke of Lennox had not laid for his slaughter , as was alledged . Therefore he repented his folly , and offered at all occasions to help to set him at liberty . So his Majesty thinking himself assured of all these Noblemen , the day appointed for the Convention drawing near , it pleased him to send Colonel Stuart to my house , shewing me that his Majesty having somewhat to do of great concernment , he had directed him unto me as to one of his most faithful Servants , of whose fidelity and foresight he had formerly had sufficient proof , by the true warning I had made him before the alteration . As a sworn Gentleman of his Chamber , he desired that I would help him to his liberty , which he was determined to attain at his being at St. Andrews , whither he was resolved to go shortly to a Convention , to which he desired my assistance and advice , his Majesty being minded , as he said , to follow my counsel so long as he lived , willing me not to refuse any service that his Majesty would demand of me at meeting . This Commission was to me very unpleasant , for I had taken my leave of the Court , as being wearied with the many alterations I had seen , both at home , and in forreign Courts , having got great trouble and damage to my self for other mens causes . Therefore I had determined to be no more concerned in publick affairs , but to lead a quiet , contemplative life the rest of my days . This desire of my Prince and Master , was like to put me from this resolution . In this perplexity I had recourse by humble prayer to God , so to direct my actings as they might tend to his glory , and to the weal of my Prince and Country . And thereafter according to my dutiful obedience , I went unto his Majesty . When I came to him at Falkland , he told me of his resolution , lamenting his hard state , and mishandling by his own Subjects , and what displeasure he had taken , and that he was thought but a Beast by all neighbour Princes , for suffering so many indignities . I again discoursed unto his Majesty about the common estate of all Countries , during their Prince's minority , the Nobility striving for state , and for the chief handling , whereby to advance themselves and their friends . As did the House of Guise during the young age of King Francis the Second : The Prince of Conde , during the Reign of King Charles the Second of France ; and also the King of Navarr : Likewise the Dukes of Somerset and Northumberland during the youth of King Edward the sixth of England . And as well in the Queen his Mothers time , as in his own time , some aiming to advance their own affairs , some to defend and maintain their own Estate , engaged in divers enterprises and strifes , none of the parties bearing any evil will to his Majesty , but every one being in love with him , and desiring to be nearest to his person . And albeit some of them be oft-times transported , either by ambition , greediness or vengeance , to out-shoot themselves , and forget their duty ; yet Princes who are wise and come to perfect age , have ever found it their interest to pardon , and oversee all such faults , as have been committed at such times by too great a number of Subjects . Now when Charles the Ninth agreed with the Prince of Conde , all his former offences were reckoned for good Service . And as your Majesty hath done in agreeing with so many of your Nobility , as were in fear that the Duke of Lennox , and Earl of Arrań , would wrong both them , and the Country as they did alledge . Now Sir , if your Majesty shall slip from them , they will think their Estate in greater danger then ever , not from your self , but from some of their unfriends , who may fall in again about you . And albeit they be presently absent , they have both a guard and some of their friends presently about your Majesty , and so they will not fail to keep the Convention , and be as soon at St. Andrews , as the other Lords whom your Majesty hath invited by Letters . For it stands them upon their lives and fortunes , to be still chief about your Majesty . Therefore saving your Majesties own pleasure , I judge you presently in a far better and safer condition , then you will be by abandoning them , in case you get it not well effected , wherein there will be found greater difficulty , then your Majesty hath yet deeply considered , as the importance of the case requires . All their dissuasions had no force to stay his Majesty from his former deliberation , as having taken up a great displeasure , and a Princely courage , either to liberate himself fully , or dye in the attempt . But for to follow the example of other wise Princes , as he had begun himself to allow for good service , the enterpise called the Read of Ruthven ; so he resolved that being at liberty , he would make a general act of Oblivion for all by-gone faults , and errours committed by his Nobility , and Subjects during his minority , and from that time forth to be as a Father to the Country , and a just and equal Prince to all his Subjects ; that no Man's Life , no Man's Land , Goods , nor Office should be taken from them . That as the fittest and most effectual way for setling Peace in the Country , he would give satisfaction to the Church , in their desires . That he would keep about his Person the most vertuous and discreet of his Nobility , and Gentry , who could be found . His Majesty ingaged also to me , to be secret , constant , and counselable . For the better management then of his Majstey's design , it was thought expedient , that he should be in St. Andrews some few days before the Convention , that being once there , Proclamation might be issued out , to forbid any Nobleman or other , to come to the Convention without being expresly called by Letter from his Majesty . For this end it was advised , that the Earl of March , should invite his Majesty to be at St. Andrews two or three days before the Convention , by reason of his preparation of wild meat , and other fleshes , that would spoil in case his Majesty came not to make good chear with him some days before . Whereupon his Majesty went forward , contrary to my opinion , and the judgment of some others about him , who though we were sensible of the inconveniencies which might follow , durst not be so bold as to stay him , though we told his Majesty our opinion , that we judged it was hazardous for him to ride till the Lords , who had been advertised to attend him , might come forward . Nevertheless he went on , and advertised the Earl of March , the Provost of St. Andrews , and other Barons to attend him at Darsie . Where meeting them , his Majesty thought himself at liberty , expressing great joy , like a Bird flown out of a Cage , passing his time in Hawking by the way , after his meeting them , thinking himself sure enough , albeit I thought his estate far surer when he was in Falkland . For when he came to St. Andrews , he lodged in an old Inn , a very open part , the yard dikes being his greatest strength , few of the Lords he had written for being yet come , except only the Earl of Crauford , who was near . In the mean time I perceived the folly , and went to the Provost of the Town , desiring to know what forces he had within the Town at his devotion ? He answered , Very few , and those not to be trusted to . I asked who was in the Castle ? He told me , the Bishop , with whom I dealt incontinently , to have the Castle in readiness to receive his Majesty , which he promised to do . But when I returned to his Majesty , believing that the Proclamation had been made , That no Man should come to the Convention , but such as had been written for , I found that the Abbot of Dumfarmling was arrived out of Lockleven , and the Earl of Marshal out of Dundee . The Earl of Mar was still with his Majesty , but all the Lords were advertised with diligence from Falkland , that his Majesty was suddenly gone for St. Andrews , desiring them to make haste to go thither , else they would be late . The said Abbot for his part was soon enough there , and behaved himself with great dissimulation , extolling his Majesties enterprise , so that he gain'd so much credit as to cast down all their devices , who were upon the King's side , though he was a special doer for the contrary party . He said it was not fit by Proclamation to stay the Nobility , but rather to write Missives to them , not to come accompanied with any more then two persons with every Nobleman . When his Majesty told me this , I was very angry , and shewed him that this was the ready way to put him again in their hands , without thanks , from whom he had lately fled , assuring his Majesty that they were coming forward very strong , and in Arms , and would be sooner there , then those Lords he had written for : adding , that they might come in quietly themselves , and cause their Companies to come in by two's and three's to the Town , whereas it had been better to let them come in all together , that their whole Forces might have been seen . Yet his Majesty was loath to enter within the Castle that night for his greater security , until it was very late after Supper , giving those that were there already time to advise , and to enterprise that same night to take him again , in case he had gone to the Abby yards to walk , as they had perswaded him , till the Castle was prepared . And some were already entred the said yard for that effect in Armour , whereof I had some suspicion , and therefore instantly advertised his Majesty , who thereupon changed his resolution and past by the yard Gate to the Castle . The next day the whole Lords , as well written for , as unwritten for , arrived at St. Andrews ; the King's Lords quite without Armour , the other Lords strongly Armed . The Earl of Marshal , and Mar , and the Abbot of Dumfarmling lodged within the Castle with his Majesty , where the crafty Abbot counselled the King to let none of the Lords come within the Castle accompanied with more then twelve persons . He ever appeared to favour the King's intention , and therefore this crafty counsel was followed . The next morning the Castle was full of men , and those of the contrary party being well Armed , had already taken the Stair-heads and Galleries , resolving again to be Masters of the King , and all the rest , which being too late preceived , diligence was incontinently used , to bring within the Castle all the Earl of March his Gentlemen , with the Lairds of Dairsy , Balcomy , Segie , Forret , Barns , and others , with so many of the Town as were at the Provosts devotion , which for that night prevented the foresaid design . The Earl of Gaury was also a great stay in that matter : for albeit he came thither as strong , and as angry as any of the Lords , yet he was advertised of the King 's good will towards him , and so was drawn from the rest . That dangerous day being thus past without any harm done , the next day such order was taken , as his Majesty was Master of the Castle , following no more the said Abbot's counsel , but declared his moderate intentions to all the Lords , to the Fiffe Barons , and Towns upon the Coast side , who had been sent for , and likewise to the Ministers and Masters of the Colledge : Namely , That albeit he had been detained against his Will for some time , yet he intended not to impute it as a Crime , nor to remember any thing done in his minority , but that he would pass an Act of Oblivion as to all that was past ; satisfie the demands of the Church ; agree parties among whom there were differences , and to carry himself to all his Subjects equally , knowing none of them to bear him any evil will , and that they had been driven to enterprise the thing they had done , by the force of their Factious partialities : using many other such words of clemency and discretion , to all their contentments . Thereafter he ordained four Lords , two of every faction , to retire them for a while , to wit , The Earls of Angus , Bothwel , Huntly and Crauford ; retaining all the rest about him as indifferent for his ordinary Council , by whose advice he was resolved to settle his estate , and thereafter to bring again to Court the whole Lords above-named . Then his Majesty called for me before a number of the said Lords , and gave me greater commendation and thanks then I had merited , as being the only instrument , under God , of his liberty . His Majesty caused also to make a Proclamation , conform to his former promises , and moderate intentions : But I took no pleasure to be praised in presence of so many , answering to his Majesty , That I had already displeased all those who were upon the purpose of his detention . Now matters being settled in appearance , and this design successfully ended , some of the King's Lords , who had been slow in coming ( and when they were come finding the Lords of the contrary Faction strong and in Armour ) denyed that they knew any thing of his Majesties enterprise , laying the whole burthen upon Colonel Stuart and me . But when they saw appearance of a prosperous success , they took the matter stoutly upon them and began in plain Council to tell how long they had been upon the counsel of that enterprise with his Majesty , and how long waiting for his advertisement . Of a truth his Majesty was of a merciful mind , and gently inclined toward all the Nobility , intending to win all their hearts by his own discreet behaviour , and to that effect he went first to the House of Ruthven , to let the Country see that he was entirely reconciled with the Earl of Gaury . Where after he had Royally entertained his Majesty , he fell down upon his knees , lamenting that his Majesty should have been retained in that unhappy house at his last being there , which , he said , fell out rather by accident , then deliberation , only for the safety of the Earl of Arran's life . Alledging , that he knew no other thing , then that at his Majesty's being at Dumfarmling , they were minded to present him an humble Supplication , asking pardon for that accidental fault , which his Majesty graciously promised never to impute to him , knowing how blindly he was brought upon it by the practises of others . In the mean time James Stuart Earl of Arran , had obtained the favour to be warded in Kinneal , his own house , and sent and Congratulated his Majesties liberty , begging that he might have access to come and kiss his hand , which was plainly resused . Then he sent daily his opinion , and advices to his Majesty , how to proceed against divers of the Nobility , and others ; advising to bring back to Court the Earls of Huntly , and Crauford , which was too easily condescended to by the Earls of Arguile , and Montross , only the Earl of Gaury resisted , alledging that the Earls of Bothwel and Angus were put in hopes to be brought in with them , or as soon as they . But the equality expected , was soon forgot , which moved the Earl of Marshal and others to retire to their houses . The Abbot of Dumfarmling remained still at Court , and to curry favour of Colonel Stuart , then Captain of the Guard , he gave him a Purse and thirty pieces of Gold at four pound the piece , which pieces the Colonel distributed to so many of the Guard , who bored them , and set them like Targets upon their Knapsacks , and the Purse was born upon a Spear point like an Ensign . The Abbot shortly after was warded in Lockleven ; Mr. John Colvil , the Laird of Clesh , and Drumwhasel were also warded by the advice of the Earl of Arran and his Wife , who continually solicited his Majesty , that they might come to Court. And at length I was requested by his Agent James Stuart , to deal with his Majesty to permit the said Earl to come again to the Court : For he said , that his Majesty was favourable enough , and that the Earls of Arguile , Huntly , Crauford , and Montrose , had not only given their consent , but that the Earls of Arguile and Montrose had said unto his Majesty , that they would ride themselves and fetch him ; only the Earl of Gaury resisted ; and that the King had shewn him , that he would do nothing therein without my consent and advice . I answered , That his Majesty needed not my consent , if himself and so many Noblemen were content . He replied again , That his Majesty reposed more upon me at that time , then upon all his Council , as his Majesty had shewn him ; and that he would not bring him without my consent . Whereupon I went unto his Majesty , and shew'd him what language the Earl of Arran's Servant had to me , concerning his Master's coming to Court , and that his Majesty laid too great a burthen upon me , to say that he would do nothing therein without my consent . Thereupon his Majesty took me to the Gallary of Falkland , lamenting as he had been informed the loss of many of his best friends , as the Earls of Lennox , Athol , and Duke of Lennox : And now , says he , They will not permit the Earl of Arran , who hazarded his life to relieve me , to come and see me ; he desired me to acquaint him , what might be the occasion they hated him so much . My answer was , That to tell the verity perilled my self , to conceal the truth indangered his Majesty . He would needs know my meaning therein . I said , The Earl of Arran is one of the worst instruments can come about you , whereof your Majesty hath had too sure a proof , his mis-behaviour being the only occasion of the late interprise , and if he ever be again admitted about your Majesty , the like or worse will follow . Thereupon its dangerous to my self to acquaint your Majesty herewith , seeing it will occasion him to be my deadly Enemy , if he ever get notice thereof . Then his Majesty desired only to let him come and kiss his hand , promising he should not tarry , intreating me to deal with my Lord of Gaury ; that he would also grant that he might but once come to Court , and he should incontinently return to his house without any stay . I said , I should cause him to yield to his Majesties pleasure . In the mean time I took occasion to declare unto his Majesty , how that many great Princes are wracked by their Ambitious Counsellors , who will rule all alone , taking upon them a greater burthen then they can bear : for remedy whereof his Majesty should spend every day but one hour to hear a chosen number of honest Councellors reason upon his affairs , then himself to give his opinion what he thinks fittest to be done , as the King of France used to do . Which his Majesty granted very willingly , and so long as he kept that order , by the ordinary Council days his turns went rightly forward . The whole Lords who assisted his Majesty were of his Council , Sir Robert my Brother , Colonel Stuart , the Laird of Seigie , and my self . But as soon as the Earl of Arran got access to his Majesty , he not only stayed at Court against promise , but also within a short time altered all this way of procedour , with a design to draw the management of all publick affairs to himself . At his first entry , he carried himself very humbly , for after he had kissed his Majesties hand , he embraced me and kissed my cheek , giving me many thanks in his Majesties presence , alledging , That the whole name of Stuarts was obliged to me , for the notable service , he alledged , I had done his Majesty : As for him , he said , he should never take any thing in hand , but be therein directed by my Brother and me . But Colonel Stuart and he spoke not together , until his Majesty desired me to agree them , which after much travel I did at length . At first the Colonel swore a great Oath , That if his Majesty suffered that villain to remain at Court , he would yet again undo all . For a little time he kept himself quiet , but there was no appearance of his home-going . Sometimes he would reprove my gentle kind of procedure in his Majesties affairs , and could not endure to see them handled by a number . He insinuated to his Majesty , That he would find it a troublsome business , to be incumbred with many contrary opinions . He desired him to recreate himself at hunting , and he would attend the Council , and report again at his Majesties return , all our Opinions and Conclusions . This he observed two or three times , and so in a very short space changed the former order laid down to have been followed : So that he gave accompt of no Man's advice but his own ; yet he made his Majesty believe that it was all our Opinions , that it was his interest to follow a violent course . And though the same was directly against his Majesties first Deliberation , Intention , and proclamation of Clemency , yet he caused to make contrary Proclamations against those of the Road of Ruthven , ordaining them all to take remissions for that which before was allowed for good Service , moving divers Noblemen and others to withdraw from the Court , for fear , to some place of Security . When he caused to be read before the Council his new invented Proclamation , I down-right opposed my self to it , saying , That I knew it was directly against his Majesties mind and promise . Whereupon he leapt out of the Council-house in a rage , and said I would wrack the King by my manner of doings . I answered , either you or I , my Lord , with other sharp pricking language , so that for that time it was stayed , Afterward he waited a meet occasion to get it past , having procured a flattering Faction to assist him , in expectation to be made sharers of the spoil he hoped to make , a part whereof he had promised them , to gain their Votes to his desire . And so all things were turned up-side down , a great number of Noblemen and others being put thereby in fear of their Lives and Estates . And when any of us who were desirous of his Majesties quiet and prosperous estate , would acquaint his Majesty with the danger of these proceedings of the Earl , he would be very sorry , saying , The Earl made him believe that he did nothing but by common consent of the Council . And when his Majesty understood the contrary , he was very earnest and willing to amend the disorder , but was still Circumvented by the said Earl , and such as for fear , flattery , or expectation of profit , advanced all his designs . About this time there came a sharp Letter from the Queen of England unto his Majesty , who thought the Noblemen who were aimed at , and were absent from Court , fittest instruments to be about his Majesty . And for entertaining of Amity and Concord betwixt their Majesties and Kingdoms , she was not content to see them so hardly handled . The Copy of which Letter I have here inserted . AMong your many studies , my dear Brother and Cousin , I wish Isocrates's noble Lesson were not forgotten , that wills the Emperour his Sovereign , to make his Words of more accompt then other men do their Oaths , as meetest Ensigns to shew the truest Badge of a Prince's Arms. It moveth me much to moan you , when I behold how diversly sundry wicked Spirits abstract your mind , and bend your course to crooked Paths , and evil illusions , wrapt under the Cloak of your best good . How can it be that you can suppose an honourable and satisfactory answer can be made unto me , when all your actings gainsay your former Vows . You deal with one whose experience will not take dross for good payment , and with one who will not be easily beguiled . No , no! I mind to send to School your craftiest Councellors . I am sorry to find you bent to wrong your self , in thinking to enjure others . Yea those , who if they had taken the opportunity in their hands , they might have done you more prejudice , then a thousand such mens lives be worth , who perswade you to avow such deeds ; as to oblige the best deserving of your Subjects to demand a faultless Pardon . Why do you forget what you wrote to my self with your own hand , shewing how dangerous a course the Duke was entred in , though you seemed to excuse him , as if he had intended no evil therein ; and yet you would not make them guilty who delivered you therefrom . I hope you more esteem your honour , then to give it such a stain , since you have so oft protested , that you was resolved to notice these Lords as your most affectionate Subjects , in the full perswasion , that all they had done was by them intended for your advantage . To conclude , I beseech you proceed no further in this course , till you receive an express Messenger , a trusty Servant of mine , by whom I intend to deal as an affectionate Sister with you , as one from whom you may see you shall receive honour , and contentment , with more surety to your Self and State , then by following the pernicious Councels of these crafty dissembling Councellours , as knows the Lord , to whose safe keeping I do commit you . Your most Assured and Faithfullest Sister and Cousin , ELIZABETH . Unto this Letter his Majesty commanded me in his name to write an answer , that he might write it over again with his own hand . For the Secretary for the time was in suspicion to have been upon the contrary course , The answer was as followeth . MADAM , I Have received a Letter of yours , containing in the entry , that sentence of Isocrates , which willeth Princes Words to be more intirely observed , then other Mens Oaths ; as though some sinister report were made unto you of some forgetfulness in me , or that you fear that in time coming I fail in keeping such promises unto my friends , as may be made upon just and convenient occasions . For answer unto that head , I remember another saying of Isocrates , where he would not have them repute friends , who allow or praise whatsoever we say or do , but rather such who modestly reprove our faults . So that I take your sharp admonition at this time , as proceeding from a Sisterly love , albeit upon wrong information , hoping that so soon as you shall truly understand of my hard handling , and patient behaviour , you shall be so well satisfied as to deem me to have done nothing , but that which you would have done your self in the like condition . First , When I was detained Captive under a fair pretext , it pleased you to send your Ambassadours ( like as did the King of France ) friendly to visit me , offering me great kindness , and help , in case I needed any , for the time , for which I do yet render your Majesty hearty thanks : Which offer I did not think fit to embrace , alledging that I was well content , and had good friends about me , which was very true . For one part of these same Lords , who were then about me , perceiving my grief and miscontent , offered even then to relieve me , whensoever I would desire to be at greater liberty . Whereupon I made you then that answer , whereof you make mention in your Letter , as I gave the like answer to the French Ambassadour . Nevertheless I was ever resolved at a fit time to relieve my self , for my honour , as I have done lately ; following another saying of Isocrates , willing Princes to hazard rather to dye honestly , then to ring shamefully , for how I did ring for the time , you might know by your Cousin Mr. Cairo in whose ear I rounded my familiary inward grief , because he said you desired him to require it at me apart , promising that it should be secretly kept from all others , albeit I used not such freedom with Mr. Bowes . Indeed I subscribed such Writs and Letters as the said Lords presented to me , for the time was unfit to dispute too precisely upon Circumstances , that were determined by these who were Masters of me and the State. This Answer I suppose will satisfie your own reasonable and equitable Judgment , discreetly considering the same with your self apart , I doubt if it will be so interpreted by others of your Councel , who have particular designs of their own , to whom because I impute the whole hard Language contained in your angry Letter , and not to your self , and gentle inclination , I think it not needful now to write an Answer unto every part of the same . So attending patiently upon your better intelligence and information in these matters , I will rather retain in my memory your former fruitful friendship , then now start at any wrong set Syllable , or sowre sentence placed in your paper at the partial instance of others . As concerning that which toucheth the Duke of Lennox , his godly end hath declared his honest meaning . Whose death I might justly lay upon such as forcibly removed him from my presence ; nevertheless I resolve to put all by-gones in Oblivion , neither to compel any man to take a faultless Pardon . Where you desire that I proceed no further , until a trusty Messenger may come from you , I intend to stay from doing any thing till then , that you may justly be offended with ( Albeit Isocrates advises Princes speedily to execute such turns , as good Councel thinks necessary to be done , ) wishing that he who shall be sent , may be as willing to work the effects of true love and friendship betwixt us , as I am assured it is both our hearts desire , and intention , whereto I pray the Lord to grant increase , continuance , and happiness to his glory , and to the well peace , and quiet of both our Realms . The Secretary Walsingham was he of whom mention is made in her Majesties Letter to be sent in here , but he was long by the way by reason that he was sickly . In the mean time Mr. Bowes who was Ambassador resident at Edinbrugh had received this Letter by the ordinary Post , and returned the Answer . He declared many Commendations from my Lord Burly , and several of the Council of England to my Brother Sir Robert , and me , alledging that they were glad to hear that such men were about His Majesty that were of their Religion , and with whom they were long acquainted , wishing many such to be in Court. About this time the Earl of Arran obtained the keeping of the Castle of Stirling , and insinuated himself so far upon His Majesty , that he took upon him the whole management of affairs , and caused sundry Noblemen to be banished , as the Earls of Mar , Angus , and the Master of Glains , and divers others . And by his insolency , he drove the Earl of Gaurie from Court , far against his Majesties intention , who sent me for him to his house to bring him again to Court , which was for the time at Coupar in Fyffe , where His Majesty agreed him and the Earl of Arran . But no conditions promised were kept to Gaurie , so that he was so vexed , that he resolved to leave the Country . I have already declared how loath I was , that either His Majesty should leave the Lords who were about him , or that I should in any wise be a medler again in publick affairs , considering the many alterations I had seen by long and hurtful experience , yet the affection I had for His Majesty , engaged me not to refuse his Commands , being my native Prince and Master , and I his humble Subject , and sworn Servant , first as his domestick as being one of the Gentlemen of his Chamber , and a Member of his Privy-Council . But after his Majesty being taken , I was no more admitted by his Keepers , who thought fit for their security , to place such men about him as were intirely at their Devotion . As for my part , as I was sorry that His Majesty should be used any other way then at his own pleasure , so I was much satisfied to be permitted to live quietly at home the rest of my days , yet being called again by His Majesty , I waited upon his Commands . Now again perceiving His Majesties most acceptable Proclamations , slyly and cunningly changed contrary to His Majesties merciful intentions , by issuing out contrary Proclamations , and intending violent persuits against these concerned in the Road of Ruthven , whereby too great a number of Noblemen and Gentlemen despaired of their Safety , and Lives , in a lamenting manner I remembred his Majesty , how he was abused , and what great inconveniencies were like to ensue . Thereupon His Majesty upon my relation , appeared very sorrowful : and assured me of his resolutions to amend these disorders , but it was his misfortune to advise thereabouts with these who underhand were chief instruments therein . Believing that because he loved them , they also loved him and the well of his affairs . They again making some appearance of intentions of satisfying his expectation , indirectly by means of too many who depended upon the Earl of Arrans extraordinary Credit , and Favour the contrary to his Majesties princely and upright meaning was brought about , so that many Noblemen left the Country , and all honest men left the Court , to the great satisfaction of the Earl of Arran and his Wife , who had the greater opportunity of guiding all . And that they might the easier set forward this course , they perswaded His Majesty to pass to Stirling , whither they knew few or none durst repair , who were not at his Devotion , he being Captain of the said Castle , and Provost of the Town ; after I had frequently warned His Majesty , of the storm I did foresee coming , I retired my self from Court. His Majesty being at Stirling asked frequently for me , regretting that I was not continually with him . Whereupon the Earl of Arran advised that I should be sent ambassador to the Queen of England upon some pretended affair , as well to absent me from His Majesty , who he perceived had some favour for me , as to take occasion upon my return , to bring me in disgrace , as if I had been guilty of some mis-management , because he knew that as matters stood I could do no good at that time . And commonly when Mens Commissions take no good effect , they are calumniated by their Enemies , and envyers , as unfit instruments , unskilful , and undiscreet . Which Calumnies get oft-times too much Credit , when matters succeed not conform to the desire of the Master . For this end he had engaged His Majesty to write for me , but before his Letter came to my hands for the said Voyage , I had indited a long Letter to have sent unto His Majesty , as a remembrancer of his former promises , intentions , and Proclamations ; shewing what inconveniencies were like to ensue the setting forward of a contrary course , together with such remedies as I could judge meetest for the time . The tenour of His Majesties Letter unto me was , That he had some matters to communicate to me , wherein he resolved to imploy both my advice and pains , and therefore he desired me to come to Stirling with all convenient expedition after the sight of the said Letter , where I should understand more amply the occasion of my being sent for , as I would do him accomptible pleasure and good service . Written from the Castle of Stirling the 22d of Octob. 1583. After the receipt of this Letter , I did ride unto His Majesty and took with me the Letter which I had penned before , whereof the Copy followeth , Sir , as it hath pleased your Majesty heretofore to accept of my will for agreeable service , even so I hope that your Highness's constant favour shall continue toward me now , and in time coming , notwithstanding my present absence . For albeit that during your Majesties young Age , I was suffered to live happily at home , from the handling of publick affairs , yet I found my self obliged to bear my proportionable burthen in your Service , so soon as it should please your Majesty to lay your Commands on me for that effect , being then most assured , to walk in a just and lawful vocation , which to give continual testimony of my dutiful obedience , not presuming to give your Majesty Counsel , I have only taken the boldness to present to you in these few lines , my simple opinion of things that are apparently to fall out upon your Majesties late proceedings . For when it pleased your Majesty at your first going to St. Andrews , to take upon your self the free Government of your Affairs , your Majesties Gracious intention and proposition then , was not only most agreeable to all the Lords , Barons , and Ministers there present for the time , but also to the rest of your good Subjects , when as they understood of your merciful inclinations . Which being now otherwise overturned , then was either first intended , or determined , is able to breed cumber and disorder , unless your Majesty by wisdom and dexterity prevent the apparent inconveniencies . For it pleased your Majesty then openly to declare , how that you only sought with your own reputation , and safety , the well and safety of your whole Subjects , as being willing to give satisfaction to the demands of the Church , to agree all parties , to blot out of memory the name of Factions , and put in perpetual Oblivion all Crimes committed in your Majesties Minority , acknowledging all such as chanced to be done during the same , but to have fallen out betwixt Subject and Subject , for such particular respects as your Majesty never purposed to impute to any of their Charges , but to Reign over them all in times coming , as a Gracious Father , and that by the advice of the least Factious , and best affected of the Nobility , Barons and other sufficient Subjects . No man to be placed about or proscribed from your Majesty by favour or surname , kin , friend , or allye , but for sufficiencie , vertue , and loyalty . As also if any were to be absented , or sent home for a time , it should not be done at the instance of any envious suiter of his Office , or particular Party , but for your Majesties honour and safety , during your pleasure , leaving them still in hope through good behaviour to obtain again familiar access about your Majesty as formerly . If this Calm Course had been followed , there was appearance of a quiet State. But the altering and changing this gentle kind of dealing to a sharp and violent persuit of sundry , by seeking out over many faults in the persons of so many Great and Active Men , hath bred such discontent and so furious a Faction , that if sudden remedy be not provided , civil dissention and despaired interprises ought to be looked for by all such as have sufficient experience of the nature of Scotsmen , and seemly intelligence of the deportment of divers , which the necessity of their unsure Estate may well drive them honestly to take in hand . It is true , that the flourishing of Commonwealths , consists much in the rewarding of the good , and punishing of the wicked . No doubt but faults enough have been done during your nonage , but to seek them out narrowly , and to punish them severely in such cases , and at such times , in matters wherein many have dipped , is no safe Course . Yea , though your Majesty were willing , as I know you are not , I cannot see how you can get it done against so great a number , having so small substance and few Forces , and so potent and mighty Neighbours lying still at wait upon all such controversies , and occasions , to take advantage thereof , whereby to serve their own turn . This Consideration also ought presently to be noticed , that the wonted reverence born by the Subjects unto the Princely Authority of their Soveraigns , is much decayed in this Kingdom , by reason of the Queens Youth and long absence , and even so in your Majesties time for the like causes , but chiefly because that your Majesty being yet young ) have been accompanied this time past with the youngest , and meanest sort of your Nobility . Who albeit they may be faithful and honest , to set forward your service , yet the rest of your Subjects alledging them to be factious , ignorant and covetous , doubt of their discreet behaviour , seeing their intentions are to Rule by force ; hardly may a Prince assure himself at all occasions , to choose a sure course wherein there shall be no peril . For commonly men thinking to escape out of one inconveniency fall oft-times into an other . Therefore prudence consists in understanding the quality of dangers , and in choosing the least evil for the best . Some Kingdoms and Countries are Governed by force , some by fairness , on the other part Subjects obey either for awe , or love . That Prince is reputed of no value , who cannot win the hearts of his Subjects by one of these two . For either must the means be taken at once from such as are suspected deservedly , whereby they may do harm , or else they must be satisfied in such sort as in reason they may be content , and so serve for love , and not for awe . So that it is easie to judge which of these two Governments may be meetest for your Majesty . The Emperor Trajan being demanded , wherefore his Subjects loved and honoured him above his Predecessors answered , because I forgive them who offend me , and never forget any who have done me service . Julius Pollux Master to Caesar points out a true Prince to be of Divine Countenance , Godly , Merciful , Just , Equitable , Careful of his Affairs , Constant in his Deeds , true in his Promises , Subject unto reason , Master over his Affections , fatherly towards his Subjects , of easie Access , gentle to be spoken to , ready to forgive , slow to punish , princely , liberal , subtil , secret , and sharp of ingeny . Now because it appeareth your Majesty in youth hath been sufficiently versed in many of these vertuous precepts , I wish from my heart that such impressions may be as well taken of them that are presently about you , seeing that Princes are commonly deemed to be like those whom they make most their familiars . Therefore Sir , for eschewing all those evils , and to put the nearest Remedy unto all the appearing inconveniencies , it is fit so soon as it may please your Majesty to pass to Edinbrugh , to convene the most ancient of your Nobility , and Barons of best reputation , by whose advice together with those that are already in Court , your Country may be quieted , and your Subjects satisfied . For now as matters are handled , to speak of Clemency by causing them to take remissions , it will want Credit , and be ill interpreted , as not conform to your Majesties first Declaration . The Emperor Adrian inquired after men of great age and experience , and helped himself by their many perils . Alexander Severus would perform no matter of importance , but with advice of the most ancient and best experimented . He never went out of Rome , unaccompanied with four or five of the most honourable , ancient , and grave personages , that none should need to fear that he would commit any Error . He never suffered the Senate to conclude any weighty purpose , unless Fifty of them had been present . He caused all his Counsellors to put their Opinions in writing , to see if any were possest with passions , or partialities . He changed oft his familiarity with sundry of the Senate , lest he who had alwayes his ear , might be overcome with importunate pursuits , or partiality . The urgent necessity of the time , most Noble and Excellent Prince , causeth me to be so tedious . Humbly craving pardon , and heartily kissing your Majesties hands , I pray the Eternal God grant you long and happy life . From Halhil this 15th of October 1583. Your Majesties most Humble , And Obedient Servitour , James Melvil . When I came to Stirling , and shewed his Majesty this Letter , he not only liked well of it , but ingaged to follow the advice therein contained . He lamented to me the partial dealing of those about him . Only he said , that my Brother Sir Robert was upon a sound course for quieting of the Estate , and that some Noblemen , against whose partialities he had opposed himself , had discorded with him in his Majesties presence . It pleased his Majesty also to tell me that the cause why I was written for , was to be sent to England , to travel with the Queen there for entertainment of mutual Amity , and encrease of her favour , and good will , concerning the Title and Succession to the Crown of England , and assistance to help to establish his troubled Estate , perturbed by the insolence and partialities of his Subjects , bred and ingendred among them during his minority . I answered , that I judged it was a very unmeet time , seeing I knew as matters stood in Scotland , that England would make no account of him , nor of any that would be sent from him , until first he would let it be seen and heard , that he could settle his own Estate , and by his wise and prudent management , render his own Subjects obedient to his Commands , this being done they would honour and esteem him . And that the best and readiest way to obtain also one day the Crown of England , was to guide Scotland so well , that they might find ground some day to wish to be under the Government of such a Prince . By this kind of Language , and his Majesty pondering what ground I had to use the same , he was satisfied that my Voyage should be stayed till a more convenient time . So I returned from Court , to my own house . It is mentioned here above in the Queen of Englands Letter , how that she was minded to send a Trusty Servant unto his Majesty , willing him to stay from any strict proceeding against the Lords , who were pickt at for the Road of Ruthven , until the Arriving of the said Ambassador , who was the Secretary Walsingham , a Counsellor of worthy qualities , who had great Credit with the Queen of England . But he was of a sickly Complexion , and was not able to endure riding Post , therefore he was long by the way , being carried in a Charriot . So that during his longsome Voyage , the Earl of Arran went ay forward , forgetting the tenour of the Queen of Englands Letter . So soon as his Majesty was advertised of the Arrival of Sir Franers Walsingham , I was sent for to come to Court , and directed to ride and welcome him in his Majesties name , to bear him company , and Convoy him about by Stirling to St. Iohnstoun where his Majesty thought fit to give him Audience . Desiring me also to say unto him , that his Majesty was very glad of the coming of such a notable Personage , who was known to be indued with Religion , and Wisdom , whom he had ever esteemed as his special friend , being assured that his tedious travel in his long Voyage , ( being diseased as he was ) tended to more substantial points for the confirmation of the amity between the Queen his Sister and him , then had been performed at any time before . The Secretary Walsingham answered me again , that the great desire he had to establish an assured Amity betwixt the two Princes , and Countries , moved him to undertake the Embassage himself , his Majesty being the Prince in the World , that he loved next unto the Queen his Mistress , and wished most to see and be acquainted with . And that he hoped his Commission should succeed the better , that he had met first with me his old friend , and only acquaintance in Scotland . For we had been Companions abroad upon our Travels , and divers times when I was sent to or passed thorow England , he would have me to lodge and lye with himself at London , which occasioned that we had more familiar Conferences . Whereupon I did write two several Letters , that his Majesty might be the better provided to make answer to such heads as I knew he would propose . Then we took our Journey thorow Lithgow to Stirling , and from that to Pearth . He had heard that my Lord Seatoun and Livingstoun were written unto to Convoy him , but he requested me to stay them , that he might have the more Conference by the way with me , otherwise he would be compelled to entertain the Noblemen . I judged it probable that his design in this , was to let see his own Train ; For he was Sevenscore Horse in Company . Being near the Court , his Majesty sent out two of the Council to meet him , to wit , my Lord of Doun and my Brother Sir Robert. The next day his Majesty gave him Audience , accompanied with Mr. Bowes Ambassador Resident in Scotland . Their first reasoning was upon his Majesties Liberty , and wherefore he had left the Company who were about him , being the best and most religious sort of the Nobility , and of his Majesties best acquaintance , and by whom she would deal in her affairs more friendly , then she could do with others , whom she could not so well Credit . Whereunto his Majesty made answer , so gravely and directly , that Walsingham wondred . The next day his Majesty appointed four of the Council , and my self to be with them , to reason with him , and to sound what he would be at . But he refused to deal with any , but with his Majesty who heard him again without Mr. Bowes . Where he discoursed long with his Majesty , and when he came forth from his Majesty he took me by the hand , and said , that he was the best content man that could be , for he had spoken with a notable young Prince , ignorant of nothing , and of so great expectation , that he thought his Travel well bestowed . The Earl of Arran desired to enter into familiar Conference with him , but he refused to speak with him . Making no longer stay , but took leave of his Majesty who commanded me to accompany him to the Ferry . At our parting , he promised at all occasions to write to me , and much lamented that the Earl of Arran was again in Court , and in such Credit with his Majesty . Which he said if he had understood before he took his Journey , he would have shifted the same , and suffered some other to have been sent . For he could see no sure course could be taken between their Majesties , so long as such instruments had such Credit about him . For he esteemed the said Earl a scorner of Religion , a sower of discord , and a despiser of true and honest men , and therefore he refused to speak with him , or enter into acquaintance . For he was of a contrary nature , religious , true , and a lover of all honest men . Therefore Arran to be revenged upon him , spared not to do a great dishonour to his Majesty . First for despite , that he refused to speak with him , he caused refuse to permit the Captains of Berwick , and divers other honest Gentlemen , who came to Convoy the Secretary Walsingham , the entry of his Majesties Chamber door . And then he caused to prepare a scornful Present for him at his departure , to wit , a Ring with a stone of Crystal , instead of a rich Diamond which his Majesty had appointed for him , valued at 700 Crowns which he was oftimes minded to send back again unto his Majesty , rather to let him see how he was abused , then how he was used . Some promise was also made unto him , about the repairing some wrongs done by Scotsmen upon the borders , which he alledged was not kept . For Arran did what he could to displease him , and to render his Commission in all points ineffectual , and his Travel in vain . Nevertheless he made so good report of his Majesties vertues , and qualities , that it put him in some suspition at his return to the Court of England , where shortly after he took sickness and dyed . My opinion is , that if God had granted him longer life , he would have been found a great friend to his Majesty , who marvelled that the chief Secretary of England , burthened with so many great affairs , sickly , and aged , should have enterprised so painful a Voyage without any purpose . For it could not be yet perceived , what was his Errand , save only that he gave his Majesty good Counsel . But he being religious , and of a good conscience , was desirous to see and understand assuredly such qualifications to be in his Majesty , whereof he had frequently been informed . He returned with great contentment in his mind for that part , but very sorrowful for the company that he found in greatest favour and credit about his Majesty . Which was the more unexpected , by reason of a Letter that his Majesty had sent unto the Queen his Mistress , promising not to bring in again to Court the Earl of Arran without her advice , and consent . For my part I never saw such appearance of a prosperous Estate , for his Majesties honour , surety , love and obedience of his own Subjects , increase of the number of his friends in England , to the advancement of his Title , neither before that time nor since ; if the said Arran had not been brought a-again to Court , which I left not undeclared to his Majesty divers times , not without some danger . Indeed his Majesties intention was not that he should stay at Court , but onely to come and kiss his hand . But he again being once entred , won some of the Lords , whose particulars he promised to set forward , if they would concur withhim , and shew his Majesty that his presence about his person was necessary , and that my gentle proceedings would ruin the Kings interest , and them all . Managing thus the matter , he remained at Court , and minded to make himself and his assistors rich , by the wrack and spoil of others , who had taken his Majesty at the Road of Ruthven . And then he and they , were to guide all at their pleasure . So many of them who shot at particular marks , ran a strait Course with him , because they thought by his Credit to make up themselves . They feared to lose his Majesties favour , in case Arran was not their friend . And some of them did what they could , to persuade me todo the like , alledging that otherwise I should be shut out . Which came to pass shortly after , because I would not yield nor concurr to cast all loose , to the peril of his Majesties Estate and Reputation , remembring what was intended , promised , and proclaimed at his Majesties obtaining his Liberty . It is certain , that the Lords who made that interprise had great occasion given them to be discontent , but no sufficient cause to oblige them to compel their Soveraign Prince to remove from him these he so well liked . Which rebellious proceeding , compelled them also for their surety to retain and hold the King as Captive . His Majesty again being advertised ; and admonished , that the dangerous proceedings of the Duke of Lennox , and Earl of Arran , were like to breed disorder , took too little care to prevent the apparent inconveniencies , and used too little diligence to get sure intelligence and information thereof , which brought him to that strait of being taken , and kept . For it had been less pains to have taken good notice in due time , how his Country was Governed , then to put order or remedy thereto afterward . For it is no little Error , to render the most part of the Nobility and Subjects malecontent , nor no great wisdome after his Majesty was in their hands , to slip from them without their consents . The interprisers , assisters and allowers of the deed , being so considerable a number , as could not be overcome , but by patience , nor punished but by subversion of the State , and endangering of the Prince his own person . Yet it pleased God to guide his Majesty to his liberty ( albeit not without some peril ) with honour at the first , and with the universal contentment of all his Subjects so soon as they understood his honest meaning , and gracious deliberation as well by Promise , as by Proclamation , as is already specified . For my part , I forget not at all occasions , to remember his Majesty I refused the Office of Secretary when offered by his Majesty in reward of my service , because it was promised that no man should want his Offices , Benefits , Lands or Escheats . I opposed my self in full Council against the Earl of Arran , because he had formed a Proclamation against the Lords of the Road of Ruthven , contrary to His Majesty's former Proclamation of Grace and Oblivion : For which he leapt out of the house in a great rage at me , and for despight he made a List of the Names of so many as should be upon the Privy Council , and left out my name . Likewise he named so many of his dependers , as should serve in every Office , which his Majesty was resolved not to acquiesce to , without my advice . Yet he prevailed with His Majesty to subscribe the same , assisted by the foresaid Lords , who took plain part with him . So I was shut out of door , and had no more place to do good . His Majesty graciously excused the matter , and said , That the Lords had no will of two Brothers being upon the Council . But when he should get a Wife , I should be her Councellour , and chief about her . So that if they were glad to be quit of me , I was as glad to be free of them , and not to be partakers with them in advices tending directly to indanger the Prince and the Country . Yet his Majesty assured me , That he would go to Edinbrugh , according to the advice I had given in my forementioned Letter , and Convene the Nobility , Barons , and others whom I had named , in order to the settling of the Country . And in the mean time he told me , That the Earl of Arran thought fit to send to England the Bishop of St. Andrews , alledging , That he was passing to the Spaw for recovery of his health : Who passing through England , might have Commission to deal with that Queen in his Majesties affairs . And in case he found her willing to discourse friendly and freely , he should then shew her , that his Majesty would send me thither , to satisfie her more sufficiently in such things as she would require . And to that effect , the said Bishop should send back word by a Gentleman , Captain Robert Melvil , who went thither expresly to be sent back with the said answer . I was commanded to write in the Bishop's favour , but he was too well known in England . For Mr. Bowes who remained long in this Country , had informed them sufficiently of the said Bishop's qualities , who was disdained in England , and dishonoured his Country by borrowing of Gold and pretious Furniture from the Bishop of London , and divers others , which was never restored , nor payed for . His Majesty nevertheless would have me to grant to go to England , and to be in readyness . He desired me to make my own Instructions , alledging , That I knew what was meetest for him to require at that time . I would not take upon me to make my own Instructions , but I promised to pen the Speech that I would think most proper to recite to her Majesty , in case I went thither , and which I would judge to be the fittest language that any sent thither could speak for the time . After his Majesty had perused the same , he much relished it , and declared it was fully conform to his own intentions . It was in these words . MADAM , ALbeit that your Majesty be as sufficiently certified of the King my Sovereign's conformable mind to satisfie your Majesty , as well by Sir Francis Walsingham your Secretary , as by the Bishop of St. Andrews his Ambassadour , granting the one his whole desires by mouth , and declaring by the other how strictly he hath observed , and performed the same ; in effect more to satisfie your motherly mind , by shewing the tokens of a thankful and obedient Son , then for any great advantage he perceives you thereby seek for your self . So that it is his Majesty's intention , chiefly seeing he hath taken the Rudder into his own hand , to discover to you ay the longer the more the perfect fruits of his hearty affection . For now having attained unto some years of knowledge , and dear bought experience ( by that which hath been oft beat in his Ears ) he is not ignorant how that your Majesties favour and assistance will be more contributive for his advantage and advancement , then can be any , or that he can obtain from all the other Princes in Europe . Your Majesty being to him so dear a Mother , and so near a Neighbour , both your Subjects appearing to be but one People . Especially since your prudent Government began , the effects whereof hath not only been found by your own , but by your neighbours . The same having extended it self to the advantage of other Kingdoms , especially overshadowing this whole Island to your Majesties everlasting honour . For never in any Princes days , hath been seen so much rest , so great riches and felicity in England , which likewise might have been in Scotland , if the particularities of some of the Subjects had suffered them to have followed your Sage , Charitable and Loving admonitions . As the consideration thereof is the reason which induced his Majesty , whom the matter most toucheth , to direct me to your Majesty , after ripe deliberation , and upon the sure ground of the good information of such as are best inclined , and have greatest experience , to seek the assistance which he hath so oft seen sent unto him , help and wholsom advice where he hath so oft found it , and salutary Plaisters to be laid unto the Sores , that yet daily breed and arise in his Realm as remains of the Canker , and disorder ingendred during his Minority . Seeing then the thing that he craves , is your accustomed Kindness and Counsel , which because the strength of your constancy will compel you to continue towards him , he is the more humbly to suit the same as most seemly for his neerness of Kin , Age , and Estate to do . Perswading himself , that such friendly Offices might be used between you , as may tend to both your contentments , and weal of your Kingdoms , which for lack of sure intelligence of others minds , by secret and mutual conference , of devotious and discreet instruments , might otherwise turn to the contrary . The King my Master knows that a mighty Man cannot stand upon one side , he grants that he hath now greater need of your help , then you of his in many things . But he thinks himself as able , and is as willing to deserve favour at your hand , as any who can contend with him for the same , or would presume to sound the Bell of Succession in your Ears . For his part , he requires no instant Declaration thereof , but will continually crave by his behaviour all such preferment , as an humble Son ought to seek at the hands of a loving and hearty Mother . Because he believes , that a word of your Majesties mouth , at a convenient time will sufficiently serve his turn , being yet young enough to await upon any benefit you shall be pleased to bestow upon him . Acknowledging the Prorogation of your Years , most profitable to supply his Youth . And considering the necessity he hath now of your assistance , in the ruling of this his troubled Estate , he believes that he would have double need of your help , if over-early he had any greater handling . Therefore , Madam , he desires as yet to recreate himself with hunting and pastime , until he be of greater ripeness and maturity . Wishing in the mean time unto your Majesty a long Life , a prosperous Reign , and as good success in your proceedings hereafter , as you have had hitherto , that having so happily and so honourably in a manner ruled both the Realms , these many years by-gone , you may be as able to leave them so joined together in a cordial and stable Monarchy . And that the blest and perfect end of your prudent project may Confirm and Crown the worthiness of your Reputation , in finishing the work which so many had so ost in vain enterprised , as the only Prince that ever obtained the whole handling , and hearts of all Britain without Blood. The first thereof begun and appropriate in your person , so pleasantly and peaceably ruled in your time ; and so justly and righteously distribute and left after you , not only to the worthiest , as did Alexander , but also to the nearest of your friends and kinsfolk , as did Caesar to avoid blood shedding ; then as before , like a kindly Mother to the King , the Country , and Common-wealth , to the great pleasure of God , the perpetual praise of your memory , and to the universal weal and pleasure of this whole Island . If the Queen of England could have credited His Majesty , she might have had an assured friendship and concurrence of him for the time . Certainly his Majesty was ever minded to keep this kind of friendly and discreet Correspondence with her . For he was informed how little speed the Queen his Mother had , for suiting continually to be declared Second Person of England , as may be seen in that which I have written before , touching her proceedings with the Queen of England , who I knew would never grant to declare a Second Person , but with force and compulsion , which was never in the power of Scotland to do , during the rich and peaceable Reign of that Queen . Yet fair and discreet language and behaviour , gave place and access to His Majesty's Ambassadours , to pass to and fro , to gain friends , and get intelligence . Now the Earl of Arran perceiving that by no perswasion he could get His Majesty stayed from executing the resolution he had laid down of going for Edinbrugh , and calling a Convention of such Noblemen , Barons , Burgesses and Ministers , as were meetest to settle the troubled Estate of the Country , by taking up again , and following forth his former gracious intention and promise , both by Proclamation and Speeches unto divers Noblemen , Barons and Ministers . The said Earl perceiving that he could not directly stay that good purpose , so contrary to his intentions , he first made his interest to be made Chancellour , and then Captain of the Castle of Edinbrugh , that by his great Offices , besides his credit with His Majesty , he might terrifie all such as durst oppose themselves to his Courses , or Propositions . Then he used his craft , to pervert and draw the effect of the Convention , clear contrary to His Majesty's intention . For he dealt and spoke with every Lord and Baron apart at their coming , shewing them how graciously his Majesty was minded toward such as had taken him at the Road of Ruthven ; that he was resolved to grant every one of them a particular remission , some of them to be a while absent out of the Country , and others to remain at home in their own houses absent from Court. Alledging , that whoever would say that this form of punishment was not great clemency , they would lose His Majesties favour , and be reputed as Men who have no respect to his honour , and surety , it having been so odious a Crime to have laid hands forcibly upon their native Prince . This matter being so set out , and declared by him , who it was thought knew most of His Majesty's mind , and had most of his favour , evidenced by his having the greatest Offices of the Kingdom in his hand ; it was Voted by them all , To be great Clemency used by his Majesty towards those who had committed so odious a Crime . His Majesty not conjecturing the trick hereby put upon him , in rendering his gracious intention ineffectual , was very glad to hear them all conclude in one Opinion , not imagining they had been preoccupied by the Earl of Arran , part for fear , part for ignorance , others for flattery , to obtain favour of him who they saw guided both King and Country . Few or none of them , for the time , considered the apparent danger of rendering these plainly desperate , who were ordained to take Remissions , for that which before was allowed for good Service , in respect of their great number who could not yet be punished , nor quashed without hazarding His Majesty's own Princely Estate and Credit , which all discreet and wise Princes are loath to bring into Question . This allowance of good Service hath been oft practised in France , during the time of their Civil Wars , when their late Princes were but yet young , and where the Malecontents and Pretenders to Reform the Estate were so many and mighty , as to make a party answerable to that of their King. Because I was not yet come to the first day of the said Convention , His Majesty told me that same night at my coming , what had been Voted at their first meeting , which he thought would be to my great contentment , desiring me the next day to be present . I answered , I was sorry from my heart for what had been concluded , seeing it was in effect clean contrary to his intention . For whereas he thought to have settled his Estate , it was cast loose , the Die was now cast , and the Dissention so increased to the kindling of new enterprises , that chance would bear away the Mastery and Victory . For those who were compelled to take Remissions , would take it as their ditty , and that finding their former securities altered , there was not any more place left for any sort of agreement . This language of mine being contrary to the Opinion of so many , did not a little displease his Majesty . He asked me , if I thought not the Road of Ruthven Treason ? I answered , That I thought it so indeed , yet since not only His Majesty himself and his Council , had not only wisely and circumspectly allowed it for good Service , but had written the same to the Queen of England , and had sent his Commissioners to the General Assembly holden for the time at Edinbrugh , willing the Ministers at their return to their Parishes to cause the principal Gentlemen of each Shire to subscribe a Signature , or the Copy wherein the Road of Ruthven was allowed for good Service , and to be ready to defend the same . I declared also unto His Majesty , that there was a common Clause contained in all Remissions ; to wit , Except the laying hands upon the King's person ; so that how little secured they were by their present Remissions , His Majesty might easily judge . He answered , That seldom or never was any Remission seen broken , and wondered what made me think or speak contrary to the rest of the Council . I said , If I had always spoken as the rest , I had not been put off the Council by the Earl of Arran , whose qualities I had before described unto His Majesty , and what inseparable inconveniencies would attend his being again brought into Court. I requested His Majesty for his own weal , to send him home to his own House . For by his underhand dealing , I understood that this Convention would shortly bring on new desperate enterprises . His Majesty said , That I was in the wrong to the Earl of Arran , and that there would never be more desperate enterprises . I affirmed that there would be continually , ay and while the Lords who were in despair might mend themselves , or find themselves in a better security . I said moreover to His Majesty , that the Earl of Arran would yet again put his Person and Crown in hazard , so that His Majesty left me in anger . And yet he turned about again , and asked who shall then remain about me , if I put away the Earl of Arran ? I answered , Who but your ancient Nobility , the Earls of March , Arguile , Eglintoun , Montrose , Marshal , Rothess , Huntly , and Crauford , with some Ministers and Barons , known not to be factious . But so many of the Noblemen , and of their Friends , as were yet remaining within the Country , after they had heard of their Remissions , they Combin'd together and gained divers Lords , who were about His Majesty to make a new enterprise , and were minded to slay the Earl of Arran , Colonel Stuart , and some others that were about His Majesty , whom they knew to have been most instrumental in carrying on this design , though it should be in His Majesty's presence , and that way to become Masters again of the Court. Whereof I not only was advertised by some , to whom I had formerly done kindnesses , but I was advised to absent my self from Court four or five days , till the first fury of the alteration was over : For the Earl of Arran's hatred to me , procured me many friends . I again to save his Majesty from peril , and dishonour , thought it my duty to advertise him , intreating him to send home the said Earl. I cannot tell what moved the Earl , but that same night he invited me to Supper , which I refused . The next day again he took me by the hand before His Majesty , saying , That I should Dine with him in his Majesty's presence . He shewed me a very favourable countenance , for the King had forbidden him to offend me in any sort , as he would retain his favour . If he had got any word of my contrary Opinion to his , I cannot tell , or that I had desired him to be sent home , but there was some appearance of this by his behaviour and passionate Speeches unto me , soon after that I had told my judgment unto his Majesty , as men may judge , for leading me by the hand to dine with him in His Majesty's presence , which I could not evite . Before we did sit down to Dinner , he askt me how all would be ? I told him very freely , all I had spoken unto His Majesty . Then , said he , you would place about His Majesty the Earl of March , who is a Fool guided by the Laird of Compte and Robert Sives . I said , he behoved to be one with the rest of the Noblemen already named . He said it should pass my power , or any Man's , to cause him leave His Majesty , so long as he was in such danger . I answered , That the King was in danger for no other cause , but because he was with him . I perceived he entertained a great discontent at me in his heart , which burst out afterward , Threatning to put me out of the Gates , if I fished any more in his Waters . I answered , if I pleased to tarry , it would pass his power , seeing I would get more honest Men to take my part , then he would get Throat-cutters to assist him . So soon as His Majesty heard of this language , he sent the Earl's Uncle , the Laird of Caprintoun to reprove him very sharply . Whereupon he retired in great discontent to the Castle of Edinbrugh , whereof he was Captain , declaring he would not come near his Majesty , till I was sent home , to give him place , which I perceived His Majesty was satisfied I should do to please him . For his Wife came daily to His Majesty , and said , That her Husband was highly discontent , finding His Majesty to take my part against him . Whereupon I resolved to retire . At my leave-taking , His Majesty said , he doubted not but I would return when called for . By which I understood , that I should not come back , till sent for . Which suited very well with my former intentions , being resolved to attend no longer then the foresaid Convention was ended . Now the Earl of Arran triumphed , being Chancellour , and Captain of the Castles of Edinbrugh and Sterling . He made the whole Subjects to tremble under him , and every Man to depend upon him , daily inventing and seeking out new faults against divers , to get the gift of their Escheats , Lands , Benefices . And to procure Bribes , he vexed the whole Writers , to make sure his gifts . Those of the Nobility who were now unsure of their Estates fled , others were banished ; he shot directly at the Life and Lands of the Earl of Gaury . For the Highland Oracles had shewn unto his Wife , that Gaury would be ruined , as she told to some of her familiars . But she helped that Prophesie forward , as well as she could . For Gaury had been his first Master , and despighted his insolent Pride , Oppression , and Misbehaviour plainly in Council , which few others durst do , therefore he hated his Person , and loved his Lands , which at length he obtained . For Gaury being unable to be a Witness of the Oppression of his Country , obtained His Majesties consent to go out of the Country . But as he was making his preparations too longsomly , and slowly in Dundie ( as he was of Nature over slow ) where his Ship was to receive him , he was advertised by some Factioners that the Earls of Angus , Mar , and Master of Glams , had an enterprise in hand , viz. To come out of Ireland , and take the Town and Castle of Sterling . Having correspondence with divers Nobles , and others their Friends , who were in the Country Malecontents , so that they were in hope to make a party sufficient against the Earl of Arran . The despight the Earl of Gaury had against the Earl of Arran , moved him to stay to take part with them . There was at this time an universal miscontent in the Country , and great bruits of an alteration . Whereupon a Letter was written to me by Colonel Stuart , at His Majesty's Command , ordaining me with all diligence to repair to Court ; or in case I was not recovered of my Ague , whereof I had been long sick , that I might write my Mind and Opinion to His Majesty in a Letter , what was like to fall out concerning the great Rumour and Bruits of an apparent alteration . And being by reason of my foresaid Distemper , unable for Travel , I sent my return in Writing , shewing His Majesty , that there was an universal miscontent , with great bruits , not without appearance of probability of a sudden change , occasioned by the misbehaviour of such as were managers at Court , and by the great straits , and desperate Estate of those who were pursued , being men of Quality , Active and Experienced . And a greater number then could be born down or mastered , as I had frequently shewn His Majesty before , without respect of feud or favour , but simply for His Majesty's Service . Intreating His Majesty again to set forward his former acceptable intentions , which he had resolved to do when he went to St. Andrews . Seeing there was no other course advisable , for setling his troubled Estate . This kind of language was the better liked , because of so many Advertisments that came daily to His Majesty's Ears . These bruits made His Majesty be upon his Guard , and to use means to get intelligence . The lingring of the Earl of Gaury in Dundie gave ground of suspicion . His Majesty had also been advertised , That he had laid aside his intentions of going abroad according to his former resolutions , and that he was designing to wait upon the in-coming of the banished Lords . His Majesty also dreamed a Dream , that he saw the Earl of Gaury taken , and brought in Prisoner before him by Colonel Stuart . And he thought his Estate was thereby settled , which indeed for that time came true , because the Lords who had taken Sterling , so soon as they understood of the taking of the Earl of Gaury , fled incontinently out of Sterling , and at last out of the Country . Believing that the said Earl had been taken willingly , supposing his affection to have been so great to His Majesty , as being his near kinsman , come of the House of Angus , his Mother being a Natural Daughter of the said House , that he would be thereby induced to discover the whole design . He not having been upon the first design of any enterprise , but drawn in afterwards by the craftiness of others . Upon these considerations , His Majesty had compassion upon him , and had no intentions of taking his Life . But the Earl of Arran was fully resolved to have his Lands , and therefore to make a Party to assist him in that design , he ingaged to divide them with several others , upon condition that they would assist him in the design of ruining him . Which afterwards he did , having by this means procured their Consent , and Votes . At his death upon the Scaffold , he shewed himself a devout Christian , and a resolute Roman , much regrated by all who heard his grave Harangue , and did see his constant End. After his death , there was quietness for a while , though without appearance of long continuance to such as took up matters right . During this little while of fair Weather , there was a Parliament held to forfault the banished Lords , wherein these were chiefly instrumental , who hoped to raise their particular Fortunes upon the ruine of their Neighbours . Among others , it pleased His Majesty to write for me . I was by him graciously received , and remembring some of my Speeches , he took me into his Cabinet , and inquired how I now relished his proceedings . I answered , That he had reason to thank God , and no good management , and that I was assured there would be yet more enterprises : That they who took Sterling , and had retired again , would never cease to make enterprise upon enterprise , till they might see themselves in a better security . His Majesty replied , That they had gained so little by their last in-coming , that he believed they would never commit such a folly again . I answered , That had not the accidental taking of the Earl of Gaury fallen out , their enterprise would have been more successful : For they suspected , he was taken by his own desire to bewray their enterprise : That otherwise they had gained their intent , seeing some who were then about His Majesty would have concurred with them , to lay aside the Earl of Arran , whom they assisted for aw , and not for love , they hating his insolency , and seeing no Outgate how to stand by him . And that there had for that effect been secret promises made to them , by instruments who went betwixt them . But seeing the Earl of Gaury in hands , and the said Lords thereby so discouraged as to fly away , such as had made the said secret promises , took up a new deliberation , shewing themselves their greatest Enemies . While in the mean time , they but waited an opportunity of advancing their intentions . About this time the Lord Burleigh chief Ruler in England , caused send in one Mr. Davison to be an Agent here , to see what business he could brew , who was afterward made Secretary : For after the decease of Walsingham , Secretary Cicil being advanced to be Lord Burleigh , and great Treasurer of England , two Secretaries were chosen , one called Mr. Smith , and this Davison , whose Predecessor was a Scotsman . Upon which consideration , he was thought more able to conquer credit here . He had been in Scotland before , and was at my house , in company with Sir Henry Killegrew my old friend , when he was Resident in Scotland . At which time , he acknowledged to me that he was come of Scotsmen , and was a Scotsman in his heart , and a favourer of the King 's Right , and Title to the Crown of England . He desired me to keep all secret from Mr. Killegrew , promising if he could find the means to be employed here , that he would do good Offices . His Majesty was for the time at Falkland , and wrote for me , to be directed to ride and meet the said Davison . Whom I was commanded to Convoy to Coupar , there to remain till his Majesty had time to give him Audience . Afterward I Convoyed him to my own house , and from that to Falkland , where His Majesty found his Commission to small avail . But because Walsingham had refused at his being here , to speak with the Earl of Arran , albeit the said Earl had offered by me to give satisfaction to him in all his desires , so that he would confer with him . Which Walsingham still refused , but Mr. Davison was directed at this time to deal with the Earl of Arran , to see what advantage might be had at his hand . For my Lord Burleigh was not content that Walsingham was so precise ; therefore Davison entred into familiarity with him , and was made his Gossip , and heard his frank offers , and liked well of them . For after that the Lords were fled to England , and forfaulted , the Council of England thought they had some ground to build a new faction upon , to trouble the King , and his Estate . And whereas the said Davison had promised before to shew himself a kind Scotsman , I perceived him clean altered , and a perfect practiser against the quiet of this State , whereof I advertised His Majesty . After his return , England appeared not to have such a fear , as it had formerly had at the Earl of Arran . For there was a meeting drawn on at the Borders , betwixt the Earl of Hunsdon and the Earl of Arran . Who had long and privy conference together , to keep a great friendship betwixt the two Princes and Countries ; with a secret Plot , That the Earl of Arran should keep the King unmarried for three years ; under this pretext , That there was a young Maid of the blood in England , who about that time would be ready for marriage , whereupon the Queen would declare His Majesty Second Person . This was a deceitful Traffique , and kept secret from every Body , the design thereof being to hinder the King to deal for any other honourable and profitable Match . The Earl of Arran thinking himself setled , being now in friendship with the Queen of Englond as he supposed , moved His Majesty to send thither the Master of Gray , who was entred in great favour and familiarity with His Majesty , by some secret dealing and intelligence he had with the Queen his Mother in England , by means of some of her friends in France . For being there at his Travels , and but lately returned , he brought some Letters directed from Her Majesty to the King her Son , and conveyed the answers back again , by an interest he had in England , with some who favoured Her Majesty . He was a great dealer also , between Her Majesty and some Catholicks in England . He was a proper Gentleman , of a Noble Spirit , and fair Speech , and so well esteemed by His Majesty , that Arran thought fit to absent him from Court by this Ambassage . Nevertheless he employed him also in the Course begun betwixt him and the Earl of Hunsdean . And yet when he was at the Court of England , so well esteemed and treated as was reported by such as were sent back , it was alledged by some of the Master of Gray's friends , that the Earl of Arran began to envy him , and misrepresent him unto His Majesty , as if he had discovered unto the Queen of England , a great part of the Queen of Scotlands purposes , and proceedings . However the said Master returned again well rewarded , and commended for his behaviour , qualities , and discretion unto the King's Majesty , to the great increase of his Credit with the King. Not long after his return , he was informed what misreports had been made of him in his absence . Which he recompensed the best he could with Court Charity at convenient times , so that by little and little he began to Eclipse Arran . The Master of Gray also forewarned His Majesty of a notable Person who was upon the way , sent unto His Majesty by the Queen of England , to do him honour , and to bear him company , to entertain a stricter friendship between that Queen and Him , then any had ever been intended before . And that the said Ambassadour called Mr. Wotton would not trouble His Majesty with Business , or Country Affairs , but would bear him company in his Pastimes of Hunting , Hauking , and Horse-riding ; and entertain him with friendly and merry Discourses , as one come lately from Italy , and Spain , expert in Languages and Customs of Countries ; and a great lover of His Majesty's Title , and Right to the Crown of England . So that His Majesty was ingaged to love him before he did see him , and caused with diligence to write to me to come and entertain the said Ambassadour . At my return to Court , I was the better taken with , that Arran was under some Cloud . The Master of Gray was then my great friend : For His Majesty had told him , that I had ever resisted the Earl of Arran's furious proceedings . His Majesty desired me , as I would do him acceptable Service , to bear good company to the said Ambassadour , declaring unto me all his properties , and qualifications above specified ; willing me also to Banquet him at my house . But after I had conversed certain days with him , I remembred I had formerly seen him in France with Doctor Wotton , who was there Ambassadour Resident for Queen Mary of England , the time that she was married with King Philip of Spain . During which time , there were great suspicions and jealousies betwixt France and England . For tho there was hot War between France and Spain , yet the Peace continued still with the Queen of England , who was lately married by the King of Spain . She appeared still to keep the Peace with France , though in the mean time she sent over to Flanders both Men and Mony to the help of the King her Husband . The old Constable of France , my Master , who for the time had the whole management of the Country Affairs , under King Henry the Second , reproached the English Ambassadour , for that the Queen his Mistress was doing her endeavour to break the Peace . The Ambassadour excused his Mistress , alledging , That if any of his Country-men served in the Wars under the King of Spain , that they would be found but Soldiers of Fortune , ready to serve any Man for Mony. She denied that she knew of their passing into Flanders , or that she disbursed any Mony for the Wars . Albe●t that there was ground enough ministred unto her , by reciving and retaining in France all her Rebels and Fugitives , giving them Pensions and Intertainment , and stirring them up to enterprises against her Life , and Estate . This the Constable flatly denyed , only he said , That out of a general good will which was born to English-men in time of Peace , they were suffered to live in the Country , which bears the name of France , because there should be Freedom and Franchise to every Christian. The Ambassadour being wise and subtil , perceiving this answer to be but a shift , and that Wars would inevitably follow these kind of suspicions ; he intended by some subtilty to Circumvent the Constable , and for that effect had sent to England for his Brother's Son , being One and Twenty years of Age , as well to employ him , as to teach him the French and Italian Languages . This youth being arrived in France with an Irish Boy to be his Interpreter , who could speak French , both apparelled in mean array , to be the less suspected to have any practice or policy in their minds . Like a Forreign young Man he addressed himself to some of the King of France his Courtiers , desiring Audience of His Majesty secretly , as having a matter of great importance to propose . The King again divers times directed him to deal first with the Constable . At last when he came to the Constable , he desired also of him , that he might first declare unto the King his Errand , which was of great importance , although he knew that the King spoke with no Man in such matters , until the Constable had first sounded him , and then told his Opinion to the King , what answer were fittest to make . At length he said , he would declare the matter unto the Constable , under promise of great secrecy , causing the Constable by this niceness to suspect some practice . When he gave him Audience , he caused me to be present beside him . At their meeting in the Constable's Cabinet ; his Irish Interpreter was put forth , against his will , as appeared . But he was so instructed by the Ambassadour his Uncle , to use such forreign and rude fashions . Yet again e're he began to propose his Errand , he desired secrecy . The Constable being an old , wise , experimented Councellor , put him a little aside , and rounded in my Ear , to know if ever I had seen this young Man before . I answered , That I had observed him the preceding day at long conference with one Mr. Sommer Secretary to the English Ambassadour . Then the Constable thought , that he should handle the matter well enough : for he instantly conjectured that all this niceness proceeded from the Ambassadour , to intrap him . So calling the young Man again , he desired him to shew what he had to say . Mr. Wotton began to declare the great miscontentment that was in England , not only for bringing in the proud Spaniard to Rule over them , but also for the alteration of Religion made by Queen Mary , moving many to Rebel , and others to remove off the Country , who nevertheless were all well received and treated by the King's Majesty of France . Whereby he had gained the hearts of the third part of England so devoutly towards him , that they would gladly put the Crown of England on his head , ( getting liberty in Religion ) to be quit of the Spanish Tyranny , and terrible Inquisition , which was feared would also be established in England . And for the first proof of their good will and gratitude , a number of Lords and Knights , who durst not write , had sent him secretly with an Overture to put the strong Town of Calis into his hands , with the whole Earldom of Oye . At this the Constable made a start , and said , Know you not my friend , that there is a sworn Peace betwixt your Queen and my Master ? The other replied again , how that the Queen of England aided secretly , whith Mony and Men the King of Spain her Husband , in his Wars of Flanders against France . Which the Constable alledged that she denied by her Ambassadour , willing him however to tell out the rest of his Commission . Then , said he , My Lord , the means how you may get Calis , is this , First , The most part of the Town is of the Reformed Religion , and are Malecontents , having refused to receive a Garison of Spaniards . And they are friends to those who have sent me , and keep correspondence with them ; only the Towns Ship keeps the Town , keeping Watch and Ward , being unskilful in handling their Arms. Therefore the King shall cause Monsieur Senarpon his Lieutenant in Normandy , to lye in ambuscade at such a Wood within a mile and an half of the Town , at an appointed day , then a Ship well furnished with Armed Men shall lye at Anchor half a mile from the Town . And some of them clothed like Marriners , shall come on Land , and have Swords and Pistols under their Cloaths , and shall wait about two of the Afternoon , at which time the Ports of the Town are opened to let Men in , and out . Part of those who attend the Ports , will be at their Dinner , when one or two will come before the rest to open the Gates . Thus the Gates being easily seised upon , let one of the Company shoot off a Culverin , that the Ship may hear , and shoot a Cannon to cause Monsieur de Senarpon with his Company advance . In the mean time , there shall be a mutiny raised in the Town by our friends , and partners , so that the Town shall be obtained without stroke . After that the Constable had heard all this long discourse , he said , That it was a very probable design , and he doubted not but it might be easily effectuated , but in respect of the sworn Peace , the King his Master would not , nor should never have his consent to break it . But that he was much ingaged to the Noblemen who did bear him so much good will , and as for him who had taken so great pains , the King should reward him , willing me to remember to cause give mony to the young Gentleman . So he gained nothing at the Constable's hand , and never came again to seek his reward ; but was afterward manifestly known to be Brother's Son to Doctor Wotton Ambassadour , as said is . This is he now who was sent hither to bear His Majesty company , as one who will not meddle with Practises , but with Pastimes . But when I forewarned His Majesty to beware of him , and told how that he being little above Twenty years old , was imployed to beguile the wise old Constable : Now he was Fifty years , and His Majesty but Twenty , it was to be feared he would endeavour to beguile him . Yet His Majesty would not believe me , but believed the said Mr. Wotton to have a great kindness for him , and so he became one of his most familiar Minions , waiting upon him at all Field-pastimes ; and in appearance he despised all busie Councellors , and medlers in matters of State ; as he was instructed by such as said , he would please His Majesty best to appear such . But he had more hurtful fetches in his head against His Majesty , then any English-man that ever came in hither had at any time before . You have heard before of a meeting that was drawn on at the Borders , betwixt the Earl of Hunsdean and Arran ; where at their secret conference Arran was required by the craft of the Lord Burleigh , and his faction in the English Council , to stop the King from any marriage for three years , upon many fair counterfeited promises ; One whereof was , That he should be declared Second Person , upon his marriage of the forenamed English Lady of the Blood. At which Arran granted all that was desired , he was so glad to procure the Queen of England's friendship . About that time the Queen of England , by her intelligence from Denmark , was advertised of a great and magnifick Ambassage , to be sent from Denmark to Scotland , viz. Three Ambassadours , with Sixscore Persons , in Two gallant Ships . Whether she suspected , or had heard , that it was to draw on a marriage , I cannot tell . But this far I learned , that her Council judged it was to confirm at least a greater friendship betwixt the two Kings , and their Countries , which was one of the Causes that moved them to send this Mr. Wotton to Scotland , to use all his wiles to disturb and hinder any greater Amity , that might proceed from the said Commission , and Negotiation between their two Kings , and their Countries . For England trusted nothing to the Earl of Arran's promise , for they esteemed him as an inconstant Man , as is already declared . So soon as the Danish Ambassadours arrived by Ship in this Country , His Majesty ordered me to entertain them , and bear them company . And because they were three joined in Commission , he willed me to choose any other two whom I thought meetest , to bear them company with me . I named unto His Majesty the Laird of Segie , and William Shaw Master of Wark . First , At Dumfarmling they Congratulated His Majesty in the King their Master's Name , with a long Discourse of the old Amity , Bond , and mutual Friendship between the two Kings , and their Kingdoms . And last of all they required the Isles of Orkny to be restored again to the Crown of Denmark , alledging they were mortgaged , to be redeemed again for the Sum of Fifty Thousand Florins . Their coming and demand was diversly scanned , some supposing Wars would ensue , unless the said Isles were rendred , others thought that their intention was to bring on a marriage with the King of Denmark's Daughter . Now albeit His Majesty was determined to treat them well , and honourably , they were nevertheless mishandled , rufled , and delayed here the space of Months , to their great charge and discontent : for they lived upon their own expences , and were not defrayed by His Majesty , as all other Ambassadours of that Nation have been since . When they were appointed to part out of Dumfarmling toward St. Andrews , there to get their dispatch , His Majesty ordered to tell them , That he would send them Horses out of his own Stable , to ride upon . The day of their parting being come , they sent away their Baggage and Officers before them , and were booted themselves , waiting upon His Majesty's Horses , and because they came not in due time , they went forward on foot . The King was much dissatisfied when he understood how they were handled , and caused his Horses to follow fast after them , and overtake them . When they came to St. Andrews , divers appointed days of Council and Covention were broken unto them , which were promised to be kept for their dispatch , for obtaining whereof they were very earnest . Then Men were appointed to deride them at their Lodgings , and before their Windows when they lookt out to the street . So that nothing was left undone , which could enrage them , or stir them up to choller . Only Mr. Wotton the English Ambassadour visited them frequently , and did well and favourably entertain them , comforting them at all occasions , appearing to be sorry that they were so abused . He offered to lend them Gold and Silver largely , for the great friendship that he knew to be between the Queen his Mistress , and the King of Denmark . For he was assured of good payment , and thought to purchase credit at their hands , by his apparent friendly dealing . At length under great secrecy he said he would not conceal from them , that he had heard the King speak disdainful language of their Country and Customs ; and also , That some of his Gentlemen had heard the King speak evil of their King , undervaluing him as being descended of a Race of Merchants . And he further assured them , That he and his Council were resolved to keep them long here , without any dispatch , to affront and weary them . Then again the said Ambassadour , and two of his Gentlemen informed his Majesty of these hard Speeches , of the reproachful dealing they had met with from King and Council , reflecting upon their Master . He informed him also of the rude manners , and drunkenness of those that were about His Majesty , who had the like scornful language of the King of Denmark , his Country , and Ambassadours , moving His Majesty to make the less of them . Whereby they were stirred up to such a rage , that I had much to do to keep them two or three several times from going to their Ships , to have returned to their King without any answer , and to have given him an accompt of the disdainful usage they had met with , and the injury thereby done to him . The Earl of Arran was also their great Enemy , because they made no court to him , but rather slighted , some of their Company having known him in Sweden a Common Soldier . So that he was as ready as the rest to mock and deride them ; albeit at that same time the Ring-leaders about the Court were Combined together with the English Ambassadour against him . The principal of the three Ambassadours was a wise , grave , and ancient Councellor . The second was furious in his Speeches . The third cried out , The King our Master is affronted , we must be revenged . I took the first apart , requesting him to hear me patiently , for he spoke good Dutch , but mine was not so good . Therefore I desired that he would more notice my meaning , then my words , and be more careful to cause his friendly Commission to take effect , that he might return home with happy success , then to withdraw abruptly , to be called unhappy Instruments of discord at the pleasure of a few scornful Factioners , who had laid their heads together to cause them part dissatisfied , and to be as instrumental in doing evil , as they were minded at their coming to do good . I told him , how that the Queens Majesty of England was a wise , well inclined , and politick Princess , and that there were as many honest and good Men in England , as in so much bounds in the whole World ; abeit there was in it divers Opinions , and Factions , shooting at sundry marks , as is done in all other parts . And because that their Queen would never marry to have Succession of her own Body , they were all very desirous to know who after her should Reign over them . The most part of the Country , expects that it shall be our King , and wisheth his welfare and prosperity , as being righteous Heir to the Crown of England , both by the Father and Mother's side . But those who at present have the chief management of the Court , shoot at other particular marks of their own , minding to set forward some of themselves , or of their friends , to brook the Kingdom . And for that cause , they make all the opposition they can to our King , because of their unmerciful dealing to his Mother , for the which they fear some day to be punished , when he comes to be King of England . For all these respects , they endeavour to keep him from marriage , and from all forreign Friendship and Alliance . This Ambassadour of England , is a very ill Instrument , both himself , and his Gentlemen , and hunting daily with His Majesty , makes the worst reports they can . The Ambassadour of Denmark answered to that , marvelling that Mr. Wotton should make such report of them , he offering them so great friendship , and giving them daily intelligence how they were scorned and mocked , both by the King and his Council , to his great regret , offering to lend them mony , and to do all other pleasures to them that lay in his power . I replied , He knew well enough , that he would get good payment , and great thanks . For the King of Denmark was esteemed a worthy Prince , and his Ambassadours worthy to be honoured ; but the guiders of the Court of England desire not that our King should think or esteem so of them , wishing him to have but few Friends , and many Enemies . Then I assured him , That the King's Majesty and all his Subjects , except some who were corrupted by England , were determined to entertain and increase a continual friendship with the King and Country of Denmark : Praying their wisdoms-couragiously to resist , and not feebly and foolishly to give place to the said crafty practices of their scornful enviers , by retiring abruptly , thereby suffering themselves to be made evil Instruments , directly against their own Intention and Commission , and they should shortly see good success to follow thereupon , to their great contentment . Promising unto them for my part , That I should go instantly unto his Majesty , and with all hazard that might be , should discover unto him , how both he and they were deceitfully abused by the double dealing of the English Ambassadour , and such Courtiers as assisted him . Upon this discourse and promise , they went to councel all three together , as their custom was . And after long conference , they gave me answer , That their coming was for to do good Offices . And albeit they had suffered sundry injuries , they would be sorry to be made Instruments of discord , so far against their Commission and Intention , and therefore would yet stay upon hope of better handling , and upon my promise , albeit to that hour few or none had been kept to them . After this , I shewed unto His Majesty what great inconveniencies might ensue upon the long delaying , and ill handling of the Danish Ambassadours . And yet that I marvelled not that he made so little accompt of them , in respect of the great care , and fine practices , that were used to make him undervalue them , by the English Ambassadour and his Assistants , who had His Majesty's Ear for the time . At the first His Majesty was impatient to hear this language spoken of Persons he had so good liking of , and said , that he was informed , That the King of Denmark was descended but of Merchants , and that few made accompt of him or his Country , but such as spoke the Dutch Tongue . For this was put in his head to prevent any of my perswasions in their favour , lest they should get place or credit . I answered , That neither could the King of France , or Queen of England speak Dutch , and yet they made great accompt of the King and Country of Denmark . France having their Ambassadour lying there , and paying yearly to the King of Denmark a great Sum of Gold , to the value of Twenty Thousand Crowns . His Majesty said . The more shame was his . I said , Rather to the King of France , who must buy his kindness . Neither could the Queen of England , said I , speak Dutch , yet she made much accompt of the King and Country of Denmark , and durst not offend him , nor none of his Ships , both by reason of the straight passage at Elsoonure , and also because he had great Ships to make himself amends , in case she did him or his any wrong . I said , moreover , That whereas it hath been reported to Your Majesty , the Race of their Kings not to be of Noble and Royal Blood ; I shall shew Your Majesty that it is but manifest invention to cause you to despise them . For this , late King Frederick is descended of an Old and Royal stock , to wit , Christianus of Denmark , the first of that name , who had two Sons , and one Daughter called Margaret , married into Scotland to James the Third his Eldest Son. John was King after him ; his second Son Frederick was King of Norway , and Duke of Holstein . Iohn had a Son called Christianus the Second , also King of Denmark , who married Charles the Fifth his Sister , who did bear him two Daughters : Whereof the Eldest was given in marriage to Frederick Elector Palatine ; the Second to the Duke of Millain , and afterward , being a Widow , married the Duke of Lorrain . Himself was taken and kept in Prison by his Subjects , for some rigorous Execution upon his Barons , and his Father's Brother Frederick was made King. After this Frederick , the Earl of Altenbourg was chosen by assistance of the Town of Lubeck , but Christianus the Third , Son to the said Frederick , put him out , and conquered the Kingdom . Nevertheless this Christianus being a good Prince , would not change their old Priviledges , but caused himself to be chosen , and likewise his Son Frederick in his time , to Reign after him ; who is now present King , and hath sent this honourable Ambassage to Your Majesty , as to his good friend , and kinsman , descended of the Kingly Race of Denmark . And whereas he requires again the Isles of Orkny , it is for the discharge of his Oath , because every King of Denmark at his Election ; is sworn to claim again the said Isles , which he hath done for the fashion , and for no other effect , but to draw on a greater familiarity , and friendship . Or else he had not sent so honourable a Company , but rather an Herauld of Arms , if he had been earnestly bent either to get the said Isles , or to quarrel about them . After that His Majesty had heard this Discourse far different to his former Informations , he was exceeding glad , and said , he would not for his head , but that I had shewn the verity unto him ; and that same afternoon he sent for the said Ambassadours , and acquainted them how near Allied he was to the King of Denmark . He excused their long delay , and promised instantly to see them dispatched himself , and that within three or four days . He called for Wine , and did drink to them , and sent them home very well content , and satisfied to their Lodgings . He commanded a Banket to be prepared for them , which His Majesty's Controller and Officers were quietly forbidden to do , alledging the scantness of Provisions . Which the Laird of Segie and I perceiving , we dealt with the Earl of March , who prepared a great Banquet for them in His Majesty's Name , to the great dissatisfaction of Mr. Wotton , and his Partisans , who durst not appear . And though they would not suffer His Majesty to be present at the Banquet , but to Dine in his own Chamber , yet His Majesty being informed by me how matters went , he rose from his own Dinner , and went to the Banquet-house , and drank to the King , Queen , and Ambassadours of Denmark , and so contented them . And he caused their dispatch to be in readiness , conform to his promise . But when I advertised His Majesty , That there was no Present prepared for to reward them withal , he was wonderfully troubled , saying . They who had the management of his affairs , were resolved to affront him . Now at this time was the Earl at Court , not so much in favour as formerly . During the which time , there chanced a strange misrule to fall out at a day of meeting upon the Borders , which was set between the two Wardens : where Sir Francis Russel upon the English side was killed . Whereupon the English Ambassadour took occasion to lay the blame upon the Earl of Arran , alledging , That the Laird of Fernthast who was Warden upon the Scots side had married the Earl of Arran's Brother's Daughter . And that the said Earl had caused the slaughter to be made , that the Borders might break loose . In this complaint , the said Ambassadour was well assisted by the Master of Gray and his Companions . So that the Earl of Arran was Commanded to Ward within the Castle of St. Andrews , and was kept strictly there three or four days . So that being in fear of his life , he sent for Colonel Stuart , the Laird of Segie , and me , and lamented to us his hard handling , purging himself , as he might justly do , of that accident that fell out upon the Borders , requesting us to intercede for his liberty . He declared unto us a secret to be shewn unto His Majesty , in case his life was taken from him , which was a promise made unto the Queen of England , That the King should not marry with any for the space of three years , whereof I have formerly made some mention . Nevertheless he forgot not to travel for himself , for he sent his Brother Sir William to the Master of Gray at midnight , promising to get unto him the Abbey of Dumfarmling , so that he would obtain his liberty at His Majesty's hand . Which was incontinently granted , and also the said Benefice disposed unto the said Master . Whereupon the English Ambassadour was in a great rage at the Master , but their discord was afterward agreed . Only Mr. John Maitland Secretary , and the Justice Clerk , and the Earl of Arran , were ordered to retire home to their houses . But before Arran's journey , His Majesty was informed to desire him , with all possible diligence , to lend him a great Gold Chain , which he had got from Sir James Balfour , which weighed Fifty-seven Crowns , to be given unto the Danish Ambassadours . Which if he had refused to do , he would have lost His Majesty , and in delivering it he lost the Chain . In the mean time , the Ambassadours understanding that their dispatch was in a readiness , took their leave of His Majesty , who was also ready to part from St. Andrews . I informed His Majesty not to deliver them the Dispatch , because the Chain was not yet come : For they were minded incontinently to make Sail , having stayed so long , and that the Winter Season was at hand . Albeit that I had shewn to one of their familiar Servants , that certain rewards were to come within two days , praying them to stay so long . Which they would not grant to do , but went to their Ships : Whither I promised to bring their dispatch , which I requested His Majesty to cause deliver into my hand , to be kept till the Chain should come ; which was divided in three parts , for it was large . When I came to their Ships , they were going to Supper . Which being done , I delivered to them their answer in writing , with the Chains , and some excuses for their long stay , and small reward . So they parted well satisfied , assuring me that they would be good instruments of Amity . Albeit by the harsh usage they had first met with they had once resolved otherwise . They were not commanded to speak of marriage , whereof there was some groundless bruit . The King their Master had fair Daughters , with any whereof it was supposed the claim of Orkny would go . They thanked me for the good Offices they had received from me , seeing my staying them from parting discontent , had preserved the two Countries from being ingaged in War. Which , they said , they would not fail to declare unto the King their Master , with whom they would not fail to make me acquainted , not doubting but that the King my Master would one day say , That I had done him good Service . So I did take leave , having rewarded the Gunners , Trumpeters and Musicians . At my return to Court , I acquainted His Majesty , that the Danish Ambassadours had set Sail for their own Country very well contented . I gave him a particular accompt of all Speeches , that past betwixt them and me at their parting . Whereupon His Majesty took occasion shortly after to send one to Denmark , offering that Commission to me ; which I shifted , perceiving those who had His Majesty's Ear , and had most Credit with him , to be altogether averse from his marriage that way , holding still one course with England . I named Mr. Peter Young Almoner , as very fit for that Errand : who was sent to Denmark , to thank that King , and to see his Daughters , that he might make report again of his liking of them , with a promise , That e're long His Majesty would send a more honourable Ambassage . The Earl of Arran being sent home , as said is , the English Ambassador and his Scotch friends ( as the Master of Gray , Secretary Maitland , and the Justice Clark ) had chief credit and handling of His Majesty's Affairs . The said Ambassadour had procured such favour and familiar access about His Majesty at all times , that he was upon an enterprise to have brought in secretly the banished Lords , to have fallen down upon their knees in the Park of Sterling before His Majesty , at such a time as they should have so many friends in Court , as that His Majesty should have remained in their hands as Masters of the Court for the time . But this enterprise failed him , for they durst not yet take such hazardous course , till they might lay their Plots more substantially . Then the said English Ambassadour interprised to transport His Majesty out of the Park of Sterling , unto England . And failing thereof , His Majesty was to be detained by force within the Castle of Sterling . Whither Companies of Men were sent to be there at an appointed day , of which design my Brother Sir Robert got intelligence , and told it incontinently to the King's Majesty , giving him the Names of the chief enterprisers . And because it came to one of their Ears ; who stoutly affirmed the contrary , my Brother offered to maintain the truth thereof by Combat . Which His Majesty would not permit , because at last the person granted it to His Majesty . Whereupon my Brother perswaded His Majesty with great difficulty , to depart out of Sterling for ten or fifteen days , and hunt at Kincairdin , before the enterprise were ripe . Which so soon as the Ambassadour understood , he fled in great fear and haste , without Good night , or leave-taking of His Majesty : Well instructed , and furnished with the promises of such , as had assisted him in our Court , to perswade the Noblemen who were banished in England to come home , where they should find friends enough before them at Court , to put His Majesty in their hands . The Master of Gray also absented himself , and went to Dunkel , and there remained with the Earl of Athol . And upon some bruits of enterprises , there was a Proclamation set out in His Majesty's Name , by such as had his Ear , to purchase to themselves the more Credit , to be true and careful Councellors to His Majesty . Which Proclamation was afterward delayed by craft , that the banished might prevent the day , and come in and get the King in their hands , whereby they might discharge the Proclamation at their pleasure . In the mean time I received a Letter to be at His Majesty with all possible diligence , and another from the Earl of Arran , intreating me to accompany him from Kinneal to the Court. But I went to His Majesty strait , whither also the said Earl came that same night . For he had procured liberty to return again to Court , and remain about His Majesty . At my coming to Sterling , I had intelligence from a very sure hand , That the said Lords were already at the entry of the Borders , assisted by my Lord Hamiltoun , my Lord Maxwel , my Lord Bothwel , my Lord Hume , and sundry others , who had not formerly joined with them . Also the Earl of Athol , the Laird of Tillibardine , Buccleugh , Cesfoord , Coudingknows , Drumlanrick , and others , who were in greatest credit about His Majesty , were to join with them at their in-coming . Whereof I advertised His Majesty , and Colonel Stuart , who undertook to ride unto the Borders , and overthrow them , before they were wholly Convened together ; which might very probably have been effectuated , if the design had not been craftily disappointed by such as were about His Majesty , who appeared to set forward the Colonel's enterprise to please His Majesty , and to conquer credit , saying , They would write to Coudinknows , Buccleugh , Cesfoord , and such others to assist him . Whom they knew to be upon the contrary Faction already , so that the design of scattering them was rendered by that Craft ineffectual . And because I perceived the crasty intention , and that they feared I would therewith acquaint His Majesty , they caused His Majesty to send me a forged Errand to Dunkel , that they might the better bring their purpose to pass without any contradiction . The pretext of my Commission was to cause the Earl of Athol to stay at home , and not to join with the Lords who were to come shortly to Sterling . And by the way I was to deliver a Letter to the Baylies of St. Johnstoun , to be upon their Guards , and not to suffer any of the King's Enemies to come within their Town . The Bayliffs inquired of me , what if the Earl of Athol , and Master of Gray would desire to come within their Town ? I said , They might let themselves enter with Ten in Company , but no more . They alledged , That their Letter specified not that . I told them , That was committed to me by mouth , the Conclusion of my Letter willing them to credit me . When I came to Dunkel , I knew that the Earl of Athol would not stay for me , who had a Thousand Men in readiness to take the Town of St. Johnstoun , and to come thence to Sterling , with the Master of Gray , who was yet with him . But however I told him that the Collonel Stuart was gone with Forces , to defeat the Lords at their entry into the Country , before they might be joined together . And that therefore he would do well to lye at home , till he might understand the issue of the said enterprise . If that took effect , it would be folly to him to march forward , and if it did not succeed , he might do as his heart served him . He thought this Counsel good , desiring me to write unto His Majesty for a License to him , and his , to remain at home ; which I did . In the mean time , the Master of Gray was sent for to Court , the Ports of the Town of Pearth being refused to his Men , who were come out of Angus to assist him . At his returning to Court , he was as great with His Majesty as ever he was , remaining with him within the Castle of Sterling . Where there were two Factions , who discovered themselves so soon as they saw the Malecontents , and banished Lords draw near unto the Town of Sterling . Whither they came to the number of Three Thousand , and entred unto the Town without stop . His Majesty inclined most to the Faction , who brought in the said Lords , who advised His Majesty to send some down to the Town , to Commune and Compound matters . Which was at length Agreed upon , and Concluded , That His Majesty should remain in their hands , that no rigour should be used to those who were about him . So that those who were mediators , appeared to be good Instruments , and stayers of Blood-shed . For Arran was escaped , and fled at their first entry . But Colonel Stuart only with Ten or Twelve , gave them such a charge in the midst of the narrow part of the Town , that a little more help might have put them in great disorder . For the most part of their South-land Men were busie , spoiling Horse and Goods . The Lords , when they came into His Majesty's presence , fell down upon their knees , humbly begging pardon . Adding , That the hard handling by Arran , and other partial Persons about His Majesty , had compelled them upon plain necessity , and for their last refuge to take the boldness to come in Arms , for the surety of their Lives , and Lands , being ever humbly minded to serve His Majesty , and obey him . The King again like a Prince full of Courage and Magnanimity , spoke unto them pertly , and boastingly , as though he had been Victorious over them , calling them Traitours , and their enterprise plain Treason , Yet , said he , in respect of your necessity , and in hope of your good behaviour in time-coming , he should remit their faults . And the rather , because they had used no vengeance , nor cruelty , at their in-coming . In the mean time , His Majesty committed and recommended the keeping of the Earls of Montrose , and Crauford , unto my Lord Hamiltoun . And the keeping of Colonel Stuart unto my Lord Maxwel . These three were for a time in some danger , because they had too violently espoused Arran's interest . The rest of His Majesty's Servants , were over-lookt . Sir Robert my Brother , and his Son , were both courteously used . This moderate behaviour of the Lords , conquered daily more and more favour from His Majesty . They pressing him in nothing , but by humble Intercession of such as formerly had his Ear. A Parliament was proclaimed at Lithgow for their restitution , whither His Majesty was convoyed to pass his time at Hunting , thereby to Recreat his Spirits . Many Noblemen , and others , were written for , to come unto the said Parliament . Among the rest , the Earl of Athol , to whom I had been sent , and with whom I was , at the Lords coming to Sterling . Where I was waiting upon an answer from His Majesty , of the Letter which the Earl of Athol had desired me to write , as said is . When I came to kiss His Majesty's hand , I was gladly made welcome . His Majesty alledging , That I was Corbie's Messenger . I answered , That my absence with the Earl of Athol had saved all my own Horse , and the Town of St. Iohnstoun untaken , and had kept the said Earl from assisting with the rest . So that if those who had remained at Sterling with him , had kept the South , as well as I had done the North , their Horse had been safe as well as mine was . His Majesty said , That God had turned all to the best : For he had been before made believe , that he would be in danger of his life , in case these Noblemen had ever any more power about him . And yet though they had both Him , and his Servants in their power , they had used no rigour nor vengeance . His Majesty remembred how frequently I had forewarned him of this , and the like accidents , that I said would follow upon the Earl of Arran's rash proceedings . He acknowledged , he had been a bad Instrument , and declared that he should never have more Place , or Credit about him . He desired me to wait at Court , and help to do all good Offices betwixt him and his Nobility . And to tell them the truth , who was to blame for their trouble , as having occasioned the same ; seeing he had great prejudice , and no advantage thereby ; it being far from his inclination to seek any Man's Life , Lands or Goods , but only the peace and quiet of the Country , and the settling of the Subjects among themselves . Which I could testifie for a truth , the verity thereof consisting within my knowledge . His Majesty told me also , how he had shewn unto the Noblemen my honest and friendly advices toward them , and that I opposed my self continually to the Earl of Arran's proceedings . He desired me also to help to satisfie the Ministers , who were seeking to be restored unto their former free Assemblies , which he had forbidden them at the advice of the Earl of Arran . The same being one of the occasions of all the following troubles , which were chiefly grounded upon the dissatisfaction of the Ministers , by whom the Country was influenced . So that I tarried a while at Court , till matters began to take some setling . Divers of the Lords also were earnest with me to stay , offering me great kindness : saying , That His Majesty had told them , every Man's part , and behaviour in relation to their Banishment and Persecution . And that I was ever for a moderate Course , desiring ; and pressing , as His Majesty's interest , an Act of Oblivion to be Past for all by-gones during his Minority . The said Lords therefore caused me to propose some of their suits to His Majesty , whom in nothing they would press beyond his own pleasure . But the Council was of different opinions concerning the restoring of the Ministers to their former Priviledges , and Freedoms , where I was brought in to give my Opinion . The greatest part thought fit to delay them for a time , chiefly such as had remained about His Majesty , and had said too much before to the contrary . But they had yet some private designs hatching in their heads , which could not be brought about , if the Country were wholly in Peace . Which they knew would be , were the Ministers satisfied . My Opinion was , That His Majesty was not to be blamed , that the Noblemen were banished , or the Ministers Priviledges taken from them , seeing all these insolencies were committed by evil Instruments , who ruled over His Majesty's good mind , to satisfie their own Ambition . Who now being fled and absent , I knew no reason why the Ministers should not be restored to their former Priviledges , as well as the Noblemen to their Lands , and Honours ; the one being no less contributive to the setling of the Kingdom , as the other . Seeing if this were omitted , the blame would still lye upon His Majesty , and the Country would be still in trouble . The Secretary Maitland , was against this Opinion ; for he had formerly spoken too much on the contrary . But the rest of the Noblemen , and the Council , thought my Opinion best . But yet at that time it was not followed , nor granted at that Parliament . Yet shortly after , it was found His Majesty's interest , and conducing for fully Establishing Peace in the Country , that the Ministers should be restored to all their former Priviledges . It is above-mentioned , That the Mr. Almoner was sent to Denmark . Shortly after , Colonel Stuart took occasion to go thither about his own affairs ; for he had a Pension of the King of Denmark . He obtained also some writing , whereby he was Commissioned to speak of the King's marriage with the King of Denmark's Eldest Daughter . And they both returned with so good and friendly answers , that there was little more mention made of the restitution of the Isles of Orkny . The King of Denmark was also put in hope by them , that His Majesty would send the next Summer an honourable Ambassage to Denmark , to deal further in these matters . I have shewed already the dangerous practices of the English Ambassadour Mr. Wotton , and a part of their effects , but the principal is yet behind . The Council of England having concluded to take the Life from the Queens Majesty his Highnesses Mother , after she had been many years kept Captive in England , thought first to get the King her Son in their hands , and to put him in hope that he should obtain the Crown of England , the rather that he was within their Country . And in the mean time to be sure , that he should not be able to revenge his Mother's death , but might be as a pledge among them , in case his Country-men , or his Forreign and French friends , would pretend to menace them , or to make War for his Liberty , or in revenge of her death . For in that case they might threaten to cut him off , if for his Cause they should be troubled . And however it were , through time it was suspected that they intended to take his life also , after that they had laid their Plots how to make him odious to the People by false counterfeit Letters , and alledged practices , ( as they had craftily and deceitfully alledged upon his Mother ) against the State. But finding this their design of carrying him to England , discovered by my Brother's intelligence , the said Ambassadour fled as said is . And for the next best , thought fit to see His Majesty put in the hands of the most part of the Nobility , who were banished for the time , and during their banishment had been sheltered in England , who they thought by fitted Instruments might be stirred up to take his Life , at least to keep him in perpetual Prison , in revenge of the injury had been done them . But herein they were disappointed : For they used themselves so moderately , and discreetly , that they sought nothing but their own native Country , and Lands , and that they might have access to serve and obey their Prince , without any further vengeance , or rigour against their particular Enemies . As their actions and proceedings have sufficiently declared since , to the great increase of their favour with His Majesty , and estimation of the whole Country . It hath been rarely or never seen in any Country , that there have been so great alterations , with so little bloodshed , as hath been in Scotland in this Kings time . Now those who were Enemies to our Queen , and King's Title to the Crown of England , seeing some of their fetches to fail them , entred in deliberation what way to proceed to take the Queen's life . The Council of England , a great part of the Nobility , and States , fell down upon their knees , humbly requesting Her Majesty to have compassion upon their unsure Estate , albeit she should slight her own . Alledging , That her life was in hazard by the practices of the Queen of Scotland , and their Lives and Fortunes . She alledged , That her heart would not suffer her to let any Sentence be given forth against the Queen her dear Sister , and Cousin , so near of her Royal Blood. Yet she was at last moved for very pity of their conditions , to let Sentence of Death pass against her , upon this express condition , That it should rather serve to be a Terrour to her , to oblige her to cease from making any more practises , then that she really intended to see the Blood of so Noble a Princess shed . And in the mean time , the written Sentence was given to be kept to Mr. Davison one of her Secretaries , not to be delivered without her Majesties express Command . Nevertheless the said Davison being deceived by the Council , delivered unto them the said written Sentence of Death . Whereupon they gave the Queen warning a night before , to prepare her for God. Which short warning she took very patiently , and lay not down that night to sleep , but wrote some Letters unto the King her Son , the King of France , and some other Princes , her friends . And after she had made her Testament , she put the Gold she had , in as many little Purses as she had Servants , more or less in every Purse , conform to their qualities , and deservings . The rest of the night she employed in Prayer , and being in the morning conveyed out of her Chamber to the great Hall where the Scaffold was prepared , she took her death patiently , and constantly , couragiously ending her life , being cruelly handled by the Executioner , having received divers stroaks of the Ax. Which execution was the boldlier performed , because that some Scotsmen assured them , that the King her Son would soon forget it . Albeit His Majesty when he understood this sorrowful news , took heavy displeasure , and Convened a Parliament , wherein lamenting the mishandling of his Mother by his Enemies , who were in England , he desired the assistance of his Subjects to be revenged . Where all the Estates in one voice cryed out in a great rage to set forward : Promising that they should all hazard their Lives , and spend their Goods and Estates largely to that effect , to revenge that unkindly , and unlawful murther . Which put the Council of England in great fear for a while , but some of our Country-men comforted them , and so did some English that haunted our Court , alledging it would be soon forgot . Others said , That the Blood was already fallen from His Majesty's heart , and if it were not , they doubted not but to cause the matter fall out to their satisfaction . First when the King's Majesty heard that they were about to Accuse and Convict his Mother , he sent the Master of Gray , and Sir Robert my Brother , to deal for her Majesty . Where my Brother spoke brave and stout language to the Council of England . So that the Queen her self threatned his life , and afterward he would have been retained Captive , had not the Master of Gray's Credit prevented it , and the promises he made , whereby they were both suffered to come home together . Four Months before His Majesty caused send for me , that I might prepare my self for England , to confirm a Band of Alliance Offensive and Defensive with the Queen and Crown of England ; and to take the Queen of Englands Oath for observing the said Bond. And Mr. Randolph who was here , was to take the King's Oath , and use the like Ceremonies here . At my coming to Court , I did what I could to be shifted of the said Commission , being a matter of so great consequence , as an indirect breaking of the Bond with France . Yet His Majesty would take no excuse , but thought fit to send me thither , that I might get him sure knowledge of sundry things , which His Majesty supposed an other would not get . By reason that all his Mothers friends , and his own that were in that Court and Country , were best and longest acquainted with my Brother and me . But so soon as Mr. Randolph had heard that I was to be sent to England , he desired Audience of His Majesty , and used all the perswasions he could , to get me stayed , and another sent that might be found meeter for the time . After that His Majesty had reasoned long with him thereabout , he called upon me , and told me how that Mr. Randolph had spoken so much good of me , whom he loved better then any Scots Subject , upon accompt of our old acquaintance , but had said that I would not be acceptable to the Queen his Mistress at that time , because Sir Robert my Brother had been always , and was yet upon his Mothers Faction , and also that my Brother Sir Andrew of Garvock was for the present in England her Majesties Master of the Houshold . His Majesty said , he replied again , That I was never esteemed a Factious Person , and so would not yield at the first . But I requested His Majesty to grant him his desire . For I had no will of that Commission , knowing that there was nothing meant , but fraudful dealing by England with him at that time . It is for that cause , said he , that I would have you there . And it is for that same cause , Sir , said I , that I would gladly shun the same with Your Majesty's favour . His Majesty said , he wondered that Randolph should seem to like so well of me , and yet desire another to be sent . I answered His Majesty that in France and Italy we liked each other very well , but in the handling His Majesty's affairs we shot at sundry marks . His Majesty would still have me to accept that Commission , and asked whom I believed that Mr. Randolph would desire to be sent . I answered , either the Master of Gray , or Mr. Archibald Douglas . For the Master of Gray had made moyan for Mr. Archibald , and had brought him home out of England , and had summoned an Assize of his own friends to cleanse him of the late King's Murther . And being cleansed , he haunted the Court familiarly with His Majesty . It was he indeed whom Mr. Randolph desired to be sent , or the Master of Gray , or both in a Commission . But His Majesty would not consent thereto . Then the Laird of Coudinknows Captain of the Castle of Edinbrugh desired the Commission . But Mr. Randolph would have none other , causing the Queen his Mistress to write back , that it was unnecessary to send any Ambassadour for that Errand at that time . Only desiring that the King would write with his own hand , that one should be sent when she thought time , assuring by his said Letter that it was in effect already concluded in his mind , as if the Ceremony were performed . Which Letter was sent to the English Ambassadour , who was resident in France for the time , to be produced before the King of France , and the Queen Mother , to let them know that albeit the King of Scotland was suiting her Majesty for an Alliance Offensive and Defensive ( which would be a clear breach of the old Bond with France ) yet she would not put them in suspicion and jealousie of her in consenting thereto , as not much valuing the Scottish King 's fickle friendship , or feud , so long as France and she kept their Peace and Friendship together . Which was done only to disgrace , and discredit the King with the King of France . So that there proceeded no more from the said intended Bond. And I was not a little satisfied that my hands had been free thereof . Likewise when the bruit was of the Spanish Navy in the year 1587 , that they were coming to these parts , I was ordered to be sent to Spain , which Voyage I happily also eschewed . Now to return again to Mr. Archibald Douglas , he returned back to England , to remain Ambassadour there for His Majesty . By the which means , he obtained the greater Credit with the Queen His Majesties Mother , to her no small prejudice ; the same contributary to her ruine , he having discovered several passages betwixt her and himself , and other Catholicks of England , tending to her liberation . Which were made use of against Her Majesty , for taking her life . So soon as my Brother Sir Robert was sent there to use sharp and boasting Language to see if that might save the Queens life , he discharged Mr. Archibald of the Office of Ambassadour . This I set down in a parenthesis , to shew how far a good King was abused , and misled , by minions , whom he liked well to his great hurt and dishonour . In the mean time for some disorder upon the West Border , betwixt the Maxwels and Johnstouns , His Majesty went there to reform their disobedience . But some Houses were kept out , and would not render unto him . Whereupon , Mr. John Martland being made Chancellor , the Master of Gray , and other Favourers of the English Faction , did counsel His Majesty to send to Berwick , because it was alledged to be nearest , to borrow Cannons to besiege the said house . Which Guns were readily and gladly lent by the Governour of Berwick . Which apparently he durst not have done , without knowledg and consent of the Queen and Councel , who judged thereby that His Majesty had forgot the great boast that was made at the fore-named Parliament concerning the revenge of His Mother's death . For after His Majesty had riply considered the best and worst of that deed , remembred himself of the many Friends he had in England , who had no hand in his Mother's Death , he thought it not just to trouble the Peace and Quiet of the Kingdom for the deed of a few who guided the Queen and Court , he being thereof himself apparent Heir . And also because the Queen was of good years , and not like to live long , he was resolved to abide his time to be revenged upon his Enemies . As for the Queen his good Sister , she had sworn and purged herself of the death of his Mother , being deceived by her Councel , and Secretary Davison , whom she committed to the Tower of London . This was the way of conveyance of that ugly unkindly Murther . Shortly after this , there was a great Bruit of the Spanish Navy bound to land in England , Scotland or Ireland . And then also were entred about His Majesty a new Faction , whereof the Earl of Huntly was chief , who had lately married the Duke of Lennox's Sister . This new Faction aspired by little and little to shoot out the Master of Gray , the Chancellour , and others their dependers , and to retain part of those who were in Court before , where there were divers conspiracies to kill the Chancellour . And such as had assisted him , were to be removed , because they did stick too long by the Court. The Earls of Huntly , Bothwel , and others , thought to have taken the King and kept him . And albeit two of their Enterprises had failed , yet they were desirous to be nearest His Majesty at the in-coming of the Spaniards . And in the mean time they resolved to cause the King send Sir John Seatoun to Spain . But His Majesty would have none to be sent but me . Whereupon the Chancellor , and my Brother Sir Robert , did write to me , desiring me not to refuse the imployment , because they said his Majesty would have one there of his own Religion , who would not be corrupted , in whom he could trust . Yet His Majesty had no inclination to deal with Spain , and I had as little desire to undertake the Voyage , albeit Sir George Douglas desired the said Commission , as one who had assisted His Majesty's Mother , yet it took no effect . The Earl of Huntly in the mean time procured a Gift of the Benefice of Dumfarmling , which was lately taken from the Master of Gray now decourted , and given to him . How that the Spanish great Navy was three years in making their preparations , and were sufficiently and substantially furnished with Men , Ammunition and all sorts of necessaries , is now manifest to all Europe . What was their intent and purpose was so secret , that the Chieftams of the Army knew no more , but as they should understand by the opening of their stamped instructions at every appointed landing Place . Many were of opinion , that they were first disappointed by the Duke of Parma Governour of Flanders , who had behaved himself in his Charge so circumspectly , in his promises so truly , in his enterprises so stoutly , that he won the hearts of his Soldiers , and the favour of his Enemies , so that he was suspected by the King of Spain to entertain designs of Usurping the Estate of Flanders . And therefore he was minded to remove him out of that great and rich Government . He being hereupon discontent , as was alledged , neither furnished the said Army Victuals , nor assisted them with Ships , nor would he suffer them to land in his bounds . At least they were so jealous of him , that they landed not , but were lying at Anchor , where Sir Francis Drake by a stratagem subtilly devised of a Ship full of Powder with a burning Link , which kindled up the Powder so soon as the English Ship was driven by a direct vehement Wind within the midst of the Spanish Ships , burning thereby several of the greatest of them , and causing the rest to cut the Cables of their Anchors for hast , to eschew the fury of the fire . And in the mean time God sent such a vehement storm of Wind , that the whole Navy was blown and broken upon divers Coasts of our Isles , and of Ireland , and their Wreck was the greater , that they wanted their Anchors . It is before mentioned , That Mr. Peter Toung Almoner to His Majesty , and Colonel Stuart were returned from Denmark well rewarded , and contented with every thing that they had seen , and chiefly with the fair young Princess ; and also how they had put the King of Denmark in hope , that the King should the next Summer send thither an honourable Ambassage , to deal further to the increase of a greater Amity . And for this effect , the Bishop of St. Andrews , the Laird of Segie , and I were named to be sent : But I was retired , and had no will to medle , perceiving His Majesty's affairs so retarded by such as had greatest handling about him . Therefore upon my refusal , the Chancellour advised the Laird of Barnbarrow , and the said Mr. Peter , to be again employed in that matter , with uncertain and irresolute Instructions to propose marriage , and with divers fair allegiances concerning His Majesty's sufficient Right to the. Isles of Orkny , which the King of Denmark was minded to sue for more sharply , but for the hope he was put in , of the apparent marriage of the King's Majesty with his Eldest Daughter . These Ambassadours were not well imbarked , when Monsieur Dubartus arrived here to visit the King's Majesty , who , he heard , had him in great esteem , for his rare Poesie set out in the French Tongue . He would not say that he had a secret Commission to propose the Princess of Navarre as a fit marriage for His Majesty , but that the King of Navarre's Secretary willed him , seeing he was to come this way , as on his own head , to propose the said marriage . Monsieur Dubartus's Qualities were so good , and his Credit so great with his Majesty , that it appeared if the Ambassadours had not already made Sail , that their Voyage should have been stayed for that Season . The Chancellour assured Monsieur Dubartus , ( as he shewed me ) that the marriage of Denmark should not take effect . For our Ambassadours had indeed such strait Instructions , and so slender a Commission , that it was enough to have caused the King of Denmark to start , and to quarrel with our King , were it not that they dealt above their Commission . Which kept that King in some Temper , albeit they returned without fruit , full of displeasure , thinking themselves scorned , as they were indeed . In the mean time that they were in Denmark , Monsieur Dubartus being in Falkland with His Majesty , came to my house , to perswade me to take a Commission in hand , which he said His Majesty would lay to my charge , which was to be sent unto the King of Navarre , and to be acquainted with Madam the Princess , his Sister . And because His Majesty knew that I would be loath to go , he named also my Lord Tungland , my Brother , who undertook the journey , and became well acquainted with the said Princess , and was well treated and rewarded by the King her Brother , now King of France , and brought with him the Picture of the Princess , with a good report of her rare qualities . The Laird of Barnbarrow , and Mr. Peter Young , being returned back from Denmark , declared that the King of Denmark thought nothing of their Commission , judging it but fruitless dealing , and delaying of time , and fair language , without any power to conclude . I am uncertain , whether he got intelligence of His Majesties sending my Brother to the King of Navarre . But the marrying of his Eldest Daughter with the Duke of Brunswick , gave some appearance that he had got some notice thereof from the Court of England , who were abundantly well informed of all our proceedings . After this , Colonel Stuart desirous to see the marriage with the King of Denmark's Daughter take effect , went thither upon his own expences divers times . And seeing the Eldest Daughter already married , he excused the King's Majesty , and laid the blame upon those who had the handling of his affairs . So that the King of Denmark promised yet to give his second Daughter unto the King , upon conditions that Ambassadours should be sent there the next year , before the first day of May. In the mean time , the King of Denmark took sickness , and departed this life , leaving the same Commission with his Council , and such as were appointed for Regents of the Realm . Now the King being suited in marriage by many great Princes , and his Ambassadours being come back both out of Denmark , and Navarre , with the Pictures of the young Princesses ; His Majesty determined first to ask counsel of God by earnest Prayer , to direct him where it would be meetest for the weal of himself , and his Country . So that after fifteen days advisement , and devout Prayer , as said is , he called his Council together in his Cabinet , and told them how he had been advising about that matter of so great concernment to himself , and his Country , the space of fifteen days , and that he was now resolute to marry in Denmark . The Council appeared all to relish his resolution , requiring meet Instruments to be imployed to compleat the marriage , and to make the Contract . Then His Majesty said , That he had already chosen me in his mind for one , desiring the Council to choose another ; which they did , to wit , The Lord of Atry , Uncle to the Earl of Marshal . We two being written for , and come to Court , found not such earnestness with the Council as with the King : Which my Lord of Atry perceiving , he drew home again , excusing himself upon his Age , and sickliness . His Majesty used many perswasions , and reasons , to induce me to undertake the Voyage , declaring how he had many times sent for me to be employed in Ambassages , and could never tell why I went not . I answered , That His Majesty would have done me that honour many times above my deserving , which he would not have done , if he had known my insufficiency for such matters of so great import , as I did my self . His Majesty said , That this business concerning his marriage , was the greatest matter that ever he had to do , and that he would take no refusal . I said , That my Lord Tuangland , my Brother , was far meeter then my self , being a good Scholar , who could perfectly speak the High Dutch , the Latine , and the Flemming Languages , with the French Tongue . But His Majesty would still repose upon me in that Errand , but at my desire was satisfie that my Brother should be put in Commission with me . Then His Majesty said , Albeit the Council will form your Instructions , yet you shall receive mine out of my own mouth . First , If the King of Denmark had been alive , he would not have stood to have given a great Portion with his Daughter , wherein it is probable the Regent and his Council will be as sparing as they can . I doubt not therefore but you will endeavour to draw from them as much as can be had , but at length stand not upon mony to conclude the marriage . Secondly , Know what friendship and assistance they will make me , when it may please God to place me by Right in the Kingdom of England , by decease of this Queen , in case any Country man , or other , would wrongously pretend to usurp and debarr me from the same . Thirdly , Concerning the Isles of Orkny , you may chuse any Man of Law that you please , for that head must be answered , and debated by Form of Law. Alwise if the marriage take effect , that purpose would not be over , precisely handled . It may be that my Council will give you straiter Conditions , but this Instruction of mine you shall follow , let them say what they please . I told His Majesty , That I would chuse to take with me for a Lawyer Mr. John Skeen . His Majesty said , he judged there were many better Lawyers . I said , he was best acquainted with the German Customs , and could make them long Harangues in Latine ; that he was a good , true , stout Man , like a Dutch-man . Then His Majesty was content , that he should go with me . After that I had tarried long at Court , and could see no preparation for our Dispatch , neither Mony , nor Ship making ready ; the appointed time wherein we should have been in Denmark being past , to wit , before the first of May. For it was so ordered by the King of Denmark e're he dyed , that in case that day was not kept , that they might think themselves but scoffed . This moved me to employ my friends at Court , to cause another be named in my place , seeing so many suiting to get the said Commission . And the Chancellour gave me such terrors as he could for his part . Now the Farl of Marshal was desirous to supply the place of his Uncle my Lord of Atry , and His Majesty was content that he should be sent thither . Whereupon I took occasion to represent to His Majesty , That the said Earl was very well qualified for that imployment , and that he would go the better contented , if he might have in Commission with him , some of his own friends and acquaintance . His Majesty answered , That it was his part to chuse his own Ambassadours ; that the Earl of Marshal should have the first place as a Nobleman , but that he would repose the chief handling with the Regent , and Council of Denmark upon me . Then I declared , That the appointed time was past , and that yet there was no appearance of any preparation of Mony or Ship , wherewith His Majesty was very angry . I named the Laird of Barnbarrow , or Mr. Peter Toung , as very fit to be imployed in the Commission with the Earl of Marshal , because they had been there already . But he would not hear thereof , for the blame had been wrongously laid upon their insufficiency , it being alledged , That their mismanagement , was the occasion that matters formerly took not the desired success . Would not this kind of Court dealing , scare any man from medling in such weighty matters , where such men are preferred to have the special credit about a Prince , who mind only their own designs , and not the Prince's advantage ? Those who at present ordered Affairs , counselled His Majesty first to send to the Queen of England , and require her advice and consent to the said marriage with Denmark , who they knew would not only disswade him from the said marriage , but also stay him from any marriage , as she and her Council had ever done , and dealt , both with his Mother and himself . When I understood of this new delay , I obtained license to go home to my house , and make me ready against the next warning . In the mean time , the season of the year was well spent . The Queen of England's answer returned , not to marry with Denmark . She said , That she had credit with the King and Princess of Navarre , that she would imploy the same for effectuating that marriage , which was much more His Majesty's interest . In the mean time she did write to the King of Navarre , to hold back the marriage of his Sister three years , for such frivolous pretexts as carried no reason . Upon this answer of England , our Council was Convened , and inticed to Vote against the marriage of Denmark . Whereat His Majesty took such a despight , that he caused one of his most familiar Servants to deal secretly with some of the Deacons of the Craftsmen of Edinbrugh , to make a mutiny against the Chancellour and Council , threat'ning to slay him in case the marriage with the King of Denmark's Daughter were hindered , or longer delayed . This boasting and fear caused a new resolution to be taken , that the Earl of Marshal should be dispatched with diligence , with the Constable of Dundie , and the Lord Andrew Kieth , whom the said Earl requested His Majesty to send with him . Which His Majesty granted the more easily , because he found so many difficulties in the matter , and some of my friends had informed him , that it would be very satisfactory to me that some other were imployed . Now it was yet a long time , before the Earl of Marshal could be ready , and dispatched . Then as to his dealing with the Council of Denmark , his power to conclude was so limited , and his Commission so slender , that he was compelled to send back again my Lord Dingual , either for a License to come home , or for a sufficient power to conclude . Where it chanced that he found His Majesty at Aberdeen , and the Chancellour and most part of the Council absent . Which was a great furtherance to get a full power to conclude the Contract , and Ceremony of the marriage , by the Earl of Marshal , who was incontinently dispatched by the Regent and Council of Denmark , and the Queen sent home with him well accompanied . But the tempestuous winds drave them upon the Coast of Norway , where they Landed and stayed a long time for fair Winds and Weather . Which storm of Wind was alledged to be raised by the Witches of Denmark , as by sundry of them was acknowledged , when they were for that cause burnt . That which moved them thereto , was , as they said , a blow which the Admiral of Denmark gave to one of the Bayliffs of Copenhaven , whose Wife consulting with her associates in that Art , raised the Storm to be revenged upon the said Admiral . His Majesty had heard that they were upon the Sea , and left nothing undone to make all in a readiness to receive the Queen , and her Company honourably . But in the mean time , was very impatient , and sorrowful , for her long delay , laying the blame thereof upon the Chancellour , and such others of his Council as had plainly Voted against the said marriage , and thereby had delayed the dispatch of the Ambassadours so long , untill the Season of Sailing upon the Seas was near past . The storms were also so great here , that a Passage-Boat perished betwixt Bruntland and Lieth , wherein was a Gentlewoman called Jean Kennedie , who had been long in England with the Queen His Majesty's Mother , and was since married to Sir Andrew Melvil of Garvock , my Brother , Master of His Majesty's Houshold . Which Gentlewoman being discreet and grave , was sent for by His Majesty to be about the Queen his Bed-fellow . She being desirous to make diligence , would not by the storm be stopped the Sailing of the Ferry , where the vehement storm drave a Ship forcibly upon the said Boat and drowned the Gentlewoman , and all the Persons , except two . This the Scotish Witches confessed to His Majesty was procured by them . In that Boat also , I lost two Servants . Now His Majesty remained quietly in the Castle of Craigmillar , dissatisfied , as said is , with the greatest part of his Council . He could neither sleep , nor rest . In the mean time , he directed Colonel Stuart to my Brother Sir Robert , and me , charging us to take care of his mishandled Estate in time-coming , lamenting that he had been abused by such as formerly he had too much trusted to , and that he had always found us faithful and careful of his welfare . He therefore desired us to sit down , and advise how he might best put remedy to things by-past , and prevent such inconveniencies in time coming , seeing he had determined hereafter to repose most upon our Council . Our answer to His Majesty was , That we had great reason to render His Majesty most humble thanks for the favourable opinion he entertained of us , which we should endeavour to deserve , and were very sorry for the displeasure His Majesty had taken , praying His Majesty to take patience , seeing that as he had always reposed upon God and not Man , that the same God would mend his Estate , as he had oft-times done before . That our care should be presently , how to receive the Queen honourably , who was upon the Sea ( we daily looking for her landing ) and next how to treat and reward the Noblemen of Denmark , Her Majesties Convey . That being done , and they returned back to their Country , it would be best time to take order with the Affairs of the Kingdom , conform to His Majesty's desire , with the concurrence of so many of the Council , as His Majesty had found most faithful , and least factious . But we did not think fit to take upon us the whole burthen , in respect that hath been always the chief cause of the wrack of Scots Kings , especially of all His Majesty's own troubles , in laying the whole burthen of his Affairs upon any one , or two , who most commonly for greediness and ambition abuse good Princes , and few or none dare controul them , for fear of their great Authority and Credit . The Chancellour being advertised of His Majesty's discontent , and displeasure , as said is , made preparation to go off the Country , and caused it come to His Majesty's Ears , that he would Sail himself and bring home the Queen with him : And that they were all but Triflers who were with her . He forgot not to Anoint the hands of some who were most familiar with His Majesty , to interpret this his design so favourably , that it made the King forget all by-gones , and by little and little he informed him so well of the said Voyage , and the great charges he had bestowed upon a fair and swift sailing Ship , that His Majesty was moved to take the Voyage himself , and to sail in the same Ship with the Chancellour , with great secrecy , and short preparation , making no Man privy thereto , but such as the Chancellour pleased , and such as formerly had all been upon his Faction . He had also heard an incling of a word , That His Majesty , in the time of his high displeasure , had said , That he would lay the burthen of his Affairs upon my Brother , and me ; whereat he had a great envy and despight , and was the cause why His Majesty made me not privy to his Voyage . He was very discontent , when His Majesty had appointed my said Brother Robert to be left Vice-Chancellour , and Convene the Council in His Majesty's absence , to hold hand with the Duke of Lennox , my Lord Hamiltoun , Bothwel and other Noblemen , with the Officers of the Crown , and to Rule the Country in His Majesty's absence . Three other Ships sailed with His Majesty , wherein was the Justice Clerk ; Carmichal the Provost of Lincludin , Sir William Kieth , George Hume , Iames Sandiland , with all His Majesty's Ordinary Servants . The weather was rough enough , for it was in the beginning of Winter . But the last day was so extream stormy , that they were all in great hazard , but His Majesty landed that same night at in Norway , where the Queen was abiding the turning of the Wind , and where he accomplished his marriage in person . But he could not be perswaded to return to Scotland that Wiuter , by reason of the raging Seas and storm he had sustained a little before . The Queen and Council of Denmark , being advertised that His Majesty was resolved to abide all that Winter , sent and requested him to come to Denmark . Whither he went by Land with the Queen his new bride , and behaved himself honourably and liberally by the way , and at the Court of Denmark , where he tarried during his abode there . But the Company who were with His Majesty put him to great trouble to agree their continual janglings , strife , pride and partialities . The Earl of Marshal by reason that he was an ancient Earl , and had been employed in this honourable Commission , thought to have the first place next unto His Majesty , so long as he was there . The Chancellour by reason of his Office , would needs have the preheminence . There were also contentions betwixt him and the Justice Clark. The Constable of Dundie and my Lord Dingwal could not agree about place . George Hume did quietly shoot out William Kieth from his Office of Master of the Wardrobe . At length they were all divided into two Factions . The one for the Earl of Marshal , the other for the Chancellour , who was the stronger , because the King took his part : So that the Chancellour triumphed , and being yet in Denmark , devised many Reformations to be made , and new Forms and Customs to be set forward at His Majesty's return : As to have no Privy Council but the Exchequer , and the Nobility to be debarred from it : Sundry of the Lords of the Session to be put out , who he judged had no dependence upon him , and others his Creatures put in their room . He caused a Proclamation to be pen'd , which was sent home to be proclaim'd before His Majesty's return , That none of the Nobility should come to Court not being sent for , and then to bring with them six persons and no more : Likewise every Baron to bring but four . Likewise he resolved to cause Ward such as had been unruly , and disobedient during His Majesty's absence , as the Earl Bothwel , the Lord Hume , and divers Borderers and Highland Men. The next Spring His Majesty came home , and Landed at Lieth , well accompanied with the Admiral of Denmark , and divers of the Council , and many other Gentlemen . All whom His Majesty treated honourably , and after the Queens Coronation they were magnificently rewarded with more then twelve Golden Chains , and many Medals of Gold with His Majesties Picture . His Majesty at his landing was pleased to send to me to bear them company , which I did until their parting , to His Majesty's great contentment . In the mean time , the Earl of Worcester was sent Ambassadour from England , to Welcome and Congratulate both their Majesties , with some Presents unto the Queens Majesty . Upon whom I was commanded by His Majesty to attend diligently all the time of his being here , and at his parting he was presented with a Ring of seven great Diamonds . He parted well satisfied , and so did all his Company . His Majesty was pleased at leasure to declare unto me his whole Voyage , and proceedings during his absence . He said that he wished that I had been sent alone Ambassadour to Denmark , in place of the Earl of Marshal , and the two who were joined with him , he was so ill informed of the said Earl. I answered , That I understood that the Earl for his part had behaved himself very honourably , and discreetly , as the Admiral of Denmark , and divers of the company , had informed me . But His Majesty had been so possessed with the Chancellour's misinformation , that for the time he believed it . He said further to me , That he had greater trouble to keep good order among the few company that was in Denmark , than my Brother Sir Robert had to keep quiet all Scotland , during his absence . Which praise my Brother indeed deserved , for he had such favour and credit among the Nobility , Barons , and Burroughs , that they followed his advice , believing that he would not say but the truth in His Majesty's Name , and that he would give no misinformation against them at his home coming . But the Chancellour envied my Brother for the great opinion His Majesty had of him , though he had been the greatest instrument of bringing the Chancellour into Court with His Majesty first , when His Majesty past to his Liberty at St. Andrews ; and afterward of getting him the keeping of the great Seal , and in effect of making him Chancellour since . The Chancellour remembred also of His Majesty's deliberation before his going to Denmark , and the direction he had sent by Colonel Stuart to my Brother and me . Which the Chancellour now went about to prevent , by taking occasion to Calumniate my Brother in his absence , because he was not present in the time , when there was to do with his Office to furnish some little necessaries to the strangers . He having been sent for to visit his Wise lying at the point of Death in Bruntland . The Chancellour told His Majesty , that during his Majesty's absence he used every Saturday so to do , tarrying three or four days , neglecting the common Affairs of the Country . And that it was the Clerk-Register , Alexander Hay , who had done all the good Offices , which were alledged to have been done by Sir Robert. Whereby he kindled up so the King's anger against him , that he threat'ned to Ward him , and take his Office from him , six days after he was so much praised for the great and faithful Service he had done . So ill handled oft-times are good Princes , and faithful Servants , by crafty Calumnies . But his Majesty being thereafter fully informed of the matter soon repented his anger , and converted the same against the said Chancellour upon another occasion . There was Emulation betwixt the Council and the Chancellour . The Council complaining , That the Chancellour was the deviser of all the wrongs that were done , by causing His Majesty to subscribe sundry hurtful Signatures , and Commissions , getting them past for himself and his friends , taking thus the best and most profitable Casualities to himself , and his dependers . The Chancellour again endeavoured , to have the most part of the Council at his devotion , or such who would not be in all things ruled by him changed , and others placed in their room , who would have more dependance upon him . Whereupon the Council consulted , and concluded together , to cast the Chancellour . Yet one of the Council , who had a matter of great moment to be dispatched , to curry favour with the Chancellour , discovers the design to him , who having that knowledge thereof before-hand , had the opportunity of preventing the enterprise , as to the effect designed . Yet at his first coming to speak with His Majesty , he rebuked him very sorely . And leaving him , he took me by the hand , saying , I am the worst handled Prince in the World , as I shall shew you To-morrow ; for now when I go to Bed , I desire not to enter upon so Melancholly Subjects so late . Therefore send for your Brother , and at his coming , I shall declare unto you both , more of my mind . I cannot forget an expression of yours , That it is the greatest Art in the World to be true . At my Brother's coming , we found that the only cause was , That the Chancellour ; and some with him , would have ruined those who were His Majesty's truest friends . Yet my Brother , finding it His Majesty's interest , took up the matter betwixt the Council and the Chancellour , to His Majesty's great contentment . After the Coronation of the Queens Majesty , and Banquetting , and rewarding the strangers , and that they returned home well contented : There was another Convention appointed , for taking order with the Affairs of the Country . To the which , many Noblemen , and Barons were written for ; but very few obeyed the said Letters , or would come near the Court. Because when they were first written for to the Queens Coronation , they judged themselves slighted : For Hall , Chamber , and all doors were so straitly shut , and undiscreetly kept , that they could get no entry . Therefore many of them returned discontent to their houses , for there was no man appointed to welcome them , or to direct them , except so many as were made Knights . Which was the cause that so few came again to Court , the next time , when they were written for . Those who had been lately in Denmark with His Majesty , thought to retain him and the whole Government in their hands , and had given His Majesty counsel not to be over familiar , nor of too easie access . That none should be permitted to enter his Chamber , but such as were Gentlemen of his Chamber , with the Chancellour , and some of the Council . They were not content to have the whole access , and only handling at all other times , but even also at the Conventions , they continually occupied His Majesty's Ear in presence of the whole Assembly , thereby to let their great credit be seen , that they might be Courted , by such as had to do with the King. None of them all had more occasion of occupying His Majesty's Ear , then I had at that time . Yet when it would please him to call upon me , to know how every stranger was treated , and satisfied , and to be informed about other thing ; I would give him a short answer , and instantly retire . Which was perceived by many of the Nobility , and Barons , who were come to the Convention . In the which sundry necessary Reformations were intended , though nothing was performed : Which was the more complained of , because every man was in expectation to see a settled Estate at His Majesty's home-coming , by reason of His Majesty's promise made publickly in the high Kirk of Edinbrugh , to be a new Man , and to take up another kind of care and doing in his own person , then ever had been seen , or used before . Which certainly His Majesty was very willing to have put in execution , but alas he lacked help and assistance . For such as he reposed most upon , had no further care of his affairs , then as they found could best serve their own particular profit , and advancement to such ambitious aims as they shot at : making His Majesty in the mean time believe , that all was well ruled and ordered . The contrary being too manifest , moved me to present unto His Majesty some Memorials , and Informations concerning his Estate and Government . The most part whereof I had set down in writing , after that Colonel Stuart had brought Commission from His Majesty to my Brother Sir Robert , and me , before His Majesty's Voyage to bring home the Queen , during the time that he was in great vexation in Craigmillar , and discontent with the Chancellour , and such as were his dependers in the Council , who had been hinderers of his marriage . For at that time , he had desired my said Brother , and me , to sit down , and advise upon some good Rules , for the establishing of some good order in his Country , the Copy whereof was as followeth . SIR , your Majesty's happy return hath greatly rejoiced your whole Subjects . The expectation they have had of you ever since your Birth , hath been great , both far and near . Your publick promise to take upon you a more Kingly care since your home-coming through greater experience , hath augmented a good hope of a gracious Government . Your Religion pure and clean , your zeal to Godliness and Justice , your chast and sincere Life ; your promptitude to suppress Rebellions when they arise , ravisheth the hearts of most part of your Subjects to love you , and esteem you the best King that hath been these many years in this Realm . And yet they all marvel with stupified minds , to see your Affairs so unluckily handled , complaining that your Country was never in greater disorder , the Kirk never worse contented , their dissatisfaction influencing the whole Kingdom ; Your house so evil at a point ; The Nobility so divided ; The Barons were never in greater Poverty ; The Commons never more Oppressed ; Never more Taxations raised , mostly applied to the utility of private persons : Never more Parliaments holden ; Never more Laws broken ; your Proclamations and Missives no ways obeyed ; Never was Murther and Blood-shed more increased , then since your home-coming , and publick promise of better Government . Therefore , Sir , as in a perillous storm upon the Sea , or to quench sudden kindled fire on the Land , every Man's help is requisite , and acceptable ; so I hope Your Majesty's clemency will consider , and your prudence will take in good part , this my dutiful Declaration and Admonition , the boldlier interprised under the Warrant of your favourable Alliance , following your Commandment before Your Majesty's going to Denmark , that my Brother and I should set down the Causes of the evil and disorders that have been , and yet are in the Kingdom , with the meetest Remedies for Reforming and Amending the same . There be Three chief Causes of all these Evils and Disorders . The First is concerning God's Service . The Second is concerning your own Estate , and the Provision of your House . The Third , Concerning the policy and right management of the Country . As concerning the Service of God neglected by our sins , and carelessness in setting forth his Glory , it should be redressed and amended by humble Repentance , and amendment of Life , and good Example first in your own person , upon whose carriage , every Man's Eye is fixed , as the Head to Rule the rest of the Members , with Religion , Justice , Prudence , Temperance , and Fortitude . Chiefly by Religion and Justice , have all Common-wealths been Ruled . So that such Countries as wanted the knowledge of the True Religion , seeing the great works that God brought to pass by his own peculiar people observing his Religion , they invented Religions . Thus thinking to imitate the Jews , they fell into Idolatry , and Superstition : yet they straitly observed their said invented Religions , and caused to punish with death such as despised or spoke against the same . Far more should your Majesty be careful to advance the True Religion , and to see the same Reverenced and Observed . And for that effect , should devout and discreet Ministers be chosen , whose Christian Lives may preach , as well as their Doctrine . And such ought to be provided with sufficient local stipends , neither too much to entice them to Avarice , nor too little to make them Indigent , and give them ground in their preachings to cry out of Poverty , in such sort as they may have no occasion yearly to leave their flocks , to come and make suit for their living , with great pain and expences as they do presently . Divers are the causes of the disorders in your Court , and House-Officers , and Servants . For they are not chosen for their Qualities , but at the instance of this and that Friend , or Courtier . Then the number of all sorts of Servants are not limited , by placing about your Majesty so many as are needful , but an extraordinary number , whereas two in every Office are enough . And then your prudence will be best known , when you shall be seen to make good Elections of fit persons for every occupation . For the Prince is ever esteemed to be like unto those sort of Servants , he likes best to be about him . Much consists in this , to have in Court , discreet , modest Courtiers , such as are not Covetous , nor unmeasurably Ambitious . Nothing wins more the hearts of the People to the Prince : for so long as they see about him such persons , they are out of fear of being unmeasurably burthened : When they see men , who are not greedy , nor prodigal spenders of the Princes Estate , nor their own , nor stirrers up of the Prince , to take Men's Lives for their Lands ; they are in hope that every Man may live upon his own , and the Prince also upon his proper Patrimony . Therefore should the Officers of the Exchequer be true and honest Men. And the Prince should be frequently present himself , and hear his own compts : for few dare controul , or find fault with the wrong compts of his Officers , or great Courtiers . Which I have oft-times found fault with , when upon the Exchequer , though afterward to my great prejudice . The causes why the Patrimony of the Crown is so diminished , is because your Majesty disposed much to the Church , for Devotion ; and to the Noblemen , and Barons , for good Service . And when Princes were careless to prevent Rebellions , occasioned by their mis-government , they were compelled to buy the assistance of some , by disposition of Lands , to help to suppress their unnatural Subjects . Which inconvenience , their careful and provident Government , might have prevented and eschewed . Your Majesty also out of your Noble and Princely disposition , disposed liberally unto divers greedy and importunate persons , during your minority , divers Lands , and Rents , which would have stood in great stead , to the entertainment of your House . And you heaped gift upon gift to a sort of greedy cravers , and that by the perswasions of such as had your Ear , and not to those who deserved best at your hands . Now the Officers of the Chequer being well chosen , as said is , the Rent-Masters , and their Officers , who are accomptable , must be responsible Men ; neither too mean , nor too great Men , or Courtiers , but such as dare be controuled , and whom people will not fear to offend . All vacant Benefices , and Casualities , should be retained in your own hands , till you see what you may spare . Then the best part of the property lies in the High-lands , where neither God , nor the King is served or obeyed . Your Rents may be redoubled , if the High-lands , and the Islands were reduced , as was done by your King James the Fifth : For the Kings of Scotland were never rich , since they left the High-lands and the Isles , to dwell in the Low-lands : For since that , their Rents have been diminished , and their superfluous expences increased , at the unruly example of other neighbour Nations . Then your Majesties Parks would be put to profit , and replenished , which will be found a necessary help to the keeping of your House . The rest of your store Grounds , lying in the far South parts , are in such hands , as it is not fit medle with them yet ; but some yearly number of Weathers will be easily granted by them who possess presently the said store grounds . Also the forbidden Goods that go yearly out of Scotland , if they were stayed and taken according to Acts of Parliament , would be very profitable . The best means to bring these good purposes to pass , is a Princely , Prudent and Gracious Government : Which is easiest brought to pass , when the Prince corrects himself , before he correct his Subjects : For they will be soon subdued to his Will , when they see the same made subject unto Reason : For being subject unto Reason , the Prince hath conquered himself , the readiest means to conquer the hearts of all his Subjects . Their hearts being conquered , the Country is easily conquered . The Country being conquered , the Prince may Plant and Establish good order there at his pleasure . Theopompus being demanded , what way a King might best rule his Realm ; Answered , In giving liberty to those who love to tell him the truth . The Senate of Rome writing unto Trajan , excuseth Princes to be negligent in many things , not so much for that they have not desire to foresee , as because few or none dare warn them of the truth ; and says moreover , That it belongs to good Princes rather to have regard to the benefit of their Country , then to the delights of their Person , and rather to follow such Exercises as will increase their Reputation , then only to be taken up with their Pastime , that they should be sparing in Speeches , and prodigal in Deeds . Plutarch saith to the same Trajan , If thy Government answer not the expectation of thy People , thou must necessarily be subject to many dangers . He said further , That Princes should Rule well , if they be thankful to the great God , and if they should be patient in chances of fortune , and diligent in Execution , careful of their Affairs in dangers , mild to the people , tractable to strangers , not covetous of riches , nor lovers of their own opinions , and desires . For then the burthen of their Office , will be easie unto them . As God is the Ruler and Spirit of the World , so ought Princes to Rule and be the Spirit of their Country . The Heaven , the Earth , the Sea , and all the Elements , obey God's Ordinance by the strength of his continual Motion and Providence ; so should the Prince who is God's place-holder , by continual Care , Providence , and Motion , cause every Lieutenant , Minister , Magistrate , Judge , Officer , and Sheriffs to keep their due course in their Vocation . For the which effect , it may please your Majesty to consider the nature , and wrong kind of Scottish Government , by a continual long corrupted Custom . Scotland is indeed Hereditary , and a Monarchy , yet among all other Monarchical Kingdoms , it is oftest out of Tune , by the sloth and carelesness of Princes , the unruliness and sturdiness of the Subjects , and the great number of the Nobility ; as also by reason of the great cumbersom Clanns , so ready to concur together , and to Rebell for the defence of any of their name , or to revenge the just Execution of some of them for Murther , Slaughter , Theft , or such other Crimes . For our King wanting hired Soldiers remaining in Garisons , as other Monarchs have , may not at all occasions punish and redress such wrongs , and disorders ; except they have by Wisdom and Vertue conquered their own passions , opinions , and desires , and by the same means ravished the hearts of the most and best part of the Subjects , to assist them with heart and hand to suppress the Rebels , and to punish the offenders . Such Kings again as endeavour to command absolutely , not caring for the hearts of their Subjects ; their Proclamations may well be outwardly obeyed with their Bodies , but they will never help the Prince in time of need , save only to help to ruine him . There is nothing more dangerous for a Scots King , that hath not the love of his Subjects , then when a great number are Convened together . For at such times , they use to take sudden consultations to put order to the Prince , and his familiar Minions . Of these two sort of Kings , the first is more then a Monarch , and the last less then Elective . Of the first , in Scotland too few have Reign'd , and of the last too many . Which is the cause , that the Country is not conquered to the lawful King. Which is also the cause , that the corrupt Customs and Disorders , have lasted so long , and are not to be remedied , until it please God to send three such Kings as I have named of the best sort , granting them long life , each one to succeed after other . I pray God grant that your Majesty be the first of the three . But it appears your Majesty is not well advised , while you are creating more Noblemen , making them thereby the stronger , whereas divers other Princes endeavour to make them lower and fewer : By reason of the old Emulation which hath lasted between the Kings of Scotland , and their Nobility , the Kings to Command absolutely as Sovereign Monarchs ; the Nobles to withstand their absolute power , sometime by secret and indirect means , and oft-times by plain resistance and force . Hence but few Wise , Vertuous , and Potent Kings , or Sovereign Monarchs who have obtained the Mastery ; whereas there have been many careless , slothful , and simple Princes , that have Ruled by wicked Councellors , and have commonly been brought to ignominious ends . The good and worthy Prince , took upon him more or less absolute Power and Authority , as he found himself able by Assistance , Substance , and Alliance , or as he found his Nobility feeble , foolish , and divided . England believes it self to be in the better Estate by shedding the blood of their Nobility , and debarring them from the Council , and handling of the Princes Affairs ; Scotland contrariwise , by sparing the blood of the Nobility , and Barons , and by making them partakers of Honours , and Offices . For the way of taking the life of a Nobleman or Baron , breeds an hundred Enemies more or less , according to the greatness of the Clan , or Surname . Of which some will lye at wait to be revenged , albeit long after , as they can find their opportunity . For the Nobility being so numerous by long evil custom , they esteem themselves to be born Councellors . And yet will not remain at Court , nor upon the Council , unless it be at Conventions , or for some particular profit . And if the Prince intend to Rule without them , they use to make sudden enterprises against him , and his familiars , with the which Tragedies , the Chronicles are filled . Then after such a violent alteration , they find themselves odious to the Prince , so that they commonly seek to be Masters over him from that time forth , lest he should when he sees a fit time take his revenge for their contempt . It is not best then to debar your Nobility from being upon your Council , but grant place to a number of the wisest of them , whereof they will soon be weary , and retire when their Purses begin to grow empty . Thus they will want occasion to grudge or rebel . It is meet also to gain by good deeds , part of the worthiest of your Nobility , which may be a means to keep the rest from Rebellion , when they see so many of their number daily about you , and in your favour . Princes are by Homer called Pastors , by the Romans , Fathers of the Country . None can be answerable to such honourable Names , without extream diligence , and fatherly care , to see every Officer about his duty , and streight accompt taken how they discharge the same , rewarding Well-doers , and punishing Offenders ; reward and punishment being the Pillars , whereupon the Common-wealth stands . Especially take care , the first year of your marriage , for the reputation obtained the first year will last long afterward , whether it be good or evil . Be earnest and liberal to get good intelligence , as well of your neighbours Estate , as your own . Of the grievances of your Subjects , and their partialities , and feuds ; which will open your Eyes to see sundry out-gates in matters of State. Give samiliar access to your Nobility and Barons , when they come : Chiefly to all such , who are written for to your Conventions . Give open Audience once every week at least , to Rich and Poor , receiving their Supplications , and Complaints , with strict Command to the Council , and Master of Requests , to give them answer with sudden dispatch . Cause to reform the superfluity of Clothing and Banqueting , as well by your Example as Commandment . Now supposing your Majesty to be ripe fruit , and no more green , I hope your dear bought experience hath made you apt enough to receive all profitable impressions , presented to your Majesty by your faithful proved Servants , and not to commit so easily the weighty charge of your Affairs to any one , or two , or three , seeing the same may have been clearly observed , to tend highly to the prejudice of such , who have been , through flattery , or otherwise , induced to follow such courses . Such Minions having been always observed to shoot at their own marks , not valuing the endangering the Estate of the Prince , so that they gain their own ends , by enriching themselves , and their dependers . No Man will think strange that , during your younger years , you have been pressed and perswaded to lay the burthen of Affairs of your self upon others , who greedily courted that weighty charge above their capacity , wanting care , knowledge , and ability to bear it . But now every Man will marvel , if you should commit such a gross Error in your perfect age , thinking that your pregnant ingeny , excellent memory , and hurtful experience , may compel you to exercise the Office of a King in your own person . For whence hath proceeded so many attempts , so many enterprises , so many times the taking of your Majesties person , so many alterations and changes of Court-Servants , Councellors , and Laws ; but by committing the charge and keeping of your Sheep , and Subjects , to certain ambitious and ravenous Wolfs , who chose to bring into Court for their assistance , such as they knew to be of their own qualities , that they might concur together , first how to put out of your favour , and debar from your Ear , all such honest true persons , as would oppose their pernicious proceedings , that so your Majesty might neigher see nor understand , but by their Eyes and Ears . Your Majesty can well enough remember , how oft for my part I have forewarned you of the storms which were to fall out , through the misbehaviour of such insolent , such inconstant , such scornful , and such partial persons , as have oftest possest your Ear , and carried the vogue in your Court. And what I thereby gained to my self , your Majesty knows . Yet however disadvantagious to my own particular interest , was that manner of procedure , I had this comfort , that your Majesty confessed that I had shewn you the verity , but the said confession was ay behind the time , with over late Repentance . Here your Majesty may reproach me of inconstant Councils ; because one year after your returning from Denmark , I told you that your Subjects were not satisfied of their expectations , nor of your publick promises , praying your Majesty yet to begin , and either be at that pains which is requisite to a right governing King , or else to submit the whole burthen of your affairs to such a number as I should name , only for one year . In doing of any of these two , I ingaged that you should find your Estate sufficiently setled at the years end . Then it pleased your Majesty to demand of me the manner that I would wish you to Rule after . Whereunto I made answer , that it did not become me , or any in Scotland to shew you the duty of a King , which you could declare better then any of your Council , seeing you could exercise the said Office as well as any King in Europe , if you were pleased only for one year to take the pains to do it your self . In so doing , I supposed that before the end of it , there should ensue such profitable effects , as you should find the Government pleasant , and no more painful , by the which means your Majesty should eschew the reproach of the Poet , in one of his sayings in French. Ie hay ; dit il entre les homes ceux Qui sont espris dun vouloir pansheux Et tonsiours semblet sor fy fye Practiquer lart de la Philosophie . Italian . Chi non fa quel che deue , quel haspetta non receue . Spanish . Si fueras regido par razon amuchos regiras . In four things a Prince soonest wracks himself , to be careless and slothful in his Affairs , to forsake the Counsel of his true Servants , to give ear unto unthankful flatteren , and to spend above his Rents . To return again to the purpose , it pleased Your Majesty to require for the second part , viz. What might best settle your Estate within the year ? I said , todevolve the management for a year upon such as I should name , joined to the best inclined of your own Council . To that your Majesty once agreed , but when I came more to particulars , your Majesty judged it not your interest , as having been otherwise advised . Then I requested your Majesty to exercise the Office your self . Yet not long after , your Majesty submitted your self wholly and intirely to eight persons , called Octavians , and told me that you had followed my Opinion therein , and had submitted simpliciter for your time to these Eight Persons . I replied , that I spoke but for one year , and that I would have named some of the said number but not all . They were Wise Men , Learned and Politick ; but the unmeeter , that they were chusers of themselves . Yet they began to do better than any had done before them , but they continued not , but divided among themselves , after they had divided the Offices of the Crown to every man one : Whereas at the first , they had given forth that they should plant mean responsible men in the said Offices , and they all too but Controulers of the said Officers . So that many began to grudge against them , seeing them become in a sudden rich . And perceiving their great backs , the whole Subjects , and His Majesty 's own Domesticks to follow and depend upon them , and His Majesty to pass through the Streets with three or four as forsaken ; because none hoped any more for reward at his hands , but so much as might be had for serving and depending upon the said Eight Lords . They became also hated and envied , partly for the Causes specified ; as also there was great ground of jealousie , that they were intending the establishment of Popery . So that there was a Rebellion raised in Edinburgh against them , in His Majesty's presence ; upon which they fled out of the Town , and since durst never take upon them the whole Government , but were content to be joined with a number of Noblemen , and others of the Council , to the number of twenty four . But the greatest part of the Noblemen did not attend , but came when they were written for to the Conventions , as formerly they used . So all this new device turned to the old sicut antea . You have heard how that His Majesty was advised at his returning from Denmark , to imprison such as were given up to have been most unruly during his absence . But being returned , even some of those who had advised the said Warding , were the first who gave advertisement to those who were to be Warded , not without some profit for their reward , to the great discontentment of some of their Associates . Which loosed the bond which was made at Denmark by the Chancellour and his Faction , and caused every one of that number to go sundry , and to do for themselves . So that all their Plots and devices turned to change some of the Session , but there was no concurrence , and so it stopped of it self . The Officers of the Exchequer continued a while to be the only Council . And the Nobility when they came , were kept at the door . I having at that time the honour to be one of the Exchequer , took the freedom to acquaint His Majesty that the Nobility would be offended at such usage , which was so manifest a slight . I said it would do no prejudice to cause them come in , they being great men , as my L. Hamiltoun , my L. Maxwel , and others of principal note . But His Majesty of his own nature was not changeable from the order laid down by them he liked , and reposed upon . Yet of my own accord I went forth of the Chamber , and told the Noblemen , That His Majesty was upon the ordering of his Accompts and Rents , and the daily Expences of his House ; that he was asham'd they should see the Estate thereof , which was the cause they were suffered to stand without . This little excuse was somewhat satisfactory to them . But that Order was also soon altered . Concerning the reducing of the Highlands and Isles , three of the Principals , as Maclean , Macdonel and Donald Gorin were subtilly drawn to the Court by the Chancellour , who understood of the differences among them . Every one of them being by him put in hope to get his hand above his Enemy . But at their coming , they were all three Warded in the Castle of Edinburgh , to their great astonishment . For they had each of them committed such foul murthers under trust , that it was horrible to rehearse . Being therefore apprehensive of their Lives , they dealt largely of their ill won Gold to those who had most Credit , nevertheless to terrifie them the more , to draw more from them , they were put to an Assize , and Convict of Treason . Which caused them to redouble their gifts to the Guiders , but not to the King. In such sort that there was an agreement betwixt His Majesty and them , that they should give pledges that they should pay yearly unto His Majesty twenty thousand marks for the Lands , of the property whereof they had no security . Of the which they had of yearly Rent , as was given in to the Exchequer , two hundred and fifty thousand Marks . This was all given them for twenty thousand Marks . And whereas before they had no right , nor security , but a forcible possession , they obtained sure infeosments by Charter , Seisin , and the Great Seal , and a remission of their foul Crimes . But shortly after their Pledges , who were kept in the Blackness for giving a small Sum , were released , and so the twenty thousand Marks was lost and never payed . Here was a good Prince ill used , and abused ; and the half of his Rents robbed from him ; his God offended by sparing to do justice upon such bloody Tyrants , who acknowledged neither God nor the King. I had advised His Majesty to go himself to the Isles to build a Fort there , and to remain two years till all things were order'd ; shewing His Majesty that the Kings of Scotland were never rich , since they left the High-lands to dwell in the Low-lands ; but have ever since diminished their Rents , and increased their superfluous expences in Dyet and Clothing , following the Customs of other Nations : Which His Majesty , after inquiry , found to be most true , and His Majesty was resolved to follow the said advice , and I had promised to go with him , but all was altered by the former misrule . Matters thus carried on , many began to lose hope of amendment , or to see the Reformation promised and expected , lamenting to see a good King so ill Councelled . Yet this time His Majesty sent for me , and at my coming to Falkland , where the Court remained for the Summer Season ; it pleased His Majesty to tell me , how that at his coming out of Denmark , he had promised to the Queen and Council there , to place about the Queens Majesty , his Bed-fellow , good and discreet Company , which he had left too long undone . That at length having advised with himself , he thought me the fittest man to commit that charge to , desiring me not to refuse the just calling of my Prince , wherein I might serve as in a lawful Vocation ; hecause such as ordinarily suit for Service at Court , or for any Office , do it for their own profit ; but they are more profitable for Pinces that are sought after , and are chosen for their qualities . I know , says he , That you would gladly live at home in your own house , with contentment of mind , which you think is not to be had in the troublesome alterations in Court. But you know that a man is not born for himself only , but also for the weal of his Prince and Country . And whereas your continual on-waiting will be chargeable and expensive to you , and hindersome to your own Affairs at home , I shall ordain sufficient entertainment for your present relief , and recompence for this and your former faithful Service . I answered , That as His Majesty's most humble Servant and Subject , I never refused to obey his Commandment , however prejudicial to my own interest the same should have appeared to me , and contrary to my natural inclinations : That I should resolve in that His Majesty's desire , to satisfie his expectations . Then it pleased him to tell me , That none of his Council or Chamber were privy to this his design of giving me that charge , but only one man , and that the Queen notwithstanding had got notice thereof , and supposed that I was to be put there , to inform her rightly of the Estate of the Country , and concerning her behaviour to His Majesty , and to every Nobleman and Lady , conform to their Ranks and Conditions , and to be her keeper . His Majesty the next day took occasion openly at the Table , to shew unto the Queen how that she and all her Nation were obliged to me , for the continual good report I had made of them , and the good will I carried toward the whole Nation ; and also how I had travelled many Countries , and had so great experience that both he and she might learn of me several things for their advantage , and for the well and standing of their Estate : And that the Queen his Mother found her self much relieved by my Conversation , and Service of importance , as well here at home , as when I was imployed by her abroad . Thus far his Majesty said above my deservings , to recommend me to her Majesty , to oblige her to like me the better . Notwithstanding whereof , the Queen did shew me no great countenance , but took coldly with me , when after Dinner it pleased his Majesty to present me unto her , to be her Highness's Councellour , and Gentleman of her Chamber . Some days afterward her Majesty asked me , if I was set to be her Keeper ? I answered , That her Majesty was known to be descended of so noble and Princely Parents , and so well brought up , that she needed no Keeper ; albeit her dignity required to be honourably served with Men and Women , both young and old , in sundry occupations . She replied that I had been ill used , shewing me that at the first , when she was yet ignorant of every mans qualities , some indiscreet enviers endeavoured to give her a bad Character of me . I answered , That I was put in her Service to instruct such indiscreet persons , and also to give them good example , how to behave themselves dutifully , and reverently unto her Majesty , to hold them aback , and that way to keep her from their rashness , and importunity . At length her Majesty appeared to be well satisfied with my Service , in which I spent years , keeping sometimes the Council days , and sometime waiting upon the Exchequer , when their Majesties were together ; but when they were asunder , I waited only upon the Queen . About this time , many Witches were taken in Lauthian , who deposed concerning some design of the Earl of Bothwel's against his Majesty's Person . Which coming to the said Earl's Ears , he entred in Ward within the Castle of Edinburgh , desiring to be tryed : Alledging that the Devil , who was a lyar from the beginning , ought not to be credited , nor yet the Witches his sworn Servants . Especially a renowned Midwife called Amy Simpson affirmed , That she in company with nine other Witches , being Convened in the night beside Prestoun Pans , the Devil their Master being present , standing in the midst of them , a Body of Wax shapen and made by the said Amy Simpson , wrapped within a Linnen Cloth , was first delivered to the Devil , who after he had pronounced his Verdict , delivered the said Picture to Amy Simpson , and she to her next Neighbour , and so every one round about , saying , This is King James the Sixth , ordered to be consumed at the instance of a Nobleman Francis Earl Bothwel . Afterward again at their meeting by night in the Kirk of North-Berwick , where the Devil clad in a Black Gown , with a Black Hat upon his Head , preached unto a great number of them out of the Pulpit , having like light Candles round about him . The effect of his language was to know what hurt they had done ; how many they had gained to their Opinion since the last meeting ; what success the melting of the Picture had , and such other vain things . And because an old silly poor Plough-man , called Gray Meilt chanced to say , That nothing ailed the King yet , God be thanked , the Devil gave him a great blow . Thus divers among them entred in reasoning , marvelling that all their Devilry could do no harm to the King , as it had done to divers others . The Devil answered , Il est un home de dieu , Certainly he is a man of God , and does no wrong wittingly , but he is inclined to all Godliness , Justice and Vertue , therefore God hath preserved him in the midst of many dangers . Now after that the Devil had ended his admonitions , he came down out of the Pulpit , and caused all the company come kiss his Arse : Which they said was cold like Ice , his body hard like Iron , as they thought who handled him ; his Face was terrible , his Nose like the Beek of an Eagle , great burning Eyes , his Hands , and his Legs were hoary , with Claws upon his Hands and Feet like the Gryphon , he spoke with a low Voice . The Tricks and Tragedies he played then among so many men and women in this Country , will hardly get credit by posterity . The History whereof with their whole Depositions , was written by Mr. James Carmichael Minister of Hadingtoun . Among other things , some of them did shew that there was a West-land man called Richard Graham , who had a familiar Spirit , the which Richard they said could both do and tell many things , chiefly against the Earl of Bothwel . Whereupon the said Richard Graham was apprehended , and brought to Edinburgh , and being examined before his Majesty , I being present , he granted that he had a familiar Spirit , which shewed him sundry things ; but he denyed that he was a Witch , or had any frequentation with them . But when it was answered again , how that Amy Simpson had declared , that he caused the Earl of Bothwel address him to her : He granted that to be true , and that the Earl of Bothwel had knowledge of him by Effe Machalloun , and Barbary Naper , Edinburgh Women . Whereupon he was sent for by the Earl Bothwel , who required his help to cause the King's Majesty his Master to like well of him . And to that effect he gave the said Earl some Drug , or Herb , willing him at some convenient time to touch therewith His Majesties face . Which being done by the said Earl ineffectually , he dealt again with the said Richard , to get his Majesty wracked , as Richard alledged . Who said , he could not do such things himself , but that a notable Midwife who was a Witch called Amy Simpson , could bring any such purpose to pass . Thus far the said Richard Graham affirmed divers times before the Council ; nevertheless he was burnt with the said Simpson , and many other Witches . This Richard alledged , That it was certain what is reported of the Fairies , and that Spirits may take a form and be seen though not felt . The Earl of Bothwel , as I said , was entred to Ward within the Castle of Edinburgh , his Majesty not willing to credit his Devilish Accusers , but the Council thought fit that for a while he should pass his time in other Countries , and so to be set free upon some Articles , and Conditions . But some of those who were appointed to deal with him endeavoured to make advantage of him to be his friends . Others who were desirous to have the State troubled , made him false advertisements , as if his life had been in danger . Which caused him resolve to save himself over the Castle Wall , and retire himself to Caithness ; whence he was shortly after sent for by such as were malecontents , and others who were desirous to fish in troubled waters , alledging they had made him friends enough in Court , and that there was a fair enterprise devised , to take the King , and kill the Chancellour . Upon which information , he was easily perswaded to come , and make himself head of that enterprise . He therefore not long after accompanied with James Douglas sometime Laird of Spott , the Laird of Nidrie , Mr. John Colvil , and some others , entred into the Kings Palace late , about supper time , by the passage of an old Stable , not without secret intelligence of some about his Majesty . So soon as they were all within the Close of the Palace , they cryed Justice , Justice , a Bothwel , a Bothwel , and had been Masters of the whole , were it not that James Douglas of Spot after that he had taken the Keys from the Porters , entred within the Porters Lodge to relieve some of his Servants , who were kept there in Prison , and had been examined upon suspicion of the slaughter of his good Father the old Laird of Spott , where he met with some resistance from the Porters , the noise whereof did rise sooner then was the intention of the enterprisers . Which allarmed his Majesty , the Chancellour and others , to shut and fortifie their Chamber-doors , and to make resistance till some relief came from the Cannon-gate , conducted by my Brother Sir Andrew Melvil of Garvock , Master of his Majesty's Houshold , who knew a secret passage through the Abby Church , and entred by the same in Armour . Whereof the Earl of Bothwel and his Company being advertised , they stole quietly through the Galleries unto the part where they entred the Palace , and fled without any great harm , as God would have it . In his out-going , he chanced to meet with John Shaw Master Stabler to his Majesty , whom he slew , together with his Brother , being in a rage that the enterprise had failed . But divers of his Company were apprehended by my said Brother , and by others , who were all Executed the next day . Their manner of proceeding was , first the Laird of Spott with a Company took the Keys , and made themselves Masters of the Gates of the Palace ; another Company was directed to the Chancellour , who was sitting at his Supper , and my Brother Sir Robert with him , and they had been taken , had it not been for the Laird of Spot's earnestness to relieve his Servants . The bruit whereof caused the Chancellour to flee out of his Hall to his Chamber , and shut the Door after him . So that my said Brother got no entry , but retired himself to another void house , whither none pursued him , neither was he in any fear for himself . The Earl of Bothwel accompanied with Mr. John Colvil and others , addressed themselves unto the Queens Chamber door , where he supposed the King would be found . But the door was defended well by Hary Lindsay of Kilfans , Master of her Houshold . In the mean time , his Majesty was conveyed up to that Tower above the said Chamber , after the door of her Majesties Chamber had been broken with Hammers in divers parts , and that Mr. John Colvil had caused bring fire to burn it . The door of the Chancellour's Chamber was manfully defended by himself . He caused his men to shoot out of the Windows continually , and through doors . Where Robert Scot , Brother to the Laird of Balweary was shot through the thigh . The Chancellour took courage when he heard my Brothers voice , and then the enterprisers fled as said is . At their first entry within the Palace , I was sitting at Supper with my Lord Duke of Lennox , who incontinently took his Sword , and pressed forth . But he had no company , and the place already was full of Enemies : We were compelled to fortifie the Doors and Stairs , with Tables , Forms and Stools , and be spectators of that strange hurly burly for the space of an hour , beholding with Torch-light forth of the Duke's Gallery their reeling , their rumbling with Halberts , the clacking of their Culverins , and Pistols , the dunting of Mells and Hammers , and their crying for Justice . Now there was a passage betwixt the Chancellour's Chamber and my Lord Duke 's by a Stair , and during this fray the Chancellour came up the said Stair , and desired entry into my Lord Duke's Chamber . My Lord Duke by my advice , desired him to cause his men debate at the nether door so long as they might , and offered to receive himself within the Chamber . Which the Chancellour took in an evil part , and suspected my Lord Duke : And so returned back again to his own Chamber , and debated the best he could , as said is . So soon as my Lord Duke saw a company of friends within the Close , he went forth to pursue the Earl of Bothwel and his Company , but the night was dark , and they took them speedily to their horses and escaped . They being retired , we got entry to her Majesties Chamber , whither the King was for the time come down . Where His Majesty discoursed with me a good space , concerning this terrible attempt , and of his many hard misfortunes . Where I left not to tell his Majesty some of the special Causes of the said enterprises , and how that many of them might have been prevented by a prudent and careful Government , as may be sufficiently marked and considered by the many admonitions , and former advertisements made unto his Majesty before all the accidents that chanced unto him , and also in this . For two days before this enterprise , my Brother Sir Robert and I had got intelligence , that some such design was shortly to be put in execution by the Earl of Bothwel , and his Complices against his Majesty , and the guiders of Court. Whereof His Majesty made no accompt , though thereof advertised . But was the next day going to hunting , which coming to my Brother's Ears , he rose out of his Bed in his Shirt , only in his Night-Gown ; and came forth to the utter Close of the Abby , and took his Majesty by the Bridle , ( for he was already upon Horse-back ) using many perswasions to have stayed him , though all in vain : For we were in doubt whether the enterprise would be executed in the Fields , or in the Palace . After this attempt , his Majesty went up to the Town of Edinburgh for his greater security ; where there were divers new enterprises made , whereof my Brother Sir Robert getting frequent advertisements , sometimes to keep his Lodging such a night , sometimes to be well accompanied such a night , as being one who had done pleasures to many , and was not hated , nor would never have been in danger , so that he could but save himself from the first fury of the attempters . This hath been the hard estate of this good King , occasioned by his laying the burthen of his Affairs upon a few hated and envied for their Ambition , Covetousness , and Partialities , who so soon as they had attained so weighty a charge , took only care how to make themselves soon rich , most commonly by the wrack of others . So blindly transported by ambition and greediness , that they neglected both King and Common-Wealth , satisfying the King with fair language , though displeasing the Country with foul deeds ; caring only how to discredit and bear down so many honest men , as they knew would discover their misbehaviour , or who would oppose them in their pernicious designs , which I may justly testifie for my part . Not long after this , a new enterprise was made , to make a great alteration in Court , by some Courtiers among themselves . When as the Master of Glams was Treasurer , Sir George Hume Master of the Wardrobe , my Lord of Spinze Gentleman of the Chamber , and young Logie ; also Sir John Maitland , Lord Thirlstane Chancellour , Sir Robert my Brother Treasurer depute , had the principal handling of the Office by disbursing and receiving ; the Provost of Lincludin Collector , and Seatoun of Parbroth Controller , Sir Richard Cockburn of Clarkingtoun Secretary , and I was one of the Privy Council , and Gentleman of her Majesties Chamber ; my Lord Duke of Lennox , my Lord Hume , and my Lord of Mar were drawn upon this course , to reform the abuses at Court as was alledged . There was no good liking between the Master of Glams , and my Lord of Spiny , chiefly for the feud between the Houses of Crauford and Glams . At that time my Lord Spiny was in great favour with his Majesty , and sometime his Bed-fellow : And upon that accompt he was envied . And besides the foresaid feud , he was accused to have been a dealer with the Earl of Bothwel , and upon that was for a time decourted . Young Logie was also thought to have had much dealing with the said Earl and was accused , taken and warded for the same . But he escaped out of a Window in Dalkieth , by the help of a Danish Gentlewoman , whom he afterward married . There was great hatred betwixt my Lord Duke and the Chancellour . For after the late enterprise in the Abby , the Chancellour caused close up the passage with Stone and Lime that was betwixt their Lodgings , whereby he gave the Duke to understand that he suspected him , which was too rashly done by the said Chancellour . For after that , the new alteration was intended , and called the enterprise made at Dalkieth , my Lord Duke , and my Lord Hume riding from Dalkieth to Edinburgh , met the Chancellour well accompanied riding to Court , where the said Lords made a mint to set upon him to slay him ; yet the matter was at that time taken up by Alexander Hoom of North-Berwick , and my Brother Sir Robert , who were in company with the Chancellour for the time . But shortly after that the Chancellour left the Court , retiring himself to his House , and in his absence a great number of faults were charged upon him , and among the rest , how he had so long hindered the King's marriage , whereby the Queens Majesty was made his great Enemy . The Master of Glams also would fain have had my Brother out of his Office , to brook the whole Office of Treasurer alone . Therefore the Laird of Carmichall Captain of the Guard , was easily perswaded to cause a number of the Guard , who stood with Culverins at the Gates of the House of Dalkieth , to boast to slay my said Brother divers times in his passing in and out of the same house , supposing that my Brother should fear his Life , and leave the Court , as the Chancellour had done . But my Brother made no accompt of their boasts ; for he knew the Duke was his friend , and that he had but few enemies : Therefore he frequented the Court more frequently then formerly , but came always well accompanied ; for they could get nothing to lay to his charge , but said to his Majesty that he was too lavish in his Office to be a Treasurer , over easie in his Compositions , and over gentle to such as were denounced to the horn . The Queens Majesty according to her custom , whenever she understands that his Majesty by wrong information is stirred up against any honest Servant , or Subject , she incontinently intercedes for them , and useth great diligence to get sure knowledge of the verity , that she may the boldlier speak in their savour . Therefore so soon as her Majesty understood that they were dealing against Sir Robert my Brother , it pleased her to speak far in his favour , declaring how that at her first Landing in this Country his Majesty had presented him to her , praising him as one who had been a true and faithful Servant to the Queen Regent his Grand-mother , to the Queen his Mother , and to himself , willing her to look upon him as such , and to follow his advice . Also many of the Lords took my Brother's part in such sort , as he still kept the Court and his Office. When this alteration was made I was absent , and at my coming again to Court , his Majesty told me of the Chancellour's fearful retreat , and that he was in no danger in his company . I answered again , that the Prince's presence should be a safeguard , albeit it was not always so in Scotland . It appeared that his Majesty was somewhat altered upon the Chancellour , my Lord Spiny , and my Brother . For as the Master of Glams would have had his Office , so others misliked him , because he haunted the Chancellour's company , and was lookt upon as his great friend , who was generally hated . So that his Majesty was moved to think and say that he was not meet for his Office. I being present , answered , That it grieved me to the heart , to hear and see so good a Prince always invironed with bad company , causing him so oft without reason or offence to cast off his most faithful Servants ; and that it would be seen , let men serve never so well , if they were misrepresented by such as had his Ear , it availed nothing . To this His Majesty replied , That he knew my Brother to be a true Servant , but too gentle , liberal , and easie in his Compositions : he declared that he would never alter upon him nor me , so that he continued constant against the intentions of those who were about him . Here it may be seen how necessary it is to have good friends about the Prince , and how hurtful and dangerous it is for a Courtier , when such as have the Prince's Ear are his Enemies . For in that case , whatsoever his good Service hath been , he is in hazard of being couped and wracked . About this time the Earl of Arran , who had been absent ever since the Road of Sterling , came to Court , and spoke with his Majesty , and pretended to have obtained again his Office of Chancellour . His Majesty had still some favour for him , and would have been content of his company . But others held him back , and shortly after that he was surprised , and slain by James Douglas of Park-head , in revenge of the death of the Earl of Mortoun his Uncle . Little diligence was made to revenge the same , many thinking strange that he was permitted so long to live , in respect of his arrogant and insolent behaviour , when he had the Court at his will. Now the Chancellour , who was decourted at the alteration made in Dalkieth , did what he could to procure his Majesties favour , which at last he obtained , and was again introduced . But at first , the Queen would not see him ; yet at length by the moyan of Sir Robert Ker of Cesfoord , who had married his Brother's Daughter , his peace was also made with her Majesty . About this time there did arise great strife and disorders in the Country , between the Earls of Huntly and Murray ; between the Earls of Caithness and Sunderland ; between my Lords Hamiltoun and Angus : for divers of them had made suits , and obtained Commissions with ample Priviledges over others Lands , as well as over their own , which ingendred many discords . Whereof I advertised his Majesty , that order might be taken therewith . Whereupon the Council being Convened , they ordered Letters to be directed in his Majesties name , charging them all to desist from Hostility , and to compear before the Privy-Council at prefixed days . First the Earls of Murray and Huntly compeared , there being a Gentleman of the name of Gordoun killed with a shot out of the house of Tarnua by the Earl of Murray . Both the parties being come strong to Court , were commanded to keep their Lodgings , for preventing of trouble before their compearing . When his Majesty was advised by the Chancellour what to do in reference to that matter , then his Majesty proposed the same to the Council ; to wit , three points , either present Agreement to be made , or Warding both the Earls , or Caution to be taken of both ; then to send home the one , and hold the other still at Court for a while . His Majesty following forth this proposition , declared first , That the parties could not be agreed , because of the hot blood of the Laird of Cluny , Gordoun's Brother lately slain . Concerning Warding , he alledged , That the Castle of Edinburgh had enough of Prisoners already ; that the Abby was not a fit Prison for Noblemen . So that it would be fittest to take Caution of them both , and to hold them sundry , to send home the one , and retain the other at Court for a season . The Chancellour was of that opinion , and sundry others who used to depend upon such who had the chief handling . Then his Majesty commanded me to tell my Opinion , which was different from this : I advised present agreement , supposing that the Earl of Huntly for his Majesties pleasure , and in obedience to his command , would not refuse to compound the matter by a present up-taking , seeing he was come so great a journy with his Lady and whole Houshold , to remain all Winter at Edinburgh . At this the Chancellour took me up tantingly , saying , that the Earl of Huntly would tarry at Court all that day till to morrow , and would part no sooner ; for he had promised to the said Earl that advantage over his Enemy , albeit I knew the Earl's intention was to tarry all Winter at Court. The Justice Clark was of my judgment , but said , that it appeared his Majesty with the Chancellour had already concluded to send Huntly home , and keep the other at Court. So soon as Huntly went home , wanting his competitor , he triumphed and took sundry advantages upon the Earl of Murray's Land , giving the Earl just occasion of complaint , and getting no redress , he retired himself from the Court , and became so malecontent , that he took plain part with the Earl of Bothwel , who was still upon his enterprises . The Earl of Huntly being advertised that his Adversary was an Out-law with the Earl of Bothwel , he returned again to Court , to get yet some advantage upon him . But in the mean time the Lord Ochiltrie endeavoured to agree them by consent of his Majesty . He drew the Earl of Murray to Dunibirsil to be near hand , that Conditions and Articles might be added , and paired at the pleasure of their friends . The Earl of Huntly being also made privy to his coming to Dunibirsil , obtained incontinently a Commission ( appearing therein to do his Majesty acceptable Service ) to pursue by Fire and Sword the Earl of Bothwel , and all his partakers . Little knew his Majesty that under this general , he was minded to assail the Earl of Murray at his own house , to kill him , as he did to the regret of many . But the Lord Ochiltrie took such a despight that his friend was so slain , under communing , as he alledged , that he took plain part with the Earl of Bothwel , and so did divers others in revenge of his quarrel , incouraging the said Earl to assail his Majesty within his Palace of Falkland , having divers in Court familiar enough with his Majesty upon the said conspiracy with him , whose Council his Majesty followed most . So that they drew him into a Net , to abide still in Falkland , notwithstanding of the many sure advertisements that had been made unto him . Such hath been his Majesty's hard fortune in many such straits . The few number who were faithful to , and careful of his Majesty , counselled him after the first advertisement , to pass the Coupar , and Convene with all possible diligence the Barons of Fiffe for his defence . But such as sought his wrack , persuaded him to tarry and delay , alledging that they had sure advertisement , that the Earl of Lauthian would not come out of Lauthian , till such a day , which would have been two days longer and behind the day which he kept ; for he came to Falkland two days sooner . This advice was given , that his Majesty might be surprised before he could either enter within the Tower of Falkland , or be provided with any forces to defend him . And because they knew my Brother and me to be careful for him , they advised his Majesty to send us home to our houses that same night , that we understood the Earl of Bothwel would be there , and had so told his Majesty , but he believed his abusers better . We gave his Majesty counsel to ride quietly to Bambrigh , that there he might when he pleased take a Boat and go over to Angus , where he would have leisure to Convene the Towns of Pearth and Dundie , and the Country thereabouts . But this advice was also overthrown , by those who were upon the contrary part . Thus we being commanded by his Majesty to ride home , and to warn the Country in case he were besieged within the Tower , we obeyed . My Brother that same night , by the way , was advertised by one of the Earl of Bothwel's company , that he was already in Fiffe , and would be in Falkland against Supper-time . Upon which advertisement he sent his Gentleman called Robert Auflock , to acquaint his Majesty therewith , and to request him to enter within the Tower in due time . When the said Robert declared the matter unto his Majesty , they all laughed him to scorn , calling him a fool . The said Robert returning malecontent to be so mocked , met the Earl of Bothwel and his Company upon the highth of the Lummonds , when it was already dark night , and turned incontinently , as if he had been one of their Company . He used great diligence to be first at his Majesty . Entring within the Palace of Falkland , he closed the Gates himself , and cryed continually to cause his Majesty enter within the Tower , who at length believed him , and mocked him no more . The Earl of Bothwel at his coming had Potards to break up Gates , and Doors . It was not without ground alledged , That some of those who shot out of the Tower for his Majesties defence , charged their Culverins with Paper . But some of his Majesties Houshold Officers shot out Bullets , which gave the Earl and his Company a great scare ; as also his being within the Tower before he was surprised . And supposing that the Country would gather together , the said Earl and his Company retired , and fled , none pursuing them : Whereas a few might easily have overtaken , and overthrown them . That same night I lay in my Boots upon my Bed , expecting word from Falkland , where there was one left to be ready for that effect . At whose back-coming , I with other friends and neighbours , did ride to Convene the Country about Coupar , to have rescued his Majesty . But the King immediately sent me advertisement , that the Earl was fled , yet he desired me to bring these forward , whom he knew I would Convene for his relief , as they did to the number of 3000 that afternoon . Thus God miraculously delivered his Majesty as he had done divers times before . About this time came to his Majesty an honest Gentleman from Ireland , called who made offers of consequence to his Majesty . Whereof the Queen of England was incontinently advertised , and desired to require the said Gentleman to be delivered to her . Which the most part of the Council , councelled his Majesty to do . But the Justice Clark , my Borther , and I , were of a contrary opinion . Which deed did great harm to the settlement of his Majesty's Affairs in England and Ireland . This I speak with great regrate , because it was so far against his Majesties own mind , and yet he suffered it to be done , because the chief Ring-leaders advised it , who have been always won to the devotion of England . Now the Prince being born at Sterling , the day of in the year his Majesty thought fit to send Ambassadours to England , Denmark , France and Flanders , to require their Ambassadours to be sent to the Baptism of the Prince his first-born Son. The Council were commanded to nominate such as were meetest to be sent on that message , as they did . Yet some obtained that Commission , who were very unmeet for that Errand , as Sir William Keeth , for he could neither speak Latine , French nor Flemings . The Laird of Easter Weems procured to carry the Commission to France , and also to England , because he was to go thither about his own Affairs , being the King of France his Servant . But Mr. Peter Young sped best , who sent to Denmark , and to the Dukes of Mecklburg , and Brunswick , for he got three fair chains . But the King of France , nor the Queen of England gave nothing ; which they would have been ingaged to do , if Ambassadours had been sent to them express . Neither sent the King any Ambassadours here at that time . The Queen of England was once resolved to have done the same , till she was advertised by her own Ambassadour in France , that the King was resolved to send none . Then very late she sent the Earl of Sussex , to let us see that she would ever be a ready friend , when France would refuse and lye back . On the other part the Dukes of Mecklburg and Brunswick were discontent that they were so far slighted , as not each of them to be thought worthy of an Express . A special day was appointed for Solemnizing the said Baptism . The Ambassadors of Denmark and Dutchland arrived almost together . His Majesty had sent for me to be there at their coming , to receive them , and to entertain them . But the Ambassadours of Mecklburg and Brunswick , would not ride out of Leeth in company with the Danish Ambassadour , when they were Convoyed up to Edinburgh , but desired a Convoy apart . A few days after them , arrived the Ambassadours of the Estates of the Low-Countries , to wit , Monsieur de Broderod , and Monsieur Fulk great Treasurer of Holland and Zeland , who landed at New-haven ; where I was well accompanied to receive them , having Horse and Footmantles in readiness to carry them up to Edinburgh to their Lodgings . A little before the landing of the said Ambassadours the day of the Baptism was delayed , because there was neither word of an Ambassadour from France , or Ireland , and the King's Chappel in the Castle of Sterling which was cast down to be built again in a better form , was not yet compleated . So that the Ambassadours were ordered to remain in Edinburgh till all might be put in good order . Therefore his Majesty appointed the Master of his Houshold , and my Lord Tungland , my Brother , together with me , to entertain them upon his charges , and also to bear them company . After that they had tarried longer in Edinburgh ( there being no appearance of any Ambassadours from France or England ) we were commanded with some others of the Council to Convoy them to Sterling , where his Majesty made his excuse that they were so long delayed at Edinburgh . But they alledged , they had great contentment in our company . Which his Majesty forgot not to declare before the whole Council , giving me thanks , alledging , that I had done him good Offices , and this among the rest , which he would never forget , and that he had three other of my Bothers all fit for such matters , and for forreign Affairs . Now being in doubt of the English Ambassadour's , the Ceremony was to be Solemnized without longer delay . In the mean time , there came word that the Earl of Sussex was upon his journey toward Scotland , for the Queen his Mistress , on whom the action stayed . The day of the Solemnity , there was great business for their Honours and Seats , that being agreed , there was an empty Chair set before the rest for the King of France his Ambassadour . The order of the Banquet and Triumph I leave to others to set out . When the Ambassadours had Audience of the Queens Majesty , I was appointed to stand a little behind , and next unto her Majesty . To the English , Danish , and Dutch Ambassadours , her Majesty made answer her self . But though she could speak seemingly French , yet she rounded in my Ear , to declare her answer to the Ambassadour of the States of Holland . Then every one of them by order , gave their Presents . The Jewels of Perecious Stones the Queen received in her own hand , and then delivered them unto me to put them again in their Cases , and lay them upon a Table which was prepared in the mids of the Chamber to set them upon . The Queen of England's had a great show , being a fair Cupboard of Silver overguilt , cunningly wrought , and some Cups of massy Gold. The Ambassadour of the States presented a Golden Box , wherein was written in Parchment in Letters of Gold , A gift of a yearly Pension to the Prince of five thousand _____ by year , with great Cups of massy Gold , two especially , which were so weighty , that it was all that I could lift them , and set them down upon the said Table . I leave it to others to set down the weight and value . But I say these which were of Gold , which should have been kept in store to posterity , were soon melted , and disposed : But if they had been preserved , as they ought to have been , those who advised to break them would have wanted their part . All these Ambassadours being dispatched , and well rewarded , those of Denmark were advised by John Lindsay of Monmuire to cause with all diligence send new Ambassadours , to require the Contract of marriage made in Denmark to be fulfilled : Alledging that the Chancellour who had made it , had left out the Rents of the Abby of Dumfarmling fraudfully , and had taken in fee to himself , all the Lordship of Mussilburgh . For this end two Ambassadours were sent from Denmark , upon whom I was appointed to attend , to see them well entertained . As they were well instructed , so they happened upon a meet time , for the Chancellour was for the time decourted , and my Brother was Ambassadour for his Majesty in England . So the Chancellour was caused to renounce his part . And because my Brother Sir Robert was absent , young Sir Robert his Son , and I , obliged us that his part , which was 13 Chalders of Victual should be also renounced at his return , which was accordingly done . His Majesty promised to him as much heritage in an other part , in respect that his gift was obtained long before the Contract of marriage . Divers others who had portions of these Lands , were likewise compelled to renounce , either voluntarily , or by a new Law made for that effect . FINIS . AN Alphabetical Table OF THE Principal MATTER contained in this BOOK . A ABot of Dumfarmling is sent by the King's Lords to meet the Earl of Lennox in his passage to England , p. 106. His Message to the Queen , and her Answer thereunto , ibid. Hastens to the King at St. Andrews , where he behaves himself with great dissimulation , 135. Endeavours by Gold to curry favour with Colonel Stuart , 137. Is after Imprisoned in Lockleven , ibid. Admiral of France his death conspired by Captain Charry , p. 38. but being discovered is killed by Monsieur Chattelier , ibid. Ambassadors sent from Denmark , three joined together in Commission to King James , arrive in Scotland , p. 162. Their Commission and Demands , ill usage and delays , visited by Mr. Wotton , who was very kind to them , ibid. Upon his instigation they inform his Majesty of Reflections upon their Master by his Subjects , and of their rudeness , p. 163. The Ambassadours slight the Earl of Arran , having known him in Denmark but a private Soldier , ibid. Are Banquetted in his Majesties name , 165. Take leave of his Majesty , 166. Part well satisfied after they had received their Presents on Ship-board from the hands of the Author James Melvil , p. 167. Promising to be good instruments of Amity , ibid. Ambassadours arrive in Scotland from several parts upon the birth of Prince Henry , p. 202. Their several rich Presents to the Queen at that time , p. 204. Are all dispatcht and well rewarded , ibid. Areskine Alexander , the Governour of King James during his Minority , p. 125. Is made Master of Mar. p. 126. Arran Earl , see James Stuart . Athol Earl , made Chancellour , p. 126. Hath 1000 men ready to take St. Johnstoun , but being dissuaded from it by the Author , desires him to write to his Majesty for a License for him and his to remain at home , p. 169. Which he did , and procur'd for him , ibid. Is written unto to come to the Parliament at Lithgow , p. 170. Atry Lord , Uncle to the Earl of Marshal nominated by the King's Council to go Ambassadour to Denmark with the Author to Treat about the King's Marriage , p. 177. Comes to Court , but finds the Council not so earnest as his Majesty , p. 177 , and 178. Returns home , excusing himself as sickly and Aged , p. 178. Aubonie Lord , returns from France , p. 127. Being the King's Favourite , ibid. is made Lord Dalkieth , and after Duke of Lennox , 128. A short Character of him , ibid. led by evil Counsel to dangerous courses , p. 131. Understanding that his Majesty was in the hands of the other Lords he retires to Dumbartoun , p. 132. Passeth through England to France , p. 133. And dies shortly after , ibid. B BAlfour Sir James , Captain of Edinburgh Castle , p. 81. delivers the Castle of Edinburgh to the Laird of Grange , p. 90. Is taken out of his own House , and committed by the Regent's order , p. 100. Wins the Regent's familiars with Gold , p. 102. Balnears Henry turns from the Protestant to the Popish Religion , p. 7. And by the perswasion of Abbot Pally breaks the intended Match between Prince Edward and Mary Queen of Scots , ibid. Barnbarrow Laird , sent Ambassadour to Denmark upon the Author's refusal , p. 176. Returns with his Fellow-Commissioner , their Power being insufficient , having no Commission to conclude , ibid. Bassingtoun , a Learned Scots-man and Travellour , his Story concerning the Affairs of England and Scotland , p. 92. Bastien , a French-man , at the Banquet after the Baptism of King James , devised a Machine that gave great distate and disturbance , p. 76 , and 77. Beaton David , Cardinal , makes King James the Fifth's Will when dying , which he dictated , which was therefore annulled , p. 6. is slain in his Castle at St. Andrews , p. 7. by the complotting of Sir George Douglas , &c. ibid. Bedford Earl , one of Queen Mary's surest Friends in England , p. 76. Arrives in Scotland with several other Persons of Quality , ibid. departs , and they are all rewarded , 77. desires the Author to beseech the Queen to entertain the King as formerly , and not to slight him , ibid. Bettancourt Master of the Houshold to the Queen Regent of Scotland , brings instructions to destroy Hereticks , p. 24. which she observes being menaced , ibid. Bishop of St. Andrews designed Ambassadour for England , p. 194. Disdained and dishonoured in England , p. 150. The reason , ibid. Is nominated to be sent Ambassadour to Denmark , p. 176. Bishop Thomas , a Scotsman , sends a Letter from England to the Authour about the report of the Queen's marriage with her Husband's Murtherer , together with his Character , disswading her from it , p. 79. Which he shew'd the Queen , and was forced to flie for 't , ibid. Bothwel Adam , Bishop of Orkny , p. 84. Bothwel Earl , is sent by the Queen to clear the Borders of Thieves upon the departure of those that attended the Prince's Baptism , p. 77. He and Earl Huntly attempt the slaughter of the Earl of Murray , but were prevented , ibid. Is suspected of some enterprise against the King , p. 78. The Earl of Orkny tells him , it would cost him his life if he stayed at Edinburgh , ibid. Lays a Train of Powder and blows up the King's Lodgings , ibid. Upon a rumour of his murthering the King he calls an Assize of Lords , and is acquitted , ibid. He with a great company seizeth the Queen , p. 80. A number of Noblemen meet at Edinburgh , and declare it is the Queen's interest to marry him , which he did , having at that time the Lord Huntly's Sister to Wife , ibid. Intends to kill Secretary Lidington in the Queen's Chamber , which had been effected , had not the Queen interposed , being married , he was very earnest to get the young Prince into his hands , ibid. Flies from Edinburgh , and takes the Queen with him wherever he goes , p. 82. Convenes a great number of his Friends against the Lords , resolving to fight them , ibid. Challengeth to fight any one that would maintain he murthered the King , but refuseth the Lord Grange and Tallibardine , because but Barons , p. 83. Then the Lord Lindsay offered the Combat , but he coldly declin'd it , ibid. Flies to the Castle of Dunbar , and from thence to Sheatland , p. 84. Is pursued by two Ships of the Lord Grange's , and he saved himself in a little Boat , p. 85. Flies to Denmark , is kept there close Prisoner , and dies mad and miserable , ibid. Bothwel and others endeavour to take the King and keep him , p. 175. but fail in their Enterprise , ibid. Labour with the-King to send Sir John Seatoun to Spain , ibid. Bothwel Francis , accused of a design against his Majesty , Wards himself in the Castle of Edinburgh , p. 194. Desiring to be Tried for the same , ibid. Escapes over the Castle-wall , and retires to Caithnesse , p. 195. Is sent for by some Male-contents , who design'd to take the King and kill the Chancellour , p. 196. With whom he joyn'd and headed them , ibid. He with others enters into the King's Palace by night , ibid. Their proceedings therein , p. 197. Steals away quietly , but kills John Shaw Master Stabler to his Majesty , and his Brother , ibid. He and his Party makes a second attempt on his Majesty in Falkland , p. 202. but finding resistance , he and his Company fled , ibid. Bowes Mr. Ambassadour Resident at Edinburgh from Queen Elizabeth , p. 142. Attends upon Walsingham , when he first received Audience , p. 147. A long time Resident in Scotland , p. 150. Informs the English of the Bishop of St. Andrews Qualities , when he was sent Ambassadour to Queen Elizabeth , ibid. Broderade Monsieur , and Monsieur Fulke sent Ambassadours to Scotland , from the States of Holland , and arrives there upon the birth of the Prince , p. 203. Buchanan Master to King James , p. 125. His Character , ibid. Buccleugh Laird , Wise , True , Stout and Modest , p. 113. Burleigh Lord , see Cecil . C CAiro Mr. Queen Elizabeths Cousin , P. 141. Calis promised to be restored to England after the loss of St. Quintins , p. 22 , and 23. Caraffe Cardinal , sent Legat to France from the Pope , p. 19. The ground of his Embassy , ibid. Is strangled by Pope Pius the 4th , p. 20. And why , ibid. Cardanus an Italian Magician , Cures the Bishop of St. Andrews of his Distemper , p. 14. Caprintoun Laird , the Earl of Arran's Uncle , is sent by his Majesty to reprove the Earl , p. 155. Carmichael James Minist . of Hadingtoun writes the History of those Tricks the Devil play'd in Scotland , p. 195. And the whole deposition of the Witnesses upon the account of the Earl of Bothwel , ibid. Carmichael Laird , laments to the Author , the ingratitude of the Regent of Scotland , Mortoun , p. 124. Follows the Authors Counsel , and becomes a great Courtier , p. 125. But proves afterwards ingrateful to the Author , who promoted him , ibid. Is made Captain of the Guards to King James , p. 199. Boasts that he would kill Sir Robert Melvil , ibid. Casimire Duke , Second Son to the Elector Palatine , is about the Contracting a Marriage with the Duke of Lorrain's Eldest Sister , p. 31. But prov'd ineffectual , ibid. The reason thereof , p. 32. Finding no probability of a Match with Queen Elizabeth , he Marries the Elector of Saxonies Eldest Daughter , p. 40. Cavatius the Learned Mathematical Tutor of the Bishop of Valence , is imprisoned by the French King , p. 13. The reason why , ibid. Cecil Secretary , promiseth rewards to Ruxby by Letter , but it was discovered to the Queen , p. 69. Pretends to be her friend , is the first person that whispered to her the News of the Birth of the Prince , ibid. Informes the Queen that the Duke of Norfolk was come to Court , and that she should seize him which was done accordingly , p. 99 , and 100. Created afterward Lord Burleigh , and causeth Dallison to be sent Agent into Scotland , p. 157. Is discontented that Walsingham was too precise and would not confer with the Earl of Arran , ibid. Charles the 9th of France succeeds Francis the Second , p. 29. Chattellerault imprisoned in Edinbrugh Castle , p. 101. Set at liberty through the mediation of the Lord Grange . Clergy of Scotland use their utmost endeavours to prevent the interview of Henry the 8 , and his Nephew King James the 5th of Scotland , p. 2. Clark Alexander , Povost of Edingbrugh , p. 129. Cockburne Sir Richard , Secretary to King James , p. 198 , Colvil John , and Colonel Steward are sent to the Convention at St. Andrews , and return , p. 133. Disagree in their Commission , ibid. Colvil and others imprisoned , p. 137. Constable of France entertains the Author with design to promote him , p. 15. Is sent with 16000 Men to keep the Spaniard from entring upon the Frontiers of France , p. 20. His Discourse and Passion with an Enthusiast who Fore-told his Mis-fortune , ibid. His Noble and Resolute Answer to the Master of his Horse , who advised him to fly , p. 21. He being overthrown by a Party of Spaniards , and his Men all slain desired to be kill'd , but was shot in the Thigh and taken Prisoner , p. 22. Is Commanded by Francis the Second , King of France to retire , p. 28. Yet still offers to retain the Author in his Service , which he accepts , ibid. Is sent for to Court , but delays coming , and in the mean time the French King dies , and then he Posts to Court like the Constable of France , Commanding all the Guards , p. 29. The Duke of Guise and the Cardinal his Brother are Commanded out of Town , and the Constable is kindly received by the Queen-Mother , p. 29 , and 30. A Convention is appointed for ordering his Majesties Affairs after his return from Denmark , p. 184. But few of the Nobility appear there , being slighted at the Queens Coronation as they supposed , ibid. Reformation is designed by this Convention , but nothing performed , ibid. Condingknows Laird , is made Captain of the Castle of Edinburgh , p. 174. Desires a Commission to go Ambassador for England , but is denied , ibid. The Council of England conclude to take away the life of Mary Queen of Scotland , Prisoner in England , p. 171. Falsly alledging that She practiced against the State , p. 172. Think fit to secure his Majesty in Scotland , in the hands of the Banished Lords , that so they might seek his life , or keep him a perpetual Prisoner , but herein prove defeated , ibid. Fall down upon their knees with many of the Nobility , Alledging that her life as well as their lives and fortunes was in hazard , by reason of the practises of Queen Mary , ibid. Received the Summons from Secretary Davison , and give her warning to prepare for Death the Night before , ibid. A Council Conven'd about the dissention of several Lords , p. 200. De Crook Monsieur , is sent Ambassador to the French King from Scotland , with a Letter about the foulness of the Murther of their King , p. 82. Receives an Answer from the Lords with a resolution to use all diligence to detect the Murtherers , ibid. Crauford Captain , Accuseth Secretary Lidington of the Murther of the late King of Scots , p. 100. He being at that time Servant to the Earl of Lennox , Alledging his Commission for so doing from the said Earl his Master , p. 110. Crauford Lord , is Committed to the Custody of the Lord Hamiltoun , p. 170. Cunningham James Captain , a discreet Man , Servant to the Lord of Marr then Regent in Scotland , p. 115. D DArnly , Son to the Earl of Lennox , a Handsom , Beardless , Lady-fac'd Man , p. 48. Procures a License from the Queen of England to go to Scotland , p. 53. His intention therein , ibid. Proposeth a Marriage to Queen Mary , who refuseth a Ring he presented to her , p. 56. Which the Queen seems to disrelish , ibid. Becomes acquainted with Rixio , who was his great Friend to the Queen of Scots , ibid. Finds the Queen cold in her favours , after her confinement upon the murther of Rixio , p. 66. Follows the Queen ( though slighted ) whithersoever she went , p. 77. Goes to Glascow , falls sick , being suspected to , have poison given him by a Servant of his own , ibid. Is brought from thence to Edinburgh to recover his health , p. 78. Dies , and how , ibid. Davison is sent Agent into Scotland , and afterward made Secretary to Queen Elizabeth , p. 157. Professeth himself a Scot , ibid. Remains at Coupar till he had Audience , which he had at Falkland , ibid. But proves deceitful , p. 158. Returns to England , ibid. Receives the written Summons for the Execution of Queen Mary , with a strict charge not to , deliver it without her express Command , p. 172. But being deceived by the Council of England delivers it , ibid. For which he is Committed to the Tower by Queen Elizabeth , for disobeying her orders upon that account , p. 175. Dingual Lord , is sent to King James for a License to return , or a Commission to conclude the Match with Denmark , p. 179. Finds his Majesty at Aberdeen , the Chancellour and most part of the Council being absent , p. 180. So that he obtained a full power to conclude the said Match , ibid. Dosel Monsieur , Lieutenant in Scotland for the French King , p. 24. a passionate Man , p. 25. Douglas Archibald , is cleansed of the late King's murther in Scotland , p. 174. Frequents the Court familiarly , ibid. returns to England to remain Ambassadour there , ibid. Hath great reputation with Mary Queen of Scotland , yet injureth her Cause in England , and is discharged of his Embassy upon the Arrival of Sir Robert Melvil in England , ibid. Douglas George , the Natural Son of the Lord Angus enters the King's Closet with the Lord Ruthven , the Queen being present , and with the King's Dagger struck him , p. 64. And afterwards drew him into the outer Hall and kill'd him , p. 65. Conveys the Queen to Lockleven as a Captive to the King's Lords , p. 90. Hath the House of the Castle delivered to him , p. 121. Douglas Sir George , desires to have the Commission for Ambassadour to Spain , p. 175. But is denied , ibid. Douglas James , the Natural Son of the Earl of Mortoun , p. 127. Kills the Earl of Arran in Revenge of his Uncle's death the Earl of Mortoun , 200. Drake Sir Francis , by a stratagem of a Ship full of Powder with a burning Link , fires the Spanish Navy , and discomfits them , p. 176. Drumhafel Laird , Master of King James his Houshold when young , p. 125. Draws the Earl of Arguile and Athol to Sterling , p. 126. Is discharged out of Court , ibid. Assures the Earl of Grange that the Duke of Lennox designed to kill him , p. 131. though it prov'd false , p. 133. Is imprison'd by the procurement of the Earl of Arran and his Lady , p. 137. Du Bartas Monsieur , famous for his French Poesie , arrives in Scotland , p. 176. Proposeth a marriage with the King of Scots and the Princess of Navarre , ibid. Resides at Falkland with the King , p. 177. Dundee Earl , is sent one of the Ambassadours to Denmark about the King's marriage , p. 179. Dudly , Lord Robert , afterward made Earl of Leicester , is proposed by Mr. Randolph , as a fit Match for Mary Queen of Scotland , p. 40. E EAster Weems , Laird , goes with a Commission to England and France , p. 203. Is a Pensioner to the French King , ibid. Elizabeth Queen of England sends Instructions to Mr. Randolph , her Ambassadour in Scotland , to propose the Lord Robert Dudly as a fit Match for Mary Queen of Scotland , p. 40. Disrelisheth the proposal of a Match between Queen Mary and Charles the Arch-Duke of Austria , p. 41. Which appears by her sending : the Earl of Sussex to the Emperor's Court to draw on the marriage of the Arch-Duke with her self , ibid. This occasion'd grudges between the Two Queens of England and Scotland , p. 42. She designs Darnly for Queen Mary's Husband , ibid. Creates the Lord Robert Dudly Earl of Leicester , and Baron of Denbigh , p. 47. Is distemper'd with a Fever , insomuch that her life is question'd , p. 67. Disturbed at the Birth of the Prince , Queen Mary's Son , p. 69. Yet promiseth to be Gossip to him by proxy of Lords and Ladies , p. 70. Upon her fair promises Queen Mary flies . to England , but she would not see her , though she often desired it , p. 92. Causeth her to be kept Prisoner till she lost her life , after a tedious confinement , ibid. Is Reproached by the Ambassadours of Foreign Princes , for her unprincely dealing with Queen Mary , p. 93. Having obtained her desires upon the Accusation of Queen Mary received great content , having now matter sufficient to shew Foreign Ambassadours why she detained the Queen , p. 97. Is glad of the Queen's dishonour , yet sends privately to comfort her upon her false Accusation , ibid. Her Answer to the Abbot of Dumfarmling upon his Propositions , p. 106. Sends an Ambassadour to the King of Scots , when confin'd , offering him her Assistance , p. 132. Sends a sharp Letter to King James , p. 139. The Contents thereof , p. 140. Receives intelligence of a Magnificent Embassy from Denmark to Scotland , p. 161. by Three Ambassadours with a splendid Train , ibid. Upon which she sends Wotton to land to disturb the Affairs of that Kingdom , ibid. Is intreated by the Council and Nobility to take away the life of Queen Mary , p. 172. Which at first she refuseth , but afterwards condescends to , ibid. Purgeth her self of the Death of Queen Mary as being deceived by her Council and Mr. Secretary Davison , p. 175. Is sent to for consent to the Marriage of King James with the Daughter of the King of Denmark , and returns her Answer , p. 179. Saying , She would employ her Credit with the King and Princess of Navarre , to bring his Marriage with that Princess to pass , ibid. Sends the Earl of Sussex Ambassador to Scotland , and upon what account , p. 203. Elphingstoun Nicholas , adviseth the Regent Mortoun that he was in disfavour with the King , and ought by Gold to purchase friends , p. 125. Emanuel Duke of Savoy , leads the Spanish Army that Invades France , p. 201. Emperor of Germany retires to a Monastery of Monks in Spain , p. 18. Endeavours to get his Son Philip Elected Emperor , but is denyed , ibid. Gives him all the Dominions he had in Spain , Italy , and the Low-Countries , p. 19. Labours for a Treaty with France for 5 years , which was agreed and sworn to , but broken by the Popes persuasion , ibid. Enig , the Dutch word , admits of Two divers interpretations , which was disputed by the Emperor , &c. p. 12. F FErdinand King of Bohemia , Brother to the Emperor Philip and Arch-Duke of Austria , Elected Emperor by the Princes , p. 19. Fernthast Laird , Warden of the Borders on the Scots side , p. 166. Marries to the Earl of Arran's Brothers Daughter , ibid. Foster Sir John , Warden , a strange trick of his Steed , that mounted and hurt Mary Queen of Scots , when discoursing with him , p. 77. Francis the 2d Dauphin of France Married to Queen Mary of Scotland , p. 8. Succeeds his Father Henry the 2d , p. 28. Is wholly guided by the Duke of Guise , and Cardinal Lorrain , ibid. Raiseth Men to send into Scotland , p. 29. Dies at Orleans in France , ibid. Frederick King of Denmark , his Genealogie related by the Author to King James , when he had Three Ambassadors joyned in one Commission in Scotland , p. 165. Hath several fair Daughters , p. 167. G GAury Earl , Treasurer of Edinburgh , p. 129. Intercedes for the life of the Duke of Lennox , p. 132. Keeps the Earl of Arran in Custody , p. 133. Repents his being drawn in by Drumhasel to joyn with the Lords that were against the King , ibid. But at St. Andrews he turns to the Lords of the Kings Party , p. 136. Treats his Majesty Royally at the House of Ruthven , p. 137. Begs his Majesties Pardon and obtains it , ibid. Is driven from Court by the Earl of Arran , but reconciled to him , p. 142. Yet conditions being unperform'd , he resolves to leave the Country , ibid. Obtains his Majesties consent to depart , the said Earl of Arran proving his mortal Enemy , p. 155. Before he goes takes part with the Earl of Angus and others in their design to take Sterling in despight of the said Earl , ibid. Is taken Prisoner in that enterprize , p. 156. Is near of Kin to his Majesty , hath his Lands seized ; and is Executed on the Scaffold , dying a devout Christian , ibid. Gordoun a Gentleman of that name , is kill'd by the Earl of Murray , p. 200. Graham Richard , hath a familiar Spirit , p. 195. Is brought to Edinburgh and examined before his Majesty about the Earl of Bothwel , and burnt with other Malefactors , ibid. Grange Laird , is Lord Treasurer and Favourite to King James , upon the Kings Command alledgeth reasons against the Prelates Propositions , p. 2 , 3 , and 4. A stout , bold Man , p. 4. Pursues with two Ships Bothwell , p. 184. But he escapes , and his Servants were taken and the first discoverers of the King's Murther , p. 185. Is made Chief of a Company of Horsemen , who came to fight against Bothwel , which the Queen understanding , sends for him under surety , p. 83. Was like to be kill'd by a Souldier appointed by Bothwel for that purpose , but was saved by the Queens crying out , ibid. Offers to Combat Bothwel upon his Challenge , but is coldly refused , ibid. Promiseth upon his honour to protect Sir James Balfour upon his delivery of Edinburgh Castle to him , p. 100. Offers to fight with Mr. Archibald Douglas being guiltless of the Kings Murther , ibid. Takes Secretary Lidington into the Castle of Edinburgh , p. 101. His vertues are envied by some , and his Charge coveted by others , p. 104. Obtains a Warrant from the King's Lords to set the Duke of Chattellerault and the Lord Herreis at liberty , p. 105. Sticks close to the Kings Authority , p. 108. Sides at last with the Queens Lords , ibid. Sends for the Laird of Fernihast and Buccleugh , who resolved to seize on the Lords at Sterling , p. 113. Which they attempted but failed , p. 114. Laments the slaughter of the Earl of Lennox Regent of Scotland , ibid. Was ever esteemed honest , p. 119. Is taken Prisoner after the delivery of Edinburgh Castle with Sir Robert Melvil and Lidington , p. 121. Is wracked to death , p. 123. His Character , ibid. Guise Duke , goes with a great Army into Italy , after the breach of the Truce between the Emperor and French by the Popes persuasion , p. 19. He and the Lieutenant of Picardy unexpectedly enters on the King of Spain's Dominions , p. 19 , and 20. Is killed by Poltrot at the Siege of Orleans , p , 35. For which the Admiral of France is Accused , p. 36. But cleared , ibid. H HAmiltoun Laird , is advanced to be Governour of Scotland , p. 7. Induced to resign the Government to the Queen , p. 2. Shoots the Regent Murray in his passage to Lithgow , p. 203. And Escapes , ibid. Henry the 8th King of England , is discontented at the Popes denial of his Divorce from Queen Katherine , and thereupon proclaims himself Head of the Kirk , discharging St. Peter's Pennies here , and the Popes Authority , p. 1. Declares his Daughter Mary a Bastard , ibid. Obtains a Divorce from his own Clergy , and seeks amity with his Nephew James the 5th , King of Scotland , desiring an interview with him at York , ibid. A short Character of him , p. 3. Is highly offended at the disappointment and affront put upon him by King James his not meeting him at York , that he sent an Army to Scotland to destroy it , p. 5. Is much afflicted at the death of the King of Scotland , and lays down the reasons of his Warring with that Nation , p. 6. His wrath against the Pope is great , ibid. He demolisheth Abbeys , and compells the Nobility to exchange their Lands for them , that might never return to the Kirk , ibid. Endeavours a Match between Edward the Sixth his Son , and Mary of Scotland , though it brake off , and caused War between the Two Kingdoms , p. 7. But it was at last agreed , ibid. Henry the Second of France had hot Wars with the Emperour , the occasion and management thereof from p. 15 , to p. 18. Is hurt by the shiver of a Spear , engaging with the Earl of Montegomery at the Iustings of his Daughter's Marriage with the King of Spain , p. 28. And dies Eight days after , ibid. Henry Prince , King James his first Son , born at Sterling , 202. Herreis Lord , is Imprisoned in the Castle of Edinburgh , p. 101. Hume George , turns William Kieth out of his place of Master of the Wardrobe , when King James was in Denmark , p. 182. Being Knighted is made Master of the Wardrobe , p. 198. Hume Lord , takes part with the Hamiltouns and Queens Faction , p. 106. With whom the Regent Mortoun durst not meddle , standing in awe of his Party , p. 122. Dies shortly after , being a Prisoner in Edinburgh Castle , ibid. Hunsdon Earl , hath a Conference on the Borders with the Earl of Arran , p. 158. Contrives a secret Plot , ibid. Huntley Earl , is Chief of the new Faction about his Majesty , p. 175. Endeavours to turn out the Master of Gray , and Martland the Chancellor , ibid. Procures the Gift of the Benefice of Dumfarmling , ibid. Great disorders occasioned by the Dissention between him and other Earls , p. 200. Is sent home hereupon , p. 201. Triumphs , and takes advantage of the Earl of Murray's Lands , giving him just cause of Complaint , ibid. Kills the Earl of Murray , ibid. I JAmes the Fifth of Scotland his resolute Speech to the Prelates , p. 4. Gives the Ward and Marriage of Kelly in Angus to the Second Son of the Lord Grange , ibid. Gives ear to the Clergy to put off the Convention with King Henry the 8th at York , ibid. Is forced to raise an Army to defend his Country upon that account , p. 6. Is much troubled at the Defeat of his Army , and useth severe Language against the Prelates , who fearing his displeasure , poison him with an Italian Posset , ibid. His Character , p. 7. James Lord Prior of St. Andrews , the Natural Son of James the Fifth , p. 25. Hears of Queen Mary's Resolution to return to Scotland , and goes to France to request it , p. 31. Returns to Scotland to prepare them for her Reception . ibid. James the Sixth , King , born , p. 69. When of Age he causeth the Heirs of the Lord Grange to be restored , p. 123. Orders his bones to be taken up and honourably buried at Killingborn , ibid. Is brought up at Sterling by Alexander Areskine , and the Layd Mar , p. 125. Hath Four Masters , their Character , ibid. The Earl of Mortoun being deposed , he takes the Government into his own hands , p. 128. Is surprised by the Lords in the House of Huntingtoun , p. 132. Is conveyed afterward to Sterling , and there retained , ibid. Laments his mishandling during that Captivity , ibid. Invites by Letters some of the Nobility to a Convention , p. 133. Goes from Falkland to St. Andrews , some few days before the Convention , to the Earl of March , p. 135. Thinks himself there at liberty , ibid. Lodgeth in an old Inn there , ibid. Becomes Master of the Castle , p. 136. And declares his moderate intentions toward all the Lords , ibid. Orders 4 Lords to retire , and retains the rest as his Council , ibid. Causeth , a Proclamation to be made according to his moderate intentions , p. 137. Returns the Author thanks , as the only instrument of procuring his liberty , ibid. Is gently inclined to all the Nobility , and Treated particularly by the Earl of Gaury , ibid. Solicits the Author to prevail with the Lord Gaury , that the Earl of Arran might come to Court and kifs his hand , p. 138. Promising he should not stay there , ibid. Sends a Letter in Answer to Queen Elizabeth's , p. 140. The Contents thereof , p. 140 , 141 , and 142. His Majesty is taken again , p. 142. Gives Secretary Walsingham Audience , p. 147. Sends a Letter to Queen Elizabeth , promising not to bring again the Earl of Arran into Court , p. 148. Is taken at the Road of Ruthven , p. 149. And retain'd Captive , ibid. Takes little care to prevent inconveniences , yet obtains his liberty . ibid. Assures the Author that he would Convene a Council of Lords at Edinburgh , p. 150. His Dream concerning the Earl of Gaury , p. 156. Writes for Melvil the Author to come and advise him , p. 157. As also to come and entertain Wotton , being sent to him by the Queen of England , p. 159. Whom he loved before he saw , by reason of the advantageous Character , which the Master of Gray gave him , ibid. Orders the Author to entertain the Danish Ambassadours , 162. And because they were three in Commission wisheth him to choose two more to accompany him , which he did , ibid. Gives them Audience at Dumfarmling , and is much dissatisfied at their ill handling , ibid. Grows impatient to hear the Author speak against Wotton , p. 164. Acquaints the Author that he was informed the King of Denmark's Descent was from Merchants , ibid. But after he was informed of the truth , he sends for the said Ambassadors , p. 165. Promiseth them a speedy dispatch to their satisfaction , ibid. Orders a Banquet for them , is hindred from being present at it , but being informed how matters stood , goes thither and drinks to the King , Queen and Ambassadors of Denmark to their great content , p. 166. causeth their dispatch to be ready according to promise , ibid. Sends to the Earl of Arran for a great Gold Chain which he got from Sir James Balfour , to present it to the Three Ambassadors , which was done accordingly , ibid. Sends to agree with the Banished Lords at their coming to Sterling , p. 169. Where it was agreed his Majesty should be in their hands , and no rigour used to those about him , ibid. Calls them Traytors at first , but after grants them , a Pardon , ibid. Acknowledgeth the Earl of Arran to have been a bad Minister of State , and that he should never be readmitted to Court , p. 170. Hears the news of his Mothers Execution , which highly displeas'd him , p. 173. Convenes a Parliament desiring the Assistance of his Subjects , ibid. When he at first hears they were about the Conviction of his Mother , he sent Two Ambassadors on her behalf , ibid. Sends for the Author to prepare him to go Ambassador to England , ibid. Goes to the Western Borders to reform some disorders between the Maxwels and Johnstouns , p. 175. Resolves to wait an opportunity to revenge his Mothers Death , rather then trouble the Peace of the Kingdom of England , ibid. Is Courted in Marriage by many great Princes , p. 177. Asks Council of God by Prayer Fifteen days , and then resolves to Marry the King of Denmark's Daughter , ibid. Makes choice of the Author to go Ambassador to Denmark , ibid. Perswades him to undertake that Embassy , p. 178. Consents that his Brother , the Lord Yungland should be joyned in Commission with him , and gives him Commission by word of mouth , ibid. Is angry-with the Author , p. 179. Is advised to send to Queen Elizabeth to desire her Consent to his Marriage with Denmark , ibid. Her Answer thereunto , ibid. Is incensed with his Council for Voting against that Marriage , ibid. Deals privately with those at Edinburgh , to threaten the Council and Chancellor , menacing him with Death , if that Marriage was hindred , upon which he sends the Earl Marshal with 2 other Persons to Denmark , ibid. Hears of their being at Sea with the Queen , and makes preparations for her Reception , and being impatient at their long delay , lays the fault on his Council , p. 180. Directs Colonel Stuart to Sir Robert Melvil and the Author , charging them to take care of his Estate in his absence , p. 180 , and 181. Is perswaded to go in person to Denmark , p. 181. Sails to Denmark in person to fetch the Queen , and leaves Sir Robert Vice-Chancellor , ibid. Three Ships went with him besides his own , he lauds at Norway , where the Queen waited for a Wind , and there Celebrates the Marriage , ibid. Returns not that Winter , is sent for to Denmark , whither he went by Land with his new Queen , where he behaves himself libe rally and honourably by the way , and at the Court of Denmark , ibid. Is much troubled to make those Officers of State agree that were with him there , p. 182. Returns the next Spring with the Admiral of Denmark and other Persons of Quality , ibid. Treats them all honourably , and after the Queens Coronation dismisseth them Magnificently Rewarded , ibid. Sends for the Author at his Landing , ibid. Repents his anger with Sir Robert Melvil , and turns it against the Chancellor , who incensed him against Sir Robert , p. 183. Rewards the Strangers n●●ly after the Queens Coronation and Banqueting to their great satisfaction , p. 184. Desires Sir Robert Melvil and the Author to advise upon some good Rules for the establishing Affairs before his going to Denmark , p. 185. Is abused upon the account of Maclean and other Highlanders . p. 192 , and 193. Sends for Melvil the Author to wait upon the Queen , promising him rewards , p. 193. takes occasion at Table to discourse advantageously of the Author to his Queen , p. 193 , and 194. Secures himself in Edinburgh after Bothwel's Attempt on the Palace , p. 197. Thinks Sir Robert Melvil not fit for his Office , yet continues him still , p. 199. Is design'd to be seized at Falkland by Bothwel and his Party , p. 201. And miraculously delivered by God from that Conspiracy , p. 202. Determines to send Ambassadors to England , Denmark , France and Flanders about the Birth of his Son Prince Henry , p. 203. Requiring them to send Ambassadors to solemnize the Baptism of his first born Son , ibid. The Ambassadors are sent , p. 203. Jane Kennedie , the Wife of Sir Andrew Melvil was a long time in England with his Majesties Mother , p. 180. Is sent for by him to wait upon the young Queen , who making hast , was drowned in the Passage-Boat in a great Storm , which was raised by the Witches of Scotland , as appears by their own Confession to his Majesty , ibid. John de Monluck , Bishop of Valence , is sent Ambassador from France to the Queen-Mother of Scotland , p. 8. Goes first to Ireland by his Masters Command , and why , ibid. A pleasant story of his Harlot , ibid. Was formerly Ambassador from the French King , to the great Turk Solyman , p. 9. After his Arrival at Paris is sent to Rome , p. 10. And wherefore , p. 10 , 11 , 12 , and 13. But to no effect , p. 11. Learns the Mathematicks of Cavatius & other Sciences by Taggot another knowing Man , p. 13. K KEer Henry , one of the Counsellors of the Duke of Lennox , p. 128. Keeth Sir William , is sent Ambassador to Flanders , upon the Birth of Prince Henry , p. 203. Kieth Andrew Lord , is sent Ambassador with the Earl of Marshal to Denmark , at the request of the said Earl , p. 179. Killegrew Henry , is sent Ambassador from England to Scotland , p. 68. Complains against Mr. Raxby as a Rebel and Papist harboured there , ibid. Upon which he was secured , p. 69. Is dispatch't with a friendly Answer some time after , p. 72. He carries two Letters from Queen Mary to Sir Robert Melvil in England , and to what intent , p. 72 , 73 , and 74. Is hasted Ambassador to Scotland after Mr. Randolphs return to England , p. 115. Desires the preservation of Sir Robert Melvil's Life as a reward for his labour , p. 122. King of Denmark marrieth his eldest Daughter to the Duke of Brunswick , p. 177. Excuseth to King James , laying the blame upon his Ministers , ibid. But promiseth to dispose of his Second Daughter to him , if he would send his Ambassadors thither , but in the interim dies , leaving the same Commission with the Council and Regents , ibid. King of Navarre , is Governour for the time of the young French King , Charles the 9th , p. 30. Procures of the Three Estates assembled at Orleans , that the Queen-Mother should be Regent of the Realm , ibid. King of Spain enters the Frontiers of France with a great Army , p. 20. Kings of Scotland never grew rich since they left the High-Lands to dwell in the Low-Lands , p. 193. But ever since diminished , which his Majesty found true , ibid. Knolls Sir Henry , is sent Ambassador from Queen Elizabeth at the Dyet Imperial held at Franckfort , Anno 1562 , p. 39. L LEicester Earl , Queen Mary's avowed Friend , p. 71. And several other Persons of Quality , ibid. Lennox Duke , endeavours to free the King of Scots , but is chased into the House of Ruthven , and saved by the intercession of the Earl of Gaury , p. 132. Retires to Dumbartoun , ibid. Afterward goes to France and dies , p. 133. Lennox Earl , is sent for to be made Regent of Scotland in the room of the Earl of Murray , p. 104. Proves a true Scotsman , p. 106. After he had accepted of the Regency , he takes Breechin , and hangs the Soldiers found in the Kirk and Steeple , p. 107. Is shot in the Back in the Enterprize of taking the Lords Prisoners at Sterling , p , 114. Dies in few days after , and makes a godly end , ibid. Lennox Lady , the Mother of Darnly King of Scotland , is Committed to the Tower and kept there a long time , because he Married the Queen of Scots without Queen Elizabeth's advice , p. 58. Lidingtoun , Secretary to Queen Mary , and of great Credit with Secretary Cecil , p. 32. He with the Prior of St. Andrews procures a fair Correspondence between the 2 Queens of England and Scotland , ibid. And p. 33. He retires with other persons , being in danger of their lives , p. 65. Goes from Court , p. 100. Is Accused of the late King's murther , and Imprisoned , ibid. Is brought by the Regent to Edinburgh , and delivered to the Lord Grange to be a Prisoner , ibid. Is set at liberty by the King's Lords , p. 105. Taken Prisoner after the surrender of Edinburgh Castle , p. 121. dies at Lieth to prevent his coming to the Shambles with the rest , p. 122. Logie , a young man , Gentleman of the Chamber to King James , p. 198. Is Accused and Imprisoned for dealing with Earl Bothwel , ibid. Lords ( called the Queen's Lords , as the other the King's ) meet together at Dumbartoun to procure their Soveraign's liberty , being against the King's Lords , p. 88. Binding themselves in a Bond , ibid. They issue out proclamation on both sides to Convene their friends , p. 90. Meet and fight , but the Queen's Lords are Routed , p. 91. The King's Lords send for the Earl of Lennox , to make him Regent in the room of Murray , p. 104. They hold a Parliament at Sterling , and the Queen 's at Edinburgh , p. 113. Lords all written and unwritten for arrive at St. Andrew's , to attend the Convention intended there by the King , p. 136. Design to have the King in custody , ibid. Lords met at Edinburgh , pass a Vote unanimously ; being preoccupied by the Earl of Arran , p. 153. Those Lords who designed the attempt on Sterling fly to England , p. 157. Are forefaulted , p. 158. They return and come to the Borders with Assistance , p. 168. 3000 of the banished Lords enter Sterling , fall on their knees , and beg his Majesty's pardon , p. 169. Which is granted , ibid. The Lords gain great credit by their moderate behaviour , p. 170. Lorrain Cardinal , designs to promote Queen Mary to the Crown of England , by alledging Queen Elizabeth to be Illegitimate , p. 23. Causeth all Queen Mary's Silver Vessels to be engraven with the Arms of England , ibid. After the conclusion of Peace is sent Ambassadour to Spain to take that King's Oath , and to swear for his Master 's observing the same , ibid. Proposeth two Matches to the Emperour of Germany , p. 33. M MAcclean and others , chief of the Highlands is subtilly brought to Court by the Chancellour , p. 192. Are imprisoned in Edinburgh Castle ; accused of foul murther , but get off , ibid. Maitland Secretary , is confin'd to his house with others , p. 166. Opposeth the Author in Council , p. 171. Mar Earl , keeps the young Prince , and will not deliver him to Bothwel , p. 80. Is made Regent in the room of Lennox , p. 111. Goes to Edinburgh to Convene the Lords in order to an Accommodation , p. 118. In the mean time goes to Dalkieth , and shortly after dies at Sterling , ibid. Margil David , one of the Duke of Lennox his Councellors , p. 128. Marshal of Berwick besiegeth Edinburgh assisted by an English Army , and all Scotland , p. 120. Contends with the Ambassadour , p. 121. Is forced to deliver up the Prisoners in Edinburgh Castle to the Regent , being commanded by the Queen of England to do it , ibid. Which he doth with much regret , and returns to Berwick discontented , ibid. The Laird of Cleesh having before offered them good Conditions to quit the Castle , ibid. Takes the death of the Laird of Grange very much to heart , by reason of the breach of his promise , and thereupon quits his Employment of Marshal ; whose loss is much lamented , being a worthy Captain , ibid. Marshal Earl , and others , lodge within the Castle with his Majesty of Scotland , p. 136. He and others retire to their Houses , p. 137. Desires to supply the place of the Lord Atry as Ambassadour to Denmark , p. 178. Which is granted , ibid. But his Commission is so slender that he sends the Lord Dingual for a License to return , or a power to conclude the Match with Denmark , ibid. Which he receives , and is presently dispatcht for Scotland by the Regent and Council , and the Queen sent home with him well attended , p. 180. But are driven by Tempest upon the Coast of Norway , the winds being raised by the Witches of Denmark , and the reason why , ibid. Is not well thought of by the King upon the account of his Embasby to Denmark , occasioned by the Chancellour's misrepresentation of him to his Majesty , p. 182. Martland is made Chancellour in Scotland , p. 175. Threatned to be kill'd , p. 179. Hears of his Majesties discontent at the Queens delay of coming from Denmark , and adviseth him to sail thither in person to fetch her home , p. 181. Who goes with him privately , ibid. Being at Denmark , he deviseth many Reformations to be made at his Majesties return , p. 182. Causeth the Lord Hume , Earl Bothwel , and divers others to be imprisoned for their disobedience , during the absence of the King , ibid. Misrepresents Sir Robert Melvil , and envies him , though a great friend to his promotion , ibid. Emulation between the Council and him , who design to turn him out , p. 183. But prevents it being discovered , ibid. Great hatred between him and the Duke of Lennox , p. 198. He retires to his own House , and is accused of several Crimes , ibid. Procures again his Majesties favour , and is re-introduced at Court , p. 200. And at length reconciled to the Queen , ibid. Mary Queen of Scotland , the only Child left of King James the 5th . p. 7. Born when he lay on his death-bed , p. 7. After her Arrival in France great disputes arise about her Marriage between the two Factions in France , but is at last wedded to the Dauphin , p. 8. Proves a sorrowful Widdow after the death of her Husband , p. 30. By degrees leaves the Court upon dislike , ibid. Occasion'd by the Queen-Mother's rigorous dealing with her , p. 31. Is advised to return to Scotland , and behave her self moderately , ibid. At length arrives in her own Country , p. 32. Seems to approve of the Match proposed by Cardinal Lorrain , between her and the Arch-Duke of Austria , ibid. Advertiseth the Queen of England of this proposal , desiring her advice , p. 40. Which she Answers by Mr. Randolph , ibid. and p. 41. Lays aside the thoughts of that Match , p. 43. And the Reasons why , ibid. Behaves her self very discreetly , and gains great reputation in all Countries , p. 53. Her Character , p. 54. Is much taken with the Lord Darnly , p. 56. Determines to marry him tho opposed by several Lords , ibid. And is married to him accordingly , p. 57. Is kept Prisoner by Douglas and his Party upon the murther of Rixio , p. 65. Causeth the King to advise them to withdraw the Guards they had upon her , ibid. So they went all to their home , but the Queen , King and some in their Retinue went at midnight to Dunbar , p. 66. Subscribes Remissions for the Lord Murray and his Dependers , lamenting the young King's folly , ibid. Goes to Sterling to Ly In , her time approaching , p. 67. She mislikes the King , who grows melancholick thereupon , ibid. She is much troubled at that foul fact committed in her presence , by killing her Servant Rixio to the endangering of her self , and the Child in her Womb , p. 74. Keeps her Chamber some time after the murther of her Husband Darnly , p. 78. She wonders at the reports of her marriage with Bothwel , but denies it , ibid. Is forced to marry him , the Nobility approving it , and he having first Ravished her , p. 80. Is married by Adam Bothwel after the Reformed Religion , ibid. Resigns her self to the Lord of Grange , and conveyed to Edinburgh , p. 83. where she is respected by the Nobles , but reviled by the vulgar , ibid. Writes a Letter , wherein she calls Bothwel her dear heart , promising never to forsake him , p. 84. Which being brought to the Lords by the Treachery of one of her Keepers , they sent her to be secured in Lockleven , ibid. Upon the Lord Lindsay's coming she subscribed to the Demission of the Government to the Prince , and certain Lords named as Regents , p. 85. Is conveyed from Lockleven to Hamiltoun , p. 90. After the loss of the Battle of Langside she quite loseth her courage , never thinks her self secure till she arrives in England , p. 92. Is kept Prisoner in the North parts here , p. 99. Endeavours to get her self declared second person of England , p. 152. but it proves ineffectual , ibid. Receives warning of her death from the Council the night before , p. 172. Her carriage and deportment thereupon , ibid. Takes her death patiently , and dies couragiously , p. 173. Receives divers strokes with the Ax through the Executioner's cruelty , ibid. Master of Glams is Treasurer of Scotland , p. 198. Designes to get the Office from Sir Robert Melvil , and manage the Treasury solely , ibid. Master of Gray is in great favour with the King of Scots , and why , p. 158. His Character , ibid. Is sent Ambassadour to England , and returns with great Credit and Approbation , notwithstanding he is misrepresented by the Earl of Arran , whom he begins by degrees to Eclipse , ibid. Acquaints his Majesty that Mr. Wotton , a Man of great Parts , is upon his journy from the Queen of England , and upon what account , p. 158 , & 159. Procures the Earl of Arran's liberty , p. 166. Is rewarded for it with the Abby of Dumfarmling , ibid. At which the English Ambassadour is enraged , but afterward reconciled to him , ibid. He retires to Dunkel , p. 168. Is sent for again to Court , p. 169. And in as great favour as ever , ibid. Is deprived of his Benefice of Dumfarmling , p. 175. And discharged from the Court , ibid. Maurice Duke , God-son to the Landgrave of Hesse , p. 11. perswades his God-father to come to the Emperor , who retains him Captive , ibid. Is Cousin to the Duke of Saxony , and obtains the Electorate as a gift from the Emperor , p. 12. Sollicits the Emperor for the liberty of his God-father , but in vain , ibid. Lays Siege to Magdeburgh , being the Emperor's Lieutenant , ibid. A subtile man , ibid. Surpriseth the Emperor at Isburgh , compels him to fly so clearly out of Dutchland , that he never set foot in it again , p. 13. Yet he and the Emperor is after reconciled , and lay Siege to the Town of Metz , tho to no purpose , ibid. Maximilian , King of the Romans , by his Politick carriage between Protestant and Catholick obtains the Empire , p. 33. Is skill'd in several Languages , p. 34. Proves an enemy to the Match with his Brother Charles , the Arch-Duke of Austria , and the Queen of Scots , though seemingly a friend , p. 35. Melvil Sir Andrew , one of the undertakers to keep the Castle of Edinburgh , p. 120. Is Master of the Houshold to Queen Elizabeth , p. 173. After Master of the Houshold to King James , p. 180. Marries Jane Kennedy , who had been a long time in England with Queen Mary , ibid. Melvil Sir James , the Author and Brother to Sir Andrew Melvil , is sent by the Queen-Mother with the Bishop of Valence to be Page of Honour to her Daughter there Married to the Dauphin , p. 8. The kindness of Odocart's Daughter to him , promising him Marriage , p. 9. His pleasant Discovery of the Two Scots-mens Deceit , to whose care he was committed in their Iourney to Paris , p. 10. Is design'd to be promoted by the Bishop , but prevented and by what means , p. 14. Is entertain'd in the Service of the Constable of France , by the consent of the Bishop of Valence , p. 15. Is Commissionated by the French King , and afterward by the Constable to go into Scotland , and the purport of his Commission , p. 25 , and 26. Endeavours to be inform'd of the Prior of St. Andrews intentions , who declares his mind to him at large , p. 27. In his return to France meets with an English Mathematician , and the Discourse between them , p. 27 , and 28. Gets licence of the Queen of France to Travel , the reason thereof , he takes his leave , p. 29. Is recommended to the Elector Palatine by the Constable his Master , and entertain'd as one of his Servants , ibid. And is thereupon sent by the Elector to Condole the death of Francis the 2d French King , ibid. Receives great Favour from the King of Navarre and Queen Regent , dispatching him back with thanks and a gift , p. 30. Returns , visits the Queen of Scotland , Mary , in her return home at Janvile , with a comfortable Letter from Duke Casimire , p. 31. Receives thanks from the Queen for it with favourable offers when return'd from Travel , ibid. Is desired by the Duke and his Father to go into England about a Match with that Queen and the Duke , but refuseth , p. 32. And why , ibid. Receives a Letter from Scotland to inquire about the Arch-Duke of Austria , p. 33. Is sent for by Maximilian , and goes with a Letter from the Elector to him , p. 34. The passages between them , ibid. Finds the proposition of a Match with the Arch-Duke would prove ineffectual , and therefore presseth for a dispatch , which at length he obtains , p. 35. Receives a Letter from Maximilian to the Queen of Scots , ibid. Is sent by the Prince Elector to the Queen-Mother of France , with an Answer and Picture to her Propositions of a Match between her Son Charles the 9th , and Maximian's eldest Daughter , p. 36. Is introduced into her Presence by the Constable , ibid. Is profer'd very large offers of Preferment by the Queen Mother , if he would reside there , p. 38. Receives Letters from Queen Mary to return home , ibid. Parts with a Commission to the Queen of England , p. 39. Presents the Pictures of Casimire and his Relations to the Queen , ibid. Which she returns next day , p. 40. Refusing to accept of them , ibid. Writes back to his Father , and himself a disswasive from that Marriage and receives thanks , ibid. Returns into Scotland and presents the Queen with Letters from Forraign Princes , p. 43. Receives great proffers from the Queen , but refuseth them , and upon what ground , ibid. Is sent with instructions to Queen Elizabeth and her Friends to procure a Reconciliation , ibid. The instructions at large , p. the 44th , and 45th . Being Arrived at London , he next morning receives his Answer from the Queen , p. 46. Perswades her Majesty to tear the angry Letter she intended to send to Queen Mary in answer to hers , p. 47. Which she did , ibid. The private Conference between the Queen of England and Melvil , being a Character of the Two Queens full of diversion , p. 47 , 48 , and 49. Takes his leave and returns to Scotland with many Presents , p. 52. Acquaints his Queen with Queen Elizabeth's Answer , ibid. After the Queens Marriage begs leave to Travel , which she refuseth , p. 58. Upon her promises stayes and adviseth her , p. 59. Officiates as her Secretary , Lidington being absent upon some suspicion , p. 67. Rides Post to London to give an account to the Queen of the Birth of a Son in Scotland , p. 69. Has a satisfactory Audience , p. 70. Shews a Letter to her Majesty from Tho. Bishop against her Marriage with Bothwel , and is forced to fly for it , p. 79. But returns , Bothwel's rage being allayed , ibid. Is afterward taken Prisoner when Bothwel seized the Queen , p. 80. Refuseth at first to be sent Commissioner by the Lords who concluded to Crown the Prince , to the Lords Assembled at Hamiltoun , but at last accepts , p. 85. Declares their Answer at Sterling , p. 86. Is sent to meet the Lord Murray at Berwick upon his return from France , to advise him , p. 87. Is sent by another Party with contrary Instructions , ibid. Deviseth with others a remedy for his preservation and brings into a good opinion with the People , p. 102. Is sent to Berwick to the Earl of Sussex , and why , p. 105. Receives an Answer , ibid. Visits the Regent the Earl of Lennox there , p. 106. Disswades him from the Regency as dangerous , ibid. Is taken Prisoner by the Earl of Bughan , p. 111. Whom the Laird Grange would have released by force but he disapproves of it , ibid. Finds Bail to serve his Majesty and the Regent , and is discharged , p. 112. Is sent by the Regent Marr to Edinburgh to make an Accommodation between them and him , p. 117. Which they were all inclinable to , ibid. And after Marr's death by the Regent Mortoun , p. 118. Proferreth himself a Pledge that the Castle of Edinburgh should be delivered by the Laird Grange to the Regent , p. 119. Loseth the Regents favuor by telling his faults freely , p. 124. Is ordained to hold the Iustice-Eyre of West Lauthian with other persons at Edinburgh , p 1. 31. Is sent for by his Majesty , p. 133. Goes to wait upon him , though resolved to lead a contemplative life , ibid. Discourseth with his Majesty about the State of all Countries . p. 134. Prevails with the Bishop of St. Andrews to entertain his Majesty in the Castle , p. 135. Adviseth him to go into the Castle for his security , p. 136. Is acknowledged by his Majesty to be the sole Procurer of his liberty , p. 137. His Council is much depended upon by the King , p. 138. Is made one of his Council , ibid. Opposeth the Earl of Arran's new invented Proclamation in the Council-House , p. 139. Is made Gentleman of his Chamber , and a Member of the Privy-Council , p. 142. Is writ to by his Majesty to attend him , and obeys , p. 143. Takes a long Letter with him to put him in mind of his Promises , the Contents thereof , p. 143 , 144 , 145 , and 146. Arrives at Sterling and disswades his Majesty from sending Ambassadors to England for that present , p. 146. Which his Majesty condescends to and he retires , ibid. Is sent for again to conduct Secretary Walsingham to his Audience , p. 147. Is appointed with four more to endeavour the understanding his intentions , p. 147 , and 148. Refuseth the Office of Secretary offered him , p. 149. Is deprived of all employment by the Earl of Arran's means , though contrary to his Majesties promise , p. 150. Yet is ordered to prepare for an Embassy to England , and Pens the Speech he intends to pronounce to the Queen , ibid. The Contents , p. 150 , 151 , and 152. A large Conference is held between King James and him about his Affairs , p. 153 , and 154. Is left by his Majesties manager . p. 154. He entertains a smart discourse with the Earl of Arran , p. 155 , Is resolv'd upon that account to attend no longer then the end of the Convention , ibid. Is sent for by his Majesty , and graciously receiv'd , p. 157. Conducts Davison the English Agent to his Audience at Falkland , ibid. Adviseth his Majesty that Davison endeavours the disturbance of that Kingdom , p. 158. Is sent for to entertain Mr. Wotton , p. 159. Gives an account of his carriage and designs in France at the age of 21 , p , 159 , 160 , and 161. Gives his Majesty caution to be wary of him , but is not taken notice of , p. 161. Is appointed with Two more to entertain the three Danish Ambassadors , p. 162. Pacifies the first of the 3 with discourse for Indignities offered them , p. 163 , and 164. Gives an account of the King of Denmark's Genealogy , p. 165. Which undeceives the King of Scotland and satisfies him , ibid. Goes on Board of the Ambassadors from Denmark , being upon their departure , with Presents , p. 167. Takes leave of them , rewards the Officers , declaring the particulars to his Majesty , ibid. Shifts off his going Ambassador to Denmark , ibid. Is sent for to Court , p. 168. Is sent upon a framed Errand to Dunkel and his Commission , p , 168 , and 169. At his return forewarns his Majesty of what would follow the Earl of Arran's rash proceedings , p. 170. Is for an Act of Oblivion and restoring the Banished Lords , but Opposed , p. 171. Is sent for to go to England to confirm the League with Queen Elizabeth , p. 173. But endeavours to avoid it , ibid. Is discharged of that Embassy , p. 174. And design'd Ambassador to Spain , p. 175. but has no desire for that Voyage , ibid. Is nominated to go to Denmark , which he likewise declines , p. 176. Is desired by Du Bartas the French Poet to go with a Commission to the King of Navarre , p. 177. But refuseth it , ibid. Seeing no preparations for his dispatch to Denmark , he obtains licence and prepares himself for the next Order , p. 179. Is sent for by his Majesty at his landing in Scotland , p. 182. Is Commanded to attend the Earl of Worcester Ambassador from England , sent to Congratulate both their Majesties at their Arrival , ibid. Is acquainted with his Majesties proceedings in his Voyage , p. 182 , and 183. He and Sir Robert Melvil set down some Rules for the management of his Affairs by his order , from p. 185 , to p. 192. Is sent for to Falkland and acquaint him that he is design'd to wait upon the young Queen , p. 193. Which he did several years , p. 194. He and his Brother Sir Robert advertised his Majesty of a design against him by Bothwel and his Complices , p. 197. Which was slighted , ibid. Is one of the Privy Council and Gentleman of her Majesties Chamber , p. 198. Is appointed with others , to entertain Ambassadors from Forraign Parts upon the British of Prince Henry , p. 203. Is also appointed to attend the Two Ambassadors from Denmark about the performance of the Contract of Marriage , p. 204. Melvil Sir Robert , is sent Ambassador in Ordinary into England by Queen Mary , p. 63. And upon what account , ibid. Is taken Prisoner with others after the Surrender of Edinburgh Castle , p. 121. Is made one of the King's Council , p. 138. Gets intelligence of the English Ambassadors designs against King James , p. 167. Acquaints his Majesty therewith , ibid. Offers by Combat to justifie it , p. 168. But is prevented by his Majesty , ibid. Is sent Ambassadour with another to treat about the Accusation of the Queen of Scots , p. 173. Speaks boldly , and had been detained Prisoner but for the interest of the Master of Gray in England , ibid. Is left Vice-Chancellor of Scotland , during his Majesties absence at Denmark , p. 181. Though calumniated and threatned to be imprisoned , and have his Office taken through the Chancellour's means , p. 183. Gives his Majesty notice of Bothwel's design against him , p. 197. Is made Deputy-Treasurer , p. 198. Is threatned with death by the Captain of the Guards , p. 199. But the Queen stood his Friend , ibid. Sends his Servant to acquaint the King with Bothwel's Conspiracy against him in Falkland , for which he is derided , p. 202. Sir Robert is sent Ambassadour to England from King James , p. 204. Mortoun Earl , is challenged to fight by Lord Herreis upon the account , of the King's death , p. 100. Appoints 4 men to kill Grange at the entrance of the Regent's Lodgings , without the Regent's privity , p. 101. Has a great Faction in the Country , though disappointed of the Regency , p. 116. But is made Regent after the decease of the Earl of Mar by the assistance of England , p. 118. Promiseth to the Agreement with the Lords of the Castle of Edinburgh , but steers another course , p. 120. Anticipates the Marshal of Berwick , and gets an Answer from the Queen of England to have the Prisoners taken at Edinburgh Castle , and a Commission for their Execution , before he could send , p. 121. Triumphs a while , being with great Assistance from England , p. 123. His whole study is to gain riches from England and Scotland , p. 123. Of which England too late repented , ibid. Holds the Country in a more setled Estate then it had been in for many years , p. 124. Grows proud , despiseth the Nobility ; commits several wrongs , and prosecutes several Lords , ibid. exposeth the Earl of Orkny to great hardship , p. 126. Yields easily to his deposition from the Regency , retiring to Lockleven , ibid. But by his designs gets in again to be Master of the Court , ibid. Is Accused by James Stuart of the late King's Murther , p. 127. Is condemned at the Assize for it , 128. And dies resolutely , ibid. Murray Earl , takes part with Bothwel , p. 201. And is kill'd at his own House . Murray Lord , and Bedford meet at Berwick about the marriage of Queen Mary with Leicester , p. 53. With slenderer offers then expected from him , ibid. Murray being one of the banished Lords is sent for from Newcastle , and re-entertain'd by the Queen , p. 65. Retires from Court , p. 78. Obtains leave to go to France before the Queen married Bothwel , p. 80. Is appointed by the Queen first Regent of the young Prince , p. 85. Whereupon he is sent for from France by the Lords , ibid. Accepts the Regency of the Prince , after a Refusal , p. 87. Enters at first sight upon such injurious Reproaches of her Majesty , as were like to break her heart , ibid. Takes the Forts and Castles into his hands , p. 90. Clears the Borders of Thieves , and holds Iustice in Evre , ibid. Goes to England , accompanied with many Lords , to accuse Queen Mary , p. 93. Is privately dissuaded from it by the Duke of Norfolk , p. 94 , and 95. 'T is agreed that he shall by no means proceed in that Accusation , p. 95. Breaks his word with the Duke , and comes from the Council-House with Tears in his Eyes , p. 97. Is despised by the Queen of England for his intention to Accuse her , detested by the Duke , reproached by his Friends , living at Kingston penyless and unregarded , p. 97. Is reconciled to the Duke , p. 98. Has 2000 l. of the Queen , for which the Duke becomes surety , and afterward paid it , 99. Takes leave of the Queen , but discovers again all that ever past between the Duke and himself , p. 99. Promising to send the Queen those Letters he should receive in Scotland from him , ibid. Sends for Secretary Lidingtoun , as being of Council with the Duke of Norfolk , resolving to accuse him , and writes for him to come to make a dispatch for England , p. 100. Being come is Accused before the Privy Council of the late King's Murder , and Imprisoned , ib. Is misled , though well inclined , by vain pretences to his own and the ruine of others , p. 102. Gives ear to flatterers , ibid. Dissembles with Grange and Lidingtoun , ibid. His Character , p. 103. Is shot by Hamiltoun , and dies the same night , ibid. N NOrfolk Duke , sent with an Army out of England to help the Congregationists , p. 29. He and several other Councellors sent down to York to hear the Regent's Accusation of his Queen , and be Iudges thereof , p. 94. Privately dissuades the Regent from Accusing the Queen for the King her Son's sake , p. 95. Is the greatest Subject in Europe , not being a free-born Prince , p. 96. Ruling the Queen and all , ibid. His purposes discovered to the Queen , whereby the Regent lost the Duke's favour , yet speaks boldly to her Majesty , p. 98. Is prevailed with to enter into friendship again with the Regent , upon promise of his future secresie , ibid. Acquaints the Regent with his resolution to marry the Queen of Scots , and that he had a Daughter fitter for the King then any other , p. 98 , and 99. Becomes Security for 2000 l. which Murray the Regent of Scotland received from the Queen of England , which he after paid , p. 99. Is sent for by the Queen to come to Court ( being again deceived by the Regent then in Scotland ) applies himself to Secretary Cecil , who told him there was no danger , so that he rode with his Train only , ibid. Is seized by the Treachery of Cecil , and after a tedious Captivity , dies of the Reformed Religion , p. 100. Normand Lesly , gains great honour in the Wars , between Henry the Second of France , and the Emperour , p. 17. O OChiltrie Lord , and divers others , in revenge of the death of the Earl of Murray , takes part with Earl Bothwel , p. 201. Adviseth him to Seize on his Majesty in his Palace at Falkland , ibid. Octavians in Scotland , who , and why so called , p. 191. Octavio Duke , Son-in-law to the Emperour Charles the Fifth , is left to the Pope's discretion , and why , p. 11. P PArliament Proclaimed at Lithgow for the restitution of the banished Lords , p. 170. Parma Duke , Governour of Flanders , wins the hearts of his Soldiers , and Enemies , by his prudent behaviour , p. 166. Is suspected by the Spanish King to have a design on Flanders , which caused him to deny the Spaniard Victuals , Ships , and landing in his Territories , ibid. Paul the Fourth , Pope , breaks off the five years Truce between the French King and the Emperour , p. 19. Peace concluded between Scotland and England , and upon what Terms , p. 30. Pool Cardinal , appointed to be Mediator between the Two Princes , p. 16. Prelates of Scotland endeavour to win King James by large proffers and perswasions to their Opinion , p. 4. They exasperate his Majesty against the Treasurer by their insinuations , p. 5. But he gets well off , ibid. Prior of St. Andrews , the Lord James , Natural Son to James the Fifth , King of Scotland , p. 25. Afterwards Earl of Murray , p. 32. Prior of Pittenweem , a great debaucher of Women and Maidens , p. 5. Protestants grown very numerous in Scotland , p. 24. Q QUeen Mother of France is glad at the death of Francis the Second her Son , he being wholly ruled by the Duke of Guise , and the Cardinal his Brother , p. 29. Whereupon she dischargeth the King of Navarre and Prince of Conde , who had a Scaffold erected for their Execution , ibid. Is made Regent by the Three Estates , during the minority of Charles the Ninth , p. 30. Seems inclinable to the Protestant Religion , intending to joyn with the Protestant Princes , ibid. Makes a Peace after the battle of Drues , p. 36. Queen Regent of Scotland receives the Government from Hamiltoun , p. 24. Issues out a severe Proclamation against Protestants , ibid. Is disturbed at the discourse of the Prior of St. Andrew's and others , and resolves to persecute the more , p. 25. Sends to France about the disorders in her Country for help , ibid. She , during the Controversie with the Congregation , retires with Monsieur Dosel and other French-men to Lieth , which is fortified expecting French supplies , p. 29. But being indisposed , retires to the Castle of Edinburgh , atd dies with regret that she followed the advice of her French friends , ibid. Queen of Scotland married to King James from Denmark , is Crowned , p. 184. Shews Melvil no great countenance at first , p. 194. But at length seems well satisfied with his Service , ibid. Is offended with the Chancellour for delaying her Marriage with the King of Scots , p. 198. Usually speaks in favour of those Officers that are misrepresented to the King , p. 199. Is offended with the Chancellour , but reconciled , p. 200. Gives the English , Danish , and Dutch Ambassadours Audience , p. 204. St. Quintin , and several other Towns lost by the French to the Spaniard , p. 22. R RAndolph , Thomas , Queen Elizabeth's Agent in Scotland , p. 40. Denies the Queen of England made any promises to those who would oppose the Marriage of the Queen of Scots , p. 60. Is sent with the Earl of Lennox Ambassadour unto Scotland to set him forward with his power , p. 107. Is a double dealer , and Sower of Sedition , ibid. Glories that he had kindled such a fire in Scotland as would not easily be extinguished , p. 109. Designs to have Mortoun Regent in the lieu of Lennox , but failed , p. 115. Returns home , and why , ibid. Is sent again Ambassadour to Scotland , p. 127. Hears that the Author was designed to be sent Ambassador into England and opposeth it , proposing other persons in that juncture of time , p. 173. Rixio David , a mean fellow , who came to Scotland with the Ambassador of Savoy , is made Secretary to the Queen of Scots , p. 54. A Musician perswaded to sing with others , the occasion of his promotion , ibid. Is suspected to be Pensioner and Favourite to the Pope , p. 55. Is kill'd in the Queens Presence to her great regret , she being with Child , by consent of the King , p. 64. Russel Sir Francis , Warden of the English Borders , p. 166. Is kill'd at a meeting between the two Wardens , ib. Ruxbie sent to sift what he could get out of Mary Queen of Scots , as to her right to the Crown of England , p. 68. Which he is to send to Mr. Secretary Cecil , p. 68. Addresseth himself to the Scots Queen , ibid. Writes to Cecil in her prejudice , p. 69. Is promised a reward but his intrigues are discovered and he secured , ibid. S SEatoun Comptroller to King James of Scotland , p. 198. Segie Lord , made one of the Kings Council , p. 138. Chosen to accompany Melvil in the entertainment of the Danish Ambassador , p. 162. Senarpon Monsieur , Lieutenant in Normandy for the French King , p. 160. Shaw William , Master of Wark , is chosen to accompany Melvil in his entertainment of the Danish Ambassadors with the Lord of Segie , p. 162. Skeen a Lawyer , chosen to go to Denmark with the Author , p. 178. Sinclare Oliver , promised by the Clergy to be made Lieutenant of the Army against England , if King Henry the 8th should War against Scotland , p. 4. Is proclaimed Lieutenant over the whole Army , yet the Lords disdaining so mean a person would not fight under him , but suffered themselves to be taken Prisoners , p. 6. Simson Amy , a Midwife and Witch , p. 194 Is burnt with others , p. 195. Smith is made Secretary to Queen Elizabeth , p. 157. Sommer , Secretary to the English Ambassador in France , p. 160. Spanish Navy is rumour'd to be bound for England , Scotland , and Ireland , p. 175. Is three years preparing , ibid. The Commanders knew nothing of the Design but what they understood by the opening of their instructions at every Landing place , p. 175 , and 176. A violent storm of Wind dissipates the whole Navy , and many of their Vessels suffer'd Shipwrack , ibid. Spiny Lord , and the Master of Glams at variance , p. 198. Spiny is in great favour with his Majesty , ibid. For which he is envied and accused as a dealer with Bothwel , for which he is displaced and imprisoned , ibid. But escapes out of a Window in Dalkieth by the help of a Danish Gentlewoman whom he afterward married , ibid. Is in disfavour with the King , p. 199. Spinze Lord , is Gentleman of the Chamber to King James , p. 198. Stuart Colonel , is sent to St. Andrews with Mr. John Colvil , p. 133. Is made Captain of King James his Guards , p. 137. Writes to the Author to repair to Court , p. 156. Is one of the Kings Council , p. 138. Rides to overthrow the Banished Lords at their entry upon the Borders , p. 168. But his design is frustrated , ibid. Is committed to the care of the Lord Maxwel , being in danger for espousing too violently the Earl of Arran's Interest , p. 170. Obtains leave to go to Denmark about his own Affairs being that Kings Pensioner , p. 171. Has a Commission to treat about the Marriage of King James with the Eldest Daughter of the King of Denmark , ibid. Goes to Denmark several times at his own charge to complete his Masters Marriage with the King of Denmark's Daughter , p. 177. Stuart James , Son to the Lord Oghiltrie a Favourite in Scotland , p. 126. Perswades the King to a Progress , p. 127. Accuses the Earl of Mortoun of the late Kings Murther , ibid. Takes upon himself the Title of Earl of Arran , p. 128. Marries the Earl of March his Relict , ibid. Casts off his true friends , p. 129. His Character , p. 131. Is kept Prisoner by the Lords in the Custody of the Earl of Gaury , p. 133. Obtains the favour of being confin'd to his own House at Kinneal , p. 137. adviseth the King , but is opposed by Gaury , ibid. Gets access to Court , and stays there contrary to promise , ibid. Is reconciled to Colonel Stuart by the Authors means , p. 139. He and Melvil the Author clash in Council , p. 139. His insolent carriage , p. 142. He and Gaury are reconciled by his Majesty , ibid. He and his Wife ruling all , perswades his Majesty to go to Sterling , p. 143. He is Captain of the Castle and Provost of the Town , ibid. Adviseth his Majesty to send the Author Ambassador to Queen Elizabeth , intending thereby to ensnare him , ibid. Desires a familiar Conference with Secretary Walsingham , who refuseth it , p. 148. At which being incensed he puts several Indignities upon him , ibid. Endeavours to be made Chancellor and Captain of the Castle of Edinburgh , p. 152. Useth his Craft to pervert the effect of the Convention , ibid. Retires discontented to the Castles of Edinburgh and Sterling , p. 155. His unworthy Carriage with many other particulars , ibid. Seizeth on Gaury's Lands , and divideth them among several others , upon condition they would assist him in the ruin of the said Gaury , p. 156. Confers with the Earl of Hunsdon , on the Borders , and Plots with him secretly , p. 158. Grants all that is desired at the Conference with the Earl of Hunsdon to procure Queen Elizabeth's friendship , p. 161. Is not courted by the Danish Ambassadors , p. 163. Whereupon he becomes their Enemy , ibid. Is in disfavour at Court , p. 166. Imprisoned in St. Andrews Castle , ibid. Sends his Brother to the Master of Gray , promising a reward to procure his liberty , p. 166. Which he soon did , ibid. Is ordered to retire to his House , ibid. Obtains liberty to return to Court , p. 168. Flies , p. 169. Comes again to Court , p. 200. Is shortly after kill'd by James Douglas , ibid. Stuart Sir William , is Captain of Dumbartoun , p. 129. Sussex Earl , is sent from England to Berwick , p. 104. Enters the Merse with his Forces and takes the Castle of Hume and 〈◊〉 , p. 106. Is sent to Scotland upon the Birth of Prince Henry from Queen Elizabeth , p. 203. T TAggot , a Scientifical Man who prognosticated the year of his own Death by Palmestry , p. 13. And dies at Geneva accordingly , p. 14. Throgmorton Sir Nicholas , Ambassador from England to France , complains to the King and Council of the Queen of Scotland's new Usurped Style and Arms , p. 23. But without success , ibid. Acquaints Queen Elizabeth with it , p. 29. Is sent Ambassador to Scotland to disswade Queen Mary from the Marriage with Darnly , p. 56. Owns , when return'd , the promises he had made to those who would stop those proceedings without fear of Queen or Council , p. 60. And comes off well , ibid. Is incensed that he was an instrument to deceive the Banished Lords , therefore adviseth them to beg their Queens Pardon , and penn's a perswasive Letter to her Majesty of Scotland , p. 60 , 61 , 62 and 63. A man of a deep reach , and great prudence , studying the Union of both Kingdoms , p. 98. Reconcileth the Duke and the Regent , ibid. Tulke Monsieur , see Broderode . U VIllamonte , a French Gentleman sent to Mary Queen of Scotland to shew no favour to the Protestant Banished Lords , p. 63. A De vice of Cardinal Lorrains , larely return'd from the Council of Trent , ibid. W WAchop , Patriarch of Ireland , p. 9. Went several times to Rome by Post tho blind , ibid. Walsingham Sir Francis , is sent to Scotland , p. 147. His Character , ibid. Is conveyed by the Author to St. Johnstoun , ibid. Refuseth to discourse with any person about his Embassy , but his Majesty , p. 148. Is much troubled at the Earl of Arran's Court favour , ibid. Returns to England and dies , ibid. William Bishop of Ely and Dr. Wotton sent Commissioners for Queen Mary in the Treaty of Peace at Cambray between France and Spain , p. 22. Wood John , Secretary to Murray the Regent of Scotland , p. 95. Is desired to press forward the Accusation of the Queen of Scotland , p. 96. Produceth the Accusation of Queen Mary , upon the desire of Cecil , who delivered it upon conditions , p. 96 , and 97. Which was snatcht from him by the bishop of Orkny , who gave it in to the Council , p. 97. Procures all the Letters sent from the Duke of Norfolk to his Master , which might tend to his ruin , p. 99. Is well rewarded for his pains , ibid. Worcester Earl , is sent Ambassador from England to congratulate both their Majesties of Scotland , p. 182. Norminstoun , kill'd at the seisure of the Lords at Sterling , p. 114. Witches taken in Lauthian who depose against the Earl Bothwel , p. 194. They discourse with the Devil , his form and shape described , and are burnt , ibid. Wotton Mr. sent by Queen Elizabeth to King James as Ambassador , p , 158. His parts and qualifications , p. 159. His carriage in France , when very young , p. 159 , 160 , and 161. Brothers Son to Dr. Wotton Ambassador from England to Spain , p. 161. Fifty years old when he came into Scotland , ibid. Becomes one of his Majesties Favourites , tho he did more prejudice to his Majesty , as to his affairs , then any Englishman that arrived there before him , ibid. Is sent thither to use all his wiles to disturb the two Kings ( namely of Denmark and Scotland ) and their Countries , p. 161 , and 162. Visits the Danish Ambassadors making large profers to lend them Gold and Silver , p. 162. But secretly incenseth them with the Kings mean Opinion of their Master , ibid. Acquaints them that King James designed to affront them with delays , p. 163. Notwithstanding his double dealing with the King , he gains his Majesties Ear , p. 164. Makes a complaint to the King of the killing of Sir Francis Russel on the Borders , p. 166. Which occasioned the Earl of Arran's Imprisonment , ibid. Obtains with the assistance of his Scotch friends , the chief management of King James's Affairs , p. 167. His designs against the King defeated , ibid. Flies to England without taking leave of his Majesty , p. 168. Perswades the Noblemen of that Nation , who were banished into England , to return to their Native Country , ibid. His dangerous and circumventing Practices , p. 171. Wotton Doctor , Ambassador from Mary the Queen of England , who was Resident there , when she was married to Philip King of Spain , p. 159. Y YOung Peter , King James's Almoner , sent Ambassadour to Denmark , p. 167. His Commission , ibid. Returns with a friendly Answer , p. 171. Being very well contented mith all Transactions there , and as well rewarded , p. 176. Is sent again to Denmark with the Laird of Barnbarrow in Commission , ibid. Returns , his Commission being lookt upon by the King of Denmark as insufficient , 177. Sent a third time with an Embassy to the Danish King , and the Dukes of Mecklenburgh and Brunswick , upon the birth of Prince Henry , p. 203. Returns with the reward of three fair Chains , ibid. Yungland Laird , the Author's Brother undertakes the Embassie to the King and Princess of Navarre , 177. Is well treated and rewarded , ibid. A Scholar and Linguist , p. 178. A N Alphabetical Interpretation OF ALL THE Scotish WORDS and PHRASES Contained in this HISTORY . A Aback , to hold or keep back . Accession , Condescention . Alwise , although . Anent , about , concerning , as thereanent , concerning the same . Assize , a Suit or Trial. Ay , still or ever . B Banded , joyned together , combining , Best , as the next best way or course . Bond of Alliance , a League or Truce . Brangled , Turmoiled , Involv'd in Trouble . Burroughs , Burghers or Burgesses . By-gones , all that is past . C Caution or Cautioner , Bail or Surety . Clan , a Tribe or Family . Compear , Appear . Comported , Patiently , bore Patiently . Compts , Accompts . Conform , Agreeable or Suitable to . Conquer , Credit , to gain Credit . Convoyance , Conveyance . Counselable , one that is or will be Advised . D Decourted , discharged from the Court. Demission , laying down , or transferring to another . Devilry , Devilishness or Devilish Tricks . Devotious , addicted to , very favourable to . Ditty , Doom or Damage . Down-casting , pulling down , or demolishing Houses . Dunting , the stunning of Hammers , &c. E Effectuate , effected or done . Emit , send forth . Evangel , the Gospel . Evite , Avoid . F Factioners , People of a Faction . Fashion , as done for the fashion , that is , done as usual and customary . Forefault , to find guilty in the absence of a person . Forth-setting , Advancement , Promotion . Fraudful , Fraudulent , Deceitful . G Gain-stand , Withstand . H Hand-writ , hand-writing . Home-going , returning home . Hostlaries , Inns. I Indwellers , Inhabitants . Insestments , Inheritance , Estate or Tenure . Ingeny , Ingenuity or Wit. Justice Eyrs , Iustice Itinerant . L Leave-taking , bidding farewel . Leesings , Lyes or Lying Tricks . Liberate , free , at liberty . Logh , a watry sloughy place . Longsom , Tedious . M Manyest , the major part , the most . Miscontent , Discontent . Misconstructed , Mis-interpreted . Misgave , miscarried . Missives , Letters . Mostly , for the most part . Moyen , Means or Course . N Noticed , Manifested . O Octavians , Eight Lords appointed to govern Scotland . Onwaiter , an Attendant . Oultmost last or utmost . Outgate , a Way or Means . Out-taking , freeing from Prison . P Practised , dealt or laboured with to be brought over to a Party . Perilled , Endangered . Perturbed disturbed . Prejudged , Forejudged . Procedure , Proceedings . To Process , to Sue . Proponed , Proposed . R Refuse , as he caused refuse , i. e. he made them deny it . Regrated , regretted , inwardly lamented or grieved for . Righteous Heir , True Heir . S Salutary , wholesom , healthful , healing . Skittering , skittish , sinical , silly . Signatures , written Instruments to be signed . Steadable , firm , that will stand one in stead , available . Stormsted , driven by Tempest into a Port or Harbour . To Suit , to beg or request . T Time-coming , for the future or time to come . Timously , in good or due time . Tolerance , Toleration , Permission . V Vengeable , Revengeful . Volt , as a merry volt , a merry pleasant countenance . Unfriends , Enemies . Unwonable , not to be won or courted to side with a Party . Uptaking , composing , or taking up a business or difference . W Ward or Warding , Imprisonment . Wel of Affairs , the Good or Promotion of business . While by-gone , a long or considerable time since or past . Whingar , a Scottish Sword , commonly called Whinyard . Wrongously , injuriously or wrongfully . A Catalogue of some Books Printed for , and to be Sold by Robert Boulter at the Turk's-Head in Corn-hill , 1683. Folio . BIshop Reynolds's Works . Calderwood's History of the Reformation of the Church of Scotland , from 1560 to 1625. Rushworth's Collections , First Vol. — His Second Volume . Pharmacopoea Londinensis . Sturmy's Magazine . Curia Politiae — Rea's Flora. Quarto . Durham on the Revelations . Baxter's Saints Rest. Owen of Justification . Origen contra Marchionet . Charles the Eighth , A Play. Lesley Historia Scotorum . Man of Sin. Lightfoot on Lucan . Dr. Charleton's Anatom . Lectures . Flavel's Husbandry . Boys's Sermons . Pryun's Power of Parliaments . Burnet's Thesaurus . Behin's Remains . Manley of Usury . Brown against Quakers . Seamans Calendar . Mariners Calendar . Seamans Practise . Norwood's Trigonometria . Large Octavo . Pool's Nullity . Wilson's Scriptures . Durham of Scandal . Dr. Trapham's Treatise of Jamaica . Cloud of Witnesses . Rutherford's Examen . Sclater of Grace . Bayfield De Capitis . Danvers of Baptism . Flavel's Two Treatises . — His Preparation for Sufferings . Small Octavo . Wars of Hungary . History of Jewels . Moral Gallantry . Flavel's Saint Indeed . — Token for Mourners . Roma Restituta . Curious Distillatory . History of Japan and Siam . Looking-Glass for Children . Hugh's Disputations . Religio Stoici . Petton on the Covenant . Queens Wells . Moreland of Interest . Miltoni Logica . Grey of Faith. Sydenham's Works . Rushworth's Solomons Remembrance Gale's Idea . Binning's Miscellanies . Kirkwood's Grammatica . Norwood's Epitomy . Gellibrand's Epitomy . FINIS . 
A72190	----	The character of a true subiect, or The loyall fidelity of the thrice honourable lord, the Lord Marquesse Huntley expressed in this his speech in the time of his imprisonment, by the Covenanters of Scotland, anno 1640. Together with the fruitlesse hopes of rebellious insurrections, and warres taken in hand, against God his lawes, and their Princes prudent government. Huntly, George Gordon, Marquess of, d. 1649. This text is an enriched version of the TCP digital transcription A72190 of text S125233 in the English Short Title Catalog (STC 12052.5). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A72190 STC 12052.5 ESTC S125233 99898485 99898485 173410 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A72190) Transcribed from: (Early English Books Online ; image set 173410) Images scanned from microfilm: (Early English books, 1475-1640 ; 2041:11) The character of a true subiect, or The loyall fidelity of the thrice honourable lord, the Lord Marquesse Huntley expressed in this his speech in the time of his imprisonment, by the Covenanters of Scotland, anno 1640. Together with the fruitlesse hopes of rebellious insurrections, and warres taken in hand, against God his lawes, and their Princes prudent government. Huntly, George Gordon, Marquess of, d. 1649. 1 sheet ([1] p.) printed by E. G[riffin]. and are to be sold [by T. Lambert] at the Horse-shooe in Smithfield, London : 1640. Printer and publisher's names from STC. Steele notation: seeme periurie: may. Reproduction of original in the Bodleian Library, Oxford, England. eng Huntly, George Gordon, -- Marquess of, d. 1649 -- Early works to 1800. Covenanters -- Scotland -- Early works to 1800. Scotland -- Church history -- 17th century -- Early works to 1800. A72190 S125233 (STC 12052.5). civilwar no The character of a true subiect, or The loyall fidelity of the thrice honourable lord, the Lord Marquesse Huntley, expressed in this his spe Huntly, George Gordon, Marquess of 1640 893 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-08 TCP Assigned for keying and markup 2008-10 SPi Global Keyed and coded from ProQuest page images 2008-11 John Pas Sampled and proofread 2008-11 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENCE flower surmounted by a crown thistle surmounted by a crown fleur-de-lys surmounted by a crown harp surmounted by a crown The Character of a True Subiect , OR The Loyall Fidelity of the thrice honourable Lord , the Lord Marquesse Huntley , expressed in this his speech in the time of his imprisonment , by the Covenanters of Scotland , Anno 1640. Together with the fruitlesse hopes of rebellious insurrections , and warres taken in hand , against God his Lawes , and their Princes Prudent Government . I Stand before you a prisoner , accused of Loyalty ; For who can charge me of any other crime ? you seeme to doe me some great favour , when you leave it to my free election , whether I will be so or not : is any so in love with fetters , but that he would change them for freedome , ( were the conditions equall ) ? true it is , Liberty is offered : but like Merchants you value it at such a rate , that my fidelity , honour , and all that is deare to a noble mind , must be the price to purchase it . If I refuse what you propound , rack , torture , losse of goods , lands , and perhaps life it selfe : ( a hard choyce ) it is in my power to bee a free man : but how ? if I will be a slave , enter into covenant , and take an oath which in it selfe is plaine periurie : as if treason were nothing , unlesse I made it Sacramentall . I have already given my Faith unto my Prince , upon whose head this Crowne is by law of Nature and Nations justly fallen . Shall I falsifie that Faith , and joyne my wicked hands with yours to put it off againe ? ( Heaven forbid ) : what but Religion , Liberty and Glorious Shewes are pretended ? dare not all Rebels cloake their purposes with such goodly titles ? They are much deceived who thinke that religion , and rebellion can be companions ; or that God will favour their attempts , that strike at himselfe through the princes sides . In that very word King , there is such a Deity enclosed , that who wounds them , wounds the divine Nature . Why doe you then so rashly draw the sword under so holie a vaile ? was religion ever built on bloud ? did the primitive Christians ever propagate the Gospell with other then their owne blood ? which they at all times shed , not onely to God ; but to their owne princes although pagans , but never against them . As the Devill was the first Rebell , so Iudas was the onely traitor among the Apostles : and shall wee ranke our selves with those hated examples of disloyaltie and treacherie ? But were our case good , and we able to contend with the forces of England : when have we fought with them , but we have beene beaten ? even then , when their dominions and strength were lesse , by all that Ireland and Wales have added to their power : and then , when they did labour , both with forraigne , and their owne civill distractions , their title no better then the sword : yet we found it a hard taske to keepe our Kings in their seates , whose royall off-spring wee doe endeavour to tumble out . We have no France to flee unto for succour , our ancient league is worne out , theirs wholly Simented , by strong tie of marriage . To depend upon any other forraigne assistances , were to build Castles in the ayre . And besides that , Traitors are distastefull to all Kings : our persons cause , is not more odious then our religion . It is easie to begin , but let us see what will be the event of such ill grounded warre . I foressee with horror the miseries that attend it : as firing of houses , wasting of goods , famine , ruine of townes and citties , and the unjust libertie usurped , lost in an instant and for ever ; Wife , Children and Bloud , man by nature holds most deare ; if we pittie not our selves , yet let us not forget them wee hold most deare : Kings have strong hands to put a bit in the most stubborne ; if you cannot relish gentle subjection , how will you digest slavery ? Put not backe therefore this blessed arme that stretcheth out to receive us ; when all is wildernesse , we shall then begge what now we refuse . For my part , I am in your powers , and know not how this free speech of a prisoner will be taken . Howsoever you dispose of me , I will never distaine my Ancestors , nor leave that foule title of Traitor , as an inheritance to my posterity : you may when you please take my head from my shoulders ; but not my heart from my Soveraigne . London Printed by E. G. and are to be sold at the Horse-shooe in Smithfield , 1640. 
A65265	----	Historicall collections of ecclesiastick affairs in Scotland and politick related to them including the murder of the Cardinal of St. Andrews and the beheading of their Queen Mary in England / by Ri. Watson. Watson, Richard, 1612-1685. This text is an enriched version of the TCP digital transcription A65265 of text R27056 in the English Short Title Catalog (Wing W1091). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 277 KB of XML-encoded text transcribed from 116 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A65265 Wing W1091 ESTC R27056 09626751 ocm 09626751 43862 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65265) Transcribed from: (Early English Books Online ; image set 43862) Images scanned from microfilm: (Early English books, 1641-1700 ; 1345:18) Historicall collections of ecclesiastick affairs in Scotland and politick related to them including the murder of the Cardinal of St. Andrews and the beheading of their Queen Mary in England / by Ri. Watson. Watson, Richard, 1612-1685. [11], 210, [2] p. Printed by G.D. for John Garfield, London : 1657. Reproduction of original in the Union Theological Seminary Library, New York. eng Mary, -- Queen of Scots, 1542-1587. Scotland -- History -- 16th century. Scotland -- Church history -- 16th century. A65265 R27056 (Wing W1091). civilwar no Historicall collections of ecclesiastick affairs in Scotland and politick related to them, including the murder of the Cardinal of St. Andre Watson, Richard 1657 45803 512 10 0 0 0 0 114 F The rate of 114 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2003-12 TCP Assigned for keying and markup 2004-02 SPi Global Keyed and coded from ProQuest page images 2004-04 Olivia Bottum Sampled and proofread 2004-04 Olivia Bottum Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion HISTORICALL COLLECTIONS OF ECCLESIASTICK AFFAIRS IN SCOTLAND And Politick related to them , Including the Murder of the Cardinal of St. Andrews , And the Beheading of their Queen Mary in England . By Ri. Watson . Sanguis sanguinem tetigit . Hosea Chap. 4. ver. 2 By swearing , and lying , and killing , and stealing , and commiting adultery they break out , And bloud toucheth bloud . London , Printed by G. D. for Iohn Garfield , and are to be sold at his Shop at the sign of the Rolling-Presse for Pictures , near the Royal Exchange in Corn-hill , over against Popes-head-alley . 1657. TO The Right Reverend FATHER in GOD , And Religious Assertour of Christs Catholick Church , JOHN LORD Bishop of ROCHESTER . My Lord . THE certain hazard of all one hath , or is , in these uncertain times , annexed to the nicessity of a strict account , to be rendred in the porch or passage unto eternity , of the managing all affairs and offices , relating either to obligation , or restitution in this world ; puts me upon a serious review of mine own concernment , wherein , among many instances of chief regard , I find one of my great engagements unto your Lordship with the impresse or character of Holy Orders , into which I receiv'd my entrance by the imposition of your sacred hands , unto whom I take my self , in some degree of duty to stand responsable for what I act by that Commission , or write with any reflexion upon the Doctrine or Discipline of our Church . The Historical Observations , I here humbly present your Lordship with , are inseparable from that title in respect of both . the Sect of Schismaticks I describe , having , according to the Tradition I am guided by , in a phrenetick fury from the beginning , thrown the price of their estates at their false Apostles fe●t , and they with them cast souls and bodies into the fire of a raging persecution , by impious cruelties when predominant by opprob●ious calumnies when unarmed , and by civil wars , when their plough shares and pruning hooks could at any time be fashioned into swords or axes , for the cutting down not onely superfluous innovations in the habit , but the very body and existence of that Apostolick rule and worship to which pattern we pretend . I pursue them but to the period of their first domestick insolencies , drencht in the bloud of that famous Queen . Whom their best Poet , but one of Her Majesties worst subjects , once thought worth this Distich ; Quae sortem antevenis meritis , virtutibus annos , Sexum animis , morum nobilitate genus . What latter attempts they made , when they marched over their borders to reform according to the mysterious model of their new Cove ▪ nant , that whereunto their old enormous practices ought rather to have been conformed , is declar'd and historiz'd by that Royal Pen ▪ which hath Registred to their eternal infamy their cutting in sunder the common Tie● of nature , soveraignty , and bounty ; their forgetting speciall fresh obligations wherewith their active spirits had been gratified , not without some seeming diminution to , or depr●ssion of the Doners interest and honour ; their inroad with an intent to confirm the Presbyterian copy they had set , by making our Church to write after them , though it were in bloudy characters . How infatuated they were in those counsels , how by providence defeated in their most desperate wicked e●ds , the unpittied spectacle of their downfal demonstrates to all the world . Yet my Lord , this is not to raise a Trophee out of their miseries , or to trample on their dejected persons . If , by pourtrai●ing the horrid actio●s of their Ancestours , I can excite their guilty consciences to compare the copy with the original , and repent effectu●lly for the transcend●ncie of their own rebellions , I shall have great complacency in the assurance that I have outrun , or outwrit my hopes . Howsoever in what proportion I may expect credit to be given unto my care , which was not little , in the Collection , and what resignation by the impartial Reader unto the naked truth of the contents . I shall not doubt but hereby I may , in the same , confirm all pious and humble hearts in the preferring the ancient and univ●rsal successive government of the Christian Church before the new Genevatizing bloudy discipline of some heady Scots ; and perswade all moderate and quiet minded men to acknowledge one supremacy over both estates , by trusting the same hand with Christs Scepter here on earth , which himself doth with it and the civill sword . But this endeavour may seem impertinent , if not impudent , in the face or memory of that most Reverend heroick Prelate , whose greater eminency in authority , and interest in the same Country hath with much more advantage , particularly and amply satisfied the world by a grearer Volume , for the suppressing which so many subtilties and violences had been used , beside the power of a forraign Magistrate , for a surprisal of the Secretarie in his preparing it to the Presse that nothing could be a surer evidence , than such self-confessing guiltinesse , against that party , nor ought else , after the Grace and Reverence of the renowned Authour , put a greater estimate and opinion upon the Book , at least if publisht as he writ it . May it please your Lordship therefore to believe upon my word ( who am invested with the second order to make it valid ) that this Treatise was designed long since in a preparatorie antecedence unto the other , and to that purpose , with more ingenious confid●nce than worldly prudence , trusted in the same hand which was to print and reap the profit of His Grace's work , from which , after the dilatory pretences of some judgement to be made by a view to be taken of it , or rather after the Printers turn was served in dispersing the greater Copies , it was returned with this sentence , delivered by a person ( whose name I had not ) of much learning , honour , and integrity , upon perusal of it , That there was too much gall in the ink wherewith it was wrote , and supposed that an enemy was the Collector , for that through the sides of those the design is against , our own Mother is wounded . My Lord , if the name of that severe person , with a particular of his exceptions , had been sent me , I should have endeavoured his satisfaction , or if theirs could have been otherwise effected whom I serve in it , and mine own reputation preserved , who have made implicite reference to this in another Book ( a sharp reply to which I am yet to expect ) perchance I might have chosen rather to lose my pains , than give such a person scandal or confront his censure , professiing in the words of my learned Collegue heretofore , now a most singularly devout and acute Divine , in the case of like question , and appeal unto your Lordship , That I would rather dye , than either willingly give occasion or countenance to a schism in the Church of England ( I mean that Church of England which conform'd her self to the Ancient Latin and Greek Church ) and I would suffer much evil before I would displease my dear Brethren ( I adde such as keep close to their due principles ) in the service of Jesus and in the Ministeries of that Church : Wherefore my Lord , if any thing of that nature have pass'd my Pen , in the vacancie of a Synod . I submit to any Canon of retractation or penance shall be prescribed me by your Reverence , together with that joint primitive Oracle , and most worthy person , who● the Doctor took ( and I do by his wary precedent ) for the other Pillar of his Sanctuary ▪ the Lord Bishop of Sarum , whose countena●ce and favour I some years since was honoured with , more I presume for the integrity of my principles , than any meritorious pregnancie in my parts . But my Lord if some timorous or superstitious Ca●t●le in my Grave Censour , would keep me so far from Rome , as to thrust me into the precincts of Geneva , I confesse to him and all the world , that upon demonstrative reasons , I am much more affraid in Christianities behalf of the Leman Lake , than Tiber , and look with more horrour on the rebellions sprung , and reprobatory damnation denounc'd from thence , than on any encroachment upon Kings , or indulgencies unto the people , so prodigally made by , and defused from the Papal See . In fine my Lord , the glosses are not many I have upon points controverted between the Church of Rome and us ▪ if those few be so short as to render my sense suspected , I will enlarge them when call'd upon , to the full state I have made of them deliberately unto my self . For the gall in my ink , I shall say onely with your Lordships leave , I know not where more commendably or excusably , I may affect to give it a deeper black , than in the relation of their proceedings , whose souls were as red as scarlet , and the issue of all their enterprises died in bloud . I may be no lesse concerned to anticipate an after c●nsure , incident from persons of another rank I mean such of the Scotch Nobility , or related to them , whose faith and gallantry hath effaced such their ignoble progenitours impeachments in their coates , and yet may conceive their Names and Families purposely tainted by my Pen , where I make a blot in some branch of their pedigree or descent . To whom I professe I searched not their Heraldry for a distinction ▪ but as I intended no man injury or disrepute , so I preferred necessary truth to his or their vulgar honour in my design . Which being in that respect a case of Conscience , craves likewise your Lordships cognisance , though as it regards the rule of prudence , I must answer it at my hazard . For the rest , my Lord , til it appear by more than an obscure single suffering that I have infringed the canon of Christian Charity , or deviated from the doctrine and practice of the Ancient Church . I humbly crave your Lordships favourable protection of this essay , and of my name in that communion into the Ministery whereof your ordination introduced me , which no new discoveries nor discourses , in forreign parts have obliged my reason to desert , nor doth any self-conviction discourage me in my subscription as that Churches , and My Honoured Lord , Caen Aug. 27. 1657. Your Lordships most humbly obedient Son and Servant Ri. Watson . HISTORICALL Collections . IF the sacred Oracles and Records , which Christ with his Apostles , Evangelists , Disciples , delivered unto the ears , and deposited in the hands of the Primitive-Church , had been at large in every particular , preserved , and by the same authority successively transmitted , whereby that smaler volume of their writings hath been manifested to our knowledge , and commended to our belief ; the errours and abuses in Christianity had been fewer , or refomation whensoever necessary , more regular ; such a standing rule giving sudden Evidence against the least obliquities which Schism and Heresie could transgresse in ; and being a Bar against the boldness of those spirits , which , when the letter of Scripture is not ( as it never but is in the sense ) clear and powerfull to confound them , rather multiply than rectifie things amisse , upon their pretended priviledge of prophesie or revelation . The mystery of Gods providence in withholding this succour from his people , is not so much to be repin'd at , as his mercy to be magnified in administring the remainder of those helps , which is compleat to the support and satisfaction of any moderate inquirer after the general of doctrine , and particulars of discipline , the explication of the former , and enlargement of the latter being ever taken into the power of the Catholick-Church , which in its orginal purity , so studied a visible communion of Saints , that either by expresse dispensation , or indulgent connivance , many national , provincial , yea , in●eriour corporate or collegiate Congregations , had that latitude of difference , and singularity of profession or practice● , for which any proper 〈◊〉 pretence could be produced before a general Council , or in lesse matters , before their Patriarch and Bishops , vested with authority to such purpose , as wherein their content and complacency kept all devout well-meaning Christians from Schism and a scandalous separation . Others whose pride , ambition , or covetousnesse , carried them beyond the canon of moderation and peace , were severely censur'd , curs'd , excommunicated , cut off from Christs body , which like rotten members they might otherwise have corrupted and gangrand , having no re-admission or re-union to that holy , sound continuity , without serious and open repentance , humble submission to the high authority of the Church , which if they persisted obstinately to contemn or neglect , the power of truth subdued their doctrines , the storm of Gods wrath dispersed their conventicles , the sword of his vengeance executed their persons in some exemplary temporal death , if it pursued them not to eternal damnation . How far the visible Church , whether Romane or Greek , made at any time a general defection from her self , in a manifest detortion of , or declention and deviation from her own canon , is neither my design nor duty ( in reference to my present undertaking ) to search , no more than to condemn or vindicate particular Churches in their separate condition . The Sum of what I intend in this my Treatise is , to shew how the Scotch-Presbyterian Kirk , which when time was , would have fain been accepted as the pattern of purity , and clearest extraction of Christian Religion , began Reformation upon no deep sense , no deliberate Examen how corruption crept in ; nor proceeded according to any other rule than the Anomalie of a prejudicate fancy or premeditated malice , which intended rather the destruction of persons , than composition of minds ●o a due temper and sobriety in worship ; having no other commission but what was given out by the spirit of disobedience and errour ; nor the countenance of any precedent beside what might be cited from the unhappy successe in the attempts of Rebellion and Schism . The first Sect of preparatory Reformers their History pretends to , were the Lollards of Kyle , who in the reign of King Iames the fourth , about the year 1494. becoming numerous and troublesome both to Church and State , were accused to the King not onely as Hereticks , but Rebels . The chief points or articles insisted on , which I am concerned to observe were these . That it is not lawful to fight for the faith , nor to defend the faith by the sword . Knox ( to save the reputation of his own proceedings ) adds , if we be not driven to it by necessity , which is above all law . By the former clause the sword is taken out of the Kings hand , who must be no military Defender of the Faith : by the latter it is given to the people , whose safety having a supremacy above the law , may frame an arbitrary necessity to rebell . That Christ ordained no Priests to consecrate as they do in the Romish Church , these many years . The sense whereof is best interpreted by another . That every faithfull man and woman is a Priest . So that every one consequently ( even of either Sex ) may administer the Sacrament of the Altar , or at least , that no ordination is necessary to endow or qualifie him that consecrates . Or lastly , That no particular form of words proceeding from his mouth , have , by Christs institution , any speciall efficacy to the transmutation of the common elements into mystical and Sacramental essences , conferring grace upon , or operating it in the worthy receiver . That Tythes ought not to be given to Ecclesiastical men , as they were then called ( to them that since are called Classical , I think they are not due ) to wit , wholly , saith Knox , but a part to the Poor , Widow , or Orphans , and other pious uses : and good reason surely ; for if the widow hath them , these pharisaical hypocrites know whence to fetch them , and under what pretence to devour the houses where they are . As great impiety may be cloaked under the name of pious uses , when the principal must be supposed the advancement of the discipline , toward which if a chargeable rebellion be found necessary , not onely the tenth but the whole stock must be piously imployed , and the Poor with the Orphan set out of the way . That Christ at his comming hath taken away all power from Kings to judge , and That the unction of Kings ceased at the comming of Christ . Of this Knox is ash●med and will therefore needs have the article not to be the Lollards their Ancestors , but the venemous accusation of the enemies , whereas both in his time and ours howsoever disguised , according to this doctrine hath proceeded the whole practice of the Presbytery against their Princes . That the blessings of Bishops are of no value , which passeth onely with this charitable animadversion by the same hand ( of dumb dogs they should have been styled . ) That the excommunication of the Kirk is not to be feared . That in no case it is lawfull to swear . That true Christians receive the body of Iesus Christ every day by faith . So no need of the Sacrament . That after Matrimony be contracted and consummate , the Kirk may make no divorcement . That faith should not be given to Miracles ; so that it should seem Christ was mistaken in his means to propagate the Gospel . That we are no-more bound to pray in the Kirk than in other places . That they which are called Princes and Prelates in the Church are thievs and robbers . These men Knox calls the servants of God , whose merciful providence he magnifies in preserving the register of their tenents , who without publick doctrine ( he means by the authority of a general Assembly ) gave so great light to the Kingdom of Scotland . The importunity used by some of their faction about the King prevailed for their pardon , the rather because some ridiculous apertnesse in their answers rendred them , men not of depth to carry on a design , and this discovery was thought enough to awe them , and the check they had from Court to restrain them ; for many years after was little controversie had about Religion , untill Patrick Hamilton Abbot of Ferne , a man though devout , yet of an hot and violentspirit , discontented at home , passeth over into Germanie , where at Wittenberg meeting with Luther and Melancthon , as he encreased his dislike of the doctrine he left professed in Scotland ; so he did his animosity against the persons of Bishops and such as had the government of that Church . The zeal of Gods glory ( as Knox writeth ) did so eat him up , that he could not long continue to remain there , but to ease his stomack he returns into his Country , and as if he had been vested with Apostolick Commission , he solicites , disputes , and with too much virulen●y declaimes against the divinity of the times , taking the Reformation both of Pulpit and Schools into his care . The sound hereof comes soon to the ears of the Archbishop of S. Andrews , the particulars were chiefly debated by Cambell a Dominican Frier and learned Thomist , with whom he had disputed at large , and being somewhat pleased that he had as he thought , and the other professed , made him his convert , he was ▪ beyond expectation , by the same man accused of Heresie , and upon his articles condemned to be burnt , for trifles ( as Knox saies ) viz. Pilgrimage , Purgatory , Prayer to Saints , and for the dead : Yet as great a Martyr as he was , his printed work shewes him to have been a more subtil Sophister , than orthodox Divine . To omit the great discouragement he gives to Christian endeavours , by this assertion in terminis , The law bindeth us to do that which is impossible for us , and the cold water he casts upon practick obedience by this , The law doth nothing but command thee , explaining it to be onely to inform our knowledge , God not requiring nor expecting performance , putting off that obligation upon Christ : His perverting the sense of many texts in Scripture , from which he draws two ungrounded licentious conclusions , Faith onely saveth , Increduli●y onely condemneth , whereby good works are cashir'd , and a salve is found for all bad ones , the world , the flesh , the Devill can suggest to : His bold enlargement of the Apostles assertion , excluding from our Iustification Charity , which is the work of the Gospell , which we act by the benefit of Christs passion , and by the assistance of his grace , because he exempts the works of the law : His sophistry in an antithetical argument , No works make us righteous , Ergo , No works make us unrighteous , whereas S. Paul saith , That the unrighteous shall not inherit the Kingdom of heaven , and he declares such unrighteous , as do the works of the fl●sh . Mism●k●ng works onely characters of a good or evil man , and the reward to bear , by consequence , no proportion unto them , which is contrary to the Evangelicall doctrine . That God will reward every man according to his works : Beside that through the whole series of his wri●ing , he makes Christianity an idle speculative profession , a mere perspective of the passion of Christ . For all which I impute not to him the guilt of heresie , nor excuse them that executed him as such . The reverence that had been paid him for his strictness of life and ability of parts , according to the learning of that age , was much augmented by a constant resolution at his death , which put the younger students and novices upon a combination for maintaining his Tenents , and the breach they made , let out some Friars to rail against the abuses of the Bishops . The patronage of Mr. Gawin Logie and Mr. Iohn Maire added some reputation to these actions , and a reformation was attempted by some more unworthy instruments upon their credit . The light pulpit discourse of Friar Arithe with his gossips catched some slight people in a jest , while other graver men by more serious arguments , multiplied consider●ble proselytes in good earnest , insomuch as the Archbishop of S. Andrews , according to the rigour of his Religion , began to call for more fire and faggots , but was stopt a little by the witty advice of Mr. Iohn Lindsey , who told him , My Lord : If ye will burn them , let them be burnt in hollow Cellars , for the smoak of Mr. Patrick Hamilton hath infected as many as it blew upon , some touch of it was thought to have tainted Alexander Seton a black Friar and Conf●ssor to King Iames the fifth , who presuming upon the opportunity of his privacy , endeavoured to withdraw the Kings affections from the Bishops , and his conscience from some part of his Religion , which by more prevalent counsell of Ecclesiastical persons about the Court , made him be discharged of his office , and his dread of the fire , carried him out of the Realme . From Berwick by letter he appeals to the King , whom notwithstanding he accuseth to himself of weakness and ignorance , being very invective against the Churchmen who at that time , as well as the Presbyters since , waved in many things their due subjection , and in the name of Christ took upon themselves , the authority of the King . I finde no mention of any answer returned , but I do of his progresse from thence to London , where at S. Pauls Crosse he retracted some of the new divinity he had published . After this for ten years space these violent oppositions in Religion were interrupted , the civil warres making other disputes and partizans upon temporal principles among the Scots . In which time began a reformation in England , from King Henry the eights differences with the Pope , whether the pillage of Abbies , and demolishing other religious places , easily invited the Scotish labourers , who would alwayes be found at leisure for such work . About the year 1534. began a new Inquisition in Scotland , wherein was eminent the perverse demeanour of one David Straton an ignorant Gentleman , though in the Catalogue of their Martyrs ▪ of whom when the Bishop of Murray , Prior of S. Andrews , demanded the customary Tythe of his Fish , his answer was , If they would have Tythe of that which his servants wan in the se● , it were but reason that they should come and receive it where they got the stock , and so ( as it was constantly affirmed ) he caused his servants to cast the tenth fish into the sea . The processe of cursing laid against him by the Church being encountered with his contempt was re-enforced by a summons to answer for his heresie , to maintain which having hitherto no pretense , but the perversness of his will , the Laird of Dun Arskin very lately illuminated in the point lends him his lamp to look out some better reason , and because he could not read , bids him hearken , which he did with more diligence than devotion , desirous to meet with what might colour the affectation of his errours , to which purpose the Laird of Lawristons field-lecture conduced luckily , chancing to be rather out of S. Matthew than the Prophet Malachy , where the Pharisaical tything of Mint and Cummin being taxed might serve his turn to slight all Christian Decimations as publican-extortions , and no weighty matters of the law . Though that was not the text that brought the spirit of prayer upon him , but another on which he might have made a better comment by his repentance than unwildy resolution ; and known , that the denial of tenths is the denial of God in his institution before men , and may perhaps be retaliated before the holy Angels by his Sonne . Sentence of death being passed , he asked grace of the King , which Knox saith , he willingly would have granted , but the Bishop proudly answered , [ no more proudly than the Presbyters more than once since then ] That the Kings hands were bound in that case , and that he had no grace to give to such as by their law were condemned . Notwithstanding the severity exercised upon him and many other , the Reformation ( for precedents unto which by this time their Merchants and Mariners had traffiqued in forreign parts ) makes its way into the cloysters , and by Friar Killors contrivance ( which Iohn Knox seems to approve of very well ) shews it self upon the stage in a Satyrick play , and that on a Good-Friday morning the subject whereof was the passion of our Saviour Christ , most envious paralels being made between the Iewish Priests and the Scotish Bishops . This gave the occasion of a more close search into the Friars opinions , which being found such as suited not with the present profession and government of the Church , sent him with many other too zealous reforming complices unto the fire . Not long after George Buchanan laid his cockatrice egge , not onely of Iudaisme , which himself hatched in a Lenten meeting at the eating of a Paschal lamb , but of Schisme and Rebellion , which His Majesty endeavoured to crush upon the first discovery , notwithstanding the trust he had reposed in him of instituting some his natural children . He was by the Kings special Order ( as they say ) committed to prison , whence he made an unhappy escape , to the ruine almost of that Kingdome by his writing . All this while the Royal Reformers in England marched furiously , so as King Iames had no minde to meet them at York , nor give King Henry there the interview he desired . This , though imputed to his Clergy , was taken as a discourtesie from himself , which set the English jealousie on fire , and that at last burnt out into a warre . King Iames was not so absolute at home as to cement at pleasure the Scotish intestine divisions , where the equality of power did so mi-party his thoughts , that he knew not wch side to head , nor had he alwaie● the liberty of his choice . His distrust of both made him enter into secret counsel with his Clergy , by whose advice and assistance he levied on a suddain a v●ry numerous Army , the design whereof was scarcely thought of in England , when it actualy entred upon the borders . But such scruples were scatered by some disaffected persons to the Church and Crown , as made most of the Souldiery dispute the justce of the quarrell when they were to handle their armes , or without consulting their conscience , leave them in the field . The loss of this Army so troubled the King that he cast off all care to recruit it , and measuring the shortnesse of his daies by the extremity of his grief , he becomes too true a prophet of his death Some six dayes before his Queen was delivered at Linlitquow of a daughter , whom Iohn Knox , very civ●lly calls , the scourge of that Realm , as her mother , one that brought continuing plagues upon the same , and that h●r whole life declared h●r to be such . No lesse did his brethren spare the deceased King , but call'd him Murtherer , and rejoyced at the taking away of such an enemy to Gods truth . In the Kings last will were four Protectors o●Regents of the Kingdome appointed ; the Cardinall of S. A●drews , the Earls of Huntley , Arguyle and Murray , but these were men , especially while in the Cardinals company , very unlikely to promote the new Religion , or the more unjustifiable ends of the pretended Reformers of the Church . The young Earl of Arran was found a fitter subject to work on , the facility of his nature rendring him very flexible to their desires , and the narrownes of his judgment admitting , in no latitude , an abilitie to counterplot at any time their designs , or a discovery of their purposes , but what they laid directly in his sight . His pretence of the second place in succession to the Crown gave him colour , and the Lord Grange furnished him with courage , to claim the government during the minority of the Queen ; which that faction of the Nobility soon bestowed upon him , who had more will to rule with him , than reason to suppose that in his hands lay the best security for her person . Yet to enable him for that , or some other more secret ends , were presently delivered up to him the Kings Treasure , Jewe●ls , Plate , Horse , &c. which notwithstanding they scarcely give him liberty to look on , before they set him to study controversies in Religion , and tutor him as well in the polemick divinity , as politicks of that party . And to point the bluntness of his nature by some new animosity of spirit , they shew him his own name , among others , in a private Schedule of the K. being a memoriall of such as of whose disaffection to his person , government religion , good notice being taken , as good care might be had to prevent the ●ll effects of that humour , which they suggested to be a destination of them unto ruin . This was called the bloudy Scroll , and the discovery of it , a great deliverance of Gods , which some godly men , as they term'd themselves ( that is , such as whose guilt made them conscious how much concerned they were in it ) fearing the execution of their ends and intents thereof , being left to the Cardinal as a Legacy by the King , pressed the Governour to ●ake notice of , to betake himself for what pu●pose God had exalted him to that honour , and how great expectation was had of him . The principal of their meaning , being to depose the Cardinal for their own security , he understood not , and therefore they put upon him one Guilliame a lapsed Friar , with some others to be priviledged in the preaching down Superstition , a word of as great extent in those times as since , from which was taken as much advantage for a licentious and violent Reformation . But the Friars arguments being more powerfull to draw the people into sedition , than the Bishops to a dispute : one of their servants thought to rime down the ridiculous part of the practice in a ballad , for which he had like to have lost his life , as the Cardinal his liberty , who for some time was their prisoner in Dalkeith and Seaton ; but this project being advanced , and another pass'd the vote in Parliament about a marriage between Prince Edward of England and their Queen , whether by command or connivance of the Governour , or intercession of the Queen Mother , to which they adde the bribing of his keeper the L●rd Seaton , and Lethington , he was soon after set free . About this time they obtained with some difficulty the use of the Bible in the vulgar tongue , not to lea●n out of it the duty of obedience to the supreme Magistrate , not to study the sincere doctrine and sense of the holy word ; but to have the same advantage with the hereticks of old , to wrest the authority of sacred writ out of the hands of the Catholick Church , and to serve their purposes at any time , rend the letter from the meaning of the holy Spirit . For this they cited the pattern of primitive Christians , whom they never meant to imitate , and the authority of some Fathers , who countenanced that indulgence to humble holy men ; but in canvasing the question , I finde not them calling upon Tertullian , who spake his minde too freely , adjudging them for Hereticks , who came short of them in pertinacy and errour , and excluded all that were so from any benefit of the Bible in their oppositions unto the Church . The first good use they made of it was the garnishing their libells and rebellious Pamphlets ; and the first fruits of the new amity between England and them , was the l●berty of getting thence in great numbers , the most angry Treatises penned in favour of King Henries fury against the Church . The contract of Marriage was made solemnly in the Abbey of Hallirud-house , to the confirmation of which , howsoever the Governour was prevail'd with to have Christs sacred body b●oken between him and Mr. Sadler the Ambassadour from England ; yet the Queen and Cardinal and what they call the faction of France , which was the principal nobility , are confessed to have no consent in it , upon which the Commissioners were afterward questioned for their proceedings , but being maintained by the great politick Patriot , the pretended Parliament , it mattered not what the Holy spiritual father , or natural mother had to say against them , the young Queen must be disposed of as they thought fittest , and the great Seals of both Kingdomes , for a second ratification , interchanged . But soon after came out of France I. Hamilton , the Abbot of Paisly , and Mr. David Painter afterward Bishop of Rosse , men formerly cried up by the Reformers for their learning , life , religion ; and expected by them to become pillars of the new Temple they were building ; but their private instructions directed them to the Court , with new advice to the Governour , to consider whither his petty Counsellors were carrying him ; what the consequences might be of the alterations in religion ; what commodity in continuing the ancient League with France ; and what hazzard of his own ●ightful succession to the crown under the displeasure of the Pope , who legitimated his birth by favouring the marriage of his mother after the divorcement of his father from Elizabeth Hume then alive , although he might have had security , as to the last , from the Reformers , who acknowledged afterward they would with their whole force have fortified him in the place that God had given unto him , and would never have called in Question things done in time of darkness . So it seems they can digest the Popes dispensations when they serve their turn . The Abbots counsel being observed to make impression in the Governor , some of the Courtiers took courage to confront his zealous party , and one let flye a desperate speech . That neither He nor his friends could ever be at quietness , till a dozen of those Knaves , that abus'd his Grace were hanged . Some of them about him that had deserved it , disliked the liberty taken to speak so much truth , and secretly withdrew themselves . Friar Guilliame being inhibited his licentious preaching , went for Engand , others had their dismission , and the Lord Governour betook himself unto the Cardinal , & Lords better affected unto the Q. This was call'd renouncing the profession of Christ Iesus holy Gospell , as if the Christian Creed were then confined to the Cabinet , as since to the Consistory . But this impetuous calumnie forc'd not through his resolution , nor did his rash oath , lately taken to the English Ambassadour oblige him to withstand the counsell of breaking the imperfect League , the onely difficulty was how to raise mony for preparations requisite to a defensive warre ▪ which they must now expect from King Henry of England , whose will in woing , though for his Sonne , must not be checked without ●evenge . Toward this the Clergy , upon the motion of the Cardinal , who made it a case of conscience in the vindication of Religion , raised great contribution , , and an opportunity of breaking the league offer'd it self , when the hostages for the observance of conditions were to be delivered , the denial of whom was seconded with the stay in Scotland of some noble personages late prisoners in England , who had their liberty but on parole or bail , none returning to custody but the Earl of Cassils , who stood more upon his honor , & word passed unto King Henry , then his duty to serve his Queen and Country , for which singular instance of adhering unto his promise , and for the hopes King Henry had that being gratified with his liberty , he might gain him to some future service , he commended his fidelity , rewarded him and sent him home ; but being deceived in the rest , and by the Governour in the contract , he seiz'd upon all the Scotish Ships with●n his ports , and proclaim'd a warre , yet made no haste to it that Summe● , but us'd the prudence and industry of his Ambassadour before he recall'd him , and afterward of the party he had in Scotland , to regain the Governours faith in the performance of his word . In the mean time comes from France the young Earl of Lenox , who setting aside the custom the Governour had by the Popes cherishing the divorce , was reputed to have a near●r relation unto the Crown , and so far said to be justified in his pretences by the deceased King , as that he had intended to declare him succ●ssor in default of heirs . Much contrivance is charged on the Queen Dowager and the Cardinal in and after the Earls coming over , somewhat whereof may be not improbable , to keep the Governour more firm to them , to the title of whose estate , as well as honour , the Earl was rival , and ready to step into all , if the importunity of that par●y he first headed had ●ecovered him from the Court , which prevailing not , the Earl thereby frustrate of his hopes , and the amarous addresses he made to the Queen Dowager not so entertained as to correspond with his ambition of a Royal marriage , he takes livery and s●isin of what was left him , the forlorn party of Reformers , joyning his with their counsells and discontents . His interest added somewhat to the number they got together out of anger against the Cardinal , and now revenge against the Governour , whom they took to be a creature of their own making , and thought he would have continued to acknowledge their soveraignty while he did wear the badge of honour they bestowed upon him . Those who on other reasons , were of a faction for England came in to them . Having modell'd their Army , they send a challenge to the Cardinal at Edenburgh , undertaking to give him , and whatsoever forces would come out against them , battail between that and Leith . This the Cardinal seemed not to decline , yet prudently judging the medley of those bravadoes could not be kept long together , and that he might have a greater necessity ere long to use a better Army against the English than he had yet in readiness ; put the appointment off from day to day , whereupon the more impatient part deserted them , and some other by good conference received good s●tisfaction ; to that their General the young Earl became jealous of the remainder , and thought it better policy to resign himself , and pass over voluntarily , than to stay till he were fetched by his enemies , or delivered up by his despairing friends . Thus perswaded , he goes to Edenburgh , where he was entertained with a lit●le more cu●tesie in the City than he would have been in the field ; yet he liked not the complement so well as to trust to it , but by the advice of some friends , withdrew in the night to Glascow , and from thence having garison'd the Bishops Palace , to Dunbarton Some offers were made of an accommodation between the Governour and the Earl , but the jealousies on both sides were such as could not be concentred in a point of mutual satisfaction , and so multiplied into counter designs and perturbations of publick p●ace . This civil discord hastened King Henries preparations ▪ who in the beginning of May 1544. poured forces into Scotland by sea and land , which troubled many the great ones there little , as Sr. George Douglasse , who being taken out of prison upon their approach , said in meriment ; I thank King Henry and my gentle Masters of England . And indeed he had so many fellow servants devoted to the English , that the Governour and Cardinal could not raise a sufficient power of loyal subjects to make resistance . So the Army , having sacked and burn'd Edenburgh , wrought their pleasure at Leith and other places adjacent , returned home . After this , the Earl of Lenox sends an expresse into France with as advantageous pretenses as he could contrive , for his proceedings in Scotland ; but King Francis , who advised his going th●ther to some better purpose than upon a private quarrell he had against the Protector to raise a power against the Crown , would vouchsafe his Messenger no hearing , nor his Letters reading , but set such a guard upon him as made him doubt whether he had the liberty of his person , at least fear to hazard it by giving intelligence to his Lord about the counsels of that Court . This straitned the Earl in the necessity he was reduced to of seeking some protection for himself : In the midst of which distraction the Governour , after few dayes siege , took the Castle of Glascow , and left no secure sanctuary for the Earl but England , which he soon resolved on having promises of his welcome , yet could not take his leave without attempting some revenge upon a Territory belonging to the Hamiltons , wherein he gratified his passion more than justified his prudence , or satisfied his friends , who were so sensible of the losse sustained by it , that he could not prevail with them to engage again ; yet having an affected fondnesse to keep up the reputation of a party against the malignity of fortune , they importuned the Earls retirement to Dunbarton Castle : but his own courage being conquered , he thought no place inexpugnable , and so weather-beaten at land he put himself upon the mercy of the sea and King Henries kindness , who furnished a pillow for his disquiet and dejected thoughts , the breast of Lady Margaret Douglasse his fair N●ece , whom he propounded acceptably unto him for a Wife . The headlesse company he left behinde him fearing more the extremity of rigour from the Hamiltons , which by their rashness they had merited , than knowing how to protect themselves , like desperate persons stood prepared to do mischief , though with no hopes to survive it . Upon consideration of whose perversness , or compassion unto their persons , the Queen Mother rescued them from their enemies and themselves , taking them under her particular command and care ; and so preserved their lives against their hopes , if not their wills , but could ●ot secure their goods , which by their incensed enemies were seized on and set to sale . Several incursions were made afterward by the English , with such successe that at last the Nobility ( some of whom were not so sensible of the publick dishonour and detriment done to their Countrey , as of the damage themselves suffered in their private possessions , which could not well be secured in a common devastation ) applied themselves more obsequiously to the Governour , uniting their strength , and compromising their counsels , which helpt them to a little victory , and that after their chasticement invited some auxiliaries from France , commanded by Monseiur Montgomery de Lorge , who had instructions to enquire after the disorders unnecessarily caused by the Earl of Lenox and his party , and to rebuke them as well as cherish others who had shewed more conscience in continuing loyal , than curiosity in searching reasons and opportunity how or why they might not be so . The countenance of these French forces much hastened the Scotch levies , so that in a short time was raised an Army of 15000. men , with which they marched to the borders of England , where in the spoil of the Countrey they quitted some old scores , and might have made a farther inroad , if not divided in their counsels ; but they returned home with the reputation and booty they had gotten , as soon after did De Lorge into France . The late successe against the publ●ck enemy , upon whose preparation or approach Scotland was never free from intestine tumults and disorders , gave the Governour and Cardinal opportunity for a progresse and visitation through the Countrey , to compose the ruptures in the Ecclesiastick and Civil body ; to encourage the hearts of such as were any way inclinable to peace and duty , and to castigate persons whom they found refractory against the law and establishment of the Kingdom : wherein though some of their proceedings may be censur'd for too much rigour , yet somewhat must be indulged to humane infirmity , that not alwaies in Rulers , whether temporal or spiritual , is guided by the sweet influence of Christian charity , the perfection whereof is not onely to pardon , but to do good for evil , at least in judicature not to be over ballanced by the sense of any personall affronts , so as to recompence them with revenge , and make the sword of justice to execute more by the authority of their passion than the Law . Beside , whatsoever were the abuses crept into Religion , when they finde improper persons and uncommission'd for that purpose , not onely lopping off the superfluous boughs , but laying the Axe unto the root of all , with design to plant nothing of the word of God that they pretend to , but wilde fancies of their own , and not onely to argue out works , but fight up their Faith , and claim by their doctrine a propriety in all possessions , whose owners submit not to it ; what prevention is used , especially by persons in present government , may in charity be hoped to ensue as well from a godly zeal to maintain the better part , as a barbarous cruelty and perversness to keep up the worse , which being all the apology I intend for them , passing my word and promise , that howsoever prejudiced I will relate no circumstance partially , much lesse falsely , to the disadvantage of the Reformers , I will briefly instance the proceedings against such p●rsons as occur most notorious in their story . Somewhat before this time , in the year 1540. one Sr. Iohn Borthwick , commonly called Captain Borthwick , was in the Cloisters of S. Andrews before a multitude of the principal Clergy and Nobility process'd and condemned though absent and out of reach The articles are publish'd , but because too succinctly , and it may be not indifferently ; or impartially , by his accusers and Judges ; I conceive it no injury to him , to lay down , for his sense and the substance of that he scattered before ; what I collect from the answers himself framed afterward , and commended to his friends . The first Article was , His levelling the Pope of Rome with any other Bishop or Prelate whatsoever . Where , as he might have enlarged h●s Christian moderation to the allowance of some precedence and priviledges granted him by the submission and Canons of unsuspected Councils , and given him , for S. Peters sake a Patriarc●ate at least : so much more might he have abstained from comparing the whole communion of that Religion to common Thieves and Robbers , having the Pope for their Captain ; and b●cause they called him Holy Father ( a Title from Antiquity rendred to the dignity not only of that , but other Sees ) affixing to the persons of all successively invested with it the guilt of Treason , Murder , Rapine and all kind of such evils . A branch of the third Article ( for I omit all wherein he is to be commended for asserting the truth , or not condemned for speaking modestly and prudently his own opinions ) that I say , was concerning the lawfulness for all Bishops to be coupled and joyned in Matrimony . In answer to which , his business was not onely to exclaim against the practice of the Romane Church for prohibiting their Clergy marriage , who cannot have the confidence to deny that a greater enlargement was left to them by S. Paul whose doctrine he chiefly urgeth ; and by the Cannons of the Christian Church a long time after , which themselves have not expunged in their editions ; but rather ingeniously to clear this point and scruple . Whether Saint Paul having said ; That all things which are lawfull are not convenient ; whensoever the Governours of a Church finde inconvenient what they know lawfull they may not innocently lay a restraint upon that liberty , since they force no man unto the function , but simply make it a condition obliging any man that will enter in , who upon conscience of his infirmity , hath room enough to bestow himself otherwise in the world . And those who since pleade for Sir Iohns , are to frame some distinction between that general Canon of the Romane Church , and those particular Statutes or laws in divers or all the Reformed , which oblige , beside individuals , several Colledges and Corporations of people to an unmarried life , who make a forfeiture of their preferments and profits , whensoever they enter into that state . Secondly , Sir Iohn citing the doctrine of S. Paul , was to take notice of his advice to all men , to be as he was , which argued a possibility they might be so ; much more that out of all men a selected number might be called to serve God at his Holy Altar , with pure hands and hearts , and after to make up the Lambs speciall train which St. Iohn tells him were virgins not defiled with women , redeemed from among men , being the first fruits unto God , and to the Lamb . As to that Sr. Iohn pretended , That S. Paul where he described the perfect image of a good Bishop , did reckon and account marriage amongst the other good gifts which he required to be in them : yea , that he numbred Matrimony among the principal vertues pertaining unto a Bishop , it is very ridiculous , the most thereby imported being a toleration to such as cannot lye alone , or will not trust a Steward with their accounts , and unworthy a reply . In his answer to the fourth , Calling the Pope Antichrist , among them which made him Pro-Christ by succession and Vicar general of the Church , whatsoever in the eyes of some men , it had of truth ▪ undeserving the imputation of Schism ; it had little of prudence , nor could it produce lesse than a condemnation by those Judges , whose Religion and interest was to keep up the Tradition of their Fathers . In the fifth , preferring his particular faith before that of the whole National Clergy , yet rendring no account of it but in the destructive part of what he disliked : nor declaring of what other communion he was , primitive or modern , but rather that he mean'd to be of none by his crying down material Temples and Chapels ( wherein the Papists puting an Image or Crucifix will not excuse him ) he savours of too much insolence and self-conceit , sending every man to a separate subsistence by himself ▪ for which God in his holy Scripture gives no authority unto any : beside that , it dissenteth from the Article which the Apostles put in their Creed . To the sixt Article about the Temporal Iurisdiction of the Clergy , he might have so far condescended as to permit it where their spiritual function was not interrupted by it ; or if it were , where the King supreme in spiritual and temporal , dispenced with it , their office being supplied by others : as likewise where the cases of conscience were so involved with the points of propriety , interest and profit , that any difficulty arising required the resolution rather of a Priest than Lawyer , such as which are to be found in Deut. 17. The places he cites against it implies onely a singular humility , without ambition or vain-glory , to be enjoyn'd them , and may as well be used against the composing any differences , the greatest act of Christian Charity , as judging Controversies and Suits in law . In the seventh , about The Kings sequestring the revenues of the Church , whatsoever may be the Royall power in reserved cases , to assume , or transfer the whole from one name to another , as from Priests to Ministers ( if the name must be so reformed ) from Convents to Colledges ; yet to rend in pieces the wills and testaments of the dead , and to take their Legacies from a lazy Clergy , to throw them upon a luxurious Laity , hath not hitherto been so approved by God in a blessing upon the persons or posterity of them that gaped for this holy morsel , but that many instances have been made of prodigious ends , taking away the possessors , ruining their families , with an insensible losse of such lands and inheritances as more justifiably descended on them . What comparison Sr. Iohn makes between the Priests of Baal , or Iezabel , and those of Rome , sparkles out from the fervency of his zeal , which too much transports him when he pretends to the same commission with Daniel and Elias . Upon the ninth , about the power of the Church in making Canons , he ●aies too much restraint or rather indeed nulls it in pretending it onely declarative of what was made by God for the Nation of the Iews , or what was published by Christ to his Apostles sent among them and the Gentiles , whereas the abolishing most part of the former , left room for a new Law to be inserted in its place ; nor when Christianity had entred onely into private houses , was it proper to have so many orders issued out , as when it should after spread it self openly throughout the world . The authentick limitation which he fancieth out of 23. Iohn , may give a greater liberty than the Church of Room hath yet taken ; for granting him what he may expect , but calls not for , that the seventh verse bringeth all intended within the compass of the Morall Law ; yet that , as to the practice both in the first and second Table , brancheth it self into several parts of the positive , as well sacred as judicial then proper for that Nation , which since being abolished by Christ , some Evangelical constitutions were to succeed , whereof all the Texts in the Gospel against Traditions do not deprive the Church . The conditions he annexeth to the Levites priviledge , Malachy 2 ▪ reach not unto the Christian Priests , unlesse he can demonstrate them as compleatly furnished out of the 4. Evangelists , which rather represent ( and that but very briefly , even when they are drawn into an harmony ) the state and discipline of the Church at that time , than make provisional Cannons in all cases , for all Christian Congregations in succeeding ages . As to what power the Prophets had universally which he saith , is so very lively d●scribed , Ezek. 33. that they should hear the word out of Gods own mouth and declare it unto the people . When he can prevail with God to speak viva voce , as lively to Christian Priests , or but whisper to them in dreams , or shew them Hieroglyphicks of his pleasure in frequent visions ; it may be the Church of Rome will lay down her necessity of calling Councills , and suspend the execution of her Cannons . The summe of what passed between Christ and his Apostles , as to matter of faith , he might believe to be comprehended in the history of the New Testament , whereupon no question the Apostles did more dilate in their dispertion than is preserved for our reading , and the like was done by their successors in the institution of the Church . But as to matters of practice , considering how many years Christ conversed with them , Sir Iohn could not but conceive many particulars unregister'd , or fallen short of his Age ; nor had they been , if preserved , applicable to all times , according to the variety of which , and other circumstances the Decretalls multiplied , and so will Ecclesiasticall Canons increase in number , or be alterable for necessity or decency unto the end . What presseth most in the tenth Article , Sir Iohn declineth , and therefore no wrong is done him , if he be thought imprudently to have said , &c. That Religion ( that is to say , so much of it as Henry 8. turn'd off ) was to be abolished and destroyed as then in England , where ( whatsoever good reformation hath since been made ) a great deal of Murder , Rapine and Injustice was acted , and countenanc'd , by what King , and to what purpose the world knowes : And the Cardinal with his Clergy had good reason , beside private interest ▪ to prevent so passionate and sacrilegious a change in Scotland . Some moderation S●r Iohn shews in permitting S. Augustines Monks to stand , for not whom alone , but others of ancient institution as much may be pleaded , if S. Basils Rule and the historical passages of S. Hierom and other holy Fathers be duly read , whose Convents were made no brothel houses nor swine-sties , nor was their worship such , as to devote them unto the devill , and yet much reverence they gave unto the Reliques of Christian Martyrs . They that afterward made counterfeits , for gain of proselytes or money , may the better sort dispute the point of pi● fraus with his Knightship and the worse with his hypocriticall corrupted Sectaries , who pretend to as great miracles , in having Gods Spirit at their call , and the power of all his Ancient Prophets in their Night-caps . The habits of Monk● ( which he excepts against ) were in the purest times impos'd upon them , and fitter it may be were they for a Cloyster , than those by which the tribe of precisians will since be distinguished in the Chu●ch . Yet am I not so angry with Sr. Iohn Borthwick for his separate singularity in opinion as to justifie the sentence pass'd upon him to be executed in effigie , while absent and in person , when he could be chatched , my portion being not with them that condemn Hereticks to fi●e and faggot ; but if he did ( as commonly such unquiet spirits do ) under the pretence of conversion , instigate the people against the government of that Kingdome , because not of his Religion , I referre him to the La● , and should no otherwise have wisht his pardon than upon a serious acknowledgement of his fault . What fol●ows in Fox's Acts , of a conference between the Bishop of Dunkelden and Dean Thomas , a Canon of St. Colmes Inch , I cannot judge of finding little or nothing about it in their own Historians ; nor can I credit one particular of the Bishops stout saying , I thank God I never knew what the Old and New Testament was , howsoever rise the Proverb which he pretends to be so common in Scotland , Ye are like the Bishop of Dunkelden , that knew neither New nor Old Law no more than the like in Buchanan , That upon a strict enquiry at Dundee after the Readers of the New Testament most of the Priests , who sure were licensed , profest so much ignorance of the Book , as they contentiously averr'd it to be written by Martin Luther , thereupon rerejected it and required the Old. And somewhat to be suspected is that which comes after : That the Dean with six other Friars and a Gentleman were burn'd principally upon these articles , of the Deans preaching every Sunday on the Epistles and Gospels , and their eating of flesh in Lent , for which more moderate penance to my knowledge is inflicted in other Catholick Countryes at this day , and that ancient Canon is not wantonly abused upon reasonable causes dispensations , without any great difficulty are obtained . And therefore another story of like nature , countenanc'd by Buchanan , and most passionately laid forth by Knox , of four hanged in St. Ionhstons for eating one poor Goose on a Friday ( which could not afford each of them a leg and a wing ) hath little of my belief , and indeed the lesse because I find them conceal what Fox , out of no meaning I ghess , to deal more impartially , inserteth , Their hanging up the Image of St. Francis , nailing Rams horns to his head ▪ and a Cows rump to his tail : and some of them interrupting Friar Spense in his Sermon , maintaining the established doctrine of those times , the necessity of prayer to Saints , whereupon followed such a tumult of the people , as hazarded his life , which murder would have been more unjustifiable before God and man , than the hanging up four or four hundred of them for attempting that on the person of one , which might and did draw after it the destruction of many , not in halters upon a legal sentence , but by the sword rebelliously imployed , as well aga●nst their Prince as their fellow subjects , which will appear too evidently in the sequel of this story . I shall not follow every little Martyr to the st●ke ▪ ●et not any of them is there but I sh●uld heartily commisera●e if I were as we I pers●aded , as some Historians seem to be , that he suffered clearly for the tender●ess of his consci●nce , or by the merciless cruelty of his m●licious Judges . But when I discover in most the●r pr●a●hing , praying , disc●ursi●g , designing , c●unselling , such a ●●irit of virulency aga●nst their Romane Adversaries , which must ●e censur'd incompetible with that Christian charity which the best patte●ns , the most exemplary sufferers in the primitive times dec●●red , principally at their death ; when very few of them can be so justified in their strictness of Religion , as they are most evidently to be condemned for sedition ; whatsoever indirect proceedings may be observed in their tryalls ; whatsoever accumulative articles were by mistake or wilfull injury , cast upon them ; I cannot so commend them for their vertues , as to flatter posterity by the example into their errours . Therefore passing by a multitude of petty Saints ▪ whom Knox and Buchanan canonize as they go , some of whom may be feared to deserve no other red letters in the Calender than themselves , whose names are deeply dyed in the bloud , which is not little , shed upon the rebellious practices they prescribed : I will discuss onely the passages about one more signal than the rest , out of whose ashes the Scotish Reformation was raked , and beside the murder of the Cardinal , a consequent rebellion advanced chiefly upon the reputation of his name , though I will not alledge it as apparently founded in his doctrine . The man I mean is Mr. George Wisheart of B●nnets Colledge in Cambridge where he is famed to have lived a very studious and religious life , yet not without some such singular eccentrick motions from the custome of other honest men in his time , as gave some part of his piety the character of Melancholy , and the impress of cruelty to some , severity in his discipline . An instance of the former in his Wearing and sleeping in Canvas , which his sheets and shir●s , freez-mantle and other habits weekly , or monthly , or quarterly , as his fancy serv'd he bestowed upon the poor . His having a tub of water nightly by his bed-side , wherein he by moon-shine bath'd himself , to allay some heat that troubled him in his rest . And by the latter he so exasperated the young spirits of his pupills , that the desperate part of them complotted his murder to obtain their deliverance ; his apprehension whereof might be the reason that brought him back into his Country with the Scotish treaters that came from England , who when they had him at home magnified him for a Prophet , and sent him up & down under colour of Religion to draw the people to their party . What Town soever rejected h●m he denounced against it fire and sword by the spirit , which judgement they prepared as Gods instruments to fulfill . He began at Montrosse , and thence passed to Dundee , where an inhibition was given him in the Queen and Governours name , and they that brought it were told by him that they chaced from them the messenger of God . The Lord Marshall and other Noble men , whose part he acted , would have maintained him in the place , or have taken him along with them , but some other spirit di●ected him to the Westland where the Bishop of Glascow was fain to raise a great party to dispute with Mr. George's disciples for the Church , which the Earl of Glencarne and dive●s Gentlemen of Kyle would have made good for him , but that he thought it as good mustering his men at the Market-Crosse , as he did otherwhile about a Mole-hill , or some other little piece of rising ground in the fields . This itenerant Doctor thus travelled from place to place , and wheresoever he lodged thither the devoted Gentry of that quarter address'd themselves , with their armed Vassals and Tenants to receive Orders rather for the managing the great design , than instructions for the amendment of their lives . If any were so addicted to their old Religion or alleageance , or so disposed to their quiet , that they made no appearance worthy Mr. Georges preaching or presence , he would run from his Tet into an invective for an hour or two , still brandishing his threats of fire and sword , as at Haddington , because he could not take from his pulpit an account of an hundred auditors in the Church ; after which vehemency so dejected in spirit , having it may be , some other intimations of his being at the end of his prophetick race , that the last part of his speech was like a testament at departure , and his good-night a taking leave for ever of his acquaintance : which howsoever he meant it proved proper enough , being seized on before morning at Ormeston , by order from the Governour with the Cardinals advice , as a person dangerous , for his sowing the tares of sedition among the seed of his new Evangel . The Earl Bothwel with a guard of House was imployed in surprising him , or else he had not been taken , nor was he without some resistance and articling with the Earl , having some armed Proselytes in the house , who observe no orders , obey no commands but when they cannot help it , who would not have surrendred him , but that they saw themselves over-power'd . What promise ( if any ) the Earl Bothwell had passed for his protection , was not judged so obligatory , as his alleageance to deliver him up to justice , which he did after some better satisfaction , than what Knox most ambiguously and maliciously instanceth , the Cardinals gold , or the Queens undertaking to favour him in all lawfull suits to women : Edenburgh was not thought so fit a place for his imprisonment as the Castle of St. Andrews , whither he was shortly sent , and soon after brought unto his tryall , although the bold opportunity of one David Hamilton , the speaker for him and his partisans , by a mixture of advice , intreaty , terrour , had wrought the Governour into some uncertainty of allowing the proceedings . About the end of February 1546. the Iudges Ecclesiastical and Civill sitting in the Abbey Church , Mr. Wisheart was sent for to answer divers articles alledg'd against him , who going into a Pulpit , according to the custome of that place ( after one Father Lawder a Priest , who was to manage the accusation , had read the articles against him ) began an Oration , making entrance and advancing what he could into the mindes of his Auditors , under the glorious canopy of the Word of God , which onely , and that purely and sincerely he pretended to have taught , and nothing in the mother-tongue beside the ten Commandements , the twelve Articles of the Faith , and Prayer of the Lord , and at Dundee the Epistle of St. Paul to the Romans , where I do not find he insisted long upon the 13. Chap. at least in the sense the holy Apostle intended it , though I censure him not to have deserved the unhandsome titles put upon him by Lawder at the beginning of every Article ; Thou false Heretick , Runnagate , Traitor and Thief , &c. which is not a form prescribed against any person brought before that justice , added little force to the sequell of his accusation , part of which as to the substance , he might Christianly and honourably have acknowledged , I mean that wherein the latter Tenents of the Roman-Church superinduced to that purity her great Apostles planted in her , carry more weight in the ear , than the genuine stalk is able to support . But where the accusation was justly laid in behalf of the Government under which he l●v●d , or the Authority of the Church delivered to her by Christ and his Apostles and their incorrup●ed Successors , I must elevate Mr. Georges answers , and leave the rest to the restriction or relaxation of mens ●i●●vate opinions in the world . To the first , which chargeth him with preaching at Dundee , after the Governour had commanded him to desist , and again after the Bishop of Brechen had excommunicated for cont●macy of that kinde ; he in v●in claims the liberty taken and given , but not in that latitude by the Apostle in the Acts , We shall rather obey God than men , which qualifies not every man with a mission that pretends to it of his own head ; nor with a remission of his passive obedience to higher powers ; else every bold Heretick , rightly so called , may assume as much . Nor can he wrest that of the Prophet Malachy , I shall curse your blessings , and blesse your cursings , saith the Lord , against the after Excommunication in the Christian Church , which duly regulated , the Romanes may challenge and justifie to be valid in fit cases . Nor as to the ninth Article will St. Iohn and St. Peter countenance him in laying hands of Ordination upon himself , when the one saith , He hath made us Kings & Priests , & the other , He hath made us a Kingly Priesthood , any more than they will another man in setting the Diadem on his head which he thinks fitter for it than the Kings ; or taking that Scepter into his hand , which he supposeth an infirm Potentate cannot hold . For the eleventh Article , about the lawfulness of eating flesh on Fryday aswell as Sunday , As to the purity of dayes ( which bears proportion to the Passion and Resurrection ) or indifferency of meat● , abstracting from all Superiours rational commands , and in pious people an humble commemoration of Christs suffering , by their suffering somewhat weekly at that time , St. Paul may justifie him in his answer ( though they were other dayes he meant ) but yet ▪ by his favour , not in reversing the Statutes or Canons composed in piety and prudence , w●ich encounter no principles of Religion , nor deny fit supplies to the necessity of nature , or moderate desires of a regular appetite in due season . But that which betrayed his ignorance extreamly , or an insolent arrogance of singular extraordinary indowments from God for the interpretation of his Word ; or where that in practicals and circumstantials is silent , for the intelligence of his pleasure ; was his answer to the 15. Article which charged him with denying to obey Provincial or General Councils , whereof he owned no knowledge , as if the History of Gods Church in the purest times of Christianity had not been worth his search , nor the exemplary endeavours of the ancient Doctors and Fathers , who confounded heathen and hereticks by their writings ; with joyn'd hands rais'd an edifice of Religion , according to the most exact model they , at so near a distance traditionally received from Christ and his Apostles ; deserv'd his review , nor what they sealed with their bloud , so much of his reverence as to consider , wether so many did , and himself but one could not , erre , especially when the very Bible , to which he appealed for the authority of his doctrine , had been for its own integrity and incorruption of words and points , and consequently of sense ( whether their glosses and commentaries be admitted or no ) and could be commended to him by no more powerful testimony than their Canons , neglected and scorned by him , for the introduction of what Knox & he , a prety pair to be paralled with representative Christianity in the majestick Sessions of Emperours and Bishops ▪ had for seditious ends concluded in a corner . Whether his singularity in these or any other exorbitant opinions , proceeded from passion or perswasion I shall not determine ; nor can I clear his Judges in their sentence of condemnation unto death , unless his sedition were so manifest & dangerous ( which it might be ) that no security could be given for the publick peace , but by his removal . The manner of it as it lies in the vulgar story , was with more pomp and curiosity than became the gravity or charity very requisite in Cardinals , Bishops , or inferiour Clergy ; Mr. Georges behaviour near the time of his execution such , in many particulars , as became an humble , pious and couragious Christian , as appears by divers prayers and discourses ; yet his popularity , and debasing Prelacy , had not quitted him the very day he was to suffer , when he beseeched the brethren and sisters , those Epi●oen Priests of his making , to exhort their Prelates to the learning of the Word of God , &c. To tell them , That if they would not convert themselves from their wick●d errour , there should hastily come upon them the wrath of God , which they should not eschew ; very Prophetick , and positive , and prevalent no question , from such mechanick mouths . And though he forgave the Hangman , when about to do his office , yet he had not so much chari●y for the Cardinal , against whom this angry Martyr denounceth the sentence of a violent death , revealed to him , more likely by Iohn Lesly , Melvin , and Carmichel ( if it were not the overflowing of his own bloudy heart concurring in the design ) whose hands were to act it , than by any Oracle from heaven , where no such murders are forged , his last words being these , as his own Friend hath recorded them : He who in such state from that high place feedeth his eyes with my torments , within few dayes shal be hanged out at the same window , to be seen with as much ign●miny , as he row there leaneth in pride . The credit of the new gospel had been crackt , if the prediction of this great prophet had not been hastily accomplished , which his principal disciples took presently into their care , whose stomacks were so full of indignation against the Cardinal , that their meat could not down before they had declared it at their tables , That the bloud of Mr. George should be revenged , or else it should cost life for life . The most proper instruments for such a purpose must be men of metal , whose spirits being exasperated by a sympathy with their late deceased Friend , or a passive sense of some late injury apprehended from their great enemy , that lived against as many of their wishes as there accrued minuts unto his time , were predisposed to any desperate attempt . Three or four such were pitched upon to surprise Babilon ( so they call'd the Castle of the Cardinal of St. Andrews ) upon whom they speedily executed the work 't is their own language , that is , they wickly murdered him in his Chamber . In which act Iohn Lesly and Peter Carmichael being too hasty , they were rebuked by Iames Melvin the more sedate Reformer of the three , and told , This work and judgement of God ought to be done with greater gravity . He presents to him the point of the sword , saies , Repent thee of thy former wicked life , that is , stopping the godly brethren in their course , strikes him twice or thrice through with a stog sword , and so he fell . All honest Christians were astonished at so horrid and execrable an act , but the meek disciplinarians did not onely , saith Buchanan , approve it , but came to gratulate these authors of their publick liberty , others ventured life and fortunes with them for the future ; libertatis authores , so it should seem the Cardinal had tied up their hands , till this stog sword cut the knot and set them at liberty to do mischief uncontrouled afterward . Iohn Knox is so tickled with the business that he becomes very witty , and because he would not lose his jest , tells his Reader expresly , he writes merrily about it : but by this time he knows ( if he chang'd not his mind ) that the end of that mirth is heavinesse , I believe . That his heart and he might not keep at distance , the Easter following he goes to live with the murderers in the Castle , and not long after from the cry of this bloud takes his call to the ministry , which was the greatest vengeance that ever God sent to that Kingdome . For this first thriving plant of the discipline being set by the sword and cherished by * license and lust , the soil prepared by the Cardinals bloud , grew up on a sudden to branch it over all Civill Magistrates and Laws , and in short space over-topt Royal Authority it self , some comfortable assurance whereof he gave to the brethren in his first Sermon upon Dan. 7.24 , &c. And another King shall rise after them , and he shall be unlike unto the first , and he shall subdue three Kings , and shall speak words against the most High , and think that he can change times and laws ; And they shall be given unto his hands until a time and times , and dividing of times . But the judgement shall sit , and they sh●ll take away his dominion , to consume and to destroy it unto the end . So great a Scholar might easily prove that the Prophet Daniel spake this directly of the Scots , which the Laird of Nydrie , a man fervent , so ●arre I believe him , not when he addes , and upright in religion , so well understood , that he told some body ( you may ghesse whom he meant ) We would counsel you and them to provide better defence than fire and sword , for it may be that else you may be disappointed : Men now have no other eyes than they had then . A multitude of disciples by such good doctrine had Knox drawn to him at St. Andrews ; The Bishops complain to the Queen and Councill , they are willed to be quiet and promis'd remedy ere long . The Reformers with all might and main endeavour to prevent the marriage of the young Princesse with the Dolphin of France , being yet too weak , they rail at the Parliament that made it , account it a matter of sale in the Governour , and prophesie she shall become a plague and punishment to Gods people . At length the rest of those uncleanly birds of Babilon ( now truly call'd so ) the Cast●e of St. Andrews , was thrown out , care ▪ being taken that Iohn Knox should be cag'd and carried away with them for France . Here the Gospel was at a stand for some time , till Iohn flutter'd homeward so near out of danger as he could ; lighted first at Barwick , thence flew to Newcastle : There was no chirping yet for him in Scotland : He takes a new flight to L●nd●n , where having muted as much mischief as he could upon the death of King Edward the sixt , he passeth to Geneva , staies there till he had a new call by the Congregation assembled at Frankford , where he found not all birds of his feather , yet sets up his tune to as high a note of treason as he could , and in an Admonition to England calling the Emperour little inferiour to Nero , and the Queen more cruel than Iezabel , being accused he gets away in the dark , shrouds himself for a while under the wings of Geneva , thence to Deep , and thereafter to Scotland , where in the interim had been several alterations of State , though little as yet in religion ; The Queen Dowager being in the year 1554. made Regent ( much importunity or rather a visible necessity constraining the Governour to resign ) had the Crown put upon her head , as seemly a sight saith Iohn Knox in the new Gospel language as to put the saddle upon the back of an unruly sow . At this change the brethren creep in , first Harlow a simple and weak man , then Willock under the cover of some Commissions from the Dutchesse of Embden , and at last to beat down the idol Masse , comes Iohn Knox with his hammer . At first he falls to work in the night with the Earl of Glencarne , Earl of Marschel and Henry Drummond , whom he forms into so good a conceit of a godly exhortation he made , that they are earnest with him to send a Letter to the Queen Regent that might move her to hear the word of God . I shall not recite all the arguments and good language he used to that purpose , by some few passages expressed may the Reader be able to judge of the rest . Vnlesse in your regiment and in using of power your Majesty be found different from the multitude of Princes and head Rulers , this preheminence wherein ye are placed shall be your dejection to torment and pain everlasting , ( that is in plain English , Except she gives way to the discipline she shall be damned . ) An Orator and Gods Messenger might justly require of you now ( by Gods hand promoted to high dignity ) a motherly pitty upon your Subjects , a justice inflexible to be used against murderers and common Oppressors ; a heart void of avarice and partiality ; a minde studious and careful for maintenance of that Realm and Common-wealth ( above whom God hath placed you ) and by it hath made you honourable , with the rest of vertues , which not onely Gods Scriptures , but also writers ( illuminated onely with the light of nature ) require in Gods Rulers . But vain it is to crave reformation of manners , where Religion is corrupted . So that the Queen being not reformed is a merciless mother , an unjust countenancer of murderers , &c. a covetous and most partial creature , a negligent or wilfully destructive Governesse , void of all vertue required , and , being desperately vitious , unfit to Govern . — Except ye speedily repent , ye and your posterity shall suddenly feel the dispersing hand of him who hath exalted you , ye shall be compelled will ye or not , to know that he is eternal against whom ye addresse the battell , and that it is he that moderateth the times , and disposeth kingdomes , ejecting from authority such as be inobedient , and placing others according to his good pleasure ; that is , Iohn Knox and his complices shall depose you , as it proved . But here Iohn over-reached , and laid himself with his gospel flat upon the ground , whence he had been taken up with a witness , if he had not scrambled away again to Geneva , after which escape he was burn'd in effigie at Edenburgh Crosse . Yet like to two buckets , of which one , to be sure is up , if the other be down , Iohn Willock returns the second time from Embden , who preaches the Nobility into secret Conventions and close counsels , which brake out into Sedition at Edenburgh , where by a zealous brother , Iames Chalmers of Geitgyrth the Queen was personally affronted , Churches pillaged and in part demolished , for which the Brethren assemble , ( in what manner ye may judge , for all their singing Psalms and praying ) So that ( see the power of their Notes ) the proudest of their enemies were , they tell us , astonished . In the mean time they have their mountebanks that dispatch by poyson most of the Nobility and Bishops that went to the young Queens marriage in France , because there were murders enough otherwise to be done at home , that which might be more religiously wrought , Iohn Knox is sent for back from Geneva by Glencarne , Lorne , &c. advises the rest to work their deliverance from the Aegyptian bondage upon what hazard soever , or by whatsoever opposition , be it against Kings , or Emperours . Hereupon the first Covenant is entered into by the new nam'd Lords , &c. of the Congregation , and soon after is made the first Oration and Petition of the Protestants of Scotland to the Queen Regent , wherein they style themseves , a part of that power which God had established in that Realm to defend their brethren from cruel murderers ; propound a Reformation to be made , such as they think fit to prescribe , and seem at that time content ( which those of their race since disavow ) That not onely the rules and precepts of the New Testament , but also the writings of the Ancient Fathers , and the godly and approved Laws of Iustinian the Emperour might decide the controversie betwixt them . To this Petition they received a gracious answer from the Queen , liberty of conscience restrained in nothing but from publick Assemblies in Edenburgh and Leith : For which Her Majesty had in return the dutifull character of crafty , dissimulate and false thinking woman , that made her profit of both parties . Hath a querulous Letter directed to her , and the Parliament against her Clergy , whom they reproachfully call , Place-holders of the Ministers of the Church ; with a protestation limiting the Supream power in deputing Judges for Civil affairs , and menacing , That if any tumult or uproar should arise among the members of the Realm , for the diversity of Religion , & if it shall chance ( as they intended it should not , having certainly determined ) that abuses be violently reformed , that the crime thereof be not imputed to them , who most humbly do now seek all to be reformed by an order . The Earl Glencarne , &c. second this in a private addresse , and forewarn the Queen of the inconveniences that were to follow . To prevent which , and give what satisfaction could be reasonably desir'd , she summons all their Preachers to Sterling , and they according to their never-failing accustomed manner , all the puritane Gentry , &c. to accompany them , and this they call'd , The peoples giving confession with their Preachers . Iohn Knox casually arriving at the same time repairs to Dundee , and craves leave ( which was not difficult to be obtained ) to accompany the Brethren , and give confession of his Faith with them , who instead of appearing before the Queen , according to the grace of God granted to him ( they are his own words ) carries them to St. Iohnston , and so exhorts them , that they there fall to the pillage of the Monasteries , destroying the Charter-house , wherein was the Tombe of King Iames the first , whereat the Queen taking just indignation , and complaining to her Nobi●ity about it , the Brethren send Her Majesty a smart Letter , beginning meekly with As heretofore with jeopard of our lives , and yet with willing hearts , we have served the Authority of Scotland , and your Majesty now Regent in this Realm — but soon after tell her , They shall be compelled to take the sword of just defence against all that shall pursue them for the matter of Religion and their conscience sake , which ought not , nor may not be subject to mortal creatures ( the Queen Regent was a mortal creature , Ergo ) further than by Gods word man is able to prove that he hath power to command them ( that is further than they have a mind to be commanded ) Upon the Queens approach they send for more auxiliaries to St. Iohnston . To some Noblemen that declin'd them , or had a desire to be neuters , they write , That if in this time of their trouble they lookt through their fingers , and joyn'd not themselves to them , as of God they were reputed Traitors , so they should be excommunicated from their societie , and from all participation with them in the administration of the Sacraments . Their number of the new supply prov'd not so great , but that they were fain to make an appoinment with the Queen , and quit the Town after Iohn Knox had exhorted them to constancie in a Sermon , that is , to meet again so soon as handsomly they could , which they did to a second Covenant at Perth , whereof one clause was , That they should not spare labo●rs , goods , substance , bodies and lives , in maintaining the Libertie of the whole Congregation , and every member thereof , against whatsoever person ( no Queen excepted ) shall intend the said trouble for cause of Religion , or any other cause d●pending thereupon ▪ or lay to their charge under pretence thereof , although it happen to be coloured with any other outward cause . So that they might murder , steal , or break any civil law of the Realm , and the Congregation must defend them , if prosecu●ed or questioned by the Magistrate , that being but a colourable outward cause to trouble their Religion . Whereupon several outrages being acted by them that now began to be called , Keepers of Libertie , as seizing upon the Irons of the Coyning-house , because of the impression in the Images they stampt , and a late pretence of appeal made from the Queen Regent unto their young Queen and Dolphin of France , her Husband . A Proclamation of restraint is sent in their names to be publisht at Edenburgh Crosse . Yet notwithstanding upon some conference with the Regent , she condescended to give them liberty of religion , provided , that wheresoever she was , their Preachers should cease , and Her Majesties be maintain'd . But this would not passe , because it put to silence Gods true Messengers , that is , restrained them from railing down the Queens own Religion to her face . The Queen , to get rid of her trouble , if she could , not long after at Edenburgh caus'd such an Agreement to be made , as could not be denyed by them that pretended to any peace or quietness at all . Accordingly Articles on both sides were drawn , agreed , sign'd and proclaim'd . These shrewdly troubled the Brethren in black , who meant nothing less than a Peace . And perceiving some of their party so conscientious as to keep faith and make so great a relapse to their duty , as to go to the Queen at her call , they convene and subscribe a third bond at Sterling , whereof this is a link , — As we tender the maintenance of true Religion , that none of us shall in time coming pass to the Queen Dowager , to talk or commune with her , for any Letter or Message sent by her unto us , or yet to be sent with consent of the rest , or common consultation thereupon : which was so religiously observed by Knox , that he returns the Queens Letters upon her hands , and would not give them to the Lords , as was by Her Majesty required . But now must a new quarrell be pickt to fetch in the Lords and rest of the Brethren that adhered to the agreement at Edenburgh ; And this was by the Queens fortifying the town of Leith , which , though but intended for a place of retreat in case she should be overborn by their strength , which now made appearance in several places , and many times nearer approaches than she liked , was notwithstanding vogued to garison her Townes with the French , and to have in design by them , the conquest of the Kingdome . By way of charge and Declinatour pass'd divers Letters and Proclamations on both sides ; From hence mounted the Brethren to admonitions , from admonitions to votes about deprivation , upon justification thereof by Willock and Knox the prime of the Clergy ; From votes to articles and the Act of Suspention together with the banishment of her person , allowing Her Majesty but 24. hours to prepare for her passge into France . But the walls of Leith were not to be blown down by this breath , nor was it strong enough to fill the sails for her passage into France : A stronger wind blew out of the Town , which so dispelled the Congregational Brethren , that glad was he who could shelter himself ; and many grew desperate of the cause . But Iohn Knox by power of the spirit , when but a spark or two of rebellion was left , could ever blow it up into a flame , which he began now at Sterlin in a Sermon upon the 80. Psalm v. 4 , 5 , 6 , 7. and encreased it in another afterwards some where else upon Iohn 6. exhorting the Congregation that they should not faint , but that they should sti●l row against the contrarious blasts , till that Iesus Christ should come ( so that onely the day of judgement is to put an end to the Presbiterian commotions ) But nothing can be done without a Covenant , which An. 1560. was entred at Edenburgh . That what person soever will plainly reject their godly enterprises , and will not concur as a good and true member of their Common-wealth , they shall fortifie the authoritie of Council to reduce them to their duty , &c. The issue of this , as of all their Covenants , was to put many quiet conscientious people to the choice of either extream , without the priviledge of a detestable neutrality : Do as we do , Rebel or perish ; whereby they never faild of an Army that should guard the gospell with an unparalell'd villany , and resist the Queen Regent unto her death , which fell out very opportunely while they lay at the siege before Leith , being , if not procur'd by their means , very evidently hastened by their malice , denying Her Majesty the benefit of some drugs , for which she sent to her Apothecary and Chyrurgeon , and in her inrecoverable condition not indulging her free speech with some Lords joyntly though of their own faction , and what curtesie they granted , being clogged with the ungrateful presence , and more unpleasing discourse of Iohn Willock , Brother-rebel-preacher with Knox , who was sent on purpose to set the Queens conscience on the rack , and torture it to despair if he could . By all these unchristian proceedings , having speeded on their impatient wishes , and fretted open a passage for that Royal soul to expire , they become soon Lords not onely of the Congregation , but Countrey , and having eleven points of the law ( their young Queen and her Husband being absent in France ) upon advantage enough they capitulate with their Majesties for the twelfth . In which pacification the Deputies from France would not medle with the matter of Religion , but agreed that a certain number of Noblemen should be chosen in the next Convention and Parliament to be sent to their Majesties , to whom they shall expose those things that shall be thought needful for the State of that business . In the interim , the Brethren I 'le warrant you were not idle , but after publick thanksgiving at Edenburgh for their deliverance , that is to say , for the death of their Queen , upon whom they heap ( though they name her not ) a heavy load of calumnies in their prayers : A Committee sits to distribute Ministers , and so Knox is made Primate of Edenburgh , or in it rather of Scotland , that being the fountain head from whence all future Rebellion must stream , by Goodman to St. Andrews , by Heriot to Aberdeen , by Row to St. Iohnston , &c. And though they will have no Bishops , they 'l have Over-seers {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , Spotswood for Lothian , Winram for Fife , &c. And now to work they go to drive the stray-doctrine and discipline of the Countrey , into the Parliament pound at Edenburgh . Please your Honours comes presently from the supplicant Barons , Gentlemen and Burgesses ; A Confession of Faith with a more imperious preface or title from the Presbytery out of Matth 24. And this glad tidings of the Kingdome shall be preached through the whole world for a witness unto all Nations , and then shall the end come ; that is , the Presbyterian Scot shall pull down all Government in the world , establish the Kingdome of Iesus Christ upon the earth , and then the end shall come , the work is done , 't is fit then the wages should be paid , especially since by this new engine they draw Christ into their Covenant , chap. 11. rebellion into the fifth Commandement under the notion of saving the life of innocents , and repressing Tyranny ; resisting authority if they take it to passe the bounds of the Magistrates office , not suffering innocent bloud to be shed if they may gain-stand it , ch. 14. Likewise they dash all moral vertues at a stroak , restrain the power of Gods Grace from effecting due obedience to his Law , ch. 15. Confine the Catholick Church to themselves , and such as shall communicate with them , denying all other Christians the undeniable benefit of their Baptism , ch. 16 , 18. which they say notwithstanding , ch. 21. was instituted of God to make a visible difference betwixt his people , and those that are without his League . Pretend to reconcile these contradictions , making both true at a time . This Church is invisibly known onely to God , who alone knoweth it , whom he hath chosen , &c. ch. 16. and yet the notes , signs and assured tokens , whereby the immaculate Spouse of Christ Iesus is known ( to whom ? ) from the horrible Harlot the Church malignant we affirm are , &c. Defraud Antiquity and lineal descent in an undivided continuity the reverence rendred by the Primitive Fathers of the Church , & to be paid by us for the first knowledge & benefit of the Gospel : and yet at the same time running to the Ancients for strengthening the authority of the Canon . For the doctrine taught in our Churches ( say they ) is contained in the written Word of God , to wit , in the Books of the New and Old Testaments , in those Books we mean which have been reputed ( by whom but Bishops and Episcopal Doctors ? no Pre●byterian ) canonical : Depriving the Church of her just priviledge in interpreting the Scriptures under a pretence of bestowing it upon the Spirit , distracting Christians hereby in matter of opinion , without extraordinary divine revelation , as in the point of Justification , wherein St. Paul and St. Iames seem to differ ; and in matters of practice by the example of St. Peter and St. Paul , Gal. 3. All this in one ch. viz. 18. frame a plausible excuse for negligence in , or after the receiving the Sacrament of the Lords Supper , ch. 21. Exclude all but Preachers , though Priests or Deacons , from the efficatio●s administration of the Sacraments , annexing the power and vertue of the same to divine revelation or operation of a Sermon , and so defrauding many that have had legitimate imposition of hands , call'd Ordination , of the character & exercise of that power Justifie such as resist Supream powers , doing that which appertaineth not to their charge , ch. 24. so taking away the glory of Christian humility , patience and the crown of Martyrdome it self . Ret●act in part ch 15. what they professed , chap. 18. about the notes of the Church , and so take Gods Name in vain , making a formal conf●ssion of his truth to no purpose . This pretty Pageant fram'd in a schismatical Assembly , was brought into the packt Parliament to be voted The true Representative of the doctrine of Christs Church , which the Bishops suffered quietly to pass by without spoiling any of the pastboard or guilding , because they durst not ( writes Knox ) say any thing to the contrary ; and very likely when they knew it would be to no purpose , and were well assured they should pay their Ecclesiastical Benefices , if not their lives , for a syllable of any such contradiction , the Bretheren having petitioned that they might be compelled to answer to former accusations , and to other likewise they had yet to lay to their charge , which were such no doubt as wanted no weight of further delinquence to press them down to the depth of any Parliamentary Vote . This Confession of Faith very liberally suffrag'd , was sent into France by the Lord St. Iohn to be ratified by their Majesties . By which act of pretended submission to the supremacy of their Princes , we may interpret the true meaning of all the rest , and take a sure essay of the Presbyterian subjection , whatsoever otherwhere they pretend , which I desire the Reader diligently to observe , and have in mind whensoever afterward shall occur their hypocrisie in dutifull expressions , for saith no less author than Mr. Knox ; No ratification brought he [ the Lord St. Iohn ] unto us but that we little regarded or yet do regard ; for all that we did was rather to shew our dutiful obedience , than to beg of them [ the King and Queen ] any strength to our religion , which from God hath full power , and needed not the suffrage of man [ wherefore then was it put to the Vote in Parliament ? ] but in so far as man had need to believe it , if that ever he shall have participation of the life everlasting . Such obedience as this shewed the Souldiers to our Saviour when they bowed the knee before him and mocked him , saying , Hail King of the Iews . Buchanan acknowledgeth it was sent to the Queen without hope of grant , onely to discover the nakedness of her thoughts ; as good an argument of the modesty , as the other was of loyalty of the Brethren . But this was not enough to make the Assembly magisterial , who themselves must stoop as low as any lay-brother in doctrine and confession of faith . It is the discipline that must hold up the rod ( at least , if not the axe too ) bind their Kings in chains , & their Nobles in links of iron . To the framing of which , immediately after this Parliament dissolved , commission was given to Mr. Iohn Winram , Sub-prior of St. Andrews , Mr. Iohn Row and Iohn Knox , Mr. Iohn Spotswood , Iohn Willock , Mr. Iohn Dowglass Rector of St. Andrews : all Iohns and beloved disciples , that had laid their heads on Christs breast , and knew his heart about the reglement of his Kingdome . Yet their letters of credit were not so good as to obtain the reception of Ambassadors from heaven , though they pretended their message was in every point consonant to the word . The Lord Erskin as great a professor as he was , and the major part of the Nobility refused this new model , Knox imputes it to the care of his Kitchin , and 't is not unlikely he and the rest thought their title as good to the Church lands , that they might eat the fat , and be cloathed with the wooll of the lambs which themselves as well the Clericall Iohns , had taken the pains to worry and slay . Or it may be they had a care of their eyes which already began to swell with fatness , and if they yielded this , they would go on with the Psalmist , being hold●n with pride and overwhelmed with cruelty , they would then do even what they lust . Yet this curtesie they did the discipline , to call it , A Book of devout imaginations , that is , zealous whimzies , which might run the round in the Name sakes noddles , but if they once got ab●oad with power to captivate the thoughts of other men which were to be kept in a more reasonable service and obedience of Christ , they were to be cast down by the Apostles command , like high things that exalt themselves against the knowledge if God ; yet Argile , Glencarn , and the whole private pack of conjur'd Rebels subscribe the Book , and promise to set it forward at the uttermost of their power , whose names were enough to write Nobility in the front , and hold it out with the approbation of the Honourable to the people . But to accomplish the work , behold the hand of God appears through this cloud , and scatters morning roses in the way of the R●formers . Here ( saith Knox ) was joy to Scotland , and matter of Thanksgiving for the wondrous work and inestimable benefit of the Lord . And what is this but the death of an innocent young King Francis the second , Husband to the Queen of Scots ? who because no friend to the Brethren , and so a robber , &c. Knox cannot but brand his memory in the forehead with , He was suddenly stricken with an Apost●me in the deaf ear that nev●r would hear the truth of God . His glory perished , and the pride of his stubborn heart vanished in smoak . Upon notice hereof was a new Convention of the Nobility at Edenburgh , wherein the Book of Discipline was again perused in favour of some that pretended ignorance , who when they heard it were not so taken as to own it by subscription , or adde to the authority of it by their vote , yet to prepare the way for the people to be acquainted with it , twelve things call'd Superintendents are ●ut out , chipt and fashioned , just after the pattern in the Book . And because all must run in the name , Iohn Spotswood is appointed for Lowthian , and as the leading man is in the printed form and order of the election March 9 1560. In which form I shall onely intimate two or three things as I go . First , that the election of him [ not onely approbation ] is in shew devolv'd upon the people , who promise obedience to him as their Pastor no longer than he remains faithfull in his office . This election of the people is styl'd , The Call of God in them [ who it should seem miraculously moves their hearts , and directs them to the summoning of Iohn ] This Iohn must professe , That the life of Angels relates to Christ as Head and Mediator of his Church , that is , if any thing , Christ came to redeem as well Angells as men , and either summon'd part of those lapsed spirits out of Hell , or recovered others that never had been condemned so low . This Iohn must further profess himself Subject to the wholesome discipline of the Church , and , to avoid ambiguity , the discipline of the same Church by which he is now called to this office ; so that the people that call Iohn are infallibly the Church , and this the Churches Discipline , though it hath not yet an establishment by the law . Farther , as a note of true Christian liberty , it is left at large to the people to require of him what other conditions or qualifications they think fit . After which in recompence for all this kindness and priviledge , they are to oblige themselves to take what he shall preach for Gospel , and to maintain Iohn — against all such as wickedly would rebell against God and his holy Ordinance ; that is , They are to make a tumult when Iohn holds up his finger and fight against the Queen her self as a rebell if , though never so deservedly , she suspend him from the exercise of his Superintendence or Over seeing , as they call it . At last , God is mocked in a prayer , and blasphemously craved his benediction and assistance in this work begun , which shall appear by and by to be nought else but the sin of witchcraft , a rebellion against his own annointed their Soveraign Queen . But all this while somewhat else was in hand beside the Superintendence of Iohn . The Lord Iames is sent into France , but with such limited instructions from the black Brethren , that he must by no means condescend that the Queen should have either the publick or private exercise of her Religion [ this is Christian liberty too : ] This would be to betray the Church of God , and expose the Reformation to danger , who making this reply , She may have it secretly in her Chamber , Who can stop her ? no body 〈◊〉 I , though every body meant it , they all shewed the danger , and let him go . But before his return , a little to stop the violence of these furious Reformers , comes over an Ambassador from France with three demands , the last of which was , That the Bishops and Churchmen should be restored in their former places , and be suffered to intermit with their livings . The Council were not very ready to give him answer , but put him off to the Parliament in May , and then having no stomack to sit , feigned a dilatory pretence , That they would wait the certainty of the Queens pleasure , whereof the Bishops having assurance good enough held a meeting at Sterlin , and the Loyal Nobility were busie in executing Her Majesties comands , the end whereof the prophetical brethren not liking very well , rub'd up their invention and fram'd a jealousie of the Queens authority to be usurped , and their alleageance moved them ( tender-hearted men ) to meet as numerous as they could at Edenburgh , to prevent it . After this , as a most certain token of Rebellion at hand , comes a new supplicate from the Assembly of the Church to the Parliament ( met at length ) most humbly beseeching their Honors , that such order may be taken that they have not occasion to take again the sword of just defence ( 't is not the sword of the spirit they mean ) which they had willingly ●esigned over into their hands This wrestled so well with the civil authority , that hereby , writes Knox , got Satan the second fall after he had begun to trouble the state of Religion . Now returns Lord Iames with Letters from the Queen desiring the Lords to entertain quietness , and to suffer nothing to be attempted against the Contract of peace made at Leith , till her own home-coming . In obedience whereunto , having dismissed the French Ambassadour with a negative to all he brought , they divide themselves into several squadrons , burn and ruin all the Monasteries and religious houses they come near , and this in such a trice , that they accounted it little lesse than a miracle , and bragg'd that God wrought potently with them by his hand . It was time now for the Queen her self to come over , these Masters of mis-rule keeping no better order , whose sudden arrival surprised the Brethren , but upon several grounds and reasons drew a great confluence to her Court . The Reformers seem'd as officious as the best , wipe their mouthes and supple them into as smooth language as oyl , and drop nothing but honey at the lips , which the good Queen requited with all fair concessions of their liberty in Religion , reserving onely the priviledge of her Family ; but this was against the Lord Iames's instructions , to testifie their adherence : whereunto , her devotions disturb'd , and had not some better temper ( that is a stronger hand ) interposed , her Chappel had been in all likelihood raz'd unto the ground , for the Book of Discipline affords it no singular indulgence , which the Preachers vehemently exhorted to have ectablisht by an Act and publick law [ of the sword , ] affi●ming , That if they suffered things to hang in suspence when God had given unto them sufficient power in their hand , they should after sob for it , but should not get it . In order whereunto , the Earl of Arrane protests against the Queens Proclamation , That Gods Law having pronounced death to the Idolater — he would have it universally observed . Vniversal includes all particulars , and so the Queens not exempted , but the meaning is , if she say her prayers according to the perswasion of her c●nscience , she must dye . To enforce this , Iohn Knox preacheth a most violent Sermon , enveigheth against Idolatry , addes , That one Masse ( he confesseth there were no more suffered at first ) was more fearful unto him than if 10000. armed enemies were landed in any part of the Realm of purpose to suppr●sse the whole Religion : And because he improved not the mystery of this clause into an actual rebellion , he professed himself a very formal penitent afterward , that he had not spoke his meaning plainer ; that he had not directly animated them to put their hands to the work of the Lord [ that is , execute his law against Idolaters , and murder the Queen for maintaining a single Masse . ] The good Queen for all this admits him to her presence , reasons mildely with him about the point , wherein she so accutely and judiciously acts her part , that she makes him maintain all the absurdities incident thereunto . Opposition to supream Majestrates by the sword : That the Israelites in Aegypt , Daniel and his company in Babylon , and any of the children of God otherwhere , would have made resistance by the sword , if God had given them the power and the means . To the proof of which , in behalf of the Primitive Christians , I wonder he cited not this of Tertullian , Vrbes , insulas , castella , municipia , conciliabula , castra ipsa , tribus ▪ decurias , palatium , Senatum , forum impleverunt , they were numerous enough , yet no Knoxes among them , nulli inter illos Albiniani , nulli Nigriani , nulli Cassiani . The dispute being ended , he gave this manerly character of the Queen ; That there was in her a proud mind , a crafty wit , and an indurate heart against God and his truth . After this the matter of Religion for the Queen and her Family was more publickly agitated between the Nobility and Ministry , neither party convinced ▪ and so each to other made opposite conclusions . Many Lords retracted their subscription to the Discipline , and drew into question the expedience of Assemblies . This put them upon offering the Discipline to the Queen , which Her Majesty absolutely refused . Hereupon the state of the question is altered , and Burrowes a bold fellow , is set in the front of a seditious party , to put up articles about maintenance for the Ministry of the Reformation . For quietness sake to this purpose , the Bishops relinquish the third part of their revenues , to settle which , Commissioners are ordered , and to satisfie any of the discontented faction , proclamation is made , that it shall be dispatched with all possible speed . Some makes jests upon it , as the Earl of Huntley bids Good morrow to the Lords of the two parts . But Knox who gap'd at the whole , said in earnest ; That the Spirit of God was not the author of it , for he saw two parts freely given to the Devil , and the third must be divided between God and the Devil . The regret at this so sticks in the stomachs of him and his Assembly brethren that they are fain to have recourse to their usual remedy , and disgorge it in a filthy supplicate to the Queen , part of the contents were these : Gods hands cannot long spare in his anger to strike the head and the tayl , the inobedient Prince and sinful people — They presse the Queen again to forsake the practice of her Religion , and revile it as the fosterer of whores , adluterers , drunkards blasphemers of God , &c. threaten that the obstinate maintenance of it shall in the end be to her destruction of soul and body , if she rep●nted not — declare They could no longer keep silence , unlesse they would make themselves criminal before God of her bloud , perishing in her own iniquity , and they plainly admonish her of the danger to come — They humbly require that Bishops may not be set up again , to empire above the people of God , for they fear that such usurpation of their former estate will be neither in the end pleasant to themselves , nor profitable to them that would place them in that tyranny — That if the Papists think to triumph where they may , and to do what they list , where there is not a party able to resist them , that some will think , that the godly must begin where they left . But the equity and civility of tendring such language was discussed between Secretary Lethington and the Brethren , who advised them upon any grievance to make complaint and appeal to the Law . Here one mends the matter and saith , If the sheep shall complain to the Wolfe [ the Queen ] That the wolfes whelps have devoured the lambs , the complainer may stand in dange● , &c. After such cautious reasoning , as Knox calls it , the supplication was left to the Secretary to review , who moderated the language , but not so as to gain a grant from the Queen , nor indeed did the Brethren expect it , but took advantage hereby to pursue their design to stirre up the people by certain emissaries s●nt from the Assembly , of whom the great incendiary Knox must be one , whose gospel had the usual successe in Kyle and Gallowoy , the chief Professors meeting at Ayre , where they covenanted to maintain the Ministers of the evangel against all persons , power and authority , that should oppose themselvs to the doctrine propounded — So that whosover should hurt , molest or trouble any of their bodies , should be reputed enemies to the whole — except he submit to the government of the Church then established [ they say not by whom . ] At the next Assembly were great complaints made about the Churches lacking Ministers ▪ and Ministers their stipends , &c. For redress hereof some thought of a new Supplication , others mentioned that no answer had been given to the former . So that for such things which could not be done without the Queen , they ●eem'd to express themselves dutifull subjects in waiting her pleasure , the rest that could , they did by themselves , not craving her consent or approbation , unless in mockery to make sport . But because the law kept not pace with the Brethrens haste , nor , as they thought , the Queen with the law , they take an easie occasion for a quicker dispatch . Having discovered some Priest that said Masse at Easter , avow'd by the Bishop of St. Andrews contrary to the Queens Proclamation , they take justice into their own hands , clap him up in prison , whose pardon the Queen could scarcely obtain with abundance of tear● : punish others , and give int●mation to the Abbot of Cosragnel , the Parson of Sangohar , &c. that they should neither complain to the Queen nor Council , but should execute the punishment that God had appointed to Idolaters in his L●w , by such means as they might wherever they should be apprehended . This incensed the Queen , yet put her not beside a temper'd discourse with Iohn Knox ( whose you may be s●re had been this bloudy advice ) to whom Her Majesty propounds this question : Will ye allow that they shall take my sword in their hand ? who answered , The sword of justice is Gods — and they that in the fear of God execute judgement where God hath commanded , offend not God , altho●gh Kings do it not ; neither yet sin th●y that bridle Kings to strike innocent men in their rage . The Queen yielded not to his reason , she did to his power with her poor deceived lieg people : And so strickt she was in observing her laws made against her own interest , that she suffered the Bishops and d●vers other Priests to be summoned before the Earl of Argile , accus'd and committed to prison . In requital for which act of impartial justice writes Iohn Knox , All this was done of a most deep craft , to abuse the simplicity of the Protestants , that they should not presse the Queen with any other thing concerning matters of Religion . A good encouragement for Princes to grant any thing to the Presbytery , when by their largest concessions they shall obtain nothing but the character of politick deceivers , gain neither upon their affection nor duty . Indeed the more reasonable part of the Nobility and people did somewhat reverence the Queen for her great largeness , and decl●n'd for some time being further importunate instruments of her trouble , or the Clergies imperious tyranny upon her conscience , which made an absolute breach between the Earl of Murray and Knox , who denounced Gods judgements upon him for his coldness in his service : The like he did publickly in a Sermon to the rest that should consent to the Queens Marriage with an Infidel ( for such are all Papists with the Presbytery , though they hold the same Creed ) which he said was to banish Christ Iesus from the Realm . These and other his ex●travagancies were such as disliked both parties , who concurred to have him question'd by the Queen , which , poor Lady , she could not do ( according to his desert ) for the passionate cries and tears which , this Tiger confesseth , burst out in such abundance , that her Page could scarcely furnish her with Handkirchiefs enough to dry her eyes . To whom all the apology he makes is , his moderation used out of the Pulpit , a falsehood , as may be evid●nc'd by his other discourses and Letters , as likewise in that he said , He was not master of himself , but must obey him who commands him to speak plain , and to flatter no flesh upon the face of the earth . The Queens grief had so prevail'd with her , that he was commanded to wait a time in the next chamber , where , to testifie his compassion and sense of those Royal Tears , he entertained merry discourse with the Court Ladies , jeering them about their beauties and apparel . At last he had liberty given him to depart , and that ( according to the Queens good nature ) without a c●nsure . In recompense of which kindness , two Felons Armstrong and Cranstone being to undergo the tryal of the law , Iohn Knox , ( to whom , by his own acknowledgement , the charge was given to make advertisements whensoever danger should appear , because zealous brethren ) summons in by Letters the Countrey to their rescue , for which the Master of Maxwell , his old friend ; discharged himself of a rebellious familiar , and never would own him more . He was again brought before the Queen and Council , but dismissed as formerly , though as impudently as ever he maintained all his rebellious doctrine , and blaspemously abused Scripture to confirm it . In December 1563. was another General Assembly , and several Petitions of Ministers presented , but their dutiful demeanor had not been such , as to win a speedy answer and grant of their demands . They complained of some such speech given them . As Ministers will not follow our counsel , so will we suffer Ministers to labour for themselves , and see what speed they come . To which the whole ▪ Assembly made this modest reply : If the Queen will not we must . Some dispute there was between the Lord Secretary Lethington and the Brethren ▪ Go●dman being their speaker , for Iohn Knox was sullen and musty at that time , having lashed out so far , that some even of the Protestants themselves said , What can the Pope do more than to send forth his Letters and require them to be obeyed . At length he made a speech , wherein he desired to have his actions justified and owned by the whole Assembly , or else he threatned he would never in publick , nor private , as a publick Minister open his mouth in doctrine or reasoning . The Brethren trembling at this immediately voted and avowed his fact to be the fact of the whole Assembly . But this with the rest , alienated the affections not onely of the Queen and Court , but of rational Lay-Protestants from their Ministers , whereat they , hating the name of Dumb dogs ( which was the insepar●ble title of the Bishops ) barked aloud every day in their Pulpits , but as it happened this was no time to bite . In the next Assembly 1564. their words were scan'd , some advocates they found , but more accusers . Here , as in the other , was a publick Schism● among the Reformers , divers Lords and Ministers withdrawing themselves , and transacting many things about the Church : At length they were drawn together to the hear●●g of Knox's Cause , which was very largely discussed between the Lord Secretary Lethington and him . The propositions maintained by Knox were these five . 1. That Subjects have delivered an innocent from the hands of their King , and therefore offended not God . 2. That Subjects have refused to strike innocents , when a King commanded , and in so doing denyed no just obedience . 3. That such as struck at the commandement of the King , were before God reputed murderers . 4. That God hath not onely of a subject made a King , but also he armed subjects against their natural King , & commanded them to take vengeance upon him according to his law . 5. And lastly , That Gods people hath executed Gods law against their King , having no farther regard to him in that behalf , than if he had been the most simple subject within the Realm . To the proof of these , holy Scripture and Ecclesiastick History is shamefully wrested ; all the extraordinary precedents in the Old Testament forced to justifie the new practice of the Schismatical Scots , and Iohn Knox made as familiar with God , and as private to his most secret counsels , as any of the Prophets or Apostles in the Bible . These are to this day the doctrines of the Disciplinarian Brethren , by which Kings and Princes may see how much concerned they are to beware of , and by an indispen●able coercive power , when they have it , to restrain them : And all good subjects are to abandon utterly their opinions and practice , lest the Devil possesse them , as from the beginning he hath done these swine , and cast them down headlong into Hell . At the end of this dispute , much ado there was about the votes of the Assembly , but their divisions being many , they at last advised Knox to send for the opinions of Calvin and other eminent Divines in the Reformed Churches , which he cunningly declin'd , pretending he was assured he had them all on his side ( a pretty credit for the forreign Reformation ) and would not so wrong his cause as to call it in question before any of them . And so , re infecta , the Assembly brake up . Not long after the banished Earl of Lenox had leave to return into Scotland , and was graciously received by the Queen . In favour of whom , that he might be restored to his lands , Her Majesty intended to call a Parliament , but desired the Earl of Murray that nothing about Religion might be mentioned ; He said , he could not promise it , for the precise Ministry , as they were now called , did not use to stand to the Queens curtesie in Church aff●irs . Nor did they now forbear , although they knew Her pleasure , but gave in again their old factious articles , and ordained many things in their Assembly about the Church . Now begins the Queens affecti●on to shew itself toward the young Lord Darley , and Secretary Lethington is dispatched into England to signifie to Queen Elizabeth , that she minded to marry him . Whether in reference to this or no I know not , but Pope Knox's Bulls are dispersed abroad , and the Brethren of Edenburgh , Dundee , Fife , &c , summon'd to come in and arme themselves to make a new supplication to the Queen , which was presented in very dutiful manner ( no question ) by the Superintendent of Lowthian , wherein Her Majesty was advised to take heed of the matter , if any Idolatry and Superstition were used at Easter following . The poor Queens task was hard , having two Popes to please , but this nearer home threatening greater mischief to her Crown and person , must be served first , and accordingly prohibitions were sent out to all suspected places and persons , especially to the Bishop of St. Andrews and Aberdeen , not to use Masse . And that they should not do any such thing as was feared by the Protestants , or convene any Council , &c. This stopt not the strickter inquisition of the Precisians , who intercepted Sir Iames Carvet upon the road , having it should seem , been at some private Masse , revested him with his garments , carried him to the Market-Crosse at Edenburgh , bound the Chalice to his hand , and him to the Crosse , let him stand there an hour or two for the boyes to throw egges at , which they called , Serving him with his Easter egges . This popular piece of justice was approved afterward , and seconded by a grave censure to the same punishment at the Assize , onely for some solemnity , he had appointed to him the attendance of the Hangman . The Queen sent a serious Letter to the Provost & Bayliff , to proceed legally with the seditious executioners of justice , but hereof was little notice taken beside setting Sir Iames and his company at liberty upon Her Majesties special Command . In the month of May following some of the Precise Nobility and Clergy being angry that they failed of a design they had against the Earl Bothwell ( whom they summon'd to Edenburgh , but he diverted toward France ) turn'd their Law-Court into an Ecclesiastick Assembly , and , without any authority from the Queen , sate down to consult about maintaining of Religion , but Her Majesty knowing by custome that would end in a Rebellion , cites them all to Sterlin about her marriage with the Lord Darley , and to subscribe a Writ about obedience to him as their Soveraign , which the Brethren that bent themselves every way to cross her , caused the Earl Murray to refuse , till some conditions about religion were consented to on her part , and a Convention ordered to be at St Iohnston to that purpose . A day for which being prefixed , that a business of that consequence might be the more sedately and peaceably deliberated on , the principals of the Precisians summon in what strength they could out of the Countrey , which Her Majesty fore-seeing was to force her consent to whatsoever they would propound , put off the day till she had advised with her Council , after which the 23. of Iune following was appointed , but the Queen being by that time too well guarded agai●●t the intended violence , the Brethren had no stomack to assemble ; and to divert the Earl of Murray , who ●as going thither , feign a formal sto●y of a design upon his person . That the Lord Darley should discourse with him and draw him into a dispute , whereupon David Rizio ( of whom more shall be said hereafter ) was to strike in , and with some other Assistants that were in readinesse , murder him . To colour the Earls absence , was given out that he was taken with a flux , and lay sick at Lochlevin , where he remained till the Queen came to Edenburgh . In the interim , there is held a general Ass●mbly of the Church Iuly 24. By this time the Brethren had mustered their strength , and were resolved to capitulate to the rigour with the Queen , six very modest Articles are drawn up , and sent by five Commissioners to be ratified by Her Majesty in Parliament . The first and fifth of which were to have her sign her own death , in case she altered not her Religon , for the Papistical and blasphemous Masse , with all Papistical Idolatry , &c. must be abolished throughout the Realm , not onely in the subjects , but also in the Queens own person , with punishment against all persons that should be deprehended ( Her Majesty expresly named in the former , and not excepted in the latter , and the punishment appointed for Idolaters is death , as they every where mention ) The Queen having received this pleasing message departs privately to Dunkeld , whither she is persecuted by this Commission , prevail'd with for audience , and importun'd for a dispatch . In her answer she delayes them for eight dayes , after which she intended to be in Edenburgh with her Council . To gain Her Majesties concession the Brethren arm themselves and assemble at St. Leonard Crag . The Queen saw it was now high time to speak her mind , which she did in a particular return to the six Articles . To the first , she onely demanded of her subjects what she freely gave to them , liberty of Conscience in the exercise of Religion : hoped they would not press her to receive any religion against her conscience , which should be unto her a continual trouble by remorse , and a perpetual unquietness . And to deal plainly , Her Majesty neither will nor may leave the Religion wherein she hath been nour●shed and brought up . But the Brethren still prosecute the religious cause , and to prepare it the better for the Parliament approaching ▪ the Earls of A●gile and Murray , &c. meet at Sterlin to consult . The Queen takes this ill ; s●nds her two Advocates Mr. Spense and Mr. Crichton , who c●uld by no means perswade them to come to Edenburgh . The Queen p●orogues the Parliament to the fi●st of September , preparing by Letters and Proclamations to be in as good a military posture of defence as they could . Upon the 18. of Iuly Proclamation was made for obedience to be rendred to the Lord Darley as King , the next morning he was Married to the Queen , notwithstanding such disturbance intended as the Queen was fain to raise an Army to secure her in her Marriage . The Precise Lords had appointed the rendezvouz for their forces the 24. of August , and a countermand issued out from their Majesties to attend them at Linlithgow the same day . But upon the 19. day of that month Iohn Knox preacheth before the King at Edenburgh upon Isa. 26.13 . O Lord our God , other Lords besides thee have had dominion over us , but by thee onely will we make mention of thy name . He declaims against Tyrants and wicked Princes , saith expresly , That God sets in that room ( for the offences and ingratitude of the people ) boyes and women — That God justly punishe● Ahab and his Posterity , because he would not take order with that Harlot Iezabel . The King knew whom he meant , and forbore his dinner out of anger . Knox was summon'd before the Council , and wisht to abstain from preaching for some few day●s ; He answered , That he had spoken nothing but according to his Text , and if th●Church would command him either to speak or abstain , he would abstain So far as the word of God would permit . So the Kings command must give way to the Churches , and Iohn Knox regulate the Churches too according to the word , The Lords range up and down the Countrey to encrease their strength , but find not what success they hop'd for . This makes some divisions in their Councils , Murray and Glencarne were for an accommodation ; the Hamiltons put no confidence in peace , pretending the enmity of Kings was implacable , no other way to be extinguished but by their death . This harsh advice took place with none but such as adhered to them upon a mystical reason , their nea●●itle to the Crown : And many others looking upon the quarrel as prosecuted upon private interest , more than the publick good , which was pretended , deserted their party , and so infirmed their strength . The remnant sent a Letter to their Majesties , flattering their persons , but enveighing against their Council , putting in some caution for Religion , and menacing a hard market for their blood , if sought . The Princes guessing this might be to gain time , remitted no whit of their Military care , but made hard marches , the weather being very bad . At St. Andrews Proclamation was publish'd to inform the subjects about the true state of the difference , demonstrating to them that nothing lesse was mean'd than Religion most pretended ; how hardly they were used , according to Mr. Knoxs's Doctrine , like Boyes and Gyrls in their pupillage , the Lords appointing their Council as their Guardians . The Ministers all this while were no cyphars , but knowing their Majesties were somewhat necessitated for money to pay their Army , which was come to a considerable number of 18000 men , thought it the fittest time to supplicate for their meanes . This piece of impertinency was easily swallowed among greater troubles , their authority being not such at this time as to stand upon termes , and expostulate at length the Holy Lords of the Congregation being confiscate and banish'd : Therefore they fall to their Prayers for patience , comfort , and constancy to the exil'd , which Iohn Knox did not without honorable mention of them as the best part of the Nobility , the chief Members of the Congregation . But prayers and tears were not wont to be the onely arms of this new Church , and though they had no other at present , yet some course must be taken to reduce them into possession of such a power . This cannot be done without the exil'd Lords return into the Countrey , for which their Letters and missive supplicates not prevailing , enquiry was made about the principal obstruction , the common current of the Queens favour and mercy diffusive enough . requiring naught of the most delinquent Subject , but to take the paines to stoop and taste it as he pleased . This was found to be David Rizio Her Secretary , who by the excellency of his parts , and fidelity of his service , in these many turns of treachery and falsehood , had rais'd himself to an intimacy with the Queen , much beyond the quality o● his Birth , or place in Her Court . The Brethren had no such free accesse to the retirements of the Royal Palace as afforded them an opportunity to commit such a rape on Majesty as this : nor could there be they thought , a better hand than the King to rend in sunder the Queens heart , and rifle thence , by prerogative priviledge , the counterfeit of her dearest servant , whom they were resolved to have thrown out of the world , that she might never more have benefit by his Counsel , nor content by his presence and attendance . But such transcendent wickedness as this requires supream providence to guide it , nor can any miraculous mischief be wrought but by the plenipotence of Heaven . To this purpose a Fast is proclaimed by the Assembly , and observed , No Fast for strife and debate , nor to smite with the fist of wickedness ; such a Fast , no doubt , as the Lord had chosen , to undo the heavy bu●thens , to break the yoak , and to let the oppressed go free . The Kings head is daily possessed by convenient instruments with variety of jealousies about his Queen : her privacies with David Rizio are suggested as no arguments of her matrimonial fidelity ; and the precedence of her name before his ( Her paramours invention ) did derogate as much from the due authority of an Husband , as from the Majesty of a King . Naught but David Rizio's removal can make way for the future innocency of the Queen : and very just is it thought that his heart blood should blot out his hands error in the writs . But bare-fac'd murder is not so beautiful as to draw a tender Conscience to embrace it . Religious mask may hide somewhat of the horror , and necessity of state animate , an adventure to take it by the hand , which the Lords of this black Council weighing with themselves , propound three Atticles to the King . Establishing the Religion . Recalling the banish'd Lords , and in the rear of these , The murder of David Rizio . His Royal word might vanish into ayr , and be no standing evidence for the security of the actors , who presse for a subscription by his hand . The discourse alone upon this is enough for an after-claim to his consent , and the counterfeit of his name to give his disavowing Majesty the lie . Howsoever if his engagement were any , the reverence of a Father that advised brought him half way upon the misse-taken borders of his duty , and old Patrike Ruvens resurrection , who had for many moneths been bed-rid : but skipped very lively into this action , might impose on his youth as an oracle from the dead . Upon the Saturday before the Tuesday prefixed by the Queen for the attainder of the Lords , this cripled assassin in the company of the Earl Morton , Lord Ruthuen , Lord Lindsay , &c. broke into the presence , and in Her Majesties sight who was then great with child , carry violently away her servant of greatest secresie and trust , and within a Chamber or two by fifty three stroaks with their whingers or daggers , murder him for the advancement of the Discipline , which work now goes on a pace , the Earl Murray and the banish'd Lords returning to the Court upon a pretended summons from the King These with the Murderers sit in Council , desire the Queen to take the act for good service , because hereby were so many Noblemen restored . The poor Queen was fain to be silent in what she could not help , and not knowing how soon her own turn was to come , as an essay of their intentions , desired the armed Guard might be dismissed , for granting which the cruel Brethren count the King uxorious and simple , the Earl Murray facile , and the other Lords too inclinable to submit . Her Majesty though good natur'd , was neither stupid , nor partial when indued with exercive power . The blood of Rizio called upon her for Justice more then the memory of his good service , or her own affection did incite her to revenge . This opportunity she took to summon her loyal Subjects to Dunbar , whither Her Majesty privately withdrew . The guilty Lords did not like to have any armed assemblies appear but their own , and accounted it an entrenchment on their priviledge for the Queen to act any thing but by their counsel . At the same time and * place where they should have answered to their charge , they convene to protest against the Q. proceedings , yet wanting that which was wont more then either their authority or innocency to spirit their dispute , they disperse themselves to seek each a single sanctuary in a corner . The King and Queen in March were attended with a strong Guard to Edenburgh , His Majesty having before by Proclamation quit himself , not onely of the guilt , but all fore-knowledge of the murder ( which is not inconsistent with what was said of an article propounded , so they acquainted him not upon his refusal with their designe ) search is made by order after the actors and partizans , care being taken that the Brethren which so zealously prayed and fasted for poor Rizio's death , should not surfeit at their leisure on his blood . The common hackney-interruption of every Royal enterprize or process was the humble and lamentable complaints of Her Highnesses poor Oratours , the superintendents and Ministers , &c. who still want 〈◊〉 meanes , and at this time , it may be a reward for their late service . But here they fetch their breath short , and cannot lengthen out their supplicate as heretofore , to abolishing the Mass , & antichristian Bishops , the temporal sword was wanting which should strengthen their weak hands , and confirme their feeble knees . The Queen gratified their present modesty with a promise , although the Assembly was nice in owning her gracious performance afterward , for the writ of maintenance subscribed by Her Majesty being publickly presented , they take time to deliberate about acceptance of it from her hand , and answer very gravely , That it was their duty to preach to the people the Word of God truly and sincerely , and to crave of the auditors the things that were necessary for their sustentation , as of duty the Pastours might justly crave of their flock ; and further it became them not to have any care . Which plain contradiction can ad●mit of no other Salve but this . That they wanted not the subsistence , for which they so frequently and importunately petition'd , nor had they any desire to be answered by a grant ; but this colourable pretence they could ever make use of to usher in their more peevish demands , upon denial whereof , or ( which they made ever equivalent ) delay , the publick commiseration of their poverty who laboured in the Gospel melted the peoples loyalty into a tumult . About this time comes matter of joy for all , though upon several grounds , and different hopes of advantage to be made by it , the birth of a Prince , of whom if the Brethren can get the godly education , and mold the new d●scipline into his creed , there can be Gospel enough beside Knox's Book against the Empire of Women , or else club law , which is better to prevail with the Queen for a surrender of the Crown and Scepter into his hand . In reference hereunto , after thanks and praises , are made many supplications to God , and wishes ( more powerfull perswasions being wanting ) that he might be Baptized according to the manner of the Reformed Churches in the Realm . But the Bishop of St. Andrews is thought to have a more authentick mission then the Brethren , and the Sacrament efficacious from his hand though none but boyes could be got to bear torches at the solemnitie of the Christening . This check to the Discipline seemed ominous , and if the future removes in the Princes education should be answerable , the Brethren saw they might be mated in the end . The King had either taken no impression by their counsel about Rizio , or retain'd very little of it after his dispatch . He had been so uxorious as to put the bloody Lords to shift for themselves , and being given to his sports might possibly leave the yong child wholly to the Queens disposal ; at the best he was but a Cypher in Religion , and fill'd up the room of a more significant figure , a Regent , or Protector of the Prince . The strong reports of his engagement against Rizio hath wrought a visible suspicion in the Queen , and that will be enough to draw a popular jealousie upon her self , though Murray and his complices be the true politick Assassins that act a second Trajedy in the murder of the King . Howsoever this bloody businesse was contrived and executed , the Corps of the murder'd King was thrown into a Garden , and one of his Servants strangled with him , the house where he lay in Edenburgh blown up in triumph for the designe taking effect , or as a signal to the Brethren to blaspheme God by their midnight Thanksgiving . Now was the poor Queen once again reduced to her solitude , without the comfort or assistance of a Husband , in greater haz●rd of her peace and security then ever by what she foresaw would be act●d against her by the Reformers under the umbrage of her Son . To prevent what she well could of this mischief she casts her self upon the despe●ate adventure of a sudden marriage . The experience she had of Earl Bothwels trust , and the clear opinion the world had of his courage led her nuptial affection unto his comely person by the hand . The intended divorce between the Earl and his Lady upon the lawfull ground of too near consanguinity would assuredly set him at liberty for her purpose , and Her Majestie thought Religion as well as policy might be had to justifie his help , being then at leisure , in supporting of a Crown , she presum'd on her innocency to quit her from the slander of the Brethren about her former familiarity with the Earl , and upon the justice of the Law to wash his hands in the sight of the world from the murder of the King . What other inevitable difficulty , she must encounter , she left to providence and the fortune of war . And if by all the faire meanes to be used the precise mouths could not be stopt from shooting bitter words , and sharp arrows against her person or government , she saw no way left but to hold their hands , and ●ut their venemous tongues out with the Sword . But the Brethren were never wont to be backward , to raise a Rebellion in their own defense as they call'd it , and much more unlikely is it they should be now when a young Prince was committed by Heaven unto their charge . The fountain-head for sedition was most commonly at Edenburgh , which now had for a Conduit Iohn Craig the Minister , who declaimed fiercely against the divorce and marriage , and as boldly as could be maintain'd his discourse when he was question'd for it before the Council . Hence tumults beginning , the Queen thought to seize the Castle of Edenburgh to suppresse them , which she demands of the old Earl of Marre , who , though sick at Sterling ▪ advis'd by his Confessours would make no surrende● , and exchange he would for no les● then the person of the Prince . The condition was hard , ●et at length consented to by the Queen , who might have saved some part of her future trouble it may be her head , if when she kissed and shook hands with her Babe , she had taken off her Crown , and thrown it into the cradle , for now we hear of no more Supplicates , and humble addresses to her ; they had now a Royal Infant in their hands , whom as young as he was , they had taught to speak far better language then his Mother , and to act ( with good authority and judgement no question ) their hearts desire in behalf of the D●scipline . The Queen may now proclaim what she please , as she did , they say , large favours towards the poor Protestants , she mistakes her self , they are no such men as mean to live on her almes , having got her onely jewel in possession , and will have very shortly her Crown ; but they had not hands enough yet to remove it , being like a nail fastened in a sure place of Female magnanimity , and innocency , and the Throne had by late marriage acquir'd a stout Champion to protect it ; nothing now but sl●under and violence can get it into their power , and they must be sure to coyn the former of good mettal , whereby to purchase an effectual assistance in the latter . They set up shop at Sterlin , and hammer out a conceit that the Queen and Earl of Bothwell had an undoubted resolution to murder the young Prince , and next a band or covenant to protect him . But Argile one of the banded Lords , could not sleep well with this shackle about his Conscience , and the next day reveals the conspiracy to the Queen . She hath many of the Lords that adhere to her , & a daily access of strength from the common people But Her Majestie makes first approaches by her goodness ▪ before she moves toward the conspirators with her power . Having proclaimed a Grant of their demands for Religion , she doth the like to the other Article of policy , and passeth her Royal promise to be hereafter guided by the advice of her Nobles . This they thought was to direct a way to Sterlin , where having yeilded all , it might be taken for reason or a civil favour to gratifie her with the restitution of her Son . To intercept her in this hast they besiege Her Majestie and the Earl at Borthwike Castle , where nothing was wanting to the surprisal of their persons but the Earl of Athols men to stop a passe , by which they both escaped to Dunbar . The Rebells thus defeated in their plot , make what hast they can to Edenburgh , where they found no hard entrance into the City , and they pretended to some underhand favour from Balfour Governour of the Castle ; yet as guilt is prone to suspicions and fears , they confide not so much in their friends or strength , but that divided in their counsels the prevailing party inclin'd to a disbanding and shifting for themselves ; but the Queens Army drawing near , despair of mercy made them resolute , and united their factions to hazard all at once . Musselburgh field was the place where both Armies met , and being ready to joyn battail ▪ Mon. Croke the French Agent unhappily interposeth for a Treaty ; gets the Queen to promise pardon , and then offers it in her name to the Lords of the conspiracy ; they had no mind to take her word , nor his , and the Earl of Glencarn very majestickly told him , They came not thither to take , but to give pardon at their pleasure . The Queens yeilding to this parly put a jealousie into her Army that she had no great faith in the good fortune of the Battail , and Glencarns bold answer spake a too fixed resolution in their enemies . This , and some treachery that was acted in the dark , made a great party declare against the business for which they came into the field . The Queens passion , running too quick a division upon intreaties and menaces , evidenc'd to them the distraction of her m●nd , which at length brought her to a precipice , & threw her into a ruine , She sends to treat personally wth the L. Kirkaldie of Grange , with whom he holds a discourse while the Earl Bothwell of late made Duke of Orkney was out of present danger . Afterward Her Majesty goeth with him to the Rebels , by whom she was at first received with as much reverence as hypocrisie could counterfeit , which being only a false paint upon the van or front of the Army , when she had made a little farther entrance , she heard a loud cry , Burn the Strumpet , and Parricide , Burn the Strumpet and Parricide , This courtesie pursued her untill she was welcom'd by a Pageant , a fair banner displayed , wherein was pictur'd K. Henry , ( the Lord Darley ) that was dead , and a little Infant ( the young Prince ) at his Prayers to God for revenge upon the murderer . This was carried by two Soldiers between two Spears , and which way soever the Queen turn'd her face . as maliciously as might be , this was presented to her . When the poor innocent Lady fainted not under the burden of her guilt , but impatience of this most unchristian reproach , they held her upon her horse , and the banner still displayed on purpose it may be ( there being more yet undiscovered of the designe ) to affright her Royal Soul into her body , if it attempted to spring out . Being somewhat recovered , they hurrey her toward Edenburgh , but her faintness of spirit , after the late torture , declining so great hast , a common Souldier was instructed to cry out , You linger to no purpose ; The Hamiltons are not at hand here for your rescue . When they had brought her to the City , they thrust her into an Inne , where if she look't but out at window , to weep at that liberty , as the tears trickled down with the sad sound of her sighs , & the pitty of some tender hearted people ascended in a whisper , she was sure to have that cursed banner a fresh presented , which forced her to this choice , a perpetual rack , or close imprisonment , yet the Rebell● fearing the effects of such still conference between a distressed Queen , and her commiserating subjects , post her the next day to a Castle in the Isle of Lochlevin ▪ where a proud harlot insults and tra●ples upon her calamitous person , while her ambitious bastard playes the part of a pretender to the Crown . And now it was high time for the godly Ministers to meet in an assembly , and with the Seal of the Spirit make good all these proceedings ; which they did , and farther service , for the Hamiltons had got a strong party of the Nobles , and as great an Army as the Brethren . To these and to diverse N●utrals were sent several conscientious letters from the Cl●rgie , to summon them in for the setling of Gods true worship in the Church , beside a spiritual quaternion of Iohn Knox ▪ Dowglas , Row , and Craig are deputed Commissioners with instructions to like purpose , in expectation of whose return was the Assembly prorogued . But so much time was lost , for neither soothing Letters , nor supling language could prevail for their company . This summons , though rejected , was sufficient to authoriz● the faction at Edenburgh , to combine in the maintenance of some such Articles as these . That all crimes and offences against God should be punish'd according to Gods word , &c. but they make no particular mention , as that doth , of Witchcraft and Rebellion . That they would protect the young Prince , against all violence , ( his Imprisonment at present they counted none . ) That he should be committed to the care of four wise and godly men . The first time , I have heard of a Clerical Assembly chusing Lords Protectors , That they would set up and further the true worship of God , — and all that may concern the purity of Religion , and life . And for this to take arms if need require . They should have added , Where need requires another pretense , they would take that for taking arms , or if it please them , take arms without any . That all Princes and Kings hereafter in this Realm before their Coronation shall take Oath to maintain the true Religion , which if they do , to be sure theirs is out of protection . This being done , the Assembly brake up . But all this while they were troubled how to r●d their hands of the Queen , who , though a prisoner , had yet such authority at liberty as prevented the Brethren from being absolute in their power . In consultation about her , some were for a conditional restitution , others for a legal Tryal , deposition , and condemnation to perpetual imprisonment ; but Knox and the meek-sp●rited Assembly-men , upon some holy inspiration publish'd this mercifull censure in their Pulpits , To have her divested of Royal authority and executed , which took effect in the end , although not in so short a time , nor by the same hands they then hastily desired . Queen Elizabeth of England , whose Royal dignity did rather cherish her in , then exempt her from , an eager emulation , which is very inseperable , ( in some cases happily incident ) to her Sex , partly by that , and partly upon a conscientious care to preserve and enlarge what is call'd in the Mass , the Protestant Religion , the sincerity of which was ever pretended , but never mean'd nor practis'd by the Presbytery in Scotland ; and farther upon the jealousie she had of the great reputation , and growing power of her successor , had from time to time recruited the strength , and supported the fainting spirits of that faction ; yet at such opportunities , and upon such politick advantages , as gave all her actions the countenance of justice , and her self the honour of being as bitter to theirs : but when by the help of her Sword they had cut out their way , and got the Royal Scepter in their reach , like perfidious Rebells , ungratefull and cruel Murderers , as she call'd them , they turn'd the point upon her self , would stand no more to the courtesie of her imperious mediation ; denyed her Ambassador accesse to their Queen , and sent him back with a French Proverb in his mouth , Il perd le jeu , qui la isse , la partie , to bid her have a care to continue a Friend to their party , lest having got the fore-game for them , she lose an after-game , more considerable , when she playes it for her self . In the interim the Lords Lindsey and Ruthuen were sent to the Queen to have two Wri●s signed ; one for the renunciation of the Crown and Royal dignity ; the other to ordain the Earl of Murray Regent ▪ during the Princes minority . They having by their hard usage brought upon Her Majesty some infirmity of body , did her the courtesie to put her in mind of that as a fair pretense , why she gave up her Crown and Government , but to ballance that , they threatned her with Death if she refused . Whether Her Majesty set her Hand or no , is not so certain , as that it was proclaim'd she had , at the Market-cross of Edenburgh ; and soon after the young Prince Crowned King at Sterlin , where Iohn Knox sanctified his inauguration with a Sermon , and Earl Morton , one of them that kill'd his Father , with Lord Hume that mean'd as much unto his Mother , when he besieged her in Borthwike Castle , took the Oath in his behalf , That he should constantly live in the profession of the true Religion , and maintain it , &c. It 's no matter whether the King knows it to be true or false he swears to . The next solemnity was to proclaim the Regent , who was returned out of France , whither he had cunningly diverted to avoid the discovery about the murther of the King , and his personal appearance in the deposit●on of the Queen . After eleven moneths Imprisonment ( in all which time she was not once permitted the sight of her Son , which she earnestly desired , ) Her Majesty by the help of George Douglas , Broth●r to the Regent , makes an escape out of the Castle , and Island of Lochlevin , and within ten dayes got an handsome Army , and fought a Battail for the recovery of her right ; but her Friends that were stronger in their affections then arms , were unfortunately dispersed , and her self narrowly escaped to the borders of England . Afterward , having sent a Letter to Queen Elizabeth to crave protection in her Kingdom , as apprehending some danger in her stay where she was , prevented the Queens answer by her coming to Carliste . What passed before Queen Elizabeths Commissioners at York and herself at London , whither the Regent came , being only a discussion of the Scotch factions on all sides , and including title of the Clericall proceedings , I purposely omit . The Regent being returned into Scotland , meets with new commotions , rais'd by the opportunity of his absence ; and afterward was overtaken by that which pleas'd him worse : three desires from Queen Elizabeth in behalf of the banished Queen . 1. That she might be restored to her former Authority , and place . Or , 2. That she might be joynt Regent with her Son , aad her Name as well as his in all publick Acts and Writings , yet so as Murray should bear all the sway untill the King came to seventeen years of age : Or , 3. That , if the Queen of Scots liked of it , she might enjoy her peace in a private condition , and with it what honour should not be prejudiciall to the Royal dignity of the King ▪ Beside , the Queen of Scots sent 〈◊〉 Letter to demand a fair judicial hea●ring about the businesse of her marriage with Earl Bothwell , that if 〈◊〉 were found illegal , she might have the benefit of a divorce , and be qui● of that engagement . These were referred to a Parliament at Perth , where the last of Queen Elizabeths propositions were yeilded to , upon hopes to get her within the limits of their power , when she could have no pretense to raise a party , being divested of all her Royalties , and to be acknowledged as no other then a private person , and subject to the rigor of their Laws , by which within a very short time she might be reduced to her former condition in the Castle of Lochlevin . To the Queen of Scots Letter they make exceptions upon her assuming the title of Queen , &c. and when offer was made that that should be amended , and urged as a strange Paradox that they which had so much pressed the illegality and impiety of that marriage , would not now ye●ld unto a cognizance of the businesse ; they made many frivilous demurs , as to have 60 dayes given for the summons of Earl Bothwell , who was now in Denmark ▪ &c. and at last spake plainly , that they would have her send to the Danish King to take his Head off , and then she was at liberty to marry whom she pleased . Queen Elizabeth not liking the Perth Parliaments answer , nor the young Messenger that brought it , they call'd another at Sterlin , and from thence sent Pelkarn with a subtile enlargement about ▪ their declining the two former of her three Propositions ; but because they saw so long as the exil'd Queen had the countenance of Queen Elizabeth , she had oppo●tunity to encourage , and some means to assist their enemies , which now began to be somewhat potent ; they take a sure way , to set the two Queens at variance by severall suggestions , wherein what was true , had been done by Murray's advice , if not fi●st procurement , the private overture of a Marriage between the Queen of Scots , and the Duke of Norfolk : and what was false , they were sure would incense Queen Elizabeth , and prevent all possibility of farther mischief from the South ▪ Of this nature was That she had passed away to the D. of Andyn her right to the Crown of England , That She and the Duke of Norfolke intended to cut off the present Royall poss●ssours of both Kingdomes , which plot● must be discoverd by providence just at Pelcarnes coming to the English Court , whereupon the Queen and Duke were presently secured . After this the Regent Murray goes on with less opposition , and better success in Scotland , ye● in the midst of his victories was rewarded for his murders , rebellions and falsehood , being shot at Lithgow in the belly upon a private revenge , and so prevented of dispatching the young Prince , which may be very fairly guessed by his proceedings to be intended , his Mother boasting her self to have been the Wife , not the Harlot of Iames the fifth , and so this her son the lawfull inheritor of the Crown . The holy Brethren would fain had Murray cannoniz'd for a Saint and Martyr in the cause , and his bloud reveng'd they car'd not upon whom , so any of the Queens dutifull Subjests might be cut off . To bring such upon tryal as stood most in their way , were many popular supplicates presented , and what reason was rendred for deferring the enquiry , at least till the Assizes , if not rather till the next Assembly in May , they either take for a close compliance of their Peers with the Queens , or an impolitick yielding advantage to their enemies . At length some of the wisest began to put in questions by what authority they could proceed to this or any other execution of Laws , the Queen being deposed , the King in his non-age , and no legal establishment to be made of a successor to Murray in his Regency of the Kingdome . Fain would they have made use of an old by grant extorted from the Queen , but that they found null by the former election of Murray , and if now taken up for authentick , might be thought a recalling her Majesties authority from the dead . This not holding good , they leave all their sawcy French Proverbs behind them , and come fawning upon Queen Elizabeth in English ; she denies them as well advice as assistance , having before made plausible promises of both to the Queen of Scots , though her prisoner , The Rebe●l● were sensible what ground the Qu●ens party daily got by their Anarchy , & though their necessities hastened them toward a conclusion of somewhat , yet , not knowing what , they were to seek by what means , and in what method to effect it . Queen Elizabeth , who seem'd not full● satisfied with the thing , must not be disgusted by the person . The Earl of Lenox , the young King's Grandfather is pitcht on for several reasons looking that way ; and first upon some Assembly revelation he was chosen an Interrex or Interloping King , which soon after by some divine counter-light was discovered to be a monster in Government , suspected for Saturnes unnatural stomack , that might possibly devoure the young King and Iesus Christs Scepter to boot , which the Presbytery had given him to play with in his hand . To avoid this danger they divest him of his intercalary Kingship , and having no law upon earth to impower them , they furnish him with a Regency from heaven . And now in his time no question all Parliamentary as well as Assembly authority may plead to be by divine right , and their proceedings are justified by this extraordinary providence of God . Upon this Patent the new Regent reforms what he could by the sword , according to the true sense of the Discipline . The poor captive Queen in compliance with the principles of nature , and likewise in discharge of her civil duty ( who had the trust though not possession of a Kingdome ) by submisse , yet enough Majestick , requests in England ; by a mediation from France and Spain , agitates what she can for her liberty , and this for stopping farther effusion of Christian bloud in her Countrey , and preventing the progresse of oppressive tyranny over her party . Queen Elizabeth sensible of these unchristian proceedings , by her arbitrary power sometimes orders a truce between the Scots , gives fair answers as well to her prisoner as forein Ambasdours that interceded for her : adviseth with her Council , Wherein some were mis lead by too facile credulity of false informations from the North ; others , not improbably , corrupted ; all too much ad●cted to their own interests , and an overweening solicitude about the peace and security of England . This begat an overture too high and imperious for a magnanimous free-born Princesse to yield to ; put new thoughts and designs into the Pope , Spaniard , and French ; enlarged the breach between her English Subjects , ( for they had been divided and some unsatisfied in the proceedings relating to the Scotch Queen ) reviv'd and multiplied conspiracies at home . Into all these did the northwind blow the sparkles of the Disciplinarian Rebellion , which more or less encreased the flame where they lighted , if upon matter ready to fire with a touch . Queen Elizabeth finding her self environ'd with danger , and apprehending no possible security but in a perfect composure of the Scotch differences , in order to it calls upon the Presbyterian division for a new account about the deposition of their Queen . They exhibit a large remonstrance upon it , stuffed with so much pride and barbarous insolence , as left no place for religion , reason , or law , although they were great pretenders to the last , pleading Ancient priviledge of the Scotch peoples superiority to their Prince . This ( for which their Reformed Brethren may thank them ) they fortified with Calvins authority , and in some cases enlarged it to imprisoning and deposing Kings what , or wheresoever . They not onely justified their censure but magnified their own lenity to their Queen , as to the pa●doning of her life , to the succession of her son , who being in their power , and standing onely by their pleasure , no marvail if in this years Assembly and Parliament , all Acts and Statutes made before by him and his Predecessors annext the freedom and liberty of the true Kirk of God , a●e ratified by his name , whenas yet he could not superscribe them with his hand . Queen Elizabeth saw and disliked the drifts of these Antimonarchical maxims and practises , yet not resolute enough to trust providence with the preservation of her person . At the next meeting in the Lord Keepers House , persists in one of her principal demands from the Queen of Scots Commissioners to have , beside the delivery up of two strong Castles , the Duke of Castle Herault , the Earles of Huntl●y , Argile , Humes , H●ris , &c. to be Pledges or Hostages for the good behaviour of their Queen . This was to change one pri●oner for more , to disarm the Scotch Queen and turn her into a wilderness of wolves , or more savage beasts , ready every minute to devour her . The Bishop of Ross and her other Delegates , lookt over Queen Elizabeths shoulder and her Councils to see the black Assembly men vying hard for the honour of this fatal invention ; returned a modest answer to Her Majesty , , That this could not be yielded in Christian prudence , nor mercy to their miserable Mistresse , wch was repelled by the L. Keeper with that sharp reply , which , if any thing , cut off all mutual confidence in the Queens , That the Kingdome , Princes , Nobles , Castles , and what soever else was valuable in Scotland , could be no considerable pledge for the security of England . While matters were thus carried on there , both parties in Scotland by Queen Elizabeths order , enter into a truce which the Disciplinarians kept according to the articles of their faith , putting to the sword what persons of quality they wished out of the way , wherein the murder of their late King , and a feigned design to poison this now in being , served them very plausibly for a disguise ; They seized upon what Castles and Forts they could get by fraud or stratagem , without any great noise of armes ; among the rest , that on Dunbriton frith , where the fury of the meaner sort being slacked by customary murder , the wrath of the Regent and his sanguinary Chaplains must have a solemn holy sacrifice to appease it , which was the Archbishop of St. Andrews , whom they found in that Castle . He craved the ordinary justice of the law , but the fear of Queen Elizabeths mediatory Letters , or any other prevalent possibility to save him , carried him the shorest way by a Council of war , to be , as he was , dispatched at the Gallows . But divine vengeance not ●ong after found the Regent out at Sterlin , sitting secure , as he thought , in his Parliament of Rebolls , where by the hands of some on the Queens party , he paid the due debt of his bloud to the innocence of that holy Martyr whom he murder'd . And now the good Brethren haing divers months since , out stript the rebellious precedents of their ancestors , by leaping over the letter , and all pretentions of Law and authority in the election of their Regent , find themselves safe on this side all scrupulous trouble , and so without any more addresses into England , or home disputes about stating their power , commit their cause to the protection of Iohn Erskin Earl of Marre , whose first ominous repulse before Edenburgh , and mild temper inclining toward a composure , together with his impardonable endeavours to bring in again Archbishops and Bishops , drew such swarms of contentious Presbyters about him , that after thirteen moneths strugling with his own Conscience and their unconscientious proceedings , he dyed through extremity of grief . In this time , by the good managing of the Brethren , a proposition was made by the Members of Parliament in England , That if the Queen of Scots acted any thing against the known Laws of the Land , upon advantage given by her contract of marriage with the Duke of Norfolk , she should be proceeded against as a Wife to one of the Peers of the Realm . But for Royal Majesties sake Queen Elizabeth interposeth by her power , and would not suffer it to be put to the Vote of the House , or at least not enacted as a Law . After all this jugling and under-hand contrivance , the Disciplinarian faction in Scotland perceiving trouble and hazard increasing upon them at home , and potent enemies multiplying abroad , resolve now to cut up root and branch of all that hindred the growth of their dominion , and having but blunt instruments in Scotland , make bold with the highest authority , and sharpest ax of England to effect it , wherein as part of the work is easie with some rotten boughs , which , having no intrinsecal conjunction nor continuity with that body whereof they had been arms and members , were broaken off at pleasure by the hand of Justice : so the knotty pieces were , not without some difficulty wrought off by the strength of malice , and acuteness of subtilty in the too partial industrious Journey-men for the cause . The Bishop of Rosse , the Queen of Scots greatest agent and advocate , fencing under the umbrage of the publick Embassie , saved his life , but not his liberty to do her service , Felion , Story , Barnes , Mather , &c. were at several times arraigned , and executed , But these were taken to be at too great a distance to give warning to their captive Queen . The Duke of Norfolk was her principal adhearent they aim'd at , the most likely Champion to have justified her title ; who , though at his death he protested his chiefest endeavours had been to reestablish the oppressed Queen , and suppress the rebellious practises in her Kingdom ; yet , because his Plot was laid in the dark , and his complices abroad such as , for their own ends , kept not within the compass of his designs , but wrought the ruine of England into their hopes , met with Law enough to condemn him by his Peers , and after four moneths reprieve by the Queens singular favour , inexorable Justice to behead him upon the Scaffold . This much heightened the Assembly men in Scotland , who wiping their eyes to behold , with much consolation of spirit , by what a slender thread their successes had hung the ax over their imprisoned Queen , endeared each other by the mutual assurance they gave , it could not be long before her Head too must off , and then the Discipline they thought would take place with the unquestionable Succession of the King . Not ten dayes passed after the Dukes death , before they wrought by their Agents , that Commissioners were sent , Lord de l' Amour , Sadler , Wilson , and Bromley , to expostulate with the Queen of Scots about her treasonable practises against the Crown of England , and to ring the knell of the Dukes destiny in her ears . The French , more earnestly than before interceding for her liberty , are silenced with instances of their own cashiering their Kings , Childerike by Pipin , Charls of Lorraign by Hugh Capet , imprisoning the Queens of Lewis , Philip the Long , and Charls the Fair , successively . The cases of Henry the Second of England , Alphonsus of Castile , and Charls the fifth of Spain , and Scicilie are produced as precedents for taking the Crown , their Mothers surviving ; And the honourable restraint of the Queen of Scots pleaded a favour beyond her desert , or on this side her guilt , and onely for the security of Queen Elizabeth and her Kingdom , yet room was left for the Queens ingenuity to acknowledge that the former extraordinary and extrajudicial examples were not drawn cleer off from their Lees , nor justifiable in every circumstance that accompanied them . After this the Duke of Momorancie Ambassador from the King of France presseth a cessation of Arms in Scotland , a free Parliament , or at least delegates from both sides to treat at London with the like deputed by the Queen of England , and French King ; but this could not be hearkened to , and the aversion of Lord Grange with his Garrison in Edenburgh Castle from peace , upon hopes of supplies out of France , is made the only barr against a general accord . Since the Earl of Marre's death , there had been no Regent in Scotland , but Christs viceroies in black took the care of both Swords , and passed Assembly acts at pleasure , authentick , no question , so long as the young King breathed in the Country , who must pay the Church tribute for his life by an innocent compliance to enact what they list , to which purpose they kept him , and would not part with this Jewel to England , nor France , though both desired to have him out of the noise and danger of their Wars : but this look'd like a Monarchy divinely limited by the boundaries of the Discipline , which might sweeten their liberty by degrees to a silent desertion of all future Government by a King . Queen Elizabeth therefore , who was in a manner perpetuall Protectrice calls upon them to go about the election of a Regent . The Earl Morton was the man they made choice of , whereby they seem'd both to gratifie the Queen , and provide a mercenarie creature to their purpose , he having not long before delivered up the Earl of Northumberland who had fled to Scotland for refuge , and for a piece of mony unworthily ( as to the point of personall honour ) betrayed an obliging Friend , who had fed and harbour'd him in his exile . The late Earl of Marre had broak the Assemblies Instructions in his Regency by offering at some restraint unto the Church , which had been better doubted upon the Infant person of the King , and therefore his Son might well be opposed in his hereditary priviledge to have the young King in his custody , especially his own minority requiring rather to have than to become a Guardian , yet conditions being made , the charge was conferr'd upon him , for to secure the main good order was taken by the new Regent , That no Papist nor factious person ( under which were comprised all loyal Subjects ) should have accesse unto the King . An Earl with onely two Servants attending him ; A Baron with one ; All others single and unarmed . The Queen of Scots deplorable condition in England discouraged her principal abettors at home ; The Duke of Castle Herald and Huntley are drawn in to acknowledge the King and his Regent ; the Lord Grange , Humes , and Lidington maintain their loyalty so long as they can in Edenburgh Castle , which after a siege laid to it by Queen Elizabeths Forces ( which she lent the Regent out of kindness hastened by her jealousie of the French , from whom the Queens Royalists in Scotland expected succour ) was resigned , and according to the Disciplinarian mercy , the first was hanged , the second scarcely pardoned , at Queen Elizabeths intreaty ; the third , having sometime been a Friend , sent to Leith , and yet upon-after-thought , because of a subtile and active headpiece , supposed very probably to be poison'd , by which Christian proceedings the Presbyterian Rebells become absolute Masters , rule King and Country without contradiction . And now their work being done , they turn their pack-horse Souldiers to grass , some of whom get new entertainment in Swedeland , others agree better with the imployment in France , and the Low-Countries . The cessation of armes in Scotland gives the restless Brethren some respite to bethink themselves how to work mischief abroad . The Bishop of Rosse , though a prisoner in England , had his head at liberty to devise , and too many hands in readiness to execute what he should command upon any visible advantage against them . Their importunity being not able to prevail for injustice , and cruelty enough to put him to death , they accept of his exile out of England , though they foresee that will not quit them of their fears . Morton the Regent craves a league with England of mutual defense against all forraign Forces , and would have a large pension for himself and some Scots his devoted guards against the pretended attempts to depose him ; but that would not be hearkened to ; somewhat else with lesse charge , and slight proofs did accumulate gu●lt upon the Queen of Scots for contriving a dangerous Match between a Scotch Earl of the blood , the Kings Vnkle , and the Lady Elizabeth Candish the Countess of Shrewsburies Daughter , for which her Mother and divers Ladies were imprisoned . Soon after the good old Earl of Castleherault having taken no great content in changing sides , and forsaking his quond●m pupill and Queen , by the mod●rate way of disciplinar●an dispatch was vexed into a sickness , and dyed . In the year 1577 was discovered Don Iohn of Austria's designe to marry the Queen of Scots , which the Brethren fores●eing , would imply the liberty of her person , and confusion of their cause , were not wanting in d●ligence to quicken information , and aggravate prejudice to the Queen of England . The Don●ailing of strength and assistance to carry on this , and other vast youthfull designes , the next year , as 't is thought took no other pestilent infection then grief , which brought him to his Grave . In the year following the face of Government in Scotland was alter'd Earl Mortons covetous converting that publick treasure to his temporal use , which should maintaine Christs Ecclesiastick Kingdom in luster , brings upon him the damnation of the Discipline , in deposing him from his Regency , being scarcely afforded the favour of communion with his Peers . The King yet but twelve years of age was apprehensive enough of the tyranny he had been under , and in capacity to accept any courteous tender as well of his liberty as of his Crown . It was found convenient to trust him with the title of Governing , but that he might be sure not to surfeit upon the power , he had his twelve Godfathers to passe upon him for every year one . Earl Morton was kept in to instruct the rest rather how to give in verdict , upon His Majesties actions then Counsel to his person , and had the cunning to keep himself fore-man of the Jury ; but unadvisedly endeavouring to improve his interest to the retroduction of detestable regency , split his own with the twelve Members superintendency in pieces , and to little purpose secur'd the King in the Castle of Sterling , there being a Regal power pretended abroad that gave the Earl of Athol commission to leavy an Army to meet him in the Field . Sir Robert Bowes the English Ambassador composed the publick difference at present , after which a better expedient was supposed to be found , to prevent by poyson all further martial attempts of Athol , while Earl Morton betook himself more unto his privacy than innocency at home . The first salley of Regal government under the pretended personall conduct of the King put the Assembly brethren in mind to strengthen their incroachment upon the Church , to which purpose follows a discharging of Chapters with their election of Bishops ; the titular Bishops are warned to quit their anti-christian corruptions , in particular was instanc'd their receiving Ecclesiastick emoluments , so that , notwithstanding all former Acts and agreements for life , their known assignation of benefice must be as well extinct , as their Jurisdiction and office : yet to please the young King , who beyond his years had a discretive Judgement , and held Episcopacy in a reverend esteem , that they might seem to leave them somewhat to do , they make them Itinerant Visiters of their Hospitals , themselves being the Sacrilegious Collectors of the Rents . Beside this , they heave hard to obtain an establishment of the policy in the Second Book of their Discipline , but as that , yet could not be got to be incorporated with other Parliament Acts ; At this time two French Noblemen raise fears and jealousies in abundance , the Duke of Alanson in England by endeavouring a Marriage with Queen Elizabeth , with whom he held private conference , but was suspected to aime at restoring the Queen of Scots , Lord Aubignie in Scotland , who was become the only favorite of the King . The consequences of the Marriage were debated by the Lords in Council , and their opposite possibilities or conjectures represented to the Queen . The new humours of Esme Stuart , Lord d' Aubignie , whom the King had ●arely c●eated Duke of Lenox , was a business undoubted to be of Ecclesiastical cognizance , and therefore taken into consideration by the Assembly , the Christian result of whose counsels was this . To set up against him an emulous rival , Iames Stuart of the Ochiltrie Family , call'd Earl of Arran , which title he attained by cession from one of the Hamiltons not well in his wits , to whom he had been Guardian ; but these two were soon reconciled by the King ▪ and the Assembly Brethren defeated in their plot . They can soon find means to be revenged , and make the King hear of his misdemeanour . A large complaint is sent up to Queen Elizabeth , which being sweetned with the discovery of a feigned designe to conveigh the captive Queen out of rison , laid to the charge of the Duke of Lenox rellisheth well in the Court and Council of England , from whence come endeavours and Embassies to degrade him from favour if not his honour , and dem●nds to have him bani●●ed out of Scotland . The young King had now quit himself of his pupillage , and with that of his custome , to return suppliant answers by his Regent according to the instructions that ever accompanied the demands . Sir Robert Bowes the Agent was admitted to deliver his Message , but not with his condition to have Lenox removed from the Council , and therefore went grumbling home without audience . Humes was sent with a complement after him , and had the like reception in England , where he was turn'd over to Lord Treasurer Burleigh , and could have no admission to the Queen . Lord Burleigh at large expostulated with him about the miscarriage of some in the Scotch Kings Council . The Queen of Englands succesfull endeavours were magnified , and her tender care in preventing many eminent mischiefs from the French ; Some sharp language was used , which was hoped would cut off the Kings affection to the Duke of Lenox , and make way for Mortons restitution to favour ; but the issue was otherwise , Morton was question'd for many great enormities , especially the murder of the Kings Father , Randolph is sent to intercede somewhat magisterially , and hinder the proceeding against him for his life . The King adhears to his Laws , by which he answers he is bound to submit Delinquents to Justice . Randolph by the help of the Assembly Brethren makes a strong faction of Lenox's enemies and Mortons Friends , draws Argile , Angus , and many other of the Nobility to the party , but their different interests caus'd division in their counsels , made them quit the engagement , and leave Morton , after proof and his own confession of the murder , to pay his Head ●o the Justice of the Law . In this time passed many arrogant . Acts in their general Assemblies : one among the rest did confine the holy Kirk of Iesus Christ in that Realm to the Ministers of the blessed Evangel , and such as were in communion with them , excluding all the Episcopal party , and de●iv●ring them up to Satan as being Members of a Kirk divided from the Society of Christs body . They professed , That there was no other face of Kirk ▪ no other face of Religion , then was presently at that time established , which therefore is ●ver stiled Gods true Religion , Christs true Religion , the true and Christian Religion , admi●ting , it seems , no other Religion to be so much as Christi●n but that . Beside th●s , other Acts there were ent●enc●ing upon the civill authority , whereupon the King by Letter required the Assembly to abstain from making any innovations in the Policy of the Church , and from prejudging the decisions of the State by their conclusions , to suffer all things to continue in the condition they were ▪ during the time of his minority ; They regard not his letter ; send a Committee to Striveling to contest with His Majesty , and sit down again about the ordering their Discipline ; Set Iohn Craig a Presbyter about framing a most rigid * Negative confession of Faith ; Never let His Majesty have quiet , untill himself and his Family subscribe it ; Wrest a charge from him to all Commissioners and Ministers to require the like subscriptions from all , and upon this authority , taken by violence , play the tyrants over the Consciences of the people They censure the Presbytery of Striveling for admitting Montgomery to the temporallity of the Bishoprick of Glascow , and him for aspiring thereto , contrary to the word of God , and Acts of the Kirk . While they are thus fencing with the spirituall Sword in Scotland , their pure Brethren in England execute their Commission by the pen , where the marriage between Qu. Elizabeth and Alanson , new Duke of Anj●u , being in a manner concluded , they set out a virulent book with this Title , The Gulf wherein England will be swallowed by the French Marriage , but the Author , Iohn Stubbs of Lincolns-Inne , a zealous professor , as he must needs be who was Brother-in-Law to Cartwright , and one William Page , who dispersed the Copies , soon after had their hands cut off on a Scaffold at Westminster , and play'd their parts no more at that weapon . But the civil Sword must have its turn , and what no menacing bulls of the Assembly , nor any pointed calumnies of mercenary pens can keep off , must by a stratagem be declined at first , and yet the same afterward authorized by strength . The long disconsolate captivity of the Queen , and despair of ever obtaining her liberty , had withdrawn her thoughts from her Scepter on earth , and rais'd them to an higher kingdom than the Scots , whereon that they might be fixed without any diversion , she resolves to divest her self of the other interest , and confer freely her Royal title upon her Son . The Assembly Brethren have intimation hereof , do not like to have their King become absolute , or Reign by any other Title than what he had before received on courtesie from them . The Duke of Lenox , and Earl of Arran are two good Friends to his Majesty , not to be instrumentall in promoting so just an advancement to his Crown , and therefore it is the Presbyters tasks to preach them out of all favour with the people , and then an opportunity is fairly taken in their absence from Court for the Earls Gowry , Marre , Lindsey , and others , to invite his Majesty to the Castle of Ruthen , and by the Laws of Displinarian hospitality , detain him prisoner , dismiss his retinue , deny him the liberty to stir abroad but at his peril . Nor indeed could he well be at leisure to walk for the perpetuity of business they found him within doors , forcing him first by a Writ to recall Earl Angus from England , whither the guilt of his late rebellion had carried him ; by another after the imprisonment of His Majesties dearest Friend , to command the Duke of Lenox into France , who being in possession of Dunbriton Castle , might have disputed the freedome of that Royal command , if his clear awfull spirit had not dreaded the thought of the least disloyal averseness to obey ; And by a slight of singul●r cunning tyranny in a third , fram'd into a Letter to Queen Elizabeth of England ▪ to justifie their act , and contract the guilt of that unnatural sin in laying violent hands upon himself ; By a fourth to authorize the Convention of States indicted by them . All acts of such transcendent rebellion , that George Buchanan , their never-failing advocate before , could be wrought neither to advise by his Council , nor justifie with his pen ; nay , 't is said he turn'd penitent upon it , retracted with tears what he had writ before in their cause , and wished he could wash out all the spots , the black calumnies he had dropt upon Royal Majesty with his blood , yet further , he would have writ retractions , if being so old , he could have hoped such a conversion would not have been interpreted an act rather of dotage then devotion . The Queen of Scots much affected with this treasonable surprisal of her Son , complains at large to Queen Elizabeth in a Letter , appeals to her conscience for Justice , and summons her to her plea about the differences between them before the highest Tribunal of Heaven ; yet very charitably imputes the obstruction of intercourse between her and her Son for a twelvemoneth before , as likewise Queen Elizabeths long silence , notwithstanding some former importunate letters , not unto her self , but some malignant disposition in her Council . Queen Elizabeths blood and thoughts had many quick motions upon this querulous writing , many ebbs and flows of resolutions and fears ; at length Mr. Secretary Deale , an austere man , and no Friend at all unto the Royal Prisoner , was joyn'd in Commission with the Earl of Shrewsbury to expostulate the business with the captive Queen , and yet treat with her about articles of enlargement : but the Disciplinarian Scots being called in about what concern'd them , raised new spirits of division , by interposing ungrounded jealousies of one Father Holt a Iesuit , and some other Emissaries lately come over , as they alledged , on purpose to plot the invasion of England , and therewith a violent rescue of their Queen . As little truth as there was in this calumny , there was Sophistrie enough to prevaile with Queen Elizabeth to lay aside the complaint of her prisoner , and to imploy her two Agents in Scotland , Bowes and Davison in vying Courtship with two other from the French , to gaine upon the affection of the King . The News of the Duke of Lenox's death at Paris , though accompanied with that which confounded his enemies , who thought they had undone him by traducing him for a Papist , puts life into the Kings banded Jailers , who take assurance by this they had him prisoner during pleasure , but His Majestie escapes soon after to the Castle of Saint Andrews makes them curse the lying spirit in their Prophets , and desperate enough to become executioners of themselves , but the good King , repriev'd them by his mercy , offering pardon unto all that could find confidence to ask it ; but this appear'd in none but Earl Gowrie , who corrupted the benefit of it unto his bane , The rest , not long after , being banish'd , went some into Ireland , others into France , only Angus ask'd and had a confinement unto his Earldom . Queen Elizabeth sends Sir Francis Walsingham to the King , not so much to gratulate his liberty , as to instill some sententious Counsel how to use it . He meets with a greater luster and gallantry in the Scotch Court then he expected , and a young King as grave a politician as himself . He was entertained better than his carriage to the captive Queen had deserved , and returned with an answer no less modest than Majestick . Though many acts had passed the Assemblies of late derogatory to the safety and Royal authority of the King , yet none more than the justifying the late Treason , requiring the Ministers in all their Churches to commend it unto the people , and threatning excommunication to such as subscribed not , though against their Conscience , to the unjust judgement of the Assembly . And in the year 1582 ▪ the Assembly at Saint Andrews proceeded violently against one Montgomery Bishop of Saint Andrews , cutting off the appeal he had made unto the King , rejecting both his Letter and Messenger sent on purpose to inhibite them . The late treasonable justification voted by the Assembly , though nipt in the bud by the Kings unexpected escape , and all the leaves scattered by the breath of his displeasure into several corners of the world , began now to sprout again in a second conspiracy , many of the Traitors being at that time appointed by Gowry return'd again , and under the colour of care and courtesie to the King , attempting a second surprizal of his person . But the Earl of Arran , whom they had not now time or opportunity to secure , seizeth upon Gowrie at Dundee , and the Kings martial appearance , suddenly affrights his Complices out of the Castle of Sterlin , which they had taken . Queen Elizabeth , whose Court because the Cathedral of Religion , was ever abused as a sanctuary after a Scotch rebellion , had now a new address to make by mediation unto their King ; And her Secretary Walsingham , by the ( no justifiable ) priviledg of his place issued out Writs in Her Majesties name , though without her knowledg , for their admission into the Holy Island . The Letters were not obeyed by Earl Hunsdon , who d●sputed the Secretaries single separate authority , nor was the Queen hearken●d to otherwise then by yeilding a legal tryal , which cost Gowrie h●s Head , for all the promises he had of better success from o●e Maclen a W●tch whom he had consulted in the case . To ballance this somewhat must be done by the Disciplinarian undertakers in England , who frame divers L●tters in the name of the Queen of Scots , and some English fugitives conveigh them into the Papists houses , and then make discovery of a plot . Hereupon , as slight and improbable as the proofs were ▪ the Earls of Northumberland and Arundel were confined , his Lady imprison'd , divers examin'd , and the Lord Paget scarcely by h●s prudent innocency protected . Queen Elizabeth though facile in hearing their complaints , was not so barbarous as to execute the cruelty of their Counsels , but called her Judges to account for their extream serverity against the Papists , granting indemnity and liberty to many Iesuits and Priests . Yet Mendoza the Spanish Ambassador was sent home ; and Throckmorton , whom he was said to have encouraged in an intricate conspiracy ▪ being neither constant in denying , nor clear in confessing , nor at all , cunning in concealing or disguising his guilt , was hang'd . A new Treaty between the two Queens is now commenc'd , and Sir William Wade imployed in an overture unto the Queen of Scots ▪ but the Agitators of differences between them , renew their division by unseasonable jealousies and fears , and Wade falls to pasting Father Creyghtone the Iesuits torn papers together , neglecting a far more Christian and honourable artifice ▪ which he might ha●e s●ewed by cementing the unhappy rupture in two so Royal and magnanimous Ladies hearts . This new discomposure gave the Scottish partizans in England a colourable pretense to enter into an association for Queen Elizabeths security from danger , which was managed by the policy of the Earl of Leicester : The Queen of Scots took hence an alarum o● her ruine , yet chose rather to submit somewhat of her spirit , then in an humour sacrifice her life unto their malice . She sends her Secretary Nave with Articles so near Queen Elizabeths demands as had wrought undoubted reconcilement , if it had been consistent with the Discipline of the Kirk ; but this the Scotch Ministry declared to be otherwise in their Pulpits ; call out for help , as if both Kingdoms had been on ●ire , and Christian Religion in danger to be consumed by the flames , inve●gh bitterly against their Queen , King , and his Council ; slight the Kings summons to answer ; stand upon their Ecclesiastical exemption , and Presbyterian privilege of immunity from his censure . The King began from hence to apprehend it better for his safety , and more agreeable with his honour to restore the Mi●er to the Church , then cast away his Crown to a mungrel lay-Clerical Assembly . Hereupon he recalls Bishops to their primitive jurisdiction and dignity ; inhibites all Presbyteries and their Synods , together with the popular parity of Ministers , and among other Acts pas●eth this in the eight Parliament●olden at Edenburgh May 22. 1584. which alone cuts off all their vaine ●retences to this day . For as much as some persons being ●ately called before the Kings Maje●ty , and his secret Council , to answer ●pon certain points to have been enqui●ed of t●em , concerning some treaso●able , seditious , and contumelious ●●eeches , uttered by them in Pulpits , ●chools , and otherways to the disdain ●nd reproach of his Highness , his Pro●enitors , and present Council , con●●mptuously declined the judgement of ●is Highness and his said Council in that behalf , to the evill example of others to d● the like , if timely remedy be not provided : Therefore our S●veraigne Lord , and his thre● Estates assembled in this present Parliament , ratifieth and approveth , and perpetually confirmeth the Royal power and authority over all Estates , as well spiritual as temporal within this Realm , in the person of the Kings Majesty , our Soveraigne Lord , his Heirs and Successors : And also statuteth , and ordaineth , that his Hign●ss , his Heirs and Successors by themselves , and their Councils , are , and in time to com● shall be judges competent to all person His Highnesses subjects , of what estate degree , function , or condition so 〈◊〉 they be , spiritual or temporal , in 〈◊〉 matters wherein they or any of the● shall be apprehended , summoned , 〈◊〉 charged to answer to such things 〈◊〉 shall be enquired of them by our 〈◊〉 Soveraigne Lord and his Council And that none of them which shal● happen to be apprehended , called , 〈◊〉 summoned to the effect aforesaid , pr●sume to take in hand to d●cline 〈◊〉 judgement of his Highness , his Heirs and S●ccessors , or their Council in the Premises , under the pain of Treason . This Act puts many of the Assembly birds upon the wing , who , i●n●cent D●●es , take none but a Virgin breast for their refuge . Queen Elizabeth , whose too industri●us infirmi●y it was to keep up her popular interest with all , as well as to enjoy the honour and more clear content of an impartial conscience within her self , although she gave no ear to their querulous Remonstrances in private , nor permitted their publick libelling in her Churches , yet cherished their persons , and very unproperly imployed their endeavours to preserve Religion from innovations , which made no such real impressions in Scotland , as some untrue aggravating relations had in the time●ous minds of her Reformed English Subjects and her self . This practise of Her Majesty being observed by those who looked ou● of the Scotch Kings Court , put the Earl of Arran upon a forward tender of his Service to meet Her Majesties desires , and Her Agent the Lord Hunsdon upon the borders : but before the time the Sterlin fugitives , whom she had protected , were prescribed , and at it charged by the Earl with their treason against the King . The complement he left of his real intentions at parting , took place until Patrike Grey came with another Embassie and particular Articles from King Iames . But the ill offices , it was suspected , he did at the same time , to the captive Queen , gain'd him no reputation with her party ; and put her upon some such extraordinary courses , as betrayed her into a new prison under more restraint , and L●icester , 't is said , upon murderous designes , who would not hear of her liberty , lesse of her succession to the English Crown . To cover whose private spleen and malitious attempts , new fears are fetched from the Romane Catholicks , and their designes magnified in a mist unto the people , whereby a sharper edge is set upon the severity of the Laws . This alteration encouraged some of the precise Scottish Religion to pursue the Queens commands for pressing in Parliament to have the Bishops reformed , and to others , as may be not improbably conjectur'd to murder the Earl of Northumberland in the Tower , because a known Friend to the Queen of Scots , though they left the pistol wherewith they acted it in his Chamber , and the opinion of self-assasinate at his door . Not long after was Sir Edward Wotton sent Ambassador into Scotland , to renew a league , and present the King with his English retinue , which the Regents in his Minority had neglected or pawned for auxiliary support of their power . While conditions about this and a marriage with the King of Denmarks daughter were making at Court , some others were broken at a meeting upon the borders , where , though the usual Oath for mutual security was taken , the Earl of Bedford was slaine , and though by whom not known , yet the Lord Fernihurst Governor of the middle Borders was accus'd and imprisoned , because a firm adherent to the Queen of Scots , and the Earl of Arran c●nfined , b●cause a favorite of the Kings . The charge was fiercely prosecuted by the English , who in the name of the Queen demanded to have their persons delivered , which not obtain'd , the E●rl of Angus , Marre Glames , and other presc●ibed Fugitive● , are sent home , who have no sooner set foot in Scotland , but by the advice and assistance of the Assembly brethren , they summon all ●n the Kings name to them for defense of the Evangel , removing ill Counsellors from the King , and conserving the old amity with the English . Being got into a body of 8000 at Fankirk , Arran transgresseth the rules of his confinement to expres●e a more considerable duty to the King , unto whom he accuseth Patrike Grey of this Treason ( which he cunningly declines , ) and fortifies Sterlin in d●fense of the King ; but the work was not done when the Rebells drew near , and began to set their scaling Ladders to the walls . The Earl of Arran knowing his p●rson was principally aim'd at , ( for Lord Fernihurst was lately dead in prison ) conveighs himself and one Servant away privately by a bridge , and then the Town-garrison retreat unto the King in the Castle . The Rebells display their banners in his sight ; Lord Grey is sent out to demand the reason of their coming ; receives a meek answer , To kiss the Kings hands . The King expresseth no liking of their armed love , offers restitution of all their goods if they will depart . They will have the interest of admission to his presence , and when they have it , capitulate for his Castles and chief holds , which , there being no remedy , are granted , with the delivery up of divers noble-men , Earls Montross , Crawford , Rothsay , &c. their pardon signed , and the Treaty for a league with the Queen of England renewed . One Article whereof , had it be●n sooner agreed on , had preserved both Kingdoms in better security , & fetter'd the unruly Di●cipline to its duty , viz That neither Prince should for time to come afford assistance or favour to any Traytor or Rebell , or any that had made a publick defection ; nor suffer them to be relieved by others ; nor harbour them publickly or privately in their Dominions , &c. And had another been omitted , which , when before care had been taken for defense of the Christian and Catholick Religion , draws in the rea●m of The pure Reformation , which the Catholick Romans interpreted by the Scotch negative confession : and the Catholick Protestants by the many . Assembly Acts condemning and branding the sacred Episcopal order and jurisdiction , as Antichristian , happily the persons of both Princes had not been engaged in such after-hazard , nor had such designes been prosecuted for the invasion of their Kingdoms . For this Treaty was no sooner concluded , but a most desperate conspiracy in England broak out , supposed to be long since laid by the too zealous consistory at Rome , but took life now , being hastily hatched by some preternatural Scotch Assembly● hear in this agreement . The chief actors in it were Father Ballard a Priest of the Seminary at Rhemes , Babington a a young ingenious , and learned Gentleman , of a good extraction and Family in Darby-Shire ; Sarisbury of Derbigh-shire ; Tichbourne of Hampshire , with ten other Gentlemen of good quality , all which were afterward hanged , and some dismembred alive in St : Giles's fields , the common place of their meeting . Their designe was to have kill'd Queen Elizabeth ; set at liberty the Queen of Scots , and by the help of For●eign strength to have altered the face of Religion in both kingdoms . The Q. of Scots though suspected to be private unto all three , in the general , yet p●ofess'd to her death that she encouraged none but that , which nature suggesting and justifying , conduced to the liberty of her injured person , and half restitu●ion to ●er Crown . Her two Secretaries Nave and Curle were brought in by Walsinghams cunning , if not corrupted rather by his cost very unnaturally to accuse her ; who , as from the beginning , he daily instructed a false Brother with as much hypocrisie and perjury as could be , to carry on this fatal contrivance : so 't is not certain whether by him , and other polit●ck instruments he had , he discovered or made more of what was desperate in the plot . Before the Queen of Scots came to her tryal , several judgements passed upon her in private , anticipating the enquiry after better evidence , and the●r Soveraigns prerogative in granting pardon at her pleasu●e . They whom neither the fury of Disciplinarian zeal , nor any private malignant spirit had possessed , deliliberately sounding the shallowness of her guilt , and computing the shortness of her life by her sickness , adjudged her only to a stricter confinement , and adventu●'d to have the possibilities of ●ischie● prevented by the p●udence of the State . Others who had been lighted to a Religion that made murder and innocence consistent , did not care if some wickedness were invented to d●spach her quickly any way , so by the Law Leicester as otherwise , so desirous to become voluptuous in revenge , ●n●used his sentence in a cup of ling●ing poyson , that he might take at leisure his delight in the preassurance of her death ; And wanting an help to discourse at his Feast , invited Walsingham to accompany him in judgement , and sent a Presbiterian Divine to prepare his Conscience by a Classica●l indulgence , but he pretends he had refused a less courtesie to Morton , who it may be to ballance the guilt of both Kingdoms , had advised to have her sent into Scotland , and executed on the Borde●s , yet having compromised his Vote as the major part should determine it , begins to rectifie their method , and puts them upon debate by what Law they should proceed . There were but two cited for their purpose , one of 25 Edward 3. the other 27 Eliz. The latter was concluded the more proper , because in effect confessed to be made upon designe , and so more naturally operative for the end it was intended to . Those of the Iuncto knew what arguments were most prevalent with the Queen to signe a Writ of Delegacy for enquiry , wherein a multitude were nominated , who must not deny to serve up their honours , and sacrifice their conscience in appearance unto their Queens name , but indeed to some more passionate impotency in her Council . Most of these were sent unto Fotheringham Castle , where the Queen of Scots was prisoner to Sir Dru Drurie and Sir Amias Pawlet , She looking upon her Iudges , and their Commission in their papers , thought the sight of their names did antidate her doom ; yet made no except●on against their persons , onely stood upon her Majesty as a Queen , and chose a thousand deaths rather than descend to the capacity of a Subject . The late association , and Act of Parliament ensuing upon it , with the neglect had of her in the league , she put out of her way in discourse , with as much scorn as she left charity in the room to forgive the injury she thought done he● by them . She thought her cause deserved the Theater of the world , and a Diet of Princes fitter than the Subjects delegated by any one to decide it : yet a free Parliament her Majesty accounted no contemptible arbitrement , and hoped there her innocency should not be pinion'd by a party , but left to the liberty of defense . At length the Lord Treasurer telling her somewhat harshly , That if she would not ye●ld her presence before the Delegates , her absence and contum●cy should be no barre to them in executing their Commission , she charged him and the rest home enough with this poinant answer : Then sift your Consciences , have a care of your Honors , ●nd God reward you and your Heirs according to the Iustice you administer to me . The next day she sends for some of the Delegates , and putting in caution that her submission might not derogate from the honour of her predecessors , nor prejudice any way her successors in their right , Her Majesty professed that by Sir Christopher Hattons perswasions she was resolved to condescend to Queen Elizabeths desires in a publick justification of her self . In the time of her tryal Iustice Gawdies narration was more particular than the rest , out of which he concluded , That she had conspired with Ballard and the rest of his Complices , approv'd assented , promis'd aid , and pointed out the way to effect their designe Ballard and Babington she protested she knew not ; acknowledged that many indeed unknown to her had offer'd su●h service as to which she gave no encou●agement ; and how far they proceeded she neither knew , nor being in prison could hinder . What confessions were made by those who had suffered , she did impute to the sense or fear of their tortures ; And what her own Secretaries produced , she i●terpreted rather their cunning than malice , to shift off from themselves what they thought would never be questioned in her . Yet their hopes fail'd , or else her charity mistook , for their evidence cast her , though but made out of their papers , and such as Nave in an Apology disclaimed . Such as it was they transmitted from Fo●heringham Castle to Westminster , where a full Parliament voted up to the sense of the principal Delegates , some out of zeal , others for feare , a third sort in rev●rence of , and implicite credulity in their state policy , and skill of the Laws ; All out of hopes to please Queen Elizabeth , by removing the object of her jealousie and emulation Yet the sentence passed , the Queens signing keeps at a distance , having a long p●ocession of demurrs and apologies between , and when her hand came to take hold of the Justice , security , necessity , which in this case was tender'd to her in the name of her Subjects , it seemed not to have confidence enough to own any Commission from her heart . The King of Scots did the part of a Son , to preserve his Mother , and measur'd not his affection and duty by the length of the league , nor confin'd his endeavours to the circle of the English Crown he must look for . It is certain there was an unhappy conjuncture of his Mothers fate with his late surprisal at Sterlin , which made him as unfit to expostulate , as the Assembly Ministers were backward to pray , who disobeyed His Majesties commands to recommend the safety of their Queen his Mother in their publick devotions to God . The Scotch Nobility , that were of the Eldership did as their black Brethren inspir'd them , and made Patrike Grey forget his Message which he had from the King , to deliver in place a proverb made by the Synod , and often inculcate in Queen Elizabeths ears , That a dead Woman could not bite This made her thoughts become somewhat sententious , being often heard to whisper to her self , wth a sigh , Endure or strike , and then after som● respite , Strike , lest thou beest strook . The last it should seem left the imp●essi●n , and signed the Bill for execution , which committed to Secretary Davison with a mixture of com and remands , was posted away by one Beale a zealous professor , and effected with more hast then pretended good liking-Davison being call'd into the Starr ▪ Chamber for acting according to a right or w●o●g understanding of Her Maj●sties meaning , and fined ten thousand pounds with imprisonment during the pleasure of the Queen ▪ With wh●t courage and true Christian resolution that Royal and magnanimous Princess entertained her Death ; may be read at large in the Histories of those Times , which I will not go abou● to contract , lest I commit Sacriledge on a Saint . I shal onely among other circumstances intimate how the Disciplinarian malice pursued her Soul with a sharper edge than the Ax had , that but at two stroaks divide● her Head from her body , denying her last Conscientious request , to have a Priest of her own Religion to converse with , and her Execution being out of the Assembly jurisdiction , an impertinent Deane was procured to spin out a long Prayer as near the prescript of the Discipline as he durst . In the midst of this Tyranny upon her Soul , she perform'd the office of a Royal Priest unto her self , and having blessed her Friends , and forgiven her enemies , she assum'd Majestick confidence enough to demand Justice in the distribution of her Legacies . All being done Her Majesty intended , Virgin-Iustice ( if not deflowred by the violence of this act ) with a faint boldness imploying the Ax which she scarcely had in her power , her scales dropt down , and with shame enough she held her trembling hand before her Eyes . FINIS . Books printed and sold by Iohn Garfield at the Rolling-Presse for Pictures , near the Royall Exchange , in Cornhill , Viz. RHanodaeus Medicinal Dispensatory ▪ containing the whole body of Physick , discovering the Natures , Properties , and Virtues of the Plants , Minerals , and Animals , the manner of Compounding Medicines , with the way how to administer them : Methodically digested into Five Books of Philosophical and Pharmaceutical Institutes ; Three Books of Physical Materials , both Galenical and Chymical , with a perfect Apothecaries shop : And a Physical Dictionary adjoyned with the said Dispensatory , explaining all the hard Words and Terms of Art in the said Dispensatory . Ochinus his Dialogue of Poligamy and Divorce : Wherein all the Texts of holy Scripture and Arguments from Reason and the Laws and Customes of Nations that have been , or can be brought for , or against Poligamy , are urged and answered interchangably , by two persons . Daphnis and Chloe , a most sweet , amarous and pleasant Pastoral Romance for young Ladies : Translated out of Greek by George Thornly , Gentleman . A Physical Dictionary , or an interpretation of such crabbed Words and Terms of Art , as are derived from the Greek or Latin , and used in Physick , Anatomy , Chirurgery , and Chymistry : With a definition of most Diseases incident to the Body of Man ▪ and a description of the Marks and Characters used by Doctors in their Receipts . The Wise mans Crown ▪ and the Way to Blisse two Books of Chymical and Rosie-Cra●ian Physick , will be Published for the benefit of Posterity , by Iohn Heydon a servant of God , and Secretary of Nature . Notes, typically marginal, from the original text Notes for div A65265e-190 G. Buchan Epig. ad Mariam illustriss . Scotorum Regina● {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} . cap. 13. Archbishop Spotswood . At Schidam in Holland . ' Dr. Ier. Taylors Epist. Ded. before his Further Explic. of the Doctr. of Orig. s●n . Notes for div A65265e-1020 H. Scripture more at large had been the best rule to reform by . That we have suffi●ient . The supplement from the Catholick Church which is indulgent enough to keep all in a Christian communion . Gods judgement and hers upon Schismaticks and Separatists . The defection and division of Churches not here handled . The Scotch reformation irregular and impious . K. Iames 4 ▪ The Lollards . Accus'd for Rebels . Against War , Priests consecrating . Tythes . Episcopal benediction . Excommunication . Sacrament of the L. Supper . Divorce . Miracles . Praying in Churches . Prelates . K. Iames 5. 1657. The King pardoned them , Patrick Hamilton goes for Germany . Returns to reform Scotland . Is accused by Cambell . False doctrine in his bo●● abou● t●e law . Faith . Iustification . Works . 1 Cor. 6.9 . Gal. 5.19 . Mat. 16.27 . Speculative Christianity . Some young students and Friars his sect●ries . Logie . Maire . Friar Arithe . Lindseys advice to the Archbishop of S. Andrews . Al. Seton the Kings Confessor p●t from him . His Letter to the King . Hi retraction . The Reformation interrupted in Scotland . Begins in England . 1534. Straton denies Tyth-fish . Is anathematized . Instructed to maintain his errou● by Dun Arskin . Mat. 10.33 . Mar. 8 38. Matth. 23.23 . Matth. 10.33 . David Straton executed . Fri●r Killors play . He and others burnt . G Buchanan encourageth schism and rebellion : 1539. Escapeth out of prison . K. Iames de●lines an interview with K. Hen. 8. A war between them . The Scotch Army defeated . This discomfiture w●s called Gods fighting agai●st pride for his own little flock . Knox saith God as ev●dently here fought against K. Iames as K B●nhadad bu●●n his parralell he findes out noth●ng for the detect●on of the Nobles out of distast at the General chosen by the King The King dies . 1542. Q Mary A Protector or R●gen●s by the Kings will . They are rejected by the Reformers and the Earl of Arran declared Governour . The Kings treasur● , &c. delivered to him . They set him to study controversies . Shew him the bloudy Sc●ol● , and instruct him by it . Friar Guilliame a pointed to preach down Superstition . A Ballad made against his doctrine by Witsow servant to the Bishop of Dunkell . The Cardinal of S. Andrews imprisoned . Set free . The Bible in the vulg●r tongue . The ill use made of it . — qui estis ? quando , & unce venistis ? quid in meo agitis non mei ? — mea est possessio , ol●m possid●o prior possi●eo ........ Ego sum haeres Apostolorum .... Vos certe exhaeredaverunt semper & as dicaverunt ut extraneos ut inimicos . De Praescr . c. 37. The contract of Marriage between Prince Edward of England and Q Mary celebrated . The Commissiners questioned for it . The Abbot of Paisly and Mr. D. Painter come from France with advice to the Governour . The Courtiers conf●ont the Reformers . Fr. Guilliame forbid to preach He and others Banisht . The Governor lesse resolved than formerly . Prepares for war with England . An opportunity to break the Le●gue . Earl of Cassils kept parrole . The Scotch ships seiz'd on in England . A w●r proclaimed . Earl of Lenox comes from France . His pretences against the Governour . His address to the Q. Dowager . His heading with the Reformers . They challenge the Cardinal . The Earl leaves them and resigns himself . Yet withdraws again and garrisons . The English invade Scotland . having a party there . Earl Lenox sends his Apology into France to no purpose . Castle of Glascow taken by the Governour . Earl Lenox makes a rash attempt upon the Hamiltons Flies into England , where he mar●ies K. H. Niece . Q. Mother protects the party he leaves behinde . The Scotch Nobility weary of their English friends . De Lorge brings over French forces . They with the Scots march to the borders and return with booty . The Governour and Cardinal make a ●rogress to set all in order . A moderate sense of their proceedings . Sr. Jo. Borthwick proc●ss'd and condemned when absent . He is unjust as to the Pope , and uncharitable to the best of that Religion . His answer for Bishops marriage not very apposlic . 1 Cor. 6 12. A question put in behalf of the Romane Church . The Reformed Churches restrain from marriage . 1 Cor. 7.7 . S. Paul misinterpreted . Sir John impetuous against the Pope . A separation from all Churches . In some cases spiritual men may have temporal jurisdiction . A limitation in sequestring Church revenues . An unchristian comparison . The Church hath power to make Canons The reasons why . The Reformation in England no good pa●tern for Scotland . Monks in the primitive Church . And reverence given to Relicks . My opinion of the senten●e against Sr. J●h● Borthwick . Vnlikely stories about the Bishop of Dunkelden . The Priests at Dundee . Dean Thomas and six Friars . 4. Hanged in St Iohns town . The Reformers abuse the Image of St. Francis and raise tumults . An impartial censu●e of the R●formed Martyrs . Knox and Buchanan a ●loudy couple . The Scotch Reformation raked out of Mr. George Wishearts ashes . His course of life at Cambridge . His return to Scotland . where he passed for a Prophet . Inhibited to preach . Divers Noblemen encourage him . The Gentry flock to him . He envies and threatens where they do not . He is seiz'd on by Earl Bothwel . And imprisoned in the castle of St. Andrews . He is brought to his Tryall . He makes an Apologetical Oration . With what moderation he might have demeand himself . He cannot pretend to the same liberty with the Apostles . Chap. 5.29 . Chap. 2.2 . Nor to self Ordination . Rev. 1.6 . 1 Pet. 2.9 . The abstinence and feasts of the Church to be observed . His extream insolence in renouncing obedience to General Councils , and professing his neglect to read their Canons . What reason his Iudges might have to condemn him . Yet they are to be blamed for the pomp . And he for popularity and want of charity at his execution . His disciples make great haste to murder the Cardinal . They do it barbarously . Melvins grave speech in the act . — non solum factum probarunt , sed & gratulatum ad liberta●is publicae auctores venerunt , quidam etiam vitam ●ortunasque cum illis conjunxerunt . Knox professeth himself merry at it . Prov. 14.13 . 1547. He goes to live with the murderers in the Castle . His calling to the Ministry . * These blessed authors of liberty saith Buchanan , while they continued in the Castle tanquam armis p●cta licentia , in stupra & adulteria ali●q , hominum otio abundantium vitia profusi , jus & aequum . He might have inserted ▪ & religionem sua libidine metiebantur Knox's first Sermon . The Laird of Nyrde's advice upon it . The Bishops complain . The Refomers angry . The Castle of St. Andrews taken from them , they in it sent for France . Knox's various fortune in his travails to and fro . In his admoniinto to England , he abuseth the Emperour , Queen and Q. Dowager . Who is made Regent . The Reformers creep again into Scotland . Knox chiefly undertakes the work . His most impudent Letter to the Queen Regent . Knox flies away to Geneva . Willock returns in his place . Sedition and sacriledge the effects of his doctrine . And poisoning some of the Nobility in France . Knox sent for . Who draws them into a Congregational Covenant . After which they petition . The Queens gracious and Christian answer . Their unchristian ingratitude . A querulous Letter against the Rom. Catholick Clergy &c. The peoples giving confession , &c. Knox arrives . Monasteries pillaged , &c. A sharp Letter sent to the Q. Regent . Excommunication threatned the neutral Nobility . Their second Covenant . They seize on the Coining Irons . A Proclamation from the young Queen and Dolphin . An Agreement at Eden●urgh . A third bond . Strictly observed by Knox . From the Q. Regents fortifying Leith th●y take occasion to traduce . Admonish , Deprive . Banish her . All in vain . The Brethren disperse . Are recollected by Knox . Another Covenant at Edenburgh . An Army raisd by it . Q. Regent dieth . Their inhumanity toward her . They capitulate with the young Queen and King . A Thanksgiving . Ministers distributed . Over-seers . A Confession of Faith . The contents of it . Quod apud multos unum invenitur , non est erratum , sed traditum . Tertul. lib. de Praesript ▪ c. 28. Hoc est verè proprié●ue Cathol●cam — si sequamur universitatem antiquitatem consencionem vincent . Lyrin . cap. 3. Multum necesse est propter tantos tam var●i erroris anfractus ut Prophetae & Apostolicae interpretationis linea secundum Ecclesiastici & Catholici sensus norma dirigatur . Vincent . Lyr. c. 2. It is voted in Parliament . The Bishops not hindring it . Their abominable hypo●risie in sending it over to be ratified in France . Their confess'd independency on Kings and Queens . Mat 27 29. John 19.3 . magis & ejus animum nuderent , quam quod quicquam impetrare sperarent . Lib 17 The book of discipline fram'd Refus'd by most of the Nobi●ity . Psal. 73. 2 Cor. 10.5 . Subscribed by some . Great ●oy among them at the death of K. Fr. 2. Knoxes uncharitable judgement of it . The Book of Discipline perused . Superintendents elected . Brief observations upon their elections . The L. Iames sent into Fra. The Queen to be denied the e●er●ise of her Re●igion . An Ambassador from ●rance . He is delayed by the Council . The loyal Nobility busie . They are interrupted by a menacing Supplicate . Lord Iames returns with monitory Letters from the Queen . The French Ambassador denied all , and dismissed . The Reformers burn and spoyle . The Queen comes over . Cannot obtain the priviledge of her private Chapell . Nor be secure of her life if she e●ercise her Religion . Knox's Sermon . Repented of , because not enough seditious . The Queen reasons with him and confounds him . His revenge in an insolent character of Her Majesty . The Nobility and Ministry divided about the Queen and Discipline . Burrows's articles . The Bishops give up a third part of their revenues . Huntlies jeer . Knox's censure . He and his Brethren supplicate with wonted impudence . 1562. Secretary Lethington discourseth with them . A Covenant a● Ayre . Complaints about Ministers , &c. Decem. 25. 1562. A P●iest seiz'd on for saying Masse . Encouragement given to punish such without leave from Queen or Council . The Queen expostulates with them about it . Suffers much against her interest . For which she is scarcely thanked . E. Murray and Knox at difference . Knox question'd by the Queen . His Apology ▪ He is dismiss●d . Summons the Country to rescue Armstrong and Cranstone . For which the Master of M●xwel quits his acquaintan●e . A general Assembly where the Ministers petition . Knox ou● of humour . Thre●etns the Ass●mb●y . The Ministers disliked by most . A s●hism among the Reformers . A dispute betw●en L. Se. Lething●on and Knox , who maintains strange doctrine . Scripture and History wrested to prove it . A caution to Princes and Subjects concerning the Presbyterians . Their opinions and practices intended to be counten●nced by the Reformed Churches . E. of Lenox returns into Scotland . A Parliament call'd in favour of him . The Assembly rigid about Church affairs . The Queen declares her intent to marry the L. Darley . Knox summons the Country to arms and a suppl●cate . The Queen complices with their desires . Sir Iames Carvet intercepted after Mass and expos'd to mockery and violence at Edenburgh Crosse . This justice allowed and again appointed at the Assize . 1565. The Precise Nobiilty and Clergy assembling about religion , are summon'd by the Queen unto her Marriage . E Murray refuseth . A convention at St. Iohnston . Put off by the Queen . And let fall by the Brethren , who divert E. Murr●y's going thither by a feigned story . A Church Assembly held . Very insolent articles sent by Commissioners unto the Queen . Who departeth to Dunkeld , whither they follow her . And appear in arms at St. Leonard Crag . The Queens answer to their Articles . Argile and Murray meet . The Parliament prorogued . L. Darley proclaim'd King . The Queen disturbed in her Marriagr . Knox's Sermon . Displeas'd the King . The Lords divided in their Councils . A Letter sent from that party to their Majesties . A Proclamation at St. Andrews ▪ The Ministers petition unseasonably for their meanes . They pray for patience , having not power enough to fight . Enquiry made about the obstruction of their supplicates . D. Rizio pretended to be it , whose murder they designe , and at●●mpt to draw the King into the plot . A Fast procla●med for successe , Isai 58. Suggestions unto the K●ng against the Queen , and D. Rizio . Three Artices propounded by the Lords unto the King . D. Rizio hurried from the Queens presence , and murder'd . The Queen desired to take this for good service . She is jealous of the like violence intended to her person . Yet calls the Lords &c. to account for the murder . * Edenburgh , Tolboth . They protest against her proceedings . But disperse . The King quits himself by proclamation of all guilt . Search made after the actors . An interruption by the Ministers supplicates . The demur upon acceptance of the Quee●s grant . Of whose denyal they could have made better us● . Iac. 6. Iune 1566. A Prince born . And against the Brethrens mind baptized by the Arch-Bishop of St. Andrews . This they take ill from the King . A Regent o● Protector thought more proper for their occasions . Whereupon the King is obscurely murder'd , and one of his servants strangled . The Queen again in solitude . Thinks of marrying E. Bothwel . Having forecasted all difficulties to be encountred . Iohn Craig declaims against it , and excites the people to rebellion . The Queen demands Edenburgh Castle , and obtains it on an hard condition , for the person of the Prince , the original of her ruine . They address now no more supplicates . Isai. 22.23 ▪ Their malitious calumnie of the Queen , and E. Bothwell's resolution to murder the young Prince . The Queen raiseth an Army . Yet proclaims great concessions . They besiege Her Majesty at Borthwike-Castle . Thence they go to Edenburgh . Yet incline to disband , but are prevented by the Queens approach . An unfortunate Treaty by the French Agents means . The Queens Army discouraged . Her Majesties discourse with L. Kirkaldic of Grange , while E. Bothwell slips away . Her horrid entert●inment in the Rebells Army . She is thrust into an Inne at Edenburgh , and guarded . Thence posted away to the Isle of Lochlevin . The Ministers ●ssemble . Four Commissioners deputed by them to summon in the Hamilton's , &c. Articles agreed on by the Rebells . They are yet p●rplex'd in their thoughts what to do with the Queen . Queen Elizabeths emulation ▪ &c. made her countenance some of their proceedings . Their ingratitude and scorn return'd upon her . The Queen moved to q●it her Crown , and permit Murray to be Regent . K Iames 6. The Prince Crowned at Sterlin . K. Iames 6. Murray returned out of France , and proclaimed Regent . The Queen escapes out of prison . Her last ill success in Battail . She escapes to England for protection . Queen Elizabeth's three Desires unto the Regent . Queen of Scots demands a hearing about her last marriage . All discussed in the Parliament at Perth . Whence the two Queens reeeive little satisfaction . They demurre about E. Bothwell . Pelkarne sent with their apology to Queen Elizabeth . Their subtilty in making a diff●rence between the two Queens by much falsehood mixed with little truth . Q. of Scots and D. of Korfolk s●cured . Regent M●rray kill'd . The Brethren prosecute revenge . A sc●upulous question put to them . T●eir applicatlons to Q. Eliz. rejected . They confer regall power upon the Earl of Lenox . Divest him again of it , and make him Regent . Q : of Scots by all means endeavours her liberty . Queen Eliz : giveth fair answers to her , and her intercessors . Q. E●izabeths Councill how affected at this time . K. Iames 5. They involve her in a multitude of difficulties . She calls the Scots to accoun● about the deposition of their Queen . They exhib●te a large Remonstrance rebellious and antimonarchiall enough . K Iames 6. 1571. Queen Eliz : dislikes it . Yet persists in her high demand from the Qu : of Scots Commissioners . Their modest answer . L : Keepers sharp reply . K. Iemes 5. A truce between the divided parties in Scotland , made by Q : Eliz. The Regent and his do notwithstanding what they please . They hang up the Ar●h-Bishop of St : Andrews . K Iames 6. Revenge taken upon the Regent . They make the E of Marre his successor , who is so vexed by them , that he shortly dies with gr●ef . The Parliaments fierce proposition to Q Eliz. about the Queen of Scots . Rejected . A resolution taken by the Rebells in Scotland fatall to the Queen and her party . Divers executed in England . The Duke of Norfolk Beheaded . The Brethren well-pleased at the successe of their designes , and approach of the Ax so near their Queen . To whom Commissioners are sent to expostulate . The French interceding , are answered with instances from their own and other Nations . Momoranchies propositions not hearkened to . The Assemblies domineer while no Regent in Scotland . Q. Elizabeth calls upon them to chuse one , They take E : Morton as fittest for their purpose . The young E : of Marre becomes Guardian to the King . Orders made by the new Regent . The Queens party in Scotland faint . Edenburgh Castle taken by the help of the English Forces . The Scotch army disbanded . Bishop of Rosse banish'd England upon the Scots importunity . Morton cannot obtain a league &c. with England . Queen of Scots a●cused of cont●●ving a Match . E Castleherault dies with grief . Don Iohn of Austria faileth in his design to marry the Q. of Scots . And dyeth . Morton deposed from his Regency . Twelve appointed to assist the King in governing , Morton one of them , but defeated in his purpose to do all . The King begins to shew himself to the terror of the Assembly . Preserves the Bishops in some part of their Rights and revenues whereof the other would deprive them . 2 B : of Discip. cannot ye● pass in Parliament D : of Alanson attempts a marriage with Q : Eliz. D. of Lenox , and E : of Arran set at difference by the Assembly . Reconciled by the King . Then they accuse Lenox to Q : Elizabeth . Who demands to have him banish'd . The King will not part with him . Humes his Agent hears of this from the L : Treasurer in England . Morton questioned . Randolphs sent to intercede , but prevails not ▪ Arrogant Assembly Acts. 1579. No Christianity allowed but in Scotland , and where is a conf●rmity in Religion unto the Kirk . Th K : checks th●m . They contest with him by a Committee . And extort his subscription to the Negative Confession , with a c●mmand of the like from all . * This is that Craig , and this that confession which K : Iames reflects upon in Hampton-Court conference , saying , That with his , I renounce and abhor his detestations and abrenuntiations he did to amaze the simple people , that they not able to conceive all those things , utterly gave over all , falling back to Popery , or remaining still in their former ignorance , yea if I , saith his Majesty , should have been bound to his form , the confession of my Faith must have been in my Table-book , not in my head . A publick stratagem practis'd by the Brethren . The Queen of Scots directs her thoughts to an higher kingdom and means to resign all up to her Son . Whereupon the Brethren put all into confusion . The King invited to the Castle of Ruthen , and detained prisoner . They press him most insolently to do their business . Buchanan deserts them , and repents of what he had done heretofore . Queen of Scots complains to Queen Eliz. Queen Eliz : very uncertain what to do . Sends two Commissioners to the Queen of Scots . The Disciplinarians make new jealousies about Fa : Holt. Qu : Eliz : by her Agents Courts King Iames kindness . D : Lenoxs's death . King Iames makes an escape . Offers pardon to all that ask it . Sir Francis Walsingham sent to counsell him . The Assemblies justifie their late Treason . And commit new . Gowrie &c ▪ attempt again the surprisal of the King . But himself is seised on , &c. Walsinghams Letters not observed by E : Hunsdon . E : Gowrie beh●aded . Letters feigned in the n●me of the Queen of S.o.s. Vpon whi●h divers Nobles are questioned . And the Iudges for their severity against Papists . Throckmorton hanged . A reconciliation between the two Queens prevented : An ●ssociation in England . Queen of Scots sees a necessity of complying with Q : Eliz : The Scots Presbytery foreseeing the effect of it , declaim ●gainst her , their King● and Council in the Pulpit . Vpon their flighting the Kings summons they are inhibited , and Episcopacy setled . The Kings supr●macy established by Act of Parliament . Hereupon ●ivers Mi●isters take their flight . Q Eliz : restrains ●heir violence ▪ but counten●nceth them too much . Earl of Arran offers a meeting with L : Hunsdon upon the borders The fugitives proscribed Patrike Grey sent Ambassador for England . Qu : of Scots practises too much for her self . And Leicester against her and her party . Queen Eliz : requires a reformation of Scots Bishops . Earl of Northumberland , ●urdered in the Tower . Sir Edward Wotton sent Ambassador into Scotland . E : of Bedford slain at a meeti●g u●on the borders . L : Fernihurst imprisoned . E : of Arran confined . Qu : Eliz demands their persons , is denyed . She sends home the Scottish Fugitives . A rebellious army raised by them . E : of Arran accuseth P : Grey of Treason . Is besieged , and narrowly escapes . The Rebells answer to L : Grey . They capitulate and h●ve what they ask of the Ki●g . A league renewed with England . A considerable Article had it been agreed and kept heretofore . Another about Religion , the ambiguity whereof doth more hurt than good . A Conspiracy in England discovered . Many executed for it . The Queen of Scots how far concerned in it . Walsingham and her own Secretaries charge more upon her then she owns . She is prejudged too soon by persons uncommission'd . The more prudent , yet as loyal grue milder censures . Leicester wo●l● have her poi●on'd . Walsingham not prevailed with to consent . Yet d●rects the contrivers to a methodical proceeding . Queen Elizabeth yeilds to their perswasions for signing a Writ o● Delegacy . The Queen of Scots prudent d●meanour reward the Delegates at Fotheringham Castle . Lord Treasur●r rigid wit● her . Her Majesty answ●rs him accordingly . Submits to a Tryal , but on condition . Iustice Gawdies too particular n●rration . The Queen protests against it . Nave disclaims his p●pers . The English Parlia●ent passeth sent●nce according to the sense of the Delegates . But Q : Eliz : makes no hast to signe the Bill . King Iames endeavours to pre●erve his Mother , but ●ann●t . Commands the Ministers to pr●y in p●blick for her , who deny him and her that respect . Pa●rike Greys proverb to Qu , E●iz . Who is troubled in mind about her execution . V●certain instructions given to Davison with the feigned Bill . He is fined and imprisoned for g●ing be●ond t●e meaning of them . The Queen very reso●ute and ●eligious at her death . A Priest denied her . Fletcher Dean of Peterburgh . Iustice blushed when she suffered . 
A73800	----	Answeres to the particulars proponed by his Majesties commissionar 1638 Approx. 10 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A73800 STC 665.5 ESTC S124181 99898570 99898570 173359 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A73800) Transcribed from: (Early English Books Online ; image set 173359) Images scanned from microfilm: (Early English books, 1475-1640 ; 2036:11) Answeres to the particulars proponed by his Majesties commissionar Hamilton, James Hamilton, Duke of, 1606-1649. [4] p. s.n., [Edinburgh? : 1638] The answer of the Scottish covenanters; the commissioner was James Hamilton, Duke of Hamilton. Caption title. Imprint from STC. Signatures: A² . In this edition, catchword on first page reads "es". Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Emma (Leeson) Huber Sampled and proofread 2008-07 Emma (Leeson) Huber Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Answeres to the particulars proponed by his Majesties Commissionar . HAving seriously considered with our selves that nothing in this world is so pretious , and ought to be so deare unto us as our Religion , that the diseases of this Kirk after long toleration did threaten no lesse than her owne ruine , and expiring of the trueth of Religion at last . And that a free generall Assembly was the ordinarie remedie appointed by divine authoritie , and blessed by divine providence in other Kirks , and after a speciall manner in the Kirk of Scotland ; Wee have often and earnestly supplicated for the same , and have laboured to remove what was objected , or what we could concieve to bee any hinderance to the obtaining of our desire , like as wee have now for the same good end resolved to returne this Answer to the particulars proponed to bee performed by us before an Assembly be indicted . The particulars proponed are either matters Ecclesiastick or civil : Ecclesiastick or kirk matters are , the First concerning Ministers deposed or suspended by the presbyteries , since the first of Februar last without warrant of the Ordinar , that they bee reponed to their own places . The second concerning Moderators of presbytrys deposed since the forsaid day to be reponed , and all Moderators appointed by the said presbyteries without warrant forsaid to desist from executing the office of Moderator . The third anent Ministers admitted since the day forsaid that they desist frō exercising the function of the Ministerie in that place to which they had beene admitted . These three particulars doe concerne the power , duetie and particular facts or faults of presbyteries where in wee have no power to judge and determine whether they have lawfully proceeded or not , far lesse can wee urge or command them to alter or recall what they have determined or done , in the suspending , deposing or admitting of Ministers or Moderators : they beeing properly subject to the superiour Assemblies of the Kirk , and in this case and condition of the Kirke , to the generall Assembly , where if they shall not after tryall justifie their proceedings from the good warrants of Scripture , reason , and of the acts and practises of the Kirk , they ought sustaine their owne deserved censure . And since upon the one side there be many complaints against the Prelates for their usurpation over Presbyteries in the like particulars : And on the other side there bee such complaints of the doings and disorders of presbyteries to the offence of the Prelats . Wee trust that his Majesties Commissioner will not esteeme this to bee an hinderance of the indiction of a generall Assembly : but rather a powerfull and principall motive with speed to conveen the same , as the proper Iudicatorie for determining such dangerous and universall differences of the Kirke . Neither doe wee heare that any Ministers are deposed , but some only suspended during this interim , till a generall Assembly for their erronious doctrine and flagitious life : So that it were most offensive to God , disgracefull to Religion , and scandalous to the people to repone them to their places till they be tried and censured . And concerning Moderators none of them ( as we understand ) are deposed , but some only changed , which is verie ordinarie in this Kirk . The fourth , anent the reparing of Parochinars to their own kirks , & that Elders assist their Minister in the discipline of the Kirk , ought to bee cognosced and judged by the particular Presbyterie to which the Parochiners and Elders are subject , since the cause may bee in the Ministers no lesse than the Parochinars and Elders . And incase they find no redresse there , to ascend till they come to a generall Assembly , the want wherof makes disorders to be multiplyed both in presbyteries and paroches . To the sixth , that Ministers waite upon their owne Kirks , & that none of them come to the assembly or place where the same is keeped : but such as shall bee chosen Commissionars from presbyteries . Wee answere , that none are to come to the place of the assembly , but such as are either allowed , by commission , or other-wise have such interest as they can approve to his Majesties Commissionar , and the Assembly conveened . To the seventh , anent the appointing of Moderators of presbyteries to be Commissionars to the genertll assembly : only constant Moderatours , who ceased long since , were found in the assembly 1606 ( which yet was never reputed by this Kirk to be a lawfull national assembly ) to be necessarie members of a generall assembly . And if both the Moderators , who if they bee necessarie members need not to bee chosen , and the chosen Commissionars repare to the assembly : the Assembly it self can judge best of the members where-of-it ought to bee constitute . To the nynth , that no laick whatsoever meddle with the choosing of Commissionars for the presbyteries , and no Minister without his owne presbyterie : Wee say that according to the order of the Kirk none but Ministers and Elders of Kirks ought to have voice in choosing Commissioners for presbyteries : And that no Minister or Elder ought to have voice in election , but in his own presbyterie . The rest of the particulars are civill matters , as the fifth , anent the paying of the rents and stipends of Bishops and Ministers : Concerning which wee can say no further , but that the Lawes are patent for them as others his Majesties subjects . And that the generall assembly ought not to bee delayed upon any complaint of that kind . The eight , requiring that Bishops and other Ministers may bee secured in their persons : Wee think so reasonable , that we will promise everie one of us for our owne parts they shall suffer no violence from us , and shall hinder others so far as we may , and if any trouble them otherwise , or make them any kind of molestation in that attendance , except by order of Law : the parties are justly punishable according to the degrie of their fault as other subjects are . To the tenth , concerning the dissolving of all convocations & meetings and the peaceablenesse of the Countrie : These meetings beeing keeped for no other end , but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this kirk and State , cannot be dissolved till the evills be removed : And we trust that nothing in these our meetings hath escaped us , which carryeth in it the smallest appearance of undutiefullnesse , or which may seeme to tend to the breach of the common peace ; But although our adversaries have heerein calumniated us , yet we have alwayes so behaved our selves as beseemed his Majesties most humble and loyall subjects petitioning his Majestie for a legall redresse of our just grievances . To the last , concerning the Covenant : The Commissioner his G. having many times and most instantly pressed us with that point . We did first by invincible reasons make manifest that we could not without sinning against God and our consciences , and without wrong done to this Nationall Kirk , and the posteritie , rescind or alter the same . And thereafter did at length cleare the same of all unlawfull combination against authority by our last Supplication & declaration which his Majesties Commissionar accepted as the most readie and powerfull of all other meanes which could come within the compasse of our thoughts to give his Majestie satisfaction . The subscription of this our Confession of Faith and Covenant , beeing an act so evidently tending to the glorie of God , the Kings honor , and happinesse of of the kingdome . And having already proven so comfortable to us in the inward of our hearts : It is our ardent and constant desire , and heartie wish that both his Majestie , and all his good Subjects may bee partakers of the same comfort : Like as wee find our selves bound by conscience and by the Covenant it selfe to perswade all his Majesties good Subjects to joyne with us for the good of Religion , his Majesties honour , and the quyetnesse of the Kingdome , which being modestly used by us without pressing or threatning of the meanest , wee hope shall never give his Majestie the least cause of discontent . Seeing therefore according to our power and interest we are most willing to remove all hinderances , that thinges may bee carried in a peaceable manner worthie of our profession and Covenant , doe ayme at nothing but the good of the Kingdome , and preservation of the Kirk , which by consumption and combustion is like to bee desperately diseased , except remedie some way bee speedily provided ; and delight to use no other meanes but such as are legall , and have beene ordinarie in this Kirk since the Reformation , We are confident that without further delaye for preventing of greater evills and miseries than wee can expresse Our just desires shall bee granted . So shall we bee incouraged in the peace of our soules still to pray for his Majestie all encrease of true honour and happinesse . FINIS . 
A70104	----	The late proceedings and votes of the Parliament of Scotland contained in an address delivered to the King / signed by the plurality of the members thereof, stated and vindicated. Ferguson, Robert, d. 1714. 1689 Approx. 121 KB of XML-encoded text transcribed from 31 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-11 (EEBO-TCP Phase 1). A70104 Wing F746 Wing F747 ESTC R36438 15690981 ocm 15690981 104412 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70104) Transcribed from: (Early English Books Online ; image set 104412) Images scanned from microfilm: (Early English books, 1641-1700 ; 1592:31 or 32) The late proceedings and votes of the Parliament of Scotland contained in an address delivered to the King / signed by the plurality of the members thereof, stated and vindicated. Ferguson, Robert, d. 1714. 63 [i.e. 53] p. Printed by Andrew Hepburn, Glasgow : 1689. The difference between F746 and F747 is that on the t.p. of F747 the word "Parliament" is spelled "Parliamemt". Contains errors in pagination. Imperfect: print show-through with loss of print. Reproduction of original in the Huntington Library and Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament. Scotland -- Politics and government -- 1689-1745. 2004-06 TCP Assigned for keying and markup 2004-07 SPi Global Keyed and coded from ProQuest page images 2004-08 Emma (Leeson) Huber Sampled and proofread 2004-08 Emma (Leeson) Huber Text and markup reviewed and edited 2004-10 pfs Batch review (QC) and XML conversion THE LATE PROCEEDINGS AND VOTES OF THE PARLIAMEMT of SCOTLAND ; Contained in an ADDRESS Delivered to the KING , Signed by the Plurality of the Members thereof , Stated and Uindicated . Scilicet res ipsa aspira est , at vos non timetis ; sed inertia & mollitia animi , alius alium expectantes cunctamini ; videlicet diis immortalibus confisi , qui hanc rempubl . in maximis saepe periculis servavere . At non votis neque suppliciis muliebribus auxilia deorum parantur , Vigilando , agendo , bene consulendo , prospere omnia cedunt : ubi socordiae tete atque ignaviae tradideris , nequicquam deos implores ; irati infestique sunt . Cato apud Salust . GLASGOW , Printed by Andrew Hepburn , Anno Dom. 1689. THE LATE Proceedings and VOTES OF THE PARLIAMENT OF SCOTLAND , &c. TO remain silent under the Aspersions which some busy , but either weak or ill Men , are endeavouring to fasten , not only upon the Proceedings , but upon divers of the most Honourable and Loyal Members of Parliament , were to be no less treacherous to his Majesty , than careless of the Reputation of that whole Illustrious Body ; as well as of the Integrity of those Persons who are said to have so much influenced the Transactions of it ; and whose chief Crime ( with those that Malign and Traduce them ) is their having expressed so much Affection and Zeal for His Majesty's Person and Service : And as the representing their Actions in a true Light , is all that is needful , both to justify and commend them ; so whosoever will be at the pains to examine them , will find them adjusted to all the Rules of Law , Religion , and Policy . And as it is not to be doubted , but that whensoever the Parliament Assembles , they will both vindicate their Proceedings , in Customary and Legal Methods , and exert that Authority which is essential to them , over those of their own Members , by whom they have been slandered ; so all that is now to be endeavoured in their behalf , is to vouchsafe unto the English Nation ( to whom they have been misrepresented ) such a brief Account of their Transactions , with the Occasions , Reasons , and Motives of them ; as may not only manifest the Wisdom and Loyalty of that Parliament , but demonstrate beyond all contradiction , that the only design they have been pursuing , was to preserve and maintain His Majesties Honour , secure and establish him an Interest in the Love and Hearts of his People , and make His Throne firm and durable . It is too evident , either to be denied or Apologized for , that all the Laws , Priviledges , and Rights of the Kingdom of Scotland , have under the Late Reigns , been not only Usurped upon and Invaded , but Subverted and Overthrown . For by gradual Inlargements of the Prerogative , beyond what was allowed by the Rules of the Constitution , and the Statutes of the Realm , the legal and regular Monarchy of the Nation , was swelled into an Arbitrary and Despotick Power . So that all the Franchises and Rights , which by Original Contracts and Subsequent Laws had been reserved unto the People , were either overthrown , or enjoyed precariously . And we are compelled to say , that the Coalition of Scotland with England , under one Monarch , without a Union between the Two Nations into one Legislative Body and Civil Government , hath given great advantages to our Late Princes of treating us with a Rigour and Loftiness , that our Ancestors were not accustomed unto : And though a small Acquaintance with the Politicks might have instructed the English , that whatsoever received a first Impression amongst us , would sooner or later obtain a second Edition amongst them ; yet they seem'd either not to have foreseen , or at least not to have resented it , until the Original of King Jame's Absolute Power in Scotland ( which all Men were bound to obey without reserve ) was copied over in England , in his Claim of Soveraignty , in dispensing with those Laws , that were the Fence about their Safety . It was from the unconcernedness , which the English have too often testified ; not to say the countenance they have given , in Relation to the Usurpation of our late Kings over the Laws and Liberties of Scotland , that those Princes have despised the Applications made unto them , as well by Parliaments , as by the Nobility and Gentry , for redressing , their Grievances ; and that the Nation remained so long discouraged from relieving it self in those Methods that were left it . And as the Scots did for many Years sadly feel and experience , into what Excess their Kings grew up in Usurping upon their Laws and Liberties ; from a hope and confidence of being justified and supported in those Invasions by the Strength and Treasure of England : So the English cannot be altogether insensible , how Charles the Second not only confronted their Bill of Exclusion in England , with an Act in Scotland for the Hereditary Succession of his Brother , but what large Breaches he was encouraged to make upon their Rights and Priviledges , after his having obtained an Assistance of 22000 Men , to be enacted and granted unto him by Law in Scotland , and those to be used in what places and upon what occasions he should please to imploy them . Nor are we able sufficiently to express our Obligations to His Present Majesty , who being extremly sensible , that our remaining disunited in our Governments , and two distinct Monarchies , though link'd together under one Monarch , hath been one of the great Occasions and chief Sources of our common Miseries and Oppressions ; and being desirous both to redeem us from the illegal Sufferings we have already felt , and to obviate those which might break in upon us under future Reigns , hath therefore invited the Nations to such an Union of strength , Councils and Legislative Authority , as may render them a Defence to each other ; and not Instruments and Tools of enslaving one another , and a mutual Prey . Which as all wise and good Men do earnestly long for , so the common Interest of the two Nations obliges them speedily to endeavour . But we are forced to add , that besides the Encouragement which our late Princes have assumed unto themselves , of Usurping upon the Rights and Liberties of Scotland , from an expectation of being supported in it by the Power and Wealth of England ; There is another Cause , unto which much of their Invasion upon the Scot's Priviledges is to be ascribed , and unto which we are forced to resolve many of our Miseries , as the Spring whence they have flowed . For upon the Succession of our Kings to the Crown of England , and their fixing their Royal Abode and Regal Seat in that Kingdom ▪ they are thereupon fallen into a Method of deriving their knowledg of Scotish Laws and Customs , of being informed of the Grievances of that Nation , and of receiving Impressions of Persons and Things from one or two Ministers chosen to reside about them , and in order thereunto advanced into Places of Honour and Trust ; and who too often have been found to want either the Honesty , Wisdom , or Courage requisite in those upon whom so much comes to be devolved . Surely the World hath had sufficient Evidence in the Ministry of the late Duke Lauderdale , what Mischiefs a Person in his Post about the King may be instrumental in bringing upon the Kingdom of Scotland : For tho he was endowed with too much Wit and Courage , to be either hector'd or wheedl'd , to be any Man's Tool and Property ; yet through lack of Probity on the one hand , and excess of Ambition on the other , he was easily prevail'd upon to become an Instrument of ruining and enslaving his Country . What may Scotland then dread , if a Person should be honoured with the Character and Trust of Secretary for that Kingdom , in whom all the Qualifications for so considerable a Station , were the sighing decently , the entertaining one with a grave Nod , or if you please , a Grimace instead of a sold Reason ; the making those whom he judgeth Court-Favourites , his unerring Oracles ; and learning the Customs , Rights and Laws of his Nation , from them that never did , nor were obliged to know them ; the recommending those to be Privy-Councellors to the King , who withstood his being so ; the favouring those in obtaining the Office of prosecuting Nocents , who stand accused for endeavouring to subborn Witnesses for destroying the Innocent ; and , as an Addition to all those Accomplishments , should be so swallowed up in the immoderate Love of the World , that instead of having his Thoughts exercised about the Service , Grandeur , and Safety of his Master , should be wholly imploy'd how to ingross the considerable Places of the Kingdom , for inriching his Family . Into what Inconveniences may the best Prince be easily drawn , if his Secretary be unable to advise him what he may legally do , and what he may not ? With what Facility is a weak and easy Person in that Post , misled by an English Minister of State , who has a mind to be revenged upon Scotland for rejecting Episcopacy ? How may a Crafty and Treacherous Courtier , that hath a purpose to play an after-game for the late King , influence a Scots Secretary , unskilled in the Politicks , to imbroil his present Majesty with his People in Scotland ; and all for this , that the Abdicated Monarch may have a new Throw for his Crowns again ? Suppose but one Person in Office about the King for the Affairs of Scotland , and him to be extreamly timerous , What fatal Councils , under the fear of the Whip , may he be prevail'd upon to suggest and give ? Hence it is evident what Disadvantages those of that Nation lie under , of having both their Persons and Actions misrepresented , and their Rights and Liberties undermined and invaded ; and that as well by reason of the King 's residing constantly at so great a distance from them , as because of his having no more Counsellors usually about him , in reference to their Affairs , than who ( as a French King was pleased to express it ) may all ride upon one Horse . Now as it was the Oppression and Slavery under which we had been brought , that rendred His Majesties Undertaking in coming into these Kingdoms with an armed Force , in order to redeem them , both honourable and just : So it was the hope of being delivered by him from Misery and Bondage , that encouraged us first to invite , and then to co-operate with him in the Prosecution and Accomplishment of his glorious Design . It was the Invasions upon our Laws that we complained of , and from which we desired and endeavoured to be relieved ; nor had we any Quarrel with the late King's Counsellors , save as they were Advisers unto , and Instruments of overthrowing them . So that if what the Parliament of Scotland desires to have redressed , be not something wherein their Laws have been invaded , and their Rights violated , they are to blame for insisting upon it as a Claim of Right ; and should rather crave it as an Act of Grace , if they find the want of it prejudicial to the Nation . But if what is required do either appear to have been wrested from the Nation , or that through their not obtaining it , they will be upon all occasions obnoxious to be oppressed and inthralled , we may then assure our selves , that His Majesty is too just , as well as good , to deny them . For as His Majesty doth generously acknowledg in his Declaration emitted at the Hague , for the restoring of the Laws and Liberties of the Kingdom of Scotland , That they who are concerned in the Laws , Liberties and Customs established by Lawful Authority in a Nation , are indispensibly bound to endeavour to preserve and maintain the said Laws , Liberties , and Customs ; so he doth in the same Declaration , sacredly promise , that upon being prosper'd in what he was then undertaking , he will not only free that Kingdom from all hazard of Popery and Arbitrary Power for the future , and deliver it from what at that time did expose it to both , but settle it by Parliament upon such a solid Basis , as to its Religious and Civil Concers , as should most effectually redress all the Grievances under which it had groaned . And therefore as we are not to imagine , that a Parliament , which in the whole course of its Proceedings hath testified so much Love , Loyalty and Zeal for His Majesty , both in advancing Him unto , and maintaining Him in the Throne , will abridg and lessen any of the just and legal Prerogatives of His Crown ; or challenge any Priviledg , Right or Immunity , which their Ancestors have not been possessed of under the best and most Glorious as well as Ancient Reigns ; so it were unpardonable to think , that a Prince of so much Wisdom , Goodness , Honour , Justice and Truch , as His Majesty is known to be , should either insist upon the detaining from His People , what some of his Predecessors have by Fraud and Violence ravished from them ▪ or should so far depart from His Princely and Sacred Word , as to frustrate the Expectations of His Leiges of having those Grievances redressed , which His Parliament have condescended upon as necessary to be remedied . But as His Majesties delaying to gratify the desires of His People , is not the effect of Choice and Inclination , but the result of a Force put upon him through the sinistrous Representations given him of their Demands , both as illegal , and as incroachments upon the Royal Authority : So we do not wonder that the same Person should misreport the Actions of a Parliament , and insinuate into his Master unjust and false glosses of their Votes , who hath had both the Impudence and Treachery to endeavour to Possess the King with Disloyal Characters of his most dutiful , best and useful Subjects . And seeing his Capacity both as a Lawyer , and His Majesties Advocate , hath not served to instruct him of the danger , nor to restrain him from Leasing-making ( which is Treason by the Law of Scotland ) it is to be hop'd that the Persons whom he hath criminally slandered , will have the courage to Impeach him ; and that the Parliament will have the Justice to condemn him to the Punishment that the Law adjudgeth him unto . Nor can it be matter of Astonishment to any , to find a Person imposing upon His Majesty in reference to the Laws , Rights , and Castoms of His Country , who has had the Impudence as well as Malice , to brand those for Republicans , by whose Power , Zeal , and Interest , the Crown came to be conferr'd upon the present King. But they must be Persons of a very short Prospect , who do not perceive , that they who are endeavouring to restore King James , account it expedient to blast those in his present Majesties Esteem , under the reproachful name of Republicans , who have the Loyalty and Courage to venture their whole for his Crown and Dignity , and to withstand those ill Men in what they are about . And I will venture to say it freely , that as it is not Names , but Things which wise Men seek and pursue : So there is no more required to the freeing both Scotland and England from the Common-wealths Men , and from all Republican Principles , but that His Majesty persevere in preserving unto his People their Rights and Liberties ; Esteem Parliaments as well his great Council in Arduous Affairs , as the Suppliers of him in his Necessities with Mony ; and that he make the known Laws the Measure and Standard of his Government . While on the contrary it is in the Power of ill Ministers ( if His Majesty hearken unto them ) to withdraw nine parts of ten of the People in six Months from their Love of Monarchy , and to force them upon wishing for a Common-Wealth . And had it not been for the view which the Nations under the last Reign had of their Royal Highnesses the Prince and Princesse of Orange , and the assurance they entertained of enjoying their Laws and Priviledges , under their Government and Authority , the Methods which the late King took , and the Counsels he followed , would instead of the Translation of the Crown to Their present Majesties , have put an end to the Monarchy . Nor can any thing so affright considering Persons from addictedness to Monarchy , as the leaving the Nations under the Power , Conduct and Authority , of those very Men , by whose Counsels and Management the late King came to forefault His Crown ; seeing some will be so peremptory as to imagine , that it cannot be upon personal liking that they come to be used , but because the nature of the Government requires them , or at least Persons of their Principle , and Political Complexions . But forasmuch as the present Embarrass of His Majesty with his Parliament of Scotland is wholly caused by the Advocate 's abusing His Majesty in the Account he hath given him , both of the Rights and Jurisdictions of the Estates in Parliament Assembled , and of the Laws and Customs of the Kingdom ; I shall therefore in Order to the disparaging of him , with all the Wise and Loyal part of Mankind , and the debarring him the King's Ear , and attracting upon him the Royal Indignation ; Publish the Principle upon which he builds all the Advices he communicateth to his Master , and with which he seeks ▪ to poyson and corrupt His Royal Mind . And this is , That the King hath a separate Interest from his People , which he ought to pursue in distinction from theirs : And this we may be sure he doth not fail of insinuating , either immediately unto his Majesty , or at least to those about him ; seeing he had the Folly , as well as the Impudence , both to assert and to seek to justify it in open and full Parliament . Now whosoever gives himself the trouble of examining the tendency of this Principle , will find the natural Consequences of it to be , That the Prince and People must not only Live in a constant jealousy and dread of one another ; but must always be imbark'd in an intestine War. Nor is it to be avoided , unless either by the King 's arriving at the height of Tyranny , and the Peoples sinking into the Abyss of Slavery , or by the Subjects grasping the whole Power and Authority , and leaving unto the King an empty Name . Yea , it is a destroying of the very end for which Government was ordained of God , and submitted unto by Men ; seeing that was nothing else , but that the whole Society , comprehending Ruler and Ruled , might have but one Common Political Interest ; for the Defence and Security whereof each of them were to have their respective Duties allo●ted unto them : Nay , the very Prerogative acknowledged to belong unto the King , is nothing save a Power ▪ trusted with him , in Relation to some Cases that may emerge , by which he may be the better enabled to preserve the safety of the Community , and to provide for the benefit of the Publick . Nor could Sir J — D — le take a more effectual Course to supplant the King in the Hearts of his People , and to possess them with a Horror of , and an Alienation from his Government , than by his Proclaiming within the Parliament Walls , That the King hath a separate Interest from that of his People , and by Consequence that he is to promote and maintain it , with the Neglect if not the Ruine of theirs ; neither is there any thing more propable than that the Advocate vented it in Treachery to his Majesty , whom out of a Love to the late King , and a Desire to have him restored , he seeks to undermine and betray . For he hath hereby so alarm'd the People in reference to His Majesties Government , and fill'd them with those dismal Apprehensions of what they are to expect , in case the King have a separate Interest from Theirs , that it will be difficult either : to allay their Fears , or to recover them to an intire Trust in his Majesties Justice and Goodness , without removing that Man both from about his Majesties Person , and out of his Councils , who hath given them that frightful Idea of his ensuing Reign . However from this of the Advocate , as well as from innumerable Observations to be made from the present Behaviour and Conduct of those who are received into his Majesties Councils and Service ; after they had not only ministered to King James through the whole Course of his Reign , but co-operated with him in most , if not all the Methods of his Tyranny ; we may rationally venture at this Reflection , ( to wit ) That they are either endeavouring to justify the former Reign , by seeking to expose and disgrace this , Or that they are studying to cover themselves from what they are obnoxious unto , for their Crimes under the last Government , by reacting and repeating the same under the Connivance and Indulgence of the present . And as by the First , they evidently shake his Majesties Throne ; so by the Second , they not only abuse the Mercy of the Government , but despise its Justice : By the Last , they render the Government Vile and Cheap ; and by the former they pursue its Subversion : It must with all lay a great Prejudice upon the Opinion of those that disswade his Majesty from gratifying his People in these Demands , about which so much noise has been made here , as well as there , that they were judged necessary for his Interest as well as the Kingdoms Safety , by , in a manner , the Unanimous Vote of the whole Parliament ; and of which it may be modestly said , that it is not only one of the wisest , but constituted of the most considerable Persons for Quality , Estate , and Esteem in their Country , that ever Scotland had : For even the Vote about the Lords of the Session , which is most censured and stumbled at , pass'd the whole House without any more dissenting Voices than barely four ; and of those Sir J. D — ple , who was the leading Man amongst them , sensibly biassed by the Consideration , that , if the Vote obtained , his Father would have been excluded from the Honourable , and to him Beneficial Place of President , to which he is now advanced . Is it not more likely that these few should act without regard to the King and Kingdom 's Interest , and depart from the Laws , Rights and Customs of the Realm , th●n that the whole Body of the Parliament should be unacquainted with what the Constitution , as well as the common Safety of Prince and People , authorize them to claim ? And that they should exceed the measures of Law , Justice , and Equity , in what they demand ? Nor was the Parliament under the Influence of such Motives for encroaching upon the King's Prerogative , as these Gentlemen were for betraying both the Jurisdiction of Parliament , and the Priviledges of the Nation . For having sacrificed all the Laws and Rights of the Kingdom , under the late Reign , to the Lust and Will of one Arbitrary and Despotical Monarch ; they could do no less , both by the Rules of Policy and Uniformity , than endeavour to vest his present Majesty in the Robberies of former Princes ; there being no such way for Thieves to escape at the Bar , as to prevail with the Judg to receive and harbour their stolen Goods . And for the King to rely upon being informed by Sir J. D — pie , what is the Prerogative of the Crown ? and what are Rights and Jurisdictions of Parliament ? is as if King James's Attorney-General were to be made the Oracle of the Court , in reference to what Crimes and Offences Peers and Gentlemen were to be condemned and executed for ; and for what Failures and Miscarriages Cities and Corporations were to Forefault their Charters , and to be deprived of their Franchises . Could the Parliament have been guilty of so Impudent , as well as Criminal a Thing , as to incroach upon the just Prerogatives of the Crown , and to rob his Majesty of his legal Rights , it would have been more for their Profit and Interest to have effectuated it in relation to the disposal of Offices of state , and of Military Commands , than to claim meerly a right of interposing ; and that only in the Case of a total Vacancy of the Session , about the approving of Persons nominated by His Majesty to judicial Places ▪ For whereas the former would look like the putting themselves into a condition of giving check to their Prince , whenever a Caprici● should take them , and they should fancy themselves agrieved ; all that can be aimed at , or possibly compassed by the latter , is to have Justice equally administred according to the known Laws , which is no less his Majesties Interest than his Duty , to make wise and careful Provision for . In a word , it would seem to command as well as to bespeak belief that a whole Parliament , who in all other Proceedings , have acted with the highest Prudence , Temperance and Justice ; and where there are so many Persons of Vertue , Honour , Probity , and Knowledg of the Laws and Customs of the Nation , should be more regardful of voting justly , and challenging nothing but their legal Rights , than that only four Men should be found insisting upon what is Right ; and they , such as most of them , have been Tools and Instruments in the Breaches made upon the Rights and Liberties of the Nation . And as the whole Blame is to be intirely lodged upon a few Ministers about his Majesty , both as to the delay that hath been given to redress any of the Scots Grievances , and as to the disputing of the Equity and Justice of actually relieving them from some ; so besides the Confidence that all Good Men are possessed with , from the Consideration of his Majesty's Wisdom and Goodness , that all will be at last accommodated to the King's Honour , and the Peoples universal Satisfaction ; the Concessions his Majesty hath lately granted , with reference to the Articles , even against the Opinion of his Ministers , is as an Earnest and Pledg what his People may exspect in reference to the rest , if it can be made appear , that what is further insisted upon , and humbly desired of him , is the relieving of his Subjects , and not the robbing of himself ; the being kind to his People , and not unjust to the Crown ; and the exercising Mercy to all , without being cruel and unrighteous to any . So that we are become obliged , in point of Duty to his Majesty , before whom our Demands and Claims lie , and from the Respect we owe to the English Nation , among whom these Matters are both publickly discoursed , and differently represented and censured : And finally , by the Justice we account due to the Parliament of Scotland , whose Moderation is not only questioned by reason of their Demands , but also their Loyalty : I say , we are become obliged , by all these Motives and Inducements , to enter into a detail of the several Particulars in Controversy , between some of his Majesty's Ministers , and the Parliament of Scotland ; and not only to state with what distinctness we are able , the several heads subjected to debate , but to give all that support & enforcement from Reason , Law and Custom , to the Expediency , as well as Equity of them , that we judg to be requisite ; and that we can dispatch in the narrow room which we have confined our selves unto . In pursuance of which undertaking , We will begin with the Vote to which the Royal Assent is not given ; that referreth to the disabling and precluding Persons from publick Trusts and Imployments . And this we the rather do , both because we can discharge our Hands the soonest of it , and because it is the most censured by some of the English , from an apprehension that what of this Nature passeth into an Act at Edinburgh , may be drawn into President at Westminster . But that every one may judge of it , and what shall be offered in the Vindication of the Necessity and Justice thereof , I shall present the Reader with a Transcript of the Vote : The King and Queens Majesties considering that the Estates of this Kingdom , have by their Vote , declared their Sense and Opinion , That such as have in the former Evil Government been grievous to the Nation , or have shewed Disaffection to the happy Change , by the Blessing of God now brought about , or have been Retarders and Obstructers of the good Designs of the said Estates in their Meeting , are not fit to be imploy'd in the Management of the Affairs of this Kingdom ; Do with Advice and Consent of the Estates of Parliament now Assembled , Statute and Ordain , That no Person of whatsomever Rank or Degree , who in the former Evil Government have been grievous to the Nation , by Acting in the Incroachments , mentioned in the Articles of the Claim of Right , which are declared to be contrary to Law , or who have shewed Disaffection to the happy Change , by the Blessing of God now brought about , by acting in Opposition thereunto , since the time that the King and Queen now Reigning were Proclaimed , or who hath been a Retarder or Obstructer of the good Designs of the said Estates ; viz. The securing the Protestant Religion , the setling the Crown , the establishing the Rights of the Leiges , and the redressing their Grievances , by Acting contrary to these good Designs , since the time that they became publick by Votes , and Acts of the Meeting , be allowed to possess , or be admitted into any Publick Trust , Place , or Imployment , under Their Majesties in this Kingdom . I suppose the Reader by this time surprized at the unreasonableness of the Age we live in , that there should be Men found so void of Sense and Understanding , as to spy out any thing here , that deserves to be clamour'd against , or which is worthy to be complain'd of : Every Line breathes of that Lenity and Moderation , that it savours rather of a defect of Justice , than of any excess of it ; and the utmost hereby designed , is only a disabling a few wicked Men from ruining us for the future , and not a punishing of them for what they have done ; for as there are none excepted as to Life , so the few designed to be debarred from Offices , are described and charactered after such a manner , that the very employing them will Dishonour His Majesty , and Disgrace his Government . There is no abridging His Majesties Mercy , only an endeavour to maintain the Justice of his Undertaking in coming to Deliver us . For having charged the late King 's Evil Counsellors , and them only , with the Crimes upon which he grounded both the Righteousness and the Necessity of his Expedition : Whosoever is so villanous as to advise him to use them , can design no less than deriving an Aspersion upon his Wisdom , Justice and Sincerity . And if the Nations be not delivered from those against whom he declared , how shall we be able to answer his Enemies , who accuse his coming hither , to have been upon another Motive ? For what his Friends affirm to have been bestowed upon him as the Reward only of his Expedition , and of the Deliverance he wrought out for us ; his Adversaries will be encouraged both to believe and say , was the Principal , if not sole end of it : Nor is it meerly needful in order to the Vindication of His Majesties glorious Undertataking in coming into Brittain , That they who were the Instruments of our Slavery and Oppression under the former Government , should be precluded from all share of the Administration under this ; but it is also necessary for the reconciling the Love and Obedience of the People to His Majesties Person and Authority . Courtiers may fancy , that if one be able , he is qualified , without other Ingredients , to be a Minister of State : But the most part of Mankind do always look for some degrees of Honesty in those advanced into the chief Offices in the Government . Nor will People easily believe , that they who betrayed their Laws , Rights and Priviledges , under one Reign , will ever Administer Justice equally , or defend them in their Properties under another . Men may have present ease ▪ but they will be always in fear whilst they remain in the hands of their old Oppressors . It is impossible to keep up in the minds of the Vulgar , honourable Thoughts of King William's Government , if he will chuse to work with King James's Tools . Whosoever Counsels His Majesty to employ those that were the Instruments of the former Tyranny , must intend to bring him under a Suspicion , both of approving that , and of designing the like . No man envieth his Majesties pardoning the worst of his and the Kingdoms Enemies ; but we cannot avoid pitying him , and bewailing our selves , that he is persuaded to use them ; yea the Royal forgiveness ought to confine it self to limits ; and much more should a Prince set Bounds to himself in the Honours and Preferments which he is pleased to bestow . Now having mentioned his Majesties Grace , I 'll venture to say , That after all the Mercy he hath exercised towards his own and his Peoples Enemies , there is not one either Converted to his Interest by it , or that reckons himself obliged to him for it . But instead of attributing their impunity to His Majesties Grace , they ascribe it to the Pusillanimity of the Government ; and in the room of being brought over to serve him , they are emboldened to go on in their Conspiracies against His Person and Dignity . Nor will they ever account themselves indebted to his Mercy , till he hath made some of them the Objects of his Justice . But to return to what I am upon ; should not such an easy Animadversion be inflicted upon those who have oppressed us , as the being shut out from Trusts and Imploys in the Government , We should both tempt them and others to repeat the same Crimes upon the first opportunity that is offer'd unto them . Yea , if instead of falling under such a gentle Mortification , they should be preferred to the chief places of Honour and Profit in the Kingdom , Villainy will be committed in order to Merit ; and Men of brutal and Profligate Principles , will seek to exceed in Unjustice and Treachery , that they may be thought to excel in Desert . And though through the Moderation , Goodness , Wisdom and Justice of Their Majesties , we may escape the Consequences of such a Method during Their Reign , ( which I pray God may be long ) yet Posterity will lose most of the benefit of this Revolution , for want of adjudging those to punishment , that have been Traytors to Societies , and Cannibals to Mankind in this Age , whereby to deter others from being such in the next . The Counsel given to Princes by the Supream Sovereign by whom they Reign , is , That they should punish exorbitant Offenders , to instruct others to fear and forbear doing wickedly : But the Advice thrust upon His Majesty by some ill Men about him , is , That he should cherish and advance them without regard to the effects that may attend it . What a strange Idea will it give the World of our Government , if the rewards of Vertue be made the recompences of Crimes ? And how shall we lift up our Faces to God or Men , if the Malefactors under the last Reign , not only escape under this without Chastisements , but inherit the Preferments and Emoluments of it . If what I have said be not sufficient to justifie both the expediency and equity of the forementioned Vote , I hope the Experience the King hath had of that sort of People , since he received them into his particular Favour , and Principal Service , will reconcile him unto a better Opinion of it , and shew him the necessity of turning those out of Office whom his Parliament would have prevented his taking in . Both the Nations are sensible of His Majesties being betray'd , both in his Councils , and in his Affairs ; and it is very easy to guess by whom it is done . For none so likely to undermine his Throne , as they who endeavoured to hinder and obstruct his Ascending to it : Nor can any Man be Traytors to this King , but they who were the Instruments of the last King's Tyranny . The Cobler's Auls and Ends are unsuitable Furniture in the Painter's Shop . Neither will they ever serve this King with faithfulness in his vindicating the Kingdoms into Liberty , who were the Sworn Vassals to his Predecessors Despotical Will , and his Tools for oppressing and enslaving the Nations . Besides the damage they have brought upon the Nations , and the Treasure they have unprofitably wasted , They have been the Occasion of losing His Majesty more Honour in one Year , than all his Foreign Campaigns ever did since he first Commanded Armies , and presided in Councils ; and should he be prevailed upon by the Adulation and Artifice of any about him to trust the Conduct and Management of his Affairs in the same Hands for one other Year , it may be easily foretold , without Consulting the Stars , that we shall not be in a Condition on the third to save either him or our selves . And as we have no distinct Interest from His Majesties , so all we desire is , That he would vigorously Espouse and Assert his own , upon which we shall both believe and Proclaim our selves happy . For the Vipers durst not hiss but for the warmth they receive through being lodg'd in his Bosom . But to conclude this head ; I am extreamly mistaken , if they who have occasioned and promoted the Quarrelling at the forementioned Vote , do not find that they have consulted worse for themselves , than was designed or intended by those who they account for their Enemies For this Parliament will undoubtedly at their next Assembling , be so far from departing from what they have Voted , that instead of acquiescing there , and being contented with the having the betrayers of their Laws , the Oppressors and Murderers of the Leiges , and the Obstructors of the King and Kingdoms Establishment , only debarr'd and excluded from Places of Preferments , Profit and Trust in the Government ; that they will be justly provoked , and see it to be indispensibly necessary to Impeach and Proceed capitally against some of them . Their despising as well as refusing of Lenity , will derive upon them the severities their Crimes at first deserved , but which that Prudent , Temperate , and Indulgent Senate , were will●ng to have mitigated by exchange of them into milder . And as we are fully assured , that so wise and good a Prince as His Majesty , can never entertain either mean or distrustful thoughts of a Parliament , that hath given him so many and eminent Testimonies of their Loyalty , much less be prevailed upon to Dissolve them , while the Nation is in so Distressed and Unsetled a Condition ; an Armed Enemy in its Bowels , and the ferment every where so high , that nothing can allay it , but their being continued , and being allowed to meet at the appointed day to which they are Adjourned ; so we are no less assured , that they who are said to be the Zealots in this Parliament , and to have the chief Conduct of , and the prevailing sway in all Business and Affairs that come before it , can neither miss being chosen into , nor have less Interest and Esteem in another . So long as Persons of Fortune , Quality , and Interest , continue to assert the Laws and Rights of their Countrey , and to pursue the joint Interest of the King and Kingdom ; the Obloquies cast upon them by such as dread and dislike their Courage and Integrity , will only increase their Reputation , and Oblige all those Senators and Members of Parliament , that are honest , to put the more value upon them . But to Supersede all fear of this Parliaments being D●ssolved , without both Assembling , and Dispatching business , the King by a Law , to which the Royal Assent was given the last Session , abridged himself of all Power in that Matter . For in the Act that past the first of July , whereby Prelacy and the Superiority of any Office in the Church above Presbyters , is abolished , it is declared , That the King and Queen's Majesties , with the Advice and Consent of the Estates of this Parliament , will settle by Law , that Church-Government in the Kingdom , which is most agreeable to the Inclinations of the People . So that whosoever shall have the Impudence to advise His Majesty to Dissolve this Parliament , before there be by Law some Government erected in the Church , Doth both tempt him to violate his Faith , and to trample upon one Express Statute , to which himself hath given the Royal Assent . The next contested Vote that we are to Address our selves unto , and whereof we are to demonstrate the Legality , Reasonableness , and Necessity , is that which relates unto the Privilege of the Estates of Parliament , in nominating and appointing Committees , of which I do here subjoin an Authentick Copy . Forasmuch as the meeting of the Estates of this Kingdom , did by their Vote of the Eleventh of April last , represent among other Grievances , That the Committee of Parliament called the Articles , is a great Grievance to the Nation , and that there ought to be no Committees of Parliament , but such as are freely Chosen by the Estates , to prepare Motions and Overtures that are first Tabled in the House : Therefore Their Majesties with the Advice and Consent of the Estates of Parliament , do Enact and Declare , That it is the undoubted Privilege of the Three Estates of Parliament , to Nominate and Appoint Committees of Parliament of what Number of Members they please , being equal of every Estate ▪ and Chosen by the respective Estates ; viz. the Noblemen by the Estate of the Noblemen , the Barons by the Estate of the Barons ; and the Burroughs by the Estate of the Burroughs , for preparing Motions and Overtures that are first made in the House , or that the House may Treat , Vote , and Conclude upon matters brought in plain Parliament , without remitting them to any Committee , if they think fit : Or that the House may appoint Plurality of Committees for any Motions or Overtures that need to be prepared or digested for them : Declaring hereby , That no Officers of State are to be Members , except they be Chosen . And hereby rescinds the first Act of the Third Session of the first Parliament of King Charles the Second , and all other Laws and Customs , establishing the manner of Election , and Power of any Committees of Parliament , in so far as they are not conform to this Act. So sensible was the Meeting of the Estates , that the Committee of Articles was according to late Custom , Regulation , and Practice , an intolerable Grievance to the Kingdom , and a high Incroachment upon the Liberty and Jurisdiction of Parliament ; that before the disposal of the Crown to Their present Majesties , they made their being relieved from it , one of the Stipulations , and an Article of Contract , upon which Their Majesties had the Crown conferred upon them , and upon which the People agreed to yield them Obedience and Subjection . For among several things which they covenanted as well as provided , for the redressing of , when in the Name both of themselves , and of the whole People of Scotland , whom they represented , they yielded up , and conveyed over the Crown of that Kingdom to William and Mary : This was the first Grievance that they mentioned , and made it a matter of Bargain and Compact , as well as of Petition and Desire to be eased from it . The words that were proposed and read to Their Majesties in the Banqueting-House , upon that Solemn Occasion of presenting Them with the Instrument of Government , are as followeth . The Estates of the Kingdom of Scotland do represent , That the Committee of Parliament , called the Articles , is a great Grievance to the Nation , and that there ought to be no Committees of Parliament , but such as are freely chosen by the Estates to prepare Motions and Overtures that are first made in the House . What ill Men must they now be , that durst advise a Prince of that Honour , Veracity , and inviolable Faith , as His Majesty is universally known and acknowledged to be , to delay or clog the satisfying of His People in the foregoing particular : Seeing the meer procrastinating and adjourning the giving them contentment in it , hath a visible and natural tendency , if possible , to the weakning their Faith and Confidence both in his Truth and Goodness . It would appear , that some have a mind to make their Master seem faithless , to justify their being truly such themselves· Or else they have a design to vindicate King James's breach of all Stipulations and Promises , by persuading King William to do the same . Or , which is extreme likely , they would by His present Majesty's departure from that seeming Compact , upon which he received the Crown , reflect folly and injustice upon the Parliaments Deposing the Late King , for his violating the Original Contract . But that we may discourse intelligibly of that Committee called the Articles , it will be needful to give some brief account both of what it originally was , and what by degrees it grew up , or rather degenerated into , till it became at last an insupportable Grievance to the Nation , and rendred Parliaments either wholly useless , or mere Instruments for pursuing and executing the King 's Will. Now by what appeareth either from our History , Records or Statute-Books , there was no such thing anciently as a Committee , or Lords of Articles , but every thing was as well originally moved as debated and concluded in full Parliament . For the first mention we meet with in our Records , of Lords of the Articles , is in the Year 1466. Under the Reign of King James the Third : Where we find , that upon the Convention of the Estates of Parliament , they not only chose so many from among themselves , to be Judges in Civil and Criminal Causes , who are styled Domini ad querelas , there being then no Judicial Court , save what the Parliament constituted from time to time out of their own Body : But that they also elected three Persons for the Clergy , three for the Barons , and three for the Burgesses , to consider of , and prepare matters fit and needful for the House to bring into debate , and to come to Votes and Resolutions about . By which it seems that this Committee of the Articles had no auspicious beginning , having its rise under one of the worst of all our Kings , and who came to the most unhappy and unfortunate end : However there appears no such thing here , as that the Officers of State were to be supernumerary to those chosen by the Parliament ; or that the King , either by himself , or by one representing him , chose any of them ; but it is evident from the Record , that they were wholly and entirely elected by the States themselves in Parliament assembled . And though the being an Officer of State , was never esteemed a ground disabling and incapacitating a Person from being a Member of the Committee of Articles ; yet upon a perusal of the Records , I do not find that any Officers of State made a part of the Lords of the Articles , until the year 1567. and their being then of that number was not ratione Officii , but by reason of the Parliament's having elected them into that Station . For whosoever consults the Records of Parliament of the years , 1467. 1475. 1524. 1526. 1528. 1537. 1542. 1543. will find that the Officers of State were so far from being supernumerary in the Committees of the Articles , that they were not so much as elected into that Trust , nor had any room or place allowed them there ; though it appears by the Records of all those Parliaments , that there were Members chosen by , and out of the respective Estates , sometimes in larger , and sometimes in lesser numbers to make up and constitute such Committees . Yea , I cannot but add , That our not meeting with any mention of the Lords of Articles of the Parliaments Assembled , and held 1469. 1471. 1474. 1481. 1483. 1488. 1489. 1491. 1493. 1505. 1515. 1522. 1535. 1540. 1546. 1551. is an undoubted Evidence , that the having Committees of the Articles was not a thing of indispensible necessity , or to which Parliaments were legally obliged ; but that it was a matter of Arbitrary Pleasure , and that they were chosen or omitted , as the House thought to be most useful and convenient for the management and dispatch of their Affairs . And though it cannot be denied , but that after the year 1567. some of the Officers of State were now and then thought worthy by reason of their moral and intellectual abilities to be chosen among others for Lords of the Articles , as in the Parliaments held in the years 1581. and 1593. yet it is most evident , that they were not elected into that Committee by virtue and reason of their Offices , much less sat there as supernumerary to those chosen by the Estates ; forasmuch as in other Parliaments , particularly in those held in the years 1587. 1592. and 1594. there is no intelligence , report or remembrance of them , in the Registers and Lists of those of whom the forementioned Committees were made up and constituted . And that which puts it beyond all possibility of being controuled ( save either by ignorant , or by impudent and self-condemned Men ) that no Officers of State had right anciently to be of the Committee of Articles , unless previously chosen by the Estates of Parliament , is the 37. Act of Parl. 11. of James the Sixth : Where Provision being made by Law about the number whereof that Committee should be constituted ; It is , without the least mention or suggestion of those Officers of State , enacted and ordained , that the number of the Lords of Articles be equal in each Estate , and that the ' fewest number of every Estate be Six , and the greatest number Ten. Yea so far were those , styled Lords of Articles , from having originally the sole power of preparing matters , and of bringing in Motions and Overtures , to be considered and debated in Parliament ▪ exclusive of other Members of the House , who were not of that Committee ; that both at first , and for a long tract of time afterwards , they were not so much as a Committee of Articles of , and to that Parliament by which they were chosen , and of which they were Sitting and actual Members ; but were only so in reference to the next Parliament that should succeed ; against whose meeting they were to prepare such things as they should judge to be most fit and expedient to be then taken into consideration ; but still with a right as well as with a liberty reserved to that future Parliament , not only to receive or reject what should be thus maturated and offered unto them ; but to admit whatsoever Overtures they pleased , that should be made unto any of the Members of their own House . It was the Ancient Custom and Practice of Scotland , that the Sitting Parliament antecedently to its Dissolution and Separating , elected so many from among themselves , who were in the interval betwixt that and the next Parliament , to make inquiry into the necessities of the Lieges , and into the State of the Kingdom ; and accordingly to draw up and prepare such Overtures , as should carry that relief and remedy in them , which might give a redress unto Grievances , be a mean● of preserving the Nation in safety , and of promoting the prosperity of the Subjects . Now from this harmless beginning of the Committee of Articles , it hath , through the Usurpation of our Kings , especially after their Succession to the Crown of England , and the remove of their Royal Abode thither , and through the officiousness of publick Ministers to the Prince , and treachery to their Countrey , grown up at last to that exorbitancy , that it is not only become burthensome , but intolerable . For by reason of the Parliaments coming at last to commit the inspection into all Affairs , and preparing all remedies unto Grievances , into a few hands , and those to be unchangeable during a whole Session ; Our Late Monarchs obtained such a handle whereby they might incroach upon the Jurisdiction of Parliaments , and the Liberties of the People , that they soon improv'd it to the eluding of all the good that the Kingdom was to expect from Parliaments , and to the making those who were designed to be the means of our safety , become the Instruments of our Ruin. For the accomplishment whereof , and the more effectual rendring the Lords of Articles , Vassals unto the Monarch's Will , and Tools for executing his Pleasure , they first prevailed to have the Officers of State admitted into that Committee as Supernumeraries , and that , without being Nominated and Elected by the Estates in Parliament , they should have a right to sit there Ratione Officii , by vertue of the Imployments they held in the Government . For King James the Sixth , being by the adulation of the English Bishops , brought intirely over to their Interest , as well as to their Opinions , about Church Discipline and Worship , and having a mind in requital to the Church of Scotland , for all the kindness they had expressed to him , both in his Infancy and riper years , to obtrude upon them the English Ceremonies , he did in order to the more easie effectuating of it , flatter , cajole , and bribe , as well as huff , and awe the Parliament Anno 1621. to allow the Officers of State to Sit as Supernumeraries , without being chosen in the Committee of Articles . And thus he forced those Innovations , commonly known by the Name of the Five Articles of Perth , upon the poor Church of Scotland , having by those Supernumerary Officers , not only so moulded the Committee of Articles , as to pass and present them , but thereby laid the Foundation of their being ordained and enacted in the House . And to make the Lords of Articles yet more grievous and intollerable . King Charles the First , ( whose invasions upon the Rights and Liberties of his People , proved Fatal both to him and them ) overthrew the Ancient Method of their Elections , and brought the choice of them into such a Channel , as could issue in no less than Tyranny in the Soveraign , and Slavery in the Subjects . For whereas by Law and Custom , the Lords were to choose the Lords , and the Barons to choose the Barons , &c Charles the First did in his Parliament held Anno 1633. when he was in the heigth of his Greatness , change and innovate this Method , and having divested the whole respective Estates , of choosing severally their respective Commissioners he assumed a Power to himself , with a right of consigning it over to his Commissioner in Parliament , for chusing Eight Bishops consigning to the said Eight Bishops , a Power of chusing Eight Noblemen , and restraining to the said Eight Noblemen , together with the aforesaid Eight Bishops , a Power of choosing Eight Barons , and Eight Burgesses ; and that these in conjunction with the Officers of State as Supernumeraries , should be the whole and sole Lords of Articles , exclusive of all others . Finally , to render that Committee yet more insupportable , the sole Right as well as Liberty of bringing in Motions , of making overtures for redressing Wrongs ; and of proposing means and expedients , either for the relief or the safety and benefit of the Subject , is intirely restrained unto , and lodged wholly in this Committee : Neither is it by our late Practice lawful for any Member or Members , that are not of that packt Club and Society , to make the least proposal or motion , either for the repealing of an ill Law , or for the enacting of a good . So that I would now hope , that the meer representing of this Committee of Articles , as it is now transformed and degenerated from what it formerly was , is enough to justify the Vote of the present Parliament , about the having that grievance redressed , and to vindicate them from the Obloquie they have lain under , for insisting upon having Parliaments loosened from those Fetters . For where is the Liberty of Speech , and Voting , essential to a Legislative Body , if Parliaments must be thus muzled ? How-is a Kingdom eluded out of all the good that they expect from any Parliament , if their Representatives may neither lay open their Sores , nor offer Plaisters in order to their Cure ? How miserably would things have proceeded in the late Meeting of Estates , if nothing was to have been before them , but what a Committee , where Eight Scotch Bishops were to have the Electing of Eight Noblemen , and they together the chusing of the rest , with King James's Officers of State Supernumerary , that should have prepared Overtures for that Great and Illustrious Assembly ? I dare say , That the being bound up to such a Method , would have more effectually secured the Throne to King James , than all the Swords of his Partizans . Nor can Parliaments be designed for any thing , under such a Constitution of a constant Committee , with the Officers of State Supernumerary , but to enlarge the Prerogative of the Crown , and to levy Money from the People . But Blessed be God , His Majesty wants not Inclination to deliver his People from this , and from all other Grievances , but only wants Persons about him , to set them in that Light that he may discern them . Therefore we complain not of His Majesty for the delaying the Satisfaction that his People waited for ; but we complain of those ill Men , who told him , That to part with the Lords of the Articles , was to throw away the brightest Jewel of his Crown . Whereas it appears from what hath been said , that there is nothing desired , whereby His Majesty's Legal Prerogative can be diminished and lessened , but that all which is humbly craved , is the redeeming his Parliament and People from an ignominious and burthensom Yoke ; and their being reliev'd from the Invasion and Usurpations made upon their Laws and Customs , by the Craft and Violence of some of their Monarchs . Nay , the very contending for the continuing the Officers of State as Supernumerary in their Committees , without the being Elected unto them by the Estates in Parliament , in both an Aspersion upon the Wisdom of the Parliament , as if they knew not how to pay the respect and deference due to those Officers , till compell'd unto it ; and a Reflection upon their Loyalty , as if no Persons could be tender or regardful of His Majesties Interest among the Committees of Parliament , unless received into the King's immediate Service , and brought under the Influence of Honours and Emoluments . But whosoever suggests this unto the King , must be one that is accustomed to draw other Mens Pictures by his own Original ; and who by acting in all things himself as a Mercenary , strives to represent the rest of Mankind , as equally Base and Villanous . Nor can that Advice insinuated into His Majesty , of having the Officers of State Supernumerary in the Committees of Parliament , be supported by any reason , but what borders upon Treason ; which is the King 's having and being obliged to pursue a separate interest from that of his People ; and as nothing would more Universally lose His Majesty the Hearts of his People , than the being wrought into a belief of it ; so whatsoever is likely to tempt them into such a persuasion , is at all times , but especially at this , to be industriously avoided by the King. The only thing remaining , wherein His Majesty's Parliament of Scotland seems to be misunderstood by him , is their Vote concerning the Nomination of the ordinary Lords of the Session , and the Election of the President . For that which they propose , both as required by , and agreeable unto their Laws , and as necessary in order to the equal Administration of Justice , is , That the ordinary Lords being in a total Vacation nominated by the King , they are to be Tryed , and Admitted or Rejected by Parliament ; and that in a particular Vacation , being likewise nominated by the King , they are to be Tryed and Admitted or Rejected by the other Lords of Session ; and that in both cases the President be chosen by the Lords of Session themselves . Now this being the great Matter wherein His Parliament is represented unto him , as endeavouring to encroach upon , and subvert His Royal Prerogative ; and it being the particular , in reference unto which he hath been prevailed upon to exert an Authority to that height and degree , that there seems no room left for any expedient , but that either the Parliament must depart from their Vote , or that His Majesty would be pleas'd to part with those , who through abusing his Goodness , have misled him into an exercise of Royal Power which the Laws cannot justifie . It will be absolutely needful , that the Reader , in order to his being inabled to form a Right and impartial Judgment of this perplexed and intangled Affair , should be first made acquainted with the Vote it self , as well as afterwards be informed of what is to be said in the Vindication of it . The Words therefore of the Vote are as followeth ; The King and Queen's Majesties considering , That by the Laws of the Kingdom , when the place of an Ordinary Lord of the Session doth Vacate , it is to be supplied by the King's Nomination of a fit and qualified Person for the said Office , and presenting him to the rest of the Lords to be tryed , and admitted or rejected by them : And that there is now a total Vacancy of the Lords of the Session , by the happy change through the Blessing of God now brought about , so that there can be no such Tryal by the Lords ; and that when such total Vacancies have fallen out , the Lords were either nominated by King and Parliament jointly ; or if they were nominated by the King , the nomination was approved , and the Lords so nominated , were admitted by the Parliament ; Therefore Their Majesties do Declare , That they will nominate fit and qualified Persons to the said Offices , and present them to the Parliament to be tried and admitted or rejected by them : Like as Their Majesties with the advice and consent of the Estates in Parliament , Statute and Ordain , that in all time hereafter , when any such total Vacancy shall occur , the nomination of the Lords of the Session shall be by the King or Queen for the time being ; and in case of their minority , by their Regent , they nominating fit and qualifiad Persons to the said Offices , and presenting them to the Parliament to be tryed , and admitted or rejected in manner aforesaid . Like as Their Majesties with the advice and consent aforesaid , ratify and approve the 93 d Act of the Sixth Parliament of King James the Sixth , anent the admission of the Ordinary Lords of Session , and Reformation of certain Abuses therein : And the 132 d Act of the Twelfth Parliament of King James the Sixth anent the Jurisdiction , Presentation , Qualities and Age of the Lords of the Session , in the whole Heads , Clauses and Articles thereof , and particularly the Clause contained in the said two Acts , Declaring that in all times thereafter , when any place should be vacant in the Session , that His Majesty should nominate and present thereunto a Man fearing God , of good Literature , Practick Judgment and Vnderstanding in the Laws , of good Fame , having s●fficient Living of his own , worth Twenty Chalders of Victual of yearly Rent , and who can make good expedition and dispatch in matters touching the Lieges of the Realm ; and likewise that Clause contained in the 93 d Act of the Sixth Parliament of King James the Sixth , Declaring that the President of the College of Justice shall be elected by the whole Senate thereof , being a Man of the Conditions and Qualities above-written , for chusing and electing of whom the King's Majesty and Estates dispence with that first part of the Institution of the College of Justice anent the Election of the President , Declaring that in case of the absence of the Chancellor and President for the time , it shall be lawful for the Lords to chuse and elect any one of their own number , whom they think qualified and worthiest , who shall be called Vice-President for using of the said Office , ay and while the Return of the said Chancellor and President . Like as Their Majesties , with advice and consent aforesaid , Statute and Ordain , that the whole Qualifications abovementioned , be duly observed in the admission of the Lords of the Session , in all time coming , and that as well in the case of a total , as of a single Vacancy . This being the Vote so declaimed against , and in contempt whereof , and in opposition whereunto , some Persons having surreptitiously and fraudulently obtained Warrant , Countenance and Authority from the King , are so vent'rous as to dare to act : We shall , both with all the Loyalty and Modesty that becomes a Subject , and an honest Man , and yet with that freedom and plainness , which one who hath no other design , save to serve God , his King , and his Country , with uprightness and integrity should value himself upon , endeavour to vindicate the Wisdom , as well as the Justice of the Parliament in the forementioned Vote . In the performing whereof , with all that exactness which brevity will allow , I shall begin with an account of the first Administration of Civil Justice in the Kingdom of Scotland that we meet with in our Records . For the College of Justice consisting of those called the Lords of the Session , not having been institute till the Reign of King James the Fifth , Anno 1537. The Administration of Justice was before that time , not only ambulatory and itinerant , but was discharged and executed by such Members of Parliament as the Estates of the Kingdom , in their several Sessions elected from among themselves , and authorized thereunto . Nor had they only their whole Authority from the Estates in Parliament , but to speak properly , they were Committees of Parliament Authorized to such a Work and Office , and accountable to Parliaments for the discharge of the Trusts committed unto them ; for the Domini electi ad causas , whom we so often meet with in the Records of Parliament , particularly in those of the Years 1524. 1526. 1528. were such Members as every respective Parliament elected from within their own Walls , for the Administration of Justice between the King and his Lieges , and between one Subject and another . From whence it appears , that it not only appertained unto the Parliament to see that Justice was duly administred , but that the Right was originally in them of nominating and ordaining the Administrators of it . Which makes it very improbable , that after rheir having been possessed of such a Right , Authority and Jurisdiction for so long time , they should so wholly part from , and intirely surrender it as upon no Occasion or Emergency whatsoever to leave unto themselves a share , or reserve a concern in it . Let us add to this , That when the College of Justice came to be instituted , Anno 1●37 . Parl. 5 King James the 5 th . Act 36. though it was Established and Ordained by the Legislative Authority of the King and Estates joyntly , and not by an exertion of meer Royal Prerogative , yet the Estates in Parliament then Assembled , both took upon them ▪ and were allowed the Nomination and Choice of the President , as well as of all that were then called forth and advanced to be Lords of the Session , or College of Justice , as appears by the 39. and 41. Acts of the aforementioned Parliament . Yea it is further evident from the Records of Parliament , that the Estates of the Kingdom did often in succeeding Parliaments Nominate , Choose and Impower , those very Lords that were actually of the Session , to continue in the Administration of Justice , which sheweth beyond all rational contradiction , that they could much less ●nter upon the Office at first without their being Chosen and Approved by the Estates 〈◊〉 ●arliament . Thus Anno 1542. being the first of Mary , we find the President with the rest of the Lords of Session Chosen and Impowered a new , as Auditores ad causas , for the hearing and deciding Civil and Criminal Causes . And again we find the Parliament of the Second of Mary , Anno 1543. not only ratifying by the Legislative Authority of the Queen and Estates , the Institution of the College of Justice , but we find the Estates alone nominating and choosing ad causas , the President cum caeteris Dominis Sessionis & Collegii Justitiae . But forasmuch as there was a change given afterwards by Laws to this Course and Method , and a new Regulation ordained by subsequent Statutes of the College of Justice , wherein both the qualifications of those that are to be Chosen Lords of the Session , and the manner of their Approbation are required and appointed : We are therefore obliged in the next place to look into those Laws , and to examine whether they detract from the Prudence , and weaken the Justice of the Parliament , in their fore-mentioned Vote ; or whether they not only Countenance and Suppport , but Justifie and Vindicate them . And We 'll begin with the 93 Act 6 Parliament James 6 ▪ where it being acknowledged , That the Nomination of the Lords of the Session belongeth unto the King , and that he ought to name such as have the Qualifications there required , which are already specified in the aforesaid Vote ; It is further added , That in all time coming , when an ordinary Place becomes vacant in the Session , the Person nominated thereunto by the King , shall be sufficiently tryed and examined , by a sufficient number of the Ordinary Lords of the College of Justice , for whom it shall be Lawful to refuse the Person presented unto them , and that the King in that Case shall present another , and that so often until the Person presented be found qualified . But seeing this Act may be said to have passed in the minority of King James , and the force of it be thereupon endeavoured to be eluded , We will therefore consult Act 134. Parl. 12. James 6. wherein , besides a Repetition and a Confirmation of all that is mentioned and ordained in the former Act , there is further added , That none shall be received to any Place of Senator in the College of Justice , unless he be sufficiently tryed by the whole College of Justice . Now as those are the Laws relating unto , and regulating the Nomination , Examination and Approbation of the Ordinary Lords of the College of Justice , the Practice hath been in all Times conformable thereunto . So that the First Parliament of King Charles the Second , which through the prevailing of the like Folly and Madness in Scotland , which then reigned in England , rob'd the Kingdom of many of its Rights and Privileges , to increase and inlarge the Prerogative of the Crown ; yet they were so ●ender of making any Innovations in his particular , that by their Second Act of that Parliament they Ordain , The Nomination of the Lords of Session to remain as in former Times , preceding the Year 1637. And accordingly we find , as there have been several , who upon single Vacancies in Former Reigns had been rejected by the Lords of the College of Justice , though nominated by our Kings : So there was one Sir William Ballanden , whom Charles the Second had nominated and recommended , who upon examination by the rest of the Lords was refused and rejected , as a Person not Qualified according to the Statutes of the Realm . Is it not therefore unreasonable to be imagined , That the King , who upon a single Vacancy cannot constitute one Judg , till he be examined and approved , should nevertheless be esteemed impowered to constitute the whole Bench of the College of Justice , without a previous Examination and Approbation ? How improvident were our Parliaments , and how weak and ridiculous are our Laws , if all that is provided for , be only the restraining the King from making one Judg that is unqualified ; and at the same time to allow him a Power and Authority of making Fifteen that are unqualified , for such they are to be esteemed , till they have been tried and approved ? There can be nothing more unquestionable , than that they who are nominated by the King to be Judges , ought , according to the Laws of Scotland , to be tried and approved before they be accounted or authorized to sit and act ; and therefore , there being upon a total Vacancy , no Lords of the College of Justice to try , examine and approve those whom the King hath nominated and recommended , it would seem to be uncontroulable by all Persons pretending to reason , and acquainted with our Laws and Customs , That the Right of examining , and of admitting or rejecting them , comes to be devolved upon the Parliament ; which is the whole that is desired in the forementioned Vote . Nor is there any mean , but that they either must ascend the Bench without undergoing a Tryal , or receiving an Approbation , which is openly to Affront the Laws ; or else the Power and Right of approving , and of accepting , or rejecting , must be acknowledged to reside in the Estates of Parliament . Nor was this ever denied them in the Case of a total Vacancy under the worst of the foregoing Reigns . Which makes it the more doleful as well as Amazing , that through the Subornation and Crafty , but false insinuations of Evil Men , there should be an endeavour of wresting it from them under the Reign of so Gracious and Temperate a Prince , whom they with so much Affection and Zeal called and invited to the Throne ; not only in gratitude for his having delivered them from Popery , but out of a hope and prospect of his relieving them from all their other Grievances . It hath been already proved beyond the p●ssib●lity of a Reply , That the fi●st Institution of the College of Justice , and the Nomination as well as Approbation of those that were then advanced to be Lords of Session , was by the Estates Assembled in Parliament . And I do now fur●her affirm , That in the two total Vacancies , which are all that have since occurred , besides this that hath now fallen out upon the late happy Revolution , the Estates in Parliament were indisputably allowed the Right of admitting , or rejecting those of whom the College of Justice was to be freshly ●onstituted ; for upon the total Vacancy in the year 1641 , which was the first that had been from the Institution of the Lords of the Session , the Parliament not only Challenged the Approving , but they took upon them the joynt Nomination with the King , of all the Persons that were to be admitted into , and created Members of the College of Justice . But this Example and P●esident , I will not insist upon , seeing there was something unjust and illegal in it , as well as something just and legal . For not being satisfied with the Right of admitting , to which Law and Reason gave them an unquestionable Title , they usurped upon the Crown , and took upon them the Power of nominating , which had been granted by former Laws unto the King. Let us therefore see what was done upon that other total Vacancy , which occurred at the Restauration of Charles II. when nothing would have been departed from by the King , that he could have with held without the highest Injustice ; nor any thing either claimed or accepted by the Parliament that they could have sacrificed or surrendred without becoming obnoxious to eminent dangers ; and yet even then the King having nominated those whom he designed for the Lords of Session , the Approbation of them was submitted unto the Parliament ; and the Esta●es having in full Parliament consider'd them , they admitted and received them . It is true that the Parliament did not bring them single before them , and there Try and Examine them , not because they might not have done it , but because there was no need of it , being all of them of that Eminency , as to be Universally and Notoriously known to have all the Qualifications required by the Statutes . Yea though that Parliament was abundantly officious towards the Crown , and Loyal to that excess to the King , as to be Disloyal to their Countrey ▪ and unfaithful to their Constituents ; Yet in the Second Act of their first Session , by which they restore to the King what had been wrested from him in the Parliament 164● , they allow him no more in reference to the Lords of the College of Justice , but the right of nomination as the Crown had enjoyed it , preceeding the Year 16●7 . But I hear there are some , who finding His Majesty unalterably resolved not to depart from the known and just Laws of the Land in the Governing of his People , have therefore , to elude the force of what hath been here Represented , and to divert His Majesty from hearkning to the humble desir●s of his Parliament in this matter , been guilty of the Treachery as well as the Impudence to suggest unto His M●jesty , That there is not now a total Vacancy , there being of the fift●en nominate by His Majesty for Lords of the Session , three that were antecedently such ; and that it belongeth unto them Three to try and approve the others ; and that what the Parliament pretends unto , being only in the Case of a total Vacancy , is here wholly Superceded ; and that for any to insist upon it , is an incroachment upon the Prerogative of the King , and a robbing of the Lords of Session , of a Privilege vested in them by Law. Now tho all that is here insinuated , be rather the Offering an Affront to our Understandings , than the Accosting us with a reasonable Objection ; yet we will so far condescend to the weakness of those that are ignorant of the Laws and Customs of Scotland , as to return such a Reply unto it , which may not only convince all Mankind of the im●ertinency of it , but expose those that are the Authors of it , to be either loathed as ill men , or ridiculed as silly . For First , Supposing that S — , N — , and M — , who are all that can be referred unto in the pretended Objection , did still remain Lords of the College of Justice , by Reason of their having formerly been so : Yet they are too few to constitute a Session , which they ought to be , before they take upon them to Try and Approve such as are recommended unto them by the Kings nomination . The Quorum of which a Session ought to consist , before it can Exercise any Legal Authority , should be Nine , which I think no Arithmetick will make Three to be . Nor will my Lord S — , and his Son Sir J. D — , find that Success in their Attempts against the first and self-evident Principles of natural Sciences , and of the Mathematicks , that they have had in Undermining and Subverting the Laws of their Countrey . Secondly , for any Person named by the King in order to the being received as a Lord of the Session to be examined and approved by Three , tho granted to be Actual and Sitting Lords of the College of Justice , is expresly repugnant to an Act of the Session it self , confirmed by the King's Letter , An. 1674. It being provided by that Act , That when any new Lords of Session shall be presented by His Majesty for Tryal of their Qualifications , that they shall be present one day in the Outer-House , where they are to inspect a Process that shall be carried to interloquitor , and from thence make Report of all the Points therein contained , to the whole Lords of Session ; and then for compleating their Tryal , shall sit another day in the Inner-House ; and after the bringing the dispute of some point of Law to a Period , shall give their Opinion about it in presence of all those Lords of which that House doth then consist . Now as this Order and Rule is appointed to be observed constantly in all time coming , about the Tryal of Lords nominate by the King , and to be admitted , and hath been accordingly observed and practised ever since , till the present Vacancy ; so it is evident to all who have not renounced common sense , that the Regulation , Order , and Method of Tryal , prescribed by the foregoing Act , is altogether impracticable , where the Lords that are to be the Tryers , and Examinants , are to be three . But then thirdly , It is the most absurd thing imaginable to fancy , That because Three of the Lords now nominated by the King , were heretofore Lords of Session , that therefore there hath not been a total Vacancy upon this late and happy Revolution . I am sure that in the parallel Case , Anno 1661. the Parliament in the Preface unto the Statute , by which they admitted those to be Lords of the Session whom the King had then named , they call it a new and intire nomination , which they neither could nor would have done , if they had not judged the Vacancy to be total , and yet three of the Lords then nominated by Charles the Second , viz. H — C — and L — had been Lords of Session , and had sate in the College of Justice before that nomination . Fourthly , If S — N — and M — 's having been once Lords of Session be enough to hinder the late Vacation of the Session from being total ; then I challenge all the World to tell me what can either make a single , or a total Vacancy ; yea , if those Gentlemens Places were not voided after what had befallen them , and the placing others for several years in their room , I do much question whether their death can make their Places Vacant , and whether they may not be as well said ●o remain Lords of the Session , when they are rotting in their Graves , as to have continued so in the State they were , before HIs Majesties late nomination of them . For as they all had their Commissions during pleasure , so S — 's and N — 's were recalled and reassumed by King Charles , of whom they had received them . And I take it for an undoubted Maxim , that he who hath Power and Authority to give , and giveth not during life , may by the same Authority take away at Pleasure , what he hath given . And as for M — who had his Commission from King James , if his Place be not rendered Vacant by his Masters having forefaulted the Crown , nothing will or can render it so . Fifthly , If these Gentlemens having been heretofore Lords of the College of Justice , hindreth the late Vacancy from being accounted total ; then His Majesties nominating them afresh , was not only superfluous in it self , but an injury unto them . For it was the bringing them to hold that by a new Title , which they had a claim unto , and ought to have been accounted possessed of by an ancient Right . Nor are they obliged for their Places to His Majesties Grace and Bounty , but to his Justice . Sixthly , The very form of the presentation by which their nomination is signified , shews that the Vacancy was taken to be total . For it being the constant Custom in all single vacancies , that the name of the Person succeeded unto , as well as his who is to succeed , be equally expressed in the Presentation , and there being no such form , but the contrary observed in these Gentlemens Case , it is an Argument that His Majesty took the Vacancy to be total , whatsoever his President , Secretary and Advocate do . Seventhly , In all Cases where the Vacancy is not Universal , the Presentation of those named by the King , is directed to tho College of Justice , or the Actual Lords of Session , and so our Laws ordain and provide it should be . But the Presentation of those now named to be received and advanced unto the Administration of Justice , or at least of most of them , was directed to the Earl of C — who never was a Lord of the Session , nor yet is : Which is an Evidence , that the holding the late Vacancy not to have been total , was not an Opinion they were led into by truth , but by necessity , and that they have only espoused it to justifie what hath been illegally done . It is yet further alledged by these cunning Men , that have first endeavoured to mislead His Majesty , and now seek by what pretences they may best defend that which they have done ; That though , by the Ancient Laws , the King was only trusted with the nomination of the Lords of the Session , and the tryal and approbation of them was lodged elsewhere ; Yet that by Act , 11. Parl. 1. Charles the Second , the sole choice and appointment of the Lords of the College of Justice is given unto and setled upon the King. But surely they who make the exception must be Men either of very weak understandings , or of very bad consciences , and they must think they have to do with a very credulous sort of People , whom they may bubble into the belief of any thing , though never so false and unreasonable , otherwise they would never talk at so ridiculous and impertinent a Rate . For , First , there is nothing granted unto the Crown by that Act , but what was its ancient and undoubted right : instead of setling any new Prerogative upon the King , the Parliament does only there declare what was anciently the Inherent Privilege of the Crown , and an undoubted part of the Royal Prerogative of the Kings of that Kingdom : Which I am sure that the trying , approving , and accepting or rejecting those nominated for Lords of Session never was , that having been by so many preceding Acts of Parliament , which we have mentioned , setled and vested in other hands . Secondly , Whatsoever can be supposed to be granted unto the Crown by Act 11. Parl. 1. Charles the Second , it doth as much affect a single Vacancy as a total ; the words being , That it is an inherent Privilege of the Crown , and an undoubted part of the Royal Prerogative of the Kings of Scotland to have the sole choice of the Lords of Session . Which can import no more , save that they have the sole nomination of them , but not the tryal of their qualifications , seeing all along since , both in that Reign , and in the next that ensued , the examination and acceptance or refusal of those that were recommended by the two last Kings upon emergent Vacancies to be Lords of the College of Justice , were always certified to the Actual and Sitting Lords of Session , to be by them tryed , and admitted or rejected as they should see cause . Thirdly , What the Gentlemen who make this Exception would give the Crown with one hand , they take away with the other . For while they would Preclude the Parliament from taking notice of the qualifications of those , who upon a total vacancy are nominated by the King , under a pretence that the sole choice of the Lords of Session , is by the forementioned Statute Declared to be an Inherent Priviledge of the Crown : They at the same time seek to skreen and vindicate themselves from the Violation of the other Laws that prescribe the method of trying and approving those who are nominated now by His Majesty for Lords of the College of Justice , by alledging , that S — N — and M — are both in a capacity through having been formerly Judges , and are commissionated to try and approve them . Fourthly , All that some apprehend to be contained in the 11 Act Parl. 1. Charles the Second , is wholly Narratory , and no part of it Statutory , at least so far as our concernment lies in it , and as we are therein referred unto other Acts for the knowledge of what is Statuted and Ordained : So upon our application unto , and consulting of Act 2. Parl. 1. Charles 2. all we find there enacted is , That it is an inherent Privilege of the Crown , and an undoubted part of the Royal Prerogative of the King , to have the sole Choice and Appointment of the Officers of State and Privy Counsellors , but that he hath only the Nomination of the Lords of Session , as in former times preceding the year 1637. and what that was we have already shewed , and do find it to be so far from interfering with , or derogating from what the Parliament doth now insist upon and demand , that it both warrants and justifieth it . I may fifthly subjoyn , That upon supposition that the Act 11. Par. 1 Charles the Second were Statutory , which it no ways is ; yet there is a later Act pass'd in the said first Parliament of King Charles the Second , though unprinted , yet upon Record in our Registers of Parliament , and which was purposely made for the Regulation of the College of Justice , and about the admission of the Lords of Session , as the very title and rubrick bears ; wherein all that we find Enacted , is , That the King , instead of having the sole choice of the Lords of Session , shall only have the Nomination of them , as the Crown stood possessed of it in times before the year 1637. and that their admission in all times to come shall be according to the Laws and Acts which were in being before the year which we have already mentioned . So that fancy what they will beyond this , granted unto the King by Act 11. yet it is all withdrawn , and reassumed from him by this later Act of April the 5 th . All that now remains to be further added on this Subject , so far as concerns the controversial part , is to inquire whether the King hath at all times the sole Power and Right of chusing and appointing the President of the Session ? And we presume with all humility to say , that by the Laws of the Kingdom , and according to ancient Practice and Custom , he hath it not , nor can he legally lay claim unto it , seeing by Act 93. Parl. 6. James 6. Anno 1579. It is Statuted and Ordained , That the President of the College of Justice shall be always chosen by the whole Senators of the said College . Which Statute is confirmed by Act 134. Parl. 12. James 6. wherein it is expresly declared , That the King with advice of the Estates , doth ratifie and approve all the Acts made either by his Majesties Predecessors , or by his Highness himself before , upon the Institution of the College of Justice , and the Reformation of the abuses thereof . Nor can it be denyed , but the appointing that the President should be chosen by the whole Senators , was designed as the Reformation of an Abuse in the College of Justice , which either had not been provided against , and obviated in the first Institution of the Session , or which had crept in afterwards . And as this was the Law about the Election of the President , so the Practice was always conformable thereunto , until that my Lord S — came to be constituted President by King Charles the Second , and was illegally obtruded upon the Lords of Session , without the being either chosen or approved by them . For from the time of the making the Act until then , there was not one that had ever sate President , but who had been chosen by the Lords of the College of Justice , except Sir John G — , who upon being nominated and recommended by the King in the Case of the total Vacancy Anno 1661. was approved and confirmed by the Estates in Parliament . But for the Lord P — , the Lord U — , the Lord C — , Sir Robert S — , and the Lord D — , who were all that had been Presidents from 1579. until 1661. they were every one of them chosen and admitted by the Lords of Session . Nor is it unworthy of Remark , that the Lords of Session , upon every Election they made of a President , declared that they did it in conformity unto , and in pursuance of the Act of Parliament . And as King Charles's departing from the Law in this particular , was one of the first steps towards Arbitrary Power , so it was both in order to farther Incroachments upon our Laws and Rights , and prepared the way for most of the Tyranny that he exercised afterwards . And as S — assuming the Office of President , upon the illegal choice of the aforementioned King , was both an Affronting , and Betraying of the known Laws of the Kingdom ; so his whole Behaviour in that Station was of one piece and complexion with his entring upon it , being a continued Series of Oppression and Treachery to his Country . For besides that all his Verdicts between Subject and Subject , were more ambiguous than the Delphick Oracles , and the occasion of the Commencement of innumerable Suits in place of the determining of any ; he was the principal Minister of all L — 's Arbitrariness , and of King Charles's Usurpations . Nor was there a Rapine or Murder committed in the Kingdom under the countenance of Royal Authority , but what he was either the Author of , the Assister in , or ready to justifie . And from his having been a Military Commander , for asserting and vindicating the Laws , Rights , and Liberties of the Kingdom against the little pretended Invasions of Charles I. he came to overthrow and trample upon them all in the quality of a Civil Officer under Charles II. Nor is there a Man in the whole Kingdom of Scotland , who hath been more accessary to the Robberies and Spoils , and who is more stained and died with the Bloody Measures of the Times , than this Lord S — , who his Majesty hath been impos'd upon to constitute again President of the College of Justice . And as an aggravation of his Crimes , he hath perpetrated them under the vail of Religion , and by forms of Law ; which is the bringing the Holy and Righteous God to be an Authorizer and Approver of his Villanies , and the making the Shield of our Protection to be the Sword of our Ruin. But there being some hopes that the World will be speedily furnished with the History of his Life , I shall say no more of him , but shall leave him unto the expectation and dread of what the famous Mr. Robert D — foretold would befal them him in his Person and Family , and of which having tasted the first Fruits in so many astonishing Instances , he may the more assuredly reckon upon the full Harvest of it . And the Method he hath lately begun to steeer is the most likely way imaginable to hasten upon him and his , what that Holy , and , I might say , Prophetical Man denounced against them . For whereas the Nation would have been willing upon his meer withdrawing from Business , and not provoking their Justice by crouding into the Place in which he had so heinously offended , to have left him to stand or fall at the great Tribunal , and to have i●●●mpnify'd him as to Life , Honour and Fortune here , upon the consideration of his having co-operated in the late Revolution , and of his having attended upon his Majesty in his coming over to rescue and deliver the Kingdoms from Popery and Slavery : He seems resolved to hasten his own Fate , and through putting himself by new Crimes out of the Capacity of Mercy , to force the Estates of the Kingdom to a punishing of him , both for them and for the old . But to return to what we are upon , about the Right of Electing a President of the Colledge of Justice : It is excepted , to what hath been said , in proof that the Power is by Law in the Lords of Session to choose their own President ; that Sir John G — , was , upon King Charles the Second's nomination , approved and confirmed in Parliament , Anno 1661. which was a divesting of the Lords of Session of it , and a vertual rescinding all the Laws by which that Power had been settled upon them : To which I have several things to reply , that will discover both the Impertinency of the Objection , and the Treachery of those who have insinuated it to the King. First , It is acknowledged in the very Exception , that the sole Choice of Sir John G — as President , was not in King Charles , seeing the Parliament had the Approving , Allowing and Admitting of him , which makes that case to differ very much from the Present In which the choosing of the President is not only taken away from the Lords of the Session , but the approving and admitting of him is denyed to the Estates of the Nation in Parliament assembled . Secondly , What was done in Ordaining Sir John G — President , was not a repealing of the Laws , by which the Choosing of the President is vested in the Lords of the Session , but was at most only a dispensing with them in that extraordinary case of a total Vacancy , and in reference unto a Person of a most unspotted Integrity , and unpa●allelled Knowledge in the Laws . Nor will any Man , pretending to acquaintance with Parliamentary Customs and Proceedings , reckon that a Law is therefore rescinded and abrogated because the Parliament hath seen reason to supersede it in a single Instance , and in a particular case . Laws once Enacted and established are never accounted to be abrogated , unless by particular future Laws formally repealing them , or by posterior general Statutes inconsistent with , and destructive of them . Nor do Two or Three particular Instances , varying from , and repugnant unto them , bring them so much as into disuse and desuetude ; but even in order to that , there must be immemorial Prescription against them , and that without being disallowed or complained of in Parliament . Thirdly , What the Parliament did , Anno 1661. in the Case of Sir John G — , it was not properly done by them in their Legislative capacity , but as a part of the Supream Authority of the Kingdom , concurring with the King in an Act and Deed of the Supremum imperium , and illimited Power of the Government , which the appointing of Judges for the equal administration of Justice came to be at that season and conjuncture , by reason of the total Vacancy ▪ and the impossibility that thereupon ensued of Choosing and Ordaining the Lords of Session , whereof the President is always one , in the ordinary Legal and Established Methods . What the King and the Estates of Parliament did in the case of that Vacancy of the Colledge of Justice , was much of the Nature of , and parallel unto , what the Estates alone have done upon the late Vacancy of the Throne ; wherein they acted not in the way of a Legislative Body , but in the Vertue of that illimited Power which resided in them , as Representatives of the whole People , and who knew no other Measures whereby to act , but what lay most in a tendency to the Publick Safety . Fourthly , The King 's having a Right to choose the President of the Session , is disclaimed and ridicul'd by those very Persons that have advised him to challenge it : For my Lord S — , in whose Favour , and in pursuance of whose Advice , his Majesty hath claimed a Right , and exerted an Authority of appointing a President , hath , by the Method of his entring upon that Office and Station , renounced the Legality of his Majesty's acting in that particular , and declared that he holds not his Place by vertue of the King's Choice and Designation . For after he had prevailed upon the King to elect and send him down President of the Session , the first thing he did at their Meeting , and that in order to the throwiag the blame upon his Majesty of all that had been transacted before , was to wheedle that over-aw'd and pack'd Bench , to choose him for President of the Colledge of Justice : which as it shews the Disloyalty and Treachery of the Man , so it testifieth and publisheth his Folly. For how could they be in a capacity as Lords of Session to choose him for a President , that were not antecedently , legally , tryed and approved themselves ? And who knowing their own unqualifiedness , both as to Literature and good Fame , made his Majesty's having nominated them , an excuse from their undergoing a Tryal . For though it be both required by the Laws , and was accordingly given out all along here , that they should be tryed ; yet Five of them being conscious unto themselves how little they answered the Qualifications prescribed in the Statutes , refused to submit to be examin'd , under a Pretence that they would not thereby weaken his Majesty's Right and Authority in his having elected them . And thus the King's Authority is doubly exposed , by those who call themselves the Ordinary Lords of Session , in excusing themselves from a Tryal , which was never designed they should do , seeing S — , M — and N — , were both appointed , and said to be in a capacity to examine them : And then by him who is stiled President , through its being made a Stale for his obtaining the Name , and renounced for the Choice of the Bench , as that which alone must give him a Legal Title . Whereas if the King's Choice of him be not according to Law , and sufficient to justifie his entrance upon his Office , Why did he abuse his Majesty in telling him that it was ? And if it be the King 's Right , and a part of his Prerogative , to elect the President , Why hath he sacrificed his Majesty's Honour , and given away his Legal Power , in the submitting to hold the Office by any other Tenure ? Howsoever we are come to be Gainers by this Carriage of S — , how much soever the King is a looser by it . For his surendring from the King the Right of choosing a President , is a Vindication of the Justice of the Parliaments Vote and Demand . Besides , here is an end put to that Pretence which they have been endeavouring to sham upon the World , viz. That S — was only restored to the Presidency of which he was violently dispossessed , and that he was not chosen unto it as unto a Place whereunto he had not a Right . So that either the Choice made at Edinburgh overthrows the Plea used at London , about his beeing meerly restored ; or else that whereby they do here seek to justifie his Majesty's Proceedings in reference to S — 's being President , condemns what the Proteus hath there betaken himself unto , of being elected by those called the Lords of the Colledge of Justice . To which I shall only add , That as he was never legally President before , so he is as little President now . His assuming the Office then , when he was not chosen by the Bench , as the Law ordains , made him an Usurper ; and his entring upon the Place again , upon the Choice of those that are not Judges , by reason of their not being tryed as the Statutes appoint , leaves him under the same Crime and Imputation . So that having now dispatched , all that is either Historical or Argumentative about the several Heads in difference between the Parliament of Scotland , and a few unadvised or ill designing Men about His Majesty : I shall shut up this Discourse with some Political Reflections upon the whole . Whereof the first is , That it is not the having barely a good King that renders a People happy , but much of it must arise from his having good Ministers about him . For no Nation had ever a better Prince than we at present have , and yet we find there is cause of complaint , by reason of the Ill Counsellors that possess his ear . We do not think that he entertains them out of choice , yet that will not give his People ease , though it may for a while suppress their Murmurings . His Majesties being so little acquainted with Men at his first coming over , might lay him open to be misled in the choice of His Officers : But to continue to use them after he hath had sufficient means as well as opportunity of knowing their Characters , will leave an imputation not only upon his Goodness , but upon his Wisdom . For as the People have no other way of judging of the goodness of their Prince , but by finding his Officers and chief Ministers to be such : so if these be not , they may possibly acknowledg William to be a good Man , but they will never beleive that the King is so . And Machiavel's observation , That a wise King will always find wise Ministers , is no more than what every Man is perswaded of upon the first Principles of Reason , and of common sense ▪ I do acknowledg , that ill Men have ways of thrusting themselves upon Princes , which they that are vertuous think too unworthy and below them to use . For whereas the later are always modest , and seek no recommendations but from their own Merit ; the former are importunate , & can both flatter & bribe Favorites to speak well of them . It was a severe Prediction as well as Observation , which the late Prince of Conde made upon the News of King Charles the Second's Death , and of his Brothers succeeding him , viz. That he was like to be well served , through having none about him , but his own Fools , and his Predecessors Knaves . How many Wise Men then imagine his Present Majesty is like to be served , who though he hath not the Fools of the last Reign about him , yet he hath both the Knaves of that and of the former ? Nor is it of any great advantage at least to Scotland to be delivered from the Fools of the last Government , seeing there are weak Men enough besides those , and some of them trusted with the chief conduct of the Scotch Affairs . For how else could it be , that of all the Publick Orders remitted thither , there hath not been one , which either the meeting of Estates , the Parliament , or the Privy Council have not voted to be illegal ? In reference unto which , as we do acquit the King from all blame , seeing he cannot be supposed to be acquainted yet , either with the Scotch Laws , or with their Forms , and does only sign what others pepare for , and offer unto him ; so we are not willing to ascribe it so much to the Treachery and Malice of his Minister , as to his simplicity and weakness : Who though he may possibly be an honest Man , and indifferently versed in common Affairs , yet he hath no great knowledge of the Laws , and is but a Puny in the Politicks , by reason of which he comes to rely upon other Mens advice , who instead of instructing and assisting him to serve the King , make him a Tool for promoting ends and designs directly opposite to His Majesties Service and Interest . But then I should observe , Secondly , That one illegal stop doth lead to many : Nor is one Arbitrary thing to be supported but by another . It hath been hitherto taken for an undoubted Truth , That though the Estates Assembled in Parliament have not alone a Legislative Power , so as to enact Laws without the King , yet that they have the Supream and Uncontrovertible Power of declaring the Meaning , and Sense of those Laws that are already Enacted and Established . So that when the Parliament hath once declared the Sense and Meaning of any Law , all Courts of Judicature , as well as particular Persons , are bound to acquiesce in their explanation of that Law. And to divest the Parliament of this , is to strip them of one of their chiefest Priviledges , and to detract from and diminish their Authority , which is Treason by the Law of Scotland . For it is expresly declared by Act 130. Parl. 8. James 6. That whosoever in time coming shall take upon him , to impung the Dignity and Authority of the three Estates , or shall seek or procure the innovation or diminution of the Power and Authority of the Three Estates , or of any of them , shall be guilty of Treason . Yet when the Present Parliament had declared the sense of the ancient Laws to be , that the King in a total Vacancy could not appoint Judges without their being admitted by Parliament , the advance that had been made against our Laws , in His Majesties assuming a Right of Electing and Authorizing them , hath been seconded with an impugning , despising , and subverting that Authority of Parliament which we have been speaking of . Nor hath the Invasion upon Parliamentary Rights and Priviledges terminated here , but there hath been a further assault made upon them , both by the Councils assuming the Cognizance of that , which was lodged before the Parliament , and by their Actings determining in it contrary to the Vote , and Declaration of the Estates , who are the Supream Judicature , and in conjunction with the King , the one Legislative body of the Kingdom . For it is an unquestioned Maxim , That when a matter is once brought and tabled before the Parliament , so as they have laid their hands upon it , it is not afterwards to fall under the Cognizance , or Determination of the Council , or of any inferior Judicature , unless remitted expresly unto them by the Parliament it self . And therefore the Parliament having given a stop to the opening of the Signet , and to the sitting of the Session , till the King 's further pleasure was made known to them , and until that matter should be brought to such an Accommodation , as was consistent with the preservation of the Laws of the Kingdom , it was a high Invasion upon the Authority and Jurisdiction of the Parliament , for the Council to meddle in it . But this they were aw'd unto by those who had given the King advice to chuse the Lords of Session and President , and who knew no way to justifie one illegality but by another . Yea , our Ministers , in order to make the first Act of Invasion upon the Laws which they had thrust the King upon successful , and to prevent their receiving a baffle upon their first setting out on the road of Arbitrariness , sent menacing Letters to those that were nominated Lords of Session , threatning them with ruin if they did not sit at the time that they were appointed ; and had it not been for those Letters , several had forborn to act , as knowing they could not lawfully do it . And as the sending those Letters sheweth that the Ministers here were convinced that they had counselled the King to an illegal Thing , but which was to be supported in the same manner : So these Gentlemen of the long Robe , who contrary to their own Judgment , were influenced to sit , and to transgress known Laws , have declared how Unworthy and Unqualified they are to be received and approved by Parliament , as Lords of the College of Justice . And to Crown all these Miscarriages in Government with one more , his Majesties Ministers being fully sensible , that they whom they call Lords of Session , were neither legally appointed , nor could legally meet and sit , they therefore resolved forcibly to support what they had unjustly begun and done ; and accordingly , against the day and time those Gentlemen were to sit , they ordered all the Forces , which were drawn in unusual Numbers about Edenburgh , to be in a readiness upon beat of Drum , that what they had Arbitrarily begun , might be Violently maintained . Which as it was an applying , and using of his Majesties Troops , upon a much differing Design , than that for which the Parliament had consented to their being raised and paid : So it had been much more for his Majesties Honour , and the Benefit of his Kingdom , that they had been all imploy'd against Cannon , who is still making Inroads , and committing Robberies upon several of his Majesties Loyal Subjects ; and who by the ill Conduct and treasonable Counsel of some of his Majesties Ministers , seems to have been connived at and forborn , since the last defeat that was given him , for no other reason , but that there may be a stand for other Rebels in due time to go unto . But that which I would observe , Thirdly , and in the last place , is , That his Majesty for his own Honour and Safety , and for the Peace and Welfare of his People , ought to make some Change and Alteration of his Ministers . For it is evident , That they who are imployed as Instruments of Oppression , Rapine and Murder , under an ill Government , can never be of use unto , nor for the reputation of a good . It is evident , That he is betrayed , nor is it so difficult to know by whom , and how . For Things speak , when Men either dare not , or will not . And Advices are not to be judg'd of by the Quality and Profession of the Persons that give them , but by the tendency of the Counsels that are given . For example , They cannot design well unto his Majesty , who tell him , That he must not make haste to conquer his Enemies , until he have first screw'd up his Prerogative ; and that he is to improve the dread his People are under of King James , for wresting from them what he can , before he attack him . Again , they cannot intend his Majesties Interest , who would have him overlook the Crimes and Treasons that are daily committed against him , seeing the conniving at Rebels can only be to incourage Rebellion . Again , they who advise him to be King only of a Party , and not of the whole People , have a mind he should be King of none . And to counsel him either not to use those in his Service who are both willing to serve him , and would do it with the utmost Fidedelity ; or to use those whose Carriage speaks them to be in the Interest of his Enemies , it is to have him betrayed instead of being served . Nor can they be for his Continuing upon the Throne , who would have hindred his Ascent unto it . And whosoever embarrasseth him with his Parliaments , and by it retards Succours for the Support of the War , can mean no less than that his Majesty and his Kingdom should become a Prey to King James , and to his Brother of France . And they who counsel him to go on where his Predecessor left off , have a mind to see a new Abdication , though they were not for the Old. But what might be said upon this Head , requireth rather an intire Discourse , than to be confined unto a short Remark . And therefore all I shall add is , That as his Majesty must be infallibly lost , without a speedy Change as to some of his Ministers , so he needs not to fear them , if they be but once thrust out of his Councils ; seeing all the hurt that they are able to do him , is through their being there . And if he will but own himself , and assert his own Interest , he will have enough of those to stand by him , who have no Interest but what is his . FINIS AN ADDRESS Sign'd by the greatest Part of the MEMBERS of the Parliament OF SCOTLAND , AND Deliver'd to His MAJESTY at Hampton-Court , the 15 th . day of October , 1689. TO THE KING'S Most Excellent Majesty : The Humble Representation of the Lords and Commissioners of Shires and Burroughs of the Kingdom of SCOTLAND , Under subscribers , and Members of this Current Parliament , now Adjourned till the Eight of October next . NOthing save the great and general Surprize of this long distressed and at present unsettled Kingdom , upon the late Adjournment of Your most Loyal Parliament for so long a time , and in so critical a season , with the deep Concern of Your Royal Interest therein , could possibly have induced us to this so necessary a Petition . But the visible Consternation and Discouragement of thousands of Your good Subjects , delayed in the Relief and Comfort which at this time they assuredly expected , with the Advantages that We apprehend Your Majesties Enemies , both within and without the Kingdom , may think to reap by such an Interruption , being our only Motives , We cannot , We dare not be silent . And therefore to prevent these evil Consequences , We in the first place most solemnly Protest and Declare , in the Presence of God and Men , Our constant and inviolable Fidelity and Adherence to Your Majesties Royal Title , Right and Interest , so frankly and chearfully recognosced by Us in this Current Parliament , wishing and praying for nothing more under the Sun than Your long and prosperous Reign , as that wherein the Security of all our Lives and Liberties , and also of our Holy Religion , more dear to Us than both , is infallibly included . It was the Perswasion we had of the Justice , as well as the Necessity , of Your Majesty's Heroic Undertaking for the Delivery of these Kingdoms , with the Conviction of the Divine Confirmation that appeared in its Glorious Success , that moved most , if not all of Us , to endeavour and concur most heartily in the late Meeting of Estates , for the Advancement and Establishment of Your Majesty upon the Throne , when some discovered their Disaffection , and were too open Retarders and Obstructers of that good Design : And it is from the same true Affection and Zeal , that we do now most heartily make the above-mentioned Protestation , to obviate all the Misconstructions Your Enemies may make in this Juncture . Nor are we less assured of Your Majesties most sincere and gracious Intentions , to perform for us to the utmost , all that the Estates of the Kingdom have either demanded , or represented as necessary and expedient for securing the Protestant Religion , restoring their Laws and Liberties , and redressing of their Grievances , according to Your Majesties Declaration for this Kingdom . Neither can it be imagined , that so wise and just a King as Your Majesty , will ever be perswaded , that so Loyal a Parliament as this , can be induced either to wish or design any Prejudice to , or Diminution of Your true Interest and Prerogative ; but such as have slavishly served and flattered Arbitrary Power and Tyranny , will be always studying for their own sinister Ends , to state a separate Interest betwixt King and People , a Practice which we are confident Your Majesty abhors . But that we may clear our selves upon this present occasion to Your Majesty's full satisfaction , and refuting of all Misrepresentations we can incur on any hand , we shall briefly rehearse to Your Majesty , the Votes pass'd in this present Parliament , to which the Royal assent is not given , with such short Reflections , as we hope may tend to the better Vindication of all concern'd . The First Act upon which the Vote of Parliament has pass'd , is , That declaring the Priviledge of the Estates of Parliament to Nominate and Appoint Committees , as they shall think fit ; and excluding therefrom the Officers of State , unless they be chosen : And omitting what the Parliament hath already represented to Your Majesty as reasons of their Vote ; it is humbly conceived , that this Act is exactly framed to the extent of that Grievance , which together with the rest , is desired in the Instrument of Government , to be redressed unto us in Parliament . The Second , was an Act Abrogating the Act of Parliament 1669 , asserting the Kings Supremacy over all Persons , and in all Causes Ecclesiastical ; and this Act is so exactly conform to the Second Article of the abovementioned Grievances ; and the foresaid Act of Supremacy in it self is so dangerous to the Protestant Religion , as well as inconsistent with the Establishment of any Church-Government , that we doubt not Your Majesty will ever approve all that voted to it . The Third , is an Act anent Persons not to employed in publick Trusts ; and all the Ruins and Distresses of this Kingdom , have so certainly flowed from the Persons therein noted , especially , such as by their contriving of , and concurring in the Dispensing Power , have thereby eminently indangered our Religion , and overturned all the Fences of our Liberties and Properties ( which we have good Ground to believe the Parliament would have extended but to few Persons ) And your Majesty in Your Declaration , hath so justly charged the same upon evil and wicked Counsellors ( the only Persons pointed at in this Act ) that we are perswaded that You will find it absolutely necessary for attaining all the Ends of Your Majesty's glorious Undertaking for our Relief . The Fourth , is an Act concerning the Nomination of the ordinary Lords of Session , and the Election of the President , To wit , that in a total Vacation they be tryed , and admitted or rejected by Parliament , and in a particular Vacation they be tryed and admitted , or rejected by the other Lords : And that the President be chosen by the Lords themselves , conform to our old Practique and express Statute . And this Act is so agreeable to Practique Laws and Acts of Parliament , and so necessair for the true and equal Administration of Justice ( the great security of all Kingdoms ) that Your Majesty will unquestionably approve it . The Fifth and last is an Act Ordaining the Presbyterian Ministers yet alive , who were thrust out since the First of January 1661 , for not Conforming to Prelacy , and not complying with the Courses of the Time , to be restored . And this Act is in it self so just and so consequential from the Claim of Right , and agreeable to Your Majesties Declaration , that less in common Equity could not be done . And here Your Majesty may be pleased to consider , That tho' Prelacy be now by Law abolished , yet these few Ministers , not exceeding Sixty , ( tho' restored , as they are not , for want of the Royal Assent to the foresaid Act ) would be all the Presbyterian Ministers legally established and provided for in Scotland . It is not unknown to Your Majesty what have been the sad Confusions and Disorders of this distressed Country under Prelacy , and for want of its ancient Presbyterian Government ; and now the whole West , and many other Parts of Scotland , are at present desolate and destitute , having only Ministers called by the People upon the late Liberty , without any Benefice or Living , or convenient Place to Preach in . It is also certain , that there are many Hundreds of forefaulted and sined Persons who are yet waiting to be restored and refounded , according to the Claim of Right , and Your Majesties Gracious Instructions thereanent . It is true , the last Thing proposed by Your Majesties Commissioner in Parliament , was a Supply of Money for Maintenance of the Forces so necessary for our present Defence ; and We should have proven our selves ungrateful to Your Majesty , and false to our own Interest and Security , if We had absolutely refused it : But there being a sufficient and certain Fund to maintain all the Forces , and support all other incident Charges of the Government for some Months ; all that we demanded was , That some things visibly necessair for Satisfaction of the Country , and the better enabling and disposing them to pay the said Supply , might be first expeded . We are confident that the Vote of Parliament , which was only for a short Delay , will not give Your Majesty the least ground of Offence . And now having presumed to lay these Things before Your Majesty with all humble Submission , purely out of Duty for preventing the evil Constructions of Your Majesties Enemies , and for our own just Vindication ; We most humbly beseech Your Sacred Majesty Graciously to Consider what is here represented ; and in Prosecution of Your Majesties Acceptance of the Claim of Right , and Your Declaration emitted for this Kingdom , to take such Courses as You in Your Royal Wisdom shall think fit , for Passing the foresaid Acts of Parliament , and Redressing all our other Grievances . And We Your Majesties most humble Petitioners and faithful Subjects , shall , as in Duty bound , every Pray for Your long and prosperous Reign over Us. FINIS . 
A74122	----	At Edinburgh the fifth day of February, one thousand six hundred fourty and nine years. Scotland. Parliament. Committee of Estates. This text is an enriched version of the TCP digital transcription A74122 of text R211204 in the English Short Title Catalog (Thomason 669.f.13[82]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A74122 Thomason 669.f.13[82] ESTC R211204 99869935 99869935 162978 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A74122) Transcribed from: (Early English Books Online ; image set 162978) Images scanned from microfilm: (Thomason Tracts ; 246:669f13[82]) At Edinburgh the fifth day of February, one thousand six hundred fourty and nine years. Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty [i.e. s.n.], Edinburgh [i.e. London] : 1649. A London reprint. Cf. Steele. At head of text: engraving of royal seal, and "God save the King." Signed: William Scot, Cler. Parl. Proclaiming Charles II King of Great Britain, France, and Ireland. He is to give satisfaction by taking the Covenant. This to be printed and proclaimed. A London reprint of [Steele III] No. 2005, with Tyler's Edinburgh imprint -- Cf. Steele. Annotation on Thomason copy: "Feb. 5. 1648". Reproduction of the original in the British Library. eng Charles -- II, -- King of England, 1630-1685 -- Early works to 1800. Solemn League and Covenant (1643). -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A74122 R211204 (Thomason 669.f.13[82]). civilwar no God save the King. At Edinburgh the fifth day of February, one thousand six hundred fourty and nine years. Scotland. Parliament 1649 541 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 John Pas Sampled and proofread 2008-08 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion GOD SAVE THE KING . At EDJNBVRGH the fifth day of February , one thousand six hundred fourty and nine years . THE Estates of Parliament presently Conveened , in this second Session of the second Trienniall Parliament , by vertue of an Act of the Committee of Estates , who had Power and Authority from the last Parliament for Conveening the Parliament , Considering , That , forasmuch as the Kings Majesty who lately Reigned , is contrary to the Dissent and Protestation of this Kingdome now removed by a violent Death ; And that by the LORDS Blessing there is left unto us a Righteous Heire , and lawfull Successour , CHARLES Prince of Scotland and Wales , now King of Great Britain , France and Ireland ; We the Estates of Parliament of the Kingdom of Scotland , doe therefore most Unanimously and Cheerfully in Recognisance and acknowledgment of his Just Right , Title , and Succession to the Crown of these Kingdoms , hereby Proclaim and Declare to all the World ; That the said Lord and Prince Charles is by the Providence of GOD , and by the Lawfull Right of undoubted Succession and Descent , King of Great Britain , France , and Ireland , whom all the Subjects of this Kingdome are bound Humbly and Faithfully to Obey , Maintain and Defend according to the Nationall Covenant , and the solemn League and Covenant betwixt the Kingdoms with their Lives and Goods against all deadly , as their onely Righteous Soveraign , Lord and King . And because His Majestie is bound by the Law of GOD , and Fundamentall Lawes of this Kingdome to rule in Righteousnesse and Equity for the Honor of GOD , the good of Religion , and the Wealth of His People : It is hereby declared , That before He be admitted to the exercise of His Royall Power , He shall give Satisfaction to this Kingdom in these things that concerne the Security of RELIGION , the Union betwixt the Kingdomes , and the Good and Peace of this Kingdome , according to the Nationall Covenant , and the solemn League and Covenant , for the which end we are resolved with all possible expedition to make our humble and earnest Addresses to His Majestie ; For the Testification of all which , We the Parliament of the Kingdome of Scotland , publish this our due Acknowledgement of His just Right , Title , and Succession to the Crowne of these Kingdoms at the Mercat Crosse of Edinburgh with all usuall Solemnities in the like Cases , and Ordains His Royall Name , Portract and Seale to be used in the publike Writings and Judicatories of the Kingdom , and in the Mint-house , as was usually done to His Royall Predecessors , and command this Act to be proclaimed at all the Mercat Grosses of the Royall Burghs within this Kingdom , and to be printed , that none may pretend Ignorance thereof . GOD save , KING CHARLES , the Second . William Scot , Cler. Parl. EDINBURGH , Printed by Evan Tyler , Printer to the Kings most Excellent MAJESTY , 1649. 
A75246	----	An congratulatory poem, on the safe arrival of the Scots African and Indian fleet in Caledonia and their kind reception by the natives, with an amicable advice to all concerned. R. A. 1699 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A75246 Wing A26C ESTC R231744 99897603 99897603 137218 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75246) Transcribed from: (Early English Books Online ; image set 137218) Images scanned from microfilm: (Early English books, 1641-1700 ; 2505:1) An congratulatory poem, on the safe arrival of the Scots African and Indian fleet in Caledonia and their kind reception by the natives, with an amicable advice to all concerned. R. A. 1 sheet ([1] p.) s.n., [Edinburgh 1699] Verse - "Scotland rejoyce, and praise the King of Kings,". Signed at end: R.A. Imprint from Wing CD-ROM, 1996. Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1689-1745 -- Early works to 1800. Broadsides 2008-06 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 John Pas Sampled and proofread 2008-11 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion AN Congratulatory POEM , ON The safe Arrival of the Scots AFRICAN and INDIAN Fleet in CALEDONIA , and their kind Reception by the Natives , with an Amicable advice to all concerned . SCOTLAND Rejoyce , and praise the King of Kings , Who this your project to good success brings Commands the Winds and Seas to favour you more Than any e're attemp't that place before , From Brittish Ports and makes you Friends of those Whom all Men Judged , would have been your foes , Brake off Divisions then , in Unitie , Amongst your selves , and in Fraternitie , Together live , to all the Earth 't is known The Thirstle Buds after the Rose is blown ; Let Courage and Conduct , you strengthen soe , As may enable you ' gainst any Foe , Your Ancestors by Courage got Renown , And by their Valour Run their Enemies down , No Nation e're could Conquer SCOTLAND , by The force of Arms , if not that Treachery , Too much prevail'd with those who bear Command , Which to the sad Experience of this Land , Is Ah! Alas too true therefore take Head , The Proverb is , that burn'd Bairns fire do Dread , Let no pretentions fring affinitie , To one another , But see that ye agree , With Courage to defend you from all Foes . That they who dare molest you , may find blowes : The Thirstle pricks the fingers with it Close . I wish that Heavens may still favour this Trade , Under the Indian Pole , and Treasure hade Worthy the pains and Travel you are at , T' enrich this Land was long Depauperat , That SCOTLAND may yet Flourish and in Peace , Preserved be from all seek to deface , Its Fame , so that its Honest industrie , May Persevere to all Posteritie , That all the Neighbouring Nations yet may own , SCOTLAND deserves still Honour and Renown , And those who do this Traffick Propogat , May have their Names , in Ages Memorat , That whilst the Sun and Moon endure they may Be prosperous , I Heartily do pray , Though some may chance by casual Death to fall Yet let not that discourage great nor small ; For since they Sail'd , double the Number have Even here at Home , doubtless gone to the Grave . More Honourable , a Funeral cannot be Ther. Brave Adventurers have tho in the Sea , They be intomb'd till she yeild up her Dead , No Man of Courage will such dangers Dread , To wish my Country well , 's all I can do , Since I am poor of purse and Person too . R. A. 
A75263	----	An Account of the election of the Convention of Scotland, with the Scotch reasons why the said Convention should proclaim Their Majesties of England, William and Mary, King and Queen of Scotland. 1689 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A75263 Wing A284B ESTC R223241 45097483 ocm 45097483 171100 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75263) Transcribed from: (Early English Books Online ; image set 171100) Images scanned from microfilm: (Early English books, 1641-1700 ; 2559:2) An Account of the election of the Convention of Scotland, with the Scotch reasons why the said Convention should proclaim Their Majesties of England, William and Mary, King and Queen of Scotland. Flemming, John. 1 sheet ([1] p.) Printed for John Flemming, London : 1689. Caption title. Reproduction of original in: The Bodleian Library, Oxford, England. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Sovereign (1689-1694 : William and Mary) Scotland -- Politics and government -- 1689-1745. Scotland -- Kings and rulers. Broadsides -- England -- 17th century. 2008-06 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 John Pas Sampled and proofread 2008-08 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion An ACCOUNT of the Election of the CONVENTION of SCOTLAND , with the Scotch Reasons why the said Convention should Proclaim Their MAJESTIES of England , WILLIAM and MARY , KING and QUEEN of Scotland . SIR , YOurs of the 28th past I receiv'd , and as your Account of the Affairs and Transactions of England is by several Hands ( to our general satisfaction ) here confirm'd , so I must be bold to tell you , you are very much deceiv'd and abus'd in your Intelligence concerning this Kingdom : For whereas in one Clause of your Letter you insinuate your fears of a Rupture , or a Disagreement at the meeting of our Grand Convention ( which will certainly be the 14th . of this Instant . I assure you there is so little reason for your Doubts , that the general Belief of this Kingdom is , that they will in nothing differ from the proceedings of your Convention , as to the settlement of the CROWN , but in the time for having so good an Example and President at hand , is thought there will be but little delay in their Resolves ; Besides , the Country have in the Choice of their Resentatives , been so free and unprejudic'd , that I dare affirm there never was a more just or lestal Assembly than this will prove ; many of them do here publickly already applaud and approve the Wisdom and Choice of England ; an Instance of which is this Paper therewith sent you ( written as is suppos'd by one of the Members ) whereby you may guess at their Inclinations , though I cannot say we are wholly without Wicked , Disaffected , Restless , and Turbulent Spirits in some parts , who would willingly Embroil us , if possible ; but we doubt not but a happy Agreement of this Healing Convention , in a General Declaring for their present Majesties of England , will confound all their Devices . THô it may be reasonably expected that allitrue Scotsmen may by this time be fully Sensible of what may be most conducing for the Settling this Ancient Kingdom , yet considering that the time for meeting of the Great Convention draws near , and the Affair anent which they are to meet , is of so great Importance , I shall presume to give this brief Advice , And in the first place , I humbly conceive that we cannot pitch upon more feasible means for the attaining a setled and lasting Peace , than that which our Elder Sister England has already fixed upon , viz. That the late King James the Second , having endeavoured to Subvert the Constitution of the Kingdom , by breaking the Original Contract between King and People ; And by Advice of Jesuits and other Wicked Persons , having Violated the Fundamental Laws ; And having withdrawn himself out of his Kingdoms , has Abdicated the Government , and that the THRONE is thereby Vacant ; For which Misgovernment He has forfeited the Trust of the Regal Inheritance of the Executive Power both in Himself and in his Heirs Lineal and Colateral ; so that the same is devolved back to the People , who have also the Legislative Authority ; & consequently may of Right give & dispose thereof by their Representatives for their future Peace , Benefit , Security , and Government , according to their good Will and Pleasure . And forasmuch as it is absolutely necessary that the Government be speedily Settled on sure and lasting Foundations , and consequently that such Person or Persons be immediately plac'd in the Throne , in whom the Nation has most Reason to repose an entire Confidence , and therefore have Proclaim'd the Prince and Princess of Orange , King and Queen of England , France , and Ireland &c. And this will easily appear if we Consider , 1. What great dangers the said Neble Prince has exposed himself to in rescuing us from Popery and Slavery , which otherwise would undoubtedly have overflown our Land : And therefore who can we imagine will be so carefull to Preserve all things in their right Channel , as he that was at such pains to reduce them thereto . 2. By this means we shall secure to our selves the best of Princes , such too , as the whole World that we wat of , does not afford their Equals . 3. We shall in like manner deliver our selves from that Race of POPISH SUCCESSORS that would otherwise certainly be Obtruded upon us , should King James be called home , to the no less prejudice of the Royal Blood , than the Destruction of our KIRK and STATE . For should he be sent for again , we could not Evite the Pretended Prince of Wales's Succeeding him ; and if he should dye , the same Tricks would be used for the Imposing another upon us , and what an ill Comb we should bring to our own Heads by swae doing , we may easily imagine ; And we are not foolishly to expect to be delivered from such a Grievous Bondage as that would be , by extraordinary Miracles , especially if we slight such singular Mercies as GOD has now put into our Hands for the preventing our falling thereinto . 4. We may easily foresee the grievous Inconveniencies that will follow upon the not taking the same Measures that England has taken ; for then we can expect no less than to have our Land a seat of War , & to be filled with Rapine & Blood-shed ; Let not the old Proverb that we frequently use , to wit , That Scots Folks are aye wise behind hand , now be verified of us . If we are not wilfully Blind , we have a fresh Instance before us of the Mischiefs that shall befall us ( if we suffer our selves ito be Imposed upon by Papists and other Disaffected ' Persons among us ) in the Neighbouring Kingdom of Ireland , which is already so plundred , that in Seven Years it will not recover its Prestine state , and who knows what it may yet Suffer ; Felix quem faciunt aliena pericula cautum . 5. By this means both the Succession will be preserved , and the Liberties of the People sufficiently vindicated : For the Princess of Orange is the next Legitimate Successor to the Crown , and her Father having Deserted his Dominions , tle Rights of Succeeding devolves upon her , and in Swae far as she cannot pretend a Right to Succeed during her jathers Life , She comes now to the Crown by Election , which does mightily Confirm the Liberties of the People that a some Case they have a Power to Elect a Governour , and this frees us from the Fears of having a Popish Successor imposed upon us . These Things consider'd , I hope our good Patriots , who are to meet in the ensuing Convention , will follow the Pattern which the English Convention hath Cast them , especially seeing , besides the infinite Advantages which will redound to us in this Ancient Kingdom : The whole Protestant Interest abroad , will be very much Supported thereby , which has Suffer'd so much in many Places for several Years , and the King and Queen We are to make Choice of , have always made it their Work to Defend that Interest to the utmost of their Power , and We shall enjoy a Happiness that for several Years we have been wholly Strangers to . In the next place seeing the said Illustrious Prince , has given you a Liberty to redress the manifold Grievances , under which not long ago , you groan'd as under an Aegyptian Bondage : I hope you will take such Methods for freeing your Selves therefrom , that not only the present Age , but even After Generations will have a grareful Remembrance of your Names , and so doing , you shall wipe off that Odium that hath been cast upon our Nation , by the Cruel and Barbarous Acts that have been made by some-Self-seeking Court Parasites that have crept into our Parliaments some years Ago . I shall say no more , but , Verbum Sapienti sat . LONDON : Printed for John Flemming . 1689. 
A71317	----	Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority. Bacon, Francis, 1561-1626. This text is an enriched version of the TCP digital transcription A71317 of text R17387 in the English Short Title Catalog (Wing B337). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 100 KB of XML-encoded text transcribed from 37 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A71317 Wing B337 ESTC R17387 99860182 99860182 130509 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A71317) Transcribed from: (Early English Books Online ; image set 130509) Images scanned from microfilm: (Thomason Tracts ; 35:E199[1], 35:E199[2], 35:E199[3]) Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Alban. Concerning the post-nati naturalization of the Scotch in England union of the lawes of the kingdomes of England and Scotland. Published by the authors copy, and licensed by authority. Bacon, Francis, 1561-1626. [2], 58, 57-88 p. Printed by Richard Badger, for Samuel Broun, and are to be sold at his shop in St. Pauls Church-yard at the signe of the white Lyon and Ball, London : 1641. The words "post-nati .. Scotland." are bracketed together on title page. Annotation on Thomason copy: "July 20th". There exist two states of this edition. In state #1: the word "Chancecellor" appears on page 1, line 5. In state #2: the word is spelled "Chancellor". --Cf. Gibson, R.W. Bacon. Reproduction of the original in the British Library. eng Speeches, addresses, etc., English -- Early works to 1800. Great Britain -- History -- Charles I, 1625-1649 -- Early works to 1800. England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. A71317 R17387 (Wing B337). civilwar no Three speeches of the Right Honorable, Sir Francis Bacon Knight, then his Majesties Sollicitor Generall, after Lord Verulam, Viscount Saint Bacon, Francis 1641 18657 21 0 0 0 0 0 11 C The rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2000-00 TCP Assigned for keying and markup 2001-07 Apex CoVantage Keyed and coded from ProQuest page images 2005-03 Melanie Sanders Sampled and proofread 2005-03 Melanie Sanders Text and markup reviewed and edited 2005-04 pfs Batch review (QC) and XML conversion THREE SPEECHES OF The Right Honorable , Sir Francis Bacon Knight , then his Majesties Sollicitor Generall , after LORD VERULAM , Viscount Saint Alban . Concerning the POST-NATI Naturalization of the Scotch in England Vnion of the Lawes of the Kingdomes of England and Scotland . Published by the Authors Copy , and Licensed by Authority . LONDON , Printed by Richard Badger , for Samuel Broun , and are to be sold at his shop in St. Pauls Church-yard at the signe of the white Lyon and Ball . 1641. 15. May . 1641. At a Committee appointed by the Honourable House of Commons in Parliament for examination of books , & of the licensing and suppresing of them , It is ordered that these three speeches or treatises be published in print . Edward Dering . The Argument of S r. Francis Bacon Knight , His Majesties Sollicitor generall , in the Case of the POST-NATI of Scotland , in the Exchequer Chamber , before the Lord Chancellor and all the Iudges of England . May it please Your Lord-ships , THis Case Your Lord-ships doe well perceive to be of exceeding ' great consequence . For whether you doe measure that by place , that reacheth not onely to the Realme of England , but to the whole Iland of Great-Brytaine ; or whether you measure that by time , that extendeth not onely to the present time , but much more to future generations , Et natinatorum , et qui nascentur ab illis : And therefore as that is to receive at the barre a full and free debate : so I doubt not but that shall receive from your Lord-ships a sound and iust resolution according to law and according to truth . For my Lords , though he were thought to have said well that said that for his word , Rex fortissimus ; Yet he was thought to have said better , evenin the opinion ofa King him selfe that said , Veritas fortissima et pravalet . And I doe much rejoyce to observe such a Concurrence in the whole carriage of this cause , to this end that truth may prevaile . The case no fained , or framed case ; but a true case betweene true partyes . The title handled formerly in some of the Kings Courts , and Free-hold upon it : used indeed by his Majesty , in his high wisedome to give an end to this great question , but not raysed : occasio , as the Schoole-men say , arrepta non porrecta . The case argued in the Kings Bench by M. Walter with great liberty , and yet with good approbation of the Court . The persons assigned to be of Counsell on that side , inferiour to none of their quality and degree in learning ; and some of them most conversant and exercised in the question . The Iudges in the Kings Bench have adjourned it to this place , for conference with the rest of their brethren . Your Lord-ship , my Lord Chancellor , though you be absolute Iudg in the Court where you sit , and might have called to you such assistance of Iudges as to you had seemed good : yet would not fore-run or leade in this case by any opinion there to be given ; but have chosen rather to come your selfe to this assembly , all tending ( as I sayd ) to this end , whereunto I for my part doe heartily subscribe , ut vincat veritas , that truth may first appeare , and then prevaile . And I doe firmely hold and doubt not but I shall well maintaine , that this is the truth , That Calvin the plaintiefe is Ipso Iure by the law of England a naturall borne subject , to purchase Free-hold and to bring reall actions within Eugland . In this case I must so consider the time , as I must much more consider the matter . And therefore though it may draw my speach into further length ; yet I dare not handle a case of this nature confusedly , but purpose to observe the ancient and exact forme of pleadings , which is , First , to explaine or induce . Then , to confute , or answere objections . And lastly , to prove , or confirme . And first for explanation . The outward question in this case is no more , but whether a child borne in Scotland since his Majesties happy comming to the Crowne of England , be naturalized in England or no ? But the inward question or State of the question evermore beginneth , where that which is confessed on both sides doth leave . It is confest , that if these two Realmes of England and Scotland were united under one Law and one Parliament , and thereby incorporated and made as one Kingdome , that the Post-natus of such an union should be naturalized . It is confessed , that both Realmes are united in the person of our Soveraigne ; or ( because I will gaine nothing by surreption , in the putting of the question ) that one & the same naturall person , is King of both Realmes . It is confessed , that the Lawes and Parliaments are severall . So then , whether this priviledge and benefit of Naturalization be an accessory or dependancy up on that which is one and joint , or upon that which is severall , hath beene and must be the depth of this question . And therefore your Lord-ships doe see the State of this question doth evidently lead me by way of inducement to speake of three things . The King , the Law , and the priviledge of Naturalization . For if you well understand the nature of the two Principals , and againe the nature of the Accessory ; Then shall you discerne , to whether Principal the Accessory doth properly referre , as a shadow to a body , or Iron to an Adamant . And there your Lord-ships will give me leave in a case of this quality , first to visit and open the foundations and fountaines of Reason ; and not to begin with the positions , and eruditions of a Municipall Law ; for so was that done in the great Case of Mines ; and so ought that to be done in all cases of like nature . And this doth not at all detract from the sufficiency of our lawes , as incompetent to decide their owne cases ; but rather addeth a dignity unto them when their reason appearing as well as their authority , doth shew them to be as fine moneyes , which are currant not onely by the stampe because they are so received , but by the naturall metall , that is the reason and wisedome of them . And Master Littleton himselfe in his whole booke doth commend but two things to the professors of the law by the name of his sonnes ; the one the inquiring and searching out the reasons of the law , and the other , the observing of the formes of pleadings . And never was there any case that came in Iudgement , that required more that Littletons advice should be followed in those two points , then doth the present case in question . And first of the King . It is evident that all other common-wealths ( Monarchies onely excepted ) doe snbsist by a law preceedent . For where authority is divided amongst many officers , and they not perpetuall , but annuall or temporary , and not to receive their authority but by election , and certaine persons to have voice onely to that election , and the like : These are busie and curious frames : which of necessity doe presuppose a law precedent written or unwritten to guide and direct them . But in Monarchies , especially hereditary , that is when severall families , or Ilneages of people doe submit themselves to one line , Imperiall or Royall , the submission is more naturall and simple , which afterwards by lawes subsequent is perfected and made more formall : but that is grounded upon nature . That this is so , it appeareth notably in two things , the one , the platformes and patternes which are found in nature of Monarchies , the original submissions , & their motives and occasions . The platformes are three . The first is that of a father , or chiefe of a family : who governing over his wife by prerogative of Sexe , over his children by prerogative of age , and because he is author unto them of being ; and over his servants by prerogative of vertue and providence , for he that is able of body , and improvident of mind , is Natura servus ) that is a very modell of a King . So that is the opinion of Aristotle , Lib. 3. Pol. Cap. 14 , where he saith : Verum autem regnum est , cum penes unum est rerum summa potestas : quod regnum procurationem familia imitatur . And therefore Lyeurgus , when one counselled him to dissolve the kingdome and to establish another forme of estate , he answered , Sir begin to doe that which you advise first at home in your owne house noting that the chief of a family is as a King ; and that those that can least endure Kings abroad ; can be content to be Kings at home , & this is the first platforme , which we see is meerely naturall . The second is , that of a Shepheard and his flocke ; which Zenophon saith , Cyrus had ever in his mouth . For shepheards are not owners of the sheepe , but their office is to feede and governe : no more are Kings , proprietaries , or owners of the people , for God is sole owner of people . The nations , as the Scripture saith , are his inheritance : But the office of Kings is to governe , maintaine , and protect people . And that is not without a mystery , that the first King that was instituted by God , David , ( for Saul was butan untimely fruit ) was translated from a shepheard , as you have it in the 78. Psal. Et elegit David servum suum , de gregibus ovium sustulit eum , pascere Iacob Servum suum Israel hereditatem suam . This is the second platforme , a worke likewise of nature . The third platforme is the government of God himselfe over the world , whereof lawfull Monarchies , are a shadow . And therefore both amongst the heathen , and amongst the Christians the word ( sacred ) hath beene attributed unto Kings , because of the conformity of a Monarchy , with the divine Majesty ; never to a Senate or people . And so you finde it twice in the Lord Cookes Reports : once in the second booke , the Bishop of Winchesters case ; and his first booke . Cawdries case , and more anciently in the 10. of H. 7. fo. 18. Rex est persona mixta cam Sacerdote ; an attribute which the senate of Venice , or a Canton of Swisses , can never challenge . So we see there be presidents , or platformes of Monarchies , both in Nature and above Nature : even from the Monarch of heaven and earth ; to the King ( if you will ) in an hive of bees . And therefore other States are the creatures of the law ; and this State onely subsisteth by Nature . For the originall submissions , they are foure in number : I will briefly touch them : The first is Paternity or Patriarchy , which was when a family growing so great as it could not containe it selfe within one habitation , some branches of the descendents were forced to plant themselves into new families , which second families could not by a naturall instinct , and inclination , but beare a reverence and yeeld an obeyseance to the eldest line of the ancient family , from which they were derived . The second is , the admiration of vertue , or gratitude towards merit , which is likewise naturally infused into all men . Of this Aristotle putteth the case well , when it was the fortun of some one man , either to invent some Arts of excellent use towards mans life ; or to congregate people that dwelt scattered , into one place , where they might cohabite with more comfort ; or to guide them from a more barrenland to a more fruitful , or the like : Vpon these deserts , and the admiration and recompence of them , people submitted themselves . The third , which was the most usuall of all , was Conduct in warre , which even in nature induceth as great an obligation , as Paternity . For as men owe their life and being to their Parents , in regard of generation : So they owe that also to Saviours in the warres , in regard of preservation . And therefore we finde in the 18. Chap. of the booke of Iudges , verse 22. Dixerunt omnes ●iri ad Cedeon Dominare nostri , tu et filij tui , quoniam servasti nos de manu Madian . And so we reade when it was brought to the eares of Saul that the people sung in the streets , Saul hath kild his thousand , & David his ten thousand of enemies ; he said straightwaies : Quid ei superest nisi ipsum regnū ? for whosoever hath the military dependance , wants little of being King . The fourth is an enforced submission , which is Conquest , whereof it seemed Nymrod was the first president , of whom it is said , Ipse caepit potens esse in terra , et erat robustus venator coram Domine . And this likewise is upon the same root , which is the saving or gift as it were of life , and being , for the Conqueror hath power of life and death over his Captives , and therefore where he giveth them themselves , he may reserve upon such a gift , what service and subjection he will . All these foure submissions are evident to be naturall and more ancient than law . To speake therefore of Law , which is the second part of that which is to be spoken of , by way of inducement . Law no doubt is the great Organ by which the soveraigne power doth move , and may be truly compared to the sinewes in a naturall body , as the Soveraignty may be compared to the spirits , for if the Sinewes be without the spirits , they are dead and without motion , If the spirits move in weake sinewes it causeth trembling : so the lawes with out the Kings power , are dead ; the Kings power except the lawes be corroborate , will never move constantly , but be full of staggering and trepidation . But towards the King himself , the law doth a double office or operation : The first is to entitle the King , or designe him ; and in that sense Bracton saith well . Lib. 1. fol. 5. and Lib. 3. fol. 107. Lex facit quod ipse sit Rex , that is it defines his title , as in our law , that the kingdome shall goe to the issue female : That it shall not be departable amongst daughters : That the halfe bloud shall not be respected , and other points differing from the rules of common inheritance . The second is ( that whereof we need not feare to speake in good and happy times , such as these are ) to make the ordinary power of the King more definite or regular , for it was well said by a Father , plenitudo potestatis , est pleuitudo tempest at is . And although the King , in his Person , be Solutus Legibus ; yet his Acts and Grants are limited by Law , and we argue them every day . But I demand , Do these offices or operations of law evacuate or frustrate the originall submission , which was naturall ? or shall it be said that all allegiance is by law ? No more than it can be said , that potest potest●● patris , the power of the Father over the Child , is by Law : and yet no doubt Lawes do diversely define of that also ; the Law of some Nations having given Fathers power to put their Children to death ; others , to sell them thrice , others to disinherit them by testament at pleasure , and the like . Yet no man will affirm , that the obedience of the child is by law , though lawes in some points doe make it more positive . And even so it is of allegiance of subjects to hereditary Monarches , which is corroborate and confirmed by law , but is the worke of the law of nature . And therefore you shall finde the observation true , and almost generall in all states , that their law-givers were long after their first Kings , who governed for a time by naturall equity without law ; So was Theseus long before Salo● in A●h●m : for was E●●iti●● and 〈◊〉 long before Lycurgus in Sparta . So was Romulus long before the Decemviri . And even amongst our selves , there were more ancient Kings of the Saxons ; and yet the Lawes ran under the name of Edgars Lawes . And in the refounding of the Kingdome in the person of William the Conqueror , when the Lawes were in some confusion for a time , a man may truly say , that King Edward the first , was the first Law-giver , who enacting some Laws , and collecting others , brought the Law to some perfection . And therefore I will conclude this point with the Style which divers Acts of Parliaments do give unto the King : which terme him very effectually and truly , Our Naturall Sove , raigne Liege Lord . And as it was said by a principall Judge here present when he served in another place , and question was moved by some occasion of the title of Bulleins Lands : That he would never allow , that Queene Elizabeth . ( I remember it for the efficacy of the phrase ) should bee a Statute Queene , but a Common Law Queen : So surely I shall hardly consent , that the King shall be esteemed or called only , Our Rightfull Soveraigne , or Our Lawfull Soveraigne , but our Naturall Liege Soveraigne ; As Acts of Parliament speake : For as the common Law is more worthy than the Statute Law : So the Law of Nature is more worthy than them both . Having spoken now of the King and the Law : it remaineth to speake of the priviledge and benefit of Naturalization it selfe , and that according to the rules of the Law of England . Naturalization is best discerned in the degrees whereby the Law doth mount and ascend thereunto . For it seemeth admirable unto mee , to consider with what a measured hand , and with how true poportions our Law doth impart and conferre the severall degrees of this benefit : The degrees are foure . The first degree of persons , ( as to this purpose ) ●hat the Law takes knowledge of , is an Alien Enemy : that is such a one as is borne under the obeisance of a Prince or State that is in hostility with the King of England . To this person the Law giveth no benefit or protection at all , but if hee come into the Realme after war proclaimed , or war in fact , he comes at his own perill , hee may be used as an enemy : For the Law accounts of him , but ( as the Scripture saith ) as of a Spye that comes to see the weaknesse of the land . And so it is 2. of Ric. the 3 , fo. 2. Neverthelesse , this admitteth a distinction . For if he come with safe conduct , otherwise it is . For then he may not be violated , either in person or goods . But yet hee must fetch his Justice at the fountaine head , for none of the Conduit pipes are open to him , he can have no remedy in any of the Kings Courts : but he must complain himselfe before the Kings Privy Councell : There he shall have a proceeding summary from houre to houre , the cause shall be determined by naturall equity , and not by rules of Law , and the decree of the Councell shall be executed by ayde of the Chauncery , as is 13. Edw. 4. An this is the first degree . The second person , is an Alien friend , that is such a one as is borne under the obeisance of such a King or State , as is confederate with the King of England , or at least not in war with him . To this person the Law allotteth this benefit , that as the Law accounts that the hold it hath over him , is but a tranfitory hold ( for he may be an Enemy ) So the Law doth indu● him , but with a transitory benefit , that is of moveable goods and personall actions . But for free-hold , or lease , or actions reall , or mixt : he is not inabled , except it be in auter droit And so it is 9 , E. 4 , fo. 7. 19. E. 4 ; fo. 6. 5. Ma. and divers other books . The third person is a Denizon , using the word properly ; ( for sometime it is confounded with a naturall borne subject . ) This is one , that is but Subditus insitivus , or adoptivus , and is never by birth , but only by the Kings Charter , and by no other meane ; come he never so young into the Realme , or stay he never so long . Mansion or Habitation will not indenise him , no nor swearing obedience to the King in a Leete , which doth in-law the subject ; but only ( as I said ) the Kings grace and gift . To this person the Law giveth an ability and capacity abridged , not in matter but in time . And as there was a time , when hee was not subject : So the Law doth not acknowledge him before that time . For if he purchase free-hold after his Denization , he may take it ; but if he have purchased any before , he shall not hold it : So if hee have children after , they shall inherit , but if hee have any before , they shall not inherit : So as he is but priviledged à parte post , as the Schoole-men say , and not à parte ante . The fourth and last degree , is a Naturall borne subject , which is evermore by birth , or by Act of Parliament ; and he is compleate and entire . For in the Law of England , there is nil ultra , there is no more subdivision or more subtile division beyond these : And therein it seemeth to mee that the wisdome of the Law ( as I said ) is to be admired both ways , both because it distinguisheth so far , and because it doth not distinguish further . For I know that other Lawes do admit more curious distinction of this priviledge ; For the Romanes had besides 〈◊〉 Civitatis , which answereth to Naturalization , Ius Suffragii . For although a man were naturalized to take lands and inheritance ; yet he was not inabled to have a voyce at passing of Laws , or at election of Officers . And yet further they have Ius Petitionis , or Ius Honorum . For though a man had voyce , yet he was not capable of honour , and office . But these be the devises commonly of popular or free estates , which are jealous whom they take into their number , and are unfit for Monarchies : But by the Law of England the subject that is naturall borne , hath a capacity or ability to all benefits whatsoever ; I say capacity or ability . But to reduce Potentiam in actum , is another case . For an Earle of Ireland , though he be naturalized in England , yet hath so voyce in Parliament of England , except he have either a call by Writ , or a creation by Patent , but he is capable of either . But upon this quadripartite division of the ability of persons , I doe observe to your Lordships three things , being all effectually pertinent to the question in hand . The first is , that if any man conceive that the reasons for the Post-nati might serve as well for the Ante-nati ; He may by the distribution which wee have made , plainly perceive his error . For the Law looketh not back , and therefore cannot by any matter ex post facto , after birth , after the state of the birth ; wherein no doubt the Law hath a grave and profound reason , which is this in few words , Nemo subito fingitur ; aliud est nasci , aliud fieri : Wee indeed more respect and affect thse worthy Gentlemen of Scotland whose merits and conversations we know : but the Law that proceeds upon generall reason and looks upon no mens faces , affecteth and priviledgeth those , which drew their first breath under the obeisance of the King of England . The second point is , that by the former distribution , it appeareth that there be but two conditions by birth , either Alien or naturall borne ( nam tertium penitus ignor amus . ) It is manifest then , that if the Post . nati of Scotland , be not naturall borne , they are alien born and in no better degree at all , than Flemmings , French , Italians , Spanish , Germans , and others ; which are all at this time Alien friends , by reason his Majesty is in peace with all the World . The third point seemeth to mee very worthy the consideration , which is , that in all the distribution of persons , and the degrees of abilities or capacities , the Kings Act is all in all , without any manner of respect to Law or Parliament . For it is the King , that makes an Alien enemy , by proclaiming a war , wherewith the Law , or Parliament intermeddles not : So the King only grants Safe-conducts , wherewith Law and Parliament intermeddle not . It is the King likewise that maketh an Alien friend , by concluding a peace , wherewith Law and Parliament intermeddle not . It is the King that makes a Denizon , by his Charter absolutely of his prerogative and power , wherewith Law and Parliament intermedle not . And therefore it is strongly to be inferred , that as all these degrees depend wholly upon the Kings act , and no wayes upon Law or Parliament : So the fourth , although it cannot by the Kings Patent , but by operation of Law : yet that the law , in that operation , respecteth onely the Kings person , without respect of subjection to Law or Parliament . And thus much by way of explanation , and inducement : which being all matter in effect confessed , i● the strongest ground-worke to that which is contradicted or controverted . There followeth the confutation of the Arguments on the contrary side . That which hath beene materially objected may be reduced to foure heads . The first is , that the priviledge of Naturalization , followeth Allegeance , and that allegeance followeth the Kingdome . The second is drawne from that common ground , Cum duo jura concarrunt in una persona , aquum est , ac si essent in duobus ; a rule , the words whereof are taken from the Civill Law ; but the matter of it is received in all lawes ; being a very line or rule of reason to avoyd confusion . The third consisteth of certaine inconveniencies conceived to ensue of this generall naturalization ipso jure . The fourth is not properly an objection , but a preoccupation of an objection or proofe on our part , by a distinction devised betweene Countries devolute by descent , and acquired by Conquest . For the first , it is not properly to observe that those which maintaine this new opinion , whereof there is altum Silentium in our bookes of Law , are not well agree in what forme to utter and expresse that : for some said that allegeance hath respect to the Law , some to the Crowne , some to the Kingdome , some to the body politique of the King , so there is confusion of tongues amongst them , as it commonly commeth to passe in opinions , that have their foundations in subtilty , and imagination of mans wit , and not in the ground of nature . But to leave their words and to come to their proofes , they endeavour to prove this conceipt , by three manner of proofes . First by reason , then by certaine inferences out of Statutes , and lastly , by certaine booke-cases mentioning and reciting the formes of pleadings . The reason they bring is this ; That Naturalization is an operation of the Law of England , and so indeed it is , that may bee the true genus of it . Then they adde ( that granted ) that the Law of England is of force onely within the Kingdome and Dominions of England , and cannot operate , but where it is in force . But the Law is not in force in Scotland , therefore that cannot endure this benefit of Naturalization by a birth in Scotland . This reason is plausible and sensible , but extreamely erronious . For the Law of England , for matters of benefit , or forfeitures in England , operateth over the World . And because it is truely said , that Respublica continetur poena , & praemio . I will put a case or two of either . It is plaine that if a Subject of England had conspired the death of the King in forraine parts , it was by the Common Law of England treason . How prove I that ? By the Statute of 35. of H. 8. ca. 2. wherein you shall find no words at all of making any new case of treason which was not treason before , but onely of ordaining a forme of triall , Ergo it was treason before . And if so , then the Law of England workes in forraine parts . So of contempts , if the King send his Privy Seale to any Subject beyond the Seas , commanding him to returne , and hee disobey ; no man will doubt , but there is a contempt , and yet the fact enduring the contempt was committed in forraine parts . Therefore the Law of England , doth extend to Acts or matters done in forraine parts . So of reward , Priviledge or benefit wee need seeke no other instance ; then the instance in question , for I will put you a case that no man shall deny , where the Law of England doth worke and conferre the benefit of Naturalization upon a birth neither within the Dominions of the Kingdome , nor King of England . By the Statute of 25. E. 3. which , if you will beleeve Hussey , is but a Declaration of the Common Law , all children borne in any parts of the World , if they be of English Parents , continuing at that time , as liege Subjects to the King , and having done no act to forfeit the benefit of their allegeance are ipso facto naturalized . Nay if a man looke narrowly into the Law in this point , he shall find a consequence , that may seeme at the first strange , but yet cannot well be avoided ; which is that it divers Families of English-men and women plant themselves at Middleborough or at Roane , or at Lysoone , and have issues , and their deseendents doe intermarry , amongst themselves without any intermixture of forraine blood ; such descendents are naturalized to all generations , for every generation is still of liege Parents , and therefore naturalized . So as you may have whole tribes , and lineages of English in forraine Countries . And therefore it is utterly untrue that the Law of England cannot operate , of conferre naturalization , but onely within the bounds of the Dominions of England . To come now to their inferences upon Statutes . The firstis out of this Statute which J last recyted . In which Statute it is said , that in foure severall places , there are words ; borne within the allegeance of England ; or againe borne without the allegeance of England , which ( say they ) applies the allegeance to the Kingdome , and not to the person of the King . To this the answer is easie : for there is not trope of speech more familiar then to use the place of addition for the person . So we say commonly the lyne of Yorke , or the lyne of Lancaster , for the lynes of the Duke of Yorke or the Duke of Lancaster . So we say the possessions of Sommerset or Warmick intending the possessions of the Dukes of Sommerset , or Earles of Warmick . So we seeEarles signe , Salisbury , Northampton , for the Earles of Salisbury or Northampton . And in the very same manner , the Statute speakes , allegeance of England , for allegeance of the King of England . Nay more if there had been no variety in the penning of that Statute , this collect - on had had a little more force , for those words might have beene thought , to have been used of purpose , and in propriety ; but you may find in three other severall places of the same Statute , Allegeange and obeysance of the King of England , and specially in the materiall and concluding place , that is to say , children whose Parents were at the time of their birth , at the faith and obeysance of the King of England , so that is manifest by this indifferent and indifferent use of both Phrases , the one proper , the other unproper , that no man can ground any inferēce upon these words without danger of cavillation . The second Statute out of which they inferre , is a Statute made in 32. of H. 8. ca. touching the policy of strangers trades men within this Realme . For the Parliament finding , that they did eate the Englishmen out of trade , and that they entertained no Apprentizes , but of their o vne Nation , did prohibite that they should receive any . Apprentize , but the Kings Subjects . In which Statute is said , that in 9. severall places , there is to be found this context of words , Aliens 〈◊〉 〈◊〉 of the Kings obedience ; which is pregnant ( say they ) and doth imply that there bee Aliens borne within the Kings obedience . Touching this inference I have heard it said Q●i haeret in litera , baeret in cortice , but this is not worthy the name , of Cortex , it is but muscus 〈◊〉 , the mosse of the barke . For it is evident that the Statute meant to speake clearely and without equivocation , and to a common understanding . Now then there are aliens in common reputation & aliens in precise construction ofLaw , The Statute then meaning not to comprehend Irish-men , or Ge●sie-men , or Calize-men , for explanation sake , left the word alien might be extended to them in a vulgar acceptance , added those further words , borne out of the Kings obedience ? Nay , what if we should say , that those words according to the received Lawes of Speech , are no words of difference or limitation , but of declaration or description of an alien , as if it had beene said with a videlicet , aliens ; that is such as are borne out of the Kings obedience : they cannot put us from that construction . But sure I am , if the barke make for them , the pyth makes for us , for the Priviledge or liberty which the Statute meanes to deny to Aliens of entertaining Apprentizes is denyed to none , borne within the Kings obedience , call them Aliens or what you will . And therefore by their reason a post-Natus of Scotland shall by that Statute keepe what stranger Apprentizes he will , and so is put in the degree of an English . The third Statute out of which inference is made , is the Statute of 14. E. 3. ca. solo , which hath been said to be our very case , and I am of that opinion too , but directly the other way , therefore to open the scope and purpose of that Statute . After that the title to the Crowne of France , was devolute to K. E. 3. & that he had changed his Stile , changed his Armes , changed his Seale , ( as his Majestie hath done ) the Subject of England ( saith the Statute ) conceived a feare that the Realme of England might become subject to the Realme of France , or to the K. as K. of France . And I will give you the reasons of the double feare , that it should become subject to the Realme of France they had this reason of feare : Normandy had conquered England ; Normandy was feudall of France , therefore because the superiour Seignery of France was now united in right with the Tenancy of Normandy , and that England , in regard of the conquest might be taken as a perquisite to Normandy , they had propable reason to feare , that the Kingdome of England might be drawne to be subject to the Realme of France . The other feare that England might become subject to the K. as K. of France grew no doubt of this fore-sight , that the Kings of England might be like to make their mansion and seate of their estate in France , in regard of the Climate , wealth , and glory of that Kingdome ; and thereby the Kingdome of England might be governed by the Kings mandates and precepts issuing , as from the King of France . But they will say what soever the occasion was , here you have the difference authorised of subjection to a K. generally , and subjection to a King , as K. of a certaine Kingdome , but to this I give an answer three-fold . First , it preffeth not the question ; for doth any man say that a Post-natus of Scotland is naturalized in England , because he is a subject of the King , as K. of England ? No , but generally , because he is the K. Subject . Secondly , the scope of this Law is to make a distinction between Crown , and Crown ; But the scope of their argument is to make a difference betweene Crowne and person . Lastly , this Statute ( as I said ) is our very case retorted against them , for this is a direct Statute of separation , which presupposeth that the Common Law had made an union of the Crownes in some degree , by vertue of the vnion in the Kings person ● if this statute had 〈◊〉 beene made to stop & crosse the course of the common Law in that point , as if Scotland now should be suitors to the King , that an Act might passe to like effect , and upon like feare . And therefore if you will make good your distinction , in this present case ; shew us a Statute for that . But I hope you can shew no Statute of separation betweene England and Scotland . And if any man say , that this was a Statute declaratory of the Cōmon Law , he doth not marke how that is penned : for after a kind of Historicall declaration in the Preamble , that England was never subject to France , the body of the Act is penned thus : The King doth grant and establish , which are words meerly introductive novae legis as if the King gave a Charter of Franchise , and did invest by a Donative , the Subjects of England with a new Priviledge or exemption , which by the Cōmon Law they had not . To come now to the booke-cases which they put : which I will couple together because they receive one joynt answere . The first is 42. of E. 3. fo. where the booke saith : exception was taken that the plaintife was borne in Scotland at Rosse , out of the allegeance of England . The next is 22. H. 6. fo. 38. Adrians Case , where it is pleaded that a woman was borne at Burgis , out of the allegeance of England . The third is 13. Eliz. Dyer fo. 300 where the case begins thus : Doctor Story qui notorie dignoscituresse subditus regni Angliae . In all these three ( say they ) that is pleaded that the party is subject of the Kingdome of England , and not of the King of England . To these bookes I give this answer , that they be not the Pleas at large , but the words of the Reporter , who speakes compendiously and narrative , and not according to the solemne words of the pleading . If you find a case put , that it is pleaded , a man was seized in Fee . simple , you will not inferre upon that , that the words of the pleading were in fe●do simplici ; but sibi & haeredibus suis . But shew mee some president of a pleading at large of Natus sub legeantia Regni Angliae ; for whereas Mr. VValter said that pleadings are variable in this point , he would faine bring it to that ; but there is no such matter : For the pleadings are constant , and uniforme in this point ; they may vary in the word fides , or legeantia , or obedientia , and some other circumstances , but in the forme of Regni and Regis , they vary not : neither can there , as J am perswaded be any one instance shewed forth to the contrary . See 9. Eliz. 4. Baggots Assize , f. 7. where the pleading at large is entred in the booke ; There you have , alienigena natus extra legeantiam domini Regis Angliae . See the presidents in the Booke of Entries , Pl. 7. and two other places ; for there be no more , and there you shall find still sub legeantia domini Regis , or extra legeantiā Domini Regis . And therefore the formes of pleading , which are things so reverend , and are indeed towards the Reasons of the Law , as Palma , and Pugnus , conteyning the Reason of the Law , opened or unfolded , or displayed , they makeall for us . And for the very words of Reporters in bookes , you must acknowledge and say , Ilicet obruimur numera . for you have 22 Ass. Pl. 25. 27. 〈◊〉 . the Pryor of Ske●●es case Pl. 48. 14. H. 4. f. 19. 3. H. 6. f. 35. 6. H. 8. in my Lord Dyer , fol. 2. In all these bookes , the very words of the Reporters have the allegeance of the King , and not the allegeance of England . And the booke in the 24. of Eltz. 3. which is your best booke , although while it is tossed at the Bar , you have sometimes the word allegeance of England , yet when it comes to Thorpe chiefe Iustice to give the rule , he faith ; we will be certified by the Role , whether Scotland be within the allegeance of the King . Nay that further forme of pleading beateth downe your opinion . That it sufficeth not to say , that he is borne out of the allegeance of the King , and stay there , but he must shew in the affirmative under the allegeance of what King , or state he was borne . The Reason whereof cannot be because it may appeare , whether he be a friend or an enemy , for that in a reall action is all one : not it cannot be because issue shal be taken thereupon ; for the issue must arise on the other side upon indigena pleaded and traversed . And therefore it can have no other reason , but to apprise the court more certainly , that the countrey of the birth is none of those , that are subject to the King . As for the tryall , that it should be impossible to de tryed ; I hold it not worth the answering ; for the ovenire facias , shall goe either where the naturall birth is laid , although it be but by fiction , or if it be laid according to the truth , it shal be tryed where the action is brought , otherwise you fall upon a maine : Rock , that breaketh your Argument in pieces , for how should the birth of an Irish-man be tryed , or of 2 Gersie man ? Nay how should the birth of a subject be tryed that is borne of English Parents in Spain or Florence , or any part of the world ? for to all these the like objection of tryall may be made , because they are within no Counties , and this receives no answer . And therefore I will now passe on to the second maine Argument . It is a rule of the Civill Law , say they , cum duo jura , &c. when two rights doe meete in one person there is no confusion of them , but they remain still in eye of law distinct , as if they were in severall persons , and they bring examples of one man Bishop of two Seas , or one person that is Rector of two Churches . They say this unity in the Bishop , or the Rector doth not create any privity between the Parishioners or Dioceseners , more then if there were severall Bishops , or severall Parsons . This rule I allow ( as was said ) to be a Rule not of the Civill Law onely , but of common reason , but receiveth no forced or coyned , but a true and sound distinction , or limitation , which is , that it evermore faileth and deceiveth in cases , where there is any vigor , or operation of the naturall person ; for generally in coporations the naturall body is but suffulcimentum corporis corporati , it is but as a stock to uphold and beare out the corporate body , but otherwise it is in the case of the Crown , as shall be manifestly proved in due place . But to shew that this rule receiveth this distinction , I will put but two cases . The statute of the 21. Hen. 8. ordaineth that a Marquesse may retaine sixe Chaplaines qualified , a Lord Treasurer of England foure , a Privie Counsellour three . The Lord Treasurer Paulet was Marqueffe of Winchester , Lord Treasurer of England and privie counsellor all at once . Question was whether hee should qualifie 13. Chaplaines . Now by the Rule cum duo Iura , he should ; but adjudged , he should not . And the Reason was because the attendance of Chaplaines concerned and respected his naturall person , he had but one soule , though he had three Offices . The other case which I will put , is the case of Homage , a man doth homage to his Lord for a Tenancie held of the mannor of Dale , there descendeth unto him afterwards a Tenancie held of the mannor of Sale , which mannor of Sale is likewise in the hands of the same Lord . Now by the Rule cum duo jura , he should doe homage againe , two Tenancies and two Seignories , though but one Tenant , and one Lord , aequum est ac si esset in duobus . But ruled that he should not doe homageagaine : nay in the Case of the King , hee shall not pay a second respect of Homage , as upon grave and deliberate consideration it was resolved , 24. H. 8. and Vsus Scaccarii ; as is there said accordingly . And the Reason is no other but because when a man is sworne to his Lord , hee cannot be sworne over againe , he hath but one Conscience , and the Obligation of this Oatli , trencheth betweene the naturall person of the Tenant , and the naturall person of the Lord . And certainly the Case of Homage and Tenure , and of Homage Liege , which is one case , are things of a neere Nature , save that the one is much inferiour to the other , but it is good to behold these great matters of State in cases of lower Element , as the Eclipse of the Sun is used to be in a paile of Water . The third maine Argument conteyneth certain supposed inconveniences , which may ensue of a generall Naturalization ipso jure , of which kind three have bin specially remembred . The first is the losse of profit , to the King upon Letters of Denization , and purchases of Aliens . The second is the concourse of Scottishmen into this Kingdome , to the infeebling of that Realme of Scotland in people , and the impoverishing of this Realme of England in wealth . The third is , that the reason of this case stayeth not within the compasse of the present case ; for although it were some reason that Scottishmen were naturalized being people of the same Iland and language , yet the reason which we urge , which is , That they are subject to the same King , may be applyed to persons every way more estranged from us then they are , as if in future time in the Kings descendents , there should be a match with Spaine , and the Dominions of Spaine should bee united with the Crowne of England by one reason ( say they ) all the VVest-Indies should be naturalized ; which are people not onely , alterius Soli but alterius Caeli . To these conceits of inconvenience , how easie it is to give answer , and how weake they are in themselves , I thinke no man that doth attentively ponder them can doubt ; For how small revenue can arise of such Denizations , and how honourable it were for the King to take escheats of his Subjects , as if they were forreyners ( for seisure of aliens Lands are in regard the King hath no hold or command of their persons , and services ) every one may perceive . And for the confluence of Scottishmen , I thinke wee all conceive the Spring-tide is past at the Kings first comming in . And yet wee see very few families of them , throughout the Cities & Boroughes of England . And for the naturalizing of the Indies , we can readily helpe that , when the case comes ; for we can make an act of Parliament of separation if we like not their consort . But these being Reasons politique , and not legall ( and we are not now in Parliament , but before a Judgment Seate ) I will not meddle with them , specially since I have one answer which avoids and confounds all their objections in Law , which is that the very self-same objections doe hold in Countreyes purchased by Conquest . For in Subjects obtained by Conquest , it were more profit to indenizate by the Poll , in Subjects obteyned by Conquest , they may come in too fast . And if King Hen. 7. had accepted the offer of Christopher Columbus , whereby the Crowne of England had obteyned the Indies by conquest or occupation , all the Indies had bin naturalized by the confession of the adverse part . And therfore since it is confessed , that Subjects obteyned by Conquest are naturalized , & that all these objections are common and indifferent , as well to case of Conquest , as case of descent , these objections are in themselves destroyed . And therefore to proceed now to overthrow that distinction of descent and Conquest . Plato saith well , the strongest of all authorities is , if a man can alledge the authority of his adversaries against him selfe , we doe urge the Confession of the other side , that they confessed the Irish are naturalized , that they confesse the Subjects of the Iles of Gersie and Garnsey , and Barwick to be naturalized , and the subjects of Calice and Tourney when they were English were naturalized , as you may find in the 5. E. in Dyer , upon the question put to the Judges by Sir Nicholas Bacon Lord Keeper . To avoid this , they flye to a difference , which is new coyned , and is ( I speake not to the disadvantage of the persons that use it ; for they are driven to it tanquam ad ultimum refugium , but the difference it selfe ) it is I say full of ignorance and error . And therefore to take a view of the supports of this difference , they alledge foure Reasons . The first is , that Countreyes of Conquest , are made parcell of England ; because they are acquired by the Armes and Treasure of England . To this I answer , That it were a very strange Argument , that if I waxe rich upon the Mannor of Dale , and upon the Revenue thereof purchase a close by it , that it should make that parcell of the Mannor of Dale . But I will set this new Learning on ground with a question or case put . For J oppose them that hold this opinion with this Question , if the King should conquer any Forreigne Countrey by an Army compounded of English-men and Scottish-men , as it is like whensoever Warres are , so it will be . I demand whether this Countrey conquered shall qe naturalized both in England and Scotland , because it was purchased by the joynt Armes of both ? And if yea , whether any man will thinke it reasonable , that such Subjects bee naturalized in both Kingdomes , the one Kingdome not being naturalized towards the other ? These are the intricate consequences of Conceits . A second reason they alledge , is , that Countreyes won by Conquest become subject to the Lawes of England , which Countries Patrimoniall are not , and that the Law doth draw the Allegeance , and Allegeance Naturalization . But to the Major proposition of that Argument , touching the dependancy of aliegeance upon Law , somewhat hath bin already spoken , and full answer shal be given when we come to it . But in this place it shall suffice to say , that the Minor proposition is false , that is , that the Lawes of England are not superinduced upon any Countrey by Conquest ; but that the old Lawes remaine untill the King by his Proclamation or Letters pattents declare other Lawes , and then if he will , hee may declare Lawes which be utterly repugnant , and differing from the Lawes of England . And hereof many antient Presidents and Records may be shewed ; that the Reason why Ireland is subject to the Lawes of England is not ipso jure upon conquest ; but grew by aCharter of K. John , and that extended but to so much as was then in the Kings possession , For there areRecords in the time of King . S. 1 and 2 of divers particular Grants to sundry Subjects of Ireland , and their Heires , that they might use and observe the Lawes of England . The third Reason is , that there is a politique necessity of intermixture of people in case of subjection , by Conquest to remove alienations of mind , & to securo the Stato , which holdeth not in case of descent . Here I perceive Mr. 〈◊〉 hath read somewhat in matter of State , and so have I likewise , though we may both quickly lose ourselves in cause of this Nature . I find by the best opinions , that there bee two meanes to assure and retaine in obedience Countreyes conquered , both very differing , almost in extreames the one towards the other . The one is by Colonies , and intermixture of people , and transplantation of families , which Mr. Walter spoke off , and it was indeed the Romane manner but this is like an old relique , much reverenced and almost never used . But th'other which is the modern manner , and almost wholly in practice & use , is by Garrisons and Citadelles , and Lists or Companies of men of Warre , and other like matters of terrour and bridle . To the first of these ( which is little used ) it it true that naturalization doth conduce , but to the latter it is utterly opposite , as putting too great pride , and meanes to do hurt , in those that are meant to be kept short and low . And yet in the very first case of the Romane proceeding , Naturalization did never follow by Conquest , during all the growth , of the Romane Empire , but was ever conferred by Charters , or Donations , sometimes to Cities , and Townes , sometimes to particular persons , & sometimes to Nations , untill the time of Adrian the Emperour , and the Law in Orbe Romano , and that Law or constitution is not referred to title of Conquest and Armes onely , but to all other titles ; as by the Donation and Testament of Kings , by submission and dedition of States , or the like . So as this difference was as strange to them , as to us . And certainly I suppose it will sound strangely in the hearing of forreigne Nations , that the law of England should ipso sacto , naturalize subjects of Conquest , and should not naturalize Subjects , which grow unto the King by descent ; that is , that it should conferre the benefit and priviledge of naturalization upon such , as cannot at the first but beare hatred and rancor to the state of England , and have had their hands in the bloud of the Subjects of England , and should deny the like benefit to those that are conjoyned with them by a more amiable meane : And that the law of England , should conferre naturalization upon slaves and vassals ( for people conquered are no better in the beginning ) and should deny it to Free-men : I say it will be marvelled at abroad , of what complexion the lawes of England bee made , that breedeth such differences . But there is little danger of such scandals ; for this is a difference , that the law of England never knew . The fourth reason of this difference is , that in case of Conquest , the territory united can never be separated againe . But in case of descent , there is a possibility , if his Majesties line should faile , the Kingdomes may severe againe to their respective heires , as in the case of 8. H. 6. where it is said , that if Land descend to a man , from the Ancestor , on the part of his Father , and a rent issuing out of it , from an Ancestor , on the part of the mother , if the party dye without issue , the Rent is revived . As to this Reason , I know well the continuance of the Kings line , is no lesse deare to those , that alleadge the reason , then to us that confute it . So as I doe not blame the passing of the reason ; but it is answered with no great difficulty ; for first the law doth never respect remote and forrein possibilities , as noteably appeared in the great case betweene Sir Hugh Cholmley , and Houlford in the Exchequer , where one in the remainder , to the end to bridle tenant in tayle from suffering a common recovery , granted his remainder to the King , and because he would be sure to have it out again , without charge or trouble , when his turne was served ; he limitted it to the King , during the life of tenant in tayle . Question grew whether this grant of remainder were good , yea or no . And it was said to be frivolous and void , because it could never by any possibility execute ; for tenant in tayle cannot surrender , and if he dyed , the remainder likewise ceased . To which it was answered , that there was a possibility , that it might execute , which was thus ; Put case that tenant in tayle should enter into Religion having no issue : then the remainder should execute , and the King should hold the land during the naturall life of tenant in tayle , notwithstanding his civill death . But the Court una vate exploded this reason , and said , that Monasteries were downe , and entries into Religion gone ; and they must be up againe ere this could be , and that the Law did not respect such remote , and forreine possibilities , & so we may hold this for the like ; For I think we all hope , that neither of those days shall ever come , either for Monasteries to be restored , or for the K. line to faile , but the true answer is , that the possibility subsequēt , remote , or not remote doth not alter the operatiō of law for the present . For that should be , as if in case of the Rent which you put , you should say , that in regard , that the rent maybe severed , it should be said , to be in esse in the meane time , and should be grantable , which is cleerely otherwise . And so in the principall cafe , if that should be ( which God of his goodnesse forbid ) cessante causa , cessat effectus , the benefit of naturalization for the time to come is dissolved . But that altereth not the operation of the Law . Rebus sic stantibus . And therefore I conclude , that this difference is but a devise full of weaknesse and ignorance : and that there is one , and the same reason of naturalizing subjects by descent , and subjects by conquest , and that is the union in the person of the King ; and therefore that the 〈◊〉 of Scotland is as cleere , as that of Ireland , and they that grant the one , cannot deny the other . And so I conclude the second part , touching confutation . To proceed therefore to the prooses of our part , your Lordships cannot but know many of them must be already spent , in the answer which we have made to the objections . For corruptio unius , generatio alterius , holdes aswell in Arguments , as in Nature , the destruction of an objection begets a proofe . But neverthelefse , I will avoid all iteration , least I should seem either to distract your memories , or to abuse your patience ; But will hold my selfe onely to these proofs , which stand substantially of themselves , and are not intermixed with matter of confutation . I will therefore prove unto your Lordships , that the post-natus of Scotland is by the Law of England nat●rall , and ought fo to be adjudged by three courses of proofe . 1. Bi●●t upon point of favour of Law . 2. Secondly , upon reasons and authorities of Law . 3. And lastly , upon former presidents & examples . Favour of Law , what meane J by that ? the Law is equall , and favoureth not : It is true , not persons : but things or matters it doth favour . Is it not a common principle , that the Law favoureth three things , Life , Liberty , & Dower ? And what is the reason of this favour ? This , because our Law is grounded upon the Law of Nature . And these three things doe flow from the Law of Nature , preservation of life Naturall , Liberty , which every Beast or Bird seeketh and affecteth naturally , the society of man and wife , whereof Dower is the reward naturall . It is well , doth the Law favour Liberty so highly , as a man shall infranchise his bondman , when hee thinketh not of it , by granting to him , Lands or Goods ? And is the reason of it , quia natura omnes homines erant liberi ? and that servitude or villenage , doth crosse and abridge the Law of Nature ? And doth not the selfe-same reason hold in the present case ; For my Lords by the Law of Nature , all men in the world are naturalized one towards another , they were all made of one lumpe of earth , of one breath of God , they had the same common Parents . Nay at the first they were , as the Scripture sheweth , unius Labii , of one Language , untill the curse , which curse ( thankes be to God ) our present case is exempted from . It was Ciuill and Nationall Lawes , that brought in these words , and differences of Civis and Exterus , Alien & Native And therefore because they tend to abridge the Law of Nature , the Law favoureth not them , but takes them strictly , even as our Law hath an excellent rule , that customes of Townes & Burroughes shall be taken and construed strictly & precisely , because they doe abridge and derogate from the law of the land . So by the same reason all Nationall Lawes whatsoever , are to be taken strictly and hardly in any point wherein they abridge , and derogate from the law of Nature . Whereupon I conclude that your Lordships cannot judge the law for the other side , except the case be Luce clarius . And if it appeare to you but doubtfull , as I thinke no man in his right senses but will yeeld it , to be at least doubtfull , Then ought your Lordships ( under your correction be it spoken ) to pronounce for us because of the favour of the Law . Furthermore as the law of England must favour Naturalization , as a branch of the law of Nature : so it appeares manifestly , that it doth favour it accordingly . For is it not much to make a Subject Naturalized ? By the law of England , it should suffice , either place or Parents , if he be born in England , it is matter no though his Parents be Spanyards , or what you will . On th'other side , if he be borne of English Parents , it skilleth not though he be borne in Spaine , or in any other place of the World . In such sort doth the Law of England open her lappe to receive in people to be Naturalized , which indeed sheweth the wisedome and excellent composition of our law . And that it is the law of a Warlike and Magnanimous Nation , sit for Empire . For looke , and you shall find that such kind of estates have been ever liberall in point of Naturalization : whereas Marchant-like and envious estates have bin otherwise . For the reasons of law joyned with authorities , I doe first observe to your Lordships , that our assertion or affirmation is simple and plaine : that it sufficeth to naturalization , that there be one King , and that the party be , natus ad sidem Regis , agreeable to the definition of Littleton : which is . Alien is he which is born out of the allegeance of our Lord the King . They of th'other side speak of respects , and quoad and quatenus , and such subtilties and distinctions . To maintaine therefore our assertion , J will use three kindes of proofes . The first is , that allegeance cannot be applyed to the Law or Kingdome , but to the person of the King , because the Allegeance of the Subject is more large and spatious , and hath a greater latitude , and comprehension , then the Law or the Kingdome . And therefore it cannot be a dependency of that , without the which it may of it selfe subsist . The second proofe which I will use , is , that the Naturall body of the King hath an operation and influence into his body politique , aswell as his body politique hath upon his body Naturall , And therefore that although his body politique of King of England , and his body politique of King of Scotland be soverall and distinct : Yet neverthelesse , his Naturall person , which is one , hath an operation upon both , and createth aprivity betweene them . And the third proofe is the binding text of five severall statutes . For the first of these I shall make it manifest , that the allegeance is of a greater extent , and dimension , then Lawes or Kingdome , and cannot confist by the lawes meerely , because it began before laws , it continueth after Lawes , and it is in vigour where Lawes are suspended , and have not their force . That it is more antient then law , appeareth by that which was spoken in the beginning by way of inducement where I did endeavour to demonstrate , that the originall age of Kingdomes was governed by naturall equity , that Kings were more antient then Law-givers , that the first submissions were simple , and upon confidence to the person of Kings , and that the Allegeance of Subjects to hereditary Monarchies , can no more be said to consist by lawes , then the obedience of Children to Parents . That Allegeance continueth after lawes , I will onely put the case , which was remembred by two great Judges in a great Assembly , the one of them now with God , which was : that if a King of . England should be expalsed his Kingdome , and some particular subjects should follow him in flight , or exile in forreigne parts , and any of them there should conspire his death , that upon his rocoveryof his Kingdome ; such a subject might by the Law of England be proceeded with ; for Treason committed and perpetrated at what time he had no Kingdome , and in place wher ethe Law did not bind . That Allegeance is in vigour and force , where the power of Law hath a cessation appeareth notably in time of Warres , for silent leges inter arma . And yet the Soveraignty , and Imperiall power of the King , is so farre , from being then extinguished , or suspended ; as contrariwsse it is raised , and made more absolute , for then he may proceed by his supreame authority , and Martiall Law without observing formalities of the Lawes of his Kingdome . And therefore whosoever speaketh of Lawes , and the Kings power by Lawes , and the Subjects obedience , or allegeance to Lawes , speake but of one halfe of the Crowne . For Bracton out of Justinian doth truly define , the Crowne to consist of Lawes and Armes , power Civill and Martiall , with the latter whereof the Law doth not intermeddle , so as where it is much spoken that the Subjects of England are under one Law , and the Subjects of Scotland are under another Law , it is true at Edenborough or Sterling , or againe in London , or Yorke ; But if Englishmen and Scottishmen meet in an Army Royall before Calice . I hope then they are under one Law . So likewise not onely in time of warre , but in time of peregrination : If a King of England travaile , or passe through forraine territories ; yet the allegeance of his Subjects followeth him , as appeareth in that not able case which is reported in 〈◊〉 , where one of the traine of K. Ed. I. as be past through France from the Holy Land , imbezelled some silver Plate at Paris , and Jurisdiction was demanded of this crime by the French Kings Counsell at Law . 〈◊〉 〈◊〉 , and demanded likewise by the Officers of K. Edw. ratione personae , and after much solemnity and contestation and interpleading , it was ruled and determined for King Edward , and the party tryed and judged before the Knight Marshall of the Kings house , and hanged after the English Law , and execution in St. Germaines meadovves : and so much for my first proofe . For my second maine proofe ; that is drawn from the true & legall distinction of the Kings severall capacities ; for they that maintaine the contrary opinion , doe in effect destroy the whole force of the Kings naturall capacity , as if it were drowned and swallowed up by his politique . And therefore I will first prove to your Lordships , that his two capacities are in no sort confounded ; and secondly , that as his capacity politique worketh so upon his naturall person , as it makes it differ from all other the naturall persons of his Subjects : so è converso , his naturall body worketh so upon his politique , as the corporation of the Crowne utterly differeth from all other Corporations within the Realme . For the first I will vouch you the very words which I find in that notable case of the Dutchie , where the question was , whether the grants of King Ed. 6. for Dutchy lands should be avoyded in points of nonage . The case , as your Lordships know well , is reported by Mr. Plowden , as the generall resolution of all the Judges of England , and the Kings learned Counsell , Ruswell the Solicitour , onely except , there I find the said words , Comment . fol. 215. There is in the King not a body naturall alone , nor a body politique alone , but a body naturall and politique together , ●●●pus corporatum in corpore naturali , & corpus naturale in corpore corporato . The like I find in the great case of the Lord Barkeley set downe by the same Reporter , Comment fol. 234. Though there be in the King two bodies , and that those two bodies are conjoyned ; yet are they by no meanes confounded the one by the other . Now then to see the mutuall and reciprocall entercourse , as I may terme it , or influence , or communication of qualities that these bodies have one upon the other . The body politique of the Crowne indueth the naturall person of the King with these perfections . That the King in Law shall never be said to be within age ; that his blood shall never be corrupted ; and that , if he were attainted before , the very assumption of the Crown purgeth it . That the K. shall not take but by matter of Record , although he take in his naturall capacity , as upon a guift in taile . That his body in Law shall be said to be as it were immortall , for there is no death of the King in Law , but a demise as it is tearmed ; with many other the like Priviledges , and differences from other naturall persons too long to rehearse , the rather because the question laboureth not in that part . But on the contrary part , let us see what oporations the Kings naturall person hath upon his Crowne and body politique : Of which the chiefest and greatest is , that it causeth the Crowne to goe by descent , which is a thing strange , and contrary to the course of all Corporations , which evermore take in succession , and not by descent , for no man can shew mee in all the Corporations of England , of what nature soever , vvhether they consist of one person , or of many : or whether they be Temporall or Ecclesiasticall , any one takes to him and his heires , but all to him and his successours ; And therefore here you may see what a weake course that is , to put cases of Bishops and Parsons , and the like , and to apply them to the Crowne . For the King takes to him and his heires in the manner of a naturall body , and the word successours is but superfluous , and where that is used that is ever duly placed after the words heires . The King , his heires and Successours . Againe no man can deny but vxor & filius sunt nomina naturae . A Corporation can have no wife ; nor a Corporation can have no sonne ; how is it then , that it is treason to compasse the death of the Queene , or of the Prince . There is no part of the body politique of the Crovvne in either of them , but it is entirely in the King . So likewise we find in the case of the Lord Barkeley , the question was whether the Statute of 35. H. 8. for that part which concerned Queene Katherine Pars joynture were a publique act or no , of which the Judges ought to take notice , not being pleaded : And judged a publique Act. So the like question came before your Lordship , my Lord Chancellour , in Serjeant . Heales case : whether the Statute of 11. of Ed. 3 concerning the intayling of the Dukedome of Cornewall to the Prince vvere a publique Act or no ; and ruled likewise a publique Act. Why ? no man can affirme , but these be operations of Lavv , proceeding from the dignity of the naturall person of the King : for you shall never find that another Corporation vvhatsoever of a Bishop or Master of a Colledge , or Major of London , vvorketh any thing in Lavv upon the vvife , or sonne of the Bishop or the Major . And to conclude this point and vvithall to come neere to the case in question , I will shew you where the naturall person of the King hath not onely an operation in the case of his wife and children , but likewise in the case of his Subjects , which is the very question in hand : As for example , I put this case , can a Scottishman who is a Subject to the naturall person of the King , and not to the Crowne of England , can a Scottishman , I say , be an enemy by the Lavv to the Subjects of England , or must he not of necessity , if he should invade England , be a Rebell , and no enemy not onely as to the King , but as to the Subject ? Or can any Letters of Marte or reprisall be granted against a Scottishman , that should spoyle an English-mans goods at Sea , and certainly this case doth presse exceeding neere the principall case , for it prooveth plainly , that the naturall person of the King , hath such a communication of qualities with his body politique ; as it makes the Subjects of either Kingdomes stand in another degree of privity one towards the other ; then they did before . And so much for the second proofe . For the five Acts of Parliament which I spoke of which are concluding to this question ? The first of them is , that concerning the banishment of Hugh Spencer in the time of King Ed. 2. In which act there is contained , the charge , and accusation whereupon his exile proceeded . One Article of which charge is set downe in these words . Homage and Oath of the Subject is more by reason of the crowne , then by reason of the person of the King . So that if the King doth not guide himselfe by reason in right of the Crowne , his lieges are bound by their oath to the Crowne to remoove the King . By which act doth plain'y appeare the perilous consequence of this distinction concerning the person of the King , and the Crowne . And yet J doe acknowledge Justice , and ingeruously a great difference betweene that assertion and this , which is now maintained : for it is one thing to make things distinct , another thing to make them separable , Aliud est distinctio , aliud separatio , and therefore J assure my selfe , that those , that now use and urge that diftinction dee as firmely hold , that the subjection to the Kings person , and to the Crowne , are inseparable , though distinct , as I doe . And it is true that the poyson of the opinion , & assertion of Spencer is like the poyson of a Scorpion , more in the taile then in the body : For it is the inference that they make which is , that the King may be deposed or removed , that is , the treason and dislayalty of that opinion : But by you leave the body is never a whit the more wholesome meare , for having such a tayle belonging to it : therefore we see that is Locus lubricus , an opinion from which a man may ea●ly slide into an absurdity . But upon this act of Parliament , I will onely note one circumstance more , and so leave it , which may adde authority unto it in the opinion of the wisest , and that is , that these Spencers , were not ancient nobles or great Patriots that were charged and prosecuted by upstarts and favourites : for then that might be said that it was but the action of some flatterers , who use to extoll the power of Monarches to be infinite , but it was contrary ; a prosecution of those persons being favourites by the Nobility , so as the Nobility themselves which seldome doe subscribe to the opinion of an infinite power of Monarches . Yet even they could not endure , but their blood did rise to heare that opinion : that subjection is owing to the Crowne , rather then to the person of the King . The second Act of Parliament which determined this case , is the act of recognition in the first yeare of his Majestie , wherein you shall find , that in two severall places , the one in the Preamble , the other in the body of the Act , the Parliament doth recognize , that these two Realmes of England and Scotland are under one Imperiall Crowne . The Parliament doth not say under one Monarchie or King which mought referre to the person , but under ono Imperiall Crowne , which cannot be applyed but to the Soveraigne power of Regiment , comprehending both Kingdomes . And the third act of Parliament is the Act made in the fourth yeare of his Majesties Raigne for the abolition of hostile Lawes , wherein your Lordships shall find likewise in two places , that the Parliament doth acknowledge , that there is an union of these two Kingdomes already begun in his Majesties person . So as by the declaration of that act , they have not onely one King , but there is an union in inception in the Kingdomes , themselves . These two are Judgements in Parliament by way of declaration of Law , against which no man can speake . And certainly these are righteous and true Iudgements to be relyed upon ; not onely for the authority of them , but for the verity of them , for to any that shall well , and deeply weigh the effects of Law upon this conjunction , it cannot but appeare , that although partes integrales of the Kingdome ( as the Philosophers speake ) such as the Lawes , the Officers , the Parliament are not yet commixed ; yet neverthelesse there is but one , and the selfe-same fountaine of soveraigne power depending upon the ancient submission , whereof I spake in the beginning , and in that sense , the Crownes and the Kingdomes are truly said to be united . And the force of this truth is such , that a grave and learned Gent. that defended the contrary opinion , did confesse thus farre : That in ancient times when Monarchies ( as he said ) were but heapes of people , without any exact forme of policy , that the Naturalization and communication of Priviledges did follow the person of the Monarch . But otherwise since States were reduced to a more exact forme : So as thus farre we did consent ; but still I differ from him in this , that those more exact formes wrought by time , and custome , and Lawes , are neverthelesse still upon the first foundation , and doe serve onely to perfect and corroborate the force and bond of the first submission , and in no sort to disanullor destroy it . And therefore with these two acts doe J likewise couple the Act of 14. Ed. 3. which hath beene alleadged of the other side . For by collating of that Act with this former too , the truth of that we affirme will the more evidently appeare , according unto the rule of reason : Opposita juxta se posita magis elucescunt . That act of 14. is an act of separation . These two Acts formerly recited are Acts tending to union . This Act is an act that maketh a new Law , it is by the words of grant and establish , these two Acts declare the common law , as it is , being by words of Recognition and Confession . And therefore upon the difference of these lawes you may fubstantially ground this position . That the Common-law of England upon the adjunction of any Kingdome unto the King of England , doth make some degree of union in the Crownes , and Kingdomes themselves : except by a speciall Act of Parliament they be dissevered . Lastly , the 5. Act of Parliament , which I promised is the Act made in the 42. of E. 3. cap. ● . 10. which is expresse decision of the point in question . The words are , Item , ( upon the Petition put into Parliament by the Commons , ) That Infants borne beyond the Seas in the Seignories of Callice , and elsewhere within the lands and Seignories that pertain to our Soveraign Lord the King beyond the Seas , bee as able and inheritable of their heritage in England , as other Infants borne within the Realme of England , it is accorded that the Common-law and the Statute formerly made be holden . Upon this Act , J inferre thus much , first that such as the Petition mentioneth , were naturalized , the practice shewes ; Then , if so , it must be either by Common-law , or Statute ; for so the words report , not by Statute ; for there is no other statute , but 25. of E. 3. and that extends to the case of birth out of the Kings obedience , where the Parents are English , Ergo it was by the Common-law , for that onely remaines . And so by the Declarations of this statute at the Common-law . All Infants borne within the Lands and Seignories ( for I give you the very words againe ) that pertaine to our Soveraigne Lord the King , it is not said , as are the Dominions of England , are as able and inheritable of their heritage in England , as other Infants borne within the Realme of England : what can be more plaine ? And so I leave Statutes , and goe to Presidents ; for though the one doe bind more , yet the other sometimes doth satisfie more . For presidents in the producing & using of that kind of proofe , of all others it behoveth them to be faithfully vouched ; for the suppressing or keeping back of a circumstance may change the case , and therefore J am determined to urge only such presidents , as are without all colour or scruple of exception , or objection , even of those objections which I have , to my thinking fully answered & confuted . This is now , by the Providence of God the fourth time that the line , and Kings of England have had Dominions & Seignories united unto them , as Patrimonies , and by descent of bloud ; foure unions I say there have bin inclusive with this last . The first was of Normandy in the person of William commonly called the Conqueror . The 2d . was of Gascoyne , and Guienne , and Anjou in the person of K. Hen. the 2d . in his person I say , though by severall titles . The 3. was of the Crowne of France , in the person of K. Edw. the third . And the 4th . of the Kingdome of Scotland in his Majesty . Of these I will set aside such , as by any cavillation can be excepted unto . First , J will set aside Normādy , because it will be said , that the difference of countryes accruing by conquest , from countryes annexed by descent in matter of Communication of priviledges holdeth both wayes , as well of the part of the conquering Kingdome , as the conquered . And therfore that although Normandy was not conquest of England , yet England was a conquest of Normandy , and so a communication of priviledges between them . Againe , set aside France , for that it will be said , that although the King had a title in bloud , and by descent , yet that title was executed and recovered by Armes : So as it is a mixt title of conquest & descent , and therefore the President not so cleare . There remaines then Gascoyne & Anjou , and that president , likewise I will reduce and abridge to a time to avoid all question . For it will bee said of them also , that after they were lost and recovered in ore gladii , that the antient title of bloud was extinct & that the King was in upon his new title by conquest , & Mr. Walter had found a book case , in 13. of H. 6. abridged by Mr. Fitz-Herbert , in title of protection , placito 56. where a protection was cast , ●uia profecturus in Gasconiam with the Earlo of Huntingdon , and challenged because it was not a voyage royall , & the Justices thereupon required the sight of the cōmission , which was brought before them , & purported power to pardon Felouies , & treason , power to coyn money , & power to conquer them that resist , wherby M. Walter finding the word conquest , collected that the Kings title at that time was reputed to bee by Conquest , wherein I may not omit to give Obiter that Answer , which Law and Truth provideth , namely that when any King obreyneth by warre a Countrey , whereunto he hath right by Birth , that hee is ever in upon his Antient Right , not upon his purchase by Conquest ; and the Reason is , that there is as well a Judgement and recovery by Warre and Armes , as by law and course of Justice ; for war is a tribunall seat , wherein God giveth the judgment , & the tryall is by battaile , or Duell , as in the case of tryall of private right , and then it followes , that whosoever commeth in by eviction , comes in his remitter : so as there will bee no difference in Countreyes whereof the right commeth by descent , whether the possession be obtained peaceably or by war , but yet neverthelesse , because I will utterly take away all manner of evasion , & subterfuge , I will yet set apart that part of time in and during , the which , the subjects of Gascoyne & Guyenne might bee thought to be subdued by a reconquest . And therefore I will not meddle with the Prior of Shellies case , though it be an excellent case ; because it was in that time , 27. of E. 3. neither will I meddle with any cases , records , or presidents , in the time of King H. 5. or King H. 6. for the same reason , but will hold my selfe to a portion of time , from the first uniting of these Provinces in the time of King H. 2. untill the time of K. Iohn . At what time those Provinces were lost , and from that time againe unto the 17. yeere of the Reigne of K. Edw. 2. at what time the Statute of proerogativa Rogis was made , which altered the law in the point in hand . That both in these times , the Subjects of Gascoyn and Guyenne , and Anjou , were naturalized for inheritance in England by the lawes of England . I shall manifestly prove , and the proofe proceeds , as to the former time ( which is our case ) in a very high degree , a minore ad majus , and as we say , a multo fortiore For if this priviledge of naturalization remained unto them when the Countreyes were lost , and became subjects in possession to another King : much more did they enjoy it , as long as they continued under the Kings subjection . Therefore to open the State of this point . After these Provinces were through the perturbations of the State in the infortunate time ofK. Iohn lost , and severed , the principall persons which did adhere unto the French were attainted of Treason , and their efcheats here in England taken and seized . But the people that could not resist the tempest , when their Heads and Leaders were revolted , continued inheritable to their possessions in England , and reciprocally the people of England inherited and succeeded to their possessions in Gascoyne , and were both accounted , ad fidem utriusque Regis , untill the Statute of Proerogativa Regis , wherein the wisdome and justice of the Law of England is highly to be commended . For of this law , there are two grounds of reason , The one of equity , The other of policy . That of Equity was because the common people were in no fault , but as the Scripture saith in a like case , quid fecerunt oves iftoe ? It was the cowardise and disloyalty of their Governours that deserved punishmēt , butwhat had these sheep done , and therefore to have punish't them , and deprived them of their lands & fortunes had bin unjust . That of policy was , because if the law had forthwith upon the losse of the Countreyes by an accident of time pronounced the people for Aliens , it had been a kind of Cession of their right , and a diselaymer in them , and so a greater difficulty to recover them . And therefore we see the Statute , which altered the law in this point , was made in the time of a weake king , that , as it seemed , despaired ever to recover his right , and therefore thought better to have a little present profit by escheats , then the continuance of his claime , and the countenance of his right by the admitting of them to enjoy their inheritances , as they did before . The State therefore of this point , being thus opened , it resteth to prove our assertion that they were naturalized ; for the clearing whereof , I shall need but to reade the authorities , they be so direct and pregnant . The first is the very text of the Statute of Praerogativa Regis . Rex habebit escaetas de terris Normannorum cujuscunque feodi fuerint , salvo servitio , quod pertinet ad capitales dominos feodi illius , & hoc similiter intelligendum est , si aliqua haereditus descendat alicui nato in partibus transmarinis , & cujus antecefsores fuerunt ad fidem Regis Franciae , ut tempore Regis Iohannis , & non ad fidem Regis Angliae , sicut contigit de Baronia Monumetae , &c. By which Statute it appeares plainly that before the time of King Iohn , there was no colour of any Escheare , because they were the kings Subjects in possession , as Scotland now is , but onely it determines the Law , from that time forward . This Statute if it had in it any obscurity , it is taken away by two lights , the one placed before it , and th'other placed after it , both authors of great credit the 〈◊〉 for antient , th'other for late times . The former is 〈◊〉 in his Cap. de exception 〈…〉 , lib. 5. fol. 427. and his words are these , Est etiam & alia exceptie quae tenenti competitex persona petentis propter defectum Nationis , quae dilatoria est , & nonperimit actionem , ut si qnis alienigena qui fuerit ad fidem Regis Franciae , & actionem instituat versus aliquem qui fuerit ad fidem Regis Angliae , tali nonrespondeatur saltem donec terrae fuerint communes . By these words it appeareth , that after the losse of the Provinces beyond the Seas , the Naturalization of the Subjects of those Provinces was in no sort extinguished , but onely was in suspence during time of warre and no longer ; for he saith plainly , that the exception which we call plea to the person of Alien , was not peremptory but onely dilatory , that is to say , during the time of war , and untill there were peace concluded , which hee tearmes by these words , donec terrae fuerint communes , which though the phrase seeme somewhat obscure is expounded by Bracton himselfe in his fourth booke , fol. 297. to be of peace made and concluded whereby the Inhabitants of England , and those Provinces might enjoy the profits and fruits of their lands in either place communiter , that is respectively , or as well the one as th'other : so as it is cleere , they were no Aliens in right , but onely interrupted and debarred of Suites in the Kings Courts in time of Warre . The authority after the Statute , is , that of Master Stamfords , the best Expositor of a statute that hath bin in our law , a man of reverend judgment , & excellent order in his writings , his words are in his expositiō upon the branch of that statute which we read before . By this branch it should appeare , that at this time men of Normandy , Gascoyne , Guienne , Anjou , and Brittaine were inheritable within this Realme , aswell as English-men , because that they were sometimes Subjects to the Kings of England and under their Dominion , untill K. Johns time , as is aforesaid , & yet after his time , those men ( saving such whose lands were taken away for treason ) were still inheritable within this Realme , till the making of this Statute , and in the time of peace betweene the two Kings of England , and France , they were answerable within this Realme , if they had brought any action for their Lands and Tenements . So as by these three authorities , every one so plainly pursuing th'other , we conclude that the subjects of Gascoyne , Guienne , Anjou , and the rest from their first union by descent , untill the making of the Statute , of praerogativa Regis , were inheritable in England , and to be answered in the Kings Courts in all actions , except it were in time of warre . Nay more ( which is de abundante ) that when the Provinces were lost , and disannexed , and that the King was but King de jure over them , and not de facto : Yet neverthelesse , the priviledge of naturalization continued . There resteth yet one objection , rather plausible to a popular understanding , then any waies forcible in law , or learning , which is a difference taken between the Kingdome of Scotland , and these Dutchies , for that the one is a Kingdome , and th'other was not so , and therefore that those Provinces being of an inferiour nature , did acknowledge our Lawes , and Seales , and Parliament which the Kingdome of Scotland doth not . This difference was well given over by Mr. Walter , for it is plaine , that a Kingdome and absolute Dukedome , or any other Soveraigne estate doe differ honore , and not potestate ; For divers Dutchies , and Countries that are now , were sometimes Kingdomes ; and divers kingdomes that are now , were sometimes Dutchies , or of other inferiour Style , wherein we neede not travaile abroad since we have in our owne state so notorious an instance of the Countrey of Ireland , whereof King H. 8. of late time was the first that writ himselfe King the former Style being L. of Ireland and no more , and yet Kings had the same authority before , that they have had since and the same Nation the same marks of a Soveraigne State , as their Parliaments , their Armes , their Coynes , as they now have , so as this is too superficiall an allegation labour upon . And if any doe conceive , that Gascoyne and Guyenne were governed by the Lawes of England . First , that cannot be in reason , for it is a true ground , that wheresoever any Princes Title unto any Countrey is by Law , he can never change the Lawes , for that they create his Title : and therefore no doubt those Dutchies retained their owne Lawes , which if they did , then they could not be subject to the Lawes of England And next againe the fact or practize was otherwise , as appeareth by all consent of Story and Record : For those Dutchies continued governed by the Civill Law , their tryalls by witresses and not by Jurie , their lands Testamentary , and the like . Now for the colours , that some have endeavoured to give , that they should have beene subordinate to the government of England , they were partly weake , and partly such as make strongly against them , for as to that , that writs of Habeas corpus under the great Seale of England have gone to Gascoyne , it is no manner of proofe , for that the Kings writs which are mendatory and not writs of ordinary Justice may goe to his Subjects into any forraine parts whatsoever , and under what Seale it pleaseth him to use ; and as to that , that some Acts of Parliament have beene cited , wherein the Parliaments of England have taken upon them to order matters of Gascoyne , if those Statutes be well looked into , nothing doth more plainly convince the contrary , for they intermeddle with nothing but that that concerneth either the English Subjects personally , or the territories of England locally , and never the Subjects of Gascoyne , for looke upon the Statute of 27. of Ed. 3. ca. 5. there it is said , That there shall be no fore-stasting of Wines , but by whom ? onely by English Merchants , not a word of the Subjects of Gascoyne , and yet no doubt they mighr be offenders in the same kind . So in the sixt Chapter it is said , That all Marchants , Gascoyoes may safely bring Wines into what part it shall please them , here now are the persons of Gascoynes , but then the place whether● into the Realme of England , and in the 7. Chap. that erects the Ports of Burdeaux and Bayonne , for the staple Townes of wine , the Statute Ordaines that if any , but who ? English Marchant or his Servants shall buy or bargaine other where , his body shall be arrested by the Steward of Gascoyne , or the Constable of Burdeaux : true , for the Officers of England could not catch him in Gascoyne , but what shall become of him , shall he be proceeded with within Gascoyne ? No , but he shall be sent over into England into the Tower of London . And this doth notably disclose the reason of that custome , which some have sought to wrest the other way , that custome , I say , whereof a forme doth yet remaine , that in every Parliament the King doth appoint certaine Committees in the Upper-House to receive the Petitions of Normandy , Guyenne and the rest , which as by the former Statute doth appeare could not be for the ordering of the governments there , but for the liberties , and good usage of the Subjects of those parts , when they came hither , or via versa , for the restraining of the abuses and misdemeanors of our Subjects when they went thither . Wherefore I am now at an end . For us to speake of the mischiefes , I hold it not fit for this place , left we should seeme to bend the Lawes to policy and not to take them in their true and naturall sense . It is enough that every man knowes , that it is true of these two Kingdomes , which a good Father said of the Churches of Christ : Si inseparabiles insuperabiles . Some things I may have forgot , and some things perhaps I may forget willingly ; for I will not presse any opinion or declaration of late time which may prejudice the liberty of this debate , but ex dictis , & ex non dictis , upon the whole matter I prove Judgement for the Plaintiffe . 
A75556	----	An honourable speech made in the Parlament of Scotland by the Earle of Argile (being now competitor with Earle Morton for the chancellorship) the thirtieth of September 1641. Touching the prevention of nationall dissention, and perpetuating the happie peace and union betwixt the two kingdomes, by the frequent holding of Parlaments. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A75556 of text R11252 in the English Short Title Catalog (Thomason E199_17). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A75556 Wing A3654 Thomason E199_17 ESTC R11252 99858967 99858967 111028 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75556) Transcribed from: (Early English Books Online ; image set 111028) Images scanned from microfilm: (Thomason Tracts ; 35:E199[17]) An honourable speech made in the Parlament of Scotland by the Earle of Argile (being now competitor with Earle Morton for the chancellorship) the thirtieth of September 1641. Touching the prevention of nationall dissention, and perpetuating the happie peace and union betwixt the two kingdomes, by the frequent holding of Parlaments. Argyll, Archibald Campbell, Marquis of, 1598-1661. Scotland. Parliament. House of Lords. [2], 4, [2] p. Printed by A.N. for I.M. at the George in Fleetstreet, London : Anno 1641. The last leaf is blank. Printers' device on title page (McK. 251). Reproduction of the original in the British Library. eng Speeches, addresses, etc., English -- Early works to 1800. Scotland -- Politics and government -- 1625-1649 -- Early works to 1800. Great Britain -- Politics and government -- 1625-1649 -- Early works to 1800. A75556 R11252 (Thomason E199_17). civilwar no An honourable speech made in the Parlament of Scotland by the Earle of Argile (being now competitor with Earle Morton for the chancellorship Argyll, Archibald Campbell, Marquis of 1641 861 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-03 TCP Assigned for keying and markup 2007-03 Apex CoVantage Keyed and coded from ProQuest page images 2007-04 Jonathan Blaney Sampled and proofread 2007-04 Jonathan Blaney Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AN HONOURABLE SPEECH Made in the Parlament of Scotland by the Earle of ARGILE ( being now Competitor with Earle MORTON for the Chancellorship ) the Thirtieth of SEPTEMBER 1641. Touching the prevention of Nationall dissention , and perpetuating the happie Peace and Union betwixt the two Kingdomes , by the frequent holding of PARLAMENTS . LONDON Printed by A. N. for I. M. at the George in FLEETSTREET , Anno 1641. MY LORDS , WHat was more to bee wished on earth then the great happinesse this day wee enjoy , viz. To see his Royall Majesty our Native Sovereign and his loyall Subjects of both his Kingdomes so really united , That his Majesty is piously pleased to grant unto us his Subjects our lawfull demands concerning Religion and Liberties , and we his Subjects of both Nations cheerfully rendring to his Majesty that dutie , affection , and assistance , which he hath just cause to expect from good people , and each Nation concurring in brotherly amitie , unity , and concord , one towards the other . Oh , what tongue is able to expresse the honour and praise due to that great and good God , who in these late Commotions suffered not the counsels of either Kingdome to despaire of the safetie of either Common-wealth , but through his blessing to their painfull and prudent endevours hath wrought such an happinesse for us , That now after the great toyle and trouble which we have on both sides so long endured , wee may each man with his wife , children , and friends , under his own Vine and Fig-tree ( and all under his Majesties protection ) refresh himselfe , with the sweet fruits of peace , which I beseech the Lord of peace to make perpetuall to both Nations . And to that end my earnest desires are , that all our best studies and endeavours may bee employed ( for some time ) in contriving and establishing such wholsome Laws in both Kingdomes whereby ( as much as in us lyes ) the opportunity and occasion of producing the like calamities as lately threatned both Nations may for the future be prevented , if in any age hereafter such Miscreants shall goe againe to attempt it . It is ( my Lords ) notorious , that the late Incendiaries that occasioned the great differences betwixt his Majesty and his Subjects took much advantage & courage by the too long intermission of the happy constitution of Parliaments , In the vacancie of which they by false informations incensed his Majesty against his loyall Subjects , and by their wily insinuations extorted from his Highnesse Proclamations for to yield obedience to their innovations in the Kirke , and Patents for Projects , whereby the poore Subject was both polled and oppressed in his estate , and enthralled in his conscience : and thus by their wicked practices , his Majestie was distasted , and his Subjects generally discontented , in so much , that had not the great mercy of God prevented them , they had made an Obstruction betwixt his Majestie and his liege people , and had broken those mutuall and indissoluble bonds of protection and allegiance , whereby , I hope , his Royall Majestie , and his loyall and dutifull Subjects of all his three Kingdomes , will be ever bound together . To which let all good Subjects say Amen . My Lords , the distaste of his Majesty , nor discontents of his Subjects , could never have come to that height they did ( nor consequently have produced such effects ) had not there bin such an interposition , by these Innovators and Projectors , betwixt his Majestie our glorious Sun , and us his loyall Subjects , that his goodnesse appeared not ( for the time ) to us , nor our loyaltie and obedience to him . For no sooner was that happy Constellation ( the Parliament in England ) raised , and thereby those vaporous clouds dissipated , but his Majesties goodnesse , his good Subjects loyalty , and their treachery , evidently appeared . Our Brethren of England ( my Lords ) finding the intermission of Parlaments to be prejudiciall and dangerous to the State , have taken care , and made provision for the frequent holding of them : whose prudent example My Motion is may be our pattern forthwith to obtaine his Majesties Royall assent , for doing the like here in this Kingdome . By which meanes his Majesty may in due time heare and redresse the grievances of his Subjects , and his Subjects ( as neede shall require ) chearefully aid and assist his Majesty , And nor only the domestique peace and quiet of each Kingdome bee preserved , But likewise all Nationall differences ( if any happen ) may be by the wisdome of the Assemblies of both Kingdomes , from time to time composed and reconciled to the perpetuating of the happie peace and union betwixt both Nations . FINIS . 
A69769	----	An historical relation of the late General Assembly held at Edinburgh from Octob. 16, to Nov. 13 in the year 1690 in a letter from a person in Edinburgh to his friend in London. Cockburn, John, 1652-1729. 1691 Approx. 207 KB of XML-encoded text transcribed from 41 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A69769 Wing C4809 ESTC R5062 12499874 ocm 12499874 62662 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A69769) Transcribed from: (Early English Books Online ; image set 62662) Images scanned from microfilm: (Early English books, 1641-1700 ; 310:6 or 348:6) An historical relation of the late General Assembly held at Edinburgh from Octob. 16, to Nov. 13 in the year 1690 in a letter from a person in Edinburgh to his friend in London. Cockburn, John, 1652-1729. [2], 78 p. Printed for J. Hindmarsh ..., London : 1691. Attributed to John Cockburn. Cf. NUC pre-1956. "Licensed April the 20th, 1691" Reproduction of original in Huntington Library. "A proclamation anent a solemn national fast and humiliation": p. 78. Imperfect: p. 65-68 are lacking on reel 348. Includes bibliographical references. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church and state -- Scotland -- History -- 17th century -- Sources. Scotland -- Church history -- 17th century -- Sources. 2007-03 TCP Assigned for keying and markup 2007-03 Aptara Keyed and coded from ProQuest page images 2008-09 John Latta Sampled and proofread 2008-09 John Latta Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion AN HISTORICAL RELATION Of the Late General Assembly , Held at EDINBURGH , From Octob. 16. to Nov. 13. In the Year 1690. IN A LETTER From a PERSON in EDINBURGH , To his Friend in LONDON . LICENSED April the 20th . 1691. LONDON , Printed for J. Hindmarsh , at the Golden-Ball in Cornhill , near the Royal-Exchange . MDCXCI . A LETTER FROM EDINBVRGH . TO ONE in LONDON , &c. SIR , I Received yours , and do not think it strange , that those of England are so desirous to know the Acts and Proceedings of our General Assembly in Scotland ; for not only Curiosity but Interest may prompt them thereto : I will readily serve you in this Matter , and intended , though you had not required it , to have given you an Account of it , that you might have Occasion of gratifying your worthy Friends and Acquaintance . It 's true , I was not Eye-Witness of what past ; for you know my Circumstances would not allow that ; and the Brethren ( as they call themselves ) endeavoured to keep out all that were not of their own party , or who might tell Tales ; forbidding the Keepers of the door to admit any without a leaden Ticket in the shape of a Heart , which was the Pass given them , which was not so easily obtain'd , except for their particular Friends ; and if any of the Episcopal Party were discovered , there was a Cry presently , Conformists are here ; and the Officers were sent to thrust them out . However notwithstanding of this strictness , there were always two or three discreet and intelligent Persons of my Acquaintance present at every Session , from whom I have what I write to you . And I assure you that you may trust the Ingenuity and Faithfulness of the Relation . But before I come to the Assembly it self , there be some things previous to it which you ought to be informed of ▪ A General Assembly in Scotland ( you know ) is much of the same Nature with the Convocation in England , or a National Council ; and of no less Authority here : Nay , our Presbyterians exalt the Authority of their Assemblies aboue that of King or Parliament ; and there be some standing Acts of their Assemblies against Acts of Parliament , and which discharge Obedience to them : Whereupon our Presbyterians being not content with what the Parliament had done for them , nor thinking their Authority sufficient for setting up their Government ; they required a General Assembly , by whose Authority ( which with them is supreme , and next to that of Jesus Christ ) their Government might be firmly established , and all their Actings and Proceedings ratified and approved by it . Yet they knew that a free Assembly of the Clergy and Laity throughout the Kingdom would rather defeat than advance their Designs ; therefore they consider'd how they might prevent that by some Method , which would exclude all who were not well affected to their Interest , or zealous for the Good Old Cause . In order hereunto they prevailed with the Parliament , to lodge the whole Government and Management of Church Affairs in the hands of those few Old Preachers who went off when Episcopacy was reestablished An. 1661. and such as should be admitted and approved by them . When these Ministers off the Episcopal Perswasion who had complied with the present Civil Government heard this , they thought themselves injured , and therefore addressed to the Parliament to be admitted to a share of the Government , or at least not to be absolutely subjected to them , who were their stated and professed Enemies . This they claimed as due to them , not only upon the account of their being Lawful Ministers of the Gospel , but also upon the account of the publick Faith , which promised them Protection upon their compliance with the Civil Government : Notwithstanding which , their Petition was disdainfully rejected , and the Act continued as before , in favour only of the above-mentioned Presbyterian Preachers . By which means all the present Episcopal Clergy and such of the Laity as favoured their Interest , and had complyed with them , were rendred incapable of bearing any Office in the Kirk , and of Sitting and Voting in their Meetings . This the Episcopal Party justly complained of , and said ; That though Episcopacy was abolished merely upon an unjust and false Pretence , that that Government exercised Tyranny over the Church , yet now a real Presbyterian Tyranny was established , that instead of Fourteen Bishops Sixty were set up , who would Lord it over their Brethren more imperiously than they either did or pretended to do ; and that Presbyters were subjected to them who own'd themselves to be no more than Presbyters , which had no Precedent in the Catholick Church , but also they who could not be denyed to be Lawful Ministers were excluded from any share of the Discipline and Government of the Church ; which was contrary to the very Principles and Tenets of the Presbyterians themselves ; who make every private Minister to be invested with the Authority of ruling as well as of teaching ; and who affirm it unlawful for any Minister to part with that Right ; and who therefore were wont to exclaim against Bishops , because they seemed to usurp it wholly to themselves . All the Excuse made for this was , That they could no otherwise make their Government sure , and that the Episcopal Party deserved to be thus treated for their Apostacy , in betraying and renouncing the true Rights and Interests of the Church by complying with Episcopacy . Hence it was inferr'd that Presbyterians do juggle both with God and Man : For whereas they would have the World believe , that their Model of Government and Forms of Discipline are so much of Divine Right that they can submit to no Terms of Composition with Men about them ; so when it makes for their Interest , they can without any scruple introduce essential Alterations thereof : For Parity ( which they make the Institution of Christ ) was now taken away , and out of the pretended exigence of the Church nine hundred Ministers were suspended from one half of that Power given them by Christ , which at other times is said to be so essential to them that they cannot be Ministers of the Gospel without it . Shortly after the passing that Act of Parliament , for setting up the Presbyterian Government , and committing the Care and Management thereof to these few surviving Presbyterian Ministers , who had not complied with Episcopacy ; there was a Meeting at Edinburgh of Presbyterian Ministers and Lay-Elders to advise about the Affairs of the Kirk , and to lay down Methods how a General Assembly should be call'd and constituted ; because ( as I have observed ) one could not be had according to their minds , after the old manner and standing Rules of General Assemblies . By Virtue of the Act of Parliament , none had the Right to meddle with the Government and Affairs of the Church but such Ministers as had been removed by the restoration of Episcopacy ; and certainly these men were greatly overseen when they parted with that Privilege , and admitted others to share with them before they had setled the Church according to their minds : For by these means they were overpower'd and outvoted , and forced to yield to other things than what they first intended ; but they were not sensible of this their Errour till it was past remedy . First , the remnant of the Remonstrator Party , who had been actually deposed in the time of Presbytery , and some of them for scandalous and gross Crimes , came to sit in this Meeting ; they were very active and useful , and therefore it was thought fit to receive them ; but some being sensible of the Irregularity of admitting Persons lying under the sentence of Deposition by their own Kirk , it was therefore moved that the Sentence of Deposition might be first taken off : But the Debate was laid aside and supprest , because these men urg'd and pressed that their Sentence of Deposition might be declared void and null , being done Clave errante , by a Factious party ; wherewith some of the old Publick Resolutioners were pricked , and therefore proceeded to defend themselves , and particularly one Mr. Alexander Pitcarne protested against their Proceedings , and threatned to print his Protestation , and to declare their Meeting unlawful , while such incapacitated Members were allowed to sit in it : But such early Heats being unseasonable and prejudicial , they prevail'd with him to take up his Protestation and to forbear the Publishing it . Into this Assembly also were received all these younger Brethren , who had been admitted to the Ministry clandestinely in the time of the last Reign , or avowedly and openly since the receiving their Indulgence from King James . These were hurried on with more Fierceness and Zeal than the former , who indeed wanted not sincerity and concernment enough for the Cause . — Gelidus tardante Senectâ Sanguis hebet , frigentque effoetae in corpore Vires . The Old Men thought that they ought to rule , and bear the greatest Sway because of their Age and Experience , and that the Act of Parliament was especially in their favours ; but the younger Brethren would not be impos'd upon , seeing Parity was the Constitution of their Government . And it was said that one Mr. Webster told Mr. Gilbert Rule very bluntly , that tho he was a younger Man he merited more than he , having taken the Ministry upon him in the time of Persecution , when no temporal * Interest did encourage him to it ; whereas the other entred into it in the time of Peace , and deserted it in time of Trouble . Mr. Gabriel Cunningham was chosen Moderator of this Meeting , which was extraordinary as to its Nature , neither was there a proper Name for it ; For it was neither Session , Presbytery , Provincial , nor Diocesan Synod , nor General Assembly , nor Commission of the Kirk , which are all the Church Judicatures ever have been since the Reformation ; but ever since it bears the Name of the General Meeting . Here they appointed Ministers for the several Corners of the Country , divided them into Presbyteries , prescrib'd the Rules of trying Episcopal Ministers , and ordained that where the Presbytery consisted but of four or fewer , the next Presbytery should be joyned to it , which yet in many places made not a competent number for so weighty a business , as the examining and censuring Ministers for their Doctrine and Manner : For the two Presbyteries of Hidingtoun and Dumbar , where ( you know ) there be near thirty Parishes , consisted but of five Presbyterian Ministers . There was the like number in the Presbyteries of Dunse and Churnside , where there were about as many Parishes . In the Presbytery of Aughterarder there was but one Presbiterian Minister , and when the next was joyn'd to it , they made but three ; so that when it was debated in the Assembly , whether one of them , to wit Mr. William Spence ( of whom you will hear more afterward ) should go for Angus ; they pleaded against his going , because that without him they could not have a Quorum in the Country where he then lived ; and at the same time Sir Colin Campbell and Ardbruchill stood up and said , in the face of the Assembly , that for twenty Miles Westward of Perth , there were but two or three Ministers , meaning these of the Presbyterian Perswasion , which shews how little agreeable either their Persons or Government are to the People . Here also they laid down the Method and Manner of constit uting the next Assembly , which was to sit in October , viz. That where a Presbytery consisted of eight Ministers , they should send four Ministers and three ruling Elders to the Assembly ; where they were under eight and above four , three Ministers and two ruling Elders ; four should send two Ministers and one ruling Elder ; and where there was but one , that one and a ruling Elder should come : By which you see that the old Method of constituting General Assemblies was quite alter'd , and that as many Parts of the Kingdom were not allowed Representatives in that Assembly , so others were not represented equally , nor could they bear a sutable Proportion therein ; but the smalness of their number was admitted as a defence for this Irregularity . At this Meeting they appointed a General Fast before the sitting down of the Assembly , to be kept on Sunday the 5th . of October , which was the third Fast had been observed on Sundays within the space of a Year , which is neither agreeable to the Nature of the day , nor the Practice of the Primitive Times ; but our Presbyterians are above these things ; they have more regard to the Practice of their own Predecessors , than either to Reason or Antiquity ; and you know it was the Custom of the old Presbyterians to keep all their Fasts on the Lords day : At this time also we had another instance , whereby they shewed themselves the true Sons of their Fathers , who did not confine themselves to Matters purely Ecclesiastical , but who also were always catching ▪ at the Power of the Magistrate ; whose Priviledg it is in this Kingdom to license Books , and in their Licences to grant the Monopoly of them : This Privilege was assumed by the General Meeting ; For they order'd an old Treatise of ruling Elders to be reprinted by the Heirs of Andrew ▪ Anderson , and discharged any other to meddle therewith ; This is the Form of their Licence word for word . The General Meeting of Ministers and Elders of this Church have appointed this Treatise of Ruling Elders and Deacons to be Printed by the Heirs of Andrew Anderson and none other . Extracted by JOHN SPALDING , Clerk. This was a small Beginning , however the Privy Council thought fit to take notice thereof , and to give a check to these Encroachments on the Civil Power , and therefore order'd the Copies to be call'd in , and the Licence to be torn away ; so that after the first day all the Copies were sold without the Imprimatur ; and two Friends of mine ( who otherwise cared not for the Book ) were forced to pay a triple rate for one with the forementioned Licence , which was a new Proof of the Presbyterian Usurpation . After the Meeting the Brethren went home , and fell to their work with all their might , according to the Instructions given them in their General Meeting . It was expected that they would first have planted the Churches made vacant by the Council and the Rabble , which were more than could be supplied by all the Ministers of that Perswasion : But they were not so zealous to plant , as to pluck up what was already planted ; they would not begin to build , until what was already built was overthrown to the Ground . More than a third part of the Churches in the Kingdom wanted Ministers , and the most of them for more than a Year . But as if that was only a small matter , it was overlooked ; and all Pains and Care laid out in emptying these Churches where the Episcopal Ministers continued to preach . Their beloved West was destitute of Ministers , the Churches there and in Galloway were almost all shut up . So that when the Assembly met , two Ministers declared before them , that where they liv'd there was not so much as the face of a Church , there being no Ministers but themselves and one other : Yet none were sent thither , but they shew'd greater Inclination to seat themselves in the Lothians and South , which is indeed a better Country , but where there was less room for them , and where they were not so acceptable to the People . Many were indeed astonished at this , nor could they either justify it , or well understand the Politick thereof . Strange ! there were already more Churches vacant , than there were Presbyterian Ministers to put in them , and yet so many more were aimed at , and coveted . It was sad and lamentable to see so many desolate Congregations in all parts of the Land , such Multitudes of People without the Gospel , and without the direction of Pastors , and yet they would endeavour to deprive them of this Blessing , who by the good Providence of God had it still continued with them . However they did this either to force the People to joyn with them when none other could be had , or being conscious of their own Ignorance and Inability , they thought it neither fit , nor their Interest to tolerate them who were more judicious , and who would accustom the People to Sense and solid Discourses , which held forth the true Nature and Design of the Gospel , and which armed People against sanatical Delusions . When some were ask'd why they studied to cast out all the Episcopal Clergy , seeing they could not yet supply their Churches , and why they would preach in a Meeting-house , where there was an Episcopal Minister unblameable in his Life and Doctrine , and draw the people from him , rather than go to another Parish which wanted a Pastor altogether . It was answered , That there was less prejudice both to Church and People by the want of Preaching , than by the Preaching of Men of Episcopal Principles and Persuasions : And Mr. Frazer of Bray said in a Sermon before the Parliament , That it was better that the Temple of the Lord , did lie sometime unbuilt and unrepair'd , than be rear'd up by Gibeonites and Samaritans . But to return , Nothing came before the Presbyteries , except Citations and Libels against Episcopal Ministers , and to make the greater dispatch , they sat every Week . The Presbyteries were a perfect Inquisition , who sent out Spies to inform them not only of the publick Sermons and open Practices of the Episcopal Clergy , but also what they spoke and did in private ; Neither did they search only into their present behaviour , but also they made enquiry into the former Actions of their Lives , and if they upon diligent search made any discovery of any little Blemish or Failure , though before forgotten , it was made a part of their Indictment . Mr. C. an old Man of eighty years at Lady-Kirk , was libell'd among other things for Drunkenness , alledging an instance fifteen or sixteen Years ago , who as he prov'd the alledg'd Instance to be false , so he said very well , that seeing a latter Instance could not be produc'd , it did appear , that he was neither scandalously Drunken , nor guilty of the Habit thereof . There was a form'd Design of disgracing the Episcopal Clergy , and of rendring them infamous for Immorality ; but it will be much for their advantage , that after earnest desires and endeavours to blacken them , there was little or nothing made out against them ; When any real Scandals were found , they were loudly talked of , and publickly proclaim'd , and laid to the charge of the whole Party , as if it were a matter extraordinary to find some unworthy persons among nine hundred or a thousand : The least defects of Behaviour were heightened and aggravated as if they had been gross Crimes , and what was no fault was made one by a perverse and sinister Interpretation and uncharitable Construction . When more heinous Crimes were wanting , the Libels were stuff'd and swell'd with Articles , which of themselves amounted to nothing ; but accumulated together , were by them look'd upon and sustained as amounting to a great guilt . And when nothing could be devised against the Minister himself , he was accused for his Elders and Parishioners , if they could be tax'd for any real or apparent Crimes ; For then it was said , that he prophaned the Holy Ordinance of the Lords Supper , because he was assisted by such Elders , in the Administration of it ; and that he admitted such persons , whereas yet neihter the one nor the other were under Church Censure or legal Conviction . The Libels were generally so frivolous and impertinent that they ought to have been rejected with Scorn ; but whatever was offered by the Bygots was admitted , and all care and caution us'd not to discourage them . The great Scandals of Mr. Couper and Mr. Graham Ministers at Dumfermline were the admitting Persons promiscuously to the Sacrament ; the profaning the Lords Day in suffering people to bring in Kail , and fan Barly for the Pot that day ; and by allowing their Children to play with others , though they were very much under that age , which even in the opinion of Jewish Doctors was obliged to the strict observation of the Sabbaoth . Another Minister was design'd to be libelled for plucking a few Pease on Sunday ; but that being so parallel to the case of the Disciples , which our Saviour defended , it was not permitted to be made use of . One was accused because he sometimes Whistled ; And another because one time playing at Bowls , he broke an innocent Jest , which none could have construed Prophane , but they who were impure . If any had at any time publickly or privately express'd any Zeal for Episcopacy , or reflected on the Covenant , and the Principles and Practices of the Presbyterians , who now always assume the names of the Godly , and the peculiar people of God , or if it could have been alledged , that they had any ways , tho never so indirectly , or even in obedience to the Magistrate , been the occasion of any trouble or uneasiness to them , this was never omitted ; but was sure to be made a main Article of their Libel . Thus Mr. Crawford ( the old Gentleman mentioned before ) was accused for calling the Covenant a Band of Rebellion . Mr. Heriot , Minister at Dalkeith was libelled , as calling Monmouth and Argyle Rebels and Traitors , because he read the Proclamation set forth against them , and which was appointed to be read in Churches * by the King and Council . And a certain Great Man was so picqu'd at him upon this account , that he would neither hear his Defences against the other Articles of the Libel , nor yet interpose his Authority ( which was then the highest in the State ) for keeping him in the Exercise of his Ministry , though it was desired by the Generality , and the best of his Parish . Mr. Wood of Dumbar was charged in his Libel with Cruelty , and a persecuting Spirit , because he persuaded a Friend of his to put away a Servant who would not keep the Church , and thereby made both her self and her Mistress liable to the Law : He was also accused for saying to one who exprest his fears , as if the Liturgy of the Church of England would be introduced among them , God send us no worse ; and that he had never exprest his thankfulness to God , for the deliverance of the Land from Popery and Prelacy . To the first he reply'd , That he was indeed sorry if any such Expression had dropt from him , because he was sensible it was too mean for so great and so glorious a Church as that of England : To the other he said , That he thanked God heartily for any deliverance that the Land had from Popery , but he could not do so for the overthrow of Prelacy , unless he either acted the Hypocrite , or was convinced that Presbytery was the greater Blessing , and the more Ancient and Apostolical Government ; which he never yet saw made out . Mr. Graham ( whom I mentioned before ) had in his Libel imputed to him , the taking the Oaths of Allegiance and Canonical Obedience , which , they said , shewed him incorrigibly Episcopal . Mr. Couper had added to his Libel his taking the Oath of the Test . Mr. Johnstone of Salin was accused for being too much affected to the Episcopal Government , and for recommending superstitious and erroneous Books to the people , as they were pleas'd to call the Whole Duty Man , which was expresly mentioned . Another Mr. Johnstone Minister of Burnt Island was libell'd , for conversing with some persons whom they alledg'd to be no Friends to the Government either of Church , or State ; and for using the Doxology , &c. which , &c. could only refer to the Creed and Lords Prayer . The Minister of Abbots-Hall was accused for neglecting the Catechism of the Westminster Divines , and using that which was first set forth by the Synod of Edinburgh , and afterwards enlarged by the Reverend and pious Bishop Scowgal : The Catechism ( I must tell you ) is as well as the Whole Duty of Man much spoken against , and severely condemn'd as erroneous ; but what are the particular Errours of it which make it so dangerous , I could never learn , nor do I believe you could guess them , except they were told you . By these Instances you may understand the Nature of our Presbyterian Libels ; I forbear to give you more , because I suppose there will be a Collection of them published : But you must know that they would never give any of the Episcopal Clergy the title of Minister , but only that of Incumbent . Mr. Graham complain'd of this , and demanded a Reason , who was told by way of Answer by one that preach'd at Innerkeithing that there were no true Ministers but Presbyterian Ministers ; And as they denied them the Title of Ministers ; so to take away their right to their respective Parishes , one Article of their Libel was , Their entring by Presentation from a Patron , and by Ordination , Collation , and Institution of the Bishop , contrary to the Word of God ; The Constitution of this Church , Acts of Assemblies , and the Lands solemn Engagements . When the leading Men of that Party were upbraided for making Episcopal Ordination a ground of a Libel ; They excus'd themselves and laid the blame of it upon the people ; but in this they shewed their Hypocrisie and deceitful Dealing . For it was well known that the Presbyterian Ministers were always consulted in the forming of the Libels , and many of them were drawn up by themselves , and that all them were every where of the same strain , which makes it evident that it was a concerted business among them , to beget in the peoples minds an aversion to Episcopal Ministers , as not true Ministers , nor entring in at the right door ; though they were also careful to foist in some other thing to excuse their Censures with the more judicious , who could not be so easily deluded and imposed upon . As the Articles of the Libels were for the most part frivolous and impertinent , so the manner of their process was neither legal nor reasonable ; for seldom did they let the Minister accused know his Accuser , and so he might have been made a Witness against him , which is contrary to the Laws of all Nations : Beside , they always received the Libel , and sustained the validity of it , before he was heard , and not regarding what Defences might be opponed , caused him to be cited to hear and see himself deposed : Nor was he suffered to be present at the examination of the Witnesses ; but in many places , if not every-where , the Witnesses were allowed to be present all together , when they gave in their Evidence : By the Civil and Canon Law , and the reasonable practise of all Nations , they who bear Hatred , Malice , or have discovered any Prejudice against the accused , cannot witness in Judgment against him ; but this was wholly neglected and past by , and the most avowed , profest , and open Enemies received as Witnesses , and such also allowed to sit as Judges . Thus Mr. Calderwood a profest , and bitter Enemy of Mr. Heriot Minister of Dalkeith , who was the chief if not the only Informer against him , sat and judged him in the Presbytery in the quality of a Ruling Elder ; And when the said Mr. Heriot desired that he might be removed , it was utterly refused him . So when Mr. George Purves Minister at Glencorse appeared before the same Presbytery at Dalkeith , he objected against some of the Witnesses as carrying Heart-Malice and ill Will towards him ; they having sometime before assaulted him in the Pulpit with Swords and Staves , and taking him by the Throat , had gone near to have strangled him , if he had not got present Relief ; therefore ( said he ) they ought not to be allowed as Witnesses against me , for they that did so , what will they not do to procure my ruin ? Upon which the very Reverend and Worthy Matthew Selkirk , who is now setled Minister at Crighton , rose up and spoke to the Moderator ; That if these Men had done so out of Malice and personal Prejudice , they ought not to be received as Witnesses ; but if they had done it for the Glory of God , he saw no reason why they might not be admitted . If one part of the Deposition seemed to prove the Libel , or any Article of it , though the other did exculpate the Minister or extenuate his fault , the first was marked , and the other left out ; So I was told of one who is since dead , who was accused for saying ▪ that Women wanted Souls ; The Witness declar'd he had heard him say so , but that he only deliver'd as the Opinion of another , and yet upon this the Article was look'd upon as proved : When the Witnesses cleared the Minister or asserted his Innocence , they were dismiss'd as knowing nothing of the Matter ; but such were greatly encouraged and cherished as shewed themselves earnest and forward to divest him of the Character of a faithful , pious and upright Pastor : And when they passed the Sentence of Suspension or Deposition against any , at the intimation of it , from the Pulpit in his own Church , the whole Libel was read , though several of the Articles were so frivolous and trivial as not censurable by Law , and others of them that contained Matter of Scandal were no way proved . As for the Episcopal Clergy , some of them disown'd their Authority , and would not appear ; Others appeared , and gave in their Defences ; and some perceiving the Partiality of the particular Presbyteries appeal'd to the next General Assembly , hoping to meet with greater Moderation there , or at least that before that time the Civil Government would put a stop to these rigid and unreasonable proceedings . Thus matters went till the sitting of the Assembly , and by these proceedings the Presbyterians not only encreas'd the prejudices of those who differed from them , but they also disgusted many of their Friends . The Presbyterians you know were much inferiour to the Episcopal Party in number , quality , learning or good Sense ; and I assure you , that now they have lost much even of that Interest which they had in this Nation , many who thought well of them while they were kept under , are now ashamed of them , and have deserted them : I am told that many ( even in the West ) abominate them : It is most certain that in other places of the Kingdom , they are fear'd and dreaded as a Plague to Mankind , just as the Jesuits are . When the time of the Assembly drew near , the several Presbyteries set about the chusing Commissioners for it , and things were so laid , that the most bigotted and hot-headed were generally chosen , and those of a more moderate Temper put by . If there had been any respect to the qualifications of Men , none in that part of the Country he lived in would have been preferr'd to Honest Dr. Hardy ; but because heretofore he had kept correspondence with the Episcopal Party , and still prest Moderation towards them , he was excluded . In like manner Mr. Alexander Pitcairn of Dron was put by , because of his carriage at the last General Meeting , though he is said to have more Learning than the most of them ; and there were but three others in the Presbytery with him , and none of them , of these old men to whom the Government of the Church was entrusted by the late Act of Parliament : He indeed came to the Assembly , sat in it , and interposed his Judgment , but was no Member of it , and so consequently had no Vote . When these Measures were perceived , it was concluded , That Mr. George Campbel should be also shuffled out of the Assembly ; but that would have made their designs too apparent , there being none of his Presbytery whom they could bring in Competition with him , as also they had not much reason to fear any Opposition from him because of his modesty and quietness , which makes him averse to Contests and Jangling . He hath indeed the Character of a learned , good , and discreet Man ; and by his Moderation at first he did very much displease his Brethren , which ( as I am informed , but am loth to believe ) hath obliged him for removing their Jealousies to express himself of late more severly against the Episcopal Party than he us'd to do formerly . As for Lay-Commissioners , such were pick'd out as either were most bygottedly affected to their Interests , or whom they desir'd and design'd to make fast Friends to their Party . In the Presbytery of Churnside the Laird of — was chosen , and in Dunse the Competition lay betwixt the Laird of Lanton and M. the last was like to have carried it , but some one suggested to the Moderator , that it would very much reflect upon them to have both the Commissioners for the Merse stain'd with the Scandal of Adultery ; upon which the Commission was giv'n to Lanton , and the other was put by , whom yet they would fain have obliged , he being one who has at present a considerable place in the Kingdom . The King you know ought to have a Commissioner at every Assembly , to see that Affairs of State be not medled with by the Brethren , who indeed still retain the strong Inclinations , which they as well as the Church of Rome have always shewed to meddle with them , pretending they only do this in ordine ad spiritualia . Every one look'd that the Earl of Crawford should have been the person , whom the King should have honoured with that Employment , and his Lordship himself rejoyced in expectation of it : But ( to the surprizal of all ) some few days before the Assembly sat , a Commission came down for My Lord Carmichael , which made the zealous Brethren hang down their Ears : And My Lord Crawford gave an Indication of his secret Grudg at the disappointment , by his entertaining every body who came to see him with Protestations , that he did not desire it , and with Reasons and Excuses why he would not have accepted of it , if it had been offered to him : But we may justly suspect that his Lordship would not have refused it , seeing he frequented the Assembly , and officiously meddled in all the Concerns of it , even before he was made a Member ; and upon Carmichael's advancement , there were Letters immediately dispatched to procure a Commission for his Lordship from some Burgh or other , because a Commission from a Presbytery had been neglected , upon an expectation that his Lordship should have represented the King himself in the Assembly : His Lordship was so humble , that having miss'd of the highest Station , he would rather serve in the meanest , than not have an hand in advancing the good Cause ; or be deprived of the occasion of perfecting what he had so zealously begun : He had indeed merited the highest Honour in the Kirk , but all except the very Bygots of that side approved the King's Choice as best and wisest for himself , and the Interest of the State. For My Lord Carmichael was look'd upon as a Man of good Sense , and he had lately giv'n proofs of his Discretion and moderate Temper , at the Visitation of the Colledg of Glasgow ; whereas My Lord Crawford kept within no bounds of Moderation at the Visitation of the University of S. Andrews , and was much taken notice of for his rough Usage of the Masters , particularly the Reverend old Dr. Weemse Dean of S. Andrewes , and Principle of S. Leonard's College , who had been a Master in the said University for the space of 45 years , under whom My Lord Crawford studied Philosophy , and to whom he was then particularly obliged ; the Dr. had also been a zealous Assertor of the Protestant Religion , and design'd to have made the University his Heir ; notwithstanding all which , My Lord would not suffer him to have favour of a Seat , when he attended that Visitation , and when the honest Gentleman's Age and Infirmity obliged him to rest himself on the step of a Stair in the room , because other Conveniency was deny'd him ; his Lordship sent an Officer and raised him ; such Roughness and Incivility you may think incredible , but I had it from the old Gentleman himself ; of the which , with all other Particulars of that Visitation , as also of the Visitation of the other Colleges , I am told that the World may expect a full Account . But to return from whence my respect to my Lord Crawford carried me . All the Members of the Assembly being duly couven'd on the appointed day , viz. the 16th . of October , they went to the High Church where Mr. Gabriel Cunninghame Moderator of the last General Meeting did preach on S. John 2. 17. And his Disciples remembred that it was written , the Zeal of thine House hath eaten me up . In which the old man gave a greater Proof of his Memory than his Judgment , for the same Sermon had been preach'd on the same Text by Mr. Oliver Bowlis , an . 1643. before the Lords and Commons assembled in Parliament at Lond. I have seen the printed Sermon compared with the Notes of what was preach'd , and I assure you Mr. Gabriel made an exact Repetition , and followed his Authour verbatim so far as was fit for his purpose , only he left out some things in the Close of Mr. Bowlis's Sermon , and added some bitter Reflections on the Episcopal Party . There was a Parallel carried on betwixt Presbytery and that Miracle of our Saviour in whipping the Buyers and Sellers out of the Temple ; the setting up Presbytery at this time was compared to the Work of the Reformation , and was made a more wonderful and signal Act of Providence . The Episcopal Party were called formal and nominal Protestants , who professing to retain the Fundamentals , did pervert and corrupt the very Doctrine and all the Ordinances of Jesus Christ . The Presbyterians you know can never have their fill of Preaching , and therefore a single Sermon was not thought sufficient to open their Assembly , but they returned in the Afternoon , where Mr. Patrick Simson preached , on 3. Zach. 7. Thus saith the Lord of Hosts , if thou wilt walk in my Ways , and if thou wilt keep my Charge , then thou shalt also judg my House , and shalt also keep my Courts , and I will give the Places to walk among these that stand by . When his Matter and Expression were considered , no body thought his Sermon was borrowed as that in the forenoon had been , for it was Presbyterian Stuff course enough . He ascribed to their Meeting a Supremacy absolute and immediate next under Christ . After both Sermons they went to the Place appointed for the Assembly ; Mr. Gabriel Cunninghame opened the Meeting with a Prayer , after which he made a Complement to the King's Commissioner , and desired that his Commission might be seen and read . The Commissioner having produc'd his Commission , he desired that every one might also shew theirs ; which occasioned a confused Jangling for some time . The next thing they fell upon was the chusing of the Moderator , for Mr. Gabriel could no longer preside , it being against their Principles to allow a constant Moderator . For Persons were in Nomination , the first was Mr. George Campbel Minister at Drumfries , whose Character I have given you before ; the next was Mr. Gilbert Rule , who formerly pass'd under the name of Dr. Rule because of his practising Medicine ; he sat in the Asembly as Commissioner from the Colledg at Edinburgh ; where he was lately installed Principal , in the room of the reverend and learned Dr. Monro . In the last times of Presbytery he was an Independent , but now he seems to own no such thing , but presseth the Presbyterian Government as of Divine Institution : He is of great Authority among his Party , and is reckoned by them a learned and judicious man ; but first he seems not to have the Latine Tongue , for he oft woundeth Priscian , and hath so little Command of that Language , that he dare not extend his Prayers before the Students above two or three Sentences , which when observed made one wish that all the Presbyterians were obliged to pray in Latin , and then they would not be so tedious , nor vent so much Nonsense in their Prayers , as most of them now use to do : Again , the things he hath published discover no small Ignorance ; witness , his silly Gloss on that Expression of S. Jerome ; Quid facit Episcopus , exceptâ Ordinatione , quod Presbyter non faciat : Where he maketh Ordinatio to be the ordering of the Meetings of the Clergy . * He also published a Pamphlet , wherein he represented the Principles and Practices of Presbyterians ; which is a very weak and empty Paper full of Contradictions , wherein the Scripture is grosly wrested , and wherein several things are obtruded as certain and of great Importance , which have no Foundation either in Scripture , Reason , or Antiquity . As by this it appears that his Learning is not great , though he hath had the Boldness to enter the lists with Dr. Stillingfleet , so he hath often in his Sermons vented himself bitterly against the Episcopal Party . A third Person was Mr. Meldrum once Minister at Aberdeen , but who hath preach'd at a Meeting-House in the West ever since the Indulgence granted by King James . He indeed entred the Ministry in times of Presbytery , but he also complied with Episcopacy when it was restored . He at first together with Mr. John Menzies Professor of Divinity at Aberdeen , did hesitate upon the Oath of Canonical Obedience ; which Bishop Mitchel of Aberdeen would by no means allow ; so that they both ran a risque of being depriv'd . But afterwards upon a Conference at S. Andrews with the Archbishop of that See , who it seems dealt somewhat smoothly with them , they both subscribed the Oath of Canonical Obedience , and were sent back to the Bishop of Aberdeen with recommendatory Letters from the Primate ; upon which they were admitted to their Places , which the one kept till his Death , and the other till the Oath of the Test . I am told that Mr. Meldrum denies the matter of Fact , and will not acknowledg that ever he took the Oath of Canonical Obedience , but the thing is too notorious to be denyed ; for as the Primate of S. Andrews assur'd the Bishop of Aberdeen of it by a Letter under his hand , of which Mr. Meldrum himself was the Bearer ; so the Bishop of Aberdeen to make their Compliance as publick and exemplary as he thought their demurring and refusal had been scandalous , before he remitted them to the Exercise of their Ministry , caused a publick Intimation of their Subscription to be made in the old Church of new Aberdeen , which Intimation was made by Dr. Keith afterwards Professor of Divinity at Edinburgh , which certainly would not have been done , if the matter of Fact had not been certain : Especially if it be consider'd that they themselves , tho present , did not offer to contradict it . When this rigorous Proceeding of the Bishops against them was in ordinary Discourse complained of , he defended himself by an old Scotch Proverb , which is , That a fidging Mare should be well girded : And it has been told me the Subscriptions both of Mr. Menzies and Mr. Meldrum are still extant . However Mr. Meldrum payed true Canonical Obedience , as much as any other Minister , to the Bishop of Aberdeen , and lived in particular Friendship with Bishop Scowgal , who succeeded in that See : he frequented the Presbyteries and Synods , submitted to their Acts , and assisted several times when the Bishop ordained , and so far deserted the Principles of the Covenant and our Scottish Presbiteryans , that he swore and subscribed the Declaration , when he was admitted Rector of the Marishal College of Aberdeen . It cannot be denied but that he carried himself well , and gained the good Opinion of all , while he kept his Place , and even after he had left it for not taking the Test , he did not desert the Church , nor renounce Communion with the Episcopal Party , until the time that King James discharged the taking of Oaths , and suspended the Laws which enacted them , and then because he was not permitted to return to the Exercise of his Ministry at Aberdeen , tho he was allowed to go any where else , he became so picqu'd and offended at the Bishops , whom he apprehended were the Cause thereof , that he presently struck in with the Presbyterians , and either to make his Change appear the more sincere , or because he had really alter'd his Judgment and the Principles he formerly profess'd , he hath broke of all correspondence with the Episcopal Party , though some of them were his most intimate Acquaintance , and as Occasion offer'd vented himself as bitterly and severely against them , as any Presbyterian whatsoever . And when he was last at Aberdeen , tho he was kindly and civilly invited by his old Colleagues to take their Pulpit , yet he would never preach for them , nor so much as hear them ; but chose rather to go preach in the Meeting-House , where he exhorted the People to Thankfulness for the deliverance of the Land from Prelacy , and to be earnest in their Prayers that it might never return again . In him we have an apparent Instance , how great a Temptation even to a judicious Man Picque and Interest and Popularity do oftentimes prove . At first he pretended that he would only attempt to reclaim the deluded People of the West from their Errors and Extravagancies , who ( he said ) had been lost for want of good and knowing Ministers amongst them ; but it was plainly foretold by a Person of Quality and great Worth , that it would appear he could not work upon them , but that they would insnare him , and bring him over to all their Fooleries . The fourth and last Person was one Mr. Hugh Kennedy , who is usually called Father Kennedy by the Phanaticks here , and by others Bitter Beard : he is of a little Stature , but such a one as has made a great Bustle in his time ; he was a Ring-leader of the Remonstrator-Party , and with the Scottish Army at Newcastle , when they delivered up King Charles I. and received a part of the Price of his Blood , as is commonly reported six thousand Marks . In the Year 1660 he was deposed by a Synod of Presbyterians for several Crimes ; especially for being a Firebrand among his Brethren , and for a Book entituled The Causes of Gods Wrath upon Scotland , which Sentence of Deposition was never taken off , till the last day but one of this Assembly , as you shall hear afterwards . These were the four Persons nominated to preside in the Assembly ; when it came to the Vote , Mr. Gilbert Rule had four or five ; Mr. Geo. Meldrum one ; Mr. George Campbel forty eight ; but the most were in favour of Mr. Hugh Kennedy , and so the Chair was assign'd to him , who came short of the rest in Learning , yet surpassed them in Subtilty and Malice . Having chosen a Moderator , the next thing requisite was a Clerk , they appointed Mr. John Spalding , who had been Clerk to the General Meeting , to officiate in the interim till they should chuse one , but he continued all the time of the Assembly , for there were so many Competitors for the Clerkship , and each of them had such Interest by their Friends in the Assembly , that they durst never put it to the hazard of a Vote , for fear of dividing the Assembly ; the Competitors were as we heard , Mersington , Corsrigge , two Lords of the Session ; Park Hay , the famous James Stewart , and one Kerr . In this Assembly there was an hundred and eighty Persons , Clergy and Laity . There were no Commissioners from the Shires of Angus , Merns , Aberdeen , or any of the more Northern Parts of the Kingdom ; and even several Places on the North side of Tay had none ; only here and there in a Corner , where the Presbyterians had seated themselves , and assumed the name of a Presbytery , there were one or two chosen and Commissionated to represent them in the Assembly . None of the Universities or Colleges had any Representatives there , save that of Edinburgh , whom Mr. Gilbert Rule represented ; so that this was no more a General Assembly of the Church of Scotland , than that of Trent can be called a General Council of the Catholick Church ; nor did any other Spirit rule in the one than what prevailed in the other , I mean a Spirit of Faction , Interest and Prejudice , as will appear by the Consideration of their Proceedings , though there were Prayers enough put up for another Spirit , if they had been disposed for it . The Presbyterians of Scotland have always contested with Kings about the Power of calling , adjourning and dissolving Assemblies . They pretend to an intrinsick Power in themselves in this matter , to which ( as Mr. Rule says in his Representation , &c. ) that of the Magistrate is cumulative , and not privative . The adjusting of this Matter therefore was the first Difficulty brought before the Moderator , and no small Tryal of his Skill ; for as in the one hand they had all the Reasons in the World to complement and gratify the King ; so on the other it is well known the Presbyterians are very tenacious of their pretended Rights , and very jealous of Encroachments upon them , which makes them cautious of giving Precedents . Now this Difficulty he resolved thus , he suffered the Commissioner to appoint the time of their Meeting , and without taking notice of what the Commissioner had done , he himself adjourned them to the same time ; sometimes also to complement the Commissioner be would so cunningly smooth the business , as when he had resolved upon the time of their Meeting , he would first ask the Commissioner if his Grace could attend them at such a time , and then adjourn to the said time ; so they always agreed about the time of their Meetings , and by this means the Debate betwixt them and the King was waved , and never decided . There happened a pleasant Passage to this Purpose , which I must not omit ; Mr. Gabr. Cunninghame presiding one day in the absence of the ordinary Moderator , he asked the Commissioner what should be the next time of their Meeting ; but whether it was out of Forgetfulness that he did so or not , he corrected himself in his Prayer . For he began with an acknowledgment of Christ Jesus being supreme Head and Governour of the Church , and then said these Words , Thou knowest , O Lord , that when we own any other , it is only for Decency sake . The next day they met , and only heard the King's Letter read , and appointed some Persons to draw up an Answer . We expected to have seen both in Print , as is usual , but neither of them has been as yet published , because , as is supposed , there was something in the King's Letter a little checking , which they would not have every one to know , viz. That he favoured their Government , because he was made to understand it was most agreeable to the Inclinations of the People ; that he would have them very moderate in their Proceedings , and do nothing which might displease their neighbour Church : This last did not go down well with them , for it troubled them to be made in any ways accountable to a Church , which in all their Discourses they exclaimed against as superstitious and idolatrous , and into which they are designing to introduce their glorious Reformation . Neither was the first very acceptable , for if the Inclinations of the People were the Motive of setting up Presbyterian Government , when it should ( as it very easily might ) be represented , that the Inclinations of the People were against Presbytery , and the Spirit and ractice P of the present Presbyterians , his Majesty might be moved to remove this , and set up another Government . Therefore in their Answer they asserted that their Government was not only suteable to the Inclinations of the People , but also most agreeable to the Word of God , and that this might not be looked upon merely as the Flourish of an Epistle , they design'd to back it with the Authority of an Act ; which should declare their Government both of Divine Right , and also the true Legal Government of this Church , which they pretended had never suffered any Alteration , except in time of Usurpation , Tyranny and great Oppression . But the Commissioner apprehending the Consequences of such an Act , thought it not fit to let the same pass , without Advice from Court ; and therefore desired a Copy of it to send to the King his Master , who it seems did not approve of it : For it never more appeared here , at which the Brethren have not a little murmured . And if it had passed , as it would not have contributed much to the Establishment of their Government , it being the Act of so inconsiderable an Assembly ; so it would only have discovered their Ignorance , Falshood and Impudence : For it is clear from our Histories ( as was declared in a late Discourse ) that Presbytery heretofore was never setled but in times of Rebellion ; and what Enemies our Scottish Presbyterians have been always to Kings , and how much they were wont to encourage Rebellion King James VI. has from his Experience fully and plainly declared , in his Basilicon Doron , where he cautions his Son against them as the most barbarous , treacherous and perfidious sort of People , who are less to be trusted than the thieving Borderers , or the wildest uncivilized Highlanders . The Argument also , which Sir James Montgomery of Skelmorly used for Presbytery in the Parliament , shews how much it favours Monarchy and Kingly Power , which was this , That it was the Peoples only Security against the Encroachment of Kings , and a proper Curb to restrain their Insolence and Extravagancy ; And indeed when they are encouraged , they so restrain them as to make them signify nothing , as appears by their Behaviour to King James VI. before he went to England , and what they did to King Charles I. whom they persecuted and pursued to Death . As to the Moderation which his Majesty required of them , they promised with a solemn Attestation , that they would shew all the Moderation that his Majesty could expect ; which when considered was not a very great Obligation on them ; for if the King understand them aright , his Expectation will be very small , Moderation being very rarely to be found among Presbyterians . It being an old Custom of general Assemblies to ease the Ministers of the Place where they meet from preaching , they ordered this day who should preach the following Sunday , and when they were appointing Preachers for the rest of the Churches and Meeting-Houses in Edinburgh , one † stood up , and said ; It was fit to send Ministers to the Conformists Kirks too : But the Moderator perceiving the Commissioner displeased at the Proposal , replyed ; That they sought none of their Help , and they should get as little . The first that preached in the High Church before the Commissioner , was Mr. Geo. Meldrum , whose Text was Philip. 4. Ver. 5. The Sermon was framed to please the various Humours of Men , and to recommend himself to Persons of different Tempers , for the general Drift of it seemed to be for Moderation , which both the Court and all good discreet People called for ; yet he caution'd it with such Restrictions and Exceptions as that he might justifie himself with the more rigid , and prevent their jealousies and suspicions of him : He who preached the Sunday following ( if my Memory fail not ) was one Hamilton , who was somewhat singular in his reckoning the Years during which we of this Nation have been deprived of the Gospel ; for whereas the rest of the Presbyterians reckon but 28. viz. from the Restauration of the Royal Family and Episcopacy , he ran ten Years farther backward , and made it 38. leaving People to guess his reason , and when the Matter was enquired into , it was found that he dated the want of the Gospel from the Year 1652. because since that time they never had a General Assembly , and then too they were not suffered to sit , for the English Governor here raised them , because they had no Warrant from Cromwel , and carried them out surrounded with Guards to Bruntsfield-Links , where he dismissed them with a severe threatening , if any three of them should be found together . It would be tedious to give you a particular account of all the Sermons which were preached here in the time of the Assembly , but in general I assure you they were very nauseating to all rational Persons , for except one or two preached by Mr. Carstairs and Mr. Robert Wyllie , they were either miserably flat and dull , or else full of bitter Zeal against the Episcopal Party ; Instead of the Doctrins and Duties of Christianity , the excellency and divine Institution of their Government was the subject of their Discourses , and when they happened on any necessary or weighty Point of Religion , they treated them in such a manner , as if they had design'd to burlesque Religion , and render it ridiculous , which gave a great advantage to atheistical and profane Men : So it is observed that Religion doth suffer more now by the setting up of the Presbyterians , than it did or was like to have suffer'd in this Nation by the attempts of the Jesuits and other Papists a little while ago ; for then it fell out that People search'd and considered the Points of their Religion , and they that were ignorant of the Truth or dis-believed it , came to understand it , and to be convinced of it , and were resolved to be stedfast in the defence of it , whereas now the Contest being about Forms of Government , and Discipline , which generally People look upon as matters of lesser moment , all enquiry into the important Points is laid aside , and seeing there is such Hypocrisie and Ignorance among these very Men who set up themselves for the peculiar People of God , and that they who would be thought as it were inspired , or at least of all others most acted by the Spirit of God , are guilty of base and unworthy Actions ; this tempts People to think all Religion a sham and cheat . On Monday the twenty fifth they met at eight a Clock of the Morning for Prayer only . Some say eight , others ten , and some that eleven prayed successively : One told me he stayed till five of them prayed , however they continued to pray from eight to twelve . The Moderator began , and when he ended he named the person who should pray next , and every one did the like till Dinner time . Among others who were desired to pray there was an old Man who at first declined it , pretending a bodily indisposition , but when it was voted he should pray , he fell to it , and prayed longer a great deal than any of the rest . This Exercise of long and continued Prayer was so unusual , that it became presently the talk of the Town , and people had different Sentiments about it , and put various Constructions upon it : Some said they were practising what our Lord condemned , S. Matth. 6. considering that their Prayers generally are but Babling and vain Repetitions . Others that they were imitating the * Popish Masses . Some dreaded the effects of these Prayers when they called to mind the custom of their Predecessors , who used to usher in some Villany by Fasting and such solemn Prayers , as Tacitus reports of Nero , that when he solemnly consulted the Gods , it was a certain sign that he intended some cruel and bloody Enterprize : But the more probable seemed to be that this was to pray themselves , if possible , into a moderate Temper , as the King's Letter required , or to vindicate their want of it , as being more agreeable to the mind of God , seeing it was deny'd them after so many Prayers . To this purpose one of them had a very remarkable Expression in his Prayer ; for , having in compliance with the rest put up some petitions for Moderation , at last he concludes with these words , But , O Lord ! to be free , it would be better to make a clean * house . This Week they appointed Committees for the several Affairs that were before them , which sat at their own convenience , and now and then they met in full Assembly , but they pass'd away the time without doing any thing considerable , so that some began to apply to them , Parturiunt Montes , &c. The Moderator laid the blame of it on the ill attendance of the Members of the Assembly , and the slow Proceedings of the Committee ; but the true reason was , That they were restrained by the Instructions sent from Court , and the fears of encreasing the clamours and prejudices of the Country , as also they were somewhat retarded by the unskilfulness of their Brethren in managing Affairs of this Nature . The Old Men having for a long time been disused , and the Younger Sort wanting experence ; there were besides some little differences among the Brethren , tho the Moderator did all he could to smother them ; for when there was any appearance of the least Jar , he referred the matter which was like to occasion it , back to the Committee to be further considered , and then as on all other occasions in his Prayer he thanked God for the Oneness that was among them . For they endeavour'd to make the World believe that there was great Harmony in their Assembly which they talked of with a great deal of Fondness and Vanity , especially when the Cameronian Party joyn'd themselves to them , tho it may be justly said that matters were rather hudled up betwixt them , than any true Union effected , and if the cunning of the Moderator had not prevented it , the Breach was like to have been wider ; For the two Persons that appear'd for the Cameronians , viz. Mr. Shiels , and Mr. Linnen gave in two Papers , one of Overtures , and another defending their Practices as being most agreeable to the Practices of the true Presbyterians , and upbraiding the rest as deserting and apostatizing from them , which reflected on all that sat there , and yet they offered in the face of the Assembly to make good and justifie the same . At first the Moderator checkt and rebuk'd them , but perceiving they would not submit themselves , they were first sent out , and then after some time call'd in again , and taken by the hand and desired to sit down with the rest , without entering upon any debate . He told them upon their second appearance , that he knew they meaned well , and had done them service , and that they did expect good from them , tho at first he said they were rash young Men , who had done much hurt to the Church . The Sunday following both the Cameronians at Restalridge , and the other Brethren in the Pulpits of the Town , preach'd upon this Agreement and Union of the Parties . The latter gave God thanks for it , and the former justified themselves , and declared that thereby they had neither condemned their own former Practices , nor yet approved of the Corruptions that were among their Brethren . The Cameronians in the Country having got information of this Union , sent some of their number to the Assembly with some Papers , who were not allowed to come in before the Assembly , but some of the Brethren were sent out to confer with them , who received their Papers , and giving them fair Words , dismissed them . The Papers having never been publickly produc'd , the Contents of them were not known . As to the Affair which came before the Assembly , the first thing remarkable was the Business of Mr. Gabriel Simple which took up some days ; He had received a Call ( as the Word is ) both from the People of Jedburgh , and also from those of Killpatrick , and each of them petition'd the Assembly for him , because of Spiritual Sibness and Pastoral Relation which they had to him ; At the same time there was an Address read from no less than twelve Parishes in Northumberland , as was pretended , desiring that the said Mr. Gabriel might not be taken from them , he having taken compassion on them when they lay weltering in their Blood , and no Eye to pity them , and shewing that England was over-gone with Briars and Thorns which would over-run Scotland too if Mr. Gabriel did not weed them out , that by Mr. Gabriel's care twelve Parishes were well provided , which could not be so well done by any ordinary Man ; That he had been twenty four Years among them which was sufficient to found a Pastoral Relation . Mr. Gilbert Rule seconded this Address , and pleaded for those of Northumberland , that they might have the benefit of Mr. Gabriel ; alledging , that it was Charity to plant the Gospel in England , and he declar'd thaet he knew not only twelve Parishes , but that for fifty Miles they wanted the Word of God ; For ( said he ) betwixt Berwick and New-Castle there was less practice of Piety , than amongst Papists , or Heathens , and therefore it was fit to send Ministers among them , he concluded his Discourse thus , That as we ought to plant the Gospel where-ever we can , so the Presbyterians of England having now a Liberty granted them by King and Parliament they might very well call back such as had been driven in amongst them in time of Persecution . To this last the Moderator reply'd , Mr. Gilbert , What if they should call you ? And when he answer'd , that perhaps he would then go , he said to him , Mr. Gilbert , I do not think you so great a Fool. But as to Mr. Gabriel the Moderator and the generality of the Assembly were for calling him back to Scotland , alledging that Charity began at home , when they had reason'd a long while upon the Matter too and again , Mr. Kirkton stood up and said , What needs this ado ? For he had heard that Mr. Gabriel durst not return to Northumberland , there being an Order from several Justices of Peace to apprehend him , which Mr. Gabriel confess'd to be true . This decided the matter as to Northumberland , and shewed that Mr. Gabriel would have had his forc'd return coloured with a Solemn invitation ; and when it came to be consider'd , whither Jedburgh or Killpatrick should have him ; he discovered his own Inclinations before it came to a Vote , telling that Kirkpatrick had no Manse for him , neither could he maintain a Horse at it , when the Votes were a stating Mr. Gabriel Cunningham desired the Moderator to pray for drowning the noise of the Assembly . But Mr. Kirktoun answered , What needs all this fool Praying , it was not the Custom to pray at every thing , so they past immediately to voting , and the Votes carried it for Jebburgh , which no doubt was according to Mr. Gabriel 's own desire . The next great Affair was the removing Mr. George Campbel from being Minister at Drumfries to be Professor of Divinity at Edinburgh , which was made vacant by the Visitation of the College , for that Dr. Strachan could not comply with the Terms requir'd in the Act of Parliament . The Magistrates of Edinburgh being Patrons of the place gave a Call to Mr. Campbel , which was backed by the earnest invitation of some others about the Town . He indeed deserves the place better than any of that Party having qualifications of Learning and Modesty beyond what is usual to be found amongst them . But as the People of Drumfries were not willing to part with him , so neither was he willing of himself to settle at Edinburgh in his old decaying Years , especially when he perceived such strong prejudices against the Presbyterian Party to encrease . The matter was referr'd to the Assembly where it was long and hotly debated . The necessity and importance of training up Youth was alledged for his coming to Edinburgh , but he on the other hand said , he was more capable of doing good at Drumfries , and had stronger ties and obligations to that place , and at last added that he not only had not the inward call to accept of the Profession of Divinity , but did find in himself an inward aversion and backwardness thereto , which he thought should not be slighted ; for there was in it not only 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 but 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which occasion'd the matter of the inward call to be considered and debated . Mr. Rule said , That it consisted in the internal Qualifications for the place , and the outward harmonious Call of the Church , and that as they were Judges of the first , so the last would be known by putting it to a Vote : adding , That the Spirit of God was a harmonious Spirit , and that the Spirit of the Prophets was subject to the Prophets . Mr. Campbel reply'd , That he put a wrong Gloss on the Place , but however he would not debate it now . It was referred back to the Committee and considered again in a full Assembly , and at last th● matter was put to a Vote , having before they collected th● Votes prayed for direction therein . By the Votes it was carried that he should come to Edinburgh ; tho it was observed that the more judicious part were against his coming , being prevail'd upon by the weight of his own Arguments . However after they had resolved upon his coming , they allowed him till Lammas following to remove himself and his Family ( as some say ) as others would have , that he might in this time bring his mind to close with the Call of the Assembly , because he had said , he would leave the Kingdom rather than obey . A day or two after the Decision of this business concerning Mr. Campbel , there came a Commission from the Town of S. Andrews to My Lord Crawford to represent them in the Assembly : The Moderator usher'd it in with a great Commendation of his Lordship , and the manifold Obligations which they had to him , and regreted he had not been a Member of their Assembly sooner , and that he had not his Commission from a Presbytery ; for which , he said , the Presbytery of Couper particularly should be rebuked , in that they had neglected him . But the reason was , ( as I told you before ) that it was expected he should have been Commissioner for the King. When this Commission was read , My Lord Crawford , ( whose Joy for which was to be seen in his Countenance ) stood up , and made a Discourse about the Weight and Importance of that Trust , and of his Unworthiness to be a Member of that Venerable Assembly , and desired that they might allow him the favour which they had granted to Mr. George Campbel , which was to have till Lammas next to advise on it : His Lordship not knowing well what to say , but thinking he was obliged to say something , fell on this Impertinence ; which moved the Spleen of the Assembly , and made them spoil the gravity of their Meeting : And indeed who could forbear laughing , to hear one make a scruple of acting by Commission , when he had made none to act without one ; officiously attending the several Sessions of the Assembly , and particular Committees , and giving his Opinion in all the Matters that came before them . And what a ridiculous thing was it , to ask Nine Months time to advise whether he should be a Member of a Meeting which was to be intirely dissolved within a fortnight . After they had sat ten or twelve days , they received a Petition from two Persons , the one was called Smith , the other Grieve , in name of the Town of Dundee . In the Petition , which was drawn up according to their usual Canting Stile , they complain'd of their want of the Ministry there , and desired that some might be sent to them to preach the Gospel ; upon this the Commissioner asked if the Episcopal Ministers of that place were legally turned out ; and it being replyed that they were deprived by the Privy Council a year ago ; the Moderator was suffered to proceed in the business , who pressed it with great Earnestness , telling the Assembly , that he knew that not only in Dundee , but that in all Angus the Gospel was not preach'd , and that there was no true Minister there , tho he and all the World besides knew , that except one or two Churches all the rest of that Shire have Ministers setled in them , who daily exercise their Functions , but indeed they are Episcopal Ministers ; whom neither he , nor others of that party make any account of , for on all Occasions they so express themselves , as if the Gospel and Ministry were confin'd to the Presbyterian Kirk . But to return to the business of Dundee and Angus , Mr. Andrew Bowie , and one Mr. Reiel declared to the Assembly , That they had been in that Country already by an Order from the General Meeting , but that they had no incouragement from that People , on the contrary they had met with great Discouragements , and perceived that they were so averse and indisposed for receiving the Gospel , that it was needless to send any to them ; for they would not get an Auditory except in a Kirk , and the People would not give them the Keys of the Kirk doors , nor admit of them except they were compell'd by Authority . To which the Moderator replyed , Brethren , as you have made an Offer of the Gospel to them in the name of the General Meeting , so you must now go and offer it in the name of the General Assembly ; and added , That they would recommend the Affair to the Privy Council , who would certainly see to their encouragement , and to have the Keys of some Kirk or other given them . As for Dundee , which was said to be generally refractory , the Moderator said , They could and would plant Ministers and Elders therein , whether the Town Council would or not . Which if it be not an Intrusion , let the World judg : When it was desired that some others might be added to these two Brethren , Mr. William Spence sometime Minister of Glendoven was named by several , which was opposed by others , because the removing of him would leave the Presbytery of Aughterarder without a Quorum , as I mentioned before ; however after some Debate , it was carried he should go : And other three also were appointed to be in readiness upon advertisement of the success and encouragement of these Brethren . As for this Mr. William Spence , one of the Apostles for Angus he served some years under Episcopacy , but having desired an Augmentation of his Stipend , and it being refused ; he conceived a Picque at the Bishops , because they gave him not ( as he judged ) due Assistance before the Commission of the Kirk , which he first vented by passing severe Reflections upon them , and afterwards he grew to that height , that he dispersed Papers bespattering both them and the Government , and addressed to the Presbytery for a Reformation : His Fellow Presbyters endeavoured to reclaim him , and to suppress his Libels , but their Attempts being in vain , the Matter was carried before the Bishop and Synod of Dumblane , who finding him obstinate deposed him , and afterwards upon his further Contumacy and Disobedience excommunicated him , which Censure was never yet taken off , because he never shewed any Repentance , neither made any Application about it . Shortly after the receiving of this Petition from Dundee , there came a Letter to the Assembly from Aberdeen subscribed by some Phanaticks there ; who , I assure you , in that Place are neither considerable for Number , nor Quality . The Letter was to the same purpose , desiring the Assembly to send them Ministers , and complaining that they had wanted the Gospel for Thirty Years . Mr. George Meldrum was present when this Letter was read , and neither contradicted the Assertion nor qualified it ; but suffered it to pass without any Reflection or Censure . Which silence of his was admired by those that knew him , neither could they excuse it , considering that he both knew the place particularly , and could not but be convinced that the Gospel had been preached there , in as great Purity as in any place in the Kingdom : For not to speak of the present Ministers of that City , who have the Approbation of all wise and judicious Persons , both for preaching and other Qualifications . Mr. David Lyall , now at Montross , was a long time Minister there , and is esteemed to have a good Talent of popular preaching . Mr. John Menzies Professor of Divinity , who was ever esteemed an eloquent Preacher , as well as a learned Man , continued in the exercise of his Ministry there , till the year 1684 , and Mr. Meldrum himself was Twenty of these years Minister there also ; and Dr. Garden who succeeded him must be acknowledged to be both a knowing man and an able Preacher ; one who teacheth the truth in sincerity , without respect of Persons . So that Mr. Meldrum's new Interest must have strongly perverted his Judgment , or he may be justly charged with Hypocrisie and Cowardice ; seeing , for fear of displeasing a Party , he would not own the truth on so fair an Occasion . The Presbyterians speak much against a sinful silence , and certainly such was his at this time . Some alledged , that the sending of this Letter was a Device of his own , to get himself sent back to Aberdeen ; for one would have thought that the Assembly would rather have sent him than another , because he might be supposed to know both the place and the People best where he had been so long Minister ; but the Assembly took no notice of him , and appointed two to go thither to preach the Gospel , of which one was Mr. Shiel a Cameronian . So that as Mr. Meldrum fell off from the Episcopal Party because he was not permitted to return to his Place at Aberdeen , for the same Reason he should now desert the Presbyterians , seeing they would not restore him unto it . Upon some other occasion it was proposed by the Moderator to send some other Persons to make an offer of the Gospel to the rest of the Northern-Shires ; accordingly an Act past , appointing several ( I know not the exact number ) who were commended to the Council for their Viaticum , as the Moderator worded it , which Mr. Fraser of Brae found fault with as sordid , and then he wisht them to call it Maintenance or Provision , or what they pleased , for they knew his meaning well enough . But that which is most remarkable , is , that in this as well as the two former instances , Persons were commissionated to preach and make an offer of the Gospel ; for in these very Terms it was proposed , stated , voted and determined , as if they were going to convert Pagans and Infidels ; this shews their Ignorance and Uncharitableness , and is to some a just ground ( tho there were no other reason ) for separating from them , and refusing Communion with them , because they divide from the Catholick Church in all Ages , they pervert and alter the nature of the Gospel , and teach another Gospel than what is to be found in Scripture . Indeed they cannot justifie their present Proceedings , and all this noise they make in setting up themselves , unless their way ( as they use to speak ) be of equal importance with the Gospel it self ; but if the Gospel be in the Scripture , the Episcopal Party have preached it more plainly and purely than they . And if they teach another Gospel than what has been taught by the former , they must leave the Scriptures , and with the Papists have recourse to vain and uncertain Traditions , or to the more vain Imaginations of Enthusiasts . Before I relate to you any more of their Acts , I 'll divert you with an account how the Assembly dealt with such Ministers as had appealed to them upon the hope of milder Treatment and greater Justice than what had been found in the particular Presbyteries . If you had seen the last Letter they sent to the King , as it was first presented to the Assembly to be approved and subscribed , you would have concluded that all Grievances had been redressed , and that the Episcopal Clergy had received a reparation of all the Wrongs which they had complained of , for the Letter expresly contain'd so much , but the Libel was so gross that it could not pass tho the Moderator urged it , wherefore the amendment of it being referred to Mr. Gilbert Rule and Mr. Robert Wyllie , they made it run thus ; That the same was recommended to the Commissioners of the Assembly , and several Synods to be redressed . How true even this is , I cannot tell , time will shew , but sure I am 't was not done by the Assembly , for they shifted off the examination of these Appeals , saying it was injurious to the Presbyteries to question the justice and legality of their Proceedings , and pressed that the Complainants might be referred back to the particular Presbyteries and Synods from which they had appealed , which was done , and that was equivalent to the approving all that was done , because none would condemn their own Proceedings . The Affair of Peebles is an evident proof that the Assembly was not willing to canvass the Actings of any Presbytery , far less to renverse their Orders and Sentences . The Duke of Queensberry being not only Patron , but also a very considerable Heritor of the Parish , was as well as others both in point of Honour and Interest concerned to have the matter discussed ; and Mr. Knox who was called to be Minister there righted . Wherefore the Duke recommended the Business with great earnestness to the Commissioner , that it might be brought before the Assembly , being confident that the Assembly would not take upon them to approve the Proceedings of the Presbytery , who had governed themselves neither by Reason , Justice , nor Equity in the Matter ; as was made appear in a printed Information which I have herewith sent you ; whereupon the Commissioner interposed so far as to get it one day proposed in a full Assembly ; but when the Clark took up the Process to read it , there was such murmuring among the Brethren , that what he read could neither be heard nor understood , and some two or three whispered the Moderator in the Ear ; so that before the Clark had read six lines , he stood up , and addressing to the Commissioner told his Grace , that it was fit to wave this Affair for the present , that the Brethren were displeased that it was brought in so abruptly before the Assembly , when it had not been considered in the Committee , that they were not ripe enough as yet to take cognizance of it , and that there were several particulars in that Affair which were not fit to be spoken of in publick ; to which the Commissioner yielded either out of too much good Nature , or out of fear that the stubborn and forward Men would have baffled his Authority if he had offered to oblige them to do any thing against their will. To save his Credit in yielding to the Assembly , he required them peremptorily to fall upon it at the next meeting ; the Moderator promised it , but there was never a Syllable more of it , nor it seems did the Commissioner think sit to start it again . Before I leave this Matter , I must tell you a remarkable passage in Mr. Veatch his Answer which he publish'd to that printed Information which I spake of before : That whereas it was objected that he had not a popular Call to the Parish of Peebles . This , saith he , ought not to militate against me ; for if by such a Call be meant an unanimous Call of all , or the greatest part of the Parish ; it can be expected but in very few places of the Country ▪ to a Presbyterian Minister , and never at all , saith he , to be hoped for in the Parish of Peebles . This indeed is a certain Truth , but it was thought strange to see a Presbyterian so plainly confess it , seeing hitherto they would have the King , and all the World believe , that both their Persons and Government were most agreeable to the Inclinations of the People ▪ Mr. Veatch had not his Wits about him when he let fall this Declaration , and it seems was more intent upon his own particular , than the general Interest of the Party he belongs to ; for hereby he gives a Lie unto the Parliament , lover turns the Ground whereon the Government was built , and plainly intimates that he and his Brethren are , and must be Intruders , seeing they cannot have the call and consent of the People . The want whereof was charged heavily on the Episcopal Clergy in the West by Mr. George Meldrum in a Sermon before the Parliament , who thought it so heinous a Crime , that he said , before he obtruded himself upon a People against their own will , he would chuse rather to beg his Fraught and go to America : It were to be wished that all his Brethren were of that mind , for then the Nation would be soon rid of them ; and I assure you they might have their Fraught without begging it ; for both Gentry and Commons would pay that more chearfully than their Stipends . Now if it was a Crime in the Episcopal Clergy to take the Cure of a Parish without the express formal consent of the People , what may it be thought in a Presbyterian to come in upon a People when they expresly declared and protest against him . I know no other way of justifying this , but by asserting the Doctrine which one of their Laicks raised from ver . 6. Psal . 119. while he was lecturing to the Neighbour-hood , viz. The People of God may sin , but the Wicked must not sin , and there is a heavy Vengeance waiting them if they do ; but we will leave this , and return to the Point we were upon . The Assembly was just so puzzled with the Appeals of the Episcopal Clergy , as their Ancestors the Pharisees were with the question about John's Baptism ; for on the one side they feared the Court who desired and required them to be moderate , and indeed they perceived that it was their Interest at this time to make some shew of Moderation . But on the other hand it was against their Interest to condemn the Proceedings of the Presbyteries , nor could they do it because they were agreeable to the Rules concerted and prescribed by the general Meeting ; so following the policy of the Pharisees they waved the difficulty by remitting all to the Commission and particular Synods . By this means they secured what was already done from being renverst , and also freed the Assembly from the blame of any Injury or Injustice done , or to be done ; for then these things might be charged on particular Persons , and not on the whole Party . However they ventured upon three or four Processes , and by them you may guess what they would have done with the rest . The first was , That of Mr. Lesk Minister of Turreff within the Diocess of Aberdeen , whose Church was claimed by one Mr. Arthur Mitchell by vertue of that Act of Parliament , which restored the old Presbyterians to their Churches whether they were vacant or possessed by others . Mr. Lesk first made Application to the Council , and thought to have suspended Mr. Mitchell , as not being comprehended within the Act of Parliament , which only was designed in favour of these , who had left their Ministry for not complying with Episcopacy ; whereas Mr. Mitchell was deposed , and deprived long before that time : But that not taking effect , the Matter was brought before the Assembly , where Mr. Lesk instructed , that Mr. Arthur Mitchell was never legally settled Minister of Turreff ; that about the Year 1655. he was actually deposed , and that tho he continued to preach there by means of a prevailing Faction of Remonstrators under the Usurper , he was never look'd upon as Minister of the place : and that in the Year 60. the Synod of Aberdeen being freed of the force and restraint that was formerly upon them , did ratifie the former Sentence of Deposition . And as for himself he pleaded that he had been legally setled Minister according to the Laws of the Land , that he had submitted to the present Civil Government , which had promised protection to them who did so ; and that the Heritors , and People of his Parish were for his continuance among them , and altogether averse to Mr. Arthur Mitchell . To prove this last , he produced a Declaration and Petition subscribed by the Gentlemen and others of the Parish . Mr. Mitchell alledged that one or two of the Subscriptions were not genuine , and therefore that the whole ought to be neglected as a Forgery . Mr. Lesk replyed , That he laid not the stress of this Cause on that Paper , that he only produc'd it as an Adminicle , that he had not gone about seeking Subscriptions , for he looked upon that as below the Character of a Minister ; but that it was given him by honest Men , and therefore he had reason to believe the Subscriptions genuine . And if they laid any stress on the Inclinations of the People , if a competent time were allowed him , he would easily prove that they were for him ; but at present it was to be considered whether he was legal and rightful Minister of that place . After two days debate it came to a Vote ; and the Vote was not whether Mr. Lesk or Mr. Mitchell should be continued Minister at Turreff ; but whether Mr. Mitchell was not rightful Minister Anno 1661. and only turned out by the unjust courses of the Times , and whether he was not now to be looked upon as rightful Minister there ; which Vote was carried in the affirmative , and Mr. Lesk being called in , was told that the Assembly had deprived him , and ordained Mr. Arthur Mitchell to be Minister at Turreff . He asked the reasons of their Sentence , which were refused ; but what ever might have been pretended , the true reason was , That they were glad of any pretence for casting out Episcopal Ministers , who were always in their Sermons and Discourses called the Priests of Baal . By virtue of that Act of Parliament I just now mentioned , all the Churches were taken from the Episcopal Ministers , to which any Presbyterian had the least pretence , tho the former had complyed with the Civil Government , and the other were setled in other places which they were not resolved to leave . So for instance , Mr. James Kirkton who hath a Meeting-house in Edinburgh , and is called to be one of the Ministers of that City went out to the Parish of Martine , where he had been formerly Minister , and forced away Mr. Andrew Meldrum present Minister without allowing him time to dispose of his Goods ; and after he had performed this noble and heroick Exploit , and preached a Sunday or two to get a right to the Stipend , he returned to his Charge at Edinburgh , and turned his back upon that in the Country , as if there had been no more to be feared , seeing the Curate was driven away . The next Appeal which I suppose was considered , was that of Mr. Sleery from the Presbytery of Linlithgow , he was a Minister of the West , who had been rabbled out of his own Church , and thereafter was desired by the Minister of Falkirk to serve his Cure during his Sickness , which he did ; and when that Minister died , the Heritors and People of the Parish upon the experience they had of him , desired that he might continue to preach to them , promising that when the Government was setled , they would take care to get him a legal Title to the Parish : but it being firmly resolved on by all possible means to put out and disable all Episcopal Ministers ; the Presbytery of Linlithgow caused the said Mr. Sleery to be cited before them , who compeiring , was interrogated by what Authority he preached at Falkirk , and how he came to use the Doxology . The last , he said , was the custom of the place , and that he did the first at the desire of the People . The Presbytery not being satisfied with his Answers to these , and some other Questions , discharged him from preaching there any longer , and declared the Church vacant , to which Sentence he refused to submit , and appealed ; therefore it was necessary to interpose the Authority of the Assembly , for dispossessing him of that Church which was the reason why he was called upon . When he compeired , the Moderator askt him if he acknowledged the Civil Government , and if he would submit to that of the Church , to both which he answered affirmatively ; but when it was askt him if he repented of his compliance with Episcopacy , he said , If it was a Sin he would repent of it . His Answer did neither please nor satisfie them ; for the Moderator told him it seemed he yet doubted whether it was a Sin or not . So finding by this and some other things , that he was not yet a through Convert , they deprived him of his Church , and discharged him the Exercise of his Ministry . A third Person brought before the Assembly was one Mr. Forseith Minister at St. Ninians , he was accused for marrying a Man to his first Wives Neice , which he confessed before the Assembly ; and also that he had been informed of the Relation , and diswaded from doing it by the Episcopal Clergy , amongst whom he lived . All his excuse was , that he was not much himself when he did it , being in great confusion and consternation because of the Rabble that was then up , and who continually threatned him as they had fallen upon his Neighbour Ministers . And he further alledged , that it was the only miscarriage he could be charged with in thirty five Years Exercise of the Ministry , and therefore he desired the Assembly to pardon him , and to restore him . This they refused , and confirmed the Sentence of his Deposition , which was very just , and the only justifiable Act of the Assembly from its sitting down to its rising . A fourth Affair which the Assembly had before them , was that of Mr. John Mekenzie at Kirkliston . I suppose you have seen an account of his Process before the Presbytery of Linlithgow , for he carried it up with him to London to shew it to his Friends there . But in case you have not met with him , nor received an account of the whole Matter , take it in short thus . When rabbling was practised and in fashion here , he amongst many others of his Brethren had the Church Doors shut against him , and by this means was hindred from the Exercise of his Ministry in that Parish ; but having complyed with the Civil Government , he made an interest by his Friends to maintain his legal Right and Title to the said Church , which vexed and gall'd the Presbyterians , who by this means were kept from setling a Minister of their own Perswasion there . All endeavours were used to remove him : First , They set him upon him to dimit voluntarily , which he refusing , they next threatned to force him to it upon Articles of Scandal . But his Innocence , and unblameable Conversation being sufficient proof against that ; they at last pursued him before the Presbytery of Linlithgow , upon the pretence of deserting his People . He appeared before them , and defended himself , declaring he was always ready and willing to exercise his Ministry if the Rabble would have suffered him , and allowed him access to his Church , and therefore the fault did not lie at his door . Upon this he was blamed for speaking contemptibly of the Rabble who were said to be the necessary Preliminaries to the Government both of Church and State , and from that they would have been infering his secret disaffection to both . The Presbytery were forced to vindicate him from all imputation of Scandal , and for a mark of their singular and extraordinary favour , they said they would give him recommendatory Letters to put him in capacity of being elected Minister of another Parish ; but still they urg'd his quitting of that of Kirkliston : and when he perceived that they had firmly resolved to declare his Church vacant to gratifie the Rabble , and some few other unreasonable Persons who were dissatisfied with him , he appealled from them to the King , and the next lawfully called general Assembly . This being the Tenor of his Appeal , many of the Assembly spake against the receiving or sustaining it , alledging that it was not to them he appealed , for his expression did imply that this Assembly was not lawfully called , seeing it was called before he appealed , and yet he made no particular reference to it . Besides , said they , it 's clear he means an Episcopal Assembly by his appealing to the King joyntly with the Assembly ; for these Episcopalians do make the King the Head of the Church , whereas we cannot own any such thing . My Lord Arbruchel desired the Assembly to be favourable to him , for he knew him to be well affected to the Government , and that he had served the King abroad for the space of seven Years . To which one replyed , That he was as well paid for it : he served him for Wages , and so would he have done the Turk too . They were much irritated by his going to London to represent their Proceedings , and to clamour against them ; Every Man took occasion to vent his passion and pique at him ; some said he was Scandalous , and called him a Drunkard and Swearer ; some called him one thing , and some another , and one said he should be deposed because he was a proud , stubborn and insolent Fellow . The Commissioner apprehending there would be little Justice where there was so much pique and prejudice , desired the Moderator to delay the Affair , and to allow the young Man time to appear and answer for himself : but the Moderator replied , That it was best to proceed now , and more for the young Man's Reputation , for if he were present they would be obliged to take notice of some Crimes , and Scandals which now they would pass over without inquiring into them , forgetting that the Presbytery had acquitted him of all such Guilt , and that he himself had given him a good ▪ Testimony when the Affair was first brought before the Assembly . The Commissioner still urging that they would deal tenderly and gently with him ; Indeed ( replied the Moderator ) Your Grace shall find that we will use great tenderness towards the Young Man , and we shall be very discreet , for we shall only take his Kirk from him , which they did immediately . So that you have a Sample of the Presbyterian Tenderness , which I think is very near a Kin to the tender Mercies of the Wicked , which Solomon declareth to be cruel ; for when they deprive one of his Livelihood and Good-name , they call it Tenderness ; and if it be so , I pray God save us from their Cruelty . Except these four , I heard of no other Processes wherein the Episcopal Clergy were concerned , that were revised and discussed before the Assembly , there were indeed one or two more mentioned , by the Interest made by the Persons concerned : ‖ As the Business of Mr. Heriot in Dalkeith , and Mr. Wood in Dumbar , but they with the rest were referred back to particular Synods and Presbyteries . All this while the Presbyterians had been intent upon the emptying of Churches , now at last they began to consider how Churches should be filled , and Vacancies supplied . They wanted Labourers for their Harvest , and therefore they first passed an Act , For calling home such of their Party as were serving in other places abroad ; and appointed the drawing up , and directing of Letters for acquainting those in Holland particularly with the Mind of the Assembly and the Necessity of the Church : It happened that of these who were spoken of , one was dead , and another detained Prisoner in Dunkirk . Wherefore one said at the reading of the Letter , That the Assembly needed the Power of Miracles , for bringing back the one , and that they ought to address to the French King to obtain the other . In the next place for the encreasing the number of the Brethren , they appointed some to search out , and to give in Lists of such as were thought fit to be called to the Ministry . And indeed they may come to have enough of them , by the Measures and Methods which they lay down and follow ; but they are not like to have many learned and knowing men ; for they set light of Learning and Knowledg , and do often run it down : Zeal for the Good Cause is the chief Qualification , and serves instead of Learning and other Accomplishments . The Episcopal Candidates are thought as dangerous as those who are actually in Office : Therefore instead of these who have been several years fitting themselves for the holy Ministry by proper and useful Studies , they are putting others upon the Design who never studied at all , neither have any competent measure of Learning for it . Brewers and illiterate Tradesmen are setting up to be Ministers . Not to trouble you with other Instances ; one Russel a Coalgrieve in Fife is made Minister at Kennaway : What Talent of Learning he has you may easily guess , when you may understand that he is altogether ignorant of the Latine : When he was passing his Tryals before the Presbytery , they according to their Custom prescribed him a Latine Exercise in some Head of Divinity , which he earnestly declined ; and when they would needs keep up the Formality , he complained for obliging him to pray and preach in an unknown Tongue : Having miserably bungled through the Discourse , when it came to the Disputes , Mr. Mitchel at Leslie proposed an Argument by way of Enthymema , and he denyed the Major , having been at pains to conn the Terms Major and Minor before he came there , and his Instructer having forgot to tell him the different ways of Argumentation : Then Mr. Mitchel putting his Terms in the ordinary form of an Hypothetick Syllogism , fancying he might understand that : When the Syllogism was repeated he said to the Proponent explica terminos Minoris , which was Sed verum prius . Having gotten this Specimen of his Learning , the Presbytery acknowledged that he indeed wanted Gifts , but he had Grace , and that was sufficient ; and therefore they approved of him and received him into the Ministry . Mr. Russel hearing that he was so much upbraided with Ignorance , to wipe off that Stain , he offered to make some Ostentation of Learning in a Sermon , by the Repetition of a Latine Verse . The Verse he chose was this common one ; Regis ad Exemplum , &c. But alass , the Way he took to save his Reputation ruined it for ever , for he blundered it thus , Regos ad Exemplas totis componitur orbos . And as their Clergy are at present without Learning , so it cannot be expected that their Successors ( if they shall have any ) will be any whit better , ; for they have laid , our Colleges wast , driven away our learned men , and have not qualified Persons of their own party to put in their places . The University of S. Andrew is altogether laid wast , there is neither Principal nor Regent there , and those who have succeeded to the Vacancies in the Colleges of Glascow and Edinburgh are known to be Persons neither skilled in Books , nor any part of good and useful Learning : So that they are not capable of directing the Studies of the Youth which resort thither ; nor is it to be supposed the Youth will much regard their Advices , when 't is evident that the chief of them have need to be put back to learn their Grammar . The Narrowness of the Presbyterian Spirit is an Enemy to Knowledg , and will obstruct all Learning ; for they not only count it Impiety to call their commonly received Principles into Question , but also they reckon a free and rational Inquiry into the Grounds and Reasons of them to be very dangerous : They are no less friends to implicite Faith , than the Church of Rome , and do not regard the Advice of S. Peter , which is , That we should be ready always to give an Answer to every man that asketh a Reason of the Hope that is in us . You may easily guess how squeamish they are about Points of Divinity , when they make the Cartesian , and other Systems of new Philosophy to be gross and damnable Heresies . So that if Presbyterianism prevail , all freedom of Spirit , all improvements of reason and knowledge will be banish'd , and the world must be condemned again to hear both in Schools and Pulpits impertinent chat , a Clutter Clutter of words and canting phrases which cannot be understood . They are great enemies to Mr. Gregory the Learned Professor of Mathematicks in this place , they seek by all means to turn him out , and say that these Sciences are not only useless but dangerous : and indeed they have reason , for they are no friends to ignorance and nonsence their peculiar properties . But the want of kindness to Mr Gregory , and the Mathematicks is somewhat more excusable in them ; but that they should slight the knowledge of the Hebrew , and other orientall tongues is a little strange , and cannot be justified seeing the right understanding of the Scripture does so much depend thereupon . They have thrust out Mr. Alexander Douglass the professor of these languages here , who as he was a person of a most peaceable disposition , so he was an ornament to the Society he lived in by his skill and knowledge in these matters : he cannot have a true Successor here , for he hath scarce his equall in this Kingdom , nor Perhaps are there many in other places who do exceed him in the thing he professeth . But perhaps the Jewish Synagogue would have been found so favourable for Episcopacie , and therefore it is fit and wisely done to keep both Clergy & Laity in ignorance of it . Their kindness for the dead is as smal as for the living , & they encourage learned books as little as learned men . The trade of books is fallen so low since the Presbyterian reign was set up , that our Stationers are thinking either to quit their employments , or to go and live elsewhere , for they have not made the rent of their shops these two years . The Episcopall are not in circumstances for buying and the other crave no other books then Durham on the Canticles and Revelation , Dickson and Hutcheson , Dyar and Gray , These are their Classicall Authors and the standard of their learning : and 't is from those that they take the heads of their Sermons , and the instructions which they tender the people . But tho' learning be not the talent of a Presbyterian , yet they have arrogated to themselves the gift of preaching ; they have the name of Powerfull Soul-searching-Preachers : whereas the Episcopall Ministers are only named dry moral Lecturers , and under this name slouted and abused both in Sermons and pray●rs . So vain were they of this gift of preaching that for some time we had a new Sermon published by them every week ; they thinking thereby to gain and proselite the whole nation , But the Stratageme failed them , nay it prov'd to their prejudice ; for thereby peoples curiosity was diverted from hearing them in the Churches , where they could not expect other than noise and nonsense , seeing there was so much babble & in their printed , & consequently more deliberate discourses . An acquaintance of yours hath made a rare Collection of notes of their Sermons both printed and unprinted . To which I refer you for instances to prove the truth of what I have been saying : The last Sermon that was published came forth the first week of the Ass . The Author is one Mr. James Clark who preached in the meeting house at Dumbar . It was a Sermon ad Clerum ; preached , as was said , at the deposing of the Parson of Old-Hamstocks , which being an extraordinary occasion , something better then ordinary , was expected : but there never appeared a more silly and empty discourse , nor is it possible that you can conceive so meanly of it , as it deserves . It was even far below Mr. Andrew Gray's Sermons . The very Presbyterians whose gust craves no fine things , were ashamed of it . My Lord Czawford to excuse it laid the blame on the Printer and complained of him at the Councill Table , for offering to publish it without a License , alledging also that it was without the Authors consent , and that the Copy was an imperfect uncorrect one , which some ignorant or malicious person had taken from the Authors Mouth : But when the Printer was examined , he produced an Authentick copy from the Author himself , and declared that he revised the sheets as they came from the Press , so the Printer was free of the faults that were in it ▪ and they could be only charged on Mr. Clark , who it 's believed shew'd all the learning and eloquence he was Master of . But it is fit now we return to the Ass . and give you an account of what acts they pass'd for regulating the discipline of the Church for the future . The first of this kinde and the first also of any other that passed in the Ass . was an Act against marriages without publick proclamations ; as also against the private administration of the two Sacraments , Baptisme and the Lords Supper . Mr. Gilbert Rule press'd that the Sacrament of Baptisme might not at all be administred but in publick and after Sermon , and called the private administration not only Superstitious but also Sorcerie and Charming , and said further that the same was contrary to Scripture and Antiquity . Mr Kirkton took him up briskly and said that was disputable , that he could buckle him , or any man upon that point , but would not debate it now . He added that by their rigorous imposition of indifferent things he had lost five men of considerable note the last week , And concluded tho ▪ there were a thousand acts against it , he would rather Baptize in private then suffer the Children to go to the Curates . Some Highland Ministers crayed that they might not be lyable to that act because it was impossible to bring all the Children of their parishes to the Kirks by reason of the vast distance some of their people lived at from them ; but whether they intend to give a dispensation was not expressed . The Moderator to excuse their own practises heretofore said , there was a distinction both of times and places , for , said he , in times of Persecution I think an honest Minister riding on the way , may go into a mans house , Baptize a Bairn and come out and take his horse again . Tho' while they were under restraint , they made no Scruple of baptizing privately the children of those of their own perswasion , yet now they refuse to baptize any except in publick ; nor will they do it but when there is a Sermon : and they are so strict upon the point that they suffer the children to dye rather then slacken their rigour . In the Country the benefit of Baptisme can be only had on Sundays because then only there is preaching ; and if Children cannot live so long they must take their hazard of departing without that sign and Seal of their Salvation . I know a Parish where two or three persons importuned the Minister to baptize their Children publickly or privately as he pleased : but he peremptorily refused to do it on a week-day , tho' they who intended to have been present at the baptisme would have made a competent number for an ordinary Country Sermon , and before Sunday two of the Children dyed : we had lately in this City a more notable instance of the stiffness of their humour in this particular . A Certain Citizen designed to have his child baptized on a week day at the ordinary time of Sermon : he with the Gossips came in time enough to the Church , but because the child was brought in about the close of the Sermon , neither Mr. Kennedy who preached , nor Mr. Erskine the Minister of the parish could be prevailed with to administer the Sacrament to the Infant , but they caused it to be carried home again without baptism . The people generally take this very ill , and are very much displeased with the Presbyterian Ministers on this account . Wherefore to Justify themselves , they frequently preach against the necessity of Baptism , and to talk of it as if it were an ordinance neither necessary nor much to be regarded , and do account the esteem and value which is ordinarily put upon it , and earnest desires the people have after it , to be the dregs and reliques of Popery among us . When a child was brought to Mr. Kirkton he took occasion to shew the Superstition of that Ceremony , and said to the People , you think it necessary to have your Children Baptized , but I tell you ( said he ) I know a good Godly Minister who lived till he was fourscore that was never Baptized all his life time . In the next place , they renewed an Act of a Generall Assembly appointing Pedagogues , Chaplains , Preachers , and Students to take and subscribe the Confession of faith ; and further they Commissionated some to draw up a list of all these acts of Assemblies which were fit to to be observed and put in use , wherein they acted very cunningly , for tho' it be well known that they receive all the acts of Assemblies as if they were Scripture , and pay no less regard to them ▪ yet because some of these incroach upon the power of the Civil Magistrate , Therefore to prevent the Jealousies of the King they would not make a generall Act ratifying and approving them in Cumulo , nor yet would they condemn or censure any of them . But they enforced such as were proper and suitable to the present state of affairs , and waved the declaration of their sentiments concerning the rest . Fourthly , because the Ass ▪ could not sit so long as was necessary to determine all particulars and to give rules and measures for the setling of the Church in this juncture , nor was it sit it should do it ; Therefore they resolved to chuse a Committee who might sit after the dissolution of the Ass . who should have full and Supream Power to Act in all things that related to the Church . It 's said , that this overture was first made by the Moderate men , who thought by this means to reduce affairs to a better temper then the Ass . was like to do , by reason of the many rigid and indiscreet men who were in it . Therefore six were proposed to be a part of this Committee , and to name the other Persons of whom the Committee should consist . Four of these six went under the Character of Moderate men , the other two were of another temper , and were joyned to them on purpose to prevent suspition : But the High flown Brethren soon smell'd out the design , and therefore they first Voted two more of their own side , and because that only put them in aequilibrio , they again got four more to be added , so that they were double the number of the other , and by this means the Committee consisted most part of the strictest and most rigid Presbyterians , Their Names are as follow , For the South . Ministers . John Veith Gab. Simple Gilbert Rule M. James Kirkton John Spalding Michael Bruce Gab. Cuninghame William Erskine William Weir Alex. Pitcairn M. Richard Howison James Veitch Patrick Simpson Mathew Crawford George Campbell James Laurce Archibald Hamilton M. Patrick Peacock Rob. Duncauson John Balandine William Ker Patrick Venier M. John Hutchison William Eccles Neil Gitless M. Andrew Morton Thomas Forrester William Violin M. David Blair Samuel Nairn Elders . Earle of Crawford Earle Sutherland Visc . of Arburthnet La. Halleraig Laird of Ormestone Sir John Hall Sir James Riddel Balife Muir Lairds Balife Macklurg George Stirling Coltness Glanderston Lammington [ Air John Muir provost of Hamilton of Grange For the North. Ministers . John Law Hugh Kennedy M. Will. Crighton John Anderson Alex. Forbes William Legget Robert Rule M. James Frazer Goe . Meldrum Edward Jenuson James Rymer Thomas Ramsay M. Robert Young William Mack Andrew Buey Elders . Ia. Ardbruchill Green know Naughton Meggins Lewchatt Afterwards it being represented that the Visitors for the North were too few , there were added these following Ministers . James Stewart James Vrquhart M. Alex. Dumbar Alex. Frazer Thomas Hog Hugh Anderson William Machay M. Walter Denune Geo. Meldrum at Glasse Arthur Mitchel William Ramsay M. Francis Melvil John Maccullork Elders . Brodie Grant Grange Dumber Eight Colloden Dalfolly Parkhay Sir John Monro Sir George Monro Embo Sir David Frazer M. John Campbell of Moye This Committee was appointed to keep quarterly Sessions viz. on the third Wednesday of January , and the third Wednesday of April , and to appoint afterwards their meetings as often as they shall think fit . That a Quorum should be ten Ministers and five ruling-Elders , and they were allowed to choose their own Moderator , and Clerk. The Instructions prepared for them by the Committee for overtures , were first read and debated on Thursday before the Ass . rose , but they were not agreed to till the Tuesday thereafter . On Munday they were read with some alterations : but Mr. Kirkton and a great many more adhered to the exceptions which they made at the first Reading , and said , that the Alterations were not considerable . He alledged also , that what was then read was not a true Copy of that which the Committee had agreed to , and offered to the Moderator a true double of it , but the Moderator refused it , saying , he knew nothing of the matter : and because the Ass . was not like to come to an agreement at that time , therefore the matter was referred back again to the Committee , and all who had any thing to say about it were appointed to attend them . The next day it was brought back again to the Ass . and concluded ; Mr. Kirkton and some others who press'd alterations being absent . To satisfy your , and my own curiosity I used means to procure a Copy of the instructions , and got them with some difficulty which I here set down . Instructions for the Committee or Commission of the Kirk . First , they are to take into their Cognizance all references and appeals not discuss'd in the Assembly and such matters as have been stated before the Ass . and referred to them , and to discuss and determine the famine . Secondly , they are to give their advice to all Synods and Presbyteries when required , and tho' not required , yet upon information of any irregularity or precipitancy of proceedings in Presbyteries they are to interpose their advice for sisting processes till the next Synod or Ass . When this 2d . Article was read , some asked if the Commission had power to call before themselves any business , and to take the same out of the hands of Presbyteries . To which the Moderator answered , no ▪ but they are only to give their advice , and said he , I think no Presbytery will refuse it , which if they do , it must be Cum periculo , and the Church of Scotland will be free from any imputation of their actings . Thirdly , they are to have power to visit all Ministers in Presbyteries as well Presbyterian as others . Fourthly , they are to purge out of the Church all who upon due tryall shall be found insufficient , Scandalous , Erroneous or supinely negligent . It was moved that the words supinely negligent might be left out , but the same was refused . Fifthly , they are to be carefull that none be admitted by them to Ministerial Communion , or to a share in the Government , but such as upon due tryall ( for which the visitors shall take a competent time ) shall be found to be Orthodox in their doctrine , of competent abilities , having a pious , Godly and peaceable Conversation as becometh a Minister of the Gospel , of an edifying gift , and whom the Commission shall have ground to believe will be faithfull to God and the Government , and diligent in the discharge of their Ministerial duty , and that all who shall be admitted to the Ministry or shall be received into a share of the ●overnment shall be obliged to own and subscribe the Confession of Faith , and to profess their submission and willingness to joyn and concur with the Presbyterian Church-Government . At first it was Presbyterian communion , and only faithful to the Government . Mr. Kirkton said that this Article was a matter of very great consequence , and desired it might be well considered , for in hoc vertitur fortuna Scotia , and complained that there was not one word of the Scandal of conforming , which he said was the greatest of all Scandals . Mr. Frazer of Brae proposed that the clause of repentance might be inserted ; The Moderator answered , that in effect it was there already , if they look't upon the Commissioners as discreet and Judicious men ; for so ( said he ) they will admit none without repentance , for without that they cannot have ground to believe that ever they will be faithfull to the Government . Mr. Kirkton replyed , that they could never be sure of Episcopall Ministers , for many of them ( says he ) has changed three or four times already , and they will do it at every turn : Mr. William Weir moved that they might be obliged to declare that they should neither by advice nor any other way endeavour the alteration of the Presbyterian Government . Sixthly , that they be very Cautious in receiving in Informations , and forming Libels against the late Conformists , and present Incumbents , and that they proceed in the matter of censure very deliberately , so as that none may have just cause to complain of their rigidity , yet so as to omit no means of information , and that they shall not proceed to censure but ▪ upon relevant Libels and sufficient probations . Seventhly , that this Commission do not meddle in publick affairs or in any thing not expressed in their Commission , which is hereby declared to be given them in hunc finem only & pro presenti Ecclesiae statum . Eightly , they shall be answerable , and censurable by the next Generall Assembly , and shall continue till the first of Nov. next , if there be no Generall Ass . before that time . By these Instructions it appears that the Committee was mainly designed against the Episcopal Clergy , who as yet kept their places because of their compliance with the Civil Government ▪ Presbyterians can never be brought to have true kindness for Episcopal Ministers had they never so many recommendations for their parts , piety , or their Interest in the favour of great men . But on all occasions they do draw back from them , and do refuse to concur with them in advancing even the Common ends of Religion and truth . And at this time they not only had an aversion to them on the account of their different principles , but also they were afraid to receive them into their communion , and especially into a share of the Government , because the Episcopal Clergy was double their number , and therefore it was dangerous to admit them , lest by the plurality of their number on some fit occasion they should forge a change of the Government . They considered that the Compliance and submission to Presbyterian Government , which such would give at this time , would not be free and willing , but only out of a necessity to serve the present Turn till they should be better stated : Wherefore either to revenge themselves upon the Enemies of their Government , or the better to secure it , it was from the very first resolved upon to lay aside all Episcopal Ministers , unless they evidently testified a change of mind as well as of outward behaviour . But how to compass this was the difficulty , for a direct Act for this would make their design plain and shew their malice bare fac'd , it would encrease the Clamours and Prejudices of the people , nor could the state in Equity suffer it to pass . The only expedient then was , to do it by some indirect by-blow , by putting something to them which they could not do ; & by this means render them lyable to their censures , or which , if they did , would prostitute their reputation with the people , & turn them odious as men of no Principles , Honesty , or Stedfastness . And as they envyed them their reputation and favour , so they thought if they could bring them to forfeit that , there would be little difficulty in turning them out , neither needed they fear the doing of it as occasion offered . It was observed that the Fasts formerly appointed went ill away with the Episcopal Clergy ; some Ministers would not observe them at all , others would not read the Proclamation appointing them , because of some insinuations which reflected on Episcopacy , and those who complyed with it , and generally the people censured those who read & observed the same . Another Fast therefore more plain and particular then the former was thought the fittest Stratagem for procuring the ruine of the Episcopal Clergy . The motion was no sooner proposed then entertained , and a Committee appointed for the drawing up the reasons of it , which were publickly read in the Assembly Novemb. 11th . When the Clerk had done , the Moderator said , Brethren , this is a Savoury Paper , Indeed it is a most Savoury Paper , and worthy to be heard over again . After a second reading , Mr. Frazer of Brae asked who was to observe the same , whether Presbyterian Ministers or Curates also Brother , said the Moderator , that is not timely stated , for we must first consider the thing , and conclude that , and then we shall consider the persons who shall observe it . Others said , that what Mr. Frazer had proposed ought first to be considered . When they had for some time exercised their wit about the reasons of the Fast , and the way of wording it , the Moderator ask'd the Commissioner if his Grace had any thing to say about it , who answered , yes , and therefore desired it might be delayed till the next day , which was accordingly done : the next day being the 12th . of Nov. the business of the Fast was again brought before the Ass . and the paper containing the reasons of it read with this alteration , that The Declaration , Oaths of Allegiance , Supremacy , and Test , and some such particulars were left out : It would seem that the Commissioners refused to suffer it to pass if these had been expresly mentioned : wherefore to get the Commissioner to condescend to the thing , they dasht out the names : But he is an ignorant reader , and has little skill in spelling who doth not perceive that they are all couch'd & implied . So this day the reasons were approved , and an act pass'd , requiring all persons throughout the Kingdom whether in Kirks or Meeting houses punctually to observe the same . I should detain you too long , if I should give you an account of the reasons here , and pass observations thereon . I chuse rather to send you the paper it self that you may see it and consider it with your own eyes , and at the first view of it you may be convinced how choaking it will be to the Episcopal Clergy , who can neither in credit or conscience observe it ; nor can any who are less interessed in the Episcopal Government go along with it , unless they could be perswaded that Episcopacy , is not only unlawfull but the cause and occasion of much wickedness and impiety , and the setting it up is to apostatize from God , & to make Defection from the truth . None can observe this fast for the reasons enjoyned , but at the same time they must condemn the Church of England and other Protestant Churches , nay the Catholick Church of Christ from the Apostles days down to Calvin . The Ass . understood well enough how contrary the design and reasons of this fast were to the sentiments of those who were commanded to observe it , & that they could not keep it without being guilty of the greatest Hypocrisy and mocking of God : and therefore for them , for their own particular ends to require men thus to mock God and play the Hypocrite , was a horrid and most unjustifiable voice of villany , this shews that they fast for strife and envy , and not to please God , but to ensnare men not to avert the Divine Judgements but that they may have occasion of executing their wrath and malice under the Colour and shaddow of zeal against Sin. With the Act of the Ass . for the fa●● I have sent you also the act of Councill annexing the Civil Sanction to it procured by my Lord Crawford's means : and I desire you to take Notice of the Close of it , where the Observation of the Fast is Urged out of fear of Gods wrath , and after that is subjoyned the highest perils from them , which some said was like the Proclamations of one Borthwi●k sometimes a Bayliff in this City , which were wont to be under the pain of death , and fourty Pound besides . The mentioning of these printed Acts brings to my Memory a passage of the Printer ; Some in hopes of getting gain thereby Petitioned the Ass . for the gift of publishing their Acts. Mrs. Anderson claim'd the priviledge by vertue of a gift from the King to print all publick Acts and Proclamations ; and withall she might have deserved such a savour from them having ever heretofore Favoured their Party , and allowed them the use of her Press for publishing their Pamphlets , and even such as durst not be well avowed . But either because they would have a Printer of their own distinct from the Kings , or that they would not shew kindness to her , who had accession to the guilt of the late Reigns , by printing their sinfull Acts and Proclamations : for one or both these Reasons they denied her the Favour , and bestowed it on George Mosman who represented in his Petition , that he was not only always a true friend to their Interest , but also a sufferer for the Cause . And it 's true he was ever Whig enough , but what his Sufferings were it is not well known , seeing he ever lived peaceably at Edenburgh , and had the freedome of a good trade , whereby he is become Fat every way . Other men lose by their Sufferings , but they gain by theirs even in this life . So Mr. Johnston died two Thousand pound Sterling rich who was not worth forty or fifty pound when he left his charge . Tho' Mrs. Anderson was repulsed by the Ass . yet she would not give over , but next tried her Interest with the Councill , that at least she might have the printing of those Acts which had the Civil Sanction added to them , they being comprehended within her gift . Crawford who thinks all the Acts of the Presbyterians should be like the Laws of the Medes and Persians stood up for Mosman , others pleaded Mrs. Andersons right , it not being in the power of the Councill , far less of the Ass . to take away their right and property or any part of it . But one said smartly , that the Case should be stated not betwixt Mrs. Anderson and Mosman , but betwixt the King and the Ass . whether the King should yield to the Ass . or the Ass . to the King My Lord Crawford thought the first no absurdity , and offered to produce instances of it in former times . But the rest of the Councellors thought they were obliged in Civility to prefer the King , and so Mrs Anderson carried it . I believe I may have wearied you with the length of my Letter , I crave pardon only to add two or three particulars more , and I shall close . The first was , their appointing an answer to be made to the printed accounts of the persecution of the Episcopal Clergy in this Kingdom . At the generall meeting it was laid on Mr. Meldrum who declin'd it . Then it was recommended to Mr. Alexander Pitcairine who did nothing in it . He excused himself before the Ass . in that he knew not the matters of fact and the true Information was not sent him . The Ass . ordered him again to go on in it , and appointed Mr Gilbert Rule , and some others to assist him in the work , and required all the members to furnish them with Instructions proper for it . Mr. Meldrum in a Sermon before the Ass . offered to Justify the barbarities of the Rabble , and the ill usage which the Episcopal Clergy met with , alledging that their errors , vices and scandals deserve no better at the peoples hands : But what Justification & defence will be made by those who are appointed to do it , in name of the Ass : I do not know , but this I am confident , that they will never prove any material circumstance in matter of fact to be false . A Second particular I am to make you acquainted with , is an Act for taking off the sentence of deposition which was pronounced against some Ministers , especially those of the Remonstrators party anno 1660 I told you before that it had been proposed at the General meeting , but was then laid aside by reason of the mistakes that were like to arise among the Brethren about it Now the Moderator who was mainly concerned in the business finding himself a little better stated made an overture of it to the Ass ▪ the day it was dissolved : and to obtain it the more easily , he brought it in by way of a surprize : Brethren , said he , you may remember there were once some unhappy differences among us , which some carried so high as to proceed to inflict the sentence of deposition upon some on that account ; now I think it sit before we part , that this sentence be revoked ; that as we are all one mans bairns so we may be all alike stated . Mr. Gilbert Rule replied , that he judged it better to bury these matters in oblivion , that they could not pass a generall Act for reponing these men without re-examining their processes , which was no ways fit ; & perhaps they would not be found all alike , for some might be deposed for Scandall and other Crimes , and not only for these unhappy heats and differences . The Moderator answered him , Brother there is no need of condescending or particulars , and I believe they will be found all alike , and that they are all very honest men that are concerned : So he named Mr. Wier and some others , and among the rest himself in the third person , saying , There is one Mr. Hugh Kennedy , whom I warrant you ken all well enough . To conclude , the Act passed , the sentence of deposition lying upon these persons was made void , and they declared to be true and lawfull Ministers . And herein truly the Moderators wit fail'd him , for instead of righting himself which he designed , he raised objections against himself which otherwise would have been forgotten ; and by this Act brought an indelible tash both upon his own publick Ministry these two three years , and also upon the present Ass . in that the Moderator and many of its members were both legally and Canonically incapable . Now that they hear this , they pretend that the sentence was taken off formerly , and that the Ass . only ratifyed and confirmed what was formerly done in these mens favour , and that it was usuall to ratify in the first Generall Ass . the Acts of inferiour Judicatories . But as they cannot instance the time nor the meeting in which these persons were reponed , so they never had any proper or avowed meeting for such a business till the Indulgence granted by King James ; and we never heard it so much as proposed before in any of their avowed meetings till the last general one as was already declared ; and either the sentence lying upon these persons was valid or not : If it was not , then what needed such a Solemn annulling of it by an Act of the Generall Ass . But if it was valid , then the Ass , approved of men who were contumatious to the discipline & government of their own Church ; for they received such to be members of the Ass . and also choosed one of that Gang to pr●side in it , whatever may be said as to the deposition of these men , if it was found expedient that the Ass . should pass a verdict on it , it had been prudent and proper to have done it before their admission as members ; and if the Credit of the Ass . had been regarded , they would not have chosen a Moderator against whom there was such a considerable exception ? certainly a less reason may invalidate the Authority of the Ass . render it unlawfull and unworthy to be owned and submitted to . The last particular I shall trouble you with is about the choosing Commissioners to go from the Ass . to the King to make a true representation of their proceedings , to intreat the continuance of his favour , and to vindicate themselves from the aspersions of their enemies . It 's said that Mr. Carstairs whom the king had sent down with letters of instruction to the Ass . expected that they would have honoured him with that trust , but whether it was out of any Jealousy of his conduct or faithfullness or if it was to gratify others who might have had particular designs of their own they passed by Mr. ●arstairs , and gave the Employment to Mr. Gilbert Ride and Mr. David Blair . The first I have often had occasion to mention , the other preached in a meeting house here ; he is said to be not so course but something better Polished than other common Presbyterians : He is Son to Mr. Robert Blair Minister at St. Andrews , who was famous for many things but especially his Civility to King Charles the 2d . when he made him a visit at his own house . Mr. Blair when the King came in was sitting in a Chair , and it seems at the time under a bodily infirmity which both kept him from rising and excused it , when Mrs. Blair ran to to fetch a Chair to the King , he said , My heart do not trouble your self , he is a young man he may draw in one to himself . At last I come to the dissolution of the Assembly , which was talked of severall days before , and actually concluded and resolved upon Nov. 13. Their last Sederunt was in the afternoon , and continued till it was night . There they debated the calling of another Ass . and the time of its sitting ; some were for one month , some were for another , and there were few months of the year but was favoured by one or other as sittest for an Ass . In the midest of these debates among themselves , the Commissioner ( whose advise they never sought in the affair ) stood up and dissolved them in the Kings name , and by the same Authority called and appointed another to meet on the first of Nove. next to come , 1691. The Assembly was Surprized with this , but it would seem they thought not fit to call it in question , therefore they submitted : and all was concluded with a prayer and Psalm : The Psalm they Sung was the 133. Thus ended our famous Assembly : an account whereof I have given you as fully and exactly as I could : I was not overhasty to believe any information till I found it confirmed by two or three others : If I be mistaken in some small circumstances , which the best Historians may erre in ; I am sure no material falshood can be charged upon me , Let it be no prejudice against the truth of my relation , that I sometimes appear no friend to the Party ; but tho' I be not , I will not willingly and wittingly lye upon them . I need not assure you of my ingenuity who knows that I hate to utter a lye , either for advancing the best cause or destroying the worst . But I confess I can hardly bridle my passion when I consider the errour and injustice , the unreasonableness and Hypocrisy which these people are guilty of , who if you will take their word for it are the only true Godly , and who only have a sense of Religion and the practise of it : but I am confident neither Church nor Religion will prosper till that Spirit be cast out which possesses them . I pray God convert them , and let out much of his Spirit upon them , and all others , that our Land may have peace , and that the divisions of our Church may be healed ; that our Confusions may be wholly removed , and order and good Government restored , and that the worship of God may be duly and decently performed as may best tend to the advancement of his Glory , and the good and Edification of the Souls of his people , with this prayer for the Church , and my hearty wishes for your self , I take my leave at this time . December 1690. FINIS . INFORMATION FOR THE Heritors , Elders . &c. OF THE PARISH of PEEBLES ; Against M R. WILLIAM VEATCH . THE late Mr. John Hay Minister of the Gospel at Peebles , being by Bodily Pain and Sickness utterly disabled for the publick Exercise of his Ministry , and apprehending the time of his Departure to be approaching ; Out of a deep concern for his Flock , after the Example of good and faithful Pastors in all Ages , resolved to look out for a Successor ; And for that effect , wrote to the Duke of Queensbery , ( then undoubted Patron of the Parish of Peebles ) to nominate some Able and Godly Minister , who might assist him as a Helper during his Life , and to whom he might recommend and leave his Charge at his Death . His Grace being well satisfied with so Pious a desire , remits the choice to himself , whereupon he calls and invites Mr. Robert Knocks , one of the Ministers of the City of Glasgow , who having accepted the Call , and to the great Comfort of the Pastor and People , served the Cure for sometime : The sick Man had his peaceable Exit in the Lord , solacing himself in this ; That he had not left his Flock as Sheep without a Shepherd ; Immediately after whose Decease , the Heritors , Elders , and Parochioners , did apply themselves to the Duke's Factor , to Petition the Duke then at London , and to acquaint him , that they Unanimously desired Mr. Robert Knocks to be their Minister , in place of the deceast Mr. John Hay , which accordingly the Duke agreed to , and ordered Mr. Knox to continue in the Exercise of his Ministry there . And thereafter upon the 17th of November 1689 , being the Lord's Day after Sermons , the Session being sitting , and the Duke's Letter read unto them , the whole Heritors , Elders , and Parochioners then present , did Unanimously and Cheerfully receive the said Letter and Nomination , and promised to Mr. Knox all the Encouragement that could be expected from a Dutiful People ; And the Session did order the Lairds of Haystoun , and Halkshaw , William Plenderleith , John Hope , and John Gevan , late Provosts of Peebles , to wait upon the Duke at his Return , and give him Thanks in all their Names for his care of them . After which time Mr. Knox having all the right to be Minister at Peebles , which the state of the Church could then admit of , viz. Designation and Appointment of the Patron , with the Consent and Concurrence of the Heritors , Elders , and by far the greatest and most substantial part of the People , and wanting only the formality of an Induction or Institution , in regard there was no Legal Ecclesiastical Judicatory then in being to confer it on him , continued in the free and peaceable Exercise of his Ministry , until the sixteenth of February 1690 , when some violent Interruption being offered unto him by a Company of Unruly People , as he was coming to the Church on the Lord's Day in the Morning ; the Heritors , Elders and People as aforesaid , were so much concerned , that by an express Obligation subscribed under their Hands , they declare their Resolution to adhere to the said Mr. Knoks as their Minister ; And Commissioned some of their Number to pursue that high Riot , before the Most Honourable Lords of their Majesties Privy Council ; Upon whose Complaint and Application , the Lords of Council finding Mr. Knox to have good Right to serve the Cure at the Church of Peebles , did justly punish the Author of the Tumult , and oblige the Magistrates of Peebles , to take such care of the Peace , that there might be no Interruption offered to him for the Future , and thereafter he enjoyed his Ministry comfortably and peaceably , until the Presbytery having as would seem by all their posterior Acts , resolved to Thrust him out , and obtrude another on the Parish , did by their Act of the 24th of July last at Kirkurd , without ever examining his Right and Title , or giving him any Citation , Proceeding upon a false Supposition , as if he had possest himself wrongously of the Church , required him to forbear Preaching , till he should be allowed by them . The Extract of which Act , being delivered to him by the present Provost of Peebles most unseasonably upon the Lord's Day thereafter , just as he was going to the Pulpit ; he taking it as the Act plainly bears , to be only a Temporary restraint , till such time as he should apply himself to the Presbytery for their Allowance , did patiently and pleasantly obey it , taking his seat among the Auditors , while the Provost fetcht a Minister from the Meeting-House to Preach in the Church , who after Sermons by an Order ( as he said ) from the Presbytery , surprized the Parish , by declaring the Church to be vacant , for the supply of which pretended Vacancy , the said Presbytery sent Mr. Robert Eliot one of their own Number , upon the 24th of August being the Lord's Day , to Preach and hold a Meeting for the calling of one Mr. William Veatch ; Which Meeting being called after Sermons , the Heritors , either by themselves , or their Proxies , together with all the ordinary Elders of the Parish , and the generality of the whole People , Compeered and Protested against the calling of Mr. Veatch , appealing from the Presbytery to the next Provincial , or General Assembly that should happen to be , promising to give in the double of their Protestation and Appeal , with the Reasons thereof to the Presbytery the first Day of their Meeting ; whereupon they took Instruments . The said Mr. Robert Elliot in a strange and unbecoming Heat and Transport , insolently presuming to take Instruments against them in the Name of Jesus Christ , and without any regard to their Protestation , he with his Associates proceeded to Nominate so many pretended Commissioners , to go the next day with Mr. William Russel who was sent by the Presbytery , and in the Name of the Parish of Peebles , to offer a pretended Call to the said Mr. Veatch , among which Commissioners the notorious Villain Beatty , who occasioned the former Tumult , was one , who for his horrid Prophanation of the Lord's Day , and villanous Attempt thereupon against Mr. Knox , had been lately and deservedly punished by the Privy Council , to which Call , albeit only signed by Cardronno , who has but small Interest in the Parish , and two or three mean Heritors who have but two Aikers of Ground a piece almost , Mr. Veatch cordially imbracing , came and presented it to the Presbytery of Peebles , at and within the Chappel thereof upon the 〈◊〉 day of September following ; The which day and place , the Heritors &c. by themselves and their Proxies , compeared and gave in their Protestation and Appeal in Writing , with the most grave and weighty reasons thereof , viz. That the Church could not be reputed vacant , Mr. Knox who had beside Possession , a good Right and Title thereto , and to whom they were firmly resolved to adhere , not being either Deposed , or Deprived , but only Inhibited for a time , by the Act of the Presbytery , and his Right not examined , and discussed either by the Presbytery , or any other competent Judicatory ; And suppose the Church had been vacant , as it was not ; Yet the said pretended Call of Mr. Veatches was ipso facto void and null , in regard of several essential Defects and Informalities of it , such as the Call had not been made in a Regular way by a publick meeting of Heritors , Elders , and Town Council , but by private subscriptions , which the Magistrates of Peebles by menaces and promises had secretly collected from a multitude of Persons legally uncapable of any vote in the Election ; Some of them having no interest at all in the Parish . That there were none of the Elders consenting thereunto , and of a multitude of considerable Heritors in the Parish , only two or three petty and obscure ones consented . All which reasons are more fully exprest in the Appeal , whereupon they took Instruments , but the whole Presbytery ( except an Old Grave Man who dissented all along ) taking no notice thereof , nor to vouchsafe in the least any Answer thereto , accepted of and sustained the aforesaid pretended Call , exhibited unto them in favours of Mr. Veatch , Ordering an Edict to be serv'd for him the next Lord's Day ; which Edict being returned to the Presbytery , upon the 17th of September , and called at the Chappel door , compeared again the Heritors , Elders , &c. and Declared their Adherence to their former Protestation and Appeal , with the whole Reasons thereof , and subjoyning some more pregnant Reasons thereto ; viz. That the said Mr. Veatch was a person utterly unknown to them ; and that they ought not to be constrained with an implicite Faith , to intrust the care of their Souls to a Man of whom they had no competent knowledge ; Yea , that he was a Stranger to the Presbytery it self , and that they had never been at the pains to hear him Preach ; that they might judge of his Qualifications for so eminent a place ; that the little Tryal the Parish had of him in two or three Sermons , they were in their private Judgement of Discretion not well pleased with his way of Preaching , for several Grave and Weighty Exceptions which they had ready to produce . That for the prospect of a more lucrative place , he had by indirect methods got himself loosed from other Calls , that he might force himself in upon the Parish of Peebles . And finally , that the Presbytery had in many instances behaved themselves very partially in this whole Affair , for all which Reasons more amply enlarged by them at that time , and contained in their Instruments ; They did de novo Protest and Appeal against any further Procedure of the Presbytery upon the said Edict , giving in a Copy of this their new Appeal , with the Reasons of it , and taking Instruments thereupon , in contempt of which repeated Appeals , with the most irrefragable Reasons thereof ; the Presbytery having determined before hand to institute Mr. Veatch ; and for that effect ingaged Mr. Robert Elliot to Preach at his Institution , proceeded the very next day , being the 18th of September , actually to Institute him , in most Illegal and Disorderly way , contrary to an express Act of the General Assembly , holden at Glasgow , December 17. 1638. Whereby it is expresly provided , That no person be obtruded into any Office in the Kirk , contrary to the will of the Congregation . At which pretended Institution , there were none of the Heritors of any worth , or esteem , nor of the standing Eldership of the Parish , ( and excepting the present Magistrates , ) none of the substantial Parishioners ; Yea , in proportion of the Body of the Parish , few at all to Accept of or Imbrace him ; in so much that it 's informed , Mr. Elliot publickly expressed his grief , That there were so few honest Men in the Parish to receive their Pastor . In Respect of all which , and that the Heritors consenting to Mr. Veatch his Call , are but very few , and against severals of whom there are Competent and Relevant Exceptions ; viz. That some of them are not Heritors , and others by promise of case of their Stipends , and some by Threatnings if they did not consent ; And that the Heritors who have protested against the said Call , are not only the most considerable Heritors , and have the most considerable Interest in the Parish , but are double the number of the other , beside the whole Eldership . It is therefore hoped , That his Grace , His Majestie 's High Commissioner to the Assembly , the Right Reverend Moderator , and the Reverend Brethren of the General Assembly of the Kirk of Scotland now sitting , May Examine , and take into their Grave and Godly Consideration , the whole Progress of this Affair , together with the Parishes Protestations and Appeals , which they Humbly Crave may be publickly Read , hoping by their Pious Wisdom , to have their Lawful Pastor restored unto them ; And in Order thereunto , to be relieved of such an Illegal Intruder , who upon many Accounts has rendered himself unfit to be continued in such a Charge , particularly , because being conscious to himself of the weakness and Insufficiency of his Call , partly by his own Solicitations , partly by other undirect Motions , he did influence some few Heritors of Note , to sign it after an Edict had been served thereupon ; Again to shake himself Loose from the Calls , which were Referred to the Synod of Kelso , he had prevailed with some of his Friends , to Represent his Call to Peebles , as the effect of an immediate and Extraordinary Providence , which they did so flourish out in the several Circumstances , that it might appear equivalent to a voic● from Heaven , which he ought not to disobey . Whereas it can be evinc'd , by clear Evidences , That it was a Draught and Design of Men , carried on underhand for a considerable time . And it is left to the Assembly to judge what a gross Hypocrisie and Abuse of the Sacred Name of Providence , it is to pretend an immediate hand of God , to the Cobweb-Plots and Contrivances of sinful Men ; Sure , for as well as this Providence was painted forth to gain this point before the Synod , there were some of that Meeting , who could see thorow the vanity of that Pretence ; And in special , one Grave and Wise Member , could not let it pass without a tart Reflection on it ; Siklike , upon the day of his Admission , he was not afraid publickly to take God to witness , that no prospect of a great Benefice had induced him to come to Peebles , whereas it transcends the comprehensions of the most vast and extensive Charity , to fancy what other motive could prevail with him , to reject Calls of People that were Zealous and Unanimous for him ; and thrust himself in upon a Parish who desired him not , and can expect no Spiritual Comfort from his Ministry . And finally , He has since that time imposed conditions of admitting Children to Baptism in that Parish , which neither the Law of the Land , nor the late General Meeting of this Church has warranted him to do ; whereupon several Persons were necessitate to take their Children to be Baptised by others , and some have taken Instruments against him . And not a few Infants have been in apparent Danger of Dying without Baptism , to the great grief of their Parents ; Among whom were weak Twins belonging to one of the late Magistrates . All which can clearly be proved against him , together with several other Articles which they have to produce , and can prove , competent time being allowed unto them for the Citation of Witnesses , but which they have hitherto forborn to make use of , out of tenderness to his Character , and will always forbear till they be constrained to take this last Remedy . This is the exact Copy of the Information and Petition given in by Mr. Heriot , Minister of Dalkeith , in Print , to the Privy Council at Edenburgh . INFORMATION FOR Mr. ALEXANDER HERIOT , Minister at DALKEITH . In Relation to the Label against him , before the Presbytery at Dalkeith , and the Sentences thereon . And Petitions to the Lords of Their MAJESTIES Privy Council . The Appeal given in by the said Mr. Alexander Heriot to the Synod of Midlothian , containing a short Information of the Progress of that Process , to that time , is as follows . MOderator , Being conscious of my Innocence , and finding my self Wronged , and Injured , I here appeal from this Synod , to the first General Assembly , when it shall meet ; and in the mean time to their Majesties Protection , for Justice and Relief ; And since the Law allows the Liedges a competent time to give in the Reasons of their appeals , I here Protest within Twenty four hours , to give in the Reasons of this my appeal to your Clerk ; And withall , I protest that this be Recorded by him . And upon all I take Instruments . The Reasons of Appeal of Mr. Alexander Heriot Minister at Dalkeith , from the Synod of Midlothian , to the next Lawful General Assembly , And to their MAJESTIES Protection for Justice , and Relief in the mean time . THERE being an Indictment given in to the Presbytery of Dalkeith against the said Mr. Alexander Heriot , and the Libel bearing it to be given in in the Name of the Parochiners , the said Mr. Alexander Heriot and Parochiners compeered , and craved that his accusets might be named to him , and that they might subscribe their Charge against him ; And that in regard that the said Heritors and Parochiners did not only Viva Voce , but by a Writ under their Hands Disclaim and Disown it , except Alexander Calderwood , and a few others , ex faece populi . And albeit no Libel ought to be admitted without a Pursuer ; Yet the Presbytery refused to condescend upon the Ingivers of the Libel , or to ordain them to own and subscribe it . Like as , none had the Confidence to own it , except the said Alexander Calderwood , who sat among them as one of the Ruling Elders , and who is notourly known to be the said Mr. Alexander Heriot's declared Enemy ( although without cause ) and who invented and reported most false Calumnies against him , of which when he was challenged , his answer was , That whether they were true or false , he had thereupon taken two hundred of the Parochiners from his Communion ; Mr. Heriot declined him as Judge in this matter , wherein he both informed and accused ; which not only consisted in the knowledge of the Presbytery ( who had no other Information but his ) but which was likewise offered to be proved by his Oath ; yet notwithstanding thereof , against all Law , Reason , and good Order , the Presbytery would not remove him , but allowed him to fit as one of Mr. Heriot's Judges , and appointed him one of the Examinators of the Witnesses : and he forgetting that station , informed and tampered with some of them , and threatned others , as to what they should depone ; and the Witnesses being overawed and interrupted in their Examinations , and not allowed to declare the whole Truth in complext matters of Fact , whereby the Depositions may be lame and weak , and carry a quite contrary meaning of the Truth , of what the Witnesses offered to depone ; And some of the Witnesses having desired that they might see and read their own Depositions before they subscribed them , the same was absolutely refused , with this Expostulation ; What ? do you distrust us ? and do you question our Clerk's honesty ? And thus they caused these Witnesses subscribe what was written , so that there may be left out the material parts of their Depositions , which cleared their Ministers . And not only are there several Articles of the Libel , which are not upon these Heads , to which the Trial of the Regualr Clergy is restricted by Act of Parliament , and which are in themselves alterius sori , but likewise there was an additional Libel raised against the said Mr. Alexander , and without any Citation given to him thereupon , or Copy , Sight or Notice given to him thereof ; Witnesses are examined , than all which there can be nothing in judicial Procedures more Partial , Pernicious , and Unjust . And Mr. Alexander Heriot having appealed from the Presbytery to the General Assembly , the Presbytery notwithstanding thereof proceeded , and found the Libel Valid , and Proved ; and therefore , and in regard of Mr. Heriot's Contumacy ( as they termed his Appeal to the General Assembly , which sat in October last ) they suspended him from the Ministry , and referred him for further Censure to the General Assembly . But the General Assembly having found no Contumacy in the Appeal , they referred him back again to the Synod . And now the said Mr. Alexander does again Appeal from the Synod , and from any Sentence they shall give in this Matter , to the next lawful General Assembly , and in the mean time , to Their Majesties Protection for Justice and Relief . For thir Grounds and Reasons . First , There being a Petition given in by the Heritors and Parochiners of Dalkeith to the Synod , attesting , the said Mr. Alexander his Faithfulness in the Ministry , and his Innocency as to the things Libelled against him ; and craving , that according to the Act of Parliament , the Depositions of the Witnesses might be made parent , that they might be the better Redargued ; yet the Synod suffered not the said Petition to be read . Secondly , The said Mr. Alexander having represented to the Synod the foresaid Procedure of the Presbytery against him , and having craved that the Depositions of the Witnesses , might be read before him , and that he might have a Copy of the Aditional Libel , which he had never seen ; and that conform to the Act of Parliament , the Depositions of the Witnesses might be made patent to him , to the end that he might have a Copy thereof , to the effect he might the better clear himself , from any thing that may seem to be deponed against him ; yet notwithstanding thereof , ( and contrare to Law ) the same was also refused by the Synod , and undoubtedly for this Reason , That the Probation was weak , and might not abide the Light nor Trial , for Veritas non quaerit Angulos . Thirdly , The said Mr. Alexander represented to the Synod , That he was informed that one of the Articles deponed against him , was , That he should have danced about a Bonfire the 14th of October 1688 ; And that the same was the only Article proved against him , which he instantly redargued , for the said 14th day of October 1688 fell upon a Sunday , and that the Witnesses and whole Inhabitants of Dalkeith cannot but declare , that there was never Bonfires at Dalkeith upon a Sunday , so that they deponed flalsly . And the Dancing about a Bonfire being so publick an Act , that not only the Witnesses that have deponed it , but likeways many others would have seen it , and all the Inhabitants of Dalkeith would have heard of it , if it had been true : Yet notwithstanding thereof , all the Neighbours to that Bonfire , and whole Inhabitants of Dalkeith will declare and depone , that they neither saw nor heard of their Minister dancing at that , or any other Bonfire ; yet notwithstanding of that clear Conviction , and redarguing of that Article , the Synod had no regard thereto , affirming that there was no help for it now , it being so deponed , which is no other thing than as if they had said , that they were not concerned tho' it were false , for it was so deponed ; and which is so consequential to a clear and positive Redarguing , and Improbation of the Article , and Probation thereof , that the prejudice and design of the Synod to proceed against the said Mr. Alexander upon whatever was alleadged , altho' without Probation , or upon a Redargued Probation , is evidently manifest . 4thly . The said Mr. Alexander represented to the Synod , that he had formerly appealed from the Presbytery , and that it was but too evident from what is above narrated , that they were Party against him . And which was further demonstrate from this , That the said Presbytery and Alexander Calderwood , did in face of the Synod not only interrupt the said Mr. Alexander when he was speaking ; but likeways debated and reasoned against him as his opposite Parties , so that it could not be expected , but that they would do more when he was removed out of the Synod , and therefore the said Mr. Alexander declined the Presbytery , and Alexander Calderwood as his Judges , and craved that they might not sit to judge him ; yet notwithstanding thereof , against all Law and Justice , they were not removed . 5thly . Several Members of the Synod interrupted the said Mr. Alexander , while he was vindicating himself , in the face of the Synod , and craving a sight of the Additional Libel , and Deposition of the Witnesses ; And cried out , That the same should not be granted to him , as if every one of them had had a Decisive Voice , and which is without Example in any Judicatory , for any of the Judges to interrupt the Defenders speaking , and to cry out their Opinion , or rather Sentence , before the Defender be removed ; and which openly discovers their Prejudice , Design and Resolution of proceeding against the said Mr. Alexander , altho' without just cause . 6thly . The Prejudice and design of the Synods proceeding against the said Mr. Alexander , on the said lame , weak , and null probation , is evident , in so far as several Members of their Number did speak and deal with him to demit , or that otherways they would depose him . And there is nothing more certain , than that they would never have Dealt with him to demit , if the Probation against him had been good ; Their malice to the Regular Clergy being such , as that they would rather Depose them for Immoralities , and Errors in Doctrine , to expose them , than suffer them to Demit , and get off without stain , when they are guilty of the same . But Mr. Alexander being Conscious of his own Innocency refused to Demit , but rather to suffer their Extremity , from which he hoped GOD in his good time would Vindicate him . And therefore it being evident from the Grounds foresaid , that the Synod has behaved themselves most partially , and against all Law and Form : The said Mr. Alexander does therefore Protest against the Synods further Proceeding in the said Matter , and appeals from them , and from any sentence they shall give therein , to the next lawful General Assemblie ▪ And to their MAJESTIES Protection , for Justice , and Relief in the mean time ; And Protests , That the said Libels , and Witnesses Depositions taken thereupon , may be preserved , and not put out of the way , That so the ●●me ( and not Copies thereof ) may be produced to the next General Assembly ; Or to any their Majesties shall be pleased , out of their Royal Authority , to appoint to consider the same : And that as the said Mr. Alexander will publish and disperse his Appeal , and his Answers to the first Libel ; Which he only did see for his own Vindication from any sentence that shall follow hereupon ; So he expects , and earnestly Desires , that the said Synod may Print both the Libels against him , and Depositions taken thereupon , for vindication of their Justice , ( if they can conceive they have done right : ) But which Mr. Alexander hopes will rather vindicate his Innocency . And further , Mr. Alexander Craves , and Protests , That this his Appeal may be insert in the Books of the Synod . Notwithstanding of the Appeals foresaid , the Synod proceeded , and Deposed the said Mr. Alexander from his Ministry , and thereupon the Eldership of the Parish was invaded , and some few ( severals of them scarce worth to be noticed as Residenters ) have usurped the power of electing Elders , and have elected many moe than the number formerly used , purposely as they think , to make the greater Figure ; altho' but of the most inconsiderable of the Parish ; and of Design to Call , Impose , and Obtrude a Minister upon the Rest against their will , contrary to the Laws of Charity , Practices of Christian Churches , and profession of Presbyterians . Notwithstanding that the said Mr. Alexander Heriot his Appeal does in Law preserve his Right , and keeps all in statu quo , the time of the Appeal , while it be discust . Whereupon , not only the said Mr. Alexander Heriott , but likewise the Heritors and Parishioners of Dalkeith have given in a Petition to the Lords of their Majesties most Honourable Privy Council , That they may be pleased to forbid the Calling of a Minister until the Appeal be discust ; And that in the mean time , he may be restored to the Exercise of his Ministrie . And that the Presbytery of Dalkeith ; And others who had the Libels given in against him , and Depositions of the Witnesses , may make the same known to him , as Law appoints ; That he may know what is libelled , or may seem to be proved , to the effect he may the better clear himself of the same , which is nothing but false lies and calumnies : And whereof several of the Presbyterian Ministers , who have seen the Libels and Depositions , Affirm , that there is nothing pretended to be proved , But the dancing about the Bon-Fire ; which is not only clearly redargued to be false as said is , there being no Bonfires either on the foresaid day , nor for several months either before or after ; But likewise if the persons who have deponed it were known , and re-examined , it will be found , they have deponed falsly ; And that they have been dealt with so to Depone ; And that this Falshood may not be discovered , not only are the Depositions kept up , contrary to express Law and Acts of Parliament ; But likewise , no notice can be gotten who were the persons who have deponed it , that they may be insisted against . Whereas it is pretended , That the Lords of their Majesties Privy Council , are not Judges competent to the sentences of Ecclesiastick Courts , and that as they cannot put in Ministers in Churches , so they cannot meddle with sentences of Depositions . It is answered , That by the 1. Act 8 Parl. Ja. 6. It is Statute and Ordained , That his Majestie , and Council shall be Judges competent , To all Persons Spiritual and Temporal , in all matters . And to pretend , that the Council is not Judge competent to sentences of Ecclesiastick Courts , is no other them to affirm , That these Courts have an Arbitrary power , and may do wrong at their pleasure without Remeed or Control . For it is evident , That Mr. Herriott is most unjustly pursued and Deposed . And it is also evident , that if it be not Redressed by the Council , he will never be Restored by those Ministers , who have dealt so unjustly with him . And whereas , it is alleaged , That as the Council cannot put in Ministers , so they cannot meddle with sentences of Deposition . It is answered , That the Council has not the power of Admission and Ordination of Ministers . But if a Minister having a lawful Call , the Presbyterie should refuse to admit and Ordain him , albeit they have nothing to object against him , upon Application to the Council or Session , Letters will be directed to Charge the Presbyterie , to Admit and Ordain him , but multo magis in this case , where a Minister is Deposed from his Ministrie , as likewise from his Benefice , ( which is his Livelyhood and Maintenance ) and yet most unjustly , and without Ground or Reason ; The Council is most proper Judges , for Restoring him against the foresaid Oppression , Injurie , and Unjust Sentence . And for a further evidence of this unjust Sentence , it is Humbly desired , that the Lords of Their Majesties Privy Council will be pleased to take notice , That in the first Libel there are many Articles which are not to be admitted in Law ; And it is said , that there is none of them proved , but the Dancing about the Bonfire : And yet the Presbytery by their Sentence , found the Libel Relevant and Proved , which must be understood as to the whole Articles of the Libel complexlie , than which there is nothing more false , as will appear by the Libels and Depositions , if they were produced . And yet thereupon Mr. Heriott is first suspended by the Presbytery , and referred by them to the General Assembly for further Censure , as if great Immoralities in Life , and Errors in Doctrine , had been proved against him . And the Synod ( to which the Assembly remitted him ) following the steps of the Presbytery , deposed him . Now when Presbytery and Synod , have acted thus contrary to express Law , and have done open and manifest Unjustice ; ( and whereof all that heard of it are convinced and sensible ) And having stated themselves Parties against him , there can be no Remedy expected from the said Unjustice , Injury , and Oppression , unless the Lords of Their Majesties Privy Council interpose their Authority . If it be alleaged , That the late Act of Parliament , The Act of Supremacy in Church matters is Repealed ; It is answered , That the Act of Parliament 1669 is Rescinded , which extended the Supremacy , to the Ordering and Disposal of the External Government and Policy of the Church , and to the Enacting of Constitutions , Acts , and Orders in the Church . But the foresaid Act of K. Ja. 6. his 8 Parliament , is not Rescinded , which is only as to the Judging of Ecclesiastick Persons in matters complained upon ; and which power is inherent in the Crown , otherways there should be Regnum in Regno ; and Church Judicatories should have arbitrary Power , without Redress or Control , as said is . In Regard whereof , The Lords of Their MAJESTIES Privy Council are Judges Competent , to this Injurie , Vnjustice and Oppression ; And the Desire of the Petitions ought to be Granted . ACT of the General Assembly , anent a Solemn National Fast and Humiliation , with the Causes thereof . At Edinburgh , November 12. 1690. Postmeridiem , Sess . 25. THE General Assembly , Having taken into their most serious Consideration , the late great and general Defection of this Church and Kingdom , have thought fit to Appoint a Day of Solemn Humiliation and Fasting , for Confession of Sins , and making Supplication to our Gracious God , to forgive and remove the guilt thereof : In order whereunto , they have Ordained the Confession of Sins , and Causes of Fasting following , to be duly Intimat and Published ; Recommending it most earnestly to all persons , both Ministers and others , That every one of us may not only search and try our own hearts and ways , and stir up our selves to seek the Lord ; But also in our Stations , and as we have access , Deal with one another , in all love and tenderness , to prepare for so great and necessary a Duty , that we may find mercy in God's sight , and He may be graciously reconciled to our Land in our Lord Jesus , and take delight to dwell among us . Although our gracious God hath of late , for his own Names sake , wrought great and wonderful things , for Britain and Ireland , and for this Church and Nation in particular ; Yet the Inhabitants thereof have cause to remember their own evil ways , and to loath themselves in their own sight for their Iniquities . Alas ! We , and our Fathers , our Princes , our Pastors , and People of all Ranks have sinned , and have been under great Transgression to this day : For though our gracious God shewed early kindness to this Land , in sending the Gospel amongst us , and afterward in our Reformation from Popish Superstition and Idolatry ; and it had the Honour , beyond many Nations , of being after our first Reformation , solemnly devoted unto God , both Prince and People , yet we have dealt treacherously with the Lord , and been unstedfast in his Covenant , and have not walked suitably to our Mercies received from him , nor obligations to him : Through the mercy of God this Church had attained to a great purity of Doctrine , Worship , and Government , but this was not accompanied with suitable personal Reformation , neither was our Fruit answerable to the pains taken on us by Word and Work ; We had much Gospel-preaching , but too little Gospel-practice ; too many went on in open wickedness , and some had but a form of Godliness , denying the power thereof ; many also who had the Grace of God in truth fell from their first love , and fell under sad languishings and decays ; and when for our sins the anger of the Lord had divided us , and we were brought under the feet of strangers , and many of our Brethren killed , others taken Captive and sold as slaves , yet we sinned still , and after we were freed from the yoke of strangers , instead of returning to the Lord , and being led to Repentance by his goodness , the Land made open Defection from the good ways of the Lord : many behaved as if they had been delivered to work abomination , the flood-gates of Impiety were opended , and a deluge of wickedness did over-spread the Land , Who can without grief and shame remember the shameful debauchery and drunkenness that then was ? And this accompanied with horrid and hellish cursing and swearing , and followed with frequent Filthiness , Adulteries , and other Abominations , and the Reprover was hated , and he that departed from Iniquity made himself a reproach or prey . And when by these , and such like corrupt practices , mens Consciences were debauched , they proceeded to sacrifice the Interest of the Lord Jesus Christ , and Priviledges of his Church to the lusts and will of men ; The Supremacy was advanced in such a way , and to such an height , as never any Christian Church acknowledged ; the Government of the Church was altered , and Prelacy ( which hath been always grievous to this Nation ) introduced , without the Churches consent , and contrair to the standing Acts of our National Assemblies , both which the present Parliament hath ( blessed be God ) lately found ; And yet nevertheless , of the then standing Ministry of Scotland , many did suddenly and readily comply with that alteration of the Government , some out of Pride and Covetousness or Man-pleasing , some through infirmity or weakness , or fear of Man , and want of Courage and Zeal for God , many faithful Ministers were thereupon cast out , and many Insufficient and Scandalous men thrust in on their Charges , and many Families ruined , because they would not own them as their Pastors . And alas ! It is undenyable , there hath been under the late Prelacie , a great decay of Piety , so that it was enough to make a man be nicknam'd a Phanatick , if he did not run to the same excess of riot with others . And should it not be lamented , for it cannot be denyed , there hath been in some a dreadful Atheistical Boldness against God , some have disputed the Being of God , and his Providence , the Divine Authority of the Scriptures , the Life to come , and Immortality of the Soul , yea and scoffed at these things . There hath been also an horrid Prophanation of the Holy and Dreadful Name of God , by Cursing and Swearing : Ah! there hath been so much Swearing and Forswearing amongst us , that no Nation under Heaven have been more guilty in this than we ; some by swearing rashly or ignorantly , some falsly , by breaking their Oaths , and imposing and taking ungodly and unlawful Oaths and Bonds whereby the Consciences of many have been polluted and seared , and many ruined and oppressed for refusing and not taking them . There hath also been a great neglect of the Worship of God , too much in publick , but especially in Families , and in secret . The wonted care of Religious sanctifying the Lord's Day is gone , and in many places the Sabbath hath been , and is shamefully prophaned . The Land also hath been full of bloody Crimes , and Cities full of Violence , and much innocent Blood shed , so that Blood touched Blood ; yea , Sodoms sins have abounded amongst us , Pride , fullness of Bread , Idleness , Vanities of Apparel , and shameful sensuality filled the Land. And alas ! how great hath been the Cry of Oppression , and Unrighteousness , Iniquity hath been established by a Law , there hath been a great perverting of Justice , by making and executing unrighteous Statutes and Acts , and sad persecutions of many for their Conscience towards God. It is also matter of Lamentation , that under this great Defection there hath been too general a fainting , not only amongst professors of the Gospel , but also amongst Ministers ; yea , even amongst such , who in the main things did endeavour to maintain their Integrity , in not giving seasonable and necessary Testimony against the Defectons and Evils of the Time , and keeping a due distance from them , and some on the other hand managed their Zeal with too little Discretion and Meekness . It is also matter of Humiliation , that when Differences fell out amongst these , who did owne Truth , and bear witness against the Course of Defection , they were not managed with due Charity and Love , but with too much heat and bitterness , injurious Reflections used against pious and worthy men on all hands , and scandalous Divisions occasioned , and the success of the Gospel greatly obstructed thereby , and some dangerous Principles drunk in : And after all this , there were shameful advances towards Popery , the Abomination of the Mass was set up in many places , and Popish Schools erected , and severals fell to Idolatry . And though the Lord hath put a stop to the Course of Defection , and of his great mercy given us some reviving from our Bondage ; yet we have sad cause to regrate and bemoan , that few have a due sense of our mercy , or walk answerable thereto , few are turned to the Lord in truth , but the wicked go on to do wickedly , and there is found amongst us to this day shameful ingratitude for our mercies , Horrid impenitency under our sins , yea , even amongst those who stand most up for the Defence of the Truth : and amongst many in our Armies , there is woful Prophaneness and Debauchery . And though we profess to acknowledge , there can be no pardon of Sins , no Peace and Reconciliation with God , but by the Blood of Jesus Christ ; yet few know Him , or see the Necessity and Excellency of the Knowledge of our Lord Jesus Christ ; few see their need of Him , or esteem , desire , or receive Him , as he is offered in the Gospel ; few are acquainted with Faith in Jesus Christ , and living by Faith on Him , as made of the Father unto us , Wisdom , Righteousness , Sanctification and Redemption ; and few walk as becometh the Gospel , and imitate our Holy Lord in Humility , Meekness , Self-denial , Heavenly-mindedness , Zeal for GOD , and Charity towards Men : But as there is even until now , a great contempt of the Gospel , a great Barrenness under it ; so a deep Security under our Sin and Danger , a great want of Piety toward God , and Love towards Men , with a woful Selfishness , every one seeking their own things , few the things of Christ , or the publick Good , or one anothers welfare : And finally , the most part more ready to censure the sins of others , than to repent of their own . Our Iniquities are increased over our heads , and our Trespasses are grown up into the Heavens , they are many in number , and hainous in their nature , and grievously aggravated , as having been contrair to great Light and Love , under signal Mercies and Judgments , after Confession and Supplication , and notwithstanding of our Profession , Promises and solemn Vowing , and Covenanting with God to the contrair . Have we not then sad cause of deep Sorrow and Humiliation ? And may we not fear , if we do not repent , and turn from the evil of our ways , and return to the Lord with all our hearts , that He return to do us evil , after he hath done us good , and be angry with us , until He hath consumed us ? Let us therefore humble our selves by Fasting and Praying , let us search out our sins , and consider our ways , and confess these , and other our sins , with Sorrow and Detestation ; Let us turn unto the Lord with Fasting and weeping , and with mourning ; Let us firmly Resolve and sincerely Engage to amend our ways and doings , and return unto the Lord our God , with all our heart , and earnestly pray , that for the blood of the Lamb of God , our sins may be forgiven , and our back-slidings healed , and we may yet become a righteous Nation , keeping the Truth , that Religion and Righteousness may flourish , and Love , and Charity abound , and all the Lord's People may be of one mind in the Lord : and in order to all these , that the Word of the Lord may have free course , and be glorified , and that the Preaching of the Word , and Dispensing of the Sacraments , may be accompanied with the wonted presence , Power and Blessing of the Spirit of the Lord ; That the Lord would preserve and bless our gracious King and Queen , William and Mary , and establish their Throne by Righteousness and Religion , and grant to these Nations , Peace and Truth together ; and for that End , bless and prosper His Majesties Councils , and Forces by Sea and Land , and those of the Princes and States his Allies , for God and his Truth , that Inferior Rulers may rule in the fear of God , and Judges be clothed with Righteousness , and that many faithful Labourers may be sent out into the Lord's Vineyard , and they who are sent , may find mercy to be faithful , and be blest with Success , that Families may be as little Churches of Christ , and that the Lord would pour out His Spirit on all Ranks of People , that they may be holy in all manner of Conversation , and God may delight to dwell amongst us , and to do us good . And while we pray for our selves , let us not forget our Brethren in Forreign Churches , with whom , alas ▪ we had too little Sympathy ; Nay , let us pray , that all the ends of the Earth , may see the Salvation of God ; and that He would bring his antient people of the Jews to the acknowledgment of Jesus Christ ; and that he would hasten the ruine of Romish Babylon , and advance the Reformation in Christendome , and preserve and bless the Reformed Churches ; That he would pity His oppressed People , the French Protestants , and gather them out of all places , whither they have been scattered in the cloudy and dark day ; and that he would be the Defence , Strength and Salvation of any of his People , who are in War or Danger by Infidel or Popish adversaries , in Europe or America . And in particular , that the Lord would be Gracious to Ireland , and sanctifie to his People there , both their distress and deliverance ; and perfect what concerneth them , that he would convert the Natives there to the Truth , and reduce that Land to Peace ; and appoint Salvation for Walls and Bullwarks to Brittain . For all these Causes and Reasons , The General Assembly hath appointed the Second Thursday of January next , to be Observed in all the Congregations of the Church and Nation , as a day of Solemn Fasting and Humiliation , and Prayer ; Beseeching and Obtesting all , both Pastors , and People of all Ranks to be sincere and serious , in Humilitation and Supplication , and universal Reformation , as they would wish to find mercy of the Lord , and have deserved wrath averted , and would obtain the Blessing of the Lord upon themselves and Posterity after them ; and that the Lord may delight in us , and our Land may be as Married to him . And Ordains all Ministers , either in Kirks or Meeting houses , to read this present Act publickly from the Pulpit , a Sabbath or two before the said Day of Humiliation : and that the several Presbyteries take care , that it be carefully Observed in their respective bounds . And where , in regard of Vacancies , the Day hereby appointed , cannot be observed , the Assembly appoints the said Humiliation , to be kept some other Day with the first convenient opportunity : And appoints the Commission for Visitation , to apply to the Council , for their Civil Sanction to the Observation thereof . Extracted out of the Records of Assembly , by JO. SPALLING . Cls. Syn. National . A PROCLAMATION Anent a Solemn National Fast and Humiliation . WILLIAM and MARY , by the Grace of God , King and Queen of Great Britain , France , and Ireland , Defenders of the Faith ; To Macers of our Privy Council , or Messengers at Arms , our Sheriffs in that part , Conjunctly and severally , specially constitute , Greeting : Forasmuch , as the General Assembly of this Church , by their Act , of the date the twelfth day of November instant , hath appointed a Solemn National Fast and Humiliation , to be Observed in all the Kirks and Meeting-Houses of this Our Antient Kingdom ; and appointed their Commission for Visitation , to apply to the Lords of Our Privy Council , for Our Civil Sanction , to be interposed thereto ; And they having Applyed accordingly : Therefore We , with Advice of the Lords of our Privy Council , Do hereby Command and Enjoyn , That the said Solemn Fast and Humiliation be Religiously observed , by all Persons throughout this Kingdom , both in Kirks and Meeting-Houses , at the Dyets , and in the manner as by the above-mentioned Act of Assembly , hereto prefixed , is appointed ; And that the same be read by all the Ministers , in manner therein mentioned . And to the end that so Pious and necessary a Duty may be punctually performed , and Our Pleasure in the Premisses fully known : Our Will is herefore , and We Charge you straitly , and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and the remanent Mercat-Crosses of the Head-Burghs of the several Shires and Stewartries , within this Kingdom , and in Our Name and Authority , make Publication of the Premises , that none may pretend ignorance . And we do Ordain Our Solicitor to dispatch Copies hereof to the Sheriffs of the several Shires and Stewarts of the Stewartries , or their Deputs , or Clerks , to be by them Published at the Mercat-Crosses of the Head-Burghs , upon receipt thereof , and immediately sent to the several Ministers , both in Kirks and Meeting-Houses , to the effect they may read and intimat the same from their Pulpits , and may seriously exhort all Persons , to a sincere and devout observance thereof , as they Regard the Favour and Blessings of the Almighty God , the Safety and Preservation of both Church and State , and would avoid the Wrath of God upon themselves and their Posterity , and as they will be answerable at their peril . And Ordains these Presents to be Printed with the said Act of Assembly , and these Presents to be Published in manner foresaid . Given under Our Signet at Edinburgh , the twenty first day of November . And of Our Reign , the second year , 1690. Per actum Dominorum Sti. Concilii . GILB . ELIOT , Cls. Sti. Concilii . God save King WILLIAM , and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to the King and Queens most Excellent Majesties . 1690. FINIS . Notes, typically marginal, from the original text Notes for div A69769-e230 * Except the Contributions of the Sisters , which were something to one who knew no other ways how to live . * At th● end of this Le●ter , vid● Inform●tion giv● in by M● Heriot ●● the Priv● Council . * This Exposition of the Fathers Words you may find in the 169 p. of his pretended Answer to Dr. Stillingfleet's Vnreasonableness of Separation . † Coliness . * Ten or Twelve of which are said in a Morning one after another . * That is to turn all the Episcopal Clergy out of the Church . Vide the first Paper . ‖ Vid. second Paper . Vide the last Paper . 
A75558	----	A letter sent from the marquess of Argyle to the King of Scots; concerning the raising of a new army against the English; and his desires and proposals touching the same. Also, his declaration to the people, and his summons to the gentry in the North; with the rising of the Highlanders and Redshanks; their falling upon the Parliaments forces, and the event and success thereof. Likewise, the manner how they fortifie the hills and mountains; and the strange engines of war which they have planted. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A75558 of text R206757 in the English Short Title Catalog (Thomason E660_7). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A75558 Wing A3660 Thomason E660_7 ESTC R206757 99865862 99865862 118113 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75558) Transcribed from: (Early English Books Online ; image set 118113) Images scanned from microfilm: (Thomason Tracts ; 101:E660[7]) A letter sent from the marquess of Argyle to the King of Scots; concerning the raising of a new army against the English; and his desires and proposals touching the same. Also, his declaration to the people, and his summons to the gentry in the North; with the rising of the Highlanders and Redshanks; their falling upon the Parliaments forces, and the event and success thereof. Likewise, the manner how they fortifie the hills and mountains; and the strange engines of war which they have planted. Argyll, Archibald Campbell, Marquis of, 1598-1661. 8 p. for George Horton, Imprinted at London : 1652. Annotation on Thomason copy: "Aprill 23". Reproduction of the original in the British Library. eng England and Wales. -- Army -- Early works to 1800. Scotland. -- Army -- History -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A75558 R206757 (Thomason E660_7). civilwar no A letter sent from the marquess of Argyle to the King of Scots;: concerning the raising of a new army against the English; and his desires Argyll, Archibald Campbell, Marquis of 1652 1190 8 0 0 0 0 0 67 D The rate of 67 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-03 TCP Assigned for keying and markup 2007-03 Aptara Keyed and coded from ProQuest page images 2007-04 Celeste Ng Sampled and proofread 2007-04 Celeste Ng Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A LETTER Sent from the Marquess of ARGYLE TO THE KING of SCOTS ; Concerning the raising of a new Army against the English ; And his Desires and Proposals touching the same . Also , his Declaration to the People , and his Summons to the Gentry in the North ; with the Rising of the Highlanders and Redshanks ; their falling upon the Parliaments forces , and the event and success thereof . Likewise , the manner how they fortifie the Hills and Mountains ; and the strange Engines of War which they have planted . Imprinted at London , for George Horton , 1652. A DECLARATION Of the Marq. of ARGYLE Concerning the Parliament of England ; and his Resolution and Summons to the Gentry : With the Rising of the Highlanders . SIR , THe Marquess of Argyle is returned to the Highlands , being possessed with sundry jealousies and feares touching the present Government of the Commonwealth of England ; for , indeed , he hath declared , That he cannot give his assent for the incorporating the Kingdom of Scotland , with the Commonwealth of England ; but holds himself bound in duty , whilest he hath any power ) to preserve the interest of the Kirk , and to include a Toleration for the Discipline of that Nation , as it was concluded , enacted , and agreed upon by the General Assembly of Divines ; And upon that account he was resolved to stand or fall : In pursuance whereof , he hath sent a Summons to the Lords and Gentry in those parts ( a Copy whereof , I have sent you here inclosed ) for them immediatly to make their personal appearance at Candress , to consult and determine upon the weighty and emergent affaires of that Nation ; for the defence and preservation of their Religion , Laws , and Liberties . And accondingly on the fourth of this instant April , divers of the Gentry met at the aforesaid place , where the Marquess presented ▪ 19 Propositions , touching their fundamental Laws and Government , the Presbyterian Pro●ession , and the ●●iviledges of the People ; and after mature deliberatio● thereupon their consultation produced these Results ▪ That they found them to be consonant to the Word of God ( yet the Voters Aliens to Religion ) and according to the solemn League and Covenant , and therefore thought themselves bound in Conscience , and Duty to adhere therunto , and to give their condescensions for promoting thereof . Whereupon the Marquess desired their subscriptions , and unanimously they assented thereunto ; so that there is a new League and Confederacy against the English ; by which means , an Highland War is expected this Summer ; in order whereunto , about 1000 Redshanks are levyed , bei●g armed with Bows and Arrows , Long Skeines , Cross-bows , Darts , and other strange Engines of War , ( yet nothing so sure , but that they are instruments for their own destruction ) and have made a spacious Line along the River neer Andress , with several Half-Moons , Flankers , and Sconces ; but want great Canon exceedingly to plant : however , they are very active and busie in making of Lether-Guns of several sorts both great and small ; and are raising divers Bulworks and Fortifications at sundry Passes , Rivers , and Foords , and are as busie , as so many Rats in a Barley-mow . They talk high , and say they will level us with the Valleys , by stoning us from the Rocks ; & think themselves as safe as so many Thieves in a Mill , because of their Mountainous Fortifications , having upon each Rock , where there is any possibility to attempt a pa●●age , placed great heapes of stones and flints , to tumble down upon their heads , in case they should attempt to storm . These Highlanders have lately made an attempt upon the Low-Lands , where they fell upon some of our Out-quarters ; but the Allarm being given , our men very opportunely came in , and soon expelled them ; killing twenty two , and took thirty four prisoners . We could not embrace the pursuit , by reason of the advantagiousness of the grounds for the Enemy , yet notwithstanding upon the securing of the prisoners , we demanded what their principles were they fought for ; they answer'd . For God ▪ their dear Lord Marquess , and their gude King ; but seemed to be very passionate ; and truly I must ingenuously confess , they are a stout ( but Heathenish ) Generation . For their Ministers are as crosse-grain'd as ever , and throw so many Fire-balls at the Government , that ( if possible , and permitted ) they will set all again in flames ; and great is their spleen against those of their own Nation , that are satisfied in acting by Commission , under the Authority of England , or appear any wayes inclinable to an Incorporation with it . So much , for their own Ends , are they enemies to the good of their domineering Hierarchy . If the yoke of the Lords , Lairds , and Priests be once taken off , then they will be deprived of that wicked compliance , which was wont to be maintained betwixt themselves , as cruel Taskmasters , both in Spirituals and Civils , for inslaving of the poor people . But now ( praised be God ) things work pretty well ; for , the Scales begin to fall off from mens eyes , to a lothing of former Vanities , insomuch that several Kirks about Aberdeen are faln off , and have deserted that Presbytery , which gives a strong Allarm to the rest of the Clergy . It s reported , That the aforesaid Marquesse of Argyle hath fent a Letter to the pretended King Charles Stuart , for a supply of Arms and Ammunition , wherein he assures him that he will be both loyal and faithful to the last minute , and that he hath now a new Game to play , &c. Indeed , we may probably conjecture , That he hath some notable Design in hand , by reason of his Confederacy and Combination with the adverse Party ; a cleer demonstration whereof , is apparently made evident by the ensuing Summons . THese are strictly to charge and require all Lords and Gentlemen whatsoever , that they forthwith make their appearance at Candress , there to consult and determine upon such things as may tend to the honour of Religion , the peace and welfare of this Nation , the preservation of our Liberties and Freedoms , and the due observing of our ancient Laws and Customes , in Kirk and State , against all those who shall endeavor the extirpation thereof . Dalkeith April 9. 1652. FINIS . 
A75560	----	A most noble speech spoken by the Lord Cambel of Lorne, one of his Majesties most Honourable Privie Counsell of Scotland. Moving the Lords House in Scotland, in his Maiesties presence, for the prevention of such advantages; whereby incendiaries may in the vacancy of Parliaments, any way extort from his Highnesse proclamations, to inforce the bringing in of innovations into the Kirke; or confirming of monopolies, that so all oppressions may be removed from his Majesties subjects of both kingdomes. As also, an honourable reply made by the Lord Lowden, against such, who objected against his former speech. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A75560 of text R11251 in the English Short Title Catalog (Thomason E199_15 E199_16). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 3 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A75560 Wing A3662 Thomason E199_15 Thomason E199_16 ESTC R11251 99858966 99858966 157514 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75560) Transcribed from: (Early English Books Online ; image set 157514) Images scanned from microfilm: (Thomason Tracts ; 35:E199[15], 35:E199[16]) A most noble speech spoken by the Lord Cambel of Lorne, one of his Majesties most Honourable Privie Counsell of Scotland. Moving the Lords House in Scotland, in his Maiesties presence, for the prevention of such advantages; whereby incendiaries may in the vacancy of Parliaments, any way extort from his Highnesse proclamations, to inforce the bringing in of innovations into the Kirke; or confirming of monopolies, that so all oppressions may be removed from his Majesties subjects of both kingdomes. As also, an honourable reply made by the Lord Lowden, against such, who objected against his former speech. Argyll, Archibald Campbell, Marquis of, 1598-1661. Loudoun, John Campbell, Earl of, 1598-1663. Scotland. Parliament. House of Lords. [8] p. Printed by B. Alsop, London : 1641. Lord Cambel of Lorne = Archibald Campbell, future Marquis of Argyll. Signatures: A⁴. The second speech is identified as Thomason E.199[16]. Reproduction of the original in the British Library. eng Great Britain -- Politics and government -- 1625-1649 -- Early works to 1800. Scotland -- Politics and government -- 1625-1649 -- Early works to 1800. Scotland -- Religion -- 17th century -- Early works to 1800. A75560 R11251 (Thomason E199_15 E199_16). civilwar no A most noble speech spoken by the Lord Cambel of Lorne, one of his Majesties most Honourable Privie Counsell of Scotland.: Moving the Lords Argyll, Archibald Campbell, Marquis of 1641 918 0 0 0 0 1 0 109 F The rate of 109 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-03 TCP Assigned for keying and markup 2007-04 Apex CoVantage Keyed and coded from ProQuest page images 2007-05 Jonathan Blaney Sampled and proofread 2007-05 Jonathan Blaney Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A MOST NOBLE SPEECH Spoken by the LORD CAMBEL OF LORNE . One of his Majesties most Honourable Privie Counsell of SCOTLAND . Moving the Lords HOVSE in Scotland , in his Maiesties presence , for the prevention of such Advantages ; whereby Incendiaries may in the vacancy of Parliaments , any way extort from his Highnesse Proclamations , to inforce the bringing in of Innovations into the Kirke ; or confirming of Monopolies , that so all Oppressions may be removed from his Majesties Subjects of both Kingdomes . As also , an Honourable REPLY Made by the Lord Lowden , against such , who objected against his former SPEECH . London , Printed by B. Alsop , 1641. A MOST NOBLE SPEECH SPOKEN BY THE Earle of Argile , Lord of Lorne , &c. Competitour for the Chancellor-ship . MY LORDS , WHat was more to bee wished for on Earth , then the great happinesse , this day wee enjoy ? viz. To see his Royall Majesty , our Native Soveraigne , and his loyall Subjects of both Kingdomes , so really reconciled , and united : that his Maiesty is piously pleased to grant unto us his Subiects , our lawfull demands concerning Religion and Liberties , and wee his Subjects of both Nations , cheerfully rendring to his Maiesty , that duty , affection , and assistance , which he hath just cause to expect from good People , and each Nation concurring in a brotherly amity , unity , and concord , one towards the other ? O what Tongue is able to expresse the Honour and Praise due to that great and good God , who in those late Commotions , suffered not the prudent Counsels of either Kingdomes to despaire of the safety of either Commonwealth : but through his blessing to their painfull and prudent Endeavours , hath wrought such a happinesse for us , that after the great toyle and trouble , wee have so long on both sides endured , we may now each man , with his wife , children , and friends , under his owne Vine , and Figtree ( and all under his Maiesties Gracious protection ) refresh himselfe with the sweet fruits of peace : which I beseech the Lord of Peace make perpetuall to both Nations . Now my earnest desire is , that our best studies and endeavours , may be spent in contriving , and enacting such wholesome Lawes ; whereby ( as much as in us lyes ) the opportunity and occasion of producing such Calamities , as lately threatned to fall upon both Nations , may be prevented , if in any Age hereafter such miscreants shall goe about to attempt it . It is notorious , that the late Incendiaries that occasioned the great differences , betwixt his Maiesty and his Subjects , tooke much advantage and courage , by the too long intermission of the happy Constitution of Parliaments . In the vacancy of which , they by false Information , incensed his Maiesty against his Loyall subiects ; and by their vile insinuations extorted from his Highnesse Proclamations , for obedience to their Innovations in the Kirk , and Pattents for Proiects : whereby the poore Subiect was both polled , and oppressed in his Estate , and enthralled in his Conscience . And thus by their wicked Practises , his Maiesty was distasted , and his subiects generally discontented : in so much , that had not the great mercy of God prevented them , they had made an obstruction betwixt his Maiesty , and his liege People , and had broken those mutuall & indissoluble bonds of Protection and Allegeance . Whereby J hope his Majesty , and his loyall subjects of all three Kingdomes , will be ever bound together : to which let all the subiects say , Amen . My Lords , The distaste of his Majesty , nor discontents of his Subiects , could never have growne to that height they did ( nor consequently have produced such effects ) had there not bin such an interposition by those Innovators and Projectors , betwixt his Majesty our glorious Sunne , and us , his loyall Subjects : that his goodnesse could neither appeare to us , nor their disloyalty and our obedience to him . For no sooner was that happy Constellation , the Parliament in England raised , and those vaporous Clouds dissipated ; but his Maiesties goodnesse , his subiects Loyalty , and their treachery evidently appeared . Our Brethren of England finding the Intermission of Parliaments , to be prejudiciall and dangerous to the State , have taken a course for the frequent holding of them ; whose prudent Example , J desire may be our Patterne : forthwith to obtaine his Maiesties Royall assent for the same . By which meanes , his Maiesty may in due time , heare , and redresse the Grievances of his Subjects , and his subjects cheerefully ( as need shall require ) ayd and assist his Maiesty : and not onely the Domestique peace , and quiet of each Kingdome preserved ; But likewise all Nationall differences ( if any happen ) by the wisedome of the Assemblies of both Kingdomes , from time to time , reconciled and determined , to the perpetuating of the happy Peace , and Vnion of both Nations . 
A75564	----	A speech by the Marquesse of Argile to the Honourable Lords and Commons in Parliament. 25. June 1646. With a paper concerning their full consent to the propositions to be presently sent to His Majesty for a safe and well grounded peace. Die Veneris 26. Junii 1646. Ordered by the Lords in Parliament assembled, that the Marquesse of Argiles speech, with the paper concerning the propositions, be forthwith printed and published. Jo. Brown Cler. Parliamentorum. Argyll, Archibald Campbell, Marquis of, 1598-1661. This text is an enriched version of the TCP digital transcription A75564 of text R200912 in the English Short Title Catalog (Thomason E341_23). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 18 KB of XML-encoded text transcribed from 7 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A75564 Wing A3666 Thomason E341_23 ESTC R200912 99861532 99861532 113669 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75564) Transcribed from: (Early English Books Online ; image set 113669) Images scanned from microfilm: (Thomason Tracts ; 55:E341[23]) A speech by the Marquesse of Argile to the Honourable Lords and Commons in Parliament. 25. June 1646. With a paper concerning their full consent to the propositions to be presently sent to His Majesty for a safe and well grounded peace. Die Veneris 26. Junii 1646. Ordered by the Lords in Parliament assembled, that the Marquesse of Argiles speech, with the paper concerning the propositions, be forthwith printed and published. Jo. Brown Cler. Parliamentorum. Argyll, Archibald Campbell, Marquis of, 1598-1661. England and Wales. Parliament. House of Lords. Scotland. Parliament. [2], 10 p. Printed for Iohn Wright at the Kings Head in the Old Bayley., London: : 27 June 1646. Includes "A paper delivered in from the Commissioners of Scotland, concerning the propositions", dated at end: Iune 25. 1646. Reproduction of the original in the British Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Peace -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A75564 R200912 (Thomason E341_23). civilwar no A speech by the Marquesse of Argile to the Honourable Lords and Commons in Parliament. 25. June 1646.: With a paper concerning their full c Argyll, Archibald Campbell, Marquis of 1646 3085 2 0 0 0 0 0 6 B The rate of 6 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2007-03 TCP Assigned for keying and markup 2007-03 Aptara Keyed and coded from ProQuest page images 2007-04 Emma (Leeson) Huber Sampled and proofread 2007-04 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A SPEECH By the Marquesse of Argile TO THE Honourable Lords and Commons in Parliament . 25. June 1646. With a Paper Concerning their full consent to the PROPOSITIONS To be presently sent to His Majesty for a safe and well grounded PEACE . Die Veneris 26. Junii 1646. ORdered by the Lords in Parliament assembled , That the Marquesse of Argiles Speech , with the Paper concerning the Propositions , be forthwith printed and published . Jo. Brown Cler. Parliamentorum . LONDON : Printed for Iohn Wright at the Kings Head in the Old Bayley . 27 June 1646. The Marquesse of ARGYLES Speech to the Grand Committee , concerning Propositions of Peace to be sent to his Majesty . My Lords and Gentlemen : THough I have had the honour to be named by the Kingdom of Scotland , in all the Commissions which had relation to this Kingdom , since the beginning of this War ; yet I had never the happinesse to be with your Lordships till now , wherein I reverence Gods providence , that he hath brought me hither at such an opportunity , when I may boldly say , it is in the power of the two Kingdoms , yea , I may say , in your Lordships power to make us both happy , if you make good use of this occasion , by setling Religion , the Peace and Vnion of these Kingdoms . The work of Reformation in these Kingdoms , is so great a work , as no age nor history can parallel since Christs daies , for no one Nation had ever such a Reformation set forth unto them , much lesse three Kingdoms , so that this Generation may truly think themselves happy , if they can be instrumentall in it . And as the work is very great , so it cannot be expected , but it must have great and powerfull Enemies ; not only flesh and blood which hate to be reformed , but likewise Principalities and Powers , the Rulers of the darknesse of this world , and spirituall wickednesses in high places . As the dangers are great , we must look the better to our duties , and the best way to performe these , is to keep us by the Rules which are to be found in our Nationall Covenant , principally the Word of God , and in its owne place , the example of the best Reformed Churches ; And in our way we must beware of some Rocks , which are temptations both upon the right , and upon the left hand , so that we must hold the middle path . Vpon the one part , we would take heed , not to settle lawlesse liberty in Religion , whereby , in stead of Vniformity , we should set up a thousand Heresies and Schismes , which is directly contrary and destructive to our Covenant . Vpon the other part , we are to looke that we persecute not piety and peaceable men , who cannot through scruple of conscience , come up in all things to the Common Rule ; but that they may have such a forbearance as may be according to the Word of God , may consist with the Covenant , and not be destructive to the Rule it selfe , nor to the Peace of the Church and Kingdom , wherein I will insist no further , either to wrong your Lordships patience or judgements , who I doubt not will be very carefull to do every thing according to our Covenant . As to the other Point , concerning the Peace and Vnion of the Kingdoms , I know it is that which all professe they desire , I hope it is that all do ayme at ; sure I am , it is that which all men ought to study and endeavour . And I thinke it not amisse to remember your Lordships of some former experiences , as an argument to move us to be wise for the future . If the Kingdome of England in the 1640 yeare of God , then sitting in Parliament , had concurred , as they were desired , against the Kingdome of Scotland , no question we had been brought to many difficulties , which , blessed be God , was by the wisdome of the Honourable Houses prevented . So likewise when this Kingdome was in difficulties , if the Kingdome of Scotland had not willingly , yea cheerfully , sacrificed their peace to concurre with this Kingdome , your Lordships all know what might have been the danger . Therefore let us hold fast that Vnion which is so happily established betwixt us , and let nothing make us again two , who are so many waies one , all of one Language , in one Island , all under one King , one in Religion , yea one in Covenant ; so that in effect we differ in nothing but in the Name ( as Brethren do ) which I wish were also removed , that we might be altogether one , if the two Kingdoms shall think fit ; for I dare say , not the greatest Kingdom in the Earth can prejudice both so much as one of them may do the other . I will forbeare at this time to speak of the many jealousies I heare are suggested , for as I do not love them , so I delight not to mention them , onely one I cannot forbeare to speak of , as if the Kingdome of Scotland were too much affected with the Kings interest . I will not deny but the Kingdome of Scotland , by reason of the Raigne of many Kings his Progenitors over them , hath a naturall affection to his Majesty , whereby they wish he may be rather reformed then ruined ; yet experience may tell , their personall regard to him has never made them forget that common Rule , The safety of the People is the Supreme Law . So likewise their love to Monarchy makes them very desirous that it may be rather regulated then destroyed , which I hope I need not to mention further to your Lordships , who I trust are of the same minde . I know likewise there are many jealousies and unjust aspersions cast upon our Armies in England and Ireland , I can , if it were needfull , presently produce heads of a Declaration intended by the Army in England , for vindicating themselves from such injuries , and shewing the clearnesse of their resolutions and integrity , both in the Cause , and towards this Kingdome , wherein their undertakings and coming in at such a season of the yeare , their hard sufferings , and constant endeavours since , may be sufficient testimonies . Therefore I am the more bold to desire your Lordships , that so long as they stay in England ( which I wish may be for a short time ) they may be supplyed with some moneys , and their Quarters enlarged , least their lying in too narrow Quarters , make the burthen insupportable to that exhausted corner of the Country where they now remain and so beget outcries against them , when they are not able to discharge their Quarters , as other Armies within the Kingdome . As for the Army in Ireland , I have beene an eye-witnesse to their sufferings , and so may speake of it likewise upon certaine knowledge , That never men have suffered greater hardships , who might have been provided , for they have lived many times upon a few Beanes measured out to them by number , and never had any other drinke but Water . And when they were in some better condition , they had but an Irish peck of rough Oats for a whole week . And now at their best condition , when they are quartered upon the Country ( which is able to entertaine them only for a very short time ) they have only an Irish peck of Oatmeal● , or a shilling in the ten dayes , both for Meat and Drinke . Therefore according to the many desires given in to the Honourable Houses for that end , I humbly entreat that your Lordships will take care to provide for them , so long as it is thought fit they remaine in that Kingdome . For a renewed testimony of our earnest desires to comply with the Honourable Houses for setling the Peace of these Kingdoms so much longed for , we doe returne unto your Lorships the Propositions of Peace ( which we received on Tuesday last ) with our consent thereunto , wishing they may be hasted to his Majestie , who hath so often called for them . And I likewise offer to your Lordships the Copy of his Majesties Letter to my Lord of Ormond , discharging him from any further medling in any Treaty with the Rebels in Ireland , I hope in order to his Majesties further condescending to the setling of that Proposition concerning Ireland , and the rest of the Propositions now to be sent unto him . Another Paper there is which concernes the supplying of the Scottish Armies in England and Ireland , and the perfecting of the Accompts betweene the Kingdoms , together with a Letter from Generall Monro to the Committee of Estates of the Kingdome of Scotland , concerning the state of affaires in Ireland . All which when your Lordships have considered , I trust you will take such course therein as ma● satisfie our just desires , may put an end to our present troubles , and settle these Kingdomes in a happy Peace . A Paper delivered in from the Commissioners of Scotland , concerning the Propositions . IT is a twelve moneth since we did earnestly presse the sending of Propositions to the King for a safe and well-grounded peace ; In answer whereunto the Honourable Houses were pleased to acquaint us , That they had resolved Propositions should be sent to his Majesty , but did intend to make some alterations in the former Propositions , and after eight or nine months deliberation , we received from the Honourable Houses some of those Propositions ; and though we did finde therein very materiall additions , alterations , and omissions , which for their great importance , and the interest of the Kingdome of Scotland therein , might very well have required the delay of an Answer untill the Estates of that Kingdome had been consulted ; yet so unwilling were we to retard the meanes of peace , that in a fortnights time we returned an Answer upon the whole Propositions ; and the Houses of Parliament not resting satisfied therewith , in lesse then ten daies we prepared a further Answer ; wherein we did very much comply with the desires of the Honourable Houses , especially in the matter of setling the Militia of England , and Ireland , and in other things did shew our readinesse to heare , or propose such expedients as might determine any differences , so that in a whole yeares time the Propositions have not remained in our hands the space of foure weekes , which we onely mention to cleare our proceedings from mistakes and aspersions ; and the Houses having now after two moneths farther deliberation , delivered unto us upon the 23. of this instant June , all the Propositions they intend to send to the King at this time ; We doe , without any delay , returne such an Answer and resolution thereupon , as will be unto the present and future Generations , one undeniable testimony ( besides many others ) of the integrity and faithfulnesse of the Kingdome of Scotland in their solemne League and Covenant , of their love to Peace , and earnest desire to satisfie their Brethren of England in those things which concerne the good and Government of this Kingdome ; being further resolved touching the Kingdome of Scotland , That as nothing of single or sole concernment to that Nation did engage them in this Warre , so nothing of that nature shall continue the same . Although these Propositions now to be sent doe much differ from the Propositions formerly agreed upon by the Parliaments of both Kingdomes , and the most materiall additions , omissions , and alterations are in such particulars as concerne the joynt interest , and mutuall confidence and conjunction of both Kingdoms , which were , as we conceive , much better provided for , and strengthned by the former Propositions then by these . Although the particular Propositions presented by Us , concerning the Kingdome of Scotland are not yet agreed unto by the Houses of Parliament , as was offered in their Papers of the tenth of Aprill . Although divers Propositions of joynt concernment be now superseded , and the sending of them delayed to a more convenient time , as is expressed in the Votes of both Houses of the twenty sixth of March ; and although ( which is to Us more then all the rest ) those Ordinances of Parliament unto which the fifth and sixth Propositions doe relate , ( and were therefore communicated unto Us upon our desire to see what the Houses had already agreed upon concerning Religion ) doe not containe the establishment of such a Reformation of Religion , and uniformity as was expected , and was the chiefe end of our engagement in this Warre ; and as all these Ordinances put together come short of what we wished , so there are some particulars which we conceive to be inconsistent with the Word of God , and the example of the best reformed Churches , and therefore cannot in our consciences consent unto them ; which particulars were expressed to both Houses in the Remonstrance of the Commissioners of the Church of Scotland of the date , March 26. 1646. Yet neverthelesse we do so earnestly desire and so highly value the easing of the heavy Pressures under which both Kingdomes groane , and the bringing of this bloudy lasting warre to a speedy and happy end , considering with-all that not onely the Booke of Common Prayer and the Prelaticall Government are abolished , & a Common directory of worship established in both Kingdoms , but that likewise the Ordinances afore mentioned do containe divers Parts of a Positive Reformation and uniformity in Church-Government , unto which we formerly gave our consent in our answer upon the whole propositions of Peace , of the 20. of April , and for so happy begining , and so good a foundation laid for the future , we heartily thank God , and do acknowledge the zeale , Piety and Wisedome of the Honourable Houses therin , remembring also that those Ordinances doe not containe the whole moddell of Church government and that the Houses have beene Pleased to expresse [ that it cannot be expected that a perfect Rule in every Particular should be setled all at once , but that there will be neede of suppliments , & aditions , and happily of alterations , in some things , as experience shall bring to light the necessity thereof ] upon these Considerations as we doe cheerefully consent to many materiall Parts of these Propositions so we Resolve to make no let , but to give way to the sending of such other particulars therein contained , with which we are unsatisfied in the matters for the Reasons formerly Represented to both Houses , of which some still stand in force , though others of them be taken away by the new expedients it being alwayes understood that our not Dissenting from , nor our opposing of the sending of the Propositions as they now stand , shall be no prejudice nor Impediment to all or any one of the Articles of the Solemne League and Covenant , especially to the first Article , concerning the preservation of the Reformed Religion in the Church of Scotland in Doctrine , Worship , Discipline , and Government , against our Common enemies , the Reformation of Religion in the Kingdomes of England and Ireland in Doctrine , Worship , Discipline , and Government , according to the Word of God , and example of the Best Reformed Churches , and the bringing of the Churches of God in the three Kingdomes , to the neerest conjunction and uniformity in Religion , Confession of faith , forme of Church-government , Directary , for Worship , and Catechising ; Which thing both Kingdomes are by Covenant oblieged sincerely and Really to Endeavour , and that not for a time , but constantly , so that neither of the Kingdomes can be loosed or acquitted from the most strait and solemne obligation of their continued and constant endeavouring these good ends so farre as any of them is not yet attained , it being also understood that our concurrence to the sending of the Propositions shall be without prejudice to any Agreement or Treaty betweene the Kingdomes , and shall not infringe any Engagement made to the Kingdome of Scotland , nor be any hindrance to our insisting upon the other Propositions already made knowne to the Houses ; and it being understood that it is not our Judgment that every Particular and Circumstance of these Propositions is of so great Importance to those Kingdomes as Peace and warre should depend thereupon . Upon these grounds which we make known only for clearing our consciences , and for discharging Our selves in the trust put upon us , without the least thought of Retarding the so much longed for Peace , We Condisend and agree that the Propositions as they are now Resolved upon be in the Name of Both Kingdomes presented to the King , whose heart we beseech the Lord wholly to incline to the Councels of Truth and Peace . Iune 25. 1646. FINIS . 
A60328	----	Memorialls for the government of the royal-burghs in Scotland with some overtures laid before the nobility and gentry of several shyres in this kingdom : as also, a survey of the city of Aberdeen with the epigrams of Arthur Iohnstoun, Doctor of Medicine, upon some of our chief burghs translated into English by I.B. / by Philopoliteious (or,) a lover of the publick well-fare. Skene, Alexander. 1685 Approx. 392 KB of XML-encoded text transcribed from 145 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A60328 Wing S3935 ESTC R38926 18196182 ocm 18196182 106993 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A60328) Transcribed from: (Early English Books Online ; image set 106993) Images scanned from microfilm: (Early English books, 1641-1700 ; 1130:21) Memorialls for the government of the royal-burghs in Scotland with some overtures laid before the nobility and gentry of several shyres in this kingdom : as also, a survey of the city of Aberdeen with the epigrams of Arthur Iohnstoun, Doctor of Medicine, upon some of our chief burghs translated into English by I.B. / by Philopoliteious (or,) a lover of the publick well-fare. Skene, Alexander. Johnstoun, Arthur, 1587-1641. Barclay, John, 1582-1621. 288 p. Printed by John Forbes ..., Aberdeen : 1685. Author's name on t.p., "Philopoliteious", in Greek characters. Attributed to Alexander Skene by Wing and NUC pre-1956 imprints. 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Aberdeen (Scotland) -- History. 2005-03 TCP Assigned for keying and markup 2005-06 SPi Global Keyed and coded from ProQuest page images 2005-08 Olivia Bottum Sampled and proofread 2005-08 Olivia Bottum Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion Memorialls For the GOVERNMENT OF THE ROYALL-BURGHS IN SCOTLAND . With some Overtures laid before the Nobility and Gentry of the several Shyres in this Kingdom . AS ALSO , A Survey of the City of ABERDEEN , with the Epigrams of Arthur Iohnstoun Doctor of Medicin , upon some of our chief Burghs translated into English by I. B. By 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( Or , ) A lover of the Publick well-fare . ABERDEEN , Printed by JOHN FORBES , Printer to the CITY and UNIVERSITY , 1685. By the Blessing of the Vpright the City is exalted : but it is overturned by the mouth of the wicked . Prov. 11.11 . When the Righteous are in Authority the people rejoice , but when the wicked beareth rule the people mourn . Prov. 29 2. VVhen Themistocles was mocked by his companions that he was ignorant in some of the liberall Sciences . He answered , that he could not sing to the Harp , nor make use of the Psaltrie : but he could make a little Village , or a small Town a Great and Famous City . Plutarch on the life of Themistocles . Vnto the Right Honorable , Sir GEORGE DRUMMOND of Milnab , Lord Provest . THOMAS ROBERTSON , Bailie . THOMAS HAMILTON , Bailie . ALEXANDER BRAND , Bailie . DAVID SPENSE , Bailie . CHARLES MURRAY of Hadden Dean of Gild , GEORGE DRUMMOND Thesaurer . And to the Rest of the Honorable Councill of the City of EDINBURGH . RIGHT HONORABLE , I being a person who ( without vanity ) may say , that Heaven hath blessed with so much of a Publick Spirit , that I feel in my heart an inclination that would do good unto all men ; but since my ability quadrats not with my desires , ( that being GODS peculiar Priviledge , whose Omnipotencie can onely equall his Will , ) I must rest satisfied with the extent of my Cordiall Good Wishes for the Wellfare of all : from which Principle , ( though I am not in a capacity to act , ) I could not forbear to express somethings in these Memorialls , whereby I humbly conceive , the Good and Wellfare of the Burrows of this Kingdom may in some measure be advanced , if acceptably improven . It would be from a defect of Charity , if any apprehend I have wrot these out of conceit of my own abilitie , for I am not so fond of any Talent I have acquyred , that if my earnestness to cast in my Mite into the Treasurie for the Publick Good , had not overballanced the mean thoughts I have of any thing I can do of this nature , I should never have dared to present you with them . But now here they be , and such as they are I presume to lay before You , who are the Representatives of the Chiefest City of this Nation . It is your Discretion , your Zeall for the Publick-Good , your Christian Wisdom and Behaviour , your Righteousness and Piety , that influences not only the rest of the Burrows , but also most of the Subjects of this Kingdom . I am not ignorant how much I expose my self to the Critick Censures of many , in permitting the Publishing of this Tractat , considering the Politness and Learning of this Age , and my own Imperfections in undertaking such a Task : Yet if ye shall be pleased favourably to accept hereof , Charitably constructing my Zeal , and covering my Defects and Over-reachings , I need care the less what thoughts others have of me or it . And because it is frequent with many , to measure their Esteem of Books by the respect or disrespect that is had to the Author , I have therefore suppressed my Name , that it may neither be undervalued , or possibly by some overvalued upon my account : but that all may be left to consider what is said , then to enquyre who said so . And how ever it be , it shall be the cry of my heart , that ye may acquit Your selves in all Your Places and Administrations like Men and Christians , and that with Jehoshaphat Ye may prepare Your Hearts to seek the LORD . To whose Wisdom , Counsell and Direction , I commend You all , as becomes Right Honorable The cordiall Well-wisher of the Prosperity of Your CITY , and to serve You in the LORD , PHILOPOLITEIUS . Epistle to the Reader . IT hath been a great question amongst the Ancients , what kind of Government was most conduceable to the Happiness and Wellfare of the Life of Men some preferring the Government of one Wise , Iust and Discreet Man for making Laws , and commanding Obedience to all others , and this is called Monarchie simply : Others preferring the Government of many , who may perhaps disscerne better what is needfull for the Publick Good then one , according to that saying P●us vident oculi quam oculus . But forbearing to trouble any with the Opinions of Plato , Xenophon , Aristotle or Cicero , who have severally written Books concerning Civil Society , and wherein they have differed one from another ; they having treated of these Governments , to which soveraignity and supream Authority belonged . But the subject of this following Treatise being onely of Ro●all-Burghs within this Kingdom , I think it the duty of all persons concerned therein to be thankfull to GOD , that they live under the Power and Protection of a Potent MONARCH , who Governs according to the Laws made by Him and his Royall-Ancestors , with consent of the three Estates of this Kingdom , and preserves all the Priviledges of His Subjects accordingly ; so that by the foundamentall constitution of Government ; we are under the best temper and composure of any Nation in the World And if we will be good Christians , good Subjects , and a vertuous happy People ; we have the advantage of the best Laws of any Kingdom in Europe . As to the particular improvment of that Power , which every City in this Nation hath within it self to contribute to its own Happiness and Prosperity , I have taken the freedom to set down these few Memorialls for the benefit of all , not out of any conceit of my ability for such an undertaking , ( as I can truely say ) but out of a desire to be usefull according to my mean talent to Young-Men , who perhaps are not acquainted with such things , though these that have had experience are probably farr beyond me in Knowledge and Parts . And seeing there are Books written for every Science , Art or Employment , from the highest to the lowest , I have fallen upon this Essay , if it were but to stir up some of more pregnant Parts and acute Engine then ever I laid claim to , whereby they might benefit their Native-Countrey , seeing the Government of Burghs within this Kingdom is a Subject that might very well beseem the exactest Pen , till which appear , let these concerned admit of this testimony of my respects , who am , A Cordiall Well-wisher to all the Burrows of this Kingdom . PHILOPOLITEIUS . To the Author of these MEMORIALLS . WEll may thou own to have a Publick Sp'rit , And Philopoliteius nam'd for it ; And for this Book , the Royal-Burrows all May ratifie thy Name , and thus thee call : Thy wholsome Counsells if practised be , Our Nation happy we shall shortly see . Our Burrows prosperous by Forraign-Trade , Our Countrey to make Famous : all made glade To see our Kingdoms-Glory every way Encrease by Vertue : and what ever may Its Praise advance , which surely will not miss , If all our Rulers shall account of this . Then these Memorialls shall esteemed be , And by our Cities keept in Memorie . A Friend to the Author . Another to the AUTHOR of these MEMORIALLS . HEre doth a Publick Spirit breath , Tho by a privat Pen , Both to provock and to incit Like minds in powerfull Men : More to preferr the Publick Good , And seek that to advance ; Then Property or Interest Or Breeding , brought from France . And if Ambition laid some men To seek Renown and Praise , How much more should Religion then Above this Region raise ? True Christian Vertue doth aspyre ; To Eternize their Fame Before the LORD , by doing so As He 'll approve the same . A lover of the Publick Good , Here is this Authors Name : Let all who read this Book , make choise Of this habituall frame . A Lover of the Author . The Contents or Index of the Memorialls contained in this Treatise . CHAP. I. Anent the Diversitie of Burghs . Viz. Burghs of Barrony , Regality , and Burghs-Royal . Pag. 17 CHAP II. Anent Government in generall and in speciall , and the advantages of the Burghs-Royall , by the Ingredients of the severall sorts of Government . Pag. 19. CHAP. III. Of the Councill and their Duties in generall , and their two chief Ends they should aim at . Pag. 25. CHAP. IV Anent Religion and Holiness , wherein it consists not , and wherein it doth consist . Pag. 27. CHAP. V. Anent Iustice and Righteousness , and the Branches and Effects thereof in a City . Pag. 32. CHAP. VI. Anent Sobriety and Moderation . Pag. 34. CHAP VII . Anent bearing down Ambition , and joyning in Elections of Magistrats and Councill . Pag. 38. CHAP VIII . Anent Sloath and Neglect in Rulers , and their publick Administrations . Pag. 44. CHAP. IX . Anent Envy and Vain-Glory , being both enemies to Vertue . Pag. 55. CHAP X. Anent Love and Concord , as the surest foundation of a Kingdom , City or Common-wealth . Pag. 62. CHAP. XI . Anent Observation of Laws , both Nationall and Municipall . Pag. 70. CHAP. XII . Some select Acts of Parliament , anent Royal-Burghs , the Conservator , & anent the Staple . Pag. 74. CHAP. XIII Concerning some Means in generall , by which a Burgh may flowrish Pag 88. CHAP. XIV . Concerning Merchandising . Pag 94. CHAP. XV. Concerning some general Overturs for improvement of Trade , mostly relating to the Chief Rulers of the Kingdom . Pag. 98. CHAP. XVI . Concerning Mechanick-Trades . Pag. 111 CHAP. XVII . Concerning Planting , both for Profit and Pleasure . Pag. 115. CHAP. XVIII . Concerning Charity , and care of the Poor . Pag. 120. CHAP. XIX Concerning Magistrats in Generall , and the Qualifications requyred in them . Pag. 125. CHAP. XX. Concerning the Duties & Office of the Provest Pag. 134. CHAP. XXI Concerning the Office and Duties of the Bailies Pag. 137. CHAP. XXII . Concerning the Office and Duty of the Dean of Gild. Pag. 140. CHAP. XXIII . Concerning the Office and Duty of the Towns-Thesaurer . Pag. 146. CHAP. XXIV . Concerning the Office and Duty of the Town-Clerk or Recorder . Pag. 148. CHAP. XXV . Concerning some Duties incumbent upon the Magistrats joyntlie . Pag. 151. CHAP. XXVI . Concerning Iustice of Peace Courts , to be holden within Burgh by the Magistrats thereof . Pag. 159. CHAP. XXVII . Concerning some Considerations laid before the Youth , in every City or Corporation . Pag. 165. CHAP. XXVIII . Directed to the Inhabitants , and Free●men of Cities . Pag. 176. CHAP. XXIX . Some Overtures , humbly offered to the Nobles and Gentry of the severall Shires in Scotland . Pag. 182. MEMORIALS For the Government of ROYALL-BURGHS in SCOTLAND . CHAP. I. Anent the Diversitie of Burghs , Viz. Burghs of Barrony , Regality , and BURGHS-ROYALL . IN the Kingdom of SCOTLAND , there are three sorts of Burghs , some are Burghs of Barrony , some are Burghs of Regality , and some are Royal-Burghs . Burghs of Barrony are such as the Barrons hath full power to choise their Bailies . Burghs of Regality are such as the Lord of the Regality hath the full power to choise their Bailies ; unless power be given them in their Infestments be him to their Commonalitie , to choise their own Bailies ; whereof there are diverse instances in the Kingdom . Some are Royal-Burghs , so called , because they hold immediatly of the KING ; and by their first Erections , have power to choise their Provest , Bailies and Councill : and have the onely Priviledge of Forraign-Trade and Merchandising ; and have their own Common-Lands holden of the KING , their Houses and Burrow-Lands holden in free Burgage of the KING , can enter an Heir to Tenements of Land within Burgh ( brevi manu ) without Service or Retour , and enter them thereto and give them Seasing by Hesp and Staple : and have many more Priviledges conferred on them , ( some of them being Sheriffs within themselves , as Edinburgh , Aberdeen , Striviling &c. ) Having briefly set down the differences betwixt the three severall sorts of Burghs My design relating onely to Royal-Burghs , I shall set down first the manner of the Government thereof . 2 dly Shall set down the nature of the Town-Councill , and the Duties incumbent unto them in reference to GOD , and the wellfare of the City . 3 dly . Shall set down the Qualifications of an able and fit Magistrat , upon whom a chief part of the prosperitie and happiness of a Town depends . And then the particular Duties , relating to each of the severall Magistrats in particular , and next of their Duties joyntly together . CHAP. II. Anent Government in generall and in speciall , and the Advantages of the BURGHS-ROYALL , by the Ingredients of the severall sorts of Government . AS to the Government of our Cities and Towns , severall Politick Writers have concluded , that a well mixed Government , made up of all ●states and Ranks of Persons , is to be preferred , to any of the three sorts of Governments that hath been ; or at this day is in use in Kingdoms Common-Wealths or Cities as they are simply considered ; as Democracie : which is , when the People , or mixed Multitude , have the Supream Power in them , Magistrats are chosen by them , Laws are made by them , and that which is carried by the greater part , is esteemed to be the Judgement of the whole : Their great end is Liberty to live as they please , and do what they think fit ; and this kind of Government degenerats often into confusion , and many gross abuses have been committed by it . Secondly , Aristocracie , which is , when a few persons have the Soveraign Power in them , and this often degenerats into Faction and Division . Thirdly , Simple Monarchie , when one person hath absolutely the whole Power in himself to make what Laws he will , and do whatsoever he thinks good , and this often degenerats into Tyrannie . But as is said , a well mixed Government , made up wisely of all Estates and Ranks of persons , is preferred before any of these . Such is the Government of this our Ancient Kingdom , and in some respect , our Cities are mostly so constitute ; for since a Common-Wealth or Citie , consists of severall Degrees of men of different conditions and imployments , some Merchants some considerable Heritors that live upon their Rents , some Tradsmen and Handicrafts , the want of which , would make a great defect in a Common-Wealth , all the Members are usefull , and make but one Body , that as 1. Cor. 12.21 , 22. The Eye cannot say to the Hand I have no need of thee : nor again , the Head to the Feet I have no need of you : nay much more these Members of the Body , which seem to be more feeble are necessary . It cannot then but agree with reason , that every estate and condition of men , should have their own share in the manadgement of these things , according to their proportions and interests in the whole . We have matter to bless GOD , for the equal and just constitution of Government not onely of the whole kingdom ( which of it self is as good as any in the World , ) but also for that well tempered mixture , granted to us by our KINGS , & left unto us of our Worthy Ancestours , which is in our Cities , and more particular Common-Wealths , being thus . Our Town-Councills is chosen out of the whole Citizens and Burgesses of the Burgh , the Citie-Roll being read at every Election of Councill , that if Aristotle were alive , he would not censure us as he did the Government and Lawes of the Gretians , given by Minos and Radamanthus : for their Cosmi or Magistrats were not chosen out of all the People , but out of some few of every Tribe ; though they did pretend that all their Laws were made by Jupiters advyce : and for this , the most of the Grecian Re-publicks did imitate them , particularly Lycurgus the Lacedemonian , there being a large List drawn up of all amongst us , where is set down every one whom any person of the Present Council desires or nominats : then they choose the prefixed number , that are appointed to be New Counsellours for the ensuing Year : Next they choose out of their own number , who have been ruling the Year preceeding , so many as are by the Law appointed to continue , Ja. 3. P. 7. c. 57. And lastly , so many of the Deacons of the Trades , as should compleat the number of the Councill , all which being presently called and conveened , they with the Old Councill , and the whole Deacons of the Trades , ( besides these Tradsmen that are on the Old and New Councill ) do elect of these that are chosen for Counsellours for the Year to come , Provest , Bailies , and all other Office-bearers requisite . Thus Bretheren of Gild , and Tradsmen , of which our Cities consists , have all their equall share in the Government of our Royal-Burrows . When any matter of more then ordinary Importance comes to be consulted of , if the Councill find it meet , they call the former years Council , and joyns both in the Consultation and Determination and if it be a business of setting on of a Tax , or Levying of Money ; whether for Nationall , or Particular Use , or such like , the consent of the whole is called for in a publick Head-Court conveened by Authority of the Magistrats : for the Reasons of the said Tax , or Imposition is holden out to them , so that by this , it may be evident to the judicious , that we have the best Ingredients and Advantages of all the severall sorts of Governments . Though some are Priviledged to be Sheriffs within their Jurisdiction , and so have Power of Life and Death in some cases , yet we may look on our selves as more happy in severall respects , under the Government of the well constitute Monarchie we live in , then if Soveraign Power were in our own hands , as many free Cities and Common-Wealths have . First , Because we are hereby fred from the fear of overthrow , oppression , or subjection to the lust of any proud or ambitious Neighbour , that perchance might have more Strength then we , being under the Fatherly Care and Protection of such a Powerfull Monarch . When we look back upon the manyfold dangers , that Famous and Renowned Cities have frequently been assaulted with in Elder times , or at present Beholds the many staggerings , and violent agitations , that free Towns have been surprised with in this our Age ; by reason of the Power , Ambition , and Avarice of their Insidious Neighbours : we may bless GOD for our Peace and Security . Secondly , If any intestine jarrs may unhappily arise amongst Citizens , which may draw Parties to Factions , and great Animosities and Seditions ; wherethrough not onely the Names , Fames , and Estates of the Inhabitants might be in hazard : but the Lives , Liberties , and Interests of the Common-Wealth might utterly be destroyed and subverted thereby . We have the Supream Authority of this Kingdom , to prevent all these evils , and to crush them in the bud ; whereby our Concord , Unity , and at least our Peace and Security is through Gods blessing safer then the great Imperiall Citie of Rome , when lyklie to have teared out her own bowells , by that unnaturall War betwixt Sylla and Marius , which destroyed the chiefest and best of her Senators , and so many thousands of her own Citizens . The like apparent Fate , being wisely and seasonably prevented , ( when that unhappy difference arose in Aberdeen , about the Year 1590 , called the Common-Cause ) by the Prudence and Authority of King JAMES the sixth , and the Interposition of the Convention of Burrows , who by the Kings approbation , did determine the controversie , which before , through slaughter and blood , had drawn to that hight , which if not timely adverted unto , might have brought with it destruction and desolation . Whereas , since the Government is so regulated , as is above shewed , and established upon surer fundations then formerly ; that through GODS Blessing thereupon , no such thing hath had any appearance since , not ( we hope through Mercy ) shall ever again . Next , though it would be pertinent to speak of the Magistrats , and their Qualifications , yet , I shall refer it till I intend to speak of their duties in particular , where , to hold out immediatly before their Qualifications , will be more recent and proper , and therefore shall speak of the Council in general . CHAP. III. Of the COUNCIL and their Duties in general , and their two chief Ends they should aim at . A Council is a certain Assembly , lawfully chosen to give advyce to him , or them , that have the Power of Administration of Affairs within the Common-Wealth . The Romans called the Counsellors Senators , for their ●ravity and Age , and sometimes they were ●●lled Fathers , from the care they had of the ●●mmon-Wealth , as Parents are careful to pro●●de and see for their Children , what they stand 〈◊〉 need of , or what their condition may re●●ire , Counsellors should do the same for the ●●-publick . They are custodes Legum , the keep●●s of the Laws , and appeals are made to them ●●●m the Magistrats , when any person conceives ●●mself wronged by them , The Grecians , and the Romans for the most part , composed their Councils of old wise and expert Persons . It is a great prejudice to a Citie , to have persons chosen , more out of a design to strengthen a Faction ; then for their worth and abilities especially when an Oath is taken by every Counsellor at his admission , to be a faithful Counsellor , in all , and every thing that concern the Common-Wealth . In all Royal Burrows the Council Acts are th● Rules ( for the most part ) by which all th● Affairs are ordered , and according to whic● the Magistrats should walk in all their adm●nistrations , next to the publick Laws of th● Nation . Wherefore , though the Magistra●● were never so well disposed , or qualified ; cannot be but a great discouragement , and a● impediment to them , if the Council be not composed of Wise , Judicious , and Able Men : mu●● more , if they be wicked , or vicious , alway● opposing good things , discouraging the Godl●● and Virtuous , and strengthning the hands ●● the Wicked . I shall hold out something of the Counc●● Dutie in common . It 's their Dutie , both a●● and every one , to propose to themselves , a●● seriously to mind two Great and Honorab●● Ends , wherein all their Consultations and A●● should terminat . viz. The Glory of GO● 2 dly . The Good and Prosperity of the Cit● ▪ ●●ese two Generals comprehend all the Par●●●ulars of their Duties , and they cannot be se●●rated ; for in Honouring of GOD , much of 〈◊〉 Happyness of the Citie consists : and in ad●●ncing the Happyness and Prosperity of the Ci●● there will redound Glorie and Honour to ●OD . CHAP. IV. Anent RELIGION and HOLINES , ●●erein it consists not , and wherein it ●●th consist . THere is no way , whereby GOD is more Honoured amongst men , then when they live according to the Rules of true Religion , as is holden forth in the Scriptures of Truth , and these are Plain , Spiritual , and Universal ; according to ●●at place in Titus 2.11 12. For the Grace of ●OD that bringeth Salvation , hath appeared to ● men Teaching us that denying all ungodly●●●s and worldly lusts we should live soberly , righ●●●usly , and godly in this present world . This comprehends all true Religion , To wit , a turning from all evil , and a doing of all good . There are two things specially requisit in al● that would serve GOD aright , and worshi● acceptably , One is a serious conversion of the heart from all worldly lusts and ungodly corruptions . 2 dly , A measur of a humble holy spiritua● lively frame upon the heart : without the former , all Religious Duties are but acts of Hypocrisie , according to Micah 6.7 . and though they would multiplie their services and duties t● the uttermost bounds of human powers , it wer● to no purpose , if there be not a washing from filthiness , lusts , and unrighteousness ; according to Isa. 1. from the 11. to 18. verse . So Isa. 66.1 . to 6. verse . without which , any may see , how the LORD hates and despises all the services and acts of worship in his people ▪ See this at length in Amos 5.21 . &c. I hate and despise your feast dayes , and I will not smel in your solemn assemblies , though ye offer me burnt offerings , and your meat offerings , I will not accept them neither will regard the peace offerings of your fat beasts and so furth . But let judgement run down as waters , and righteousness as a mighty stream &c. I mention this the rather , and these clear Scripturs , because it is a common fault amongst many Professors , to lay the stress of Religion and Holiness upon the bare observation of Ordinances and outward Duties ; though the ●●ide , greed , and vanity of the hearts , and in ● word , the spirit of conformity to the fashions ●f this world , remains and is in the dominion ●ith many of them , contrary to Rom. 12.2 . See Psal. 51.16 , 17. There are Sacrifices ●hich GOD cares not for , and there are that ●hich he regards : A pure heart , and a brocken ●●ontrite spirit , are the most acceptable sacrifices to ●OD . A pure mind is the best service of GOD ●●e most religious Worship of GOD , is to ●●llow and imitate him , and the way to Honour ●OD is not to be evil , sayes Senec. Lauct . Merc. Trism . Yet I would not in this be so understood , as ●● I were crying down all outward duties , seeing ● is their abuse my testimony is onely against . ●nd therefore , my 2 d. requisit I speak of , was ●hat they ought to be performed with a measure ●f a Humble , Holy , Spiritual , and lively ●rame of Heart ; without which , Duties are ●ut dead , and will be as abominable in the ●●ght of the LORD , as if they under the Law , ●ad brought a dead carcase of a beast , to offer ●p in Sacrifice before the LORD . But not to insist further in this , I shall set ●own a Testimony or two , of a Judicious and ●earned Man , concerning true Religion . Peter ●harron in his second book of Wisdom , Cap. 5. ●oncerning Religion , sayeth thus . That of so many diverse Religions , and manners of serving GOD , which are in the World or may be , they seem to be the most noble , and to ha●● greatest appearance of Truth , which without gre●● corporal , and external service , draw the soul in it self , and raise it by pure contemplation to a●mire and adore the great and infinite Majestie ● the first cause of all things , and the essence of essence without any great declaration or determination the●●of ; or prescription of his service , but acknowledgi●● it indefinitely to be goodness , perfection , and infi●●ness wholly incomprehensible , and not to be know● . Again , ( sayeth he ) Religion consisteth in t●● knowledge of GOD , and of our selves , ( for it a relative action betwixt both , ) the office thereo● is to extol GOD to the uttermost of our power , a●● to beat down man as low as may be , as if he w● utterly lost ; and afterwards , to furnish himself wi●● means to rise again , to make him feel his misery and his nothingness , to the end he may put his wh●● confidence in GOD alone . Again , ( sayeth he● The office of Religion , is to joyn us to the Author a●● principal cause of all good , and to reunite man , a●● fasten him to his first cause , and to his root ; where●● so long as he continueth firm and setled he prefer●eth himself in his own perfection ; and contrarywis● when he is separated , he instantly fainteth a●● languisheth . Next , as to Religion , all in Authority a●● to evidence their zeal for the LORD , i● bearing down all open scandalous Vices , a●● Drunkenness , Whoredome , Cursing and Swearing , ●hest , Oppression , Blood-shed , Cheating , and all ●njuries that are not consistent with the good ● Civil Societies : And on this account he is the ●inister of GOD , and is not to bear the Sword ● vain . Rom. 13.1 , 2 3 &c. Next , he is to honour true Religion in his ●wn personal walk , in all his private or publick ●ctings : he is to shew himself exemplary , and ● guard and watch against any scandalous fail●ngs ; for as one sayes , Magistratus ubi enim de●nqunt , longè majus exemplo quam culpa peccare vi●ntur , Minores namque omnes eorum vestigia se●uuntur , vixque se errare putant , cum ejusdem cri●inis reum aliquem Senatorem ostendunt . That ● , When a Magistrat doth transgress , they ●em to sin more by their example then fault ; or all their inferiours follow their footsteps and ●arce imagine they erre , when they can hold ●ut a Ruler guilty of the same crime . Pat. ●inensis Instit. Reipub. Lib. 3. Tit. 3. And as he would wish to be honoured of GOD ●o be an instrument of good in his place he ●ust make conscience to look up to GOd , ●nd wait upon him for his blessing in all his ●ndertakings . Prov. 3.6 . If we acknowledge ●e LORD in all our wayes , he will direct our ●aths . And without this waiting on the LORD or his blessing , how can any expect to prosper ● their undertakings and consultations . The forecited Author , sayes in that same place . Ib● nunquam res humanae prospere succedunt , ubi ne●gliguntur divinae . There human matters never succeed well , where divine are neglected . And he adds , Tit. 4. Let the Council be diligently carefull , that what ever is done in the Senate , they may have GOD for their Author , whose favour being obtained , by the Sacrifices of spiritual Prayer nothing can succeed ill , nor fall out wrong in th● Common-Wealth . When a Popish Prelat goe● thus far in this matter , Professors of Truth should much more depend upon GOD , and acknowledge him , having many promises annexed to the Dutie , as Ierem 29.12 13. Zach. 13.9 . Psal. 10.17 . Philip. 4.6.7 . Prov 15.8 , 29. Ioh. 16.23 . Thus for the dutie of Holiness , which is the● first branch of Religion . CHAP. V. Anent Iustice and Righteousness , and the Branches and Effects thereof in a City . CIties that would honour GOD aright , would studie in all things to be Just and Righteous . This Righteousness and Justice of all the blessings o● Civil Society is the greatest : for ●t layes the foundation of Civil Societie , and without it there could be no Civil Societie , or Corporation whatsoever : yea , without it , all ●he duties of Holyness and Religion will prove ●o be but Formality and Hypocrisie : accor●ing to Amos 5.21 , 22. The propertie of this Divine Vertue , is to do wrong to none , and ●s the Civilists desyne Justice , it is to render ●o every one their due . To those that have ●eserved well , thanks , praise and reward ; ●nd to offenders , rebuke and punishment . It is verie notable duty , and a branch of this vertue , to keep promises , pactions , ●nd covenants ; and all such engagemen●s ; ●nd that not onely with Citizens or Strangers with whom we have to do , but also with our Enemies . There can be no baser imputation ●pon these who have the charge of the Common-Wealth , then to break promises and engagements , which reproach can never be ob●iterated by any progress of time , as we read of the Carthaginians , whom Ennius called Covenant breakers , which was the chief cause of the overthrow of that Famous Citie , which had so long contended with Rome for the Empire of the World. Cicero calls this fidelity , a constancie of words and Counsells , that all ●e done which are promised . Let these therefore , who have charge of a City embrace Righteousness , from which , neither fear nor favour , hope nor prom●ses , nor any other allurement ought to di●ve●t them . Let this Righteousness appear in all concernments , both publick and private weights and measures , in guarding against oppression of any , doing wrong to none encouraging and defending the just and vertuous , and punishing the unjust and vicious . From this Vertue , ( when carefully made conscience of , ) their will spring forth many more , which will contribute much for the good of an Corporation . As Innocencie , Freindshipe , Concord , Kindly Love , Thankfullness , Courteousness , Gentleness , all which are Ornaments of the best Citizens . The Righteous LORD loveth Righteousness Psal. 11.7 . And Blessings are upon the hea● of the just . Prov. 10 6. The righteousness of the perfect shall direct his way : The righteousness o● the upright shall deliver them : And to him that soweth righteousness , shall be a sure reward Prov. 11.5.6.18 . CHAP. VI. Anent Sobriety and Moderation . THe third thing that most immediatly relates to the Honour of GOD , is a Christian Sobriety and Moderation , whereby all pride inordinate passion or hastiness , excess of meeat drink and vanity of apparell will be evited . Pride and self-conceit hath occasioned manie evils both in Church and State : But I shall say as the Apostle said , Rom. 12 3. For I say through the grace given to me , to every man that is amongst you , not to think of himself more highly nor he ought to think , but to think soberly , according as GOd hath dealt to every man the measure of faith . This Vertue will not permit any rash course to be taken , but will make men carry themselves moderatly ; both in Prosperity and Adversity . This will not let Rulers imperiously Command , as through passion or hastiness to abuse the Citizens , and to encroach upon their just liberties and priviledges ; but wisely and moderatly perswade and exhort where that can take effect , and to do nothing by force ; because power is in their hands , which is very unsuteable , yea most detestable in a free City , and amongst a free people , unless inevitable necessity require it . This will not permit a Magistrate to be elated or lifted up in his mind , but will suppress that vanity and ostentation that many are subject to . Valerius Publicola was most imitable in this : That when the people of Rome had expelled their Kings , and they with the Senate had conferred the supream Authority upon him ; yet he used it most soberly and modestly , and of his own accord , assumed Spurius Lucretius for his Collegue , and because he was a man of a greater age , caused transferr the Rods or Magistraticall Ensignes on him . By the exercise of this Vertue , all excess in meat and drink will be eschewed , and all vanity or prodigality in apparell evited and curbed ; and here I cannot but mention the commendable Laws made by Zaleucus to the Locrenses , to this purpose . Amongst many good Laws for that Common-Wealth to bear down the pride of women , He appointed that no woman whatsoever should wear Gold , or any precious or costly Garments ; unless they did publickly profess themselves Whores : nor that men should wear Gold-Rings , or Milesian-Garments , unless they should be looked upon as Whore-Masters or Adulterers : whereby Diodorus sayes , through fear of reproach and shame , he did most wisely curb all excess and superfluitie , which are amongst the Vices that wrong a Citie or Common-Wealth . If there were more of this Vertue in Cities , there would not be such unlimited deboarding in rich and costly Apparell ; that there is nothing the most Noble in the Land can wear , but Citizens Wives and Daughters , yea sometimes of the meaner quality must have it , if they can reach it . It were very suteable to the Wisdom of a grave Senate ; by Penall Laws , to restrain these excesses which neither GODS Law , nor Conscience can bear down . It s sad to see , when diverse Acts of Parliament have been made to restrain this excess , and yet , that Magistrats and Councils should let them perish , through their slackness and want of Zeal to the Publick Good. The best fruits of this Prodigalitie in a Citie , is to uphold and increase Pride , Emulation , Lust , and to diminish particular mens Estates ; which should relieve and uphold the Common-Wealth under incident Burdens . It were more praise worthie , if the expense made upon costly Apparel , ( beyond what might serve a comely and due decency ) were bestowed upon Gardens and Orchyards , in and about each Town , which would be more usefull for the health , life and pleasure of Mankind ; and would be comely Ornaments to a Citie , and yeeld in time good profit . I would have all Christian Women minding that command , 1. Pet. 3.3 , 4 , 5. Whose adorning , let it not be that outward adorning , of plaiting the hair , or wearing of gold , or putting on of apparell : but let it be the hidden man of the heart , which is not corruptible even the ornament of a meek and quiet spirit , which is in the sight of GOD of great price . For after this manner of old time , the holy Women also who trusted in GOD adorned themselves , being in subjection to their own husbands . In this was the bravery of holy Women in old times , who desired to be in more esteem with GOD then with men . And thus I have spoken a little to these three particulars , whereby men may most grorify GOD , and which more immediatly tendeth thereunto . CHAP. VII . Anent bearing down Ambition , and joyning in Elections of Magistrats and Councill . HAving in the third Chapter , proposed what were the two great and Honorable Ends which the Councill should aim at , to wit , GODS Glory , and the Cities Wellfare and Prosper●ty ; and having spoke at some length concerning these Duties vvhich relate most immediatly to the Glory of GOD , in recomending Holiness , Righteousness and Sobriety : I come novv to ●peak of these Duties vvhich more ●mmediat●y concern the good and prosperity of the Ci●y , and first I shall speak of some evils which ●re very proper for a Councill to conside● ; the prevention or reformation vvhereof may tend ●o the good of the vvhole Body , as the abuse hath often times hazarded the prosperity of a Common-Wealth . One is , that it is a very concerning business for a Senate to consider and use all means that may crush ambition , brybing or unlavvfull suteing for places of Magistracy , vvhich is called by the Latins , crimen ambitus ; and in some Cities thir fourty years bygone being termed Joyning By this Factions are made , heart-burnings kindled , discords multiplyed , malice and wrath fostered , pride nourished , and the best and worthiest depressed , vvhen the emptiest and vvorthless are advanced , the good of the publick neglected , yea many times overturned , if not destroyed : As may be seen in the example of Sylla and Marius , Pompey and Cesar , through vvhose ambition and inordinate desire , to have all the Government in their Persons , Rome lost a greater number of Citizens , then she did by the propagation of her Empyre over the vvorld , and though vve vvho live under Monarchical Government , are not in such hazard to ruine our selves , that Parties and Factions dare come to that hight , as these Cities that had Soveraign Povver , and none above them to overavv them ; yet sure I am , great are the prejudices and decayes these ambitious and factious persons bring upon a City , for vvhatever one person speaks or does , vvhether it be according to reason or not , the other does alvvayes oppose it . It is reported of Themistocles betvvixt vvhom and Aristides there vvas a great emulation and hatred , they tvvo being the most Famous and Worthy Persons in Athens ; yet alvvayes opposed each other , so that the Senate at a time rysing vvithout any thing concluded by reason of their janglings , Themistocles cryed out , Unless ye throw him and me into the Dungeon , the Athenian Common-Wealth can never prosper nor be safe . In a vvord , by this many vvorks of the Devil are caried on , and the Spirit of GOD greatly grieved and provocked . All these sad effects vvould be carefully cured by removing the cause , vvhich is this Joyning . I think it vvill be belovv the Spirit of an Ingenious Man , to abase himself to these reproachfull vvayes , that many ambitious persons falls upon for putting themselves into Offices of Magistracie in Towns , and for strengthning their Factions vvhereby they may rule as they list , and bear dovvn their Competitors . ● knovv not vvith vvhat Faith they can ex●ect direction from GOD , or strength from ●im under difficulties , or success in their un●ertakings or consultations for the Common-Wealth , seeing they did not vvait for his call ; but did run unsent , vvhereas one that never had a hand in his ovvn Election , but onely by the esteem and good opinion that the E●ectors had of him , is called to place or office of Trust ; he may look on it in some measure as a call from GOD , and confidently seek wisdom , direction and success from him in all his undertakings , and may expect strength and furnitur for cutbearing of him at all occasions accordingly . Now this Ambition and joyning work is for the most part carried on with the inferiour sort of people , that have hand in Elections as some Deacons of Trades . I desire not that I should be so understood , as meaning by all Deacons of Trades in generall , for I doubt not but many amongst them are discreet , vertuous and sober men , that will not comply with any design prejudiciall to the publick wellfare of their respective Towns : for these who are greatest sticklers for strengthning of Factions and promoting of themselves , finds themselves concerned to invite these to Taverns , and keep meetings at drinkings and collations at unseasonable houres , whereby to work upon the minds of these men , to gain their votes and secure their designs , without considering that by such means any naughty person may be gotten easily preferred to the most deserving , that cannot comply with these wayes or the humors of such men . Even as it fell out with Pub. Scipio Nasica , ( to whom the Senate of Rome for his many notable services to the Common-Wealth , had given the Title of A brave and most Excellent Man , ) when he was upon the list to be Aedilis , or Master of the Publick Works or Houses , taking an labouring man by the hand , which he found very hard , ( as hardy Craftsmen uses to be ) asked in jeast , whether he walked on his hands or feet ? which the Tradsman taking so ill , many being round about him , it went presently through all , and was the cause of an repulse to that excellent man , because they thought he mocked them . Yea , was not Paulus Aemilius often repulsed , because he would not joyn : And was not that brave Fabius Maximus repulsed , and Terentius Varro preferred to be Consul by the votes of the Vulgar , ( though he was none of the Patricii or Nobility , but come of the Plebeian sort , ) and had thereby almost ruined and lost the whole Estate of Rome , and the City it self , after the Famous Battell of Cannae , lost by his temerity and folly . Wherefore it were a work worthy not onely of the Councils of particular Burghs , but of the grave and judicious Meeting of the Convention of the whole Burrows , to take away so far as can be , this bitter root which hath troubled the Burghs of these Kingdoms so long with so many sad fruits . The Romans made Laws against it , other Cities to cure it , did choose their Senators and Councils by Lot , as Florence and Sienna , which often proves dangerous . The Venetians mix Lots and Elections together unto this day , of purpose to bear down Ambition , whereby great Concord is preserved , and their State hath flowrished wonderfully , having stood above eleven hundred Years . And if the Zeal of these Wise and Potent Cities for the preservation of their Civil Liberties be such , in the care they take in their Elections , though these things amongst us be of so far less importance , even beyond all comparison ; yet Christians in their Sphere though never so low , ought to be no less carefull to bear down Sin , and to be tender of the Honour of GOD , which suffers not a little often times by these things . Wherefore , I must recommend it to be thought upon in an effectual way , being confident , the KING , Parliament and Council , will be ever ready to ratify what may be in this for the Honour of GOD , and the good of such a part of the body of the Kingdom . CHAP. VIII . Anent Sloath and Neglect in Rulers , and their publick Administrations . THe next evil a carefull Senate and faithfull Rulers should beware of , both in themselves and others , of whom they have the charge , as they would wish matters go well , is Neglect and Sloth . It s too common a fault amongst many in publick trust , they look more to the Dignity then Duty of their Charge ; but a person whom GOD hath called will make conscience of their Imployment , and mind their business , and study a faithfull discharge of their Duty . 2. Chron. 19.3 . It s said , that King Jehosophat prepared his heart to seek GOD , which is as much as to say , he seriously bethought himself , how he might most advance the Honour of GOD , in that high station the LORD had placed him in , and we have excellent fruits of that seriousness , mentioned 2. Chron. 17.6 , 7 , 8. And 2. Chron. 19.4 . and to the end of that Chapter . 2. Where this Sloth and Neglect hath place , there is no good minded nor acted , even although men be of great and pregnant Parts , otherwise , whereas carefull and diligent Persons , though they may be far short of that quickness and abilities which others have , yet may do more good , and to better purpose prosecute their business , then they from whom more might be expected . It s reported that the Famous and most Eloquent Orator Demosthenes , had no great promptness or naturall parts , but onely by Pains and Industrie , became to outstirpt all in Greece ; yet when provocked , he would speak nothing immediatly , till he had premediated in his Nocturnall Lucubrations what he was to say : which occasioned Pythius an Athenian Orator to say , That Demosthenes Orations did smell of a lamp . Also , when expediency would require , that he should speak for himself ex tempore , Demades behooved to plead for him , who was very prompt , and did excell all others in an extemporanean discourse , being by Nature and Ingyne far above all others in Athens , tho by pains and industrie Demosthenes did far outstrip them all . It falls often out , that painfull and diligent men will do far more , then many that are of much greater naturall Parts ; for care and diligence will supply what is wanting in Nature and Engine : on the contrare , these o● sharpest Wits , trusting to the strength of their Parts ; oftentimes are slothfull and lazie while they remain too confident in their Gifts of Nature . 3. My meaning is not here to condemn seasonable and suteable divertisment , for I know the nature of man is such , that his Spirit cannot alwayes keep upon bend , except it debilitate and loss its vigor and activity ; for Nature it self craves refreshment by sleep in the night , after the travell in the day ; so the Earth ceaseth to bring forth her Herbs and Fruits at all Seasons , but being spared be the cold nipping frosts of Winter , returns with new strength to shut forth her tender buds in the Spring . It s reported in Ecclesiastical History , that when some persons came to see John the Apostle , through the Fame they heard of his Holiness and Gravity , they found him feeding a Bird , who perceiving they wondred some what at him , as being disappointed of their expectation , takes the Bows which were in their hands , and asks them why they did not alwayes keep them bended ? They answered it would weaken them much , and render them more unfit for service when they should have use for them : even so said the Apostle , must I take some divertisment , else my Spirits should fail . 4. Augustus Caesar having changed Capreae for the Island of Inarime with the Neapolitans , that he might retire thither for his health , did build there a glorious PALACE , which he made use of for honest recreations when wearied with business . Recreations are not onely lawfull but expedient , yea sometimes necessary , but when men are too much in them , and at unseasonable times , they are sinfull and very unbeseeming any , but especially publick persons ; for then not onely is time lost , but oft times needfull and weighty business neglected , justice delayed , the poor and oppressed not relieved . Even as Tiberius abused that Island exceedingly , which Augustus did use soberly , for he went thither to befool himself thorow sordid neglect and sloth , and when he was to depart from Rome , set out an Edict that none should call for him , and sent some of his Train before , that all who in his journey thither were like to meet him , might be put out of the way and no person to come to him ; that being entered this Isle , he might lay all care of the Empyre aside : whereby he permitted Armenia to be taken by the Parthians , Mysia by the Dacianes and Sarmatianes , and France by the Germans , with great disgrace and hazard of the whole Empire . He in the mean time taking liberty through the secrecy of the place , which was guarded on every side with high Rocks , and no entry thereto but a narrow shoar , did abundantly and freely discover the ill dissembled vices of his mind : And with Pomponius Flaccus , L. Piso spent both dayes and nights in feast●ng and drinking . To the One he gave the Province of Syria ; to the Other , the Government of the City of Rome , calling these his most joviall Friends and Companions for all seasons . His greatest delight of that Isle was , that there he could execute his cruelty more easily , ( wherein he took singular pleasure ) for whom ever he did hate , after most exquisite and long torments , he caused throw them into the Sea. It s sad when the lawfull recreations of some , are turned into such excess by others , that they become their shameful snares and sins . 5. Demetrius King of Macedon , in the beginning of his Reign , was exceedingly given to sluggishness , and delighted onely in solitary idleness , that it was very hard and difficult to get access to him , which was the more recented by his Subjects , that King Philip had been so accessible , that any might have got audience from him at all times . It fell out that an old woman finding the King not busie , requested him to hear her graciously : The King replyed somewhat passionatly , that he had not leasure to hear her , but she fastning her eyes cryed out , that he should not be a King if he irked to hear : Demetrius considering and becoming more mild , gave her audience at great length , and did her business and sent her away with very affable words ; and after he had pondered the words of the old woman , he changed his way and became very accessible and gracious to all that made address to him , so that a great part of the day he spent in hearing and giving answers ; not without great profit and delight . 6. By all this , I would desire a due diligence in all Affairs , with that seriousness that becomes , not excluding seasonable and moderate divertisment , which will rather whet then blunt the Rational Faculties for their proper exercises . And that neither Magistrat nor Council may satisfie themselves with the name of their charge , nor with the forme of their appointed dyets and meetings : but labour to consider the particular affairs of the Town , and of their respective Charges and to consider of every good and laudable Motion that concerneth the same , and not think it sufficient to approve the same in words , or with a verbal consent ; but so to entertain it , and prosecute all these publick concernments , as not onely to stop the mouth of any that may challenge them of neglect ; but fully to have the answer of a good Conscience towards GOD , before whom they have lifted up their hands to be faithful in their charges and imployments . 7. And here I judge it not unfit to offer it to consideration , that as this is a Duty of persons in publick trust to mind their own Administrations ; so it were worthy of a Judicious Senate , that would advert to every thing commendable in a Common-Wealth , to study all wayes and means to check the idleness and negligence of all within their Corporation : especially of the Youth , whose spirits being naturally in the greatest heat , and consequently fittest for action , would be carefully keept at vertuous Imployments , which by the Favour of GOD may greatly conduce to the good of the City , and preservation thereof in its prosperity ; otherwayes if Idleness get liberty , all the activity of their Spirits will vent it self in Vice , which is not onely their personal ruine , but the decay of the whole Body in a short progress of time . 8. Homer the Famous Graecian Poet , when he would mock and jeer Idlesit and Lazines , he brings in the Cyclops , or Antient Gyants who passe their whole time in Idleness , and esteems it their chiefest happiness to be doing nothing , he allots Lands to them that neither needs ploughing nor sowing , but all fruits grow there naturally of their own accord , by which they are plentifully fed : and least they should be troubled with the meanest thought , he commits all care to the Woman . His Verses are rendered in Latine to this purpose . Omnia per sese nullo nascuntur Aratro , Non Fora , non causas agitant non sancta Senatus Jura , sed in celsis habitantes montibus antra Et puer , & magnis de rebus judicat uxor . Englished thus . All things grow of themselves without the pleugh , They plead no causes nor in Courts do sue , Regarding not the Senats sacred Laws , But in high hills they dwell and dungeon caves : They to their wife and children do commit To judge of weighty things , as they think fit . This kind of Idlesit is most hatefull , because it is to be esteemed the greatest enemie to Vertue , and opposes every commendable Art and Calling : and because it abhores the meanest care , therefore it s called by the Antients Incuria , and by the Graecians 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that is without care . I would have all ( especially of the meanest rank ) to hate Idlesit , because it hath three evil Companions attending it , Reproach , Poverty and Famine , which are three exceeding feirce destroying beasts . 9. But though I was saying something in the former Chapter against unlawfull hunting after places and preferment , I cannot but take occasion from this , to shew such a fair way to satisfie their desires , and for this let them take notice of the word : Prov. 22.29 . Seest thou a man diligent in his business , he shall stand before KINGS , he shall not stand before mean men . Here a promise of Honour and Preferment to the carefull and the diligent , and this is a commendable and most lawfull way of seeking preferment , if when a man from a right Principle out of Conscience of Duty , studies a sedulous carefulness and diligence in all he is called to go about . Upon the contrare , Idleness , Sloth and Laziness is threatned with difficulty vexation and pain . Prov. 15.19 . The way of the slothfull man is an hedge of thorns . So Prov. 13.4 . The soul of the sluggard desireth , and hath nothing . Prov. 21.35 . The desire of the slothfull killeth him , for his hands refuse to labour . See Eccles. 10.18 . Prov. 24.30.31 . I wish all persons both in private and publick imployments may seriously mind these threatnings , relating to this common guiltiness of Idleness and Neglect . 10. But for the incouragement of any who are grieved for their Sloth , and aversation from Pains , Industry and Vertue ; I shall give them two or three instances , that may raise their hopes and preserve them from utter despondency , and sinking under this burden : But I must say it were a ground of good hope , if such as have been usless in their generation , either through a naturall sluggishness of Spirit , or depraved manners , frequenting loose and dissolute company , that they were so far come to themselves as is said of the Prodigal , Luke 15.17 . To reflect upon their Folly and Sloth , and thereby become weighted with it , so as not onely to desire , as Prov. 21.17 . but seriously and effectually to resolve , to set a work after Duty with all their might : To such I will set before them these instances . 11. We read of Manlius Torquatus , son to Lucius Torquatus , ( a most brave and excellent Roman , ) that he was of such a blunt and blockish nature , that his Father did appoint him to live remotly in the Countrey as being unfit for either private or publick business ; yet notwithstanding , a little after being wearied with his sluggish disposition , he so bestirred himself , that he relieved his father ( being found guilty ) from the hazard of the Law , and by the War and Victory he had over the Latins , he obtained a Triumph with the great applause and consent of the whole people . What greater corruption could appear , then in Fabius Maximus in his Youth , but when he came to ryper Years , there was nothing wanting in him that could be for compleating the gallantest of men ; to whom the Surname of Allobrogis was given , in honour of the Victory obtained over the Gaulis or Frenches by his particular care and conduct , which Surname never wore out of his Posterity . Neither is that passage concerning famous Themistocles to be past over in silence , whose profligat and abominable-Life was so despaired of , that his Mother did hang her self for grief , yet afterward coming to more years , he attained to such excellency , that the most Eloquent Cicero stood not to call him the Prince of Greece , and not unworthily , seeing he gathered the distressed Forces of Greece , when Xerxes with his innumerable Navy began to burn Athens and other Towns , and became the Valiant Avenger of his Countrey , and compelled that King whom the Seas seemed not sufficient to bear , to return with trembling into his own Countrey in a smal fishing boat . O that such may be the fruits of many that have long stood as barren Plants in their Generation ! Let all that are sensibly touched with a deep impression of their unfruitfulness and usless life , improve by Faith and Prayer , that refreshing Promise , Psalm . 92.12 , 13 , 14. The righteous shall flourish like the palm-tree : he shall grow like the cedar in Lebanon . Those that be planted in the house of the LORD , shall flourish in the courts of our GOD. They shall still bring forth fruit in old age : they shall be fat , and flourishing . Now the LORD is faithfull , And his truth endureth for ever . Psal. 117.2 . CHAP. IX . Anent Envy and Vain-Glory , being both Enemies to Vertue . IN the next place , I would have Counsellours and Citizens watching against Envy , whereby a man grieves at his Neighbours Good , Prosperity and Success , and rejoices at his hurt ; or when any cross event befalls him . If the good of the Common-Wealth were sincerely aimed at , it would be the joy of all the Members that the Body were well . If any were blest to be an instrument of good to the Publick , every Ingenious Person that hath a Publick Spirit would rejoice therein , and esteem more of the person , and give all the Glory to GOD the cheif Author thereof : and would be far from that venemous disposition , to detract , misconstruct , defame or look with an envyous eye upon such as did deserve better from all . 2. This evil of Envy rages most against the best deserving , and therefore the more hatefull . If any one be blessed to be an instrument of good , and because thereof , be commended by some according to demerit , this stirs up Envy in others , and occasions detraction and misconstruction of the best deeds or endeavours , contrare to the rule of Love , 1. Cor. 13.4 5. Charity envyeth not , thinketh no evil . 3. Envy hath brought ruine to many Famous Cities and Persons . It was the misery of Athens , that could never endure to see one Citizen become more Famous and Deserving beyond his fellow Citizens , but either he was killed , banished , forefaulted of his Estate , or otherwise tempted to put hand in himself . It was Envy that was the death of that moral and most strick Philosopher Socrates , whom , when his Wife Xantippe ( tho a most perverse Woman , and had been a daily Tryall to the Good man , yet , ) when she saw the Executioner reaching the Cup of Poison , which he was sentenced to drink , cryed out , That he was an innocent man that was now to dye . Socrates answered , What ? thinks thou it better I should dye guilty ? What may be said of other Famous Athenians , whose Glorious Actions both in Peace and War , at home and abroad , did not honour them with the Glory of Trophies or Triumphs , but procured the Punishment of an miserable Exile . Themistocles after he had beatten Xerxes in a Sea-Fight , and had delivered his Countrey and all Greece from the Command and Tyrrannie of the Barbarians , behooved to yeeld to Envy . He is rewarded with ten Years Banishment , and the best excuse the Athenians could put upon it , was that they might bear down his Spirit , lest otherwise by Power and Glory , he might be lifted up and transgress the bounds of that popular equality that was fit : yea , they permited Tymocreon a Rhodian Poet to defame him in Verse , and to accuse him of Covetousness , Unjustice , Wickedness and Perjury . 5. Aristides who by Vertue and the Glory of his Actions was most Honourable , and through his Zeal to Justice , was surnamed Just ; was ejected and banished out of his Countrey , though he had preserved , enlarged it , and with so great Honour made it Famous . When he was going out of the Town , he lift up his hands to Heaven , not with imprecations against his Citizens , but prayed to the most High GOD , that all things hereafter might befall the Athenians so happily and successfully , that there might be no more occasion to remember Aristides . Examples might be multiplied , to show how Envy hath depressed many excellent Men , and rendered them uncapable to do their Countrey or Common-Wealth service . 6. But because this is the thing that envyous ones most desire , I shall mind them of some Scripturall instances , that may deterr them from so base a Vice. Let such consider , that Envy is a disease that torments themselves , more then it can do the person whom they envy ; Therefore Antisthenes said , that as rust eats iron , so does envy the person that envyeth . Solomon sayes , Its rottenness of the bones . Prov. 14.30 . So David , Psal. 112.10 . speaking of the envy of the Wicked to the Righteous , sayes , They shall gnash with the teeth and melt away . Iob. 5.2 . Envy slayes the silly one . 7. It was Envy that made Corah , Dathan and Abiram provoke the LORD , to cause the Earth open her mouth and swallow them up . So Psal. 106.16 . compared with Num. 16.30 , 31. verses . Envy was the first rise of the ruine of Pharoah and the Egyptians , Exod. 1.9 . Behold the People of the Children of Israell are more and mightier then we . GOD who is Love it self , and takes pleasure to do good , and also in the wellfare of all his people , cannot endure Envy ; wherefore , if we would approve our selves to be of one Spirit with Him , we would not envy the Honor , Esteem , Riches or any Vertue which others do happily procure , but when ever Providence should bless any , to be instrumentall of publick Good , we take the Obligation as our own , thinking our selves bound to recent it as done to our selves . 8. But because naturally the Spirit that dwelleth in us lusteth to Envy : Iames 5.5 . all persons would need to watch against Vain-Glory and Vaunting , as they would wish to be fred from Envy , for nothing provokes others more to Envy , then the vanity of boasting of their Vertues , Worth , and of any Good they have done . It s good to keep an equality and carry soberly , not permiting our selves to be blown up with any wind of vain Conceit or Applause from others , nor to hunt after it . Many Heathens have given eminent Examples of Moderation in shunning all causes of Envy , some have removed themselves from their Native Countrey of purpose to eschew the Envy of their Citizens ; others have refused Rewards for their most Notable Services . As Pittacus Mytelaeneus , who was holden for one of the seven Wise Men of Greece , for when he had fred his Countrey from Tirrany , and had killed Phrynon the Athenian Generall in a singular Combat , when the Supream Command of the Common-Wealth was offered to him he refused it , and when his Countrey-Men offered him great and large Lands , he requested that they would not give him what many would envy , and many more covet : Wherefore of all these ( sayes he ) I will have no more , but so much as may declare the moderation of my Spirit , and be testimony of your Good Will towards me ; for lesser Gifts and Rewards are of greater duration , and great things are scarce thought a mans own . I might add many more Instances of the like Sobriety and Moderation in great Persons from several Histories , & particularly from the Famous and ever to be Honoured Common-Wealth of Venice , where it may be observed , that there was very little personall Ambition , or Affection of airie Applause , for all they contended was for the Good of their Native Countrey , and Wealth and Honour thereof ; for they would not admit of Sumptuous Tombs , nor Magnifick Statues , nor the Warlick Ensignes of their Glorious Victories to be set up as the lasting Monuments of their Vertuous Atchievments : but to give one of the many of such instances , Caspar Conterenus that Noble Venetian , in the description of the Venetian Common-Wealth , showes for proof of this , that Andreas Contarenus Duke of Venice dying shortly after that most remarkable Overthrow he had given the Genoaves , prohibited by his Latter-Will that no Ensignes or Ducall Coat of Armes , neither his own propper Escotcheon or Name should be engraven on his Tomb , that no person might know where such a Worthy and Well Deserving Person was interred . This and the like , may check the airie and vain Spirits that hunt after the vain applause of the World. 9. The Apostle gives an excellent Direction , ( which all that have a right esteem of Gospel Rules will walk by , ) Philip. 2.3 . Let nothing be done through strife , or vain glory , but in lowlyness of mind , let each esteem other better then himself . Again , Gal. 5.26 . Let us not be desirous of vain glory , provocking one another , envying one another . 10. As for Avarice which is a most dangerous and destructive evil to a Common-wealth , when it gets place in the hearts of Rulers , it s so gross a Vice in publick Persons , and I having never seen , nor known any prejudice done by any in power within the City I live in , to the common Treasurie or damnage thereof : I shall not insist on it , GOD Himself having by Jethro given it as a speciall Qualification of all that should be in Authority , that they should be men Hating Covetousness , Exod. 18.21 . Thus having touched at some speciall Evils very prejudiciall to a City , I shall in the next place , fall to speak somewhat of the particulars , which the Town-Councill should be carefull to cherish , for promoving the good and wellfare of their Corporation . CHAP. X. Anent Love and Concord , as the surest foundation of a Kingdom , City or Common-wealth . THe foundation of all Kingdoms , Common-wealths , Cityes , Societies and Families , is LOVE and CONCORD ; for as our Lord said , Mat. 12.25 . Every Kingdom divided against it self is brought to desolation , and every City or House divided against it self shall not stand . This may alone suffice to discover the absolute necessity o● Concord and sweet Harmony in a City and Common-wealth , therefore have I chosen to lay i● down in the first place , as the only and sur● foundation of a happy and prosperous City . For what is the Origen of a City or Civil Society but an harmonious Concord and Agreement to live together for mutuall Aid and Assistanc● in all common Concernments : and when thi● common and necessary principle is forgotten and every one minds mostly his own things , with the utter neglect of the common-Good ; it may be said , that People and Place are going to ruine . And in no Age since the World was , can any instance be given , where such a City or People did prosper ; multitudes of instances may be given where it was the dismall presage of an inevitable destruction , and that of the most famous and magnificent Cities in the World. To forbear the many miserable effects , which at first view are obvious to any judicious beholder , where this Vertue is wanting , I shall instance but this one Evil , which is an inevitable consequent thereof , and it is this ; Every motion that can be made for the publick Good , though with demonstration of never so much advantage , if it but cross the particular interest of any Partie or Person , yea , because it proceedeth from such a person or partie , it is forthwith opposed , crushed and utterly husht down by these concerned ; and all their Witt , Power and Moyen laid out for that end : Whereas , ●f there be Love and Harmonious Concord amongst ●he Inhabitants , all will joyn as one-man , to ●romote every Motion that may further the Publick Good. 2. Wherefore , I judge it a chief Duty ly●ng upon all in Charge , or that have any Place ●r Authority in a Common-Wealth to lay them●elves out in the pursuit of so great a Benefit : and seeing this is so necessar and conduceable for the good of a Corporation , I shall propose these few means that may contribute for the attainment and preservation thereof when attained . 3. In the first place , let there be care taken that all Ranks of Persons have their due Liberties and Priviledges preserved , according to the Rules and Constitutions of the Common-Wealth ; for incroachments upon these have caused great agitations , yea many alterations in the Governments of Cities , and sometimes have hazarded the ruine thereof ; from this General I shall instance some Particulars . 4. Let the People bewar , first of encroaching upon the Priviledges of the Councill and Magistrats , which cannot be done without Mutinies and seditious Meetings , and the most effectuall way to prevent this . Secondly , That the Magistrats and Councill be very tender of the Priviledges and Liberties of the People , to do nothing against them by force or oppression . Hence it was that the People of Rome rose up against the Decem-viri , when they perceived them to exercise Tirranny and Oppression under the covert of Authority : Therefore , by sedition and slaughter they were thrust out , and a new Government erected . So also the Thirty Praetors of Athens ( whom Lysander the Lacedemonian had set up , after they had with Poison and Sword destroyed many Famous Worthie Men ) were destroyed and overturned by Thrasibulus , which Socrates that Divine Philosopher foretold before he drank that deadly Poisonous Cup at their Decree . Therefore , Magistrats would rather moderate their Power by Authority , then bend and strain it up to the hight . Thus wisely Theopompus did bow the Royal Authority amongst the Lacedemonians to a certain mediocrity , and was the first setter up of the Epheri from amongst the Common People , ( like the Tribuns amongst the Romans ) and when he was Taxed by his Wife , as in scorn : Thinks thou not shame ( said she ) that thou leaves thy Son with less Royal Authority and Power , then thou got from thy Ancestors . He answered wisely , O Woman ! I do not leave them less , but a far more strong and lasting Authority . Magistrats would be milde and sober , as well as severe , as in Wisdom and Prudence the severall caises may call for . 5. Let not 3 dly the Bretheren of Gild incroach upon the just Liberties of the Trades , which I think were rather to be enlarged for the encouragement of Vertue , then peremptor●ly to be hem'd in : where there can be but small prejudice thereby to the Bretheren of Gild , and yet great benefit to them . By this the Trades might be engaged to consent more freely and cordially to all good Overtures , that might advance the Publick Interest of the Town ; therefore , any Favour may be allowed them with Publick Consent , that may not tend to set them up in a stated Faction and thereby make a rent in the Body , but all things which may evidence the good Respects of the Town to them , and encourage them in their Trades to be vertuous and diligent , ought freely and kindly to be condescended to 4 ly . On the other hand , the Trades ought not to envy the Priviledges of the Brethren of Gild , but each should be subservient in their places to another , neither of them seeking to Remove the antient Land-mark which their Fathers have set , Prov 22.28 . 6. In the second place , let due care be taken to suppress Factions and all factious Persons , which hath a direct tendency to Discords , Hatreds Emulations and many such like bad Vices ; if this Evil were seriously laid to heart , all the means that Wisdom and Prudence could help men to fall upon , would be imployed and improven to bear down this , of which I have spoke somewhat in the seventh Chapter , and therefore shall forbear it now . 7. In the third place , let Justice be duely administred to all without respect of persons with out fead or favour ; according to 2. Chron. 19.6 , 7 I but name this , & for brevities sake forbear , having mentioned it at more length in the 5. Chap. 8. Let fourthly , all the Inhabitants study a loving , discreet and respectfull cariage to one another , according to their Rank in the fear of the LORD , and discountenance and bear Testimony against all miscariages that may cross Love and Concord , and let all live in a courteous and peaceable Disposition ; and if there be any mistakes , which may readily fall in amongst Neighbours , let every one according to their Relation and Place study to clear it , and reconcile all disagreeing Parties , and look upon these that are apt to kindle discords and prejudices amongst Citizens , ( under what ever pretence ) to be unworthy to live in civil Society . If we be bound to offices of Love to Enemies , Exodus 23 45 , how much more to our Neighbours and fellow Citizens . This would be very lovely both in the sight of GOD and Man , according to Psalm 133.1 . &c throughout . O how good and pleasant it is to see Bretheren to dwell together in Unity , &c. 9 For begetting and mantaining this desirable Blessing of Love and Concord in a City and Common-Wealth . Fifthly , it would be very conducible to have Societies , Fellowships and Fraternities set up in a Town , and they to have frequent Meetings for conference about such Affaires as are most pertinent to their Societies , and for this end , it were good there were commodious publick Houses for their respective Meetings , with wayes set down and setled for all Accommodations convenient , ( whereby meetings in Taverns might be evited , where there is oftentimes too much Money lavished , and the Creatures too much abused , and much time mispent , ) where , with much sobriety and mutuall assistance they might with due moderation argue and debate about improvement of Traffick in Merchandise , and advancing of Trades and Arts , and propose Overtures , and set down wayes for the same , as need should require , to call for the Aid , Assistance and Authority of the Magistrats and Councill , and in all these Meetings , care should be taken that no motion might be heard , much less entertained , that did tend to division , just irritation or offence to any within the Common-wealth ; but let all have one eye to the Glory of GOD , their own Good , and the Prosperity and Advantage of the whole Incorporation . Bodinus in his third book of his Reipublick , and seventh chapter towards the end , shewes severall Advantages of these Meetings and Societies in Countries and Provinces , and particularly in the Province of Languedock in France , what great and good things they did , which I shall refer to the reader to peruse , but generally , there is much good to be done to the whole Town when they are discreetly and well ordered . By them , all abuses may come to be rectified , and what is defective supplyed ; and in a word , much reformation attained , and advantages improven for the good of every Partie and Members of the Body , and much Love , Harmony and Concord attained and mantained among all the Inhabitants . 10. It were good 6 ly . and very expedient , that the Inhabitants could come to that degree of Freedom and Brotherly Kindness , as cheerfully to entertain each other at Table , ( my meaning is not by Feasting , or in any extraordinary way , which might tend rather to a prejudice then increase of Love and Friendshipe ; but that neighbours might be so free and friendly together as to both give and take a part of any homely fare as occasion did offer . ) Cicero called the Table , Parens & Nutrix Amicitiae , The Parent and Nurse of Friendship . Lycurgus caused the Lacedemonians eat all together at Publick Tables , and upon the Common Charges . The Christians in the Primitive times , ( when Love was most remarkable ) had their Love Feasts , and all these were but to nourish and entertain so noble and necessary a Grace , as Love and sweet Concord is . 11. By this Blessing of Love and Concord , how joyntlie all should joyn together in every Overture and motion made for the advantage of the Publick , and good of the whole Body , ( that as Prov. 24.26 . Every man should kiss the lips of him that gave a good advice , ) though it were with some apparent prejudice to our own particular , if it were for a far greater good to the Publick . 12. By this we should make the Motto of all the Burrowes be most deservedly called BON-ACCORD , and that upon all commendable and Praise Worthy accounts , that it should be a delight to all to live together , a good example and refreshment to strangers that should see our Love , and if we did entertain this Peace within our Walls , the LORD would add that inseparable Blessing with it , Prosperity should be in our Pallaces , Psal. 122.7 . And for my part it shall be my Prayer , as verse 8. For my Brethren and Companions sakes , I will now say , Peace be within thee , and I will seek thy good . CHAP. XI . Anent Observation of Laws , both Nationall and Municipall . THere are two sorts of Laws that our Cities are to observe , One is Nationall Laws , which are made by the Supream Authority , for the good of the wholl Kingdom , these ought to be carefully observed , and if their be a negle●t of them , we are lyable to the Penaltie contained in the Lawes ; and in so far as the Law is just and praise worthy in it self , and is thro●gh neglect , or ( which is worse ) willfully slighted and transgressed ; it leaves a staine of unjustice and baseness upon the guilty : Wherefore , it is not onely the Reverence which we ow to Authority , but the Justice and Equity of the Lawes that should engage all good Men to yeeld Obedience to the Statutes of the Nation . 2. It may be asserted without prejudice to Truth , as these that are best acquaint with the Lawes at home and abroad knowes , there are few Nations ( if any ) that can be said to have better Lawes then we of this Nation have had : so that if there should be found any neglect , it would be the default of care and diligence , yea of the fidelity of those to whom the execution of them is committed . The best remedy whereof , is to have good , able and conscientious Office-bearers . 3. Yet I shall not desire to be so understood , as if I thought it Duty implicitly to obey all Publick Lawes , for I know a State may erre , and have erred as well as a Church ; and therefore Parliaments have found cause to repeall and nullifie many Acts and Lawes made by former Parliaments , and in caise of errour ( which a man by his private Judgement of discretion may discern ) it is sin to obey . For though the Authority be lawfull , yet it may make wrong Acts , which according to the Law of GOD , ( who is the onely Supream Law-giver ) cannot be lawfully keeped , upon this account Israel is threatned , Micah 6.16 . For the statutes of Omri are kept and all the works of the house of Ahab , and ye walk in their counsels , that I should make thee a desolation , and the Inhabitants thereof an hissing : therefore ye shall bear the reproach of my people . In this caice , I say when a Lawfull Authority Acts unlawfully , our duty is to suffer rather then to sin . It is therefore the duty of all to pray earnestly for Law-givers , that they might be Governed of GOD to make no Acts but what are good and observable , and what are sinfull may be repealled . It is so far from being a duty to obey sinfull ordinances , which are contrary to the Commandment of GOD , that it argues a people to have no sound Principle of the fear of GOD , but to have more fear and respect unto men that shall die , and to the sons of men that shall be made as grass ; then to the living GOD , who hath streached forth the Heavens , and laid the foundations of the Earth . Isa. 51.12 , 13. And GOD in his Righteous Judgement not onely threatens , but oftentimes executs that threatning , Hos. 5.11 . Ephraim is oppressed , and broken i● judgement : because he willingly walked after the commandment . It s no strange thing to see a people oppressed by those , whose sinfull commands they have willingly obeyed . The other kind of Lawes that are to be punctually observed , are Municipall , such as are made and enacted in Councill , and if expediency require , Ratifyed in a Publick Head Court , by consent of the whole Town : for Lawes of greatest and most common concernment , are of greatest Authority , when approven by all or most of an Incorporation . It is a well Governed Town , where Lawes bear the whole sway of the Authority , when neither fead nor favour , fear nor reward prevails , but all men are judged according to the Law impartially . Wherefore , I shall say no more to this purpose , but that it concerns all men in Councill and Magistracie strictly to take notice , what Nationall Lawes are most to be observed , that may conduce most to the good of the Town , and Honour thereof , and carefully to see these put in execution . And as for Lawes occasionally made be themselves , or by their Predecessors , for advancing of the Common Good , let them be observed with ●hat veneration , and executed with that dis●retion , as is most becoming their Honour ●nd Gravity . CHAP. XII . Some select Acts of Parliament , anent Royall-Burghs and the Conservator , and anent the Staple . BEcause Magistrats and Inhabitants of Burghs may probably not have the Acts of Parliament at hand , to make use of at all occasions , I have thought it not amiss , to extract out of the Abridgment of the Acts of Parliament , such as I judged most propper to be known by all , with this caution , that every discreet and intelligent Person may take heed to distinguish betwixt Times elder and latter . That in all Burghs there be eight or twelve Persons after the quantity of the Town , chosen of secret Councill and sworn thereto to decide matters of wrong or un-law , to the avail of five or eight pounds , within eight dayes warning . Ja , 2. P. 11. c. 46. That no man in Burgh be found in Man-rent , nor ride in Rowl , in fear of Weir with any but the KING and his Officiars , or the Lord of the Burgh ; and that they purchase no Lordship in Oppression of their Neighbours under pain of Confiscation , and their lives to be in the KINGS will. Ja. 2. P. 14. c. 77. Ja. 4. P. 3. c. 34. and Ja. 5. P. 4. c. 27 That all Merchants be Freemen indwellers in Burghs . Ja. 3. P. 2. c. 11. That Officiars in Burghs be not continued further then a Year , that the Old-Councill first choise the New ; and then both Old and New choise the Officiars : and that ilk Craft have Vot in Election of Officiars , by one to be chosen be the Craft yearly , and that no Captain , nor Constable of any Castle may bear Office in the Town . Ja. 3. P. 5. c. 30. In all Burghs four of the Old-Council should be chosen Yearly to sit with the New , notwithstanding the preceeding Acts. Ja. 3. P. 7. c. 57. That the Election of Officiars of Burghs be without partiality or mastership . Ja. 3. P. 14. c. 108. That all Officiars in Burgh be changed yearly , and that they be persons useing Merchandise within the Burgh . Ja. 4. P. 6. c. 80. Honest and and substantious Burgesses , Merchants and In-dwellers thereof , under the pain of tinsell of their freedom who does in the contrare . Ja. 5. P. 4. c. 26. That none be capable of Magistracy , or any any other office within Burgh , except Merchants and actuall Traffickers within the said Burgh allennarly , and no others . And that the said Magistrats and Commissioners of Burghs to Parliaments wear such decent Apparel in all solemn occasions as his MAJESTIE shall prescribe . Ja 6. P. 20. c. 8. That the Commissioners of Burrowes conveen yearly in Ennerkeithing , the morn after St. James day , to treat about the wellfare of Merchandise , and their own common profit , and the Burgh absent , to pay five pounds to the Coast of these present , and that letters be direct thereupon ▪ Ja. 3. P. 14. c. 111. That all Ships , strangers and others come to free Burrowes , and there make their Merchandise , and that strangers buy no Fish but salted and barrelled , and shall make no Merchandise at the Lewes , and that no Subject take Ships to fraught in defraud o● the KING under the pain of tinsell of life and goods ; and strangers contraveening , tyne Ship and goods . Ja. 4. P. 1. c. 3. This Act ratified , and further that none buy from the said strangers , but from Free-men , at the Ports of the saids Burrowes under the pain of escheat of their Moveables : Q. Ma. P. 6. c. 59. But this Act is called , an Act anent liberty of Merchants at the West-Sea . And these Acts again ratified , and that strangers neither buy nor sell any Merchandise but at free Burrowes and with Free-men : and that none conduct , fraught , nor pilote any stranger to the Isles , under the pain of tinsell of Life , Lands and Goods . Ja. 6. P. 7. c. 120. That Strangers-Merchants lodge in the free Burrowes or Principall Towns of the Ports where they arrive , and that their Hosts give an account to the KING of their Goods inward and outward . Ja. 4. P. 4. c. 41. That the Common-Good of all Burrowes be spent for their Common Profit , by the advice of the Town Council , and Deacons of Crafts where they are : and that the Chamberlane enquire into this yearly , and that the Rents of Burrowes be not set but for three years allennarly , under pain of nullity . Ja. 4. P. 3. c. 36. Ratification of the Priviledges of Burrowes , and that none dwell out of Burrowes , use Merchandise , nor tap , nor sell Wine , Wax , Silk , Spycerie , Wad , nor sicklike Stuff , nor Stapple-Goods , nor pack nor peil in Leith or other places outwith Burrowes , under the pain of escheat of the Goods . Ja. 4. P. 6. c. 84. That Commissars or Head-men of Burghs be warned to the giving of Taxes , as one of the three Estates . Ibid. c 88. That Magistrats of Burghs bring yearly to the Exchequer , their Count-Books of their Common Good , under the pain of tinsell of their freedom , and that fifteen dayes before , they warn all that pleases to come and object against their accounts . Ja. 5. P. 4. c. 26. That no Earl , Lord , Barron , nor others molest Burrowes , their Officiars or Merchants , in using their Liberties , under the pain of oppression . Ibid. c. 27. That no man pack nor peil Wool , Skin or Hide or loss nor laid outwith from Burghs and Priviledges thereof . Ja. 5. P. 7. c. 107. Item , That no persons strangers or inhabitants within the Realm , pack or peil any hides or skins in the Isles out free Burghs , under the pain of tinsell of the saids hides or skins ; and the Sheriffs and Over-lords of the Land where the same is done , are ordained to put the Act in execution . Ja. 6. P. 23. c. 12. He that tines the cause within Burgh payeth the winners expense . Ja. 5. P. 7. c. 110. And also , 12 pennies per pound to the poor . Ja. 6. P. 6. c. 92. That the Officiars of Burghs have the onely power to punish Forstalers within the same , Ja 5. P. 7. c. 113. Renewed , but the power of accusing ( because of the negligence of Burrowes ) given also to the Thesaurer , or his MAJESTIES Advocat . Ja. 6. P. 12. c. 148. That Burrowes have an universal Weight . Ja. 5. P. 7 c. 114. That the Officiars in Burghs search and apprehend all havers of false Money , or counterfitters of the KINGS Irons for coynzie . Ibid. c. 124. That Magistrats of Burghs cause Deacons , Craftsmen , and Hostlers , set and take reasonable prices for their Work and Victuals , or else deprive them of their Office and Priviledge . Q. Ma. P. 5. c. 23. Ratification of the Priviledges of Burrowes and Burgesses , and that Letters be directed upon their Priviledges , and Acts of Parliament made thereupon , without calling any Partie . Q. Ma. P. 6. c. 49. P. 9. c. 86. Ja. 6. P. 1. c. 26. P. 5. c. 64. P. 6. c. 85. And P. 19. c. 5. That all common high Gates to and from Free-Burrowes , and to and from Dry-Burrowes , from and to Sea-Ports next adjacent , be keept and no stop made thereuntill , under the pain of Oppression . Q. Ma. P. 6. c. 53. Ratified , and ordaining such as shall stop or impede the same , to be charged summarily on six dayes before the Lords of Session , ( as onely Judges thereto appointed ) to be decerned to have done wrong and to desist , and find caution for that effect , under such pains as shall be modified , half to the KING , half to the partie grieved , and the probation to be by Famous Witnesses , and not by an assize . Ja. 6. P. 12. c. 156. Act in favours of Burrowes of the West , discharging unwarrantable exactions of Fishers in Lochfyne , or other Lochs of the Isles ; by bringing their Fishes within this Realm for serving the countrey allennarly , under the pain of oppression . Q. Ma. P. 6. c. 54. That none make privy Convention , put on Armour , display Banners , sound Trumpet or Talbron within Burgh , without the QUEEN or the Magistrats license , under pain of death . Q. Ma. P. 9. c. 83. Ratified , and that none convocate or assemble within Burgh except they have license of the Magistrats , and that they do nothing in their Meeting against the Acts of Parliament , and quiet of the Burgh , otherwise the saids Meetings are declared seditious . Item , All the Inhabitants are ordained to assist the Magistrats and their Officiars for suppressing of tumults , under the pain to be punished by the Magistrats and Councill of the Burgh as fosterers of the saids tumults . Ja. 6. P. 18. c. 17. That the Burrowes may meet four times In the year , by a Commissioner for ilk Burgh , and two for Edinburgh , at what Burgh they please ; for matters concerning their State. Ja. 6. P. 5 c. 64. Ratified , and that the Burgh not keeping the Convention when appointed by the most part , o● by the Burgh of Edinburgh , or any six or eight of the rest : and warned by a Missive from the Provest , and Bailies of the Burgh , where the Convention is to be held or otherwise lawfully cited ; be fined in twenty Pounds towards the Charges of them that meet , and that on the Act of Convention , Letters of Horning and Poinding be summarily direct at the instance of the Burgh of Edinburgh for payment of this Fine . Ja. 6. P. 7. c. 119. That the Taxation of Burrowes be not altered , but stand as formerly ; that is to say , that it be the sixth part allennarly of all generall Taxations . Ja. 6. P. 11. c. 111. That no Free Burgh sell or annailzie their Freedom in whole or in part to any other Burgh , or any other wayes ; without license of his HIGHNES and three Estates of Parliament , under the pain of tinsell of Freedom of the Burgh , either buying or selling . Ibid. c. 112. Act ratifying all former Acts of new statuting , that none exercise Merchandise not being Free Burgesses , under the pain of escheat of their whole Moveables , half to the KING , and half ●o the Burgh , whose Commissioner shall apprehend the same ; but prejudice to Landed-men ●o have some Merchandise to their own use and ●ehoofe , provyding they sell not the same again . Ja. 6. P. 12. c. 152. That all Inhabitants in Burghs , whether they ●e admitted Burgesses or not , exercising Traffick , or having change within the same , bear their part of all Taxes , Stents , Watchings , Wardings and all Duties and Services touching the KING or Burgh , without respect to any priviledge granted , or to be granted , except that the KING may exeem one of ilk Craft for his own Service , and without prejudice to the members of the Colledge of Justice . Ibid. c. 153. That there be three Burghs bigged , One in Kintyre , another in Lochaber , and a third in Lewes , with all Priviledges of Burghs . Ja. 6. P. 15. c. 263. See the Act in the Highlands . That there be no exercise of Crafts in the Suburbs of Burrowes , but that the Magistrats and their Officiars may intromit with , and escheat all work wrought or working there , to whomsoever the materials may appertain . Ja. 6. P. 12. c. 154. And thir two Acts ratified , extending the former to Free and Unfree , and having their Commodity within Burgh , and having no other dwelling , and bearing no other burden without the same . Ja. 6. P. 14. c. 225. But declared thus , that all residing within Burgh with their families , who may spend a hundred Pounds a Year , or are stented to be worth two thousand merks , be subject to burdens with the rest of the Inhabitants , exeeming and excepting ut supra . Ja 6. P. 15. c 275. That all unfree persons , not actuall Burgesses of the Royall Burrowes where they dwell , and payes no Taxt nor Stent , desist and cease from using Merchandise , or any of the Liberties of the saids Burghs , under the pains statute against unfree Traffecters : and that Letters of Horning be thereon direct , charging the said unfree men to find caution to obey this Act , as also , upon the Decreets of the Convention of Burrowes , betwixt Burgh and Burgh , and Burgesses and Free Burrowes upon ten dayes . Ja. 6. P. 19. c. 6 That Letters of Horning , on a simple charge of ten dayes be direct on all Decreets of Acts of Burrowes , inter Concives , and others subject to their Jurisdiction , and the Officiars execution thereof given on fyfteen dayes . Ja. 6. P. 13. c. 177. That the Common Good of Burrowes after the yearly rowping and setting thereof , be yearly bestowed at the sight of the Magistrats and Councill , to the doing of the Common Affaires thereof . Ibid. c. 181. That the Magistrats , at the instance of the Heritors , take summar cognition upon citation of the partie , of the condition of Bands Lyferented within Burgh , and ordain the Liferenter to repair them within an Year ; wherein if the Liferenter failzie , the Heritor may enter to the possession , upon security found to pay the Liferenter or Conjunctfier the mail the house may give the time of the cognition , and this extended to all burnt and wast lands . Ja. 6. P. 14 c. 226. That Burghs and their Stent-masters do onely Stent persons according to their rents and holding within Burgh , but not according to their livings and rents lying without the same . Ja. 6. P. 15. c. 276. Ratification of all Priviledges and Acts in favours of free Burrowes and Burgesses , and especially of the Acts of Ja. 3. P. 2. c. 11. Ja. 4. P. 6. c. 84. Ja. 6. P. 12. c. 151. And P. 19. c. 6. All here above declaring the Liberties contained in these Acts , to be onely proper and competent to the free Royal-Burghs that have Vote in Parliament , and bear burden with the rest Car. 1. P. 1. c. 24. But this Act corrected , and it is ordained , that Free-men of Royall-Burrowes , and none else , may buy or sell in great or whole sale , Wine , Wax , Silk , Spyceries , and Wad , or other materials for dyeing ; and that none may import or export the same , or import any other Commodities except as thi● Act allowes , but prejudice to Noblemen , Prelates , Barrons and others of their Priviledge o● importing for their own use . But it is declared leasome to any Subject , or any who shal● buy from them , to export Corns of the growth of the Kingdom , all manner of Cattell , Nolt● Sheep , and Horse ; Coal , Salt , and Wool , Ski● ▪ and Hydes , and all other Native Commodities . And Burghs of Regality and Barrony and other Burgesses and members of Societies , may export all their own Manufacture , and such Goods as they shall buy in Faires and Markets ; and all these Exporters may import for their return or fraught and hyre of their Ships , Timber , Iron , Tarr , Soap , Lint , Lintseed , Hemp , Onyons and necessaries for Tillage , or building for the use of their Manufactories and also may tax and retail all commodities whatsomever . And if any unfree-men shall be found to have any Goods to be bought or sold , exported or imported , contrary to this Statute , if within Burgh Royall , Suburbs or Pendicles thereof , then the Goods may be summarily ceised upon as escheat , but if without , then they may be onely arreasted and pursued as escheat , half to the KING , and half to the Burgh-apprehender . But they may not onely in this last call be summarly ceised by way of fact by any Burgh , or any for them , under the pain of a riot . And all Acts and Ratifications contrary thereto are rescinded , and Letters of Horning are ordained to be direct on this Act at the instance of Burghs Royall . Car. 2 P. 2. Sess. 3. c. 5. That where houses are ruinous within Burgh by the space of three years , the Magistrats may warn these known to have interest therein of property or anuallrent personally , or at their dwelling houses , and them and all others at the Parish Kirk and Mercat Cross , and incaice of absence out of the Realm , at the Cross of Edinburgh , and Pier and Shoar of Lieth on sixty dayes , to repair them within year and day , or otherwise that They will repair them within the said space , or if none will buy , then the Magistrats may buy and rebuild them , and this right to be an unquestionable security to the builders . Car. 2. P. 1. Sess. 3. c. 6. That no Royall Burgh keep Mercats on Munday or Saturday . Car 2 P. 1. Sess. 3. c. 19. Burgesses and Indwellers in Burghs Royal may onely arreast Strangers living without the Burgh for horse-meat or mans-meat , abuilziements or other Merchandise due to themselves originally , without Bond or security given thereof , otherwise the Magistrats may be pursued for wrongous imprisonment . Car. 2. P. 2. Sess. 3. c. 5. Acts of Parliament anent the Conservator . THat the Conservator have jurisdiction to judge with six or at least four honest Merchants with him , betwixt Merchant and Merchant beyond Seas , and that no Merchant pursue another before any other Judge under the pain of five Pounds , and the parties expense● Ja. 4. P. 6. c. 81. That the Conservator come home yearly , or send a Procurator to answere for him , under pain of tinsell of his Office and of twenty pounds great to the KING . Ibid. c. 82. That the Conservator admit no Cocket except the Merchants , Skipper and Factors swear that they have no forbidden Goods , nor no lawfull Goods besides what is in the Cocket ; and that they know of none in the Ship pertaining to others , and that so far as they know , all the Goods pertain to Free-men : As also , that before the loadning of the Ship for her return , they swear that the Goods pertain to themselves , and not to Strangers ; otherwise , the Conservator may arreast the Ship and Goods , at least all the Goods of the refuser . Ja. 6. P. 15. c. 257. The Conservator should put the Acts against Usurie in execution upon all Scots Merchants , Skippers and Factors in the Low-countries , and compt thereupon to the Thesaurer . Ibid. c. 259. Acts anent the Staple . THat an Incorporation be made of Scots in the Low-countries , and their Priviledges , ordaining the Scots residing there , and pretending to the saids Priviledges , to give their Oath of obedience to the KING and his Laws as if they were dwelling in Scotland , and that they pay for their entries ten Pounds Fleemish , and the persons refusers to be deprived of all benefite or commerce with his HIGHNES Liedges . Ja. 6. P. 6. c. 96. That no Ships passing to the Low-countries land any mans Goods but at Campvere , or the ordinary Staple , and that no person go on land , or take any thing out of the Ship untill her arrivall there , under the pain of ten pound Fleemish , and the Conservator should take the Merchants and Skippers Oathes thereanent . Ja. 6. P. 15. c. 258. That Merchants coming from the Low-countries , give to the Conservator an account of the quantity and quality of the Goods , under the pain of confiscation thereof , and that a subscribed Cocket thereof be sent home to the Thesaurer . Ibid. c. 260. CHAP. XIII . Concerning some Means in generall , by which a Burgh may flowrish . IT ought to be the care of a faithfull Senate , and vigilant Rulers over a City and Common-wealth , seriously to consider , by what means a Town may most flowrish , grow in Greatness , prosper in Riches , and increase in Numerous and Vertuous Inhabitants . I shall name some of these . 1. Religion was a mean whereby Jerusalem was not onely made head of that Kingdom , but also greatest in all Asia , because all the Males behooved to appear there thrise a Year . There was the Temple of the LORD , there the High Priest and all solemn Oblations and Sacrifices , hence it was called the Holy City : but now there are no places that have any Holiness in them under the Gospel , Joh. 4.21 , 22. For GOD may be Worshiped every where , and any where , if it be in Spirit and in Truth . I know not any Religious Concernment that might more greaten a City , nor be a more attractive motive for Strangers , that had any Principle ruling in them of the fear of GOD , then a Holy People . Isa. 4.3 . and 60.21 . When the Inhabitants of a City generally did walk so Christianly and so Sweetly together , according to Gospell Rules , that they might give evidence of the fullfilling these blessed Promises , Isa. 1.25 26. upon which account a Town might be justly termed a City of Righteousness , the Faithfull City , this was a sure foundation of all true Prosperity and Greatness , therefore let all profane and ungodly persons be esteemed the chiefest enemies to a Cities wellfare and the Pious and truely Godly the chiefest Jewells and Blessing thereof . A 2 d. mean of making a Town flowrish , is a dilligent care to have Trade and Merchandise thriving by all due encouragement thereunto , and to endeavour ( if possible ) to have some distinct and particular Commoditie to be exported or imported , that no other neighbour Town hath , or some usefull Manufacture that is not in any other place of the Nati●● : or at least not so good or cheap . It we●● a desireable thing in Scotland to see every Town to improve their Situation● , and soyle their Rivers , Lochs , Trades , Arts and Engines , and in a word their particular properties and advantages by industrie , that each of them might be found to have some special and distinct commodity to vent , for their own great benefit and their Countries service . A 3 d. mean is to cherish Industry , and Arts and Handy-crafts , See Botero on the greatness of Cities , Pag. 84. and to procure excellent Wits and Persons of eminent Qualifications for that end . 4 ly . The erecting and maintaining Schools of Learning , and Professors of all usefull and commendable Sciences , which may draw the Youth of the Countrey to be bred in Cities and Towns in doing whereof , speciall care would be had that strict Laws and Orders might be set down for the good and quiet behaviour of the Students , and these duly execute by faithful Masters , and carefull Magistrats , that Parents and Relations may send their Children thither in a measure of confidence and security , and so the Inhabitants be preserved in Peace . 5 ly . Inviting by immunities from Taxes and Tolls all that have any commodities to sell , to frequent Mercats and great Faires within Burgh , which would need to be procured from the KING and Parliament for that end ; by which a Town may have severall advantages , though the Taxes were quited , at least very low . As Monethly Mercats in every great Town , for Horse and Oxen , by which the Countrey may be served at all seasons , and the Burgh be benifited by the change that the Countrey People should make . 6 ly . That all the Judicatories that may be had be set up within Burgh , whereby the Subjects may have occasion to make frequent resort to the Town . 7 ly . To endeavour to order well all necessaries for Food and Fireing , and for keeping and mantaining Families within Burgh , that all Persons of Quality may be encouraged to buy and build Houses in Towns , which would undoubtedly contribute much for the Prospering of Trades and Arts in a Town by their change , and greatly enlarge the City . 8 ly . If there be any speciall Blessing of Nature in or near to the Town , that may be for pleasure or profit to Strangers , that the same may be published and set forth with the best advantages , for inviting the concurse of Strangers to the place ; as the Waters of Bath in England , the Medicinall Wells and Fountaine at Spa in Germany , and Orges in France ; and that health giving Spring for Gravel , Gout , Hydropsie and Collick at Aberdeen , being drunk ( according to Dr. William Barclay his printed prescriptions ) in the Summer-Moneths . Or if there be any notable or curious device invented , or illustrated by Art , which may adorn or ennoble a Town , the same will influence , and not a little concur to advance it . All these former means have been drawn from profit , it is to be considered , that pleasure hath been a special mean to draw Strangers to a City . And for this , 9 ly . Curious Gardens , fruitfull Orchards , in , or about a City , especially when so so placed as may most beautify the Town , which may be no less profitable then pleasant , according to the saying , Omne tulit punctum qui miscuit utile dulci. I shall in the next place enlarge upon some of these in particular , in the fourth-Chapter I did treat of Religion at some length , and shall not therefore insist now , but regrate that Superstition hath served to greaten more Towns in many Kingdoms of the World , then the true fear of GOD ; and that love that should be amongst Christians . Witness Rome , which is so much frequented upon the imagination of her pretended holy places , and false relicts of Saints departed , and the supream Authority of her Ecclesiastical Affairs , and her Judaick Jubilies , by which and many more such like Impostures , she hath made many Nations drunk with the Wine of her Fornications and Whoredomes , and thereby keeps her self in such greatness , till the LORD by powring out the vialls Rev. 16. burn and consume that seat of the Beast . Many other Cities and Towns are also greatly frequented upon superstitious Accounts by Strangers , as Loretto in Italy , S Michael in France , Compostella in Spain , and many other places altho rough and almost inaccessible . But now when Light hath discovered these Antichristian-Delusions , I think we should study upon more Christian Accounts , to invite Strangers ( as was said in the beginning of this Chapter ) by being through divine Grace a holy People , living in the true fear of GOD , and in love to his holy Image , where ever it is to be seen by an holy and blameless Conversation . Though there be a difference in Judgement in most Cities now in Brittain , let it be our care to love all Men , and seek thee good of every one if so be the LORD may bring them to the knowledge of Himself , and the acknowledgement of the Truth , and walk according to that rule , Phillip . 3.15 16. This as it is very sutable to Christian Charity , and that meekness and moderation that becometh the Gospell , so it is very conducible to the greatning of a City and Common-wealth . CHAP. XIV . Concerning Merchandising . HAving touched some Generalls necessary for the prosperity of a Town in the last Chapter , I come now to speak of some of them more particularly at some more length , and the first is Merchandising . Rulers ought to have a speciall care to give all due encouragement to Trading that can be thought upon , for by it a Burgh is mostly distinguished from a Countrey-Village ; rather then by strong Walls or Fortifications as some distinguish , without Trade a Town were little better : so that Traffick is the very essence , and by it the Being and Vitalls of a Burgh or City is mantained . First , It therefore concerneth Magistrats and Councill to assist , yea , to own as their propper Concernment , all the Intetests that may impare or prejudge the Traffick in all Staple-Commodities , when the Supream Authority makes any Act , or are like to do any thing that may damnify the same ; as in highting Customs or Bulzeon : These things would be adverted to , and all opportunities carefully attended when matters of that nature may be best helped , especially at Parliaments , for this there is a great necessity to make choise of understanding , able and active men to be Commissioners at such times , otherwayes it may fall out to be done at such a time , that possibly cannot be gotten helped in an Age. Secondly , It were good to look well upon all these wayes whereby Trade is prejudiced amongst our selves , as to take condign order with Fore●allers of Mercats , and such raisers and highters of the prices of common Commodities , and these that studie to enhance one particular Commoditie in their hands , that they may sell and oppress others at their pleasure , and many more wayes which others can more easily fall upon that are better acquainted nor I am with the like . Thirdly , It were very commendable for all that have charge in a City , not onely to look to these particulars above mentioned ; but to be carefull that the Dean of Gild and his Councill of Assessors ( to whom it would be very propper ) may set themselves to fall upon the best Overtures for removing of impediments , and advancing all means that may make every Trade whether of Scottish Commodities outward , or such Forraign Commodities as are brought homeward to prosper and flowrish , and then the Councill after mature deliberation had ; that the means be propper , and may be practised without the breach of any duty to the setled Laws of the Kingdom , may put to their Authority and so effectually prosecute the samen that no covetous or selfish stickler ( that may possibly find himself hem'd in from his avaricious and greedy way ) may be able to gainstand what the Councill hath enacted for the Good and Prosperity of the whole Merchants in common Hobbs in his 2 d. part of his Rudiments of Dominion , sayes to this purpose , That every Society of men that live in a Corporation together , intending the Publick Good of the whole , would not rest upon a bare consent to prosecute that , and unless there be restraints for fear of punishments on those that out of selfish ends &c would obstruct the Wee ll of the Publick , so that all mens particular Wills must run in the Will of the Councill , or such as are the Governours , viz. the major part thereof . Fourthly . I will not take upon me to mention any particular ways how Traffick may be advanced in Towns , it being more propper for a Dean of Gild Court ( which would be needfull to be alwayes of the ablest and most judicious of the Merchants , and such as are of most publick Spirits , ) yet it may not be amiss to offer these things to consideration . Consider to what good improvement one man ( as I have seen in my time ) did bring the Manufacture of Stockings , viz. G. P. in Aberdeen , whereby there was a Trade in some measure keeped up not onely with Merchants at the South and West , but also with severals that carie them both to England and Ireland ; and if one man by his own private Industrie , did bring the Countrey People to such a perfection in good Stockings , what may a Corporation do , if a serious care were had for such improvements in this and many other things . Secondly , Seeing we have Commodities of our own Nation sufficient to bring us home all necessaries from France , Holland , and the Nations on the Baltick-Sea , to serve our Towns and Countries about us , onely we have little of our own to send to London , and our Neighbour-Nation of England ; wherefore , such of our Nation as travel thither , are constrained to ca●ry in Money to their great expense and hazard , ●or to draw Money upon Bill at a dear rate . To prevent this , if it shall please the LORD , ( who hath in his good Providence united both Nations under one KING , as well as in one Protestant Religion and Language , ) to take off these Acts which are made to obstruct the mutuall Freedom and Trade betwixt the Kingdoms , or to make up a compleat Union , ( which were rather to be wished ) it were most expedient to consider what Commodities we have in our Countrey , that would go best off there , as our Linning-Cloath , Linning-Yairne , Stockings of all sorts and syzes , Furrs , Feathers &c , and such like things as active Merchants might easily find out , and would need to keep a good Correspondence at London , seeing the Merchants there Traffeck with both the Indies , and in all places where the Netherlanders Trade in any part of the World : it is probable that our Commodities might in some progress of time make a good Mercat there also . CHAP. XV. Concerning some General Overtures for improvement of Trade , mostly relating to the Chief Rulers of the KINGDOM . BUt seeing I have been recommending the care of Merchandise to the Rulers and Councils of our Cities and Burghs , Merchandise being an imployment whereby not onely Burghs , but Kingdoms and Common-wealths doeth mostly prosper and flowrish , if well and rightly improven , therefore it not onely concerns the Merchants of the Burghs to endeavour the advancement and improvment of Trade , but with due submission it is conceived , the Powers and Rulers of the Kingdom may lay themselves out seriously to encourage it as a speciall concernment lying upon them to promove , seeing it mostly advances the good of the whole Nation , and the decay thereof tends so much to the Publick prejudice . Therefore First , It is humbly to be wished , that our Rulers would take speciall care and make diligent enquiry by the Custom-Books and other evidences that are propper , to know whether the Kingdom or Common-wealth be losers or gainers by their Trade , by casting the ballance betwixt the value of the Goods imported into the Kingdom , and the Goods exported Yearly ; for if there be a greater importation then there was of exportation , there is so much loss to the Nation by how much the importation exceeds the exportation , because the superplus beyond the value of the Goods exported exhausts so much Money which is drawn forth of the Kingdom to pay it , and so gradually if the super expense continue , the Trade and Nation must come to ruine . A Second mean of improvement is , that our Rulers would be pleased to take a speciall care of the Coine of our own Nation , and of the value of Foreign Coine imported , and that the Money payed in by the Merchants for Bullion may be imployed for buying of Bullion , so that the Mint-house lose not the benefit of the mixture which they must needs lose if they melt Forraign Coine . A Third is , That they would take care that the Princes and States of Forraign Nations may grant Favour that there be no impositions laid on upon the product of our Countrey , whereby to debar us from Trade with them , as that Denmark and Norway may not obstruct the Trade of our Victuall , &c. A Fourth is , That there be an encouragment given to the Fishing , such as Code , Herring , and Whale-Fishing , both as to the exportation , and the Goods to be imported by the Money that is purchassed by the same ; and withall , that Strangers may be debarred from having the advantage that is more propperly due to the Natives , for it is reported that the Governours of our North-Isles are more kind and favourable to the Hamburgers then to our own Natives , in selling their Fishes to them rather then to our own Countrey-men . A Fifth is , That speciall notice may be taken how to improve the naturall product of our Land , such as Coal , Salt , and all kind of Grain Wool , Hyde , Tallow , Skins , Linning-cloath , Plaiding , Fingrams , Stockings , Salmond , Herring , &c. As First , That Coal and Salt may be appointed to be transported to the propper Ports as shall be thought most fit , where men may be appointed as Factors to have care thereof , that the exporters be not necessitated to sell at the time of fallen Mercats , since they are Commodities that may wait for a better Mercat without loss , and are such as cannot be wanted . Secondly , As to Corne and Grain , that care may be had as is said in the Third Mean , or Paragraph foresaid . Thirdly , As for Skins and Hydes , if we had access to American-Plantations , or if a liberty could be procured to a Select Company , and no others to have Trade there but they , then Skin and Hyde would be a good Commodity , being well Tanned or Barked , or made in Shoes ; which would not onely tend to the great profit of Merchants , but would occasion many Trades-men to be set on work at home in our own Countrey , seeing we have attained to a good perfection both in Barking , Tanning and Currying . Fourthly , As for Wool it needs not be exported at all , if our Manufacturies at home were carefully looked to ; for though we have few or no select Manufacturies in this Land , yet we can improve the whole Wool of the Kingdom to better purpose , and sell cheaper abroad then any Forraign Manufacture in the World can afford it , particularly upon Plaidings , Fingrams , or any kind of raw-Cloaths ; in respect saving of Charges is the life of all Manufactures , for particular select Manufactures must have servants well appointed both as to bedding and dyet , whereas all the Wool of Scotland may be wrought by the Commons of this Nation at a very easie rate , because of their sober way of living , and working but at such times as their other Countrey-work permits . For illustration whereof , it will not be amiss an instance that fell out severall years ago in my own time , which may evince that the Plaiding and Fingrams made by the Commons in the Countrey , is to much greater advantage , then by setting up a particular Manufacture for the said imployment . There was a substantious Merchant in Edinburgh , called Mr. Barnes , who considering the great Sumes of Money that was brought in to this Kingdom by the Plaiding Trade , especially by the Merchants of the Town of Aberdeen , who bought mostly all their Wool from Edinburgh and the South Parts ; so that they had it but at the second hand , and did sell it out in small 's to the Countrey-People there about , after they had been at Charges for transporting and born the hazard by Sea , &c. Whereas he considering , that he might have Wool without any such expense or hazard , and causing make Plaiding in a particular Manufacture , there he could not but make greater profit in Holland then they of Aberdeen could make , seeing he could save such a considerable expense which they were necessitated to ware out : whereupon he sets up his Manufacture and wrought about ten Sea-Packs of Plaiding , which might be reckoned worth twenty thousand Pounds ; but when he perceived the Merchants in Aberdeen did sell their Plaiding at as low a rate as his stood himself at home , and yet with advantage , he fell a wondering what could be the reason , and meeting with Alexander Farquhar a Merchant in Aberdeen his acquaintance , enquired how it could be , laying before him the former considerations , to which Alexander Farquhar replyed , that the people that wrought their Plaiding , had not by farr such entertainment as his servants had , and that they drank oftner clear spring Water than Ale : and therefore they had their Plaiding much cheaper than he had his , whereupon he quickly gave over his Manufacture . Notwithstanding that our Commons live at such a sober rate , they are so set at work upon the account of their advantage in the North Parts of Scotland , that in former years the product of their labours hath brought into this Kingdom yearly , upwards of an hundreth thousand rex dollars for many years together ; without this the Nobility and Gentry in thir parts could not get their Money Rents well payed , which Trade and Employment hath been thir severall years under great decay , so that the Plaiding and Fingrams are become to be sold at the half of the value which they did formerly , neither is the half exported , which is mostly upon the account of their deceitfull mismannadgment thereof , which may be helped by appointing particular knowing men , and giving them allowance to attend the Mercats for visiting and judging the sufficiency of the Cloath , which would augment the quantity , and advance the Price to the value of all the Wool that is vented abroad , and unless some such qualified Persons be impowred , and by an setled allowance induced to a diligent inspection and judging of the samen , all our Acts of Parliament which hath been so commendablie enacted for regulating these things , will prove but ineffectuall as constant experience hath too much evidenced . The Fifth Countrey Commodity is Stockings , which hath been within thir few years admirably improven by one Man in Aberdeen , ( as was instanced before ) to wit George Pyper , who encouraged the Countrey People so , by giving them a little money or some linning at times , that from five groats the pair , he caused them work at such a fynness that he hath given twenty shillings sterling and upward for the pair : but as the su●ficiency of Plaiding and Fingrams may be recovered by carefull visitors to the great advantage of the Countrey , so the Stockings may be made the more saleable , if the su●ficiency of them with the due length and shape both of Men and Womens be diligently observed , for which a gage may be made according to the principall gage , and dispersed through all the Countrey , that no Stockings may be censured , or confiscated through ignorance of the owners , and the visitors allowance for his mark and seal appointed , that all Forraign-Countries may come to know the due esteem that our Stockings are to be had in . As the neglect of the sufficiencie of Plaiding and Fingrams have been a great cause of the decay of Trade , so the loss of the Plantations by the Dutch West India Companies is likewise a considerable cause thereof ; which requires that we should wisely consider , how and where we may recover a good off-tract of these Commodities , for it was the Dutch Plantations in Brasile ( which the Portuguyes now possess ) that were furnished with our Plaiding and Fingrams and it were worth the while to consider , if we could find a way with any of these that have Plantations in America now , or if we could fall upon a way of furnishing the French King his Armies with these Scottish Cloaths , seeing there is no Nation in Europe can serve them at an easier rate , not onely in Plaiding and Fingrams but also in such other Cloaths , as Perpetuanes and Sairges . The Sixth Countrey Commodity named , is Salmond and Herring , they would be carefully , seen unto , that they be in all points according to the Acts of Parliament , particularly the 33 Act of the first Parliament , K. Charles the 2 d. And Magistrats to be diligent in their inspection of Cowpers , by which that Trade also may flowrish . A Sixth mean for improving the Trade of the Nation , is that the Estate of the Burrowes would humbly petition our Rulers in the next Parliament that sits , that they would be pleased to consider the great damnage the Royall-Burrowes sustain , and the great discouragment it is to the Trade of the Nation , that Burghs of Regality and Barrony have got so great Priviledges by the 5 th . Act of the 3 d. Session of the 2 d. Parliament of K. Charles the 2 d. seeing they may not onely buy in Mercats and Faires all Scots Commodities , the product of the Countrey , and bring all Staple Ware , but they may also export the same to other Nations , and bring home with the money or value thereof , what Commodities for the use of the Countrey they think fit , very inconsiderable exceptions being reserved , notwithstanding that the Royal-Burrowes payes the sixth part of the KINGS Taxation , and the Burghs of Regality and Barrony bear no part nor proportion thereof less or more , notwithstanding of their enlarged Priviledges and great Traffick , which makes little difference betwixt them and Royall-Burrowes , as any understanding man may perceive . And it is the more remarkable , there were severall Acts of Parliament rescinded that had been made in favours of the Royall-Burghs , which the next Parliament may be intreated to take into their consideration , and what was the cause and grounds of these Acts. As the 24 Act of the first Parliament of K. Charles the first . So the Act of Ja. 4. P. 6. c. 84. So Ja. 6. P. 12. c. 152. Ja. 6. P. 19. c. 6. Let the Burrowes consider that the Convention of Burrowes and the Priviledges of the Deans of Gild &c are now of little significancy by this late Act. Seventhly , It is worthy of consideration if it be not for the advantage of Trade , that the Custome and Excyse of Merchant Goods were set and fermed by the generall Taxmen to the speciall Burghs and the precincts of the same , whereby severall inconvenients might be remeded , as the Customs and Excyse of these goods that are brought home to Burghs of Regality and Barrony which are concealed and no count thereof gotten , whereas the Sub-taxmen of the speciall Burrowes would be concerned to look more narrowly to it then any other . Next , whereas there are heavy burdens of Taxations lyes on the Royall-Burghs , so that many Inhabitants remove from them , and others set up in these other Burghs , seeing they enjoy so great Priviledges of Trading to the great decay of the Royall-Burghs , as may be evidenced , that a great large Lodging with all accommodations may be had in some of the Royall-Burrowes at a great dale more easie rate than a very common thack house in some of these Burghs of Barrony , as may be easily instanced . Next , the Burgesses of the Burghs of Regality and Barrony getting mostly their Merchandise stollen free of Custome and Excyse , thereby are in a capacity to under-sell the Merchants of the Royall-Burghs in such commodities very considerably , to the no little discouragment of the Royal-Burghs , for they may sell their wares as far below others as the Custome and Excyse will extend to , so that the Merchants of Royall Burghs need look for no change , so long as the other hath these commodities . Eightly , It would be much for the advancement of Trade as is conceived , if our Rulers would ordain a competent number of Knowing Merchants out of the principall Burrowes of the Kingdom , to meet at such seasons and places as shall be appointed and thought most expedient , for considering and fixing upon a solid way , for puting in practise all good Overtures , which they or any other may suggest unto them for promoving the Prosperity of the Trade of the Nation . And for the further assistance of these , it were good that the Convention of Burrowes would appoint the Magistrats of every Royall-Burgh , to ordain some of the most Understanding of their Inhabitants , to meet at such times as they shall judge fit to consider , debate and argue anent the Trading with these Commodities which are most in use by the Merchants of the respective Burghs ; and what Overtures they can fall upon for improving the samen and when they have agreed and condescended there upon , to give an account thereof subscribed with their hand , or the hand of their Praeses chosen by them , to the Provest , Bailies and Councill of the place , and they to give in the same after a serious revieu and consideration to the Convention of Burrowes , or any Committie deligated by them for that effect , and that they may consider , and approve or disapprove the samen , and give in their Reasons accordingly to the Committie of Trade ; that so after a serious and solid consideration thereof , it may be recommended to the Parliament , or the KINGS Councill for their Approbation and Authority . But if it be said that few will be at the pains to wait upon such meetings to consider things so rypely , to the neglect of their own affaires , as the proposall seems to require . To which it may be answered , If the importance of the matter be duely weyed , and the weighty results seriously considered , it will be found well worth all the pains and expenses that can be wared , if the Affair be not altogether turned into a meer formality . But particularly let all concerned consult and consider the great Revenue these improvment would raise to the Crown , by the Customs and Excyse , the Honour , Fame and Esteem it would purchase to our Nation abroad , the great increase and encouragment it would be to Sea-men and Shipping , the plentifull and comfortable livelyhood of severall hundreds and thousands of Familie● in our Land : and with all , the Vertuous and Praise Worthy Improvment of all these Commodities that are the naturall product of our Countrey , by which not onely the strength and stock of the Kingdom would be augmented , but the Wealth and Riches of many privat● men greatly multiplyed , providing that in all our deportment and industrie we walk so , as we may upon good ground expect a Blessing from the Lord our God. See Psa. 127.1 , 2. CHAP. XVI . Concerning Mechanick-Trades . IT were a most commendable piece of Government , if Rulers would be at pains to set down wayes how every idle person within Cities and Towns might be discovered , and strict accounts thereof be exacted accordingly , that all Persons of every Rank might be known , how , and by what means they live , by what Trade , Industrie and Vertue they mantained themselves and Families . Diodorus reports that it was a Law amongst the Egyptians that every one should give up his name to the Magistrat within whose precinct he lived , and show by what Trade , and by what gain he lived ; and if any were found to lye , or to live by unlawfull means , they were put to death , which severity was reckoned the more just , because idle lazie persons are the poyson of a City , it s they that are most pron to Whordom , Drunkenness , and all Debauchrie , it s they that hate the best men , are covetous of others Goods , are seditious , mutinous and unworthy to be permitted to live amongst Civill and Vertuous People . Wherefore seeing every one hath not a competency of Money to be a Stock for Merchandising , it were good policie to advert to the naturall Genius and Disposition of young Boyes , for what Trade or Employment they may be fittest , if they are skilled in Writing and Arithmetick and of lively active Spirits fit for Merchandising , that they might be employed accordingly . If their Talent lye in a disposition for any Mechanick Trade ▪ that fit Masters may be pitched upon for their education , in the particular employment their minds are most inclyned unto . And if there should be found a remarkable Acumen or Mind more then ordinary , that such might be sent abroad to other Nations ( after some time of breeding at home . ) where he may be best perfected in his Art upon the publick expense , with speciall provision and surety that he should return and serve the Town in his calling as he should be employed ; which would be a good mean to furnish our Towns with all excellent Arts and Manufactures . If we would lay our selves out to improve such means and wayes , there is no doubt but this would in a few years tend much to the good of our Cities and the reputation of our Nation . For my own part , I ever looked upon an excellent Artist and one who had a good engyne or ability for working excellent things in his calling , beyond the ordinary strain and common custom o● men of his Trade , to be an usefull O●nament to a Town in his own Sphere . Therefore vertuous men in every calling ought to be regarded and encouraged with all respect due to their merit and carriage , and idle , drunken and thriftless persons rebuked , punished , yea declared incapable of any place or trust within the Corporation . If this were , there would be more industrie and commendable diligence amongst all sorts ; and less extraordinary drinking and sinfull spending of time in Taverns and Ale-houses amongst Tradsmen then there is , for it is both shame and sin for men to consume their health and time in doing nothing but satisfying their lusts and carnall appetites . M. Cato in his book of Manners wrot exceeding well in comparing the Life of Man to Yron ; which if ye use it wears away , but yet with beauty and splendor ; but if ye use it not , it is consumed with rust . Vertuous persons by honest exercises spend themselves so , as they have inward peace , glory and reputation in the World ; whereas vicious and idle wretches gain nothing but ignominy and contempt . The same Cato spoke well to his Souldiers at Numantia Consider with your selves Souldiers , ( said he ) if ye do any good thing with travel or labour , the labour soon passes away ; but the good remains ; but if ye do any business for pleasure , the pleasure soon evanishes but the shame remains . Which expression showes nothing worse than Idlesit , and nothing better than Vertuous Industrie . What a comely thing is it to see all persons in Towns diligent in their Callings , and al● Tradesmen in their usefull occupations industriously laborious like Bees , all joyning their pains to provide what is usefull to humane Society ▪ What can render a Town more illustrious then usefull Arts and Trades , inviting Neighbours and Strangers to resort thither to take away our Manufactures , and bringing their best things to supplie what we need ? So much lyes on Rulers to bring from abroad the best of Tradesmen , and to encourage our own that they may not onely be able to gain their livelyhood , but may live comfortably and be usefull in the Common-wealth as occasion requires . Also Rulers would guard against all abuses and oppressions committed readily by Tradesmen upon new Intrants , whereby they are brought so low in their condition and so plunged in debt before they can be free in their Trad● that they are hardly able in many years to recover and get themselves out of burden . CHAP. XVII . Concerning Planting , both for Profit and Pleasure . HAving touched severall things that may seem worthy of a Councils consideration , for making a Town flowrish , in the foregoing Chapters or Partitions , I cannot ommit to offer it to their Judgments to deliberat , if it be not very expedient both for profit and pleasure to consider how their Cities may be beautified with Planting of usefull Trees in all places in and near the Town , where it may be most conveniently had , for it is no small reproach upon the generality of our Nation , that our People are so negligent and careless in this particular , notwithstanding of the great contentment and satisfaction that may be reaped thereby , for Planting is not onely delightfull to the eye , and in a manner exhilirating the heart of every beholder , by its beauty and greeness , inviting the cheerfull Birds to chant and express their melodious Notes to the great refreshment of the hearers oft tymes , but also , in few years ( due diligence and care being taken to plant them aright , and to prune and keep them ) they are very usefull for publick and private use as need and expediencie shall require . We find that the most flowrishing and rich Nations have great abundance of many so●ts of Planting , and that not onely by Nature , but by Art and Industrie of the Inhabitants ; and Divine Providence hath evidenced her bounty in a liberall measure to us in that matter , no less then to others our Neighbours round about us , as may be witnessed by the many Woods and Forrests that have been well furnished with Oakes , Elmes , Firrs , Ashes , &c. and Fruit-Trees , which in every generation are much destroyed and cut down , and few or none to repair them ; and how can we but undergo the just reproach of a careless and lazie People in this thing , and the rather , that no Laws and Acts of Parliament made by our Gracious and Vertuous KINGS , and Estates of the Kingdom ; particularly by K. James the 5 th . in his 9. Act of Parl. 4. and our late K. Charles the 2 d. Parliament 1. Act 41. cannot prevail . It is obvious to the sence of every beholder , what an Ornament Planting is to Great mens houses who are worthie of their due commendation that have taken paines herein . I think it worthie the considering , that when GOD created Man in his primitive Innocency and Integrity , he placed him in a Garden , and put that exercise upon him , even in a sinless state to dress and keep it . Gen. 2.8 , 15. whence it may be observed , that Planting and the care thereof is an exercise not unbecoming the best of Saincts , nor the Greatest of men , we may see many Proofes o● this , as First in that Good and Holy Man that found Grace in GODS sight , when all the World ( save a few with him ) perished , Gen. 9.20 . And Noah began to be an Husband man and he planted a Vyne-yard . Secondly , Abraham the Friend of GOD , and Father of the Faithfull , Planted a Grove in Beersheba , and called there on the Name of the LORD . Gen 21.33 . Next , King Solomon a Great and Wise KING Eccles. 2.4 5. I made me great Works I builded me Houses , and planted me Vyne-yards . I made me Gardens and Orchards , and I planted in them all kind of Fruits . So Uzziah delighted in this Employment , 2. Chron. 26 10. He had Husband-men and dressers of Vynes , &c. Yea our Blessed LORD JESUS did honour this Industrie , by his frequenting the Garden , Joh 18.1 . When JESUS had spoken these words , he went over the brook Cedron , where was a Garden , into which he entered with his Disciples . Ver. 2. And Judas also who betrayed him knew the place : for JESUS oftentimes resorted thither with his Disciples . I could name many Great men that have taken pleasure in Planting , as Cyrus the younger , King of Persia , who planted Orchards and Gardens with his own hand . See Cicero de Senectute p. 210. But I shall forbear to insist , onely desiring our Cities and Towns may seriously consider the profit and pleasure , and that it will very far counterballance the expense and paines , by a constant and yearly recompense , I mean a well furnished Garden and Orchard when carefully keept and waited upon . Therefore , I shall close this purpose with a friendly desire that all Magistrats and Town-Councils may seriously consider , how they may in this give best obedience to the laudable Acts and Laws of the Land , and with most profit and satisfaction to their respective Incorporations , and that it may be remembered , when Adam sinned he was sent forth from the Garden of Eden to till the ground , which was a more painfull and inferiour employment and not permitted to enjoy that sweet and refreshful mansion of the Garden . It was a part of Gods Curse upon a land , when Trees were smitten and taken away from it . Exod. 9.25 . Amos 4.9 . Joel 1.12 . And it is a promised Blessing , To plant Gardens , and eat the fruit of them . Jer. 29.5 . Amos 9.4 . Ezek. 34.27 . Therefore these Precepts may be pertinently applyed to this purpose . Tit. 3.14 . Let ours also learn to mantain good Works for necessary uses . And that of Philip. 4.8 . Whatsoever things are true , whatsoever things are honest whatsoever things are just , whatsoever things are pure , whatsoever things are lovely , whatsoev●r things are of good report : if there be any vertue , and if there be any praise , think on these things . Much of our Corne-fields about some Towns have been improven for Herbs and Roots by common Gardners , and why not some of the choisest Soyles and Situations be also made use of for pleasant Gardens and fruitfull Orchards , which are to be seen frequently in well ordered and flowrishing Towns abroad , to their great profit , health and delight without their Towns , and few of our Nation have little worse Grounds for such things ; save that Walls and Dykes may be found expensive , and sparing many unnecessary superfluities in other things , and bringing home Tyle for ballast in Ships from Holland &c may help that , and the profit accrewing by a fruitfull and well ordered Orchard in a few years will recompense all expensses ( with GODS blessing ) abundantly . CHAP. XVIII . Concerning Charity , and care of the Poor . THough there may be many Duties incumbent upon Magistrats and Town-Councils , who are Governours of Cities and Burghs , which the judicious will understand as their occasions and stations will discover unto them , that there is one Dutie , ( which is none of the least ) that all are bound to consider , because the Supream Governour of Heaven and Earth takes speciall notice thereof , and hath carefully recommended to all his People : and that is a tender care over , and a cordiall Charity towards the Poor . See for this Deut. 15.7 , 8 9 , 10 , 11. If there be among you a poor man of one of thy brethren , within any of thy gates , in thy land which the LORD thy GOD giveth thee , thou shalt not harden thy heart , nor shut thine hand from thy poor brother : But thou shalt open thy hand wide unto him , and shalt surely lend him sufficiently for his need in that which he wanteth . Beware that there be not a thought in thy wicked heart , saying , The seventh year , the year of release is at hand : and thine eye be evil against thy poor brother , and thou givest him nought , and he cry unto the LORD against thee , and it be sin unto thee . Vers. 10. Thou shalt surely give him , and thine heart shall not be grieved when thou givest unto him : because that for this thing the LORD thy GOD shall bless thee in all thy works , and in all that thou puttest thy hands unto . For the poor shall never cease out of the land : therefore I command thee , saying , Thou shalt open thine hand wide unto thy brother , to thy poor and to thy needy , in thy land . This Scripture is so full and pungent to this purpose , that all that fear the LORD will find it more binding than any Act of Parliament , or any Humane Law whatsomever ; for it hath in its bosome , both threates to the disobedient , and comfortable Promises to the due observers of this Command . Wherefore , Christian Magistrats should seriously consider upon suitable wayes how the Poor within their gates may be most carefully and discreetly provided for . I know in most of the considerable Towns in the Land , there are Hospitals , some for Men , some for Women , some for Orphans and Children , and there are summs of money have been Mortified and appointed for that end , that the Rents thereof might be furthcoming for such uses by Pious and Charitable Citizens . Of this the Rulers , and all that are in Charge should be carefull , lest any part of such summs should be delapidated , and that the Revenues thereof should be duely and discreetly destributed to the fit Objects , and that care may be had that the wills of the Mortifiers be punctually observed , lest others perceiving a negligence herein , might be discouraged from such Pious Mortifications and Donations . But where these are wanting or comes short to answere the urgent necessities of the numerous Poor people that are in a Town , care would needs be had , and paines taken that all Poor ones whether elder or younger that are in a capacity to work or go about any profitable employment may be set to work , and young ones , whether Males or Femals put to learn at Schools and Trades according to their Capacities and Inclinations , and for this , by the Prudence of Wise Magistrats , wayes may be fallen upon , and Collections of Moneyes obtained with consent of the Inhabitants , that may supply what will be found requisite for such Charitable and Pious Uses : as supplying the Aged , Decrepit that are not able to work , and setting the Young Poor to sutable Callings and Employments . Sure I am , where this care is Christianly and Charitably minded , they have the promise of a Faithfull GOD , that for this thing the LORD shall Bless them in all their works , and in all they put their hand unto , therefore all would need to beware of resting upon a bare formality of making a triffling Offering in Publick upon dayes for Worship , but look upon the Duty as seriously recommended by Him , who is the Author of all our Mercies , and giver of all our Good things : see for this , Isa. 58 7. when this Hypocriticall formalists were dissatisfied , that GOD took no more notice of their fastings , and frequenting of Ordinances , as vers . 2 , 3. of that chapter holds forth : the LORD showes them the Reasons , vers . 4.5 . and shewes them plainly vers . 7. that the Fast that he regardes is , To deal thy Bread to the hungrie , and that thou bring the Poor that are cast out to thy house , when thou seest the naked that thou cover him , and that thou hid not thy self from thine own flesh . Mind that Command , Heb. 13.16 . But to do good , and to communicate forget not , for with such Sacrifices GOD is well pleased . And they that mind most the pleasing of GOD , he will never be behind hand with them , for Psal. 41.1 . Blessed is he that considereth the Poor , the LORD will deliver him in time of trouble . It was Jobs Glory , and did afford him no small Peace and Comfort in the day of his sad distress , that he could say from a Testimony of a Good Conscience , Job 31.19 . If I have seen any perish for want of cloathing , or any poore without covering . ver . 20. If his loyns have not blessed me , and if he were not warmed with the fleece of my sheep . This man was a blessed Magistrat , and happy were it if all that are in Authority in the Nation could have such a Testimony from their own hearts , and that the Power●ull and Rich in the Land could employ their abundance to such commendable , yea acceptable uses before GOD , they might upon good ground expect Jobs reward , and such an outgate from all their troubles , as Job 42.10 . Yea they have a promise from his mouth who is faithfull and true , yea Truth it self , that not so much as a Cup of cold water given to a Disciple shall in no wise lose his reward . Mat. 10.42 . Let all consider this , and so I proceed . CHAP. XIX . Concerning Magistrats in Generall , and the Qualifications requyred in them . INtending ( if the LORD will ) to hold out the Duties of the particular Office-Bearers in our Royal-Burghs in the Chapters following , I judge it expedient to set down in the first place the Qualifications of a Magistrat in generall , for the happiness of a Town depends very much upon well qualified and faithfull Magistrats . And for this , it is the duty of all Citizens to endeavour ●o be good men , whereby they may be in a capacity to do good service when called to places of Trust in their respective Towns , and all that ●ears God should pray fervently to the Lord to ●aise up many such amongst them . A Magistrat is an Officer , or Office-Bearer , who hath power to command in a State or City . There be many Office-Bearers that are not Magistrats , because they have not power to command , nor to punish Offenders . Now we shall point out some of their Qualifications , and what kind of persons they ought to be . A Magistrat or Ruler ought to be carefully chosen after the draught of Scriptur-Magistrats , Exod. 18.21 . according to these properties , First , let him be an able man of body and mind to do the Common-wealth service , not an ignorant , that can do nothing without the Clerk. This Ability comprehends three Qualities , first , he must be a man of understanding , and must know the Duties of his Place , and know how to discern in all matters that comes before him , else he is unfit to be a Magistrat : he must distinguish betwixt the weight and justice of the complaint and malice of the Plaintiff , and must be one that can speak the Law , and judge according to the rule thereof , not weak for abilities of Government . Thus William Shepherd in his Epistle to the Reader before hi● Book on the Justice of Peace , who hath set down these Qualifications that none needs expres● them better , to which I referr the Reader . Secondly , He must be a man of Courage , that will doe what ever he finds to be his Duty , notwithstanding of all opposition from men , Psal. 82.3 , 4. Defend the poor and fatherless , deliver the poor and needy , and rid them out of the hand of the wicked . Men that would perform such Duties would needs be men o● Spirit , for so doth the word Defender and Deliverer import : hence it is , that Faithfull Rulers are called Patres Patriae , Fathers of their Countrey , because defenders of their Countrey , because defenders and deliverers . Therefore one that will be boasted , and put from their Duty by the threat of a greater person , or down cast of countenance from men , or the like ; is not fit to be a Magistrat . Men of Spirit and Courage will not be frighted from their Duty by any thing , but will hazard all that is dearest to them in the discharge of a necessary Duty , ( the Rules of Prudence being duely and discreetly observed ) and for this ought not to be judged as proud or willfull , for the work is the LORDS , and therefore hath the promise of his presence and out-bearing . 2. Chron. 19.6 , 11. Thirdly , An able man is a wise man , and this teacheth not onely the Duties themselves , as to the matter , but reacheth the circumstances of them , as the time , place and manner of doing them . So Prov. 8.15 . By me ( sayes Wisdom ) Kings Reign , and Princes decree Justice . And vers . 20. I lead in the way of Righteousness , in the midst of the paths of Judgement . So that a man by Wisdom will propose not onely a good end , and endeavour to perform a good Duty , and also will use right means , and so circumstantiat it , as every very step and path of his way shall be in Righteousnes . A wise man ponders all his actions . Psal. 112.5 . He will guide his affairs with discretion , discerning when to doe , and when to forbear ; and the manner how , and how not every thing is to be done , thus much for an able man. Fourthly , He must be a man fearing GOD , not a man wicked in life and conversation , for Power without Piety is but armed injustice , and if he be an active man that can do much , he will be sure to do much mischief . I think it a bad maxime , that an ill man may be a good Magistrat , it seems to have more truth in it , that he that hath no care to reforme himself , will never have care to reforme others . Magistrats are called Gods , Psal. 82.6 . I said ye are Gods. And it were well that they did represent more of Divine Perfections , and it is a shamefull thing to see a man in honour have no likness to GOD in Holiness . The Emperour Constantius said , when he had made a discovery of these Courtiers who were easily tempted to forsake the Christian Religion , They can never be faithfull to me , that are not faithfull to GOD. It is the fear of GOD that makes a Magistrat behave himself as one that GOD takes special notice of in all his administrations , and will be more affraid to do any wrong , than if all the men on Earth were to judge him for his actions , ever remembring that word , Psal. 82.1 . GOD standeth in the congregation of the Mighty , he judgeth among the Gods. Thirdly , He should be a man of Truth , that is , a plain upright man , that loves truth in himself and others , and counts it his duty and dignity to sift it out in all things , and having found it , to embrace and mantain it to the uttermost ; for he will easily prove a false friend that will at any time dare to falsifie truth for his friend : such men cannot be stable and firm in any good duty , neither will he stand for the Truth and Righteousness in an hour of temptation ▪ Jam. 1.18 . The double minded man is unstable &c. Fourthly , He must be a man hating Covetousness , there is little ground to expect justice from such as are covetous , for Prov. 28.21 . Solomon sayes , for a piece of Bread that man will transgress , that is , for any carnall advantage or gain that man will wrest justice , for coveto●sness is not onely Idolatry , but it makes a Judge an Idol as Psal. 115.5 , 6. That hath eyes and see not , eares and hear not , and a mouth but speaketh not . Fifthly , He should be a just man , equall to all , not partiall nor respecting persons , this is holden out from 2. Sam. 23.3 , 4. He that ruleth over men must be just , ruling in the f●ar of GOD , &c. Rulers should doe as the LORD himself would doe , 2. Chron. 19.7 . With the LORD there is no respect of persons , nor taking of gifts . Sixthly , He must be a man , Gentle , Affable , not a froward , hasty or passionat man , for such will not patiently endure to hear many complaints of the Poor . Moses a great Ruler is highly commended for his Meekness , Numb . 12.3 . So CHRIST as a KING is said to be Meek . Mat. 21.5 . Seventhly , He should be an active man , and diligent in prosecution of duty and not lazie . Eightly , He should be a man of good repute , and known amongst the People , as Deut. 1.13.15 . Not an obscure and mean man , for Power will arme Skill , I say not that every Magistrat in a Town must be worth so many Thousands &c , but he had need to have so much as he may live honestly upon , without being necessitated to use any Trade or Employment unbeseeming his Office. It was a fault amongst the Carthaginians , justly taxed by Aristotle , and esteemed to be one of the causes of the ruine of that great and mighty Common-wealth , that in their choise of their Magistrats , they had a greater regard to rich men then to men of worth and vertue , and their reason was , because men of great Estates might the more easily attend the Effaires of the Common-wealth : therefore , when men are rich and vertuous also , they are preferable to all others . But this was a ready way to open a door to all avarice and fraud said that great Philosopher , and to take the Government from the Noble and truely Vertuous , and monopolize it into the hands of a few covetous ambitious rich men , whereas they might have easily , and in duty ought to have prevented it , by taking such order that the best men , and these of greatest abilities and vertues might not onely abstain from base Callings and Employments when they were actually Magistrats , but also when they were out of Office , so that Corporation in their Government might have been cured , and their ruin happily prevented . It were good policie to prefer the Vertuous though meaner , than the vicious and unworthy though richer for it were fit he did excell other men though not in Riches and Estate , yet in Wisdom , Piety , Courage and better Qualifications . Prov. 12.26 . The Righteous is more excellent than his neighbour . It s such that prepares their heart for their Duty and will make conscience of diligence therein , and seek the advancement of the interests of CHRIST , the Cities prosperity and the good of all and every one under their Charge , and for this I would recomend to all Magistrats to study these Scriptures well . Psal. 75.2 . Psal. 101.8 . Psal. 82. throughout . But some say , we cannot find Magistrats with such Qualifications in every Town , and therefore we must take them as we have them . I Answere , That should not hinder to set down all the best Qualifications which are to be wished in Magistrats , and which all good Magistrats ought to study to have , and Cities are to choise the best they can have , seeing the Holy Scriptures have recomended such Qualifications , we ought to pray that GOD would raise up many such , and then we must do as we may , when we cannot do as we would . Wherefore , having hinted at the good Qualities Magistrats should have , I shall also touch a little what a sad thing it is for a City to have ill men to be their Rulers , because Contraria juxta se posita clarius elucescunt . Contraries set together , make both the more discernable . Psal. 82.5 . David regrates this as a sad judgement in his time , that men in Authority were ignorant and perverse , &c. They know not neither will they understand , they walk on in darkness : and therefore he subjoyns , All the foundations of the Earth are out of course . They know not , This implyes not so much a blockish ignorance , for it is like they might have naturall Parts like other men , but they know not that GOD stands among them , that His eye is on them taking speciall notice of their iniquity and injustice and bearing more favour to the wicked , nor to the poor and innocent . Next , though they may read in the Scriptures that GOD stands among them , and notices their doings , yet They will not understand , this holds out their perversness , and willfull Atheism , as Psal. 10.11 . He hath said in his heart , GOD hath forgotten : he hideth his face he will never see it . vers . 13. He hath said in his heart , Thou wilt not require it , and therefore he boldly dares to do any injustice that his lusts will put him to , though it be really in the presence of his Great Judge . They walk on in Darkness , Though their Duty were never so clearly hold out to them , they will not yeeld to the Obedience of it , but walk on after the perverse dispositions of their own hearts , and their obstinate wills , and not the pure Word of GOD , and His revealed Will. In this caise the Psalmists conclusion will hold , That all the Foundations of the Earth are out of course , that is , all Judges and Judicatories which ought to be refreshfull to the Poor , needy and oppressed , that ought to strengthen the hands of them that do well , and to be a terrour to evil doers , are now running in a just contrary course and when the foundations are destroyed , what can the Righteous doe , Psal. 11.3 . Sure they need look for no relief from all their oppressions and inj●ries from men , but commit themselves to GOD who is the helper of the fatherless , Psal. 10.14 . and 12.5 . From all this it may be seen , the great blessing it is to a City or Town to have faithfull , able and pious Rulers , Prov. 29.2 . When the righteous are in authority the people rejoyce , but when the wicked beareth rule , the people murmur . It is therefore an incumbent duty on all to pray , that the LORD would raise many able men up in their respective Towns , and also to seek it of GOD to make all the present Incumbents that are in Authority among them , to be such as they ought to be . CHAP. XX. Concerning the Duties and Office of the Provest . HAving recommended severall Duties , which the Magistrats and Councill in generall are to take notice of , for the good and prosperity of the Town , in th● foregoing part of this Treatis● I presume next , to set down the Duties of the severall Magistrats and Office-Bearers , that use to be chosen out of the number of our Councils at every Years Election . This is not that I presume to know these Duties better than others , but for the satisfaction of new Entrants , who have not had occasion to be acquainted with such Employments . The first and chiefest Magistrat in all Burghs-Royal is the Provest . Who in England is called Mayor , the Romans called him Consul . quia bene Rei-pub . consulat Its his place to have a chief care of all the Effaires and Concernments of the Common-wealth and therefore he is not onely to discharge this duty in ordinary and emergent Affaires , but he is to forsee and provide for all things that may conduce to the good thereof ; and this care will require serious consideration of all that may advance the wellfare of the publick , or any part thereof , and of any danger or evill that may fall out to the damnage thereof , to prevent it and guard against it . Secondly , It is his place to preceed in Councill , and moderat the samen and to take speciall notice of all the referrs thereof that are to be done . Thirdly , He is to conveen the Councill upon extraordinary dayes , in all doubtsome matters or emergent occasions . Fourthly , He is to oversee the rest of the Magistrats and Office-Bearers , that they all doe their Duties and acquit themselves diligently in all things that relate to their charge , for it s not enough to give good advice and Counsell , if the samen be not put in execution tymeously and seasonably . Fifthly , He is to be carefull that all the Charters and evidents , and every Paper that is of importance to the Towns Concernments be punctualy keeped in the Towns-Charter-Chists , or where they ought to be preserved ; and not left in any other hands else where , least they may come to be missed , and be in seeking , to the great neglect of these that have the charge of keeping them , which ordinarly is the Provest chiefly and some of the Bailies . Sixthly , And above all , he is to have a care he be just , innocent and of singular integrity in all his behaviour , for an ill example in a Magistrat is far greater than a fault in inferiour persons : Therefore the chiefest Magistrat should have the chiefest care of his publick Charge , and of his own personall behaviour . I need the less insist upon this which concerns him as the chiefest Magistrat , having so fully holden furth the Qualifications he should aim at in the last Chapter . CHAP. XXI . Concerning the Office and Duties of the Bailies . THe next Office of Magistracy is the Bailies , whom the English call Aldermen , and the Ancient Romans called Praetores , quia praeerant . They have the same Authority with the Provest in all our Burghs , as to Decreets and execution of Justice , hence it is , that some have called the Provest Primus Balivorum . The Bailies being four in number in all our chief Burghs , their charge is one and the same though for order , and easing the Burden in some things they are divided , and so they divide the Town in four Quarters , and every one of them hath his propper Quarter alloted to him by choise or lots according to agreement . First , It is his Duty to take up an exact account of all the Families and Persons living within his Quarter , and to know what they are , if Citizens or Strangers , and what is their Trade or Occupation , and by what means they live and mantain themselves , that so no idle , suspect , or scandalous person be there without due notice taken . Secondly , They are to wait ( per vices ) every one a moneth about in the Towns publick House , or Clerks-Chamber thereof , so many hours every day , that is , from ten to twelve forenoon , and an hour or two afternoon , to hear Complaints , examine Parties and Witnesses , and accordingly if there be cause to set down Convictions , and bring them to the next ordinary Councill-day , that the guilty persons be censured by the whole Councill according to merit . Thirdly , It s his duty to wait on the weekly and publick Courts of Judgement , which are but two dayes ordinarly every Week with some , to wit , every Tuesday and Saturday of the week be ten of the clock in the forenoon , where he sits in the publick Town-house as sole Judge in all Legal Processes that are amongst Citizens in Civil Differences , that are not peculiarly competent to be determined by the Lords and Senators of the Colledge of Justice , ( who are the Supream Judges in all Civil Controversies for the whole Nation , ) and so in this place Bills are read , Summonds are called , Officiars or Serjants faithfull Executions thereof carefully noticed and cleared ; agreements proposed , and reasonings pro and contra heard from the Advocats of the respective Parties , Processes carried on to Interloquitors and finall Decreets , as is usuall before any other Civil Judge in the Kingdom . In matters of great difficultie , the Bailie is to have the advice and judgement of the Towns Consulter , who ought alwayes to be the most Learned , Judicious and Discreet Lawier that conveniently may be had . And yet the Magistrat ought not wholly to captivat his Judgement to what ever he advises , but is bound to ponder well , and advise if his Information and Judgement be according to the known Laws and common Pratticks of the Nation , and according to Conscience ; for this it concernes every Magistrat that sits in Judgement , to be a Judicious and Intelligent Person , and one that is carefull to have knowledge of the Acts of Parliament and Civil Pratticks , lest otherwise he may ignorantly be made to pronounce Decreet which is not according to Equity and Justice , through the partiality of the Consulter , who possibly hath been solicited or brybed by the injurious Partie , and therefore the Consulter should be not onely able , but a person of singular Integrity . Next , I judge the whole Magistrats , Provest and Bailies , should advert to all the particulars in the foregoing Chapters , which are laid before the Councill for the good of the Town , as opportunities may be offered and occasion given , seeing the Magistrats are as the hands , as well as the heads of the Councill , to put in execution what ever they enact ; for though a Council did make all the profitable Acts and Constitutions imaginable for the Publick Good , it were to small purpose if diligent and active Magistrats be wanting . Therefore , let Magistrats notice these desireable Qualifications , that they should be endued with , mentioned in the former Chapter of this Treatise . CHAP. XXII . Concerning the Office and Duty of the Dean of Gild. THe next Office-bearer to the Provest and Bailies is the Dean of Gild , whose Duty is according to the Charge usually given him after his Election . First , He is the Towns-Fiscall , and therefore is to accuse all Fore-stallers of Staple Commodities , and see them convicted by the Magistrats according to Law , and so to be censured by the Council at their next siting ; also , to accuse all other publick Transgressors , as incroachers upon the Towns Priviledges or Magistrats thereof , or brakers of the Paenall Statutes . Secondly , He is to receive and count for all the Fines and unlawes of the convicted persons censured by the Councill , and if personall punishment be inflicted with an alternative , as to be redeemed therefrom by such a summ of Money , he is to see that the sentence be executed accordingly , and cause the Clerk insert it in the book of Convicts and Fines , otherwise he is to be countable for the Money , it being alwayes to be supposed by the Auditors of the Towns Counts , that where there is no evidence of inflicting of the personall punishment , that in that caise the Dean of Gild hath received the Money as the alternative thereof , he is likewise to receive the Fines of Fore-stallers as convicted , and then censured by the Councill . Thirdly , He is to receive all the Money for Casualities belonging to his Office ; as for instance , if there should come a Stranger with any Merchant Commodities to the Town , that could not be divided amongst the Merchants according to their due proportions , but it would cause mistakes and strifes to arise , if some got thereof and others nothing , in which caice it is his Duty to conveen the Merchants by publick intimation with the hand Bell , and represent the caice to them , and with their consent obtained , to roup the Commodity , and what profit he gains more than he is to pay the Stranger , he is to charge himself therewith , either amongst the common accidents belonging to the whole Town , or in his Count of the Gild-Box for their Poor , as shall be condescended by the meeting . Fourthly , He is to have speciall care that no privat person buy any Forraign Commodity from a Stranger , but to buy it himself ; yet with all to be sure that it be taken off his hand at the rate agreed for and with profit , seeing Strangers are not Burgesses and not free to Trade , therefore the Stranger is holden to make his first offer to the Dean of Gild , and not to sell to any other privat Burger till then , and that no privat person shall have it under wha● he offered it for to the Dean of Gild. Fifthly , It is his Duty to look carefully that the Towns Statutes be keept , as to the Prices of all things which the Council hath se● down for that Year . Sixthly , He is to see that all the Weight and Measures whether publick belonging to the Town , as the publick Weights in the Weigh● house , Barrells , Kinkins , Firlots , Pecks Elnes and Metts : as also these of privat person in their Trading and privat Shops or Malt-men , Wine and Ale-sellers , their Elnes , Stoups , Weights , &c that all these be according to the Act of Parliament , and the severall standards appointed and approven thereby , for he being Censor Morum & Delictorum hath a very great Charge lying on him , and who ever they be that are faulty or short in these things he is to accuse them and see them convict and censured by the Magistrats and Councill , and therefore he ought to take in the help of his Assessors , in consulting what abuses are to be noticed in the Town , as being of alse great moment to his place as to give Judgement in matters of controversie betwixt Merchants in his Court. Seventhly , He is to be carefull to recommend to the Councill , that they elect for his Assessors the Wisest , Gravest and most Experimented Persons in the Town , who will make Conscience to assist him in the faithful discharge of his Duty , and with those he is to keep Court every week once and as occasion requires ; where he is to preceed for hearing and judging of all causes and differences betwixt Merchants amongst themselves , and Merchants and Sea-men , according to Jac. 6. Parl. 13. c. 180. Eightly , With these his Assessors he is seriously to consider how to increase , preserve and distribute the money of the Gild-Box , for relief of decayed and poor Bretheren of Gild , their Relicts and Children , according to discretion and Charity . Ninthly , He is seriously to propose at the meeting of his Court , if any have an Overture to offer that may be made practicable , for promoving , securing and advancing the Trade of Merchandising in the Town , and gravely to debate thereanent , and prosecute it after due deliberation according to Reason and Discretion . Tenthly , He is to press them earnestly to consider , if there be any abuses or transgression of Publick Laws , or Towns-Statutes by any that keeps the weekly Mercats in any kind of these things that contraveen the Statutes , that redress may be made and the guilty punished , and for this , the Towns-Statutes for regulation of prices would every Year be written in the Gild-Court-Book , and often read for memories sake . Eleventhly , He is to consider what reparation the Towns-House or Tolbooth , Pack-House , Weigh-House , or other publick Works that belong onely to his Charge requires , and to cause the same diligently be performed by the respective Artists and Tradesmen : and if there be any thing whereby the Town may be better accommodated or adorned without profusness , or prodigall expenses , he is to think upon such things and propose them to the Councill . By these foresaid particulars this charge may be seen to be very weighty , for if there should be found gross disorders in the Town in matters relating to his Office as before mentioned , it may be justly imputed to the neglect and unfaithfulness of the Dean of Gild more immediatly than to any other of the Magistrats , though it still lyes upon them to put him to his Duty if he shall be found wanting . But if a man shall worthily acquit himself in all duties belonging to this Charge , which is without doubt one of the weightiest in the Common-wealth ; he may remember how the famous Roman Cato was surnamed the Censor , all his life and ever since also , not as if there had been none in that Office but he : there were many be ore and after him in that Charge at Rome , but because he did discharge his Duty most faithfully and diligently , he obtained that designation , as if in that Office he had obtained a victory or gotten a Triumph . Even as Scipio was sirnamed Africanus , from these Heroick Victories he obtained there . Wherefore , I shall onely say as Paul the Apostle said of an Elder that ruled well , 1. Tim. 5.17 . That he that dischargeth the Office of Dean of Gild well , is to be counted worthy of double Honour . CHAP. XXIII . Concerning the Office and Duty of the Towns-Thesaurer . THe next Office-bearer is the Thesaurer , of whose Duty he is to receive a particular account Yearly after his Election from the Towns-Clerk . It is alwise expedient he be a person who can command ready money , for if his predecessor be super-expended he is to pay him at the Term immediatly ensuing to the Election , and to advance any money due to the Towns-Stipendiaries at the said Term ; as also any other ordinary , and some times extraordinary advancements , which the publick good of the City may require . For which he is to gather in the Towns propper revenues , whether they be Fwes of Lands within the Freedom of the Town , or as some Towns have Fwes of Salmond-fishings , and all their ferm duties as of Mills , Pack-house and weigh-House , Customs and Tolls , and all other such like duties as are insert in his charge ; and if all these will not serve , he is to advertise the Magistrats and Council thereof , that either moneys belonging to the Town , and resing be other persons may be called for , or an taxation to be imposed upon all the free Citizens , may be tymously granted and collected for his satisfaction , before the year of his office expyre I must add for the encouragement of any person that shall be in this Office , I never knew any a loser in their debursments for the Town , unless it had been through their own neglect , in not timely taking up and using diligence against the per●ons and estates of those who are indebted to the Town ; and if it fall out otherwise , it is a reflection upon the Magistrats and Councill as defective of discretion , in not timely provyd●ng for his satisfaction if the Thesaurer have given them timely warning . There are severall other Office-Bearers next to these formerly mentioned , and they are according to the different constitutions of the severall Royall-Burghs in the Kingdom , some have the charge of the Kirk-Works and Bridge-Works , some have the charge to the Mortified-Moneyes , and some have the charge of the Hospitals , and some have the charge of the Shoar or Harbours , or Works belonging to them , &c. But seeing the setled Office-bearers that are fixed and constant in every Royal-Burgh are spoke to at some length , I need say little to the other , seeing every one of them are to have their distinct charge which is sufficient to instruct and direct them in their duty , and by consulting the Magistrats and any other that are best skilled in their Effairs , they may be counselled what to do and how to behave in all these concernments , as become judicious and discreet Persons that are chosen to these Employments . CHAP. XXIV . Concerning the Office and Duty of the Towns-Clerk or Recorder . THough the Clerk have no vote in Councill , yet he is a necessary constituent Member in every Judicature and Court , and ought to be a wise , sober and faithfull man : a person well acquainted with the Laws both Nationall and Municipall ; eloquent in Speech , an able Pen-man , and one addicted to diligence in all the Duties of his Charge , and one that will make Conscience to serve GOD and Man in his station . He should be First , Wise and Judicious , that thereby he may discern what is legall and just , and expedient to be done , and if he perceive somethings done otherwise , he may modestly and reverently express it in Councill , or to the Magistrats as the caice requires . Secondly , He should be sober , otherwayes he will ( as one puft up with self-conceit ) incroach upon the Duty of a Magistrat or Counsellour , and take upon him to carry more highly than becomes , which is most unseemly in him , and seldom without a tacit reflection on those who should command him , to wit , the Magistrats . Thirdly , He should be faithfull , else it is like he may be carried with Faction , and by●assed with respect of persons in his collecting and marking of Votes , and conceiving and recording of Acts which is most detestable , and were sufficient to render a man uncapable of all trust . Fourthly , He should be well acquainted with the Laws of the Kingdom and Municipal-Laws of the Town , that thereby he may order processes , and keep the Courts for common Pleas , where the Bailies sit Judges in due form , and happily may be capable according to his abilities to consult the Bailies indifficult Law caices , seeing it may fall out , and oftentymes de facto doth fall out , that some young men are made Magistrats that are little acquainted with many such like things incumbent to his Office , which an intelligent and discreet Clerk may be often very instrumentall to help . Fifthly , Eloquent in speech , for it may fal● out that need require an able man to expres● the respects of the City to a PRINCE , o● some Eminent Noble Person , or to represen● the caise or cause the Town hath to lay before him , and therefore it were very requisit● he were Eloquent and confident to discharg● this Duty , since it is to be supposed his Breeding and Education may prompt him more to it , then men , that are frequently Magistrats i● Cities , though otherwayes they may be jud●cious and su●ficiently qualified . Sixthly , He would needs be an able Pe● man , not onely for conceiving clearly Acts an● Decreets , but missive Letters to Persons of a● qualities , he onely and propperly being th● Towns Secretarie . Seventhly , Addicted to be diligent in all th● duties of his Charge , because he is intrust● with recording all Acts of Councils , and all D●creets of Bailies and Dean of Gild Courts ; Bo● and all such publick Concernments in the Tow● he is to beware of loytering or leaving hi● self behind in filling up of Books and Registers , and therefore the Councill may deligat some in particular , to see that the minute of their Acts be rightly drawn up and carefully looked to in their Publick Register before their next Meeting . Lastly , He would needs be one that makes Conscience to serve GOD and Man in his station , and if he hath this Quality joyned to his other abilities , all the forementioned requisits will be the better performed . He will not covetously extortion any he hath to do with in his Employment , but rest contented with such rewards as the Magistrats and Councill appoint for him according to his severall Duties , which in discretion they ought to do , and not leave him to exact what he lists . CHAP. XXV . Concerning some Duties incumbent upon the Magistrats joyntly . HAving briefly touched the duties of the Council in severall Chapters , and pointed at the Office and Duties of the Magistrats and every Office-bearer by themselves apart , I crave liberty to mention somethings that may concern the Magistrats in common and jointly together . As First , It s ye that are to visit the Schools at least every quarter , with such persons as ye think fit to call to go along with you for examina●ion of Grammer-Rules , Themes , and interpretation and analizing of Authors : and for this it were fit before ye went , 1. To cause read s●ch Mortifications as concern the Grammer-School , if there be any , that ye may discharge your Trust according to Conscience . 2 ly . At every Visitation read over the Laws of the School , which in some Towns have been severall times Printed , and are recorded in the publick Register of the School . 3 ly . Be carefull there be no partiality in distributing the Praemia or Rewards , that the best Schollars may be most encouraged . 4 ly . That every Visitation be particularly Registred in the School-Register , with the names of the Visitors , and the Schollars that gain the Praemiums may set down their own names , with the ground upon which they did obtain the Praemium , and thus the putting their names upon record , will be as considerable an encouragement as the Praemium it self . 5 ly . The Masters attendance and faithfull discharge of Duty , and the observance of the appointed hours would be carefully enquyred into , and their exercise of Discipline towards the Schollars , and defects when they are found reproved and recorded in the Register , that it be amended against the next Visitation , and if so , the amendment to be recorded , and so the last blot taken off . This much for the visitation of Schools , and if there be any further requisit , I leave it to your ryper considerations , as the constitution of Schools in the several Burghs may require . Secondly , Ye would need to meet together shortly after your Election when every Office-bearer hath got his Charge from the Clerk , and take every one a day a part , because this work would be done to purpose and not posted over , and cause read over his Charge whom ye call first , and recommend it to his care and diligence what is incumbent : with all adding that in respect he will have more time and opportunity to perceive what is amiss under his Charge , and what will be fit to be done by him , that upon discovery thereof he may acquaint the Magistrats or Councill that course may be taken therewith as shall be found most convenient . This would be done exactly with every Office-bearer . Thirdly , It would be a work very suitable to your place , to fall upon the most Prudent , Judicious and Discreet Men in the Town , few or more as ye think fit , with some of your own number , and call them and lay it upon them Authoritatively , to take notice of all differences , plyes , mistakes , discords or heart-burnings that fall out amongst neighbours to reconcile them ; and accordingly ye ought to call the Parties , and shew them that as Magistrats ye look upon your selves as engaged before GOD amongst other Duties , to keep the Citizens in Peace and Love one to another : and that timely notice be tak●n of all pleas in Law , that expenses may be prevented and Love and Friendship preserved in the Town . Justitia & Benignitate Pax inter Concives . If there be any incendiarie , or bad instrument in a Town , let such be noticed and rebuked . Fourthly , It were a commendable thing if ye that are Magistrats would meet among yourselves once every week , and probably it might seem fit at an afternoon before your Councill-day , that ye might prepare and rypen matter● that are under refer for the Councill , or what else ye may think fitest to be done in the Towns Effaires , this would not onely shorten your work upon Council-days , but would evidence that your Actings were done with good advysement and deliberation . Fifthly , It will be worth your consideration , to fall upon a way to make up a publick Liberary of such books as are most fit for qualifying Magistrats and persons in publick trust , such as these that treats of Kingdoms and Common-wealths &c , and Laws thereof and Histories , Geographie , that treat of the manners of Nations , our own Acts of Parliaments , Regiam Majestatem , and generally all other such like Books that may become Civil Rulers to be acquainted with . But it may be there are but few acquainted with the Latin-Tongue or French-Language , that afford severall such , as Bodin that writs copiously of a Common-Wealth in French. So Franciscus Patricius Senensis that writs of the Institution of a Common-Wealth , and of the Institution of a Kingdom ; Wendilini Polititia , but these are in Latine and are old ; but there are many Modern that may be found at London . Also books fit for a Dean of Gild and his Assessors , as Lex Mercatoria , Roberts Map of Commerce , the knowledge of the Sea-Laws , as the Roll of Oleron , or Consolato of Barcellona , &c. which being keept in some Publick Place , where the Magistrats and Counsellours ( by the persons that had the trust of them under inventour ) might at all occasions have access unto . Sure I am , it were a very commendable thing to have such a Liberary in your Council-house which would be at hand , and continually under your eye and care , and might be made use of at any time convenient . Sixthly , Ye are with the rest of your Neighbours of the Town once every year to ryde your Land-Marches , both outward and inward Marches ; the outward is that ye see that none of your Neighbour-Heritours encroach upon your Freedom-Land , nor upon the properties of your Fewers . And the inward Marches is , that ye may see none of the Heritors of the Burrow-Roods encroach upon the High-Wayes or beyond the bounds of your March-stones : and while I mention this , it were fit ye should take some effectuall cou●se with the High-Wayes or Avenues that come into the Town , that horses with loads may come into the Town all the Seasons of the Year , in Winter as well as in Summer and the rather , that ye have the advantage of the publick Acts and Orders for your assistance therein . Seventhly , Were it not worth your serious consideration , to fall upon some suitable way to stirr up all Magistrats and privat persons to perform notable services to the wellfare of the Town , and to bethink your selves what may be of greatest efficacie to encourage all sorts of persons thereto ? I think amongst many other wayes ( which ryper judgements may fall upon ) it might be a good one to imitate the LORDS own way , set down in Mal. 3.16 . Then they that feared the LORD spoke often one to another , and the LORD hearkened , and heard it , and a Book of Remembrance was written before him , for them that feared the LORD , and thought upon his Name . See vers . 17. And they shall be mine , saith the LORD of Hosts , &c. This was a bad time , for they that wrought wickedness were set up , and they that tempted GOD were delivered ; and the proud were called happy , and because it was rare to hear any speaking aright of the Wayes of GOD , yet they that feared the LORD did speak often together , and GOD hearkened and heard it , and insert it in a Book of Remembrance for time to come . For they shall be mine saith the LORD of Hosts , in that day when I make up my Jewels , and I will spare them , as a man spareth his own son that serveth him . This was the way the LORD took , even to record notable Service , that in due time he might reward them . So when the LORD blesses any man to do any notable Act for the common Good of the Town , either for profit or reputation , I think such an Act ought to be recorded even in a Register apart , that they and theirs may find the more respect , if there fall an opportunity to manifest it in t●me to come . The puting Mordecai's good Service on record , was the occasion of his exaltation , the Jews preservation , and Hamans destru●tion . Esther 2.23 . And 6.1 , 2 , 3. The Romans and Graecians had their own wayes for stirring up their Citizens to all Heroick Acts , but they were deeply tainted with vain glory as their Triumph and Lawrel-Crowns , as their Corona Ovalis of Myrtle , for a victory gotten with little hazard , Corona Civica made with leaves of Oake for him that saved a Citizen from the Enemie : so also Corona Populea , for Young men that were found industrious and studious in the exercise of Vertue which was made of Poplar leaves . These were but triviall things , but much intended to gratifie vain glorious humours . But the puting notable Services and Acts upon record , is for the encouragement of the Posterity , and others that may be observers thereof ; and therefore may be done with such solemn circumstances as may be thought fit and most consistent with modesty and sobriety so as the posterity may be influenced to the same , or such like exercises . Rom. 13.3 , 4. They that do good are to have Praise and Rewards from Rulers as well as evil doers are to be punished by them who are to be a terrour to such . If these had been recorded , there had been Honourable mention made of many stately Buildings and Monuments in many of our Royall-Burghs , which long ere now , or shortly will be quyte forgotten . Neither these Artists and privat persons that do good Service , or find out good inventions for profit or ornament to the Town should be neglected . CHAP. XXVI . Concerning Iustice of Peace Courts , to be holden within Burgh by the Magistrats thereof . IN the foregoing Chapters I have presumed to suggest severall particulars which may conduce to advance the Polilcy , good Government and prosperity of a City or Common-wealth as men , and in his I am to mind the Rulers more particularly ●ow they shall order it as Christians , in evi●enceing their zeall against sin , for the honour ●nd Glory of Him who is the PRINCE of ●he KINGS of the Earth ; and upon whose ●houlders the government is laid , from whom ●lone all blessings of peace , prosperity and pre●ervation can be expected , and without whose ●racious favour , no skill , power , wisdom or ●eans that men shall use can profit , according ●o Psal. 127.1 . Except the LORD build the ●ouse they labour in vain that build it . Except the LORD keep the City , the watch-men waketh ●●t in vain . Then seeing all our mercies spring from this fountain , it concerns all Magistrats very near , to be carefull that no gross sin be indulged amongst them , such as Whoring , Drunkenness and Swearing ; these are the most common Scandalls unsuitable to the Gospel and such as profess it ; that are to be found in Cities and Towns. These are sufficient to provock GOD to withdraw his mercies and to send sad Plagues and Rods ; and to confound all your Counsells and blast your best Endeavours : for suppressing whereof , I know no better outward mean then a conscientious , faithfull and diligent Court of Justice keeped by well principled Magistrats , assisted by pious , honest and zealous Constables weekly Now I hope no tender Christian will judge me too presumptuous , to offer to propose a rule to the Royall-Burrowes , how they shall bear down these common Vices , seeing I can say it in sincerity , it is more from a respect that I owe to GODS Glory , and the reall regard I have to the Honour and Wellfare of all the Burrowes of SCOTLAND , that I humbly hold out my mind unto them in this matter . Therefore I wish that all Magistrats in their respective Towns , would choose out of every Quarter of their Town , four , five or six , well qualified , sober and discreet men , to be Constables ( it were expedient that some of them were members of the Church-Session ) that with them they might meet and hold a Court every week upon such a day as shall be judged most convenient , and there the Constables may give in their delations upon those persons they have found guilty in Whoredom , Drunkenness or Swearing , who may be ordered to be summoned against the next Court day , that then and there they may be censured and punished according to their merit by Fynes , Imprisonment or so as the Magistrats in their discretion shall think fit , not exceeding the censures imposed by Acts of Parliament . And for the more effectuall bearing down of Swearing , it will be found fit that one of the Constables with one of the Towns Officiars or Serjants should go through the Town on every Mercat day per vices , when the Countrey people are conveened , and greatest confluences of people to be seen ; and whatever person they find taking GODS Holy Name in vain , or swearing any other Oath , that they may immediatly exact some small money from every one that are found so doing : and after the Mercat give in all that money to the Collector , or to the Magistrat , to be laid up for publick use , and a note thereof to be keept in the Register . I know by experience , that in few Moneths this way diligently gone about in a Town where thousands of people have frequented the Mercat place , there hath not the meanest Oath been heard in that place ; but it is sadly to be regrated that this Zeal waxes too soon cold . But if any shall object , that Church-Sessions or Consistories are sufficient to take order with these evils ▪ and are fitter than any Magistrat or Civil Court ? I answere , It is true , that Ministers and Church-Sessions continue to do some thing of this according to the custome in Countrey Parishes , and some Acts of Parliament authorizing them therein ; but in this Polemick-Age when many things are controverted , which were not questioned formerly , it is found a matter very extrinsick to Church-Officers or Guids , to meddle with any thing that is propper to the Civil-Magistrat , such as Fynes , Imprisonments , or Corporall Punishments , seeing Magistrats within Burghs may easily perform that Duty , whereas in Countrey Parishes they cannot be so conveniently had . Secondly , It may be easie to any understanding men to perceive , how Heteroclit a thing it is to see Preachers speaking to such delinquents more Magisterially liker a Civil Magistrat than Ministerially , menacing their Persons and exacting on their Purses , whereas it were more becoming Ministers of the Gospell to endeavour to awaken and convince their Consciences which is their propper work , because the Weapons of their Warfare should not be Carnall . 2. Cor. 10.4 . Thirdly , Neither is this design to weaken their hands , but to strengthen them in their propper work ; seeing the end of both Courts is to suppress Sin , and it is the more likely to take the desired effect , when Civil and Ecclesiastick Rulers do every one their Duty in their propper Sphere . It is more sutable to a Christian Magistrat , to execute Justice by Civill Punishments upon delinquents with a tender compassionat heart , and to speak to the Consciences of sinners , then for a Preacher of the Gospell to threaten Corporall Punishments ; tho they can pretend to no more zeall then James and John , Luke . 9.54 , 55. whom CHRIST rebuked , saying , Ye know not what manner of spirit ye are of , for the Son of man is not come to destroy mens lives , but to save them . But some may say , why may not this Court take order with Blood-wicks and Ryots , and the breach of all other Paenall-statutes ? I answere , Not , because this were to encroach upon the Priviledge of the Dean of Gild , whose duty it is to accuse and see these convicted and punished that are guilty of the breach of these Civill-statutes , and to collect their Fynes , but he used not to notice persons guilty of Whoreing , Swearing and Drunkenness , but most ordinarly these were either laid over to Church-Sessions , or altogether neglected and little noticed , unless it was Whoredom , and the unfitness and inexpediency of this is spoke to before , which I referr to the Readers serious consideration . Happy were every City and Town in this Land , if the Zeal ( which in some places is often times too apparent for self-interest , ) were running in no other channell , but that which is pure , holy and harmless , for the Honour of GOD , and the wellfare of Souls , which in Christian Meekness and Love might sweetly vent it self to the joy of GODS Spirit , edification of all Pious and sober minded People and the conviction of the most stubborn and obstinat offenders . But as the best and most Religious Duties of GODS Worship may degenerat and turn to a form of Godliness without the Power , as 2. Tim. 3.5 . which feed the fancy , and in some the itching ear with Rhetoricall flowrishes and specious outsyde dresses . 2. Tim. 4.3 , 4. rather then building up souls in the most holy faith . Jude 20. So these means tho never so much strengthned and established by Law , may through remissness and want of true Zeal be also turned into a meer form , without any fruit or effect according to the temper and disposition of the instruments , or the iniquity of the times when Sin lifts up its head and comes to that hight of arrogancy and pride , that it will not admit of a check : but however a Duty remains a Duty , and when we cannot do what we would , and impediments become insuperable , In magnis voluisse sat est . The great and many Advantages that will or may accrue by a diligent prosecuting of this Justice Court weekly may be easily perceived , for thereby sin may be duely punished , Swearing and all Oaths banished out of the streets , and a considerable sum of money collected for the poor and other pious uses , the Clerks pains liberally rewarded as a punctuall Register keeped for that end may evidence , for , as Uno dato absurdo multa sequuntur . So one Good cometh never alone . CHAP. XXVII . Concerning some Considerations laid before the Youth , in every City or Corporation . HAving written at some length of the Duty of Rulers that have the Government of Burghs , I cannot close this Treatise till I lay some considerations before the Young-men of all our Cities and Towns in the Nation , that are born and bred therein : as also , to the Inhabitants and Free-men of our Cities . As to the Youth , I would have them consider that they are the seed and seminarie of their respective Corporations , and that the Blessing and Happiness of a Town doth much depend upon them and their behaviour ; for if they be Vertuous , Wise and Sober , they may procure in due time , a great commendation to the Place of their Nativity and Residence ; if otherwayes , they do what in them ly to draw disgrace and contempt upon it . See Prov. 11.11 . By the Blessing of the Upright the City is exalted , but it is overthrown by the mouth of the wicked . For by Riotousness and Debauchrie they ruine themselves , and make way for Strangers to be Inhabitants . See Prov. 2.21 , 22 For the upright shall dwell in the land , and the perfect shall remain in it ; but the wicked shall be cut off from the earth , and the transgressors shall be rooted out of it . Wherefore in the first place , I recommend to them in the fear of the LORD , that they would above all make it their care to know GOD and his living Motions in their hearts , whereby he bears witness against all the Sins they are inclyned unto , and points out their Duty and the Way they should walk in , according to Eccles. 12.1 . Remember now thy Creator in the dayes of thy youth , for tho they follow the corrupt wayes of their hearts in the dayes of their youth , yet ( sayes Solomon ) Knew thou for all these things GOD will bring thee into judgement . Eccles. 11.9 . Wherefore O Young Men ! be faithfull to the Light of GODS Spirit in your hearts , for it s there ye shall here a word behind you , saying , This is the way walk ye in it : when ye turne to the right hand , and when ye turne to the left . This is a teacher which shall not be removed into a Corner . Isa. 30.20 , 21. And therefore , be much in reading and studying to know the Mind of the LORD in Holy Scripture , and joyn Prayer therewith , and be serious n it , and let it not be a bare form ; but look up to GOD in all , and wait on him till thou obtain the desired blessing . See Prov. 2.1 , 2 , 3 , 4 , 5 , 6. My Son , if thou wilt rceive my words , and hide my Commandments with thee ; so that thou encline thine ear unto-Wisdom , and apply thine heart to Understanding : yea , if thou cryest after Knowledge and liftest up thy voice for Understanding : if thou seekest her as silver , and searchest for her as for hid treasure : then shal● thou understand the fear of the LORD , and find the Knowledge of GOD. For the LORD giveth Wisdom : out of his mouth cometh Knowledge and Understanding . Next I recommend to you to set your hearts to prosecute some vertuous Calling or Employment , whether it be Merchandiseing or Mechanick-Trade , particularly ( in the LORD order it ) to choise every one of you the Trade of your Father , though herein ye are not to be limited , but by a diligent and skillfull prosecution of some Vertuous Calling and Employment , ye will not onely be able to preserve that Portion left to you by your Patents , but by the Blessing of GOD to augment the samen to your great credit and reputation . The sooner ye betake your selves to your Callings , the better . Parents are oftentimes b●ame-worthy , that keep their Sons at Schools and Universities though their Talent and Inclina●ion run not in that Channell , till they are unit for breeding in their Callings , whereas the Knowledge of the Languages and Arithmetick mi●ht be sufficient to qualifie them , as men mee● to live in these civil Employments fit for a C●tizen . It hath been observed frequently by wise and sober men of all ranks , that it hath been the ruin of Burgers Children that they followed not their Fathers Trade , but i● their Parents purchased any considerable Estate by their Trade and Industrie , the Childre● ( bred up at a far higher rate both in appar●ll dyet and breeding , then their Parents were or their Trade could allow , ) became more high-minded , proud and vain , that they judged it below them to stoup to do many things which their Parents did . Hence thorow want of fit Education , and foolish pride and conceitedness , many have become idle men , and spent their whole life without any Calling , and so have become poor and left their Children in a mean condition , or have been necessitated to go off the Countrey to seek a livelyhood else where : from hence it needs not seem strange to see old Families in Cities wear quyt out , and to have no Posterity to preserve any memory of them , for how soon any competent Estate is gained by the Parents , the Children ( as I have said ) become vain and riotous oftentimes , and forbear any vertuous or commendable Calling , and live an idle life , which does not a little reflect upon the Rulers and their Government ; and upon the reputation of the Town . Wendelin in his 2 d. book 12. Chap. cites Cicero in his 7 These Pag. 198. saying , Tamdiu duravit in Civitate Gloria , quamdiu Adolescentibus Romae vagari otiosis non licuit . That is , Glory or Renown remained in the City , so long as idlesit was not permitted to the Youth in Rome . It s reported that Marcus Aurelius the Emperour in his time , did condemn all those to the Publick Works that walked in the Mercat-Place without the bage of their particular Calling . If such Laws had place , it would serve to abate the vain conceitedness in many that will not abase themselves to keep Shops , or these Employments which their Predecessors did use ; and i● may be , were the first mean of their riseing , or coming to any respect in a World : forgeting that word , Prov. 12.9 . He that is despised and hath a servant , is better then he that honoureth himself and lacketh bread , Which plainly speaks out to this purpose , that it is far more commendable to Trade and use any lawfull Employment , and thereby to live comfortably , then out of a vain conceit of themselves of being above such mean Employments , to spend their time idlely , and so bring inevitable want upon them and theirs : whereas it were far more commendable , to see the Children of Old-Burgers continuing to follow their Parents Trade whereby they might prevent inevitable Poverty , and spend their dayes with much Comfort and Peace both outwardly and inwardly , and give good example and means of education to their Posterity , and retain the respect and esteem which their Parents or themselves have gained in their City . These are the fruits of that Vertue which is the product of a truely Wise , Humble and Sober Spirit . It is a matter worthy of consideration for all that are in Power and Authority in Burghs and Cities , who would rejoyce to see their Fellow-Citizens prosper , and Vertue to grow amongst them , to give all due encouragement not onely to Trade in generall , but particularly to such as evidence a vertuous disposition in following the Trade and Way of their Parents and Predecessors , especially seeing this hath been so little in use these many Years , yea Generations . And as this Duty is not onely Blessed with many Personall and Domestick Advantages , to these that carefully and prudently follow the same , so it hath its own advantages for the good of the City . As First , the Off-spring of Old Families will not be a burden to the Town , which oftentimes gives occasion of reproach to Latter-in-comers to upbraid them , and burie the Vertues and good Offices their Worthy Ancestors have manifested in their time , to the advantage of the Common-wealth in utter oblivion . It could not but move the beholders to see M. Hortalus , the onely Stock of the Noble Hortensian Family , to plead for Charity with his four Children in his hand , before the Emperour Tiberius , and the Lords of the Senate of Rome , laying out his Poverty before them , tho he was descended of so many Consuls and Dictators , yet through want of honest Industrie , or that Frugality requisit , had fallen into extream necessity : whereas if he , or his immediat Parents had not through Ambition wasted , or through idleness suffered their Estates to ruine , as the Emperors answer to him did insinuat , he and they might have prevented this shame . Cor. Tacitus lib. 2.8 . Secondly , In like manner , by this the Town is better furnished with able and understanding men for Rule and Government , and better management of the Towns effairs , seeing it is evident , that these who are born and bred in the Town , are for most part better educated in Learning and brought up more carefully at Schools then Strangers , or Countrey-people are , who for most part come from the Countrey to be Merchants and Trades-men in Burghs . As also , many Towns-Youths have occasion to be bred in Forraign Countries , and thereby to attain better accomplishments then others who never had such opportunities , so that they may be farr more usefull and skilfull for publick effaires then others . Thirdly , By this Old Families may be continued to many Generations through the blessing of GOD , if not in growing prosperity in Wealth , Credit and Esteem ; at least in a continuance of what hath been already attained thereof , as hath been seen in many great and flourishing Cities abroad , whereof abundance could be instanced . And this would wear out the common reproach put upon Cities by the indiscreeter sort of Gentrie , who look on them as Carles and base spirited-men which is mostly occasioned by the frequent access of too many that are such who take up Trafficking and Merchandising , and supplie the roomes of many of these who think themselves too good to Trade . And seeing there is nothing can make a man more properly a Gentleman then Vertue and descent from vertuous persons , by Birth and Antiquity joyned with a competent Estate and Living , and good accomplishments of the mind , our Cities being furnished with the Off-spring of old Inhabitants well educated and bred , and vertuous in their Callings and Behaviours , might upon good ground be reputed Gentlemen as well as many others that without question are held so ; seeing that Merchandiseing in it self , may be esteemed as consistent with a Gentleman as Tillage of the Land may be to these Gentlemen who labour their own Lands , which doubtless is very commendable in it self and becoming the Greatest Persons : seeing the Spirit of GOD gives this Counsell by a Royall and Princely Hand as the Pen-man , Prov. 12.11 . He that tilleth his Land shall be satisfied with bread , but he that followeth vain persons is void of understanding . The meaning whereof is very plain , preferring Industrie in the most common and ordinary Calling to an idle life , under what ever pretence of Gentility , esteeming such in plain termes fools and void of understanding . Fourthly , By this our Cities and Towns would be better furnished of publick Spirits , that would be more tender of the good of the Common-wealth ; for it is without all doubt , that when the Inhabitants are born and bred in the Town , and it may be , descended of severall Generations of Ancient Citizens , they will not onely be more ready to lay out their pains and labour for the Credit and good of the Town , but will more willingly spend and be spent , yea , lay down their lives if called thereto , then probably can be expected from New-incomers , who cannot have that naturall love and respect to the place which others cannot but have . Hence it is reported of the Generous Romans , that after the battell at Cannae , when almost all ground of hope was lost of preserving Rome , Florus lib. 2. cap. 6. said , Aerario deficiente privati opes suas Reip. conferunt . That is , When the Thesaurie was exhausted all the privat men bestowed their Wealth upon the Publict . I would have all Citizens to consider the way and manner of the most flowrishing Cities abroad , where Traffick and all kind of Trade is vigorously prosecuted to the great encrease of Wealth and Prosperity , and that by the most considerable men in their Towns , some one way and some another by Mechanick-Trades , as well as by Merchandiseing . Let all inform themselves , of the Industry of the Inhabitants of the Towns of the United-Provinces , who by their pains and industry in their severall Callings are become so great and powerfull , yea ●ormidable , that there is no KING nor PRINCE ●n Europe but will honour them with the Title ●f High and Mighty Lords : whereby they have ●aunted the pride of the Spaniard , and more ●hen once coped with the most Powerfull PRINCES in Christendom . Let also the In●ustry of the Hans-Towns in Germany , and ●he Cities on the Baltick Sea be considered , and that it is that makes each of them so considerable as they are . It is reported , that the Grand-Seigneor a●ongst the Turks , who is one of the greatest PRINCES of the World , that even he must ●lso have some Handy-Trade , such is the re●pect , that even Infidels put upon Vertue , when ●any that are called Christians are in this worse ●en Infidels , who refuse to provide for their ●amilies by commendable and vertuous Cal●●ngs and Employments . By these and the ●ke considerations , I earnestly intreat that all ●ur Inhabitants , of what ever rank or quality ●ey be , would seriously ponder the great im●ortance of Trading , every one according to their Talent and Ability , and that the meanest may be encouraged in all fit wayes becoming , especially Young Men. The Romans thought this much worth the noticeing , for they Crowned publickly all Young Men that were studious of vertuous Exercises and Employments ; with Corona Populea , with Poplar leaves as I touched in the twentyfifth Chapter of this Book . CHAP. XXVIII . Directed to the Inhabitants , and Free-men of Cities . IT may be easily beleeved , how much of the wellfare of every particular Citizen depends upon the well-being of the publick Estate and Condition of their respective Towns , for a City or Common-Wealth is but one Body , as was well expressed by one showing it was as absurd for the Members of the Common-wealth to grudge to contribute their uttermost endeavours for the Publick good , as it were for the Members of the naturall Body of a Man to repyne against the Stomack , because the Hands work , the Feet walk , and goe about business , &c , whereby the Stomack might be brought to utter indigencie and want through famine , it is easie to conjecture how soon the Hands should hang down , the Feet wax feeble , the Eyes become dim &c. The application of this is clear that it will be no otherwayes with every Member of the Common-wealth where the Publick is neglected . It was the sense of this ( as I hinted before ) that made the Generous Romans after the Bat●ell of Cannae , every one both Senators , Knights , and Privat-Citizens , to cast in their Privat-Wealth into the Common-Thesaurie , when it ●as quite exhausted : yea , this made the Tradesmen , as Measons and Carpenters &c , to employ their pains and labours without wages in that ●xtremity for the Good and Preservation of their City , by which Publick spiritedness , they ●on recovered their pristine Glory , Renown and Wealth , being thereby delivered ( by the ●rovidence of the ALMIGHTY ) from that ●minent danger , which then did threaten ●eir utter ruine , by a powerfull and prevail●g Enemie Hanniball and his victorious Army . See Walter Raleighs History , and Florus . Let all therefore consider , if a Town or Common-wealth be under a great decay and heavy burdens , that are like to ruine the same , if surable and seasonable remedies be not provided , whither it be not as needfull for Citizens to deny themselves , and give up their private interests to be disposed of for relief of the Publick , as it is for a diseased person that is threatned with death by a deadly disease , to submit to let blood and to purging evacuations , though the potion were never so bitter and unpleasant to the taste , especially if there be hope of health and life thereby . We must not be as Children who are led meerly by sense , but as Men who by Reason can deny Sense and force themselves to submit to such Medicines as may effectuat the cure , though never so unpleasant to the pallat . It is therefore an unbeseeming thing in any , to grudge at any Impositions that may relieve the Publick Burdens of the Common-Wealth . And surely those Towns whose Inhabitants voluntarly consent to such reliefs , without the Imposition of the Supream Authority , are highly to be commended , as Dundee and Glasgow , such cannot but flowrish and prosper , as is to be seen by the considerable acquisitions which the City of Glasgow hath made within thir few years , yea in building a new Town at the mouth of their River with all accommodations for Trade , &c. I could be glade that all the Citizens in this Kingdom would but inform themselves of the publick spiritedness of that People thir many years by gone , and emulat with them ; and to give but one instance of this . In the time when the Englishes had the Government of this Nation , when Gess and Excyse was great ; they of their own accord did agree to pay six Shillings-sterling upon every Boll of Malt , whereby they payed all the publick Dues , and the whole Sallaries of their Stipendiaries ; and had their Publick Revenue of their Thesaurie still free from any out-givings all that time , whereby they shortly after acquyred Lands of great Rents . An Old-Provest of that Town J. G. told me , that though they were divyded among themselves in some things , yet if any one should make a motion that might tend to the Publick Good , they all agreed as one man. So that it may be said in some respect of them , as Florus in his second book ; Chap. 6. said of Rome , after the Battell of Cannae . O populum dignum omnium faevore & admiratione hominum ! compulsus ad ultimos metus ab incepto non destitit : & de sua urbe solicitus . ( that is ) O people ! worthy of the favour and respect of all men ; and of their admiration ; though redacted to the last extremity ; yet carefull of their Town . If such a Spirit did act the Citizens of our Nation , our Towns would be in a more prosperous condition by far then they are : and in order to this , I will lay before you this consideration , either ye are Citizens born or not . If ye be Natives ? it is but naturall to all men to love the place of their Nativity . Many have not thought their Lives dear to them , and to undergo all perills and hazards for the Honour and Well-being thereof , according to that old saying . Dulce est pro Patria mori . It is gratefull to die for their Native-Countrey . And they that are not born , but now made Free-Citizens may mind that their Children are born there , and Parents for most part travell and toyl for their Children , and so in freeing the Publick Debts and Burdens , ye free your Posterity of Burdens . But some possibly may jealous the Administration of their Magistrats as unfaithfull , &c. To which I can say , ( having severall years born Office in our own Town , ) I never knew any cause for such a thought , nor that ever a Magistrat was so base as to be guilty of such a Crime , which the Romans called , Crimen Peculatus : when Magistrats or others took of the Publick Money to make their personall gain , which is to be abhored by GOD and Man , and is enough to procure a Curse upon them and their Posterity , who ever should be guilty of such baseness . I have read of severall brave Men amongst those we call Heathens , that have been Persons of greatest Trust , who have been so faithfull , that rather then appropriat of the Publick to their privat use , they have preferred to dye poor : so that they have been buried on the Publick Expense , and their Children educated and provyded by the same means . It ought to be far more abhorrent to these that profess Christianity . But because it is frequent with many to admit of a dissatisfaction with their Rulers , and apprehend their might be had many fitter to Govern then they who are present Incumbents , I suppose if they had their choise , it would fare with them as it did with the People of Capua , when they were about to have murthered their whole Senat , had not Clavius Pacuvius , who had great respect amongst the People desired them ( being conveened in a Publick Assembly ) to fall upon the choise of a New Senat before they destroyed the Old. There was not a man that any could name , but he was rejected by the multitude for some fault or other , or as base and unworthie : wherefore he prevailed with them to spare the Senators and to take a new triall of them . I apprehend it would be even so in many Cities , where the people are most dissatisfied with their present Magistrats are they could agree amongst themselves . Therefore seeing the best of men are but men , let none discover their fathers nakedness , but patiently and charitably bear with human infirmities , and all concur in their stations , to seek the Wellfare of the Publick . CHAP. XXIX . Some Overtures , humbly offered to the Nobles and Gentrie of the several Shires in Scotland . HAving written some Memorialls for the Burghs of this Nation , I crave favour , that I may with freedom make this address to You , in laying humbly before you suggestions , which being better pollished by your mature and sharper Understandings , may tend to the Universall Good of the whole Kingdom . In order to which . I wish you all consider , that its the fear of the LORD that teacheth Wisdom , without which no project nor purpose can attain a blessed success , or arrive at a happy end . It s onely they that acknowledge the LORD , that have the promise to be directed and guided in their paths . It were a great Mercy to this Land , if this were practically beleeved by all , especially by you who may greatly influence your inferiours , and it were but a sutable effect of that Gospel-Light which hath shined in most parts of this Nation since the reformation , and to stir you up the more effectually to this . Look back and consider the many Mercies the LORD GOD hath bestowed upon this Land since ever we were a People , that though we be far short of many other Nations in outward advantages ; yet it hath been our happiness to receive both Honour and Spirituall Blessings beyond the most in Europe , for both which I shall give some instances . As for Honour , it was the Glory of our Naion after long and many bloody conflicts with the Romans , to set bounds to the Roman Empire , that we had matter to say as GOD Himself said to the Sea , Job 38.11 . Hitherto shalt thou come , but no further : and here shall thy proud waves be stayed . Though it s our duty to say as Psal. 115.1 . Not unto us O LORD , Not unto us , but unto thy Name give Glory . For though this was the LORDS mercie , yet he made use of the valour and conduct of that renowned King Corbredus , surnamed Galdus , the twentyfirst King of Scotland , and the courage and valiant indefatigability of your noble Ancestors , so that the Roman-Armie consisting of above ten Legions , or sixty thousand men , when they first came under the Command of Julius Agricola , they were so beaten and worn out by the Scots and Pights , that they came to twenty thousand , who came to be so beleaguered within their trenches , and brought to that straite , that they sent their Ambassadors to our King who commanded in Chief , which because it may be looked upon as a greater Glory ( in the Vulgar esteem ) then any other Kingdom in Europe can boast of : I have thought fit to insert their address and speach here , as not unworthy of record which is as followeth . Upon this occasion , ( having granted them liberty and cessation of Armes ) there came four Grave and Venerable Men from the Roman-Camp , ( cloathed with Roman-Gowns , no less decent then gorgious , ) to these confederated Kings sitting in the Assembly of the Nobility of both Nations , when they approached to the presence of the Kings , did prostrat themselves upon the ground : who ( immediatly at the command of these Kings , being raised up ) one of them who was appointed as Spoksman , said . Most invincible PRINCES , the Roman-Army and their Commanders , though Conquerors ●f the World , implores Your Favour : whom they ●ave these many years prosecuted by Hostile-War , ●nd humbly begs your pardon and mercy . Neither ●ould there any thing fall out amongst such glorious Actions for your Honour and Renown , or more wor●hy of memory amongst your Posterity , then that the Roman-Ambassadors should have fallen down at our feet , to whom all Kings and People being sub●ued are forced to pay obedience . Ye have over●ome us we acknowledge , with you is the power of ●ur Life and Death , by reason of the anger of the Gods whom we have found to be highly offended for ●ac War which we have most unjustly engaged you ●●to . Use these at your own pleasure , so as 〈◊〉 may advance your Glory and Renown . All we ●eg is , that ye may overcome your wrath , who have ●vercome the Conquerors of the World. Or if ye ●ill rather choose to be subdued by your passion , kill ●very one of us to the last man , for we cannot deny ●●●t we have deserved it . But it is a small matter ●●at ye who inhabit the uttermost ends of the earth , ●ould conquer by your Valour all other Mortalls , by ●hich ye do transcend the highest pitch of Human ●ower : but it will be yet more when ye have over●●me many more powerfull , if yet ye shall preserve ●ive so many brave men . We have felt the force of your armes , we have felt the wrath of the Gods , we humbly implore we may feel your Mercy and Clemency , and because we acknowledge our selves beaten and rendered unto you , what ever conditions of Peace ye shall appoint us , we are willingly to accept . These things being said , they all weeping did throw themselves down at the feet of thes● Kings , and with many tears prayed they would spare their conquered and submissive Petitioners ▪ And intreated they might be satisfied , that th● Gods had so aboundantly avenged themselve● upon them for this unjust War , and the impious wrongs they had done unto them . This is particularly related by our Scots Historian Hector Boyes , in the life of this King Corbr●dus Galdus , who asserts the most he had se● down concerning our conflicts and wars wit● the Romans , he had it not onely from th● Famous Brittish Historians , but from the Roma● Writters themselves ; particularly , from Co●nelius Tacitus , Lampridius , Herodianus , Paul● Diaconus , Elius Spartanus , Strabo , &c : as ma● be seen in Boyes his Epistle Dedicatory to K. Jam●● the fifth . Now I suppose , that neither France , Spain ▪ Germany , nor England , &c : can boast of suc● an Honour as the LORD GOD did he● by put upon this our Nation , according a● Honour is ordinarly esteemed by the most 〈◊〉 people of the world . Scaliger in his Epitaph upon Geo. Buchanan our ●ountrey-Man , and our Historian closes it up ●ith thir two lynes , Imperii fuerat Romani Scotia limes , Romani Scotia eloquii finis erit . Again , as to Spirituall Blessings , consider , ●cotland was amongst the first of the Nations ●ho embraced the Christian-Religion , which ●as at the time when Donald the first did reign 〈◊〉 Scotland , about the Year 187 after CHRIST'S ●irth . And also , were amongst the first that ●id forsake the Idolatrie and Superstition of the Roman-Antichrist , and all this by the speciall Mercy and Providence of GOD , who all a●●ngst hath given eminent evidences of his great ●egard and compassion unto Scotland , both be●ore Christianity was embraced , and when we ●ere Heathens : and also , when we were lying ●nder the darkness of Popish-delusions , as was ●imessed by our deliverances from the Tyrra●y of the Danes , obtained by signall Victories ●nder severall of our Kings , of some of which ●he Famous Predecessors of the Families of ●rroll and Marischall were eminently instru●entall at Luncartie and Barrie . And from the powerfull invasions of the ●orvegians under Acio , who was defeated by King Alexander the third : and from the mi●●culous deliverances , from the unjust and hor●●d devastations by the Edwards the first , second and third of England : by the incomparable Valour of William Wallace , and that never enough admired Prowess and Conduct of that Famous and most Renowned King , Robert Bruce . Wherefore it remaineth , that when the LORD GOD hath blessed you with times of Peace and Tranquillity , that ye should say with King David , Psal. 116.12 . What shall we render unto the LORD for all his benefits towards us , that we are not under the power and constant fear and slavery of cruell and enraged enemies , killing our Children and dear Relations , ravishing our Virgins , Wives and Daughters , spoiling our Goods , burning our Houses , depopulating our Towns and Cities , and in a word ruining , laying desolat our Countrey without Inhabitants . This hath been the Lot of many of your Ancestors in sundrie former Generations , and should not these considerations move and excite you to bethink yourselves , what shall we do for the Honour of the GOD of our Mercies , for the good of our Native-Countrey in these our dayes , and for the Advantage of our Children and Posterity in succeeding Generations . Though I doubt not , but there are many brave and eminent Spirits amongst the Nobility and Gentry of Scotland , that can judge wha● ●hings are most conducible to all these Hono●able Ends now mentioned ; yet under favour , ●nd with your liberty , I shall presume to men●●on a few things unto you . It is reported by Plutarch in the life of Theseus ●●at such was the barbaritie of Ancient Times , ●●at men placed their vertue and valour in kill●●g , slaughtering and destroying of men , and 〈◊〉 best in oppressing of others and making of ●●●ves , yea , it is to be regrated , that in our ●●me , they are by many reckoned the sharpest ●●d prettiest men , that can over-reach and go ●●yond or oppress their peaceable Neighbours . Whereas the Doctrine of Christianity teach●●h its professors more myld and righteous ●●ings , not to render evil for evil : Thes. 5.15 . ●ath . 5.44 . much less to do any evil with●●t a cause . The Primitive Christians were 〈◊〉 a far other Spirit , as is testified by Origen , ●●stin Martyr , Tertulian in their Apologies , par●●●ularly by that famous letter which Marcus ●●relius Antoninus Emperour wrote to the Senat ●●d People of Rome , wherein he showes , that 〈◊〉 his great distress he had called the Christians 〈◊〉 his assistance , who came without Weapons , ●●munition , Armour or Trumpet ; as men ab●●ing such preparation or furnitur , but onely ●●●●sfied in the trust of their GOD , whom they ●●●ry about with them in their Consciences . This 〈◊〉 far contrary to the old Barbaritie , which alace hath revived to the full , under the defection and apostacy from the purity and simplicity of Christianity , as is evident by the fr●quent and bloody wars amongst both Papists an● Protestants . But now it is that the LORD GOD i● calling for these illustrious and splendid Ve●tues , which are most sutable and congru●● to the Spirit and Light of the Gospell , whic● if they were more in esteem and practice , y●● should have little use for that Valour and Ve●tue which Heathens and Infidels do so muc● cry up and admire . If ye were laying you● selves out to Honour GOD , by seeking aft●● truth , and doing righteousness , the LORD GOD would doubtless employ his Power an● Providence to preserve you in peace and pro●perity . Exod. 34.23 , 24. And in order to this , it were requisit in th● first place , that the Sheriff head Courts in eve●● Shyre ( which meet twice or thrice every year were improven to better purpose , then me●●ly to cite the names and to make the absen● lyable to fynes , and these present to give mone● upon Instruments , both which might be do●● to good purpose , if the Courts when co●veened did improve their Meetings to bett●● Ends As First , Every Court would notice the di●cords within their respective Shyres and P●●vinces , for what ever cause the difference were , ●hich was a speciall effair that some of the best ●f our KINGS did ever much concern them●elves in , to agree all discords amongst Sub●●cts that were at variance . See Buchanan , in ●●e beginning of the Reign of K. Gregorius , ●ag . 177. And to forbear mentioning more , K. James the sixth took much pains in this to ●ood purpose , see Spotswood , Pag. 364. See ●sal . 133.1 . throughout , Behold , how good , ●●d how pleasant it is , for brethren to dwell to●●ther in unitie , &c. So these Courts might appoint fit persons , ●●ch as are preferable for Prudence and Skill 〈◊〉 the Effair , or are of most probable Qua●●y as near in relation , or in great favour and ●●spect with the Parties , so the difference may 〈◊〉 taken away , Friendship and Union made 〈◊〉 , unnecessary charge and expense prevented 〈◊〉 being heard at Law , that so there might 〈◊〉 no distance , heart burning , rancour or ●ath in any of the respective Shyres : but love ●●d mutuall friendship , which is one of the ●●iefest ends and designs of the Law of GOD ●●d Men. This would transcend the Laws of Justice ●●d Righteousness , for where true Love and ●eaceable and friendly disposition were in the ●●minion , Parties would rather condescend to 〈◊〉 losers of their due right , then brake the ●●s of friendship and love . It is reported by some of the Historians of our Nation , to the great commendation of the Old-Barrons of the Mearns that there never fell out any debate amongst them , but their Neighbours did so concern with it , that they took no respit till the matter was put to a friendly close . If this were the custom and way of the whole Nation , what a mercy it would be to our Countrey and whole Kingdom ? what great advantage it would be to the Publick and to Particular Families ? it is easie for every one to judge . Concordia res parvae crescunt , discordia maximae dilabuntur . This was an old saying in Salustius , and holds true in all Ages and in all respects . Next , it were fit that in these Head-Courts consideration were carefully and cordially had of such Acts of Parliament , whether old or late , that did most concern the good of the Countrey , and in order thereto , that some of the most fit persons , and of most publick spirits and activity in every corner and precinct of the respective Shyres , were appointed to see these put in Execution , and to report at the next Head-Court their diligence . First , If this were , our Hye-wayes for Travellers would be neatly repared . Secondly , Bridges , where most danger is would be builded carefully up , though upon the account of the publick charge in each respective Province . Thirdly , Sturdy-Beggars , Theeves , Robbers , ●dle-Persons notably supprest . Fourthly , Our Countrey in Planting , Parking , Hedging and Dycking beautifully trimmed . Fifthly , All pollicie , as Dove-houses , War●ands , or Cunningers , commendably advanced . Sixthly , The Poor in every Parish conscien●●ously provyded . Seventhly , The Young-ones put to Schooles and Trades timely and in fit season , and all vertue , ●iety and good order should eminently flowrish . Eightly , Scandalous and provocking Sins , ●s Drunkenness , Whooring , Swearing and Oaths , ●nd idle gaming at Cardes and Dyce &c , punc●●ally punished . Whereby the LORD GOD of all our ●ercies would graciously be pleased to multi●●y his Blessings of Peace , Plenty and Prospe●●ty upon us , according to Isa. 62.4 . Thou ●●alt no more be termed forsaken , neither shall thy ●●nd any more be termed desolate ; but thou shalt be ●●lled Hephzibah , and thy land Benlah , for the ●ORD delyteth in thee , and thy land shall be ●arried . It is well worth the noticeing , what Bodin 〈◊〉 his third book of his Republick , Chap. 7. Pag. ●2 . writs of the Province of Languedock in France at the Nobility and Gentry of that Countrey , in their conventions , had ordered 1200 Livers , or an hundred pound sterling yearly , for training up the Youth of that whole Countrey in the City of Nimes : besides what was done by other Societies , and that they builded brave Fortresses , or Forts , in the Kingdom . That they caused execute Buzac who was the most noble and notable Volens or Robber in that Age , whom neither Judge nor Magistrat , no nor the Parliament of Tholouse it self could get any order taken with . Also they appointed other great sums , for other brave uses and ends of publick concernment . And so goeth on to shew the great profit which accrues to a Nation or Countrey by such conventions and societies : and showes that these were better governed in the Cantons of the Switzers then in any other part of the World ; for every Canton , yea every rank of men , as Merchants and Trades had their common and general Meetings there , for the good of the Publick . Also , that the ten Circuits of the Empire of Germany have their distinct Meetings a part , all which are in such order and correspondence one with another , that the Empyre ( sayes he ) would have long agoe been brought to ruine , had not this Policy and Government prevented it . It were much to be wished that there were appointed dyers of Meeting from that Love and Friendship which ought to be amongst Neighbours and Relations , in the bounds of every Presbitry or Parish , and it were expedient , that some Justice of Peace might be present , where conveniently they may be had , to confer what might tend to the good of the bounds within their precincts , and accordingly ●o put such things in practice , and to prepare Overtures at every such meeting for the good of ●he whole . This questionless would greatly ●end to the good of the Land , and would ●ypen matters not onely for more publick conventions ; but also for a Parliament , when ●uch occasion offered , or for any other meet●ngs which the Kings Councill appoints , as they ●id lately for repairing Hye-Wayes and Bridges . Every Parish might have their Heritors , with ●uch others of the discreetest of their Yeomanrie , ●o meet once or twise every Moneth in a con●enient House , unless it be in Winter ; which ●ere a mean to preserve freedom and friendship ●n the Parish : where they might confer at large ●nent the general Concernments thereof as the ●roportioning of the Cess or other Subsidies , ●nd laying down a way for a publick Purse , ●r defraying publick Charges of the Parish , ●roviding for the Poor , mending Hye-Wayes , Bridges and Calsies within their bounds , and ●●king course with idle persons . Numa Pompilius ; King and Law-giver to the ●omans ; Solon and Lycurgus these Graecian-Law●●vers , were much for such Meetings and Fraternities , and all such means as might tend to beget and confirm Friendship and Love , and advance the common interest ; see Plutarch on Solon and Lycurgus lives . These are but a few hints of such Vertuous Employments and Improvments as our Great Men might lay themselves out in , which is humbly conceived might tend much to the Honour of GOD , Good of the Countrey , and profit of Posterity , if effectually prosecuted . But because many great Wits are ready to reject every motion which flowes not from themselves , or from some of a higher station then they are , and for●this end raise objections against such things . I shall answere this with one singular observation of the forementioned French Author , Bodinus in his fourth book Pag. 593. There are ( sayes he ) two remarkable faults , which oftentimes men of sharpest spirits fall into concerning the Government of Societies , &c. One is , that they look narrowly to the inconvenients of a Law , or of a good motion , without considering the good that may flow from it . The other is , they run from one extream to another . So I shall wish the Benefits which may flow from this , may be laid in the ballance against any inconvenients which men can imagin can follow upon this . Next , I wish such may not run from the diligent and carefull observation of such good Overtures and profitable Motions , to a supine and totall neglect of all that may tend to the Glory of GOD , good of the Countrey , and of their Posterity : but rather ( as I hinted in the beginning ) may improve their accutest Parts , and more noble Enduements , to fall upon a way of prosecuting these Honorable Ends ●o the compleatest period . In which caice , I have attained all I ever aimed at , being a true Zelot of the Publick Good , and in soberness ●hall close with one that was a good Countrey-man in his time , who said , Vive , vale si quid novisti rectius istis , Candidus imperti , si non his utere mecum . Englished thus . Live and farewell if better things thou knows , Impairt them freely , if not make use of those . PHILOPOLITEIUS . A Succinct SURVEY Of the famous CITY OF ABERDEEN , With its Situation , Description , Antiquity , Fidelity and Loyalty to their SOVERAIGNES . AS ALSO , The gracious Rewards conferred thereon , and the signall Evidences of Honour put upon many chief MAGISTRATS thereof . With a Catalogue of THEM since the CITY was burn'd for LOYALTY , about the Year 1330. TOGETHER WITH The Epigrams of ARTHUR JOHNSTOUN Doctor of Medicin upon the said CITY , and severall other of the Principall ROYALL-BURGHS in this Ancient Kingdom of SCOTLAND : Translated into English by I B. By a Zealous Lover of BON-ACCORD 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Aberdeen , Printed by Iohn Forbes 1685. BON ACCORD Insignia Vrbis abredonie Psal. 87 4. I will make mention of Rahab , and Babylon , to them that know me ; behold Philistia , and Tyre , with Ethiopia : this man was born there . vers 6. The LORD shall count when he writeth up the people , that this man was born there . Prov. 17.6 . The glory of children are their fathers . Philip. 4.8 . Finally , brethren , whatsoever things are true , whatsoever things are honest , whatsoever things are just , whatsoever things are pure , whatsoever things are lovely , whatsoever things are of good report : if there be any vertue , and if there be any praise , think on these things . Unto the Right Honorable , SIR GEORGE SKENE of Fintray , Lord Provest . ALEXR. ALEXANDER , Bailie . WALTER ROBERTSON Bailie . ALEXANDER GORDON , Bailie . ANDREW MITCHELL , Bailie . PATRICK GELLIE Dean of Gild , JOHN GORDON Thesaurer , And to the rest of the Honorable Councill of the City of ABERDEEN . RIGHT HONORABLE , It hath been the ●avourable Advantage and signall Providence that hath attended Aberdeen for many Ages , that it hath had a honorable Character among the Burghs of Scotland , ( which I wish may never declyne ) the sense whereof made me recollect what I knew or had read concerning it , at least since the fatall Overthrow thereof in the dayes of King David Bruce about the year 1330 , by the totall burning of it , and the universall slaughter of those that did not escape . And finding that Sir Robert Sibbald , Dr. of Phisick the Kings Geographer , by a warrant from Authority ; had emitted an Advertisement for a true information of the several Shyres , Burghs , Universities &c , of this Kingdom . I looked on it as a fit Opportunity to communicat what I knew unto ●ou , that ye might dispose thereof ●s ye should see meet . I have there●ore set down a Survey of Aberdeen at some length , that all may see ●nd perceive what a City it is , and ●ath been ; not onely for conside●able Buildings , but also as to the ●enown of its Inhabitants . If there ●e ought judged worthy of Praise ●r Remark , ye may look upon that ●s an incitement for imitation , and ● quickning motive for your Pos●erity to endeavour a studious Pro●ress in the commendable wayes of Vertue ; for here may be seen the ●minent Evidences of that Loyaltie which was conspicuous in your Ancestors : Also , the Princely Rewards and Royall Marks our ●overaignes did bestow upon your City and Magistrats . Here also may be seen the assiduous care and diligence our Magistrats have at all occasions evidenced for advanceing Vertue , and what might tend to the Honour and Reputation of the City . If Rome had matter to glory of her Heroes in severall Generations , Aberdeen hath not wanted occasion to speak well of many of her Rulers in diverse Ages ? I love not to be guilty of giving the least appearance of evil , or what may savour of flatterie or ostentation . One thing I aim at , is , that ye may out-vye all that have gone before you in Vertue , Wisdom , Fidelity , and care of the Wellfare of your Common-Wealth . And in a word , that I may say as the Wise-man said of the Vertuous Woman , That your own works may praise you in the gates , which is the earnest desire , of Right Honorable A cordiall Well-wisher to the prosperity , true Honour and Wellfare of ABERDEEN , and all its Rulers . PHILOPOLITEIUS . Epistle to the Reader . COURTEOUS READER , IT may be lookt upon by some , that this Survey of Aberdeen may savour of Ostentation , seeing there are few , or perhaps no other Town in the Kingdom that is descryved , or hath any of their Acts published : To which I may say , that such vanity in so doing far from my mind , seeing there is nothing more ordinarie amongst all Nations , then to set down what hath been the most remarkable Providences of GOD to their Countries and Places of their Nativity ; whereby Posterity may observe the Mercies of the LORD to their Ancestors ; the neglect or ommission of such thankfull remembrances is threatened Psal. 28.5 . Because they regard not the Works of the LORD , nor the operations of his hands , he shall destroy them and not build them up . Amongst the many sins for which the LORD is pleading a controversie with this Nation , this may have its own weight , that we are not thankfull , that the LORD did furnish us with well Qualified and Able Men to bear rule in Cities and Shyres , which when they are removed without successors sutable to fill their roomes , is no small stroak on a Nation , according to Isa. 3.1 2 , 3. For behold , the LORD , the LORD of Hosts will take away from Jerusalem , the Mighty Men , and the Man of War , the Judge and the Prophet , the Prudent and the Ancient , the Captain of ●iftie and the Honorable Man , the Counsellor and the cunning Artificer , and the Eloquent Orator . Wherefore , I hope none will misconstruct me ●or making a respectful remembrance of these whom the LORD honoured and doth at this time honour ● be worthy Magistrats of our Town in their day and generation , for it is said Prov. 17.6 . The Glory of Children are their Fathers . Another Reason is , that it may be , these who are in Authority in the Nation over us , nay be induced to have a respect to some Great Persons , who in their place deserve to be honored with all that respect which is due , yet not to the ●rejudice of the interest of Burghs : To obviat which judge it not amiss to shew forth what good sub●●cts , and of what due esteem a Burgh or City ●ight to be had in ; that in times of greatest need ●ave been so usefull in their Soveraignes-Service , ●● particularly Aberdeen hath been many times , ●● History and Records can witness . It were to be wished , that all the most considerable Burghs in this Kingdom , would set apart some of their ablest Men to collect out of their ancient Records , what hath been most remarkable in their Towns in former Ages , or at present ; that the Nation might be convinced of their usefulness , and of that respect and honour that ought to be put upon them , so as it might be seen , they ought not to be born down or discouraged when any weighty Concernment of theirs comes in question . Upon these accompts I have made this short Essay , hoping at least it may be a motive , to induce and stir up a more accurat Pen to be employed in this or the like ; not onely in reference to our City , but also , to the rest of the Cities and Towns of the Nation , who without vanity , shall subscryve my self at present according to truth PHILOPOLITEIUS . A succinct SURVEY Of the Famous CITY OF ABERDEEN . CHAP. I. Concerning the Situation of ABERDEEN , Its Longitude and Latitude . ABERDEEN is a City in the North of Scotland , near the mouth of the River of Dee , within the Province of MARR , which is a part of the Shyre thereof . It lyeth within the North Temperat Zone , though much inclyning to the colder side thereof , being much nigher to the Pole then to the Equinoctiall-Line ; for its Latitude or distance from the Equinoctiall-Line , is 57 degrees and 10 minuts , and its distance from the Pole is onely 32 degrees and 50 minuts . It s Longitude , or distance from the Meridian of the Canarie Islands , is 22 degrees and 30 minuts . It is a Parallell , or equall Latitude and climate with the Merchant-Isles in Nova-Britannia in America , the Southmost cape in Norway , called the Noas of Norway , Stockholme in Swedland , Lavonia , and the middle parts of Russia , and territories of Muscovia in Europe , the Cosacks , and other middle Countries in Tartary , in Asia . In which Parallell , the longest day is of length in Sun-shine 17 hours , and 40 minuts ; being within the tenth Climate , reckning the first Climate to begin where the longest day is 13 hours long , and every Climat to be that space in Latitude , wherein the longest day is half an hour longer , and consequently the length of the shortest day at Aberdeen is 6 hours , and 20 minuts , viz. as much as the longest day wants of 24 hours . From the first day of the moneth May to the twentytwo day of July , it is constant day light , the Sky all that time never fully setting even at midnight , for the twi-light never goeth fully down till the Sun be 16 degrees under the Horizon : whereas all that time at Aberdeen , he is not so low at midnight , the Suns depression below the Horizon in the longest day , being onely 9 degrees 20 minuts at midnight , and his Meridian-hight in the shortest day just as much . His Meridian-Altitude in the Equinoctial-Line , is here 32 degrees , 50 minuts , and the greatest hight the Sun ever comes to at Aberdeen in the longest day at 12 hours , is onely 56 degrees and 20 minuts , near a degree less then the hight of the Pole on the North-side . 560 Myles be-North Aberdeen , the Frozen-Zone begins , where , on the longest day the Sun doth not set at all , nor ryseth in the shortest : The Fixt-Stars within 57 degrees 10 minuts of the North-Pole do here never set , and these within as much of the South do here never rise nor appear . It lyeth almost directly under the middlemost Star of the great Boar's tail , and under the Constellation of Cassiopeia . A degree of Latitude is , as over all the Earth , sixty Scots Miles from South to North , and a degree of Longitude in this Parallell , is onely 32 Miles , answering to a degree of Latitude , by ●eason the Circles of Longitude grow allwayes ●esser the nearer to the Pole. It flowes at Aberdeen South and by West , and North and by East , and consequently is Full-Sea at the Change and Full-Moon at 12 hours and 45 minuts . The Sun at his greatest hight wants 33 degrees 40 minuts from being Verticall at Aberdeen . This much for the Longitude and Latitude and the Appendixes thereof . CHAP. II. Concerning the Description of ABERDEEN . ABERDEEN is pleasantly seated upon three Hills , which are all joyned together by easie descents , so as in the middle of the Streets they are scarcely discernable . It is of Circuit about 2141 double spaces , through which six Gates enter , being built as it presently stands , it is difficult to be fortified , in the ordinary and regular way of fortifications , though it hath been diverse times attempted in this our Age since the late Troubles began . In the beginning of the late Troubles , it was able to set forth Eight hundred men in good array and Military Furniture to the Fields , well trained for service when called thereto . It being seated between the Rivers of Dee and Don , is said by George Buchannan , our Scots-Historiographer , to be piscatu Salmonum nobilis , that is , Excellent , or Famous for Salmond-Fishing . As for the Accommodations and Ornaments of our City , we have an indifferent good entrie to our Harbour for Ships , especially since that great Ston called Craig Metellan was raised up out of the mouth of the River of Dee , and transported out of the Current thereof , so that now , Ships can incurr no damnage , which was done by the renowned Art and Industrie of that Ingenious and Vertuous Citizen , David Anderson : As also , by that considerable Bulwark , the Magistrats of late years caused erect , at the Mouth of the South-side of the River ; extending up the Shoar such a great length , so that very great Ships may enter and be safely preserved when they are in , without hazard . It will not be impropper here to insert this following Information , for the benefit of Seamen or Strangers , who may have occasion to come by Sea to Aberdeen , which skillfull Mariners have observed and been at pains to sett about at the Magistrats desire , which is as followeth . A Ship coming from the South , bound for the Road and Harbour of Aberdeen , a mile to the Southward of the Road , ye will see a Bay with a Countrey Church standing in the middle thereof , called the Kirk of Nigg ; to the North-ward lyeth the Girdle-ness ( or Aberdeen-ness , ) which when ye come by , come no nearer the same then a long Cable length , and so soon as ye come by it , ye will see two sharp spire Steeples , which Steeples ye must run to the North-ward untill ye open the West-most Steeple a sailesbreadth to the North-ward of the East-most , there ye may Anchor on nine or ten fathom water , where ye may ride with Southerly , Northerly , or Westerly Winds . As for the Harbour , in the entrie thereof is a Barr , whereon at low water there is scarce on it two foot water : on the South-side of the Barr there stands a Beackon , which in the incoming ye must leave on your Larboard-side a Ships breadth free thereof , where commonly the best of the Channell doth run . From the Beackon to the East-ward even to the Girdleness is all Rocks . At Spring-tydes there will be thereon about 15 foot water ; at Neep-tydes there will be no more then about nine or ten foot . But I shall not advise a Stranger to seek that Harbour without a Pilot ; because it is a Pilots fair way : and as soon as ye come to the Road , ye can allwayes have a Boat for putting out a Vaiffe at all occasions , for Piloting you into the Harbour . The nearest rake of the said Harbour is North-East and South-West , and when ye are within the said Harbour ye lye land locked for all winds , but at low water , your Ships lye dry on very good ground . If ye be bound for the Harbour coming from the North-ward ye may borrow into the Land or upon the Shoar four or five fathom , and with Westerly-Winds into three fathom . The flowings of the said Harbour within , are South and be West ; and in the road South-South-West . ABERDEEN hath ever had since the time of Poperie a great and fair Fabrick , containing two great and spacious Churches for Publick Worship ; the Greatest towards the West is called the Old-Church , the lesser towards the East is called the New-Church , with a stately Spire or Steeple , the Churches and Steeple are covered beautifully with Lead , and within plenished neatly with good Dasks and Galries of excellent Workmanship of Wainscot , and great and large Lights and Windowes . In the Steeple are three great and harmonious Bells , in sound each descending below another , but by one Musicall Note as upon a Bimull-Clieff , and these three Bells strick 24 stroaks at every half hour in a sweet and pleasant Concord , the great Clock having four fair Horologes with conspicuous Figures clearly guilded , one to every Airth , viz. South , North , East and West , for use to every part of the City and Suburbs . These Bells being rung for conveening to Publick Worship , on the Sabbath Dayes there is but one Bell rung first , at the second two Bells , and at the third three Bells , which make a grave and melodious Melodie . Also there is another Fabrick in the midst of the City , of a large length called the Gray-Friars-Church , with a little Spire or Steeple , and a Bell , which is alwayes rung for conveening to all publick Lessons in the Colledge , and a publick Clock . Also , another Fabrick called the Trinity-Church , with a little Steeple lately repaired by the Trades . There is a Chappell at the Castle-hill called St. Ninians , it had wont to be employed for the Comissar Court , and the rest of it for the common Use of the Cities-Effairs , but now the Bishop hath taken back that Court to the Old-Town , as being his Priviledge . There is a smaller Fabrick builded by the Citizens for the Inhabitants of the Village of Futtie , appointed for Catechiseing that People which since hath had a Minister to preach , though not as a distinct Parish . All the Citizens and that People being under one Session or Consistoriall for Discipline . There is a great Towns-house in the Mercat-place called the TOLL-BOOTH , which hath a fair and spacious Rowm for the Courts of Judicature to sit in , such as the Head-Courts of the Shyre and City , with the Sheriff and Bailie Courts : above which there is a MAGAZINE or Store-house ) for Warlike Ammunition , &c. It hath also another large stately Rowm , where the Magistrats and Town-Councill conveen , under which is the low Councill-house , where the Dean of Gild and his Assessors meet , for effairs peculiar to the Brethren of Gild : as also , the Commissioners of the Shyre , for Cess or such like common concernments : together with an other Rowm called the Clerks-Chamber , which hath accommodations for Clerks and Writters . Upon the East end thereof there is an high-Tower with two Battlements , upon which there ●s erected a high and stately Spire , or Steeple , ●overed with lead , under which is a great Clock and Bell , and under the samen are severall Rowms for Prisoners both high and low . There is also a large and high House , called ●he Pack-house and Weigh-house , wherein are a ●reat many Rowms for Merchant-Wares of all ●orts near to the Shoar , the Shoar being ( as ● said ) of late years greatly enlarged , so that it ● a pleasant considerable walk from the City to go to the furthest end thereof , which leads to the Fields , and towards the Harbour-mouth . The Mercat-place is larger then in any Town of the Kingdom , being an hundreth twenty and four double space in length , and about a third part thereof in breadth where it is narrowest , so that two Regiments of foot Souldiers may be drawn up in rank and fyle , tho in open order . There is one of the stateliest Bridges in the Kingdom , over the River of Dee , of seven Arches of a like and equall largeness , within two short myles of the City : And there is another be-North the City , of an high and great Arch over the River Don , both which are mantained by the City , upon propper Rents mortified for the same use . In the middle of the City there is a Philosophie-Colledge the houses whereof were purchased by the City , in consideration , that George Earle Marischall , Grandfather to this present Earle , out of his zeal to the Publick Good , and his respect to the City of ABERDEEN , did mortifie publick Rents for the Principall and four Regents of the said Colledge , whence it is called the Marischall Colledge , and makes up an half of the Carolin-University for it hath a Principall and four Regents o● Teaching-Masters , and now hath a publick Professor of School-Divinity , who teacheth a publick Lesson two dayes every Week during the sitting of the Colledge : Also a Professor of Mathematicks , who upon other two dayes every week teacheth two Lessons . There are also Lessons of Arithmetick and Geometrie taught by ●ther Masters thereunto appointed , by that Renowned Famous and Learned Physician DR . DUNCAN LIDDELL who mortified a con●●derable Rent to the Professor of Mathematicks , and six Mathematicall and Philosophicall Bursers or six years . There are many summs of mo●ey mortified to the said Colledge since the e●ection thereof , ( whereto the Town-Councill of Aberdeen are mostly Patrons ) so that it appears , ●here hath been more Charity extended within ●hir hundred and twenty years , since the Re●ormation of Religion from Popish Idolatry and Superstition , then hath been in all the Ages be●re , which our Towns Counts of Mortified Mo●ies , for Schools , Colledge , Hospitalls , Gild-Box Common Poor &c. can evidence . This Colledge hath a copious Library , which was at first plenished by the City of Aberdeen , who ●ook all their books they had laid up in the ●pper rowm above their Session-house , and trans●itted them to their own Library in the Col●dge , for the uses of all concerned : and Dr. Reid Secretary in the Latine-Tongue to King Charles the first , left a Sallary to the keeper ●f the said Library . which Library hath been ●ugmented in its books by severall Mortifiers , ● by the said Dr. Reid , the forementioned Dr. Liddell , who mortified about 2000 Merks worth of Books , and 20 Merks yearly to buy Mathematicall Books and Instruments , and Dr. William Johnstoun Phisician and Professor of the Mathematicks here : and by Dr. Patrick Dun a learned Physician , and Principall of this Colledge . Also there is a Grammar-School , which hath a chief Master , and three teaching Masters under him , to whom the said Dr. Dun mortified 1200 Merks of yearly Rent , by which the City is disburdened of what they payed yearly to the former Masters thereof . We have a School for Musick , which was taught of old by very eminent Musicians in this City . There wants no opportunities in this City for Youth both Male and Female to learn any manner of good , and commendable skill or knowledge in such things as may best qualifie them . There are four Hospitalls in this City , one for decayed Brethren of Gild. A second for indigent Widowes and Virgins of Brethren of Gild , lately purchased by a sum of money , mortified by Dame Marion Dowglas daughter to the somet●me Earle of Buchan , and late Lady-Drum , for the Honour the Magistrats and Citizens conferred on her deceased Husband at his buriall in Aberdeen 1632. The rents whereof were augmented by a considerable summ , mortified to this Hospitall by James Milne Elder , Merchant , who also mortified 100 Pounds yearly to two Philosophicall Bursers in this Colledge , with 500 Merks to this Kirk-session . A third Hospitall for Trades-men , founded and built by the deceast Dr. William Guild , sometime Preacher in Aberdeen , and lately Principall of the KINGS - Colledge in the Old-Town . This Hospitall hath a spacious comely Rowm , where the Deacon or Conveener-Courts meet . A fourth Hospitall for Litsters , the Rent whereof was mortified by Archbald Beans , Litster , by which they have builded a goodly House , with a stately entry . The use of this Rent is for the benefit of decayed Litsters , their Wives Children and Servants , severall of whose Daughters have been provyded with sutable portions out of the said Rent , and thereby honestly married . There are eight Mills belonging to the City , and lands thereunto pertaining , whereof a new Wind-Mill is builded of stone and lyme at the South-entrie of the City , which may be of excellent use if carefully keeped . There are two Water-Mills within the suburbs of the City , and five near by in the adjacent territories belonging to the City . We have a choise Medicinall Spring , called the Well of Spa , at the Wool-man-hill , built with hewen-ston , very specifick for Gout , Gravell , Collick and Hydropsie , as the late Famous Dr. William Barclay , Physician , did learnedly describe 1615 , which is now re-printed when the Well was re-built 1670 , the copies whereof the Dean of Gild hath in his custody , to which every person concerned to know its Vertues , and how to use the same , is referred . CHAP. III. Concerning the Antiquity of ABERDEEN . AS for the Antiquity of the City of ABERDEEN , it is certain that Ptolomie , the most Ancient Geographer , who lived about 1500 years since , in the dayes of Antonius Pius the Emperor , in his Geographicall-Tables , making a description of the Isles of Brittain , to wit , Albion and Ireland , with the little adjacent Isles he calls this City Devana , and the River adjacent thereto Diva : whom Camdenus the English Historiographer , in his Britannia cites , for proving the Antiquity of Aberdeen , whose words are these . Devana Urbs per-antiqua a Ptolemeo , nunc vero Aberdonia , id est , Devae ostium Britannica dictione ab ipsis Scotis appellatur So that for Antiquity this CITY may be reckned amongst the most ancient of this ISLE . This City was Erected into a Burgh-Royall by Gregorius , who for his Justice , Temperance and Fortitude , was surnamed the Great , and was the 73. King of Scotland ; whose Honorable Acts , both in Scotland , England and Ireland are at length set down in Hector Boyes History , and in Buchannans in the year after the birth of CHRIST 893 years . So that since Bon-accord was erected in a Burgh-Royall it is seven hundreth fourscore twelve years , this year being the year 1685. After the decease of the said King Gregory , the Erection and Infeftments given by him to this City ( by the iniquity of the times , and many incursions ) were lost : for Edward the first King of England , called Langshanks , made it his work to burn and destroy all the old Evidents and Monuments within this Kingdom where ever he came , or his Power could reach . Moreover in the time of King David Bruce , the City being surprysed with an Army of Englishes , sent by Edward the third of England : most of the Inhabitants , Men , Wives and Children were all put to the sword and killed ; the City burnt for six dayes together , as Spotswood and Boyes Histories declare , all our Registers and Old Evidents were destroyed about the year 1330 , because the Citizens a little before had killed the Souldiers that keeped Garison in the Castle ; who had sorely opprest them , and taken it and rased it to the ground . It being then re-built upon the Hills where it is now seated ( having formerly , been cituated from the Green , and Eastward under the Hills except the Castle-gate , ) hence it is called the New-Town of Aberdeen , and not with relation to that Burgh of Barronie , which is now the Bishops seat , since is was translated from Mortlick , in the time of King David , anno 1137 , according to Spotswood pag. 101. when Nectanus was Bishop , the foundation of which Bishoprick was by King Malcome the second Anno 1010 at Mortlick . In King James the fourth his time ; Bishop William Elphinston builded the KINGS - Colledge in the Old Town ; that Town being seated near the River of Don , about a 1000 space from Aberdeen , is commonly called the Old Town of Aberdeen , not , as if it were of greater Antiquity then the Burgh-Royall of Aberdeen , for I was informed by a very intelligent Gentleman near that place that there were some old Evidents designing it the Old Town of SEATOUN after the Lands thereto adjoyning . But the Bishop of Aberdeen hath had his residence there , ever since his Seat was translated from Mortlick , where there was a Magnificent Structure of a Cathedrall builded thereafter , as also a stately Colledge ; custome and i●norance calls it the Old-Town of Aberdeen , it having been Erected in a Burgh of Barrony in favours of the Bishop of the Diocess of Aberdeen . It is reported that some call Aberdeen only Urbs , a Town , and the Old-Town where the Bishop's Seat is , Civitas , a City . But I take that distinction betwixt a Town and a City ; as it relates to a Bishop's-Seat to be the spurious product of a Popish-Institution ; because many Towns were called Cities before there was a Bishop in the world . A Town propperly re●ates to the Buildings and Houses ; a City denotes the Citizens and Free-men that are the Inhabitants : But for this let these that would ●ppropriat the name of a City to a Bishop-Seat , ●ead the Bishop of Cajetan de Institutione Reipub. ●●b . 1. Tit. 3. sub fine , and he will show what 〈◊〉 City is . CHAP. IV. Concerning the Government of the City of ABERDEEN . WE have matter to bless GOD for the equall and just constitution of Government , which is in our Ctiy and particular Common-Wealth , granted to us by our KINGS , and left unto us by our Worthy Ancestors , which is thus . Our Town-Councill is chosen yearly out of the whole Citizens and Burgesses of the City , the Roll of our whole Brethren of Gild being first read at every Election of the Council , which holds upon the Wednesday before Michaelmess-day , there being a large Catalogue drawn up of all the Brethren of Gild amongst us , every Person ( whom any of the Old-Councill desires to be lifted among these out of whom the New-Councill is to be chosen ) is presently set down in that new list , and when the list is compleated , by the reading over the whole Brethren of Gild of the Town , there is an indefinit number set down upon a large sheet of Paper , with lines drawen after every one of their names , and this is given to the present Provest , Bailies , and whole Old-Councill , that every one may make choise of thirteen Brethren of Gild to be named for the New-Councill for the year to come , and most Votes or Marks make up the number . Next , they of the Old-Councill choose out of their own number four , who are called the Old-four , which being added to the former thirteen , make up the number of seventeen Brethren of Gild. And lastly , having got the Roll of all the present Deacons of Trades , there are two of these Deacons chosen which make up the compleit number of ninteen for the Councill the year ensuing . The new chosen Counsellors being all sent for , and come in the afternoon , the whole Old and New-Council with the six Deacons of Trades , and the four Deacons of the Old and New Councill , which make up ten Deacons of Trades and thirty Brethren of Gild , making up in all , the number of 40 Votes , they altogether choose first the Provest : then four Bailies , a Dean of Gild , a Thesaurer , a Master of the Kirk-work and Bridge work , a Master of the Mortified Moneys a Master of the Gild Hospital , a Master of the Shoar , called Master of the Impost , and six single Counsellors who bear no Office , but sit and Vote in all Effairs that come before the Councill with the two new Deacons of Trades . If in this Election there fall to be one having equall Votes , the Provest in this caice hath the casting Vote . This way of Election was determined by the Convention of Burghs , and ratified and approved by King James the sixth , after the difference that ●ell out at the Common-Cause 1593. When any matter of more then ordinary importance comes to be consulted off , if the present Councill find it meet , they call the former years Councill , and joyne both in consultation and determination . And if it be a business of setting on of a Tax , or levying of Money , whither for Nationall or Particular Us● , or such like ; the consent of the whole City is called for in a Publick Head-Court conveened by Authority of the Magistrats , where the reasons of the said Tax or Imposition are holden forth by the Provest &c. unto them . So by this it is evident to the Judicious , that we have the best Ingredients and Advantages of all the severall sorts of Government : And to compleat our Power , our Provest and Bailies are made Sheriffs within their own City and Freedom-Lands , by K. CHARLES the first 1633 by which our Citizens are fred from the Power of any Sheriff that at times have sought to oppress them , yea to pannell them for life without a just cause , as in Allexander Rutherford Provest his time , when the Sheriff-Deput pannelled a Burger , called Patrick Corser for resetting stollen Brass which he had bought on a Ma●ket-day innocently and would not admit of surety for any summ of money whatsoever offered by the Provest ( the Sheriff having a pick against the man pannelled , ) which the Provest perceiving that no reason could prevaill , commanded Patrick Corser down staires upon any hazard that might follow , and so fred him . As also , the Magistrats a moneth or thereby before the yearly Election , cause the Drummer go through the Town , inviting all the Inhabitants Free-men , to come and hear the accounts of all the Office-bearers counted , fitted and subscrived by the Magistrats , and the rest of the Auditors of the counts chosen in the day of the Election for that end , so that any that pleases may see how uprightly all the Towns-Revenues and Moneys received , are bestowed . CHAP. V. Concerning the Fidelity and Loyall-Duty , which the Citizens of Aberdeen have alwayes payed to their SOVERAIGNES , together with the gracious Rewards conferred thereon , and the signall Evidences of Honour put upon many chief Magistrats thereof . THis City having been erected into a Burgh-Royall by King GREGORIE the Great and Priviledged with many Donations by Him as some Notes and Scrolls bear Record , gathered by the Recorders and Town-Clerks afterwards . The Principall Evidents being destroyed in the common Callamities of these sad times formerly hinted at . This City was had in speciall favour with many of the succeeding KINGS , as by King William , surnamed for his Valour and Fortitude , the Lyon. He built a Palace in Aberdeen where sometime he remained with his Court , which afterward he dedicated to a new order of Friars ( called the Trinity-Friars ) for setting up an Abbacie for them , two of that order , which Pope Innocent the third had newly Erected , being recommended by the Pope and sent from Rome . To this Abbacie he gave Gifts , and some Rents intending if he lived to give them greater , this Order was erected 1211. Which Abbacie was burnt when the City was destroyed , where now the Trades-Hospitall stands , being re-edified but of late years by Dr. William Guild . Likewise it is Recorded that the three Kings Alexanders had here in this City a pleasant Pallace , which afterwards was translated to the Friars-Predicators or Dominicans . Alexander the second did greatly adorn this City , and give it Liberties and Priviledges the like with Pearth 1214 : which was the first year of his Reign , immediatly after the death of his Father King William . Boyes holds forth in his History , pag. 283. ver . 65. That this KING came to Aberdeen with his Sister Isobell , ( after he returned from England , ) and honored it with many Priviledges , as King Gregory , King Malcome the second , and David brother to King William had done before . It is said , he called this CITY His own City , the Infef●ments of the said King Alexander the second under his Seal in green Wax is yet extant , as a Record of the Priviledges given by Him to this City , having ( by Providence ) escaped from the common Calamity . King Robert Bruce in these most troublesome times , wherein he began to Reign or recover his Kingdom out of the hands of Edward the first King of England , being beaten severall times , and finding all his attempts unsuccessfull retired to ABERDEEN , as a place of safety where he found that his Enemies and his former bad success might be overcome : for when he had no hope of his Effai●s but despaired of all Victory , intending to go out of the Kingdom , till better times might fall out , and get Forraign Forces for his assistance . Incontinently the Citizens of Aberdeen came and exhorted Him to better hopes , and more confidence , and gave Him assistance both in men and money , and followed him to the Town of Inverurie where they fought with the Enemie , and obtained his first Victory , whereof they were the speciall Instruments and Helps , the King being so sickly that he was carried in his Bed , as Boyes ●elates , fol. 312. whence there began to be a method setled to recover the Kingdom . By which service he was moved to bestow upon the City of ABERDEEN , the whole Lands of the Kings-Forrest , called the Stock●d-Wood , with the whole parts and pendicles of ●he same , with the Mills , Waters , Fishings , ●mall Customs , Tolls , Courts , Weights , Mea●ures , Free Port and Haven ; and all other Priviledges and Liberties whatsomever , pertaining or that might pertain justly to a Royall-Burgh within this Realm . Under the Reign of King David Bruce , John Randell Earle of Murray , being for the ●ime Governour of the Kingdom , amongst ●his chiefest Designes for recovering the Kingdom , he saw it was most expedient to pursue David Cumming Earle of Atholl , whom King Edward of England had appointed Governour for him , and having collected his Forces , came ●traight to Aberdeen , where ( notwithstanding ●he Tyrrany of the Enemies they were under , ) ●he was informed where David Cumming was , knowing their Loyaltie to King David Bruce ●heir Naturall KING , and so straight way pursued him . Some years after , the Englishes having con●inued their Rapine and Cruelty in Aberdeen , ●y keeping a strong Garison in the Castle , the Citizens taking Counsell how they might free themselves of that Yoke and Servitude , at last resolved to fall upon the Garison whom they cut off , and thereafter levelled the Castle with the ground . Whence it was , that in honour of that resolute Act , they got their Ensignes-Armoriall , which to this day they bear : witness that late Book of Heraldry , set forth by Sir George Mckenzie of Rose-haugh Knight , His Majesties Advocat , who hath blazoned the Arms of Aberdeen particularly , thus . The Arms or Ensigns Armoriall of the Burgh Royall of Aberdeen , beareth Gules , three Towres triple , towered in a double-Tressure counter flowred Argent , supported by two Leopards propper , the Motto in an Escroll above , BON-ACCORD , whence there are these Verses . Arx triplex , arcem testatur ab hoste receptam , Hostis utrinque doces , tu Leoparde genus . Lillia cum Clypeo , voti Rex pignora jussit Esse , color fusi signa cruoris habet . Haec hostes sensere , Bona at Concordia ( virtue Qua res usquè viget publica ) culta domi . In English thus . The threefold Towres , the Castle showes regain'd From Enemies , who it by force mantain'd . The Leopards , which on each hand ye view , The cruell temper of these foes do shew . The Shield and Lillies , by the Kings-Command As pledges of his great good-will do stand . The Collour , calls the Blood there shed to mind , Which these proud Foes unto their cost did find . And BON-ACCORD , by which doth safely come To Common-Wealths ) establisht was at home . I. B. And upon the reverse of the Seal of the said Burgh is insculped in a field Azure , a Temple Argent , St. Nicholas standing in the Porch Mytered and Vested propper , with his Dexter-hand lifted up to Heaven praying over three Children in a Boylling Caldron of the first , and holding in the Sinister a Crosier Ore : these were the Old-Arms of the Burgh-Royall of Aberdeen as His Majesties Advocat , in his book above-mentioned relates After the Castle was thus taken and ruined , the English being deeply affected therewith , as also with the loss of their men , did gather their Forces together to avenge this Injury against Aberdeen : The Citizens then following Joannes Fraser , who Commanded these Forces that adhered to the Interest of King David Bruce , did most stoutly fight the English in their own Church-Yard , and although with much Blood , and the loss of many of their men , yet at last obtained the Victory . Hence four years after , Edward the third having sent a great Navie to recover his loss in thir Northern-parts , his Forces fell upon Aberdeen after they had spoiled the Religious-Houses and the City , they coming by surprize and greatly incensed for the loss of their men , ( which they had sustained both in the Garison and in the forementioned Fight , ) did cut off Men , Women and Children , none being spared except such as had by flight saved themselves : they burnt the City six dayes together , as hath been touched above , and being thereafter re-built , is ever after called the NEW-TOWN of ABERDEEN . King David Bruce had ever after a great favour and respect for Aberdeen , and sometimes dwelt in it , and set up a Mint-House here , as some peeces of Money not long since extant with the inscription of Aberdeen did testifie , and the King did ratifie and approve of all the Donations of Lands , Waters , Fishings and all other Priviledges , which King Robert his Father , or any of his Predecessors had formerly given or granted to the said Burgh , because of their good Service , both to his Father and himself against the common Enemie . Also , all the King James's , 1 st . 2 d. 3 d. 4 th 5 th . and 6 th . did all ratifie and approve all these Priviledges and Donations of what ever any of their Predecessors had done before ; and some of them witnessed their favourable Respects to the Magistrats thereof upon severall occasions . As for instance , King JAMES the fourth , upon a complaint made against SIR JOHN RUTHERFORD of Tarlane after one of the Elections , when he had been chosen Provest ( having for many years enjoyed that Office , ) The King wrot to the Town Councill , desiring an exact account of the ground of the Complaint made against His Loved Familiar SIR JOHN RUTHERFORD , as the Kings Letter , dated November 5. 1487. recorded in the Towns Books doth bear . Again , King JAMES the fifth was often in Aberdeen , and did singularly shew Favour and Respects to the Familie of the MENZIESES , who for many years did wisely and happily Govern our City . Also , King JAMES the sixth , did not onely confirme in Parliament , all the Ancient Priviledges and Liberties given to this City by his Royall Predecessors , but likewise , when ●s by the Laws of this Nation the King might have exacted his Burrow-Mailes in Sterling-Money , which would have been nothing else but the utter undoing and extirpation of this Re-publick : He out of his Princely Clemency , and Favour which he did ever bear to this his Ancient-City , did of new again Re-erect and found the samen ; and did quite abolish and ab●ogat the payment of Sterling-Money , by dissolving the same from the Crown in Parliament , so far as concerns this City allennarlly : the like benefit being denyed to any other Burgh in the Kingdom : as also , disponning and giving of new the Burgh , Common-Lands , Fishings and all other Liberties thereof whatsomever , for payment of current money allennarly . And at the same time , honored our then present Provest , THOMAS MENZIES of Durne or Cults , with the Title of Knight-hood in his own Privy-Chamber , in the presence of the best sort of the Nobility of both the Kingdoms , whom he acknowledged ( before them then present , ) worthy of that honour , be reason of his Birth , besides the good service lately done by Him and the City of Aberdeen to the King , by the gentle entertainment of his Honorable Servants , who came at that time to visit Aberdeen by the Kings appointment 1617. This SIR THOMAS MENZIES of Cults having procured that Famous Pearl which was found in the Brook or Burne of Kellie , as it runs into the River of Ythan , which Pearle , for beauty and bigness , was the best that hath been at any time found in Scotland : our said Provest having found by the Judgement of the best Jewelers in Edinburgh , that it was most Precious and of a very high Value , went up to London and gifted it to the King , this was in the year 1620. Who in retribution gave him twelve or fourtteen Chalders of Victuall about Dumfermling , and the Custom of Merchant-Goods in Aberdeen during his life . But it pleased GOD he dyed at Wooller on the Border in England , in his return home . Nevertheless , this did signifie the speciall Favour the King did bear to our then Provest , though he did not live to enjoy the effects of the Kings Royall and Princely Respects . This Pearle was reported to be one of the Jewells of the Crown of England . Likewise , when the King called the Commissioners of both Kingdoms to treat anent the Union betwixt Scotland and England , ALEXANDER RUTHERFORD Provest of Aberdeen , being one of the four chosen for the State of the Burrowes , the King did put it upon Him to speak in behalf of the Burrowes , who did acquite himself so satisfyingly to the King , that pulling a rich Diamond Ring from his Finger , he gave it him as a token of his Royall-Respects . I have heard some relate , that when he had delivered his discourse in our Scots-dialect , which was not so intelligible at that time to the English Commissioners , he spoke to the same purpose in Latine , that the Bishops might understand : then gave a like account to the Nobility amongst the English Commissioners in the French-Language , which did affect the King with very much complacency , who carried a singular Respect to the Subjects of this his Native-Country and Ancient Kingdom , and made every thing acceptable that had - a tendency to the repute thereof . The Battell of Harlaw did witness the Zeal of Aberdeen against the Enemies of the King , and for the Peace of the Kingdom 1411. where the Provest and many of the best Citizens did assist to gain the Victory of that day with the loss of their lives . Also that fatall Battell of Pinkie , where there were lost and killed many brave Towns-Men of Aberdeen , that went thither ( though at so far a distance ) for the Honour of their Soveraign and of the Nation . King CHARLES the first in the year 1633 at his Coronation in this Kingdom , confirmed and ratified all our above written Priviledges and Liberties of new , given and granted by his Royall Father and Progenitors with this addition , making and constituting the Provest and Bailies , Sheriffs within their Burgh and Freedom-Lands , and the Priviledge of having an unground Malt-Market , and honored PAUL MENZIES of Kinmundie then present Provest with the Honour of Knight-hood . In the year 1649 , when the Parliament of Scotland , out of their dutifull Respects , and Loyaltie to their undoubted Soveraign , King CHARLES the second , had proclaimed Him King of Great Britain , France and Ireland , and immediatly did choose Commissioners of all the three Estates of this Kingdom , to invite their King to this his Ancient Kingdom , to receive the Crown which had now of right descended to him from 108 Kings . The Parliament made choise of ALEXANDER JAFFRAY of Kingswells Commissioner for Aberdeen , to be one of the two Burrowes to go over to Holland to the King , who was a Wise , Pious and Discreet Man all his time . And he ( to be faithfull to the City he had his Commission from ) intreated the Parliament to consider the most important Article in his Commission , that so he might undertake that weighty Employment with the greater Alacrity , which was to visit the counts of the extraordinary losses of Aberdeen relating to the Publick . The Parliament had that respect to him , and was so desirous to grant his so just demand , that forthwith they did Deput some fit Members , who after hearing and considering , made their report , and thereupon the Parliament by an Act did acknowledge themselves , ( as the Representative of the Nation ) to be justly resting to the City of Aberdeen the summ of nine hundreth threescore and nine thousand Merks , and did grant the Cess of the City to be allowed to them for as many Moneths as drew to eighteen thousand Merks ; because this great summ that was due to them had exhausted the summs of Money that was Mortified to Hospitals Schools , the Colledge , and the Common-Poor of that City ; and had ruined almost the Common Thesaurie thereof ; but this was all they could spare at that time , till an opportunity might fall out to make them more full payment , which hitherto hath ever failed , and hath been the cause of the severall heavy burdensom Taxations that have of late years been laid on , and of procuring that relief which hath been obtained thir five or six years bygone by the Magistrats , who withall have made themselves lyable to the grudge of such as are so selfiish , that before their particular suffer but a little , they could let the Publick come to utter ruine and perish without remedy and unavoidably : but of two evils the least is to be chosen . But to return , Our abovenamed Commissioner obtained also an Act of Parliament , that no Souldiers should be quartered in Aberdeen for three years thereafter , such was the great respect the Parliament had to him , whereupon he went to the King with the rest of the Commissioners of the three Estates . And after his return , being Commissioner to the Convention of Burrowes at Queensferrie , obtained half a merk down of Aberdeens proportion of the 100 Pound of Stent-Roll , which was a great advantage to the City . He being chosen that year Provest of Aberdeen , went with the rest of the Commissioners the next year 1650 to the Hague in Holland , where it pleased GOD so to prosper their endeavours , as to bring the King home with them . Aberdeen being the first City of the Kingdom he came to , there he was received with all the Demonstrations of joy and cheerfullness that the Magistrats and Inhabitants could evidence : as also , the Silver-Keyes of the City were delivered to him by the Provest ( who tame sometime before to prepare for the Kings , reception ) with an Eloquent and Pertinent Harrangue therewith made by Mr. James Sandilands , of Cotton , the Cities Recorder , or Clerk. In the end of February and beginning of March 1651 , the King came to Aberdeen , where he stayed a week at which time , Mr. Robert Farquhar of Munie was Provest , ( Alexander Jaffray who had been Provest the former year , having been taken Prisoner at Dumbar-fight which was on the third of September 1650. ) the King was pleased to honour our then present Provest with the Honor of Knighthood , together with Patrick Leslie of Eden who had been Provest some years before with the like Honor. As also , in the Year 1681 , GEORGE SKEN● of Fintray was Honoured with the Title of Knighthood at EDINBURGH , by JAMES Duke of Albany and York , then Commissioner to the Parliament of SCOTLAMD , for the late KING , CHARLES the Second , His ROYALL-BROTHER . CHAP. VI. Concerning the STATE of ABERDEEN . AS for the State of ABERDEEN , if it be taken for the Yearly Revenue of their Thesaurie , it is not so considerable as some lesser Towns in the Kingdom . It is mostly exhausted in paying Stipendiaries and other incidencies , especially since the time of Queen Mary , at which time our Freedom-Lands and Salmon-Fishings were all fewed out to particular men ; which though it brought in considerable summs at first , yet now the Fewes both of Lands and Waters are but very inconsiderable : all of them extending but to seven hundreth sixteen Pounds ten shillings Scots money . Yet that it may appear how considerable this City is in reference to the Kings Exchequer , if we consider the Customs and Excyse of Merchant-Goods , one with another ; as also , the Excyse of Ale , Beer and Aquavitae or Strong-Waters ; with the Yearly Supplie given to the King , by Act of Parliament , this City one Year with another , will be of in-come to the Exchequer about thirty thousand Pounds of Scots money . If this were duely considered , it might easily be perceived , that the Prosperity and Flowrishing of this City is of speciall concernment to the King , and the Publick Interests of the Nation ; and incaice of its decay , the prejudice of both will be no less considerable . We acknowledge , we have severall of the Chiefest Staple Commodities in the Kingdom , as Plaiding , Fingrams , Stockings , Salmond , Stuffs , Serges , Sheep-skins and Lamb-skins . When Plading was giving good price in Holland , the old Conservator SIR PATRICK DRUMMOND frequenty reported that the Kingdom of SCOTLAND was more obliedged to the City of ABERDEEN for the abundance of money the Merchants thereof brought to the Nation , then to all the Towns of this Kingdom besides : but the Trade of this so profitable a Commodity is greatly decayed and become very low . The Rivers of Dee and Don , besides what is brought from Ythan and Ugie , ( which two last Rivers belong to the Earle MARISCHALL and some other Heritors of the Shyre ) these two first Rivers afford our Merchants above an hundreth and twenty Lasts of Salmond or thereby one year with another , which are carried to France , Holland and sometimes to Spain and other forreign places . I knew a Merchant in my time who sent to Dantzick thirty thousand Lamb-skins in one year ; but our Trade is much decayed by what it hath been fourty or fifty Years ago , before our late Intestin Troubles began . CHAP. VII . A Catalogue of these who have been PROVESTS in ABERDEEN , whereof any record may be had , either by Scrolls , Charters or Infeftments , before or since the burning of the said City . Anno Dom. 1310. Duncanus Melavill found in the Bishop of Aberdeens old Registers . 1326. Simon Gilchach found in an authentick Scroll . 1329. Willielmus de Strabrok in a Scroll . 1142. David de Fingask in a Scroll . 1349. Simon Lynto in an old Evident . 1350. Robertus de Edynhine in an old Evident . 1352. Willielmus Leith in a Scroll . 1360. Thomas Mercer in an authentick Scroll . 1361. Thomas Mercer in an authentick Scroll . 1366. Laurentius Garvock in a Scroll . 1367. Laurentius de Fety in authentick Scrolls . 1382. Alexander Bannerman in authentick Scrolls . 1384. Laurentius de Fety . 1385. Laurentius de Fety . 1392. Willielmus de Camera Pater . 1393. Willielmus de Camera Pater . 1395. Willielmus Filius Andreae . 1396. Willielmus de Camera Pater . 1398. Willielmus de Camera Pater . The oldest Court-book of this City , is of this years date , which is in the Latine-Tongue . 1399. Adam de Benyn , tenet cum libro . 1400. Adam de Benyn , tenet cum libro . 1401. Laurentius Leith , tenet cum libro . 1403. Laurentius de Leith . 1404. Willielmus de Camera Filius . 1405. Robertus Filius David . 1406. Robertus David . 1407. Robertus David . 1408. Robertus Filius David . 1409. Ioannes Fitchet . 1410. Robertus Filius David , slain at Harlam . 1411. Andreas Giffurd . 1412. Thomas de Camera . 1413. Willielmus Jackson , from this forth we can find no Court Book till Gilbert Menzeis time 1426. 1416. Thomas Roule in an old Charter . 1419. Andreas Giffurd . 1423. Gilbertus Menzeis . 1425. Ioannes Vaus . 1426. Gilbertus Menzeis , tenet cum libro . 1427. Gilbertus Menzeis , tenet cum libro . 1428. Ioannes Vaus 1429. Ioannes Vaus . 1433. Thomas de Camera , tenet cum libro . 1434. Thomas de Camera . 1435. Ioannes Scroggis , tenet cum libro . 1437. Ioannes Fyffe , tenet cum libro . 1438. Thomas de Camera , tenet cum libro . 1439. Gilbertus Menzeis . 1440. Ioannes Fyffe . 1441. Matheus Fitchet . 1442. Ioannes Marr junior . 1443. Alexander de Camera . 1444. Ioannes Vaus . 1445. Ioannes Vaus . 1446. Alexander de Camera . 1447. Willielmus Sherar . 1448. Ioannes Fyffe . 1449. Ioannes de Scroggis Filius . 1450. Ioannes de Scroggis Filius . 1451. Ioannes Fyffe . 1452. Ioannes de Fyffe . 1453. Ioannes Marr. 1454. Andreas Menzies . 1455. Ioannes de Scroggis Filius . 1456. Ioannes de Fyffe . 1457. Ioannes de Fyffe . 1458. Ricardus Kintore . 1459. Ricardus Kintore 1460 , 1461 , 1462 , 1463 , 1464 , 1465 , 1466. totidem annis . 1467 , Alexander Cameron 1468 , 1469 , totidem . 1470. Andreas Allanson . 1471. Ricardus Kintore . 1472. Andreas Sherar . 1473. Andreas Allanson . 1474. Alexander de Camera . 1475. Alexander Menzeis . 1476. Andreas Sherar . 1477. Alexander de Camera . 1478. Andreas Sherar . 1479. Alexander de Camera . 1480. Alexander Menzeis . 1481. Iacobus Lesty . 1482. Robertus Blinshell . 1483. Ioannes Rutherford de Migvie . 1484. Alexander de Camera . 1485. Ioannes ' Rutherford de Tarlane miles . 1486. Alexander Menzeis . 1487. Ioannes Rutherford de Tarlane miles . 1488. David Menzeis . 1489. Ioannes Rutherford de Tarlane miles . 1490. Ioannes Rutherford de Tarlane miles . 1491. Ioannes Cullen . 1492. Ioannes Rutherford de Tarlane miles . 1493. Alexander Reid . 1494. David Menzies . 1495. Alexander Chalmer de Murthill . 1496. Ioannes Rutherford miles . 1497. Ioannes Rutherford miles . 1498. Ioannes Rutherford miles . 1499. Ioannes Rutherford miles . 1500. Ioannes Rutherford miles . 1501. Alexander Menzeis . 1502. Alexander Menzeis . 1503. Alexander Menzeis . 1504. Ioannes Lesly de Wardes . 1505. Gilbertus Menzeis . 1506. Andreas Cullen . 150 , Gilbertus Menzeis 1508 , 1509 , 1510 , 1511 , 1512 , 1513. totidem annis . 1514. Ioannes Marr. 1515. Ioannes Marr. 1516 , 1517 , 1518 , 1519 , 1520. Gilbertus Menzeis totidem annis . 1521. Ioannes Collison , nota , electus fuit ante diem ordinariam , virtute literarum Regiarum desuper directarum . 1522. Gilbertus Menzeis de Findon . 1523. Gilbertus Menzeis de Findon . 1524. Gilbertus Menzeis de Findon . 1525. Thomas Menzeis de Pitfoddels . 1526 Gilbertus Menzeis . 1527. Gilbertus Menzeis . 1528. Gilbertus Menzeis , 1529 , 1530 , 1531 , 1532. totidem annis . 1533. Thomas Menzeis de Pitfoddels . 1534. Thomas Menzeis de Pitfoddels . 1535. Andreas Cullen . 1536. Gilbertus Menzeis de Findon . 1537 , Thomas Menzeis de Pitfoddels , 1538 , 1539 , 1540 , 1541 , 1542 , 1543 , 1544 , totidem annis . 1545. Georgius Comes de Huntly , Dominus Gordon & Badzenoch ac locum tenens Generalis Boreae . 1546. Georgius Comes de Huntly &c. praepositus . 1547. Thomas Menzeis de Pitfoddels , annuatim electus fuit praepositus ad annum 1576. 1576. Gilbertus Menzeis de Coullie . 1577. Gilbertus Menzeis de Pitfoddels . 1578. Gilbertus Menzeis de Pitfoddels annuatim ad annum . 1588. 1588. Mr. Thomas Menzeis de Durne . 1589. Mr Thomas Menzeis de Durne . 1590. Alexander Cullen . 1591. Alexander Rutherford . 1592. Thomas Menzeis apparens de Durne . 1593. Mr. Ioannes Cheyn . 1594. Ioannes Collison . 1595. Thomas Menzeis de Durne . 1596. Alexander Rutherford . 1597. Alexander Chalmer de Cults . 1598. Alexander Rutherford . 1599. Alexander Cullen . 1600. Alexander Rutherford . 1601. Alexander Cullen . 1602. Thomas Menzeis de Durne . 1603. Alexander Rutherford 1604. David Menzeis Senior . 1605. Alexander Rutherford . 1606. Alexander Cullen . 1607. Alexander Rutherford . 1608. Alexander Cullen . 1609. Alexander Rutherford . 1610. Alexander Cullen & quia vitam obiit penultimo Octobris , Alexander Rutherford electus fuit in ejus vicem 1610. 1611 , Alexander Rutherford 1612 , 1613 , 1614 , totidem annis . 1615 , Thomas Menzeis de Cults , 1616 , 1617 , in qua anno factus fuit miles . 1618 , 1619 , 1620 , totidem annis , & quia dictus Dominus Thomas vitam obiit in mense Septembris 1620 , in suo itinere in rediundo ab Anglia , Mr. David Rutherford electus fuit praepositus in ejus vicem . 1621. Mr. David Rutherford . 1622. Georgius Nicolson . 1623. ad annum 1633. Paulus Menzeis de Kinmundie & eo anno nominatus Dominus Paulus , miles . 1634. Patricius Lesly de Eden , ab Officio privatus 14. Januarii 1635 , & dictus D. Paulus Menzeis electus fuit praepositus in ejus vicem ; sed postea Patricius Leslie anno 1639. electus & restitutus fuit . 1635. Robertus Johnstoun de Crimond , remotus fuit per decretum Dominorum Secreti Concilii , & Mr. Alexander Jaffray de Kingswells virtute dicti decreti , electus fuit praepositus in ejus vicem . 1636. Mr. Alexander Jaffray , de Kingswells . 1637. Robertus Johnstoun , de Crimond . 1638. Mr. Alexander Jaffray . 1639. Patricius Lesly de Eden . 1640. Patricius Lesly . 1641. Mr. Alexander Jaffray . 1642. Patricius Lesly . 1643. Patricius Lesly . 1644. Mr. Robertus Farquhar , de Munie . 1645. Mr. Thomas Gray . 1646. Mr. Thomas Gray , in mense Februarii . 1647. Patricius Lesly electus fuit . 1647. Patricius Lesly electus apud Gilchonstoun , quia Pestis erat in Urbe . 1648. Mr. Thomas Gray . 1649. Alexander Jaffray de Kingswells . 1650. Mr. Robertus Farquhar . 1651. Alexander Jaffray . 1652. Georgius Morison de Pitfour . 1653. Georgius Morison . 1654. Georgius Morison . 1655. Mr. Thomas Gray . 1656. Georgius Cullen qui obiit in dicto officio . 1657. Ioannes Jaffray de Dilspro . 1658. Ioannes Jaffray . 1659. Ioannes Jaffray . 1660. Gilbertus Gray . 1661. Gilbertus Gray . 1662. Gulielmus Gray qui vitam obiit eo anno . 1663. Gilbertus Gray . 1664. Mr. Robertus Patrie de Portlethin . 1665. Mr. Robertus Patrie . 1666. Gilbertus Gray qui vitam obiit in dicto Officio . 1667. Mr. Robertus Patrie . 1668. Mr. Robertus Patrie . 1669. Mr. Robertus Patrie . 1670. Mr. Robertus Patrie . 1671. Robertus Forbes de Robslaw . 1672. Robertus Forbes . 1673. Robertus Forbes . 1674. Robertus Patrie . 1675. Robertus Forbes . 1676. Georgius Skene de Fintray , ad praesentem annum 1685. This City hath not been a barren Mother or Nurse in our Israell , in bringing forth and breeding up many eminent men and brave Spirits , whereof there might be set down a large Catalogue , not onely in bypast years , but even of Men eminent for abilities in their severall Professions in this same Age , whom I have known by face in my own time , and that both in Grammar , Musick , Philosophy , Medicin , Mathematicks , Poesie , the Civill and Cannon-Law , School-Divinity , the Art Military , who have in their Times been not only Ornaments to this City , but even to the whole Kingdom . But lest this might favour of ostentation , and upon severall other considerations I forbear , and shall leave it to any other to performe this task , if it be found needfull ; and therefor shall summ up the description of this City , with the Elogies written upon some of the Ancient Citizens and Families thereof in these Epigrams made by DR . ARTHUR JOHNSTOUN as followes . CHAP. VIII . The EPIGRAMS of DR . ARTHUR IOHNSTOUN , Phisitian in ordinary to King CHARLES the first upon the City of ABERDEEN . Arthuri Johnstoni Epigrammata , De ABERDONIA Urbe . Cune populo quisquis Romanam suspicis urbem , Et mundi dominam , deliciasque vocas ? Confer Aberdoniam , Thytis hanc servilibus undis Alluit , Urbs famulo nec procul illa mari est . Utraque fulta jugis subjectos despicit amnes : Utraque fulminea spirat ab arce minas . Illa suos Fabios , invictaque Fulmina belli Scipiadas jactat , Caesariamque domum . Mennesios Urbs haec proceres , Gentemque Culenam , Et Collissonios , Lausoniosque patres . Urbe Quirinali minor est Urbs Grampica , Caves Sunt tamen HIG Animis , Ingeniisque pares . Englished thus , by I. B , Who e're thou art , that Rome do'st magnifie , And her extoll as people fondly , do : Entitling her the Earths delight and Queen , Compare with her the City ABERDEEN : A City which doth neighbour with the Sea , To which the Oceans waves do constantlie Flow up at Handmaids ; yet ere they approach They stoop as fearing too far to encroach . From lofty hills both Cities view with pryd , The little Brooks which through the Vallayes glyd : Both from their stately and their thundering Tower , Defye with threatnings all unfriendly power . Rome of her Tabii and unconquer'd Hosts , Of Scipios , and of great Caesars boasts . This CITY of her Menzeises great worth , Of Cullens , and of Lawsons here brought forth ; And Collisons , all men of great esteem : Of these she boasts , these doth her Glory deem I● Bigness may 'mongst Praises reckned be , Rome is indeed of greater bulk then She ; But in all Gifts , and Ornaments of mind , Rome may her Equalls in this CITY find . ABERDONIA-NOVA . URBS-NOVA piscosi quam dictant ostia DEVAE , Urbibus Antiquis praeripit omne decus . Hanc DELUBRA A beant totum Cantata per Orbem , Templaque mortali non fabricata manu . Haec prope Romuleis Aedes Sacrata Camaenis Surgit , Athenaeum non procul Inde vides . Ardua sideriis rutilant Praetoria primis , Hic ubi planities panditur ampla fori . Adspicis hic Procerum vicina palatia Coelo , Et Populi pictos , Aureolosque Lares . Quid memorem ternos , trita propugnacula , colles Qualibus Urbs surgit qua caput Orbis erat . Hanc quoque Lanaris Mons ornat , amaenior illis , Hinc ferrugineis SPADA colorat aquis . Inde Suburbanum JAMESONI despicis Hortum , Qu●● Domini pictum suspicor esse manu . Salmonum dat DEVA greges , maris equora gazas , Memphi , tuas , & quas India jactat opes . Pons septem gemino cameratus fornice DEVAM Integit , AUTHOREM juncta Tiara notat . Haec celebret Vulgus . solos Ego prae●ico Cives , His collata nihil caetera laudis habent . Martia mens illos commendat & aurea virtus , Rebus ●● in dubiis saepe probata Fides . Hospita Gens haec est & Comis & annula Divum , Quaeque regnunt alios , huic famulantur opes . Si locus est meritis , Urbs haec Regina vocari Et Dominae titulum sumere jure potest . Caetera Mortales producunt Oppida , solos Urbs haec Haeroas , Semi-Deosque parit . Englished thus . NEW-ABERDEEN enrich'd by Dees clear streams All praise from Ancient Cities justly claims ; It 's bless'd with Churches famous in all lands , And Temples framed by no mortall hands . Muses alse famous as once Rome did grace , Have hallowed a House into this place . A Colledge may be seen not far from thence , Where Learning fixed hath its residence . The Mercat-place where men resort for gain , Is stretched out into a spacious Plain : There you the stately Judgement-House may view Whose Battlements are of a Starry-Hew : There Palaces of Peers you may espy , Whose Lofty-Tops approach unto the Sky , And Towns-Mens-Houses there you may behold , Which garnish'd are and shining like the Gold. What need I further the three Hills to name , Which as three-Bulwarks fortifie the Same . Like these on which that City doeth stand , Which once as Head did all the Earth cōmand . The Wool-man-hill which all the rest out-vyes In pleasantness , this City beautifies : There is the Well of Spa , that healthfull Font , Whose Yr'ne-hew'd-Water colloureth the Mount. Not far from thence a Garden 's to be seen , Which unto Jameson did appertain : Wherein a little pleasant House doth stand , Painted ( as I guess ) with its Masters hand . Dee doth afford of Salmon wondrous store , The Neighbour-Sea brings up into the Shore . The Riches whereof Egypt makes her boast , And Indian-Treasures come into this Coast. A Bridge doth reach along the River Dee , Wherein seven double stately Arches be : Who built this sumptuous-Work if ye would know , The Myter which is carv'd thereon doth show . But let the Vulgar sort these things commend , The Citizens to praise I do intend . If all these things with them compared be , They do deserve no praise no memorie : That Martiall-mind which oft appeared hath , That golden Vertue and unstained Faith Which lodges in them all these joyntly doe Concur to raise their Name and Fame on high : They are a courteous People and a Kind , Men of aspiring Spirits , and noble Mind : Riches which doth the baser sort enslave , They have them ; but they them as servants have If Worth have place , of Cities this may be Entitled - Queen , and claim Sov'raigniti ' . All other Cities Mortalls bear ; but This , Of Demi-Gods and Hero's Parent is . I could add many more Verses in Latine and English upon ABERDEEN ; but being loath to nauseat the Reader I forbear ; I have some Verses made in Latine by Mr. JOHN JOHNSTOUN , and also some Latine-Verses upon the Learned-Men that lived in this same Age ; but shall forbear to multiply these Poeticall-Elogies : let these suffice to stir up the Citizens and their Posterity so to behave themselves in all their deportments , as they may most imitat their Worthy-Ancestors in every Vertue purely imitable , and not be accessory to occasion the old Renown and Esteem that ABERDEEN had gained , to fail in their Persons . CHAP. IX . Dr. IOHNSTOUNS Epigrams , upon several of the Royall-Burghs in this KINGDOM ; as may be found in his Poems printed at Middle-Burgh 1642. Translated into English , by I. B. HAving taken pains to write this Survey of ABERDEEN My Respects to the other Burghs are such , that I have prevailed so far with my good Friend MR. JOHN BARCLAY Person of - Cruden , as to Translate the Epigrams of DR . ARTHUR JOHNSTOUN out of Latine into English to show my Good-will and Desire , and to evidence my real Respects to them when I can but catch an occasion : The ability of the TRANSLATOR and HIS Justice may be seen in the Latine and English Translation of His Epigrams on Aberdeen , which may serve as an Embleme to the rest that follow , and as the Burghs of the Kingdom see it needfull , they may set able Persons on work , to satisfie the desire of the Printed Advertisement and Queries thereof , set forth by SIR ROBERT SIBBALD , ( Physician in ordinary and Geographer to the late KING CHARLES the Second , within the Kingdom of SCOTLAND , ) for answering the then KINGS Mynd in reference to the compleating the Description of this Kingdom . Tho these Epigrams being Printed in Latine might satisfie Strangers ; yet I suppose they will be no less acceptable to our own Countrey-men to have them in English , hoping the discreet Reader will not impute the Superstitious or Hyperbolicall-Expressions which appear in these Epigrams to Me or the Translator , seeing the Author of them in Latine ( who was one of the most excellent Poets of his time ) did expect the Common-Liberty allowed to Such . EDINBURGH . That EDINBURGH may view the Heav'n● at will It s built upon a lofty rysing Hill , The Fields and Rivers which its Handmaids be It thence views , and the Tributary-Sea . Here where the Sun displayes its morning-light , The Palace doth present it self to sight . That Princely-Dwelling under Arthures-seat , Adorn'd by most Ingenious Art of late . Toward the West the raised Castle stands , Which with its Thunders giveth loud Cōmands A Church appears in middle of the Town Which is this Cities and the Earths-Renown . A Structure rear'd by Ancient Pietie , Within its Walls all things most stately be , Its gilded top which is of Marble-fine Shap'd as an interwoven Crown doth shine . The Hall of Judgement by the Temple stands , A Building of most curious Artists hands . Each Citizen hath such an House that It Might PEERES of highest quality befit . The threats of Foes do not make Them affrayd , Nor need They be by their Assaults dismay'd . Tiber doth Rome , the Sea doth Venice fright , But EDINBURGH defyes the Waters might . Trust Me , no City worthier is to be With presence grac'd of ROYAL-DIGNITIE : And for a KINGLY-CITY none can wish A Seat that 's more convenient then this . The TRANSLATORS Addition . Of late pure Waters hither are convey'd , The Citizens are thereby well supply'd : Who views the distant Springs from whence They run , The Conduits which are deep under ground : The Wells which in the Street these Streams do fill , Will judg't a Work of more then human-Skill . LEITH . LEITH , by that Water which is nam'd by thee , To thee a thousand Favours granted be ; Thy bosome is a safe and happy Port , To which a thousand Veshells do resort : Thou art a Pilot-Town , thy Ships are such As are ambitious to out-sail the Dutch. The utmost parts of Earth thy Sailes descry , Through Eastern and through Western-Seas they fly . Thou knows the paths by which the glorious Sun Fullfills His Course , and where the Moon doth run . And where the sparkling Stars themselves do roll , And counts the shyning Signs of either Pole. When in the Ocean thou displayes thy sail , Both Wind and Waves to thy Commands do vail . Thou worthy Town who hast the Sailing-Art , From Typhis learn'd , or didst to Him impart . LITHGOW . LITHGOW's a Noble Town , first look upon Its coastly Temple built of polisht Ston . For splendor doth the PALACES near by With It contend , which Other shall outvy . These Towred-Buildings which more precious are Then both the houses of the Sun by far . An unwald Lake is near unto the Town , Wherein the scaled-Flocks float up and down : When Grampion-Arms their Enemies defeats , These Ponds afford them their Triumphal-Treats . This of the Kings-Lake doth enjoy the name , As Caesar that in company did claim . The Lucrine-Lake for Luxurie serv'd more , But LITHGOW's yeelds the most delicious Store . STIRLING . Who is by Verses able to set forth , Or to declare the lovely STIRLINGS worth : Our KINGS oft in this place of safety , Secure into their little Cratches † ly . Its Air is pure by Heav'ns near influence ▪ From Foes assaults no Town hath more defence ▪ A Castle on two Rocks stands here so fair , That with Tarpeian-Joves it may compare . The Arched-Bridge here meets FORTH ▪ glyding-Streams , And to its Vault obeysance from 't doth claim : As in the Phrygian-Coasts Maeander runs , And winds it self about in various turns : The River here doth force its Passage so , Flowes and returns is tossed too and fro . The Traveller whose found of daily change , And through the Earth with tedious steps doth range ; When hither he doth happen to retire , This Town and Countreys Wealth he doth admire . These strange things do deserve the sweetest layes : But Warlick-Vertue mertits further Praise . The Roman pride how oft hath STIRLING queld , Their Conquering Swords IT more then once repell'd . The Flood wherewith this Cities-fields are wet Did bounds to their O're-running Empire set . PEARTH . BERTH first , now PEARTH thou Town of Ancient Fame , Art called by a great APOSTLES Name ; In Praise thou do'st deserve to have thy share , For Cleanliness and for thy Wholsome Air : And for that River by which thou do'st stand , Whose Streams make fertil all its Neighbouring Land : These ruines of thy Bridge we yet do see , It s well cut Stons , thy Wealth do testifie : The swelling Floods their force upon it spent , The Showres made them impatient of restrent . Their violence ( so HEAV'N will'd ) did break down That sumptuous BRIDGE the Glory of thy TOWN . The Grampian Poets to commend , there 's found An Isle here , which the Wattrie Streams surround A little Isle , but by the Highland LORDS A Battell fought therein to 't Fame affords . Here the brave Youth the Noble Horses train , With which the Wing'd-ones could no Race mantain . This Isle , MARS - Field may be intituled , By Light SCOTS Chariots oft enobelled . Near by Thee , there are Woods where one may kill The Staigs and Roes ensnare , with nets at will : And from the Carse ( not far off is ) which bears Most fragrant Aples and most luscious Pears : Whilst thus thou do'st a happy mixture make , A gain with pleasure nothing thou do'st lake : And so the Crown of Praise and Dignitie As Thy just due doth appertain to Thee . DUNDEE . An Ancient Town , to which Tay's entrie do Willing obedience , and subjection shew . The bones of conquer'd and slain Danes are found Here scattered , ill buried in the ground . When Genoa thee views , it doth despise ●s Marbles , nor doth barbarous Egypt pryse Her Pyramids , and Gargara doth deem ●s Harvests to deserve but small esteem . The Lyburne Land thinks not her Veshells fair , When as she them doth with thy Ships compare . Venice her self in poverty thinks-lost , And Cnidus of her Fishes dare not boast . The Spartan Youth to equall thine doth fail , Romes Senators unto thy Consuls vail . He as an Artless fool should branded be , Who from Tay's-Gulph did beg a name to Thee ; Since thou by more then Human-Art are fram'd DON-DEI the Gift of GOD thou should be nam'd . GLASGOW . GLASGOW to Thee thy Neighbouring Towns give place , ●Bove them thou lifts thine head with comely grace Scarce in the spatious Earth , can any see A City that 's more beautifull then thee . Towards the setting Sun thou' rt built , and finds The temperat breathings of the Western-Winds . To thee the Winter colds not hurtfull are , Nor scorching Heats of the Canicular . More pure then Amber is the River Clyde , Whose Gentle Streams do by thy Borders glyd ; And here a thousand Sail receive commands To traffick for thee unto Forraign-Lands . A Bridge of pollisht Ston , doth here vouchase To Travellers o're Clyde a Passage safe . Thyne Orchards full of fragrant Fruits and Buds Come nothing short of the Corcyran Woods . And blushing Roses grow into thy fields . In no less plenty then sweet Paestum yeelds . Thy Pastures , Flocks , thy fertile Ground , the Corns , Thy Waters , Fish , thy Fields the Woods adorns , Thy Buildings high and glorious are ; yet be More fair within then they are outwardly . Thy Houses by thy Temples are out done , Thy glittering Temples of the fairest Stone : And yet the Stones of them how ever fair , The Workmanship exceeds whlch is more rare . Not far from them the Place of Justice stands , Where Senators do sit and give Commands . In midst of thee † APOLLO's Court is plac't , With the resort of all the Muses grac't . To Citizens in the Minerva Arts Mars valour , Juno , stable Wealth impairts : That Neptune and Apollo did ( its said ) Troy's fam'd Walls rear , and their foundations lai● But thee , O GLASGOW ! we may justly dee● That all the Gods who have been in esteem , Which in the Earth and Air and Ocean are Have joyn'd to build with a Propitious Star. Upon the Arms of the City of GLASGOW , viz. an SALMON , an OAK - Tree , with a BIRD sitting on it , a BELL , a GOLD-RING found in the SALMON's - mouth . The SALMON which a Fish is of the Sea , The OAK which springs from Earth that loftie Tree . The BIRD on it which in the Air doth flee , O GLASGOW does presage all things to thee ! To which the Sea or Air , or fertile Earth Do either give their Nowrishment or Birth . The BELL , that doth to Publick Worship call , Sayes HEAVEN will give most lasting things of all . The RING , the token of the Marriage is Of things in Heav'n and Earth both thee to bless . DRUMFRISE . Apollo , from Amphrysus Banks did see The goodly Pastures at DRUMFRISE which be : And when he He view'd them he did freely tell That all Admetus Hills they did excell . The fatted Flocks which here in Meadows feed , Are numerous as Grass which Earth doth breed : To Stranger Nations they are sent abroad , And often do the English-Tables load . The Cornes yet more abound upon the Field . The River beareth Ships , and Fish do yeeld , And store this Town from bounteous Sea doth find : Whose Waves are smoothed here by Western-Wind . Diana's Temple , and all else which grace The Greeks Land , to the Temple here gives place . Here Cumming who betray'd his native Land , His Blood and Life lost by the BRUCES hand . DRUMFRIESES Altars should much honor'd be , For Here did SCOTLAND gain Its libertie . AIR . This City doth with Heavens good Gifts abound The Air in It is pure and wholsome found ; From whence its name it hath , or from some Mine Of Brase , wherewith Its ground perhaps do shine . It s small in bulk ; but in Its worth by far It doth excell Towns which more greater are . In worth smal Gemms , the biggest Rocks exceed , The mighty Oak growes from a little Seed . The overflowing Nilus seven-fold springs , Are unto Men almost unknown things . Take Cowrage then , for Tibers famous Town Which Seas and Lands and Empires did tread down . The Great and Mighty Rome it self ( its told Of it , ) that it a Village was of old . HADDINGTOWN . Next unto Berwick , HADDINGTOWN fac'd all The greatest dange●s , and was SCOTLANDS wall : By valiant Arms oft guarded it from Woes , And often carried home the Spoyls of Foes . By Force , not Valour , It hath been o'recome , Gave many Wounds , when It receaved some . Believe it not , that onely here should be Brave Captains and the Flower of Chevalrie Who in this City did make their abodes ; But here dwelt Scotlands Titularie-GODS . The Coast-side Towns of FYFFE . A tract of Towns by FORTH 's - Streams watered , From Northern-blasts the Grampian-hills you shed : Neptune you taught to handle Oares and Sailes , To spred forth to the Clowdy-Southern-gales . No Scylla , no Charibáis , no such Sea As dampt Uli●es Ships you terrifie . If ragged-Rocks to pass you do essay , Or through quick-Sands , through these you● force your way : And as 't were not enough the Seas to plow , The Earth its Intralls must make bare to you . You search the Fires which in its bosome be , Scarce from your view are Hells-dark-regions free By your unmatched Skill you do not fail To cause the Waters into Stones congeall . The Ocean with that Salt your Borders fills , Which Saxons boast they hew from Rockie-hills Let SCOTLAND praise your Industrie and Art , For if It lack'd those Gifts which you impart ; Too fie●ce and nipping were its Winter frosts , And all its Denties-savour should be lost . St. ANDREWS . Thou wert regarded by the World of late , The Earth affording no more Sacred-Seat . Thy Temples whilst by Jove with blushing seen He his Tarpeian-Chapell thought but mean. Had He Diana's-Temple who adorn'd View'd thyne , he his own work had surely scorn'd The Vestments of the Priests were no less fine , All here did with an Heav'nly-lustre shine . Here SCOTLANDS-PRIMATE in great State did sit , To whom Its Patriots did themselves submit . But this thy Ancient-Honour now is gone , And thou thy former Glory do'st bemoan . Thy Temples almost to the ground are laid . Thy BISHOPS wonted Grandeur is decay'd ; Yet art thou by the Muses honour'd still , The Ministers of Phoebus here distill . The Streams of Learning and an Honour , this No greater then thou well deservest is . The Eastern-Sun who doth the Muses love , It s carefull Rayes darts on thee from above . And when the Mornings-blushes beautifie The Muses-dwellings , likewise doth the Sea With noise of tumbling-Waves to them resort , And bids their Children make their sleep but short The tyred Students in a field that 's near Refresh themselves , and do their Spirits cheer . Phocis of old did great Apollo's love , As Acte did the wise Minerva's move : Both of them now aggreed seem to be To have their fixed-Residence in Thee . COWPER of FYFFE . O Venus wilt thou Residenter be 'Mongst SCOTS , choose COWPER as a Seat for thee : Near it the Flowers adorne the Hills and Fields , To which Idalium and proud Eryx yeelds . Under the rockie Hill which Herbs o'regrow , Swift Horses running make a goodly show . Elis which the Olympick-Games did grace , Did carrie some resemblance of this Place . Here may'st thou see the handsome Youths , whose hearts With fyre-Brands thou may smit , or with thy Darts . The Water Aden , by this Cities side , As pure as Ac●dalian Streams do glyde . Here thou'lt behold the lovely Swans in flight , Here Myrtles grow , which in the Shoars delight With these ( thou Goddess ) shalt environ'd be A double Swan's fair wings do carrie thee . Thy vail'd Adonis here is blushing found , Crocus hurt by thy Fires doth haunt this ground . The Fields yeeld Corns , despise not Ceres aid , Without which Love doth quickly freez and fade Heer cheerfull Gides delicious Aples pull , And pleasant Cherries rypned to the full : And all the Fruits are here expos'd to view , Which in the fam'd Hesperian-Gardens grew . Heast hither Venus from all other Parts , Bring here thy Chains , thy fire-Brands and thy Darts , The Name of Cypria thou from Cyprus claim'd From Cowper , Cupria thou'lt be henceforth nam'd . FARFAR . The ruines of a Palace thee decore , A fruitfull Lake and fruitfull Land much more . Thy Precincts ( it 's confest ) much straitned be , Yet Ancient SCOTLAND did give Power to thee : Angus and other places of the Land , Yeeld to thy Jurisdiction and Command . Nobles unto the People Laws do give , By Handy-Crafts the Vulgar-sort do live . They pull off Bullocks-hydes and make them meet When tann'd , to cover handsome Virgins feet : From thee are Sandals to light Umbrians sent , And solls with latchets to Rope-Climbers lent : And Rullions wherewith the Bowrs do go To keep their feet unhurt with Yce and Snow . The Ancient Greeks their Boots from this Town brought As also hence their Ladies Slippers sought . This the Tragedians did with Buskings fit , And the Commedian-shooes invented it . Let not Rome henceforth of its Puissance boast Nor Spartans vaunt much of their warlick-Host They laid their Yoak on necks of others Land Farfar doth tye their feet and leggs with bands . BREECHIN . This fertile Town doth 'twixt two Rivers stand One to the North , one to the Southward hand : The Watters down betwixt the Rocks do glyde , Both Bridges have and many Foords beside . The Vict●rie of the Northren KING doth much Commend this City , since its men were such As stood and by their Valour vanquished , When as their Neighbours treacherously fled . Here is a Bishops-House , and near to it A Tower seems built by Phidias Art and Wit. Its bulk so little , and its top so high , That it almost doth reach unto the Sky : Its Structure's round , look to it from a-far , You would imagin It a Needle were : It s built so strong , it fears no Wind nor Rain , And Joves three-forked-Darts it doth disdain . Compare the Fabricks , BREECHINS - Tower exceeds ( Proud - Egypt ) all thy stately Pyramides . MONTROSE . The Noble Town from ROSIE-MOUNT doth claim Its Present , as from Heaven its Ancient Name : Near it 's a Hill by which a River glydes , Both which to it Delicious Fare provyds : The Hill doth Flocks , Salmon the Flood brings forth , Or what in Nero's Ponds was of more worth . The Lillies on the Banks refresh the sight , The Roses on the Hills afford delight . Towards the East the Seas themselves do spread , Which with a thousand Ships are covered . A large Field by the Sea is stretched fo●th , Begirt with Waters both at South and North. Some Youth train Horses here , some use the Bow , And some their Strength in rolling great Stons show . Some wrestle , some at Pennie-stones do play . The rolling Balls with Clubs some drive away . Should Jove or Venus view this Town , sure He His Capitoll , Her Ida leave would She. The OLD-TOWN ( vulgarly . ) called OLD-ABERDEEN . A Pious BISHOP dwells and rules in thee . Don makes thee Prosperous , and the neighbouring Sea : Don by a wondrous Bridge is overlaid Of one Arch , which the Gods belike have made Such was the Rhodian Coloss work of old , Where Ships with hoised Sailes to pass were bold : Near this the Salmon swim , and Snares are set For them , and they are catcht in every Net. In thee an old , and stately Temple stands , The Rest demolisht are by Strangers hands : That Temple with two Towers doth rise , which be ( As Pharos guids ) to Travellers at Sea : Phoebus and Pallas Palaces not far , From that fair Temple to be viewed are . Buildings fit for these Guests and over them There is a Gilded-Cross and Diad●m . An Holy BISHOP rais'd this Fabrick , which The KING did with fair Revenues enrich . And Rome which doth by words her bounty show Did Names of Honour upon them bestow . So many Greeks ( who ruin'd Troy by force , ) Did not brake forth out of the Trojan-horse ; As that brave HOUSE of Learning hath brought , forth , Of Shyning-lights , and Men of greatest Worth. Thou dost not need thy Praises should be sung Thou Noble Town by any Strangers Tongue : Since by this People who reside in thee , Thyne Honour fitly published can be . KINTORE . Look to KINTORE , nor thou ELEUSIS shall , Nor CICILY thereafter fertile call ; Its Fields are wat'red by the River DON , Then which in SCOTLAND pleasanter there 's none Therein are Fishes in such plenty found , That it may be call'd richer then the Ground . Here PEARLS are gathered which much better are Then in Hydaspes or Reid-Sea by far . Hence was the UNION into EGYPT sent , Which CLEOPATRA on a vain Intent , Her Humour and her Pride to gratifie , In Vinager would have dissolv'd to be . The People yearly view into this place , The SCOTISH - Youth to run the Horses-Race : His Boon who doth the rest o'recome by speed , Is such as doth th'OLYMPICK - Pryze exceed . Here first I suck't the Muses breasts when young , It was here first I learn'd the Latine-Tongue . Let ATHENS by MAEONIAN Songs be rais'd , It 's fit KINTORE be by MY Verses prais'd . INVERURIE . Thou art the Town I love which URIES Stream Doth water and thou' rt called by Its Name . DON's Christal-Waters also flow to thee , Which joyn'd to URIE much increased be . What is the cause ( My dearest Town ) that thou Can no MIGDONIAN - Pillars in thee shew : Why doth there not in Buildings which are thine Some PYRAMIDE with splendid-Titles shine . Why doth Heath-Shrubs thy lovely Houses stain , To which the LAWRELL rather doth pertain . Here formerly the BRUCE his Foe defeat , And still hereafter Prosperous was his State. Nere thee did STEWART beat the Rebells down And with their Blood , HARLAW almost did drown Of thee if I do boast , it is no shame , In thee some speciall-Interest I claime . The Land which Fewell furnisheth to thee , It was the Land of My Nativity . Near thee it was I first drew Vital Breath , I wish near thee ( when Old ) to meet with Death . BAMFF . BAMFF near the Ocean doth thy self confess In Bulk then Trica , or Hypaepe less : Yet art acknowledg'd by the Neighbouring-lands To be their Regent and the Boyne Commands : Nor Cornes nor Pastures wanting are to thee , Nor stately Ships which do lanch forth to Sea. Thou art adorned by a Temple-great , And by the Muses and Astrea's Seat. A place is near which was a Field untill Our Ancestors did raise it to an Hill. Hither the Sea flows up to Diveron's-food , A stately-Castle also on it stood . A Warlick-Fort , Its rubbish yet appears , The rest 's consum'd by Time , which all things wears . The Buildings which joyn to the Mercat-place , The Parian-Pillars which uphold them grace : Strong for defence , and specious to the sight , In them doth dwell a Noble Ancient Knight : A Vertuous People doth inhabite thee , And this O BAMFF ! thy greatest Praise must be . ELGIN . To ELGIN's Praise the Ancient BAJAE yeelds HESPERIAN - Gardens , and brave TEMPE's - Fields : Both Sea and Land doth still Thy needs supplie , That Fishes , This Cornes doth afford to Thee . CORCYRA , Aples unto Thee hath sent , DAMASCUS , Pruns , CERASUS , Cherries lent . The Bees seem to have left their ATTICK - hyve , And come to Thee , their Honey-trade to dryve . The Silver Streams of LOSSIE here doth glyde , By crooked paths unto the Sea they slyde . With Stately-Castles Thou' rt environed , Within with pleasant Buildings garnished . All Here is lovely and delights the Eye , But the torne-Walls and Rubbish when you see Of that Great TEMPLE , which e're yet appears , Bid SCOTLAND now bedew Her Cheeks with tears . INVERNESS . A Town not far from Sea in fertile Land , Even near unto Our North-most Coast doth stand , With Palaces of KINGS thou' rt garnished And Lakes with Blood of PIGHTS oft coloured . With Ness pure Streams thy Borders watered be , Where Ships float and approach for serving thee : This River freezeth not by Winter cold , Its Water to the Sea flow uncontrol'd . The Earth doth plenteous Harvest here dispense In spite of Northern Stars cold influence . Thule and Iernie which thy Neighbours be And all the Northern Isles send Wealth to thee : Forth long ago the chief Command doth claim , And EDINBURGH yeelds not to thee the Name Of the Chief CITY ; yet they eve● shall Thee an EMPORIUM of this KINGDOM call . Both Nature and the Genius of the Place , Have with this Honour joyned thee to Grace . INVERLOCHIE . This Town where KINGS did dwell , now utterly Is ruin'd , and its Ashes here do lye : Consuming time Its Forts hath undermin'd , Which Pights could not , when they 'gainst It combyn'd . If yet there Here remain a Marble-Stone , Let Muses grave this Lasting Verse thereon : Let none henceforth prefer safe Peace to War , The Evils of That , do This exceeed by far . War to this Town a Mother was ; but Peace A Step-Dame hath become unto this Place . These are all the Towns upon which DR . ARTHUR JOHNSTOUN wrote His EPIGRAMS , though there be many Towns that are ROYALL-BURGHS in SCOTLAND to the number of three-score and two : Severall of which are comprehended under that Designation of the Coast-side Towns of Fyffe , as Dysart , Kircaldie , Anstruther Easter , Burnt-Island , Ennerkything , Kinghorn , Pettenweem , Dumfermling , Anstruther Wester , Cryle , Culrose , and many more such like Towns , on which He wrote no Epigrams . THE CONCLUSION Containing some few Lines , Composed by MR. WILLIAM DOWGLAS Advocat in EDINBURGH , upon the CITY of ABERDEEN . APELLES stareing long , did look upon The Learning , Policy and Generous Mind Of that brave CITY , plac'd 'twixt d ee and DONE ; But how to Paint IT , HE could never find : For still HE stood , in judging which of Three , A COURT , A COLLEDGE , Or , A BURGH , IT be . The Contents ( or Index ) of the SURVEY of ABERDEEN . CHAP. I Concerning the Situation of Aberdeen , Its Longitude and Latitude . Pag. 209 CHAP. II. Concerning the Description of Aberdeen . 212 CHAP. III. Concerning the Antiquity of Aberdeen . 222 CHAP. IV. Concerning the Government of the City of Aberdeen . 226 CHAP. V Concerning the Fidelity and Loyal-Duty which the Citizens of Aberdeen have alwayes payed to their Soveraignes , together with the gracious Rewards conferred thereon , and the signall Evidences of Honour put upon many chief Magistrats thereof . 230 CHAP. VI. Concerning the State of Aberdeen . 244 CHAP. VII . A Catalogue of these who have been Provests in Aberdeen , whereof any record may be had , either by Scrolls , Charters or Infeftments , before or since the burning of the said City . 246 CHAP. VIII . The Epigrams of Dr. Arthur Iohnstoun ( Physician in ordinary to King CHARLES the first ) upon the City of ABERDEEN . 256 CHAP. IX . Dr. Iohnstouns Epigrams , upon severall of the Royall-Burghs in this Kingdom ; as may be found in his Poems printed at Middle-Burgh 1642. Translated into English , by I. B. 261 FINIS . It is expected , that the Courteous Reader will be pleased ( before He peruse this Book , ) to take notice of and correct with His Pen these few Escapes of the Press ( for the most Exact and Vigilant will have some , ) whereby He will be keept from a Stop when He comes to Them in His ordinary Reading . Page , Page , Line , Errors , Corrected . 131 16 , 17 Corporation Corruption 139 2 agreement arguments 155 11 Politita Politica 194 7 Volens Voleur 252 24 qua quo Notes, typically marginal, from the original text Notes for div A60328-e37480 † or Gradles † the COLLEDGE . 
A71100	----	A discourse shewing the great happiness that hath and may still accrue to His Majesties kingdomes of England and Scotland by re-uniting them into one Great Britain in two parts / by John Bristol. Thornborough, John, 1551-1641. This text is an enriched version of the TCP digital transcription A71100 of text R32805 in the English Short Title Catalog (Wing T1042A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 175 KB of XML-encoded text transcribed from 165 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A71100 Wing T1042A ESTC R32805 12761682 ocm 12761682 93510 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A71100) Transcribed from: (Early English Books Online ; image set 93510) Images scanned from microfilm: (Early English books, 1641-1700 ; 1144:21 or 1537:42) A discourse shewing the great happiness that hath and may still accrue to His Majesties kingdomes of England and Scotland by re-uniting them into one Great Britain in two parts / by John Bristol. Thornborough, John, 1551-1641. Bristol, John Digby, Earl of, 1580-1654. [42], 286 p., [1] leaf of plates : ill. Printed by R.H. for Charles Duncomb ..., London : 1641. Variously attributed to John Bristol and John Thornbourgh--NUC pre-1956 imprints. This work appears as Wing B4792 (Wing number cancelled on Wing (CD-ROM, 1996)) on reel 1144:21, and as Wing T1042A on reel 1537:42. Imperfect: tightly bound, pages stained, with print show-through and loss of print. Reproduction of originals in the University of Illinois (Urbana-Champaign Campus). Library and the Harvard University Library. eng Great Britain -- Politics and government -- 1625-1649. Scotland -- Politics and government -- 1625-1649. A71100 R32805 (Wing T1042A). civilwar no A discourse, shewing the great happinesse, that hath, and may still accrue to his Majesties kingdomes of England and Scotland, by re-uniting Thornborough, John 1641 31008 522 20 0 0 0 0 175 F The rate of 175 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2005-09 TCP Assigned for keying and markup 2005-12 SPi Global Keyed and coded from ProQuest page images 2006-01 Judith Siefring Sampled and proofread 2006-01 Judith Siefring Text and markup reviewed and edited 2006-04 pfs Batch review (QC) and XML conversion A DISCOVRSE , SHEWING THE GREAT HAPPINESSE , that hath , and may still accrue to his Majesties Kingdomes of ENGLAND AND SCOTLAND , BY RE-VNITING them into one Great Britain . In two parts : BY JOHN BRISTOL . LONDON , Printed by R. H. for CHARLES DUNCOMB , dwelling in Little-Britain . 1641. TO THE RIGHT HONOVRABLE the ESTATES now assembled in both houses of the high Court of Parliament . THE sacred Mottoes upon the Coins of our late Soveraigne and Solomon King James , Faciam eos in gentem unam and , Quae Deus co● junxit , nemo separet● might have deterre● some turbulent spi●rits of England and Scotland , from vio●lating their peace cutting off the brid● from Twede , and hindering that in●tercourse of amity , which to Heavens and Britaines glory , we no lesse happily than long enjoyed : but Tongues and Pens ▪ ( I wish I could not say Swords ) have beene too busily imployed to untie that Gordian-knot , which a good God , and a pious King had made so firme : Some in these Earth-quakes of State have laboured to underprop the houses of both Realmes , others to pull them downe , saying , as of Jerusalem Downe with it , downe with it , even to the ground : Nay , I feare , the same hand that hath held a Spade , pretending to build a Wall , hath held a Sword to kill a Subiect . Wee need not send to Ireland for poyson to kill two kingdomes , we have too much within our selves . Poetry and Oratory ( such is the corruption of wit ) can make Candida de nigris , & de candentibus atra ; like Dogs , they can either bite the sore , or licke it ; or like Knives , that can both spread a plaister for a wound , and make a wound for a plaister : The Poet Juvenal speaking of Alexander the great comming to see Diogenes ; ( Sensit Alexander testa cum vidit in illa Magnum habitatorem , &c. ) takes away the title of Magnus from the King , and gives it to the Cynicke : and have not we those that strive to make great Britaine Little , putting Alexander from his Bucephalus , and setting beggars on horse-backe ? I feare we have . There are too many Empiricks among us , whose delight is rather to kill than cure ; but You who are the Colledge of Physitians for the preservation of the body Politicke , will make no Anatomies but of condemned persons by Law executed , and by inquiry into the bad , labour for the safety of the good : Let it not be said that this day a Tribe is wanting in our Israel . What though , as judicious Weemes saith , the Scots and English be as Samaritans and Jewes We have no Rehoboam , why should we have a Jeroboam ▪ We have no rigor ▪ why should we have a revolt ? There may bee a good Samaritan which may take charge of the wounded man , when a Priest and Levite may passe by on the other side . Let not the Union of Britaine be cut off , if it may bee preserved : binde up the bones that are broken , and make them whole ; so shall God binde up your souls in the Rowle of the living . I doubt not but much good may bee gotten by a serious perusall of this ensuing Tractate : Sure I am it will not be wholly uselesse to candid , pious , & unprejudiced mindes , who shall finde it as fit as necessary for these times . I say no more , but with heart and hands lift up to heaven , pray , that as you are Treasurers of the Weale-publique , God will be pleased to crowne your publique endeavours , to the everlasting peace and welfare of this Church and Common-wealth , that his sacred Majesty and Royall Off-spring may ever bee glorious , and that all his Kingdoms and Provinces may flourish , to the terror of Foes , and the endlesse comfort of all true loving Subjects . THE EPISTLE to the READER . IT was no blessing , but a curse , when the ten Tribes revol●ed from Rehoboam ▪ Division is good i● Musicke , ill in Kingdomes ; and if confusion of Tongues ruin● a Babel , confusion 〈◊〉 Hearts will ruine Bethel . Scotland ma● say to England , 〈◊〉 Lot to Abraham We are brothers ; ye● when love cannot continue , except their bodies discontinue , the ●e of necessity must ●e to Sodome , a 〈◊〉 and destinated for ●ire and Brimstone . ●ingle Kingdomes , ●ke fooles bolts , are one shot away ; but ●njoyned , as in a ●eafe , not easily bro●en . It was the hap●inesse of our late So●eraigne King James 〈◊〉 blessed memory , to a bridge ove● the Tweed , not 〈◊〉 Wood or Stone , b● of English and Sco●●tish hearts , cemente● with strong affection It was indeed a ha●●pinesse , to make tw● spots of Earth , tw● little Kingdomes , o● Great Britain : the in building , a seco● story makes a Hov● 〈◊〉 House , though there ●e neither painted , ●or carved Image in ●t , no fretted roofe , no ●old nor ivory . Ca●or and Pollux●rung from one Egge , ●nd their signe is one Gemini : Thus is ●e Vnity of Brethren ●xalted even to a ●onstellation . That ●hich some years since was a motion , bre● some few moneth since a commotion namely , a necessity 〈◊〉 separation between England and Sco●●land : which diff●●rence might bette● have beene decid● with an Olive bran● than a Sword , as 〈◊〉 hope time ere long wi● make manifest . Wh● happinesse hath the Vnion of two Houses brought forth in this ●ne Kingdome ? and ●f there bee such hap●inesse in the Vnion of Houses , what will there be in the Vnion of Kingdomes ? a thing which might bee ●s easily continued as compassed , if some turbulent spirits did not disturbe the peac● of Sion . This ensuing Treatise I could not b● publish , as knowing ▪ to be so soveraigne ▪ Medicine for the Maladies of these Times . Wherein ▪ ( Gentle Reader ) ● thou finde as much benefit , as I delight● Thanke God , and the Author ; I have my reward . Farewell . SVNDRY OBIECTIONS against this ensuing Treatise . THE Objections pretended against this Treatise , are divided into foure severall natures or kindes : The first objection i● matter of generality 〈◊〉 common reason . The second is , matter of Estate domestique an● inward , or matter ● Law . The third is , matter 〈◊〉 Estate forreine , or ma●●ter of intercourse , 〈◊〉 commerce . The fourth is , matter 〈◊〉 Honor or reputation . The matter of genera●lity , or common reason as concerning all in generall , is also divided into two parts : First , that there is , nor can be pretended no cause ●f the change . Secondly , that there is ●o president of like change , neither ancient , nor moderne , forreigne , or domestique . The first Objection therefore is : that in constituting or ordaining of any innovation or change , here ought to bee considered either a generall necessity , or evident utility but that we finde no grief in our present estate , an● foresee no advancemen● to a better condition by this change ; and desire that it may be shewed unto● us . The second Objection that we finde no presiden● at home nor abroad , o● uniting or contracting of the names of two several Kingdomes or States int● one name , where the Vnion hath growne by marriage or blood . And that those examples which may be alleadged , as far as wee can finde , or understand , are but in the ease of Conquest . Matter of Estate domestique , or inward , or matter of the Law , is divided into these three maine heads following . The first , that the alteration of the name of the King doth inevitably and infallibly draw on an erection of a new Kingdom● or estate , and a dissolution and extinguishment of the old ; and that no explanation , limitation , or reservation can cleare or avoid that inconvenience , but i● will he full of repugnancy and ambiguity , and subject to much variety and danger of construction . The second is , an enumeration or recitall of the speciall or severall confusions , incongruities and mischiefes , which will necessarily and incidently follow in the time present . As in the summoning of Parliaments , and the recitals of Acts of Parliament . In the Seals of the kingdome . Jn the great Officers of the kingdome . In the Lawes , customs , liberties and priviledges of the kingdome . In the residence and holding of such Courts as follow the Kings person which by this generality o● name may be held in cou●●land . In the severall and reciproque oathes , the on● of his Majestie at his Coronation , which is neve● iterated ; the other in the oathes of allegiance , homage , and obedience , made and renewed from time to time by the Subjects . All which Acts , instruments ? and formes of policy and government , with multitude of other forms of Records , Writs , plead●gs and instruments of a ●eaner nature , run now ●n the name of England , ●●d upon the change would 〈◊〉 drawne into incertain● and question . The third is , a possibi●●ty of alienation of the ●rowne of England to the ●ne of Scotland , in case 〈◊〉 Majesties line should determine : ( which God of ●s goodnesse defend ) for if it be a new erected kingdome , it must goe in t● nature of a purchase , 〈◊〉 the next heire of his Majesties fathers side . The matter of St●forreine , or matter of 〈◊〉 ●●tercourse and commer●● consisteth of these th●●● points following . The first is , the League Treaties , forreine Fredomes of trade and tr●fique , forreine contra●● may be drawne in ques●●on , and made subject quarrell and cavillation . The second is , that the Kings precedency before other Christian Kings , which is guided by antiqui●● of Kingdomes , and not ●y greatnesse , may be en●angered , and his place turned last , because it is ●h newest . The third is , that the ●lory and good acceptation of the English name and ●ation , will be in forreine ●arts obscured . The matter of honou● and reputation stande● chiefly upon these fou●●maine heads , or points following . The first is , that 〈◊〉 worldly thing is more de● to men then their name 〈◊〉 as we see in private fam●●lies , that men disinheri● their daughters to con●nue their names ; muc● more in States , and whe● the name hath been famous and honourable . The second is , that the contracted name of Bri●aine , will bring in oblivion the names of England and Scotland . The third is , that whereas now England in the stile 〈◊〉 placed before Scotland ; ●n the name of Britaine that degree of priority or ●recedence will be lost . The fourth is , that the change of name seem harsh at the first , in the popular opinion , and something un●leasing to the Countrey . THese precedent objections , and many other pretended against the happy uniting of these two famous king●omes of England and ●cotland , the Reader shall finde sufficiently answered in the ensuing Treatise , by the Author , to his full satisfaction and content . THE ●E-MARRIAGE Of two famous Kingdomes , ENGLAND and SCOTLAND : ●●duced into one Great Brittaine , ●y the providence of one God , the ●iety of two Kings , the unity of ●oth Nations . By way of answer 〈◊〉 former Objections . BY IOHN BRISTOL . IT was long before the Objections against the ●ntended happy union of both the Realmes came to my hands : b● having read them , 〈◊〉 could not hold m● hand from writing 〈◊〉 remove & cleare them esteeming them only 〈◊〉 great shew of big lo●● laid in the way , b●●tween the two emine●● markes shot at by t● soveraign Vnitor , namely , honour and happinesse : the one inseparably inherent in his m● royall person : the othe● assuredly intended 〈◊〉 Subjects benefit : whi●●●hings in apparant uti● , or urgent necessity ●e Objectors desire to ●e shewed them : for whose satisfaction , I have briefly examined , and answered every ob●●ction . The Objectors finde ●o president at home ●or abroad , of uniting 〈◊〉 contracting of the names of two severall Kingdomes or States ●nto one name , where the Vnion hath growne ●y marriage or blood : and say , that the examples which may bee alleged , are but in case 〈◊〉 Conquest . But I remember , that Charles 〈◊〉 France the eighth , 〈◊〉 Comineus mentioneth taking to wife the hei● of little Brittaine , annexed it to the Crowne● France , ruled it 〈◊〉 lawes , customes , a● priviledges of Fran●● and gave the Noble thereof place in Parliament in France : 〈◊〉 union is a strong keep of Imperiall Soveraignty , and is the very si●ewes of Weale pub●●que . But as Tacitus●ith , By divers lawes , ●er diverse Nations ●●bject to one King , ●uicquid est authoritatis ●ebis destruitur contra●●ctionibus . Charles the fifth uni●●d in the common ●ame of Spaine divers ●ther his kingdomes , ●hereof two of them , ●amely , Aragon and ●astile , descended to him in right of blood ▪ For he well knew , that the most eminēt in dignity is most honored 〈◊〉 Vnity : and that this truly called Prudence even the electing , or rejecting , the continuing or changing of forme● and uniting kingdome according to time , pla●● or persons : which gre●● vertue is not alwai● contained in certai● and the same bound but altereth it selfe 〈◊〉 occasion serveth , in respect of forenamed circumstance . But the Objectors acknowledge uniting of Kingdomes in case of Conquest . I marvell they doe it not much more by right of blood : for in that Vnion of constraint , there is ever doubt , and dread for continuance thereof , as is well said : Malus cu●tos diuturnitatis metus : but in this by right of ●lood , God giveth bles●ing to natures work . First , in the great majesty of the high at supreame Governou● where one mighty Monarch is of more command and power , the a King of divers disti●guished Kingdomes . Secondly , in 〈◊〉 more facility of the government , where people under like law are more easily rule than under divers law ▪ And thirdly , in t● more security of the g●●verned , who being with like equity of ●wes , will one love and strengthen the other : but being divided , ●oe oftentimes under●ine , and practise sub●ersion one of the o●her . Vires imperii in ●onsensu sunt obedienti●m : tolle unitatem , & ●mnis imperii contextus in ●ultas partes dissidet . Which consideration made King Henry the ●ighth rightfully assuming the title of King of Ireland , by voluntary Vote in Parliament o● the Lords and Com●mons of that King●dome , ( albeit the King of England were be●fore that time , but cal●led Lords of Ireland● yet now changing hi● Stile , to endeavour b● just lawes to cause the Irish change as wel● their apparell , as lan●guage , and divers thei● old formes and forme● lawes , and to reduc● them into forme o● English fashion , eve●●gainst their former cu●tomes and conditions . ●t is then a matter not only of utility and ne●essity , but also of rea●on and justice , that a King in right of blood ●olding two King●omes or States , doe ●nite & contract them ●nto one name and na●ure , specially Kingdomes of one continent , and which in ancient times were but one , till ambition and contention divided them . And this ma● stand for answer to the Objectors first main head of matter , of Esta●● inward . Now where it is fa●ther alleaged , that the alteration of the nam● of the King , doth in●vitably and infallibl● draw on an erection o● a new Kingdome , and dissolution and extinguishment of the olde herein verily I think the matter is much mistaken ; for the change o●●●me , is not so rightly 〈◊〉 be tearmed alteration 〈◊〉 new erection , as re●●●tution and reparation ●oth of name and ho●or : for divers his ●ajesties most noble ●ogenitors , have here●●fore been entituled ( as ●hronicles tell us ) ●●ings of all Britaine : as ●enry the second , King 〈◊〉 all Britaine , Duke of ●ascoine , Guien , and ●ormandy , whose son ●●hn had also in his ●oine stamped , as is to be shewed , Johan● Rex Britonum . And before the conquest of t● Saxons , it is certai● that the whole I le w● called by the name 〈◊〉 Britain . But Saxons e●tring at disadvantage● that mighty Natio● consumed by death a● famine , conquering t● remnant of people of ●mous Britain , enforc● them to distinguish a● divide themselves 〈◊〉 flying into mountain and fortified plac●●d afterward King ●bert , utterly to roote ●t the remembrance 〈◊〉 great Britaine , com●nded that the Land ●ould be called no ●ore by that name , ●t England , and the ●ople , Englishmen . ●t Egbert is dead , his ●wer weake , nay ●ne at all : let none ●erefore feare to re●re his Country to 〈◊〉 olde name , and an●nt honour : for Eg●rt , I say , is dead , and King CHARLES ●veth , Et vivat & vin● Rex Carolus . This , I say and e●force againe , is a mat● also reasonable , ju●utile , and necessary , s●ing the Soveraign bri●geth in no innovatio● of a new name , but ●stitution of the old , 〈◊〉 dissolution , but forti●cation , whereto I kno● none will subscrib● which either envy t● Kings greatnesse , 〈◊〉 kingdomes happiness● But let none mar●ll , why it hath not ●is long time been re●uced into his former ●ame : for the diversity ●f kingdomes , being made divers by war ●nd conquest , and ha●ing heretofore divers ●ings , could not in rea●on or justice endure it , ●or under any colour of ●tility , or necessity , un●ergoe , or conclude it . But now seeing our soveraigne Lord the King , being rightfully descended of all the Kings & Princes , whi● heretofore raigned a● ruled in England , Sc●land , or Wales , as 〈◊〉 only hath power to ●●store all into one 〈◊〉 former title and dig●ty , so let none thin● this his Princely a● just pleasure , a ne● erection , but restitutio● of olde , where it is mo● reasonable and just , 〈◊〉 extinguish the name lesser continuance , the the name which h●●ntinued and been fa●ous by the space of ●37 . yeares before ●hrist , and 688. after ●s Incarnation , which ●hole computation ●ommeth to 1825 years . ●nd where it is most ●onourable by just de●ent in right of blood , ●ot only to change , but 〈◊〉 abolish the name ●mposed by a Con●uerour to the disho●our of a Nation : ●nd where , for ●ught I understand , the matter is not so d●●ficult , nor of that inco●●venience and dange● but may with mu● ease and safety be do● with salvo jure , or oth● reservation and expl●●nation , as the wise an● learned in the law● can at large devise when they list , five no● excogitent , sive antiq● restituant . But for example , 〈◊〉 bring the uniting 〈◊〉 Dane-Lex , and Merci● Lex , by Edward th●●onfessor , which was ●ot prejudiciall to any , ●at ever I could reade , ●ut profitable and ●eedfull to all , in the ●olishing of divers old ●wes , and ordaining ●vers new , and ma●ng Lawes to all , all ●ne : done no doubt with due respect to ●eale publike , with ●eedfull limitation and ●ue consideration of ●en , matter , time , place , ●nd other circumstance . Neither doth any new erection and exti●●guishment of olde , 〈◊〉 necessarily conclude 〈◊〉 convenience full of ●●pugnancy , danger 〈◊〉 construction and co●●fusion , as is pretende● but may in this case ( 〈◊〉 beata omnium vita mo●●ratori est proposita ) as e●●sily bee cleared and ●●voided , as it was wh● the principality a● Country of Wales w● by Parliament incorp●●rated and united un● the Kingdome of En●●●nd , and all the Inha●●tants thereof made ●●uall in freedomes , ●●berties , rights , privi●●dges , lawes , and in all ●●her respects to the na●●rall subjects of Eng●●nd , and all inheritan●●s made of English te●●re , to descend with●ut division , or partiti●n after the manner of ●ngland : and the ●awes , Statutes , and ●rdinances of the realm ●f England , comman●ed to bee executed and put in pract● within the country a● Principality of Wal● So as now in this ne● erection and dissolu●●●on of the old , 〈◊〉 Welshmen with us , a● we with them , a●●knowledge joyfull● one only Governo● and one only gover●ment , where the m●●jesty of the Governo● is equally supra nos , a● the justice and equity 〈◊〉 the government equ●ly pro nobis : where● ●ertus ordo in jubendo & ●arendo . Which certain ●nd the same course and ●rder of commanding ●y the King , and by his Lawes , and of obedi●nce in subjects , is a ●trong tye , and as it were a vitall spirit , ●olding in one infinite ●housands : where Re●ere , as the Philosopher speaketh ? is reckoned ●nter necessaria , and Regi inter utilia . Againe , could seven kingdomes of Saxons bee reduced into one and in good time , all their divers Lawes 〈◊〉 whereby the divers● subjects of those seve● divers kingdomes wer● diversly governed , be● brought into one form● of civill governmen● without repugnancy 〈◊〉 ambiguity or dangers and shall we thinke it 〈◊〉 matter of such difficul●ty , to unite onely two kingdomes , which do● not much differ in manners , lawes and customes ; saving such laws & customes as were formerly ordained on each part one against ano●her , when they were enemies , or scarce friends one to the other ? Which ●aws doubtlesse all will say , must bee abrogated , ●hat in further proceed●ng to union , wise men , with grave consideration may conclude it , for good of both Nations , without offēce , as in former times much more hath bin done with less 〈◊〉 doe . An Empire of many kingdomes thus reduced into one , is not unlike the Firmament o● heaven , which God hath adorned with the two great lights , the Sunne and Moone , and other Starres , even the whole army and ha● mony of the heavens in one Firmament . Wh● so throweth a ston● against heaven , saith the Wise man , it will fa● upon his owne head And if any one standing alone from the rest , speaketh against and oppugneth this Vnion , better it were ( saving my charity ) that Vnus ille periret , quam Vnitas . Touching the enumeration and recitall of the speciall or severall confusions , incongruities and mischiefes , which in the Objections are in the second place , of matter of Estate inward , pretended , I briefly answer , that there is no feare of confusion in true and perfect Vnion . Which thing the mighty Alexander , renowned for fortitude and policy , well knew , who is much commended by Plutarke , that ( where Zeno chiefe of Stoickes framed an Idea of best Common-wealth , such as was not divided by countries and contrary customes , but was as all one , of one kinde of life , and as one flocke feeding in one pasture , under one shepheard ) Alexander I say , put that in practise which Zeno but imagined : for saith Plutarke , not as Aristotle Alexanders Master taught him , so did hee , living as a father to the Grecians , and cruell Commander over Barbarians , respecting some , and neglecting others : but he reconciled all into one , mixing mens lives , lawes , names and marriages together , and perswading that none were Aliens and strangers among his subjects , but such as were evill men , accounting all good men , as one man . Now I conclude this point , that there is no confusion , incongruity , or mischiefe to be feared in that Vnion , where our most rightfull King sitteth , not by conquest of sword , but by right of royall blood , in the seate of his most noble Progenitors : and not as Alexander , who by conquest sate in the seate of Darius among Persians : nor as Xerxes who joyned Asia and Europa together with a woodden bridge over Hellespont : but as all other most mighty Governours , and the best kings have ( by a golden bridge of likenesse , of love , of equity , of laws , and of common comforts of society and joy , ( all which were both profitable and needfull ) joyned together two or more kingdomes , for their owne greater honor , and subjects more undoubted happinesse . Which thing likewise that noble and valiant Trojan Aeneas long sithence put in use , who by Vnion , even of divers nations , Omnis eodem nomine , & eodem jure Latinos vocavit . And thereby as Livie reporteth of him , he made many and divers nations as one people , most familiar , and most friendly together . Doe not divers Sun-beames come from one Sun , and all they of one nature ? Are not divers lines drawne from one Center , and all they of one fashion ? Are not divers boughes from one tree , and all of the same substance ? And may not divers people under one Prince , though they are divided in persons , yet be united in Lawes ? and though they bee sundred in Countries , yet be knit together in hearts , specially if emulation cause no incongruity , nor disorder confusion , nor strife mischiefe , only with saving each mans honor , with continuance of each good custome , and with furtherance and establishing the common good of weale publique ? The king is the countries Parent , who by Vnion , non servos , sed cives cogitat : and as Iupiter was said to be Rex omnibus idem ; so would his Majesty be idem omnibus , one head to one body . Wherefore if hee desire to unite the two kingdomes , and to account them one , and as one beloved sonne ( whose life is deare , and whose happinesse joy to him ) that all subjects as one sonne , in common apparant utility , might participate common patrimony of just Lawes for Weale publike , let none be so hardy ( with the harlot in the daies of Solomon ) to say to the King our common parent ; Divide the childe , and cut it into two parts ; lest such division part that into two , which God in nature first made one : and now in his greater goodnesse hath restored , in the royall person of our gracious King into one : what God hath so joyned together , let no man put asunder . For hereof may arise plaine incongruity , and fearefull inconvenience , which may farther grow into confusion and mischief . Only I pray them , which object against the happy Vnion , to set before their eyes , and to consider with their hearts , the grievous contention between the divers people of the kingdome of Israel and the kingdome of Iudah : for albeit the two kingdomes were united in the person of David their king , yet for want of more perfect Vnion in lawes and love , there arose heart-burnings on both sides : for Israel complained : The men of Iuda have stolne the king from us : and they of Iuda challenged , that the king was nearer in blood to them , than to Israel : and Israel againe replyed , that they had ten parts in the king , and therefore had more right to him . But what in the end grew of this contentiō & emulation ? consider I pray , and prevent such inconvenience and mischiefe : there was not any one among the Tribes in the second generation that followed the house of David , but Iuda only : Omen avertas Deus . When I was but a yong scholer , I learned to call that aequivocation , which was Corpu● monstrosum , under one name of divers formes : as homo pictus , and homo vivus agree in the name of man , but not in the same reason , definition , and nature : so I can call the agreement of English and Scottish only in subjection to one Soveraigne , but without farther Vnion of lawes and true love , not lively and indeed , but painted and in shew ; not substantiall , ●ut aequivocall ; not re●ll , but nominall : name●y , in the King , as in the head , which is but one : ●ut not in themselves , ●s in the body , which ●ikewise is , or should be ●ut one . This is true in●ongruity , wherof may ●rise such farther fearefull inconvenience , as I wish may bee to them ●hat hate the State , and the experience thereof ●nto the K. enemies . Touching the particulars of confusion , &c ▪ surmised by the Obje●ctors , I briefly answer first , that exception taken of summoning future Parliament , is no worth answer : for the stile and title of the kin● changed , may chang● also in future Writs . Secondly , the chang●ing of the Seale , is only charge of a new cut . Thirdly , the great old Officers of the kingdome , when they ( ye● most worthy of office ) ●oe hereafter weare ●ut , the kings Majesty ●hall afterward by this Vnion , have more ●hoice to prefer the worthiest : for his Ma●esty by this Vnion shall ●gaine more choice for ●ll the publike services , ●o be performed either at home or abroad . Neither may it be reasonable for any man , for private or particular respects to repine thereat : like to Cato his son , who feared lest by his fathers marriage h● might leese somewha● of his patrimony , and therefore murmured lest his father should beget more sons : bu● had his answer with a sound reply unanswerable : Son ▪ I desire to have more sons like thy selfe , good Citizens , and serviceable for the Common weale . Fourthly , touching lawes , customes , liberties , and priviledges , ●t is to be wished that the rigour of ours were somewhat qualified , ●nd the liberty of theirs ●omewhat restrained : ●either is it a new ●hing , in so large a ●ingdome , that some should be more enabled and honoured with priviledges than others , according to the Kings good pleasure , ●n whom dwelleth , ●nd from whom is de●ived all true honour . Fifthly , the feare of residence , or holding in Scotland such Courts as follow the Kings person , is the selfe same as if we feared , that without Vnion the king would hold personall Courts in Cornwall : or as if we doubted that such Courts , when our former Kings were personally in France , were not for all that kept a● Westminster . The sea● of judgement is the sea● of the house of David thither the Tribes goe up , and there the peoples feet stand , even in the gates of Ierusalem ; which Ierusalem is a City that is at unity in it selfe : at unity concerning matters of religion , at unity in matters touching publike justice and government : therefore the King began his Psalme 122. I was glad when they said to me : We will goe , &c. Lastly , the exception taken against Vnion because of the Kings oath at his Coronation , which is never iterated , is grounded on the selfe same reason : as if it were also alleadged , that because his Majestie sweareth to maintaine ancient and fundamentall lawes , therefore upon circumstance of time and occasion he might not alter any Law : but let it be remembred , that the Kings oath concerneth the Lawes and not the title , and we know the Lawes may be preserved , though the title be altered . And as for Subjects , I doubt not , but they may without danger , at the pleasure of the King , sweare their allegeance and doe homage and obedience after restitution of title , reformation of law , and Vnion of Kingdomes . And ancient Records doe no more leese their force by the change of England into Britaine , then by change of King IAMES into King CHARLES . And there is no more incertainty of pleadings , instruments , and writs , than when a plaintife deceaseth after seven yeares suite , his heire is put to begin , & commence his suite anew , & in other name . The heart of objections against Vnion being halfe broken , let us enter into the third consideration of matter of State inward , where is objected a possibility of alienation of the Crowne of England to the Crowne of Scotland , in case his Majesties Line should determine . But blessed bee God , our gracious Soveraigne King is blessed with a plentifull issue , and hath yet much farther hope . And I hope ( for which I pray night and day ) that his Majesties royall Issue shall not faile , so long as the Sun and Moone endureth . Neverthelesse , if some will not labour of the common bane of good wits , which is rather to dispute , than obey ; and rather to reason beyond reason , than yeeld to reason , ( more magis quàm judicio ) they may herein also easily answer themselves , that in uniting the two kingdomes , the second place in stile may be rather drawne to the next of blood in our Land , than the kingdome of England bee transferred to one farther off frō the Seem . Which thing , neither Henry the seventh nor Henry the eighth doubted , the one seeking to marry his eldest daughter Lady Margaret to King Iames the fourth of Scotland , hoping if his heire male failed , by that meanes to unite Scotland to England . And the other having his whole drift , to match his Sonne Prince Edward to Queen Mary , foreseeing in his providence the inestimable benefit of uniting the two kingdomes : for which cause many of the Nobles of Scotland , gave faith to doe their best endeavours . But it is a strange doubt , and cast beyond the Moone , to imagine , that Vnion of the two kingdomes doth so confound the State , and change the tenure , to bring it so into case of purchase , as it will necessarily subject England to Scotland , especially if his most excellent Majesty , of his singular tenderness and love to this his Realme of England , be pleased to effect and establish , that in case his Royall Issue ( which Almighty God of his infinite mercy defend ) should faile , that then by this happy intended Vnion , the Realme of Scotland should for ever be and continue indissolubly united , and annexed to the lawfull and rightfull inheritance , and succession of the Crowne of England , in the blood royall of the same . Now touching matter of State forreine , in answer to the first objection : I am well assured , that our forreine affaires were at worst in the opinion of all , at the decease of our late Queen , and our entercourse utterly decaied with many Princes : so as we need a kind of present renewing , which may be cōcluded as wel under title of King of all Britain , as of England . To the second it is easily answered , that the King loseth no precedency of place , as is imagined , specially antiquity ( as in the Objections is alleadged ) guiding it , and not greatnesse . For the Successor to King Arthur of Britaine , will bee worthy in the opinion of the whole world , of better place , then King Egbert of England . To the third , that if the name of England ( as is imagined ) be obscured , the name of famous and great Britain will be illustrate , memorable in times past to all the then knowne Nations of the earth . Touching matter of Honour , it is certaine and evident , that the name of England , though it hath beene worthily most famous and great , yet is not equall to the title of great Britaine , when England and Scotland are reunited , either by reason of honor , or of power . All Histories remembring unto us , that the Britaines long time resisted the mighty force of Romaines , Lords , and Conquerours of the world . And albeit some fathers can be content to disinherite their own daughters , to continue their names , ( as is inferred in the objections ) and therfore inforced , shold be much more in States , specially where the name hath beene famous : yet for my part , I account such parents unkind and unnaturall , where self-love of their name , maketh them forget themselves , and forsake their owne flesh . I will not urge here the law of God , of nature , and of most nations where daughters inherite , & names grow extinguished . But this is a vaine respect only of name , wherof is spokē ; to get a name on earth , and to think their name should never be put out : whereas so many countries , so many people , so many persons , have either lost or left their former name , and most willingly have been called by another name , Gaudet cognomine terra : ( Virgil Eneid . lib. 6. ) That countrey rejoyced to be called by a new name : how much more should our Land imbrace this name of Britaine ; and yet not new , but indeed his old proper name renewed , and as it were redivived and restored from the dead . Or be it simply losse only of a bare transitory name ; yet as the Prophet Esay speaketh , Chapter 56. ver. 3. Let not the Eunuch say , Behold , I am a dry tree , my name shall perish with mee . Let us rather regard that name which God promiseth to them that serve him , saying , ( Esay 65. ver. 5. ) Even unto them will I give in my house and within my pallaces , a place and a name better than of sons and of daughters : I will give them an everlasting name which shall not be put out . The argument of Oblivion deserveth no answer , but silence and forgetfulnesse : and yet I doubt not , but famous acts of Noble English men , will as well by Chronicle bee remembred to posterity , as the glory of renowned Britaine Record remaineth to this day , neither will either be forgotten to the worlds end . The Stile of England now placed before Scotland , doth no way prejudice the Vnion by losse of precedency : for when all is one , there is no subsequence : onely Honor is due to him , who is to be honoured ; and much honour to him , that is much to be honored : which thing in the Vnion may easily bee provided for , and other pretended inconveniences prevented . Lastly , the Prejudicating the popular opinion , to whom ( as is objected ) change of name will be harsh and unpleasing , is in mine opinion a wrong done , and imputation laid upon the people , who I know ( for the most part ) being a wise nation , and ( I am sure ) most loving subjects to the Kings Majesty , have learned obedience and duty , and will therefore rather joy in the content of their good and gacious King , then any way murmure at his demand : knowing , that the Empire , ( as Livie speaketh ) is firmissimum , when eo gaudent obedientes , who doubtlesse with one voice and heart submit themselves , and say to their Soveraigne : Esto nobis solus arbiter rerum jure , & nomine regio . And as for Harshnesse of the strange name , use will easily make it familiar . As Horace saith : Multa renascentur quae jam cecidere , cademque Quae nunc sunt in honore vocabula , si volet usus . This pretended unpleasing harshnesse is no more , than the nicenesse of a Virgin , who is as loth , and maketh it dainty to leave her fathers name , yet afterward married to a husband , taketh greatest comfort in the name of her husband , in whom shee glorieth , and by whom shee enjoyeth all her worldly joy . And yet need not England be so nice as if she were a virgin , who like a widdow hath so oftē changed her name : but may take pride , as widows do , to bee called by her most honourable and most glorious name . Thus having briefly run over the objections , and withall carried in open view in mine answer due consideration both of evident utility , and urgent necessity , I will be bold with additions of more reasons , yet a little farther to proceed in the perswasion of this desired happy Vnion . God , alwaies blessed and to be honoured for evermore , who is Trinity in Vnity , and Vnity in Trinity , three persons , and but one God , doth by influence of his holy Spirit , give divers gifts and graces to beleevers , of what country or condtion soever they be , & governes them by holy Law , and uniteth them in the same faith , though diversly scattered among all the Nations of the Christian world : that hereby the gods on earth , whom he hath placed to rule over many and divers kingdomes upon earth , might learne by the same Lawes in things humane , and same religion in matters divine , to preserve Weale publike , and Christian Society among men . But the ambition , and frowardnesse of many , desirous rather to be distracted into divers names and countries , and to be ruled by divers lawes and customes , doe oft times hazard the Common good and peace of the Weale publike : where two kingdomes so divided under one Soveraigne , are not unlike the rich treasures of pearle and gold , laid up in one Ship , by contrarieties of divers windes to be driven upon rocks with extreamest danger : as is said in Tully , of dividing and distinguishing desires into severall parts and members , in such diversities and differences : Hoc est dissipare , & non distinguere , frangere , & non dividere . Which thing is to be feared by not uniting , but keeping the two kingdomes still in parts , when upon every discontent in Scotland , as at a backe doore passage may be given for a forreine enemy , soone to weaken a divided power : as Cyrus the Persian soone emptied that great and deep river , otherwise unpassable for his soldiers , by drawing it into divers channels . And why should not we feare such and greater evils , if as Virgil laid infamy upon us , calling us , toto divisos orbe Britannos : so we be content to adde greater infamy to our selves , and become toto in orbe divisi , divided within our selves in the sight and view of the whole world ? But I hope and wish for better things , that by Vnion in name of Britaines , we may leave to be any longer divided into English and Scottish ; as rivers of divers names meeting in the Sea , receive one and the same name : the rather , because the elements of fire and water , of earth and aire , being of repugnant qualities , yet joyned in one body , doe agree in one forme , as in a Medium uniting and mixing them together : much more , divers kingdomes oft times heretofore at war and discord , yet now being united into one body , of one name and nature , qualified by equall mixture , of Law , Manners , Honors , Marriages , and such like , may be made perfect in one forme , and have a beeing not as English and Scottish , but as Britains , knit together in that third and renowned name : that the Maxime may be verified in us : Qua in aliquo tertio conveniunt , optime conveniunt . I confesse , that some lawes of ours may bee thought too streight for them , and some liberties of theirs unfitting us : but let all be wrested alike , pulling some up , and letting some downe , and in pleasing harmony we shall find , as Tully saith : Commune & aequabile inter omnes jus : where will be no strife , as was betweene Esau and Jacob , undermining and deceiving one the other of blessing and patrimony ; but all love , and unity , and concord , and content , as if all were not twins , but one man , even one heart in one body . And now if Iphicrates , that valiant Leader were againe living , and asked , whether he were under the now imperiall Majesty , this or that , English or Scottish , or among , or over them , an horseman , an archer , or a Leader ; he might truly answer , as sometimes he did in like case : No , not any of these , but I am he , who knoweth under him whom I serve , to command and governe all these , as if they were but one man : Vnius Ducis imperium simul sentiunt omnes copiae . Thus in warre and tumult , much more in quiet peace , may it be said : Divers subjects ad nutum unius Regis , & ejusdem legis omnes simul respondent . So powerfull is the force of Vnion , that una Via being director , for law , and Cor unum performer for obedience : the law enjoyning obedience , and obedience executing Law , the Prince cannot command what the people will not obey : and the people will obey what the Prince commands , and Vnity among them will uphold all : Vnum imperii corpus unius animo regendum videtur : & so likewise , Ejusdem juris esse debent , qui sub eodem Rege victuri sunt . But rule of two kingdomes without uniting them , is to give occasion to either part to look backe for an olde grudge , Vbi antiqui odii pertinacia in publicum stimulat exitium : which I feare would be , as the going backe of two Rammes , more fiercely to butt at , and beate one the other : where held both together in like yoke , one cannot easily offend or force the other . Sic enim immensa multitudo authoritatis quasi spiritu regitur . And where it is of the nature of man not to endure all servitude , nor all liberty , but to strive to shake off the one , and to be weary of the other ; it is certaine , that equity and equability of like lawes to a divers people united in one , will make them ( which otherwise feare servitude ) to enjoy freedome : and those which seeme most free by former priviledges & immunities , to feare servitude , if they transgresse their bounds : for such Vnion and equity is communis custodia , & principatus & reipublicae . But faction and ambition , are the father and mother of intestine calamity , Civill war , and deadly feud . Who so loveth this , will never like that ; neither is he of the body , but of the toes and feet of that image which Nebuchadnesar dreamed of , Dan. 2. whose head was of fine gold , whose breast and armes of silver , whose belly and thighes of brasse , whose legs of Iron , and whose feet , part of Iron and part of Clay . Silver , Brasse , and Iron are metals easily mixed , but Iron and Clay will not by any meanes melt and joyne together . Kingdomes divided are prefigured in the Iron and Clay , they are partly warlike and well governed , & partly weak , factious , and seditious : they agree not to the King their golden head , and though they ( as the Text saith , verse 43. ) mingle themselves with the seed of men , yet joyn not one with another , but are as Iron and Clay , which will not be mixed together . The Poets call this latter age Ferrea : let us which live in it prove them Poets , and not Prophets , that so being joyned to our golden head in all obedience and duty , in all love and zeale to our Countrie , and in Vnitie among our selves , God may still showre down his wonted favours upon Church and Common-wealth ; and that wee may still bee thankfull , returning him the glory . FINIS . A SECOND PART to the precedent TREATISE . THE State of England , and Scotland may bee resembled to the condition of Israel , and Iuda , not only for emulation , who have most right to the Royall person of the Kings Majesty , for their defence , and government ; but also for that the two kingdomes were at first both but one . Besides , God , as he speaketh by his Prophet Hosea , Chapter 11. did also at first alike leade both them , and us , With Cords of a man , even with Bands of love . And as it pleased God , for sinne of people to breake those Bands , even both the Staffe of bands , and of beauty , to dissolve the brotherhood of Israel , and Iuda , ( as saith the Prophet , Zach. 11. ) so , for the iniquity of our forefathers , God brake the Staffe of bands , signifying mutuall love , and also Staffe of beauty , signifying order of government , and brought in upon them , and upon their posterity , even to these our later daies , as Esay saith , Chapter 9. A staffe of division , and yoke of burden upon theirs , and our shoulders ; which now for all that , out of the riches of his mercy , he hath also broken in pieces , making all one againe , as hee spake by his Prophet Ezekiel , concerning Israel , and Iuda , ( Chapter 37. ) saying , I will make them one people in the land , upon the mountaines of Israel , and one King shall be King to them all , and they shall be no more two peoples , neither be divided , any more henceforth into two Kingdomes . This foundation laid , as project of our whole purpose ; The truth sheweth it self how two kingdoms , severed in place , not much differing in lawes , nor dissonant in language , but only disagreeing heretofore in neighbourhood , may be comprehended under notion of one name , specially seeing , when one ruleth both , and both become Subject to one , they are no more two , but one body , linked in like duty , and knit together in one band of obedience . To doubt this is in Strangers , ignorance , but in Subjects , a great offence . For who so considereth that many Shires , with the principality of Wales , heretofore made one England , cannot but confesse that likewise England , and Scotland , with all their territories , Islands , Shires , and Countries make now one great Britaine , and all the people of both the mighty Nations , Britaines ▪ and that the Kings Majesty hath done as princely an Act in uniting both the kingdomes into one name , as he did in uniting the Armes of both the Realmes into one Scutchion , having a like right in both . For all great Britaine being his Majesties inheritance , all his Subjects within that continent are Brittaines . Iust , and reasonable was the demand of Annius , chiefe Governour of Latines , in uniting Romanes , and Latines , saying , Ex utraque gente unum oportet esse populum , unam fieri rempub : eandem imperiisedem , idemque omnibus nomen . And albeit the Latines were content , for sake of Weale publike , to prefer Romanes before themselves , and be called by their names ( as the History there farther reporteth ) Quoniam ab alter utra parte concedi necesse est ( quod utrisque benè vertat ) sit haec sanè patria potior , & Romani omnes vocemur : neverthelesse the case not standing so with us , that Scottish should be called by our name , nor we by theirs , methinkes , a third name of great Britaine might easily , and equally please both : otherwise as King Deiotarus cut off all his children , saving one , because he would leave the kingdome but to one : so should English , swallowing up name of Scottish , or Scottish drowning name of English , prove such a Vine , which to bring but one grape to ripenesse , is content that all branches be cut off , but one . But the question here is not , which of the branches should best prosper , but how all the branches may flourish , which abide in the Vine : and verily the question carrieth in it selfe his answer . Abide in the Vine . This Vine is but one , though of many branches , and much fruit . And thankes be given to God , that his Majesty K. Iames of blessed memory , by publique Proclamation , divulged the inserting and fast grafting of each branch , and all fruit into his owne Royall person , as into a fruitfull and flourishing Vine , even into the head of the whole body , of how many soever parts consisting . Wherein his Highnesse laid the first stone , as he was the true and only foundation of happy union : and yet , as yet , like Apelles fashioning only the exquisite and most excellent beauty of Venus in the head , but I hope also , and will pray for perfection in the rest : that the saying may be true . Rex velit honesta , nemo non eadem volet● and that an universall union may be as happy in successu , as it is most just by Proclamation in inceptu . That the head going before , the whole body may follow after in imitation , to worke out perfection of the desired happy union . That it may be verified , quod diu parturivit tandem peperit ; and what God had in his providence long purposed , is fulfilled in these our happy daies . And that by no meanes that of the Poet may be imputed to us , either by disobedience to our head , or disagreeing among our selves , Human● capiti varias i●ducere formas ▪ Grammarians doe observe , that Metallum , is so called , quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , that is , post , & {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , that is , aliud , because there is scarcely found no veine of Mettall , where is not more of that sort adjoyning to it : so among English and Scottish , they are not to bee thought of the true metalline Mine , but as drosse , and canker , corrupting , and consuming each other , which joyne not in the universall name of great Britaine , so to continue , and dwell together , to grow up and agree together : seeing nature hath made them all of one kinde , forme , complexion , habit , and language growing together . And verily divine is the mistery of union ( whether the provident wisdome of nature from God hath ingendred it , or the skill of mans reason hath observed it ) where one of , and in it selfe , doth out of it selfe poure forth innumerable formes of things ; as Brittaine doth even two kingdomes , and the principality of Wales , with many Shires , Rivers , Islands , and people , and yet containeth them all within it selfe : one having many , many making one ; where one of many is not divided against it selfe , and the many in one make no division to overthrow the whole ; but all are the same ; whether we respect union , or division . And this doubtlesse is a divine power , or celestiall vertue , not only for our purpose , but compassing , and passing through the whole world , making things either simple , or conjunct , but one ; subsisting , by , and under the divine essence , which is one ; and consisting in all his members , and parts united , but one ; where each , and every part of this universall world , respecteth the whole , otherwise innumerable , but brought by union to a number , without number , even beginning of numbers , which is but one . And this is most agreeing to the conceit of wisest Philosophers , skilfull in natures Secret : teaching , all ( whatsoever is ) to be but one : and that in the universall nature of things there is an agreeing amity , and intermixed affinity , where all the parts of the whole world accord , by one transfused continuate spirit among them , being compact together with one and the self-same agreeing force , and forceable agreement of nature , proceeding from one beginning , continued by one meane , and referred to one end ; every particular being knit together with the whole universality and diversity of things , and wrapt up in one round orbe together , that as parts of this world , they may dwell in one Center , or Circle together . To shut up many things in few , and to shew how certainly all things are contained in one , and one doth comprehend all , verily in Schooles of Philosophers , it is an infallible Maxime , that all things are communicated in one ; Vnum hoc praeque omnibus unum . This one is all in all . Ruunt autem omnia , ubi unitas non firmamentum , diffluunt , ubi non coagulum . The demonstration in our intended purpose , is plaine . Many villages make one Shire , many Shires one Kingdome , many Kingdoms one Imperiall Monarchy : all which is Britaine , and Britaine all these ; and the Kings Majesty possessing , and governing Britaine , possesseth , and governeth all these : and the Subject , knowing Britaine , knoweth all , and every of these ; for all these are one , and this one is all these . That as this excellent workmanship of Vnion sheweth it selfe in the mighty Masse , and fabricke of the whole world , so much more particularly , and plainly doth it appeare in a modell of the same , even in the name , and honour of great Britaine ; where every Subject ought clearely to see in himselfe , that though hee be termed the little world , and compact of infinite variety , and multiplicity of things , yet is he not two , but one man . Here let the neare neighbourhood , and conjunction of man , and man , in mutuall society , and participation of profits , which man hath with man ( where two friends are but one , and not parting meum , and tuum ) confesse ; that though they are in person two , yet indeed doe , with idem velle , and idem nolle , enjoy the fruition of heaven , with the same aspect , and the commodities of the earth , with the same minde ; where all things are common to both , and yet proper to each one . All which things are alleadged to shew that as every kingdome , and State of the world is upheld with one and the self-same power and life , wherewith the universall world consisteth ; So now it concerneth all , and every one Subject , both of England , and Scotland , to participate in the common obedience , transfused into all , under the government of one . Where sacred unity is guide , and director , there , even from distinct nature , use of mutuall society , and good of weale publique , many are knit together inseparably ; and great , and infinite numbers of all sorts of people , are contained in one narrow compasse of neere conjunction ; for so the most populous and powerfull Kingdomes , though two , or moe , under one Soveraigne , seeme to bee , but as one whole body , And the whole body of Weale publique in subjection , and obedience , but as one man : Sic enim omnes aequo jure parent omnibus imperaturo . And as in all things , so specially in this , are we bound to render all praise , and thanksgiving to that thrice sacred Vnity , from whom , as from the first author , and fountaine , is sowen abroad in the world , that fruitfull seed of constant unity ; whose force draweth many of one houshold to be of one minde , and is ever doing good , in its owne nature , keeping Israel together , like a flock of sheep . Neither is it an hard matter to unite , and keep them together , who live under the same climate of heaven , and are of like language , manners , countenance , lawes , customes , forme of body , fashion of behaviour , yea , and religion : à religando · Rightly called the chiefest band of hearty union . For though the Island Salamis be controverted between the Athenians , and Megarenses , yet must it be adjudged to the Athenians , because they lived after the same fashion and lawes ; as now the skilfull in the lawes of this land easily acknowledge what congruity and affinity is between most of the ancient lawes of both our Kingdomes , more then is to be found between those of any other two nations . And albeit the Towne Sidas bee controverted between the Athenians , and Boetians , yet Epaminondas will adjudge it , to the Boetians and not to the Athenians , because the Athenians called an apple Malum punicum , but the Boetians called it Sidas . There is between English , and Scottish small , or no difference , nay now none at all , in union all being Britaines , not so much as between Gileadites and Ephraimites in pronouncing Shibboleth , for Sibboleth , but all are of one language , and even of one Canaan language , only a little River Twede is common limit , or rather imaginary bound to both : and all from Twede Southward , is Britaine within Twede , and all from Twede Northward , is Britaine beyond Twede , yet both on this side , and that all but one Britaine ( non nos mare separat ingens , exiqua prohibemur aqua ) as all France hath formerly been divided into two parts , the one beyond the Alps , the other within the Alps : and all India Westward within the River Gange , and Eastward beyond Gange . And all Scithia within Imaus , and without Imaus . And though the Island hath beene long time divided into two Kingdomes , yet England it selfe hath oft times of divers been called Britaine , as by a Sirname : and if pars pro toto , might have that denomination , much more ought the whole , being now made one . Therefore Linacre and Grocinus of the one part called themselves Britaines , and Iohannes Major of the other , affirmed that the Kings of England , and Scotland wanted good Councell to advise them to marry together , so to make of both one kingdome of Britaine : and that only envious men , and they who neglected the Weale publique , did hinder this union of peace . Which thing King Henry the seventh , and King Henry the eigth , wisely foresaw , seeking by marriage to unite both kingdomes into one . Discordantis saepe patriae non aliud est remedium , quam si ab uno regeretur . Therefore the wise men have most religiously observed two beginnings of things ; one of evill , divisible , imperfect , manifold , called duallity , or Binarius numerus . Another of good , indivisible , perfect , and in name and nature , alwaies one , called unitas . If Duallity , or Binarius , as cause efficient beare sway , then in the aire breed intemperature ; if in Cities , Families , or Kingdomes , wars , and discord ; if in the body diseases ; if in the minde of men , vice , and wickednesse . But where union possesseth chiefe place , her fruits are , to the aire wholsome temper ; to Cities , Families , and Kingdomes , mutuall love , and joy ; to the body health and strength ; and to the mind , vertue , & godlines . For unity admitteth no duality , knoweth no contrariety , and by consequence no● infirmity . But Duallity seduced Adam in disobedience , seeking to know , as well evill , as good ; who before , was sole Monarch of the whole earth , and was wholly good , and perfect , both in Body , and Soule , untill he drew with a double twisted cord of contrarieties unto his body , in stead of health , sicknesse , and infirmities ; and unto his soul , in stead of Righteousnesse , sin , and misery ; needing now to strengthen his body , bread ; and to repaire his soule , grace ; even for body , and soule Gods mercy . For so he turned the Monarchy of perfect good , into a Monomachy , or duellum of good , and evill , sinne , and righteousnesse , peace , and war , joy , and sorrow , sicknesse , and health , yea life , and death . And now when the sole Monarch of the whole earth , left off to abide in the common obedience , and universall union of all things to his Creator ( albeit all the creatures were before in voluntary subjection , united also to their sole Monarch Adam on earth ) yet now every creature lifteth up himselfe against his sole earthly Soveraigne , and against his Succession for ever . The earth will not yeeld Adam bread , but by the sweat of his browes ; the beasts become wilde , and cruell ; yea the earth openeth her mouth against the succession of disobedient Adam , and swalloweth up Corah , Dathan , and Abiram ; the waters drowne the whole world , except eight persons ; the poore flie can , and doth sometimes choake a man , having before neither power , nor will to doe it ; Lice can devoure and eate up Herod ; even the vilest , and weakest creatures , can , and often do destroy the greatest Tyrants of the earth . And in the opinion of some , the holy Ghost seemeth in mystery to open this matter to a man of understanding , forbearing in the second daies worke , to say , all was good ; as is plainely said of all the other five daies , and he saw all things good ; not but that the worke of this day , was also good , ( for all his works , are , and were exceeding good ) but because of waters , which in many places of the Scripture signifie troubles , yea intollerable afflictions , and because of division of waters in that daies worke ( God being a God , not of division , but of peace ) therefore the holy Ghost seemeth to forbeare to say in that place , And it was good ▪ And yet would not these bee mistaken in their curiosity , as if they included the division of waters in that dayes worke , not to be good , ( seeing that waters in the clouds divided from the Seas , are upholden by Gods providence , not to poure downe and overwhelme the earth ) for they approve divisions of constructions to be good , as the dividing the light from darknesse , the day from night , and of whatsoever into parts , for ornament , and beauty of the forme divided ; but utterly condemne divisions of destructions , or of distractions , which is , frangere non dividere , comminuere non distinguere , to part the body from the head , or the members from the body , to bring order to confusion , unity to distraction , forme to a Chaos , and e●s to privation , such division was that , whereof Caselius answered the Merchant : Navem si dividis , nec tu , nec socius habebit and such division the unnaturall harlot entended ; requiring the living childe to be cut into two parts , ( 1 Kings 3. ) Let it be neither mine nor thine , but divide it . Where two , or three are made one , there is the image of God , of truth , of peace , of fortitude , of praise , and of perfection : but where one is drawne , divided , and torne asunder , there breaketh forth falshood , warre , feare , dishonour , and confusion . They which are of God , embrace the one , and they which are of the devill , the other . For God both in the Center , and Circumference of truth , is in simplicity , and perfection , one ▪ but the devill , neither dwelling in this Center , nor sitting in this Circle , is carried in duallity , nay contrari●ety of numbers , opposing evill against good , whose Center being falshood , the circumference cannot bee truth : his is a kingdome divided , and must fall , being not a Monarchy it cannot stand . And yet we reject not the number of two , so they continue , and persist in union , as it is written ; they shall be two in one flesh : but reprobate is that duallity , that maketh war in peace , begetting , and ingendring division , and contrariety , controversie , and confusion : and either of ambition , senslesness , hatred , quarrell , open discord , or rebellion , hindreth that sweet Harmony of union , most pleasing to God , & most profitable for men , of whom saith Tacitus , In publicum exitiosi , nihil spei , nisi per discordias habent , tamen libertas , & praeciosa nomina praetexuntur . But doe we not see by this unfolding of things , how the perpetuall course of truth , and unity , throughout all in the world , doth even now conduct , and lead me , by the hand , to the matter now in hand ? And verily I will follow thee ( sacred union ) whither soever thou leadest me , and into , whatsoever Region of vertue thou intendest ; I will not leave thee , being never unlike thy selfe , alwaies well accompanied , adorned , and beautified with diversity of things , and never alone , and yet still but one . It is thy doing , that Prudence , the chiefe head and governour of vertues , the rule and direction of all well doings , and prescribing to every vertuous action , the manner , order , and course , of doing well , doth so knit , and joyne together all morall vertues , as that by thy secret influence they all may be found joyntly in all wise Subjects , and in every one particularly with one heart to performe that duty , which both yeeldeth right to the King , and maintaineth peace , and love among men . Siquidem communis vitae societas , in unione consistit . And seeing it hath pleased his Majesty King Iames , by publique Proclamation to assume the name and stile of King of Great Britaine , jure haereditario , it is meet that all loving Subjects not only acknowledge the clearenesse of his right , but joyfully applaud , and chearfully follow him herein , now in our gracious K. Charles his reign ; lest murmuring , they , like evill , and base minded souldiers , follow their Emperour with an evill will , according to that saying , Malus miles imperatorem sequitur gemens . We see some noble men , yea , and the gentlemen in our State daily to purchase , and unite Land to Land , and Lordship upon Lordship , and to seek by all meanes to shake off the Tenure in Capite , and to hold all their Lands in some other more free Tenure . And it cannot be denyed , that to all their severall Courts , all Tenants and freeholders willingly performe their severall services ; or else are fined by the Lord of the Mannor , or by his Steward . And may the inferiour Lord expect more homage , from a Tenant , then a King require , both of Lords , and Tenants , all Subjects to him , and holding all they have , from , by , and under him ? Pacis interest omnem potestatem ad unum referri . But all gain-sayers and murmurers , qui contumaciam potius cum pernicie , quam ●bsequium cum securitate malunt , are not unlike Mesech , and Kedar , spoken of in the Psalme , in respect of whom the good King complained to God , and to himselfe , saying : Woe that I dwell with Mesech and Kedar : I labour for peace , and they prepare them to battell , I study union , and they strive to make division . Non placeo concordiae author , said that good Valerius . But alas , why should Ephraim beare evill will to Iuda , or Iuda vexe Ephraim , fratres enim sumus : should not they rather both together united now into the name of Britaines , as into the name of the beloved Israel of God , ( Esay 11. ) Flee upon the shoulders of the Philistines , and make spoile of their enemies , so that the Idumites , Moabites , and Ammonites , even all their enemies might be subdued unto them : Duo enim sunt , quibus omnis respub : servatur , in hostes fortitudo & domi concordia . And verily the uniting the two Kingdomes into the name of Britaine , is not unlike ( Esay 21 ) that chariot , drawne with two horsemen , mentioned in Esay ; at sight whereof , the watchman cryed , Babilon is fallen , Babilon is fallen , and all the images of her Gods are smitten downe to the ground . For so ( except we will smother the childe of Vnion in his first birth , ) both English , and Scottish , will soone heare him sound aloude into the whole world , that all great Britaine is like Ierusalem , which is , as a City , at unity within it selfe ; and Babilon , even division , disorder , discord , and confusion are confounded , and overthrowne ; and what King Egbert did write in Sand , King Iames of blessed memory , and our gracious King Charles hath blotted out , and troden under foot all the dishonour thereof , and engraven , as in a marble Stone , the perpetuall honour of great Britaine by Royall restitution ? This verily commeth of the Lord of hosts , which worketh with wonderfull wisdome , and bringeth excellent things to passe . Alexander asked King Porus his captive , how hee would be entertained ; and Porus answered , like a King ; Alexander demandeth againe ; Porus answereth againe , in Kingly manner . Alexander asketh what else , Porus answereth nothing else for in this kingly maner , every thing else , is contained . And though ( God be praised for it ) the cause be not between English , and Scottish in Conquest , and captivity , as between Alexander , and Porus , ( but two famous Kingdomes in right of blood , under one mighty Monarch ) yet our great Alexander in his high wisdome considering how these two might best be governed , hath in his owne royall heart best resolved it , namely by uniting them into one Monarchy , into one government , and into one name ; and if any demand , how else , verily he must be answered no way else , for in this union whatsoever else is contained , Nam in istoc sunt omnia even , the Stoickes , ( who I think neither were in jest , nor arrogantly conceited ) contained under Prudence , both justice , and fortitude , and temperance , and whatsoever vertue else , accounting also him who was perfectly wise , an Orator , a Poet , a Rich man , a very King , and an Emperour . All blessings , and graces , may be thought attendants , and companions to union , who alone knoweth how to order all things in government : and is a princely commander of Subjects obedience , and subduer of gain-sayers , ordering unruly affections , bridling untamed lusts , restraining swelling pride , composing rebellious appetites , determining all doubts , and rights , within the compasse of her judgement , and yet giving to every one his due , by her discretion : And therefore is like the Sun in the middest of heaven , among the Stars ; and as the Stars take light of the Sun , so also blessings of Weale publique proceed from this sacred , and thrice happy union into the name of great Britaine , whose glorious light shineth to all , and every one hath comfort thereby . It is also not unlike the Soul in the Body of man ; for in the whole common Weale , it is wholly , and in every part thereof , whether it be of English , or Scottish intire . Tota in toto , & tota in qualibet parte . As a shining light , it sheweth a way for common good , and as a reasonable soule , giveth understanding to the blindest body , to see the full fruition of all worldly happinesse : let no man shut his eyes against the Sunne , nor refuse a living Soule for his Carcasse . If I could express the image of this union in lively colors , I would surely make her a goddess , faire & beautifull , having a garland , and crown of all blessings upon her head , and sitting in a Chaire of State , with all good fortunes , vertues and graces attending her , and as a goddesse in triumphant chariot going into the capitol , or temple of mighty Iupiter : where also the Poets have found her , but called by another name , even Pallas , who is also named Monas , that is , Vnity : because having one only parent , she resideth in Iupiters braine , even in the chiefe seat of his wisdome ; where all the Muses are her companions , so called Musae , quasi {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} , that is altogether in one ; where all the Graces goe hand in hand , congratulating to Vnion their mutuall society ; where all vertue , and knowledge are neare of affinity , but Iustice , and government of consanguinity to her , her selfe still holding primacy over all ; as England , and Scotland , are chearefully looking one towards the other in the name of great Britaine , and as the two Cherubins did looke one towards , the other , in one propitiatory . And thy royall state O great Britaine is as the anointed Cherub . Ezek. 28. And as in the heart of man is placed fortitude , in his liver temperance , and in his minde Iustice , and yet all these , with all other vertues are annexed to Prudence , the common ligament of all ; so is great Britaine , by uniting all his kingdomes , principalities , countries , and honours the compleat proportioned forme of all , and all in it both universally and particularly , are fashioned and made fit on every side for happy conjunction and mutuall correspondence . For this renowned name of great Britaine standeth in stead of a Loadstone drawing all into one , chaining them together with links of love ; as Lisippus made an image of foure mettals mixed together , gold , silver , brasse , and iron ; expressing hereby absolute perfection of vertue , putting in gold , to signifie Prudence ; silver , Iustice ; brasse , Fortitude ; and iron , Temperance : whereof they are altogether ignorant , as if they had never seene vertue , so much as painted , who , to overthrow union in the name of great Britain , bring no union of vertues , even excellencies of many Countries , to this so excellent worke . But skilfull Zeuxes going about to depaint an absolute worke of a perfect virgin , took not only view of one womans beauty , but had variety of many the fairest , to accomplish out of all these a more excellent , and consummate forme of body . Shall we not thinke the Kingdome of France , containing Pickardy , Normandy , the Isle of France , Champaigne , Averne , Dalpheny , Bry , Bloys , Turin , the Dutchy of An●ow , Xanto●n , Burgundy , and uniting ●o it little Britaine , to be more glorious in all these , being made one , then if but one only of all these were that Kingdome ? Doe we not see that the enlarging of the dominions of Spaine , in uniting , and establishing divers kingdomes , and territories , as those of Aragons , Castile , and that of Portugal with others , hath so enlarged that Kingdome , as that the like hath not befallen other Christian Potentates ? Hath not the King of Denmarke , beside the Cimbrian Chersonese ( where Holsatia , Theutomartia , the Dukedome of Sletia , Flensburgh , Friesland , and Iuthland doe lie ) other spacious Islands , fifteen in number , all comprehended under the name Denmarke , and united to that Crowne ? Did not Iagello , taking to wife in the yeare , 1380. the Princesse Hedingee the last of the blood Royall of Polonia , after he was enstalled King there , unite all his owne principalities of Lithuania , and Samotgathia Provinces of Russia , to the Kingdome and Crowne of Poland ? Did not Ahasuerus ( Esther 1. ) raigne from India to Ethiopia , over an hundred twenty and seven divers Provinces ? And was not he so mighty ( by reason of this variety , subjected , and united to his sole government ) that he was , an hundreth and fourescore daies shewing the riches and glory of his Greatnesse , to all his Princes , and to the mighty men of Persia , and Media ? But to take example of one only Rome for all . How hath it been renowned through the whole world , by joyning all Nations of the world into one , even to it selfe ? Herehence it was called Terrarum dea gentiumque Roma , communis patria , mund● compendium . As Propertius . Omnia Romanae cedant miracula terrae , Natura hic posuit quicquid in orbe fuit . But the Majesty of this Empire grew so great by adjoyning other nations , and bringing them all into one : Haec est , in gremium quae victos sola recepit , Humanumque genus communi nomine fovit Matris non dominae ritu , civesque ●ocavit . Quo● domini , nexuque pr● longinqua revinxit . And againe , Fecisti patri em diversis gentibus unam , Dumque offers victis proprii consortia juris , Vrbem fecisti quod prius orbis erat . And so may we say of this renowned name of great Britaine comprehending us all of divers nations in one , under our gracious King . Hujus pacificis debemus moribus omnes , Quod cunctigens una sumus . I could set forth , and confirme by sundry examples , this uniting of many into one , and thereby shew , that the enlarging of dominion consisteth in uniting all together into one name , and establishing divers Territories under one Soveraignty , and government ; and that the greater States , and Imperiall powers of larger extent and far spreading domination are the more durable ; and that the Monarchy of great Britaine is like to bee hereafter of more durance , strength , and honor as partly ( comming under our Kings government without conquest or constraint : Nam errat longe mea qui dem sententia , qui credat imperium stabilius aut firmius quod vi● adjungitur quam quod facilitate & clementia ) so now especially it being united in the whole , then heretofore divided in parts ; his contexture being of a greater frame than before , holding by more then one naile , an● upholding its owne greatnesse : even as great build●ings endure and subsist by their owne weight , as the Poet speaketh , Pondere t● suo est . But I thinke it here as needfull to lay open the great fault , imputed to Con●stantine , dividing the Em●pire among his Children whereby of one Empire , he made three , and withall a memorable diminution of of his authority , and forces : which part Brutus also played , dividing this whole Empire of great Britain among his three Sons : of which , though two parts afterward , namely England , & Wales , were againe in good time united : yet Scotland stood till now , divided from the rest , and the rest from it , till God in speciall goodnesse restored to former name , and government , all into one againe : for which Kings Iames may challenge more glory by uniting all into one , then Brutus or Constantine dividing it from one ; and though Constantine the great , was counted the glory of Britaine as being borne and made Emperour here : yet may that commendation better fit King Iames than Constantine : Tu nobiles fecisti Britanias , quod illic ort● factusque es imperator . The Platan tree hath many goodly Branches , and boughes , and leaves in one body : and therefore Xerxes in Herodotus , crowned him with a golden Garland ▪ doubtlesse there is a deserved glorious garland due to the name of great Britaine , bringing forth many goodly boughes , and branches , like to the faire , and well spread Platan tree ; or rather for the height of his honour , like the ●all , and goodly Cedar , in whom , the dreame of Nebuchodonosor hath been verified : for he saw a tree in the middest of the earth , great , and strong , whose height reached unto the heaven , and the sight thereof to the end of the earth : whose leaves were faire , and the fruit thereof much : Dan. 4. in which was meat for all , yea the beasts of the field had shadow under it , the fowles of the aire dwell in the boughes thereof , and all flesh fed of it . But Nebuchodonosor heard also a watch crying out mightily , hew downe this tree , breake off his branches , shake off his leaves , scatter his fruit , that both beasts , and fowles may be put from him : neverthelesse leave the stump of his rootes still in the earth . So was the ancient honour , and glory of great Britaine ; great , and mighty , high to heaven , faire , and fruitfull , and of power over the whole Land from one end to the other : but the highest , who hath power over all , did ( for the sin of the inhabitants ) hew downe this goodly tree ; yet left the stumpe of the rootes in the earth . And out of it the tree is growne up againe to former beauty , that we might learn to magnifie the K. of heaven , as did Nebuchadnesar restored to the honor of his kingdome , to his glory , and beauty againe , to his Counsellors , and Princes , and to the establishment of his Throne with augmented glory . And here let us now consecrate to all eternity the ancient name of famous great Britaine , as a Pantheon of all blessings in peace , prosperity , and honour : for as Pantheon was a Temple at Rome , round , and like to the capacitie of heaven , wherein were put all the images of their gods . So I say , in the name and stile of great Britaine , as in a Pantheon , are placed all worldly blessings , like Stars shining from heaven , and having their influence into the whole body of common weale , even perfection of beauty in Sion . Superstitious antiquity framed false Gods , one indued with this vertue , and another with that : this a wise , that a warlike , and another a just God : yea , for so many vertues , they framed so many goddesses , where one Temple might not be consecrated to two goddesses , but distinct vertues must be worshipped with distinct worship . So as Marcellus dedicating one and the same Temple to Honour , and Vertue , was thought to offend against religion . But our happy , and better instructed age , reducing all to one , truly to worship one true , and only God ; so in civill things , and government , it offereth only one above and for all , that whatsoever is separate , and distracted from it , may bee counted , as anathema , excommunicate , divorced , or as a barren handmaid to bee sold to the Vsurer , unprofitable , imperfect , or as it were , not at all . And now , as union into the name of great Britaine , is like a Pantheon , and bringeth manifold abundant blessings meeting together , and concurring in one , so let us account our selves most blessed in our Soveraigne unitor King Iames , in whose Royall and princely Successor , our gracious K. Charles , and his noble Progeny , is laid up all our obedience , and dwelleth all our happinesse ; even as that worthy Scipio , is said therefore to be borne , that there might be one , in whom all vertue should shew it selfe effectually , and absolutely perfect : Hic est Scipio , quem dii immortales nasci voluerunt , ut esset in quo se virtus per omnes numeros efficaciter ostenderet . This is the voice of truth it selfe ; England and Scotland are so naturally united in the name of great Britain , that the one nearely allyed to the other , can no longer bee an alien , or stranger one to the other , except it may bee said , that , Quia meus est , non est meus , ipsaque damno est mihi proximitas . So this naturall conjunction should bee no union , because it is both naturall in the Soile , and reall in the Subject . But albeit the Romanes put into the Temple called Pantheon that precious gem named Vnio , divided and cut in two , yet we with all our goods and geare , ought willingly be borne into the bosome of great Britaine , quae fundit in omnes imperium , not distributing union into parts , but knitting up all parts into one , as Cicero's Oratour all sciences , and Aristotles good man all vertues , as Cato was counted like perfect in all vertues , or as the divine Plato sealed up in man , the lesser world , whatsoever vertue was in the whole world , or rather as Eden the plentifull garden of God sealing up the summe of all perfection and glory , Ezek. 28. was freight and deckt with all manner of precious stones , the Ruby , the Tapaze , and the Diamond , the Chrysolice , the Onix , and the Iasper , the Saphir , the Emerande , and the Carbuncle , and gold . Even now may it be said of this universall name of Britaine , as it was said of Rome . Imperii virtutumque omnium lar , and virtutum omnium latissimum templum . In ancient time it was counted ominous , if a stone fell , or a dog came among brethren . And Socrates was wont to curse those , who by self-conceits , and head-strong opinion attempted to set asunder those things which nature coupled together . And now if any factious Tribune of the people interpose himselfe to divide us , and to disturbe the peace of Israel , thinking there is good fishing in troubled waters , and that the honours , and benefits they hunt after , are attained in Perturbata Republica : whereof they utterly despaire in a peaceable State , Quia in concordia ordinum nullos se usquam esse vident : verily such are not unlike Medea , who so dispersed her brothers limmes , that they could not be gathered againe : Cujus etiam vultu laeditu pietas : as the Mariners at Sea well observe in the two Stars Castor , and Pollux , that if one without the other appeare , they foresee a troubled Sea : but peaceable , and quiet without storme , and without danger in the sight of both together . The principality of Wales shall witnesse this truth , which never received any thing any more beneficiall for the people there , then uniting that Countrey to the crown & kingdome of England . For whilest it was alone without his brother , it was subject to storme , full of contentions , war , and shedding of blood , but joyned with his brother , it florished with peace , and at this day is blessed in the uniformity of government there established . And in mine opinion , it is well observed in the Chronicle of Wales , how God was not pleased with the first change of the name of Britaine into the name of England ; for presently followed the terrible and cruell invasion of the Danes , and after that the conquest of the Normans . But memorable is it , that the Britaines ruled all the whole Isle together , with the out Isles of Wight , Men , in English Anglisee , Manaw , in English Man , Orkney , and Ewyst , 1137. yeares before Christ , and after the yeare of his incarnation 688. even to the death of Cadwallader , the last King of Britaines , and of the noble race of Trojans . Which when in succeeding age many mighty and famous Kings of England , considered , they laboured by all meanes to recover and resume the name and stile of Kings of great Britaine , acccounting it dishonorable , to leese any jot of the honour of their most princely progenitors . And therefore K. Knute , King of England , mighty in his dominions of Swethen , from Germany to the North poles , with Norway and Denmarke , having obtained prosperous success in warring against Scotland , is recorded after his death , the mightiest Prince in the West parts of the world , and of all the noble Isle of Britaine . And so William the Conqueror , for the good successe he likewise had in Scotland , is recorded King of all Britaine ; and Henry the second , surnamed Curtmantle , is also for like successe , recorded King of all Britaine . And if they be renowned and honoured with name and stile of Britaine , which by rightfull descent or by conquest , were inheritours but to one part only , though by their fortunes in war , they also claimed the other ; what rightfull title must we then acknowledge , most justly now to belong to his most excellent Majesty , in the imperiall crowne of both , who by lineall descent inheriteth both . Here I wish I had as many eyes as Argos , to looke into their devises , who seeke to divide England from Scotland , and Scotland from England , renouncing the name of great Britaine , lest joyned in one , they might as the forenamed stars , appeare together , shine together , and bring joy together . I would then not spare to lay open , ( as Cneius Flavius did reveal to the world the tricks and misteries of Lawyers of that time , and therefore was said to put out their eyes , and to cut their purses ) how also these Adamants hinder the naturall power , and vertue of the Load-stone : whom I call Adamants , aswell for repugnant qualities , as that they be truly Adamants , even Sons of Adam , practising rather in disobedience , dissention , and ruine of all , to lay hands upon that is forbidden , then to draw the Iron , nay golden chaine of linkes of love , in obedience to the King , and for common peace , and preservation of men . But herein such imitate the devise of Q. Fabius Labeo , seeking to have the ship of common weale divided in parts ; as when by compact of league with Antiochus he ought to receive halfe part of Antiochus ships , cut them all in the middest , craftily , so to defraud Antiochus of his whole Navy : or else imitate they Cyrus , dividing great Rivers into many little Brookes , till they be not only passable , but even dryed up : for so these seek to stay the maine and mighty Streame of great Britaine by dividing it , and in dividing , to make it of sundry kindes , unlike it selfe . Such dividing into parts , is disjoyning of the parts , by disjoyning , dismembring , and by dismembring , spoiling , making the stone Scyros , which whole and firmely compacted , doth swim and floate above the waters , to sinke , and be drowned , because it is divided . But our two famous kingdomes with all their provinces , shires , and countries united into the name of great Britaine , are like the goodly and pleasant river Danubius , which passing by many Countries keepeth his name , till it enter into Illiricum : where receiving into it sixty other rivers of divers other names , leeseth not only his owne and all their other names of parts , but is called Ister , one for all containing all . Here I require both of English and Scottish , is either of them now , as a people disjoynted one from the other ? Or as Sand without Lime ? Or scattered straw without binding ? Or as Sampsons Foxes running divers and contrary waies , with fire brands of dissention among them ? Nay here in the glory of great Britaine is renowned , that King Iames , with our gracious King Charles , and his Royall issue doe gather together that , which was scattered , and unite that , which was divided , and restore that which was lost , and save that which was endangered even by this meanes , uniting all in one name of Britaine , as it was said of Rome , uniting so many Countries into it selfe , all parts which disagreed heretofore are now well agreeing . Hereupon Rome was said to be anchora fluctuanti mundo : and as he saith in Tacitus , regna bellaque per Gallias semper fuere donec in nostrum jus concederetis . So happily doth this universall conjunction of all under one head , take away all discord , and maintaine conjunction of love for everlasting continuance . Only they which will be alone , and not contained under one name of great Britaine , are not bound up with the sheaves , nor carried home into the Barne , and therefore are like gleanings after harvest , left behinde in the field , subject to storme , they come not two and two into this Arke , and whatsoever remaineth alone , Extra arcam , perit . Such are not unlike that Captaine , whom Xerxes rewarded with a garland , for escaping alive , when all other souldiers were slaine , and yet because he came alone without the rest , he hanged him : and as the the Athenians in the warre with the Aeginetae , when one returned , without his fellowes , ranne upon him , and killed him , asking where were the rest ? And what can such ( I pray you ) as separate themselves from the happy union of all Britaines answer for themselves , if they be called to account ? Can any be English , and not Scottish , can any be Scottish , and not English ? Let that outcry against the Romans be ingeminated against such , saying : Quintilius Varus , restore us our Legions , where are our Souldiers , what is become of them ? Where are the English , where are the Scottish , let all restore themselves , and each one the other to the name of Britaines . And so I say to all , and every one of both nations , Cedo alterum , ( For I feare lest this name Cedo alterum , mentioned in Taci●us , be in scarely found among many : ) but I call aloud where art thou , Cedo alterum , give us thy selfe , bring in thy friend , yea , yet another , and another , bee not wanting to the weale publique ; una navis bonorum omnium , all good Subjects are contained in one Ship of common Weal , numerū non habet illa suū , one is not perfit without the other : for Britaines Subject ought maintaine mutuall society for common good . As for others disclaiming us , and disjoyning themselves , only I wish they may all be of the same consort , and society with us , for , victrix causa dii placuit , though , victa Catoni . And albeit many great , and mighty Potentates on earth make a great shew of Copia verborum , by copious recitall of many Provinces , and Kingdomes ; as if his Majesty should entitle himselfe by all the severall shires under his dominions , and not by one honourable Title of great Britaine comprehending all : to shew how this misliked some , it is recorded when the Emperours Embassador comming to the French King rehearsed the Emperours stile at large , which consisted of many dominions and names of countries ; the French King willed his Herauld to repeate and say over the name of France as many times as the other had rehearsed the severall titles of his Masters dominions : intimating that one name of France well compacted and united of many particulars into one generall name , was better then divers particular names of many countries . And when Quintius Flaminius heard how his army was terrified , at the recitall of many his enemies forces , of their diversity of names , of countries , of Armour , and of multitudes , Dahae , Medi , Cadusij , Elemei , Cataphracti , &c. Spearemen , Horsemen Footmen , Archers , &c. Oh saith he , what a doe is here , with numbers , and diversity of numbers ? all these are but onely Syrians , and make a great shew , like that great Supper , which mine Hoast at Chalcis dressed for me , and for my followers , with much variety , and marvell at the diversity of the dishes , and yet all was but one flesh , though of so many divers dressings . The river Peneus may better serve for instance : it divideth it selfe , and floweth into divers Rivers , and every one of these Rivers in his division , hath a proper name to himself , one after this name , and another after that : but all these meeting in one , and becomming againe one great , and mighty River , doe now lose the particular names , which they held being divided , and are called by one generall name , as before , namely , Peneus . Non sunt multiplicanda entia sine necessitate . It is not reasonable that brethren from one parent , should be divided in one house , though they be severed in distinct place : but be as fingers to one hand , knit together by common joynts for mutuall offices : even as the brethren Molionides , are poetically imagined to have but one body : or rather the three Cerions , to have many bodies , but one soule , and one minde ; not unlike to that of Pithagoras , Vt unum ex pluribus fiat , many in name , but one in deed . And as when Piso was commended to posterity for frugality , I doubt not , but he was wise withall ; and as when Lelius was renowned for wisdome , I doubt not but he was just withall : and Metellus for piety , I doubt not but hee was temperate withall : and Aristides for justice , I doubt not but he was valiant withall : yet I know that the denomination is ever but of one , though it containe things two , and moe : as the Temple consecrated to two brethren Castor and Pollux , was named only Castors Temple : and the munificency of two Consuls , Caesar , and Bibulus , was called only Caesars munificency : and even many imaginary shewes , and shadowes have seemed compleate , in deciphering one thing only : yea the very images of excellent men have been patternes , and resemblances of many consummate vertues in one : as Plutarchs Alexander , Xenophons Cyrus , Homers Vlysses , Virgils Aeneas , and Lucians Imagines , instead of all . And as there is a common Idea , and infolded notion of all things in the minde of man , so the other viewing the whole race and tract of things in the world , doth tell us , that as many peculiar excellent properties , may be , and are in one man , and hee over them , as sole Monarch over all the diversities of worthiest vertues ; so a King under his Imperiall power hath to him subjected many shires , states , cities , honors , provinces , and kingdomes , himself being sole soveraign and Lord over all . Therefore though magnanimity onely , was attributed to Cyrus , only modesty to Agesilaus , onely wisdome to Themistocles , skill to Philip , and boldnesse to Brasidas : yet Alexander , as Plutarch reporteth , was furnished , and full-fraight with all these . And Quintus Metellus is reported to attaine and possesse together , ten of the chiefest , & greatest things that ever he desir'd ( as if he had at once ten Provinces under his command ) and was known a mighty warrier a sweet Orator , a great commander , to prosper in his greatest affaires , to be in greatest honour , of great wisdome , a chiefe Senator , plentifull in children , rich of substance , and most renowned in the City . So copiously hath one man been stored with plentifull variety of manifold graces , all these at once dwelling in him , and he well ordering them ; even as one free , and absolute Monarch may , and doth rule many mighty and divers Nations , knit in one by obedience , and love among themselves , and by law , and justice from the King , who by his lawes speaketh alike to all , is heard of all , and understood of all : una , eademque communi voce . I confesse the name of great Britaine hath beene long time eclipsed , or rather like those voices , which Antiphon said were kept close , and frozen up in the Winter , untill the heate of Summers shining Sun resolved the frozen , and fast bound aire , that they might bee againe disclosed . Comfortable is the warmth of this blessing , in the Sun-shining daies of our Soveraign Lords King Iames , & King Charles ; wherein not only cloudes are scattered , but the renowned name of great Britain breaks forth as a gladsome voyce from frozened aire , & comes forth , as a Bridegroome out of his chamber , long time before lockt up like a prisoner . Doubtlesse this is our yeare of Jubile , a yeere of delivering the Captive , of making the bond free , and of joy , even in sort , and true sense to us , Annus Platonicus , wherein things are come about againe to be as they were , ( Iure Postliminij ) to recover our selves , and be restored to name and fame of great and glorious Britaine , long divided into two kingdomes , but now most happily , and joyfully subjected , and reunited in all the government therof unto one onely Soveraigne , most wise and most religious governour of the same . Deus haec benigna restituit in sedem vice . Doubtlesse this is the Lords doing , and it is marvellous in our eyes , this is the day that the Lord hath made for us to rejoyce , and be glad therein . For as it is said , we owe to God our selves , for creating us when wee were not ; and more than our selves ; for re-creating , and restoring us , when wee were lost : So ought all good Subjects thinke the dayes more happy , and joyfull , in which they are now , as it were new borne , then those , in which they were first borne , as is well said ; Non minus illustres , a que jucundi sunt illi dies , quibus conservamur , quàm quibus nascimur . Happy art thou , ô Israel , ô people saved by the Lord , who is like unto thee ? Thou wert lost , and art found , bond , and art free , eclipsed , and art glorious , dead , and art alive , thy name forgotten , and behold , it resoundeth even among hard rocks , and in the hollownesse of mountaines ; thy beauty withered , and behold thy vallies stand thick , replenished , and adorned , with fairest varieties of all good ; thy yeares forgotten , thy feathers plucked , and thy strength weakned , and behold thou waxest young , and lusty like the Eagle ; yea thine honour , the honour of thine ancient name ruined like an old house , but behold it is now repaired , and called after his owne , and old name ; even as deliaca navis , torne , and taken in pieces , was renewed , and built againe to his most ancient forme , and called still deliaca navis . Sic rerum summa novatur . And albeit worldly kingdomes and civill States seem subject to alteration , and doe carry in their outward appearance , faces sometime shining , and glorious as the Sun , and sometime defaced , darkned , and deformed , conquering , and conquered , triumphing , and enthralled ; yet the common weale it selfe like the ship before mentioned , ruinated and repaired , is still the same ; euen as the Sunne , though eclipsed , is still the same ; and a river sometime shallow , sometime deepe , still the same ; and a man now sick , now in health , still the same . Respublica enim semper ut civitas , est contigua , unâ , perpetuâque serie compacta , and though admit it mutation , as our state did long time , ever since the first division , till this blessed day ; yet Britains common weale , was but sick for a season , till health returned into the whole body , by the glory of the head . So as now the first and ancient common weale of great Britaine is againe conformed to his prime estate , sound , the same , and like it selfe ; and is likely so to continue and flourish , so long as it retaineth the common band of community , and individuall knot of unity . As Socrates is said , as long as he is Socrates , to bee one & the same . Whether in childhood , or manhood , in in fancy , or in age , the same Socrates . But Heraclitus denied , because of the odaine change of men and things , that one man could goe into the same river twice : and ill debtors borrowing mony heretofore , refuse payment , because they thinke themselves not the same men , and plead the day is past , and cannot be againe ; deluding with that saying : Ego non sum ego : hodie & heri . But such conclusions or rather collusions are simple rusticall follies ; as he saith , rusticus expectat dum defluat amnis , at ille labitur & labetur in omne volubilis aevum . For howsoever times alter , yet truth ever sheweth it selfe ; as the river Lycus , running along under the earth for a long space , breaketh forth againe , and as is said , alioque renascitur orbe . The sleepers in Sardos , when they awaked , thought they had passed no time : but we shall be more drowsie , and sottish then they , if now rowsed from our long sleep , wherein the honorable name of great Britaine was forgotten , we now not open our eyes to acknowledge the happinesse of these our dayes : wherein our hearts may leap for joy , to see that two of our most gracious Kings , as Fathers of peace , and procreators , protectors , and perfitors of Subjects joy , sit in Royall seat of great Britaines most ancient , and most absolute Monarchy : whereby our strength , peace , wealth , and honour is the more increased , in that our Soveraigne is the more universally obeyed , and we are doubtlesse hereby more blessed , then all our fore-fathers : of whom we say , as Demaratus the Corinthian said , that all dead Grecians are , deprived of great joy , in that they lived not to see Alexander in Darius Chaire . But comfortably spake he in the Comedy : Gaudeo , cum video hujus generis reliquias ; and how joyfull is it for us to acknowledge one another Britaines , as it was for them brethren in the Comedy which after so long time came to knowledge one of another : yea now for us to know one another to bee Britaines by all signes and tokens , Non naevo aliquo aut crepundiis , sed corpore omni . And though he may bee pittied , which sitteth alone mourning , and crying : Nec mihi eognatus quisquam fuit isto nome : yet may both English , and Scottish rejoyce , because neither sister is a widow , but all their legitimate children are now of one name , and one blood , become , and borne againe Britaines , as it were by a Pithagoricall Palingenesia , even twice Britaines , as Hippolitus was called Virbius , because he lived againe ; and was twice the same man . Aeson miratur ; & olim ante quater denos hunc se reminiscitur annos . And surely ( as Pliny saith ) Sparsas & lacera● gentilitates colligere & conuectere , est , ut ita dicam , renasci jubere . Thus we say , and thus we sing , Redeunt Saturnia regna , even the golden age of Britaines Monarchy is come againe : Alter Tiphis , & altera , quae vehat Argos , delectos Heroas : atque iterum ad Trojam magnus mittetur Achilles : another governour and chief Master , of the common weales Ship , and another Arke , or Argosie , as before , doth transport the Nobles , and Commons both of England , and Scotland , to fetch the golden fleece , which Egbert that Dragon held so long time in his jawes . Quondam etiam victus redit in praecordia virtus . Now then , Siquid patriae virtutis , if there be in us valour , of men stirred up , with remembrance of the name , and honour of the name , and honour of our Country : Si quid antiquorum hominum : if any drop of our Ancestors blood live in us : Si quid humanitatis : if any touch of brotherly kindnesse , we cannot , but readily imbrace each other , as the ancient Romanes reconciled after long civill war , and shedding much blood Iungebant Castra , & consalutabant Cives : yea , and triumph also as they did , saying , exurgere , & reviviscere Romani nominis memoria incipit , & gloria : unlesse it may be said of us , as of that base minded Vitellius : Tanta torpedo invasit animum , ut si eum principem fuisse caeteri non meminissent , ipse oblivisceretur : or it may bee said to us Britaines descended from Brutus , as sometimes to another Brutus , in another sense , not here intended : Dormis Brute , & non es Brutus . Our country men , and neighbours of Wales , as Chronicles report , derive themselves from ancient true Britaines ▪ and doe retaine the British tongue , though somewhat mixed , called Camberaec , which could never be extinguished by any attempts of Romanes , Saxons , Danes , Normans : and that famous City London , is still by them called Trenwith , of Brutus first named Trenovanton . And the Countrey it selfe is called Cambria , of Camber , Brutus Sonne , though we call it Wales , a word imposed by Saxons , naming them Walshe , which is strange ; and many mountaines , rivers and cities are among them still retaining British names : extremos pudeat rediisse : let us be ashamed to be last , or backward , seeing another Arthur King of all great Britain raigneth ; lest we still seem over-awed , and captivated to the Conquerour Egbert his will , and by his beating us , to be made as base vassals , forgetting our selves , our names , and our Country , and not daring to challenge , or acknowledge them : even as that base slave Sos●a was enforced to yeeld to his Master Mercurie , and say , Pugnis me fecisti tuum , & si sum ego , tamen non credo mihi , nomen simul abstulit cum forma . Neither doe I esteeme the change of name , a matter of indifferency , as if it were all one , whether we were called Britaines , or continued English , and Scots . But in my judgement it is reason to alter all into Britaines , because it was our most ancient , and is the more honourable name , except we will weare the Badge of slavery on our sleeve , to brag to the world , that we are not ashamed to be conquered , so to shew our nakednesse , and shame , which Adam sought to cover , when he once saw it . Neither in mine opinion is it reason , that the now Nobles or Gentlemen of England , should delight in name imposed by that Saxon ; seeing the whole race of Saxons is for the most part rooted out by the Danes and Normans , and none of the Saxons blood that was Noble , or almost but Gentile is left ; and seeing ( as Chronicle reporteth ) it was counted in the daies of the Conquerour , a reproach to be called an English man , or to joyne in mariage with any of the English ( which in my understanding is Saxons nation . ) Redit ad authores genus , & generosa in ortus exurgunt semina suos . And verily names , and titles , are matters of great consideration : unlesse , like Varro , not caring for name , we should also say , that the God whom the Iews worshipped , was but the same Iupiter , and common God of other countries , though otherwise called , Nihil interesse censens , quo nomine nuncupetur dum eadem res intelligatur . But in the union of the Sahins and Romanes , ( as Eutropius reporteth ) this was especially agreed upon , that the Sabins and Romanes should assume one anothers name promiscuously : so that by no meanes they should be distinguished by name . And albeit among us , custome hath begotten prescription , yet we may remember , what is well said in the Comedy : Nunquam ita quisquam , benè subducta ratione fuit , quin res , aetas , usu● , aliquid apportet novi , ut quae prima putes , post in experiendo , repudias . As in the Romane story , ( when it was objected that innovations , were dangerous to the state , and nothing was to be done , whereof formerly there was no president ) saith Canuleius . Quid postea ? nullane res nova institui debet ? & quod nondum est factum ( multa enim nondum sunt facta , in novo populo ) ea , ne ( si utilia quidem sint ) fieri oportet ? Whilest we of England were put apart from Scotland , it was reason we should have a name divided , and distinguished from them , and retaine that name , and condition , as pleased fortune to impose , as Andromache saith to her Son , Sume , quod casus dedit : but being restored in integrum , and every part knit together , it is a like reason we returne to our old name , and say , as in the Prophet , I will goe , and returne to my former husband , for at that time it was better for me , than now . ( Hos. 2. ) And no man when he hath tasted the new wine , but saith the old is better . So that as the Romane Empire first was a Monarchy , afterwards governed by two Consuls , and so a long passing through divers kindes of governments , till it returned to his former state of Monarchy , to be as it was at first : even so the state of great Britaine , first was as a Monarchy all governed by one ; since it was divided , but now it returneth to his Monarchy againe , Moribus antiquis res stat Romana virisque . For men waxe weary , in time , of their present condition : and Rome mole laboravit sua : or rather , and more truly , God setteth bounds to all things , which they cannot passe : even the mightiest powers have their periods . And all worldly kingdomes thus changing , ( after long experience ) say , the first is best ; and so likewise , Vt rerum , ita verborum interit usus , quem penes est rerum & vis & norma loquendi . But in this case neither the thing nor the name , being changed : but we lawfully recovering that which was lost , renuing the title of great Britain , enjoying our country ( as we did before ) calling all Britaines , and holding all things in the same safety , and security under name of great Britaine ( as before under names of England and Scotland ) say all and each to other , Pascite , ut ante , boves , pueri submittite tauros . It is a good and gracious deed to provide for reall agreement in all equall conjunction , and mutuall participation . But in my simple opinion , it had beene Verbo tollere , & reipsa relinquere , only in shew to take away difference , but not in deed , without uniting both kingdomes into the name and stile of great Britaine ; for , as he complained , Tirannus occidit ? Tirannis vivit ? So if the old enmity of English , and Scottish be removed , and yet the names still remaine , I feare that the very names would ever put ill men in minde of olde grudge , and incite new variance : as is said of one , that he was Romani nominis inimicus , at deadly hatred with the very name : where the name is taken for the very cause of hatred . As , Eo nomine hostis , for that cause , even for name sake he is an enemy : even as in Rome , when all things were accorded , and all parties pleased , only a name , which was in dislike among them , was thought hinderance to their mutuall concord , and content , saying , Non placere nomen , id periculo sum esse , id officere , id obstare libertati : and therefore the Sanate perswaded Lucius , Tarquinius , Collatinus , otherwise in all respects approved , and beloved of all , even for his names sake , to forsake his office , saying , Absolve beneficium , amicus abi , exonera civitatem vano ( forsan ) metu . This I speake , lest retaining former name of English , and Scottish , which heretofore hath been offensive to each other , we call ( as before is spoken ) the ill disposed to former opposition , as between fire , and water , even to Kindle such a fire in Iacob , as will devoure in Israel , and no water shall be able to quench it in Bethel . Where it may be thought more fit , to set aside all difference of former names : Vt exoneremus rempub. vano ( forsan ) metu ; as it is said of one , Quod nihil est metuit , metuit , sine corpore nomen . And if any account the feare of name nothing , ( bee it also say I nothing ) yet a man cannot be too carefull , or fearefull of that which is counted even nothing , seeing it is said . Qui cavet , vix etiam cavet , dum cavet . Let former destructions be present instructions . Offensive distinction of names hath bred much woe . In Italy faction of Guelphs and Gibelines arose for name sake . In England much blood for the white and red Rose . In Iustinians time fearefull division betweene the Veneti and Parsini about colours blew and greene . In which grievous contentions , arising first of small or no cause but only of difference in name and diversity of colours , deadly hatred is oft times kindled among former friends , as against sworne enemies . After Phalarides death , the Agrigentini made a decree that none should use glauca veste , because the Tirants did use glaucis subligaculis : for they hated whatsoever might remember them of former Tiranny . And the Romanes publiquely ordained , that no Romane should be ever called after the name of Manlius ; for , because his remembrance was displeasing , they would have his name utterly perish . I wish that nomen , or mentio ipsa , the names English , and Scottish , borders , former feud , wars and bloodshed between the two nations , were not once mentioned within our lips , but as nomen Pelopidarum utterly put out , abolished , and never heard of , as that which is laid up in silence in the Grave : even now that not the least occasion be left , no not in sport or inter ludicra certamina ( as we have a name of play amongst us called prison base , one part striving for England , and another for Scotland , representing unto us the variance betwixt both nations ) lest it prove , as that betwixt them two brethren , Demetrius , and Perseus , King Phillips sons ; who in ludicio certamine , opposite one to the other , with their companies divided on both sides , fell in earnest unto a maine deadly warre one against the other . I say , as neare as may be , these opposite tearmes of Scottish and English should cease ; except they remaine , as only they ought remaine , Epithites pertaining to one name of great Britaine , and to one people Britaines , as all the Iewes of all the severall Tribes , were called Iacob Gods people , and Israel his inheritance . And herein ( seeing as Vegetius saith ) princip●● est pro salute R●ipub . & nova excogitare , & antiqua restituere ) both nations ought joyfully applaud the late proclamation , & in all humbleness of duty , submit themselves to the Kings Majesties good pleasure , seeking thereby the common good of Weale publique , and not his owne glory ( as they doe , who call their lands after their owne name , to get a name upon earth : and as Valens the Emperour desired ( according to his ambitious , and vaine-glorious humour , ) to call this whole Continent Valentia , after his owne name : for which thing also Henoch the Son of Cain , building a City , was first noted , ) but as a King most gracious , not natus sibi sed patriae ( as Hadrian the Emperour professed before all : Ita se rempublicam gesturum , ut sciret populi rem esse non propriam ) thinketh only on the ancient name , Non tam mutans , quam aptans , so to roote out remembrance of former hatred , and to unite both into one . Pastor populi non suum ipsius , sed Subditorum quaerit commodum : & officio suo semper fungitur , utilitati consulens , & societati . Change of names hath ever been thought meet in policy , even where men formerly Strangers , and of divers kingdomes were to bee trained up together , and framed in fashion one to the other : as were given to Daniel , Hananiah , Mishaell , and Azariah , ( Dan. 1. ) new , and other names . And Daniel was called Baltasar , and Hananiah , Shadrah , and Mishael Mesach , and Azariah Abednego of purpose , by changing their names , to make these forget themselves , their country , and if it were possible , the God of their fathers . And so the Turkes have , from time to time , in their pollicy changed the old names of those places , they now possesse , which before professed Christiany , and when upon any Conquest , they take into their governement Christians , they impose on them new names , to live like them , and as one people among them ; and shall we thinke it a wrong or inconvenience , that , if a Grecian Prince or other Christian King recover against the Turke , they afterward abolish a name imposed on them , and call any Province , People or City after their olde and ancient name ? Et si hoc in arido , quid in viridi ? If this be done ( ex facto ) by the children of this world , unto an evill end : may not his Majesty in his princely wisdome ( Fas estet ab hoste doceri ) ( ex jure ) for the undoubted good of the children of light call to remembrance , and put in execution the wise Councell of Maecenas to Augustus : to take away all differences whatsoever , even of the meanest things which might bee thought on , whether of name or apparrell , or any thing else , to the intent all things might be throughly composed in one uniforme fashion , and conformity among all his Subjects , to their undoubted good ? It hath been often observed , that Parva scintilla neglecta magnum saepe excitavit incendium . And sores sleightly cured , break forth into greater danger . And , if I might boldly write my minde without mislike , I would undertake sufficiently to prove , that if the name had not been changed into great Britaine , it might be feared we should not long ( as we ought ever ) continue one ; and that ( love being not without dissimulation ) we would among our selves , as is upbraided to the inconstancy of another Nation ( now not to be here named ) Ridendo fidem frangere , and so love , as that we would hate againe . For as a chiefe inhabitant , and commander in privernum , being asked in the Senate at Rome , what peace they should expect , answered , S● bonam dederitis , fidam , & perpetuam : si malam , haud diuturnam . So here may it be said , if union in name , bring also in deed , a good composition , and faithfull conjunction bona fide , it will doubtlesse by Gods goodnesse , last ever : but otherwise I feare ( which God forbid ) may againe rent in sunder , and make the new breach worse than the former . And therefore wise was that saying ; Ejusdem jurit esse debent qui sub eodem rege victuri sunt ; and that practise of Romulus renowned , who by union of divers Nations , Eodem nomine & eodem jure Latinos vocavit . And hereof grew the Italicum bellum , because the Latines united in other respects , were not joyned eodem jure with the Romanes . To speak plaine , we all confesse our union in our obedience to the King , as to the head : but yet without continuance of that union also in the name of great Britaine , and of other things thereto requisite ( to be farther by the Honourable Commissioners considered ) I feare wee shall prove , as imperfect , if not deformed a body , as Apelles ( before noted ) painted Venus , only perfect in the head , and left all the parts of the body unperfect . Neither can I , for my part , imagine that part of the body well united to his head , which doth not concur with all the body in all his parts perfect with the head . Vt nec pes nec caput uni reddatur formae . Herein let natures workmanship in our naturall bodies leade us to the imitation of her wisdome , in the government of bodies civill : and as she hath in naturall mixtion reduced the foure contrary Elements into a temperate and agreeing conformity , by taking away suspition of emulation , making them lose their proper names , and joyntly called mistionis forma : so should we by temperate discretion be willingly united with our neighbour friends into one corporation : especially seeing the reality of every thing we enjoy is to continue in all respects the same , and only a formality of appellation a little changed . Naturam ducem dum sequimur non aberrabimus , said he : and the God of nature hath spoken it , so that we must beleeve , That a kingdome divided cannot stand , howsoever it may glory in the multitude of his parts : wherein a common Weale may fitly be resembled to musicall instruments ; which howsoever consisting of the multitude of strings , yet the harmony is in the unity of proportion with agreeable consent of distinct sounds . Now as a little jarre in musicke , a little intention or remission of any one string discordeth all the harmony ; so in this excellent musicall concord of a well ordered kingdome , never so small difference , though it be but titular betweene the severall parts of one common-weale , sometimes breedeth hatred , oftentimes envy , but alwaies emulation . Whereupon Philip Comines well observed , Finitimorum aemulationem nativam esse : that it was essentiall for neighbour regions to emulate one the other : which is only remedied by taking away the frets and by incorporation making them not now our neighbours , but all one with our selves . And herein consisteth the nature of true mixtion ( whereat all Common weales should tend ) when every thing remaineth that was , yet nothing as it was ; when many contrary things yeeld up their contrariety and plurality unto one , consisting of all ; which participating of all their reconciled natures , imposeth only a new name , to their new manner of being , which is to be one instead of many ; and that not by coacervation or apposition of things without farther mixtion , remaining still distinct within themselves , but by union of consociation , which taketh nothing away from these things that were before distinct , but their distinction . Out of which mistion will arise excellent temperature , which we hope long to see in our Brittish Common-Weale , wherein no humour either of English or Scottish may be predominant , but temperamentum aequabile , and that ad pondus too . Which as it is seldome found anywhere , so it is alwaies found where it is found with perennity . And concerning such mistion was that said of Romulus and Trajanus , and now may it be said of King Iames , and King Charles ; Diversas gentes ita commercio miscuit ut quod genitum esset usquam id apud omnes natum esse videretur . And of such mixtion may that of Zeno be said , alterius chorus major , meus antem concinnior : Another Kings Empire may be greater , consisting of diversity of Nations , but ours more compact and united in one . And this mixtion of both our nations so mixed in one , bringeth forth but one title of GREAT BRITAINE . Vnum , sed leonem , as the proverb saith . Which I the rather urge here , against Polititians ( if any such be ) of this age , who seeke to nourish faction and opposition in the State , and Common-Weale , and think nothing better , Quam si in commune non consulant ; who ever have a Rowland for an Oliver ; where fearefull experience doth often shew the fruits of that Axiom , Contraria contrariis curatur . Which manner of keeping Subjects one opposite , and offensive to the other , is a flinty , and fiery society , even Societas lapidum , fornicationi similima , quae casura , nisi invicem obstarent , hoc enim ipso continetur . And this practise , wheresoever prevaileing , is more then Machivelian , even devillish , sowing seed of dissention in parts , to destroy the whole . Therefore it being an infallible , but woefull ground of truth , Nulla salus bello ; It is meete that all and every Subject of great Britaine , understand , and professe the other part of that Verse , Pacem te poscimus omnes . For so I thinke this Axiome in a State , is better for preservation of Weale publique : Similima similimus nutriuntur . And if I were worthy , here would I advise all the Magistrates of great Britaine , which either now do , or hereafter shall beare rule under their high Soveraigne , in any parts of his dominions , to remember in all their high honours , that Cleo , and Themistocles tooke contrary courses , and were both misliked in time of their Magistracy . For Cleo called all his friends , and old acquaintance together , and renounced them openly , giving them to understand , that now he was so advanced , they should expect nothing from him for former friendships sake . And Themistocles answered one , wishing him to be alike to all , and not partiall , that he would not sit in seate of honour , and not doe more good to former friends than to others . But truth is , in a Common-wealth , nor disdaine of former friends becommeth Cleo , nor partiall favours Themistocles ; for community regardeth neither any man , neither any cause for private respects , but is as the Sun , yeelding alike common comfort to all : which thing I wish all , as one man , wisely to perceive , and willingly performe . And yet may Cyrus have in remembrance , the very meanest of them , with whom sometimes he lived . And Ahasuerus looking into the Chronicles may remember those which have saved the King from any , who sought to lay violent hands upon him . And the Macedonians may not either grudge , or disdaine that Alexander prefer the Persians before them of his owne Countrey . Ecquis est qui vestra necessaria suffragia pro voluntariis , & serva pro liberis faciat ? But to returne into the Kings high way for the name of Britaine : seeing his Majesty may say , Non me Troja capit , Scotland alone doth not containe my greatnesse : and therefore speaketh also to England : Salve fatis mihi debita tellus : England is also the lot of mine inheritance : and both England , and Scotland will I make one Empire , and renew their names into the first title of great Britaine , as it were Ilium in Italiam portans : ( though in removing all the gods out of the Temple , to give place to Iupiter , only that petty god Terminus refused , and would not move ) yet let the Termini , and bounds of both our Nations , and all the people therein contained , willingly give place to the just pleasure of their sole Monarch , and even in this also , acknowledge K. Charles their supreame head , and governour : where obedience in each Subject , is like the reconciled Genius , utriusque regni : which though before was as angry Iuno , much adverse to the Romanes , yet now like Iuno , out of her very image seemeth to speake aloud , Romam se velle ire : Anger is appeased , displeasure forgotten , and discord come to a perpetuall end . Nec quenquam incuso potuit quae plurima virtus Esse , fuit : toto certatum est corpore regni : And now the whole common-weale , odiis saturata , quiescit . Neither may contention , either of antiquity , or any other dignity ( whereabout Albanes , and Romanes , so much contended , and would not yeeld one to the other ) breake this common band of love among our selves , or loyalty to our Soveraigne , who imbraceth both Nations with equall and indifferent love . But we ought to consider , that both English and Scottish ( quis major ? aeque ambo pares ) making no question of difference for common goods sake , without difference may challenge like interest in his Majesties favour ( Et vitula tu dignus & hic ) to bee divided equally , and graciously among all , by Geometricall proportion as his Majesty shall be pleased to deeme meet . Which thing may move all to mutuall kindnesse , and reciprocate love one towards the other , with an orderly conformity of both to live together in all peace , and Christian charity , affectioned to love one another , with brotherly love , and in giving honour to go one before the other ; Rom. 12. as it is said of Scipio and Lelius , actuosae vitae iter aequali gradu exequebantur : not grudgingly , nor contentiously , striving for prerogative of blessing and birth-right , in his Majesties favour ; as if it might be said to his highnesse , Hast thou but one blessing , my father ? Gen. 27. for his Majesties abundance , and overflowing measure of honour , poureth forth , as out of a fountain , streames to fill up every empty channell , Nemo ex hoc numero mihi non donatus abibit ; and where every one may be contented , Cuncta aderunt ; animus , si te non deficit aequus . Herein let us take example from the Romane Common Weale ( and surely for our instruction may it be said , Nulla unquam respublica , nec major , nec sanctior , nec bonis exemplis ditior fuit ) where Dyonisius Halicarnasseus giveth us a strange shew of two Consuls Largius and Claelius , who both strove to give precedence one to the other , preferring each other before himselfe , and reckoning one anothers worth before his owne : and this done , two or three severall times , neither presuming to goe before the other , but still refusing , and could by no meanes either be perswaded to take the preheminence one before the other . But is any mans eye evill , because the Kings eye in speciall and gracious aspect is good ? Doubtlesse when a King doth not all things ad voluntatem , sed ad utilitatem omnium ; they which mislike , ( and yet seeme of the same league , and society with others ) doe notwithstanding like Nahaz the Ammonite , ( 1 Sam. 11. ) joyne in common covenant with others , but on condition onely , that they may thrust out the others right eyes . Hoccine in commune honores vocare ? quaenam ista societas ? quaenam consortio est ? But whosoever intendeth truely the common good , let him remember , that Solon said , The onely way to keep subjects in unity , is to maintaine an equality for all : for motus , as Plato saith , is in inequalitate ; but status , and quies in aequalitate : which thing is spoken , not to breed , or maintaine parity in condition of men , for that equality were true inequality , nay iniquity , so to confound the world . But these things are alleadged to shew , that our gracious Soveraign may herein ( I speake under favour ) be resembled to IANVS , who had two faces , to looke forward , to looke backward : for so his Majesty is set in the middest , sole Soveraigne of all great Britaine , to looke on England , to looke back to Scotland , and with princely and favourable aspect to countenance both , Tros Rutulusve fuat , nullo discrimine habebo : where both being made one common Countrey , that saying may well befit our common Emperour ; Hostem qui feriet , mihi erit Carthaginensis , quisquis erit . And there is that equality , before mentioned , distilling from his Grace and Majesty in honouring , and defending both alike , ( lusta pari premitur , veluti cum pondere libra , prona nec hac plus parte sedet nec surgit ab illa . ) where none ought strive contentiously , lest they seeme to offer violence to the Kings Grace , or to his honour , or to both : as the Mid-wife charged Pharez in making the breach betweene him and his brother , by forcing his birth before his brothers , through strife in his mothers womb ; whose name therefore , was called Pharez , which signifieth division . But our brotherhood is not in strife , as that of Cain and Abel , Esau and Iacob , Ismael and Isaac : nor as that of Geta and Antoninus , sonnes to the Emperour Severus : after whose death , their mother Iulia was forced to divide the Empire betwixt her sonnes , severing and setting them asunder into separate governments , with a sea betwixt them , because of their hot contentions and implacable hatred . And God forbid , that we should by opposite contentions one against another , provoke the common parent of both our Nations , as those two brethren did their parent Iulia , to cry out against us , as she did against them : O my sons , you have found the way how to be severed and divided by sea and land , into distinct regiments , and ' as you say , the water divides you one from the other : but how will you divide me your mother ? How shall I bee divided between you both ? Will you dissect mee into parts also , As them two lovers ( mentioned by Plutarke ) striving for their love , Dum uterque ad se certatim rapere conatur , rent her in pieces ? Let our strife rather be like that of Ephestion and Craterus , who contended whether should love their King Alexander most ; in so much that Alexander was enforced to decide the controversie , adjudging that Ephestion loved the King best , and Craterus Alexander best . So it pleased the King in his sentence equally to divide his love , and so did they both equally strive to love : and after this manner did the Iones and Chi● contend in love to Hercules : and Iuda and Israel for David . And so I doubt not but our contention is of the like love , and duty towards our Soveraigne : but as for hatred and malice amongst our selves , so separating us that we cannot be mixed together , Dii talia Graiis , erroremque hostibus illum . Seeing ( as he said ) no greater hurt can be wished to our enemies then to be disunited among themselves , and if they will not bee at one with us , that they may be at odds betweene themselves : Maneat quaeso duretque gentibus si non amor nostri at certe odium sui . Quando nihil jam praestare fortuna majus potest , quam hostium discordiam . And now farther to enforce this union into both Nations , the rather , because we are both alike under one head and governour : hath not his Majesty two eyes , to respect both kingdomes ; two eares , to heare alike the cause of both ; two shoulders , to beare alike the burden , and care of both ; two hands , to distribute honours alike to both ; and two feet , to goe one before the other , yet both alike to support but one body ? The inequality only is , if we are not alike dutifull , and thankfull ; neither doe we , as the Apostle exhorteth , ( Rom. 12. ) Carry like mindes one towards another ; nor make our selves in our owne conceits , equall to them of the lower sort . And where Xenophon calleth Magistrates , and mighty men , the Kings eyes , the Kings eares , the Kings shoulders , yea also his hands , and his feete , it is not thereby meant , that they should thinke they also had two eyes to envy one the other ; two eares , to listen after advantages , or offences one against the other ; two shoulders , to shove at , and shoulder out one the other ; two feet , to out-runne , and prevent one the other ; two hands , to catch , and snatch one from the other , or to carry fire in one hand , and water in the other , or to build with the one , and to pull downe with the other , or with the one to offer a gift , and with the other a stab ; Altera manu panem , altera lapidem ; but that their eyes , eares , shoulders , feete , and hands are , or should be mutuall helpers one to the other , for the common good , and publique service of the whole State . And I perswade my selfe , that all Magistrates under his Majestie , of the one , or other Nation , united now in one common name of Britaines will for publique Administration of the common-Weale , so see with their eyes , heare with their eares , beare up the head with their shoulders , and walke uprightly , Having pure , and cleane hands , that as the fingers in the hand are distinctly divided , and yet do clap , and clasp themselves together , for more strength ; so all of command and in authority within great Britain , though they have distinct offices , yet will so concur , and agree together , that though there appeare among them , and their distinct publique services , as , in digitis , divisio , it shall not be , ab unitate praecisio . And verily the two kingdomes , are like two hands warming and enfolding each other , continuing two , yet in one body : where if the right hand challenge more necessary use and service in the body then the left , or the left hand more than the right , and one not readily yeeld to joyne with the other , as is meete , the head may in his good pleasure make choice and use of either : as in the Romane Story , when Tribunes disagreed for chiefest honour , Quintus Servilius , Consul , of much lesse dignity , and authority than a King , tooke the matter into his owne hands , saying , Patria Majestas altercationem istam dirimet . Here Prudence among Subjects hath need intermeddle with all other vertues , and shew the power of union in her selfe ; where Justice demandeth right , fortitude tollerateth what ought be borne , temperance reformeth will , subdueth anger , moderateth passion , and represseth ambition ; and all in unity of obedience coupled together , bring forth plentifull fruit , for society , honour , and joy . Which thing well pleased Marcus Furius Camillus , Dictator of Rome , seeing all the Senate , and Subjects of Rome , not only accord in the common execution of each office for common good of all , but willingly , and lovingly , both highest , and meanest to embrace one the other , saying , that the Common-Weale was flourishing , and most happy : Si tales viros in magistratu habeat tam concordibus junctos animis , parere , atque imperare juxta paratos , laudemque conferentes potius in medium , quam ex communi ad se trahentes : whereof the Senate , Consuls , and Tribunes gave testimony , and good proofe , when they all submitted all authority to Camillus , perswaded in themselves , Nec quicquam de majestate sua detractum , quod majastati ejus viri concessissent . In Britaines union , England may not exalt it selfe above Scotland , nor Scotland strive against England , but both as members of one and the same body , under one and the same head , ought to have the same care one for the other , as if one member suffer , all suffer with it , and if one be honoured , all the members rejoyce with it ; and as in the Church , so in the common-Weale , one is my Dove , one is my darling , shee is the only beloved of her mother , and deer to her , that bare her ; so I know there are diversities of gifts , and differences of administrations , and divers manners of operations in both ; and God hath set the members of the whole body , every one of them , severall in the body , as it hath pleased him , but , omnia ab uno ad unum ▪ All from one head , and to one end . Hee that is wise will consider this . Qui vero curiosiores sunt , quam capatiores , quaedam mag●is contentiose objectanda , quam prudenter consideranda esse arbitrantur . And now seeing I have waded so far in the union of Britaines ; English may not mislike , that Scottish beare Office among , and with them , as if they were of a farre Countrey , hunting after others Treasures , serving the King of Babylon , and not as the same Subjects to Hezechias ; for they are of , and for England , as we ; and we of , and for Scotland , as they , and both for both , being made one . Nay rather we ought desire their society , and rejoyce in this community , setting before our eyes for example , that saying of Austin of the communion of Saints , made fellow heires with Christ through the mercy of our good God : Deus , cum baberet unicum , noluit esse unum , sed habere fratres . And , ( if in humane matters , humane examples more move ) remembring that Scipeo was as glad of his brothers preferment as of his owne ; and that Castor would not be a god without his brother Pollux , but would be only Semideus , that his brother might partake with him ; as is well said : Habent oculi in corpore magnum honorem , sed minorem haberent si soli essent . In the time of Claudius , the Emperour , when it was consulted that the Senate should bee supplyed with more Senators , the Peeres and Nobles of France , long before enfranchised free denizens of Rome , sought also to participate in honours , magistracies , and dignities with Romanes : and the matter being handled on both sides with great consideration , the Romanes alleadged against the French , that Italy wanted no sufficient men within it selfe , for it selfe . And that there was no reason to incorporate others with them , who had beene at so deadly hatred , and bloody warres against them . What ? no private men , not the common People , not Strangers , but enemies taken into the Senate ? Was it not counted for a wonder that the Athenians did take onely Anacharsis into their City ? Would the Lacedemonians admit the Tyrrheni to participate in their honors , though they had done them service ? And had their mothers also Athenian women ? But the good Emperour replying , said to the Senators , that he would assume into the Senate , of all his Subjects , such as he found most worthy , of what Countrey soever , alledging that his owne Ancestors were descended from the Sabins , and made of Nobility and Senate of Rome , and that the Iulij were taken from Alba , Coruncani from Camerium , the Porcij from Tusculum , Etruria , and Lucania , and from all parts of Italy chosen into the Senate . And that by this meanes Italy was extended , and greatly enlarged , so as not onely the people , but all their possessions , had their dependance upon the state of Rome , and grew into one Nation and people of Rome . And that a setled state chiefly flourished , when the people inhabiting even beyond the River Padus were received into the community of Romane Citizens . And lastly , that nothing was more hurtfull to the Lacedemonians and Athenians , then refusall to encrease the common-weale by accesse of new and other people . What ? Shall not they be admitted , because they and Romanes have had deadly feud one against another ? So the Aequi , so the Volsci . And yet are now all one and the same people of Rome . This forcible speech pierced their hearts , and prevailed so , as that all submitted their judgement to the Emperours wisedome . Which thing I thought good here to remember , not forgetting also what Anna said to Dido . Quam tu urbem soror hanc cernes ? quae surgere regna , Connubio tali , Troum Comitantibus armis ? Punica se quantis attollet gloria rebus ? Which if we consider , as we should , wee cannot then but ingenuously acknowledge , that good and praise-worthy was the speech of Paedaretus , who uederstanding he was not chosen into the number of the Trecenti , who chiefly bare rule , said , he did glory there were so many his betters in the Common-weale . And no lesse commendable was his saying , who wished , hee could raise frō the dead many moe , such excellent Citizens ; as Quintus Fabius well advertised Titus Octacilius , Nec tu id indignari possis aliquem in civitate Romana , meliorem haberi quam te . Doubtlesse the Common-Weale is more happy , and doth there more flourish , where is more choice of worthy honourable men , to be imployed in publique affaires , as need and occasion require . And as arrows in the hand of the strong man , so are the succession , and children of such ▪ blessed is our gracious King Charles , that hath many Kingdomes , like many quivers full of them : but as for the arrowes , which of them shall be taken forth , and sent , or shot abroad , that is in the power of the Archer : Neither may one say , why hast thou taken me ? nor the other , why am I left with the rest ? An non in coelo ipso sua luce sol Lunam superat , non vituperat ? Et stella à stella differt in gloria non dissidet in superbia ? And albeit there bee a kinde of jealousie , and naturall strangenesse among men , untill they better grow in knowledge one of the other , and doe eate , ( as our English Proverbe saith ) a Bushel of Salt together : yet have we long since shaken off that infamy , which Horace laid unjustly upon us , that Britaines were uncurteous , and unhospitall to staangers : and have learned to grant Incorporation , and immunities even to strangers in deed , and to enfranchise strange Nations for trade with us , making them partakers of our Rights : much more than should we be lesse nice of all immunity , and naturall community with us towards those , who now are one with us ; that though in the Comedy , cause of strangnesse among men be alleaged , Quia nec ille te novit , nec tu illum : yet we should be ashamed , quasi Canes , latratu accipere , quem non agnoscimus . Yea rather should we rejoyce to heare by this union , how that Lacedemonii Medizant , and Medi Lacedemonizant , both Scot and English , so familiarly converse together , and are growne into one anothers natures and manners , that like Servilii fratres , they are all one . And should we wish by reason of the neighbourhood , and neernesse of both Nations , as also for likenesse of language we should bee alone : even as the Historian discourseth of the Phryges and Trojani , and likewise other nations , how they were taken for the same , & called by one anothers names promiscuously , because they were so neere one to the other ; and the same also were counted but one Nation , and of one kinde , by reason they were of the same language : a most sure argument ( saith he ) that they be but one people , who agree in one language ; as it is most absurd , the inhabitants of the same places should differ in language , if they be of the same kinde . Why then ( as he saith ) Iube hanc maceriam dirui , quantum potest , huc transfer , unam fac domum . And according to that resolution , — foederis aquas Iungamus leges , sociosque in regna vocemus . Especially seeing they may challenge with us , Cives esse , & licet non easdemopes habere , eandem tamen patriam incolere : quare connubium petimus , & soci●tatem , quod finitimis , externisque dari solet : nibil novi ferimus , sed id , quod populi est , petimus : Vt quibus velit populus Romanus honores mandet . Was not Numa Pompilius , though no Romane , fetcht from Sabins , and made king of Rome ? Was not also Lucius Tarquinius , not so much of Romane blood , made king there ? And was not Survius Tullius , though borne basely , and of a bond-woman also , made king there ? Et dum nullum fastiditur genus , in quo eniterit virtus , Romanum crevit imperium ▪ but no such exception of Scottish blood , his Majestie being rightly , and anciently descended of royall English blood , and his nobles hence forth in their posterity , be●ing with us , and wee with them , all of Brittish blood ●an esse ulla major , aut in signi●or contumelia potest , quam partem civitatis , velut contaminatam , indignam connubio habe●ri ? Quid est aliud , quam exil●●um intra eadem moenia , qua● relegationem pati ? ne propi●quitatibus , ne affinitatibus im●misceamur , ne societur sanguis ▪ What can we say more but render all possible praise and thankes to our good , and gracious God , who by his servants our two gracious Soveraignes , hath reduced , and restored the whole Island of great Britaine , answerable to his first beginning , and ancient former being ; like to one City , even one Ierusalem , which is a City , at unity within it selfe . Hoc verè Regium , duos populos unum efficere . As the king of kings hath in mercy done to Iew and Gentile , to Grecian , and Barbarian , fecit utraque unum : he brake downe the partition Wall , and hath gathered the people , & kingdomes together to serve him , dissoci●ta locis concordi pace ligavit . And why should no● many , and moe then tw● kingdomes , as well civilly a●bide in unity of Subjection ▪ as many Christian nation● continue in unity of faith ▪ But that the one hath the spi●rit of God , which is autho● of peace , and lover of con●cord , directing them : and the other the spirit of Satan ▪ author of contention , and cause of confusion , perverting them . Which thi●g king David well perceived , praying God for his Sonn●Solomon , that he might enjoy the full possession of the whole dominion from sea to sea , promised to Israel under Moses , but not fully obtained till then , because of the peoples sins . And albeit for our manifold , and great sins , this whole Island was overlong divided into two , and forced by former division to many battels , and much shedding of blood ; yet we praise God , that in these our dayes , the full possession thereof is restored , and given to our peaceable Solomon ; so as not only all his own subjects , even from Sea , to Sea , of both the kingdomes , are in him united into one ; but even the potent , and powerfull neighbour kings seeke peace , and ' make league with Israel , even the kings of Tharsis , and of the Isles , bring presents , the kings of Sheba , and Seba brings guifts , as in the daies of Solomon . This change ( even the happiest change that ever was ) from a people so divided from one , by Gods eternall decree , and speciall mercy , to be made one , biddeth us open our eyes , and calleth us alowd , come , and see ; speque , fide que inquit , majora videbis . For our Island , formerly for sin divided ( as the Echinades Insulae , were faired by Poets , once far seperate , and distracted , for contempt of their Gods ) is now become like that Island Delos , which though it floated , and was tossed sometimes upon the waters , à gente in gentem , as one wave forceth another ; was neverthelesse reported to be afterwards , truly firme , and stable . Doubtlesse that God which hath written in the waters , and the Sea , legible for ever eye to see , and read Mare Britannicum : and who hath continually carried in directing the pens , and pensils of all Cosmographers , Mapmakers , or whatsoever Historiographers ( whom Alphonsus Sicilia calleth optimos Consiliarios mortuos ) not to alter the first , and old name , but to call it in all their writings and descriptions , Mare Britannicum ; hath graciously , and miraculously effected for the land also , that out of the dead ashes of old great Britaine , should be raised even the self same Britaine , as the Phenix living , and dying , est eadem , sed non eadem , quia ipsa , nec ipsa est . O admirable Metamorphosis , & happy changel England , and Scotland have left , though not lost , their names , both being preserved in the Bosome of great Britaine : Non duo sunt , nec forma duplex , but , neu●runque & utrunque videtur : and of both us English and Scottish being now Britaines may it be said , as of them two brethren , alteruter & uterque ; alteruter est uterque , ut●rque autem neuter . Which I againe call that faire Phoenix , dying , and living , eadem , & non eadem , quia ipsa nec ipsa est . In which , excellent ? and vyonderfull work , the rather , and better to bring to passe the good purpose of uniting the two kingdomes and people into one , it hath seemed best to the godly wisedome of divine providence , first , and long since to knit all our hearts in one holy religion , and in the same service , and godly worship , to make us all like Citizens with the Saints , and of the houshold of God , renewed in Christ , and reconciled into one body , acknowledging but one God , and professing but one faith , and religion , the hope of our vocation . Whereby we learne , and cannot but confesse , ( if , as Ciprian saith , consiliorum gubernaculum , lex sit divina ) that that Common Weale best pleaseth God , which commeth neerest to the Church of God , that wisest Polititiās , are best Christians , that best governments have correspondence with Gods lawes ; and that those kingdomes are best ruled , and the more blessed , which are of one heart and one obedience , even as all are one in Christ , who is the head , and all under his government , are by one spirit , but one body . Wherefore the good Emperors Theodosius , and Valentinianus writing to Ciprian Bishop of Alexandria , were bold to commend their government , according to the platforme , before described , saying : A pietate quae in deum est , Reipublicae nostrae constitutio pendet , & multa utrinque est cognatio , & societas , &c. Which most excellent patterne , and forme of government , is after the example of Christ , uniting all into one and this the Psalmist resembleth to that precious ointment , powred on the head of Aaron , and running downe his heard , even to the skirts of his cloathing : for so doth sweet and precious union rest chiefly in the head , which is but one , and from thence run all along , and alike to all the parts of the people , which are but one . But shame on Schisme , whither it be civill , or ecclesiasticall ; for it renteth the seamlesse Coat of Christ , both in the Church and in the Civill state , even in the doctrine , and ceremonies of the one against the truth of God ; and in christian charity , and common civility of the other against the peace of men . Wherefore whosoever opposeth himselfe against the one , or other , is more unreasonable , and may be thought more cruell , than the souldiers which would not divide Christs seamelesse Coat , but cast lots , whose it should be ; saying , Sortiamur cujus sit . For it cannot bee denied , but that they which divide Great Britaine , to have it divided within and against it selfe , divide that , for which they cannot say , sortiamur ; seeing cujus is known , and sit cannot be denied : but sortiamur , and cujus , and sit , should wholly , and only be left to his Majestie , and to his royall succession for ever . Only let our contention be , as was that of Israel and Iudah , who should be forwardest not only in bringing our King unto the seate of his kingdome , but also now to preserve the possession of his kingdome , Sartum & rectum , inseparably united to the King , and joyntly united and undivided within it selfe . Vnus rex , una lex ; unus pater , una communis patria ; unum caput unum corpus . Let not private respects hinder a common good : let every man be as one man , of one heart and one soule , united to his Majesties gracious intentions , which are for the everlasting good of every one . If the King had commanded thee a great thing , wouldest not thou have done it ? How much more then , when he saith , bee you all of one minde to live agreeably together , in one uniforme government , for your owne undoubted good . Cedat jus proprium regi , patriaeque remittat . And to conclude in nomine , & omine Concerdiae : to consummate this structure of union , and to consecrate it to all eternity , as the Romanes did their Temple of concord . Behold , now is the time of establishing the unity of both Nations together ; ( as he said ) Si quando unquam consociandi imperii tempus optastis , en hoc tempus adest , & virtute vestra , & deûm benignitate vobis datum . Heretofore , as C. Marius said , he could not audire ju● prae strepitu armorum ; so by reason of civill discord betwixt both Nations , the name of unity was but as a pleasant song , touching the eare , but not entring into the heart or serious consideration of either part . And so for many yeares this cogitation crept in every where . The name of Britain seemed as a brutish name , all commixtion betwixt us seemed confusion , any mutation for union sake an utter subversion of all the state . But now the matter is come Extra Rubiconem : jacta est alea : the matter is proceeded in , Aut nunquam tentes , aut perfice . Such a matter of state is not slightly to be intended . And I know , that all the honourable Commissioners on both sides thinke every one of themselves not to be imployed in this so great businesse , only as pro Consule and in his owne person , but pro Consulibus , & in commune omnium ; and therefore will be assembled like wise Romanes , who after long dissention , and part takings , made full reconcilement and concord perpetuall for all matters in Aede Concordiae . And I doubt not , but all Subjects will in all places , as the Graecians did after long variance embrace that joyfull {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} agreed on , for good of all , not for fashion sake , as among heathen , but for conscience sake , as among such , which truly know , and feare God , who is author of Vnity , and but one God : that so there bee henceforth , a perfect , and perpetuall establishment , according to the lawes of Medes , and Persians , which may not , nor cannot be altered ; remembering , inimicit●as mortales , amicitias immortales esse debere . Only yet I would set before all mens eyes that worthy speech of the renowned Tullus Hostilius King of Romanes , in the reconcilement of Rome , and Alba , and represented unto us in uniting England , and Scotland by our two gracious Soveraignes , Quod bonum faustum , foelixque sit populo Romano , ac mihi vobisque Albani , populum omnem Albanum , Romam traducere in animo est : Civitatem dare plebi : primores in patres legere : unam urbem : unam remupb . facere : & , ut ex uno quondam in duos populos diversa Albana res est , sic nunc in unum redeat . And now also concerning the name , I recite only a Poeticall fable , yet moralized , no fable : That when Neptune and Pallas did strive , whether of them should give name to Athens , it was agreed , that he , or she should name the City , who could bring the best gift for common good . Wherefore Neptune did strike the Shore , and it brought forth an horse , fore-shewing that Athens should bee warlike : but Pullas gave the City an Olive , signifying peace , and that the City should flourish by peace : whereupon , peace being more profitable than war , Neptune was enforced to yeeld his interest ; and Pallas gave the name . Oh how blessed are the peace-makers ? How beautifull are their feete ? How glorious , and joyfull the light of their countenance ? — pax optima rerum , Quas homini novisse datum est ; pax una triumphis Innumeris potio . K. Iames first Dove-like brought the Olive branch , shewing that the waters were abated , anger appeased , dangers escaped , sorrows fled , and that salvation and joy entered the Arke of Great Britaine . And it is and hath long been his most sacred Majesties desire to encrease and establish the Vnity of both Nations , happily begun by his father King Iames of blessed memory ; wherefore let it be the daily prayers of all true Subjects , that God in mercy will still continue the s●me , to his Majesty and his posterity for ever . FINIS . 
A66737	----	The history of the Kings Majesties affairs in Scotland under the conduct of the most Honourable James Marques of Montrose, Earl of Kincardin, &c. and generall governour of that kingdome. In the years, 1644. 1645. & 1646. De rebus auspiciis serenissimi, & potentissimi Caroli. English. Wishart, George, 1599-1671. 1647 Approx. 346 KB of XML-encoded text transcribed from 106 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-07 (EEBO-TCP Phase 1). A66737 Wing W3120 ESTC R217175 99828875 99828875 33308 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A66737) Transcribed from: (Early English Books Online ; image set 33308) Images scanned from microfilm: (Early English books, 1641-1700 ; 1962:14) The history of the Kings Majesties affairs in Scotland under the conduct of the most Honourable James Marques of Montrose, Earl of Kincardin, &c. and generall governour of that kingdome. In the years, 1644. 1645. & 1646. De rebus auspiciis serenissimi, & potentissimi Caroli. English. Wishart, George, 1599-1671. Matham, Adriaan, 1599?-1660, engraver. The second edition corrected and much amended. [26], 184 p. : ill. (port.) printed by Samuel Browne, English bookeseller dwelling in the Achter-om at the signe of the English Printing house, Haghe [i.e. The Hague] : [1647] A translation of the author's "De rebus auspiciis serenissimi, & potentissimi Caroli", first published in 1647. Date of publication from Wing. With engraved portrait, signed: A. Matham. fe. Includes errata. Caption title on p. 1 reads: The affaires of the king of Scotland, under the conduct of the most honourable Iames Marquesse of Montrose, Earle of Kinkardin, &c. and generall governour for his Majesty in that kingdome, in the years 1644, 1645, & 1646. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Montrose, James Graham, -- Marquis of, 1612-1650 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2003-02 TCP Assigned for keying and markup 2003-03 Aptara Keyed and coded from ProQuest page images 2003-04 Rina Kor Sampled and proofread 2003-04 Rina Kor Text and markup reviewed and edited 2003-06 pfs Batch review (QC) and XML conversion Iames Marquesse of Montrose , Earle of kingcairne , Lord Graeme , Baron of Mont dieu , etc ▪ Lieutenant Governour and Cap t. General ffor His Ma tie . in the kingdome of Scotland . A. Matham . fe . THE HISTORY OF THE Kings Majesties Affairs IN SCOTLAND , Under the Conduct of the most Honourable Iames MARQUES of MONTROSE , Earle of Kincardin , &c. and Generall Governour of that Kingdome . In the years , 1644. 1645. & 1646. The second Edition Corrected and much amended . HAGHE ▪ Printed by Samuel Browne , English Bookeseller dwelling in the Achter-om at the signe of the English Printing house . To the High , and Mightie , CHARLES By the Grace of God , Prince of Scots , and Wales , Duke of Cornwal and Rothesay , Heire of Great Britaine , &c. LOw and humble ( Most High , and Mightie Prince ) doeth Your Montrose addresse himself to Your Highnes presence : not He himself , in his full aequipage , no , nor a moitie of him , and in truth Scarse a mean scantling of that matchles worth . Who , though unpolished and rude , and , in this his Roman dresse , ill deck● , rough , and uncomely ; yet shal be not feare the publike view , if You daigne him that favorable aspect , and grace , which You are wont to vouchsafe even forraigners , and strangers that court You. And he thinks , he may , upon better grounds then they , presume to entreat this , he being no alien , but a lawful native of your Royal Fathers haereditarie Kingdome : and no otherwise , then by the fatall calamitie of those times , exposed , bred , and fed in a strange land . Nor doth he want lively characters , and marks imprinted in him , to evidence from what land , and father he is descended : That , Your own Scotland , wherein one hundred and nine of Your Progenitors have raigned ; all whose Royall blood runs in Your veins , and divine souls breaths in Your breast : Him a free , born , and bred native , of that most ancient Kingdome ; a loyal servant of Your dearest father , his most Gracious Lord , and faithful follower of his , in despight of all the casualties of fortune . Which arguments , if they be not sufficient to conciliat the sweet gale of Your Grace , to inspire health , and life , in this tender birth , otherwise readie to expire : yet let me beseech Your singular clemencie , to lend it so much of Your countenance , as to observe in it ( though drawne with a rude pencill ) some lineaments , and shaddows of it's first patterne ; and even for those resemblances sake , vouchsafe it so much of Your countenance , as may give it some life and being , if not immortalitie . For , who would despise that only Pourtra●cture that were of Scipio , Caesar , Alexander , or of Your Royall Grandfathers , exstant , Iames the Peaceful , or Henry the Great , because the work of some obscure , and perhaps , unskilfull craftsman ? I can wel divine , Montrose will not long want an Apelles , or Leucippus to paint him out , and limbe him to the life ; nor an Homer perhaps to sing his praises : only ( most Gracious Sir ) be pleased to use a while these my poore endeavours , till those more worthie show themselves to the world . And looke not on the harshnes of my stile , but bend Your high and generous thoughts upon the actions , truly Roman , that 's to say , Noble , High , Heroik , Great , and farre transcending meane and vulgar spirits . And , if You wil impute ( as is fit and just ) the blemishes and errours , which herein may occurre , to the weaknes of my wit and judgement , and no wayes , to my Patterns Genius , I dare boldly undertake , that your Montrose shall prove neither unpleasant , nor unprofitable . For , what can be more pleasant to a Prince , second to none on earth , but his Father , borne in that eminent dignitie , bred in that condition , and from his infancie trained up in those wayes , which resent nothing but Heroicall deeds ; then to have alwayes before his eyes , that worthie , whom ( be it said without envy ) no man in his time goeth beyond , to embrace , caresse and cherish him , and coppie out his actions , and observe , How he behaves himself , how brave and goodlie , In Martiall feats , manhood and Chevalrie ? Who taking up arms to serve the commands of the best of Kings , your most Gracious Father , and leading the dance , as it were , to usher in Your Valour , which now waxeth to ripnes and strength apace ; hath performed such exploits , as strikes the present times with admiration ; and gratefull posteritie shal ever preserve in memorie . For , though envy presse hard upon true glorie , and tread upon her heels ; yet that short lived , and self destroying furie , shall never overtake , nor ecclipse her solid and immortall lustre . In the meane time ( most Gracious Sir ) we present You here with no smoothe fables , or Romanses . Antiphates , and Scillaes gulf are not my theme , Swallowing Charybdis , devouring Polypheme . No gyants , or glorious wonders ; yet enemies , as like gyants , and Victories obtained over them , as like wonders , as may be . For , what did ever lying Greece faine of the proud attempts of their old gyants , which these conspiratours , the sons of the earth , have not dared to doe against God , religion , faith , loyaltie , and right , in all their dealings , with Your Royall Parents , Your self , and all Yours ? who heaping up mo intains , upon mountains of lyes , calumnies , and slanders ; reared up those bulworkes , from whence , with horrid violence , they have fought against the Gods. And what did they imagine done by Apollo , by Pallas , or Mars , to overthrow those monsters ; which our Montrose did not with like courage undertake , and successe performe ? And now that having vanquished , he did not finally , and totally triumph over them ; we must impute it to the force of Your Fate , which would not permit the Genius of Your countrey , to owe so glorious a deliverance , to any others valour , but Your own . Nor indeed , seemed it convenient , that any other should thunder downe Enceladus , with those other Titans , to Hell ; but the sonne of him , whose father those gyants kept in chains . And then ( Great Sir ) when You intend those courses , to which the lawes of God , and man oblidge You ; the vindication of Your Father , and countrey , from that most savage bondage ; what can be more profitable , then to have Your eyes stil on him , as the guide , and leader of Your way , who first of all discovered the counsells , plots , and treacheries of these traitors , and , as I may say , alone did show the way , how to lay their intollerable pride , and breake their power , though growen verie great , before it was perceived . For You shall find him a body , without a soul ; for being no more valiant in arms then wise in counsell and managing affairs , he advised ●mously ( and would to God his counsell had prevailed ) to strangle that monster in the cradle , aswell as when it was growen strong , he had crusht it , but that Your growing vertue , was not to be defrauded , of so large a field , for purchasing renowne . So that besides his singular valour , and militarie skill , You may find in him choise instructions of civil prudence , and politik wisedome ; which though ( through the sad fatalitie of the times ) they were but ill believed , yet such as may perhaps be usefull to Your self , and after ages . And this is seene clearly , in that advise , to prevent betimes , the purposes and practises of these traitors , who had built their hopes upon the sweet disposition of our most Gracious King. His clemencie to wickedst rebells , his trust in unworthie persons , his bountie to ingrate men ( for such most of them proved ) and great compassion on all ; more then on anie strength , or power of their own : and to compasse , and quell them , by the force of just armes ( since they had left no other way ) before their forces , with too long delay , should bulk , and grow too puissant and great . And if but this had beene put in execution ( to say nothing of what else befell us ) our Britaine had never become the bloodie stage of this unnaturall war ; the glorious Temples of our Lord had never beene so vilely , so wickedly prophaned ; our streets had never so swame with the innocent blood of our best Nobles , and Churchmen ; Your Royal Father , and Brothers had never beene detained in so unworthie bonds ; Your Gracious Mother as a widow , and Your self , as a banished exile , had never beene forced to live beyond seas ; though in an hospitable , and friendly , yet strange and forreigne land . Who is 't , that can such stories tell , And his dry eies , with tears not swel ? And seing in al these exploits ( even above envy it self illustrious ) the Almightie most evidently kithed his own immediat hand ; so that to God alone the whole and solid glory is duly to be rendred : yet withall , who can but acknowledge , honour , admire , love , and set forth his worth , whom that Great God thought good to depute his instrument of so glorious atchievments ? For , had our Montrose beene only to graple with open enemies in the fields , perhaps these might seem matters of lesser moment : That he was never pursued , with lesse then two , somtimes three armies at once , in the front , the rear , and flank ; and the least of those , for number of souldiers , choice of weapons , and abundance of all warlike provision , farre exceeding all the forces that he could gather ; yet did he still free himself of them all , with equall resolution and successe : That , he had never other Magazin of arms , powder , shotte , or instruments of warre , but what by force he tooke from his conquered enemies : That , in the space of one yeare , he obtained six compleat victories , in sett battells in the fields ; and chased the conspiring Lords quite out of all Scotland : That he endured the winter , in a most bitter frostie cold countrie and Climate , without Garrison , without tent , or hutte , or boothe ; for most part under the open Canopy of Heaven : That dry , he quenched his thrist with cold water , and that such , as from the melting snow came dropping down these mountains : That , without bread , or salt , with beife alone , and that often scarse , stale , and leane , he sustained hunger ; and all such other inconveniencies of warre . But his master-piece , and hardest taske was , to wrestle with those , who would seeme the sharpest avengers of the wrongs done to the King ; and patrons of Majestie : with some of their dull , heavie , and stupid sloth ; others intolerable pride , some of their base couwardise , others their sordid avarice , some of their horrible perfidiousnes . So that had not his constancie , and courage been undanted ; and that loyall flame of zeale , which in his heart did burne towards his dearest , and most dread Soveraigne , beene unquencheable ; he had never been able to bear out , endure , resist , and rectifie all those severall unruly passions , and humors of men . For , by severe laws of militarie discipline , or other punishments ( as Commanders in chiefe are wont ) Montrose neither ought , nor could restraine his souldiers ; who received no pay ; but took up armes freely , of meere loyaltie to their King , and goodwill to him their Generall : and who could easily have turned to the rebells side , so soone as ever they had but seemed to themselves to be provoked by the sleightest injurie , or branded with the least note of disgrace ▪ men , for the most part , head-strong , turbulent , factious , and readie to revolt , upon the meanest irritation and pette . So that to preserve , at once his own authoritie , with the good liking of his souldiers , was the most difficult taske in the world . Nor was there any thing that more violently exercised his wit and judgement , then that it behooved him to square out his counsells and actions , to the measure of other mens capacities , or at least , seeme so to doe . But he , that he might advance the Kings service , made no account of , and despised , as things farre under him , all the hatred of his enemies , the envy of his emulous rivalls , the back-byting of Court-sycophants , the complaints of his friends , the reproaches of the people , and ( which was of all others , most terrible , and most affrighted the superstitious minds of the simple multitude ) all the execrations ; and anathemaes of their fierie and furious Ministers , Verilie , He , a Generall worthie of a nobler command , and more happie times then these . And now ( most Excellent Prince ) this same Your Montrose , will plainly show that which I hope will most of all conduce to Your affairs : That all Your Scots have never made defection frō their most Gracious Lord and King. Which , while some unjust enemies of our good name , too bitterly , and malitiously strive to rubbe upon us ; they are no more undeservedly injurious to us ; then indeed unfaithful , and treacherous to Your Royall Father , and Your self . Because , they goe about only to render Your best and fastest friends , servants , and subjects suspected , and odious , and consequently uselesse unto You , and unprofitable : of whose loyaltie , and valour , they themselves ( the worst of evill counsellours ) have just cause to be jealous ; least by their means , it be brought to passe , that one day they may receive the just punishment of their treacheries . But , let no man unworthily upbraid us , that this reflects upon the most renowned nation of the English , as if we did neither think , nor speak aright of them : which is a crime that we abhorre from our very souls . And to the contrary we doe confesse , applaud , magnifie , and congratulate to their immortall glorie , that many worthies of that nation have showne themselves most loyall , brave and gallant , and done rare , and glorious deeds for their King. Only this we entreat for , that with the same ingeniousnes , and candour they would deal with us ; and not lay the guiltines of any one faction , though never so powerfull and prevailing , to the charge of the whole nation : nor do to others what they would not have done to themselves . Neither let them deny , but that there are , and have been Scotsmen , eminent personages , of everie degree , and qualitie , who in these most disastruous times , have been readie and willing to shedde their dearest blood , for asserting and vindicating the Royall Majestie , from the combinations of most pernicious rebells in both Kingdomes . And this is so evident , and cleare ; that these Scots may ( without all boasting ) boldly affirme , That they , being hired with no pay , nor expecting other reward ; but meerly moved by a good conscience , and faith , and pietie towards their most Gracious Soveraigne ; have suffered for him greater losse , according to the condition of their fortunes , and done the rebells greater harm , and obtained more noble victories over them , then others ; who , having drained and exausted the Kings Exchequer , reduced him to that extream penury , & want of al things , that in the end he was necessitated , to render up his Sacred Person into the hands of the conspiratours . But , ô how much better had it been ( in our weak judgments ) if it had pleased God , that his Majestie had retired himself to his own Scots : not those , who then were armed against him , for the English rebells ; out these loyall , trusty , faithful , and valiant ones , who fought for him under the conduct of Montrose . Assuredly , to those , who under the command but of his Lieutenant , and Leader of his Armies , durst so gallantly attempt , and did so happilie atcheive , what in this book we have most faithfully recorded , nothing could have appeared too arduous , and difficult to compasse , had they been encouraged , and animated with the presence of so dear a pledge . Nor can any doubt , unlesse he be altogether ignorant of the Scottish affairs , but that , if his Majestie had come among them , he would have easily drawn to his party , the hearts and affections of his native subjects ; who wholly enclined to him , of their own accord . But this being too to well known to the leaders of the rebellion , their speciall care was , that he should find no entrance to his native countrie , when he was in their hands , not fourtie miles distant from the borders of it . And truly the Scots in generall , though ( cheifly at that time ) sorely opprest with the heavie yoke of those usurping tyrants ; yet were they not afraid to curse , with bitter maledictions , the authours , and abetters of that shamefull deed , of delivering up their King to the hands of the English. And even those , who formerly went along with the conspiratours , in all things else , did openly , and not without danger of life , talke thus aloud : That , the single Kingdom of Scotland , had of old sufficed his Majesties ancestours , to mantain their just rights , and Royall dignities : That their own forefathers had been sufficiently able , to defend and fight for thē , against their fiercest enemies , cheifly the English , of whom they had purchased manie , great , and glorious triumphs , while they opposed them for their Kings . That , though they had warred often and long with sundries , as well inhabitants of the same Island , as of other countreys , with various successe of uncertain warre ; yet could they never be reducted to those straights , so sleightly , and as it were perforce , to deliver up their Kings to the arbitriment of others . And that they should not now consent to doe it the verie ghosts of their fathers ( they said ) the most sacred name , and Majestie of a King , their faith , alleagiance , loyaltie , reputation among stangers , example to be derived to posteritie , all right , all lawes of God and man did withstand . And moreover ( they added ) that it did plainly contradict , and fight against their own verie covenant ; wherein they had invoked , as both witnes and judge the immortal God , that they would maintaine and defend their King , the safetie of his person , his dignitie , crowne , and greatnes , against all men living , with their lives and fortunes to their last breath . So that , beside those seditious and sacrilegious persons , ( who first raised that armie by wicked means , and then got the command of it in their own hands , and with the dreadful terrour therof overawed their poor countreymen , unarmed , unprovided for warre , without any head , or cheistaine ) beleeve it , most of all the Scots , desire no greater happines then an occasion to testifie their fidelitie , obedience , and love to their drearest King , and to seal it with their blood . Nor is it to be questioned , but that they , being now so trampled on by most barbarous tyrannie , would gladly return to their wonted subjection , under the just and easie government of their most Gracious Lord and King : so soone as ever Your Royall Fathers most wished for presence , or Your own shall appeare or shine in their Horrizon , like a blessed starre , or influence from heaven . It behoveth You then ( most Gracious Sir ) to employ all the power and force You can , of body and mind , to succour Your countrey , and Father , both in extream danger at this instant . All , to this end , pray , implore , expect Your help ; and promise theirs . This undertaking , by the law of God , and nature , and prerogative of birth , belongs unto You : and the eyes and thoughts , not only of Your owne , but of all the world are upon You. And all men of honour , and honestie , heartily desire , that by Gods help , and with their best wishes , and assistance , You may goe about this glorious enterprise , of restoring the Church of God , now sunck , and drowned in the stinking puddle of so manie vile , and odious sects , to her former luster , and puritie ; of re-establishing Your Fathers throne and Kingdome ; of recovering Your countreyes wonted felicite , and happie conclusion of all , in a solid , lasting , and much desired order and peace . And so , in a good time , may that most ancient Kingdom of Europe , acknowledge , fear , love , and adore You , as their only highest Lord , and Soveraign : and so may this happines befal from time , to time , world without end . To You and to Your offspring evermore , To them , and those , who from them shall be bore . VVherfore ( Most High and Mightie Prince ) vouchsafe to raise up Your Montrose in Your thoughts , to cherish him with Your countenance , to employ him in peace , or warre , as a counsellour , or Captaine , a worthie , of whom ( I hope , and dare promise ) so Great a Prince shall never be ashamed . The first of October In the yeare of our Lord. 1647. To the Courteous READER . THer be some few things ( courteous Reader ) wherewith I would have them acquainted , who shal come to reade this breife Commentarie : whereof , some concerne the Lord Marquis of Montrose himself , whose actions at home , in his native Countrey , by the space of two yeares , are heirin described ; and others , the Authour of this worke . And first , I would have thee understand that Montrose is the Cheife of the Graemis , a most auntient , & renowned family in Scotland ; and that in the language of the auntient Scots , He is called Graeme the Greate . He deryues the first known source of his pedegree , from that most famous Graeme , so often , and so honorably mentioned , in the monuments of that Kingdome ; father in Law to Ferguse the second of that name . Who first , under the command of his Sonne in Law the King , overcame the Romans , and overthrew Severus Wall , the furthermost border of the Roman Empire ; built all along from Forth , where it is navigable , to the mouthe of the River Clyde , where the Isle of Greate Britaine is narrowest ; and so closed up the Roman Province in straiter bounds . Whence it comes to passe , that the ruins of that Wall , yet evidently appearing , beares his name to this day ; and by the neighbouring inhabitants , is called Graemsdijke . And this same founder of that Noble race , after the death of his Sonne in Law King Ferguse , being declared Administrator of the Kingdome , and appointed Governour to the young King his grandchilde ; was no lesse famous , for his peaceable Government , then exploits of warre . For having recalled , and brought home againe the Doctors , and Professors of the Christian faith , banished by late persecution & warre , to their native Countrey , & settled aswel the Church as Kingdome with wholesome Laws ; of his own free accord , gave up the Government to his Grand-child , now grown to some ripenes o● yeares . He lived in the dayes of Honorius and Arcadius Emperours , about the yeare of our Lord 400. from whose loynes sprang a long & flowrishin● stemme of sons , and nephewes , who inheriting still , that the● greate Grandfathers Vertues , grew famous in the following generations . Among these , that valiant Graeme was eminent who with Dunbarre , brought timous aide to his Countrey , then in greate danger by the Dones ; who having overpowered England , from thence with greate Armies often , but in vaine , invaded Scotland . And after , that most Noble Iohn Graeme , came short , for vertue , & just renowne of none of all his auncestors ; who , after the fatall end of Alexander , the third of that name King of Scots , in the time of the interraigne ( Bruce , and Baliol then disputing , which of them two had the iuster right , and title to the Succession ) with that so justly admired William VVallace Governour of the Kingdome , played the most valiant Champion , for defence , and recoverie of his Countreys libertie , from the unjust usurpation , of Edward the first , King of England . In the which quarrell , after manie gallant acts atcheived by him , like a worthie Patriotte , he died nobly , fighting in the Field . The sepulchre of this renowned Knight , is yet exstant in a Church called Fallkirk , for Wallkirk , from the foresaid Wall of Severus , or Graems dijke , neare to which it is built : about the which wall also , the Lord Marques of Montrose enjoyeth divers large , & fruitfull farmes or feilds by right of inheritance , from that first Graeme , through so manie hands & ages transmitted unto him . Yet , least we may seeme , only to deduce this most famous worthie , the splendour of his noble Pedegree , from the obscure trace of so remote antiquitie ; we shal descend to later , & better known times . And so cannot passe his Grandfather Earle of Montrose in silence ; who , almost in our own memorie , was raised to places of greatest honour and trust in that Kingdome , which he most faithfully , and worthly discharged . For being Lord High Chauncelour of Scotland , at what time Iames the sixt of that name , of ever blessed memorie went to possesse the crowne of England : he was by the same King created , and left behind him Viceroy of Scotland : in which highest place , and degree of dignitie , he died aequally beloved , and deare to King and people . And then , the Father of this man , singularly endowed with all eminentest graces of mind and body , so as few living in his time could equall him ; and no lesse famous in forragne nations then at home : For when he hade performed many honourable Embassages for King Iames , was by King Charles declared Lord high President of the Supreme counsell : and being , snatched away in his prime , by an untimly deathe , from his King , countrey , and all good men , he died much lamented , and highly estemed in every mans affections . And now , what men should think of , and hope from this present man Grandchild to the Viceroy , and Lord high Presidents Sonne , let every one that pleaseth , judge , by the things he hath already atcheived , when now it is a yeare and an halfe , since he left that Kingdome , and yet hath not attained to the thirty and sixth yeare of his age . One thing only more will I adde in thy favour ( Courteous Reader ) from the auntient Monuments of that Kingdome ; That three , almost , fatall periods have threatned heretofore the Scots Nation ; first from the Romans , whose yoke our farefathers did shake of under the conduct of that first Graeme , who was lineally descended out of that auntient , noble Brittish family of the Fulgentij : The second from the Danes , who , that they never gotte the Masterie , and Lordship over vs ; we owe it especially to the greatest valour of that second Graeme : The third from the English & Normans , whom that thrid Graeme , of●ner then once did beate , and drive out of Scotland ; and , in many bitter conflicts , did them much mischeiffe . So that , as they were wont to say of the Scipions in Afrik , we may say , of our Graems , that that name by a luckie destinie hath been appointed for the succour of their native covntrey in greatest dangers , & distresses : & that in these , the worst times , that ever was , this man was not raised but by speciall divine providence , to preserve the Kings just rights , to restore to his fellow subjects , their wonted peace , libertie & safetie , and infinitly to encrease the auncient splendour and glory of his own Family . And this is all , that I thought fitt to have briefly praemised of my Lord Marquis of Montrose . Now , of the Authour himself , conceive this much ; That he is a man not very conversant in these Studies , nor ambitious to be praised for excellency of wit , which he acknowledges to have but small or none ; nor covetous of reward , or gaine , which are the sharpest spurres that in this age doe push men to it , to putte hand to the Pen. But that , he did put hand to this worke , only being enflamed with and ardent zeale , of propagating truthe , to after ages , & forraigners . For how many are ready to patronise , and magnifie , even greatest villanies , when they prosper ; and how few to advance , and defend truth , once afflicted , & cast downe ; he had learned by too late and sad experienc , ein a cau●e very neare of Kinn to this . When the conjured Rebells of both Kingdomes , by their ordinary tricks of lying , and slandering , had overthrown the Church , that with the revenues thereof , purchased by hellish sacriledge , they might sacrifice to their own greedie avarice ; and enrich their children , with the heavie curse of God : yet wanted they not those , who extolled them to the skies , as well deservers of their Countrey , yea of the verie Church it self , which they have pillaged , and even of all mankind in generall , when , on the contrarie , they proscribed , defamed , rent , and tore a peeces , with al manner of blasphemies , and curses , all those most holy men of God , Confessors & Martyrs ( for so they were indeed ) who constantly , and couragiously opposed , and withstood their rapines . And therefore he thought , it was no wayes to be doubted , that those same men , who by the same wicked practises , wēt about to pul under feete the Majestie of so good a King to swell high , with his honours , prerogatives , and patrimony , which they had gained , by perfidious trecheries rebellions , & treasons , would find too to many such sycophants ; whereof the world is full ; who by the same libertie of calumniating , and reproaching , would backbite this most excellent worthie , and his Heroicall actions . And , what men say of the waspes , that they sucke the juice from most fragrant , & wholesome flowers , which by their own stings , or tongues they empoyson : so would these Harpyes strive to de●ile his most noble exploits , convert them to poyson and gall , by their venimous tongues & pens , and as such offer and present them to the ignorant , and unwarie world . Against this Mischiefe , the Author thought good to offer this short & plaine discourse as a timely antidote to all that love sinceritie and truth ; whose so faithful & constant a maintainer , he professeth , and avoucheth himself , that though he did well foresee , that he should derive upon himself no small hatred , and envy of many , & mightie men ; yet he resolved , neither servilly to flatter them , nor to envolue the truthe in obscure , doubtfull , or ambiguous termes . For as he was borne , and bred a freeman , so hath he vowed , never to forsake his libertie but with his life . And , though he be ambitious of no other commendation of a good Historian , either of wit , or art , or eloquence ; yet this he thinks he may boldly challenge as his due , that he hath sette down the simple and naked truth : which to assert , and publish to the world , he hath foresaken , & undervalued all those things , which this world holds dearest : thrice robd , and ploundered of all his goods , thrice cast in vilest , and ugliest dungeons or prisons , and now the third time banished , for the same : yet is he cheerfull and gladd in heart , that being guiltie of no crime before men , the Lord hath counpted him worthie to suffer these things for truth , and righteousnes sake . Love him then , at least for his truths sake ( Courteous Reader ) & of what rests make the best you can , by a faire and candid interpretation : & Farwell . Courteous Reader . Be pleased to Correct these Faults which by reason of the compositors not understanding the English Language , is committed with some few more in the live nature . Page 2. Line 18. for firname , read surname . Page 4. L : 20. for professin ghis , read professing his . Page 32. L : 28. for wat , read what . Page 64. L : 6. for know , read known , Page 70. L : 21. for Cordon , read Gordon . Page 79. L : 20. for march , read match . Page 109. L : 20. for Lodg'g , read Lodg'd . Page 171. L : 14. for hig , read high . The Affaires of the King in SCOTLAND , under the Conduct of the most Honourable Iames Marquesse of Montrose , Earle of Kinkardin , &c. and Generall Gouvernour for his Majesty in that KINGDOME , In the years 1644 , 1645 , & 1646. IAmes Marques of Montrosse having at first sided with the Covenanters in Scotland , very actiuely bestowed his too too Succesful endeavors in their behalfe : For at that time they Pretended to nothing else , but the preservation of Religion , the Honour and Dignity of the King , the Lawes of the Land , and the freedome of that ancient Realme , so happily , so valiantly defended in time of yore from such powerful enemies , as the Romans , Saxons , Danes , Normans , by the sweat and bloud , with the lives and estates of their Ancestours . And the tales they made they never wanted fitting instruments to tell and spread among the people . It was given out , that there was nothing more in the aime of the Court of England , then that that free people being reduced to a kind of Province , should be eternally enslaved un●der the power of their old enemies . Yet all thi● while they engaged themselves by their publique at●testationes and even a solemne Oath , that they woul● never goe to worke by force and armes , nor solli●cite the King any other way then by Petition , Tha● he would be pleased graciously to accept the supplications of his humblest Subjects , and to take orde● that his dearest Countrey should suffer nothing i● matter of Religion or the liberty of the Subject . But at last in the yeare 1639. Montrose found ou● that these faire tales were coyn'd of purpose to steale the hearts of the silly and supperstitious multitude and to alienate them from the King , as an enemy to Religion and Liberty . For the Covenanters did no● dissemble to him but spoke out , that Scotland had been too long governed by Kings ; nor could it ever b● well with them as long as one Stuart ( that 's the firname of the Kings family in Scotland ) was alive : and in the extirpation of them , they were first to strike at the head ; so that Montrose easily perceived the Kings Majesty and Person was levelled at . Therefore vehemently detesting so horrible a crime , hee resolved to desert the Conspirators side , to frustrate their counsels to impoverish their store , to weaken their strength and with all his might to preserve His Majesty and his Authority entire and inviolate . But because betweene force and craft , the Covenanters had draw● in almost all the kingdome to their side , he saw himselfe alone to weak to check their power and thereforee thought not good to open himself too suddenly or rashly . Amongst them he had many friends , men very considerable as well in regard of their numerous retinues and clients , as of their wealth and authority : these he had a minde to draw off from them , and bring them with him to the Kings , and by this meanes conceived he should be able to gather no small power , which would conduce much both to the Kings safety and his owne . Meane time the Covenanters raise a strong army against the King , and in a solemne Convention at Duns , they determine to invade England : Montrose was absent then . Which resolution of theirs , the chiefe of the Covenanters had taken up in their cabinet counsels more then six weeks before ; and to that purpose had been busie in divulging through al Great Britain their Apologeticall Pamphlets , whereby they laboured to set a good gloosse upon the reasons of their Expedition . This resolution of theirs Montrose being returned , seeing he could not hinder , would not seem to disaprove : Montrosse commanded in this army two thousand foot and five hundred horse , his friends ( who were most obliged unto him , and had religiously promised their best endeavou●s in the Kings service ) had the command of five thousand more . And truly if a great part of them had not beene worse then their words , they had either brought the whol Army along with them to the King , or at least had broken the neck of the Covenanters designes . When the army came to the river of Tweed ( which 〈◊〉 the border of the two Kingdomes ) dice were cast a●mongst the Noblemen and Commanders , and it wa● Montrose's his chance to passe first over the river ; which he cheerfully performed on his feet , his own foot soul●diers following him , that he might more easily con●ceale his own resolution , and take off all occasion o● suspition . For as well his authority in the Army , a● the integrity of his noble spirit began to be looked o● with a jealous eye by the guilty-conscienced Rebells so that they diligently observed all his behaviour words and deeds . After this , marching over the river of Tine four● miles above Newcastle , by the treachery of the Englis● Commanders who had retreated to York with a poten● Army of the Kings , the Scots possesse themselves o● that Towne : and thereupon , Commissioners being appointed on either side to treat of a Peac● , a Truc● was presently made . In the time of this Truce , Mon● trose had sent letters unto the King , professin ghis fide●lity , and most dutifull , and ready obediency to hi● Majesty ; nor did the Letters contain any thing else These being stoln away in the night , and coppied ou● by the Kings own Bed-chambermen , men most endea●red to the King of all the world , were sent back by the● to the Covenanters at Newcastle : and it was the fashio● with those very men to communicate unto the Co●venanters from day to day the Kings most secret coun●sels , of which they themselves onely were either au●thors or partakers . And some of the forwarder sort o● the Rebels were not ashamed to taxe Montrosse bitterly enough with those letters : and all though they durst not make an open quarrell of it , or call him publiquely to account , because he was so powerfull and welbeloved in the Army , yet they loaded him with back bitings & slanders among the people . For they had obliged unto themselves most of the Preachers through out the Kingdome whose mercenary tongues they made use of to winde and turn the mindes of the people which way they would . Nor did they promote their Rebellion more effectually any other way , nor do yet , then this , to have those doughty Oratours in their popular preachments to raile bitterly against the King and all his loyall Subjects , as the enemies of Christ ( as they love to speake , ) being themselves the while the very shame and scandall of Christianity . Montrose returning into Scotland , and thinking of nothing but how to preserve his Majesty from that storm of Rebellion hanging over his head , at last resolved of this course . He joynes many of the prime men for Nobility and Power , in a League with himselfe , in which they vowed to defend the Kings Majesty , and all his royall priviledges , and ancient and lawfull Prerogatives , with the hazard of their lives and estates , against all his enemies , as well home-bred , as foraign unto the last breath in their bodies . And truly it came to that passe , that there had been an open division in the Army ( which was his aim ) had not some for fear , levity , or cowardise ( which are bad keepers of counsell ) betrayed the whole businesse to the Covenanters . Heare arose no small stirres and braules , but were pacified againe in a while ; for neyther yet durst they offer any open violence to Montrose . But afterward the confederates having given a new oath , made sure the Army at their devotion ; and joyning themselves to the Parliament of England in a strict Covenant , although they saw themselves secure enough from the subtlest designes of any private man , yet they seriously consult how they should take Montrose out of the way , whose Heroick spirit being fixt on high honourable ( howsoever difficult ) atchievements they could not endure . To make their way therefore unto so villanous an act , by the assistance of some Courtiers whom with gifts & promises they had corrupted , they understood that the King had written letters to Montrose , and that they were quilted in the saddle of the bearer , one Stuart belonging to the Earle of Traquair . The beater was scarce entered the borders of Scotland but they apprehend him , rip his saddle & finde the letters . There was nothing at all written in them , which did not become the best of Kings to command , the best of Subjects to obey . Neverthelesse those most exact crafts-masters in the arts of Lying and Slandering set about horrible and tragicall reports by their apt Ministers , that at last all the Kings plots with Montrose , for the overthrow of Religion , & the ruine of the Kingdome were found out and discovered . Nor yet neither durst they afford him a publique tryall , but on a suddain when he suspected nothing , thrust him ( with Napier Lord of Marchiston , and Sir Sterling Keer Knight , two both of his neer kindred and intimate familiars ) into the castle of Edinburgh . At length a Pacification being made between the people of both Kingdomes ( between whom there had been no war , onely they laid their heads together against their most just and gracious King ) a Parliament was called at Edinburgh , where the King in person was present . Montrose desires most earnestly to be tryed before the King and that solemne Assembly ; but to no purpose , for the Covenanters being conscious enough of his innocency and their own guilt , applyed their speciall endeavours to detain the Gentleman in prison unheard , untill such time as the King was got out of Scotland , and they had concluded all things with the King in Parliament according to their hearts desire . And certainly they were much afraid , lest by his wisdome , and courage , and the esteem he was in , as well with his Peers of the Nobility , as with the people , he should have fetch 't off the greatest number of either sort to his own resolution for the preservation of his Majesties Power and Authority . At last the King returning into England ; Montrose and his friends are set at liberty : and because it was ordered in Parliament that he should not come into conference with the King he sat still a while at his own house . This was towards the end of the year 1641. CHAP. II. IN the year 1642. the Covenanters of both Kingdomes began to unmask themselves & let us see more plainly what they meant to do . The Rebells in Eng-England , began to vexe the King with unjust , unreasonable , unseasonable Petitions and Complaints , bespatter him with malitious slanders prophane his sacred Name in scur●ilous songs and Ballads , villifie him in infamous Libells , Pasqui●ls or Pamphlets , raise Tumults , arme great numbers of the scumme and rascally sort of the people , and engage them upon the Kings palace ; in a word , threaten all extremity to him & his : whom although he might have justly punished himself , yet he chose rather to reser them to the Parliament , that he might the more oblige it unto himself . But it was to no end for so gracious a King to gratifie that & many things more to so ungracious , so ingrateful men , who were the very authors and abettors of these villanies . For he had already granted more and greater Graces to his Subjects , for the ease of their grievances ( which they pretended , ) and the security of their persons and estates , then all his ancestors the Kings of England together , from William the conquerour downward . Therefore at last , that he might withdraw himself & his family from present danger , he is forced sore against his mind to depart London : He sends the Queen out of the way into Holland for the safety of her life , & betakes himself to York . The States of Parliament ( as they call themselves ) forthwith , & before the King , take up armes , and divert those very Forces which the King had appointed for Ireland , which were then in a readinesse , and whose Officers had been of the Parliaments chusing , hoping by thē to overth●ow the King himself . The Rebells in Scotland who knew wel enough the King would have strength sufficent to deale with the English Rebells , resolved upon no termes to be wanting to their confederates in so apparent danger as they were in . And al though our most gracious King had given them satisfaction ( as much as ever they could desire ) in that Parliament at Edinburgh aforesaid , which also they have recorded among their publique Acts , neverthelesse they provide themselves for a march into England . Now that they might the better secure their affaires at home , they labour tooth and naile to draw Montrose ( of whom almost onely they were afraid ) againe to their side . They offer him of their own accord the office of Lievenant Generall in the Army , and what ever else he could desire and they bestow . He seeing a mighty storm hovering over the Kings head , that he might give him an account of it whereby it might be timely prevented , undertakes a journey into England taking the Lord Ogilby into his counsell and company . At Newcastle he received newes that the Queen being newly returned out of Holland was landed at Birdlington in Yorkeshire : thither he makes haste , and relates unto the Queen all things in order . She , having had a rough passage , and being not wel recovered from the distempers at sea , told him she would advise further with him about that businesse after they came to York . Thither being come , the Queen of her own accord calls for Montrose , he opens the whole story over againe , & makes it appeare , that there was no lesse danger from the Scotch then from the English Covenanters , if they were not timely suppressed . And being asked his opinion what was best to be done , answered , To resist force with force ; told her , the King wanted not Subjects in Scotland , faithfull men , and ●●out ; nor did they want hearts , or wealth , or power to oppose against the Covenanters if they durst enterprise any thing against the King : all that they wanted was the Kings Commission , without which they durst doe nothing , with which any thing ; and all the danger that was , was in delay : That the Covenanters , when they had once got their army on foot would be able to grinde any one to pieces that should offer to stirre ; therefore the beginnings of so great an evill were to be withstood , and the cockatrice bruised in the egge ; that physicke being too late that comes when the disease hath over-runne the whole body . Wholesome counsell it was , and seasonable , which doubtlesse the most prudent Queen had approved of . But while things were going on in so good a posture , al things were quash't by the coming of the Duke Hamilton out of Scotland upon pretence of kissing the Queens hand , and gratulating her happy returne , but in very deed that he might overthrow Montrose his counsels ; for he had posted thither with the knowledge & consent of the Covenanters . Nor did he himself dissemble that there was some danger from the Scottish Covenanters , but he laboured to extenuate it ; and condemned the counsel of Montrose as rash , unadvised , and unseasonable . That stout and warlike nation was not to be reduced with force and armes , but with gentlenesse and courtesies : Warre , especially Civill warre , should be the last remedy , and used many times to be repented of even by the Conquerous . The fortune of warre was uncertaine ; if the King should get the best , it would be but a sorry triumph he could enjoy over his own Subjects : but if he had the worst on 't , he must expect what hîs soule ( goodman ) abhorred to speake . All meanes were to be tryed to preserve peace with that Nation , nor were things yet come to that passe , that the King should despaire of amity and reconciliation with them : He would be ready to take the whole businesse upō himself , if the King pleased to commit it to his paines and trust , & to authorise him sufficiently thereunto . Montrose replyed , nothing would come of that but the delay of time , untill the Traitors having raised an Army should prevent the King of any meanes to deliver himself and his party from their tyranny . The sad event proved al this to be too true ; but in this debate Montrose was faine to suffer himself to be overborn , being not so great a Courtier as the other ; nor were those vertues which the world now admires discovered then unto the Queen . Hamilton returning into Scotland , seemed to be as active for the King as was possible . The Covenanters mean while by their owne authority ( contrary to the known Lawes of the Kingdome ) summon a Parliament at Edinburgh ; which all understanding men that wished well unto the King foresaw would be of very dangerous consequence to his affaires , & therefore abhorred it so much that they intended not to honour it with their presence . But Hamilton interposing the name and authority of of the King , invited thē by his letters that they would not faile to be all there ; and that they should not doubt but they would be able to out-vote the Covenanters , if at this time they were not wanting to the Kings cause . And if it should happen otherwise , he would be ready with his friends , to protest against the Covenanters & immediately to leave them . Abundance of the Nobility incited by the name of the King , & those hopes , were present at that Parliament , onely Montrose and a few of his adherents staid away . And with Montrose to the Duke had dealt by his friends , that as he loved & honoured the King he would joyn himself unto them . But he ( who had reason to suspect all motions that came that way ) answered , that he was ready to grapple with any difficulty , especially under his command who had so great an honour as to be the Kings supreme Commissioner ; onely on this condition , that the Duke should engage his honour , that if they could not bring up that Parliament to righteous things he would endeavour to enforce them by the dint of the sword . He answered , he would protest , he would not fight . Which passage considered , Montrose to preserve his integrity , expecting the issue , betooke himself to his own home . In that Parliament , the Covenanters out-voted the Loyall party by seventy voyces or there abouts , trampled upon the Royall authority , arrogated unto themselves the power of calling of Paliaments , pressing Souldiers , sending Embassadours , and other things hitherto unattempted , without the Kings knowledge or tonsent . And to make up the measure of their presumption and treason , ordaine that a powerfull Army shall be raied against the King , and in the aid or their confederates of England . To which purpose , they taxe the people with new subsidies & levies , much heavier , then if al the Impositions which upō never so much necessity for two thousand years space by one hundred & nine Kings have been charged upon thē were put together . Montrose therefore , who saw the king was like to be ruined by his own authority , and saw to that he was too weake to oppose himself both against the strength of the Covenanters & the Kings abused Commission , in a melancholy mood made as if he took no notice of any thing . And the Covenanters , supposing that he had received some distaste from the King , by reason of the affront he received at York and Hamiltons over-povvering him , they set upon him yet againe , privately and by friends , to see if by intreaty or interest they could draw him to their side ; offering him authority and wealth , even the greatest Honour Civill and Military . Which offers he did not seem much to slight , that by that meanes he might have an easier vvay to dive into their counsells . The Covenanters that this groving friendship might be the better cemented and sanctified ( God blesse us ) send unto him that great Apostle of their Covenant , Alexander Henderson , who should give him full satisfaction in all his scruples . Montrose heartily desired to speake with that fellow , out of whom he doubted not to pump all the secrets of the Covenanters : and lest a private meeting with such a man should give a scandall to the Kings friends , he tooke the Lords Napier and Ogleby , & Sir Sterling Keere to be witnesses of the discourse , and on the bank of the river Forth not far from Sterling the● met . Montrose made as though he accounted himself● very happy , and much honoured in the visit of so worthy a man , upon vvhose faith , honesty , and judgement , he so much relied . Told him , That t● give the ill opinion of his enemies leave to breath it selfe after some late mistakes , he was content to stay at home ; that he knew nothing of what was done in Parliament ; that he was almost at a losse how to behave himselfe in that ticklish condition the Common-wealth stood ; and therefore beseeched him for old acquaintance sake to let him freely know what they intended . Henderson taking it for granted by these expressions that he was wheeling about towards the Covenanters , that he might the more oblige the Marquesse unto him , answered him flatly and without more adoe , That it was resolved to send as strong an army as they could raise , in aid of their brethren of England against the Kings forces ; that the Covenanters of both Kingdomes had unanimously agreed upon this ; either to dye or bring the King to their lure ; that nothing could fall out more happily , then that he should renew his friendship with his Peers of the Nobility , and the rest of the Kingdome ; that so doing he would give great content to all men , besides the honour and profit that would redound to himselfe ; that by his example others ( if others there were ) that idolized the empty shadow of the Kings name , would give most hearty thanks unto his Lord God that he had vouchsafed to make use of him as the Minister and ever Mediatour of so great a worke ; and at last entreated him to speake out his minde , and commit all such things to his care and industry as he should desire from the Parliaments , either in relation to his honour or profit ; assuring him he satisfied his hearts desire . Montrose having gotten out the knowledge of those things which he eagerly sought for , now bethought himselfe how he should keep Henderson and his party in suspence a while , that they should not yet get within him . For what answere could he give them ? If he should professe himselfe to be against their courses , that would doe the King no good , and might bring a great deale of danger upon himselfe : and on the other side , to put them in greater hopes of him , by promising those things he never meant to performe , as being a staine unto his honour . Therefore he takes this course ; there was present at that conference with Hinderson one Sir Iames Rollock , Chiefe of a very ancient and flourishing family ; his former wife had been Montrose his sister after whose death he married the sister of the Marques of Argyle , the ring-leader of the Covenanters in Scotland : thus being allied unto them both , he seemed to be a very fit mediatour of friendship between them . Montrose askes him whether those things which had passed between them proceeded from the direction of the Parliament , or out of their owne good wills ? He answered , he conceived that Master Henderson had received Commission from the Parliament to that purpose ; but Henderson said no , but he made no question but the Parliament would make good any thing that he promised . Montrose told them , he could resolue upon nothing except he had the Publque . Faith to build upon especialy the messengers dis●greing between themselves . Where upon ( as th● fashion is on such occasions ) one of them layes th● blame upon the other , when both of them ought r●ther to have condemned their owne carlesnesse an● negligence . The conference being thus ended , Mo●trose having obtained his ends , and they being no w●●ser then they came thither , every one went his ow● way . CHAP. III. MOntrose being returned from this Conference , related all things as they had passed unto some select friends whom hee could safely trust ; and witha● entreated them , that ( for the greater confirmation o● the businesse ) they would all goe along with him to the King ; that his Majesty receiving a full account o● all things might lend his eare to sound counsell , and yet ( if it was possible ) provide a remedy against so threatning evils . Most of them were of opinion , Tha● the King and his authority were utterly ruined and irrecoverable ; that is was a thing passing the power of man to reduce tha● Kingdome to obedience ; that for their parts they had acqui●ted themselves before God , and the world , and their owne consciences , that hitherto with the disgrace of their persons , the losse of their estates , and the hazard of their lives they had continued in their allegeance ; hereafter they would be onely lookers on , and petitioners unto Almighty God for better times . Montrose who could by no meanes be removed from so honest a resolution , communicating his counsell to the Lord Ogiléy , ( whom of all men he especially loved ) goes straight to Oxford . The King was absent thence , being gone to the siege of Glocester . He imparts unto the Queen what designes the Scottish Covenanters had against his Majesty ; but he had as good have said nothing , for she had determined not to beleeve a word , by reason of the farre greater confidence she reposed in Hamilton & his brother . Montrose , seeing no good was to be done with the Queen , goes to Glocester , and declares all things to the King himselfe : How there was a powerfull army to be raised in Scotland , & a day appointed on which it should be brought into England ; how their counsels were manifestly knowne unto him ; & how to fetch him over to their side , they had offered him very honourable Commands in the army : but that he heartily detesting so horrid an employment had fled to his Majesty , that he having notice thereof , if he were not able to provide so timely & powerful a remedy as could be wished , at least might cast some blocks & rubs in their way untill such time as he had settled his affaires in England ; that the traitours of either Kingdome might be easily dealt withall by themselves , but if they came once to joyne their forces they would be hardly supprest ; that there were very many in Scotland who would sacrifice themselves and all that they had for their dearest King , whose good will would be of no use unto his Majesty after the Covenanters had raised their army , but destructive unto themselves ; that the haughty spirits of the Traitors were to be sneap't in time , & their strength broken before it grew too big , lest the beginnings b●ing neglected , repentance should prove the onely opposition that could be made afterward . These things , and to this effect did Montrose continually presse unto the King , but in vaine , for he had not onely the strong and deeply rooted confidence his Majesty had of the Hamiltons to struggle with , but the devices of a set of desperate Courtiers beside , who daily buzzed in the Kings eares Montrose's youth , his rashnesse , his ambition , the envy and hatred he bare unto the Hamiltons , and what not ; & on the other side , the Hamiltons fidelity , their honesty , their discretion , their power . Thus Montrose nothing prevailes & the King returnes to his winter quarters at Oxford . And al though his Majesty saw very well ( reports coming thick and threefold of the Scottish army ) that all was true that Montrose had told him , yet the most religious King determined upon no termes to give any occasion of quarrell to the Scots till first they entered England ; resolving that he for his part would perfectly observe the Articles of Pacification he had made with them , which if they should violate , he doubted no● but they should highly answer it both to God & him . While these things were discussed at Oxford , the Covenanters in Scotland bring their businesse about according to their desires , no one opposing them . They raise as big an army as they can , which consisted of eighteen thousand Foot and two thousand Horse ; and at last when they had marched unto the very borders , the Hamiltons were not ashamed to give the King notice by letters of the approach of that formidable Army ; making this their excuse , that according to their engagement they had prevented an invasion the summer before , but now that winter was come on they were able to keep them out no longer , but they would come in immediately with a powerfull Army . The King when he saw himselfe thus grosly abused sends for Montrose , shewes him the Hamiltons letters , and at last ( when it was even too late ) askes his advice what was best to be done . Montrose tells him , that his Majesty might now see that what he had before given him notice of had neither proceeded from ambition , nor malice , nor any self-ends , but from his bounden duty and allegeance ; that for above a twelve-month hee had been continually pressing both their Majesties to prevent this ; that he accounted himselfe very unhappy that all that while so faithfull a servant , could not be credited by so good a Master ; that the case seemed now desperate , but if the King had a minde he might trust them againe who by pretence of his authority had bound some of his friēds hands that they could not assist him & drawn in others who intended nothing lesse under colour of Loyal●y to fight against him , & given up unto the Rebells , now that they had got an army , all that they had without striking a stroke . The King complaining that he was most abominably betrayed by them with whom he had entrusted his Crowne , his Secrets , his Life , earnestly demanded his advice . He repeating againe the lamentablenesse of the condition in which things novv stood , neverthelesse offered , that if his Majesty so thought good , he vvould either lose his life , vvhich if he did , ( he would be sure it should seeme rather sold then lost , ) or else ( vvhich he did not despaire of ) he vvould reduce his Country men and bring the Rebels there into subjection . The King being no little pleased vvith the confidence , undauntednesse , and gallantry of the man , that he might more advisedly contrive his designe , desired him to take two or three dayes to consider of and so dismist him . Montrose returning at the time appointed , shewes his Majesty how desperate an adventure he was vndertaking ; that al Scotland was under the Covenanters cōmand , that they had garrisoned al places of strength that they were plentifully provided both of men and money , and armes , and ammunition , and victuall , & al● things necessar● for a Warre ; that the English Rebells were joyned with them in a most strict Covenant to defend one another against all the world . But for his owne part he had nothing to set up with neither men , nor armes , nor pay ; yet he would not distrust Gods Assistance in a righteous cause , and if the King would lay his Commands upon him he would undertake to doe his best . The King should be in no worse case the● he was . He himself would take what malice , envy , o● danger should fall upon himselfe , so that his Majest● were graciously pleased to condescend to a few reasonable requests . And first , that the businesse might g● on more successefully , it seemed to him very necessary that the King should send some souldiers out of Irelan● into the west of Scotland . Next , that he should give o●der to the Marquesse of Newcastle ( who was the General of the Kings forces towards Scotland ) that he shou●● assist Montrose with a party of horse to enter the sou● of Scotland , by which meanes he might convey himse● into the heart of the Kingdome . Then , that he shoul● deale with the King of Denmarke for some troops o● Germane horse . And lastly , that his Majesty should tak● some course to procure and transport some armes out of some forraigne countrey into Scotland : nothing needed more but humane industry , the successe was Gods part , and to be referred to his providence . The King commending his counsell , & giving him thankes that he apprehended some life in the businesse , encourageth him to fit himselfe cheerfully for so great a worke & wished him to leave the care of those things he had requested unto him . And truly for the matter of aid out of Ireland , the King sends for the Earle of Antrim , and acquaints him with Montrose's design . This Antrim is of Scottish extraction , descended of the noble and ancient Family of the Mac-Donalds , a man of great estate and power in Ireland , & allyed to the prime Nobility of England , by matching with the Duchesse of Buckingham . He being driven out of his own countrey lived at Oxford , and cheerfully undertooke the negotiation with the Irish upon himself , and engaged himselfe also voluntarily unto Montrose , that he would be in Argyle ( a part of Scotland bordering upon Ireland ) with ten thousand mē by the first of Aprill 1644. this passed in December 1643. And as for forraigne aides and armes , the King sent Sir Iohn Cockeram his Embassadour about it with his Commission and Instructions . And directions unto the Marquesse of Newcastle were carried by some of Montrose's own company . Who receiving the Kings Letters and Commission to be Governour of Scotland and Generall of the Army there , made himselfe ready for his journey . In the interim newes comes on a sudden , that Duke Hamilton with his brother the Earle of Lanericke were posting up to Oxford . They , that they might make their accesse easier to the King who had hitherto given eare unto their counsells , and to continue or recover the good opinion the King had of them , gave out all the way as they came , especially unto Governours of Shires and Townes , and Commanders o● the Army , that they were banished their Countrey that they had been plundered of their estates by the Covenanters for their loyalty to the King , and that for safety of their lives , ( with which they had hardly escaped , ) they fled to Oxford . But Montrose and those of his minde saw plainly that these were but tales o● their own making , of purpose to wipe off the suspicion of this new guilt ; and that by this meanes , they in confidence of that esteeme they had lately with the King , and of a strong faction they drove at Court doubted not but they should stand as fair in his opinion as ever , if they were but once admitted into the Kings presence ; and that the onely businesse they ha● thither , was by defeating Montrose againe , clearly to extinguish that little sparke of Loyalty that was no● yet quite out in Scotland . And Montrose delivered himselfe freely , that for his part he would never stand by to be witnese of so great an oversight : an● therefore humbly besought the King that he would give him leave to seeke his fortune in some forraigne countrey , if these men that had deceived him so of should be received againe into favour : not that he desired any severyty should be used against them , onely he wished the King might have a care that they should do him no more harme . The King was drawne with much a doe that they should be forbidden● the Court , yet for all that he suffered the Earl of Lanericke to live in the City . But he ( by whose instigations I cannot tell ) betakes himself from Oxford to Londen to the Parliament of England , and not long after to the Scotch Army which had now entered England , and never since hath failed to doe them the best service he could . The escape of his brother so much moved the King , that he saw it high time to secure the Duke himself . There were severall Scots in the Kings Court and Army who were suspected ( and perhaps not without reason ) to favour the Covenanters too much , and to give intelligence unto them of the Kings counsels . Montrose that he might put these to the touch tooke this course , He got a Protestation to be drawne up by the Kings authority , unto which all Scots who would have the reputation of honest men were to set their● hands : Wherein they professed themselves heartily to detest the courses of the Covenanters , condemned especially the bringing in of an army into England against the King and the Lawes of the Land as an act of high treason ; promised and vowed to acquit themselves of that scandall , and to the utmost of their power , with the hazard of their lives and fortunes , to oppose those that were guilty of that crime . This Protestation all men of honour and honesty readily tooke ; but there were two , in whom the King ●rusted most of all Scotch men next to the Hamiltons , to wit , the Earle of Trequaire , & Mr. William Murray of the Bed chamber , who were difficultly brought unto it at last with much reluctancy , and fear of being discovered traitours : yet even they engaged themselves by a solemne Oath at a certain day to be aiding & assisting unto Montrose in Scotland ; which Oath of theirs afterward they most unworthily violated . This being done , and Montrose on his journey from Oxford towards Scotland , those that were the Hamiltons creatures , and other false-hearted Courtiers began to blast the Honour of Montrose , to call him a vaine and ambitious man who had attempted an impossible thing : to extoll above measure the power of the Covenanters , and that they might dete●re every one from engaging himself in so noble an exploit , gave out every where most maliciously , that no good was ever to be expected from Montrose . He being little troubled with the calumnies of unworthey men , came forward to Yorke & so to Durham : where he sees that the Kings Instructions be sent to the Marquesse of Newcastle , and the next day they met and conferred , Newcastle discours't of nothing but the distresses and necessities of his Army ; how the Rebell Scots breaking in in the midst of winter had spoiled his Recruits , and that now in farre greater numbers then he they quartered within five miles of him ; that he could not possibly spare any Horse without a manifest hazard to the whole Army . Montrose urged on the other side , that nothing could do . Newcastle more service then to let him have a party of Horse ( in which he was very strong ) with him into Scotland , that so he might either divert or at least divide the enemy , and by kindling a fire in their owne houses fetch them home againe to defend themselves . Newcastle courteously replyed , that assoon as he had wound himself out of that present danger , he would not be wanting in any service to Montrose : which promise , there is no doubt but a person of so much Honour and Loyalty would most surely have performed , had he continued any while in the Command of those parts . In the meane time , all that he could do for the present was , to afford him about one hundred Horse , but lean ones , and ill accoutred , ( which was not the Generals fault but some mens private spleen ) with two brasse Field-pieces . Moreover he sent his Orders unto the Kings Officers and Commanders in Cumberland and Westmorland , that they should give Montrose all the succour and assistance they could make for his journey into Scotland . Montrose going towards Carlisle was accordingly met by the Cumberland and Westmorland men , consisting of eight hundred Foot , and three troops of Horse ; who according to the Marquesse of Newcastles Command , were to waite upon him into Scotland . Montrose himselfe brought with him two hundred Horse , most of them Noblemen and Gentlemen , and such as had been Captaines either in Germany , France , or England . With which small forces ( nor over trusty neither ) he entered Scotland on the 13. of Aprill ; for he made the more hast , lest he should have been absent at the time appointed by the Earl of Antrim . CHAP. IIII. MOntrose having entred Scotland had come to the river of Anan , when upon a mutiny among the English , occasioned by Richard Grahams Souldiers , almost all of them flie their Colours , and in all hast runne back to England . Notwithstanding he with his own men came to Dunfrise , and took the Towne into protection upon surrender : and there he staid a while that he might be ready to entertaine Antrim and his Irish ; but the day appointed being already pass'd , there came not so much as a Messenger from them , nor the least report of them into Scotland . And the Covenanters gathering themselves together on every side , there was no staying there any longer for Montrose , without being surprised ; therefore he returns safe to Carlisle with his men . And seeing he could neither procure any aid from the English , nor expect any Forraigners suddenly , nor had scarse any hopes of good from Ireland ; and found that the Earle of Calendar had raised a new Army in Scotland to second General Lesly , who had by this time together with the English Covenanters besiged Yorke , he resolved , lest he should spend his time idlely , to engage himselfe among the Kings Forces in Northumberland & the Bishoprick ; nor was that resolution either unprofitable to them , or dishonorable to himself . For having ferretted a Garrison of the Covenanters out of the towne of Morpet , he took in the Castle , permitted all the pillage unto the English , and taking an Oath of them that had held it , that they should never more fight against the King ; he sent them away without any greater punishment . He tooke a Fort at the mouth of the river of Tine from the Covenanters , ( who had not long before turned out an English Garrison from thence ) and dismist the prisoners upon the same termes with those of Morpet . He plētifully victualled Newcastle with corne brought from Alnwicke , and other places thereabouts . When this was done , he was sent for by letters from Prince Rupert Count Palatine of Rhine , who was then coming to raise the siege of Yorke . And although he made all the haste he could , yet he met not the Prince till he was upon his retreat the day after that unfortunate battell . And truly the Prince freely offered Montrose a thou●ād Horse to take along with him into Scotland , but some that were too powerfull with him dealt so with the good Prince , that the next day after that promise was made there was not one horse to be had . All things thus failing Montrose from which he expected any assistance , yet his spirit never failed him : therefore returning to Carlisle with those few but faithfull and gallant men that strucke close to him , he sends away the Lord Ogleby and Sir William Rollock into the heart of Scotland in meane disguise , lest they should be discovered by the enemy . Within a fortnight they returned , & brought word that all things in Scotland were desperate ; all Passes , Castles , Townes , possessed with Garrisons of the Covenanters , nor could they finde any one so hardy as to dare to speake reverently or affectionately of the King. Most of those who had adhered to Montrose all this while , being cast downe with this sad newes , bethought themselves of bending their courses some other way , especially when they were tampered with by that honest man the Earle Traquair to desert the service : who forgetting all his vowes and imprecations he had made before the King , undertook in the name of the Covenanters , not only for Indemnity to all that should fall off unto them , but rewards and preferments too ; as if he had been all this while an Agent for the Rebells , and not for the King as he pretended . And yet this man was greater in the Kings favour , and more confided in then any one except the Hamiltons . Montrose calling his friends to counsell , desires them to deliver their opinions what they conceived was fittest to be done in this sad face of things . Some advise him to repaire to the King at Oxford , and certifie him that his Scotch Affaires were past recovery ; that Antrim came not with his Irish Forces , nor was there any appearance of them ; that little or no assistance had been obtained from the English ; and as for Armes or aid from Forraigne parts , he had not so much as heard a word of them ; so that it was none of his fault that his service had no better successe . Others were of opinion that it was better for him to excuse himself by Letters unto the King and to send up his Commission a long with them , and that he himself should step a while aside into some other Countrey till such time as it should please God to send better opportunities . But all agreed in this , that nothing more was to be attempted or thought of in Scotland . But he himselfe onely entertained farre other thoughts in his high and undaunted spirit : He conceived himselfe bound never to forsake his dearest Lord the King though in extreamest hazards , and that it was an unworthinesse to despaire of so good a cause ; and if he should attempt some greater matter then came within the reach or apprehension of common men , he conjectured it might prove much to his owne Honour , and some thing perhaps to the Kings good too . For as it was dubious , whether it might please God in his mercy to looke upon the King with a more favourable eye , and to turne his adversity into prosperity ; so it was most certaine that if he should not be able to goe thorough with it but perish in the enterprise , he should die with Honour , and his fall should be much lamented . So resolved , and commending himselfe and his successe to the disposall and protection of Almighty God , he performed such Adventures without men , without money , without armes , as were not onely to the astonishment of us that were present , and were eye and eare witnesses of them , but also the example and envy both , of all great Commanders hereafter . What those were we shall declare by and by . Montrose delivers those few Gentlemen that had been constant unto him to the Lord Ogleby , to be conducted unto the King , ( for as he had communicated all his former designes unto him , so he did this also ) and conjureth him withall to deale earnestly with his Majesty for hastening of some aid , if not of Men yet of Armes at least , from beyond seas . So he accompanying them two dayes on their journey , and leaving with them his Horses , his Servants , and his Carriages , conveyed himself privily away from them , and with what speed he could came back to Carlisle . The company suspecting nothing of his departure , because Ogleby and other his dearest friends were still with them , marched on straight towards Oxford ; but theither they never reached for most of them ( of whom were the Lord Ogleby himself , Sir Iohn Innes , & Colonell Henry Graham his brother , a most hopefull young Gentleman , Iames , Iohn , and Alexander Oglebyes , Patricke Melvin , and other gallant men , and highly esteemed by Montrose ) fell into the enemies hands , & endured a long & nasty imprisonment untill they were set at liberty by Montrose himself the next yeare , after which they did him most faithfull service . He returning to Carlisle imparts his designe to the Earle of Aboine , least he should have any occasion to cavill afterwards , that a matter of that consequence was done without his knowledge or advice , who might have proved able to give a great stroke to the advancing of it . But when he found some thing too much ficklenesse in that young man , he was not over earnest to engage him to adventure with him in so perillous a journey ; and therefore easily perswaded him to reside at Carlisle till he heard further newes out of Scotland , by which time it might be more seasonable for him to returne into his Countrey . And now being prepared for his journey , he selected onely two men for his companions and guides ; one was Sir William Rollock a Gentleman of most knowne honesty , and an able man both of his head and hands . The other was one Sibbald , whom for the report of his valour and gallantry , Montrose did equally love & honour : but the latter afterwards deserted him in his greatest need . Montrose passing as Sibbalds man , & being disguised in the habit of a Groome , rode along upon a leane jade , & led another horse in his hand . And so he came to the borders where he found all ordinary and safe passes guarded by the enemy . There was a chance happened which put them in a greater fright then all that , & it was this ; not farre from the borders they hit by chance upon a servant of Sir Richard Grahams , who taking them for Covenanters , & to be of Lesley's Army who used to range about those parts , told them freely & confidently that his Master had made his peace with the Covenanters , and had undertaken ( as if he were their Centinell ) to discover unto them all such as came that way whom he suspected to favour the King. An unworthy act it was of a shamelesse villaine , of whom , not onely Montrose had a very high esteem , buth is Majesty also , whose mistaken bounty had raised him out of the dunghill ( to say no worse ) unto the honour of Knighthood , and an estate even to the envy of his neighbours . Having not passed much further , they met a souldier , a Scothman , but one that had served under the Marquesse of Newcastle in England who taking no notice of the other two Gentlemen , came to Montrose and salute him by his name : Montrose giving no heed unto him , as if he were no such man , the too officious souldier would not be so put off , but with a voyce and countenance full of humility and duty began to cry out , What ? Doe not I know my Lord Marquesse of Montrose well enough ? Goe your way , and God be with you whither soever you goe . When he saw it was in vaine to conceale himself from the man , he gave him a few crownes and sent him away , nor did he discover him afterwards . But Montrose conceiving himselfe much concerned in these speeches , thought it the best course to make all the haste he could , and to run faster then the newes of him could flie : nor did he spare any horse flesh , or scarce draw a bridle till after foure dayes travell he came to the house of his cosen Patrick Graham of Innisbrake , not farre from the river of Tay on that side of the Sherifdome of Perth which is next the mountains . This Patrick being descended of the noble family of Montrose , and not unworthy of so noble parentage , was deservedly in very great esteeme with the Marquesse ; who so journed besides him for a little while in the day time in a meane cottage , and passed the nights alone in the neighbouring mountains . For he had sent away his companions unto his friends , that they might inform themselves exactly of the whole state of the Kingdome , and bring him word in wat condition they found it . After a few dayes , having examined the matter with all the industry they could use , they returne with nothing but sad and tragicall newes : That all the Subjects that were honest and loyall , lay under the tyranny of the Rebells ; and of such as had been so hardy as to endeavour to recover their freedome with their swords , some were put to death , others fin'd , others being yet in prison , daily expected the worst their enemies could doe ; That the Marquesse of Huntley had laid downe the armes which too unadvisedly he had taken up at the first summons of the enemy ; that indeed he had had no contemptible number of men , but the men wanted a good Commander ; that his friends and dependants were exposed to the implacable malice and revenge of their enemies , and that he himself had fled to the uttermost corner of the Land , and sculked upon another mans land . Montrose was very much troubled ( as he had reason ) at this newes , especially at Huntley's errour and the ruine of the Gordons , who were men of singular loyalty and valour , and expert souldiers , therefore much lamented by him , that for no fault of theirs , they should come to so great misfortune . And now he began to cast about how he might daw them to himself , that they might try againe the fortune of Warre under another Generall in the behalf of his most excellent Majesty . CHAP. V. IN the meane time there were some uncertaine reports spread abroad among the Shepheards who kept their flocks in the mountaines , of certaine Irish who were landed in the North of Scotland , and ranged about the mountaines . Montrose conceived it not unlikely that these might be part of those Auxiliaries which the Earle of Antrim had promised should have been there four moneths before ; but he had no certainty what they were , till at last some letters came from some intimate friends of his , Highlanders , and from Alexander Mac-donell , a Scotch-man also , to whō Antrim had given the Command in Chiefe of those few Irish , directed to Montrose . These they had taken care to send to a certaine friend of his , a sure man , that he might convey them if it were possible to Carlis●e , where Montrose was beleeved still to remaine . He , who never dreamed of Montrose's returne into Scotland , though he sojourned by him , by chance acquainted Mr. Patricke Graham with the businesse , he promiseth to take charge of them , and undertaketh to see them safely delivered to Montrose , though he made a journey as farre as Carlisle of purpose ; and so by the good providence of God they came into his hands much sooner then could be expected . And he writes backe , as from Carlisle , that they should be of good comfort , for they should not stay long either for sufficient assistance to joyne with them , or a Generall to command them ; & withall requires them forthwith to come down into Athole . The people of Athole were engaged unto Montrose by many obligations , men whom he valued most o● all the Highlanders , both for their Loyalty , Piety , Constancy , and singular Valour ; and truly they made good his opinion of them to the very end of the Warre . The Irish , with a very few Highlanders who were almost all of Badeneth , receiving Montrose's commands , marched straight into Athole , He , who was not above twenty miles from them , comes to them immediately , and or ever they looked for him , on foot , in the habit of a Mountanier , without any man along with him save the abovesaid Patricke Graham his guide and companion . And indeed the Irish would hardly be perswaded that that was Montrose ; but wen they saw him so saluted , and onely not adored like some great Deity , by the men of Athole and others that knew him well , they were overjoyed : for his coming to them was in exceeding good time , they being then in extreame danger to be cut off . For Argyle was in their reare with a strong and well ordered Army , the champaine countrey were ready in armes before them , expecting if they should make downe into the Plaine , to trample them to dirt with their horses hoofes ; the vessels that brought them● over were burnt by Argyle , that they might have no way to retreat ; nor would the Athole men or any other that favoured the King venture any hazard with them , because they were strangers and came not by the Kings open and known Authority ; nor had they any Commander of ancient Nobility , a thing by the Highlanders much set by , who would not fight under the command of Alexander Mac-donell , a man of no account with them : lastly their number was inconsiderable , being not above eleven hundred , though ten thousand had been promised . The next day , the Athole men to the number of eight hundred put themselves in armes , & offered their service most cheerfully to Montrose , who having got his handfull of men and earnestly commending his most righteous Cause to the protection of Almighty God , now desired nothing more then to be among the thickest of the enemy . Impatient therefore of further delay , that very day he marches through the Plains of Athole towards Ern ; as well to make way for his friends and assistants easier accesse unto him ( if any should rise upon the newes ) as that he might fall upon and amaze the Rebels unlook't for , before they should be able to joyne together who lay at distance . Therefore passing by Weme a castle of the Menises , seeing they handled a Trumpeter whom he sent friēdly unto them unworthily , and fell hotly upon the reare of his Army , he wastes their fields , and causes all their houses and corne to be fired ; this was at the very first onset of the Warre , to strike terrour into the enemy . The same night he passed over Tay , the greatest river in Scotland , with part of his Forces ; the rest follow him very early the next day . When they were ready to march on , he gave Patrick Graham ( of whom I shall haue often to speak , & never without honour ) at their earnest request the Command of the Athole men , & sent him with the nimblest of them he could pick out amongst them to scout before . He brings word he saw some souldiers drawne up on the top of an hill at Buckinth towards them Montrose makes straight . These proved to be commanded by the Lord Kilpont son to the Earle of Taith , a man of ancient Nobility , and descended of the Grahams ; and Sir Iohn Drummond , sonne to the Earl of Perth , a kinsman also of Montrose● ; who were both of them summoned by the Covenanters to joyne against the Irish as the Common enemy , and had with them five hundred Foot and no more ; nor had they heard any certainty at all of Montrose's being in those parts . He resolveth with all speed to surprise them , and either to winne them to his side or to crush them to pieces . But they as soone as they heard that Montrose was Generall of those Forces , send unto him some of their chiefest friends to understand from him what he intended to doe . He tells them he had the Kings Authority for what he did , and was resolved to assert that Authority to the utmost of his power against a most horrid Rebellion , conjuring them by all the obligations that were betweene them , that they would not thinke much to doe their best endeavours for the best of Kings . Which as it was much becoming their high birth , and would be very acceptable service to the King , so it would be beneficiall unto them for the present , and much to their honour with posterity and strangers , if they of all others should be the first that put to their helping hands to hold up a tottering Crowne . They most readily without any delay came in unto him ; for both of them though underhand favoured the King exceedingly . From them Montrose understood that the Covenanters were thick in armes at a Rendezvouz at Perth ( the second City to Edinburgh ) and there waited for their enemies falling down from Athole . He knowing also that Argile with his Army was upon his backe , lest he should be hem'd in on both sides ▪ determines to goe forward to Perth , that there he might either force the enemy to fight , or reduce the Towne to the Kings obedience . Marching therefore three miles from Buckinth , and allowing the Souldiers but a short time of refreshment , at the breake of day he drawes out his men . Nor was he above three miles more from the City , whem the enemy was in view in a large and open Plain ( called Tippermore ) providing to fight . They were commanded by the Lord Elchoe , one that was taken for no great souldier : there were with him the Earle of Tullibardin , and the Lord Drummond , but this latter ( as was conceived ) against his will , for he & his fathers whole family favoured the King in their hearts : Knights he had with him good store , among whom Sir Iames Scot ( who heretofore had done good service under the State of Venice ) was the most noted souldier . They had six thousand Foot & seven hundred Horse , and in confidence of their numbres , they had even devoured their enemies before they saw them . It was on Sunday the first of September , & it was given in charge to their Ministers , that in set Speeches they should encourage the people to fight , not forgetting to minde them of their most holy Covenant forsooth . And to give them their due they plyed their lungs stoutly in the performance of that worke ; they most freely promised them in the name of Almighty God an easie and unbloudy victory ; nay , there was one Frederick Carmiohael , one very much cryrd up for learning and holinesse by the silly people , who was not afraid to deliver this passage in his Sermon , If ever God spake word of truth out of my mouth , I promise you in his name assured victory this day . Gods service being thus finely performed as they thought , they put their men in Battalia . Elchoe himself commanded the right flank , Sir Iames Scot the left , and the Eare of Tullebardin the battell . To the right and left flanks were added wings of horse , with which they made no doubt on so faire a Plaine to hemme in the enemy . Montrose perceiving the great body of the enemy , and especially their strength in Horse , ( for he had not so much as one Horse-man , nor more then three leane horses ) and being carefull ( as it concerned him ) lest being incompassed with so great a number , they should fall upon him in the Front , Reare and Flanke , he caused his Army to be drawne out to as open order as could be possible , and makes his Files onely three deep . He commands the Ranks all to discharge at once , those in the first Ranke kneeling , in the second stooping , and in the hindmost , where he placed the tallest men , upright : he chargeth them also to have a care of mis-spending their powder , of which they had so small store , and that they should not so much as make a shot till they came to the very teeth of their enemies ; & assoone as they had discharged their muskets once a piece , immediately to breake in upon the enemy with their swords & musket ends ; which if they did , he was very confident the enemy would never endure the charge . Montrose undertakes the Command of the right Flanke over against Sir Iames Scot , appoints the left to the Lord Kilpont , & the maine Battell to Mac donell with his Irish : vvhich vvas very providently ordered , lest the Irish vvho vvere neither used to fight vvith long Pikes nor vvere furnis-with swords , if they had been placed on either flank should haue beene exposed to the fury of the Scotch Horse . Montrose had sent unto the Commanders of the enemy , Drummond sonne and heire to the Lord Maderty , a noble Gentleman , and accomplished with all kinde of vertues , who declared in his name , That Montrose , aswell as the Kings Majesty from whom he had received his Commission , was most tender of shedding his Countreyes bloud , and had nothing more in his devotions , then that his victories might he written without a red Letter . And such a victory they might obtaine as well as he , if they should please but to have the honour to conquer themselves , and before a stroke were st●ucke to returne ●nto their Allegeance ▪ That for his part he was covetous of no mans wealth thirsty after no mans bloud ; all that he desired was , that in the name of God they would at length give eare to sound counsell , and submit themselves and what belonged unto them unto them grace and protection of so good a King : who as he had hitherto condescended unto all things ( either for matter of Religion or anything else ) which they thought good to aske , though to the exceeding great prejudice of his Prerogative ; so still they might finde him like an indulgent Father ready to embrace his penitent children in his armes , although he had been provoked with unspeakable injuries . But if they should continue still obstinate in their Rebellion , he called God to witnesse , that it was their own stubbornesse that forced him to the present encounter . The Commanders of the enemies answered nothing at all to all this , but against the Law of Nations sent the Messenger ( who out of meere love to his Countrey had undertaken the employment ) prisoner with a company of rude souldiers unto Perth , vowing assoone as they had got the victory to cut off his head . But God was more mercifull to him , and provided otherwise then they intended , for the safety of that gallant man. They were come within musket shot when the enemies under the Command of the Lord Drummond sent out a forlorne-hope to provoke Montrose to a light skirmish : he sends a few to meet them , who at the first onset disorder and rout them , sending them backe to their maine body in no small fright . Montrose thought now was his opportunity , and that nothing could conduce more either to the encouragement of his owne souldiers , or the terrour of the enemy , then immediately to fall upon them as they were disordered and astonished with that fresh blow , nor would he give them time to rally or recover courage : therefore se●ting up a great shout , he lets loose his whole Army upon them . The enemy first at distance discharge their Ordnance , which made more noise then they did harme , afterwards marching forward , their Horse labour to breake in upon Montrose's Souldiers ; those when their powder was spent , and many of them had neither Pikes nor scarse Swords , they stoutly entertaine with such weapons as the place would afford , good stones ; of which they poured in such number amongst them with so great strength and courage , that they forced them to retreat and to trouble them no more . For the Irish and Highlanders striving bravely whet●er should out vie the other in valour , bore up so eagerly when they gave ground , that at last they betooke themselves to the nimblenesse of their Horses heeles . There was something more to do a little while longer in the right Flanke . Sir Iames Scot disputed some time for the higher ground , but Montrose's men being stronger bodied , & especially swifter footmen obtained the Hill ; from thence the Athole mē rushed downe with their drawne swords upon the enemy , and making little account of the musquetiers , who sent their bullets amongst them as thicke as haile , closing with them ( as they lik't best to fight ) they slash't and beat them downe . At last the enemy not able to abide their fury , fairely ran away . Most of the Horse made so good speed as to save themselves ; but there was a great slaughter of the Foot , whom they pursued for six or seven miles . There were conceived to be two thousand of the Covenanters slain , and more were taken prisoners ; of whom some taking a Military Oath , took up arms again with the Conquerour ; but perfidiously , for almost all forsooke him afterwards . The rest taking a solemn Protestation that they would never after beare armes against the King , he set at liberty . He tooke in Perth the same day , without doing the least harme unto the City , although most of the Citizens had fought against him in this battell ; thinking by so great clemency to turne the hearts of the people towards their King , vvhich vvas the onely end to vvhich he directed all his designes . CHAP. VI. HE staid three dayes at Perth , for there he expected many in those parts to come in with their friends and clients armed , who upon the noise of the late victory professed themselves most faithfull to the King ; but none came but the Earle of Kinoule with a few gentlemen of Gawry , nor did they continue very constant unto him neither . And by this time Argyle was at hand with a great Army of Foot of his owne , & supplies of Horse were joyned with him out of the South parts ; therefore Montrose passing over Tay tooke up his Quarters in the field ( for other quarters he seldom had ) near Couper a little village in Angus , where a famous Monastery once stood , but now lies on the ground . Here a brave young gentleman , Sir Thomas Ogilby sonne to the Earle of Arley , with others of the Gentry of Angus , met him , & readily offered him their service ; whom he courteously entertained , and sent them away with thankes , they pretending they onely went to fit themselves for a march , neverthelesse few of them returned besides the Ogilbies . Next morning by breake of day before the Revellier was beat there was a great tumult in the Camp , the Souldiers ranne to their armes , & fell to be wilde and raging ; Montrose guessing that it was some falling out between the Highlanders & the Irish , thrust himselfe in amongst the thickest of them : there he findes a most horrible murther newly committed , for the noble Lord Kilpontin lay there basely s●aine . The murtherer was a retainer of his owne , one Stuart , whom he had treated with much friendship and familiarity , in so much that that same night they lay both in a bed . It is reported that the base slave had a plot to dispatch Montrose , and in regard of the great power he had with Kilpontin , he conceived he might draw him in to be accessary to the villany , therefore taking him aside into a private place , he had discovered unto him his intentions ; which the Nobleman highly detested , as was meet ; where upon the murtherer fearing he would discover him , assaulted him unawares , & stabbed him with many wounds , who little suspected any harme from his friend and creature . The treacherous assassine by killing a Centinel escaped , none being able to pursue him , it being so darke that they could scarse see the ends of their Pikes . Some say the traitor was hired by the Covenanters to doe this , others onely that he was promised a reward if he did it . Howsoever it was , this is most certaine that he is very high in their favour unto this very day , and that Argyle immediatel● advanced him ( though he was no souldier ) to great commands in his Army . Montrose was very much troubled with the losse of this Nobleman , his deare friend , and one that had deserved very well both frō the King & himself , a mā famous for arts & armes , and honesty ; being a good Philosopher , a good Divine , a good Lawyer , a good Souldier , a good Subject , & a good man : And embracing the breathlesse body againe & againe with sighes & teares , he delivers it to his sorrowfull friends and servants to be carried to his parents to receive its funerall Obsequies as became the splendor of that honourable Family . With the rest of his Forces Montrose marcheth to Dundee : the Towne being proud of the number of its inhabitants , and having a Garrison out of Fife beside , refused to submit . And he , thinking it no wisdome to hazard the honour he had gotten by his late victory upon the doubtfull successe of a siege , turnes away toward Eske ; for he hoped that many of his friends and kindred , being men of greatest note in those parts , and who used to talke as highly what they would doe for the King as any others , would be ready to joyne with him . But they having newes of his approach withdrew themselves : onely the Lord Ogleby Airley , a man of threescore yeares old , ( with his two sons , Sir Thomas , and Sir David , and some of his friends and clients , men of experienced resolutions ) joyned himselfe unto him : and with admirable constancy he went along with him through all fortunes unto the very end of the Warre ; being in that almost universall defection , the other honour and ornament of the Nobility of Scotland besides Montrose . While Montrose was hereabouts , he receives intelligence that some Commissioners from the Covenanters ( of whom the Lord Burghly was the principall ) lay at Aberdene with an Army , and laboured to assure unto themselves the Northerne parts , upon which Montrose especially relyed , either by faire meanes or foule . He determines to fight these immediately before Argyle could come up to them , therefore with long marches he hies thither ; and possessing himselfe of the bridge upon the river of Dee , and drawing neare the City , he found the enemy drawn up close beside it . Burghley commanded two thousand Foot , and five hundred Horse whom he placed in wings ; & having chosen his ground , & planted his great Guns before his men , he expected battell . Montrose had fifteene hundred Foot ( for the Lord Kilpontins souldiers were gone to convey their Lords dead body to his parents , and most of the Athole men after the victory of Perth were gone home , from whence they were not farre , laden with spoile , ) and just foure and forty Horse , of whom he made two divisions , and mixing amongst them the best fire-men and Archers that he had ( who in nimblenesse and swif●nesse of body were almost as good as horsemen ) placed them on either wing , to prevent the falling of the enemies Horse upon his rere ; which they performed most gallantly beyond the opinion or perhaps the beliefe of many . He gave the command of the right flank to Iames Hay and Nathaniel Gordon , and of the left to Sir William Rollock , all valiant men . The left wing of the enemy was commanded by Lewis Gordon , sonne to the Marquesse of Huntley , a bold young man and hor spirited , but haire brain'd and one that had forced out his fathers friends and clients to fight with Montrose against their wills . He having gotten the plaine and most commodious ground for fighting on horsebacke charged Montrose's right flank : which when he perceived , he commanded Rollock with his twenty Horse to their aid ; and they , being backed with the gallantry of their Commanders , and the activity and stoutnesse of the Foot amongst them , received the charge with so much hardinesse , that they foure and forty beat backe full three hundred of the enemy routing all and killing very many . But because they were so few they durst not follow the chase : which was forborne by the great prudence of the Commanders , and proved to be of great consequence towards the obtaining of the victory : for the enemy charged Montrose's left Flanke vvhich had no Horse vvith their right Wing of Horse . Montrose therefore in atrice ( now that Lewis Gordon and his men vvere fled ) conveighs the same Horse to the left Flanke ; vvho seeing they vvere not able to dravv themselves into a Body like the enemies , fetch 't a compasse about , & so escaped their first charge ; then neatly vvheeling about they fall upon the Flanke of the enemy , & vvith their naked svvords , beat , and cut , and vanquish , and put them to flight . They tooke prisoners on Forbes of Kragevar , a Knight of great esteem vvith the enemy , and another Forbes of Boindle . Those that retreated got safe away , because that so few could not safely persue them . They that commanded the enemies Horse vvere not so much frighted vvith their losse as vexed vvith the disgrace of a double repulse , therefore imputing their defeat to those light fierelockes that vvere mixed vvith Montrose's Horse , they themselves call for Foot-men out of their maine Body intending to returne vvith greater courage . Montrose suspected that , & vvas loath to engage those fevv gallant men againe , vvhose Horses vvere spent already in tvvo sharp services , vvith the enemy vvho vvas reinforced vvith fresh Foot. Therefore observing the enemies Horse not yet railled since their nevv rout , & stāding at a sufficient distance frō their Foot ; hee rode about among his owne , who had been sore galled already with the Enemies Ordnance ) and bespeaks them to this effect : VVe doe no good ( my fellow Souldiers ) while we dispute the matter at thus much distance , except we close up with them how shall we know an able man from a weake , a valiant man from a coward ? If ye would assaile these timorous and brawnelesse shrimps with handy blowes , they will never be● able to stand you . Goe to therefore , fall about them with your Swords and butt-end of your Muskets , beat them downe , drive them backe , and make them pay what is justly due for their treason and rebellion . It was not sooner said , then they fall to worke , breake in upon the Enemy , defeate them , rout them . Their Horse who expected Foot to come and line them , seeing them all run away , ran faster then they : whom the conquerours were not able to follow much lesse to overtake , so they scap't scot-free ; but the Foot paid for all , few of which escaped the Victors hands . For having no other place to fly unto but into the City , Montrose's mē came in thronging amongst them through the gates and posternes , and laid them on heaps all over the streets . They fought foure houres upon such equall termes , that it was an even lay whether had the oddes . At this Battell Montrose had some great Guns , but they were unserviceable , because all advantages of ground were possessed by the enemy ; but the enemies Guns made no small havock of his men . Among others , there was an Irishman that had his legge shot off with a Cannon bullet , onely it hung by a little skin ; he seeing his fellow-souldiers something sad at his mischance , with a loud and cheerfull voyce cryes out , Come on , my Camerades , this is but the fortune of Warre , and neither you nor I have reason to be sorry for it . Doe you stand to it as becomes you , and as for me , I am sure my Lord Marquesse , seeing I can no longer serve on foot , will mount me on horsebacke : So dravving out his knife , being nothing altered nor troubled , he cut asunder the skin with his owne hand , and gave his legge to one of his fellow-souldiers to bury . And truly when he was well againe , and made a Trooper , he often did very faithfull and gallant service . This battell was fought at Aberdene on the twelfth day of September , 1644. Then Montrose calling his souldiers back to their Colours entered the City , and allowed them two dayes rest . CHAP. VII . IN the meane time newes is brought that Argyle was hard by with much greater forces then those they dealt with last , the Earle of Lothion accōpanying him with fifteen hundred Horse . Therefore Montrose removes from A●erdene to Kintor a Village ten miles off , that he might make an easier accesse unto him for the Gordons ( the friends and dependants of the Marquesse of Huntley ) and others that were supposed much to favour the Kings cause . From thence he sends Sir William Rollocke to Oxford , to acquaint his Majesty with the good successe he had hitherto obtained , and to desire supplies out of England or some place else . That he had fought twice indeed very prosperously , but it could not be expected that seeing he was so beset on all sides with great and numerous Armies , he should be able to hold out alwayes without timely reliefe . Still nothing troubled Montrose more , then that none of the Gordons , of whom he conceived great hopes , came in unto him . And there wanted not some of them , who testified their great affection to the service , but that Huntley the Chief of the Family , being a backe-Friend to Montrose , had with held them all , either by his owne example , or private directions ; and that himselfe being forced to sculk in the utmost border of the Kingdom , envied that honour to another of which he had missed himselfe , and had forbidden , even with threats , all those with vvhom he had any power to have any thing to doe vvith Montrose , or to assist him either vvith their power or counsell . Which when he understood , he resolved to withdraw his Forces into the Mountains & Fastnesses , vvhere he knew the enemies Horse ( wherein their great strength consisted ) could doe them little service ; and of their Foot ( if they were never so many ) relying upon the Iustice of his cause , and the valour of his Souldiers , he made but little reckoning . Therefore he hid his Ordnance in a bogge , and quitted all his troublesome and heavy carriages . And coming to the side of the River of Spey , not farre from an old Castle called Rothmurke , he incamped there : with an Army , if one respected the number but very smal , but it was an expert & cheerful● one , & now also some thing acquainted with victory . On the other side of the Spey , he findes the men o● Cathnes , and Suderland , and Rosse , and Murray , and others to the number of five thousand up in Armes to hinder his passage over the swiftest River in all Scotland , till such time as Argyle who marched after him was upon his backe . Being oppressed , and as it were besieged with so many enemies on every side , that at least he might save himselfe from their Horse , he turned into Badenoth , a rocky and mountainous Countrey , and scarce passable for Horse . There for certaine dayes he was very sicke , which occasioned so immoderate joy to the Covenanters , that they doubted not to give out he was quite dead , and to ordaine a day of publique Thankesgiving to Almighty God for that great deliverance . Nor were their Levites you may be sure backward in that employment in their Pulpits ; for as if they had been of counsell at the Decree , and stood by at the execution , they assured the people that it was as true as Gospell , that the Lord of Hostes had slaine Montrose with his owne hands . But this joy did not last them long , for he recovered in a short space ; and as if he had been risen from the dead , he frighted his Enemies much more then he had done before . For assoon as his disease would give him leave , he returned into Athole , and sent away Mac-donell with a party unto the Highlanders , to invite them to take up Armes with him ; and if they would not be invited to force them . He himselfe goes into Angus , hoping it might happen that he should either force Argyle with his tyred Horse unto his Winter quarters , or at least leave him farre enough behinde him . For Argyle had pursued him so slowly , and at such distance , that it was appare●t he thought of nothing lesse then of giving him Battell . Therefore going through Angus , & getting over the Grainsbaine ( which going along with a perpetual ridge from East to West , divideth Scotland into two equall parts ) he returned into the North of the Kingdome . And now that he had left Argyle so farre behinde him , that he might safely take some time to recruit , he went to Strathbogy , that he might meet with the Gordons , & perswade them to engage with him . But he lost his labour , for they were forestalled by Huntley , and after his example plaid least in sight . For such as were generous & daring spirits , though they were loath to provoke the indignation of their Chief , yet they could not but be ashamed , that at a time when there might be so much use of them they did nothing . Besides the Lord Gordon , Huntley's eldest sonne ( a man of singular worth and accomplishment ) was detained by Argyle his ●ncle by the Mothers side : the Earle of Aboine the second Son was inclosed within the siege of Carlisle and Lewes another Son was of the Enemies side ; so that there was no one of Huntley's family under whose authority they should take up Armes . Notwithstanding Montrose quartered there a great while ; in which time almost every other night marching seven , or eight , or ten miles with a party of light Foot ( for Horse he had few or none ) he used to give Alarmes to the Enemy , beat up their quarters , put them to flight , and frequently to bring home Horse and Men Prisoners . And because he alwayes brought his men safe off , it was strange to see how cheerfull & daring his Souldiers were ; so that though their number was not great , there was nothing that he would lead them on unto that seemed great to them . At last when he despaired of any good to be done with the Gordons , at the end of October he removed from Starthbogy , and came to Faivy Castle and possest it . There he was like to have been utterly undone by the bad and false intelligence his scouts in whom he put great confidence brought unto him concerning the Enemy : for those whom they perswaded him were scarce got over Grainsbaine were on a sudden encamped within two miles of him . Argyle and Lothian had there two thousand five hundred Foot , & twelve hundred Horse Montrose , now when Mac-donell was absent with a party , had fifteen hundred Foot and about fifty Horse . If he should have descended into the Plain with so small strength it had been madnesse ; and to keep a Castle ( and no strong one neither ) he thought dishonourable , and derogatory to the credit of his late victories . Therefore he bethought himself of another course , he drawes his Men up unto a higher hill vvhich over-look't the Castle . The soile of the Hill vvas rough , and there vvere hedges also and ditches cast up there by the Husbandmen for the sences of their Fields , vvhich vvere almost as usefull as Breastvvorks . But before he had appointed every one his ground to dravv up in , those fevv of Huntley's dependants vvhich accompanied Montrose from Strathbogy , in the sight of all people fairly betooke them to their heels . And on the other side , the Enemy driving fiercely up the Hill , made themselves masters of no small part of it ; vvhich if they had been able to maintaine vvith the same vigour that they had obtained it , Montrose had been a lost man : vvhose Souldiers , discouraged both by the timorous flight of some of their owne , and the multitude of their Enemies forces , were wel neare ready to turne their backs ; them Montrose presently put life and courage into by his ovvn example and presence , by putting them in minde of their former atchievements , and their ovvne sence of their vvonted provvesse . Moreover he thus bespake a young Irish Gentleman , one Colonell O Kyan , Go thy way , O Kyan with such men as thou hast at hand , and drive me those fellows out of yonder Ditches that we may be no more troubled with them . The gallantry of O Kyan Montrose had often seen and commended , nor did that truly valiant Man deceive the Generalls opinion of him ; for he quickly ferretted the Enemy out of the Ditches , though they much out-numbred his men , and vvere seconded vvith a party of Horse . And not onely so , but gained some bagges of Povvder vvhich the Enemy had left behinde them for haste , a very seasonable pray , of vvhich they had great need . Nor doth a notable example of the forwardnesse of the Souldiers seem to me unvvorthy in this place to be remembred ; for one of them looking upon the bagges of Povvder , What ( saith he ) have they given us no Bullets ? Mary but we must fetch Bullets too from those sparing distributors of Ammunition . As if it had been altogether the Enemies duty to provide thē necessaries for the Warre . In the meane time his Horse ( which were but fifty ) being disposed in a place of danger , he timely secured them by lining them with Musketiers . For Lothain charged them with five whole troops , who before they had crossed over half a Field that lay between them , being scared with our shot wheel'd about , and returned to the place from whence they came . Montrose's men being encouraged with these two successes could hardly be kept of from falling on with a shout upon the whole body of the Enemy : whom Montrose refraines rather with a kind of commendatiō of them ( as was meet ) then reproof , only bids every one know his own duty and vvait his commands . Towards night . Argyle having done nothing to any purpose , retreats two miles off , and slept not that night . But the next day , vvhen he vvas told that Montrose's Souldiers had great scarcity of Powder and Bullet , drawing his men into the same ground againe , he made as though he vvould have charged up the hill and beaten Montrose out of his hold . But vvhen his heart failed him in that enterprise , besides some skirmishes between small parties while the main bodies kept their ground , there vvas nothing done that day neither . All this while Montrose●ends ●ends for all dishes , and flaggons , and chamber-pots , and what other pewter vessels could be had , and caused them to be melted into Bullet ; yet when that was done the Souldiers had not enough . With which great inconvenience the Souldiers were so little troubled , that one as often as he made a shot ( which he presumed never missed ) he would say merrily to his Camerades . As sure as can be I have broken one Traytors face with a Chamber-Pot . Nor wil any one wonder if Montrose's men were oft in want of Powder and other necessaries for Warre , when he considers they had no other vvay to supply themselves vvith them , but out of their Enemies stocke . And novv the second day being almost spent , Argyle vvithdrawes his men over the river , the way that they came three Scotch miles ( vvhich make sone dutch mile ) off . The time was thus spent at Faivy for severall dayes , Argyle carrying nothing away with that great Army , but disgrace among his friends , and contempt among his enemies ; for it was wholly imputed to his cowardise that there he had not made an absolute conquest . At last Montrose ( least by marching away in the day time he might have some of his Rear cut of by the Enemies Horse ) takes the advantage of the night to returne to Strathbogy : were he intended to make some stay , both because the c●agginesse of the Countrey was a good security to his Souldiers against the incursions of the Enemies Horse ; and because it was near those places from vvhence he dayly expected Mac-donell with vvhat Highlanders he could raise . The next day the Enemy pursues him vvith an intention to force him to fight vvith them in the open Field : and truly assoone as they came in sight of them , drawing up their Men they made ready to Battell , as if they would have fallen on with all their Power . But a forlorne hope of Highlanders was sent before by Argyle to engage Montrose in a light skirmish , who were manfully entertained and repulsed . Then Montrose having possessed himselfe of the highest ground , Argyle alters his resolution , & thinkes upon that which was more safe and lesse honourable . He desires a Cessation , proposes that engagements may be given on both sides for a Conference & Treaty ; yet at the same time , he did not onely tempt the Souldiers to forsake Montrose by promising them indemnity & rewards to boot ; but ( which is a shame to say even of an enemy ) set a great price upon Montrose's head , to be paid unto any assassine or murtherer that should bring it in . Of which , when Montrose was well assurred , ( who well knew the disposition of the man to be more bent to overreach and betray , then to fight with his enemy ) he thought nothing concerned him more , then with all speed to bring of those small Forces he had as farre as he could , both from Argyle's Hose and knavery . Therefore calling a counsell of Warre , he declares his opinion , they all aprove his wisdome , and promise to continue their fidelity and their best endeavours to serve him . Therefore he resolveth upon a long march the next night , as farre as Badenoth ; and that the Souldiers might be lighter for so great a journey , he sent the Carriages before with a guard , & bid the souldiers make themselves ready against the next day , as if they were to fight . And now the Carriages were on the way , when on a sudden newes came that Forbes of Cregaver , a prisoner ( to whom upon the engagement of his Honour for his true imprisonment Montrose had given the liberty of the Camp ) and that Sibbalds , who besides Rollock was onely of his counsell and company when he came out of England , and some others , had made an escape an run away to the enemy . He was troubled at the perfidiousnesse of the men , and justly suspected that they , to ingratiate themselves with the enemy , would betray his counsells . Therefore he straight called bake the Convoy with the Carriages , & seemed as if he had wholly altered his resolutions . But indeed he altered them not , but thought it fit to delay them for a time , that the intelligence which the Enemy received from his fugitives might appear unto them idle and uncertain . But after four dayes he sent the Carriages away again before him , & making fires through all the Camp , he placed all the Horse he had vvithin view of the Enemy , as if they kept their guard there , till such time as the Foot vvere marched farre enough from danger and then brought the Horse also safe off , and all by break of day came to Balveny . And novv being safe from having their quarters beaten up by the Enemies Horse , and they no further pursuing , it being also the very deep of vvinter he allovved a fevv dayes unto the refreshment of his Souldiers . And at this time especially Argyle began to appear in his owne Colours and his subtilties vvere manifested . For most of the Noblemen , Gentlemen , & prime souldiers that were vvith Montrose ( vvho setting aside Irishmen and Highlanders , had more Commanders then private Souldiers in his Army ) deserted him , and fell off to Argyle . Some of them pretended sicknesse , others disability to make such long marches in winter time overmountains uninhabited , unpassable , full of nothing but stones & bryars , for the most part deep in snow , and never travelled over by any man alive . And therefore sore against their wills , as they said , and being compelled to depart by an extream necessity , they disired his Passe : which he denyed to none that ask't ; but yet look't upon them rather with a kinde of indignation & scorn , then approbation or compassion . Nor can one easily say how much the example of such mē weakened his Forces , & howmuch it disheartned many that intended to have listed themselves under his Command . But the old Lord Ogleby the Earl of Airly , a man of threescore years old , and no● very healthy neither , together with two of his Sons most worthy of such a Father , Sir Thomas & Sir David , could never be perswaded even in the extreamest hazard of their lives to depart from him . CHAP. VIII . MOntrose returning from Balveny to Badenoth met a very faithful intelligencer , who gave him notice that Argyle with his Foot ( for his Horse were gone to their Winter quarters ) lay at Dunkeldon , and that from thence he used all his industry to perswade the Athole men to revolte . He , although he was assured of their loyalty , neverthelesse vvith incredible hast goes down into Athole . For in one night he marched with his Forces four and twenty Miles , through vvayes untrodden , untilled , full of Snow , vvaste , and never inhabited by mortall man , to the intent he might fall upon Argyle whiles he had not his Horse about him . But he being frighted with the report of his coming , when Montrose was yet sixteen Miles off , bid his men shift for themselves , and he himself fled as fast as he could into Perth , wherein the Covenanters had a strong Garrison . Mac-donell vvas by this time returned , and brought along with him the Chief of the Mac-renald● vvith his men to the number of five hundred : and Montrose himself added to that number Patrick Graham vvith some choice men of Athole . Being recruited with these , he marcheth to the lake of which the river of Tay breaks forth , to passe from thence through Bradalbaine into the Country of Argyle ; for he thought an enemy could never be so happily overthrown as in his own Countrey . And truly he had many strong reasons for that resolution . In the first place , Argyle's power and authority among the Highlanders rendered him formidable to his Peers and neighbours ▪ and so conduced much both to raise and foment the whole Rebellion : For assoon as any one adventured to oppose the Covenanters , or dispute their Commands , presently Argyle gathering a tumultuous army of five or six thousand Highlanders ( who for all that served him against their wils ) crush't him to pieces ; and therefore he had all the reason in the world to bring down the power of so seditious , and covetous , and cruell a man. Moreover , those Highlanders who did not only favour the Kings cause , but hated Argyle heartily , as having had sufficiēt experience of his Tyranny , durst not appeare as they would till he was first subdued . And lastly , the Low-lands of the Kingdome were maintained by the Covenanters with strong Garrisons , and great bodies of Horse ▪ so that except he had a minde utterly to undoe his friends , he had no other place to winter his Souldiers in but that . And being pressed with these reasons , with long and foule journeys , and incredible speed he cometh into Argyle . The Earl at that time was listing souldiers in his Country , and had appointed the day and place for a Rendezvouz . He lived securely in the Castle of Innerare , supposing no enemy to be within a hundred miles of him . For he could never before be brought to beleeve that an Army could get into Argyle on foot in the midst of summer , & many times heretofore he has be● heard to bragge , that he had rather lose a hundred thou sand Crownes , then any mortall man should know the way by which an Army could enter into his Countrey . When he therefore suspected nothing lesse , the trembling Cow-herds came downe from the hills , & told him the enemy was within two miles , He not knowing what to do , and almost besides himself for fear , at last commits himself to a fisher-boat , and flies away ; leaving his friends , and servants , and the whole Countrey to their fortunes , and the mercy of an enemy . ●t is a rough and mountainous Countrey barren of corn , for little or none is sown there , but very commodious for pasture , the chief riches of the inhabitants consisting in cattell . Montrose divides his Army into three Brigades , and sends thē about the Countrey ; one Brigade was commanded by the Chief of the Mac-renalds , another by Mac-donel , and the third by himself . They range about all the Country , and lay it waste ; as many as they finde in armes going to the Rendezvous appointed by their Lord they slay , and spare no man that was fit for warre : nor do they give over till they had driven al serviceable men out of that Territory , or at least into holes knowne to none but themselves . Then they fire the villages and Cottes , & lay them levell with the ground : in that retaliating Argyle with the same measure he had meted unto others , who was the first in all the Kingdome that prosecuted his Country-men with fire and sword . Lastly , they drive their cattell . Nor did they deal more gently with others who lived in Lorn , and the neighbour parts , that acknowledged Argyle's power . These things lasted from the 13. of December 1644. to the 28. or 29. of Ianuary following . And indeed , he used never more to acknowledge th● singular providence & fatherly mercy of Almighty Go● then in bringing him & his men safe out of those places ; for if but two hundred Souldiers had handsome● kept those Passes , they might easily either have cut off or at least driven back all his Forces . Besides , if th● Cow-herds had but driven away their cattell which they might easily have done ) in those barren places he must have starved for hunger . Or thirdly , if it had bee● a sharp and stormy winter , ( and it seldome chances t● be otherwise there ) they had either been drowned i● snowdrifts , or starv'd and benumb'd with cold . Bu● merciful God took away both courage from the enemy , and its ordinary temper from the air ; & supplyed their want of bread with great abundance of flesh . A● length departing out of Argyle and passing through Lorn-Glencow , & Aber , he came to Logh-Nesse . And now he expected that al the Highlanders being either frighted with the example of Argyle , or freed frō the fear o● him , should be ready to assist the Kings most righteou● cause , & vindicate it with their armes against the rebel● ▪ But now least Montrose's heroicall spirit should eve● want matter to work upon , he is advertised that the Earl of Seafort , a very powerfull man in those part● ( and one of whom he had entertained a better opiniō with the Garrison of Innernesse which were old Souldiers , & the whole strength of Murray , Rosse , Sutherland , Cathnes , and the sept of the Frasers , were ready to meet him with a desperate army of five thousand Horse and Foot. Montrose had only fifteen hundred , for those of Clanrenald , and most of the Atholemen suspecting no such need of them , & being laden with the spoils of Argyle , had got leave to go home on condition they should return when they were sent for . But for al that Montrose was not afraid to give battell to that disorderly Army : for although he knew those of the Garrison to be old Souldiers , yet he accounted of the rest of the multitude ( which were newly raised out of Husbandmen , Cow-herds , Pedees , Tavern-boyes , & Kitchin-boyes ) to be altogether raw and unserviceable . And now while he thought of nothing but fighting these , a trusty Messenger overtakes him , and informs him , that Argyle having gathered forces out of the lower parts of the Kingdom , and joyned unto them such Highlanders as yet adhered unto him , had come down into Aber with three thousand Foot , and staid at an old Castle called Innerlogh upon the bank of Logh-Aber . Montrose who wel understood the crafty & cowardly dispositiō of Argyle , by that had a good guesse at his designe ; which was to follow after him at a good distance , that he might be first engaged with those Northern men , & then to make his ovvn advantage of the event of that battel , but by no means to fight himself if he could help it . Therefore Montrose considered that it vvould be a matter of greater concernment and of lesse danger , to let men see that Argyle was not invincible even in the Highlands , vvere he was adored by the simple people like some great little god : and as for the Northern Army , he conceived that upon the report of a Victory obtained against Argyle , it would moulder a way and easily be brought into order . Montrose was thirty miles absent from Innerlogh , neither would he goe the high way thither ( though he placed guards in it lest the enemy should have any intelligence of his moving ) but streight over Logh-Aber hills , in untroden pathes , and onely know to Cow-herds and Hunts-men , ( for in those mountains there are great herds of Deer ) by a way that never man led an Army before ; and killing their Scouts , was upo● the back of the enemy ere he was aware ▪ They being but little affrighted with so unexpected an accident run to their arms , and immediately prepare themselves for battel . When Montrose perceived them to be in a posture so quickly , he stood still a little while till his Rear being tired with so hard a march could come up unto his Front. It was night , but the Moon shone so clearly that it was almost as light as day : all night they stood to their arms , and making frequent ●allies & skirmishes one with another , neither gave the other leave to rest or retreat . All others earnestly expected day ; only Argyle being more advised then the rest conveied himself away at dead of the night ; and this second time taking boat saved himself from the peril of battel , as if he intended to be Vmpire between the two Armies being himself out of gunshot stand spectatour of other mens valour , & wel too ▪ At the break of day , Montrose ordered his men as he intended to fight , and the enemy were as forward to do the like . For they did not yet think that Montrose was there ( as some prisoners afterwards confessed ) but some Colonell or Captain of his with a party only of his forces . When the Sun was up , on the second of February ( which is Candlemas day ) a trumpet sounding struck no small terrour into the enemy . For besides that a trumpet shewed they had Horse with them , and therefore was a sound with which those parts were little acquainted , it discovered also that Montrose himself was there . Neverthelesse the prime of the Campbells ( that 's the syrname of Argyle's family ) being gallant men and stout , and deserving to fight under a better Chieftain in a better cause , cheerfully begin the battell , But their souldiers that were in the Front having only once discharged their muskets , and Montrose's men pressing on fiercely to come to the dint of sword began to run . Whom they , raising a great shout , so eagerley pursued , that as it were at one assault they routed them all ; and had the killing of them with a most horrible slaughter for nine miles together . Of the enemy were slain fifteen hundred , among whom were very many Gentlemen of the Campbells , who where chief men of the family , and of good account in their Country , who fighting but too valiantly for their Chieftain , had deaths answerable to their names , and fell in Campo Belli , in the Field of War , [ I cannot say the bed of Honour . ] Their fortune Montr●se extreamly lamented , and saved as many of them as hee was able , taking them into his protection : whiles Argyle himself being gotten into a boat and rowed a little way off the shore , securely look't on whiles his kindred and souldiers were knockt on the head . Some Colonels and Captains that Argyle had brougt thither out of the Low-lands fled into the Castle ; whom when the Castle was surrendred , and quarter was given unto them , Montrose used courteously ; and after he had done them severall good offices of humanity & charity , freely let them depart . In this fight Montrose had many wounded , but none slain saving three private souldiers : but the joy of this great victory was much abated by the wounds of that truly honourable Sir Thomas Ogleby , sonne to the Earl of Airley , of which after a few dayes he dyed . He was one of Montrose's dearest friends ; one who had done very good service for the King in England under the Command of his Father-inlaw the Lord Ruthien , Earl of Forth and Braineford , ( a man known all the world over for his noble achievements . ) Nor was he lesse a scholler then a souldier , being a new ornament to the family of the Oglebyes , whose honourable deaths-wounds for his King and Country had no small influence upon that dayes victory . Montrose being very much afflicted with the losse of him , causeth his body to be carried into Athole , where he was interred with as sumptuous a funerall as tha● place and those times could afford . But the power of the Campbel●● in the Highlands , which for these many ages past hath been formidable to their neighbours , was by this overthrow clearly broken to pieces ; and by it also a way opened unto Montrose to do his businesse the more easily thenceforward . For the Highlanders being warlike men , and let loose from the hated tyranny of Argyle , now began to offer themselves willingly unto the Kings service . CHAP. IX . THe souldier who was almost spent with this sore travell , having refreshed himself for a few dayes , Montrose measuring over againe Logh-Aber hills returneth to Logh-Nesse . And from thence viewing by the way the coasts of Harrick , Arne , and Narne , came to the river of Spey . Here he is told that there was no small party of the enemy at Elgin , ( which is the chief town of Murray , a Country beyond the Spey . ) Montrose hies towards these , either to draw them to his side or to suppresse them : but the very report of his advancing blevv avvay that cloud , for they in great amazement shifted for themselves every one vvhither he could . Montrose neverthelesse goes on his march , and takes in Elgin by surrender on the 14. day of February . At which time the Lord Gordon , eldest son to the Marquesse of Huntley , ( a man who can never bee sufficiently commended for his excellent endowments ) came off openly to the Kings side ( from his uncle by whom he had been detained against his will ) and with not many but very choise friends and clients , voluntarily did his duty , and offered his service to Montrose as the Kings Deputy and Vicegerent . Montrose first welcomed him with all civility , and gave him many thanks ; afterwards when hee came to understand him more inwardly ; joyned him unto himself in the entirest bonds of friendship and affection . Now , because the inhabitants of Murray were extreamly addicted to the Convenanters , they hid themselves in their lurking places , nor were any supplies to be expected from men so maliciously disposed ; Therefore he drew his Forces to this side the Spey , to raise the Countries of Bamph and Aberdene by the presence , example , & authority of the Lord Gordon . So having got together what forces he could in those places , with two thousand Foot and two hundred Horse , passing the river of Dee he came into Marne , and encamped not farre from Fettercarne . At Brechin some seven miles from thence , Sir Iohn Hurray , a stout man and an active , and famous also in forraigne parts for Military exploits , being Generall of the Horse for the Covenanters , had the Command over the whole Forces there . Hee came out with six hundred Horse to discover the strength of Montrose : he conceived Montrose had but very few Foot and no Horse , and if he should but descend into the plain , hee made account to make short work with him ; and howsoever it should happen , he made no question but to secure himself . Montrose to draw him on , hid the rest of his men in a bottome , and made shew only of his two hundred horse , but lined them ( as he used ) with his nimblest Musquetiers . Which Horse when Hurrey saw , and observed they were so few , he drew up his men and charged . But when he perceived ( too late ) the Foot that ran close after Montrose's Horse , he sounded a retreat , and Hurrey himself turning his men before him behaved himself stoutly in the rear . When they turned their backs , Montrose's souldiers drive on , let fly , and lay about them , untill being got over te river of Eske , the enemy scarce safe under the protection of Night , betook themselves to shelter : nor did they think themselves secure till after a race of four and twenty miles long they came to Dundee . Then they that had pursued them so far returned to Fethercarne , and thence the next day to Brechin . Here Montrose understod , that Batly a Commander of great account had been fetched out of England , to be Generall of the enemies Forces ; that Hurrey with his Horse was joyned unto him , and that they had in their Army many olde souldiers brought back out of England and Ireland ; so that now the Covenanters going about their businesse in so great sadnesse , Montrose must expect not only other kind of souldiers , but also most expert Commanders to deal with . Therefore , lest he should chance to be hemb'd in with their Horse ( in which their chief strength lay ) he chuseth his most convenient way by the foot of Grainsbaine towards the river of Tay ; intending also if it were possible to get over the Forth , where hee believed the King could not want assistance . Which designe of his was not unknown to the enemy : therefore they send these Commanders against him with a powerfull Army ; who no sooner came in sight then Montrose offered them battell . But they intended nothing lesse then to try it out with him that way , nor would adventure so much as but to fall upon the rear of Montrose as he marched off . So he went to the Castle of Innercarity , and the next day to a village called Eliot . And here again leaving the mountains behinde him hee descends into the plain , and by a Trumpet sends a challenge unto Baily to fight . Between their two Armies ran the river I le , which neither could safely passe over without the others consent . Montrose therefore desires Baily to give him leave safely to come over to that side ; which motion if Baily should not like of , he offered him a safe and free passage , on condition , that he would engage his honour to fight without further delay . Baily answered , he would look to his own businesse himself , and would not have other men teach him when to fight . Thus the two Armies fac't one another many dayes , neither the enemy endeavouring to passe their Forces over the river against Montrose , nor he hoping to make good his passe unto them by reason of his scarcity of Horse . Marching therefore to Dunkeldon , he thought to passe the Tay , at which time by a sudden and unexpected mischief he was almost utterly ruined . It was thus , Lewis Cordon , sonne to Marquesse Huntly , who had born arms against Montrose in the battell of Aberdene , by the mediation of his noble brother the Lord Gordon had bin received into favour . He either by true or counterfeit letters from the old fox in the hole , his father , tempred and carried away with him almost all the Gordens without the knowledge of his brother ; and basely deserted Montrose and him when they were ready to be engaged with the enemy . And truly it is hard to say to whether of both he bore lesse good will. Montrose being sore afflicted with this unexpected revolt , although he was of necessity to return into the North to gather new Forces , yet made as if neverthelesse hee went straight towards the Forth ▪ and his Scouts came all with full cry , that all the enemy were got over the Tay , that by taking the fords of the Forth they might hinder this passage . Hee , lest he should seem all this while to have done nothing , thought it wel worth his labour , if by the way he could take in Dundee , a most seditious town ; for that being the securest haunt and receptacle of the Rebels in those parts , and a place that had contributed as much as any other towards the Rebellion , was kept by no other garrison but of the Townsmen . He therefore commanded the weakest and worst armed men to go along by the bottom of the hills and to meet him at Brechin : and he taking with him what Horse he had ( which were but one hundred and fifty in all ) and six hundred nimble musquetiers , departing from Dunkelden about twelve of the clock in the night , made so great haste that hee came to Dundee by ten of the clock in the morning on the 4. day of Aprill . He summons the Townsmen to deliver the Town to the King , Which Was the only vvay to preserve their ovvn lives and its safety ; if they would not they must expect fire and svvord . They began to make delayes , and first to give no ans●er at all , aftervvard to commit the Trumpet to prison . Which affront provoked Montrose so highly , that hee stormed the Town in three places at once : the Townsmen stood out a vvhile and maintained their works , but they had as good have done nothing , for the Irish and Highlanders would take no repulse , but with a resolute assault some beat them out of their sconces , and possessing themselves of their ordinance turned it against the Town ; others beat open the gates , and possesse themselves of the Church and Market-place ; and others set the Town on fire in severall places . And indeed had not the common souldiers by an unseasonable avarice and intemperance addicted themselves to pillage that rich Town had been immediately all on fire . But as it happened it was better both for the conquerours and the conquered that it was not , for all the intelligence that the Scouts had brought in concerning the enemies coming over te Tay was absolutely false : it may be they saw a few Troops ( and many they dit not see ) passe over it , which they beleeved to have been the wole body of the enemy , and by that means were like to have undone both themselves and the whole party . Montrose stood upon the top of a hil close unto Dundee loocking upon this onslaught , when his almost breathlesse Scouts brought him newes that Baily and Hurrey with three thousand Foot and eight hundred Horse were scarce a mile off . He immediately calls his men out of the Town , vvhich he had much to do to perswade them ; for the souldiers counting themselves secure of the victory , and thinking they had done a good dayes work already , and besides being a little heated in drink , and much taken with so rich a booty , could hardly be brought to leave the Town they had so newly taken . And truly before they could be beaten off from the spoile , the enemy was come within musket-shot of them . And now ( as it uses to happen in great dangers ) Montrose's counsell of War were of different opinions ; some perswaded that Montrose should shift for himself with te Horse he had , because they conceived it not possible that he should be able to bring off the Foot , who had been wearied with a march of above twenty miles in the morning , after that where spent in a hot fight at noon , and now were over-loaden either with drink or prey ; especially seing he was to march twenty or perhaps thirty miles from Dundee before they could rest in safety . That this was the fortune of War , and to be patiently undergone , especially since he had given oft times far greater overthrowes to the enemy then this could be to him . That there was no doubt , but that as long as he was safe , his forces might be easily recruited ; and on the other side if he miscaried , the case was desperate and they were utterly undone . Others cryed out , that all was lost already , and there was nothing left them but to die with honour ; and therefore if charging courageously they should break in amongst the thickest of the enemy , no one could say but that they fell gallantly . Montrose concurred with neither of these ; for he could never be brought to forsake so good men as he had in the extramest danger , and preferred an honourable death among his souldiers before dishonourable safety . But for all that , for men that were so much out-numbred by them to run desperately upon the enemy , and as it vvere to dash out their ovvn brains against the stones , vvas the very last refuge , and not hastily to be made use of ; therefore as vve ought not to tempt Almighty God by our ovvn vvretchlesnesse and negligence , so neither ought any valiant man or good Christian despair of his assistance in a just cause . Lastly , he exhorts every one to do his ovvn part and referre the successe to God , and other things to his ovvn care and industry . Immediately he sends out four hundred Foot before him , and commands them , that as much as they possibly could vvithout breaking their ranks they should make all speed . Then he appoints two hundred of the activest men he had to follovv them ; & he vvith his Horse brings up the Rear . The Horse trooped on in so open order , that if occasion vvere they might have room enough to receive light musquetiers . He believed the enemies Foot vvere not able to overtake them ; and if their Horse only should charge them ; ( vvhich they vvould hardly adventure to do ) he conceived it vvas no matter of extream difficulty to make their part good against them : besides the Sun vvas ready to set , & the darknesse of the night vvould be commodious for their retreat . The enemy understanding the number of them that vvent avvay first by some prisoners they had taken , and after that by their ovvn vievv , assoon as they savv they vvere disposed rather for a journey then a battell , divide their Forces into tvvo parts and so pursue them . Wherein their intention vvas not only to fall upon their Rear and Flank at once , but also to secure against them all passages up to the Highlands : And their Commanders the more to encourage their Souldiers to a hot pursuit , proposed twenty thousand Crownes to any one that could bring in Montrose's head . And now the Van of the enemies Horse began to close up unto the retreaters , whereupon those good musquetiers that lined Montrose's Horse welcomed one , and another , and another of the forwardest of them with bullets in their sides ; with whose mischance the rest becoming more wary , abated of the eagernesse of their pursuit . And Montrose's souldiers when they saw they had been too hard for the enemies Foot at a march , and had got before them , taking heart and courage they skirmished stoutly with their Horse , untill the night parted the quarrell . And to rid themselves some way of the enemy , took their way East-ward many miles by the seacoast , However that was not their way , but to go North-ward toward Grainsbaine , and so to deliver themselves from their mischievous Horse . But Baily had laid the greatest part of his Army between them and Grainsbaine that there might be no place for thē to retreat unto . Therefore at the dead of the night when they were not far from Aberbroth , Montrose commands his men to make a stand a while . And long they stood not , before he considering with himself that all wayes & passages straight into the Mountains might be laid by the enemies Horse ( & he was not mistaken ) cōmands them to face about , and march South-west . And by this art ( though with intolerable pains ) he beguiled the Pursuers , whom that same night he passed by ; and then turning North-ward , by the next morning at Sunrising passed over South-Eske at a place not far from Careston Castle : and from thence sent to Brechin to fetch those men which he had there with the Carriages . But that had not needed , for they upon the report of this expedition had provided for themselves better and more timely , and had taken the Mountains . Whiles he staid at Careston , the Scouts brought him word on a sudden that the enemies Horse were in fight , and their Foot being refresh't with victualls and sleep , march't after them apace . Montrose himself being now within three miles of the Mountains was not much afraid of them , but his souldiers who had not slept for three dayes and two nights , but had all that while been either on their march , or in fight , were overcome with so dead sleep that they could hardly be raised without pricks and wounds . The enemy being at last entertained with a light skirmish suffered Montrose to possesse himselfe of the bottom of the Mountains , and having done nothing to the purpose retreated from their vain pursuit . So he and his men came to Gleneske . And this was that so much talk'd of Expedition of Dundee , infamous indeed for the mistake of the Scouts , but as renowned as any for the valour , constancy , and undaunted resolution of the Generall : and even admirable for the hardinesse of the Souldier , in encountering all extremities with patience , for for threescore miles together they had been often in fight , alwayes upon their march , without either meat , or the least refreshment . Which whether forraigne Nations or after times will beleeve I cannot tell , but I am sure I deliver nothing but what is most certain of mine own knowledge . And truly amongst expert Souldiers , and those of eminent note both in England , Germany , and France , I have not seldom heard this Expedition of his preferred before Montrose's greatest victories . CHAP. X. ANd now being safe beyond expectation , Montrose bids the souldiers take their rest , whiles he determines thus of the whole affaire of the war. He sends the Lord Cordon , together with those that had continued loyall and dutifull after the revolt of his brother Lewis into their own Country , both that they might recall those whom his brother had seduced away , and recruit themselves by levying new forces . Whic● he cheerfully and courageously performed , and though he spared none , yet he was most severe with those that had been authours or accessaries to his brothers defection : ad he was the more active in that businesse , that he might acquit himself of any suspition . Nor indeed did Montrose himself or any other more detest that villany of Lewis Gordon then that noble Lord his brother . As for Montrose , he with a small party ( for he kept but five hundred Foot and fifty Horse with him ) marches through Angus into Perthshire , that he might distract the enemy till such time as hee made up his Army with recruits from every side . Neither was hee out in his aime , for the Covenanters had sent Hurrey the Lieutenant Generall of the Horse with a Command into the North , of a party of six hundred old Foot , and two hundred Horse ; that he might strengthen their own side , and suppresse the Lord Gordon . And Baily himself staid with an Army at Perth , as in the very heart of the Kingdome , ready to wait upon all motions . Montrose was twelve miles off at a village called Kreif , where Baily understood he quartered securely with a very small party : who being diligent upon all occasions , set out from Perth at the beginning of the night with all his Army , that by a speedy march he might at break of day fall unexpected into M●ntrose's quarters . But hee found Montrose carefull enough of his businesse , and his Foot ready in armes either to march or fight ; buth he with his Horse came up towards the enemy to discover their number and strength . And when he found them to be two thousand Foot and five hundred Horse , hee commanded his men to march speedily away , and following the course of the river Erne to make good the fords thereof : hee with the few Horse that hee had was their Rear guard , lest they should have been troden in pieces by the enemies Cavalry . And truly he so valiantly repulsed the fierce assault of the enemy , that by killing some and routing others he forced them to a retreat , till at last his Foot after six miles march had made themselves masters of the passes of Erne . So the enemy retreated with the losse of their labour , and Montrose that same night being the 18. of Aprill , quartered at Logh-Erne , and came the next day to Balwidir , where the Earl of Aboine met him , who with some few more had escaped out of Carlisle , and hearing tydings of Montrose's good successe , had at last returned into his Country . Leaving Balwidir they advanced to Logh-Catrinet , where they receive intelligence that Hurrey had raised great forces in the North , and was ready to engage with the Lord Gordon ; and therefore there was danger that he being an active Souldier and a good Commander should be able to over-master that gallant young Gentleman . Therefore Montrose thought it necessary to oppose Hurrey assoon as was possible , as well to secure so dear a friend from imminent danger , as to be nibbling at the enemies Forces as he found them asunder , and to cut off that power by peace-meal which he vvell knew if it vvere all in a body vvould be above his march . Therefore by long and continued journeys passing by Balwidir , and a Lake of four and tvventy miles long , out of vvhich the river of Tay breaks forth , through Athole and Angus , and over Granshaine , through a vale called Glenmuck , hee came to the midst of Marre . There he joyned vvith the Lord Gordon , vvho had novv a thousand Foot and tvvo hundred Horse , and marching straight to the Spey , laboured to finde out and engage with the enemy . Nor vvas he above six miles off vvhen Hurrey thought hee had not yet got over Gransbaine , for vvith unvvearied labour and incredible speed he had over-run the very report of himself . Hurrey , lest a battell should be forced upon him whether he would or no , before he had received an addition of numerous Auxiliaries , in all hast passeth over the Spey . And because he had appointed the Rendezvouz of all his friends at Innernesse , hyeth to Elgin ; nor did Montrose pursue him lazily to Elgine . Thence with all speed he passeth to Forresse , nor did Montrose make lesse haste to follow and overtake him too at Forresse , and sat so close on his skirts for fourteen miles together , that notwithstanding he had the advantage of te night , hee had much adoe to reach Innernesse . The next day Montrose incamped at a village called Alderne : and Hurrey according to his hopes found the Earls of Seafort and Suderland , the whole sept of the Frasers , and most of Murray and Cathnesse , and the neighbouring parts to have assembled themselves to Innernesse well appointed . To these Hurrey ads some old souldiers of the Garrison of that Town , and so drawes up against Montrose . He now commanded three thousand and five hundred Foot , and four hundred Horse ; but Montrose ( who had no more but fifteen hundred Foot and two hundred Horse ) had a great minde to retire . But not only Hurrey pressed so vehemently upon him , that it was scarce possible for him to retreat , but Baily also vvith a Southern Army much stronger then Hurrey's ( especially in Horse ) was novv got already a great vvay on that side Gransbaine , and marched in great hast tovvards the Spey . What should Montrose do in this condition ? Hee must of necessity either give Hurrey battell , or undergo a far greater hazard of being hemb'd in between two Armies . Therefore he resolves to try the fortune of War without delay , to commit the successe unto God , and chusing the best advantage of ground hee could finde , there to expect the assault of the enemy . There was a little Town that stood upon the height which shadowed the neighbouring valley ; & some little hills that were higher then the Town behinde it , that hindered the discovery of any one till they were just upon him . In this valley he drawes up his Forces out of the view of the enemy . Before the Town he places a few but expert and choice Foot with his Ordnance , who were sheltered with such ditches as they found there . The right wing hee commits to Alexander Mac-donel with four hundred Foot , and lodged them in places fortified to their hand with banks and ditches , with shrubs also and great stones : and commands him to preserve himself entire , that he might be a reserve upon all occasions , and not to depart from his station which had so good a naturall fence , that they might lie there safe enough not only from the enemies Horse but Foot also . And with the same good advice , he committed to his charge that notable Standard of the Kings , which only he was wont to carry before him ; expecting that the enemy upon the sight of that would order the best of their Forces against that wing , which by reason of the disadvantage of the place would be rendred wholly unusefull unto them , till such time as hee on the left flank should take his best advantage against them . And to that end drawing the rest of his Forces to the other side , hee commends the Horse to the Lord Gordon , and takes charge of the Foot himself . Those few that stood before the Town under the shelter and covert of the banks and ditches seemed as if they were his main battell , whereas indeed hee had none . And for Reserves , in that scarcity of men they were not to be thought of . The enemy ( as Montrose most wisely fore saw ) assoon as they savv the Kings Standard ordered , the most part of their Horse and old Souldiers ( vvherein their chief strength consisted ) against that . And by this time the Van of the enemy began to dispute it with those before the Town , and on the right flank , and still as their souldiers were spent , drew up fresh men ; which Montrose because his number was but few could not so easily do : therefore hee resolved with all his men that he had on the left flank to make a violent assault upon the enemy at once . And whiles he was thinking so to do , there comes unto him one whom hee knew to be trusty and discreet , and whispers him in the ear that Mac-donell with his men on the right flank were put to flight . He being a man of a quick spirit , thought it was best to forestall the souldiers lest their hearts should faile them upon bad newes , and cryes aloud to the Lord Gordon , My Lord , what doe we doe ? Mac-donell upon the right hand having routed and discomfited the enemy is upon the execution ; shall wee stand by as idle spectatours whiles hee carries away the honour of the day ? And with that hee commands them to charge . Hurrey's Horse had no minde long to endure the shock of the Gordons , but wheeling about and beginning to run , left their flanks which they were to maintain open to their enemies . Their Foot , although thus deserted by their Horse , being both more in number and better armed then Montrose's men , stood out very stoutly as longs as his men kept aloof ; but assoon as hee came to fall upon them hand to hand , hee drove them to throw away their arms , and to seek ( though to little purpose ) to save themselves by their heels . But Montrose himself , not forgetting what was signified unto him by so faithfull a messenger , drew off with a few of his readiest men unto the right flank , where hee found things in a far other condition then they were left . For Mac-donell , being a valiant man , but better at his hands then head , ( being over-hasty in battell , and bold even to rashnesse ) disdaining to shelter himself behinde hedges and shrubs whiles the enemy vapoured and provoked him with ill language , contrary to orders , upon his own head advanceth towards the enemy out of that most defencible fastness & station where in he was placed . And he did it to his cost , for the enemy over-powering him both in Horse and Foot , and having many old souldiers amongst thē , routed & repulsed his men . And certainly if he had not timely drawn thē off into a close hard by , they had every one of thē together with the Kings Standard been lost . But hee made amends for that rash mistake in his admirable courage in bringing off his men , for he was the last man that came off ; and covering his body with a great target which he carried in his left hand , defended himself against the thickest of his enemies . Those that came closest up unto him were Pike-men , who with many a blow had struck their spear-heads into his target , which he cut off by three or four at once with his sword which he managed with his right hand . And those that made him any opposition in the close , seeing Montrose come in to his aid , and their own men on the other side put to flight , such as were Horse spur'd away , and the Foot ( most of which were old souldiers out of Ireland ) fighting desperately , were almost all of them slain upon the ground . The Conquerours pursued them that fled for some miles ; so that there were slain about three thousand Foot of the enemy , amongst whom their old souldiers fought most stoutly ; but almost all their Horse escaped by a more timely then honourable flight . Nor had Hurrey himself with some of their best men which went last off the field escaped the hands of the pursuers , had not the Earl of Aboine by I know not what want of heed , displayed some Ensignes and Standards that had been taken from the enemy ; and himself not following the chase but turning towards his own party , seemed to have been the enemy , and to threaten a new battell . With which mistake they were so long deluded , untill the enemies Horse , though much disordred , had shifted themselves away into such by-paths as they knew or could light upon : only a few of them came with Hurrey before next morning to Innernesse . Of such of the enemy as were slain , the most notable were Cambell Laver a Colonell of old souldiers , Sir Iohn and Sir Gideon Murray Knights , and other stout men , and perhaps not unworthy to bee lamented , had they not stained their otherwise commendable valour with the horrid crime of Rebellion ; nor in that did they so much follow their own jugdements as the humour of the times , or the ambition , or avarice of their Chiefs . Montrose of those that served with him on the left flank missed only one man , and him a private souldier ; and on that side where Mac-donell commanded , there were missing fourteen private souldiers also . But hee had many more wounded , the curing and securing of whom was especially provided for by Montrose . Afterwards entertaining the prisoners with sweetnesse & courtesie , hee promised all such as repented of their errour , liberty or employment , and was as good as his word ; and such as were obstinate in their rebellion he disposed of into severall prisons . In this battell at Alderne the valour of young Napier did very much discover it self ; who being the son of the Lord Napier of Marchiston , and Montrose's nephew by his sister , had but a little before without the knowledge of his father , or wife , stoln away from Edinburgh to his uncle , and did at this time give an excellent assay of his valour , and laid down most firm principles of a most noble disposition . Whereupon the chief of the Covenanters took his father , a man almost threescore and ten years old ( and as good a man as ever Scotland bred in this age , ) and his wife , the daughter of the Earl of Marre , Sir Sterling Keer his brother-inlaw ( an excellent man also , chief of his family , and one that had suffered very much for his Loyalty ) together with his two sisters , the one Sir Sterlings most virtuous Lady , the other a virgin , and cast them all into the dungeon ; from whence afterward they were to be delivered by Napier himself with the assistance of his uncle . This battell was fought at Alderne on the 4. of May , 1645. CHAP. XI . MOntrose allowing a few dayes of refreshment to his souldiers , marched to Elgin which is the chief Town of the Province ; where for the sake of those that were wounded , hee made some longer stay , because they had there the accommodation of good Chyrurgeons and medicines , which are sometimes scarce to be had in the field . Afterward passing over the Spey hee came to Keith , from thence to Frendrackt , and so to Strathbogy . Here Baily meets him ( unto whom Hurrey with those that remained of his broken Troops at Alderne was joyned ) and provokes him to battell . Montrose kept back his men , who were spent with great travaile , and were far fewer both in Horse and Foot , though very eager to fight , till such time as he had raised new forces , & recruited them . Therefore thinking it enough to maintain that ground which he had chosen as commodiously as he could for himself untill night , passeth then to Balvenie , whither also the enemy followeth him : but he passing by Strath Done & . Strath-Spey , went up to Badenoth . The enemy getting to the other side of the water provokes him again to fight ; but in vain , for he was very wary of giving them a set battell , but neverthelesse by frequent skirmishes , and especially beating up quarters in the night , did so much weaken their power and courage , that they that were so haughtily daring but a while ago , as well Commanders as Souldiers , hastily and disorderly betook themselves by night to Innernesse when none pursued them . Montrose was not much displeased that hee was so rid of this enemy , especially for this reason ; the Earl of Linesey , the prime ringleader of the Covenanters next unto Argyle , and his rival too ( as being brother-in-law to Duke Hamilton ) used to give out , that Argyle wanted either care or courage ; and howsoever it came to passe , was still unfortunate . And therefore he took upon himself the command of that Army which was newly raised , as if he would assay to manage the businesse with better conduct . And now he had passed over with his forces into Angus , intending to be a Reserve unto Baily ; and if any thing should happen otherwise then wel , at the worst hee was ready to hinder Montrose's passage over Forth . For they were alwayes very jealous lest Montrose should remove the seat of Warre to this side the Forth , and nearer Edinburgh . Therefore hee resolved with all speed to quell Lindsey ( who lay yet in Angus at a Castle called Newtill ) both because the Generall was no souldier , and the souldiers raw , and unacquainted with the hardship of war. In pursuit of which designe , departing from Badenoth he marcheth through the plains of Marre over Granshaine , and came by long and painfull journies unto the coast of the river of Airley , intending to surprise the enemy on a sudden : which was easie to be done , for hee had made such hast , that the newes of his approach was not so swift as himself . And now Lindsey was not above seven miles from him , and all things were ready for an assault , when ( upon what occasion it is uncertain ) almost all the Northern men privately ran away from their colours ; and going back the way that they came , return into their Country . The Lord Gordon was in the Camp , and there was none there that detested that villany with greater indignation then he , in so much that Montrose had much adoe to with-hold him from putting such of the fugitives to death as had any dependance upon him . Some stick not to say , that these men were inveigled away by the private directions of his father the Marquesse of Huntley to the Earl of Aboine , who by reason of his sicknesse was absent . For it vext Huntley , a haughty and envious man , to hear of the successe of Montrose ; nor could he endure that inward frindship which was between his eldest son and him . However it was , Montrose being cast down with this unexpected misfortune , was forced to put off that Expedition against Lindsey , and to suffer patiently so great and easie a victory to be taken out of his hands . Therefore taking up new resolutions , hee followeth after Colonell Nathaniel Gordon , a valiant man and a trusty , and welbeloved in his Country , whom he had sent before . And by this time Baily and Hurrey had returned from Innernesse , and quartered in lower Marre by the side of Dee . And Montrose came by the coast of Eske , and the plains of Marre into the heart of that Country , commonly called Crommare . And whiles hee passed through those plains aforesaid , hee dispatched Mac-donell with a party into the furthest part of the Highlands , to conduct such Forces as were there raised with all speed unto the Army . Afterward hee sent away the Lord Gordon himself , to hasten and promote that levy of men which Nathaniel Gordon was listing , by all the power and interests hee had in those parts . Which he most diligently performed , and amongst others , brought his brother the Earl of Aboine back with him . Whilest these things passed in Cromarre , Lindsey joynes his Forces with Baily in lower Marre . With whom Montrose finding himselfe unable to deal , ( the most part of his Forces being gone along with the Lord Gordon and Mac-donell ) hee stept aside to the ruinated Castle of Kargarf , lest the enemy should overlay him on the champaine grounds with their multitudes both of Horse and Foot ; but when hee was close unto the Mountains he feared them not . From hence Aboine falling sick again , betook himself to Strathbogy ; and upon pretence of a guard , carried along with him a considerable number of Horse , whom his brother the Lord Gordon had much adoe afterward to draw back to their colours . In the mean time Lindsey took a thousand old Souldiers from Baily , and gave him as many raw & new rais'dmen for them ; and as if hee intended to do some famous exploit , returning through Merne into Angus , with all the pains he took hee did only this , he ranged with his Army up and down Athole , and after hee had robbed and spoiled all the Countrey , he set it on fire . In this imitating Argyle , who was the first that in this age introduced that cruell and dreadfull president of destroying houses and corn : being better at fire then sword , when they came into empty fields and towns unmann'd . Baily at that time went to Bogy , to besiege the fairest castle that belonged to the Marquesse of Huntley , and indeed of all the North ; and in case he failed to take it in , to waste and fire all the Country of the Gordons thereabouts . Montrose ( although Mac-donell was absent with a greatparty ) thought it necessary to relieve Huntley and his friends , whom he laboured to assure unto himself by all good offices , and hied thither . Where having notice that Baily's souldiers , though not all yet a great part , were new rais'dmen ( for he had parted with so many old souldiers to Lindsey ) desired nothing more then without delay to fight him , and marcheth straight towards him . Hee had not gone above three miles before he discovered the enemies Scouts : He therefore sent before some of his readiest men that knew the wayes to view the strength , the rendezvouz and the order of the enemy . They immediately bring word , that the Foot stood on the top of a hill some two miles off ; and the Horse had possessed themselves of a narrow and troublesome passe which lay almost in the middle between the two Armies , and were come on this side it . Against them Montrose sent such Horse as he had in a readinesse , with some nimble Firelocks , whom they first entertained with light skirmishes afar-off , and after retreated behinde the passe , which they had strongly man'd with musquetiers . Montrose sends for the Foot , that if it were possible they might dislodge the enemy from thence ; but it could not bee done , for they were parted by the fall of the night , which both sides passed over waking , and in their arms , The next day Montrose sends a Trumpet to offer a set battell , but Baily answers , hee would not receive orders to fight from an enemy . Hee therefore seeing he could not drive the enemy from those passes without manifest losse and danger , that hee might draw him out thence in some time , marcheth off to Pithlurge , and from thence to a Castle of the Lord Forbesis called Druminore , where he staid two dayes . And at last hee understands the enemy had quitted the passes , and was marching toward Strathbogy ; so he at break of day sets forth towards a village called Alford . But Baily when he had gotten certain notice that Mac-donel with a considerable part of those Forces was absent in the Highlands , hee voluntarily pursues Montrose , conceiving him to be stealing away , and about noon began to face him . Montrose determines to wait for the enemy ( who as seemed to him came towards him ) upon the higher ground : But Baily turning aside some three miles to the left hand , Montrose holds on his intended march to Alford , where hee staid that night , the enemy lying about four miles off . The next day after , Montrose commands his men very early in the morning to stand to their armes , and make ready to battell , and placed them on a hill that stands over Alford . And as he with a Troop of Horse was observing the motion and order of the enemy , and viewing the fords of the Done , a river which runs by Alford , it was told him that the enemy , Horse and Foot , were making unto a ford which lay a mile from Alford , to the intent that they might cut off the Reare of their flying enemy ; for so those excellent Diviners prophesied to their owne destruction . Montrose leaving that troop of Horse not farre from the Ford , together with some select and understanding men who should give him perfect intelligence of all things , hee returneth alone to order the battell . And above all things he possesses himselfe of Alford hill , where hee might receive the charge of the enemy if they fell on desperately . Behinde him was a moorish place full of ditches and pits , which would prevent Horse falling upon his Reare : before him was a steep hill which kept his men from the enemies view , so that they could hardly perceive the formost rankes . Hee had scarce given order for the right managing of all things , when those Horse whom hee had left at the Ford returned with a full cariere , and bring word that the enemy had passed the River . And now it was no more safe for either of them to retreat without the apparent ruine of their party . It is reported that Baily , like a skilfull and wary Commaunder , was sore against his will drawne unto this battell ; nor had engaged , had he not beene necessitated unto it by the rashnesse of the Lord Ba●carise , a Colonell of Horse ; who precipitated himselfe and the Horse under his command into that danger , whether Baily would or no , as that hee could not be brought off without the hazard of the whole Army . Montrose gave the command of his right wing ( on which side the enemies Horse were most strong ) unto the Lord Gordon ; and appointed Nathaniel Gordon , an old Commander to his assistance . The command of the left wing was given to the Earle of Aboine , to whom also was joyned Sir William Rollock : And of the maine battell to two valiant men , Glengar , and Drumond of Ball the younger , unto whom hee added George Graham master of the Camp , an expert souldier also . The Reserve , which was altogether hid behinde the hill , was commanded by his nephew Napier . And for a while , Montrose kept himself upon the height , and the enemy in the valley being fortified with pits and ditches ; for it was neither safe for the later to charge up the hill , nor for the former to fall upon them that were surrounded with marshes and pooles . The numbers of the Foot were in a manner even , either side had about two thousand : but Baily was much stronger in Horse , for he had six hundred , and Montrose but two hundred and fifty . Only Montrose had this advantage , that the enemy were for the most part hirelings raised from dunghills , but those that served the King , Gentlemen , who fought for a good Cause and Honour , gratis , and not for gaine ; and such as esteem'd it more becoming to die then to be overcome . Besides Montrose knew that the greatest part of the old souldiers were gone with Lindsey , and the new ones would be so frighted with the shouts of the Armies , and the noise of Trumpets , that they would scarce stand the first charge . Therefore in confidence of so just a cause , and so valiant assertors of it , he first drew downe his men , and immediately the Lord Gordon giving a smart charge upon them , was courageously receiv'd by the enemy , who trusted to the multitude of their Horse : and now being clos'd , and come to handy blowes no one could advance a foot but over his vanquished enemy ; nor retreat by reason of the pressing on of those in the Rear . The first that made way for themselves and their men by a great slaughter of their enemies were the two Gordons , the Lord , and the Colonell ; and Colonell Nathaniel called out unto those expert Firelocks who now lin'd the Horse as they were wont , Come on , my fellouw sonldiers , throw downe your now uselesse guns , draw your swords , and sheat them in the Rebells Horse ; or hamstring them . They instantly tooke the word of command , and at the same time Montrose drawes up Napier with his Reserve , which lay out of sight on the other side of the hill ; at whose sudden and unexpected coming , the enemy afrighted , betook himself to his heels . Aboine with the left wing kept off , nor did hee attempt the enemy but by light skirmishes in small parties : who when they saw their own men on their left wing routed and put to flight , made their retreat with little losse . Their Foot being deserted by their Horse , after they had desperately stood out a while , and refused quarter , were almost all cut off . The fall of the Lord Gordon was no little advantage to the escape of their Horse , who after the battell was won , rushing fiercely into the thickest of them , received a shot through his body by the conquered and flying enemy , and fell down dead . Whom also Aboine did not hotly pursue , being much troubled with the losse of his brother . In this battell , Montrose did not lose so much as one common souldier , and of Gentlemen , one Culchol , and one Milton ; whose names and families I should most willingly have inserted , had I been so happy as to have knowledge of them , because they died gallantly in the bed of Honour ; fighting for their King , their Liberty , and the Laws . Nor are some Pedees as well Scotch as Irish to be forgotten , boyes scarce fourteen years of age a piece , who throwing down their masters luggage , & mounting upon their nags & sumpter-horse , did not onely make a faire appearance of a body of Horse , but ( as if they had bin Corrivalls in valour with their masters ) beyond what might be expected from their years & strength , fell in among the thickest of their enemies . Of whom some , but very few were slain , nor did they sell their lives for nothing ; and by that they gave an ample testimony of their towardnesse , and of so manly a spirit in children as might prescribe to riper years . But the losse of the Lord Gordon had so deep an impression upon all mens affections , that they had the face rather of a defeated then victorious army . The first scene of their sorrovv vvas acted in a dull silence ; in the next , the floud-gates vvere broke open , and the army vvas full of sighes , and sobs , and vvailing , and lamentation : and then vvith bedevved cheeks , assoon as their grief could get a tongue , they blam'd Heaven , and Earth , and Fortune , and every thing for depriving the King , the Kingdome , the Age , themselves , and their posterity of such a man. Thus forgetting their victory and the spoile , they fixt their eyes upon the lifelesse body , kissed his face and hands , commended the singular beauty of the corps , compared the Nobility of his descent , and the plentifulnesse of his fortune , vvith the hopefulnesse of his parts ; and counted that an unfortunate victory that had stood them in so much . And truly it vvas like to have happened , that their excessive sorrow for the losse of this noble Gentleman had conquer'd the Conquerors , had they not comforted themselves vvith the presence and safety of Montrose . Nor could he himself refrain himself from bewailing vvith salt tears the sad and bitter fate of his most dear and only friend , but lamented much that the honour of his Nation , the ornament of the Scottish Nobility , the ablest assertor of the Royall Authority in the North , and so intimate a friend unto himself should be thus cut off in the flowre of his age . In the mean time , hoping that reason and time between them would asswage that grief , hee commands Physicians to embalme his noble corps , which afterwards being removed to Aberdene , he saw brought forth with a sumptuous and Souldier-like Funerall , and interr'd in the Monument of his Ancestors in the Cathedrall Church . This battell was fought at Alford on the 2. of Iuly , 1645. CHAP. XII . MOntrose that same afternoon that hee had got this victory at Alford , marching to Clunie Castle , allowed onely two or three houres to his souldiers for their refreshment . And going from thence to the banke of the river Dee , sent away the Earl of Aboine , who succeeded his deceased brother . into Buchanshire , and the places adjacent for recruits ; for many of them who were at the fight being Highlanders , & not farre from their own habitations , had dropt home with their pillage . And because Macdonell was not yet returned , hee kept his quarters at Cragston , expecting both him and Aboine . But when hee perceived those Auxiliaries were dispatched unto him with lesse speed then he hoped , and finding his expectation deluded , impatient of so long and disadvantageous delay , after he had got over the Dee and Gransbaine , fell down into Merne , and lay at Ferdon Chapell , once famous for the See and Sepulchre of St. Palladius . Thence hee sends to the Earl of Aboine ( who was now come to Aberdene ) to hasten unto him into Merne with such Forces as he heard he had raised . Aboine came indeed but brought no great store of Forces along with him ; therefore hee sends him backe into the North to raise as many men as he could possibly , and bring them with all speed unto the Camp. Hee himself going through Angus met his Cosen Patricke Graham with his Athole men ready to live and die under his command , and Mac-donell with a great power of Highlanders : with him was Macklen , the chief of his sept , a valiant man , and singularly loyall , who brought some seven hundred choise Foot of his friends and clients . Also the Chief of the Mac-ranolds , a great man in the Highlands , & one that entirely lov'd the King , who had above five hundred men at his heels . The Mac-gregories also , and the Mac-nabies men inferiour to none in valour and hardinesse : after the fashion of the Country , followed their Commanders and Chiefs of their Families , whose certain number I cannot easily assigne . And Glengar , a man never sufficiently to be commended for his valour , and loyalty to the King , and serviceablenesse & affection to Montrose , ( seeing he in person almost from the Expedition into Argyle had never departed from him ) by his uncles and others whom he imployed , brought in about five hundred more . Besides out of the plaines of Marre came a great number of the Fercbarsons , gallant men and of approved valour . And some too out of Badenoth , not many indeed but stout and able men of their hands . Montrose being reinforced with such an Army , resolves to make his way into the heart of the Kingdome ; as wel to spoile the enemies levying of men in Fifeshire , and the Country on this side the Forth , as also to break up the Parliament which the Covenanters had not without solemnity and ostentation summoned at Saint Iohns-tovvne . Nor did any thing hinder him but want of Horse , of which alwayes he had such scarcity , that it was never or very seldome safe for him to fall down into the plain Country . But because hee daily expected Aboine and Airley to come unto him with a considerable party of Horse , he passed over the Tay at Dunkeldon , and lying near Amunde , struck no small terrour into the enemy who held Saint Iohns tovvn ; and from thence approaching nearer unto them , he encamped in Methfyn Forrest . The enemies Foot ( all but the garrison souldiers in the Towne ) lay on the South of the river Erne . The Horse which were designed for the guard of the Town and Parliament assoon as they discovered Montrose's Scouts , bring in a hot alarm that hee was there , and come already close to the gates , and no question but he meant presently to scale the walls , and make an assault upon the Town : therefore they were earnest with the Nobility and the whole Parliament , to secure themselves by a speedy flight : when all this while Montrose had scarce a hundred Horse , & they wer four hundred . But he the next day the more to encrease their terrour , drew nearer unto the Town with those Horse hee had , and about the same number of ready Fire-lockes whom he mounted upon pack-horses ; and set out his men in their view so much to his advantage , that they appeared a considerable body of Horse . And because the enemy kept themselves within the gates , forthwith turning towards Duplin , hee diligently view'd this side of the River Erne and all that coast , as if he had Horse enough to keep all that Country in subjection . And truly thus much he got by it , that the enemy tooke him to be exceeding strong as well in Horse as Foot. Therefore they draw together as many Forces from all sides ; as they could make , whom they intended to fight with Montrose if hee should offer to passe over the Forth . But hee finding it not safe for himself neither to descend into the champian Country , they both kept their stations for many dayes , the enemy expecting Auxiliaries out of Fife , and the Country on this side the Forth , and out of the West ; and Montrose looking for the like out of the North. And waiting impatiently for Aboine who was too slow with his men , he sent some to hasten him , least they should lose the opportunity of doing their businesse . Hee also complained , but in a soft and gentle manner , as before a faithfull friend , that Aboine's lingring and delay was in the fault , that a brave victory , by which he conceived the Rebells might have been utterly subdued , had slipt out of his hands ; which misfortune no man doubted but his speed and diligence might have prevented . The enemy when they understood that he onely cheated them with a false Muster of Horse , having gotten aid from all parts , and by this time over-numbring him even in Foot , labour'd not only to provoke , but even compell him to fight . Wherupon hee concluded to step aside a little into the neighbouring Mountains , whither he knew either the enemy would not advance , or if they dit it would be to their losse . Therefore the enemy drawing near with all their Army to Methfyn , he gives a private command for the Carriages to drive fast up the hills , whiles he , as if he intended to fight , orders the battell , makes good the passes with strong guards , and drawes up the Horse into the Front. Nor did the enemy expect any other then to try it out by battell , which hee made as if hee would give , till such time as the Carriages were got so farre before , that he conceiv'd them out of danger : and then he commands the Army in one body at their close order to march away apace : He gave charge unto such Horse as he had , and his ablest Fire-locks to bring up the Reare , & to secure them from the enemies Horse . The enemy providing for a present charge , as they expected , when they saw Montrose retreating , first pursued eagerly though to no purpose ; for he making good all passes as he went , easily repulsed them , and without losse of so much as one private souldier came chearfully off into the heights and steep places that were unaccessible unto the enemies Horse , and for their Foot they fear'd no assault from them . It is remarkable , that when Montrose's Horse were come up unto the passes , and the enemy knew very well they were not able to pursue any further ; lest with all that paines they should seem to have done nothing at all , they sent out three hundred of their ablest and readiest Horse to follow after them with a great shout & base language ; whom , when Montrose saw , he call'd for only twenty active bodied men of the Highlanders that were used to hunting , & very good marks-men , and commanded them to check their insolence ; and they first of all creeping hither , and thither , and hiding their guns , took their aimes so well that they knockt downe some of the forwardest of those men ; who being men of the better sort , by their example made the rest more wary , so that they were all contended to retreat . But those good huntsmen being encouraged with their good successe , assoon as they saw their enemies disorder●d , came into the open plain and resolutely charged their Horse : who , in as much feare as Bucks or Does chased by Hunters , set spurs to their Horses and fled back to their maine body as if the Divell were in them . The enemy upon their retreat chose that place for their Rendezvouz , from whence Montrose departed , Methfyn Forrest : after they had done nothing worthy to be remembred in all that expedition but that when thy found themselves unable to cope with men , they exercised their cruelty upon women : for all the wives of the Irish and Highlanders that they light of , ( who followed the Camp for the love of their husbands ) most basely and shamelesly they hew'd in pieces . Montrose kept his quarters at little Dunkeldon , both because the place was cumbersome and unpassable for Horse , and lay very conveniently for receiving such aids as he daily expected with Aboine out of the North. All which time the two spleenative Armies lying close together rather stood upon their guards then offered any affront one to the other . And now at length Aboine and Colonell Nathaniell Gordon brought up their men out of the North to Dunkeldon ; men for their number indeed fewer then was expect , but for their stoutnesse and true valour farre above their number . The Horse they brought were only two hundred , and some six score Firelocks whom they had mounted and made Dragoons : other Foot they brought none . Along with them came the Earl of Airley and Sir David his son with fourscore Horse , most of them of the noble family of the Oglebyes ; amongst whom Alexander sonne and heir of Sir Iohn Ogleby of Innercarit was most eminent , not onely for the rare accomplishments of his person and the splendor of his Ancestors , but for the honour of his valiant and happy atchievements , much above what his age could promise . Montrose being thus well recruited , thought it not good to lose any time but marched straight towards the enemy . But assoon as he came to Amonde ▪ he thought it best to see in what condition the enemy was , & to find out whether that was true which he had receiv'd a flying report of ; that was , that very many of their Auxiliaries had deserted their colours and run home . Therefore leaving his Foot to take their rest , a little before night he fac'd the enemy with his Horse ; with which sight being somting affrighted , they kept within their trenches . And next morning early Montrose riding about to discover , was informed that they had stollen away at the dead of the night to Methfyn , and in disorder had got over a bridge upon the Erne . Hee instantly causes his men to march , and passing the river at a stone-bridge about six miles off , lay that night in Strath-Erne . CHAP. XIII . FIfe is the most populous , the most rich , the thickest Country of Towns and Villages in all Scotland . Its inhabitants are little martiall , consisting most of Merchants , Shopkeepers , Mariners and Husbandmen . But so new fangled in their Religion , and so bewitched both by the example and authority of the Nobility , and by the Sermons of their seditious Ministers , that all of them upon the matter were extremely addicted to the Covenanters . The Country it self is almost an Iland , being inviron'd towards the South with the Scottish Firth , on the North with the Tay , which carrieth ships of great burden all along ; on the East with the maine sea . No entrance thither by land but on the West , in the straights of which both Armies lay . The whole Country was in a distraction , some ( especially their much admired Preachers that thundred nothing but Excommunications ) inciting and compelling all of every estate and age to take up armes ; others flocking in great numbers unto them , others running hither and thither to hide themselves , as every one was led by his own superstition , confidence , or fear . Montrose was very desirous to assault the enemy , and try the fortune of a battell with them before they encreas'd their Forces with addition of the Fife-men ; but it would not be . For they had so for●ified themselves by the advantage of the ground , and the narownesse of the passages , that hee could by no means either make his way unto them or draw them out into plainer ground . Having therefore made them severall fruitlesse offers of battell , he resolved to march into the heart of the Country , and came to Kinrosse , as well to hinder the rising of that Country , as to traine the enemy at last out of their fastnesse to come in unto the aid of their distressed friends . They , not so much as daring to fall upon his Rear , turn'd another way , and keeping close to the banke first of the Erne , afterwards of the Tay , made speed towards the East-side of the Conntry . As Montrose passed along , he sent Colonell Nathaniell Gordon , and Sir William Rollock before him with a small party . These sending the rest of their party up and down to scout , kept only ten men in their company : on a sudden they happened upon two hundred of the enemy who were raising mē in those parts ; and being not able to retreat , they twelve encountred the two hundred , put them to flight , kill'd some and took other some prisoners . Montrose that night came to Kinrosse , not doubting but they of Fife who were exceedingly out of love with the King , most firm to the Covenanters , and wholly given to the new superstition , were generally up in armes . Therefore thinking it not safe rashly to engage with so great a multitude of Horse and Foot , hee determin'd to passe over the Forth ▪ and that upon this ground , that he having wearied out the Fife-men ( whom he beleev'd would not bee easily perswaded to follow the Army further then their own borders ) with long marches might vanquish them without a blow . For he accounted that most of them being born or brought up in shops , or ships , or taverns , & not acquainted with the hardship of souldiers would presently give out and be weary . Besides such of the Nobility as were in rebellion ( after they saw with sorrow that the seat of the Warre was drawn so near them as the Forth ) were raising men with more eagernesse then ever before upon the Borders & in the West ; of whom the chief were the Earls of Lanerick , Cassils , and Eglington . Whose levies Montrose laboured either to hinder , or draw themselves to his side before they came up to Baily and the Fife-men ; therefore hee marched from Kinrosse towards Sterling , and lay that night some three miles from the City . The next day sending the Foot before , he followed softly after with the Horse , because hee suspected that the enemy pursued him in the Rear . Nor was he deceived in that suspition , for some Espyals whom he left behinde him brought word that Baily was hard by with the greatest Army that ever he had . And immediately the enemies Scouts came within view , one of whom having been too forward was brought prisoner to Montrose by some of his Horse . He being examined told them freely and confidently , that he beleeved Baily and his party were resolved to march all that night to engage him to fight assoon as was possible before they dismist the Fife-men , who being already tir'd he hardly beleev'd would be drawne over the Forth ; accounting their work at an end assoon as the enemy was gone out of their own Country . Therefore Montrose that he might get speedily over the Forth , bid his men march apace , and going on the other side of Sterling ( a good Town , and one of the Kings strongest Castles , in which the enemy had now a great garrison ) that same night passed over the river at a Ford about four miles above the Town . And at break of day next morning made a halt a while about six miles from Sterling : where he had intelligence , that the enemy the night before had not come over the Forth , but quartered three miles from Sterling on the other side of the river . Therefore Montrose holding on his intended journey , encamped himself in that fatall place , the Field of Kilsythe . He bids the souldiers to refresh themselves , but however to be in a readinesse either to fight or march , as occasion should serve . The enemy the mean while by an easier and shorter cut got over the Forth at Sterling bridge , and encamped at night some three miles from Kilsythe . In the interim , the Earl of Lanerick Duke Hamilton's brother had rais'd a thousand Foot and five hundred Horse of the friends and clients of the Hamiltons , in Cluidsdale and the places adjacent , an● was not at present above twelve miles from Kilsythe And the Earls of Cassils , Eglington , and Glencarne with others of the Covenanting Nobility , were engaging the West unto the same impious Milit●a : who were so much the readier to take up armes , by how much they had lesse felt the miseries of warre . Which things being well considered , Montrose thought it best to fight with those Forces which Baily had at present . For although they were more numerous then his own , yet the danger was like to be greater of his side , if he should be put to engage with them when Lanericks & other parties were com up . But moreover hee was either obliged to take this course or do nothing , and return back into the Highlands with the blemish of that Honour which by so many victories he had atchiev'd . The enemy on the other side being arrogant , and confiding in the multitude of their men , beleev●d that Montrose had but made a running march the dayes before , and had passed the Forth more out of fear then designe , so that they counted it nothing to assault him in that ground and entrenchment which hee had chosen to his best advantage . And above all , their proud hopes were most carefull of this , to block up all wayes of his escape , and to prevent his return into the Mountains . But there are some that say , Baily himself thought it not best to give him battell , but was over-sway'd by the authority and votes of the Earl of Lindsey especially , and some other of the Nobility that were present in the Army , which forc't him much against stomack to draw up his men , and order the battell as he could . However it was , early in the morning they led their men straight upon Montrose : which when he saw , he told the standers by that that was happen'd which he most desired , for now hee could supply his want of men by the advantage of the ground ; and therefore he made haste to possesse himself of the fastnesses before them . Moreover hee commands all his men as wel Horse as Foot to throw off their doublets , and to affront the enemy all in white , being naked unto the waste all but their shirts : which when they had chearfully performed , they stood there provided and ready to fight , resolved certainly either to conquer or die . In the field where they intended to fight there were some Cottages and Country-gardens , where Montrose had conveniently lodg'g some few men ; and the first design of the enemy was to dislodge them . But it took not , for making a fierce assault and being as stoutly receiv'd , assoon as they were observ'd to cool something of their first heat , those that mann'd the places beat them off , drave them away , and slew them without resistance . The Highlanders being animated with this happy successe , those that were next those places not expecting the word of Command , ran rashly up the hill wich lay open to the whole strength of the enemy . Montrose although hee was something troubled at the unseasonable boldnesse of his men , yet thought it not good to leave them engaged ; nor was it easie to say whethe● the quicknesse of his relief or the cowardlinesse o● the enemy conduc'd more to their fafety . Montrose had in all four thousand four hundred Foot , and five hundred Horse ; a thousand of his Foot or more had now by their own fault so engaged themselves with the enemy that they could not come off , for the enemy encounter'd them with six thousand Foot and eight hundred Horse . But the enemies Rear came up but slowly , and while the Van made a stand expecting their advance , Montrose had opportunity to bring timely aid to his engaged men . But at last they send out three troops of Horse , and after them two thousand Foot against those rash and almost lost men of Montrose's . Which when Montrose saw ( after others had too dishonourably shifted off that service ) he thus bespeaks the Earl of Airley : You see ( my noble Lord ) how yonder men of ours by their unadvisednesse have brought themselves into a most desperate hazzard , and vvill presently be trampled to dirt by the enemies Horse , except vvee relieve them vvith all speed . Novv all mens eyes and hearts are fixt upon your Lordship , they thinke you onely vvorthy so great an honour as to repell the enemy and bring off our fellow souldiers . Besides it seemes most proper for you , that the errour vvhich hath been committed by the foolhardinesse of youth , may be corrected by your Lordships grave and discreet valour . And he undertook the service ( as dangerous as it was ) with al his heart , and being guarded with a troop of Horse , ( in which rode Iohn Ogleby of Baldeby , who had formerly been a Colonell in Svvethland , a stout man , and a skilfull souldier ) led them on straight upon the enemy . And they giving the charge upon the Ogleby's , disputed it sharply with them for a while , but at last being no longer able to withstand their courage sac't about : whom the Ogleby's pursued so hotly , that they made them fall foule upon their owne Foot ; and ( charging them furiously thorough and thorough ) routed them and trode them under foot . By this gallant example of Airley and the Ogleby's , Montrose's souldiers being enrag'd more and more could no longer be kept back from raising a great shout ( as if they had already got the day ) and falling on upon the enemy . Nor would the Rebells Horse long abide their charge , but deserting their Foot , fell a running as fast as ever they could : Nor did their Foot after they were so deserted stand it out long , but throwing down their armes sought to save their lives by flight . Which proved unserviceable , for the victorious pursuers had the killing of them for fourteene miles : So that of all the enemies Foot that were present at that battell , it is thought there did not an hundred come off . Nor did their Horse escape very well , of whom some were killed , some taken , the rest disperst . Their Ordnance , their Armes , their Spoiles came clearly to the Conquerours , who lost only six of their side ; whereof three were Oglebyes , valiant Gentlemen , who fighting like themselves , sealed the victory with their own bloud . The rebellious sort of the Nobility ( of whom many were in the fight ) some of them by their timous running and swiftnesse of their Horses got to the Town and strong Castle of Sterling ; others escaping to the Scottish Fyrth shipt themselves in some vessels that lay at anchor near the shoare : amongs● whom Argyle ( having now this third time been fortunate to a boat ) escaped into a ship ; and thought himself scarce safe enough so , till weighing anchor he got into the main . Of prisoners , the chief were Sir William Murray of Blebe , Iames Arnot brother to the Lord Burghley , one Col. Dice , and Col. Wallis , besides many more , whom Montrose after quarter given used courteously , and upon the engagement of their Honours set at liberty . And this is that famous victory of Kilsythe , obtained on the 15. day of September 1645. in which it is beleev'd no fewer then six thousand Rebells were slain . CHAP. XIV . THere was a great alteration all the Kingdome over after this battell at Kilsythe ; those of the Rebell-Nobility were all of them sore affrighted , some of them fled to Barwicke , some to Carlisle , some to Newcastle , others into Ireland . And such as before only privately wisht wel unto the King , now did no longer fear to shew themselves to expresse their loyalty , to pray openly for his prosperity , and to offer their service . But those that before had sided with the Covenanters began to ask forgivenesse , to plead they were constrain'd to take up armes by the violence and tyranny of the Rebells , to submit their persons and estates to the Conquerour , humbly to beseech his protection , and implore his wonted clemency . And Cities and Countries that were furthest off began to dispatch their Commissioners to professe in their names their Allegiance to their King , their duty and service to his Vicegerent , and freely to offer him men , arms , provisions , and other necessaries of War. The Nobility of the Realm and the Chiefs of Septs came in thick unto the Lord Governour , welcomed him , tendred their service unto him , extoll'd his high and honourable atchievements , & thank't him for them . All whom he pardoned for what was past , received them with liberty and indempnity into his protection , and encouraged them to be of good chear . Nor did he lay any greater burden upon them , then to change that covetous and cruell slavery which they were manacled with by the Rebells , for the sweet and gentle government and protection of a most gracious Prince ; and by laying aside all former grudges ands fewds , hereafter more religiously to observe their duty and loyalty to the good King ; & thenceforward never more to have to do with the counsells of seditious men , who by endeavouring to satisfie their own lusts , had engaged King and Subject one against the other , & upon the matter ruin'd both . For his part hee never had any other intention , then to restore their Religion , their King , their Liberty , his Peers and Countrimen , by Armes ( when no other means was left ) out of the tyranny of Rebells unto their ancient peace , happinesse , and glory . Which if he should effect , he would give Almighty God , the author of all good things , everlasting praise ; but if hee failed however hee should by these his honest endeavours acquit himself before God , and Gods Vicegerent his Majesty ; before all good men , and his posterity , his honour , and his conscience . At this time the whole Kingdom sounded nothing but Montrose's praise . Men of all sorts every where extolling the ingenuity of his disposition in which he out-went all his Equalls ; the gallantry of his person in war , his patience in travels , his evennesse of spirit in dangers , his wisdome in counsels , his faithfulnes to such as submitted , his quicknesse in dispatches , his courtesie to such as he took prisoners ; in a word , his truly heroick vertue in all things , and towards all men . And this honour most men gave him in good earnest , & out of a sincere affection , but som in craft & dissimulation ; and as every one had wit or skill they set forth his Encomiums or Panegyricks in Verse or Prose . Yea such is the volubility of humane things , and the inconstancy of the whirling multitude , that they were not affraid openly to curse & raile at the ringleaders and prime men of the Covenanters Faction , such as Argyle , Lindsey , Loudon , & others ( whom a while agoe they honoured & adored for Saints ) as authors of al the mischiefs that had befalne them . All things going on thus happily , the Northern parts of the Kingdome being secured on his back , the way being opened unto him into the South , the power of the Rebells every where quash't their chief leaders ( who in conscience of their guilt despaired of mercy ) driven out of the Kingdome , & no considerable party remaining in armes ; yet in the West there were some stirres . For the Earls of Cassils and Eglingtou , and some other promoters of the Covenanters Cause laboured to engage the Countries in a new War , and were said to have rais'd in a tumultuary way the number of four thousand men . Therefore Montrose the next day after the battell of Kilsythe drevv his men into Cluidsdale , from vvhence the Earl of Lanerick , being struck vvith the newes of their late overthrovv , disbanding those men that he had rais'd , vvas fled . Montrose chose that quarter as lying most commodiously for his affaires in the South & West ; and marched to Glascow , vvhich is the principall city of that Countrey . Hee receiv'd the Tovvn into his protection , and entring into it vvith the joyfull acclamations of the people , first of all he restained his souldiers from plunder , and then being severe against the delinquents , for the terrour of others , he put some of the chiefest incendiaries of them to death . After that in favour of the Citizens , the next day after he came , hee departed the Tovvn and quartered at Bothwell . Where because it was but six miles from the City , lest the Citizens should bee prejudiced by the insolence of the souldiers , he gave them leave to stand upon their guard , and defend the City vvith a garrison of the inhabitants . Hoping vvith such acts of clemency to engage not only the men of Glascow unto himself , but the inhabitants of other Cities also , by good offices more then by force and armes . At Bothwell he staid many dayes , where he received the personall addresses of some of the Nobility , and of others by their Trustees , Friends , and Messengers ; & settled the peace of Towns & Countries thereabouts , who all willingly submitted themselves . The chief of the inhabitants of those parts who came to welcome him , and offer their service were the Marquesse of Douglasse , a man of a most noble family , and chief of the Douglasses ; the Earls of Limmuck , Annandale , and Hertfield ; the Lord Barons of Seton , Drummond , Fleming , Maderty , Carnegy , and Ionston ; Hamilton of Orbeston ; Charter of Hempsfield , Toures of Innerleigh , ( a most deserving man , who afterwards lost his life gallantly in battell ) Stuart of Resyth ; Dalyell , a brother of the Earl of C●rnvvarth , Knights : and many more , whose names I can either not rightly call to mind , or else think fit to forbear at present , lest by giving them an unseasonable and thanklesse commendation now whiles they lie under intolerable tyranny , I should do them more harm then honour . After the victory of Kilsythe , no thought had higher place in Montrose's noble breast , then the enlargement of such prisoners as for no other fault but the sin of Loyalty had been most basely used , and still expected death , in the grievous and filthy gaole of Edinburgh . Therefore hee sends his nephew Napier with Col. Nathaniell Gordon and a commanded party of Horse to Edinburgh , to summon the City and receive it upon surrender , to set the prisoners at liberty , and to settle the Town in peace and loyalty ; but in case they stood out and refused to submit , to threaten them with fire and sword . They assoon as they came within four miles of the Town made a stand , ( and intended to come no nearer , unlesse they chanced to bee forced unto it by the obstinacy of the Citizens , ) as well that at that distance they might the more easily restrain the unrulinesse of the souldier , lest they should wrong the poor inhabitants , & in their fury reduce that cursed City which had been the cause & fomenter off all the Rebellion into ashes , which Montrose gave them especially in charge by all means to prevent ; as also to preserve the Army safe from the plague , which was hot in the City and places adjacent , and where of very many died every day . Assoon as ever the newes of their approach was brought unto the Town , they all began to tremble & despaire of their lives ; and to raise a cry as if the swords were already at their throats , or their houses in a flame . Not a few of them being pricked in their guilty consciences , freely & openly accus'd themselves for the most ungratefull , traiterous , sacrilegious , and perjured persons in the world , and unworthy of any mercy . Then applying themselves unto the prisoners they had , both calling unto them aftar off , and sending private messengers , they implored their assistance ; and besought them in compassion of the poore silly people vvere almost vvasted too vvith a great mortality , to pa●ifie the anger of the Conquerours whom they had most justly incensed : told them , all their hopes lay in them , and they vvere utterly undone vvithout their help . Protested moreover , that if they found mercy but that one time , they vvould redeem their former revolt vvith more religious fidelity and constant Allegeance ever after . The prisoners ( whom but the other day the basest of the people bitterly abused and reviled , cursing and bequeathing them to the gallowes and worse ) forgetting all injuries received , & more troubled with the sence then revenge of their sufferings ; first rendred hearty thanks to Almighty God who of his mercy shewed unto them that liberty and safety which they little expected ▪ & then turning unto their deadly enemies , bade them be of good cheare , for the most gracious King ( and his Lieutenant Montrose ) desired the safety and happinesse of his repenting Subjects , and not their extirpation and ruine . Therefore they advised them immediately to send some delegates to Montrose , humbly to beg his pardon ; for nothing could better appease the rage of a Conquerour then a speedy submission . For their parts they would not bee backward to mediate with him for their safety , and doubted not but his high and noble spirit which could not be vanquished with their armes , would yet suffer it self to bee overcome with the prayers and lamentations of men in misery . The Edinburgians being conforted with these hopes , and assisted with this good advice , immediately call a Hall to consult of sending delegates . There were among the prisoners of those that were most high in birth , and favour with Montrose , Lodowick , Earl of Crawford , Chief of the most ancient and noble family of the Lindseys , a man famous for Military service in forraign Nations , amongst the Swedes , Imperialists and Spaniards . This man by the power and cunning of his Cosen the Earl of Lindsey ( who because hee was greedy of the honour and title of the Earl of Crawford , was greedy also of his life ) was designed by the Covenanters to be put to death . Nor was it for any other crime but for being a Souldier , and an expert man , & one that had done faithfull service for his Master the King , and it was feared hee would doe so againe if hee should be suffered to live . There was also Iames Lord Ogleby , son to the Earl of Airley , one singularly beloved by Montrose , who was formidable both for his fathers and his own vertue and authority . Hee also being an enemy to Argyle , both upon old fewds and some freshe● wrongs , was just as deep in sin and danger as Cravvford . These therefore the Common Counsell of Edinburgh chose out of the rest of the prisoners , and immediately setting them at liberty , they earnestly pray and beseech them to assist their Delegates to the uttermost of the power they had with the Lord Governour , and to labour to hold his hands off that miserable City , upon which the hand of God himself lay so heavy already . And they curse themselves & theyr posterity to the pit of hell , if they should ever prove unmindful of so great a favour or unthankfull to them that did it . They were not backward to undertake a busines which was so universally désired , but taking the Delegates along with thē went forth to Napier . He having by the way delivered his dear father , his wife , his brother-in-law Sir Sterling Keer , and his sisters out of the prison at Limnuch , whither the Covenanters had removed them from Edinburgh Castle , marched backe unto his uncle with his Forces , and those prisoners now at liberty , & the Delegates of the City , as having done his businesse . Montrose embracing Crawford and Ogleby , his dearest friends whom he had long longed for , and rejoycing to see them safe and sound , useth them with all honour and accommodation after their long restraint ; and they on the other side magnified their deliverer and avenger with high praises and thanks , ( as became them to do , ) on both sides affording a spectacle of great joy to the beholders . Afterwards the Delegates of Edinburgh were admitted to audience , and delivered their Message from the Provost and City . The summe was , They would freely surrender the Town unto the Governor , humbly desired his pardon , promised to be more dutifull and loyall for the time to come ; committed themselves and all that they had to his patronage and protection , for which they earnestly besought him . Moreover they undertooke forthwith to set the rest of the prisoners at liberty according to his appointment , and to doe any thing else that he should enjoyne them . And although the City was so wasted with a grievous contagion that no men could be raised out of it , yet they were ready as far as their share came , to pay contribution to such as should be raised in other places . And above all things they humbly begged at his hands , that hee would labour to mitigate the anger of their most gracious Lord the King , that hee might not be too severe with that City , which by the cunning , authority , and example of a seditious and prevailing party had been engaged in Rebellion . Montrose bade them be confidens of the rest , and required no more at their hands then to bee hereafter more observant of their loyalty to the King , and faithfully to renounce all correspondence with the Rebells in armes against him , either vvithout or vvithin the Kingdome ; To restore the Castle of Edinburgh ( vvhich it vvas evident vvas in their Custody at that time ) unto the King , and his officers . Lastly , assoon as the Delegates came home , to set the prisoners at liberty and send them to him . And truly as for the prisoners they sent them away upon their return : but as to other Articles they were perfidious , and perjured ; and if they doe not repent must one day give an account unto God the assertor of truth and justice for their high ingratitude , and reiterated disloyalty . Whiles these things passed concerning Edinburgh , Montrose sent away Alexander Mac-donell ( to whom hee joyned Iohn Drummond of Bail , a stout Gentleman ) into the Western coasts to allay the tumults there , and to spoile the designes of Cassils and Eglington . But they receiving the alarme of Mac-donells approach were immediately disperst in a great fright . Some of the Earls and other Nobles made straight into Ireland , others plaid least in sight in I know not what lurking places . All the Western Countries , the Town of Aire , Irvvin and others strove which should first submit , freely offering their fidelity and service . Neither ( which was more then hee expected ) did Montrose ever finde men better affected to the King then in those Western parts : For most of the Gentry , Knights , and Chiefs of Families , and some also of the prime Nobility came off chearfully to his side . Whose names , which otherwise ought to have been registred with honour , at the present I shal passe by ( if not in an acceptable perhaps , yet certainly in an advantageous silence , ) for I should be loath so honest and loyall soules should be questioned by their cruell enemies , for their good affections , upon my information . CHAP. XV. MOntrose had now taken into his thoughts the setling of the South-borders , and send unto the Earls of Hume , Rosburough , and Trequaire , to invite them to associate with him for matter of Peace and War , and all things that were to be done in the name and by the authority of the King. These were not only the powerfullest men in those parts by reason of the multitude of their friends and their great retinue , but also made as though they were most cordiall assertors of the Kings authority . For besides the bond of Allegeance , which was common to them with others , they were engaged unto him by extraordinary benefits . Nor were they only advanced unto great Honours by him , as being raised from the order of Knighthood to a high pitch of Nobility ; but were made Governours of the most gainfull Countries , and by that means being enriched above their equalls and their own condition , heaped up wealth indeed unto themselves , but envy and hatred upon the King. They againe dispatch some of their friends of the best quality to assure him , That they were ready to undergoe any hazard under his conduct and command in the behalf of their most bountifull King , They promise moreover to raise a world of men , and nothing hindred their coming up unto the Camp , if he would but be pleased to draw that way with never so small a party of his forces . And so it would come to passe , that not onely their friends and clients , but the whole Country being animated with his presence and authority , would cheerfully take up armes as one man ; and if they stood out they might be compelled , or a course taken with them . Therefore they earnestly besought him to afford them his assistance in this , and in all the rest he should finde them his most faithfull and ready servants . These were fair words , and a first hearing seem'd to carry an honest meaning along with them ; but were promised with that kind of faith that the Creatures and Favourites of the too indulgent King are used to keep . And perhaps upon that score he Earl of Lanerick ( Duke Hamiltons brother ) is more to be commended , whom Montrose having earnestly sollicited by friends to come off to the Kings side , although that way he might very likely expect his pardon for what was past , and the releasement of his brother , yet without any dissimulation he gave this peremptory answer , That he would have nothing te doe with that side , and that he would never pretend that friendship which he intended not to preserve . And I would to God all they on whom the good King has too much relied , had delivered themselves with the same candor and plain dealing ever since the beginning of those troubles . About the same time Montrose sent the Marquess of Douglasse , and the Lord Ogilby over into Anandale and Niddisdale , that there with the assistance of the Earls of Anandale and Hartfield , they might list a many souldiers , Horse especially , as they could . And gives them orders withall to march with such as they should so raised towards Trequaire , Roxborough , and Hume ; that they might engage them without any further put offs in an association with them . For Montrose understood a little what Court-holy-water meant , and therefore was something suspitious of the delayes which they fram'd , the rather having had some experience of their cunning and slipperinesse , especially of Trequaires . And truly Douglasse by the chearfull endeavours of the Earls of Anandale and Hartfield , had quickly raised a considerable party , if one count them by the head ; but they were new men , taken from their plowes and flocks , and but raw soldiers : forward enough at the first charge , but by and by their hearts faile them , and they can by no means be kept to their colours . When Douglasse and the rest of the Commanders considered this , they write againe and againe to Montrose , that he would make haste after them with his old souldiers towards Tweed ▪ for by his presence and authority , and the company and example of the old souldiers , they might be brought either willingly , or whether they would or no to know their duties . In the meane time according to his command they go on to Strathgale , freely offering an opportunity and their service ( if it needed ) to Roxborough and Trequaire , to draw out their men the more easily and timely . But they ( good men ) who well enough understood the secretest counsels of the Covenanters , and knew that all their Horse would be there immediately out of England under the command of David Lesley , intended nothing more then to over-reach the King with their old tricks , and to deliver Montrose ( whose glory they envied ) into the hands of his enemies , though not by armes ( for that they could not ) yet by treachery . To that end they insinuate againe and againe not only unto Douglasse and his party , but to Montrose himself by their friends and frequent messengers , that for their parts they were ready to expose their persons to the utmost hazard , but they could never be able to draw together their friends , clients , and Trained bands , except they were animated and couraged with Montrose his presence . And that they might be the better beleeved , they curse themselves to the pit of hell if they did not stand stifly and unalterably to their promise . Montrose notwithstanding was not taken with all this , but staid still at Bothvvell , conceiving that if there were any truth or honesty in their words , Douglasse and his party who still lay in the Country adjacent , would be sufficient for the raising and encouraging of their friends and dependents . At length when Montrose had quartered a great while at Bothvvell , most of the Highlanders being loaden with spoile ran privily away from their colours and returned home . Presently after their very Commanders desired Furloghs for a little while , pretending that the enemy had not an Army in the field within the borders of that Kingdom , and therefore their service for the present might well be spared ; besides they complained that their houses and corn , in and with which their parents , wives children were to be sustained that winter , were fired by the enemy , and no provision made for them , so that they humbly desired to be excused for a few weeks , in which they might take care to secure their families from hunger and cold . Also they solemnly and voluntarily engaged their words , that they would return many more then they went , and much refreshed , within forty dayes . These Montrose , seeing he could not hold them , as being Voluntiers & fighting without pay , that he might the more engage them , thought fit to dismisse them not only with Licences but Commissions . And giving publick commendations to the souldiers , and thanks in his Majesties name to the Commanders , exhorting them to follow their businesse closely & vigorously , he appoints Alexander Mac-donell their Countriman and Kinsman ( who was but too ambitious of that employment ) to be their companion and guide , who should bring them back to the Camp by the day appointed . Who in a set speech gave thanks in all their names to the Lord Governour for his so noble favour ; and as if he had been their Baile or surety , with a solemne oath ondertook for their sudden return : yet hee never saw Montrose after . Nor was he contended to carry away with him the whole Forces of the Highlanders , ( who were more then three thousand stout mē ) but he privily drew away sixscore of the best Irish , as if ( forsooth ) he had pick't thē out for his Live guard . About this very time many messengers came severall wayes to Bothwell from the King at Oxford . Amongst whom one was Andrevv Sandiland , a Scotch-man , but bred in England , & entred into holy Orders there , a very upright man , faithfull to the King , and much respected by Montrose , who continued constantly with him unto the end of the War. Another was Sir Robert Spotswood , once the most deserving President of the highest Court in Scotland , and now his Majesties Secretary for that Kingdome ; who passed from Oxford through Wales into Anglesey , and thence getting a passage into Loghaber came into Athole , and was conducted by the men of Athole unto Montrose . Almost all the Agents that came brought this Instruction amongst the rest , That it was his Majesties pleasure , that hee should joyne unto himself the Earls of Roxbourogh and Trequaire , and consider in their advice and endeavours ; of whose fidelity and industry no question vvas to be made . Moreover , that he should make haste towards the Tweed , vvhere hee should meet a party of Horse vvhich the King vvould instantly dispatch out of England to bee commanded by him , with vvhom hee might safely give battell to David Lesly , if ( as vvas suspected ) he marched that way with the Covenanters Horse . All this the respective bearers unanimously delivered , and his most excellent Majesty being over-credulous signified by his Expresses . And Montrose being now over born with the Kings absolute Commands , takes up his resolution to march to the side of Tweed . But the day before he went , the souldiers being drawn up to a Rendezvouz , ( before that Mac-donell and the Highlanders were gone ) Sir Robert Spotswood making an humble obeysance , under the Kings Standard , delivered his Majesties Commission under the Grea● Seal unto Montrose , which he again gave unto Archi●bald Primrose Clerk of the Supreme Counsell to be read aloud . That being ended in a short but stately Oration , he commended the Valour and Loyalty of the Souldiers , and the great affection he bore them . And for Mac-donell , he not only extoll'd his gallantry in the head of the Army , but by virtue of that authority that he had received from the King gave him the honour of Knighthood . For not only Montrose but all the Kings friends were confident of the integrity of the man ; whose good opinion he deceiv'd , not only to the undoing of the Kings Cause , but the utter ruine of himself and his friends . Montrose following his intended journey , came the second night to Ca●der Castle ; at which time the Earl of Aboine ( whether the Lord Governour would or no ) carried away with him not only his own men but all the rest of the Northern Forces , whom he had i●veighled to desert the service . Nor would he be perswaded either by reason or the intreaty of his friends ( who heartly detested that shamefull act ) to stay but so much as one week , and then he might depart not only with the Generals license , but with honour , and the good esteem of honest men . Seeing it would be no better ; Montrose passing by Edinburgh , led his small Army through Lothainshire , & in Strathgale joyned with Douglasse and the other Commanders , whose Forces being much diminished , were daily mouldring more & more . In that coast Trequair himself came unto him , more chearfull and merry then he used to be ; who pretended himself to be a most faithfull servant not only to his Majesty but also to Montrose , and the next day sent him his son the Lord Linton with a gallant party of Horse , as if they were to be under his command , that by so likely a pledge he might make Montrose more secure , and so more easily ruine him . For this was not the first time that Trequaire plaid the Covenanters Scout-master : that ungratefullest piece of mankind intending to betray unto thē Montrose , & in him the King himself . Now when he was not above twelve miles from the Lord Hume and Roxborough , and they sent not so much as a Messenger to him , nor offered him the smallest courtesie , Montrose being much troubled at it , resolved to march into their Territories , and to bring them in either by faire means or foule . But they prevented him by a singular device ; They sent unto David Lesley whom they well knew by that time was come to Berwicke with all the Scotch Horse , and many English Voluntiers ( for they were privy to all their counsells ) and entreated him to send a party and carry them away in the condition of prisoners ; which he did the day before Montrose came thither . For by this means that crafty old fox Roxborough ( who had Hume under his girdle ) conceiv'd that they might both ingratiate thēselves with the Covenanters , as freely committing themselves into their protection , & yet keep in the Kings favour whiles they made as if they fell into Lesley's hands , sore against their wills . And this being Lesley's first noble exploit , he passed over Tweed & marched into the East-side of Lothian . Montrose assoon as he perceived the King and himself betrai'd by these men , and saw no hopes of that party of Horse which was come from the King , and that the too powerfull enemy would block up his passage into the North and Highlands , resolved to march with those few men he had into Niddisdale and Annandale , and the Countrey of Ayre , that he might there raise what Horse he could , for although hee had no certain intelligence concerning the strength of the enemy , yet hee conjectured that it consisted especially in Horse . CHAP. XVI . MOntrose arising from Kelsow marched to Iedburgh , and so to Selkirk ; where he quartered his Horse in a Village , and his Foot in a wood close by . For he was resolved to make sure of all advantages of ground , lest hee should be forced to fight with an enemy of vvhose strength he knevv nothing upon uneven termes . Then he commands the Captains of Horse to set out good store of faithfull and active Scouts , and to place Horse-guards in convenient places on every side , and look vvell to their vvatch . All vvhich he in person ( as he used to do ) could not see done at present , because that night he was dispatching letters to the King , & to send away a trusty messenger that he had light upon , before break of day : therefore he was earnest with them to have the more care , lest the enemy who were very strong in Horse should surprise them unawares . And the Commanders promising all care and diligence , he was so taken up with writing of Letters that hee slept not all that night . And sending ever and anon to the Captains of Guards ( men that were skilfull Souldiers , and so known to be in forraign Countries ) such uncertain noises as were brought unto him of the enemies approach , they being deceiv'd either by the negligence of their Scouts or their own misfortune , very confidently sent him back word there was no enemy in those parts nor in the Country thereabouts . At the break of day some of the best Horse , and most acquainted with the Country were sent out again to Scout ; they also brought word they had been ten miles about , and diligently examined all by-wayes , and rashly wisht damnation to themselves if they could finde an enemy in armes within ten miles . But afterward it appeared when it was too late , that the enemy with all their Forces were then scarce four miles from Selkirk , and had lien there all that night in their arms . Lesley that day that Montrose departed from Iedburgh , mustered his men upon Gladesmore a plain in Lothianshire ; were holding a Counsell of War with the chief of the Covenanters , the refult was that he should march to Edinburgh , & so to the Forth , that hee might hinder Montrose's retreat into the North , and force him to fight whether he would or no before he joyned with his Highlanders . But Lesley contrary to that resolution , gives order on a sudden to his whole Forces to wheel to the left hand , and to march away apace ; every one wondering that knew not the mistery of the businesse ; what should be the meaning of that change of his resolution , and his intention in that sudden expedition , for they marched streight to Strathgale . But the matter was , ( as they afterward gathered from the enemies themselves ) hee had received letters by which he had perfect notice that Montrose being attended only with five hundred Foot , and those Irish , and a very weak party of new-rais'd Horse , might very easily be surprised on the borders of Tweed , if Lesly would make use of that opportunity was offered him to doe his businesse . Therefore Lesley upon this intelligence made haste thither , and ( as I said ) lodg'd within four miles of Selkirk . That Trequaire sent those letters unto Lesley , although it was the generall report , I cannot certainly affirm ; but it cannot be denied that that same night he sent his Commands to his son the Lord Linton that he should immediately withdraw himself from the Royall party , which with much jollity he did . This was like themselves , being the ungratefullest of all men , deserting their King of whom none had better deserved , and staining their posterity . And truly that morning being very misty gave no small advantage to the treachery of the enemy ; whom at last Montroses frighted Scouts discover'd to march towards him in a full body at such time as they were not above half a mile off . Montrose mounting the first Horse he could light on , gallops into the field appointed for the Rendezvouz that morning ; where he finds a great deal of noise , but no order . The Cavalry being little acquainted with their duty , & lying already disperst in their quarters , where they dream't more of baiting their horses then maintaining their lives and honours , upon the first alarme which they received from the enemies Trumpet , ran disorderly up and down they knew not whither , but never came in the fight . Yet there were a few , and those were for the most part Noblemen or Knights , who made all speed thither and gallantly undertook to make good the right wing : and they were not above sixscore in all . Nor did the Foot who ( were about five hundred ) make agood appearance , for many of them looking about their private businesses among the Carriages , by that unseasonable care of saving , lost themselves and all they had . And , which spoiled the matter which was bad enough before , most of the Commanders were absent & never came in the field . Besides , the enemy coming on so speedily left them no time for deliberation . The enemy therefore who were six thousand ( whereof most were Horse out of England ) furiously charging Montrose's right wing were twice gallantly received and repulsed with no small losse . Nor could they make that noble Troop give any ground , or break through it , untill at last laying along those few Foot that withstood them , they broke in upon the left flank vvhere there vvas no Horse . By this , tvvo thousand Horse whom the enemy had sent over to the other side of the river vvere gotten on the Rear of those noble Gentlemen , who , lest being hemb'd in on every side , & gall'd with the enemies shot at distance , they should fal for nothing and unreveng'd , withdrew themselves every one the best way he could . But the Foot who could have little security by flight , fighting a good while stoutly & resolutely , at last upon quarter ask't and given for their lives , threw down their armes and yeelded themselves prisoners . Every one of whom being naked and unarm'd , without any regard to quarter given , Lesley caused to be most unhumanely butcher'd . The staine of which perfidious cruelty ( by which he hath so filthily blurr'd his hononr , if any he got in forraign service ) he shal never be able to wipe away . As for those that escaped out of the battell the enemy pursued them no further , being busie in plundering the Carriages , where they made a lamentable slaughter of Women , Pedees , and Cook-boyes : no pity vvas shovvn to sex nor age , they vvent to the pot altogether . The number of the slain is not easie to be given , almost no Horse , and very fevv Foot ( besides those that yeelded themselves and had quarter ) fell in that battell : vvhich may appear by this , that they vvere no more then five hundred in all , & before the next day tvvo hundred and fifty of them came safe to Montrose , of all them vvith their svvords by their sides , so that there could not be as many more missing : and very fevv vvere taken prisoners , and not untill their horses being tired , and themselves ignorant of the vvay , they became a prey to the country people . Whom they , forgetting all the benefits & protection they had but nevvly received from Montrose , to do the Covenanters a favour , delivered up unto their cruell enemies , to be made by them acceptable sacrifices to Baal-Berith , the god of the Covenant . For all that , the Rebell conquerours missed of the Kings Standards . The one of them ( vvhich vvas carried before the Foot ) vvas preserved by an Irish soldier , a stout man , & of a present spirit vvhen others vvere almost beside themselves ; vvho vvhen he savv that the enemy had got the day , stript it off the staffe and vvrapped it about his body : and being othervvise naked , made his vvay vvith his dravvn svvord through the thickest of the enemy , and brought it to Montrose at night . Whom he received into his Life-guard , and gave it him to carry in token of his valour and loyalty . And the other of them William Hie brother to the Earl of Kinoule , a hopefull young Gentleman ( vvho succeeded his uncle by the mothers side , Douglasse son to the Earl of Morton , vvho having receiv'd many and grievous vvounds at the battell of Alford , vvas rendred unable for that burden ) stript from off the staffe too , and carried it avvay vvith him . And conveighing himself into the borders of England , skulked there a vvhile till the coast was a little clearer about Tweed , and then through by-wayes and night journies for the most part , ( being accompanied & couducted by his faithfull friend Robert Toures , a stout man and a good souldier , who had been a Captain in France a good while ago ) returned into the North , and presented that same Royall Standard unto the Generall . And now at last Montrose when he saw his men totally routed and put to flight ( which he never savv before ) thought of nothing more for a good space then to die honourably , and not unrevenged ; therefore rallying about thirty Horse vvhom he had gathered up in that confusion , he resolved by fair and honourable death to prevent his falling alive into the enemies hands . And seeing he vvas not able to break through the enemies Troops ( vvho stood thick round about him ) he gall'd them on the Front , and Rear , and Flanks , and of such as vvere so hardy as to adventure out of their ranks , many he slevv , others he beat back . But vvhen all that he could do vvould not do his businesse , as God vvould have it this consideration possessed his resolute and noble spirit ; That the losse of that day was but small and easily regained , because but an inconsiderable part of his Forces were there . That the Highlanders were the very nerves and sinewes of the Kingdome , and all the North was sound and untouch't . That many of the prime Nobility and men of power , many Knights too and Chiefs of their Sep●s had entered into an association with him ; who if he should miscarry would be suddenly ruined or corrupted , and by that means the Kings party in Scotland utterly subdued . Therefore he thought himself bound never to despaire of a good Cause , and the rather lest the King his Master should apprehend the losse of Him to be greater then the losse of the battell . And vvhile these thoughts vvere in his head , by good hap came in the Marquesse Douglasse and Sir Iohn Dalyell , vvith some other friēds ( not many but fatihfull & gallant men ) vvho vvith tears in their eyes ( out of the abundance of their affection ) beseech , intreat , implore him for his former atchievements , for his friends sakes , for his Ancestors , for his sweet wife & childrens sakes , nay for his Kings , his Countries , and the Churches peace and safeties sake , that hee would look to the preservation of his person ; considering that all their hopes depended on him alone under God , and that their lives were so bound up with his , that they must all live or die together . At last Montrose overcom with their intreaties , charging through the enemy ( who vvere by this time more taken up vvith ransacking the Carriages then follovving the chase ) made his escape : of those that vvere so hardy as to pursue him , some hee slevv , others ( among vvhom vvas one Bruce a Captaine of Horse , and tvvo Cornets vvith their Standards ) he carried avvay prisoners . Whom he entertained courteously , and after a fevv dayes dismist them upon their Parole , that they should exchange as many Officers of his of the like quality , vvhich Parole they did not over-punctually perform . Montrose vvas gotten scarce three miles from Selkirk vvhen hee having overtaken a great number of his ovvn men that vvent that vvay , he made a pretty considerable party ; so that being novv secure from being fallen upon by the Country people , he march't avvay by leisure . And as he vvent by the Earl of Trequaires Castle ( by vvhose dishonesty he did not yet knovv that he had been betrai'd ) he sent one before him to call forth him and his son that he might speak vvith them ; but his servants bring vvord that they vvere both from home . Notwithstanding there are Gentlemen of credit that testifie , that they were both within ; nor did that gallant Courtier only bid the Rebells joy of their victory , but was not ashamed to tell abroad ( not without profuse and ill becoming laughter ) that Montrose & the Kings forces in Scotland vvere at last totally routed ; his ovvn daughter the Countesse of Queensborough , as far as modestly she might , blaming him for it . Montrose after he had made a halt a vvhile near a Tovvn called Peblis , untill the souldiers had refresh't themselves & vvere fit to march , many flocking to them from every side , at Sun-set they all stoutly entered the Town ; and by break of day next morning ( by the conduct of Sir Iohn Dalyell especially ) passed over Cluid at a ford . Where the Earls of Crawford and Airley having escaped another vvay met vvith him , making nothing of the losse of the battell assoon as they savv him out of danger . Nor vvas he lesse joyfull at the safety of his friends , then that he had sav'd & pick't up by the vvay almost two hundred Horse . But although hee vvas already secure enough from the pursuit of the enemy , neverthelesse he resolved to make vvhat haste hee could into Athole ; that taking his rise there , he might dravv vvhat forces he could raise of the Highlanders , & other friends into the North. Therefore passing first over the Forth , and then the Ern , having marched through the Sherifdome of Perth by the foot of the Mountains , he came thither . As he was on his vvay , he had sent before him Douglasse and Airley vvith a party of Horse into Angus , and the Lord Areskin into Marre , that they might speedily raise their friends and dependents in those parts ; and had also sent Sir Iohn Dalyell unto the Lord Carnegy ( with whom he had lately contracted affinity ) with Commissions to that purpose . Moreover he sent letters to Mac-donell , to require him according to his promise to return with the Highlanders by the day appointed . But above all he sollicited Aboine both by letters and speciall messengers , that he would bring back his friends and clients , who were willing enough of themselves , and wanted no other encouragement then his authority and example . CHAP. XVII . IT was towards the latter end of Harvest , nor was the corn reap't in that cold Country , nor their houses and cottages which the enemy had burnt repaired against the approaching winter ( which is for the most part very sharp thereabouts , ) which made the Athole-men to abate some thing of their wonted forwardnesse . Yet Montrose prevailed so far with them , that they furnished him with four hundred good Foot , to wait upon him into the North where there was lesse danger , and faithfully promised him upon his return , when he was to march Southward , hee should command the whole power of the Country . Mean time frequent expresses came from Aboine that hee would wait upon him immediately with his Forces ; and Mac-donell promised no lesse for himself and some other Highlanders . Areskin signified also unto him that his men vvere in a readinesse , and vvaited for nothing but either Aboines company ( vvho vvas not far off ) or Montrose's commands . About this time there vvere very hot but uncertain report of a strong party of Horse that vvere sent him from the King whom many conceived not to be far from the South-borders . But other nevves they had which was too certain , to wit , that there was a most cruell butchery of what prisoners the Rebells had , without any distinction of sex or age : some falling into the hands of the Country people , were basely murthered by them ; others who escap't them ( and found some pity in them that had so little ) being gathered together , were by order from the Rebell Lords throwne head-long from off a high bridge , and the men together with their wives and sucking children down'd in the river beneath ; and if any chanced to swim towards the side , they were beaten of with pikes and staves , and thrust down again into the water . The Noble men and Knights were kept up in nasty prisons to be exposed to the scorne of the vulgar , and certainly doom'd at last to lose their heads . Montrose was never so much troubled as at this sad newes . Therefore to the end he might some way relieve his distressed friends , being impatient of all delay , with wonderfull speed he climbes over Gransbaine , and passing through the plains of Marre and Strath-done , maketh unto the Lord of Aboine , that he might encourage him by his presence to make more hast into the South . For his design was , assoon as hee had joyned his forces with Areskins and Airleys , and sent for Mac-donell and other Highlanders , & taken up the Athole , men by the way , to march in a great body straight over the Forth , and so both to meet the Kings Horse , and to fright the enemy , upon their apprehension of an imminent danger to themselves , from putting the prisoners to death . For he conceived they durst not be so bold as to execute their malice upon men of Nobility and Eminency , as long as they had an enemy in the Field , and the victory was uncertaine . And truly , they being doubtfull and solicitous what might be the successe of so great warlike preparations they knew were in providing , did deferre the execution of the prisoners . Montrose upon his journey found the Lord Areskin very sick , but his clients ( whose fidelity and valour hee had had sundry experiences of , even in the absence of their Lord ) all in a readinesse if Aboine did but doe his part ; for they depended much upon his example and authority . And now the Marquesse of Huntley , after he had plaid least in sight for a year and some moneths , ( it is hard to say , whether awaken'd with the newes of so many victories obtain'd by Montrose , and the reducing of the Kingdome , or by the deceitfull influence of some bad starre ) was returned home . An unfortunate man & unadvised , who howsoever hee would seem most affectionate unto the Kings Cause ( & perhaps was so , ) yet he endeavoured by a close and dishonourable envy , rather to extenuate Montroses glory then to out-vie it . Which seeing it was not for his credit openly to professe even before his own men ( who were sufficient witnesses of Montrose's admirable virtues ) lest by that he should discover some symptomes of a heart alienated from the King ; yet he gave out , that for the time to come he would take upon himself the conduct of that War against the Rebells ; therefore he commanded his Tenants , and advised his friends and neighbours , scarce without threats , to fight under no command but his own . And when they replyed , What shall wee then answer to the Commands of the Marquesse of Montrose whom the King hath declared Generall Governour of the Kingdome , and Generall of the Army ? He made ansvver , That he himself would not be wanting to the Kings service ; but however it concerned much both his and their honour , that the King and all men should knovv vvhat assistance they had given him , which could not otherwise be done then by serving in a body by thē selves . Moreover he fell to magnifie his own povver , and to undervalue Montrose's , to extoll unto the skies the noble Acts of his Ancestors , ( men indeed vvorthy of all honour , ) to tell them , That the Gordons power had been formidable to their neighbours for many Ages by gone , and was so yet ; That it was most unjust that the atchievements gotten with their bloud and prowesse , should be accounted upon another mans ( meaning Montrose's ) score : but for the future he would take a course , that neither the King should be defrauded of the service of the Gordons , nor the Gordons of their deserved honour , favour , and reward . All these things the simpler sort tooke to bee spoken upon all the grounds of equity & honour in the world ; but as many as were understanding men , and knew better the disposition of the person , saw through those expressions a minde too rancorous & altogether indispos'd towards Montrose , and that his aime was to fetch off as many as he could from him , not only to the utter ruine of the King and Kingdome , but even to his own destruction : which ( God knowes ) the sad event made too manifest . Nor were there wanting amongst them desperate men and of good fore-sight , who condemned this counsell of his as unwise , unseasonable , and pernicious even to himself . For they considered with themselves that he never had any designe that did not miscarry either by bad play or bad luck . That businesses were better carried by Montrose , and it was ill to make a faction● upon the poore pretence of his carrying away the honour of it . For if Huntley joyned his Forces , and communicated his counsels unto Montrose , he should not be onely able to defend himself , but subdue his enemies , and gaine unto himself the everlasting honour of being one of the Kings Champions ; but if he should make a breach in that manner , it would prove not onely dishonourable but destructive to him . That Montrose ( it could not be denyed ) had got many and eminent victories with the assistance of the Huntleys , but they had done nothing of note without him . Therefore they earnestly desired him , constantly to adhere unto the Kings Lieutenant , which as it would be both acceptable and advantageous to the King , so it would be well taken with good men , and honourable to himself . Nor did some of them fear to professe openly , that they would yeeld their duty and service to Montrose , if Huntley should stand out in his humour ; and they were as good as their words . But he refusing the advice of his friends resolved what ever came on 't to run counter too Montrose ; nor did Montrose ever propose any thing though never so just , or honourable , or advantageous , which he would not crosse or reject . And if at any time Montrose condescended to his opinion ▪ ( which he did often & of purpose ) he would presently change his minde ; seeming to comply with him sometimes before his face , but alwayes averse unto him behinde his backe , and indeed scarce wel agreeing with his own self . For all this , Aboine being at that time solicited by many expresses from Montrose , and the importunity of his own friends ( that he might be some way as good as his word ) met him with a considerable party at Druminore , a Castle of the Lord Forbeses . He brought with him fifteen hundred Foot and three hundred Horse , all chearfull and ready to undergoe any hazard under the command of Montrose . And truly assoon as ever they met , Aboine freely protested hee would carry those men that hee had whithersoever the Lord Governour should lead him ; but there were many more behinde ( which for his scantnesse of time he had not got together ( which his brother Lewis would bring after him . Montrose extolling highly his fidelity and pains , turned back again almost the same way he came ; that taking up the Lord Areskins , and the Marre Forces by the way , and climbing over Gransbaine , hee might fall dovvn into Athole and Angus , not doubting vvithin a fortnight to be able to passe over the Forth with a great Army . The first dayes journey Aboine and his men marched with a good will , but the next night his brother Lewis ( whom Montrose had placed under the command of the Earl of Crawford ) conveighed himself homewards with a strong party of Horse , making as if he meant to encounter some Troops of the Enemy , and carried along with him as many Souldiers as he could get upon pretence of a guard . Crawford returning brought word that Lewis was gone home , but would be back again next day , for so he had made him beleeve though he intended nothing lesse then to come back ; ( A youth liable to sensure for more feats then that . ) But when upon the third day they came to Alford , it was observed that Aboines men were slow to stand to their colours , that they loytered in their march , that their ranks were thin and disorder'd and that they ran away by whole Companies almost every night : and at last their Commander Aboine himself was not ashamed to disire to be excused , and to have leave to depart . When all men wondred , and desired to know what might be the reason of that sudden alteration of his resolution , he pleaded his fathers Commands , which he was obliged in no case to disobey ; and that his father had not sent him such directions without just occasion : for the Enemies Forces lay in lower Marre , and would be presently upon their backs , if they were deprived of the protection of their own men : and that it was unexcusable folly for him to carry his men another way when his own Country was in so much danger . Montrose reply'd , That it was most certaine that onely a few Troops of Horse kept within Aberdene , that they had no Footat at all , & those few Horse now durst nor could doe the Country any harme ; and there was no doubt but upon the first Alarme of his Aproach , their Commanders would sen● for those also to secure the Low-lands . Besides , that it would be much more to the Marquesse of Huntleys advantage , if the seat of warre were removed into the Enemie● Country then be kept up in his own : and vpon that score the●● was more need to make haste into the South , that they might save the North for the burden of the Armies ? He added moreover , That he daily expected aids out of England , which could by no means joyne with them except they me● them on the South-side of the Forth . And at last with much resentment he represented unto him , the condition of the prisoners ( who were many of them Huntley's own kindred , allyes , or friends ) who would all be únhumanely murthered except they timely prevented it . To all this when Aboine had nothing to answer , he desired his Father might be acquainted with the whole matter , and 't was granted . Such were made choise of to treat with Huntley as were conceived to be highest in his favou● , to wit , Donald Lord Rese , in whose Country he had ●ojourned , and Alexander Irwin the younger of Drumme , who had but the other day married Huntleys daughter : and both of them were also much obliged to Montrose for their newly recovered liberties . Rese being ashamed of receiving the repulse had not the confidence to return ; and Irwin ( a noble young Gentleman , and a stout , who stuck to Montrose to th● last ) brought no answer but his father-in-lawes ambiguous Letters of which no hold could be taken ▪ Being desired to deliver what he conceived his fathe● in lavves resolution vvas ; he professed ingenuously he knevv not vvhat to make of him , he could get no certain ansvver , but doubted he vvas obstinate in his fond conceit . Aboine , first declaring hovv sore against his vvill it vvas to part vvith Montrose , urged hovv necessary it vvas for him to please his dear father , vvho vvas sickly too : and therefore more earnestly desired the Lord Governour to dispence vvith him for a fevv dayes till he could pacifie his father ; & made an absolute promise , that within a fornight he vvould follow him with much stronger forces . And whē he had oftē and freely engaged his honour to do as he said , he extorted with much adoe a Furlogh from Montrose sore against his stomach , to be absent for the time aforesaid . Aboine being returned home , Montrose marched over the planes of Marre & Scharschioch & came down into Athole : and thence ( having a little increased his Army ) into the Sherifdome of Perth , where receiving an expresse out of the North he is put into new hopes , Aboine having sent him word he would be with him with his men before the day appointed . At the same time came unto him by severall wayes Captain Thomas Ogleby of Pourie the younger , and Captain Robert Nesbit , both of them sent unto him from his Majesty with Commands , that if he could possibly , he should make all speed towards the Borders to meet the Lord George Digby son to the Earl of Bristoll , who was sent unto him with a party of Horse . The same bearers Montrose dispatcheth to Huntley and Aboine , to communicate unto them those Instructions from the King , hoping by that means , that being quickened with his Majesties authority , and the approach of aid , they would make more haste with their forces , in the vain expectation of whom he had trifled away too much time in Strath-Erne . About this time the Lord Napier of Marchiston departed this life in Athole ; a man of a most innocent life and happy parts ; a truly noble Gentleman , and Chief of an ancient family ; one who equalled his father & grandfather Napiers ( Philosophers and Mathematicians famous through all the world ) in other things , but far exceeded them in his dexterity in civill businesse ; a man as fatihfull and as highly esteemed by King Iames and King Charles : sometime he was Lord Treasurer , and was deservedly advanced into the rank of the higher Nobility ; and since these times had expressed so much loyalty and love to the King , that he was a large partaker of the rewards which Rebells bestow upon vertue often imprisonment , sequestration , and plunder . This man Montrose when he was a boy look'd upon as a most tender father , when he vvas a youth as a most ●age admoniter , when he was a man as a most faithfull friend , and now that he died was no otherwise affected withhis death then as if it had been his fathers . Whose most elaborate discourses Of the Right of Kings , and Of the Originall of the turmoiles in Great Britaine , I heartily wish may sometime come to light . CHAP. XVIII . MOntrose when he had waited for Aboine with his forces out of the North now three weeks , either on his march or in Strath-Erne ; and perceived that the R●bels began to grow more outrageous towards the prisoners being impatient of further delay crosseth over the Forth , and came into Leven : & he encamped upon the land of Sir Iohn Buchanan the Ringleader of the Covenanters in those parts , expecting that by that meanes , lying so near Glascow , he might fright the Rebells ( who then kept a Convention of Estates there ) from the murther of the prisoners . To which end facing the City every day with his Horse , he wasted the enemies Country without any resistances although at that time for the guard of the Estates and City they had three thousand Horse in their quarters , and he not full three hundred , & twelve hundred Foot. Notwithstanding before his coming down into Leven , the Covenanters assoon as they understood that Huntley & Montrose agreed not , and that Aboine and his men had deserted him in upper Marre , as a prologue to the ensuing Tragedy , had beheaded three stout and gallant Gentlemen . The first was Sir William Rollock , one of whom we have had often occasion to make hononrable mention ; a valiant & expert man , dear unto Montrose from a childe , and faithfull unto him to his last breath . The chief of his crimes was that he would not pollute his hands with a most abominable murder . For being sent from Montrose with an expresse to the King afte● the battell of Aberdene , he was taken prisoner by the Enemy , & was condemned unto death , which he had not escaped except for fear of death he had harkened nto Arg●yle , ( who most unworthily set a price upo● Montroses head , and promised great rewards , honours , and preferments to whomsoever should bring it in ) and had taken upon himself to commit that treason which he abhorred with all his soule . By which shift having his life & liberty givē him , he returned straight to Montrose , and discovered all unto him , beseeching him to be more carefull of himself , for not he onely ( vvho heartily detested so high a villany ) but many more , had been offered great matters , most of whom would use their best endeavours to dispatch him . The next was Alexander Ogleby , of whom we also spake before , eldest son to Sir Iohn Ogleby of Innercarit , descended of an ancient family , and much renowned in the Scottish Chronicles . He was but yet a youth ( scarce twenty , ) but valiant above his age , and of a present and daring spirit . Nor can I hear or so much as conjecture what they had to lay to his charge , but that new and unheard of Treason , to wit , his bounded duty and loyalty to his King. But there vvas no help for 't but Arg●yle must needs sacrifice that hopeful youth if it had been for nothing but his names sake , for he bare an implacable fewd to the Oglebyes . The third vvas Sir Philip Nesbit , of an ancient family also , and Chief of it next his Father ; who had done honourable service in the Kings Army in England , and had the command of a Regiment there . Nor can I discover any reason they had to put him to death neither , ( besides that which is used when they have nothing else to say , that mad charge of the new high Treason , except it was that their guilty consciences suggested unto them that that courageous and viglant man might take occasion sometime hereafter to be even with thē for the horrid injuries they had done his Father & his Family . However these men suffer'd a noble death with patience and constancy , as became honest men and good Christians . And unto these there are two brave Irish Gentlemen that deserve to be joyned , Colonell O-Cahen & Colonel Laghlin , odious unto the Rebels only for this impardonable crime , that they had had many experiments of their courage and gallantry . These Irish Gentlemen were murthered indeed at Edinburgh , but many more were doom'd to the like executiō at Glascow had not Mōtroses unexpected approach within a few miles of the City had so much influence that it repriev'd them till another time . The Lord Governour was very much perplexed with the newes of these mens death , & it was a question whether he was more vex't at the cruel●y of the Rebells , or the negligēce if not treachety of his friends . For besides Huntley , whose Forces he had so long in vaine expected to come with his son Aboine , Mac-donell also himself ( of whō he entertained an exceeding good opinion ) being oftē sent unto , & invited also by the nearnesse of the place , although the time appointed by himself was already past & gone , made no appearance of his approach . Six weeks had now passed since Aboine had engaged himself for the Northern Forces & the winter ( then which our age never saw sharper ) was already deeply entred . Besides the aids that the King had sent under the commād of the Lord Dig●y were defeated : al which might easily have been salv'd , and the Kingdome reduced againe , if those great Professors of loyalty had not plaid loose in that good Cause . Therefore at last on the 20. of November , Montrose departing from Levin , and passing over the Mountains of Taich , now covered with deep snow , through woods and bogges whose names I do not at this time well remember , crossing also through Strath-Erne & over the Tay , returned into Athole . There he met Captain Ogleby and Captain Nesbit , whom he had formerly sent with the Kings instructions unto Huntley . And they bring word the man was obstinate and inflexible , who would beleeve nothing that they said ; & when they unfolded unto him the Kings Commands answered scornfully . That he understood all the Kings businesse better then they or the Gouvernour himself ; and neither he nor any of his Children should have any thing to doe with him . Moreover he sharply & threatningly reproved his friends & clients , who had willingly assisted Montrose , and dealt worse with them then with Rebells . Neverthelesse the Lord Governour thought best to take no notice of any of these things , but bear with them ; & whiles he treats with the Athole men for the setling of the Militia of that Countrey , he sends again unto Huntley by Sir Iohn Dalyell , as a more fit mediator of friendship . Who was To informe him of the danger the King and Kingdome was in , and so of the present misery that hung over his & all faithfull Subjects heads ; and to make it appear unto him that it was no ones but his and his sons fault , both that they had not brought in the supplies into Scotland which the King had sent , and that the prisoners , who were gallant and faithfull men , had been so cruelly butchered ; and that yet there were many more remaining that had near relations to Huntley himself & some also of the prime Nobility , whom the Rebels would cut of after the same fashion unlesse they were now at last relieved . And lastly , to pray and beseech him that at least he would grant the Kings Governor the favour of a friendly conference , promising he would give him abundant satisfaction . Huntley although he answered Dalyel in all things according to his wonted peevishnesse , yet he was most of all averse to a Conference ; as fearing ( seeing he should have nothing to answer to his arguments and reasons ) the presence , the confidence , and the wisdome of so excellent a man. But Montrose , assoon as things were setled in Athole , that he might leave nothing unattempted that might possibly bring him to better thoughts ; resolved , dissembling all injuries , and obliging him by all good offices , to surprise him , and be friends with him whether he would or no ; and to treat with him concerning all things that concern'd his Majesties service . Therefore in the moneth of December he forced his way very hardly through rivers and brooks , that were frozen indeed , but not so hard as to bear mens waight , over the tops of hills and craggy rocks , in a deep snow ; and passing through Angus and over Gransbaine , drew his Forces into the North : and almost before he was discover'd marched with a few men into Strathbogy , where Huntley then liv'd . But he being struck with his unexpected approach , upon the first newes he heard of him , lest he should be forced to a Conference against his will , immediately fled to Bogie , a Castle of his situated upon the mouth of the Spey ; as if he intended to ferry over the river and to wage war against the Rebelles in Murray . And now it comes into my minde briefly to enquire what night be the reason why Huntley bore such a spleen against Mōtrose , who had never givē him any distaste , but had obliged him with courtesies many times undeserved . Nor could I ever hear nor so much as guesse at any other cause but a weak and impotent ( emulatiō I cannot call it , but ) envy of his surpassing worth & honour . For I should be loath to say that his minde was ever alienated from the King , but onely averse unto Montrose ; with the unjust hatred of whom he was so possest , that he precipitated himself into many unexcusable mistakes ; insomuch as he desired rather al things were lost then that Montrose should have the honour of saving them . And now being already● puffed up with an unbeseeming conceit of himself , he was the more exceedingly enraged against him upon the remembrance of those injuries and disgraces he had heretofore throwne upon him ; & that was the chief reason ( as I take it ) that he so often avoided the sight of him . For , besides what we have occasionally delivered , both the father and the sons had put neither few nor small affronts upon the Kings Vicegerent ; some few of which it will not be out of our way to relate . The great guns which we told you Montrose had hid in the ground the last year , they digging them up without his knowledge , carried away in a kinde of triumph , and disposed of them in their owne Castles as if they had been spoiles taken from the Enemy , and would not restore them upon demand . But those Montrose had got in the fights at Saint Iohan towne and at Aberdene ; in the former of which there was never a man present of that Family , and in the other Lewis Gordon and his men fought on the enemies side . Besides they so converted unto their own use the Gunpowder , and Arms , and other necessaries of War , which were gained from the enemy , and only deposited in their Castles as in safe and convenient store-houses , that they would never make any restitution of the least part of them when they were desired . Moreover Aboine upon his returne home after the victory of Kilfythe set at liberty the Earle of Keith Lord Marshall of Scotland , a●d the Lord Viscount Arbuthnot , & other men of quality of the Enemies side who were within his custody , without acquainting the Governour of the Kingdome , and his brother-in-law young Drumme ( who by chance was present ) earnestly declaring his dislike of it . Vpon what termes he did it , it is uncertain , but this is evident , that ( besides the affront done to the Lord Gouvernour , and the losse of Dunotter Castle , which was of great strength and concernment in that Warre , & other Military advantages they got by it ) the Rebells would never have had the boldnesse to fall so cruelly upon the Prisoners , if he had but kept them in safe custody . Yet more , by his own private authority , he exacted Tributes , and Customes , and Taxes , ( which the Governour himself had never done ) upon pretence indeed of maintaining the War , but in truth to far other uses , and to the grievous prejudice of the Kings cause . Last of all ( which is most to be lamented ) either at the intreaty of the enemy , or for smal sums of money , they had enlarged the prisonners that had been taken in the former Battells in the North , and committed to custody in their Castles . Nor would they permit them to Montroses disposall , though being prisoners of Warre he had reserved thē for that only purpose , by exchanging them to save the lives of Gallant and deserving men . Huntley being pricked in his conscience about all these things , was alwayes as afraid of Montroses presence as of a Pest-house . But Montrose for all that , passing by injuries , and laying aside all other matters , bestowed his whole endeavours in the promoting of the Kings service . And to that end he was resolved to intrude himself into his company though never so unwelcome , to insinuate into his friendship upon any conditions , to yeeld unto him in all things , and to deny nothing so that he might qualifie Huntleys imbitr'd spirit . Therefore leaving his Forces in their quarters , he posted early in the morning with a few Horse unto Bogie , and by his un● dream't of approach prevented Huntley of any oppo●●tunity of flying or hiding himself . Assoon as the● met Montrose forgetting all that was past , invited him in smooth and gentle language to associate with him in the War for the safety of the King & Kingdome ; & gave him so full satisfaction in all things , that as being at last overcome he seem'd to give him his hand . An● promised that not only all his men but he himse●● would come in person in the head of them , and be● with him with all possible speed . Afterward they lai● their heads together concerning the manner of managing the War , and agreed that Huntley wa●ting over the Spey should make his way on the right hand by the se●● coast of Murray , and Montrose was to go round abou● on the left hand through Strath-Spey , which was at tha● time of the year a very tedious and difficult march ; an● so the design was to besiege Innernes , a Garrison of th● Enemies , on both sides : and in the mean time to dra● the Earl of Seaford either by fairemeans or foule t● their side . That Garrison however it might appear●● to be othervvise strong and and vvel fortified , yet 〈◊〉 very ill provided for victuall and other requisites , which in that sharp Winter & tempestuous Sea coul● hardly be had . And so novv they seem'd to be agree● in all things so that Aboine and his brother Lewis vvish●● damnatiō to themselves if they did not continue constant in their fidelity & service to Montrose to their 〈◊〉 most breath . And the rest of the Gordons , the Marque●● ses friends , were surprised with incredible joy , & mad as much of their Lord and Chief , as if he had been returned from the dead . CHAP XIX . MOntrose supposing Huntleys spirit at last pacified , and seriously inclined to joyne with him in the prosecution of the Warre , marched with his Forces through Strath-Spey towards Innernesse . And the more to a muse the Enemy on every side , he lent his cosen Patrick Graham ( of whose worth I have had often occasion to speak ) and Iohan Drummond of Ball the younger ( a Gentleman of approved trust and valour , who had often done excellent service ) with authority and Commission unto the Athole-men , that if any should offer to strirre in those parts they should neglect no opportunity to suppresse them . The Athole-men being encouraged by their authority & example , shewed themselves very ready and chearfull : And they wanted not long an occasion to shew it , for the remainder of the Arg ylian party ( either by reason of a Generall scarcity of all things in their own Country , or being driven out of their Country for fear of Mac-donell , who was very strong , and threatned their runie ) fell upon the Mac-gregories and Mac-nabis who sided with Montrose . And afterward joyning unto themselves the Stuart which inhabite Balwidir , and the Menises , and other Highlanders who still followed Arg yles fortune , were reported to make up some fifteen hundred men ; and were ready to invade Athole ●nlesse timely opposed . And truly they had already 〈◊〉 red an Iland in Logh-Torchet after they had taken it b● force & pillaged it , & had besieged Ample Castle whic● lyeth on the side of the river of that name . Which a● soon as they had intelligence of , the Athole-men , being only seven hundred in all , under the command 〈◊〉 the aforesaid Graham & Drummond , thought best to oppose them before they brake in into their Countrey . ▪ They upon the alarme of the advance of the Athole - 〈◊〉 raised the siege of Ample & retreated toward Taich . Th● Athole-men pursued them hotly , & finde them in battell-aray not farre from Kalendar a Castle of Taich . Fo● they had possessed a ford , and manned the bank on the other side ( which was fortified with a steep hill ) with a number of musquetiers . Which when the Athole-men saw , & perceived that their Forces were not so strong as was reported ( for they had not above twelve hundred men ) although they themselves were scarce seven hundred strong , yet being heartned by the gallantry and encouragement of their Commanders , they were resolved not to stay to receive the enemies charge , but to charge them . Therefore they place a hundred good souldiers over against the enemy , as it were to make good the Ford on the other side , & the rest marched away unto another Ford near the Castle , that they might get over the river there . The Arg ylians when they perceived the Athole-men so resolute , retreat straight towards Sterling . Then first of all those Athole-men that were left below at the Ford , possesse themselves of the bank which the enemy had quit , after that they fall upon the Rear of the retreaters , cut off som , scatter others , drive others forward ; & the rest of the Athole-men following hard after , put them all to flight . Fourscore of them were slain , the rest escaped by flight : who fared the better because that same morning the Athole mē had had a foule & ●edious march of ten miles long , & had no horse at all to help thēselves . So they having come of with credit returned home . At that time the Rebells held their Convention of Estates at Saint Andrews , which they polluted with the Innocent and I feare crying bloud of men never sufficiently to be commended . They had amongst their pri●oners some very eminent men , as appeared by the hatred the Rebells bare them , ( for they scarce sought the bloud of any but the best of men , but for others of whom they were not so much affraid , they satisfied themselves only with their Sequestration & Plunder , ) amongst whō were the Lord Ogleby , Sir William Spotswood , William Murray a noble young Gentleman , and Andrew Gutherey a stout Gentleman & an active , whom they determied to put to death in that City , to appease the Ghosts of the mē of that Province with their bloud of whom it is reported above five thousand had been slaine in severall battells . Now , because they intended not to proceed against them by Law , but according to their own lusts , they have recourse to their old shifts , & make Religion draw the curtaine over their cruelty To which purpose they set up their Prophets Kant and Blaire , & others that were possessed with the same spirit , who ●oar'd out of their Pulpits , bloudy Oracles before the people ; That God required the bloud of those men , nor could the sins of the Nation be otherwise expiated , or the revenge of heaven diverted . And by this art especially they provoked the hearts of the people ( otherwise inclined to pity ) to thinke upon them as accursed things , and own'd and devoted to destruction ; perswading them that they ough● to have no protection of humane Lawes , nor any Advocate to plead for them whom God himself indited and accus'd . Nor did those excellent interpreters and deciders of Gods secret will make any scruple to sentence the soules , and bodies , and all of so great Delinquents unto hell and damnation . And having by this means blinded the people , it was easie for them who were their accusers & judges both , to condemne the innocent men who were destitute of al patronage and protection . But Ogleby , who was not onely the most eminent of them for Nobility and powr , but also was a Hamilton by his mothers side , and cousen-german to Lindsey , pretending himself sick , with much adoe got so much favour as to have his mother , wife , and sisters suffered to visite him in prison . Which when he had obtain'd , whilst his keepers in reverence to the honourable Ladies , vvithdrevv out of his chamber , he immediately puts on his sisters govvne vvhich she had put off , and vvas dressed in all her attire . She also put on his cap in vvhich he used to lie sick in bed , and lay dovvn instead of her brother . At last many salutations and some tears passing on both sides , at eight of the clock in the night , in the habite and likenesse of his sister he deceived his keepers vvho lighted him out vvith cādles and torches . And immediately departing the City , he took a horse ( vvhich he had laid for him ) vvith tvvo of his followers , and before morning was got out of danger . But when the next day his observant keepers had found out their mistake , Arg yle was so unable to containe his wrath and revenge , that he would needs have the noble Ladies ( and the more noble for this their compassion and adventure ) brought in question for it . But he could not effect it , for by reason of the equity of their cause , they found much stronger friēds then he could , of the Hamiltons and Lindsey ; by whose connivence it is conceived by many that all this Comedy was acted ; but in a thing that is uncertaine I shall determine nothing . This cleanly conveiance of Ogleby out of their hands vext the Rebells exceedingly , and made them almost wilde ; whence it happened that they made a quick dispatch of the rest . And the first that suffered was Colonell Nat●aniel Gordon , a man of excellent endowments , both of body and minde . Who being near unto his death , bitterly lamented with many tears that the carriage of his youth had been much otherwise then it ought to have been . And when being ready to die , they offered him an Instrument to signe , wherein he vvas to testifie his repentance , he subscribed it without any more adoe ; and withall call'd God , and his Angels , and the men there present to witnesse , that if any thing was contained in that paper which vvas contrary to the King , his Crown , or authority , he utterly disavovved it . Then being absolved from the sentence of Excommunication under vvhich he lay for adultery long since committed , to the great grief of the beholders he laid down his neck upō the block . A man subject indeed to that fault , but famous for his valour & souldiership both in forraign Countries and at home . The next that was brought upon the Scaffold yet reeking with the bloud of Colonell Gordon , was a man worthy of everlasting memory . Sir Robert Spotswood , one rais'd by the favour of King Iames & King Charles unto great honours , as his singular vertues did merit . King Iames made him a Knight , & a privy Counsellor : King Charles advanced him to be Lord President of the Session , and now but of late Principall Secretary of Scotland . This excellent man ( although his very Enemies had nothing to lay to his charge through all his life ) they found guilty of high Treason ; which is yet the more to be lamented , because he never bore armes against them ; for his eminency lay in the way of peace not knowing what belong'd to drawing of a Sword. This was therefore the onely charge that they laid against him ; That by the Kings command he brought his letters Patēts unto Montrose , whereby he was made Vice-roy of the Kingdome , and General of the army . Neverthelesse he proved at large that he had done nothing in that , but according to the custom of their Ancestors , & the Lawes of the land . And truly he seemed in his most elegant Defence to have given satisfaction to all men except his judges , ( whom the Rebells had pick't out from amongst his most malicious enemies that sought his death , ) so that questiōlesse they would never have pronounc'd that dolefull sentence , if they had but the least tincture of Iustice or honesty . But to speak the truth , a more powerfull envy then his Innocency was able to struggle with undid the good man ; For the Earl of Lanerick having been heretofore Principal Secretary of the Kingdome of Scotland , by his revolt unto the Rebells forced the most gracious and bountifull King to the whole family of the Hamiltons , to take that Office frō so unthankfull a man & bestow it on another : nor was there any one found more worthy thē Spotswood to be advanced to so high an honour . And hence happened that great weight of envy & revenge to be thrown upon him , which seeing he was not able to bear out , he was forced to fall under . And now Spotswood being about to die , abating nothing of his wonted constancy and gravity , according to the custome of the Country made a Speech unto the people . But that Sacrilegious thief Blair , who stood by him upon the Scaffold against his wil , fearing the eloquence and undauntednesse of so gallant a man lest the mysteries of Rebellion should be discovered ) by one of his gravity and authority ) unto the people , ( who use most attentively to hear , and tenaciously to remember the words of dying men ) procured the Provost of the City ( who had been once a servant to Spotswoods Father ) to stop his mouth . Which insolent , and more then ordinary discourtesie , he took no notice of ; but letting his Speech unto the people alone , he wholly bestowed himself in devotions and prayers to Almighty God. Being interrupted againe , & that very importunately , by that busie and troublesom fellow Blair , and asked , Whether he would not have him and the people to pray for the salvation of his soule ? He made answer , That he desired the Prayers of the people , but for his impious Prayers which were abominable unto God , he desir'd not to trouble him . And added moreover , That of all the plagues with which the offended Majesty of God had scourged that Nation , this was much the greatest ( greater then the Sword , or Fire , or Pestilence ) that for the sins of the people , God had sent a lying Spirit into the mouth of the Prophets . With which free & undeniable saying , Blaire finding himself galled grew so extremely in passion , that he could not hold from scurrilous & contumelious language against his father who had beē long dead , & against himself who was now a dying ; aproving himself a fine Preacher of Christian patience & Longanimity the while . But all these things Spotswood having his minde fixed upon higher matters , passed by with silence and unmoved . At last being undaunted , & shewing no alteration neither in his voyce nor countenance , when he laid down his neck to the fatal stroke , these were his last words , Mercifull Iesu , gather my soule unto thy Saints and Martyrs who have run before me in this race . And certainly seeing Martyrdome may be undergone not only for the Cōfession of our Faith , but for any vertue by which holy men make their Faith manifest ; there is no doubt but he hath received that Crown . And this was the end ( a dolefull end indeed in regard of us , but a joyfull and honourable one in him , ) of a man admirable for his knowledge of things Divine and Humane ; for his skill in the Tongues , Hebrew , Chaldee , Syriack , Arabick , besides the Western Languages ; for his knowledge in History , Law , & Politiques ; the Honour and Ornament of his Country and our Age for the integrity of his life , for his Fdelity , for his Iustice , for his Constancy ; a man of an even temper and ever agreeing with himself ; whose Youth had no need to be ashamed of his Child-hood , nor his riper years of his Youth ; a severe observer of the old● fashion'd pie●y with all his soule , & yet one that was no vain & i●perstitious Profes●our of it before others ; a man easie to be made a friend , & very hard to be mad an Enemy , and who being now dead was exceedingly lamented evē by many Covenanters . His breath●esse , body Hugh Scrimiger once his fathers se●vant took care to bring fo●th , as the times would permit , with a private funerall . Nor was he long able to bear so great a sorrow & losse ; for after a few dayes spying that bloudy Scaffold not yet removed out of the place , immediately he fell into a svvoon , and being carried home by his servants and neighbours , died at his very door . Lastly , they give unto Spotswood another companion in death , Andrew Gutherey son unto the most deserving Bishop of Murray , and hated the more by the Rebe●s for that . A youth as well valiant in battell , as constant in suffering and contemning death . He also vvas threatned & rail'd at by the same Blaire , but answered , That no greater honour could have be done him , then to be put to an honest death in the behalfe of so good a King , and so just a Cause ; which those that were present should see he embraced without fear , and perhaps another generation would not report without praise . For his sins he humbly begged mercy a●d forgivenesse at the hands of his most gracious LordGod ; but for that for which he stood there condemned , he was not much troubled . After this manner died with constancy and courage a man who if Almighty God had so thought fit had beē worthy of a longer life . And that now they might put the last Scene to a Tragedy of which most part was acted , after two dayes breathing they brought forth William Murray , brother to the Earl of Tullibardin , a young Gentlemen , to the same place . And truly every man much admired , that his brother being in great favour & esteem amongst the Covenanters , had not interceded for the life and safety of his own onely brother . Some imputed it to his floth , others to his covetounesse , as gaping after his brothers estate , others to his stupid & superstitious zeale to the Cause ; but even all , the very Covenanters themselves , condemned his silence in such a case as dishonourable , and mis-becoming a Noble spirit . But the Youth himself , being not above nineteen years old , purchased unto himself everlasting renovvn with posterity for so honest and honourable an end . Amongst those few-things which he spake to the people , those that heard him told me these words , which he spake with a higher voyce then the rest ; Account ( O my Countrimen ) that a new and high addition of honour is this day atcheived to the house of Tullibardin and the whole Nation of the Murrays , that a young man descended of that ancient stock , willingly and chearfully delivered up his innocent soule ( as unto men ) in the very flower of his youth , for his King , the Father of his Country , and the most munificent Patron of our Family . Nor let my most honoured mother , my dear sisters , my kindred , or any of my friends be sorry for the shortnesse of my life , which is abundantly recompenced with the honourablenesse of my death . Pray for my soule , and God be with you . CHAP. XX. THe death of his friends troubled Montrose exceedingly ; as it had reason ; but yet it was not able to break or shake his firm and setled resolution . Nor did his noble and more then ordinarily elevated spirit ever give greater evidences of it self then now . For there were many who being enraged with the unworthy murder of their friends egg'd him on being already sufficiently discontended , to a present revenge . And whiles they too much favoured their grief ( although it wast just ) and seem'd to desire nothing but was fit , to wit , to render them like for like , they wearied out the Generall with their many , and troublesome , and unseasonable complaints . For they must needs be angry , that their companions , their friends , their kindred , noble and gallant Gentlemen , vvel deserving of their King , their Country , and the Generall himself , should be murther'd contrary to their faith promised them , the custome of vvar , the Law of the Land , of Nations , and of Nature , and all unreveng'd : and on the other side such Rebells as had been taken by him to be kept rather as in their friends houses then in prisons , to rejoyce , to triumph , tolaugh at their sorrow : And therefore they humbly desired such prisoners might be tryed as Malefactors ; nor would the Enemy be otherwise frighted from their unheard of cruelty , nor the minds of his own men otherwise satisfied and raised up . Whom he entertained with a courteous Speech , commended them for the love they bare their friēds , & told thē , That the bloud of those honourable and innocent Subjects ought to be reveng'd endeed , but such a way as became honest and valiant men ; not by basenesse and mischief as the Rebells doe , but by true valour , in a Soldier-like way . It concerned them so to tame , as not to imitate the wickednesse of their Enemies . Nor , if they considered matters well , was it conscience , that those that were prisoners with them , and so could not be accessary unto the murther of their frinds , should suffer for those sins of which they were innocent . The faith that they had passed uuto them was a most sacred things , and to be kept inviolate even by Enemies . VVhy should they make themselves guilty of that which they so much abhorred in their Enemies ? The time would come when they must give a severe account of it 〈◊〉 the ●ost righte●us God , and to his Vice-gerent the King. In the meane time ( saith he ) let them set a price upon our heads , let them hire Assassines , let them send in their instruments amongst us to murther us , let them make promises and breake them , yet they shall never effect that we shall contend with them in an emulation which shall be worse , or any otherwise then upon honourable and virtuous termes . Now Huntley , who intended nothing lesse thē what he promised Montrose before his face , having passed over the Spey , and entred into Murray , trifled away his time , and wasted his strength without either honour or profit , a good way off Innernesse . For giving his minde too much to prey and spoile , after he had wasted the Country ; he heard a flying report that the inhabitants had hid their Gold and Silver , and the best of their stuffe in certaine 〈◊〉 and obscure Castles . Which willes he assaults in vaine , and could neither by commands , nor intreaties be taken off from his resolution , the Enemy sending in provision on that side which he had undertaken to block up , relived Innernesse vvith all things that they wanted . Which if he had hindered , as he undertook unto Montrose , the garrison vvould have been shortly forced to yeeld . And Montrose having now received intelligence that Major Generall Middelton was come with six hundred Horse and eight hundred Foot as far as Aberdene , and was like to lay waste Huntleys and the Gordons Country , sent Colonell William Stuart unto Huntley to entreat him to return again unto the siege of Innernesse according to his engagement : Or if he did not aprove so well of that , because the Enemy was advanced so near his Territories , he should perswade him to joyne his Forces with his , and to march immediately towards the Enemy , whom he doubted not with an easie hazard to overthrow . To which he answered scornfully , that he vvould look to his ovvn businesse himself , nor did he need the help and assistance of Montrose to drive the Enemy out of his borders . At last after ten weeks spent in the siege of a small inconsiderable Castle , and the losse of all the forvvardest of his men , he was forced vvith dishonour to raise the siege , when he vvas never the nearer . And in contempt not so much of Montrose , as of the Kings Majesty , he retreated to the Spey without the consent or Knowledge of the Vice-roy : giving thereby a very bad example to all men , vvho began to come in thick and three-fold with great eargernesse unto the Kings party . Amongst whom the chiefest for vvealth & povver , and multitudes of followers & dependants were the Earl of Seaford , the Lord Rose , and from the furthest Ilands Sir Iames Mac-donell , Chief of a most povverful and ancient family in the Highlands ; Macklen also & Glenger the Captain of the Mac-Renalds , ( & many more ) who were some of them already in Montroses Army with their Forces , others had sent for theirs . And by this means before the end of March , Montrose might have fallē down into the Low-lands with a farre greater Army then ever the Scots produc'd in the memory of man. But the unexpected revolt of so great a personage did not lesse encourage the Rebells to persevere in their course , then scandalize and discourage honest and loyall hearts . Whence it happened that those whose men were already come up to the Army began to draw off , & steal away privately , and others to make excuses for their delay . All which put together made Montrose to cast about another way . For he resolved ( seeing he could doe no good with vain , light , wavering and inconstant men by gentlenesse & good offices ) to reduce thē to his obediēce by his authority backed vvith the strength of armes and severe penalties ; and to that end to force all the Highlanders and North countrimen , to take up armes , by marching in amongst thē with a confiding party of good souldiers . For he vvel knew that many Governours & leading men in their respective Countries , and Chiefs of Septs were of his side unto whom this course would be very acceptable . Nor did he question but the chief and most powerfull of the Gordons being weary of their Lords miscarriage , would doe him the best service they could if need was , though it ran counter unto Huntleys designe . However he was resolved to use al fair means , if that would doe , before he would put them to the cost of that last and sharpest remedy . But because Inn●rnesse was the most considerable garrison of all the North , and the haven there most commodious for intertaining forraigne Forces , he desired nothing more then to reduce that : therefore he surrounded it with the Forces he had . For the Enemies Army under the Command of Middelton was above fourscore miles off , & Huntley and the Gordons half way between them in a body . Therefore Montrose dealt again with Huntley to perswade him not to lose his time , but ( as they had agreed , to joyne with him in the siege of Innernesse ; or at least to hover about the Spey , over which the Enemy was to passe , & to hinder their passage if they advanced to raise the siege ; and if they chanced to get over to joyn their Forces together and fight thē . To all which he answered so disdainfully , that the Vice-roy thought it hig time to despair of any good frō him , and conceived himself engaged to look better to himself lest at last he should betray him . So that putting no confidēce in Huntley , he sent back three Troops of Horse to lie at the Fords of the Spey , to observe the motiō of the Enemy ; & if they came , to send him often & certain intelligence . And they quartering thēselves in the most advantageous places for scouting were carefull enough to observe his commands ; untill Lewes Gordon , Huntleys son , who then commanded the Castle of Lothes , plaid a more shamefull prank then any he ever did before . He assured those Captains of horse whom Montrose had set to guard the Fords of the Spey , that the enemy lay very far off and intended nothing lesse then to passe that river & raise the siege ; & therefore he perswaded thē ( who took him for a most faithful friend ) to let alone their needlesse guards ( to which they had been appointed ) and to come to his Castle to refresh themselves ; and with many complements invited them to a feast which he had provided for thē● and they had no more wit then to trust him and go . He entertained them with a huge deal of courtesie , & besides very dainty chear plyed them with good sto●● of wine and strong waters . And with a great deal of jollity and ceremonious courtesie , detain'd them so long till Middelton with a great Army of Horse and Foot had got over the Spey , and had gotten footing in Murray . Which assoō as he had notice of , he at length dismist them , and that with these jeering termes ; Go● now to your Generall Montrose , who will have a sharper bo●● now then he had at Selkirk Meane time the enemy march straight and eagerly towards Montrose , & those Horse getting past them with much ado , came not much before them to Innernesse , insomuch as they seem'd to be but the Van of the enemy , and Middeltons whole ▪ Army followed within cannon shot . But , as the providence of God would have it , Montrose had notice of their approach another way and having drawn off his Forces a little way from the Town had got them al into a body . And when he perceiv'd the Enemy to be much too strong for him in Horse , avoiding the plain , he retreated with his men beyond the Nesse . The enemy falling upon his Rear , and being handsomly repul●sed , kept thēselves also close . The losse on both sid's was very little , and a most equall . Montrose , passed by Bewly into Rosse , whither the Enemy pursued him , that taking him in the Champain ground which was disadvantageous to him , they might compel him to fight whether he would or no. But besides tha● the enemy was much stronger then he , the Country people being faithlesse & rotten , and Seafords new raised men running a way by companies from their Colours , moved him with all the speed he could to save himself from the Enemies Horse . Therefore passing by Logh-Nesse , and through Strath-Glasse , & Harrage , he advanced unto the bank of the Spey . Montrose was resolved to proceed against Huntley as a publick enemy , unlesse he repented ; but would try all fair means first , to see whether it was possible to bring him into a better minde . To which end taking with him only one Troop of Horse for his life-guard , in al speed he rid twenty miles unto him to his castle at Bogy . And as he was on his way , he sent one before to give him notice of his approach ; & to tell him that he came thither alone & without his Forces , to no other end then then to kisse his hand , and to be advised by him concerning such things as concerned the Kings service ; & he was the more earnest to speak with him , because he had newly received letters from the King from Oxford , which he would let him see . But Huntley being affrighted with the first news of Montroses approach , was so averse frō the presence of so gallant a mā that in a trice he leapt on horse-back , & with one man along with him , ran a way any way he car'd not whither ; nor vouchsafed the Kings Viceroy the favour of a conference or entertainment . Which assoon as Montrose understood , he returned back those twenty miles the same day being the 27 of May ; and was as carefull as he could possibly to conceale this frovvasrdnesse & unrulinesse of Huntleys , lest it should be a bad president . themselves and others of Huntleys friends , being most of them very honest men and complete Gentlemen , told all with a great deal of indignation , and detestatiō of Huntley ; that by that means they might acquit thēselves from the aspersion of so unworthy an act . Nor can one easily say how great influence that mans example had upon other Northern men : The Earl of Seaford , who had beē but lately , & with much adoe reconciled to the Kings side , was conceived to begin to falter ; and some say that being still unsetled , he had then underhand dealings for the making of his peace with the Covenanters , which truly I can hardly believe . And Alexander Mac-donell himself , pretending I know not what , although he had had often and serious invitation , made nothing but sleevelesse excuses and put-offs from day to day . Which carriage of his gave occasion of strange reports of him , as if he , although he was a bitter enemy 〈◊〉 Arg yle , yet had great correspondence with , and relations unto the Hameltons ; and therefore staid at home , and looked only upon the preservation of the Mac-donells , not medling with publique affaires . Which whē Montrose considered , he resolved without further delay to make his progresse over all the North country and Highlands with a considerable party , to list souldiers , to encourage the well disposed , to reduce those that were refractory by the severity of the Lawes & condigne punishment ; & to deal with them as men use to do with , sick children make them take physick whether they wil or no. And he wanted not fitting instrumnets to promore this designe , who had earnestly labored with him to take that course . While these things passed at Innernesse , Huntley , lest he should be thought never to have done any thing by his own conduct without the assistance of Montrose , besieged and took in Aberdene , ( which Middleton kept with five hundred men ) but with more losse to Huntley himself then to the Enemy . For , besides the losse of many valiant Souldiers , he gave his Highlanders leave to pillage the City . But what fault those poore innocent Aberdene-mē had made either against the King or Huntley let them judge , who know that almost all of them were eminent and observed for their loyalty . But for the enemy whō he took in Armes , who were both many , and of very good account amongst their own party , he dismist them freely without any conditions , and look't fawningly upon them , rather like a Petitioner then a Conquerour . Nor vvhen he had many Colonels , Knights , and others of quality ( who by chance were found in Aberdene ) in his hands , did he so much as think of exchanging any one of his own friends for them , many of whom were prisoners either in Scotland or England . But this was his humour , being alwayes more ready to doe good for his Enemies then his friends . CHAP. XXI . MOntrose being busie about his designe , on the last of May there came unto him a Herald with Cōmands from the King , who by I know not what misfortune had cast himself upon the Scotch Covenanters Army at Newcastle ) whereby he was required forth with to lay dovvn his Armes and disband , and to depart into France , and there to waite his Majesties further pleasure . He being astonished with this unexpected message , bitterly bewailed the sad condition of the King , that had forced him to cast himself upon the mercy of his most deadly enemies . And doubted not but that that command which was given him for disbanding was extorted from him by the craft , or force , or threats of the Rebells into whose hands he had fallen . But what should he do in that case ? If he obeyed he must give over the estates of his friends to plunder & their lives to death ; & if he stood in arms against the Kings commad , he should be guilty of that crime he undertook to scourge in others , Rebellion . And especially he was afraid lest the Rebels should put his actions upon the Kings account , & use him the worse for them , seeing they had him in their power : of which the King had given him a fair hint in his letter . Therefore Montrose resolved to call together all the Noblemen , and Chiefs of Septs , & Knights , & others of quality that were of his side ; that a matter of that consequence which concern'd them all might be discust by generall consent . To which end , after he had received so many injuries from him , he dispatcheth Sir Iohn Hurrey and Sir Iohn Innes , being men of greatest account in his Army , & ( as he conceived ) most in Huntleys favour , unto him to desire him to be present at that so serious Consultation , & referr'd unto him the appointment of the time and place . And to tell him moreover , that Montrose was willing to come to his Castle if he thought fit . Huntley answer'd ; That the King had sent him letters also to the same effect , which he was resolved to obey ; that the Kings commands were of that nature as not to admit of second thoughts and after them nothing was left for consultation . When they replyed , that that likely was Montroses opinion too , and that he was as ready as any other to give obedience to the Kings Commands , if they were not forced ; however it concern'd them all to provide in time for the safety of them and theirs . And that the credit aud authority of what they resolved upon would be greater , even in the opinion of the enemies themselves , if they made a joynt and unanimous resolution . He made no other answer then that he had resolved for himself , and would have nothing to doe with any body else . Montrose there fore sends his answer to the King by letters , wherein he was very inquisitive of the condition he was in amongst the Covenanters , and whether he conceiv'd himself safe in their hands ? and also whether his service could be beneficiall unto him any further ? And , if he was fully determin'd to have that Army disbanded which fought for him ( whiles the enemy in both Kingdomes were in a military posture , and crow'd over them more & more ) what course should be taken for the security of the lives and fortunes of his most gallant and faithfull Subjects , who had spent their bloud and all that was deare unto them for his sake ? For it was a lamentable case if so excellent m●n should be left to the mercy of them that had none , not only to be undone but to be murthered . To this he received no open answer , besides some Articles which the messenger brought which were signed by the Rebells , with wich Montrose was to be content But he in great anger rejected those conditions which the enemy had made , being so unconsionable as they were ; and not vouchsafing so much as to treat with the enemy , sent back the bearer to the King , professing that as he had not taken up armes but by the Kings Commission , so he would have no condition prescribed him to lay them down by any mortall man but the King himself . Therefore he humbly besought the King ( if he thought it fit that he should disband his Army ) that he would not think much to make and signe the conditions himself ; to which , though they prov'd perhaps very harsh , he promised absolutely to submit , but he scorn'd the Commands of any one else whosoever they were . The messenger returning , at last brought with him Articles signed by the Kings hand , with Injunctions now the third time , wherein he was required to disband without further delay ; and the same messenger charged him in the Kings name , under pain of high Treason , to give obedience forth with unto the Kings Command . And besides his Majesties pleasure , there was another thing which hastened him which was , that those that had engaged with him had most of thē p●ivately and by their friends laboured to make their peace with the Rebells ; which was evidently known by good tokens of the Earl of Seaford and others . As for Huntley & Aboine they did not only professe themselves open enemies to Montrose , but also threatned to fall upon him by force of armes , if he did not immedaitely submit to the Kings authority . And Antrim being newly arrived out of Ireland in the Highlāds without either men or arms busied himself to draw away all the Highlanders as his kindred and allies to himself from Montroses Army , whom in scorn he call'd the Governour of the Low-lands making by this means an unseasonable fraction , and apernicious one to his friends in those parts . All which Montrose having well considered , he was forced according to the Kings Command to disband his Army . And truly that was amost sad day , in which having solemnly prais'd and encourag'd his souldies ( as well as the occasion permitted ) he took his leave of them . For although he bid thē to be of good comfort however , and told them he saw some day-light of a blessed peace , and that he did as much service to the King by his present submission , as he had done before by his Martiall atchievements . Yet notwithstanding they all conceiv'd that that was the last day of the Kings Authority in Scotland , and all of thē beleeved for certaine , that those Commands from the King were wrested from him upon the apprehension of greater dangers to his person if he had not given them . And although some provision had been made by Articles in writing for their Indempnity , yet they had rather have undergone the worst that could fall , then survive idle & unserviceable spectators of the miserable condition of their dearest King. And it was no little vexation to those generous spirits , to think what an unworthy opinion forraign Nations and their own posterity must needs have of them , as if all the Scottish Nation had been unanimously guilty of Rebellion & desertion of so good a King. Besides , their sorrow was much augmented with the consideration that their Generall , who was most valiant , most successefull , and therefore most beloved , should be taken off so unhappily from the King , from his Country , from themselves , and all good men . So that his souldiers falling down at his feet , entreated him with tears in their eyes , that seeing the safety of the Kings person depended so much upon it , and he must of necessity depart the Kingdom , he would be pleased to take them along with him into what part of the world soever he went. Professing their readinesse to live and fight any where under his command , and ( if God would have it so ) to die too . And truly many of them were resolved , though to the certain hazard of their lives and estates , to follow him even against his will and knowledge , and to offer him that service in an unknown land that they were able to afford him no longer in their miserable Country . By the Articles to which the King had consented according to the desires of the Covenanters it was especially provided , that Montrose should depart Scotland before the first of September , and that they should finde him shipping , vvith provision and all things necessary vvhen he went. These things were transacted the first of August , and a Port in Angus designed for Montrose whither they were to send shipping from whence he vvas to imbark . And Montrose to prevent and remove all occasions of exception or suspition , being accompanied only with his own servants & a very few friēds , betook himself thither , and waited for the shipping . About this time his most implacable Enemies set abroad crafty & feigned reports by their fit instruments wherein they confidently averred , that the States of the Kingdome ( as they call'd themselves ) would by no means suffer that so gallant a Subject should be banished the Country : For they knew not how great need they might have of a man of his worth , especially if the King who had cast himself freely upon the affections of the Scots could not get any right of the English , but should be put to seek it by force and armes ; and if it came to that , no age had afforded a better Generall then Montrose . And truly that was the earnest desire and expectation of most men , who were not able to dive into the bottom of the Rebels plots , but they had farre other designes in hand , and another game to play . For what their thoughts were tovvards the King , the sad event made too manifest , and for Montrose , they laid very unconscionable & unworthy traps to catch him . For they did this , that if they could flatter him up with such vain hopes , & entice him to stay in the Kingdome beyond his time appointed , they might take hold of him upon the Articles , & cut him of with more credit . August vvas almost spent and no news at all vvas to be had about the shipping or safe conduct : therefore Montrose , ( although he was resolved to be gone by the day the King had limited ) that he might the more fully grope the intentions of the Covenanters , gave leave to some of his friends to deale with them for further time . But when they brought him nought but uncertain & doubtfull answers , he had reason to think they intended nothing but to delude & intrap him . Besides ( vvhich made his suspition so much the greater ) there came a ship upon the very last day allowed for his stay ( to wit , on the last of August ) into the haven of Montrose . The Master of it was not only a stranger to him , but a most rude and violent abettor of the Rebels ; the Sea-men and Souldiers men of the same temper , malicious dogged , & ill-condition'd , the ship it self neither victualled , nor fit to goe to Sea. So that vvhen Montrose shew'd himself ready to depart , and bad them hoise their Sailes assoon as they could , the Master of the ship told him that he must have some dayes allowed him to pitch and rigge his ship , before he durst aduenture himself to the winde and vvaves . And then making great brags of himself and his ship , he drew forth a Commission vvhich the Covenanters had given him , vvherein he vvas required to transport the passengers to certain places assigned by themselves , and to carry no body else . Moreover there lay great English ships and men of war every day in sight about the month of the River of E●k ( vvhich makes the haven of Montrose ) attending there in favour of the Rebels for their much desired booty , that by no means he might escape their hands . But Montrose had sufficient notice of these treacheries , and wanted not some friends of the Covenanters themselves , who informed him by frequent messages that the Sea was sore pester'd with the English Navy , and he could not escape safely either into France or the Low-Countries ; that the haven was upon the matter block't up in which he was to take shipping , and therefore it was very perillous for him to go to Sea ; that his Enemies look't for nothing else , then that either by making too long stay in his own Country he should fall into the hands of the Scottish Covenanters , or by going he should be surprised unarm'd & unawares by the English Rebells . Montroses friends that were with him were of opinion that it was best for him in so apparant a danger to return into the Highlands , & draw his men together again conceiving that he had better trust the fortune of war then so perfidious a peace . But be forbore to take that course , especially because of his most ardent affection to the King : For he was assured if the war brake forth again , it would be laid upon the King though undeservedly , and so he should bring his Person into present danger perhaps as much as his life was worth . Therefore being straightned on every side , one vvay vvith treachery plotted against his ovvne , another against the Kings anointed head , he determined with an unalterable resolution to bearall the burden upon his own shoulders . And therefore he vvithdrevv himself not out of rashnesse as if he despair'd of safety at the worst , but out of sage & discreet deliberation . For when he had smelt out the plots of the Rebels before-hand , he had sent some a good while agoe to search diligently the Havens in the North , and if they chanced to finde any outlandish-vessell to agree with the Master for the fraught , and to appoint him to be ready to put to Sea at such a day , and to transport the passengers ( which should be ready with him ) by the help of God into Norway . By good fortune there was found in the haven of Stanhyve a small bark of Bergen in Norway , and the Master was soon agreed with , for he was very glad of the opportunity , having hopes for getting . Thither Montrose sent away Sir Iohn Hurrey Iohn Drummond of Ball Henry Graham his brother , Iohn Spotswoad nephew to that great Sir Robert , Iohn Lily , a Captain of approved skill and courage , Patrick Melvin such another , George Wischeart Docter of Divinity , David Guttherey a stout young Gentleman , Pardus Lasound a French-man , once a servant to the noble Lord Gordon , after wards entertained for his Masters sake by Montrose himself , one Rodolph a German an honest & trusty young man ; & a few servants more . And these he had pick't out to carty a long with him whithersoever he vvent , for this reason especially , because he knevv the Rebels to be so maliciously bent against most of them then they could not be safe for never so little a vvhile in that Country . And they on the third of September having a good vvinde put forth to sea for Norway ; And the same evening Montrose himself accompanied only with one Iames Wood a worthy Preacher by a small cock-boat got into a Bark which lay at anchot without the Haven of Montrose ; and being clad in a course suit the Lord and Patron passed for his Chaplains servant . This was in the year of our Lord 1646. & the 34. year of his age . FINIS . 
A70609	----	Presbyterian inquisition as it was lately practised against the professors of the Colledge of Edinburgh, August and September, 1690 in which the spirit of Presbytery and their present method of procedure is plainly discovered, matter of fact by undeniable instances cleared, and libels against particular persons discussed. Monro, Alexander, d. 1715? 1691 Approx. 253 KB of XML-encoded text transcribed from 55 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A70609 Wing M2443 ESTC R5724 11348523 ocm 11348523 47542 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A70609) Transcribed from: (Early English Books Online ; image set 47542) Images scanned from microfilm: (Early English books, 1641-1700 ; 699:18, 1466:14) Presbyterian inquisition as it was lately practised against the professors of the Colledge of Edinburgh, August and September, 1690 in which the spirit of Presbytery and their present method of procedure is plainly discovered, matter of fact by undeniable instances cleared, and libels against particular persons discussed. Monro, Alexander, d. 1715? [2], 106 p. Printed for J. Hindmarsh ..., London : 1691. Testimony of Alexander Monro in answer to charges of misconduct of office and popery. Errata: p. 106. Reproduction of originals in the Union Theological Seminary Library, New York, and University of Illinois (Urbana-Champaign Campus). Library. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Presbyterianism -- Early works to 1800. Scotland -- Church history -- 17th century. Scotland -- History -- 1689-1745. 2005-05 TCP Assigned for keying and markup 2005-05 Aptara Keyed and coded from ProQuest page images 2005-07 Rachel Losh Sampled and proofread 2005-07 Rachel Losh Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion Presbyterian Inquisition ; As it was lately Practised against the PROFESSORS OF THE COLLEDGE OF EDINBURGH . August and September . 1690. In which , the Spirit of Presbytery and their present Method of Procedure , is plainly discovered , Matter of Fact by undeniable Instances cleared , and Libels against particular Persons Discussed . For the mouth of the wicked and the mouth of the deceitful are opened against me , they have spoken against me with a lying tongue : They compassed me about also with words of hatred , and fought against me without a Cause . Ps . 109. v. 23. LICENSED , Nov. 12. 1691. LONDON , Printed for J. Hindmarsh at the Golden-Ball in Cornhill . 1691. ADVERTISEMENT . WHen the Reader considers what 's said in the following Sheets , he will find the Title exactly agreeable to the Book ; and if that seem odious , it 's not to be Imputed to the Author of this Narrative , but to one of the Visitors ; who in the face of the Court , Declared , That their Method of Procedure was an Inquisition ; and the plain Truth is , he was so Happy in the choice of the Word , that it would have been unreasonable to have chang'd it . The Reader is also desired to take Notice , that by the Witnesses mentioned in the last Paragraph of the Preface ; are to be understood , only such as were Examined against those Masters of the Colledge , whose Tryals are not yet Published ; for all the Art and Industry of the Party , could not so much as procure one Witness to Appear against the two Doctors , whose Libels , Answers , and Sentences , are here Related . THE PREFACE . I Was present at Edinburgh when the University there was lately Visited by the Presbyterian Party , and was Witness to all that past at the Tryals of the Principal and other Masters ; and the Accounts of it having since fallen into my hands , and I knowing them to contain nothing but Matter of Fact and down right Truth , thought fit now to Publish them ; not to Continue , or Excite Faction or Revenge , but to Vindicate Innocent Men , from the Calumnies and Slanders that have been of late Charged upon them . If the Presbyterians had not Industriously propagated abroad , the Idle and Impertinent Stories they invented at home , these Papers had never seen the Light : It is indeed with great Reluctancy , that I give the Transactions of that late Visitation any room in my Memory ; but since the Clamours of a Factious Party constrain Men to defend themselves : It is but just to return such Answers as may undeceive well meaning People , and expose the Injustice of that Inquisition : It being so easie a thing to make it appear , That the Masters of that Universities greatest Crimes , were their Places and Preferments . Because in the following Papers , mention is often made of a New Test , that the Parliament appointed for all University Men ; it may not be improper once for all here in the beginning , to tell what that Test was ; for this then let it be remembered : That the 17 Act Parl. 1. Sess . 2. July 4. 1690. Earl Melvil Commissioner , appoints ; That no Master or Professor in any Colledge or School , shall be allowed to continue in the Exercise of his Function , but such as do Acknowledge and Profess , and shall Subscribe the Confession of Faith * , Ratified and Approved by this present Parliament ; and also , shall Swear the Oath of Allegiance to their Majesties ; and withal , shall be found to be of Pious , Loyal , and Peaceable Conversation , and of good and sufficient Literature , and Abilities , for their Respective Employments ; and submitting to the Government of the Church now setled by Law — and are well Affected to their Majesties , &c. Again , by Act 38. Sess . 2. Parliament . 1. Gulielm . & Mari. July 22. 1690. Melvil Commissioner , all persons who are bound to Swear the Oath of Allegiance , are also obliged to Subscribe this Assurance , as they call it . I A. B. Do in the Sincerity of my Heart , Acknowledge and Declare , that their Majesties King William and Queen Mary , are the only Lawful , Undoubted Soveraings , King and Queen of Scotland , as well de jure , as de facto , and in the Exercise of the Government : And therefore I do sincerely and faithfully , promise and ingage , that I will with Heart and Hand , Life and Goods , Maintain and Defend Their Majesties Title and Government , against the Late King James , his Adherents , and all other Enemies ; who , either by open or secret Attempts , shall Disturb or Disquiet Their Majesties in the Exercise thereof . These were the Instructions which the Parliament by their Acts gave to the Visitors ; and a considerable number of them being Presbyterian Ministers , were not wanting in their Diligence to screw up every thing to the greatest height , against the Episcopal Masters , and to make them feel the severe effects of Presbyterian Power and Malice ; as appeared by a Printed Warrant , or rather Proclamation , in their own Names , in which , they Require and Command , Messengers to pass to the Mercat Cross of Edinburgh , upon a Mercet day , betwixt Ten and Twelve a Clock in the Forenoon , and immediately thereafter , to the most patent Gate of the University of Edinburgh , and sicklike to pass to the Mercat Crosses of Edinburgh , Hadingtoun , Duns , Green-Law , and Lawder , Jedburgh , Selkirk , Peebles , Linlithgow , and Stirling , and there at after open Proclamation , &c. To Summon , Warn , and Charge , the Principal , Professors , Regents , and all Others , Masters of the University of Edinburgh , and Schoolmasters Teaching Latin in the said Town , &c. — To Compear before the Committee of the said Visitors , &c. — The 20 day of August next to come , at Ten a Clock in the Forenoon , to Answer and Satisfie the said Committee , &c. And likewise the said Commissioners , do hereby Require the said Messengers , at the same time and place , and in the same manner , to Summon , and Warn , all the Leidges , who have any thing to object against the said Principal , Professors , Regents , Masters of the said Universities , and School-Masters — To Compear before the said Committee , the said day and place , to give in Objections against the Principal , Professors , Regents , and others aforesaid — Requiring in like manner , the Messengers , Executors of this present Warrant , not only to Read Publickly the same , and the Citation to be given them , at the said Mercat Crosses and Colledge Gate ; but also to leave Printed Copies thereof , affixt upon the Mercat Crosses of the Head Burghs , and upon the most patent Gates of the said Colledge . Lastly , Requiring the said Messengers to Return the same , with formal Executions and Indorsations thereof , duely Subscrib'd by them before Subscribing Witnesses — For doing of all which , these Presents shall be their sufficient Warrant . Given at Edinburgh , July 25. 1690. And Ordains these Presents to be Printed , Extracted forth of the Records , by me Tho. Burnet . 1. Here you see a vast deal of Pomp and Parad , to Usher in this INQUISITION ; open Proclamation was made at Mercat places , a sufficient indication of what might be expected afterwards from them : Alt the Leidges are Warned , and Summoned to come in , and make what Objections they can , against the Masters ; sure if the Visitors want Men to Accuse these Masters , it cannot be ascribed to their want of Industry to procure them . 2dly . The great Zeal these Commissioners had to purge the Universities from Malignants * , made them upon all occasions stretch the words of their Instructions , far beyond their ordinary and usual signification . When some enquired whether by that part of the Test , which requires to submit to Presbytery , were meant only , a quiet and peaceable living under that Government , or if it imported any thing farther : Some of the Commissioners plainly told , that by that Clause of the Test , was also meant , That every Master should tbereby Declare the Presbyterian Government , to be preferable to any other whatsoever , and the only Government left by Christ and his Apostles in the Church , and warranted by Scripture . By the same Spirit of Prebyterian Moderation , some of the Commission Declared ; that by the Acknowledging and Subscribing the Westminster Confession of Faith ; is not only meant an owning of it , in so far as it is a System of Theologie conform to the Holy Scriptures , and one of the best designed for distinguishing the Reformed Church , from these Hereticks and Schismaticks that now disturb it ; but that it also imports , an absolute owning of every particular Article thereof , as the only and most perfect Confession , that hath been or can yet be composed ; and that therefore it was to be Acknowledged , Professed , and Subscribed , without any Limitation , Restriction , or Reservation whatsoever . The Visitors might have been well assured , That no Master or Professor of any Conscience , who had been Episcopally Ordained , or acquainted with the Primitive Constitution of the Church , could any ways comply with Conditions so Rigid and Severe . It had been soon enough then , for the Presbyterians to have fled to their old Experimented way of Libelling , when the Masters had stood their ground against that New Test , which Originally had no end , but to make vacant places . But the Preachers of that Party ( Members of the Visitation ) judged it more convenient , Boldly and Indefatigably to Calumniate the Professors , lest if they had been turned out for mere and just Scruples of Conscience , the People should have murmmured and complained ; The Body of Mankind often believe the first and loudest Reports , few of the People being capable , willing , or at leisure to Examine the Truth of things , and since now the Faction had got the uppermost , and had Power in their hand , they enquire into all things that might make the Professours odious to the City or Nation , and thought fit to let them feel the effects of their Rashness , if in all their Life time , they had been once spoke against the Imposture or Enthusiasme of that Sect. The Presbyterian Preachers ( who earnestly wished to be Employed in the Toyl and Drudgery of this Affair ) made it their Business to search into all the Actions of the Professors Lives , especially such as were capable to be Transformed into a Libel ; and having the Assistance and Zeal of some of the New Magistrates of Edinburgh , to second their Endeavours , it was easie to foresee what Quarter they might expect , who differed from them : And this was no difficult Province for Presbyterians to mannage , considering the Nature of their Discipline , and their present Constitution ; The most innocent things have two handles , and some Men industriously seize the worst : But because they pretended to be most Accurate Reformers , they would therefore do their work thorowly , and strip their Opposers as bare of their Reputation and Good Name , as of their Livelyhoods and Preferments ; and having now got the Church's Jurisdiction and Revenues into their hands , it was not safe for them to want the Government and Psssession of the Seminaries of Learning : And therefore the Presbyterians that Preached before the Parliament , never forgot to Exhort such as were in Power speedily to Reform the Universities ; which is no less in their Language , than to plant them with Presbyterians ; To accomplish this , it was necessary to Represent the Masters of Universities under the Episcopal Constitution , as very Ill Men , Enemies to the Godly , Socinians , Papists ; now the People could not discern when they spoke Contradictions , for tho' Socinianism , and Popery , be two opposite Points of the Compass , yet some of their Emissaries scrupled not , among the Gossoping Sisters , and at other more Publick Meetings , * to Accuse one and the same Person of both . When the Government of the City of Edinburgh , was lodged in the hands of the first and best order of Citizens and Gentlemen ; the Masters of the Colledge had all the Encouragement that they themselves could wish ; They lived in all Tranquility and Freedome during the Administration of Sir Magnus Prince and his Predecessour , Sir Thomas Kennedy : They made it ( both of them ) their Business to preserve the Order , Fabrick and Revenues of that House ; they omitted no occasion of Supporting the Honour and Reputation of its Masters ; as well as of discouraging what ought to be reproved , and timously amended ; whenever there was the least ground for it . The Masters of the College in that Period , had nothing to do but carefully to look after the Manners and Proficiency of their Students ; for the Countenance of the Magistrates and their generous Inclinations to Propagate Learning , did so secure and guard the Professors , against the little efforts of censorious and talkative Fanaticks , that they could not contrive how to be more happy in their Stations : For these Gentlemen knew what an Ornament their University was to the City and whole Kingdom , how necessary Freedom , Contentment , and Retirement are to the attainment of Learning : and therefore they were so far from vexing and disturbing them , that they heaped upon them all marks of Honour and Regard . Others ( shuffling themselves into the Magistracy under the Covert of such Commotions as necessarily attend all great Revolutions ) had not the same view of things , They thought their Business was to Reform , tho' they knew not what ; and this Reformation was regulated by such Oracles as managed their Councils , and the Responses were always given by Interest : Hence they seemed to mind nothing so much as the disturbance of that Seminary : Sometimes they thought that they might manage the Discipline of the House , without considering the Masters ; sometimes they thought they might by themselves , without the King * , or any formality of Tryal , remove and displace them at their Pleasure ; sometimes they pick'd Quarrels with the Students , of purpose to accuse their Masters : sometimes they would contrive odd and phantastick Schemes of Discipline , and it is not easie to imagine into what freakish Humours , silly Conceits , and little Tricks this Fancy metamorphosed it self in the space of two Years . But those Attempts served only to make Citizens of the best Sense and Quality , some of them to Laugh , and others to Lament , that the Professors of the Liberal Sciences should be so treated by such illiterate Busie-bodies . For generally the Citizens of Edinburgh are not only Affable , Kind and Courteous to the Masters of that College , and to Learned Men in general ; but also very forward to promote the Interest of that House ; The original Erection whereof is owing to their Charity ; and they have frequently since the first Foundation , augmented its Revenues , Books and Curiosities : And there are but few of them but retain a tender esteem of its great Worth and Advantage , and the Escapes and Preposterous Dealing of some of them ; in this Critical Juncture , is not at all to be laid to the Charge of the Body of the People , who have always valued the Masters of the College as they did the Education of their Children , than which nothing is of greater consequence to themselves , or the Societies in which they live : The Presbyterian Ministers , finding the Endeavours of their Magistrates too slow to serve their ends ; and that they were frequently baffled in those little Skirmishes with the Masters , importuned the Leading Men of the Party , to procure such an Act of Parliament as might best serve their Designs against the Universities , * and lest the Masters should Comply with the Civil Government , a New Test was so ordered , that none but Presbyterians could comply with it , and even such , if ever they had but submitted to Episcopacy , were not allowed to hold their Places , but in a most precarious manner . The Masters of Universities complain justly of two things . First , That they were obliged to take Oaths that the rest of the Clergy of the Nation were not bound to take . Whereas any Legal Test should reach all or none . Secondly , That this Test should contain not only their Allegiance to the Civil Authority , but also their hearty Submission to the Presbyterïan Government and the new Model of it in Scotland * . Thus the Presbyterians were very sure , that if they did not thrust them out by the First , they could not fail to send them Packing by the Second , especially since the last Clause of the New Test obliged them to submit to Presbytery , which is no lese than to give themselves up to all the Decisions of the Consistory . It was not to be expected but that the Presbyterians would quickly possess themselves of the Universities , since the Ecclesiastical Government was lodged in the hands of a few of them , by an Heteroclite kind of Prelacy never before known in the Church * . Yet it may be fairly presumed , that for their own Honour and Interest , they should have vacated the Seminaries of Learning at least by degrees ; and not have pull'd them down all at once : but the fiery Spirit of that Faction endures no delays . Yet lest the People should find sault with their Precipitancy , they were to manage their Game with some Plausible Pretences : If any of the Masters were observed to have had but any Kindness for the Order and Rites of the Primitive Church , or ever to have but spoke slightingly of their New Discipline ; such were to be Expelled the College with Disgrace , cloathed first in Beast-Skins , and then exposed to the Rabble : Their Places and Preferments were Sacrific'd to Presbyterian Covetousness and Sacriledge , and their Honour and Good Name , to their Vanity , Pride and Revenge ; It was not enough to have them removed , unless it was with Ostentation and Triumph . They would fain perswade the present Generation , that they value the other World more than their Neighbours do , but yet they never neglect any Methods , right or wrong , to secure the Interests of this . It was not unpleasant to some Spectators to behold at what pains the Presbyterian Preachers were to patch up Libels against the Masters , going from House to House , from one Company to another , enquiring into the most minute Actions of their former Lives . Some of the Masters , * they were so keen against , as to run back the Inquisition , as far as their Childhood , entertaining Persons of Quality with the Opinions and Erroneous Conceits they alledged them then to have had . And besides that , they had the true Art of Transforming the most laudable Practices , into suspicious Designs ; They pretend to pry into the Secrets of their Hearts , Accusing them as Reprobate and Wicked Men , Popishly affected , Enemies to the Godly , Friends of the Idolatrous Liturgy of the Church of England , and Despisers of all true Piety and Devotion ; for that to be sure is the Monopoly of their own gifted and select Tribe . This is the Mischievous and usual effect of Bigottry , it changes the Soul ( the luminous Part of Man ) into a Dungeon of Passion , and Self-conceit , it debases the Generous Spirit of Christianity , into Servility and Superstition , it blocks up all the Avenues of the Mind ; you may as well Preach to the River of Forth to stop it's Current , as desire them to listen to calm Reasonings , to weigh the Justice or Injustice of what they do against these of a different Opinion ; Nor is there any Sect upon Earth in whose actions the sad Effects of Prejudice and Imagination are so legible as in this last Edition of Presbytery in Scotland . They complain of all Degrees of Power when it is not in their own keeping : The most innocent Commands of their Lawful Superiours are insupportable Grievances , * and the Canons of the Universal Church , are but Superstitious Encroachments upon Tender Consciences : They Declaim perpetually against Arbitrary Power , and yet nothing escapes their Cognizance ; and they only are Judges of the Punishment that every little Offence deserves ; nay frequently , the most Commendable Actions are made Offences , for there is nothing so remote from Ecclesiastical Censure , but what is hooked in by them , in Ordine ad Spiritualia . This needs no Explication to such as have lived where their Discipline prevails ; when Religion and its Doctrines are made subservient to the Tyranny and Caprice of Self-designing Men , it loses its Natural Beauty and Use ; The greatest Blessings of Heaven , are by the Wickedness of Men changed into Curses , and the Light of the Gospel made to Truckle under the Designs of Darkness : The Passions of Pride and Revenge that it designed to Mortifie , are Advanced and Encouraged , but the Wisdome that is from above , is first pure , and then peaceable , gentle , and easie to be entreated , full of mercy , and of good works , without partiality , without Hypocrisie ; 't is sad to consider how much the People are diverted from considering , Believing , and Contemplating , the Pure and undisguised Design , Faith , and Morality of the New Testament , by Fooleries and Novelties , that have no Natural Tendency , but to divide Christendome , and corrupt the simplicity of that Faith once delivered to the Saints , and instead of that Beautiful Worship , by which our Ancestours in the Primitive and Purest Ages did Adore the Creator of Heaven and Earth , there is now introduced a new Scenical incoherent Rapsodie ; and all this under the pretence of a more Illuminated State , and Progress of the Reformation : Just so the Donatists of old destroyed the Power of Godliness , as well as the Ancient Forms . and Canons of the Catholick Church , under the popular pretence of Reformation . By the following Sheets , the Reader will clearly see a most remarkable and undeniable instance , of the Partiality and Injustice of the Presbyterian Party , and that they were fully determined right or wrong , to find such of the Masters Guilty as were not of their way ; a plain Evidence of this , is the Report they made to the General Commission of the Visitation , in which the Reader will see their affected Mistakes , and Malicious Method of Arguing ; particularly in their Report concerning Dr. Strachan Professour of Divinity , in the Colledge of Edinburgh ; They insinuate , that the Doctor did either believe Transubstantiation or Consubstantiation , both which determine positively the manner of our Saviour's Presence in the Holy Eucharist , because the Doctor had sometimes said with Durandus , praesentiam oredo , modum nescio , but of this more in its proper place . It had been a much more Creditable , Compendious , and Ingenuous Method , to have turned out the Masters of the Episcopal Perswasion , by one General Act , it being once determined that they should be Ejected , than by so much Noise and Ceremony , first to bring them upon the Stage , then to kick them off with all the Affronts and Indignities they could heap upon them ; for Malice it self could have done no more , as you may easily see by some of the Malicious , Triffling , and False Things , objected against the Masters . I cannot guess , why the Masters of the Colledge of Edinburgh , should be Treated otherwise than the Professours of other Colledges were : It 's true , that City is the Centre of the Nation , and the Schools there are most frequented , and if they had not at first apply'd their utmost force against that place , they could not so easily have removed them afterwards , at least such a delay would have put them to the pains of gathering new Libels ; therefore they were to push their Business with all Diligence and Vigour , nothing else but the force of Interest and Malice could have made Reasonable Men venture upon such Scurrilous Methods as they used and here are Narrated ; Long Libels formed against the Professours , but no Informer or Accuser made known , a Practice peculiar only to Courts of Inquisition : And which , the Pagan Emperour Trajan , thought so Inhumane and Barbarous , that he forbid this Method of Tryal against the Christians , whom yet the Persecuted ; and therefore he Ordered Plinius Secundus the Proconsul , to admit no such Unsubscribed Libels against the Christians , because that this was a Custome of the worst Example , unaggrecable to the Reign of Trajan , and to the common forms of Justice received in all Nations * ; for the Accused ought certainly to know his Accuser , lest he , or his Malicious Associates , should shift the Scene and turn Witnesses ; The Accuser ought also to be obliged to prove his Libel under a Penalty * ; It is very hard , to leave Men of Credit and Reputation to the Mercy of every little Informer , who can slip his Collar when he pleases . I know nothing that can so Disjoint and Embroil Humane Societies , as this unworthy sneaking Practice ; for this kind of Inquisition , is much more Grievous than that of the Romanists , this only great difference being Remarkable , That the Severity of the Popish Inquisition is tempered with Canons , and this of Ours , only Regulated by the boundless Humour of a few Imperious Rabbies , Whose Actions know no Law but the Covenant , and that no other end , but their Ecclesiastical Tyranny . It was easie to guess what the Sentence would be , when some of those Presbyterian Ministers who were Judges , drudged so much to procure Libels : It is true , the Committee for the Colledge of Edinburgh , was for the most part more deeply engaged to the Interest of Presbytery , than they who were sent to Visit other Universities , yet some of them did so abhor this harsh and preposterous Violence ; that Persons of Honour and Integrity amongst them , ( soon perceiving their Assessors upon this Committee , were not to be guided by common Forms of Justice ) left their Meetings , and seldome or never again appeared ; such were the Earl of Louthian , Lord Secretary Dulrimple , L. Raith , Sir John Dempster , &c. When once they retired , the Masters were left to wrestle with all the Chicane , and affected Mistakes and Prejudices of then Sworn Enemies ; and because some of them did insist upon the same Arguments afterwards at London , which they had made use of at Edinburgh , therefore those Objections are Represented in their own words , and their most plausible and successful Topicks fairly Examined : And since the Masters were not allowed sufficient time to make their Defences , but forced to precipitate their Answers to many particulars which were jumbled together against them , and which they never heard of until they were sisted before these Tribunals : I will therefore take care to pick up all the Exceptions that came to my hand ; and now , since the Answers must be made Publick , where I judge them defective or obscure to Strangers , I will Enlarge and Explain them , and that so much the rather , because they thought these Libels of such weight as to keep them upon Record in their Publick Registers . Indced , if the Reputation of Innocent Men had been Assaulted , only by spreading Reports and scattering idle Stories among the People , no Man needed to have been at the pains to answer such whispers as flie only the in dark : Innocence , and the good Nature of the Citizens of Edinburgh , would have sufficiently defended the Masters against secret Reproaches and Calumny , but now that they are allowed a place in the Publick Records , it is but a piece of Innocent Self-Defence , to expose the Weakness of those Arguments they laid such stress upon , when the Presbyterian Preachers , who alone were most Active in such Libels , practised such an Arbitrary Inquisition upon the Theatre of the Nation , what is to be expected from them in the remote Corners of the Country ? where their Meetings are not overawed with the Presence of Persons of Quality , where there is no check upon them , nor any Witnesses of their Extravagance , but the Lay Elders , those Grave Noddies of their own Erection , a new set of Presbyters of their special invention , without Mission or Ordination . If the Presbyterian Government in our Nation , had been Tempered by a Modest Dependance upon the State , there had been less place for such unreasonable Oppressions and irremediable Confusions as are now too visible : Nor is it possible to preserve the Peace of the Nation ; if there lie no Appeal from the Ecclesiastical Consistory : This was the most insufferable piece of Popery that Christian Princes Groaned under before the Reformation , and therefore they shook off this Yoke too Grievous to Them , and to Their Ancestours : This Independent Discipline as it is managed by our Innovatours , is founded upon such Ambition , and Arrogance , as is inconsistent with Reason , and the Innocent Freedome of Humane Life , and the Prerogative Royal of Kings , and instead of promoting Piety and Peace among Christians , increases only mutual Censurings , Factions , Hatred , and Division , and what else is most opposite to the Spiritual Tendency , Charity , and Purity of our Holy Religion . But when they themselves look back upon all the steps and Pageantry of that Visitation , they cannot but acknowledge they have missed some considerable part of their Design ; for the Masters they were most violent against , are as much Beloved and Esteemed by their former Friends in the City of Edinburgh and elsewhere , as ever : They did not think to keep their places in defiance of the present Law , nor do they complain so much of the Illegality of the Sentence against them , being there is now such a Law , as they could not comply with , but they have Reason to complain , that there was such a Law made on purpose to turn out some particular Persons , as the Contrivers threatned Twelve Months before that Tryal , They hoped ( If they were not Treated like Christians and Scholars ) they might be allowed the Civilities due to Humanity , and the common forms of Justice ; now being this Account carries with it the undeniable Evidence of particular Matters of Fact ; The Reader may by it discern somewhat of the Spirit of Presbytery , and of that Partiality and Hypocrisie , that animates their most Solemn Proceedings . It is not intended by this Preface to Insinuate , that all the Nobility and Gentry , who were Named to Visit the Universities , by Act of Parliament , were equally inclined to Faction and Injustice : It is certain , that many of them were averse from such Severities , and particularly my Lord Carmichael President of the Committee for Glascow , Treated the Principal Dr. Fall , and Subordinate Masters there , with all the Civilities due to their Merit and Character ; for tho' the Cameronians in that place had prepared Libels against the Regents , yet my Lord Carmichael rejected them with Indignation . And tho' the Masters of the University of St. Andrews have been Examined with all Rigour and Severity ( all the Vintners and their Servants , and other Rabble at St. Andrews , being Summoned to appear before the Committee , and made to Declare upon Oath , all things that ever they heard or knew of the Masters of that University ) yet no Masters were treated as Malefactors , but the Professors of the Colledge of Edinburgh . It 's true , nothing but Civility and Discretion could be expected from a Gentleman of my Lord Carmichael's Honour , Integrity and good Breeding . And that any Persons of Quality were so ridiculously Zealous as to Glory in their Severities against Men of Learning and Piety , is , I hope , to be ascribed rather to the Prejudices of their Education , than to any Perverseness in their Nature . The Spirit of Presbytery hath in it so much meanness and insolence , when it is attended with Force and the Secular Arm , that it cannot so much as counterfeit Civility ; wherefore it 's hoped that the Nation will speedily shake off this Yoke , which neither they nor their Forefathers could ever bear . Our Gentry are Men of good Sense and Education ; and tho' in the Western Shires some of them are byassed towards this New and Pedantick Tyranny , yet it is not possible to keep even them so much in the dark , as not to see the Novelty and Vanity of Presbyterian Pretencies : And therefore since Presbytery began to appear in its true Colours , they have lost the greatest part even of such of them , as they had formerly deluded . The Presbyterians from abroad have always spoke and written of the Episcopal Constitution with respect and veneration , because they found that the Bishops and their Adherents ( especially in England ) have been always the Glory and Defence as well as first Promoters of the Reformation . But the through-pac'd western Presbyterians , have lost all Thoughts of any other concern but of their own Model ; and tho' it never prevailed in its full force and tendency in any other Church upon Earth , yet they must measure all Mankind by that Standard . There is scarce a little ruling Elder * in the West of Scotland , but expounds the darkest Prophecies in Ezekiel , Daniel and the Revelation , with relation to the Covenant and the Reformation wrought by it . This is the great Secret of their Religion , the original spring that sets all their Endeavours in motion . They are a Covenanted People , i.e. linked and confederated together to advance and propagate their Faction and Discipline , which they upon all occasions , Blasphemously call the Kingdom of Jesus Christ . It is true , the Roman Domination is intolerable , but then to make the People bow under the weight of it , They pretend to Infallibility : The Presbyterians should follow them in this Pretence , as they do in the Severity of their Procedures , that at least they might be Consequential ; for they are as impatient of Contradiction as the Jesuits , from whom they have borrowed most of their beloved Tenets , and Arguments by which they endeavour to support them ; Especially their opinion concerning Kings , and the Independance of Clergymen upon the Secular Powers . And because without extraordinary Appearances of Sanctity and Devotion , the People cannot be wheedled into a belief of their Godliness and Honesty ; they confine the Name of the Godly only to themselves , as Papists do the Name of Catholick to them : And I have heard some of them say , That it was not possible the Power of Godliness should prevail , but under Presbytery : If it be so , the World is much mistaken ; I wish with all my heart we had better Evidences of Their Piety , than of late we have discerned : I am sure , and no less sorry , That some who advance and support their Fuction at present in Scotland , are remarkably profligate sensual and Scandalous Debauchees . Had we no other Evidences of their unchristian and immortified temper , but their late Injustice towards the Episcopal Clergy , we might be sufficiently convinced of their ill Nature . Their Hypocrisie was never acted with less Disguise , they are so bare-faced in their illegal Proceedings , they leave off to Counterfeit : They abuse the Power which is put in their hands , to that degree , that their Partiality is become the Talk of many of their own Adherents . Tho' the perverse Inclinations of the People , be no good Argument ( nay , that which Christianity is designed to subdue ) yet really they have as little Foundation in the Affection of the People , as they have in Scripture and Reason ; And this will appear upon the least search even into those places of the Nation where they boasted that there was none to contradict them ( I don't mean the West ) but some of the most eminent and populous Counties and Parishes even be South Forth , what do they think of the Shires of the Mers and Teviotdale , of the Parishes of Peebles , Dalkeith , Musselburgh and Aberlady , &c. and which is yet more troublesome to their Wisdom , They are all convenient Livings , and not far from Edinburgh . As for the Northern Country , we know what Esteem they are like to have there , by their late Reception at Aberdeen , when they want to offer the Gospel * there , for since they must be attended with Troops , it is no good Argument , of their having any great Foundation in the Affection of the People ; but indeed , the weapons of their warfare are only known to be mighty , because they are felt to be Carnal . Two Arguments I find lately insisted upon by some Patrons of that Party , to prove that the general Inclination of that Kingdom is for Presbytery . They are to be seen in P. 32. of a late Pamphlet , Entituled , A further Vindication , &c. The first is , That the Bishops durst never venture upon the Calling of a National Synod , even in that Period that Episcopacy stood by Law , lest some of the Clergy might assault the very Order of Bishops , tho' most of them had received Orders from their own hands . To this I answer , That , if the Author of this Pamphlet is is perswaded , That the most part of the Episcopal Clergy are for Presbytery , why then does he not influence the Presbyterians , to receive them into the Government , especially since he acknowledges that the Ministers cannot lawfully part with their share of Ecclesiastical Power to any other . The Factions in the State , rather than the Inclinations of the Clergy , was the Reason why the Bishops did not call a National Synod . And if the Author thinks that the Scotish Clergy are for Presbytery , how inexcusable is it in the Presbyterians to Prosecute them so violently when they have nothing to object against them , but that they complyed with Episcopacy , since the first Covenanters were as liable to this Accusations as any of the present Clergy . His next Argument is , That there was a Necessity to maintain an Army to Suppress the Insurrections of the Western Shires when the Government was Episcopal . This is rather a threatning , than an Argument , and we know very well , that since ever that Sect thrust up its Head above the Ground , they were troublesome to Authority , and will continue so as long as there is any matter for FACTION and REVENGE to work upon , for they Preach to their People that they may advance their own way , whether the Prince will or will not . But I leave it to the Author to judge what the Consequences should be , if the Episcopal Clergy ( who are now so cruelly trampled upon by their Insolence and Injustice ) should Preach to the People of their Communion the same very Doctrines that are Propagated by the Covenantors , if they Preached up Assassinations and Rebellions as their Enemies do , I suppose a more considerable Army would be necessary ; for it is certain , that the People that adhere to the Episcopal Clergy can fight much better than the Western Covenanters , and 2000 Men can keep these Shires very quiet at any time . But in stead of those lame Topicks which he fancies Demonstrations , I think a better expedient were to put it to the Poll of the whole Nation , which I know the Presbyterians will never be for . The Author is much mistaken if he thinks that the Plurality of the Scots Clergy are Presbyterians , though they are content , to joyn with Presbyterians in Church Judicatories in all those Duties that are uncontroverted . His Book is rather an Advice to the Presbyterians , than an Apology for them : For as long as the Constitution is such , as that it may be wrested , it 's certain they will use it not for Edification but Destruction , and the question in our present Circumstances is not what belongs to the Civil , and what to the Ecclesiastical Power , but what the Presbyterians have formerly done , what they do now , what 's likely they will do hereafter upon their own Principles , and whether or not they can ever be perswaded to profess their Repentance for what they have done . The Author indeed deserves thanks that he offers them a more moderate Scheme , and that he acknowledges their former Extravagancies , but in all the Book I see no proper Remedy for our present Confusions , and the truth is , there are many of his thoughts very just ; yet the true Remedy is not to offer Advice , but to pull out the Teeth of our Oppressors , and then ( and not till then ) every Man may sit under his own Fig-tree . However I intend this Author no Unkindness , who ( I think ) understands the World very well , and much better than he does some places of St. Paul's Epistles , and the Acts of the Apostles : Which I have no mind to examine fully in this Preface . Only let him be advis'd not to alledge for Presbytery that place of St. Paul to the Corinthians , The Spirits of the Prophets are subject unto the Prophets . For tho' this Text should be chang'd unto all shapes and figures , it can yield nothing to his purpose ; for it lignifies no more , than that the Prophets inspired by God were lest in the Exercise and Possession of their Reason , when they uttered their Prophesies , and this distinguished them from the Exstaticks and Enthusiasts who were possesed by Devils , and delivered their Oracular Responses in Fury and Transport . For the other mistake of the Apostolick Character , Pag. 4. It is no more than what is ordinarily said in all Presbyterian Systems , but when he Examines it a little more accurately , he will find by this especial Character which he appropriates to the Apostles ( and by which he distinguishes the Apostles from other Ministers ) that the Seventy Disciples are as much Apostles as the Twelve . I hope the Author of that Pamphlet will Pardon this Digression . His Book may be examined more seasonably in another Treatise . When ever he perswades the Brethren of his way to act like reasonable Men , they will meet with less opposition , and he himself will deserve the just Commendations of Prudence and Modesty . They have hitherto gloried in their Extemporary Prayers ; I love not at any rate to play with things Sacred , I know that Men in Private and in their Closets ought not be tied to Words or Forms that are prescribed ; for if we can fix our Attention on God himself , and the things agreeable to his Will , and suitable to our Necessities , we need not words , if we have but strong and fervent Desires for all things are naked and open to the Eyes of him with whom we have to do ; but when we go into the House of God , it 's long since Solomon advis'd to go with reverence , for he is in Heaven and we are upon Earth ; our words should not only be few , but very well weighed , and apt to beget in the Hearers , an awful sence of his Presence , and of the inconceivable distance between him and the Workmanship of his hands : Therefore the Wisdom of the Christian Church , thought fit in all Ages to put words in the Mouths of her Children when they approach the most High God in his House of Prayer : for it is very odd that we dare come into his House with less Preparation , than we do when we address to any of our considerable Neighbours : yet with the saddest regret it must be acknowledged , that the Presbyterians of late have to the Disgrace of Christian Religion , and of the Solemnity of its Worship , changed the Devotion of the Christian Church , into incoherent Rapsodies and Fopperies . I am confident ( not to mention the Blasphemies for Twenty two Years , and the New of Montross his Armies ; with which they were wont to run their Glasses ) if their Prayers but since the late Revolution , within the City of Edinburgh , and the Places next Adjacent to it , were but Printed and exposed to Publick View , all the Protestant Churches would abhor their way ; as the ready means to introduce and strengthen Atheism and Irreligion among the People . The Pulpit Blasphemies that have lately been belched out against Heaven in this Nation , cannot be related without Horrour and Indignation : Nor was God ever so much dishonoured by the Vanities of the Pagan Idolatry , as by the pretended Inspiration of our new Reformers , every little trifling occurrence that 's suggested to their Fancy , or casually tumbles in their Memory , is immediately cramb'd into their Prayers . But I have digressed too far , now then to return to my particular Theme . The Visitors put themselves indeed to extraordinary toll in examining the Masters of the Colledge of Edinburgh : And yet the Particulars they insisted upon were such , as they themselves knew , neither to be material , nor possible to be proved . They could not but think that the most remarkable steps they made in this Affair would readily come to light , and yet they were not so wise as to temper their Proceedings with the least Discretion ; so difficult a thing it is to hide what has got the Ascendant over all their Passions . A Calmer Method and Temperament would have served the Design of their Government to better purposes , If their Discipline may be called a Government , that 't every where attended with so many Complaints , so much Confusion and Anarchy . But I am not to teach them how to strengthen and propagate their Party ; for none can deny them the two principal Supporters of Faction and Schism , Impudence and Industry . They may think this Language something course and severe , but it is hard to change the Propriety of words . If we must speak of them and of their actings , the keenest Satyrs come short of their Oppressions and Falshoods . They had the Confidence at London to deny that some of the People of Aberdene had their Ears nail'd to the Pillory lately at Edinburgh , because they testified their respect to their own Episcopal Ministers , and would not suffer the Inquisitors to deprive them of the Blessing of their Doctrine and Presence . As also they deny boldly , That the Ministers in the West were drove out by the Rabble which they hounded out ; or that any Ministers were deprived in Scotland , who were willing to Comply with the State. They might have even as well said that the Sun has not shined in that Kingdom since the Covenant was abandoned by it , for these other things they assert are as universally known to be false as that is . There is no fear that ever their Party shall prevail where Men retain the love of Liberty and Humanity ; for tho' that poor Nation be at present run down by the most Arbitrary and licentious Practices of the Kirk ; yet the Common concern of Liberty , Morality and Society , may awaken Men at length to fix , and again to Establish something that may become the civilized part of Mankind , and upon which the Superstructure of Religion may be happily raised . When our Feaver is abated , and the Nation calmly considers its true Interest and Advantage . It 's not to be thought , that they will suffer an inconsiderable Company of Pedants , to continue Dictators either to the Church or the Universities . In their late Books , they promise to disprove the just ( but lame ) account given to the World , of the Cruelties and Oppressions the Episcopal Clergy hath met with in the Western Shires of Scotland , But this amounts to no more than that they are resolved to employ some of their Emissaries to make contrary Stories , and to varnish them over with all the little shifts and artificial Disguises they can invent , * when their Barbarities are already known over the greatest part of Christendom , and when the Reform'd Churches are all ashamed of them , and scandalized by them . If the Gentry and Nobility who were Commissionated to Visit the Universities , had come alone without their Chaplains , the Masters had not met with so much rudeness : for there are but very few of them so deeply sowred with the leaven of Presbytery . And if some may have forgot their Character , it is because they have nothing to recommend them , but the implicit Faith they pay to the Consistory . And now I have nothing more in order to the following Memoirs , to advertise the Reader of , but only that the Method of them is Natural , Easie and Distinct ; For first , the Author sets down the unsubscribed Libel , as it was prepared and given in to the Court , and to which the Masters were made to Answer upon the first hearing of it without the least delay . Secondly , The Answers made by particular Masters to those Libels . Thirdly , In their own very words is set down the Report of the Committee to the Commission concerning the Masters . Fourthly , The Animadversions on that their Report . And now to conclude this Preface , let not the Reader forget , That tho' Hundreds of Witnesses have been Summoned and Examined against those Masters whose Trials are hereafter related , yet nothing was proved of the least Consequence against any of them , only such things as they avowedly owned themselves , and for which they were rather to be commended than reproved . I heartily pray God the Nation may enjoy more Peace , Religion , Order and Unity , than can reasonably be expected from its present Model of Presbytery , and that our Country be no more imposed upon by such open and bare-faced Injustice , and Oppression , under the Pretence of Reformation . Presbyterian Inquisition , AS It was Practised by the Visitors of the Colledge at Edinburgh , in Their Proceedings against some of the Masters there , in August and September , 1690. THE Act of Parliament for Visitation of Universities , Colledges , and Schools , passes the Vote of the House , July 4. 1690. And by the said Act , the Visitours were appointed to meet at Edinburgh , the 23d of July , for the first Dyer , that they might divide themselves into several Committees , and lay down common Rules for Regulating the manner of Trying the several Universities within the Nation , according to the Instructions and Injunctions then agreed upon , as you may see more at length in the Act it self . Accordingly , a sufficient Quorum of them , met upon the 23d of July , 1690. and divided themselves into several Committees , as follows . For the University of St. Andrews . Earl Crawford . Earl Morton . Earl Cassels . Earl Kint●● . Master of Burley . Sir Thomas Burnet . Sir Francis Montgomery . Mr. James Melvil . Laird of Balconie . Laird of Nungtown . Laird of Meggins . Mr. Henry Rymer . Mr. William Tullidaff . Mr. David Blair . Mr. James M'gill . Mr. James Rymer . For the University of Glascow . Duke Hamilton . E. Argile . V. Stairs . L. Carmichael . Sir George Campbel . Sir Robert St. Clare . Sir John Maxwell . Laird of Craiggenns . John Anderson of Dowhill . Mr. James Smalle● . Laird of Lewchatt . Mr. Gabriel Cuninghame . Mr. George Meldrum . Mr. William Violent . Mr. George Campbell . Mr. John Oliphant . For the University of Aberdeen . E. of Marshall . V. Arbuthnet . L. Cardros . L. Elphingsston . Master of Forbes . Sir George Monro . Laird of Brodie . Laird of Grant. Laird of Grange . Moncrife of Rydie . Mr. Alex. Pitcairn . Mr. Hugh Anderson . Mr. Alex. Forbes . Mr. William Mitchel . Mr. Robert Willie . For the University of Edinburgh . E. of Louthian . L. Reath . L. Ruthven . Master of Stair . L. Mersington . L. Crosrig . Sir Patrick Hume . L. Hall Craig . Laird of Pitlivier . Sir John Hall. Sir William Hamilton . Mr. Edward Jamison . Mr. Hew Kennedy . Mr. John Law. Mr. James Kirton . Mr. Gilbert Rule * When they had thus divided themselves into Committees , they agreed upon the following Rules , by which they were to Regulate their Tryal . At Edinburgh the Twenty Fifth Day of July , 1690. Instructions from the Commissioners appointed by Act of Parliament , to Visit Universities , Colledges , and Schools , to the Committees Delegate for that effect . Imprimis , That the Committee enquire and take exact Tryal , of the Masters , Professours , Principals , Regents , &c. If any of them be Erroneous in Doctrine , and as to Popish , Arminian , and Socinian Principles , which is to be searched from their Dictates , or to receive Information from other Persons who have been Conversant with them , or have Heard them . 2 o. To Enquire and take Tryal , if any of the Masters , &c. be Scandalous , or Guilty of Imoralities , in their Life and Conversation . 3 o. To Try if any of the Masters be Negligent , and to enquire how many Conveniendums * they keep in the day , and what time they Meet , and how long they continue these Meetings , and how the Masters attend and keep them , and what Discipline they Exercise upon the Scholars for their Immoralities and none Attendance ; and particularly to enquire at the Masters , Anent the Office of Hebdomodaries , and how faithfully that is Exercised , and how oft they Examine the Scholars on their Notes : And to take Tryal , what pains they take to Instruct their Scholars in the Principles of Christianity ; and what Books they Teach thereanent for the Subject of these Sacred Lessons , and what care they take of the Scholars keeping the Kirk , and Examining them thereafter . 4 o. To Enquire into their Sufficiency , and that their Dictates be searched , and if they be suspect of Insufficiency to ask Questions and Examine them , as the Committee shall think fit . 5 o. To Enquire and take Tryal what has been the Carriage of the Masters since the late Happy Revolutions , as to Their Majesties Government , and Their Coming to the Crown ; and to Enquire into their Dictates or Papers Emitted by them ; what are their Principles as to the Constitution of the Government , by King and Parliament . 6 o. Likewaies , to call for the Foundations and Laws of the Universities , and to consider how they are observed , and to Try how they have managed their Revenues , and especially Anent the Money given for buying Books to their Libraries , and any Mortifications , Stents , and Collections , and vacant Stipends , and other Moneys given on any Account to the said Colledges , and if the * Mortifications for the several Professions be rightly applyed . 7 o. To Enquire and Try the Professours of Divinity , what Subjects of Divinity they Teach , what Books they recommend to the Theologues , and if they be remiss and careless in causing their Theologues have their Homilies and Exercises , and frequently Disputes on points of Divinity , as it is required . 8 o. To Enquire at the said Hail Masters , &c. If they will Subscribe the Confession of Faith , and Sware , and take the Oath of Allegiance to Their Majesties , King William and Queen Mary ; and to Subscribe the Certificate and Assurance , Ordained to be taken by an Act of Parliament in July 1690. And if they will Declare , that they do submit to the Church Government , as now Established by Law. 9 o. That the Committee appoint such of the Masters as they shall find Cause , to attend the next General Meeting of the Commission , which Order shall be equivalent , as if a Citation should be given to them for that effect . Having agreed to those Rules of Tryal , they appointed the several Committees to meet at the Respective Universities , on the 20th of August , thereafter ; Accordingly the Committee appointed to Visit the University of Edinburgh , met in the upper Hall , and Sir John Hall was Chosen Praeses ; The Masters met in the Library , and waited there about an hour and a half , till they were called to Appear ; and upon their Appearance , the Praeses told the Principal , that they would delay the Tryal of the Masters till that day Seven-night ; because they were in the first place , to dispatch the Schoolmasters , who were at some distance from the Town , and could not therefore so conveniently give their Attendance : But the true Reason was , That the Libels against the Masters and Professours , were not then so fully ready , as they designed them . Upon the 27th of August the Committee met , and spent some time in Reading the Libels , before the Masters were called to appear : A little after , they were pleased to call in the Principal Dr. Monro ; upon his Appearance , Sir John Hall desired him to Answer to the several Articles contained in his Indictment which he commanded their Clerk then to read openly , in the face of the Court and Spectators . Accordingly , The Clerk read the First and Second Articles , to which the Dr. answered ut infra , but finding that the Paper contained a great many Articles , He pleaded , That he was not obliged to Answer an unsubcribed Libel ; that , He should know his Accuser , And that this Method of Tryal was New , Unjust , and Illegal : That Men should be obliged to Answer so many Questions ex tempore . A certain Member of the Committee told the Dr. that it was no Libel , but an Information . The Principal answered , That a Slanderous Information , containing so many Calumnies , to the ruine of a Man's Reputation and good Name , was to him the self-same thing with a Libel : at least that he was not Lawyer enough so nicely to distinguish them ; but that he was sure the one had the same Effects with the other ; and since the thing was the same , he was not concerned by what Name it was called . The Committee-Man told him , It was to have no Effect till it was proved ; ( a Favour which they do not always grant ) The Principal replied , That there was a double Effect , That of Deprivation , and the loss of his Good Name ; and tho' the first was not Attained without Proof ; yet the last was sure to follow upon such a malicious Charge , since the People were but too apt to believe what was publickly informed , tho' it were not proved ; and so that which He called an Information , would have the Effect of a Libel , even in the worst sense that it could be taken . The Principal , wearied with Jangling about a word , and Conscious of his own Innocency , was willing to hear the worst they could say , and so the Clerk proceeded to other Articles : And after having read one Paper , another far more Impertinent and ridiculous was put into his hand to heighten the Libel ; The Articles whereof follow . Articles of Inquisition against Dr. MONRO , to which he was made to Answer before the Committee upon the 27 th of August , 1690. I. THAT he Renounced the Protestant Religion in a Church beyond Sea , and Subscribed himself a Papist . II. When Mr. Burnet the Regent being suspected to be a Popist , entered to the second Class , most of the Parents of the Children that were to enter to the said Class , enclined to put them back to the first Class , for fear of there being tainted with Popery ; But Dr. Monro made on Act in the Colledge , That none should go back , particularly Bailzie Gram's Son , who had entered to the first Class , was made to enter to the Second : Likewise , Dr. Monro went and told the Earl of Perth his Diligence and Care of Mr. Burnet , whom the said Earl thanked kindly , for his love to any that went under that Character . III. That he set up the English Liturgy within the Gates of the Colledge , a Form of Worship never allowed of in this Nation since the Reformation ; And tho' it were tolerated , yet no Toleration allows any of different Form of Worship from the State , to enjoy legal Benefices in the Church or Charge in Universities . IV. The Act for Visitation of Colledges requires , that none carry charge in them , but such as be well affected to the Government both of Church and State : But so it is , that it is known by all , that know Dr. Monro , that he is highly disaffected to both , as appears by a missive Letter written by him to the late Archbishop of St. Andrews , Dated the 5th Day of January 1689. And which may also appear by his leaving the Charge of the Ministry to shun Praying for King William and Queen Mary : and his rejoycing the Day that the News of Claverhouse * his Victory came to Town . And how much he Dislikes the present Government of the Church , may appear by the bitter Persecuting of all that Persuasion to the utmost of his Power . And particularly the breaking up of Mr. James Inglish his Chamber Door in the Colledge , and turning him out of the same , notwithstanding he had been in peaceable Possession thereof for many Years , and paid Rent for it : and all this betwixt terms , and the said Mr. James Inglish was willing to part with the Chamber at the Term. And this be did only because the said Mr. James Inglish Preached in a Meeting-House in his own Parish , being called to it by them ; And when the said Doctor was challenged for this ; He said , he would suffer none of such Principles to be within the Colledge . And when Mr. Gourlay was Licensed to Preach by the Presbyterians , the Students of Mr. Kennedys and Mr. Cunninghame's Classes beat up his Chamber Door , and Windows with Stones ; and pulling off his ▪ Hat , Cloak and Periwig ; and reproaching him with Phanatick , &c. They forced him to remove from his Chamber which he had possessed peaceably before , and when this Abuse was Complained of , and the Boys Names given up to the Principal , there was no redress given . V. At the late Publick * Laureation , He sat and publickly heard the Confession of Faith , after it had been approven in Parliament , rediculed by Dr. Pitcairn ; yea , the existence of God impugned , without any Answer or Vindication . VI. He caused take down out of the Library , all the Pictures of the Protestant Reformers , and when quarrelled by some of the Magistrates , gave this Answer , That the sight of them might not be Offensive to the Chancellor , when he came to Visit the Colledge . VII . When Mr. Cunninghame had Composed his Eucharistick Verses on the Prince of Wales , he not only approved them , but Presented them to the Chancellor with his own hand . VIII . That the said Dr. is given sometimes to Cursing and Swearing , an instance whereof is , be said to one of the Scholars , God Damn me , if it were not for the Gown , I would crush you through this Floor , or to the like purpose . IX . That the Doctor is an ordinary Neglecter of the Worship of God in his Family . X. That on Saturday last he Baptized the Child of Mr. James Scott in the Parish of the West Kirk , without acquainting the Minister thereof . Answer to the Articles given against Doctor Monro , upon the 27th of August , 1690. My Lords and Gentlemen . I Return you my humble thanks , for giving me a Copy of the unsubscribed Articles , given in against me upon Wednesday last : And by their being such , I find my self under no Obligation to take notice of them : Yet I make bold to intreat your Lordships Favour and Patience for some Minutes , to hear a more particular answer to that Paper , than that which I then gave , resolving to trouble your Lordships with none of the little shifts and Niceties of form that are usual on such occasions . I. That I Renoimced the Protestant Religion , and Subscrib'd my self a Papist , beyond Sea. This is a Spiteful and Malicious Calumny ; for as it is Libelled , it is not supposable that it can be true ; for any thing I know , The Papists require no Subscriptions of such as go over from the Protestants to their Party . If I had Inclinations to Popery when I was in France , it is more than the Libeller knows , and more than he will be able to prove ; and being now for Twenty Years past , by all the Evidences by which one Man knows another , * of the Protestant Religion ; any Man will see the Impertinence of this Suspition : It is not worth the while to give a particular Account of my Life , but I allow them to make the Inquisition as narrow as they can . And therefore if your Lordships think it worth the while , Mr. Reid , the present Serjeant of the Town Company ( who knew me all the time I was in France ) may be examined particularly upon this Head , or upon any other thing relating to my Life , and Behaviour . But your Lordships will consider I hope the impertinency of this Accusation , since it is not possible to be ordained a Presbyter of our Church , without renouncing of Popery ; And our Ecclesiastical Superiors , who ordained Priests and Deacons , according to the Forms of the Church of England , always since the Restitution took care ( I hope ) to distinguish Papists and Protestants , by the most Solemn Oaths and National Tests . Next let it be considered , whether I endeavoured to advance the Doctrines and Designs of the Roman-Church , since I entered into the Ministry , what good evidences for my being inclined to Popery ? Had I not a fair opportunity to take off the Mask some Years before the Revolution ? Was it any of the Sermons I Preached against Popery , in the High Church of Edinburgh and in the Abby of Holyrood-house , when our zealous Reformers were very quiet : To all which some Hundreds of the best Quality of the Nation , were Witnesses . And the Libeller knows this Article is set in the front , to make up the Muster , and for no other end , since he dares no more appear to make good this , than the other triffling particulars . Was it my Swearing the Oath of the Test once and again , or my recommending to the Scholars ( the first Year I came here ) such Books as I judged most proper to Discover and confute the Superstitions of the Roman Church . Had it not been far easier for the Libeller ( who hath no regard to Truth or Probability ) to have cast into this Paper more odious Crimes ? But I was in France , and therefore behoved to be a Papist , * and this is enough for this triffling Lybeller ; I am very sure none of the Papists ever thought me one . The second Article , is a Confirmation of the first , Mr. Burnet , was suspect of Popery when he came here , and I did all I could to get Scholars to his Class , * particularly I spoke to Bailey Grahame for his Son , and the Chancellour thanked me for the Care I took of Mr. Burnets Concern , and such as he was . The then Magistrates of Edinburgh , several of the Learned Colledge of Physicians , and all the Professors of this University will bear me Witness , that I left no stone unturned to keep Mr. Burnet out of this Colledge : And yet the Libeller hath the Honesty to accuse me , that Mr. Burnet was suspect of Popery ; Was this my fault , or was it truly a fault in Mr. Burnet , that he was Suspect of Popery ? The Lord Archbishop of Glascow and Sir Thomas Kennedy , then Protest , will vindicate me in this particular : For it is very well known how much I opposed Mr. Burnet's entry here ; a Gentleman of known Parts and Integrety , one of the Professors of Philosophy in the old Colledge of St. Andrews , was the Man I wished to fill up the vacance that happened by the Death of Mr. Lidderdale ; * but Mr. Burnet being once thrust in upon us , ( more by the Duke of Gordon than the Earl of Perth ) what could I do with him ? My care of this House obliged me to make him as useful as I could : He lay under the Suspicion of being Popish , but I knew this to be a Calumny ; and if I had not endeavoured to get him some Scholars , we should have wanted one entire Class in the Colledge : This is the true Reason why I spoke to Bailzie Grahame to send his Son to Mr. Burnet , and procured an Act of the Faculty ( for I could make none as the Libeller impertinently suggests ) that such as were Mr. Lidderdale's Scholars the preceeding Year should be taught for that Year , in no other Class but Mr. Burnet's who succeeded to his charge . This was no Arbitrary stretch of mine , but a just defence of the Current and usual Customes of the House ; for Mr. Burnet having the second Class , could expect none else but the Students that were taught in Mr. Lidderdale's Class the preceeding year ; but it is added , I did all this , because I favoured Popery , and the Chancellour thanked me for it . But this is a down right Lye , for I never Entertain'd the Chancellour with Discourses of Mr. Burnet , besides , for any thing I know , the Chancellour had no value for him . III. The next , is that formidable one , of Reading the English Service in my Family , in that Interval , when there was no National Church Government here . But the Libeller forgets , that this quite frustrates his first attempt ; They must be odd kind of Papists that Read the Service of the Church of England , upon the 5th of November ; But the Libeller adds , that the Book of Common Prayer was never allowed here since the Reformation ; does he mean that the Service of the Protestant Church of England was used here before the Reformation ; but to let this go , the Book of Common Prayer was Read in many Families in Scotland , ever since the Restitution of King Charles II. and Publickly Read in the Abbey of Hollyrood-house , in the Reign of King Charles the First , and I hope the Tolleration by King James did not Exclude the English Prayers : But upon Enquiry it will be found , that they were the first Prayers that were Read in Scotland after the Reformation ; for * Buchannan tells us expresly , as you see in the Margin , And Buchanans Testimony is the more Remarkable , that the Confession of Faith was Ratified in Parliament that very year , so that we have not only the private Practice of a few great Reformers , Wisheart , and several others , to justifie the English Liturgy ; but also the Solemn Concession of the whole Nation , who thought their Confession then Ratified , had in it nothing contradictory to or inconsistent with the Book of Common Prayer , Rites , and Ceremonies of the Church of England : And such as plead for their Separation from the Church of England , from the Practices of the first Reformers here , go upon an unpardonable Mistake in our History . But the plain Matter of Fact , is this , when I left off Preaching in the High Church : I advised with some of my Brethren , and the Result was , that we should Read the Book of Common Prayer , and Preach within our Familes , per vices , since most of them were acquainted , somewhat , with the Liturgy of the Church of England . Neither did we think , when Quakers and all Sects were Tolerated , that we should be blamed for Reading those Prayers within our private Families , which we prefer to all other Forms now used in the Christian Church : Neither had we any design to Proselite the People to any thing they had no mind to , else I might have Read the Liturgy in one of the Publick Schools within the Colledge . And it must not be said we were afraid to venture upon the Publick Exercise of it because of the Rabble , for during the Session of the Colledge , it is very well known in the City , that the Mobile durst not presume to give us the least Disturbance : However , the Matter succeeded beyond what we proposed or looked for ; we Preached to the People upon the Sundays , they came by hundreds more than we had room for , and very many became acquainted with the Liturgy of the Church of England , and perceived by their own Experience , there was neither Popery nor Superstition in it ; and when the Libeller knows it better , he will forbear his Violence and Foolish Cavilling . But your Lordships will not think I make all this Apology , as if I were diffident of the intrinsick Excellency of Common Prayer , or that I had done something that needs an Excuse ; for I look upon the Church of England , as the true Pillar and Centre of the Reformation ; and if Her Enemies should lay Her in the Dust , ( which God forbid ) there is no other Bulwark in Britain , to stop or retard the Progress of either Popery or Enthusiasme : And I wonder Men should retain so much bitterness against the Church of England , valued and Admired by all Foreign Churches , and whose Liturgie ( as it is the most Serious and Comprehensive ) so it is the most agreeable to the Primitive Forms ; But if there was no Law for it , there was none against it ; there was no National Church Government here then , and why might not we Read the Prayers of that Church from which we derive our Ordination to the Priesthood , since the Restauration of the King Charles the 2d . IV. But I am ( as it is said ) highly Disaffected to the Government in the Church and State , as appears by a Letter to the Arch-Bishop of St. Andrews , Dated January 5. 1689. Intercepted by Hamilton of Kinkell . But the Libeller should remember , that the Letter is of a much older Date than the present Government either in Church or State , and that at that time , things looked rather like a total Interregnum , than any setled Government ; and if that Letter ( Written in the time of the Tumuks ) retain any vestiges of Fervour and Impatience , your Lordships will impute that , partly to the troubled State of things , and partly to the hard and unchristian Oppression of the Clergy of the Western Shires : And let not the word Phanatick be extended to signifie a Presbyterian , further than the Presbyterians verifie the Name by their Practices : For I think there may be a Presbyterian , who may not deserve that Name , such as have been in France , and are in Holland . As to that Sentence , informing my Lord St. Andrews of a certain Clergy Man who had groaned under Episcopacy , I had it by Mis-information , I wrote it hastily , and now I Retract it , and am glad I have the opportunity to do so : I remember when the Letter was delivered to your Lordships , I was chafed into some degrees of Passion , that Hamilton of Kinkell should have used me so unworthily , as to break open my Letters ; for no Honest Man will break open other Mens Letters , without Order from the Publick ; and then I said , all the ill Offices that ever I did him , was to hinder once and again , Letters of * Caption against him ; and lest I should be said to upbraid Hamilton of Kinkell with the Kindness I never did him , let Mr. Alexander Monro ( who was then Attorney Agent for the New Colledge of St. Andrews ) produce the Letters I wrote him in favours of Kinkell , six or seven years ago , notwithstanding that he , the said Mr. Alexander Monro , had Orders to use Diligence against the said Kinkell , and to recover what was owing by him to the New Colledge : But this Gentleman's Ingratitude to Persons of greater Quality , who sav'd him from the Gibbet , is very well known over all the Nation . A Second Instance of my being Disaffected to the Government of the State , is , That I dimitted my Charge in the High Church , lest I might be obliged to Pray for King William and Queen Mary , &c. Let the Libeller consider the Paper by which I dimitted my Office in that Church , and see if there be any such Reason for my Dimission inserted in that Paper . I could Name other Reasons for my Dimission , besides those Mention'd in that Paper ; but the Libeller is very confident of his Guesses , without the least Evidence to found them upon ; and I do not believe that the Presbyterians were angry with me on that head ; that I left off Preaching in a Church , which they were so very fond to have in their own Possession ; and tho' the Labeller was very well pleas'd with my Dimission then , yet he can take it now by another handle , when he thinks to do me harm by it ; but such ill-natur'd Impertinencies should not be answered . The next is , That I Rojoyced upon the News of my Lord Dundee His Victory . This is pleasant enough : for he could Name no outward sign or expression of it ; he thinks I Rejoiced , and therefore sets it down as a ground of Accusation ; so , my Lords , it was impossible for me to shun this , unless I had been Dead some time before the Victory ; for this Libeller names his Conjectures , dark Consequences , and remote Probabilities , for sufficient Evidence ; for any thing he knew , this Joy appeared no where but on the inward Theatre of my Mind ; but to make the Story pass , why did he not name the usual and Extravagant Frolicks that attend such Mirth ? Where was it ? And with what Company ? Was he Invited to this Merry Meeting himself ? But this is no part of his Business , to circumstantiate things as common Sence and Justice would require in Accusations : This brings to my Mind , the Legend of Mother Juliana , that was said to smell Souls , and at a good distance to discern whether they were in the State of Grace , or under the Power of Sin. I have Answered once already , that it was an Impudent and Impious thing to pretend to Omniscience , and that I had some Relations in Mackays Army , for whom I was extraordinary solicitous : The Libeller does not think I Rejoyced at the fall of my Lord Dundee , I assure him of the contrary , for no Gentleman , Souldier , Scholar , or Civiliz'd Citizen , will find fault with me for this ; I had an extraordinary value for him ; and such of his Enemies , as retain any Generosity , will acknowledge he deserved it . And he should consider , that the Victories obtained in a Civil War are no true cause of Joy : Our Brethren , Friends , Acquaintances , and Fellow Christians must fall to the Ground . The Pagan Romans knew better things , than to allow of Public shews of Triumph upon such occasion . Bella geri placuit nullos habitura Triumphos . But the Libeller may prove more successful in his next Attempt . That I Prosecute all the Presbyterian Party to the utmost of my Power , But this is like all the rest of his bold Calumnies : I thank God I have no such Presbyterian temper , for I never hated any Man for his Opinion , unless by it he thinks himself obliged to destroy me and mine ; and such truly I consider as the Tyrannical Enemies of Humane Society . But he would have acted his part more skillfully , if he could have named some Dissenters in the Parishes of Dumfermling , Kinglassie , or Weems ( where I was once Minister ) that I had Prosecuted before the Secular Judge for Nonconformity , which I might have easily done , had I been so very sierce as the Libeller represents me , having easie access to the Greatest Men of the State at that time . But I give him and all his Associates open defiance upon this head ; not that I blame them that did otherways in Obedience to the Laws of the Nation , for their extravagant tricks did frequently require and extort it from some Ministers . The next Instance is , that I broke open Mr. James Inglish his Chamber Door , and ejected him out of the Colledge , for Preaching in a Meeting House in Perth-shire . But if Mr. James Inglish be a Presbyterian , it is more than I know . I heard that he was a Behemenist , I heard his Testificate from Oxford did bear that he was much devoted to the Church of England : And I know , that for his habitual Lying , and Slandering of his Brethren in the Presbytery of Perth , he was Deposed ( after an orderly and exact Process ) by The Right Reverend Doctor Bruce , then Bishop of Dunkeld , and that the Oath of the Test was never offered to Mr. James Inglish ; altho' to ingratiate himself with the Presbyterians at this Revolution , he pretends to be Deposed on meerly for not complying with that . But to my Purpose , I think , about three years ago ( the Colledge then being very throng ) several Gentlemen importuned me to procure Chambers for their Children within the Colledge ; at which time Mr. Inglish had no use for a Chamber within the Colledge , being for the most part absent : I sent the Janitor to him , and ordered him to tell Mr. Inglish that we were very throng , and I would take it for a great Complement , if he would part with that Chamber ; yet I ordered the Janitor to treat the said Mr. Inglish with all Civility and Discretion , and not to straiten him . The Janitor went as he was ordered : Mr. Inglish returned answer , That now indeed he had no use for a Chamber in the Colledge , but since he understood there was a design another should have it , he would not part with it , and he would keep it in spite of my Teeth : Some days after , as I was going through the upper Court , I met with some marks of Incivility from him . The next News I hear of Mr. Inglish is , that he had raised Letters of * Law-barrows against me , and offered himself to Swear before the Lords of Session , he dreaded me Bodily Harm . But the then Lord President Lockart rejected the Letters , with Indignation , without my Interposal or Knowledge . For I knew nothing of this Malicious diligence against me , until some of my Friends sent me the Letters of Law-barrows rejected in praesentia ; I gave this account of the whole Affair to Sir Thomas Kennedy , then Lord Provost of Edinburgh ; he immediately sent his Officers to discharge Mr. Inglish from the Colledge , who when they came , they did not break open his Door , nor was his Furniture cast out ; but after all this Provocation , I gave him all the days he sought , for ordering his things conveniently , and peaceably to retire . So much of Mr. Inglish his Persecution for being a Presbyterian : And I beg Your Lordships Pardon , that I have kept you so long upon this particular . But the Libeller adds , I was challenged for this , and returned answer , I would suffer none of Mr. Inglish his Principles to continue within the House . That I was challenged for this , is an untruth , and consequently I made no such answer . If by Principles he mean Faction , Contention , and Sawciness , I confess I did not love these Qualities ; but if by Principles , he means the New Opinions and Fancies , which denominate a Man a Presbyterian , I behoved to extrude several of the Students , who are likely to adhere more tenaciously to their Tenets , than Mr. Inglish can be supposed to do ; but some even of them so Principled will bear me witness , that I treated them with the same Civility I did others , according to their good behaviour . The next Man I Persecuted for being Presbyterian is Mr. Gourlay , and his Persecution did so exactly meet with the time of his being Licensed to Preach by the Presbytery ; Mr. Cuninghame and Mr. Kennedy's Scholars drove him from his Chamber , and no redress of all this . The Libeller is certainly very Critical and Exact in this part of his Inquisition ; for there was no mark of Contempt put upon Mr. Gourlay here ( says he ) until he Preached , and until he was Licensed to Preach by the Presbyterians ; this is wisely observed , for if I could have gotten Mr. Gourlay out of the Colledge I had accomplished a great design for Episcopacy ! It is not enough for the Libeller to Represent me as an Ill Man , but he must have me thought an Idiot . But the Matter of Fact , as to this Trifle , is , that Mr. Gourlay , some years before I came to the Colledge , attempted to teach the * Semy Class , in Mr. Kennedy's Absence : But the Boys then found him quite out of his Element , and drove him out of the Schools with Snow-balls to the Foot of the Colledge Lane. My Lords and Gentlemen , I appeal to you , if , after this Affront , it was ever possible for Little Gourlay , in so numerous a Society , to recover his Reputation , unless it be supposed , that so many Boys in Health and Vigour , should want all degrees of Petulance and Levity : I am sure he that tries them next , when I am gone , will find he has no Utopian Common-wealth to Govern : And yet I think they are as Obedient and Regular as so many Youths in any part of the World. When Mr. Gourlay came to me , I went with him , and I was so forward to punish the Youths , that before I heard them plead in their own defence , I fin'd some of them in a Pecuniary Mulct . But the Students finding that they were thus treated by Gourlay , they presently Caball'd themselves into a more numerous Combination , of which I knew nothing ; and then it was that Gourlay found it Convenient to retire . But as to this Second Assault made upon him , no complaint was ever entred , no Names were ever given up to me . And I again beg Your Lordships Pardon , that I have spent so many Lines on this impertinence . And Mr. Gourlay will pardon me , if I do not set down the particular Acts of Imprudence , open Folly and Ignorance , by which he made it impossible for him to live here without a Guard. Why the Students in Mr. Cuninghame and Mr. Kennedy's Classes should only be named , the Libeller and I both know a very good reason for it ; but because it would seem Malicious , I now wave it . V. The next Accusation is , that I heard Dr. Pitcairn at the late Publick Commencement , Treat the Confession of Faith at Westminster , in Ridicule , and Impugn the Existence of a Deity , without answering him . My Lords , my Patience is quite tired with this Impertinence : I was not in the Desk , nor bound to preside at those Exercises , and so not concerned to answer : But my good Friend , Dr. Pitcairn , is more able to answer for himself and me both than I am . Only , the sneaking Libeller is grosly Ignorant and Malicious , for the Doctor did not Impugn the Existence of a Deity , he endeavoured fairly , like a True Philosopher , to load some Propositions in the Thesis with this Absurdity ( Hoc posito sequeretur illud ) The most Sacred Fundamentals in Religion are thus , disputed in the Schools , not with a design to overthrow them ( as he ignorantly fancies ) but to establish and set them in their true light , that they may appear in their evidence : Is it necessary to answer the silly Conceits of such a Libeller , who should not be suffered to enter the Publick Hall , if he must Censure and Mis-represent the most exact and usual Methods of all Schools in Christendom ? Yet I foresaw that some Ignorant or Malicious People would mis-represent this Argument , and therefore I desired the Doctor to let it fall , and without any more he did so . VI. The next Crime is , I removed some Pictures of the first Reformers , for a day or two , out of their place in the Library , and that I was challenged for this by the Magistrates . To this I answer , That the Magistrates never challenged me for it ; for they knew well enough there was no hazard of my running away with them : But I gave the true and satisfactory Answer to this Article , to Sir John Hall , Provost of Edinburgh , upon Wednesday last , and it needs not be made Publick unless he please . And I am not very sollicitous whether ever the Libeller be satisfied about it , I hope the Nobility and Gentry , who sit here , will. VII . The next is , that I presented on Eucharistick Poem , Composed by Mr. Cuninghame , upon the Birth of the Prince of Wales , to my Lord Chancellour with my own hand . Where the Libeller had the word [ Eucharistic ] I know not ; it is his misfortune that some of his darling expressions discover him more frequently than he 's aware : It seems he had read upon the Frontispiece of the Poem , Tetrastic , and he stumbled as near as he could , by setting down Eucharistic , but by what Propriety of Speech he knew not ; I am sure the Bonefires , Illuminations , Glasses , and Wine flung over the Cross , were all of them as Eucharistic as the Poem , and the Town of Edinburgh should answer this , not I : Nay , the Council of Scotland Complemented the King on this occasion : Yet it may be the Libeller had some other design , by chusing some word near the Eucharist , that Mr. Cuninghame and I might be thought to advance the Doctrine of Transubstantiation . But that I gave the Poem to the Chancellour , beginning Trino nate di● , is acknowledged by me . VIII . The next is a Horrid and Impious Curse against my self , when I threatned one of the Scholars . My Lords , I did look for some such Accusation ; for it is not usual for the Presbyterians to load Men of a different Opinion from them with ordinary escapes : They must represent them as abominable , and as Sinners of the first rate ; for all that are not of their way can have no fairer quarter , yet I could not easily guess who should first invent this prodigious Calumny , a Lye so notorious , that it could not come out of the Mouth of an ordinary Sinner . The Story of this Scholar , and the true Original of the Slander is this . In the beginning of Nov. 1688. I found that Robert Brown the Plunderer ( who was then Mr. Kennedy's Servant ) had been for a good while practising upon some of the Students , to enter into Tumults , break all Order and Discipline , and to burn publickly some mock Effigies of the Pope : This certainly would have ruined the Peace and Order of our Society , many bad Consequences did frequently attend it : Not only were the Students debauched from their Books , but their Lives exposed every moment to hazard by the Tumults : Besides , that our Colledge had felt the bad effects of it some years before . Upon the account of this , and some other notorious Villanies , I procured Robert Brown to be imprisoned , however , at the same time I gave him a piece of Money to serve him that night , upon the marrow I pleaded he might be set at Liberty , upon his promise of amendment , which was done accordingly ; but the Villain grew worse and worse , till at last he became Captain of the Rabble ; and in requital of my forbearance towards him , he writes and fixes a Placade upon the Colledge Gate threatning to kill the Regents , ordering me to R●cant my Sermon against the Tumults , and charging me with all the Blood-shed at the Abbey * ( This Placade is still in my keeping ) Notwithstanding of all this , I forbore to extrude him upon plausible Considerations , at the intreaty of some , and still he went on in his wicked Course , and all the Robberies committed upon poor People were laid at our doors , as if our Scholars were to be blamed for his Extravagancies : At last he committed an Out-rage , which might have hanged a hundred . There was a Woman in my Lord President 's House , whom this Brown caressed and frequented , and she had a quarrel with another Maid-servant who was Popish ; immediately Brown is imployed by his Godly Mistress to banish the Popish Maid from the House . He willingly undertook the Service , gathered his Troop , and entered the House ( my Lady being in Child-Bed , and my Lord President himself at London ) Brown thus invading the Lord President 's House , my Lady was almost frighted to Death ; and we that were Masters of the Colledge thought our selves so disgraced , that the House of our Great and Learned Patron should be thus rifled in his absence , by one of our Scholars , when his Lady was lying in : And when we thought that my Lord President could not but be highly offended , to hear that we had thus requited him for many favours he had done to this University , I confess , I could no longer forbear , I went to the Class where Brown was , and called him to the upper Gallery , and gave him all his most proper names , and threatned him , if he did not immediately beg my Lady Lockart's pardon , I would break his Bones , all those big words I said to him , and the day thereafter extruded him with the usual swore : Upon which he frequently swore he would be revenged ; and told the under Janitor , Robert Henderson , that he had bought a pair of Pistols to shoot me ( one might have served ) I beg Your Lordships Pardon for this tedious and unpleasant story ; for none else but Robert Bown , or some of his Associates would ever have accused me of such an Impious Curse . And when the Libeller will be ingenuous ( which I do not expect ) he must confess the Original of this impudent Slander to be just as I have related it , and let him consult , as much as he pleases , Brown for more materials to make up a Libel ; for I assure him I think my self disgrac'd if he , or any of his Accomplices , speak good of me . XI . The next is , That I ordinarily neglect the Worship of God in my Family . Sometimes I am accused for having too many Prayers in my Family , and now that I ordinarily neglect Prayers ( for 〈◊〉 guess , by the Worship of God , he only means that part of it ) But this is a common place , and all of the Episcopal Perswasion must be represented as Atheists and Scandalous , void of all Devotion and Piety : But very few of any Sense or Quality will believe this impertinent Slander , either in the Country , or the City of Edinburgh where we are known ; therefore I thought it not worth any answer . X. The next is , I Baptized upon Sunday last Mr. James Scot his Child , without acquainting the Minister of the West-Kirk . When Mr. Patrick Hepburn , who is the Lawful Minister there ( tho' he be of the Episcopal Persuasion , as yet is neither Censured nor Deposed ) will find fault with what I have done , I shall indeavour to make amends ; but I need not fear any trouble this way , since I had his leave before : But the Libeller means Mr. David Williamson , the Presbyterian Mininister , who hath no Legal claim , either to the Benefice or Ministry there : This is a piece of the ordinary modesty of the Libeller , who is not concerned to enquire into this matter , nor do I decline to give a reasonable account of what I have done , to any body that asks it , no , not to Mr. Williamson , if he will but prove himself the Legal Minister of that place , and withall make good the New Paradox , wherewith he hath lately blessed the World , in his Sermon before the Parliament , viz. That our Saviour died a Martyr for the Presbyterian Government , then I acknowledge my self obliged , ●ure divino to beg Mr. Williamson's pardon : However , the Child is Baptized according to the form of the Catholick Church , and I hope they do not undervalue Ceremonies of Divine Institution so much , as to Re-baptize him . My Lord Provost , I was interrogate Wednesday last upon some other things , that I do not find in the Copy of Articles given me , as first , that I frequently Preached unfound Doctrine , but this is an impertinent and indefinite Accusation ( there is no doubt but the Libeller would have Preached otherways than I did , had he been in the Pulpit ) By this the Visitors may see , that the Libeller had no other design in his Head , than to gather together such Articles as he thought would make me most odious . What is Sound , or un-Sound Doctrine , he as little knows , as he does the Secret of the Philosophers Stone . Then again , That I thought my self independent on the Town of Edinburgh ; but I gave a full anser to this the last day . Then , That I went on to Laureat , the last Class , without acquainting the Magistrates of the Town , or the Treasurer of the Colledge . The Provost knows the first part to be a Lye ; besides , that it is not practicable , for this Civility and Deference to the Magistrates runs in course , and cannot be omited . That I did not wait upon the Treasurer , is become a fault only since we had a Treasurer that mistook his Figure , for when he knows himself and the Colledge better , he will forbear such Impertinencies . The next was , That I did not punish the Scholars for Whoring and Drinking . There was not one Scholar , since I had the Government of the Colledge , Convict of either , nor so much as complained of ; but it is naturally impossible for him to forbear Calumny ; the Viper must either burst or spit his Poison . I was then again interrogate about the Bursars of Theologie and Philosophy ▪ to which I gave a full Answer on Wednesday last . Upon Thursday the 18th of Sept. 1690 , the Inquisitors sat and some of the Presbyterian Ministers having look'd over the publick Records , thought they had discovered a dangerous Plot 〈◊〉 the occasion whereof was this By King James's Proclamation for Indulgence we could not impose the former Oaths upon our Students , when they commenced Masters of Art , and therefore , lest they should go oft without any ingagement , the former Oath was comprized into this short Promise Pollicemur in Deum fidem inviolabilem , in religions Christiana Reformata perseverantiam erga serenissimum Dominum Regem Obedientiam , &c. But it fell out so that the word [ Reformata ] was left out in some place , by which they would conclude either that the Promise was indefinite , or that there was a Blank left to be filled up upon occasion with a word , in favours of some other Religion different from the Reformed . If the first be intended , it is no new thing to find the Students here Sworn to Oaths as indefinite , as this is ; for the Puritas and Veritas Evangelii , in the Oath imposed by Dr. Golvil , is coincident with the Christian Religion , mentioned in the Form now challenged ; for I never understood by the Protestant Religion any thing but Christianity unmixt . But if this be said to be too general , look the Records , Ann. 1662 , and ye shall find that there is not the least mention of Religion in the Oath Imposed . If the second be said that there was a Blank left on design , it is humbly desired to know what the design could be ; the Bibliothecarius is ready to depone that he never intended a Blank , nor was he ever ordered a Blank ; and the rest of the Masters may be interrogate , whether ever they knew of any such design . So that this Phrase , Religio Christiana , without the word [ Reformata ] once varied , is purely the Result of Chance , and no Design . At the Doctors first appearing , it was talked of with that warmth and concern , that he thought the Gun-powder-Treason was in the Belly of it ; so that the Bibliothecarius his Deposition , who Swore that he wrote nothing in the Book , but by Order ▪ is not to the purpose , unless he acknowledge a Bla●●●●●gned by him in that manner of Writing , and Ordered by the Doctor or some of the Masters ; all this bustle comes to nothing , unless the Christian Religion in the formula of Promise now challenged , signifie the Anti-Christian Religion ; and if that be , I have no more to say in his defence . The Report of the Committee , concerning Doctor MONRO . At Edinburgh , September , 23 , 1690. THE Committee considering that Doctor Monro Princicipal of the Colledge of Edinburgh , did Judicially refuse to comply with the Qualifications required by the Act appointing the Visitation of Colledges , except as to his Subscribing the Confession of Faith ; as also it appears by his written Answers , Read and given Judicially by him , that such as were Mr. Lidderdale's Scholars the preceeding year , should be Taught that year in no other Class , save Mr. Burnets , ( who he confesses lay under the suspition of being Popish ) under pretence of making a gap in the Colledge , and for other Reasons known to the Primar himself , as the Act bears ; and he does not alledge , that he used Means to cause Master Burnet purge himself of the said suspicion : And further , that he did take down the Pictures of the Protestant Reformers out of the Bibliotheque , at a time , when the Earl of Perth , the late Chancellour , came to Visit the Colledge , without any Pretence or Excuse , but that the late Provost of Edinburgh did advise him thereto ; And that on the 23d of August last , he Baptized a Child in the Parish of the West-Kirk , without acquainting of the Minister of the Parish , or License from him ; which is contrare to the Rules of the Established Church Government ; As also that he acknowledged , that he had no Publick Dictates one whole year , but only Catechizing ; And that it appears by the Publick Registers of the Magistrand Laureation ; That whereas , from the year 1663 , and till the year 1687. the Magistrands were alwaies Sworn to continue in the Verity and Purity of the Gospel , or in the Christian Religion Reformed according to the Purity of the Gospel ; yet in the year 1687 and 1688. when Doctor Monro was Principal , he takes the Magistrands obliged only to persevere in the Christian Religion ; and this Blank is found three several times in the Book , viz. at two Publick Laureations , and a private one ; and the Doctor having laid the blame on the Bibliothecarius his negligence , and craving the Bibliothecarius might be Examined thereupon ▪ He being accordingly Sworn and Examined , Depones , that what he wrote in the Magistrand Books , was either by direction of the Primar or of one of the Regents , and in Presence of a Faculty , or of a Quorum of them ; and that what he did write , was alwaies Read over in the Presence of the Masters and the Scholars ; and particularly the alteration of the Promise made at the Graduation , in the year 1687 , as also the Committee considering , that at the two last Laureations , in the year 1689 and 1690 , neither Oath nor Promise was required at the Graduation . It is therefore the Opinion of the Committee , That Doctor Alexander MONRO , Principal of the Colledge of Edinburgh , be Deprived of his Office , as Primar there ; and that the said Office be Declared vacant . There is a Letter Written by the said Doctor , and Directed to the late Arch-Bishop of St. Andrews , Dated Jan. 5. 1689. owned and acknowledged by the Doctor to be his hand write , the Consideration whereof is Remitted to the Commission . The Sentence of Deprivation against Dr. Monro . At Edinburgh , September 25 ▪ 1690. THE Lords and others of the Commission appointed by Act of Parliament , for Visitation of Universities , Colledges , and Schools , having this day heard and considered the above written Report of the Committee of the Colledge of Edinburgh , anent Doctor Monro Primar of the Colledge of Edinburgh ; Deposition and other Instructions produced , and also Doctor Monro being ask'd , if he was presently willing to Swear the Oath of Allegiance to Their Majesties King William and Queen Mary , and to Sign the same , with the Assurance , and the Confession of Faith , ( which formerly he had offered to Sign before the said Committee ) and if he would Declare his willingness , to submit himself to the present Church Government , as now Establish'd ; The said Doctor Monro , did Judicially in Presence of the said Commission , refuse to Sign the said Confession of Faith , and to take the said other Engagements , required to be done by the said Act of Parliament : And also did Judicially acknowledge his written Answers produced before the Committee ; and did Confess , he caused remove the Pictures of the Reformers out of the Library : Therefore the said Commission , approves of the foresaid Committees Report , and finds the same sufficiently Verified and Proven ; And hereby , Deprives the said Doctor Alexander Monro of his Place , as Primar of the said Colledge of Edinburgh , and Declares the said place Vacant . Sic Subscribitur Crafurd , P. A Review of the above-mentioned Report of the Committee , appointed to Visit the Colledge of Edinburgh , concerning Doctor Monro . The Report . THE Committee Considering , that Doctor Monro Principal of the Colledge of Edinburgh , did Judicially Refuse to comply with the Qualifications Required by the Act appointing the Visitation of Colledges ; except , as to the Subscribing the Confession of Faith. Review . First ; It cannot be denied , but that the Doctor did once and again , deliberately , plainly , and openly , refuse to comply with the New Test , appointed by the late Act of Parliament for Masters of Universities ; but then it is necessary for Strangers to know what this Test is , and then they will see , upon what Design it was invented , and why it was Imposed upon Masters of Universities , and not upon the whole Clergy of the Nation . First , All Masters of Universities , were required to Sign the Westminster Confession of Faith in every Article , and to hold every Article de fide , without any Limitation , Explication , Restriction , or Latitude : When the Doctor gave in his Answers to the Committee , he was that Afternoon asked , if he would comply with the Act of Parliament ; he told them , he had considered the Act of Parliament , and he could not comply with it : For , said he , it is needless to insist on particulars , though I should agree to it in some Instances , I cannot comply with it in its full Extent ; and , in our Language , this is molum ex quolibet defectu ▪ bonum ex integra causa ; thus he answered once , so he had Reason to expect , they would never give him any trouble about this Question . But the Committee upon the 〈…〉 day of August , would needs ask him again , whether he would Sign the Westminister Confession of Faith ; The Doctor thought this question was asked to satisfie their private Curiosity , not at all with regard to the Report they were to make to the General Commission ; since he positively told them before , that he would not comply with the New Test ; therefore he yielded so far to their importunity , as to tell them he had no great scruples against the Confession of Faith , and that if the Westminster Confession of Faith , was imposed , as Vinculum Unitatis Ecclesiasticae , and nothing else required , he might be induced to comply with it very chearfully ; he was then removed , and in the Interval of his absence before he was called again , one of the Ministers desired , that no more Questions should be asked , for in Case , said he , ( He should comply with the other particulars of the Test , where are we then ) I had this from a Person of Honour who was present , a Member of the Visitation : But as long as the Test stood as now it stands , Mr. Kennedy , if he be the Man , needed not be so much afraid of the Doctor 's Compliance : This Confession , as to the Confession of Faith , is by their Sentence , made to contradict his publick refusal to Sign it before the Commission ; as if every Article of that Book should be received as Infallible Truth ; was it not enough , that he was content to Sign the Confession of Faith , with that Freedome and latitude , the Protestant Churches used to impose Confessions upon their Members : But the Earl of Crawford , Praeses of the General Commission , asked the Doctor when he was sisted before them , whether he would Sign the Westminister Confession of Faith , without Restriction , Limitation , Explication , or any Reserve whatsoever ; To this , the Doctor Answered plainly and resolutely , he would not ; nor are Confessions thus imposed in any Protestant Church upon Earth ; they look upon them as Secondary Rules , and consequently to be Examined by the Word of God : And the most Accurate Humane Composures , may afterwards be found in some one Instance or other , to have swerved from the Infallible and Original Rule of Faith ; but the Presbyterian Severity may appear in this , that they Read the Scriptures with design to defend their own Dictates ; whereas , others Read all Dictates with an Eye to the Holy Scriptures : The Doctor was content to Defend and Assert upon all occasions , all these Articles in that Book that were Uniformly Received in all Protestant Churches ; Nay more , he was content never openly and contentiously to Dispute against any of the Doctrines contained in that Book , so as to advance Faction or Parties ; But to Sign the Confession of Faith in all Articles , and to hold every one of them to be de fide , he thought not consistent with the Freedome of Universities and Schools : They might have Learned to be a little more Modest , from the Practice of the United Dissenters in and about London , who allow any Man to be an Orthodox Christian , and fit to be Received into their own Refined Communion , if he hold the Doctrinal part of the 39 Articles of the Church of England ; But the Presbyterians , tho' they have no Standard of Unity , yet they are mightily Rigorous in their Impositions ; and it is a little odd , that they should have mentioned this , concerning the Confession of Faith , in their Report , since the Doctor once and again , told them before the Committee , that the Condition that Qualified Men by Law for their places in Universities , was a complex thing , which he could not comply with ; such a Rigorous Imposition was never intended by the Parliament : They thought it necessary for Masters of Universities to Sign it , as vinculum pacis Ecclesiasticae ; but the Ministers were to Comment upon the Act , and extend it as was most subservient to their Design : The Presbyterians are against Infallibility in the Theory , but will not allow their own Dictates to be Disputed ; yet when this Confession first appeared , they themselves did not Receive it without Restrictions and Explications ; But if there be so much Mischief in Impositions ; ( as sometimes they would make us believe ) It is in those of this kind , where our Understandings are Captivate to believe the lesser Niceties and Decisions of Dogmatick Men , to be de fide ; which ( with leave of the Presbyterians ) I reckon a far greater and more Spiritual Bondage , than Bowing of my Knees when I Receive the Holy Eucharist : If Men were so Wise , after our endless and Foolish Disputes , as not needlesly to multiply the Articles of our Faith ; how quickly might the Christian Church be United on its Apostolical Center , of Unity and Simplicity ; The Papists will not part with one Barbarous word , nor the Presbyterians with the least Iota of their Orthodox Stuff ; though they plead the Tenderness of their Consciences very loudly , when they are only bid do things in their Nature indifferent , to preseve External Peace and Uniformity . The next Branch of this Test , was , The Oath of Allegiance to King William and Queen Mary . One great piece of Policy , which the Presbyterians manage against the Episcopal Party , is , never to require Obedience to the Civil Authority , without the mixture of some Presbyterian Test ; when this Severity is complained of , they Clamourously Alledge , that the Episcopal Party are Enemies to King William and Queen Mary , and openly in the Coffee-Houses at London vent , that there was none of the Clergy of Scotland , met with any ill usage , but merely upon the account of their Disloyalty to King William and Queen Mary : upon the whole Matter , I have no more at present to say ; but that the Presbyterians are never so much out of Humour , as when they know their Opposites heartily complie with the Civil Government : Then they find it a little more difficult to turn them out , tho' this trouble amounts to no more than the forming of a Libel of Scandals , and judging them that are Libelled , by the same Men that Accuse them . But the Presbyterian Hypothesis ( when its Consequences are duely considered ) allows no true Allegiance to any King upon Earth ; if after all , there lies no Appeal from the Ecclesiastical Court to him , to whom I Swear Allegiance ; for two Co-ordinate Supreme Powers in one State , is a Contradiction ; and therefore , whenever I am required to Swear Allegiance to the King ; The first thing I humbly crave , is , to be delivered from that Presbytery , which will supersede that Allegiance upon occasion ; for it is not enough to tell me , that the Power of the Presbyterians is Spiritual , and the other is Secular ; for I feel their Spiritual Power meddles with all my Temporals ; that tho' I hear the Voice of Jacob , I am oppressed by the hands of Esau : And tho' it is an easie thing for them to tell me , they only meddle in Ordine ad Spiritualia ; yet , that is but a word , and but a Foolish one too ; for by the same Logick , they may cut my Throat , as well as turn me out of my House and Living , and both may be said to be in Ordine ad Spiritualia : But every Man knows , how inconsistent the Presbyterian Principles are with the Royal Prerogative of Kings : And it is very hard to leave the Episcopal Clergy to their Mercy , who , by their Hopes of Heaven , are Sworn to destroy them in the Solemn League and Covenant , which is still the Standard ; and tho' they think it not time all of them again to Renew it ; yet they magnifie it on all occasions , and Act exactly conform to it . The next Branch of the New Test , is , the Certificate or Assurance , which you may Read in the Act of Parliament : If Allegiance , Naturally imply an Affectionate and Sincere Resolution to serve the King , against all others upon all occasions ; then some will say , this additional tye of Fidelity , is superfluous ; I am sure that many in England who will endeavour to serve the Government with all Chearfulness , and Zeal , could not be made to Subscribe any such Declaration as this is : But let it be Remembred , that when this Act passed in Parliament , very few either of the Nobility or Gentry were present . The Fourth Article of the Test Requires , that they should submit to the Presbyterian Kirk Government ; for if they had complyed with the former three , this was a sufficient reserve for the Presbyterian Interest ; every thing the Masters did or said , good or bad , might be turned into a Libel , and they were Judges of what every Libel deserved : Their Discipline is a bottomless Abyss ; the Masters behoved to be Tenants at will , if once they submitted to their Government : It was an easie thing for the Presbyterians to From Libels : Nay , rather it is impossible for them not to form them ; for so many of them desiring to be thrust into these places , it was folly to expect any peaceable Possession . And if there were no other reason to refuse the Test now appointed ; but that it required Submission to Presbytery , I think any knowing and ingenuous Man might be excused for his non-compliance . Now you have seen the Test in all its Branches , and Strangers will be surprized , to hear that there are no Oaths at present required in Scotland of any Clergy Man , but only of the Masters of Universities . The reason is this , the Presbyterians intended speedily to plant themselves in these places , and for the rest of the Clergy they doubt not quickly to dispossess them of their Livings , by the Power of their Government , upon such pretences as they can easily devise and suggest against them . Such of the Presbyterians as entered into the Universities took the Oaths ; but it was thought sit to impose no Oaths upon the whole Body of the Presbyterians , that the Kirk might preserve its independency upon the State ; so this Law was not made for the Saints , but for Wicked Men and Malignants . They know they may dispatch the rest of the Clergy by methods , such as are frequently complained of : For who can stand before the force of Presbytery ? Sternit Agros , sternit sata laeta , Boumque labores Praecipitesque trahit Silvas . Like an impetuous Torrent that runs all down before it . Report . As also it appears by his written Answers read , and given judicially by himself , that he made an Act of the Faculty , that such as were Mr. Lidderdale's Scholars the preceeding year , should be taught that year in no other Class , than that of Mr. Burnet's ( who he confesses lay under the Suspition of being Popish ) under pretence of making a Gap in the Colledge , and for other Reasons known to the Principal himself , as the Act bears . And he does not alledge that he used means to cause Mr. Burnet purge himself of the said Suspition . Review . There are here a great many things jumbled together , and therefore they must be explained more particularly . But it was not possible for the Ministers that drew up this Report , to have contained more Non-sence and Malice in so few words . And some Persons of Quality , who were Members of this Visitation , doe confess that the Doctor did nothing in Mr. Burnet's affair , but what they would have done , if they had been in his Circumstances : But the matter of Fact is this : There fell a Regents place vacant in the Colledge of Edinburgh , by the Death of Mr. Lidderdale : Mr. Burnet had his eye upon this place a good while before Mr. Lidderdale died , and so prevented the diligence of all Competitors : He was recommended very strongly to the Provost , and other Magistrates of Edinburgh who are Patrons . The Doctor , upon the death of Mr. Lidderdale , fixed his eye on Mr. James Martin , Professour of Philosophy in the Old Colledge of St. Andrews , his particular Friend and Acquaintance , who had taught Philosophy several years in that Famous University , with great Success and Applause ; and did recommend him with all the Zeal imaginable to the Magistrates , that he might be chosen in the room of Mr. Lidderdale , now deceased ! Several Divines and Physicians , Men of unquestionable Learning and Reputation , in the City , know that the Doctor used all means to keep Mr. Burnet out of the Colledge : But Mr. Burnet ( being recommended by the Duke of Gordon , and his Friends at Edinburgh being pre-ingaged to lay hold upon this advantage as soon as there was occasion , ) prevailed in this Competition , notwithstanding the Doctor , and several other Friends , did with all Vigour interpose in Favours of Mr. James Martyn . Mr. Thomas Burnet had emitted some Theses , in which were some positions favourable to the Absolute Power of Kings , and particularly the King of Scots : It seems this was magnified by the Person of Quality that recommended him to the Town of Edinburgh ; several People did upon this suspect him either to be a Papist , or not far from Popery , if any strong temptation did assault him ; and this was industriously propagated by some against him ; so that many were determined to keep back their Children , either from his Class , or from the Colledge for good and all . The Doctor found that the Colledge was at a disadvantage by such Reports , as were founded on slight Surmises , and therefore he was at the pains to undeceive some Citizens and others , that Mr. Burnet was no Papist ; and this he had good reason to do , because Mr. Burnet , as soon as he entered Regent in the Colledge of Edinburgh , offered chearfully to sign the Test , and Renounce all Popery and Phanaticism . And therefore the Doctor ( having nothing in his view , but the publick advantage of the House , and that there might be an even ballance betwixt the four Professours of Philosophy ; and that none of them might make a Monopoly , either of the Scholars that came to be taught , or of the Profits got by them ) took all possible care to make Mr. Burnet as useful as he could , tho' he was thrust into that Colledge against all the endeavours the Doctor could use to keep him out of it . If he had done otherways , and suffered such reports to flie abroad , the Country would have concluded all the Masters in the House were Popishly affected , and so withdrawn their Children from the Seminary . The fear that many would absent themselves from the Colledge on this occasion , touched the Doctor to the quick , and made him struggle with all possible Industry to keep up the Reputation of that House , especially since the Government of it was committed to him , and that it had flourished for many years before he entered under the Inspection of his Learned Predecessours . And lest some other Professours might take advantage of the misfortune Mr. Burnet lay under , he procured that an Act of the Faculty should pass , that the Scholars who had been in the preceeding year taught their Greek in Mr. Lidderdale's Class should be admitted to no other Class , for that year , but Mr. Burnet's , who was orderly brought into his place . This was the current uninterrupted Practice of the House , and of all other Philosophy Colledges in the Nation : Here was no Arbitrary stretch , nor no Statute of the House violated , and no Member of the Faculty was forced to Vote otherwise than they pleased . This account of the Act that passed in the Faculty , in favours of Mr. Burnet , is in it self Reasonable , Just , and True ; how then can the Inquisitors pretend there was another Design , than what is alledged by the Doctor ? They 'll tell you there was another Design ; the Doctor favoured Papists , Mr. Burnet was a Papist , and that was the Reason why the Doctor wished many Scholars to be taught by Mr. Burnet . It is natural for such as never designed well in their life , and never with regard to the publick advantage , to suspect the most Laudable and Innocent Actions to proceed from the worst Principles and Designs ; Did Mr. Burnet truly teach any Popery ? Or did the Doctor recommend to him to teach Popery ? Did any of his Scholars ever hear him teach any thing that looked like Popery ? No , that cannot be alledged ; but it was fit for the Presbyterians to say so , and tho' they could bring no proof for what they say , yet they impudently insist on it . If they had not lost all sence of common Modesty , they might have learned more Discretion . But let us examine more narrowly the Reasonings of this part of their Report . They tell us , in the first place , that the Doctor made an Act of the Faculty : This is an Impertinence ; for tho' he presided in the Faculty when it met , he could by himself make no Act. The Reasons , perhaps , he alledged for the Act , might determine his Brethren to Vote , as he did in that juncture . They tell us next , that the Doctor confesses that Mr. Burnet lay under the suspicion of being Popish . It is true , that in the second Article of the Libel formed against the Doctor , the Presbyterians say , that Mr. Burnet lay under the suspicion of being Popish . Those words of their own Libel , the Doctor repeats in his Answer to the second Article ; and this Repetion of their own words , they make to be the Doctors Confession . This must needs proceed from , either unpardonable Malice , or Stupidity . For in what sence can it be said , that the Doctor confessed that Mr. Burnet was suspected of Popery ? Was it any fault of his , that Mr. Burnet was suspected , or can Mr. Burnet himself be blamed that he was suspected ? The least mistake may occasion one to be suspected , and yet he may be very innocent ; notwithstanding of all the Suspicions that may be to the contrary : This is a malicious and foolish way of Reasoning ; for the most publick Spirited , and most innocent Men may be Suspected and Libelled too by Malice and Envy , and yet continue in their Integrity . Let me expose this way of Reasoning a little more familiarly . A very Eminen , Member of the pretended General Assembly , is suspected to have Inriched himself with a part of the Money given by the Sectarian Army to the Presbyterians , when the King was delivered up at New-Castle : Is the General Assembly to be blamed , because they did not oblige this Man to vindicate himself from this Suspicion , before he sat in the Assembly ; or was that Member himself to be blamed , because he was suspected of it , unless there can be some evident proof brought , that he did actually receive a considerable Sum of Money from the Sectarian Army , upon the former consideration : I believe neither that Member , nor the General Assembly , will allow of this way of Reasoning , when it is applied to their own Case . I 'll make it more clear yet , by one or two Instances . Another great Reformer in Fife , is suspected of being accessary to the Murder of Dr. Sharp , Lord Arch-Bishop of St. Andrews , and it may be this Suspicion is founded upon better Reasons than the other , of Mr. Burnet's being a Papist ; do they therefore think it reasonable to treat him as if he were a Murtherer : There is no doubt they will be more merciful , if they remember his Service to their Cause . There is one Urqhart who is suspected to have spoken Contemptuously of the Lords Prayer , and our Blessed Saviour , for having Composed it , and of doing this in the most blaspemous Expressions ; do they therefore think he should be ston'd to Death , upon the account of this Suspition ? For my part I do not think Suspition a just Reason against any Man. Our Saviour himself was said to be a Wine-bibber , a Friend to Publicanes and Sinners ; and all the Innocence of Heaven , and Lustre of his Divinity , could not keep him from being Censured by the Pharisees ; so I hope we need no more insist upon this : When the Doctor is turned out , and when they consider seriously , they may perhaps acknowledge they ought to have Reasoned better . But we are told , the Favour done to Mr. Burnet , was under pretence of making a Gap in the Colledge ; so it is insinuated , that , what-ever the Doctor pretended , the true design was to advance Popery ; at this rate it was not possible to do , or say any thing , no , nor to look to any quarter of the Colledge , but what might be suspected of having some Popish Plot in it . But was the Doctor observed to keep Company with Mr. Burnet more familiarly than he did with other Masters ; no , this is not , nor cannot be alledged , for to tell the plain Truth , he never Treated any Man in his Life so roughly , as he did Mr. Burnet sometimes , for which he blamed himself afterwards ; then in the Name of Common Sense and Modesty , tell me , where lay the Popish Plot : If the Doctor had not obviated the Lying Reports that went abroad , of Mr. Burnet's being a Papist , one of the four Classes had been wanting in the Colledge ; and if this had truly fallen out by his Laziness ; had it not been a great disadvantage both to the Town and Colledge , and to the Doctor 's own Reputation ? Would it not been said , that the Colledge Flourished formerly , but now , since it had a Governour that understood not the Interest of it , it decayed in its Number , Order , and Splendor ? This would have been the just Consequence , if Mr. Burnet had not been Vindicated from the Suspition of being a Papist ; And they that now manage the Argument against the Doctor , would have been the first and loudest Accusers of his Conduct ; but it seems , that they thought it no prejudice to the Colledge to want one intire Class : It 's true , the Doctor might have suffered Mr. Burnet to sink or swim , without his Assistance ; and perhaps he would have done so , if there had been nothing in it , but Master Burnet's private Interest ; but when the Reputation of the Colledge was in hazard , any Man of Common Sense would excuse the Doctor , to interpose in that Affair with all Vigour and Application ; It may be , they have no Notion of the Principal 's Office ; but , that he must be some Grave un-active Thing , that must be thought Wise , because he cannot speak , and a Prudent Governour , because he dares not meddle with their Disorders : But we are told , That the Act runs thus ; That the Doctor procured the Act , in favour of Mr. Burnet , for several Reasons known to himself ; The Doctor does not deny , but that when the Act of the Faculty was made , some such Expression might have drop'd from him , that such an Act was necessary for several Reasons , not fit to be insisted on particularly in that Conference ; And when the Reader considers the Reasons that are already given , he will find there was just Cause for that you to make such an Act ; tho' no Reason ( at all can be given for compelling the Masters to give such a particular account of their Administrations in so trifling an Occurrence . But they insist on another Argument , to prove that the Doctors Concern in this , had in it some one Popish Design or other ; because the Doctor does not alledge , that he used means to cause Master Burnet * purge himself of the said suspition of being Popish . Here is Modesty with a Witness ; how could the Doctor Alledge in his own Defence , what he enjoined Mr. Burnet to do in Order to his Vindication : unless the Inquisitors had given the Doctor a particular occasion to tell , whether he did oblige Mr. Burnet to Vindicate himself or not ; did ever any of them that were Members of that Committee ask that particular question , whether he ordered Mr. Burnet to take all just and Reasonable Methods , to Vindicate himself from the Suspicion of being Popish ? Or did ever the Doctor refuse to give a plain Answer to all the Questions , that were asked ? But the Inquisitors would have the Doctor ( such is their Ingenuity and Candor ) Answer all possible Questions , as well as those that were proposed ; why did not they ask the Question in particular ? If they had , the Doctor would have Answered , that Sir Thomas Kennedy then Lord Provost of Edinburgh ; and he himself too , did enjoin Mr. Burnet to receive the Sacrament of the Lords Supper , with the very first occasion , in the Gray-Frier Church , from Dr. Robertson , that the People might see , that the rumours of his being Popish , were groundless and fictitious ; and accordingly Mr. Burnet did so , and ingaged all his Friends through the City , to vindicate him every where , from the Calumnious Suspitions vented against him . Now if the Inquisitors had asked particular Questions , they would have met with particular Answers ; but they must blame the Doctor for not Answering the Questions they might have started , as well as those that were asked ; and if they are not as yet satisfied by this account of things , they may satisfie themselves by some hundreds of Witnesses in Edinburgh : But there needs no such Appeals be made to the Citizens of Edinburgh , since the Testimony of Sir Thomas Kennedy alone ( a Person of so much Honour and Integrity ) is instead of a Thousand Evidences . And I think we have enough of this Impertinence . Report . And further , That he did take down the Pictures of the Protestant Reformers out of the Bibliotheque , at a time when the Earl of Perth , the late Lord Chancellour , came to visit the Colledge , without any other Pretence or Excuse , but that the then Provost of Edinburgh did advise him thereto . Review . This is the Argument by which they seem to triumph over the Doctor , and which they managed with all Art and Industry . Nothing pleased the Gossiping Sisters so much as this Story , for they hugged and embraced each other at the hearing of it : Some said the Doctor did take away the Pictures out of the Colledge : No , Sister , said another , he sent them away down to the Abbey of Hollyrood-House , and there they were burned by the Papists . And this being the last and most odious Story , prevailed ; and if any body offer to contradict it , they were ready to fly in his Face , as an Enemy to the Good old Cause : But before I come to tell of the matter of Fact in particular , let us view the Report in Truth and Ingenuity . Therefore let me ask one Question , Did ever the Earl of Perth , Lord High Chancellour , come to the Colledge of Edinburgh in Person , to visit the said Colledge , all the time that the Doctor had the Government of that House ? This must be answered negatively , because the Chancellour never came to the Colledge ; for the Visitation sat in the upper Rooms of the Parliament House , not in the Colledge . And it is not easie to guess how they could be so impertinent , as to name the Lord Chancellour on this occasion . You have seen the Doctor 's answer to this Article of the Label before ; but then he thought that he needed not make it more publick nor more particular ; but since they must have all come to light , the matter of Fact is this : When the Committee came to that Article of the Libel against the Doctor , that he had removed the Pictures of the Reformers out of the Bibliotheck , and asked him what he had to say to it : He told them that there was a Gentleman concerned , whose Name and Person he honoured , and he behoved to name him , if he was obliged to give a particular answer to that part of the Libel ; and tho there was nothing done , but what deserved Applause and Commendation ; yet it was not very good Manners to toss the name of any worthy Person before Courts and Judicatures needlesly ; Therefore he desired that one of their Number might be Commissioned to hear his Answer in private ; and if that Person was satisfied with the Answer , they might trust him so far , as to make no further inquiry into this matter ; but if he was not satisfied , then the Doctor was ready to make the Answer as publick and as plain as they required . The Committee yielded to this overture , and asked the Doctor whom he would communicate his Answer to , he said he would give it gladly to Sir John Dalrumple , then Lord Advocate ; and he named him , because he knew him to be a Person of Sense and good Manners . Sir John asked the Doctor whether he would not communicate the Answer to Sir John Hall , then Preses of the Committee . The Doctor answered that he was content to do so ; he thought in discretion he could not refuse him , since he was once named : Then Sir John Hall withdrew from the Table , and went to a Window in the upper Hall of the Colledge , to hear what account the Doctor would make of it in private . Then the Doctor told Sir John thus , That he could not give a particular Answer to the Libel , without making mention of Sir Thomas Kennedy's name ; this he thought would have been great rudeness , where there were so many Spectators ; but the true and plain account of the matter was this . That Sir Thomas Kennedy , then Lord Provost of Edinburgh , did expect that the Visitation , which was appointed by King James , in the Year should sit in the Colledge Library , and he feared that some of them who were in the Retinue of Persons of Quality might take occasion , from the sight of the Pictures of the first Reformers , to begin some one Discourse , neither so pleasing to the Protestants , nor yet so fit to be heard in that House . And therefore that no such occasion might be given to them , and that all such Debates might be waved at that time , Sir Thomas ordered and advised the Pictures of the Reformers , which hung in the Library , might be removed , for some few days , out of their usual place , and so soon as this occasion was over , they might be hung up again where they were . Sir John receives this Answer from the Doctor , and returns again to the Table , and gave some general Answer , with which all of them seemed to be satisfied at that time , for ought I know , Now let me examine their Discretion and Sincerity in this particular , either Sir John was satisfied with the Answer that he got in private , or not ; if he was satisfied himself ( the thing being revealed to him under Secresie and Confidence ) how came he to make it publick , for the Committee having allowed the Doctor one of their Number to hear his Answer in private , did plainly yield , that if the Answer satisfied that particular Trustee , they were no more to insist upon it ; if he was not satisfied why did he not plainly declare his dissatisfaction when he returned to the Table ; then the Doctor would have given the full and plain Answer himself , without any Disguise or Reserve : Sir John Hall being Provost of Edinburgh , should have defended the Authority of his Predecessour ; and he knows very well that he himself did frequently and impertinently interpose his Authority about the Colledge , in things that had no such tendency , either as to its Preservation , or Honour , as what Sir Thomas Kennedy , in that Interval , did intend . But it seems the Committee thought fit to examine Sir John Hall upon Oath , what it was that the Doctor told him in private : This was not fair , for they might oblige the Doctor himself to tell all that he had to say upon this Head : For if they obliged him to make a publick Answer , it was as good he should do it by himself , as by another . But the most pleasant part of the Story is this , That Sir John deposes upon Oath , that the Doctor told him in private , that it was by Sir Thomas his Advice . But did the Doctor intend to exclude his Order , when he alledged his Advice in his own Defence ; or does the Learned Committee think , that the serious and prudent Advice of a Person invested with Authority , hath not the usual force of an Act of Jurisdiction . But they condemn the Doctor , because he did it by Advice ; but did not the Doctor , before the Commission it self , alledge Sir Thomas his Order , as well as his Advice ? And might not his just Defence be heard at the Higher Court , as well as the Lower ? And if he was not so full and accurate in his Defences to Sir John in private , why might he not be allowed to give one more full in publick ? When the E. of Crawford examined him about this particular , whether he confessed that he removed the Pictures of the Reformers by Sir Thomas Kennedy's Advice ? The Doctor answered , That what he did in that Affair , was by his Advice and Order too . The Earl gravely shook his Head , and told , that Sir John Hall was upon Oath , and that Sir John did not make mention of any Order . Truly one would have thought this was nothing to the purpose ; for if what the Doctor said was true in it self , it was as fit to be alledged in his Defences before the Commission , as before the Committee , or Sir John. Therefore the Doctor pleaded that Sir Thomas Kennedy might be examined upon this particular ; but that was denied , for it was no part of their business to find the Doctor in the right . Sir John Hall declared , that the Doctor said , he had removed the Pictures by Sir Thomas Kennedy's Advice , so it was fit for them to conclude , he had no Order for what he did . Now if such Non-sence pass in the Eye of the Nation , what must the Ministers expect in some corners of the Country , where Ruling Elders , Shoomakers and Weavers , are their ordinary Judges . But why all this mighty noise about this trifle ? Is it a Sin to remove Pictures for two days , from one corner of a Room to another : They 'll tell you , I believe , it was no Sin in it self ; but it was done with a bad Design . But Sir Thomas Kennedy , and the Doctor , will say it was done with a good design , where then are the Evidences that there was a bad design in it ? It 's true , there is no Evidence ; but since it is capable of a misconstruction , it is as impossible for them to take it by the right handle ; as to bring any solid proof , there was any bad design in it , from the first to last . But since I have said , that Sir Thomas ordered what was done in this Affair , let me subjoyn his own Declaration upon the whole matter . BEing informed that the Reverend Dr. Alexander Monro , Principal of the Colledge of Edinburgh , is charged with causing take down some Pictures of Luther , Calvin , Buchanan , and others of our first Reformers from Popery , which hung in the Bibliotheck there : And his so doing is represented as an Argument of his disaffection to the Reformers , I find my self obliged in Duty and Honour to declare , that what he did in that particular , was done at my desire and appointment , I be-being Prevost of Edinburgh at that time ; which was intended and done by me upon no other motive , and for no other end , but that there being a Visitation of the Colledge immediately to ensue , where I had reason to suspect several Romish Priests and Jesuits might be present , I thought a prudent Caution was to be used , for saving these Pictures of our worthy Reformers from being abused , or ridiculed : This made me think it convenient , that for some few days these should be removed , as accordingly they were ; and how soon this occasion was over , they were immediately hung up in their former places again . At the same time I took care to have kept out of the view of such Priests , whatsoever might prove tempting or inviting about the Colledge , to kindle their endeavours for getting it a Seat or Seminary for them or their Religion , and I gave the necessary orders accordingly , which is well known to several of the Masters of the Colledge . I am sorry to be obliged to give this Declaration , but that I find it necessary , both for mine own , and the Reverend Principal ( whose firmness in , and publick Sermons for , as well as his Abilities to assert and defend our Holy Religion , are so notour in this City ) his Vindication , when what was so well and honestly meant for the Honour of our Religion , and to save the Worthy and Eminent Reformers thereof from being Exposed or Ridiculed , should be so grosly mistaken , and groundlesly , not to say maliciously , inverted and misrepresented as a Crime . Given at Edinburgh the 7th day of Octob. 1690 , Before these Witnesses , William Reid , my Servitour , and Hector Monro , Writer in Edinburgh . Sic Subscribitur . W. Reid , and H. Monro , Witnesses . Tho. Kennedy . Report . And that on the twenty third of August last , he Baptized a Child in the Parish of the West-Kirk , without acquainting the Minister of the Parish therewith , or License from him , which is contrary to the Rules of the Established Church Government . Review . It is true that the Doctor did Baptize Mr. James Scot's Child , without acquainting of Mr. David Williamson therewith , with , who at that time had no Title to be Minister of the West-Kirk . For Mr. Patrick Hepburn was then Minister , and of the Episcopal Persuasion , and no Sentence against him ; and if his Infirmities did confine him to his House , it was so much the greater Charity to officiate in his Parish , especially when the Parent of the Child ( unless I mistake him ) is determined never to have any of his Children Baptized by Mr. Williamson . But I believe the Doctor is so far from being a Penitent in this instance , that if it were to be done again , he could venture upon it without any fear or remorse , and then there was no restraint upon him ; and I believe many of the Nobility and Gentry that sat upon the Commission , will think this as impertinent an Accusation , as that which follows next to be examined . Report . As also , that the Doctor acknowledges he had no publick Dictates one whole year , but Catechizing . Review . I must give the History of this particular in the plainest manner : For I think the Records of all Nations , and Histories will not parallel this Accusation ( all things being duly considered ) The several Committees had Order from the General Commission , to look carefully into the Dictates that were taught the Scholars in all Schooles and Universities : Pursuant to this Order , The Committee , appointed to visit the Colledge of Edinburgh , ordered Dr. Monro , upon the 25th . of August , within two or three days after , to give up to the Clerk of the Committee a Copy of his Dictates . The Doctor told them what the Themes were , upon which he had his publick Praelections , viz. De Deitate Christi , De ejusdem Sacrificio , De adventu Messiae , De natura , ortu & progressu Religionis Christianae , &c. And so they needed not be Inquisitive after them , for they were not likely to find in them those Opinions , that they were most zealous against . But withal he added , that he himself wrote a very ill hand , that the Papers that lay by him were in many places blotted and interlined . But he promised where ever he could find a Copy among the Students , he would deliver it up to their view . For the Copy they wrote was more just than any he had in his keeping ; for in the very time of the Publick Praelection , he did Add , Change , and Alter as he saw convenient . This did not satisfie , but one of their number pleaded , that he should give up his Dictates immediately , and that the Apology he made , was a Shift and downright contempt of the Committee : I think it was Hume of Polwart that reasoned thus , with some degrees of warmth against the Doctor : The Doctor was content to undeceive them as far as was possible , and therefore he desired they might name some of their own number to examine his Dictates , and that he would wait upon them , and read the Dictates to them himself , since he presumed none else could read them so well . It seems they found this overture reasonable ; for after that offer made by the Doctor , he heard not one word more of the Dictates , they never inquired after them . However , the Doctor procured a legible Copy of his Dictates , De Sacrificio Christi , from one of the Students , and gave it to the Clerks , that they might give it to whom they pleased . It fell out , that when they were speaking very hotly about the Doctor 's Dictates , that he told them himself , that for one year he had changed his publick Dictates into Chatechetio Conferences . The reason was this , That he perceived that it was not possible to order any publick Lesson , equal to the Capacity and Advantage of all the Students ; for some of them being but so very young , that they were but Learning their Latine and Greek ; Others of them being advanced so near the Degree of Masters of Art , most part of the Youth , within the Colledge , could not be thought capable to understand Theological Controversies , which were the ordinary Theams of such Publick Praelections . Therefore the Doctor advised with some of the Masters , what way the publick Lecture , upon the Wednesdays , might be made Universally useful to all the Students within the Colledge . And the result was , that he told the Students he would not put them that Year to the toil of writing any , but ordered them to convene frequently on the Wednesdays , and he would explain to them the Apostolick Creed , one Article after another , viva voce , this he did for that year : The Students were better satisfied , much more edified , and less wearied , than when they were obliged to Write ; for now they came to the School freely of their own accord , without constraint ; whereas formerly they neither writ what was Dictated , nor were all the Masters able to drive them to the publick Hall , when they had strained their Authority to the greatest height . And perhaps some of them who were most concerned then to magnifie every shaddow of an Objection against the Doctor , have found by their proper experience , that the publick Dictates are no more regarded than their Character : This then was the Doctor 's fault that he changed a publick Lesson , that served no end , but that of Form and useless Solemnity , into a profitable , useful , and serious Exercise . By his imployment , he was obliged to teach the Youth the first Principles of Christian Religion ; what more proper method could he devise , than go through the Articles of the Apostolick Creed , and explain them , partly from Scripture , partly from the assistance of Natural Reason , partly from the Universal Tradition of the Church , and partly from such Concessions of Pagan Authors , as might either illustrate or confirm what was believed among the Christians : This was the method he took : But was the Doctor obliged , by any Statute in the House , never to vary the former Custom of Praelections ? No , that is neither pretended nor alledged ; wherein then was he to be blamed , that he taught his own Scholars in the manner he judged most proper for their Edification ? perhaps , when Elias comes he 'll tell us where the fault lay , and not till then shall we ever know . Let me ask one question , and so I 'll leave this Argument : Did all the Doctor 's Predecessours so Superstitiously observe this way of Dictating , without change or alteration of the Method ? No , for the truly Learned and Pious Dr. Lighton , Bishop of Dumblain , when he was Principal of the Colledge of Edinburgh , did never oblige them to write one word from his Mouth : But instead of those Dictates , recommended to them , viva voce , the most excellent truths of the Christian Religion , in the most unimitable strains of Piety and Eloquence . And Mr. Adamson his Predecessour did Catechise , as you may see by the Printed Copy of his Catechism ; nor is there any restraint upon the Principal of the Colledge , either from Statute or Custom , why he may not change his Method , as oft as he sees convenient : Yet to make a mighty muster of Arguments against the Doctor , his Catechetick Conference , must be made a part of his Crime : I think one Mr. Law had the honour of making this discovery , but I am not very sure of it . Report . And that it appears by the publick Registers of the Magistrand Laureation , that whereas , in the Year 1663 , till the Year 1687 , the Magistrands were always sworn to continue in the Verity and Purity of the Gospel , or in the Christian Religion reformed , according to the Purity of the Gospel ; yet in the Year 1687 and 1688 , when Dr. Monro was Principal , he takes the Magistrands obliged only to persevere in the Blank Christian Religion , and this Blank is found three several times in the Book , viz. At two publick Laureations , and a private one , and the Doctor having laid the blame on the Bibliothecarius his negligence , and craving the Bibliothecarius might be examined thereupon . He being accordingly Sworn and examined Depones , that what he wrote in the Magistrand Book , was either by direction of the Primar , or of one of the Regents , and in presence of the Faculty , or of a Quorum of them , and that what he did write in the said Book , was always read over in presence of the Masters and Scholars . And particularly the Alteration of the Promise made at the Graduation , in the Year 1687. As also the Committee considering that at the two last Laureations , in the Year , 1689 , and 1690 , neither Oath nor Promise was required at the Graduation : It is therefore the Opinion of the Committee , that Dr. Alexander Monro , Principal of the Colledge of Edinburgh , be deprived of his Office , as Primar there ; and that the said Office be declared vacant . There is a Letter written by the said Doctor , and directed to the late Arch-Bishop of St. Andrews , dated the 5th . of January , 1689 , owned and acknowledged by the Doctor to be his hand Writ , the consideration whereof is Referred to the Commission . Review . Here it at last some dangerous Plot discovered : To make the Account of it as short and easie as is possible , let me first explain some words that are peculiar to our Country . By the Magistrands is understood that particular Number and Society of Students , that are ready to Commence Masters of Art ; by the Laureation is understood the Publick Solemnity of conferring this Degree ; The particular Answer to this objection , is given before ; but I will unfold the whole Matter , by proposing some Queries relating to it : The first , is , did the Doctor Administer the Current Oath , that was ordinarily Sworn by Masters of Art , all the time he was in the Colledge , until there was a Proclamation , Feb. 1687. by King James , forbidding all Discriminative Oaths ? Yes he did . But how can that be made evident ? yes it may be made evident by the following Transcripts of the publick Registers , that all who Commenced Masters of Arts since the Doctor entred , were made to Swear the Current Oath of the House , until the Proclamation of Indulgence did forbid all such Discriminative Oaths ; and therefore the * Reader will be at the pains to read as follows , Anno 1686. De disciplina Magistri Herberti Kennedy sollinne formulae sponsionis & Juramenti Accademici Edinburgeni praescripti nos quorum subsequuntur nomina cordicitus subsignamus . So you see , that all that Received the Degree that year , did Sign the Oath , 3 Junii 1686. eidem S. S. Juramento praescripto subscripserunt Gulielmus Baird , & Joannes Monro . Another was Graduate , 9th of July 1686. Another , July 20 , 1686. Another , July 26 , 1686. Another , upon the 24 August , 1686. Another , upon the 31 August 86. Another , upon the 22d of Sept. 86. Another , upon the 22d of October , 86. Another , upon the 23d of December , 86. And all of them did Swear , and Sign the same Oath that was formerly Sworn . Then it is Alledged in the Doctor 's Defence , that the current Oath of the House was Administred , until all such Oaths were Prohibited by the Proclamation , Feb. 1687 ? Yes that is Alledged , and no change observed , until the 4th of April 87. But did other Masters of other Universities , particularly in the Universities of St. Andrews and Glascow , forbear the Imposing of all such Discriminative Oaths after the Proclamation , Feb. 87. as well as the Doctor ? Yes , that they did : Were they ever Challenged for this , by any Committee sent to Examine their Behaviour ? No , not at all , not one of them was Challenged for it : What is it then that the Doctor is Blamed for ? He is Blamed for this , that in stead of the former Oath which he would ( but durst not ) Impose , he required a General Promise of persevering in the Christian Religion : But is not the word , Reformed Religion , never to be met with in that Publick Promise , required of the Students , instead of the former Oath ? Yes , I told you before , that the first Alteration that is observable , is , upon the 4th of April 87. and then the Promise was , to persevere in the Christian Religion : But this being thought too General and Indefinite ; in the Month of June thereafter in the same Year , as may be seen in the Publick Registers ; the words run , pollicemur in puriore Religione Christiana perseverantium : Did the Doctor at any time thereafter , in Private or in Publick , with or without the knowledge of the Masters , Order the Bibliothecarius to leave out the word Puriore ? No , that he never did ; Have we no other Evidence for that , than the Doctors bare Assertion ? Yes , as you may see by the Bibliothecarius his Declaration , subjoined to this Dialogue , upon the word of a Christian , that he was never Enjoined , either by the Doctor or any of the Regents , to leave out the word ( puriore ) or ( Reformata ) But did not the Bibliothecarius leave a Blank , as the Inquisitors alledge ? The Bibliothecarius will answer that Question in the Declaration himself : But are there no other Instances preceeding the Doctor 's time , even when there was no Publick Proclamations , forbidding Discriminative Oaths ; in which , the Masters of Edinburgh took the Liberty to change the Publick Formula of the Oath ? Yes , several Instances may be given of such Changes , if any Man will be at the pains to peruse the Registers ; I 'le name but one , it is in the Year 1662 , and the Students , when they Commenced Masters of Art , had an Oath Administred to them ; in which , there is not the least mention of any thing Relating to Religion ; and therefore the Inquisitors date the Custome of Swearing this Oath , from the year 1663 ; for they evidently saw , if they had gone further back , they would have met with a Formula , in the year 1662 , much more Loose , General and Indefinite , than that for which the Doctor is challenged ; and lest he might have any such Precedent from the Publick Registers in his own Defence ; they that drew up the Report , fraudulently passed it over in silence ; so they concluded , it seems , that no Religion was better , than the Christian ; For some of them that sat Judges in that Committee , did Commence Master of Art that very Year , 1662 , in the Colledge of Edinburgh ; when the General Oath Imposed , only obliged them to continue , Fautores Academiae Edinburgenae ; and some Members of the Committee , scrupled not to say , that the Formula in the Year 1662 , was better than the Promise required by the Doctor after the Proclamation : But what was it that the Doctor blamed the Bibliothecarius for ? He might perhaps blame him , that he did leave out the word Puriore , at sometimes , after it was Insert into the Formula , since he himself Declares , he was never enjoined to do so ; but the plain Truth in cold Blood is , that this was no Trick nor Design in the Bibliothecarius , but a most Innocent inadvertence : When this Affair was toss'd before the Committee , they Discoursed of it , with that Warmth and Confusion , that it was not possible to know , what they would have been at ; Therefore the Doctor desired , that the Bibliothecarius might be Interrogate upon Oath , whether he knew of any Popish or Heretical Design , intended or contrived by the Masters , when they required this Publick Promise of the Students ; instead of this , they enquire whether he wrote this Formula by any order from the Masters , as if the Crime lay in the Formula it self , and not in any bad Design about it : This was another Impertinence , for the Bibliothecarius was never Accused to have invented the Formula of himself , for that had been a piece of Forgery with a Witness ; of which Mr. Henderson the Bibliothecarius is not capable , being a Youth of such Modesty and Ingenuity ; it may be , he might be blamed for leaving out a word , or for Writing carelesly . From the Answers I have given to these several Queries ; The Reader may see , what was the occasion of this Change in the Publick Formula , after the Proclamation ; and it is so much the more wonderful , that they blame the Doctor for obeying that Proclamation , that first warmed the Phanaticks into their present Strength and Confidence : But before I set down the Bibliothecarius his Declaration ; let me Inform the Reader , that when the Doctor was sisted before the Commission , several Questions were asked at him , and five or six times he was Removed , and the Report of the Committee was but once Read in his Hearing ; It was not possible , for an Hour together to give an Answer , to all the particulars they had heaped together in their Report ; The Doctor endeavoured to give a true Account of the Formula which was challenged ; He desired , that Mr. Gregory , Professour of the Mathematicks , and Mr. Cunninghame Professour of Philosophy , who knew the Registers much better than he did , might be Examined , but this was denied : If Mr. Gregory , and Mr. Cuuninghame , had been Examined , they would quickly have explained any thing that was dark or intricate about it ; But the Earl of Crawford would not hear any Defence or Explication of that Formula ; he alledged that it obliged them only to be Christians , and that the Papists were Christians ; The Doctor answered that by the Protestant Religion , he never understood any thing , but unmixed Christianity , and that the Papists , as such , were no Christians , i. e. Popery is no Christianity , for tho' they were Baptized , and so Members of the Catholick Church , yet their Popery is no part of their Christianity , else the Protestants are obliged immediately to turn Papists , unless they renounce their Christianity . And therefore tho' we allow the Papists to be Christians , and some of them excellent Men too ; yet the Errours which are mixt with their Christian Belief , and which obliged the Protestants to Separate from them , is no part of the Christian Religion ; and if the Students did continue firm in the Christian Religion , I hope it had no tendency to make them Papists : But there is a Sect of Men amongst us , who value the nicest Punctilio's of the Covenant , more than they do the fundamentals of Christianity . It is time now to leave this , and to insert Mr. Robert Henderson the Bibliothecarius his Declaration . A Declaration of Mr. Robert Henderson , Bibliothecarius and Secretary to the Colledge of Edinburgh , relating to the report of the Committee against Dr. MONRO . At Edinburgh , the 18th , of October , 1690. I Mr. Robert Henderson , Bibliothecarius and Secretary to the Colledge of Edinburgh , hereby declare upon the word of a Christian ; that whereas I have deponed before the Committee appointed for the visiting of the said University , that what I wrote in the Magistrand Book was by Order of the Primar , or some of the Regents , yet notwithstanding of my said Deposition ; I declare that the manner of Writing was entirely left to me , and that I never intended a Blank , and that I was never enjoyned by the Primar or Regents , to leave a Blank , but that the promise being drawn up into Three Articles , the Second Article being so much longer than the line , the remaining words were placed below towards the middle for Ornament , there being scarce half an Inch of distance on both hands : And hereby I further declare that I was never enjoyned to leave out the word Puriore or Reformata , and that I never perceived any Design thereabout . And that the Classes of the two last Laureations , in the Years 1689 and 90. were ingaged by the same promises , to which the former Classes were obliged , In Testimony whereof I have Signed these Presents , before Mr. Gregory Professor of the Mathematicks , in the University of Edinburgh , and John Smith , Student therein , and Servitor to the said Mr. Gregory ; Day and Date foresaid , Sic Subscribitur . Dr. Gregory , and J. Smith , Witnesses . Rob. Henderson . ARTICLES Against Doctor STRACHAN , Professor of DIVINITY . I. THat in the New Kirk of Edinburgh , in a Publick Sermon before the Diocesian Synod , be Preached Reconciliation with the Church of Rome , adducing the Instance of the two Brethren , called Reynolds ; who in Dispute , the one being a Protestant was turned Papist , and the other being Papist turned Protestant ; and yet , said he , they were both good Men ; and for any thing I know , they both went to Heaven . What need then is there of all this din betwixt Protestant and Papist ? He also holds Consubstantiation , saying , the Church of Rome holds Transubstantiation , but I hold Consubstantiation . II. That he is commonly * Repute to be an Arminian , and he Preached and Maintained Arminian and Pelagian Principles and Tenets in the Trone-Church , and was opposed herein by Mr. Trotter his Collegue ; And particularly had one Expression , That without special Grace Renewing the Mind and Heart , a Man might Believe and Repent ; and that having Believed , he might still continue , or not , as to the Exercise of Grace and Believing ; or words to this purpose . III. That he has innovate the Worship of God , in setting up the English Service , which was never allowed nor in use in this Church ; and suppose it were tolerated , yet no Toleration allows any to enjoy Legal Benefices and Charge in the Church or Universities , who in Doctrine and Worship does not agree with the Church in her present Establishment . IV. His negligence of his Duty , in teaching Lessons to the Students , is evident in that , for the first two years his Prelections went no further then his Harangue . V. That since the Establishment of the Government , be hath Baptized Children without any Testimony from the Minister , to whose Congregation they belonged : And also has without Proclamation , in a Clandestine way , Married several Persons ; as for Instance , Mr. Alexander Chaplain's Daughter , to Mr. John King , Apothecary , taking a Guiny for his pains , which should have been given to the Poor of Edinburgh . VI. His dissatisfaction with the Government , both in Church and State , is evident hereto , both by the Verbal Expressions , in Censuring and Condemning both these grounds whereupon be then left the Ministry , are sufficient for turning him out of his present Station . VII . That the said Doctor does ordinarily neglect the Worship of God in his Family . AN ANSWER TO THE ARTICLES Given in Against Doctor STRACHAN , Professor of Divinity , in the Colledge of Edinburgh . TO these Articles or Libel I am not in Law obliged to give any particular Answer , unless it were owned and subscribed by my Accuser , and Witness adduced for the probation of the Particulars Lybelled ; for since the Accuser is so Conscious to himself of his gross Prevarications and notorious Falshoods alledged in his Libel , that he dare not subscribe the same ; yet since I know my intire Innocence , as to many of the particulars Libelled against me ; ( for some of them I do not acknowledge to be Faults ) I shall not decline to give a particular Answer to each of them , being glad that the Lybeller has not had the Confidence to charge me with any Immorality in my Life and Conversation , reserving therefore all other Defences competent in Law. I. To the first I Answer , That in a Sermon before the most Reverend Father in God , my Lord Arch-Bishop of Glasgow , then Bishop of Edinburgh , in his Diocesian Synod , I did from Phil. 4. and 5. recommend to my Auditors , and to all Christians of whatsoever Perswasion , that Christian Duty of Moderation , ( of which I wish we had more at present ) the want whereof is the occasion of the lamentable Schisms and Divisions that are in the Christian Church : But as for Reconciliation with the Church of Rome , as it is now Constitute , I was so far from pressing it ( though to wish a true Union among all Christians were no Crime ) that I did highly blame the Romanists for going so far to the extream , in Points controverted betwixt us and them , so as to obstruct a desirable Reconciliation , as it is to be regretted some Protestants , on the other hand , run too far to the other extream , to put a bar thereto : So that we owe it to the want of Moderation amongst the fiery Zealots of the different Perswasions , that the same is rendered so impracticable . But as to that expression , What needs this din ( or rather noise ) betwixt Protestant and Papist , I never had such an expression . As for that of the two Brethren named Reynolds , I did adduce that as an Instance of the Imbecility and Weakness , Mutability and Changeableness of our Judgments and humane Understandings ( while we dwell in these Houses of Clay , and the dust of Mortality not blown out of our Eyes ) upon the account whereof , we ought to have Charity one towards another , and Compassion one of another ; and that they might have been both Good and Learned Men , and might have been both saved , I know nothing to the contrary ; yea , and in the Judgment of Charity I am bound to think so , if they lived and died in the Christian Faith , owning the Fundamentals of the Christian Religion , whatever Preterfundamental Errors any of them might have been intangled in . As for my alledged Saying , that the Papists hold Transubstantiation , but I hold Consubstantiation , it is so impudent a Calumny , and such a notorious Lye , that as I am confident the Accuser , whoever he be , dare not say he heard it , so neither can be adduce any famous Witness , that can depone the same ; the contrary is so well known , that my Judicious Auditors can bear me Witness that I Preached both against the Transubstantiation of Romanists , and Consubstantiation of the Lutherans , and said it had been good , and had tended much to the Peace of Christendom , that the different Parties had never taken upon them , peremptorily to determine the manner of our Blessed Lord's Presence in the Holy Eucharist , but that they had contented themselves with that modest expression of the old Schoolman , Durandus , Vterbum audimus motum sentimus modum nescimus praesentiam credimus ; with which also accords that known Distich , Corpore de Christi lis est de sanguine lis est . Deque modo lis est non habitura modum . I might adduce several Testimonies of Learned Divines of the Reformed Church , to this purpose , but I shall content my self , at present , with that one of Judicious Calvin , In Tractatu de coena Domini . Blasphemia est negare in coena Domini offerri veram Christi communicationem , pani & vino Corporis & sanguinis nomen attribuitur , quod sint veluti instrumenta quibus Dominus Jesus Christus nobis ea distribuit . Panis in est figura ●●da & simplex sed veritati suae & substantiae conjuncta panis merito dicitur corpus cum id non mod● representet verum etiam nobis offerat intelligimus Christum nobis in caena veram propriamque Corporis & sanguinis sui substantiam donare panis in hoc consecratus est ut representet nobis Corpus Domini , &c. 2. As to the Second , that I am generally reputed an Arminian , &c. I know not how I may be reputed , but I desire the Lybeller may condescend when , or to whom I said I was so ; did I ever subscribe their Confession ? it's known they were Presbyterians , and I am none . And I suppose that may now be reputed to be my greatest Crime ; for if I were , it 's probable these things would not be laid to my charge . It has been always my Principle and practice not to espouse the particular tenets of any party , but as the ancient Philosopher said , Amicus Plato , amicus Socrates , sed magis amica veritas . So say I , Amicus Calvinus , amicus Arminius , amicus Lutherus , sed magis amica veritas , being always ready to embrace Truth by whomsoever it be maintained . That I Preached and maintained Arminian and Pelagian Tenets in the Trone-Church , in which I was opposed by my umqhaill Collegue Mr. Trotter . The Lybeller ought to prove it by famous Witnesses , and not simply to alledge , Si accusare satis sit quis erit innoceus . For I peremptorily deny , that ever I used such expressions as my Accuser alledges . My then Collegue being now at his rest , I desire not in the least to reflect on his memory ; what his designs were , in being the first Aggressor in reflecting in his Pulpit were best know to himself . Though he were in vivis , his allegation could be no probation ; wherein he wronged me , I forgive him , and I hope God hath forgiven him . 3. My third Accusation is , That I have innovated the Worship of God , &c. To which it is answered , That I have indeed made use of the English Service in my Family , as judging it to be the way of Worship most consonant and agreeable to the Word of God , and the practice of the whole Catholick Church , even in its purest times , it being a most devout and serious way of offering up our Prayers and Praises to Almighty God , and tending most to Edification . And against this , I know no standing Law , more than against the French Service , which is so publickly made use of in this place , and not in the least quarrelled : And that the English Service was not more in use in this Church , it 's too well known to whom we owe that unhappiness , and what Unchristian and Barbarous courses were taken to prevent its orderly Establishment here , when that Royal Martyr of Blessed and Glorious Memory was endeavouring it for the good of this Church and Kingdom , which by the unjustifiable practices of the Opposers was then made an Aceldama , or Field of Blood. 4. In the Fourth Article the Accuser challenges me for negligence of my duty in teaching of Lessons to the young Students , and alledges it's evident , in that for the first two years , my Prelections went no further than my harrangue . I answer , that were it so as he alledges ( which whether so or not I cannot call to mind now ) I could not be challenged of any negligence upon that account . The subject of my harrangue being so copious that it might have furnish'd matter of dictats for several years . For it was de Theologia in genere de ejus dignitate , Authore , objecto , fine , &c. Which Subject I inlarged upon , in dictating further than I had in that harrangue : Whereas some eminent Professors have spent several years dictating upon one point of controversie ; but whensoever it was finished , I simply deny that either it or any thing else I dictated contain'd any unsound Doctrine as the Lybeller was pleased to alledge . As for Passive-Obedience , and Non-Resistance , I yet own them to be sound points of Divinity , duly stated and qualified ; besides , that could be no evidence of negligence in regard the frequent returns of other exercises , viz. Homilies , Exe●esies , and Disputes among such a number of Students were such as at some times I could scarce have allowed me above six or seven Diets in dictating the whole half year . So that considering the few Dyets of dictating and how ill they were attended by the Students who were desirous rather to read what was already Published , than to be put to the toil of writing , I kept those Papers in loose Sheets , not having designed them for publick view , but it was always my judgment that if there were less writing , and more reading and meditating on what 's already published , it might tend more to the advancement of Learning , and the better Education and Improvement of Youth in the Study of Divinity ; and therefore I chose to recommend to them such Books as I judged most proper for them ; by which method , and the Lords Blessing upon their pains and endeavours , many have given great Proofs of their proficiency in the said Studies , and others great grounds of hope of their being serviceable to God in the holy Ministry , when he thinks fit in his Wisdom to imploy them therein . 5. As to some Baptisms and Marriages in the Fifth Article , I knew no restraint upon me , nor any in my Station , hindering me to grant the desires of the Respective Parents , when duly invited by them to the performance of such Duties . But since the promulgation of the late Act , I have forborn any thing of that nature . As for the instance of Mr. Alexander Chaplain , his Liberality to the Poor of Edinburgh , and others , is very well known . If he had given me a Guiney for the use of the Poor of Edinburgh , I should not have defrauded them thereof . The Gentleman himself can declare as to that matter , for I was never so mercenary as to ask any thing for my pains . 6. As for the Expressions mentioned in the Sixth Article , they ought to have been condescended on , and proved ; which not being done , I can give no answer thereto . I never left the Ministry , nor do I design to desert my present Station here ; but if I be thrust from the one , as I have been from the other , upon the account of my Conscience , that cannot comply with the Conditions required , I must patiently submit , and cast my self , and my numerous Family , on God's good Providence ; being resolved never to put my worldly Interest in Ballance with the Peace of my Conscience , which I have endeavoured hitherto to keep void of offence towards God and Man. And to follow that Apostolical Rule , which I always recommended to others under my Charge , to obey God rather than Man. 6. Lastly , I am charged , that I ordinarily neglect the Worship of God in my Family , which is so notorious a Falshood , that I challenge the Libeller , or any he can adduce to make it good , and appeal to all that have been in my Family , as Witnesses of the contrary . But it seems the Libeller has forgot the Third Article of his Accusation , or thinks , to use the English Service , is not to Worship God : To whom , for all these Calumnies , I refer him . THE REPORT OF THE COMMITTEE , Concerning Doctor STRACHAN . At Edinburgh the 23d . of Sept. 1690. AS to Doctor John Strachan , Professour of Divinity in the Colledge of Edinburgh ; the Committee considering his Answers to the Articles given in against him , for his Preaching Reconciliation with Rome , and anent Transubstantiation , and Consubstantiation : That he acknowledges he has often Preached Presentiam Credo modum ignoro : And that it had been good that that had not been in dispute , but kept in the Ancients words : And albeit he denied his being Arminian ; yet he not only refused to Subscribe our Confession of Faith in the Complex , but also declared , he was not clear to give a present answer , whether or not the Articles about Free-will , and the First Article about Justification , were agreeable to the word of God , and if he owned the same ; yet he promised to give an Answer in Writing , which he hath not done : And being at the giving in of his written Answers , desired to give a particular Answer , if he would assent to these Articles , as they stand in the Printed Confession of Faith , and if he would subscribe the same ? He answered , that each of these Articles were Complex , and that he was not clear to Subscribe or Sign the same ; as also considering his negligence in dictating to his Scholars : That he acknowledges he would scarce have Dictate above six or seven times in a whole half Year , and excuses the same with the returns of other Exercises , such as Homilies , Exegeses , and Disputes : As also considering that he refuses to qualifie himself conform to the Act of Parliament : It is therefore the Opinion of the Committee , that the said Dr. John Strachan , Professor of Divinity in the Colledge of Edinburgh , be deprived of his Office in the said Colledge , and that the same be declared Vacant . THE SENTENCE Against Doctor STRACHAN . At Edinburgh the 25th . of Sept. 1690. THE Lords and others of the Commission appointed for Visitation of Colledges and Schools ; having heard , read , and considered the above written Report of the Committee for visiting the Colledge of Edinburgh , anent Dr. John Strachan , Professor of Divinity within the said Colledge : And the Doctor being called in , and having heard the within Report read over in his presence , and he being asked if he did acknowledge that the matters of Fact , contained in the said Report were true , he did Judicially acknowledge the verity of the matters of Fact therein contained : And also he refused to Swear the Oath of Allegiance , and to Sign the same with the Assurance : And also refused to Sign the Confession of Faith , or to declare his Submission to the present Church Government , as now Establisht : Therefore the said Commission approves of the Report above written ; and do hereby deprive the said Dr. John Strachan , Professor of Divinity in the said Colledge , of his said Place , as Professor foresaid , and declares the said Place to be vacant . Crawford P. ANIMADVERSIONS ON THE REPORT OF THE COMMITTEE APPOINTED To Visit the Colledge of Edinburgh , concerning Doctor John Strachan , Professor of Divinity there , Sept. 23. 1690. And on the Commission 's Approbation and Ratification thereof . Edinburgh , Sept. 25. 1690. DOctor Strachan being Cited to Appear before the General Commission , that was to Sit , Sept. 25. 1690. at Nine a Clock in the Morning ; after a tedious Attendance of about four hours , was called before them , and being wearied himself , he resolved to give them very little trouble ; for he had determined to make his Process as short as was possible ; for he could not Reasonably think , he should meet with any Favour from that Bench ; especially , since he knew how his Colleague , Doctor Monro , was Treated by them that Forenoon ; being no less than five or six times call'd and remov'd , with no other Design , than to wrest and misinterpret what he Answered for himself : And having no time allowed him to clear the trifling Objections made against him ; great Endeavours were us'd to intangle him in his Answers ; therefore the Doctor took care to give them as little ground against him , as was possible . WHen he was call'd in before the Commission , the above written Report of the Committee , was once Read over to him by the Clerk ; My Lord Crawford enquired at him , if he acknowledged the things contain'd in that Report , to be true ? He Answered , that he thought the Report , as to the main Substance of it , was true ; but having heard it but once Read over , he could not peremptorily say so of all Circumstances relating to it : My Lord Crawford ask'd again , if he did own and adhere to that written Copy of Answers given in to the Committee in his Name ? To which the Doctor Replied very pertinently ; that if any Person would own and Subscribe the Libel given in against him to the Committee , he should then Answer it particularly . My Lord Crawford Praeses , said there was no Libel , the Act of Parliament made mention of none , it was but an Information , and any body might Inform ; The Doctor Replied , it was materially a Libel what ever word they pleased to Express it by ; And that in Equity and Common Justice , he ought to know his Accuser . The Praeses replied , there was no Accuser , neither did the Act of Parliament appoint any , and therefore , he ( the Proeses ) required the Doctor to give a Positive Answer , whether he owned these written Answers , or not , ( a Copy of them being offered to him to view them ) the Doctor Answered , that he did own them and adhere to them . After which , the Lord Crawford asked the Doctor , if he would qualifie himself according to the Act of Parliament for his place in the Colledge , by swearing the Oath of Allegiance to King William and Queen Mary , and subscribing the Declaration of assurance , the Confession of Faith at Westminster , and heartily submitting to the Presbyterian Government . The Doctor answered he could not with a good Conscience comply with the Legal Test so propos'd , and that therefore he adhered to his former answers before the Committee , whereupon he was ordered to remove , and within a little while he was called again before them : The former Report of the Committee was again read over to him , and the Commissions Sentence of deprivation following thereupon ; after the reading of both , the Doctor said no more , but that he thanked God he received their Sentence with great peace of Conscience , and Tranquility of Mind , which he could not have promised to himself , if he had done any thing against his convictions to avoid that blow . Many of the Gentlemen and others who were permitted to be present at the reading of the Report and Sentence , not having heard the Doctor 's Answers read , nor known what past in the Committee , might conclude upon the bare hearing of that Report drawn up by the Presbyterian Ministers , that they had found him Guilty of propagating several Heterodox Opinions in the Colledge , and that for such Doctrines he was deprived . Yea , some of the Members of the Commission it self , before whom the Doctor 's written Answers were never read ( as he is credibly informed ) did entertain the same thoughts upon the hearing of such words as Reconciliation with the Church of Rome , Consubstantiation , Transubstantiation , &c. Therefore it was thought convenient to undeceive well meaning men , and expose the malice of his Accusers in this particular . 1st . The Committee did consider his Answers to the Articles of his Libel , but they do not plainly declare what it was in those Answers that they did consider ; we know very well they did consider his Answers , and it was not possible for them to find in them either Vntruth or Impertinence ; it 's true , they accuse him that he Preach'd Reconciliation with the Church of Rome , but they thought it no part of their business to prove it , no nor so much as to examine one Witness that ever heard the Doctor utter the least expression that might favourably insinuate a Syncretisme with the Roman Church ; so it is very odd that the Committee's consideration of his answers should be named as one ground of the Sentence which past against him , before the General Commission of the Visitation . 2dly . They considered his answers concerning Transubstantiation and Consubstantiation , &c. But is it possible for a man at one and the same time , to hold both those Opinions ? Or can a man Preach Reconciliation with the Church of Rome , if he himself hold only Consubstantiation , and yet recommend to the People that the Doctrine of the Romanists may be complied with , who say that there is no such thing as Bread in the holy Eucharist after Consecration . It seems the Libeller thinks there is no great difference between the Lutherans and the Romanists ; had he listned to an Impartial Monitor , Lysimachus Nicanor , in time of the late troubles , he would have found that it is much more easie to reconcile Popery and Presbytery than the Lutherans and Romanists . 3dly . But the Doctor acknowledges , that he had Preached Praesentiam credo , modum nescio ; and that it had been good for the peace of Christendom , the manner of our Saviour's Presence had never been so hotly disputed , but kept in the words of the Ancients . This is a piece of Logick that the Doctor cannot understand : must he that says , Praesentiam credo , modum nescio , necessarily believe Transubstantiation , or Consubstantiation , one or both . I think the Church of England will not say so , for it holds the Real , effectual Spiritual Presence , and yet denys both Transubstantiation and Consubstantiation . And did not the Doctor say plainly modum nescio , how then can they affirm that he had any kindness for either of those opinions , since the fault of both is so plainly disowned by the Doctor : He believed the Presence , but the manner of the Presence he did not know . But since those words in his answers , praesentiam credo , was so greedily laid hold on by the Presbyterian Ministers , Members of that Committee , that when they heard them they desired the Clerk to note that especially , it will not be amiss over and above what is represented in his written answers , to put those Gentlemen in mind that they should read Mr. Calvin more frequently , whom they have deserted shamefully in many things , and in his Tract De Caena Dom. after the words formerly cited by the Doctor , they will meet with the following words , Fatemur omnes , nos , cum juxta Domini institutum fide Sacramentum recipimus , Substantiae corporis & sanguinis Domini vere fieri participes . Quomodo id fiat alii aliis melius definire & clarius explicare possunt . Ne vis sacro sancti hujus mysterii imminuatur , cogitare debemus id fieri occulta & mirabili Dei virtute . Do they allow of this saying of Calvin ? If they do , I am sure the Doctor said less than what may be deduced from them by necessary consequence , if they were contentiously insisted on . And how can they be so captiously querulous , as to dream of Chimera's and Monsters in the Doctrine so currently taught in the most Famous Schools amongst the Protestants ? It may be Mr. Calvin ' s Treatise de Coena Dom. is not so easily had as his Book of Instit . which I think very few of the Presbyterian Ministers want , then let me entreat them to look to the following Testimony from Mr. Calvin , in which he writes so Religiously and Reverently of that Sacred Mystery of the Eucharist , Quanquam autem cogitando animus plus valet , quam lingua exprimendo : rei tamen magnitudine ille quoque vincitur & obruitur , itaque nihil demum restat nisi ut in ejus mysterii admirationem prorumpam , cui nec mens plane cogitando nec lingua explicando par esse potest : And par . 10. of the same Chapter , Summa sit non aliter animas nostras Carne & Sanguine Christi pasci , quam panis & vinum corporalem vitam tuentur & sustinent : neque enim quadrare tanalogia signi nisi alimentum suum animae in Christo reperirent , quod fieri non potest nisi nobiscum Christus , vere in unum coalescat nosque reficiat carnis suae esu , & sanguinis potu . Etsi autem incredibile videtur in tanta locorum distantia penetrare ad nos Christi carnem , ut nobis sit in cibum , Meminerimus quantum supra sensus omnes nostros emineat arcana Spiritus sancti virtus & quam stultum sit ejus immensitatem modo nostro velle metiri . Quod ergo mens nostra non comprehendit , concipiat fides , Spiritum vere unire quae locis disjuncta sunt , &c. And Paragr . 32. ab initio . Porro de modo si quis me interroget fateri non pudebit , sublimius esse arcanum , quam ut vel meo ingenio comprehendi , vel enarrari verbis queat , atque ut apertius dicam experiar magis quam intelligam , &c. Several other Testimonies might be gathered together from many other Reformed Divines ; but that is not the design of this Paper , it is enough by one or two Authentick Testimonies to expose the silliness of such men as find fault with every body that does not follow their words as well as their Sentiments . I think the learned Bishop Andrews understood the Doctrine of the Church of England sufficiently well , who in his answer to Cardinal Bellarmine , hath these words , Dixit Christus Hoc est Corpus meum : non hoc modo , hoc est corpus meum . Nobis autem vobiscum , de objecto convenit , de modo lis omnis est . De , hoc est , fide firma tenemus quod sit : de hoc modo est ( nempe Transubstantiato in Corpus pane ) de modo quofiat at sit , per , sive in , sive cum , sive sub , sive trans , nullum inibi verbum , & quia verbum nullum merito a fide procul ablegamus , inter Scita Scholae ponimus , inter fidei Articulos non ponimus . And after he had instanced the saying of Durandus , cited by the Doctor , he adds , Praesentiam credimus , nec minus quam vos , veram . De modo praesentiae nil temere definimus , addo , nec anxie inquirimus , non magis quam in Baptismo nostro , quomodo abluat nos Sanguis Christi , non magis quam in Christi incarnatione , quomodo naturae divinae humana in eandem hypostasin uniatur . Notwithstanding of all this , the Doctor did not Believe , Assert , or Recommend , the Corporal and Carnal Presence of our Saviour in the Eucharist ; but he lov'd to Express his Reverence of that Mystery , otherways than the Presbyterians do ; who , for the most part show so little regard unto it , that in the West of Scotland , their greatest Zealots , did not Administer the Sacrament , of the Lord's Supper for twenty years together . The next thing those sharp-sighted Inquisitors , did consider in the Doctor 's Answers , is , that tho' he denyed his being Arminian , yet he not only refused to subscribe their Confessions of Faith , in the Complex , but also declared , he would not then give a present Answer whether or no he thought the Article about Freewill , and the first Article about Justification were agreeable to the Word of God , and whether he owned the same . In what Sense the Doctor denyed himself to be Arminian , may be seen in his Answers to the Libel ; of the rest take this following account . When they asked him , if he would Subscribe the Westminster Confession of Faith , he answered that he would Subscribe no Confession composed by fallible Men , but so far as it might be agreeable to the Word of God. For since those Gentlemen at Westminster were not Divinely inspired , their Dictates might be fairly examined , and that his Subscription to any Confession did necessarily imply this reserve and limitation . Then the Doctor was desired to instance those Articles in the Westminster Confession , he thought not agreeable to the Word of God. To this he replyed , he was not obliged ; it was enough that he gave them this plain and positive Answer , he would not Subscribe the Westminster Confession , without the former Restriction : For he never made it much his Business , since this Visitation began ; especially , to look so narrowly into the Presbyterian Books ; and for the Particular Articles about which they desired to know his Judgement , it was needless for them to be so Inquisitive , for if he refused any one part of what was required by the present Law , he was sure to be deprived , so it was not worth the while to satisfie the Curiosity of the Committee-Men in their little Punctilios . Yet he promised ( saith the Report ) to give a particular Answer in writ concerning those Articles of Freewill , and Justification , and here they plainly Insinuate him guilty of Breach of promise ; it is true , the Doctor did promise if the Libel had been Subscribed and owned by any Informer , to return a particular Answer to all the Articles that were contained therein ; but to give them an account of his private Judgement in the Articles of Freewill , and Justification was needless , for every Man's Conscience did plainly convince him , he had Free-will , else he could not see how the remorse of Conscience could be understood , which makes the Remembrance of our willful Sins so uneasie to us . Next they will have the Doctor Guilty of Negligence , because he did not oblige the Students to write his Dictates so often as the Visitors would have had him , though the frequent returns of other Exercises , ( much more useful ) made this impossible to him . But this is an impertinence not worth considering , and the same exception hath been sufficiently answered in the former Tryals . Besides , since most of the Students of Divinity are obliged once a Year to sustain publick Disputes , and that the Professor is allowed but two Dyets a Week , it was not convenient he should Dictate above seven or eight times a Year , else he could not but hinder the Freedom and Solemnity of their publick Disputes and other Exercises . Now in the last place , they mention the Doctor would not qualifie himself according to Law , it is certainly true , that he will never prostitute his Conscience so far as to do any thing wilfully against his Convictions in a matter of so great Consequence : And it might be expected by such as did not well know the Ministers that sate in that Committee , that they , who pretended so much to a tender Conscience , would have taken more pains to inform the Doctor , than presently to insert in their Report to the Commission , ( without acquainting him ) what they had snatcht from his Mouth upon surprize . The Presbyterians in the Year 1638 were truly more Civil , and took some pains in the beginning to inform such as differ'd from them , tho' their Methods afterwards became very severe . But the plain Truth in this matter is , that the Suspicion of being Arminian , ( especially his Reading the Liturgy of the Church of England ) was it that made his Enemies implacable , because that in the third Article of their Libel against him ▪ they seem to pass Sentence against him , upon this very head before he was heard , for ( say they ) none can Legally enjoy Benefices in the Church or Universities , who differ from the Church of Scotland in her Present Establishment in Doctrine or Worship . Next , he was Examin'd more particularly about the English Liturgie ; They ask'd , whether he used that Service in his Family , before the Revolution ? To which he Answered , he did , tho' not so frequently ; yet he did not so constantly tye himself to that Form , but that he used Conceived Prayer ; upon the hearing of this , one of the Ministers said , that it was not usual for such as were accustomed with that Service , at any time to use extemporary Prayers ; neither did he think that such could pray after that manner ; and therefore the Doctor , making use thereof , was a Schismatick from the Church of which he was a Member ; so Saucily do they talk , when they themselves are Schismaticks from the Vniversal Church ; yet they venture to Brand all others that differ from them with that Infamous Character ; they think none can Pray as they do ; and the plain truth is , that , in some Sense , it 's very true ; for it 's very difficult to reconcile so much Boldness and Indiscretion , as is observable in their Prayers , either to the Fear of God , or Christian Humility . They then ask'd the Doctor , who concurred with him in that Worship ? He answer'd , That of late , since the Church was pull'd down , a great many of good Quality did frequent it . At which they were greatly nettled , and asked him again , who had pulled down the Church ? To which the Doctor replied , he was not obliged to give any particular answer , it was evident enough , that a National Church establish'd by Law was pull'd down . To which one of their number said , that that was pretty indeed , if the pulling down of fourteen * Carles , was the pulling down of the Church . This Gentleman should have remembred that there was many more than fourteen pull'd down by the Rabble , and more since by Presbytery ; but out of kindness to him , I shall make no particular answers to what he said in his passion . He was next desired to answer positively whether he was an Arminian ? The Doctor answered , that the Arminians were Presbyterians , and he was none . The same Person ask'd again what the Doctors judgment might be of the five controverted Articles ? To which he answer'd , that he was not obliged to declare his private judgment in those controversies . If they thought Arminianism a crime that deserved deprivation , they might accuse him , and prove it against him , for he was not obliged to accuse himself . At last , one of the Ministers expresly required him to declare his opinion about the Doctrine of Freewill and Justification , to which the Doctor replied as before . Sometime before the Doctor once ask'd the Committee whether they were a Civil or Ecclesiastick Judicatory ? If a Civil , how came the Presbyterian Ministers to sit there , who clamour'd perpetually against the Bishops for being Members of Parliament , since now themselves acted by a Commission from the Parliament ; and if Ecclesiastical , he wish'd to know from whom they had their Power ? Thus the Doctor was tossed and wearied with their endless trifling and insidious Questions . When I look back upon all the steps of Dr. Strachan ' s Tryal , it brings to my mind one of the Fables we were taught when we were Boys . The Wolf and the Lamb met at a Fountain , as soon as the Wolf saw the Lamb he Lybelled , and accused him , first that he troubled the Waters ; for the Wolf alledged he could not drink them ; the Lamb answered that he could not trouble the Waters , he stood much lower than the Fountain . This Accusation being removed , the Wolf told him that six Months ago he heard the Lamb curse him . The Lamb answered that he was not six Months old : so the second Accusation was as calumnious as the first . Then the Wolf told him , if you did not , your Father did curse me : There was no answering the third Article of the Libel , so the Lamb was worried . Reader , THou hast now heard how the Presbyterian Inquisition proceeded against these two Doctors , with the same Rigour and Severity they Persecuted all such as they judged to be of the Episcopal Perswasion in that Colledge , and in all the Colledges of the Mother University at St. Andrews : One Instance more of the Presbyterian Partiality in Judging , I must not here omit , and it 's this . They admitted and sustained Libels against all the Masters that they thought Episcopal , without the least shaddow of any Accuser or Informer , when themselves also knew the Article to be most false ; yet if any of the Masters who were Presbyterians , or who had insinuated themselves into their Favour ; I say any such were informed against , tho' the Indictment was subscribed by Men of undoubted Reputation ; and contained many things that justly deserved deprivation ; yet the matter was huddled up , without examining any one Article . As in the Case of Mr. Andr. Massie , against whom an Information was given in , subscribed by two Gentlemen of Great Learning and Reputation , the one a Doctor of Medicin , the other a Master of Arts in Edinburgh ; but the Inquisitors knew that these Informers were not of their Gang , nor had any liking to their Cause , and therefore they took no notice of the Charge , which is as follows . Information against Mr. Massie . THere being a Commission granted by Their Majesties and Estates of Parliament , to some Noblemen , Gentlemen , and Ministers , for Visiting the Universities of this Kingdom ; the said Visitors are earnestly desired to Consider and Examine the Behaviour and Management of Mr. Andrew Massie , Regent in the Colledge of Edinburgh , who these several years has been an useless and unfit Master of the said University . 1. The Visitors are desired to consider Mr. Massie's base and indirect ways to procure Scholars to himself , which is thus , While he was a Regent in old Aberdeen , during the whole Vacance , he used to Travel up and down the Country , and where ever he heard there were any young Boys , without any Introduction , he would impudently address himself to their Parents and Friends , and assure them that the Boys were fit for the Colledge , albeit , very often they did not understand a word of Latin ; and if any of their Parents or Friends did object to him , their Children not being qualified , he did promise to make up the same , by extraordinary pains and care by himself , which he never did yet , being the most superficial and unconcerned Master that ever was in an University , as will appear afterwards . When he came to the Colledge of Edinburgh , and found that way not so practicable here , his method was , and is , to spread confidently abroad , that none of the Courses were necessary , which preceeded that which he taught for the time ; so that he never fail'd to have Semies , Bauchelours , and Magistrands , who were never at any Colledge before , and he admitted them to be Scholars , without offering them to be examined by the Principal or Masters . And this he did so frequently , that there was a publick Process intended against him , in Anno. 1684. And as this is not our and known to the whole University , so the same can be proven by particular Witnesses . 2. The Visitors are desired to consider his way and manner of Teaching his Scholars , which is so trifling and superficial , that there can be no excuse given for it . For , 1. He never explains his Notes , but unconcernedly reads them shortly over , without ever making any Digression or Commenting upon them , so as to make his Scholars to understand them . 2. There are many in his Class , at whom he will not ask one question in the whole year , nor once examine them . 3. He takes no notice of the Absents ; since many of them will be absent for some weeks , and yet he never misses nor calls for them , neither does he fine or punish them for their absence ; and the effect of this , the time he taught his last course was , that the trafficking Priests and Jesuits did debauch more of his Scholars then of all the other Students in Scotland beside . 4. He takes as little notice and care of his Scholars when present ; for albeit his Class be numerous , yet there will not be eight or ten taking notice of what is said or dictated , while the rest in his presence are talking , tossing , and fighting together in the School : And an effect of this is , that there is more expence for mending the Glass Windows of his School , than of all the other Schools besides . 5. He gives very ill attendance ; for all along . and particularly the last Session of the Colledge , he never entered the Colledge till half an hour after eight in the Morning , and near eleven in the Forenoon ; and this was so well known to his Scholars , who did not expect him sooner , that it made them either stay from the Colledge altogether , or so disturb it , that it was hardly possible for other Masters to keep their Meetings at these times . 6. He has very few Meetings with his Scholars on the Lords day , and takes no care that the Scholars attend , since of seventy or eighty , of which his Class may consist , there will not be above eight or ten present . 7. He altogether neglects the Office of Hebdomader ( which was the most useful attendance in the Colledge , for preventing of Tumults ) in so much that the Scholars did ordinarily brag , that Massie's Week was near ; and that then they should be reveng'd of one another . 3. The Visitors are desired to examine his care anent the Library , which should be very dear to all the Masters ; and yet Mr. Massie took no care to make his Scholars pay their dues at their Matriculation , and Laureation ; and particularly this last three years there were to the number of 58 of his Scholars , whom he would not bring to Matriculation , notwithstanding he was desired thereto by the Principal ; and the Catalogue of these Scholars Names the Biblothecar can exhibit to the Visitors if required . 2. It is evident by the Journal Books of the Library , that in the Year 1680 , or 1681 , there was taken out of the Money belonging to the Library Twenty Pounds Sterling , or thereby , for uses unknown to any of the present Masters , for which Mr. Massey gave his Ticket , and which Ticket , without paying the Money , he did again take up from Mr. Robert Henderson the Biblothecar , or his Father ; who can give the best account of these Affairs , and his other Dealings anent the Library . 4. The Visitors are desired to consider what he Teaches , or rather what is contained in his Notes , ( which for the gross of them he Copies from those of Mr. John Strachan , who was a Regent when he entered to the Colledge of Aberdeen , and afterward turned Jesuit ) and they will find in the questions , wherein there is occasion of differing from others ; that his Doctrine is either such as tends to Scepticism , and uncertainty of all things , or such as inclines to Atheisme : As when he asserts that a Creature may Create its own self , and that even as the principal and efficient Cause ; Or such as favours Popish Transubstantiation , as his Doctrine concerning the Bilocation of Bodies ; or such as favours Arminianism , as his Doctrine de Scientia media ; or such as inclines to Superstition , and the Diabolick Art , as the Doctrine of Judiciary Astrology , and particularly de Genituris , which , contrare to the Example of all Christian Schools , he inlarges upon and Exemplifies ; or such as is pure incomprehensible Non-sence , as when he says the Diagonal of a Square is not really longer than the side ; and for his publick Appearances , his maintaining of Theses in the common School on the Saturdays , amounts to no more than giving of the Jesuits answers to evident truths , viz. That the contrair is the opinion of some Doctors , and consequently probable , and may be safely followed ; and on the last Saturday of March last in the hearing of all the Masters , and some of the English Gentlemen who were accidentally present , he stuck not to say in express words , That Deus non justè punit peccatores . And always at these publick Disputes he falls out in such passions , when any thing is reasonably urged against him , that the Students cannot forbear to hiss at him . 5. Albeit , for the time the Visitors be not troubled with an Account of his gross Hypocrisie , Covetousness and the Immoralities of his Life : Yet it is not amiss that they know his merits in relation to the present Established Government of Church and State ; it 's true , he was bred Presbyterian , and did take all the Oaths , and lies under all the Obligations that were at those times imposed when he was bred , and first entered in publick Employment , from the year 1647 to the year 1660. But it 's as true , that without any scruple , he broke all these Bonds , took the Declaration and all Oaths of course in King Charles's Reign , and conformed and complied as much as any man. And when he came to be Regent in the Colledge of Edinburgh , he owned his dislike of the Students burning of the Pope in the year 1680 ; and in the year 1681 he took and swore the Oath of the Test ; and again in the year 1685 in the late-King James's Reign , he swore the same Oath again on his bended knees before the then Bishop of Edinburgh . His courting of the Popish Priests was so often and barefac'd , that ( beside his conniving at their seducing and perverting his Scholars to the Romish Religion ) in the year 1687 at the publick Laureation in the common School , He , as a Praeses , Invited , and had with him in the Pulpit , Father Reid , as he called him , a Dominican Fryar , and a trafficking Papist . After the Battel of Gillicrankie , he went to complement a Popish Lady on the Victory : And frequently this Summer he has averred that the Church of England is the best constitute Church , and that the Scots Episcopal Clergy are the honestest Men in the World. It 's true , he will take all the Oaths that can be put to him , but the Visitors would consider that he hath already broken all the Ingagements by which he was tyed to the Presbyterian interest : Neither can the Government ever be secure of him , since beside his practice , he teaches in his Notes , That Potest dari Dominium duorum in solidum in unam & eandem rem per notabile aliquod tempus . So that tho' he swear that King William is King de Jure , yet , according to his Principles , King James may be so too . Warrant by the Commissioners for Visiting of Universities , for Citing of Parties before their Committee at Edinburgh . THe Lords and others Commissioners , appointed by Act of Parliament for visiting of Universities and Schools within this Kingdom , do hereby require and Command Messengers to pass to the Mercat Cross of Edinburgh , upon a Mercat Day , betwixt ten and twelve a Clock in the forenoon , and immediately thereafter , to the most patent Gate of the University of Edinburgh , and sicklike to pass to the Mercat Crosses of Edinburgh , Haddingtoun , Duns , Greenlaw and Lauder , Jedburgh , Sclkirk , Peebles , Linlithgow and Stirling , and thereat , after open Proclamation , and publick Reading of the said Act of Parliament , herewith sent , appointing the saids Visitors , and this present Warrant , to Summon , Warn , and Charge the Principal , Professors , Regents , and all others Masters of the University of Edinburgh , and School-Masters teaching Latin in the said Town , at the Mercat Cross of Edinburgh . and Colledge Gate thereof , and all other Schoomlasters , teaching Latin within the Shires of Edinburgh , Haddingtoun , Berwick , Roxburgh , Sclkirk , Peebles , Linlithgow and Stirling , at the Mercat-Crosses of the Head-burgs of the respective Shires , within which they live , upon fifteen days warning , to compear before the Committee of the saids Visitors , delegat by them conform to the said Act of Parliament , to the effect therein specified , at Edinburgh , in the High-Common-Hall of the Colledge thereof , the twenty Day of August next to come , at ten a Clock in the forenoon , to answer and satisfie the said Committee , upon the points contained in the said Act of Parliament , conform to the Instructions given by the saids Commissioners to them : And likewise , the saids Commissioners do hereby require the saids Messengers at the same time and place , and in the same manner , to summon and warn all the Loidges , who have any thing to object against the said Principal , Professors , Regents , Masters of the saids Universities , and School Masters teaching Latin within the bounds of the said Shires , to compear before the said Committee , the said day and place , to give in objections against the said Principal , Professors , Regents and others foresaid ; And also requiring the saids Messengers , at the said time and place , to make Intimations to the Magistrats of the Burghs-Royal , within the saids bounds , that they send in subscribed Lists of the School Masters , teaching Latin within their respective Burrows Royal , and to the Sheriffs of the Shires above-named , that they send in Lists of such School Masters , within their respective Shires , out with the Burrows-Royal ; which subscribed Lists are to be sent to the Clerks of this Commission , or their Deputs appointed for that Committee , which is to meet at Edinburgh , and that betwixt and the said twenty day of August next , to which the saids Principal , Professors , Regents , and others Masters are Cited , as the saids Sheriffs and Magistrats will be answerable ; Requireing in like manner the Messengers executors of this present Warrant , not only to read publickly the same , and the Citation to be given therein at the said Mercat-Crosses and Colledge-Gate , but also to leave Printed Copies of the said Act of Parliament , and Copies of this present Warrant , and of the Citation thereof , affixt upon the Mercat-Crosses of the Head-burghs of the saids Shires , and upon the most patent Gates of the said Colledge : Requiring lastly , the saids Messengers , executors of these Presents , to return the same with formal Executions , and Indorsations thereof , duly subscribed by them , before subscribing Witnesses , to the saids Clerks or their Deputs , betwixt and the said day of the said Committees meeting at Edinburgh : For doing of all which , these Presents shall be their sufficient Warrant . Given at Edinburgh , the twenty fifth day of July , One Thousand six Hundred and ninety Years . And Ordains these presents to be Printed . Extracted forth of the Records , by me THO. BURNET , Cls. Reg. FINIS . ERRATA PAg. 5. line 1. for been , r. but. Pag. 7. l. 23. for not only , r. over and above . L. 24. del . but also . Pag. 12. l. 14. r. in the. Notes, typically marginal, from the original text Notes for div A70609-e310 * Westminster Confession . * As they are pleased to call all Episcopal men . * Viz. Dr. Monro . * Altho' the ordering of Colleges be , as themselves acknowledge , an inherent Prerogative of the Crown . * Vid. Acts Parliament , Pag. 1. & 2. * Which differs vastly , not only from all Presbyterians abroad , but from all their own former Constitutions . * Vid. Act of Parliament , Sess . 1. Gul. & Mar. Appointing 60 Presbyterians instead of 14 Bishops — to Govern the Church of Scotland : by an Arbitrary Power , whence there was no Appeal , no , not to the King himself ; * Viz. D. M. * When K. C. II. immediately after their Murther of Arch-Bishop Sharp , and Rebellion at Bathwel Bridge Anno 1679. Granted them such an ample Indulgence , as even to Enjoy Ecclesiastical Benefices , only upon the Condition of but Living Peaceably ; for which they were to find Surety under Penalty of about 330 Pound Ster . Those few who Embraced the King's Goodness in this , were Declaimed against by the whole Faction , as Deserters of God and his Cause , and a Book was Printed and Published that same year , ( by the Approbation of the whole Party , as the Author says ) to prove that to engage in or observe such a Condition , is Inconvenient , Scandalous , and Sinful . They pretended the State could neither make Peace nor War , without the Interposal of the Kirk , for it fell under their Consideration , as a Case of Conscience : Act and Declaration against the Act of Parliament : July 28. Anno 1648. * Sine Auctore vero propositi Libelli nullocrimine locum habere debent , nam & pessimi exempli , nec nostri saeculi est . Trajan . Plinio Ep. 98. inter Ep. Plin. Cicil . 2d . * So both the Civil and the Scots Law require . * A Ruling Elder is a Scripture word , but the thing signified by it in the Presbyterian Language is not to be met with in the Scriptures , a late Invention obtruded upon the World. Witness Mr. Black. Vide Spotswood . J. F. * Their own Phrase , for no less distinction must be made between them and those that differ from them , than that which is between good Christians and unbaptized Heathens . * Mr. Rules , now Prima●● 〈◊〉 of the Colledge at Edinburgh being supposed to have the best hand among them for disguising Truth , is appointed for that work by the General Assembly as appears by one of their unprinted Acts to that purpose . And now that he is engaged in the Work I would advise him to write in Latine , for his Reculiarities in that Language may tempt some People to read it , otherwise his Book may be Buried under the same deserved Contempt and Obscurity , which was the fate of his trifling Pamphlets against some Doctors of the Church of England , which no body designs either to Read or Answer ; no more than he himself or any of his Party believes what he asserts concerning the Church of Scotland , in his last Squib against Episcopacy . Notes for div A70609-e7800 * Now Possess'd of the Principal 's place . * That is , Meetings for Teaching their Scholars . * Donations . * Lord Duudie . * Graduation . * This Mr. Reid was Examined with all severily and diligence ( but still in private ) threatned and cajoll'd but the Man being of more Honesty then Fear , told them what he knew , and that rather incensed their Envy , than satisfied their Design . * This Article was let fall , for after all their Industry , they could saynothing upon the Head , no Report made of it to the Commission of the General Visitation . * Auditum admissi risum te●nea●is amici . * Ja. Martin . We shall hear more of this in the Report of the Committee , where its Impertinencies will be more particularly Examined . * XIX Book , An. 1567. Regnante Jacobs Sexto . Scotiante aliquot Annos Anglorum auxiliise servitute Gallica liberati Religionis cultui & ritibus cum Anglis communibus subscripserunt . See Spotswood also , beginning of the 3d Book . This Answer to the 3d Article of the Doctor 's Libel , did exasperate the Presbyterians to the highest degree , and they to whom it was recommended to view and examine his Answers , thought they discovered strange consequences in this . But some of the Nobility who were present when this was toss'd , would not suffer such Fooleries as were then objected to be inserted in their Report , partly that the Presbyterians might not be exposed ; partly , that they might not be Witnesses to such palpable Impertinencies ; and partly , that none might say the Ministers , to whom the Government was committed , were such Fools as to flie in the face of the Church of England , in this juncture . This Article was let fall , and no Report made of it to the General Commission . What Esteem the most Learned and best Natur'd Divines in Foreign Churches had of the Church of England , its Learning , Piety , Constitution , and Primitive Order ; may be gathered from hundreds of Authentick Testimonies ; I will only here insert one , from the Venerable Du Moline , it is in his 3d Epistle to Bishop Andrews , inter opuscula quaedam posthuma Episcopi Wint. Egone malè vellem ordini vestro , de quo nunquam ●●cutus sum sine honore , ut pote qui sciò Instaurationem Ecclesiae Anglicanae , & Evers●●nem Papism● , post Deum & Reges deberi praecipuè Episcoporum Doctrinae & indust●iae . Quorum etiam nonnulli Martyri● Coronati Sangnine suo subscripserunt Evangelio ? Q●rum habemu scripta & meminimus gesta ac zelum nulla ex parte inserio em zel● praestantiss●●norum Dei servo um quos vel Gallia vel Germania tulit . Hoc qui negat , oppo●tet vel sit improbè vecors , vel Dei Gloriae invidus vel cerebrosa soliditate stupens caliget in clara luce ; Hanc igitur suspicionem a me amotam volo : maximè cum videam Calvinum ipsum & Beza● quos solent quidam suae pervicaceae obtendere , mustas scripsisse Epistolas ad Praesules Angliae , eosque affari ut fideles Dei servos , & bene meritos de Ecclesia : Nec sum usque adeo oris duri ut velim adversus illa veteris Ecclesiae lumina , Ignatium , Polycarpum , Cyprianum , Augustinum , Chrysostomum , Basilium , Gregorios , Nissenuni , & Nazianzenum , Episcopos ferre sententiam , ut adversus Ho●ines vitio creatos vel usurpatores muneris illiciti , plus semper apud me poterit veneranda illa primorum saeculorum antiquitas , quam Novella cujusquam Iustitutio . Desigillatio Epistolarum crimen falsi . We shall hear more of this Letter in the Report of the Committee . * An Order from the Publick to Imprison . Elian. Spart . in vita Severi . Sed triumphum respuit ne videretur de civili triumphare victoria . We bear no more of this Article . Since of Orkne● , a Person who , for his great Learning , Piety , and Prudence , all good Men justly esteem . * Which among the Scots signifie such writs as oblige any Man to secure the Peace under the pain of Imprisonment . * Second . I believe Mr. Rule , now that he hath had the Government of that House in his hand for some time , will not think the extravagance of some Boys a sufficient reason to deprive the Principal , e●se he must expect the next Visitation may conclude he has lost the Spirit of Government . It is not difficult to guess his Informer , nor his inveterate prejudice against those Professours . Difficile Satyrum scribere , This is the Objection they insisted most upo● ; and the whole Story of it is related in the Animadversions upon the Report of the Committee in the following Pages . No report made of this Article to the General Commission of the Visitation . * Vpon Munday 10 Dec. 1688 , where there were 36 either killed or wounded . No Report of this Article , no Witnesses examined ; no not Brown himself after all their industry with him in private ▪ This part of his Answer was directed to Sir John Hail , a Man so little obliged to the Vniversities , that the Masters could not reasonably look for any kindness from him . Too inconsiderable a Man to be any further chastised , H. F. We shall hear more of this in the Report of the Committee . Heads of Agreement , by the Vnited Ministers , Head 8 , of a Confession of Faith. Vide Acts of the General Assemb . 1646. Rin●eit . A Presbyterian Minister . * This word in the Phanatick Language signifies the Vindication of one from Calumny and Slander . Tho' the Doctor did this by order , yet he needed no order for it , it being in his power to remove and set up Pictures , or any other Furniture as he pleased . * Publick Registers . This Declaration , contradicts the Report in three Material Instances . Notes for div A70609-e20920 * i.e. Reputed . So much the greater shame , a Method was taken not allowed by any Act of Parliament , and contrary to the common Forms of Justice over all Nations , to receive Libels , and to conceal the Informer ; and when those Scurrilous Papers had in them the Nature , Design , and Materials of a defamatory Libel , then to pretend there were no Libels given against them , because my Lord Crawford , was pleased to call the Libels Informations , and is it Consistent with Reason to receive Informations , or Libels , before Solemn Courts of Judicatory , and still to conceal the Informer , a Practice so infamous , that as it never had a precedent in that Nation : So I hope Posterity shall never imitate it . Lib. 4. Cap. 17. Sect. 7. Of this many instances may be given in the time of the late troubles , though it be a part of the constant nourishment of Christ's Family upon Earth , till he return to Judge the quick and the dead . Nor could it be reasonably thought he came there to be examin'd by such Pedagogues . * Old Fellows . 
A75880	----	The address presented to his Majesty at Kensington the 11th. day of June 1700. by the Lord Ross, and the Lairds of Grubbet, Torwoodlie and Dollary, commissioners appointed by the other members of Parliament, who subscribed the same 1700 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A75880 Wing A555 ESTC R231594 99897443 99897443 137092 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A75880) Transcribed from: (Early English Books Online ; image set 137092) Images scanned from microfilm: (Early English books, 1641-1700 ; 2487:1) The address presented to his Majesty at Kensington the 11th. day of June 1700. by the Lord Ross, and the Lairds of Grubbet, Torwoodlie and Dollary, commissioners appointed by the other members of Parliament, who subscribed the same Ross of Hawkhead, William Ross, Baron, 1656?-1738. 1 sheet ([1] p.) s.n., [London : 1700] Imprint from Wing (CD-ROM edition). Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Great Britain -- History -- 1689-1714 -- Early works to 1800. Broadsides -- England 2008-06 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion The Address presented to His Majesty at Kensington the 11th . day of June 1700. by the Lord Ross , and the Lairds of Grubbet , Torwoodlie and Dollary , Commissioners appointed by the other Members of Parliament , who subscribed the same . VVE Your Majesty's most Loyal and Dutiful Subjects , the Subscribing Noblemen , Barons , and Burgesses of this your Ancient Kingdom of SCOTLAND , Members of the same Parliament which happily Settled Your Majesty's Government over Us , and has ever since given continued Proofs of Zeal and Affection to your Majesty's Service in the several Sessions thereof : Do humbly Represent to Your Majesty , that having according to Your Majesty's Royal Appointment , met together in Parliament , with full Resolution to have proceeded in the like good Intentions , for the Honour and Interest of your Majesty and People ; It is to Our unspeakable Grief and Disappointment , that not only there has been no Return given to the Unanimous Address of the last Session of Parliament , Expressing the whole Nation 's Concern in the INDIAN and AFRICAN Company : But also after a Motion made in this Session of Parliament for a Resolve , That Our Colony of CALEDONIA in DARIEN , is a Legal and Rightful Settlement , in the Terms of the Act of Parliament 1965. And that the Parliament would Mantain and Support the same . Members beginning to Reason thereupon , were Interrupted by an Adjournment , which We Humbly Conceive is not agreeable to the 40 Act of the 11th , Parliament of King James the 6. Where it is promitted , That nothing shall be done or Commanded , which might Directly or Indirectly Prejudge the Liberty of free Voting , and Reasoning of the Estates of Parliament , or any of them in all time coming . And thereafter , by a Subsequent Adjournment , from the Thirtieth day of May instant , to the Twentieth day of June next , the Parliament was not permitted to come to any Resolution , in the pressing Concerns of the Nation ; which we cannot think consistent with that Article of Our Claim of Right , whereby it is Declared , That for the Redress of all Grievances , and for the Amending , Strengthning , and Preserving of the Laws , Parliaments ought to be frequently called and allowed to Sit , and the Freedom of Speech and Debate secured to the Members . We do therefore in all Humility and Earnestness , Intreat , That Your Majesty will be graciously pleased , to allow your Parliament to Meet at the Day to which it is now Adjourned ; and to fit as long as may be Necessary , for Redressing the Grievances of the Nation , Asserting its just Rights and Priviledges , as well at Home as Abroad , in its Colony of CALEDONIA , And for Enacting such Laws as may be for the Advancement and Security of Religion , the Honour of your Majesty , and the true Interest of this Nation . We are May it please your Majesty , Your Majesty's most Dutiful , most Loyal , and most Obedient Subjects and Servants . BURGESSES . Robert Chieslie for Edinburgh Robert Smith Perth Robert Cruikshanks Aberdeen Walter Stewart Linlithgow James Smith St. Andrews Patrick Murray A 〈…〉 ather-Easter John Cuthbert Inversess Alexander Gedd Bruntisland Francis Molison Brechin James Hamilton Dumfermling George Smith Pittenweem , Robert Faa Dumbar John Muir Peebles James Stewart Elgin Patrick Steven Aberbrothock John Lyon Forfar Robert Stewart Rothsay James Scott Rutherglen Robert Cleilland Anstruther-Wester Alexander Stevenson Kilrenny Daniel Simpson Fortross William Beatie Bervie Patrick Murray Stranrawer Adam Ainsly Jedburgh William Hamilton Queensferry William Brodie Forres Alexander Edgar Haddingtoun Robert Stewart Dingwall BARONS . Alexander Gilmore of Craigmillar . William Hepburn of Beenstoun John Home of Blackader George Baillie of Jerviswood William Bennet of Grubbet Francis Scott of Thirlestane James Pringle of Torwoodlie Alexander Murray of Blackbarrony William Baillie of Lamington James Hamilton of Aikenhead Alexander Johnston of Elshishiels William Mackdowal of Garthland John Craford of Kilbirny . Robert Pollock of that Ilk Alexander Monro of Bear Crofts Patrick Murray of Livingston Thomas Sharp of Houston James Craigie younger of Dumbarny Thomas Burnet of Lees. Alexander Arbuthnet of Knox James More of Stonywood Ludovick Grant of that Ilk Duncan Forbes of Collodin George Brodie of Aslisk James Kilpatrick of Closburn : William Enster of Anstru●her James Carnagie of Finhaven . James Scot of Logie Junior Thomas Abercromby of Birkinbog Alexander Duff of Braceo Adam Gordon of Dalfolly Alexander Gordon of Garthie Alexander Brodie of that Ilk Patrick Murray of Pennyland William Craigie of Gairsie John Erskine of Alva John Swinton of that Ilk Jame . Scott of Logie . John Scott of Well James Scott of Galla Robert Craig of Rickerton William Morison of Prestoungrange John Lauder of Fountainhall William Steward of Ambrismore NOBLEMEN . HAMILTON TWEEDDALE MARISCHALL SOUTHERLAND CASSILS TULLIBARDIN RUGLAND STRATHALLAN SALTON ROSS LINDORES BLANTYRE BURLEIGH FORRESTER BARGANY ELIBANK BELHAVEN DUFFUS COLVIL KINNAIRD . Memorandum , That several other Members of Parliament , who happen'd not to be present at the Signing of this Address , did not only previously agree to it , but did moreover Sign the last National Address , which in express terms concurrs with this . 
A76906	----	Bloody nevves rom [sic] the Scottish Army, concerning the late bloody fight upon Munday last, six miles on this side Carlisle, between the 2. armies of England and Scotland, the one commanded by Major Gen. Lambert, the other by his Excellency Duke Hamilton. With the number that were slain and taken prisoners on both sides, and the resolution of the Scottish Army thereupon, and the names of the chiefe commanders of Scotland, which were wounded in the fight. Likewise the Scottish message to the English army, and their answer and resolution thereupon. With the declaration of the county of Kent, concerning the landing of the Duke of York, and the coming in tothe [sic] Scotish army. This text is an enriched version of the TCP digital transcription A76906 of text R205057 in the English Short Title Catalog (Thomason E453_34). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 12 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A76906 Wing B3284 Thomason E453_34 ESTC R205057 99864499 99864499 161998 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A76906) Transcribed from: (Early English Books Online ; image set 161998) Images scanned from microfilm: (Thomason Tracts ; 72:E453[34]) Bloody nevves rom [sic] the Scottish Army, concerning the late bloody fight upon Munday last, six miles on this side Carlisle, between the 2. armies of England and Scotland, the one commanded by Major Gen. Lambert, the other by his Excellency Duke Hamilton. With the number that were slain and taken prisoners on both sides, and the resolution of the Scottish Army thereupon, and the names of the chiefe commanders of Scotland, which were wounded in the fight. Likewise the Scottish message to the English army, and their answer and resolution thereupon. With the declaration of the county of Kent, concerning the landing of the Duke of York, and the coming in tothe [sic] Scotish army. Hamilton, James Hamilton, Duke of, 1606-1649. Lambert, John, 1619-1683. Scotland. Army. [2], 6 p. printed for general satisfaction, of the English and Scottish .., London : [1648] Publication date from Wing. Consists of 4 letters: 1) dated: Perith Iuly 16. 1648; 2) signed and dated: Avan July 18. 1648. J. Hambleton; 3) signed I. Lambert; 4) dated: Waymer Castle July the 20. 1648. Annotation on Thomason copy: "July 21". Reproduction of the original in the British Library. eng Scotland. -- Army -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Kent (England) -- History -- Early works to 1800. A76906 R205057 (Thomason E453_34). civilwar no Bloody nevves rom [sic] the Scottish Army,: concerning the late bloody fight upon Munday last, six miles on this side Carlisle, between the Hamilton, James Hamilton, Duke of 1648 1892 11 0 0 0 0 0 58 D The rate of 58 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-08 Paul Schaffner Sampled and proofread 2008-08 Paul Schaffner Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion BLOODY NEVVES FROM THE Scottish Army , CONCERNING The late bloody Fight upon Munday last , six Miles on this side Carlisle , between the 2. Armies of England and Sctoland , the one Commanded by Major Gen. Lambert , the other by his Excellency Duke Hamilton . With the number that were slain and taken prisoners on both sides , and the Resolution of the Scottish Army thereupon , and the names of the 〈◊〉 Commanders of Scotland , which were wounded in the Fight . Likewise the Scottish Message to the English Army , and their Answer and Resolution thereupon . With the Declaration of the County of Kent , concerning the Landing of the Duke of York , and the coming in t of he Scottish Army . LONDON , Printed for geneall satisfaction , of the English and Scottish 〈…〉 A Great fight on Sunday last between two Armies of England and Scotland . Honoured Sir , SInce my last to you , dated the 14. of this instant , The Scots Horse are advanced from Carlile , towards our Quarters at Perith , and thought to have fallen upon our Out-guards , and surprized our men in our quarters , but by the vigilancy of our Scouts , they were discovered , and notice were given to our Horse Guards , who were kept 4 , miles from Perith in the Road to Carlile : Whereupon C●ptain Bethel ( a man of known valour and integrity ) receiving the Allarm , caused his Troop immediatly to mount , and with 5. Troopes more , and 2. Troopes of Dragoones advanced towards Warwick bridge , to receive the Scottish ●ockies , which accordingly they did ; for about 2. miles on this side the bridge , a party of the Scots horse ; and 4 Companies of foot , were drawn up in a Close , and stayed only for Orders , their horse who gave the Allarm , retreated another way , so that they had not the least notice of our coming , but upon our near approach , they cryed out , Horse Horse , Arme Arme ; but notwithstanding all their preparatives , our Dragoones dismounted , and got the hedge , and the English ground ; they fired again , and kept their ground , and after a sharp dispute , and furious conflict gallantly maintained on both sides , we gained ground , and beat them out of the field , where they first charged us , they be took themselves to another field , ( the sence thereof being only supported by a small stone wall ) breast high , where they fired very resolutely , but our Dragoones pursued , and made way for the Horse over the wall , which the Scots perceiving , betook themselves to flight , our men pursued them 2. fields , but by reason of fresh supplyes coming to them , made good their retreat , with little losse . In this conflict we lost about 8. men of the enemies , we found dead in the place above 20. who might easily be discovered by their gray shootes and blew Bonnets . It s said that Lieutenant Col. Hames , and Major Ennis , who commanded in chiefe , were mortally wounded , for ndeed they fought resolutely , charging three times through our body of horse , a gallant break-fast at their first coming ; This action happened upon Sunday morning last about 2. of the Clock in the morning , The Armies of Duke Hamiltons are marched on this side Carlile ; the said Duke entered England with about 9000 horse and foot , about 50. Troops , and 70 Companies , their horse not so big as ours in England , excepting those brought thence , there were not so many at the Randevouz at Dunfreese , but more came up , there are very few much affected to the cause , and therefore escape as fast as they can back , which being foreseen , necessitated a degree of raising continually , the Cannon was not come up , nor was there much need , for though speed was made to get upon English ground , yet is it not like they will advance far before they have setled Garisons in Barwick and Carlile ( according to the large Treaty ) which are to be delivered up to them , & out come the English to joyn with Sir Marmaduke Langdale , and so there will be ● . Armies : The Scots Forces are come as farre as Roase Castle , a fine house belonging to the Bishop of Carlisle , and 5. miles on this side the City , but now burnt down because not tena●ble . Major Gen. Lambert lies at Perith about 12. miles from Carlisle , and seven from the Scots , from which place he intends not to budge , expecting 600 horse and dragoones daily , who came from Wales by the way of Chester , also what Yorkshire can afford , the Magistrates of Barwick sent to Scotland ( and it 's like Carlisle will do the like ) to know what terms they should have if the Scots Garison come in : Sir Iohn Morley being escaped from London , is a gallant golden man in Scotland , as any Covenanter of them all , and is now with the Duke , the Kingdome of Scotland generally disaffected to this War , the Ministers speake broad and say , the Divill is Gen. D. Hambleton is but Lieutenant Gen , and that he nevr prospered in any undertaking and they hope he will not in this , and they have a strong faith that way , the Royall English say , get they their ends , the Seots shall be little the better for comming into England . Two Troopes only left in those parts , all the rest gone to Lambert , the Letters which were interchanged between Duke Hambleton , and Major Gen. Lambert , being the Harolds that past before enterance may not unfitly follow . Perith Iuly 16. 1648. Noble Sir . THe Parliament of the Kingdome of Scotland , upon consideration of the great danger eminent to Religion , his Majesties sacred person , and the peace of this Kingdome , from the prevailing power of Sectaries & their adherents in England , did lately send to the Honourable Houses of Parliament such demands , as they conceive just and necessary , whereunto not receiving any Satisfactory answer and finding the danger still increasing , and great forces drawne together upon their borders . The Committee of the Estats of Parliament have thought fit to lay thei● commands upon mee , with such other Noble personages as they have joyned with mee in this service for prosecuting their just desires in pursuance of the ends of the Covenant , according to the joynt Declaration of both Kingdomes , 6. Jan 1643. and 1644. for setling Religion liberation his Majestie from his base imprisonment , freeing the Honourable Houses from such constraint , as have been by forces long upon them , disbanding of all the armies whereby the Subject be free from the intollerable taxes and quarter which they have so long groaned under , and for procuring the settlement of a Sollid peace , and firme union betwixt the Kingdomes under his Majesties Gogovernment . These being the true intentions and desires of the Kingdome of Scotland who will most faithfully observe on their part their engagement by government and Treaty to their bretheren of England ; except you will not oppose their pious , loyall , and necessary undertakings , but rather joyne with them as the prosecution of their ends . I shall desire that the bearer , my Trumpter , may not be long kept , but returnd with your present and possitive answer , that accordingly I may move as I am commanded . Sir . I am your Servant , J. Hambleton . A●an July 18. 1648. To his Excellency Duke Hamilton , and Generall of all the Scotish forces by Sea and land . MY Lord , I received a letter from your Lordship , by your Trumpet , which mention that the Parl. of Scotland ( having upon consideration of the danger to Religion , his Majesties Person and Kingdoms , Sectaries in England ) addrest themselves to to the Parl. of England for redresse , and have not received a satisfact●ry answer therein , To which ( my Lord ) I shall not take upon me to give an answer , seeing the late Ordinances concerning the settlement of Religion , their sundry addresses and propositions tendred to his Majesty in order to the peace and wel being of his Kingdoms are published , and laid open to the view of the whole world , and which I doubt not but are well known to your Lordship . To what your Lordship mentions concerning the encreasing of danger by the drawing of some forces upon the borders of Scotland , I can more fully answer , having the charge and conduct thereof , by Commission from his Excellency the Lord Fairfax , and have his positive Command to be most tender in acting anything , such might give any seeming occasions of offence to our brethren of Scotland , which Commands I can confidently say I have hitherto most consci●ntiously and punctually observed , and further that I do b●lieve it never entred into the Parliament or his Excellencies thoughts to act any thing prejudiciall or harmfull to the Kingdom of Scotland ; And what the true reasons are which do occasion the drawing of these forces so neare the borders , I shall not need to mention : All men knowing it to be for the suppressing of Sir Marmaduke La●gdale and his adherents , who are many of them Papists ; and grand Delinquents , and are lately risen in Rebellion against the Parl. and have ever and still are notorious opposers of the ends of the Covenant , according to the joynt Declaration of both Kingdoms 6. Ian. 1648. for setling Religion , his Majesty in his due rights and Prerogative , and for the procuring a firme Peace and Union betwixt both Kingdoms . Signed I. Lambert . Joyfull Newes from Kent . Endired Sir , THe Tide is now turned , our Countreymen begins to thwart the Sands ; for upon the Intelligence of the Duke of Yorks landing with an Army from Holland , and the Scots coming into England , they resolved to adhere to their late principles , and to stand for the defence of the liberties of their unconquered Nation , and have declared their joynt resolution to oppose all forces whatsoever that shall endeavour to make an inroad within the Bowels of this County , to disturb the Peace thereof , being resolved to display their Banners , in opposition to the Van of the new raised Royalists . Waymer Castle July the 20. 1648. FJNJS . 
A78341	----	A Catalogue of the present Convention of Estates now assembled in the Kingdom of Scotland, with others of the clergy, nobility, and commissioners for shyres and burghs, not therein assembled. Scotland. Convention of Estates. 1689 Approx. 14 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A78341 Wing C1410 ESTC R219650 43077483 ocm 43077483 151542 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A78341) Transcribed from: (Early English Books Online ; image set 151542) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2264:6) A Catalogue of the present Convention of Estates now assembled in the Kingdom of Scotland, with others of the clergy, nobility, and commissioners for shyres and burghs, not therein assembled. Scotland. Convention of Estates. 1 sheet ([1] p.) Printed for J. Partridge, M. Gilliflower, S. Heyrick, and sold by R. Taylor, near Stationers-Hall, London : 1689. Caption title. Imprint from colophon. "Licensed Apr. 23. 1689." Reproduction of original in: Henry E. Huntington Library, San Marino, California. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Convention of Estates. Scotland -- Politics and government -- 1689-1745. Broadsides -- London (England) -- 17th century. 2008-03 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-06 Judith Siefring Sampled and proofread 2008-06 Judith Siefring Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A CATALOGUE OF THE Present CONVENTION of ESTATES now assembled in the KINGDOM of SCOTLAND , with others of the Clergy , Nobility , and Commissioners for Shyres and Burghs , not th●rein assembled . Note that all those with this Mark * before them are in the present Convention . Licensed Apr. 23. 1●●9 . Ja. Fraser . Clergy . Archbisops . * S. Andrews . * Glascow . Bishops . * Edinbrugh . Galloway . * Dunkeld . * Aberdein . * Murray . * Ross . * Birchen . * Dumblaine . * Caithnes . * Isles . Argyle . * Orknay . Nobility . Dukes . * D. of Hamilton . D. of Bŭccleŭgh . D. of Lenox . D. of Gordone . * D. of Queensberrie . Marquesses . * M. of Douglas . M. of Montrose . * M. of Atholl . Earls . * E. of Argyle . * Crawfuird . * Erroll . * Marishall . * Sutherland . * Marr. Airth . Rothes . * Mortoŭn . Buchan . * Glencairne . * Eglingtoŭn . * Cassils . Caithnes . Nithisdaill . Wintoŭn . * Linlithgow . * Home . Pearth . * Dumfermline . Wigloŭn . Strathmore . Abercorne . Roxbrugh . Kellie . Haddingtoun . Galloway . Seaforth . * Lauderdale . * Lothian . Kinnoŭll . Lowdoŭn . Dumfreis . Stirling . Elgine . Southesk . Traquair . Aucrŭm . Weymes . Dalhoussie . * Airlie . Findlator . Carnwarth . * Callender . * Levin . * Annandale . Dysert . * Paumŭir . * Selkirk . * Tweddale . Northesk . * Kincairden . * Balcarras . * Forffar . * Tarras . Midletoŭn . Aboyne . Newbrugh . Kilmarnock . * Dumdonald . Dumbartoŭn . * Kintore . Braealbane . Aberdene . Melfort . Viscounts . Falkland . Dumbar . * Stormont . * Kenmŭir . * Arbutmet . Frendraught . Kingstoŭn . * Oxenfoord . Irving . Kilsyth . Dumblane . Prestone . Newhaven . * Tarbat . Tiviot . Strathallan . * Dundie . Lords . The Lord Forbes . Saltoŭn . Gray . Ochiltrie . Cathcart . * Sinclair . Mordingtoŭn . Sempill . * Elphingstoŭn . Oliphant . * Lovat . Borthwick . Ross . * Torphiche . Spinnie . * Lindores . * Balmorinoc● * Blantyre . * Cardross . Craustoŭn . Burghlie . * Jedburgh . Mathertie . Cowpar . * Melvill . Napper . Cameron . Crammond . Rae . * Forrester . Pitshgo . Kirkcudbright . Frazer . * Bargainy . Banoff . Elibank . * Dunkeld . * Belhaven . Halkertoŭn . Abercrombie . * Carmichaell . * Duffus . * Rollo . * Colvill . * Ruthven . * Rutherfoord . * Ballenden . * Newwark . Nairne . Eymouth . Kinnaird . Glassfoord . Commissioners for Shyres . The Shyre of Edinburgh , Sir James Foulis of Collingtoun , Sir John Maitland of Ravelrig . Haddingtoŭn , * Sir Robert Sinclair of Stevenston , * The Laird of Ormistoŭn . Berwick , * Sir Archibald Cockburn of Langtoŭn , * Sir Patrick Home of Polwart . Roxburg , * Sir William Eliot of Stobs , * Sir Patrick Scott of Aucrŭm . Selkirk , * Sir William Scott Jun. of Harden , * George Pringle of Torwoodlie . Peebles , * Sir Archibald Murray of Blackbarony , * David Murray of Stenhope . Lanerk , * The Laird of Lamingtoŭn , * Sir Daniell Carmichaell of Malshe . Dumfreis , * Sir James Johnstoun of Westerraw . Wigtoŭn . * Sir Andrew Agnew of Lochnaw , * William M'dougall of Garthland , Aire , * The Laird of Blair , * The Laird of Skelmorlie , Dumbartoun , * Claud Hamiltone of Burnes , * William Colquhoun of Craigtoun . Bute , * Sir James Stewart , Shirreff of Bŭte , * David Boyl of Kelburne . Reufrew , * Sir John Maxwell of Pollock , * William Cunningham Jun. of Craigens Stuling , * Sir Charles Erskine of Alva , * John Houstoŭn Jun. of that Ilb. Linlithgow , * Thomas Drummond of Rickartoŭn , * Patrick Murray of Livingstoun . Pearth , * John Halden of Glenegies , * James Ramsay Jun. of Bamfe . Kincairden , * Sir Thomas Burnet of Leys , * Alexander Arbuthnet of Knox. Aberdein , * Sir John Forbes of Craigiwar , * James Moir of Stainewood . Invernes , * The Laird of Grant , * Duncom Forbes of Colloden . Nairn , Cromartie , Argyll , * Sir Duncan Campbell of Auchenbreck . * John Campbell Captain of Carrick . Fyfe , * William Anstruther Jun. of that Ilk. * John Dempster of Pithver . Forfar , * Sir George M'kenzie of Newtyle , * David Erskine of Dŭn. Baniff , * Sir Patrick Ogilble of Boyne , * Alexander Dŭff of Braico . Stewartrie of Kirkcudbright , * Hugh M'guffock of Rusco . Southerland , * John Gordon Jun. of Embo , Adam Gordon of Dalfolie . Caithnes , Elgine , * The Laird of Brodie . * Thomas Dumbar of Grange . Orknay , * William Craigie of Garsey , Clackmanan , * David Bruce of Clackmanan . Ross , Double Elections not yet discuss'd . Kinross , * Sir David Arnot of that Ilb. Commissioners for Burghs . Edinburgh , Sir John Hall Edinburgh , George Stirling . Pearth , Rober Smyth . Dundee , James Fletcher . Aberdene , Alexander Gordone . Stirling . Hugh Kennedie . Linlithgow , William Haigens . St. Andrews , James Smyth . Glasgow , John Andersone . Aire , John Nŭir . Haddingtoun , John Sleigh . Dysert , David Christie . Kirkaldie , John Bosswall . Monross , James Moodi● Coupar , Robert Melvill . Ausbrutheaster , David Spence late Bayly Dumfreis , James Kennau . Juvernes , John Cuthbert . Bruntistand , Alexander Gedd . Junerkerthen , Alexander Spittel . Kinghorne , Patrick Wallace . Brichen , Mr. Hendry Mauld . Irvine , Mr. Alex Cunninghame . Jedbrugh , Adam Ainsley . Kirkcudbrugh , John Ewart . Wigtoun , William Coltran . Dumfermling , Sir Charles Halket . Pitten weym , George Smyth . Selkirk , Mr John Murray . Dumbartoun , Mr. James Smollel . Renfrew , Mr. William Cochran Dumbar , James Smyth . Lanerk , Thomas Hamiltone . Aberbrothock , Patrick Stevin . Elgine , James Stuart Peebles , John Mŭir . Craill , George Moncreif . Tayne , William Ross . Cubross , Mr. William Erskine . Benuff , Walter Stewart . Whitehorne , Patrick Murdoch . Forffar , John Carnegie . Rothsey , Mr. Robert Stewart . Nairne , John Ross . Forres , Thomas Cullock . Rutherglen , John Scott . North berwick , Thomas Stewart . Ausbrutherwester . Mr. Robert Cleilland Cullen , Mr. James Ogilvie . Lander , David Maitland . Kintoir , Hugh Wallace . Annan , Bryce Blair . Lochmaben , Thomas Kennedie Sanquhar , Mr. John Boswall . New Galloway , James Gordone . Kilrenny , George Beaton . Forterose , Robert Innes . Dingwall , Kenneth M ckenzie . Dornock , George Gordone . Queen Ferrie , Mr. William Hamiltone . Junerarie , Hugh Brown. Junerurie , John Andersone . Week , Kirkwall , George Traill . Juverbervie , William Beatie . Stranrawer , Sir John Dalrymple . London , Printed for J. Partridge , M. Gilliflower , S. Heyrick , and sold by R. Taylor , near Stationers-Hall , 1689. 
A78966	----	His Majesties proclamation against a traiterous band contrived in the north Scotland. Privy Council. 1646 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A78966 Wing C2540 Thomason 669.f.9[57] ESTC R212290 99870928 99870928 161155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A78966) Transcribed from: (Early English Books Online ; image set 161155) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[57]) His Majesties proclamation against a traiterous band contrived in the north Scotland. Privy Council. Charles I, King of England, 1600-1649. Scotland. Parliament. 1 sheet ([1] p.) by Evan Tyler, Printer to the Kings most Excellent Majestie, Printed at Edinburgh : 1646. A proclamation of the Privy Council of Scotland against the Marquess of Montrose and his "band against God and his Covenant." Dated at end: Given under our Signet at Edinburgh the 5 of April, and of our Reign the 22 yeer 1646. At end of document: Per actum Dominorum Commiss. predict. Arch. Primerose Cler. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Montrose, James Graham, -- Marquis of, 1612-1650 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2008-03 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 Mona Logarbo Sampled and proofread 2008-05 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HIS MAJESTIES PROCLAMATION , against a Traiterous BAND contrived in the North. CHARLES , By the grace of God , King of Great Britain , France , and Ireland , Defender of the Faith. To our Lovits Our Lion King at Arms , and his brethren Heralds and Pursevants our Sheriffs in that part , greeting . Whereas the Committee of Estates of our Kingdom of Scotland , being most carefull , according to the trust committed to them , To use all means for advancing the Cause of God , setling the publike Peace , and for preventing the practises of such as would in any wise hinder or oppose the same . And seeing a Paper emitted under the Title of An humble Remonstrance , yet being in effect , A Band against God and his Covenant , Us and our authority , and this our native Kingdom and its Peace and Happinesse , tho covered with the specious pretences of Pietie and publike Liberty , Have found themselves oblieged in dutie to take notice thereof , And to undeceive our good Subjects by unfolding the wickednesse and treachery of the same , which evidently appears , The persons who have speciall hand therein being formerly under the like guiltinesse of Banding , contrary to the Nationall Covenant which themselves had sworn ; And having since by severall Bands and Oaths to be seen under their hand writings joyned themselves to the Rebellion of that Excommunicate Traitour James Grahame and his Irish associates , with whom they have corresponded this time past , Have now ( as it seems ) by his advice entred into this Band ( the naturall issue of those consultations and meetings they have kept together of late ) without the knowledge of the publike Judicatories of our Kingdom , contrary to the Law of the Land , and Acts of Parliament expresly made in that behalf : And that they may the more easily inveigle the simpler fort , they have usurped to themselves the flourishing Titles of Lovers of Religion , Our Royall authority , and Our Kingdoms Peace ; their Paper notwithstanding clearly evidencing their intentions to be contrary to all these , By their changing and omitting severall essentiall Articles in the Covenant , which are at length discovered by the Commissioners of the Kirk in their Declaration ; By their slighting and contemning the wayes proposed by both our Kingdoms , in sending Propositions to us , for attaining a safe and well-grounded Peace : And presumptuously taking upon themselves to prescribe other wayes , and to be Arbitrators of the present differences betwixt us and our people : By their traducing the publike proceedings of that our Kingdom , in their seeming regrait of the silence of the civil Judicatories , which by the Plague of Pestilence and present Rebellion ( fomented by the Remonstrants themselves , who despised the maine Orders given to them by the publike Judicatories for suppressing thereof ) hath been so long occasioned , and is now happily provided for by the care of our Parliament , which hath appointed these Judicatories to meet at the ordinary time , if they be not letted by the indirect practises of thir Banders , and such others , who under fair pretexts studie the continuance of the present troubles , And by their open withholding their assisting , and secret resisting the resolutions of the Kingdom , Do what in them lies to weaken the strength thereof , and render it a prey to Forreign powers : As also by their large enumerating the publike Burdens , which have been so necessarily laid on for preserving our Kingdom from ruine , and are so much the heavier on these parts , That these who now complain most , have by their complyance with the Rebels , and refusall to joyn against them , been altogether free thereof as yet : and which have been so sparingly imposed and providently disposed of , that no just occasion of complaint can be made thereof , as will appear by the publike Accompts at length perused by the Estates of our Parliament ; and yet extant to the view of the world . And last , these Banders finding no readier mean to dishearten our good Subjects in the pursuance of this Cause , make large expressions of their sense of the distressed condition of the Countrey , whiles they themselves by their by-gone correspondence and present Banding with declared Traitours and bloodie Irishes who have invaded this our Kingdom , Do really witnesse their intentions to continue , and ( so far as they are able ) increase the troubles and distresses thereof , and seare the bowels of the same . For which purpose they labour to weaken the confidence ●nd Union betwixt our Kingdoms of Scotland and England , which are so firmly joyned in the solemne League and Covenant , that no respects can make them forget their mutuall ingagements , or withhold their assistance from others , as the condition of affairs shall require . All which being at length considered by the Committee of Estates , And they finding this Band to be Destructive to the Covenant , and ends conteined therein , Illegall , and against the Laws of our Kingdom , Prejudiciall to the publike Peace ( now drawing towards a happy close , if not interrupted by such treacherous Plots ) and Divisive for fomenting of Jealousies and continuing the bloody Wars within our Kingdoms , Have declared they will proceed against the same accordingly : And therefore OUR WILL IS , and we charge you straitly and command , that incontinent thir our Letters seen , you passe , and by open Proclamation hereof at the Market Crosses of Edinburgh , Stirling , Glasgow , Dundee , Perth , Forfar , Aberdeen , Innernesse , and other places needfull , In our name and authority command , charge , and inhibit all our good Subjects , That none of them presume nor take upon hand , to acknowledge or signe the said Band , nor joyn themselves with the subscribers thereof in pursuance of the same , under all highest pains which by the Law or practise of this our Realm can be execute upon such unlawfull and seditious Bands . And yet because possibly some of our good Subjects have been through mis-information , fear , or other means insnared and drawn to joyn herein , without any ill intention of themselves ; And We being willing to reclaim all such , Do therefore declare , that whosoever hath signed or joyned in this Band , and will betwixt and the fifteenth of May next to come disclaim and quit the same , shall be free of all censure therefore . The which to do , we commit to you our full power by thir our Letters . Given under our Signet at Edinburgh the 5 of April , and of our Reign the 22 yeer 1646. Per actum Dominorum Commiss . predict . Arch. Primerose Cler. Printed at Edinburgh by Evan Tyler , Printer to the Kings most Excellent Majestie . 1646. 
A79124	----	Charles by the grace of God King of great Brittain, France and Ireland, defender of the faith. To our lovits [blank] messengers, our sheriffes in that part conjunctly and severally specially constitute, greeting. England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription A79124 of text R211963 in the English Short Title Catalog (Thomason 669.f.7[31]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79124 Wing C2826 Thomason 669.f.7[31] ESTC R211963 99870628 99870628 161013 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79124) Transcribed from: (Early English Books Online ; image set 161013) Images scanned from microfilm: (Thomason Tracts ; 245:669f7[31]) Charles by the grace of God King of great Brittain, France and Ireland, defender of the faith. To our lovits [blank] messengers, our sheriffes in that part conjunctly and severally specially constitute, greeting. England and Wales. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 sheet ([1] p.) s.n., [Edinburgh : 1643] Dated and signed at end: Given under Our Signet at Edinburgh the eighteenth of August, and of Our Reigne the nineteenth yeare, 1643. Per actum Dominorum conventionis. Arch. Primerose Cler. Conven. A proclamation for raising men and arms in Scotland, in pursuance of the Solemn Covenant entered into between England and Scotland. With engraving of royal seal at head of document. Annotation on Thomason copy: "Printed at Edinburgh. 18 August 1643.". Reproduction of the original in the British Library. eng Solemn League and Covenant (1643). -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A79124 R211963 (Thomason 669.f.7[31]). civilwar no Charles by the grace of God King of great Brittain, France and Ireland, defender of the faith. To our lovits [blank] messengers, our sheriff England and Wales. Sovereign 1643 841 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms CHARLES by the grace of God King of great Brittain , France and Ireland , defender of the Faith . To Our Lovits Messengers , our Sheriffes in that part conjunctly and severally specially constitute , greeting . Forsameikle as the Estates of Our Kingdome of Scotland presently conveened , taking into their most serious consideration the great and imminent danger of the true Protestant reformed Religion , and of the peace of thir Our Kingdomes from the treacherous and bloudy plots , conspiracies , attempts and practices of Papists , Prelats , Malignants , and their adherents , Have after mature deliberation thought expedient to enter into a solemne and mutuall Covenant with Our Kingdome of England , for the defence of the true Protestant reformed Religion in the Kirk of Scotland , and the reformation of Religion in the Kirk of England , according to the Word of God , the example of the best reformed Kirks , and as may bring the Kirk of God in both Kingdomes to the nearest Conjunction and Uniformity in Religion and Church government , And siclike to preserve and defend the Rights and Priviledges of Our Parliaments , and Liberties of Our Kingdomes respectivè , And to preserve and defend Our Person and Authoritie in the preservation of the said true Religion , and Liberties of Our saids Kingdomes , And to observe the Articles of the late Treaty and Peace betwixt the two Nations , And to assist and defend all that shall enter into this Covenant , in the maintaining and pursuing thereof , as the same more fully proports : Which as it wil be a comfort and incouragement to all Christians who fear God , and love Religion , to all good and loyall Subjects who truly honour Us , and to all true Patriots who tender the liberty of their Countrie : So doubtlesse it wil exasperate and inrage the said Papists , Prelats , Malignants , and their adherents , to practise and execute all the mischief & cruelty they can against this Kirk and Kingdome , as they have done in Our Kingdoms of England and Ireland . For preventing therof , the Estates of this Our said Kingdome ( according to the practise of Our Councel , Convention of Our Estates , & of Our Parliaments in former times of the like exigence ) have resolved to put this Our said Kingdom , with all possible speed , in a present posture of defence , And for the better safety and securitie thereof , have statute and ordained , and hereby statues and ordaines , that immediately after the publication hereof , all the sensible persons within this Our Kingdome of Scotland , betwixt sixtie and sixteene yeares of age , of whatsoever qualitie , rank , or degree , shall provide themselves with fourtie dayes provision , and with Ammunition , Armes , and other warlike provision of all forts , in the most substantious manner , for Horse and Foot , with Tents , and all other furnishing requisite , And that the Horsemen be armed with Pistols , broad Swords , and Steel caps , And where these Armes cannot be had , that they provide Jacks , or Secrets , Lances and Steel-bonnets , And that the Footmen be armed with Musket and Sword , or Pike and Sword , And where these cannot be had , that they be furnished with Halberts , Loquhaber axes , or Jeddart staves and Swords . OUR WILL IS HEREFORE , and We charge you straitly and commands , that incontinent thir Our Letters seene , you passe to the Market Crosse of Edinburgh , and severall Burrowes of this Our Kingdome , and Parish Kirks thereof , and there by open Proclamation make publication hereof , wherethrough none pretend ignorance of the same , And that you command and charge all and sundry Our subjects foresaids , being sensible persons , betwixt sixtie and sixteene yeares , to provide themselves in manner foresaid , and to be in readinesse to make their Randevous thus armed at the places to be appointed by Our saids Estates , or Committees having power from them , within eight and fourty hours after they shall be lawfully warned by order from them to that effect , as they will testifie their affections to the true Protestant Religion , the Liberties of Our Kingdomes , Our owne honour , and the peace and safety of that their native Countrey ; and under the paine to be esteemed and punish as enemies to Religion , Us and Our Kingdomes , and their whole goods to be confiscate to the use of the publick . Given under Our Signet at Edinburgh the eighteenth of August , and of Our Reigne the nineteenth yeare , 1643. Per Actum Dominorum Conventionis . Arch. Primerose Cler. Conven. Printed at Edinburgh 15 August 1648 
A79196	----	His Maiesties declaration to all his loving subiects of the kingdome of England and domininion of VVales. Charles II, King of England, 1630-1685. This text is an enriched version of the TCP digital transcription A79196 of text R211335 in the English Short Title Catalog (Thomason 669.f.16[17]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79196 Wing C2981 Thomason 669.f.16[17] ESTC R211330 ESTC R211335 99870060 99870060 163174 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79196) Transcribed from: (Early English Books Online ; image set 163174) Images scanned from microfilm: (Thomason Tracts ; 246:669f16[17]) His Maiesties declaration to all his loving subiects of the kingdome of England and domininion of VVales. Charles II, King of England, 1630-1685. 1 sheet ([1] p.) s.n., [S.l. : 1651] Imprint from Wing. Dated at end: Given at Our Royall Campe at Woodhouse, neere the Borders, the 5. of August, 1651. Promises oblivion before entering the kingdom. Will settle religion according to the Word of God and the example of best reformed Churches. Parliament to have freedom; he will govern by its advice. All subjects are to come in. An act of oblivion and indemnity will be passed, excepting only Oliver Cromwell, Henry Ireton, John Bradshaw, John Cooke their solicitor, and the regicides. Provisions are to be bought for the Scots army. There shall be no plundering, and the service being done, the Scots army will retire and the others disband -- Cf. Steele. Reproduction of the original in the British Library. eng Charles -- II, -- King of England, 1630-1685 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A79196 R211335 (Thomason 669.f.16[17]). civilwar no His Maiesties declaration to all his loving subiects of the kingdome of England and domininion of VVales. Charles II, King of England 1651 986 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion HIS MAIESTIES DECLARATION TO ALL HIS LOVING SVBIECTS Of the Kingdome of England and Dominion of VVales . CHARLES R. WEE shall not rip up the causes of unhappy differences betwixt Our Royall Father and the Two Houses of Parliament . It shall be Our Studie that they be for ever buryed , and that Our Subjects of ENGLAND may returne to their Obedience they owe Us , as their lawfull king , and to the Ancient and happy Government of this Kingdome by King , Lords , and Commons , ( wherein they and their Ancestors have lived so long , so happily ) without the effusion of more blood . With these Thoughts We are now entering into Our Kingdome of ENGLAND , with an Army , by the blessing of God able to protect Our Loyall Subjects , who shall joyne with Us , and assist Us in doing Justice upon the Murtherers of Our Royall Father , and to defend Us from the violence of such as will continue the exclusion of Us from Our Just Rights , the Sub-version of the Lawfull Government of this Kingdome , and the Oppression of Our good Subjects , by Armies and exorbitant Impositions : And before We enter the Kingdome , We have thought fit by this short Declaration to let Our good-Subjects there know , That Our Desires are not more to be restored to our Owne Rights , than to maintaine and procure to them their Freedom . And as We have given full and entire Satisfaction to Our Subjects of SCOTLAND both in what might concerne Religion , their Lawes and Liberties , ( which God willing we shall inviolably preserve to them ) So it shall be Our Studie , ( and would be Our greatest Joy ) that we might Attayne the same happynesse in England . And because we think our selves bound to Looke more to the Glory of God , then our Owne Interest , We doe in the first place declare , That we shall faithfully endeavour in our Station and Calling , as we are bound by Covenant , to settle Religion , in Doctrine , Worship , Discipline and Government , according to the Word of God , and the Example of the best reformed Churches . We shall also endeavour that Parliaments may be restored to their Freedome , and priviledges , by whose advise , we doe declare Our Resolutions are to governe and settle all differences and distempers , that Our people may enjoy their Liberty , and Property , Free from Army , Quarterings , or illegall Impositions . These being Our cleare Intentions and Resolutions , We doe expect and invite all Our good Subjects of ENGLAND , and Dominion of WALES , to Concur with , and Assist Us according to their Duty and Allegeance : and such as are in Armes either in SCOTLAND , or in ENGLAND , under Oliver Cromwell , presently after knowledge hereof , to lay them downe , or to come in and joyne with Us in Our Army , where they shall receive Protection , and full assurance of Satisfaction in their Arreares . And to evidence how far We are from Revenge , or continuing the unhappy differences betwixt Us and Our Subjects , We doe Declare and Engage Our Selfe to give Our Consent to a full Act of oblivion and Indempnity for the security of all Our Subjects of ENGLAND , and Dominion of WALES , in their Persons , Freedomes , and Estates , for all things done by them relating to these Wars these seven yeeres past , and that they shall never be called in question by Us for any of them . Provided that immediately after knowledge of this our Gracious offer and Declaration , they desist from assisting the usurped Authority of the pretended Common wealth of England , and returne to their Obedience to Us , excepting onely from this Our Gracious offer , Oliver Crumwell , Henry Ireton , John Bradshaw , John Cooke , their pretended Solicitor , and all others who did Actually sit , and Vote in the Murther of Our Royall Father . And since in this Service , We have made use of the affection and assistance of Our Loyall Subjects of Our Kingdome of Scotland , who cannot possibly maintaine their whole Army in England , Wee doe require some of quality , or Authority , in each County , where We shall March , to come to us , that Necessary provision may be regularly brought in to the Army : And We doe Declare , that the Counties from which such shall come , shall receive no other prejudice , except such as doe oppose Us . And because it shall be Our maine endeavour , that the Subjects of England and Wales may be safe in their Persons , free in their Goods , and as little burthened as possible can be : This We are resolved , To permit no Plundering , or Rapines , or taking any mans person , ( who is not in actuall Opposition of Us ) which We shall not with all severity punish : So if Our Army should be forced to be more burthensome to some places and persons then to others , It shall be Our Endeavour , that as soone as is possible they may receive proportionall satisfaction , and the Burthen be made equall . And Lastly , we doe Declare that the Service being done , the Scottish Army shall Quickly retire , that so all Armies may be Disbanded , And a lasting Peace setled with Religion and Righteousnesse . Given at Our Royall Campe at Woodhouse , neere the Borders , the 5. of August , 1651. 
A79221	----	His Majesties gracious proclamation concerning the government of his ancient kingdom of Scotland Proclamations. 1660-08-07 Scotland. Sovereign (1649-1685 : Charles II) This text is an enriched version of the TCP digital transcription A79221 of text R231322 in the English Short Title Catalog (Wing C3039A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79221 Wing C3039A ESTC R231322 99899853 99899853 136983 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79221) Transcribed from: (Early English Books Online ; image set 136983) Images scanned from microfilm: (Early English books, 1641-1700 ; 2457:17) His Majesties gracious proclamation concerning the government of his ancient kingdom of Scotland Proclamations. 1660-08-07 Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) printed by a [sic] Society of Stationers, Edinburgh : in the year, 1660. Dated at end: Edinburgh the seventh of August, 1660. Reproduction of original in the Folger Shakespeare Library, Washington, D.C. eng Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. A79221 R231322 (Wing C3039A). civilwar no His Majesties gracious proclamation concerning the government of his ancient kingdom of Scotland. Scotland. Sovereign 1660 307 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-03 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms HIS MAJESTIES GRACIOUS PROCLAMATION Concerning the Government of His Ancient KINGDOM OF SCOTLAND . CHARLES R. CHARLES , by the Grace of God , King of Scotland , England , France , and Ireland , Defender of the Faith . To all Our Loving Subjects of Our Kingdom of Scotland , or others whom these do , or may concern , Greeting : Forsamuch as it hath pleased Almighty God to remove that Force and armed Violence , by which the Administration of Our Royal Government among Our People there was interrupted ; And We being desirous to witnesse Our affection to , and care of that Our Ancient Kingdom , ( of whose Loyalty We have had many Testimonies ) have resolved , that untill a meeting of Parliament ( which We are presently to Call , ) The Government shall be Administrate by Us and the Committee of Estates nominate by Us and Our Parliament in the Year , 1651. And therefore , do hereby Call and Authorize the said Committee to meet at Edinburgh upon the twentieth third day of August instant . And We do hereby require Our Heraulds , Pursevants , and Messengers at Arms , to make Publication hereof at the Market Crosse of EDINBVRGH , that Our Royal Resolution may be known to all Our good Subjects there . Given at Our Court of Whitehall , the second day of August , in the Year , 1660. and of Our Reign the Twelfth . EDINBVRGH the seventh of August , 1660. THe Council of the City of Edinburgh , Ordains his Majesties Gracious Proclamation to be forthwith Printed and Published . Ja. Wright . EDINBURGH , Printed by a Society of Stationers , in the Year , 1660. 
A79298	----	By the King. A proclamation. Containing his Majesties gracious pardon and indemnity Proclamations. 1679-07-27 Scotland. Sovereign (1649-1685 : Charles II) 1679 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A79298 Wing C3277 ESTC R231345 99899855 99899855 136993 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79298) Transcribed from: (Early English Books Online ; image set 136993) Images scanned from microfilm: (Early English books, 1641-1700 ; 2457:29) By the King. A proclamation. Containing his Majesties gracious pardon and indemnity Proclamations. 1679-07-27 Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, printer to His most Sacred Majesty, Edinburgh : anno Dom. 1679. Dated at end: Given at Our court, at Windsor Castle, the twenty seventh day of July, one thousand six hundred seventy and nine. Arms 232; Steele notation: Defender All thretti-. Reproduction of original in the Folger Shakespeare Library, Washington, D.C. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Pardon -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. 2008-03 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 John Pas Sampled and proofread 2008-06 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion By the King. A PROCLAMATION Containing His Majesties gracious Pardon and Indemnity . CHARLES R. CHARLES the Second , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects whom these presents do or may concern , Greeting : The just Resentments We have of the rebellious courses taken by some in that Our Ancient Kingdom of Scotland , by poisoning Our People with Principles inconsistent with true Piety , and all humane Society , as well as with Our Royal Government ; and of the humorous Factions of others , who ( under pretext of re-presenting Grievances to Us ) have most unjustly , both in Scotland and England ; Defamed Our Judicatures of Scotland , and thereby weakened Our Authority , therein represented ; All which , did not hinder Us from endeavouring to quiet the one by Our late Proclamation ; and the other by a publick Hearing and Debate : And being most desirous to cover all the Imperfections of Our Subjects , and to remove the Fears and Jealousies , whence they proceed ; We have therefore , by Our Royal Authority , and the undoubted Prerogative of Our Crown , thought fit ( with the advice of Our Privy Council ) to Indemnifie , Remit and Pardon ( with the Exceptions after specified ) all such as have been at Field , or House-conventicles ; all such as are guilty of irregular administration of the Sacraments , and other Schismatick Disorders ; all such as have been ingaged in the Rebellion , 1666. Or the late Rebellion this present Year of God , 1679. All such as have Spoken , Written , Printed , Published , or dispersed any traiterous Speeches , infamous Lybels , or Pasquils ; all such as have mis-represented any of Our Judicatures , Servants , or Subjects , or have advised any thing contrary to Our Laws , all such as have maleversed in any Publick Station , or Trust : and generally , all such as are lyable to any pursuit , for any Cause , or Occasion , relating to any publick Administration , by Contrivances , Actings , Oppositions , or otherways preceeding the date hereof Declaring the generality of these Presents , to be as effectual to all intents and purposes , as if every Circumstance of every the foresaid Delinquencies , or Mis-demeanours were particularly and specially here inserted ; and as if every of the Persons that might be challenged and pursued for the same , had a Remission under Our great Seal , or an Act of Indemnity past in his favours . Discharging any of Our Officers , or Subjects , to pursue any person or persons upon any such accounts , either ad vindictam publican vel privatam , or to upbraid them therewith . And Commanding all Our Judges to Interpret this Our Remission and Indemnity , with all possible latitude and favour , as they will be answerable to Us upon their highest perils . Excepting such as are already foresaulted by Our Parliaments , or Our Criminal Court , fined by Our Privy Council ; and such who being fined by Inferiour Judicatures , have payed , or transacted for their fines , in so far as concerns their respective fines , so imposed ; Excepting also , all such Heretors and Ministers , who have been in the late Rebellion , or were contrivers thereof , and such Heretors as have contributed thereto , by Levies of Men or Money ; and excepting likewise such as obeyed not Our , and Our Councils Proclamation , in assisting in Our Host ; to be pursued for that their Delinquency , according to Law ; and such persons as have threatned , or abused any of the Orthodox Clergy , or any of Our good Subjects for assisting Us , in suppressing the late Rebellion ; and that since Our Proclamation , dated the twenty ninth day of June , last past : Which Indemnity We do grant to those who were ingaged in the late Rebellion , provided that they shal appear before such as Our Privy Council shal nominate , betwixt and the dyets following , viz , these that are within this Kingdom , betwixt and the eighteenth day of September , and these that are forth thereof , betwixt and the thirteenth of November next to come , and enact themselves , never to carry Arms against Us , or Our Authority , and with express condition , that if ever they shal be at any Field-conventicle , or shal do any violence to any of Our Orthodox Clergy , this Our Indemnity shal not be useful to such Transgressors any manner of way ; as it shall not be to any for private Crimes ; such as Murdersr , Assassinations , Thests , Adulteries , the fines and denunciations thereof , and such like as never use to be comprehended under general Acts of Indemnity ; and particularly the Execrable Murder of the late Arch-bishop of St. Andrews : Nor to such as were appointed to be carryed to the Plantations , by our Letter , dated the twenty ninth day of June last , though their lives be by this Our Royal Proclamation also , secured unto them , in manner , and upon the conditions above-memioned . But lest the hope of Impunity should embolden the malicious to futuse disorders ; We do hereby Command Our Privy Council , and all Our other Judicatoures , to pursue and punish with all the severity that Law can allow , all such as shall hereafter threaten or abuse the Orthodox Clergy , murmure against Our Judicatures , or Omcers , or man make , publish , print , or disperse Lybels , or Pasquils ; these being the fore-runners of all Rebellions ; and which , by defaming Authority , do disappoint all its just and necessary Methods . And to the end , all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command Our Lyon King at Armes , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to maketimous Intimation hereof , at the Mercat Crols of Edinburgh , and other places needful . Given at Our Court , at Win for Castle , the twenty seventh day of July , one thousand six hundred seventy and nine . And of our Reign , the threttieth one Year . By His MAJESTIES Command . LAUDERDALE . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1679. 
A79357	----	By the King. A proclamation, indicting a parliament, to be held at Edinburgh, the 28. day of July, 1681 Proclamations. 1681-06-08 Scotland. Sovereign (1649-1685 : Charles II) 1681 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A79357 Wing C3520 ESTC R231354 99897026 99897026 136994 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79357) Transcribed from: (Early English Books Online ; image set 136994) Images scanned from microfilm: (Early English books, 1641-1700 ; 2457:37) By the King. A proclamation, indicting a parliament, to be held at Edinburgh, the 28. day of July, 1681 Proclamations. 1681-06-08 Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, printer to his most Sacred Majesty, Edinburgh : 1681. Dated at end: Given at Our court at Whitehall, the eighth day of June, one thousand six hundred and eighty one, and of Our Reign, the thretty and third year. Arms 232; Steele notation: England, Deputs Head; this edition signed at end: 'Morray.'. Reproduction of original in the Folger Shakespeare Library, Washington, D.C. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Politics and Government -- 1660-1688 -- Early works to 1800. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion By the King. A PROCLAMATION , Indicting a PARLIAMENT , to be held at Edinburgh , the 28 , day of July , 1681. CHARLES R. CHARLES the Second , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects , whom these Presents do , or may concern , Greeting : Whereas upon divers Weighty Considerations , of great Importance to Our Service , and to the Peace and Tranquillity of Our Ancient Kingdom of Scotland , We have thought fit to Call a Parliament of that Our Kingdom , to meet at Our City of Edinburgh , upon the twenty eight day of July , next ensuing the date hereof ; We do therefore Require and Command , all Arch-Bishops , Dukes , Marquesses , Earles , Viscounts , Bishops , Lords and Officers of State , of Our said Kingdom , to be present , and attend that Diet. And We do also require and Command , all Our Sheriffs , in the several Shires , and their Deputs , that if there be any new Elections made for this year , of Commissioners to Parliaments or Conventions , they give timeous Intimation to such Commissioners , to keep this Meeting ; But if there be no Elections already made , that they forthwith Call and Conveen all the Free-holders in the Respective Shires , to the end , that according to the Laws and Acts of Parliament , Elections may be made of fit Persons , to be Commissioners for this Parliament . And We do likewise Require and Command , Our Royal Burroughs , to make choice of Commissioners accordingly , and them , and all Persons having Interest , to attend this Our Parliament , under the pains contained in Our Laws made thereanent . And to the Effect , all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command Our Lyon , King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timeous Proclamation of these Presents , at the Mercat-Cross of Edinburgh , and at the Mercat-Crosses of the Head Burroughs in the several Shires of that Our Kingdom . And Ordains these Presents to be Printed . Given at Our Court at Whitehall , the eighth day of June , One thousand six hundred and eighty one , and of Our Reign , the thretty and third year . By His Majesties Command , MORRAY . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to his most Sacred Majesty , Anno DOM. 1681. 
A79704	----	Causes of a solemne fast, appointed by the commissioners of the Generall Assembly, to be kept in all the congregations of this kirk, upon the last Thursday of April, 1646 Church of Scotland. General Assembly. This text is an enriched version of the TCP digital transcription A79704 of text R212292 in the English Short Title Catalog (Thomason 669.f.9[59]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79704 Wing C4201D Thomason 669.f.9[59] ESTC R212292 99870930 99870930 161157 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79704) Transcribed from: (Early English Books Online ; image set 161157) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[59]) Causes of a solemne fast, appointed by the commissioners of the Generall Assembly, to be kept in all the congregations of this kirk, upon the last Thursday of April, 1646 Church of Scotland. General Assembly. Ker, A. 1 sheet ([1] p.) by Evan Tyler, Printer to the Kings most Excellent Majesty, Printed at Edinburgh : 1646. Signed at end: A. Ker. Reproduction of the original in the British Library. eng Church of Scotland -- History -- 17th century -- Early works to 1800. Fasts and feasts -- Church of Scotland -- Early works to 1800. Scotland -- History -- Charles I, 1642-1649 -- Early works to 1800. A79704 R212292 (Thomason 669.f.9[59]). civilwar no Causes of a solemne fast, appointed by the commissioners of the Generall Assembly, to be kept in all the congregations of this kirk, upon th Church of Scotland. General Assembly. 1646 562 1 0 0 0 0 0 18 C The rate of 18 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Causes of a solemne FAST , appointed by the Commissioners of the Generall Assembly , to be kept in all the Congregations of this Kirk , upon the last Thursday of April , 1646. I. BEsides the diverse causes of our former solemne Humiliations , both for the evill of Sin and of Punishment , lying still in a great measure upon the whole Land , wee should lay to heart the late shamefull backsliding and compliance of many with the Enemies , in the houre of temptation . II. It is to be lamented , though the Lord our God hath taken pains to purge us by his Judgments of Sword and Pestilence , yet there is no reformation of our lives , our scumme remains in us , many returning with the dog to their former profanenesse , neglect of Gods worship in Families , uncleannesse , drunkennesse , and other great provocations , as if they had been delivered to do all these abominations : Have we not just cause to mourn and be afraid that the Lord kindle the fire again , heap on more wood , and cause his fury to rest upon us ? III. It is high time when the whole Land is threatned with a new breach from the North , to acknowledge our great and senselesse ingratitude , who have no wayes rendred to the Lord according to the benefits received , though the Lord hath begun to draw back his hand in a sensible and unexpected delivery from the raging Pestilence , and hath given us a little breathing from the cruell insulting Enemie , yet all our promises and vows uttered in the day of our trouble , have proven to be as the early dew and morning cloud ; neither have we brought forth the fruits of righteousnesse , and amendment of our wayes , while the Lord looked for them , after so gracious a Delivery : so that it is just with our God to disappoint us of our expectation , when we look for healing to send new troubles , and to raise up in his wrath some , who have banded themselves together in the North , contrary to our solemne Covenants . IV. Seeing our God hears Prayer , it is our duty to run to him in this day of trouble , and to wrestle with tears and su●plications , that our God in he might of his power would crush this Cockatrice Egge , that it break not forth into a fierie flying Serpent ; that the insolent pride of the contrivers of this divisive and seditious Bond , may be rebuked by the Lord ; that the simple who have been mis-led , may be convinced and drawn out of the snare , that these who stand , may be stablished by grace in their stedfastnes , and strengthened with the spirit of Unity and Courage to oppose that divisive motion : Lastly , that the Work of Uniformity in Church-government may be finished , our Armies blessed and compassed with Gods favour , and a firme and well-grounded Peace settled betwixt the Kings Majesty and Parliaments of both Kingdomes . A. Ker. Printed at Edinburgh by Evan Tyler , Printer to the Kings most Excellent Majesty . 1646. 
A79708	----	Perth Decemb. 14. 1650. The commission of the Generall Assembly considering how greivous a sin against God and scandall to religion it were for any of this Kirke and kingdome to joine or comply with any of the sectarian enemy, ... Church of Scotland. General Assembly. This text is an enriched version of the TCP digital transcription A79708 of text R212065 in the English Short Title Catalog (Thomason 669.f.15[68]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79708 Wing C4202 Thomason 669.f.15[68] ESTC R212065 99870717 99870717 163141 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79708) Transcribed from: (Early English Books Online ; image set 163141) Images scanned from microfilm: (Thomason Tracts ; 246:669f15[68]) Perth Decemb. 14. 1650. The commission of the Generall Assembly considering how greivous a sin against God and scandall to religion it were for any of this Kirke and kingdome to joine or comply with any of the sectarian enemy, ... Church of Scotland. General Assembly. Ker, A. 1 sheet ([1] p.) s.n., [S.l. : 1650] Signed at end: A. Ker. Title from heading and first lines of text. Annotation on Thomason copy: "Psalme 92. & 8. in latine as it was sent to Ald: John ffowkes: [illegible]". Reproduction of the original in the British Library. eng Church of Scotland -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A79708 R212065 (Thomason 669.f.15[68]). civilwar no Perth Decemb. 14. 1650. The commission of the Generall Assembly considering how greivous a sin against God and scandall to religion it were Church of Scotland. General Assembly. 1650 281 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Perth Decemb. 14. 1650. THe Commission of the Generall Assembly considering how greivous a sin against God and scandall to Religion it were for any of this Kirke and Kingdom to joine or comply with any of the Sectarian Enemy , who having most injustly invaded this Kingdom , hath shed so much of the blood of Gods people , is destroying the Land , are so wicked Enemies to the Truth of God , & worke of Reformation . And having heard , that some already have fallen into those sins : Therfore the Commission , for removeing so greivous Scandall , ordaines , that all such , as have , or shall joine in Armes or Councell with the afore said Enemy , upon the cleare notice & evidence therof , shall be excommunicate ; And all such as shall be found to have procured protections from the fore said Enemy execute any orders from them , or given them Intelligence , or have spoken favourably of them to the advantage of their Cause : And all such as shall be found in any other way to comply with them , shall be censured according to the degrees of their compliance , as others have bin censured , who have complyed with other Enemies of the Covenant and Cause of God , and the peace of this Kirke and Kingdom : And to the effect that all persons may be made to guard & keepe themselves from being misled or carried away with any Inticement or Tentation unto such courses , it is appointed that this Act be read in all Congregations of this Kirke . A. KER . 
A79968	----	The Scots apostacy. Cleveland, John, 1613-1658. This text is an enriched version of the TCP digital transcription A79968 of text R210703 in the English Short Title Catalog (Thomason 669.f.10[117]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A79968 Wing C4699A Thomason 669.f.10[117] ESTC R210703 99869473 99869473 162648 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A79968) Transcribed from: (Early English Books Online ; image set 162648) Images scanned from microfilm: (Thomason Tracts ; 246:669f10[117]) The Scots apostacy. Cleveland, John, 1613-1658. 1 sheet ([1] p.) s.n., [London : 1647] Attribution from Thomason. In verse: "Is't come to this? what? shall the Cheekes of Fame" ... Annotation on Thomason copy: "March 10th 1646 Cleaveland". Identified as Wing (2nd ed.) S2020 on UMI microfilm set "Early English books, 1641-1700", reel 2124.1. L (Luttrell) Copy lacks period at end of third line, second column. Reproduction of the originals in the British Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A79968 R210703 (Thomason 669.f.10[117]). civilwar no The Scots apostacy. Cleveland, John 1647 596 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE SCOTS APOSTACY . IS 't come to this ? what ? shall the Cheekes of Fame Stretch't with the breath of learned Lowdens name Be flagg'd againe , and that great peice of Sence As rich in Loyaltie , as Eloquence , Brought to the Test , be found a tricke of State ? Like Chimists tinctures prov'd Adulterate ? The Divell sure such language did atcheive , To cheate our un-fore-warned Grandame Eve ; As this Impostor found out to besot Th' experienc't English to beleeve A Scot . Who reconcil'd the Covenants doubtfull Sence ? The Commons Argument , or the Cities Pence ? Or did you doubt persistance in one good Would spoyle the fabrick of your Brotherhood , Projected first in such a forge of sinne , Was fit for the grand Divels hammering . Or was 't Ambition that this damned fact , Should tell the world you know the sines you act . The infamie this super-Treason brings , Blast's more then Murders of your sixtie Kings . A crime so blacke as being aduis'dly done , Those hold with this no Competition . Kings only suffer'd then , in this doth lie , Th' Assacination of Monarchye . Beyond this sinne no one step can be Trod If not t' attempt deposing of your God . Oh were you so engag'd that we might see , Heavens angry lightning 'bout your eares to flee ; Till you were shriveld into dust , and your cold land , Parcht to a drought beyond the Libian sand ; But ti's reserv'd , and till heaven plague you worse Be Objects of an Epidemick curse . First may your Brethren to whose viler ends , Your power hath banded cease to count you friends ; And prompted by the Dictate of their reason Reproach the Traytors ; though they hug the Treason . And may their Iealousies encrease and breed , Till they confine your Ships beyond the Tweed . In forreigne Nations may your loath'd Name be , A stigmatizing brand of Infamie . Till forc't by generall hate you cease to rome The world , and for a plague goe live at home ; Till you resume your povertie , and bee Reduc'd to begge where none can be so free , To grant ; and may your scabbie Land be all , Translated to a generall Hospitall . Let not the Sun afford one gentle ray , To give you comfort of a Summers day . But as a Guerdon for your Trayterous warre , Live cherisht only by the Northerne starre . No stranger deigne to visite your rude Coast , And be to all but banisht Men , as lost . And such in Hightening of the infliction due , Let provok't Princes send them all to you . Your State a Chaos be , where not the Law ; But Power , your lives and liberties may awe . No Subject mongst you keepe a quiet brest , But each man strive through blood to be the best ; Till for those Miseries on us yo 'ue brought , By your own sword , our just revenge be wrought . To summe up all — let your Religion be , As your Allegiance , mask't hypocrisie . Untill when Charles shall be compos'd in dust , Perfum'd with Epithites of good and just ; He sav'd ; Incensed Heaven may have forgot , To afford one act of mercy to a Scot . FINIS . 
A80256	----	At a council-general of the Company of Scotland, trading to Africa and the Indies, holden at Edinburgh the 18th day of October, 1699 Company of Scotland Trading to Africa and the Indies. 1699 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80256 Wing C5584 ESTC R231851 99897627 99897627 137256 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80256) Transcribed from: (Early English Books Online ; image set 137256) Images scanned from microfilm: (Early English books, 1641-1700 ; 2510:5) At a council-general of the Company of Scotland, trading to Africa and the Indies, holden at Edinburgh the 18th day of October, 1699 Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1699] Imprint from Wing CD-ROM, 1996. Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion At a Council-General of the Company of Scotland , Trading to Africa and the Indies , holden at Edinburgh the 18th day of October , 1699. UPON Reading and Considering the Contents of an Abstract of the COVRT of DIRECTORS Proceedings ; with Relation to the said Company 's Colony in Caledonia , since the 18 th of July 1698 ; Together with a particular Account in Writing , of what they thought fit to be done , at this Extraordinary Juncture : RESOLVED , ( Nemine Contradicente ) That this Council-General do approve of what the Directors have done , and ordered to be done , towards the Supplying and Supporting the Colony , and Recruits sent to Caledonia , upon this Emergency . RESOLVED , ( Nemine Contradicente , ) That the further Proportion of Two Pounds Ten Shillings Sterling per Cent , of the Company 's Stock ( formerly laid on , tho' not call'd for ) be now call'd in , and made payable to the Company 's Cashier , at or before Martinmass next to come : And that the further Proportion of Two Pounds Ten shill . Ster . per Cent more , of the said Stock , be laid on , and made payable to the said Cashier , at or before Candlemass next to come ; with Interest , for both , after the said Respective terms of Payment . RESORVED , That all the deficiencies of the Five Pounds sterl . per Cent , of the said Stock , which was laid on , and call'd for , by an Act of this Council-General , of the 30 th of March last , be likewise now call'd in , and made lyable to pay Interest , after the Term of Martinmass aforesaid : with Certification &c. ORDERED , That the several Resolutions abovementioned be forthwith Printed and Published . Tweeddale J. P. C. G. 
A80257	----	At a court of directors of the Company of Scotland, trading to Africa and the Indies Holden at Edinburgh the 18th of April 1699. Company of Scotland Trading to Africa and the Indies. 1699 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80257 Wing C5585 ESTC R223376 99897565 99897565 135593 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80257) Transcribed from: (Early English Books Online ; image set 135593) Images scanned from microfilm: (Early English books, 1641-1700 ; 2510:6) At a court of directors of the Company of Scotland, trading to Africa and the Indies Holden at Edinburgh the 18th of April 1699. Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1699] Imprint from Wing. Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion At a COURT of DIRECTORS of the Company of Scotland , Trading to Africa and the Indies . Holden at Edinburgh the 18th of April 1699. THE said COVRT of DIRECTORS taking into their Consideration , How that by the Constitutions of the Company 's Colony in America ; All Persons of what Nation soever in Amity with His MAJESTY are allowed to Trade thither under certain easy Conditions , particularly mention'd in the said Constitutions : And that notwithstanding the Council of their said Colony have a considerable Stock of Merchantable Goods , and other valuable Effects by them , to give in barter for whatsoever Provisions or other Necessaries they may have occasion for ; Yet for the further Encouragment of all such Merchants and others as shall Trade to the said Colony , and particularly of such as shall carry good and wholesome Provisions thither . The said COVRT of DIRECTOS , Do hereby declare and make known , that any Person or Persons , procuring a Bill or Bills , from the Council of the said Colony , or any four of them , at any time or times , before the first of January next to come , for any Sum or Sums , not exceeding 2000 lib. sterl . in the whole , on the said Company 's Cashier , payable in a Months time after sight , shall be duely honoured and complyed with accordingly . Ditto the 2d . Day of May 1699. THE said COVRT of DIRECTORS Re-assuming the consideration of their Act of the 18th of April last ; by which they gave the Council of CALEDONIA in America , a Credit of 2000 lib. sterl . upon the Company's-Cashier here payable to such Persons as should procure Bills for the same , under the hands of any Four of the said Council before the first of January next . And lest , That contrary to the intention of the said Court , the Limitations in the said Act should be a Discouragement to any Person or Persons that have a mind to carry Provisions to the said Colony , upon the presumption that possibly the said Credit may , before their Arrival there , be exhausted by Bills given , or to be given to others ; And in regard that possibly the Inhabitants of the said Colony may ( GOD willing ) from time to time , encrease still more and more , so as to require more Povisions , than can conveniently at all times be bought by the bartering of such Merchantable Goods as the said Council have lying in store by them : Therefore , The said COVRT of DIRECTORS do , upon further Consideration , hereby Declare and make known , that any Person or Persons procuring a Bill or Bills , from the Council of the said Colony , Four of them at least subscribing the said Bills , on the Company 's Cashier here , for Provifions brought to the said Colony , and Sold to the said Council , at any time or times , before the first Day of March , which shall be in the Year of GOD 1700 , payable in a Months time after-sight , shall be duely honoured with Acceptance and good Payment accordingly . ORDERED , That this Act be forthwith Printed and Published , Extractted out of the Records of the said COVRT , by Me ROD. MACKENZIE Sc ry . 
A80259	----	Edinburgh, the 17th, day of April, 1696. At a general meeting of the Company of Scotland, trading to Africa and the Indies My Lord Tarbat chosen præses. Company of Scotland Trading to Africa and the Indies. 1696 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80259 Wing C5587 ESTC R221846 99896122 99896122 153873 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80259) Transcribed from: (Early English Books Online ; image set 153873) Images scanned from microfilm: (Early English books, 1641-1700 ; 2385:5) Edinburgh, the 17th, day of April, 1696. At a general meeting of the Company of Scotland, trading to Africa and the Indies My Lord Tarbat chosen præses. Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1696] Reproduction of original in the Newberry Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Company of Scotland Trading to Africa and the Indies -- Early works to 1800. Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides -- Scotland 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion EDINBURGH , The 17th , day of April , 1696. At a General Meeting of the Company of SCOTLAND , Trading to AFRICA and the INDIES . My Lord TARBAT Chosen Praeses . THE Constitutions , Agreed upon , and presented by the Committee , being Read , were with some Amendments , Unanimously Approved of , and consented unto , by this General Meeting . ORDERED , That the said Constitutions be forthwith Printed and Published . RESOLVED , That upon Thursday , the 7. Day of May , next , At the High Town Council-House , of Edinburgh , from Nine , to Twelve ; and from Two a Clock in the Afternoon , to Six ; every Subscriber by himself , or by his , her , or their Deputations , or Missive Letter , shall give in a List , by Order of Alphabet of Twenty five Subscribers , to be Directors of this Company . RESOLVED , That upon Tuesday , the twelfth day of May , following , there shall be a General Meeting of the Subscribers at the Laigh-Council-House in Edinburgh , for Declaring the Election and Scrutiny , and other Affairs of the Company . RESOLVED , That the Government and Direction of this Company , shall be in the present Committee , untill the Directors be Chosen . ORDERED , That Compleat Lists of all the Subscribers in Scotland , to Tuesday next , Inclusive , be forthwith Printed and Publish'd . ¶ Those Concerned are to take Notice , that none of the Persons Nam'd in the Act of Parliament are to be Directors , unless they be Chosen . And none can be Chosen in this Election , who are not Subscribers in Scotland . 
A80262	----	Edinburgh, March 24th 1696. At a meeting of the subscribers to the Company of Scotland, trading to Africa and the Indies Company of Scotland Trading to Africa and the Indies. 1696 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80262 Wing C5591 ESTC R230216 99896223 99896223 153874 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80262) Transcribed from: (Early English Books Online ; image set 153874) Images scanned from microfilm: (Early English books, 1641-1700 ; 2385:6) Edinburgh, March 24th 1696. At a meeting of the subscribers to the Company of Scotland, trading to Africa and the Indies Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1696] Reproduction of original in the Newberry Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Company of Scotland Trading to Africa and the Indies -- Early works to 1800. Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides -- Scotland 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Edinburgh , March 24th 1696. At a Meeting of the Subscribers to the Company of Scotland , Trading to Africa and the Indies . The following Resolutions concluded upon . 1. THat a Committee be chosen by the Subscribers , of Twenty Persons out of their own Number , to be joined to these Nominate in the Act of Parliament , whereof Seventeen to be a Quorum , for making and laying down the needful Rules and Constitutions for the direction and Government of this Company with the Times , Ways and Manner of the choise of the Directors . 2. That every 100 lib. Sterling Subscribed for shall have one Vote . 3. That Wednesday the first day of April be the day for taking in the Votes . The place for giving in the Votes to be in the High Council . House of Edinburgh , from 9 in the Morning to 12. And from 2 in the Afternoon to 6 at Night . 4. That this Mark * be put to these Nominate in the Act of Parliament , that none of them through mistake be put into the Lists . 5. That any who shall Subscribe before the first of April though they cannot be contained in the Printed Lists shall have a Vote and may be chosed of the Committee . 6. The Method of giving in the Lists is , That every Subscriber for himself , or by His , Her , or their Deputations , or Missive Letter , shall give in the List of the Persons they Name for the Committee , Rolling it up . 7. That Friday the 3d of April at Three of the Clock in the Afternoon be a Day for a General Meeting for declaring the Scrutiny and Election , and other Affairs of the Company , in the Laigh Council-House of Edinburgh . 
A80263	----	At Edinburgh, the 15 of June, 1696 The council-general of the Company of Scotland, trading to Africa and the Indies: ... Company of Scotland Trading to Africa and the Indies. 1696 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80263 Wing C5592 ESTC R231853 99897628 99897628 137257 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80263) Transcribed from: (Early English Books Online ; image set 137257) Images scanned from microfilm: (Early English books, 1641-1700 ; 2510:7) At Edinburgh, the 15 of June, 1696 The council-general of the Company of Scotland, trading to Africa and the Indies: ... Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1696] Title from caption and opening lines of text. Imprint from Wing CD-ROM, 1996. Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AT EDINBURGH , The 15 of June , 1696. THE COVNCIL-GENERAL of the COMPANY of SCOTLAND , Trading to AFRICA and the INDIES : Do Appoint and Ordain , That the manner of Transferring and Aliening the Joynt-Stock , or Capital-Fund of this COMPANY , shall be by an Entry in some one or other of the Books of the COMPANY , Signed by the Person , or Persons , Bodies-Politick or Corporate , Transferring the same , or by some one or other by Him , Her , or Them , thereunto Deputed in Writing . Which Transfers , shall be in the Form , or to the Effect following , I Do Transfer of the Capital-Fund of the COMPANY of SCOTLAND Trading to AFRICA and the INDIES , unto Done at this Day of Anno DOM. OR if by some Person or Persons Deputed thereunto , then all such Deputations shal be Entred & Recorded apart , in some one or other of the Books of the said COMPANY ; And such Transfers , shall be in the Form , or to the Effect following , I for Do Transfer of the Capital-Fund of the COMPANY of SCOTLAND , Trading to AFRICA and the INDIES , unto Done at this Day of Anno DOM. UNto which respective Transfers , the Person or Persons , Bodies-Politick , or Corporate , to whom such Transfers shal be made or some one or other by Him , Her , or Them thereunto Appointed , shall Subscribe ; signifying His , Her , or Their Acceptance thereof ; And such Transfers and Assignments , shall be good and valid , and convey the Right and Property to the Acceptor , or Acceptors thereof . By Order of the said COVNCIL-GENERAL , Rod. Mackenzie , Sec : ry 
A80264	----	At Edinburgh, the 9th day of July, 1696 Whereas the books of subscription to the Company of Scotland trading to Africa and the Indies, have continued open at Edinburgh for the twenty sixth day of February last, to this instant; ... Company of Scotland Trading to Africa and the Indies. 1696 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80264 Wing C5593 ESTC R231864 99900074 99900074 137261 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80264) Transcribed from: (Early English Books Online ; image set 137261) Images scanned from microfilm: (Early English books, 1641-1700 ; 2510:8) At Edinburgh, the 9th day of July, 1696 Whereas the books of subscription to the Company of Scotland trading to Africa and the Indies, have continued open at Edinburgh for the twenty sixth day of February last, to this instant; ... Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1696] Title from caption and opening lines of text. Imprint from Wing CD-ROM, 1996. Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion AT EDINBURGH , The 9 th Day of July , 1696. WHEREAS the Books of Subscription to the COMPANY of SCOTLAND Trading to AFRICA and the INDIES , have continued open at Edinburgh from the Twenty Sixth Day of February last , to this Instant ; And altho' continuing the Subscriptions in SCOTLAND so long , hath been very prejudicial to the Affairs of the COMPANY at Home and Abroad ; Yet in regard that all Doubts and Difficulties may be fully Obviated , and no reasonable Means or Opportunity omitted to make this the most Diffusive and National Joynt-Stock in the World : The COURT of DIRECTORS of the said COMPANY , Do hereby Agree and Declare , that the said Books of Subscriptions shall continue open until Saturday the first Day of August next , at Six a Clock in the Afternoon : And the said COURT of DIRECTORS do further Resolve , Publish and Declare , that if any of the Subscribers of the said COMPANY shall neglect to pay the first Quarter-part of their Subscriptions until the Tenth Day of the said Month of August ; That then , and from thence-forward , the Share of Stock belonging to such Person or Persons , shall either be Pursued for according to Law , or Transferr'd and Dispos'd of by the said COURT , to such as will Adventure and pay the Sum or Sums required , at the Pleasure of the said COURT of DIRECTORS . Published by Order of COVRT , ROD. MACKENZIE , Sec : ry EDINBURGH , the 3 d of August 1696. THE above-written ACT of the said COVRT of DIRECTORS was Read , Considered and Approved of by the COVNCIL-GENERAL of the said COMPANY : And the said COVNCIL-GENERAL , Doth hereby further Enact and Declare , That the said COVRT of DIRECTORS may , at any time after the said Tenth Day of August instant , Invest in themselves , for the COMPANY' 's Vse , the respective Shares and Interests of such Subscribers or Proprietors in the Joynt-Stock of the said COMPANY , as shall either neglect or refuse to Pay or Cause Pay the first Fourth-Payment of the respective Sums Subscribed by them as aforesaid , before the said Tenth Day of August : And that upon such Investment , the said COVRT of DIRECTORS , or any appointed by them for that intent , may thereafter Transferr the several Shares and Interests , not paid as aforesaid , to such as , by advancing the several Sums required , shall become Proprietors thereof . Then a Report being made to the said COVNCIL-GENERAL , by the COMPANY' 's Chief-Accomptant , that the compleat Sum of Four Hundred Thousand Pounds Sterling was Subscribed in the Books of the said COMPANY , by Persons residing in SCOTLAND ; The said COVNCIL-GENERAL have Ordered the said Books of Subscription to be closed , and that the same be hereby Published and Declared accordingly . DAVID HOME P. 
A80267	----	The last national address presented to his Majesty at Hampton-Court, the 16th. day of November 1700 by the right honourable the Lord Yester, Sir John Pringle of Stitchell and Sir Peter Wedderburn of Gosford baronets, commissioners appointed for that end. Company of Scotland Trading to Africa and the Indies. 1700 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80267 Wing C5597D ESTC R231029 99896641 99896641 134689 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80267) Transcribed from: (Early English Books Online ; image set 134689) Images scanned from microfilm: (Early English books, 1641-1700 ; 2430:18) The last national address presented to his Majesty at Hampton-Court, the 16th. day of November 1700 by the right honourable the Lord Yester, Sir John Pringle of Stitchell and Sir Peter Wedderburn of Gosford baronets, commissioners appointed for that end. Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [S.l. : 1700?] Identifed on UMI film reel 2430 as Wing L490A (entry cancelled in Wing 2nd ed.). Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1689-1745 -- Early works to 1800. Scotland -- Commerce -- Africa -- Early works to 1800. Scotland -- Commerce -- East Indies -- Early works to 1800. Broadsides -- Scotland 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion The last National Address presented to His Majesty at Hampton-Court , the 16th . day of November 1700 , by the Right Honourable the Lord Yester , Sir John Pringle of Stichell and Sir Peter Wedderburn of Gosford Baronets , Commissioners appointed for that end . May it please your Majesty , VVE Noblemen , Barons , Gentlemen , Burgesses , and other Subscribers , your Majesty's most Dutiful Subjects of this your Antient Kingdom of Scotland , having formerly from an unfeigned Zeal to your Majesty's Service , and to the Good and Welfare of our Countrey Petition'd your Majesty for a Meeting of the Estates in Parliament , in order to Support , and Assist our Company Trading to Africa and the Indies , which the Parliament had , by their Unanimous Address to your Majesty of the 5th . of August 1698 , declared to be their own and the whole Nation 's peculiar Concern , And your Majesty having been graciously pleased to allow the Parliament to Meet on the 21th . of May last , whereby all your good Subjects could not but conceive suitable hopes of its happy issue , for the Honour and Interest of your Majesty and People , do now beg leave to express our deep Concern & Sorrow for the unexpected Adjournment thereof , without being permitted to do any thing towards the wish'd for end of its Meeting , And do in all humble manner concurr with the dutifull Address lately presented to your Majesty , from rhe Plurality of the Members of Parliament , Representing the Inconveniencies and prejudices arising to the pressing Concerns of the Nation , from that Adjournment , and to the Rights and Liberties of Parliament , from the manner of it : And it is our Unexpressible Regret , that your Majesty does seem to have been prevail'd upon by the Mis-representations of evil Councellours to issue out Proclamations ▪ further Adjourning the Parliament , from time to time , whilst not only did our said Company stand extremely in need of the Countenance Support and Protection promis'd to it by your Majesty in Parliament , and more especially upon the Misfortunes that have of late befallen it by the success of Enemies against its Colony of Caledonia , but whilst also even the Nation it self did , and still does , remain under the pressure of such Grievances as can only be Redress'd in Parliament . And to the end that your Majesty may have a just view thereof , we humbly beg leave to represent to your Majesty how indispensibly necessary it is , THAT the Protestant Religion be secured against the growth of Popery , Immorality and Profaneness ; THAT the Freedom and Independency of this Antient Kingdom , and the Nation 's Right and Title to Caledonia , as holding of your Majesty's Crown of Scotland , be Asserted and Supported ; THAT the good inclinations of your Majesty and Successors Kings of Scotland be preserved from Foreign Influence , as well as from the Mis-representations and Pernicious Counsels of Unnatural Countrey-Men ; THAT the frequency , and sitting of Parliaments be secured and ascertain'd , pursuant to the Claim of Right ; THAT dangerous Influences upon the freedom of Parliaments , either by Gratuities , Pensions , or Farms of any branch of the Revenue , and the disposing of any part of the Revenue or annexed Property of the Crown , otherways than acccording to Law , for the necessary support of the Government , be prevented ; THAT the publick Credit be restored , and an enquiry made into the Application of the Funds laid on , and appropriated by Parliament , for support of the Government and payment of the Army ; THAT the Security of the Nation , and Government , be settled in a duly regulated National Force , in stead of a standing Army , so burdensome to the Countrey , and dangerous to its Liberties ; THAT the manner of applying the Security , which we have by our Claim of Right , for the Personal freedom of the Subject , against long and Arbitrary Imprisonment , as well as against Pursutes upon old and obsolete Laws , be specially declared ; THAT the Trade of this Nation be Encouraged & Advanced , by duly regulating its Export and Import , by discharging prejudicial Branches thereof , by fixing the value of our current Money , by encouraging Manufactories , by imploying the Poor , and more especially by Countenancing and Assisting our said Company , in the Prosecution of its lawful Undertakings ; And THAT all such Articles of Grievances presented to your Majesty by the Estates of this Kingdom in the Year 1689 as have not yet been Redress'd , together with such other Grievances as the Parliament shall , at the Meeting thereof , find the Nation aggrieved with , be Redress'd in Parliament . And your Majesty having by your Royal Letter , of the 24 of May 1689 , been graciously pleased to declare , and give full assurance to our Representatives in that meeting of the Estates , which settled the Crown and Royal Dignity of this Realm on your Majesty , That we should always find your Majesty ready to Protect us , and to Assist the Estates in making such Laws , as might secure our Religion , Liberties and Properties , and prevent or Redress whatsoever might be justly grievous to us ; That your Majesty would never believe that the true interest of your People and the Crown could be opposite ; and that your Majesty would always account it your greatest Prerogative to assent to such Laws as might promote Truth , Peace , and Wealth in Your Kingdom . We do therefore reckon it our duty , humbly to desire and assuredly expect ▪ that your Majesty will be graciously pleased to satisfy the longing desires , and earnest Expectations of your People , by allowing your Parliament to meet , as soon as possible ; and when mett , to sit till they fully deliberate upon , and come to solid Resolutions in the great and weighty Concerns of the Nation , and grant such Instructions to your Commissioner , as may impower him to pass such Ac●s , as the great Council of the Nation shall think most conducive to the true Honour of your Majesty and Gove●●ment , the welfare of this Realm , both as to its Religious and Civil Interest , and to the full quieting ●●e Minds of all your Majesty's good People ▪ His Majesty , after having heard this Address read , was Graciously pleased to give the following Answer . Gentlemen , I can not take further notice of this Address , seing the Parliament is now mett , and I have made a Declaration of my Mind for the good of my People , wherewith I hope all my faithfull Subjects will be satisfied . 
A80268	----	The company of Scotland, trading to Africa and the Indies, do hereby give notice. That their bookes of subscription, will be opened at Edinburgh on Wednesday the 26 of this instant February ... Company of Scotland Trading to Africa and the Indies. 1696 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A80268 Wing C5597aA ESTC R232035 99897802 99897802 137334 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A80268) Transcribed from: (Early English Books Online ; image set 137334) Images scanned from microfilm: (Early English books, 1641-1700 ; 2528:4) The company of Scotland, trading to Africa and the Indies, do hereby give notice. That their bookes of subscription, will be opened at Edinburgh on Wednesday the 26 of this instant February ... Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1696] Title from caption and opening words of text. Imprint from Wing (CD-ROM edition). Reproduction of original in the John Carter Brown Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Company of Scotland Trading to Africa and the Indies -- Early works to 1800. Scotland -- History -- 17th century -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion The COMPANY of SCOTLAND , Trading to Africa and the Indies , Do hereby give Notice . THAT their Bookes of Subscription , will be opened at Edinburgh on Wednesday the 26 of this Instant February at the House of Mrs. Purdie in the North side of the High-street over against the Cross , and will so continue every day of the Week , Lord's Days only excepted , from Ten in the Clock in the Morning till Twelve , and from Two in the Afternoon till four , untill the _____ day of March next , or untill the Compleat Sum of Three Hundred Thousand Pounds Sterling shall be Subscribed ; One Quarter part whereof shall be payed to Two , or more of the Persons Named in the Act of Parliament , upon or before the first day of June now next ensuing : But in Regard of the occasion the Company may have for present Money , such as pay in the same sooner , will be allowed a Discompt , at the Rate of Twelve per Cent ▪ per Annum , or Eight pence per Diem upon each Hundred Pound Sterling , from the time of their payment to the said first of June . And for the greater Ease and Conveniency of such as are willing to be Concerned : The Company do further Declare , That for such as live at a distance , or cannot come in person to Subscribe ; A Deputation in Writing to any other to Subscribe for him her , or them , together with one Fourth par of the Money to be Subscribed , or Bond for the same payable the first of June next will be accepted by the Company , and be as sufficient , as if the parties were personally present themselves to Subscribe . And as to the Remaining Three fourth parts of Every Man's Subscription to be payed to the Company whensoever the same shall be called in ; it shall be in Three equal parts or payments . The first whereof will not be called for in less than a Year to come . And for the Two last payments , The Company Resolve to let them Remain as a Fund of Security to the Company , and not to call for the same or any part thereof , unless upon some pressing occasion ; And further that no Advantage or Forfalture will be taken by the Company for the Non ▪ payment of the Remaining parts of any ones Subscription ; But the Company will only Sell or Dispose of such a share of Stock in the Company to pay the Money to be advanced , And the Remainder thereof shall be returned to the Owners thereof . Here followeth a Copy of the Preamble for Subscription . Edinburgh , 1696 PUrsuant to an Act of Parliament , Entituled , Act for a Company Trading to Africa and the Indies , We under-subscribers , do each of us for himself , become obliged for the payment of the Respective Sums severally Subscribed by us subject to the Rules , Conditions , and Constitutions of the said Company . Form of a Deputation to be subscribed by such as cannot be present to Subscribe in the Book . I Do hereby Depute To Subscribe for me in the Books of the Company of Scotland , Trading to Africa and the Indies the Sum of pound Sterling . Form of a Receipt to be given upon the first Payment . Edinburgh _____ 1696 REceived then of The Sum of Being the First Fourth part of his Subscription in the Capital Fund of the Company of Scotland , Trading to Africa and the Indies , We say Received for the use of the said Company . By Us. The Form of the Bond , to be Subscribed by such as do not pay in their Fourth Parts . I Oblige me my Heirs and Execu●ors to pay to the Company of Scotland , Trading to Africa and the Inlies , or to whom they shall appoint the Sum of As the Fourth part of t●e Sum S●bscribed for by me , in the Capital Stock or Fund of the said Comp●ny , and that betwixt and the first day of June Next , with the Sum of Money foresaid of Liquidate Expe ces in case of Failȝie by and attour the said principal Sum with the due , and ordinary Annualrent of the said Principal Sum after the said day of Payment , Yearly , Monthly , and proportionally , during the not payment And for the more Security I am content and Consent , That thi●… Presets be Registrate in the Books of Council and Session , or in any other Judges Books competent , to have the Strength of a Decreet of any of th● Judges thereof Interponed hereto , That Letters and Executorials of H●ning and poinding on a Charge of six Days , and all others needful may ass hereupon in Form as Affairs ; And for that Effect constitute My Procurators In W●tness whereof I have Subscribed these Presents at The Day of One Thousand six Hundred and Years 
A81015	----	The transactions of several matters between Lieut: Gen: Cromwel and the Scots, for surrendring the towns of Bervvick, Carlisle, and all other garisons belonging to the kingdom of England. Together with the reason of Lieut: Gen: Cromwels entring the Kingdom of Scotland to assist the marquis of Argyle. Die Jovis, 28 Septembr. 1648. Ordered by the Commons assembled in Parliament, that the extracts of the letters of the committee at Derby-house to Lieut: General Cromwel, and the whole dispatch from Lieut: General Cromwel now reported, and the votes thereupon, be forthwith printed and published. H: Elsynge, Cler. Parl. D. Com. Cromwell, Oliver, 1599-1658. This text is an enriched version of the TCP digital transcription A81015 of text R201085 in the English Short Title Catalog (Thomason E465_18). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 30 KB of XML-encoded text transcribed from 13 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A81015 Wing C7176D Thomason E465_18 ESTC R201085 99861651 99861651 113791 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A81015) Transcribed from: (Early English Books Online ; image set 113791) Images scanned from microfilm: (Thomason Tracts ; 74:E465[18]) The transactions of several matters between Lieut: Gen: Cromwel and the Scots, for surrendring the towns of Bervvick, Carlisle, and all other garisons belonging to the kingdom of England. Together with the reason of Lieut: Gen: Cromwels entring the Kingdom of Scotland to assist the marquis of Argyle. Die Jovis, 28 Septembr. 1648. Ordered by the Commons assembled in Parliament, that the extracts of the letters of the committee at Derby-house to Lieut: General Cromwel, and the whole dispatch from Lieut: General Cromwel now reported, and the votes thereupon, be forthwith printed and published. H: Elsynge, Cler. Parl. D. Com. Cromwell, Oliver, 1599-1658. England and Wales. Parliament. House of Commons. 24 p. Printed for Edward Husband, printer to the Honourable House of Commons, London : Octob. 2. 1648. Reproduction of the original in the British Library. eng Cromwell, Oliver, 1599-1658 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A81015 R201085 (Thomason E465_18). civilwar no The transactions of several matters between Lieut: Gen: Cromwel and the Scots, for surrendring the towns of Bervvick, Carlisle, and all othe Cromwell, Oliver 1648 5111 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-01 TCP Assigned for keying and markup 2008-02 SPi Global Keyed and coded from ProQuest page images 2008-07 Olivia Bottum Sampled and proofread 2008-07 Olivia Bottum Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE TRANSACTIONS OF Several matters between Lieut : Gen : CROMWEL AND THE SCOTS , For Surrendring the Towns of BERWICK , CARLISLE , And all other Garisons belonging to the Kingdom of ENGLAND . Together with the Reason of Lieut : Gen : Cromwels entring the Kingdom of SCOTLAND to assist the Marquis of ARGYLE . Die Jovis , 28 Septembr . 1648. ORdered by the Commons assembled in Parliament , That the Extracts of the Letters of the Committee at Derby-house to Lieut : General Cromwel , and the whole Dispatch from Lieut : General Cromwel now reported , and the Votes thereupon , be forthwith printed and published . H : Elsynge , Cler. Parl. D.Com. London , Printed for Edward Husband , Printer to the Honorable House of Commons , Octob. 2. 1648. To the Right Honorable , The Committee of Lords and Commons at Derby-house . My Lords and Gentlemen , I Did from Alnwick write to Sir William Armyn an account of our Condition , and recommended to him divers particular considerations about your Affairs here in the North , with desire of particular things to be done by your Lordships appointment , in order to the carrying on of your Affairs . I send you here inclosed a copy of the Summons that was sent to Barwick when I was come as far Alnwick ; as also of a Letter written to the Committee of Estates of Scotland , I mean those who we did presume were convened as Estates , & were the men that managed the business of the War : But there being ( as I here since ) none such , the Earl of Roxbrough and some others having deserted , so that they are not able to make a Committee , I believe the said Letter is suppressed and retained in the hands of Colonel Bright and Mr. William Rowe , for whom we obtained a safe Convoy to go to the Estates of that Kingdom with our said Letter ; the Governor of Barwicks Answer to our Summons leading us thereunto : By advantage whereof , we did instruct them to give all assurance to the Marquis of Argyle , and the honest Party in Scotland ( who we heard were gathered together in a considerable Body about Edenburgh , to make opposition to the Earl of Lanerick , Monro , and their Armies ) of our good affection to them ; wherewith they went the Sixteenth of this Moneth . Upon the Seventeenth of this Moneth Sir Andrew Car and Major Straughan , with divers other Scotish Gentlemen , brought me this enclosed Letter , Signed by the Lord Chancellor of Scotland , as your Lordships will see : They likewise shewed me their Instructions , and a Paper containing the matter of their Treaty with Lanerick and Monro ; as also an Expostulation upon Lanericks breach with them , in falling upon Argyle and his men contrary to Agreement , wherein the Marquis of Argyle hardly escaped , they having hold of him , but Seven hundred of his men were killed and taken : These Papers also I send here enclosed to your Lordships . So soon as these Gentlemen came to me , I called a Councel of War , the Result whereof was , the Letter directed to the Lord Chancellor , a Copy whereof your Lordships have also here enclosed , which I delivered to Sir Andrew Car and Major Straughan , with which they returned upon the Eighteenth , being the next day . Upon private discourse with the Gentlemen , I do finde the condition of their Affairs and their Army to be thus ; The Earl of Lanerick , the Earl of Crawford-Lindsey , Monro , and their Army hearing of our advance , and understanding the condition and endeavors of their Adversaries , marched with all speed to get the possession of Sterling-Bridge , that so they might have three parts of four of Scotland at their backs to raise men , and to enable themselves to carry on their Design , and are above Five thousand Foot , and Five and twenty hundred Horse , or Three thousand , The Earl of Leven , who is chosen General , the Marquis of Argyle , with the honest Lords and Gentlemen , David Lesley being the Lieut : General , having about Seven thousand Foot , but very weak in Horse , lye about six miles on this side the Enemy ; I do hear that their Infantry consists of men who come to them out of Conscience , and generally are of the godly People of that Nation , which they express by their Piety and Devotion in their Quarters , and indeed I hear they are a very godly and honest Body of men . I think it is not unknown to your Lordships what Directions I have received from you for the prosecution of our late Victory ; whereof I shall be bold to remember a Clause of your Letter , which was , That I should prosecute the remaining party in the North , and not leave any of them ( where-ever they shall go ) to be a beginning of a new Army , nor cease to pursue the Victory , till I finish and fully compleat it , with their Rendition of those Towns of Barwick and Carlisle , which most unjustly , and against all Obligations and the Treaties ( then ) in force , they surprized and Garisoned against us . In order whereunto , I marched to the Borders of Scotland , where I found the countrey so exceedingly harrased and impoverished by Monro and the Forces with him , that the countrey was in no sort able to bear us on the English side , but we must have necessarily ruined both your Army , and the Subjects of this Kingdom , who have not bread for a day , if we had continued amongst them . In prosecution of your Orders , and in answer to the necessity of your Friends in Scotland , and their desires , and considering the necessity of marching into Scotland , to prevent the Governor of Barwick from putting Provisions into his Garison on Scotland side ( whereof he is for the present in some want , as we are informed ) I marched a good part of the Army over Tweed yesterday about Noon , the residue being to come after as conveniently as we may . Thus have I given to your Lordships an Account of our present condition and Engagement ; and having done so , I must discharge my duty in remembring to your Lordships the Desires formerly expressed in my Letters to Sir William Armyn and Sir John Evelyn for Supplies ; and in particular , for that of Shipping to lye upon these Coasts , who may furnish us with Ammunition or other Necessaries wheresoever God shall lead us , there being extreme difficulty to supply us by land , without great and strong Convoys , which will weary out and destroy our Horse , and cannot well come to us if the Tweed be up , without going very far about . Having laid these things before you , I rest , My Lords , Norham this 20 of Septem. 1648 . Your most humble Servant , O. CROMVVEL . Whilest we are here , I wish there be no neglect of the business in Cumberland and Westmerland : I have sent Orders both into Lancashire and the Horse before Pontefract ; I should be glad your Lordships would second them , and those other Considerations expressed in my Desires to Sir William Armyn thereabouts . O. C. Lieut : General Cromwels Summons to the Governor of Berwick . SIR , BEing come thus near , I thought fit to Demand the Town of Berwick to be delivered into my hands , to the use of the Parliament and Kingdom of England , to whom of right it belongeth : I need not use any arguments to convince you of the justice hereof ; the witness that God hath born against your Army in their Invasion of this Kingdom , which desired to sit in Peace by you , doth at once manifest his dislike of injury done to a Nation that meant you no harm , but hath been all along desirous to keep Amity and brotherly affection and agreement with you : If you deny me in this , we must make a second Appeal to God , putting our selves upon him , in endeavoring to obtain our Rights , and let him be Iudge between us ; and if your ayms be any thing beyond what we profess , he will require it ; if further trouble ensue upon your denial , we trust he will make our innocency to appear : I expect your Answer to this Summons this day , and rest , Your Servant , O. C. For the Governor of Berwick . For the Right Honorable , Lieutenant General Cromwel . Much Honored and Noble Sir , I Have received yours , wherein ye desire the delivering up of this Town , which I was put in trust with by the Committee of the States of Scotland , wherewith I am immediately to acquaint them , and expects their Order ; and in the mean time rests , Berwick , 15. Sep. 1648 . Noble Sir , Your humble Servant , LO : LESLIE . The LETETR to the Committe of Estates of Scotland . Right Honorable , BEing upon my approach to the borders of the Kingdom of Scotland , I thought fit to acquaint you with the Reasons thereof : It is well known how injuriously the Kingdom of England was lately invaded by the Army under Duke Hamilton , contrary to the Covenant and our Leagues of Amity , and aginst all the Engagements of Love and Brotherhood between the two Nations : And notwithstanding the pretences of your late Declaration , published to take with the people of this Kingdom , the Commons of England in Parliament assembled , Declared the said Army so entring , as Enemies to the Kingdom , and those of England who should adhere to them as Traytors ; and having received commands , with a considerable part of their Army to oppose so great aviolation of Faith and Justice , what a witness God , being appealed to , hath born upon the Engagements of the Armies , against the unrighteousness of man , not onely your selves , but this Kingdom , yea , and a great part of the known world , will I trust acknowledge , how dangerous a thing it is to wage an unjust War , much more to appeal to God the righteous judge therein : we trust he will perswade you better by this manifest token of his displeasure , least his hand be stretched out yet more against you , and your poor people also , if they will be deceived . That which I am to Demand of you , is , the Restitution of the Garisons of Berwick and Carlisle into my hands , to the use of the Parliament and Kingdom of England : If you deny me herein , I must make our Appeal to God , and call upon him for assistance , in what way he shall direct us ; wherein we are and shall be so far from seeking the harm of the well-affected in the Kingdom of Scotland , that we profess as before the Lord , that what difference an Army necessitated in an Hostile way , to recover the ancient Rights and Inheritance of the Kingdom under which they serve , can make , we shall rejoyce , and use our endeavors to the utmost , the trouble may fall upon the Contrivers and Authors of this Breach , and not upon the poor innocent people , which have been led and compelled into this Action , as many poor souls now Prisoners to us confess : We thought our selves bound in duty thus to expostulate with you , and thus to profess , to the end we may bear our integrity out before the world , and may have comfort in God , what ever the event be . Desiring your Answer , I rest , Your Lordships humble Servant , O. C. For the Right Honorable , the Commander in chief of the Forces of the Parliament of England , near Berwick and Carlisle , or in any other part within the Northern Counties . Right Honorable , HEaring that some Forces of the Parliament of England are come Northward , near the borders of Scotland , to reduce Berwick and Carlisle ; The Desire we have to preserve a right understanding between the Kingdoms , hath moved us to signifie to you , That as we did dissent from , & protest against the late unlawful engagement against England , carried on by a prevalent party and faction , against the Declaration of this Church and their Commissioners , and against the desires and supplications of the most considerable shires of this Kingdom ; so shall we be ready to cooperate , by contributing our best endeavors with you , that the Garisons of Berwick and Carlisle be reduced , and the Towns delivered to the Houses of Parliament , or such as are or shall be by them authorized . These who command the Forces returned from that Army which went into England , and their adherents , have made applications to us for a Treaty ; we have desired them to disband their Forces and Garisons , and deliver those Towns , that they may be surrendred to the Houses of Parliament ; assuring you , that in any transaction of Peace with them , or pursuance of War against them , we shall be as careful and tender of the interest and good of the Kingdom of England , as of our own Nation ; and our Actions in this and in every occasion shall be real evidences of our sincere resolutions to observe inviolably the Covenant and Treaties between the kingdoms , and to be mutually ayding to each other against the common enemy , till it please God to grant both Kingdoms the great blessing of a safe and well-grounded Peace . Falkirk , 15. Sep. 1648 . By Warrant , and in the Name of the Noble men , Gentlemen and Burgesses now in Arms , who dissented in Parliament from the late Engagement against the Kingdom of England . Loudoun Canc' Instructions to the Laird Gramheat , and Major Straughan . 1. YOu shall shew , That the remainder of that Army that went into England in the last wicked Engagement , with the Forces with George Monro and their Adherents , being returned into this Kingdom , are very active to raise new Forces , and strengthen themselves to carry on the former Designs . 2. You shall shew , That we are resolved to oppose them , and that we shall agree to no desire of that Army , without disbanding of their Forces , and denuding themselves of all power , that the power of Peace and War may be intrusted to such as have dissented from the late Engagement , and desire to preserve the Union between the Kingdoms . 3. You shall shew , That if they lay not down their Arms , but persist to pursue their Engagements against the Kingdom of England , and disturb the Peace of this Kingdom , we are confident that the Houses of Parliament and their Armies will be ready to assist us with their Forces , to pursue them as common Enemies to both Kingdoms , as we were and are willing to assist the Houses of Parliament against the Malignants in England . 4. That we desire and expect they will be in readiness to concur with us , when we shall give them a call ; and that we are to send to the Honorable Houses of Parliament , to desire their assistance , and that by joynt Councels and Forces , the Disturbers of the Peace of both Kingdoms may be brought to Tryal and condign punishment . Falkirk , 15. Septemb. 1648 . Articles in Treaty between the two Armies . THe Members of Parliament who dissented in Parliament , and the Gentlemen and Burgesses chosen by the several Shires and Burghes , now in Arms for the Covenant , do propound to those in Arms against us , That all their Forces in the Field be forthwith Disbanded , and the Garisons of Berwick and Carlisle , and other Garisons in their Power within the Kingdom of Scotland and England be forthwith delivered ; that we may Surrender to the Kingdom of England their own Garisons and Forts , and for continuing the Union betwixt two Kingdoms , and dispose of our Garisons for securing the Peace of this Kingdom . That all these of their number , who have been imployed in Publique Place or Trust in the Kingdom ( in respect they have by manifest abuse of their Power and Trust so exceedingly endangered Religion , and brought the Kingdom to the very brink of Dispair and Ruine ) shall forbear the exercise of all Place , Power or Trust , until a free PARLIAMENT or CONVENTION of ESTATES , consisting onely of persons free from the late unlawful Engagement ; and that the benefit of their Places be Sequestred , to be disposed of by the Parliament or Convention of Estates , and they giving assurance that in the mean time they shall not disturb the Peace of the Kingdom , we shall not challenge them for their lives or Estates ; being always understood , That nothing herein contained , shall prelimit the Parliament of this Kingdom to the Kingdom of England , according to the Treaties and Covenant . It is to be remembred , That the Persons above written , Nominated and Authorized for the Treaty , shall not have any Power to conclude , but after Debate of all matters in Writing , to make a report thereof to us . Woodhouse , 14 Septemb. 1648 . The Expostulation between the two Armies . VPon Tuesday morning about five of the clock , the Lord Humby and the Lord Lee your Commissioners , presented a Letter Subscribed by the Earl of Crawford-Lindsey , the Earl of Lanerick , and Col : Geo : Monro ; wherein they did agree , That a Treaty should begin at eight of the clock in the morning at Wenchborow ; with this limitation , That the Treaty should onely continue till twelve at noon , promising that the Army under your Command should march no further then they were at present , our Army doing the like ; And that during the Treaty , there should be a Cessation from all acts of Hostility . Though this Letter came late to our hands , about three hours after the time appointed , and so it was in our choyce to have marched presently , or to have embraced a Treaty ; yet we resolved to stay , and were content to send some of our number to Treat at Wenchborow with the like number from you ; provided , That the Treaty might endure until Wednesday at four of the clock in the morning , and all marching of Forces , and acts of Hostility on either side should cease during that time : Whereupon your Commissioners the Lord Humby and the Lord Lee did undertake , That either your Lordships should agree to prorogate the time of the Treaty until Wednesday four of the clock in the morning , the Forces of both sides not marching further then they were at present , and the Marquis of Argyle not coming with his Forces to St. Nynyans Kirk , about a mile on this side of Sterling : Or otherwise if you did not agree to this , that then none of your Forces should march before eleven of the clock at the soonest . Two from us were sent along with your Commissioners to receive your Answer , which was delivered by the Earl of Crawford and Glencarn , at the Town end of Lithgow , in these words : That it was impossible for you to consent to prorogate the time of the Treaty until four of the clock on Wednesday morning ; And that you resolved to fight that night for the Pass at Sterling , though it were with Twenty thousand : but withal promised to make good what your Commissioners had undertaken ; viz. That none of your Forces should march before eleven of the clock out of your Quarters ; particularly , That they should not before that time cross the River of Evarn near Lithgow : All which notwithstanding , we were credibly informed part of your Forces marched through Falkirk , which is about six miles distant from Lithgow , betwixt nine and ten of the clock in the Forenoon , and about two of the clock in the Afternoon marched into Sterling , which is distant twelve miles from Lithgow , and so under trust and fair pretences to Treat , your Lordships did take an opportunity to surprize the Forces of the Marquis of Argye , killing some , and taking others Prisoners , when they were in security , being advertised by us of a Treaty betwixt your Lordships and us ; which we cannot esteem to be a fair way of proceeding : And therefore we desire , That all those of the Marquis of Argyle's Forces , detained Prisoners by your Lordships , may be forthwith released and set at liberty ; and for the Blood of those that have been killed under trust , we know not how it can be expiated . For the Right Honorable , The Earl of Loudoun Chancellor of Scotland , to be communicated to the Noblemen , Gentlemen , and Burgesses now with the Army , who Dissented from the late Engagament against the Kingdom of ENGLAND . Right Honorable , VVE received yours from Falkirk of the 15 of Septem. instant ; we have had also a fight of your Instructions given to the Laird of Gramheats and Major Straughan ; as also two others Papers , concerning the Treaty between your Lordship and the Enemy , wherein your care of the Interest of the Kingdom of England , for the Delivery of their Towns unjustly taken from them , and desire to preserve the Unity of both Nations , are dearest : By which also we understand the posture you are now in to oppose the Enemies of the welfare and Peace of both the Kingdoms ; for which we bless God for his goodness to you , and rejoyce to see the power of the Kingdom of Scotland in a hopeful way to be invested in the hands of those , who we trust are taught of God to seek his honor , and the comfort of his people . And give us leave to say , as before the Lord who knoweth the secret of all hearts , That as we think one especial end of Providence in permitting the Enemies of God and Goodness in both Kingdoms to rise to the height , and exercise such Tyranny over his people , was , to shew the necessity of the Unity amongst his of both Nations ; so , we hope and pray , That the late glorious Dispensation in giving so happy success against your and our Enemies in our Victory , may be the foundation of the Union of the People of God in Love and Amity : and to that end we shall , God assisting , to the utmost of our power endeavor to perform what may be behinde on our part : And when we shall through any wilfulness fail herein , let this Profession rise up in Judgement against us , as having been made in Hypocrisie ; A severe Avenger of which , God hath lately appeared , in his most righteous witnessing against the Army under Duke Hamilton , Invading us under specious pretences of Piety and Justice : We may humbly say we rejoyce with more trembling , then to dare to do so wicked a thing . Upon our advance to Alnwick , we thought fit to send a good party of Horse towards the Borders of Scotland , and therewith a Summons to the Garison of Berwick ; to which having received a dilatory Answer , I desired a safe Convoy for Col : Bright and the Scoutmaster General , to go to the Committee of Estates of Scotland , who , I hope , will have the opportunity to be with your Lordships before this come to your hands , and according as they are instructed , let your Lordships in some measure ( as well as we could in so much ignorance of your condition ) know our affections to you , and understanding things more fully by yours , we now thought fit to make this return . The Command we received upon the defeat of Duke Hamilton , was , To prosecute the Business until the Enemy might be put out of a condition or hope of growing into a new Army , and the Garisons of Berwick and Carlisle were reduced : Four Regiments of our Horse , and some Dragoons , having followed the Enemy into the South parts being now come up , and this countrey not being able to bear us , the Cattel and old Corn thereof having been wasted by Monro and the Forces with him , the Governor of Berwick also daily victualling his Garison from Scotland side , and the Enemy yet in so considerable a posture , as by these Gentlemen and your Papers we understand , still prosecuting their former Design , having gotten the advantage of Sterling-Bridge , and so much of Scotland at their backs to enable them thereunto ; and your Lordships condition at present not being such as may compel them to submit to the honest and necessary things you have proposed to them for the good of both the Kingdoms ; We have thought fit out of the sence of our Duties to the Commands laid upon us by those who have sent us , and to the end we might be in a posture more ready to give you an assistance , and not be wanting to what we have made so large Professions of , to advance into Scotland with the Army ; And we trust by the blessing of God , the Common Enemy will thereby the sooner be brought to a submission to you , and we thereby shall do what becometh us in order to the obtaining our Garisons ; engaging our selves , That so soon as we shall know from you the Enemy shall yield to the things you have proposed to them , and we have our Garisons delivered to us , we shall forthwith depart out of your Kingdom , and in the mean time be more tender towards the Kingdom of Scotland in the point of Charge , then if we were in our own Native Kingdom . If we shall receive from you any desire of a more speedy advance , we shall readily yield compliance therewith , desiring often to hear from you how Affairs stand . This being the Result of the Councel of War , I present it to you as the expression of their affections and my own , who am , My Lord , Your most humble Servant , O. CROMVVEL . An Extract of Letters from the Committee of Derby-house , of 24 Augusti , and 19 , Septembr . to Lieutenant General CROMVVEL . SIR , VVE doubt not but God will so direct and assist you in doing what remains , as both those that are come Southward will be destroyed ; and that you then will prosecute the remaining party in the North , and not leave any of them ( where ever they shall go ) to be a beginning of a new Army ; nor cease to pursue your Victory , till you finish and fully compleat it , with their Rendition of those Towns of Berwick and Carlisle , which most unjustly , and against Obligations , and the Treaties ( then ) in force , they surprised and Garisoned against us . Derby-house , 24 Aug. 1648 . BY the Postscript of your Letter of the 11th , we conceive you will be advanced as far as the Borders before these come to you ; and that you will lose no time nor opportunity for the regaining of the Towns of Berwick and Carlisle , and desire you to use the best means that you in your judgement shall think most conducing to that end ; The regaining of them being a thing of so grent concernment to the Honor of this Kingdom , and safety of those Northern parts . Derby-house , 19 Septem. 1648 . Die Jovis , 28 Septemb. 1648. . Resolved upon the Queston , THat the Lords and Commons assembled in Parliament , do approve of the actions of Lieut : General Cromwel , in pursuance of the Orders he received from the Committee sitting at Derby-house , which they likewise approve of . Resolved upon the Question , &c. That in case those Noblemen and others that dissented against the Invasion of the Kingdom of England by the Army under the Command of Duke Hamilton , shall desire the assistance of Lieut : General Cromwel , that he be ready to afford them all seasonable relief and assistance . H : Elsynge , Cler. Parl. D.Com. FINIS . 
A82440	----	An act for the continuance of judicatories in Scotland. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82440 of text R211551 in the English Short Title Catalog (Thomason 669.f.16[71]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82440 Wing E1103 Thomason 669.f.16[71] ESTC R211551 99870267 99870267 163224 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82440) Transcribed from: (Early English Books Online ; image set 163224) Images scanned from microfilm: (Thomason Tracts ; 246:669f16[71]) An act for the continuance of judicatories in Scotland. England and Wales. Parliament. 1 sheet ([1] p.) Printed by John Field, Printer to the Parliament of England, London : 1652. Order to print dated: Tuesday the Twenty sixth of October, 1652. Signed: Hen: Scobell, Cleric. Parliamenti. With Parliamentary seal at head of text. Reproduction of the original in the British Library. eng Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. Scotland -- Politics and government -- 1649-1660 -- Early works to 1800. A82440 R211551 (Thomason 669.f.16[71]). civilwar no An Act for the continuance of judicatories in Scotland. England and Wales. Parliament. 1652 364 1 0 0 0 0 0 27 C The rate of 27 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion blazon or coat of arms incorporating the Commonwealth Flag (1649-1651) AN ACT For the Continuance of Judicatories in Scotland . WHereas the Commissioners of the Parliament of the Commonwealth of England , for ordering and managing Affairs in Scotland , by vertue of the Power to them granted , did nominate and appoint several persons to be Commissioners and Visitors of the Universities , Colledges and Schools of Learning ; others to be Commissioners for the Administration of Iustice in Causes Criminal and C●●●● ; and others to be Sheriffs and Commissaries within several Freedoms , limits and places in Scotland : The said respective Commissions so made & granted , to continue and be in force for and until the First day of November , One thousand six hundred fifty two , and no longer . Be it Enacted by this present Parliament , and the Authority thereof , That the said Commissions and every of them , and all Orders and Instructions relating thereunto , and in pursuance thereof , shall be , and are hereby continued , and shall remain and be in full force and vertue until the First day of May , One thousand six hundred fifty three : And that the respective Commissioners therein named , shall do and execute the like matters and things , as they or any of them by vertue of the said Commissions , Orders or Instructions respectively were authorized and enabled unto , the said Commissioners , their Officers and Ministers and every of them , having and receiving for themselves respectively , such Fees , Salaries and Allowances , as they or any of them were authorized to have and receive by vertue of their respective Commissions , or by any Order , Direction or Instruction granted by the said Commissioners of Parliament : And all persons whatsoever concerned in the premises are to take notice hereof , and conform themselves hereunto accordingly . Tuesday the Twenty sixth of October , 1652. ORdered by the Parliament , That this Act be forthwith printed and published . Hen : Scobell , Cleric . Parliamenti . London , Printed by John Field , Printer to the Parliament of England . 1652. 
A82613	----	The declaration of both houses of Parliament concerning His Maiesties letter to the privy councell of the kingdome of Scotland And the petition of the noblemen, gentlemen, ministers, &c. of Scotland, to the Lords of the Privy Councell. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82613 of text R210708 in the English Short Title Catalog (Thomason 669.f.5[42]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82613 Wing E1340 Thomason 669.f.5[42] ESTC R210708 99869477 99869477 160755 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82613) Transcribed from: (Early English Books Online ; image set 160755) Images scanned from microfilm: (Thomason Tracts ; 245:669f5[42]) The declaration of both houses of Parliament concerning His Maiesties letter to the privy councell of the kingdome of Scotland And the petition of the noblemen, gentlemen, ministers, &c. of Scotland, to the Lords of the Privy Councell. England and Wales. Parliament. 1 sheet ([1] p.) Printed for Joseph Hunscot and Iohn Wright, London : 16 Iune, 1642. Parliament has read a letter from the King and a petition of Scots nobility, &c., to the Privy council at Edinburgh. The suffering there expressed are not owing to Parliament, which has laboured to take the blame off the King and throw it on his ministers. .. -- Steele. Reproduction of the original in the British Library. Order to print dated: Mercurii 15 Iunii. 1642. Signed: Io. Brown. Cleric. Parliament. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Scotland -- Politics and government -- 1625-1649 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A82613 R210708 (Thomason 669.f.5[42]). civilwar no The declaration of both Hovses of Parliament concerning His Maiesties letter to the privy councell of the kingdome of Scotland. And the peti England and Wales. Parliament. 1642 581 2 0 0 0 0 0 34 C The rate of 34 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE DECLARATION OF BOTH HOVSES OF PARLIAMENT Concerning His Maiesties Letter to the Privy Councell of the Kingdome of Scotland . And the Petition of the Noblemen , Gentlemen , Ministers , &c. of Scotland , to the Lords of the Privy Councell . THE Lords and Commons in Parliament , have perused a printed Paper under the title , A Letter sent from the Kings Majesty to the Lords of the privy Counsell of the Kingdome of Scotland ; bearing in the front the appearance of his Majesties usuall Signature , and in the bottome this Date . Given at ou● Court of Yorke the 20 ▪ of May . 1642. As likewise another paper in the forme of a Petition with this inscription , To the Right Honorable the Lords of his Majesties Privy Counsell . The humble Petition of many Noblemen , Gentlemen , Burgesses , and Ministers occasionably meeting at Edenbrough , and having bin credibly informed , that they are true Copies of a Letter and a Petition sent and delivered as the severall Titles import . Vpon mature consideration of the matter therein contained , doe declare , and protest ; That those sufferings expressed in the Papers betwixt his Majesty , and Parliament , cannot justly be imputed to any actions , or intentions of ours , who have endeavoured with all fidelity , to procure the happinesse of his Majesty , and of this Kingdome ; And that we are not guilty of laying upon the King , any such calumnies , and aspertions , as are mentioned in that Paper , and seeme to reflect upon us ; But on the contrary have laboured to take the blame from his Majesty , and to lay it upon his evill Councell . And as touching the Petition aforementioned , wee doe with much contentment , and thankfulnesse , observe the faithfulnesse , and good affection of our Brethren of Scotland , in seeking to prevent all Iealousies , and to preserue the peace betwixt the two Nations , so truly expressed to the Lords of the Councell ; whereby the hopes of those , who practised to have drawn from their Lordships some Declaration to the prejudice of this Kingdome , were frustrated . And we shall never cease to answer this great care of theirs , with the like earnest and dilligent endeavours , to promote the honor , wealth , and prosperity of that Nation , and preserve that Union so strongly fortefyed , by publike and mutuall interest , and affection on both sides ; And wee desire that the Commissioners may give notice to the Scottish Commissioners how heartily , and joyfully wee doe imbrace the kindnesse of that Kingdome , manifested in that Petition , and Order this Declaration to be forthwith printed ; That so it may be published to the whole Kingdome of Scotland , hoping that this constant , and Inviolable amity betwixt us , will not onely conduce to the safety , and honour of both Kingdomes , but prove very usefull for the advantage , and security of the Protestant Religion in other parts . Mercurii 15 Iunii . 1642. ORdered by the Lords and Commons in Parliament Assembled . That this Declaration shall be forthwith Printed and Published . Io. Brown . Cleric . Parliament . London Printed for Joseph Hunscot and Iohn Wright , 16 Iune , 1642. 
A82620	----	A declaration of the Lords and Commons assembled in Parliament. Die Lunæ 8. Septemb. 1645. Whereas the Lords and Commons in Parliament assembled, are informed that by the subtile and malicious practises of a Popish and malignant party, ... England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82620 of text R212256 in the English Short Title Catalog (Thomason 669.f.9[45]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82620 Wing E1350 Thomason 669.f.9[45] ESTC R212256 99870896 99870896 161143 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82620) Transcribed from: (Early English Books Online ; image set 161143) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[45]) A declaration of the Lords and Commons assembled in Parliament. Die Lunæ 8. Septemb. 1645. Whereas the Lords and Commons in Parliament assembled, are informed that by the subtile and malicious practises of a Popish and malignant party, ... England and Wales. Parliament. 1 sheet ([1] p.) printed for John Wright at the Kings head in the old Bayley, London : 9. Septemb. 1645. Title from heading and first lines of text. Signed: Ioh Brown Cler. Parliamentorum. Disclaiming any intention of confiscating Welsh estates for the benefit of the Scotch. Reproduction of the original in the British Library. eng England and Wales. -- Parliament -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Wales -- History -- 1536-1700 -- Early works to 1800. Scotland -- Foreign relations -- Wales -- Early works to 1800. A82620 R212256 (Thomason 669.f.9[45]). civilwar no A declaration of the Lords and Commons assembled in Parliament. Die Lunæ 8. Septemb. 1645. Whereas the Lords and Commons in Parliament assem England and Wales. Parliament. 1645 394 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A Declaration of the Lords and Commons assembled in Parliament . Die Lunae 8. Septemb. 1645. WHereas the Lords and Commons in Parliament assembled , are informed that by the subtile and malicious practises of a Popish and malignant party , opposite to Gods Cause and the prosperity of this Kingdome , it hath been insinuated and infused into sundry of the Inhabitants of His Maiesties Dominions of Wales , to dis-affect and poyson them against the proceedings of the Parliament , That it was their intention to gratifie our Brethren of Scotland for their assistance in these our extremities drawne upon us by the said Popish and malignant party with the Estates and Lands of the said Inhabitants , which is so absolutely false that it never entred into their thoughts , and consequently needed no refutation : Yet that the Subiects of this Kingdome , inhabiting within the said Dominion of Wales , may receive full and befiting satisfaction , and We and our Brethren of Scotland Vindication against so foule and so barbarous an Aspersion , the said Lords and Commons doe testifie and declare to all persons whatsoever to whom these shall come , That they doe much abhor and detest an Act of such Iniustice and Inhumanity , and that they are so farre from doing any such thing , that if any of the said Inhabitants upon due sense and sorrow for any of their Crimes and Misdemeanours committed against the present Parliament , shall submit and apply themselves by humble Petition to the Parliament , and desire the favour of ; and reconciliation to the same , the said Lords and Commons will be thereupon ready to receive any and all such upon such reasonable termes as the wisdome of the Parliament shall thinke in some measure proportionable to the qualities and degrees of their severall Offences , and thereupon yeeld them all such aid and assistance as they shall reasonably desire , and the Parliament be able to afford . Provided alwayes that this shall not extend to any that are excepted from Pardon within the Propositions lately presented to His Maiestie for a safe and well grounded Peace . Ioh Brown Cler. Parliamentorum . London printed for John Wright at the Kings head in the old Bayley . 9. Septemb. 1645. 
A82671	----	Die Sabbathi, 14 Novemb. 1646. A declaration of the Lords and Commons assembled in Parliament, for payment of our brethren of Scotland two hundred thousand pounds in maner and form following, and they to depart this kingdom England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82671 of text R212312 in the English Short Title Catalog (Thomason 669.f.9[72]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82671 Wing E1410 Thomason 669.f.9[72] ESTC R212312 99870949 99870949 161170 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82671) Transcribed from: (Early English Books Online ; image set 161170) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[72]) Die Sabbathi, 14 Novemb. 1646. A declaration of the Lords and Commons assembled in Parliament, for payment of our brethren of Scotland two hundred thousand pounds in maner and form following, and they to depart this kingdom England and Wales. Parliament. 1 sheet ([1] p.) Printed for Edw. Husband, Printer to the Honble House of Commons, London : [1646] Order to print signed: H:Elsynge, Cler. Parl. D. Com. Publication date from Wing. With engraved border. Reproduction of the original in the British Library. eng England and Wales. -- Parliament -- Appropriations and expenditures -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A82671 R212312 (Thomason 669.f.9[72]). civilwar no Die Sabbathi, 14 Novemb. 1646. A declaration of the Lords and Commons assembled in Parliament, for payment of our brethren of Scotland two h England and Wales. Parliament. 1646 246 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Emma (Leeson) Huber Sampled and proofread 2007-11 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Die Sabbathi , 14. Novemb. 1646. A DECLARATION OF THE LORDS and COMMONS Assembled in PARLIAMENT , For payment of Our Brethren of Scotland Two hundred thousand pounds in maner and form following , and they to depart this Kingdom . BE it Declared by the Lords and Commons in Parliament assembled , That the first One hundred thousand pounds which shall be raised , either by the sale of Bishops Lands , or by the credit of the Ordinances which are passed for that purpose , shall be paid to Our Brethren of Scotland , upon the marching of their Army and Forces out of this Kingdom , at such time and place as shall be agreed upon ; And the next Fifty thousand pounds so raised , at the end of Three Moneths after the former payment ; And Fifty thousand pounds more raised as aforesaid , at the end of Nine Moneths after the first payment : But in case the latter One hundred thousand pounds shall be with more speed procured , the same shall be sooner paid unto them , although there be no ingagement for a more speedy payment , then at the times formerly expressed . ORdered by the Commons assembled in Parliament , That this Declaration be forthwith printed and published : H : Elsynge , Cler. Parl. D. Com. London : Printed for Edw. Husband , Printer to the Honble House of Commons . 
A82889	----	A proclamation concerning the payment of the watch-money by the citizens of Edinburgh Proclamations. 1682-09-01 Edinburgh (Scotland). Town Council. 1682 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A82889 Wing E164I ESTC R231985 99900082 99900082 133318 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82889) Transcribed from: (Early English Books Online ; image set 133318) Images scanned from microfilm: (Early English books, 1641-1700 ; 2514:3) A proclamation concerning the payment of the watch-money by the citizens of Edinburgh Proclamations. 1682-09-01 Edinburgh (Scotland). Town Council. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, printer to his most sacred Majesty, Edinburgh : anno Dom. 1682. Dated at end" Given at Edinburgh, September 1st. 1682. Reproduction of original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Militia -- Early works to 1800. Broadsides -- Scotland 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms CR A PROCLAMATION Concerning the Payment of the Watch-Money by the Citizens of Edinbrugh . FORASMUCH , as the Magistrates and Council of Edinburgh , for the Ease and Conveniency of the Neighbours and Inhabitants of this City , has raised an Company of Foot Souldiers ' by vertue of a Commission from the Kings most Sacred Majesty for Guarding thereof , and which Company is now actually upon Duty ; And seeing in order to their Payment , there has been great pains and care taken by them to make a List of the whole Inhabitants lyable to Watching : and a certain small Sum weekly to be payed by the persons contained in the said List , which are now put in the hands of the Constables , to be Collected by them within their respective Bounds ; and whereupon , there is an Act of the Town Council made , the twelfth day of July last by past , which is likewise approven by the Kings Majesty . And the sa●d Magistrates and Council considering , That the saids Souldiers has been som time upon Service , and that it will take likewayes sometime for the Constables to Ingather and Collect the said Watch-mony , and to the effect that the Inhabitants lyable in paym●nt thereof , may have timeous warning to pay in to the saids Constables their respective Proportions . Therefore , the saids Magistrates , did ordain , one of the Officers of the said Town of Edinburgh To command and charge , in Our Soveraign Lords Name , and in name and behalf of the Lord Provost , Baliffs , and Council of this Burgh , that each of the Inhabitants and Neighbours within the same , contained in the respective Lists , whereof , the Constables has an Authentick double subscribed by the Magistrates , that they pay in to the respective Constables within their Bounds , a Months Watch-silver , which begins from the 24th of August last , ( upon which day the said Company entered upon Duty ) and that at , or before the seventh day of September Instant , and Monthly thereafter in time coming upon the first lawful day of each Month : Certifying all such persons whose Names are contained in the saids Lists , and who doe not make punctual payment of their respective Proportions , and that Monthly , as said is , that they shall be poinded to the double value of their saids Months Proportion ; Declaring , that the Poinds taken for payment of the saids Watch-mony , shall not be restored unless Redeemed upon Payment the very next day after the poinding : As likewise , with Certification , that those persons who shall be refractory in payment of their said Watch-mony , that they shall be lookt upon and holden as Contemners of Authority , and accordingly shall be punished in their persons . And to the effect the Constables may attend carefully upon their Duty in receiving of the said Watch-mony , they are hereby discharged from going forth of this Bu●gh unless they lay down some solid Way for Payment in their absen●e , of the Proportions of Watch-mony payable by the Inhabitan●s within their respective Bounds : Certifying the saids Constables who doe in the contrair , that their Houses shall be poinded to the double value of the Watch-mony contained in their Lists . And ordains this present Proclamation to be Intimat at the Mercat Cross of this City by sound of Trumpet , and the samine to be printed , that none may pretend Ignorance Given at Edinburgh , September 1st . 1632. I. R. God save the King. Edinburgh Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1682. 
A82917	----	An order for the speedy raising of money for the advancing of the Scotch Army Die Sabbathi. 7. October. 1643. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82917 of text R211988 in the English Short Title Catalog (Thomason 669.f.7[46]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82917 Wing E1682 Thomason 669.f.7[46] ESTC R211988 99870649 99870649 161027 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82917) Transcribed from: (Early English Books Online ; image set 161027) Images scanned from microfilm: (Thomason Tracts ; 245:669f7[46]) An order for the speedy raising of money for the advancing of the Scotch Army Die Sabbathi. 7. October. 1643. England and Wales. Parliament. Penington, Isaac, Sir, 1587?-1660. City of London (England). Lord Mayor. 1 sheet ([1] p.) s.n., [London : 1643] Imprint from Wing. Signed at end: Isaac Pennington, Mayor. Reproduction of the original in the British Library. eng Scotland. -- Army -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A82917 R211988 (Thomason 669.f.7[46]). civilwar no An Order for the speedy raising of money for the advancing of the Scotch Army. Die Sabbathi. 7. October. 1643. England and Wales. Parliament. 1643 605 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Order for the speedy raising of Money for the Advancing of the Scotch Army . Die Sabbathi . 7. October . 1643. WHEREAS by the desperate designes and Plots of Papists , Prelates , and other ill-affected persons , there hath beene a most cruell , and unnaturall Warre raised in both the Kingdomes of Ireland , and England , to the almost utter destruction of the Protestants , and their Religion , in the Kingdome of Ireland , and tò the hazzard of the like ruine , both of Religion and Liberty to us and our Posterity , in this Kingdome of England ; The which miserable and deplorable condition of both these late flourishing Kingdomes , and the apparent and eminent danger , which upon the ruine of these Islands may ensue to other Reformed Protestant Churches throughout the world . The Lords and Commons Assembled in Parliament , having taken into serious consideration , and finding no neerer , or speedyer assistance in this their sad condition , than by their Brethren of Scotland ; Have thought fit by Commissioners lately sent unto our said Brethren , to invite them to the speedy helpe and deliverance of this bleeding Kingdom , from the cruell and mercilesse proceedings of the common enemy , by their comming into this Kingdome with an Army to that purpose , unto which desire , our said Brethren , as being exceeding sensible of our aforementioned deplorable condition , have expressed both by their owne Commissioners , which they have presently thereupon sent unto us , as also by certaine intelligence from our owne Commissioners that are resident in Scotland , herein fully assented ; being now neere unto a readinesse to enter into this Kingdome , with an Army of one and twenty thousand Horse and Foote , with all things necessary , and fit thereunto , for which a supply of Money is most necessary , and without which , they are no wayes able to move with their Army . Therefore , For the better advancing of this necessary Service , the Ministers of every Parish are required publikely to stirre up their Parishioners thereunto , and the Churchwardens of every Parish to cause an Assembly of the Parishioners to morrow after Sermon in the afternoone , where it is expected that all such who are sensible of the dangers imminent , and desirous that this opportunity which God hath put into our hands , may be improved to the best and most speedy advantage , will subscribe such summes of money , as the necessity of so great a worke doth require , and that upon Monday next ( being the ninth of this instant October ) by nine of the clocke afore noone , the Churchwardens bring into Goldsmiths hall , the said Subscriptions , and that all such as shall have subscribed , doe on the same day , or very speedily after , bring in , or cause to be brought in , all such summes of money as they have so subscribed , where there are Treasurers appointed to receive , and to give Acquittances for the same ; with consideration for the time of the forbearance thereof ; For which summes so lent , there shall be the Publicke Faith of both Kingdomes , of England and Scotland given , together with such other security , as shall give content to all true lovers of their Religion and Country . Let this be read and published , as is desired , ISAAC PENNINGTON , Mayor . 
A82956	----	Die Mercurij 16. Aprill, 1645. Ordered by the Lords and Commons in Parliament assembled, that the Lord Major of the city of London is hereby desired and required to give direction that publike thanksgiving be made on the next Lords day, in every church, & chappel within the lines of communication, and bills of mortallity for Gods blessing to the forces in Scotland, against the rebells in that kingdome. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82956 of text R200015 in the English Short Title Catalog (Thomason E278_10). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 1 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82956 Wing E1734 Thomason E278_10 ESTC R200015 99860817 99860817 112942 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A82956) Transcribed from: (Early English Books Online ; image set 112942) Images scanned from microfilm: (Thomason Tracts ; 46:E278[10]) Die Mercurij 16. Aprill, 1645. Ordered by the Lords and Commons in Parliament assembled, that the Lord Major of the city of London is hereby desired and required to give direction that publike thanksgiving be made on the next Lords day, in every church, & chappel within the lines of communication, and bills of mortallity for Gods blessing to the forces in Scotland, against the rebells in that kingdome. England and Wales. Parliament. 1 sheet ([1] p.) s.n., [London : 1645] Signed: Jo: Browne Cler. Parliamentorum. Imprint from Wing. At foot: To the gentleman vsher attending this house, or his deputy to be delivered to the Lord Major of the city of London. Reproduction of the original in the British Library. eng City of London (England). -- Lord Mayor -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. London (England) -- History -- 17th century. Great Britain -- Politics and government -- 1642-1649. A82956 R200015 (Thomason E278_10). civilwar no Die Mercurij 16. Aprill, 1645.: Ordered by the Lords and Commons in Parliament assembled, that the Lord Major of the city of London is here England and Wales. Parliament. 1645 108 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Mona Logarbo Sampled and proofread 2007-12 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Die Mercurij 16. Aprill , 1645. ORdered by the Lords and Commons in Parliament Assembled , That the Lord Major of the City of London is hereby desired and required to give direction that Publike Thanksgiving be made on the next Lords day , in every Church , & Chappel within the Lines of Communication , and Bills of Mortallity for Gods blessing to the Forces in Scotland , against the Rebells in that Kingdome . Jo : Browne Cler. Parliamentorum . To the Gentleman Vsher attending this House , or his Deputy to be delivered to the Lord Major of the City of London . 
A83176	----	Die Veneris 15. August. 1645. An ordinance of the Lords and Commons assembled in Parliament for the continuance of the monethly assessement for the maintenance of the Scottish Army. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A83176 of text R212251 in the English Short Title Catalog (Thomason 669.f.9[42]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83176 Wing E1962 Thomason 669.f.9[42] ESTC R212251 99870893 99870893 161140 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A83176) Transcribed from: (Early English Books Online ; image set 161140) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[42]) Die Veneris 15. August. 1645. An ordinance of the Lords and Commons assembled in Parliament for the continuance of the monethly assessement for the maintenance of the Scottish Army. England and Wales. Parliament. 1 sheet ([1] p.) Printed for Iohn Wright at the Kings head in the Old-Bayley, London : 16 August 1645. In this edition there is no comma after "Parliament" in line 3 of title and the first letter of the publisher's name in imprint is an "I" in place of a swash "J". Order to print signed: Ioh. Brown Cler. Parliamentorum. Reproduction of the original in the British Library. eng Scotland. -- Army -- Early works to 1800. Taxation -- Law and legislation -- England -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A83176 R212251 (Thomason 669.f.9[42]). civilwar no Die Veneris 15. August. 1645. An ordinance of the Lords and Commons assembled in Parliament for the continuance of the monethly assessement England and Wales. Parliament. 1645 330 2 0 0 0 0 0 61 D The rate of 61 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Mona Logarbo Sampled and proofread 2007-12 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Die Veneris 15. August . 1645. An Ordinance of the LORDS and COMMONS assembled in Parliament for the continuance of the Monethly Assessement for the maintenance of the Scottish Army . WHereas by an Ordinance of Parliament bearing Date the 20 of Febr. 1644. Intituled , An Ordinance of the Lords and Commons assembled in Parliament , for the raising and leavying of the monethly sum of 21000. l. towards the maintenance of the Scottish Army , under the Command of the Earl of Leven , by a monethly Assessement upon the severall Counties , Cities , and Townes of the Kingdome of England ▪ therein mentioned : It is Ordained , That there shall be severall sums of money taxed , leavyed , and paid towards the maintenance of the said Army upon the several Counties , Cities and Towns therein mentioned , by a monethly Assessement , to continue for foure Moneths , beginning the first of March 1644 and since expired . Be it Ordained , And it is now Ordained by the Lords and Commons assembled in Parliament , That the said Ordinance , and every Clause therein contained , the severall Taxes and Payments therein expressed , and the Power and Authority thereby given and appointed to all and every the Committees and persons or any of them named or mentioned in the said Ordinance , shall be in force and continue for the space of foure Moneths longer , to begin from the first of Iuly , 1645. to all intents and purposes ▪ as if the said Ordinance had bin at first made to have continuance for eight Moneths , from the first day of March 1644. ORdered by the Lords and Commons assembled in Parliament , That this Ordinance be forthwith Printed and Published . Ioh. Brown Cler. Perliamentorum . London , Printed for Iohn Wright at the Kings head in the Old-Bayley , 16 August 1645. 
A84669	----	For the Right Honourable the Lords and Commons assembled in the Parliament of England. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A84669 of text R211045 in the English Short Title Catalog (Thomason 669.f.13[44]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A84669 Wing F1438 Thomason 669.f.13[44] ESTC R211045 99869781 99869781 162940 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A84669) Transcribed from: (Early English Books Online ; image set 162940) Images scanned from microfilm: (Thomason Tracts ; 246:669f13[44]) For the Right Honourable the Lords and Commons assembled in the Parliament of England. Scotland. Parliament. England and Wales. Parliament. 1 sheet ([1] p.) Printed for John Wright, at the Kings Head in the Old-Bayley, London : 1648. As they were thankful for the coming of the army under Lieut.-Gen. Cromwell and Maj.-Gen. Lambert so now that they are retiring the Committee of Estates bear testimony to their excellent carriage, strengthening and confirming the amity of both kingdoms -- Cf. Steele. Dated at end: Edenburgh 7. Novemb. 1648. Order to print dated: Die Veneris 17 Novemb. 1648. Signed: Joh. Brown Cler. Parliamentorum. Hen. Elsyng Cler. Parl. D. Com. Reproduction of the original in the British Library. eng Scotland -- Foreign relations -- England -- Early works to 1800. England -- Foreign relations -- Scotland -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A84669 R211045 (Thomason 669.f.13[44]). civilwar no For the Right Honourable the Lords and Commons assembled in the Parliament of England. Scotland. Parliament 1648 286 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-09 Apex CoVantage Keyed and coded from ProQuest page images 2007-10 Mona Logarbo Sampled and proofread 2007-10 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion For the Right Honourable The Lords and Commons assembled in the PARLIAMENT of England . Right Honourable , AS we are very sensible of the benefit and advantage afforded to this Kingdome , ( against the Enemies to the peace and happinesse of both Nations ) by the comming hither of your Forces under the command of Lievtenant Generall Crumwell , and Major Generall Lambert ; So we hold it fitting when the condition of our Affaires and Posture of our Forces have now permitted their returne , to render them this deserved Testimony , and to acknowledge that the deportment of the Generall Officers , under-Officers and Souldiers in their comming into this Kingdome , during their aboad amongst us , and in their returne to England , hath beene so faire and Civill , and with so much Tendernesse to avoid all causes of offence , and to preserve a right understanding betwixt the Kingdomes , That we trust by their carriage the Maglignant and Disaffected shall be much convinced and disappointed , and the Amity of both Kingdomes strengthned and confirmed , which we shall likewise on our part inviolably study to preserve , and to witnesse that we are Edenburgh 7. Novemb. 1648. Your very affectionate friends and humble servants Loudoun Canc. Signed in the name , and by Command of the Committee of Estates . Die Veneris 17 Novemb. 1648. ORdered by the Lords and Commons assembled in Parliament , That this Letter be forthwith Printed , and published . Joh. Brown Cler. Parliamentorum . Hen. Elsyng Cler. Parl. D. Com. London Printed for John Wright , at the Kings-Head in the Old-Bayley , 1648. 
A65261	----	Akolouthos, or, A second faire warning to take heed of the Scotish discipline in vindication of the first (which the Rt. Reverend Father in God, the Ld. Bishop of London Derrie published a. 1649) against a schismatical & seditious reviewer, R.B.G., one of the bold commissioners from the rebellious kirke in Scotland ... / by Ri. Watson ... Watson, Richard, 1612-1685. 1651 Approx. 774 KB of XML-encoded text transcribed from 136 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A65261 Wing W1084 ESTC R13489 13320297 ocm 13320297 99040 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A65261) Transcribed from: (Early English Books Online ; image set 99040) Images scanned from microfilm: (Early English books, 1641-1700 ; 442:14) Akolouthos, or, A second faire warning to take heed of the Scotish discipline in vindication of the first (which the Rt. Reverend Father in God, the Ld. Bishop of London Derrie published a. 1649) against a schismatical & seditious reviewer, R.B.G., one of the bold commissioners from the rebellious kirke in Scotland ... / by Ri. Watson ... Watson, Richard, 1612-1685. Creighton, Robert, 1593-1672. 2 pts. ([20], 16, 204, [8] p.) Printed by Samuel Broun ..., Hagh : 1651. Title transliterated from Greek. Page 32 and signature Dd3 are stained; p. 200 is faded and signature Dd3 is torn with loss of print in filmed copy. Page 190-end photographed from Bodleian Library copy and inserted at the end. Includes errata. Reproduction of original in British Library. Marginal notes. "Dr. Creighton's letter": p. [10]. Includes index. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Bramhall, John, 1594-1663. -- Fair warning to take heed of the Scotish discipline. Baillie, Robert, 1599-1662. -- Review of Doctor Bramble. Scotland -- Church history -- 17th century. 2003-12 TCP Assigned for keying and markup 2004-02 Apex CoVantage Keyed and coded from ProQuest page images 2004-03 Jonathan Blaney Sampled and proofread 2004-03 Jonathan Blaney Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion ΑΚΟΛΟΥΘΟΣ OR A SECOND FAIRE WARNING To take heed of the SCOTISH DISCIPLINE , In vindication of THE FIRST . ( Which the Rt. Reverend Father in God , THE Ld. BISHOP OF LONDON DERRIE Published A o 1649. ) Against a schismatical & seditious REVIEWER R. B. G. One of the bold Commissioners from the REBELLIOVS KIRKE IN SCOTLAND To His Sacred MAJESTIE K. CHARLES the SECOND when at the HAGE , BY RI. WATSON Chaplane to the Rs. Ho ble . THE LORD HOPTON . HAGH , Printed by SAMUEL BROUN , English Bookeseller . 1651. To the Rt. Honora ble . the LORD HOPTON Baron of Straton , &c. One of the Lords of His Maje ties most honourable Privie Councel . MY LORD : VPon discoverie of a late motion in some sheetes , I found my booke to have been hitherto but in a trance , which receiving as I thought , ( but knew not from whence ) a mortal wound before it appeared in the encounter , I gave over long since for downe right dead & buried in the presse . When it recovered spirits enough to crave my hand , I could not denie it so small a courtesie as to helpe it up . In that it lookes not so vivide and fresh complexioned as heretofore it might , it shares-but in the ordinarie effects of such misse-fortune . If resuming what it was speaking a twelve-moneth since , be censured for impertinencie to these times , & ( it may be ) laughed at by some for prophesying of things past the possibilitie of their successe , the fault may be theirs that disordered the leaves when well suited , and the failing not mine , who undertoke not against all changes of mindes , or alterations of counsels , or preventions of causes running on then visiblie to the same issues I assign'd them in my conjecture . But these exceptions , My Lord , though they clip the fringe , neither unshape , nor shorten the garment I intended as the proper guise for Scotish Presbyterie to be seene in the very same with that wherein the Rt. Reverend Bishop of London Derrie had well clad her , soone afterward not onelie undecentlie discompos'd , but rent in pieces by the rudenesse of an angrie furie , one of those sixe evil spirits that haunted ( in the night of sorrow ) with both tempting and terrifying apparitions , His Royal MAJESTIE and your H. H. at the Hage . From whose praevailing violence no rescue could be offered but by repelling the tempest of his language , wherewith he thought to keepe all Antagonists at a distance , and by blowing in his face the fire & stinking sulphure of his breath . If your Lordship please to passe a litle through the smoke , and take no offense at the smell which in a neare approach will be found to be litle of my making , Truth & reason will be beter discerned in a readinesse to entertaine you , as some longer traine of Authoritie had likewise if Fathers & Councels in this pilgrimage of ours had been , to a just number , within my reach , and some later Writers at the pleasure of my call . The stand , or at least some impediment in the march , of these Bloudie Presbyters , which this forlorne hope will , in some likelihood cause for a time may by your Lordship , unpraejudic'd , be taken for an hapie augurie of the absolute defeate unquaestionablie to follow , if occasion require , by a greater strength , and that under the conduct of beter experience in these polemical affaires . In the interim though I humblie crave the honour and power of your patronage ( wherof from your integritie and constancie in Gods cause & the Kings , I praesume ) , I assume not the boldnesse to constitute your Lordship any partie in the libertie I take , beyond forward expressions , to declare what may be thought some singularitie in my sence . If any small Politician , whose conscience is squared by no religion at all but what plainlie lies in the image-worship of his temporal designes . will be ( which I must looke for to be ) quaestioning the prudence of my speaches , I thanke God he hath no priviledge to give judgement against the sinceritie of my thoughts . I can no longer conceale , My Lord , how much I am troubled to see our Churches diffusive charitie mistaken , the precious balme , which she ever liberallie poured into the wounds of her neighbours , cast by some of their hands like common oyle upon her domestike flames purpofelie to consume her ; And the skirt , she often spread over their nakednesse , cut of , with an unhandsome intent to laugh at her shame , had she not an under garment of innocencie to praevent them . To behold , after so many yeares cantonizing our Religion amongst Protestant Congregations of different opinions , ( reconcil'd in nothing but , or nothing more then in a negative to the Papist ) our selves , in the end , at a sad losse for protection ( or indeed free permission ) from any , now necessitated to seeke it . This makes me so many times in this discourse turne her away from all new names and professions arising whether from protestations or Covenants . to the unconf●…derate Catholike Christianitie among the Ancients where she is sure to have the ●…afest sanctuarie of truth for her doctrine & practice ▪ though she can expect no armed assistance from the dead to maintaine the distressed Members of her communion . If this must be interpreted a schismatical inclination , let me be left in my hold upon the hornes of this altar , while others rise from their knees to sit downe , out of good felloship , at the Tables ; and drinke of all waters they care not what , so draw'n from a cisterne of the Reformed , forsaking or vilifying , for the time ▪ that clearer Chrystal fountaine of their owne . Whereas would they enter , as they are quaestionlesse obliged , an unanimous resolution to demand every where the publike exercise of their canonical devotion , they would either , upon the grant , reape more comfort in continuing the worship of their Fathers , or , upon unworthie denial , more reason to scruple at such a facile conjunction with them , who disclaiming their prayers can not be thought serious when they praetend an harmonie in that faith by which they are exhibited unto God. And ( to put your Lordship in minde of a late instance delivered on good credit ) who maligning our persons , & mocking at our calamities in their Scholes , are very unlikelie so to alter their mindes as to turne their Barbarous reproach into any brotherlie kisse or Christian welcome , when they step but the next doore into their Temples . I confesse , My good Lord , this Magisterial advice may beter become the mouth of some Elder Pastour , who is likelie to have more sheep wandring from his fold then he who can scarce properlie be said to have had any in his charge yet none such , I hope , hath reason to take amisse my modest endeavour , while he is otherwise imployed , to recover those I finde stragling within my call . It being upon due consideration to be feared , that after some few yeares ( if there must be yet more of our miserable dispersion ) with out an universal industrious circumspection of yong and old , as we have broken our pipes , we may throwe away our whistles , and fold up our time with our armes in ae comfortlesse discourse about the flockes we once had which now alas are got into other pastures ; Invite strangers to fight for our Churches while our owne Congregations are instituted to forget the holinesse in the separation of such places , the sacred distance of the meanest from worke-or ware-houses , and the fairest from Piatz'as of pleasure or Exchanges for their bargaines . If what I speake , My Lord , be truth , I shall not hearken to them that may tell me it is misse placed , my conscience suggesting that the climate & season hath too often been heretofore neglected ; If false , I have a spunge as readie as ever I had a pinne to wipe out all but my shame , which shall be set forth , at your Lordships pleasure , in an English sheet , though it never will be brought unto the Scotish stoole to do its penance . In attendance on which sentence , if neither your Lordships approbation nor pardon must be expected , I stoup downe to acknowledge my selfe , aswell in submission to your censure as execution of your commands : MY LORD , Your Lordships Most humblie devoted servant RI : WATSON . D. Hieron . Praefat. in Lib. Esdr. Legant qui volunt ; q●…i nolunt , abjiciant . Horat. — quae nivali pascitur Algid●… Devota quercus inter & ilices ; Aut crescit Albanis in herbis Victima , Pontificum secures Cervice tinget — Dr. Creighton ' s Letter . My dear Friend , Brother , and Fellow-sufferer , Mr. Watson , I Thank you for the confidence you reposed in my integrity and affection to your self , and your cause , that you would permit me to read your Treatise , in ●…heets , before it went to the press ; which I found so well digested in method , so full of ingenuity , 〈◊〉 variety of Learning , so perspicuous , acute and elegant , that I should seem to derogate from your worth , if I added ought to the commendations of your writing . I may boldly say , you have laid your Adversary flat on his back , you have drest him to the purpose : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as the Greek proverb runs in Suidas : When they have caught the Polypus , they ply him with bastinadoes , cudgel his dissembling coat lustily , to make him ta●…e , feed , and grow fat . Yet I am afraid your Noble Instructions will produce no great effect upon that man : Parce labori Nicopompe : non ignorant se errare , nec moniti emendationem promittunt , saith Antenorius to the Author of Argenis in that Book : You might have spared your pains ( good Mr. Watson ) they know they are wrong as well as you can tell them ; but all the earth shall never make them confess an errour , or amend it . And you 'le pardon me that I quote Argenis in so weighty a cause : Similes labra lactucas ; they are more fabulous , and greater liars , then Argenis : and some sleight , prating , finical Nicopompus , I hold a far more proper Antagonist to deal with these men , then you , or any learned grave Divine : For they will say what they please , and maintain what they say , not by strength of reason , but by wilfulness , hate , malice , revenge , and blood : Crede , aut jug●…lum dabis , is their motto , Believe , or I 'le cut thy throat . And were those holy aud primitive Saints now alive , and did read the practises of those men , compared with the innocent passages of Argenis , that draw no bloud , they would infinitely far prefer that airy well-penn'd Fancy before the Acts of their Assemblies , nay even in point of truth : And perhaps posterity , after a while , may be brought to the same degree of understanding and judgement . They are a perverse generation ; and you have took a Wolf by the ears , which you must make account to hold till dooms-day : you must never hope to be free from Bailey's replies , and janglings : They are like the Indian Dogs in Strabo , presented to Alexander the Great , so fierce and pertinacious , that when they once catch hold , Archimedes's Instrument will hardly pull them off , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they will stick and tear , till their eyes turn round in their eye-holes or sockets , and drop out of their heads . And I never yet knew any man go beyond your Adversary Bailey , in sti●…ness , pride , and arrogance : It is much about a dozen years , since he first published his Canterburian self-conviction ; The man had seen some Visions in Trophonius's Den , raptures , and embryo's of his own addled brain , and out he comes to vent them , like Aesop's Ass , jetting in purple : He was now high set in pursuit of same , and , like a valiant Combatant , he enters the field , brandishes his sword , and looks about whom he may dare to take up the bucklers against him ; and scorning to cope with a Pigmee , he challenges no less men then my Lord's Grace of Canterbury , and all the Learned Divines of England ; and much grieved he was in mind , that my Lord's Grace himself would not vouchsafe him the honour to confute him : as if a skie-towring Eagle , or Gyre-falcon , should have stoopt to a Kite or Carrion : I dare say , the least line of that incomparable profound Conference with Fisher , written by that peerless glorious Martyr for the Church of England , is of more weight and worth , then all that ever Bailey did , or shall , compose , to the worlds end , could he live Methusalem's age over and over , and spew out yearly whole Vaticans of Books . And you may see , Sir , to your comfort , he is no changeling ; He is Crimson died in grain : Hyaena follicat , & non mutat pellem ; the Hyaena will double , and falter , this way , and that , yet still continue an Hyaena . He had done with my Lord's Grace of Canterbury long ago , and it was time , when he and his complices had brought him to a scaffold : But no sooner had my Lord of London-Derry appeared in publick , though with some short avisoes to beware their villanies , but Bailey will have at him : Who but Baily ? the great Kill-cow of the North ? that unappall'd Champion ? that Goliath of brass ? that confounder of Bishops in England , Scotland , and Ireland ? He startles , and stares about , at the very name of a Bishop reels , frets and fumes ; it is more odious to him then a Turkish Mufti , it rides him like an Incubus , or Night-mare , he cannot rest or sleep for it . I could not choose but smile , though with much indignation , to mark his saucy impertinent haughtiness : In the very Frontispice of his Book , how unreverently he calls my Lord Bishop , Dr. Bramble , Late Bishop ; as if his Lordship were not now what before he was ; as if his Order could be cancelled by popular suffrages , ●…s the waspish Puritan thinks fit to rise in Arms , and teach their mis-led rabble to cry No Bishops , no Bishops ; as if they could be pulled down , and set up , at mens pleasure , as in King Iames's minority , like a Weather-cock in the wind , to wave on the loose hinges of State-Interests ; to rise and fall with ebbs and tides of popular insurrections . Dr. Bramble , late Bishop ? How late , Bailey ? What hath the Bramble scratcht you by the face , that you so wilfully mistake his name ? You impudence ! And who made you Priest , good Nehemiah ? Had you imposition of hands ? Episcopal benediction ? And when I pray began his Lordship to be no Bishop ? from the General Assembly at Glasgow , Novemb. 38 ? Indeed from Christ , to the holy Vigils of that Assembly , the whole Christian world held it a sacred Order ; the next day after that Assembly , they proclaimed it Antichristian , and annull'd it . And who gave you or them that Authority ? Mercy God! in one night to blast that Order , and turn it Antichristian , which over all the world had stood Christian 1600 years before ! O nox quam longaes ! It is madness to imagine it . I am persuaded in my Conscience , and will live and die in that Faith , let all the Puritans in Christendome prate , and preach , and scribble what they please to the contrary , That all the Kings , and Princes , and Parliaments , and Assemblies in the world , have no jus●… power to abrogate that Order . Bishops are the Apostles immediate Successors ; have a Divine Right in Christ's Church , from Christ's Apostles , as great as Christ's Apostles could give them , or Christ give his Apostles , or God the Father give Christ : Sicut me mi●…it Pater , sic ego mitto vos . And where had Priests been all this while ? how had they appeared ? how been distinguished ? how known from Hereticks and Schismaticks , down through so many ages , if they had wanted Bishops in a clear Succession still to regulate and ordain them ? But things are turned topsie-turvie in these barbarous tumults and combustions ; the Son hath supplanted the Father who begat him ; the Priest unthroned the Bishop who made him , and mounting his saddle , like a proud Usurper , furiously spurs on , to make good that Proverb , Set a Beggar on Horseback , and he 'l ride to the Devil . What blood and murder ? what treasons and rebellions have overflowed the World since these tenets were first broached ? Instit. 4. cap. 2. 5. 2. No succession from the Apostles : No succession of Bishops . Instit. 4. cap. 3. 5. 4. Onely 5 Orders in the Church , Prophets , Apostles , Evangelists , Pastours , and Doctours : whereof the three first moment any , and for their own times . Instit. 4. ch . 3. 5. 8. Bishops , Priests , and Pastours , all one . Instit. 4. cap. 4. 5. 2. Bishops chosen by the Priests themselves , upon humane consent , and for occasion . Instit. 4. cap. 4. 5. 15. Bishops gave no Ordination ; onely because they sat first among the Priests , Ordination was falsly understood to be the Bishops . Instit. 4. cap. 11. 5. 1. That the power of the Keys , and Spiritual Iurisdiction , rests in a mixt Company of Lay-Elders and Priests . Instit. 4. ch . 10. 5. 3. That no external Law made by the Magistrate can bind the Conscience . Instit. 4. ch . 20. 5. 31. That the Inferiour Magistrate ought , by vertue of his place , to call the Supreme Magistrate to account , and punish him severely , cut his head off ; if the inferiour ●…onnive or spare him , he must be held as a perfidious traytour for betraying the Peoples Rights and Liberties . These , these , Sir , have been the bane of Christianity , and ruine of the Church of England : And though , to our great grief , these have took fire in our times , and produced more sad an desperate effects then heretofore , because the Prince of the Air is more powerfull , and vigilant to increase his Kingdome now , toward the near approaching consummation of the World ; yet formerly extravagancies have been maintained as pernicious as these : Iohn Wickliff was a far more dangerous and sturdy Traytour then he . Many have raised paradoxes of di●…efull consequence ; but never did any attempt , by an universal defection , to dissolve all bond of Loyalty and Obedience to God and Man , as Wickliff did . That God was bound to obey the Devil . That Churches adorned , were Synagogues for Satan . That Bishops , Deans , and Doctours , were the Hierarchy of Antichrist . That there was no Sacriledge . That Kings were bound , on pain of damnation , to take away all means of livelihood from a Clergy that mis-spent it . That any Tyrant might be slain , lawfully , and meritoriously , by any man , or any Subject , notwithstanding any former Oath , and uncondemned of any Iudge . That God could give no Hereditary Succession to any King , for Him , and his Heirs . A King was no King , that committed mortal sin ; nor any sinner , a just possessour of any thing . These Assertions Wickliff boldly preached , not in close Conventicles , but publickly , and printed them , in Edward the Third's declining dotage , I may say , upheld by the greatness of Iohn of Gant , and Piercy Earl Marshall of England , against the Prelates and Clergy of those times , whom the Duke infinitely hated . And for these , Wickliffs bones were burned , 30 years after his death , by a General Council held at Constance 245 years ago . And would God his Doctrines had burned with him , and been buried in utter darkness , for then we had not now wandered , like forlorn Pilgrims , upon the desolation of the most glorious Church that ever shone in Christendome : we had not seen what the Sun yet never saw , our Kings scaffolded , the Crown of England trampled under foot , the Royal Race undone and scattered , our Reverend Bishops , and Learned Men , abused and baffled by every insolent , stinking peasant : For though , at that time , those hollow-hearted Lollards , and their abettours , fell short of their aim and expectation , by the matchless sword of Henry the 5th . England's undanted Mars , and the learned Pen of Thomas of Walden his Confessour , into whose bosome that mirrour of valiant Monarchs breath'd out his innocent soul ; yet now they have hit us home to the quick . A torrent stopt will make way through hidden channels , bu●…st out at another time , in another place , unlooked for : We feel it now , Bohemia felt it then , by means of some Gentlemen of that Countrey , Students in Oxford , who conveyed Wickliffs Books home with them to Prague , which Iohn Huss published in High Dutch , another jovial John of the same stamp and race , burned alive for Wickliffs Doctrine , the next year after Wickliffs bones , by the same Council : And what Wars that caused , what inundations of blood by Zisca and his Taborites , through the whole Reigns of Wences●…aus , and the renowned Sigismund , no age shall ever forget , or parallel , but ours , whose impiety will transcend as far the belief of posterity , as now it surmounts all by-past Examples . God keep my soul from these muckle mawn Iohns , and their ways , these Iohns of all Iohns : I protest , I never read their Books , or think of their devices and stratagems , without horrour and amazement : Obnubilo animam , as that African spake , & sto ut fulguritus , aut sacrum bidental . And therefore , Mr. Watson , I pity you above all men , who , since you have undertook this business against Bailey , have been forced to lay aside your Noble Studies , the Holy Fathers , and History of the Church , to rake in mud , and dunghils ; to plunge in quagmires full of croaking Toads , and hissing Setpents , Covenants , Oaths , Perjuries , Assemblies , Reformations by blood , Knox and Buchanan , Consarcinations of trayterous plots , masses of untruths and lies . But you have play'd the man , and I must ever love and honour you , for your excellent Learning , for your pains in this cause , for your unshaken constancy to the Church and Crown of England , for your perpetual Industry at your Book , and for your unspo●…ed life and conversation : Of all which as I have been an eye-witness , these five years and upward in our exile ; so shall I ever be ready before God and man to attest them with hand and heart , and to write my self till death , From my Chamber at U●…recht , in the very Id●… of December , 1650. SIR , Your unfained , affectionate Friend , Brother , Fellow-Sufferer , and Servant , ROB. CREIGHTON . TO THE READER . I Am necessarilie to advertise you , That if you be notvery conversant in the R d Bishops Warning and his adversaries Review before you enter upon my replie , you will in the end be as unsatisfied about the true state of the controversie , as all the way offended at the incohaerence of the paragraphs or periods in the booke , there being , to ease the Printer , not much to advantage me , very litle inserted that mine relates to , which notwithstanding is penned as if you had the other perpetuallie in your sight . The credit I claime to have given to several historical circumstances of a Countrey , which I yet never saw , wherewith I could not be furnished from printed bookes , is upon the sufficient assurance I have of the fidelitie and abilitie in such persons as are natives , whom I consulted as oracles in many cases , and received their answer in no darke ambiguitie of words ; But layd downe positivelie in their papers , which if their indifference had been the same with mine : I should have published with their names , whereby to put out the envious mans eye and keep curiositie from a troublesome impertinencie in enquirie . I shall make no apologie at all to you for my engagement in the dispute , having allreadie done it where more due . I shall brieflie this for some tantologie , much indecencie and levitie in my language , Desiring the first may be imputed to some necessitie I was cast upon by the Reviewers frequent repetitions , and some difficultie to recollect what expressions had passed from me with the sheetes , most of which I was to part with successivelie as I pennd them at several distances of time and place reteining no perfect copie in my hands . The second is that dirt which did sticke like pitch unto my fingars while I was handling the fowle Review , and so hath defild my booke . The third came from no affectation to be facetious , for which I am litle fitted , yet thought I might as well sport it as a Divinitie Professour in his chaire , who having it seemes , made hast to the second infancie of his age , or reassumd his first , would never , it may be , have been at quiet , unlesse I had rocked him in his cradle , or play'd a litle with his rattle . The strange misse-takes many times introduced by his ignorance of our tongue that in my absence praepared all for the presse are rectified with references to the pages where . Which amendments in favour of your selfe aswell as justice unto me should be at first transplanted to their several colonies by your pen. The Greeke leters that have lost their grace by the Latin habits wherein they are constrained to appeare , being crowded here and there out of all significancie and order , & so left at large , have their authoritie made good to the full sense of the commission they brought with them , every where by the English Interpreter or Paraphrast when you meet them . Which intimated , I have no greater courtesie to crave from you , if one the Revievers impartial and aequitable comparers , then to hearken to truth and reason , and to signifie what you finde here dissonant from either , which I promise you shall be acknowledged or amended Adieu . Your s R. W. A Table of the Chapters . CHAPT . I. THe Scots bold addresse with the Covenant to K. Ch. 2. Their partie inconsiderable . The Bishop's method , language , and matter asserted . The quaestion in controversie unawares granted by the Reviewer . Page 1. II. The Scotish Discipline overthrowes the right of Magistrates to convocate Synods , and otherwise to order Ecclesiastical affaires . 10. III. The last appeale to the Supreme Magistrate justifiable in Scotland . 41. IV. Seditious & Rebellious Ministers in Scotland seldome or never censured by the Assemblie . 47. V. The Discipline exempts not the supreme Magistrate from being excommunicate . 57. VI. Kings may sometime pardon capital offenders , which the Disciplin●…rians d●…nie . As they do their Royal right to any part of the Ecclesiastike revenue . 59. VII . The Presbyterie cheates the Magistrate of his civile power in ordine ad spiritualia . 65. VIII . The divine right of Episcopacie beter grounded then that pr●…tended in behalfe of Presbyterie . 93. IX . The Commonwealth is a monster when Gods Soveraignite in the Presbyterie contradicts the Kings . 113. X. No concord between Parliament and Presbyterie . 116. XI . The Presbyterie cruel to particular persons . 124. XII . The Presbyterie a burthen to the Nobilitie , Ministrie , and all Orders whatsoever . 130. XIII . The Bishops exceptions against the Covenant made good , & this proved . That no man is obliged to keep it who hath taken it . 176. AN ANSWER TO THE EPISTLE DEDICATORIE HAd Mr. Baylie contein'd himselfe within the limits of an Epistle , I had there left him to canonize his Living Lord & all his familie , & with what dexteritie he pleas'd to rubb his honourable head piece into a good conceit of his Review . But since the great Diana in his booke , so gloriouslie bespangled with the counterfeit Alchy●…ie of the late Scotish Storie , is lead hither to be magnified by any superstitious inadvertent reader , & his Lordships hand made use of onely to hold the candle , by the false light of his name & pretended vertues the better to commend Her Godesse-ship to publike view ; I can not passe by without looking in to see the sight , & spend my verdict upon the motions that attend it . And that His Lordship may not be mistaken to stand altogether for a shadow , I first cast my eye upon the potent Lord Iohn , & must plainly tell his admirer Mr. Baylie , he had better deserved the honour of this title , if he had imploy'd his power , as he was in dutie & by oath oblig'd , in the vindication of His Majestie , & His Royal Father , of ever blessed memorie , as he hath most dishonourablie & impotentlie against them both . Nor is it much for his credit in the head of this Epistle to be styled one of His Majesties Privie Councel , & in the heart of His Kingdome to be one of the publike conspiracie against him , of a Lord justice general to become a special Injusticiarie in his countrey . The Reviewers long experience of his sincere zeale , &c. argues him to be none of the late illuminates , & gives us some hopes the he hath proceeded upon the dictates of his conscience , though unhappilie erroneous : long habits though at first contracted by the perversenesse of the will , by perpetuitie becoming very efficacious in imposing fallacies upon the understanding , so that he which doth ill may hereby be aswell perswaded that what he doth is good , as he that often tells a lie hath at length himselfe believ'dit to be a truth . His rigid adhaerence to the praetended rights & priviledges of his Countrey being professed haereditarie , takes off some what from the personal imputation , yet with all demonstrates that it is not all bloud Royal which runnes in His Lordships veines , nor it may be all bloud Noble , having so ample testimonie from him , who had allwayes some dregs of the Common shoare in his inke & whose power is cankerd with envious invectives against them , that have not layd their honour in the vulgar dust , & levell'd Majestie as well as Nobilitie with the people . Whose Ghost will not thanke the Reviewer for calling him , Prince of Historians , being so litle enamourd with titles of that nature , that he accounted them , where they were more properlie due , a the filth of flaterie , & the plague of all legitimate praerogative . His exemplarie practice in publike-private duties is indeed some what singular , my selfe having seen him very zealouslie penning downe such slender ( to omit what I might call in the Reviewers language praeter b & anti-scripturall ) divinitie , as was not fitting for any Novice or Catechumen in Religion to owne , much lesse for so grave a Theologue to preach , & so well exerciz'd an adultist to register for his use . I commend beter the exemplarie practice of the Reviewers brother Presbyter , who seem'd to take a sound nap in the meane time , hoping , it may be , to be better inspired in his dreame . This c potent Lord , thus qualified & brought up to his hand , I can not blame Mr. Baylie for chusing him to be his patron , ( who discernes with his eyes & decernes by his dictates ) who being judge & partie , both will quaestionlesse doe right like a Lord Justice in the businesse . The d praejudice the Reviewer would here at first cast upon the person of the Bishop will advance his owne reputation but a litle in high way Rhetorike , not advantage him one whit with any of those judicious & aequitable comparers he expects ; who being able to instruct themselves , upon these many late yeares experience , that what Mr. Baylie calls that Church & Kingdome is onely a praevalent partie of Schismatikes & Rebells , what adhaerence to the sacred truth of God an obstinate perseverance in an execrable covenant , which hath tied up the hands of many a poor subject from the enjoyment of all the just liberties the established Iawes of Scotland hold out to him ; will looke upon the Bishop as a couragious assertour of Gods truth , the Churches puritie , the Kings supremacie , the subjects libertie , & if for that condemned by an unanimous faction in both Kingdomes , will commend his zeale , reverence his name , and ranke him with the prime Fathers of the Church , who so soon endeavoured to stop that deluge of miserie wherewith Britanie & Ireland have been most unhapilie overwhelmed . For the dirtie language he useth here & otherwhere extreme sawcie spirit , stigmatiz'd incendiarie , &c. I desire the Reader to take notice I shall sweep it out of his & my way , yet if he thinkes it may serve his turne , as well as the garlike heads did Cario & his master in the Comoedie , the Printers boy shall throw it by itselfe at the backe side of my replie in a piece of white paper , that he may not fowle his fingers . What the Reviewer calls Boldnesse was prudence & seasonable caution in the Bishop to praesent his booke to the eminent personages & in this place , observing the indefatigable industrie of Mr. Baylie & his brethren of the mission , very frequentlie in their persons , perpetuallie by many subtile & active instruments they imploy'd before & after their coming hither , insinuating into the hearts & affections of all people here , of what sexe or condition soever , in Courts , Townes , Vniversities , Countrey , praepossessing them with the Justice of their cause , the innocencie of their proceedings , the moderation of their demands , the conformitie of their practice & designe to the praesent discipline & Government of the Church & presbyterie in these Provinces . And great pitie it is that all people , nations & languages have it not translated into their owne dialect , that a discoverie of this grand imposture may be made to them who are so insolentlie summon'd to fall downe & worship this wooden idol of the discipline , & threatned the aeternal fierie furnace if they refuse it . In the next Paragraph the Reviewer drawes Cerberus like his threeheaded monster out of hell , a Discipline , Covenant , & unkindne's to our late soveraigne . — [ b Novos Resumit animos victus , & vastas furens Quassat catenas . ] — HIs c Apologie for the first , being the conformitie I mentioned principally with the Brethren of Holland & France , whom he would very faine flater into his partie , & make the Bishop whether he will or no fall foule upon them , whom His Lordship : hath scarce mentioned in all his tract : And I having no reason nor desire to enlarge the breach shall say no more then this , ( because some what he will have sayd ) That if their discipline harmoniouslie be the same particularlie in those extravagancies His Lordship mentions , ( which to my knowledge they denie ) & for alleging which , they are litle beholding to Mr. Baylie , they are all alike concerned , yet having as learned Apologists of their owne , when they finde themselves agriev'd , will in their owne case very likely speake their pleasure . d In the interim I must require his instance where any Reformed Church hath declared regular Episcopacie which we call Apostolical , Antichristian . What particular persons of Mr. Baylies temper may have publish'd must not passe for an Ecclesiastical decree . And if all , even in those Churches he mentions , might freelie speake their minde , I believe that order would have their Christian approbation as it is in any reformed Countreys established . e some such relation was made not long since about certain Divines of the Religion in France , & some that came from other parts to the Synod of Dort. And I can acquaint the Reviewer with the like piece of charitie bestowed by P. M●…lin in the letters , that passed from him to Bishop Andrewes , beside what Mr. Chillingworth ( as I take it ) hath collected out of him & Beza in favour both of name & thing , though not to the same latitude we extend them . And ( which will not be alltogether impertinent to adde ) I doe not remember I have heard that Causabon & Vossius , no obscure men in the French & Dutch Churches , were at any time by their presbyterie excommunicate for becoming limbes of the English Antichrist , Praebendaries of the Archiepiscopall Church of Canterburie with us . But if the Reviewer here begin to cant , & distinguish between Episcopacie & Episcopal declinations , ( for that indeed is the expression that he useth ▪ I must ingenuouslie acknowledge that there may be some practicall declinations in Episcopacie which may be Antiapostolical & Antichristian , beside & against the line of the Word , the institution of Christ & his Apostles ; but I know none such in the Churches of England , Scotland , or Ireland , if there have been any they are not our rule , & by his owne then must not be stated to be the controversie between us . The Presbyterian aberrations which the Bishop hath observed , are for the most part taken from the crookenesse of the Discipline it selfe , which in the very Acts of their Assemblies , he findes not so straight as to run parallel with the word of God , or practice of the true Catholike Church , & whether what His Lordship cites to that purpose be calumnious imputations or no will best appeare in the procedure of our discourse . But the Reviewer takes it ill that Didoclave , Gerson , Bucer , Salmasius & Blondel were not rather replied to , then the mysteries of the Kirke Discipline revealed . This poor tricke of diversion will not take . If what hath been writ in the behalfe of Episcopacie stand firme notwithstanding these or any other stormes that passe over , it requires no such frequent reparations . The holie cause indeed will shortlie need such auxiliaries as these . He doth well therefore to call for them in time . a And yet it may be the imcomparable knight will not be charm'd by a litle mercenarie breath into the reare of a distressed beggarlie engagement . He hath been since better informed of many fraudulent practices in the Kirke , & so well satisfied about the state of our affaires , that Mr. Baylie is litle pleased ( for all his sugar candi'd commendations ) with the earnest he hath allreadie given to imploy his pen & paines about a better subject for the future . And 't is a mere fiction , what he so confidentlie averres , of b Sr. Claud Somayi's offering to dispute with the Divines by a Person of honour about the King , a person of reverence , then not farre from him having told me that His Majestie knowes not any thing of the buisinesse , nor did the Divines about him heare of any thing to that purpose . Therfore let his person of honour come out from behind the curtaine , & vouch his credit to be such as quolibet contradicente we must believe him : when he appeares in his colours & makes good any such offer as is mention'd , I presume I may say that no apprehensions of trouble & hazard will de●…erre such judicious and learned Champions from entring upon any just & reasonable vindication of truth . In the meane time they doe but the dutie of their places in their Royal attendance ( which the Reviewer calls the Court artifice & their trade ) if they watch the seasons & distribute the houres of the Kings opportunities , wherein priva●…elie ( to avoyd the importune intervention of other civil●… businesse , not to decline I know not what contradiction , which they are not in that case reasonablie to expect from their modest fellow servants of the laitie , & I hope there are no Clerical Disciplinarians there about ▪ to instill into His Majesties tender mind how unsafe it is for his soul , & how litle for his honour , to desert the Holie Church , that is the Episcopal doctrine & government which came into the world with Christianitie it selfe , hath for 1500 yeares enjoy'd a joint haereditarie succession , & aequi-universall diffusion with the same , to joyne with a crew in a Northerne corner of rebellious Covenanters , if yow will have it so , for ought hitherto can be judg'd enemies to God , to his Father , & to Monarchie it selfe , if he will take it upon his Father or Grandfathers word . To put him farther in mind that his Martyr'd Father sayd , There are wayes enough to repair the breaches of the state without the ruine of the Church , ( it is the Episcopal Church that he meanes ) To instruct him that he may as conscientiouslie pardon the Irish as the a Scots , & reward with a limited libertie of their Religion ; & what other gracious encouragements he pleaseth , the first fruits of their voluntarie submission to his government , without imposing the slaverie of any covenant , or conditioning for a toleration in his other Kingdomes . And this to be ( as it is ) in reference to a Parliament to be conven'd so soon as the state of that Kingdome will admit . To assure him that this is very consistent with conscience , honour , b & all Good reason , & for ought they know , repugnant to no law , yea , to linke the soul of the most sweet & ingenuous of Princes ( too sweet , too ingenuous indeed to have to deale with the rough-hev'd Covenanters of the mission ) with those c Golden chaines let downe from heaven , & reached out by the hand of a tender hearted father to his sonne , in those peerlesse Counsels which the most prudent advice in the last Testaments of all his praedecessours can not parallel . To tell him then , That his necke d is like the ●…ower of David , builded for an armourie , whercon there hang a thousand bucklers , all shields of mightie men . The Bishops e unluckie foot , as he calls it , is visible onely in Mr. B●…lie's margin , As close as he & others follow upon the sent , not the least tracke in e'ikôn Basilikè will in the end be found by them , nor by the whole packe of bloud-hounds other where . But to be sure here as well as in 100 Pamphlets beside is the foule Scotish Presbyterian paw , which besmear'd His Royal Majestie while he liv'd , & would now spoyle that pretious oyntment , & cast as ill a savour as it can upon his sacred memorie being dead . Not the Bishops , f but God , it may be sometime by their subordinate Ministrie , strengthened our Royal Soveraigne to his last , in that which the lampe of natural reason , the leading starre of Catholike Antiquitie , the bright sun in the firmament of the Word & above all , that inexpressible light streaming from the spirit of God revealed to him to be the safe sanctuarie of truth . Not the Bishops , but the a Presbyterian Scots hardened their hearts to thrust their native King out of their protection , & with out any compassion did drive him from Newcastle to b Holmebie , which appeares to be the fatal praecipice where he fell . And these same men continue after his c death to crie loud in the cares of his sonne to take that direct path to his ruine , ratner then root or branc●… , or slip shall be left of the Praelatical Clergie , whom they would faine have lie like dung upon the face of the earth , & make a fat soile to pamper the Presbyterian in his lusts . Their d gathering together His Majesties papers , ( if they must needs have the honour of causing them to be presented in a booke , with out a page or syllable of their owne ) was but binding up that bundle of myrrhe which should lie all night in the Virgin breast of his Royal sonne , who maugre all the malice of his enemies , hath that beloved for his comfort . That fall e of ungracious dew , as the Reviewer Diabolically calls it , came from an higher region then the Bishops . It was the judgement of God given to the King , & by him his righteousnesse to the Kings sonne . It is he that here comes downe like raine into this fleece of wool , this most soft , sweet , & ingenuous of Princes , & in gentle drops waters that pretious piece of red earth by his praecepts . And may this dew so prosper with him , that the f following words may have their accomplishment in his reigne . In his time may the righteous flourish , & abundance of peace then & afterward , even so long as the Moon endureth . May his dominion be ( as it ought ) from the one sea to the other , & from the floud to the end of that alter orbis , that litle world of his Kingdomes divided by the floud from the greater . May they that dwell in the Wildernesse of errour contest no longer , but kneel before him & his enemies licke the dust of his feet . But by the way 't is worth g the readers observing , & however causelesslie praejudiced , may invite him to be conversant in that most excellent booke , which in the midst of that gall that drops from his pen , whose heart & hand were bent to blot it out of the opinion of men , hath by the providence of God such a Chrystal streame of commendation to the world , for Elo●…ution , Reason , Devotion , for Imitable essayes of piety , wisdome , patience , & every vertue confessed ; And he that will not be swayed with one word without reason , hath his Majesties sense from the mouth of his enemie , about the danger of the Covenant & the faction that stands for it , And may take it for the timous burning of a dying martyr , & have a care that among too many serpents & so few doves , his innocencie be not swallowed with the rest . What followes may be worth His Majesties notice , h being the assertion of no other man then Mr. Baylie , not long since a pretended commissioner for the Covenant . That the same hand that penned the 27 th . Chapter in the booke entituled Eikôn Basilikè , ( which he calls Episcopal , but His Majestie knowes very well to be Regal ) did it on purpose to separate him for ever from all his covenant subjects . And how a neare that came to the heart , language , & writings of our late Soveraigne , let them who were best acquainted with his cariage & most intime affections at Newcastle & in the Isle of Wight speake their conscience . For the two former we have more auth●…ntike care testimonies then the Reviewer , & the last is demonstrative out of all the papers that passed from him . To lay aside for the time those against which Mr. Baylie is , more maliciouslie , then ignorantlie , praejudic'd . His severall b printed letters to Mr. Henderson speake his sense about Presbyterie at Newcastle , & some what more at large may in due time , what he thought of it at the Isle of Wight . These , with other undeniable evidences , may render the Reviewer a mere Sceptike , if not rather a knight of the post unto the world . How it concernes Kings when they take in hand Pallas targe●… to have the face of c Episcopacie on the bosse , King Iames that had most of her wisdome , could best tell . The experience whereof being too deare bought by his Martyr-sonne , & commended in his Testament to our Soveraigne , the Praelates need not take up the old statuaries cunning to contrive it . To be sure d this both Perseus , or Presbyter , here paints a Gorgons head , on every page of his booke , & twists every line with a serpent , hoping to make stones & stockes of his readers , who must submit to his authoritie in silence , & stand fixt in what antike postures he assignes them . What ever some may doe out of ignorance & weaknesse , we hope the providence of God will keep the King out of the Scotish Presbyters hands , & the breath of his mouth blow all such flies & lice out of his quarters . And thus much shall serve by way of answer or paraphrase upon what the Reviewer hath brought in apologie for the Discipline of the Kirke . In the next place he becomes a nimble e advocate for the idol worship of the Covenant . Where I am glad to finde him acknowledging any such thing as reason fram'd by the Vniversitie of Oxford against it , having , not long since , heard this confident averre , ( without a blush as I take it ) in his chamber-conventicle at the Hague ( where not any one that was present but knew what he sayd to be most notoriouslie false , except a poore sillie creature or two that might be decoy'd in upon designe ) That not any thing hitherto had been objected against the Covenant , whereas he could not be ignorant then , more then now , that this , with many other learned & rational tracts , had been long since published against it , & for ought I know must stand unanswered to this day . Which affected ●…alsitie so amused me & others at that time , that had not some prudential motives restrain'd us , we must have offered him some affront in the place . And at this it so praejudiceth me against his credit , as I beleeve not a line in his booke for which he brings me no beter authoritie then his word . What he spake then he hath much adoe to refraine from printing now , onely mollifies f it with his canting about the mater . To this day , he sayth , no man hath shewed any errour in the matter of the Covenant . I am sure not any clause in its literal or mystical sense hath escap'd the discussion of those acute Antagonists it hath found : & what this chymical matter should be , that is of so subtile an extraction , I can not guesse . For the forming & taking it he praetends a necessitie their adversaries imposed which necessitie was nothing else but their owne just icalousies & feares that an uncertaine multitude , the necessarie instruments , & indeed sole slaves to doe the worke , could not be kept constant to the cause with out the awfull superstition of an oath . Which false fire is pursued with a thunderclap from the pulpit , whence damnation's daylie threatned to the infringers . And being thus driven into an airie castle which these engineers have fortified by the Mathematical subtiltie of their words , he sayth , neither fraud nor force shall reduce them , for they feare forsooth the oath of God. Which God is no other then that Baal Berith , that Jupiter Foederatus , to whom the Israelites made a shamefull defection after Gidcons death , Judg. 8. 33. ' Ethckan e'autoîs tòn Báal diathéken , so the septuagint renders it . They set up to themselves Baal the Covenant that is the false God or Devil of the Covenant . And yet this Mirio puts it to the quaestion , & seemes to wonder Why any that love the King should hate the Covenant , the whole designe & practice of which hath been so apparentlie destructive to his Royal Father & all the loyal subjects that he hath . Nay with all it is too well known , how many true a lovers of the King , but too deceitfull lovers of themselves , who , through feare or covetousnesse , hoping to praeserve their estates & liberties , have been cosin'd into this courteous Covenant , & then by their jealous or wanton masters , have been stript naked , turnd out to beg their bread , & regaine their souls & credit as they could . So that this straight tie can in some cases we see play fast & loose , & the strictnesse of it , whereof we have had so sad an experiment , will be found onelie by the hands of the holie leaguers ( for such we know were the newnam'd Independents at first ) to bind Religion , Majestie , & Loyaltie to the blocke , & then lay the axe to the root of them all , & stifle them from repullulating if they can . Therefore they that manage the conscience whether of Court , or Citie , or Countrey , doe well if they possesse their Religious votaries with a particular full sense of the inevitable miserie that will follow them if they be catchd in this noose & advise them to whip all such sawcie beggars , such Whying Covenanters from their gates . The next taske of the Reuiewers Engineer-ship is to draw an out worke about the open b unkindnesse ( treason pretilie qualified in the terme ) against the ( observe he sayth not our ) late King , which he makes of so large a compasse , that all the Presbyterian credit he can raise will never be able to maintaine it for an houre : which this skillfull officer foreseeing , despaire puts him first upon a salie , where the Ghosts of Wick●…iffe , & Husse , & Luther , & with a brazen piece of falshood , his Disciples are draw'n out to assault his dangerous enemie in his trench . For ( which he knowes c as well as I can tell him ) there are other parts of the Reformed world beside England , & those of Luthers Disciples , that keep up Episcopacic d to this day . And forgetting in part what he hath sayd allreadie & minding lesse , what he shall b●…bble otherwhere about the businesse , he tells us here 't is the violence of ill advised Princes , which when he pleaseth , he makes the Policie of the Bishops themselves that hath kept up this limbe of Antichrist , he meanes the Episcopal order in England . Since the first Reformation whence hath come the perpetual trouble in our land the Historie of the Schismatical Puritan●… will sufficientlie satisfie any man that will search . And how the Church & Kingdome are now at last come so neare the ground the Disciplinarian practices will evidence . But the Scotish Presbyterie that gave the first kicke at the miter , & hath since lift up the other leg against the Crowne , may chance to catch the fall in the end , having now much adoe to light upon its feet . Having a made his ●…ecreat he begins to endeavour the maintaining of his masterpiece by degrees , & tell us , Their first contests stand justified this day by King & Parliament in both Kingdomes Ans : And must so stand , I say not jufied , till King & Parliament meet once againe in either to consider , whether with out a new ratification by their favour , your after contests make not a just forfeiture of their gracious condescension to your first . His Majestie of ever blessed memorie hath told you His charitie & Act of Pacification forbids him to reflect on b former passages . Which argues some such passages to have been as were not very meritorious of his favour . And though his Royal charitie may silence , it doth not justifie your contests by that Act. The borders of Scotland being as well His Majesties as yours ( though you keep to your Presbyterian c style , which affords no proprietie to others then themselves , & yeilds very litle communitie to Kings , the King , our borders ) I hope it was free for him to move toward them as he pleas'd . If your resistance to the Magistrates he deputed made him for the securitie of his person come attended with an armie for his guard ; or if the rod & axe could inflict no paenal justice by vertue of the judge's word upon a banded companie of miscreants at home , & therefore sent abroad to crave the regular assistance of the sword ; no lawes of God nor your Countrey dictates any just or necessarie defense , which is nothing but an unjustifiable rebellion : Nor can Dunce law d so justifie your meeke lying downe in your armes , but that , if the King would have made his passage to you with his sword , you might have justlie been by a more learned law helpt up with a halter about your necke . The novations in e Religion were not such a world , but that two words , Liiurgie & Canons may compasse it . What was in them contrarie to the lawes of God hath a blanke margin still that requires your proofe , & that any were to the lawes of your Countrey will never be made good , having the King & Lords of the Counsel , I meane those of your Kingdome that did approve them . The power in f your armie to dissipate the Kings is but a litle of Pyrgopolynices breath . The easie conditions given you to retreat may be attributed to His Majesties mercie & aversenesse from bloud , not to his apprehension of your power . The Kings second coming toward you with an armie a was upon no furious motion of the Bishops , who had no stroke in his Councel for warre , but upon the fierie trial you put him to by that many flagrant provocations , wherewith you & other incendiaries nearer home daylie environ'd him , who fearing the precedent accommodation by peace might afford respite for a farther more particular discoverie of the principal actours in & contributers toward the late warre , & expose many considerable brethren to a legal trial , notwithstanding the agreement contracted ; impatient ambition having allreadie been too much impeded by observing the easie conditions you mention made the first breach , & according to the right account first rais'd a militarie power , which His Majestie had very good reason to suppresse . The successe you had by your first impression upon part of His Majesties Armie at New-bourne , & your easie purchace of the Towne of New-Castle was not such as cleard the passage to London , b without the farther hazard of which you were too well payd for your stay in Northumberland , & instead of a rod that was due , you caried too honourable a badge at your backes of His Majesties meeknesse , when the second time you returned in peace . What passed after your packing away c to the raising of the new armie you speake of you may reade & blush , if you have any grace , in the former part of His martyr'd Majesties booke , if you have none , you may , as I beleeve you doe , laugh in your slovenlie sleeve to see your prompt scholars come to so good perfection , & copie your owne rebellion to the life . The Bishops then were litle at leisure to looke abroad to any such purpose , being happie if they could get an house for their shelter from the threats & stones that flew very thicke about their eares , the rabble rout at London by that time being well inform'd what effectual weapons stones & stooles , & such like as furie on a sodaine could furnish , had been against blacke gownes & white sleeves at Edenburgh before . That any armie could at that time be raised , when the Kings d Forts , Magazines , Militia , Navie , were seizd into the hands of your Rebell brethren , was a special marke of divine providence cleare in so happie successe , as he that ran might then have read their ruine writ by the fingar of God had nor the blacke cloud of our sinnes eclips'd that light , blotted out that handwriting , & shour'd downe vengeance upon our heads . That such earnest & pitifull entreaties e should be made to strengthen the arme of flesh , by Gods people , in Gods cause , after such divine revelation that this was the appointed time wherein Christs Kingdome was to be exalted on earth , that the Saints should flourish , laugh , & sing at the downefull of that man of sinne , &c. Is a note me thinkes that spoyles all the harmonie of the rest ▪ That upon such earnest entreaties the Scots f were oblig'd to come in is not to be found among all those easie conditions made & their double former returning in peace . Their feare of a third a warre to passe over their brethrens carkasses to themselves is a strong argument of their guilt , that their advise & some other assistance had passed over the late agreement made between His Majestie & them to promote that horrid rebellion against him . That so many intercessions b with the King for a moderate & reasonable accommodation had been used by them , was a relique of Poperie they kept notwithstanding the reformation they had made , & they did truely supererogate in that worke , no law of the three Kingdomes ( I take it ) making them umpires between the King & his subjects , nor is it yet revel'd to the world what divine authoritie they had ( as was pretended in their Remonstrance ) to come in the name of our Lord & Master c Iesus Christ , to wa●…ne the King that the guilt which cleav'd so fast to his throne & soul was such , as if not time●…ie repented would involve him & his postcriti●… under the wrath of the everliving God. For how moderate , how reasonable d accommodation they mediated appeares in the 19 propositions , to the substance of every one of which their unreasonable brethren adhaered to the end . That they were at any e time slighted & rejected is a mere calumnie of the Reviewer ' , he would have told us when , & where , if he could . That al they ask'd was not granted , f was upon unanswerable reasons , which His Majestie render'd in his publike Declarations about the Treaties , &c. That they & their fainting g brethren were so easilie perswaded to enter into a Covenant together is no great mervaile , His Majestie tells them . Solemne leagues & Covenants ...... are the common road used in all factions & powerfull perturbations of state or Church ..... by such as ay●…e to subdue all to their owne will & power , under the disguizes of holie combinations . The expresse articl●…s in the Covenant , for the pr●…servation of Royaltie , &c. are spun so fine , & woven so thin , as that white vail●… can not hide the face of that blacke rebellious divel that is under it . Whereof they being conscious that had been very well acquainted with the mysterie , no lesse then an whole h armie together , conduct us to the perfect beholding the sweet countenance of this late Baal Berith as he lies . We crave ( say they ) leave to beleeve that an accommodation with the King , in the way & term●…s you are upon , or any at all , as the case now stands , that shall implie his restitution ; or shall not provide for his subjection to trial & judgement , would first not be just before God or man , but many wayes evill . Secondlie , would not be safe . 1. The Covenant engaging to the maters of religion , & publike interests primarilie & absolutelie ( marke that ) with out any limitation , & after that to the preservation of the Kings person & authoritie , but with this restriction , ( marke this too ) viz. In the preservation of the true religion & liberties of the Kingdomes . In this case , though a Cavallier might make i●… a question , yet who will not rationallie resolve it , That the preceding maters of religion & the publike interest , are to be understood as the principal & supreme maters engaged for , & that of the Kings person & authoritie as inferiour & subordinate to the other . 2. That where persons joyning to make a mutuall covenant , if the absent parties shall oppose it & the maters contein'd in it , surelie that person excludes himselfe from any claime to any benefit therefrom while he continues so refusing & opposing . So that you see notwithstanding the expresse articles for the preservation of Royaltie , His Majestie may be brought to his trial , & all his posteritie too , when the holie brethren can catch them , be murder'd at their owne gates according to the expresse sense of severall articles in the Covenant for maintenance of religion , & libertie . And what unkindnesse was here in the Scots to their King ? Besides , whosoever will take the paines to compare the particulars in the Scotish Remonstrance which they brought in their hands when they came in upon the Covenant , with those in the accursed Court proceeding against His late Royal Majestie may be able to doe Dorislaw , Steel , Cooke , &c. some litle courtesie in their credit & pleade for them that they drew not up , but onelie transscribed a charge brought long since from Edenburgh to London . And yet what unkindnesse was here in the Scots to their King ? There is yet one thing more whereof upon this mention of Remonstrance & Covenant I can not but advertize my reader having but lightlie touch'd upon it before . That whereas the Scots in their Covenant confesse before God & the world many sinnes whereof they were guiltie , & for which they desire to be humbled . Viz. That they had not as they ought valued the inaestimable benefit of the Gospell . That they had not laboured for the puritie & power thereof ; That they had not endeavoured to receive Christ in their hearts ( marke that ) nor to walke worthie of him in their lives ; These men tell the King in their remonstrance , That they come in the name of their Lord & Master Iesus Christ , to warne him about the guilt of I know not what sinnes they there heape together upon his soul. A very likelie storie to beleeve , That Christ had sent them into England with this covenanting paper in their hands ; who had shut him out of doores very latelie , & would not receive him into their hearts . Notwithstanding all the pretended glorious successe , obteined more by the name then exploits of the Scotish armie , the opposite partie was not so fullie subdued , but that the multitude of garrisons , ( beside Newarke which might have cost them deare ) surrender'd after His Majesties leaving Oxford make a great flame in the Burningbush which your zealous friend Iohn Vicars hath kindled . You will hardlie perswade any your judicious comparers of this your preface with the many treacherous practices you had used , that His Majestie in the greatest necessitie would not have chosen rather to have cast himselfe into the mercilesse yet more mercifull armes of the sea , then without the strongest deliberate engagement into the perfidious & more fluctuating armie of the Scots . Nor yet had all your underhand oathes & promises prevaild for the unhappie credulitie of a most pious & prudent King , if some Better credit in all likelihood , had not interposed it selfe , which it may be was more deceiv'd then it deceived . Therefore your storie about London , Lin , Holland & France is a greater circuit then his Majestie toke in his designed journey to Newarke . The promise of sati●…faction that caried him thence to New - Castle might have long before been his conduct to London if Religion & Reason might have been permitted to goe along which him . That he gave not what you expected , that is to say his Royal soul to the Divel , his old oathes might very well hinder him , for I pray tell me why a King as well as a Rebell may not feare the oath of God. It is not unlikelie that the prime leaders of the English armie were at that time wearie of your companie , who fill'd the best of their quarters , & did least of your service , Nor that you were out of heart as wel as reputation by the signal victories to a miracle all most obteined against you , by , not your companion good Sir James Grahame , but the Thrice renowned Marquesse Montrosse , whose proceeding had been most successefull & happie , & may they still be for His Majesties affaires . If there were such divisions in Scotland , what could better compose thém then the personal presence of the King ? but this was not according to the Kingdomes libertie meant in the third article of the covenant , In the preservation of which , that is , so farre as you thought fit ●…o make consistent with which , & in the defense of what they call the tr●…c Religion , which you tooke for granted he never intended to complie with , you had sworne to defend the Kings Majesties person , & that is one of the forenam'd expresse ar●…icles to that purpose . The hazard of a warre weighed heavier in the balance of your counsels then the hazard of his Royal person in the hands of his irreconcileable enemies ▪ forgeting that the worke of righteousnesse in performance of your promises would have been a more lasting peace , & the effect of that righteousnesse , quietnesse & assurance for ever . The sectarian Armie which you scarce durst have call'd so at that time , had otherworke then to goe into Scotland but that your hollow-hearted professions to the King , who was in no very indifferent case to make sure conditions of advantage to himselfe , made him order the surrender of his garrisons into their hands . So you sav'd His Majestie from the racke to bring him to the scaffold ▪ And you with your Brother-Presbyters escap'd the like torture then , but if you goe on to stretch your conscience till it cracke , we shall see as well the punishment as the guilt of that murder glowing at your heart . After two such accidental confessions wherein your Armie demonstrativelie shew'd themselves either false foolishlie credulous or cowards at best you reckon up several conveniences of His Majesties being in one of his houses neare London , when it had been ever before pretended to the poor deluded people that he was to be brought to his Parliament in London . And this you did upon the fayth of that Parliament , which you say kept up a sectarian Armie against you . A very good argument to prevaile with you for their credit . Vpon such termes as should be satisfactorie to the King , particularlie mentioned in the paper deliverd to the King by the Committe of Estates upon the 15 of May 1646. & noted in that of Iune 8. to the speaker of the House of Peers , subscribed ▪ By his affectionate friends & humble servants , Lauderdail , Iohnston , Henrie Kennedie ( your owne potent good Lord , &c. ) That if ▪ His Majestie should delay to goe about the readiest wayes , & meanes to satisfie both his Kingdomes , they would be necessitated for their owne exoneration to acquaint the Committee of both Kingdomes at London that a course might be taken by joint advic●… of both Kingdomes , for attempting the just ends expressed in the solemne league & Covenant By which His Majestie was to bring satisfaction to them & you , not ( as you say ) to receive termes satisfactorie to himselfe . Wherein because he made not what hast was required , you exonerated your selfe of all the malice you had unto his person & made an end of his dayes , which was just the end you aim'd at in the Covenant . This being the true case , you aske , Whether it were any injustice ? Yes , to imprison his person by confining him to an house , & to weaken his power by robbing him of his garrisons , Whether any unkindnesse ? Yes , to give up your native King , who you confesse cast himselfe on your protection , to them who were so far from affording him any of his palaces neare London , that it was death for any man to harbour him in his house . What imprudence it was , let the best politician of you all speake , because ablest to judge ; Or the worst , who by this time can evidence , how besotted you were to your utter disrepute & destruction ; What advantage at that time you had to lay the fairest colour upon the foulest fact that ever you committed & win the world , by an after-game , into an high opinion of your trust ; What , to gaine the length of your line in the libertie of Religion or lawes ; And , as for wealth & honour , you might , upon such a merit , in all likelihood , have had , what the vastest ambitious Helluo could aske , or three luxuriant Kingdomes could yeild you . Whereas now you have ript up your false hearts , & throw'n your guilt in the face of the sun ; so that the sound of your rebellion is gone into all lands , & your treacherie travailes in a poverb●… even to the ends of the earth ; Your Religion hath many times since struggled for life , which the mercie , or temporizing subtilitie of your sectarian enemie hath preserv'd , & your lawes have taken their libertie from his sword ; He deteines at this time the wages of your wickednesse in his house , & your honour not long since kissed his foot , & by fower Commissioners humblie waited on him to his doores . But you come to a closer question , Whether the deliverie of the Kings person were a selling of him to his enemies ? Ans : It may be such for all that you say against it . Your Masters are not allwayes wont to pay your arreares upon single service , I hinted even now that your miscariages of late have cut you off a good sume that is behind , which by Ordinance of Parliament is to be disposed otherwayes . Let the capitulation have been in reference to what it will , & the Act of what you call the English Parliament exclude the disposal of the King ; we know that was the subject of many papers that pass'd between you , which were penned with so much collusion & cunning , that any broker might see a bargaine was driving between craftie merchants , till , having clapt hands , the one brought his rich commoditie to Holm●…bic , & the other pay'd his money at Non-Castle . The unexpected evil ( for I must alter the number & admit of none but the murder of the King ) that followed , which no mortal eye could foresce any mortal heart might fore feare , & the well affected brethren have prevented , if they pleas'd . The Armies rebellion is very nonsignificant language from your pen , unlesse figurativelie expressing the vengeance of God upon that rebellious citie , which with her golden cup had made the Land drunke , & the Nations mad with the abundance of her wine . What you call destroying the Parliament was but the plucking up & throwing out of the way that rotten root , the stocke & fairest branches whereof had been cut downe by the keen axe of a violent vote long before . How readie these Scots ( which the Reviewer must vindicate ) were to the utmost of their power to have prevented the mischiefe in the murder of the King , & what hazard they ran of what was dearest to them appeares by their hast to come in to Duke Hamiltons partie , & the large contributions they gave toward the raising an armie to that purpose . To make good the proverbe . Murder will out , the next words implie the Reviewers confession . The hard measure they had often receiv'd from the King stucke then in their stomakes , & would not out till now , with their malice impostumated in his bloud . That they did not in time , & unanimouslie stirre to purpose for that end , they are indeed to answer it to God , who were the true authours thereof . And who they were let the Scotish pulpits ( I meane not their Presbyters ) speake out . The innocencie of the Church is not cleard in the following treatise to be so much as Pilates , they can not wash their hands in it , nor their mouth . They made the tumults they never asked what evill he had done , & this Royal bloudwill be upon them & upon their children . But here comes up a second part of their venemous vomit ( for though they cast the temptation upon the serpent , they charge the original sinne upon the King ) The King gave not his good subjects satisfaction by granting all their demands which they found most necessarie & due , This they say [ by the mouth of the Reviewer ] was the cause of the many miseries , & if there be any connexion , was the cause why they stirred not in time , & what 's the meaning of this but Caiphas's expedit ? It is very expedient very necessarie he die for these people , & ( thankes good Presbyter Scot ) pay this debt of satisfaction in his bloud Which conclusion is no sooner dispatched , but like very logical Rebells , they fall presentlie on making a new syllogisme , & prepare a second argument of the axe . The very same cause ties up this day the hands of Covenanters — could they have ( that is they can not have ) the young King to joyne with them in their covenant , to quit his unhappie Bishops , to lay aside his formal & dead liturgie & the satisfaction to his good subjects which they finde necess●…rie & due ; He hath drawn some what beside his limbes from the loynes of his father ; though the serpent hath not reach'd him the fruit of the forbiden tree , he hath transmitted as much malignance in * the barke . Ergo when they get him into their hands ( which God forbid ) t is but talking a litle with the Pharisees & Priests , taking the money according to the covenant , They have made the premises & may then , sit at home with their hands in their pockets , being well assur'd the conclusion must follow , quia expedit , It is very expedient another man , because another King ( which the hand of heaven powerfullie prevent . ) To draw him into the net , this decoy ducke courts His Majestie with more truth then good meaning ; for he puts it into a parenthesis I'observe , that when hereafter it shall be left out , the Scotish Reviewer & Remonstrances may not jarre in their expressions . [ A lovelie , hopefull , & promising Prince , for all naturall endowments , as this day breathes in Europe , or for a long time has sway'd a S●…epter in Britaine ] And yet this lovelie Prince without taking the Covenant &c. shall not breath nor sway the scepter in Scotland . With which & some other ungracious principles a nest of these unluckie Northeme birds did latelie besiege him , not in his cabin , [ for his fathers worke lay upon their hands , when he was there they wanting then the iron instrument to cut the silver cord of his life ] but in his Royal bedchamber at the Hague . And going home , it should seem by the weeping crosse , they & the good people , because they can doc no more , sit downe with mournfull eyes , till occasion be administer'd that by Dunce law ( which holds as well against the sonne as the Father ) they can doc no lesse then lie downe in their armes for their just & necessarie defense . But they hold here & 't is time I thinke , for they have transgress'd to●… farre the bounds of an epistle . CHAPTER I. The Scots bold address with the Covenant to K. Ch. 2 Their partie inconsiderable . The Bishops method , language , & matter asserted . The quaestion in controversie unawares granted by the Reviewer . WHile Sixe walking Images , the pretended Commissioners of the Church & Kingdome of Scotland , that is to say , a selected packe of the most zealous disciplinarian faction , which had fairlie wrought the destruction of both , were , with the greatest impudence that ever was heard of , pressing into His Majesties sad & most disconsolate retirement at the Hague , when he held backe the face of his throne , & had spread his cloud upon it , When his face was foule with weeping , & on his eyelids the shadow of death ; While , with the highest crueltie that could be , instead of condoling his most lamentable afflictions , beyond the tyrannie of Jobs comforters , they were going about not onelie to lay open in his sight , but to thrust violentlie that bloudie axe ( the Covenant I meane ) which had cut off his Royal Fathers head , into his hands ; This reverend & resolute Prelate steps in between them & the Court , throwes in their eyes the guilt not onelie of their late actions , but of their old Antimonarchical as well as An●…iprelaticall government it selfe , not so much hoping to amuze them , or stop them in their progresse to the King ( whose adamantine face , & elephantine feet , he knew would breake through all the briars & thornes that the hand of truth could cut out of that Northerne wildernesse of errour , & lay , though ne'r so thicke , in their way ) as to set the marke of that beast in their forhead , which destroyes root & branch of Religion & Lawes , of Regall & Apostolical government , yea & of the libertie of the people , that all well affected to any of these or themselves might have seasonable warning to get out of their way , or gather strength to hunt this wild monster out of the world . Which accurate Remonstrance of the Bishops carying with it the highest authoritie of their Assemblie acts provincial & general , of the concurrent sense in the writings of many their deified Divines prevail'd with all impartial & advertend persons to bring this glittering Godesse of the Scotsh discipline to the touch , to discover all the dirt & drosse whereof every limbe of her is made , & reduc'd many , her before incautious worshipers , to a better practice of their dutie , & opinion of the Catholike truth . So that the shrine trade being very likelie to goe downe , & the craftsmen's gaine to faile , this Demetrius , as it hapens , at a distance from the great companie of his brethren , adviseth onelie with one of his tribe & 3. or 4. the idola●…rous worshipers of his imaginations , & cries aloud in print Magna est ▪ Diana , Great is Diana of the Scots . yea , so great he makes her in the very first page of his booke as if she were Queen of heaven & earth , no other divine providence but hers able to recover ▪ as he speakes , the wofullie confounded affaires of the King , & 〈◊〉 other nations hands upon the earth but the Antiprelatical be the instruments to effect it . Whereas they are at this time the most inconsiderable faction in His Majesties Dominions , being kept at a bay by the present tyrannie in England , having such distractions & divisions among themselves , so intermingled with a Royal & Independent partie , that let them talke or write what they will ▪ they can make no muster roll of their owne strength , & durst they speake out their desires , or could their guilt permit them an assurance of securitie & protection , they would with all their hearts take sanctuarie in the person , aswell as hitherto they have done an abused authoritie from the name , of their King , & cast themselves with their covenant , & their claimes , to all former concessions , even touching their discipline , at his foot . But desperatione ultim●… in furorem animus convertitur , instead of that they turne despaire into madnesse , hoping onelie for some miracle to be wrought by the hand of God , that they may have companie in their ruyne . Naturali quodam deploratae mentis affectu morientibus , gratissimum est commori . But we are told the hopes of such hypocrites shall perish , That they shall be cut of , & their trust be but a spiders web . Having done his crie , he begins to chop logike with the Bishop , complaines of his method , though most apposite to the purpose , calls for Scripture , Fathers , Reason , as if disciplinarian practical instances required the strength of any of the three , unlesse the vertuous precedents of Father Iohn of Leyden , or Kniperdolin should come in , as they may in judgement against the Scots . He admits of the Bishops proofes ( & I am very glad he doth ) butias by 〈◊〉 , belonging litle or nothing to the main question : Whereas if The overthrowing the rights of Magistrates to convocate Synods , &c. Chapt. 2. Subjecting the supreme to their censures . chap. 5. Cheating him of his civile power in order to religion . ch . 7. be but by tenets ; Their challenging this exorbitant power by divine right . ch . 8. That the exercise of it is hurtfull to all orders of men . chap. 12. Belong litle or nothing to the maine questions about the discipline , it should seem we must climbe heaven for the height of the controversie , & see whether it will suffer God any more then the King , to sit sure in his throne , & have the supreme government of the world . The heape of calumni●…s he mentions is a faythfull collection of historicall narrations , which requires not the credulitie of the simple , but the search of sedulous people , if distrusted , who may take the other bookes in their way , & satisfie themselves about what passages he pretends to be detorted . If any of the Bishops allegations ▪ are coincident with them in Lysimachus Nicanor & Isachars burden , they have two witnesses at least to quit them at the barre , & need not stand to the mercie of Iudge Baylie for their pardon . Whatsoever were the sufferings of the authours Mr. Corbet & Mr. Maxwell the Reverend Arch-Bishop of Towmond , truth & integritie ought not to be danted , The hand of heaven is not allwayes guided by the mouth , nor Gods judgements discernd by the eye of the Disciplinarian brethren , though most commonlie we heare of no lesse then the murder of the best men , when they make themselves dispensers of his punishments . I am crediblie informed that Mr. Corbet was murderd by the Irish , the Arch-Bishop , stript naked & left desperatelie wounded , but by Gods mercie recover'd & since died a natural death . What spirit it is that hath co●…ind Mr. Baylie into this uncharitable beliefe of Gods strange punishments in their ends , or rather fram'd contrarie to his conscience this rash judgement in his mouth I leave to the Christian reader to conjecture . Had the like befallen any couple of his brethren , he would have writ with their bloud some red letters in the Calendar , & made them currentlie passe for two Martyrs of the discipline . If what the Bishop & they have jointlie published be fullie aswered by Mr. Baylie in his booke printed at London , Edenburgh & Amsterdam , because the weight of the presse addes every time more strength to his arguments , for I know not else to what purpose he mentions the severall impressions ) he might have sav'd this labour of Reviewing , & publish'd a fourth editon of it at Delfe . After so much praejudice the Bishop is beholding to you for his hearing , & since you have tasted the sweetnesse of his spirit , & soberne●… of his language in his first page , you doe well to spit out the bitternesse of your owne in a mad epistle before your booke . If any regard had been wanting in his Lordship to the passages of Scripture whereupon you build your Antiepiscopal tenets , the quotations would have been some what more numerous in your Review . That no reverence should be required to the harmonie of the Reformed he takes care in the third paragraph of his booke where he sayth he hopes there is nothing whereof he convicteth you but will be disavowed ...... by all the Protestant Churches in the world , which it should seem they may doe & yet agree with you in the maine of your discipline , for you calld all those but by-tenets ev'n now . That they doe so beyond a non admission , to a rejection of our Episcopacie as Antichristian ( between which as I take it there is some difference ) I desire you to tell us where . What respect the Bishop beares to the Civile Magistrate & lawes , appeares best by his vindication of just authoritie to them both against your disciplinarian incroachments . His Lordship doth not forget by what authoritie your discipline is established though the extravagance of your practices stands not justified by that which you pretend to . If your rule doth , it doth not quit it selfe of censure , in reference to its reception otherwhere , because vested with the power of a civile law in Scotland ; nor is that law unalterable when a future Parliament may take into consideration the inconveniencies that accompanie it . The Bishop need not be grieved ▪ being as ignorant as your selfe ( & you are enough , as King knowing as you would seem ) that His Majestie doth not at all question the justice , because he doth not the legalitie of these sanctions . Therefore his Lordship may thinke on , & speake on when he pleaseth more about this bussinesse , & yet vouch with out a marke loyaltie in his face ; nor ( for ought you draw from him ) need his veines be so emptie , nor his stomake so sharpe set as to eate his former words , much lesse be so desperate as to burne his whole booke , the consistence of it with his toughts , & professions laying no slander upon the King , & his Royal Father of ignorance , & injustice , the one having established , the other offering to establish by your civile lawes such a Church discipline as is mentiond , both having done it upon most unreasonable importunitie , without any know'n inclination to , or approbation of the same , Farther , what a slander this would prove , upon your grounds ( beyond the irreverence toward any actions of a King ) which is haled hither in a forced consequence by the cords of your malice may be guessed by the Royal Father's confession in his solitude . If any shall impute my yeilding to them [ the Scots ] as my failing , & sinne , I can easilie acknowledge it ; but that is no argument to doe so agai●… , or much more For the Royal sonne , His Majestie now being ▪ you say , he hath not yet gone beyond an offer , therefore His Martyr'd Fathers poenitential acknowledgement of his failing , & sinne join'd to your seasonable admonition , That there can be no such actual concession , but upon the peril of ignorance , or huge injustieé , except he ownes it aswell to be the religious dictate of his conscience , as a poltike indulgence upon necessitie of state , may probablie move him at leisure to deliberate , & whatsoever he shall determine to doe in this , ( wherein God direct him for the best ) aswell for his owne sake , as the saftie of his Kingdomes make him cautious hereafter how the importunitie of the mission gets ground upon his goodnesse , when all his grants shall be so publikelie registred as conscientious acts , & , by such barbarious pens , deliver'd to posteritie as sealed with his soule . The Bishops presumption in that which followes is none but what from the grounds of modest Christian charitie may be raised , viz. That a knowing & a just King ( such as your owne character renders him ) will acknowledge that contrarie to the dictates of his conscience , which is proved contrarie to the lawes of God , & man , And this may be proclaimed , if not prohibited without being his Confessour or taking it from the Clerke of the closet in any whisper . Nor doth your mistrust of reports beare authoritie enough , to make His Majesties conscience passe for Presbyterian , no more then that for a command , or imposition by law which was by your petitionarie violence ravish'd from his passive innocencie into a grant . So that you see in the very beginning you stumble at a strawe , & being to finde somewhat worse in your way , you were best life your legs higher in your progresse . How much the Disciplinarian Scots have contributed from the beginning toward the alteration of Religion in England , is too large a storie to be inserted in this dispute . Their old account the Rt ▪ Reverend Arch-Bishop Bancroft cast up in his Dangerous positions , & English Scotizing Discipline . their later arreares ruu very high in the historie of our times , beginning with his religious & learned successour , The losse of whose head is not more to be imputed to the peoples clamours , then the Scotish papers . Whatsoever they did before , I hope they can not denie themselves to be one of the horned beasts , which together with their English brethren make the supporters of the Presbyterian Rebells scutcheon in the Coveriant . This in their remonstrance upon their last inroad into England , when their fainting brethren with the cause were giving up the ghost , they tell the King plainlie they shall zealouslie & constantlie in their severall vocations endeavour with their estates & lives to persue & advance . This pursuance was against the King & Bishops , which with the Convocation of divines are the true & full representatives of the Church of England . The assemblie of Divines were but locusts & caterpillars brought together at Westminster by a Northerne wind . The lawes of England convocate no such creatures nor in such a maner . King & Parliament were mere names , had then , & there , no real being , & so no breath to such a purpose , nor those in the two Houses afterward more then the heads on the top of them in any politike capacitie to ordaine the abolition of Episcopacie . Beside , what the Assemblie did deliberate & debate , poor mechanike people 't is very well known'n they did as daylie labourers , & sacrilegious , hirelings , spend the thred of their time in your service , & payd the price of their souls for a sequestration or two the Covenanting brethren's pillage of the Church . So that if they began the song , you know by whom they were payd for their paines , & if they danc'd not after your pipe , poor scraping wretches they came at your call , & howsoever you were in a medley together , to be sure your Covenanting Divel had got you all into a circle , & will better distinguish you when he calls to you for his reckoning . But , by your favour good Sir , His Majestie kept out , & for the very three yeares you mention told you plainlie he would make one in the practike harmonie of the Catholike Church . That permission ( for it was no more ) necessitie extorted , & though he could not at that time get you all into Bedlam , he thought in three yeares you would pipe & dance your selves wearie & then be content to give way to a better solemnitie of the Cathedral musike to come in . In the meane time estates & lives engag'd in the advancement of the Covenant by the sword , the end thereof being to setle discipline , was me●…ing with & imposing upon our Church . Quod erat demonstrandum . The Bishop you see gives a shrewd guesse who they are you endeavour to brand with the name of Erastians , & how all Protestant Churches , even such as are not Episcopal , must be beholding to you for that title because they come not up to the rigour of your Discipline . Wherein Erasttus flaterd the Magistrate to the prejudice of the just rights of the Church , concernd you aswell to prove as to mention , & then to have draw'n a parallel of the like flaterie in the Bishop . Your doubting argues you ignorant or negligent , & confirmes my beleefe that you have travail'd as litle in Erastus's doctrines as his wayes , & gone no farther then the title of his booke . What His Lordship asserts about the supremacie of the Civile Magistrate , & Ecclesiastike jurisdiction derived from thence is but what he & all his brethren have sworne to , & not one of the late Bishops retracted who claim'd Episcopacie by divine righs , nor were they at daggers drawing with that horrible word Erastian Caesaro-papisme ; having a farre more monstrous creature , call'd Scoto-Presbytero-Papisme , to encounter . Our lawes are the same aswell to the latter as the elder Bishops , & if their subjection to them must be accounted such an errour , the next pedlars pack that you open we may looke to finde Christianitie bundell'd up into a sect . The Bishop hath more charitie in him then to become an accuser of his friends , & so much ingenuitie as to heare your sense , not onelie speake his owne about their writings , which when you bring in any particular instance shewing them to joyne with the most rigid ▪ Presbyterians in opposing Erastus about the Magistrates power , you may looke for your answer Here the Reviewer , I can not say for want of a pare of spectacles ( for who is more blinde then he that will not see ) is pleas'd to over looke the whole bodie of the Bishops charge against them , & instead of quiting himselfe to any purpose , recriminates onelie upon other mens scores , having ; as it seemes , been very slenderlie acquainted with the late controversies between the Papists & us , & not sounded the depth of the question , as it was stated by our later most learned writers , particularlie that most glorious martyr the Right Reverend Arch-Bishop of Canterburie with the rational & subtile Mr. Chillingworth , who between them having clear'd the well of that dirt which defil'd commonlie the fingars of them that went to draw water at it before , made the face of truth appeare at the botome to any that came impartiallie to behold it . But the Bishop mentioning nothing hearebout , I have no authoritie farther to enlarge , being oblig'd onelie to put Mr. Baylie in mind that in his next Review he give account to the world , Why the Scotish Presbyterie comes not into the harmonie of all Protestants both Lutharans & Calvinists , who give unto the English Episcopal Church the right hand of fellowship & why he & his later Brethren out doe their forefathers ▪ who durst not condemne her either as defective in any necessarie point of Christian pietie , or redundant in any thing that might virtuallie or by consequence overthrow the foundation . The Canterburian designe was forged at Edenburgh into a passe for the Scots to come over the borders . The Prelatical partie might charitablie wish , but never rationallie hope to see all Christian Churches united in truth & love , so long as the perverse Presbyterie confines all Religion to it selfe . For whatsoever the blew caps came in , we know when they went out they caried many vvainloades of somevvhat else beside the spoile of the blacke-caps reconciliation vvith Rome , & so long as such bootie is to be had , they want more power , then will , to set up a new controversie in England . But while they are thinking of that , I must put them in mind of what we have in hand , & notwithstanding Mr. Baylies pretense assure him King James , who had trouble enough with them , makes good upon his owne experience , that every nicitie u a fundamental among them , & every toy takes up as great a dispute , as if the Holie Trinitie were question'd ...... De minimis Politiae Ecclesiasticae quaestiunculis tantum excitant turbarum ac si de sacrosancta Trinitate ageretur . As touching your answer to the last charge , you cunninglie omit what is found in the letter , a word at least of approbation to the office of Episcopacie , in that Bishops are call'd guides , or leaders of Christs flock●… , wherein a superintendence , Prelacie , or precedence is own , they being Pastorum Pastores , for by the flocke there is mean'd the inferiour Ministerie , not Laitie , otherwise that text of St. Peter is unfitlie applied , Feed the flocke of Christ , which is committed to your charge , caring for it not by constraint e'piscopôuntes mi a'nagkastôs [ e'piscopôuntes is being Bishops over it ] where a'nagkastôs must relate to the Ministers who were constrained to weare the cap , surplice , & tippet , or else be deprived of all Ecclesiastical function as your Assemblie complaines at the very begining of the letter . Yet had they writ no more then you produce , & had been of the same minde with you now , it would follow necessarilie that you acknowledge several members of Antichrist Ministers of the word , reverend Pastours & brethren of the Kircke . Which give me but under your hand in your next . My Lord of Derrie I presume will use you , as his profess'd brother very kindlie , & trouble you no more about that businesse . I must adde this ; Mr. Knox , as furious otherwise as he was , before Queen Elizabeths time when as your Historian relates in his life , K. Edward VI. offered him a Bishoprike , he refus'd it with a grave severe [ yet not so severe ] speach saying the title of Lordship & great state had quid commune cum Antichristo , somewhat common with Antichrist , he sayd not the office of an English Bishop was Antichristian , nor his person a limbe of Antichrist himselfe . What the same Assemblie sayd or did about the Arch-Bishop of St. Andrewes was in the midst of their freanzie , when , as by their actions may be judged , they had alreadie made good what they threatned , & were become subjects or slaves to the tyrannie of the Devil , Whose title their successours , have these last ten yeares renewd , & payd a greater homage then ever , to that Lord. What you suppone is a grant of the question , That some 80. yeares agoe the Scots might admit the Proiestant Bishops tolerable in England , the law being still the same upon which they are founded , & if their practice be not , which is more then you prove , whatsoever it may detract from their persons , it derogates no thing from the continuance of their office . Neither hath your inspection been so accurate of its nature , but that like unskillfull physicians , ye have cast away that balme of Gilead whereby the health of the daughter of Gods people must be recovered , & like ignorant simplers , have throw'n over the hedge for a noxious weed that Soveraigne plant which God ordain'd for the perpetual service & sanitie of his Church . As for those crimes which you mention , though you will never be able to make them good against the Reverend Prelates of any the three Kingdomes , yet for shame say not for those you got the consent of the King to condemne , kill & burie in your countrey the sacred order of Episcopacie in that Church . His Majestie having not expressed the least word or syllabe to that purpose . The most that ever he yeilded was this . For it should be considered that Episcopacie was not so rooted , & setled there [ in Scotland ] as t is here [ in England ] nor I ( in that respect ) so strictlie bound to continue it in that Kingdome as this : for what I thinke in my judgement best , I may not thinke so absolutelie necessarie for all places , & at all times . Not so rooted & setled , not so absolutelie necessarie implies no act of everting the foundations both of Religion & Government &c. nor can such an act be so pleasing to Kings , nor that order , which is wholelie imployed therein , win so much upon their affections & judgements as to make them professe to the world they thinke it best , as you see our King of blessed memorie hath done . When England thereafter , as you terme it , did root out that unhappie plant , they danc'd after the Scotish pipe , though England was neither in that thing , calld an assemblie , nor in any full & free Parliament that did it . They were but a few rotten members , that had strength enough then to articulate their malice in a vote , but have since given up the ghost being cut downe by the independencie of the sword , & their presbyterie with them , for a Stinking weed throw'n over the hedge , or Severu's wall , into Scotland , where they , & their blew-bottle brethren are left to lie unpittied on the dunghill together . The rest of the Reformed Churches otherwhere did never cast out , what they never had , such an happie plant as regular Episcopacie in their grounds , those that have ( as some such I have told you there are ) carefullie keep it . The one part hath been more wise in their actions , the other more charitable to us in their words . Let the Scots applaud , or clap their hands when they please , there is an act behind , the plays ' not yet done . CHAPTER II. The Scottish Discipline overthrowes the right of Magistrates to convocate Synods , & otherwise to order Ecclesiastical affaires . THe Bishop doth not forget his challenge about the Magistrates right in convocating Synods . But if Mr. Baylie's eyes be too old to see a good , argument in an enthymem , let him take it out of an explicite syllogisme , which may fairlie be draw'n out of His Lordships first & second paragraph in this Chapter . MAJ. That Discipline which doth countenance the Church to convene within the Magistrates territories , whensoever , wheresoever they list : To call before them whomsoever they please , &c : doth overthrow the Magistrates right to convocate Synods . to confirme their Acts , &c. MIN. But this new Discipline doth countenance the Church to convene within the Magistrates territories , whensoever , wheresoever they list , &c. Ergo , CONCL. This new Discipline doth overthrow the Magistrates right to convocate Synods , &c. The Major his Lordship proves from that know'n Soveraignite of power wherewith all Princes , & States are indued ; From the warinesse of the Synod of Dort , Can. 50. From that decree out of Ench. Cand smin . Synods ought to be called by the supreme Magistrate , if he be a Christian , &c. From the power the Emperours of old did challenge over General Councels ; Christian Monarches in the time of Poperie over National Synods ; The Kings of England over their Convocations : The Estates of the Vnited Provinces . From the professions of all Catholikes & Protestants in France , very particularlie & liberallie the State of Geneva , where the ordering of all Ecclesiastike affaires is assumed by the Seigniorie . The Minor , he takes for granted , is know'n out of all the proceedings in the Presbyterie ; which from time to time have thus conven'd , & convocated themselves , & therefore His Lordship onelie intimates it in his first paragraph , yet afterward proves it in part by an Assemblie , meeting when it had been prohibited , & sitting after it was discharged by the King , which the 20. Presbyters did at Aberdene Anno 1600. And all this with the Reviewer , is to forget the challenge , because he hath forgot his logike , & the new light hath dazeld the eye of his old intellectual facultie to discerne . The truth of it is , this was a litle too hot for Mr. Baylies fingars , because it makes such cleare instances about the Synod of Dort & Geneva , wherein they differ from the Scotish Presbyterie , which he will not owne because he every where denies , & therefore takes no notice of it as he goes . Nor can any ignorance of the way of the Scotish Discipline be imputed to the Bishop , who produceth , so numerouslie , the practical enormities thereof , & strikes at the very foundation as infirme , because contrarie to the know'n lawes & lawfull custome●… , the supreme Magistrate dissenting & disclaiming . For what he pretends to have been unquestionablie authentike by vertue of Parliament Acts & the Kings consent since the first reformation , I have otherwhere successivelie evidenc'd , up as farre as the unhappie beheading of Marie Queen of Scots in England , ( to which the rest may be hereafter annexed ) to have no other strength then what rage & violence could afford it . The power which he sayth every man in Scotland gives the King , without controversie , to call extraordinarie Assemblies when he pleaseth , takes not away , in its hast , the maine part , of the Bishops objection , implying no negative to this . That the Presbyterie , hath often extraordinarilie assembled without the Kings leave , nay against his command , nor will they be checkt in that rebellious license by his power . What the Bishop meanes to speake of the Kings power in chusing Elders , &c. Mr. Baylie might know , but that still he hath no mind to take notice , That in the former paragraph His Lordship spake of a seigniorie , a Civile Magistrate at Geneva , to which at the end of the yeare are presented the Elders , & by that continued or discharged . The Civile Magistrate in Scotland hath no more power in placing or displacing , ( which before was calld continuing or discharging ) the Elders , then in the election of the Emperour , whose inhaerent right he conceives to be as good there as at Geneva , therefore if the lawes do not expresselie provide it , they are such , he thinkes , as tend to the overthrowing of that right . This His Lordship meanes as part of that he was to prove , being a clause in the title of his Chapter . Your closing with the Parliament , which the Bishop hath not mention'd , is but to beget a wonder by making an hermaphrodite of the question which before was but single in your sexe . You are not so united , but that I can untwist you , & , though against your will , consider , in this case , the Presbyterie by it selfe . The making of Ecclesiastike lawes in Scotland ( as for England it shall not be here disputed , as desirous as you ▪ are to be wandring from home ) was never ▪ in justice , nor with any Kings content , referred , so absolutelie , to Ecclesiastike Assemblies , as not to aske a ratification from the crowne . What the Bishops minde is about the head of the Church will be clearlie rendred when just Authoritie demands it , but His Lordship thinkes not good to be catechiz'd by every ignorant Scotish Presbyter , nor give answer to every impertinent question he puts in . If your fingars itch to be handling the extrinsecal power in the Minister derivative from the supremacie of the King you were best turne over Erastus & the learned Grotius , after which I guesse we shall heare of you no more . Your Assemblies are Arbitrarie but at Royal pleasure otherwise then as by your covenanting sword you cut of their relation to the King & his great Councels . So that your Kings were willing to accept , & had good reason to assume , more then ever you would give them . How you robd them of their right by your multipli'd rebellions see Scotish-Presbyterian selfe conviction in my Epitome of your storie . If the Bishop had left this matter in generall , your hue & crie to be sure , had gone after him for particulars . His reasoning stands not to the courtesie of your indulgence , being grounded upon the Acts of your Assemblies , whose backes had been long since broke with the weight , of no peckadillos in disputing , but high & mightie villanies in rebelling , had it not the strength of the whole lay Presbyterie to support it . Though by the way I must tell you , The failings of your officers may be taken as naturall to , & inseparable from your office , when , having been so notoriouslie publike , they passe without your censure , or dislike . So that this mote , as much as you miskenne it , will prove a beame in your eye , & of such consequence in this argument , as you will scarce finde the way through the most hainous particulars that follow . The first of which layes such a blocke in your way , as you can not step over , till you have as good as acknowledged one of the principal articles in that charge . You confesse His Majestie did write from Stirling to the General Assemblie at Edenburgh 1579. that they should cease from concluding any thing in the discipline of the Church , during the time of his minoritie . And how well you obey'd it , we may collect by what followes . Vpon this desire [ dutifull subjects would have taken it for a command ] the Assemblie did abstaine from all conclusions [ that we shall see presentlie ] onelie they named a Committee to goe to Striveling for conference with His Majestie upon that subject . Any man that is acquainted with your Assemblie logike will know that this clause with the onelie , if it passe not for a conclusion , caries the force of two praemises with it ; And he must be very ignorant in your storie that hath not found all your conferences with your Kings to have been contests . Whether this was so or no , I leave to the discretion of the reader , when he sees what you say followed thereupon . Immediatelie a Parliament is called in Octob. 1579. And in the first Act declares & grants jurisdiction unto the Kirke .......... And declares that there is no other face of a Kirke , nor other face of Religion , then is praesentlie , by the favour of God established within this Realme , And that there be no other jurisdiction Ecclesiasticall acknowledged within this Realme , then that whilke is & shall be within the samen Kirke , or that which followes therefrae concerning the praemises . Now let us lay all this together . The young King is resolved to have no medling with the discipline , yet no sooner doth he see your Commissioners sweet faces , but immediatelie a Parliament is called And in that Parliament your Discipline must have the primacie In the Acts ; And that leading Act must not onelie establish what you have at hand , but , upon the engagement of Regal & Parliamentarie power , purchase all future possibilities of your pleasure , & give your invention a patent to play the wanton . There must be some witchcraft sure in your Committee , & ( by your relation ) a magicke spell to retrive on such a sodaine , the Kings wandring affections to the Discipline . But when I finde His Majestie professing , that after ten yeares of age you never had his heart . A brother of yours lamenting that for five yeares before this you had had a perpetual conflict with the Bishops , & ever got the worst . That most of the Nobilitie , upon several interests , were at this time bent against you , I am at a losse for the Kings libertie , as much as for some other concurrent due authoritie , in this Act , & reade nothing but your violence in these proceedings . But let us see how you & a namelesse friend of yours agree . He tells us the letter that Dunkenson brought to this Assemblie had otherguede contents . That the King onelie quickned your dispatch in consultation about some head of the discipline , & preparing your unanimous result for the consent of the Parliament that followes . The Kings jealousie of your medling with these affaires he seemes to anticipate by two yeares of your account & if there were any such thing , whereof he doubts , he sayth the King was better informed of the truth . He farther complaines of two whole leaves about this businesse that were rent out of your publike records . that ever since left posteritie in a cloud this was done in the yeare 1584. which he calls the houre of darknesse . You say the authentike Registers are extant , & convince the Bishop to be heire of falshood . Error caecut quâ c●…pit eat All the truth that I can picke out of this confusion is , That the King was disaffected to the Discipline ; That the Assemblie did not obey his command nor answer his desire with their silence ; And that what consent you say , he gave in Parliament soon after , was either forg'd , or procured by constraint . What followes concerning your rigour to the Papists , & many orthodoxe Christians comprehended in that title , is easilie credited . But you should have done well to have set downe the names Dominorum Consilii ex quornm deliberatione proclamation was made , & then we should have know'n how neare they were of k●…nn to your faction . Some bodie tells us , That the Ministers did deliberate , & Buchanan did act [ according to the maximes of loyaltie he publish'd . ] That the Kings name was to it , & what else you pleased , is not much to be doubted , when you had got his person in your power . For how short a time you could keep his inclination to the Discipline , which was proclaim'd , ap peares out of your storie of an Assemblie mans penning . How cordiallie peremptorie the King was in his command , & how forward in subscribing whatsoever is in the Act for the short Confession of fayth ; And what good effects it wrought among the people , you may take notice out of His Majestie speach in the Conference at Hampton Court , wherein he shewes how ridiculous the thing was , & the person that drew it up . I thinke it unfit to thrust into the booke every position negative .......... according to the example of Mr. Craige in Scotland , who with his I renounce & abhorre , his detestations & abrenunciations , did so amaze the simple people , that they not able to conceive all those things , utterlie gave over all , falling backe to Poperie , or remaining still in their former ignorance . These are the Kings words about Mr. Craige the Authour , & his Confession , which you may compare with the Act , you pretend to at your leisure . The approbation of the Assemblie was but the harmonie of a faction , such being excluded as were not prejudged approvers or , if praesent , overaw'd by a praevalent partie in their vote , as much as other Ministers abroad , by Philadelphi Vindicatours confession , in their consent . Qu●…s credat quenquam , qui rem sacram administrabat ....... ausum fuisse calculo suo non probare . Or if they were free & did approve it , they did it in that sense that many Orthodoxe persons did sweare or subscribe it ........... in eam confessionem jurâsse neminem Presbyteriorum regimini alligat . Which King Ch. 1. in his large Declaration tells you to be consistent with Episcopacie , is unquaestionablie true . Or it may be the register of your approvers was handled as the roll of subscribers , wherein were a great many more names then had been hands ............. adde Episcopos nunc sedentes & magnam partem Ministrorum subscriptiones illas inficiari . The opposition Of the Kings Commissioner it may be was ingrossed in the two leaves torne out of your publike records , if not left out as impertinent to the proceedings of that Assemblie . If he gave a passive consent by his silence , it was in conformitie to his Masters subscription & command which you mention'd . The direction of His Majestie for the 50. Classical Assemblies was specializ'd by your power which did direct him . The erecting of them was with no intent to pull downe Episcopacie , as may be , in effect gather'd from your words . For if they remaine to this day , the same stood while the Bishops were in power as subordinate chapters or consistories unto them . These some Noble men , you speake of , were most of the Nobilitie , as your Brother Andr. Melvin doth acknowledge .......... reluctantibus nobilium plerisque . And these did not now erect , of new , a titular Episcopacie , but maintained that which had been legallie established . And this they did , not onelie to hold fast their Ecclesiastical revenue , but upon other more conscientious grounds , as he ingenuouslie confesseth . Viz. To keep the state of the Kingdome entire from being rent in pieces ; sublato enim Episcopatu [ I l'e leave the lie for his heires to licke up ] regni statum convelli . To praeserve Majestie due to the King ▪ constitutis Presbyteriis regiam ▪ Majestatem imminui And , by asserting his right to some Church revenues , to prevent the utter exhausting of his exchequer ......... bonis Ecclesiasticis ........... restitutis Regis aerarium exhauriri causantur . That the Nobilitie enjoyed so much of the revenue , beside what was payd in to the King , came upon the perpetual divisions rais'd by the Presbyterie in the Kingdome , which perturbing ever the establishment of the Episcopal order , & voting them to have no more right to the meanes then they had to the office , the learned at least & prudent Nobilitie having better assurance that neither power nor meanes belong'd de jure to the brethren of the discipline , it is not unlikelie , till the controversie should be ended , they framed a kind of plausible argument to continue the steward ship in themselves . Yet in the meane time , by your leave , they did effectuate more then a title to this & tul●…han Bishop : And this kind of Prelates pretended right to every part of the Episcopal office , & exerciz'd much more then you mention'd . Which having been made good against you in several volumes , I shall onelie bring an undeniable argument , by producing confitentes reos , the whole packe of Covenanters of all orders & qualities , aswell Ministers , as others , Who in their publike bill or Complaint , upon which an Act of the Presbyterie of Edenburgh passed Octob. 24. 1638. have these words . Whereas the office of a Bishop ( as it is now used within this Realme ) was condemned by the booke of policie , & by the Act of the Assemblie holden at Dundee , Anno 1580. Whereof these are the words ; For asmuch as the office of a Bishop ( as it is now used , & commonlie taken within this Realme ) hath no sure warrant from Authoritie , &c. Hence I argue thus . The office of a Bishop now used in the yeare 1580. & the office of a Bishop , now used in the yeare 1638. is ex confesso the same . But the office of a Bishop 1638. consisted in the power of ordination & jurisdiction : Ergo so did the office of a Bishop 1580. And as much is implied by the Act of that Synod which condemnes expresselie the power as well as the title of Bishops , & that with reference to the persons of the Bishops then living , that had executed this power , & were to lay it down●… or become excommunicate . Therefore you shew us but the halfe face in your discovrse about their voting in Parliament , Into which imployment they crept not , but came upon confidence of better authoritie then any general Assemblie could give them , as shall be proved hereafter , particularlie in the case of Rob. Montgomerie Arch-Bishop of Glasgow whom you name . That there was some debate takes of somewhat from the Kings forwardnesse in commanding , subscribing & directing in special . That he shew'd hi good satisfaction , I beleeve not , when you publish it with a blancke Reviewer . But the Warner heere jumps over no lesse then 27. yeares time , &c. Ans. The Bishop undertooke no continued historie of your Disciplinarian rebellions . Therefore in passing over 27. yeares he sav'd himself a trouble , but hath done too great a courtesie for you , unlesse you were more thankefull for his silence . Though indeed this signal rebellious Convention of a few stubborne ignaro's at Aberdener shewes to what an height & maturitie of mischiefe your other sucking Conspiracies had come to ; if Royal presence had not been at hand to suppresse their growth & nip these blacke boutefeus in the bu●… . That King Iames at that time was by his English Bishops perswasions resolv'd to put downe the general Assemblies of Scotland , is disavowed in words by publike proclamation , bearing date the 26. Septemb. & in act by appointing one to be holden at Dundee the last Tuesday of Julie . Yet if he had , with the grave advice & consent of his three Estates , your Church lanes & constant practice must have strooke saile , as it afterward did , unto the supremacie of that power . Himselfe telling you , That no Monarchie either in Civillor Ecclesiastical policie , had then attained to that perfection that it needed no reformation ; Nor that infinite occasiou●… might not arise , whereupon wise Princes might foresee , for the benefit of their 〈◊〉 , just cause of alteration . For what immediatelie followes , take His Majesties answer out of a Declaration penned with his owne hand . As to the nature of their particular priviledge in holding of Assemblies , they have in this their last praetended Assemblie broken the limitations of that priviledge that is clearlie set downe in the first Acte of the Parliament in the 92 yeare , which is the latest & clearest warrant for their Assemblie . For there it is speciallie provided . That as We give them license for holding of their Assemblies once in the yeare or oftner as occ●…sion shall require ( which proves that all their power onelie proceeds from us ) so must it not be convened without our owne praesence , or then of our Commissioner , nor no day , nor place set downe for the next Assemblie , but by Our , or our Commissioners appointment , except we be not pleased neither to goe in our owne person , neither to send any for assisting the sayd Assemblie . And how these limitations have beene observed by them at this time , let the world judge , first in not onelie refusing the praesence of our Commissioner , but most contemptuouslie & injuriouslie barring the doore upon him , & next in setting downe the dyet of the next Assemblie without either his privitie , or consent . The letter which His Majesties Commissioner Sr. Alex : Strayton of Lowrenston offered you know was a missive from the Lords of the Councel , not addressed to them as to an Assemblie , & therefore no such capacitie requir'd to their receiving it . His Majesties letter to the Commissioners of the general Assemblie signifying his pleasure to have the appointment of this meeting deferred , & no new indiction to be made without his consent , having been long before delivered , & the substance of it by them communicated to the several Presbyteries of the Kingdome . In contempt whereof these persons assembled at Aberdene , where , the day before they sate downe , was a publication at the mercate Crosse of a charge to the contrarie from the Lords of the Councel . Beside , they had not , His Majestie tells them . any warrant to hold a new Assemblie , without the praesence either of the Moderatour of the last , or of the ordinarie Clerke of the Assemblie . As for their dutifull demeanour afterward , That they rise immediatelie after the reading of the Missive , Mr. Baylie knowes to be absolutelie false , Howsoever , the naming a diet for the next meeting was against an expresse clause in His Majesties letter , which by the Councel is calld a Rebellious , & traiterous misbehaviour . For the trouble that followed hereupon , if by the counsel of Arch-Bishop Bancroft , that could not be pernicious , because the proceeding against them was legal . They were calld before the Lords of His Majesties Councel ; had libertie given them to entertaine lawyers , & make their defense , which prov'd a Declinatour disclaiming all subjection to His Majestie , & His Councel ; This Declinatour was repell'd , & they were found to have unlawfullie conven'd ; His Majestie commanded that the ordinarie course of justice should proceed . Whereupon Sixe of them were presented upon panel at Lynlithgow before His Highnesse Justice being the ordinarie Judge , who had joyned to him a great number of Noblemen , &c. Their inditement grounded upon the first statute in May 1584. Two of their Procuratours , & Counsellers at law , not being able to perswade them to a course of humilitie , did upon their obstinacie refuse to plead for them , Indeed Sixe , or seven of them , touched with the open discoverie made by the Kings Declaratour , upon humble submission were dismissed , & sent home to their charge . See more particularlie of all these in the Declarations of K. James , & his Councel 1606. The next instance of the Bishops , Viz. Their abolishing the chiefe festivals of the Church , the Reviewer can not justifie to any purpose either from the authoritie , or the time . For first this great Councel of Scotland were but a parsel of the rebell Nobilitie that had of late deposed , & persecuted the poore Queen Dowager to the death , And now having the yong King & Queen at as great a distance as France , at the same rate order the affaires of the Church as they had the policie of the State. The charge they gave the Assemblie brethren dated the 29. day of April 1590. ( the summe whereof is so formallie placed in the front of the Discipline ) was upon procurement by themselves , It being ordinairie with them , when they had any new device on foot , to extort some pretended authoritie by their letters . Therefore it is but a mocke obedience by service not onelie offered , but obtruded . Nor was it so pleasing to them , whom they here owne for their masters , but that after many dayes perusal , it was with dislike , & scorne rejected by diverse . Those that sign'd it had no power to ratifie it , no more then just before , the Confession of fayth , which they were faine to send over into France . And how their Act , or promisse in secret Councell , dated the 27. of Ianuarie , was illuded from time to time , Knox relates , & very much laments in his storie . For the time , there was no such Parliament intervall as required the diligence of the Councel of State : for what they call'd a Parliament , though none , was but newlie dissolv'd , when presentlie consultation was had how the Church might be established in a good , & Godlie policie . The reason of which haste was lest , the yong Queen should come over , & interpose her Royal authoritie in this great Councel of State , as she did afterward , & rejected the Discipline , for all the Act of State that had passed on it , demanding How many of those that had subscribed would be subject unto it , & her Secretarie telling them . That many subscribed in side parentum , as children are baptized . Those dayes which Mr. Baylie calls here fond feasts , out of the booke of Discipline & that farther abominations , were not thought such by the Primitive Christians , who were strict in the solemnitie of such times . And if the writings of the ancient Fathers , & the Godlie , & approved lawes of Iustinian the Emperour might be admitted , as once they were offered , to decide the controversie betvixt us , we know what Would become of this part of the Discipline . The authoritie of the Church , warranted by the holie Scriptures is sufficient to justifie them , & us in this observance ▪ Nor were the Scots so fallen out with these abominations , but that they let them stand in the Calendar before their Liturgie , &c. And there were a people in Scotland which , in the Bishops dayes , did celebrate those feasts , Therefore ever since they have not shewed such readie obedience to that direction of the Discipline . See the Bishop of Brechen's defense of the Perth Articles . Your farre-fetecht comparison accidentallie improves the Bishops knowledge by a seasonable experiment , Who findes the Disciplinarian barbarismes in Scotland as monstrous as any he ever read of in Iapan , & your nullities in religion as many as Vtopia hath in policie , or nature . If your thoughts had not been rambling so farre for recruits to your malice , you might have been furnish'd with truth nearer home , which His Lordship brings nnto your doore . As fine as here you make your selfe for the triumph , out of every wing you plucke , you will by & by be at a losse for your victorie , & must then weare your blew cap without a feather . For ( that you may know my meaning ) His Lordship can afford you no such pretie thing as the antichronisme you lay hold on . He sayth not , That statute of treason was in being in the yeare 1580. And his Printer you might see , had done him so much right as to set a number 4. yeares older directlie , against the place where it is mention'd . His Lordships words are these Which ridiculous ordinance was maintain'd stiffelie by the succeeding Synods , notwithstanding the statute , That it should be treason to impugne the authoritie of the three Estates . The plaine sense whereof is this , The succeeding Synods to the yeare 1584. maintain'd it stiffelie . And not onelie they but likewise the succeeding Synods afterward , notwithstanding the statute then made , That &c. Yet , not to be too literal , That there should be three Estates , to whom your brethren presented their Assemblie Acts as they did , by the King & them to be confirmed , even before the yeare 1580. & yet , That to impugne the authoritie of the three , estates or to procure the innovation , or diminution of any of them , should have no statute nor law to make it , at least interpretative , treason , is a peice of politikes that Iapan , nor Vt●…pia , will never owne , nor any man that is civiliz'd in submission to government beleeve . The businesse of appeales we are to meet with in the chapter following , & so farre you shall have leave to travaile with the counterfeit credit of that untruth . What you make here such a positive consent of Lundie the Kings Commissioner in that Assemblie , even now went no farther then a suspense in silence , where all you found was , That it appear'd not he apposed . And how that might be I there gave you my conjecture . In the next Assemblie 1581. the Kings Commissioner Caprington was not so hastie to erect in His Majesties name Presbyteries in all the land . The businesse was this , The King sends him , & Cuningham with letters to the Assemblie at Glasgow , to signifie , That the thirds of the Ecclesiastical revenues , upon the conference had between his Commissioners , & those which they had before sent from Dundee , were not found to be the safest maintenance for the Ministrie , they having been so impair'd in twentie yeares before , that nothing of certaintie could appeare ; That thereupon had been drawn a diagrame of several Presbyteries , whereby a division of the greatest parishes was to be made , & a uniting of the lesse to the end that the Ministers might be with more aequalitie maintained , and the people more convenientlie assemble'd ; That His Ma●…estie had determined to sent letters to several of his Nobilitie in the Countrey to command their meetings , and counsel here about . This he did not till the next summer , nor was any thing effected diverse yeares after . The conventions of the Ministrie were to be moderated by every Bishop in his Dioecesse , who was , by agreement , to praeside in the Presbyteries with in his limits . So that the modelling Presbyteries was onelie for setling a convenient revenue upon the Ministers , & so farre was it from abolishing Episcopacie , that the Bishops were to have the managing the affaire . It would not have cost you , nor your printer , much paines to have put in what hapened before the yeare 1584 The opposition against your abuse hereof by the Bishops Montgoinerie & Adamson ; His Majesties discharging by proclamation the Ministers conventions , & Assemblies under paine to be punished as Rebeils , publishing them to be unnatural subjects , seditious persons , troublesome & unquiet spirits , members of Satan , enemies to the King & the Commonwealth of their native Countrey , charging them to desist from preaching in such sort as they did viz. against the authoritie in Church causes , against the calling of Bishops , &c. removing , imprisoning , inditing them , &c. Which put you upon the desperate attempts of surprizing and restraining His Majestie 's person , whereof otherwhere . So that the King , you see , had very good preparatives to purge his Kingdome of such turbulent humours , before Captain Stuart put him in minde to make use of that physike . Which Captaine Iames was no such wicked Courtier , when the saints in behalve of the Discipline , set him up to justle with Esme Stuart Lord Aubignie for the nearest approach unto Royal favour . This Parliament 1584. was summon'd with as loud a voyce as any other , & was as open as the sun at Edenburgh could make it . Nor was Captain Stuarts crime about it such as to denominate his exile the vengeance of God , which was wrought in the eyes of the world by your rebellion . Nor his death by Dowglasse's high way murder , aveng'd afterward in alike terrible destruction & that in Edenburgh high street , where sanguis sanguinem tetigit : bloud touched bloud , though I dare not , as you doe , judge for reward , nor divine such ambiguous cruelties for money : being no Priest nor Prophet , as you are to the heires of those bloudie soulders in Micah [ chapt 3. ] I dare not say that it either was the fingar of God , though he imploy not the hand of his power to restraine them . Rev. ........... these acts of his Parliament the very next yeare were disclaimed by the King , &c. Ans. They were not disclaimed the 21 of December the next yeare , when James Gibson being question'd for disloyal speaches about them before His Majestie & his Councel , very impudentlie told the King , he was a persecutour for maintaining them , and compar'd him to Ieroboam , & threatned he should be rooted out , & conclude that race . His confidence was in the returne of the banish'd Rebel-Nobles , who forced all honest men from the Court , possessed themselves of His Majesties person , & acted all disorder in his name . This was the regular restoring of Presbyterie , Which to say was never more removed to this day , in that sense , you must speake it , is to abuse the ignorance of some new convert you have got in the Indies , who it may be , at that distance , know not that , Bishops had the visible Church government in Scotland , for about theirtie yeares together , since that time . Rev. The Warners digression to the the perpetuitie of Bishops in Scotland , &c. Ans. The perpetuitie of their order in that Kingdome is no disgression in this place , where His Lordship shewes your practical contradiction in pulling downe Episcopacie with one hand , & yet seting it up , though under the name of Superintendencie , with the other . The sequestring their revenue , & altering their names , & pruning off some part of their power , he takes to be no root & branch ordinance , for the deposition of their office , or utter extirpation of their order . This he asserts to be the greatest injurie your malice could ever hitherto bring about , & therefore goes not one step out of his way to let you know . That Bishops have been perpetual in your Church , Nor doe you out of yours ( but keep the same path of truth you began in ) in acquainting us with the antiquitie of Presbyters , who , it should seem are terrae filii that sprung up in Scotland , like so many mushromes , the next night after Christianitie came in : Though he that is read in your opinions & actions , will take it for granted that you must pay the acknowledgement of your Presbyterie to the Sanhedrin , & your sects conversion to the Iewes . If you will impudentlie crowd it into the companie of the first Christians that came into Scotland , you can not denie but that for some part of the Centuries you speake of , it was confin'd to the monkes colls , never came to clamour at the Court & the poore Culdiis , with a great deale more humilitie & pietie , then the Covenanters , caried it in their cowles . Rev. .......... & after the reformation there was no Bishop in that land . Ans. The reformation you meane , began the day before , or after the Greeke Calends , & if you will helpe me to an account of the one , I shall know how to order the aera of the other . Many yeares confusion there was of Poperie , Presbyterie & Superintendencie . The reform'd Episcopacie could never get ground till King James set it forward , & then it went not far before it met with your violent encounter by Sword , & Covenant , which never suffered the crowne nor Miter to stand long unshaken , till both were held up by the Armes of England , & the Kings person secure at a distance to command you . That ever such a thing as reformed Presbyterie according to the Canon in your Discipline , had the free positive consent of King , & Parliament ( without which it can not legallie passe for the Religion of your Kingdome ) I denie to be visible any where in your storie . Rev. ...... till the yeare 1610. Ans. That yeare did indeed complete the Episcopal power , which King James had by degrees piouslie , & industriouslie promoted many yeares before . Rev. ........ When Bancroft did consecrate three Scots Ministers , &c. Ans. A brother of yours tells us they were consecrated by Bishop Abbot : As evil as their report was the men were not so bad , as their names need be in charitie conceled . They were Iohn Spotswood , Andrew Lamb , & Gawin Hamilton , Bishops of Glasgow , Brechen , & Galloway . Who enjoy now their reward in heaven for the reviling they had on earth , it being for Gods sake & his Church ] according to our Saviours promise , St. Matth. 5. 11. The first was a man for zeale to the Church , fidelitie to the King , prudence in Government , & constancie under affliction singular , & inimitable , & indeed for his excellent gifts onelie hatefull to the Disciplinarians , though especiallie because he through long experience was of all Scotish men best acquainted with & ablest to detect their crosse wayes to the King & all Soveraigne Magistracie . He died piouslie , & peaceablie at Westminster in the second yeare of this rebellion , & was buried in the Abbey Church . The second was a great & affiduous preacher , even when he was blinde through extreme age , He also died in peace , & with the good report of all , except these calumniatores , who hold that no Bishop can be an honest man , & whose invention is so rich of nothing as reproaches against better men then themselves . The third was a reverend Praelate of great parts , & singular learning , a most constant preacher who lived in peace , & died in his bed . Rev. ...... that violent Commissioner the Earle of Dunbar . Ans. His violence did not carie him beyond his Commission , & because he executed that upon the rebellious Aberdene Assemblers , & would not take off some of his kindred or acquaintance who were in the jurie , that deliberatelie cast them in their verdict , nor intercede for their stay in Scotland , being desir'd ; you here meet with him at the Synod of Glasgow . Which being at large prov'd legitimate in every circumstance required by law , is in vaine condem'd as null by your faction . Nor was it corrupt in any more then three members of about 140. who being rotten drop of from the close union & harmonious suffrage of the rest , Rev : ........... got authorized in some part of the Bishops office . Ans. I hope you will not denie that Bishops were authorized to ordaine in this Synod . And into how many particulars their power of jurisdiction was branched your brother very pittifullie complaines ......... jurisdictio in omnibus offendiculis , sive in doctrina , sive in moribus .......... Armantur ..... potestate exauctorandi ministros , suspensionis censuram ir●…ogandi , excommunicationem decer●…endi , &c. you may reade the rest , & then tell us what part of their office was left out . Rev. Superintendents are no where the same with Bishops , much lesse in Scotland . Ans. That they are aequivalent to Bishops is evident by the conformitie in their offices , & power . The particulars whereof His Lordship recites out of the fourth & sixt heads of your 1. Book Discipl . To which upon my Review I could adde some more , if those were not enough . Their ambulatorie commission , was no other then our Bishops ambulatorie visitation . If your onelie in the time before have any influence here , & exempt them from all duties in their visitation , bu●… preaching the word , &c. you cut of three parts of their injunction in the Discipline . If they were onelie , as you say , for a time , it concernes you to tell us where they ceas'd , & denie there were any since , or ever shall be more but upon some future new plantation in your Churches Being pressed about obtruding your Discipline , you tell us . For the E●…clesiastike enjoyning of a general Assemblies decrees a particular ratification of Parliament is unnecessarie . Which holds not where the particular decrees of your Assemblie transgresse the general intent of that Act whereby you are authoriz'd to meet . That relates to the times and matters to be treated of . In the former you are limited to custome , or praescription . In the later to the doctrine , & discipline receiv'd . Which are therefore ratified in such Acts together with your Assemblies , Presbyterie & Sessions , that obedience might be render'd upon the visible conformitie of your decrees , & injunctions to that rule . But to make any Act of Parliament so general as to ratifie at adventure all possible arbitrarie commands of your Assemblie to the altering of the doctrine or discipline established , were to praecontract affinitie with all sects , & haeresies , & to enter into an implicite league , or Covenant with the Devil about his worship , so it may be de futuro ad placitum Synodi generalis . Let me put this case , suppose a general Assemblie should , by an Ecclesiastical decree , enjoyne the canons of that Antichristian government against which you praetend your discipline is framed . Whether or n●… is that injunction authentike upon the general A & of Parliament for their Assembling without a particular ratification thereof ? I might adde how ridiculous it is for you to make the power of your Assemblies so absolute , & yet trouble King , & Parliament so often with your importunate petitions to passe what is fullie ratified before , & that by their owne General Acts including that very particular for which you supplicate . The debates about the second booke of Discipline I beleeve : But that in the Assemblie 1590. the Kings consent to it was obtaind , I can sooner admit upon undeniable authoritie , then your Logike , you pretend not to the perpetuitie of His Majesties personal praesence which was but some times , & it should seem , not at that time of general consent . Nor is your Act for subscription so cleare in the assurance you give us that His Majesties Commissioner was there , you onelie take it for granted he was among the herd . Nor so explicite in his positive consent , you onelie collect it from a clowdie universal , & to serve your turne , honour him with a primacie in suffrage . Wherein you are a litle redundant in courtesie , there having been a time when if His Majestie , or His Commissioner siting in Assemblie should denie his voyce to any thing which appear'd unjust , & repugnant to his lawes , yet i●… that were concluded by most voyces , you would tell him he was bound jure divino to inforce obedience to your Act. The case , for ought I know , stood no otherwise here in this Assemblie . Where , to discountenance the testimonie you bring , you have been told long before now , That the superintendents of Angus , Lothian Fi●…e , &c. George Hayes Commissioner from the North. Arbuthmoth of Aberdene , & others were dissenters from this Act about the discipline , whereby His Majesties , or His Commissioners consent becomes somewhat improbable , to the authoritie whereof such men as they had in prudence submitted , if not in dutie by their silence . That States-men in Parliament oppos'd it is evident . That the King ever endeavourd to get it passe , is your single assertion . Neque usquam fictum , neque pictum , neque scriptum . If your Church did , it was for want of worke , for you told us even now , To this a particular ratification of Parliament was unnecessarie . What the Bishops opinion is about the p●…trimonie of the Chuch , how farre , & by whom , & what part of it may be lawfullie alienated , when just occasion is given , I praesume His Lordship freelie , & faythfullie will declare . In the meane time his chalenge against the Scotish Presbyterians is without hypocrise , & injustice , Himselfe & many other good Prelates having ever aesteem'd it a fault , to call the annexing some part of the Church revenues unto the crowne a detestable sacriledge before God. Nor can Mr. Baylie instance in any indefinite disputes , including all that hath been , or shall be given to the Church , that have hapened since the first reformation between the Kings , of England & their Bishops . Who had they found their Princes rapacious sequestratours , would not have failed in their dutie modestlie to admonish them of the danger , yet had it , may be , abstained from calling them . theeves & murderers , peculiar termes characteristical of the Discipline-To which I thinke I shall doe no injustice , if I assert that the revenues of Bishops , Deanes , & Arch-deacons , of Chapellries , Friaries of all orders , together with the sisters of the seenes ▪ ( abstracting from the favour of Princes ) no more belong to the Scotish Presbyters , then they doe to the Mufties of the Turke . The intention of the doners having never been that such strange catell should feed in their pastures . Nor can M. Baylie shew me any law that makes him heir to Antichrist , or a just inheriter of his lands . Beside , methinkes the weake stomack'd brethren should take checke at the meate offered unto idols , & any silken sould Presbyter be too nice to array himselfe in the ragge●… of Rome , or be cloth'd at that cost that belong'd to the idolatrous Priesthood of Baal . But , it may be in the heate of Reformation , they went to worke with the coyning irons , which they more then once got into their possession , & with them altered th●… impres●…ion of the beast . And the mattokes & 〈◊〉 . Which other armes being wanting , they very often tooke in their hands , were , possiblie , onelie to turne up the Church land , & whereever crop had been reap't by Antichrist , that abominable glebe went downe to the center of the earth . What he talkes about the Praelatical jus divinum , & their taking possessions by commands from Court without a processe , requires his instance , & then he shall have his answer . In the interim he playes the hypocrite in a question : What if then , [ the Disciplinarians ] had gone to advance that right to all jusdivinum , when the Assemblie at Edenburgh did so April 24. 1576. But he sayth , all the Scots can be challeng'd for , is a mere declaration of their judgement & simple right in a supplication to the Regents Grace . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . These Scots judgement was not allwayes in righteousnesse , and their simplicitie in supplicates had many times more of the Lion then the Lambe . Witnesse that to the Queen Regent 1559. where they declare their judgements freelie as true & faithfull subjects , they tell her , yet this is the style of that declaration ......... Except this crueltie be stayed by your wisdome , We shall be compelled to take the sword of just defense , &c. ...... If ye give ●…are to their pestilent counsel . ...... neither ye , neither yet your posteritie shall at any time after this finde that obedience & faythfull service within this Realme which at all times ye have found in us . In the assemblies supplications to the Lords of secret Councel , May 28. 1561. the second article annexed to , which was for the maintenance of the ministerie , this . Before ever these tyrants & dumbe dogs Empire above us ....... we ..... are fullie determin'd to hazard life , & whatsoever we have recived of God in temporall things ........ And let these enemies of God assure themselves , That if your Honours put not order unto them , That we shall shortlie take such order , That they shall neither be able to doe what they list , neither yet to live upon the sweat of the browe . December 25. 1566. They order requiring instead of Supplicating & Churh censures to the disobedient . Their sixt head of Church rents in the first booke of Discipline runnes very imperiouslie upon the must . The Gentlemen , Barons , &c. must be content to live upon their just rents , & suffer the Kirke to be restored to her libertie . And Jul. 21. 1567. They tell them they shall doe it , & shall passe nothing in Parliament untill it be done . That ever any assemblie in Scotland did make any other addresse to the Parliament for stipends then by way of such humble supplication , I grant , ●…is a great untruth . Nor were onelie the thirds thus petition'd for , but time after time all tithes , rents , & whatsoever could be comprized under the patrimonie of the Church , were demanded as insolentlie as could be , which meetes me every where in their storie , as frequentlie as Mr. Baylies dissembling , & falsifying in his Review . In the last instance the Bishop denies not but there was a time when a kinde of Presbyteries was legallie approv'd & receiv'd , And this I presume he will admit to be after the Assemblie 1580. About which allreadie you have indeed alledged more untruth then you had authoritie to shew for it . I have given you as much as that you brought will beare . What His Lordship brings here is another discoverie . That you did erect them in your Assemblie Acts , & put them in execution , as farre as you durst , before any Parliament had pass'd them . And Synodicallie established such , as no Parliament had passed . For this he cites your Acts of several Assemblies , which you must either disavow , or unriddle what the mistake is you impute . Vnlesse you thinke good to save that labour , & confesse aswel as other your Brethren , what is so manifest in your storie . The particulars of your proceedings herein , Arch-Bishop Bancroft long since collected in his booke of Dangerous Positions ; Where he shewes how you not onelie acted your selves at home , but sent your emissaries into England to see the like practice there in the very face of Episcopal Government . What other reasons , beside the recalling the Church patrimonie , caus'd the refusall of your second booke of Discipline , I told you before . Which with the rest may suffice to the vindication of what the Bishop premiseth in proofe of the conclusion he makes That the Dissiplinarians by their practies have trampled upon the lawes , & justled the Civile Magistrate out of his Supremacie in Ecclesiastical affaires . His Lordship proceedes to his scrutinie of your doctrine , wherein if he yet be more happie , as you courteouslie tell us possiblie he will , I shall take you to have the spirit of Tires●…as , & having justlie lost your eye-sight for rash judging , to be now better at prophesying then reviewing . Which immediatelie appeares , by your wandring at noonday , & being at a losse for that which every man may finde in the very place cited by the Bishop . None are subject to repaire to this [ the National ] Assemblie to vote , but Ecclesiastical persons , &c. This His Lordship conceives to crosse the Kings supremacie , which being aswell Ecclesiasticall as civile , gives him a power of voting & presiding in Assemblies . Nor was there ever act of free Parliament in Scotland , old or late , nor any regular justifiable practice of that Church , but reserv'd this power to the King , & his deputed Commissioner , without being chosen member of any Presbyterie , or made a ruling elder in a National Assemblie , which your booke of Discipline calls the generall Eldership of the Kirke . Your hypercriticizing upon his thoughts ( while the spirit of divination comes upon you ) makes his Lordship no Super-Erastian in his doctrines . Though what transscendent haeresie there is in a moderate answer to the malice in your question ▪ any of your aequitable comparers may reade in what Vedelius , and Paraeus ( no heretikes I hope ) have published to that purpose , as the doctrine of all reformed Churches ; the one quoting Bellarmine the other Stapleton as proper patrons of the Sub-Erastian principles in the Discipline , & Vedelius , in his preface giving the world a caveat of the danger by the mischiefe it had brought upon England & Scotland in the yeare 1638. How opposite they were to the Disciplinarian language , & sense in that particular which the Bishop remonstrates , these single propositions can evidence . Mult●… magu est Christiani Magistratus non solùm apprehensivè , & discretivè , sed & definitivè de religione judicare ▪ Here a definitive vote is asserted to the Magistrate . ...... .. ad Magistratum pertinet judicium de religione , seu rebus fidei , & causis Ecclesiasticis ......... tum formaliter , tum objectivè . Hereby a formal judgement in religion is attributed . And this Doctor Rivet , who , I am told , is call'd , & reverenc'd in the French , & Dutch Churches as the Calvin of these times hath vouched under his hand to be the Catholike doctrine of the Reformed . If he had not , we are sure it was the primitive practice of the good Christian Emperours to assume it , to whom our conformitie is requisite . Of Constantine the great , who was personallie present in the Councel of Nice ; & is sometimes called koinono●… épiscopoumenon for his communite of suffrage with the Bishops . Of the Emperour Theodosius , who in the Councel of Constantinople sifted the several Confessions of the Arians , Macedonians , Eunomians , & as Brentius relates it , cast himselfe upon his knees , craving the assistance of Gods spirit to direct him in the choyce of what was most consonant to the doctrine of the Apostles . Which epicrisis , or completive judgement , submitted unto by the Ancient Synods , had these authoritative termes to expresse it . ●…ebaioun , ●…pipscphizesthai ▪ ●…pisphragizesthai , cratinein , cratioun , epikyroun , tà pepragmen●… , To the exercise hereof the Discipline of your Reformed Brethren in these Countreyes not onelie admits , but craves the presence , & suffrage of Delegates from the supreme Magistrate ; without which their Synodical Acts are not establish'd . Quin etiam summi Magistratus delegati sunt postulandi , ut in ipsorum praesentia eorumque suffragio Synodi Acta concludantur . Nor did K. James any more in the Conference at Hampton Court , then when in freedome . He would have done in any Scotish Presbyterian Assemblie , though he hated the name & thought of the thing , when somewhat was propounded that did not like him , put it of with Le Roy s'avisera . Rev. Yet the most of the prelatical partie will not maintaine hīm heerin . Ans. Bishop Andrewes will in his Tortura Torti & Bishop Field ( whom your friend Didoclave calls Hierambicorum eruditissimum ) in his volume of the Church , beside many others . And possiblie those that seem to be opposite may be reconcil'd , if you have the maners to let them state the question among themselves . The chiefe case wherein they [ not you ] instance of L●…ontius Bishop of Tripolis in his answer to Constantius the Emperour may be attended with circumstances which may terminate the dispute , if not , we must not take it on their word , that , for that , as well as his other more regular demeanour he is own'd by Antiquitie to be kánonecclesias , as Suidas records , The rule of the Church . However , it behoves you to cite your lawes to which the Bishops assertion is contrarie , And I shall cut you short of that pompous traine which your vanitie holds up in the universal of all the Princes that have lived in Scotland , & confine you to two , ( the rest being by their Religion unconcern'd in voting ( though not in permitting ) any Disciplinarian decrees ) King Iames , & the holie martyr King Charles the first , who I hope you have not the impudence to say ever made profession so derogatorie to their right . In what followes you practise over the fisher-man in the fable , from whom you know , that unlesse you trouble the water it is in vaine for you to cast in your net , & if you catch nothing for the Discipline you must sterve . The whole paragraph is naught but a malicious seditious inference of your owne , whereby you affixe an odious sense to the dutifull attributes of Royal prerogative , & your owne guilt causing a trembling in your joyuts at the thought of a scepter , you buselie creep under the protection of the club . The name of Parliament you make but a pandar to countenance the wanton license of your Assemblies , & the great seale you would have set to , nothing but an indenture of the Crownes perpetuall servitude to your Synods . The Prelares Cabin divinitie ▪ which sea language you 're in love with since your voyage into Holland ) came often above deeka with very innocent loyal intentions long before these times of confusion , which your Consistorian divinitie hath wrought , And though you take your selfe to appeare as ominous as Caster without his brother in the shrowd●… , it feares no shipwracke by any storme you can raise , nor lookes through your cleare prediction upon its ruine . You have not hitherto found such a fate in your words as to produce a consequential necessitie of the banishment of Marquisses & Bishops from Court , though divine justice may hereafter inspire our Soveraigne to returne this judgement upon your heads , who are ever breathing murder , & exile into his eares . For while such popular Sicophants , as you , are suffered to live in any Monarchs dominions , neither can the People be secure of their peace , nor Princes of their lives . K. Iames spake it plainlie , when he sayd , A Scotsh Presbyterie as well agreeth with Monarchie , as God & the Devil ▪ Such Reviewers who looke but halfe way home into the original of crownes , are cleare everters of the first foundation of Kingdomes , which made Kings some what more then fiduciaries of the people , whose solid peace consisted in an humble active submission to their just commands , & a Christian quiet passive obedience if tyrannicallie imperious . This to be sure would keep the best part , if not the best partie , from ruine , till the high hand of heaven over ballance their temporall sufferings with an aeternitie of reward , where no malecontentment can be to come . To the second challenged principle your answer is very slight , & impertinent . And would I undertake a farre more unpleasing imployment then Phocion had in chiping Demosthenes , for which he was call'd kópi●… ton lógon , I should make a slender instrument of your review , there being beside the extravagancie of your railing language , your malicious enlargements in false commentaries , diverting your Reader from the genuine orthodoxe meaning of the text , drawing him into an intricable labyrinth of jealousies & feares , the chimaerical brats of your owne braine ; which you would faine lay at other mens doores , scare sixe pages in your booke that are a direct answer to the Bishop , which I can not impute to your ignorance , but your cunning , who feeling your selfe held closse by the necke in the letter of your lawes & Assemblie Acts , would very faine winde your selfe out of the controversie , or run away with it into any Church , or Countrey but your owne . In this paragraph the Bishops citations prove what he intends ( nor dare you , I see , denie what you are too conscious you maintaine ) It having never been your practice , but when you could not doe otherwise , to wait the Kings , or Queens call for your Synods . In the yeare 1561. Knox writes expresselie , That gladlie would the Queen & her secret Counsel have had all the Assemblies of the Godlie , ( that is the Rebellious Disciplinarian ) discharged . They notwithstanding make a convention , the businesse comes to dispute , Mr. Secretarie Leshington makes a doubt whether the Queen allowed it or no , to whom was this answer returned . If the libertie of the Church should stand upon the Queens allowance , they were assured not onelie to lacke Assemblies , but also to lacke the publike preaching of the Euangel . In the beginning of your late commotions the Historian that so officioussie styles himselfe the Parliaments Secretarie mentions a writing publish'd by you , wherein you affirme . That the power of calling a Synod , in case the Prince be an enemie to the truth , or negligent in promoting the Churchs good , is in the Church it selfe . And that the state of the Church of Scotland at that time was necessitated to such a course . Nor doth your Disciplinarian doctrine make the Christian Magistrate any more then your Bayliffe to take up your rents , or the Captaine of your guard to defend you ( Vedelius renders it ●…n more harsh language .......... faciunt ex iis [ Magistratibus ] mancipia , imò lictores & curnifices Episcoporum seu Ministrorum Ecclesiae ) To advance the Kingdome of Iesus Christ. ..... To defend it against all that would procure its hurt ........ To ●…ssist & fortifie the Godlie proceedings of the Kirke in all behalfes ......... To see that the Kirke be not invaded ........ To hold hand as well to the saving of the Ministers persons from injurie & open violence , as to their rents & possessions . Finallie , not a word is there in all that chapter or booke that asscribes to him à syllable of this power , So that the King may call a Synod when , & whersoever he thinke fit , & if the toy take you in the head to anticipate , or procrastinate his time , you will assemble when , & wheresoever you please for you tell him he ought to heare , & obey your voyce . And your friend Didoclave averres this to be a businesse that hath no absolute dependance upon him , Non absolute , & simpliciter pendere a Christiano Magistratu . If when you have a minde to meet he prohibites , that must make no demurre , non cunctandum est , non cessandum ab officio ...... For this you pretend an intrinsecal power touching which I demand what it is , when , where , & how farre to be exerciz'd . What old or late dutifull Christians did use it when any Christian King did forbid it . Who of the Praelatical partie they be that maintaine it in their writings or practice , for I know none that in either extend it to a like latitude with you . And how manysoever you have of the Papists , all the Popes are not of your side . Leo confessing that he had not power to call a Counsel but the Emperour , no●… durst Liberius call one against Constantius pleasure . The necessitie you frame of meeting for the execution of the Discipline even in times of persecution may have reference to an heathen Magistrate or Christian. If to the former , you doe it either in confidence of your power to resist him , in that rebellion , wherein how are you justified ? Or else you runne desperatelie upon your ruine , which is selfe murder no martyrdome , for Quis requisivit ? by what praecept , or counsel is it required at your hands ? If to the later , there may be at least a fallibilitie in your judgements , if not an obstinate perversenesse in your will. Et quis vos judices constituit ? who made you , that are parties , Arbitratours ? If at any time the ancient Christians assembled , it was where no Imperial edict restrain'd them . And then the learned Grotius tells you , Non opus fuisse venia , ubi nulla obsturent Imperatorum edicta . What private conferences they had in the times of heathenish persecution , you know by their apologies were voy'd of suspicion , which yours never were , but anomia ergapiria the very shops or Laboratories of rebellion . The Church is not dissolv'd where dissipline's not executed : if it were , it should be , where it is , at the pleasure of the Magistrate , suspended . To imagine a final incapacitie of meeting , by perpetual succession of Tyrants hath litle either of reason or conscience , it assaults the certitude of fayth in Gods promises , & advanceth infidelitie in his providence . But to give you at length your passe from this paragraph . Such as you , in a schismatical Assemblie , may , & have frequentlie in Scotland pinn'd the character of erroneous upon an upright Magistrate , & a Disciplinarian rebell to save his credit call'd a Royal moderate proclamation a tyranous edist . The Bishops third allegation you finde too heavie , & therefore let fall halfe of it by the way . You have too good a conceit of your Parliaments bountie , though had they been as prodigal as you make them , it litle becomes you to proclaime them bankrupts by their favour : Their Acts were allwayes ratified by your Princes : any which , & whom tell me one wherein this right Royal was renounc'd of suspending seditious Ministers from their office , or if cause were , depriving them of their places . It were a senselesse thing to suppose that the Bishop would denie to the Church a proprietie to consult & determine abo●…t religion , doctrine , haeresie , &c. Yet its likelie His Lordship allowes it not in that mode which makes her power so absolute as to define , consummate , authorize the whole businesse by her selfe . He hath heard the King to be somewhere accounted a mixt person , & thinkes it may be that the holie oyle of his unction is not onelie to swime on the top , & be fleeted off at the pleasure of a peevish Disciplinarian Assemblie , but to incorporate with their power . The lawes of England have not been hitherto so indulgent of libertie to our Convocation , but that the King in the cases alledged did ever praedominate by his supremacie . And the Parliament hath stood so much upon priviledge , that if Religion fetch'd not her billet , from West-minster , she could have but a cold lodging at St. Pauls The booke of Statutes is no portable manual for us whom your good brethren have sent to wander in the world , yet I can helpe you to one An. 1. Eliz. that restor'd the title of supreme to the Queen , & withall provided , that none should have authoritie newlie to judge any thing to be haeresie , not formerlie so judged , but the High Court of Parliament , with the assent of the Clergie in their Convocation . Where the Convocations assent , by the sound , should not be so determinative as the Parliaments judgement , which ( right or wrong ) here it assumes . As touching appeales ( because you will have somewhat here sayd , though it must be otherwhere handled ) No law of Scotland denies an appeale in things Civile or Ecclesiastike to the King. One yet in force enjoines subjection unto them , the Act of Parliament in May 1584. which was , That any persons , either spiritual or Temporal , praesuming 〈◊〉 decline the judgement of His Majestie , & His Councel , shall incurre the pain●… of treason . What you , call a complaint is in our case an appeale , what taking order , is executing a definitive judgement , without traversing backe the businesse to Ecclesiastike Courts , or holding over the rod of a 〈◊〉 power to awe them into due regular proceedings . I confesse this the Presbyters in Scotland never made good by their practice . Their appeales were still retrograde from the supreme Magistrate , & his Councel to a faction of Nobles , or a seditious partie of the people . Such is that of Knox , printed at large . Or which in effect is the same . The Scotish Assemblies , when they had no power , appeald to providence , when they had whereupon they might relie , unto the sword . In case of Religion , or doctrine , if the General Assemblie , which is not infallible , erre in judgement , & determine any thing contrarie to the word of God , & the sense of Catholike Antiquitie , the King may by a court , of Orthodoxe Delegates , consisting of no more then two or three ( Prelates if he please ) receive better information of truth , & establish that in his Church . Or , which often hapens in Scotland , If the Presbyters frame Assemblie Acts derogatorie to the rights of his Crowne , & praejudicial to the peace of his people , the King may personallie justifie his owne praerogative and keep the mischiefe they invented from becoming a praecedent in law . This doth not the word of God , nor any aequitie prohibite . The judgement of causes concerning déprivations of Ministers in the yeare 1584 you would have had come , by way of appellation , to the General Assemblie , & there take final end ; but this you could not make good within yourselves , nor doe I finde , upon your proponing & craving , it was then , or at any time , granted you by the King. Two yeares before , you adventurd not onelie for your priviledge in that ........ but against the Magistrates puting preachers to silence ....... hindering , staying , or disannulling the censures of the Church in examining any offender . Rev. In the Scotes Assemblies no causes are agitated but such as the Parliament hath agreed to be Ecclesiastike , &c. Ans : If any Parliament have agreed all causes of what nature soever , to be Ecclesiastike by reduction , & so of the Church cognizance , you have that colour for your pragmatical Assemblies : but if you admit of any exception , you have for certaine transgressed your limits , there being no crime , nor praetended irregularitie whatsoever , that stood in view , or came to the knowledge of the world , that hath escaped your discussion , & censure , & not been serv'd up in your supplicates to be punished . Rev. ....... No processe about any Church rent was ever cognosced upon in Scotland but in a Civile Court. Ans. Your imperious , though supplicatorie , prohibition 1576. I allreadie mention'd . In the Assemblie at Edenburgh , April 24. 1576. You concluded ........ That you might proceed against unjust possessours of the patrimonie of the Church ...... by doctrine , & admonition , & last of all , if no remedie be , with the censures of the Church . In that at Montrosse June 24. 1595. About setting Benefices with diminution of the rental , &c. you appointed Commissioners with power to take oaths , call an-inquest of men of best knowledge in the Countrey about , to proceed against the Ministrie with sentence of deposition . Master Tho. Craig & the Solicitour for the Church to pursue the Penssionars in Caitnes for reduction of their pensious . If in no particular you actuallie proceeded to Church censure●… , It was because you foresaw they would not restraine the corruption no more of the laitie , then the Clergie , & then your menasing petitions sometime obtein'd strength from some partial , or pusillanimous Parliament ; or when you praevail'd not , you wrapt this up with the rest of your discipline , & put all to the processe of a warre . And this was , you know , the mysterious sense of Knox's method ; upon good experience , praescrib'd on his death bed : First protest , then denounce vengeance , & then to the execution thereof seeke redresse of God & man. Of God by fasting , as you did order for this very cause ( wasting of the Church rents without remedie ) in the Assemblie at St. Andrewes 1582. Of man , by rebelling , which you practis'd no●… long afterward . With which godlie advice that saint shut his teeth , & departed if not ( after a minutes repentance as I hope ) in litle better peace , then he had liv'd . To what followes in the Bishops charge , the legislative power they praetend to , To make ●…ules , & constitutions for keeping good order in the Kirke . To abrogate , & abolish all statutes & ordinances concearning Ecclesiastical matters that are found noysome , & unprofitable , & agree not with the time , or are abused by the people . And all this without any reclamation , or appellation to any judge Civile , or Ecclesiastical , we have not one word in answer from Mr. Baylie . And indeed being taken up so much with his seemings , & fallacious apparences , he may sometimes overlooke the realities of what allegations he dislikes ; for this indeed he had very good reason , knowing the natural , & inseparable connexion to be such between it , & the power of jurisdiction , that to whomsoever belongs the supremacie of the one , upon him necessarilie descends the praerogative of the other . For the fourth objection . If the Reviewer had minded the ill consequences upon the antecedent of Ecclesiastike jurisdiction by divine right , he would not have held that conclusion at large without professing an infallible assurance that it is haereditarie to the Presbyterie . Some danger there may be of drawing after it an adaequate right in that ominous Episcopal order , which with no great difficultie may be prov'd from time , to time to have executed this jurisdiction he meanes . Howsoever this inconvenience he gaines by it , That , if it be such , it is indispensable , & turnes all the confessed indulgence of the Scotish Assemblies into sinne for Nulli homini licet cuiquam juris divini gratiam facere . What divines there have been in the world of another minde ( which are all except Donatus the haeretikes disciples among the rigid Papists , Anabaptists Scotish & Scotizing Presbyterians , who demand as boldly as their Master , ( Quid est Imperatori cum Ecclesia ? ) he may reade ( though I looke not that he , nor all his brethren should muster up abilities to answer ) in the nineth chapter of the fore-cited famous Grotius's booke . Vnder the safe conduct of whom the Bishop may travaile with the truth of these contradiction●… about him through all the Assemblies highway men of the Scots . That all Ecclesiastike power flowes from the Magistrate ...... 〈◊〉 Ecclesiasticos judices per Archiepiscopos & Episcopos derivata a Regia potestate jurisdictio Ecclesiastica consistit . That the Magistrate may praescribe a rule how Ecclesiastike censures should be regulated , & in case of resistance , see them executed by his power . Constitutum fuit eis ergon tà krinomena parà ton episcopon agein tous archontas kai tous diaconoum●…nous autois stratiotas . That all the officers praetended to be appointed by Christ for the Government of his Church , if they governe it not according to his , & Apostolike example , may be lay'd aside , & such a kind of Governers be put in their place as the Magistrate shall be pleased to appoint , as more just , & upright stewards in that trust . Non frustra gladium gerit potestas , sed vindex est in omnes male agentes , ergo etiam in eos qui circa 〈◊〉 delinquunt ...... Iurisdictionis enim est re●…egare è loco sive in locum .. .. .. That it is not yet universallie , & unquaestionablie defin'd that the spiritual sword , & Keyes are in any other then the hand of Christ. Nor that ever his Apostles , & Priests layd claime to an absolutelie intrinse●…al right to execute the power of either Vtinam exscindantur qui vos perturbant . Videtur non imperantis sed optantis Apostoli , That for the sword . Sacerdos quidem officium exhibet sed nullius potestatis jura exercet . That he cites out of St. Ambrose for the Keyes , him I cite , but doe not , being not oblig'd , assert any thing . Your difference herein . ( I meane the power of the Magistrate ) from the Warner is Donatisme an haeresie so great as deserv'd , it seemes , to be anathematized by the Catholike Church your practice schisme , whereby you rend your selves from the Congregations of all the Reformed , as Vedelius hath shew'd you , And whether it be not rebellion by your lawes , I leave to the verdict of your 15. Godfathers , who gave it in to be such against your differing brethren at Aberdene . Had Mr. Baylie in his answer , to what he calls the last challenged principle , tooke upon him to alter that axiom in Ethikes , & make it , Nolenti non fis i●…juria , the dispute had been onelie whether his authoritie , or Aristotles ; should have caried it , But when he deletes the commentarie upon it , he conjures the sense into a circle of his owne by such language as none but himselfe , & his spirits understand , Indeed for a madman to have his hands bound , who , were they at libertie , would doe himselfe mischief , For a sicke man to have physike forc'd into his stomake , which may worke his recoverie , otherwise desperate , if his aversion be countenanc'd , may be courteous violence improv'd to their good ; But to contervene a Magistrates commands praetending punctual obedience thereby , if not an advancement of his power : To wrest the sword out of his hands , & disarme him for the securitie of his person ; is a piece of invisible justice , & a favour left by all law and reason to be whollie at the disposal of the Discipline . But in Scotland , you say , there is no such case , &c. Which must relate to mater of fact , or right : If to the former , I must crave libertie to averre , That scarce any one of your Synods proceedings was ever freelie justified by the consent of the Magistrate for the time . That most were not , I have , & shall sufficientlie prove here , & otherwhere . If to the latter , your selfe confesse that your booke of Discipline ( which includes the jurisdiction you have ) could not passe the Parliament 1590. Nor can you make appeare where ever after it did with an exception onelie against the chapter ▪ De Diaconatu . In what followes , you praetend too much acquaintance with the King , to know what His Majestie ●…ontroverts in his thoughts , with whom , I have hear●… , your late treatie was not so particular & closse as to make what discoverie you wished , & aim'd at , And what you did is not so authoriz'd as to strengthen your proofe , His Royal , & too gracious concessions having met with such unworthie , imprudent , refusal by persons , through habitual rebellion , not yet disposed to their good . As touching the case which the Bishop intimates , I can not wonder the account of it so odious as not to be met with by your answer , since it sets in your sight the horrour of your many yeares sinne , with the guilt of which you would gladlie runne into dens , & caves , or move the hills , & mountaines to cover you . In the meane time in vaine you hope to have any the ancient Christians companie , Who in times of their persecution never held publike Assemblies in their Edenburghs Imperial Cities , never arm'd themselves to maintaine the divine ordinance of the Discipline , Though , had they done it , litle would their praecedent availe you , the just imposition of a Christian King being very unlike the heathen Emperous persecution . Nor was the Presbyterie , that divine ordinance of Discipline , practiz'd by the perse●…uted in the wildernesse . Mr. Baylie in this time , by his affected diversions , & devious mazes , having run himselfe halfe out of breath , begins to thinke on the shortest way home , to finde which he takes a large leape over the hedge ( & by vertue of some Disciplinarian priviledge passeth , two whole pages of consequence unanswer'd . Perit libertas nisi illa con●…emnis , quae ●…ugem imponu●… ) yet not so cleare , but that one bramble hath catch'd him by the sleeve , & , if the truth were known , I beleeve , many more have prick'd him to the heart , for one of most danger I advise him to seeke out a timelie remedie , & stand to the charitie of his aequitable comparers for the rest . 't is that sharpe quaestion which the Bishope propounds . Who shall judge when the Church is corrupted ? the Magistrates or Church-men ? If the Magistrate●… , why not over you aswell as others ? If the Church-men . why not others aswell as you ? Mr. Gilespies Theorem . because prefsing such downright rebellion he , without any brotherlie love , leaves on the shoulders of a single Presbyter , & will not afford one fingar of the Presbyterie to ease him , though the tantamout be not so unconsequential as to need a stake to helpe it downe in a swallow , It being very well know'n that if Mr. Baylie should not tantamont in this businesse , the Assemblie brethren would give him a drench in the Scotish horne , & send him to grasse with the long-eard creatures , as being no fit companie for the late more rational rebells in a Synod . The consequence , if it must need be such , from one particular , denied by none , to a universal affirmative , as strange as it lookes , may be made good by the new Disciplinarian logike , Mr. Baylie himselve having more then once profess'd an identitie in the Scotish with the Reformed disciplines abroad , in the harmonie of which I finde such a canon as this . Si Minister donum habet aliquid ad aedificationem conscribendi , illud typis non mandabit , quin prius a classe examinetur . & probetur . From the Classe he knowes it takes a remove to the provincial Synod , & thence to the national Assemblie . Now if the Reviewer will not tell us in what Assemblie , Mr. Gilespie was censur'd , or this theoreme of his disavow'd , because it will be such a singular case as never was heard of , Rebellion disclaim'd in a Scotish Presbyterian Assemblie , otherwise then in a Catholike mist which never drops in any particulars , he shall have the reputation of catching this unconsequence for once . But as the Bishops sayth , Take nothing , & h●…ld it fast if he can . Beside he knowes there are many other such theoremes of Mr. Gilespies upon which the Bishop hath built many high accusations , which the Discipline must acknowlege , & must be meant to be of that number which had the approbatorie suffrages of the Vniversities in Holland viz. Leyden , & Vtrecht , or else he spake litle truth , and as litle to the purpose in his Epistle . Yet to helpe him to somewhat of better authoritie . He is desir'd to take notice , That the substance of this theoreme was not declin'd in a protestation made ( he knowes by whom ) in Edenburgh Parliament 1558. In the dutifull letter to the Queen Regent from the faythfull Congregation of Christ Iesus in Scotland 22. May 1549. In another from the Lords of the Congregation , 2. Jul. 1559. In an answer to the Queenes proclamation by the Lords , Baron●… , & other brethren of the Congregation 1559. In a declaration of the Lords against another proclamation of the Queenes 1559. To all these 't is undeniable that the Assemblies adhaer'd , or indeed rather the Lords &c , to them . In the Church Assemblie's supplication 28. May 1561. In the vote of the whole Assemblie 1563. In the Superintendents , Ministers & Commissioners letter to the Bishops , and Pastours in England they write , If authoritie urge you farther ye ought to oppose your selves boldlie , not onelie to all power that dare extol it selfe against God. but also against all such as dar●… burthen the consciences of the faythfull ( they mean'd the same opposition themselves made in Scotland ) In the seventh article fram'd by the Assemblie 1567. Beside what was very particularlie pressed by Knox in Sermons , Conferences , letters , &c. all acknowledge the sense of several Assemblies . But all these authorities are absolet , the several ends of such speaches , & actions being long since accomplish'd in Scotland . However , M. Baylie denies that the maxime i●… hand was the fountaine of any our late miseries , or the cause at all of the losse of our Soveraigne . Fati ista culpa est , nemo fit fato nocens . If he had but in kindnesse delivered his meaning at large , & quitted aswell his independent brethren of their bloudie performance in the fift act , as he doth the Presbyterian properties that caried on the rebellion in the foure first of the Tragoedie they might have masked merrilie together in their antike disguises of innocencie , & pointed out to some sillie credulous spectators the guilt of this horrid murder in the starres . But I shall reach him a ladder , where by he may ascend to the top of this truth , ( not aninch higher then Edenburgh Crosse ) & what else he wants when he comes there , to doe justice accordinglie as he shall be enlightned upon his owne selfe for his share in this maxime , & unpardonable mischiefe , The first step hereof begins neare the ground with the meane , & ●…aser sort of the people , who on the 23. Jul. 1637. when by his Blessed Majesties command , the service booke was to be read in Edenburgh Great Church , fell into the extraordinarie wayes of clapping hands , cursing , & outcries , throwing stones at the windowes , & aiming at the Bishop with a stool , Continuing this hubbub in the streets , bes●…tting the counsel house , whether the reverend learned , & worthie Bishop of Galloway was forced to flie for his refuge . Their outcries being commonlie such as this . God defend all those who will defend Gods cause , & God confound the service booke , & all the maintainers of it , of whom the King must needs be mean'd to be one , who had expressclie authoriz'd it . Vpon this follow two extraordinarie petitions , one in the names of the Noblemen , Gentrie , Ministers , Burgesses against the service booke , & booke of Canons , which being not answerd to their mind at Sterlin , & otherwhere , themselves in protesting did the same thing which they had call'd the ●…proare of raskals at Edenburgh . From protesting they mount up to covenanting , & by that engage multitudes of people to attend them at pleasure in affronting His Majesties Commissioner . With whom when they came to capitulate they gave this extraordinarie answer , That they would rather renounce their baptisme then Covenant ( good Christians ) or abate one word or syllable of the literal rigour of it . If Mr. Baylie hath any minde to goe farther , I shall desire him to step up beyond the preachers perswading the people to arme themselves & to meet in the streets ( dutifullie ) to enter●…aine His Majesties proclamation . Their protestations against that & the rest , ▪ with such loyal expressions as this . That if the King will not call a general Assemblic , which shall allow of their proceedings , they themselves will. Their branding the subscription of their owne confession of fayth with the most hideous , & horrible name of the very depth , & policie of Satan . Their ▪ pulpit imprecations , God s●…atter them in Israel , & divide them in Iacob , who where the authours of this scattering , & divisive counsel , of whom ( as s●…range as it seeme ) the King againe must be principal . Their grand imposture in Michelson a mayd , about whom their Ministers cosin'd the people into an implicite fayth that she was inspired by God , & while she vented their devillish rebellion in her fits Rollokes blasphemous praetense for his silence , That he durst not speake while his Master was speaking in her . Another having these words in his Sermon . Let us never give over till we have the King in our power . Another , That the s●…arpest warre was rather to be endur'd then the least errour in doctrine or di●…spline . Their maintaining this position among the rest . That a it is lawfull fo●… subjects to make a Covenant & combination without the King , & to enter into a band of mutual defense against the King & all persons whatsoever : Their laying open the true meaning of their protesting , Covenanting , Arming , &c. That Scotland had been too long a Monarchie & that they could never d●…e well so long as one of the Stuarts was alive . Their raising an armie for their exti●…pation , & meeting K. Ch. 1. to that purpose in the field . Their renewing & continuing , the warre when their first designe had been obstructed by His Majesties unexpected , unwelcome grant of their demands . Their reasonable dealing with the King when he unhappilie made their Armie his refuge , by cheating his pious facilitie of his strength , & delivering up his naked person to their fellow Rebells , upon conditions litle coulorable in words , not at all justifiable in substance , & sense , Their laying chaines upon His Majestie , when a prisoner , & linking his crowne with iron propositions . Beside what was acted at Derbie house & otherwhere in the darke , & not improbablie agreed on at Cynthia's midnight Revells , when Cromwell was in Scotland . And all this under the fallacie of exstraordinarie refisting , reforming . And now let Mr. Baylie looke not up to the starres , but downe into the depth of hell , where that maxime was hammer'd before ever Gilespie fild it over , & see whether it were not the fountaine of all our miseries , & the cause of the losse of our late Soveraigne . The quaestion that followes about defensive armes ( though there hath been no such thing as a free Parliament , & without freedome 't is none ) I returne on himselve , & demand Did ever his Majestie , or any of his advised Counsellers , I adde , Did ever loyal Parliament in England , or Scotland , declare , or intimate in what cases , how extraordinarie soever , they thought it lawfull ? I retort this . The unhappinesse of the Disciplinarian Presbyters did put the seditious part of the Parliament on these courses , which did begin , & promote all our miserie And were so wicked as to the very last to endeavour to breake the bands asunder of reason , justice , honour & a well informed conscience , wherein His Majestie professed to the world the hand of God , & the lawes of the land had bound him . The peaceable possession of His Majesties Kingdomes depends not upon his Clergies conditionate consent to have Episcopacie layd aside . A handfull of Scots , with an hypocritical Assemblies benediction in their knapsackes , could they hold their wind when they got over Tweed , & swell up to the picture of Boreas in the face , would not be mistaken for probable Vmpires or over-ruling Elders , in the quarell . Nor can Mr. Baylie possesse any prudent men of the loyal lay partie , that , that order obstructs the King from his happinesse . Why it may not be layd aside the unanswerable reasons in the 9. & 17. chapters of Eik . Basil. His Royal fathers booke will abundantlie satisfie any man , that will rest in what he can not denie . Where he will finde enough of such devout Rhetorike , & Religious logike as this I must now in charitie be thought desirous to praeserve that Government in its right constitution , as a mater of Religion , wherein both my judgement is fullie satisfied , that it hath of all other the fullest Scriptures grounds , & also the constant practice of all Christan Churches , till of late yeares the tumul ●…arinesse of people , or the factiousnesse , & pride of Presbyters [ Reviewe that Mr. Baylie ] or the covetousnesse of some States , & Princes gave occasion to some mens wits to invent new modells , & propose them under specious titles of Christs Government , Scepter , & Kingdome ( which are the Scotish titles as I take it ) the better to serve their turnes , to whom the change was beneficial . The reasons that convinc'd the Royal Father have so confirm'd the Royal Sonne His Majestie now being , that Mr. Baylie dares not say ( what he so praesumptuoussie intimates ) that he ever asked the consent of his Canterburian Praelates to the alteration of that government . If , without asking they spontaneoussie spake their conscience in due , season , there was litle boldnesse in it , & as litle in printing , which hath been often as much , & more at large , in volumes about the unlawfullnesse of subjects taking up of armes , where Parliaments have unanswerablie been proved to be such , though the name of tyrannie is very unhandsomelie , unjustie , maliciouslie used in this case , & let him speake out if he meanes to attribute it to the King. CHAPTER III. The last appeale to the supreme Magistrate justifiable in Scotland . THe Bishop consider'd that the Kings supremacie is the same in Scotland , as in England , & upon that grounds the aequitie of ultimate appeale . The al●…issimò either of the Parliament , or Assemblie puts them not above the capacitie of Courts , & so makes them not coordinate with the King. What allayes you have for government I know not , & therefore can not close with you in the terme , till you give me an undisputable definition of the thing , which you call a moderat●… Monarchie , & tell me in what part of the world I may finde it , I know of none any where yet that inhibites appeales to the Kings person , If the Empire may be the standerd to the rest , the learned Grotius , that had better skill in the lawes , then you , or I , sayth . That in causes of Delegacie semper appellatio consessa fuit ad Imperatorem , si ex Imperiali jussione judicatum esset , aut ad Iudicum quemcunque , si ex judiciali praecepto , which holds good against your general Assemblie , if that judgeth caregali jussione ▪ & that it doth so is cleare from your Assemblie Act , April 24. 1578. wherein it petitioneth the King to set , & establish your policie , a part whereof is your Assemblie judication . That it is , for the most part , order'd to the King in his Courts , is not any way to confine his power , but to free him from frequent impertinencies , & unseasonable importunities of trouble , or , it may be , a voluntarie , but no obligatorie , Royal condescension , to avoyd your querulous imputation of arbitrarie partialitie , & tyrannie in judicature . Therefore you injure the Bishop by converting his assertion into a negative confession , As if when he sayth it is to the King in Chancerie , he must needs acknowledge . It can be neither to the King out of Chancerie , nor to him there but with collaterall aequipotential Assistants . Whereas your friend Didoclave complaines that our appeales are ever progress●… ab unico ad unicum , wherein , whether he mean'd an aggregate , or personal unitie , I leave you to interpret . That an appeale is not permitted from your Lords of session , or Parliament in Scotland , is because whatsoever is regularlie determin'd there receives its ratification from the King. But if one , or other in their session without him , should determine a case evidentlie , undeniablie , destructive to the rights of his crowne , or liberties of his people , whether His Majestie may not admit an appeale , & assume his coercive power to restraine their license , I thinke no loyal subject in Scotland will controvert , As touching your Assemblies , King Iames tells you , It is to be generallie observed that no priviledge , that any King gives to one particular bodie , or state within the Kingdome of convening , & consulting among themselves ( which includes whatsoever they doe when they are convened , & consulting ) is to be understood to be privative given unto them , & so the King thereby depriving himselfe of his owne power , & praerogative , but onelie to be given cumulative unto them ( as the lawyers call it ) without any way den●…ding the King of his owne power , & authoritie . This His Majestie alledged against the Ministers at Aberdene , whom he accuseth not onelie of convening , but acting after they were convened , He particularlie mentions their setting downe the diet of the next Assemblie , & His Councel addes their endavour to reverse , & overthrow all those good orders , & godlie constitutions formerlie concluded for keeping of good order in their Church . If you alledge that His Majesties Commissioner was not there , then you grant me their acts are not justifiable without him , And that all are not necessarilie with him , I argue from the language of the Commission , whereby they meet , which limits them thus secundum legem , & praxim , against which if any thing be acted , upon appeale the Kings praerogative may rectifie it at pleasure , if not , any judge may praetend to be absolute , & then the King must be absolutelie nothing , having committed , or delegated all power from himselfe . What civile law of Scotland it is , that prohibites appeales from the General Assemblie , you should doe well to mention in your next , I know none , nor did King Iames thinke of any when he cited his distinction from the Scottish Lawyers , aswell as any other . Where an Assemblie proceeds contrarie to the lawes of God , & man , Which is not impossible , while it may consist of a multitude , men neither the best , nor most able of the Kingdome , the Bishop thinkes an appeale to a legal Court of delegates constituted , by a superiour power , might be neither unseeming , nor unreasonable . The law of old never intended they should be the weakest of all Court ; Where it hath so happened , by your owne rule , pag. 22. The Delegates , not Delegacie , are to be charged . Such heretofore in England as imployed mercenarie officials , for the most part , were mercenarie Bishops , & if they had been cut to the core , would have been found , I doubt , Disciplinarian in heart , though Episcopal in title . The Scots way of managing Ecclesiastical causes is not more just , because more derogatorie to the right of the King , And the late Martyr'd King found it not more safe , & therefore told Mr. Henderson plainlie the papacie in a multitude might be as dangerous as in one , & how that might be Gualter writ to Count Vnit-glupten in a letter . Emergent hinc novae tyrannidis cornua , paulatim cristas attollent ambitios●… Ecclesiarum pastores , quibus facile fuerit suos assessores in suas partes attrahere , cùm ipsii inter hos primatum teneant . He might have found the experiment of it in Scotland . Nor can it be more satisfactorie to those rational men , with whom the Bishops arguments are praevalent , beside what else may be effectuallie alledged against it . Allthough the two instances , the Bishop brings , for stopping appeales were accompanied with so many treasonable circumstances , as might have enlarged his chapter into a volume , & deleted the credit of a Scotish Disciplinarian Assemblie out of the opinion of all the Cristians in the world ; Yet His Lordship thought good to furnish his reader with better authoritie from the second Booke of Discip. ch 12. which shall here meet you againe to crave your acquaintance . From the Kirke there is no reclamation , or appellation to any Iudge Civile , or Ecclesiasticall within the Realme . The reputation of the two Reverend Arch-Bishops Montgomerie , & Adamson depends not upon the sentence of a turbulent , & envious Synod , much lesse any single malicious Presbyter in a pamphlet , with whom we know 't is crime hainous enough to be a Bishop , & shall not want his vote to make them excommunicate . Their manifold high misdemeanours are mention'd in the censure of the Presbyterie of Striveling , for admitting Montgomerie to the temporalitie of the Bishoprike of Glasgow , & his owne for aspiring thereto . Assemblie 1587. And of the other for taking the Kings commission to sit in Parliament 1584. In the last Act of which his commission is printed to register his guilt . The principal of their evil patrons among the wicked States-men ( I meane next under the King , to whom you yeild that praerogative at least ) is sayd to be the Earle of Arran , who deserves that character for being second , at that time , in His Majesties favour , & he is sayd by your brethren to have taken them into the Parliament . So that , lay their commission , & Earle Arrans courtesie together ( which without the other had implied the pleasure of the King , ) they tooke not , without authoritie , upon themselves as you sayd ) the Episcopal office , nor place in that Parliament . Whether the pride , & contempt of the Prelates , or Presbyters were greater may be judg'd in the case of Arch-Bishop Montgomerie , by the Assemblies slighting not onelie His Majesties letters , but Messengers such as were two Heralds at Armes , His Master of Requests , who in the Kings name inhibiting their proceedings they send him word by Macgil they can salve their obedience , & yet goe through with the businesse , Setting up Durie , & Belcanqual , two Edenburgh Ministers , to ●…aile against the E●… L●…nox ▪ & when they are accus'd , quitting them by their Ecclesiastike praerogative . Putting their scholars at Glasgow in Armes , & occasioning bloudshed in resistance of the Principal Magistrates of that place , against whom they afterward proceeded His Majestie summous them to his judicature at St. Andrewes , they send their oratours instead of comming themselves . The King exchangeth a promise of securitie , for theirs of suspending the censure . They admit the condition , but collude with His Majestie , leaving an underhand power with some select brethren , to give sentence , as occasion should serve . When they get loose they contest with his Majestie by a serpent-supplicate , which when it creepes at the foot , wounds to the heart . Tell him boldlie he playes the Pope , & takes a sword in his hand , more then belongs to him . The Earle of Arran demanding who dares subscribe such a paper ; Andrew M●…lvin answers undauntedlie for himselfe , & some others , for hast snatcheth the pen out of a scribes hand that was neare him , writes his name , & exhorts his complices ro doe the like . By letter to His Majestie they shew how farre His Majestie had been uninformed , & upon m●…information pr●…judg'd the praerogative of Iesus Christ , & the liberties of his Church ( what becomes of the Kings , when this is pleaded ? ) They enact , & ordaine , that none should procure any such warrant , or charge , under the paine of excommunication . Where K. Iames did acknowledge the aequitie of the Church proceeding●… in these cases I desire to be inform'd , I am sure K. Charles 1. many yeares since hath writ , That they did wickedl●…e , & that which they could not doe . And that it is a very reproveable instance . Which to have been ever his fathers opinion , I have under the hand of one of the most learned , knowing men , & eminent historians in your Kingdome , As likewise that they did never confesse their crimes , nor renounce their Bishop-rikes &c , but that they were most cruellie persecuted by that firebrand of schisme in the Kirke , & sedition in the state . Andrew Melvin & his subscribing Associates , & made so odious to the people by their excommunication , that they suffered most grievous penurie , & in the end were sterved to death , which did not quench the malice of their mercilesse enemies , who after their death continued persecuting their names , & memories , making them infamous by false supposititious recantations , whereof they themselves were the authours , & publishers . Others , that acknowledge a word , or two to this purpose , that drops from Arch-Bishop Adamson , say he did it , when set on the racke by his hunger , being faine to beg bread of his enemies , who , glad of the occasion , sold their charitie by weight ▪ for his selfe seeming-conviction , & when they had it , being too greedie to gaine damnation to themselves , did sophisticate every syllable with a lie . The Bishops in their Declinatour against the Assemblie of Glasgow , ( if you remember well ) appeale to no general Assemblie , otherwise then as it shall pleace His Majestie to constitute it , & personallie be present , or by his Commissioner , without whom , they acknowledge no authoritie it hath . They referre it to His Majestie to call one to repaire their injurie , by way of humble desire , or direction , no way derogating from ; nor impairing his separate , absolute praerogative , to redresse all personallie , if he please . Their expressions relating to Royall power in this particular are such as follow — So that they praeventing , & not proceeding by warrant of Royal authoritie — May we not therefore intreat my Lord Commissioner His ●…race , in the words of the Fathers of the fourth General Councel at Chalcedon , Mitte foras superflues . For discharge of our dutie to God , to his Church , & to our sacred Soveraigne , lest by our silence we betray the Church is right , His Majesties authoritie , & our owne consciences . — And we most humblie intreat His Grace to intercede with the Kings Majestie , that he may appoint a free , & lawfull Generall Assemblie . — to whom [ Dr. Rob. Hamilton ] by these praesents we give our full power , & expresse mandate to praesent the same in , or at the sayd Assemblie , or where else it shall be necessarie to be used , ( where 's that Mr. Baylie ? ) with all submission , & obedience di●…e to our gracious Soveraigne , & His Majesties High Commissioner . All which are clauses assertive of His Majesties supremacie over General Assemblies , & implie his power to take cognizance of their demeanour . Though , after all this compliance with your method , & countenancing a seeming pertinencie in your arguments , I must seasonablie put you in minde that you are very much mistaken in the Bishops meaning , & here , as otherwhere , maintaine a blindeconflict which your selfe . For allthough His Lordship often take advantage of your Assemblie proceedings , as contrarie to your lawes , & justifiable establishment of the Ecclesiastike power in your Kingdome ; yet , where there is a concordance of your practice , with your rule , if accompanied with inconvenience of state , incroachment upon that just praerogative , which Monarchs otherwhere doe , or may , assume , if destructive to that libertie of the people , which is given them by the Gospell , & Christian freedome sealed to them in their baptisme ; if disagreeing with the primitive practice for the first five , or sixe hundred yeares after Christ you lie open to the force of his arguments , though you ward the blow from falling upon your Church in its owne peculiar , as constituded in your Countrey . For his Lordships endeavour is not onelie ( though in part ) to shew how tyrannical your discipline is to your selves , but how praejudicial , & destructive it may prove to us in England , if ( through want of caution , or a facile yeilding to your insolent attempts , ) way should be made for you to propagate what you call the Kingdome of Jesus Christ , but is indeed the tyrannie of Satan , & the second practice of Lucifers ambition , ( To banish Gods Anoynted from the earth , since he faild in his project of turning God himselfe out of heaven ) & we be ensnared in the like Presbyterian slaverie with the Scots . Therefore you see he entituled his booke , A Warning to take ●…ced of the Scotish Discipline , &c. And were it not , that you would clamour in your next pamphlet , you were unanswer'd , this advertisement might passe , with any rational reader , for a refutation of , at least , halfe your booke . If I should prosecute you with the many appeales that have been made before the Bishops declinatour of the Assemblie at Glasgow I know you would runne to your cover of complaints pag. 20. of your booke . What others have been since will be brought to your remembrance in such a flying roule as the Prophet Z●…charie , mentions ( unlesse a gracious pardon be given you upon your knees ) when His Majestie shall by Gods assistance have power to chastise your rebelling , cursing , covenanting , excommunicating , imprisoning , murdering , decreeing , the confusion of his Royal familie , & three flourishing Kingdomes in your Assemblies . CHAPTER IV. Seditious , & Rebellious Ministers in Scotland seldome , or never censur'd by the Assemblie . HEre Mr. Baylie layes faster hold upon the title , then the Bishops evidences in the Chapter , & because sedition , & rebellion are charg'd home to the conscience of the Presbyters , & their usual indemnitie imputed to the Discipline , he would faine step over these publike enormities , to personal vices ; against which ( by his leave ) the Ecclesiastike rigour is not such , but it can admit of very frequent indulgences , & many times convert the guilt , or shame of such haynous transgressions , to the glorie of their Gospel , & a more certaine signe of the sinners election by grace , according to John Knox's divinitie after proofe made against Paul Meffane . The treason of Iudas , the adulterie of David , & abnegation of Peter , did derogate nothing from the glorie of Christs Evangel , nor yet the doctrine which before they had taught , but declared the one to be a reprobate , & the other to be an instrument , in whom mercie must surmount judgement . Nay , if they find it advantageous to their discipline , these declamers against adulterie , & bloud , will make religious applications to any , as they did to Murray their Regent-bastard & murderer ( to say no more of him ) whom they made the greatest saint upon the earth , & the most eminent patron of their Church . That your pulpits have been perduellionis plaustra , the common stages for sedition , & treason . I have made appeare upon an old item somewhere else . And because you had not enough of them for the last old Comoedie you were to act , how yow did mount it in halls , schooles , & other profane places , is deliver'd unto us upon Royal authoritie in his late Maejsties large Declaration 1639. Where is to be found such loyal doctrine as this . One in Edenburgh , upon his Majesties urging subscription to your owne Confession of fayth , sayd It was an Italian , & a devellish device , first to make them renounce God , & perjure themselves , & then afterward there was an intention to destroy their bodies ; & so that this subscription imported no lesse , then the destruction both of their bodies , & soules . Rollocke did as much upon a scaffold in publishing a wicked , & rebellious protestation , Another , That though there were never so many Acts of Parliament against the Covenant , yet it ought to be maintain'd against them all . And Andrew Cant since charg'd His Majestie thus to his face , Awake thow lumpe of day , thow wast not sleeping , when thow gavest out the bloudie commissione to Iames Graham . Of all which I desire Mr. Baylie to name one that suffer'd any censured from a Synod . what priviledge these , or any other scandalous crimes had in England , or Ireland , the High Commission , & Civile censures can cleare . But the Reviewers conscience can tell how many such tooke shelter under the wings of the Covenant , who were threa●…ned processe , if they subscrib'd not , & , having done it , passed for very zealous , pious brethren in the cause . Their names , & infirmities , if Mr. Bayilie hath not , I have charitie to conceale , Or , if I had not ( could their ordination be justified , & they accounted of our brotherhood ) I should thinke my selfe oblig'd to it under the penaltie of the 55. Canon of the Councel of Carthage . Episcopus accusatores fratrum èxcommunicet & si emendaverint vitium ▪ recipiat ●…s ad communionem , non ad Clerum . If he bear'd the like reverence to Antiquitie when he speakes so broadlie of the Bishop of Derrie , he might bethinke himselfe of the 57. Canon . Clericus maledicus , maxime in sacerdotibus cogatur ad postu●…andum veniam , si noluerit , degradetur , nec unquam ad officitsm , absque satisfactione , revocetur . And to give His Lordship his due interest in the prudent provision of the Church , I direct the reader to that in the Councel of Constantinople , De accusatoribus Orthodoxorum Epis●…oporum non admittendis , which is to be found in the edition of Chr. Iustell , where he shall see by how many clauses Mr. Baylie is excluded from being admitted to enter any accusation against him , first , by the Religion he professeth , adjudg'd as bad as haeresie by the ancient Canons for decreeing in conventi●…les against the authoritie of Bishops , antisynagontas tois kano●…ikois ●…emin episcoposs .......... And whether upon the several grounds that follow , an Oecumentical may not reject him , hoo●… kathybrisanta tous kano●…as , kai ●…n ecclesiastiken lymenamenon ●…axian , as a reproachfull despiser of Canons , & a bane to the eutaxie of the Church ; let any of his aequitable compare●… consider . Yet , I thinke , I shall breake no canon by retorting his quaestion , his acts being so publike ▪ & himselfe autocatacrit●…s , convinc'd under his hand in his booke , Did the Reviewer never heare of a Presbyterian , sibb to Mr. Baylie , who to this day was never ( but may be in good time ) called to any account for flagrant scandals of such crimes ( even the same the Bishop mentions ) sedition , & treason , which ( aswell in Scotland , as in any other Kingdome ) are punishable by the Gallowes ? These crimes , above any , deserve civile cognizance , from which as free as the Scotish Churchmen have been , I dare undertake to prove out of their storie , That there was hardlie ever Synod in Scotland ( Presbyterian I meane ) but was guiltie of Rebellion , or bloud , having ever made their covenants with death , & their agreement with hell having made lies their refuge , & under falshood hid themselves as they did Isai. 28. 15. So that Marian●… , & his disciples , whether in Italic , or Spaine , or all the world over , can not in aequitie have layd such devillish doctrines , such publike murders of Princes , & Nobles to their charge . Foedus umbraru●…s perit . As constant a Covenanter as you are with the living , I see the holiest league can not chaine up your furious malice against the dead . Your naming Bishop Aderson , For his sinne , & that blessed Martyr the L. of Canterburie for his patron , speakes you a sonne of neither Christian charitie , nor truth , If Presbyterie had been as old as the Councel of Nice , I perceive your sawcie fingars would have snatch'd the libells out of Constantines breast , & your zealous tongues , that are made seven times hotter otherwhere , would have runn the hazard to licke the Bishops faults out of the fire . I wish you had help'd me to a better bargain of your silence , & not forc'd me to give you this , which I am loth to part with , in exchange for your blabbing That if all be true that is in print ( which for your credit I hope is not ) Your Discipline had no other then a Sodomite for its patron , some thinke you may take your choyce of French , or Scot. How this abomination hath been propagated with your Discipline , ( though by it no Disciple ) I leave them to relate , who , to shame you into some speachlesse civilitie , have had reason to be your Domestike observers , if they can frame it by chast language in a riddle . Yet because your Presbyterie shall gaine no credit , if I can helpe it , by any counterfeit innocence , I will returne you a line or two in Latin , which may informe you that such an ill weed hath grow'n even where the sharpe sickle of the Eldership hath praetended to cut downe all wickednesse before it . Hoc tamen dissimulare non possum , in Palatinatu nulla prius scandala ta●… atrocia incidisse quam ea sint quae seniorum illic constitutorum culpa acciderunt . Et quis , obs●…ro , eos postea seret correptores , qui sceleratissim●…m hominem Siculum Sodomitam , & eundem pestilentissimum calum●…iatorem ( you inherite at least the upper halfe of his qualities ) impune elabi passi sunt , ne ad Iudices legitimos traberetur . If you name Bishop Aderton in your next , you will force me to breake the bond of modestie with my Readers , & make me lay this horrid scene nearer home . If you will shew your self a better Christian , or Scholar , & strengthen your arguments with the ruines of Bishops doctrines , where you finde them , & not take up the rubbish out of some few sinnes , or lapses in their lives , you may write your pleasure , & without a blush expect the like ingenuitie on this side . Pseudon syncolletes .... leptotaton leron hi●…reus , Excuse me sir , if Aristophanes at praesent furnish me with no more honorable titles to salute you by , for your ingenuous meritorious demeanour in the next paragraph . Wherein you are pleas'd to pervert all that the Bishop mean'd innocentlie , & writ temperatelie , & sacrifice your soule to the Father of lies to gaine the countenance of your brethren in Holland . Historical ●…ruth I hope is no slander . Nor can it be their shame to keep peace in their Churches , & turne seditio●…s incendiaries out of doores . But while you plead for these your owne brethren among them , ( the rest holding not that point of your discipline ) what respect you beare to their vigilant Magistrates , whom you taxe for putting out of their cities men zealous in their doctrine , pressing the true practice of pietic , &c. I leave to some interpreter to tell them . But my selfe shall tell you , by the way , that they joyne not with you in rejecting our Episcopacie , as Anti-christian Name you what booke of theirs , or person of any note that hath done it . I am sure since you , & your English mates fell to worke with root , & branch Spanheim , their great divinitie professour in Leyden , held up his hands , & wished that all had been such as Arch-Bishop Vssher , & Bishop Morton , & then the order with such men he acknowledg'd would passe here wel enough . So that it should seem in the rest there wanted onelie a conformitie in some such thing , as Calvins opinions to qualifie them for a tolerable communion with the Dutch. What their zealous Ministers have preached for practice of pietic , suppression of haeresie , & schisme , the Bishop is farre from calling , or accounting any crime . But because you croud into their zealous preachments , the sanctification of the Sabbath-day in your Judaical sense , If , they pressed it in the rigour of your discipline , their auditours use a large practical license to confute them . To passe by their weeklie Sabbath mercatcs , & many publike faires , one of which you , & I met with at the Hague , I could have shewd you there the dancing on the ropes ( if not a dutch stage play for a need ) & many other prettie sights , to which you were invited with sounding of trumpets , & beating of drumes , which is their businesse at this instant in another part of the reformed Provinces : where I am I can tell you of several recreations I have observed ( beside playing on the ice ob●…ected against the Ministers of St. Andrewes that were spectatours ) which I litle thought on when the poor Praelatical Clergie , not many yeares since , were cursed with Presbyterian bell , booke , & candel , for approving a narrower toleration in our Countrey . Our persecutions have help'd us to this , & some other experience , whereby we shall be hereafter enabled to unmaske your adventurous impudencie to the world . Whether the streame of Presbyterian , or Praelatical ermons have run clearer from contempt of pi●…tie from silence , flaterie , &c. may be seen by him , that will looke into these last 12 yeares current of the times . If the vigilant Bishops , such as their Lordships of Derrie & Downe , purg'd their chanels from the filthie doctrines , & rebellious obstructions of Blaire , Levingstone , Hamilton , Cuningham & others , they did it for the more even passage of pure Primitive reformation . The zeale of these men was eating out the foundation of Gods house , & their swelling waters did overflow the bankes of government , where they came . Their impious doctrines made them first be turn'd out of Scotland , where Blaire had been before expelled the Vniversitie of Glasgow by the Professours for teaching his scholars , in his lectures upon Aristotle , that Monarchicall government was unlawfull , ( the lawfullnesse whereof Mr. Baylie accounts part of the Prelates profanitie , & errours . ) Vpon the like misdemeanour the same justice overtoke them in Ireland , but at a time , as it hapened , when Christs Covenanting , Antimonarchical Kingdome began to be reedified in Scotland which wanting such bold pieces to supportit , & their blasphemous treasonables sermons to cement it , they were very heartlie welcom'd , & praeferred to places of greatest eminencie in that Church . What a singular difference there is in the point of exemption from secular jurisdiction between the Geneva Discipline , & yours the proceedings in the next paragraph will shew . And what person convict of , or notorious for those crimes , that you reckon was ever priviledg'd by the spiritual Court , you are to mention . Your generals are aire , the Bishop craves no favour of your extraordinarie charitie to conceale . The Declaration 1584 might be penned by Mr. Patrike Adamson & yet be King Iames's , If his Majestie declin'd the acknowledgement thereof the yeare after , when your Rebells had seiz'd upon his person at Sterlin , that may very well be imputed to his feare . Nor was that the on●…lie negative subscription , you extorted from your prisoner that yeare , who , when at libertie , afterward , with the same hand , blotted out that which , when you had the guidance of his pen , you had forc'd him to write against his owne inclination , & sense . If Mr. Adamson professed upon his death his repentance for lies , & slanders ( to which we have a contrarie tradition from some that were praesent ) he did no more then your great Declaratour Buchanan for his that were opposite to the other , And how both these sort of , lies that caried contradictions could proceed from the same spirit , or their repentance have the same grace , & truth to reforme it . I leave to your discerning spirit to reconcile , or , if you find them different , to distinguish . What the Bishop asserts , Mr. Camden●… faythfull register will justifie . Ministri nonnulli in Scoti●… è pulpitis , & per circulos Reginam indigniscimi●… calumni●…s insectati ipss , Regi ▪ & Consiliariis asperrimè obtrectárunt ▪ & cor●…m comparere jussi sastidioso quodem contemptu abnuerunt , quasi pulpitae à Reg●… authoritate essent exem●…a , & Ecclesiastici non Principisi mperio , sed Presbyteri●… subessent . Tour Ministers raile against , Queen , King , Councel with contempt , & scorne , denie appearance upon summons , stand upon Ecclesiastike priviledge , are not censur'd by the Assemblie , & what is that but protected ? & what both but as much as the Bishop out of the Declaration praetends to ? What nullitie in the law of your countrey you pleade , can be taken for no answer to the Bishops second proofe , who tells you , the same reason may exclude aswell Magistrates , as Commissaries , because they have no function in the Kirke , & they are so excluded out of the 11 chapter of your 2. booke of Discipline , which providing that all abuses may be removed , & dependances of the Papistical jurisdiction abolished , regulates all by the Eldership of the Church , & in silence robs the Civile Magistrate of his power , The strength of which argument you wave , as you doe the 3. instances that follow , & scowre up an old rustie peice , of Logike of your owne to fight with your shadow ; The Bishops consequence holding good . That if those , which have no function in the Kirke , are not to be judges to ministers , no jurisdiction remaineth in the Civile state whereby Ministers may be punished . In England the Commissarie , & official , were no ordinarie judges to depose , & excommunicate at their pleasure : what reservations there were , & how limited was their power , your friend Didoclave will acquaint you . Which integritie , & prudence he calls a fucus , & fallacie , because he had found no such native beautie of holinesse in his Church , no such down-right dealing in the discipline . The jurisdiction of Commissaries was reestablished in Scotland in Ecclesiastike causes , to as great a latitude as formerlie , by act of Parliament at Edenburgh June 4. 1609. Presbyterian Assemblies are easilie satisfied about any delinquencie against Kings . And had not K. Iames at this time been absolute , & the brethren in feare what should become of their Euangel , they had not proceeded so farre as they did in Gibsons case . That many passed at other times with lesse notice , nay with their authoritie to maintaine them , I have shewed frequent enough out of their stories . Delinquents of the Episcopal partie could get no such opportunies for absence . When Gibson came about , he praetended not onelie his feare for an excuse , but his tender care of the rights of the Church . This , because more pertinent to the quaestion , Mr. Baylie overlookes , as he doth their purging him of his contumacic without acquainting his Ma●…estie , which the Bishop urgeth . He were better be take himselfe to some other trade then that of reviewing . Two , or three such surveys will loose the Discipline more ground , then Didoclave , & any other his unanswered Champions ever gaind them . That no trial of Gibsons fault 〈◊〉 perfected though a fugitive was a testimonie of their forward dutie to the King. Others ( beside the Bishops by the Synod of Glasgow ) have been excommunicated at as great a distance for their loyal expressions , & actions . The Bishops fourth proofe I perceive hath much troubled the Reviewers eyes , osper ●…à s●…k epi tous ophalmous . Mr. Blackes case may very well seem odious , Odit , quod metuit , It turnes his sto make so much that he findes not confidence enough to wipe of that filth , which was spit upon the reputation of the Discipline by his speaches . He is better imployd with his sieve , & his scissours about divining how his Lordship came by so many particulars of the storie ; but the guilt of his conscience makes his hand shake , & so all his witchcraft falls to ground . For the Bishop , to my knowledge , may have his warrant for that relation somewhere else , & , for ought he knowes , recourse to some vocal oracles of that time , beside some such registers as have not been raced by the sword of the Disciplinarian spirit , nor cancell'd by the Clerke of the Assemblie in the darke . Though that large , most excellent volume compiled by the Rt. Reverend Arch Bishop having , no tlong since , happilie escaped the Scotish Inquisition , may hereafter be a printed monument of the Disciplines shame , an aeternal disgracè to the Rebellious Presbyterie , & his credit , for all the Reviewers calumnies , a lasting pillar to support the fayth of all posteritie , that shall reade it . Yet to take Mr. Blackes storie from his hand , out of the register of truth , the Doomsday booke of the Discipline as it lies . — Veniat invisum scelus , Errorque , & in se semper armatus furor . If the Kings countenance were changed , his conscience was not , which , by his own confession , so soon as ever his judgement was in the bloome , tooke checke at the Religion , as well as at the Rebellion in the Assemblie , professing with our saviour that though he liv'd among you , he was not of you . That you make no medium between Presbyterian , & Popis●… , is a piece of old Synodical malignancie , which the trial of the orthodoxe partie in these times hath made out of date , since being rejected , & banish'd by the one , they neither finde , nor sue for reception with the other , ( saving into a toleration of their asyle ) but by the hand of the Allmightie are held up in their constancie between you both : Yet your feares were not groundlesse ; when the Religious King went about to establish such publike workship , as would have informed ignorance in a discoverie of your errour , & draw'n of all your conscientious , & rational disciples . His Majesties civile favours to some Papists , were not so strong evidences of his change as to wind up your Ministers to such a free warning , nor gave them license to make such rebellio●…s applications . If that be the use 't is time for Kings to search better into your doctrine , & see whether the toleration of that have not been the great sinne of our age , which hath pull'd downe such judgements upon their heads . This grace in your pastour is that , which abounds by continuance in sinne . And this fayth is nothing like St. Pauls shield , being beaten by the Assemblie into a sword , whereby they endeavour to subdue Kingdomes , but have no such commission as had Samuel , & the Prophets . Mr. Blackes denial was too faint to absolve him , & his honest hearers , if conforme to their English brethren , might perchance be so wrapt in their night caps , as their negative testimonie could not be very currant . When he shew'd himselfe so willing to be tried by all the world , he litle thought who might passe upon the verdict . All the heathen had condemn'd him for the murder of moralitie , & he had met with a scurvie packe of hardhearted Godfathers among the Papists . A brother of yours confesseth that somewhat Blacke had sayd , though he hath no great minde to take notice , what , nor when . He complaines of Rutherfort his accuser because oblig'd for private courtesies , who deserves to be commended for praeferring publike dutie , & in that appeares to have been one of the most honest hearers there . The Courtiers can not be blamed for intending to stop the mouthes of such Ministers , as layd the Devil with his bairnes at their doores , & put them in afright that they should afterward be charg'd with keeping all the blacke brats of the Assemblie . The advice of the Brethren was adjudg'd treason by the law of Scotland produc'd against the Abcrdene Ministers , & your Edenburgh Bibles have not one text to justifie that appeale . The words layd to Mr. Blackes charge I hope will be confessed to be trulie seditious . All the quaestion you make is whether he spake them or no , which though doubtfull ( as it is not , being proved before the Assemblie who gave this reason for his exemption from punishment , They knew not with what spirit he was overruled ) must be acknowledg'd a mater of civile cognizance ( because no póint of religious ) aswell as the punishment , if prov'd . Constat Episcopos & Presbytero●… forum legibus non habere , nec de aliis causis ....... .. praeter religionem posse cognoscere , The Brethrens reason , or rather mis-apprehension must not be made the measure of the lawes . If the King yeided so much toward an amicable conclusion , what can justifie the Presbyters in continuing the breach ? who , say what you will , were bound to subscribe a band for that silence which was required , Pes●…imus est mos suggestum in scenam vertere , & dulcissimam Euangelii vocem in Comaediam veterem . What the learned Grotius enlargeth upon this subject , I will not transcribe , but call upon you to answer , being that which I assume to make good upon the same texts & proofes he produceth . The truth was you durst neither have advised Blacke to appeale , nor your selves have shew'd such contumacie to the King , but that you had felt the pulse of the people , & made it beate high in your behalfe . This your brother confesseth though in Gypsie language , calling it the great concord , & authoritie in the Church , such as made the Courtiers to tremble , though never so much in favour with the King. Which concord , when so magnified in your storie , we know , was ever a covenant to rebell , & awe the King aswell as the Court by your usurp'd authoritie of the sword . Yet whatsoever is your practice , & profession , by fits ; sometimes you are more ferious ( though seldome more loyal ) & the result of your councel apparels it selfe in such a sentence as this Our obedience bindeth us not onelie reve●…entlie to speake , & write of our Soveraigne , but also to judge , & thinke . Which if the Edenburgh Ministers had practis'd , they had not come under that severc sentence pronounced against them for raising a dangerous mutinie among the people . If I would , like you , turne diviner , I might easilie guesse out of what un printed register you have that prettie legend , that followes , which yet is not so decentlie dress'd as to make good the chast credit of the discipline . Who was this villaine ? By whom was he Suborn'd ? A villaine . They suborne , without particular instance of either , will not passe upon publike sayth . If the Commotion was innocent , why not approv'd ? If not approv'd , how appeares it to be innocent . The best way to have quit the Ministrie from being authours , or approvers , had been to be censurers , but here they could keep silence without a band . I can not yet let goe this singular storie , my dutie forbids my charitie any where to favour you with my silence . And because you are so prae , udic'd against unprinted traditions I will give it you for the most part out of some printed registers I have met with . King Iames , desirous to set off his Court with what luster he could to foraigne Ambassadeurs , had , in a provident magnificence , retrench'd some allowance formerlie issued for his Courtiers attendants , & contracted their tables to enlarge his owne entertainments . For the managing of this , & somewhat else concerning his revenue . he had appointed eight officers of State , where of some were Papists , but of know'n intergritie . The Reformado Courtiers , by way of scorne call'd these Octavians , & made an easie impression into their Ministrie by suggesting , that they had a designe to introduce Poperie , & subvert the whole discipline of the Church . After private conference , a fast , for the smiting with the fist of wickednesse , soon after was kept at Edenburgh . Balcanqual preacheth , & spares neither , King nor Councel in his virulence , infuseth all the unpleasing particulars , he could thinke of , to imbitter his Satyr , humblie be seecheth the Edenburgh Citizens at a certaine houre to meet in the New Church , tells them how much it concern'd their reformed , Eua●…gel . His reservednesse sharpend their expectation , & caus'd their punctual assembling almost to a man , where they found their Ministers in a formal Synod , having chosen a violent Presbyter , Mr. Robert Bruce , their Moderator . Here Mr. Blackes sufferings were aggravated : & the Kings violating the praerogative of the Church . One Watson comes in , & addes oyle to the flame , remonstrates his late repulse at Court , & denial of accesse to the King , being sent with some Rebell-supplicate from the Brethren . The Moderator , with as much malice as my be , comments at large upon every instance in a speach ; Makes it Gods cause , & engageth the people to assert the libertie of his Gospel , if not by petition ▪ by power . Some Commissioners are sent to the King , then in the Tolbuith , who , receiving some checke for their unjustifiable proceedings , come backe with their angrie account to the Assemblie . One Alexander * Vaux being ( as the Presbyters had praedesign'd ) mounted up above the congregation by a pillar , with stretched out arme cries , The sword of God & , of Gideon , bid them to follow him in the vindication of God , & his Church . They take it ▪ out of his mouth , & in confusion clamour , Arme Arme , for God , & the Church . They doe accordinglie , & rush violentlie into the streets beguirting the place where His Majestie was . Mr. Thomas Hamilton afterwards Earke of Haddington takes an halberd in his hand , & with some of his friends keepes the multitude ▪ from entring . Alexander Hume of Northborvick , for the time Provest of Edenburgh , & Roger Ma●…kmath ▪ ( whom the King ordinarilie called his Barliffe ) raise what power they can upon a sodaine , the honest Hammermen come in to their assistance , They demand first whether the Kings person be in safetie , & then by a mixture of faire words , & menaces make the rowt quit the place , but not their riot , for they by , & by rallie in the Mercate place . The Captaine of the Castle turnes some canon upon the Towne , & by that militarie argument praevailes with them to disband . The King is safelie guarded to his palace at Halyrud Howse . For all this Bruce sends abroad his writs , to call●…in the Nobilitie to their succour , some of whom had in zeale abetted the late tumult . The Lord Forbes payd his fine for going into the street , The Lord Hamilton hath an invitation to be General , & should have had his commission ( from the Synod no quaestion ) if he had signified his acceptance . He very noblie , & loyallie delivers up his letter to the King , & detects the Rebellious project of the Discipline . Some of the Ministers are sent for , & convicted , obtaine pardon of the King , but no actual oblivion from any his good subjects , who ever after detested that disloyal sect , & branded the 17. day of December with the indeleble infamie of that prodigious attempt . How like this lookes to an halfe houres tumult or petie fray , How ignorant were the People , how innocent the commotion , How free the Ministrie from being authours , or approvers ; Let the Reviewers aequitable comparers determine . CHAPTER V. The Discipline exempts not the supreme Magistrate from being excommunicate . TVatim agis . The Bishop argues about excommunicating Kings , & you answer about censuring officials , that pronounce sentence for non-payment of money , wherein yet you are not more impertinent , then malicious : For you know well enough that sentence was not executed for that , but for obstinacie against the power , & commands of the Church , Wherein if any officials inconsideratelie proceeded , it must not bring in quaestion the more deliberate prudence of them , that made the constitution to that purpose . The rash praecipitancie of the Scotish Presbyterian rule , & practice , though many times very reprovable in the later , I finde not heere in the Bishops allegation , nor of what magnitude the sinnes are , for which they excommunicate , though we have know'n a desertion of the Brethren in conspiracie against their Prince , or a glance through their fingars , an interpretative neutralitie , hath been made the great sinne , & threamed with this censure . Neither the Praelatical partie , nor any orthodoxe Christians in the world come into your communion in the point of excommunicating their Kings , nor comprehend them within the object of their Discipline , by which , though they have kept the sonnes of the Church in a filial awe , yet ever reserv'd a paternal priviledge for their Kings , the Nursing Fathers of the same Imperatoria unctione to●…litur poenitentia . And the learned Grotius assures us that the Kings of France for many ages have expresselie challenged this exemption for themselves , Ne possint excommunicati . Rev ........ did never so much as intend the beginning of a processe against their Kings , &c. Ans. Christian prudence admits no such charitable glosses upon the Scotish intentions , where is no colour of ambiguitie in their words . In which if the King be a man , or a Magistrate , he must be necessarilie included , & made subject aswell to Church animadversion , as admonition . If Mr. Baylie hath a perspective for the thoughts of all his praedecessours , he may enjoy the pleasure of such spiritual reviewes , or revelations to himselfe , but can have no demonstrative evidence to propagate the like confidence among others . True causes of citation of Princes to an Assemblie is the peculiar language of the Discipline , no such truth is implied in this truer text of Scripture , Where the word of a King is , there is power , & who may say unto him what dost thou ? The beginning of the next verse is not the Scotish Assemblie , in answer to that quaestion . What these true causes have been , I have partlie manifested out of their storie , their owne Registers justifying their successive meeknesse , & indulgence ; wherein though no King may be found excommunicate , ( because their spiritual sword wanted luster , and brightnesse to strike such amazement into Princes , as to make them let fall the temporal one out of their hands ) yet not any one of them hath there been since the Assemblies were possess'd of their infernal commission , but have been personallie threatned , imprison'd , depos'd , or murdered , & they should have tasted the meeknesse of the Discipline in them all , if the season had served , & they could have catch'd , or kept them in their power ; Against which universal experience whether Mr. Baylie's single word may be taken for the future securitie of His Majestie , & his successours , I submit with silent reverence to be debated in their Councel . Rev. We love not the abused ground , &c. Ans. We are as litle in love with the Reviewers affronting of Kings , as they with , what he calls the Warners flatering of Princes . To the quaestion he so magisteriallie propounds . St. Ambrose , notwithstanding his Act to Theodosius , makes answer upon that speach of David cited by the Bishop , & addes the reason in such language as Mr. Baylie will not heare from any Canterburian-Praelate , Quod nullis ipsi [ Reges ] legibus tenebantur , quia liberi sunt Reges a vinclis delictorum . The same is to be found in Isiodore Pelus : And Tertulian to this purpose many hundred yeares before Presbyterie was hatch'd . Sci●…nt [ Imperatores ] quis illis dederit imperium .. ..... sentiunt Deum esse solum , in eujus solius potestate sunt , a quo sunt secundi , post quem primi , ante omnes , & super omnes Deos , homines . And because the Reviewer calls this doctrine Episcopal , let him take St. Hieroms note too by the way . Rex ipse [ David ] & alium non timebat . This Catholike doctrine praeserves the Majestie of Princes , de j●…re , inviolable from the insolencie of Assemblies . Where the abuse of it spurres them on to any dangerous praecipi●…es , they are to stand , or fall unto themselves . The poor oppressed people would many times worke out their deliverance by prayers , & patience , if the outragious Presbyters did not thrust them downe , & with the hazard , if not destruction of their persons , dash all civile government in pieces . CHAPTER VI. Kings may sometime pardon capital offenders , which the Disciplinarians denie . As they doe their Royal right to any part of the Ecclefiastike revenue . WEre your reasoning as methodical as the Bishops , I should not be so in every Chapter at a losse to find out more to what , then what to answer , having hitherto met with none , but Socrates's three darke principles in your booke , tò chaos touti , kai tas nephela●… , kai ten glottan , confusion , clouds , & tongue : which among them have made such a mist in your own eyes , & such a clatering in your eares , as you can neither see , nor heare a good logical argument brought before you . We , that are above this disturbance , & at a distance , observe his Lordship laying out the doctrine of your Discipline ( for so I 'll speake for once ) received by you all , & then illustrates it by your practice , where in if he had roome enough , he would muster up so many particulars as with an , &c. might conclude an inductive universal . Though the other way of acconsequential arguing hath been thought tolerable in Mr. Baylie ( no Doctour as I take it ) as not long since in his uncharitable mention made of Bishop Aderton , & his slander against the two reverend Bishops of Downe , & London Derric . The Ministers rigour , & vindictive pleading hath ever multiplied in Scotland the widowes , & fatherlesse , the deadlie feuds having been ever continued , & received by them , when they saw it tend to their advantage , so that the bloud shed by murderers of their making may be trulie aesteem'd , the seed of their Church . Which duelie considered , demonstrable in their storie , should deterre any cautelous Christian from their communion , who , by that partaking in their guilt , can exspect from heaven no benefit of his prayers , Gods curse in the Prophet concerning them nearer , then any ministrie in the world , When ye spread forth your hands , I will hide mine eyes from you , yea when ye make many prayers , I will not heare : Your hands are full of bloud : The historie of that time , though very partiallie , & falselie related by the Reviewer , were it not , can not justifie the insolence in their discipline , wherein they do not occurre to the inconvenience praetended , the impunitie of murder procur'd then by some importunate & powerfull solicitours , but despightfullie scratch out the image of God in his Anoynted , & pull downe his praerogative attribute of mercie , which hath a season of priviledge above justice , if that passe with Mr. Baylie , for any of his workes . What I meane I collect from this clause . In the feare of God we signifie unto your Honours , that whosoever perswades you that ye may pardon , where God commandeth death , deceives your souls . & provokes you to offend Gods Majestie . Where not onelie the act of impunitie is condemn'd , but all power to pardon in any case denied . Which God never practis'd himselfe , nor exacted in the rigour from his Kings . Beside , the case hath been know'n , when the Presbyters themselves became the powerfull sollicitours to the King , & drew a pardon for murder from his hand against his heart , as they did from K. Ch. 1. for Mr. Thomas Lambe , a preaching brother , who stab'd a young man of Leith with a ponyard betwixt Leith , & the Abbey of Haliryd House upon the Lords day in the afternoon , in the time of the Assemblie , & Parliaments sitting . To whom the King , used this speach Ministers must be pardoned though slaughter●…rs . 〈◊〉 other men must suffer for a words speaking , reflecting upon one Mr. Iohn Stuart , who suffer'd for saying that Argile had spoken about deposing the King. How they professed their Church to be reformed by the murder of David Rizio , & the King called ●… weake man , because he would not vouch it , I have shewed more particularlie in their storie . Yet I hope Mr. Baylie ( who is too rigid ) when he comes next in the Rebell-Commission , will be no sollicitour for any act of oblivion . That if the King gives not what satisfaction they finde necessarie , & due , he , & the other bloud-hounds will articulate their crie into justice , justice , or lie downe in their armes to execute it themselves even upon His Majestie himselfe ( for he hath allreadie encircled him , within the object of the Discipline ) may be fairlie collected from hence , as from what he told us in his Epistle . That you may preach unto * Magistrates , that according to Scriptures murderers ought to die even Erastus will grant you , Yea that in some cases you may rebuke , exhort , admonish , threaten , denounce judgements , aswell as preach promises according to the examples of the Prophets . But he puts you in minde that this they did onelie under impious Kings , no Davids , no Sal●…mons , no more must you assume this libertie , under I●…me's , & Charle's , pious , prudent , & just Kings . If you should have an unhappie occasion to exercise it under other , you must goe no farther , no excommunication which is order'd in your Discipline . He calls for your texts , he answers your arguments , he helpes you to instances of Ioab , whose murder could not safelie be punished , of Absalom , whose , for some reason , was neglected . He demands whether these men , went not into the Temple nor communicated in the Sacraments with this impunitie about them . I have no way to be rid of you , but as Mr. Selden , they say was of the whole packe of your clamouring brethren at London , who layd Erastus booke open before them , & bid them answer him . Which dismounted their tailes , & put a gag in their mouthes , so that I heare he was never troubled with them afterward . E. Huntley's case hath been caried to the mint , & comes now out with a new stampe of the Assemblie at a losse till their Father behind them scatters his kindnesse among his prodigal sonnes , & bids them lavish out his inexhaustible stocke of calumnies , as they please . What the Bishop hath granted you about the guilt of the three Lords , I have no commission to retract . What you aggravate about E. Huntley's apostacie , & , after seeming repentance , frequent relapses , doth at the worst , but argue his adhaerence in heart to the Romish religion . This added to his banding with the King of Spain ( which you pricke into some blanke papers subscribed with his hand , & the rest taken out of Dr. Kerre's pocket , as he was shiping over , upon your excommunicating , & banning ; & picke out of some other , such as litle could be made of at that time , when it should have been most advantageous ) is not enough to justifie that rigour alleadged by the Bishop . The truth of what followes shall be left to the ingenuitie of your judicious & aequitable comparers , by laying your relation to that of more authentike historians , whose record is this Bothwell , after many murders , & misdemeanours , having broke prison , endeavours to get the King , & Chancellar Maitland into his power , to which end he sets fire to both their chambers , & by violence makes his entrance into the Queenes . For this , some of his complices were hang'd , the Kings proclamation , publish'd against him , prohibites any man to harbour him . The Earle Huntley , upon the Chancellars intreatie , raiseth some power to surprice him , with which he besets Earle Murray's house , where Bothwell was entertaind , & Murray in defense of him slaine . For this soon after was E. Huntley imprison'd , till having put in caution to appeare at a publike trial , he had his libertie given him to goe home . Murray's friends had not patience to wait the leisure of the law , but worke revenge upon all advantages they could get . Bothwell having been this while conceal'd in England , enters Scotland in armes , & assaults the King in his palace at Fawlkland , but , being beaten off , makes another escape . The Assemblie , failing of the successe they hop'd for in Bothwells attempt , praevaile for the banishing of Papists , & confiscation of their goods , Bothwell , finding no good welcome in England , gets away , & gaines a private opportunitie by his friends to be secretlie conveigh'd into the Kings chamber , where he begs his pardon upon his knees , & obtaines it , yet the next day makes a tumult in the Court , & caries away diverse of the Kings servants ; The King ( which may seem strange ) for the safetie of his person , was faine to put away his friends of greatest trust , the Chancellor , ▪ Treasurer , Baron Humes , &c. but within a moneth repents him , appeales to his Nobles , & by their advice , recalls them , yet permits Bothwell to depart . The Ministers are angrie that the Papists are not persecuted by fire , & sword . They assemble without the Kings order , & call together the Barons & Burgers . Bothwell enters againe with 400. Horse as farre as Leith ; makes proclamation , summons all in to defen'd religion , & put away evil Counsellers ; sends it to the Synod at Dunbar , which favour'd it ; The same day he marcheth against 3000. of the Kings forces neare Edenburgh , fainteth in his businesse , and gets away to the borders ; Queen Elizabeth sets out a proclamation against him , yet presseth the King for proscription of Papists ; The Lords are but few that meet , & expresse some reluctance at it . The Ministers , & Burgers are many , which vote it , take their armes downe out of the windowes , &c. Argile is sent against them , & beaten ; The King drawes toward them , & permits three of Huntley's houses to be pull'd downe , Huntley escapes to his Aunt in Sutherland , thence into France . These were Huntley's notorious crimes , & multiplied outrages which cryed up to the God of heaven ; Out of which let the world judge what reason the Ministers , those mercifull men of God , had to give such warning , & crie to the Iudges of the earth , to shed his bloud . That appearance with display'd banner against the King in person , should be made an article against him by Mr. Baylie , a loyal peaceable assertour of ten yeares armed rebellion in three Kingdomes : I dare not adventure my spleen to discourse on but in Mr. Baylies language , hope by his good advise , the Prelates will no more Lull ' Princes asleep in such a sinfull neglect of their charge , but breake off their slumber by wholesome & seasonable admonitions from the word of God , such as that Prov. 20. A wise King scatereth , the wicked , & bringeth the wheel over them . Or what other texts , their Lordships better know applicable to the most just , necessarie chastisment of schismatikes , & Rebells . About E. Angus , & Errol , you thinke your selfe not concern'd to make answer because your brother Presbyter Mr. Rob. Bruce , gave King Iames leave to recall them , but with this considerable sentence , against E. Huntley . Well Sir , you may doe as you list , But chuse you , you shall not have me , & the E. Huntley both for you . Pretie humble soules , who can weigh downe the chiefest Earles in the ballancing of a state . In the next paragraph , you dawbe with untemper'd morter , such as can never keep the Kings right to any Ecclesiastike revenue , & the claime of the Discipline together . For having comprehended in the patrimonie of the Kirke all things [ without exception ] given or to be given to that , & the service of God ; All such things as by law , or custome or use of Countreys have been applied to the use , & utilitie , of the Kirke . 2. book Disc. ch . 9 And call'd them theeves , & murderers [ without exception of persons ] that alienate any part of this patrimonie . 1. books Disc 6. head you are the innocent dove that , here bring us newes , That the Church never spoyld the King of any tithes , while those birds of spoyle , your forefathers , have left him , neither eare nor straw to possesse . But to deale with you at your owne weapon in your words . If the King never had any first frui●… , then , as the Bishop sayth , you are the Popes , that with-held it , & by you , that were the Reformers , was that point of papacie maintained ; If he neither had , nor demanded , to what purpose toke you , such paines to obtaine in favour of the Church to have it declar'd in Parliament , That all benefices of cure under Praelacies shall in all time coming be free of the first yeares fruits , & fift penie , & the Ministers have their significations of presentation past , at the Privie sealé upon His Majesties owne subscription , & his secretaries onelie , without any payment or caution to his Treasurer for the sayd first fruits , & fift penie ? About tithes , you say , His Majestie , & the Church had never any controversie in Scotland . How agrees this with your Declaratour in his appendix to the maintenanee of your sanctuarie ? When the minor-age of a good King had been abused to the making of a law , whereby the most of these rents , first fruits , Tithes , & the lands belonging to Bishoprikes were annexed to the crowne , the Church very earnestlie do labour for restitution , & never gave overtill these lawes were repealed . If you review your records , you will finde in the yeare 1588. that you had a plea with , which you call an earnest suit to , His Majestie about patronages , & such considerable opposition , as put you upon inhibiting all commissioners , & Presbyteries to give collation , or admission to any person praesented by authoritie from the King. And [ to omit many ] a greater you had before with the Queen . Anno 1565 The Nobilitie , & Gentrie were more beholding to your impotencie , then patience for peace . What gracious men you have shewd your selves , since your Rebell-Parliament got that incumbent power into your hands , your congregations would speake if they durst , whom you feed with the bread of violence , & with that you cover them as a garment . So that whether the Presbyterie be not as good patrons of the people , as they are vassals to the King , need never more be quaestion'd in Scotland . Whether by the wickednesse of Praelates , or Presbyters the King , & Church were cousin'd of the tithes , will appeare by them , that bragg'd most when they were most endanger'd by the sequestring the other patrimonie from the Church , which I finde to be the Presbyters that could not keep councel but b●…asted they had given a seasonable blow unto the Bishops . That legitimate power in the Magistrate the Bishop pleades for King James never declared to be a sinne against Father , Son , or Holy Ghost , nor did ever the patrons of Episcopacie oppose it . That changeling you here substitute in the roome calls you Father by the ridiculous posture in which it stands , your friend Didoclave * had more ingenuitie then to inferre a claime to the power of preaching , & celebrating the Sacraments upon the power of jurisdiction over Ecclesiastical persons derived upon the King from his praedecessours in England , & given them by a statute . Verba statuti de jurisdictione , non de simplici functionum sacrarum administratione intelligenda esse quis dubitat . The well grounded consequences , which you call Castles in the aire , will hereafter batter your Presbyterie to the ground , when Princes shal retract their too liberal indulgence , take a courageous resolution to claime their own , & relie upon Gods providence to maintaine it . King Iames had given you the practical meaning of his wise sentence , seven yeares before he spake it at St. Andrews . For , as you may very well remember , when His Majestie had put downe your Presbyterie by the head , your Ministerial office was with the exercise of your halls , having , to the time of your late rebellion , no other , then an ambulatorie Euangel , no Disciplinarian legallie tolerated to officiate , but such as would conforme to the canons of the Church . If the King had sayd , Ego non possum erigere Ministri caput , the heads of the Aberdene , & Edenburgh Ministers might have confuted him upon the gates , but that his mercie [ without the Synodical censure of impunitie ] interpos'd in that dispute . As great an enemie as His Majestie was to such Erastians , as the Bishop , I am sure he was no friend to such Donatists as you , unlesse infestissimus hostis be significant to that purpose . He sayd , you were the perfidious , bedlam knaves among the preachers , my dictionarie will helpe me to no fiter English for his Latin ▪ perfidi , & ●…anatici nebulones inter concionatores ; And you , or your profession he often styl'd Calvinistarum Satanismum , a ●…ect of lapsed spirits among the Calvinists , whose malice ▪ had metamorphoz'd them into Devils . CHAPTER VII . The Presbyterie cheates the Magistrate of his Civil power in ordine ad spiritualia . THe Bishop begs no beliefe of his Readers , beyond what he brings proofe out of your Discipline to prevaile for . When you have made all offenses , more , or lesse scandalous , like the Prophet in Hosee , you become the snare of a fowler , & with this counterfeit call catch all the uncleane birds in your net ▪ If the Bishops official takes notice of more civile causes then your Presbyterie , the qualitie , & number had been Worth your noting for your Readers satisfaction . To strengthen your evidence , I consulted with Didoclave your brother Scout , whom I finde to have made no such numerous discoverie , & I take him to be alltogether as strict , & able an inquisitour , as your selfe . That capital offenders , whom the Magistrate hath spared , should be excommunicated , is disciplinarian censure , which no societie of regular Christians ever inflicted ; Nor can any ingenuous Divine denie such , accesse to the holie table , if otherwise qualified then by their impunitie . He must distrust either the prudence or pietie of the Magistrate , conceiving him either too liberal of his pardon to a person shewing no remorse for his fault ; or impious in countenancing instead of cutting off , an obstinate malefactour with his sword . Erastus himselfe ( whom you raile at so often ) puts in this caution ( which Beza approves of ) for whatsoever he hath asserted in his booke . Quod meminisse t●… velim etiamsi non semper adjecero . That the person you admit be suppos'd to understand , approve , embrace the doctrine of the the Church , with which he desires to communicate ; That he professe an acknowledgement , & hatred of his sinnes ( he addes not from your stool of repentance ( That a murderer , adulterer , blaspheme●… , thus pardoned , thus poenitent , thus supplicant for the seale of the Sacrament , should be , to fill up the amphitheater of any prou'd hypocritical , popular presbyter , made the sundays sport , or spectacle to the people , No Scripture commands it , no orthodoxe Church ever practis'd it , no law of Scotland imports it . If you suspect his repentance to be but counterfeit , & his humble addresse , a religious imposture ; you may discourse with him in private , lay open before him the hainousnesse of his fact , deterre him by the extremitie of the danger , tell him if he discernes not the Lords bodie ( which he can not through the blacke unrepented guilt of that sinne ) he eates judgement , he drinkes damnation ; But all this pertaines ad Consilium , a terme us'd among the ancients in cases somewhat conterminate with ours , to ghostlie councel , no spiritual execution , ad legis annunciationem , non jurisdictionem , to the terrible declaration of the law , to no jurisdiction or legal exercise of your power . Beside , here I must put you in minde of what I otherwhere prove , and is un●…eniable . That your excommunicating facultie is not originallie in your Assemblie , but derived to you from the supreme Magistrate , with an implicite reservation of his own priviledge ▪ to remit it at pleasure , it being no ●…ure divino discipline , I hope ( for if such , what becomes of those Churches that use it not ? ) The malefactours exemption from this , without quaestion , accompanies his largesse of civile mercie , & he stands acquitted from all spiritual , aswell as temporal , punishment : For to suppose the Magistrate takes him from the gaoler , to deliver him to Satan ▪ exchangeth his shakles for chaines of darkenesse , his prison for hell , is inconsistent with reason , or charitie , & gets no more faith , then such a cruel sentence hath the face to aske my opinion of its justice . The learned Grotius tells you , how John a Bishop of Rome became intercessour to Justinian the Emperour in the behalfe of poenitent delinquents , that were separated from the union of the Church , asscribing to him the authoritie , & honour of their restitution to the communion thereof . Which argues him , & his Presbyters , ( if you admit him not to be single in his jurisdiction ) at that time to have had no independent Discipine , to crosse the Emperours power , to have been no countermanders of his pardons . That the Magistrates in Holland have very often commanded the Pastours to their dutie in these cases . And that , by an old law in England , the Kings pleasure was craved before any of his servants could be excommunicated . Fraud in bargaining , false measures , &c. the Bishop takes to be maters of civile cognizance ; He findes them call'd abomination to the Lord ▪ not any where such scandals to the Church , as to require publike satisfaction . What Ecclesiastike rebukes are due , he thinkes may be given by particular Ministers in their several charges ; without a summons before a Consistorian judicatorie . Die Ecclesiae was no praecept of speed ; There were two or three errands to be done by the way ; The offended brother hath , after conference , a private arbitration praescrib'd him : Nor doth it appeare that , in cases of this nature , our Saviour ●…ing'd him a warrant to fetch his adversarie to the Church , not a word is there that doth authorize the Church to command him out of the Court , to anticipate , or aggravate the civile censure by the Reviewers Ecclesiastike Rebukes . The Bishop speakes of Presbyterie in the institution , makes no instance of it in the practice ; I 'll take no mans word for disciplinarian honestie throughout 30. yeares trading . The saints , after that rate ; will not be readie at Doomesday to give up their account of compassing the earth , & getting in their inheritance annex'd to their dominion , which they will have founded in grace ; If the Presbyteries , wherein all that time you were conversant , were no merchant adventurers , tooke no share ●…f the purchase , they have kept some Jubilee to lease out their indulgence ; Or it was , not unlikelie , a piece of your Kirke-policie to connive a long time at all petie larcenie , knowing who at length would be catch'd in the great cheate , the 200000. pound sale of damnation to their brethren , & yet keeping backe whole viols of vengeance , and wrath unto themselves . For the many causes of Ministers deprivation , cognosced upon in your Presbyteries , you have the good liking of neither Papists , nor Praelates , who finde no canon , that gives commission to such a mungrel socitie of lay-Clerical Presbyters to take away , what they have no power to conferre . If I give , but not grant , your usurped tyrannie a priviledge , by many yeares rebellious praecedent , to cognosce of such cases , I must except against clipping of canons ; the coyne that beares the Majestike image of the Primitive Church , such as is the 67. in the fourth Councel of Charthage , Seditionarios nunquam ordinandos Clericos , sicut nec usurarios , nec injuriarum ultores . The first of the three had met with your vertous Fore-Father Knox in the Castle of St. Andrewes , & sav'd all the mischiefe we have reap'd by his call from abetting the murder of Cardinals , to rebelling against Princes , renting the Church , & the Commonwealth into Congregational , & Covenanting parties . The last , which was your injust praetense , if not in your banners , at least in the Remonstrances , which you brought in your hands when you invaded England ( Canons holding aswell for depriving , as ordaining ) had rid us of all the rable of Rebellious revengefull Presbyters without a stroke . For the businesse of usurie , I shal not draw up my charge till I discover the Scottish Presbyterian Cantores ; Yet you were best have care ( whatsoever becomes of the ancient Canons ) that you be not too severe in depriving for that , lest you get a rebuke from your brethren abroad , who , it may be , desire not to shake hands with you in that point of the Discipline . The Bishop neither tooke out , nor put in any causes of Church-mens deprivation , but merelie transcrib'd , what he thought more concern'd a Civile Court , then a Synod . If he had been at the charge of reprinting all whereof your booke of Discipline makes mention ▪ he must have left an &c. to bring up a reserve ( though yov will not owne it ) of preaching , penning , practizing , schisme , sedition , Rebellion against moderate , just , & pious Kings , aswell as what your Assemblies were solicitous to prohibite , under the terme of Schisme , or Rebellion against the Kirke . For the first , & last of the three sinnes you draw out ( because you will have the pleasure , at least , of licking your lips at the naming ) His Lordship knowes no Bishop , nor Doctour but may finde a namelesse Scottish Presbyter to give place to ▪ If he should be mistaken ( which he hath not so much reason to hope , as charitie to wish ) he sees in St. Iames the guilt of murder aequivalent to adulterie , & made as great a transgression of the law ; He heares of Isaiah's triel in Scotland , which deserves the same wonder ▪ & crie of the Prophets . Ye are drunken , though not with wine , ye stagger , though not with strong drinke , &c. And , since your last returne ou●… of England beholds sitting at Edenburgh , aswell as London , the great whore [ instead of her blew ] arrayed in purple , & scarlet colour , & decked with gold , & pretious stones , & pearles , having a golden cup in her hand full of abominations , & filthnesse of her fornication ; And upon the forhead of the woman drunken with the bloud of the Saints , & with the bloud of the Martyrs of Iesus , a name written with a beame of the sunne , Mysterie , Babylon the Great , The Mother of harlots , & abominations of the earth . For the third sinne of gluttonie [ which you will have produc'd , because in your canon , though not much for your credit that your excessive gossiping comes to be cognosced by your Church ] all Bishops , & Doctours may freelie bid defiance to your sect , of whom so manie are so often known to be as fed horses in the morning , & though you flatter yourselves into a conceit that the noyse is not heard , are neighing as much as those in Isai. So that you may in due time have , what you better deserve , the same curse with the Priests in the Prophet Malach. which will spoyle your reviewing & singling out other men●… errours , or secret sinnes to the shame of Christianitie among the Nations , when your selves are spiloi , kai momoi , the principal spots , & blemishes that are in it . God may corrupt your seed , & spread dung upon your faces , sol●…nitatum st●…rcus , even the dung of your solemne feastes , & you , more likelie then they , may be taken away with it . The Bishops third chalenge mounts somewhat higher then your answer , which pleades onelie for preaching upon texts , concerning the Magistrates dutie , & resolving , from scripture , their doubts , both which reach up onelie to a judgement of direction : but his Lordship cites the clause in your theorem , which makes difficult cases between King , & people subjects of cognizance , & judgement before the Assemblies of the Kirke , And this , he sayth , riseth to a judgement of jurisdiction . Your second booke of Discipline is more modest in language , though as mischievous in meaning . The Ministers exerce not the Civile jurisdiction , but teach the Magistrate how it should be exerciz'd according to the word ; whereas if you take cognizance of , & pronounce judgement in , these difficult cases , Or call before you such as may be more easie , but should be heard otherwhere ; this is no other but exercing civile jurisdiction , as spiritual as you make it . If you , with the terrour of your excommunicating Maozin , overaw the Magistrate into a servile submission to what you praescribe , this I take to be no teaching , but commanding , & instead of resolving by deliberate advice , & Christian moderation , cutting in sunder with this sword of your spirit ( no word of Gods ) the knots , & perplexities of his conscience . What doubt-resolvers you are commonlie between Master , & servant , husband , & wife , your licentious demeanour in many families may informe us , where ( it is too well know'n ) you have made your selves judges of the trivial oeconomical causes in the hall , & dispensers of , or with , more private duties in the chamber ; So that , they say , the good man hath many times met with a consistorian censure at his table , & , if not with a Presbyter a Presbyterian prohibition in his bed : I beleeve you mistake preaching Praelates , & Doctours for some babling Puritanical Pastours , & Lecturers in England , who have made these things ▪ their care , & gone about them , as the uncontr●…verted parts of their Ministerial function . The Bishops negligence herein was the silent reverence he payd , which you owe , to Majestie at a distance ; And His Lordships modest declining domestike curiosities , a civile diversion from that , wherein the word is so cleare , as to need no interpreter , & the Husband or Masters authoritie so absolute , a●… admits no superintendencie to praedominate . Your license to preach personallie against Princes , I finde given to your Fore-fathers in an answer to the Queenes proclamation 1559 Your tradition still continues the same , touching which ( for brevities sake ) I must againe send you ( as I can not too often ) to the famous Grotius . De Imper. Sum. Pot , cap. 9. What the Parliament propon'd to you about the late engagement , included no such great scruple of conscience as to long for the comfort of your resolution , nor was that , when they had it , the starre by which they steer'd their course , in the businesse . They knew your violence [ call'd zeale ] to be such , as would force an entrance into the hearts of many poore people , which , when it findes emptie , swep●… & garnished for better ghests , would call in 7 wicked rebellious spirits to possesse them . This epidemical mischiefe they endeavour'd to praevent by acquainting you with the plausibilitie of their enterprize , & if they could have praevailed for either your consent , or silence , they should have the lesse need ▪ they thought , to looke backe in the prosecution of their designe . What conjunction soever you found to be at that time driven on , I can assure , you there was a clearlie malignant partie on this side , that found themselves separated , & who trembled at the hazard of their religion , & the persons of them , that were to be most eminent instruments of its praeservation , when they saw such a solemne outward compliance with oathes , & Covenants , & with a Committee of Estates , that declar'd so at large for the former joint-interest with England , against the Liturgie , & established religion in our Church . Yet their warning against it made no other noyse then sounding of their bowels in compassion to the King ▪ whom they desired to have by any meanes , delivered out of the hands of the mercilesse Independent , and a tendernesse toward their swee●… , & ingenuous Prince , who with his loyal & generous Nobilitie , they feard might be deluded , & fall into the hands of the darke mercenarie Presbyter , the orthodoxe , untainted partie being not intermix'd in such a visible number , as seem'd likelie to secure them from that danger . The Congregational supplications were naught , but your Consistorian jugglings : Your selves sow'd the winde in some whispering Assemblie instructions , & then reap'd the whirlewind . in tumultuous petitions from the people . So that your own spirit first rais'd the storme , & then wrapt it selfe in a mistie multitude for concealment . That the States of the Kingdome sent several expresse messages for that end , viz. to receive an Assemblies replie in a Magisterial Declaration against their proceedings ; in pulpit banning ▪ & cursing ; in Clamourous seditions , & , as you could make , militairie opposition , I can not get within the compasse of my faith , & take it to be such a salving of conscience as none but a Scottish Classical Casuist will professe , beyond what any Jesuite in ordine ad spiritualia will challenge with all the rebellious circumstances , that accompanie it . For that filthie conclusion you cast upon the Bishop , we know aswell as if we had seen it drop , that it came from the corrupt praemises in your head . In the case you produce His Lordship ties not up the tongues of Gods servants , but concludes the counsel of the wicked to be deceit , Gods law not to be taken from your preaching , nor his Covenant any more from , then in your mouth . To applie your general to the particular in hand , The warre you thought unlawfull , because it proclaim'd libertie to the captive , & the opening of the prison to His Majestie that was bound ; And the law in St Iames , you had no reason to submit to , who may , not uncharitablie , be thought to have resolved upon a connivance at , or collusive neutralitie in the murder , that was otherwise visiblie to follow . The greatest impietie , & injustice , I know , was in it ( as exquisite as you are in casting the fashion of uncertain evils ) was the advancement of your Covenant in the Van. And , if for that , the Engagers were to ▪ expect nothing but the curse of God , I am sure they deserv'd no anathema from your Kirke . If your doubting Nation be put in the scales with your resolving Nation that engaged , I beleeve we must give you at least a graine or two to make it aequiponderate . They , that stated their soules by the councel of your Assemblie , stay'd behinde to praevent all recruit , & oppose the retreat of their more loyal Countrey men upon a possible misfortune . For the lawfulnesse whereof they had somewhat , worse then silence , from the ( miscalled ) servants of God , though , I am sure , no authoritie from his word . When Religion , & Royaltie lay panting under the talents of most cruel Rebells , the Civile businesse of warre was by the other birds of prey unseasonablie disputed . What concern'd the soul in it , had the cleare sunshine from the law , & the testimonie to warme , & quicken it , That the Assemblie spake not according to this word , was because there was then no light in them , the lampe of the wicked was put out . What the Church declared in their publike papers to the Parliament had very litlie of modestie , or truth . It bound up your engagement in so many knottie conditions , as had made it sure enough for vindicating the wrongs the sectarians had done , when the onelie injur'd persons were excluded out of their share in the promised successe . To expect reason by Christian , & friendlie treaties from them that you acknowledge had bid adie●… to Religion , & Covenant , when your zealous selves , praetenders to both , never offered any heretofore , was like the fine-spun thread , or Covent garden paper you put in afterward between the axe & the Royal head it cut off : If the good people in Scotland were so willing to hazard their lives , & estates ; what good Pastours were you that held their hands , & forc'd then to sit still . By whose cunning , & misperswasion the engagement was spoyled , or impeded in the stating , we require no farther evidence then from your pamphlets , By whose rash praecipitancie , or somewhat else in the managing ( if it may not be ascribed to the fortune of the warre ) is a mysterie yet not perfectlie revealed . The number was large enough , though the most religious , as you call them , were absent , & the armies courage , I thinke had not been much greater by their companie . The lies spoken in hypocrisie , did but cauterize the conscience of the wretched people that stayd at home . The lethargie , call'd peace , which they slumber in for the time , may hereafter breake out into an active warre , to the ruine of the Assemblie spirits that seduc'd them . The three reasons the Bishop toucheth upon , as the principal , may be the test for the many more that went with them . So that we shall not need to rake in your dunghills for the jewel that you promise , which , when we have found , will not yeild one graine of faythfullnesse in your Church . They , that foretold the destruction that followed , were not unlikelie the instruments to effect it . If the Kings friends should not march till the Assemblie Zedekiahs put on their homes , though his person be more righteous , we looke his successe should be litle better then Ahabs , & the Independent Syrians push'd no otherwise then in mockerie and sport , while his loyal subjects should be too seriouslie scatered on the hills as sheep that have no shepheard to enfold them . If the misbeliefe , & contempt of whom you call the Lords servants , & the great danger , unto which you make religion be brought , were the onelie losses sustain'd in the last armies misfortune ; let those workers of iniquitie perish , that to the ruine of soules , endeavour to repaire them . What griefe of heart , or repentance , hath shew'd it selfe in those persons , you say , contributed to the spoiling but must meane , unlesse you condemne your selves , such as were forward in promoting that designe , whether in a politike hypocrisie , or ( which can hardlie be rationallie afforded then ) a misguided sinceritie , will find it to be poenitenda poenitentia , & a hard retreat from the guilt , & shame of that botomlesse penance you praescrib'd them ; unlesse their judgement be , as their sinne , the same with his who sold his birth-right , as they theirs to their libertie , for a morsell of bread , a poor inconsiderable temporal subsistence , & may finde no place of repentance , though they seeke it carefullie with teares . Should all the Disciplinarian hands be cut off , that were not held up to the agreement of bringing , by a warlike engagement , the Sectarian partie in England to punishment , David Lesley would have but a left-handed armie , & His Majestie might relie upon halfe his securitie aswell for his crowne , as his religion . They who , to gaine their arreares , so easilie , I must say ●…aitourouslie , parted with that Royal person , are not to be credited as men so unanimouslie resolv'd , with hazard of lives , & estates upon his rescue . Nor can any man , whose faith as not resolv'd into aire , & so , readie to engender with the faint breath of every dissembler , beleeve that they would with such hazard make a long march to the Isle of Wight , who would not , with lesse , conduct His Majestie , a day , or two from Holmebie . But had you been at that trouble , & had Victorie strewed roses in your way , when you should have with pleasure regain'd the rich purchase you went for , I preceive you had been at a losse for a chapman , & a great uncertaintie where to dispose it untill you had got one . For first you talke of bringing the King to one of his houses to perfect the treatit , Then of bringing His Majestie to London with honour , freedome , & safetie , Next of bringing him to sit in his Parliament with what honour , & freedome himselfe should desire ; And all these with in the extent of a few lines , which make three degrees of doubt in the Saints , even after their debate of that matter , & universal agreement , not to be quaestion'd . But let us suppose the last , & best of the three in your purpose , & your avant Curriers on horsebacke to hasten it : I see you are pleas'd to call them backe with a quaestion , to which I pray tell me where the Lords servants , or loyal subjects of Christs Kingdome e'r made a like . Yet you , shall have your answer by & by , though you shew not the like civilitie to the Bishop , who seemes to state his quaestion thus . Whether when the Parliament , & Armie of Scotland had declar'd their resolutions to bring His Majestie to London , &c. without conditioning for a promise of securitie , for establishing ( at best a controverted ) religion , any legitimate full Church Assemblie ought , an illegitimate imperfect Clerical combination or Conventicle , could in ordine ad spiritualia , declare against the engagement ; call for the Kings hand , seale , oath , to establisp a cut throat covenant to the ruine of his person , & posteritie , Religion , Lawes , Libertie , Monarchie , & whatsoever His Majestie was , by a solemne oath , & indispensable peswasion of conscience obliged , with the hazard of life & Kingdomes , to maintaine . In answer to yours take this . The Parliament , & armie of Scotland in declaring their resolutions , &c. did what they ought , & that according to your own principles , for you had the securitie of His Majesties Royal word [ more then once ] for establishing your Religion in Scotland , according to the treaties that had been perfected between the two Kingdomes ; If you intended the like courtesie to England , your Parliament , & Armie , had it consisted of none but the Saints , were in no capacitie to take it , being no part of the principals concer'd in the benefit , nor deputed by England to capitulate for it , Therefore their rescuing His Majesties person out of the Sectaries hands , had been the untying of his , & puting him in a posture to give ; The bringing him to his Parliament in London , where likewise your own Commissioners resided , had been the seting him in sight of such as were to aske , & receive . Which is the same kind of Logike you us'd in your answer to both Houses of Parliament upon the new propositions of peace , & the 4. bills to be sent 1647. Where I finde your opinion , & judgement to be this , That the most aequal . , fairest , & just way to obtaine a well-grounded peace is by a personal treatie with the King : & that his Majestie for that end be invited to come to London with honour , freedome , & safetie . For which you offer 6. reasons . 1. The sending of your propositions without a treatie hath been often essayed without successe ....... Of those propositions this ever was one , To promise securitie for establishing religion , And what better successe could now be exspected ? 2 ........ His Majesties proesence with his Parliament must be the best , if not the onelieiremedie to remove our troubles . This remedie the Parliament , & Armie intended to helpe you to . 3 ..... .. Without a treatie or giving reasons for asserting the lawfullnesse , & expedience of the propositions to be praesented , they may be aesteemed impositions . This proposition was to be sent without a treatie , being neither lawfull nor expedient for the many reasons His Majestie had formerlie render'd . I remit the Reader to your paper for the rest , & a great deale more of selfe contradiction ( with somewhat worse , ) which one of the new English Lights hath discover'd in his answer . But you shake of that like an old serving-man which had done your drudgerie in his youth , & bestow your liverie on the Parliaments praecedent , which providence , beleeve me , will save you but litle . Your argument's this : The Parliaments of both Kingdomes in all their former treaties ever pressed upon the King a number of propositions , Ergo , The Church may desire the granting of one . I should be too courteous in casting up the numerous account of their rebellions aequal to their propositions , & keep out but a single unitie for you . I shall chuse rather to tell you ( cautioning first for the falshood in the fundamental hypothesis ) That in cases of treatie the Church of Scotland is subordinate to one , & therefore hath no adaequate conditioning priviledge with the Parliaments of both , Kingdomes , especiallie in her peevish state of opposition to both . Secondlie , This proposition desired , is the Trojan horse into which all the rest of your treason 's contrived , there being no fraudulent possibilitie , Ecclesi●…stike , nor Politike , which your Sinon Assemblie hath not cunninglie lodg'd in the bellie , the winding entrailes , the maeanders , of the Covenant . Your clause in the parenthesis , when the bolts are off , & set at libertie , tells us your meaning is this . Let the Kings person , & children continue imprison'd , His Queen , Prince , &c. banished , His revenue sequester'd , his life be irrecoverablie endanger'd , rather then those of the Scottish Presbyterian partie ( for the rest you can not excommunicate out of your nation , though not in your covenant ) should run the hazard of their lives , & estates ; Which was the true result of your debate , & agreement . That you heard no complaint , when many of the thirtie propositions were pressed , was , because your eares were stopt against the lamentations of everie English Jeremie that wept for the slaine of the daughter of his people , being such an Assemblie as the next verse describes you . That an out crie , as you call it is made when onelie one proposition is stucke upon , is because that one streightneth the bands of your wickednesse , layes heavier burdens upon the shoulders of innocencie , & will not let the oppressed goe free ; And then Gods Prophets are call'd upon to crie aloud , not to spare , to lift up their voyce like a trumpet , &c. This one was that , the yeilding to which would most of all have violated His Majesties conscience , & in reference to which he tells you ' t is strange there can be no method of peace , but by making warre upon his soul. Yet let the case be disputable , & your tender excusable , at least in respect of the time , which you say was not to be before His Majesties rescue , but onelie before his bringing to London , &c. If so , why was not His Majestie first rescued , & delivered out of the hands of the Sectaries , & then your proposition insisted on ? The Bishop tells you the reason out of Humble advice , Edenb . Jun. 10. 1648. viz. lest his libertie might bring your by gone proceedings about the league , & Covenant into quaestion . All honest Christians , & loyal subjects [ though heathen ] are of the same beliefe with his Lordship , & whatsoever is their opinion in generall , expect that you prove the innocence , or justice of conditioning in this particular with your confess'd captive King. Concerning the absolute soveraignitie of Kings you are otherwhere answer'd , & if not satisfied , may finde more worke made you by the famous Grotius , whose booke was manifestlie penned against you , & your usurping brother-Rebells of England , & bids defiance to all your Didoclaves , Buchanans , & Brutus's of both nations , till replied to . But away with your counterfeit inclination to treaties , which you ever abhorred like death , fearing in that peace , there could be no peace for your wicked selves , & therefore gave publike thankes to God for delaying your torments in the disappointment of that at the Isle of Wight , aswell by your plots , & devices , as by the Sectaries armed-force . The holinesse of this religious proposition was but the blinde under favour of which you stalked , & made safer approaches to His Majesties murder , by another , never hitherto repeald , immutablie design'd ; Nor are there many of your publike papers but forespake the destruction of his Royal Person , and Familie unlesse he submitted to the tyrannie of your tearmes , and whether that had quitted him as much from your judgement , as it assuredlie had from his supremacie , and crownes , may be guessed by the experiment he made in his first too full , fatal concessions , which your own Parliament Acts have registred completelie satisfactorie to the demands or desires of all sorts of people in Scotland , which too indulgent paternal , goodnesse having turn'd into poison , you regorg'd in his face by a foreigne invasion , and a base mercenarie rebellion till , like evening wolves , you rent in peices , and prey'd upon his person in the darke . The proposition I meane is that , for which one of your sectarian brethren calls God , Angels , and Men to judge of your dissembling in pressing a personal treatie , when His Majestie formerlie desiring one , you told him , There having been so much innocent bloud of his good subjects shed in this warre by His Majesties commands and commissions , .... you conceive that untill satisfaction , and securitie be first given to both his Kingdomes ▪ His Majesties coming to London could not be convenient , nor by you assented to . What satisfaction you meane , we know by your Discipline , which makes murder unpardonable , and then I pray , what securitie could be taken , but his life ? If the granting this one proposition you stand upon , concerning Religion , and the Covenant , had draw'n after it ( as it seemes by your silence ) the satisfaction for bloud , and securitie for your peace . We may clearlie conclude your Religion was murder , and no resting Canaan for your Covenant but in His Majesties death . Which in effect was thus foretold him by that bold Henderson . My soul trembleth to thinke , and to foresee what may be the event , if this opportunitie be neglested . He would not use , he said , the words of Mordecai to Esther , because he hoped beter things . Whereas if his hopes faild him , we may well argue he had us'd them , as you doe , that survive him , in your endeavour that he , and his fathers house should be destroy'd . But that you take confession to be the Doctrine of Antichrist , you m●…ght , without an ironie , put an c●…ce to your own being criminous , to the purpose ▪ in declaring against the Parliaments debates , which if therfore needlesse , and impertinent , because you thinke , or will have them thought to be so , the Great Councel you make but a subordinate Eldership , or Classe to the supreme Assemblie of your Ki●…ke . You are not allwayes so modest as to keep your distance from your English Parliaments affaires ; We have for many yeares found you like loving beagles , upon eithers concernment , so closelie coupled in the slip of your Covenant , as if , when the game should be lost upon eithers default , you meant to be truss'd up together for companie . If it be proper to have any King in Scotland , the proper place of debate about his negative voice is as well a free Parliament there as in England . If your lawes admit not of that , they admit of no King , whose Regalitie consisteth in that , nor hath he any legislative authoritie without it . It is the argument of your own Commissioners , who use to fetch their Syllogismes from the Assemblie , therfore you that made it are best able to solve it ▪ Their , or your , words are these . The quaestion is where in his [ the Kings ] Royal authoritie , and just power doth consist . And we affirme , and hope it can not be denied , That Regal power , and authoritie is chieflie in making , and enacting lawes , and in protecting , and defending their subjects , which are of the very essence , and being of all Kings . And the exercise of that power are the chiefe parts , and duties of their Royal office and function . And the scepter , and sword are the badges of that power . Yet the new praeface compared with other parts of these new propositions takes away the Kings negative voice , and cuts off all Royall power , and right in the making of lawes , contrarie to the constant practice of this , and all other Kingdomes . For the legislative power in some Monarchies is penes Principem solum .... in other .... by compact between the Prince , and the People .... In the last the power of the King is least , but best regulated , where neither the King alone without his Parliament , nor the Parliament without the King can make lawes .... which likewise is cleare by the expressions of the Kings answers , Le Roy le veu●… , and Le Roy s●…avisera ; So as i●… is cleare from the words of assent when Statutes are made ; and from the words of dissent , that the Kings power in the making of lawes is one of the chiefest jewels of the cro●…ne , and an essential part of Soveraignitie .... somet mes the Kings denial had been beter then his assent to the desires of the Houses of Parliament .... If I had transscribed all , the Reader had found the argument more full . Out of this , compared with what you write , he may rest assured , that in declaring at that time against the Parliaments debate ( which in truth was vindicating the Kings negative voice ) you were resolved against Regal Government . And whatsoever since you have publish'd in a mocke proclamation , had your Covenanting brethren kept their station in England , the Crowne and Scepter , if not condemn'd to the coyning house , had been kept perpetual prisoners in Edenburgh Castle , whither with funeral solemnitie you have caried them ; nor had there been any Royal head , or hand kept above ground for their investment , while your Rebells could catch them , and procure sword , or axe to cut them off . But to follow you in your tracke . If your lawes admitted not absolute reprobation , by a negative voice , they did praeterition by a privative silence , which was all together as damnable to your Parliament bills , they being made Acts by His Majesties touch with the top of his Scepter , and those irrefragablie null'd which he pass'd by . In what followes , you shew more ingenuitie , then prudence , by acknowledging the ground whereupon you built your censure of this debate in Parliament as needlesse and impertinent , because of the power it might put in the hand of the King , to denie your covenanted propositions . But alasse you graspe the wind in your fist , and embrace an a●…ie cloud within your armes , and , like some fond Platonike , are jealous over that jewel you never had . The King of blessed memorie told you , when he spake it to your brethren , He would never foregoe his reason as man , his Royaltie as King. Though with Samson he consented to binde his hands , and cut off his haire , he would not put out his eye●… himselfe to make you sport , much lesse cut out his tongue , to give you the legislative priviledge of this voice . That you , at best , sit in Parliament as his subjests , not superiours , were call'd to be his Counsellers , not Dictatours ; summond to recommend ; our advice , not to command his dutie . And what pretie puppets , thinke you , have you made your selves for so many yeares together to the scorne of all nations , when you so formallie propounded to His Majestie to grant , what you professe he had never any power to denie . What comes next is one of the many springes you set to catch cockes , but your lucke is bad , or you mistaken in your sport . I see if you were to make an harmonie of confessions , you would be as liberal of other mens faith , as of your own . What the beliefe is of the warner , and his faction about the absolute affirmative voice of any King , you had heard more at large if you had fetchd your authoritie from any line in His Ld. booke for that demand . Yet to keep up your credit ( that you may not mount to no purpose ) . I will bring one who , in spiritualibus at least , shall take off this sublimate from your hands , and pay you with more mysterie of reason then you have , it may be , found in any other of the faction . Nulla in re magis ●…iucescit vis summi Imperii , quàm quod in ejus si●… arbitrio quaenam religio publicè exerceatur , idque praecipuum inter Majestatis jura ponunt omnes qui politica scripserunt . Docet idem experientia , Si enim quaeras cur in Anglia , Maria regnante , Romana Religio , Elizabetha verò Imperante Evangelica viguerit , causa proxima reddi non poterit nisi ex arbitrio Reginarum . Going on in the Religion of the Spaniard , Dane , Swede , he tells you ad voluntatem dominantinm recurretur . Though I shall onelie give you this quaestion in exchange for your language of concluding , and impeding . If Parliaments have power ad placitum to conclude , or impede any thing by their votes , what part of making , or refusing lawes is to the King ? If the Bishop had challeng'd you for nominating officers of the armie , you are not without some such parrot-praters abroad as can tattle more truth then that out of your Assemblies . Nor need you be so nice in a mater so often exemplified in Knox , & his spiritual brethren , who , as appeares manifestlie by their leters , &c. Were the chiefe modellers of all the militia in their time , and His Ldp. having shewed you when your pulpit Ardelios incourag'd the seditious to send for ( though in vaine ) L. Hamilton by name ( and Robert Bruce dispatched an Expresse for him ) to be their head . You are here charged onelie with not allowing such as the Parliament had named , because not so qualified as you praetended . That the State ever sent the officers they had chosen , to doc over all the postures of their soules , to discipline either their men or affections before you , and to have your Consistorian judgement of their several qualifications and abilities , is more I confesse then hitherto I have heard of . That you put it to the last part of your answer ( relating to no part of the quaestion ) was but to shew what you beare in your armes ; That , as plaine as you looke , the crosse on the top of the crowne is the proper embleme of your Assemblie , whom no civile mater can escape , having a birthright from Christ ( or deputation at least ) to overrule both his Kingdomes upon the earth . Your Ifs & And 's about the necessitie of a warre , in that moment of time , when the British Monarchie Lay gasping for life , demonstrates what good meaning you had to praeserve the Person , or Government of Kings . The constant proofe of that integritie you required in the officers , must have been the covenant-proofe of their rebellion , and wickednesse , which , if blemished from the beginning of the warres with no religious , nor loyal impression , no sincere pietie toward God , nor real dutie to the King , had marck'd them out for your Mammon Champions and Goliahs , men most likelie to make good the interest , you aim'd at . This you were before practising in England , where your Sectarian Masters , that had set you on horsebacke , mean'd not to take your bridle in their mouthes , and be rid by your ambition to their ruine . Though you advis'd them faire for 't in your Papers March 3. 1644. requiring to have the officers in their armie qualified to your purpose ... men know'n to be zealous of the reformation of religion , and of that uniformitie . Which both Kingdomes are obliged to promote , and maintaine , &c. As in September , the yeare before , you told them you could not confide in such persons to have , or execute place , and authoritie in the armie raised by them , who did not approve , and consent to the Covenant . Which I finde by one , well acquanted with your meaning , interpreted thus . You desired to have zealous hardi●… men out of the North , whose judgement about the Covenant , and treatie had concurred so as to introduce your Nation to be one of the Estates of England , to have a negative voice in all things , who would have pleaded your cointerest with the Parliament of England , in the Militia of the Kingdome , disposal of places and officies of trust , &c. Having faild there of your cointerest with the Parliament , you straine here for your cointerest with the King , and would have the commanding power of his militant Kingdome in their hands , that should have held His Majestie like a bird in a string , which if he once stretch'd for recovering his own just liberties , or his peoples , they could have pluck'd him in to clip his troublesome wings , or cage him at their pleasure . The firmnesse of your Covenanting Commanders to the interest of God , the Dispeller reveales in his experience of their striking hands with hell , in cursing , and swearing , plundering , and stealing , which might have fill'd the hearts of the people ( had your poison not been administred under the guilt of wholesome advice ) with more rational j●…lausies , and feares then any by past miscariages , of them whose designe at that time was very hopefull , and honourable , otherwise then as it caried the fatal praetext of your Covenant before it . To let the world know how long your mysterie of iniquitie hath been working in the bowells of the State , the Bishop alledgeth ancient praecedents of 80. yeares standing , from more impartial , more credible relations then those in your Romance , falselie intitled , An Historical Vindication . What you shovell in here about treacherous correspondence with Spaine , is but an handfull of sand without lime , adhaeres not at all to the Inquisitours troubling the Merchants in their religion , nor that to your admonishing the people to be warie in their trade ; nor all at all to the truth which the Bishop tells you was a Synodical Act prohibiting their traffique under the rigid poenaltie of excommunication , which , all the art you have , can not melt into a friendlie advertisement . Those of the Merchants , whom ( you say ) the Inquisitours seduced , required no relaxation ; Nor were the rest so persecuted as to be discourag'd in their trade , when they petition'd the King to maintaine that libertie , where of your spiritual chaines had depriv'd them . Therfore all your courteous mediation was but a disguis'd Imperious prohibition , whereby you checkt the King , and in ordine ad spiritualia tooke it for granted , you mated him , by the Merchants weake submission , to your Censure . Could we but once take it your Church in agrieving fit for her owne so publike profanesse in the daylie breach of the 5 , 6 , & other commandaments that follow , we would tolerate her zeale though not commend her discretion , in her will worship , & superstitious nicitie touching the violation of the fourth . But when we finde her enlarging her conscience to laugh at rebellion , murder &c. We guesse her crocodiles teares to be more out of designe then compassion , & her mouth open for the destruction of them , that are not , through knowledge [ of her hypocritie ] delivered . The profanation of the Sabbath is not so in conjunction with à Monday mercate , but that à Saterdays , journey , with some sixpeenie losse , or à Sunday nights watch , and labour might separate them . Your holie supplications were leven'd with Iudaisme , which had not the Bishops in Christian libertie eluded , as your advantage might lie , the Parliament might have next been importund to Dositheus's follie , to erect à rediculous statuarie Sabbath in your Countrey . Though I heare all were not so hard hearted as you make them , but that Patrike Forbes Bishop of Aberdene did translate the mercates ( which are none of the least ) in his diocese to wednesday , as the provincial records of that place will testifie , From the obstruction made by the rest to your petitions , you can not inferre , what you have formd in a calumnie about their doctrine , & example on that day . What sorts of playes ( which were not all if you reckon right ) the most emminent Bishops either us'd , or tolerated , were such as consisted with , and spirited , the Dominical dutie of publike and private devotion , wherein they had the authoritie and praecedent ▪ of otherguesse Christians , then any scotish Assemblie praecisians , and seconded with reason , such as hitherto , you never seriouslie , and solidelie answered . If they endeavoured to make the Sunday no Sabbath ; they did it in a farre better sense , and on better grounds then Rob. Bruce could have changd it , as you know he endeavoured , to Wednesday or Friday , and Lent from spring , to Autumne , on purpose to priviledge the pure brethren ' in the singularitie of their worship , and free them from a profane communion ( though not in the time ) with Papists , and Praelates . If the Bishops had a designe to advance their Kingdome by such old licentiousnesse , and ignorance as this innocent libertie might be feard to reduce ; We know to whom the Presbyters somewhere are beholding , at least for their Sabbath policie , though they thinke good to enlarge it , beyond Episcopal sports , and playes , to publike mercates , to brewing , fulling , grinding , carying beer , corne , dung , and indeed what not ? except opening whole shops , and wearing old clothes ; For redressing which I doe not finde your compassionate prayers to god , or advice to them ▪ ( which I remember you us'd ) so effectual as to make any amendment , or gaine any proselytes to your circumcised severitie . Therefore , till you praevaile I pray let the Bishops be troubled no more with what all your flintie fac'd malice can not appropriate to ▪ the times , or places of their government . What hath been granted since you cast them out of the Parliament , was by them ▪ that had no more power in one sense to giue then in another to denie . Yet had all your demands meant no worse , then you spake in that about the due sanctification of the day , you might have let them sit still , have had the Souters your friends reconcil'd , and made a better mercate of those Royal concessions , which met too farre ( unlesse your gratitude had been greater ) your unlimited reguests . For the chalenge that followes , The Bishop knowes so well the histori●… of that time , that he is faine to leave a masse of horrour unstampt in his thoughts , conceiving it uncapable of any due impression by his words . And whosoever shall looke upon Scotland at that time , shall finde it to be n●…fandi conscium monstri locum , a place that had bred such an hideous monster , as neither Hircania , Seythia ; no●… any of her Northerne sisterhood would foster . Not long before , when the Queen was great with child of that Prince , to whom you professe so much tendernesse soon after , not valuing the hazard , of that Royal Embryo , you hale her Secretarie , her principal servant of trust from her side and murder him at her doore ; Because the King would not take upon him the praerogative guilt of that cruel murder , according to the instructions you had given him , you finde him uselesse must have him too dispatchd out of the way , which was done , though not by the hands , by the know'n contrivance of Murray in his bed , his corps throw'n out of doores , and the house blow'n up with gunpowder where he lay . To get a praetense for seizing upon the yong Prince , you make the Queen and E. Bothwell ( because her favourite ) principals in the murder of his father , possesse the people with jealousie ; of the like unnatural crueltie intended to him . Hauing got the Royal infant in your hands , you not onelie null the Regencie of his mother , you worke all the villanie you could thinke on against her person in his name , and make him , before he knew that he was borne , act , in your blacke or bloudie habits , the praevious parts of a matricide in his cradle . In order hereunto the Queen ( as you say , ) was declared for Pope●…ie , which requires some Presbyterian Rebell glossarie to explaine it , there being no such expression to be found in the language of any orthodoxe , loyal Christians in the world . In this conjuncture of wiekednesse , that no other way of safetie was conceivable for your Protesting , and Banding religion , but a continued rebellion , no other to make sure of the infant King for your prisoner , the Kingdome your vassal , but by such a grand combination in treason , may be granted at sight of your several praeceding desperate exploits . For this end your General Assemblie might crave conference with such of the secret Councel who wereas publike Rebells as your selves . That your advice was mutual whose end and interest was the same , is not to be doubted , saving that we may observe such godlie motions to spring first from the vertuous Assemblie , as you confesse touching this . Your call was in much more hast then good speed , and your considerable persons conven'd a great deale more frequentlie then they covenanted . Argile , that did , slept not wel the next night , nor was he well at ●…ase the day after , till he had reveald your treason to the Queen Knox tells you , That the people did not joine to the lords , and diverse of the Nobles were adversaries to the businesse . Others stood Neuters , The slender partie that subscribed your bond began to distrust , were thinking to dissolve , and leave off the enterprise a confessed casualtie gave up the Victorie , with the Queenes person , unhapilie into your hands . This mixed , & extraordinarie Assemblie had litle sincere , or ordinarie maners to call that a Parliament , which was none , having no commission nor proxie from their Soveraigne and to make it one chiefe article in their bond , to de●…end , or endeavour to ●…atifie those Acts , which their Soveraigne would not , when the lord St. Iohn caried them into France . But they persisted in the same rebellious principle , professing in ●…rminis that tender to have been but a shew of their dutifull obedience And that they beg'd of them ( their King and Queen ) not any strength to their Religion , which from God had full power , and needed not the suffrage of man &c. They are Knox's words , which , were there no other evidence , are enough to convince any your aequitable comparers , That the just authoritie of Kings , and Parliaments in making Acts , or lawes is in consisten●… with the Presbyterian government . Which is the summe of the controversie in hand . No secret Councel , especiallie , if in open rebellion , can impower an Assemblie to issue letters of summons when their Prince's publike proclamation disclaimes it . The greatest necessitie can be no colour to that purpose , Though , what frivoulous ideas of great necessities the Presbyterie can frame , we may judge by their late procedings in our time . Your religion , and liberties seem then to have been in no such evident hazard , as you talke of ; if they were , you may thanke your selves , who had the Royal offer of securitie to both , the Queen onelie conditioning , & craving , with teares the like libertie of conscience to her selfe The life of the yong King was daylie , indeed , in visible danger from the hands of them , who had murderd his father , and ravished the crowne , or Regencie from his mother , but who they were I have told you . In such an ambiguous time ▪ men of any wisdome , other then that which is carnal , and worldlie , and so follie before God , would have betaken them selves to their prayers , & teares ; men of courage , and pietie would have waited the effects of providence , and not so distrust fullie , deceitfullie peic'd it with their owne strength . From such lovers of Religion , as contest , covenant , depose , murder ; as rage , ruin , proscribe , excommunicate , Libra R●…ges , & Region●…s Domme Good Lord deliver Kings , & countreyes from them all ; Fortis est , ut mor●… , dilectio ; jura sicut infernus ●…ulatio , Their love is strong as death , in the letter ▪ their jealousie is cruel as the grave ; The coales thereof , are coales of fire , which have a most vehement flame ; No waters of widowes or orphans teares can quench it ; No flouds of innocent bloud can drowne it . It 's not unlikelie the Praelates resolution may be , That when a most wicked companie of villaines had deposed two Queenes and killed one King ; endeavourd to smother the ●…potlesse Maj●…stie of a Royal Son with the fowle guilt of their injurie done to his Gracious Mother , which they cast enviouslie upon his name : And after these to draw a Nation , and Church , under the airie notion of a true Religion , never establishd by Law of God nor man , into a Covenanting Rebellion : And a free kingdome under a legal Monarchie into an illegal oppressive tyrannie . That in this case there ough to be a general meeting of Church and state , to vindicate Majestie , lawes , libertie , and provide remedies against such extraordinarie mischiefes . That the Presbyterian Scots never were , nor will be of this opinion , I take your word , and beleeve it . Take this supplement with you That E. Bothewell should kill the King to make way for Poperie , and Murray before endeavour to hinder his mariage with the Queen , under a praetense of a designe by that then to bring it in ( which historie relates ) will cost some paines to reconcile ▪ Errours and abuses in Religion , the ordinarie reformation whereof is referred to your Ecclesiastical Assemblies , are such onelie as appeare to be peccant against the ordinarie rule or canon by just authoritie established ; But that the Canon it selfe should be alterable at the pleasure of subjects in a combined Assemblies declining their subordination to a superiour power in King , and Parliaments ; and making them selves not onelie absolute to act , but supreme to praescribe , is contradictorie to all law , and aequitie nor can any necessitie countenance it . What you finde wrong in the Church , according to your method , must be no other , then that , which had been formerlie decreed in some of your Assemblies , which must implie a fallibilitie in their application of the rule ; This errour when you goe about to rectifie from the word of God , you may chance to have no clearer evidence then your praedecessours , nor the people assurance , that your eyesight is better . So that , for ought they know , one blinde Assemblie may leade another by the hand and both with their followers fall into the ditch . Beside It may so hapen , that religious Acts , answerable to the word , may be offensive to some wicked Assemblie , that have not the feare of God before their eyes , These if they have the power , to be sure they want not perversenesse to abolish ▪ for which I finde no cautionarie restraint in your discipline . For , after you have praetended to rectifie if upon your dissembling petition a following Parliament refuseth to ratifie that you have power to abolish , and establish what you please , I finde every where confessd by your faction . And this indeed , as you say , is your ordinarie method of proceeding in Scotland , but in no other Reformed Countrey , who every where attribute to the Magistrate and Archirectonike power in the Church , and but a ministerical , or instrumental to any Synod or Assemblie , Videlius , and other your brethren of note on this subject making you Bellarmines papists , though when your Kings , stand publikelie in opposition against you for the maintenance of their right , 't is quaestionable whether his most plausible reasons w●…l as well priviledge you in his doctrine . The legal method of England you know well enough is otherwise , and therfore can not ad mit of your Discipline without altering the fundamental lawes , the most essential part of gouverment in our kingdome . The three foolish , & unlearned quaestions that follow tell us you are in the mind to gender strifes , rather then according to Saint Pauls counsel , follow righteousnesse , fayth , charitie , or peace . To the first I answer . Christians of old , before the Emperial lawes for paganisme were revoked , were more or lesse hindred from embracing the Gospell , according to the zeale , rigour , remissenesse or clemencie of the Emperours that reigned ▪ Those that obeyd not their commands , suffer'd their punishments , resisted no powers , reversed no lawes . Nay , it s as high a trial as can well be instanc'd , when Maximilian , & Diocletian publishd an edict to demolish their Churches , and burne their Bibles , because one was found that in great indignation tore the paper in peices , being condemned to die , all Christians that heard it approved the sentence , and commended the justice of the pagan Magistrate in his execution . To the second thus . The oecumenical and National Synods of the ancients had ever the praesence or authoritie of the Emperour , without which they reformed no haerefies nor corruptions in religion . Who by ratifying their canon●… did cancel all the lawes of state , which did protect those errours When this could not behad but with praejudice to religion , the Emperours them selves being draw'n in by the haeretikes to their partie , they onelie declared their different opinion , submitted to censure , were disspersed in exile , nor did they countermand by the terrour of excommunication , and cursing , but when summond by the Emperour to rectifie any abuses in the Church . This may be seen in the time of Constantius addicted to the Arians . To your third I answer thus . The civile lawes in Britanie , I meane for our part in it , whereby Poperie was established , were annull'd by the King , whom we make absolute in that power . If the reformation begun by Hen : 8. be thought clogg'd with any seeming violence , sacriledge , or schisme ( which some ties on his conscience that requir'd a more deliberate solution , and some indirect passionate procedings give the Papists a kinde of coloural argument to object ) I see not how you are justified that imitate it , nor we bound to susteine the inconveniences that attend it , who may fairlie make the reigne of K. Edward our epoch , and from him , in his first Parliament , fetch our authoritie for the change . On your side of Britain , I finde naught but a continued rebellion in the reforming partie ( as you meane it ) till K. Iames grew up to a judgement of discerning and some resolution of restraining : Nor till that time ( though I hope well of many thousand persons under a Presbyterian persecution ) can I in reason quit the praevalent part of your Church from a succession in schisme . For Germanie and France I have no more to do at this time to be their judge then their advocate , seeing no where His Lp. joyning with his brother Issachar in impleading then for rebellion . All you can logicallie collect is such a major as thi●… They who reforme according to the Presbyterian Scotish met●…od by abolishing Acts of Parliament in a surreptious or violent Synod , by framing Assemblie Acts for religion , and giving them the authoritie of Ecclesiastical lawes , without or against the consent of the Magistrate cheate the Magistrate of his civile power in order to religion . If you will needs be assuming in behalfe of your brethren in Germanie and France , they must put you to prove it , or quit them selves of your conclusion as they can . In the meane time I see your pasture is bad that you turne your catell so often grazing abroad . For the foole in the next line you send to the Bishop , I guesse it may be his minde to have him return'd by the creature that caries his brother Issachars burden , expecting a wiser answer by the next paper Mercurie you imploy ; which can not be without bringing to light that law that praeauthoriz'd the Ministers protestation against the Acts of Parliament 1584. And that Act of Parliament since the null Assemblie of Glasgow yet standing in force that made Bishops and ceremonies vnlaw full ; The former , beside the contradiction it caries with it , devolving the legislative power upon the Kirke , which according to you can keep the Parliament in awe not by petitioning but protesting , and so ratifie or null all lawes declared at her pleasure ; The latter , beside the long perseverance in sinne it imputes to the Latin and Greek Churches , as well before as after the corruption in either , the late warmnesse to all Reformed Churches abroad , which never hitherto in any National Assemblie declared regular Episcopacie and ceremonies unlawfull , outdoing the very Act of abolishing which his Majestie in Parliament ratified with reference to no unlawfullnesse , but inconvenience , & retracted that too in his too late , yet seasonable , repentance afterward . Though for what His Lp. objects , were there too after Acts of Parliament to ratifie the substance of what the Kirke repraesents , no one of them thereby justifies the circumstance of Ministers mutinous protesting against lawes made in houres of darkenesse , upon what misinformation soever , which is treason against man and excusable by no formal obedience toward God. This for the Bishop to publish , being one of the Governers of that Church which strangers plot what they can to seduce into the same rebellion , with their owne , is no contemning of law , but discharging his conscience and dutie in his place . By the next storie the Bishop will gaine a more perfect discoverie of your resembling those grievous revoiters in Jeremie , who walke with slanders , being brasse & iron ; Who bend your tongue like a bowe for lies , and yet , when the true case is know'n be accounted by Solomon but a fool for your labour . In King James's minoritie who stole his name ( though they ner had his heart ) to act by it the most unnatural oppression of that most gallant Queen his vertuous and gracious mother ; to murder and banish many noble assertours of the reformed orthodoxe religion , & lawes , appeares upon publike record in your storie . This one Capt. Iames Stuart very noblie with standing your divellish temptations to have him maintaine a distructive dissention at Court with Esme Stuart . E. Lenox , a faythfull subject & most deserving favourite of the Kings , & improving that litle interest you helpt him to ▪ to a more Christian conjunction in love and loyaltie , and a double vigilancie over the Kings person exposed too often to your treacherous designes , is unlikelie to have any better character at your hands then what you commonlie give to persons of such fidelitie and honour . His advancement to the titles & estate of E. Arran & Chancellar of Scotland , was partlie in reward of his guardian care over him whom somwhat else beside sicknesse had made unfit for the management of either . Yet were not these taken by force but on free session , then desperate ; to whom if the King were nearest in bloud ( not to mention a third which your zealous professours commonlie finde him ) his Majestie had a double title to his lands , & a power undisputable to dispose of the Chancellars office at his pleasure . What beside Capt. Iames's unheard of oppressions ( which dirt his zeale for religion contracts when it passeth through the uncleane chanell of any Presbyters mouth ) troubled the Nobilities Patience the reader may finde somewhat more trulie and impartiallie related not onelie in the Apocriphal histories of the two Rt. Reverend Arch-Bishops of Canterburie and Saint Andrewes ; but even in the Canonical tradition of Philadelphs Vindicatour , who praemiseth some repulse your Church Delegates had about their querulous petitions ; A difference that fell out between E. Lenox & Gowrie about some point of honour , to revenge which he calls Murre , Glame and diverse other disquiet discontented spirits into a confaederacie , whom you call a number of the prime best affected nobilitie , which improper title he more ingenouslie declines in a peice of Rethorical ignorance , putting his hand more modestlie before his eyes , as loth to looke on their sinfull rebellious demeanour . Qualescunque fuerint plerique eorum non multum laberabo .... qualis quisque corum suerit nescio : applies the blinde mans speach ' in the 9. of Saint Iohn . to the authours of the miracle in this change ; And beside the mere boast & no violence you reioyce in , confesseth diverse of the Kings servants were wounded among the rest William Stuart , the newes whereof brought Capt. Iames thither . Who was not chaced away by their strong breath , but clapt up into a castle by their power , the Kings guard being before remov'd from him , and His Majestie taken by Gowrie and his conspiratours into custodie ; The E. Lenox banished into France , where with in a short time he died , whether by griefe principallie , or his sicknesse , he defines not , He addes , That the Heads of this faction sent the Abbot of Paslet to your Assemblie at Edaenburgh for their approbation , who what soever they did afterward , at that time onelie thanked God for deliverance ( viz from the imminent justice of the law to which most of their Members were lyable ) durst not approve the businesse , or appeare to doe it at least ; put up a non'sense petition to God , praying him it were well done after it was done , and whether well or ill then unalterable by their prayers , or indeed by devine power , whose omnipotencie is not limited when denied to make good moral contradictions , to pleasure an hypocritical Assemblie ; He speakes nothing of the Kings sending to his Councel or judicatories to declare the act of the Lords convenient and lawdable , for which he expected no reasonable mans credulitie not patience , unlesse so farre as to spit it backe into his face ; Nor yet of His Majesties entreating the Assemblie , but of their sending Delegates to him . The answer he gave them , if any , or such as the Vindicator hath helpt us to , is much different from yours , and though not extorted by the terrour of death , which may well be suspected by the successive treasonable attempts of the same Gowrie and his sonne afterward , gives litle approbation of the fact , being onelie his acknowledgement of a blessing from God for delivering his person and the Commonwealth from mischiefe , by which doubtlesse he meant the happie praeservation of his life . So that I againe appeale to your aquitable comparers , what historical truth we are likelie to have of your penning ; when seting one Disciplinarian brother against another , without consulting unprinted records , we can confute you line by line among your selves . The letter His Majestie sent to Q. Elizabeth was forced . Regem invitum compulerunt , sayth Camden , where by he allowed no more that act for good service , then he would have done a thiefe for taking but his purse , when he might likewise have had his life , But to proceed . Capt : I'ames shortlie after crept not in , but was calld , Revocatur Aranius sayth your brother . Therevenge ( whether obtained by him or no ) was but the justice of the law , executed with litle severitie upon any , but moderated by the mercie of a gracious King , and tenderd to all upon submission ▪ But traitourous Assemblies giving universal allowance for possible misfortunes , had ever an aftergaime of treacherie in reserve . Therefore the Ministers running at this time into a voluntarie exile was upon the apprehension of their guilt , & diffidence , even in the word of a King for their impunitie if not rather a designe to make His Majestie secure , and so to praepare for the treason at Striveling that followed few moneths after , where not onelie Capt : Iames was cha●…'d away , but the Kings life endangerd , for which Gowrie very justlie payd his owne . These their actions were ratified by no Parliament but a partie , nor stand they justified by any butsuch as were the actours . The action at Ruthuen being with the advice of the three Estates Assembled in Councel judge and published to be treason in December 1583. And not onelie M. Baylie declar'd a Traytour , but all they that disclaime not his booke which justifies that treasonable attempt , by Act of Parliament 1584. cap. 7. If the Bishop had traced your Assemblie rebellions by their annual succession , and not jumpt from the yeare ●…4 . to 48 , he might have made it 58. before he got up to your Articles of Striveling . You have not hitherto kept such even pace with His Lp. as that you can with credit say your selfe wearie . If you speake in good earnest ( as I observe you in some journeys short winded ) I despaire of your companie in the 64. yeares travell still behind , for which I thought to call upon you hereafter . In the meane time , since I meet with you at Striveling , I will take you by the hand , till I bring you in sight ( suppos'd you are not peevishlie bent to walke blind fold ) of the praecipice you tend to in your entrance upon the justification of that article which referres the worke of Reformation abroad in England and Ireland to the determination of the Generall Assemblie of your Kirke . If you wet your foot by the way you may thanke your selfe , the Bishop opens no sluce , onelie turnes that streame of choler upon you , which you on the least occasion let goe like a torrent upon the Pope and his Conclave of Cardinals at Rome . The fraud used to allure you , if any , was pia fraus , a devout slight to bring you into the concent of the primitive Christians , and the violence offered by the English praelates was onelie with the sufferance of heaven , which they thought peradventure to take by the force and servencie of their prayers , which they often put up for your conversion from schisme , and for your communion in religion with themselves If a god'lie Kings conscientious command , with the mature advice and fre subordination of the Reverend Fathers of your Church , be no lesse then invading your Consistorie , the Bishops floud of choler ran somewhat too gentlie in asking you whether old Edenburgh were turned new Rome , whereas he might have , in reason , demanded whether your Presbyterships be not so absolute as to barracadoe your brasen gates , and not suffer him that hath the keyes of hell and death to come in . Whatsoever was the yoke and by whomsoever imposed , between that and your contented compliance ( without any violence or invasion no quaestion ) with the earnest desires of the well affected in England , you should in honestie have left some vacant roome for a more ingenuous impartial hand to insert the time of taking of this yoke from your hard neckes , with the several Acts of Pacification that followed it ; And that clause in the publike Act of Parliament wherein the well affected in Scotland profess●…d His Majestie parted a contended King from a contended people ; And then have put it to your aequitable comparers what travaile and paines it concern'd you to take in purging ou●… the leaven of Episcopacie & in the English & Irish Churches , when you should have been purging the leaven of malice out of the Scots . The managing of which great & good worke became such a Parliament to instruct ▪ & such an Assemblie to undertake , who studie that destr●…ction which , like hell is never full ; and so the eyes of such men are never satisfied .... ha●… magis gloriam Captant si stantibus ruinam , non si jacentibus elevationem operentur , 〈◊〉 & ipsum opu●… non de suo propri●… 〈◊〉 venit , sed de veritatis ●…structione . The Arminianisme and Poperie whereof Doctour Laud stands convicted , hath had several appeales to Scripture and Fathers , which is as much as you can shew us for your Creed ; his Tyrannie , to the lawes and highest authoritie in our Church , aequivalent with the most your discipline can praetend to A conviction of these I dare promise you will not stand long with out an answer . In the interim , while your Northwinde is set to drive away the first and the latter ●…ine dropt downe fron those clouds of heaven , the Apostles , and Prophets , & successours to them both , to make good Solomons similitude , the Bishops angrie countenance is seasonablie , though in effectu allie bent●… against your back biting tongue . Your discoveries are your unskilfull mistakes of rockes for firme land ; your disappointment delayes of Gods worke , who will in his owne time accomplish it , And though too great a number in the Christian flocke follow such as you for their bellwether or leading ramme , they will flie as fast from you when they espie you in your proper shape to be a wolfe . Photinus was serv'd so who had a great deale more wit , learning , & eloquence to seduce them . Nam erat & ingenij viribus valens , & doctrinae opibus excellens , & eloq●…io praep●…tens , sayth Vincentius ; yet this doome befell him soon after ; quem antea quasi arietem gregis sequebantur , eundem 〈◊〉 veluti lupum fugere c●…eperunt . What is answered by you before , is replied to and aggrovated . The two stories that follow have those authours whose truth is more currant with you then Spots woods , though his hereafter will shew it selfe more valide then yours or any others whatsoever . The former is penn'd at large by Iohn Knox , enough in conscience to render him the authour of that sedition here mentioned . He sayth not his z●…alous hearers understood of a Priest at Masse and immediatelie brake in , but consulted how to redresse that enormitie , and by agreement appointed those to waite on the Abbey who , you say , with violence brake i●… and sez'd upon his person and Masse clothes . That Madam Baylie , your Namesake , Mistris to the Queenes Dountibures as he scoffinlie calls her posted out with deligence to the Comptroller the Lord of Pittarrow .... cried for his assistance to save her life and the Queenes Palace ; That he tooke with him the Provost & Baylies ; That Armstrong and Cranston were summond to finde suretie 〈◊〉 underlie the law the. 24 Octob : for a fore thought felonie , praetended murder , and for invading the Queenes Majesties Palace of Halyrud house , and spoliation of the same . That he writ to the brethren in all quarters , requiring their assistance on the day of their trial . That his letter was intercepted and sent to the Queen , whereupon he was summond before the Queen and Councel ; That when he made his appearance . His clients the Brethren of the Towne followed in such number , 〈◊〉 the inner Close was full and all the staires even to the chamber doore wher they sate ; That he confessed his vocation of the Queenes leiger &c. That if in th●… he had been guiltie , he had ●…st offended since he came last in Scotland , demanding ( Sawcilie ) what vocation of Brethren had ever been to that day unto which h●… pen had not served ; That he told the Queen , If her Majestie complained that this was done without her Majesties commandement , so had all that God had ▪ blessed within the Realme from the beginning of this action , meaning the Presbyterian Reformation ; That he was a watchman both over the Realme and over the Church of God gathered within the same ; by reason whereof he was bound in conscience to blow trumpet publikelie ▪ so oft as ever he saw any appearance of danger either of the one or of the other . This Act , thus related , the Bishop will have ( what you can not disprove ) to be a huge rebellion , not onelie in the Actours , but also in Iohn Knox , who was praesent , if not in person , by full consent and approbation . To breake open the Royal Palace to bring any delinquent to trial is according to no law but what your Rebellious Assemblie hath framed . That this Priest saying Masse within the Liberties of the Court did contrarie to law ( the Queen having ever reserved that priviledge to her familie ) remaines yet to be proved . You did the like to the Arch-Bishop of Saint Andrewes , which Camden tells you was permitted by law , and , though you had Murrays authoritie for it , accounts you no better then Rebells for your paines .... Servidi Ecclesiae Ministri , Mor●…vij authoritate suffulti , vim facerent impune sacerdoti , qui missam in aula ( quod lege permissum erat ) ( doe you marke it ) celebrârat . Iohn Knox's confession ( which I gave you under his hand ) may be the harbinger to lodge credit enough to the next storie that followes in any man that knowes what superstitious observers your Assemblies have been of all the principles and praecedents he gave them ; Nor need you be so coy in taking upon you here the defense of their Convocating the people in armes , which you are forc'd to do other where ( as well as you mince it into god'lie directions and conscientions advertisement ) and upon lesse colourable occasions approve it every where when done . Though Mr. Spotswood's testimonie can not be refused in the particular evidence he gives in , yet I 'll be confined for once to your owne brother in Evill that confutes him . When his Grace relates the Ministers commanding the people to armes . Your brother playes the Critike upon the word , but grants the matter in controversie between them , and justifies it from the danger that was at hand from the Popish Lords whom he makes Conspiratours with Spaine . Hortate sunt ( nam juber●… a●… imperare non poterant ) quod cum in tanto periculo constitut●… essent & respublica , & Ecclesia , ill●… , viti●… vertendum non est . When his Grace sayth planilie , The King praefixed a day for their trial , the menacing libells put up in the name of a national Synod , the tumultuarie meeting of the faythfull deferr'd it , and made the onelie remedie a necessitie of his remitting their exile . Your brother denies not one clause of all this , but onelie moderates the termes , and enlargeth in some particular circumstances that aggravate the fact , viz. That they appointed a fast this I hope was done by the Assemblie ) That they moved the King to appoint a day for their trial , & the Barons those of Perth not to admit them , which advice or injunction they followed till they had received letters from the King , which because they obey'd the brethren tooke pet & armes for the defence of religion ( by whose advice let any man judge ) That the King commanded the Conspiratours to submit themselves in a small number to a judical proceeding . That upon the 12. of November they met at Edenburgh ; The Conspiratours pleade by their lawyers &c. Propound their conditions ; The King declares in a speach the inconveniences very likelie to followe if the Lords were not restored , That an Act of oblivion was voted , which offended the brethren . What Seditious Sermons and actions ensued appeares undeniablie in your storie . Let this be compared with the Bp of Derries relation . That the King was forced to take armes , come upon a fatal necessitie by your rebelling when your importunitie praevaild not . How farre he pursued them . What acts of grace he afterward vouchsafd them you there fore conceale because it confutes what your imperfect historie imports . CHAPTER VIII . The divine right of Episcopacie better grounded then that praetended in behalfe of Presbyterie . HAd I any hopes to keep you in your wits when you were revived , I would here sprinkle a litle cold water & pitie upon your faynting spirits , who any man may see , are giving up the ghost by your grasping and catching at what you finde within reach , and not liking the lookes of that spirit which appeares readie at hand to conduct you , would have , you care not whether , Anti-Christian Bishop or Papist to secure you . His Lp. having remonstrated at large your exorbitand power , here summarilie shewes how by the divine right you praetend to , this sore is incurable , your selves incorrigible , and how Princes must necessarilie despaire of recovering or keeping thairs , while Christs Kingdome is yours , and you have Christs Scepter in your hand . The streame of divine Rhethorike and reason he brings for it , you and your Companie , whom the prophet Isai. Describes to be a troubled sea that can not rest , whose waters cast up mire and dirt , hope invisiblie to swallow . To which if Mercurius Aulicus must be initled Let Britannicus be more properlie to yours , whom I have often heard to be a Common lawyer , but must now take him for some classical divine , since you have grac'd him so much as to serive most of his mater & language into your booke . How unhappie soever you make the Bishop in this chalenge , as in the rest , he carie●… fortune enough in his argument to confute you . — Miscro cui plura supersunt . Quam tibi faelici : post tot quoque funera vincet . Those of his brethren who stand for the divine right of the Discipline of the Church ▪ doe it chieflie in reference to that power of order and the distinction they finde of Bishop from inferiour Presbyters in the text . They that draw in the other power of jurisdiction , relate onelie to what they finde practic'd by the Apostles , or by God in them , going under the name of excommunication and the keyes How many circumstanciais must passe for substancials , when determind by the judicatories of your Church , and be made adaequate in divine right to the general rules to which you reduce them need not here to be numberd , being scatered every where in this discourse , and very obvious to the Reades in your storie . But in answer to what the Bishop objects of geting both swords spiritual and temporal into your hands , the one ordinarilie by common right , the other extraordinarilie ; the one belonging directlie to the Church , the other indirectlie ; the one of the Kingdome of Christ , the other for his Kingdome in order to the propagation of religion and ( to let the Papist a lone whom , out of what mysterie I know not , you very often , me thinkes call to your assistance ) I pray name one of his Lp's learned brethren that ever writ for 't what concessions have pass'd from the elder Edward and Elizabeth Praelates of England , or what from the later Erastian●… , as you style them , in diminution of the jus divinum of Episcopacie desends not to the jus humanum in your sense , there being a midle Apostolical right participant of both , enough to constitute an immutabilitie in their order , whatsoever change their jurisdiction may admit of ▪ at least such as they finde aequivalent to the communicating of women , baptizing of infants , observation of Sunday ; which when you bring arguments to unfixe , you may with greater confidence treate against Bishops wherein those friends His Lo. hath ▪ about the King are so perfectlie instructed that they laugh at your sillie stratagems to pervert them being such as , if at any time they repraesent to His Majestie as you earnestlie desire , will thereby , no quaestion confirme his pious resolution in the continuance of that holie order especiallie since the maxime you build upon , That conscience is bottom'd onelie upon a divine right , they finde ruind by Saint Paul in his doctrine and practice , who convinceth the heathen upon the right or principles of nature , and argues from the testimonie of conscience they had sufficientlie bottom'd upon the worke of the law written in their hearts ; Nor had he ever converted any of the nations without divine revelation antecedent , I meane in them aswell as in himselfe ( which had made lesse effectual and pertinent the ministrie of the Gospell ) if no moral arguments had obliged their consent . How farre this is applicable to Episcopacie ( though were it not , it is to your argument against it ) I am not here to discusse onelie intimate I may that in proportion it is possible as much to a sacred , as civile , Monarchie ( I meane not coordinate ) & the later , had it not the law of God hath the language of nature importunate to commend it I will trifle with you no farther in this matter , but lay downe this conclusion which you may take up to what advantage you can . That in a thing ambiguous , such as you here seem to give , if not grant , Episcopacie to be , since no command of God nor warrant from scripture enjoynes or tolerates the change : since no Apostolical nor Christian Church for so many hundred yeares before that single citie of Geneva began it , since neither that nor any other besides ever acted or at least publikelie avowed what change you demand in the many particulars that have been , and shall be , inserted in this dispute , to the inevitable subversion of Regal government ; to the confusion of Christian subjection in the enjoyment of just libertie ; to the plaine praejudice of Parliament priviledge in three dominions ; to the seting up of much spiritual and carnal wickednesse ; some grave reverend Divine might modestlie speake a word in season and say , His Majesties conscience can not at the best but doubt , and doubting ought not by the law of God and rule of reason to resolve on it . Which indeed is the substance of his Royal Fathers printed profession . That he found it impossible for a Prince to praeserve the state inquies , unlesse he had such influence upon Church men ▪ and they such a dependance on him as might best restraine the seditious exorbitances of Ministers tongues &c. And this is onelie to be had in that government , which was one bottome for his conscience ..... That since the first age for 1500. yeares not one example can be produc'd of any setled Church , wherein were many Ministers & Congregations which had not some Bishop above them , under whose jurisdiction and government they were . This was another bottome for his conscience . To which such a divine , as I spake of might adde ( with a due reserve of all humblie revence to , and most unshaken confidence in that Holi●… Martyr , and his most pious hopefull successour our gracious soveraigne now living . ) That he who for any politike end suggested , or necessitie most fond'le praetended of the subtilest presbyterian of you all , shall adventure to take himselfe off from this bottome , when Iudaisme or Turcisme ( some part of your mixture ) shall be alike plausible praetended as more advantageous to his purpose , may be fear'd to be found not well setled upon Christianitie it selfe , but fall from it & throw away one or both Testaments of Scripture , which upon the universal tradition of the Church ( as the other upon the Catholike practice of the same ) he first rationallie received as the word of God , though afterward he found other motives prompting a beliefe of it to be such , which at last be had superinduc'd by ( what too many vainlie praetend to ) the instinct or plerophorie of the spirit ▪ His Majestie likewise found most agreeable both to reason and religion that frame of government , because paternal not magisterial &c. Which was a third bottome for his conscience , Nor did he thinke it any point of wisdome or charitie , where Christians differ ; ..... there to widen the differences , and at once to give all the Christian world ( except a handfull of some Protestants ) so great a scandal in point of Church government &c. of which wisdome and charitie , the gifts of the spirit of God , he made another very good botome for his conscience : Let Mr. Baylie reade the rest of that most excellent divine chapter , and answer it if he can . The maine ground of the Bishops discourse being wilfullie mistaken by the Reviewer , his structure is weake about the Warners conscience ▪ And the Kings advantage . His cordial beliefe of the divine right of Synod●… and Presbyteries , together with that of the Reformed Churches , which the Bishop shewes to be different , may come from a private spirit that misinformes them , & then is no good interpreter of Scripture , nor any sure praecedent for Christianitie throughout . Their strict and inseparable adhaerence to his errour ( beside that it antidates all treaties null , without an effectual complinance against conscience and honour ) excommunicates all the world but themselves , & excludes them from all hope of fellow ship with this new select societie of Saints , who , could they multiplie into a number large enough to fill the circle of their ambition , and had they every one a drop of Scotish rebellious bloud in their veines , would no longer labour the conversion of Kings , but take Gods angrie worke out of his hands to bring their Princes to nothing .... and be the whirlewind themselves to take them away as st●…bble . He that lookes not through Mr. Baylies glasse of vanitie and lies , can never be able to view the Bishop clasped so close with the elder Praelates impairing the divine right , nor then , with the consequence he makes , about the legal , or expedient mobilitie of Bishops . Therefore as the ambition ▪ greed , revenge ; so the dissimulation in conscience is his , who can not but know what texts himselfe ●…se th●… to c●…te ▪ for the divine right of Presbyterie , and what the Bishop expresselie sayth , that the same may with 〈◊〉 more reason be alleged for Episcopacit , and more consonable to the analogie of ●…ayth ▪ The agreement of sundrie ▪ Praelatical divines with Erastus is here impertinentlie ▪ mention'd . What correspondence the Bishop holds ▪ with them hath been too often all-readie acknowledg'd ▪ and maintaind . Mr. Baylies urgent , illogical inference obligeth the Bishop neither in inge●…itie , nor reason to untie the hands of the Kings conscience , which his own assures him God hath bound , if ▪ not by the hands of his sonne , by those of his Apostles and their successours through all Christian , ages and Churches . Nor can his Lp , from the principle you presse , demonstrate any securitie to His Majestie from offending God in the change . Nor yeild satisfaction to his doubts . If Erastus's Royal right ( which you so often have ●…nveighd against ) may be us●…d as a sophisme to delude the King into your presbyterie , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . I pray , by your favour , let it stand as it is , a better argument to confirme him , if he needs it , in Episcopacie . Yet that either here , or other where this Royal right is induc'd by His Lordship to ratifie the order , I say not to actuate the jurisdiction of Bishops , I can not finde upon my reviewing ▪ and must therefore desire a point by your ocular fingar to direct me . Were not the Presbyterians more obstinate in resuming their errours ▪ then the Bishop forward to recapitulate his proofes , his Lp. had spar'd a good part of this chapter , though the receiud rules of method requir'd it . Weake , and naughtie are hackney answers ▪ which , if spurrd too often , and reason holds not up by the head , are likelie to lay Presbyterie in the dirt . Your Iudgement of his revenge is according to your practice , who , poore , impotent creatures , like wormes , or flies , by corruption , & filth support an uselesse corps to defile that hand , that cru●…heth you to the death . The praelatical integritie makes good the praesent disadvantage of their fortune , & their evidence in proofe , before any aequitable comparers , will praeserve still the principate in dispute ▪ Major est [ si non fortun●… ] ratio , quam ut tali solatio egeat , minifestiorque vis quàm at alien●… malo opinionem sibi virium quaerat . Your Canterburian challenges were but Scottish ●…igges made onelie for mirth to a rude multitude in confusion , the one very inconsiderable in musike , the other flat , if any thing , in the harmonie of truth . If the principles of Praelacie unavoydablie bring backe the Pope , the practice of Presbyterie unquaestionablie g●…er before him , & makes his Papacie hold it by the traine . The Patriarchate of the west , and primacie of Rome flowes never out of the fountaine of Episcopacie , but when some ignorant Presbyter is turning the cocke , or tampering with the spring . Those English Praelates , that so freelie gave away the Patrimonie of Saint Peter &c. were some singular Executours of Constantinus Donation ▪ yet in that nothing so liberal to the Pope , as the Presbyters are covetous , and griping the common inheritance to themselves who , since his refusal that had the profer in possession , take the mocke spirit at his word , fall downe and worship , and then under the counterfeit of dominion in grace , intitle them selves not to Italie alone , but to all the Kingdomes of the earth . What difference there is in number , or nature between the ceremonies they us'd , & those in Rome will appeare best by comparing their ritual with our rubrike , & Canons . The ornament of sacred historical pictures , the name of altars , and the adoration of God in uniformitie before them , have the ancient Christians innocent praecedent to commend them , when commanded , or Countenanc'd by our superiours in the Church , and to vindicate them inus from the superstition , and idol●…rie you impute so liberallie to Rome . When the Praelates , & Papists cope in the controversie there are several other ceremonies they sticke at . That these are the worst , as religiouslie put in practice by the Bishops friends , requires more then your old see saw to confirme it . Adoration of , or to the altaris that , which I never heard professd by their mouth , nor read yet dropt from their pen. For me , l●…t them that owne it recant it , and if none such befound . Let the mouth of him that speaketh lies be stopped , and the froward tongue be cut out . The real pr●…cence of Christ in the Eucharist on the altar , as I take it , was never denied by our Church , a corporal never asserted by her , no●… any of the Bishops friends , that I have heard of ( though the 21. objection against our Liturgie in your historie of the Synod of Glasgow implies it . ) The ●…ustification they held was fetchd farre beyond Trent , and if they that went for it were not able to distinguish between Saint Pauls workes and Saint Iames's , they were very unfit to trade for that pearle , bad merchants for the Kingdome of heaven . Their free will was held no paragon of nature , but a priviledge by grace , which deliver'd them from the fatalitie of the curse , restoring them in some measure to a libertie of choyce ; And , unlesse you will fetch backe Tatians errour , make one God for the law , another for the Gospel , so long as the ten Commandements oblige us , we have aswell as the Israelites of old , heaven , and earth for our record , that life and death are to this day set before ●…s , and , by the merits of Christ , the grace of having them in the free election of our will. Their final apostacie was seldome , or never intitled to Saints , or , if so , with caution enough ro praevent calumnie . They asscribed ever an infallible praescence to God , an immutabilitie in his knowledge ; But to make him so peremtorilie , antecedentlie , spontaneouslie , irrespectivelie praedestinate a certaine number of men , call'd Sain●… before their resurrection from sinne ; so irresistiblie operate by his power , as to praevent all possibilitie of backsliding , offending , or , being fallen , forceablie raise them , reenstate them in native innocencie , and his favour ; they found consonant to none , dissonant from diverse positive texts , in , or inferences from Scripture ▪ such as these . Let him that standeth take heed left he fall , which excepts no more the last houre or moment of life , then the first in the exercise of reason ...... Worke out your Salvation with feare , and trembling . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 importing an earnest endeavour unto the last against final apostacie , not impossible ; And the reason in the next verse ●…mplying an hazard of the energie of grace , which onelie supports a Saint from his fall . I demand yea , or no , a direct answer to this . Whether if a Phineas had come and taken David 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the act with Bathsheba , the point of his speare had been assuredlie blunted , or his hand held by an Angel from heaven . Whether , if so , this extraordinarie miracle had not been wrought in order to the accomplishment of somewhat praefix't to the oeconomie of Gods Royaltie upon earth in his person ? Whether the like case or capacitie can in such be reasonablie suppos'd incident to all that you call Saints , and what securitie they have from all casualties , all attempts in the very moment of sinne to destroy them ? The general promises can be no protection in such cases , & some it may be , are not so general as to be made applicable to all , which , well scann'd , incline to the peculiar concernment of them , to whom they were made , and of whom onelie they seeme to be mean'd . But in points of this nature whatsoever the Warners friends have avowed , you exception against them is the same with that against the expresse words of the Church , in the Assemblie at Glasgow 1638 draw'n from what she professd . That infants baptiz'd have all things necessarie to salvation . This you may take as the summe of that which the Bishop knew to have been with much moderation , & reason often answerd to your sore challenge . Your slight replies thereunto being indeed but squib●… , and crackers for children to sport with , had not the armes of sinfull men , & the Kings ●…rtillerie been rebelliouslie us'd , as a more unanswerable argument to force them . The following position His Lp. nowhere will dispute , nor doth laugh at . That Christ , as King of his Church , hath appointed lawes for ▪ & governers of the same . Who , and what these are , in the general Saint Paul hath left in his letters to the first Christians , which they and their successours have kept for us that come after . He takes you for usurpers , & tyrants , who crosse to these lawes , for pride , & filthie lucre , make your selves not onelie Lords over Gods heritage , but commanders of subjection from Kings 2. b. Disc , ch 1. Pro Rege Regum , & Domino Dominantium preibyteria nobis , & Synodos supponen●…es . The consequence hereupon , That Acts of Synods must be Christs lawe●… , where Synods make themselves Dictatours of his pleasure , and repraesentatives of his person , is no other follie , then what the Logical rules of Relatives praescribe us , which , if your Sophistrie decline , I must referre the Reader to the like expressions so frequentlie us'd in your publike papers , in the several contests that Knox had with your Queenes & their Councels in defense of your discipline ; And ; to come somewhat nearer in your very praeface before the booke it selfe , where your Reformed Kirke is call'd the spo●…se of Iesus Christ , the rules of her discipline in the language of Scripture The Lords lawes and commandements .... the heavenlie proportion of divine discipline ; And at last compared to the booke of Gods covenant , that lay hid in the Temple . Under the name of which Discipline , we are admonished , is to be understood . Beside the two bookes , the Acts , Constitutions , and practices agreed upon , and recorded in the Registers of the General , and provincial Assemblies &c. And a brother plainlie asserts , That your Discipline in the general ( which we denie to have any other authoritie then your votes ) is as immutable , as the Scripture . I finde you now here such a Master of Rhethorike , and language as to take your judgement in comparing of styles . If the Bishop hath borrowed the I●…suites invectives , or any from the Pagan philosophers , he could not beter bestow them then on you , that are neither good Protestants , nor Christians . His declamations against your noveltie will be regarded by such as take universalitie , and perpetuitie for two discretive markes of Christs Kingdome , & government , which must not be limited to a rebellious schismatical Centurie in one Countrey . The antiquitie , you boast of , is founded upon as great a mistake of the Gospell , as was the sadduces of the law , you both erre not knowing the Scriptures . Yet , that being your plea , I will urge the Bishops argument no farther concerning the change , and difformitie of your discipline ( which may be prov'd in particulars not twice romov'd from your essentials themselves ) but appeale with you to Caesar , who calling to his Councel the Primitive Fathers the most publike spirits , most unbyassed Interpreters , may , by the tributarie assistance , if his Majestie please , of as many Bishops , or Doctours , as sectarian Presbyters , after a faire scholastike discussion , discerne the truth , decide the controversie , and , according as he findes Christs scepter was swayed among Catholike Christians , by deputation of one part , or other , abolish the Rebell Vsurper at his pleasure . But Annunciare [ or imperare ] aliqued Christianis , Chatholicis praeter id quod acceperun●… , nunquam licui●… , nusquam licet , nunquam licebit . To declare , or command a beliefe of divine right , in that which hath not been received in Gods Church , never was , no where is nor , will it at any time be law full . Your dearth of matter renders you taedious in the rest of the paragraph , and the course faire wherewith you entertaine your reader , flesh , bloud , and limbes of an English Bishop , makes you suspected here to have been at a stand , to have layd your spiritual scribling aside , till you went to market , and fetcht these carnal expressions from the ●…ambles . My Lord of Derrie ▪ and his friends , in citing authoritie , and pressing reason for their order have dealt so farilie , & wrought so effectuallie , as for all the stripping your sleeves and the other hocas poca●… trickes that he tells you of , you will finde no cleanlie conveyance of your Presbyterie into the heads of any your judicious comparers , nor will their eares be chain'd by your brazen hypocrisie to maintaine it . Your too curious anatomie of English Episcopacie , touching which you interrogate , will onelie countenance them in a demand , not otherwise intended , of a Scripture warrant for Scottish Presbyterie , as such , disciplining , excommunicating , deposing , I shall doe no wrong if I adde what I prove , justifying & praysing God for the death , if not the murder of Kings , renouncing the name , butacting every one a double part of a lord in Parliament ▪ not onelie voycing in , but imperiouslie overruling all Acts of State , all elections of principal officers , in order to conscience , for praevention of scandal , & keeping a lower Commission Court in every Towne , & parish ; forcing every Bayliffe , and provest to be your creature ; A Presbyterie bold'lie ordaining without a Bishop , and gulling the people into a foolish conceit of Gods call in them , when 't is their Iving spirit that hath praepossess'd them , For Iet the people call , or praesent whom they will , if the learned ( the priviledge of which title every covie of Dunces challenge to themselves ) judge the person unable of the regiment , he is set aside , and they forced to take ( without violent intrusion they tell them ) whom the superintended Councel offereth to instruct them : A Presbyterie exercing all jurisdiction without any appeale from themselves ; A Presbyterie feeding their flockes like swine with graine , and huskes , such divinitie , as every brewer , or hogheard can helpe them to , never leading them through the green pastures of the ancient , learned , and devout Fathers , nor to any other waters of comfort , but such as the very fountaine whereof the foot of schisme , or rebellion hath troubled . This is Scottish Presbyterie in practice and such they would have it in law too , if they could with all their Scripture collusions but once corrupt . His Majesties judgement , or by their sharpe-pointed swords , & two edged tongues affright him from a well grounded resolution , into what his Royal Father esteem'd it , a faint servile , ungodlie , and unkinglie consent . The treasure you call , for hath hitherto had God for its defense , who hath made know'n , and distributed those talents in Scripture , which maintain'd the litle familie of the Church , and discharg'd the itinerant Gospell of that time . The greater mine hath been often discovered by them whose divina virgula hath stouped , and put them upon the search of the veine that caried the Episcopal government through the 800. yeares of your account . Your soon-shot bolts in many frivolous quaestions have been better feather'd with many wise mens answers ▪ and for all the horned impudence you hold out , returned very often upon your heads , one of whom I shall send you to , who ( not to derogate from the happie endeavours of many others aswell of the learned Laitie , as Reverend Clergie ) hath alone anticipated , and fullie with much acutenesse , and judgement answered allmost every particular you object . Shewing that Christ himselfe hath made the office of Apostle or Bishop distinct from Presbyters ; Given them power to do some offices perpetuallie necessarie , which to others he gave not : Asof Ordination , and confirmation ; And superioritie of jurisdiction ; Bishops , by vertue of their office , more then called . observed as Lords , in a more sublime sense , then you mention ; And commended to the service of Kings ▪ Saint Chrysostom , & others imployed in Embas●…ies ; Saint Ambrose a Pr●…fect , and Dorotheus a Chamberlaine to the Emperour ; Many of them Councellers to Princes , and Iudges aswell in ordinarie secular affaires , as Chancllors in extraordinarie by appeale ; Treasurers at least of the Church revenue , and undergoing what ever civile charge the conscientious favour of Princes put upon them , which was not in grad●… impedimenti clerical●… ; Bishops with sole power of ordination , and jurisdiction , otherwise then as they thought good to call into their subordinate assistance , or deputed Presbyters in their Dioceses . Of offici●…ls , and Commissaries I thinke he makes litle mention , because he bends his discourse against all interest of Lay elders ; yet I doe not thinke he would denie that Civilians , such as are our Officiali , and Commissaries , might be instrumental to the Bishops , especiallie having some learned Presbyter authorized in cases , to which the others lay propertie extends not ; Bishops , when necessitie may require , using solitarie ordination , which is good in nature rei , as may betaken for granted by that Canon of the Apostles , which as it enjoines no more then one Bishop , so makes no mention of any Presbyter , which it had quaestionlesse done , if of absolute necessitie to the businesse ; Bishops ordaining not with the fashional , but ca●…onical assistance of any two Presbyters that they please , by choyce of their , owne chaplaines or others , where are many , or taking any two that chance otherwise to be neare ; Bishops principal pastours of their whole Dioceses , & when commanded , or countenanc'd by the King to waite at Court , not obliged to feed their flockes in their persons , which they doe by many learned , and religious proxies , themselves in the meane time feeding by word , or sacrament , or ghostlie counsel , the great shepheard , whose Royal soul is worth 10000. of the peoples . All this in effect , & a great deale more then your Parkers , or Didoclaves could have answered , hath this one learned Doctour defended , as know'n long before the Pope gave over to say his creed , which he did surelie , when he became the Anti-Christ you call him . I could goe up yet once againe , & helpe you to a third turne from the top of your demands , Shew you that the Warner , and his friends give the King the same assurance , that e●…they did , that what they stand upon as unalterable in their order hath Scripture , and Antiquitie for its warrant ▪ That upon the conversion of England to Christianitie , the Ecclesiastike government there constituted , was not Anti-Christian ; That a Bishop there is not a Lord in Parliament by vertue of his office ( as it may be to resolve spiritual doubts he ought to be ) but by the Baronie & call which the favour of Kings hath annex'd unto it ; That in Scotland , when it was decreed that Bishops should have no voyces in Parliament , these your selfe-denying men desired of the King that such Commissioners as they should send to the Parliament and councel , might from thence forth be authorized in the Bishops places for the Estate ; That not many protestant English Bishops have been High Treasurers , not many Chancellars , some that have you have litle reason to finde fault with ; That they are not bound in law to devolve all jurisdiction That all which in practice did it , are not to be condemned , where they found able & honest men to exercise it in their names ; That those , which erre must not praejudice the care and deligence in government of the rest ▪ That sositarie ordinations were very rare , & therefore not to be objected as so common ; Nor did halfe the Bishops live at Court , nor most that did halfe their time . All these particulars could I enlarge on , but that I beleeve the Reader satisfied with the execution done before , and hath some what else to doe , then to stay to see you stript . In what followes you take a great deale more , then is given you , naming that a donation from the Court divines conscience , for which the Citie Divines , chieflie of Edenburgh , & London , forced the temple of God by such sacriledge to furnish the two tabernacles of robbers , that then prospered too well in England , and Scotland . That Royal Saint that , upon , this most impious violence , yeilded up so great a portion of his Ecclesiastike inheritance , the Bishops civile imployment , Arch-Bishops , Arch-deacons , with the &c ( which might have been better spar'd ) did it in angusto comprehensus , not upon any compunction of conscience . Sed difficulter , sed subductis supercilijs .... & vix exeuntibus verbis , And had not his paternal affection prompted him , to what your unnatural disobedience litle deserved , he had given you not onelie panem lapidosum , as Fabius was wont to call a gift very hardlie bestowed upon an hungrie beggar , but pro pane lapidem , without out saviours censure , a stone instead of that bread , which was never ordaind to stuffe the insataite stomach of every gaping Rebell that call'd for 't . Yet , whatsoever you had , was , you know , but for a triennal experiment , which being exspired , in the yeare of libertie , that was to succeed , according to Gods paterne in Ezekiel , if you could then praetend no better title then you had done , it was to returne to your Prince , and the inheritance of such an inseparable right to be his sonnes , who of your adversaries gave this unseasonable advice I know not , nor who have acknowledg'd , and recanted for errours those divine truths ordained for peace , but encountred with troubles , and their abettours expos'd to susteime the envie , and obloquie of the world . Therefore alasse its in vaine for you to invite them to come nearer , to hang out like a dead cat in her skin , unlesse you meane to have every one of them moral the rest of the fable with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But to leave off speaking in parables , I desire the reader in plaine English to marke the base ingratitude of an unworthie Presbyter : In that , when a most ingenuous peace-desiring Prince ( for him he meanes when he speakes of his Praelatical adversaries ) invaded by audacious importunitie , encompassed with all external visible necessitie , placing himselfe upon the very pinacle of Christi-an charitie , shall yeild all that the softest , gentlest Casuist can indulge ( and that upon such conditions as , how easie soever , the perfidious contractours litle thinke to make good ) he must be argued with upon the ominous advantage of his owne gratuitie , & praetended from his adventurous kindnesse to be demonstrativelie convinc'd to give up the rest of that which rebellious license , schismatical singularitie , and degenerate malice have now so devested into a new creature , as neither law , custome , nor honour can call that English Bishop which religion instituded and reformation confirmed . But a crou'd of guiltie conjured malefactours presseth shame and the proverbe to nothing , so that ingratum si dixeris nihil dixeris . Seneca knew it who had studied the point and experienc'd the practice . P●…dorem tollit multitudo peccantium , & definet esse probri loco commune maledictum . But to send you backe some of your owne logike and language ; If this naked bird which you so pleasantlie play with , be a new creature because the feathers are pluckt , then you must confesse that old creature revested with those Euaugelical beauties and Royal graces which once it possessed , to be that know'n true English Bishop that in honour , law , custome , if not in conscience ( which I need not suppose ) is to be inviolablie maintain'd , when it shall be made to appeare , as it may very easilie , and hath been very frequentlie , that such an order not much differentlie fashion'd and habited , ever was and ever is to be in the Christian Church . To make good the mutual toleration indented for between your sectarian brethren and your alltogether as sectarian selves , you closelie decline the warners confidence which avowes those texts of Scripture you wrest against Bishops , with as much colour of reason and more truth the Independents may urge against Presbyters , being resolv'd , since you finde they can make you their province at pleasure ( if not command a transmigration of your Euangel ) to argue no more against them then to fight . The triumph you make in two painted Syllogismes is very improperlie plac'd before the victorie , where though you ●…ide like a George on horsebacke in a pageant , you will passe for no beter then a dumbe shew , and with your wooden launce be mistaken by none , but children and fooles , for that primitive armed Saint that kill'd the dragon . If you cast not your texts in a couple of better molds , your workemanship will beare as litle the image of Gods word , as your selves doe of the reasonable men that he created . Were His Lp. at better leisure his great promises would reengage him in more necessarie imployments then answering every silie Presbyter in his follie ; but his Acolythus & servant ( if not because he hath taken up so much of the similitude allreadie ) will for once , and it may be oftner , follow Solomons advice in the next verse , seeing you so very wise in your owne conceit . The first text you are medling with is Ephes : 4. 11. whence your imaginarie argument , not to be denied adoration , is this . Maj : All the officers that Christ has appointed in his Church , for the ministrie of the word , are either Apostles , Euangelists , Prophets , Pastours or Doctours ; Mi : But Bishops are none of these five , Ergo. You pleade custome for the free unquaestionable passage of your major , which you must give me leave to obstruct ▪ first excepting against the improprietie of your termes ( being such as may evacuate your argument ) the Ministrie of the word , when the Bishops discourse is about the regiment of the persons to whom the word allreadie is ministred , Secondlie , demanding to have it under Saint Pauls hand , whether the offices he mentions of Apostolate , prophecie &c were by Christs institution for the personal perfecting of Saints in a Church established , and not as the word seemes rather to signific . Pros ton Catartismon toon hagioon for jointing or knitting new Saints to the Church , new membres to the bodie of Christ in the propagation of his gospel , so aedisying the bodie of Christ by the worke of the Ministrie , which in the next verse seemes to end in the unitie of ●…ayth , that is the general conversion of nations to Christianitie . Thirdlie , whether this enumeration of the Apostle's be universal , to which J finde more particulars addèd 1. Co. 12. 28. & among them dynam●…is & Kyberneseis . Powers & governments , the former of which ( that you may not cavill about superinfused gifts ) he makes as much personal , or persons , as that of Apostle , prophet , Teacher , vers : 29. Besides that he expresselie calleth the Elders of the Church of Ephesus Bishops , & tells them they were instituted by the holie spirit , which we know came downe to fulfill the promise by the mission of the sonne , & so they must passe upon account as officers appointed by Christ. Three fifths of your Minor thus you prove . Bishops are not Apostles , Euangelists , nor prophets , because they are confessed extraordinarie & temporarie , Bishops ordinarie & perpetual . To which I answer . First , That Bishops are Apostles in their ordinarie power of ordination & jurisdiction , though not in their extraordinarie of working miracles , speaking with diverse tongues &c. And this Tertullian hath sayd above 1300. yeares since , who , arguing with the haeretikes about succession , bids them turne over their records , & shew that their first Bishop was an Apostle , or Apostolical , because personallie ordained by one of them . This the Apostolical Churches could doe , as that of Smyrna shewes Polycarp , because placed there by Saint Iohn . That of Rome Clement , because ordained by St. Peter . And such Bishops as these he calls Apostolici seminis traduces . If they be Apostolical grafes , good Mr. Baylie , from what tree thinke you were they taken , and of what may they , without arrogancie , beare the name ? Other of the Ancients call'd Timothie Bishop of Ephesus an Apostle , among whom what enterfeering there was of these two termes you may reade in Theodoret upon 1. Tim. Jn the like sense may they be sayd to be Euangelists , ( aswell as in the Revelation they are called Angels ) who praeside over the preaching of the Gospell , and publication of it to them that have not heard , Euangelion & Kerygma being the same . And they either are , or should be , Prophets , in one kinde according to Saint Ambrose , Scripturas , revelances , the ablest interpreters of Scripture , or speakers of mysteries in the spirit to aedification , exhortation and comfort , though not foretellers of things to come . Nam quicquid later , sive id 〈◊〉 est , sive praesens mysterium dicitur . The reason why your adversaries pitch upon the fourth is , to decline your trivial objections against the other three . Your syllogisme that labours to prove Bishops no Pastours hath no doubt but a certaintie of falshood in the major which your argumentum a paribus comes some what improperlie to make good , you having spoke of a confess'd imparitie but just before . But for once a bargaine no bargaine pactum non pactum fit , non pactum pactum quod v●…bis lubet . It would be a rare invention , surpassing Aristoles Logike , if , without a reserve , you could get a conclusion to creep out of a single proposition , for take it on my word your lucke is bad in majours , which whether you play at even or odde are all pariter fals●… sicke of a disease , and this here left desperate without any remedie to recover it . No Apostle , you say , is superiour to an Apostle . This is contrarie to what one Walo Messalinus ( whom under another name you mistake to be your friend ) hath frequentlie asserted . That they were primi & secundi , majores & minores , The second and lesse subordinate in spiritual power to the first and greater . This he gathers out of Theodoret and others . The greater he explaines to be the twelve , the lesse , those deputed by them for teaching and governing . Nay , he discovers a third order inferiour to them both , of which was Epaph●…oditus , subordinate to Saint Paul , who himselfe was but minor Apostolus , being none of the twelve . So that here being three degrees , I tell you from him what I might from others , or with them rather collect from the text , That an Apostle is superiour to an Apostle . As much might besayd for Euangelists , whereof foure were principal , or , if not , it is because they were by their office of the lower classe , or Coadiutours to the Apostles . Such were Titus , Timothie , Apollos &c. Saint Hierom sayth all Apostles were Euangelists , but not all Euangelists Apostles . And so likewise that all pastours were Doctours , but not vice versa . The learned Grotius , That Doctours , were Bishops or Arch-Bishops rather , the same with those call'd Metropolitans afterward . Paeteres Kai didascaloi are Epiphanius titles for them . To prove majour & minor prophets under the new Testament is needlesse till you answer what I have brought about Apostles , or strengthned the majour in your argument which I absolutelie denie . And besides remit you to a learned Doctour who proves the word Pastor to be the Bishops peculiar among the Ancients , and frustrates that imparitie from which you argue . Your second reason out of Saint Matthew and Saint Paul hath a litle Philosophical Soul and forme in the majour , but no divine one in in the minour , and so , according to your similitude in the moment of removal or separation must peri●…h . The first text 1. Tim. 4. 14. puts no power more then approbant or assistent of ordination in the Eldership , & a Bishop is as much a Presbyterie and no more a Presbyter ( I meane in your sense of diminution ) then Saint Paul , who seemes to make that act of ordination solitarie and personallie his owne 2. Tim. 1. 6. And the Greeke Scholiasts say the Elders here were Bishops , excluding interminis all presbyters from that power ou gar hoi Presbyteroi ●…heirotonoun ton Episcopon say both Theophylact and Oecomenius . For the word which you will needes have to be classical not personal , perchance some will say it may denote the order , or office , the Episcopate they meane , and be put figurativelie here for the single person , of the Apostle , comparing these words , together meta Epithescoos ●…oon cheiroon ●…ou Presbyteriou , & dia tes epithescoos ●…oon cheiroon mou . But let it be what it will , the power of ordination must continue in the Bishop , so long as Christians keep to the New Testament and Fathers , and fetch us not a fift Gospel , or some newer Apostle from Geneva . That the second Saint Matth. 18. puts the power of jurisdiction in the Church is gratis dictum , & your authoritie not so great as that your autos ephen . will be able to carie it . First therefore you are required to prove , that excommunication , the act of jurisdiction you meane , is here at all intended , and not rather no more then the three degrees of fraternal correption , the highest whereof is that elegsis enoopi●…n pantoon , a rebuke before all . 1. Tim. 5. 20. Vt qui non potuit pudore Salvari , Salvetur opprobrij●… sayth Saint Hierom , he sayth not damnetur or eijciatur ●…nsuris . That he which could not be saved by private shame might by more publike reproach . Secondlie , That the Church here , was a judicial Assemblie call'd to that purpose , or if met to other , that a formal processe was brought before it ; And that they were not rather some greater number then the two or three witnesses , upon what occasion soever met together , which may very well be call'd Eccless●… with out the signal meaning of the word . Coram multis Lib. Musar . Kata Koinon Justin : & tunc multis dicendum est in Saint Hierom. Nor is it likelie a deliberate judgement in Court ( into which a Christian Congregation , converted ) should be after processe in hazard to be slighted or neglected by one Member delinquent ●…an paracouse . Nor that to be such which relates rather to the person of the plaintiffe then Iudges estoo soi . Let him be unto thee ... Thirdlie , If it be such a Congregation or Church as you would have it , whether the complaint were to be repraesented to them in general , and not rather in their hearing to their superintendents or praesident above them . Epi toon tes Ecclesias proedroon demofiseoson to ptaisma sayth Theophylact. Fourthlie , That sit sicut Ethnicus & publicanus , Let him be unto thee as an heathenman and a publicane is undoubtedlie a sentence commanded to be pronounced by those superintendents or that Church ; or an injunction , rather then permission , to the partie injur'd to have no farther familiaritie or friendship , to have no more to doe with him then with heathen and publicanes , a voluntarie declination of whose companie was no scandal to the charitie Christians professed , & any civile office out of common humanitie left arbitrarie , and not censur'd if tend'red . Fiftlie , whether binding and loosing vers . 18. Be asserted with reference to this Church , and not rather to the Apostles , as your friend Erastus will have it , or more probablie to any partie against whom the trespasse was committed . Potestatem tribuit Apostolis sayth Saint Hierom. Ou gar monon hosa lyousin hoi hiereis eisi lelymena , all hosa kai hemeis hoi adikethentes and Theophylact. And si fratrem habes pro Ethnico & publicano ligasti illum in terra : si correxeru fratrem , solvisti eum in terra Saint Austin , which seemes to be the proper meaning of the place . After all which I expect you should make some apologie for your brethren abroad that in the yeare 1563. Sept. 6. excommunicated Iohn Morell the Frenchman for writing this doctrine , burn'd his booke , and interdicted under a great poenaltie the reading any copie of it that might escape them . The third 1. Cor 5. appeares not evidentlie to put the porter of jurisdiction in a companie of men met together , Theophylact taking it for a modest condescension in Saint Paul to joine the Corinthians with himselfe , whose solitarie power was absolute . Hina me doxe authades , Kai autous proslambanei K●…inoonous And the context importing the sentence , such as it was , to be but declarative in them them by the vertual praesence of the Apostles spirit ; and judicial in Saint Paul , who had passed it before ede Kekrika sayth he vers . 3. Though it will trouble you to prove that here was any jurisdiction exerciz'd , delivering to Satan being probablie but a desertion of the partie peccant , using no intercession in his behalfe , but leaving him naked for Satan to assault him with corporal torments , which prodigious punishment was usual in th●…se times . Excommunication it can not be , because it limits his censure to the destruction of the flesh , deprives him not of the Sacraments , the want whereof is destructive to the spirit . The twelfth verse addes no strength to your argument , the sense seeming to be onelie this . I have nothing to doe to judge them that are without , but leave them to God : I have to doe to judge them that are within worthie of deliverance up to Satan . And ye judge them that is deliver them up when ye are gathered together , & my spirit . As he , had sayd vers . 4. So it is Saint Pauls spirit that is principal in this jurisdiction , and the companie of men met together but his delegates or assistants , convocated at his pleasure . To Your assumption I likewise answer . That the Bishop is as much the Church as Saint Paul in this case ; and hath as much of the ordinarie power transmitted to him . So that you see it requires not the Doctours learning , but the search of his Acolythus and servant to satisfie you , if you will be , with antiquitie & reason . Which being done you may send more scirptural arguments against Episcopacie by your brethren of the next Commission . Touching those you have brought allreadie , you need not be so confident in calling for their answer unlesse they were somewhat better . The visible leisure is , in none but such as you & your courteous Disciples in England have procured to be imprison'd in severall goales of both Kingdomes ; others having businesse enough by shifting from one place to another to secure their persons and save their lives , from your crueltie . The poor prisoners have few visible helpes to that purpose . If you will finde courage or conscience enough to undertake their free accesse to the Fathers and other authours that are visiblie necessarie to that purpose . I have enough left still to assure you in the name of them that have more learning then they boast of , that whatsoever becomes of your punie Clerkes Master Parker and Didoclave , ( who may be easilie turn'd of with some carefull quotations and references to a multitude of bookes allreadie printed ) Master Blondels magazine of antiquitie shall be seiz'd on , and what in it is upsie Scotch ( which is not all ) for the presbyterie you bragge of , shall in spight of your power be rescued for the true owners , that is , the Bishops . For your meracle of learning , the most noble Somais , we wish he may worke more such wonders as he hath of late , and send his petie advocate a new blew bonnet at parting trimmed with a distick , begining if he pleaseth Ille ego qui quondam — for his fee. Were publike masters of fact as mysterious as the intrigues in your spiritual Iunto ; and Consistorian Caballs , some Endor oracle must perchance have been consulted and one of your blacke guardant Angels been superstitiouslie worship'd , or ceremoniouslie waited upon for revelation . But when the bookes of the dead are before their day opened by your hands , and their workes of darknesse registred by your pennes , the warner may every where , without an ironie , proclaime his knowledge in your storie as great as his strictest search , and as certaine as your rash confession could create . King Iames's 55 , quaestions so troubled the Scotish divines , that they finding their plea of divine right and immutabilitie of their discipline to be disputed , the Perth Assemblie indicted principallie for that purpose : to divert the King , if not otherwise to praevent his multiplving such problemes ( to which David Blackes processe & the businesse about the banish'd Lords may be annexed ) they rais'd a desperate sedition on the 17. of December , which allreadie is discours'd on . Their ( if you meane the Synods ) answer was not so round but that they first protested & parlied about their priviledge at the conference with His Majestie and the Estates : required time to returne , reason , vote & resolve in all points . If thereafter the propounders were speachlesse in the businesse , it might be because the Synod caried it for the King , and determined the problemes in his sense , which ( for ought I know ) is that the Bishop meanes by yeilding the bucklers without any opposition . The maner and time might very well perplexe them being in a free Synod , and meeting with their bold contestation for David Blacke . Nor were they troubled onelie at the Erastian & Praelatical Counsellers about the King , but at Patrike Galloway and Iames Nicolson , of late Saints but now it should seem become Apostate presbyters in the Synod . The quaestions put by the King were not captions and carping at the parts of Church discipline , but a just controversie raised about the whole , fairlie propounded , freelie discussed , deliberatelie resolved , to the satisfying his conscience , and silencing schismatical scruples for the future . I have often told you no statutes of Parliament nor Acts of any but factious Assemblies authorisd your Discipline ▪ though were it ratified ( as you would have had it ) by any other , set your jusdininum aside , and fetch not your praecedent from the Medes and Persians , a power aequivalent to that which did it might reverse it . The visible Church in your countrey at that time was not so farre from yeildino to Episcopacie , but that your brother confesseth the cranie was then made by which it afterward crept in , though I am at a losse for so much daylight in your storie , as to see the yeare when legallie it was thrust out . Per hanc rim●…m ( sayth he ) ad essentialia ipsa externi regiminis impetendum , & extruendum Episcopatum aditum sibi patefecerunt . You can not denie but that it brought them thus farre on their way , to the title of Praelates and voting in Parliaments . Wicked states men at that time beares the same significancie with Court Divines and evil Counsellers at this , and so doth the most able and saythfull Ministers with the Men of God that are Covenanters in this age , of whom every mans experience can frame a character enough to scare away his credit to the reputation you would give them . There need no question be pr●…posed when the Bishops were by full authoritie reinstated in part of their unquaestionable right ; To a great deale more in the yeare 1606. When by Act of Parliament their government was styled the ancient and fundamental policie .... Declared that they being the Third Estate had been indirectlie abolished .... That it never had been mean'd by His Majestic and His Estates that they should any wayes be suppressed : That they had been onelie brought into contempt and povertie .... That His Majestie with expresse advice and consent of the sayd whole Estates in Parliament doe repone , restore and redintegrate the sayd Estate of Bishops ( it sayth not to their order ) to their ancient and accustomed honour , dignit●…es , praerogatives , priviledges &c. This was completed in the yeare 610 , when a kinde of Episcopacie was set up as neare the primitive paterne as the growing reformation would beare in the Assemblie of Glasgow excepting the two Members I told you of , no otherwise corrupt then as it may be flie-blow'n by your breath , and tainted by your naming ; under which not the Church but the Kirke of Scotland did heavilic groane , as it allwayes doth when it hath not libertie to vent sedition in the pulpit , and act rebellion in the field which the best and most learned of your preachers , the Aberdene Assemblers , practiced in part , and wish'd well to the rest Anno 1606 till the yeare 1637. when if they had met with an English Pharaoh for rigour as they did with a Moses the meeker man of the two ▪ he would have appointed taske masters that should have toke away the straw , and spoyl'd their designe of fiering the house : set them making of brickes and building him treasure cities , while they were pulling downe temples & ruining Palaces ; he had kept them from shaking of the yoke of Ecclesiastike and Civile government , & brought divinc justice to their doores while they brought him to beare the burden of a most inhumane , most unjust judgement at his owne ; praeserv'd his Children & subjects from sighing and hanging their harpes upon willowes in a strange land , while they sate , under our vines , and keept us out of the shadow of our owne figge trees ; cut up the root , while he lopped the branches , strake off the head while he clipped the eare ; cast out of Britaine , what with regreet of conscience he tolerated in Scotland , himselfe then & his Church had continued like a treeplanted by the water side and had brought forth more fruit in due season His leafe had not wither'd , & whatsoever he had done had in all likelihood prosperd . But he hath overcome them if not in doing , in suffering being more then conquerour , & when those briars & thornes are bundled up for the fire he shall have given him to eate of the tree of life which is in the midst of the Paradise of God. CHAPTER . IX . The Commonwealth is a monster when Gods Soveraignitie in the Presbyterie contradicts the Kings . THe Reviewer all this while having made a poor shift to save the credit of the Kirke , and spent his time in sewing a few figleaves together to cover the shame of a sinfull disobedience against Gods command in the Civile Magistrate , which every puffe of wind rends in pieces and scaters before the face of innocencie and truth ; he here●…ries his skill to patch contradictions together — pergit pugnaantia secum Frontibus adversis componere — and makes a parti coloured coate for his two headed monster which may aswell , in time , out doe the seven-headed dragon , if more crownes & scepters can befound wherewith to invest it , as it hath allreadie the hundred-handed Gyant , in pulling downe as many powers and dominions as it could reach ; metamorphozing the Paradise of Kingdomes into the forest of Commonwealths ; and changing men that should be good subjects into scorpions , or in serpentes Regulos , such serpents & cocketrices as will not be charmed into any obedience . The Presbyterians ministrie under Christ , being a tyrannie over Christians , quits them not of coordinating two Soveraignies in a state , Nor doth the Praelates maintaining an hierarchie in the Church make them at all guiltie of that fault since the former acknowledge no superieur in Ecclesias●…icis but God ; & the later attribute aswell a spiritual as Temporal supremacie to their King. The spiritual Lordship , Domination &c the Bishops exercise over his subjects in his name but the Presbyterians theirs in the name of the Prince of all Kings , whose Minister he is as well as they , and call all opposition against them a warre against Iesus Christ. Nay , rather then faile , when they can catch His Majestie in a closet , Andrew Melvin shall tell him he must know he lies at their mercie , Publice Rex , nos parcimus tibi , That there are two Kings in Scotland , fac . memineris duos esse in Scotia Reges , one of the Church ( which must have the praecedence too ) and another of the Common-wealth . That by his leave ( which is , to say , without it ) they must meet at their pleasure , & have a care of the Church , whereof he is no head but a Member , no nursing Father , as the Scripture vainlie calls him , but the elder sonne or at most brother of the Kirke : And that this is spoken with good authoritie too , summ●… cum authoritate , shall the Vindicatour publikelie print that all may know it . The contrarietie of commands , when issuing from Masters aequallie to be observed , can not but breed distraction in the servant , and where Ianus hath not a ●…oo-fac'd generation , must needes much unfixe him in his advertence . Christs particular and extraordinarie commands , if all , to all , and at all times to be publish'd with out special commission , oblige not his Ministers publikelie , imperiouslie to prohibite others of his anoynted , which may be mistaken to contradict them If they unhapilie fall out contrarie one to other , the holie Scriptures no where command so to obey God , as activelie to disobey , that is , to rebell against the man that is their King. The Reverend Warners opposition here to the Presbyterians maintaines no such subordination of the Church unto the state as makes her servile in performance of unjust commands . And where Christ is found ruling in this case . He bids Saint Peter put up his sword , & all his Disciples to denie themselves , take up their crosse d●…ylie and follow him , When the Presbyterians have as clere a Commission to prohibite festivals , to affront Ambassadous , proclaime fasts at such times when their Kings solemnize feasts , as the Apostles had for the publication of the Gospell , and teaching in the name of their Master that sent them : Let them applie the text in the 5. of the Acts , and ( I hope the Reader makes , the incongruitie none of mine ) disregard the High Priests commands of a different Religion , and obey God rather then man. The contrarie wayes taken in Scotland by Church and state ( so King or Queen may he accounted head or Member of the later ) have not been so rare , if the Historie of your foure last Princes be reviewed . Against three of whom Pope Knox personallie and in his Synod made very frequent opposition , which he bragges of in print . I shall not need to number your rebellious Acts and papers against the fourth . In the possibilitie of such cases , which you tenderlie admit , your modestie being great to acknowledge the fallibilitie of Assemblies , the common rule of humane direction's very good , had it been not onelie know'n by you , but followed . The difference upon disobedience to either is not fairlie repraesented temporal inconveniences in seditious tumults , to the hazard of life , often befalling men by the displeasure of the Church , And by terrour or force a rescue from punishment legallie to be inflicted , contrarie to the good pleasure of the state . Your interdiction of festivals viz. Our S●…viours Nativitie to be observed , and Bishops to sit in Parliament , when summon'd by the King , seemes in your sense to implie no contrarietie of command , and are therefore slighted as impertinent objections . The other two you speake to , but not answer . Not the former but in a fallacie somewhat like that which Logicians call of composition and division . The Magistrates that were to attend the French Ambassadours being not excepted in your indiction of the fast , but included with the people , and yet ( as excusable ) divided by you in the observance . The truth of Church censure intended can be no calumnie , the Major and Aldermen being cited and convented for their feasting , nor had the processe fallen to ground but through the prudent delayes interposed by the King , I must here put you in minde that your Brethren in Holland indict no fasts but by the Magistrates consent , and your discipline being praetended to be the same , you could not doe it at this time , when the King commanded feasting without coordinating Soveraignities , or which is worse , abolishing his , to ordaine your owne . In your answer to the later instance , you must cut the tails of your humble petitions and remonstrances , which were tipt and turn'd up with defiances and threats , under the notion of portents to the Kings person & his familie ; And throw your covenant into the fire which engaged the takers in pursuance of your contrarie commands by opposing Acts , and Persons of state too , beyond a declaration of their dislike . The watchman in Ezekiel ( whose example you counterfeit , and whose authoritie you abuse ) was to warne when God brought the sword upon a land : not to arme nor remonstrate when he sent it out . The falshood of your Church-chasing and excommunicating persons in the late engagement , were it any , could at most be sayd but to be antidated by the Bishop , we since daylie conversing with such persons who live not very comfortablie in these parts , yet dare not returne home ; And your publike papers ranking them in 4. classes or divisions , excluding them out of places of trust or power , censuring them to sackcloth , banishing , excommunicating all that repent not for their active loyaltie as a sinne . The Bishop chargeth no man with detracting from the freedome of the Parliament that engaged them , He onelie anticipates by his answer such ●… probable praetense . In the place where of since you frankelie give us the advantage of your confession , in your next you must shew upon what sure grounds you protest , preach , warne , declare against the power of the Kingdome in a free Parliament , in publike Indicatories , and armies , which you confesse you did in your paper May 11. ( as 1 take it ) 1649. As likewise how your declaring of , became censuring in judgement , and your dissatisfaction transformed into a sentence . The he●…pes of untruths , when your spectatours wipe their eyes will be easilie discerned cast on your side of the way . So that they will not wonder at your falsifying Histories of old-times , when the relation of your latest know'n practices , is by your fierie tongue branded with the ignominie of a lie . The generation you speake of , who keep up their credit according to the rate of too many mens idlenesse or in advertence , can draw no clearer pedegree then from your Synod , whose words can no more weigh with truth in the ballance , then their teeth whence they are lightlie flow'n can with the Silesian boyes endure the touch . CHAPTER . X. No concord between Parliament and Presbyterie . THe harmonie betwixt your Presbyterie and Parliament , when any , is discors concordia , and but still musike at best , such as once was made between Parma and Placentia by the concurrent identitie of the capital leters in their names . So that when their Duke writ himselfe Dux P. P. and no more their ambition was silenced about prioritie in his title . And if we looke any farther into yours , we are encounterd caninā literâ , wish that mastiue leter , which it may be , mysticallie snarles as much against the name , as your power assaults the authoritié of the other . And when you take upon you the writing both at large , your humilitie and Courtship is such as here , ever to give praecedence unto your selves . Your constitution must be look'd upon as no other then a caelestial quintessence . Your end know'n to be compassing a temporall aswell as a spiritual tyrannie , & your daylie practice , subduing , swaying both scepters of Jesus Christs . The Praelatical learning , you see , takes no higher flight then the next instance to prove the conclusion in hand . And he whose fayth must be forced to credit such unanswerable arguments hath indeed litle or no common sense or reason in him , but mistakes snow to be blacke because he lives in a dungeon , goes upon hot coales , and fceles not his benummed feet to be burnt : the light in him is darknesse because of his evil eye , & quantae tenebr●… : how great is that darkenesse . S. Matth. 6. 23. What perpetual ●…arrings hath been between you I have otherwhore shewed , which never failed but when you tamper'd with the strings & tuned both instruments to your eare . I see the late engagement often serv'd up is enough a lone to také off your stomake ; yet that insipide colewort must be set upon your table , while your table contimues a snare to catch your selves withall , and that bill of fare , though but one dish repeted till it choke the rebellious guerts of the Assemblies your paper of eight desires contained 8. very insolent demands , in place of that submission which the Parliament sent for , I can not say expected . What justice and necessitie may be in them was not at any time by you , nor by any at that time to be expostulated to the retarding that more just and necessarie designe . If the Parliament counted upon any , it reckoned withall the satisfaction it had render'd , Wherin it had been rather too lavish then close handed , and promis'd more upon the necessitie then thought on , then some conceived in justice or conscience could he performed . Securitie upon oath under hand and seale the Bishop tells you were harder termes then an Vsurers to a Bankrupt , and it may be you tooke His Majestie for no other , having goten ( though by no morgage ) his kingdomes in your possession . And knowing what he had contracted with God before , you would not part with them but upon the surest interest of his soul. If the quaestion were not for the thing , that it should seeme you tooke for granted . And then what methodical , and scrupulous tray tours doe you blazon your selves to be , to leave him languishing in a gaole , while the order and some particle of the securitie must be thought an . The qualification of the persons to have the managing of the warre being approved by the Parliament , the highest Court in the Kingdome , no law intimates an Assemblie or Iudicatorie competent to reverseit . So that the Bishop hath sufficientlie inform'd himselfe that the knot of the differtnce lies onelie in some bulrush , which you looke for to litle purpose ; And having attentivelie read your publike declarations , drawes out of them no groundlcsse conjecture , but an infallible assurance that no Historie mentions such Pharisaical Rebells upon the earth . The Warner knowes very well that what you call the libertie of the Church is in truer language the license of the many schismatical hypocrites that disturbe it ; who by long custome of blaspheming God in guilded rhetorike , and a spiritual figure , translating his holie word , but perverting the sense to sinfull ends in publike declarations , have withdraw'n poor people from their dutie to their King into such feares & confoederacies as the prophet Esai had in the place that you cite warning from the Lord with a strong hand , & instructions not to walke in . The three Graces you bragge of had too many snakes dangling about their eares to be mistaken for other then the thre infernal furies which they were Your humilitie was pride and arrogancie to the height , attributing more to your private fancies , then to the publike counsels of a free Parliament , the undenied repraesentative of the Kingdome . Your pietie was but the will worship of your owne imaginations that you challeng'd : And your wisdome craftinesse ; where in you will be taken in the end , & by your froward counsel caried headlong to your destruction . The visibilitie of this might encourage the Engagers to run any adventure , rather then to follow you in your wayer . Such of them as fince the disaster have crouched to an acknowledgement of their loyaltie for an errour , are poore Spirited fooles that have their eyes onelie in the ends of the earth ; are never likelie to be in the number of them who obteind a good report through fayth in their sufferings , nor receive the promise , of some beter thing that God had pro vided for them . Did an Angel from heaven blow his trumpet , and proclaime God speaking in your declarations , the Warner and his partie were bound to stop their eares . Or if the Prince of the power of the aire should clothe such wicked language in lightning , or pervert some Boanerges to speake it in thunder , by terrour to worke in children of disobedience , we have Saint Pauls praescript to pronounce a double anathema against him , Accursed , Accursed let him be and in submission to God in his messenger the Apostle , such men of gallant spirits should we be , as in a Christian constancie or Romane if you will have it , rather to perish with this last breath in our mouthes , then by hearkening to counsels or walking in wayes so palpablie pernicious to Church and state , with the ruine of both let the breath of our nostrils , the Anoynted of the Lord , be taken in their pits . If the margin and text of your following paragraph were not so neare neighbours , in my hast I might chance to have made no comparison , and so escaped the contradicti on between them . No offer to stop the leavie in the one , and opposition so coldrife and small in the other , will I thinke be reconciled by no logike but that which makes degrees varie species , or argues from the third to the second adject and according to the vulgar proverbe , makes that not to be at all which is litle or nothing to the purpose . To the substance of your answer . By enquirie I finde your oppsition as hot as your servent zeale and abilities could make it , and if your actions drew in the same yo●…e with your words , you that sweated it out in earnest be seechments , exhortations , and threats , sate not still to see the effects of your papers , but armed your selves to the worke of retardment , if not to the retracting the designe . Some few lines in a Declaration and warning from the Commission of your General Assemblie , are enough to keep the Bishop from ignorance , & a transscript of them as they lie to discharge him from the malice you impute .... We doe earnestlie beseech and exhort all who live in this land , that as they tender their solemne obligation and oath both by the National Covenant , and by the solemne league & Covenant , & as they love the honour of Iesus Christ and the Gospell .... N●…y , as they wish to eschew the heavie wrath and indignation of the Lord , That they doe not give any countenance , nor connivence to these wicked men in their wicked way , much lesse to joyne with them in counsel or in armes . And because it lies upon us to be faythfull in our station , therefore as we have allreadie given warning unto these men that unlesse they doe speedilie destst from their evil way and repent , that we will proceed against them with the dreadfull sentence of excommunication .... if any shall hereafter joine with them , we will be necessitated impartiallie to proceed against them with the highest censures of the Kirke ... If this be c●…ldrife and small opposition , what tall fellowes are you when you are warme ? I Know nothing you could well doe beyond it , unlesse with C. Caesar you would be so mad as in Homers language challenge Iupiter to an encounter e m' an●…eir ' , e ego se , which you are likelie enough to doe , if it succeeded with him as Seneca Supposed . Non puto parum momenti hanc ejus vocem ad incitandum conjuratorum animos addidisse . The Armie gotten up so numerous and strong , ( which the Commanders thought sooner expedient , and had sooner levied but for you , ) was probablie able to have done what service they professed ; but the ●…version of the hearts of the Church declaring it selfe in diabolical curses and supercilio●…s discouragement , divided the hearts and enfeebled the hands of a faint people . It was a strange sympathie in the hearts of your yeomen that in the midst of their fright made them flee to the same corner of the land . Their consciences are not commonlie of such a tender touch , but when scarified by their Clergie . So that it will b●… no calumnie to conjecture what spirit gave them wings , and directed their flight to the rebellious meeting at Manchlin moor . Their growing number , and abiding there in a bodie for the securitie of their persons , made no partie for , nothing toward the deliverance of the Kings ; and their danger being onelie to be forced by the Parliament to goe souldiers into England for that purpose , the quaestion is what violence was therein offered to their conscience , and , if any , by what law or praecept , divine or humane , the Assembliecan countenance them in armes , though but in a defensive posture to withstand it ? In which had that part of the Armie that sodainly came upon them cut them off , it might have stood for an act of civile justice , more then militarie furie , kept the rest in peace ▪ and much conduc'd toward an after securitie to themselves The communion at Mauchlin layd to the publike . Fast appointed in termi●…is for the apostacie of the Parliament , might occasion some of your Ministers coming thither to as good a purpose as his to the Kirke of St. Andro , who pray'd to Allmightie God , that he would carie through the good cause against all his enemies , especiallie against Kings , Devills and Parliaments . Coloured clothes and pistols were no proper accoutrement for your Kirke-men wherein to celebrate the Sacrament of Christian charitie and peace . Nor were they the good instruments with the people to goe away to run away they might be afterward ) that had lead them in bands and troupes into the battail . For Presbyterian Scotish Ministers to protest against any rebellion wherein they act , needes no eagle ey'd Parliament man to discover it at the bottome as a peice of effronterie very common among them and proper to their profession , which is very ridiculouslie diss●…mbled in this case , when diverse of them were taken prisoners , fighting desperatelie for the cause , complain'd of to the Commissioners of the Kirke , who were so farre from inflicting any censure ; or giving them admonition , that they approved what they had done , and justified them in the fact . Which I see here you dare not ex professo , but fawlter in your judgement about the meeting , pleading the securitie of their persons as a faire apologie for the yeomens a biding in a bodie , and yet mentioning the Ministers protestation , which is litle beter then a condemnation of their convening & fighting in the field . The Bishops parallel betwixt the Generall Assemblie and Parliament casts the cloake of malici●…snesse upon your owne shoulders in the abuse of your libertie , whereby you refuse to submit your selfe to the ordinance of man for the Lords sake , otherwise then as it is ratified in your Synods for when the Presbyterians lay the authoritie of both Courts upon a divine foundation , they make themselves the chiefe corner stone , usurping the proper place of Jesus Christ in the one , and of his anoynted in the other , telling him and all Magistrates ( among whom Parliaments are to be numbred ) he ought to be subject to the Kirke spirituallie and in Ecclesiasticall government .... that he ought to submit himselfe to the discipline of the Kirke if he transgresse in maters of conscience and Religion . So that when they talke of obedience for conscience sake to their lawfull commands , they take cognizance what is conscience and law , and at their owne arbit●…ement many times oblige subjects on the same principles to rebell , calling this the justifiable revenge of the Magistrates contempt against the authorite of God resident in them . The Bishop 〈◊〉 as not at Ministers that cari●… themselves a●… the Ambassadours of Christ , that deliver not more the●… is in the Commission or instructions they receiv'd ; but thinkes they have no priviledge above the Angels , who are not d●…inantes but ministra●…tes spiritus . That they are a 〈◊〉 rather to warme indiscreet zeale and devotion , then consume in the fervour of violence and passion . That God rarelie tempers brimstone with the breath of his messengers , That he sets the time , & names the extraordinarie case , when his words shall be fire in the mou●…es of 〈◊〉 prophets , & his people 〈◊〉 that it should devoure them . He likes you should judge according to the rule of Scripture , so you follow that rule , and keepe in subjection to good lawes . He commends your caring for life aeternal , not your leaguing and covenanting in order to that for the death temporal of your brethren . He judgeth you according to the rule of Scripture to be sh●…sselic impious that counterfeit a care of life aeternal , whither blood●…hirstie Presbyters are never likelie to enter , but have a portion with their fellow hypocrites otherwhere . That make holie Scripture not onelie of private but perverse interpretation , and God the authour of all the wickednesse you act by the authoritie of his word who boast of an Ambassie from Christ , when who so blinde as these servants , who so dea●…e as these messengers ( you say ) he sent ? who are lead by a Spirit that doth the workes of the flesh from top to botome menti●…'d by St. Paul Galat. 4. Who would gull the world out of all but a forme or propertie of religion ; who make your selves not Ministers but Masters of Christ , commanding imperiouslie the spirit he sends downe ; who make a trade of Scripture , and for wordlie gaine parsel out eternal life to whom you please . The second part of the Bishops parallel , I see , puts you to a stand , and the quaestion What shall be made ? ... argues you some what suspended in your thoughts whether as much should be made of it as you meane , and the people commended for obeying their Ministers ( how seditious soever ) more then their Magistrates that command them . If all the power such Ministers have with the people be built on their love to God , what pitie is it that rebellious structure should have such a religious foundation ? When it riseth high he is no good states man that doth not demolish it , knowing that what God and conscience constraine 〈◊〉 , but perswade , to imploy to his good , the Divel without any or with one that 's erroneous may tempt them to aedifie to his ruine . It is not amisse sayd & applied by him that writ of the spanish Monarchie Primum instrumentum bene imperandi , ling●… est ; secundum verò gladi●…s . The sword is but the left hand instrument in the governing Kingdomes : The tongue , of the preacher is dextra te●…ibilis , that of the right hand 〈◊〉 teacheth terrible things , that by the menace of death , which the sword can not reach to , keepes subiects in obedience to their Soveraignes . Therefore when once it hath a power with the people such as that of St. Bernard it had need be endued with the spirit of Saint Bernard , for there is a tongue . Quae conteris spiritum , the perversenesse wherein is a breach in the spirit Prou ▪ 1●… . 4. And the proud me●… in the Psalmist , promise themselves a victorie over Princes by the tongue , ●…e will praev●…le Who because they are the m●…n that ought to speake , just like you , denie all supremaci●… . Their first language is this . Quis dominus , Who is Lord over usi . The Politician I spake of hath a discourse worth your reading , wherein he shewes you how Mahomet stirred up the people against Heraclius the Emperour . He sayth as much for Calvin your protoplast , which whatsoever may be apologiz'd for him , I am sure is inexcusable in Knox and you that are the workemanship of his hands . This made Charles the good so prudent and resolute , who being become too unhapie in nothing more then in suffering your Babel building to be finished in Scotland , when he beheld the like worke of your fellow Rebell Architects in England , would not exclude himselfe out of doores , nor part with that power whereby he might best restraine the seditious exorbitances of Ministers tong●…s , who with the keyes of heaven have so farre the keyes of the peoples hearts as they praevaile much by their oratorie to shut in and let out both peace and loyaltie . While the Warner scoffes at your threats his meaning is to have deluded people to scorne them and know in your words that the thundrings of ( the Scotish aswell as ) that Roman Anti-Christ are but vanitie and ●…inde . To tell them in a figure that hell and death are no more in your keeping then the gaole in the prisoners that walkes abroad in the streetes with his sha●…els about him , but must render himselfe at the end of his covenant : The Praelates proclamation of such Atheis●…e as this is a printed copie out of the original writ by the fingar of God in the 10. S. Matth. Whereby is to be banished out of the hearts of the people all feare of them which kill the bodie but are not able to kill the soul , for all their kirke-bulls and censures that threaten it ▪ To the quaestion you close with I answer , That Satan hath driven allreadie the first instruments of his Republike in Britaine into a very narow roome in the North , where Cromwell and other his more usefull instruments at praesent , are likelie to keep them , till , if God neither convert nor by a miracle otherwise confound them his worke being done he may lash them with whips of their owne making , topt ' with Serpents heads , and Scorpions tailes , and at last deliver them to the worme that shall not die , cast them into the fire that shall not be quenched , and make their stinking ▪ memorie 〈◊〉 ab●…orring unto all flesh . The third part of the parallel hath been in every particular justified , and were more instances requisite to evidence the truth , they might be a numberlesse number of such imputations as you are never able to refute . The charge which the Bishop subjoines is not so poore but that it enricheth his proofe with the best argument of your spiritual supremacie . The daylie practice of the Parliaments of Scotland , such as have been of late and heretofore when your Reformation tooke place , constitutes no right , confirmes no power of nominating commitees for intervalls . Nor is there any inhaerent right in Courts to nominate interreigning Commissioners but by Royal favour in such as ( except their intertearming vacations ) are perpetual and standing , not call'd by fits ad placitum Domini Regis , no not in the Parliament it selfe . Which ( to omit other proofes ) was the ground of this clause in their Act of oblivion 1641. That the peace to be now established may be inviolablie observed in all time to come , It is agreed that some shall be appointed by His Majestie and the Parliaments of both Kingdomes , who in the interim betwixt the sitting of the Parliaments may be carefull that the peace now hapilie concluded may be continued &c. ... And it is declared that the power of the Commission shall be restrained to the articles of peace in this treatie ; As likewise of that fatal Act for perpetuating the last blacke Parliament in England , which had probablie ●…e'r been required if it might have nominated a Committe of state ( that idol to which it now sacrificeth , in bloud ) to sit till the next summons upon any inhaerent right in that Court. For the Iudicatories of your Church . I am tired with telling you that no law of the Kingdome doth privativé authorize them to meet , their Assemblie being illegal without the King or his Commissioner , neither of which are to come upon course or at call . And their power of appointing Committees hath as often been quastion'd ( and how often is that ? ) as it ever was executed without or against the positive consent or command of the King or Queen for the time . And trulie the committees in the times , of your late troubles were the Ambusc●…do wherein you lay closelie in wait to disturbe both Ch●…rch and state , while your armed bodie in Parliament retired . Whose frequent meetings were forced no otherwse then by the incessant zeale in their Members to persecute Religion and loyaltie . Whose diversion from their particular charges ( for attendance on the publike rebellion ) was join'd with so great fa●…cherie and expense to fullfill their lusts at other mens cost , Which with all their heart they will in Sempitern●…m continue , if feare of their neckes make them not at length slip out of the collar : or their grey haires and withered carkasses ( after many a surfeit ) call them not to some other account , or their Chiefe in whose service they made these necessarie meetings pay them not their necessarie wages in pertusum sactulu●… , into a bag full of holes , which shall never be filled , no more then was the measure of the iniquitie they acted . CHAPTER XI . The Presbyterie cruel to particular persons . IF King and Parliament be ( as they may very well ) incenced against the Presbyterie at fight of the Bishops reason , more then out of sympathie with him in his anger , his warning hath taken in part the effect that he wished and aim'd at . Yet in vaine shall they vindicate all just authoritie to themselves , if the people be kept in a servile observance of a tyrannous discipline , & pay their blinde obedience to the Kirke . Therefore the Warner excedes no bounds in his rage , but en largeth his bowels of pitie to them , who for the most part having disarmed their soules of that judgement which should dictate their freedome from Church censures upon acts indifferent , or sinfull in an inferiour degree , their due submission to an arraignment of thoughts onelie in the Court of a poenitent conscience , or hereafter before the tribunal of heaven , where sits the onelie Iudge of hearts , the discerner of perverse inclinations ; expose themselves naked to the boundlesse furie of mercilesse Reviewers ; to the sharpe scrutinie of malicious Inquisitours ; to the arbitrarie sentence of most sinful Iudges , and therefore most suspicious surmisers . The Bishop mentions no faults but such as toward which your Discipline mentions no favour limited to the privacie of the care . Nor yet doe all those give occasion for that which you take to shew the infinite extent , the interminate divisibilitie of your power . In the booke that he cites is the greatest censure of the Church praescribed , and more methodicallie then mercifullie shewed how a small offence or sclaunder may justlie deserve excommunication by reason of the contempt and disobedience of the offender . Pag. 60. And lest any should thinke that the offenses named are not so hainous as that of the Corinthians incest ( whence you take your paterne and Saint Pauls authoritie for your processe ) you give such to understand that mercie and favour may rather be granted to any other sinne then to the contempt of wholesome admonitions , and of the just and law full ordinances of the Church ▪ Pag. 80. Which if ( as you say ) it never procured the smallest censure , you have been a great deale too profuse of your pardons . Where you professe your obligations so great to the performance of the commandement of God. Or , if you thinke it not such may be justlie required by any Erastian to render a reason , why that ignis fatuus , that foolish spirit of bondage walkes in your Discipline from generation to generation , while they laugh at the calamitie you threaten , and mocke when your feare cometh upon the people . But he that knowes you will never mistake you for such meeke lambes in this mimike disguise of lions , when he findes you aswell preying as roaring . And how any , the most charitable man will have just cause to complaine of your rigour , let your aequitable comparers judge observing with me but one passage of multitudes in your forme , that one which speakes you the most savage petitioners that ever invocated the name of Christ , whom you humblie beseech ( for feare his mercie that is written to be above all his owne workes , should be above that of yours , the inhumanitie you are about ) that whatsoever in his name you pronounce in earth ( meaning the sentence of excommunication , though but for susspicions and jealousies , if not confessed to be as real faults as any peevish brother shall construe them ) he Would ratifie the same in heaven . Which can not be paralleld in the Turkish Alcaron , nor among all the superstitions rites and cruel offices of the heathen per formed to the most bloudie , most insatiate of divels , who doth nothing else but goe about seeking whom he may devoure . Where as if this be your slacknesse wherewith sectaries charge you , which you are sorie you are not able to refute . it should seem you are sorie there are no more hells then one , no pluralitie of soules in your single Impaenitents , no imaginable protraction of punishment beyond aeternitie for the execution of your censures . The Sabbath recreations , which the Bishop sayth are voyd of scandal , are likelie to be , at most but those mention'd in the booke of toleration so much decried by the brethren of your faction ; among which were no stage playes , nor , in my memorie , any allowed to be acted on Sundays , and so not frequented by his friends . The greater license on the Sabbath K●…rmasses you slide over without any of that zeale , which His Lordship prophesieth , though your selfe have been a spectatour of it in these Countreys , So that in your owne words ( which I am a frayd will too often be mistaken for mine , and bring upon me the imputation of a sloven ) If the Apo●…eme in your lowest gut had not chang'd places with your braines your words had been wiser and your unsavourie breath ( which you too often eructate ) somewhat sweeter . The debate among some of your sect . Whether in Scotland or no , which is not expressed , about starch and cuffes , may very well passe upon the credit of the Warner that asserts it , & your putting him upon the poofe makes me guesse you are not in a readinesse to denie it . Howsoever we know the curses of the Laundrie have been through two or three descents a traditional legacie to the brethren of your order in England for the counterscuf●…es they made about the former . And the debate on the later hath produc'd an injunction to your Societie somewhere else to cast away those litle idolatrous ragges , which could scarce be taken for any reliques of Rome , & their gloves too , it may be upon better reason , le●…t the cleanlinesse of their hands might beget a jealousie of some superstition in washing them before their publike officiating , on their unhandsome distributing of the word . What litle latitude of discretion you allow & how your superiours must be your slaves or pupils in the attire aswell of their bodies as sules is evident by your preaching and articling against the apparell even of the Ladies of Honour & that waited upon your Queenes Majestie three sundrie dayes when the rode in great state and solemnitie to the To●…buith in Parliament time Ao . 1563. Of the second oppression , which the Bishop objects you give up a very imperfect account , leaving the greatest weight to lie as heavie as it can upon the head of your Synods in calling the Magistrate fool for his mercie , and knave for his b●…iberie , which you onelie suspect because he is not as rigid as your selves ; In enjoyning publike satisfaction after the Defendant hath given it at an assize &c. What you bring is litle to the purpose , and , if it were , hath been packt away with its answer long a goe Wherewith yet if gou will not be satisfied , you must be set to reviewe Erastus and answer him . When he tells you , of old no notice was taken of your double formalitie viz of crime and scandal , so as to subject the delinquent , for the same fact , to the censure of two distinct Courts , Civile and spiritual . He calls ad raucedinem usque ▪ for one text or example in Scripture to justifie it ; He proves out of St. Austin &c. That the Church used the spiritual sword onelie when the temporal was not in Christian hands . He puts you to make good your 〈◊〉 consequence . That if the Magistrate doth not his dutie , an Assemblie , Court is required to constraine him ▪ or as your Liturgie speakes , to admonish him , and that too , as the Bishop urgeth when he hath discharg'd it according to his Iudgement and conscience . From your proceedings of this kinde His Lordship drawes 3. observations , which you cannot denie , and yet dare not acknowledge , and therefore say nothing ; but worke in a whimzie of his excursions upon his owne friends , not any of whom approve the injustice , the irrationalitie , much lesse imitate the cueltie of your practice . The Popish Praelates are not so neare allied unto the Doctour , nor doe they need to be taken into his protection : The English are , and can vindicate themselves against you for admitting to the holie tub●… ▪ with signes of repentance , without Ecclesiastike publike satisfaction ▪ murtherere that are either quit by their jurie , or have their pardon sealed by the King , whore●… that either are spared out of hope●… of amendment , or have had the whip at Bridewell , and theeves burn'd in the hand at Newgate or sau'd by the benefit of their Clergie ; And this upon beter grounds then the Presbyters denie them communion with those , who as much as they make up their mouthes , dare not take up a stone to cast at them . The Docto●…r knowes his owne meaning ▪ and plainelie speakes it . And they must be very ignorant or worse that are not of his minde , or rather of St. Pauls which I take to be this . That when a man shall without visible hypocrisie say , be hath examin'd himselfe , he is not to be againe examin'd by the Classe , but may eate of that bread , and drinke of that cup , That when he hath judged himselfe , he should not be judged ; That when he is judg'd , he is chastened of the Lord , not condemn'd and executed by the Kirke . Your interrogatorie or argument a minore ad majus in case of Scandal is defective untill you render a just definition of scandal applicable to all where in your discipline doth instance ; After which having made your scale of degrees , your antecedent requires your proofe viz. That small scandals are to be purg'd away by that repentance that here is in quaestion between us . Had I ever read of any Presbyter in Scotland what I have of ●…abian once Bishop of Rome . That he was chosen by the extraordinarie descent of a dove upon his head . I might charitablie hope sor some spirit of meekenesse among the brethren of the Discipline , and have some litle credulitie that the want of gall in any one of the number might qualifie the exuberance and overflowing biternesse in the rest ; But when I meet with such tragike Histories of their implacable furie , and see every where their unjust judgement running downe like a torren●… , and their unrighteous rigour like a mightie streame ; I can put litle trust in the slender banke of Master Baylies professions in behalfe of his Presbyterie , from whom expect as litle mercie as truth , and as litle Christian righteousnesse as peace . The Warner can not be ignorant of your Scotish wayes , while his eyes are open to reade them in your bookes , or his eares to heare them in very credible reports . He that lives in Scotland , and never seeth the execution of that censure , must betake himselfe to the mountaines , & converse in some corner with those creatures , who know as litle of excommunicating by , as they ever did of communicating with a Church . For the 47. yeares halcion dayes that you have seen ( of which from your birth which you so superstitiouslie mention you must give us leave to abate at least one or two ▪ as praegnant in knowledge and as quicke an Intelligencer as you could be in your cradle , and about 30. of 40. more , wherein the curst blacke cowes had short hornes , the Presbyterian severitie being regulated by the Bishops , who caried the badge of clemencie aswell as innocencie on their armes ▪ the great citie you liv'd in must be taken for the onelie bright Mercie seate in your Countrey , while the sun of righteousnesse did never arise otherwhere , but turn'd his face away from it as a land of darkenesse , full of cruel hibitations . As touching the two censures you acknowledge , had the profanesse in the papist , and the horrible scand●…t in the Pr●…lates been priviledg'd as much in the punishment with a proxie , as , they say , the more true and more horrible scandal in a br●…her of the Commission , the rod of that furie had passed upon the backes of the fooles in your Citie ; as for the lustie Presbyters delinquencie ( I have heard ) your excommunication was executed upon the Nodie-Innocents in his parish . If you goe no farther then Saint Pauls c●…and 2. Thes. 3. 14. You should denounce no publike excommunication in the Church , but diates epistoles semeiou●…thai , by private leters signifie his fault . You should have no companie nor familiaritie with him that he may be ashamed , not forbid every man to sell him bread , that he may be sterved . You should admonish him as a brother , not count him as an enemie , commanding him to be reputed as accursed & delivered to the devil . Much lesse should you arrogate the praerogative of God , if not a greater , in visiting the sinne of the father upon the children , such it may be as hate you not , denying them baptisme till they come to be of age &c. And , to shew what good Angels you are , after sentence pronounced , you dismisse not the Congregation before they have sung with you the 100. Psalme , a Psalme of exultation whereby as much as may be , you rejoyce at the confusion of a sinner . Nor is your reserve of litle kindnesse very constant in permitting the excommunicate the companie of them that are ●…ied by natural bonds unto him , when the sharpenesse of your censure cut ' these bonds , with-held this indulgence from Master Iohn Guthrie Bishop of Murray , to whom , when he lived in Angus you denied the comfort and conversation of his brother though a preacher of a parish thereabout . For the inconveniences that follow , how powerfull hath been the influence of the Church upon the State in such Acts of Parliament as are made consequential to their Acts of Assemblies may be guessed by the frequent servile submission to the tyrannie of their papers . In the Parliaments where your Princes were ever praedominant it can not be thought they would ratifie an Act so destructive to their owne strength in the diminution of their subjects , as to set the * heads of wolves upon the shoulders of men , and for such trivial faults as the Bishop mentions antecedent to your censure , with leters of horning expose them to be worried by dogges . For this crueltie may your Church be deservedly challenged , and that by Proelates , who gave no such customarie allowance to thier officials to excommunicate as appeares by the caution in the Canon 1571. Nullus horum , nec Cancellarius , nec Commissarius , nec Officialis in cognitione causarum procedes usque ad serendam sententiam excommunicationis , nisi tantum in causis instantiarum . And in the Canon 1604. If the delinquent made his appearance , and after processe was to be censured the official was not to pronounce the sentence but the Bishop nullam ejusmodi sententiam pronunciari volum●…s praeterquam per Episcopum &c. Nor were the civile inconvenients like those after leters of horning . And how easilie all for great crimes , was commuted for , your brother Didoclave complaineth at large . Where as you run againe from the severitie in your lawes to the clemencie in your practice ( though that be no answer to the Bishop who presseth upon your Canon ) your diverse late yeares crueltie , which still is continued confutes you in the face of the world . In which if your sentence tooke place in heaven as it doth to their confusion on earth , so many have payd the price of their soules for observance of the first & fift Commandements , their dutie to God & obedience to their King. Your parenthesis that hookes in the greatnesse of sinnes is convict by the slight peccadilloe forementioned . And the length of your processe shall be cut short by one instance in the forenamd Bishop Guthrie , who was never so much as admonish'd by a brother , nor summond by a messenger unlesse to yeild up his house to Rob. Monroe , being caried to Edenburgh not to have trial , but to heare that sentence had passed upon him before he came . In the case of fugitives your Discipline makes no distinction not arbitrarie between the contumacious and timerous . And he that stands to your account shall come short of his reckoning on mercie , if your flying rowle can reach his soul at a distance aswell as to be sure it shall consume the timber and stones of his house that 's at hand . CHAPTER XII . The Presbyterie a burthen to the Nobilitie , Ministrie , and all Orders whatsoever . YOu know what Constantine sayd concerning the Arians .... Christe , Christe , Kyrie , Kyrie , ti depote hem●…s to lesterion hosemeran titroske●… He complaind that when their hainous crimes whereof they were accused had wounded their heads , and the deformitie of Shame spread over their faces , their violent boldnesse stood fiercelie in opposition to the truth , They wept not in Sorrow , but roar'd in madnesse with a grinding of their teeth . The Presbyterians I see by many passages in this chapter want neither impudence nor rage to outface and raile as much as any haeretikes whatsoever , when once their discipline is touched to the quicke . The Praelatical malice seemes no way exorbitant by this supplement of the Bishops , wherein his just indignation chaceth all the remaining eccentrike motions of these planets , these starres that wander from the fixed beauties in the firmament of the Church . If you can but finde patience , or your stomake will serve you to returne to your owne vomit and licke up your language the aire will be cleansed which was become unfavouri●… onelie by the uncomelinesse of your speach . The Nobilitie and Gentrie in all parts of Britaine have had too long and unhapie experience of the difference between the fatherlie counsels or friendlie correction of Bishops ( whom Religious Princes in honour of their function have dignified with the title of Barons , and priviledge of Peeres ) and the unsufferable insolencies of Presbyters , whose peacockes tailes that traine it daylie in the vulgar dust , and sweep together the raskalitie of the people , are poudlie spread and fanned in their faces . Those in England , ( which were none of the best ) that refused no hazard to shake off that easie yoke which was layd upon them by the hands and institution of Christ , have broke their neckes in their hast , & you see their honour buried in the grave . The Scotish Nobilitie that lead them the way , having serv'd allmost a double apprentiship at the trade , alas groane for their freedome yet dare not aske it from him , whose mercie they feare must not be so injurious to justice , as after so many rebellions and murders especiallie that unpardonable parricide ) to redeem them from bondage and to quit the for feit of their lives and estates . Therefore they chuse rather ( unhapie choyce between necessitie and nothing ) to renew their slaverie , Were the British Bishops se●… downe againe and ( which they may be in beter earnest then you meane it ) well war●…ed in their repaired sees , as they would looke to receive a filial respect , so they would doubtlesse repay a paternal Christian care of the Nobilitie and Gentrie in their charge ; Those that heretofore did not ( if any did not ) had no natures nor principles befitting their dignities , and till they have changed what they had for such 't is pitie , if they survive , they shovld be reenstated . You should doe well to name those that set their feet on the neckes of the greatest Peeres , but withall to set downe how long they could keep their footing there when a just appeale had been made to the capital power that was above them . If the publike too scandalous license of any Peere , how great soever , receiv'd at their mouthes a friendlie rebuke ; If after that his untractable confidence in sinne some legal restraint or fatherlie chastisement at their hands ; when Gods impartial and irrespective commandements are alter'd ; when Christian lawes that are consonant repeal'd , they may be then , & not till then discharg'd of this dutie , and visited by Master Baylie ( when he shewes his commission ) for their arrogance in the exercise of any oppression or tyrannie in their Courts . In the pretie peice that followes Master Baylie hath play'd the part of Pauson the painter in Plutarch , and artificiallie draw'n the Presbyterian horse in his ful career , giving as he thinkes every limme its due proportion to grace him in that posture ; But when , with Pausons customer , we turne the table and lay the beast on his backe , his designe is spoyl'd , and that uglie spectacle of a founder'd jade drawes contempt and laughter from all judicious passengers that behold it . That every small Congregation in Scotland can furnish your Elderships with wise , pious , and learned men by the dozen , will never be credited till we get some Historical assurance that when all good parts , pietie , and prudence were divorced from Canaan Athens & Lacedaemon they made a voyage to Scotland to court the wilde affections of the Presbyters in the North. For the double portion of discretion and learning in your Classical Presbyterie , which drawes in by fifteens the Nobilitie & Gentrie you runne the adventure of losing a beter inheritance , if you take St. Pauls to meane that in the leter ( as you sometimes tell us when you are angrie with Court and our Academical Clergie ) Not many wisemen .... not many noble 1. Cor. 1. 26. But it is in truth your owne carnal wisdome not so much to adde worth , as to arrogate power to , and make absolute the authoritie of your Consistorie , that in other mens names you may Lord it over not onelie the Common people but the Senate as he told some of your kindred that had searched every secret corner in your spiritual house . Consistorium ut dominari possit Senatui asciscit pro senioribus Consules , Senatores & Optimates ... Where if persons of qualitie be wanting to complete your number , you goe to plow with an oxe and an asse , yoke a Count and a Cobler together , while your prickeard Pastour keepes the goad in his hand to quick en their dull pace and drive them into Rebellious Covenants ▪ and so to their shame and destruction . The Iudge in our Officials Court is to be no petie mercinarie lawyer , but a Doctour that hath approved his skill in our Civile lawes before one of our learned universities , & thereby supposed to have beter abilities to judge then any Nobleman , Gentleman , Burgesse , one or more , except some select persons who by studie may have attained to some excellence in that facultie , where with neither by birth nor education they are know'n to be ordinarilie qualified , unlesse Dame nature in Scotland hath some faeminine moldsin every parish for your Elders , or some Seraphical fathers to breed their children by the rod or institution of the Spirit . But to returne to our Doctour . From his single sentence appeale may be made to a Court of Delegates consisting of a number the most learned , and in humane opinion the most up right law yers in the land . Which can be taken for no miserable reliefe , being the highest Court constituted by the authoritie of the King where if not His Majestie in person , his immediate Commissioners are Iudges . Your twice a yeare Synods seem somewhat unnecessarie if intended principallie for receiving appeales , your Classical Presbyteries consisting of persons ( as you praetend ) of such sinceritie & honour , & somewhere ( as I remember ) Didoclave tells us they have litle worke which , if well examin'd , hapeneth not so much by reason of the aequitable proceedings in inferiour judicatures , as from the assurance which persons oppressed have to meet with the same measure from the same men that are the Members of your Synods , who know well enough how to gratifie one another in the mutual ratification of the particular sentences pass'd before . The Primitive Synods found other worke , praeserving in their Provinces the puritie of doctrine & uniformitie in practice , trusting Bishops in their Dioceses except in singular cases with the censures of persons & redresse of grievances . Yet whatsoever convenience may be in it our Episcopal twice a yeare visitation may parallel . If the chiefe Noblemen &c have decisive voyces in your Synods , they gaine that priviledge by their birth or estates to neither of which is inseparably annexed wisdome , pieti●… & learning , the three gifts or spirits you require in your Iudges . How farre private instructions and interests praevaile with your Presbyteries in their elections to exaucto rate all the good qualifications in the competition of Candidates , the records of your Edenburgh Tables at the begining of this Rebellion can justifie : Though were their Honourable heads gaged and concluded capacious to hold no lesse then a tunn of wisdome & learning , and their armes clasped upon the embrace of the whole sisterhood of zeale , vertue , and grace , with all other abilities requisite to your Elders , your Presbyteries full approbation and choyce could not authorize them to suffrage in a Synod , whereto of old they had no admission , but as in the Second Councel of Orange , when sent thither by the King. I shall not insist upon the comparison or disparitie between them & inferiour Civile Court Judges , in whom no parts are wanting to the execution of their place in whose choyce the Canon of their institution is observed . All hopes of redresse by appeale from your Synods to a General Assemblie are crush'd in the shell by your underhand violence in election of Members , and praelimitation of them that are chosen in their votes . You remember the seven private directions sent to your Presbyteries before the Assemblie at Glasgow 1638. the fourth of which was . That such as are erroneous in doctrine or scandalous in life , be praesentlie processed that they be not chosen Commissioners , and if they shall hapen to be chosen by the greater part , that all the best affected both Ministers and Elders protest , and come to the Assemblie to testifie the same . By this tricke you not onelie praejudg'd or praecondemn'd the legal freedome in choyce , but caus'd to be process'd all suspected to be of a different sense from that which you praedesign'd or praescrib'd to the Assemblie . Thus the Presbyterie of Edenburgh put very many of their Ministers under processe , begining with Master David Michel , their proceeding against whom His Majesties Commissioner could not get deferred untill the meeting of the Assemblie . Thus the Laird of Dun chosen Lay Elder for the Presbyterie of Brechen by the voyce but of one Minister and a few Lay Elders , was accepted , & the Lord Carnaegie a Covenanter too , but somewhat more moderate , more lawfullie chosen by the voyces of all the rest was rejected . There was another paper of instructions dated August 27. 1638. which is mors in olla , the Collaquintada that spoyles all the pottage you bring us in this paragraph , the Second of which is this , Order must be taken that none he chosen ruling Elders but Covenanters and those well affected to the businesse , so that parts for judgement , wisdome , pietie &c are no considerable qualities in your Members of Assemblies , when the Covenant and good inclinations to the businesse ( of rebellion ) can be found though but in Ideots & Atheists . The multitude of Burgesses & Gentlemen is so great to some such good intent as this , that you may praeponderate the Parliament in your laike votes , and anticipate any just exception they can make against your Acts. The ground of their admission in your first reformation was a defect of Clergie , which , when once supplied , had for 40. yeares possessed all the places till exchange was made at your Glasgow null Assemblie to doe the worke in hand . The prime Nobilitie are not allwayes the men , but such among them as are first in popular opinion , and for that in your favour . Your choyce of them is many times illegal , when to serve your turnes you call them from one Presbyterie to another . Yet when all is done , you can pleade no praecedent from antiquitie for any more then a declarative consent , no definitive sentence no decisive voyce , the subscriptions in the Ancient Councels , distinguishing the Clergie and Laitie in this maner . Ego N. definiens subscripsi . Ego N. consentiens subscripsi . Those that at any time had greater priviledge , ( if the words cited by your Bishop of Brechen must needs give it them ) Gloriosissimi edicunt & Gloriesissimi Iudicos dixreunt , were special Commissioners sent from the emperours not from any Presbyteries , as he tells you , and more to this purpose which you may answer , as likewise what the Reverend Bishops objected in their Declinatour , about Theodosius the yonger , Pulcheria the Emperesse , & Martinius in the fourth General Councel of Chalcedon . Master Andrew ▪ Ramsey undertoke an hard taske upon the top of his stool offering to prove the lawfulnesse of Lay Elders by Scripture , Antiquitie , Fathers , Councels , & the judgement of all the Reformed Churches . And therefore , when His Majesties Commissioners offered to bring one into the pit that should encounter him , the cocke crowed no more , and , with the Brethrens good liking the controversie ceased . Till afterward , on good occasion , a Member offering to prove there was no such thing in the Christian world before Calvins dayes , the Moderatour learnedlie confuted him , saying , His father while he liv'd was of another minde . The E. Argile , who was surprized , as he sayd , at the sodain rupture of this Assemblie , held the Members a litle while by the eares with his argument of convenience , telling them . He held it fit the Assemblie should consist of Lay-men aswell as Churchmen ; Take this with you . Your Assemblie Ministers are chosen by the lay Elders your Moderatours some times are laymen , a course not justifiable by law , praecedent , or reason . The Kings Majesties person , or in his absence his high Commissioner is there onelie ( you tell him ) to countenance , not vote in , your meetings , and proesides in them for exernal order , not for any intrinsecal power . So that when you goe on ▪ calmelie in your businesse he findes litle to doe without Domitians flie-flap , of more use by farre in a summer Synod then a Scepter among you which you often times wrest out of his hand , and continue your meetings after he hath dissolv'd them . You can denie him or his commissioner the sight of publike papers brought into the Court ▪ which libertie the meanest subject may challenge . ) And ▪ when he hath any thing to object against suppositions , or , at best suspicious Registers , the E. Rothes can tell him boldlie in your names he must speake it praesentlie if at al , and because he doth not you wait no longer ; but , pro imperio , vote them to be authentike . Beside , to deminish as well the Kings state as authoritie ▪ you send Assessours , or Assistants to your Elders , and invest them with power aequivalent to his Councel . This meeting thus disordered sits too long by a moneth when no more , and Assembles , too often when but once in a yeare . The number of such Members no more hindereth an appeale , then a multitude of Malefactours can sentence a necessitie of becoming their followers in doing evil . Their wisdome is such as his to whom , a wiser man tells us , it is a sport to doe mischief . Their eminencie like Sauls , head and shoulders higher then the common people in Rebellion , And their honour somewhat like Absoloms mule , beares them up to the priviledge of the great oake in the wood for their hanging in beter aequipage then their fellowes . So that beside the justice there 's an absolute necessitie of appeal to the Parliament , or in that to the King from himselfe to himselfe , who sits there as supreme , here in no other capacitie but of your servant . Which is farre more justifiable and necessarie then vour appeale from both Parliament and Assemblie to the bodie of the people , which I tell you againe is the final appeale you make when Assemblies are not modell'd to vour minde . The number and qualification of Knights and Burgessesis therefore large and as great in your Assemblie as Parliament , that your power may be as large and great in the State as the Church , and the Nobilitie sit in one by election , because they sit in the other by birth , and so in a condition to unite the counsels of both according to the instructions of some few Presbyters that by Sycophantike insinuations have got possession of their soules and by their Spiritual Scepter dominion of their suffrages . Headie zeale , craft , and hypocrisie got in commission or Covenant together , we finde by experience can fit them to judge in Ecclesiastike affaires , when age , wisdome and pietie are sentenc'd . If ihe hundred choyce unparliamentarie pastours make up the oddes of some absent Noblemen , it should seem you and the Nobilitie are even pares cum paribus , Peeres alike in your honourable Assemblie . Which they must not disdaine , since Christ himselfe . I meane not his Anoynted , ( that you take to be out of quaestion ) goes but for a single Elder or Moderatour at most . So Cartwright and his Demonstratour cajoles them together , when he sayth , If they ( the Princes and Nobles ) should disdaine to joine in consultation with poore men , they should disdaine not men but Christ himselfe . So that Christ being in his name made your Assembly Praesident or Prolocutour , the King in his Commissioner your protectour , the Nobilitie your aw●…full subvoters or suffraganes , I see nothing wanting can concilia●…e a tyrannie to your Presbyterie , nor keep your foot of pride from trampling as basely as may be upon the people . But not to forget at last what you set in the front as first to be answered . The Presbyterian course , as you , or I more trulie , have describ'd it , is not much more readie then the Praelatical , because the benefit of appeale is to be had ordinarilie but once or twice in a yeare ; not much more solide , because most of your Iudges can reasonablie be thought neither good Civilians nor Casuists , not much more aequitable , because , as you order them , many more of the laitie then Clergie . In the second hurt your Nobilitie sustaine , the Bishop lookes not upon the judgement of foreigne Reformed Devines ( you doe not say of Churches ) nor yet on their practice , which I have know'n some time a great deale too sawcie with Princelie Patrons , but upon the aequity of the thing , upon the priviledge our Nobles in England enjoy , & the right yours have to the same by many yeares praescription and the lawes of your land . The first will be found if the original be searched . The right of patronage being by the due gratitude or favor of Kings & Bishops reserved to such as either built Churches or , endowed them with some considerable revenue , as likewise for the encouragement of others to propagate meanes and multiplie decent distinct places for Christian conventions . Hoc singulari favore sustinetur , ut allectentur , Laici , invitentur , & inducantur ad constructionem Ecclesiarum . The exercise hereof in Iustinian is expressed by the termes , Epilegein or onomazein , which signifies an addiction or simple nomination , to stand good or be null'd at the ●…ust pleasure of the Bishop , and therefore accounted no spiritual act in the Patron , but a temporal annexed to that which is spiritual in the Bishop , and therefore not simonaical as your brother Didoclave would have it . Nor is there that absurditie he mentions of arrogating to one what belong to all the Members of the Church , as is praetended , but can never be proved , Nor that danger in transmitting this right from one to another , if the care of the first patron descend not with it , which defect the care of the praesent Bishop must supplie . Nor is it requisite he should be a Member of the same parish to which he praesents , since the Bishop is head of the same diocese to whom , That this is contrarie to the libertie of the Primitive and Apostolike Kirke , to the order which Gods word craves , and good order , is onelie sayd but not argued in your Discipline , no more then by you when and to whom it became a grievance . Your patience in enduring it goes for no heroical vertue , being peevish enough soon after the Act of annexation had passed , as appeares by your cariage in the Assemblie at Edenburgh 15●…8 . and turned into a Rebellious Conspiracie , allthough painted with the name of a Parliament that now at last ( because it could not at first ) hath taken it away . The Nobilitres losse of their Impropriaetions and Abbey lands is very confiderable , when they bethinke themselves upon what false pleas , and to what unconcern'd persons they must part with them . Touching which as Sycophantike as is the Bishops accusation , he 'll not abate a fig of his right for the Presbyters answer , nor I a leter ( take which he will ) in exchange for his name . * Aedepol n●…gatorem lepidum lepidé hunc pactu'st .... * Calophantam an sycophantam hunc magis esse dicam 〈◊〉 . That the whole generation of the praelatike faction ( as your style it ) did hyperbolize in zealc against that which they call sacriledge , is an argument they were all true bred , no bastard children of the Church , not so meane condition'd as to sell their spiritual birthright for potage . Were your title as good , ( which can appeare to be nothing but your rough hands , and red soules with the bloud of the Martyrs of your owne making , ) * we should commend so farre as we act our selves your strugling aswell for the inheritance as primogeniture . But when we compare our professions or evidences , & finde our brethren to say that the benefactours and founders of these Ecclesiastike possessions were true Christians , though mistaken , we thinke , in many maters of doctrine and worship ; yours that that they were Members of Anti-Christ undoubted Idolaters and haeretikes ; Ours that the Churches which they endowed were Episcopal , such as we continue them or to our utmost endeavour it . From which you degenerate , schismaticallie separating , and arming your selves with all resolution & rage to demolish , ( beside what other advantage we may use of a nearer union & uniformitie in religion , more consonant to the minde of the doners , at least if such as your malice doth render it , litle thinking it may be to have it so unhapilie retorted in that which is the chiefe drift of all your rebelling and covenanting ) when we thinke of no other restitution but by the possessours consent , when it may be transferred to us by the same supreme hand that confetr'd it on them , out of which you no sooner get opportunitie and power but you violentlie ravis●… it ; calling Princes & nobles sacrilegious robbers while they over-power you and deteine it ; I beleeve all our Religious and prudent Nobilitie will unanimouslie grant our plea more just , our ▪ proceedings more moderate , & when God shall if ever , touch their consciences ( not we the skirt of their estates and livelihoods ) with an humble feare that such an inheritance with-held from such a Church , may be sacrilegious indeed ; with assurance that if it be so 't is finfull ; they will not value their lands at so deare a rate , as to pay their soules for the purchase , but with courage & confidence in a blessing from God to be multiplied on their undevoted temporal possessions returne them to him ( the King I meane ) from whom they receiv'd them , and be beter content that Episcopal Christians then Presbyterian counterfeits should repossesse them . But if such of them as are not perswaded in conscience they are oblig'd to restore them upon the arguments we bring ( which would ne'r be convictive if our plea were no beter then yours ) shall adventure to leave the suit depending till the Court of heaven give final sentence upon it ; at their peril be it , the Praelates & their followers use no violence nor course of law here below to put them out of these their possessions , no threats but those against sacriledge in Scripture , searing this may be such , no activitic but that of a swift charitie to catch hold of their soules and snatch them out of the snare when they finde them devouring the bate , and to put them ●…nte vota , before vowes upon making enquirie , or if post vota to retract them . Therefore such of the Nobilitie and Gentrie as were nakened hereby to take heed of their rights , were best have a care they slumber not in the wrong , and take Solomons counsel intended Prov. 16. 8. Beter is a litle with righteousnesse , then great revenues without right . But ( which requires the Readers advertence ) for you here to call those the rights of the Nobilitce and Gentrie , which so many Assemblies have declar'd to belong jure divino to the Church , which in your first booke of Discipline you tell them they had from theeves and murderers , and hold a●… unjust possessions , or indeed no possession before God ; which in your second you hold a detestable sacriledge before God ; For you to twit the Praelates with violence & threats , who are bound in Iohn Knox's bond not onelie to withstand the mercilcsse devo●…rers of the Church patrimonie ... but to seeke redresse at the hands of God & man ; That declare the same obligation upon you to root out of the Kingdome aswell the monster of sacriledge as that of Episcopacie , and so aswell the persons of most your Nobles as the Bishops ; For you to object a ●…ourse of law and activitie , who by incessant demands and praeter legal , devices never gave over till the lawes that annexed lands to the crowne were repealed . For you to bragge of your last Parliament's confirmation of titles , because your last Assemblie power could not reach beyond the destruction of patronages ; What is this but apertlie Sucophantein & calophantein , to fawne & accuse , dissemble & destroy , flater your with mouth , while you spread a net for their fees and worke the ruine of their persons and estates ? If Noblemen once abase themselves to be Elders of every ordinarie Presbyteri●… , it 's not to be doubted but evey ordinarie Presbyter takes himselfe for their fellow if not their superiour , which they finde to their griefe , Therefore all or most respect that they give to their gratious Ministers , is ala●… a litle Court holy water cast on the flame of their zeale , a sacrifice made for their owne securitie from your tongues and pennes , and from the armes of the people that serve your warrants oft times in tumults upon their persons , For the honour you pay them they are faine , like wretches to morgage their conscience , those that doe not , gaine the honourable titles of Traytours of God , are cashier'd your companie , and then passe for no beter then honourable heathen , publicans and sinners . If they become not Truchmen between a single Presbyter and a Prince ▪ when he comes with his I require you in my name &c. Before every charge , ( no very humble forme as I take it ) they shall be called abusers of the world , neutral livers at their pleasure , if not shedders of Scotoh bloud . And some that draw on themselves their Prince's displeasure for a Rethorical libertie used in their behalfe , shall be pay'd for their paines with the honourable essay of men sold unto sin ▪ enemies to God and all godlinesse , the L. Sempils reward which he had from Iohn Knox as this gratefull Presbyter hath registred in his storie . They that bridle the rage of their Princes , ( the phrase usd ) as occasion serves , will not sticke to halter the heads of their Nobles , if they will neither leade nor drive , but molest the progresse of their Presbyterian designes . Your Historical Vindication I hope is no new nam'd Logike , to prove negatives of fact ; your detraction from the credit of many irrefragable authours that Historize that insolent speach uttered by Bruce , lookes more like a calumnie then their relation to a f●…ble . And yet such a superstitious reverence is payd by your fond brother Didoclave to the memorie of his name , that he could be content to pin his fayth on his sleeve , and hang his soul at his girdle . Anima m●…a cum anima tua Bruci , si ex aliena fide esset pendendum , and were there to be but one priviledge of aeternal residence in heaven he thinkes neither Patriach nor Prophet Apostle nor Martyr , no , nor the Virgin Mary her selfe were likelie to carie it from Bruce . Which compar'd with King Iames's opinion of him as a perfidious madman that had a whirligigge in his head , delivered after to many experiments of his rebellious zeale , and frantike restivenesse , is enough to condemne both saine and votarie to some bedlam purgatorie , before imposture can fixe , or facilitie of fancie finde these new imaginarie lights among the starres . Your following invective is writ with Arrius's quill , and by such scribling you gaine the title that Constantine gave him , patroctono●… epieiceias , discovering your selfe to be a parricide of aequitie , murdering truth in your relation , and justice in your parallel . His Lordship takes himselfe not concern'd in this case to recollect 800. yeares Historie of Europe , to picke out of the pietie & humilitie of many Reverend Bishops the pride and passionate errours of some few ; No●… hath he malice enough , with you ; to make that the nature of their office which hath been some litle monstrositie of minde , by ill habits accidental to their persons . Beside , what among the Papists the nobilitie by birth of many Bishops concurring with the received dominion and large revenve of their Spiritual praeferment ; may elevate their thoughts , and enhaunce their owne opinion of themselves , if impardonable , addes litle to the condemnation of ours , which partake in litle with them but their titles . The universal supremacie , which the Pope arrogates aswell over Kings as Bishops , may puffe up a litle Cardinal , that is neare him , in his purple , & possesse him with a conceit that he may Write himselfe companion to a King , whom he thinkes ( but is mistaken ) oblig'd , in Spiritual humilitie , to lie prostrate at his holinesse foot , and kisse his slipper . But the same Kings soveraigntie in Ecclesiasticis at home secur'd him from all such contestation with his Bishops , Though , had it not , the argument from a Cardinal in Rome to a Praelate in England will hardlie finde a topike . Those in Scotland take themselves as capable of honour conferr'd upon their order as their Popish praedec●…ssours ; Nor are such legal establishments ( if not of right ) of Princelie favour to becast away in complement , Nor were they to make an unnecessarie distance out of forme , when the material meaning of their vicinitie to the throne , was the neare concernment of their counsel to the King. Orthodoxe Monarchs , as well as Papists , having doubting consciences , and orthodoxe Bishops as good abilities to resolve them . I have not heard they crowded much ; or quickened their pace to get the doore of the Earles &c. Their Provincial that with much humilitie and respect unto their H. H. tookeit , was lead to it by the hand that had exalted them or their progernitours . But for the reason of praecedence , which I guesse to be your meaning , you were best review the Heralds office and reforme it . Poorp●…dants are not to be reproached for making a litle diocese of their Schooles ( Priests being charged to make such of their houses ) and from the experimental regiment of boyes raising their abilities , by honest endeavours , to the meriting an higher Episcopate of men ; Nor their conscientious demeanour in that office to be aesteemed the arrogancie of their order , if it move Kings to commit the white staves to the crosiar , and great seales to be under the keyes of the Church . The most capricio●…s of them all , and most contentious for the honour , ( which I thinke were none but such as did you too much service when they had it ) were many straines below your Presbyterie of Knoxes , Bruces &c. Who have contested with Kings for their Scepters , which with white staves and seales they brought under the pedantike jurisdiction of their rod. Never have Bishops so ruffled it as many base borne Presbyters with the secret Counsel . To whose Consistories all Courts of Iustice were faine to doe homage & the greatest Lords of the land , become subordinate Elders to the parson of their parish . It 's not so long that yet it can be forgoten , since a most violent and malicious man call'd the Goodman of Earlstounne , aclient of the E. Argile for interrupting of divine service , forceable overturning the Communion Table in his Parish Kirke , th●…eatning and abusing the Minister with many other such enormous crimes , was fined ( but the fine never exacted ) by the High Commission and confined for a season . The E. Argile complain'd of his hard us●…ge to the Lords of Counsell , and enformed against the Bishop of Galloway that he promised to him somewhat , which he had not perf●…rmed ; The Bishop denied the promise , & gainsayd what the Earle alledged , whereupon sayd the Earle . If you say so 't is as much as if I lie . The Bishop modestlie replied , I doe not say so , but I beseech your Lp. to call your selfe beter to minde , & you will finde it as I say . This is giving the lie because he would not take it on himselfe , and ruffling with a great Lord , because he would not be ruffled out of a just vindication of the truth , & yeild his consent that a Counsel Table should approve turning the communion table out of the Church . The Reviewers should doe well to bring in his accounts fuller , when he reckons with Bishops for braving of Noblemen . All Presbyterians are heterodoxe to all good Catholike Christians , with whom Episcopacie is so necessarie a truth , as next to the divine institution , Vniversalitie , Vbiquitie and perpetuitie can render it . Confingant tale aliquid haeretici — nihil promovebunt , Could your invention feigne such authoritie to Presbyterie , yet your doctrine would diversifie you into a sect . What the Bishops following words cleare , shall not one whit be clouded by any obscuritie in my replie , though the strongest eradiations that come from them would finke themselves silentlie in the deep , playd you not the malignant Archimede ( though no such exact Mathematical Divine ) to reflect them into a flame that may set the ship of the Church on fire about our eares some coales of this fire I shall heape on your head & cast backe into your bosome , which if you meane not to quench , you may blow up to what farther mischief you thinke good . The Apostles were Bishops , who did , undoubtedlie delegate the power of ordination to none but such as were constituted Bishops by them to that purpose . This power appeares not undoubtedlie to have been exerciz'd by any but Bishops in the Historie of the Scripture . This power was exerciz'd canonicallie by none but Bishops in the Historie of the Primitive Church According to the second canon of the Apostles . Presbyter ab uno Episcopo ordinetur , & Diacon●…s , & reliqui Cleri●…i . The laying on of hands of the Presbyterie , both in Scripture and Ecclesiastike storie was onelie for external forme , no intrinsecal power , the efficacie of the act being in the Bishops benediction , which I never finde attributed to the Priest. As in the third Canon of the fourth Councel of Carthage , Episcopo eum benedicente , nowhere benedicente Presbytero . Therefore your friend Didoclave is faine to acknowledge a great difference , Magnum discrimen , between St. Pauls imposition of hands and that , at the same time , of his Presbyterie ; whatsoever is mean'd by it . Nam per impositionem mannum Apostolorum Deus conserebat charismata , non autem per impositionem mannum Presbyterorum , distinguishing in the ordination of Timothie between dia & meta , the former relating to Saint Paul , the later to the assistent Priests . Which is another interpretation of the text then you were pleas'd to make of it chapt . 8. So that I see the brethren agree not upon the point . Succession through the lineal descent of Bispops from the Apostles , and ordination by the hands of Apostolical Bishops have been ever used as strong arguments to uphold Catholike Christians in a comfortable assurance of their Ministric as lawfull . And haeretikes have been pressed by the ancient Fathers with the want of nothing more then these to justifie their profession . Hoc enim modo Ecclesiae Apostolicae census suos deferunt , sayth Tertullian And Irenaeus before him joines the gifts of God required in the Ministrie , if he meanes not the sacraments with the Apostolical cession of the Church . Vbi igitur charis●…ata Domini posi●… sunt , ibi discere oportet veritatem , apud quos est ca quae est ab Apostolis Ecclesiae successis &c. The Presbyterians praetending divine institution , must likewise prove such an uninterrupted succession , or evidence their new extraordinarie mission , otherwise they can minister litle comfort lesse assurance of their calling to be lawfull . The former they can not doe for Saint Hierom's time at least , who makes ordination a proprietie of the Bishops . Quid facit excepta ordinatione Episcopus quod Presbyter not facit ? where a friend of theirs failes them when he sayth , ad morem jusque suae aetatis respexit . That he had respect to the custome & canon of his time . Nor can they doe it for above 200. yeares uncertaine storie after Christ , in which they have as litle light to shew their Presbyterie was in , as that Episcopacie was out , which they would faine perswade us to take upon their word dispensing with themselves for the use of unwritten tradition to so good a purpose . If they will pleade an extraordinarie mission , they should doe well to name the first messenger that brought the newes of their Euangel , and what miracle he wrought which might serve him for a leter of credence to us , who it may be otherwise ▪ shall be no such superstitious admirers of his gifts or person . That therefore the orthodoxe Ministerimust want the comfortable assurance of their undoubted ordination in the Ministrie , which words yet beare a much more moderate sense then that you give them viz. That they may very well know and be assured that their calling and ministrie is null , the distance being ( as I take it ) not so indivisib●…e between the negation of one assurance to the position of the other . Such a malicious interpreter beares the image & may stand in Constantines opinion for the statue of him who is the father of calumnies , & cares not what p●…yson he casts to spot other mens names , & cracke their credits ta tes 〈◊〉 ita motetos 〈◊〉 apheidos proballon , as true of an A●…rian as A●…ian . Your divination about the deleted words will succe●…d in some strange disoverie by and by . In the interim you set too sharpe an edge upon the doctrine of the Bishops friends , and doe act violence where it may be they intended not so much injurie as the ut most extremitie of justice , allthough they held the axe in their hand in Christian charitie disputing the sentence , not so hastie to execute it , ( or beyond it ) in the rigour , and cut off at one stroke the Clergie from their calling , and so many , lay societies of Christians from the Church . Vntill I meet with some particular more forward instances then I know of , I shall answer for them to the Churches of France , Holland , Zwitzerland and Germanie , as Pope Innocent writ to the first Councel at Toledo , about the ill custome of the Bishops ordination in Spaine That it 's very requisite somewhat should be peremptorilie determin'd according to the true primitive tradition might it be without the disturbance of so many Churches . For what is done , ita reprehendimus , ut propter numeru●… corrigendor●… ca qu●… quoquo modo facta s●…nt non in dubium vocemus , sed Dei potius dimitt●…nus judicio . We so dislike it as not to startle so great a number of delinquents with our doubt , but referre the judgement to God who standeth in the congregation as well of Presbyters as Princes , and is a Iudge aswell among Ministers as Gods. The Sophisme of the Iesuits , because so popular , should have been refuted , or else not recited . allthough the similitude it brings runnes not upon all foure even with the doctrine of the Bishops prime friends . Some of whom I beleeve will acknowledge there may be resident many Members of the true Church , where are no true Sacraments , being well praepared to receive them when they may have a true Ministrie to dispense them . That one of the two Sacraments is true , though not * dulie administred , when , in case of necesstie , by lay hands , where is no true Ministrie to doe it , which may consist with that of B. Ignatius if applied , to this purpose , Ouk exon esti choris to●… episcop●… oute baptizein , oute prospherein . Exon at most but illegitimating the outward visible act ; not nulling the inward invisible grace , That the other 's effectual , when had but in voto , if it can not in signo , through want of any or ( which is as bad ) a lawfull true Ministrie to make it . In the third clause I hope you will shake hands with the Iesuits and them . Where is no true ordination , there is no true ordinarie Ministrie , or lawfull Priesthood as His late Majestie call'd it . As for the fourth the Bishops friends , whatsoever they may , doe allay it thus . Where are no Bishops can be no comfortable assurance of a true ordination , And so in whatsoever reformed Countrey are no Bishops , being no true Apostolike ordination , no comfortable assurance is had of a true visible Church in the publike administration of the Sacraments , though they hope well the invisible Members have an invisible true Priesthood among them , or such an high Priest as being himselfe holie , harmelesse &c is able to supplie what their Presbyters want , able to save them ●…is to panteles very completelie , and make intercession for them who sin in submission ( out of more good meaning then fayth ) to their discipline , who can give no comfortable assurance that Saint Pauls rod or St. Peters keyes everwere committed to ▪ their charge . Those of the Reformed , which I hope are not all , if any , that concurre , if you meane covenant , like your selves , under praetense of selfe praeservation ( being endangerd by nothing beyond the frequent ineffectual power of good advice , and plea of Apostolike example ) with seigned words to make merchandize aswell of Bishops as Kings , and like the insolent Abaddons at Edenburgh and London , to assault their persons and then abolish their order , declare themselves such as Saint Peters false teachers . or worse because more publike in bringing in dam●…ble h●…resies , denying the Lord ( at least in his Ministrie ▪ which they 〈◊〉 Anti-Christian ) and ( what they have allreadie in part ) bringing 〈…〉 on th●…selves . Your officious informer that drew the curtaine & made the discoverie of what the Bishop deleted , had litle good maners , though , it may be , not so much malice as you in your uncharitable ( not so for●…mate ) conjecture . A d●…ngerous question being mistaken when called a tru●… judgement , and doubting wh●…ther it be within the pale , not actuallie excluding all 〈◊〉 Ministres &c. out of the line of the Church . Remorse of conscience hath commonlie antecedent evidence of science , puting all out of question & doubt , without which the vaniti●… or pusillanimitie of repenting had been litle commandable , how condemnable soever had been the iniquitie of erring . What His Lordship lest behind unscraped out , doth not shew his mind onelie ▪ but the minde of all good Catholike , orthodox Christians . And why his feare to provoke should incline him more to delete the following expressions , then his care for their comfortable satisfaction had mov'd him to pen them ▪ I know not . Nor need I be curion●… to enquire the reason of a line blotted in his booke more then if I had seen it expunged in his papers being not concerned to give account for more then was his pleasure to have publish'd . Though , were all the Protestant Churches ( what they are not ) as unconscionablie cruel to us as the Presbyterian Conventicle of the Scots ▪ I see not why , in reference to the Religion we professe , it should be more unsafe why more unseasonable ( since they give , I hope , the same libertie they take ) out of a pious sollicitud●… to have a union of both , some what ambiguouslie to ●…christen them , then they out of malice , to make an aeternal separation , very affirmativelie antichrist●… us in all the peevish pamphlets they put out . So that whether stands upon the more extreme pin●…ole of impudence & arrogance , the Praelate that doubts your being in a Church visible true for succession & Apostolike ordination , or the Presbyter that denies our being in any but what is visible false by a Satanical Priesthood & Antiapostolical investiture , let your aequitable comparers impartiallie decide . The Praelatical tenet is not to ●…verre the Church of Rome , as the stands this day &c to be a Church most true , who praeferre that of their owne for a truer , and condemne many Canons in the Counsel of Trent . That they h●…ld she is true in respect of undoubted succession and Apostolike ordination ( our businesse now in dispute ) so much concernes them , as the truth of their owne derived from that . Nor can you denie , what you so shamefullie dissemble , that in the retrograde line your last Priest ( for a last there must be , unlesse you have been Autóchthones or Autor●…ni ●…i rather , coaeternal with the Priest that 's in heaven ) had his ordination , and you thereby succession from them ; and so both prove as Anti-Christian as ours . An easie way of salvation in the Romish Church , is no second tenet of the Praelates , who meet with her stumbling upon many errours in doctrine and worship , going somewhat about by Lymbus Patrum & Purgatorie , whereas we thinke if she walked with us , she might have a more easie & shorter journey to heaven . Yet withall knowing that the wayes of God are anexichniastoi not to be tracked and his judgements anex●…reuneta not to be searched ; we dare not damne at adventure all that goe with her , ( no more then you can assure a ship to be sunke so soon as ever you lose sight of her saile , ) but leave the issue to him who is great in Counsel , and mightie in worke , whose eyes are open upon all the wayes of the sonnes of men , to give every one according to his wayes , and according to the fruit of his doings . The seperation from her , Which they hold to be needlesse is such as that which you fondlie make about copes and surplices , Church Musike and festivals & that came not in with the Counsel of Trent . That which is made upon higher points , ( though not yet , God be prays'd , in the highest of having one Lord , saying one Creed , using one baptisme in substance however different in ceremonie ) they impute to them who kept not their station in conformite to the Primitive Christians of the 5. or 6. first Centuries ▪ with whom a reunion not onelie may , but ought to be much desired on just conditions , and that which is , continued , rather then the division made greater by our fruitlesse compliance with morose and humourous Reformers , whose preaching being not with entising words of mans wisdome , they tell us of aspirit , which can not be the same with Saint Pauls , because thereof they never gave us any demonstration , nor of any power but the sword . Could your bold praecedent priviledge or excuse me in comparing , judging , censuring or approving , the publike transactions of our Royal Soveraigne , I should with much modest & innocent freedome professe more justifiable , according to Christian Religion & prudence , His Majestie●… late graces and securities granted unto the returning confederated Irish ; then any like future concession unto the persisting , covenanting Scots : They gratefullie accepting a limited toleration of their publike worshp to those of their owne division in that Countrey ; you endeavouring to extort an absolute injunction of yours in all His Majesties dominions , denying libertie of conscience , so litle as to his familie or person . They onelie craving in much humilitie , a freedome from being bound or obliged by oath to acknowledge the Ecclesiastike supremacie in the King ▪ you arrogantlie binding by solemne league and covenant ( wherein so much is implied ) Him and us to attribute it to the Kirke . They renewing in the oath of allegeance their recognition of Royal right ▪ and swearing , without restriction , their defence of his person &c to the uttermost of their power , you by proclamation admitting him to the exercise of his power , but in order to the Covenant , And covenanting his defense no otherwise then in the defense of ( what you call ) the true religion & liberties of the Kingdomes . They subjoining in that oath their best endeavour to disclose to His Majestie &c all treasons and traitourous conspiracies &c. You having not a syllable to that effect in your covenant , lest you should be obliged to betray your selves , who are resolved to continue principals in such practices against him and his Royal familie to the last ▪ They charitablie forgeting all revenge against any of His Majesties partie that had fought against their confoederacie ; you cruellie combining , expresselie to bring to publike triall all such as had been any way instrumental opposers of your Covenant . They embracing in the armes of Christian communion , their quondam enemies , now fellow subjects of a different religion , you baselie butchering them with unexemplified crueltie 1. with your material sword , axe , or halter in their bodies , your civile in their estates , your spirituall ( what may be by your excommunication ) in their soules . The aggravations you bring against His Majesties agreement are , First , That it was with persons so bloudie which as it can not be wholelie excused in them , so ought it of all men least to be objected by you , whose religion hath passed from the Castle of Saint Andrewes to the House at Westminster in a red sea path , made for you neither by Moses's rod , nor Eliah's mantle : under the conduct of no civile , no prophetical power , fenced on both sides with bloud of different complexions , the bloud of Popish and orthodoxe Praelates , the bloud of Princes addicted to several Religions , So that God doubtlesse will have a controversie with you , who as the Prophet Hose speakes , by swearing and lying have broke out into rebellion , and bloud toucheth bloud . The bloud of the Cardinal hath touched the bloud of the Arch-Bishop . The bloud of Queen Mary the bloud of King Charles , and more then that , which you may heare of otherwhere Touching the crueltie of the Irish I remit you to what our Royal Martyr hath writ with much Christian indifference . Ch. 12. of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 where you may take notice principallie of these clauses . I would to God the Irish had nothing to alledge for their imitation against those whose blame must needes be the greater by how much protestant principles are more against all rebellion against Princes then those of Papists ..... I beleeve it will at last appeare that they who first began to embroyle my other Kingdomes ( and who , J pray you were they ) are in great part guiltie , if not of the first leting out . Yet , of the not timelie stopping those horr'd , effusions of bloud in Irland . To omit what His Majestie intimated before , That their oppressive feares rather then their malice engaged them , and you know how profuse you are of bloud when you treate of the doctrine of selfe praeservation . Secondlie , you are troubled at the full libertie of Religion he granted them , which if you e●… saw the articles , extended no further them the remission of poenal statutes , not to the restitution of Churches & Church Livings , but what they had then in possession , not to any jurisdiction but what they exerciz'd at that time , for which an expresse caution was taken in the very first article of the treatie . And in the last but one their Regular Clergie were restrain'd to their pensions , and confind to the praecincts of their Abbeys and Monasteries , which are explain'd to be within the Walls Mures , and ancient fences of the same . No charitable benefactour having libertie to exercise one maine point of their Religion , by laying a foot of land unto their Convents . But had it been as full as you fancie it ( because you make your owne case many times the same with that of your brethren abroad ) I pray directlie answer me , Why a Papist may not have as free libertie as a Iew ? And Whether , according to your conscience be more Anti-Christian , a Cloyster or a Synagogue ? Thirdlie , You object the Armes , Castles , and prime places of trust in the state he put in their hands . Whereas if the case were politicallie disputed , Whether the Militia were safer in the hands of Papists or Presbyterians . I beleeve the former would carie it upon the greater securitie ( though not generallie the greatest ) they give in their principles , and the greater experimentall assurance in many places of trust they have often rendred Princes in their discharge . And had the prime Castle and place of Trust in that Kingdome been theirs , and no armes nor command in the Armie been the others ( a tolerablee freedome of religion being granted them ) it is not improbable that Noble Marquesse last yeare had either not been forc'd to hazard a siege for his reentrance , or at least not betrayd into an inevitable unhapie necessitie of retreat , What they demanded , or had the 9. Article of agreement will informe you . That upon the distribution , conferring , and disposing of the places of command honour profits and trust ... no difference should be made between them and other his Majestie subjects . ( Here 's no exception against Malignants nor persons disafected to the cause ) but that such distribution should be made with equal indifferencie , according to their respective merits and abilities . By which qualification all disloyal demeriting persons are made obnoxious to a just exception at any time . Those that continued in possession of His Majesties Cities , Garrisons & within their quarters are to be commanded , ruled and governed in chiefe upon occasion of necessitie , as to the Martial and militaire affaires , by such as His Majestie or his chiefe Governer , or Governers of that Kingdome for the time being should appoint . And where any garrison &c. might be endangerd by restoring to their possessions & estates the Litizens , freemen , Burgesses , & former inhabitans , they were not to be admitted , but allowed a valuable , annual rent for the same , as in the ●…7 . Article was provided touching those of Corke , Youghall , and Dungarvan . Finallie in all that agreement no condition is found , That His Majestie or His Lieutenant should be governed by a Popish Parliament at Dublin when it might be in Civile , nor by a Clerical councel or Assemblie at Kilkennie in Ecclesiastical affaires . Fourthlie , That the King gave assurance , of his endeavour to get the articles ratified in the next Parliament of England , was to ratifie at praesent their confidence in him , for which he can not be blamed , unlesse you would have Kings sport like boyes with changeable knots in their treaties or ( what you scornefullie charge them all with when you thinke on 't ) like children play at checkstone with their promises and oathes . That His Maiestie did this of himselfe , is false , if mean'd exclusive of his Councel . That he did it without a Parliament , which he could not have , and before it , which his urgent necessities could not stay for , is justifiable by that law which will never pleade for your pardon . Salus populi suprema lex . Nor is that currant law contraire to any standing law in such an exigence as his unlesse there be one ( as there is none ) that injoines him to follow the misfortune of his father , to lot the Presbyterians binde his hands from laying hold upon any advantageous assistance from the Papists , till his head be cut off by your bloudie Executioners the Independents . Therefore whatsoever passed in this agreement , if perswaded by the gracious partie , no faction , of the Praelates , they exonerated their conscience , if opposed by them , they were no antagonists to their dutie ; if with moderation and patience heard , their passionate zeale did not so transport them as to reject salvation from God , when he gives it by the hand of Papists unto their King. Who thinke it neither loyaltie nor prudence rather to deliver him up to the hazard , if not assurance , of the axe , then he should by such meanes be delivered from the perill of the sword . The Kings inclination toward covenanting protestants hath never hitherto made such an uglie appearance as to scare them in a dreame or awaken their art & industrie in a furie . Nor have you heard , I beleeve , His Majestie complaine that his sleep was broake by their midnight disswasions . If in sermons by daylight they layd before him the mischiefes that lurke in your Covenant they did but bring him a message from his Fathers Ghost who it , may be heard the low'd cries of those tongues that had toke it , as he passed from the skaffold to Ahrahams bosome . Or were sent from some other Ancients that were dead to tell him more truth then he ever will heare from the Scotish Interpreters of Moses and the Prophets . That temporal death with any misfortune ought much rather to be embraced then the losse of his soul in the hell of the Covenant they could not beate too often in His Majesties head , unlesse they infalliblie knew his Martyr'd Fathers instructions to be engraven with the point of a diamon'd , or unchangeablie set as a seale on his heart . And where as our Saviour assures him the whole world can be no proportionable profit for that damage mention'd in the 16. S. Matth. the ruine of his three Kingdomes need never be grudged in so good an exchange as he afterward speakes of . Though His Majesties conscience ( or such of his Councel as look'd well about them ) could not hitherto tell him he hath been by any necessitie tempted to one of those two immediate extremities , between which providence ever maintain'd a visible passe ( it may be none of the easiest ) nor ought is it but sloth and Athiesme ( except some treason may be in the composition ) that would scare him with fancies of prodigious monsters , worse then Solomons lion in that way . Your forsooth , with a feigned lispe and a courtesie , will winne your Mistresse ( the Covenant ) no favour in wisemens eyes , who can not be catch'd with such red and white painting and patches as where with you so often praesent her . Since their deare bought experience hath tought them that her crowne of pride can as litle brooke a societie with the Goddesse Regalitie , as Prelacie . Nor doth she oblige in sense , how faire soever she speakes , her takers to lesse in their station , then to the abolition of them both . If I conceiv'd my selfe in danger , instead of answering , I would cut out your next paragraph and weare it for an amulet or special guard against magical enchantments , having read that things most rediculous or filthie are the best securitie that can be in such cases . That you should appeale to Reason & Experience for your Iudges of Presbyteries praeeminence before Episcopacie in learning , honour & wealth , who stand selfe condemn'd by the frequent invectives you with your partisans make against the vaine philosophie , which is the sciential learning , of Prelatical preachers , against the dignities of Praebendaries , Archdeacons &c. Against pluralitie of their livings , which doubles their revenues , is as if you were practizing with your pencil upon the first verse in Horace ; Poêtrie , rather then disputing by your pen in divinitie or Logike with the Bishop . The Severest of your Trial before ordination is about cutting to the root some Hebrew word , and corrupting it in the sense ; graffing some yong vowel upon an hopefull stocke , or in oeulating with a pricke to make it bring forth fruit pleasing to your tast , though , in all likelihoo'd , never intended by the Holy Spirit that planted it in the Bible . Your all sort of learning here , called gifts utterance and knowledge in your first booke of discipline , were it not reduced , as it is in your liturgie , to tatling halfe an houre beside a text , would put his Lay , if not his Clerical , Iudges to a nonplus when they were to give their verdut of his parts : And though here you talke of disputations upon controversed heads , and there of the chief points of controversie betwixt you and the Papists , Anabaptists , Arrians &c. We know what discouragements you give your yong students about looking into Schole Divinitie , the most authentike Ecclesiastical Historie , and Fathers , without which they are proper champions for such an encounter . It is not Davids sling , but in Davids hand , and with Davids God to guide the stone which goes out of 't that , without other weapons , can make these Goliaths fall upon their faces to the earth . Our trial is personnallie by the Bishop or his Archdeacon ▪ unlesse in his absence some other learned Minister be appointed . We have nothing to doe with lay Elders nor people in the examen , who have no interest by the Catholike canon in the election . Peri tou me tois o●…klois epitrepein tas eclogas poiersthai toon mellontoon Cathisasthai cis hieratcion is the 117. by Iustells account . Our practice is seldome so remisse as yours , if our rule be more , it may be imputed to the necessitie of that time , when learned men , I meane reformed , did not swarme in a number aequal to the cures to be served . Against which what you argue in your owne case 1. Book : Discipl . may be replied to as in ours . 1. That the Bishop His Deane , and Canons , or Cathedral Clergie , may supplie the imperfections of others in his Diocese ( for if the lacke of ablemen be real , your streight and sharpe examination may disparage by discovering the infirmities , not one whit enable your Proponents or expectants for their duties ) 2. The rarite among the Gentiles in the begining of the Gospell was recompensed with the extraordinaire diversitie of gifts . 3. Vn preaching Ministers are no idols , having eares to heare what the Church praescribes and mouthes to utter , as her prayers for , so her wholesome doctrine unto the people . But what , I can not passe by since it meetes me in the way . That efficacie of the Sacraments , as well as power of the word , which you call of exhortation , should be limited to the abilities of the Minister . And as the Papists directlie , so we by inference , be disabled in both , I thinke will helpe you to a share in the Iesuits Sophisme , whereof we latelie discoursed , and set you upon the pinacle of arrogance and impudence , who hereby unchurch the greatest part of Christians , and contract this Soveraigne excellencie to your selves . Your Latin disputations when they come by course among the ignorant or yonger frie of your Ministrie , doe but multiplie haeresies , & make them now and then , in their heate , blaspheme God more learnedlie then in their weeklie exercizes and Sermons . As occasion shall serve , I may helpe you hereafter to more instances then one of the like practice among some of your brethren abroad , where every boardlesse boy ( for with such your Presbyterie every where abounds ) hath libertie to talke ( for I can not call 't disputing ) upon the highest mysteries the Trinitie , Praedestination &c. As confidentlie ▪ to the shame of your religion , as the gravest Doctour can determine in the chaire . What of this may be tolerable among the learned , super to●…am materiam , ●…s litle beter then a forme , and litle decencie in that , which approves not much , improves lesse the abilities of the longest liver among you all . Our aequivalent to this ( let it be what it will ) in our Archdeacons Visitation , your friend Didoclaves turnes off with a jeer , making as if the abilities of our Ministrie were inquir'd into after they were constituted leaders of the flocke . Primum creantur ductores gregis , d●…inde fiunt discipuli , where as it is principallie to discerne the advancement by studie of what abilities they had at their ordination , whereby the election of rural Deanes may be regulated , & persons know'n that are enriched by gifts befitting them to be Bishops . Your experience shall not draw me into an unnecessarie comparison between our English Clergie and the French or Dutch Divines , whose ordination , yo●… are not ignorant , hath been impeached by their adversaries ( whether deservedlie or no they are to looke to ) and their abilities resolv'd just like yours , into an effusive ▪ readinesse of words . But I bid defiance to you and your Countreymen of the Discipline , to shew me among you all , a Law'd , an Andrewes , a Montague , a White , to whom the English you name must give the guerdon of learning ( which I beleeve Reynolds caried not at Hampton Court Conference ) unlesse Perkins had more in his Chaine of Praedestination , or Parket in his silie Arraignment of the Crosse. But how solide and singular soever was their learning , their defection from the doctrines and practical praecedents of so many yeares standing among Catholike Christians makes their fayth in many things , and their good parts comparitivelie in all , but as chaffe to be blow'n away with the winde , and the memoire of them to be winowed by our breath that the truer graine may be visible in Gods Church . Av●…lent quantum volent pallea levis fidei quocunque . Affltu 〈◊〉 , eopurio●… mass●… frumenti in horrea Domini reponetur . It 's well your conscience can be enlarged in some litle charitie towards any of our Bishops , though we may be iustlie jealous of this kindnesse , & feare ( if we hear'd their names ) it may be placed upon persons inclined to your interest , rather then commended to your good opinion by their merit . But whose'er they be you meane , we know you never prike any in the list of the learned but the best read men in Synopis's and system●… in Common place bookes , and Centurists ▪ orgenerallie in your select Reformed Fathers , whom , in a fallacie , often times you perswade your Disciples to be the more proper men because standing ( you tell them ) upon the shoulders of the ancients , when , if set on even ground , the longest arme they can make in true learning and eloquence , will not reach halfe way up to their girdles . But to proceed in some answer to your quaestion . The Warner therefore speakes to you of ignorance , because your Presbyterie parts with the greatest incentives and encouragements of studie ▪ Therefore of contempt , because it quits those dignities which give praecedence to their persons , and draw reverence to their function ; Therefore of beggerie , because it diverts the Ecclestastical revenue , and makes you but stipendiaries of the people . Of this very conciselie , yet fullie hath his late Majestie admonish'd you Chapt. 17. of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He that surveyes impartiallie the multitude of good Livings and other Clerical praeferments in England which might serve as a supplement to the bad , will finde litle reason for any , none at all for the greatest part of our Priests I meane those that had a title , that were eidicoos cheirotonoumenoi ( as it is Can. 6. Concil . Chalced ) to be begarlie & contemptible for their want , especiallie since those Pluralists , you confesse were scarce one of twentie that lived in splendour at Court ; or were Nonrefidents in the Countrey . Such as were apolelymenoos ordinat , ordained at large , without title to any benefice or cure , the Bishop was charged with them till provided for . And they that complained of their povertie had no cause , there being as you tell us , such plentie in his palace . The ignorance of our Clergie ( which it may be was not incomparable if we bring yours into the light ) was never greater then when Calvin and Knox had some heires and successours that crept into the praelacie , degenerating from the austeritie of their Fathers , who because they lov'd not the office , never mean'd to discharge it . Yet could dispense in their conscience with the title & lawne sleeves into the bargain , that under them they might take the revenues of our Bishops ▪ But when and where we had Austins and Chrisostoms , Lawds and Andrews's never cloud was dispelld with the rising sun , so as ignorance at their asscent in the Episcopate of our Church . And they that heard not of the great studie in th●…se Praelates to remedie the evils , brought in by the other , are such as Zecharie speakes of that imagine evil against their brother their heart , refusing to hearken , and pulling away the shoulder , and stopping the eare that they should not heare , and making their hearts as an adamant that they may not &c. Those some that were most provident , you meane ( I thinke ) most penurious in their families , were those I told you of that made a trade of their 〈◊〉 , and would dispense with any thing among the puritans but their Purses . Such as those 〈◊〉 other that ●… named , as they were a●…ter to r●…ach , so were they know'n to be of 〈◊〉 behaviour and 〈◊〉 to 〈◊〉 , the requisites of a Bishop ●…nd accomplishments of our●… , whose parsimonie or 〈◊〉 for 〈◊〉 〈◊〉 was not that which advanced him a summe to make a purchase . If the sulplusage of his reven●…e could ●…e it in a cheape and plentifull Countrey ▪ I know not who have beter title to 〈◊〉 the●… 〈◊〉 〈◊〉 . Though as I am informed , where I may trust ( 〈◊〉 with a profess'd enmitie against his office , whatsoever reserve of kindnesse was for his person . ) This great 〈◊〉 , you 〈◊〉 , was the recoverie of lands 〈◊〉 taken and 〈◊〉 from the Church , in the 〈◊〉 whereof , ●…t he ●…pared no endeavour , so it should ●…eem he was well rewarded with 〈◊〉 . Allthough prating and praying non sense in the Church may well passe for a paraphrase on that which the preacher 〈◊〉 〈◊〉 of 〈◊〉 . Yet I wish that were the worst which Presbyterie brings when she sets her foot in the House of God , and not another * of bewitching rebells mention'd by Samuel , or treacherous . K. K , which the prophet Habakkuk calls 〈◊〉 〈◊〉 , the 〈◊〉 ●…o the not 〈◊〉 , ●…king men as the 〈◊〉 〈◊〉 , ●…s the 〈◊〉 things that have no 〈…〉 1. Habak . 14. In whose praying or preaching ( whereof doubtlesse we had the quintessence sent us by the Reviewer and his brethren of the mission ) what knowledge there is beside that con●…ing of texts of the Concordance helpt them to ; What 〈◊〉 but of the lips and the lungs , neither mater nor method requiring their studie ; What conference , when no doctrine was proved but by Scripoure wrested , I am sure not to the salvation of the hearer , & I feare to somewhat worse of the speaker , I leave to the testimonie of any knowing , 〈◊〉 , 〈◊〉 person that at any time was there . And for my selfe , that was sometime seting a●…e all 〈◊〉 and pr●…judice , I will in the word of a Priest professe that I found 〈◊〉 . But what else in the place of it is best know'n to God and my conscience , 〈◊〉 ●…etit be to the world to be that which makes me tremble to thinke of their danger that shall adventure their 〈◊〉 in the 〈◊〉 of such hypocrisie and ignorance . To the calumnies which this 〈◊〉 ●…shekal casts on our Church , I answer 1. That a read 〈◊〉 〈◊〉 the exerciz●… of few , and why it may not be of some , aswell as a read chapter & Psalme is of many where the Discipline takes place I know not . Since care is taken that where they 〈◊〉 no necessarie 〈◊〉 is wa●…ting . Since none that are not in orders may reade it the office of prayer in the Congregation being as much a 〈…〉 the ordinance of preaching . Since all that are have thereby no commission to g●… preach in your 〈◊〉 , and why they may not 〈◊〉 〈◊〉 & administer the Sacrements , conferring with and catechizing the ignorant according to their talent I see no reason . Ite & pradicate sending not all the Disciples up into a pulpit to make an houre or two's continued discourse . New had Nations eves been converted , nor Christians improv'd and confirmed , if pradicate had been no otherwise order'd , not one of an hundred having abilities to draw arguments out of sermons convictive of their judgements , not all Presbyterians so good Logicians as to frame them . And he that yeilds himselfe up to be caried with the streame of their words & wind of their fancies , may have as many changes in fayth as their are points different in Christianities compasse , being like a child Clydonicomenos & peripher●… , as St. Paul speakes , tossed to and fro , and caried about ... , by 〈◊〉 ●…right of men .... who are many tha●… 〈◊〉 in wait to deceive him . Secondlie , Your first Reformers made the same use of Readers as we doe of ●…n preaching Ministers , and continued them as long as necessitie required , nor shall we any longer , if you can furnish us with as many learned preachers as we have pulpits , & them with stipends where are not tithes but impropriate proportionable to their abilities and paines . To the Churches where no Ministers can be had praesentlie must be appointed the most apt men that distinctlie can reade the Common prayers and the Scriptures sayth your first Book . Disc. It was the late labour of no 〈◊〉 of ours to disgrace preaching without booke , who ever respected and cherished men whose praesence of minde and memoire served them to deliver gravelie and readilie what they had at leisure deliberated on , and for the true benefit of their hearers digested into the clearest method , and a domed with selected significant language before they came into the pulpit . Those who having taken that paines yet wanted the other abilitie not in their power , or some litle confidence to command it in publike , they were at least to excuse , and condemne such itching eares as would hearken unto no sound doctrine but when taught after their lusts and luxurious desires , more for their pleasure then their use . That they disparaged those of your tribe was no wonder , who like your selfe ( that goe for one of the best ) consulted litle before hand with their bookes or thoughts , onelie whet their tongues like their knives for a meale , with which so they cut out bread for them selves , they car'd not what contemptible fragments they cast among the people . Of their best kinde of speaking We may say as Seneca of one not much unlike it . Haec popularis [ oratio ] nihil habes veri , mouere 〈◊〉 turbam , & 〈◊〉 aures impetu rapere , trac●… s●… non pr●…bet aufertur .... multum habet manitates & v●…ni plus 〈…〉 . It hath a great deale of vanitie and emptinesse in it , more found then substance , you may reade the whole epistle , and learne I 'll warrant you to preach better by it if you afflect it ▪ For praying without booke ( all though without a command it may be indifferent , & you can bring no more for it then for praysing and you sing not all without booke as I remember ) they thought best a conformitie with Catholike Christians , whose liturgies were ever read in their Churches , and that I guesse ( besides some decencie it seemes to carie with it ) because they had great varietie of prayers in the exhibition of which a constant order was to be observed , between and in them some varietie of gesture and ceremonious worship , for direction in which they thought humane infirmitie , subject to mistakes , might have cause some times to consult by a glance the rubrikes every where inserted . As for you that have naught else to doe but to turne over the tip of your tongue what comes next in your head and up the white of your eyes , as if the balls were run in to looke after the extravagant conceptions of your braines a booke 's of no use , though I wish we had one of all the profane and vaine babling amongst you , that we might make such unskillfull workemen ashamed ; and shew our selves approved aswell to the world as to God. The Praelates never cried up our Liturgie as the onelie service of God. Who thinke him serv'd in some other Churches that have it not . Their opinion of it as a most heavenlie and divine piece of writ , doth those holie men that comp●…ld it but the same justice which a beter comparison will then yours of it with the Breviarie and Missal of Rome . Your paines had not been lost in a parallel of it with the solemne services disspersed in many parts of the Bible ; with the Greeke and Latin Liturgies where they are not interlin'd or corrupted with any superstition or idolatrie of Rome . That you have made doth but magnifie her and oblige you , had you any Christian charitie or justice , to thanke God for praeserving so much of his word & worship in her service what the Bishop intends when effected , will warrant our Church , upon your principles , in most parts of her Liturgie ; when shewed consonant to the most publike formes of Protestant Churches , though 't is hard for Fathers to aske advice or borrow authoritie of their children , & for Ancients to heare wherein Iob was mistaken . That with the yong men is wisdome and with the shortnesse of dayes understanding . The King and the many well minded men , I beleeve were never deceived by our Doctours , who I can not thinke ever affirmed they were as much for preaching in their practice and opinion as the Presbyterians . So much as to set aside praying for sermonizing as your ●… . Booke Discipline doth , telling us . That what day the publike sermon is they could neither require nor greatlie approve that the Common prayers be publikelie used . I require the name of any that sayd the life and soul of the Liturgie was preaching , without which it could not be intire in its parts ▪ That he must never goe in and out of the , House of God without ringing his bells ( a fit alussion ) the word of exhortation Interpraetation and praeferring the nams given the Temple by some of the Iewes Domus expositionis , before that by God Domus Orationis . Though it may have been the fruitlesse practice of some , to quit themselves , as they hop'd , of the disreputation you brought them as ignorant and lazic , to preach somewhat more often then formerlie , till they found their ringing the bells was to scare the people from Church , and doubling their paines reform'd not their opinions nor reduc'd them to their duties . They that prayed without booke before and after their sermons came not up to the Presbyterians opinion , that it is a childish thing to doe otherwise . Nor to their practice , To bawlk●… the first and second service of the Church . What they either affirmed or did in this kinde might bemore to shew your grosse dissimulation at all times ; in making if such a difficult businesse to talke then to personate their owne in this of their affliction , which , when you have brought them to the lowest , shall never seduce them so to decline the envie of the people , as by profaning the House of God , sooth them in their errour , styling those divine ordinances which in your maner or frequencie of use ( being both without praecept ) are but humane Canons and Acts , and fo●… most part in the mater consist of strife , scditions , and haeresies , the workes of the flesh , or the Divel that dictates them . So that you may see , if your eyes be not full of somewhat else while you are sporting yourselves with your owne deceivings , their tenet remaines the same that it was , and themselves readie enough in this season , as unfit as you thinke it , to ring as low'd as you will in the ●…ares of the world , That for Divine service in publike , people need no more but the re●…ding of the Liturgie . Which is beter furnish'd with pious petitions , occurring to all visible necessities ( and for others emergent the Church keepes a reserve , and in due time ever affords a recruit ) then any set or extemporarie prayer that er came out of Presbyters mouth . 2. Sermons on weeke dayes ( if not festivals , wheron a commemoration of Saints departed is necessarie for Historical instruction , and for imitation exemplarie ) ma●… belayd aside by Christians that have no more time to spare from their honest callings then they ought to spend in the application and practice of what they heard on the Sunday ; in meditation upon God , his attributes and workes &c in the serious examination of their lives , and very particular scrutinie of their actions , secret , publike , good , bad , indifferent or mixt , in sorting or parselling their sinnes of mission , commission , weaknesse praesumption and in private repenting , weeping , praying , praysing , In conferring closelie with holie men , chieflie their Priest and pastour of their soules , laying open before him their doubts , distractions infirmities & perverse inclinations & Invisiting the sicke , strengthning the weake ; considering the poore and placing charitie with prudence ; condoling with and comforting the afflicted ; Composing controversies , reconciling differences , designing and enterprising Heroicke exploits for the just advancement and honour of the King , and publike advantage of Countrey , Citie or Parish whereof they are Members Finallie , acting all ( of which th●…se are not halfe ) that concernes them in their publike and private capacitie . And when all is done , not before , in what leisure's redundand , let them in Gods name , call for a weeklie or daylie sermon , and ( where the Priest hath discharg'd as much more of his dutie , and findes in himselfe abilities to compose such an one as with confidence or rather conscience he can speake it ) let them have it . 3. That Sundayes afternoon Sermon is well exchanged for catechizing children , instructing them in their principles of Religion and acquainting them with the doctrine and discipline of the Church , to which they ought to adh●…re when they come to their choyce at yeares of discretion which is the custome of some Presbyterian Churches abroad and either hath or should have been tong since of the Scots . 1. Book : Disc : Before 〈◊〉 must the word be preached and Sacraments ministred , and afternoon must the yong children be publikelie examined in their Catechisme in the audience of the people . 4. That on the Sunday before noon sermon is very convenient ( abuses being redressed ) and must be while and where enjoined . Yet in Nations converted to Christianitie by the preaching of the Apostles or Apostolical men ▪ and so fullie confirmed as no reasonable feare may be of their apostacie , since the infallible spirit is not cooperative with all , if with any , and where , as among the Presbyterians , the noxious spirit of delusion in the mouthes of very many preachers , it 's farre from being necessaire to salvation , that care must be had left it bring damnation to the hearers . 5. That where some learned Scholars , or honest industrious Ministers , not at pleasure , but publike appointment , on festivals dayes make a sermon , or have an 〈◊〉 ( for litle difference need be about the name , and ●…t may be 't were beter to have lesse in the thing ) it would b●… 〈◊〉 , not exceeding an houre , according to the C●…rt paterne , which is likelie to be the best in the Kingdome , and for the most part hath come nearest the most approved example of the primitive Fathers , as may be seen by their sermons and homilies that are ex●…tant . And it should seem Presbyterie , aswell as Episcopacie , hath found some inconvenience in Sermons that were longer which produced the 34. Canon in the 〈◊〉 Synod at 〈◊〉 1574. 〈…〉 , since extraordinarie superinfusions were rare , have been 〈◊〉 attributed to such discourses principallie wherein the Canon of Scripture hath been interpreted by no private enthusiasme , ●…o partial addiction to one mans opinion how eminent soever for his gifts or good life , but by the Catholike tradition of the Church , that it the consent of most holie men in it throughout all ages and places as much danger having been from the Iewes ( & may be now from Iudaizing Scots ) by bad glosses , as from haeretical Christians by Rhetorical discourses on Scripture ... ▪ H●…ide ●… 〈…〉 graph●…on ▪ ●…apei 〈…〉 .... 〈◊〉 de p●…ides di●… tes 〈◊〉 cai 〈◊〉 . , .. But what spirit o●… life hath been found in ●…at lectures consisting of noncohaerencies , haesitancie●… , ●…autologies &c ( notwithstanding all the gapings and groanes or other ar●…tifices used to put them off for divine 〈◊〉 and raptures ) let them speake that were aedified , which I was not , I assure you , by What I heard from you and the brethren that brought the Scotish Euangel to us in this Countrey . 7. Though the Canon be●…trict , the practice was not , so much as at Court , for bidding prayer before ( for after Sermon that for Christs holie Catholike Church and the Collects appointed , are not such , if you remember ) some it may be knowing his Majesties minde , which now is published , That he 〈◊〉 〈◊〉 against a 〈◊〉 , ●…odest , 〈◊〉 and 〈◊〉 use of Ministers gifts even in publike .... the bet●…r to fit and 〈◊〉 their 〈◊〉 and the 〈◊〉 〈◊〉 the pr●…sent 〈◊〉 . Those 〈◊〉 t●…ke themselves obliged to keep to the leter of the rule were satisfied as well in the reason as law fullnesse of the command . Being therefore well assured that the Lords prayer i●… , as the Fathers call it , 〈◊〉 〈◊〉 , a complete prayer comprehending the summe of what petitions soever were 〈◊〉 to be praesented to the Father , ( which none knew beter then the Sonne ) That the people might be inform'd what at such a time they are to a●…ke , and what , asking in fayth , they might hope to receive , the Minister commands them in the name of that particular Church ●…o which they are to submit in all publike duties or so renounce her 〈◊〉 , to pray for her after 〈◊〉 Catholike Church , for the King and his Royal families His Councel , all inferiour Magistrates &c. And because after the Litanie and so many several prayers relating differentlie to those particulars he mentions , it is neither necessarie , nor convenient at all , to doubte the time in repeting or 〈◊〉 the ●…ormes ●… he calls upon them to joine with him in that 〈◊〉 prayer which very 〈◊〉 〈◊〉 all can be asked , saying 〈◊〉 Father &c. But as touching the Church ; limitation of us to the Pater noster before , & her approving the Gloria patri &c after the sermon , I see no more in it , then in the 33. Canon of that Councel of Dort which I even now mentioned Praying for the welfare of soule●… departed ( a controversie yet depending between Protestants and Papists ) hath ever impudentlie and falselie been attributed to that Canon on purpose to delude poor people so rashlie opinionated of their Presbyters that told them so , as they thought it derogatorie to their credit to search the truth : Or so grosselie ignorant as unable to distinguish between praying God for the welfare of , and pra●…sing him for the exemplarie lives of and the heavenlie reward conferr'd on the soules of the Saints departed . Wherein nothing need be argued when those of a seeptical conscience will not be convinc'd , and those that are praejudic'd will not be reform'd , & to such no more is to be sayd , but si decipi volunt decipiantur . For private prayer , if personal , the Praelates never hitherto praescribed any forme , leaving people to themselves who are private to their owne wants , and to the direction , not injunction , of their Priest. But if congregational , though but in Parlour or Closet , no colour can be brought why an house should confute a Cathedral , or extemporarie non sense take place of the ancient and well advised prayers of Holie Church . You can not be more loth to confesse then I am hard to beleeve that you ever were guiltie of more conformitie to ancient Christians in your publike worship then opinions ; Yet when I consider what establishment our Religion received in Queen Elizabeths reigne , & what advancement your schisme unhapilie had by her misse placed assistance , I can not satisfie my selfe how in policie or conscience a Princesse so fam'd for devotion and wisdome could professe and prosecute such seeming contradictions , and without some humane assurance of your conjunction with her so liberallie contribute toward your praetended reformation to the utter demolition of her owne . Therefore upon good enquirie , I am faine to lay my diffidence aside , and have where withall to confirme the Warner in his beleefe , discovering first your negative Remonstrances and ren●…nciations of Rome coincident with ( though more violent and particular then ) ours ; Your superintendents aequivalent to our Bishops ; And which as all in all , upon Buchanans record , your subscription to a communitie with us aswell in Ecclesiastike as Civile affaires . This your Maintainer of the Sanctuarie tells us was done in the yeare 1560. in the infancie , or before it rather , in the first conception of your Discipline . Yea , two yeares before that , not long after your Lords and Barons professing Christ Iesus had subscribed your first Covenant in Scotland , they convene in Counsel , conclude on several heads whereof this is the first . It is thought expedient , advised and ordained , That in all parishes of this Realme the Common prayer be read wecklie on Sunday , and other Festival dayes publikelie in the parish Churches &c. In the first oration & petition of the Protestants of Scotland to their Queen Regent this was the first demand .... That they might meet publikelie or privatelie to their Common prayers in their vulgar tongue . And that this may not be set to the account of your Temporal Lords , or some imperfect Members of your Clergie , because I. Knox your Holie head was at this time disjointed from that sanctified bodie , the same care is afterward taken for Kirkes in your booke of Discipline it selfe without any intimation of your purpose to tolerate it onelie for helpe and direction , being a forme praescribed , as liable to the peoples superstition as ours , otherwise then as you approved the omission of it on publike sermon dayes . And your Maintainer sayth , without doubt it was the very booke of England . Your Church having none of her owne a long time . I would not have you mistaken , no more then you would have the Bishop , whom you so carefullie informe ( I feare against your conscience ) as if I imputed this to you for any more then a politike compliance , to effect your owne ends by Q. Elizabeths armes , which being in a good part accomplished you altered your Liturgie both in substance and use , changed our prayers for worse , and those you neither injoined by law , nor supported by the generalitie of your practice . Thus from petitioning for Common prayer to your Queen you came about at length to condemning it among your selves . This for the Historie of your hypocritical conformitie with us to worke your owne designe , and inexcusable defection from us when that was done . Touching your feigned approbation of set formes for rules , and for use in beginners , I am to aske you 1. What institutions their can be for improvement of supernatural gifts . What formes for progresse in extraordinarie graces 2. If there be such why they serve not a●…well for the benefit of tongues as utterance , and whether the Apostles before the day of pentecost had any praeparative to that descent of the spirit upon them , if they had not ( the difference of persons not diversifying the donation where or to whomsoever God intends it ) why we are to looke about for helpes unto this purpose ? 3. Whether this sword of the spirit can not aswell cut the tongue as pierce the heart ? Whether God can not without helpes aswell indire words as mater , and make the tongue become the pen of a readie writer . That your set formes were published onelie for Ministers that are beginners thereby endeavouring to attaine a readinesse to pray in their familie , not in the Church . I take for an evasion scarce thought upon before now . The gift of prayer which you take gratis without a proofe , I can afford you to be ordinarilie no other then the forme which Christ bestowed upon his disciples . The use of that hath ever hitherto been continued by their successours in the frequent repetition of the words , and analogie of all their enlargements unto the sense . The greatest comfort that can be had by this is in a cheerfull submission to the judgement of that Church in whose communion I adventure my salvation , & the greatest libertie in the exercise of her words ; which in Christian humilitie and common reason I am to conceive more apposite then mine owne . Herein I rest the beter satisfied , when I see my common adversaries in this dutie so to fluctuate in their senses , and like raging waves in a conspiracie to shipwrake others , breaking mutuallie themselves by the uncertaine violence of their motion , and so in the end forming out nothing 〈◊〉 their shame . Master Baylie renouncing aswell formes composed by themselves , as praescribed by others . Master Knox praescribing such a s●… prayer unto himselfe , and so praemeditating the words he was to speake , that when quaestioned he could repeat what er he say'd . Their brethren abroad sometime strictlie enjoining a forme compiled by others Omn●…s Ministri 〈◊〉 formam publicam in Ecclesi●… precandi ●…bunt .... ideoq●… alia forma brevi●…r post concionem recitanda composita est . At other times leaving their Ministers to a libertie of a set prayer composed by themselves , or one depending on the dictate of the spirit ▪ Minister preces vel dictante spirit●… , v●… certa sibi proposita formul●… con●…ipies The 4. wrong●… that are pr●…tended from our Liturgie to redound upon A Giver , A Receiver , A Gift , and A Church , being Relatives in this businesse are inseparable by nature , and must fall to ground with the falsitie of the supposition upon which they hang : But what injuries are multiplied upon all by the extemporarie license of Presbyters in their prayers . Our Blessed Soveraigne . K. Ch. 1. hath enumerated , the affectation , emptinesse , impertinence , rudenesse , confusions , ●…latnesse , 〈…〉 and ridiculo●… repetitions , the se●…clesse and oft times blasphe●…us expressio●… , all these 〈◊〉 with a most taedious and intolerable length .... Wherein men must be strangelie impudent and flaterers of themselves , not to have an infinite shame of what they so doe and say , in things of so sacred a nature before God and the Church , after so ridiculous & ind●…d p●…fane a maner . Nec potest tibi ( 't is Master Baylie I meane , who hath been guiltie of most in my hearing ) ist●… res 〈◊〉 〈◊〉 quam si te p●…dere desieri●… : perfrices frontem oportet , & ipse 〈◊〉 non audia●… . But I referre him to the rest of what K. Ch. 1. Brieflie but solidelie hath writ , and what more at large Master Hooker , to whom I may challenge all the Scotish Presbyterie for an answer . So great a cloud of witnesses encompassing the Scotish Presbyterie , and giving in evidence against her as the mother of mischief too many yeares in three Kingdomes , your arme is too weake to lay aside the ●…eight of those wicked actions that must be charged on her backe , and the sinne of sacriledge Royal that so 〈◊〉 besets her . The Parliament of Scotland , sure aequivocates in denying that they have stripped the King of his just rights ( I speake to His Majestie now reigning His Father having unanswerablie argued for himselfe ) because they never hitherto acknowledged him invested with any but the name , to which bare inheritance they knew him borne without the charitie of their breath , & which he must have had without their sounding trumpet , proclaiming this for their almes as hypocrites in their markets . But to come close to you . This Parliament of Scotland , had it been such , as it was not , upon the murder of the Father ought to have been stripped of all it selfe , then no just rights , ( no more but such as a deadman hath to his robes ) and being a breathlesse carkasse could require nothing at the hands of the Sonne . The courses to which he was stirred up and keeped on , out of natural dutie , by no factious advice , were ( howsoever they succeded ) praeservative of his Fathers and himselfe , and destructive to no people but the workers of iniquitie that with their owne hands plucked downe miserie upon their heads . The bloudshed brings bloud guiltinesse upon them that first opened the veine , from which he had no need to be purged with hysope that was cleane , nor washed , whose conscience , in that particular , was whiter then the snow . Yet being by your scarl●…t Parliament imputed to him , ( whose impure eyes can behold nothing but iniquitie in others , and whose wicked mouthes are wide open to devoure the man that is more righteous then themselves ) the satisfaction they required could be in order to no exercise of his Royal government , nor dare they take any by the rules of your Discipline , which must have bloud for bloud , but a slavish subjection of his li●…e and crowne to sentence without mercie , which had been , though fewer in number , yet as full in your meaning , and as effectual aequitable , demands . Allthough this be a replie unanswerable to your praetense . Yet I must not leave you without discovering your dimin●…tive forgerie in Parliament Proclamations , putting parts of his Royal Government where they the whole without exception . His 〈◊〉 portract & seale being not his , when new stampt , and set to publike writings by your hands then in actual rebellion against his person . The securitie to your Religion and Liberties required , were first enacted for an aequitable demand onelie by a Convention of Rebells at Edenburgh 1567. who had been partlie solicited , partlie scared into a dubious consent with , and by a Traiterous Assemblie , ( who had in vaine posted away foure Caitiffe-Cursitours , miscalled Commissioners , to the more loyal Lords delared for the Hamiltons , as likewise to the Neuters , to depose their Queen , and clog their future Princes's succession with this impious condition . That all Princes and Kings hereafter in this Realme , before their Coronation shall take oath to maintaine the true Religion now professed in the Church of Scotland , and suppresse all things ( even their soules & consciences ) contrarie to it , and that are not agreeing with it . This I take to be the fundamental law your Proclamation reflects upon , foralas the other foundation of your solemne league and covenant lies not fathom deep , a stripling of twelves yeares old can reach to the botom ; and evert , both , when he calls for that invisible law of God , which approves much lesse enjoines this praerequiring satisfaction from a King , For it is not Maitlands idle concession to Buchanan in his cursed dialogue upon Homers authoritie , That there was a time when men liv'd lawlesse in Cottages and caves , and at length by consent tooke a justifiable course of creating a King unto themselves that will reduce Royaltie to popular restrictions . Such stuffe as this may be put off among Pagans that will hearken to the fable of Cadmus , & be wonne into a beliefe that the serpents teeth were sowed in so good a soile as that they all sprung up proper men of whose race we might have had some at this day , if they had betoke themselves to the election of a King , when for want of one they fell to civile dissensions & destruction of themselves . I demand as a Christian , and as much might a Iew ▪ Who was the first King ! Whether he was not instituted by God ? Whether not with a decree touching primogeniture in the right of succession , by the first borne to propagate his authoritie and office ? Whether any people in the world , more or lesse in a bodie lawfullie assembled , have been at a losse for a King to command them ? & what law beside that of nature which if such as Saint Paul describes it , is somewhat hard to distinguish from an original law of God , ( and yet shall be sequester'd from our praesent dispute ) constituted them in a full capacitie to chuse one ? Who ? When ? Where ? Open Buchanans packe , as big as it is , begirt with no lesse then the cingle of the world , and with out Ambiguons peradventures , or affirmations involv'd in quaestionable circumstances , lay me out one cleare instance to this purpose and when you have , purchase a parallel among your selves . Transmigration of Nations , Navigations of discoverie , design'd or contingent , New plantations upon necessitie or pleasure , Spontaneous secessions , though by supreme authoritie approved ; Relegations and exiles , Extinctions of lines . Finallie whatsoever to be thought on that can separate a medley of men from a setled societe , or make an Anarchie among People , will when all are combin'd , I beleeve , litle disorder me in my hold . So that to use the words of that valiant General , or take the Kings from his mouth . You declared him to be your King , but with such conditions and provisos's as robbed him of all right and power . For while you praetend to give him a litle , which he must ac●…ept of as from you , you spoile him of all that power and authoritie which the law of God , of Nature , and of the Land hath invested him with by so long continued descent from his famous praedecessours . For the nature of your demand , the abolition of Episcopacie , which you confesse to be a great one ( so great indeed as not to be granted but with a devastation of his conscience ) the Praelates were very unworthie of their miters , if they pressed not his Majestie ( were it necessarie where is so free an inclination ) to denie you , though they know well enough , were your great demand yeilded , you have one no lesse behind , securitie of liberties , and when both were had ( which God forbid they ever should be ) your crueltie and guilt would admit of no lesse after-satisfaction from him for England , then from his Father for Scotland , nor your raging Devill be otherwise satiated then with his bloud . Therefore the advantage you take of his denial ( though you confesse upon other mens importunate instance ) makes your Praedestinarian Godships no lesse peremptorie in the immutabilitie of your decree , to forme Commonwealths of Kingdomes , and according to you Divinitie the meanes being as unalterablie destin'd as the end , you resolve what you can ( and doe well to tell us so ) that he and all his familie shall perish . — Levia sed nimium queror Coelo timendum est , regna ne summa occupet Qui vicit ima ...... For you that thus capitulate with Kings , have nothing next to doe but to article with God. Presbyterie admitting no Rival Regent , much lesse any superiour , will make way to its solitarie supremacie by ruine . I ter ruina quaeret , & vacuo voles Regnare mundo . — Your patient surplicates were your Hage papers , which most inquisitive men have heard or seen before this time . Wherein you tell His Majestie his denial will constraine your people ... to doe what is incumbent unto them , we know what you meane , that fatal word being scarce to be met with but having Rebellion and Murder at its heeles . Your Euangelist of the Covenant did not cant it to his Father , but sayd plainlie Reformation may be ( though he wish'd it not ) left to the multitude whom God stirreth up [ to kill and slay without quaestion ] when Princis are negligent , as they are when they yeild not their aequitable demand●… , grant their patient supplicates , lay their heads on the blocke , and ( not doe but ) suffer as they would have them . L●…sa patientia fit furor , Even in such meeke men as you , patience upon denial can become furre and supplicates after some continuances commands .. And then he may have an offer of his or their Kingdome , as you thinke fiter to style it , but it must be with a resignation of his crowne , their Lives and estates shall be Oretenus for his service , when aurium tenus they are up to the eares in a good bargaine , taking money with one hand , and delivering him up with the other ; which is the issue to be expected upon the grant , and nothing worse can be feared ( nor that if well thought on ) from the denial of your demands . Therefore , to conclude , no miserie of King nor people should be so impolitikelie declin'd as to be desperatelie embraced . And till the essentials of Scotish Presbyterie be changed , which are undisputablie destructive to all Monarchs that come among them , true Praelatical hearts can not be trulie considerate or loyal , if they be not obstinate in this perswasion and beleefe . The place cited , to which you send us for a view of your tender care in providing the parents consent to the mariage of their children , gives us a full prospect of your tyrannie over Nature , whose throne is usurped , whose praerogative trampled downe , and her Paternal Princes enthralled to the dominion of your spirit . For your publike inhibition of private mariages there mentioned , is not so much to carie the streame of childrens obedience to their Parents and Curatours , as to make sure that the water goe not by your mill , that due homage be payd to the consistorian powers that are above them . Therefore in some cases ( and we know no●… which you except ) 't is sayd . The Minister or Magistrate to whom , ( though not you , your Discipline gives the pr●…cedence and praedominance ) may enter in the place of parents .... may admit them to mariage . For the worke of God ought not to be hindred &c. This worke of God is there called the touch of the heart with desire of mariage , As if all hearts so touched had Gods hand layd upon them , and the Scotsh climate were so cold as all natural or carnal inclinations were frozen untill fire came downe from heaven to dissolve them . As if then , good soules , they were melted in a minute , and had outrun the bounds of all selfe moderation , all rational perswasion , all love martyrdom in a passive submission to the just rigour or unjust wilfullnesse of cruel parents contradicting their sodaine affections and amourous violence , For if these Flames warme by degrees at a distance ( and some danger drawes on of being scorch'd without screening ) their du●…ie should prompt them to withdraw in due season , and repraesent to their parents the first sense they finde of that heate , the increase of content or comfort they take in it , and with ▪ their approbation farther cherish these desires , or upon their dislike in gratitude and justice to their sufferance of many infant troubles , & elder petulancies , endure a litle hardship for their pleasures . For to change the allegorie , if children first set saile of themselves , & then call to their parents at shoare for leave to take shiping , this mocke respect would rellish more of scorne then good nature or dutie . And as well may they bid adieu to relations , as when before a strong ▪ gale of winde looke for a nod or waving hand to incourage that course wherein they themselves are steering , and necessitie carying then not to be resisted . Yet no other is that honour which your Discipline sayth they are bound to give to their parents , the parts whereof you make these . To open their affection . To aske their counsel and assistance how that motion .... may be performed , it speakes not of asking pardon for entertaning it before approved . † You know the Civile and Canon law are divided , that standing much upon the necessitie , this onelie on the decencie or honestie of having the parents consent . A friend of yours , that îs hugg'd for his paines in opposing our Church , presseth hard the coincidence of the former with the determination in Scripture , and objects her concurrent practice with the later To tell you how * Bucer playes the strict Civilian in this businesse , whose authoritie is very oracular when for you , would it may be render him but a private opiniatour now against you . And as litle might it availe to produce the Acts of your Brethren in Holland , who seem to declare for a necessitie in their provincial Synod . Nemo proclamabitur de contrahendo nisi prius attulerit testimonium de consensu parentum , No more then a convenience in their National , and that determinable by their Presbyterie when controverted .... Siquis autem irrationabiliter in his c●…s & refractarie se gesscrit , sic quod nullo modo velle●… consentire .... presbyterium constituit quid in talibus casibus sit faciendum . In this division you doe well to quit your selve of all wonted interest , and appeale even from Scripture it selfe to the Tribunal of reason and aequitie . Where yet you will scarce get your hearing before you prove that the authoritie of Parents is to be restrained by the many times unreasonable ( though lawfull and honest ▪ ) desires or motions in their children . As if a Kings daughter should be taken with a beggar borne under an hedge ▪ With which instance your Presbytrie is scarce to be trusted , who it may be , are readie enough to justifie the match by the eminencie of his vertues , to which they may beter dispose daughters then distribute crownes , saying Regna virtuti , non generi deberi . Epictetus that was a very good Master of his reason , gave this general rule unto his disciples ▪ That all obligatorie offices are measured by the relative habits of the persons . He begins with the Father as most absolute in his power , all whose injunctions and actions are to have an active or passive obedience from his children . Pater estin ; hypagorenetai epim●…leisthai , para●…horein hapantoon , anechesthai laidorountos , paientos If you talke to him , as Bishop , to the of a cruel parent , a●…using his antgoritie &c. He will tell you Nature hath not tied you to a good father , but a father , & your dutie must bepayd him in his natural capacitie , not moral ●…ete ●…un pros agathon patera phys●…i ok●…iothes , alia pros patera . There is indeed somewhat in humanitie it selfe , which may be call'd the office of a father to his sonne . To moderate sometimes his autocratical power by affection , & run his iron heart into the same molds with the softer metall of his childrens at least not t●… make it the hammer and anvil whereby to fashion youth to the humourous morose severitie of age . It was upon some such advantage that Pamphilus argued in the Comoedie . Hoccine est huma●…m factum aut incoeptum ? Hoccine officium Patris ? .... Pro Deum atquchomi●…m , quid est , si non haec contumelia est ? Vxorem decreverat dare sese mihi ho●…ie , nonne oportuit praescisse me ante ? nonne prius communicatum oportuit . Yet afterward Simo contrapones his improper choyce of a match misbeseeming him , against custome , law , and his dutie as a sonne . Adeon impotenti esse anime ut praeter civium Morem atque legem , & sui voluntatem patris . Tamen hanc habere cupiat cum summo probro ? In fine Pamphilus convinc'd in likelihood by his reason , made a filial exemplarie submission in our Case . Ego me amare hanc fateor , si id peccare est , fateor id quoque . Tibi Pater me dedo , quidvis oneris impone , impera . Vis me uxorem ducere ? hanc amittere ? ut potero seram . Yet among Christians , when such submission's not found from a frenzie of love which will take no advice from Nature or Reason , I confesse the Magistrates and Ministers shall doe an act of charitie in their mediation with his father by complying with to cure him of his madnesse , and restore him to his senses . But when their Discipline makes it an act of power and jurisdiction , and that as much , if not more , concerning the Minister as Magistrate , I take it to be very emptie of oequitie , as full as the Reviewer thinkes it , and see not where , after the Scotish mode , any Church or State doth practize or approve it . In the behalfe of them that doe , he is to repaire the breach of the 5. Commandement by the disobedient child , or shew us where in this particular it was dispens'd with . In case of sinne I confesse a just apologie may be made . As if the Father would admit of none but an incestuous marriage , or , to save his estate , with one in open rebellion against the King ; The child must not obey , nor yet is bound where is feare of incontinencie , to live single . The supreme Magistrate ought here to take the place , & doe the office of the parent . And the Minister must execute all lawfull commands of this Kind in his function . But if the case be so rare of the childs complaint , and not heard of in an age , the Dawbers of the Discipline might have saved this patch ; and need not have found their fingars with such untemper'd stuffe , as ha●…ng neither Scripture nor reason in its mixture , was never intended to cement any building of Gods , not the corrupt affections of willfull children to be called his worke . Yet that the Reader may neither be unsatisfied nor del●…ded ( as he will be very often if he observes not your fraud in mistating the case ) I must admonish him that the Bishop's may be frequent though yours be 〈◊〉 . His Lordship objecting your admission to mariage the parent gai●…standing . And you reponing an authoritative Sentence so enforce consent . His additions about compelling the parents to give portions was fastned upon your practice not your canon . Your railing accusation , an impudentlie which Michael would not being when disputing with the Devil , will ●… litle grace , as strengthen , your controversie with a better Angel of the Church In such maters of fact truth can be justified no otherwise then upon enquirie , whereby will best be discovered her faythfull witnesse ; and the false one too that will utter lies . Yet in the place alledged your cano●… ordering out of the text , without quaestion a dowrie to a daughter that is destoured , he that at a distance hath any good opinion of your conscience will praesume your care can be in justice no lesse of her who you say , hath committed no such ●…shinesse before , but kept the Virgin ▪ 〈◊〉 at that commends her to your super ▪ paternal powers to be made a bride . The passage against sparing of the life of 〈◊〉 ( which you here substitute in the roome of a beter answer to the other ) is not so consonant to the law of God , a●… dissonant from the milder Gospell of Christ , who neither as King commanded stones to be c●…st at the poenitent brought before him not as Priest retracted by exco●…unication his signal mercie shewed in her dismission . A Presbyter may have a thorne in the flesh as well as a Praelate , allthough for want of Saint Paule spirit he will abate no measure of his pride in ●…oclations ▪ And if he take it out to no-better purpose then to thrust it in other mens sides ▪ ( if he looke not to it ) will pric●…e his owne fingar , in his hast . The falselie praetentled 〈◊〉 〈◊〉 and lovers of so severe discipline make it as litle consistent with Christian libertie 〈◊〉 & 〈◊〉 〈◊〉 , to discipline their bodies and subdue them by Apostolical correction ▪ as to subject their spirits , according to Apostolical doctrine , to just powers ordained by God , And a peice of tyrannie they count it to chasten and mortifie ( which by p●…aecedent they 〈◊〉 into reproofe ) ever since David did it that was a King. For want of which ( whatsoever they fancie of I know not whose biting and spurning ) the Presbyterian Iesuruns have kick'd as much as before , nor since this great severitie was threatned , could they have the face to expunge the clause that by their owne confession occasion'd it , & still stands thus in their booke .. Whoredome , fornication , adulterie are sinnet most common in this realme . The Bishops warrants for elandestine marriages were not without this particular caution against spoiling parents of their deare children . Quod parentum , modo sint in vivis , vel alias Tutorum sive gubernatorum suorum expressum consensum in hac parte obtinuerint . And how abundantlie otherwise was provided let your brother Didoclave beare witnesse . If their mercinarie officers prostituted to their profit this indulgence granted upon very good reasons to noble personages , whose praecontracts , or impediments if any , were not very likelie , and it may be not so fiting to be discovered , upon publishing their bannes ) this can fairlie be charged neither upon the Bishops order , nor their persons , unlesse you would have them ubiquitarie in their Courts , & omni-praescient in the actions of their instruments . Their after-dispensations with marriages without warrant I hope are not culpable , except you would drive them to a necessitie of divorce . Among them whom you call brethren heretofore those of Middleburgh did invalidate all private marriage . About which their adversaries , though consenting in the substance , call upon them for a text of Scripture , which I never heard was hitherto produced . If he that fixeth his eyes upon the sunne , till the strength of the beames and luster put them out , should declare before the witnesses of his misfortune that he never saw the least glimpse or brightnesse of that luminarie , he were more to be credited then Master Baylie in his grosse selfe-confounding denial , that ever any such mater was attempted in Scotland as drawing civile causes upon praetense of Scandal unto a Synod of Presbyters , or that he ever heard alledged by their adversaries their impeding or repealing any civile proceedings . Whereas the first hath been proved allreadie by the Bishop out of the very words in their discipline ; And the two other objected in numerous instances by most , if not all the adversaries that have published any thing against them . By Arch-Bishop Spotswood in the different cases of the Bishops Montgomerie and Adamson , A Melvin , Blacke , the spanish Merchants &c. So that in general he is faine , to alledge against them in this language .... Ministrorum eo crevit insolentia , ut non contenti sua functione , lites & reos omnes ( what and who is here excepted ? ) ad suum tribunal revocare niterentur , concilii publici ( which is more then the meanest civile Court ) placita rescindere , Ordinum decretis ( which riseth high 〈◊〉 aed sioma●…um non facerent intercedere , &c. Which is worse then Synodical impeding or repeating , populum ●…nem contra hostem in armis parat●… esse jubere . And which includeth all in all . Nihil denique erat quod istos fam severos censores effugeret . The Answerer by leter ... How inconsistent Presb. Government is with Monarchie objectts their interposing in a case of debt between J. T. and P. T , determined by the Lords of Session ▪ Their discharging Munday mercates against leters Patents under the Great Seale , professeth that like infinite instances might be produced , and one more of them he brings with the several circumstances about a decree and judgement obtined by Master Iohn Grahum . In general your judicial Vsurpations are censur'd by the Authour of Episcopacie and Presbyterie considered . Whereof he brings no particulars because he sayth nobodie can be ignorant that hath look'd into the knowen stories of this last age . Somewhat to this purpose is in him that writ the Trojan Horse ... unbowelled . K. Iames's Declaration against you in the case of the Aberdene Ministers is in print . Beside many other of this nature that I have not seen , or doe not thinke on . Where Master Baylie hath slept out all this noyse , J can not guesse , if above ground . So that a lasse the Curtisan Bishops may passe away unquaestion'd with a few innocent prohibitions in their pockets , when the Traverse is draw'n and the Palliard Presbyters discovered in multitudes at the businesse , heaping up such loades of repeales and protestations , as crush all iniquitie into scandal , & make Civile Courts , Parliaments Councel and King responsable for their sentences to the Synods . The next injurie against Masters and Mistresses of families as it stands in your discipline ( not as you subtilie , yet vainlie , advantage it ) is criminal , at least so farre as it is a transgression of Saint Pauls rule , which requires all things to be done euschemonoos & cata taxin , decentlie and in order , 1. Cor. 14. 50. Whereas for them to be brought to such a publike account , who at all other times , without personal exception , are constituted instructours of their children and servants , is not eushemonoot ; it caries litle decencie with it , it too much discountenanceth their authoritie , it levels their natural and politike Dominion for the time , nor have those different lines as they are draw'n in your Discipline , such a just symmetrie , as to produce an handsome feature of one person . It is not cata taxin , take it in what sense you will , no man will say there is a due order observed , nor any such praescription in Christs Holy Catholike Church . The same Apostle that gave particular directions in the case made no canon for this . An antecedent examination he appointed , but the Ancients interpret it more of the will and affection then the understanding & mind . Or if he meant it of both , he made every man judge of himselfe ( as you doe when he is praesent at the ministration of baptisme ) that had before renderd a reason of his fayth to the Church , neither Presbyter and inquisitour of course nor parishoner a witnesse of his unworthinesse and ignorance Ourh heteros ton hetecon ... all autos heauton sayth Oecumenius which put Cajetan upon the thought that confession was not at this time required , for which he is taken up by Catharinus . And Chrysostom referres us to a text in St. Pauls second epistle which tells us what discoverie may put the examination to an end . Examine your selves whether ye be in the fayth . Omnem prolationem quaerendi & inveniendi credendo fi●…isti hunc tibi modum statuit fructus ipse quaerendi , is intended , I beleeve , as a glosse upon it by Tertullian . So that the knowledge how to pray was no praerequisite of St. Pauls . Nor can we heare from him that the ignorance of other your disciplinarian articles exclude a man more from the Sacrament of the Lords supper then from the communion of Saints & Christianitie he professeth in his Creed . Beside 't is easie to conceive what discouragement it brings upon such good Christians as hunger and thirst after this spiritual nourishment of their soules , and how much it derogates from that reverence Antiquitie render'd to this Sacrament and the high degree of necessitie they held often to participate hereof by such clauses as this . All Ministers must be admonished to be more carefull to instruct the ignorant then readie to serve their appetite , and to use more sharpe examination then indulgence in admitting &c. Which hath a different sound from the earnest crie of the Euangelical Prophet Isai 55. 1. and the free invitation made by the High Priest of our profession in the Gospell S. Luk. ●…4 you accounting profanelie the losse hereof no more then the misse of a meale , and the disappointment no other then depriving an hungrie appetite of a diner . Our Fathers of old were otherwise minded , and excommunicated those that were peevishlie averse , not those that ( being engag'd in no penance ) humblie desir'd the benefit hereof . Apostrephomenous tea metalephin tes cucharistias cata fina ataxian toutous apobletons ginesthaites ecclesias . was part of a canon at the Councel of Antioch A. 341. I could adde , That you declare not what may passe among you in the Master and Mistresses answers for the summe of the law , what for the knowledge wherein their righteousnesse stands . without which you say they ought not to be admitted . So that the sharpnesse of your examen and acceptance of their answer being arbitrarie , much roome is left for private spleen , antipathie and passion no justifiable causes of separation from this communitie of Christians , and therefore made the ground of enquirie and cognizance in every halfe yeares Synod by the Nicene Father , that such partialitie might not be tolerated in the Bishops , But whereas you excommunicate the parent and Masters for negligence when their children and servants are suffered to continue in wilfull ignorance . Why not aswell the God Fathers and Pastours whose subsidiarie care should not onelie ▪ be restaurative but praeventive ? Why not such aged women as are not teachers of good things , That the yong women be sober , love their husbands and children &c. Tit. 2 , 3 ? Why not all those in whom the word of Christ should dwell richlie in all wisdome , and they teach and admonish one another Col. 3. 16. Which being a like duties of the Text alike require your inspection , nor doth i●… appeare any more that you are left to a libertie of discrimination in your censure , then that for any of these defaults you may exercise it at all . Your familie visitations , if sincerelie intended for the inspection of maners and conversations is commendable , if done with the spirit of discretion , moderation & meeknesse . When this was practiz'd by the most conscientious Priests of the Episcopal partie ( your knowledge whereof to denie by oath would looke litle beter then perjurie ) it was calumniated by many of your brood for gadding and gossiping , defam'd by some for more sinfull conversing . And when the generalitie of them ( the Episcopal Clergie ) remitted the frequencie of preaching , the studie for which they found inconsistent with this more necessarie more beneficial catechizing the people , it was nicknam'd suppressing the word . And when at such times as the sacramental solemnities they entred into any private spiritual communication ( though advised by the Church ) they were put to purge themselves from the imputation of Poperie in practizing auricular confession and injunction of penance . Your order and practice is to keep off from the holie Table not such onelie as conjunctive are grosselie and willfullie , but divisivé ( intoo strict ā sense ) grosselie or willfullie ignorant . Touching which allthough their negligence is inexcusable , and their dulnesse pitiable , yet that your act of cruel jurisdiction is justified by no divine command nor Catholike example . If never any for simple ignorance were excommunicated in Scotland . You must be rebuk'd for transgressing your rule and failing in your dutie as your Kirke pleaseth thus to declare it . In sufferable we judge it that men be permitted to live and continue in ignorance as Members of the Kirke . Whether greater tyrannie were exerciz'd in the High Commission Courts or your Consistories , your aequitable comparers by this time , are not to seeke . What excesse on your side hath been evidenc'd is here resumed onelie to aggravate your floud of boundlesse crueltie by the many heads from which it issues , and the cataracts it powres upon the poor people in every parish . The Bishops playd indeed the R●…x in that their Court , because they acted in it by authoritie and deputation from the King. But you and your Brethren playd the Rebells to the purpose , when you first rioted , then rebell'd and covenanted before , er you supplicated to suppresse it . K. Ch. 1. by his grace and too fluent charitie praevented the violence intended by your Parliament , though he found no thankes nor yet acceptance at your hands His proclamation being rudelie encountred with a rebellious protestation read by Iohnston . The King & Anticlerical Parliament in England that alasse joind hands in a maner , yet scarce agreed , to throw downe the other about their eares ( without which the Praelates had no power , lesse then no reason ( if it might be ) to let it fall ) have not onelie covered the poor Bishops with the ruine of that Court , but since hands and hearts were divided , the laborious Lords and Commons , without him , have pull'd the Fabrike of both Houses , and of Monarchie upon themselves . The Congregational Eldership , a thing wheresoever more to be jeerd at and lesse endured then a Commission , is enjoy'd with so much more comfort among other of the Reformed then in Scotland , as we are eye witnesses of lesse authoritie & rigour in it . And while I am writing this Replie one of the Reformed Presbyters , your Countreyman ingenuouslie confesseth to me that he thinkes in his conscience the praesent Kirke tyrannie in Scotland ( he speakes it indeed rather of the practice then rule ) is farre beyond what ever could be alledged against our Bishops , or the Pope . And that if he & others of his minde tooke the constitution of that government every where to be the same as it is executed in Scotland they would not continue a day longer in that communion . The lawes of these Scotish Elderships taken out of Holie scripture can not be very particular in many cases . Their Acts of superiour judicatories doe not , can not , so specifie interpretative Scandals , nor in all occurring possibilities proportion corporal punishments , or pecuniarie mulcts , in the arbitrement of which lies the tyrannie of this petie Aristocratie , and most ridiculouslie many times used in cutting halfe the haire , shaving beards &c. as before now hath been objected by others that having I beleeve seen it , better know it . In the abuses by such censures , and difficultie of some cases , when appeale is made to a Synod , the Bishop tells you ( which you observe not ) that the shortnesse of its continuance can afford , the condition of the persons will afford litle reliefe . Your dozen of the most able pious plowmen in many parishes , with an unexperienc'd illiterate Pastour praesiding in their Councel are no very reverend Iudges in many cases . And what pitifull creatures they must be of necessitie in some places may be guessed untill this quaestion be answer'd which is sent you from another Countreyman of yours an honest able Divine . Whether you have not heard of Countrey Churches in Scotland , especiallie amongst the Saints of Argile , where not three , hapilie not one in the whole parish could reade . Amphictyonum consessus . A very honourable bench . A Senate that no doubt would strike greater amazement ( but upon other reasons ) then the Romane if any foraigner should behold them . In that you say the Episcopal way is to have no discipline at all in any congregation , you are somewhat more hard hearted then your brethren , Who acknowledge some of the functional rubbish of your Temple building , Elders and Deacons , upon the shoulders of our Church wardens , Sidemen and Collectours , part of whose charge is to observe maners , inquire out il●… livers , admonish the scandalous , and praesent them to the ordinarie . To direct them in this dutie the Bishops articles are disspersed , and an Audit held of their account at every visitation . The officials pleasure regulates not their information , which is to be as impartial as an oath can make it . His conscience commonlie is not to large , though his learning and wisdome be of greater extension then the Elders . What power he exerciseth is by law and custome . In correctionis negotijs alia quidem facient omnia ( excommunication is more ●…iselie and conscientiouslie excepted ) quae de jure possunt & solent fieri . Constit. 1571 ▪ To the Presbyterian tendernesse of medling with domestike infirmities somewhat is sayd allreadie which the Answerer by leter thus avoucheth . It is certaine that a foolish man revealing foolishlie his faults to his wife , the zealous wife upon some quarelling betwixt her and her husband , hath gone to a good Minister , revealed what was told her , and the honest impertial Minister hath convented the man , charged him with his sinne , and made him confesse satisfie , and doe penance publikelie . Here the flagrant scandal was onelie the fire or furie that broke out of a weake womans breast into a pragmatical Presbyters eares , whose heade is no sanctuarie for spiritual secrecies , but his curiositie the mine that under workes the foundation of private families , and palaces too ( whereof that of Mary Queen of Scots may be a formidable , and lamentable example ) and when jealousies faile of materiall truth in the discoverie , to blow them up with malicious calumnies what they can . For suits and differences incident between Pastour and flocke , Lay Elder and his neighbour , the passion upon which perverts , & blindes the eyes of the wisest men that are your Congregational or Classical Iudges you passe quietlie by it , as having nothing to say for it . These are the great injuries and hurts which make the Scotish Discipline , Scandalous to all the Reformed world being prov'd destructive to the just praerogative of Kings , the power of Parliaments , the libertie of subjects : enslaving all orders of men , where it takes place , to the arbitrarie jurisdiction of a corrupt Synod , and that commonlie moderated by the usurped Papacie of a Knox a Buchanan , a Melvin , an Henderson , such meeke lambes as no misbeleeving Iew can misdoubt , them to be fore runners of his Messias who hath prae-inspired this good principle into their heads . To bring their Kings rather then goe themselves to the slaughter . And wheresoe'r they get power , to teare out the throat of the ●…hearers ▪ and make them dumb●… , never more able to open their mouthes against the know'n D●…itie of their Presbyterie . CHAPTER XIII , The Bishops exceptions against the Covenant made good , and this proved That no man is obliged to keep it who hath taken it . IF I had not found the Reviewer a pretie round and plumpe Gentleman in blacke , I might have misse-thought the habit of his bodie and conformation of his parts , facilitating with some pleasure the operation of his physike , to have enamourd him with the otherwise undecent , metaphore of a vomit ; But Hippocrates praescribing to his constitution ( as J take it ) the other method for dejection of his humours , I recollect with my selfe a triple cause that might at this time create his distemper , & in his penning force out this floud of gall upon his paper 1. His late fruitlesse voyage by sea might still sticke in his stomake , having before been for many yeares accustomed to none but land waves of his raising , the raging tumults and madnesse of the people . 2. A violent agitation of his bodie , the sixe Scoti●… Iehu's in zeale to the cause coaching it much too furiouslie about the Countrey . 3. The abominable sight of his Majesties hand to diverse papers , denying the very subject of this chapter , the taking , injoining , or tolerating of the Covenant . So a Doctour in the facultie nearest hand instructs me .... vomitum vulgò concitare traduntur .... violenta & vehemens corporis agitatio , insueta per mare navigatio .... imaginatio & intuitus rerum abominabilium . Beside the pleasing sent of an Irish designe then in hand might offend him , which is a fourth cause he addes and I end with , Odor rerum faetidarum &c. As to the substance of the chapter , wherein his Lordship hath taken the Palladium of Presbyterie , ( without which the successe of his other attempts had been nothing ) the Reviewers stratagems ( for strength of reason he brings none ) are unlikelie to rescue it , The Bishop is very sensible how deep the conscience of an oath stickes in men whose hearts are not hardened against religious impressions . And how perjurie is abhorred among heathen , who have conscientious feare of punishment from their God , and a politike one too of shame before men . To undeceive therefore such as fondlie fancie because their hands were lift up , that their covenant's with heaven : And because their eyel●…s are open , that they walke not in darkenesse and the shadow of death , He brings them first the reliefe of several propositions , which when draw'n out , will appeare to be these . All oathes , vowes & covenants are not binding , it being customarie among men to make the same bonds serve for iniquitie as justice & tie up secret conspiracies with the publike liguments of communitie & peace . 2. Those that are not obligatorie may be broken , viz where a greater judgement solveth the fallacie of a lesse or a beter conscience seekes to reduce & rectifie a worse . With what other false knots men are foolishlie entangled he demonstrates by the slight wherein the Covenant hath catch'd them . Their deliverance is this , if they will accept it from the hands of unquaestionable truth ▪ That Covenant which is devised by strangers to the dishonour of a Nation , imposed by subjects wanting requisite power , and that aswell upon their Soveraigne at aequals extorted by just feare of unjust sufferings , is not binding . But this is that Covenant . Ergo. The majour thus put in forme the Reviewer will hardlie grant , and yet dares not denie , but sets his foot upon I know not what weaknesse and falsitie of the Minour , the Commissioners of the Parliament of England , as he calls them ) being among the number of the first and onelie framers thereof . He must be wiser then Solomon that can know the way of a Serpent upon a rocke . Yet the Presbyterian Scotish subtilitie is not such , but that we may see whence , if not by what gyres and uncertaine sinuations , it came about , and he that meetes it at Westa●…inster may welcome it from Edenburgh , if he likes it . Leagues and Covenants are no usuall abasement of English allegeance , such copper coyne hath been no where so currant as since Knox was Mint-master in Scotland , whose original inscription With the image of his rebellion is propagated in this counterfeit , as he that delights in such medalls may see if he compares them . This for the thing . For the persons I denie them to be Commissioners on either side , no King , nor Clergie legallie assembled deputing them to that purpose nor indeed any of the Laitie but Rebells . They that gave life to it , Lords , Commons , or what you will , or wheresoe r assembled , were in the very act Traitours against the King and so no part of a ▪ Parliament in the Kingdome Whither they are called by His Majesties writ to consult about the defense not to covenant the destruction of the Kingdome and Church . The lawfulnesse of whose constitution and authoritie was no farther acknowledged then it was lawfullie used , and in that act absolutelie disclaimed , the King sending for them onelie to discourse and treat with himselfe , not to dispose and ordaine , or enact any thing without him . Therefore these men , thus acting upon the praecedent advice and praescription of strangers , foysted a Covenant devised by strangers , how soever factiouslie denison'd in that Court. But how strange the advice was will appeare beter by true storie then probable divination , which being sent me in a leter from one well acquainted with these affaires of his owne countrey . I will faythfullie communicate as it came unto my hands . When the Commissioners came downe from the Parliament with their letter subscrived be some Ministers shewing that their blood was shed lyke water upon the ground for defense of the protestant relligione and the letter being red in the Assembly had no uther answer bot this . Gentlemen wee are sorie for your case , bot there is one thing in your letter , Yee say yee fight for defense of the reformed relligione , yee must not thinke us blind that wee see not your fighting to be for civill disputes of the law , wherewhith wee are not acquante . Goe home and reconcile with the King , hee is a gracious Prince , hee will receive you in his favour ; You can not say it is for the reformed relligione , since yee have not begun to reforme your Church , yee had thryven better , if ye had done as wee did , begun at the Church , and thereafter striven to have gotten the civill sanction to what yee had done in the Church , wee can not medle betwixt his Majestie and you . ] Few dayes after , Sir W. Ermin , Master Hamden with the rest were invited by some of their friends to make a new addresse to the Assembly , their friends in the Assembly ( after a second desire of a more gracious answere ) propounded this . [ Will yee joine in covenant with us to reforme doctrine and discipline conforme to this of Scotland and yee shall have a better answere , ] Sir W. Ermin & the rest answered ( that they had not that in their instructions , bot thanked the Assembly & sayd they would represent it to the Parliament of England ) the friends in the Assembly told them [ there would be much time loosed ere they could go to the Parliament for their resolutione and thereafter to returne to Scotland and draw up a solemne league and covenant the danger was great and they were not able with all their forces to stand two moneths before the Kings armie bot we shall draw it up here and send up with you some noblemen gentlemen & Ministers that shall see it subscribed , ] which was done . To proceed your Rebell - Parliaments desires , beside what may be gatherd from your papers , were not , as I have heard , very humblie praesented by the persons many times that brought them ▪ And when your smoothest language is glossed upon ( as best it may be by your rude militarie Interpreters at more distance your negative will not hinder them of being impositions rather then supplications . Religion and liberties in all the three Kingdomes were very sufficientlie secur'd by the lawes . Scotish Presbyterie is no religion but rebellion in the principles , and the libertie taken by it is license befitting no subjects , and therefore not to be desired of a King. For which if such a covenant or oath is but one maine peice of securitie ( as you confesse ) I leave to be judged if any judgement can comprehend the other maine p●…ices of vassalage , for your safetie , you yet farther expected from the crowne . An authoritie to crave many leaves a libertie to resuse , and be of no sufficience to impose upon the subject so long as during the contenuance of the Parliament . Nor can you shew that uncontroverted law which gives validitie to an ordinance controverted by the King , who assumes no power of politike impossible concessions , such as treason , felonie & breach of peace are by name with us , & covenanting is such when against the Kings consent . The last part of the demonstration is too true , and so farre dishonourable as it blazons the cowardize of men well principled in their religion to God and loyaltie to their King , who for the benefit of a litle fresh aire out of prison , and a titular interest in an estate , the revenues whereof must be excis'd , contributed , fift parted , twentieth parted and particulated into nothing at the pleasure of the blew-apron'd men in the Citie , and Committee plowmen in the Countrey , would desperatelie cast their soules into the guilt and curse of a covenant which they utterlie detested , and their persons into the slaverie of proud , sinfull unreasonable men , whom before it may be they fed with their charitie and commanded . The nullitie of this oath upon the difference of heart and mouth , is demonstrable , The very taking it being so farre from obliging to be kept , as it subjects them to the judgement of God , because not done in truth nor in righteousnesse . Isai 48. Nec vero ultr●… quam consensum est juramentum operatur secundum ipsum , quae tunc actus deficit in substantia , deficiente consensu , quem defectum juramentum minimè supplet Say the lawyers . And he that sweares to commit sacriledge and murder is as much bound by his oath , which I would faine heare Master Baylie dictate from his chaire against them when they tell him , Iuramentum non est vinculum iniquitatis . The especial aggravation which he drawes from the Bishops ground is as especial a lie , and as evident a falshood , as ever came out of the mouth of man , & an irrecoverable shame to the whole Presbyterie . That a Minister , Professour , their great champion & commissioner should utter it , when not onelie the penaltie of two pence hath been threatned , but of sequestration and imprisonment hath been executed upon thousands , and beside these , ( because some particular must be instanc'd ) upon neare 100. fellowes of Colledges in one weeke banishment out of the Vniversitie of Cambridge , this I can best justifie being one of the number . Which was a leading case to Oxford , when in their power , and the feare of unjust suffering they threatned , her first argument against their covenant . Therefore let us leave the dishonour we were speaking of where we found it , upon the head of our Nation in part , who degenerated so farre as to take a covenant from the hand of strange rebells ▪ no otherwise their brethren then in the in quitie of maintaining hypocrisie and license , both which they see with their selves now in thraldome to Atheisme and a mercenarie , sword , And beare about them the marke of Gods vengeance in the sight of us who survive to magnifie him in his justice , saying , Iustus Dominus in omnibus vijs suis & sanctus in omnibus operibus suis. The Bishops second demonstration need be no beter then the first whereby you are convicted , as bad as it is , you dare not venture upon halfe of it , but like a cunning old rat that hath before been catch'd by the taile in a trap ▪ will be nibling at the baite , but not enter too farre with his teeth for feare his head goe for 't next . This makes you so tender of dealing with the majour , which if not well caution'd why doe not you denie it or attacke it on that side which you guesse weaklie guarded ? You pervert the minour , though litle to your advantage . The Bishop sayth not that in the Covenant you sweare the latelie devised discipline to be Christs institution , but that you gull men with ●…it , as if it were so imposing upon them the strictest oath to engage their estates and lives in the praeseruation and propagation of it , which is as much as can be required for Christs institution or Euangel , a title as strange as you make it , often given your Discipline which allreadie I have touchd at . Yet because here you so confidentlie put us upon the words of the Covenant , somewhat not much unlike what the Bishop imputes I finde in the praeface ... having before our eyes the glorie of God , and the advancement of the Kingdome of our Lord and Saviour Iesus Christ .... whereby I charge your meaning to be the Presbyteriall Government of your Kirke , if not , I require you plainlie to denie it , and to send me this proposition subscribed by your hand . The plat forme of Discipline to which we sweare in the Covenant , is not Christs institution . Especiallie since your General Assemblie 1642. hath sayd . That the Reformed Kirkes do●… hold without doubting their Kirke officers and Kirke Government by Assembles higher and lower &c to be jure divino and perpetual . Your brother-Presbyters in England . That Presbyterian Government hath just and evident foundation both in the word of God & religious reason . And the praeface to the English Directorie telling you , That their care hath been to hold forth such things as are of divine institution in every ordinance . Were it not to tire out my Reader , I could shew this to be your language ever since your Discipline was framed , & thought so necessarie a truth that your denial must make Christ not so wise as Solon or Lycurgus ; if he left it as a thing mutable by men , or now after so many ages of his Church to be put to the vote in their Parliaments and Synods . So sayth a friend of yours in these words . Equid●…m non novi , neque credam Christum , qui Dei sapientia fuit , remp . suam que omnium ' est perfectissima , arbitrio stultorum hominum religuisse agitandam .... quod ne Solon quidem aut Lycurgus aljusve quis pium Legislator pateretur . For that and the rest of your religion your Confession of faith sayth . That you are throughlie resolved by the ●…ord & spirit of God , that onelie is the true Christian sayth & Religion pleasing God &c. ... Gods aeternal truth & ground of your salvation .... Gods undoubted truth and veritie grounded onelie upon his written word . Nay afterwards you protest and promise with your hearts under the same oath &c that you will defend the Kings person and authoritie in the defense of Christs Euangel and liberties of your Countrey , which is ( or if it be not speake ) the same with Religion and liberties in your league . Besides all which otherwhere you blasphemouslie compare both your confessions with the old Testament and the New. That which followes wherein you moderate the first article of your Covenant , imposing an endeavour to reforme onelie according to the word of God , with out introducing Scotes Presbyterie or any other of the best reformed , unlesse it be found according to that paterne , though it served to palliate all blemishes and deformities that were in it ; To invite possiblie , some well meaning people into your fraternitie , who like harmelesse bees relishing that sweetnesse , litle thought what poyson they left behinde for other venemous insectiles to sucke out ; To furnish others withan excuse ( a petiful one ) for using so bad meanes to so good an end and when it undeniablie proves the contrarie ( the same it may be they intended ) crie they were mistaken though now they can not helpe it ; Yet it may be shewed to be a dubious & frivolous limitation , the same commendation your friends gave it when translated into an oath tenderd in behalfe of Episcopacie by the King , First infirming that member , and so f●…r disinabling it from bea●…ing part in the mater of an oath , as subjection is required unto the reforming power in a Church . Secondlie , Quitting all that swore it of their engagement every moment , if they see clea●…lie , or judge erroneouslie , your reforming Principals to digresse from that path . Thirdlie , either supposing your reformed religion in Scotland to be allreadie conform'd to that paterne , or else enjoining to sweare contradictions . Lastlie , If leaving every man to judge what is according to the word , and to endeavour according to that judgement , imposing an oath productive of confusion there being as many mindes as men , scarce two united in one touching Doctrine , Worship , Discipline and government . The first might be illustrated & argued from the fallibilitie and uncertaintie in the Reforming power , a maim'd Parliament & an illegitimate Assemblie then siting , whom I could not be assured to have the spirit of God so illuminating their mindes , as whereby jointlie to judge the same reformation according to Gods word . Secondlie as uncertaine should I bee , set●…ng aside all partialitie and passion , that they would ▪ declare what they so judg'd , against many of whom , if not the most having a well grounded praejudice , whether just or no maters not if not know'n to me ) I could not sweare de futuro a conformitie to their acts . In which cases wisemen advise us to abstaine .... Ten apochen tou omnynai prostattei peri toon end●…chomenoon , kai ●…oriston tes ●…baseoos ●…chontoon to peras . Hierocl . in Carm. Pythag. and ●…urans praesumitur certioratus & deliberatus accedere ad ●…ctum super quo ●…urat , sayth the Lawyer . The second is strengthned s●…fficientlie by your words which oblige the Covenanter no farther then he findes your great worke proceeding according to Gods word . The successe whereof if no beter then in your Discipline and the Directorie , will keep no man in his Covenant , Gods word praescribing many parts of neither . The Third is evident from the very clauses in the article , where first an oath must be taken to praeserve the reformed religion in Scotland , which if not according to Gods word , is contradicted in the next that enjoines reformation onelie according to the word And if it be then that is ●…t wherewith a uniformitie must be made , and yet you tell us there is no such word , nor any such mater in the Covenant , About the last let every man speake his minde as freelie as I shall mine . That I hold no Presbyterian government , Scotish or other , according to Gods word That I have read of much dissension among your selves in former times , and heard of some in later . That all Papists ; all orthodoxe persons in the Church of England are jointlie for Episcopacie in the order , as according to Gods word and separatelie for it in the jurisdiction and discipline , neither holding all parts of it exemplified in the word , & so not applicable unto it , & both not the same extensive particulars in the ordinance and exercise of the Church . Besides such as you call Socinians , Sectaries , & separatists , whether individual or congregational . All which having distinct opinions of Doctrine , Worship , Discipline and Government according to the word , if not concentred in the sense of the House or Assemblie but left to their several endeavours , are sworne among them to delineate a pretie implicated diagramme of a Church . But for a farther answer to this article of your covenant . I remit you to the solide judgement of the Vniversitie of Oxford . As likewise to that of several learned men in the Vniversitie of Cambridge , who joined in one minde , & published their refutation of the whole treacherous league A. 1644. Onelie I must adde what persons of knowledge & integritie say they will make good . That your Covenant came into England with some such clause as this . We shall reforme our Church in doctrine and Discipline conforme to the Church of Scotland . Whereof Master Nye & his Independent friends fairlie cheated you , making that be rased out and this inserted which we treat of . By which tricke they have pack'd Presbyterie away , and yet pleade with you in publike , That they still keepe the Covenant and goe on to reforme according to Gods word . The second ground of the Bishops demonstration is no evident errour , it being an evident truth , That the principal Covenanters , Noblemen , Gentlemen and Ministers in Scotland protested to Marq. Hamilton His Majesties Commissioner 1638. when it was objected that their Covenant with their new explication was different from the sense of that 1580. because it portended the abolition of Episcopacie . That is was not their meaning quite to abolish it , but to limit it , holding out in the most material point an identitie between them . That they assured many who made the scruple , and would not have come into their covenant , unlesse they had so resolv'd them . That they might sweare the same confessi●…n , and ▪ et not abjure Episcopal government , which the three Ministers in their first answer to the Divines of Aberdene positivelie affirmed . That thus they abus'd many , with an appeatance of identitie in the mater and similitude in the end . And themselves frequentlie confessed that this Covenant was nothing but that general one applied to the particular occasions at that time . It is as certaine that the Covenant of the Rebells in all the three Kingdomes 1643. was held out at least to them in Scotland that toke it , to be the same with that they toke before , otherwise then as it must be againe applied to a conjunction with their brethren of the other two Kingdomes . Nor was there any other new emergent cause , nor was that one for any new Covenant ( and you are not to multiplie solemne oathes and Covenants , you sayd , without necessitie ) Nor is there in this the sense of any one clause that is not in the other as it concern'd your owne Nation . And the enemies with their practices , against whom and which you fram'd it , you professe to be the same , though now increased , in your praeface . All which have elements enough , beside an airie fancie , to make up your grosse errour or affected falshood in denying so demonstrable a truth . Yet that notwithstanding this imposture there is a real difference in the triplie respect which the Bishop speakes of was never hitherto denied ( as I know ) by any Episcopal writer which are many that occasionallie have mention'd it . So that his Lordship 〈◊〉 not his owne vine but your fingars that will be medling with his worke , for which he may expect and will have due thankes from his friends that rightlie understand him . For howsoever indeed that short confession was at first not onelie draw'n up by the Kings command , nor freelie subscribed with his hand , but obtruded violentlie upon him being devised by a partie of seditious male-contented Noblemen and Courtiers ( made such by the Clergie that were worse ) against Esme Earle of Lenox , who they hoped by this test would be discovered to be a Papist , Yet the King made a very good vertue of necessitie , and since he must impose it first upon his familie and afterward upon his subjects , being supreme could and did it in his owne sense , though it may be , oppositie to theirs that made it , the ambiguitie of the words tolerating both . To which , in that sense , he praefixed his Royal authoritie , whereas your later Covenant in yours was absolutelie against his sonnes . That in his sense was for the lawes of the Realme , the praeservation of Episcopacie , This against them for its utter extirpation . That to maintaine the religion established , which he did to the uttermost of his power . This to its destruction which it is in effecting , though it spoiles in the casting that golden calfe you intended to set up . So that the words themselves which doe not more flatlie contradict the Bishop , then they are contradict by your workes , are not so expresse for the Kings authoritie , the law of the realme and religion established , and wherein they are , such an abstruse meaning have they , as he that takes your league is ouo●… ag●…n mysteria the dull creature that ignorantlie caries all the mysteries of your iniquitie on his backe . In the next paragraph is nothing but a branch or two of your former wild discourse , & therein a nest of small birds chattering what we often heare to no purpose , or never to lesse then here having no significancie at all in answer to the Bishops Memento , which recognizeth Q. Elizabeths indulgence , to whom your praedecessours scraped and whined for militarie assistance & ( to say no worse ) undeservedlie had it without imposing the Discipline of England . Whereas you ( to use the words of K. Ch. 1. ) are not to be hired at the ordinarie rate of auxiliaries [ much lesse borrowed or bestowed ] nothing will induce you to ingage till those that call you in have pawned their soules to you . The Discipline & Liturgie ( which you quarell with some times because different from the English ) was obtruded upon you by no other craft and force then a plaine legal injunction , Deliberated on from the time of K. Iames's investiture in the crowne of England , approved in a general Assemblie at Aberdene 1616. ( the Liturgie I meane , the Discipline having been received long before ) read publikelie in the Kings chapell at Haly-rud-house ever since the yeare 1617. not onelie without dislike but with frequent assemblies of the Councel , Nobilitie , Bishops and other Clergie , Iudges , Gentrie , Burgesses , women of all rankes . In several other places in the time of K , Ch. 1. The alterations ( which were not of such moment as to be met with opposition ) were partlie made generallie approved by the Bishops and principal Clergie in Scotland , who in the exercise of it were injoined to proceed with all moderation , and dispense with such for the practice of some things conteined in the booke , as they should finde either not well perswaded of them , or willing to be informed concerning them , or did hope that time and reason might gaine a beter beleefe of them . How otherwise your Discipline was obtruded upon the English , what free long and deliberate choyce they used ( beside the sighes and groanes of many pious soules hurried into prisons or disspersed in a miserable exile ) your owne Scots Cushi shall beare witnesse . Who , out of no ill meaning to your cause , reveales the truth of your tyrannie from the beginning .... That upon your second coming in it was , when some of our Nobles tooke occasion to supplicate for a Parliament , which the King scarce durst denie for the Scotch armie , nor the perpetuitie of it afterward for no other reason .... That when it came to armes the Scotes could not sit still in conscience & honestie whereupon they sent a Commissioner from their Synod to the English Parliament 1642. to move them to cast out Bishops , Then others to the King at Oxford to signe all propositions , which because he would not doe , they resolve to assist their brethren against him , whom they call the common enemie . The formalitie of an invitation was used to this purpose , but their inclination and resolution had pass'd before . And indeed your Assemblie 1642. confess'd an obligation lay upon them to encourage and assist so pious a worke , but not as you doe here onelie out of brotherlie concernment , but for securitie of yourselves , because without it you could not hope for any long time to enjoy your owne puritie & peace , which had cost you so deare . The Bishops following grounds , which he makes good to be de monstrative , doe not therefore betray the weaknesse of because they adde strength to the praeceding . What wind is in them you f●…llow too fast after , and feed as greedilie upon as Ephraim on the East , which turnes to the same bad nourishment in you both , increasing lies and somewhat else which you may reade Hose 12. 1. And were the softest hand insensible of their substance , they would praeponderate your answers which are as deceitfull upon the weights as he that made them , and alltogether lighter then vanitie it selfe . For not a proposition is there in prosyllogisme or syllogisme that is seemes you can denie , though you scarce any where shew ingenuitie to grant . For the second , which you thinke so hard to prove let it be adventur'd thus . He that by covenant disposeth of himselfe and armes contrarie to the established lawes , which by the Kings right in him he is obliged to maintaine , disposeth of them against that right . But every Covenanter disposeth &c. For the established lawes enjoine him to defend the Kings person without limitation or reference to religion , at least not to fight against it , which the Covenant by your practi●…e interpretation doth oblige to . Where the power of the Militia refides His Majesties unanswerable Declaration for the Commission of array will best satisfie you . And himselfe tells you trulie it is no lesse his undoubted right then is the crowne . In the exercise of it though the Parliament be not excluded , yet their power is never legallie considerable but when they are , as the bodie with the ●…oul , in statu conjunct●… with the King. Defense of liberties hath no law to arme them against pr●…rogative , nor is there a cause imaginable impowering them to take up armes against a partic countenanced by the Kings praesence which can be according to no law but what is call'd such by rebellious people that offer violence to Royal right If any such there be , let us have but one impraegnable instance and we 'll shake hands . I beleeve you are not much in love with that old custome of the Frisians , long before they became Presbyters , who chose their Earle carying him upon their bucklers , and crying alowd , Haec est potestas Frisiae . You can now adayes beter indoctrinate them according to the custome of your faction , when praevalent , which is to admit no new King but at the swords point and there to keepe him , crying after this maner , or somewhat like it , in your proclamational libells , Haec est libertas Presbyteriales Scotiae . Yet your Commissioners when in the mood can praesent the hilt to his hand , and argue with both houses , as they did upon the new propositions , why the power of the militia should be in the crowne asking . How Kings otherwise can be able to resist their enemies and the enemies of the Kingdome , protect their subjects , keep friendship or correspondence with their allies .... asserting that the depriving them of this power rootes up the strongest foundations of honour and safetie which the crowne affords , & will be interpreted in the eyes of the world to be a wresting of the scepter and sword out of their hands . So that the Bishops friends may take from yours aswell as from him the same demonstrable conclusion he layd downe , And this for all the Kings acknowledgement ▪ which was never any of the Parliaments joint interest in his authoritie against his person , which is the true case though you shamefullie conceale it . Nor did His Majestie so put the whole Militia in their hands as to part with his right when he bound his owne from the exercise , Nor was he sure he was not or might not seeme to be perjur'd for his courtesie ( which all Kings will not hazard ) though he layd the guilt or dishonour at their doores , whither God hath brought allreadie a portion of their just punishment that constraind him , saying . I conceive those men are guiltie of the enforced perjurie ( if so it may seem ) who compell me to take this new and strange way of discharging my trust by seeming to desert it , of protecting my subjects by exposing my selfe to danger or dishonour for their safetie and quiet . Therefore what thoughts he had of your parties medling with the Militia may be best judg'd by his words . How great invasion in that kinde will state rebellion in a Parliament , when there 's any ( as there was none , at that time nor since ) shall be told you when the Bishop gives you occasion to demand it . Or if you can not stay so long , I must send you againe to the judicious Digges to satiate your too curious and greedie appetite of such fare as will no●… well be digested in many stomackes . To the nulling your Covenant by His Majesties proclamation you say nothing because it separates him from the partie to which you attribute all malignance , and you know you can not securelie medle with him but in a croud . In the Bishops second demonstration we must be beholding to you for giving what you can not keep with any credit which more awes you then conscience . That where the mater is evidentlie unlawfull the o●…th is not binding . The application of which up to your covenant will be justified when brought to the touch by Gods lawe or the Kingdome 's . But you first summon it before reason , which helpes you with no rule . To lay aside what might be otherwise rectified , were there cause for 't . Nor any evidence that the burden of Bishops and ceremonies was so heavie as to presse you into the necessitie of a Covenant . This his Lordship need not offer to dispute , since the King ever offerd a regulation of that order and those rites by the primitive paterne wherein it otherwise differed then in a necessarie , innocent compliance with the politike constitution of his Kingdome . And the Church had render'd all rational satisfaction as well for the ceremonies reteined as those abolish'd ▪ And both by particular men most eminent in learning and judgement had been unanswerablie maintained in every graine or scruple that could be quaestion'd or complaind of . Yet the praesent government , how light soever , is burdensome especiallie to men that looke for advantages by the change , And the worst of men can seeme as serious in complaint as if their vertues had been the onelie martyrs to crueltie , and the very common hackneyes for oppression . Quid reliqui habemus praeter miseram animam came out which a sad sigh from Catiline before his bankrupt Comrades , who had left no such subject for rebellion to rhetoricate on , if their lives had been as good pawnes in the midst of their prodigalitie as their lands . This your method of reformation , whereof the Bishop complaines for which you plead custome , failes not onelie in the maner but of the power , the most material requisite to effect it . And the high path way is no●… so ordinarie as you can name the Parliament that ever trod in it before , We in England having no such custome , nor indeed any where the true Churches of God as to alter religion and government without the King. To your quaestion which ever shelters fraud in universals , I particularlie answer and to our purpose 1. That the Houses of Parliament are not to begin with an ordinance for a covenantor ●…ath , to change the lawes of the Realme to abolish the Discipline of the Church and the Liturgie lawfullie established , by the sword ( which are the Bishops words ) before the Kings consent be sought to that beginning , much lesse when his dissent is foreknow'n of that and all proceedings in that kinde 2. An ordinance of the Lords and Commons ( without and against the King ) i●… no good warrant to change such lawes during the sitting of the Parliament 3. No law nor lawfull custome of England debarres the King by dissenting to stop that change ▪ Untill which three assertions be refuted in law , it will be needlesse to debate the qualifications and exceptions , which can be none of moment in this case against the Kings consent requisite to turne an ordinance into a law . But you take His Majestics concessions to have praevented all can be sayd in the praesent case . Behold you that kindled the fire in his breast here compasse yourselves with the sparkes of his consent which charitie would have suffered to exspire with the breath that brought them forth , or buried in his ashes which they made . Yet can not you walke by the light of thi●… fire unto the full accomplishment of your ends , His successour being not yet conveighd into any such place as Holmebye or Carisbrooke Castle where you would have him , some such fatal haereditarie confinement being the fairest apologie ( if any ) when he should subscribe so many of your unconscionable desires , and write after his Father in the extremitie of misfortune , who as litle intended what himselfe accounted his failings for his copie , as he desired his undeserved miseries should be a patrimonie transmitted to him by your hands . As to the obtaining of what i●… lacking , your way is not so faire , in which visiblie lies the same Scripture , Antiquitie , law , reason , conscience and honour , which heretofore hindred your journey to the end of your hopes , the obtaining His Majesties plenarie consent . Who did not agree to , if you meane approve of the rooting out Episcopacie in Scotland . That he gave so much way to such wild boares as were in your Presbyterie to doe it , he afterward repented , and you rewarded him not so well , as that his Royal sonne should be encouraged to purchase sorow at so deare a rate . 2. He was not willing allthough he yeilded to have them put out of the House of Peeres in England and Ireland , out of a generous scorne of your uncharitable susspicion that he would have them there onelie because he was to make use of their votes in State affaires . 3 He divested them of civile power , hoping to perswade such as your Lay Presbyters , by the objections made against them , out of the Ecclesiasticall which they more irrationallie usurped . 4. He joined Presbyters with them for ordination , because he found it before seldome administred without them . But he never made them coordinate in , nor aequiparticipant of that power . He joined them for spiritual jurisaiction , as being a fit meanes to avoyd .... partialities incident to one man. And tyrannie which becomes no Christians , least of all Churchmen . And thirdlie to take away from them the burden and Odium of affaires , which was a courteous diminution in such times . How sacrilegiouslie you rob the Temple of Memorie of the pillar he set up in the period of your Treatie , and erect in the place an impious calumnie of his abolishing Episcopacie totallie , name and thing will be seen by part of his inscription or ultimate answer to the Rebell Commissioners paper about the Church . The words are these .... His Majestie doth againe clearlie professe , That he can not with a good conscience consent to the total abolition of the function , and power of Bishops , nor to the intire and absolute alienation of their lands , as is desired , because he is yet perswaded in his judgement that the former is of Apostolical institution , and that to take away the later is sacriledge ..... And if his two Houses shall not thinke fit to recede from the strictnesse of their demands in these particulars , His Majestie can with more comfort cast himselfe upon his Saviours goodnesse to support him and defend him from all afflictions , how great soever , that may befall him , then for any politike consideration , which may seem●… to be a meanes to restore him , deprive himselfe of the inward tranquillitie of a quiet minde . And some of his last words were ▪ I am firme to primitive Episcopacie , not to have it extirpated , ( if I can hinder it ) He sayd indeed , that by his former answer he had totallie ▪ suspended Episcopal government for three yeares , & after the sayd time limited the same in the power of ordination and jurisdiction . Which the Commissioners he dealt with so litle thought Tantamont to a perpetual abolition , that they sayd it met not with their feares , nor could praevent the inconvenience●… which must necessarilie follow upon the returne of Bishops , and the power which he reserved to them after that time . For that a Bishop so qualified as ●…is Majestie expressed should rise againe then they declared whollie in his choyce unavoydable by Parliament , if they agreed not . But behold a pretie peice of aequivocation ( call'd Anti-christian Iesuitisme by these Rabbi Presbyters of old ) to draw their dull Commissioners out of the mire and as good as inke for ivorie to wash them cleane . His Majestie suspended it till he and his Parliament should agree . All and every one in both Houses had abjured Episcopacie by solemne oath and Covenant and so in no hazard ever to agree with him . Ergo He must either agree with them , that is likewise abjure , which is abolition , or coutinue perpetuallie his suspension which is Tantamont unto it . This is very well orderd , especiallie if you call to minde somewhat else that was condition'd for viz. That twentie Divines of His Majesties , nomination being added unto the Assemblie were to have a free consultation & debate , whence it might be determin'd by His Majestie and his two Houses how Church government &c should be setled after the sayd time or sooner if differences might be agreed . A very free debate when all demonstrative reasons should be forespoken to be silenced by an oath . And a very conscionable treatie , That a faction in both Houses should be ( without the restitution of the rest that were beter temper'd ) the men that should continue siting not onelie 3. yeares but 300 ▪ if they could live so long , because sworne not to yeild a syllable of their owne tearmes . Yet because you thinke your selfe so witie in your sophistrie let me aske you ▪ What assurance these all and every one in both Houses had to be immortal , If they were not , what you have that the new elected would be Covenanters and if they were not , by what law they could have been excluded the Houses whither they should be sent as Repraesentatives of their Electours . If admitted and so reasonable as to hearken to a possible result of the Divines debate in condemnation of Presbyterie , and vote according to it , what then were likelie to become of your perpetual abolition , or the Tantamont unto it . Such measure may you have if ever it come to treatie between you and your sectarian brethren now siting in one House , who having as much abjured Presbyterie that praetends for Royaltie by the engagement that hath renounc'd it , as you Episcopacie by the Covenant , may they condition for their owne confused Jndependencie thr●… yeares and as much longer as till you and they agree , & may they tell you that can never be because they are engag'd and in no hazard to reerect the roten stooles of English Scotizing repentance , & the corrupt classes of your Presbyters , which the same sword hath ten times more justlie cut downe then it set them up ▪ But I see your full and formal consent findes no such good footing in your fallacie , and therefore falls at length to a possibilitie of defect , which you praesume with much facilitie to have supplied His Majestie that now is hath much to thanke you for , that at the first you will make him as glorious a King as you made not his Royal father but after so many yeares experience of his reigne . That being at libertie not onelie in his person from your prisons , but in his reputation from the clogges of those calumnies you cast upon the guiltnesse innocencie of his Praedecessour you will advance him beyond all those sufferances that were Solemne praeparations to his murder , and in primo imperij momento , as in ultimo you did before , hold him by the haire , onelie not as yet permit the Independent hand to cut his throat , untill forsooth he hath taken breath to supplie that wherein his too scrupulous too pusillanimous father fainted , And then crowne him with ribbons and flowers for the fater sacrifice of the two by the giving up his honour and salvation beyond a life , the onelie leane oblation of Charles the first . But may His Majestie say you , easilie supplie what his father travaild for , without satisfaction to the uttermost limits of reason and conscience , beyond the farthest excusable adventures of any Praedecessours in his three Kingdomes or out of them , hazarding , allmost to despaire , his memorie with pious posteritie , especiallie at that distance as shall not repraesent distinctlie every angle of the necessitie he was driven to , and his soul to no other assurance of pardon then what the integritie of his repentance ( not so infalliblie haereditarie as his miseries ) and his glorious martyrdom afterwards helpt him to ? Would he thinke you so readilie but for a whisper of pernicious counsel in his eares , passe by unregarded his fathers charge to persevere in the orthodoxe religion of England , and hearken to the Devill of Rebellion whom he knowes well enough though turnd into a Angel of Reformation ? Can he so easilie , after three or fower weekes conference at the Haghe with two ignorant Presbyters , and but twice as many leaden headed Laikes , have his reason convinc'd , & his consience satisfied , which is Royal Father could not in so many yeares conversation with the ablest Divines , & devout consultations had with the Living God himselfe by his prayers , and his dead , Yet livelie oracles of the Holie Word in his watches ? Or would he so readilie , without it , give up his Fathers invincible reserve to the irreparable injurie of the Church , his people , & his heire or successour in his Kingdomes ? Was he requir'd and intreated by Charles the first as his Father and his King ( in case he should never see his face againe ) not to suffer his heart to receive the least checke against or disaffection from , the true Religion established in the Church of England . And can he so easilie , even while that pretious bloud hath dyed his garments in purple , and being the Defender's of the fayth speakes the same language and calls every morning he puts them on for the same vengeance as once did the first borne , of the faythfull cast such requests and requisites behind him , quit the true Christian guard he is charg'd with , and desert all his constant subjects that must persevere in their religious profession according to the puritie of our canon ? Will he , rather then want , weare a crowne which is not worth taking up or enjoining upon such dishonourable unconscionable termes ? And will he so readilie beare the infamous brand to all posteritie of being the first Christian King in his Kingdome who consented to the oppression of Gods Church and the Fathers of it , exposing their persons to penvrie , and their sacred functions , to vulgar contempts ? Will he so easilie because his treasure exhausted , his revenue deteind , be tempted to use such profane reparations , if not acting , consenting to perjurious and sacriligious rapines ? Or will he so readilie instead of hu●…kes give holy things unto swine , and the Church's bread , not onelie the crumbes of it , unto dogs ? This his Royal Father durst not for feare a coale from Gods alter should set such a fire on his throne and his consience as could hardlie be quenched ; Nor , in all likelihood , will this ever obsequious sonne ( whom you call I hope in expectation of no such concessions , the most sweet and ingenious of Princes ) unlesse such furies as you fright his conscience away , while his tongue doubleth in an uncertaine consent , having from your pens & practices nothing but insuperable horrour and inevitable destruction in his sight . Wherein if ever you unhapilie praevaile , may the same Royal tongue be seasonablie touch'd with a coale of a beter temper before the unquenchable fire of despaire catch hold of his soul , or that of vengeance of his throne . May it call for the fountaine of living waters to wash away the bloud of his slaine subjects whose soules lie under the altar crying aloud for judgement , and quaestioning its delay . May that ountaine deriue it selve into the head and heart of this otherwise innocent King , and day and night flow out at his eyes in torrents of teares for himselfe ( in no soloecisme ) the Virgin Father of his people . And may at last his robes be wash'd white in the bloud of the Lambe , and God wipe away all teares from his eyes . Having payd , in dutie , this conditional devotion , which I wish as frivolous and needlesse , as your praesumption is malicious & unlikelie . I proceed to vindicate the Bishops discourse , which J can not see how in sense may be sayd to fright the Kings conscience , by asserting his right and undeniable praerogative the sinewes whereof you would shrinke up into nothing . The Legislative power is not here stated or determined by his Lordship onelie the King call'd supreme Legislatour , which he is , What commentaries have been made of it , to the praejudice of the right and custome of Parliaments , shall be spoken to when you tell us which of his brethren , and what in their writings it is you meane . No right nor custome can be adjusted to them in your case , which is vowing to God , and swea●…ing one unto another to change the lawes of the Realme &c. by the sword , without and against the King , different from the sense of your Commissioners , who would have the Legislative power , aswell as the Militia to be the Kings . For that power that can not constitute can abrogate no lawes , But they will tell you in constituting the King can not be excluded , And we inferre that no more he can be in repealing . If your minde serve you to engage farther in this dispute you were best answer the learned Grotius 8. chap. De Imper. Sum. Pot. to which I promise you my replie . In the next place ▪ as if you were moderating a matachin dance , from seting the King and Parliament at oddes , you turne both their faces and powers against the Praelates , whom I doe not finde His Lordship puting in competition with the King about the right of making lawes , but aggravating the injurie done them by your partie in the Parliament , and appealing to their conjcience with what justice they could covenant against the rights of a third order of the Kingdome without either their satisfaction or consent . If the whole Repraesentative of the Kingdome have thus priviledg'd the Bishops , one lame part can not deprive them of it . Their prioritie and superioritie hath been so ancient that no Lords no Commons would scruple at it , but such as likewise at the original supremacie of their King ; And therefore you may know the bill against their priviledges was five times rejected in the upper House the beter Court of honour of the two , and when the sixt time it was caried by a few voyces , it was when the most honourable persons were forced to be absent . Their share in the Legislative power hath been so great , that since any was allotted them your forefathers never heard of a law made in Parliament without them . The King may passe what he pleaseth , and what he doth so is a law . The two Temporal States with his bare name without his power , can make none , nor yet having it , as they account it derived from his Regalitie , not his person . Ius enim ferendarum legum , sive generalium , sive specialium , summa potestas communicar●… alteri potest , ●… se abdicar●… non potest . What one or th' other passe to the injurie of persons fundamentallie concern'd , be it law , can not be justified in conscience , which is all J take to be urged by the Bishop . But what would you have sayd if there had been such a law in behalfe of Episcopacie in England as there hath been in spaine . That no King could reigne ( which is more then a Parliament sit and vote ) without the suffrage of the Bishops ? Which made Ervigius upon the resignation of Bamba , that turn'd Monke call a Councel of them at Toledo , to have a confirmation of his crowne . And the time hath been in England when a difference fell between Edward and Ethelred about succession to K. Edgar & a devolution of it unto the arbitrement of the Bishops . The humble protestation of the twelve Bishops rudelie menaced and affronted did not pronounce the lawes & acts after their recesse null and of none effect in derogation to the praerogative of the King either solitarie or in conjunction with what persons soever he pleas'd to make his Legislative Councel ; but in saving to themselves their rights and interests of siting and voting in the House of Peeres , the violation of which they conceived to invalidate a Parliament at least without the Kings passing a rescissorie Act and an Act of new constitution . Because in law and practice it is usual to any who conceive themselves praejudg'd ( even in those things where Acts of Parliament passe against them ) to protest , Which , if you remember , were the words , and part of a long plea to another purpose ( though upon the same advantage of the Bishops right in Scotland ) used by those your Countreymen that alike intended their ruine , but could not colourablie offer at it without the Act anext the constitution of the Parliament . Whether the Bishops being a third order of the Kingdome , and by that craving their share in the Legislative power , be more humble then the Presbyters who take themselves to be absolute without King and two states in making all Ecclesiastike lawes , and against King & two states in abrogating all civile statuter & Ordinances concerning Ecclesiastical maters that are found n●…ysome and unprofitable , and agree not with the time .... And censuring , punishing all persons , King and Parliament not excepted , I file up with the other references to your ●…quitable comparers , let them be the Lords and Commons you here pleade for . You may chuse whether you will grant what the Bishop takes as demonstrable . That his brethren had harder measure from the thing call'd King and Parliament , then the Abbo●…s and Friars from Henry 8. When he devested them of their estates , Your consecu●…orie Beleefe hath no article made up out of any of the Bishops words , Who though he could not keepe intruders out of his palace and possessions , meanes to have no such troublesome inmates in his minde . And since you have sequestred him from his gardens , keepes out of your reach a Tarasse to exspatiate in his thoughts . He commends your eyes that can see so distinctlie such Platonical Idea's as never had existence , yet when you draw too neare commands you to your distance with the same answer that Bacchus did Hercules in the Comoedie for all his club . Me ton emon oikei noun , echcis gar oik●…ian . The Bishops last reasoning is as sound as those before , and in all is there a connexion of those parts which any demonstrative integral can require . To your first impeachment by quaestion I answer . That article of the Covenant beares the seting up of the Scotish Presbyterian government in England which is for a uniformitie in both Kingdomes , if taken with the next that extirpates praelacie viz. Church government by Bishops . For when Praelacie is downe , I pray what remaines , according to your principles , but Presbyterie to set up ? As for Scotish Presbyterie , you have often told us 't is the same with that of all Reformed Churches . And if alltogether be not according to the Word of God , after so many yeares Synods , Conferences , and Letters , what blinde Covenanters you are to sweare a league of life & death upon the like or more uncertanitie of future discoverie by a few unskilfull persons whose peti●… phantastike lights put together must be made a new imaginarie milkie way surpassing in a fermed singularitie of splendour any among the greater & truer luminaries in the firmament of the Church . But I have allreadie shewed how in vaine you aequivocate about that clause , which hath cost your friend Rutherford and others so much paines . What the oath of supremacie imports is evident by the words in it . ( The varietie of sences to catch advantages like side windes in paper sailes which are subject to rend in pieces being the poor policie of Presbyters that dare not stand to the adventure of plaine dealing ) supreme Governer of this Realme &c. Aswell in all spiritual or Ecclesiastical things or causes as temporal . Which the Bishops you see conceald not , though you gratifie your selfe with the observation onelie of the other title supreme head , and accept his explication of it , which yeilding you in your contracted sense ( that might securetie afford him more capital priviledges without encroachment upon Christ or his Holie Curch ) supreme Governer takes in what your Presbyterie will never grant him , all power imperative , Legislative , judicial , coactive , all but functional , Imediate and proper to the ordination or office of the Minister , which , for ought ●… know , if he finde an internal call ●… a supposition drawing neare a possibilitie then likelihood and assurance to have a double portion of Gods gracious power and assistance in both administrations , he not onelie may , but must exercise as did Moses and Melchisedech , saving that without a divine institution in this spiritual function his supremacie exempts him not from submitting his head under the hands of holie Church and taking our Saviours commission with the benediction from her mouth . That Scotish Presbyterie is a Papacie the Bishop requires not to be granted upon his word , but to be taken before Publike notaries upon your owne the political part whereof consists in the civile primacie which ( at least by reduction ) you very confidentlie assume . The Bishops contradiction , which is scarce so much as verbal , will be easilie reconciled by the words of the oath which he reflects on , and his argument good against you , untill without reserves , limitations , or distinctions , you simplie acknowledge the King supreme over all persons in all causes , which would be a contradiction to this clause in your booke of Discipline . The power Ecclesiastical floweth immediatelie from God and the Mediatour Iesus Christ and is spiritual , not having a temporal head in the earth , but onelie Christ , the onelie spiritual King and Governer of his Kirke . Lastlie , No Presbyterian is there in Scotland but counts it sacriledge to give the King what belongeth unto the Church . And whatsoeu'rit is they quit in Ecclesiastike causes is not unto the King , but to King , and Parliament , and the power in both when it informes an Act or statute call'd but accessorie by the Aderdene Assemblers , and ( that we may no longer doubt whom they account supreme ) dutie and subjection from the Prince ) which though spoken by them but of their meeting , must be meant of all causes consultable in their Synods , and is as sensible a truth as words without ambiguitie can render it . Out of all which hath been sayd it must necessarilie follow , that your Covenant hath all the good qualities computed which needs no arithmetical proofe by weight or measure , the praemises ever being coextended , with , and counterpoiz'd by , the conclusion . What you rashlie , if not praesumtuouslie , pronounce of the Bishops judgement doth but vilifie your owne . Qui citò deliberant facile pronunciant . Had you brought a judgement to the contrarie of any learned Casuist to whom his Lordship appeales , or any Divine of note in Europe , which he calls for , your answer had been somewhat more serious and solide , But here your oracles of learning are all silent . We finde it not avowed by your especial brethren of Holland and France , by no approbatorie suffrages of Leyden and V●…recht .... Omnium flagitiosorum atque facinorosorum circum se tanquam stipatorum catervus habet . A guard is hath , but a blake one , such as Catilines league , and how can it have beter , wherein is sworne a conspiracie as bad ? The Bishops following vapours meeting with no suneshine of law o●… reason to dissipate them , will not so vanish upon a litle blast of your breath but that they 'll returne in showers of confusion upon your head . Your secret will to asscribe good intentions to the King hath by some of your packe been very strangelie revealed in their expressions touching Kings , whoss very nature they have declared originallie antipathetical to Christ. This Didoclave avowes as planilie as he can ▪ And when objected by His Grace of Saint Andrewes with your proverbial , yet mystical appendix of their obligation to the Creatuor , not to Christ the Redeemer for their crownes , is so slovenlie answered by Philadelphs Vindicatour , as any man may reade your good wil in his words , & measure the sense of your Synods by his lines , your good opinion of the intentions of K. Charles 1. ( Beside what you imputed to his Praelates ) may be guessed by what , sometimes in print you have asscrib●…d unto his person ▪ An unworthie fellow , your Countrey man that comes runing in hast with the message of your good meaning in his mouth , sayth ; His infamous & Barbarous intentions were executed by sheathing his sword in the bowels of his people ; And this not onelie himselve not impeding , conniving at , and giving full Commission for , in Scotland and Ireland , but in England looking upon with much delight while it was done . And that so faire were negotiations and treaties from retracting him , that it was in publike declared he sayth not by any Praelatical partie ) that he would never desist from thîs enterprise of persecuting Church and Commonwealth so long as he had power to pursue it . Concerning the good intentions of Charles the second , beside what jealousies you expresse by the scrupulous conditions in your proclaemation , your Haghe papers are instancis of your willing asscriptions , which call his answer strange whereby the distance is made greater then before , and farre lesse offered for religion , the Covenant , and the lawes and liberties of your Kingdome then was by his Royal Father even at that time when the difference between him and you was greatest ..... So that it will constraine you in such an extremitie to doe what is incumbent to you . I have allreadie told you the usual consequences of that cursed word , and what good intentions you are in hand with when you utter it . Tyrannie and poperie are twinnes engendred between your jealousie & malice , to which Independencie is more likelie to be the midwife then praelacie , and if by that hand they get deliverie at last , will besure to pay Presbyterie their dutie when they can speake . The painted declarations caries beter sense to them that rightlie understand them , which I am sure is not praejudic'd by any paraphrase of the Bishops . Though agere poenitentiam . Be good councel where well placed ' yet egisse non poenitendum requires it not . If the conscience of the Court continue to be managed by the principles of the Praetates , the hearts of the most understanding shall , if they will be satisfied withall moral and fiducial assurance to have that Religion praeserved which shall by reason and authoritie , aswell divine as humane , in every particular justifie it selfe against all right or left handed sects and factions guiltie of superstition or profanesse , & those lawes observed which appeare now to have constituted the most indifferent innocuous government in the world . Whereas if the conscience of the Court be deluded once into Presbyters hands it will need none of our angrie wishes to be made sensible of the change , when to be sure , it must take religion , like a desperate patient , from a sullen physician in doses of Covenants and propositions not to be disputed , and like a bedlam have lawes given it with a whip . The Bishop drawing toward the end of his discourse puts all the controversie upon trial by that quaestion which if once categoricallie answered would spare much oyle and inke for the future , giving the Magistrate to know that it is not the pen but his sword whereby this difference must be decided . But these spiders of Presbyterie will aswell be spinning webs as spitting poyson , though so thin as can't conceale the uglie shape of their soules , nor that bay which contines the intrinsecal venome of their cause . Though had they the reputation of no better Artists then Master Baylie , the Pallas of Praelacie need not enter on the encounter , but that of Magistracie might in scorne more then envie , teare such wicked worke in peices before their face , and in justice mixed with some litle mercie to beget repentance execute Arachne's condemnation in the fable upon the authours . Of the multitude of untruths which the Reviewer here recriminates upon the Bishop , ( that we may be one take a judgement of the rest ) the want of charitie is very unjustlie made the first , which he should have done well to have supplied in himselfe , and not so senselesselie to intimate a non realitic of religion in those reverend Fathers , who , beside the visibilitie in their practice heretofore , and of their Christian patience in being Martyrs and Confessours for it of late , ever made a profession of that fayth which was consonant to Scripture as interpreted in the primitive purest times of Holie Church . Whereas the censure his Lordship makes of the Presbyterian phantasme is principallie because in their very covenant appeares no reformation intended but according to the word of God , without mentioning any rule or authoritie for the interpretation of that word , beside their owne humours & conceits . And the example of the best Reformed Churches , which best must be that which seemes so unto them , whether the rest yeild to it as such or no , if indeed they meane any , as it may be wel thought they doe not , but themselves , who are so superciliouslie singular from them all , as they disdaine to heare of a inclioration to be had from their example , and such Tyrants over us as they give us no other law nor reason but their pleasure for the reformation they impose , speaking to us in the language of the Pelagians to the Catholikes . Nobis authoribus , nobis principibus , nobis expositoribus , damnate quae tenebatis , tenete quae damnabatis , reijcit●… antiquam fidem , paterna instituta , Majorum deposita , & recipite , quaenam ill●… tandem ? Horreo decere sunt enim ●…m superba , ut mihi non modo adfirmari , sed ne refell ; quidem sine aliquo piaculo posse videantur . The second untruth he sayth is . That Covenanters beare no allegeance to the King but onelie in order to Religion , which notwithstanding is the particular limitation in the Covenant , and when all was granted them but a particle of that by Charles I. they denied to returne to their allegeance without it . And the Crowne of his successour , our gracious Soveraigne , still hangs out of his reach by that thred , which their proclamation tells him in effect shall for ever keep it off till he consent . To the third I replie . That the Rebell Parliaments verbal denial makes the Bishop speake uo untruth , who will tell them as the King himselfe did , That his person was in vaine excepted by a parenthesi●… of words , when so many hands were armed against him with swords , & the Canon knew no respect of persons . The praetenses of a Popish Praelatical , and malignant faction are wip'd away by His Majestie in that chapter , to which I require a Scotich replie . The fourth is grounded upon a very false supposition , which sometimes they will not grant us , nor s●…ould we ( though too many have out of mistake too often ) grant it them , viz. That saving Bishops and ceremonies , the religion of Scotizing Presbyterians and Catholike English Christians is the same , whereas there is neare , if not fullie , fundamental difference in the acception of several articles in our Creed , ( so that though we say the same words , we can not trulie be sayd to be of the same beleife ) in these at least , Christs descent into hell ▪ The Holie Catholike Church ; The communion of Saints ; The forgivenesse of s●…nnes ; Besides several other accessorie tenets , wherein we thinke they detract from the mercie , if not the justice , of God , reveled in Christ and the ordinarie use of his graces restored by our redemption , without respect of persons , unto men . But if here , for their pleasure , they will have the true Church & counterfeit Kirke be the same otherwise then as they are differenced by the corruptions of Bishops and ceremonies , why tried they not the experiment of pu●…ging these with the alteration of the rubrike and their persons , without change of the Liturgie for a Directorie , and the abolition of their office , As their great Pope Henderson once confessed in the Earle of Arundel's tent , when General in the North. That Bishops might have been tolerated in Scotland if their persons had been such as they ought . And the Reviewer himselfe , when he wondred why the Doctours of Aberdene would not subscribe the covenant , being asked by a friend of his if he thought Episcopacie and the articles of Perth unlawfull made this answer , He never thought , nor ever would thinke them so . Whence may be conjectur'd their modest meaning to be this ; That had the Episcopate in Scotland been seasonablie entailed to their tribe , so farre as they could have hindred what they pretie well promoted , their covenanting tables at Edenburgh had been taken downe , and no armie raised to purg●… M●…lignants out of the Kirke 5. The Reviewer sayth , their ●…rmes were t●…ken for defense of just liberties , whereof religion was but one . But then it wa●… one , and th●…t the 〈◊〉 , or e●…e when ●…hey had the Militia 〈◊〉 〈◊〉 to defend 〈◊〉 , why stood ●…hey upon that , which is an argument that merelie for that , w●…re there nothing else in controversie , they might aswell take , as ke●…pe up armes But what shuffling was in this businesse hath been discovered by another . That about liberties M●…ster Digges 〈◊〉 learned●…ie confute●… . N●…r will the Review●… and all his complices be able ●…o 〈◊〉 in any one law of the three Kingdomes that justifi●… the subjects against the supreme power in defēce of any liberties by their armes . Saint Austin and all good Christians were of another minde . I●…a a ple●…ibus Principes , & a servis domini ferendi sunt , ut sub exercitatione tolerantiae sustineantur ●…emporalia & sperentur aeterna . Which I therefore cite not , as if I tooke it to be the Covenanters case , who did , and might have continued to enjoy all just liberties witho●…t any such defense , Yet had they not , they should have ponder'd many beter politike maximes among the heathen such as this i●… Plutarch cheiron●…inai monarchias paranomo●… polemon emphylion and that of Plinie in his Panegyrike . Quanto libertate discordi servientibu●… situtilius , unum esse cui serviant . The other horne of the Bishops dilemma is as sharpe , and it need be no sharper then the former , The danger whereof makes the Reviewer keep his distance , first not daring positavelie to assert the lawfullnesse of taking up armes for religion . And then muffling himselfe in his cloake , invaine hoping he shall not by this argument de gored unto the quicke . His spitting Atheisme in the face of Reason the native image we beare of God , will set no wisemē on gaping for extraordinarie revelatiōs , nor his false translating the Bishops sense into mere apprehensions and uncertaine conceptions make him , or theirs of his minde , worse then Pagan Sceptikes in Religion . His Lordship I beleeve , grants no such p●…stvlate as the Reviewer seemes to looke for . That every Scotish Mas. is a Moses , & every persecuting Presbyter , before Gods judgements have humbled him to his conversion , a Saint Paul. He conceives their Catechisme or Directorie can passe for no Pentateuch nor Apostolical Epistles and sayth they beg the qu●…stion that take it to be the Gospell . He argues , That in asserting the lawfullnes of taking armes , they justisie the Independents that supplanted themselves , whose new light shines as much like that from Moses's face as they Presbyterians n●…w doctrine sounds like the oracles he received in the mount . That the Anabaptists in Germanie were no more Enthusiasts then the Anabaptists in Scotland , who null the powerfull operation of the sacrament , and for ought we know , may be nulls in the missionarie power to administer it . That Iohn of Leyden & his ●…rue could not be more mad then Iohn Kno●… and hi●… , nor could they have lesse reason fo●… their militarie proceedings . His Lordship is so farre from placing the summe of Religion in every simple apprehension , that he desires the authoritie of the Chuch should take place of his conceptions untill the truth , if different from tha●… doctrine , which is unlikelie were seald to him by some internal impression of Gods spirit . What every man is perswaded in his conscience to be divine truth he would have him praeferre before other mens apprehensions of a contrarie religion . Yet if that perswasion be dissonant from what was generallie among the primitive Christians , he would not that he should mistake himselfe to have a singular infallibilitie , nor a transscendent commission , above that of Christ and his Apostles , to take armes & force all men to his beleefe . The most certain truths , even these divine ones in religion , if His Lordship doth not , which I did not aske him , I doe thinke to be in many men that praetēd to that supernatural grace called fayth , were uncertaine conceptions , or inadvertent praesumptions , finding few so considerate of their very principles in Religion as to build them upon any so much as that subordinatie moral certaniti●… they might doe with good endeavour , fewer live so devoutlie as without it can reasonablie suppose God miraculouslie infuseth his revelatious to assure them . Therefore though all the truths of Christian Religion , wherein controverted , are reveal'd from heaven . Yet I thinke we are to looke a great way backe for the persons by and unto whom , immediate inspirations being now adayes very rare , nor doe we live much like the holie mortified men that were wont to have them of old . You know what Saint Ma●…tin told the Divel when he appear'd arrayed like a King , and would be taken for Christ come in triumph upon the earth . Ego Christum , nisi in ●…o habitu formaque qua passurest , nisi 〈◊〉 stigmata pro●…rentem venisse non credam . He would not beleeue ●…im to b●… come till he saw him in the habit of his sufferings . So when we see you qualified like his disciples , wise as Serpents not craftie as foxes , harmelesse as doves , not rapacious as harpies , patient like sheep , not ravening like wolves . Delivered up to Councels , not excommunicating in Synods , scourg'd in Synagogue●… not disciplining without mercie in your Churches . Brought before Governers and Kings for Christs sake , not bringing Governers and Kings to mocke-tribunal●… for your owne . Then tell us of Divine truths , the beleefe of Moses and Saint Paul●… revelation from h●…ven , and we will hearken to you as Angels , whom now we take to be no beter then the haereti●…es who Vincēt sayth are ranequaedam & cyniphes , & muscae mori●…urae , such contemptable creatures as croking frogs , gnats , and dying flies that would buzze what mischiefe you can before you leave us , and make the oyntment of the Apothecarie stinke with the corruption of your writings when you are dead ; The second part of your apologie is most false both thesei kai hypothes●…i 1 ▪ Because subjects have no armes , while the Magistrate is in being to hold the sword , put into their hands to defend their religion and liberties how legallie so euer established , They have onelie pleas by that law to claime them , and petitions of right or aequitie to put up unto the Magistrate to maintaine them . 2. If they goe beyond defending themselves in their religion and force others to enter into their league & covenant though contrarie to their conscience , this is no other th●…n planting of religion by armes . And if the difference in any point of religion be such as to state the Magistrate in a condition to be put to death by his subjects , as it doth , in your sense , when he joines in worship with Papists & Praelates , whom you make idolarers . and idolatrie death unpardonable ; this is cutting the throates of all Magistartes . And this is maintained to be just and to have the ground of Gods ordinarie judgement by your Patria●…ch Knox. And to be imitated of all those that praeferre the true honour of the true worship and glory of God to the affection of flesh and wicked Princes . Your hypothesis is false , because the religion and liberties of your Covenant in England were never established by law , and what was so established was never usurped by Papists Praelates and Malignant●… , And if it had been , from so good a King redresse had probablie been procured upon just complaint without taking armes . To your third I replie , That the Bishop gives no judgement , makes no mention of the Protestants Armes in France Holland and Iermanie , compares them not with the Anabaptisis in Munster or Sectaries in England . If you can once perswade them to espouse your quarell , ( for which you have begg'd long enough at their gates by this time ) or publish a parallel between your taking up armes and their owne , the praelatical partie will make no difference between you , but give alike judgement against you all . In the meanetime the maximes they give are rational and divine , & they are brutes or Atheists , divested allreadie of all religion and reason , who praeferre them not to the Presbyterian enthusiasmes , who give out for Michael the Archangels revelations what counterfeit impostures Morpheus puts of to them in their dreames . Touching a general Councel , with a wish for which Hi●… Lordship piouslie concludes , No Covenanters goe before him , nor will set one step after him in that desire , who most uncharitablie make three p●…rts of fower in the Christian world Antichristian , and ●…o no constitutive members of such a meeting . An oecumenicke Synod of Protestants would un doubtedlie condemne them , which is most shamefullie praejug'd to approve of the rebellion and murder in their Covenant . Nor can their Principals , in honour , be silent at such an horrid impious praesumption publickelie printed & imputed to them . The Bishops & his brethren have declined no solemne assemblies of their owne countreyes ▪ those so called were factious schismatical conventicles ▪ illegallie gathered & composed of such mus●…romes as how numerous soeuer , durst not admit of twentie Praelatical Divines into debate , lest they should be squeez'd into a litle spungie earth & winde ( their originals ) having no substantial worth or abilities to support them . You need not pray the Warner to speake unto the question you put , since you have his answer before hand without asking , viz. That its worth the enquiring ( even in such an Oecumenicke synod ) whether the markes of Antichrist do●… not agree as eminentlie to the Assemblie General of Scotland as to the Pope . He mentions some that plainlie doe , & meanes , it may be as much of all the rest . To the charge in a Christian Councel they would answer . That they are able to evidence before God & the World , That all bloud & miserie drawn from , & brought upon , the former King & his Kingdomes must be cast upon the Covenant & General Assemblie in Scotland , who will never cease to embroyle all in new calamities untile they be destroyed . That if this King & his whole familie resolve not to prosecute Gods cause , which the former did with much Christian courage unto the death , they hazard the tearing their crownes into more peices then the miters , & the demolition of their thrones beneath that of the Praelates chaires , To conclude all . The Reviewers breath , though violent enough , becomes in vaine so definitive , as to perpetuate persecutions against the providence of God , whom the Bishops looke upon as a potent Protectour of Kings , & a mercifull repairer of the breach made in his Church by their owne ruines . Their resolution , may be justlie peremptore to persevere in their opinion of the Scotish Presbyterian crueltie to be such That as they , have bur●…ed their Bishops alive , conniv'd at , & if , not countenancd , the Massacring their Kings ; so their endeavour will not be wanting to scater the ashes of ●…e Royal familie & three Kingdomes on their graves , Though their consistorian fourmes , & repenting stooles with other luggage be next cast into the flames first kindled by themselves . The mysteries of their religion being murder & dead monuments such as never made those heathen the summe of whose devotion Clemens of Alexandria comprehended in two words . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 FINIS . Errours to be amended . Epist. Ded. pag. 3. line 18. Reade , she or her Ancients . Ans. to Ep ▪ Ded. p. 2. l. 8. for common shoare , r. com . fewer . Ibid. l. 9. for power , r. paper . p. 3. l. 6. for and , r. &c. p. 6. l. 16. for comfort , r. confort . l. 38. for burning . r. warning . p. 7. l. 18. for both , r bold . l. 36. for must . r. most . p. 8. l. 20. r. deceitfull lovers of themselves there are . p. 9. l. 35. r. two or three such words as . p. 11. l. 32. for late , r. babe . p. 16. l. 13. for Reviewer , r. Reviewes . Acolut . p. 8 l. 13. for own , r. owned . p. 13. l. 30. for otherguede , r. otherguesse . p. 19. l. 37. for literal , r. liberal p. 20. l. 8. for apposed . r. opposed . p. 21. l. 15. it del●…atur . p. 22. margin , for Chaldaeos , r. Culdaeos . p. 26. l. 10. for then , r. they . l. 11. for all r. a. p. 29. l. 1. for Hierambicorum , r. Hierarchicorum . l. 25. for buselie , r. basilie . p. 31. l. 30. for in that , r. & that is . l. 41. for anomia ergapiria , r. anomias ergasteria . p. 37. l. 17. for stake , r. sticke . p. 38. l. 19. for acknowledge , r. acknowledged . p. 40. l. 2. for reasonable , r. treasonable . p. 45. l. 19. for Vnitglupte●… , r. Vuygeastein . p. 48. l. 36. After Oecumenical , adde Councel . p. 53. l. 37. for asgle r. aire . p. 59 l. ▪ 24. for acconsequential , r. unconsequential . p. 60. marg . for to excom . r. no excom . p. 60. l. 29. for too rigid . r. to rigid . p. 64. l. 32. for halls r. heeles . p. 68. l. 20. for triel , r. Ariel . p. 72. l. 11. for then , r. them . p. 73. l. 3. for as , r. is . p. 78. marg . for vicitie , r. nicitie . p. ●…0 . marg . for 1493. r. 1593. p. 81. l. 34. r. ( though but in the time ) Ibid. marg . r. The Bishops Sunday toleration . p. 48. l. 10. pro libra , r. litera . Ibid. l. 12. for jura r. dura . p. 85. l. 1●… . for papists , r. pupills . l. 3●… . for its . r. in . p. 86. l. 14. for coloural , r. colourable . Ibid. marg . r. Scotish Presbyterian reformation from &c. p. ●…7 . l. 7. for latewarmnesse r. lukewarmnesse . l. 13. for too . r. 100. p. 88. l. r. for session , r. cession . l. 14. for Murre , r. Marre . marg . for Ruthuer , r. Ruthuen . p , 92. l. 21. for servidi , r. fervidi . p. 94. l. 9. for scrive . r. transscribe . p. 57. l. 1. for then , r. them . p. 101. l. 39. for superintended , r. superintendent . p. 11. for masters , r , maters . marg . for contracted , r. confuted . p. 117. l. 14. guerts . r. Masters . p. 121. l. 6. for indiscreet , r. in discreet . p. 122. marg . fuos , r. suo . p. 126. l. 9. for on , r. or . p. 127. l. ●…1 . r. from whom I expect &c. p. 142. l. 39. for cession , r. succession . l. 40. for successis , r. successio , p. 145. l. 40. for Autorani ei , r. Autouranici . p. 148. l. 39. for & r. &c. p. 149. marg . for sudunt ... astragatus , r. sudunt astragalis . p. 152. l. 35. for pallea , r. paleae . for Affltu , r. Afflatu [ with no point before it ] p. 127. marg . for togodaedali , r. logodaedali . p. 153. marg . for odificentur in rumam , r●…aedificentur in ruinam . p. 155. l. 41. for manitates , r. inanitatis . p. 157. l. 16. for if , r. it . l. 41. for mission , r. omission . p. 159. l. 40. for doubte , r. double . p. 16●… . l. 14 ▪ for forming , r. foming . p. 163. l. 1. for too , r. so . p. 165. l. 13. susplicates , r. supplicates . pag. 169. l. 6. r. to the Bishop . pag. 175. l. 83. for to , r. so large . Ibid. marg . for a estes quos sidem ea vocant , r. testes quos sidemen vocant . for minus ▪ r. munus . p. 177. marg ▪ for spirationes , r. conspirationes . p. 175. for many leaves , r. may leave . p. 180. l. 5. for quae , r , quia ▪ p. 181. l. 26. for quis pium , r. quispiam . p. 182. marg . for homonymus subscribentiam . r. homonymoos suscribentium . p. 185. for momseia , r. monscia Aristoph . p. 187. l. 38. for up to , r. unto . p. 188. l. 14. for which , r. with . p. 191. l. 14. for guistnesse , r. guiltlesse . p. 155. l. 15. for fermed , r. feigned . l. 34. for neare , r. nearer a possibilitie then likelihood , p. 157. l. 13. for faire . r. farre . marg . for Cosque , r. Eosque . p. 198. l. 11. for bay ▪ r ▪ bag . l. 35. for inclioration , r. melioration . marg . for vide , r. vive . for se short causes , r. see short confes . p. 200. l. 40. for Anabaptists , r. Abaptists . p. 201. l. 16. for were , r. mer●… . An Alphabetical Principal Table of the Contens . A. THe Disciplinarians rebellious proceedings in their persecution of Arch. Bp. Adamson . Pag. 43 Poenitent adulterers not necessarilie to be put to death . 169 Litle aequitie in the Reviewers debates & treaties . 190 Alteration in Religion or Church Government unsave & sinfull while conscience is doubtfull . 95 They may be feared to be unchristian that call us Antichristian . 145 Trivial debates among Scotish Presbyters about apparell . 125 The Reviewer dares not speake out to the Bishops quaestion about taking armes for religion . 198 That & Libertie no justifiabîe praetenses for taking armes . 201 The Pr : Scots that did , no more excusable then the Anabaptist in Germanie . 200 They are planters of their misse-named Religion by armes . 202 K. Ch. 1. had just cause to march with an armie toward Scotland Ans. to Ep. Ded. 9 The Pr. Scots had none for their invading England Ibid. 11 Their General Assemblies Disobedience to the Kings command . 1●…79 . 12 The incohaerent excuses therof . 13 The rebellious Assemblers at Aberdene 1605. 16 Appeales in Scotland to the King. 32 And so the ultimate of them every where elce . 41 The proceedings against them no other then legal . 17 Wherein the E. Dunbar c●…ried himselfe impartiallie and noblie . 23 Assemblies summoning the people in armes upon the trial of Popish Lords . 92 Collusion and violence in the election of Members for Assemblies . 133 Why so many Burgesses and Gentlemen in them . 134. 135 B. TReason by statute to impugne the authoritie of Bishops , being one of the three Estates . 19 Bishops perpetuall in Scotland . 21 The calumnie against the three Bishops consectated by the Arch - Bishop of Canterburie refuted . 22 How the Difference hapened between the E. Argile & the Bishop of Galloway . 141 Our Bishops contest not with King and Nobles . 140 Their praecedence and place neare the throne . Ibid. Officies of State. 141 The Antiquitie , &c. Of Bishops justified very judiciouslie by Dr Ier. Tayler , Whose booke is an antidote against the poyson of all the Reviewers objections . 102 Bishops Apostles . 106 Evangelists , Prophets , Pastours . 107 Doctours . 108 Bishops & Ceremonies no burthen . 187 The Bishop of Derrie's prudence , no boldnesse in the publication of his booke Ans●…to Ep. Ded. 2 Very seasonable . 1 In it His Lordship is no slanderer of the King. 4 Blackes rebellious case . 53 Balcanqual , Bruce & other Ministers guiltie of raising the tumult . 56 Blaire and his complices justlie banished out of Ireland . 51 B●…thwells notorious crimes . 61 Bruce's bold speach to the King about E. Huntley . 63 The Bishops appeale in the Assemblie at Glasgow not derogatorie to the Kings personal praerogative . 45 C. CAlderwood's ridiculous reverence of Bruce's ghost . 139 E. Cas●…ls demeanour Ans. to Ep. Ded. 1 Canons infirming the Reviewer to be an accuser of the Bishop . 48 Publike catechizing of Masters and Mistresses indecent . 171 Not very necessarie before their receiving the Sacrament . Ibid. The Kings Chaplanes use no Court artifice , but what becomes such reverend worthie persons in their places Ans. to Ep. Ded. 4 A proposition of trial to be made whether Christ's scepter must be swayed by Bishops or Presbyters . 100 The difference between us & the Church of Rome about ceremonies . 98 Iurisdiction of Commissaries . 52 The Kings Commissioner how offronted in Pr S●… . Synods . 134 Ri●…t in Scotland to get downe the High Commission Court. Which was not so tyrannical as the Pr. Consistone . 173 Wherein is more rigour then other where among the Reformed Churches . 174 The adventurous concessions of K. Ch. ●… . extorded by the necessitie or difficultie he was brought to . 104 K. Iames's dislike of the Scotish short confession . Many unjustificable practices about it . 14 Conscience not bottom'd onelie up on divine right . 95 Contrarietic of commands at the same time ordinarie under Scotish Presbyterie . 114 The Reviewers fallacie to salve it in the case of the French Ambassadours . 115 His ignorance of the true stated controversie between vs and the Church of Rome . 8 His cunning in altering the true state of that between the Bishop and himselfe as in many places so . 30 K. Ch. I. invaded not the Scotish Consistorie , his condescensions leaving them contended . 90 The Reviewers uncharitable interpreting Mr. Corbets's end a punishment from God. 3 Particulars about framing the English-Scotish Covenant . The persons by whom &c. 177 How dishonourable it is to the English that approved it . 179 The Reviewer's abominable affected falshood in defense of it . 180 His impudence in preaching at the Hage that nothing at all had been objected against it . Ans. to Ep. Ded. 7 How destructive it is to the Royal line . Ibid. 12 How the same with that of K. Iames 1580. 183 How it divers from it 184 Foraigne Presbyterians asham'd to countenance it . 196 The ambiguitie of the words in it leaves religion to the libertie of their conceits that take it . 198 Covenants unlawfullie taken are more unlawfullie kept . 177 The Praelates decline not the judgement of Councels . 202 No inhaerent right in Courts to nominate Commissioners for intervalls . 123 Spirituall crueltie in the prayers of Scotish Presbyters . 125 Their temporal crueltie , as much as they praesume , may by Gods providence be restrained . 203 The Court conscience will , if the experiment be tried , soon finde the difference between the Episcopal and Presbyterian Clergie . 197 D. NO defensive armes for subjects . 40 Court of Delegates neither unbeseeming , nor unreasonable . 43 K. Iames's Declaration 1584. How by His Majestie subscribed . 51 The Pr. Scots imprudence as well as injustice &c. in delivering up K. Ch. I. to his murderers . Ans. to Ep. Ded. 14 The old grudge that mov'd them to it . Ibid. 15 The same newlie conceived against K. Ch. II. Ibid. 15 The difference between Vs and Scotish Presbyterians is more then in Bishops and ceremonies . 199 The Sc. Discipline omits what the ancient Canons had among the cases of Ministers deprivation . What it hath conconcernes more Presbyters then Praelates . 67 It playes the tyrant over the consciences of the people . 124 Divine attributes pro●…aned in asscribing them to the Discipline and Assemblie Acts. 100 ovenanters missetake the Discipline for Christs institution . 180 ●…o legal establishment in Scotland of the first booke of Discipline . 18 K. Iames's consent to the second booke of Discipline how improbable . 24 They anticipate the law in the exercise thereof . 27 The English Discipline long since setled by law in Scotland aud our Liturgi there used . 1●…3 That of the Pr. Scots obtruded upon England . Ibid. Divine right pleaded for Presbytere frustrates all treaties . 96 Episcopacie wants no Discipline aequivalent to that in the Scotish Presbyterie . 175 Our doctrines about real praesence , justification , free will , final apostasie , praedestinatîon , breif●…ie touched . And a quaestion propounded about Davids case . 98. 99 Dowglasse that murdered Capt. I. Stuart kill'd in Edenburgh high street . 21 E. OUr Episcopacie not reputed Antichristian by other Reformed Churches . Ans. to Ep. Ded. 3. 50 K. Ch. I. suspended the jurisdiction of Episcopacie in Scotland for no crimes . No full and free Parliament that voted it downe in England . 9 Episcopacie no obstruction to the Kings peace . Why it may not be lay'd aside . 40 What right it hath to become unalterable . 94 The reasons of K. Ch. I. well bottom'd . 95 Some particulars about the historie of Scotish Episcopacie . 111 Abolition of Episcopacie is not that which will ever give the Pr. Scots satisfaction . 165 K. Ch. I. in his largest concessions yeilded not unto it . 188 The assertours of the Magistrates just power misse call'd Erastians by the Reviewer . 6 Erastus●…s Royal right of Church government can not untie the Kings conscience if streightned . No●… is that onelie it the Bishops praetend to . 97 The Sc. Discipline exempts not Kings from being excommunicate . 57 Excommunication not mean'd by delivering up to Satan . 110 Ignorance no ground for the execution of it . 172 The Scotish Presbyters practice touching excommunication litle lesse rigid then their canon . 227 The inconveniences that follow to be imputed rather to the Kircke then State. 128 Impunitie no good ground for excommunication . 61 The Kings pardon quitting poenitent malefactours . 65 F. SCotish Presbyters much too busie in private families . 175 Fayth not so common , if such a grace as ordinarilie it is defined . 201 Church Festivals not legallie abolished in Scotland . 18 Crueltie toward fugitives . 129 G. GIbson's insolent speaches unto the King. 21 The Assemblie's juggling in his case . 52 Gilespie's theoreme for resisting Magistrates disclaimed by no Assemblies . The substance of it the sense of many . 37 The King why concerned to be cautelous in his grants to the Presbyterian Scots . 5 The Bishops Office entirelie authorized in the Assemblie at Glasgow 1610. 23 H. THe proceedings against D. Hamilton's late engagement discussed . 70. 71. &c 115. 117. &c. Mr. Henderson's speach of Bishops . 199 E Huntley's case truelie related . 61 I. K. Iames a greater Anti - Presbyterian then Anti-Erastian . 64 The Praelates title to Impropriations and Abbey lands beter then that of Presbyters . 137 Presbyterian indulgence in cases of sedition and rebellion . 47 Their monstrous ingratitude for the too liberal graces of K. Ch. I. 104 The Kings concessions to the Irish more justifiable then the other could be to the Scotish Presbyterian demands . 146 The Pr. Scots endeavours to impose their Discipline upon England . 5 The Assemblie at Westminster having no power to authorize it . 6 Many of the Presbyteries in Scotland have very unfit & unable Iudges . 174 Iurisdiction Ecclesiastical floweth from the Magistrate . 34 Sc. Presbyters usurpe Civile jurisdiction . 69 No power of jurisdiction in what the Reviwer misse interprets the Church . 108 Nor in a companie met together . 109 K. THe election of a King not originallie justifiable in any people . ●…64 K. Ch. I. not inclinable , though by counterfeit promises praevail'd with to cast himselfe upon the Presbyterian Scots Ans. to Ep. Ded. 12 His writings not interlined by the Bishops . The Reviewers commendation of them unawares Ibid. 6 K. Ch. II. hath expressed no inclination to the Covenant . If any praeventiv●… disswasion of His Majesties from 〈◊〉 hath been used by the Praelatical partie , it was a dutifull act of conscience and prudence . 149 His Majestie can not so easilie , will not so readilie grant what his Royall Father denied . 191 Scots Presbyterians never seriouslie asscribed any good intentions to K. Ch , I. nor . 2. 197 L. MOre learning under Episcopacie then Presbyterie . 150 The King supreme Legislatour . 193 The Bishops share in making lawes ▪ as great as any one of the three Estates . Ibid. Our Li●…urgie why read . A parallel of it with primitive formes fiter then with the Breviarie . 156 The Church of Scotland hath had a liturgie not onelie for helpe but practice . 160 The Presbyterians hypocritical use of it . 161 M. THe Magistrates definitive judgement in Synods owned by the Reformed Divines both Praelatical and Presbyterian . 28 Sc. Presbyterie will have Magistrates ▪ subject to the Kirke . 120 Presbyters why against clandestine marriages . 166 Consent of Parents how to be required . Ibid. No obedience due to them commanding an unjust marriage . 169 The Bishops cautelous in giving license for clandestine marriages . 170 Gods mercie in praeserving Arch-Bishop Maxwel falsified by the Reviewer . 3 The businesse about the Spanish Merchants sophisticated . 80 Sc. Presbyters controllers in the Militia . 79 The power of it in the King. 186 P●… . Ministers rebellious meeting at Mauchlin moore . 119 They exceed their commission . 121 Their power with the people dangerous to the government . 122 Their rebellious proceeding in the persecution of Arch-Bishop Montgomerie and Arch-Bishop Adamson . 43 The murders & other prodigious impieties acted by the Sc. Presbyterians in prosecution of their ends . 82 The scale of degrees whereby they asscended to the murder of K. Ch. I. 38 Which might have been foreseen by their propositions , never repealed ▪ 76 Murder may be pardoned by the King who hath been petitioned in that case by the Disciplinarians themselves . 60 N. THe King 's negative voyce justified as well in Scotland as England ▪ 77 What is the power of his affirmative . 78 The Sc. Presbyters gave the occasion and opportunitie for the Nobles to get the Ecclesiastike revenue . The Episcopacie more then titular they kept up . 15 Presbyterie more oppressive to the Nobilitie & Gent●…ie then Praelacie . 130 Noblemen why chosen Elder●… . 131 Where such , how slighted by the Presbyters . 139 O. SC. Presbyters assume the arbitration of oeconomical differences . 68 The Officers appointed by Christ in his Church need not be restrained to the number of five . Nor those taken to be the same the Presbyterians would have them . 106 The Officials Court a more comp●…ent Iudicatorie then the Classical Presbyterie . 132 No power of ordination in the Presbybyterie . 108. 142 No comfortable assurance but from Apostolical succession & Episcopal ordination which Presbyterians want . 〈◊〉 The Sc. Presbyterians trial before ordination more formal then truelie experimental of abilitie in the persons . 1●…0 The qualification different from that required by the Bishops . 152 The original of the pretended oath taken by the King ▪ for securitie of the Sc. Discipline . 163 P. THe Sc. Assemblies decrees to be ratified by Parliament . 24 As those of our Convocations . 32 Presbyterie makes Parliaments subject to Assemblies . 120 The Parliament of Scotland in no capacitie to make demands after the murder of the King. 163 Presbyterie hath no claime to the Church partimonie given by Episcopal founders and benefactours . 25 Their disputes with Princes about Church revenue . 63 The original right of patronage in Lay persons . 136 Peirth Assemblie 1596. 111 Provision under Episcopacie against the povertie of such as are ordained . 153 The Praelats still of the same minde they were about the rights and priviledges of Bishops . 103 Reason of bidding prayer before sermon . 159 In the Ca●…on forme is no prayer for the dead . 160 S●…t formes of no use to beginers that pray by the spirit . 161 The gift of prayer in the Pater Noster . Ibid. Presbyterians divided about prayer . 162 The injuries by extemporarie prayer . Ibi. Presbyteries when , and how , erected in Scotland Bishops to praeside in them . 20 Christianitie at its first entrance into Scotland brought not Presbyterie with it . 22 Fallacie in the immediate division of religion into Presbyterian & Popish . 53 No authoritie of Scripture for the many practices of Scotish Presbyterie . 10●… Litle knowledge , labour , or conscience shewed in Presbyterian preaching . ●…54 Scotish Presbyterians beter conceited of themselves then of any other Reformed Church to which yet they praetend a conformitie in their new model . 198 K. Iames's speach concerning Scotish Presbyterie . 30 How a King may , and whe●… , exercise the office of a Priest. 195 Sc. Presbyteries processe for Church rents . 3●… The same fault under a different formalitie not to be twice punished . 126 Q. K. Iames's 55. Quaestions . 111 R. REading Ministers usefull and justifiable in our Church . 154 The Praelats doe not annull the being of all Reformed Churches . 143 Though they have no full assurance . 144 The Reviewers speach of Bishops and Pei●…h articles . 199 The Church of Rome true , though not most true . 145 A rigid separation from her in many things needlesse . 146 Assemblies can reforme onelie according to canon , not the canon . 84 The Primitive Christians reformation different from that of Sc. Presbyterians . 85 That of the Church of England began rather at K. Edw. VI. then Henr. VIII . ●…6 The Parliament can not reforme without the King. 18●… Resistance against the person of the Magistrate can not be made inobedience to his office . 35 Reviewer willfullie missetakes the scope of the Bishops booke . 45 His barbarous implacable malice against the dead . 49 A riot under praetense of taking a Priest at Masse . 91 Abetted by Knoxe with his confessed interest in many more . 92 The Pr. Scots must bring beter markes then their ba●…e words for revelations . 201 S. FOraigne Presbyterians tolerate more libertie on their Sabbath then ●…e Bishops on our Sunday . 50. 125 The hypocritical superstition of the Sc. Presbyters in the sanctification of their Sabbath . 81 Offenders quitted to be admitted to the H. Sacrament without publike satisfaction in the Church . 126 False measures &c under colour of scandal not to be brought into the cognizance of the Church . 66 All civile causes are brought before the Presbyterie under the pre●…ense of scandal . 170 The Pr. Scotish partie inconsiderable . 2 They gave beter language to our Bishops heretofore then of late . 8 Carefull Christians will finde litle leisure on weeke dayes to heare many sermons . 157 Sermons not to exceed an houre . 158 Those that are Rhetorical may be as usefull as many mee●…lie Textuarie . 159 S●… . Claud Somais no Countenancer of the late Kirke proceedings Ans. to Ep. Ded. 4. 111 The Sc. Presbyterians coordinate two Soveraignities in one State. 113 Two Scotish Kings at one time avouc●…ed by A Melvin . 114 Capt. Iames Stuart vindicated at large . 87 Superintendents aequivalent to Bishops 23 Imperious supplicates from the Presbyterie . 26 Rebellion the subject of most . 165. 179 The Kings supremacie impaited by Presbyterie . 27. 195 Placed upon the People . 29 Scotish Presbyterie overthrowes the right of the Magistrates convocating Synods . 10. 30 Synods where the Magistrate prohibited them . 31. 36 Receiving appeales not the principal end of calling Synods . 132 Noblemen to have no suffrages in them but when sent thither by the King. 134 T. THe by tenets of the Discipline . 3 The Texts of Scripture urged against Episcopacic , for Presbyterie , answered . 105. &c. The Presbyterians treason at Ruthuen . 88 At Striveling . ●…9 V. FAmilie visitations commendable aswell in orthodoxe Priest as Presbyters . 173 The Reviewer much in love with the uncleanlie metaphore of a vomit . 176 W. ACcording to the Word of God a more dubious and frivolous limitation in the Covenant them heretofore in the oath for Episcopacie . 181 FINIS . Notes, typically marginal, from the original text Notes for div A65261-e2530 My reason for refuting his Epistle . The Rewiewers vanitie in giving titles inconsistent with the praesent condition & practice of his Lord. The Earle of Cassils no late Illuminate . No credit for his familie to be commended by Buchanan . Very Improper to style Buchanan Prince . a Legitimi regni gravissima pestis . Praet . ad Dial. de jur . Reg. b The Reviewers sermon divinitie . c He may well count it an advantage to have the E. Cassils his Judge . d An honour for the Bp. to be calld by the Rev : unpardonable incendiaire . The Rev's uncleanlie language . Aristoph . Plut. The active boldnesse of the Scotish Presbyterians in Holland , &c , a The three headed monster in controversie b Sen. Her. Fur. c The Scotish Discipline vrey different from that in Holland & France . d No Reformed Church calls regular Episcopacie Antichristian . e Many eminent persons in those Churches have approv'd of it Vindic : of K. Ch. p. 125. Apost . Instit . of Episcopacie . Episcopal declinations different from Episcopacie . Presbyteriâ aberrations . the same with Presbyterie . The praesent concernment greater to reveale the Scotish Discipline , thē refute old adversaries of Episcopacie . a Sr. Claud Somays likelie to be no great friend to the Discipline . b He offe red no dispute with the Kings Chaplaines about Episcopacie . They transgresse not the dutie of their place by informing the Kings conscience about . The Primi●…ive Doctrine & Discipline . Eikôn Basilikè cap. 14. Praeservation of the Church . a Pardoning the Irish & toierating their Religion . b Eikôn . Basilikè . conscience , honour , reason , law . c Inclining his mind to the Counsels of his Father . d Cant. 4 4. e Eikôn Basilikè penned wholely by ●… . Ch. ●… . not a syllable of it by the Bishops . f God not they the supporter of the Matyr'd King. a The hard-hearted Scotish Presbyterians . b Holmebie the fatal praecipice to K. Ch. 1. c Endeavours to make it such to K Ch. 2. d His best way to praevent it is consorting with his Fathers booke . e Wherein is divine wisdome & Counsel . f Ps. 72. g Gods providence in ordering his commendations of this booke to proceed out of the mouth of the Reviewer . h The Reviewers seasonable advertishment to the King. a K. Ch. 1. no Presbyterian in heart no●…●…ongue at Newcastle & the Isl●… of Wight . b His papers to Mr. Henderson against it . c No Bishop No King. d Ovid. Met. lib. ●… . sab . 1. e The Reviewers false profession in publike contrarie to conscience & vulgar knowledge . f The 〈◊〉 speach now printed in effect . No necessitie for the Scots to enter into a Covenant which is . No oath of God but the Devil . No wonder why the lovers of the King are no Covenanters . a The Cheat of the Covenant . b The Scot-Presbytirian open unkindnesse that is treason against the late King. c Bishops in other Reformed Churches . d The Revie●…ers in constancie . a K. Ch. 1 never justified the Scotish contests . b Eikōn Bas●…like Ch. 13. c The King may bring an armie to the Scotish borders . d A lawe above Dunce law . e Liturgie & Canons contrarie neither to the lawes of God nor Scotland . f The Reviewers brag K. Ch. 1. gave the Scot●… too easie conditions . a He had good reason to raise a secound armie against them . b The Scots successe at New bourne opened not a passage for them to London . c The Pr. Scotish Rebellion copied by the English. d K. Ch. 1 his raising an armie a signe of divine providence . e The Rebells faint in their faith notwithstanding the revelations they pretend to . f The Presb. Scots coming in no condition of the peace a Their guilt made them feare a third warre . b Their worke of supererogation in inter●…eding . c Their Remonstrance . d They mediate for no reasonable accommodation . e Were never slighted nor rejected . f Were justlie denjed . g Covenants the common road for factions . h Remonst . about the Treaty in the Isle of wight . The Covenant destructive to all the Royal line . The charge against K. Ch. 1. taken out of the Pr. Scots Remonstrance . The Presb. Scots wicked Impostours , no messeangers of Christ. The Kings partie not subdued when His Majestie left Oxford . The King not necessitated to cast himselfe upon the Scots . He had promised all reasonable satisfaction before . His Religious adhe rence to his old oathes . The King●… presence migh : best have composed the divisions in Scotland . Isai. 32. 17. His garrisons surrendered upon the counter . feit professions of the Pr. Scots . They ob●…ine no termes satisfactorie to the King. Their injustice , unkindnesse imprudence Their deliverie of the Kings person was a selling him to his Enemies . They might have prevented the murder that followed . Ier. 51. 7. They were not readi●… to the utmost of their power . An old grudge the reason why they were not . S. Matth. 27. 24. The Kings not granting all demands . They beare the like grudge against K. Ch. 2. * In libro Cap. 1 - The Reviewers politike flaterie . Ecclesiast . 12. 6. Notes for div A65261-e9930 The unseasonablenesse of the Scots coming to the King at the Hague . Iob 26. 9. Iob 16. 16. The seasonable successe of the Bishops Warning . The Scotish Presbyterians an inconsiderable partie . Sen Con●…rov . Iob 8. The Bishops method apposite to his matter . His proofe 〈◊〉 by tenets His allegations confirm'd by others . The Reviewers rash & uncharitable judgement about the ends of Mr. Corbes & Arch-Bishop Maxwell . His vanitie in mentioning the frequent impressions of his books His language more bitter then the Bishops & his hast greater to vent it . No regard wanting in the Bishop to Scripture nor reverence to th Reformed Churches . Nor respect to the Magistrate and lawes . The Bishop no slanderer of the King no●… his Royal Father . Eikôn Basilikôn ch . 17. The Reviewers seasonable advertissement about the Kings late offer , to the Scots . No resh presumption in the Bishop . The Scots endeavours to impose their discipline upon England . K. Ch. 1. in no harmonie with the Presbyterians . All Protestants implied to be Erastians as well as the Episcopal by Mr. Baylie . The Reviewer not acquainted with the late controversie between us & the Papists . No Canterburian designe but what was forged at Edenburg . Basilikdor . The Scot●… heretofore gave no so bad language to the English Bishops . 1. Pet. 5. 2 Though they acted enough against their Bishops a●…●…me . Ierr. 8. 22. The crimes alleged not the grounds of K , Ch. 1. his concessions against Episcopacle in Scotland Episcopacie in England not put downe by a legal Assemblie , & Parliament Notes for div A65261-e11990 The Reviewer knowes not good logike when he meetes with it . The Bishop not ignorant of the way of the Scotish Discipline . The Reviewers Sophystrie . The Bishops meaning about the Kings power in chusing Elders . Ecclesiastike lawes . The head of the Church . Assembles are the Kings arbitrarie Couns●…s . The Bishop had reason to instance in particulars . The Assemblie contest with the King about his command . Conf. at Hapt . Court. A●…d . Melvin Epist. ad Th. Bez. 1579. K. I & his Nobilitie against the Discipline . Vindic. Epist. Hieron . Philadelph The Reviewer & his brethren agree not in their storie . Duo foliae dila●… erata & in ignem conjecta . Geor. Con. De duplic . stat . Relig. apud Scot. lib. 2. ..... ministri cū omnia ex suo suorumque arbitrio pendere , savente & annitente imprimis Buchanan●… , cernerent , &c. K. I. his dislike of the short Confession . Many unjustifiable practices about it . Vindie . Epist Hieron . Philadelph . Archiepis . Fan , S. Andr. Pa. 1 77 Archiepis . Fan. S. Adr. Epist. ad Theod. Bez The reason upon which the Nobilitie maintained Bishops . Pseudo-Episcopatu . The Presbyterie the Cause of the Nobilities keeping the revenue of the Church . Episcopacie more then titular by the Covenanters acknowledgement . The Bishop too courteous in passing over 27. yeares storie meane , base , & abject persons , who were never any way remarkable as men of great gifts Decl. of His Majesties Co●…nc . Imperfect policie alterable at the Kings pleasure . The Priviledge of Assemblies limited . The Legal proceedings against the Aberdene Assembler●… Their obstinacie . The Church festivals abolished in Scotland by no just Authoritie . The primitive Christians observ'd them Orat : of the Protest . of Scotl. to the Q. Reg. 1558. The Bishop not mistakē in the Scottish Chronologie . What kinde of Presbyteries were erected by K. Iames & his Commissioners , & to what purpose . Bishops to praeside in them . Declar. 1582. The abuse of the Kings indulgence by the Presbyters . The E : of Arran no wicked Courtier . His bloud reveng'd . Bishop Bancroft Dang . Posi●… b. 1. Gibsons bold speaches to the King. Perpetuitie the Bishops in Scotland . The Reviewers long reach for the antiquitie of Presbyters . ...... facile est credere Victore●… Pomificem .... in Scotia reperisse multos quos salutaribus undis expiaret alios quo●… Judaizantium in fecerat error . G. Con. De dupl . stat . Rel. apud Scot. lib. 1. Multi ex Britonibus Christiani savitiam Diocletiani tiementes ad eos [ Scotos ] confugerant è quibus complures doctrina , & vitae integritate clari in Scotia substiterunt , vitamque solitariam tanta sanctitutis opinione apud omnes vixerunt , ut vita sanctorun cellae in templa commu●…arentur . Ex eoque consuetudo mansit apud posteros , ut prisci Scoti templa c●…llas vocent . Hoc genus Menachorum Chaldeos appellabant mansitque nomen , & institutum donec Monachorum genus recentius in plures divisum ectas eos expulit Buchan . Hist. lib. 4 Episcopacie intirelie authorized in the Synod of Glasgow Vind. Epist Hitr. Philadelph . Superintendents aequivalent to Bishops . Presbyters not to have Synods as often as they list , nor doe in them what they please . The King consented not to the second bo●…ke of Discipline . K. Ch. 1. Larg . Declar . 1633. pag 411. Refutat . libel . De Regim . Eccl. S●…ot . The Bishop no hypocrice in his chalenge about the patrimonie of the Church . 1. Book D●…sc . 6. head which be longs not , by haereditaire right to the Presbyters . Let. o●… K. Ph. & Q. Mar. Ann. 1559. The Reviewer is the hypocrite . Mainten . of the sanstatie . pag. 10. The Disciplinarians declaration of their judgements in their impudent & imperious supplicats . They anticipate the law in the exercise , of the Discipline . Hieron . Philadelph . de Regim . Eccles. Scot. Epist. Iren. Philaleth . Narrat . mot . Scotic . Their doctrine as destructive as their practice . Ovid. Met. lib. 3. sub . 4 2. Book of Disc. ch . 7. 2. The Bishops Super-Erastianisme the doctrine of the Reformed Churhes Ad Dissert . De Episc. Constant. M. Ph. Par. Vindic. propos . 8. D. Par. N. Vedel . De Episc. Const M. q. ●… . The practice of the good primitive Emperours . Har. Syn. Belgic . c. 10. Altar . Damasc. pag. 15. Renounced by none of the Scotish King. The Reviewers malice not any Prelatical principles doth impossibilitate ( as he speakes ) the peace betwixt the King & his Kingdomes . Conf. at Hampt . Court. The Disciplinarian doctrine & practice against the Kings power to convocate Synods . ▪ Pag. 41. De Episcop . Constanst●… M. 2. B. of Disc. ch . 10 Cap. De primar . Reg. Epist. 43. De Impersum Pot. cap. 8. Constantin . De Ario. The ultimate determination of Ecclesiastike causes by the lawes of Scotland is not in the general Assemblie . No more then in the Convocations of England . Appeales to the King in Scotland . Court of Delegates against neither word of God , nor aequitie . All causes agitated in Scotish Assemblies . Processe about Church rent . Letter to the Gen. Assembli at Sterling Aug. 3. 1571. Reviewer declines answering about the legislative power . Danger in asserting the divine right of Ecclesiastike jurisdiction Hug. Grot : . De Imper. Sum. Po●… . Scotish D●…natist . Polit. Anglic . Ad Reg. Iac. Sozomen . Eliens . De Episcopat . Constant . M. Disciplinarians call resistance against the person obedience to the office of the Magistrate The Reviewer too bold with his Majestie . The Disciplinarians no companie for the Primitive Christian . The Revi●…wers cunning in passing over what he dares not , can not answer . His unkindnesse to his brother Gilespie whose theoremes are the doctrine of the whole Presbyterie Harm . Sy●… . Belg-cap . 1 Gilespie's theoreme the rule of the late Disciplinarian practice . a Nec enim dissimulabant foederati , nimis di●… apud Scotos regnatum esse Monarchis , nec recte cum illis agi posse Stuarto vel uno superstite Hist. M. Montisros ▪ No defensive armes for subjects . Episcopacie no obstruction to His Majesties peace . See the learned & judicious Digges upon this subjects . Notes for div A65261-e21430 Appeale in Scotland from a General Assemblie neither irrational , nor illegal . Altar . Damascen . 3. Paper An. 1574 The Rebellious , & insolent disciplinarian proceedings against the too Rt Reverend Arch - Bishops Montgomerie , & Adamson . Answ. to the Prosession & Declar . made by Marq. Hamilt . 1638. Vindic. Epist . Hier. Ph●…ad . Supplicum lib. ●…rum Magister . Se p●…sse salv●… Reg●…s imperio de causa t●…ta cognoscere . Larg D clar . pag 308. Marg. not upon Potest . of the Gen. Assemb . a●… Edenb . Crosse Decemb . 18. 1638. Qui occasione laeti palinodiam ei per vim expressam , sed in - numeris a se locis inter-polatam typis publicarunt . The Bishops Appeale not derogatorie to the Kings personal Proerogative . The Reviewer mistake●… the scope of the Bishops warning . Ch. 5. v. 1. Notes for div A65261-e22670 Sedition , & rebellion not censur'd by the Discipline . Hist. of Reform . 4. booke . Scorish Presbyters mounting in halls schooles &c. An. 436. Ancient Canons against Ministers accusers of their br●…thren . Reviewer no competent witnsse against Bishops . He will not be at peace & chariti●… with the dead . G●…alth . Epist. Erast. Aug. 3. 1570. Nor speake any truth of the living . Spanheims speach about English Bishops The Kings booke of recreations farre short of what other Reformed Churches tolerate on the Lords day . Vindic. Ch●… . Phila●…d . Blaire & his companions justlie banished . K. Ch. 1. larg . Dec. 1639. pag. 324. The Discipline . in Scotland different from Geneva . King Iames Declaration 1584. Part. 3. An. 1684 The Bishops consequence good from Commissaries ●…o Civile Magistrates . Fucus ad fallendum simpliciores , vel potius illudendum Ecclesi●…s pag. 404. Altar . Damas●… . The Assemblie jugling in Gibsons case . The Bishops relation of Mr. Blackes case vin●…cated & enlarged . Hamp . Cour●… . Co●…s . Rom. 6. 1. Ephes. 6. 16. Hebr. 11. 36. Nescio quid nec quando , sed multo ànte Vind. ep . Philad . L. 1. c. The od . de Relig . De Imper. sum . Potest . circ . sa●…r . cap. .9 Nam eo ●…ēporc summā fuit Ecclae concordia & authoditas , ut aulici ab ea , tametsi Regia gratia niterentur , timerent , Vindic. Ep. Chr. Philad . Let to the Q. of Engl. Iul. 16. 1561. The Ministers guiltie of the tumult . Decemb . 17. 1596. * Vasius Notes for div A65261-e25690 The Rev. impertinencie or cunning in altering of the state of the quaestion . Let : of the Congreg . to the Nobles of Scotland 1559. De Imper sum . Pot. cap. 9. Disciplinarian intentions never better then their words Eccles. 8.4 . No th●…nkes 〈◊〉 to them for not excommunicating their Kings . The Ancient Father●… quit peccan●… Kings of all humane censure Apos . Gent. adv . Notes for div A65261-e26340 The Bishops reasonning not unconsequential . Aristoph . Nubes . Bloud the seed of the Discipline . Esai . 1. 15. Mercie Gods attribute , & so the Kings . ●… . Book Discipl . 9. head . Presbyters sollicite pardon for murder . * Rigour to be preached &c. under none but impious or negligent Magistrates ; so excommunication for impunitie . E. Huntleys case wholie minted in the Assemblie . Bothwells notorious crimes . R. Bruce's speach against E. Huntley First fruites &c. witheld from the King as much by the Presbyters as Pope . An. 1587. Contradiction about tithes . pag. 57. Patronages . Presbyterian rebellion , & tyrannie . Rejoycing at the sequestring the Church patrimonie . Qui jactare non dubitârunt se Epis●… . plygin ●…airian inflixisse . * A●…tar . Damasc. p. 3. K. Iames anti-presbyterie . No Donatist . Ep. lector . A●…tar . Damascen . Georg. Con. De Dupl . Stat. Relig. apud Scot. lib. 2. Notes for div A65261-e28200 Their latitude of scandal . 8. 9. Malefactours pardoned not to be excommunicated . False measures , &c. maters of civile cognizance . The Reviewers 30. yeares experience no argument of Presbyterian honestie . Their Canons not the same with those of the ancient Church . Victorem Romanum Epum circa annum Dui 200. legimus Coenae usu●… interdixisse injurias condonare nolentibus T●… . Erast. thes . 7. No canon against rebe●…lion , nor deprivation of rebellious Ministers . Presbyters as peccant as Bishops . Ch. 2. 11. 29. 9. Revel 17. 5. 8. 2. 3. 2 S. Pet. 2. 13. Their exercing civile jurisdiction Their eoc●…nomical superintendencie . Preaching personalli●… against Princes . Knox : Hist. Lib. 2. Their proceedings in the late engagement . St. Matth. 12. 43. Declar. Iul. 21. 1649. Isai. 63. 15. Prov. 12. 5. Ps. 50. 16. Isai. 61. 2. 11. Isai. 8. 20 ▪ Prov. 13. Ianuar. 6. & 29. 1649. 1. Tim. 4 , 2. 1. Kings . 22. Heb. 12. 16. Scot. Mist. dispell'd . Ierem. 901. Isai. 58. Edenb . 12. May. 1649 posts●…r . Scottish mist Dispell'd Hendersons Prophesie Pap. to K. Ch. I. I●…n . 3. 1646. Esth. 4. 14. Presbyters Declaring against Parliament debates . The Kings negative voice proper to be debated in a Scottish Parliament . Ans : to both Houses upon the new propositions and the 4. bills 1647. Why opposed by the Presbyters . Eic . Bas. Ch. ●…1 . The Kings affirmative voice . Hug. Grot. De Imper. Pot. cap. 8. No such vicitie need be us'd about mominating officers . Ch. 4. The Presbyters destructive demurr●… . Scot. Mist. disp . The Reviewers impertinencie in the successe of the Spanish Merchants . As. Dund . 1493. The Presbyterian zeale for the 4. Commandment hypocritical cover for their breach of the rest . Prov. 11. 9. Recreations resections to fit us for spiritual duties . Rob. Bruc'es motion to alter the Sabbath . The Bruc'es Sunday toleration not so large as the Reformed Church's abroad . The monst●…s impietie of the Presbyterians in prosecusion of their ends . Lib. 5. 1560. Lib. 3. Assemblies have no power to summ●…n contrarie to the Kings proclamation . Cantic . 8. 6. 7. Contradiction . The Assemblies can reforme onelie according to canon , not the canon . 2. Tim. 2●… 23. 24. Ancient Assemblies reversed no Civile lawes . Euseb. Reformed no haerefies with out the Emperour . Henrie the eight's reformation the occasion not the original of ours . Scotish Presbyterians from the begining schisme . None but they have declared Bishops & ceremonies unlawfull . Ch. 6. ●…8 . Ch. 9. 3. Capt : I. Stuart vindicated . The treason at Ruthuer . Saint Iam : 4. 16. S. Matth : 11. 12. The King can not be sayd to invade the Presbyter : Consistorie . Rev : 1. 18. Prov : 24. 2. c. 27. 20 Tert : De Praeser : advraescr haere●… . c ▪ 42. Arch-Bp . Lauds Armenianisme & Poperie the doctrin . of scripture and the Fathers . Prov. 25. 23. Advers : hares : cap : 16. Ariote under praeteuse of taking Priest at Masse . Avetted by Knox & improid to a rebellion . Vit : Eliz. Ao . r 563. Assemblie's summ●…ning the people in Armes upon the trial Popish Lords . Notes for div A65261-e33460 Isai. 57. 20 Power of order and jurisdiction . The midd , l●… Apostolical right of Episcop●…cie . Conscience not bottom'd onelie upon a divine Right . Rom. 1. v. 2. ch . Alteratio●… unsate and sinfull while conscience 〈◊〉 doubtfull . The reasons of K. Ch 1. against a change ▪ Peace . Antiquiti●… . Vnivers●…litie . The considerable approch of Church discipline to doctrine . Paternal government . Communion with Christians . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ch . 17. Ius divinum of Presbyterie frustrates all treaties , excommunicates all Christians threatens all Princes . Isai. 40. 23. 24. The Reviewers perverting the Bishops doctrine . Erastu●…'s Royal right abused in a Sophisme . Sen : De Clem ●…l . ●… . c. 20. The consequences from Episcopal principles not such as praetended S. Matth. 4. 9●… Difference between us and Rome 〈◊〉 ceremonies . Prov. 10 , 31. Real praesence & corporal different . Hist : Mot. Iustification . S. Matth. 13 ; 45. Free will. Deut. 30 ▪ 19. Final Apostasice . 1. Cor. 10. 12. Phil. 2. 12. A quaestion about Davids case . Rubrike in the confirmation . Christ as King of his Church appoints lawes &c. H. Grot. Hanc none magis licet Ecclae mutare quàm mutar●… licet ipsam scripturam Vindic : Eplae Philad . By whom his S●…pters is to be swayed . Vincent . Lyrin : advers : haeres cap. 14. English Episcopacie ●…t d●… by the more for ward Presbyteri●… . B. Discipt . 4. head . The treasure thereof to be found as well before as after the years 800. Dr. Ierm . Taylor . Can. 2. The Praelates still of the same minde they were . Declar. B. 2. Dang . Posis . Not the Court but Citie Divines devest Bishops . Sen : De Benef. lib. 2 cap. 7. S. Matth. 7. 9. 46. 17. The Reviewers detestable ingratitude . De Benlib : 3. cap. 16. The texts of scripture against Episcopacie discussed . Prov. 26. 4. & 5. 〈◊〉 . 20. Besho●…p are ▪ Apostles . Lib. advers . haeret . cap. 32. May be call'd Euangelists . H. Grot. Proleg . ad Matth. Should be prophets . In 1. Cor. 12. H. Grot. Why Pastours . Apostles superiour to Apostles . Euangelists Coadjutours . Doctours Bishops . haeres . 75. Dr. Tayler Episcop : assert . No power of Ordination in the Presbyterie , 2. Tim. 1. 6. No power of Iurisdiction in the Church . Confirma . Thes. lib. 4. c. 5. De Verb. Dom. hom . 15. Iohn Morell excommunīcated for this doctrine . No power of jurisdiction in a Companie met together Delivering to Satan ●…hat . Why Blondel &c. are not answered . Somais fare well to the Pre●…byterie . The Scottish presb . may be contracted out of their owne storie . Revel . 20. 12. K. I.'s . 55. quaestions non plus'd them . Episcopacie recovered ground in Scotland . Vindic. Epist : Philadelph . Whence they had not been legallie ejected . Psalm 137. Psalm . 1. Revel . 2. 7. Notes for div A65261-e37940 The Reviewers slender shift . Ier. 8. 17. The Presbyterians , not Praelates coordinate two Soveraignaties in one state . Two Kings in Scotland . Not God onelie but his Anoynted likewise to be obeyed . St. Matth. 26. 25. St. Luke 9. 23. Contrarie●…ie of Commands very frequent in Scotland . The Reviewers fallacie Humble petitions &c full of threats . The Church-chasing and excommuniting for the late engagement . The untruths are the Reviewers . Notes for div A65261-e38590 Prov. 6. 2●… . The Rev. eares not for hearing of the late engagement . P●… . 69 : 23 ▪ The 8. desires of the Church neither just nor necessarie . The Ch. of Scotland hath no libertie to declare against King and Parliament . Iob. 5. 13. Prov. 17. 24. Heb. 11. 39. Ephes. 2. 2. G●…l . 1.8.9 . Lament . 4. 20. Cortradiction between the Revie . margin and text . The l●…vie was offered to be stopped . May 11. 1649. Lib. De Ircap . ●…lr . Ministers in armes . Not cens . by the Commissioners of the Kirke . S. Pet. 2. 16. v. 13. Presbyterie makes Parliaments subject to the Assemblie●… . 2. Book . discipl . 1. ch . Heb. 1. 14. Ps. 104. 4. Ier. 14. Isai. 42. 1●… . Ministers power with the people dangerous if seditiouslie bent . Th. Capanel . cap. 18. Ps. 45. 5. Ipsis Cardinalibus and ●… . P. max●…ormidabilis suit , diremita aut unyt principes & subditos suos arbytratu . Ps. 12. 4. E●…k ▪ Bas : cap. 17. Sc. Liturg. p. 87. V. 18. Is●… . 66. 24 No in haeren●… right in Courts to nominate Commis●…ioners for intervalls . Haggai 1. 6. Notes for div A65261-e40640 The Presbyterie a tyrannie over the consciencies of thepeople . Censures upon slight grounds . Scot. Lit. Rom. 8. 15. Prov. 1. 26. Spiritual crueltie i●… the prayers of Presbyters . Sc. Lit. p. 196. 1. Pet. 5 ▪ 8 , Our Sabbath recreations shorst of those in other Reformed Curches . Trivial debates ●…and ▪ articling against habits . Kno●… Hist. The same fault under a different formalitie not to betwice punished . Lib. De Fi●… . & Op. cap. 2. Offenders quitted to be admitted to the H. Sacrament without publike satisfaction in the Church . 1. Cor. 11. The Scotish practice touching Excommunication litle lese rigid then their Canon . Ps. 74. 21. Sc. Lit. p. 100. Master Iohn Guthri●… Bishopp of Murcay . The following in convenients to be charged rather upon the Church then state . * Qui●… a tempore quo ut lagatus est caput g●…rit lupinum , ita quod ab omnibus inter fici pos●…it & impuné Bracton . Crueltie toward fugitives . Notes for div A65261-e41850 The Presbyterians as outragious as the Arians . Bryehatai epipriusae ten odonta Rescript ad Arium & Arian . Presbyterie more oppressive to the Nobilitie and Gentrie the Praelacce . The Reviewers co●…nterfeit of Presbyterie inverted . Wisdome pietie , and learning not so common in Elderships . The Nobilitie & Gentrie abused when chosen Elders . Schulting Steinwich Hierarch Anacris : Lib. 2. Deut. 22. 10. Doctours at law more fit judges then unstudied Nobles or Gentlemen . Synods ●…ot to besummoned to receive lay appeales . Collusion & violence in the choyce of Members for the Assemblie . Master David Michel ▪ Laird of Dun. L. Carnaegie . Why so many Burgesses & Gentlemen . The laitie to have no decisive voyce . Perth Proceed . Master Andrew . Ramsey . E. Argile . The King or his Commissioner hath litle power in Assemblies Protest of Gen. Ass. Nov. 28. & 29. 1638. Nov. 28. sess . 7. E. Rothes . Necessitie of appeale . Exod. 23. 2. Prov. 10. 2. Sam. 18. 9. Pap. of 10. prop. before M. Hamil●… arriv . 1638. Why Knigts and Burgesses so numerous . Lib. 3. demonst . c. 14. The original of patronage . Coras . Glas. Temporale spiritualli annexum . Altar . 〈◊〉 ▪ 2. B. Dis●…ch . 12. * Pl. in Carcul ▪ A. 5. sc. * Calophanta est qui honeste quidem loquitur , sed ●…ujus facto ab ora●…ione discrepant . Par. Alciat &c. The Praelates title to Impropriations and Abbey lands beter then the Presbyters . * Gen. 25. 25. Pro. 20. 25. The Revi●…wers praevaricati●…n . 6. head . Ch. 9. April 24. 1576. Sc. Decl. 1642. Append . Prov. 26. 28. 129. 5 Noble Elders slighted by the Clergie . See Let : of the Congreg . to the Nobil . of Sc. 15●…9 . L. Sempil . Lib ▪ 2. Calderwoods rediculous reverence of Bruce's gost Cujus anima , si ullius mortalium , sede●… in coelestibus . Ep. Ded. ad A●…tar . Dam. Manias Ca●…amo Constant : in Rescript Our Bishops contest not with King & Nobles . Their praecedence , & place neare the Throne . 1. Tim. 3. 4. & 5. Offices of state . How the difference hapened between the E. Argile and Bishop Galloway . Presbyterians heterodoxe . Tert. De Praescr . cap. 32. 1. No Ordination but by Bishops . 2. 3. 4. Altar ▪ Dam. cap. 4 5. No comfortable assurance but from Apostolical succession and Episcopal ordination . De Praescr . cap. 32. Reliq uos verò qui abs●…stunt a principali successione , & quocunque loco colligunter sucspectos 〈◊〉 &c. Walo Messal . 6. Kakos hermeneus a●…tochrema eikon te kai andrias es●… to●… 〈◊〉 . Rescr : ad Ar. The Praelates doe noe annull the being of all Reformed Churches . Ps. 82. 1. They use ●…ot the Sophisme of the Iesuits . * This word dulie was lest out by Henderson in his recital of K. Ch. 〈◊〉 words to this purpose Answ : to 1. pap . Ep. 7. Ad. Symrn. 1. Pap. to Henders . Heb. 7. 25. 26. Rom. 14. 23. The Reviewers malic●… in publishing what the Bishop had deleted & perverting it ▪ They may be doubted to be un-Christian that call us Anti-christian . The Church of Rome not most true . Nor hath she the most easie way of salvation . Rom. 11. 33. Ier. 32. 19. Separation from her in many things needlesse . En apodeixei pneumatos kai dynameos . 1. Cor. 2. 4. Artic. 1. Febr. ●… 16. 9. Artic. 3. The Presbyterian Scots more bloudie then the Irish . Chapt. 4. Whose Libertie of religion was limited . Places of trust saffer in the hands of Papists then Presbyterians . Artie . 29. Kings cannot ratifie too well what they promise , if just .... Sed qui juramentis sudunt sicut pueriastragatus Pet. ad . Alter . Dam. Parliaments not be stay'd for in extremities if they can not be call'd at present . The King never express'd his inclination to Covenant ers . His Kingdomes ruïne rather to be embraced then his souls . Vers. 26. Prov. 26. 13. More learning under Episcopacie then Presbyterie . Humano capiti cervicem pictor qui●…m . The Bishops trial before he ordaineth more serious then the Presbyters 4. head pag 14. they propose him a theme or text to be treated privatelic , whereby his abilitie may the more manifestlie appeare unto them . 4. Head. Neither judge we that the Sacraments , can be rightlie Mistred by him in whose mouth God hath put no Sermon of exhortation . 1. B. Disc. 4. head . The ●…apistical Priests have nei●…er power nor authoritie to Minister the Sacraments of Christ Iesus , because that in their mouth is not the sermon of exhortation Ib. 9. head . Alter . D●…masc . Schoti●…h heterodoxe divines not comparable to the Orthodoxe English . Admittunt ad Ministri●…m indignis●…emos sartores , subulcos . & infimad●… faec●… homines , modo sint togod●…dali &c. C. Schulting . Hier. Anacris . Lib. 1. Tert. De Praescr . cap. 1. Quod non ide●… scandalizariopo●…cat , quod qui prudentissimi odificentur in rumam . Bishops commended by the Reviewer to be suspected . Presbyt●…rie how the cause of ignorance , contempt and beggery . Provision under Episcepacie in England against the beggerie &c of the Priests . Puritanical Bishops make an ignorant Clergie . Cho. 7. v. 10. 11. 12. Our Bishop ●…o Purchaser by h●… parsimonie . Litle knowledged abou●… or conscience shewed in Presbyterian pr●…ching . Eccles 5. ●… . 1. S●… . 15. ●…2 . Reading Ministers usefull and justifiable in our Church . Eph. 4 14 ▪ 4. Head. for Readers . Preaching without booke approved by our Praelates . That within booke not to be disparaged . Epist. 4. Lib. ●… . The Liturgie why read . 2. Tim. 2. 15. 16. A parallel of it with primitive formes beter then with the Brevia●… . Praelatical Doctours not yet so much for preaching a ▪ Presbyterians . 9. head . Verbi praedicatio de bet esse quasi anima liturgiae . Alter . ▪ Dam. c. 10. Ibid. Esa. 56. 7. Pucrile est ut mihi vide●…ur aliter facere Ibid. Gal. 5. 10. Divine Service . Carefull Christians will finde litle leisure on weeke dayes to heare sermons . Q●…●…d cr●…ina quae 〈◊〉 declara●… Ministrie ●…b illis qui pe●…nt 〈◊〉 a●…t consolation●…m , relinqui●… conscientijs Ministrorum &c. Disc. Eccl. Reformat . Regni Fran●… . Can. 25. Catechizing beter then preaching in the afternoon found . 9. Head. 〈◊〉 sermon con venient but not absolutelie necessarie See Hook. Eccles . Pol. 5. Book . Sermons not to exceed an houre . . 〈◊〉 of bidding prayer be●… 〈…〉 ●…ap . 〈◊〉 . Vt non inveniamur discordes in ingressu ad preces ante ●…oncionem faciendas , visum suit utileuniformibus verbis uti ... Concio etiam fin●…etur uniformiter verbis Marc. c. 6. No prayer for the dead in our Canon . The Church of Scotland hath had a liturgie not onelie for helpe but practice . Knox Hist. 1. B. Ib. B. 2. 1. B. 9. head . Decl. Ch. Sc : Praes . The hypocritical use , of the Common prayer booke in Scotland . Set formes of no use to beginners that pray by the spirit . The gift of prayer in the Pater Noster . S. Iud. v. 13. Presbyterians divided about prayer . Hist. 4. B. Synod Holland . & Zeland 1574 Artic. 38. Herm. Synod . Belgic . cap. 11. The injuries by extemporie prayer ; 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 cap. 16. Sen. Ep. 40 l. 1. 5. B , of Ec●…l . Pol. Heb. 12. 1. The Parliament of Scotl. in no capacitie to demand after the murder of K. Ch. ●… . Ps. 51. Habak . 1. 13. Review changeth the words of the Procl . The original of the oath for securitie of disscipline . Knox. Dowglas Row , Craig . Kn. Hist. B. 5. Dial. D e Iur : Regn ▪ ap . Scot. The choyce of a King originallie not justifiable in any perpl . Cum sit & ordini naturae consentaneum , & omnibus prop●… omnium gentium Historijs testificatum . De Iur. Reg. M. Montr. Decl. 1650 Abolition of Episcopacie will not give the Scots satisfaction . Sen. H●… fur . P. Iun. 1. ●…ay 22 Henders . 1. Pap. to ▪ K. Ch. 1. ●… . R. Disc. 9. head . Nature robbed of her Praerogative by Presbyterie Inclina tions to marrie not all wayes devine motions . Consent of parents . † Vt cun que in Scripturis determinatum sit & jure Civili de consensu parentum ; In Ecclesiasticu tamen curijs obtinet jus P●…pale Canonicum qu●… definitur consensu●… parentum de houe ●…ate non de necesitat●… Et quod Matrimonia deben●… esse libera , & non pendere exali●… no arbitrio Assert : Pol. Christ. * Lib. 2. De Regn. Christ. Dordorac . 1574. artic . 81. 1578. The injurie done to Parent ●… by Presbyterie not justifiable in reason . Buchan . Ta cathec●…nta hoo●… epipantais schesesi parametreitui . Enchir. c. ●…7 Terent Andr. act . 1. Sc. 5. Act. 5. Sc. 3. 1. B. 9. head , No obedience due to parents requiring a injust marriage , Ep. S. I●…a . v. 9. Prov. 14. 5. 2. Cor. 12. 14. ●… . Tim. 4. ●… . Po●…itent A dulterere not to be put to death . ●… . Iohn , ●… . 2. Cor. 12 , 7. 1. Book . Discpl . 9. Head. The Bishops cautelous in their warrants for claudestine marriages . In nuperis constitndinibus anni 1603. videntur praesules Anglicane abunde cavise Alter . Dam. c. 70 Ao . 1588 S●…hulting Reprehens . Synod . Middelb . The Reviewers shamelesse denial of a know'n truth about impeding civile proceedings . Contr. E. pilam Phi●…adolph . Publike catechizing of Masters & Mistresses indecent . 1. Cor 11. 28. Lit. Ch. c. p. 215. 13. 5. De Praeser . c. 10. If they know not how to pray neither wherein their righteousnesse sands or consist●… , they oughs not to be admitted to the Lords table . 1. Book . Disc. 9 head . Ibid. Excommunication of the ignorant without war●… ▪ 〈◊〉 . Ex●…taxestho de me 〈◊〉 ephiloneikia e tini toiaute aedia tou episcopou aposynagogo egegenentat . Can. 5. Chr. Iustel . Familie visitations commendable aswell in orthodoxe Priests as Presbyters . Ib. Disc. 9. Head. Riot in Scotland to get downe the High Commission . Larg . Decl. The Kings palace and Parliament fallen with that in England . More comfort because lesse rigiour in the reformed Elderships abroad . Answer by Letter . Many of those in Scotland have very unfit , unable Iudges . Episcopacie want no aequivalent in Discipline . Oeconomis testibus Synodalibus & Collectoribus in Ecclesiastcke paroeciana rudera quaedam functionuu●… diaconorum & seniorum relicta vel potius imposita sunt . Alter . Dam c. 12. Synodales aestes , quos sidem eavocant , qui in inquestionibus morum & visitationibus adjunguntur Oeconomis Oeconomi sive Gardiani Ecclesiastikae quorum minus est pro eo anno .... inordinateviventesinquirere , monere scandalos●…s , ordinario praesentare &c. Ibid. E●… . Angl. Pol. Isai 53. 7. Notes for div A65261-e51310 Reasons why the Reviewer is so much in●…lined to the metaphor op a vomit Tous ischnous kai evemeas ano pharmacevein ... tous de dysemeas kai mesoos eusarcou●… cato . 4. Aph. 6. & 7. G. moching Compend . Insti●… . Med disc . 5. Vn lawfull Covenants not to be keept-Ou●… epiorkein phobe●… menous t●…ute para to●…n the●…on timorian , kai ten para tois anthrapois aischynta . Egar ou●… omeitai , e hotan omnysin euorkesei . Per hoc jurament●…m spirationes & conjurationes & pleraque in iqua & aequa confirmari solent Cardan . Terein au●… ten chreian on tois anagcalois ham●… kai timiois . Hiorocl in Carm. Pythag . Prov. 30. 19. Covenants ordinarilie minted in Scotland not in England . Nor can such after-contracts devised & imposed by a few men in a declared partie without my conse●…t and without any like power or praecedent from Gods or mans lawes &c. E. x. Bac●… . Ch. 14. proque bus arduis & urgentibus neg●…tijs s●…atum & de●…ensionem Regni nostri Angl. & Eccles. Anglie concernentibus .... Cum Praelatis Magnatib . &c. colloquium habere & tractatum . The extract of a letter-shewing by whom the Covenant was devised . The Rebells desires were impositions . Nullum privilegium Parlamenti concedi potest proproditione felonia aut ruptu●…a pacis . 17. Ed. 4. Rot. Pa●…l . num . 39. The Covenant 〈◊〉 urable to the English. The nullitie of it . Ioan. Gutierrez De Iuram : confirm . part . 2. cap. 2. ex Al●…iat ▪ The Reviewers . Abominable falshood . Iudic. Oxon De sol . lig . sect . 2. Ps. 145. 1. 7. Covenanters take the Discipline for Christs institution . Ans. to the Declar. by the Parl. angl . Aug. 25. Let. to the Gen. Assemb . S. Iul. 22. it . 42. Vindic. Ep. Philadelph . Protest of the Noblemen , Barons &c. 1638. According to the word of God , a more dubious & frivolous limitationing the Covenant then hereto fore in the oath for Episcopacie . 1548. Ministri Regia authoritate compulsi aut subscribere Epali tyrannidi , aut in carceres aut exilia abir●… ▪ Multarum ministrorum tuncse prodidit imbecillitas instauratae Ecclae ty●…annidi homonymus subscribentiam adjec●…a limita●…ione am●…igua vel potius suti●… nempe secundum ●…erbum Dei &c. Ep. Phil. ●…nd . ●… Gutier●…ez De Iu●…am . Con-●…rmpar . ▪ 1. ●…ap . 71. ●…ium . 5. See Surv ▪ of the praet ▪ holie Disc. Vid. Discus . Eccles. Disc. R●…pel ▪ edit . 1584. The Covenant how the same with that of K. I. 1580. K. Ch : 1 , Larg : decl●… 1639 : pag : 177 : Protest . ag . Kings Proclam . 1638 How it differs from it . Epiphyllides taut esti kai stomylmata chelidonoon momseia . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 14. K. Ch. 1. Larg . decl . p. 15. &c. The English Discipline long since setled by law in Scotland , and the Liturgie there used The Pr. Scotish never so in England , but obtruded . Mot. Brit. Vix audebat rex eis de postulato ab nuere propter Scotos &c. p. 28. Vocationem lubenti animo amplectuntur ut pote ●…d idem prius proclives . pag. 4. Answ. to the let . sent by the Ministers of Engl ; Aug ▪ 5. Ps. 62. 9. The power of the Militia is the Kings . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 10. H. Grot. lib. De Antiq . Reip. Batav . Answ : to both Houses 1647. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 10. Bishops and ceremonies no burden . See Treat . of Cerem . before Com. prayer booke Hookers Eccl. Polit. Dr. Tayl of Episc. Bishop Andr. let . to Molin . &c. To paronaci bari tois hypecoois . Th●… . Salusi . Bell Catil . Parliament can not reforme without the King. Isai. 50 11 The concessions of Ch. 1. not so larges praetended . K. Ch. 2. not obliged to confirme them . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 17. Ibid. Nov. 18. 1648. at Newport . K. Ch. 1. immove●…ble from Primitive Episcopacie . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 17. Answ. Nov. 18. 1648 Newport . Nov. 20. Vna opera ebur atramento cande●…acere postules . Pl. Most●…l . The Reviewers sophistrie . K. Ch. 2. much beholding to the Reviewer ▪ He can not so easilie , will not so readilie grant what his Father denied . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 27. Ibid. Ib ib. Ibid. Ibid. Ch. 17. Ch. 14. Ibid. 〈◊〉 . ●…9 . 1. Rev. 7. 14. 17. The King supreme Legislatour Answ. to both Houses 1647. The Bishops protestation not injurious to Kings Lords nor Commons . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 9. H. Grot. Ano. 681. Lud. Aur. Peras . See True Repraesent . of the Proceed of the Kingd . of Scoth . since the late Paecif . &c. pag. 31. 2. Book Discipl . 7. Ch. The Reviewers beleefe is no confession of the Bishops . Aristoph . Ran. Scotish Presbyterie is that meant in the Covenant ●…bongh dissembled . Which detracts from the Kings supremacie . 2. B Disc. 1. Ch. Statutum Parliamenti esse solum quid accessorium , & civilem approbation●…m esse tantum Christiani Principis officium subjectionem suam Christo & Ecclesiae debitam testantis Phil. Eplae Vind. Foraigne Presbyterians ashemed to justifie the Scotish Covenant , The Scotish Pr. never serious●…e asscrib'd any good intention●… to the King. Natura insitum est omnibus Regibus in Christum odium Altar . Dam. praet . ... Cosque Deo Creatori non Redemptori imperium accept●…m debere non obscure praedicarunt . Refut Epil . Ph●… . Siquis non obscure praedicavit .... Non longe aberavi●… Vindic. ejustd ..... Non solum ●… longinquo non impediens , connivens , vel plenariam potestatem ... .. concedens ... sed coram intuens & tali●… facinoris asspectu d●…lectatus . The Reviewer dares not speake out to the Bishops quaestion about taking armes for religion . — Vide quidem . pende tamen improba , dixit Mot. 6. fab . 3. The ambiguitie in the Covenanters words leaves religion to the libertie of their conceits . Se short Causes . begin . Nulla unquam gens in quovis seculo .... Opus Reformationis feliciore prudentia animo & successu administravit , quam Scoti in sua patria Mot. Brit. Ver. Custin . Vincent . advers . haeres . c. 14. Their allegeance conditional . They fight against . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 9. Their Creed in words the same with ours but not in sense . Henderson and the Reviewers speaches about Bishops . Religion & libertie no good praetenses for taking armes . Simons's ●…indicat p. 30. In Bru●… . The Scotish Presbyterians as enthusiastike a●… the Anabaptists & no more excusable by their religion for taking armes . Fay●…h 〈◊〉 so comon , if such as commonlie defined . Sulpis . Sever in vita . S. Matth. 10. 16. The Pr ▪ S●…ots must bring beter markes then their ba●… words for revelations ▪ Advers . haeres ▪ cap. 14. They are ●…ut ●…hrotes of Magistrates & planters of Religion by armes . Hist. Lib. 4. We say nothing to foraigne pro●…estants taking armes . till they justifie yours & & theirs by yours The Praelates decline not the judgement of Councels . Presbyterian crueltie , may by Gods providence be restrained . Adm●…n . ad G●… . 
A59435	----	The fundamental charter of Presbytery as it hath been lately established in the kingdom of Scotland examin'd and disprov'd by the history, records, and publick transactions of our nation : together with a preface, wherein the vindicator of the Kirk is freely put in mind of his habitual infirmities. Sage, John, 1652-1711. 1695 Approx. 932 KB of XML-encoded text transcribed from 308 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-05 (EEBO-TCP Phase 1). A59435 Wing S286 ESTC R33997 13655503 ocm 13655503 101025 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A59435) Transcribed from: (Early English Books Online ; image set 101025) Images scanned from microfilm: (Early English books, 1641-1700 ; 1046:11) The fundamental charter of Presbytery as it hath been lately established in the kingdom of Scotland examin'd and disprov'd by the history, records, and publick transactions of our nation : together with a preface, wherein the vindicator of the Kirk is freely put in mind of his habitual infirmities. Sage, John, 1652-1711. [184], 422 p. Printed for C. Brome ..., London : 1695. Attributed to John Sage by Wing and NUC pre-1956 imprints. Reproduction of original in the Union Theological Seminary Library, New York. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Scotland -- Church history. 2002-12 TCP Assigned for keying and markup 2003-01 SPi Global Keyed and coded from ProQuest page images 2003-02 Rina Kor Sampled and proofread 2003-02 Rina Kor Text and markup reviewed and edited 2003-04 pfs Batch review (QC) and XML conversion THE Fundamental Charter OF Presbytery , As it hath been lately Established IN THE Kingdom of SCOTLAND , Examin'd and Disprov'd , By the History , Records , and Publick Transactions of our Nation . Together with a PREFACE ; Wherein the Vindicator of the Kirk is freely put in mind of his Habitual Infirmities . LONDON , Printed for C. Brome , at the Gun , at the West End of St. Paul's Church-yard , 1695. THE PREFACE . THis Article , which I have now examined , was no sooner Established , in our Scottish Claim of Right , than I turn'd serious to satisfy my self about it . I thought it concern'd me as a Scottish man to understand , as well as I could , That which made such a Figure in the Original Contract between King and People . I thought I was no less concern'd as a Christian , to be Resolv'd about its Merits : I perceiv'd it might readily affect my practice ; And tho I abhor , as heartily as any man , all breaking of the Churches peace , for Rattles or Nutshels ; Yet I could not but reckon of it as a matter of Conscience , to me , to Endeavour to be sure that I built neither my Faith nor my Obedience , in a matter of such Consequence , as I take the Government of the Church to be , on a Deceitful bottom . Perhaps I was bound to be inquisitive by some other Reduplications , not needful to be Named . I had not spent much Application about it , when I was satisfied ; and thought I had Ground to hope , the Wisdom of the Nation , after more Deliberate Researches , might find it Reasonable , either to Restore to the Church , Her Ancient and Iust Government , or settle the New One , on some ( at least ) more Specious Basis. But I was Disappointed . For Three Sessions of Parliament are now over ; And the Article is so far from being either Retracted or Corrected ▪ that , on the Contrary , It hath been still insisted on , and Deem'd sufficient to support very weighty Superstructures . Each Session hath Erected some new thing or other , upon it . This , with the importunity of some Friends , at last , Determin'd me to Enquire more fully and minutely into the value of the Article ; And the Work hath swell'd to such a bulk as you see . I confess I cannot Apologize sufficiently for my adventuring to Expose such ane ill Composure to the publick view ; Especially Considering how Nice and Critical , if not Picq't and Humorsome an Age we live in . I ever thought that much of the Beauty , as well as of the Vtility of Books , lay in Good Method , and a distinct Range of Thoughts : And I cannot promise that I have observed That , so punctually , as Clearer Heads might have done . I have less Reason to be Confident of the Stile . 'T is hard for most Scottish men to arrive at any tolerable Degree of English Purity . Our greatest Caution cannot prevent the Stealing of our own Words and Idioms into our Pens , and their dropping thence , into our writings . All things considered , I have as little Reason to think I have Guarded , or could Guard against them , as any Scottish man : For not only have mine opportunities , all my life , been none of the best ; But , for finding Materials for the following Papers , I was obliged to Read so many Books written in Right Broad Scotch , and take so many Citations from them , that 't is little to be wondered , if my Book abounds with Scotticisms . I thought my self bound to be faithful in my Citations : ( and I can promise I have been that ▪ I could not Reason from the Authority of these Citations , without using the Terms and Phrases which are in them : This no doubt , makes the Scotticisms Numerous : And I shall not deny that my familiar acquaintance with these Books , together with the prejudices of Education , Custom , and Constant Converse in the plain Scottish Dialect , may have occasioned many more . Neither shall I be over Confident , that , where I have adventured to Reason any point , I have done it to every mans Conviction . I may have been ( as other men ) apt to impose on my self , and think I have advanced just propositions , and drawn fair Consequences , when I have not done it . No doubt , most men have such a Kindness for themselves , as , too commonly , inclines them to applaud their own thoughts , and judge their own Reasonings Just and Solid , when they are but Coarse enough ; And others may very easily discover where the mistake lies : Yet , this I can say for my self , I have done , what I could to Guard against all such prejudice and partial Byass . Sensible of these infirmities , I intreat the Readers favourable and benign Censures . This I can tell him ingenuously ; If I could have done better , I should not have Grudg●d him the pleasure of it . But , perchance , that which I am more concern'd to account for , is , what Assistances I had for what I have advanced , in the following Sheets . And , here , I must Confess , I had not all the Advantages I could have wished . Such are my present Circumstances , That I could not Rationally propose to my self , to have Access to the publick Records , either of Church or State ; And , no doubt , in this , I was at a Considerable loss : For he who Transcribes from Authentick Records , Doth it more Securely , than he who has things only from Second hands . Yet , I don't think this Disadvantage was such , as should have intirely Discouraged me from the Attempt I have made : For some of my Authors had Access to the publick Registers ; And I am apt to believe there was not much to be found , there , Relating to the Controversies I have managed , which they have not published ; So that , tho 't is possible , I might have been better , yet I cannot think I was ill provided of Helps : I cannot think any of my Presbyterian Brethren can be provided much better . The principal Authors from which I have collected my Materials , are these ; Buchanan's History published at Frankfort , Anno 1594 Ieslie's History , at Edenburgh , 1675. King Iames the Sixth's Works , in English , at London , 1616. Archbishop Spotswood's History of the Reformation of the Church of Scotland , at London , Anno 1655. His Refutatio Libelli , &c. Lond. An. 1620. The True History of the Church of Scotland , &c. said to be written by Mr. David Calderwood , published An. 1678. Mr. Petrie's History of the Catholick Church , &c. Tom. 2. printed at the Hague , Anno 1●62 . Sir Iames Melvil's Memoirs . The Old Scottish Liturgy . The Lord Herbert's History of the Life of King Henry 8. Doctor Heylin and Doctor Burnet's Histories of the Reformation of the Church of England . Calvin's Epistles printed at Geneva , Anno 1617. Beza's Epistles till the year 1573. Acts and Monuments by Fox , &c. I have likewise considered our printed Acts of Parliaments . The printed Acts of the General Assemblies , from the year 1638. And as many Pamphlets as I could find , Relating to the Matters on which I insist : 'T is needless to Name them here : You may find them named , as Occasion required , in my Book . There are two Books which I must insist on a little . One is A Manuscript Copy of the Acts of our Scottish Assemblies from the year 1560 till the year 1616. Our Presbyterian Brethren may be ready to reject its Authority , if it Militates against them : I give My Reader , therefore , this brief account of it . It was transcribed in the year 1638. when the National Covenant was in a flourishing state ; For I find , at the end of it , the Transcriber's Name and his Designation , written with the same hand by which the whole M S. is written ; And he says , He began to transcribe upon the 15th day of Ianuary 1638. and compleated his work on the 23d of April , that same year . He was such a Reader as we have commonly , in Scotland , in Country Parishes . It is not to be imagined , it was transcribed , then , for serving the Interests of Episcopacy ; For , as Petrie , and the Presbyterians , generally affirm , The Prelates and Prelatists dreaded nothing more , in those days , than that the Old Registers of the Kirk should come abroad : And it was about that time , that Mr. Petrie got his Copy , from which he published so many Acts of our Old General Assemblies : Nor is it to be doubted but that , as several Copies , then , were , so particularly , that which I have perused , was transcribed for the Ends of the Good Old Cause . This I am sure of , the Covenant as required , then , to be subscribed , by the Green Tables , is set down , at full length in the Manuscript . Besides , The Stile and Language testify that there is no Reason to doubt , That the Acts of Assemblies , which it contains , have been transcribed , word for word , at first , from the Authentick Records : And if Calderwood's or Petrie's Accounts of these Acts , deserve any Credit , My M S. cannot be rejected , for it hath all they have published ; and , for the most part , in the same Terms , except , where these Authors have altered the Language , sometimes to make it more fashionable and intelligible ; sometimes to serve their Cause , and the Concerns of their Party . It hath Chasms , also , and Defects , where , they say , Leaves have been torn from the Original Registers : And I have not adduced many Acts from it , which either one , or both these Authors have not likewise mentioned in their Histories . Calderwood has indeed concealed very many , having intended , it seems , to publish nothing but what made for him ; tho , I think , even in that , his Iudgment hath not sufficiently kept pace with his Inclinations . Nay , His Supplement , which he hath subjoyn'd to his History , as well as the History it self , is lame , by his own Acknowledgment : For these are the very first words of it : I have in the preceeding History only inserted such Acts , Articles , and Answers to Questions , as belonged to the Scope of the History , and Form of Church Government ; Some few excepted touching Corruptions in the Worship of God , or the Office and Calling of Ministers . But because there are other Acts and Articles necessary to be known I have SELECTED such as are of greatest Vse ; passing by such as were TEMPORARY , or concerned only TEMPORARY OFFICES , &c. Here is a clear Confession that he has not given us all the Acts of Assemblies : Nay , that he has not given all such as concerned Temporary Offices ; and , amongst these , we shall find him , in the following Sheets , more confidently than warrantably , reckoning Superintendency and the Episcopacy which was agreed to at Leith , Anno 1572. I have mentioned these things , that the World may see , it cannot be reasonable for our Presbyterian Brethren to insist on either Calderwood's Authority or Ingenuity against my Mss. How ingenuous or impartial he has been , you may have opportunity to guess before you have got through the ensuing Papers . Petrie hath , indeed , given us a great many more of the Acts of General Assemblies than Calderwood hath done ; as may appear to any who attends to the Margin of my Book : But he , also , had the Good Cause to serve ; and therefore , has corrupted some things , and concealed other things , as I have made appear : However , he has the far greater part of what I have transcribed from the Mss. Spotswood hath fewer than either of the two Presbyterian Historians ; yet some he hath , which I find also in the MS. and which they have both omitted . In short , I have taken but very few from it , which are not to be found in some One or More of these Historians : Neither have I adduced so much as One from it , nor is One in it , which is not highly agreeable to the State and Circumstances of the Church , and the Genius of the times , for which it mentions them : So that , Upon the whole matter , I see no reason to doubt of its being a faithful Transcript : And I think I may justly say of it , as Optatus said of another MS. upon the like occasion , Vetustas Membranarum testimonium perhibet , &c. ( optat . Milev . lib. 1. f. 7. edit . Paris 1569 ) It hath all the Marks of Antiquity and Integrity that it pretends to ; and there 's nothing about it that renders it suspicious . The other Book , which , I said , required some farther consideration is , The History of the Reformation of the Church of Scotland , containing five Books , &c. Commmonly attributed to Iohn Knox , by our Presbyterian Brethren . That which I have to say about it is , chiefly , That Mr. Knox was not the Author of it . A. B. Spotswood hath proven this by Demonstration , in his History , ( pag. 267. ) his Demonstration is , That the Author , whoever he was , talking of one of our Martyrs , remitteth the Reader for a farther Declaration of his Sufferings , to the Acts and Monuments of Mr. Fox , which came not to light till some twelve years after Knox's Death . Mr. Patrick Hamilton was the Martyr ; and the Reference is to be seen pag. 4. of that History I am now considering . Besides this , I have observed a great many more infallible proofs that Knox was not the Author . I shall only instance in some 3 or 4. Thus Pag. 447. The Author , having set down a Copy of the Letter sent by the Church of Scotland to the Church of England , ( of which , more , by and by ) Tells how the English Nonconformists wrote to Beza , and Beza to Grindal Bishop of London ; which Letter of Beza's to Grindal , he says , is the Eight in order , amongst Beza's Epistles : And in that same page , he mentions another of Beza's Letters to Grindal , calling it the Twelfth in Number : Now , 't is certain Beza's Epistles were not published till the year 1573. i. e. after Knox's Death . It may be observed also that he adds farther in that same page , That The sincerer sort of the Ministery in England , had not yet assaulted the Iurisdiction and Church Government , ( which they did not till the year 1572. at which time they published their first and second Admonitions to the Parliament ) but only had excepted against Superstitious Apparel , and some other faults in the Service Book . From which , besides that 't is Evident , Knox could not be the Author , we may Learn from the Authors Confession , whoever he was , That the Controversies about Parity and Imparity , &c. were not so early in Britain as our Presbyterian Brethren are earnest to have the present Generation believe . Again Pag. 449 The Author , Narrating how Henry , Queen Mary's Husband , &c was buried . Adds , in Confirmation of his own Veracity , Thus. If there had been any Solemn Burial , Buchanan had wanted Wit , to Relate otherwise ; Seeing there would have been so many Witnesses to testify the Contrary : Therefore , the Contriver of the late History of Queen Mary , wanted Policy , here , to convey a Lie. Thus , I say , the Author vouches Buchanans Authority ; And it must be Buchanans History that he Refers to ; For there 's not a Syllable , about Henry's Burial , to be found in any of his other writings , Now , Not to insist on the incredibleness of Knox's running for Shelter to Buchanans Authority , concerning a matter of Fact so remarkable in its self , and which happened in his own time , in that very City in which he lived and was Minister : Not to insist on this ▪ I say , Buchanan himself in his Dedication of his History to King Iames 6th , Clearly decides the matter . He tells his Majesty there were two Considerations which chiefly put him upon writing his History . First , He perceived his Majesty had Read and Understood the Histories of almost all other Nations ; And it was incongruous and unaccountable that he , who was so well acquainted with Foreign Affairs , should be a Stranger to the History of his own Kingdom . Secondly , He was intrusted with the Kings Education : He could not attend his Majesty in that important Office , by Reason of his Old Age and Multiplying infirmities ; He applyed himself , therefore , to write his History , thereby , to Compense the Defects of his Non-Attendance , &c. And from both Reasons it is evident , that Knox was Dead before Buchannan applyed himself to the writing of his History : For Knox dyed Anno 1572. K. Iames was , then , but Six years of Age : And is it Credible , that at that Age he had Read and got by heart , the Histories of almost all other Nations ? Indeed Buchanan survived Knox by ten years ; And , for a good many of them was able to wait , and actually waited on the King ; So that 't is clear 't was towards the end of his days , and after Knox's Death that he applyed himself to his History . And 't is very well known , it was never published till the year 1582. But this is not all The Author of that which is called Knox's History , adduces Buchanan's Authority for Convelling the Credit of the Contriver of the Late History of Queen Mary , which was written , I cannot tell how long , after Buchanan was Dead , as well as Knox. Further , Pag. 306. The Author discourses thus , The Books of Discipline have been , of late , so often published , that we shall forbear to print them at this time . Now , there were never more than two Books of Discipline ; and the Second was not so much as projected till the year 1576 , i. e. 4 years after Knox had departed this life . Once more , Pag. 286. We read thus , Some in France , after the sudden Death of Francis the Second , and calling to mind the Death of Charles the Ninth , in Blood , and the Slaughter of Henry the Second , did Remark the Tragical ends of these three Princes who had persecuted Gods Servants so cruelly . — And indeed the following Kings of France , unto this day , have found this true , by their unfortunate and unexpected Ends. Now Charles the Ninth died not till the 30th of May , Anno 1574. i. e. 18 Months after Knox. The following Kings of France who made the Vnfortunate and unexpected Ends were Henry the Third , and Henry the Fourth : Henry the Third was not Murthered till the year 1589. Henry the Fourth , not till May 1610. The former 17 , the latter 38 years after the Death of Knox. From this Taste it is clear , that that History at least , as we now have it , was not written by Knox. All that can be said with any Shadow of probability , is , that Knox provided some Materials for it . But Granting this , how shall we be able to separate that which is Spurious in it from that which is Genuine ? All I can say is this . 'T is plain to every one that Reads it , That he has been a thorough-paced Presbyterian , who framed it as we have it : By Consequence , its Authority is stark naught for any thing , in it , that favours Presbytery , or bespatters Prelacy : And if it ought to have any credit at all , it is only where the Controversies about Church Government are no ways interested ; or where it mentions any thing that may be improven to the Advantages of Episcopacy ; just as the Testimonies of Adversaries are useful for the interests of the opposite party , and not an A●e farther : So that , I had reason ( if any Man can have it ) to insist on its Authority , as I have frequently done ; But no Presbyterian can , in equity , either plead , or be allowed the same priviledge . I could give the Reader a surfeit of instances , which cannot but appear , to any considering person , to be plain and notorious Presbyterian corruptions , in it : But I shall only represent One , as being of considerable importance , in the Controversie which I have managed in my Second Enquiry ; and , by that , the Reader may make a Judgment of the Authors Candor and Integrity in other things . The English Non-conformists , zealous to be rid of the Vestments , and some other Forms and Ceremonies retained by the Church of England , which they reckoned to be scandalous impositions , wrote earnestly ( as is known ) to several Reformed Churches , and Protestant Divines , beseeching them to interpose with the Church of England for an ease of these burdens . It seems they wrote to some in Scotland also ; probably to Mr. Knox : He was of their acquaintance ; and they could not but be secure enough of his inclinations , considering how warm he had been about these matters at Francfort . However it was , the Church of Scotland did actually interpose . The General Assembly , met at Edenburgh , Decem. 27. Anno 1566 , ordered Iohn Knox to draw a Letter to the English Clergy , in favour of those Non-conformists . This Letter was subscribed and sent . Now , consider the Tricks of the Author of the History attributed to Knox. The Inscription of the Letter , as it is in Spotswood , Petrie , and the Manuscript Copy of the Acts of the General Assembly's , is this : The Superintendents , Ministers and Commissioners of the Church , within the Realm of Scotland , To their Brethren the Bishops and Pastors of England , who have renounced the Roman Antichrist , and do profess , with them , the Lord Iesus in sincerity , wish the increase of the Holy Spirit . Thus , I say Spotswo●d hath it ; ( pag. 198. ) And the MS. and Petrie ( Tom. 2. p. 348. ) have it in the same words ; only where Spotswood hath [ wish ] they have [ desire ] which makes no material Difference . But the spurious Knox has it thus . ( pag. 445. ) The Superintendents , with other Ministers and Commissioners of the Church of God , in the Kingdom of Scotland , To their Brethren the Bishops and Pastors of Gods Church in England , who profess with us , in Scotland , the Truth of Iesus Christ. Now consider if there are not Material Differences between these two Inscriptions . By the Inscription , as it is in Spotswood , Petrie , and the MS. the Dignity and Superiority of the Scottish Superintenden●s , above the rest of the Clergy , is clearly preserved : By the other account it is sadly obscured ; and they are made ( at least very much ) to stand on a level with other Ministers , &c. By the Inscription as in Spotswood , &c. The Sentiments Our Scottish Clergy had , then , about the English Reformation , and Constitution , are very plain , genuine and charitable : They were satisfied , that the Bishops and Pastors of the Church of England had Renounced the Roman Antichrist , and that they professed the Lord Iesus in SINCERITY ; And they had for them , suitably , the Christian and Brotherly Charity , which the Orthodox and Sincere Christians of one Church , ought to have for the Orthodox and Sincere Christians of another Church : They wished , or desired to them , The Increase of the Holy Spirit . How highly this was agreeable to the sentiments of the then Protestants in Scotland , I have made fully appear in the Discussion of my Second Enquiry . But , To the Pseudo-Knox , it seems , it lookt highly scandalous , to own , That the Bishops and Pastors of England had Renounced the Roman Antichrist , or that they professed the Lord Jesus in sincerity : How could these things be said , so long as they retained Antichrists Hierarchy , or had so many Romish Mixtures ? And therefore , to wish them the increase of the Holy Spirit , was too bold a prayer ; It was founded on a false hypothesis : It supposed they had the Holy Spirit already . How suitable is all this to the Presbyterian temper and principles ? And , by consequence , is it not evident that these alterations were not the effects of negligence or inadvertencie , but of the true Spirit of the party ? But this is not all . In the body of the Letter , as recorded by the Pseudo Knox , there are several other Corruptions : I shall only point at one , but it is a considerable one . The General Assembly which sent the Letter , after a Digression concerning the care that ought to be had of tender Consciences , &c. Resume their main purpose , thus , We return to our former humble supplication , which is , that our Brethren , who , amongst you , refuse these Romish Rags , may find of you , who are the PRELATS , such favour as our Head and Master commandeth every one of his members to shew to another . So it is not only in the MS. Spotswood and Petrie , word for word , but also in a virulent Presbyterian Pamphlet , called Scotidromus , directed to all Noble Scots and kind Catholicks zealous for the Romish Religion ; written Anno 1638 , to cast dirt , at that time , upon Episcopacy , and render it odious to the People ; which Pamphlet I have by me , in Manuscript : But The Supposititious Knox has it thus , Now again we return to our former Request , which is , that the Brethren , among you , who refuse the Romish Rags may find of you ( not the PRELATES , but ) who VSE and VRGE them , such favour , &c How unfit was it for the world to know that a Scottish General Assembly had own'd the Bishops of England as PRELATES ? It was scandalous , no doubt , to the Godly : It was expedient , therefore , to falsify a little , and foist in more useful Epithets ; to call them , not PRELATES , but USERS and URGERS of the Ceremonies . I have insisted the longer on this Book , because our Presbyterian Brethren are so earnest to have the world believe that it was written by Knox : Particularly G. R. ( in his First Vindication , &c. in Answer to Quest. 1. § . 8. ) where , too , observe by the way , how extravagantly that Author blunders . His words are , [ Anno 1559. The Protestant Ministers and People held a General Assembly at St. Johnstown , saith Knox , Hist. Lib. 2. p. 137. ] Now there is not so much as one syllable of a General Assembly in the Text. Upon the Margin , indeed , there are these words [ The first Assembly at St. Johnstown ] But no Presbyterian , I think , ( unless he is one of G. R.'s kind ) will be so impudent as to say that all that 's on the Margin of that Book was written by Knox. And that Meeting which was then at Perth , was nothing like that Court , which we call a General Assembly : But enough of this . To conclude , tho' I am firmly perswaded that Knox was not the Author of this History , yet because it passes commonly under his name , I have still cited it , so , on my Margin . The Edition I have used , is that , in 4 to , published at Edenburg , Anno 1644. The other Treatises attributed to Knox ( and I know no Reason to doubt their being his ) from which I have cited any thing , are in ane Appendix to the History . I have not made it my work to cite Acts of Parliaments , and represent the favourable countenance Episcopacy hath had from the State , so much , as to consider the sentiments of our Reformers , and those who succeeded them , in their Ecclesiastical capacity ; partly , because the Acts of Parliament have been diligently collected before ; Particularly , whoso pleases may see a goodly train of them , from the year 1560 till the year 16●7 , in the Large Declaration pag. 333 , &c. Partly , because our Presbyterian Brethren , are in use to insist more on the Books of Discipline , and the Acts of General Assemblies , &c. than on Acts of Parliaments . One advantage , ( amongst many disadvantages ) I think , I have , it is , that the Authors I have most frequently cited , were Presbyterians , by consequence , Authors whose Testimony 's can , least , be called in Question by my Presbyterian Brethren . I do not pretend to have exhausted the subjects I have insisted on : Any Reader may easily perceive I have been at a loss as to several things in History . Perchance , I have sometimes started some things New and which have not been observed before . I wish I may have given occasion to those who are fitter , and better furnished with helps , for such Enquiries , to consider , if they can bring more light to our History . In the mean time , I think ▪ I have said enough to convince the Reader , that our Presbyterian Brethren have not reason to be so confident , as commonly they are , for their side of the Controversies I have managed . Yet , after all this , I am not secure but that they will endeavour to have my Book Answered ; for all Books most be Answered , that militate against them ; and they can still find some G. R. or other who has zeal and confidence enough for such attempts . Upon the supposition , therefore , that I must have ane answer , I do , for once , become ane earnest suiter to my Presbyterian Brethren , that they would imploy some Person of ordinary sense and discretion , to Answer me , and not their common Vindicator of their Kirk , G. R. for I have got enough of him , and I incline not to have any more meddling with him . Whoso reads the following papers , I think , may find such a sample of him ; such a swatch ( pardon the word , if it is not English ) of both his Historical and his Argumentative Skill ( a talent he bewails , much the want of , in his Adversaries ) as may make it appear just and reasonable for any man to decline him . But lest he is not represented , there , so fully as he ought to be , so fully as may justify my declining of him , I shall be at some farther pains , here , to give the Reader a fuller prospect of him To delineate him minutely , might , perchance , be too laborious for me , and too tedious and loathsome to my Reader : I shall restrict my self , therefore to his four Cardinal Virtues , his Learning , his Iudgment , his Civility , and his Modesty : Or , ( because we are Scottishmen ) to give them their plain Scotch names , his Ignorance , his Non-sence , his Ill-nature , and his Impudence . Perhaps I shall not be able to reduce every individual instance to its proper Species : 'T is very hard to do that , in matters which have such affinity one with another , as there is between Ignorance and Non-sence , or between Ill-nature and Impudence : But this I dare promise , if I cannot keep by the Nice Laws of Categories , I shall be careful to keep by the Strict Laws of Iustice : I shall entitle him to nothing that is not truely his own . So much for Preface , come we next to the Purpose . And in the 1. Place , I am apt to think , since ever writing was a Trade , there was never Author furnished with a richer stock of unquestionable Ignorance for it . To insist on all the Evidences of this , would swell this Preface to a Bulk beyond the Book . I omit , therefore , his making Presbyterian Ruling Elders , ( as contradistinct from Teaching Elders ) of Divine Institution ; his making the SENIORES , sometimes mentioned by the Fathers , such Ruling Elders ; and his laying stress on the old blunder about St. Ambrose's testimony to that purpose , ( vide True Represent . of Presbyterian Government prop. 3. ) These I omit because not peculiar to him . I omit even that , which , for any thing I know , may be peculiar to him ; viz. That his Ruling Elders are called Bishops , and that their necessary Qualifications are set down at length in Scrip. e. g. 1 Tim. 3.2 . and Tit. 1.6 ( ibid. Prop. 3.4 ) I omit his Learn'd affirmative , that Patronages were not brought into the Church till the 7 th or 8 th Centurie , or Later ; And that they came in amongst the latest Antichristian Corruptions and Vsurpations ( ibid. Answ. to Object . 9 th ) I omit all such Assertions as these , that the most and most Eminent of the Prelatists acknowledge that by our Saviours appointment , and according to the practice of the first and best Ages of the Church , she ought to be , and was Governed , in Common , by Ministers Acting in Parity ( ibid. Prop. 12. ) That Diocesan Episcopacy was not settled in St. Cyprian 's time ( Rational Defence of Nonconformity , &c. p. 157 ) That Diocesan Episcopacy prevailed not for the first three Centuries , and that it was not generally in the 4 th Centurie ( ibid. 158. ) That the Bishop S. Cyprian all alongst , speaks of , was a Presbyterian Moderator ( ibid. 179. ) That Cyprian , Austine , Athanasius , &c. were only such Moderators ( ibid. 175 , 176 , 177 , 178. ) I omit his insisting on the Authority of the Decretal Epistles attributed to Pope Anacletus , as if they were Genuine ( ibid. 202. ) And that great Evidence of his skill in the affairs of the Protestant Churches , viz. That Episcopacy is not to be seen in any one of them , Except England ( ibid. p. 10. ) Nay , I omit his nimble and learned Gloss he has put on St. Ierom's Toto Orbe Decretum , &c. viz. That this Remedy of Schism , in many places , began , then , ( i. e. in St. Ierom's time ) to be thought on ; and that it was no wonder that this Corruption began , then , to creep in ; it being , then , about the end of the fourth Centurie , when Jerome wrote , &c. ( ibid. 170. ) Neither shall I insist on his famous Exposition of St. Ierom's Quid facit Episcopus , &c. because it has been sufficiently exposed , already , in the Historical Relation of the General Ass. 1690. Nor on his making Plutarch , Simonides , Chrysostom , &c. Every Graecian speak Latin , when he had the confidence to cite them . These and 50 more such surprising Arguments of our Authors singular learning , I shall pass over ; And shall insist only , a little , on two or three instances , which , to my taste , seem superlatively pleasant . And 1. In that profound Book , which he calls a Rational Defence of Nonconformity , &c. in Answer to D. Stillingfleet's Vnreasonableness of the separation from the Church of England ( pag. 172. ) He hath Glossed St. Chrysostom , yet , more ridiculously than he did St. Ierom. The passage as it is in Chrysostom , is sufficiently famous and known to all who have enquired into Antiquity , about the Government of the Church . The Learned Father having Discoursed concerning the Office and Duties of a Bishop ( Hom. 10. on 1 Tim. 3. ) and proceeding , by the Apostles Method , to Discourse next of Deacons ( Hom. II. ) started this difficulty . How came the Apostle to prescribe no Rules about Presbyters ? And he solved it thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . St. Paul , says he , did not insist about Presbyters , because there 's no great difference between them and Bishops : Presbyters , as well as Bishops , have received Power to Teach and Govern the Church : And the Rules he gave to Bishops are also proper for Presbyters ; For Bishops excel Presbyters , only , by the Power of Ordination ; and by this alone they are reckoned to have more Power than Presbyters . Vide Edit . Savil. Tom. 4. p. 289. Now , 't is plain to the most ordinary attention , That in the Holy Father's Dialect , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signifies the Power of conferring Orders , just as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 signify the Powers of Teaching and Governing : Consider , now the Critical Skill of G. R. Bellarmine had adduced this Testimony , it seems , to shew that there was a Disparity in point of Power , between Bishops and Presbyters , and had put it in Latin , thus , Inter Episcopum atque Presbyterum interest fere nihil ; quippe & Presbyteris Ecclesiae cura permissa est : & quae de Episcopis dicuntur , ea etiam Presbyteris congruunt ; Sola quippe Ordinatione Superiores illi sunt . So G. R. has it : I know not if he has transcribed it faithfully : 'T is not his custom to do so : Nor have I Bellarmine at hand , to compare them . Sure I am the Translation doth not fully answer the Original : But however that is , go we forward with our Learned Author . These are his words . What he ( Bellarmine ) alledgeth out of this citation , that a Bishop may Ordain , not a Presbyter , the Learned Fathers expression will not bear : For Ordination must signify either the Ordination the Bishop and Presbyter have , whereby they are put in their Office , to be different , which he doth not alledge : Or , that the difference between them was only in Order or Precedency , not in Power or Authority : Or , that it was by the Ordination or appointment of the Church , not Christs Institution : But it can never signify the Power of Ordaining . Are not these pretty pleasant Criticisms on 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ? But the best follows . He gives a Demonstration , that Ordination as mentioned by Chrysostom , can never signify the Power of Ordaining , For , then , ●says he ) Chrysostom ( who was sufficiently a Master of words ) would have said ( mark it beloved , he would have spoken Latin , and said Potestate Ordinandi , not Ordinatione . And have we not our Author , now , a Deep-learn'd Glossator ? I cannot promise a better instance of his Criti●al Skill : But I hope the next shall not be much w●rse . 2. Then , in that same Rational defence , &c. p. 199. Sect 4. He undertakes to prove the Divine institution of Popular Elections of Ministers . His first Argument he takes from Acts 14.23 . The word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 must needs do it . Now , 't is none of my present task to prove , that that word cannot do it : Whosoever has considered how t is used in the New Testament , may soon perceive that ; and if our Author had but Read the Book called Ius ●ivinum Ministerii Evangel●i , written by a Provincial Assembly of his own friends , he might have seen , that even they were Confident it could not do it . Nay , He himself , in that same 4 th Section acknowledges , it cannot do it . I deny not ( says he ) that this word is some times used figuratively , for potestative Mission , the effect or consequent of Election , and that by one Person , without suffrages , as Acts 10 41. And I think , after this , it was pleasant enough to make it do it , for all that : But , as I said , 't is none of my present business to debate the force of the word with him : All I am concerned for , is to represent his superfine Skill in Critical learning . For , He tells us gravely , The word is most commonly used in his sence , viz. as it signifies to chuse by suffrages : And he proves it , but how ? These two wayes . 1. Of all the instances that Scapula , in his Lexicon , giveth of the use of the word , not one of them is to the contrary . Twenty disparate significations , you see , would have imported nothing : And who can doubt but Scapula's Lexicon is ane Uncontroverted Standard for the Ecclesiastical significations of words ? But our Author proceeds : 2. It cannot be instanced that ever the word is used for laying on of hands : Lifting up , and laying them down , being so opposite , it is not to be imagined that the one should be put for the other . And what needed more after this ? Yet , lest this was not profound enough , our Author plunges deeper : He will needs have both the suffrages of the People and the Imposition of the Apostles hands , to be signified by the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in that same Text Act. 14.23 . The Apostles appointed , by Ordination , Elders for the People , upon their Electing them by Suffrages . And then , in the close of the Section , I conclude , this being done 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , in every Church , the People Respective chusing their Pastors , and the Apostles ordaining them , it is clear to have been , generally , the practice of these times , and so the Institution of Christ. I told when I began with him , there might be Instances , I might have occasion to adduce , which it might be difficult to reduce to their proper Categories ; And I am affraid this is one : The truth is , 't is very hard to determine whither Ignorance or Non-sense can plead the better Title to it : For my part , let them share it between them . I shall only insist , a little , on one thing more . 3. Then , one of his Adversaries , whom he took to task in his Second Vindication of his Church of Scotland ( the Author of the Second Letter ) had used the Phrase [ Christian Philosophy ] when G. R. thought he should have said [ Christian Divinity ] but , if I mistake not , G. R. when he wrote his Answer , thought it had been for that Authors credit to have foreborn using such a Phrase : For never did Cock crow more keenly over Brother Cock when he had routed him , than G. R. did , over the Letter-man , on that occasion . He told him ( 2 Vind. ad . Let. 2. § . 24. p. 62 , 63. Edit . Eden . ) He thought the Commendation of a Minister had been rather to understand Christian Divinity , than Christian Philosophy , but we must not wonder ( says he ) that men so strongly inclined to Socinianism speak in the Socinian Dialect . — For indeed that which goeth for Religion , among some men , is nothing but Platonick Philosophy put into a Christian dress , by expressing it in words borrowed ( some of them ) from the Bible : And the Preaching of some men is such Morality as Seneca and other Heathens taught , only Christianized with some words , &c. In short , he pursued the poor Epistler ( as he calls him ) so unmercifully , that he never left him , till he concluded him ane Ignorant Talker , for using that Phrase . Now , Judicious Reader , was it not , indeed , a Demonstration of Deep thinking , and a penetrating wit , to make such a plain discovery , of such a prodigious Spawn , of Heresies , crowded into one single Phrase consisting of two words , or rather in one Solitary Vocable ? I say one Vocable , for it was the word [ Philosophy ] which was the Lerna : I cannot think the word [ Christian ] was either Art or Part. Socinianism , Academicism , Stoicism ( consistent or inconsistent , was all one to our Author ) all throng'd together in one so innocent like ane expression ! Sad enough ! How sad had it been for sorry Epistler , if there had been a greater confluence of such — isms in our Authors learned Noddle when he wrote that Elaborate Paragraph ? Had they been in it , 't is very like , they had come out . However , even these were enough , especially , having , in their Society , the fundamental Heresie of Ignorance : And yet after all this , I am apt to believe the poor Epistler was Orthodox and Catholick in his meaning : I believe he lookt on it as a very harmless Phrase , and intended no other thing by it , than that which is commonly called [ Christian Divinity . ] 'T is twenty to one , he used it , as having found it used before him , by very Honest men , who were never suspected of any of these Dreadful Heresies : The Ancient Lights ( I mean ) and Fathers of the Church , who had scarcely another Phrase which they used more frequently , or more familiarly . Of this I am sure , If it was not so , it might have been so , with him . My present circumstances do not allow me to Cite them so plentifully , as might be done ; yet I think , I can adduce the Testimonies of half a dozen , whose Authority might have stood between the Epistler and all Hazard , e. g. Iustine Martyr in his Excellent Dialogue with Trypho the Iew , not only asserts the insufficiency of the Platonick , the Peripatetick , the Pythagoraean , the Stoick Philosophies , &c. But , expressly , makes the Ancient Prophets who were inspired of God , the only true and infallible Philosophers ( Iust. Opp. Graec. Edit . Rob. Steph. Lutet . 1551. p. 36. ) And having told how he himself came to the knowledge of Christianity , he subjoyns ( p. 37. ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . I have found Christianity to be the only infallible and useful Philosophy , and , on its account , I own my self a Philosopher . Photius in this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Discoursing of the same Iustin , as may be seen at the beginning of Iustin's works , Describes him thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He was a man of our ( that is , the Christian ) Philosophy . Origen , in his Learned work against Celsus ( Edit . Cantab. 1658. p. 9. ) tells him , if it were possible for all men , laying aside the cares of this life , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to apply themselves to the Study of true Philosophy , what a blessing would it be to the world ! And the very next words Declare what Philosophy he meant : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. For there may be found ( says he ) in Christianity , most Noble and Mysterious disquisitions , &c. Again , Pag. 144. Celsus had alledged that the Christians took pains to Proselyte none but young People , Ignorants , Ideots , &c. And Origen Replys , it is not true : They call all men 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , wise and foolish , to the acknowledgement of Christ : And what evil is there in instructing the Ignorant ? Do not you Heathen Philosophers the same ? 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; Or is it allowable in you O Heathens to call young men , and servants , and ignorant people to the Study of Philosophy ? But we Christians , when we do the like , must be Condemn'd of inhumanity ? Once more Pag. 146. Celsus had objected that the Christians taught privately , &c. And Origen Answers , they did not refuse to teach publickly , and if people would come to them , they would send them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to be taught Philosophy by the Prophets of God , and the Apostles of Jesus . Whoso pleases to peruse that Excellent Apology for Christianity , may find much more to the same purpose . Nay farther , St. Chrysostom , one of G. R's good acquaintances , has this Heretical Phrase , ane hundred times over : e. g. In the page immediately preceeding that in which the Testimony is , which his Learn'dness Glosst so singularly ; the Holy Father , zealous against such as were Christians in profession , only , without a suitable practice , Argues thus , what can one say 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. When he sees us , not in works , but in words only , pretending to be Philosophers ? Or ( for all is one with Chrysostom ) to be Christians ? In his sixth Hom. on St. Matt. He says , God permitted the Jews , for a time to offer Corporal Sacrifices , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , i. e. Th●t by degrees he might lead them to the Elevated ( i. e. the Christian ) Philosophy . And doth not the same Father in the same Homilies on Matt. call our Saviours Sermon on the Mount 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , The Top of all Philosophy ? And in his 4 th Hom. on 1 Cor. He discourses elegantly how Christ by the Doctrines of the Cross , and Evangelical Polity , and true Godliness and the future judgment , &c. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hath made all men , Rusticks , Ideots , &c. Philosophers . Neither is this Phrase less frequent with the Latin Fathers : I shall only instance in two , but such two as most men use ( at least ought ) to Read , who have a mind to know any thing of Antiquity . St. Cyprian , I mean , and Vincentius Lirinensis . St. Cyprian in ane Epistle to Cornelius , the 57 in number , ( if I remember right according to Rigaltius ; Characterizes Novatianus to this purpose , Magis Durus Secularis Philosophiae pravitate , quam Philosophiae Dominicae lenitate Pacificus : And in his Excellent Sermon De Patientia , Nos autem , Fratres Charissimi , qui Philosophi non verbis , sed factis sumus , &c. We Christians who are Philosophers , not in words but in deeds , &c. And Vincentius in the 30 th Chapter of his Commonitorium admires the Coelestis Philosophiae Dogmata , the Doctrines of the Heavenly ( i. e. the Christian ) Philosophy . Indeed , Some of these primitive Glory 's of the Church , give us a Solid Reason for both the Orthodoxy and the Propriety of the Phrase . I cannot tell what notion G. R. has of Philosophy ; But I am pretty sure , according to S. Iustin's and St. Augustines notion of it , it is a most proper name for our Holy Religion . Iustin ( ut sup . p. 33. ) tells Trypho , thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . True Philosophy is the Richest and most Honorable possession in the sight of God. 'T is that which brings us near , and commends us to him : And they are all truely holy , who apply themselves seriously and heartily to the practice of true Philosophy . And ( pag. 34. he defines Philosophy thus , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Philosophy is the Knowledge of God and the acknowledgment of the Truth ( i. e. of Christ , as I take it ) and happiness is the reward of this wisdom and knowledge . And , St. Austin , ( with whose works G. R. should have been well acquainted , when he adventured to give him the Commendation of being the great Light of the Latin Church , as he doth in that same 24. Sect. ) in the first cap. of his 8 th Book De Civitate Dei , Discourses thus . Cum Philosophis est habenda Collatio quorum ipsum Nomen , si Latine interpretemur , amorem Sapientiae profitetur : Porro , si Sapientia Deus est , per quem facta sunt omnia , sicut Divina Authoritas , veritasque monstravit , verus Philosophus est Amator Dei. The word Philosophy ( says he ) signifies the Love of Wisdom : But God is Wisdom , as himself hath said in his word ; and therefore a true Philosopher is a lover of God. And , In the ninth Chapter of that same Book Philosophari est amare Deum — Vnde Colligitur tunc fore beatum Studiosum Sapientiae ( id enim est Philosophus ) Cum frui Deo Coeperit . i. e. To Philosophize is to love God : One is then a true Philosopher when he begins to enjoy God , &c. Nay , Tho G. R. should reject the Authority of these and twenty other Fathers , who have used and justified the Phrase , it were no difficult task to find enough of Modern Writers , who have used it , tho' they were neither Stoicks , Platonists nor Socinians ; But I shall only recommend to him two who were his Predecessors in that same Chair , which he , now , so worthily possesses . Doctor Leighton I mean , in his Valedictory Oration , lately published , and Mr Colvil in his Treatise about Christian Philosophy . And now , Let our Authors Ignorance and his Ill-nature debate it between them , to whither he was most obliged when he so fiercely scourged the poor Epistler , for talking so Heretically of Christian Philosophy . By this time , I think , the Reader may have got a sufficient Taste of our Renowned Vindicators singular Learning . Proceed we now II. To his next Cardinal Virtue . Profound Learning , such as our Authors , is a teeming Mother , and commonly produces Congenial Brood , plentifully . Indeed , never was Author's more Prolifick . His Learning has produced crouds of Mysteries ; But such Mysteries as plain speaking people , commonly , call Non-sense . It were Non-sense , indeed , to insist on all instances of this nature , which beautify his writings : Such as his pretty position , That all Ceremonies of Gods worship are worship themselves ( Animadv . on D. Still . Iren. p. 30. ) His pleasant Fetch about Ceremonies that stand in the place of the Competentes or Catechumeni , ( Rational Defence , &c. p. 72. ) His Judicious Conclusion , That the Affirmative part of the Second Commandment , is , that we ought to worship God in the way prescribed in his Word , ( ibid. 125. ) His sublime notion about the Vnity of the Church in the Case of the Lutherans ( ibid. 148. ) We shut not out the Lutheran Churches ( says he ) from all possibility of Vnion with them ; We can have Vnion with them , as Sister Churches ; But we cannot partake in their instituted parts of worship . His surprizing proposition , viz. That the two Governments ( Presbytery and Monarchy ) of Church and State , have suted one another , many ages , since the Nation was Protestant ( 2 Vind. § . 11. p. 14. It were to Vie with him for his own Talent , I say , to insist on all these , and many more , such , which are to be found in his Matchless writings . I shall , therefore , mention only three or four of his most Elaborate Mysteries . And 1. Our Judicious Author wrote Animadversions on Doctor Stillingfleet's ●renicum , and you may judge of the Metal of the whole by this one Specimen , which you have not far from the beginning . D. Still . ( p. 2. ) had laid down this Foundation , that difference of opinion about a point , and probable Arguments brought on both sides , by wise and able men , if it be not a matter of necessity to salvation , gives men ground to think that a final decision of the matter in Controversie was never intended as a necessary means for the Peace and Unity of the Church . Against this position G. R. Reasons thus ( p. 5. ) If any things not necessary to Salvation , be so Necessary to be clearly revealed , that we are to look upon them as not Christs Truth , if there remain a Controversie about them , managed with specious Arguments , on both sides , among wise and able men , much more , things necessary to Salvation must be thus clearly revealed , so that there is no truth in them , if they be so Controverted ; but the consequent is most false and absurd . Ergo , &c. Let the Reader try his skill on this Mystery , and fathom the depth of it , if he can . 2. The next Mystery I thought to have insisted on , is that grand one about the Decrees of God , ( 2 Vind. p. 66. ) viz. That God has a Decree that 's Praeteritum as ane Act of Soveraignty , and a Decree that 's Praedamnatum , as ane Act of Iustice. But I am told , this has been sufficiently represented already : And therefore I shall say no more about it , but this , that there is no Reason to think , it was a Typograhical Error : For , after it was thus Printed in Scotland , it was Reprinted in England without Alteration or Correction ; So that there 's all the Reason in the world to impute it to the Author : But , if so , was he not , at best , a Mysterious Theologue ? But 3. The next I shall produce , tho' not sounding so directly towards blasphemy , is every whit , as good Mystery . The Story is this . Doctor Stillingfleet , in his Vnreasonableness of the Separation from the Church of England , forbore to sustain the Lawfulness of Liturgies , &c. Because Doctor Falk'ner had done it so well before : But our Author had made some Collections on the subject ( Ration . Defen . &c. p. 222. ) And it was pity they should be stifled ; And therefore they behoved to be published . I am not to insist on every thing that is Mysterious in that Learned Disquisition on the subject of Liturgies , with which he has blest the Island . One thing shall suffice . In his burning zeal against Liturgies or Set forms , he advances this proposition ( among many others ) That it is Vnlawful to worship God by a frame of service , that is not warranted in the word , both as to its Matter and Manner . ( pag. 226. Sect. 8. ) This I prove ( says he ) 1. From Christs Condemning the Traditions of men , as vain worship , Matt. 15.9 . They taught these Traditions , i. e. ( saith Lucas Brugensis in Locum ) they followed them , and taught others to follow them . The same Author calleth these Mens Traditions , that are so , of men , that they are not of God , or are devised by man ; ibid. So also , Vatablus , Erasmus , Maldonate , Tirinus , Piscator , Calvin and Chemnitius , say , Here is meant whatever is brought into Religion without the word : Now it is Manifest that a frame of Divine service not warranted in the word falleth under this General Head. Thus you have all these Gentlemen , Lucas Brugensis , Vatablus , Erasmus , &c. ( tho' some of them were Papists , some of them Lutherans , and not one of them but own'd and used Liturgies ) strong against Liturgies , if not directly , at least by plain consequence . But our Author proceeds . Secondly , The Lord condemneth all worship offered up to him , that he hath not Commanded , Jer. 7.31 . ( turn to the Text and try if it is not pertinently adduced ) Where not being commanded , but devised by men , is made the ground on which that practice ( tho' otherwise evil also ) is Condemned : And Jeroboam 's Frame and way of service is Condemned because Devised ( Heb. Created ) of his own heart , 1 Kings 12.33 . Thirdly , Even Reason teacheth that God ought to chuse how he will be honoured , or worshiped by his Creatures . He best knoweth what will please him : And his Soveraignty in all things must especially appear in this that himself is so nearly concerned in . This is a principle so rooted in nature , that among the Heathens , they that contrived their Liturgies , or ways of worship , behoved to pretend Revelation from their Gods , to guide them in this . It was never heard of among the more Religious Heathens , that Religion , or the manner of worshipping their Gods was enjoyned only by Mans Authority , and divised only by him . Yea , in the so much magnified Rosary of the Virgin Mary , It is alledged that Saint Dominicus had it revealed by the Virgin her self , that this Form of service was most acceptable to her ; And it is added , That she was fittest to chuse what way she would be worshipped . I hope they ( the Papists ) and such as symbolize with them , ( those of the Church of England ) in ordering of the worship of God , will give us leave to say the same of her Blessed Son. Fourthly , For the Matter of worship , I think , it will not be Questioned , whither that must be appointed by God , or not ; — But even the FRAME , COMPOSVRE and MODE of Divine worship should have Divine warrant , otherwise , it is not acceptable to God , &c. Now , Not to make much needless work ; Consider 1. our Authors great business was to prove the Unlawfulness of Liturgies , or Set-forms of Prayers , &c. in the publick worship . Consider 2. that he ( as his Sect , generally , ) is against using the Lords Prayer , the only Prayer I can find of Divine Institution , in the New Testament , as to the MATTER , FRAME , COMPOSURE and MODE of it . Consider 3. that our Author would be very angry , and complain of horrid injustice done him , if you should charge him with Quakerism , or praying by immediate inspiration : For who so great enemies to Quakers , as Scottish Presbyterians ? Consider 4. if his Arguments can consist any better with Extemporary Prayers , which are not immediately inspired , and , by consequence , cannot be of Divine Institution , as to MATTER , FRAME , COMPOSURE , and MODE , than with Set-forms which are not of Divine Institution as to MATTER , FRAME , COMPOSURE , and MODE . Consider 5. in consequence of these , if we can have any publick Prayers at all : And then consider 6. and lastly , if our Author , when he wrote this Section , had his zeal tempered with common sense ; and if he was not knuckle-deep in right Mysterious Theology . But as good follows : For 4. Never man spoke more profound Mysteries , than he hath done , on all occasions , in his surprizing accounts of the Church of Scotland . He tells us of a Popish Church of Scotland , since the Reformation , and a Protestant Church of Scotland . He tells us , ( 1 Vind. Answ. to Quest. 1. § . 10. ) Presbyterians do not say that the Law made by the Reforming Parliament , Anno 1576 , took from them ( the Popish Bishops ) the Authority they had over the Popish Church — but it is Manifest , that after this Law , they had no Legal Title to Rule the Protestant Church . This same , for once is pleasant enough : The Reforming Parliament , while it defined the Church of Scotland ( and it defined it so as to make it but one , as is evident from Act. 6. which I have transcribed word for word in my Book , allowed of two Churches of Scotland , two National Churches in one Nation . But this is not all : He hath also subdivided the Protestant Church of Scotland , into two Churches of Scotland : The Presbyterian Church of Scotland , and the Episcopal Church of Scotland . He insists very frequently on the Presbyterian Church of Scotland . Thus , in his Preface to his First Vind. of his Church of Scotland , in great seriousness , he tells the world that , that which is determined concerning all them that will live Godly in Christ Iesus , that they must suffer persecution , is , ( and has long been ) the lot of the PRESBYTERIAN Church of Scotland . And in his Preface to his 2 Vind. § . 7. I have , in a former paper pleaded for the PRESBYTERIAN Church of Scotland , against ane Adversary , &c. And in Answer to the Hist. Relat. of the Gen. Ass. § . 12. his Adversary had said , that , General Assembly was as insufficient to represent the Church of Scotland , as that of Trent was to represent the Catholick Church . And G. R. readily replys , but he cannot deny that it represented the PRESBYTERIAN Church , and was all that could be had of a PRESBYTERIAN Assembly . He is as frank at allowing ane Episcopal Church of Scotland : Thus , ( in True Represent . of Presb. Governm . in Answ. to OB. 10. ) The Ministers that entered by and under Prelacy , neither had , nor have any Right to be Rulers in the PRESBYTERIAN Church — Whatever they might have in ANOTHER Governing Church ( i. e. the Episcopal Church ) that the State set up in the Nation , &c. And more expressly , in Answ. to the Hist. Relat. of the Gen. Ass. 1690. § . 3. Again ( says he ) tho' we own them ( the Prelatick Presbyters ) as Lawful Ministers , yet we cannot own them as Ministers of the PRESBYTERIAN Church : They may have a Right to Govern the EPISCOPAL Church , to which they had betaken themselves , and left the PRESBYTERIAN : yet that they have a Right to Rule the PRESBYTERIAN Church , we deny . By this time , I think , the Reader has got enough of Scottish National Churches , and their distinct Governours and Governments . The Popish Clergy ( even since the Reformation was established by Law ) have Right to Rule the Popish National Church of Scotland : The Protestant Episcopal Clergy have Right to Rule the Protestant Episcopal National Church of Scotland : The Protestant Presbyterian Ministers have only Right to Rule the Protestant Presbyterian National Church of Scotland . By the way , May not one wish , that he and his party had stood here ? For if the Episcopal Clergy have Right to Rule the Episcopal Churh , and if it was only Right to Rule the Presbyterian Church , which they had not , why was their own Right to Rule themselves taken from them ? Are not the Presbyterians unrighteous in taking from them all Right to Rule , when they have Right to Rule the Episcopal Church of Scotland ? But this ( as I said ) only by the way : That which I am mainly concern'd for at present , is , that the Reader may consider if there is not a goodly parcel of goodly sense in these profound Meditations . Yet better follows . After all this laborious clearing of marches between Scottish National Churches , particularly , the Episcopal and Presbyterian National Churches of Scotland , He tells you , for all that , they are but one Church of Scotland : But in such Depth of Mystery , as , perchance , can scarcely be parallell'd . Take the worthy speculation in his own words . ( True Rep. ad OB. 10. ) Let it be further Considered ( says he ) that tho' we are not willing so to widen the difference between us and the Prelatick party , as to look on them and our selves as two distinct Churches ; Yet , it is evident , that their Clergy and we are two different Representatives , and two different Governing Bodies of the Church of Scotland : And that they who are Members of the one , cannot , at their pleasure go over to the other , unless they be received by them . Well! Has he now Retracted his making them two Churches ? You may judge of that by what follows in the very next words . For thus he goes on . These things thus laid down , let us hear what is objected against this Course ( the Course the Presbyterians were pursuing with Might and Main , when he wrote this Book , viz. That the Government of the Church , might , primâ instantiâ , be put in the hands of the known sound Presbyterian Ministers , &c. ) First , this is to set up Prelacy among Ministers , even while it is so much decryed ; That a few should have Rule of the Church , and the rest excluded : Answ. It is not Prelacy , but a making distinction between Ministers of one Society , and those of another . Tho' they be Ministers , they are not Ministers of the Presbyterian Church ; They have departed from it , we have Continued in the good old way , that they and we professed ( for who can doubt that all the Scottish Prelatists were once Presbyterians ? ) It is not then unreasonable , that , if they will return to that SOCIETY , they should be admitted by it , &c. Now , What can be plainer , than it is , hence , that they must be still two Churches ? He makes them in express terms , twice over , two distinct SOCIETIES : He makes one of these Societies , the Presbyterian Church : Of necessity , therefore , the other must be the Episcopal Church : And is not this , unavoidably , to make two Churches ? Yet , neither is this the true yolk of the Mystery , as I take it : That lyes here . That the Episcopal Clergy and the Presbyterian Clergy are two different Representatives , two different Governing Bodies of the one Church of Scotland . I remember , our Author in his Rational Defence of Non-Conformity , &c. Exercised Dr. Stillingfleet to purpose for talking of something , which , he thought , lookt like two Convocations in England ( viz. the Vpper and the Lower Houses ) He seems above ( says G. R. ) to make such Convocations , and so there must be either two Churches of England ( and why not , as well as three of Scotland ? ) Or the one Church of England must be Biceps , and so , a Monster . Thus our Author , there , ( p. 195. ) I say , and it seems he was mindful of it when he wrote his True Representation of Presbyt . Governm . For he was careful , indeed , to avoid the making of his one Church of Scotland , Biceps , and made it something else : But what thing ? Your pardon for that : I have neither Latin nor English name for it : I thought once , indeed , on [ Bicorpor ] But I found it could not do : For he makes not his one Church two Bodies : What then ? I told you already , I can find no name for it : But , if I have any Idea of this his one Church , she is such a thing as this ; A Body Govern'd by two different Governing Bodies , without ane Head. That she is a Body , I think , cannot be Controverted , for all Churches are commonly own'd to be Bodies . That she is Govern'd by two different Governing Bodies , is clear from the Text : For thus it runs ; We will not so widen the difference between us and the Prelatical partie , as to look on our selves and them , as two distinct Churches ; Yet it is evident , that their Clergy and we are two different Representatives , and two different Governing Bodies of the Church of Scotland . That she is Govern'd by these two different Governing Bodies , without ane Head , is likewise evident , for there is not so much as one syllable about ane Head in the Text : And there 's all the Reason in the world for it ; For , besides the difficulty of joyning one Head , conveniently , with two Bodies ; to what purpose , ane Head for her , when she is so well stored of Governing Bodies ? Are they not received maxims , that , Non sunt multiplicanda entia sine necessitate , and Deus & natura nihil faciunt frustra ? The Definition , then , is unquestionable . Well! Perhaps the Reader may be curious to know how G. R. came by this super-fine Idea of a Church . I have had my conjectures about it ; And the most probable that offered was this . No doubt he is wondrously well acquainted with Plato , otherwise , how could he have made the singular discovery , that Socinians and Stoicks were Platonists ? Now Plato , ( Conviv . p. 322. Edit . Lugd. 1590. ) as I remember , has a pretty story about a certain Species of Rational Animals which were early in the world , and which he calls 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , as if you would say Man-woman , or so : This Creature had two Faces , two Noses , four Hands , &c. in a word , it was a round Body , which contained both Sexes in it , Man and Woman , as it were , united by their backs : It was a vigourous , sturdy kind of Animal , and Iupiter turn'd afraid of it , and therefore , to weaken it , and make it more toward and subdueable , he took ane Ax or some such sharp instrument , and clave it from top to bottom , in the very middle , as if you should cleave ane egg into two equal halves ; And then , being ( as you know ) a nimble Mountebank , he drew together the skin , on each back , in a trice ; and applyed some Soveraign Medecines ; and both backs were made sound immediately ; and the divided parts of the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , being now 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Man and Woman , and having the felicity to look one another in the face , they fell in Love with one another : And this was the Original of Love , and Courting , and Marriage , and all that . Now , I say , The most probable conjecture I can make of the way how G. R. came by his surprizing Idea of the one Church with the two different Governing Bodies , is , that when he Read this story in Plato , it made a deep impression on his imagination , and he labouring to out do Plato at nimbleness of design and invention , fell upon this stranger and more surprizing Notion of a Church . But however this was , I think our Author had Reason to say ( Animad . on Iren. p. 51. ) That a Church is a singular Society , and of another nature than other Societies , and therefore she ought to have a singular Government . For sure I am , he has given the one Church of Scotland a Government which is singular enough . One thing is certain . At this rate , she wants not Government nor Governours ; And , of all the Churches in the world , she is likest to have the best Canons and the justest Measures prescribed to her : For if the one Governing Body prescribes wrong , the other must readily prescribe right ; For never were two Governing Bodies of one Society in greater likelyhood of contradicting one another . 'T is true , the Governed Body may be sometimes puzled about its obedience , and reduced to a state of Hesitation about the opposite prescriptions , whither of them it should follow : But that 's but a small matter ; Our Authors invention is not yet so far decayed but that I can promise for him , if he pleases , he shall as easily extricate it out of that difficulty , as he can give ane intelligible account of this his one Church , with the two different Governing Bodies . Only one thing thing more I add . Our Learned Author tells us in his Preface to this his Book , in which he has this Mystery , that , it was a work not undertaken at first , of his own private motion , and that ( before it was published ) it passed ane Examen Rigorosum of not a few Brethren . Now , if he spake truth , here , as I am apt to believe he did not ) the world may judge of the accuracy of some mens Rigorosa Examina . And so much for a Taste of our Authors second Cardinal Virtue . Proceed we now to III. The third , which ( tho' it looks as like Ill-nature as ever egg was like another ) in complyance with our Authors generous inclinations , I am content should pass under the name of his Excessive Civility : I allow it this name , I say , because our Author himself hath so Dubb'd it . For thus he tells us ( 2 Vind. Pref. § . 6. ) I have treated the Adversaries , I deal with , as Brethren ; Desiring rather to EXCEED , than come short in CIVILITY and fair dealing with them . Never was Author more plentifully furnished with this Ingenuous Quality , than G. R. Take a Specimen of it , from his Second Vindication , &c. Edit . Eden . Anno 1691 ; And consider with what Excess of Civility he treats his Adversaries . The Author of the first of the four Letters , that Military Chaplain ( p. 14. ) that man of a vain mind ( p. 19. ) was Guilty of the Height of Disingenuity : ( p. 9 ) And it was the highest Impudence and Sawciness for a stranger ( such as he was ) thus to reproach the representative of a Nation , where he was so civilly treated . ( p. 12. ) And yet the whole Nation knows , the Gentlemen had asserted nothing but Truth , when he met with this Civility from our Author . The Author of the second and third Letters , was blinded with Rage . ( p. 22. ) Was guilty of shameful Hypocrisie twisted with Malice . ( p. 23. ) His words were full of Monstrous Hyperbolies , if not plain forgeries . ( p. ● ) He exposed his own folly , malice and silly credulity . ( p. 42. ) Was guilty of the highest efforts of Malice , blinding the mind , and depraving the apprehension of things . ( p. 45 ) His ignorant malice not to be answered but despised . ( p. 52. ) Judas Iscariot was his Predecessor . ( ibid ) He was a Cholerick Momus , whose Patron was Rabshakeh . ( 56 ) He Vindicated the Prelatists fron being Persecutors , with a confidence in asserting Falshoods , and denying Known-truths , beyond any degree , that any sort of men , except Jesuits , have arrived at . ( 67. ) He told things absurd above measure . ( 69 ) G. R. can convince the Reader ( if the Author of this Letter was the Person whom he guessed ) of his most absurd and habitual lying , known to most of the Nation , even to a Proverb . ( 71. ) But I am apt to think he guessed wrong ; But whoever he was , he wrote in such a violent and insolent stile as deserved ane answer of another nature than a Paper-Refutation ; i. e. the Gallows , as I take it . The fourth Letter was not inferior to any of the rest in abominable lies and reproaches : ( p. 81. ) the most bitter invectives that could be invented , filled up this Authors few pages . ( ibid. ) What he wrote , was not to be refuted more than the words of a mad man , or of one raging in a Feaver . ( ibid. ) In a word , this Letter was so unexaminable , so full of virulent reproaches , and so void of any thing that was Argumentative , that it was impossible for any man to Answer it , except his Talent for railing , and his conscience to say what he would , true or false , was equal to that of this Gentlemans . ( ibid. ) The Author of the Case of the afflicted Clergy , &c. spake rage and fury , ( 84 ) was a malicious Calumniator , ( 89 ) a common liar , ( 101 ) most petulantly reproached the Government . ( 110 ) Twenty more such excessive Civilities he pay'd him . The Author of the late Letter , I think , had done well , to have saved himself the labour of writing it ; for , if he got not his share of G. R's excessive Civilities , G. R. himself was mistaken . This piece was behind none of the rest in effronted and bold lies , and to say this might be a just Refutation of of the whole Book ; ( 117 ) This Author spake broad-faced lies ; ( ibid. ) Impudent and broad lies , gross and malicious lies ; bold Calumnies ; ( 118 ) shameless lies ; slanderous forgeries . ( 119 ) He maliciously belyed his Nation : ( ibid ) Spate venome : ( 121 ) Lying and misrepresentation were familiar to him ; ( 122 ) He most impudently obtruded upon peoples credulity ; ( 125 ) was perfrictae frontis ; ( 126 ) Nothing , tho' never so certainly and manifestly false , could choak his conscience . ( ibid. ) He spued out the most spiteful venome that could lodge in ane humane breast . ( 136 ) Forty more such Civilities he payed him : And it was reasonable to treat him so , for , The impudent accusations of this Scribbler , and the obligation that lay on Persons and Churches to necessary self defence , constrain'd G. R. to treat him thus Civilly . ( 137 ) The Author of the Memorial ( tho' I am apt to think G. R. knew he was dead before his Second Vindication was published ) got Civilities payed him , of the same stamp , and out of the same repository : For , the Memorial was a print full of bitter and unreasonable invectives , ( 137 ) full of malicious insinuations . ( ibid. ) 'T was nothing short of the rest for most gross falshoods , in matters of Fact , and most injurious representations of the Presbyterain way and principles . ( ibid. ) The Moral Qualities of the Author might be seen , by his Book , to be none of the best . ( ibid. ) It was a parcel of false and malicious History as ever was written in so few lines . ( ibid. ) It began and ended with lies and railing . ( ibid. ) A man who took Liberty to slander , at that rate of impudence , deserved rather chastisement than ane Answer . ( 138 ) The writer was but a Scribbler . ( 139 ) He wrote neither like a Christian , nor like ane Historian . ( 140 ) He wrote perfect railing . ( ibid. ) He accused the Presbyterians , with a bloody mouth , of what hath been a thousand times refuted as ane horrid lie , viz. That the Scottish Presbyterians did perfidiously give up their King to the English , who murdered him . ( ibid. ) Now , if there was Reason for being at the expence of such ane excessive Civility , on this occasion , let the world judge : And , indeed , it is a most surprizing Defence G. R. made for his Scottish Presbyterians in that matter , why ? He was the King of the English ( forsooth ) as well as theirs , and they could not withhold him from them . So that the whole matter was no more than if ane English Ox had strayed or been stolen , and falling into the hands of Scottish Presbyterians , they had restored him , and got so much for reward ; At most , it was not the Oxes price , it was only black meal as we call it . But to proceed , this Author of the Memorial advanced assertions beyond what Iesuitical Impudence it self hath ever arrived at ▪ ( 142 ) And , which is worst of all , worse than any thing that ever proceeded from the mouth of Platonist , Stoick , Socinian or Iesuit , He most wickedly reproached the Covenant . ( 146 ) The Author of the Annotations on the Presbyterian Address , &c. Quibbled more like a Buffoon than a Disputant , ( 147 ) and wrote so pure railing , as admitted of no other Answer , but to brand the whole of it with this Motto , that it was void of Truth and Honesty . ( 150 ) But God a Mercy on the miserable Author of the Historical Relation of the Gen. Ass. &c. What ane Heterogeneous piece of the Creation was he ! The most fit Refutation of this Pamphlet , were , to write on the margin of every page , LIES and CALUMNIES . ( 150 ) This Author spake broad lies ; ( 151 ) Was a delicious Scribbler ; ( 156 ) His fancy was tinctur'd with malice and prejudice ; ( 161 ) He advanced whole Fardels of lies and malicious representations ; ( 162 ) He gave no proof of either sense or learning in his Book , but many Demonstrations of spite and railing ; ( 165 ) His tongue was set on fire of Hell — and his kind respects to any man , were indeed a reproach to him . ( 166 ) He had abandoned all Reason and good nature . ( ibid. ) Had a brazen forehead . ( ibid. ) Nothing could escape the lash of his virulent Pen. ( ibid ) His tongue was no slander . ( 168 ) He was nothing but a Sciolist ; ( 169 ) A Cholerick Scribbler . ( 170 ) His Paper was loaden with lies . ( ibid. ) He was not ashamed to tell lies in the face of the Sun. ( 171 ) He had so inured himself to the foulest lies and calumnies , that he could hardly speak or write truth . ( 175 ) He was a Reviler ; ( 182 ) A railing Scribbler who Censur'd and Condemned all Presbyterians without wit or discretion . ( 114 ) In short , He was a snarling curr , ( 191 ) and a spirit of lying had possest him . ( 192 ) Thus , I think , I have given a Taste of our Authors excessive Civil●ties to the Adversaries , he Answered in his Second Vindication : What a formidable Author had he been if he had suffered himself to have Treated his Antagonists with such just , ( not to say excessive ) severities as they deserved ! What Authors have these been , to whom such Treatment was nothing else than excessive Civility ? So strangers might think who were not acquainted with G. R.'s nature . His nature , I say , for , indeed , it seems to be natural to him , to exceed thus in Civility towards all the Authors he ever dealt with ; at least , so far as I can learn by such of his Books as I have had the luck to be Edified withal . Thus , In his Preface to his first Vindication , he discharges thus against the Author of the Ten Questions , &c. Now when their ( the Prelatists ) hands are tyed that they can no more afflict her ( his Presbyterian Church of Scotland ) their Tongues and Pens are let loose to tear her without mercy , by the most virulent invectives , and the most horrid lies and calumnies that their wit can invent . And in Answ. to Quest. 4. § . 2. He adorns him with the honourable Title of Controversal Scribbler . And the first words of his Answer to the 6 th Quest. are singularly complemental . It may be observed from this Authors conduct ( says he ) in his Pamphlet , what it is to be fleshed in bold averring of what all the world knoweth to be manifest untruths : some by boldness and frequency in telling lies have come at last to believe them as truths , &c. I have also seen two Books written by him , against D. Stillingfleet ; One against his Irenicum , another against his Vnreasonableness of the Separation , &c. In both G. R. is excessively Civil to the Dr. after his wonted manner . In his Preface to Animad . on Iren. he says the Dr. exposed himself between principle and preferment . In the Book , he calls him ane Abettor of Scepticism . ( p. 5 ) For the most part he doth nothing but magno conatu nihil agere . ( 18 ) He evidently Contradicts himself , and G.R. wonders to meet with Contradictions , so often , in so Learn'd ane Author . ( 22 ) Contradictions are no Rarities in him . ( 27 ) It was impudently said by the Doctor that our Saviour kept the Feast of the Dedication . ( 124 ) His propositions are such Reflections on Scrip. that any but a Papist may be ashamed of . ( 132 ) These and twenty more such Regular Civilities he pays him . He is more Civil to him , yet , in his Learned Answer to the Doctors Vnreasonableness of the Separation , &c. The Doctor wrote unexpected incoherencies : ( p. 4 ) Used wonderful considence . ( 9 ) Ieer'd the zeal and warmth of Devotion , ( 16 ) was blinded with passion . ( 20 ) a Taunter . ( 21 ) Advanced fallacious , if not false History . ( 41 ) Would have things so , and so , in despight of History . ( 50 ) Woe to the world if such false and partial History carries the Day ! ( 52 ) ( Just the same upon the matter with his woe to posterity if the lying stories which some have printed , and , with bold impudence , avouched , pass with them for Authentick Histories . Pref. to 2 Vind. § . 1. So that the Readers of that Vindication need not be much amused with such Cant : It follows of Course with our Author . ) But to go on with his Civilities to Dr. Still . the Doctor used Ratiocinations that would better become Pharisees . ( 68 ) Asserted things so rashly and falsely , that G. R. had no name for such Assertions . ( 69 ) His prejudices darkned his understanding . ( 85 ) He made a mad exposition of the Second Commandment . ( 125 ) Stretched and forced Scripture . ( 126 ) Spake things beyond comprehension . ( 148 ) Made unbecoming Reflections on the word of God. ( 189 ) Vsed sorry shifts , &c. ( 204 ) Outfaced plain Light. ( 206 ) Wearied not of writing beside the purpose . ( 210 ) Advanced Conceits unworthy of a Divine , and only fit for Simon Magus . ( 214 ) He did not Act the part of a Disputant , or a Casuist , but of somewhat else , our Author thought shame to name . ( 275 ) These and God knows how many more such wonderful Civilities he payed the Doctor : Particularly two , for which , no doubt , G. R. stretcht his invention . D. Still . had said something concerning the English Ceremonies ( 't is no great matter ) what it was ) and G. R. Replys , wittily , ( p. 55 ) This is so indigested a notion that it doth not well become the Learning of Doctor Stillingfleet , tho' it be good enough for some to rant with , over a pot of Ale. How many good glasses of Forty-nine ( alias , good Sack ) has our Author got for this ! Again , the Doctor had said that the Cross in Baptism was a Ceremony of admitting one into the Church of England . But I doubt ( says G. R. ) it will prove but a Mouse brought forth by the long labour and hard throes of a Mountain . Was not this a pure Flight ! a lofty Paraphrase on Parturiunt Montes ! Thus we have seen a sample of his excessive Civilities to such single persons as had the Honour to be his Adversaries . What a pity had it been , if such Civilities had been only dispenced to half a dozen of Individuals ! Our Author , no doubt , was sensible of this , and therefore , he has even thought fit , when he had occasion to extend them to whole Churches , particularly , the Episcopal Church of Scotland , and the Church of England . Indeed , The whole Body of the Episcopal Clergy of Scotland have got a large share of his Civilities : Take this Specimen , only from his Second Vindication , &c. Presbyterians are all Iacob's , and Prelatists , Esau's . ( Pref. § . 1. ) Presbyterians , the seed of the Woman , Prelatists , the seed of the Serpent . ( ibid. ) The Prelatists are a spiteful and clamorous sort of men : ( § . 5. ) Men enraged by being deprived of the opportunity they had to persecute their Neighbours . ( Book p. 1 ) Their course is Diametrically opposite to Moderation . ( p. 2 ) They are men of mean spirits and Mercenary souls : ( 4 ) Vnfaithful men : ( 17 ) Men who use Vnmanly as well as Vnchristian shifts . ( 25 ) Most of them who were put out ( i. e. thrust from their habitations and the exercise of their Ministery , since the beginning of the late Revolution ) were put out by their own Consciences . ( 36 ) Arminians . ( 60 ) Socinians . ( 61 ) The contempt of the Ministery came from the Atheism and debauches of the Clergy . ( 64 ) Their immoral men may be counted by hundreds . ( 65 ) They are generally liars . ( 70 ) Men who exposed the Nation to the reproach of Barbarity . ( 24 ) Men of a restless temper , embittered in their spirits by what inconveniency they are fallen into , from the ease and dominion over their Brethren , which they lately had . ( 84 ) Men , justly loathsome and a burden to the People . ( 99 ) Instead of feeding their Flocks , they worried them . ( 103 ) Inciters to and Abettors of Persecution . ( 126 ) A Faction that indulged debauched men in their immoralities . ( 166 ) Hundreds of their party guilty of gross immoralities , for one Presbyterian . ( 166 ) Their debauchery tempts people to count all Religion a sham . ( 173 ) Generally favourers of Popery . ( passim ) Men who are wiser than to comply with the present Establishment of the Church , from which , 't is like , they would have been excluded for their immoralities or errors . ( 5 ) And God knows how frequently he makes them , generally , Ignorant , or Erroneous , or Scandalous , or Supinely Negligent . This I think may serve for a Tryal of his excessive Civilities to the Scottish Clergy . Well! But is he as Civil to the Church of England ? Take a Proof from his Rational Defence , &c. Those of the Church of England , seem wiser than Christ and his Apostles , from whom they do manifestly and confessedly differ , in the things Controverted , between them and the Nonconformists . ( p. 71 ) They are either strangers to England , or strangely byassed , who see not cause to complain of the Ignorance , Idleness , and Vicious Conversation of the English Clergy . ( 40 ) 'T is the spirit of the party still to Create trouble to the Church . ( 63 ) They are ane imperious Superstitious Clergy , that will be Lords over Gods inheritance , in despight of the Apostle . ( 80 ) And how often doth he call them , Liars , Misrepresenters , Calumniators , & c. ? ( vid p. 66 , 274.275 , 276 , &c. I shall only mention one instance of the English Episcopal Knavery which G. R. resents very highly . You may see it pag. 276. I have met with another instance ( says he ) of Episcopal ingenuity , for exposing the Presbyterians among the Foreign Churches . It is in a Letter of the famous Bochart , dated Nov. 2. 1●80 . in Answer to a Letter from Doctor Morley , wherein the Doctor representeth the Presbyterian principles in three positions , whereof the third is a GROSS CALUMNY — The position is , Reges posse vi & armis a subditis cogi in ordinem , & si se praebeant immorigeros , De Soliis Deturbari , in Carcerem Conjici , Sisti in jus , per Carnificem denique capite plecti . i. e. That Presbyterians maintain , that Subjects may call their Soveraigns to ane account by Force of Arms , and if they are stubborn , incorrigible Soveraigns , they may cast them in Prison , Iudge them Sentence them , and order the Hangman to give them a cast of his craft . And now , kind Reader , judge impartially , was not this a Gross Calumny ? What impudent lying Rogues must these English Prelates and Prelatists have been , who so Grossly Calumniated such Eminently Loyal Subjects , such True Friends to Monarchy , such unquestionable Pass●ve-obedience , and Non-resistance-men ? But , return we to our Author . One thing may be pleaded in his behalf ; It is , that this his Rational Defence , &c. ( as he says himself was written about the time that K. I. came to the Throne , i. e. some four years before the late Revolution ; and at that time it was excuseable in him to tell his mind freely about the English Clergy ; Because , he was , then , a Non-conformist in England , and suffering under their Yoke : But now that Presbytery is Established in Scotland , and he has got a Post there , in which he can live to purpose , his temper is become a little sweetned , and he will not any more be ane Enemy to the English Clergy . Nay , has he not published so much , lately , in his Second Vindication ? True ! He has : More , he seems to have promised , at least , professed so much , not only for himself , but for his whole party . He has told the world in his Answer to the first of the Four Letters , § . 12. That Scottish Presbyterians are far from interposing in the Church of Englands affairs : that they are not bound by the Covenant to Reform England , but to concur , when Lawfully called , to advance Reformation . That 't is far from their Thoughts to go beyond that Boundary : That they wish their Reformation ; but leave the management of it to themselves . And in his Answer to the Case of the Afflicted Clergy , &c. § . 1. he goes a farther length . The Author had said That the Church of England should bethink themselves how to quench the flames in Scotland , &c. And G. R.'s Answers , Thus , they sow discord among Brethren , and animate England to concern themselves in the affairs of our Church , when we do not meddle in their Matters . Here , you see , he owns the English Clergy , for no less than his Brethren : Are they not Cock-sure , now , that they shall never have more of his excessive Civilities ? Well! I cannot tell what may be , but I can tell something of what hath already been . This same Loving Brother to the Church of England published his Rational Defence , &c. Anno 1689 , i. e. since the beginning of the late Revolution : And it is evident , his Preface was written since , likewise ; For therein he Discourses Rhetorically , How God , by the late Revolution , hath made us like them that dream , and done exceeding abundantly for us , above what we could think , out-done our Faith , as was foretold Luk. 18.8 . Now , In that same Preface , he owns , he published his Book , then , because he thought it a fit Season , and it seem'd allowable , if not necessary , that each party should put in their Claim , and give the best Reasons they could for their pretensions . Which , how it consisted with designs for the peace of the Church of England , let herself consider . This I am sure of , if his excessive Civilities could be helpful for unhinging her , she got them in that Preface , with a witness . Take this for a Taste . He not only exhorts his Readers to purge the Church of England , of bad Men , ane Ignorant , Scandalous , Heady and unsober Ministery . But he farther Discourses thus , God will not be at peace with the Church , while such are countenanced ; and good men cannot , with any satisfaction , behold such scandals to Religion , and such effectual Instruments of the ruine of Souls continued in the Church : — while some effectual course is not taken to remove them ; The Church is like to have little peace , either with God or in her self : Let all then contribute their endeavours to have the unsavoury salt cast out — if this piece of Reformation be endeavoured , all ranks must put hand to it : The People , by discovering such , where they are ; And not calling nor countenancing them when they want a guide to their Souls : And Magistrates , by endeavouring the Regulating of such Laws , as do , in any wise , open the door to such men to enter . And again , Church Reformation must also truely be endeavoured by us , if we would have Church peace . It is no token for good when sinful evils , images of jealousie which provoke the Lord to jealousie ( such as Episcopacy , the Liturgy , Ceremonies , Holy-days , &c. ) are in the Church ; and yet all agree in these ways , none lament them , nor reprove them , nor take care to keep their Garments clean from the Corruptions of the time , &c. Now , that all this is directly intended against the Church of England , is evident from the whole Contexture of that Preface . By this time , the Reader , I think , has got enough of G. R.'s excessive Civilities to all Persons and Churches he has been pleased to take notice of . Proceed we now to the last of his Cardinal Virtues , viz. IV. His singular Modesty : And here a vast field opens ; for , except the aforesaid three , there is scarcely another of his Qualities , good or bad , that makes any considerable appearance . But so it is , that generally , the greater lights obscure the lesser . Nay such ane Awkward Quality is this in our Author , that one would think , It has been at feud with it self , and had designs for obscuring its own Lustre ; For you no sooner have found ane instance which you may be apt to apprehend , is the very brightest Impudence ; than instantly another casts up , twenty times more splendid , and before you have got through them all , you are at a loss again , and you cannot tell which was the most surprizing . But I shall only give a Specimen of this Vertue as I have done of the rest . 1. Then , the blot of impudence might have been charged upon him , tho' he had said no more than what he has said concerning the Prelatical Scribblers , ( Pref. to 1 Vind. ) viz. That they used a piece of cunning , in spreading their Books in England , only , where the things contained in them could not be known nor examined , but there was never one of them to be found in a Booksellers shop in Scotland , where most Readers could have discovered the falshood of their Allegations . And his Brother Mr. Meldrum in his Letter subjoyn'd to G. R.'s Second Vindication , insists on the same ingenious Speculation . And yet both of them could not but know very well , that these Prelatick Scribblers might have attempted to have pull'd a Star from the firmament , as plausibly , as to have got any thing that made against the Presbyterians printed in Scotland : One thing I can assure G. R. of ; his True Representation of Presbyterian Government had not seen the light , many days , when a Licence was sought for publishing ane Answer to it ; But it could not be obtain'd : And how many innocent Pamphlets have been seized by the Government , since the beginning of the late Revolution ? Did not both these Gentlemen know this sufficiently ? And was it not Impudence in them , especially in G. R. considering the Post he had , to publish such a Calumny , as that it was the Conscience of the falshoods were in them , that made his Adversaries publish their Books in England ? 2. Another instance of his Impudence might be , his so frequent insisting on the Loyalty of his party : Believe him , and no men can be more Loyal than Scottish Presbyterians . Nothing but malice can make any think that Presbytery is ane enemy to Monarchy . ( 1 Vind. ad Quest. 2. § . 2. ) Our Obedience to Magistrates in all their Lawful Commands , and our peaceful sufferings of unjust violence are notour to all that can behold us with ane unprejudiced eye . ( True Rep. ad Ob. 1. ) None maintain more Loyal principles towards Kings than Presbyterians do . ( ibid. ad Ob. 2. ) They always abhorred Rebellion . ( 2 Vind. p. 63 ) Yea , it is manifest , it is not their principle to bargain with their Kings about Allegiance . ( ibid. p. 99 ) Our principles are known , that we owe Loyalty , and have payed it , even to ane Idolatrous King. ( i. e. K. J. ibid. p. 115 ) Who can deny now that Presbyterians are true Passive-obedience and Non-resistance men ? Or rather who knows not that this is Bantering the Common sense of all Britain ? 3. There 's no less Impudence in the large Encomiums he makes on the Harmlesness and Innocence of his party : 'T is true , and 't is much , he acknowledges sometimes , They are men ; They have infirmities ; They have been guilty of Excesses , &c. But try him to the bottom , and you shall never find him descending below these Generals : You shall not find him acknowledging that any particular instance , wherein they exceeded , was not very excusable . Thus , he cannot endure to hear that they were , ever , Persecutors or Rebels . Not Persecutors , for if they had been Persecutors , 't is not to be doubted that the Prelatists had felt it . But what have they ever felt ? Hear him in his Pref. to 1 Vind. It may be thought strange that the men with whom we have to do , should make such Tragical out-cries about their sufferings , when it may be made appear , that , in the late times , when Presbyterians suffered from their hands , any one of many , who may be instanced , suffered more hardships and Barbarous Cruelty , than all of them have endured . I must confess , these men who suffered so , have suffered to purpose ; For , I think , it was pretty severe for one man to suffer the deprivation of 5 or 600 livelihoods and have 5 or 600 families , perchance 4 or 5000 persons to maintain on nothing . I know not how far our Authors skill in Algebra may reach , but , I think , in this , he was hard enough for Common sense . But this is not all ; Hear him again , in that same Vind. ( ad Quest. 3. § . 1. ) All unbyassed men who know and have observed the way of the one , and the other , while they Alternatively had the Ascendant , will say , that the little finger of the meanest Prelate and his underlings was heavier than the loyns of the greatest Assembly of the Presbyterian Church . What Sir , no not the Ass. 1645 , nor 1648 , nor 1649 excepted ? And 2 Vind. p. 23. The sufferings of the Prelatists are but flea-bites in comparison of the bloody lashes that others suffered . And p. 45. Their sufferings are but scratches of pins , &c. And you know , even the tenderest nurses ( such as our Presbyterians are to Prelatists ) cannot constantly preserve their dearest nurselings from such accidents . Who can say , now , that ever Presbyterians were Persecutors ? Believe him , and they were as little Rebels . Episcopacy ( indeed ) raised a Tumult in K. C. Ists time which ended in its own ruine . ( 1 Vind. ad Quest. 2. § . 3. ) And yet in Answer to that same Question § . 5. 'T is true they ( the Prelatists ) raised no Tumults : For if there is a difference between raising Tumults , and raising no Tumults , yet it is certain , that they are only Abstracts which raise them , and Concrets do not raise them . Well! were the Concrets , the Episcopalians innocent of Tumultuating ? Consider what follows , They did what they could to raise a war for continuing on the necks of the People , that Yoke that they had wreathed on them , and did effectually draw on a bloody war , &c. But what did the Presbyterians on that occasion ? Why ? How far were they from being Rebels ! For , thus saith our Author ( 2 Vind. p. 140 ) These things ( whatever the Presbyterians did ) were done by the Body of the Nation , met in the most orderly representative that the time and case could permit ; And I deny not that they were EXTRAORDINARY ACTINGS . Nothing , in these times like Perjury , or Treachery , or Treason , or Rebellion committed by Presbyterians , you see ; All were EXTRAORDINARY ACTINGS . In short , Presbyterians are beyond reproaches in the Consciences of all that know them , and do not hate them . ( 2. Vind. p. 37 ) Now , 'T was none of my designs to render the Presbyterians peculiarly odious , by adducing these instances : I know these Crimes are not peculiar to them . I doubt not , many of them are not violently inclined to Persecution or Rebellion : I doubt as little many of them will be ready to acknowledge they are peccable as other men ; and things have been done by many of their party , which , such as are Ingenuous will not offer to Apologize for : That which I was mainly concern'd for , was our Authors Impudence : For who ever saw greater Impudence than there is in these Ridiculous Defences he has been pleased to publish in Vindication of his party ? 4. Another instance might be his making his party , so frequently , the only Protestants in the Nation ; The only men that resisted , or could resist , or were willing to resist Popery . Thus , the Author of the Ten Questions had said ( and said truly ) That the Presbyterians accepted and gave thanks for ane Indulgince , notwithstanding that they knew that all the Designs of the Court were for advancing Popery . How our Author Justifies their Thankful Addressing to K. J. for such a favour , shall be considered by and by . That which I take notice of at present , is , his Apology for their accepting of that Indulgence . It had been a strange thing ( says he , 1 Vind. ad Quest. 8. § . 2. ) if they should have been backward to Preach and hear the Gospel when a door was opened for it , because some men had a design against the Gospel in their opening of it . ( The Gospel , you know , was neither Preached nor heard in Scotland before a door was opened for it , by that Indulgence : But this by the way . ) Surely their silence and peevish refusing on that occasion , had been much to the hurt of the Gospel ; For , then , Papists ( who would not fail to use the Liberty , for their part ) should have had the fairest occasion imaginable to mislead People without ANY TO OPPOSE THEM : On the contrary , their using that Liberty was the great mean by which ( with the blessing of the Lord ) so very few , during that time of Liberty , were perverted to Popery , in the Nation . Now who should doubt , after this , that all the Prelatists were silent Encouragers of Popery ? And that the Presbyterians were the only People who Preached against it zealously , and opposed it boldly ? Here is such a Master-piece of our Authors main talent , as I am confident no other Presbyterian in the nation will offer to extenuate , far less , justify . He insists on the same Theme , in his 2 Vind. p. 91. where he tells , That wise men thought that the best way to keep out Popery was to make use of the Liberty for setting the People in the right way , &c. As if there had been no possibility of keeping them from turning Papists , but by making them Presbyterians . 5. Near of kin to this , is that other Common Head he sometimes insists on , viz. That all are Papists or Popishly affected , who were not for the late Revolution . Thus , in his 1 Vind. ad Quest. 9. § . 4. in Answer to that Allegation , that the Presbyterians denyed the Kings prerogative of making Peace and War , &c. He tells the world , If this his Argument can cast any blame on Presbyterians , 't is this , that there are Cases in which they allow the States and Body of the Nation to resist the King so far , as to hinder him to root out the Religion , that is by Law Established among them : And one should think that he might have been , by this time , convinced that this is not peculiar to Prebyterians ; But that all the Protestants in Britain are engaged in the same thing . And in his True Represent . ( ad Ob. 2 ) He has these plain words , what was done ( in removing K. J. from his Throne ) was not by us alone , but by all the TRUE PROTESTANTS in the Nation , who were indeed Concerned for the safety of that Holy Religion . Now , 'T is none of my present business to justify or Apologize for such as were , or are , against the late Revolution . Let Iacobitism be as great ane Heresie as our Author pleases to call it : Let him rank it with Platonism or Socinianism , if he will : Only , I dare be bold to say that it was ane odd stretch of Impudence to make it Popery . I mentioned , a little above , his Apologizing for his party's Addressing so thankfully to K. I. for his Toleration . And truly his performances that way may pass , 6. For another instance of his having a good Dose of Brow , as himself commonly calls his own prime Accomplishment . For it was such ane Arrant mixture of Flattery and Hypocrisy , especially when enlightened by their subsequent practice , that no Sophistry can palliate it , so , as to make it seem innocent : But it has been so frequently tossed already that I need not to insist upon it : Far less , am I at leisure to examine all the ridiculous stuff our Author has vented about it . Only one thing I shall propose to the world to be farther considered . Whoso has Read any of our Authors Vindications of his Church of Scotland , cannot but have observed that , even to loathsomeness , he was precise in pursuing his Adversaries , foot for foot , on all occasions , when Impudence it self could afford him any thing to say : Yet one thing of very great consequence , was alledged by the Author of the Second Letter , to which he has Answered nothing . What else could move our Author to this sinful and unseasonable silence , but the Conscience , that it was not fit to meddle with it ? The Matter is this : The Author of that Letter , having Discoursed how amazed the Presbyterians themselves were at the Dispensing Power , upon the publication of K. I.'s first Proclamation for the Toleration ; How little forward they were , at first , to accept of it ; And how they complyed not with its designs , till they got a Second Edition of it , &c. Offered at conjecturing about the Reasons which might have induced them , afterwards , to embrace it so thankfully and unanimously as they did . Amongst the rest I find he insisted on this as one , viz. That they had got secret instructions from Holland , to comply with the Dispensing Power in subserviency to the ensuing Revolution : And he added , that for this , he knew there were very strong Presumptions . Now , G. R. I say , passed this over , in a profound silence ; which , to me , seems a considerable presumption that there was some truth in the matter , and the Epistler had gues●ed right : But if it was so ; I think the Presbyterian Address to K. I. for the Toleration , may now appear in blacker colours than ever . I am earnest not to be mistaken : I do not Condemn their keeping a Correspondence with the Court at the Hague , on that occasion : Let that have been done dutifully or undutifully , as it might : All I am concern'd for is this , that , If they kept a Correspondence there , at that time ; if they got encouragement or Advice , thence , to comply with the Toleration ; If they were instructed to comply with it in subserviency to the ensuing Revolution ; If these things were , I say , then , what a villany was it in them to Address to K. I. in such a manner ? If they had known nothing of any Designs for setting him beside his Throne ; If they had been privy to no intriques against him ; If it had been nothing but a surprize occasioned by such ane unexpected Liberty , that prevailed with them to Address to him in such Terms , as they did on that occasion ; something might have been pleaded to extenuate their guilt , at least , tho' they had complyed with the Designs of the Revolution , afterwards , when they saw it prevailing : Their Ignorance of Intrigues , and the Politick Designs were then on foot ; and the possibility of their having been sincere when they Addressed so , to him , might have been pleaded in Alleviation of the Dishonesty of their not performing what they promised in their Address ; And it might have passed on with the common croud of infirmities which usually surprize men of weak resolution in such Critical junctures . But to be on Plots and Intrigues against him ; To snatch at his Concessions that they might be in a condition to ruine him ; and in the mean time , to make such protestations to him ; to flatter and cajole him at such a rate , meerly , of Design to wheedle him into a deep security , that they might the more expeditely and effectually supplant and ruine him , was such ane instance of iniquity , of Antichristian craft , of rank and vile cheatry , as can scarcely be parallell'd in History . And so I leave it . Thus I have given half a dozen of instances , which might be sufficient , in all reason for exposing our Authors goodly Impudence : And yet they may be reckoned amongst the most innocent of many scores that might be collected in his writings . But 't is not my present purpose to pursue him in all his wild careers : I shall therefore , insist only on three or four things more , which , as I take it , may be sufficient to give the world a surfeit of him . The things I am to to take notice of , are some Impudent shifts he has betaken himself to , for extricating himself , when , at any time , he or his Cause was put to it , by any present difficulty . In such Cases , no Rule obliges him ; no Law binds him , no Equity bounds him , no Shame bridles him , no sense of Reputation over-aws him . Thus , e. g. 7. Before he shall be forced to yield in his Argument , or seem to be non-plus't he shall not fail to furbish his Talent , and make it keen enough for combating the Common sense of the whole Nation : It were ane endless work to trace him thro' all instances he has of this Nature . What possessions have any ( of the Episcopal Clergy ) been deprived of , unless for Crimes against the State ? ( 2 Vind. p. 6. ) now , who knows not that more than 300 who were outed by the Rabble , were deprived of their Possessions , and that by ane Act of Parliament , without so much as being Charged with any Crime or tryed by any Court ? Again , The Author of the Second Letter had called it K. I.'s Retirement , when he left England , and went to France : So he Termeth ( says G. R. 2 Vind. p. 23 ) that which the Parliament called King James's abdicating the Government . Now his Author was a Scottish man , and writing upon Scottish Hypotheses , and about Scottish affairs , so that , if G. R. spake sense , he spake of the Scottish Parliament : But I am satisfied , that the world reckon me as Impudent as G. R. is really , if there is so much as one syllable , or any thing that looks like ane intimation of King I.'s either Abdicating or Deserting the Government , in any Scottish Declaration , or Law , or Claim of Right ; In any publick Deed done by the Nation . Again 2 Vind. p. 36. He says , That most of them who were thrust out by the Rabble , were put out by their own Consciences : But after this , what might he not have said ? To trace him thro' all such instances , I say , would be ane endless work : I shall therefore confine my self to two ; One a Matter of Fact : Another , a Matter of Right ; or rather a mixt matter , in which both Right and Fact are concerned . The Matter of Fact , shall be that story , he so frequently insists on , about my Lord Dundee's 2000 men , &c. in his Second Vindication . About the time the Convention of Estates was to sit down , a Design was discovered ( framed by the Viscount of Dundee and others ) to surprize and seize the Convention , and for this end had secretly got together of K. J. 's disbanded Souldiers and others about 2000 strangers in Edenburgh . ( p. 11 ) This Plot did our Author a great many services : It occasioned those of the West to gather as many into Edenburgh to oppose them and secure the Convention . ( ibid. ) Mark here , they were those of the West who Gathered the Rabble into Edenburgh , and this Gathering was only occasional , and of their own proper motion ; Mark these things , I say , and compare them with what follows . Again , That there was a Design to fall on the Ministers of Edenburgh , is affirmed on no ground , and without any Truth ; Or that the Colledge of Justice Arm'd in their Defence : It was rather on the same Design on which the Viscount of Dundee had gathered forces into the Town , and it was for opposing of them , and not for Assaulting the Ministers of Edenburgh . ( ibid. 39 ) And ( p. 40 ) The thanks the Rabble got was for their zeal in Defending the Convention from that opposite Rabble , viz. the 2000 men Dundee and others had gathered into Edenburgh , to have seized the Convention Again , ( p. 96 ) That the Western Rabble which came to Edenburgh in the time of the Convention were in Arms against Law , ( says he ) is false , for they were called by the Authority of the Estates as their Guard , when their Enemies had gathered a formidable party into Edenburgh . And tho' they were together before the Earl of Levin got the command , yet not before they were called together by the Estates . ( ibid. ) And ( p. 110 ) He ( Dundee ) had gathered a formidable party to destroy the Convention of Estates , and they gathered a force for their own security . Now , One who is a meer stranger to Scottish affairs , finding this Plot of Dundee's , so confidently asserted , so frequently insisted on , made use of to serve so many turns , would seem to have Reason to believe that there was really such a Plot , and that all this was uncontrovertible Matter of Fact. For how is it to be imagined that one who undertook to be the Vindicator of the Kingdom of Scotland , should talk so boldly of such a Recent Matter of Fact , if there was no such thing really ? And yet , The whole Nation knows , this whole Matter is as Notorious Figment , as Arrant Poesie , as is in all Homer or Ovid's Metamorphosis : For my part , I never so much as once heard of it , ( and I was at Edenburgh for the most part , the whole year 1689 ) till I found it asserted by G.R. in his Second Vindication , i. e. toward the end of the year 1691. And let the world judge of its Credibility . Poets themselves should be careful to feign things Plausibly : But it seems our Author has never Read so much as the first ten lines of Horace , De Arte Poeticâ . That Convocation of the Rabble from the West , which was at Edenburgh when the Convention of Estates met , would not have amounted to above 6 or 700 men . I saw them actually drawn up between the Tolbooth and the Weigh-house of Edenburgh , upon the 18 th day of March 1689. I am confident they were not 800 , yet , tho' they were but a Rabble , raw and untrain'd men , they chased Dundee out of Edenburgh , tho' he had 2000 Train'd and Disciplin'd men under his command ; and yet the same Dundee with scrace 2000 Vntrain●d , Vndisciplin'd Highlanders routed near to 4000 Train'd and Disciplin'd men at Gillichranky : But this is not all . You may observe , he says , it was not to Defend the Ministers of Edenburgh , that the Colledge of Iustice Arm'd , but in pursuance of that same Design with Dundee , viz. the surprizing and seizing of the Convention . Now , be it know to all men , that the Convocation of the Rabble which occasioned the Arming of the Colledge of Justice was quite different from that Convocation which was made when the Estates met . The Western Rabble met first at Edenburgh , with a Design to have insulted the Ministers of that City , about the 24 th of Ianuary , and their numbers were daily increasing . The Colledge of Justice Arm'd and kept Guard about the 25 or 26 th of that month . About the middle of February , there was a Proclamation over the Cross of Edenburgh , Commanding all in Arms except the Garrisons , &c. to Disband . Upon this , the Colledge of Justice Disarmed immediately . All this while , Dundee was so far from having got together 2000 to surprize the Convention , that neither was the Convention so much as indicted ( for the Letters by which it was indicted bear date no sooner than Feb. 5. at St. Iames's , and some six or eight or ten days , I think , were gone , before they were delivered to all persons concern'd in Scotland . ) Nor was Dundee as yet come from England to Scotland . Well● Was not the Western Rabble , which was in Edenburgh in the time of the Convention , called by the Meeting of Estates for Counterplotting Dundee's Plot ? Pure Poesie still ! For did not our Author himself say ( p. 11 ) That Dundee's having got together 2000 men , &c. occasioned those in the West to gather as many into Edenburgh to oppose him ? Now if they were only occasionally Gathered by those in the West , how could they be called by the Authority of the Estates ? Were those in the West , who Gathered them , the Estates ? Besides , I would only ask G. R. if he can as readily produce the Order of the Estates for leavying these men for Defending the Convention against Dundee , as I can produce their Act for returning thanks to them ? Let him search all the Records and try if he can find such ane Order . In short , Who knows not that that Rabble was in Edenburgh as early as the Estates themselves ? The Estates ( as all Britain knows ) met on the 14 th day of March : The Rabble threatned Dundee on the 15 th or 16 th : He represented it to the Estates on Moonday's morning , being the 18 th : He could find no security for his person : He departed therefore from Edenburgh with some 28 or 30 persons in his retinue , that same day , and never saw it again . All this was done before Levin got his Commission from the Estates to Command the Rabble , or form them into Regular Troops . Besides , Let the world consider if it required not even Poetick Expedition , to have got that Rabble leavied by Order of the Meeting of Estates . There could not be ane Order of the Estates for leavying them , before the Estates met , as I take it : The Estates met on Thursday 14 th afternoon : on Moonday the 18 th , These men were in Rank and File , on the street of Edenburgh : And many , most of them lived at 50 , 60 , 70 , miles distance from the City . This , one would think , was no ordinary Expedition . And now let any man judge if G. R. was not inspired with a goodly dose of Poetick ( Fire shall I call it ? Or ) Fury , when he laid this foundation of Dundee's Plot , and raised so many pretty structures upon it . And so much , of his modesty in narrating Matter of meer Fact. But is he as modest at mixt Matters where both Right and Fact are concerned ? Consider him but in one instance , for brevity . The Author of the Second Letter had given ane Account of Doctor Strachan's Defence , when he appeared before the Committee of Estates , and was Challenged for not praying for W. and M. as K. and Q. of Scotland , &c. This , for substance : That the Estates had found in their Claim of Right , that none could be K. and Q. of Scotland till they had sworn the Coronation Oath : For this Reason , they had Declared that James by Assuming the Regal Power , and Acting as King , without having taken the Oath required by Law — had forfeited the Right to the Crown : That all the Estates had yet done , was only the Nomination of W. and M. as the Persons to whom the Crown should be offered ; But they had not yet actually made the offer : Far less had W. and M. accepted of it : It was possible they might refuse it : But tho' they should not , yet , they could not be K. and Q. of Scotland till they had solemnly sworn the Oath . This was not yet done : And therefore he could not see how he could Pray for them as K. and Q. of Scotland , nor how the Estates , in Reason , or in Consequence to their own principles could require it of him . One would think there was some force in this Defence . Yet , Our Author had such a Force of Impudence as prompted him to offer at confuting it . But how ? It is known ( says he ) that the Exercise of the Government had been , long before , tendered to the Prince , and that his Highness had Accepted and Exercised it . True ; It was tendered to him on the tenth of Ianuary 168 8 , and he accepted of it upon the 14 th . But what was this to M. ? Was the Exercise of the Government Tendered to Her also ? Or did this Tender made to W. and his Accepting of it make him King ? Was he King ever after the 14 th of Ianuary ? Observe here , by the way , when our Author had the Rabble to Defend , and the Estates to justify for not restoring the Rabbled Ministers ( and the Nation knows , hundreds were Rabbled after that 14 th of Ianuary ) He could tell it twenty times over that that was ane Interregnum , a State of Anarchy , &c. So that , if I mistake not , it may try his Reconciling Skill to make what he says here , and what he said on these occasions , piece well together . Proceed we now to what he has said more about Strachan's Defence . The Nations Representative ( says he ) had then own'd him ( W. ) as their King ; and therefore it was a contempt of the Authority of the Nation for any man to refuse to own him , when called to do so . Now , what could move our Author to such a stretch of his main Talent , as thus to say that the Representative of the Nation had owned him as their King ? I confess I am not able to fathom . For , how could they own him as King so long as he had not taken the Oath , nor Agreed to the Claim of Right ? If they own'd him as King before that , was he not King before that ? But if he was King before that , where is the use of the Oath , or the Claim of Right ? The Estates , indeed , upon the 11 th of April Declared W. and M. to be the Persons to whom they had resolved to Offer the Crown , upon such and such Conditions , as is evident from that day's Proclamation : But the ●etter of the Estates by which they actually made the Offer of the Crown , on these Conditions , was not written till April 24. and the return , bearing that They had Accepted of the Crown , on these Conditions , is dated May 17. And was not Doctor Strachan Deprived , even before the Letter of the Estates was sent to London ? Were not more than 24 Ministers Deprived before their Majesties return came to Edenburgh ? Besides , G. R.'s Impudence , as sturdy as it is , did not serve him , it seems , to give a faithful Account of D. Strachan's Defence , and grapple with all the force of it : For the Doctor ( if the Author of the Second Letter was right ) made the supposition , that W. and M. might refuse to take the Crown with such Conditions : This was so far from being ane Impossible , that it was truly a very Reasonable , a very Equitable , a very Dutiful supposition : Now , suppose they had done so , would they have been K. and Q. for all that , by vertue of the Declaration of the Estates of the 11 th of April ? If so , I ask again , what the Coronation Oath , or the Claim of Right signified ? Or were the Estates to make them K. and Q. whither they would or not ? If , upon that supposition , they had not been K. and Q. ( as , undoubtedly , they had not been ) then , what can be more evident than that the Proclamation of the 11 th of April , did no more than Nominate them to be K. and Q. upon their Agreeing to such Conditions ? So that G. R. was even himself , when he said that the Nations Representative had own'd them as K. and Q. before the 13 th of April . I add further , What tho' they had own'd them as K. and Q. by their Proclamation of the 11 th of April ? Did not the whole Drift , the whole Design , the whole Train , the whole Tendency , the whole Aspect , and the whole Circumstances of the Deliberations , Resolutions and Conclusions of the Estates evidently propose it to the dullest apprehension , that the Crown was not to be granted to them , but on such and such Conditions ? This Question I propose , for vindicating D. Strachan from the guilt of Contempt of the Authority of the Estates , with which G. R. charges him : For if the affirmative in the Question be true , ( and , I think , G. R. himself dares not to say , 't is false ) then , I ask how it could be called a Contempt of the Authority of the Nation to have refused , then , to own W. and M. as K. and Q. ? How can he be said to Contemn the Authority of the Nation , who Reasons upon the Nations Authority ? Who Reasons upon the Force of all the Deliberations , Resolutions and Conclusions of the Representative Body of the Nation ? If doing so , he doth yet Contemn the Authority of the Nation , I am apt to think , it cannot be his Fault : He doth but what a man must needs do , when the Nation makes Repugnant and Contradictory Determinations . But after all this , is it not pleasant that G. R. forsooth , should so zealously exaggerate the Crime of Contemning the Authority of the Nation ? Good Man ! He paid it a wonderful Dutifulness all his life : Far was it still from him to treat it with such Contempt as Dr. Strachan's amounted to . But he has not yet done . He Answers further , that it is a Material mistake of the words of the Claim of Right : ( that was alledged in Strachan's Defence ) which doth not say , none can be King or Queen , but that none can exercise the Regal Power till they have taken the Coronation Oath : It is certain that on the death of a King , his Rightful Successor is King ; and may be prayed for as such ; and such praying may be injoined even before taking of the Oath : The same may be said of one Chosen , and Proclaim'd by the Supreme Authority of the Nation , which is the Case now in hand . Here is a piece of as odd stuff as one would wish to see : For , if it was a Material mistake to say , none can be King or Queen , when it should have been said , none can exercise the Regal Power , it seems to me to have been a mistake made of very Mathematical Matter , not of the solid sensible Matter , which can be felt and handled : For my part I cannot forbear thinking it must be compounded of Negative Quantities , till I shall learn how one can be a King , ( i. e. a Person who has Right to Rule and Act as King ) who has , yet , no Right to exercise the Regal Power , or Act as King. I know , one may be Physically incapable of exercising the Regal Power , and Acting as King , by himself , in several Cases , such as that of Infancy , &c. yet even then , he has Right which is not a Physical but a Moral Quality . Now , I say , I would fain understand how one can be a King , without this Moral Quality ; or how he can have this Moral Quality , called Right , and yet be Morally incapable of exercising it . I shall own G. R. is good at Metaphysicks , if he can give ane Intelligible Account of these things . Well! But it is certain , that on the death of a King , his Rightful Successor is King , and may be Prayed for , as such , and such Praying may be injoyned even before taking of the Oath : All this is true ; But then I affirm it is as true that that Rightful Successor who is King , may and can exercise the Regal Power and Act as King , before he takes the Oath . So , I am sure , our Scottish Monarchs have done : So the Law allows them to do , so , of necessity they must do . For instance , they are not bound , by Law to take the Oath but at their Coronation : And ( not to speak of other things ) I think it is truly ane exercising of their Regal Power , and Acting as Kings to appoint the preparations for , the day , the place , the solemnities , &c. of their own Coronations : For , I think , none other can do it but the King , and , if so , he must do it as King , otherwise , another might do it . But then , Tho' I have granted our Author this much , that the Rightful Successor is King before he takes the Oath , I think no Reason can oblige me to grant what followeth , viz. That the same may be said of ONE CHOSEN , and Proclaimed by the Supreme Authority of the Nation , which is the CASE NOW IN HAND . For , ( not to insist on the Liberty our Author hath taken here , to call their Majesties Elective Soveraigns , in opposition to such as are Hereditary , tho' , I think , it was pretty bold in him to talk so ) I think this is one of the most notable differences , between ane Hereditary and ane Elective Monarchy , that in the Hereditary , the King never dies , i. e. In that same instant that the Regnant Kings breath goeth out , the Rightful Successor is King : Whereas in the Elective Monarchy the King dies with the Man , and there is no King till there is a New Creation . This , I think , makes the Cases pretty wide : And , I think , they are wider , yet when he that is to be the Elected King , is not to be King at all , till he Agrees to such and such Conditions : Who sees not a vast difference between the Hereditary and the Elective King in this Case ? But not to press our Author farther , and once for all to end this Controversie about Strachan's Defence , take what follows for undoubted Truth . Upon that same very eleventh of April 1689 , on which the Estates gave out their Proclamation , importing that they had Resolved that W. and M. should be K. and Q. of Scotland , they enacted their Declaration containing the Claim of Right , and their Resolution to Offer the Crown only on the Terms of that Claim ; and not only so , but they made this following Act , word for word . Forasmuch as the Estates of this Kingdom , by their former Acts Declared that they would continue undissolved until the Government , Laws and Liberties of the Kingdom should be settled and secured ; and they having now proceeded to Resolve that W. and M. K. and Q. of England , be , and be Declared K. and Q. of Scotland : And considering that the Nation cannot be without Government until the said K. and Q. of England accept the Offer of the Crown , according to the Instrument of Government , and take the Oath required before they enter to the Exercise of the Regal Power ; Therefore the said Estates do hereby Declare and Enact , that they will continue in the Government , as formerly ; until their Majesties acceptance of the Crown , and their taking of the said Oath be made known to them . If this Act doth not make it evident that there was no Material Mistake of the words of the Claim of Right , in Dr. Strachan's Defence ; But that the Doctor pleaded and Reason'd upon the Manifest Principles of the Meeting of Estates : If it doth not Demonstrate that the Doctors Plea was Solid and Irrefragable ; and if it follows not by necessary consequence , that it was ane unaccoutable proceeding of the Committee of Estates to deprive the Doctor , and near to thirty more , for not praying for W. and M. as K. and Q. of Scotland , before they were , or could be K and Q. of Scotland , let the intelligent Reader judge . But if these inferences are notoriously just , then let him judge again , if G. R. by offering to invalidate the Dr. 's Defence , was not guilty of a palpable indiscretion , in refreshing the memory of such an unaccountable proceeding of the Meeting of the Committee of Estates , which had been far better buried in perpetual oblivion , and lastly let him judge , if it argued not more than ane ordinary Impudence in G. R. to have attempted the Defence of that Procedure ; And if such ane attempt was not , with a Fetch of his Talent , peculiar to himself , to offer violence to Reason and Law , to Iustice and Equity , to the Light of Nature , and the Common sense of Mankind . One would think , 't was Impudence enough in all Conscience , to have made so bold with common Humanity , and particularly , with the Universal Convictions of ones Native Country , as to a plain Matter of Fact : But such is our Authors share of that Daring Talent , that assisted by it , he could even flee in the face of his Dearer Relations , and leave them in the Lurch , rather than appear to have been worsted in his Argument : Thus , e. g. 8. When he was put to it , and could not , otherwise , make his escape , he never made scruple to flee in the face of the present Civil Government . He tells you , indeed , in his Preface to 2 Vind. § . 6. That one of his Designs in writing his Book was to Vindicate and Justify the Actings of the Civil Government . Believe him , on many occasions , and he is a most dutiful Subject ; there cannot be a greater Reverencer of Authority ; He tells you , 'T is a sawcy boldness for private persons to meddle with the Designs of Legislators . ( 2 Vind. p. 112 ) And God knows how frequently he exposes his Adversaries to the Resentments of the Civil Government : How zealous is he for stretching necks , & c. ? And yet , for all this , as much as he is obliged to it , as great a veneration as he pretends for it , it must not only shift for it self , but he must run through its sides , if he has not another hole to escape by . I shall only take notice of two instances of his behaviour this way . The first is in his 2 Vind. ( p. 22 ) His Adversary had laught at the Presbyterian Address , and their protestation of Loyalty to K J. But I would fain know ( says G. R. ) by what Topick either of these can be Condemned . I think , I have hinted , at least , at Topick enough about that : Go we on , now , with our Author : They gave thanks for restoring them to their just Right : Neither is this the Matter : They Professed and practised Loyalty towards their LAWFUL Soveraign , tho' of a different Religion from them . Here it is . For don't you hear him plainly affirming , that K. I. was a LAWFUL SOVERAIGN ? Now what was this less than striking at the very root of the present Establishment ? Is it not a direct Contradicting of the Claim of Right , which Declares that K. J. had forfeited the Right to the Crown by assuming the Regal Power , and Acting as King , without ever taking the Oath required by Law ? i. e. Manifestly , for not being a LAWFUL SOVERAIGN . If thus to Contradict its very foundation , strikes not at the root of the present Constitution , let the world judge . But so it was , that our Author could not otherwise justify the Presbyterian Address , &c. Again , One of his Adversaries had Argued , that Episcopacy was abolished by the Parliament as being contrary to the Inclinations of the People , and therefore , if the People should alter their Inclinations , it might be restored by another Parliament . One would think there was Reason here ; and it seems G. R. was sensible of it : And therefore finding no other way to avoid its Dint , he straight impugns the Power of King and Parliament . Take his own words ( 2 Vind p. 90 ) But he should have considered ( says he ) that whatever Motive the Estates went upon , it is Declared against in the Claim of Right as a Grievance , and therefore , cannot be restored without overturning the Foundation of our present Civil settlement . He is at this , again , in other places , upon the like occasions , particularly p. 152. Now , Not to insist on the Irreligion and Godlessness of that wild fetch , viz. That whatsoever the Motives were which induced men to Establish any thing , yet being once Establish't it cannot be altered ; Not to insist on the notorious unreasonableness of separating the Conclusion of the Estates from their Premisses , and saying the Conclusion must stand tho' the Premisses be rejected , tho' they Established the Conclusion on the strength they apprehended was in the Premisses . Not to insist on the the Ridiculousness of saying , that Episcopacy cannot be restored without overturning the Foundation of the present civil Settlement : Tho nothing can be more Ridiculous than to say that the foundations of the present civil Settlement are Subverted , if all Ecclesiastical Grievances are not Redressed . Not to insist that our Author spake very much at Random when he called the Abolition of Episcopacy , one of the Fundamentals of the present Civil Settlement , considering that the present Civil Settlement was not only Founded , but Finished , a good time before the Abolition of Episcopacy : Not to insist on these things , I say , However Momentous . Consider , only , how directly and plainly he Impugns the power of King and Parliament , by saying , They cannot Restore Episcopacy without Subverting the Foundations of the present civil Settlement . What is this less than that , if King and Parliament should Restore Episcopacy , they should break their Original contracts ? Than that both should forfeit their Titles ? Than that the King should be no more King , and the Parliament should be no more Parliament ? Is it not clear that , with our Author , the Articles of our present Claim of Right are unalterable ? Unchangeable Rules both to King and Parliament ? Now if this is not to impugn their power , I know not what can be . In effect it is to Evacuate the usefulness of all Soveraign power : For where lyeth its usefulness , if it is not able to rectify what is amiss , even in the Constitution ? But how can it rectify what is amiss , in the Constitution , if the Constitution , Right or Wrong , is unalterable . For my part , I cannot see but there is still that Supreme power in the Nation , which was , when the present civil Settlement was made : And as it might , while it was a making Settlements , have made either another , or the same , with twenty little varieties , so , it may still alter that which is made . I cannot think that it either Disabled or Exhausted it self , so , as to be no more capable of providing farther , or otherwise , for the Good of the Nation , when it shall find it necessary . In short , Is not that same power still in the Nation which established the Claim of Right ? if it is not , what is become of it ? How can the Nation subsist without a Supra-Legal , Supra-Original-Contract , Supra-claim of Right Power ? It had it once , otherwise how could it ever have had Laws , or Claims of Right , or Original Contracts ? And must it not have it still ? Has it lost it ? Or thrown it away ? Or has any body taken it from it ? But if it is still to the fore ; If the Nation is still possessed of it ; where is it ●odged , if it is not Lodged in King and Parliament ? Was there more power in the meeting of Estates than there is , now , in King and Parliament ? How came the meeting of Estates by it , then ? Or whether is it vanished now ? What is become of it ? Especially , I think , 'T was pretty bold to say that the same power is not in the present King and the present Parliament ; Considering that the present Parliament is that same very individual thing with the meeting of Estates by which the claim of Right was Created . Cannot the same , the very same Creators pretend to a power of Altering their own ill-made Creature , and make it Better ? Had they more power under One name than under Another ? Or have they weakened or lost their power by communicating it to their King , so that there is not so much power , Now , in him , and them both together , as there was once in them Singly ? And now let the Reader Judge if G. R. for avoiding a difficulty , has not impudently run himself into the Guilt of the most Atrocious , the most Criminal , the most Treasonable Treason ; The Treason of impugning the power of King and Parliament . This was odd enough , for one in his circumstances : But yet the next step seems to me a little more Surprizing : For. 9 On several occasions , he has not stood on disgracing his own dear party , the Presbyterians themselves , and most undutifully , as well as impudently , discovering their Nakedness . I shall not insist on all instances that might be adduced to this purpose , particularly his Loading the Cameronians with so much Guilt and so many hard Names , upon every turn : The Cameronians , I say , these Men of plain principles , these a vowed Covenanters , these most Orthodox and Honest Presbyterians in the Nation ; even them tho they are the true Champions of the Cause , and were the principal promoters of the Presbyterian interest in the beginning of the late Revolution , he has Lasht to purpose , when his Argument requir'd it ; as may be seen in every page almost of his Second vindication . But this I shall not insist on , I say , leaving him and them to reckon for it , if they shall think it fit . I shall take notice only of one very tender Secret of his own Anomalous Species of pretended Presbyterians which he has even needlessly , and by consequence , very foolishly and undutifully exposed . He has , in his Books , made many more inexcusable off●cious Lies , than if he had made One for covering such a Mighty Shame of theirs : But 't is hard for one of his prudence to avoid such escapes , when pressed with a pungent Argument . The matter is this . The Author of the Case of the afflicted Clergy had said , that the Presbyterian Ministers , never preached against the disorders of the Rabble : Now hear G. R. ( 2 vind . p. 97. ) This is False , tho we thought not sit to make that our constant Theme . Now , that Rabbling work was such a Barbarous and Vnchristian work , that one would think , it had not misbecome the Presbyterian Ministers themselves to have made it , at least , very much their Theme on that occasion . But the Secret is not here . He adds , And if but few did it ; It was because they , who were the Actors in that Scene , little Regarded the preaching of the Sober Presbyterians : A great many things may be observed here : For besides that he owns they were but few who prea●hed against the Rabbling , It might be of use to enquire at our Author , what kind of Scene he took it to be ? Whither was it Tragical or Comical ? or Both ? Tragical to the Prelatists , and Comical to the Presbyterians ? It were worth enquiring likewise , whom he meant , by Sober Presbyterian Preachers ? If there are any such in the Nation ? How many ? Where do they preach , &c. But I insist not on these things , because the Secret is not amongst them . Yet The next thing he produces is worth the Noticing . And they ( The Sober Presbyterian Preachers , if they had preached against Rabbling the Clergy ) Should have lost their SWEET WORDS . Now , here is subject afforded for several weighty Controversies : For it may be made a Question , Whither it be the duty of Sober Presbyterian Preachers to preach Righteousness to a Rebellious people , whither they will Hear , or whither they will Forbear ? It may be made another , Whither our Author , here , gave up all the Rabblers to a reprobate Sense ? 'T is possible he meant so . For the Sweetest words , the Soberest Presbyterians can utter in their preachings are not too precious to be spent on such as are in a state of Reclaimableness . But that which I take to be the most proper Question , the Question that ariseth most naturally from the Text , is , Whither Presbyterian Words are not Sweeteer than that they should be Spent on such needless purposes , as the Recommendation and Assertion of Righteousness , and the Condemnation of Iniquity ? Whither it had not been ane unaccountable prodigality in them to have lost their Sweet words , about such Trif●ing concerns as these ? But neither is the Secret here : But it follows now . These practices of the Rabble were publickly spoken against by Ministers , both before they were Acted , for preventing them , and after , for Reproving them , and preventing the like . Here it is , I say : Has he not , here , discovered ane important Secret of his party ? Has he not discovered that the Rabbling of the Clergy was not the product of Chance or Accident , but a Deliberated , a Consulted , ane Advised politick ? Has he not discovered that even the sober Presbyterian Ministers were privy to the plot of it ? Has he not told , that they spake against it , before it was Acted , for preventing it ? And doth it not follow clearly that they knew of it before it was Acted : for if they had known nothing of it , how could they have spoken against it for preventing it ? But tho they knew of it , that it was to be done , yet , it seems , They Consented not that it should be Done ; For they spake against it for preventing of it . But I am afraid our Author , here , turn'd weary of his Sincerity : For who spake publickly against these practices of the Rabble ? Or where , or when were they spoken against , before they were acted ? I dare challenge him to name one of his most sober Presbyterian Ministers who preached publickly against them for preventing of them . When I am put to it I can name more than One or Two , who pretend to be of the First Rank of the Sober Presbyterian Ministers , who knew of them indeed , and Consulted privately about them ; and said , It was the surest way , to have the Curates once dispossessed : Because , Once dispossessed , they might find difficulties in being Repossessed : But I never heard of so much as One who preached against them before they were Done. I am very confident G. R. cannot name One. Indeed , Seeing , as our Author Grants , they knew of the Rabbling before it was Acted ; If they had been so serious against it , as they should have been , and as our Author would have us believe they were ; how natural and easy , as well as Christian and Dutiful had it been , to have given Advertisements to the poor men who were to suffer it , about it ? Was ever any such thing done ? But it seems Presbyterian words were Sweeter to Presbyterian palates than Common humanity or Christian Charity : They were too Sweet to be Lost in such Advertisements . By this time , the Reader , I think , has got a proof of G. R.'s tenderness , even , to his own Herd , when the Argument of ane Adversary pinched him . But this is not the Highest stept . For 10. If ane Argument straitens him , He never stands to baffle , and expose , and contradict and make a Lier of his own Learned , Sensible , Civil Modest Self . And , here , again , One might write a large volume , but I shall confine my self to a Competent number of instances . First , then , you never saw a Prelatist and a Presbyterian Contradicting one Another , in more plain , opposite and peremptory Terms , than he has done himself on several occasions . Take this Taste In his Answer to D. Stillingfleet's Irenicum ( p. 64 ) He is at great pains to prove that where Episcopacy is , Presbyters have no power : Particularly , he has these two profound Arguments for it . 1. If Bishops be set over Presbyter , they must either be only Praesides , which is not contrary to Parity ; or they must have Authority above , and over their Brethren : And if so , They may rule without their Brethren ; Seeing they may command them , &c. 2. If Presbyters under a Bishop have ruling power , either they may Determine without , or against his consent , or not : if so , The Bishop is but a President : If not , The Presbyters are but Cyphers . Now who would think that one of G. R.'s Courage would ever have parted with such ane important proposition , especially , having such impregnable Arguments for it ? Yet . Consider if he has not done it , most notoriously in his Answer to the Doctors Vnreasonableness of the separation , &c. pag. 182. where he has these express words . He ( The Doctor ) Vndertaketh to prove that the English Episcopacy doth not take away the whole power of Presbyters — we do not alledge that it taketh away the whole power of Presbyters , for that were to reduce them into the same order with the rest of the people ; but wee say it usurpeth ane undue power over them , &c. Again , In his First Vind. of his Church of Scotland , His cause led him , in Answ. to Quest. 10. to say That K. Is. Tolleration was against Law : He was pressed with this Argument about the Inclinations of the people , That not fifty Gentlemen , in all Scotland ( out of the West did , upon the Indulgence , forsake the Churches to frequent Meeting houses : And his Answer was . They clave to the former way ( i. e. Continued in the Episcopal Communion ) Because the Law stood for it . Is it not plain , here , that the Meeting houses were contrary to Law ? Hear him , now , in his 2 vind . ( p. 43 , 44. passim ) when he was prest with the Scandal of his party 's Complying with the dispensing power , and erecting Meeting houses contrary to Law. He affirmed boldly , that the Dispensing power was according to Law , And K. I. was enabled by Law , to Grant his Toleration . Again , In his 2. vind . in Answ. to Letter 1. § 9. p. 12. when he had the Meeting of Estates to Apologize for , for suffering and allowing persons to sit as Members , who were not Qualified according to Law. He Granted some such Members sate there , but they had been most unjustly Forfeited in the Late Reign . Even Parliamentary Forfeitures , you see were most Vnjust Forfeitures , and there was no Reason that they should exclude these Gentlemen from their Iust and Antient Rights and Priviledges . But when he was pressed by the Author of the Case of the Afflicted Clergy , &c. with this That many Ministers Benefices were unjustly and illegally kept from them ; he got his Cloak on the other Shoulder , as we say , if the Authority of the Nation in the convention or Parliament have Determined otherwise , I know not where their Legal Right can be founded . ( p. 96. § 6. ) It was not so much as Knowable , to our Author , in that Case , that there might be most Vnjust Parliamentary Determinations . It were ane endless work to adduce all such little Squabbles as these , between himself and himself : I shall Insist , therefore , only on two more , which are a little more Considerable . And First , Our Author was not at more pains about any one thing in his Answ. to D. Still.'s Irenicum , than the Inseparableness that is between the Teaching and Ruling power of Presbyters : He spent no less than 8 or 9 pages about it , Stretching his Invention to find Arguments for it : Whoso pleases to turn to page 79 may see the whole Deduction He is as earnest about it in his True Representation , &c. These are his words ( prop. 13 ) There being no Disparity of power amongst Ministers by Christs Grant of power to them ; No man can make this Disparity by setting one over the rest : Neither can they Devolve their power on one of themselves : For Christ hath given no such warrant to men to dispose of his Ordinances , as they see fit : And power being Delegated to them by him , They cannot so commit it to Another to Exercise it for them , as to deprive themselves of it . Also , it being not a Licence only , But a Trust , of which they must give ane account , They must perform the work by themselves as they will be Answerable . Now , it is not possible for one to contradict himself more than he hath done both Indirectly and Directly in this matter . He hath Contradicted himself Indirectly , and by unavoidable Consequence , in so far as he hath owned , or owns himself a Presbyterian , and for the Lawfulness ( not to say the Necessity ) of Scottish Presbyterian General Assemblies of the present Constitution . For , are all the Ruling Officers of Christs appointment , Both Preaching and Governing Elders allowed to be Members of General Assemblies ? Do they all discharge their Trust , and perform their work by themselves , there , as they will be Answerable to him , from whom they got their Trust ? Doth not every Presbytery ( consisting of 12 , 16 , or 20 preaching , and as many Ruling Elders ) Send only some Three or Four Preaching Elders , and only One Ruling Elder to the General Assembly ? Do they not Delegate these , and Devolve their power upon them , and Constitute them their Representatives for the Assembly ? Let their Commissions be Inspected , and let it be Tryed , if it is not so : Now , How is such a Delegation Consistent with our Authors position about the Indevolvibility or Indelegability of such a power ? It were easy to pursue this farther in its Consequents . Now what an ill thing is it , for a man , thus , to sap and subvert all his own Foundations ? To Contradict the fundamental Maximes of his own Scheme by such unadvised propositions ? But this is not the worst of it . He hath contradicted himself most directly in that same Individual True Representation , &c. in Answ. to the 10th Objection ; and in his 2 Vind. p. 154 , 155. For in both places he endeavors to justify the Taking of all Ruling power out of the hands of the Episcopal Ministers , and the putting it , only , in the hands of the Known sound Presbyterians ; Reserving to the Episcopal Ministers , their Teaching power , only . 'T is true , 'T is evident that he found himself sadly puzled in the Matter , and was forced to bring in his Good Friend Necessity , and the Old Covenant-Distinction of Status Ecclesiae turbatus and paratus , to Lend him a Lift. I have considered his Friend Necessity , sufficiently in my Book , and thither I refer the Reader for satisfaction about it . But what to do with his Praesens Ecclesiae Status , I do not so well know : Only this I dare say , granting it to be so nimble as to break Scot-free through Divine Institutions , Yet it can , neither by itself , nor with Necessity to help it , reconcile notorious Contradictions . The other Instance I shall adduce is in a very important matter ; no less than the Presbyterian Separation from the Episcopal Church of Scotland . He was put to it , to defend it in both his Vindications of his Church of Scotland . First Vind. in Answ. to Quest. 4. 2 Vind. in Answer to Letter 2. § 3. All the Reasons he has for that Separation may be reduced to these Three , 1. Episcopacy . 2. The Episcopal Ministers were Vsurpers or Intruders : For 3. They had not the Call of the People ; and so the People were not bound to own them as their Ministers . These are his Grounds , I say , on which he justifies their Separation from us . Now , hear him in his Rational Defence , &c. published , as I have told , since the beginning of the Late Revolution , by Consequence , after the Scottish Schism was in its full Maturity : Hear him there , I say , and you never heard Man reject any thing , more fairly , more fully , or more directly , than he hath done these his own Grounds . Let us try them one by one . 1. For Episcopacy , turn first to pag. 95. And you shall find these very words , Whatever fault we find with the Ministers of the Church and the Hierarchy , we do not separate because of these ; we would joyn with you ( the English Church ) for all these Grievances , if you would but suffer us to do it , without sinning against God in that which is our personal Action . Turn next to pag. 150. There he offers at enumerating the Causes that cannot justify a Separation , and he talks particularly about Episcopacy , thus ; We are grieved with Prelatical Government , and taking away that Parity of Power that Christ hath given to the Ordinary Ministers of his Church . This we cannot approve , and therefore Ministers ought rather to suffer Deprivation of the publick Exercise of their Ministry than own it . And People also ought not to own that , their Lordly Authority that they Exercise ; Yet , because this is not Required to be acknowledged as a Lawful Power in the Church , by the People , I see not that we should withdraw from the Publick Assemblies , meerly because there are Diocesan Bishops set over the Church ; Except our owning them by submitting to their Iurisdiction is Required as one of the Terms of Communion with the Church . Who so pleases may find more to the same purpose , pag. 157 , 275 , &c. Nay , So condescending is he in that Book ( p. 159. ) that he can allow Bishops their Temporal Honours and Dignities . We meddle not with their Titles and Revenues ( says he ) These are the Magistrates Gifts , and do not cross Christ's institution , whatever inconvenience may be in them . 2. As to the Plea of the Vsurpation or Intrusion of the Prelatists , D. Still . had alledged that the Dissenters pleaded , That most of the present Ministers of the Church of England were Vsurpers , and that from such the People might lawfully separate . We deny both parts of the Assertion , ( says G. R. p. 115 , 116. ) Whatever Usurpation some of them may be guilty of , we know most of them have the ( Tacite , at least ) consent of the People , a post facto ; and therefore however they may be guilty of Intrusion in their Entry , in their continuing in their places they are no Usurpers : Neither do we own it to be lawful to separate from Every Minister that is ane Usurper , Meerly on the Account of his Vsurpation . And he discourses the point copiously ; as the curious Reader may find , ibid. Neither is he less positive about the 3. Thing , which , in his Scottish Management of the Plea , he insists on as the Great Reason of the former , viz. The Popular Call. For D Still . had adduced D. Owen as asserting , that the depriving of the People of the Right to choose their own Pastors was a just Ground of Separation . And G. R. answers , If Doctor Owen hath done so , Let it pass for a part of the Independent Iudgment which was a mistake of that Eminent Servant of God ; Others are not of that Mind . And a little after : The People by the Laws of the Gospel have the Right of Election of their own Pastors ; But it doth not follow that they ought not to bear with being hindered the Exercise of this Right for the sake of Peace and Vnity . And p. 151. Depriving the People of their Right of chusing their own Church Officers , is also Matter of Complaint , but we must bear it rather than separate for that , from a Church . And pag. 197. when he came to assert that Right of the People , He told he did Not make the Depriving of the People of that Power , a Cause of Separation . Nay , Not once , but very frequently , he lays the whole stress of the English Separation , Upon the sinful terms of Communion ( as he calls them ) imposed by the Church of England . Let the Church purge her Offices of humane Inventions , Let her lay aside the the Liturgy , the Cross in Baptism , Kneeling at the Receiving of the Eucharist , and Holy-days , &c. and he , and all his Party shall joyn with her chearfully , Vide p. 24 , 81 , 106 , 107 , 109 , 120 , 133 , 144 , 151 , &c. Now Let any Man , even of his own Sect , reconcile these things : Let him shew why Episcopacy , Vsurpation , and Depriving the People of their Right to choose their own Pastors , should be so every way sufficient Grounds for Separating from the Church of Scotland , and so no ways sufficient grounds for separating from the Church of England . What could move the Man to venture upon such lumpish , bulkish Contradictions ? For my part , I cannot guess at another Motive than that which I have frequently mentioned , viz. The present Argument . In England he had some other things to bear the Burden , but no other thing in Scotland ; and it was necessary for his Vindicatorship to justify the Separation : And therefore what could not do it in England , behoved to do it in Scotland . But perhaps he may endeavour to extricate himself by running for shelter to the Old Scottish Plea of the Covenant . For , Is not Prelacy abjur'd in Scotland ? Is not the Oath of God upon Presbyterians , nay on all the Nation , not to own Prelacy ? Are not all the Prelatists perjur'd , & c. ? And now may not the Presbyterians separate lawfully ? He seems indeed to betake himself to this Plea , in his Answer to the Historical Relation of the General Assembly , § 20. p. 189. The setting up of Episcopacy ( says he ) was more sinful in this Nation ( Scotland ) than it could be elsewhere , because of the Oath of God that the Nation is under , against it ; Not in latter times only , but in the times of King James the Sixth , who caused the whole Nation swear the Shorter Confession of Faith , called the National Covenant , where it is abjured . Now Not to insist on shewing that , upon the supposition , all this were true , it militates only against Episcopacy ; It could conclude it only , but neither the Vsurpation , nor the Depriving the People of their Right , &c. to be a sufficient Ground for the Separation . Nor yet to insist on the notorious falshood of the supposition , viz. That Episcopacy was abjured in King Iames the Sixths time . Not to insist on these things , I say , If he himself is strong enough for himself ▪ himself will not suffer himself to make the Abjuration of Episcopacy in Scotland , a sufficient Ground for separating from the Episcopal Church of Scotland . For in the 40th page of his Rational Defence , &c. Attempting to shew a Difference between complying with the Church of England at the Reformation , and complying with her Now , he opens thus : I might here alledge the Obligation of the National Covenant that we are under , as they were not to whom the Doctor would make our Case parallel ( i. e. those who lived at the Reformation ) Tho I never thought that that Bond made any Sins or Duties that were not such Antecedently . Now ( Not to insist on the Pleasantness of pretending that he might insist on a Topick , in which he instantly acknowledges there is no Force ; ) If Oaths and Covenants make no Duties nor Sins , which were not such Antecedently , I would fain understand , how the National Covenant , or whatever Covenant has been in Scotland , could make Episcopacy a sufficient Ground for Separating from the Church of Scotland ; if it was not a sufficient Ground for such Separation Antecedently to these Covenants ? Thus he himself hath cut off himself from all hopes of escaping by the Covenant . Indeed there is no possibility of Escape left him : It is not in the power of Nature to rescue one who is so plunged over Head and Ears in such a Sink of Contradictions . What hath been said might be sufficient , in all Conscience , for representing his own Vnnatural Unmercifulness towards himself : For what can be more Vnmercifully done to one , than to demonstrate him to all the world to be a Manifest Lier ? And who can be a more manifest Lier than he , who , upon every turn , vomits Contradictions ? Yet this is not all , perhaps it is not the worst . There is such an Intimate Relation between himself and his Books written by himself , That , I think , 't is reasonable to say , that whosoever treats his Books with any Degrees of Impudence , is every whit as Impudent towards himself . Now , it is not possible that Ranker , more Mercyless , or more Impudent injury can be done to any thing , than himself hath done to his Second Vindication of his Church of Scotland . At least , to near three parts of four of it : To it , so far as it Answers The Four Letters , The Case of the Afflicted Clergy , and the Late Letter . For he hath engraven on it such indelible Characters of Disingenuity , Partiality , Injustice , Unfair Dealing , Effrontery , Ridiculousness , &c. as perhaps never Book was injur'd or bespattered with , since writing of Books was in fashion . The Reader may think this is a very strange Charge : But I can make it good , to a Demonstration , by a very plain and obvious Deduction . Thus , Some of the Episcopal Clergy , thought themselves obliged for their own Vindication , to give some short Representations of their Circumstances , and the Unkindly Treatment they had met with from the Presbyterian Party , An. 1688 , 1689 , &c. The whole Nation knows , they were so far from feigning instances , or aggravating the circumstances of their Sufferings , that they told not the twentieth part of what they suffered ; nor represented what they told in all its proper Blacknesses : However , so much was told , as was enough to represent the Presbyterian Temper in no very Lovely Colours . The Party were sensible of this ; And therefore , it was necessary to try if there was a possibiltty of Collecting and Connecting some Rags to cover their Shame and Nakedness . The Expedient they agreed to was , that the Accounts given by the Episcopal Clergy should be Answered and Refuted : But then the Difficulty was to find ane Author , who had Talents proper for such a Task . It was committed , first to Mr. Alexander Pitcairn : But after he had thought some time about it , it seems , It stood with his Stomach : He had not so far abandoned all Principles of Truth , and Honesty , and Ingenuity , as was necessary for such ane Undertaking ; he resign'd the imployment , therefore into the hands of another General Meeting of the Party , and told them , He would have nothing to do with it . This , no doubt , was a Discouragement to all others of any Wit or Probity , to undertake it : For if it was to be done , to any good purpose at all , Pitcairn was as fit for doing of it as any of the Sect : And if he gave it over , after so much Deliberation about it , it was to be presumed , there was Frost in it ; it was not safe to meddle with it . Thus it fell to the share of G. R. as he tells himself both in his Preface , and in the Beginning of his Book . Such ane Odd Undertaking did , indeed , require a suitable Undertaker ; and now it had one as oddly qualified for it as the world has heard of . For if we may believe himself in his Preface to his Anim. on D. Stillingfleet's Irenicum ( for who but himself would have been at pains to write Prefaces to his Books ? ) He died a worthy and much lamented Author , Anno 1662. And , so far as I can learn , he continued thus in the state of the dead , till towards the end of the year 1688. i. e. about 26 years . Then , indeed he return'd to Life . Now , it is not to be imagin'd , his Soul , all this while , was either in the Regions of Eternal Rewards , or Eternal Punishments ; for , then , how should it have returned ? Doubtless , therefore , it was in some Purgatory : But what Purgatory , is not easy to determine . I am confident , it was not the Ordinary Purgatory , in which People are purg'd from the Dregs of Corruption they carry out of this world with them ; for he came alive again more corrupted and vicious than ever . Possibly , he has been in some New Purgatory , which the Pope built lately for keeping a Seminary of such as he lets out upon Occasion , for Plagues to the Protestant Churches . Whatever Purgatory it was , Our Author came out of it , purged pretty clean of all principles of Sense , or Shame , or Honesty . And now , who fitter than he to be the Vindicator of the Kirk of Scotland ? Before his Death he wrote only such Books as were little in their own Eyes ( Pref. to Anim. on Irenicum ) but he ventured on writing such Books as his Second Vindication , after his Resurrection . I have given this Account of our Author , and the Occasion of his writing the Book , for fixing the Readers attention , that he may consider it with the greater Application . Now , in this Book , ( His Second Vindication , I mean ) he rejected , by the Bulk , all the Matters of Fact , which were contain'd in the Four Letters , because they were not Attested ; as if , forsooth , the Writers of the Letters had had opportunity to have had all the particular Cases , Tried in formal Courts , before Indifferent Judges , and with all the Usual Solemnities of Process : As if it had been their Intention , by their Letters , to have made formal Pursuits for the Injuries had been done the Clergy . As if the World could not have easily Discerned , That all their purpose in writing these Letters , was not to sue Legally for Redress , but to represent to their Friends , Matter of Fact , in the common way of History . Well! To mend this , however , The Case of the afflicted Clergy gave him Attestations , enough , in all Conscience : But did that satisfy him ? No more than if he had got none at all , for they were not worth a Button , they were not probative , they were but partial ; he had reason to reject every one of them . Thus , When the Author of the Case , &c. cited D. Burnet , G. R. reply'd in these words ; He farther proveth our Persecution by citing some passages out of Doctor Burnet , whom , being a party , we are not to admit as a Witness against us . ( 85 ) What ? No not D. Burnet ? No not the Son of such a Mother ? No not the Nephew of such ane Vncle ? No not the Brother of such a Brother ? No not the Cousin German of such a Cousin German ? No not the Man who has all alongst advised the Scottish Prelatists ( particularly Mr. Malcome , one of the Ministers of Edenburgh ) to return to their Native Country , and submit to the Ecclesiastical Government Now Established ; Do you reject even him as a party ? But to proceed . If the person who was barbarously used by the Rabble , gave an Account of his own Usage , ( and who could do it better ? ) and subscribed his name to it ; This was such ane Attestation , as G. R. thought fit to reject with a Fie upon it . It was Teste Meipso , ( p. 88. ) and so , not worth ane half-penny : As if it had been possible for a Minister , when the Rabble surprized him , and came upon him unawares , still to have had witnesses at hand for Attesting all their Rudenesses ; as if it had not been enough for all the design of such Accounts , that a Man of known Probity and Reputation , subscribed his own Narration of a Matter of Fact which so nearly concerned himself , and thereby declared his Readiness to make the Matter appear , as far as he was capable . If the Rabbled Minister adduced Witnesses ( as was done in the Case , &c. in several Instances ) And they subscribed the Account , was he then satisfied ? Never ane Ace more than before . All of his Witnesses are the sworn Enemies of Presbyterians , and in a Combination to defame them , ( p. 88. ) And again ( p. 100. ) His first Collection is of Accounts that he hath had from his Complices , a company of Men avowed and malicious Enemies of all Presbyterians — and all this attested by themselves . Nay , Tho they were not Episcopal Ministers , but Laicks who attested , if it was done in favour of Episcopal Ministers , that was enough to prove them Friends to Episcopacy , and so they were no more Boni & Legales Homines , as he calls his Vnexceptionable Witnesses , ( p. 111. ) Thus , The Account which was sent to London immediately after the Second Tumult at Glasgow , which happened on the 17th of Feb. Anno 1688 / ● was subscribed by Iames Gibson , then One of the Magistrates of the City ; Iohn Gillhagie , who had been a Magistrate the year before ; and Patrick Bell , Son to Sir Iohn Bell , a discreet young Gentleman , and Merchant in the City . These three subscribed it , that it might make Faith ; it was directed to Doctor Fall , Principal of the Colledge of Glasgow , that he might shew it to the then P. of O. and crave , that now , that he had taken upon him the Government of the Kingdom of Scotland , he would interpose his Authority for discharging such Tumults for the future , &c. Doctor Fall actually addressed to his Highness , and shewed the Account . All this was done before the Scottish Estates met in March. Now consider G. R.'s Discussion of this Account . ( p. 94. ) Iohn ( he should have called him Iames ) Gibson was a Party , and made a Bailie by the Archbishop , and all know the Prelates Inclinations towards the present Civil Government . Have ye not here a goodly Specimen of both our Authors Law and his Logick . Iohn Gillhagie is lookt on by all as a Foolish and Rash Man , who little considereth what he doth . Now what was his Testimony worth after our Author had given him such a Character ? Patrick Bell and his Brother were soon after seized for Treasonable Practices , were long in Prison , and are now under Bail. And is not G. R. now a potent Author ? How easily and readily he can reject Testimonies ! And these three once thus rejected , There was never such a thing as that Presbyterian Tumult at Glasgow : No not tho there are Hundreds in Glasgow who can attest , that every syllable of the Account was true . Again , Pag. 109. in Mr. Gellies Case , How easily could he reject all the Testimonies that were adduced ? Why ? They that testify for him are of his own party : And then let them testify that they saw a Nose on G. R.'s own Face , and for any thing I know , he should cut off his own Nose to have them Liers . And now , Let the World judge of this way of disproving Historical Relations and Attestations of Matters of Fact : Is it not plain that according to this Standard , it is impossible to Attest any thing ? For as I take it , the whole Nation is so divided between Prelalatists and Presbyterians , or those who favour One of the sides , that you shall not find many Neutrals . Now , who is obliged to take the Testimonies of Presbyterians , in Matters of Fact , more than the Testimonies of Prelatists ? Have they any Divine , Natural or Municipal Law for the Validity of their Testimonies beyond other Men ? If they have not , as I shall still be apt to believe till G R. produces the Law , then I would fain know how G. R. by his own Standard can allow , That Presbyterian Witnesses should appear before any Court Ecclesiastical or Civil against Episcopal Ministers . Nay , may not the Presbyterians themselves reject even G. R. s Testimony ? Nay I say they ought to do it : Why ? He stands nearly related to Episcopacy . How ? Let it be enquired into and I 'le hold him two to one , if he was Baptized at all , he was Baptized either by a Bishop , or by a Presbyter that submitted to Bishops . But if so , then good morrow to his Testimony : For thus the Argument runs , G. R. was Baptized by a Prelate or a Prelatist , and all know the Prelates inclinations , &c. Why this Reasoning should not hold in G. R.'s Case , as well as in Iames Gibson's Case , I desire to learn of G. R. when he is at Leisure . But this is not all . As he rejected all the Attestations in that Book , without any shew of Reason , so he did some in Despight of the Common Sense of Mankind . For setting this in its due Light , it is to be Remembred , that , in that Book , there are Accounts of the Insolencies committed by the Rabble upon such and such Ministers in the Presbyteries of Glasgow , Hamilton , Irwing , Air , Paisley , Dumbarton , &c. Now these Accounts were occasioned thus , When the Rabble was in its fury , and making Havock of all the Clergy in the Western Diocess of Glasgow , some of them met at Glasgow upon the 22 of Ianuary , 1688 / 9. to consider what might be proper for them to do for their own Preservation , and Protection against the Rage of their Persecutors : And the best Expedient they could then fall upon , was to send Doctor Scot Dean of Glasgow to London , to represent their Condition to his Highness the P. of O. who had then assumed the Government of the Nation ; and crave protection according to Law. And that the Doctor might be the better instructed , it was resolved , that particular Accounts of the Violences had been done to the Clergy within the abovenamed Presbyteries should be digested by such Ministers as lived within these Presbyteries , respectively : This was done . The Account of the Violences done to those who lived within the Presbytery of Air , was digested and signed by Mr. Alexander Gregory , Mr. William Irwine , and Mr. Francis Fordyce ; that for Paisley , by Mr. Fullerton , and Mr. Taylour , Ministers at Paisley ; that for Glasgow , by Mr. George , and Mr. Sage , &c. And that the Truth of these Accounts might be the more unquest●onable , the Subscribers ( in some of them , at least ) undertook to make all the particulars appear to be true , upon the greatest peril , if they should get a fair Hearing . What greater Evidence of Truth and Ingenuity could have been expected or required of People in such Circumstances ? Yet , Even these accounts G. R. rejected , as readily and con●idently as he did any other ; he rejected them I say , indiscriminately , and without taking notice of any difference between them , and such as were not written upon any such Occasion , such as were only vouched Teste Meipso . Was this like either the Sense or the Discretion that were proper for the Vindicator of a Church ? I do not incline , so much as in the least , to insinuate , that any of the Accounts contained in The Case of the afflicted Clergy , were false ; I am satisfied they were all very true : All I intend , is to represent G. R.'s impudent Rashness in rejecting all Accounts with the same facility : And certainly , whosoever considers this seriously , cannot but reckon of his Book as written with as little Wit or Discretion , as Truth or Ingenuity . And all this will appear more evident still , if it be considered , that , All this did not content him ; but he was such a Fool , as to stumble upon the same Methods , himself condemn'd most , in his Adversaries , when he had any Matter of Fact to Attest . He was very careful , as he tells frequently , to have his particular informations from all Corners , concerning all the Instances of Rabbling which were represented in the Prelatick Pamphlets ? But from whom had he these Informations , mostly ? From the very Rabblers themselves . It were both tedious and unprofitable to trace him through all instances : One may be sufficient for ane example . And I shall choose the very first that is to be found in his Book , viz. That of Master Gabriel Russel Minister at Govean . The Author of the Second Letter had given a brief and a just Account of the Treatment , that poor Gentleman had met with . And G. R. convels it thus , To this , I oppose , says he , The Truth of the Story , as it is attested by the Subscriptions of Nine Persons who were present , i. e. Nine of the Rabblers ; for so Mr. Russel himself assured me , repeating over these very names which G. R. has in his Book . And is not this a pleasant Attestation ? Is it not pleasant , I say , to rely upon the Testimony of such barbarous Villains , and take their own word for their own Vindication ? Yet there 's one thing , a great deal more pleasant yet , in the Story . The Author of the Second Letter had affirmed , that Mr. Russel was beaten by the Rabble ; But they ( the nine whom he adduces ) utterly deny , That any of them did beat him . And 't is true indeed , none of these nine did beat him ; but 't is as true that he was beaten : And one Iames Col●uhoun was the person who did it ; and therefore his Name was concealed , and not set down with the other nine . And now I refer it to the Reader , if it is not probable , that he has got a parcel of sweet History from G. R. in his Second Vindication . But I go on . As he thus adduced the Rabble witnessing for themselves ; so when he was put to it , he never stood on adducing the Testimonies of single Presbyterian Ministers , witnessing for the Honesty and Integrity of the Rabblers , or in opposition to the Prelatical Relations . Thus , In White 's Case ( p. 32. ) he adduces five Men , testifying that the Accounts of White 's Sufferings were false , &c. And for the Honesty of these five he tells us , They have all their Testimony from their Minister that they are credible and famous Witnesses . And P. 105. He rejects Bullo's account , who was Episcopal Minister at Stobo , in one word , thus , In this Narrative are many Lies , which is attested by Mr. William Russel ( Presbyterian ) Minister at Stobo . But the best is , After he had run down all the Prelatical Accounts by this Upright Dealing of his , and concluded them all most horrid Liers and Calumniators , and all their Relations most horrid Lies and Calumnies : He tells you gravely in his Preface , § 6. That the Truth of Matters of Fact , asserted in his Book is not to be taken from him , but from his Informers . That he pretends to personal Knowledge of few of them : That therefore , not his Veracity , but theirs , is pledged for the Truth of the Accounts he has published ; That if they have deceived him , or been deceived themselves , he is not to Answer for it . Let the World judge if this was not a sure foot for supporting such Superstructures as he rais'd upon it ; and if his Second Vindication is not a pleasant Book . Was it possible for him to have Farced it with more bare-faced Iniquities ? What picqu'd the Man , so , at his own Book , as to publish it with so many fair Evidences of Disingenuity , Partiality , Effrontery , and Downright Ridiculousness , about it ? What could move him to treat his own Brat with so little compassion ? Was not this , even in a Literal sense Male Natum exponere foetum ? Or rather what meant he by treating himself so unmercifully ? For who sees not that all the Infamy terminates on the Author , in the Rebound ? But , perchance , now that he is a profound Philosophick Head of a Colledge , he may fall on a way to distinguish between his own and his Books Credit : Perchance he may think his own Credit secure enough , whatever hazard his Books may run . Well! He may try it if he will ; but I would advise him not to be rash in falling out so with the Book ; For , as sorry a Book as it is , yet , I perceive , that with the assistance of a Neighbour Book , it can serve him a Trick , that may be sufficient to put even his impudent self a little out of Countenance . I 'll be so kind to him as to let him see where the Danger lies . He may remember , That the Author of the Second Letter ( which , by the most probable Calculation I can make , was written in December 1689 , or Ianuary 1690. ) endeavoured to make it appear as probable , That the Leading Men in Government were , then , very much inclined to Iustify the Expulsion of the Clergy by the Rabble , and sustain their Churches vacuated by that Expulsion ; and thereby cut off these poor Men from all hopes of being restored to their Churches or Livings , tho they had neither been Convicted of any Crime , nor Deprived by any Sentence . Now There 's another Book , called Ane Account of the Late Establishment of Presbyterian Government by the Parliament , Anno 1690. which gives a full and fair Account , how the thing was actually Done , how the Expulsion of the Clergy by the Rabble was actually Iustified by that same Act of Parliament which established Presbyterian Government . If G. R. has not seen that Book , or is resolved to reject its Testimony because probably written by a Party : I can refer him to the Universal Conviction of the whole Nation , that such a thing was Done , by that Act of Parliament : Nay I can refer him to the Act of Parliament it self . That Book tells also a shrewd story concerning a Presbyterian Minister , called Mr. Gilbert Rule , who preached a Sermon before the Parliament on the 25 of May , being the Sunday before the Act was Voted in the House ; And , before he published it , wrote a Preface to it , after the Act was Voted , in which he thanked the House very heartily for Voting such ane Act : And if G. R. distrusts that Book , I refer him to Mr. Rule ▪ s printed Preface to his Sermon , where I am confident he may find satisfaction . Nay , I dare appeal to G. R. himself , if he knew not all these things to be true , before he wrote one Syllable of his Second Vindication : For these things were transacted , every one of them , before the middle of Iune 1690 , and his Second Vindication came not abroad till more than a year after . Well! But what of all this ? how can this assist G. R.'s Book against himself , if it should be irritated to serve him a Trick ? Why ? turn over to p. 43 , 44 &c. and consider how it discovers in him such a Brawny Impudence , as never Ghost appearing in humane shape was guilty of , before him . For Tho the Letter-man was fully justified by the Event ; tho what he said seem'd to be intended by the Government , appear'd undeniably to have been intended by them in the Execution ; tho they Iustified the Expulsion of the Clergy by ▪ the Rabble ▪ as plainly and positively as ane Act of Parliament could do it ; So plainly and positively , that the whole Nation was sensible of it , and cried shame upon it ; That some Members , in the very time , resented it highly , calling it ane indelible Reproach upon the Justice of the Nation ; That many Members to this very minute will frankly acknowledge , there was never greater or more notorious iniquity established by a Law. Tho G. R. knew it so well , and was so much pleased with it , that he thanked the Parliament with all his Soul for it , telling them , He and his Party were filled with Ioy , while they beheld the Religious Regard which the High and Honourable Court of Parliament had shewed to the Mountain of the Lords House , above other Mountains ; in the Great Step towards the Establishing thereof that they had made by their Vote . ( Whereof that Justification of the Rabble was a great part ) Tho he prayed , That the Lord would reward them for their good Deeds ( whereof this was one ) towards his House . Tho all these things were , and are , clear as the Light , and uncontroulable as Matter of Fact can be ; yet G. R. lasht the Letter-man till he had almost flea'd him ; made him a Railer , one who Vnderstood no Logick , a Strainer at Silly Quibbles , one who had ane Extraordinary Dose of Brow , and whose Wit was a Wool ▪ gathering , &c. And all this for telling this plain Truth , That the Government had a design to Justify the Expulsion of the Clergy by the Rabble . Thus I think , I have made it appear how little tender G. R. was , even of his own beloved self , when he was straitned in his Argument : I might have easily adduced more Instances ; but the Truth is , I am now very weary of him ; and he himself has done himself the Justice , to represent himself to any Mans Satisfaction , who shall not be satisfied with the Representation I have given of him : For he hath fairly own'd , that he sets himself in opposition to those whom he acknowledges to be the Soberest and Wisest of his party . I don't love to be unjust to him ; I 'le give it you in his own words , as I find them , 1 Vind. Ans. to Quest. 5. § 6. He was complaining of the Persecutions his Party had met with for keeping Conventicles , &c. And amongst other things , he discourses thus , There might have been some shadow for such severity against Meeting ( at Field-Conventicles ) with Arms , tho even that was in some Cases necessary ; but that was always disallowed by the Soberest and Wisest Presbyterians Now t is plain , there are here these two Affirmatives . 1. That Meeting with Arms at Field Conventicles was in some Cases necessary : This is our Authors sentiment . 2. That Meeting with Arms at Field Conventicles , was always disallowed by the Soberest and Wisest Presbyterians : This , I say , he plainly affirms to have been always the sentiment of the Soberest and Wisest . By Consequence ; are not both these Affirmatives joyned together E●●●pollent to this Complexe Proposition , Tho the Soberest and Wisest Presbyterians did always disallow of Meeting with Arms , &c. Yet , in my Iudgment , it was sometimes necessary ? And now have you not , from his own Friendly self , a Fair Demonstration of his own Folly and Futility ? For who but a Futile Fool would have said , that he differed in his Sentiments from the Soberest and Wisest ? And now , to bring all home to my Original purpose . By this time , I think , I have given Reason enough for my refusing to accept of him for ane Answerer of my Book . No Man on Earth , I think , would willingly enter the Lists with one who is so singular for four such Cardinal Talents . Tho Incureable Ignorance and Incorrigible Nonsence , may be something pitiable , as being the Vices of Nature rather than Choice ; yet , 't is no small Persecution for one to be obliged to grapple with them . What must it be then to be committed with the other two ? Rank Ill-nature , I mean , and the most stubborn Impudence ? Some Ill Natures may be cured : Men may be either cajol'd or cudgel'd out of them . Agelastus himself laught once ; so did Duke D Alva : But what hopes can there be of one whose Common Sense is so intrinsecally vitiated , that he can avouch the coursest , and most Scurrilous Scolding to be Excessive Civility ? But this is not the worst of it : If there had been any thing Venust or Lepid , any shadow of Concinnity or Festivity , of Iollity or Good Humor , any thing like Art , or Life , or Wit , or Salt , in any One of Fifty of his Excessive Civilities ; if they had had the least Tincture of the Satyre , nay , if their Mein had resembled so much as the Murgeons of ane Ape , I could have pardon●d him , and let his Talent pass for Tolerable . There is something delightful in Marvelism , in well humor'd wantonness , in lively and judicious Drollery : There may be some Enormous Strokes of Beauty in a surprizing Banter ; some irregular Sweetness in a well cook't Bitterness : But who can think on drinking nothing but Corrupted Vinegar ? What humane patience can be hardy enough for entering the Lists with pure Barking and Whining ? with Original ●ullness ? who can think on Arming himself against the Horns of a Snai● ? or setting a Match for Mewing with a Melancholy Cat ? But What can be said of his Impudence ? his Master-Talent ? Why ? to tell Truth of it , I am not able to define it , and so I must let it alone ; I know nothing in Nature like it : 'T is too hard for all the Idea's or words I am Master of . Were I to talk any more of it I should design it his Vndefineable Attribute . And now I think our Author may be sensible , that it is not a good thing to cast a bad Copy to the world , lest some , for Curiosity , try if they can imitate it . For my part I do acknowledge , that I have crossed my temper to make an Experiment , if it was possible to be Even with him : To let him see , that others , as well as he , if they set themselves for it , may aim , at least , at Arguing the Case Cuttingly , as he phrases it ( Pref. to 2 Vind. § 6. ) One thing I am sure of , I have been faithful in my Citations from his Books : And I am not conscious that I have , so much as once forced ane Vnnatural sense on his words : For this , I am satisfied , that what I have said , be tried with the greatest and most impartial Accuracy . But , if he is such ane Author as I have truly represented him to be I hope the world will allow that I had , and still have Reason to refuse to have any Dealing with him . Nay farther , I think 't is nothing for the Honour or Reputation of his Party , that he was ever imployed to be the Vindicator of their Kirk . If they can imploy any civil , discreet , ingenuous person to write for them , I shall be heartily satisfied ; and for his Encouragement , I do promise , if he falls to my share , I shall treat him suitably . Nay After all , if even G. R. himself will lay aside such Qualities , as I have demonstrated adhere to him ; if he will undertake to write , with that Gravity and Civility , that Charity and Modesty , that Honesty and Ingenuity , which may be thought to become One of his Age and Character ; I can as yet admit of him for my Adversary , ( for I think the Party cannot assign me a weaker one ) And I do hereby promise him ane Equitable Meeting . FINIS . ADVERTISEMENT . THis Book was designed for the Press December 1693. The Article . That Prelacy and the Superiority of any Office in the Church above Presbyters , is , and hath been , a great and insupportable Grievance and Trouble to this Nation ▪ and contrary to the Inclinations of the Generality of the people , ever since the Reformation ; ( they having Reformed from Popery by Presbyters ) And therefore ought to be Abolished . THis Article was Established in our Claim of Right , April 11 , 1689. By vertue of this Article Prelacy was actually Abolished by Act of Parliament , Iuly 22. 1689. Upon the foot of this Article Presbyterian Government was Established , Iune 7. Anno 1690. This Act Establishing Presbyterian Government was Ratified in the whole Heads , Articles and Clauses thereof , Iune 12. 1693. It is indisputable then , That This Article is the Great Foundation of that Great Alteration which hath been made in the Government of the Church of Scotland , since the Beginning of the Late Revolution . Whether , therefore , This is a Solid or a Sandy Foundation ? cannot but be deem'd a Material Question : And , I think , I shall bid fair for the Determination of this Question , if I can give clear and distinct Satisfaction to these following Enquiries . I. Whether the Church of Scotland was Reform'd solely , by persons cloath'd with the Character of Presbyters ? II. Whether our Scottish Reformers , whatever their Characters were , were of the present Presbyterian Principles ? Whether they were for the Divine institution of Parity , and the unlawfulness of Prelacy , amongst the Pastors of the Church ? III. Whether Prelacy and the superiority of any Office in the Church , above Presbyters , was a great and insupportable Grievance and trouble to this Nation , and contrary to the inclinations of the generality of the people , ever since the Reformation ? IV. Whether it was Such when this Article was Established in the Claim of Right ? V. Whether , supposing the premisses in the Article were True , They would be of sufficient Force to infer the Conclusion , viz. That Prelacy , and the Superiority of any Office in the Church , ought to be abolished ? The Determination of the main Question , I say , may competently result from a perspicuous discussion of these five Enquiries : And therefore I shall attempt it as fairly as I can , leaving to the world to judge , equitably , of my performance : And without further prefacing , I come to The First Enquiry . Whether the Church of Scotland was Reformed , solely , by persons cloath'd with the Character of Presbyters ? IF the Framers of the Article meant that it was in these words , They having Reformed from Popery by Presbyters , I think , I am pretty sure they meant amiss : For there is nothing more obvious to one who reads and compares our Histories , than That persons standing in other stations , and cloath'd with other Characters , had a very great hand , and were very considerable Instruments in carrying on our Reformation . Particularly , 1. There were Prelates who concurred in that work as well as Presbyters . Knox says there were present in the Parliament holden in August , 1560. ( which Parliament gave the first National Establishment to our Reformation ) The Bishop of Galloway , the Abbots of Lundoris , Culross , St. Colmes-inih , Coldingham , Saint Mary-isle , and the Subprior of St. Andrews , with diverse others : And of all these , he says , That they had Renounced Papistrie , and openly professed Jesus Christ. (a) Spotswood reckons up no fewer than Eight of the Spiritual Estate , all Protestants , chosen , at that time , to be Lords of the Articles : Namely , (b) the Bishops of Galloway and Argyle , the Prior of St. Andrews , the Abbots of Aberbrothoik , Kilwinning , Lundors , Newbottle and Culross . Lay these two Accounts together , and you shall have , at least a Round Dozen of Reforming Prelates . 'T is True Spotswood says , The Popish Prelates stormed mightily at such a Nomination for the Articles , alledging that some of them were meer Laicks . But what if it was so ? I am apt to think , our Presbyterian Brethren will not be fond to make much advantage of this : I am apt to think they will not say , That all those whom they allow to have been Reforming Presbyters , were Duely and Canonically Ordained : That they were solemnly seperated for the Ministery , by such as had Commission and Power to Separate them , and in such Manner as had Universally obtained , from the Apostles times , in the Separation of Presbyters for their holy Function . The plain truth is , 2. Our Reformation was principally carried on by such as neither Did , nor Could pretend to be Canonically promoted to Holy Orders . Knox himself (c) tells us , that when the Reformation began to make its more publick Advances , which was in the Year 1558. there was a great Scarcety of Preachers : At that time ( says he ) we had no publick Ministers of the word ; Only did certain Zealous Men ( among whom were the Laird of Dun , David Forress , Mr. Robert Lockhart , Mr. Robert Hamilton , William Harlaw , and others ) Exhort their Brethren , according to the Gifts and Graces granted to them : But shortly after did God stir up his Servant Paul Methven , &c. Here , we have but a very Diminutive account of them , as to Number : And such an Account , as , in its very Air and Countenance , seems to own they were generally but Lay-Brethren : They were but Zealous Men , not Canonically ordained Presbyters : And if we may believe Lesly , Paul Methven was , by Occupation , a Baker , and William Harlaw a Taylor . (d) The Laird of Dun , that same very year , was Provost of Montrose , and , as such , sent to France , as one representing , not the First or the Spiritual , but the Third Estate of Parliament , the Burrows ; to attend at the Celebration of the Queens Marriage , with the Dauphine of France : (e) He was indeed a Gentleman of good Esteem and Quality , and he was afterwards as Superintendent , but it no where appears that he was ever Received into Holy Orders . Nay , 3. After the pacification at Leith , which was concluded in Iuly 1560 , when the Ministers were distributed amongst the several Towns , we find but a very small Number of them . Iohn Knox was appointed for Edenburgh , Christopher Goodman for St. Andrews , Adam Herriot for Aberdeen , Iohn Row for Perth , William Chrystison for Dundee , David Ferguson for Dunfermline , Paul Methven for Iedburgh , and Mr. David Lindesay for Leith . Beside these , Five were nominated to be Superintendents ; Spotswood for Lothian and Mers , Winram for Fife , the Laird of Dun for Angus and Merns , Willock for Glasgow , and Carsewell for Argyle and the Isles . These are all who are reckoned up by Knox and Spotswood : (f) And Spotswood adds , With this small Number was the Plantation of the Church , at first , undertaken . And can we think , tho all these had been Presbyters duly ordained , That they were the only men who carried on the Scottish Reformation ? Farther yet , 4. Petrie (g) tells us , that the First General Assembly , which was holden in Dec. 1560 , consisted of 44 persons ; and I find exactly 44 Names Recorded in my Mss. Extract of the Acts of the General Assembly's , as the Names of the Members of that Assembly : But of all these 44 , there were not above Nine , at most , who were called Ministers ; so that , at least , more than Thirty , were but Lay-Brethren according to the then way of Reckoning : probably , they were generally such , if you speak in the Dialect , and reckon by the Measures of the Catholick Church in all Ages . In short , 5. There is nothing more evident to any who considers the Histories of these times , than , that they were generally Laymen , who promoted our Violent and Disordered Reformation , as Spotswood justly calls it . (h) And 't is Reasonable to think , the Sense of this was One Argument , which prevailed with our Reformers to Declare against the Antient , Catholick , and Apostolick Ceremony of Imposition of Hands in Ordinations ; as is to be seen in the 4 th Head of the First Book of Discipline , (i) and as is generally acknowledged . Thus I think I have sufficiently deduced Matters , as to my First Enquiry : It had been easy to have insisted longer on it ; but I had no inclination for it , considering that there is a kind of Piety in Dispatch , when , the longer one insists on a subject of this Nature , he must still the more Expose the Failures of our Reformation , and the Weaknesses of our Reformers . Proceed we now to The Second Enquiry . Whether our Scottish Reformers , whatever their Characters were , were of the present Presbyterian principles ? Whether they were for the Divine Institution of Parity , and the Vnlawfulness of Prelacy amongst the Pastors of the Church . THis Enquiry , if I mistake not , is pretty far , in the interests of the main Question : For , the Article , as I am apt to take it , aims at this , That our Reformation was carried on , with such a Dislike to Prelacy , or the Superiority of any Office in the Church , above Presbyters , as made Prelacy , or such a Superiority , ever since , a great and insupportable Grievance and Trouble to this Nation , &c. But if this is the Sense of the Article , what else is it , Than that our Reformers were Presbyterian ? But whether or not , This was truly intended , ( as 't is truly very hard to know what was intended ) in the Article , This is Certain , this Enquiry is material and pertinent ; And if it faces not the Article Directly , Undoub●edly , i● doth it , by fair Consequence . 'T is as certain , our Presbyterian Brethren use , with confidence enough , to assert that our Reformers were of their Principles . This is One of the Main Arguments by which they endeavour , on all occasions , to influence the Populace , and Gain Proselytes to their Party : And therefore I shall endeavour to go as near to the bottom of this Matter as I can , and set it in its due Light ; And I hope , It shall appear to be competently Done , to all who shall , attentively and impartially , weigh the following Deduction . And I. Let it be considered , That while our Reformation was on the Wheel , and for some years after its publick Establishment , there was no such Controversy agitated , in Europe , as this , concerning The Divine Institution of Parity or Imparity amongst the Pastors of the Church . The Popes pretended universal Headship was Called in Question , indeed ; And , Called in Question , it was run down with all imaginable Reason , some years , before the Settlement of our Reformation . That Controversie was One of the First , which were accurately ventilated by the Patrons of Reformation . And it was very natural that it should have been so , considering what stress was laid upon it by the Pontificians . 'T is likewise true , That the Corruptions of the Ecclesiastical Estate , were Enquired into , in most Provinces , every where , where the Truth began to Dawn , and the Reformation was Encouraged : And it was not to be imagined , but in such Scrutinies , Bishops would be taken notice of , for their general Defection from the Antient Rules and Measures of the Episcopal Office , and the vast Dissimilitude between them , and those of the same Order in the primitive times , both as to the Discharge of their Trust , and their Way of Living : And who doubts , but in these things the Popish Bishops were too generally culpable ? 'T is farther true , That some Countries , when they reformed Religion , and separated from the Church of Rome , did set up New Models of Government in the Churches they erected , as they thought their civil Constitutions could best bear them : And having once set them up , what wonder if they did what they could to justify them , and maintain their Lawfulness ? Thus , for instance , Mr. Calvin erected a Model of the Democratical Size at Geneva , because that State had then cast it self into a Democracy . And the Protestants in France , partly for Conveniency , partly in imitation of Calvins Platform , fell upon a method of governing their Churches without Bishops ; And so it fared with some other Churches , as in Switzerland , &c. while in the mean time other Churches thought it enough for them to Reform the Doctrine and Worship , without altering the Ancient form of Government . But then 'T is as evident as any thing in History , that all this while , from the first Dawnings of the Reformation , I mean , till some years after the publick Establishment of our Reformation , That there was no such Controversie insisted on , by Protestants , either in their Debates with the Papists , or with one another , as that , about the Divine and Vnalterable Institution of parity or imparity , amongst the Pastors of the Church . And I dare confidently challenge my Presbyterian Brethren to produce any One Protestant Confession of Faith for their side of the Question : Nay more , I dare challenge them to instance in any One Protestant Divine , of Note , who , in these times , maintained their side of the Controversy ; who maintain'd the Vnlawfulness of Imparity amongst Christian Pastors , before Theodore Beza did it , if he did it . Sure I am They cannot , without the greatest impudence , pretend that Mr. Calvin ( the only Transmarine Divine , I can find , consulted by our Reformers about matters relating to our Reformation ) was of their Principles , For whoso shall be pleased to consu●t his Commentaries on the New Testament , particularly on 1 Cor. 11.2 . ; Or some Chapters in the beginning of his 4 th Book of Institutions ; Or his Book about the Necessity of Reforming the Church ; Or his Epistles , particularly his Epistle directed to the Protector of England , dated Octob. 22. 1548. Or to Cranmer Archbishop of Canterbury ; (k) To the Bishop of London ; (l) To Ithavius Bishop of Vladislavia , dated Decem. 1. An. 1558 ; (m) Or his Resolution of that Case , if a Bishop or Curate joyn himself to the Church , &c. (n) Or lastly , his Epistle to the King of Poland (o) , wherein he tells him , That It was Nothing but pride and ambition that introduced the Popes Supremacy ; That the Ancient Church , had , indeed her Patriarchs and Primates , for the Expedition of Discipline , and the Preservation of Unity : As if , in the Kingdom of Poland one Archbishop should have the precedency of the rest of the Bishops , not that he might Tyrannize over them , but for Orders sake , and for Cherishing Unity amongst his Collegues and Brethren ; And next to him there should be Provincial , or City Bishops for keeping all things orderly in the Church . Nature teaching ( says he ) that from every Colledge , One should be chosen who should have the chief Management of affairs . But , 'T is another thing for one Man , as the Pope doth , to arrogate that to himself which exceeds all humane abilities ; namely , The Power of governing the whole Universe . Whoso shall perpend these writings of Mr. Calvins , I say , shall find that he was very far from maintaining the Vnlawfulness of Prelacy . Nay , farther yet , I challenge my Presbyterian Brethren , upon their ingenuity to tell me , weither it was not a good many years after 1560. that Beza himself ( the true founder of their Sect ) condemn'd Prelacy , if he did condemn it . I say , if he did maintain the Necessity of Parity , and condemn'd Prelacy ; For however he may seem , upon several occasions , not only to give the preference to Presbyterian Government , and represent it as the most eligible , But to endeavour to found it on Scripture ; And represent Episcopacy as an humane invention , yet I have not observed that , any where , 〈◊〉 calls it absolutely or simply Unlawful . On the contrary , he says in express terms , That it is Tolerable when it is duely Bounded ; when the pure Canons of the Ancient Church are kept in vigour to keep it within its proper Limits . Sure I am , he was not for separating from a Church ( as our modern Presbyterians are ) upon the account of its Governments being Episcopal , as might be made appear fully from his Letters ; so that whatever greater Degrees of Dislike to Episcopacy he may have discovered , beyond his Predecessor Mr. Calvin , yet it is not unreasonable to think , that his great aim was no more , than to justify the Constitution of the Church , he lived in ; and recommend it as a pattern to other Churches . The Scope of this whole Consideration is this , That if what I have asserted is true ; if there was no such Controversie agitated , all the time our Church was a Reforming , nor for a good many years after ; Then we have one fair Presumption , that our Reformers were not Presbyterians : It is not likely that they were for the Indispensibility of Parity , that being the side of a Question , which , in these times , was not begun to be tossed . And this Presumption will appear , yet , more ponderous , if II. It be considered , that we have no reason to believe , that our Reformers had any peculiar Motives , or Occasions , for adverting to the pretended Evils of Prelacy ; or any peculiar interests to determine them for Parity , beyond other Churches ; or that they were more sharp-sighted to espy faults in Prelacy , or had opportunities or inclinations to search more diligently , or enquire more narrowly , into these matters than other Reformers . The truth is The Controversies about Doctrine and Worship , were the great ones which took up the thoughts of our Reformers , and imployed their most serious Applications . This is obvious to any who considers the accounts we have of them ; so very obvious , that G. R. himself fairly confesses it in his First Vind. ad Quest. 1. where he tells us , That the Errors and Idolatry of that way ( meaning Popery ) were so gross , and of such immediate hazard to the Souls of People , That it is no wonder that our Reformers minded these First and Mainly , and thought it a great step to get these Removed ; so that they took some more time to consult about the Reforming of the Government of the Church . From which , 't is plain , he confesses , the Reformation of the Churches Government was not the subject of their Main Thinking ; which indeed is very true ▪ and cannot but appear to be so , to any who considers what a Lame Scheme was then drest up by them . But however this was , 't is enough to my present purpose , That our Reformers were more imployed in reforming the Doctrine and Worship , than in thinking about Church Governments . From which , together with the former presumption , which was , that our present Controversies were not begun to be agitated in these times , one of two things must follow unavoidably , viz. either 1. That if they were for the Divine and indispensible Right of Parity , 't is no great matter ; their Authority is not much to be valued in a Question about which they had thought so Little ; Or 2. That it is to be presumed , they were not for the Divine Right of Parity , That being the side of a Question , which was not then agitated in any Protestant Church , and as Little in Scotland , as any . To be ingenuous , I think both inferences good , tho 't is only the Last I am concerned for at present . But this is not all , For III. So far as my opportunities would allow me , I have had a special eye on all our Reformers , as I found them in our Histories . I have noticed their sentiments about Church Government as carefully as I could ; And I have not found so much as one amongst them , who hath either directly or indirectly , asserted the Divine and Vnalterable Right of Parity . By our Reformers , here , I mean such as were either 1. Martyrs , or 2. Confessors for the Reformed Religion , before it had the countenance of Civil Authority , or 3. Such as lived when it was publickly established , and had a hand in bringing it to that perfection . Such , I think , and such only , deserved the Name of our Reformers : And , here , again I dare be bold to challenge my Presbyterian Brethren , to adduce clear and plain proof that so much as any one man of the whole Number of our Reformers , was of the present principles of the party . Some of them , indeed , seem to have laid no great stress on Holy Orders , and to have been of opinion , That personal Gifts and Graces were a sufficient Call to any man to preach the Gospel ; and undertake the pastoral Office. Thus that excellent person Mr. George Wishart , who , in most things , seems to have juster notions of the Gospel Spirit , than most of our other Reformers , when , at his Tryal , he was charged with this Article , That every man was a Priest , and that the Pope had no more power than another man , answered to this purpose , That St. Iohn saith of all Christians , He hath made us Kings and Priests . And St. Peter , He hath made us a Kingly Priesthood . That , therefore , any man skill'd in the Word of God , and true Faith of Christ , had power given him of God ; But he that was unlearned , and not exercised in the word of God , nor constant in the Faith , whatever his state or order was , had no power to bind , or to loose , seeing he wanted the word of God , which is the Instrument of binding and loosing . (p) And 'T is probable , This was a prevailing opinion in those times , from the too common practice of it . But hath this any relation to the Divine Right of Parity ? Doth it not strick equally against both Orders , that of Presbyters , as well as that of Bishops ? Is it not plainly to set up the Ius Laicorum Sacerdotale in opposition to both ? And who can say but this Opinion might have been in a Breast , which entertain'd no scruples about the Lawfulness of Episcopacy ? No doubt it might ; and no doubt it was , actually , so with this same holy Martyr : For , he was not only willing that the then Bishops , tho Popish , should be his Judges ; He not only gave them still their Titles , and payed them all the Respect that was Due to their Order and Character ( homages infinitely scandalous with our modern Presbyterians ) as is to be observed thro all the steps of his Tryal : But in his last Exhortation to the People , at the very Stake , he bespake them thus ; (q) I beseech you Brethren and Sisters , to exhort your Prelates to the Learning of the Word of God ; that they may be ashamed to do evil , and learn to do good ; and if they will not convert themselves from their wicked Errors , there shall hastily come upon them , the wrath of God which they shall not eschew . Here you see the Dying Martyr was earnest , that the Popish Prelates might quit their Errors , not their Prelations . What is there here that looks like a Divine-Right-of-Parity-man ? Indeed he was none of that Principle : He had had his Principles from England , as we shall find hereafter . Only one thing more about him , here ; He was not for Club law Reformations : He was neither for violent Possessions of Churches , not for propagating the Cause by Rabbles , if we may belie●● Knox's accounts of him . Others , again , of our Reformers , Declaim'd loudly against the Bishops of these times , and condemn'd them severely , and perhaps too deservedly : But what is this to the Order ? Doth every man condemn the Office , who condemns this or that Officer ? If so , then , sure , the Order of Presbyters was as bad as the Order of Bishops , in the judgment of our Reformers ; For instance , hear Walter Milne in his Exhortation to the People , at his Martyrdom : Therefore as ye would (r) escape Eternal Death , be no more seduced with the Lies of ( whom ? of Bishops only ? No , but of the whole collection of ) the Priests , Abbots , Monks , Friars , Priors , Bishops , and the rest of the Sect of Antichrist . But 't is needless to adduce the Testimonies of private persons : we have the publick Deeds of the Protestants of these times , very clear to this purpose . Thus , They directed a Declaration of their minds to the Popish Clergy , under this Title , To the Generation of Antichrist , the pestilent Prelates and their Shavelings within Scotland , &c. (s) And were not Presbyters of the number of these Shavelings ? And what can be more part to this purpose than the Supplication which was presented by our Reformers to the Parliament , Anno 1560 ? There they tell the Estates , That they cannot cease to crave of their Honours , the Redress of such Enormities , as manifestly are , and of a long time have been committed by the Place-holders of the Ministery , and others of the Clergy — They offer evidently to prove , that , in all the Rabble of the Clergy , there is not one Lawful Minister — And therefore they crave , that they may be decerned unworthy of Honour , Authority , Charge , or Care , in the Church of God , &c. (t) Whoso pleases may see more of their publick Representations , to this effect , in Knox's History . (w) Now , what can be more clear than that all this work was against Presbyters , as much as against Bishops ? and by consequence , against Both Offices , or against neither ? as , indeed , it was against neither , as I shall afterwards demonstrate from this same Petition . In short , nothing can be more evident to ane attentive Reader , than that in all these Efforts of the Zeal of our Reformers , against the Popish Bishops , it was only the Popery , and , not at all , the Prelacy , that was aim'd at . They never condemned Bishops as Bishops , but only as Popish Bishops . I have insisted the more largely on these things , because , I know , People are apt to mistake in this matter , who do not sufficiently attend to the Dialect of these times ; Especially when they read the History which is commonly called Iohn Knox's . I return now to my purpose , and repeat my assertion , viz. That our Presbyterian Brethren cannot adduce so much as one of our Martyrs , our Confessors , or those who had any remarkable hand in the Establishment of our Reformation , in the year 1560 , who was of the Modern Presbyterian Principles . Three Authors have indeed attempted it ; The Author of the Pamphlet entituled , The Course of Conformity ; Mr. Calderwood , and Mr. Petrie . The Author of the Course of Conformity in his 4 th Chap. reckons up a full Dozen of such as ( he says ) gave Evident and full Testimony against Bishoprie , as he calls it . But he has not recorded the Testimony of any One , except Knox. All the rest he proves to have been enemies to Prelacy , by this one Argument : They preached zealously against Popery , And Bishoprie is one of the greatest Errors and Corruptions of that . He neither offers at proving his Subsumption , nor at adducing any other Topick : And has he not proven the point demonstratively ? Besides , some of his Dozen were not heard of till several years after the Reformation , and so , cannot be brought in Barr against my Challenge . Further , He has had the ill Luck to name such for the half of his Dozen , as would have laught heartily to have heard themselves cited as Patrons of the Divine Right of Parity : Particularly , Mr. Willock , who lived and died Superintendent of Glasgow ; Mr. Pont , who died Bishop of Cathnes ; Mr. Row , who was one of the Three , who stood for the Lawfulness of Episcopacy , when it was first called in question , at the Assembly in August 1575 ; (u) Mr. Craig , whom Calderwood himself censures severely for his forwardness to have the Brethren subscrive , That they should give obedience to their Ordinary's ; and charges with making bitter invectives against the sincerer sort , as he calls the Non-Subscribers . (v) I may add Mr. Knox , as shall be made appear , by and by . But I have taken but too much notice of The Course of Conformity , which is , truly , one of the weakest Pamphlets was ever seen in print : And if that part of it which is against Episcopacy was written by Mr. Iames Melvil , as Calderwood affirms , (x) It is a Demonstration , That whatever his Zeal was against Prelacy , it was not according to much Knowledge . Mr. Petrie mentions only two of our Reformers , as Divine Right-of Parity Men : The Earl of Murray , who was Regent , and Mr. Knox : Calderwood insists on Knox , but doth not mention Murray . Petries Evidence about Murray , is , That he hath read of him , that by his Letter , he did inform Queen Elizabeth of the Honor and Happiness that would attend her Crown and State , upon the Establishment of Christs Government ; And of the profitable Vses whereunto the Rich Benefices of Bishops might be applied . But I. He tells not in what Author he read this ; And none who knows Mr. Petries Byass , will think it unreasonable to require some other thing to rely on , than his own Bare Authority . 2. If we should rest on his Authority , and allow that Murray wrote so , because Mr. Petrie said it , yet how will it follow , that his Lordship was for the Divine Right of Parity ? Might not he have been against the Temporal Dignities , and the rich Benefices of the English Bishops , without being against Prelacy ? How many have been so ? Indeed 3. There is all the Reason in the world to believe , That if Murray did write so to the English Queen , this was all he aim'd at : For , had he been for the Divine Right of Parity , would he ever have so much countenanced Imparity in the Church of Scotland ? Was not he one of the Subscribers of the First Book of Discipline ? (y) wherein Imparity was so formally established ? Was not he Regent in December 1567 ? And did not he , then , give the Royal Assent to some Acts of Parliament , made clearly in favour of Imparity ? Or did he extend the Royal Assent to these Acts in Despight of his Conscience ? 'T is true , indeed , Time has been , when some Men have had such Ductile Consciences , that picq't , the one year , for not having so much favour at Court , as they thought they deserved , they could boldly stand up in Parliaments against iniquous Laws , and tell their fellow Members , That such Laws reflected on the Iustice of the Nation , and what not ? And yet , the next year , when the Court smiled on them , and gave them Preferments and Pensions to satisfy their Ambition , or their Avarice , they could retract all their former Niceness , so much , that if they had got the management of the Royal Assent , they would have made no scruple to have Applied it for the Ratification , Approbation , and perpetual Confirmation of the same Laws , in their whole Heads , Articles and Clauses , which seemed , to themselves , so scandalous and wicked : But the Earl of Murray , while Regent , had no such temptations : I believe he had no such yielding Conscience ; if he had , I don't think his Authority was much to be valued . Once more , I think 't is very strange that he should have been for the Divine Right of Parity , and yet should never have spoken so much out , considering his occasions , except in his private Letters to Queen Eliz. The only person now to be considered is Iohn Knox. He was certainly a prime instrument in the Advancement of our Reformation : His Authority was great , and his Sentiments were very influential ; And it is not to be denied , but it is of some weight in the present question , to know what was his judgment . I shall therefore endeavour to account for his principles a little more fully ; and ● shall do it by these steps . 1. I shall shew the insufficiency of the arguments that are adduced , by our Brethren , to prove him Presbyterian . 2. I shall adduce the Arguments which incline me to think he was not . The great Argument insisted on by the Author of the Course of Conformity , and Mr. Petrie , (a) is taken from a Letter of Knox's , directed to the General Assembly , holden at Stirling , in August 1571. The words are these . Vnfaithful and Traitors to the Flocks shall ye be , before the Lord Jesus , if that , with your consent , directly or indirectly , ye suffer unworthy men to be thrust in within the Ministry of the Kirk , under what pretence that ever it be : Remember the Iudge before whom ye must make an Account , and resist that TYRANNY as ye would avoid Hell fire : So the Author of the Course of Conformity , without the least attempt to let the world see where the Argument lay . Mr. Petrie is indeed a little more discreet . He tells us where it lies : Iohn Knox in his Letter to the Assembly , by the word Tyranny meaneth Episcopacy : So he , but without any fuller deduction . And is not this a Demonstration , that Knox was Presbyterian ? And yet , after all this , it is not possible to make more of the Letter , when it is narrowly consider'd than , That Knox deem'd it a pernicious and Tyrannical thing , for any person or persons whatsoever to thrust unworthy men into the Ministery of the Church ; and Ministers who would make Conscience of their Calling and Trust , must resist such encroachments with all possible concern and courage . No man , I say , can make more of the Letter : And who doubts but Mr. Knox was so far in the right ? But then , let any man who looks not through Mr. Petries Spectacles , tell me what this has to do with Parity or Imparity ? The next argument is insisted on both by Petrie and Calderwood : (b) It is , that Knox was at St. Andrews , in Feb. 1571 / 2 , when Douglas was advanced to that See ; That he refused to inaugurate him ; Nay that in the Audience of many then present , he denounced Anathema to the Giver , and Anathema to the Receiver ; And if you ask Calderwoods Evidence for this , he tells you , He found it in a certain Manuscript , than which what can be more Apodectick ? To be short , tho we had reason to give credit to Calderwood , and his uncertain Certain Manuscript , and to believe that the Matter of Fact is true , and that Knox said and did so ; yet , by what consequences will it follow , that he was for the Divine Right of Parity ? To deal frankly , 't is like enough that Knox said so , and 't is very probable he had reason to say so , in that instance : For at that time dreadful Invasions were made upon the Patrimony of the Church ; None more deep in that Iniquity than the Earl of Morton , then Chancellor ; by whose influence Douglas was preferred to that Archbishoprick : And so 't is like enough that Knox , who , all his life was singularly Zealous for the Rights of the Church , upon suspicion , if not certain knowledge , of some dirty Bargain between Morton and Douglas , expressed suitable Resentments . But that it was not from any perswasion he had of the Unlawfulness of Prelacy is clear , even from what Calderwood and Petrie themselves have recorded , within a pag. or two (c) For both tell us , that when the next Assembly continued Douglas in the Rectorate of the University of St. Andrews , a Station he had been in before he was raised to the Archbishoprick ; Iohn Knox Regrated that so many Offices were laid on one Old Man , which scarcely 20 of the best gifts were able to bear . For ( as Petrie adds ) He was now Archbishop , Rector of the Vniversity , and Provost of the New College of St. Andrews . From this , I say , it is plain , That Knox did not resent Douglas his advancement , from any opinion of the Vnlawfulness of Episcopacy , for no such word , so much as once mutter'd by him ; but from a perswasion he had , that no one man was fit for such a Multitude of Offices . And I shall readily grant , that Knox was not for Largo Diocesses ( such as St. Andrews was then ) , as we shall learn by and by , tho I am afraid , little to the comfort of my Presbyterian Brethren . But I have not yet dispatched the whole Argument ; 'T is said , He refused to inaugurate the Bishop : Be it so , but may not the grounds I have laid down already , make it reasonable for him to have done so , tho he had no quarrel with imparity ? What ane Argument is this , Iohn Knox , a Presbyter , refused to consecrate a Bishop , Ergo he was a Presbyterian ? This is upon the supposition , that Calderwood and Mr. Petrie have told us true Matter of Fact : And yet I must confess , I see not the probability of its being true , That Knox was desired to inaugurate him : For how is it imaginable , that he would be desired to perform that Office , when there was a Bishop and a Superintendent at hand to do it , and who actually did it , as both Authors acknowledge ▪ But that is not all . There is another Argument insisted on by both Authors , (d) viz. That Mr. Iohn Ruther-foord , Provost of the Old College alledged , that Mr. Knox 's repining proceeded from Male-Contentment , And Knox purged himself , next Sunday , saying I have refused a greater Bishoprick , than ever it was , which I might have had with the favour of greater men than he hath his ; I did and do Repine for Discharge of my Conscience . Now , what more is there in all this than , That Knox his Conscience would not have allowed him to take a Bishoprick , with so much prejudice to the Rights of the Church , for any mans feud or favour , as he suspected Douglas had done in compliance with the Earl of Morton ? Can the world see any thing here that lookt like the Divine Right of Parity ? But Calderwood has yet a more wonderful Argument (e) to prove Mr. Knox one of his party : Mr. Beza , forsooth , being informed by Mr. Knox , as appeareth , of the Intention of the Court to introduce Bishops , wrote a Letter to him , wherein he told him , That as Bishops brought in the Papacy , so false Bishops , the Relicks of Popery , would bring in Epicurism to the world , and therefore prayed him , that Episcopacy might never be re-admitted into Scotland , &c. Petrie indeed mentions the same Letter , but he had not the courage , it seems , to say , that it appeared to have been occasioned by a Letter of Knox's to Beza , concerning the intentions of the Court to introduce Episcopacy . Indeed no such thing appeareth from any sentence , phrase , or syllable , in all Mr. Beza's Letter : How it came to appear to Mr. Calderwood , whether by some certain or uncertain Manuscript I know not ; but however it was , make the supposition , That Knox did write so to Beza , where is the consequence of the Argument ? And if he wrote not ( and 't is impossible to make it appear from Mr. Beza's Letter that he did ) Why was Calderwood at such pains to give the world a citation out of Beza's Letter against Episcopacy ? was that a good proof that Knox was Presbyterian , that Beza sent him such a Letter ? The truth is , if any thing can be collected from that Letter , concerning Knox's sentiments , it seems rather , that he was for Prelacy . For Beza seems clearly to import , that Knox needed to be caution'd against it : For thus he writes ; One thing I would have you , my dear Knox , and your Brethren to advert to , as being very obvious , it is , That as Bishops brought forth the Papacy , &c. But if Knox needed this Commonitory , I think 't is no great Argument that he was Presbyterian , so much , at least , as Beza would have had him . But to do Mr. Calderwood justice , he seems to have laid no great stress on this Argument , and so I leave it . So much for the Arguments insisted on to prove , that Mr. Knox was for Parity . I come now to the Arguments which incline me to think he was not . When we are enquiring after ones sentiments about a point in controversie , It is not reasonable to build much on far fetcht consequences ; or refine upon incidental sayings , which may be , very frequently , the Results of Negligence or Inadvertency : It is not proper to fasten on indirect propositions , or snatch at this or that indeliberated phrase or expression , which might have dropt unwarily from his tongue or pen. Following such measures , we may easily strain mens words , beyond their meaning ; and make them speak Nonsense , or innumerable Contradictions when we have a mind for it . The solid measure is to weigh a mans deliberate and serious thoughts , if , any where , he has exprest them ; To consider his Reasonings , when he treated directly on the controverted Subjects , or any thing that stands so nearly related to it , that one cannot readily discourse the one , without reflecting on the other ; To trace him through his life , if the controverted point is Relative to Practice , and try what was his Behaviour , when he had occasion to declare his mind concerning the matter in question . This , as I take it , is the true Rule . Now allowing this Rule to take place , I am very much mistaken if Knox shall be found to have been for the Divine Institution of Parity , and the Vnlawfulness of Prelacy . Had he been so perswaded , how seasonable had it been for him to have spoken out so much , when he was brought before King Edwards Council ? (f) The question was then put to him , Whether he thought that no Christian might serve in the Ecclesiastical Ministration , according to the Rites and Laws of the Realm of England ? Here was a proper opportunity for him to have declared himself against Prelacy , if he had been really against it . How natural had it been for a sincere Parity man , on that occasion , to have told that Council , That no Christian could , the● serve with a safe Conscience , as a Pastor of the Church of England , because according to the Laws of that Realm , he behoved to serve as a Member of ane Vnlawful Hierarchy ? yet he answered nothing , but that No Minister in England had Authority to separate the Lepers from the whole , which was a Chief Part of his Office : Plainly founding all the Vnlawfulness of being a Pastor of the Church of England , not on the Vnlawfulness of the Hierarchy , which he spoke nor one word about , but on the Kings . Retaining , in his own hands , the Chief Power of Ecclesiastical Discipline , as , it is known , he did . When was it more opportune for him to have expressed these sentiments , if he had had them , than when he was at Frankfort ? Yet not one word of the Divine Right of Parity , or the Vnlawfulness of Prelacy in all these controversies (g) He was warm enough then , and eager enough , to have found faults in the English Constitution ; yet he never charged her with the horrid guilt of Prelacy : Not so much as one word of that in any Account I have seen of these Troubles . How suitable had it been for him to have declared himself in this matter , in his Appelation from the cruel , and most unjust sentence , pronounced against him , by the false Bishops and Clergy of Scotland ; as he calls them , published by himself Anno 1558 ? yet , in all that Appellation , not one syllable to this purpose : On the contrary , he plainly supposes the Lawfulness of the Episcopal Office ; all alongst , throughout it : He appeals to a Lawful General Council ; (h) Such a Council , as the most Ancient Laws and Canons do approve : And who knows not that the most Ancient Laws and Canons made Bishops the Chief , if not the only Members of such Councils ? He says (i) if the Popish Clergy , his Adversaries , are for it . He is content that Matters in Controversie between him and them , be determined by the Testimonies and Authorities of Doctors and Councils . Three things being granted him , whereof these are two , 1. That the most Ancient Councils , nearest to the Primitive Church , in which the Learned and Godly Fathers examined all matters by Gods word , may be holden of most Authority . 2. That no Determinations of Councils , nor Men , be admitted against the plain verity of Gods word , nor against the Determinations of the four chief Councils . Would he , if he had been Presbyterian , have agreed so frankly to have stood by the Determination of these 4 Chief Councils ? Could he have expected , they would have favoured the Divine Right of Presbyterian Parity ? Will any Scottish Presbyterian , now adays , stand to the Decision of these 4 Councils ? Farther , In that same Appelation , (k) he requires of the Nobility , that the Bishops be compelled to make answer for the neglecting their Office ; which plainly supposes the Lawfulness of the Office , and charges Guilt only on the Officers . When had it been more seasonable , than in his Admonition to the Commonalty of Scotland , published also Anno 1558 ? His great design , in it , was to excite them to a Reformation , by loading the Papistical Clergy with every thing that was abominable : Yet not a Syllable of it here , neither ; nothing but a farther and a clearer Supposition of the Lawfulness of Prelacy . You may ( says he (k) in a peaceable manner , without Sedition , withhold the fruits and profits , which your false Bishops and Clergy , most unjustly receive of you , until such time , as they shall faithfully do their Charge and Duties , which is , To preach unto you Christ Jesus truly ; Rightly to minister the Sacraments , according to his Institution ; And so to watch for your Souls as is commanded by Christ , &c. If this supposes not the Innocency of the Episcopal Office in it self , I know not what can . Had he been for the Divine Right of Parity , how unfaithful had he been in his Faithful Admonition to the true Professors of the Gospel of Christ within the Kingdom of England , written Anno 1554 ? His great work there , was to ennumerate the Causes , which , in Gods righteous judgment , brought Queen Mary's Persecution on them . But he quite forgot to name the Sin of Prelacy , as one . Assuredly he had not done so , had he been of the same sentiments with our Famous General Assembly 1690. (l) How unfaithfully was it done of him , I say , thus to conceal one of the most Crimson Guilts of the Nation ? But this is not the worst of it : In that same Admonition he has a most scandalous Expression ; sure he was not then sufficiently purg'd of Popish Corruption . God gave ( says he ) such strength to that REVEREND FATHER IN GOD , Thomas Cranmer , to cut the Knots of Devilish Sophistry , &c. (m) To call an Archbishop a Reverend Father in God , what was it else , but the plain Language of the Beast ? How Rankly did it smell of the Whore ? How seasonable had it been , in his Letter to the Queen Regent of Scotland , written , Anno 1556 , and published by himself , with additions , Anno 1558 ? He talked very freely about the Popish Bishops in it ; but never a Tittle of the Vnlawfulness of the Office. It is plain from that Letter he never dream'd of the Doughty Argument , so much insisted on , since , against Prelacy , viz. That it is a Branch of Popery , and Bishops are Limbs of Antichrist . For having stated it as one of the Popish Arguments , (n) That their Religion was ancient , and it was not possible , that that Religion could be false , which , so long time , so many Councils , and so great a Multitude of Men had authorized and confirmed ; He gives his answer thus : If Antiquity of time shall be considered in such Cases , Then shall not only the Idolatry of the Gentiles , but also the False Religion of Mahomet be preferred to the Papistry ; For both the one , and the other , is more ancient than is the Papistical Religion ; Yea Mahomet had Established his Alcoran before any Pope of Rome was crowned with a Triple Crown , &c. Can any man think , Iohn Knox was so very unlearned as to imagine , that Episcopacy was not much older than Mahomet ? or knowing it to be older , that yet he could have been so Ridiculous , as to have thought it a Relict of Popery , which he himself affirmed to be younger than Mahometism ? whoso pleases may see more of his sentiment about the Novelty of Popery in his conference with Queen Mary , recorded in his History (o) . One other Testimony to this purpose I cannot forbear to transcribe ; All that know any thing of the History of our Reformation , must be presum'd to know , That Superintendency was Erected by Mr. Knox's his special advice and counsel . That it was in its very height , Anno 1566 , is as indubitable : Now , we are told that Knox wrote the 4 th Book of his History , that year . Hear him , therefore , in his Introduction to it . (p) We can speak the Truth , whomsoever we offend ; There is no Realm that hath the Sacraments in like Purity : For all others , how sincere that ever the Doctrine be , that by some is taught , Retain in their Churches , and in the Ministers thereof , some Footsteps of Antichrist and Dregs of Popery . But we ( all Praise to God alone ) have Nothing within our Churches that ever flowed from that Man of Sin. Let any man judge , now if Mr. Knox lookt upon imparity as a Dreg of Popery . Thus we have found Knox , when he had the fairest occasions , the strongest temptations , the most awakening calls , when it was most seasonable for him , to have declared for the Divine Right of Parity , and the Vnlawfulness of Prelacy , still silent in the matter ; or rather , on all occasions , proceeding on suppositions , and reasoning from principles fairly allowing the Lawfulness of Prelacy . But is there no more to be said ? Yes . More with a witness . In his Exhortation to England for the speedy Embracing of Christs Gospel , dated from Geneva , Ianuary 12 , Ann. 1559. Amongst many other Reformations , He is for Reforming their Bishopricks indeed : But how ? By abolishing them ? Nothing like it : How then ? Take it in his own words , (q) Let no man be charged in preaching of Christ Iesus above that a man may do : I mean , That your Bishopricks be so Divided , that of every one ( as they are n●w for the most part ) may be made ten : And so in every City and Great Town there may be placed , a Godly Learned Man , with so many joined with him , for preaching and instruction , as shall be thought sufficient for the Bounds committed to their Charge . So he : And let our Parity-men , if they can , give this Testimony a Gloss favourable to their side of the Question , without destroying the text : The Truth is , this Testimony is so very nicking , that I am apt to apprehend , it might have been for its sake , That this whole Tractate was left out of the Folio-Edition of Knox's Works , printed at London , Anno 1641. However , the Inquisition , it seems , has not been so strict at Edenburgh ; for , there it escap'd the Index Expurgatorius . And yet tho it had not , the Good Cause had not been one whit the Securer . For Knox's practice would have sufficiently determined the matter : For , Did not he compile the First Book of Discipline ? (r) And is not Imparity fairly Established there ? Did not he write and bear the Letter sent by the Superintendents , Ministers and Commissioners of the Church within the Realm of Scotland , to their Brethren , the Bishops and Pastors in England , Anno 1566 ? Did not he , in that same Title of that same Letter acknowledge , that these Brethren , Bishops and Pastors of England had renounced the Roman Antichrist , and professed the Lord Iesus in sincerity ? And doth not the Letter all alongst allow of the Episcopal Power and Authority of these English Bishops ? Did not he publickly and solemnly admit Mr. Iohn Spotswood to the Superintendency of Lothian , Anno 1561 ? (t) Did not he Concur , at the Coronation of King Iames the Sixth , with a Bishop and two Superintendents , Anno 1567 ? (w) Was not he , some time , a Commissioner for Visitation , as they were then called , i. e. a Temporary Bishop ? And did not he , then , Act in a Degree of Superiority above the Rest of his Brethren , within the bounds of his Commission ? Did not he sit , and vote , and concur in many General Assemblies , where Acts were made for performing Canonical Obedience to Superintendents ? In fine , doth not Spotswood tell us (v) That he was far from the Dotages , wherein some , that would have been thought his followers , did afterwards fall ? That never man was more obedient to Church Authority than be ? That he was always urging the Obedience of Ministers to their Superintendents ; for which he caused diverse Acts to be made in the Assemblies of the Church ? And , That he shewed himself severe to the Transgressors ? I have insisted the longer on this instance of Knox , because he made a Singular Figure amongst our Reformers . Besides , having so fully evinced that he ( whom our Brethren value so much ) was no Divine-Right-of-Parity-Man ; I think it may readily pass for credible , that neither were any of the rest of our Reformers of that opinion . And now , to bring home all this to my main purpose , if not so much as one of our Reformers , no not Knox himself , was for the Divine Right of Parity , I think it may amount to an undeniable evidence , at least , to a strong Presumption , That they were not of the present Presbyterian Principles , and all this will appear still farther unquestionable , when it is considered in the IV. place , How much reason there is to believe , That our Reformers proceeded generally on the same principles with the Reformers of England ; where the Government of the Church , by imparity , was continued , without the least opposition . This is a Consideration , which , I am afraid , may not relish well with the Inclinations of my Presbyterian Brethren ; yet , withal , may be of considerable weight with unprejudiced people ; and bring light to several things about our Reformation , which , even those who have read our Histories and Monuments , may have passed over , inadvertently ; And therefore I shall take leave to insist upon it somewhat fully : And I shall proceed by these steps . 1. I shall endeavour to represent how , our Reformation , under God , was principally Cherished and Encouraged by English influences . 2. I shall endeavour to represent how , in Correspondence to these Influences , our Reformers were generally of the same mind , with the Church of England , in several momentous instances relating to Constitution and Communion , the Government and Polity of the Church , wherein our present Presbyterian Principles stand in direct opposition and contradiction to her . If I can make these two things appear , I think , I shall make a Considerable Advance towards the Determination of the Second Enquiry . 1. I say , our Reformation , under God , was Cherished and Encouraged , principally , by English influences . That Scotland , barring foreign influences , is Naturally dispos'd for receiving English impressions , cannot but be obvious to common sense . We not only live in the same Island , separated from all other Neighbourhood ; we not only breath the same air , and speak the same language , and observe the same customs , and have all the opportunities of Reciprocating all the Offices , which can result from daily Commerces , and familiar acquaintances , and easy Correspondences , and Matrimonial Conjunctions , and innumerable other such Endearing Relations , and Allectives to Mutual Kindness ; but also , Scotland is the lesser , England the larger ; Scotland the more barren , England the more fertile ; Scotland the poorer , England the richer ; Scotland the more penurious of people , England the more populous ; Scotland every way the weaker , England every way the stronger Kingdom ; and , by consequence , Scotland every way the more apt to receive , and England every way the more apt to give impressions . And Nature , in this , is fully justified by Experience : For what Scottish man knows not , that , when the late Revolution was a carrying on , as England cast the Copy to Scotland , so it was used and prest , as one of the most popular and influential Topicks to perswade the Scots to follow the Copy , That England had done it ; and why should Scotland follow a separate Course ? Was not England a powerful and a wise Nation ? what Defence could Scotland make for it self , if England should invade it ? And how was it to be imagined , that England would not invade Scotland , if Scotland did not follow England's Measures ? So that , to stand by K. I. when England had rejected him , what was it else , than to expose the Nation to unavoidable Ruine ? Who knows not , I say , that this was one of the most prest , because one of the most plausible Arguments , in the beginning of the late Revolution ? And who sees not that the Force of the Argument lay in Scotland's obnoxiousness to England's impressions ? Let no true hearted Scottish man imagine , 'T is in my thought , to dishonour my Native Country : I have said no more than all the world knows to be true , and what cannot be denied . If we could contend with them for Virtue , and Integrity ; for Honour and Gallantry ; for Civility and Loyalty ; for Glories that are truely manly ; 'T were for the Credit of our Nation ; And it were our own fault if we were inferiour to them , in such Competitions : But 't is Arrant Vanity to contend with them for Wealth , or Strength , or Multitude . Now , to bring this home to my purpose . God had so ordered , in his wife Providence , that , for many Ages before , Scotland had not been so free of foreign influence , as a little before , and all the time , our Church was a reforming : The French were the only foreign Influences which were wont to find Entertainment in Scotland : And , in those times , the French had treated us very basely and dishonourably . I shall deduce the matter with all convenient brevity . King Henry the Eighth of England had resolved upon a War with France , Anno 1512. The French King perceiving this , applyed to Iames the Fourth of Scotland , his old Confederate , to engage him in ane Alliance against Henry . His Application was successful : a private League was made betwixt them in November that year . (a) Two of the Articles were , That if England should invade Scotland , France should wage War with all its might , against England ; Scotland should do the like , if England invaded France . And neither of the two should take Truce with England , without the other gave his Consent , and were comprehended therein , if he pleased . In pursuance of this League , Iames raised a potent Army , invaded England , incurred the Popes Displeasure , to the very Sentence of Excommunication , (b) fought the fatal Battle of Flowdon , Sept. 9. 1513 , (c) Lost his Life , and the Flower of all the Scottish Nobility and Gentry , and left behind him , Iames the Fifth , ane Infant , exposed , with his whole State , to the not very tender Mercies of King Henry . Here was serving the French interests with a witness . Well! How did Lewis requite this ? The next year , he patcht up a Peace with Henry , without comprehending Scotland , without Respect to his Faith and Promise , without Pity to those who were reduced to such Extremities on his account : If this was not , what can be called , Disobliging ? But this was not all . The Scots , reduced to these difficulties , and sensible , that it was not possible for the Nation to subsist , under ane infant King , without a Regent , became humble Suppliants to the French King , that he would send them Iohn Duke of Albany , then in the French Service ; a Man of great Abilities , and next by Blood to the Scottish Crown , that he might be their Governour , during their Kings Minority ; But Henry's Threats , for a long time , prevailed more with the French King (d) than Scotlands Necessities , or his Obligations to it ; For Albany came not to Scotland , till May 1515. (e) so that , for near two years , thro the French Coldness and Indifferency towards Scottish affairs , the Kingdom had no setled Government . The War brake out again betwixt France and England , Anno ..... and a new Peace was concluded Anno 1518. And Albany our Scottish Regent was present , in person , when it was concluded ; but the English Obstinacy , not to comprehend Scotland , was more effectual with Francis the First ( who had then got upon the Throne ) than all the Intercessions of Albany , or the Merits of our Nation . (f) Nay , if we may believe Herbert , It was one of the main Articles of that Treaty , that Albany should not return to Scotland ; (g) Nor did he return , till Octob. 1521. (h) And returning then , Henry reckoned it a Main Breach of Treaty , nay and plain Perjury in Francis , that he gave way to it . (i) Thus were we treated , then , by France . Let us now consider , if Henry was at any pains , all this while , to make ane Interest in Scotland . And if we may believe the unanimous voice of our own Historians , or my Lord Herbert in the History of his Life , (k) never was man more earnest for any thing , than he , in that pursuit , and he had brave occasions for it : For not only were the Scots highly ( and justly ) irritated by the degenerous and undervaluing slights France had put upon them , ( as I have just now made appear ) But Henry had surprized them with ane Unexpected and Unaccustomed Generosity , after the Battel of Flowdon . He had not pursued his Victory , but had listned gently to their Addresses for Peace ; and told them that tho he might , yet he would not , take advantage of their circumstances : He would treat them frankly ; if they were for Peace , so was he , if for War , they should have it . A Response so full of true Honour and Gallantry , as could not but work on their affections . Besides , His Sister Margaret , the Queen of Scots , a Lady of rare Endowments , was all alongst working to his hand , and making a Party for him . Iames the 4 th by his Testament , before he went to Flowdon , had nominated her , Governess of the Realm , during her Widowhood . This gave her once the principal hand in affairs . 'T is true , she was young and lively , and married within a year after the King's Death , and so lost her Title to the Regency . But then she married the Earl of Angus , the choice of all the Scottish Nobility , and one who was in great Repute with all Ranks of People , (l) so that , however her Marriage annulled her Title , it did not so much weaken her Interest , but that she had still a great Party in the Nation ; So great , That tho Albany was advanced to the Regency , she was for the most part able to over-ballance him in point of power and following . In short Such was Henry's and his Sisters influence , That all the time Albany was Regent , the Nation was divided into two Factions ; The one French , headed by Albany ; the other English headed by the Queen Dowager ; and hers was generally the more prevalent ; so much , that tho Albany was perhaps one of the bravest Gentlemen that ever was honoured with the Scottish Regency , he was never able to prosecute , to purpose , any project , he undertook , for the French Service . Thus , Anno 1522. He raised ane Army to invade England ; But with what success ? Why ? The Scottish Nobility waited upon him to the Border indeed , but they would go no further . They told him plainly , they would hazard lives and fortunes in defence of their Country ; but it was another thing to invade England . (m) And Lesly plainly attributes all this Refractoriness in these Nobles to the Queens influence . Nay , 't is evident from the same Lesly , that the Baseness and Ingratitude of the French in the forementioned Treaties , was one of the principal Arguments that moved them to such Backwardness : And Albany was sensible of it , and therefore went to France , and told the French King so much , and asked a swinging Army of Frenchmen , five thousand Horse , and ten thousand Foot : with such a force , he promised to Act something against England ; but from the Scots , by themselves , nothing was to be expected . And this his absence was a new opportunity to Henry to play his Game in Scotland . Indeed he neglected it not ; he used all arts imaginable , further , to advance his own , and weaken the French interest ; he harassed the Borders , without intermission , that , in the Miseries and Desolations of War , the Scots might see the Beauties and Felicities of Peace , on the one hand ; resolving , as it were , to Cudgel them into ane Accord , if no other thing could do it : And on the other hand , he had his Emissaries and Instruments busie at work , in the Heart of the Kingdom , and about the Helm of Affairs , imploying all their Skill and Interest , all their Wit and Rhetorick , all their Eloquence and Diligence , to perswade the Nation to a perpetual Amity with England , the Queen being the Chief Actrix . Neither did this seem sufficient ; He sent Ambassadors , and wrote Letters , and represented things in their fairest Colours , and made most charming Overtures , &c. If they would break the League with France , and enter into one with England , the world should see , and they should find by Experience , that it was not Humour , or Ambition , or Love of Greatness , that had moved him to treat them so , but Love of Concord , and Concern for the Prosperity and Happiness of the Nation ; That he had but one only Child , a Daughter , Mary ; Her he would give to Iames in Marriage ; hereby the English would become subject to the Scottish , not the Scottish to the English Government ; and a great deal more to this purpose . Whoso pleases may see this whole matter transcribed by Herbert (n) from Buchanan . I go on . The French King was not at leisure , it seems , to afford Albany such assistances as he required ; so he was obliged to return without them . And returning , found the French interest still weaker and weaker , and the English stronger and stronger , as appears from his Success . For , Having return'd to Scotland in September 1523 , (o) He instantly gave out his Orders , That the whole force of the Kingdom should meet in Douglas-dale , against the middle of October . He found Obedience so far , indeed , that they met ; but when he had marched them to Tweed , and they found , he design'd to invade England , they would not move one foot further , but sounded , aloud , their old Carol. They knew by experience what was to be gain'd by invading England : It was enough for for them that they were willing to defend their own Country , &c. (p) Here they stood , I mean , as to their Resolutions , not , their Ground ; for they left that , and instantly return'd within their own Borders ; so hastily , and with such strong inclinations , it seems , to be at home , That , with great difficulty , he got them kept together , some days , till he should fall on some pretext , which might give a fair colour to his Retreat , and cover it from appearing , downright , dishonourable . 'T is true his luck was so good that he found it : But how ? By the Art and Interest of the English Faction . q Thus , Queen Margaret , to wait her opportunities , had come to the Border , and lodged not far from the Scottish Camp. The Earl of Surry commanded the English Army , with whom she kept secret Correspondence ; and it was concerted betwixt them , it seems , that the English should by all means avoid Fighting , and she should be imployed as a Mediatress to bring matters to some honest accommodation . The Plot succeeded ; a Truce was readily patcht up , to the satisfaction , no doubt , of both Parties . Albany had reason to be glad of it , for , he could make no better of the Bargain ; and 't was with much difficulty he brought his Expedition to so honourable ane issue . And 't is plain , the English Faction had reason to be as glad , for they had gained two points : They had got Albany to understand the temper of the Nation , and the weakness of the French interest : And they had treated the Scots , who were so averse from Fighting , so discreetly , by shunning all occasions of Engaging , and thereby shewing that they were no Enemies to the Scots , unless it was on the French account , that they could not have fallen on a more successful politick for Gaining King Henry's great purpose , which was , To disengage the Scots of the French , as much as he could : And the Success was agreeable . For , After that , Albany's Authority , and the French interests , decayed so sensibly , and the English Faction manag'd their designs , so successfully , that , within a few months , Albany was turn'd out of his Regency ; and the young King ( then but twelve years of age ) was perswaded to take in his own hands , the Government . It was the English Faction , I say , that wrought this Revolution , as is evident from the whole thred of the History : And Lesly (r) tells us plainly , that Albany was sensible of it , and was perswaded , it was in vain to endeavour any more , to gain them to the French side , and therefore he took his leave and departed the Country . This was in the year 1524. The King , so young , all know , was not able to manage the Government by himself ; but stood in need of Counsellors ; They were English who had got him thus Early to assume the Government in his own person : 'T is obvious to collect , therefore , they were English enough , who were his Counsellors . And such they were indeed , For , as Lesly has it , a Parliament was indicted to meet in February thereafter , wherein , a Council was nominated for assisting the King in the Administration of the Government , but so as that the Queen was to have the Soveraignty , so far as nothing was to be done without her special approbation and allowance . Albany , the great Opposer of his interests in Scotland , thus dispatched , King Henry's whole Soul was divided betwixt Gladness and Kindness : He was Glad , almost to excess , that he had got rid of such ane eye-sore . (s) He was kind to the highest degree , to his Sister , and Nephew , and the Scottish Nobility : He dispatched two Ambassadors , with all Expedition , for Scotland , by whom he offered to establish a Lasting Peace ; and in the interim , agreed to a Truce for a year , till a fond for a solid settlement might be maturely considered . (t) On the other hand Our Queen ( without doubt , with her Brothers fore-knowledg and allowance ) having now the Reins in her hands , sends three Ambassadors to England ; The Earl of Cassils , the Bishop of Dunkeld , and the Abbot of Cambuskeneth , to propose to Henry , in the name of the Scottish Nation , that there might be a firm and perpetual Amity establisht betwixt the two Crowns ; and , to this great End , that a Match might be agreed to , betwixt Iames and Mary . Henry entertain'd the proposition with all imaginable shews of Satisfaction , but demanded two things , That the Scots might break the League with France , and make one of that same Nature with England ; And , That James might be educated in England , till ripe for Marriage . But the Scottish Ambassadors were not Plenipotentiaries enough for adjusting these Matters : Cassils therefore comes home ; a New Meeting of the States is called ; and Cassils is return'd to England , with Commission to tell Henry , That the Scottish Lords are content to Relinquish the French , on Condition the Match with the Princess Mary were secured . (u) 'T is true , nothing followed upon this Treaty but a Truce for three years ; for what reason I know not . But from the Deduction I have briefly made , it may sufficiently appear how weak the French , and how strong the English interest was then in Scotland ; so very strong , as , clearly , to overcome , and , almost , quite extirpate the other . Well! did Francis nothing to recover the Scottish amity ? Alas ! at that time , he had greater matters to imploy his thoughts . He lost his Liberty at the Battel of Pavia , Anno 1525 , and became the King of Spain's Prisoner ; and was not Restored to his Freedom , till Henry interposed with a powerful Mediation : For which , He entered into another League with Henry 1527 , without minding the Scots , or being concern'd for their security . This was a third slight put upon the Scots by the French , in their Treaties with England . 'T is true indeed , Francis did not enter into this League with Henry , over-awed by his Threats , but constrain'd by his Kindness and Good Offices , in his Liberation from his Spanish Captivity : But it was all one to the Se●ts , for what reason it was , if they were Deserted . 'T is true indeed , When Iames came to full age , he had strong inclinations for renewing the Old Amity with France ; and no wonder , considering how much he was manag'd by the Clergy , who abhorred Henry , for shaking off the Popes Authority ; and thought themselves concern'd , with all their Might , to guard against Henry's contagious influences , as they deem'd them . But however the King and Clergy were inclined , 't is evident , the Body of the Nation continued constant in their so frequently provoked Coldness to the French interests ; and in their good Affection towards England , so much , that they would never thereafter , ( at least all the time our Reformation was a carrying on ) follow either King or Regent to invade England . Thus , When Iames the Fifth , Anno 1542. was very earnest for it , the Nobility generally declined it ; and he was forced to dismiss them : And when , shortly after that , his Earnestness that way , it seems , increasing , he ordered ane Army to meet at Carlaverock , intending therewith to enter England ; so soon as Oliver Sinclare was declared Chief Commander , and the Kings intentions were made known , all threw away their Arms , and suffered themselves to be taken prisoners . (v) And When the Earl of Arran Regent , Anno ..... went with a goodly Army to besiege the Church of Coldingham , which the English , for the time had fortified , he was forced to run for it , abruptly ; fearing ( as Buchanan says (w) his friends pretended ) lest his Army should betray him into the hands of the English. And Anno 1557 , when the Queen Regent ( Mary of Lorrain ) was most earnest to have had England invaded , thereby to have made a Diversion , and eased France of the English Force , which was assisting Philip the Second of Spain against Henry the Second of France , the Nobility could by no means be gain'd to do it , as all our Historians tell us . I could have insisted on this Deduction far more largely , but I think , what I have said , may be sufficient for my purpose , which was to shew how much Scotland was disengaged of Foreign Influences , and by consequence , how much it was disposed to receive English impressions from the very Dawning of our Reformation , till its Legal Establishment 1560. Let us next try , if according to these Dispositions , the English influences were Communicated ; and made suitable impressions . And , I think , in the 1st place , No man can reasonably doubt but that 't is fairly credible , they did : For no man can deny that the Reformation made a considerable figure in England , more early , than it did in Scotland : When Light was thus arising in the Isle , it was natural for it to overspread both Nations : And it was as Natural , that the more and sooner Enlightned Nation should be the fountain of Communication ; that is , in plain terms , that Scotland should derive it , under God , from England ; Especially considering , how , at that time , they were mutually disposed towards one another . Indeed 2. 'T is certain , Books deserve to be reckoned amongst the prime Vehicles of such Light as we are now considering ; and 't is as certain , That the first Books which enlightned Scotland were brought from England . Tindal translated the New Testament into English , Anno 1531. And Copies of it were dispersed here in considerable plenty ; and other useful Books were then written also in the Vulgar Language , which was common to both Nations ; which coming from England , had great success in Scotland , as is evident even from Knox's History : (a) But this is not all . The truth of all this will appear more fully , if , 3. We consider , That King Henry had no sooner begun his Reformation ( such as it was ) in England , than , he Endeavoured to transmit it into Scotland . He shook off the Popes Supremacy , Anno 1534. And he sent the Bishop of St. Davids to his Nephew Iames of Scotland , Anno 1535. (b) with Books written in English , containing the substance of Christian Religion ; Earnestly desiring him to read them , and joyn with him in carrying on the Reformation . And Herbert says , (c) Henry was vastly sollicitous , To draw James on his side , as knowing of what Consequence it was to keep his Kingdom safe on that part ; And therefore Laboured still to induce him to abrogate the Papal Iurisdiction in his Dominions : And tho this Embassy of St. Davids had not success , yet Henry gave not over ; but continued to write Letters to Iames , insisting still upon the same Requests . Petrie has transcribed one from Fox (d) wherein Henry Premonishes , requires , and most heartily prays , Iames to consider the Supremacy granted by the Holy Scriptures , to Princes , in Church matters : To weigh what Gods word calleth a Church : To consider what Superstitions , Idolatries , and blind abuses , have crept into all Realms , to the high Displeasure of God ; and what is to be understood by the Censures of the Church , and Excommunication , ( for the Pope had then Excommunicated Henry ) and how no such Censure can be in the power of the Bishop of Rome , or of any other man , against him , or any other Prince , having so iust ground to avoid from the Root , and to abolish , such ane execrable Authority , as the Bishop of Rome hath usurped , and usurps upon all Princes , to their Great Damage : Requesting him for these Reasons , to ponder , of what hazard it might be , to Iames himself , if he agreed to such Censures , and , by such example , gave upper-hand , over himself , and other Princes , to that Vsurper of Rome , to scourge all who will not Kiss and Adore the foot of that Corrupt Holiness , which desires nothing but Pride , and the universal Thrall of Christendom , &c. Here was Earnestness , for Reformation in Scotland , with a witness . And can it be imagined that Henry , who was so serious with the King of Scots , was at no pains at all with his Subjects ? with the Nobility and Gentry , with such as might had influence , either at the Court , or in the Country ? No , certainly , as may be evident , if we consider 4. That , when , in the year 1540 or 1541 , Henry was earnest for a Congress with Iames , to try , no doubt , if meeting face to face , and personal and familiar Converse and Conference might prevail with him ; All our Scottish Protestants were mighty zealous that the Interview might take effect , and both time and place ( which was York ) might be punctually observed . Is not this a Demonstration , that they understood Henry's project , and approved his designs ? and that they were in the same Bottom with him , in pursuance of a Reformation ? 'T is true Iames followed other Counsels , and disappointed the Interview ; and therefore Henry turn'd angry , and raised War against him : But then , 't is as true , that Iames found his Subjects so backward ( as I shewed ) and was so unsuccessful in the management of that War , that he contracted Melancholy , and soon after died . Add to this 5. That after Iames's Death , Henry persisted , in his Concern to advance the Reformation in Scotland , as well as in England . To this end , He was careful , that those of the Scottish Nobility and Gentry who were taken Prisoners at Solway-moss , might be lodged with such persons as could instruct them in the Reforming Principles . And so soon as he heard that Iames was dead , and had left a Daughter , some few days old , yet Heiress of the Crown , He dispatched them for Scotland , to promote his interests , in the Matter of the Match , he was zealous to have made , betwixt his Son Prince Edward , and our Infant Soveraign . Indeed they were as diligent as he could have desired : They got it carried in Parliament ; and that they did it from a prospect of carrying on the Reformation of Religion , by that conjunction , cannot be doubted , if we may believe Dr. Burnet , in his Abridgment of the History of the Reformation of the Church of England : For there (e) he not only tells , That Cassils had got these seeds of Knowledge at Lambeth , under Cranmer ' s influences , which produced afterwards a Great Harvest in Scotland . But also , That the other Prisoners were instructed to such a degree , that they came to have very different thoughts of the Changes that had been made in England , from what the Scottish Clergy had possessed them with ; who had encouraged their King to engage in the War , by the assurance of Victory , since he fought against ane Heretical Prince , &c. And a little after , They were sent home , and went away much pleased both with the Splendor of the Kings Court , and with the way of Religion which they had seen in England . And that we have reason to believe this Author in this matter , is evident , because he is justified , herein , by all our Historians , especially Buchanan , as my appear by the sequel . Here was Success of the English influences : Seven of the Supreme Order , i. e. Noblemen , and 24 of inferior Quality , considerable Gentlemen , all enlightned in England , for so Buchanan numbers them . (f) And here , by the way , it will not be amiss to consider the strength of the Protestant Party in Scotland , when in this Parliament , wherein the Match , by the influence of the English Converts , was agreed to , They were so strong , that they carried the Regency for the Earl of Arran , prompted thereto , chiefly by the perswasion they had of his affection to the Reformation , as is evident from the consentient Accounts of Buchanan , Knox , and Spotswood . (g) They carried it for the Match with England in opposition to all the Popish Party , as I have just now represented . Nay , which is more , because more immediately concerning the Reformation of Religion , they procured ane Act to be made , That it should be Lawful to every Man , to take the Benefit of the Translation , which they then had of the Bible , and other Treatises containing wholsome Doctrine , &c. (h) Indeed , at that time , the Reformation was so far advanced , That the Regent kept his two Protestant Chaplains , Guillam and Rough , both Church of England men , as we shall hear , who preached publickly to the Court (i) and declaim'd boldly against the Roman Corruptions . So far advanced , that it stood fair , within a short space , to have got the publick establishment , if Arran , the Regent , to keep the Popes Cover on his Title to the Succession , wherein , without it , there were a Couple of sad Chasms , and for other worldly ends , had not play'd the Iade , by renouncing his Profession , and returning to the Popes Obedience . Observe further , by the way , That this first Parliament of Queen Mary's , was holden , in her name , and by her Authority , upon the 13th of March 1542 / 3 , as is clear , not only from our Historians , but , the printed Acts of Parliament ; and she was not crowned till the 20th of August thereafter , if we may believe both Lesly and Buchanan ▪ (k) And yet there was not so much as the least objection made , then , against the Legality of the Parliament ; no such thing was thought on : So that 't is no new , nor illegal thing , for Scottish Monarchs to hold Parliaments before their Coronations . But this , as I said , by the way . Such was the strength of the Reforming Party , then , and this strength , under God , advanced so far , principally , by English influences . And all this will appear more convincing still , when it is considered in the 6th place , That all alongst the Popish Clergy were very sensible of it , and very much offended with it , and were at all imaginable pains to disappoint it , and oppose it . Thus , When Henry sent the Bishop of St. Davids ( as we have heard ) Anno 1535. to treat with Iames about Reforming , the Clergy were in a dreadful pother , how to keep off the Interview ; and used all imaginable Arguments with the King , to disswade him from listening to it ; Telling him , it would ruine Religion , and that would ruine his Soul , his State , his Kingdom , &c. Nay The Pope himself was extreamly solicitous , how to prevent so great a mischief , as he deem'd it ; For , as Lesly tells us (l) His Holiness finding that Henry had cast off his Yoke , and fearing lest Iames should transcribe his Uncles Copy , sent his Legates to Scotland to confirm him in the Faith , and fortify him against Henry's impressions . And Buchanan (m) says , He allowed him the Tenths of all the Benefices within the Kingdom , for three years time , to keep him right . Again , When Henry , Anno 1540. insisted the second time for ane Interview , the Clergy were in a whole Sea of troubles ; They used all arts , and tried all Methods to impede it . At last they sell upon the true Knack , ( and a true Demonstration of their Concern , seeing , it was a Knack that lookt so unkindly on their Pockets ) which was , to promise him Money , largely , no less than 30000 Crowns yearly , says Buchanan ; Knox calls them 50000 , out of their Benefices , besides a vast sum which might arise out of the confiscated Estates of Hereticks . 50000 Crowns was a good round summ in those days in Scotland . Further , How were they alarm'd ? what fears were they under ? what shapes did they turn themselves in ? what tricks did they play , when the Match betwixt Edward and Mary ( spoken of before ) was in Agitation ? The Cardinal forged a Will in the Kings Name , nominating himself , the principal , of four Conjunct Regents , for managing the Government during the Queen's Minority : intending , thereby , to secure the Popish interests , and prevent the coming of the Nobility from England , who , he knew , would lay out themselves with all their Might to oppose him , being his Enemies upon the account of Religion , and advance the Designs of England . This not succeeding , ( for the forgery was manifest ) His next Care was , that all the Popish Party should tumultuate , bawl and clamour , confound and disturb , the Parliament , all they could ; which , indeed , was done so successfully , that nothing could be done to purpose , till he was committed to Custody : (n) Neither did this put an end to these practices of the Party , but so soon as the Parliament ( having concluded the Match ) was over , and he set at Liberty , with the Queen Dowagers advice ( who was all over French and Papist ) He convenes the Clergy , represents to them the impossibility of their standing , the certain Ruine of the Catholick Religion , every thing that could be frightful to them , unless that Confederacy with England were broken ; obliges them therefore to tax themselves , and raise great Sums of Money , for Bribing some of the Nobility , that were not proof against its Charms and Beauties ; And to use all their Rhetorick with others , to the same purpose : And lastly , it was concluded in that Religious Meeting , That the Match and Alliance should be preacht against from the Pulpits ; and that all possible pains should be taken to excite the Populace to Tumults and Rabbles , and treat the English Ambassador , with all affronting Tricks and Rudenesses . (o) In short , the Faction never gave over till they had cajol'd the weak Regent into ane Abjuration of Protestancy ( as was told before ) and reconciled him to the French , which , then , in Scotland , was all one with the Popish Interest . Nay His Holiness himself again interrested himself in this juncture , as Lesly tells us ; (p) sending Petrus Franciscus Contarenus , Patriarch of Venice , his Legate , into Scotland , to treat with the Regent and the Nobility , in the Popes Name , and promise them large assistances against the English ▪ if they would break the Contract of Marriage betwixt Edward and Mary ; which had so fatal ane aspect towards the Catholick Religion . By this Taste , 't is easy to discern how much the Popish Party were perswaded , of the great influence , England had on Scotland in order to a Reformation of Religion : And laying all together that hath been said , 't is as easy to perceive , they wanted not reason for such a perswasion . Having thus given a brief Deduction of the State of our Reformation in King Henry's time , and made it apparent , that it was much encouraged and quickened by English Influences , then , I think , I need not insist much on the succeeding Reigns . Briefly then 7. As Edward the Sixth had the same reasons for interesting himself in our Scottish affairs , which his Father Henry had before him , so we find his Counsels were suited accordingly . No sooner was Henry dead , and Somerset warm'd in his Protectoral Chair , than the Demands about the Match were renewed . And being rejected by the Popish Party , here , who had our weak Regent at their Beck , and were then the governing Party , the Matter ended in a Bloody War. Somerset raised a great Army , and entered Scotland : But before it came to fighting , he sent a Letter to the Scots (q) written in such ane obliging stile , and containing so kind , and so fair , so equitable propositions , That the Regent , advis'd by some Papists about him , thought fit not to publish it to his Army , but to give out , that it tended to quite contrary purposes than it really contained , That it contain'd Threats that the English were come to carry off the Queen by force , and Ruine and Enslave the Nation , &c. Dreading , no doubt , that if he had dealt candidly , and shewed the Letter to such men of interest in the Nation , as were there , it would have taken so with them , that they would have laid aside thoughts of Fighting . Indeed ! this was no groundless jealousie , the matter was above-board : For , as Buchanan tells us , In the next Convention of Estates which was holden shortly after that fatal Battel of Pinkie , those who were for the Reformation , being of the same Religion with England , were zealous for the English Alliance , and against sending the Queen into France ; and that they were the Papists only who were for sending her thither . 8. When Edward died , and his Sister Mary ascended the Throne , a heavy Cloud indeed did hang over both Nations , and threatned a dreadful storm to the Reformation of Religion . Mary , according to her surly humour , fell to downright Persecution in England : And our Q. Dowager having shouldered out Arran , and possest herself of the Scottish Regency , in her subtle way , was as zealous to maintain the Superstitions of Popery , using less Cruelty , indeed , than Mary , but more policy , and to the same purposes . And now the purgation of Christianity , seem'd to be brought to a lamentable stand , in both Kingdoms , and the hopes of those to be quite dasht , who were breathing for the profession of that Holy Religion in its purity . Yet God , in his kind providence , did otherwise dispose of things , and made that a means to advance Religion amongst us , which , men thought , should have utterly extinguisht it : For some of those who fled from Mary's persecution in England , taking their Refuge into this Kingdom , did not only help to keep the light which had begun to shine , but made the Sun to break up more clear than before , as Spotswood hath it from Knox. (r) For then came into Scotland , William Harlaw , Iohn Willock , Iohn Knox , &c. of whom more hereafter . Thus we were still deriving more light and heat from England . 9. Mary died , and Elizabeth succeeded , in November 1588. our Queen was then in France : It was morally impossible to recover her thence : The English influences , which in Henry and Edwards time , had cherished our Reformation , ( except so far as God sent us Harlaw , Willock and Knox , by his special providence , as I told just now ) were quite cut off all the time of Mary's Government . Our Reformers , therefore , to make the best of a bad hand , were earnest to be amongst the foremost Courtiers with the Queen Regent : They were ready to serve her design with all possible frankness : particularly , they were amongst the most forward for carrying on the Match with the Dauphine of France , and voted chearfully that he should have the Matrimonial Crown conferred upon him , after the solemnization of the Marriage . In consequence of this their frankness , the Earl of Argyle and the Prior of St. Andrews , two first-rate Protestants , were the persons nominated to pass into France , to honour the Dauphine with that complement : And they undertook it cordially . But , in the very instant , almost , they were informed that Mary of England was dead , and Elizabeth on the Throne , and withal professing Protestancy . This altered their whole Scheme : They presently considered , The English Influences , so long stopt in their Courses , might now begin to Drop again : And there were hopes of Assistance from that Female Soveraign : So , these two Lords ( no doubt , with the advice of the rest of the fraternity ) gave over thoughts of their French Voyage : The Dauphine might purchase a Crown for himself , or wait till his Father dyed , if he could not do better : They resolved to carry him no Matrimonial Crowns from Scotland . Indeed their hopes of Assistance from England to carry on the Reformation of Religion , were better grounded then than ever . For , Upon the Death of Queen Mary of England , by French advice , our Queen , as Next Heir to that Crown , had assumed the English Titles . 'T is not to be thought Elizabeth lik'd this well ; and resolving to continue Queen of England , she had no reason : For who knows not that her Title was Questionable ? But our Queens Descent was Vncontroverted . What wonder then if Elizabeth thought herself concerned to secure herself as well as she could ? And what more feasible and proper way for her security , than to have the Affections , and by consequence the Power of Scotland on her side ? And what measure so natural for obtaining that , as to cherish the Reformation of Religion in Scotland , and weaken the Popish , and by consequence , the French interests there , and get the Rule of that Kingdom put in the hands of Protestants ? The politick was obviously solid ; all the work was to set it a going : But that difficulty was soon over ; for no sooner did she employ some private instruments , to try the Scottish pulses , than they smelt the matter , and relisht it immediately . The least intimation that she was so inclined , was to them as a spark of fire amongst Gun-powder , it kindled them in a thought : They addrest her , quickly beg'd her protection , and plighted their Faith that they would depend upon her , and stand by her , and to the outmost of their power , secure her interests ; if she would grant them suitable assistances . Thus the bargain was readily agreed to on both sides ; and both perform'd their parts successfully . For who knows not that our Reformation was carried on by Elizabeths Auspices ? by English Arms ▪ and Counsels , and Money in the year 1560 ? And who knows not , that by the Treaty at Leith in Iuly , that same year , after the French were expelled Scotland , when our Reformers , by her help , had got the upper hand , her Crown was secured , as far as the Scottish Protestants could secure it ? Who knows not , I say , that it was one of the Articles of that Treaty , That the Queen of Scotland and King of France , should not , thereafter , usurp the Titles of England and Ireland , and should delete the Arms of England and Ireland out of their Scutchions ? and whole Houshold-stuff ? (s) By this time , I think , it may competently appear , how much our Scottish Reformation , under God , depended on English influences . But I have two things more to add 10. Then , It is considerable that some of our Chief Luminaries , of those , who had a principal hand in preaching and planting the Gospel in Purity among us , had drunk in these principles in England , and brought them , thence , to Scotland with them . Thus the excellent Martyr Mr. George Wishart , ( of whom in part before ) as Spotswood tells us , (t) had spent his time in Cambridge , and return'd to his own Country to promote the Truth in it , Anno 1544. And Mr. Iohn Spotswood , that worthy man who was so long Superintendent of Lothian after our Reformation , was one of Cranmers Disciples , as you may see in the beginning of the Life of Archbishop Spotswood his Son , and also in his History . (u) And Iohn Willock and William Harlaw had both lived in England , before they preacht in Scotland , as I have already accounted ; and perhaps a strict Enquiry might discover some others . 11. and lastly , On the other hand , ( except so far as Iohn Knox was Calvinist , and a Lover of the Forms of Geneva , for which , perhaps , I shall account hereafter ) none of our Historians give so much as one particular instance , of a Scottish Reformer who had his Education in any other foreign Church , except Mr. Patrick Hamilton , who , I think , cannot be proven to have been a Presbyterian ; and tho it could be done , it could amount to no more than the Authority of a very young man , considering he was but 23 years of age when he died . Neither do they mention any Foreigner , who came here to Scotland , to assist us in our Reformation : Lesly , (v) indeed , says , that the Scottish Protestants sent Letters and Messengers to Germany , to call thence Sacramentarian Ministers , as being very dexterous at fostering Sedition , and subverting Religion ; but no other Historian says so ; and he himself says not that ever any such came to Scotland . Thus , I think , I have accounted competently for the first thing proposed , viz. That our Reformation , under God , was principally Cherished and Encouraged by English Influences , I proceed to the 2. Which was , That , in Correspondence to these Influences , our Reformers were generally of the same Mind with the Church of England , in several momentous instances relating to the Constitution and Communion , the Government and Polity of the Church , wherein , our present Presbyterian principles stand in direct opposition and contradiction to her . That our Reformers agreed with those of the Church of England , in the Common Articles of the Christian Faith , in their Creed , was never called in Question . But it is not my present purpose to consider the sentiments of our Reformers in relation to the Church as it is a Sect , but as it is a Society , neither shall I be curious to amuse many particulars ; I shall content my self with two or three of considerable weight and importance . And ▪ 1. Our Reformers , generally , or rather , unanimously , lookt on the Church of England , as a Church so well constituted , that her Communion was a Lawful Communion . For this we have two as good Evidences as the nature of the thing is capable of , viz. The constant and uniform practice of our Reformers joining in the Communion of the Church of England , when they had occasion , as those of the Church of England did , with the Church of Scotland ; and their open profession in their publick deeds that they thought it Lawful . 1. I say it was the constant practice of our Reformers to joyn in the Communion of the Church of England , when they had occasion , as those of the Church of England , did , with the Church of Scotland . Thus , we find all such of our Reformers , as , in times of Persecution , fled into England , still joyning with the Church of England ▪ e. g. Friar Alexander Seaton , (a) when he was forced to flee , in King Iames the 5th's time , went to England , and became the Duke of Suffolk's Chaplain , and died in that service . Alexander Aless was in great favour with King Henry , and called the King's Schollar . (b) He was a Member of the English Convocation , and disputed against Stokesly Bishop of London , and maintain'd there were but two Sacraments , Baptism and the Eucharist , Anno 1536 , or 37 : (c) And he it was that first turn'd the English Liturgy into Latin , for Bucer's use , Anno 1549 , as both Heylin and Burnet , in their Histories of the English Reformation , tell us . (d) Iohn Fife , and one M' Dowdal stayed as long in England as Aless did . (e) And 't is not to be doubted that they were of the same principles . Iohn M' Bee during his abode in England , was liberally entertained by Nicol. Saxton Bishop of Salisbury , who made much account of him , (f) which is no argument , I think , that he was a Presbyterian . Sir Iohn Borthwick was charged with Heresie , Anno 1640 , for maintaining , That the Heresies , commonly called the Heresies of England , and their New Liturgy , was Commendable , and to be embraced of all Christians : And , That the Church of Scotland ought to be govern'd , after the manner of the Church of England , (g) i. e. under the King , and not the Pope , as Supreme Governor . Friar Thomas Guillam , the first publick Preacher of the Reformed Religion , in Scotland , He , by whose Sermons Iohn Knox got ▪ the first lively impressions of the Truth (h) , This Guillam , I say , after Arran , the Regent , Apostatized , withdrew , and went into England , (i) and we hear no more of him ; From which 't is reasonable to conclude , That he kept the Common Course with the other Reformers , there . Iohn Rough was the Regents other Chaplain , while he was Protestant ; He likewise fled to England , tho sometime after Guillam : He preached some years in the Towns of Carlisle , Berwick and Newcastle ; and was afterwards provided to a Benefice by the Archbishop of York , where he lived till the Death of King Edward . When Mary's Persecution turn'd warm , he fled , and lived some time in Freesland . He came to London , about some business , Anno 1557. was apprehended , and brought before Bonner ; Questioned if he had preached any , since he came to England ? Answered he had preached none : But in some places where godly people were Assembled , He had read the Prayers of the Communion Book set forth in the Reign of King Ed. VI. Question'd again , what his Judgment was of that Book ? Answered , He approved it , as agreeing in all points with the word of God ; And so suffered Martyrdom . I think this man was neither for Parity , nor against Liturgies . But to proceed . The excellent Mr. Wishart , as he had spent some time in England ( as was told before ) so , it seems , he returned to Scotland , of English ( I am confident , not of Presbyterian ) Principles : For , he was not only for the Lawfulness of Private Communion , as appeared by his practice ; but Knox (k) gives us fair intimations , that he ministred it by a Set-form . I know King Edward's Liturgy was not then composed : But it is not to be imagined , That the Reformers in England , in Wishart's time administred the Sacrament without a Set-form . The Extemporary Spirit was not , then , in vogue : And why , else , could Sir Iohn Borthwick have been charged with the Great Heresy of Commending the English Liturgy ? However , I shall not be peremptory , because I have not the opportunity of enquiring , at present , what Forms the English Reformers had , then . All I shall say , is , if they had a Liturgy , 't is very probable , Wishart used it ; For , as Knox tells us , when he celebrated the Eucharist , before his Execution , After he had blessed the Bread and Wine , he took the Bread and Brake it , and gave to every one of it , bidding each of them , Remember that Christ had died for them , and feed on it spiritually ; so taking the Cup , he bade them Remember that Christs Blood was shed for them , &c. So Knox , word for word , which account , I think , seems fairly to intimate , that Wishart used a Form , but if he did , what other could it be than such as he had learned in England ? I have accounted already how Iohn Willock and William Harlaw had served in the English Church , before they came to Scotland , (l) I might perhaps make a fuller Collection : But what needs more ? Even Knox himself lived in Communion with the Church of England , all the time he was in that Kingdom : He went not there to keep Conventicles , to erect Altar against Altar , to gather Churches out of the Church of England , to set up separate and schismatical Churches , as some of our present Parity-men have sometimes done : No , he preached in the publick Churches , and , in subordination to the Bishops ; and he preached before King Edward himself , as he himself tell us , in his Admonition to the Professors of the Truth in England ; (m) which , it is very improbable , he would have been allowed to have done , if he had Condemned the Communion of the Church of England , as it was then established : For who knows not , that , in King Edwards time , all Schism and Non-Conformity were sufficiently discouraged ? And , through that whole Admonition , he , still , speaks of himself as One of the Ministers of the Church of England . Nay If it be Reasonable to Collect mens Sentiments from their Reasonings , I am sure , in that same Admonition I have enough for my purpose : For , he reasons upon suppositions , and from Principles , which , clearly , condemned Separation from the Church of England , as then established . For , when he gives his thoughts of that fatal Discord which happened between the two great men ( Somerset , and the Admiral , as I take it ) He discourses thus ; God compelled my tongue ( says he ) openly to declare , That the Devil and his Ministers ( the Papists ) Intended only the Subversion of Gods true Religion , by that Mortal Hatred amongst those who ought to have been , most assuredly , Knit together by Christian Charity — And especially that the wicked and envious Papists ( by that ungodly Breach of Charity ) diligently minded the overthrow of him ( Somerset ) that , to his own Destruction , procured the Death of his innocent friend ( and Brother ) — All this trouble was devised , by the Devil and his instruments , to stop and lett Christ's Disciples and their poor Boat ( i. e. the Church . ) What can be more plain ( I say ) than , that Knox , here , proceeds on suppositions , and reasons from Principles , which condemned Separation from the Church of England , as then established ? Doth he not suppose , that the Church of England , as then established , was Christ's Boat , his Church ? And that the Sons of the Church of England were Christ's Disciples ? Doth he not suppose , that these two Brothers , as Sons of the Church of England , ought to have been assuredly knit together , by Christian Charity ? That the Breach between them was ane ungodly Breach of that Charity , by which , Members of that same Church ought to have been assuredly knit together ? And that it was a contrivance of the wicked and envious Papists , thereby , to Ruine the Church of England ? Doth he not suppose all these as unundoubted Truths , I say . Or rather , doth he not positively or expresly assert them ? And now , if Separation from the Church of England , and condemning her Communion as ane Vnlawful Communion can consist with these principles and suppositions ; or , if he who reasons on these suppositions , and from these principles , can be deem'd , at the same time , to have been for the Vnlawfulness of the Communion of the Church of England , I must confess I know not what it is to collect mens sentiments from their Principles and Reasonings . Whoso pleases may find more of Knox's sentiments to this purpose , in his Exhortation to England for the speedy receiving of Christs Gospel ; Dated from Geneva , Ianuary 12. 1559. For , there , he calls England happy , In that , God by the power of his verity , of late years ( i. e. in King Edward's time ) had broken and destroyed the intolerable yoke of her spiritual Captivity , and brought her forth , as it had been , from the bottom of Hell , and from the Thraldom of Satan ( in which she had been holden blinded by Idolatry and Superstition ) to the fellowship of his Angels , and the possession of that rich Inheritance , prepared to his Dearest Children with Christ Iesus his Son. And a little after , he says of the Church of England , that in that same King Edward's days , she was a Delectable Garden planted by the Lords own hand . (o) And in his Letter to Secretary Cecil , from Diep , April 10 , 1559. he tells him , He expects that same favour from him , which , it becometh one Member of Christs Body to have for another . (p) And in his Letter to Q. Elizabeth from Edenburgh , 28 Iuly 1559. He renders thanks unfeignedly to God , That it hath pleased him of his eternal Goodness , to exalt her Head to the Manifestation of his Glory , and the Extirpation of Idolatry . (q) Is this like the Clamour which has been ordinary with our Presbyterians , about the Idolatry of the Church of England ? And in the conclusion of that Letter , he prays , that the Spirit of the Lord Iesus may so rule her , in all her Actions , and Enterprizes , that , in her , God may be Glorified , his Kirk Edified , and she , as a lively Member of the same , may be ane Example of Virtue and Godliness of Life , to all others . Are these like the sayings of one , who , in the mean time , judged the Communion of the Church of England , ane Unlawful Communion . 'T is true , indeed , Iohn Knox was displeased with some things in the English Liturgy : He thought she had some Modes and Ceremonies there , which were scandalous , as symbolizing too much with the Papists ; and it cannot be denied , that he disturbed the peace of the English Church at Francfort : But , if I mistake not , he did so , not that he thought the terms of her Communion truly sinful ; but , that he judged his own , ( or rather the Genevian ) Model , purer ; For , 't is reasonable to think , he proceeded on the same principles , and was of the same sentiments with his Master , Calvin : And nothing can be clearer , than , that Calvin did not condemn the things scrupled at , as impious or unlawful , but as not agreeable to his Standard of Purity , as appears from the Citation on the Margin , and might easily be made appear more fully , if one were put to it ; but 't is needless , now , considering that all , I aim at , is , that it cannot be inferred from what Knox did at Francfort , That he judged the Communion of the Church of England , ane Vnlawful Communion , tho , I must confess in making these stirs , he proceeded , not according to the true Catholick Principles of Christian Communion . But enough of him at present . To proceed , As our Reformers thus generally looke upon the Church of England , as a true Church , and her Communion , as a Lawful Communion , so , after our Reformation was established , those of the Church of England , had the same sentiments of the Church of Scotland : The Ambassadors , who , at any time , for many years , came from England to the Scottish Court , made no scruple to live in the Communion of the Church of Scotland , and joyn in her publick Worship . Thus the Earl of Bedford (r) who came to assist at the Solemnization of the Princes ( afterwards K. Iames the Sixth's ) Baptism , Anno 1566. went daily to Sermon , i. e. ( by a Synecdoche very familiar in Scotland ) to the publick Worship . Neither did I ever observe the least intimation , in any monument of these times , I have seen , of these two Churches having opposite Communions , till many years after the Reformation . But I have insisted long enough on this Consideration . The sum whereof is , briefly , this : Our Reformers so far as can appear from their private sentiments and practices , lookt upon the Church of England as a true Christian Church : They lived in her Communion when they had occasion to be within her Bounds ; not one of them condemned her Communion as ane Vnlawful Communion ; not one of them set up Conventicles in England , when they were there , nor erected separate Churches , &c. From all which , it seems to follow , at least , very probably , That they reformed , generally , upon the same Principles ; intirely , upon the same , as to Church Communion . The reason why I have insisted so long on this argument , is , that it smooths the way for the next , which is 2. That our Reformers , in their publick deeds , openly and solemnly profest that they were of one Religion , one Communion , with the Church of England . This , as I take it , is a point of considerable importance , and therefore I shall endeavour to set it , at least , in a competent Light. 1. Then , Unity of Religion ( and by good Consequence , I think , Oneness of Communion ) between the Scottish and the English Protestants , was the great Argument insisted on by the Scots , in their Addresses to England for Assistance to turn out the French , and establish the Reformation in Scotland , Anno 1559 : And it was one of the main Grounds , on which all that great Revolution was transacted , that year , and the next , viz. 1560. Take the account , as I have it from that which is commonly called Knox his History . When the Lords of the Congregation , found it would be necessary for them to implore foreign Assistance for driving out the French , then , the great Obstacles to the Reformation ; They resolved , in the first place , to apply to England , and the Reason , given for this Resolution was , That ENGLAND WAS OF THE SAME RELIGION . Or , if ye please take it in the Authors own words (a) We thought good to seek aid , and support , of all Christian Princes , against her ( the Queen Regents ) Tyranny , in case we should be more sharply persued , AND BECAUSE THAT ENGLAND WAS OF THE SAME RELIGION , and lay next unto us , it was thought expedient first to prove them , &c. It was rational enough to try , there , first , indeed , considering what I have already observed concerning Queen Elizabeth ; And , Tryed it was , and found successful ; For Secretary Cecil , no sooner heard of their intention , than he sent them word , That their Enterprize misliked not the English Council (b) . Upon the sight of this great Ministers Letter , which brought them so comfortable news , they instantly return'd ane Answer : Knox has it word for word ; (c) I shall only take ane Abstract of what is proper for my present purpose . In short then ; They perceive their Messenger , Master Kircaldie of Grange , hath found Cecil ane unfeigned favourer of Christ's true Religion : — As touching the Assurance of a perpetual Amity to stand betwixt the two Realms , as no earthly thing is more desired by them , so , they crave of God to be made the Instruments , by which , the Unnatural Debate which hath so long continued between the Nations may be composed , To the Praise of Gods Name , and , the Comfort of the Faithful in both Realms : If the English Wisdom can foresee and devise how the same may be brought to pass , they may perswade themselves not only of the Scottish Consent and Assistance , but of their Constancy , as Men can promise , to their lives end ; And of Charge and Commandment to be left by them to their posterity , that the Amity between the Nations ( IN GOD ) contracted and begun , may be , by them , kept inviolate for Ever : Their Confederacy , Amity and League shall not be like the pactions made by worldly men , for worldly profit , but , as they Require it , FOR GODS CAUSE , so , they will call upon his Name for the Observation of it : As this their Confederacy requires Secresy , so , they doubt not , the English Wisdom will communicate it only to such as they know to be favourers of such A GODLY CONJUNCTION ; And , in their opinion , it would much help , if the Preachers both in perswasion , and in publick prayers ( as theirs in Scotland do ) would commend the same unto the people . And thus , after their most humble Commendation to the Queen's Majesty , ( whose Reign they wish may be prosperous and long , to the Glory of God and Comfort of his Church ) they heartily commit him to the Protection of the Omnipotent . Given at Edenburgh , Iuly 17. Anno 1559. Before I proceed further , I must tell my Reader , that all our Historians are extreamly defective as to this great Transaction between Scotland and England , I am now accounting for . None of them ( neither Buchanan , nor Lesly , nor Spotswood ) hath this Letter except Knox , and he calls it , the first Letter to Sir William Cecil from the Lords of the Congregation , which imports there were more , as no doubt there were many , and yet he hath not so much as a second . Besides , I find by Knox , Buchanan and Spotswood (d) that , in November 1559 , Secretary Maitland was sent by the Lords of the Congregation , to treat with the Queen of England . I find likewise that he managed the matter so , and brought it to such maturity , that , immediately upon his return , the League between the Queen of England , and the Scottish Lords was transacted and finished ; and yet I can , no where , find , what Commission he had , nor what Instructions ; how he manag'd his business , nor upon what terms the Queen of England and He came to an Agreement ; and several other such lamentable defects I find , so that it is not possible for me to give so exact a Deduction of such ane important Matter as were to be wished . Tho , I doubt not , if it had been clearly and fully deduced , it might have brought great Light to many things about our Reformation , which , now , so far as I know , are buried in Obscurity . Any man may readily imagine how sensible one , that would perform my present task , must needs be , of so great a disadvantage : However , when we cannot have what we would , we must satisfy our selves the best way we can . And so I return to my purpose , which , tho I cannot dispatch so punctually as might be desired , yet I hope to do it sufficiently , and to the satisfaction of all sober , tho not , nicely critical Enquirers . To go on then . By the aforementioned Letter , you see , The Lords of the Congregation , referr'd it to the Wisdom of the English Council , to foresee and devise the Means and Assurances ) they are the very words of the Letter ) how ane effectual Confederacy might be made , between them , for Gods Cause . Now let us reason a little upon the common principles of prudence , where Matter of Fact is so defective . What was more natural for the English Council to Require , than , that ( now that the English Reformation was perfected and legally established , and the Scottish was only in forming ) the Scots should engage to transcribe the English Copy , and establish their Reformation upon that same foot , i. e. receive the Doctrine , Worship , Rites and Government of the Church of England , so that there might be no difference between the two Churches , but both might be of the same Constitution , so far as the necessary distinction of the two States would allow ? The point in Agitation was a Confederacy in opposition to Popery , and for the security of the Reformed Religion in both Kingdoms . It was obvious , therefore , to foresee , that it would be the stronger , and , every way , the better suited to that great End , if both Churches stood on one bottom : For who sees not that Different Constitutions are apt to be attended with Different Customs , which in process of time may introduce Different Sentiments and Inclinations ? Who sees not that the smallest Differences are apt to create jealousies , divisions , cross-interests ? And that there 's nothing more necessary than Vniformity for preserving Vnity ? Besides , Queen Elizabeth was , peculiarly , concerned to crave this . There 's nothing more necessary to support a State , especially a Monarchy , than Vnity of Religion . It was for the Support of her State , the Security of her Monarchy , that she was to enter into this Confederacy . She was affraid of the Queen of Scotland's pretensions to the Crown of England ; For this cause she was confederating with the Queen of Scotland's Subjects , that she might have them of her side . It was her concern , therefore , to have them as much secured to her interests as possibly she could : they were , then , at a great Bay without her succour ; and had referred it to her and her Council , to foresee and devise the terms on which she would grant it . And now laying all these things together , what was more natural . I say than that she should demand , that they should be of the same Religion , and their Church of the same Constitution , with the Church of England . This politick was so very obvious , that 't is not to be imagined , she and her wise Council could overlook it ; And tho it had been no where upon Record , that she craved it , yet the common sense of mankind would stand for its Credibility ; what shall we say then , if we find it recorded by ane Historian , whose Honesty is not to be questioned in this matter ? And such ane one we have , even Buchanan himself , tho he misplaces it , and narrates it , a long time after it was done , and as it were only by the by . The occasion on which he records this , is , when in the year 1569. ( the tenth year after this Confederacy between the Scots and the English was concerted , as I take it ) the Earl of Murray , then Regent , had gone to the Northern parts of the Kingdom to settle matters there , Accounts were brought to him of the Duke of Norfolk's Conspiracy , which was so well compacted , and so deep laid , that it was judged morally impossible to disappoint it ; and Murray's friends were earnest with him to retreat in time , and disengage himself of the opposite party , with whom he had hitherto sided ; and so when Buchanan comes to give the History of this juncture , he , to find a just rise for his Narration , returns no less than ten years backward , discoursing thus , The State of English affairs oblige me to look back a little ; because , in these times , the interests of both Kingdoms were so twisted , that the concerns of the one cannot be represented without the other : The Scots , some years before , being delivered from the Gallican Slavery by the English assistance , had subscribed to the Religious Worship and Rites of the Church of England ; and that surprizing change , in Affairs , seem'd to promise , to Britain , quietness , and rest from all intestine Commotions , and Factions , &c. Here , you see , the thing is plainly and undeniably asserted : Yet , so careless , ( to say no worse ) have all our Historians been , that not one of them mentions it , but he , and he does no more than mention it ; and , to this minute , we are , generally , in the dark , when , how , by whom , and with what Solemnities it was done . Buchanan's words would seem to import that it was done after , that our Deliverance ( as he calls it ) was accomplisht . But not one word of it in the Treaty concluded at Leith , and proclaim'd Iuly 8th , 1560. which succeeded immediately upon the back of that Deliverance ; not one word of it ( I say ) in that Treaty , as it is ether in Buchanan , Knox or Spotswood , or any other Historian , I have had occasion to see ; neither have we any other publick Transaction or Deed that mentions it . I find it told by several Historians (e) that the Earls of Morton and Glencarne were sent to England , after that our Deliverance , to return thanks to Queen Elizabeth for her assistance : 'T is possible it might have been done then ; for , as Spotswood has it , After the Professors heard of the cold Entertainment that Sir Iames Sandilands , who went to France to give ane account of the Treaty , had got at that Court , their minds were greatly troubled ; for , they were seasible of their own weakness , and doubtful of Support from England , if France should again invade , because of the Loss the English had received in the late Expedition ; Neither , ( says he ) had the Earls of Morton and Glencarne , who upon breaking up of the Parliament , were sent into England , to render thanks to the Queen , and to entreat the Continuance of her Favour , given any advertisement of their acceptance . If , upon this occasion , Commission was sent to these two Earls , to subscribe , in name of the rest of the Protestants , to such ane Vnion in Religion , it exactly answers Buchanan's Account ; but no such thing is so much as insinuated to have been done on that occasion . For my part , I humbly offer it to be considered , whither it is not possible , that Buchanan intended not to lay any such stress upon the word [ LIBERATI ] as thereby to import , that it was after the Accomplishment of our Deliverance , that the Scots subscribed : But , bringing in the whole matter , occasionally , where he mentions it , and intending to dispatch it in as few words as he could ; he did not stand nicely upon the wording of it . And if t is holds , the most Rational and Natural Account will be , that Secretary Maitland , and Sir Robert Melvil , who were sent by the Scottish Lords , in the beginning of November 1559. to implore the Queen of England's Assistance , were impowered to agree , in name of the whole body , to this Union of Religion , if it should be demanded . That the Secretary had power to treat , and agree to , and sign Articles , is certain ; for , amongst the Instructions given to the Commissioners for concluding the Treaty at Berwick , dated at Glasgow , Feb. 10. 1559 / 66. I find this as one , (f) Item , If it shall be desired of you to confirm , for us , and in our Name , the things past and granted , by our former Commissioner , the young Laird of Lethington , ye shall , in all points , for us , and in our Name , confirm the same , so far as it shall make either for the WELL and CONJUNCTION of the two Realms , or this PRESENT CAUSE , or yet , for the security of our part for fulfilling of the same (g) . This , I say , is one of the Articles of these instructions ; from which it is evident , that Lethington , had signed Articles in England ; tho we are no where told what they were . And may it not pass for a probable conjecture , that that concerning Vnity in Religious Worship and Ceremonies was one of them ? But whensoever , or by whomsoever it was done , is not the Critical Hinge of the Controversie . We have Buchanan's word for it , that it was done ; and I hope , my Presbyterian Brethren will not hastily reject his Authority ; especially considering , that his Veracity , in this matter is so much assisted and made credible by the strain of the Letter directed to Secretary Cecil , on which we have already insisted . Neither is this all , For 2. The publick Thanksgiving , and Prayers made with great Solemnity , in St. Giles's Church in Edenburgh , (h) after the Pacification at Leith , in Iuly 1560 , amount to no less than a fair Demonstration of ane intire Vnion between the two Nations as to Church Matters , and Religion ; for on that occasion it was thus addressed to Almighty God , with the common Consent , and as a publick Deed of our Scottish Reformers . — Seeing that nothing is more odious in thy presence ( O Lord ) than is Ingratitude and Violation of ane Oath and Covenant made in thy Name ; and seeing thou hast made our Confederates in England , the Instruments by whom we are now set at this Liberty , and , to whom in thy Name , we have promised mutual Faith again ; Let us never fall to that Vnkindness ( O Lord ) that either we declare our selves unthankful unto them , or Prophaners of thy holy Name . Confound thou the Counsel of those that go about to break THAT MOST GOGLY LEAGUE CONTRACTED IN THY NAME ; And retain thou us so firmly together , by the power of thy holy Spirit , That Satan have never power to set us again at Variance nor Discord . Give us thy Grace to live in that Christian Charity , which , thy Son our Lord Jesus Christ hath so earnestly commanded to all the Members of his Body ; that other Nations provoked by our Example , may set aside all Ungodly War , Contention and Strife , and study to live in Tranquillity and Peace , as it becometh the Sheep of thy pasture , and the People that dayly look for our final Deliverance by the coming again of our Lord Iesus , &c. Thus it was prayed , I say , in great Solemnity , at that time ; and every Petition , is a Confirmation of Buchanan's Fidelity and my Assertion . Further yet , 3. In the Old Scottish Liturgy compiled in these times , and afterwards used publickly in all the Churches , There is a Thanksgiving unto God , after our Deliverance from the Tyranny of the Frenchmen , with Prayers made for the Continuance of the Peace betwixt the Realms of Scotland and England , wherein we have these Petitions offered . Grant unto us , O Lord , that with such Reverence we may remember thy Benefits received , that , after this , in our Default , we never enter into Hostility against the Realm and Nation of England . Suffer us never , O Lord , to fall to that Ingratitude and detestable Vnthankfulness , that we should seek the Destruction and Death of those whom thou hast made instruments to Deliver us from the Tyranny of Merciless Strangers : Dissipate thou the Counsels of such as Deceitfully travel to stir the hearts of the inhabitants of either Realm against the other : Let their malicious practices be their own confusion ; and grant thou of thy Mercy , that Love , Concord and Tranquillity may continue and increase amongst the Inhabitants of this Isle , even to the coming of our Lord Jesus Christ , by whose glorious Gospel , thou , of thy Mercy dost CALL US BOTH TO UNITY , PEACE AND CHRISTIAN CONCORD , the full PERFECTION whereof we shall possess in the fullness of thy Kingdom , &c. Here is a set of Demonstrations to the same purpose also : And now , let any man lay all these things together ; The Letter to Cecil ; The Confederacy betwixt Scotland and England ; Buchanan's Testimony ; and these Thanksgivings and Prayers , and then let him judge impartially whither or not , there is reason to believe , that , in those days , there was a good Agreement between the Scottish and English Protestants , as to Religion and Church Matters . Thus , I think , I have sufficiently cleared that our Reformers , Generally , if not Vnanimously , lookt upon the Church of England , as so well constituted , that they acknowledged her Communion to be a Lawful Communion . But before I proceed to other things I must try , if I can make any more advantage of what has been said : And I reason thus , Was there not here truely and really , a Confederacy , ane Oath , A Solemn League and Covenant , betwixt the Scottish and the English Protestants ? Were not these English Protestants , then , united in that Society , which , at that time , was , and , ever since , hath been called The Church of England ? And was not the Church of England of that same very constitution , then , that it was of in King Charles the First his time , for example , Anno 1642 ? But if so , then , I ask again , was not this Solemn League and Covenant , made , thus , by our Reformers with their Brethren in England , as much designed for the Security , the Defence , the Maintainance , of the Church of England , as then by Law established , as for the Establishment of our Reformation ? Did not our Reformers promise Mutual Faith to the English , as well as the English promised to them ? Would it have been consistent with the mutual bonds and obligations of this Confederacy , this Solemn League and Covenant , for the Scottish Reformers , to have raised ane Army , at that time , against Queen Elizabeth to invade her Dominions , in order to ruine the Church of England ? I cannot imagine , any sober person can grudge to grant me this much also . But if this be granted , then I ask in the third place , Did not that Solemn League and Covenant , made by our Reformers , with those of the Church of England , run in a direct opposition to the Solemn League and Covenant , made by our Scottish Presbyterians with a Factious Party in England , for destroying the Church of England , in King Charles the First 's time ? Nay did not our Scottish Presbyterians in that King's time , by entering into that Solemn League and Covenant , directly , and effrontedly , break through the Charge and Commandment , which our Reformers left to their Posterity , That the Amity betwixt the Nations , in God contracted and begun , might by them , be kept inviolate for ever ? Nay , further yet , did not our Reformers solemnly pray against those who made the Solemn League and Covenant in the days of King Charles the First ? Did they not address to God , that he would dissipate their Counsels , and let their Malicious Practices be their own Confusion ? And now , let the world judge what rational pretences these Presbyterians , in that Holy Martyrs time , and , by consequence , our present Presbyterians , can make for their being the only true and genuine Successors of our First Reformers ? Expecting solid and serious Answers to these Questions , I shall now advance in the prosecution of my main undertaking on this Head , which was to shew , how our Reformers agreed with the Church of England in several momentous matters Relative to the Constitution and Communion , the Government and Polity of the Church , &c. But because I have insisted so long on this general one , which I have just now taken leave of , I shall only instance in two or three more , and dispatch them as speedily as I can . 2. Then , it is evident , and undeniable , that our Scottish Protestants , for some years , used the Liturgy of the Church of England in their publick Devotions . Indeed , The very first publick step , towards our Reformation , made by the Lords of the Congregation , was to appoint this Liturgy to be used : It was ordered upon the third day of December , 1557. as both Knox and Calderwood have it . (a) Take the Ordinance in Knox his words : The Lords and Barons professing Christ Iesus conveened frequently in Councel , in the which , these Heads were concluded . First , It is thought expedient , advised and ordained , That in all Parishes of this Realm , the Common Prayer be read , weekly , on Sunday , and other Festival days , publickly , in the Parish Churches , with the Lessons of the Old and New Testament , conformable to the Book of Common Prayers : And if the Curates of the Parishes be qualified , that they read the same ; And if they be not , or if they refuse , that the most qualified in the Parish use and read the same , &c. (b) Spotswood and Petrie give the same account . But such is the Genius of Mr. Calderwood , that you are to expect few things , which may make against the Presbyterian Interest , candidly and sincerely represented by him . For instance , in his overly account of this matter , he quite omits the mention of other Holy days , besides Sundays . These consistent Testimonies of all those four Historians , are so full and plain a Demonstration of the Matter of Fact , that I cannot foresee so much as one Objection that can be made , or one Evasion that can be thought on , unless it be , That it is not said by any of them , that it was the Book of the Common Prayers of the Church of England . But this difficulty is soon removed . For 1. It was either the Book of the Common Prayers of the Church of England , or the Genevian Liturgy : For we no where read of a Third , ever pretended to have been used , in those times , in Scotland : Now that it was not the Liturgy of Geneva , is plain ; for besides that it is utterly incredible , that there could have been so many Copies , of the Genevian Form in the vulgar Language , then , in Scotland , as might serve so many Parish Churches ; Nay , that 't is highly probable , there was not so much as one . Besides this , I say , in the Genevian Form , which was afterwards used in Scotland , there is no Order for , no footstep of , the observation of other Holy-days , besides Sunday : Neither is there any Order in it for Reading of Lessons of the Old and New Testament , except in the Treatise of Fasting , which was not compiled till the year 1565. There , indeed , Lessons are appointed , such and such Psalms , and such and such Histories , in the Old , but not so much as one Tittle of the New Testament : In all the rest of the Book a deep Silence about Lessons ; than which there cannot be a clearer Demonstration ▪ that the Book appointed to be used in December 1557 , was not that of Geneva . Indeed 2. None of our Presbyterian Historians , neither Petrie , nor Calderwood , have the confidence to pretend , nay to insinuate the possibility of its being the Common Order of Geneva ; which , 't is very probable , they would have done , if they had had the smallest hopes of making it feasible . On the contrary , Calderwood seems fairly to acknowledge , that it was the English Liturgy ; but then this acknowledgement lies at such a distance from the year 1557. that , no doubt , he thought himself pretty secure , that few Readers would reflect upon it as ane acknowledgment ; he doth not make it till he comes to the year 1623 , when he had occasion to tell how the use of the English Liturgy was brought into the New Colledge of St. Andrews . Take it in his own words (c) Upon the 15 th of January , Master Robert Howie , Principal of the New College of St. Andrews , Doctor Wedderburn , and Doctor Melvin , were directed by a Letter from Doctor Young , in the Kings Name , to use the English Liturgy , Morning and Evening , in the New College , where all the Students were present at Morning and Evening Prayers : Which was presently put in execution ; notwithstanding they wanted the warrant of any General Assembly , or of any CONTINVED PRACTICE OF THE FORM in time , by-past , since the Reformation . Where , you see , he lays the stress of his Argument against it , on its nor having had a continued Practice , since the Reformation , which is a clear concession that at the Reformation , it was in practice , tho that practice was not continued . But whither he acknowledged this or not , is no great matter ; we have sufficient Evidence for the point in hand , without it : For 3. Buchanan's Testimony , which was adduced before about the Scots subscriving to the Worship and Rites of the Church of England , is unexceptionable : And yet it is not all . For 4. The Order , as you see it appointed by the Lords of the Congregation , Decem. 3d , 1557. is , That the Book , there authorised , be used in all Churches from that very date : but we find by the First Book of Discipline , (d) That the Order of Geneva was only coming in to be used , then , in some of the Churches , i. e. 1560. And it had nothing like a public Establishment , till the General Assembly holden at Edenburgh , Dec. 25 , 1652. For then , and not till then , It was concluded , that ane Vniform Order should be kept in the Ministration of the Sacraments , Solemnization of Marriages , and Burial of the Dead , according to the Kirk of Geneva . So it is in the Mss. and so Petrie hath it ; (e) But Nature works again with Calderwood ; For he has no more but this , It was ordained that ane Vniform Order be kept in the Ministration of the Sacraments , according to the Book of Geneva : (f) Omitting Marriage , and the Burial of the Dead ; Marriage , I believe , to bear the other Company ; for the Burial of the Dead , was the Dead Flee : Why ? The Book of Geneva allowed of Funeral Sermons , as he himself acknowledgeth : (g) A mighty Superstition ! in the opinion of Prerbyterians ; so that it would have been offensive to the sincerer sort , as he commonly calls those of his own Gang , and inconsistent with the Exigences of the Good Cause to have let the world know , that A General Assembly had ratified the Order of that Book about Burials , and thereby had justified the Superstition of Funeral Sermons . Nay 5. It seems this Act of the General Assembly , Decem. 1562. has not been strong enough for turning out the English Liturgy , and introducing the form of Geneva : For if we may believe Calderwood himself , (h) The General Assembly holden at Edenburgh , Decem. 25. 1564. found themselves concerned to make another Act , ordaining Every Minister , Exhorter , and Reader to have one of the Psalm books , lately printed at Edenburgh , and use the Order contained therein , in Prayers , Marriage , and Administration of the Sacraments . Where observe further , that Prayers , not mentioned in the Act , 1562. are now put in ; from which it may be probably conjectured , that , as much as Knox was against the English Liturgy , he found many difficulties to get it laid aside ; so many that , it has not only been used by some ( few or many , I cannot tell ) in the Ministration of the Sacraments , &c. after the Act 1562. But the Clergy have not found themselves obliged to forbear the use of it , in the publick prayers ; so that it was needful , in this Assembly 1564 , to make a New Act , restricting them both as to Prayers and other Ministrations , to the Order of Geneva . And if this holds , we have the English Liturgy , at least , seven Years in continued practice in Scotland . But it is enough for my main purpose , that it was once universally in use , which I think cannot be denied by any who impartially considers what hath been said : And now 6. May not I adduce one Testimony more ? 'T is true it is of a latter date : But it is very plain and positive , and what I have adduced already is security enough for its Credibility : It is the Testimony of the Compilers of our Scottish Liturgy , which made the great Stir in the year 1637. And was made one of the main pretences for the first Eruptions of that execrable Rebellion which ensued ; The Compilers of that Liturgy , I say , in their Preface to it , tell us , That it was then , known , that diverse years after the Reformation we had no other Order for Common Prayer , but the English Liturgy . A Third Principle wherein our Reformers agreed with the Church of England , and which stands in direct contradiction to the Principles of our Presbyterians , is , that they own'd , the Church had a great Dependance on the State ; That it belong'd to the Civil Magistrate to reform the Church ; That People might appeal from the Church , to the Civil Magistrate , &c. I am not now to enter into the Controversie concerning the Dependence or Independence of the Church upon the State , that falls not within the compass of my present Undertaking : Neither will I say that our Presbyterians are in the wrong , as to the true substantial Matter agitated in that Controversie . All I am concerned for at present , is that , in these times , those of the Church of England own'd a great Dependence of the Church upon the State , and that our Reformers agreed with them in that Principle ; and I think I may make short work of it : For That that was the Principle of the Church of England in these times , I think no man can readily deny , who knows any thing about her , at , and a good many years after , her Reformation . All my business is to shew , that our Reformers were of that same Principle . And I think that shall be easily made to appear : For As to the Civil Magistrates power to reform the Church what can be more clear , than the Petition presented to the Queen Regent , in November 1558 ? There our Reformers tell her Majesty , (i) that Knowing no Order placed in this Realm , but her Majesty and her grave Council , set , to amend , as well , the Disorder Ecclesiastical , as the Defaults in the Temporal Regiment , they do most humbly prostrate themselves , before her Feet , asking Iustice , and her Gracious Help against such as falsely traduced and accused them as Hereticks and Schismaticks , &c. In which Address , we have these two things very clear and evident , 1. That they own'd , that the Civil Magistrate , had power to amend Ecclesiastical Disorders , as well as Temporal . 2. That , in consequence of this , they applied to the Civil Magistrate for protection against the pursuits of the Church . And in their Protestation given in to the Parliament about that same time , They most humbly beseech the sacred Authority to think of them as faithful and obedient Subjects , and take them into its Protection , keeping that Indifferency , which becometh Gods Lieutenants to use , towards those , who , in his Name , do call for Defence against Cruel Oppressors , &c. Meaning the then Church-men . (k) Indeed , None clearer for this than Knox himself , as is to be seen fully in his Appellation from the cruel and most unjust Sentence , pronounced against him by the False Bishops and Clergy of Scotland , ( as he himself names it ) For there (l) He lays down and endeavours to prove this Assertion , That it is lawful to Gods prophets , and to Preachers of Christ Iesus to appeal from the Sentence and Iudgment of the visible Church , to the Knowledge of the temporal Magistrate , who , by Gods Law , is bound to hear their Causes and to defend them from Tyranny . And in that same Appellation , (m) he largerly asserts and maintains the Dependance of the Church upon the State : The Ordering and Reformation of Religion , with the instruction of Subjects ( he says ) doth appertain especially to the Civil Magistrate . For why ? Moses had great power in the Matters of Religion : God revealed nothing particularly to Aaron ( the Church-man ) but commanded him to depend from the Mouth of Moses ( the Civil Magistrate ) : Moses was impowered to separate Aaron and his Sons for the Priesthood : Aaron and his Sons were subject to Moses . Moses was so far preferred to Aaron , that the one commanded , the other obeyed . The Kings of Israel were commanded to read the Book of the Law all the days of their Lives , not only for their own private Edification , but for the publick preservation of Religion ; so David , Solomon , Asa , Iehosophat , Hezekiah , Iosiah understood it , and interested themselves in the Matters of the Church , accordingly . From which it is evident , ( saith he ) That the Reformation of Religion , in all points , together with the Punishment of false Teachers , doth appertain to the power of the Civil Magistrate : For what God required of them , his justice must require of others , having the like Charge and Authority ; what he did approve in them , he cannot but approve in all others , who with like Zeal and Sincerity do enterprize to purge the Lords Temple and Sanctuary . Thus Knox ( I say ) in that Appellation . I do not concern my self with the truth or falshood of his positions ; neither am I to justify or condemn his Arguments ; All I am to make of it is , to ask my Presbyterian Brethren , whither these Principles of Knox's suit well with declining the Civil Magistrate as ane incompetent Iudge in Ecclesiastical matters ? with refusing to appear before him prima instantia for the tryal of Doctrines preacht in the Pulpit ? with the famous distinction of the Kings having power about Church matters Cumulative but not Privative ? &c. I am affraid it shall be hard enough to reconcile them . I shall only instance in one principle more , which seems to have been common to our , and the English Reformers , but it is one of very weighty consequence and importance to my main design : It is Fourthly , That Excellent Rule of Reformation , viz. That it be done according to the word of God , interpreted by the Monuments and Writings of the Primitive Church . That antient , solid , approven Rule : That Rule so much commended by that excellent Writer Vincentius Lirinensis : That Rule which the common sense of mankind cannot but justify , when it is considered soberly and seriously , without partiality or prejudice . A Rule , indeed , which , had the Reformers of the several Churches , followed unitedly and conscientiously , in those times , when the Churches in the Western parts of Europe were a Reforming ; we had not had so many different Faiths , so many different Modes of Worship ; so many different Governments , and Disciplines , as , Alas ! this day , divide the Protestant Churches , and by consequence , weaken the Protestant Interest : A Rule , which had the pretenders to Reformed Religion , in Scotland , still stood by , we had not , possibly , had so many horrid Rebellions , so many unchristian Divisions , so many unaccountable Revolutions , both in Church and State , as , to our sad Experience , have , in the Result , so unhing'd all the Principles of natural justice and honesty , and disabled , nay , eaten out the principles of Christianity amongst us , that now we are not disposed so much for any thing as downright Atheism . But were our Reformers , indeed , for this Rule ? That shall be demonstrated by and by , when we shall have occasion to bring it in again as naturally , to which opportunity I now refer it : in the mean time , let us briefly sum up all that hath been hitherto said , and try to what it amounts . I have , I think , made it appear , that , while our Reformation was a carrying on , and when it was established Anno 156● , there was no such Controversie agitated , in the Churches , as that concerning the indispensible necessity of Presbytery , and the Vnlawfulness of Prelacy , concerning the Divine Right of Parity , or the Vnallowableness of imparity amongst the Governors of the Church . I have said enough to make it credible , that our Scottish Reformers had no peculiar occasions , opportunities , provocations , abilities , for falling on that Controversie , or determining of it , more than the Reformers of other Churches : In consequence of this , I have further shewed , that , from all the monuments of these times , I have seen , not so much as One of our Reformers can be adduced , as asserting the Presbyterian side of this Controversie . Lastly , I have , I think , made it evident , that our Reformers went very much upon the same Principles , on which the English Reformers went , who still continued Episcopacy ; unquestionably , on many Principles of great weight and importance , as to the Constitution and Communion , the Government and Polity of the Church , which staid in direct opposition and contradiction to the Principles of our present Presbyterians . And now , let any judicious and impartial person lay these things together , and then let him ingenuously determine , whether it be not highly incredible , that our Reformers were for the divine institution and indispensible Right of Parity , and the Vnlawfulness of Prelacy , which is the Principle , at least , the Profession of our present Presbyterians . Yet after all this , I must tell my Reader , that I have insisted on these things , so much as I have done , principally for smoothing the way for the Evidences I am yet to produce for the certainty of my side of the Second Enquiry . And I am content , that these things I have already discoursed , should pass for no more than Rational Presumptions , till I have tried if more strength can be added to them , and they can be rendered more cogent and concluding by a succession of plain , positive , direct , and formal proofs of my Assertion : And , to engage my Readers attention , I dare adventure to promise him that , to as high a degree as the nature of the thing is capable of , at least , can reasonably bear . And so , without further address , I thus proceed . Before our Reformation was established by Law , our Reformers addressed to the Government by several Petitions , that Religion and the Church might be reformed . I shall take notice of Three , all pertinent to my purpose . One of them is no where ( that I have seen ) set down at length ; the other two are in Knox his History . That which is no where set down at length , is to be seen abridged in Buchd●a● , Lesly , and Spotswood , (a) but with some little variation ; For Buchanan has given that Article , which I am at present concerned about● according to his way , in general terms ; Thus , Vt Ministrorum Electio , juxtà antiquam Ecclesiae consuetudinem , penes populum esset , Spotswood has translated Buchanan's words faithfully enough , in this matter , as he doth in many other things ; but Lesly gives it a little more distinctly thus Vt EPISCOPI deinceps , & PASTORES , illi , Dominorum ac Nobilium cujuscunque DIOICESIS , hi , PAROCHORVM assensione ac voluntate , ad BENEFICIA cooptentur . That this Petition thus abridged by these three Historians was a Petition different from that which we have published at length in Knox , seems unquestionable ; for that which is in Knox , has not one syllable about the Election of Ministers ; and beside , Buchanan fairly insinuates , that there was another , distinct from that which he had abridged , tho not much different : For thus he discourses (b) Papani , Edinburgi , ad eadem FERE postulata quaeper Nobilitatem ad eam ( Reginam proregem ) sunt delata , PENE paribus usi sunt Responsis . Now if it had been the same Petition , why would he have said , ad eadem FERE postulata , and PENE paribus Responsis ? This I take notice of , that my Presbyterian Brethren may not have occasion to ●avil , at the Article as it is in Lesly , as if it were not genuine , because it is not in the Petition recorded by Knox , and , from him ( most imperfectly ) abridged by Calderwood , their two great and authentick Historians . For , as for Mr. Petrie , he was so wise , as not to trouble himself with either of these Petitions ; perceiving , belike , that neither of them was favourable to his beloved Parity . To proceed , now , with the Article as it is in Lesly . If he has set it down faithfully , I think we have a fair account of the sentiments of our Reformers , concerning Mother Parity ; (c) so very fair , that he who runs may read it . The Question then is , whither Lesly has faithfully transmitted this Article to us ? And for the affirmative , I offer these Reasons . 1. There 's no reason to doubt of his integrity in this matter ; he was a zealous Papist , and a Bishop to boot : And it is evident , as he was either of these , it was not his interest to make our Reformers such friends to Episcopacy , if they were not such , really : For if they had not made that Distinction between Bishops and Presbyters , if they had professed the Divine Right of Parity , he had had good ground for accusing them of receding from the undoubted principles , and universal practice of the Catholick Church , in all times , and in all places , in a point of so great weight and consequence in the Government of the Church : Ane occasion which one of his Zeal for his party would not probably have neglected to take hold of ; far less would he have lied so palpably to save the Reputation of his Adversaries . 2. As he had no temptation to falsify in this matter , so , he had all other Qualifications of a credible Witness . He lived in these times ; he himself was a Clergy man , then ; probably , he was a Member of that same Convocation to which the Petition was offered ; and I think no man will doubt of his Abilities to comprehend such a matter . Indeed 3. If he forged this Article , he was ridiculously impudent at Forging ; for as he did it without any imaginable necessity , without any shadow of a degree of subserviency to his Cause , so he put himself upon a necessity of forging more , even , a good long Answer , which , he says , was return'd to that Article by the Convocation , viz. That it was not reasonable , they should alter the Method of Electing Bishops and Presbyters , prescribed by the Canon Law , especially in the time of the Queens Nonage : Her Prerogative was interested in the matter : She with the Popes Consent had power to nominate the Prelates ; and to take that Power out of her hands without her Consent , or before she came to perfect Age , was notoriously , as well as undutifully to invade her Royalty . Ane Answer , indeed , exactly fitted for the Article , as he hath transmitted it . But the truth is , 4. That he neither forged the Article , nor the Convocations Answer to it , we have further undoubted Evidence ; for I have seen ane Old Manuscript Scottish History ( which I can produce if I am put to it ) which exactly agrees with Lesly , as to the Article ; for thus it hath it , The Election of the Bishops and Kirkmen , to pass ▪ by the Temporal Lords , and People , of their Diocesses and Parishes . And , Buchanan , upon the matter , gives that same account of the Convocations Answer , affirming , that , As to the Election of Ministers they answered , That such Matters were to be regulated by the Canon Law , or the Decrees of the Council of Trent . 5. Neither will it be found of any force , to say , that Buchanan has not the Article ; nor Spotswood , whose interest it was to have had it , if such a thing had been , considering his Principles , and what was one of his principal designs in writing his History . This is of no force , I say , for 1st as for Buchanan , it is evident from the whole tract of his History , That he aim'd , principally , at Matters of State , bringing in Church Matters only by the by , as we say , so that it is no wonder , if he did not record them accurately , and with all the preciseness of Nicety : And yet , even as he summs up the Petition , he has something in it which plainly imports , the Petitioners had no thought to interrupt the Continuation of Imparity ; for thus he puts the last Article , If , by the Negligence of former times , ignorant or wicked men had been advanced to Ecclesiastical Dignities , they might be removed , and others substituted in their Offices . In which words , 't is plain , that as there had been HONORES , Ecclesiastical Dignities , and MINISTERIA , different Offices amongst the Clergy before , so now , there was nothing like petitioning , for abrogating any of them . But that these Dignities might be better bestowed , and these Offices better provided : The Dignities and Offices were to continue , no Change to be made but of the Dignitaries and Officers . 2. As for Spotswood , as , I grant , it had been very proper for his purpose to have taken notice of the Article as it is in Lesly ; so , that he took no notice of it , is no argument that Lesly was in the wrong ; for , besides that there is no colour of reason for discrediting one Historians accounts , because another is silent about them ; the truth is , whosoever reads Spotswoods History , and compares it with the rest of our Histories , will find a very great many such Defects : And we shall have a very clear , as well as a very considerable instance by and by , when we come to the next Petition . In the mean time , let me add another irrefragable Evidence ( so I think ) of Leslies integrity , as to this Article . It is 6. That when our Reformers had carried the day , and so came to establish the Government of the Church ; they exactly reduced to practice , that which they had petitioned for in the Article , in the Election of Superintendents ; as is clear both from the First Book of Discipline , and the Form of Electing Superintendents , as it is to be seen both in the Old Scottish Liturgy , and in Knox his History . In the Fifth Head of the First Book of Discipline , it was appointed (d) That the Council should nominate the Superintendents , or give Commission to men of best Knowledge , and who had the fear of God , to do it ; the Gentlemen and Burgesses of Towns , within the Diocesses , being always made privy to the Election . And In the Order for Electing Superintendents , as 't is both in the Old Liturgy , and Knox's History (e) we are told , that the Council having given charge and power to the Churches of Lothian , to choose Master John Spotswood , Superintendent , sufficient warning was made , by publick Edict , to the Churches of Edenburgh , Linlithgow , Sterling , Trenent , Hadingtown and Dumbar ; as also to Earls , Lords , Barons , Gentlemen , or others that had , or might claim to have , Voice in Election , to be present , &c. This was done in the beginning of the year 1561. Now Lay these two things together , and what is the Result ? what else , than giving power to the Nobility and Gentry of the Diocess to elect their Bishop , according to the Article , as Lesly hath it in his Breviate of the Petition ? Thus we have found Lesly honest , and his account just and genuine ; and thereby ( as I take it ) this proposition fairly demonstrated , that our Reformers were so far from being Presbyterian , so far from being for the divine institution , and indispensable right of Parity , that , on the contrary , they were clear for Imparity , for Episcopacy . But this is not all . The Second Petition which I mentioned , and which is set down in full form in Knox's History , tho it doth not name Bishops , is every whit as plain and decretory , that the sentiments of our Reformers were no ways inimicous to Prelacy ( if I may make use of a word made fashionable , by a Nobleman of the fashion . ) But , on the contrary , that they were plainly for it . This I take to be so fully and fairly exprest in the fifth and last Article of that Petition , that I will here transcribe it word for word . (f) Lastly , we require most humbly , that the wicked , slanderous and detestable Life of Prelates , and of the State Ecclesiastical , may be reformed , that the people , by them , have not occasion ( as of many days they have had ) to contemn their Ministery , and the preaching whereof they should be Messengers . And if th●● suspect , that we rather envy their Honours , or covet their Riches and Possessions , than zealously desire their Amendment and Salvation , we are content , that not only the Rules and Precepts of the New Testament , but also THE WRITINGS of the ANCIENT FATHERS , and the GODLY and APPROVED LAWS of JUSTINIAN the EMPEROR , decide the Controversie betwixt us and them : And if it shall be found that , either malevolently , or ignorantly , we ask more ; than these fore-named have required and continually do require , of able and true Ministers , in Christs Church , we refuse not Correction as your Majesty , with right Iudgment , shall think meet : But if all the fore-named shall condemn , THAT which we condemn ; and approved THAT which we require ; then we most earnestly beseech your Majesty , that , notwithstanding the long Custom which they have had to live at their lust , they be compelled either to desist from Ecclesiastical Administration , or to discharge their Duties , as becometh True Ministers . So that , the GRAVE and GODLY FACE of the PRIMITIVE CHVRCH being REDVCED , Ignorance may be expelled , true Doctrine and good Manners , may once again appear in the Church of this Realm . Here our Reformers lay down a complexe Rule , according to which they crave the Church , and the Ecclesiastical State may be Reformed : This complexe Rule , is made up of the Rules and Precepts of the New Testament , the Writings of the Antient Fathers , and the Godly and Approved Laws of the Emperor JUSTINIAN . This is that solid , orthodox , proper , and adequate Rule of Reformation , which I mentioned before ; as Vincentius Lirinensis his Rule , and the Rule wherein our Reformers agreed with the English Reformers : By this Rule , our Reformers are content , that all the Controversies betwixt them and the Papists , be de●ided ; they refuse not Correction , if they ask more than this Rule requires ; they condemn no more than this Rule condemns : This Rule approves all they are asking . In short , they require no more than that according to this Rule , the grave and godly Face of the Primitive Church may be restored , as it was in JUSTINIAN's time ; Let the Ecclesiastical State be reduced to that Frame and Constitution , and the Clergy live , and rule , and discharge their Trusts and Offices , as the Clergy did then , and they are satisfied : And now , if these Reformers who thus petitioned , and , in their Petition , thus reasoned and agreed to such a Rule of Reformation , were for the divine institution of Parity , and the sacred Rights of Presbytery ; nay if ▪ they were not , not only for the Lawfulness , but the Continuance of Prelacy ; I must confess my ignorance to be very gross , and so I refuse not Correction . For this Evidence , as I said we are beholden to Knox , and to Knox only : 'T is true indeed , Calderwood (g) gives us the Abstract of this Petition , but he conceals and suppresses the whole pith and marrow of this Article , summing it up in these few ill-complexion'd words , That the slanderous and detestable life of the Prelates , and the State Ecclesiastical may be reformed ; which , at first view , one would imagin , lookt kindly towards Presbytery ; but I am not surprized to find him thus at his Tricks ; 't is but according to his Custom : To have set down the full Article , or to have abridged it so as that its force and purpose might have been seen , had been to disserve his Cause , and do ane ill Office to his Idol , Parity . And Petrie ( as I have said ) was so wise , as not to touch it at all , lest it had burnt his Fingers : but that Archbishop Spotswood should have overlookt it both in his History , and in his Refutatio Libelli , &c. seems very strange . For my part I should rather think we have not his History intire , and as he design'd it for the Press ( for which , I have heard other very pregnant presumptions ) than that so great a man was guilty of so great ane Oscitancy . But whatever be of this , Knox has it , and that is enough ; and Calderwood has abridged it , and that 's more than enough for my Presbyterian Brethren . The Third Petition which I promised to adduce , is that which was presented to the Parliament which established the Reformation Anno 1560. for which we are obliged to Knox alone also ; at least , so far as the present Argument is concerned . (h) For tho both Spotswood and Petrie (i) make mention of the Petition or Supplication , yet neither of them has recorded that which I take notice of ; and Calderwood is so accurate ane Historian , as to take no notice of the Petition . That which I take notice of in it , as it is in Knox , is , That when our Reformers came to crave the Reformation of the Ecclesiastical State , they bespoke the Parliament thus . And lest that your Honours should doubt in any of the premisses ( they had affirmed before , That the Doctrine of the Roman Church contained many pestiferous errors ; that the Sacraments of Jesus Christ were most shamefully abused and profaned by the Roman Harlot ; that the true Discipline of the antient Church , amongst that Sect , was utterly extinguisht ; and that the Clergy , of all men within the Realm , were most corrupt in life and manners , &c. ) we offer our selves evidently to prove , that in all the Rabble of the Clergy , there is not one Lawful Minister , IF GODS WORD , THE PRACTICES OF THE APOSTLES , THE SINCERITY OF THE PRIMITIVE CHVRCH , AND THEIR OWN ANCIENT LAWS SHALL IVDGE OF THE ELECTION . Here , I say , our Reformers insist on that same very Rule , for finding if there be Corruptions in , and by consequence for reforming of , the Church , on which they insisted , in the aforementioned Petition ; from which , 't is evident , they persisted of the same sentiments , and 't is easy to draw the same inferences . Such were the sentiments of our Scottish Reformers , before the Reformed Religion had the countenance of the Civil Government , and Acts of Parliament on its side , and was made the National Religion . Let us try next what kind of Government they did establish , when they had got Law for them ? Whither they established a Government that was to be managed by Ministers acting in Parity , or in Imparity ? And , here , I think , the Controversy might very soon be brought to a very fair issue . The First Book of Discipline , the Acts of many General Assemblies , the Acts of many Parliaments , Both , without interruption ; the unanimous Consent of Historians , and the uncontroverted Practice of the Church for many years ; all concurring to this Assertion . That the first Establishment was of a Government , which was to be managed by Superintendents , and Parochial Ministers , Elders and Deacons , acting in Subordination , not in a State of Parity with , but in a State of inferiority in Power and Iurisdiction to these Superintendents . This Establishment , I say , is so clear and undoubted from all these fountains , That no more needed be said upon the whole Argument . But because our Presbyterian Historians and Antiquaries , , tho they cannot deny the thing , do yet endeavor with all their Might and Cunning to intricate it , and obscure it ; I shall , further , undertake two things . I. I shall give the world a fair prospect of the power of Superintendents , as they were , then , established , and of the Disparities betwixt them and Parish Ministers . II. I shall endeavour to dissipate these Mists , whereby our Presbyterian Brethren are so very earnest to involve and darken this Matter . As for the I. The world may competently see , that Superintendents as established in Scotland , at the Reformation , had a considerable stock of Prerogatives , or Preheminencies ( call them as ye will ) which raised them far above other Churchmen , far above the allowances of that Parity , our Presbyterian Brethren contend for so eagerly , from the following Enumeration . 1. They had Districts or Diocesses of far larger extent than other Churchmen : Private Ministers had only their private Parishes , and might have been as many as there were Churches in the Kingdom : But according to the Scheme laid down by our Reformers in the First Book of Discipline , Head 5. (a) only ten or twelve Superintendents were design'd to have the Chief Care ( as it is worded in the Prayer at the Admission of a Superintendent ) of all the Churches within the Kingdom : Indeed ten are only , there , design'd , but it was because of the scarcity of qualified men , as we shall learn hereafter . 2. As they had larger Districts than Parish Ministers , so , there were correspondent Specialities in their Election . Parish Ministers were to enter to such Churches as had Benefices , by presentation from the Patron , and Collation from the Superintendent , as is evident from Act 7. Parl. 1. Iam. 6. and many Acts of Assemblies , as shall be fully proven afterward . If they were to serve where the Benefice was actually possessed by a Papist , they were to be chosen by the People of the Congregation , by the appointment of the First Book of Discipline , Head 4. (b) But the Election of Superintendents was quite different ; they were to be nominated by the Council , and elected by the Nobility and Gentry , &c. within their Dioceses , as hath been already considered . 3. There was as great a difference in the matter of Deposition , if they deserved it . Parish Ministers by the First Book of Discipline , Head 8. (c) were deposable by the Superintendent of the Diocess , and the Elders of the Parishes , where they were Ministers ; but of this more hereafter . (d) But by that same First Book of Discipline , the Superintendent was to be judged by the Ministers and Elders of his whole Province , over which he was appointed ; and if the Ministers and Elders of the Province were negligent in correcting him , one or two other Superintendents , with their Ministers and Elders were to conveen him , providing it were within his own Province , or Chief Town , and inflict the Censure which his Offence deserved . Of the Reasonableness of this afterward . 4. There was as remarkable a difference in point of Ordination , which in the then , Scottish stile was called Admission . Private Ministers were to be admitted by their Superintendents , as we shall find afterwards . But by the First Book of Discipline , Head 5. (e) Superintendents were to be admitted by the Superintendents next adjacent , with the Ministers of the Province . 5. In the case of Translation , the General Assembly holden at Edenburgh , Decem. 25. 1562. Gives power to every Superintendent , within his own bounds , in his Synodal Assembly , with consent of the most part of the Elders and Ministers of Kirks , to translate Ministers from one Kirk to another , as they shall consider the Necessity ; Charging the Minister so translated to obey the Voice and Commandment of the Superintendent , (f) But according to the First Book of Discipline , Head 5. (g) No Superintendent might be translated at the pleasure or request of any one Province , without the Council of the whole Church , and that for grave Causes and Considerations . 6. A special care was to be taken of his Qualifications and Abilities for such ane important office , for thus it is appointed by the First Book of Discipline , Head 5. (h) That after the Church shall be established , and three years are past , no man shall be called to the Office of a Superintendent , who hath not , two years , at least , given a proof of his faithful Labours in the Ministry . A Caution simply unapplyable to Parish Ministers . 7. He had a living provided for him by the First Book of Discipline , Head 5. (i) about five times as much , yearly , as was alotted for any private Minister . And it is to be observed , that this was in a time when the Popish Bishops still brooked their Benefices . But when the Resolution was , Anno 1567 , to deprive all the Popish Clergy ; it was agreed to , in the General Assembly , by the Churchmen on the one hand , and the Lords and Barons on the other , That Superintendents should succeed in their places , as both the Mss. and Spotswood have it expresly . (k) 8. Superintendents , by vertue of their Office , were constant Members of the General Assemblies : Therefore the General Assembly holden at Perth , Iune 25. 1563. statuted , That every Superintendent be present the first day of the Assembly under the pain of , 40 sh. to be given to the poor without Remission . So it is in the Mss. but Petrie has it barely , That they shall conveen on the first day of every Assembly . (l) And it seems , because that punishment had not sufficient influence on them , it was , again ordained by the G. Ass. at Edenburgh , March 6. 1573. That they shall be present in the Assembly , the first day , before noon , under the pain of losing one half of their stipend for a year , &c. So both the Mss. and Petrie . (m) But as we shall find afterwards , such presence of Parish Ministers was not allowed , far less necessary . 9. It belonged to them to try those who stood Candidates for the Ministery , thus , 1. B. of Disc. Head 4. (n) Such as take upon them the Office of Preachers , who shall not be found qualified therefore , by the Superintendent , are by him to be plac●d Readers . And again , Head 5. (o) No Child , nor person within the age of 21 years , may be admitted to the Office of a Reader ; but such must be chosen and admitted by the Superintendent , as for their Gravity and Discretion may grace the Function that they are called unto . And the Ass. at Edenburgh , Dec. 15. 1562. Ordains , That Inhibition be made against all such Ministers as have not been presented by the people , or a part thereof , to th● Superintendent , and he , after Examination and Tryal , has not appointed them to their Charges . So the Mss. and so Petrie ; (p) and Spotswood cites another Act of the General Assembly at Edenburgh 1564. to the same purpose . (q) 10. As appears by that Act of the Assembly , Decem. 25. 1562. just now cited , and the 7 Act Parl. 1 Iac. 6. cited before ; also Superintendents had the power of granting Collations upon presentations . And the Assembly at Perth , holden in Iune 1563. appoints , That when any Benefice chances to vaik , or is now vacant , that a qualified person be presented to the Superintendent of that Province where the Benefice lyeth , and that he being found sufficient be admitted , &c. So I find it cited by the Author of Episcopacy not abjured in Scotland . 11. A Superintendent had power to plant Ministers in Churches , where the people were negligent to present timeously ; and indeed that power devolved much sooner into his hands by the First Book of Discipline , Head 4. (r) than it did afterwards into the hands of either Bishop or Presbytery ; for there it is ordered , That if the people be found negligent in electing a Minister , the space of forty days , the Superintendent with his Counsel may present unto them a man whom they judge apt to feed the flock , &c. And as he had thus the power of trying and collating Ministers , and planting Churches in the case of a Ius Devolutum . So 12. He had the power of Ordination , which , as I said , was then called Admission , as is evident from the First Book of Discipline , ( cap. 5. ) and several Acts of Assemblies already cited . 13. All Presbyters or Parish Ministers , once admitted to Churches , were bound to pay Canonical Obedience to their Superintendents . Thus in the Assembly at Edenburgh , Iune 30. 1562. It was concluded by the whole Ministers assembled , that all Ministers should be subject to the Superintendents in all lawful admonitions , as is prescribed , as well in the Book of Discipline , as in the Election of Superintendents . So the Mss. And by that aforecited Act of the Assembly at Edenburgh , Decem. 25. 1562. Ministers translated from one Church to another , are commanded to obey the Voice and Commandment of the Superintendent . Indeed , it was part of ane Article presented by the Church to the Council , May 27. 1561. That ane Act should be made appointing a ( civil ) Punishment for such as disobeyed or contemned the Superintendents in their Function . (s) 14. He had power to visit all the Churches within his Diocess , and in that Visitation ( they are the words of the First Book of Discipline , Head 5. (t) To try the Life , Diligence and Behaviour of the Ministers , the Order of their Churches , the Manners of their People , how the Poor are provided , and how the Youth are instructed , &c. And further , In these Visitations he had power , particularly , to take account of what Books every Minister had , and how he profited from time to time by them . By Act of Assem . at Edenburgh , Iune 29. 1562. So 't is in the Mss. 15. He had power to depose Ministers that deserved it ; as appears from the First Book of Discipline , Head 8. already cited . And by the Assem . at Edenburgh , March 6. 1573. It is statuted that , if any Minister reside not at the Church where his Charge is , he shall be summoned before his Superintendent , or Commissioner of the Province , to whom the Assembly gives power to depose him , &c. So the Mss. and Potrie . (w) 16. He had power to translate Ministers from one Church to another , as appears from the Act already cited , Num. 4. and by ane Act of the Assembly at Edenburgh , Iune 25. 1564. It is concluded , that a Minister , being once placed , may not leave that Congregation without the Knowledge of the Flock , and Consent of the Superintendent , or whole Church : ( i. e. a General Assembly ) So the Mss. had so Pet. (v) These are all powers , methinks , scarcely reconcileable with ane opinion of the Divine Right of Parity ; but there are more , and perhaps , more considerable , as yet to follow . For 17. He had power to nominate Ministers to be Members of the General Assembly . This is clearly asserted by the Acts of two General Assemblies : The first at Edenburgh , in Iune 1562. where it was ordained , That no Minister leave his Flock for coming to the Assembly , except he have complaints to make , or be complained of , or at least be warned thereto by the Superintendent . So 't is in the Mss. and Spotswood cites it in his Refutatio Libelli , &c. The other Act was made by the Assembly holden at Edenburgh , Iuly 1. 1563. which I find thus worded in the Mss. fairly agreeing with Spotswood . (x) Anent the Order hereafter to be used in General Assemblies — They all voted and concluded as followeth , viz. That if the Order already received , pleases not , by reason of the Plurality of Voices , it be reformed in this manner . First , That none have place to vote , except Superintendents , Commissioners appointed for visiting the Kirks , and Ministers brought with them , presented as persons able to reason , and having knowledge to judge ; with the aforenamed shall be joyned Commissioners of Burghs and Shires , together with Commissioners of Vniversities . Secondly , Ministers and Commissioners shall be chosen at the Synodal Convention of the Diocess , by Consent of the rest of the Ministers and Gentlemen , that shall conveen at the said Synodal Convention , &c. From which it is plain , that the Superintendent or Commissioner ( who was a temporary Superintendent ) nominated the Ministers they brought with them to the Assembly ; and that the rest of the Ministers , &c. had only a power of consenting ; and so it was , thereafter , practised unquestionably . And if there were need of more Light , it might be copiously received from the Lord Glamis his Letter to Mr. Beza , Anno 1576. wherein he tells him , that it had been the Custom , ever since the Reformation , that the Superintendents , or Bishops , still nominated the Ministers , who met in the General Assemblies , than which , nothing can be more distinct and plain . And this Testimony is the more considerable , that it was not Glamis his own private deed , but that which was the Result of a considerable Consult ; as we shall learn hereafter . This was such a Branch of Episcopal power as mightily offended our Presbyterian Historians , it seems , for they have endeavoured to obscure it as much as they could : Neither Calderwood nor Petrie mentions the first of these two Acts ; they mention the second , indeed , but how ? Calderwood (y) huddles it up thus , It was thought meet , for eschewing of Confusion , that this Order be followed — That none have place , nor power to vote , except Superintendents , Commissioners appointed for visiting of Kirks , Ministers , Commissioners of Burghs and Shires , together with the Commissioners of Vniversities . Ministers and Commissioners of Shires shall be chosen at the Synodal Convention of the Diocesses , with consent of the rest of the Ministers and Gentlemen , &c. Leaving out intirely these words [ brought with them ( i. e. with the Superintendents and Commissioners of Kirks ) presented as persons able to reason , and having knowledge to judge ] whereby the power of the Superintendents and Commissioners for visiting of Kirks , is quite stifled , and the whole sense of the Act perverted ; for what sense is it , I pray , to say that the Ministers were to be chosen by consent of the rest of the Ministers , when you tell not who was to choose , or who they were , to whose Choice or Nomination the rest of the Ministers were to give that consent ? But it is no strange thing with this Author to let sense shift for it self , if the good Cause cannot be otherwise served . Neither is Petrie less unfaithful , for , he not only draws the Curtain over the whole power of the Superintendent , &c. so that you cannot have the least Glimpse of it from his account ; But he intermixes lies to boot ; only he stumbles not on Nonsense . He accounts thus , (z) Because heretofore all Ministers , that would come , were admitted to vote ; ( not one word of this , in the Narrative of the Act , as it is in the Mss. or any other Historian ; and it is directly contrary to the Act 1562. already mentioned ; so that 't is plain it is a figment of his own ) And now the Number is increased , and Commissioners of Shires were chosen in the Sheriff Court ( no other Historian , or Record I have seen , has one syllable of this either , tho 't is probable enough it was so ) This Assembly makes ane Act of three parts , concerning the Admission of Members : 1. That none shall have place to vote , but Superintendents , Commissioners for visiting Churches , Ministers and Commissioners of Shires and Burghs , chosen as follows , together with Commissioners of Vniversities . 2. Ministers and Commissioners of Shires shall be chosen at the Synod of the Bounds , by the Ministers and Gentlemen conveening there , &c. Not , with the consent of the rest of the Ministers , &c. you see , as Calderwood ridiculously had it , but , chosen by the Ministers , &c. without the least syllable that might import the Superintendents having any ( and far less the principal ) power in that Election . This is clean work of it . Thus , I say , these two Historians of the Party treat this notable branch of the power which our Reformers thought reasonable to confer on Superintendents ; but we shall not want occasions enough , for admiring their ingenuity . Return we now to our task . 18. They had power to hold Diocesan Synods : Ordains further ( they are the words of ane Act of the Ass. holden in Decem. 1562. as 't is both in the Mss. and Pet. (a) ) That the Superintendents appoint Synodal Conventions twice in the year , viz. in the months of April and October , on such days of the said months as the Superintendents shall think good . Whereby two things appear , 1. That he had the sole appointment of the day of meeting . 2. That he alone was Praeses of the meeting ; indeed they are frequently , or rather constantly , called his Synods . 19. Superintendents had power , within their own bounds , to appoint Diocesan Fasts , granted to them , by ane Act of the Assembly holden at Edenburgh , March 5. 1570. For there it is enacted , That all Superintendents and Commissioners to plant Kirks , in their first Synodal Conventions , hereafter following , with the advice of their Ministers , shall reason and appoint publick Fasting , if it shall be thought necessary . So the Mss. and Petrie . (b) 20. Another considerable instance of the power of Superintendents , was that of modifying or assigning to Parish Ministers , their Stipends or Livings . This is clear from ane Act of the General Assembly , holden at Edenburgh on the seventh of Iuly 1569. as it is both in the Mss. and Petrie (c) wherein , The Kirk presently conveened found it most needful and expedient that all Superintendents , Ministers , Exhorters and Readers , should have their own particular Assignations ( out of the Thirds of Benefices , as shall be more fully discoursed hereafter ) appointed them , to be received from the hands of the Labourers respective , or others addebted in payment of the Thirds . And therefore the Kirk in one voice by this their Act , gave their full power and commission to every Superintendent and Commissioner , within their own bounds , with Advice and Consent of their Synodal Conventions , to give to every Minister , Exhorter and Reader , particular assignations ad vitam , as they should find the same expedient , under the Superintendents Subscription , and Ministers aforesaid , with all Clauses needful and expedient thereto ; which shall be as sufficient , as if the same were sped by the General Assembly of the Kirk ; and as concerning the Superintendents and Commissioners of Kirks , their Provision and Assignation to be made by the General Assembly . 21. Appeals were to be made to them from inferior Iudicatories . Thus , by the Assembly at Perth in Iune 1563. (d) Concerning the Order of Appellation , it is statuted and ordained , that , if any person find himself hurt , by any Sentence , given by any Minister , Elders or Deacons ( i. e. by any Kirk Session , as we call them ) It shall be lawful for the person so hurt , to appeal to the Superintendent of the Diocess , and his Synodal Convention , within ten days , next after ; and the said Superintendent shall take Cognition , whether it was well appealed or not , and give his sentence thereupon . 'T is true indeed , ( and it was reasonable ) by the same Act , the person , if he thought himself injured , by the Superintendents sentence , might appeal to the General Assembly . Nay , 22. If the Superintendent found it Male Appellatum he had power of Fining ; thus it is ordered by the same Assembly . If the Appellant justifies not his Appellation , before the Superintendent and his Convention aforesaid ; then the Superintendent shall impute a pain upon the said Appellant , as ●e shall think good , beside the expence of the party . That he had this power is all I am concerned for ; let others judge whether it was purely Ecclesiastical . And as the Superintendent had this power of receiving Appeals made from inferiour Courts , so agreeably 23. He had the power , with the advice of his Synod , or such of the Ministers of his Diocess as he should choose for that purpose , to determine intricate Cases of Conscience or Government . Thus , by the Assembly at Edenburgh , Decem. 25. 1564. (e) It is ordained , that no Questions be proponed by any Brother till the affairs of the Kirk , and the Order thereof be first treated and ended ; and thereafter , if any Brother have a Question , worthy to be proponed , that the same be presented in writ ; and if the same requires hasty Resolution , it shall be decided in the present Assembly before the end thereof ; otherwise , the Decision of the same shall be referred to every one of the Superintendents , within whose bounds the Question is proponed ; and they , and every one of them , with a certain number of Ministers , as they shall think meet to appoint , for assisting , shall hear the Reasonings of the aforesaid Questions , and thereafter present the Reasons in writ affirmative , or negative , which every one of them shall report to the next Assembly . Again , by the Assembly holden at Eden . in Iuly 1568. (f) It is statuted and ordained , that Ministers , Exhorters , Readers , or other persons , hereafter , trouble not , nor molest , the General Assembly , with such things as Superintendents may , and ought to decide in their Synodal Conventions ; and if any chance to do hereafter , in the contrary , their Letters shall be rejected . Which Act , as is obvious , extends both to Cases of Right and of Fact ; and extending to Cases of Fact , it clears a little further , the former Head of Appeals , intimating fairly , that they were not to be made per saltum , neither yet Delations ; but doth in their proper Gradation , were to be brought , first , before the Superintendent , and by him , only , if he thought it needful , to be advanced , before the General Assembly : But most home to the present point , is the Act of the Assembly March 5. 1571. (g) by which it is statuted , That all Questions be first proponed to Superintendents , or Commissioners , in their Synodal Conventions , and , there , receive Solution ; and if they think them too hard , that they bring them to the General Assembly ; but that no private Ministers bring Questions to the Assembly prima instantia . 24. It belonged to the Superintendents , particularly , to judge of Divorces ; a point of great intricacy , as well as importance : Thus , I find , the Assembly at Edenburgh , Decem. 25. 1562. ( as it is in the Mss. ) ordains , That no Ministers , nor others bearing Office in the Kirk , take in hand to cognosce or decide in the Actions of Divorcement , except the Superintendents , and they , to whom they shall give special Commission . 25. It was a branch of their power also to injoyn P●nnance to greater Criminals : So the General Assembly holden at Edenburgh , Iune 25. 1564. ( as it is in the Mss. ) where it is thus , Touching such as relapse the third time in any kind of crime , such as Fornication or Drunkenness , it is statuted and ordained , that no particular Minister admit such persons to Repentance , but that they send them to the Superin●endent of the Diocess , where the crimes are committed , with information ; who shall give them such injunctions , as they think may make the offence to be holden in horror ; but chiefly that they compel the Offender to satisfy where the Offences were made , more days than one , as the Superintendent shall think good . And by the Gen. Ass. at Eden . March 5. 1571. (h) It is ordained that Adulterers , and other such scandalous persons , shall hereafter be called by the Superintendent or Commissioner of the Province , to compear before their Synodal Convention , and there receive their injunctions . And accordingly we find the Custom of the Church in those times , particularly , in the Case of the Countess of Argyle , Anno 1567. She had been guilty of a mighty scandal in being present at the Christening of the Prince , ( afterwards , Iames the Sixth ) which was performed after the Popish manner ; she behoved therefore to give satisfaction to the Church : And was ordered to do it , by the General Assembly , in such manner , and at such time , as the Superintendent of Lothian , ( within whose bounds the Scandal was committed ) should appoint . So both Spot . and Pet. (i) 26. Another branch , was , to restore Criminals to the Exercises of their Offices , if they had any dependance on the Church , after they had performed their Pennance , and received Absolution . Thus Thomas Duncanson , Reader at Sterling , had fallen in the Sin of Fornication ; for this he was silenced : He had performed his Pennance , and was absolved . Then the Question was put to the General Ass. met at Eden . Decem. 25. 1563. Whither having made publick Repentance , he might be restored to his Office ? And the Assembly determined , He might not , till the Church of Stirling should make Request to the Superintendent for him . (k) 27. To the Superintendents was reserved the power of Excommunication , in Cases of Contumacy , &c. Thus it is statuted by the Gen. Ass. at Eden . Iuly 1. 1562. That in Cases of Contumacy the Minister give notice to the Superintendent , with whose advice Excommunication is to be pronounced . So the Mss. and both the Mss. and Petrie have another long Act of the Assembly holden at Eden . Sept. 25. 1565. to the same purpose . (l) 28. It belonged also to them to delate Atrocious Criminals to the Civil Magistrate , that condign corporal punishments might be inflicted on them . To this purpose , I find it enacted by a Convention of the Kirk ( as it is called in the Mss. ) met at Eden . Decem. 15. 1567. to wait on the motions of the Parliament , That Ministers , Elders and Deacons make search within their bounds , if the crimes of Incest or Adultery were committed , and to signify the same to the Superintendent , that he may notifye it to the Civil Magistrate . Such was the power of Superintendents in the Government of the Church , and her Discipline . But because , several things may have relation to the Church , tho not formally and directly , yet reductively , and by way of Analogical Subordination , their power extended even to these things also , I shall only instance in two . 29. Then , because Vniversities , Colleges and Schools , are the Seminaries of Learning , and by consequence Nurseries for the Ministry ; the power of Superintendents over them , was very considerable . Thus by the First Book of Discipline , Head 5. (m) if , e. g. The Principal , or Head of any College within the University of St. Andrews died , the Members of the College , being sworn to follow their Consciences , were to nominate three of the most sufficient men within the University : This done , the Superintendent of Pife , by himself , or his special Procurators , with the Rector and the rest of the Principals , were to choose one of these three , and constitute him Principal . And when the Rector was chosen , he was to be confirmed by the Superintendent , (n) by that same Book : And again , by that same Book (o) The Money collected in every College for upholding the Fabrick , was to be counted and employed at the sight of the Superintendent . Further , the Gen. Ass. conveened at Eden . Ian. 25. 1565. presented this Article in a Petition to the Queen , That none might be permitted to have charge of Schools , Colleges , or Vniversities , &c. but such as should be tryed by the Superintendents . So 't is in the Mss. 'T is true it was not granted at that time ; but it shews the inclinations of our Reformers , as much as if it had been granted . And because it was not granted then , it was proposed again in the Ass. in Iuly 1567. and consented to by the Nobility and Gentry , and ratified by the Eleventh Act of the First Parliament of King Iames the Sixth , in December , that same year . And accordingly we find the Laird of Dun. Superintendent of Angus and Mearns , in Iuly 1568. holding at Visitation of the University of Aberdeen , and by formal sentence turning out all the Popish Members . The very air and stile of the Sentence , as Petrie hath it (p) is a notable Evidence of the paramount power of Superintendents ; for thus it runs , I , John Areskin , Superintendent of Angus and Mearns , having Commission of the Church to visit the Sheriffdoms of Aberdeen and Bamf , by the Advice , Counsel , and Consent of the Ministers , Elders and Commissioners of the Church , present , decern , conclude , and for final Sentence pronounce , That Master Alexander Anderson , &c. 30. Because bad Principles may be disseminated by bad Books , and thereby both the Purity and Peace of the Church may be endangered ; the Revising and Licensing of Books was committed to the Care of the Superintendents , by the General Ass. holden in Iune 1563. whereby it is ordained , That No work be set forth in Print , neither yet published in Writ , touching Religion or Doctrine , until such time as it shall be presented to the Superintendent of the Diocess , and advised and approven by him , or by such as he shall call , of the most learned within his bounds , &c. (q) Thus I have collected no fewer than Thirty Disparities betwixt Superintendents , as they were established in Scotland , by our Reformers , and private Parish Ministers ; each of them a Demonstration of inequality either of power or figure ; perchance a more nice and accurate Enquirer may find out more : But methinks these may be sufficient for my purpose , which was to give the world a fair prospect of the Preheminence of Superintendents , and of the Differences betwixt them and other Churchmen . And having thus perform'd the first part of my Undertaking , it is obvious to all who can pretend to be of the thinking part of mankind , that the second part is needless . For if these 30 Disparities amount not to ane invincible proof , that our Church , at the Reformation , was not govern'd by Ministers acting in parity , I may justly despair of ever proving any thing . Yet because I know many simple and less thinking people , are imposed on by the Noise and Dust our Presbyterian Brethren have raised about this matter ; I shall proceed to the next thing I undertook , which was II. To dissipate these Mists , wherewith our Parity-men are so very earnest to involve and darken this Prelatical power of Superintendents . They may be reduced to these Three . 1. The Establishments of Superintendents was only temporary , and for the then Necessities of the Church ; Superintendency was not intended to be a perpetual standing Office. 2. It was not the same with Episcopacy . 3. It was never established by Act of Parliament . 1. 'T is pleaded that Superintendency was only design'd to be a temporary , not a perpetual standing Office in the Church . Thus Calderwood (a) speaking of the First Book of Discipline , we may safely say ( says he ) the whole was recommended to be perpetually observed , except some few things , as the Office of Superintendents — whereunto they were forced , as they thought , by necessity , &c. And in his Breviate of the first book of Discipline (b) he offers at a Reason why it was so . They make a Difference , at this time among Ministers , some to be Superintendents , some to be ordinary Ministers ; not because Superintendents were of divine institution , as ane Order to be observed perpetually in the Kirk , but because they were forced only , AT THIS TIME , to make the Difference , lest , if all Ministers should be appointed to make continual Residence in several places , when there was so great Rarity of Preachers , the greatest part of the Realm should be destitute of the preaching of the word : And G. R. in his first Vindication of the Church of Scotland , printed at Edenburgh 1691. in answer to the first of the ten Questions , following Calderwood exactly , ( as , indeed , he doth all alongst ; and it seems he has never read another of our Historians , so that he had some reason to call him , THE HISTORIAN , ibid. ) delivers it thus : 'T is true the Protestant Church of Scotland did set up Superintendents , but this was truly , ( and declared so to be ) from the Force of Necessity , and design'd only for that present Exigency of the Church , &c. And more pointedly in his true Representation of Presbyterian Government , printed at Edenburgh 1690. prop. 18. where he lays it down as ane undoubted truth , That Superintendency was only established throught necessity , when a qualified Minister could scarcely be had in a Province , &c. And Petrie seems to aim at the same way of Reasoning . Now (c) 1. Supposing all this true , what ground have they gained by it ? Do they not fairly acknowledge , that the Prelacy of Superintendents was established at the Reformation ? And is not that all I am concerned for ? For the Question is not whither Superintendency was design'd to be perpetual or temporary ? but whither it was a Prelacy ? And if it was a Prelacy , the Church of Scotland was not , then , govern'd by Ministers acting in parity . The Perpetuity , or Temporariness of it doth not affect its nature : If it was a Prelacy at all , it was as really a Prelacy , tho it had lasted but for a Day , as it had been , tho it had lasted till the Day of Iudgment . Just as our Presbyterian Brethren were as really Addressers to K. I. by addressing once , as they should have been , tho they had continued addressing to him till this very minute . This alone , in all conscience , might be enough for discussing this Plea. Yet , that I may not offend the Party , by seeming to think so meanly of this mighty argument ; I shall insist a little longer , and consider 2. If they have any sufficient Fund , in the Records of these times , for this pretence ? And 3. What Force or Solidity is in the reason insisted on to make this pretence seem plausible ? As to the first , viz. Whither there is any sufficient Fund in the Records of these times for this pretence ? All I have observed insisted on for this , is only one phrase in the fifth Head of the First Book of Discipline , AT THIS TIME . Take the whole period as it is in Petrie ; for he censures Spotswood for curtailing it . As Petrie has it , it runs thus . If the Ministers whom God hath endued with his singular Graces , among us , should be appointed to several places , there to make their continual Residence , the greatest part of the Realm should be destitute of all Doctrine ; which should not only be the occasion of great Murmur , but also dangerous to the Salvation of many ; and therefore we have thought it a thing expedient AT THIS TIME , That from the whole number of Godly and Learned Men , now , presently , in this Realm , be selected Ten or Twelve ( for in so many Provinces we have divided the whole ) to whom Charge and Commandment should be given to plant and erect Kirks , to set , order , and appoint Ministers to the Countries , that shall be appointed to their care , where none are now . (d) This is the whole foundation of the Plea , for the Temporariness of Superintendency ; but , if I mistake not , the true Gloss of this period , will amount to no more than this , That because there were , then , so few men qualified for the Office of Superintendency , tho Ten or Twelve were , by far , too small a number for the whole Kingdom , yet , at that time , they thought it expedient to establish no more : And tho , when the Church should be sufficiently provided with Ministers , it would be highly reasonable , that the Superintendents should have places appointed them , for their continual Residence ; yet , in that juncture , it was necessary that they should be constantly travelling thro their Districts , to preach and plant Churches , &c. That the period will bear this Gloss is obvious to any who considers it impartially . And that this , and not the Presbyterian , is the true Gloss , I hope , may competently appear , if these things be considered , 1. It is notorious , that the Compilers of that First Book of Discipline , were generally , to their dying day , of Prelatical Principles . They were six , as Knox tells us : (e) Mr. Iohn Winrame , who died Superintendent of Strathern ; Iohn Spotswood , who was many years a Superintendent , and a constant Enemy to parity , as appears from his Sons account of him . (f) Iohn Willock , who died Superintendent of the West . Iohn Dowglas , who died Archbishop of St. Andrews . Iohn Row , who was one of the three that defended the Lawfulness of Episcopacy , at the Conference appointed by the General Assembly 1575 ; and Iohn Knox , of whom we have said enough already . Now , I ask , is it credible , that these men , all , so much for Prelacy , all their Lives , without any constraint on them ( As 't is certain , there was none ) should , while digesting a Model of Policy , have been only for a Prelacy that was to be laid aside , within , God knows , how short a time ; so soon as the Parish Churches could be planted with Ministers ? I know nothing can be said here , unless it be , that Knox was not so prelatical as the rest , and he would have it so , and the rest have yielded : But there 's no ground for this . For 2. Even Knox himself , if he was the Author of the History which bears his Name , amongst our Presbyterian Brethren , assigns a quite other reason than the then Necessities of the Church , for the Establishment of Superintendency : Superintendents and Overseers were nominated ( says he ) (g) that all things in the Church , might be carried with order , and well . A Reason , which , as it held since the Apostles times , will continue to hold so long as the Church continues . And is it not told again in that same History , (h) That , at the Admission of Spotswood to the Superintendency of Lothian , Iohn Knox in his Sermon asserted , the Necessity of Superintendents or Overseers , as well as Ministers ? The Necessity , I say , and not the bare Expediency , in that juncture . Further , now that I have Knox on the Stage , I shall repeat over again , a Testimony of his , which I have once transcribed already from his Exhortation to England for the speedy embracing of Christs Gospel . Let no man be charged in preaching of Christ Iesus ( says he (i) above that which a man may do : I mean , that your Bishopricks be so divided , that of every one , ( as they are now for the most part ) may be made ten ; and so in every City , and great Town , there may be placed a godly learned Man , with so many joyned with him , for preaching and instruction , as shall be thought sufficient for the bounds commited to their Charge . Than which testimony , it is not possible to find a better Comment upon that period of the First Book of Discipline , ( penned also by Knox himself ) which is the subject of our present Controversie ; and it agrees exactly with my Gloss : For , from this Testimony it is clear , that he was for a great number of Bishops , and little Diocesses ; and that in a Church sufficiently provided with Ministers , the Bishop should not be obliged to travel from place to place , for preaching ; but might stay at the Chief City or Town of his Diocess . What I have said , might be sufficient for preferring Mine , to the Presbyterian Gloss : But I have more to say . For 3. This sense of the period accords exactly with the whole tenour of the First Book of Discipline ; in which , there 's not another syllable , the most partial Reader can say , favours the mistaken Conceipt about the Temporariness of Superintendency , but much to the contrary . Thus In the Head of the Election of Superintendents (k) the very first words are , Such is the present Necessity , that the Examination and Admission of Superintendents cannot be so strict as afterwards it must . Clearly importing , that , as Necessity forced them to establish a small number at first , so also , to take them as they could have them ; but that a stricter accuracy in their tryal would be needful , when the number of qualified men should increase , which runs quite counter to the whole design of the Presbyterian Gloss. Again , (l) If so many able men cannot be found at present , as Necessity requireth , it is better that these Provinces wait till God provide , than that men unable to edify and govern the Church be suddenly placed in the Charge , &c. Another Demonstration , why , at that time , they established so few Superintendents . Again , (m) If any Superintendent shall depart this life , or happen to be deposed , Rules are laid down for supplying the Vacancy . But to what purpose , if Superintendency was to be of so short continuance ? Farther yet , (n) After the Church shall be established , and three years are past , no man shall be called to the Office of a Superintendent , who hath not , two years , at least , given a proof of his faithful Labours in the Ministery of some Church . What could more plainly import , that the Office was to be durable ? Once more , (o) When this Book of Discipline comes to the business of the Vniversities , it supposes that Superintendents and Colleges were to be of equal continuance ; for the Superintendent was still to be at the choosing and installment of Principals and Rectors : and the Moneys collected for upholding the Fabrick , were to be counted yearly upon the 15th day of November , in the presence of the Superintendent of the bounds , and imployed with his advice , &c. Neither is this all yet ; For 4. The Form and Order of the Election of the Superintendent , to be found both in Knox's History , (p) and the Old Scottish Liturgy , is every way as patt for the continuance of the Office , as the First Book of Discipline . For the first thing we meet with there , ( as I have already observed ) is , The Necssity of Ministers , and Superintendents o● Oversecrs without any Exception or Speciality about the one more than the other . And as our Reformers had petitioned the Government for the Establishment of a Method , to be observed in the Election of Bishops and Presbyters , without any intimations of the Temporariness of either Office ; as we have shewed before ; so , here we find it put in practice ( as hath likewise , before , been observed ) without so much as one syllable , favouring the Presbyterian side of the present Controversie ; but on the contrary , all alongst for mine . Thus , The People are asked , If they will obey and honour him as Christs Minister , and comfort and assist him in every thing pertaining to his Charge ? And their Answer is , They will , and they promise him such Obedience , as becometh Sheep to give unto their Pastor , ( not so long as the present Necessity forceth , or , the present Exigence requireth , but ) so long as he remaineth faithful in his Charge . In short , the Order or Form for admitting a Superintendent , and a Parish Minister , was all one ; and there was nothing in it importing the one Office to be temporary , more than the other . And , however Calderwood thought fit to affirm , That Superintendents were not , then , established as of Divine Institution ; yet , in all this Form the divine Institution of their Office , is as much to be found as the divine Institution of Ordinary Ministers . The People , as we had it just now , were asked , if they would obey him as Christs Minister ? And he himself was asked , If he knew that the Excellency of this Office , to the which GOD CALLED HIM did require that his Conversation should be irreprehensible ? And again it was asked the People , Will ye not acknowledge this your Brother for the Minister of Christ Jesus ? Your Overseer and Pastor ? Will ye not maintain and comfort him in his Ministry and Watching over you , against all such as wickedly would rebel against God , and HIS HOLY ORDINANCE ? And in the Prayer after his Instalment , we have this petition , Send unto this our Brother , whom , IN THY NAME , we have charged with THE CHIEF CARE of thy Church within the bounds of Lothian , &c. Thus our Reformers thought of Superintendency when they composed this Form. Now , if they lookt upon it as Gods Ordinance , &c. with what reason can it be said , they design'd it meerly to be temporary , and for the , then , Necessities of the Church . I think it will be hard to prove , that it was the Divinity of these times , that men might dispense with divine Institutions ; but of this more afterwards . In the mean time , proceed we to a further , and indeed , ane irrefragable Topick for confirming my side of the present Controversie ; and that is 5. That , as the First Book of Discipline , and the Form of admitting Superintendents , do both fairly import , that our Reformers intended nothing less than the Temporariness of Superintendents , so 't is as clear from a vast number of Acts of General Assemblies . Most of these Acts I have already adduced for shewing the Disparities between Superintendents and Ordinary Ministers , when they are seriously considered , will be found uncontrovertibly to this purpose : But there are many more ; for example consider these following . The Assembly May 27 , 1561. (a) addressed to the Council , That special and certain provision might be made for the Maintenance of the Superintendents , Ministers , Exhorters and Readers ; and that Superintendents and Ministers might be planted where none were . The Assembly at Eden . Decem. 25. 1562. ( as the Mss. has it ) enacted , That , notwithstanding the proponing and nominating of the Superintendents for Aberdeen , Bamf , Jedburgh , and Dumfries , appointed before in the Third Session : and the days appointed for the Election of the same ; the further Advisement and Nomination of the persons should be remitted to the Lords of the secret Council ; providing , always , that the days appointed for their Election be not prolonged . Observe here that Aberdeen and Bamf were now design'd , each to have their Superintendent , whereas both were to be under one by the first Nomination , in the Book of Discipline ▪ One of the Articles ordered by the Assembly at Eden . Decem. 25. 1564. to be presented to the Queen , was , To require that Superintendents might be placed in the Realm , where none were , viz. in the Mers , Teviotdale , Forest Twedale , and the rest of the Dales , in the South , not provided ; with Aberdeen , and the other parts of the North , likewise destitute : So it is in the Mss. Petrie (b) has it only in short , That Superintendents be placed where none are . But as it is in the Mss. it shews plainly that , now that the Church was of four years standing , and the number of qualified men was increasing , the Assembly were for increasing , proportionably , the number of Superintendents : As is demonstrated thus ; by the Establishment in the First Book of Discipline , the Superintendent of Lothians Diocess comprehended the Sheriffdoms of Lothian , Stirling , Mers , Lauderdale , and Twedale . (c) Spotswood was set over this Diocess in March 1560 / 1. He was still alive , and in the Exercise of his Office ; and yet here , now , the Assembly craves that Superintendents may be placed in the Mers and Twedale , and the rest of the Dales . From which it follows , that that which was but one Diocess , Anno 1560. when qualified men were few , was design'd by the Assembly , Anno 1564. when the number of qualified men was somewhat increased , to be divided , at least , into three or four . Exactly agreeable to what I have all along asserted . In the Assembly at Eden . Iuly 20. Anno 1567. That famous Assembly , whereof Buchanan was Moderator , and which tumbled Queen Mary from her Throne , it was agreed , by the Nobility and Barons on the one hand , and the Church on the other , That all the Popish Clergy should be dispossessed , and that Superintendents , Ministers and other NEEDFUL MEMBERS of the Kirk , should be planted in their places . So it is in the Mss. and so Spotswood hath it : (d) But both Calderwood and Petrie , tho they mention the thing , yet , labour to obscure it ; for they do not so much as name Superintendents , far less , take notice that , they are reckoned amongst the Necessary Members , or were to succeed the Popish Bishops . (e) Farther , by the Ass. at Eden . Iuly 1. 1568. it is resolved , To advise with my Lord Regent his Grace and Council , that in the Rowms and Countreys where no Superintendents are , they may be placed . So the Mss. and Pet. (f) Nay Doth not Calderwood himself tell us , that , the Ass. holden at Eden . March 1. 1570. when it appointed the Order to be observed thereafter , in handling affairs brought before General Assemblies , ordained , in the sixth place , That the Complaints of Countreys for want of Superintendents should be heard and provided for , &c. (g) Further , doth not the same Calderwood record , that , when in the year 1574. the Superintendents of Angus , Lothian , and Strathern , would have dimitted their Office , the Assembly would not admit of their Dimission , but ordered them to continue in their Function ? (h) For what reason they offered to demit , perhaps , we shall learn hereafter . All I am concerned for at present is , that the Assembly would needs continue them in their Office now , fourteen years after the first legal Establishment of the Reformation . The truth is , this Assembly was holden in March , and Master Andrew Melvil , the Protoplast Presbyterian in Scotland , came not to the Kingdom , till Iuly thereafter . By this time , I think , I have made it appear , that our Reformers intended nothing less than to make Superintendency only temporary , and subservient to the then pretended Necessities of the Church . And likewise I have sufficiently made it appear , that it was merely for scarcity of qualified men , that so few Superintendents were at first design'd , by the First Book of Discipline ; which was the one half of my Gloss upon the controverted period in that Book . The other half , which was , that when once the Church was competently provided with Parish Ministers , the Superintendents were no longer obliged to their Evangelistical way of travelling constantly through their Diocesses , to preach , &c. is plain from what both Petrie and Spotswood agree in , as contained in the Book , viz. That they were to follow that method no longer than their Kirks were provided of Ministers , or , at least , of Readers . (i) Thus I have dispatched the first thing which was proposed to be enquired into , viz. Whither there was any sufficient fund in the Records of these times , for believing that our Reformers intended , that Superintendency should only be temporary . It remains now that we should consider the 2. viz. What Force or Solidity is in the reason insisted on by our Presbyterian Brethren , to make this pretence seem plausible ? The reason insisted on , by them , is , The Force of Necessity , there being so few men , then , qualified for the Ministery ; scarcely one in a Province , &c. Now who sees not that this so often repeated reason is intirely naught and inconsequential ? For , what tho , in these times , there were few qualified men for the Ministery ? How follows it , that therefore it was necessary to raise up Superintendents , and set them above their Brethren ? If the principles of parity had , then , been the modish principles , could not these few , who were qualified , have govern'd the Church , suitably to these principles ? Suppose we Twenty , Thirty , Forty men , in the Kingdom , qualified for the Office of the Ministery ; could not these 20 , or 30 , or 40 , have divided the Kingdom into a proportionable number of large Parishes ? And , still , as more men turn'd qualified , could they not have lessened these greater Parishes , till they had multiplied them to as great a number as they pleased , or was convenient ? It was easy to have done so : so very obvious , as well as easy , that , it is not to be doubted , they would have done so , if they had been of these principles . Why might not they have done so , as well as our Presbyterian Brethren , now adays , unite Presbyteries where they have a scarcity of Ministers of their Perswasion ? Where lies the impossibility of Vniting Parishes , more than uniting Presbyteries ? Indeed This way of reasoning is more dangerous than it seems our Presbyterian Brethren are aware of , for it quite cuts the sinews of Parity , and demonstrates irrefragably , that it cannot be the Model , our blessed Lord instituted for the Government of his Church . For who can believe he would institute a Model of Government for his Church , which could not answer the ends of its institution ? And is it not plain , that Parity cannot answer the ends for which Church Government was instituted , if the Church can be reduced to that State , that the Governors thereof , forced by Necessity , must lay it aside , and , for a time , establish a Prelacy ? Besides , What strange Divinity is it to maintain , that Parity is of divine Institution , and yet , may be laid aside in Cases of Necessity ? 'T is true G. R. in his True Representation of Presbyterian Government , cited before , is bold to publish to the world , such Divinity : But let him talk what he will of the Case of Necessity , the Force of Necessity , the Law of Necessity , let him put it in as many Languages as he pleases , as well as he hath done in Latin , telling , that Necessitas quicquid coegit , defendit : ( tho , I must confess , I have seen few Authors more unhappy at Latin ; ) And all that shall never perswade me , ought never perswade any Christian , that any Necessity can oblige Christians to forsake , far less , to cross Christs institutions ; for if it can oblige to do so in one Case , why not in all Cases ? Indeed to talk of crossing Christs institutions , when forced to it by the Laws of Necessity , what is it else , than to open a Door to Gnosticism , to Infidelity , to Apostacy , to all imaginable kinds of Antichristian Perfidy and Villany ? But enough of this at present . That which I am concerned for , is only this , that , being it was so very obvious and easy for our Reformers to have cast the very first Scheme of the Government of the Church , according to the Rules and Exigencies of Parity , if they had believed the divine and indispensable institution of it ; and being that they did it not , we have all the reason in the world to believe , that they believed no such principle . For my part , I am so far from thinking it reasonable , that Prelacy should be only needful , where there is a scarcity of men qualified to be Ministers ; that on the contrary I do profess , I am of opinion , that Prelacy seems to be every whit as needful and expedient , if not more , ( supposing we had it in our power to cut and carve ( as we say ) on Christs institutions ) where there are many , as where there are few Ministers . Sure I am , Experience hath taught so , and teaches so daily : and as sure I am , it can , with great reason , be accounted for , why it should be so ; but if it is so , I think , it is only help at a dead Lift ( as we say ) to say , that Superintendency was established at our Reformation , only , because of the Scarcity of men qualified to be Ministers . And so I proceed to our Brethrens next Plea , which is , SECONDLY , That Superintendency was not the same with Episcopacy . Calderwood assigns seven or eight differences between Superintendents and Bishops ; (a) and his faithful Disciple G. R. in his First Vindication , in answer to the first Question , resumes the same Plea , and insists mostly on the same Differences . Calderwood reckons thus , 1. In the Election , Examination and Admission of Ministers , the Superintendents were bound to the Order prescribed in the 4 th Head of the First Book of Discipline ; which is far different from the Order observed by Prelates . 2. Superintendents kept not the bounds , nor the limits of the old Diocesses . 3. Superintendents might not remain above twenty days in any place , till they had passed through the whole bounds ; must preach , at least , thrice in the week ; must stay no longer in the Chief Town of their Charge , than three or four Months at most , but must re-enter in Visitation of the rest of the Kirks in their bounds . Bishops think preaching the least of their Charge . 4. The Election , Examination , and Admission of the Superintendent , is set down far different from the Election , Examination and Admission of Bishops now adays , &c. 5. Superintendents were admitted without other Ceremonies than sharp Examination , &c. To the Inauguration of a Bishop is required the Metropolitans Consecrations . 6. There were no degrees of superior and inferior , provincial and general Superintendents : It is otherwise in the Hierarchy of the Prelates , &c. I have set down these six huge Differences , without ever offering to consider them particularly ; are they not huge Differences ? Behold them , examine them carefully ; is not each of them as essential and specifick as another ? Think not , courteous Reader , it was Malice or Ill-will to Episcopacy , made our Author muster up these Differences : These make but a small number ; if he had been acted by passion or vicious Byass , if his Malice had been vigorous and earnest to discharge it self that way ; he could have easily reckoned six hundred , every whit as considerable Differences : He might have told them , that Bishops wore Black Hats , and Superintendents Blue Bonnets ; that Bishops wore Silks , and Superintendents Tartan ; that Bishops wore Gowns and Cassocks , and Superintendents Trews and slasht Doublets ; and God knows , how many such differences he might have readily collected . And if he had adduced such notable differences as these , he had done every way as Philosophically , and as like a good Difference-maker . But in the mean time what is all this to Parity or Imparity amongst the Governors of the Church ? Do these differences , he has adduced , distinguish between Bishops and Superintendents as to preheminence of power , and the essentials of Prelacy ? Do they prove that Superintendents had no Prerogative , no Authority , no Jurisdiction , over Parish Ministers ? I have treated him thus coursly , because I know no other way of treatment Authors deserve , who will needs speak Nonsense rather than speak nothing . 'T is true indeed : One difference he has mentioned , which seems something material , and therefore I shall endeavor to account for it with some more seriousness . It is that by the Constitution , as we have it , both in the First Book of Discipline , and the Form and Order of electing Superintendents , Superintendents were made obnoxious to the Tryal and Censures of the Ministers within their own Diocesses . This I acknowledge to be true ; and I acknowledge further , that , herein , there was a considerable difference between them and Bishops ; as Bishops stood eminenced above Presbyters in the primitive times , and as they ought to stand eminenced above them in all well constituted Churches . But then I have these things to say , 1. I shall not scruple to acknowledge that , herein , our Reformers were in the wrong ; and that this was a great Error in the Constitution . I do avowedly profess , I don't think my self bound to justify every thing that was done by our Reformers : If that falls to any mans share , if falls to theirs who established this Article in the Claim of Right , which gave occasion to this whole Enquiry . That our Reformers , herein , were in the wrong , I say , I make no scruple to acknowledge ; and I think it cannot but be obvious to all , who have spent but a few thoughts about matters of Policy and Government . Indeed , to make Governours subject to the Censures and Sentences of their Subjects , what is it else than to subvert Government , to confound Relations , to sap the Foundations of all Order and politick Establishment ? It is ( as King Iames the sixth has it in his Discourse about the true Law of Free Monarchies , (b) and I cannot give it better ) to invert the Order of all Law and Reason ; to make the commanded , command the Commander ; the judged , judge their Iudge ; and them who are governed to govern , their time about , their Lord and Governour . In short , to give a just account of such a Constitution , it is very near of Kin , to that bantering Question I have sometimes heard proposed to Children or Ideots , If you were above me , and I , above you , which of us should , be uppermost ? I add further 2. That , as I take it , our Reformers put this in the Constitution , that they might appear consequential to a principle , then espoused and put in practice by them , about Civil Government ; which was , that the King was superior to his Subjects in their distributive , but inferior to them in their collective Capacity . † This principle , I say , in those days was in great Credit : Knox had learned it from the Democratians at Geneva ; his Authority was great , and he was very fond of this principle , and disseminated it with a singular zeal and confidence . Besides , our Reformers were , then , obnoxious to the civil Government ; the standing Laws were against them , and the Soveraigns perswasion , in matters of Religion , jumpt with the Laws . This Principle , therefore , ( had it been a good one ) came to them most seasonably ; and coming to them in such a nick , and withal , meeting , in them , with Scotch Mettal , † they put it in practice ; and being put in practice , God suffered it to be successful ; and the success was a new Endearment , and so it came to be a Principle of Credit and Reputation . Indeed , they had been very unthankful to it , and inconsequential to boot , if they had not adopted it into their Ecclesiastical , as well as their Civil Systeme ; and the Superintendents , having had a main hand in reducing it to practice against the Prince , could not take it ill if it was made a Law to themselves ; it was but their own measure . This , I say , I take to be the natural History of this part of the Constitution . Nay , 3. So fond , it seems , they were of this principle , that they extended it further , so far , as even to make Ministers accountable to their own Elderships . So 't is expresly established by the First Book of Discipline , Head 8. (c) The Elders ought also to take heed to the Life , Manners , Diligence and Study of their Minister : And if he be worthy of Admonition , they must admonish him ; if of Correction , they must correct him ; and if he be worthy of Deposition , they , with the Consent of the Church and Superintendent , may depose him . Here was a pitch of Democracy which , I think , our Presbyterian Brethren themselves , as self denied as they are , would not take with , so very kindly . And yet I am apt to believe , the Compilers of the Book , never thought on putting these Elders in a state of parity with their Ministers ; tho this is a Demonstration , that they have not been the greatest Masters at Drawing Schemes of Policy . But to let this pass . 4. Tho this unpolitical stroke ( to call it no worse ) was made part of the Constitution by that Book , as I have granted ; yet I have no where found , that ever it was put in practice . I have no where found , that De Facto a Superintendent , was judged by his own Synod ; whether it was , that they behaved so exactly , as that they were never censureable , or that their Synods had not the insolence to reduce a Constitution so very absurd , and unreasonable , to practice , I shall not be anxious to determine . But it seems probable it has been as much , if not more , upon the latter account than the former ; for I find Superintendents frequently tried , and sometimes censured by General Assemblies ; and there was reason for it , supposing that General Assemblies , as then constituted , were fit to be the supreme Judicatories of the National Church : For there was no reason that Superintendents should have been Popes , i. e. absolute and unaccountable ; so that , if I am not mistaken , our Brethren raise Dust , to little purpose , when they make so much noise about the Accountableness of Superintendents to General Assemblies , as if that made a difference between them and Bishops : For I know no man that makes Bishops unaccountable , especially when they are confederated in a National Church . But this by the way : That which I take notice of is , That seeing we find they were so frequently tried by General Assemblies , without the least intimation of their being , at any time , tried by their own Synods , it seems reasonable to conclude , that it has been thought fit to let that unreasonable Stretch in the first Constitution fall into Dissuetude : But however this was , I have all safe enough . For 5. Such a Constitution infers no such thing as parity amongst the Officers of the Church . Those who maintain , that the King is inferiour to his Subjects , in their Collection , are not yet so extravagant as to say , he is not superior to every one of them in their Distribution : They acknowledge he is Major Singulis ; and there 's not a person in the Kingdom , who will be so unmannerly as to say , that he stands upon the same Level with his Soveraign . But what needs more ? These same very Presbyterian Authors , who use this Argument , even while they use it , confess , That Superintendents , and ordinary Parish Ministers , did not act in parity ; and because they cannot deny it , but must confess it , whether they will or not , they cannot forbear raising all the Dust they can about it , that unthinking People may not see clearly that they do confess it . And had it not been for this reason , I am apt to think , the world had never been plagued with such pitiful jangle , as such Arguments amount to . Neither is the next any better , which is , 3. That Superintendency was never established by Act of Parliament . This is G. R.'s Argument in his learned Answer to the first of the ten Questions ; for there he tells us , That Superintendency was neither brought in , nor cast out , by Act of Parliament . And what then ? Doth he love it the worse that it was established , purely , by Ecclesiastical Authority ? How long since he turn'd ●ond of Parliamentary Establishments ? I wonder he was not affraid of the Scandal of Erastianism . But to the point : 'T is true indeed , it was not brought in by Act of Parliament ; but then , I think , he himself cannot deny , that it was countenanced , allowed and approven , by more than half a Dozen of Acts of Parliaments ; which , if our Author understands any thing either of Law or Logick , he must allow to be , at least , equivalent to a Parliamentary In-bringing . I have these Acts in readiness to produce , when I shall be put to it : But I think his own Act which he cited ( tho most ridiculously , as shall be made appear afterwards ) in the immediately preceeding paragraph , may be good enough for him . For , He concludes it as evident , that Episcopal Jurisdiction over the Protestants , was condemned by Law in the Parliament 1567. because it is , there , statute and ordained , that no other Iurisdiction Ecclesiastical be acknowledged within this Realm , than that which is , and shall be , within this same Kirk , established presently , or which sloweth therefrom , concerning preaching the Word , correcting of Manners , administration of Sacraments ; and Prelatical Jurisdiction was not then in Scotland . So he reasons . Now I dare adventure to refer it to his own judgment , whither it will not , by the same way of reasoning , follow , and be as evident , that the Iurisdiction of Superintendents was allowed of , by this same Act , seeing he himself cannot have the Brow to deny , that it was , then , in its vigor , and daily exercised ? I think this is Argument good enough , ad hominem ; But , as I said , we shall have more of this Act of Parliament hereafter . Thus I have dispelled some of these clouds our Presbyterian Brethren use to raise about the Prelacy of Superintendents ; perhaps there may be more of them , but , considering the weakness of these , which , certainly , are the strongest , it is easy to conjecture what the rest may be , if there are any more of them . And thus , I think , I have fairly accounted for the Sentiments of our Reformers , in relation to Parity or Imparity amongst the Governors of the Church , during the First Scheme into which they cast the Government of the Church . BEFORE I proceed to the next , I must go back a little , and give a brief Deduction of some things which may afford considerable Light , both to what I am now to insist on , and what I have insisted on already . Tho I am most unwilling to rake into the Mistakes or Weaknesses of our Reformers , yet I cannot but say , that our Reformation was carried on , and , at first established upon some principles , very disadvantageous to the Church , both as to her Polity and Patrimony . There were Mistakes in the Ministers on the one hand , and sinister and worldly designs amongst the Laity , on the other : and both concurred unhappily , to produce Great Evils in the Result . There was a principle had , then , got too much sooting amongst some Protestant Divines , viz. That the best way to reform a Church , was to recede as far from the Papists as they could ; to have nothing in common with them , but the Essentials ; the necessary and indispensable Articles and Parts of Christian Religion ; whatever was , in its nature indifferent , and not positively and expresly commanded in the Scriptures , if it was in fashion in the Popish Churches , was therefore to be laid aside , and avoided as a Corruption ; as having been abused , and made subservient to Superstition and Idolatry . This principle Iohn Knox was fond of , and maintained zealously ; and the rest of our reforming Preachers were much acted by his Influences . In pursuance of this principle , therefore , when they compiled the First Book of Discipline , they would not reform the Old Polity , and purge it of such Corruptions as had crept into it , keeping still by the main Draughts and Lineaments of it ; which undoubtedly had been the wiser , the safer , and every way the better course , as they were then admonisht , even by some of the Popish Clergy : (a) But they laid it quite aside , and instead thereof hammered out a New Scheme , keeping at as great a distance from the Old one , as they could , and as the Essentials of Polity would allow them ; establishing no such thing , however , as Parity , as I have fully proven . And no wonder ; for as Imparity has , obviously , more of Order , Beauty and Vsefulness in i●● Aspect , so it had never , so much as by Dreaming , entered their Thoughts , that it was a Limb of Antichrist ; or a Relique of Popery . That our Reformers had the aforesaid principle in their view , all alongst , while they digested the First Book of Discipline , is plain to every one that reads it . Thus , In the First Head , they condemn Binding Men and Women to a several and disguised Apparel ; to the superstitious observing of Fasting Days — Keeping of holy days of certain Saints , commanded by Man , such as be all these THE PAPISTS HAVE INVENTED , as the Feasts of the Apostles , Martyrs , Christmas , &c. (b) In the Second Head , The Cross in Baptism and Kneeling at the Reception of the Symbols , in the Eucharist . In the Third Head , they require not only Idolatry , but all its Monuments and Places to be suppressed ; and amongst the rest , Chappels , Cathedral Churches , and Colleges , i. e. as I take it , Collegiate Churches . And many other such instances might be adduced ; particularly , as to our present purpose : They would not call those , whom they truly and really , stated in a Prelacy above their Brethren , Prelates or Bishops , but Superintendents : They would not allow of Imposition of hands in Ordinations : They made Superintendents subject to the Censures of their own Synods ; they changed the bounds of the Diocesses ; they would not allow the Superintendents the same Revenues which Prelates had had before : They would not suffer Ecclesiastical Benefices to stand distinguished as they had been formerly ; but they were for casting them all , for once , into one heap , and making a new Division of the Churches Patrimony , and parcelling it out in Competencies , as they thought it most expedient . In short , A notable instance of the prevalency of this principle we have , even in the year 1572. after the Restauration of the Old Polity was agreed to . For , then , by many in the General Assembly , Exceptions were taken at the Titles of Archbishop , Dean , Arch-Deacon , Chancellor , Chapter , &c. as being Popish Titles , and offensive to the Ears of good Christians ; (c) As all Historians agree . Bu● then , As they were for these and the like alterations , in pursuance of this principle ; so they were zealous for , and had no mind to part with , the Patrimony of the Church . Whatever had been dedicated to Religious Uses ; whatever , under the notion of either Spirituality or Temporality , had belonged to either Seculars or Regulars , before , they were positive , should still continue in the Churches hands , and be applied to her Maintainance and Advantages ; condemning all Dilapidations , Alienations , Impropriations , and Laick Usurpations , and Possessions of Church Revenues , &c. as is to be seen fully in the Sixth Head of the Book . (d) Thus , I say , our Reformers had digested a New Scheme of Polity , in the First Book of Discipline , laying aside the Old one , because they thought it too much Popish . And now that we have this Book under consideration , it will not be unuseful ( nay it will be needful for a full understanding of what follows ) to fix the time when it was written . Knox ( and Calderwood follows him ) says , (e) it was written after the Dissolution of the Parliament , which sate in August 1560. and gave the legal Establishment to the Reformation . But Petrie (f) says , it is expresly affirmed in the beginning of the Book it self that the Commission was granted for compiling it on the 29th of April , 1560. and that they brought it to a Conclusion , as they could for the time , before the 20th of May ( a short enough time , I think , for a work of such importance . ) So Petrie affirms , I say , and it is apparent he is in the right ; for , his account agrees exactly with the First Nomination of Superintendents , which both Knox and Spotswood affirm to have been made in Iuly , that year . (g) And , besides , it falls in naturally with the Series of the History ; for the Nobility and Gentry's having seen the Book , and considered it before the Parliament sate , according to this account , makes it fairly intelligible , how it was intirely neglected , or rather rejected , not only , so far , as that it was never allowed of nor approven by them , as we shall learn by and by ; but , so far , that , in that Parliament no provision , at all , was made for the Maintainance and Subsistence of the Reformed Ministers . For understanding this more fully , yet , It is to be considered , that there had been Disceptations and Controversies the year before , viz. 1559. about the Disposal of the Patrimony of the Church . This I learn from a Letter of Knox's to Calvin , ( dated August 28. 1559. to be seen amongst Calvin's Epistles , Col. 441. ) wherein he asks his sentiments about this question , Whither the yearly Revenues might be payed to such as had been Monks and Popish Priests , even tho they should confess their former errors , considering that they neither served the Church , nor were capable to do it ? And tells him frankly , that he had maintained the negative , for which he was called too severe , not only by the Papists , but even by many Protestants . From which 't is plain , not only that there were , then , Controversies about the Disposal of the Patrimony of the Church , as I have said , but also , that Knox ( and by very probable consequence , the Protestant Preachers , generally ) was clear , that the Ecclesiastical Revenues had been primarily destinated to the Church for the ends of Religion ; and therefore whatever person could not serve these ends , could have no just Title to these Revenues : By which way of reasoning , not only ignorant Priests and Monks , but all Lay men whatsoever , were excluded from having any Title to the Patrimony of the Church . Now , While this Controversie was in agitation , as to point of Right , the Guise was going against Knox's side of it , as to matter of Fact. For , in the mean time , many Abbeys and Monasteries were thrown down , and the Nobility and Gentry were daily possessing themselves of the Estates that had belonged to them ; and so before the First Book of Discipline , ( which was Knox's performance , and so , no doubt , contain'd his principle ) was compiled , they were finding that there was something sweet in sacrilege , and were by no means willing to part with what they had got , so fortunately , as they thought , in their Fingers . Besides , They foresaw , if Knox's project took place , several other , which they judged considerable , inconvenients would follow : If the Monks and Priests , &c. who acknowledged their former errors , should be so treated , what might they expect , who persisted in their adherence to the Romish Faith and Interests ? Tho they were blinded with Superstition and Error , yet they were Men , they were Scottish men ; nay they were generally of their own Blood , and their very near Kinsmen : And would it not be very hard to deprive them intirely of their Livings , and reduce them , who had their Estates settled upon them by Law , and had lived so plentifully and so hospitably , to such ane Hopeless State of Misery and Arrant Beggary ? Further , by this Scheme , as they behoved to part with what they had already griped , so their Hopes of ever having opportunity to profit themselves of the Revenues of the Church , thereafter , were more effectually discouraged , than they had been even in the times of Popery : The Popish Clergy , by their Rules , were bound to live single , they could not marry , nor , by consequence , have lawful Children to provide for . The reformed , as the law of God allowed them , and their Inclinations prompted them , indulged themselves the Solaces of Wedlock , and begot Children , and had Families to maintain and provide for ; there were no such Expectations , therefore , of easy Leases , and rich Gifts , and hidden Legacies , &c. from them , as from the Popish Clergy . Add to this , the Popish Clergy foresaw the Ruine of the Romish Interests ; they saw no likelihood of Successors , of their own Stamp and Principles . They had a mighty spite at the Reformation . It was not likely , therefore , that they would be anxious what became of the Patrimony of the Church , after they were gone . It was to be hoped they might squander it away , dilapidate , alienate , &c. without difficulty ; ( as indeed they did ) And who but themselves ( the Laity ) should have all this gain ? Upon these and the like Considerations , I say , the Nobility and Gentry had no liking to the First Book of Discipline ; And being once out of Love with it , it was easy to get Arguments enough against it : The Novelties , and the numerous needless Recessions from the Old Polity , which were in it , furnished these both obviously and abundantly . So it was not only not established , but , it seems , the Nobility and Gentry , who have ever the principal sway in Scottish Parliaments , to let the Ministers find how much they had displeased them , by such a Draught , resolved to serve them a Trick . Indeed they served them a monstrous one ; for tho in the Parliament , 1560. they established the Reformation , as to Doctrine and Worship , &c. and by a Legal Definition , made the Protestant the National Church , yet they settled not so much as a Groat of the Churches Revenues upon its Ministers , but continued the Popish Clergy , during their Lives , in their possessions . 'T is true , indeed , thro the importunity of I. Knox , and some others of the Preachers , some Noblemen and Gentlemen subscribed the Book in Ianuary 1560 / 1. (h) But as they were not serious , as Knox intimates , so , they did it with this express provision ( apparently levelled against one of the main designs of the Book ) That the Bishops , Abbots , Priors , and other Prelates , and Beneficed Men , who had already joyned themselves to the Religion , should enjoy the Rents of their Benefices , during their Lives , they sustaining the Ministers for their parts , &c. But it was never generally received ; on the contrary it was treated in Ridicule , and called a DEVOVT IMAGINATION , which offended Knox exceedingly . (i) Nay , it seems , the Ministers themselves were not generally pleased with it , after second thoughts , or , The Laity have been more numerous in the General Assembly holden in December 1561. For ( as Knox himself tells us (k) ) when it was moved , there , that the Book should be offered to the Queen , and her Majesty should be supplicated to ratify it , the Motion was rejected . The Reformation thus established , and through the Badness , or , at least , the Disagreeableness of the Scheme laid down in the Book on the one hand , and the Selfish and Sacrilegious Ends of the Laity on the other , no provision made for the Ministers ; it was unavoidable that they should be pincht . And pincht they were , indeed , to purpose ; For , for full Eighteen or Nineteen Months , after the Reformation was established by Law , they had nothing to live by , but Shift or Charity ; and , which heightned the Misery , all this time of Want , they had little or no prospect of the end of it : For when a Parliament , so much Protestant , as in the Queens absence , to establish the Purity of Doctrine , &c. had treated them so unkindly , what was to be expected , now that she was at home , every inch Popish , and zealously such ? Tho a Parliament should now incline to pity them , yet how could it meet ? Or what could it do without the Soveraigns Allowance ? And what ground had they to hope that she would be friend them ? Indeed , nothing was to be attempted that way ; it was not to be expected that the Popish Clergy should be dispossessed of the Revenues of the Church , and the Reformed entituled to them , by Act of Parliament . Another project was to be fallen upon . The Project fallen upon was , That the Council , then , intirely Protestant , should deal with the Queen to oblige the Popish Clergy , Possessors of the Benefices , to resign the Thirds of them , into her Majesties hands , that they might be a fond for the Maintainance of the Protestant Ministers , The Nation was , then , generally Protestant , and that Interest was too strong for the Queen , so that they were not to be too much provokt : Besides , one Argument was used which prevailed much with her Majesty . The Revenues of the Queen were , then , very low , and she loved to spend ; and pains were taken to perswade her that , beside what would be subsistence enough for the Ministers , she would be sure to have what might considerably relieve her own Necessities . This was a taking proposition , so , the project succeeded . The Popish Clergy were put to it , and resign'd the Thirds . (l) Collectors were appointed to bring them in to the Exchequer : The Ministers , were , thence , to receive their Allowances . Well! Were they well enough provided now ? Alas ! Poor Men ! It was but little that was pretended to be provided for them ; the Thirds of these Benefices which the Laity had not already swallowed : And yet far less was their real portion . They found by sad experience that it was not for nothing , that the Thirds were ordered to be brought into the Queens Treasury . For when they came to be divided , how mean were their Allotments ? Ane hundred Merks Scottish , i. e. about 5 l. 11 sh. English , to ane ordinary Minister in the Country . Three hundred ( saith Knox (m) ) was the highest that was appointed to any , except the Superintendents , and a few others . All this , the Ministers , indeed , resented highly . Iohn Knox (n) said publickly in his Sermon , If that Order for maintaining the Ministers ended well , his judgment failed him — for he saw two parts freely given to the Devil , ( the Popish Clergy ) and the third must be divided betwixt God and the Devil , i. e. betwixt the Protestant Ministers , and the Popish Queen . And , no doubt , her Share was truely considerable . But neither did the Misery end here : As poor as these small Pittances were , they could not have them either seasonably , or fully paid . The Thirds came in but slowly , and the Queens Necessities behoved to be first served ; by which means , the Ministers were forced to wait , many times , very long , for their Money : And , sometimes , to take little , rather than want all : In short , their sense of the treatment they met with was so lively , that this turn'd to a Proverb , amongst them : The Good Laird of Pittaro was ane Earnest Professor of Christ ; but the Great Devil receive the Controller . (o) Thus , poor Men ! they were hardly treated : they had great Charges , and a weighty Task ; and they were ill provided , and worse paid . This bred them much work in their Gen. Assemblies : For , scarcely did they ever meet , but a great part of their time was spent in forming Petitions , and importuning the Government for Relief of their Necessities ; but all in vain , they were never the better , no not so much as heard , almost , till Iuly 1567. Then , the Nobility and Gentry , resolved to lay aside the Queen from the Government , and finding it necessary to have the Ministers of their side , began to bespeak them a little more kindly . Then , indeed , it was made the Second Article of that League , into which they entered , That the Act already made ( by the Queen and Council ) concerning the Thirds of the Benefices within this Realm , principally , for sustaining the Ministers , should be duely put in Execution , according to the Order of the Book of the Appointment of Ministers Stipends , as well of them that are to be appointed , as of them who are already placed , and that the Ministers should be first duely answered , and sufficiently sustained , of the same , to the Relief of their present Necessity , ay and while a perfect Order might be ta'ne , and established , towards the full Distribution of the Patrimony of the Kirk , according to Gods word , &c. So I read in the Mss. and Spotswood (p) has the same upon the matter . But this was not all , Burnt Bairns Fire dread . The Ministers sensible , it seems , of the mean and uncertain way of Living , they had had before , resolved now to make the best advantage they could of that opportunity ; and so they obtain'd this likewise for another Article of that Confederacy , and the Nobility promised , That how soon a lawful Parliament might be had , or that the Occasion might otherwise justly serve , they should labour at their uttermost , that the Faithful Kirk of Iesus Christ , professed within this Realm , might be put in full Liberty ( i. e. possession ) of the Patrimony of the Kirk , according to the Book of God , and the Order and Practice of the Primitive Kirk , and that nothing should pass in Parliament , till the Affairs of the Kirk were first considered , approved and established ; and also , that they should reform themselves , in the Matters of the Church , for their own parts ; Ordaining the Contraveeners and Refusers of the same to be secluded from the Bosom of the Kirk , &c. So the Mss. and Spotswood also . (q) Here were fair promises indeed ! Were not the Ministers well enough secured now ? Was not the Patrimony of the Church , now , to run in its Right Channel ? Alas ! All promises are not performed . No sooner had these Nobles and Barons carried their main point , which was the dethroning of the Queen , ( to which also the Ministers were forward enough ) than they quite forgot their promises . For , tho the Parliament met in December , thereafter , and tho the Restitution of the Patrimony of the Church was promised to be the first thing that should be done in Parliament , yet nothing like performance ! Nay , tho ane Act was made for putting the Articles about the Thirds in Execution ; yet , the Ministers were forced to wait long enough , before they found the effects of it . In short , they continued in the same straits they had been in before , for full two years thereafter , that is , till Iuly 1569. at which time , I find by the Mss. and Mr. Petrie (r) the Church was put in possession of the Thirds ; for which their Necessities made them very thankful , as appears from the Narrative of ane Act of their Assembly at that time , which runs thus , as I find it in the Mss. For asmuch as this long time by gone , the Ministers have been universally defrauded and postponed of their Stipends , and , now , at last , it hath pleased God to move the hearts of the superiour power , and the Estates of this Realm , &c. A Narrative , which , it is probable , they would not have used when the Thirds were , at first , projected for their Maintainance : Sure , I am , of a quite different strain from Knox's Resentment , which I mentioned before . But by this time , Experience had taught them to thank God for little ; and that it was even Good to be getting something . However , All this while they continued still to have the same sentiments concerning the Patrimony of the Church ; that , unless God by immediate Revolution , should dispense with her Right , it belong'd to her unalienably ; that it was abominable Sacriledge to defraud her of it ; and that neither Church nor State could be happy so long as it was so much in the hands of Laicks . And as they had still these sentiments , ( and no wonder , so long as they had any sense of Religion ) so , they were still using their best endeavours , trying all experiments , and watching all opportunities to bring the Nobility and Gentry to a reasonable Temper ; and to put the Church in possession of her undoubted Revenues ; but all in vain . On the contrary , these Leeches having once tasted of her Blood , were thirsting still for more , and daily making farther Encroachments . For A Parliament met in August 1571 , and made ane Act , obliging all the Subjects , who in former times , had held their Land and Possessions of Priors , Prioresses , Convents of Friers and Nuns , &c. thereafter to hold them of the Crown . This was ane awakening , ane allaruming Act. These who , heretofore , had possest themselves of the Churches Patrimony , had done it by force , or by connivance ; without Law , and without Title ; so there were still hopes of recovering what was possest so illegally . But this was to give them Law on their side ; As things stood then , it would be easy to obtain Gifts , now , that the King was made immediate Superiour ; and then , there was no recovering of what was thus colourably possessed . So , I say it was ane awakening Act of Parliament ; and indeed it rouzed the Spirits of the Clergy , and put them in a quicker motion . Now they began to see the Error of Drawing the New Scheme of Polity in the First Book of Discipline , and receding from the Old one : Now they perceived sensibly that , that making of a New one , had unhinged all the Churches Interests , and exposed her Patrimony , and made it a Prey to the Ravenous Laity ; and that it was therefore , time , high time , for them to bethink themselves , and try their strength and skill , if possibly a stop could be put to such notorious Robbery . (s) And so I am fairly introduced to THE SECOND MODEL into which the Government of the Church was cast , after the publick Establishment of the Reformation . For The General Assembly of the Church , meeting at Stirling , in that same month of August 1571. Gave Commission to certain Brethren , to go to the Lord Regent his Grace , and to the Parliament , humbly to request and desire , in Name of the Kirk , the granting of such Heads and Articles , and redress of such Complaints , as should be given to them by the Kirk , &c. So it is in the Mss. and so Spotswood and Petrie have it . (t) Before I proceed , there is one seeming difficulty which must be removed ; it is , that this General Assembly met before the Parliament . How then could it be that Act of Parliament which so awakened them ? But the Solution is easy . In those times , Parliaments did not sit so long as they are in use to do now ; but all things were prepared , and in readiness , before the Parliament met . Proclamation was made a month , or so , before the Parliament was to meet , requiring all Bills to be given in to the Register , which were to be presented in the succeeding Session of Parliament , that they might be brought to the King , or Regent , to be perused and considered by them , and only such as they allowed were to be put into the Chancellors hands to be proponed to the Parliament , and none other , &c. Whoso pleases may see this account given by King Iames the Sixth of Scotland , and First of England , to his English Parliament , in his Speech dated 1607. Indeed the thing is notorious , and Calderwood himself gives a remarkable instance of this method , (u) for he tells how , in the end of April , or beginning of May 1621. A Charge was published by Proclamation , commanding all that had Suits , Articles , or Petitions to propone to the Parliament , to give them into the Clerk of the Register before the twentieth day of May , that by him they might be presented to so many of the Council , who were appointed by his Majesty to meet , some days before the Parliament , and to consider the said Bills , Petitions and Articles with Certification , that the same should not be received , read , nor voted in Parliament , except they were passed under his Highness hand . And yet the same Calderwood tells us , (v) That the Parliament was not appointed to meet till the Twentieth and Third of Iuly ; so that here were two full months between the giving in of the Bills , &c. and the Meeting of the Parliament . This being the Custom in those times , it is easy to consider how the General Assembly , tho it met some days before the Parliament , might know very well what was to be done in Parliament ; for if this Bill was allowed by the then Regent to be presented , there was no doubt of its passing . And that it was very well known what the Parliament was to do in that matter , may be further evident from Iohn Knox's Letter directed , at that time , to the General Assembly , wherein he is earnest with them , that with all Vprightness and Strength in God , they gainst and the mercyless Devourers of the Patrimony of the Church , telling them , that if Men will spoil , let them do it to their own Peril and Damnation ; but it was their Duty to beware of communicating with their sins , but by publick protestation to make it known to the world , That they were innocent of Robbery , which would , e're long , provoke Gods Vengeance upon the Committers , &c. From which nothing can be clearer , than that he had a special eye to that which was then in agitation , and to be done by the Parliament . (*) Having thus removed this seeming difficulty , I return to my purpose . The Earl of Lennox was , then , Regent : He was murthered in the time of the Parliament : So , at that time , things were in confusion , and these Commissioners from the General Assembly could do nothing in their business . The Earl of Mar succeeded in the Regency ; Application was made to him . It was agreed to between his Grace , and the Clergy who applied to him , that a Meeting should be kept between so many for the Church , and so many for the State , for adjusting matters . For this end , ane Assembly was kept at Leith , on the 12 of Ianuary 1571 / 2. By this Assembly , Six were delegated to meet , with as many to be nominated by the Council to treat , reason and conclude , concerning the Settlement of the Polity of the Church . After diverse Meetings , and long Deliberation , ( as Spotswood has it , (w) ) they came to an Agreement , which was , in effect , That the Old Polity should revive , and take place ; only with some little alterations , which seemed necessary from the Change that had been made in Religion . Whoso pleases may see it more largely in Calderwood , (x) ( who tells us , that the whole Scheme is Registred in the Books of Council ) more briefly , in Spotswood and Petrie (y) In short , It was a Constitution , much the same with that , which we have , ever since , had , in the times of Episcopacy . For by this Agreement , those who were to have the Old Prelatical power , were also to have the Old Prelatical Names and Titles , of Archbishops and Bishops ; the Old Division of the Diocesses was to take place ; the Patrimony of the Church was to run , much , in the Old Channel ; particularly , express provision was made concerning Chapters , Abbots , Priors , &c. That they should be continued , and enjoy their Old Rights and Priviledges , as Churchmen ; and , generally , things were put in a regular Course . This was the Second Model ( not a new one ) of Polity , established , in the Church of Scotland , after the Reformation ; at a pretty good distance , I think , from the Rules and Exigencies of Parity . The truth is , both Calderwood and Petrie acknowledge , it was Imparity , with a witness . The thing was so manifest , they had not the brow to deny it ; all their Endeavours are only to impugne the Authority of this Constitution , or raise Clouds about it , or find Weaknesses in it . So far as I can collect , no man ever affirmed , that , at this time , the Government of the Church of Scotland was Presbyterian , except G. R. who is truly singular for his skill in these matters : But we shall have , some time or other , occasion to consider him . In the mean time let us consider Calderwood's and Petrie's Pleas against this Establishment . They may be reduced to these four . 1. The Incompetency of the Authority of the Meeting at Leith , in January 1571 / 2. 2. The Force which was , at that time , put upon the Ministers by the Court , which would needs have that Establishment take place . 3. The Limitedness of the power , then , granted to Bishops . 4. The Reluctancies which the subsequent Assemblies discovered against that Establishment . These are the most material Pleas , they insist on , and I shall consider , how far they may hold . The 1. Plea is , the Incompetency of the Authority of the Meeting at Leith , Ian. 12. 1571 / 2. which gave Commission to the Six for agreeing with the State to such ane Establishment . It is not called ane Assembly , but a Convention , in the Register . The ordinary Assembly was not appointed to be holden till the 6 th of March thereafter . (a) As it was only a Convention , so it was in very great haste , it seems , and took not time to consider things of such importance , so deliberately , as they ought to have been considered . (b) It was a corrupt Convention , for it allowed Master Robert Pont , a Minister , to be a Lord of the Session . (c) These are the Reasons they insist on to prove the Authority of that Meeting incompetent . And now to examine them briefly . When I consider these Arguments , and for what end they are adduced , I must declare , I cannot but admire the Force of prejudice and partiality , how much they blind mens Eyes , and distort their Reasons , and byass them to the most ridiculous Undertakings . For , What tho the next ordinary Assembly was not appointed to meet till March thereafter ? Do not even the Presbyterians themselves maintain the Lawfulness , yea , the Necessity of calling General Assemblies extraordinarily , upon extraordinary occasions ? pro re nata ( as they call it ) ? How many , such , have been called since the Reformation ? How much did they insist on this pretence Anno 1638 ? And , What tho the Register calls this Meeting a Convention ? was it therefore no Assembly ? Is there such an opposition between the words , Convention and Assembly , that both cannot possibly signify the same thing ? Doth not Calderwood acknowledge , that they voted themselves ane Assembly , in their second Session ? Doth he not acknowledge , that all the ordinary Members were there , which used to constitute Assemblies ? But what if it can be found that ane undoubted , uncontroverted Assembly , own'd it as ane Assembly ; and its Authority , as the Authority of ane Assembly ? What is become of this fine Argument then ? But can this be done indeed ? Yes , it can ; and these same very Authors have given it in these same very Histories (d) , in which they use this as ane Argument , and not very far from the same very pages . Both of them ( I say ) tell , that the General Assembly holden at Perth , in August immediately thereafter , made ane Act which began thus , Forasmuch as the Assembly holden in Leith , in January last , &c. But if it was ane Assembly , yet , it was in too great haste , it did not things deliberately . Why so ? No Reason is adduced , no Reason can be adduced , for saying so . The Subject they were to treat of was no new one ; it was a Subject that had imployed all their Heads for several months before : Their great business , at that time , was to give a Commission to some Members to meet with the Delegates of the State , to adjust matters about the Polity and Patrimony of the Church . This Commission was not given till the Third Session , as Calderwood himself acknowledges . (e) Where then , was the great haste ? Lay it in doing a thing in their Third Session , which might have been done in the First ? But were not these Commissioners in too great haste to come to ane Agreement when they met with the Delegates of the State ? Yes , if we may believe Petrie , for he says , (f) That the same day ( viz. January 16. ) the Commissioners conveened and conclued , &c. But he may say , with that same integrity , whatever he pleases . For , not to insist on Spotswood's account , (g) who says , it was after diverse Meetings and long Deliberation , that they came to their Conclusion ; not to insist on his authority , I say , because he may be suspected as partial ; doth not Calderwood (h) expresly acknowledge , that they began their Conference upon the Sixteenth of Ianuary , and (i) that matters were not finally concluded and ended till the First of February ? But was it not a corrupt Convention ? Did it not allow Pont , a Minister , to be a Lord of the Session ? A mighty Demonstration , sure , of its Corruption ! Well! Suppose it was a Corruption , was it such a plag●y one as infected all the other Acts of that Convention ? Is one corrupt Act of ane Assembly enough to reprobate all the rest of its Acts ? If so , I think , it will fare ill with a good many Assemblies . Whither was it a Corruption in ane Assembly to oblige men to do pennance for doing their Duty ? to declare against the Kings Negative Voice in Parliament , and so to Unking him , & c. ? But to go on , why should this Assembly bear the whole Blame of this Corruption , if it was one ? was it not ratified by a subsequent Assembly ? And should not it bear its share ? Both Authors knew this very well , for both of them record it : (k) It was the Assembly holden at Eden . March 6. 1573. The Regent craved some learned Men of the Ministery ( they are Calderwood's own words ) to be placed Senators of the College of Iustice. The Assembly , after reasoning , at length , voted , that none was able to bear the said two Charges , and therefore inhibited any Minister to take upon him to be a Senator of the College of Iustice , Master Robert Pont only excepced , who was already placed with advice and consent of the Kirk . Petrie gives the same account , only he ends it thus , By Advice , &c. He thought it expedient , it seems , to conceal the mention made of the Kirk . And no doubt he did wisely , i. e. suitably to his purpose ; for Calderwood added it but foolishly , considering that there could not be a clearer Acknowledgement of the Authority of the Convention at Leith , than giving it thus the name of The Kirk ; but what needs more ? If this was a Corruption , it was one , even in the times of Presbytery , after the year 1580. For did not Pont , even then continue to be a Lord of the Session ? Or will our Brethren say , that 't is a fault to introduce a Corruption , but it is none to continue it when it is introduced ? All this is said upon the supposition that it was a Corruption ; tho I am not yet convinced that it was one , at least so great a one as might have given ground for all this stir about it . I doubt , if the Members of this Assembly at Leith , had been through paced Parity-men , vigorous for the Good Cause , it should , no more have been a Corruption in them to have allowed Pont to sit as a Lord of Session , than it was in the Kirk , once upon a day , to allow Mr. Alexander Henderson to sit as a Member of a Committee , you know for what . And so much for the first Plea , proceed we to the 2. The Force , the Court , at that time , put upon the Clergy , to accept of that Establishment . Calderwood is mighty on this Plea. The Superintendent of Angus ( who had a principal hand in the Agreement at Leith ) a man too tractable , might easily be induced , by his Chief , the Earl of Mar , Regent , for the time , to condescend to the Heads and Articles of this Book . (l) And , It was easy to the Court to obtain the Consent of many Ministers to this sort of Episcopacy — Some being poor , some being covetous and ambitious , some not taking up the gross Corruption of the Office , some having a Carnal Respect to some Noblemen their Friends . (m) And how often doth he impute it all to the Earl of Morton ? And Calderwood's faithful Follower G. R. in his First Vindication , &c. tells us that the Convention of Churchmen met at Leith was too much influenced by the Court. (n) Now for answer to all this , in the first place , what if one should allow all that is alledged ? will it follow from that allowance that Prelacy was not , then , agreed to ? The Question is not how it was done ? but if it was done ? For if it was done it is ane argument that the Clergy , then , thought little on the indispensibility of Parity ; or that they were very bad men , who , tho they believed that indispensibility , did yet agree to Prelacy . 'T is true , indeed , Calderwood makes them , here , every whit as bad as that could amount to : He makes them a pack of poor , covetous , ambitious , ignorant , Carnal Rogues , who were thus Court-ridden . But behold the Difference between Mercat days , as we say ; the same Author , when he comes , afterward , to tell who were appointed to compile the Second Book of Discipline , ( a task agreeable to his temper ) gives the same Men , who were Commissioners , at the Agreement at Leith , ( for they were generally nominated for that work ) a far different Character : Our Kirk hath not had worthier men , since , nor of better Gifts . (o) This might be enough ; yet I will proceed further , because what I have to say may be useful for coming by a just sense of the state of affairs in these times . I say therefore , That all this Plea is meer groundless Noise and Fiction . The Court had no imaginable reason for pressing this Establishment , which was not as proper for the Clergy to have insisted on ; and the Clergy had one Reason more than the Court could pretend to . The great Reasons the Court could , then , insist on , what else could they be , than that Episcopacy stood still established by Law ? That according to the fundamental Constitution , which had obtained time out of mind , the Ecclesiasticks had made one of the Three Estates of Parliament ? That such ane Essential Alteration , in the civil Constitution , as behoved necessarily to result from the want of that Estate , being the First of the Three , was infinitely dangerous at any time , as tending to turn the whole Constitution loose , and shake the very Foundations of the Government ? That it tended to the Subversion of the High Court of Parliament , and naturally , and necessarily , inferred Essential Nullities in all the Meetings , the other two Estates could have , and all the Acts they could make ? That it was more dangerous , at that time , during the Kings Minority , to have the Constitution so disjoynted , than on other occasions ? That whosoever was Regent , or whosoever were his Counsellors , might be called to ane account for it , when the King came to perfect Age ? And it was obvious that it might easily be found High Treason in them , that they had suffered such Alterations ? That the best way to preserve the Rights of the Church , and put her , and keep her in her Possession of her Patrimony , was to preserve that Estate ? That the best way to preserve that Estate , was to continue it in the old , tryed , wisely digested , and long approven Constitution of it ? What other arguments , I say , than these , or such as were like them , can we conceive , the Court could then make use to perswade the Clergy to agree to the Old Polity ? Is it to be imagined they turn'd Theologues , and endeavoured to indoctrinate the Clergy , and convince them from Scripture , and Antiquity , and Ecclesiastical History , &c. that Episcopacy was of divine Institution , or the best , or a lawful Government of the Church ? If I mistake not , such Topicks , in these times were not much thought on , by our Statesmen . But if they were such Arguments as I have given a Specimen of , which they insisted on , as no doubt they were , if they insisted on any , then I would fain know , which of them it was that might not have been as readily insisted on by the Clergy , as by the Statesmen ? Nay , considering that there were no Scruples of Conscience then , concerning the Lawfulness of such a Constitution ; how reasonable is it to think , that the Clergy might be as forward as the Statesmen could be , to insist on these Arguments ▪ Especially if it be further considered , that , Besides these and the like Arguments , the Clergy had one very considerable Argument to move them for the Re-establishment of the Old Constitution , which was , that they had found by Experience , that the New Scheme fallen upon in the First Book of Discipline had done much hurt to the Church , as I have already observed ; that by forsaking the Old Constitution , the Church had suffered too much already ; and that it was high time , for them , now , to return to their Old Fond ; considering at what losses they had been since they had deserted it . And all this will appear more reasonable and credible still , if two things more be duely considered . The First is , That the Six Clergymen who were commissioned by the Assembly , on this occasion , to treat with the State , were all sensible men ; men who understood the Constitution both of Church and State , had Heads to comprehend the consequences of things , and were very far from being Parity-men . The Second is , The Oddness , ( to call it no worse ) of the Reason , which our Authors feign to have been the Motive which made the Court , at that time , so earnest for such ane Establishment ; namely , that thereby , They might gripe at the Commodity . ( as Calderwood (p) words it ) That is , possess themselves of the Churches Patrimony . What ? Had the Clergy so suddenly fallen from their daily , their constant , their continual Claim to the Revenues of the Church ? Had they in ane instant , altered their sentiments about Sacrilege , and things consecrated to Holy uses ? Were they now willing to part with the Churches Patrimony ? Did that which moved them to be so earnest for this Meeting with the State , miraculously flip out of their Minds , so that they inconcernedly quate their pretensions , and betrayed their own interests ? Were they all fast asleep when they were at the Conference ? So much asleep , or senseless , that they could not perceive the Court intended them such a Trick ? On the other hand , If the Court had such a design as is pretended , I must confess , I do not see how it was useful for them to fall on such a wild project for accomplishing their purposes . Why be at all this pains to re-establish the Old Polity , if the only purpose was to rob the Church of her Patrimony ? Might not that have been done without , as well as , with it ? Could they have wished the Church in weaker circumstances for asserting her own Rights than she was in , before this Agreement ? Was it not as easy to have possest themselves of a Bishoprick , ane Abbacy , a Priory , &c. when there were no Bishops , nor Abbots , nor Priors , as when there were ? What a pitiful politick , or rather what ane insolent wickedness was it , as it were , to take a Coat which was no mans , and put on one , and possess him of it , and call it his Coat , that they might rob him of it ? Or , making the uncharitable supposition , that they could have ventured on such a needless , such a mad fetch of iniquity , were all the Clergy so short-sighted , that they could not penetrate into such a palpable , such a gross piece of Cheatry ? But what needs more ? 'T is certain that by that Agreement , the Churches Patrimony was fairly secured to her , and she was put in far better condition than she was ever in before , since the Reformation . Let any man read over Calderwoods account of the Agreement , and he must confess it : And yet perhaps the account may be more full and clear , in the Books of Council , if they be extant . 'T is true , indeed , the Courtiers , afterwards , played their Tricks , and robb'd the Church ; and it cannot be denied , that they got some bad Clergymen , who were sub●ervient to their purposes : But this was so 〈◊〉 from being pretended to be aim'd at , by 〈◊〉 Courtiers , while the Agreement was a m●k●ng ; It was so far from these Clergy-mens minds , who adjusted matters at that time with the Laity , ( these Courtiers ) to give them the smallest advantages that way , to allow them the least Scope for such Encroachments ; That , on the contrary , when , afterwards , they found the Nobility were taking such Methods , and plundering the Church ; they complained mightily of it , as a manifest breach of the Agreement , and ane horrid iniquity . But whatever Truth is in all this Reasoning , I have spent on this point , is not much material to my main purpose : For , whither , at that time , Episcopacy was imposed upon the Church or not ; or , if imposed , whither it was out of a bad design or not ; affects not , in the least , the principal Controversie . For however it was , 't is certain the Church accepted of it , at that time , which we are bound , in Charity , to think , a sufficient Argument that she was not then of Antiprelatical principles ; She had no such Article in her Creed , as the Divine Right of Parity ; which is the great point I am concerned for in all this tedious Controversie . 3. The Third Plea , is , The Limitedness of the Power which was , then , granted to Bishops . They had no more Power granted them by this Establishment , than Superintendents had enjoyed before . This all my Authors insist upon with great Earnestness . (q) And I confess it is very true : This was provided for both by the Agreement at Leith , and by ane Act of the Assembly holden at Eden . March 6. 1574. But then 1. If they had the same power which Superintendents had before , I think they had truly Prelatic Power ; they did not act in Parity with other Ministers . 2. Tho they had no more power , yet it is certain they had more Privilege : They were not answerable to their own Synods , but only to General Assemblies , as is clear , even from Calderwoods own account of the agreement at Leith . (r) In that point , the absurd Constitution in the First Book of Discipline was altered . 3. One thing more I cannot but observe , here , concerning Mr. Carlderwood . This judicious Historian , when he was concerned to raise Dust about the Prelacy of Superintendents , found easily 7 or 8 huge Differences between Superintendents and Bishops . And now , that he is concern'd to raise Dust about the Prelacy of Bishops , he thinks he has gain'd a great point if he makes it the same with the Prelacy of Superintendents . What a mercy was it that ever poor Prelacy out-lived the Dint of such doughty Onsets ? But it seems it must be a tough-lived thing , and cannot be easily chased out of its Nature . There is another considerable Thrust made at it by Calderwood , and his Disciple G. R. (s) which may come in as a Succedaneum to the former Argument : What is it ? 〈◊〉 is even , that in the Gen. Assembly at 〈◊〉 . March 6. 1573. David Ferguson was chosen M●●●rator , who was neither Bishop nor Superi●ten●ent . And so down falls Prelacy ! But so was 〈◊〉 George Buchanan in the Assembly holden in Iuly 1507. who was neither Superintendent , Bishop , nor Presbyter , and so Down falls Presbytery ! Nay Down falls the whole Ministery ! Is not this a hard Lock , Prelacy is brought to , that it shall not be it self , so long as one wrong step can be found to have been made by a Scotch General Assembly ? I have adduced and discussed all these Plea's , not that I thought my Cause in any hazard by them ; but to let the World see , what a party one has to deal with in his Controversie : Whatever it be , Sense or Nonsense , if their Cause requires it ; they must not want an Argument . But to go on . But 4. The Fourth , and greatest Plea , is , That this Episcopacy was never owned by the Church : It was never allowed by the General Assembly . (a) It was only tolerated for three or four years . (b) It was protested against as a Corruption . (c) As these Articles were concluded without the Knowledge of the Assembly , so the whole Assembly opposed them earnestly . (d) They were obtruded upon the Church , against her Will. (e) The Church from the beginning of the Reformation opposed that kind of Bishops . (f) The Church did only , for a time , yield to Civil Authority , yet so that she would endeavour to be free of these Articles . (g) These and many more such things are boldly and confidently asserted by Calderwood , Petrie , and the strenuous Vindicator of the Church of Scotland , who seldom misses of saying what Calderwood had said before him ; and I shall grant they are all said to purpose , if they are true : But how far they are from being that may sufficiently appear , I hope , if I can make these things evident . 1. That the Agreement at Leith was fairly and frequently allowed , approven , and insisted on , by many subsequent Assemblies . 2. That after Episcopacy was questioned , and a Party appeared against it , it cost them much strugling , and much time , before they could get it abolished . 1. I say , The Agreement at Leith was fairly and frequently allowed , approven , and insisted on , by many subsequent Assemblies . This Assertion cannot but appear true to any unbyassed Judgment , that shall consider but these two things . 1. That , in Every Assembly , for several years , after that Establishment , or Agreement , or Settlement at Leith , Bishops were present , and sate , and voted as such ; and , as such , were obliged to be present , and sit , and vote , &c. As both Calderwood and Petrie acknowledge , and shall be made appear by and by . 2. That these two Authors have been at special pains , to let the world know , how punctually they were tryed , and sometimes rebuked and censured for not discharging their Offices , as they ought to have done . Both Authors , I say , have been very intent and careful to represent this in their accounts of the subsequent Assemblies . I know their purpose , herein , was to expose the Bishops , and cast all the Dirt , they could , upon Episcopacy . But then , as I take it , their pains , that way , have luckily furnished me with a plain Demonstration of the falsehood of all they have said , in this Plea , I am now considering : For Would these Assemblies have suffered them to be present , and sit , and vote as Bishops ? Would they have tryed and censured them as Bishops ? Would they have put them to their Duty as Bishops , if they had not own'd them for Bishops ? And was there any other Fond for owning them for Bishops , at that time , except the Agreement at Leith ? This alone might be sufficient , I say , for dispatching this whole Plea. Yet 3. To put this matter beyond all possibility of ever being , with the least colour of probability , controverted hereafter ; I recommend to the Readers consideration , the following Series of Acts made by subsequent Assemblies . The Agreement at Leith as was observed before , was conclud●d 〈◊〉 the First day of February , Anno 1571 / 2. 〈◊〉 Ordinary Assembly met at Saint Andrews , on the Sixth of March thereafter : The Archbishop of St. Andrews ( newly advanced to that See , by the Leith Agreement ) was present , and the first person named ( as Calderwood himself hath it , (h) to be of the Committee that was appointed for Revising the Articles agreed upon at Leith : And ane Act was made in that Assembly , ( as it is both in the Mss. and Petrie (i) ) Ordaining the Superintendent of Fife to use his own Iurisdiction , as before , in the Provinces not subject to the Archbishop of St. Andrews ; and requesting him to concur with the said Archbishop , in his Visitations , or otherwise , when he required him , until the next Assembly — And in like manner , the Superintendents of Angus and Lothian , without prejudice of the said Archbishop , except by Vertue of his Commission . By the Assembly holden at Perth , August 6. 1572. this Act was made : Forasmuch as in the ASSEMBLY ( not the Convention ) of the Church holden at Leith , in January last , Certain Commissioners were appointed to deal with the Nobility , and their Commissioners , to reason and conclude upon diverse Articles and Heads , thought good , then , to be conferred upon ; according to which Commission , they have proceeded in sundry Conventions , ( is this consistent with Petrie's assertion , that , the same day , they met and concluded ? ) and have concluded for that time , upon the Heads and Articles as the same produced , in this Assembly , proport : In which , being considered , are found certain Names , as Archbishop , Dean , Archdeacon , Chancellor , Chapter , which Names are thought slanderous and offensive in the Ears of many of the Brethren , appearing to found towards Papistry ; Therefore , the whole Assembly in one voice , as well they who were in Commission at Leith , as others , solemnly protest , that they mean not , by using such Names , to ratify , consent , or agree to any kind of Papistrie or Superstition ; wishing rather the said Names to be changed into other Names , that are not scandalous and offensive ; and , in like manner , they protest , That the said Heads and Articles agreed upon , be only received as ane Interim , until farther , and more perfect Order be obtained , at the hands of the Kings Majesties Regent and Nobility : For the which , they will press , as occasion shall serve . Vnto the which Protestation the whole Assembly , in one voice , adhere . So the Mss. Spot . Cald. Pet. (k) This is the Act , on which , Calderwood , Petrie , and G. R. found their assertion , That Episcopacy , as agreed to at Leith was protested against , and earnestly opposed , by a General Assembly ; but with what Shadow of Reason , let any Man consider : For , what can be more plain , than , that they receive the substance of the Articles , and only protest against the Scandalousness of the Names used in them ? What reason they had for that , besides the over-zealous Principle I mentioned before , let the curious enquire : That 's none of my present business . But , They protest that they receive these Articles only for ane Interim : True ; But how doth it appear that they received them only for ane Interim , out of a Dislike to Episcopacy ? Had they believed the Divine Right of Parity , how could they have received them so much as , for ane Interim ? How could they have received them at all ? The Truth is , there were many things in the Articles which required amendment , even tho the Gen. Ass. had believed the Divine Right of Episcopacy . And that they did not receive them , for ane Interim , upon the account of any Dislike they had to Episcopacy , shall be made evident , by and by . In the mean time , we have gained one point , even , That they were received by this Assembly ; unless receiving for an Interim be not receiving : But if they were received , I hope it is not true , that they were never allowed by a General Assembly . And if Episcopacy was not protested against at all , and if there was no such word or phrase in the Act , as had the least Tendency to import that they judged it a Corruption , I hope , it may consist well enough with the Laws of Civility , to say that G. R. was talking without Book , when he said , It was protested against as a Corruption , by this General Assembly . I doubt , if he had found any of the Prelatists talking with so much Confidence , where they had so little ground , he would have been at his beloved Lies and Calumnies . But enough of this , proceed we in our Series . By the Vniversal Order ( so it is worded in the Mss. ) of the General Ass. holden at Eden . March 6. 157● / 3. It was Statuted and Ordained , that all Bishops , Superintendents , &c. present themselves in every Gen. Ass. that hereafter shall be holden , the first day of the Assembly before Noon , &c. (l) Again , It is thought most reasonable and expedient , That Bishops , &c. purchase General Letters , without any delay , commanding all Men to frequent Preaching and Prayers according to the Order received in the Congregations , &c. (m) In the Ass. holden at Eden . Aug. 6. 1573. The Visitation Books of Bishops , &c. were produced , and certain Ministers appointed to examin their Diligence in Visitation . (n) In that same Assembly , Patoun , Bishop of Dunkeld , was accused that he had accepted the Name , but had not exercised the Office of a Bishop , not having proceeded against Papists , within his bounds . He was also suspected of Simony and Perjury , in that , contrary to his Oath , at the receiving of the Bishoprick , he gave Acquittances , and the Earl of Argyle received the Profits . (o) If these things were true , he was a foolish , as well as a bad Bishop . But then it was evident , that this Assembly fairly own'd Episcopacy . Further , that by the Agreement at Leith , express provisions were made against Simony and Dilapidation of Benefices ; and that Bishops should swear to that purpose , &c. which , I think , is not well consistent with the Plea insisted on , before , viz. That the Agreement at Leith was forced on the Clergy , by the Court , out of a design , it had , upon the Revenues of the Church . I find these further Acts made by this Assembly , in the Mss. Touching them that receive Excommunicates , the whole Kirk , presently assembled , ordains all Bishops , &c. to proceed to Excommunication against all Receivers of Excommunicate persons , if after due Admonition the Receivers rebel and be disobedient . The Kirk ordains all Bishops , &c. in their Synodal Conventions , to take a List of the Names of the Excommunicates , within their Iurisdictions ; and bring them to the General Assemblies , to be published , to other Bishops and Superintendents , &c. That they , by their Ministers , in their Provinces , may divulgate the same , in the whole Countries , where Excommunicates haunt . The Kirk presently assembled , ordains all Bishops and Superintendents , &c. to conveen before them , all such persons as shall be found suspected of consulting with Witches ; and finding them guilty , to cause them make publick Repentance , &c. That Vniformity may be observed in processes of Excommunication , It is ordained that Bishops , and Superintendents , &c. shall direct their Letters to Ministers , where the persons that are to be Excommunicated dwell ; commanding the said Ministers to admonish accordingly , and in Case of Disobedience , to proceed to Excommunication , and pronounce the Sentence thereof , upon a Sunday , in time of Preaching ; and , thereafter , the Ministers to indorse the said Letters , making mention of the days of their Admonitions , and Excommunication , for Disobedience aforesaid , and to report to the said Bishops , &c. according to the Direction contained in the said Letters . (p) Petrie has the substance of most of these Acts , but has been at pains to obscure them . And no wonder ; for here are so many Branches of true Episcopal power , established in the persons of these Bishops , that it could not but have appeared very strange , that a General Assembly should have conferred them on them , if there was such ane aversion then , to the Order , as he and his Fellows are willing to have the world believe , there was . But Honest Calderwood was wiser , for he hath not so much as ane intimation of any one of them . And Calderwood having thus concealed them , nay , generally , all alongst , whatever might make against his Cause , as much as he could ; what wonder if G. R. who knows nothing in the matter , but what Calderwood told him , stumbled upon such a notable piece of Ignorance , in his first Vindication , as to tell the world , That Nothing was restored at Leith but the Image of Prelacy ? That these Tulchan Bishops had only the Name of Bishops , while Noblemen and others had the Revenue , and the Church all the power ? Nay , That , notwithstanding of all , was done at Leith , The real Exercise of Presbytery , in all its Meetings lesser and greater , continued and was allowed ? But of this more hereafter . The Assembly , holden at Eden . March 6. 1574. Concluded concerning the Iurisdiction of Bishops , in their Ecclesiastical Function , that it should not exceed the Iurisdiction of Superintendents , which , heretofore , they have had , and presently have : And that they should be subject to the Discipline of the General Ass. as Members thereof , as Superintendents had been heretofore , in all sorts . And again , This Assembly Ordains , That no Bishop give Collation of any Benefice within the bounds of Superintendents within his Diocess , without their Consent and Testimonials , subscribed with their hands : And that Bishops , within their Diocesses visit by themselves , where no Superintendent is ; and give no Collation of Benefices without the Consent of three well qualified Ministers . Here indeed both Calderwood and Petrie (q) appear briskly , and transcribe the Mss. word for word : Here was something like limiting the power of the Bishops ; and that was ane opportunity not to be omitted . But , as I take it , there was no very great reason for this Triumph , if the true reason of these Acts be considered , as it may be collected from Spotswood and Petrie (r) which was this , The Earl of Mor●on , then Regent , and sordidly covetous , had flattered the Church out of their Possession of the Thirds of the Benefices ; the only sure Stock , they could as yet claim , by any Law , made since the Reformation of Religion ; promising , instead thereof , to settle local'd Stipends upon the Ministers ; but having once obtain'd his end , which was to have the Thirds at his Disposal , he forgot his promise ; and the Ministers found themselves miserably trickt . Three or four Churches were cast together , and committed to the Care of one Minister ; and a Farthing , to live by , could not be got , without vast attendance , trouble and importunity . Besides , the Superintendents , who had had a principal hand in the Reformation , and were Men of great Repute , and had spent liberally of their own Estates in the Service of the Church , were as ill treated as any body : For when they sought their wonted allowances , they were told , there was no more use for them ; Bishops were now restored ; it was their Province to govern the Church : Superintendents were now superfluous and unnecessary . The Superintendents thus Mal treated , what wonder was it if they had their own Resentments of it ? So , when , the General Assembly met , Areskin , Spotswood and Winram , three of them ( and , by that time , 't is probable , there were no more of them alive ) came to the Assembly , offered to dimit their Offices , and were earnest that the Kirk would accept of their Dimission : They were now turn'd useless Members of the Ecclesiastical body ; their Office was evacuated ; they could serve no longer . The whole Assembly could not but know the matter ; and as they knew for what reasons these ancient and venerable persons were so much irritated , so their own concern , in the same common interest , could not but prompt them to a fellow-feeling ; they knew not how soon the next Mortonian Experiment might be tryed upon themselves ; they , therefore , unanimously , refuse to accept of the Dimission , and whither the Superintendents will or not , they continue them in their Offices ; and not only so , but they thought it expedient to renew that Article of the Agreement at Leith , viz. That Bishops and Superintendents stood on the same Level , had the same Power , the same Ecclesiastical Jurisdiction ; and were to be regulated by the same Canons : Importing thereby , that both were useful in the Church at such a juncture ; and that the Church had not received Bishops to the Exauctoration of the few surviving Superintendents ; and now , in their old age , rendring them contemptible . And who could condemn the Assembly for taking a course that was both so natural and so obvious ? Nay , it was even the Bishops interest , as much as any other Assembly-mens to agree to this conclusion ; For the great business in hand , was not about Extent of Power , or Point of Dignity ; had no Incentive to Iealousie or Emulation in it ; but it was about the Revenues of the Church : To secure these against the insatiable Avarice of a Griping Lord Regent . A point the Bishops were as nearly concerned in as any Men : For if these three Superintendents , who had so long born the heat of the day , and done such eminent and extraordinary services to the Church , should be once sacrificed to Mortons Covetousness , how easy might it be for him to make what farther Encroachments he pleased ? How easy , to carry on his project against other men , who perhaps , had no such Merit , no such Repute , no such Interest in the Affections of the People ? This , I say , was the Reason for which these two Acts were made in this Assembly ; and not that the Assembly were turning weary of Bishops , or were become , any way , disaffected to them . So that Calderwood and Petrie had but little reason to be so boastful for these two Acts. That it was not out of any Dislike to Episcopacy , that these two Acts were made , is clear , as Light , from the next Assembly , which met in August 1574. For therein the Clergy manifestly continuing of the same Principles , and proceeding on the same Reasons , order a Petition consisting of Nine Articles , to be drawn , and presented to the Regent . Calderwood , indeed , doth not mention this Petition . But it is in the Mss. and Petrie (s) talks of it , but disingenuously ; for he mentions it only Overly , telling , That some Articles were sent unto the Lord Regent ; and he sets down but two , whereas , as I said , there are Nine in the Mss. and most of them looking the Regents Sacrilegious inclinations even Staringly in the Face . I shall only Transcribe such of them as cannot , when perpended , but be acknowledged to have tended that way . They are these : 1. That Stipends be granted to Superintendents , in all time coming , in all Countreys destitute thereof ; whither it be where there is no Bishop , or where there are Bishops , who cannot discharge their Office , as the Bishops of St. Andrews and Glasgow ; who had too large Diocesses . This Article Petrie hath but Minc'd : Indeed it is a very considerable one ; For here you see , 1. That , in contradiction to the Regents purposes , the Assembly owns and stands by the Superintendents : They are so far from being satisfied to part with the Three , they had ; that , on the contrary , they crave to have more , and to have provisions for them ; and that , in all Countries , where Bishops either are not ; or are , but have too large Diocesses . 2. They crave these things For all times coming ; a Clause of such importance to the main Question , that Petrie has , unfaithfully , left it out : And truly , I must confess , if it were lawful for Men to be Vnfaithful , when it might serve that which they conceived to be a Good End , he had great Reason , to try it , in this instance : For this Clause , when ( not concealed , but ) brought above board , gives a fatal Overthrow , to all these popular Plea's of Episcopacy's being then obtruded on the Church ; forced upon her against her Will ; tolerated only for a time , &c. For , from this Clause , it is as clear , as a Clause can make it , that this Assembly entertain'd no such imaginations . They supposed Episcopacy was to continue for all time coming , For , for all time Coming , they petition that provision may be made for Superintendents , where no Bishops are , or where their Diocesses are too large for them . 2. The Second Article is , That in all Burghs , where the Ministers are displaced , and serve at other Kirks , these Ministers be restored to wait on their Cures , and be not obliged to serve at other Churches , &c. Directly striking against the Regents politick of Uniting three or four Churches under the Care of one Minister . The 4. ( Which Petrie also hath ) is , That in all Churches destitute of Ministers , such persons may be planted as the Bishops , Superintendents and Commissioners shall name ; and that Stipends be assigned to them . Ane Article , visibly , levell'd as the former . 5. That Doctors may be placed in Vniversities ; and Stipends granted them ; whereby , not only they who are presently placed may have occasion to be diligent in their Cure ; but other learned Men may have Occasion to seek places in Colleges . Still to the same purposes , viz. the finding reasonable Uses for the Patrimony of the Church . 6. That his Grace would take a General Order with the poor , especially in the Abbeys , such as are Aberbrothoick , &c. Conform to the Agreement at Leith . Here , not only the Leith-Agreement insisted on ; but farther pious Vse for the Churches Patrimony . 9. That his Grace would cause the Books of the Assignation of the Kirk , be delivered to the Clerk of the General Assembly . These Books of Assignation , as they call them , were the Books , wherein the Names of the Ministers , and their several proportions of the Thirds were Recorded : It seems they were earnest to be repossessed of their Thirds , seeing the Regent had not kept promise to them . But The Eighth Article , which , ( by a pardonable inversion , I hope ) I have reserved to the last place , is , of all , the most considerable . It is , That his Grace would provide Qualified persons for Vacant Bishopricks . Let the candid Reader judge , now , if Episcopacy , by the Leith-Articles was forced upon the Church against her Inclinations ? If it was never approven ( when Bishops were thus petitioned for ) by a General Assembly ? If it be likely that the Assembly in August 1572. protested against it as a Corruption ? If the Acts of the last Assembly , declaring Bishops to have no more power than Superintendents had , and making them accountable to the General Assembly , proceeded from any Dislike of Episcopacy ? If this Assembly , petitioning thus for Bishops , believed the divine and indispensible institution of Parity ? If both Calderwood and Petrie acted not as became Cautious Pretbyterian Historians ; the One , by giving us None , the other , by giving us only a Minced account of this Petition ? Well! By this time , I think , I have not intirely disappointed my Reader : I think , I have made it competently appear , That the Agreement at Leith was fairly and frequently allowed , approven , and insisted on , by not a ●ew subsequent General Assemblies . I could adduce some Acts more of the next Ass ▪ which met at Eden . March 7. 1575. But , I think , I have already made good my Undertaking , and therefore I shall insist no further on this point : Only One thing I must add further ; It is this . After the most impartial , narrow , and attentive Search , I could make , I have not found , all this while , viz. from the first publick Establishment of the Reformed Religion in Scotland , Anno 1560. so much as One Indication of either publick or private Dislike to Prelacy ; But that it , constantly , and uninterruptedly , prevailed , and all persons , chearfully as well as quietly submitted to it , till the year 1575. when it was first called in Question . And here I might fairly shut up this long , and perhaps nauseous Discourse , upon the Second Enquiry which I proposed : For , whatever Men our Reformers were , whatever their other principles might be ; I think I have made it plain , that they were not for the Divine Right of Parity , or the Vnlawfulness of the Superiority of any Office in the Church , above Presbyters : No such principle was prosessed , or insisted on , or offered to be reduced to practice , by them , Before , At , or full fifteen years After the publick Establishment of the Reformation : And if this may not pass for sufficient proof of the truth of my Resolution of the Enquiry , I know not what may . However , because THE SECOND thing I promised to shew , tho not precisely necessary to my main design , may yet be so far useful , as to bring considerably more of Light to it ; and withal , give the world a prospect of the Rise and Progress of Presbytery in Scotland , I shall endeavour to make good my Undertaking ; which was , that , after Episcopacy was question'd , it was not easily overturn'd ; Its Adversaries met with much Resistance , and Opposition , in their Endeavors to subvert it . I shall study brevity as much as the weight of the matter will allow me . In short then ; take it thus . Master Andrew Melvil , after some years spent at Geneva , returned to Scotland in Iuly 1574. He had lived ▪ in that City , under the influences of Theodore Beza , the true parent of Presbytery . He was a Man , by Nature , fierce and fiery , confident and peremptory , peevish and ungovernable : Education , in him , had not sweetned Nature , but Nature had sowred Education ; and both conspiring together , had trickt him up into a true Original ; a piece compounded of pride and petulance , of jeer and jangle , of Satyr and Sarcasm ; of venome and vehemence : He hated the Crown as much as the Mitre , the Scepter as much as the Crosier , and could have made as bold with the Purple (a) as with the Rochet : (b) His prime Talent was Lampooning and writing Anti-tami-Cami-Categorias's . In a word , He was the very Archetypal Bitter Beard of the Party . This Man thus accoutred , was scarcely warm at home , when he began to disseminate his sentiments , insinuate them into others , and make a party against Prelacy , and for the Genevian Model . For this I need not depend on Spotswoods Authority , tho he asserts it plainly : (c) I have a more Authentick Author for it , if more Authentick can be : I have Melvil himself for it , in a Letter to Beza dated Novem. 13. 1579. ( to be found both in Petrie (d) and in the Pamphlet called Vindiciae Philadelphi , from which Petrie had it ) of which Letter , the very first words are , we have not ceased these five years to fight against Pseudepiscopacy , &c. Now reckon five years backward , from Novem. 1579. and you stand at November 1574. whereby we find that within three or four Months , after his arrival , the Plot was begun , tho' it was near to a year thereafter , before it came above-board . Having thus projected his work , and formed his party , the next care was to get one to Table it fairly : He himself was but lately come home ; he was much a Stranger in the Country , having been ten years abroad : He had been but at very few General Assemblies , if at any ; his influence was but green and budding ; his Authority but young and tender : It was not fit for him , amongst his First Appearances , to propose so great ane Innovation . And , it seems , the Thinking Men of his Party , however resolutely they might promise to back the Motion , when , once , fairly Tabled , were yet a little shy to be the first Proposers : So , it fell to the share of one , who , at that time , was none of the greatest Statesmen . Iohn Durie , one of the Ministers of Edenburgh , was the person ; as Spotswood describes him , (e) A sound hearted Man , far from all Dissimulation , open , professing what he thought , earnest and zealous in his Cause , whatever it was ; but too too credulous , and easily to be imposed on . However , ( that I may do him as much justice , as Spotswood has done him before me . ) A Man he was , who thought no Shame to acknowledge his Error , when he was convinced of it . For so it was , that , when , after many years Experience , he had satisfied himself , that Parity had truly proved the Parent of Confusion , and disappointed all his Expectations ; and when , through Age and Sickness , he was not able , in person , to attend the General Assembly , Anno 1600. he gave Commission to some Brethren to tell them , as from him , That there was a Necessity of restoring the Ancient Government of the Church , &c. Such was the Man , I say , to whose share it fell to be the first , who , publickly , questioned the Lawfulness of Prelacy in Scotland ; which was not done till the Sixth day of August 1575. as I said before , no less than full fifteen years after the first legal Establishment of our Scottish Reformation . And so I come to my purpose . On this Sixth of August 1575. the Gen. Ass. met at Edenburgh , according to the Order , then , observed in General Assemblies ; the First thing done , after the Assembly was constituted , was , the Tryal of the Doctrine , Diligence , Lives , &c. of the Bishops and other constant Members : So , while this was a doing , Iohn Durie stood up and protested , That the Tryal of the Bishops might not prejudge the Opinions and Reasons , which he and other Brethren of his Mind , had , to propose against the Office and Name of a Bishop . (f) Thus was the fatal Controversie set on foot , which , since , hath brought such Miseries and Calamities on the Church and Kingdom of Scotland . The Hare thus started , Melvil , the Original Huntsman , strait pursued her : He presently began a long , and , no doubt , premeditated Harangue ; commended Durie's Zeal , enlarged upon the flourishing State of the Church of Geneva , insisted on the Sentiments of Calvin and Beza concerning Church Government ; and , at last affirmed , That none ought to be Office-bearers in the Church , whose Titles were not found in the Book of God : That the the Title of Bishops was found in Scripture , yet , it was not to be understood in the Sense , then , current : That Iesus Christ , the only Lord of his Church , allowed no Superiority amongst the Ministers , but had instituted them all , in the same Degree , and had endued them with equal power : Concluding , That the Corruptions , which had crept into the Estate of Bishops were so great , as , unless the same were removed , it could not go well with the Church , nor could Religion be long preserved in Purity . (g) The Controversie thus plainly stated , Mr. David Lindesay , Master George Hay , and Master Iohn Row , three Episcopalians , were appointed to confer and reason upon the Question proponed with Mr. Andrew Melvil , Mr. Iames Lawson , and Mr. Iohn Craig ; two Presbyterians , and one , much indifferent for both sides . After diverse Meetings , and long Disceptation saith Spotswood , (h) after two days , saith Petrie , (i) they presented these Conclusions to the Assembly , which , at that time , they had agreed upon . 1. They think it not expedient , presently , to answer , directly , to the First Question . But if any Bishop shall be chosen , who hath not such Qualities as the word of God requires , let him be tryed by the General Assembly De Novo , and so deposed . 2. The Name Bishop is common to all them who have particular Flocks , over which they have particular Charges , to preach the Word , administer the Sacraments , &c. 3. Out of this Number may be chosen some to have power to Oversee and Visit such reasonable Bounds , beside his own Flock , as the General Kirk shall appoint ; and , in these bounds , to appoint Ministers , with Consent of the Ministers of that Province , and of the Flock to whom they shall be appointed . Also , to appoint Elders and Deacons in every principal Congregation , where there are none , with Consent of the People thereof ; and to suspend Ministers , for reasonable Causes , with Consent of the Ministers aforesaid . So the Mss. Spot . Pet. Cald. (k) 'T is true , here are some things , which , perhaps , when thoroughly examined , will not be found so exactly agreeable to the Sentiments and Practice of the Primitive Church . However , 't is evident , for this Bout , the Imparity-men carried the day ; and it seems the Parity-men have not yet been so well fixed for the Divine and indispensible Right of it , as our Modern Parity-men would think needful ; otherwise , how came they to consent to such Conclusions ? How came they to yield that it was not expedient , at that time , to answer directly to the first Question , which was concerning the Lawfulness of Episcopacy ? Were they of the Modern Principles , G. R's Principles ? Did they think that Divine institutions might be dispensed with , crossed , according to the Exigencies of Expediency or Inexpediency ? What ane Honour is it to the Party if their first Hero's were such Casuists ? Besides , is not the Lawfulness of imparity clearly imported in the Third Conclusion ? Indeed both Calderwood and Petrie acknowledge so much . Calderwood (l) saith , It seemeth that by Reason of the Regents Authority , who was bent upon the Course ( i. e. Episcopacy ) whereof he was the chief Instrument , that they answered not directly , at this time , to the Question . Here , you see , he owns that nothing , at this time was concluded against the Course , as he calls it ; whither he had reason , to say , It seemed to be upon such ane account , shall be considered afterward . Petrie (m) acknowledges it too ; but in such a passion , it seems , as quite mastered his Prudence , when he did it ; for these are his words . Howbeit in these Conclusions they express not the Negative , because they would not plainly oppose the particular interest of the Council , seeking security of the Possessions , by the Title of Bishops ; yet these Affirmatives take away the pretended Office. Now let the world consider the Wisdom of this Author in advancing this fine period . They did not express the Negative , ( they did not condemn Episcopacy ) because they would not plainly oppose the particular interest of the Council , seeking Security of the Possessions , &c. Now let us enquire who were these , They , who would not , for this reason condemn Episcopacy , at that time ? It must either belong to the Six Collocutors who drew the Concusions , or to the whole Assembly : If to the Collocutors , 't is plain , Three of them , viz. Row , Hay , and Lindesay were innocent ; they were perswaded in their Minds of the Expediency ( to say no further ) as well as the Lawfulness of Episcopacy , and I think that was reason enough for them not to condemn it . The Presbyterian Brethren , then , if any , were the persons who were moved not to condemn it , because they would not plainly oppose the particular interest of the Council , &c. But if so , hath not Master Petrie made them very brave fellows ? Hath he not fairly made them such friends to Sacrilege , that they would rather baulk a divine Institution , than interrupt its Course , and offend its Votaries ? If by the word , They , he meant the General Assembly ; if the whole Assembly were they , who would not express the Negative , because they would not oppose , &c. I think , Mr. Petrie , were he alive , would have enough to do , to prove that that was the Reason they were determin'd by . What ? Had the whole Church quate all their pretensions , they insisted on so much , on every Occasion ? Had they now given over their Claim to the Revenues of the Church ? Shall I declare my poor opinion in this matter ? I am apt to believe that it was one of the great Arguments insisted on by the Three Episcopalian Collocutors , at that time , That if Episcopacy should be concluded unlawful , and , by consequence , overturned , the Patrimony of the Church would undoubtedly go to wreck ; The hungry Courtiers would presently possess themselves of the Revenues belonging to the Bishops : Sure I am , as things then stood , there was all the Reason in the world for insisting on this Argument : But to pass this . Petrie it seems was not content with giving the quite contrary of that , which in all probability , was the true Reason , at least one of the true Reasons , for not overturning Episcopary at that time ; But he behoved to add something more Extravagant : He behoved to add That the Affirmatives in the aforesaid conclusions took away the pretended Office of Episcopacy . What might he not have said , after this ? It seems , that in this Authors opinion , all is one thing , to assert the Lawfulness of ane Office , and thereupon to continue it , and to take it away . But perhaps I may be blamed for taking so much notice of ane angry mans Excesses , For no doubt it was anger that such conclusions should have been made , that hurtied him upon such Extravagances ; and therefore I shall leave him , and return to my threed . By what I have told , it may be easy to judge , how cold the first Entertainment was , which Parity got when it was proposed to the General Assembly : and so much the more , if it be further considered that , by this same Assembly , some 8 or 9 Articles were ordered to be presented to My Lord Regents Grace , whereof the First ( as I find it in the MS. and in Petrie himself (n) tho' neither so fully nor so fairly ) was this . Imprimis , for planting and preaching the word , thro' the whole Realm , It is Desired , that so many Ministers as may be had , who are yet unplaced , may be received , as well in the Countrey , to relieve the charge of them who have many Kirks , as otherwise , throughout the whole Realm , with Superintendents or Commissioners within these Bonnds where Bishops are not , and to help such Bishops as have too great Charges : And that Livings be appointed to the aforesaid Persons : and also payment to them who have travelled before , as Commissioners , in the years of God 1573. and 1574. and so forth , in time coming , without which , the travels of such Men will cease . This I say is the First of many Articles ordered by this Assembly for the Regent ; From which it is Evident , not only , that Mr. Melvils Project made little , or no progress , at this time , but also that the Assembly continued firm and stedfast in the same very intentions , and of the same very Principles , which had prevailed in former Assemblies , viz. to stop the uniting of Churches ; to multiply the number of persons cloathed with Prelatick power ; To continue that power in the Church ; and by all means to secure her Patrimony and guard against , and Exclude all alienations of it . Melvil and his Partisans , thus successless in their first attempt , but withal , once engaged and resolved not to give over , began , it seems , against the next Assembly to reflect on what they had done , and perceive that they had mistaken their measures : And indeed it was a little precipitantly done , at the very first , to state the Question simply and absolutely upon the Lawfulness or Vnlawfulness of Episcopacy , in the General , as they had stated it . It was a new Question which had never been stated in the Church of Scotland before : And it could not but be surprizing to the greatest part of the Assembly . Thus to call in Question the Lawfulness of ane Office which had been so early , so universally , so usefully , so incontestedly , received by the Catholick Church . This was a point of great importance : For , to Declare that Office Vnlawful , what was it else than to condemn all these Churches , in the primitive times , which had own'd it and flourish't under it ? What else than to condemn the Scottish Reformation and Reformers , who had never Question'd it , but , on the contrary , had proceeded all , alongst , on principles which , clearly supposed its Lawfulness , if not its Necessity ? Nay , was it not to condemn , particularly , all these General Assemblies which , immediately before , had so much Authorized and confirm'd it ? Besides , as hath been already observed , to Declare Episcopacy Vnlawful was , unavoidably , to stifle all these projects , they had been so industriously forming for recovering the Churches Patrimony : And not only so , but to expose it more and more to be devoured by the voracious Laity . It was Plain , it could no sooner be declared Vnlawful , than it behoved to be parted with ; and turn out the Bishops , once , and what would become of the Bishopricks ? Nay , to turn them out , what was it else , than , to undo the whole Agreement at Leith , which was the greatest security , the Church , then , had for her Patrimony ? For these and the like reasons , I say , laying aside the impiety , and insisting only on the imprudence of the Melvilian Project , it was , no doubt , precipitantly done , at the very first , to make that the State of the Question : And it was no wonder if the Assembly was unanimous in agreeing to the conclusions which had been laid before them by the six Collocutors : Nay , it was no wonder if Melvil and his Party , sensible of their errour , and willing to cover it , the best way they could , yielded , for that time , to the other Three , who had , so visibly , the advantage of them , at least , in the point of the Churches interest : And therefore , At the next Assembly , which was holden at Edenburgh , April 24. 1576. they altered the State of the Question , as Spotswood observes , (o) and made it this , Whether Bishops , as they were then in Scotland , had their Function warranted by the word of God ? But even thus stated , at that time , it avail'd them nothing : For , ( as it is in the MS. ) The whole Assembly , for the most part , after Reasoning and long Disputation upon every Article of the Brethrens ( viz. the six Collocutors ) opinion and advice , resolutely approved and affirmed the same , and every Article thereof , as the same was given in by them . And then the Articles are Repeated . Calderwood and Petrie do both shuffle over the state of the Question , (p) but , upon the matter , they give the same account of the Assembly's Resolution : However , I thought fit to take it in the words of the MS. the very stile importing that they are the most Authentick . And in this Resolution we may observe these three things . 1. That whatever the Melvilian Party might then be , They were but the smaller Party : The whole Assembly for the most part , that is , as I take it , the far greater part of the Assembly was against them . 2. That the whole Assembly for the most part seem to have been seriously perswaded they were in the right , and did not approve and affirm these Articles either indeliberately or faintly ; For it was after Reasoning and long Disputation , that they approved and affirmed them , and they were sufficiently Keen in the matter , for they did it Resolutely . 3. The Melvilian Party were over-voted , even as the Question was , then , Stated : The whole Assembly for the most part , stood for Episcopacy as it was then established in Scotland , and would not declare it Unlawful . From all which , I leave to the world to judge , if Presbyterian parity did not meet with opposition , with very great opposition , at its first appearances in Scotland : Neither was this all . As this General Assembly did thus stand its ground , and appeared for Imparity , so it continued of the same sentiments and Resolutions with former Assemblies , in the Matter of the Churches Patrimony ; For , By it , it was resolved also , That they might proceed against unjust possessors of the Patrimony of the Church , in respect of the Notorious Scandal , not only by Doctrine and Admonition , but with the Censures of the Church , and that the Patrimony of the Church , whereupon the Church , the Poor and the Schools should be maintained , was ex jure divino . So 't is in the MS. and so Petrie hath it : (s) Well! Did the Parity-men gain no ground in this Assembly ? Yes , they did : Two things they obtained , which were very useful for them afterwards . They obtained 1. And Act to be made That the Bishops should be obliged to take the charge of particular Congregations . 'T is true , the Assembly could not get this refused after they had approved and affirmed the above-mentioned Articles . For , it was fairly deduceable both from the second and third : But then , it is plain , this Act did militate nothing against the Essentials of Episcopacy : It was highly consistent with Imparity amongst the Governours of the Church : and the Articles evidently import as much : However , as I said , this proved very serviceable to the Melvilian Party , afterwards , as we shall hear . But this was not the worst of it : For 2. The Earl of Morton , then , Regent ( whatever the Presbyterian Historians talk of his being so much for Episcopacy ) made a very ill-favoured , as well as a very fatal step in the time of this Assembly : Take it in Spotswoods words , (t) The Regent hearing how the Church had proceeded , and taking ill the Deposition of Master James Patton Bishop of Dunkeld , who was , in the former Assembly , deprived for Dilapidation of his benifice , sent to require of them ( this Assembly met in April 1576 ) whether they would stand to the Policy agreed unto at Leith ? And if not , to desire them to settle upon some form of Government at which they would abide . The Champions for Parity had fairly met with a second repulse from this Assembly , as I have discoursed , and if all concerned had acted their parts , as they might and ought to have done , and as the cause required , 't is highly credible , that Mother of confusion might have been quit crush't and stifled for ever : But that was not done ; The Prelates themselves were negligent and unactive , as Spotswood intimates , (u) and here , the Regent made this proposition . A proposition , than which , none could be made more surprizingly obliging and acceptable to the Presbyterian Party . All things considered , it was the very thing , the common principles of conduct might have taught them to have askt , next , if they had had things for the asking ; For what can fall out more luckily for those who have a mind to innovate , than to have the old foundations shaken , and leave allowed to erect new Models ? So ill-favoured ( I say ) was this step , which , at this time , was made by Morton , who , by the exigencies of his station , was bound to have guarded against all innovations , especially such as had so natural a tendency to disturb the publick peace ; and therefore I must ask my Readers allowance to make a little digression , if it may be called a digression , and discourse this Question , Whether it may not be thought probable that Morton made this proposition Deliberately , and from ane Intention to Cherish the Presbyterian Party , and encourage their humor for innovating , and confounding the Peace of the Church ? This , perhaps , at first sight , may seem a bold Question , as not only being New , but apparently Crossing the received accounts of our Presbyterian Historians ; But if I can make the affirmative very probable ( if not evident ) I am apt to think , it may bring no small accessions of light to the present subject I am insisting on , viz. how Presbyterianism was first introduced into Scotland ? I will therefore lay down my Reasons for it , that the world may judge of them ; and 1. That which I have already descoursed , seems to be a very fair Argument that Morton made this proposition , intentionally , to give scope and slackened Reins to the Presbyterian Party ; For if he had not made it ; if he had resolved to stand by the Agreement at Leith ; if he had been serious for the Established Government and Peace of the Church ; It had been easy for him to have supprest all Melvil's Projects for innovation . He had visibly , the major part of this Assembly , of his side , if that had been his Aim ; No appearance that the Body of the People was then infected with the principles of Parity . The Nobility were generally for the old constitution , as is evident from no less Authority than Melvil's own , in his Letter to Beza cited before , in which he tells him , He and his Party had many of the Peers against them ; (v) where , then , was there the least difficulty of Crushing the Coccatrice in the Egg , if he had had a mind for it ? Besides , how inconsistent was the making of this proposition with the Integrity and Honesty of a Regent ? The King was , then , a Minor ; The Nation had but just , then , emerged out of a vast Ocean of civil broyls and troubles , which had long harassed it , and kept it in confusion ; nothing more improper for it than to be involved again , instantly , in jarrs and discords ; So that if he had no such Plot , as I am endeavouring to make probable he had , he was , certainly , very unfortunate in granting such a Liberty ; For , considering all things , it looks so very like a Plot , that it cannot but be very hard to perswade a thinking man that there was none . Especially if it be considered 2. That he was a Man , who had latitude enough , to do ill things , if he thought them subservient to his interest . He was wretchedly Covetous , as all Historians agree : And that vice alone disposes a Man for the worst things . He hath observed little of the affairs of the world , and the extravagances of Mankind , who has not observed Avarice and a sordid temper to have put Men on the most abominable courses : who hath not observed , who hath not seen , that Men have sold Religion , Honour , Conscience , Loyalty , Faith , Friendship , every thing that 's sacred , for Money ? Now by making this proposition , He projected a very fair opportunity for gratifying this his predomining appetite . He had so anxiously coveted the Emoluments of the Arch-Bishoprick of St. Andrews in the year 1571 ( as Sir Iames Melvil tells us in his Memoirs (w) that meeting with a repulse , he forsook the Court , and was so much discontented , that he would not return to it , till Randolf the English Ambassadour perswaded Lennox , then Regent , to give it to him ; Promising that the Queen of England should recompence it to him with greater advantage . How much of that Bishoprick he had continued still to possess , after the Agreement at Leith , and Douglass's advancement to that Arch-Bishoprick , I cannot tell ; But it is not to be doubted , whatever it was , it sharpened his stomack for more of the Churches Revenues ; and now , the juncture made wonderfully for him ; For , as he had found by experience , and many Acts of Assemblies , &c. That the Church , careful of her interests , and watchful over her Patrimony , was no ways inclined to sit still and suffer her self to be cheated , and plundered , according to his hungry inclinations ; but was making , and like to continue to make vigorous opposition to all such sacrilegious purposes , so long as she continued united , and settled on the foot on which she then stood ; So he found , that , now , Contention was arising within her own Bowels , and a Party was appearing zealous for innovations , and her peace and unanimity were like to be broken and divided ; and what more proper for him , in these circumstances , than to lay the reins on their necks , and cast a further bone of Contention amongst them ? He knew full well what it was to fish in troubled waters , as Sir Iames Melvil observes of him , (x) and so 't is more than probable he would not neglect such ane opportunity , still so much the more , if it be considered , 3. That whatever professions he might have made , in former times , of good affection to Episcopal Government , yet there is little reason to think that his Conscience was interested in the matter ; For besides that covetous , selfish , subtle men , such as he was , use not to allow themselves to stand too precisely upon all the Dictates of a Nice and tender Conscience ; The Divine Right of Episcopacy , ( the true fund for making it matter of Conscience ) in these times was not much asserted or thought on : That was not , till several years afterwards , when the Controversies about the Government of the Church came to be sifted more narrowly : It is commonly acknowledged that the main Argument which prevailed with him to appear for Episcopacy , was its aptitude for being part of a fund for a good Correspondence with England . Spotswood tells us , (y) that one of the Injunctions which he got when he was made Regent , was , That he should be careful to entertain the Amity contracted with the Queen of England . And Calderwood saith thus expressly of him , (z) His great intention was to bring in conformity with England , in the Church Government , without which , he thought , he could not Govern the Countrey to his Fantasie , or , that , Agreement could stand long between the two Countreys . And again , (a) He pressed his own injunctions and Conformity with England . Now this being the great motive that made him so much inclined , at any time , for Episcopal Government ; It is to be considered , 4. That , however prevalent this might be with him , when , first , he was advanced to the Regency , civil Dissentions raging then , and the Party , of which he was the Head , being unable to subsist , unless supported by England ; Yet now , that all these Dissentions were ended , and the Countrey quieted , and things brought to some appearance of a durable settlement ; His Dependance on England might prompt him to alter his scheme , and incline him to give scope to the Presbyterian wild-fire in Scotland . To set this presumption in its due light , Two things are to be a little further enquired into ▪ 1. If it is probable that Queen Elizabeth was willing that the Presbyterian humor should be Encouraged in Scotland ? 2. If Morton depended so much on her , as to make it feasible that he might be subservient to her Designs , in this Politick ? As for the First , this is certain , it was still one of Queen Elizabeth's great cares to Encourage confusions in Scotland . She knew her own Title was Questionable , as I have observed before ; and tho' that had not been , yet , without Question the Scottish blood had the next best Title to the English Crown : and as 't is Natural to most People to worship the rising Sun , especially when he looks Bright and Glorious ; when he has no Clouds about him ; I mean , the Apparent Heir of a Throne , when he is in a prosperous and flourishing condition ; So , 't is as Natural for the Regnant Prince to be jealous of him . Therefore , I say Queen Elizabeth , for her own security , did still what she could to Kindle wildfire in Scotland , and keep it burning , when it was Kindled . Thus , in the year 1560. She assisted the Scottish subjects against their Native Soveraign ( her jealoused Competitrix ) both with Men and Money , as I have told before : And Anno 1565. She countenanced the Scottish Lords who began to raise tumults about the Scottish Queens Marriage with the Lord Darnley ; She furnisht them with money , and harbour'd them when they were forced to flee for it . And how long did She foment our Civil wars after they brake out Anno 1567 ? What dubious Responses did She give , all the time She Vmpir'd it , between the Queen of Scotland and those who appeared for her Son ? And is it not very well known that She had ane hand in the Road of Ruthven 1582 , and in all our Scottish seditions , Generally ? Sir Iames Melvil in his Memoirs gives us enough of her Practices that way : He lived in these times , and was acquainted with intrigues ; and he tells us , (b) That Randolf came with Lennox ( when he came to Scotland , to be Regent , after Murray's death ) to stay here as English Resident : That this Randolf's great imployment was to foster discords , and increase Divisions among the Scots , particularly , That he used Craft with the Ministers , (c) offering Gold to such of them as he thought could be prevail'd with to accept his offer : 'T is true he adds , But such as were honest refused his gifts : But this says not that none took them ; and who knows but the most Fiery might have been foremost at receiving ? It hath been so , since ; Even when it was the Price of the best blood in Britain . But to go on ; Sir Iames tells further (d) that Morton and Randolf contrived the Plot of keeping the Parliament at Stirling 1571. to forefault all the Queens Lords , thereby to Crush all hopes of Agreement : That he was so much hated in Scotland for being such ane Incendiary , that he was forced to return to England ; Mr. Henry Kellegrew succeeding in his stead , in Scotland ; (e) that this Killegrew , at a private meeting told himself plainly , (f) that he was come to Scotland with a Commission , contrary to his inclinations , which was to encourage Faction , &c. Thus practiced Queen Elizabeth , and such were her Arts and influences in Scotland , before she had the opportunity of improving the Presbyterian humour to her purposes : And can it be imagined she would not encourage it when once it got sooting ? Certainly she understood it , better than so : The Sect had set up a Presbytery at Wandsworth in Surrey in the year 1572 , four years before Morton made this Proposition , seven years before a Presbytery was so much as heard of in Scotland ; No doubt she knew the Spirit well enough , and how apt and well suited , it was for keeping a State in disorder and trouble . Nay , I have heard from knowing Persons , that , to this very day , the Treasury Books of England ( if I remember right , sure I am , some English record or other ) bear the Names of such Scottish Noblemen and Ministers , as were that Queens Pensioners ; and what allowances they got for their Services , in fostering and cherishing seditions and confusions in their Native Countrey ; From this sample , I think , it is easy to collect at least , that it is highly probable that Queen Elizabeth was very willing that the Presbyterian humour should be encouraged in Scotland . Let us try 2. If Morton depended so much on her , as may make it credible that he was subservient to her Designs in this Politick ? And here the work is easy ; For he was her very Creature : he stood by her , and he stood for her . Randolf and he were still in one bottom , (g) The whole Countrey was abused by Randolf and Morton . Morton and Randolf contrived the Parliament 1571. Mentioned before . When Lennox the Regent was killed ; Randolf was earnest to have Morton succeed him , (h) Randolf had no Credit but with Morton , (i) Killegrew told Sir James Melvil at the Private Meeting , mentioned before , (k) That the Queen of England and her Council built their course , neither on the late Regent Lennox , nor the present Mar , but intirely on the Earl of Morton , as only true to their interests . Morton after Mar's death was made Regent , England helping it with all their Might . (l) And again in that same page , Sir Iames tells that those who were in the Castle of Edenburgh , and stood for Queen Mary's Title , were so sensible of all this , that when Morton sent the same Sir Iames to propose ane accommodation to them , He found it very hard to bring on ane Agreement between them and Morton , for the evil opinion that was then conceived of him , and the hurtful marks they supposed by proofs and appearances , that he would shoot at , being by Nature Covetous , and too great with England . And to make all this plainer , yet , Sir Iames tells us that Morton entertaind a Secret Grudge against his Pupil , the Young King. He was ever jealous that the King would be his Ruine . (m) And England gave greater Assistances to Morton , than to any former Regents , for they believed he aim'd at the same mark , with themselves , viz. to intricate the Kings affairs , out of old jealousies between the Stuarts and the Douglases . (n) Now , Let all these things be laid together , and then let the judicious consider if it is not more than probable , That as England had a main hand in the advancement of our Reformation , so it was not wanting to contribute for the encouragement of Presbytery also ; and that Morton playing England's game , which was so much interw●●e● with his own , made this ill favoured Proposition to this Gen. Ass. But however this was , ●l●●her he had such a Plot or not ; It is clea● that his making this proposition , had all the effects he could have projected by being on such a Plot. For No sooner had he made this Proposition than it was greedily entertain'd ; It Answered the Melvilian wishes ; and it was easy for them to find colourable Topicks for obtaining the consent of the rest of the Assembly ; For most part of them were ready to acknowledge that there were Defects , and things to be mended in the Agreement at Leith : And it had been received by the General Assembly in August 1572. for ane Interim only : The revising of that Agreement , might end some Controversies ; and the Regent having made this Proposition , it was not to be doubted , but he would Ratify what they should Unanimously agree to , &c. These and the like Arguments I say , might , ( 't is clear , some Arguments did ) prevail with the Assembly to entertain the Proposition : For A commission was forthwith drawn to nineteen or twenty Persons , to Compose a Second Book of Discipline ; (o) a step by which at that time the Presbyterian got a wonderful advantage over the other Party ; For not only were Melvil and Lawson the two first Rate Presbyterians nominated amongst these Commissioners ; But they had their business much pr●meditated ; They had spent much thinking about it ; and it is not to be doubted , they had Mr. Beza bespoken to provide them with all the Assistance , he and his Colleagues , at Geneva , could afford them : Whereas the rest were Generally very ignorant in Controversies of that Nature : They had all alongst , before that , imployed themselves mainly in the Popish Controversies ; and had not troubled their heads much about the Niceties of Government ; They had taken the Ancient Government , so far , at least , as it subsisted by imparity , upon trust , as they found , it had been Practiced in all ages of the Church ; perceiving a great deal of Order and Beauty in it ; and nothing that naturally tended to have a bad influence , on either the principles or the life of serious Christianity : And with that they were satisfied : Indeed even the best of them seem to have had very little skill in the true fountains whence the solid subsistence of the Episcopal Order was to be derived ; The Scriptures I mean , not as Glossed by the Private Spirit of every Modern Novelist , but as interpreted and understood by the First ages ; as sensed by the constant and universal practice , of Genuine , Primitive and Catholick Antiquity . This charge of Ignorance , in the Controversies about the Government of the Church , which I have brought against the Scottish Clergy , in these times , will certainly leave a blot upon my self , if I cannot prove it : But if I can prove it , it is clear , it is of considerable importance in the present disquisition , and helps much for coming , by a just comprehension , to understand how Presbytery was introduced into Scotland . And therefore I must again beg my Readers patience , till I adduce some evidences for it . And First , The truth of this charge may be obviously collected from the whole train of their proceedings , and management , about the Government of the Church , from the very first Establishment of the Reformation : For however they Established a Government which clearly subsisted by imparity , as I have fully proven , and which was all I still aim'd at , yet , it is easy to Discover they were very far from keeping Closely by the Principles and Measures of the primitive constitution of Church Government . This is so very apparent to any who Reads the Histories of these times , and is so visible in the Deduction I have made , that I shall insist no longer on it . Secondly , The truth of my charge may further appear , from the Instance of Adamson , advanced , this year 1576 , to the Archbishoprick of St. Andrews . That Nature had furnished him with a good stock , and he was a smart Man , and cultivated beyond the ordinary Size , by many parts of good Literature , is not denyed by the Presbyterian Historians themselves ; They never attempt to represent him as a Fool or a Dunce , tho' they are very eager to have him a Man of Tricks and Latitude . Now this Prelates ignorance in true Antiquity is Remarkably visible in his subscribing to these Propositions ( Anno 1580 , if we may believe Calderwood , (p) The Power and Authority of all Pastors is equal , and alike great , amongst themselves . The Name , Bishop , is Relative to the Flock , and not to the Eldership ; For he is Bishop of his Flock , and not of other Pastors , or fellow Elders ; As for the Preheminence that one beareth over the rest , it is the Invention of Man , and not the Institution of Holy Writ . That the ordaining and appointing of Pastors which is also called the laying on of hands , appertaineth not to one Bishop only , so being , Lawful Election pass before ; but to those of the same Province or Presbytery , and with the like Iurisdiction and Authority , Minister at their Kirks . That in the Council of Nice for eschewing of private ordaining of Ministers , it was statuted , that no Pastor should be appointed without the consent of him , who dwelt or remained in the Chief and Principal City of the Province , which they called the Metropolitan City . That after , in the latter Councils , it was statuted , ( that things might proceed more solemnly and with greater Authority ) that the laying on of hands upon Pastors , after Lawful Election , should be by the Metropolitan , or Bishop of the Chief and principal Town , the rest of the Bishops of the Province voting thereto ; In which thing , there was no other Prerogative , but only that of the Town , which , for that cause , was thought most meet both for the conveening of the Council , and Ordaining of Pastors with common Consent and Authority . That the Estate of the Church was corrupt , when the name , Bishop , which before , was common to the rest of the Pastors of the Province , began , without the Authority of Gods Word and ancient Custome of the Kirk to be attributed to one . That the power of appointing and ordaining Ministers , and Ruling of Kirks with the whole procuration of Ecclesiastical Discipline , was , now , only , devolved to one Metropolitan ; The other Pastors no ways challenging their Right and Privilege therein , of very slothfulness , on the one part ; And the Devil , on the other , going about , craftily , to lay the ground of the Papistical Supremacy . From these and such other Propositions , sign'd by him , at that time , it may be judged , I say , if this Prelate did not bewray a very profound ignorance in true Ecclesiastical Antiquity ? Ane Arrant Presbyterian could not have said , could not have wished more Indeed , 't is more than probable ( as perchance may appear by and by ) that these Propositions were taken out , ( either formally , or by collection ) of Mr. Beza's Book De Triplici Episcopatu . Now if Adamson was so little seen in such matters , what may we judge of the rest ? But this is not all , For Thirdly , There cannot be a greater Evidence of the deplorable unskilfulness of the Clergy , in these times , in the ancient records of the Church , than their suffering Melvil and his Party to obtrude upon them , The Second Book of Discipline ; A split new Democratical Systeme ; a very Farce of Novelties never heard of before in the Christian Church . For instance ; What else is the confounding of the Offices of Bishops and Presbyters ? (q) The making Doctors or Professors of Divinity in Colledges and Vniversities a distinct Office , and , of Divine Institution ? (r) The setting up of Lay-Elders , as Governours of the Church , Jure Divino ? Making them Iudges of mens Qualifications to be admitted to the Sacrament ? Visiters of the Sick , &c. (s) Making the Colleges of Presbyters , in Cities , in the primitive times , Lay Eldership ? (t) Prohibiting Appeals from Scottish General Assemblies to any Iudge Civil or Ecclesiastick ? (v) and by consequence to Oecumenick Councils . Are not these Ancient and Catholick Assertions ? What footsteps of these things in true Antiquity ? How easy had it been for men skilled in the Constitution , Government and Discipline of the Primitive Church to have laid open , to the Conviction of all sober Men , the novelty , the vanity , the inexpediency , the impoliticalness , the uncatholicalness of most , if not all , of these Propositions ? If any further doubt could remain concerning the little skill , the Clergy of Scotland , in these times , had , in these matters , it might be further Demonstated . Fourthly , from this plain matter of Fact , viz. that that Second Book of Discipline , in many points , is taken word for word from Mr. Beza's Answers to the Questions proposed to him , by The Lord Glamis , then Chancellor of Scotland . A fair Evidence that our Clergy , at that time , have not been very well seen in Ecclesiastical Politicks ; Otherwise , it is not to be thought they would have been so imposed on , by a single stranger Divine , who visibly aimed at the propagation of the Scheme , which by chance , had got footing in the Church where he lived . His Tractate De Triplici Episcopatu , written of purpose for the advancement of Presbyterianism in Scotland , carries visibly in its whole train , that its design was to draw our Clergy from off the Ancient Polity of the Church ; and his Answers to the Six Questions proposed to him , ( as I said ) by Glanus , contain'd the New Scheme , he advised them to . Now , let us taste a little of his skill in the Constitution and Government of the Ancient Church , or , if you please , of his accounts of her Policy . I take his Book as I find it amongst Saravia's works . He is Positive for the Divine Right of Ruling Elders . (a) He affirms that Bishops arrogated to themselves , the power of Ordination , without Gods allowance . (b) That the Chief foundation of all Ecclesiastical Functions , is , Popular Election ; That this Election , and not , Ordination , or Imposition of hands makes Pastors or Bishops : That Imposition of hands does no more , than put them in possession of their Ministry , ( in the exercise of it , as I take it ) the power whereof they have from that Election ; That , by consequence , 't is more proper to say that the Fathers of the Church are Created by the Holy Ghost , and the suffrages of their Children , than by the Bishops . (c) That Saint Paul in his first Epistle to the Corinthians , in which he expressly writes against , and condemns the Schism which then prevailed there , as foreseeing that Episcopacy might readily be deem'd a remedy against so great ane evil , joyn'd So●thenes with himself in the Inscription of the Epistle , that by his own example he might teach how much that Princeliness was to be avoided in Ecclesiastical Conventions , seeing the Apostles themselves , who are owned to have been , next to Christ , first , in order , and supreme , in degree , did yet Exercise their power by the Rules of Parity . (d) Who will not , at first sight , think this a pretty odd fetch ? But to go on , he further affirms , (e) That Episcopacy is so far from being a proper remedy against Schism , that it has produced many Grievous Schisms , which had never been , but for that Humane Invention . That the Papacy was the fruit of Episcopacy . (f) That the Council of Nice by making that Canon about the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , that the Ancient customes should continue , &c cleared the way for the Roman Papacy ▪ which was then advancing apace ; And founded a Throne for that Whore that sits upon the seven Mountains . (g) That the Primitive Churches were in a flourishing condition so long as their Governours continued to Act in Parity ; And had not yeilded to Prelacy . (h) And yet he had granted before , (i) That humane Episcopacy , as he calls it , was in vogue , in Ignatius his time &c. So that I think they could not flourish much , having so short a time to flourish in . These few● of many such learned Propositions , I have collected out of that Book , which was so successful , at that time , in furthering and advancing the Presbyterian Principles , in Scotland ; And could they be a learned Clergy ? Could they be great Masters at Antiquity and Ecclesiastical History , who swallowed down these Propositions , or were imposed on , by the Book that contain'd them ? 'T is true this Book came not to Scotland till the end of the year 1577 , or the beginning of 1578. But I thought it pardonable to anticipate so far , as , now , to give this account of it , considering how proper it was for my present purpose . We shall have occasion to take further notice of it afterward . Thus , I think , I have made it appear how advantageous Morton's Proposition was to the Presbyterian party : They had occasion , by it , to fall upon forming a New Scheme of Church Governmet and Polity ; They were as well prepared , as they could be for such a nick ; and they had a set of people to deal with , who might easily be worsted in these Controversies . However it seems , the common principles of Politicks , which God and Nature have made , if not inseparable parts , at least , ordinary concomitants of sound and solid reason , did sometimes make their appearances amongst them ; For , that there have been Disputations and Contests , and that some , at least , of the many propositions , contained in the Second Book of Discipline , have been debated and tossed , is evident from the many Conferences , were about it , and the long time was spent before it was perfected and got its finishing stroke from a General Assembly , as we shall find , in our progress . Proceed we now in our deduction . Tho' the Presbyterian Faction had gain'd this advantage in the Assembly 1576 , that they had allowance to draw a new Scheme of Polity , to which they could not but apply themselves very chearfully ; yet , it seems , they were so much humbled by the Repulses they had got , as to the main Question , viz. the Lawfulness of Episcopacy , that they thought it not expedient to try the next Assembly with it , directly , as they had done , unsuccessfully , twice before ; But to wait a little , till their party should be stronger ; and , in the mean time to content themselves with such indirect blows as they could conveniently give it ; such , I say , their deliberations seem to have been , at the next Assembly which was holden at Edenburgh , Octob 24. 1576. For not so much as one word , in that Assembly concerning the Lawfulness , or Unlawfulness of Prelacy , either , Simply , and in it self ; Or , Complexely , as , then , in use in Scotland . 'T is true , Certain ●re●hren , says the MS. some Brethren , says Calderwood ; some , says Petrie ▪ (k) ( without Question , the Melvilians ) proposed that , now , that Mr. Patrick Adamson was nominated for the Archbishoprick of St. Andrews , He might be tryed as to his sufficiency for such a station , according to ane Act , made in March 1575. But it seems the major part of the Assembly have not been for it , for it was not done , as we shall find afterward . Nay , another Act was fairly dispenced with by this Assembly , in favour of Boyd , Archbishop of Glasgow : For , being required to give his answer , if he would take the Charge of a particular Flock , according to the Act made in April before ? He Answered , That he had entered to his Bishoprick according to the Agreement at Leith , which was to stand in force , during the Kings Minority , or till a Parliament should determine otherwise : That he had given his Oath to the Kings Majesty in things appertaining to his Highness : That he was affraid he might incur the Guilt of Perjury , and be called in question , by the King , for changing a member of state , if he should change any thing belonging to the Order , Manner , Priviledges , or Power of his Bishoprick : That therefore he could not bind himself to a particular Flock , nor prejudge the power of Iurisdiction , which he had received with his Bishoprick , &c. Thus he answered , I say , and the Assembly , at that time , satisfied themselves , so far , with this answer , that they pressed him no further , but referred the matter to the next Assembly , as even both Calderwood and Petrie acknowledge . (l) A fair evidence , that in this Assembly , the Presbyterian party was the weaker . However , One indirect step they gain'd in this Assembly also . By the First Book of Discipline , Hedd 9. (m) It was appointed that the Country Ministers and Readers should meet , upon a certain day of the week in such Towns , within six miles distance , as had Schools , and to which there was repair of Learned men , to exercise themselves in the Interpretation of Scripture , in imitation of the practice in use among the Corinthians , mentioned 1 Cor. 14.29 . These Meetings , it seems , had been much neglected and disfrequented in most places . It was therefore enacted by this Assembly , That all Ministers within eight miles , &c. should resort to the place of exercise , each day of exercise , &c. This , (n) I say , was useful for the Presbyterian designs ; For these Meetings were afterwards turn'd into Presbyteries , as we shall find when we come to the year 1579. And so 't is very like , the motion , for reviving them , was made by those of the Faction ; For no man can deny that they have still had enough of Draught in their Politicks . The next Assembly was holden April 1. Anno 1577. No direct progress made , now , neither , as to the main Question : And only these indirect ones : 1. The Archbishop of Glasgow was obliged to take the charge of a particular Flock ; if we may believe Calderwood , (o) but neither the MS. nor Petrie hath it . 2. The Archbishop of St. Andrews being absent ; full power was given to M. Robert Pont , M. Iames Lawson , David Ferguson , and the Superintendent of Lothian , conjunctly ; To cite him before them , against such day or days as they should think good ; to try and examine his entry and proceeding , &c. with power also to summon the Chapter of St. Andrews , or so many of that Chapter as they should judge expedient , and the Ordainers or Inaugurers of the said Archbishop ( observe here , the Bishops , in these times were Ordained or Inaugurated ) as they should find good , for the better tryal of the premisses : And in the mean time , to discharge him of further visitation , till he should be admitted by the Church . (p) Here , indeed , the Melvilians obtain'd in both Instances , that which was refused them by the last Assembly : However , nothing done Directly ( as I said ) against the Episcopal Office : On the contrary , Adamson ▪ it seems , might exerce it , when admitted by the Assembly . May I not reckon the Fast appointed by this Assembly , as a third step gained by our Parity-men ? A successful Establishment of perfect Order and Polity in the Kirk , was one of the reasons for it . (q) And ever since it hath been one of the Politicks of the Sect to be Mighty for Fasts , when they had extraordinary projects in their heads ; and then , if these Projects ( however wicked , nay tho' the very wickedness which the Scripture makes as bad as witchcraft ) succeeded ; To entitle them to Gods Grace ▪ and make the success , the Comfortable Return of their pious Humiliations , and sincere Devotions . I find also that Commissioners were sent by this Assembly to the Earl of Morton to acquaint him that they were busy about the matter and argument of the Polity ; and that his Grace should receive Advertisement of their further proceedings ; and that these Co●●issioners , having returned from him , to the Assembly , reported , That His Grace liked well of their travels and labours , in that matter ; and required expedition and haste ; Promising , that when the particulars should be given in to him , they should receive a good Answer . (r) So Calderwood and the MS. From which , two things may be observed : the First , is , a further Confirmation of the suspicion I insisted on before , viz. That Morton was truly a Friend to the Innovators . The second , that the Second Book of Discipline had hitherto gone on but very slowly : Why else would his Grace have so earnestly required Expedition and hasty Outred ( as the MS. words it , i. e. Dispatch ) and promised them a good answer when the particulars should be given in to him ? The truth is , there was one good reason for their proceeding so leisurely in the matter of the Book : Beza's Answer to Glamis his Letter was not yet returned . Thus two General Assemblies passed , without so much as offering at a plain , a direct Trust against Imparity : Nay , it seems matters were not come to a sufficient Maturity for that , even against the next Assembly . It was holden at Edenburgh , Octob. 25. 1577. And not so much as one word in the MS. Calderwood or Petrie , relating either directly or indirectly to the main Question . But two things happened a little after this Assembly , which animated Melvil and his Party to purpose . One was , Morton's quitting the Regency : For , whatever services he had done them , he was so obscure and Fetching in his measures , and so little to be trusted , that they could not rely much upon him : And now that he had demitted , they had a fair prospect of playing their game to better purpose than ever : They were in possessions of the Allowance he had granted them to draw a New Scheme of Policy ; They had a Young King who had not yet arrived at the twelfth year of his Age , to deal with ; By consequence they were like to have a divided Court and a Factious Nobility ; and they needed not doubt , if there were two Factions in the Kingdom , that one of them would be sure to Court them , and undertake to promote their Interests . The other encouragement , which did them every whit as good service , was Beza's Book , De Triplici Episcopatu , Divino , Humano , & Satanico , with his Answers to the Lord Glamis his Questions , which about this time was brought to Scotland : as is clear from Calderwood . (s) Beza , it seems , put to it , to Defend the Constitution of the Church of Geneva had imployed his wit and parts ( which certainly were not contemptible ) in patching together such a Scheme of principles , as , he thought , might be defended : That 's a method most men take too frequently , First , to resolve upon a Conclusion , and then , to stretch their inventions and spend their pains for finding Colours and plausibilities to set it off with . Beza , therefore , I say , having been thus at pains to digest his thoughts the best way he could on this subject ; and withal being possibly , not a little elevated , That the Lord High Chancellor of a Foreign Kingdom , should Consult him , and ask his Advice concerning a point of so great importance as the constitution of the Government of a National Church ; Thought it not enough , it seems , to return an Answer to his Lordships Questions , and therein give him a Scheme ; which was very easy for him to do , considering , he needed be at little more pains , than to transcribe the Genevian Establishment ; But he applied himself to the main Controversie which had been started by his Disciple , Melvil , in Scotland , ( and 't is scarcely to be doubted that it was done at his instignation ) and wrote this his Book , wherein , tho' he asserted not the absolute Vnlawfulness of that which he called Humane Episcopacy ( he had not brow enough for that , as we have seen already ) , (t) yet he made it wonderously dangerous , as being so naturally apt to Degenerate into the Devilish , the Satanical Episcopacy . This Book , I say , came to Scotland , about this time , viz. either in the end of 1577. or the beginning of 1578. and ( tho' I have already given a Specimen of it ) who now could hold up his head to plead for Prelacy ? Here was a Book written by the Famous Mr. Beza , the Successor of the great Mr. Calvin ; the present great Luminary of the Church of Geneva ; our Elder Sister Church ; the Best Reformed Church in Christendom ; Who would not be convinced now that Parity ought to be Established and Popish Prelacy abolished ? And ▪ indeed , it seems , this Book came , seasonably , to help the good new cause ( for it behoved to take some time before it could merit the name of the good old one ) for , we have already seen how slowly and weakly it advanced before the Book came : But now we shall find it gathering strength apace , and advancing with a witness . Nay , at the very next Assembly it was in a pretty flourishing condition . This next Ass. met , Apr. 24. Anno 1578. And Mr. Andrew Melvil was chosen Moderator ; the Prince of the Sect had the happiness to be the Praeses of the Assembly , and presently the work was set a going . Amongst the first things done , in this Ass ▪ , it was enacted , That Bishops and all others bearing Ecclesiastical Function , should be called by their own names , or Brethren , in all time coming . (u) No more Lord Bishops ! and it was but consequential to the great Argument , which was , then , and , ever since , hath been in the mouths of all the party , The Lords of the Gentiles , &c. Matt. 20.25 . Luke 22.25 . This was a step worthy of Mr. Andrew's Humility , which was not like other mens Humility's , consisting in Humbling themselves , but of a new species of its own , consisting in Humbling of his Superiours . Indeed , after this , he still treated his own Ordinary the Archbishop of Glasgow , in publick , according to this Canon ; Tho' when he was at his Graces table , where he got better entertainment than his own Commons ( for he was , then , in the College of Glasgow ) he could give him all his Titles of Dignity and Honour . (v) But , Another more important Act was made , by this Assembly ; Take it , word for word from Calderwood who agrees exactly with both the MS. and Pet. (w) Forasmuch as there is great corruption in the State of Bishops , as they are presently set up , in this Realm , whereunto the Assembly would provide some stay , in time coming , so far as they may , to the effect that farther corruption may be bridled ; The Assembly hath concluded , that no Bishop shall be Elected or Admitted before the next General Assembly ; Discharging all Ministers and Chapters to proceed , any ways , to the Election of the said Bishops , in the mean time , under the pain of perpetual Deprivation ; And that this matter , be proponed first in the next Assembly , to be consulted what farther Order shall be taken therein . Here was ground gain'd indeed ; However , this was but preparatory still ; Nothing , yet , concluded concerning the Vnlawfulness of the Office ; It was consistent with this Act that Episcopacy should have continued , its corruptions being removed . Neither are we , as yet , told what these corruptions were ; It seems , even the Presbyterians themselves , tho' in a fair condition , now , to be the prevailing party , had not yet agreed about them . Indeed . another Assembly must be over , before we can come by them . Leaving them , therefore till we come at them ; proceed we with this present Assembly . Another Fast was appointed by it ; The Nation , it seems , was not yet sufficiently diposed for Presbytery : Rubs and difficulties were still cast in the way ; and the good cause was deplorably retarded . So 't is fairly imported in the Act for this Fast : The corruption of all Estates : Coldness in a great part of the Professors : That God would put it in the Kings heart and the hearts of the Estates of Parliament , to Establish such a Policy and Discipline in the Kirk , as is craved in the word of God , &c. These are amongst the prime Reasons in the narrative of this Act for Fasting . (x) Indeed , all this time the Book of Discipline was only in forming ; It had not yet got the Assemblies Approbation . The next General Assembly met at Stirling , Iune 11. this same year , about six weeks or so , after the Dissolution of the former : But the Parliament was to sit ; and it was needful the Assembly should sit , before , to order Ecclesiastick business for it . And , now , it seems there was little struggling ; For the Assembly , all in one ▪ voice ( as it is in MS. Calderwood and Petrie , (y) concluded , That the Act of the last Assembly , discharging the Election of Bishops , &c. should be extended to all time coming : And here Petrie stops ; But the MS. and Calderwood add , ay and while , the corruptions of the Estate of Bishops , be , all utterly , taken away . And they ordained , That all Bishops already Elected should submit themselves to the Gen. Ass. Concerning the Reformation of the Corruptions of that Estate of Bishops , in their Persons ; Which , if they refused to do , after Admonition , that they should be proceeded against to Excommunication . This Ass. met , as I said on the 11 th of Iune , and indeed it seems the weather has been warm enough : Yet neither , now , did they adventure again upon the Main Question , nor ennumerate the Corruptions of the Estate of Bishops . By this Assembly , a Commission was also granted to certain Persons to attend the Parliament , and Petition that the Book of Discipline might be Ratified ; Tho' all the Articles were not , as yet , agreed to . A pretty Odd overture , to desire the Parliament to Ratify what they themselves had not perfectly Concerted . The next Assembly met at Edenburgh , Octob. 24. of that same year 1578. And it was but reasonable to have three Assemblies in six Months , when the Church was so big with Presbytery . And , now , the Corruptions , so frequently talk't of before , were ennumerated ; and the Bishops were required to Reform them in their Persons . They were required , 1. To be Ministers or Pastors of one Flock . 2. To usurp no Criminal Iurisdiction . 3. Not to vote in Parliament in Name of the Kirk , without Commission from the General Assembly . 4. Not to take up , for maintaining their Ambition and Riotousness , the Emoluments of the Kirk , which ought to sustain many Pastors , the Schools , and the Poor ; But to be content with reasonable livings , according to their Office. 5. Not to claim the Titles of Temporal Lords , nor usurp Civil Iurisdiction , whereby , they might be Abstracted from their Office. 6. Not to Empire it over particular Elderships , but be subject to the same : So the MS. Calderwood and Petrie have it , tho' Spotswood has the word , Presbyteries ; (z) Which I take notice of , because the unwary Reader , when he reads , Presbyteries , in Spotswood , may take them for these Ecclesiastical Judicatories which now are so denominated , whereas there were none such as yet in the Nation . 7. Not to usurp the Power of the Pastors ( says the MS. ) nor take upon them to visit any Bounds not committed to them by the Church . 8. And lastly , If any more Corruptions should , afterward , be found in the Estate of Bishops , to consent to have them Reformed . These were the Corruptions : and particularly at that same very time , the two Archbishops were required to Reform them in their Persons . What Adamson , Archbishop of St. Andrews did , or said , on this occasion , I know not ; But , it seems he submitted not : For I find him , again , required to do it by the next Assembly . And that it was particularly laid to his charge that he had opposed the Ratification of the Book in Parliament . But , Boyd Archbishop of Glasgow did certainly behave at this Assembly like a Person of great worth and a Man of Courage , suitable to his Character , giving a brave and resolute Answer : You may see it in Spot . Cald. and Pet. (a) I have not leisure to transcribe it : But it pleased not the , now , too much Presbyterian Assembly ; and no wonder , for he spake truely like a Bishop . The next Assembly was holden at Edenburgh , in Iuly , Anno 1579. The King sent a Letter to them , whereby he signified his dislike of their former proceedings , and fairly advised them to shew more temper , and proceed more deliberately . Calderwood calls it ane Harsh Letter : It is to be seen , word for word , both in him and Petrie . (b) But what had they to do with the Kings of this World , especially such Babie Kings as King Iames was , then ; they , I say , who had now the Government of Christs Kingdom to settle ? However , no more was done against Prelacy , at this time , than had been ordered formerly . Indeed there was little more to be done , but to declare the Office abolished ; But that , it seems they were not yet Ripe for ; Perchance the Corruptions mentioned before had proved a little Choaking , and peoples stomachs could not be , so soon , disposed , for another dish of such strong meat in ane instant ; so , that was reserved till the next Assembly . Nevertheless , In the mean time take we Notice of one thing which we never heard of before ; which started up in this Assembly ; and which must not be forgotten . It was proposed by the Synod of Lothian ( saith Calderwood , (c) That a General Order might be taken for Erecting of Presbyteries in places where publick exercise was used , until the Polity of the Church might be Established by Law. And it was Answered by the Assembly , That the exercise was a Presbytery , (d) A Presbytery turned afterwards , and , now , is , one of the most specifick , essential and indispensible parts of the Presbyterian constitution . Provincial Synods can sit only twice in the year , General Assemblies , only once , according to the Constitution . 'T is true , 't is allowed to the King to Convocate one extraordinarily , & pro re natà as they call it : And the Kirk claims to have such a power too , as she sees occasion . But then 't is as true , that Kings have been so disgusted at such meetings that they have hindred General Assemblies to meet for many years : So that their meetings are uncertain ; and in innumerable cases , there should be too long a Surcease of Ecclesiastical Iustice , if Causes should wait , either on them , or Provincial Synods . The Commission of the General Assembly , as they call it , is but ane accidental thing : The suddain dissolution of a General Assembly can disappoint its very being ; as just now there is none , nor has been , since the last Assembly , which was so surprizingly dissolved in February 1692. When there is such a Court , it commonly sits but once in three Months ; and it meddles not with every matter ; Besides , many of themselves do not love it ; and look upon it as ane error in the Custome of the Kirk , for it was never made part of the Constitution by any Canon of the Kirk nor Act of Parliament . But A Presbytery is a Constant Current Court ; They may meet when they will ; Sit while they will ; adjourn whither , when , how long , how short time soever , they will. They have all the substantial Power of Government and Discipline ; They have really a Legislative Power ; They can make Acts to bind themselves and all those , who live within their Jurisdiction ; and they have a very large Dose of Executive power ; They can Examine , Ordain , Admit , Suspend , Depose , Ministers ; They can Cite , Iudge , Absolve , Condemn , Excommunicate whatsoever Criminals . The Supreme power of the Church , under Christ is Radically and Originally in them ; It is in General Assemblies , themselves , Derivatively , only , and as they Represent all the Presbyteries in the Nation ; and , if I mistake not , if a General Assembly should Enact any thing , and the greater part of the Presbyteries of the Nation , should Reprobate it , it would not be binding ; and yet how necessary , how useful , how powerful so ever , these Courts are , tho' they are essential parts of the constitution ; tho' they may be really said to be that which Specifies Presbyterian Government ; This Time , this seventh or eighth or tenth of Iuly , Anno 1579 , was the first time they were heard of , in Scotland . That which was called the Exercise before , was nothing like a Court ; had no imaginable Iurisdiction ; Could neither Injoyn Pennance to the smallest Offender , nor Absolve him from it ; It could exert no Acts of Authority : It had not so much Power as the meanest Kirk-session : It was nothing like a Presbytery : and , however it was said , in this Assembly , That the Exercise was a Presbytery , yet , that saying ( as omnipotent as a Presbyterian Assembly is ) did not make it one . That was not a Factive proposition . There were no Presbyteries erected at this time : The First that was erected , was the Presbytery of Edenburg : And if we may believe Calderwood himself , (e) That Presbytery was not erected till the thirtieth day of May 1581. more time was run before the rest were erected : They were not agreed to by the King till the year 1586. They were not Ratified by Parliament till the year 1592. And now let the Impartial Reader judge if it is probable that our Reformers , who never thought on Presbyteries , were of the present Presbyterian principles ? Were they Presbyterians who never understood , never thought of , never dream'd of that , which is so Essential to the constitution of a Church , by Divine Institution , according to the present Presbyterian principles ? But doth not G. R. in his First Vindication of the Church of Scotland , in Answer to the First Question , § . 8. tell us that the Real Exercise of Presbytery in all its meetings , lesser and greater , continued and was allowed in the year 1572 , &c. True , he saith so : But no Man but himself ever said so : But I know the Natural History of this Ignorant blunder ; His Historian Calderwood had said that the Kirk of Scotland ever since the beginning , had four sorts of Assemblies , (f) and this was enough for G. R. For what other could these four sorts of Assemblies be , than Kirk-Sessions , Presbyteries , Provincial Synods , and General Assemblies ? But if he had , with the least degree of any thing like attention read four or five lines further , he might have seen that Calderwood himself was far from having the brow to assert that Presbyteries were , then , in being : For having said there were four sorts of Assemblies from the beginning , he goes on to particularize them , thus , National , which were commonly called General Assemblies ; Provincial , which were commonly called by the General Name of Synods ; Weekly Meetings of Ministers and Readers for interpretation of the Scripture , whereunto succeeded Presbyteries , that is , Meetings of many Ministers and Elders for the Exercise of Discipline ; and the Eldership of every Parish , which others call a Presbytery . In which account , it is evident , that he doth not call these weekly Meetings for interpretation of the Scriptures , Presbyteries ; But says , that Presbyteries succeeded to these weekly Meetings ; and he gives quite different Descriptions of these weekly Meetings and Presbyteries ; making the weekly Meetings to have been of Ministers and Elders for the interpretation of Scripture ; and Presbyteries to have been ( as they still are ) Meetings of many Ministers and Elders , for the Exercise of Discipline . 'T is true , he might have , as well , said , that Presbyteries succeeded to the Meeting of the Four Kings against the Five , or of the Five against the Four , mentioned in the 14 th Chapter of the Book of Genesis ; For the Meetings of these Kings were before our Presbyteries , I think , in order of time : And these Meetings of these Kings were as much like our present Presbyteries , as those Meetings were , which were appointed at the Reformation for the inte●pretation of Scripture ; So that even Calderwood himself was but tri●ling when he said so : But tri●ling is one thing , and impudent founding of false History upon another Mans trifling , is another . But enough of this Author at present ; we shall have further occasions of meeting with him . This Assembly was also earnest with the King that the Book of Policy might be farther considered ; and that farther Conference might be had about it ; That the Heads , not agreed about , might be compromised , some way or other . (g) But the King , it seems , listned not ; For they were at it again , in their next Assembly . And now that I have so frequently mentioned this Second Book of Discipline , and shall not have occasion to proceed much further in this wearisome Deduction ; Before I leave it , I shall only say this much more about it . As much stress as the Presbyterian party laid on it , afterwards , and continue , still , to lay on it ; as if it were so very exact a Systeme of Ecclesiastical Polity ; yet , at the beginning , the Compilers of it , had no such Confident sentiments about it ; For , if we may believe Spotswood , (h) ( and herein he is not contradicted by any Presbyterian Historian ) when Master David Lindesay , Mr. Iames Lawson and Mr. Robert Pont , were sent by the Assembly to present it to the Regent , Morton , in the end of the year 1577 , They intreated his Grace to receive the Articles presented to him , and if any of them did seem not agreeable to reason , to vouchsafe Audience to the Brethren , whom the Assembly had named to attend . Not , that they thought it a work complete , to which nothing might be added , or from which nothing might be diminished ; for , as God should reveal further unto them , they should be willing to help and renew the same . Now , upon this Testimony , I found this Question ▪ Whither the Compilers of the Second Book of Discipline , could ▪ in reason , have been earnest that this Book , which they acknowledged not to be a work so complete , as that nothing could be added to it or taken from it , should have been confirmed by ane Oath , and sworn to , as ane Vnalterable Rule of Policy ? Are they not injurious to them who make them capable of such a bare faced absurdity ? Indeed whatever our present Presbyterians say , and with how great assurance soever , they talk to this purpose , this is a Demonstration , that the compilers of it , never intended , nay could not intend , that it should be sworn to in the Negative Confession . That it was not sworn to in that Confession , I think , I could prove with as much evidence as the nature of the thing is capable of , if it were needful to my present purpose : But not being that , I shall only give this further Demonstration , which comes in here naturally enough , now , that we have mentioned this Book so often . The Negative Confession was sworn to and subscribed by the King and his Council upon the 28. of Ianuary 1580 / 1. (i) Upon the second of March thereafter the King gave out a Proclamation , ordering all the subjects to subscribe it . (k) But the King had never approven , never owned , but on the contrary , had constantly rejected the Second Book of Discipline ; Nay it was not Rati●ied , got not its finishing stroke from the General Assembly it self , till towards the end of April in that year 1581. By necessary consequence , I think , it was not sworn to in the Negative Confession . And thus I leave it . Proceed we now to the next Assembly . It met at Dundee upon the twelfth of Iuly 1580. full twenty years after the Reformation ; For the Parliament which Established the Reformation , ( as the Presbyterian Historians are earnest to have it ) had its first Meeting on the tenth of Iuly 1560. This , this was the Assembly , which , after so many fencings and strugglings , gave the deadly Thrust to Episcopacy . I shall transcribe its Act word for word from Calderwood , who has exactly enough taken it from the MS. and both Spotswood and Petrie agree , (l) It is this , Forasmuch as the Office of a Bishop , as it is now used and commonly taken within this Realm , hath no sure Warrant , Authority nor good Ground out of the Book and Scriptures of God , but is brought in by the Folly and Corruptions of mens invention , to the great overthrow of the true Kirk of God , The whole Assembly , in one voice , after Liberty given to all men to Reason in the matter , none oppening themselves in defence of the said pretended Office ; Findeth and Declareth the same pretended Office , Vsed and Termed as is abovesaid , Vnlawful in the self , as having neither Fundament , Ground nor Warrant in the word of God ; And Ordaineth , that all such Persons as brook , or hereafter shall brook the said Office , be charged simpliciter to dimit , quite , and leave off , the Samine ; as ane Office whereunto they are not called by God ; and sicklike to desist and cease from preaching , Ministration of the Sacraments , or using , any way , the Office of Pastors , while they receive , de novo , Admission from the General Assembly , under the pain of Excommunication to be used against them ; Wherein , if they be found Disobedient , or Contraveen this Act in any point , The sentence of Excommunication , after due admonition , to be execute against them . This is the Act. Perhaps it were no very great difficulty to impugn the Infallibility of this true blue Assembly , and to expose the boldness , the folly , the iniquity , the preposterous zeal , which are conspicious in this Act ; Nay , yet , after all this , to shew , that the Zealots for Parity had not arrived at that height of Effrontery , as to Condemn Prelacy , as simply and in it self Unlawful : But , by this time , I think , I have performed my promise , and made it appear that it was no easy task to Abolish Episcopacy and Introduce Presbytery ; to turn down Prelacy , and set up Parity in the Government of the Church , when it was first attempted , in Scotland : And therefore I shall stop here , and bring this long Disquisition upon the Second Enquiry to a Conclusion ; after I have Recapitulated and represented in one intire view , what I have at so great length deduced . I have made it appear , I think , That no such Article was believed , professed or maintained by the body of any Reformed or Reforming Church , or by any Eminent and Famous Divine in any Reformed or Reforming Church , while our Church was a Reforming ; No such Article , I say , as that , of the Divine and indispensible Institution of Parity , and the Vnlawfulness of Prelacy or Imparity amongst the Governours of the Church : I have made it appear that there is no reason to believe that our Reformers were more prying in such matters than the Reformers of other Churches : I have made it appear that there is not so much as a syllable , a shew , a shadow of ane Indication , That any of those who Merited the Name of our Reformers , entertain'd any such Principle , or maintain'd any such Article : I have made it appear that our Reformation was carryed on , much , very much , by the Influences , and upon the principles of the English Reformers , amongst whom that principle of parity had no imaginable footing : These are , at least , great presumptions of the Credibility of this , That our Reformers maintain'd no such principle . Agreeably to these presumptions , I have made it appear that our Reformers proceeded de Facto upon the principles of Imparity : They formed their petitions for the Reformation of our Church , according to these principles : The first Scheme of Church Government , they erected , was Established upon these principles : Our Superintendents , were notoriously and undeniably Prelates : The next Establishment , in which the Prelates resumed the old Names and Titles of Archbishops and Bishops , was the same for substance , with the first : At least , they did not differ as to the point of Imparity : I have made it appear that this second Establishment was agreed to , by the Church , unanimously , and submitted to calmly and peaceably ; and that it was received as ane Establishment which was intended to continue in the Church : At least , no Objections made against it , no appearances , in opposition to it , no indications of its being accepted , only for ane Interim upon the account of Imparity's being in its constitution : I have made it appear that Imparity was received , practised , owned and submitted to , and that Prelates were suitably honoured and dutifully obeyed , without reluctancy , and without interruption , for full fifteen years after the Reformation ; and I have made it appear , that , after it was called in Question , its Adversaries found many Repulses , and mighty difficulties , and spent much travel , and much time , no less than full five years , before they could get it Abolished ; and if the Deduction I have made puts not this beyond all doubt , it may be further confirmed by the Testimonies of two very intelligent Authors ; The first is that ingenious and judicious Author who wrote the accurate piece , called Episcopacy not Abjured in Scotland , published Anno 1640. Who affirms positively , (m) That it was by Reason of opposition made to the Presbyterians , by many wise , learned and Godly Brethren , who stood , firmly for the Ancient Discipline of the Church , that Episcopacy was so long a condemning . It appears from his Elaborate work that he was ane ingenuous as well as ane Ingenious Person , and living then , and having been at so much pains to inform himself concerning not only the Transactions , but the Intrigues of former times , it is to be presumed , he did not affirm such a proposition without sufficient ground : But whatever dust may be raised about his Credit and Authority ; Sure I am , my other witness is unexceptionable . He is King Iames the Sixth of Scotland , and the First of England ; This Great and Wise Prince lived in these times in which Presbytery was first introduced ; and I think it is scarcely to be Questioned , That he understood , and could give a just account of , what passed , then , as well as any man , then , living ; and he in his Basilion Doron , (n) affirms plainly , That the Learned , Grave and Honest Men of the Ministery , were ever ashamed of , and offended with , the Temerity and Presumption of the Democratical and Presbyterian party . All these things , I say , I think , I have made appear sufficiently ; and so I am not affraid to leave it to the world to judge , Whither our Reformers were of the present Presbyterian principles ? Only one thing more , before I proceed to the next Enquiry . Our Presbyterian Brethren , Calderwood , Petrie and G. R. ( as I have already observed ) are very earnest and careful to have their Readers advert , that when Episcopacy was Established by the Agreement at Leith , Anno 1572. the Bishops were to have no more Power , than the Superintendents had before ; and , indeed it is true , they had no more , as I have already acknowledged ; But I would advise our Brethren to be more Cautious in insisting on such a dangerous point , or Glorying in such a Discovery , hereafter ; For thus I Argue . The Episcopacy Agreed to at Leith , Anno 1572 , as to its Essentials , its Power and Authority , was the same with the Superintendency Established at the Reformation , Anno 1560. But the General Assembly holden at Dundee , Anno 1580. Condemned the Power and Authority of the Episcopacy , Agreed to at Leith , Anno 1572. Ergo they condemnd the Power and Authority of the Superintendency Established by our Reformers , Anno 1560. Ergo , the Assembly 1580. not only forsook , but Condemned the principles of our Reformers : But if this Reasoning holds ; I think our present Presbyterian Brethren have no Reason to Claim the Title of Successors to our Reformers : They must not ascend so high as the year 1560 , They must stand at the year 1580 ; For , if I mistake not , the Laws of Heraldry will not allow them to call themselves the True Posterity of those whom they Condemn , and whose principles they Declare Erroneous . In such Moral Cognations , I take Oneness of principle to be the foundation of the Relation , as Oneness of Blood , is in Physical Cognations . Let them not , therefore , go farther up than the year 1580. Let them date the Reformation from this Assembly at Dundee , and Own Master Andrew Melvil and Iohn Durie , &c. for their First Parents . When they have fixed there , I shall , perchance , allow them to affirm that the Church of Scotland was Reformed ( in their sence of Reformation ) by Presbyters , that is Presbyterians . Proceed we now to The Third Enquiry . Whether Prelacy , and the Superiority of any Office , in the Church , above Presbyters , was a great and insupportable Grievance , and trouble to this Nation , and contrary to the inclinations of the Generality of the People , EVER since the Reformation ? Considering what hath been Discoursed , so fully on the former Enquiry , this may be very soon dispatched : For , If Prelacy , and the Superiority of other Officers in the Church , above Presbyters , was so unanimously consented to , and Established at the Reformation ; If it continued to be Owned , Revered , and Submitted to , by Pastors and People , without interruption , without being ever called in Question for full fifteen years after the Reformation ; If , after it was called in Question , its Adversaries found it so hard a task to subvert it , that they spent five years more , before they could get it subverted and declared Vnlawful , even , as it was , then , in Scotland ; If these things are true , ( I say ) I think it is not very Credible , that it was a great and insupportable Grievance and trouble to this Nation , and contrary to the Inclinations of the Generality of the People EVER since the Reformation . This Collection I take to be as clear a Demonstration as the subject is capable of . But beside this , we have the clear and consentient Testimonies of Historians to this purpose . Petrie (a) delivers it thus , Mercy and Truth , Righteousness and Peace , had never , since Christs coming in the Flesh , a more Glorious Meeting and Amiable Embracing , on Earth ; Even so , that the Church of Scotland justly obtain'd a Name amongst the Chief Churches and Kingdoms of the world — The hottest Persecutions had not greater Purity ; The most Halcyon times had not more Prosperity and Peace ; The best Reformed Churches , in other places , scarcely Parallel'd their Liberty and Vnity . Spotswood , (b) thus , The Superintendents were in such Respect with all Men , as , notwithstanding the Dissensions that were in the Country , no Exception was taken at their proceedings , by any of the parties ; But all concurred in the Maintainance of Religion ▪ And in the Treaties of Peace made , That was ever one of the Articles : such a Reverence was , in those times , carried to the Church ; The very form of Government purchasing them Respect . I might also cite Beza himself to this purpose , in his Letter to Iohn Knox , dated , Geneva , April 12. 1572 : wherein he Congratulates heartily the happy and Vnited state of the Church of Scotland . Perhaps it might be no difficult task to adduce more Testimonies : But the truth is , no man can Read the Histories and Monuments of these times without being convinced that this is true ; and that there cannot be a falser proposition , than , That Prelacy was such a Grievance , then , or , so contrary to the Inclinations of the Generality of the People . Further , even in succeeding times , even after it was Condemnd by that Assembly 1580 , it cannot be proven that it was such a Grievance to the Nation . 'T is true indeed , some Hot-headed Presbyterian Preachers endeavoured , all they could , to possess the People with ane opinion of its Antichristianism , forsooth , and that it was a Brat of the Whore , a Limb of Popery , and what not ? But all this time , no account of the Inclinations of the Generality of the People against it . On the contrary , nothing more evident , in History , even Calderwoods History , than that there was no such thing . Is it not obviously observable , even in that History , that after the Civil Government took some 12 or 14 of the most forward of these Brethren , who kept the pretended Assembly , at Aberdeen , Anno 1605 a little Roundly to Task , and some 6 or 8 more were called by the King , to attend his will , at London , all things went very peaceably in Scotland ? Was not Episcopacy restored by the General Assembly at Glasgow , Anno 1610 , with very great Unanimity ? Of more than ane hundred and seventy voices , there were only five Negative and seven , Non liquet . Nay Calderwood himself hath recorded that even these Ministers , who went to London , after their return , submitted peaceably to the , then , Established Prelacy . And there are few things more observable in his Book , than his Grudge , that there should have been such a General Defection from the good Cause . Indeed I have not observed , no not in his History , that there were six in all the Kingdom , who , from the Establishment of Episcopacy , Anno 1610. did not attend , at Synods , and submit to their Ordinaries ; I do not remember any except two , Calderwood himself , and one Iohnston at Ancrum ; and even these two pretended other Reasons than Scruple of Conscience for their withdrawing . It is further observable that the Stirs which were made , after the Assembly , at Perth , Anno 1618. were not pretended to be upon the account of Episcopacy ; Those of the Gang , could not prevail , it seems , with the Generality of the People to tumultuate on that account . All that was pretended were the Perth Articles : Neither did the Humour against these Articles prevail much , or far , all the time King Iames lived , nor for the first twelve years of King Charles , his Son and Successor ; It fell asleep , as it were , till the Clamours against the Liturgy and Book of Canons , awakened it Anno 1637 : And all that time , I mean , from the year 1610 , that Episcopacy was restored , till the year 1637 , that the Covenanting work was set on foot , Prelacy was so far from being a great and insupportable Grievance and Trouble to this Nation , and contrary to the Inclinations of the Generality of the People ; that , on the contrary , it was not only Generally submitted to , but , in very good esteem . Indeed , it is certain , the Nation had never more Peace , more concord , more plenty , more profound quiet and prosperity , than in that Interval . Let no man reckon of these things as naked Assertions : I can prove them ; And hereby I undertake ( with Gods allowance and assistance ) to prove all I have said , and more , if I shall be put to it . But I think my cause requires not that it should be done at present . Nay further yet , I don't think it were ane insuperable task , if I should undertake to maintain , that , when the Covenanting Politick was set on foot , Anno 1637. Prelacy was no such Grievance to the Nation . This I am sure of , it was not the Contrariety of the Generality of the Peoples Inclinations to Prelacy that first gave life and motion to that Monstrous Confederation . Sure I am , it was pretty far advanced , before the Leading Confederates offered to fix on Prelacy , as one of their Reasons for it : So very sure , that it is easy to make it appear , that they were affraid of nothing more , than that the Generality of the People should smell it out , that they had designs to overturn Episcopacy . How often did they Protest to the Marquis of Hamilton , then , the Kings Commissioner , that their meaning was not to Abolish Episcopal Government ? (c) How frank were they to tell those , whom they were earnest to Cajole into their Covenant , that they might very well swear it , without prujudice to Episcopacy ? (d) Nay how forward were the Presbyterian Ministers themselves to propagate this pretence ? When the Doctors of Aberdeen told the Three , who were sent to that City to procure subscriptions , that they could not swear the Covenant because Episcopacy was abjured in it . Are not these Hendersons and Dicksons very words , in their Answer to the fourth Reply , You will have all the Covenanters , against their intention , and whither they will or not , to disallow and condemn the Articles of Perth , and Episcopal Government ; — But it is known , to many hundreds , that the words were purposely conceived , for satisfaction of such as were of your Iugment , that we might all joyn in one Heart and Covenant ? Many more things might be readily adduced to prove this more fully : But 't is needless , for what can be more fairly colligible from any thing , than it is from this Specimen , that it was their fear , that they might miss of their mark , and not get the people to joyn with them , in their Covenant , if it should be so soon discovered , that they aim'd at the overthrow of Episcopacy . 'T is true indeed , after they had , by such disingenuous and Iesuitish Fetches , gain'd numbers to their party , and got many well-meaning Ministers and People engaged in their Rebellious and Schismatical Confederacy , they took off the Mask ; and condemned Episcopacy in their pack't Assembly , Anno 1638 ; Declaring with more than Iesuitish impudence , that , ( notwithstanding of their protestations so frequently and publickly made to the contrary ) it was abjured in their Covenant . And yet I dare advance this Paradox , that , even then , it was not ane Insupportable Grievance to the Presbyterians themselves , far less to the whole Nation . I own this to be a Paradox , and therefore I must ask my Readers allowance to give my Reason for which I have dared to advance it . It is this . Considering how much Prelacy affects the Church as a Society ; Of how great consequence it is in the Concerns of the Church ; whatever it is in itself , it cannot , in Reason , be called ane Insupportable Grievance to such as are satisfied , they can live safely and without sin , in the Communion of that Church , where it prevails . If such can call it a Grievance at all , I think they cannot justly call it more than a Supportable Grievance : I think it cannot be justly called ane Insupportable Grievance , till it can Iustify , and , by consequence , Necessitate a Separation from that Church which has it in its Constitution . How can that be called ane Insupportable Grievance , especially in Church matters , where Grievance and Corruption , ( if I take them right , must be terms very much equivalent ) to those who can safely support it ? i. e. Live under it without sin , and with a safe Conscience , continue in the Churches Communion while it is in the Churches Government ? How can that be called insupportable , which is not of such Malignity in a Church as to make her Communion sinful ? How can that be called insupportable in Ecclesiastical concerns or Religious matters , to those who are perswaded they may bear it , or with it , without disturbing their inward Peace , or endangering their Eternal Interests ? Now , such , in these times , were all the Presbyterians , at least , Generally , in the Nation ; They did not think upon Breaking the Communion of the Church ; upon separating from the solemn Assemblies under Prelacy , and setting up Presbyterian Altars in opposition to the Episcopal Altars : They still kept up one Communion in the Nation : They did not refuse to joyn in the Publick Ordinances , the Solemn worship of God and the Sacraments , with their Prelatick Brethren : all this is so well known , that none , I think , will call it in Question . Indeed that Height of Antipathy to Prelacy had not prevailed amongst the party , no not when Episcopacy had its fetters struck off , Anno 1662. for then , and for some years after , the Presbyterians generally , both Pastors and People kept the Vnity of the Church , and joyned with the Conformists in the publick Ordinances : And I believe there are hundreds of thousands in Scotland who remember very well how short a time it is since they betook themselves to Conventicles , and turn'd avowed Schismaticks . I Confess the reasoning I have just now insisted on cannot militate so patly against such : For if they had reason to separate , they had the same Reason to call Prelacy ane insupportable Grievance ; No more and no other : But I cannot see how the Force of it can be well avoided by them , in respect of their Predecessors , who had not the Boldness to separate upon the account of Prelacy . But it may be said that those Presbyterians who lived Anno 1637. and downward , Shook off Prelacy , and would bear it no longer ; and was it not , then , ane insupportable Grievance to them ? True , indeed , for removing the pretended Corruptions of Prelacy , they , then , ventured upon the ; really , horrid sin of Rebellion against their Prince ; they embroyled three Famous and flourishing Kingdoms ; They brake down the Beautiful and Ancient Structures of Government both in Church and State ; They shed Oceans of Christian blood , and made the Nations welter in gore ; They gave up themselves to all the wildnesses of rage and fury ; They gloried in Treason and Treachery , in Oppression and Murther , in Fierceness and Unbridled Tyranny ; they drench't innumerable miss-led souls , in the Crimson guilt , of Schism and Sedition , of Rebellion and Faction , of Perfidy and Perjury : In short , they opened the way to such ane Inundation of Hypocrisie , and Irreligion , of Confusions , and Calamities , as cannot easily be Parallell'd , in History ; And for all these things they pretended their Antipathies to Prelacy ; and yet , after all this , I am where I was ; Considering their aforesaid principles and practices as to the Vnity of the Church , they could not call it ane Insupportable Grievance ; They did not truly find it such ; Had they really and sincerely , in true Christian simplicity and sobriety , found or felt it such , they would , no doubt , have lookt on it , as a forcible ground , for separating from the Communion , in which it prevailed ; as the Protestants , in Germany , found their Centum Gravamina , for separating from the Church of Rome . To have made it that , indeed , and , then , to have suffered patiently , if they had been persecuted for it , without turning to the Antichristian course of Armed Resistance , had had some colour of ane Argument that they deem'd it ane insupportable Grievance ; But the Fiercest fighting against it , so long as they could allow themselves to live in the Communion which own'd it , can never infer that it was , to them , ane insupportable Grievance ; at most , if it was , it was , to wanton humour and wildfire , only , and not to Conscience , and real Christian Conviction . And so I leave this Argument . I could easily insist more largely on this Enquiry , but ▪ to avoid tediousness , I shall advance only one thing more ; It is a Challenge to my Presbyterian Brethren , to produce but one publick deed , one solemn or considerable Appearance of the Nation , taken either Collectively or Representatively , which by any tolerable construction or interpretation , can import that Prelacy or the superiority of any Office in the Church above Presbyters , was a great and insupportable Grievance and trouble to this Nation , and contrary to the Inclinations of the Generality of the People , for full thirty years after the Reformation . The Learned G. R. thought he had found one , indeed , it seems , for he introduced it very briskly , in his first Vindication of the Church of Scotland , in Answer to the first Question , § . 9. hear him . It is Evident ( says he ) that Episcopal Iurisdiction over the Protestants was condemned by Law , in that same Parliament , 1567 , wherein the Protestant Religion was Established . What ? No less than Evident ! Let us try this Parliamentary condemnation . It is there Statute and Ordain'd , That no other Iurisdiction Ecclesiastical be acknowledged within this Realm , than that which is , and shall be , within this same Kirk , Established presently , or which floweth therefrom , concerning Preaching the word , Correcting of manners , administration of Sacraments . So he : No Man who knows this Author and his way of writing will readily think it was ill manners to examine whither he cited right ; I turn'd over , therefore , all the Acts of that Parliament which are in Print ( and I think his citation shall scarcely be found amongst the unprinted ones ) but could not find this citation of our Author's . What was next to be done ? I knew that full well ; I turn'd to the 43. page of his Historian , Calderwood , and there I found it word for word . Well! But is there no such Period to be found in the Acts of that Parliament ? Not one , indeed . 'T is true , there is ane Act , the sixth in number ; Intituled , Anent the true and Holy Kirk , and of them that are declared to be of the same ; which Act I find insisted on by the Covenanters , Anno 1638. in their Answer to the Marquis of Hamiltons Declaration , at Edenburgh , in December , that year , ( as is to be seen in the large Declaration , ) (e) as condemning Episcopacy . 'T is very probable this might be the Act Calderwood thought he abridged in these words , borrowed from him by G. R. I shall set it down , word for word , that the world may judge if Episcopacy is Condemned by it . Forasmuch as the Ministers of the blessed Evangel of Iesus Christ , whom God of his mercy hath now raised up amongst us , or hereafter shall raise , Agreeing with them who now live , in Doctrine , and Administration of the Sacraments , ( as , in the Reformed Kirks of this Realm , they are publickly Administrate ) according to the Confession of Faith ; Our Soveraign Lord , with advice of My Lord Regent , and three Estates of this present Parliament , has declared , and declares , the aforesaid Persons , to be the only true , and Holy Kirk , of Iesus Christ , within this Realm ; And Decerns and Declares , that all and sundrie , who , either , gainsay the word of the Evangel , received and approved , as the Heads of the Confession of Faith Professed in Parliament , before , in the year of God 1560. years ; As also specified in the Acts of this Parliament , more particularly doth express , and now Ratified and approved in this present Parliament ; Or that refuses the Participation of the Holy Sacraments , as they are now Ministrate , to be no Members of the said Kirk within this Realm , presently Professed , so long as they keep themselves , so divided , from the Society of Christs Body . This is the Act : Now , here , not one word of Ecclesiastical Iurisdiction , either Foreign or Domestick ; Not one word of any Iurisdiction within this Realm , or in the Kirk within this Realm , or that should ever flow from the said Kirk ; Not one word of Correcting of Manners : From which it is evident that , if this was the Act , Calderwood aim'd at , he gave the world a very odd abridgement of it : And G. R. should consider things , a little better , and not take them upon trust , to found Arguments on them so Ridiculously . But doth not this Act condemn Episcopacy ? Let the world judge if it doth ; what can be more plain , than that all this Act aims at is only to Define that Church , which , then , was to have the legal Establshment , and the countenance of the Civil Authority ? This Church , it Defines to be , that Society of Pastors and People which professed the Doctrine of the Evangel , &c. according to the Confession of Faith then Established : 'T is plain , I say , this is all , that Act aims at : Not one word of Iurisdiction or Discipline , of Government or Polity , of Episcopacy or Presbytery , of Prelacy or Parity , of Equality or Inequality amongst the Governours of the Church : Whatever the Form of Government was , then , in the Church , or whatever it might be , afterwards , was all one to this Act , so long as Pastors ( whither Acting in Parity or Imparity ) and People , kept by the same Rule of Faith , and the same manner of administting the Sacraments . What is there here like a Condemnation of Episcopal Iurisdiction ? Is this the way of Parliamentary Condemnations , to Condemn ane Office , or ane Order , or a Jurisdiction , ( call it as you will ) without either naming it , or describing it , in terms so circumstantiated as the world might understand , by them , that it was mean't ? To Condemn a thing , especially a thing of so great importance , without so much as repealing any one , of many Acts which Established or Ratifyed it , before ? Surely , if this Act Condemned Episcopacy , this Parliament happened upon a New Stile , a Singular Stile , a Stile never used before , never used since . Besides , If this was the Act G. R. intended , I would earnestly desire him to name but any one Man , who lived in these times , and understood Episcopacy to have been Condemned by this Act. How blind was Master Andrew Melvil ? How blind was all the Presbyterian Fraternity , that , all the five years , they were fighting against Prelacy , could never hit on this Act , and prove that it ought to be no longer tolerated , seeing it was against ane Act of Parliament ? Were they so little careful of Acts of Parliamant , that they would not have been at pains to cite them for their purpose ? Mr. Andrew Melvil in his so often mentioned Letter to Beza , dated Novemb. 13. 1579. writes thus : We have not ceased , these five years , to fight against Pseudepiscopacy ( many of the Nobility resisting us ) and to press the severity of Discipline — We have many of the Peers against us : For they allege if Pseudepiscopacy be taken away , one of the Estates is pulled down , &c. Now , how easy had it been for him to have stopt the mouths of these Peers , by telling them that it was taken away already by this Act of Parliament ? What a dunce was the L. Glamis Chancellor of Scotland , ( by consequence , one , obliged by his station , to understand something , I think , of the Laws of the Nation ) and all those whom he consulted about the Letter he wrote to the same Beza , that neither he , nor they knew any thing of this Act of Parliament , but told the Gentleman bluntly , that Episcopacy subsisted by Law ; That the Prelates made one of the three Estates ; that nothing could be done , in Parliament without them ; and that the Legal Establishment of the Order , and its lying so very near the foundation of the Civil Constitution , made it extremely dangerous to alter it , far more to abolish it ? But what needs more ? Let the Reader cast back his eyes on the Articles agreed on betwixt the Church and the Nobility and Barons in Iuly 1567 , that same year , by which it was provided that all the Popish Bishops should be deprived , and that Superintendents should succeed in their places . And then let him consider if it be probable that Episcopacy was Condemned by this Act of Parliament . But G. R. continues : I hope ( says he ) none will affirm that Prelatical Iurisdiction then , was , or was soon after , Established in the Protestant Church of Scotland : Was not our Author pretty forward at hoping ? Will none affirm it ? I do affirm it : and I do affirm that if our Author had but lookt to the very next Act of that Parliament , the seventh in number , nay if he had but cast his eye some ten lines upward in that same 43. page of Calderwoods History , he would have seen the Prelacy of Superintendents , expressly own'd , and supposed in being by ane Act of that same Parliament , in the matter of granting Collations upon Presentations : And now I leave it to the world to judge , if G. R. has not been very happy at citing Acts of Parliaments against Prelacy . But , Being thus engaged with him about Acts of Parliament , I hope it will be a pardonable digression , tho' I give the world another instance of his skill and confidence that way . The Author of the ten Questions had said ( in his Discussion of the first Question ) That the Popish Bishops sate , in the Parliament which settled the Reformation : A matter of Fact so distinctly delivered by Knox , Spotswood and Petrie , ( but passed over by Calderwood ) that nothing could be more unquestionable : Nay even Leslie himself has it , for he tells us that the three Estates Conveened ; (f) and I think , in those days the Ecclesiastical Estate was one , the first , of thee three : I think also , That Estate was Generally Popish , Yet , however plain and indisputable this matter of Fact was , our learned Author could contradict it : Take his Answer in his own words ; To what he saith of the Popish Bishops sitting in a Reforming Parliament , I oppose what Leslie Bishop of Rosse a Papist hath , de Gest. Scotorum lib. 10. pag. 536. that Concilium a Sectae Nobilibus cum Regina habitum nullo Ecclesiastico admisso , ubi Sancitum , ne quis quod ad Religionem attinet , quicquam novi Moliretur ; Ex hac lege ( inquit ) omne sive Haereseos , sive inimicitiarum , sive seditionis malum , tanquam ex fonte fluxit . Now , in the first place , I think it might be made a Question , for what Reason our Author changed Leslies words ? Might he not have given us the Citation just as it was ? Leslie has it thus , Convenientibus interim undique Sectae Nobilibus , Concilium , nullo Ecclesiastico viro admisso , Edinburgi , initur . In eo Concilio in primis Sancitum est , ne quis , quod ad Religionem attineret , quicquam novi moliretur : Sed res in eo duntaxat Statu quo erant , cum Regina ipsa in Scotiam primum appulisset , integrae manerent . Ex hac Lege , tanquam fonte , omne sive haereseos , sive inimicitiarum , sive Seditionis malum in Scotia nostra fluxit . Because Leslie was a Papist , must his very Latine be Reformed ? If this was it , if , I mistake not , a further Reformation may be needful ; for if Leslie was wrong in saying , in eo Concilio , I think our Author has mended it but sorrily , by putting , ubi , in its stead ; i. e. by making ane Adverb of place the Relative to Concilium ; And let the Criticks judge whither G. R's . attinet or Leslies , attineret , was most proper : But perhaps the true Reason was , that there was something dark in these words , Sed Res in eo duntaxat Statu quo erant , cum Regina ipsa in Scotiam primum appulisset , integrae manerent . 'T is true , indeed this Sentence quite subverts our Authors purpose ; for it imports that there had been some certain sort of Establishment of Religion before the Queen came to Scotland , which was not judged fit then to be altered . Now that this Learned man may be no more puzzled with such ane obscure piece of History , I will endeavour to help him with a Clue . Be it known to all men therefore , and particularly to G. R. the Learned and renowned Vindicator of the Church of Scotland , That the Parliament which Established the Reformation , and in which the Popish Bishops sate , was holden in August 1560 ; That Queen Mary returned not to Scotland till August 1561. That this Council , which Leslie speaks of , met after the Queens return , as is evident from Leslies words ; and that it was , at most , but a Privy Council ; and nothing like a Parliament . Have we not G. R. now , a very accurate Historian ? And so I leave him for a little , and proceed to the Fourth Enquiry . Whither Prelacy , and the Superiority of any Office , in the Church , above Presbyters , was a great and insupportable Grievance , and Trouble to this Nation , and contrary to the Inclinations of the Generality of the People , when this Article was Established in the Claim of Right ? THis Enquiry is about a very recent matter of Fact ; the subject will not allow of Metaphysical Arguments ; It is not old enough to be determined by the Testimonies of Historians ; It cannot be decided by the publick records or Deeds of the Nation ; For , if I mistake not , there was never publick deed , before , founded , mainly , and in express terms , upon the Inclinations of the Generality of the People ; and I do not think it necessary , by the Laws of Disputation , that I should be bound by the Authority of a publick deed , which I make the main thing in Question . The Method , therefore , which I shall take for discussing this Enquiry , shall be to give a plain Historical narration of the Rise and Progress of this Controversie , and consider the Arguments made use of , on both sides , leaving it to the Reader to judge whither side can pretend to the greater probability . The Controversie as I take it had its Rise , thus ; The Scottish Presbyterians , seasonably forewarned of the , then , P. of O.'s designs to possess himself of the Crowns of Great Britain and Ireland , against his coming , had adjusted their Methods for advancing their interests , in such a juncture ; and getting their beloved Parity Established in the Church ; They were no sooner assured that he was in successful circumstances , than they resolved on putting their projects in execution : The first step was , in ane hurry to raise the Rabble , in the Western Counties , against the Episcopal Clergy , thereby , to Confound , and put , all things , in Disorder : The next , it seems , amidst such confusion , to endeavour , by all means , to have themselves elected members for the Meeting of Estates , which was to be at Edenburgh , upon the 14 th of March 168● . In both steps the success answered their wishes ; and it happened that they got , indeed , the prevailing sway in the Meeting : and in gratitude to the Rabble which had done them so surprizing service , they resolved not only to set up Presbytery , but to set it up on this foot , That Prelacy was a great and insupportable Grievance and Trouble to the Nation , and contrary to the Inclinations of the Generality of the People . If this was not , it , that determined them to set up their Government on this foot ; I protest I cannot conjecture what it might be , that did it . Sure I am , there was no other thing done , then , that , with the least shew of probability could be called ane Indication of the Inclinations of the People . They could not collect it from any clamours made , at that time , against Prelacy , by the Generality of the People ; There were no such clamours in the mouths of the twentieth part of the People . They could not collect it from the Peoples separation from the Episcopal Clergy , during the time of K. I.'s toleration ; The tenth part of the Nation had not separated . They could not collect it , from any Covetous disposition , they could reasonably imagine , was , in the Generality of the People , to make themselves Rich by possessing themselves of the Revenues of Bishopricks ; They could not but know that 6 or 7000 l. ster . was a sorry morsel for so many appetites ; and they could not but know , that when Prelacy should be abolished , few , and but a very few , could find advantage that way . They could not collect it from any suspicions , the People could possibly entertain that the Bishops or the Episcopal Clergy were inclining to turn Papists ; They could not but know that such had very far outdone the Presbyterian Preachers in their appearances against Popery . The Members of that Meeting of Estates had received no instructions from their Respective Electors , either in Counties or Burghs to turn down Prelacy and set up Presbytery ; I could name more than one or two , who , if they did not break their trust , did , at least , very much disappoint their Electors , by doing so . There were no Petitions , no Addresses presented to the Meeting , by the People , craving the Eversion of Prelacy , or the Erection of Presbytery . They never so much as once offered at Polling the People about it . Shall I add further ? After it was done , they never received thanks from the Generality of the People , for doing it . There was never yet any thing like ane Vniversal Rejoycing amongst the People , that it was done . They durst never yet adventure to require from the Generality of the People , their Approbation of it . And now , If the Article was thus Established , at first , intirely upon the foot of Rabbling the Episcopal Clergy in the West , I think I might reasonably superceed all further labour about this Controversie ; For , not to mention that they were but the Rascally scum of these Counties , where the Rabbling was , who perform'd it ; and that even in these Counties there are great numbers of People , who never reckoned Prelacy a great and insupportable Grievance and Trouble ; but lived , and could have , still , lived , peaceably , and contentedly under it , particularly the most part of the Gentry . Not to insist on these things , I say , but granting that all the People in these Counties had been inclined , as is affirmed in the Article ; yet , what were they to the whole Nation ? Is it reasonable to judge of a whole Kingdom by a corner of it ? To call these the sentiments of all the Kingdom , which were only the sentiments of four or five Counties ? But lest I have mistaken , in fixing on the Performances of the Western Rabble , as the true foot of this part of the Article ; I shall proceed further , as I promised . The Article ( however founded ) thus fram'd and published , surprized the Generality of the People ; It was thought very odd , not only that Prelacy should have been Abolished upon such weak Reasons ; But that the Inclinations of the Generality of the People should have been pretended , at all , against it ; Considering how sensible , all People were , that they had never been , so much as once , asked how they stood inclined in the matter . It came , therefore , to be very much the subject of common discourse , if it really was so ? And many , who pretended to know the Nation , pretty well , were very confident , it was not so : And began to admire the wisdom of the Meeting of Estates , that they should have asserted a proposition , so very Positively , which was so very Questionable . In short , the noise turn'd so great about it , that it could not be confined within the Kingdom , but it passed the Borders , and spread it self in England , particularly at London . This being perceived , one of the Presbyterian Agents , there , ( I know not who he was ) fell presently on writing a Book , which he Entituled Plain Dealing , or , A Moderate General Review of the Scottish Prelatical Clergy's , Proceedings in the Latter Reigns . Which was published in August , I think , or September 1689 ; wherein , having said what he pleased , sense or nonsense , truth or falshood , as he found it most expedient , for coming at his Conclusion , toward the end he gave his Arguments for his side of our present Controversie . They were these two : Take them in his own words . 1. There being 32 Shires or Counties , and two Stewartries ( comprehending the whole body of the Nation ) that send their Commissioners or Representatives to Parliaments , and all General Meetings of the Estates or Conventions : Of these 34 Districts or Divisions of the Kingdom , there are 17 intirely Presbyterians ; So that where you will find one , there , Episcopally inclined , you 'll find 150 Presbyterians : And the other 17 Divisions , where there is one Episcopally inclined , there are two Presbyterians . 2. Make but a calculation of the valued Rent of Scotland , computing it to be less or more , or computed , argumentandi gratia to be three Millions , and you will find the Presbyterian Heritors , whither of the Nobility or Gentry , to be proprietors and possessors of two Millions and more , so that those that are Episcopally inclined cannot have a third of that Kingdom : And as for the Citizens or Burgesses and Commonalty of Scotland , they are all Generally inclined to the Presbyterian Government , except Papists and some Remote wild and Barbarous Highlanders , &c. And all this ( he saith ) is so true that it can be made appear to a Demonstration . I am not at leisure to take so much impudent trash to task : Only , he himself , if he knew any thing of Scotland , could not but know that , with the same Moderation , he might have asserted that all Scottish Men were Monsters , and all Scottish Women , at every Birth produced Soutrikins : And indeed , as he had the hap to stumble on two such Demonstrations , so I believe , to this minute , he may have the happiness to claim them as his property ; For I have never heard that any other of his Party ( no not G. R. himself ) had the hardiness to use them after him . However , so far as I have learned , He was the first Author , who published any thing about this Controversie . The Presbyterian party having this adventured to Exercise the Press with it , one who intended to undeceive the world concerning some Controversies between the Episcopalians and the Presbyterians in Scotland , digested his Book into ten Questions , and made the tenth concerning our present subject : viz. Whither Scottish Presbytery was agreeable to the General Inclinations of the People ? Arguing to this purpose , for the Negative : That the Nobility of the Kingdom ( a very few , not above a dozen excepted ) had all sworn the Oath commonly called the Test , wherein all Fanatical principles , and Covenant Obligations , were renounced and abjured ; That not one of 40 of the Gentry but had sworn it also ; And not 50 in all Scotland ( out of the West ) did , upon the Indulgence ( granted by King Iames , Anno 1687. ) forsake their Parish Churches to frequent Meeting-houses ; That the Generality of the Commons live in Cities and Marcat Towns ; That all who could be of the Common Council in such Corporations , or were able to follow any ingenious trade , were obliged to take the Test ( and had generally done it ) That the Clergy stood all for Episcopacy ; There being of about a thousand , scarcely twenty Trimmers betwixt the Bishop and the Presbyterian Moderator ; which twenty together , with all the Presbyterian Preachers , could not make up the fifth part of such a number as the other side amounted to : That in all the Vniversities , there were not four Masters , Heads or Fellows , inclined to Presbytery : That the Colleges of Iustice and Physick , at Edenburgh were so averse from it , that the Generality of them were ready , last Summer ( viz. 1689 ) to take Arms in defence of their Episcopal Ministers , &c. This Book was published , I think , in the beginning of the year 1690. What greater Demonstration could any Man desire of the truth of the Negative , if all here alleged was true ? And what greater Argument , of the truth of every one , of the Allegations , than the Confession of a right uncourteous Adversary ? G. R. I mean , who in Answer to this Book wrote his first Vindication of the Church of Scotland , as it is now by Law Established , as he calls it ; Published at London , about the end of the year 1690 , and Reprinted at Edenburgh in the beginning of 1691. But did he indeed acknowledge the truth of all the Allegations ? Yes , he did it Notoriously . He yielded to his Adversary all the gang if the Clergy except a few ; The Vniversities , and the College of Iustice , at least , as lately stated : He was not so frank to part with the Physicians , indeed , because , if we may take his word for it , There are not a few worthy Men of that Faculty who are far from Inclinations towards Prelacy : But he durst not say , it seems , that either the major part or any thing near the half was for him . He also yielded the Generlity of the Burgesses . All the dust , he raised , was about the Nobility and Gentry : But what nasty dust it was , let any sensible man consider : As for the Nobility , he granted there were only , a few who took not the Test : But then , he had three things to say , for them who took it . 1. They who took the Oaths , did not , by that , shew their inclination so much , as what they thought fit to comply with rather than suffer : But what were they to suffer if they took not the Oaths ? The loss of their vote in Parliament , and a small fine , which was seldom , if at any time , exacted : But if they were to suffer no more , could their Fears of such sufferings , force them to take Oaths so contrary to their inclinations ? Abstracting from the impiety of mocking God , and the wretchedness of crossing ones light , which are conspicuous , in swearing against mens perswasions , could such sufferings as these incline any man to swear to support ane interest which he lookt on as so great and insupportable a Grievance and Trouble to the Nation ? But this is not all , for he added : 2. How many of these , now , when there is no force on them , shew , that it was not choice but necessity that led them that way ? I know he meant , that many of these Nobles have now broken through these Oaths : Let them Answer for that : But what had he to do , in this case , with his old friend Necessity ? What Necessity can force a man to do ane ill thing ? Besides , can he prove that it was Choice , and not that same kind of Necessity , that led them in the way they have lately followed ? That men can be for this thing to day , and the contrary to morrow , is a great presumption that they do not much regard either ; But I think it will be a little hard to draw from it , that they look upon the one as a great and insupportable Grievance more than the other . But the best follows ; 3. Many who seem to make Conscience of these Bonds , yet shew no inclination to the thing they are bound to , except by the constraint that they brought themselves under . After this , what may not our Author make ane Argument , that Prelacy is such ane ill-lik't thing , as he would have it ? Seeing he has got even them to hate it , who are Conscientiously for it ? Neither is he less pleasant about the Gentry ; He acknowledges , they , as generally , took the Test ; which was enough for his Adversary , as hath appeared . But how treats he the other Topick , about their not going to the Presbyterian Meetings , when they had King Iames his Toleration for it ? Why ? A silly Argument ! Why so ? Many did go ; But did his Adversary lie grossely or calumniate , when he said , that not 50 Gentlemen in all the Kingdom ( out of the West ) forsook their Parish Churches and went to Conventicles ? Our Vindicator durst not say he did ; And has he not made it evident that it was a silly Argument ? But , Most other clave to the former way ( he means the Episcopal Communion , ) Because the Law stood for it , and the Meeting-houses seem'd to be of uncertain continuance . But would they have cleaved to the former way if they had thought it a great and insupportable Grievance and Trouble ? Would they have so crossed their Inclinations , as to have Adhered to the Communion of the Episcopal Church , when it was evident the sting was taken out of the Law , and it was not to be put in Execution ? Were they so fond or so affraid of a lifeless Law ( if I may so call it ) that they would needs conform to it , tho' they had no inclination for such conformity ? Tho' what they conform'd with , in obedience to that Law , was a great and insupportable Grievance to them ? Did our Author and his Party reckon upon these Gentlemen , then , as Presbyterians ? And what tho' the Meetings seem'd to be of uncertain continuance ? How many of the Presbyterian Party said , in those days , that they thought themselves bound to take the Benefit of the Toleration , tho' it should be but of short continuance ? And that they could return to the Church , when it should be retracted ? Might not all men have said and done so , if they had been as much Presbyterians ? 'T is true our Author has some other things on this subject in that first Vindication : But I shall consider them afterwards . This was G. R.'s first Essay on this Controversie . Another Parity man finding , belike , that neither the Plain Dealer nor the Vindicator had gained much credit by their performances , thought it not inconvenient for the service of his Sect to publish a Book , Entituled , A further Vindication of the present Government of the Church of Scotland ; And therein to produce his Arguments for Determining this Controversie : It was Printed in September , I think , in the year 1691. 'T is true he wrote something like a Gentleman , and spake discreetly of the Episcopal Clergy ; He had no scolding in his Book , and was infinitely far from G. R.'s flat Railwifery : And I think my self obliged to thank him for his civility . But after all this , when he came to his Arguments for proving the point about the Inclinations of the People , I did not think that he much helped the matter . They were these two , (a) 1. Tho' the Bishops were introduced in the year 1662 and did continue till the year 1689. During which time , the far greatest part of all the Ministery in Scotland was brought in , by themselves , and tho' they had obtained a National Synod formed for their own interest , yet they durst never adventure to call it together , so diffident were they even of these Ministers . And can there be a greater Demonstration ( says he ) of the General inclination of this Nation against Prelacy ? But who sees not how many things are wanting , here , to make a probable Argument , much more , a Demonstration ? For who knows not that it was not in the Power of the Bishops , but of the King , to Convocate a National Synod ? And who knows not , that Presbyterian National Synods , had committed such extravagances , as might have tempted any King , almost , to have little kindness for National Synods ? Again , supposing the Bishops might have obtain'd one , if they had been for it , but would not ask it , was there no other imaginable Reason for their forbearing to ask one , but their Diffidence of the Ministers ? One living 24 or 28 years agone might possibly have slipt into such a mistake ; But for one who wrote only in the year 1691 , after it was visible , nay signally remarkable , that of near to a thousand Presbyters , not above twenty had fallen from the Episcopal principles ; But all had so generally continued to Profess them , and not only so , but to Profess them amidst so many discouragements , to Profess them and suffer for them ; After this . I say , for any man to found a Demonstration for proving that Prelacy is contrary to the inclinations of the People , on the Bishops averseness to a National Synod ; and to found that averseness , on the diffidence they had of the Presbyters , as if they had dreaded , or had ground to dread that the Presbyters would have subverted their order if they had got a National Synod , seems to me a very singular undertaking . Sure I am , if there is any Demonstration here at all , it is that there was no great store of Demonstrations to be had for our Authors main Conclusion . Neither was his other Argument any stronger , which is this ; 2. This National aversion is yet further Demonstrated from this , that albeit Prelacy had all the Statutes that the Bishops could desire on their behalf , and had them put in Execution with the outmost severity , yet there was ever found a necessity to keep up a standing Army to uphold them , and to suppress the Aversion of the People ; And notwithstanding thereof there were frequent Insurrections and Rebellions . Now who sees not the weakness of this Demonstration ? For who knows not that a small part of a Nation by their notorious Vngovernableness , and their habitual Propensities to Rebel , may oblige the Government to keep up a little standing Army , such as ours in Scotland was , for suppressing them , if , at any time , they should break out into a Rebellion ? The party , I think , can have but little credit from such Demonstrations : For this Demonstration must either suppose that none in the Nation are apt to Rebel , except Presbyterians , and they , too , only upon the head of Church Government ; Or it can conclude nothing : For if Presbyterians can Rebel upon other Reasons , tho' they make this the main , the specious , the clamourous Pretext , as , I doubt not , their Democratical principles may incline them to do , upon occasion ; Or , if others than sincere Presbyterians can venture on the horrid sin of Rebellion , there is still Reason for the standing Army . Besides , what gain'd they by these their frequent Insurrections and Rebellions ? Were they not easily and readily crush't by the rest of the Nation ? But if so , I think , if there is any Argument here at all , it concludes another way than our Author design'd it . But it is not worth the while to insist longer on this Argument . Only , If it is a good one , the Bishops and their Adherents have Reason to thank our Author for shewing them the way , how they may have their Government restored ; For by this way of reasoning they have no more to do but fall upon the Knack of raising frequent Insurrections and Rebellions , against the present Government ; And then their work is done : For thus a Demonstration shall befriend them ; this , when there is a necessity of keeping up a standing Army to support Presbytery , because of frequent Insurrections and Rebellions , raised on its account ; It is a Demonstration that it is a great and insupportable Grievance and Trouble to the Nation , and contrary to the inclinations of the Generality of the People , and therefore it ought to be Abolished . The truth is , such reasonings are not only Sophistical , but dangerous ; They are founded upon the principles of Rebellion ; and they tend directly and naturally towards Rebellion ; And they ought to be noticed by every wise Government : And so I leave this Author . The next Paper-combat I shall take notice of , was between the Author of the third Letter in the Pamphlet , called ane Account of the present Persecution of the Church in Scotland , &c. published Anno 1690. And G. R. in his Second Vindication published towards the end of the year 1691. The Epistler , as G. R. is sometimes pleased to call him , had craved a Poll , deeming it , it seems , the only proper method for coming at a sure account of the inclinations of the generality of the People ; and I think he had Reason : For if matters must go by the inclinations of the People , it is just to ask the People about their inclinations . But would G. R. allow him this Demand , which had so much of plain equity in it ? No , His talk ( says he ) of putting the Matter to the poll I neglect as ane impracticable fancy . (b) But who sees not that this was plain Fear to put it upon such ane Issue ; What imaginable impossibility , or absurdity , or difficulty , or inconveniency could make polling , upon this account , Impracticable ? Was it not found practicable enough , in the days of the Covenant , when the veriest child , if he could write his own Name , was put to it to subscribe it ? What should make it more impracticable to poll the Kingdom , for finding the Peoples inclinations , about Episcopacy and Presbytery , than it was to levy Hearth-money from the whole Kingdom ? Is it not as practicable to poll the Kingdom about Church Government , as to poll it , for raising the present subsidy , which is imposed by poll ? I am apt to believe , the inclinations of the Generality of the People would have been as much satisfied , if polling had been reduced to practice on the one account , as the other . That same Epistler , in that same Epistle , adduced another Argument which was to this purpose : That in the years 1687 and 1688 , when the Schism was in its Elevation , there were but some three or four Presbyterian Meeting-houses erected on the North side of the Tay , i. e. in the greater half of the Kingdom ; And these too , very little frequented or encouraged ; and that on the South side of that River ( except in the five Associated Shires in the West ) the third man was never engaged in the Schism . This was Matter of Fact : And if true , a solid Demonstration that Prelacy and the Superiority of any Office in the Church , above Presbyters was not , then , a great and insupportable Grievance and Trouble to the Nation , and contrary to the inclinations of the generality of the People : For had it been such , how is it imaginable when there was such ane Ample Toleration , such ane Absolute and Vnperplex't Liberty , nay so much notorius encouragement given by the , then , Government to separate from the Episcopal Communion , that so few should have done it ? Whoso pleased might , then , have , safely , and without the least prospect of worldly hazard , joyn'd the Presbyterians : yet scarcely a fifth or a sixth part of the Nation did it . I am not sure that the nature of the thing was capable of a clearer evidence , unless it had been put to the impracticable Fancy . Let us next consider G. R.'s Answers , and judge , by them , if the Epistler was wrong as to the matter of Fact. He hath some two or three : we shall try them severally . The First , to the purpose , is , If there be many in the Northern parts , who are not for Presbytery , there are as few for the present settlement of the State. To what purpose is the present settlement of the State forced in here ? Was the Controversie between him and his Adversary concerned in it , in the least ? What impertinent Answering is this ? Is there so much as one syllable here that Contradicts the Epistlers position ? But 2. We affirm ( says G. R. ) and can make it appear not only that there are many in the North , who appeared zealously for Presbytery , as was evident by the Members of Parliament , who came from these parts : Very few of them were otherwise inclined , and they made a great figure in the Parliament for settling both the State and the Church . If one were put to it to examine this Answer particularly and minutely , I think he might easily make even G. R. himself wish that he had never meddled with it : It were no hard task to give a just account how it only happened that there was so much as one Northern member ( who was not such by birth ) of the Presbyterian perswasion , in the Meeting of Estates : It were as easy to represent what Figures some of them made , or can readily make , Vncouth Figures , truly : All this were very easy , I say , if one were put to it : But as it is not seasonable , so it is not needful : For 't is plain , nothing , here , contradicts the Epistlers position : Tho' the Northern members , of the Presbyterian perswasion , had been twice as many as they were , and tho' they had made greater figures than can be pretended ; yet , it may be very true that there were so few , separatists in the Northern Counties , as the Epistler affirmed there were . And for the respect G. R. owes to his Northern Friends and Figure-makers , I would advise him never again to insist on such a tender point ; And so I leave it , and proceed to what follows . 3. There are very many Ministers in the North ( and People that own them ) who , tho' they served under Episcopacy , are willing to joyn with the Presbyterians , and whom the Presbyterians are ready to receive when occasion shall be given , and those of the best Qualified among them . How such Ministers as have joyn'd , or are ready to joyn with the Presbyterians , can be called the best Qualified amongst the Episcopal Clergy , so long as integrity of life , constancy in adhering to true Catholick Principles , ane hearty abhorrence of Schism , Conscience of the Religion of Oaths , Self-denyal , taking up the Cross patiently and chearfully , and preferring Christian Honour and innocence to worldly conveniences , can be said to be amongst the best Qualifications of a Christian Minister , I cannot understand . I understand as little what ground our Author had , for talking so confidently about these Northern Ministers : Sure I am , he had no sure ground to say so ; And I think the transactions of the last General Assembly , and the unsuccessfulness of Mr. Meldrum's Expedition to the North , this Summer , are Demonstrations that he had no ground at all to say so ; But whatever be of these things , I desire the Reader to consider , impartially , whither ( supposing all were uncontroverted truth , our Author asserts so confidently , here , ) this Answer convells the Matter of Fact asserted by the Author of the Letter ? What is there here that looks like proving that the Schism was greater in the North , than was asserted by the Epistler ? Or what is there here that can by any colour of consequence infer that Prelacy in these Northern parts was a great and insupportable Trouble and Grievance , and contrary to the Inclinations of the Generality of the People ? Doth not our Author acknowledge that these Ministers served under Episcopacy , and that their People own'd them , without any Reluctancies of Conscience ? But the Epistler had said there were not above 3 or 4 Presbyterian Meeting-houses on the North side of the Tay , and the Vindicator says they far exceeded that number . How easy had it been for the Vindicator to have given us the Definite number of Presbyterian Meeting-houses , in these parts , during the time of the above-mentioned Toleration ? He who was so very exact to have his informations from all corners , might , one would think , have readily satisfied himself in this instance , and fairly fixt one lie on the Epistler : And is it not a great presumption that the Epistler was in the Right , and that the Vindicator , who was so anxious to have all his Adversaries Liers , was hardly put to it in this Matter ? When he could do no more than oppose ane Indefinite number to the Epistlers Definite one ? For my part I think it not worth the while to be positive about the precise number ; But I can say this without Hesitation , that all who separated from their Parish Churches , on that side the River , would not have filled four ordinary Meeting-houses . From what hath been said , I think 't is clear , the Epistler was honest enough in his reckoning for the North side of the Tay. Can all be made as safe on the South side ? The Epistler had said , that ( except in the West ) the third Man was never engaged in the Schism : G. R. Answers , We know no Schism but what was made by his party : But that the plurality did not suffer under the horrid persecution raised by the Bishops , Doth not prove that they were not inclined to Presbytery ; But either that many Presbyterians had freedom to hear Episcopal Ministers , or that all were not resolute enough to suffer for their principle ; So that this is no Rational way of judging of the Peoples inclinations . I will neither engage , at present , with him , in the Question , who is the Scottish Schismatick ? Nor digress to the point of the horrid Persecution raised by the Bishops : Another occasion may be as proper for them : But I desire the Reader again , to consider this Answer , and judge , if it keeps not a pretty good distance from the Epistlers position ? Is any thing said , here , that contradicts , that looks like contradicting the Matter of Fact ? What new fashion of Answering , is this , to talk whatever comes in ones head , without ever offering to attack the strength of the reasoning he undertakes to discuss ? By this Taste the judicious Reader may competently judge which is the right side of the present Controversie ; and withal , if I mistake not , he may guess if the Presbyterian Kirk in Scotland was not well provided when it got G. R. for its Vindicator . Shall he furnish thee , O patient Reader , with any more divertisement ; If thou canst promise for thy patience I can promise for G. R. This Learned Gentleman found himself to puzzled , it seems , about this part of the Article , that he was forced to put on the Fools-cap , and turn Ridiculous to mankind : However , it was even better to be that than to yeild in so weighty a Controversie ; than to part with the Inclinations of the People , that Articulus Stantis & Cadentis Ecclesiae : But is there a Play to succeed worthy of all this Prologue ? Consider and judge . He has so limited and restricted the Generality of the People , to make his cause some way defensible , that , for any thing I know , he has confin'd them all within his own doublet : At least , he may do it , before he shall need to yeild any more , in his Argument : He is at this trade of limiting in both his Vindications . (a) I shall cast them together , that the world may consider the Product . 1. There are many ten thousands who are inconcerned about Religion , both in the greater and the lesser truths of it ; And it is most irrational to consider them in this Question . 2. There are not a few who are of opinion , that Church-Government , as to the species of it , is indifferent : These ought not to be brought into the reckoning . 3. There are not a few , whose light and conscience do not incline them to Episcopacy , who are yet zealous for it , and against Presbytery ; Because , under the one , they are not censured , for their immoralities , as under the other ; These ought to be excluded also . So ought all 4. Who had a Dependance on the Court ; And 5. All who had a Dependance on the Prelates . 6. All Popishly Affected , and who are but Protestants in Masquerade . 7. All Enemies to K. W. and the present Government . I am just to him ; all these Exclusions out of the reckoning he has , if he has not more ; And give him these , and he dares affirm , That they who are Conscientiously for Prelacy , are so few in Scotland , that not one of many hundreds or Thousands is to be found ; 1 Vind. They who are for Episcopacy are not one of a Thousand in Scotland ; 2 Vind. Now , not to fall on examining his Limitations singly , because that were to be sick of his own disease . In the first place , one would think , if he had been allowed his Limitations , he might , in all Conscience , have satisfied himself without begging the Question to boot ; Yet , even that he has most covetously done ; For , I think the Question was not , who were Conscientiously for Prelacy or inclined for Episcopacy ? But , whither Prelacy and the Superiority of any Office in the Church above Presbyters was a great and insupportable Grievance and Trouble to the Nation , and contrary to the inclinations of the Generality of the People ? And there is some difference , as I take it , between these Questions . But let him take the State of the Question ; if he must needs have it , I can spare it to him : Nay , if it can do him service , I can grant him yet more : When the Matter comes to be tryed by this his Standard , I shall be satisfied that it fall to his share to be judge ; He should understand his own Rule best ; and so may be fittest for such Nice Decisions , as a point so tender must needs require ; Tho' , I think , He may take the short cut , as we say , and give his own judgment without more ado ; For thither it must recur at last ; Only I cannot guess why he excluded all Popishly affected , &c. Was it to let a friend go with a fee ? I think he might have learned from History , if not , from Experience , that Papists have been amongst the best friends to his Interest ; and very ready to do his party service upon occasion , which , it is not to be thought they would have done for nothing . But however this is , Having granted him so much , I think , he is bound to grant me one little thing ; I ask it of him only for peace ; I can force it from him , if I please : It is , that all his Limitations , Restrictions , Exclusions , Castings-out , Settings-aside , or what ever he pleases to call them , were adduced by him for setting the Article in its Native and proper light , and as it ought to be understood ; But , if so , I cannot think he himself can repute it unfair dealing , to give the world a fair view of the Article as thus explained and enlightened : And so digested , it must run to this purpose , as I take it . That Prelacy and the Superiority of any Office in the Church above Presbyters , is , and hath been , a great and insupportable Grievance , and Trouble to this Nation , and contrary to the inclinations of the Generality of the People ; Excluding from this Generality of the People , 1. All these many ten thousands of the People , who are unconcerned about Religion both in the greater and lesser truths of it . 2. All these many of the People who are of opinion that Church-Government , as to the species of it , is indifferent . 3. All these other many of the People , whose Light and Conscience do not incline them to Episcopacy , who are yet zealous for it , and against Presbytery , because , under the one , they are not censured for their immoralities , as under the other . 4. All such of the People as had any dependance on the Court. 5. Or on the Prelates . 6. Or are Popishly affected , and Protestants only in Masquerade . And 7. All such as are Enemies to K. W. and the present Civil Government ; Ever since the Reformation : ( They , i. e. such of the People , as are not excluded , from the Generality of the People , by any of the aforesaid Exceptions , having Reformed from Popery by Presbyters ) and therefore it ought to be Abolished . So the Article must run , I say , when duely Englightned by our Authors Glosses ; and when a New Meeting of Estates shall settle another New Government , and put such ane Article in another New Claim of Right , I do hereby give my word , I shall not be the first that shall move Controversies about it : But till that is done , G. R. must allow me the use of a certain sort of Liberty I have , of Thinking , at least , that his wits were a wool-gathering ( to use him as mannerly as can be done by one of his own Complements ) when he spent so many of his sweet words ( another of his Phrases ) so very pleasantly . Thus did G. R. defend this part of the Article against the Arguments of his Adversaries : But did he produce none , for his own side of the Controversie ? Yes , one , and only one , so far as I can remember . It is in his Answer to the first of the four Letters , § . 7. The Letter written by the Military Chaplain , as he was pleased to call him . This Military Chaplain had said , That the Church Party was Predominant in this Nation both for Number and Quality . That it is not so ( says G. R. ) is evident from the Constitution of our Parliament : This is the Argument . Now , not to enter upon dangerous or undutiful Questions about Parliaments ; I shall say no more at present but this ; When G. R. shall make it appear that all the Acts and Deeds of the present Parliament have been , all alongst , agreeable to the Inclinations of the Generality of the People ; or when he shall secure the other part of the Article against the Dint of this his own good Argument ; I mean , when he shall make it appear that such reasoning is firm and solid , in the present case , and withal , shall make it appear , that the Deeds and Acts of twenty seven Parliaments ( he knows well enough who numbred them to him ) Ratifying and consuming Episcopacy , cannot , or ought not to amount to as good ane Argument for the Inclinations of the Generality of the People in former times : When he shall make these things appear , I say , I shall , then , think a little more about his Argument . This I think is enough for him . At present I shall consider it no more ; Only , now that he hath brought the present Parliament upon the stage , I will take occasion to propose some few Questions , which the minding of it suggests to me : and I seriously desire ( not G. R. but ) some truly sensible , ingenious , and sober person of the Presbyterian perswasion ; Some person who had opportunity to know how matters went , and a head to comprehend them , and who has Candour and Conscience to relate things as they truly were , or are ; To give plain , frank , direct and pertinent answers to them , speaking the sense of his heart , openly , and distinctly , without mincing , and without ●ergiversation . My Questions shall not , in the least touch the Dignity or Authority of the Parliament : All I design them for , is to bring Light to the present Controversie . And I ask , 1. Whither the Presbyterian party did not exert and concenter , all their Wit and Force , all their Counsel and Cunning , all their Art and Application , all their Skill and Conduct in Politicks , both before and in the beginning of the late Revolution , for getting a Meeting of Estates formed for their purposes ? 2. Whither the Universal Vnhinging of all things , then , and the general Surprize , Confusion and Irresolution of the rest of the Nation , occasioned thereby , did not contribute extraordinarily for furthering the Presbyterian Designs and Projects ? 3. Whither , notwithstanding all this , when the Estates first met , they had not both great , and well-grounded fears that their Projects might miscarry , and they might be outvoted in the Meeting ? 4. Whither very many , very considerable Members had not deserted the House before it was thought seasonable to offer at putting the Article about Church-Government in the Claim of Right ? 5. Whither , tho' they got this Article thrust into the Claim of Right , and made part of the Original Contract between King and People , in the Month of April 1689. They were not , to their great grief , disappointed of the Establishment of their Form of Church-Government in the first Session of Parliament holden in Iune , &c. that same year . 6. Whither in the beginning of the next Session ( which was in April 1690. ) they were not under very dreadful apprehensions of another disappointment ? And whither they would not have been very near to , if not in , a state of Despair , if all the Anti-Presbyterian Members had unanimously conveen'd ▪ and sate in Parliament ? 7. After they had recovered from these fears , and when they had the courage to propose the Establishment of their Government , and it came to be voted in the House , I ask , if it was any thing like a full House ? Plainly , if a third part of those who might have s●te as Members , were present ? 8. Whither all those Members who voted for it at that time , can be said to have done it from a Principle of Conscience , or a firm perswasion , they had , that Prelacy was a great and insupportable Grievance and Trouble to the Nation , and contrary to the Inclinations of the Generality of the People ? Or whither it may be said without Breach of Charity , that not a few ( of the few ) voted so mainly from other principles , such as Complyance with some Leading Statesmen ? &c. 9. Whither those of the Presbyterian perswasion , after they found that they had prevailed in the Parliament , did not proceed to make the Act , obliging all Persons in publick Stations to sign the Declaration called the Assurance , as much , if not more , for securing the Government in their own hands , and keeping out Anti Presbyterians , than for strengthning K. W.'s interests ? 10. Whither they had not in their prospect , the great difficulty of getting Presbyterian Ministers planted in Churches , if Patronages should continue , when they made the Act depriving Patrons of these their Rights ? And whither they had not in their prospect the as great difficulties of getting such Ministers planted , if ( according to the true Presbyterian principles , at least pretensions ) the calling of a Minister , should have depended upon the plurality of voices in the Parish , when they consented to such a Model for calling of Ministers as was Established in that same Session of Parliament ? 11. Notwithstanding that Act of Parliament which Abolished Patronages did notoriously encroach upon the Peoples power , Legated to them by Christ , in his Testament , according to the Genuine Presbyterian principles , by putting the Real power of calling Ministers in the hands of the Presbytery , for the greater Expedition and security of getting Presbyterian Ministers planted in Churches ; notwithstanding all this , I say , I ask , whither they did not meet with many difficulties , and much impediment and opposition in the plantation of such Ministers in very many Parishes ? In consequence of this , I ask , 12. Whither it was not the sense of these difficulties and oppositions which so frequently encumbred them , that made the Presbyterian Ministers , so notoriously , betray their trust which they pretend to have , as Conservators of the Liberties and Privileges of Christs Kingdom and People , when they consented , that , in the last Session of Parliament , Christs Legacy should be so clogg'd and limited , as that none shall have Power of giving voice in the calling of Ministers , till they shall first swear the Oath of Allegiance and sign the Assurance . 13. And lastly , I ask , whither our Presbyterian Brethren would be content that all that has been done in reference to Church Matters , since the beginning of the late Revolution , should be lookt upon as undone ; and that the settlement of the Church should , again , depend upon a new , free , unclogg'd , unprelimited , unover awed Meeting of Estates ? I am very much perswaded , that a plain , candid , impartial , and ingenuous Resolution , of these few Questions , might go , very far , in the Decision of this present Controversie : And yet after all this labour spent about it , I must confess , I do not reckon , it was , in true value , worth threeteen sentences : As perchance may appear , in part , within a little . And so I proceed to The Fifth Enquiry . Whither , supposing the Affirmatives in the proceeding Enquiries had been true , they would have been of sufficient force , to infer the Conclusion advanced in the Articles , viz. that Prelacy , &c. ought to be Abolished ? THe Affirmatives are these two ; 1. That Prelacy was a great and Insupportable Grievance , &c. 2. That this Church was Reformed by Presbyters : The purpose of this Enquiry is to try if these were good Reasons for the Abolition of Prelacy ; without further Address , I think they were not ; Not the First , viz. Prelacy's being a great and insupportable Grievance and Trouble to this Nation , and contrary to the Inclinations of the Generality of the People . Sure I am , 1. Our Presbyterian Brethren had not this way of Reasoning from our Reformers ; For , I remember Iohn Knox , in his Letter to the Queen Regent of Scotland , (a) rejected it with sufficient appearances of Keenness and Contempt ; He called it a Fetch of the Devils , to blind Peoples eyes , with such a Sophism ; To make them look on that Religion as most perfect , which the Multitude , by wrong custom , have embraced , or to insinuate , that it is impossible that that Religion should be false , which so long time , so many Councils , and so great a Multitude of men have Authorized and confirmed , &c. For ( says he ) if the opinion of the Multitude ought always to be preferred , then did God injury to the Original world ; For they were all of one mind , to wit , conjured against God , except Noah and his family . And I have shewed already that the Body of our Reformers , in all their Petitions for Reformation , made the word of God , the Practices of the Apostles , the Catholick Sentiments and Principles of the Primitive Church , &c. and not the inclinations of the People , the Rule of Reformation . Nay , 2. G. R. himself is not pleased with this Standard ; He not only tells the world , That Presbyterians wished and endeavoured that that Phrase might not have been used as it was ; (b) But he ridicules it in his first Vindication , in Answer to the tenth Question , tho● he made himself ridiculous by doing it , as he did it . The Matter is this : The Author of the ten Questions finding that this Topick of the inclinations of the People , was insisted on in the Article as ane Argument for Abolishing Prelacy , undertook to Demonstrate that , tho' it were a good Argument , it would not be found to conclude as the Formers of the Article intended ; Aiming , unquestionably , at no more , than that it was not true , that Prelacy was such a great and insupportable Grievance , &c. and to make good his undertaking ; He formed his Demonstration , as I have already accounted . Now hear G. R. It is a new Topick ( says he ) not often used before , that such a way of Religion is best , because , &c. This his Discourse will equally prove that Popery is preferable to Protestantism ; For in France , Italy , Spain , &c. not the Multitude only , but all the Churchmen , &c. are of that way . Thus , I say , G. R. ridiculed the Argument , tho' he most ridiculously fancied , he was ridiculing his Adversary , who never dream'd that it was a good Argument ; But could have been as ready to ridicule it , as another : However , I must confess G. R. did indeed treat the Argument justly ; For 3. Supposing the Argument good , I cannot see how any Church could ever have Reformed from Popery : For I think , when Luther began in Germany , or Mr. Patrick Hamilton in Scotland , or Zuinglius or Oecolompadius or Calvin , &c. in their respective Countreys and Churches , they had the inclinations of the People generally against them : Nay , if I mistake not , our Saviour and his Apostles found it so too , when they at first undertook to propagate our Holy Religion ; and perchance , tho' the Christian Religion is now Generally Professed in most Nations in Europe , some of them , might be soon Rid of it , if this Standard were allowed to take place . I have heard of some who have not been well pleased with Saint Paul for having the word , Bishop , so frequently in his Language ; and I remember to have been told that one , ( not ane Vnlearn'd one ) in a Conference , being prest with a Testimony of Irenaeus's ( in his 3 Cap. 3 Lib. Adversus Her. ) for ane uninterrupted Succession of Bishops in the Church of Rome , from the Apostles times at first , denyed confidently that any such thing was to be found in Irenaeus ; and when the Book was produced , and he was convinced by ane ocular Demonstration that Irenaeus had the Testimony which was alleged , he delivered himself to this purpose , I see it is there , Brother , but would to God it had not been there ! Now , had these People , who were thus offended with St. Paul and Irenaeus , been at the writing of their Books , is it probable , we should have had them ( with their Imprimatur ) as we have them ? Indeed , for my part I shall never consent that the Bible , especially the New Testament , be Reformed according to some Peoples inclinations : For if that should be allowed , I should be very much affraid , there would be strange cutting and carving : I should be very much affraid , that the Doctrine of self-preservation should justle out , the Doctrine of the Cross ; That Might should find more favour than Right , that the Force and Power should possess themselves of the places , of the Faith and Patience of the Saints , and that ( beside many other places ) we might soon see our last , of ( at least ) the first seven verses of the 13 th Chapter to the Romans . I shall only add one thing more , which G. R.'s naming of France gave me occasion to think on : It is that the French King and his Ministers , as much as some People talk of their Abilities , must , for all that , be , but of the ordinary Size of Mankind ; For , if they had been as wise and thinking men , as some of their Neighbours , they might have easily stopt all the mouths that were opened against them some years ago , for their Persecuting the Protestants in that Kingdom ; For if they had but narrated in ane Edict , that the Religion of the Hugonots , was , and had still been a great and insupportable Grievance and Trouble to their Nation , and contrary to the Inclinations of the Generality of the People , ever since it was Professed amongst them , their work was done . I believe G. R. himself would not have called the Truth of the Proposition in Question . How easy were it to dwell longer on this subject ? But I am affraid , I have noticed it too much already ; To conclude then ; What is this Standard , else , than the Fundamental principle of Hobbism , that Holy Scheme for Brutalizing Mankind , and making Religion , Reason , Revelation , every thing that aims at making men Manly , to yeild unto , at least , to depend on , the Frisks of Flesh and Blood , or , which is all one , Arrant sense and ungovernable Passion ? And so I leave it . But is the Second Reason any better ? If this Church had been Reformed by Presbyters , would that have been a good Argument for Abolishing Prelacy ? Who sees not that it is much about the same Size with the former ? Indeed I am apt to think , had the several Churches in the world erected their Governments , by this Rule , we should have had some pretty odd Constitutions ; Thus , the Church collected , of old , amongst the Indians , by Frumentius and Aedesius , should have been Govern'd still by Laicks ; For Frumentius and Aedesius were no more than Laicks when they first converted them . Thus all Xaverius's Converts and their Successors should have been always Govern'd by Iesuits ; For 't is past Controversie Xaverius was a Iesuit . Thus the Churches of Iberia and Moravia should have been Govern'd by Women ; For if we may believe Historians , the Gospel got first footing in these parts , by the Ministery of Females . Indeed , if the Argument has any strength at all , it seems stronger for these Constitutions , than for Presbytery , in Scotland , inasmuch as it is more to Convert Infidels , than only to Reform a Church , which , tho' Corrupt , is allowed to be Christian. Nay , which is more and worse , more contrary to the Inclinations of Scotch Presbyterians , and worse for Scotch Presbytery . By this way of Reasoning , Episcopacy ought still , hitherto , to have continued , and hereafter , to continue the Government of the Church of England ; Because , that Church was Reformed , by her Bishops . But , if so , what can be said for the Solemn League and Covenant ? How shall we defend our Forty-three-men and all the Covenanting work of Reformation , in that Glorious Period ? And if it must continue there , what constant Perils must our Kirk needs be in , especially so long as both Kingdoms are under one Monarch ? What I have said , I think , might be enough , in all Conscience , for this Fifth Enquiry ; But because it is obvious to the most overly Observation , that the Framers of the Article have not been so much concerned for the strength and solidity of the Reasons , they choosed for supporting their Conclusion , as for their Colour and Aptitude to catch the vulgar , and influence the populace ; and because our Presbyterian Brethren have of a long time been , and still are , in use , to make zealous Declamations and huge noises about Succession to our Reformers ; Because the clamour , on all occasions , that those who stand for Episcopacy have so much forsaken the principles and maximes of the Reformation , that they Pay our Reformers so little Respect and Deference ; That they have Secret Grudges , at the Reformation ; That they would willingly return to Popery ; And what not ? Whereas , they themselves have a Mighty Veneration for those who Reformed the Church of Scotland ; They are their , only , true , and Genuine Successors ; They are the only Men who stand on the foot of the Reformation , the only sincere and heart-Protestants , the only Real Enemies to Antichrist , &c. For these Reasons , I say , I shall beg the Readers patience till I have discoursed this point a little farther . And to deal frankly and plainly , In the first place , I own , those of the Episcopal perswasion in Scotland , do not think themselves bound to maintain all the principles , or embrace all the sentiments , or justify all the Practices of our Reformers . 'T is true , I speak only from my self ; I have no Commission from other men to tell their sentiments ; Yet I think the Generality of my Fathers and Brethren will not be offended , tho' I speak in the Plural number , and take them into the reckoning . And therefore , I think , I may safely say , Tho we think , our Reformers , considering their Education and all their disadvantages , were very considerable men , and made very considerable progress in Reforming the Church , yet we do not believe , they had ane immediate allowance from Heaven for all they said , or did : We believe they were not endued with the Gifts of infallibility , inerrability or impeccability : We believe ( and they believed so themselves ) that they had no Commission , no Authority , to Establish new Articles of Faith , or make new Conditions of Salvation ; We believe they had no Power , pretended to none , for receding from the Original and immovable Standard of Christian Religion . In consequence of this , We believe and are confident , that where they missed ( and being Fallible , it was very possible for them to do it ) of Conformity to that Standard , we are at Liberty to think otherwise , than they thought ; to Profess otherwise than they professed ; We are not bound to follow them . To instance in a few of many things . We own we cannot allow of the principle of Popular Reformations , as it was asserted and practised by our Reformers . We own , indeed , 't is not only Lawful , but Necessary , for every Man to Reform himself both as to Principles and Practice , when there is Corruption in either ; And that , not only without , but against publick Authority , whither Civil or Ecclesiastical . Farther , we own , 't is not only Lawful , but plain and Indispensible Duty in the Governours of the Church , to Reform her , Acting in their own Sphere , even against humane Laws , in direct opposition to a thousand Acts of a thousand Parliaments ; I say , Acting and keeping within their own Sphere , i. e. so far as their Spiritual Power can go , but no farther ; Keeping within these their own bounds , they may and should condemn Heresies , purge the publick worship of Corruptions , continue a Succession of Orthodox Pastors , &c. In a word , do every thing , which is needful to be done , for putting and preserving the Church , committed to their Care , in that State of Orthodoxy , Purity and Vnity , which Iesus Christ , from whom they have their Commission , and to whom , they must be Answerable , has Required by his holy Institution . But we cannot allow them to move Excentrically , to turn Exorbitant , to stir without their own Vortex . We cannot allow them to use any other , than Spiritual means ; or to make any other than Spiritual Defences : We think , they should still perform all dutiful submission to the Civil Powers ; Never Resist by Material Arms ; never absolve subjects from their Allegiance to their Civil Sovereign ; Never Preach the Damnable Doctrine of Deposing Kings for Heresie ; never attempt to make those whom they should make good Christians , bad Subjects : But to teach them the great and fundamental Doctrine of the Cross , and Exemplify it to them , in their Practice when they are Called to it . This we Profess : And we do not think it Popery . But our Reformers taught a quite different Doctrine . Their Doctrine was that it belong'd to the Rabble to Reform Religion publickly , to Reform it by Force ; To Reform the State if it would not Reform the Church ; To Extirpate all false Religion by their Authority ; To assume to themselves a Power , to overturn the Powers that are Ordain'd of God ; To depose them , and set up new Powers in their stead , Powers that would Protect , that , which they judged to be the best Religion : Whoso pleases may see this Doctrine fully taught by Knox , in his Appellation , (a) and he may see the same principle insisted on by Mr. Hendersone in his Debates with K. C. I. And who knows not that our Reformation was but too much founded on this Principle . Herein , I say , we own we have forsaken our Reformers : And let our Presbyterian Brethren , if they can , Convict us , in this , of Heresie . In short , our Reformers maintain'd that the Doctrine of Defensive Arms was Necessary : That Passive Obedience or Non-resistance was sinful , when People had means for Resistance . (b) That Daniel and his Fellows did not Resist , by the Sword , Because God had not given them the Power and the means . (c) That the Primitive Christians assisted their Preachers , even against the Rulers and Magistrates , and suppressed Idolatry , wheresoever God gave them Force . (d) They maintain'd that the Iudicial Laws of Moses ( tho' not adopted into the Christian Systeme ) in many considerable instances , continued still obligatory ; Particularly that the Laws punishing Adultery , Murther , Idolatry with Death , were binding ; That in obedience to these Laws , that Sentence was to be executed not only on Subjects , but on Sovereigns ; (e) That whosoever executes Gods Law , on such Criminals , is not only innocent , but in his Duty , tho' he have no Commission from Man for it . That Samuel's slaying Agag the fat and delicate King of Amalek ; And Elias's killing Baal's Priests ; and Iesabel's false Prophets ; and Phineas's striking Zimri and Cosbi , in the very Act of filthy fornication , were allowable Patterns for private men to imitate . (f) That all these and more such strange Doctrines were Common and Current amongst them , I am able to prove at full length , if I shall be put to it . Besides , they had many other Principles relating to other purposes , which I am perswaded , were not founded on Scripture , had no Countenance from Catholick Antiquity , were not aggreeable to sound and solid Reason , which we own , we are so far from maintaining , that we think our selves bound , both to Profess and Practice the contrary . And how easy were it to Confute as well as Represent some of Master Knox's principles which perhaps were peculiar to him ? He fairly and plainly condemned St. Paul and St. Iames , the first Bishop of Ierusalem , for their practice , Act. 21.18 , 19 , &c. (g) He esteem'd every thing that was done in Gods service , without the express command of his word , vain Religion and Idolatry . (h) He affirmed that all Papists were infidels , both in publick and private ; (i) I cannot think he was right in these things . He had , sometimes , Prayers , which do not seem to me to Savour any thing of a Christian Spirit : Thus in His Admonition to the Professors of the Truth in England , after he had insisted on the Persecutions in Queen Mary's time , he had this Prayer , (k) God for his great Mercies sake stir up some Phineas , Elias or Jehu that the blood of abominable Idolaters may Pacify Gods wrath , that it consume not the whole Multitude , Amen . I must confess it was not without some horrour that I put his own Amen to such a petition . In that same Exhortation he prays , also , thus , Repress the pride of these blood-thirsty Tyrants ; Consume them in thine anger , according to the Reproach which they have laid against thy Holy Name . Pour forth thy vengeance upon them , and let our eyes behold the blood of the Saints required of their hands : Delay not thy vengeance , O Lord , but let death devour them in haste ; Let the Earth swallow them up , and let them go down quick to the hels ; For there is no hope of their Amendment ; The Fear and Reverence of thy Holy Name is quite banished from their hearts ; And therefore , yet , again , O Lord , consume them ; Consume them in thine Anger . (l) Let the world judge if such Prayers Savour of a Gospel-spirit . Was this loving our Enemies , or Blessing them that Curse us , or Praying for them who despitefully use us , or Persecute us ? Was this like forgiving others their trespasses as we would wish our own trespasses to be forgiven ? Was this like Father forgive them for they know not what they do . Or Lord lay not this sin to their charge ? Did Master Knox consider or know what manner of spirit he was of , when he offered up such petitions ? I shall only give one other Specimen of Master Knox's Divinity , and because 't is about a point which of late has been so much agitated , I shall not grudge to give his sentiments somewhat fully : Because , perchance , he may come to have some credit by it ; He may chance to be honoured as a Father by the Providentialists . The Story is this . He wrote a Book against the Regiment of Women , as he called it : His aim was principally against Mary Queen of England : When Queen Elizabeth , was raised to the Throne , some body having told her that he had written such a Book , she resented it so , that she would not allow him to set his foot on English ground , when he was returning from Geneva to Scotland , Anno 1559. This grated him not a little : However , he could not endure to think upon retracting the Positions in his Book ; having once asserted them , he deem'd it point of Honour , it seems to adhere to them ; for thus he told Secretary Cecil in a Letter from Diepe , April 10. 1559. (m) He doubted no more of the Truth of his Proposition , than he did , that it was the voice of God , which , first , did pronounce this Penalty against Women . In dolour shalt thou bear thy Children . And in a Conference with Mary Queen of Scotland , Anno 1561. He told her , that , to that hour , he thought himself alone more able to sustain the things affirmed in that Book , than any ten Men , in Europe , could be , to confute them . (n) But for all this , Queen Elizabeth ( as I said ) was raised to the Throne of England ; and it was needful her Majesty should not continue to have quarrels with him : Her Kindness and Countenance , at that time to him and his Projects , were worth little less than a Deanry ; Some Knack was , therefore , to be devised for making a Reconcilement between his Book and her Regiment ; Well! what was it he fix't on ? Why ? The Providential Right serv'd him to a Miracle : For thus he wrote , in his aforementioned Letter to Cecil ; If any Man think me either Enemy to the Person , or yet to the Regiment of her , whom God hath now promoted , they are utterly deceived in me ; For the MIRACULOUS work of God , comforting his afflicted by ane infirm Vessel , I do acknowledge : And I will Obey the Power of his most potent hand ( Raising up whom best pleaseth his Majesty to suppress such as fight against his Glory ) Albeit that both NATURE and GODS MOST PERFECT ORDINANCE REPUGNE to such Regiment . More plainly to speak : If Queen Elizabeth shall Confess that the EXTRAORDINARY DISPENSATION of Gods great Mercy makes that LAWFUL unto HER , which both NATURE and GODS LAW do DENY unto all Women , Then shall none in England be more willing to maintain her Lawful Authority than I shall be : But if ( GODS WONDROUS WORK set aside ) She ground ( as God forbid ) the justness of her Title upon Consuetude , Laws and Ordinances of Men , then I am assured , that , as such foolish presumption doth highly offend Gods Supreme Majesty , so , I greatly fear , that her Ingratitude shall not long lack punishment . This was pretty fair , but it was not enough . He thought it proper to write to that Queen her self , and give her a Dish of that same Doctrine . His Letter is dated at Edenburg , Iuly 29. 1559. (o) In which having told her , He never intended , by his Book to assert any thing that might be prejudicial to her Iust Regiment , providing she were no● found Unfaithful to God , he bespeaks her thus : Ingrate you will be found in the presence of his Throne , if you transfer the Glory of that Honour in which you now stand to any other thing than the DISPENSATION of his Mercy , which ONLY maketh that Lawful to your Majesty which NATURE and LAW denyeth to all Women , to command and bear Rule over Men — In Conscience I am compelled to say that neither the consent of People , the Process of time , nor Multitude of Men can Establish a Law which God shall approve , but whatsoever he approveth , by his Eternal word that shall be approved , and stay constantly firm : And whatsoever he Condemneth shall be Condemned , tho' all Men on Earth should travel for the justification of the same : And therefore , Madam , The only way to retain and keep the Benefits of God , abundantly of late days , poured upon you , and your Realm , is , unfeignedly . to render unto God , to his Mercy and undeserved Grace , the whole Glory of all this your Exaltation : Forget your BIRTH and all TITLE which thereupon doth hang — It pertaineth to you to ground the JUSTICE of your Authority , not on that LAW which from year to year doth change , but upon the ETERNAL PROVIDENCE of him , who CONTRARY to the ORDINARY course of NATURE , and without your deserving , hath exalted your Head. If thus in Gods presence , you humble your self , I will , with Tongue and Pen , justify your Authority and Regiment , as the Holy Ghost hath justified the same in Deborah , that Blessed Mother in Israel : But if you neglect ( as God forbid ) these things , and shall begin to Brag of your Birth , and to Build your Authority and your Regiment upon your own Law , flatter you who so listeth , your Felicity shall be short , &c. Let Contentious People put what Glosses they please on Bishop Overal's Convocation Book , sure I am , here is the Providential Right so plainly taught that no Glosses can obscure it . Here it is maintain'd , in plain terms , and Resolutely , in opposition , to all the Laws , not only of Men , but of God and Nature . Thus I have given a taste of such principles as the Prelatists , in Scotland , profess they disown , tho' maintain'd by our Reformers : It had been easy to have instanced in many more ; But these may be sufficient for my purpose , which was not in the least , to throw dirt on our Reformers ( to whom I am as willing as any man to pay a due reverence ) but to stop the mouth of impertinent clamour , and 〈◊〉 the world have occasion to consider if it is such a scandalous thing , to think otherwise , than our Reformers thought , as our Brethren endeavour on all occasions , to perswade the populace : For these principles of our Reformers which I have mentioned in Relation to Civil Governments , are the principles in which we have most forsaken them : And let the world judge , which set of principles has most of Scandal in it : Let the world judge , I say , whither their principles or ours participate most of the Faith , the Patience , the Self-denyal , &c. of Christians : Whither principles have least of the love of the world , and most of the image of Christ in them : Whither principles have greatest affinity with the principles and practices of the Apostles , and their immediate successors , in the most afflicted , and , by consequence , the most incorrupted times of Christianity : Whither principles have a more natural tendency towards the security of Governments and the peace of Societies , and seem most effectual for advancing the power of Godliness , and propagating the Profession and the life of Christianity . I further , subjoyn these two things . 1. I challenge our Presbyterian Brethren to convict us of the Scandal of receding from our Reformers in any one principle which they maintain'd , in Common , with the Primitive Church ; the Universal Church of Christ , before she was tainted with the Corruptions of Popery : And if we have not done it , ( as I am Confident our Brethren shall never be able to prove , we have , ) our receding from our Reformers , as I take it , ought to be no prejudice against us . I think the Authority of the Catholick Church , in the days of her indisputed Purity and Orthodoxy , ought , in all Reason to be deem'd preferable to the Authority of our Reformers ; especially considering that they themselves professed to own the Sentiments of the Primitive Church , as a part , at least , of the Complexe Rule of Reformation , as I have already proved . 2. I challenge our Presbyterian Brethren to instance in so much as one principle , in which we have Deserted our Reformers , wherein , our Deserting them can , by any Reasonable , by any Colourable construction , be interpreted ane approach towards Popery . I think , no Man who understands any thing of the Popish Controversies can readily allow himself the Impudence to say , that , to dislike Tumultuary Reformations , and deposing Sovereign Princes , and subverting Civil Governments , &c. upon the score of Religion , is , to be for Popery ; Or that the Doctrine of Submission to Civil Authority , the Doctrine of Passive Obedience or Non-resistance , or ( which I take to be much about one , in the present case ) the Doctrine of the Cross , are Popish Doctrines ; Or that to Condemn the Traiterous Distinction between the Person and the Authority of the Civil Magistrate , as it is commonly made use of , by some People , and as it is Condemned by the Laws of both Kingdoms , is , to turn either Papistical or Iesuitical . Let our Brethren , if they can , Purge their own Doctrines , in these matters , of all Consanguinity with Popery . And now , after all this , 3. I would desire my Readers to remember , that this Artifice of Prejudicating against principles , because different from , or inconsistent with , the principles of our Reformers , is none of our Contrivance ; Our Presbyterian Brethren , not we , were the First , who set on foot this Popular , tho' very pitiful way of Arguing ; By all the Analogies , then , of equitable and just Reasoning , they ought to endure the Tryal of their own Test. And this brings me to Enquire whither they have stuck so precisely by the principles of our Reformers , that they are in Bona Fide to insist on such a Topick ? And I think they will not be found to be so , if I can make it appear that they have Notoriously deserted the principles of our Reformers . I. In the Faith. II. In the Worship . III. In the Discipline . And IV. In the Government of the Church . I. I say they have forsaken our Reformers as to the Faith of the Church . Our Reformers digested a Confession of Faith , Anno 1560. They got it Ratifyed in Parliament that same year ; It was again Ratifyed , Anno 1567. and in many subsequent Parliaments . It continued still to be the publick , Authorized Standard of the Faith of this National Church , for more than eighty years . Our Reformers design'd it to be a perpetual and unalterable Standard of the Faith of this National Church , for ever . When the Barons and Ministers gave in their Petition , to the Parliament , for ane Establishment of the Reformation , Anno 1560. They were called upon and Commandment given unto them , to draw into plain and several Heads , the sum of that Doctrine , which they would maintain , and would desire the Parliament to Establish , as wholesome , true , and only necessary to be believed , and to be received within the Realm : And , they willingly accepted the Command , and , within four days , presented the Confession , which was Ratified , (a) and that its Establishment might pass with the greater solemnity and formality of Law , The Earl Marshal protested that it might never be altered . (b) Yet , now , Our Presbyterian Brethren have set up a quite different Standard of Faith , namely , the Westminster Confession , and have got it , now , Ratifyed by this current Parliament , Anno 1690. ( it was never , before , Ratified by Act of Parliament ) I call it a quite different Standard of Faith : Indeed , whosoever diligently compares both Confessions , shall readily find it such ; He shall not only find many things kept out of the Westminster Confession , which are in the Confession of our Reformers ; and many things put in the Westminster Confession , which were not in the Confession of our Reformers ; and many things , nicely , minutely , precisely and peremptorily determined , and that in the most Mysterious matters , in the Westminster Confession , which our Reformers thought fit ( as was indeed proper ) to express in very General and Accommodable Terms : But he shall meet with not a few plain , evident and irreconcileable Contradictions : And now , by this present Parliament , in its Last Session , particularly , upon the twelfth day of Iune , Anno 1693 , it is statuted and ordained , That no Person be admitted , or continued , for hereafter , to be a Minister or Preacher , within this Church , unless he subscribe the Westminster Confession , declaring it to be the Confession of his Faith ; and that he owns the Doctrine therein contained to be the true Doctrine , to which he will constantly adhere . And by unavoidable consequence , he is bound to subscribe to , and own , God knows how , many propositions , not only not required nor professed by our Reformers ; but directly contrary to their Faith and principles : And now , let the world judge if our Presbyterian Brethren are the Successors of our Reformers in point of Faith. II. They have forsaken them , yet more , in the point of Worship : and here a vast field opens ; For to this head I reduce ( artificially or inartificially , is no great matter , if I adduce nothing but wherein our Brethren have deserted our Reformers ) the publick Prayers , the publick Praises , the publick Preaching of the word , the administration of the Sacraments , &c. with all their Ceremonies , Solemnities and Circumstances , &c. Generally , whatever uses to be comprehended in Liturgies . 1. In the General , our Reformers were far from Condemning Liturgies , or Set-Forms in the publick Offices of the Church . There 's nothing more plain , than that they preferred publick Composures to these that were private : Composures digested by the publick Spirit of the Church , to Composures digested by the private Spirit of particular Ministers ; and Premeditated and well digested Composures , tho' performed by private persons , to the , too frequently , Rash , indigested , incomposed performances of the Extemporary Gift . They preferred Offices which were the productions of grave , sedate , well pondered thoughts , to Offices which were mostly the productions of Animal Heat , and warmth of Fancy . Iohn Knox himself ( one who had as much Fire in his temper , and was as much inclined to have given scope to the Extemporary Spirit , I am apt to think , as any of our Reformers ) had even a set form of Grace or Thanksgiving after meat , (c) he had a set-form of Prayer for the publick , after Sermon , (d) and he had set-forms of Prayers read , every day in his Family . (e) In conformity to this principle , ou● Reformers for seven years , together , used the Liturgy of the Church of England , as I have fully proven . When ( by the importunity and perswasions of Iohn Knox , principally , I am sure , if not only ) they resolved to part with the English Liturgy , they continued still as far as ever from Condemning Liturgies . They did not lay it aside to take up none ; They choosed another to succeed it ; they choosed that which went , then generally , under the name of the Order of Geneva , or the Book of Common Order ; Since , under the name of Knox's Liturgie , or the Old Scottish Liturgie : This Liturgie continued in use , not only , all the time , the Government of the Church subsisted by Imparity , after the Reformation ; But even , for many Decads of years , after the Presbyterian Spirit and Party turn'd prevalent . It was so universally received and used , and in so good esteem , that , when it was moved by some in the Assembly holden at Burnt-Island , in March , Anno 1601. That there were sundry Prayers in it , which were not convenient for these times , and a change was desirable , the Assembly rejected the motion , and Thought good , that the Prayers , already , contained in the Book , should neither be altered nor deleted ; But if any Brother would have any other Prayers , added , as more proper for the times , they should first present them to be tryed , and allowed , by the General Assembly . (d) Here , indeed , was caution and concern about the publick worship worthy of a General Assembly . Nay , The First-Rate Presbyterians themselves used the Book , as punctually , as any other People . When Mr. Robert Bruce ( of whose zeal for the good cause , no Man , I think , can doubt ) was relegated to Innerness , Anno 1605. He remained there four years , Teaching every Sabbath , before noon , and every Wednesday ; And exercised at the Reading of the Prayers every other night . (e) And Master Iohn Strimgeour ( another prime Champion for the cause ) when he appeared before the High Commission , March 1. Anno 1620 , and was challenged for not putting in practice the five Articles of Perth ; Particularly for not Ministering the Eucharist to the People on their knees , answered , there is no warrantable form directed or approven by the Kirk , besides that which is extant in Print , before the Psalm Book , ( i. e. the old Liturgy ) according to which , as I have always done , so now , I Minister that Sacrament . (f) In short , It continued to be in use even after the beginning of the Horrid Revolution , in the days of King Charles the First , and many old People , yet alive , remember well , to have seen it used indifferently , both by Presbyterians and Prelatists . But it is not so now . Our Modern Presbyterians do not only Condemn the Liturgie of the Church of England ( used as I say by our Reformers ) calling it a Dry , lifeless service , a spiritless , powerless service ; ane unwarrantable service ; ane ill-mumbled mass ; a farce of Popish Dregs and Reliques ; a Rag of Romish Superstition and Idolatry ; and God knows how many ill things : But they Generally Condemn all Liturgies , all set-forms of publick worship and devotion ; They will admit of none : All to them are alike odious and intolerable . Herein , I think , there is a palpable Recession from the principles of our Reformers , about the publick and solemn worship of the Church ; and that in a most weighty and material instance : But this is not all ; They have not only deserted our Reformers , and Condemn'd them as to Forms ; But they have made very considerable and important Recessions from them , as to the matter , both in the substance and circumstances of Liturgical Offices ; and here I must descend to particulars . 1. Then , our present Presbyterians observe no Forms in their publick Prayers , either before , or after Sermon ; For the most part , they observe no Rules ; They Pray by no Standard ; Nay they do not stick by their own Directory : All must be Extemporary work ; and the newer , the odder , the more surprizing both as to matter and manner , the better . If any Brother has not that fire in his temper , that heat in his blood , that warmth in his Animal-spirits , that sprightlyness and fervour in his fancy , or that readiness of elocution &c. If he wants any one or two of these many Graces , which must concur for accomplishing one with the ready Gift , and shall adventure to digest his thought , and provide himself with a Premeditated Form of his own making ; He shall be concerned likewise to be so wise and wary , as to provide himself , either with a variety of such Forms , or many disguises for his one form , or he shall run the hazard of the success of his Ministery , and his Reputation to boot ; He is a Gone-man if the Zealots of the gang smell it out , that he prayed by Premiditation . Fore-thought Prayers are little less Criminal , than fore-thought Felony : He wants the spirit , and deserves to be ranked amongst the Anti-Christian Crue of Formalists . Nay , so much are they against set-forms , that 't is Popery , for any thing I know , to say the Lords Prayer . Our Reformers never met for publick worship , but they used it once or oftner ; And they used it as in obedience to our Saviours Commandment . Take , for a taste , these instances , which I have collected from the old Liturgy . The Prayer for the whole Estate of Christs Church , appointed to be said after Sermon , is Concluded thus , In whose name we make our humble petitions unto thee , even as he hath taught us , saying , Our Father , &c. (g) Another Prayer to be said after Sermon , has the Lords Prayer in the very bosom of it . (h) The Prayer to be used when God threatens his Iudgements , concludes thus , — Praying unto thee with all humility and submission of minds , as we are taught and commanded to Pray , saying , Our Father . &c. (i) The Prayer to be used in time of Affliction , thus , Our only Saviour and Mediator , in whose name we Pray unto thee as we are taught , saying , Our Father , &c. (k) The Prayer at the Admission of a Superintendent or a Minister , thus — Of whom the perpetual increase of thy Grace , we crave , as by thee our Lord , King , and only Bishop , we are taught to Pray , Our Father , &c. (l) The Prayer for the Obstinate ( in the order for Excommunication ) thus , — These thy Graces , O Heavenly Father , and farther , as thou knowest to be expedient for us , and for thy Church Vniversal , we call for , unto thee , even as we are taught , by our Lord and Master Christ Iesus , saying , Our Father , &c. (m) The last Prayer before Excommunication , thus , — This we ask of thee , O Heavenly Father , in the boldness of our Head and Mediator Iesus Christ , praying as he hath taught us , Our Father , &c. (n) The Confession of sins , &c. in time of publick Easts , thus , — We flee to the obedience and perfect Iustice of Iesus Christ our only Mediator — Praying as he hath taught us , saying , Our Father , &c. (o) The Prayer of Consecration in Baptism , thus , — May be brought as a lively Member of his Body , unto the full fruition of thy joys , in the Heavens , where thy Son , our Saviour Christ Reigneth , world without end ; In whose name , we Pray , as he hath taught us , saying , Our Father , &c. (p) So many of the Prayers used by our Reformers , were concluded with the Lords Prayer : And it is obvious to any body that sometimes 3 or 4 of them were to be said at one Assembly : And still when the Lords Prayer is brought in , you see , 't is plainly in Obedience to our Saviours Command , from which , 't is clear our Reformers lookt on the using it , as , not only Lawful , but , Necessary . Our present Presbyterians will not only , not use it , but they Condemn and writ against the using of it . Indeed , They have not retained so much as one Form , except that of Blessed use by Saint Paul , 2 Cor. 13.14 . This indeed they commonly say ( tho' I am not sure they say it in the Form of a Blessing ) before the Dissolution of the Assembly : But why they have kept this and rejected all other Forms ; or , how they can reconcile the retaining of this , with the rejection of all other Forms , I confess I am not able to tell : Let themselves answer for that , as well as for , retaining set-forms of Praise while they Condemn set forms of Prayer . 2. Our Reformers , in their publick Assemblies , never omitted to make a solemn and publick Confession of their Faith , by rehearsing that which is commonly called the Apostles Creed : It was said after the Prayer for the whole Estate of Christs Chruch , and it was introduced thus , Almighty and Everliving God , vouchsafe we beseech thee , to grant us perfect continuance in thy lively Faith , augmenting the same in us dayly , till we grow to the full measure of our perfection in Christ , whereof we make our Confession , saying , I believe in God the Father , &c. Herein they are intirely deserted by our present Presbyterians also . 3. The Preaching of the word may be performed two ways ; By the publick Reading of the Scriptures ; and by Sermons , &c. founded on the Scriptures : Our present Presbyterians , in both these , have Receded from our Re●●●mers . 1. As for the Reading of the Scriptures , our Reformers delivered themselves thus , in the First Book of Discipline , Head 9. (q) We think necessary that every Church have a Bible in English , and that the People conveen to hear the Scriptures Read and Interpreted ; that by frequent Reading and Hearing , the gross ignorance of the People may be removed ; And we judge it most expedient , that the Scriptures be read in order , that is , that some one Book of the Old and New Testament be begun and followed forth to the end . For a good many years after the Reformation there was ane order of men , called Readers , who supplyed the want of Ministers in many Parishes : Their Office was to Read the Scriptures and the Common Prayers : The Scriptures continued to be Read in Churches for more than eighty years , after the Reformation : In many Parishes , the old Bibles are still extant , from which the Scriptures were Read : Even the Directory it self , introduced , not before the year 1645. appointed the Scriptures to be Read publickly in Churches , one Chapter out of each Testament , at least , every Sunday before Sermon , as being part of the publick worship of God , and one mean● Sanctified by him for the Edifying of his People Yet , now , what a Scandal would it be to have the Scriptures Read in the Presbyterian Churches ? The last days Sermons , taken from the mouth of the powerful Preacher , by the inspired singers of Godly George or Gracious Barbara , in some Churches of no mean Note , have been Deem'd more Edifying than the Divine Oracles . The Scriptures must not be touched but by the Man of God , who can interpret them ; And he must Read no more than he is , just then , to interpret : What shall I say ? Let Protestant Divines Cant as they please about the Perspicuity of the Scriptures , 't is a dangerous thing to have them Read publickly without Orthodox Glosses , to keep them close and true to the principles of the Godly : And who knows but it might be expedient to wrap them up again in the unknown tongue ? But enough of this . 2. As for Sermons , &c. The First Book of Discipline gives us the sentiment of our Reformers , thus , The Sunday , in all Towns , must precisely be observed ; before and after noon ; before noon , the word must be Preached , Sacraments Administred , &c. After noon , the Catechism must be taught , and the young Children examined thereupon , in audience of all the People . (r) This continued the manner of the Church of Scotland , for full twenty years , after the Reformation : For I find no mention of afternoons Sermons , till the year 1580 , that it was enacted ( by that same General Assembly which Condemned Episcopacy , ) That all Pastors or Ministers should Diligently travel with their Flocks to conveen unto Sermon , after noon , on Sunday ; Both they that are in Landward , and in Burgh , as they will answer unto God. (s) The whole Kingdom knows , Lectures before the forenoons Sermon , were not introduced , till the days of the Covenant and Directory ; Yet , now , a mighty stress is laid upon them , and I my self have been told , that they were one good Reason for forsaking the Episcopal Communion , where they were not used , and going over to the Presbyterians , where they were to be had . I am not to condemn a diligent instruction of the People : But to speak freely , I am very much perswaded the Method of our Reformers , in having but one Sermon , and Catechising , after noon , was every way as effectual for Instructing the People in the substantial knowledge of our Holy Religion , and pressing the practice of it , as any method has been in use since ; Much more might be said on this subject ; But from what I have said , 't is plain there is a great Dissimilitude between our Modern Presbyterian and our Reformers even in this point ; and that is enough for my purpose . 4. They have as little stuck by the Pattern of our Reformers in the Office of Praise : Our Reformers , beside the Psalms of David had , and used , several other Hymns in Metre : They had the Ten Commandments , the Lords Prayer , the Creed , Veni Creator , the humble suit of a sinner , the Lamentation of a sinner , the Complaint of a sinner , the Magnificat , the Nunc Dimittis , &c. They never used to conclude their Psalms without some Christian Doxology : The Gloria Patri was most generally used : In the old Psalm Book , it is turn'd into all the different kinds of Measures , into which the Psalms of David are put , that it might still succeed , in the conclusion , without changing the Tune : It was so generally used , that , ( as Doctor Burnet in his Second Conference , (t) tells us ) even a Presbyterian General took it in very ill part , when it begun to be disused : Yet , now , nothing in use , with our present Presbyterians but the Psalms of David ; and these too , for the most part , without Discrimination . The Gloria Patri , recovered from Desuetude , at the last Restitution of Episcopacy , and generally used in the Episcopal Assemblies , these thirty years past , was a Mighty Scandal to them ; So great , that even such as came to Church , hang'd their Heads and sate silent , generally , when it came to that part of the Office. Having mentioned Doctor Burnet's Conferences , I will transcribe his whole Period , because some other things than the Gloria Patri are concerned in it . When some Designers ( says he ) for popularity in the Western Parts of that Kirk did begin to disuse the Lord Prayer in worship , and the singing the conclusion or Doxologie after the Psalm , and the Ministers kneeling for Private Devotion , when he entered the Pulpit , the General Assembly took this in very ill part ; And , in the Letter they wrote to the Presbyteries , complained sadly of a Spirit of Innovation was beginning to get into the Kirk , and to throw these Laudible practices out of it , mentioning the three I named which are commanded still to be practiced , and such as refused Obedience , are appointed to be conferred with , in order to the giving of them satisfaction ; And if they continued untractable , the Presbyteries were to proceed against them as they should be answerable to the next General Assembly . Thus he ; and this Letter , he said , he could produce , Authentically Attested : I doubt not , he found it amongst his Uncle Waristown's Papers , who was Scribe to the Rampant Assemblies from the year 1638 , and downward . I wish the Doctor had been at pains to have published more of them ; If he had imployed himself that way , I am apt to think he had done his Native Countrey better service , than he has done her Sister Kingdom by publishing Pastoral Letters to be used , he knows how ; But even from what he has given us , We may see how much the disusing of the Lords Prayer , and the Doxologie is a late Innovation , as well as a Recession from the Pattern of our Reformers . And as for the decent and Laudable custom of kneeling for private Devotion , used by the Minister when he entered the Pulpit ; It may be reckoned 5. Another Presbyterian late Recession . It is certain it was used by our Reformers ; It is as certain , it continued in use , till after both Covenants were sworn ; The National I mean , and the Solemn League and Covenant ; It was not turn'd Authoritatively ( I intend no more than the Equivocal Authority which Schismatical Assemblies pretend to ) into disuse till the General Assembly 1645. Even , then , it was not Condemned as either superstitious or indecent ; It was laid aside , only , in complyance with the English Presbyterians . By that Assembly , a Committee was appointed , to give their opinion , about keeping a greater Vniformity in this Kirk , in the practice and observation of the Directory , in some points of publick worship : And the fourth Article to which they Agreed , was this ▪ word for word , It is also the Iudgment of the Committee , that the Ministers bowing in the Pulpit , tho' a Lawful Custome in this Kirk , be , hereafter , laid aside , for satisfaction of the desires of the Reverend Divines in the Synod of England , and Vniformity with that Kirk so much endeared to us . And then followeth the Assembly's approbation of all the Articles digested by the Committee . Here , 't is evident this Assembly own'd it to be a Lawful Custome : A former Assembly called it Laudible . And yet it is Scandalous if not Superstitions to our present Presbyterians . Let me add as ane Appendage to this , 6. Another ( in my opinion ) very decent , and commendable Custome , which obtain'd in Scotland , generally , till the latter times of Presbytery . This , when People entered the Church , they commonly uncovered their Heads , as entering into the House of God ; And generally they put up a short Prayer to God ( some kneeling , some standing , as their conveniency allowed them ) deeming it very becoming to do so , when they came thus into the place of Gods special presence and his publick worship . This custom was so universal , that the vestiges of it may be , even yet , observed amongst old People , educated before the Donatism of the Covenant , who continue to retain it ; Now adays , 't is plain Superstition to a Presbyterian , not to enter the Church , with his Head covered . Mas Iohn himself doth it as mannerly as the coursest Cobbler in the Parish . In he steps , uncovers not till in the Pulpit , claps streight on his Breech , and within a little falls to work as the Spirit moves him . All the Congregation must sit close in the time of Prayer ; Clap on their Bonnets in the time of Sermon , &c. This is the way ; and it brings me in mind of ane observe , ane old Gentleman has frequently repeated to me , which was , that he found it impossible to perform Divine worship without Ceremonies ; For ( said he ) the Presbyterians themselves , who pretend to be against all Ceremonies , seem , even to Superstition , precise , in observing the Ceremonies of the Breech , &c. But — Thus I have represented , in some instances , how our Presbyterian Brethren have deserted our Reformers in the ordinary stated parts of publick worship . I proceed now to the Sacraments . 7. Then , our Reformers had not only a set form for Administring the Sacrament of Baptism ; But , beside the Father of the Child , they allowed of Sureties or Sponsors . This is plain from the conclusion of the discourse concerning the nature and necessity of Baptism , in the Old Liturgy ; For , the Minister , there , addressed to the Father and the Sponsors , thus ; Finally to the intent that we may be assured that you the Father and the Sureties , consent to the performance hereof ( of the conditions mentioned before ) Declare , here , before the Face of this Congregation , the sum of the Faith wherein you believe , and will instruct this Child . After this there is this Rubrick ; Then the Father , or , in his absence , the God-Father , shall rehearse the Articles of his Faith , which done , the Minister expoundeth the same as followeth . That which followeth is , a large explanation of the Apostles Creed , &c. Thus it was appointed in the old Liturgie ; and thus it was practiced Universally for some scores of years . But our Modern Presbyterians do not only abhor all Set-forms , as I have said , but , to name Sponsors or Godfathers , to them is to incur the Scandal of Popery . The Apostles Creed is no agreeable Standard of the Christian Faith , into which one is initiated by Baptism . They cannot endure to hear of it , in this Office. Whoso presents a Child to them to be Baptized , must promise to bring up the Child in the Faith , as it is contained in the Westminster Confession , and the larger and shorter Catechisms . This they Require Generally : Not a few Require that the Child be educated in the Faith of the Solemn League and Covenant . 7. About the Sacrament of the Lords Supper , I find many considerable alterations . Take these for a Taste . 1. It was Administred by our Reformers , by a set-form , contained in the Old Liturgie : It continued to be so Administred for more than 60 years , by Presbyterians themselves , as I have observed already in the instance of Scrimgeour . 2. As for the frequency of this most Christian Office ; The First Book of Discipline , Head 9th , (v) Determined thus : Four times in the year , we think sufficient , for Administration of the Lords Table — Albeit we deny not , but every Church for Reasonable causes , may change the time , and Minister the same , oftner . The General Assembly holden at Edenburgh , Decemb. 25. 1562 , Ordained , the Communion to be Ministred four times in the year in Burghs , and twice , in Landward , (w) The First Rubrick in the Office for the Lords Supper , in the Old Liturgy , intimates it was oftner administred , for thus it runs ; Vpon the day that the Lords Supper is Ministred , which commonly is used once a Month , or as often as the Congregation shall think expedient , &c. 3. Our Reformers had no preparation Sermons on the Saturndays immediately before the Adminstration of the Sacrament : No vestige of any such Sermons in the Old Liturgy , nor in the Acts of the Old Assemblies , nor in any of our Histories . It is plain , such Sermons were not required by the Authority of any ( even Presbyterian ) Assembly till the year 1645. Then , indeed , amongst the Articles prepared by the Committee , mentioned before , I find this the seventh Branch of the Third Article , which was about the Lords Supper , That there be one Sermon of Preparation , delivered in the ordinary place of publick worship , upon the day immediately preceeding . And it is clear from the stile of these Articles that this was new ; and had not been practiced , at least generally , before . 4. Our Reformers thought as little on Thanksgiving Sermons on the immediately succeeding Moondays . Indeed such were not required , no not by that Innovating Assembly , 1645. All it has about Thanksgiving Sermons , is in the 8 th Branch of the aforesaid Article , which is this , That before the serving of the Tables there be only one Sermon delivered to those who are to Communicate , and , that , in the Kirk , where the service is to be performed : And that , in the same Kirk , there be one Sermon of Thanksgiving , after the Communion is ended . 5. No Vestige of Assistant Ministers at the Administration of this Sacrament , in the practice of our Reformers ; So far as I can learn , it was that same Assembly 1645 which first allowed this , also , in the Sixth Branch of the aforesaid Article , which is this ; That when the Communion is to be Celebrated in a Parish , one Minister may be imployed for assisting the Minister of the Parish , or at the most two . Indeed , as our Reformers digested the matter , there was no use for any ; The Minister of the Parish , was sufficient , alone , for all the work ; for they were careful that it might be no insupportable task ; as , sure , it ought not to be . They neither made it such as might exhaust a mans Spirits , nor over-burden his Memory , &c. Particularly . 6. In the time of Celebration , they had no Exhortations at all , neither Extemporary nor Premeditated ; But the First Book of Discipline appointed thus , During the Action we think it necessary that some comfortable places of Scripture be Read , which may bring in mind , the Death of the Lord Iesus , and the benefits of the same ; For seeing , in that Action , we ought Chiefly to Remember the Lords Death ; We judge the Scriptures , making mention of the same , most apt to stir up our dull minds , then , and at all times . The Ministers at their disoretion may appoint the places to be Read as they think good . And in the Old Liturgy , the Rubrick appoints thus ; During which time ( the time the Communicants are at the Table , and participating of the Elements ) some place of Scripture is Read , which doth lively set forth the Death of Christ , &c. This continued the custom of the whole Church for more than eighty years , after the Reformation , without any attempts to Innovate , till the often mentioned Assembly 1645. Then , and not till then , it was Enacted , That there should be no Reading in the time of Communicating ; But , that the Minister making a short Exhortation at every Table , thereafter , there should be silence , during the time of the Communicants Receiving , except only when the Minister should express some few short sentences , suitable to the present condition of the Communicants , in the Receiving , that they might be incited and quickned in their Meditations , in the Action . 7. Our Reformers never so much as once dreamed of keeping Congregational Fasts , some day of the week , before the Celebration of the Sacrament ; Nor of shutting the doors of all the neighbouring Churches , that day , it was to be Celebrated in any Parish Church ; Nor of having so many Sermons in the Church-yard where the Office was performed . Indeed , no such customes entered the thoughts of the very Assembly 1645. At least , if they thought on them , it was rather to Condemn , than Approve them . Nothing at all , indeed , about the Preparatory Fast. But the other two are expressly discharged , or , at least , guarded against : For the ninth Branch of the Committees Article is this , When the Parishioners are so Numerous that their Parish Kirk cannot contain them , so that there is a Necessity to keep out such of the Parish , as cannot conveniently have place ; In that case , the Brother , who assist the Minister of the Parish , may be ready , if need be , to give a word of Exhortation , in some convenient place appointed for that purpose , to those of that Parish , who , that day , are not to Communicate , which must not be begun till the Sermon delivered in the Kirk be concluded . And the eleventh this , That the Minister who cometh to assist have a special care to provide his own Parish , lest , otherwise , while he is about to Minister comfort to others , his own Flock be left destitute of Preaching . Thus the Eucharist was Celebrated by our Reformers ; and thus , it was Innovated by the Presbyterian General Assembly , Anno 1645. Well! what is the Method of our present Presbyterians ? Whether do they keep by the Measures of our Reformers , or their own Assembly 1645 ? Or have they receded from both ? I shall give ane account of their Method , as just and faithful as I can , and let the world judge . The Practice of our present Presbyterians is this . In many places , particularly in the West , a Fast is kept on some day of the week , before the Sacrament is Celebrated : The Congregation Meets : A Lecture , and two long Sermons are Preached : Long enough , Good enough ; But if they are not long , they are good for nothing . In all Parishes , on Saturnday , afternoon , another long Sermon in the Church , and , in most places , a long one too , in the Church-yard , Preached by some Neighbour-Brother . On Sunday ( the day on which the Communion is given ) six , seven , eight , ten or twelve Ministers , leaving their own Churches empty , that day , and without Divine Service , conveen at the Church where the Sacrament is to be Administred : The People of their Parishes , deprived of the publick worship , at home , resort thither , frequently also . If the Minister who gives the Sacrament , is a Gracious Man , a man of renown'd zeal for the good Cause ; most of the First-Rate zealots , both Masculine and Feminine , especially , the Females of the first Magnitude , the Ladies , who live within 6 , 10 , 16 , 20 , 30 miles distance , must be there also . In the morning , pretty early , some two or three hours sooner than ordinary , they fall to work . The Minister of the Parish himself , commonly Preaches a long long Sermon in the Church ; After some two hours and ane half , sometimes three full hours , spent in hard labour ( too hard for sides that are not very substantial ) He descends from the Pulpit , to the Communion Table , there he has another long Discourse , before he Consecrates the Elements ; That done , he Consecrates , not by a form , that were highly scandalous and unspiritual , but , as the ready Gift serves him . After that , ane Exhortation , which wants nothing but the Formality of having a Text Read , to make it a pretty long Sermon . Then the Elements are destributed to those who are set about the Table ; and that is called , the First Table . These , having participated , arise and remove ; Others plant themselves about the Table : Sometimes the Parish-Minister serves this Second Table also ; But if he does not , a fresh Brother succeeds , with another long Exhortation ; and so onward , so long as there are People who have not sate down , at every Table ( and sometimes there may be 10 , 12 , 14 Tables , more or fewer , as it happens ) there is a new long Exhortation , before the Destribution of the Elements ; and shorter ones in the time the Communicants ( who receive not from the Minister , but from one another , sitting 50 , 60 , 70 , 80 , &c. about the Table ) are eating and drinking . After all the Tables are served the Minister of the Parish ascends the Pulpit , again declaims another long Harangue , then Prays , &c. and all this , without Papers , from the Magazine of his Memory , unless it be sometimes supplyed from the stores of the Extemporary Spirit . But this is not all . All this time , the Sermons are thundering in the Church-yard , sometimes by pairs together , if the Confluence is great : Brother succeeds after Brother , and there is Sermon upon Sermon , indeficient Sermoning , till the Congregation within the Church is dissolved , which is not , for the most part , till much of the day is spent , indeed cannot readily be , considering what work there is of it . The Congregation dissolved , there is a little breathing time ; Then the Bell rings again , and the work is renewed : Some other Brother than the Parish Minister mounts the Pulpit in the Church , in the afternoon ; and Preaches a Thanksgiving Sermon , and the rest are as busy in the Church yard as ever : And then on Moondays morning the Preaching work is fallen to a fresh and pursued vigorously , one Preaching in the Church , another in the Church yard , as formerly . I am sure I am just in all this Account ; I could prove it by many instances , if it were needful , but I shall only name two . Thus , Last year when this Sacrament was Celebrated at St. Cuthberts , where the renown'd Mr. David Williamsone Exercises , on the three dayes , viz. Saturday , Sunday and Moonday , in the Church and Church-yard , there were no fewer than 12 or 13 formal Sermons , besides all the Incidental Harrangues , and all the Exhortations at the Tables , &c. And when the Sacrament was given in the New Church in the Canon-gate in September , or the beginning of October 1692 , there was much about the same number . I my self overheard parts of some three or four which were Preached in the Church-yard : And that which made me have the deeper impressions of the unaccountableness of this their Method , was , that all who were in the Church-yard , on Sunday , at least , and four times as many , might , that day , have had room enough in the Churches of Edenburgh , which were at no great distance : But , it seems , the solemnity of Church-yard Sermons , is now become necessary on such occasions . I have narrated nothing in this strange account ( I say ) but what is Notorious Matter of Fact : All this Parade they have , ordinarily , even in the Countrey ; and tho' there are but some scores , or , at most , but some hundreds to Communicate , yet the Communion is not Solemn enough , there 's a Cloud upon the Ministers reputation , something or other is wrong , if there are not some thousands of Spectators . I doubt not , when strangers Read this account , they will think it a very surprizing one : And no wonder , for , not to insist how much they have receded , not only from the Rules and Practices of our Reformers , but even from the Determinations of their own General Assembly 1645 ; not only receded from them , but , almost , in every particular , run quite Counter to them : not to insist on what occasions , may be given to much scandal , and many wickednesses , by such indigested , disorderly , confused , and mixt Convocations : For who knows not that hundreds , generally , strangers to one another , who have no sense of , no concern for , no care about serious Religion , may meet , on such occasions , for Novelty , for Curiosity , for Intrigues not to be named , for a thousand such sinister ends ? Not to insist on these things , I say , tho' they are of no small consequence : What a vast difference is there between such Communions , and the Orderly and Devout Communions of the Primitive Church ? What would the Ancient Lights and Guides of the Christian Church , who would suffer none to stay in the Church but such as were to Participate , say , if they saw such promiscuous Routs assembled , and mostly , for no other end , than making a Spectacle of such a Venerable Mystery ? Is not such unaccountable Parade much liker to the Popish Processions , than the Devout Performances of the purer times of Genuine Christianity ? How impossible were it , at this rate , to Celebrate the Sacrament , once a Month in every Parish Church ? How much more impossible to restore it to its due and proper frequency ? How far is this from looking on this Holy Sacrament , as ane ordinary , tho' a very signal part of Divine worship ? Or rather is it not to make a Prodigie of this Divine Mystery ? Certainly , when People observe how seldome , and withal , with what strange Pomp , with what , ordinarily , impracticable solemnity such ane holy ordinance is gone about , it cannot but work differently upon their different dispositions , It stands fair to be a Scare-crow to the weak Christian ; He dares not approach , where there is so much frightening Address ; It stands as fair for being a scandal to the strong and understanding Christian , when he sees so much vain shew , so much needless ostentation , so much odd , external tricking ▪ about it ; And the Hypocrite can hardly wish any thing more useful for him ; For who should doubt of his being a Saint , when he approaches , amidst so much solemnity ? Besides , Every body may easily see what is aim'd at by all this ; It is , as they think , a proper Method for catching the Populace ; It is to make them admire the Devotion , the Religion , the Abilities of the Party . How Glorious and August are their Communions ! What singular preparations have they ! How many Powerful Prayers ! How many Soul-searching Sermons ! Who can compare with them for fervour and zeal , for Graces and Gifts , for special marks of Gods peculiar favour and assistance ! Must not their way be Gods way ! Must not those of their way be the true , the only People of God! I ask God and my Presbyterian Brethren pardon , if this is not at the bottom of the Matter ; But if it is , I wish they would consider from what principles it proceeds ; How easy is it to discern in such Arts and Methods , the clear Symptomes , the lively Signatures , of a Schismatical temper ? How easy to perceive the plain features of Faction , and the Lineaments of a preposterous Fondness to have their way and party had in Admiration ? How easy were it , more fully to expose such dangerous and dreadful Methods ? But I am affraid I have digressed too much already . There is 8. Another very considerable instance of their Deserting the principles of our Reformers in the Matter of this Sacrament ; Such ane instance as may make another strange Figure , when seriously considered . Our Reformers , having once Established the Confession of Faith , as the Standard for this National Church , required no more for qualifying private Persons for the Sacrament of the Eucharist , than , that they could say the Lords Prayer , the Articles of the Belief , and the summ of the Law , and understand the use and Vertue of this Holy Sacrament ; So it is expressly delivered in the ninth Head of the First Book of Discipline . (x) Supposing the Person free from scandal , this was certainly a Genuine Measure , and agreeable to the Rules and Principles of Catholick Vnity . For However expedient it may be , upon some Emergent Occasions , or Necessities , to require suitable Obligations of Office-bearers in the Church , yet , no man , I think , who loves Christian Simplicity and Vnity , but will acknowledge , 't is proper and prudent , to make the terms of Communion as Catholick and Comprehensive , as Christs institutions will allow them to be made . Now , not to insist on our Brethrens separating , from the Communion of those , who keep by the terms of Communion required by our Reformers , whereby they expressly Condemn the Communion of our Reformers : not to insist on this , I say , tho' it might be more than enough , to prove their Recession from the principles of our Reformers , in this Matter : Our Presbyterian Brethren are bound by ane Express Act of the General Assembly 1648 , not to give the Sacrament of the Lords Supper to any who do not , first , swear the Solemn League and Covenant . The occasion was this . In the beginning of that year 1648 , most part of the Nobility and Gentry of Scotland having come to a sense of the Miseries and Calamities , the Kingdomes had been involved in , by the horrid Rebellion , which had , then , prevail'd , too long , and too successfully ; and willing to acquit themselves , for once , as dutiful subjects , for the relief of their suffering Soveraign , at that time , most sadly oppress'd , and kept in prison , by a prevailing party of his most undutiful subjects , entered into a most Dutiful Confederacy , commonly called Duke Hamiltons Engagement ; by the Presbyterians , the Vnlawful Engagement : And in pursuance thereof , made suitable preparations , provided Arms , levied men , &c. to form an Army . The Presbyterian Preachers were generally against it ; Preached and Prayed Damnation and Ruine to the undertakers , Condemn'd the undertaking as Unlawful and Perjurious , as Traiterous to the Cause of God , and a Breach of Solemn League and Covenant , and what not ? Particularly , The Presbytery of Edenburg , the leading Presbytery , the Presbytery which sate upon the Watch-Tower , of the Nation , shewed , I must say , Remarkable , tho' I cannot say , Good Example to the Rest of the Presbyteries , in the Months of May and Iune ; They rack't their inventions for falling on methods to crush and disappoint the Designs of the Engagers . For instance , they set on foot this Politick in the Respective Parishes , within their District , that the Ministers and Kirk-Sessions should form supplications against the Engagement , and give them in to the Presbytery , who were to give them in to the Committee of Estates , and thereby , to represent to them how much their undertaking was contrary to the Inclinations of the Generality of the People . The Device took effect in some Parishes : The Kirk-Sessions of Edenburgh , Holy-Rude-chouse , Duddingstown , Liberton , Rutho , Curry , Cramond , gave in their supplications , declaring that they could not be satisfyed in their Consciences about the Lawfulness of the Engagement . I have instanced in the forwardness of the Presbytery of Edenburgh , to give my Reader a Taste of the humour of these times ; nor is it to be imagined that others were asleep , while they were so diligent . The General Assembly met on the twelfth of Iuly , they justifyed the endeavours and diligence used before , against the Engagement , with a witness : They approved all the Declarations , Remonstrances , Representations , Petitions , &c. against it , which had been made by the Commission of the Kirk : They Declared there was no possibility of securing Religion , so long as this Unlawful Engagement was carried on . They made Acts and Declarations against Acts of Parliament ; and Threatned all who should Obey them , with the wrath of God and the Censures of the Kirk : They gave out their publick warnings against it , and wrote to their Covenanted Brethren in England , shewing their utter abhorrence of it : They made their Act Declaring silence about it , a Crime , and requiring all Ministers to make the main current of their Applications in Sermons against it , under the pain of being Censured by their Presbyteries . And to shew their sincerity and real zeal in all this , and for preventing all such ungodly Engagements , for the time to come , &c. They made this Act , That hereafter all Persons , whatsoever , should take the Covenant , at their first Receiving of the Lords Supper , requiring Provincial Assembly's and Presbyteries to be careful , that this Act should be observed , and account thereof taken , in the visitation of particular Kirks , and the tryal of Presbyteries . If this was not to streighten Christian Communion , if this was not to impose strange terms , on all who desired this Holy Sacrament , let the world judge : And it is very well known that for some years thereafter this Act was observed . Perhaps it were no difficult task to give ane account of many strange things which happened in pursuance of this Act : But I shall content my self at present with one instance . In pursuance of the Politick , of the Presbytery of Edenburg , mention'd before , the Ministers of South Leith , proposed , to that Kirk-Session ▪ the overture of supplicating , against the Engagement . The Plurality of the Elders rejected it : This was in May or Iune ; The Engagement , as every body knows , was unsuccessful ; The Army was Routed at Preston , &c. and the Kirk had opportunity to be avenged of Malignants . The Presbytery of Edenburgh , therefore , on the sixth of December , that same year , kept a Visitation at the Church of South Leith ; they made diligent Enquiry , who of the Elders , refused to supplicate against the Engagement ; They Deposed them from their Office , and they ordered the Ministers to go about ane Election of a New Session . But this was not all . Upon the 8 th of December , they met again , to digest a Method for Renewing the Covenant , in obedience to the Assemblies Act ; and particularly , they Ordained that such Seducers as disswaded others from petitioning against the Engagement should be debarred from the COVENANT . Nay upon the 24 th of Ianuary 1648 / 9 it was ordered , particularly , That those in South Leith who had accession to the Paper drawn in Captain Ramsey's house , ( which Paper , so far as one can Conjecture , from the Depositions of the Witnesses about it , was nothing but ane Apologetick , for their not supplicating ) as also those who were sent from the Corporations ( the Town , as I think , is divided into four Corporations ) to the Ministers and Session , to desire them to forbear supplicating , against the Engagement , should make publick acknowledgement of their Offence , before they should have permission to take the Covenant : So that at last , as is obvious , the matter resulted in this : The Elders of South Leith , and those who came from the Corporations to the Session to Disswade from supplicating , could not have the Sacrament without first taking the Covenant ; and they could not have the Benefit of the Covenant ( as it was then Deem'd ) till they should make publick acknowledgement of the Heinous Guilt of not supplicating , and , as Seducers , Disswading others from supplicating , against the Unlawful Engagement . For the Truth of this I Appeal to the Faith of the publick Register of that Presbytery . I know , our Presbyterian Brethren will be ready to say , that this was only a Deed of the particular Presbytery of Edenburgh , so that , if there was any thing amiss in it , it ought not to be imputed to the whole party : If this be said , I have these things to reply ; 1. What did the Presbytery herein that was not in pursuance of the publick Spirit of the times , and the Acts of the General Assembly ? But then 2. as extravagant as the Presbytery of Edenburgh was in this matter , They came not up , it seems , to the full Measures of Rigiditie , which the Spirit of the Assembly , required : For whoso pleases to turn over , in the Register , to the 31 st of Ianuary 1648 / 9 , shall find that the Commission of the Kirk ( the Authentick Vehicle of the publick Spirit of the Kirk , during the Interval between Assemblies ) wrote a Letter to the Presbytery , Requiring , greater accuracy in the Tryal of Malignants , and admitting People to the Renovation of the Covenant , prohibiting Kirk-Sessions to meddle in such Matters , and Ordering all to be done by the Presbyteries themselves ; Except very difficult Cases , which were to be referr'd to the Commission of the Kirk . And to secure this side also , let him turn over to the Acts of the General Assembly , Anno 1649 , and he shall find First Act Intituled , Approbation of the proceedings of the Commissioners of the General Assembly ; by which Act that Assembly ( Acted by that same Spirit , with the former ) found that the Commissioners appointed , Anno 1648. had been zealous , diligent and faithful in the discharge of the trust committed to them , and therefore did unanimously Approve and Ratify the whole Proceedings , Acts , and Conclusions of the said Commission ; Appointing Mr. John Bell , Moderator pro tempore , to return them hearty thanks , in the name of the Assembly , for their great pains , travel , and fidelity . If it be said , farther , that our present Presbyterians require not , now , that condition of taking the Covenant of those , they admit to the Sacrament : I reply , 1. do not the Cameronians , who , in all true Logick , are to be reputed the Truest Presbyterians observe it punctually ? 2. How can our present Regnant Presbyterians justify their Omission of it ? By their own principles the Act binds them ; for it stands as yet unrepealed by any subsequent General Assembly : By the common principles of Reason they are bound , either to obey that Act or Reprobate the Assembly which made it . This I am sure of , they can neither plead the Dissuetude of that Act , nor any Peculiarity in the Reason of it , for their neglecting it , more , than many other Acts which they own still to be in vigour : But I am affraid my Reader has too much of this . Thus I have shewed , in part , how much our Presbyterian Brethren have Deserted the Rules and Rites of our Reformers about the Sacraments , proceed we now to other Liturgical Offices . 8. Then , our Reformers not only appointed a form for the Celebration of Marriage , ( to be seen in the Old Liturgy ) but in that Form some things agree word for word with the English Form ; Particularly , the charge to the Persons to be Marryed to Declare if they know any impediment , &c. A Solemn Blessing was also appointed , to be pronounced on the Married Persons ; and after that the 128 Psalm to be sung , &c. Besides it was expressly appointed , by the First Book of Discipline , that Marriages should be only Solemnized on Sunday , in the forenoon , after Sermon , Cap. 9. (y) And this was so Universally observed , that the Introduction of Marrying , on other days , is remarkable : For it was proposed to the General Assembly , holden at Edenburg , Iuly 7. Anno 1579 , as a doubt , whither it was Lawful to Marry on week days , a sufficient number being present , and joyning Preaching thereunto ? and the General Assembly Resolved It was Lawful . (z) But Our present Presbyterians , if I mistake not , make it rather a Doubt , whither it be Lawful to Marry on Sunday : Sure I am , it is inconsistent with their principles to do it by a Form : As sure I am , tho' they were for a Form they could not well digest the Form of our Reformers ; which smell'd so rankly of the English Corruptions : I know not if they use , solemnly , to Bless the Married Pair : If they do it not , I know they have Deserted their own Second Book of Discipline . I think they will not deny but the singing of the 128 Psalm in the Church , immediately after the Persons are Married , is out of fashion , with them . 9. They have also forsaken our Reformers in the Burial of the Dead : 'T is true , indeed , the First Book of Discipline seems to be against Funeral Sermons , neither doth it frankly allow of Reading suitable portions of Scripture , and singing Psalms at Burials ; Yet it was far from Condemning these Offices : We are not so precise in this ( say the Compilers ) but that we are content that particular Churches , with Consent of the Minister , do that , which they shall find most fitting , as they will Answer to God , and the Assembly of the Vniversal Church , within this Realm . (a) But the Old Liturgy , which was Authorized by two General Assemblies ( which the First Book of Discipline could never pretend to ) has not only a Form for visiting the Sick ( not observed , I am sure , by our present Presbyterians ) but expressly allows of Funeral Sermons . These are its very words about Burial . The Corps shall be Reverently brought to the Grave , accompanyed with the Congregation , without any further Ceremonies ; which being Buried , the Minister , if he be present , and required , goeth to the Church , if it be not too far off , and maketh some Comfortable Exhortation to the People , touching Death , and the Resurrection ; Then Blesseth the People , and dismisseth them . To our present Presbyterians , Funeral Sermons are as the worshipping of Reliques ; They are every whit as ill as Praying for the Dead , and the Doctrine of Purgatory . One thing more I shall take notice of in the Old Liturgy . It is 10. The Form and Order of the Election of the Superintendent , which may serve , in Election of all other Ministers . I shall not repeat what I have already observed as to this point , concerning our Presbyterians Condemning the Office of Superintendents ; and their forsaking our Reformers , as to the Ceremony of imposition of hands , in Ordinations ; a point wherein our Reformers , I confess , were somewhat unaccountable . That which I take notice of now , is , that that Form continued , at least , for sixty years , to be used in Ordinations : Particularly it was in use , even with the Parity men , Anno 1618 , as is evident from Calderwood , (b) and it was insisted on by them , then , as a Form , which was to be reputed so venerable , and of such weight , that any Recession from it , was ane intollerable innovation : And yet I refer it to our present Presbyterians themselves , if they can say that they have not intirely Deserted it . Because the Designation of the Person to be Ordained is Prior in order of nature to his Ordination ; I shall add as ane Appendage to this Head , the Discrepance between our Reformers and our present Presbyterians , about Patronages and Popular Elections : of Ministers . Our present Presbyterians , every body knows , are zealous for the Divine Right of Popular Elections : The Power of Choosing their own Ministers , The Persons who are to have the charge of their Souls , is a Priviledge which Christ , by his Testament , hath Bequeathed to his People : It is his Legacy to them ; ane unalienable part of their Spiritual Property ; It cannot be taken from them without a Direct crossing of Christs institution , and the horrid sin of Robbing his People of their indisputable Priviledge . Patronages are ane Intollerable Grievance , and Yoak of Bondage on the Church : They have been always the cause of Pestering the Church with a bad Ministery ; They came in amongst the latest Anti-Christian Corruptions and Vsurpations , &c. This is their Doctrine , tho' , 't is obious to all the world , they put strange Comments on it by their Practice : Well! What were the sentiments of our Reformers in this Matter ? The First Book of Discipline , indeed , affirms ( Head 4. ) That it appertaineth to the People and to every several Congregation to Elect their own Minister : But it has not so much as one syllable of the Divine institution of such a Priviledge : On the contrary , in that same very breath , it adds , and in case they be found negligent therein , the space of 40 days , the Superintendent with his Council may present a Man , &c. If this Man after tryal is found qualified , and the Church can justly reprehend nothing in his Life , Doctrine or Utterance , then , We judge ( say our Reformers ) the Church , which , before , was destitute , unreasonable , if they refuse him , whom the Church doth offer ; And that they should be compelled , by the Censure of the Council , and Church , to receive the Person appointed and approved by the Iudgment of the Godly and Learned ; unless that the same Church hath presented a Man better , or as well , Qualified , to Examination , before that the aforesaid tryal was taken of the Person , presented by the Council of the whole Church . As for Example , the Council of the Church presents a Man unto a Church to be their Minister , not knowing that they are otherwise provided ; In the mean time , the Church hath another sufficient , in their judgement , for that charge , whom they present to the Learned Ministers , and next Reformed Church to be examined : In this case , the presentation of the People to whom he should be appointed Pastor , must be preferred to the presentation of the Council or greater Church , unless the Person presented by the inferiour Church be judged unable for the Regiment , by the Learned . For this is always to be avoided , that no man be intruded or thrust in upon any Congregation . But this Liberty , with all care , must be reserved for every several Church , to have their voices and suffrages in Election of their Ministers ; Yet we do not call that violent intrusion , when the Council of the Church , in the fear of God , regarding only the salvation of the People , offereth unto them , a man sufficient to instruct them , whom they shall not be forced to admit before just Examination . So that Book . Add to this , this consideration , That at that time the Popish Clergy were in possession of all the Benefices ; the Reformed Clergy had not , then , so much as the prospect of the Thirds , which I have discoursed of , before : These things laid together , 't is obvious to perceive , 1. That it was only from Prudential Considerations , our Reformers were inclined to give the People so much Power at that time ; It was much for the Conveniency of the Ministers , who were to live by the Benevolence of the Parish , &c. They did not grant them this Power , as of Divine Right ; No such thing so much as once insinuated , as I have said ; 'T was plainly nothing but a Liberty . And no injury , no violence was done to a Parish , even in these circumstances of the Church , when the Council of the Church gave them a Minister without their own Election . 'T is as plain , 2. that ( so far as can be collected from the whole Period above ) our Reformers ( the Compilers of the Book I mean ) abstracting from the , then , circumstances of the Church were more inclined , that the Election of Ministers should be in the hands of the Clergy , than of the People ; Which I am much inclined to think was not only , then , but a long time after , the prevailing sentiment ; And all the world sees , I am sure , it was a sentiment utterly inconsistent with the opinion of the Divine Right of Popular Elections . I have been at pains to set the First Book of Discipline , thus in its due light , that our Brethren may not complain , it was neglected , not that my Cause required it ; For that Book was never Law , either Civil or Ecclesiastical , and so I might fairly have omitted it . Let us try next what were truly the publick and Authoritative sentiments of our Reformers . The first which I find of that nature , is the sentiment of the General Assembly , holden in September 1565. The General Assembly holden in Iune immediately before , had complained , that some vacant Benefices had been bestowed by the Queen , on some Noblemen and Barons . (c) The Queen answered , She thought it not Reasonable to deprive her of the Patronages belonging to her : And this General Assembly in September answer thus : Our mind is not that her Majesty , or any other Person , should be defrauded of their just Patronages , but we mean , whensoever her Majesty , or any other Patron , do present any Person , unto a Benefice , that the Person presented should be tryed and examined , by the judgement of Learned Men of the Church ; Such as are , for the present , the Superintendents : And as the presentation of the Benefice belongs to the Patron , so the Collation , by Law and Reason , belongeth to the Church . (d) Agreeably , we find , by the 7 Act 1 Parl. Iac. 6. Anno 1567. ( The Parliament holden by Murray Regent ) It was enacted ( in pursuance ( no doubt ) of the Agreement between the Nobility and Barons , and the Clergy in the General Assembly , holden in Iuly that year ) That the Patron should present a qualified Person , within six Months , to the Superintendent of these parts , where the Benefice lyes , &c. And by the Agreement at Leith , Anno 1572 , the Right of Patronages was reserved to the Respective Patrons . (e) And by the General Assembly holden in March 1574 , it was enacted that collations upon presentations to Benefices should not be given without consent of three qualified Ministers , &c. (f) The General Assembly in August that same year , supplicated the Regent that Bishops might be presented to vacant Bishopricks , as I have observed before . By the General Assembly holden in October 1578 , It was enacted , that presentations to benefices be directed to the Commissioners of the Countreys where the Benefice lyes . (g) 'T is true , indeed , the Second Book of Discipline , Cap. 12. § . 10. Condemns Patronages , as having no ground in the word of God ; as contrary to the same ; and as contrary to the Liberty of Election of Pastors , and that which ought not to have place in the Light of Reformation . (h) But then 't is as true ; 1. That that same General Assembly , holden in April 1581 , which first Ratified this Second Book of Discipline , Statuted and Ordained , That Laick Patronages should remain whole unjoynted , and undivided , unless with consent of the Patron . (i) So that , let them , who can , reconcile the Acts of this Presbyterian Assembly . For to my skill ( which I confess is not very great ) it seems , as we use to say , to have both burnt and blown Patronages ; blown them by this Act , and burnt them by Ratifying the Book which Condemn'd them . But whatever is of this , that which I observe 2. is far more considerable ; For tho' the Book Condemned Patronages , yet our Presbyterian Brethren , of the Modern Cut , have no great advantage by it , for it had nothing less in its prospect , than to Condemn them , for making way for Popular Elections . Indeed it gave no countenance to such Elections , far less did it suppose or assert them to be of Divine Right . This is its Determination in the 9 th § of that 12. Cap. The Liberty of Electing Persons to Ecclesiastical Functions , observed without interruptions , so long as the Church was not corrupted by Anti-Christ , we desire to be restored and retained within this Realm ; So as none be intruded upon any Congregation , either by the Prince , or any other inferior Person , WITHOUT LAWFUL ELECTION , and THE ASSENT OF THE PEOPLE , over whom the Person is placed , according to the Practice of the Apostolick and Primitive Church . Now , 1. considering that it was the common talk , of the Presbyterians , of these times , that Antichristian Corruptions , began to pester the Church , so soon as Episcopacy was introduced , It is clear , that that which they call the Vninterrupted Practice of the Church , must have descended , according to themselves but for a very few years : and I shall own my self their humble servant , if our present Presbyterians shall prove that Popular Elections were in Vniversal uninterrupted Practice , during that interval , of their own making ; the interval , I mean which they make between the Apostles times , and the first Introduction of Episcopacy . Indeed , 2. the Book plainly distinguishes between LAWFUL ELECTION , and THE ASSENT OF THE PEOPLE , and all the world knows they are naturally distinguishable ; and whosoever knows any thing of the Monuments of these Primitive times , knows they were actually distinguished ; and that all the Peoples Priviledge was to ASSENT , not , to ELECT ; They were not in use of Electing , if I mistake not , till towards the end of the third Century : So that , if we can believe the Compilers of the Book ; if they were for restoring the Primitive Practice ; 't is easy to understand that they meant no such thing as to restore Popular Elections . Especially , if 3. it be considered that we have one very Authentick Explication of this 9 th Article of the 12. Cap. of the Second Book of Discipline , handed down to us by Calderwood himself . (k) The story is this . King Iames the Sixth , continually vext with the Turbulency of the Presbyterian temper , caused publish 55 Questions , and proposed them to be sifted , thinking that clear and distinct Resolutions of them , might contribute much for ending many Controversies , agitated , in those times , between the Kirk and the Crown . They were published in February , or Ianuary 159● . They are to be seen both in Spotswoods (l) and Calderwoods Histories . I am only concerned , at present , for the third Question , which was this , Is not the Consent of the most part of the Flock , and also of the Patrons necessary in the Election of Pastors ? Now , Calderwood says , that there were Brethren delegated from every Presbytery of Fife , who met at St. Andrews upon the 21. of February , and , having tossed the Kings Questions , sundrie days , gave Answers to every one of them , particularly , to the third , this was their Answer , The Election of Pastors should be made by those , who are Pastors , and Doctors Lawfully called , and who can try the Gifts , necessarily belonging to Pastors , by the word of God : And to such as are so chosen , the Flock and Patron should give their Consent and Protection . (m) Now this , I say , is a very Authentick Explication of the words of the Book , for these Delegates Meeting at St. Andrews , it is not to be doubted , but Mr. Andrew Melvil , at that time , principal of the New College , was with them , probably they met , in that City , that he might be with them ; for sure I am , it was not otherwise the most convenient place of the County for their Meeting : And having him with them , they had one , than whom , none on earth was capable of giving a more Authentick Sense of the words of the Book . It were very easy to adduce more Acts of General Assemblies to this purpose : But I am affraid I have insisted too much on this subject already : In short then , the Groundless Fancy of the Divine Right of Popular Elections , is more properly ane Independent than a Presbyterian principle . The English Presbyterians of the Provincial Assembly of London , wrote zealously against it , in their Ius Divinum Ministerii Evangelici : It is truly inconsistent with the Old Presbyterian Scheme ; It obtain'd not generally amongst our Scottish Presbyterians till some years after 1638. It was not adopted into their Scheme till the General Assembly 1649. Patronages were never taken away by Act of Parliament till of late , i. e in the year 1690. 'T is true G. R. in his True Rrepresentation of Presbyterian Government , (n) says , they were taken away by Law , meaning , no doubt , by the Act of the pretended Parliament , Anno 1649. But he had just as much Reason for calling that Rout , a Parliament , or its Acts , Laws , as he had for making the suppressing of Popular Elections of Ministers , a just Cause for separating from the Communion of a Church . Thus I have insisted on the Recessions of our present Presbyterian Brethren from the sentiments of our Reformers about the publick worship of the Church and some of its Appendages ; Perchance I have done it too tediously ; if so , I shall endeavour to dispatch what remains , more curtly . III. They have also Deserted our Reformers in the Discipline of the Church ; The particulars are too numerous to be insisted on ; Let any man compare the two Books of Discipline ; The First compiled by our Reformers , Anno 1560 ; The Second , by the Presbyterians of the first Edition , and Ratified by Act of the General Assembly , holden in April 1581 , and he shall find no scarcity of differences ; He shall find Alterations , Innovations , Oppositions , Contradictions , &c. Let him compare the Acts of Assemblies after the year 1580 , with the Acts of Assemblies , before , and he shall find many more . Indeed , Our present Presbyterians have made not a few notorious Recessions from the Second , The Presbyterian Book of Discipline . To instance in a few . The Third Chapter of the Second Book of Discipline is thus Intituled , How the Persons that bear Ecclesiastical Function , are admitted to their Offices . This Chap. treats of such Persons in the general ; The particular Orders of Pastors , Doctors , Elders , &c. are particularly treated of , in subsequent Chapter● . This Third Chapter treating , thus , of Ecclesiastical Officers in the general , makes two things necessary to the outward call , Election and Ordination , § 6. It defines ordination to be the separation and sanctifying of the Person appointed by God , and his Church , after that he is well tryed and found qualified . It ennumerates Fasting , Prayer , and imposition of hands of the Eldership , as the Ceremonies of Ordination , § 11 , 12. Now the whole Nation knows , no such thing as either Tryal , Fasting , or imposition of hands , are used by our present Presbyterians in the Ordination of Ruling Elders . The Sixth Chapter is particularly concerning Ruling Elders , as contra-distinct from Pastors or Teaching Elders . And it determines thus , concerning them , § . 3. Elders once Lawfully called to the Office , and having Gifts of God fit to exercise the same , may not leave it again : Yet nothing more ordinary with our present Presbyterians , than laying aside Ruling Elders , and reducing them to a state of Laicks ; So that , Sure I am , if ever they were Presbyters , they come under Tertullians Censure ( De Praescrip . ) Hodie Presbyter , qui cras Laicus . A Presbyter to day , and a Porter to morrow . By the 9 th § . of that same Chapter , It pertains to them ( these Ruling Elders ) to assist the Pastor in examining those that come to the Lords Table , and in visiting the Sick. This Canon is not much in use , I think , as to the last part of it ; as to the first , it is intirely indesuetude . Indeed some of them would be wondrously qualified for such ane Office . The Seventh Chapter is about Elderships and Assemblies . By § 2. Assemblies are of four sorts , viz. either of a particular Congregation , or of a Province , or a whole Nation , or all Christian Nations . Now of all these indefinitely it is affirmed , § . 5. In all Assemblies a Moderator should be chosen by common consent of the whole Brethren conveened ; Yet no such thing observed in our Kirk-Sessions , which are the Congregational Assemblies spoken of § 2. But Ma● Iohn takes the Chair without Election ; and would not be a little grated if the best Laird in the Parish should be his Competitor . Crawford himself , the First Earl of the Kingdome , had never the Honour to be Moderator in the Kirk Session of Ceres . The 14 th Canon , in the same 7 th Chapter is this , When we speak of Elders of particular Congregations , we mean not that every particular Parish Church can , or MAY have their particular Elderships , especially to Landward , but we think three or four , more , or fewer particular Churches may have a common Eldership to them all , to judge their Ecclesiastical Causes . And Chapter 12. Canon 5. As to Elders , there would be in every Congregation , one , or more , appointed for censuring of manners , but not ane Assembly of Elders , except in Towns and Famous Places , where men of Iudgement and Ability may be had : And these to have a common Eldership placed amongst them , to treat of all things that concern the Congregations of whom they have the Oversight . But as the world goes now , every Parish , even in the Country , must have its own Eldership ; and this Eldership must consist of such a number of the Sincerer sort , as may be able to out-vote all the Malignant Heritors , upon occasion ; as when a Minister is to be chosen , &c. So long as there is a precise Plough-man , or a well-affected Webster , or a covenanted Cobbler , or so , to be found in the Parish , such a number must not be wanting . The standing of the Sect is the Supreme Law : The good cause must not suffer , tho' all the Canons of the Kirk should be put to shift for themselves . IV. The last thing I named , as that , wherein our present Presbyterians have forsaken the principles and sentiments of our Reformers , was the Government of the Church : But I have treated so fully of this , already , that 't is needless to pursue it any farther . I shall only therefore , as ane Appendage to this , represent one very considerable Right of the Church , adhered to by our Reformers , but disclaim'd by our present Presbyterians . It is , her being the First of the three Estates of Parliament , and having vote in that great Council of the Nation . It is evident from the most Ancient Records , and all the Authentick Monuments of the Nation , That the Church made still the First , of the Three Estates , in Scottish Parliaments , since there were Parliaments in Scotland . This had obtained , time out of mind , and was lookt upon as Fundamental , in the Constitution of Parliaments , in the days of the Reformation . Our Reformers never so much as once dream'd , that this was a Popish Corruption : What Sophistry can make it such ? They dream'd as little of its being unseemly or scandalous , or incongruous , or inconvenient , or whatever , now adays , men are pleas'd to call it . On the contrary , they were clear for its continuance , as a very important Right of the Church . The First Book if Discipline , Head 8 th , allowed Clergy-men to Assist the Parliament when the same is called . 'T is true Calderwood both Corrupts the Text , here , and gives it a false Gloss. Instead of these words [ when the same is called , ] he puts these [ if he be called , ] (o) and his Gloss is , Meaning with advice , ( says he ) not by voice , or sitting as a Member of that Court. I say this is a false Gloss. Indeed , it runs quite counter to all the principles and practices of these times : For not only did the Ecclesiastical Estate sit , actually , in the Reforming Parliament , Anno 1560 , and all Parliaments , thereafter , for very many years ; But such stress , in these times , was laid on this Estate , that it was generally thought , that nothing of publick concern could be Legally done without it : The Counsel of the Ecclesiastick Peers was judged necessary in all matters of National Importance . Thus Anno 1567. when the Match was on foot , between the Queen and Bothwell , that it might seem to be concluded with the greater Authority , pains were taken to get the consent of the principal Nobility , by their susbcriptions . But this was not all ; that all might be made as sure as could be , All the Bishops , who were in the City , were also Convocated , and their subscriptions required , as Buchanan tells us . And Anno 1568. when the Accusation was intented against the Queen of Scotland , before the Queen of England's Arbitrators , that it might be done with the greater appearance of the Consent of the Nation ; That it might have the greater semblance of a National Deed , as being a matter wherein all Estates were concerned , the Bishop of Orkney , and the Abbot of Dunfermline were appointed to represent the Spiritual Estate . (p) Again , Anno 1571. when the two Counter Parliaments were holden at Edenburg , those of the Queens Faction , as few as they were , had the Votes of two Bishops in their Session holden Iuly 12 , as is clear from Buchanan and Spotswood compared together . (q) In their next Session , which was holden at Edenburg , August 22 , that same year , tho' they were , in all , but five Members , yet two of them were Bishops , as Spotswood tells . (r) But Buchanan's account is more considerable (s) For he says , one of these two was there unwillingly , so that it seems he was forced by the rest to be there , out of a sense they had of the Necessity of the Ecclesiastical Estate . Now 't is to be Remembred that those who appeared for the Queen , were Protestants as well as these who were for her Son. No Man , I think , will deny but the subsistence of the Ecclesiastical Estate , and their Vote in Parliament was confirmed and continued by the Agreement of Leith , Anno 1572. Indeed , When the Project for Parity amongst the Officers of the Church was set on Foot by Melvil , Anno 1575 , and some of the Clergy were gained to his side , and they were using their utmost endeavours to have Episcopacy overturned , it seems this was a main difficulty to them , a difficulty which did very much entangle and retard their purpose ; This , I say , that the overturning Prelacy , was the overturning one of the three Estates of Parliament . This is evident not only from Boyd , Arch Bishop of Glasgow , his Discourse , to the General Assembly , Anno 1576. mentioned before , but also from the two Letters I have often named which were written to Mr. Beza : the one by the Lord Glamis , Anno 1576 , or 1577 , the other by Mr. Melvil , Anno 1579. Because they contribute so much light to the matter in hand , I shall once more resume them . Glamis was then Chancellor of Scotland ; It is manifest he wrote not indeliberately , or without advice : Undoubtedly he stated the Question , according to the sense , the Generality of People had , then , of it ; Now he states it thus . Seeing every Church hath its own Pastor , and the Power of Pastors in the Church of Christ seems to be equal ; The Question is whither the Office of Bishops be Necessary in the Church , for convocating these Pastors , when there is need ; for Ordaining Pastors , and for Deposing them for just Causes ? Or whither it be better , that the Pastors Acting in Parity , and subject to no Superiour Bishop , should choose Qualified Men , for the Ministery , with consent of the Patron , and the People ; and Censure , and Depose , & c. ? For Retaining Bishops we have these two Motives ; One is , the stubbornenss and ungovernableness of the People , which cannot possibly be kept within Bounds † if they are not over-awed by the Authority of these Bishops , in their visitations . The other is , that such is the constitution of the Monarchy * which hath obtain'd time out of mind , that as often as the Parliament meets , for consulting about things pertaining to the safety of the Republick , nothing can be determined without the Bishops , who make the Third Estate of the Kingdom , which , to change or subvert , would be extremely perilous to the Kingdom . So he , from which we may learn two things : The First is , a farther confirmation of what I have before asserted to have been the sentiment of these times concerning the Election of Pastors , namely that it was , that they should be Elected by the Clergy , and that the People should have no other Power than that of Consenting : The other is pat in Relation to our present business , namely , that the Ecclesiastical Estate was judged Necessary , by the constitution of the Monarchy ; It could not be wanting in Parliaments : It was to run the hazard of subverting the constitution , to think of altering it or turning it out of doors . And Melvil's Letter is clearly to the same purpose : We have not ceased these five years to fight against Pseudepiscopacy ( many of the Nobility resisting us ) and to press the severity of Discipline : We have presented unto his Royal Majesty , and three Estates of the Realm , both before , and now , in this Parliament , the form of Discipline , to be insert amongst the Acts , and to be confirmed by publick Authority : We have the Kings mind bended towards us , ( too far said , I am sure , if we may take that Kings own word for it ) but many of the Peers against us : For they alledge , if Pseudepiscopacy be taken away , one of the Estates is pulled down : If Presbyteries be erected , the Royal Majesty is diminished , &c. 'T is true , Melvil himself , here , shews no great kindness for the third Estate : But that 's no great matter ; It was his humor to be singular ; All I am concerned for , is the publick sentiment of the Nation ; especially the Nobility , which we have so plain , for the Necessity of the Ecclesiastical Estate , that nothing can be plainer . Nay . So indisputable was it , then , that this Ecclesiastical Estate was absolutely necessary by the constitution , that the Presbyterians themselves never called it in Question , never offered to advance such a Paradox as that , it might be abolished : After they had abolished Episcopacy by their Assembly 1580 , the King sent several times to them , telling them , He could not want one of his three Estates . How would they provide him with ane Ecclesiastical Estate , now that they had abolished Bishops ? Whoso pleases to Read Calderwood himself shall find this point frequently insisted on . What returns gave they ? Did they ever in the least offer to return that the having ane Ecclesiastical Estate in Parliament was a Popish Corruption ? That it was ane unwarrantable constitution ? That it was not Necessary ? Or that the constitution might be i●●ire enough without it ? No such thing entered their thoughts ; On the contrary , they were still clear for maintaining it ; They had no inclination to part with such a valuable Right of the Church ; Their Answer to the Kings Demands was still , one and the same ; They were not against Churchmens having vote in Parliament ; But none ought to vote in name of the Church without Commission from the Church . And this their sentiment they put in the very Second Book of Discipline , for these are word for word the seventeenth and eighteenth Articles of the eleventh Chapter . 17. We deny not in the mean time that Ministers MAY and SHOVLD assist their Princes when they are required , in all things agreeable to the word of God , whither it be in Council or Parliament , or out of Council ; Providing always they neither neglect their own charges , nor , through slattery of Princes , hurt the publick Estate of the Kirk . 18. But generally we say , that no Pastor under whatso●ver Title of the Kirk , and specially the abused Titles in Popery , of Prelates , Chapters and Convents , ought to attempt any thing , in the Churches name , either in Parliament , or out of Council , without the Commission , of the Reformed Kirk within this Realm . (t) And It was concluded in the Assembly holden at Dundee , March 7. 1598. That it was NECESSARY and EXPEDIENT for the well of the Kirk , that the Ministery as the third Estate of this Realm , in name of the Church , have vote in Parliament . (u) So indubitable was it in these times , that the Ecclesiastical Estate was necessary , and that it could not be wanting without the notorious subversion of the constitution of Parliaments . Indeed , it was not only the sentiment of General Assemblies , whatever side , whither the Prelatical or the Presbyterian prevailed , but it was likewise the sentiment of all Parliaments : It were easy to amass a great many Acts of a great many Parliaments to this purpose : I shall only instance in a few . Thus The eight Act Parl. 1. Iac. 6. holden in Decemb. 1567 , appoints the Coronation Oath to be sworn by the King : And it is one of the Articles of that Oath , That he shall Rule the People committed to his Charge — according to the loveable Laws and Constitutions received in this Realm , no wise repugnant to the word of the Eternal God. Now , I think , this Parliament made no Question , but that the Fundamental Law of the Constitution of Parliaments , was one of these Loveable Laws and Constitutions , received in this Realm , no wise repugnant to the word of the Eternal God. Indeed The 24 th Act of that same Parliament is this , word for word ; Our Soveraign Lord , with advice and consent of his Regent , and the three Estates of Parliament , has Ratified , and Ratifies , all Civil Priviledges granted and given by our Soveraign Lords Predecessors to the Spiritual Estate of this Realm in all points , after the form and tenor thereof . Than which there cannot be a more Authentick Commentary , for finding the true sense and meaning of the Coronation Oath , in Relation to our present purpose : I shall only adduce two more , but they are such two as are as good as two thousand . The 130 th Act Parl. 8. Iac. 6. Anno 1584 , is this word for word ; The Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament , continued , past all memory of Man , unto these days , as constitute upon the free votes of the three Estates of this Ancient Kingdom ; By whom the same , under God , has , ever , been upholden ; Rebellious and Traiterous Subjects punished ; the good and faithful preserved , and maintained ; and the Laws and Acts of Parliament ( by which all men are Govern'd ) made and Established ; and finding the Power , Dignity , and Authority of the said Court of Parliament , of late years , called in some doubt , at least , some ( such as Mr. Andrew Melvil , &c. ) curiously travelling to have introduced some Innovations thereanent ; His Majesties firm will and mind , always being , as it is yet ; that the Honour , Authority and Dignity of his saids three Estates shall stand and continue in their own integrity , according to the Ancient and Loveable custome by-gone , without any alteration or diminution : THEREFORE , it is Statuted and Ordained by our Soveraign Lord , and his said three Estates , in this present Parliament , that none of his Leiges and Subjects , presume or take upon hand to impugne the Dignity , and the Authority of the said three Estates ; or to seek or procure the Innovation or Diminution , of the Power and Authority of the same three Estates , or any of them , in time coming , under the pain of Treason . Here I think the necessity of the three Estates , whereof , the Ecclesiastical was ever reckoned the first , is asserted pretty fairly . Neither is this Act , so far as I know , formally repealed by any subsequent Act : And whosoever knows any thing of the History of these times , cannot but know that it was to crush the Designs set on foot , then , by some , for innovating about the Spiritual Estate , that this Act was formed . The other which I promised , is , Act 2. Parl. 18. Iac. 6. holden Anno 1606. Intituled Act anent the Restitution of the Estate of Bishops . In the Preamble of which Act we are told , That of late , during his Majesties young years , and unsetled Estate , the Ancient and FUNDAMENTAL Policy , consisting in the Maintainance of the THREE ESTATES of Parliament , has been greatly impaired , and almost subverted ; Specially by the Indirect Abolishing of the Estate of Bishops , by the Act of Annexation of the Temporality of Benefices to the Crown — That the said Estate of Bishops is Necessary Estate of the Parliament , &c. Such were the Sentiments of these times ▪ So Essential was the Ecclesiastical Estate deem'd in the Constitution of Scottish Parliaments . And no wonder : For no man can doubt , but it was as early , as positively , as incontestedly , as fundamentally and unalterably in the constitution , as either the Estate of Nobles , or the Estate of Burrows . There is no Question , I think , about the Burrows : As for the Estate of Nobles , 't is certain all Barons were still reckoned of the Nobless : The lesser Barons in Ancient times , were still reckoned a part of the Second , never a distinct Estate of Parliament ; and they must quit all pretensions to be of the Nobless , when they set up for a distinct Estate : Setting up for such , they are no more of the Nobility , than the Burrows . And then , If two Estates can vote out one , and make a Parliament without it ; If they can split one into two , and so make up the three Estates : Why may not one split it self as well into three ? Why may not the two parts of the splitted Estate joyn together and vote out the Estate of Burrows ? Why may not the Nobility of the First Magnitude joyn with the Burrows to vote out the smaller Barons ? Why may not the smaller Barons and the Burrows vote out the greater Nobility ? After two have voted out one , why may not one , the more numerous , vote out the other , the less numerous ? When the Parliament is reduced to one Estate why may not that one divide and one half vote out the other ? And then subdivide and vote out , till the whole Parliament shall consist of the Commissioner for Rutherglen , or the Laird of or the Earl of Crawford ? Nay why may not that one vote cut himself and leave the King without a Parliament ? What a dangerous thing is it to shake Foundations ? How doth it unhinge all things ? How plainly doth it pave the way for that which our Brethren pretend to abhor so much , viz. a Despotick Power , ane Absolute , and unlimited Monarchy ? But enough of this . To conclude this point ; there 's nothing more notorious than that the Spiritual Estate was still judged Fundamental in the Constitution of Parliaments , was still called to Parliaments , did still Sit , Deliberate , and Vote in Parliaments till the year 1640 , that it was turned out by the , then , Presbyterians : And our present Presbyterians following their footsteps , have not only freely parted with , but forwardly rejected , that Ancient and valuable Right of the Church : Nay , they have not only rejected it , but they declaim constantly against it as a Limb of Antichrist and what not ? And have they not , herein , manifestly Deserted the undoubted principles and sentiments of our Reformers ? It had been easy to have ennumerated a great many more of their notorious Recessions from the principles of the Reformation : e. g. I might have insisted on their Deserting the principles and practices of our Reformers about the Constitution of General Assemblies ; about Communion with the Church of England ; about the Civil Magistrates Power in Church Matters ( justly or unjustly is not the present Question ) and many more things of considerable importance . Nay , which at first sight may seem a little strange , as much as they may seem to have swallowed down the principles of Rebellion and Arm'd Resistances against Lawful Soveraign Princes , maintain'd by our Reformers , yet even herein , there is difference ; Considerable difference . Our Reformers , as much as they were inclined to Rebel against Kings , did yet maintain that they held their Crowns immediately of God. Iohn Knox in his Sermon preached on the 19 th of August 1565 , and afterwards published , hath this plain position , That it is neither birth , Influence of Stars , ELECTION OF PEOPLE , Force of Arms , nor , finally , whatsoever can be comprehended under the Power of nature , that maketh the distinction between the Superiour Power , and the Inferior , or that doth Establish the Royal Throne of Kings ; But it is the only and perfect Ordinance of God , who willeth his Terror , Power and Majesty , in a part , to shine in the Thrones of Kings and in the Faces of Iudges , &c. Neither was this only his private sentiment . The 24 th Article of the Confession of Faith , compiled by our Reformers , and Ratified by Act of Parliament , is every whit as plain and Decretory ; For there , They Profess to believe that Empires , Kingdoms , Dominions and Cities are Distincted and Ordained by God : That the Powers and Authorities therein , are Gods Holy Ordinance ; That Persons placed in Authority are to be Loved , Honoured , Feared , and holden in most Reverend Estimation , because , they are Gods Lieutenants , in whose Session God sits , as Iudge ; to whom , by God , is given the Sword , &c. That therefore whosoever deny unto Kings , their Aid , Counsel , or Comfort , while they vigilantly , travel in the executing of their Office , they deny their help , support and Counsel to God , who , by the presence of his Lieutenant , craveth it of them . So it was professed by our Reformers : How this principle could consist with their practices , is none of my present concerns . That is no more than to shew how our Presbyterian Brethren have deserted them in this matter : Now Our Presbyterian Brethren make Kings , as such , not Gods , but the Peoples creatures , by consequence , not Gods , but the Peoples Lieutenants ; The People sets them on their Thrones ; They have their Power from the People ; They are the Peoples Trustees ; They are accountable to the People ; So that whosoever denys his Aid , Counsel or Comfort to them , while they vigilantly travel in executing their Office , in true Logick can be said to deny them only to the People . Even here then there is this great difference , our Reformers maintain'd one good principle in Relation to Soveraign Powers : Our present Presbyterians have even rejected that one good principle . 'T is true indeed , our Reformers seem to have been inconsequential in substituting Rebellious practices in the retinue of ane Orthodox principle ; And our Presbyterian Brethren seem to be consequential in having their principle and their practice of a piece ; But doth this mend the matter ? Nothing , as I take it ; for all ends here , That our Reformers believed Right , tho they practiced Wrong . But our Presbyterian Brethren are altogether Wrong ; They neither believe , nor practice Right . Thus , I say , it had been no difficult task to have instanced in many more of our Presbyterian Innovations ; But the taste I have given , I think , is sufficient for my purpose ; For laying together so many undeniable Innovations , so many palpable and notorious Recessions from the principles and practices of our Reformers , as I have adduced ; and these in so weighty and important matters , as the Doctrine , Worship , Discipline , Government , and Rights of the Church , I may fairly leave it to the world , to judge , if our Brethren have just reason to insist so much upon the principles of our Reformation , or to entitle themselves ( as , on all occasions they are so sollicitous and forward to do ) the only Real and Genuine Successors of our Reformers . Neither is this all that may justly pinch them . They have not only Receded from our Scottish Reformers , but from all other Reformed Churches . What Reformed Church in Christendom maintains all the Articles of the Westminster Confession ? What Reformed Church requires the profession of so many Articles , not mainly for Peace and Vnity , but as a Test of Orthodoxy ? What Reformed Church , except our Kirk , maintains the Divine Institution of Parity among the Pastors of the Church , so , as to make all kind of Prelacy simply unlawful ? What Reformed Church , except the Scottish , wants a Liturgy ? What Party in Europe that assumes the name of a National Church , Condemns Liturgies , set Forms of Prayer , &c. as Vnlawful , except Scottish Presbyterians ? What Transmarine Reformed Church , that is not Lutheran , Condemns the Communion of the Church of England ? What Reformed Church maintains the Divine institution and the Indispensible Necessity of Ruling Elders in contradistinction to Pastors ? What Reformed Church maintains the Divine institution and the unalienable Right of Popular Elections of Pastors ? What Reformed Church ever offered to maintain that the Government of the Church , by Bishops , or a publick Liturgy , or want of Ruling Elders , distinct from Pastors ; or choosing Pastors , otherwise , than by the voices of the People , or using some innocent and unforbidden Ceremonies , as circumstances or Appendages of Divine worship , or observing some days besides Sundays , were sufficient grounds for breaking the Peace of a Church , and dividing her Unity , and setting up Altar against Altar ? What Reformed Church was ever Bound by her Rules and Canons to require of all such as she admitted to the participation of the Lords Supper , the Subscription of such terms as are contained in the Solemn League and Covenant ? What Reformed Church doth not satisfy her self with the Profession of the Faith contain'd in the Apostles Creed at Baptism ? What Reformed Church requires the Profession of such a vast , such a numberless number of Articles and Propositions as are contained in the Westminster Confession , and the larger and shorter Catechisms , of all those , whom they receive into the Catholick Church ? What is this less , than to make all these Propositions Necessary terms of their Communion ? And how impossible is it , at this Rate , ever to think of a Catholick Communion among Christians ? Is not this , needlessly , and , by consequence , very Criminally and Vnchristianly , to lay a Fund for unavoidable , unextinguishable and everlasting Schisms ? Neither yet is this all the Misery : For Considering the Measures our Brethren steer by , there is little ground to hope that they shall ever turn weary of Innovating . The first Brood of Presbyterians , the old Melvilians , inverted ( as I have told ) almost the whole Scheme of our Reformers : The next Birth , the thirty-eight-men , made innumerable Recessions from their Progenitors , the Melvilians : The present Production have forsaken most of the Measures of the thirty-eight-men : And what hopes of their fixing ? When shall it be proper for them to say , we have done innovating ? Hitherto we have innovated , but we will innovate no farther ? How dreadful a thing is it for men to give loose Reins to the Spirit of Innovation ! But I shall not pursue this farther : I know the temper of our Brethren ; 't is but too too probable , they may impute it to Malice or Revenge , or ane imbittered Spirit , to some ill thing or another , that I have pursued this matter so far ; But if they shall , I pray , God forgive them , for they are injurious to me . The principle which prompted me to represent these things , was truly , that of Fraternal Correption . My main Design was to soften , not irritate them ; not to exasperate them , but to bring them to a more Manageable and Considering temper . For I can , and do , sincerely , protest , that it is daily the earnest desire of my Soul , that all men may be saved and come to the knowledge of the Truth . I wish all Men Christians , and I wish all Christians , Christians Indeed ; In a special manner I wish our Presbyterian Brethren , and we , may , yet , be so much Honoured and blessed of God , that in the sincerity of Brotherly kindness , we may be all Vnited in one Holy Communion . I wish we may all earnestly contend , with all Christian forbearance , fellow-feeling , and Charity , as becometh the members of the one Church , whereof Christ Iesus is the Head , to have the poor , divided desolated Church of Scotland restored to that Peace , Purity and Unity , That Order , Government and Stability , which our Blessed Master hath instituted and commanded . May Almighty God inspire us all with the Spirit of his Son , that our hearts being purified by ane Humble and a Lively Faith , the Faith that worketh by Love , and our Lives Reformed according to the Laws and great purposes of our Holy Religion , we may be all unanimously and dutifully disposed , for so Great , so Glorious , so Desireable a Mercy . And with this I end this Fifth Enquiry . And now , I think , I have competently answered the ends of my undertaking , which was to Examine this Article of our new Claim of Right , and try its firmness and solidity . I think , I have comprized , in these five Enquiries , every thing that is material in it , considered , either in it self , or as it supports the great alterations have been , lately , made in the Church of Scotland . It might have been more narrowly sifted ; and sifted more narrowly it might have been found lyable to many more exceptions . For instance , 1. It may seem somewhat surprizing that such ane Article should have been put into a Scottish Claim of Right ; That it should have been made so seemingly Fundamental , at least , in the Constitution of the Scottish Monarchy , which is so famous and has been so much renowned for its Antiquity . Was ever such ane Article in a Scottish Claim of Right before ? No Man , I think , will say it was in the Original Contract made with Fergus the First ( if any Original Contract was made with him ) for if he was , he was advanced to the Throne , 330 years before our Saviours Birth , if we may believe our Historians : And , I think , it was not ane Article in the Original Contract , then that the Christian Church should be so or so Governed . Few men , I think , will say , it was part of the Original Contract made with any Scottish King before the Reformation . No man can produce any such Article in any Original Contract , made with King Iames the Sixth , King Charles the First , or King Charles the Second , unless it was the Solemn League and Covenant , or the Act of the West Kirk . It cannot be said that it was in any Original Contract , made with King Iames the Seventh , for all the Nation knows it was Declared by the Meeting of Estates , that he forfeited his Right to the Crown for having made no Original Contracts . These are all the real or pretended Kings we have had since the Reformation , till the late Revolution . Is not this Article , therefore , a New Fundamental , added to the Constitution of the Ancient Scottish Monarchy ? This is all upon the supposition that it is , truly , a part of our new Claim of Right . Tho' indeed , 2. It may be made a Question , whither it can be justly called a part of the Claim of Right ? It is very possible for one thing to be in another without being part of that other . And one would think , this Article lookt very unlike a part of a Claim of Right : It seems not to run in the stile that is proper for Claims of Right : 'T is certain , it runs not in the stile of the rest of the Articles . All the rest of the Articles tell us either what is contrary to Law , or what are the undoubted Rights of the People : This Article imports nothing like either the one or the other . It only Declares Prelacy to be a Grievance , &c. This doth not say that it was contrary to Law : For Laws themselves may be , and actually were Declared to be Grievances by the Meeting of Estates , in another paper ; And the Articles Declaring that Prelacy ought to be Abolished , is ane Argument that it subsisted by Law , and it was abolished as subsisting by Law , for the Act which abolished it Repealed the Laws by which it subsisted . Neither is Prelacy declared by the Article to be contrary to the Rights , but only to the Inclinations of the People ; and I think , it requires no Depth of Metaphysical precision to distinguish between Rights and Inclinations . Indeed , it seems obvious to any body that this Article had had its situation more properly and naturally amongst the Grievances , which were digested in another paper ; and therefore , I say , being only praeternaturally , and by apparent force , thrust into the Claim of Right , it may be made a Question , whither its being , so , there , be enough to make it part of the Claim of Right ? Or whither its nature should not be regarded rather than its post . And , it should be constructed to have no more weight than if it had been Regularly ranked in its own Category ? But such Questions are too hard for me , and more proper for Lawyers to determine . Neither shall I meddle 3. With many other obvious difficulties which must necessarily result from this Article , being made truly a part of the Original Contract , between King and People ; Such as its making the settlement of the Crown to depend , not on Right of Inheritance , or Proximity of Blood , or any such Ancient , Legal , Solid , Hereditary Title , but on the , every day , changeable Inclinations of the People , for these are the main fund of the Article , and by the supposition , the Article is intrinsecal and fundamental to the present settlement . This , I say , ( and many more such , which might be easily named ) seems a very considerable difficulty that might be urged on such a supposition : But I shall not insist on them . Farther , 4. Besides all these Awkward exceptions , whither it is , or is not , a part of the Claim of Right , the stile of it might deserve to be considered : Particularly , that Phrase , of Prelacy's being a great and insupportable Grievance and Trouble to the Nation . 'T is true I have in my Third Enquiry , guessed at its meaning ; But I do sincerely acknowledge it was but guessing ; and even yet , I can do no more but guess about it . Doth it not , at first sight , appear a little too big and swelling ? Is it not hard to find , for it , a certain and determined sound ? To call a thing a great and insupportable Grievance and Trouble , seems a little too flashy and fanciful . Is it not liker to the flights of the Rhetoricians design'd for popular amusement , than to the plain , solid significant stile which is proper for the Grand Council of a Nation ? For Original-Contract , and Claim-of Right-makers ? 5. Seeing , 't is plain , the Article was formed for the abolition of Prelacy , and the Introduction of Presbytery , it seems a little strange , that such ane important Revolution , in the Church , should have been founded on such Vntheological Reasons . It seems to lye at the bottom of this Article , that the Government of the Church is Ambulatory and Indifferent ; That there is nothing of Divine Institution about it ; that the State may alter it when it pleases ; and , as it thinks expedient , set up , Alternatively , either Prelacy or Parity , or neither , but plain Erastianism , if it has a mind for it . These are suppositions , which , I think , ought not to be very relishing even to our Presbyterian Brethren : Tho hitherto they only have got advantage by the Article , yet it seems not honourable for their Government , to stand on such a foot , nor can they be secure but that it may be very soon turn'd down again . Tho' , in consequence of this , 6. By G. R's Measures , the Framers of the Article , were incapable of Voting about the Establishment of any Form of Government in the Church : For they proceeded in voting this Article , clearly upon the principles of Indifferency . But according to him as I have already observed , such , tho' they may be persons both Religious and Learned , are not to be brought into the Reckoning , with those who have Right to vote about Church-Government . Indeed according to his Scheme , the Nation , by this Article , is brought to a very lamentable state . For thus ane Article is imposed on it , by such as had no Right , no Power to impose it , because they have fairly declared themselves to be for the indifferency of particular forms of Church Government . And yet by another proposition , in his Scheme , this Article cannot be altered : For this is one of his positions , that the Deed of a Meeting of Estates is to be interpreted the Deed of the whole Nation : From which it follows by unavoidable consequence , that the whole Nation , hereafter must be excluded from voting about the Government of the Church : For the whole Nation ( even Presbyterians themselves not excepted ) by Establishing this Article have declared themselves indifferent , as to the Species of Church Government . Now as I said , is not this a Lamentable state to which the Nation is reduced ? It lyes under the burden of ane ill-contrived Article , imposed by such as were not Competent , had no Right , to impose it ; and yet it must lye , Remedilessly , under this burden , because those who imposed it , by imposing it , while they were not Competent nor Qualified for imposing it , have rendred the whole Nation incompetent , and unqualified for altering it , or freeing it self of such a burden . Was ever Nation so miserably intricated ? But enough of G. R. These , I say , and several other things , might have been farther considered and insisted on : But having already answered the ends of my undertaking , I shall proceed no farther : I conclude with this . If these Papers shall have the Fortune to come to the hand of any Scottish Noblemen or Gentlemen , and if they shall think it worth their while to peruse them , I earnestly beg one piece of Justice from them : It is , that they would not apprehend , I had the least intention or inclination to cast disgrace on such of them as concurred either to the framing or the voting of this Article . I love my native Country : I honour all Persons of true honour in it : I have no where impugned the Authority of those who Established this Article ; I had no such purpose ; My undertaking required no such performance ; All I designed was to do service to my Countrey , according to my poor abilities : I cannot think any Ingenuous person , any person of true honour , can deny , that it is good service done to mankind to tell them truth Civilly , and endeavour Dutifully to recover them from mistakes , if they labour under any . We are all fallible , and capable of taking things by the wrong handle ; and a very mean Person may be sometimes a seasonable Monitor . If I have said any thing false or amiss , I crave all men pardon : But if I have advanced nothing but Truth , if I have done nothing but Iustice to this Article ( and I protest seriously , I think , I have done no more ) I cannot think it will be Iust or Generous , in any Man , to harbour Picques against me , for doing what I have done ; The Genuine use ( I am sure it is Genuine ) I wish , my Countrey-men , of whatever Station or Character , may make of my Examination of this Article , is , to suffer themselves to be put to thinking by it , and Enquiring whither there may not be some other Articles , every whit , of as great importance to the Nation , in our new Claim of Right , as ill-founded as this ; And if any such are found , to contribute their joynt endeavours , as becometh true Scottishmen and good Christians to have all Righted . FINIS . Notes, typically marginal, from the original text Notes for div A59435-e34380 (a) Kn. 260. (b) Spot . 149. (c) Kn. 127. (d) Lesl ▪ 496. (e) Lesl. 494. Spot . 95. (f) Kn. 259. Spot . 149. (g) Pet. 222. (h) Spot . 60. (i) Spot . 154. (k) Calv. Epist. Col. 134 , 135. (l) Col. 316. (m) Col. (n) Col , 466. (o) Col. 190. Sleut hoc Natura dictat , unum ex singulis Collegiis deligendum , cui praeeipua Cura incumbat . Humanus Episcopatus tolerabilis quidem esset , Modo veteres puri Canones , Impediendae Oligarchiae constituti , in usum revocarentur . Beza in Resp. ad 1 Quaest. a Dom. Glam . propositam . (p) Kn. 64. (q) Kn. 70. (r) Spot . (s) Kn. 146. (t) Kn. 260. (w) p. 135 ▪ & 143. (u) Spot . 275. Cald. 69. (v) Cald. 167. & 187. (x) Cald. 536. Pet. 366. (y) Kn. 283. Spot . 175. (a) Course of Conform . p. 32. Pet. 375. (b) Pet. 55. Cald. 374. (c) Cald. 57. Pet. 875. (d) Cald. 56. Pet. 375. (e) Cald. 57. Sed & istud , M. Knox , te caeterosque fratres velim meminisse , quod jam oculis pene ipsis obversatur , sicut Episcopi papatum pepererunt , &c. Beza Epist. 79. pag. 315. (f) Life of Knox. Cald. p. 3. (g) Knox ▪ Life . Kn. Hist. 102. Heyl. Hist : Ref. Burn. hist. Ref. Cald. 3. Calv. Ep. Still . Unreasonableness of Separation . part 1. Sect. 3. (h) pag. 2● (i) pag. 32. (k) p. 40. (k) p. 40. (l) See Act for a National Fast. (m) p. 51. (n) p. 90. (o) Kn. 318. (p) Kn. 308. Cald. 401 (q) p 110. (r) Spot . 1●4 . Spot . 198. Per. 348. Cald. 41. Kn. 445. (t) K● 289. Old Liturgy . (w) Spot . 211. (v) Spot . 266. (a) Lesl. 343. Herb. 27. (b) Herb. 29. (c) Lesl. 349. Herb. 44. Pax pacta est , quae res non tantam tranquillitatem Regno Galliae peperit , quantam Regi Notam Inussit , quod , in illa percutienda , Scotorum , qui illlus Causa , Anglis , Bellum intulerunt , nulla omnino facta fuerit mentio . Lesl. 355. (d) Herb. 50. (e) Buch. 488. (f) Lesl. 372. (g) Herb. 122. (h) Buch. 496. (i) Herb. ibid. (k) Herb. 49 , 59 , 60 , 65 , 99. passim . Henricus , animo magno & vere Regio , respondit , sibi cum Scotis pacatis , pacem , cum bellantibus , bellum fore . Buch. 485. (l) Buch. 484 , 489. (m) Buch. 487. Lesl. 386. Regina etsi absens , hujus tamen consilli Nobilibus auctor fuit . Lesl. 386. Albanius cum intellexerat Scotos Nobiles a bello gerendo abhorrere , quod non Relp . suae utilitate sed Regis Franci voluntate , tanquam susceptum illud putaverint , in Franciam ●ransmittit , &c. Lesl ▪ 387. Hostis autem Consilium eo spectabat ut feroces Scotorum animos , malis fractos ad paciscendum secum cogeret . Buch. 499. Nec Segnius etiam Scoti , factionis Gallis adversae laborabant ut perpetuum cum Anglo foedus iniretur , Regina Principe . Buch. ibid. Si Scoti in animum Inducerent , Soluto cum Gallis foedere , &c. Buch : ●b . (n) Herb. 148 , 149. (o) Buch : 499. (p) Buch. 501. q Lesl. 390 , 391. fuse . (r) Lesl. 393. Hinc intellexit Gubernator se apud quosdam Nob●les non esse gratiosum , qui Regis pueri imperitiam , suo excusso imperio , volebant subire , atque nullum bellum ( quod , Franci causa , acriter urgebar Albanius ) cum Anglis justum esse putabant . Lesl. 393 : Ita tamen ne qu●d horum Consilio omnino flatueret vel antiquaret Rex , quod Regina tanquam . Regni Princeps , antea , sua authoritate non fixer●● aut resixerit . Lesl. 397. (s) Inc●edibili quadam laetitia elatus . Lesl. 394. (t) Lesl ▪ ibid. (u) See for all this Lesl. 394 , 395. Herb. 163. Gillus studio , maxime & diligentia Angli , in libertatem , ex Hispanorum manibus restitutus , foedus adeo amplum cum iis fecir ut multum Scotico foederi derogaretur . Buch. 519. Rex mirum in mod●m cupiebat praelio decernere , adversa Nobilitate ; a quibus id impetrare non poterat . Buch. 52 o. L●sl . 435. (v) Lesl. 437. Buch. 529. (w) Buch. 544. (a) Kn. 38. (b) Buch 520. Spot . 70. (c) Herb. 396. (d) Pet. 176. Factio Sacerdotlbus iniquior toto Conatu , atque animi viribus , co incubuerunt , ut Rex tempus locumque colloquli petitum obiret , Buch. 525. (e) Burn. 279 , 280. (f) Buch. 532. (g) Buch : 531. Kn. 36. Spot . 71. (h) Kn. 38. Spot . 72. (i) Les● . 443. Kn. 36. Spot . 72. (k) Lesl. 444 , 445. Buch. 537. Sacerdotes qui pro aris & focis sibi certandum videbant fremere ; Religionem hoc congressu prodi . Buch. 521. (l) Lesl : 415. (m) Buch. 517. Id cum Sacerdotes rescissent , actum de Ordine suo Rati , nisi Congressum Regum impedirent , &c. Buch. 525. vid. Lesl. 431 , 432. Occasio item supremae potestatis Invadendae , & celeritatis egere visa est , ut Captivorum & Exulum , ex Anglia , Red●tum , praeveniret , ne quid in approbatione sui honoris , eis , integrum Relinqueret , quorum & potentiam & Gratiam formidabat , & mentem a se alienam , ob diversum pietatis cultum non dubitabat . Buch. 531. vide Kn. 35. Spot . 71. (n) Buch. 533. (o) Vide Buch. 533 , 534. Spot . 73. (p) Lesl. 445 , 449. Studebat enim avertere illorum animos a Nuptl●s cum Anglo contrahendis , quod suspicaretur , per illam Conjunctionem , aliquam fieri potuisse , in Scotia , Religionis eversionem , &c. Lesl. 449. (q) Buch 561. Spot : 88. Knox. 87. Erant qu● ob Religionis Consensum Anglorum oblatam amicitiam censerent amplectendam — Galliae factioni favebant omnes Papani . Buch. 566. Spot ▪ 89. (r) Spot . 92. Kn. 99. (s) Spot . 149. (t) Spot . 76. (u) Spot . 344. (v) Lesl. 492. (a) Spot . 65. (b) Spot . 66. (c) Burnet ad An. (d) Burn. ad Ann. Heylin . p. ●9 . (e) Spot . 66. (f) Ibid. (g) Spot . 70. Pet. 180. (h) Life of Knox. (i) Spot . 73. (k) Kn : Hist. 69. (l) Spot . 93. (m) p. 52. (o) p. 102. (p) Kn. Hist. 224. (q) ib. 231. In Anglicana Ecclesia , qualem describitis , multa● video ●uisse tolerablles inept●as . His duobus verbis ex primo , non fuisse eam puritatem , quae optanda fuerat : Quae tamen , primo statim die , corrigi non poterant vitia , cum NULLA SUBESSET MANIFESTA IMPIETAS , ferenda ad tempus fuisse . Calv. Angl. Francoford . inter Epist. Col. 213. (r) Kn. Hist. 440. (a) Kn. 170. (b) Kn. 228. (c) Kn. ib. (d) Kn. 218. Spot . 140. Buch. 604. Status Rerum Anglicarum , hic , nos paulum divertere cogit , quod , eo tempore adeo utriusque Regni prospera & adversa , conjuncta erant , ut , altera sine alteris explicari nequirent : Scoti , ante aliquot Annos , Anglorum auxiliis , e Servitute Gallica , Liberati , RELIGIONIS CULTUI ET RITBUS CUM ANGLIS COMMUNIBUS SUBSCRIPSERUNT : Ea subita rerum mutatio spondere videbatur Brittaniam universam ad omni Domestico tumultu conquleturam . E continenti vero , &c. Buch. 714. (e) Buch. 614. Kn. 284. Sp●t . 1●1 . (f) Kn. 236. (g) Kn. 244. (h) Kn. 259 , &c. in the Scot. Liturgy . (a) Kn. 112. Cald. 5. (b) Kn. Ib. Spot . 117. Pet. 192. (c) Cald. 800. (d) Spot . 153. (e) Pet. 233. (f) Cald. 32. (g) Ib. 24. (h) Ib. 39. (i) Kn. 130. Spot . 118. (k) Knox : 136. Spot . 120. (l) Kn. Ap. 4. (m) p. 13 , 14 , 15 , 16 , &c. Al●ter namque illam ( scrip●uram ) Novatianus aliter Sabellius , aliter Donatus , &c. exponit : Atqui idcirco multum necesse est , propter tantos tam varij erroris anfractus , ut Propheticae & Apostolicae interpretationis linea , secundum Ecclesiastici & Catholici sensus Normam dirigatur . Vin. Lin. Commonit . cap. 2. (a) Buch. 586. Lesl. 504. Spot . 119. (b) Buch. 587. (c) K. Jam. Bas Dor. 160. calls Parity the Mother of Con●usion , &c. De Episcopis quoque ac Pastoribus el●gendis , aequum imprimis esse , ut , quae jure canonico caventur , ea Sarta tecta maneant , neque novi quid , abrogatis veteribus , ullo modo surrogetur , id quoque prudentur adjecerunt , cum praelatorum Electio , in Regia potestate , suffragante summo pontifice , esser , de ea , in tenella Reginae aetate , contra , quisquam staturi , sine aperta temeritatis no●a , ae Regiae potestatis imminutione , nullo modo posse , Lesl. 504. Hoc etiam amplius , ad eam partem , quae erat de Ministrorum Electione ; in hoc genere Quaestionum , aut juris Canonici , aut Concilii Tridentini Decretis standum , Buch. 587. Si per superiorum temporum Negl●gentiam , indocti flagitiosive ad honores obrepsissent , ut iis a Ministeriis Ecclesiae remotis , alii sufficerentur . Buch. 586. (d) Spot . 159. (e) Kn. 289. (f) Ib. 131. (g) Cal. 5 (h) Kn. 261. (i) Spot . 150. Pet. 219. (a) Spot . 158. (b) Ib. 154. (c) Ib. 168. (d) Ib. 160. (e) Ib. 159. (f) Mss. Pet. 233. (g) Spot . 160. (h) Ibid : (i) Ib. 157. (k) Ib. 210. Art. 11. (l) Pet. 237. (m) Ib. 379. (n) Spot . 157. (o) Ib. 158. (p) Pet. 233. (q) Spot . 190. (r) Ib. 154. (s) Kn. 297. Pet. 223. (t) Spot . 159. (w) Pet. 378. (v) Ib. 340. (x) Spot . 219. Post Reformatam Religionem Consuetudine recep●um est , ut Episcopi , & ex Ministris Pastoribus ac Senioribus , tot quot iidem Episcopi jusserint , unum in locum conveniant , cum praecipuis Baronibus ac Nobilibus , Religionem veram profitentibus , & de doctrina & de moribus inquisituri . (y) Cald ▪ 45. (z) Pet. 359. (a) Ib. 233. (b) Ib. 369. (c) Ib. 365. (d) Mss. Pet. 237. Cald. 33. (e) Mss. Pet. 341. (f) Mss. Pet. 360. Spot . 219. (g) Mss. Pet. 369. (h) Mss. Pet. 369. (i) Spot . 214. Pet. 359. (k) Mss. Pet. 242. (l) Pet. 346. (m) Spot . 162. (n) Ib. 163. (o) Ibid. (p) Pet. 362. (q) Mss. Pet. 237. (a) Cal. 25. (b) Ib. 26. (c) Pet. 218. (d) Ibid ▪ (e) Kn. 283. (f) Spot . 344. (g) Kn. 260. (h) Ib. 289. (i) p. 110. (k) Spot . 1●9 . (l) Ibid. (m) Ibid. (n) Ib. 160. (o) Ib. 162 , 163. (p) Kn. 289 , &c. (a) Kn. 297. Pet. 223. Mss. (b) Pet. 341. (c) Spot . 158. (d) Ib. 210. (e) Pet. 356. Cald. 42. (f) Pet. 360. (g) Cal. 46. (h) Ib. 65. (i) Pet. 219. Spot . 1●9 . (a) Cald. 26 , 27. (b) K.J. his Works , p. 202. † Major singulis , minor universis . † Praefervidum Scotorum ingenium . (c) Spot . 167. (a) Spot . 174. (b) Ib. 153. (c) Spot . 260. Pet. 376. Cald. 58. (d) Spot . 164. (e) Kn. 283. Cald. 24. (f) Pet. 218. (g) Kn. 259 , 260. Spot . 149. Haec , quia nego , plus aequo severus judicor , non a solis Papisticls , verum etiam ab ijs qui sibi voritatis patroni videntur . (h) Kn. 282 , 283. Spot . 175. (i) Kn. lb. Spot . 174. (k) Kn. 323. (l) Kn. 324 , 325 , 326 , 327 , 328 , &c. fuse . (m) p. 329. (n) Ib. (o) Ibid. (p) Spot . 209. (q) Ibid. (r) Pet. 363. (s) Vide Spot . 258. (t) Spot . 258. Pet. 371. (u) Cald. 759. (v) Ib. 764. (*) For this Letter see Spot . 258. and Pet. 370. (w) Spot . 260. (x) Cald. 50 , &c. (y) Spot . 260. Pet. 273. (a) Cal. 49. Pet. 372. (b) Cal. 50. Pet. 373 , 374. (c) Cal. 50. Pet. 375. (d) Cal. 57. Pet. 376. (e) Cal. 49. (f) Pet. 353. (g) Spot . 260. (h) Cal. 50. (i) Ib. 55. (k) Cal. 62. Pet. 379. (l) Cal. 55. (m) Ib. 56. (n) p. 7. (o) Cal. 73 ▪ (p) Cal. 55. (q) Cal. 51 , 55 , 56 , 66. Pet. 374 , 383. G. R. 1 Vind. p. 8. (r) Cal. 51. (s) Ca● . 61. G. R. 1 Vind. 7. (a) Cal. 56. Pet. 389. G. R. 1 Vind. 7. (b) Cal. 56. (c) Cal. 58 , G. R. 7. (d) Pet. 376. (e) p. 383. (f) p. 387. (g) p. 376. (h) Cal. 56. (i) Pet. 375. (k) Spot . 260. Cald. 57. Pet. 376. (l) Mss. Pet. 379. (m) Mss. Pet. ibid. (n) Mss. Pet. ibid. (o) Pet. ib. (p) Ib. 380. (q) Cald. 66. Pet. 383. (r) Spot . 272. Pet. 383. (s) Pet. 384. (a) Cald. 329. (b) Ib. 548. (c) Spot . 275. (d) Pet. 401. (e) Spot . 457. (f) Mss. Pet. 385. Spot . 275. Cald. 68. (g) Spot . 275. Pet. 387. (h) Spot . 275. (i) Pet. 386. (k) Spot . 275. Pet. 386. Cald. 69. (l) Cal. 69. (m) Pet. 387. (n) Pet. 385. (o) Spot . 276. (p) Cald. 72. Pet. 387. (s) Pet. 387. (t) Spot . 276. (u) Spot . 276. (v) Pet. 401. (w) Mel. Mem. 110. (x) Mel. Mem. Ibid. (y) Spot . 276. (z) Cald. 66. (a) Cald. 80. (b) Mel. Mem. 135. (c) Ibid. 109. (d) Ibid. 113. (e) Ibid. 115. (f) Ibid. 116. (g) Ibid. 110. (h) Ibid. 115. (i) Ibid. (k) p. 116. (l) Ibid. 118. (m) M. Mem. 118. (n) Ibid. 123. (o) MS. Cald. 73. Pet. 387. (p) Cald. 93.94 . (q) Cap. ● . §. 9. (r) Ibid. & Cap. 5. per. tot . (s) Cap. 8 ▪ per tot . (t) Cap. 7. §. 16. (v) Cap. ●2 . §. 8. (a) p. 8. (b) p. 29. (c) p. 30. (d) p. 41. (e) p. 43. (f) p. 46. (g) p. 58. (h) p. 71. (i) p. 45. (k) Cald. 74. Pet. 38● . (l) Cald. 74. Pet. 389. (m) Spot . 170. (n) MS. Cald. 76. Pet. 388. (o) Cald. 76. (p) MS. Cald. 76. Pet. 390. (q) MS. Cald. 79. Pet. 391. (r) Cald. 77. (s) Cald : 79. (t) In the page of these papers . (u) MS. Cald. 81. Pet. 394 ▪ (v) Spot . 303. (w) Cald. 81. Pet. 394. (x) MS. Pet. 394. Cald. 81. (y) MS. Cald. 82. Pet. 395. (z) MS. Cald. 85. Pet. 397. Spot . 303. (a) Spot . 303. Cald. 84. Pet. 396. (b) Cald. 86. Pet. 398. (c) Cald. 88. (d) MS. Cald. 88. Pet. 400. (e) Cald. 116. (f) Cald. 29. (g) MS. Pet. 399. Cald. 87 , 88. (h) Spot . 277. (i) Cald. 96. (k) Cald. 97. (l) Cald. 90. Spot . 311. Pet. 402. (m) p. 97. (n) p. 160 ▪ of his Works printed at London 1616. (a) Pet. ad An. 1576. p. 352. (b) Spot . ad Anno 1571 ▪ pag. 258. (c) See large Declar . 114 , 115. (d) Ibid. 69. & 173. (e) p. 352. Leges Regni longo usu & inveterata consuetudine Receptae , ut quotles de rebus ad Reipublicae salutem pertinentibus in publicis Regni Comitiis agitur , nihil sine Episcopis constitui potest , quum ipsi tertium Ordinem & Regni Statum efficiant quem aut mutare , aut prorsus tollere , Reipublicae admodum esset periculosum . (f) Ineunte Augusto , Edinburgum convocati sunt tres Regni Ordines . Les● . 529. (a) p. 32. (b) 2 d. Vind. ad Lett. 3. §. 5. (a) 1. Vind. ad Quest. 10.2 . Vind. Answer to Letter 3. §. 4. (a) Kn. Ap. 90. (b) 2. Vind. in Answ. to Lett. 3. §. 3. (a) p. 22 , 23 , 24 , &c. (b) Kn. Hist. 389.396 . App. 25.107 . Passim . (c) Ibid. 317. (d) Ibid. 393. (e) Ibid. 391 , 392 , 393. Passim . (f) Ibid. 356 , 357. (g) Ibid. 100. Spot . 93. (h) App. 2. (i) Kn. Hist. 363. (k) Kn. App. 68. (l) App. 78. (m) Kn. Hist. 226. (n) Ibid. 315. (o) Kn. Hist. 231 , 232. (a) Kn. 262. Pet. 220. (b) Kn. 279. (c) Kn. 366. (d) Kn. 384. (e) Spot . 266. (d) MS. Cald. 456. Pet. 558. (e) Cald. 496. (f) Cald. 748. (g) Scot. Liturgy page 27. (h) 39. (i) p. 53. (k) p. 56. (l) p. 74. (m) p. 104. (n) p. 109. (o) 170. (p) p. 189. (q) Spot . 170. (r) Spot . 168. (s) MS. Pet. 40● . (t) Edit . Glasg . p. 182. (v) Spot . 169 , 170. (w) MS. Pet. 233. (x) Spot . 170. (y) Spot . 169. (z) MS. Pet. 400. (a) Spot . 173. (b) Cal : 712. (c) MS. Pet. 342. (d) MS. Pet. 344. Spot . 193. (e) Cald. 52. (f) Cald. 66. (g) MS. Pet. 396. Cald. 84. (h) MS. Spot . 301. Cald. 114. (i) MS. Pet. 410. Cald. 99. (k) Cald. 383. (l) Spot . 434. Cald. 38● . (m) Cald. 383. (n) p. 15. (o) Spot . 168. Cald. 28. Postridie , quod in Urbe fuit Episcoporum Convocatur in Aulam , ut & ipsi , quidem , subscriberent . Buch. 667. (p) Buch. 698. Spot 219. (q) Buch. 756. Spot . 254. (r) Spot . 256. (s) Buch. 760. † Qui vix ac ne vix quidem in officlo contineri potest . * Leges Regni longo usu & inveterata consuetudine Receptae . (t) Spot . 299. Cald. 112. (u) MS. Pet. 545. Spot . 449. Cald. 420. 2 Vind. ad Let. 3. §. 4. 
A84751	----	Foure speeches delivered in Guild-Hall on Friday the sixth of October, 1643. At a common-hall, vpon occasion of desiring the assistance of our brethren of Scotland in this warre. / Viz. the [brace] 1. by Mr. Solicitor. 2. by Mr. Edmund Calamy. 3. by Mr. Jeremiah Burroughes. 4. by Mr. Obadiah Sedgewick. Published according to order. This text is an enriched version of the TCP digital transcription A84751 of text R200837 in the English Short Title Catalog (Thomason E338_1). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 110 KB of XML-encoded text transcribed from 24 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A84751 Wing F1671 Thomason E338_1 ESTC R200837 99861470 99861470 113607 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A84751) Transcribed from: (Early English Books Online ; image set 113607) Images scanned from microfilm: (Thomason Tracts ; 55:E338[1]) Foure speeches delivered in Guild-Hall on Friday the sixth of October, 1643. At a common-hall, vpon occasion of desiring the assistance of our brethren of Scotland in this warre. / Viz. the [brace] 1. by Mr. Solicitor. 2. by Mr. Edmund Calamy. 3. by Mr. Jeremiah Burroughes. 4. by Mr. Obadiah Sedgewick. Published according to order. Gardiner, Thomas, Sir, 1591-1652. Calamy, Edmund, 1600-1666. Burroughs, Jeremiah, 1599-1646. Sedgwick, Obadiah, 1600?-1658. [2], 44 p. Printed by R. Cotes, for Jo. Bellamie, and are to bee sold at his shop at the sign of the three Golden Lions in Cornhill, neer the Royall Exchange., London, : 1646. Mr. Solicitor = Sir Thomas Gardiner. The words "1. by Mr. Solicitor. .. Sedgewick." are bracketed together on the title page. Annotation on Thomason copy: May 23th. Reproduction of the original in the British Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Participation, Scottish -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A84751 R200837 (Thomason E338_1). civilwar no Foure speeches delivered in Guild-Hall on Friday the sixth of October, 1643.: At a common-hall, vpon occasion of desiring the assistance of Gardiner, Thomas, Sir 1646 22042 187 0 0 0 0 0 85 D The rate of 85 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-06 Jonathan Blaney Sampled and proofread 2007-06 Jonathan Blaney Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion FOVRE SPEECHES Delivered in GVILD-HALL ON Friday the sixth of October , 1643. At a COMMON-HALL , Vpon occasion of desiring the Assistance of our Brethren of SCOTLAND in this WARRE . VIZ. The 1. by Mr. Solicitor . 2. by Mr. Edmund Calamy . 3. by Mr. Jeremiah Burroughes . 4. by Mr. Obadiah Sedgewick . Published according to Order . LONDON , Printed by R. Cotes , for Jo. Bellamie , and are to bee sold at his shop at the sign of the three Golden Lions in Cornhill , neer the Royall Exchange . 1646. Foure SPEECHES Delivered In Guild-Hall , on Friday the sixth of October , 1643. At a Common-Hall . Mr. Solicitor his Speech at Guild-Hall , on Friday , October 6. 1643. Worthy Aldermen , and Gentlemen , and Citizens of this Famous City of London , THe cause of the calling of this Assembly of this Common-Hall , it was the businesse of Scotland , I thinke it is not unknowne to many of you , that about two months since both the Houses of Parliament did send a Committee into Scotland to desire the assistance of our brethren of Scotland in this Warre : the Committee hath from thence sent Propositions to both the Houses , whereby wee see their willingnesse to come to our assistance : but one part of it is , that without some supplyes of Money , they are not able at all to come into this assistance , The Houses considering the necessity of their comming in , and of speedy supplyes of Money to that purpose , they did send a Committee , and did desire that a Common-Councell might be called , which was done upon Munday last , and they did thither send a Committee , with desire that the Common-Councell would take that into consideration , that is , the necessity of their comming , and speedy supplies to bee raised . And for the effecting of this , not having any other means so neare at hand as that , they did desire that the Common-Councell would appoint a Committee out of themselves to consider of this businesse with the Committee of the House of Commons : These they met , and have been together these two dayes considering of it , that is , Wednesday and Thursday , and they did intend , and doe still , to send to divers of those that are able and rich of this City , to the intent that they might see , what they would lend to this businesse ; and to tender to them such security , as they conceive to be very convenient and fitting for those that are willing to lend Money : but when they had entred upon the businesse , and ▪ considering the speed , and the necessity that the supply should be expedited , they thought that would be too long a way , yet resolved to prosecute it still , but withall they did desire , that my Lord Major would be pleased to call a Court of Aldermen this morning , ( which hee did ) and likewise a Common-Hall , to the intent that the necessity of the raising of this money speedily might be declared to you , because the other would be a longer way ; which though it be intended still to be prosecuted ; yet when you are all here together , we may the better know your affections to this businesse , and that the Money may be speedily raised , though not the whole , yet it will be somewhat to the businesse , if some considerable summe might speedily be sent away . I conceive there is no need to acquaint you with the benefits that will redound to this kingdome , and the advantages wee shall have by a nearer association with them , and by their comming in , to this purpose for our assistance ; the benefits certainly when wee consider of them , are many . As first , This great cause which is now in agitation , that by this means will be much secur'd ; it will bee assur'd to us , that the event , and the successe of it ( by Gods blessing ) will bee made a great deale the certainer : If they do not come in , then we are to consider how we stand . Certainly , the Parties they are very equall in this businesse , and where the Parties are equall , the successe must needs bee dangerous , and very uncertain . Now we all of us see , that all ranks and degrees of men , even from the highest Lords , to the meanest Commoners , they are engaged on both sides ; and if the advantage be of either side , it is in the other , because that the greater part of the Nobility and Gentry we know they are the other way . Likewise if we consider the Citi●● and Townes of this kingdom , that there is Newcastle , that there is York-shire , that there is Shrewsbury , that there is Bristoll , that there is Chester , and that there is Exeter , and divers others Cities and great Townes in their custody . If we goe through all the Counties of the Kingdome , wee see there the greatest parts of the Northerne parts possess'd wholly by the Earle of Newcastle , Northumberland , Cumberland , Westmerland , York-shire , and some other parts . So in the West , goe to other Counties , there is a mixture in all of them , that we cannot say there is any part of the Kingdome free ; so that the mixture seemes to be of the people likewise , if not the greater party the other way . If we consider likewise the events and successes ; as we on the one side have taken Portsmouth , Chichester , and some other places , so they on the other side have taken Exeter , and Bristoll , and other places . If we consider the events of the Skirmishes , Fights , and Battailes that have been ; we cannot say , that on any side hath been any compleat Victory ; that at Edgehill , it pleased God to give us a deliverance , we finde it was no compleat Victory , by those things that followed ; so this at Newbury lately no compleat victory , for had it been so , the Warre had been at an end , so that which way soever we looke , unlesse wee call them in to our assistance , certainly the Parties on both sides , are very equally engaged ; and certainly when two men of equall strength doe wrestle , it is an even lay which of them will give the fall ; as long as the ballances stand so even , it is very uncertain which way they will weigh down . We are to consider , ( that in respect that the danger is such , and the event of the Warre so uncertaine , without their comming in ) what the cause is that is lost , in case the day should be theirs ; certainly considering that the Papists in Ireland are wholly engaged , that the Papists in England are wholly engaged , that the Prelates and their Party are wholly engaged , that there are divers that are Neuters , and ill-disposed men , that they likewise encline that way : Considering that that Party is acted by Jesuiticall Counsells , for certainly they are behinde the Curtaine , though they are not so visible to us : I say , when this is considered , who are the Parties that shall get this day , it is very easie to prognosticate what the losse will be , no lesse then of Religion , and of our Lawes , and of our Liberties : In a word , if that that Party doe prevaile , I am affraid we have lost all ; and therefore those other things , they will not be so considerable which I shall tell you of . Wee know the great Loanes and Contributions that have been made by the Worthy Citizens of this City , and by divers other well-affected persons throughout the Kingdome ; the Money , the Plate , the Horses , and other things for this Warre too , they will bee lost : but not onely so , but certainly , that these have been lent to the Parliament for the maintaining of the Warre , against that Party , this will b●e good reason why they should take all away . The publike Faith likewise of both Houses of Parliament , and so the whole Kingdome , certainly that must be violated , and if that should bee so , if that we should be ove●born in this cause , it will easily be foreseene , whether any future Parliament will be enabled to stand up for the defence of Religion , and the Liberties of the People . Wee may adde to this the Charters and the Franchises of this great City , it will be easily foreseen , what will be the event of that , whether they wil be continued to you , yea or no , considering what affection you have born to this cause . Certainly in former time● , the Charters and the priviledges of this City , they have been confirmed by Parliaments , as doth appear in King Johns time , in Henry the third , Richard second , & always after the ending of those great Wars , whe●in no doubt , the City ( as hath been seen in that ) did engage themselves , as now , in the Parliaments cause ; therefore for their security , their Charters were alwayes confirmed ; which wee need not doubt will be done in this cause ; but in case the event should bee otherwise , what the losse will be in that way , you may easily see ; so that all is at stake , and if we bring not them in to our assistance , for ought I know , we are at fairs to lose the game , as win●● it , and if any mana estate here , stood upon the like c●su●lty , I believe hee would give some considerable summe to ensure it , in the office of Policies ▪ Thus we stand in case they are no● called in the losse so great , that is the losse of all , the event so uncertaine . In case they be called in , we are to consider then what alteration this is like to make ▪ we are therefore to consider how it comes about that the Party comes to be so equall , that so many should engage themselves on the other Party , as we see they doe ; certainly a great many of them doe it , being uncertaine in their judgements to which side to cleave . Another Party they doe it , because that they out of feare desire to keep their Estates , and stand Neuters . For the first of those , certainly both at home and abroad , those that are averse , they looke upon us as a Protestant Kingdom , but divided among our selves ; they heare Protestations on both sides , that both Parties doe protest to maintaine the Protestant Religion , the Laws of the Kingdome , and the Liberty of the Subject ; and they see and read the Declarations that goe out on both sides , and the matter of fact being that that makes the cause , they know not what to believe of that ; for when they read the severall Declarations , they see that affirmed by one party , that is denyed of the other , so that indeed they know not which way to bend themselves to beleeve , ( of the matter of fact , I meane : ) But now a great many after the case hath been stated , as it hath been on both sides b● these Declarations , when they shall see that this Kingdome of Scotland , to which Declarations have been sent by both Parties , ( for so they have , the King hath sent on his side , and the Parliament hath sent on their side also ) when they shall see the Kingdome of ●cotland hath sent a Committee into this Kingdom , to informe themselves of the businesse how it stood , to the intent they might know how to carry themselves between both Parties ; I say , when after all this , they shall see a whole Protestant Kingdom , as one Man , a Protestant Kingdome that hath had differences heretofore , and those differences have beene setled , when they have beene in the same distractions as wee have , and so setled , as that it hath beene with a cleare Declaration of their innocencies , that they had just cause to doe , what they had dont , and went away as they did , with that full satisfaction they have given to the world : I say , when they shall see such men , as have for so long a time stood by as a third Party , and Spectators onely , and lookens on ; when they shall see a Kingdome , that is altogether unbyass'd , that hath the same King ▪ lives in the same Island , that hath the same Religion : I say , when they shall behold a whole Kingdome to declare for the one Party , that is , for our Party ; when they shall see them not onely doe so , but enter into a League and Covenant , and that by oath with us , for the maintaining of this Religion : when they shall see them engaging their whole Kingdome as one man , in a War for the maintaining of this cause : I say , certainly that must bee a convincing , silencing argument to all these men , that this is the Party that doth maintain really , and in truth , the true Protestant Religion , the Laws of the Realme , and the Liberties of the Subject : That is for the first . The second is , there is another Party , that are well enough satisfied in their judgements , but out of feare of their estates , and other sinister , by and base ends , ( for so they may be called , for as this Covenant calls it a detestable Neutrality ▪ so may wee ) I say , when these Parties shall see such an addition of strength to the one side , their owne principles of feare will reach them to goe to that that is the stronger side . But admitting that men stood in their judgments , and in Neutrality , as they now doe , and that their comming in did not alter one man ; yet we are to consider what the strength is that they doe bring in wi●h them , and what that is like to doe , admitting the parties to bee as equally engaged , as now they be ; and that is by their owne Propositions , that when they come in , they intend to come in with 18000 Foot , with 1000 ▪ Dragoneers , and 2000 Horse , with 21000 Horse and Foot , with a Traine of Artillery proportionable and suitable to such an Army : Certainly , by the blessing of God , such a force to bee added to the one Party , that is now even , it cannot but in all likelihood cary down the scales , and alter the whole ●ame , and the state of the businesse . Why ? certainly two against one in all ●usinesses , that makes oddes . If we have the addition of that whole Kingdome to this Party that is even with the other , or neare so , now wee may easily judge of the event . This is the first benefit I shall propound to you , wee are like to reap by their comming in , that is , the assuring of this great cause , that so much conc●●nes us . The second is this , which I shall propound to you , that is ▪ that it will bee for our profit , that it will ease the Warre , that it will make the charge ▪ and the burthen of it to 〈◊〉 This doth arise partly out of what hath been said , that their comming in , it will shorten the Warre , for as long as the parties ar● equall , it must needes lengthen and protract the Warre ; when two scales are almost equally ballanced , wee know for a great while it falls on the right hand , and on the left hand , and it is a great while before they stand still ; so that if the War bee protracted and lengthened , that will bee spent in time , and a great deal more , then a good round summe will be in making a sudden conclusion of it ; I think every Lessee , hee had rather pay a good round Fine , than for many ●●ers together , to sit upon a great Rent ▪ this may bee our condition , if wee doe not bring them in , besides the losse of all at last ; But the benefit will appear , by the shortning of the Warre , in this further : By those miseries , and that poverty ▪ and that calamity , which a long Warre must of necessity bring with it ; The wealth of this Kingdome ( I suppose ▪ ) it arises out of the soyle , and the ground of the Kingdom , and it arises out of the M●nufactures , and out of the Trade of the Kingdom ; These again do consist principally in Rents and in Debts ; certainly Debtors by having their estates plundered , and wholly taken away from them , and the lives from many ▪ debts will cease ▪ there will bee no debts to bee paid ; the same will bee likewise of Rents , when the Cattle shall bee killed up , and the Tenants plundered of all they have , there will bee no Rents paid : How will it bee like , if the Warres continue , that the Trade will bee continued ? for the materialls of Trade by a long Warre , will bee wholly destroyed , and taken from us ; The Sheep of the Kingdom that bring our Woall , and the Horses , and the Cattle , that bring our Leather and our Tallow ; these three , the Wooll , Leather , and Tallow , and divers other things , wee know how many hundred Trades , even from the greatest Merchant , to the lowest Handicrafts-man , how many they imploy ▪ these , they will bee destroyed , not onely by the consumption , which the Souldier makes , that is wastefull , but even the policy of Warre will require of the Enemy , ( as wee see of late about Gloucester , in the Vale of Esum , the policy of War will cause , I say , one party ) ●o kill and destroy all Cattle , when the necessity of Warre r●qui●●●●t , to s●arve out the Enemy ; Besides the daily losse of Towns and Cities , what a losse will that bee to Trading , and in particular to this City ? I beleeve it is a sensible thing to many of you ▪ the ●aking o●●●●ter , the taking of Bris●o● , and the Trade of Newcastle stopped , and some other Cities , what a great losse , even in point of debt , it hath been to many worthy Citizens , of this City ; Besides , a long Warre it will consume , the very materialls of life , of food and rayment , wee shall neither have meat , drink , nor cloathing , if the War con●inue , considering the burnings and devastations that goe along with it ▪ so that for my own part , I think it is a very clear case , that wee had better buy out with a round summe , a short War , then to have a long War continued , though it bee without any charge at all ; If all our horse and foot , and trayn of Artillery , and Garrisons , were all paid to our hand , wee had better buy a short Peace , by bringing them in , than to have a long War without charge , because of that inevitable poverty , that a long War must needs bring to a Kingdom ; this first thing that I have offered , is in point of time , the shortening of Warre , the Benefit and Profit that it will bee to the Kingdome . Secondly , Wee all know this Warre hath contracted a great debt upon the Kingdom , and it will contract farre more ; In case this shall bee hereafter to bee paid in sheere Money and Coyn , I am afraid the Kingdom is not able to pay it at once , ( I beleeve that all men know ) Suppose this then shall bee appointed to bee paid at certain yeers and times , what will bee the event of that ? I am afraid the destruction of the Kingdom , for then the case will bee thus , the greatest part of the Lords and Gentry are ingaged in the other way , and here lies a great debt annually to bee paid by the Kingdom , and certainly this will disaffect people to all other Parliaments , when they shall yeerly bee under the payments of such mo●eys , that the Parliament hath contracted upon them ; And then considering who it is will operate upon the other party ▪ for there is another party that will not bee easily reconciled to the party that hath been on the other side , and so this other party striking in the other way , what this is like to produce , is very dangerous to mee ; whereas on the other side , as long as the parties are equally engaged , as wee are , without their comming , I am afraid there will not bee that force on the one side , as to make the other side , ( that is , the Papists , and the Prelates , and the other Malignants ) out of their estates to pay these debts , which their comming in , in all likelihood will make us doe ▪ which if these debts bee paid out of their estates and Lands ▪ I know no inconvenience will come to the Kingdom by it ; for here is the case , they that have it now in their hands , to imploy i● for the destruction of the Kingdom , it will bee onely putting it in their hands , that shew their good affections to the Kingdom ; so that way I conceive the debt of the Kingdom , will bee no losse at all to the Kingdom . The third benefit is , that even the present War it will bee made lesse chargeable to us ▪ and that in this ▪ They not being come in , wee have not Newcastle , there is Nottingh●mshire , York●●●ir● , that great Country , a great part of L●●●olnshire , the Bishopri●● of D●rham , Northumberland , Co●●m●erland , W●●●merland , the great●●● part of the West , the richest part , I know , in this Kingdom , except this City ▪ I say , in case they come not in , they are all under contribution ▪ to the other side ; their comming in gaines New●●●●le , it gaines ▪ as much , as the money to bring them in will cost 〈◊〉 the very gaining of that Town ; and likewise when they come in , it brings all those Countries under contribution ; so that the very contribution ▪ that those Northern Countries will yeeld , it will not only pay the Scotch Army , but is likely ( as it is beleeved ) it will make an addition for our other For●●s , that wee shall have to spare for other Forces , by that which their comming in will gain of the con●ributions of those 〈◊〉 so that I have now done with those 〈◊〉 that will come ●o you in point of Profit , and likewise the assuring of this great Cause . The third is this , that 〈◊〉 w●● doe come to a peace , when Gods time is come that wee shall have one ▪ yet their co●ming in ▪ in all 〈◊〉 i● will cause●●s to have a better a surer ▪ and b●tter g●dunded 〈◊〉 then if they doe not ●om● in ▪ And likewise , what peace 〈…〉 that it will bee p●r●et and bee the sco●●● for us , 〈◊〉 our posterity to reap the benefit of it : First , that their comming in will make our Peace , in all probability the better ; I beseech you , without their comming in , what is it like to bee ? The p●●ties are equall , the partie that is against us , they consist of P●pi●●s , and P●elates , &c. if wee come to compound this businesse , what is it like to bee ? but that our composition will bee indeed the destruction of the Protestant Religion , and of our Liberties ; I am afraid it is very like to bee the ending of that controversie between the two women for the Childe , who should bee the Mother of it , that is , that the Childe should bee divided ; Wee know that our division must have caused death , I am afraid wee shall then come to bee half Protestants , and half Papists , and this neutrality of both , I am afraid it will bee the destruction of the one ; If it prove not destructive , yet certainly it will prove very dangerous to us ; In diseases , if Nature bee not able wholly to expell the malignity of the disease , it afterwards breakes out in botches , and one malady o● another : A sore not cured at bottome , it afterwards festers , and breaks out , and afterwards endangers the person , as much as before ; If they come not in , considering the engagements on both sides , and considering the parties , who wee must compound with , I say , the cure is like to bee very imperfect , their comming in I hope will make it perfect ; Besides , what ever the Peace is , if it bee good without their comming in , it is likely wee and our posterity shall reap the fruit of it , certainly , wee have had great experiences in the times of our Ancestors , that when divisions of this nature have been , as when the Statute of Magna Cha●●a , was first obtained , which was with all the care the w●t of man could devise , there was the Oath of the King , and all the Nobility of the Kingdom , yet it was broken within twelve moneths after ; In his Sons time twelve of the Nobility were appointed to see it kept , that would not doe the work , afterwards they appointed Gentlemen in every Countrey , that they should see to it ▪ this did not the work , it broke out from time to time ; But what should wee goe further ? Those Lawes that have been made against Papists in our memories , are not the Laws full , that no Papist is to 〈…〉 how see wee that put in execution , and that two pa●t● of their ●●●ates to bee seized ▪ when wee see nothing at all hath been done ●hat way . For the Petition of Right , in our memory , how was that kept ? Again , our neighbours the Netherlanders , when they made that peace with the King of Spain , they called in this Kingdom and France , to bee witnesses to it ; wee see how that calling us in , to bee witnesses , how that hath engaged both parties to that State at this time , and how wee have been assistant to them , and expresse● our desires to have them thrive ; But how is it like to bee , when there shall not onely bee our own Kingdom , but a brother Kingdom , an entire Kingdom , one of the same Religion , with us , one that loves their Liberties , as well as wee , when they shall bee engaged in point of interest with us , when the same Law , the same Acts of Parliament that shall compose the differences , when if it hee broken on our parts , in any thing that concerns us , they cannot conceive but it may be their case the next day , because it all depends upon one Law , one and the same Title , and their interest is the same ; So that it there were nothing else in it , but that wee were like to have the better Peace , and on the better termes , and what ever it bee ; it is likely to bee kept the better , to us and our posterity , if nothing else were in it , that were much to our advantage surely , if by some considerable summe of money , wee might have them brought in , and have them at the end of this Peace , and interested in it as well as our selves ; So that I have now done with those Benefits , I have offered to you , that wee shall have by their assistance and comming in ; I make no doubt but that most of these things were known to you all before , and that this part hath been to very little purpose , that I have spoken ▪ for when that both the Houses of Parliament , have seen the necessity and benefit of it , when it was propounded to the Common Councell , that they likewise saw the necessity of it , I know it will ●ee bootlesse to use any further Arguments to you , that you may see the benefits that will redownd by their comming to us ▪ But it will bee asked , notwithstanding wee may receive benefit by it , how may wee bee assured that they are willing ? Truely , for that , by what hath been done ▪ it will bee sufficiently clear ; Both Houses sent a Committee to them , that in a little time did produce the Covenant there , approved of by their Assembly of Divines , and by the Convention of Estates , it is co●● hither , it hath been agreed here , it hath been taken here by the House of Commons already , and by a great many of this City ; A worthy Lord , my Lord Wharton ( I may name him here ) at a Common-Councell , he did declare to my Lord Major and Aldermen , that their House would in few dayes likewise take it ; this Covenant shews their willingnesse ( in the first place ) for wee by that are bound to the mutuall defence of our Religion , and preservation of our civill Liberties , for by that we are bound to the preservation of the Liberties of Parliaments ; and that Delinquents and Malignants may be brought to their just triall ; so this is already done . It was likewise declared by the Commissioners of Scotland , that they did not doubt , but by this time they were taking it in that Kingdome ; and their Commissioners here they have taken it already ; so that they have joyned themselves to us by oath , for the mutuall preservation of Religion and Lawes . In the second place , they have shewed their consent by the Propositions they have sent to us , which are the termes upon which they are to come in ; they have not stayed here but they have proceeded to action ; they have named the Generall of their Army , which is my Lord Generall Lesley , which was their Generall when they came into this Kingdome . And likewise they have granted Commissions into all the Shires of Scotland for the raising of Horse and Foot , and named their Colonells , Captaines , and other Officers , and listed them . There is a further progresse likewise , that is , that we have taken Berwicke already , for the facilitating of their comming in , which may bee a place of retreat for them , and a Magazine for their Ammunition and Victualls . And since this hath been taken by the Parliament , they have sent some Troops of Horse , and certain Foot for the securing of that Town : and if they had before knowne the consent of the Parliament for their having the use of Berwicke , they had put in their Ammunition and Victuall before this time into Berwicke , which before this time surely they d●● know ; and therefore we doubt not , but they have done the other . Likewise further , when they come in , they intend to goe on in their march , though it be farre in the yeare , and not to sit downe in their quarters . Wee know my Lord of Newca●●le did it ●ast yeare , we know they are as farre Northern borne , they are both in a colder Cly●●te ▪ and therefore wee doubt not of it , and so 〈◊〉 long , we hope to heare of the taking of Newcastle , which what reliefe it will be to this City in the point of Coales , and other Trade , you may easily see : Most of this to the Common-Councell was declared by two Worthy Commissioners that were sent out of Scotland , my Lord Mackland , and Mr. Henderson . But it may be said , if they be so willing , and so ready to come , and have all things ready , what is the reason wee heare not of their comming into the Kingdome ? They have answered us by their Propositions , that it is impossible for them to doe it , without some sum of Money : and that this is no pretence , but that it is really so , we have it from our owne Committee there , wee have it from all hands there : and if we consider how they have been exhausted heretofore , I thinke we may easily believe it our selves : and that their Army that is in Ireland have been 14 moneths without any pay at all , they are saine to supply them with necessities , which hath been foure score thousand pound , else that Army must have starved . We know they had two years Warre , we promised them a brotherly assistance , and there is an act for it , but it is knowne by reason of the troubles we have here at home , we have not paid them that ; so that considering the poverty of that Kingdome ( without offence I thinke we may say so ) I say , considering the poverty of that Kingdome , it is certaine , it is not a pretence of theirs , but it is really so . Neither indeed can we presume it , when as the Covenant and Oath they take , binde them as well as us , that they should come to our assistance ; it binds them as much to our assistance , as that Oath binde our selves to our owne assistance , and therefore wee cannot presume , that they would ( being dis-ingaged of an Oath , afterward ) be willing to take that Oath , unlesse they did likewise know their owne necessity , that they could not come in without some summe of Money ; and truly I suppose that they cannot come in without Money , ( as hath been declared to you ) and that we must ground upon and build upon , for wee are assured it on all hands . It will be then said , what is that summe ? Why truly the summe that they have sent in their Propositions , is 100000 l. I confesse a great summ● , and that that I know not how to mention in this Assembly , considering how this City hath been exhausted formerly by those great Contribution● , and by those aides that they have given in this case . But on the other side , though I cannot indeed tell how , when I consider the sumto presse it : yet when I doe consider the inevitable danger that follows , and the great advantages that we lose by every dayes delay in it . I say , when I consider them , I cannot on the other side but presse it . Let us therefore consider , in case this bee not within some convenient time raised , what an infinite disadvantage comes by it to us . First of all , all those preparations they will bee in a manner lost , if that it be not presently raised , there will be no comming in this Winter , if there be no comming in this Winter , no gaining of Newcastle , if no gaining of Newcastle , no Coales , nor materials for Fewell . Nay , that is not all , but if they doe not come in now , and if wee doe not provide this Money , I shall despaire of their comming in at all , and that upon this ground , that if wee bee not able now to raise the summe of Money , the continuance of this Warre , it will more and more every day , and that sensible ▪ dis-enable us to doe it at another time . If we cannot doe it now , wee shall be lesse able to doe it , a weeke , a moneth , a quarter of a yeare hence ; for the Warre you see destroyes all Trade , ( that hath been opened to you before ) wee shall grow poorer , our Enemies stronger ; if we be not able to bring them in now , we shall never bee able to bring them in at all . It will be desired , if it bee possible to raise this great summe of Money , what is the security shall be given ? for truly it was never desired of this city , that so much mony should be given to them , but it is desired it should be onely lent , for if they come not in in time , the businesse is as good as lost : they have therefore ( considering this ) already engaged the Publike Faith of that Kingdome , with the Publike faith of this Kingdome , for the raising of 200000 l. either by borrowing of it here , or in Forain parts . Therefore this is the first Security that is ●endered to you now , that money is a borrowing in Parts beyond the Sea ; that Mony that is so borrowed , shall goe on towards the repayment of this , what ever it is that shall be lent . But besides this Publike Faith , there are divers wayes visible how this Publike Faith will bee dis-engaged , that is , by the Sequestrations , for there is an Ordinance of both Houses for 30000 l. to be raised for them out of the Sequestrations . Now this shall not need to discourage any that so little hath bin raised out of the Sequestrations hitherto , for the Houses have been preparing the businesses a great while , and now Michaelmas is come , all the Rents are ready , within few weeks to bring it in ; that is for so much . Their comming in , it gaines Newcastle , the gaining of Newcastle gaines a great masse of Coales that are there ready already , when they come in ; and out of that there will bee likewise an Annuall or a Monethly payment of the Coales , for the dis-engaging of those that shall lend this summe . Besides , when they come in , if they cleare those Countrys , wee know how full of Papists , & how full of Prelates , those Northern Countreys are , as York-shire , but especially the whole Bishoprick of Durham , a whole County , Northumberland , Cumberland , &c. full of Papists , full of those of the Prelaticall party , full of Malignants , when they come in , those parts are cleared , they will be free for three whole moneths , and ten dayes , for the dis-engaging of this , ( which I forgot to tell you before what the Scots are to doe for this 100000 l. ) for they are to bring in their Traine of Artillery , their 21000 Horse and Foot , they are to continue three moneths and ten dayes in your Service , after they come into your Kingdome , after the payment of this 100000 l. so that there is full three moneths and ten dayes for these Counties to lie open to the repayment of this Mony ; for those three moneths they are to be without pay . These are the principall things , that wee have yet thought upon for the dis-ingaging of us , that wee tender to you ; there are divers others , which the Committee hath taken into consideration , which they see as much or more certainty in , than in any of these that hath been propounded ; If it were no more than the Publique Faith of both Kingdoms , as long as the Kingdoms subsist , or the Cause thrives in the hands of one or other , this must bee dis-ingaged , so that at best it is but a Loan , and must bee paid if the Cause survive , truely , if it doe not survive , it being our Religion , I know not what reason wee have 〈◊〉 desire to survive it , and if wee lose it , I am sure wee lose all . Truly Gentlemen , thus , I have but one word more to say ; The Cause it is Gods , if it bee not so , let us repent that ever wee medled with it ; It is the Cause of our Countrey , if it bee not so , let us now say , wee repent , and leave it ; It is the Cause of these three Kingdomes , England , Ireland , and Scotland , it is the Cause of Christendom , for if this Cause be carryed against us , certainly the Protestant Cause throughout all Europe , will fare the worse for it : this is the Cause , & this we all know to be the Cause . It hath pleased Almighty God out of his Providence to call even us poor creatures , to be the managers of this great cause of his , we have undertaken it , we have formerly by our Protestations engaged our selves to the maintaining of it , wee have all of us , both Parliament , City , and all well-affected Subjects , of this Kingdom , wee have put our shoulders to it , wee have of late manifested to God and all the world , that wee doe not repent of what wee have done , wee have entred into a Solemn League and Covenant ; I think the solemnest that ever was seen in this Kingdom , Gentlemen thus , let our cheerfulnesse in this service shew , that wee have taken that Covenant , and doe affect this businesse , with our whole hearts ; I have done , Pray God give his blessing . Mr. Edmond Calamy his speech in Guild-hall on Friday the sixt of October , 1643. Gentlemen , YOU have heard a worthy Gentleman of the House of Commons , it is desired by this grave and Reverend Assembly of Ministers , that three of the Ministers of this Assembly , should likewise speak unto you concerning this great businesse , and notwithstanding my indisposition of body , being required by them , though that Gentleman of the House of Commons hath spoken so abundantly to the purpose , yet notwithstanding I am here come to speak something , the rather to declare my willingnesse to appear in this Cause , that is every way so just , and every way so honest , and so good , that I may truly say , as the Martyr did , that if I had as many lives , as I have haires on my head , I would bee willing to sacrifice all these lives in this Cause ; You know the story of Craesus , that though hee never spake in his life , yet when hee saw his Father ready to bee killed , it untyed the strings of his tongue , and then hee cryed out , that they would not kill his Father ; you are not ignorant that England and Ireland lye a dying , and though I never appeared in this place , yet I blesse God that hath given mee that health , this day , to speak something in this Cause , for the reviving of the dying condition of England , and Ireland ; It is such a Cause as is able to make a very Infant eloquent , and a dumb man to speak that never spake in all his life ; The matter I am desired to speak to , is , concerning the Contribution , to perswade you to bee liberall towards the bringing in of the Scots , to help us in this our great necessity ; The truth is , it is a great shame that England should stand in need of another Nation , to help it to preserve its Religion and Liberties : That England , that hath been enriched with the Gospel of Peace , and the peace of the Gospel for so many yeers , that England , that hath been blessed with so many rare Ministers of God , so many precious , and powerfull servants , that have preached the Word of God in season and out of season ; that England , that hath professed the Gospel with so much power and purity ; that England should stand in need , of the help of their Brethren of Scotland , for to preserve that Gospel that they have professed so many yeers ; I confesse to mee it seems a very strange Prodigie , and a strange wonder ; but it hath pleased Almighty God for the sins of England , for our great unthankfulnesse , and for our unthankfulnesse under these means , and for the great blood-guiltinesse , and Idolatry , and Superstition of this Nation , it hath pleased God to suffer a great part of the Kingdom , to bee blinded , especially those parts , where the Word of God hath not been preached in a powerfull manner ; and there are many in the Kingdom , that will not bee perswaded , that there is an intention to bring in Popery , and to bring in Slavery ; Many of them ( I say ) think that though the Popish Army should prevaile , and the plundering Army should prevaile , yet they think all would goe well with Religion , and with their Liberties ; I say , it hath pleased God to suffer abundance in the Kingdom , to bee blinded with this opinion , out of a just judgement to punish us for our unthankfulnesse , and for our ingratitude ; and this is the reason that so many men stand Neuters , and that so many are Malignants , and disaffected to this great Cause , in so much that I am concluded under this , that there is little probability to finish this Cause , without the comming in of the Scots ( as you heard so worthily by that Member of the House of Commons ; ) The sons of Zerviah are grown so strong , what through our fearfulnesse , what through our covetousnesse , what through our malignity , that there is little hope ( I say ) to finish this great Cause , or to bring it to a desired peace , without the help of another Nation , and by the assistance of God , by the help of another Nation it may be done ; These are two mighty , two omnipotent Arguments , to prevaile with you to contribute your utmost aide and assistance to that Cause ; since it cannot speedily bee done without their help , & by Gods blessing , it may speedily be don by their help . What would the Kings party doe , if they could engage another Nation to their help ? 21000. if they could engage them to our ruine ; what would they not doe ? How much more should wee be willing to contribute our greatest help to engage a Nation , that indeed is part of our own Nation , within the same Island , and our Brethren , so faithfull , and so well affected to this Cause , what should wee not bee willing to doe to ingage so great a party ? I would intreat you to remember , that it is not many yeers agoe , since our Brethren of Scotland came hither into England , in a warlike manner , and yet with peaceable affections , and that you would reminde your selves , what good they did to you , when they were then in England , they were the chiefe Causes of this Parliament , that now wee doe enjoy , and of all the good that hath been reaped by this Parliament ; ( as you may well remember ) By their comming in you know this Parliament was procured , and their second comming in ( through Gods mercy ) may bee a means to confirm this Parliament , and to establish it , and to uphold it in its dignity , and in the priviledges of it , and to keep it from being ruined ; and if the Parliament bee ruined , you all well know that our Religion , and our Liberties are ruined , for the Parliament is the great Conservatour of Religion and Liberties ; and I may truly say , as you know Caligula did once wish , that all Rome were one neck that hee might cut it off at one blow ; They that intend to ruine the Parliament , they ruine your Religion and Liberties , & all England at one blow ; Now ( I say ) as their first comming was a meanes to produce this Parliament , so their second comming in ( through Gods blessing ) may bee a means to establish it , and to confirme it ▪ And when they were here , you know how faithfully they carryed themselves , and when they had done their work , how willingly they went away without doing any hurt , and I doubt not of the same faithfullnesse , nay , you ought all to beleeve , that they will likewise , when they have done the worke they are called too in England , they will likewise with the same faithfullnesse depart , for it is Religion that brings them here , and the same Religion will make them willingly leave us , and goe home to their owne Countrey , when they have done that worke for which they came . I am assured that the great hope at Oxford is , that they will never prevaile for the petting of Money for to bring them in ; and if they once see the matter of Money effected , and if they once heare of the Scots comming in , it will worke such a terrour there , as I am assured , that it will ( through Gods mercy ) produce a notable complyance of that Party with the Parliament for an effectuall peace , such as all the godly of the Land shall blesse God for . I foresee there are many Objections that may be brought to hinder this worke , many mountaines of opposition that will lye in the way : And likewise that the Malignants will bu● many things in your eares , if it be possible to put some great rub in the way , to hinder the effecting of this work , but I hope , the love you have to God , and to your Religion , and to the Gospel , and to yours wives and children , will swallow down all these objections , and conquer them all ; I le name some few objections , and give you some short answer . Some it may bee , will put you in minde , to call in question the lawfulnesse of contributing towards the bringing in of the Scots to this Nation ; But for this , I le give you an easie answer , Certainly Gentlemen , it is as lawfull for the Parliament to call in our brethren of Scotland to their help , as it is lawfull for mee , when my house is on fire , and not able to quench it my self , to call in my neighbour to quench my house , that is ready to burn down ; The Kingdom is all on fire , wee are not able with that speed to quench it , as wee wish , wee call in our brethren in Scotland to help us to quench the flames that are kindled among us ; It is as lawfull as it is for the Master and Marriners of a Ship , when it is ready to sink through a mighty Tempest , to call in other Marriners to help to keep the Ship from sinking ; It is the condition of our Kingdom now , it is ready to sink , and it is our desire that our brethren of Scotland would come in to our aide , to keep it from sinking . Others it may be will object and say to you , it is rebellion , especially to call in another Nation to your helpe . But I beseech you give me leave to put you in minde , that when the Scots came last into England , there was a Proclamation out against them , wherein they were called Rebels , and there were prayers to bee said in our Churches ( as you well remember ) in which we were to pray against them as Rebells , and there was Money likewise contributed then , for to hinder their comming in , and to raise an Army to drive them out of the Kingdome , and I doubt not but you may remember , all the ill-affected did contribute Mony to keep them out of this Kingdom , and from tarrying in ; but it pleased Almighty God through his great mercy , so to change and alter the state of things , that within a little while , the Nation of Scotland , even by Act of Parliament , they were proclaimed and made the true and loyall Subjects of the King , and in those Churches in which they were prayed against as Rebells , even in those very Churches , they were pronounced the good Subjects of the King ; this I doubt not but you remember , & I doubt not , but through the mercy of God , the Lord raising up our hearts , I doubt not but the same effect , will come of their second comming into this Kingdom ; and they that now tell you they are Rebels , and you do an act of Rebellion , in the contribution to the bringing of them in . I doubt not but you shall see an Act of Parliament to call them his Loyall Subjects , ( wherein I hope our King will concurre with his Parliament ) and likewise Prayers made ; nay , a day of thanksgiving , as was after their first comming , a day of Thanksgiving for the mercy of God , in stirring up their hearts to be willing to come unto our help . But it may be some others will object and say , why should we that are Ministers , engage our selves so much in this businesse ? to see a Reverend Assembly of grave Ministers to appeare here in so great an Assembly . This it may be , will bee a mighty objection to some , but I beseech you give me leave to give you a short answer did I not think that that that shal be said this day , would mightily conduce to peace , for my part , I would not have been the month of the Assembly ; did I thinke any other way to produce a solid and a setled peace , a Religious peace . I that am a Minister of peace , an Ambassador of peace ; I would not have been a Trumpeter to this businesse this day : the truth is , if you would have peace with Popery , a Peace with slavery ; if you would have a Judas peace , or a Joab his peace , you know the Story , he kiss'd Amasa , and then killed him ; if you would have a peace that may bring a massacre with it , a French peace , if you would have such a peace , it may be had easily ; but if you would have a peace that may continue the Gospel among you , and may bring in a Reformation , such as all the godly in the Kingdome doe desire , I am concluded under this , and am confident that such a peace cannot bee had without contribution towards the bringing in of the Scots , and that is the reason for the promoting of this peace , this blessed peace , that we have appeared here this day : and me thinks ( Gentlemen ) the very sight of these worthy Divines , me thinkes so many Divines , so many Orators , so many silent Orators to plead with you , to bee willing to engage your selves to the utmost to help forward the Nation of Scotland to come to our help . And likewise I would put you in mind of the 10 ▪ of Numbers , there you shal read that there were two silver Trumpets ; and as there were Priests appointed for the convocation of their Assemblies , so there were Priests to sound the silver Trumpets to proclaime the Warre . And likewise in the 20. of Deuteronomy , you shall finde there , that when the children of Israel would goe out to Warre , the sonnes of Levi , one of the Priests , was to make a speech to encourage them . And certainly , if this were the way of God in the Old Testament , certainly much more in such a Cause as this , in which Cause Religion is so intwin'd , and indeed so interlac'd , that Religion and this Cause , they are like Hippocrates his twins , they must live and die together . And ( Gentlemen ) if Religion were not concerned in this Cause , and mightily concerned ; and if Religion did not live and die with it , we had not appeared this day ; And I hope this will be a sufficient answer unto this Objection . But there is another Objection which I will answer , and then briefly give leave to my other Reverend Brethren , that likewise are prepared to speake here . The great Objection of all is this , that the City is already exhausted , and so much Money hath been lent already , that there is no hope of lending any more ; this is the grand Objection , But truly ( Gentlemen ) for my part , this is one of the chiefe Arguments I have to perswade you to lend a little more , because you have lent so much : give me leave to put you in minde of that Story , in the 2 Kings 13. the Story of King Joash , that came to visit the Prophet Elisha , when he was ready to breath out his last , the Prophet Elisha gives him a bow and arrows , and bids him shoot , hee shootes , and bids him smite , hee smites the ground thrice , and then he ceased , the Prophet was exceeding angry with him , and tells him , you should have smote the ground 5 or 6 times , and then you should have utterly consumed the Assyrians , whereas now you shall smite them but three times . Give me leave to apply this , Gentlemen , you have smote the ground thrice , you have lent once , twice , and thrice , indeed you have been the fame of England , and the Repairers of England , and the Ornaments of England , you have lent much , but let mee tell you , you must smite the ground 5 or 6 times , if ever you look to consume the Assyrians , if ever you look to bring this Warre to a happy Peace , that your posterities may rejoyce in this Peace , you must shoot one arrow more , and then through Gods blessing , you may utterly consume these Enemies , that you and your posterity may rejoyce in a happy peace ; It is a famous story of Johannes Eleemozinarius , that when hee had given even almost all hee had to the poore , his friends were exceeding angry with him , and told him hee had undone himself , what was his answer ? O ( saith hee ) I have not yet shed my blood for Jesus Christ ; Jesus Christ hee emptied himself of his Divinity , to make us rich , hee became poore , and shed his blood for you ; You have not yet made your selves so poore as Jesus Christ was , that had no house to lodge in , and he did all this for your sakes ; You have not yet shed your blood for the Cause of Christ ; Wee read that Moses was willing to bee blotted out of the book of life , for the Cause of God ; and wee read of Paul , that hee was willing to bee accursed , for the people of Israels sake ; And will you not bee willing to venture your earthly provisions for so good a Cause as this is , which ( I say ) England was never engaged in the like . Religion hath produced all the wealth you have , all your wealth is but the childe of Religion , wee have a saying , Religio peperit divitias , & divitiae devoravunt matrem ; Religion hath begot wealth , and the Daughter hath devoured the Mother ; & ●●lia devoravit matrem ; but give mee leave , and I hope ( through Gods blessing ) you will invert this saying , Religion hath got you all the wealth you have , you Gentlemen , and I hope the Daughter now will preserve the Mother ; I hope Riches will preserve Religion , and not destroy Religion . A famous example of Polan●● Noli●●● , that when hee had given all that hee had away , and being asked , why hee would give so much to the poor , hee gave this answer , V● levi●● ascenderem s●alam Ja●c●i , that I might the easier get up Jacobs ladder ; And let mee assure you , in the word of a Minister , the contributing to this Cause for Gods sake , and for the glory of God , and for the peace of the Gospel , ( I say ) will bee a means to make you the sooner ascend up Jacobs Ladder ; not for the giving of the money , but for the evidence of your Faith , through the merits of the Lord Jesus Christ , by your giving of the money ; And certainly that man will never get up Jacobs Ladder , that hath the ●ust of his money to ●●ar witnesse against him , at the day of Judgement , especially at such a time as this . Give mee leave to put you in minde of one other story , and that is of one Bernardinu● 〈◊〉 that was so liberall to the poore , that every penny that hee gave to the poore , hee would call it a holy penny , and a happy penny ▪ and hee would blesse God ▪ that hee had that penny to 〈◊〉 indeed hee was a Papist , and his ordinary speech was , O happy penny , that hath purchased immortality to mee ; indeed this speech was not good , for it is not our money that doth purchase heaven , that is an evidence of the truth of our Faith , that layes hold upon Christ for salvation ; But let mee tell you , if ever ( Gentlemen ) you might use this speech , O happy penny ; you may use it now , Happy money that will purchase my Gospel , happy money that will purchase Religion , and purchase a Reformation , to my posterity , O happy money , and blessed bee God that I have it to lend . And I count it the greatest opportunity that ever God did offer to the godly of this Kingdom , to give them some money to lend to this Cause ; And I remember in this Ordinance of Parliament , you call it Advance money ; It is called an Ordinance to advance money towards the maintaining of the Parliaments forces ▪ and truly it is the highest advance of money , to make money an instrument to advance my Religion ; the Lord give you hearts to beleeve this . You shall have the Faiths of both Kingdoms ingaged in this Cause , the Kingdom of Scotland , and the Kingdom of England , and surely the Publique Faith of Scotland will secure the Publique Faith of England ; I speak now of secondary causes ▪ through Gods blessing . I am informed by the Commissioners of Scotland , that the Nation of Scotland are now taking the Covenant , ( that wee took the last Lord● day in this City ▪ ) And you know that a Scotch Covenanter is a terrible thing ; you know what mighty things they did , by their last Covenant ; you know that the name of a Covenanter , the very name of it , did doe wonders ; And I am assured by them , that there is not one person in the Kingdom of Scotland , that is not a Covenanter , and there shall not one abide among them , that will not take this Covenant , and there shall not one of those 21000 that are to come over in this Cause , not one of them shall come , that will not take this Covenant , but they must take this Covenant before they come ; O that the consideration of these things , might work up your hearts to a high degree of Charity , to a superlative degree , and that the Lord would make you more active and more liberall in this great Cause ; For my part , I speak it in the name of my self , and in the name of these 〈◊〉 Ministers , wee will not only speak to perswade you to contribute , but every one of us , that God hath given any estate to , wee will all to our utmost power , wee will not only say it● , but v●●ite , wee will not only speak to you to lend , but every one of us , as wee have already lent , so wee will lend to our utmost power , and blesse God that wee have it to lend ; for indeed it is now a time of action , and not of speaking only , because it is an extraordinary businesse , therefore here is an extraordinary appearance of so many Ministers , to encourage you in this Cause , that you may see how reall the godly Ministery in England , is unto this Cause . The Gospel it is called a Pearl of price , by our Saviour Christ , and I hope all you Merchants , will part with your goodly pearls to buy this pearl of price ; You Tradesmen , the Gospel is called a Treasure hid in the field , so our Saviour Christ calls it , I hope you will bee willing to part with your earthly treasures , to preserve this blessed treasure , that is hid in the field ; you have parted with some goodly pearls already , I hope you will part with your other goodly pearls : There is an excellent Story of one Nonlu● a Roman Senator , that had a pearl that hee did prize above his life , and when Anthony the Triumvir , one that was then in great power , when hee sent to N●nius to have the pearl , hee would not send it him , and hee told him , that if hee would banish him , hee would bee willingly banished , so hee might save his pearl , if hee would take away his life , hee would dye with his pearl ; hee did not regard his Countrey , so hee might have his pearl ▪ hee regarded nothing , so hee might have his pearl ; but hee would not part with his pearl , what ever hee parted withall ; This pearl it is the Gospel of Jesus Christ , that you have professed in this City , and I hope you have professed it with power ; and certainly , you have the name of those that have professed the Gospel in the greatest purity of any under heaven ; This pearl is this Gospel , I hope you will part with all willingly and cheerfully , rather than part with the Gospel , though you goe to prison , carry the Gospel with you , nay , though you lose your lives , ●t shall bee with the Gospel , and for the Gospel ; I hope so . There is one Argument more , and then I have done , and that is from the inveterate hatred they have at Oxford , against the City of London , and against you for your good , because you have been so well-affected to this Cause . Gentlemen , I beseech you give mee leave ( that am no Statesman , not acquainted with the affaires of policy , yet give mee leave ) to put you in minde of this , that surely the plundering Army at Oxford conceive that they shall finde a great treasure here in the City , though many pretend they have no money ; Though certainly you have done well , and lent much , yet the plundering Army give out , that if they get possession of the City , they shall finde a treasury to bee able to pay all they have been at : And if ever you should bee driven ( which God forbid ) to make your peace , it would cost you twenty times as much then to procure your peace , and such a peace it may bee , that would bee rather a Warre than a Peace , and a death better than that peace , which now you may have for a very little , a most happy Peace . There is a famous story of Zelimus Emperour of Constantinople , that after hee had taken Aegypt , hee found a great deal of treasure there , and the Souldiers came to him , and asked him , what shall wee doe with the Citizens of Aegypt , for wee have found a great treasure among them , and wee have taken their Riches ? O ▪ ( saith hee ) hang them all up , for they are too rich to bee made slaves ; and this was all the thanks they had for the riches they were spoyled of ; And it may be● , though some of you that stand neute●● , or some of you that are dis-affected to the Cause of the Parliament , may think that if the Lord for our sins , should give up this City unto the Army that is with the King , you may think that you shall escape , yet bee assured that youngoods will bee Roundheads , though you bee not , your goods will bee Gybalins , though you bee Gwel●s , as 〈…〉 is ; Certainly , there will bee no distinction , in the plundering of your goods , between you and others ; and therefore let mee beseech you , that as the Lord hath made you instruments to doe a great deal of good already , for indeed you are the preservers of our Religion , and you are the preservers of our Parliament , by your liberality , and by your former contributions , and by your assistance , and the Lord hath made you mighty instruments of our good , let mee beseech you , that you would persevere , and now wee are come to the Sheat Anchor , wee are now come to the last cast , I beseech you , you would persevere , and hold out ; and O that my words might adde somewhat to help forward this contribution ! It hath pleased God to make mee a setled Ministery in this City , and I have now been here almost five yeers in this City , and though I had never done any good in my place , I should now think it a great fr●ite of my comming to this City , if after five yeers unprofitablenesse , I might speak somewhat this afternoon , that might enlarge your hearts to a greater measure of liberality ; All I will say is this : Wee Divines say , that Perseverance is the only grace that Crowns a Christian ; Methushelah lived 999 yeers , if hee had fallen away from Grace , at the 999 yeers end , all the good that hee had done before , had been quite forgotten ; I know that God will so uphold his children , that they shall never fall away , but I bring it as a supposition , that suppose that Methushelah had forsaken his righteousnesse , all hee had done before , had been quite forgotten ; but God hath made a promise , never to forsake his Children , and that grace hee hath begun in them , hee will finish , and I doubt not but that God , that hath put it into your hearts to be● so liberall already , and to doe so much in this Cause , and to bee so cordiall , and so reall , and to exceed all other parts of the Kingdom , I hope that same God now will finish that good work hee hath begun , and will crown all his graces in you , with the Grace of Perseverance ; and that God that hath been the Author of all the good you have done , I doubt not ; but that God will bee the Finisher ; And I beseech God to give a blessing to that hath been spoken . Mr. Jeremiah Burroughes his speech in Guild-hall on Friday the sixt of October , 1643. Gentlemen , PRovidence hath cast this Assembly , met for such a weighty occasion ( as indeed it is the weightiest , that hath concerned England in our age ) to bee late , and so perhaps wearisome to many of you , but you may well bee content to stay a while , although you should bee deprived of a great part of your sleep this night , if this Evenings businesse may have the hoped successe of it , it may make you sleep quietly and securely many nights after . Things of present and absolute necessity , call for action , not deliberation ; this work that you have been called unto , is such , as you must leave objecting against it , and rather fall a blessing God , that you may bee used in it ; In the 1 of Chronicles 22. 14. When David and the people had come and offered of their estates freely , and bountifully ; David hee humbles himself then , Who am I ? and who are wee ? It were happy if you come all with such an humble frame of spirit , to admire that God preserves your lives , and calls you at this time to such a work , so concerning his glory , and the good of three Kingdoms , yea of the Christian world ; If ever you that have estates had cause to rejoyce in them , then now when God presents such a large opportunity for his service as hee loth ; and wherein consills mans happinesse , but in being serviceable in his generation ? In these dayes to bee acted by that poore , ●ow principle , Qui bene lotuit , bene vixit ; that is , let us keep our selves safe , and quiet , keep our estates , take heed of appearing too farre , wee know not which side may prevaile ; this is an argument of a vile and a sordid spirit ; let such a mans name bee writen in the earth ; Unworthy is such a man to live in such a Generation as this , in which God is doing such great things , as might enliven the deadest heart , quicken the dullest spirit , raise the heaviest , and inlarge the straitest spirit living upon the earth ; In former times indeed there was lesse charge called for , there was lesse trouble , but there was lesse service too , and what doe you think to bee the measure of a mans happinesse , either little trouble , or much service ? A gratious heart thinks it as great a mercy to lay out for God , as to receive from God ; God in these our dayes is risen on high in his administrations , and our hearts should rise together with him ; Psalm 105. 4 , 5. Thy mercy O Lord is above the heavens , and thy truth reacheth unto the clouds ▪ what followes ? bee thou then exalted , O Lord , above the Heavens , and let thy glory bee above all the earth ; This day Gods name , Gods great works they are above the heavens , they are very high , wee behold them , let our hearts rise in a suitable way , as God rises in his workings , and all say , and doe as wee say , that God may bee exalted now above the heavens indeed . God can doe his work without you , and doe it certainly hee will , howsoever , but seeing hee is now laying a foundation of the most glorious building , that it is like ever hath been in this world , if hee shall bee pleased to call you to bee helpfull in it , it will bee Gods mercy , and your glory ; Were it that this one principle were raised in the hearts of people , that to doe publique service , it is not onely a duty , but a dignity , how ready , how abundant then would men bee in the Work of the Lord ? There hath lately been the most blessed union of two Nations , as ever was in the world , lifting up their hands to the high God , swearing that they will amend their wayes , and seek to reform themselves according unto the Word , let us now reach forth our hands and hearts , unto our brethren in Scotland , let us come up fully unto this our engagement , and rejoyce in it , for certainly that Nation is a Nation that God doth love , a Nation that God doth honour , and by those many expressions of his love , shewed that hee doth intend to make them speciall instruments of the great things he hath to doe in this latter age of the world ; It is a Nation that is united the most firmely of any people under heaven , Wee may truly call it a Philadelphia , and Brightman ( that famous light in former times , 30 or 40 yeers since ) did parallell the Church of Philadelphia with the Church of Scotland ; Philadelphia signifies brotherly love ; When was there ever a Nation , such a Church , that joyned together in such firm Covenants as they have done ? had wee had the like union amongst us , O what great things had wee done long before this time ? A Nation it is that hath engaged it self to God in a higher way , in a more extraordinary way , than any Nation this day upon the face of the earth hath done ; in the most solemn way Covenanting with the eternall God , powring forth their prayers , and their tears for joy , together with their Covenanting ; A Nation that hath reformed their lives for so small a time more than ever any people that wee know of in the world have done , and a people that have risen up against Antichrist more in another way , than ever people have done , and that is the great Work of God in these times , and therefore God certainly hath a love unto them , because they breake the ice , and begin the work , and arise in such a way as they doe for the pulling down of that man of sin . A Nation that God hath honoured by giving as glorious successe unto , as ever he did unto any ; whose low and meane beginnings hee hath raised to as great a height , as ever low beginnings in any Countrey were : How hath God dissipated and biasted the Counsells of their adversaries ? how hath he discovered all their Treacheries ? although they be in themselves ( comparatively at least ) a poor people , and of little strength , ( as the Church of Philadelphia was ) yet they have kept the word of Gods patience , and God hath kept them in the houre of temptation ; God therefore is with them : ( How happy should we bee , if we may have them in a neare union with us ? ) And a people that have carryed themselves with as great honour and faithfulnesse , with as great wisdome and order in the most difficult worke that ever a people did undertake , in those by and intricate paths that were before uncrodden . Certainly that they undertooke at the beginning of their wor●e , but a few years since , it could not but be looked upon with the eye of reason , as the most unlikely worke ever to have proceeded , as any work● hath ever done , and yet how hath the Lord been with them , and with what wisdome and graciousnesse have they carryed it ? Was there ever such an example since the world began , of a people comming out of a poorer Countrey , into a fat and richer Countrey , and having those opportunities that they had to enrich themselves to goe away so as they did ? ( their greatest enemies they now admire at them . ) A people they are that began to rise for their Liberties , when the generality of this people here , were ready basely to bow down their backs , and put their necks under the yoke : and had it not been that they had been willing to have endured the brunt , we had all been slaves ( it is like ) at this day . A people that are exceeding sensible of our condition , witnesse that when our Letters from the Reverend Assembly came unto them , they received them with teares , and much meltings of spirit , in their Generall Kirke Assembly ; witnesse their readinesse and willingnesse to come now , though in winter season , in times that wee dare not venture our selves abroad ; witnesse the temptations that they have had unto the contrary , and yet carryed through all . They now desire 100000 l. what is this to 300000 l. in pay ? what is this to five Counties ? what is this to the plunder of a whole City ? what reasonable termes doe they proffer to come among you ? doe but give them 100000 l. advance , and they engage themselves for three moneths and ten dayes , and in the winter time to be in the Kingdome , not to have a foot of Land granted unto them , or assured them , but willing to depart againe without any more , when they have done their worke ; this certainly cannot but satisfie any spirit that is never so malignant , at least it may stop his mouth . A Nation it is that wee are engaged unto likewise , that that now is desired of you , is no more indeed then is their due , it is due already to them , but they desire it not in that way . Wherefore shall such an opportunity as this is be lost for want of Money ? God forbid ; shall a people to whom God hath given such testimony of his acceptance , be rejected by us , when they would come in and help us ? Their Liberties are setled , why they , though on the other side of Jordan , they are not therein satisfied , to sit still , but are willing to come themselves , and come into the brunt , and hazard themselves , for the setling of their brethren in the inheritance of the Lord likewise . And it is not only the number of those that shal come in ●1000 that is our advantage , but the great busines is , the ingagement of a kingdom , the incouragement of such a Kingdom , that God hath given such testimony to , that that Kingdom shall be by this everlastingly engaged in what is deare unto us , in our peace and our security , that is the advantage of all . And as the Lord hath a delight in this place , in this Nation , he hath no lesse surely in this renowned City ; this City whom indeed our adversaries have found out nick-names for , and call it the rebellious City , ( as formerly Rehum the Chancelor , and Shimsbai the Scribe , Ezra 4. called the City of Jerusalem ) but God hath other names for you , it is the City of the Lord of Hosts , it is the faithfull City , and God hath much mercy certainly for this place . There is no City in the world , that hath such a cloud of incense of prayers goe daily up to heaven ( I verily believe ) as doth from this City . Yea , put all the Cities of the earth together , I scarce thinke that God is so much honoured in family duties in them all together , as he is in this place . A City that hath had the powerfull preaching of the Gospel , beyond all Cities upon the face of the earth ; and the Ministers of it receiving more encouragement here , then they have done in any other parts of the world . A City that hath more of the power and life of godlinesse , then any place yet upon the face of the earth ; surely God intendeth good to this City , and doth likewise delight in it , and he hath great things for this City to do , and great mercy to bestow upon them . You have been the bulwark of that honourable Assembly in both Houses of Parliament , you have been their safety , you have been their assistance , their lives have been preserved by you , and God will remember it another day , and hee hath mercy in store for that labour of your love , and that hazard that you endured in that thing : You have been the refuge of the banished Ministers , and Saints of , God in most parts of this Kingdome , and in Ireland , and the blessing of those that are ready to perish , it is much upon this City night & day . Never did the Lord stir up so many young ones , as he hath done in this city at this time , that promises great mercy , that speaks aloud to us , that God intendeth to do great things by them . Never was there so many godly ones , or more , ( to speak with modesty ) together in place of power in this City , then there is at this day . You have the blessing of all the prayers of all the servants of God throughout this Kingdome , Parents shall teach their children to blesse God for London , as long as they live , yea for many generations , when they have any fruit by the Gospel , they shall teach their children to acknowledge it to the glory of God ; children thanke God for London , thanke God that ever you heard of Christ , had it not been for the forwardnesse , the zeale , the activenesse of the Spirits of those in London , you had never come to enjoy these Liberties of the Gospel , as now you doe . And now shall this City withdraw themselves from such a noble and great work of God , as they are called unto at this time , and let it fall because of them ? for it is in your power , either to raise it , or to let it fall , ( that is the English of it ) it is in your power now , either to save us , or to undoe us , and shall this be let fall now out of love of Mony ? shall I say , Let the Mony of those men perish with them ? No , I came not hither to threaten , but to perswade ; consider that the mercies that you have from Christ , cost Christ more then money ▪ they cost Christ his deare heart bloud : Who is it that raised your estates more then others ? have not many of you come hither low , as Jacob , with your staffe to this City , and now behold these bands , this estate ? who knows but that you are raised for such a time as this ? Have not you engaged your selves many times in prayer to God , when first you entred into Covenant to God , did not you give up all your estate then to God , to bee employed in his Service , God cals for his due at this time from you ? Oftentimes upon your sick beds , and death beds ( in your apprehension of death , that they would have been death beds ) you have then given up all again to God , and vowed that if God did raise you up , you would live to his service , you would employ your strength in his Service . God calls for all those vows , you have now an opportunity to fulfill all those vowes : And seeing providence hath cast it so , that a Reverend Assembly of Divines , hath appointed us to speake thus unto you , give us leave to speak in the name of God unto you , and to call upon you in the name of God ; for the fulfilling of all the vows that you have made upon your sick beds , to give up your selves and your estates for the service of the Lord : And know that if you shall keep your estates otherwise then God would have you , it will be to you as the Manna was to the Israelites , they kept it longer than they should , and there was wormes in it ; 〈◊〉 that was preserved no longer than Gods time , was sweet , but that that was kept afterwards , it had wormes breeding in it ; Your estates you have now , you must not think will alwayes bee so sweet as they have been unto you , if you preserve them longer than God would have you , there will wormes breed in them , yea the curse of God will bee in them . Have not you s●nt up many prayers to God , for this great Cause , that God would blesse it ? ( I appeal to you ) then you have engaged your selves to Heaven by all your prayers ; therfore I beseech and intreat you now , by all the prayers you have made , ( as before by your vowes , by all the prayers you have made ) upon your Fasting dayes , that God would preserve his Cause , that you would now doe as much as in you lies , to maintain his Cause , otherwise how doe you trifle with the great God , and mock him in your prayers , that you seek to him to maintain it , and when there is an opportunity in your hands , you will not doe wh●t lies in you . It may bee you will say , w●e have done much already ; Wee acknowledge it , and blessed bee God for it , but know the Cause is a great Cause , and it is a great God that you doe for ; Philo Judaeus tells us , it was enough among some heathenish people , but to say to them , Libertas agitur , the businesse is your Liberty , that is afoot , enough to venture their estates and lives ; It is not Liberty alone , but Religion ( as you have heard : ) But because some may perhaps cast such a scruple into your mindes , a● we have heard of it ; That what warrant have wee to take up Armes to maintain Religion ? that is not at present to bee discussed , but only this , to satisfie and stop all their mouths with one word : Thus farre none can deny it , but it is lawfull to take up armes , to maintain that civill right wee have to our Religion , and this wee doe ; For wee have not onely a right to our Religion , by the Law of God , but wee have a Civill right to this our Religion , that other Christians have not had , and therefore there can bee no scruple in this , to retard you in such a work as this , you have done much , but a gratious heart will ever think what hee hath done for God , it is but poore and low ; That example is famous of David , that had done so much for preparing the Temple of God , in the 1 of Chronicles 22. 14. It was 1000000 talents of silver , and 1000 talents of gold ; which some compute a matter of 33 Cart loads of silver , allowing 20000 livre. to every Cart load , and 70 millions of French Crowns of gold , this David had done preparing but for the house of the Lord , and yet hee saith that out of his poverty hee had done all this ; all this was but a poor and low thing for him to doe in comparison of the great God ; why , have you done more then this ? therefore seeing it is for the high God , you have done it , look upon what you have done , but as low , and still goe on in the work of the Lord ; You have done much , and so have the adversaries too ; Wee would have you to weigh this , that the adversary hath been at as much charge , as you have been , as bountifull and free as you have been ; in the 46 of Isaiah 6. Wee read that the Idolaters did lavish out their gold upon their Idols , yea , they lavished their gold out of their bagges : Certainly , our adversary hath felt the burthen of this , and hath been at the charge of it , as much as you ; You have done much , but yet you have not gone in a good work so farre as a Herod hath done ; Josephus in his 15 Book of Antiquities , and about the 12 Chapter , tells us of Herod the King , that in the time of scarcity , hee sold away all his moveables , all the plate that was served to his table , and fetched corn from Aegypt , and bought it for the poor , and cloathed them , yea , and gave seed corn to the Assyrians his neighbours ; Why now , in this our Kingdom , wee may see much Plate still at many Noble mens tables ; yea , at many Gentlemens tables , a great deal of Plate reserved , they have not sold all their moveables , and Plate to give away ; it is but a proportion of their estates , and but to lend upon so good security . And take this one consideration further , your having done much , is a mighty preparation , to make your doing now to bee formidable to your adversaries ; for what is the hope of your adversary ? but that you are drawn dry ; They triumph in this , and they tell the world , that there must bee such petty wayes , to seek to the City , to get petty summes of money , and all is even gone , and therefore wee shall have them to bee a prey ere long ; but when they shall see , that after so much hath been expended here , that you have such free spirits , and to come out still abundantly with further treasure , this will more daunt their hearts ; this 100000 livre. will daunt their hearts more than 2000000 li. before hath done ; If you say , why doe wee doe all ? What if God will give the City , the speciall honour , yet the Countrey will bee required for a great part besides ; but the Lords work now to bee done , it must bee done especially by his servants ; and wee know in Ezra , when as the adversaries of Judah would have come and helped in the work , they would not suffer them to come and help in the work ; I say not , wee should doe so ; but onely to satisfie ●s in this , that wee should not think it much , that God should especially honour us in such a work as this is ; But yet besides know , that your interest in this businesse , it is more than the interest of other men ; for other men care not what becomes of Religion , what care they for Reformation ? they are willing to bee slaves to some , that they might have others slaves under them ; But you desire Reformation , you therefore shall have the greatest share in the blessing of the issue of this work ; and therefore if others doe not so much , yet you should bee willing to bee forward in the work you are now called to ; and if you bee willing , it is like in a little while , you may get such power , that you may bring others to doe whatsoever may appear to bee just ; If it shall bee said , I , but a great deal is done , but to little purpose all this while ; O ( my brethren ) say not so , it is an unthankfull voyce , this , for much hath been done , there hath been a check given to the adversary , the stream of tyranny and slavery , it hath been stopped , your lives have all this while been preserved by what hath been done ; If you think , but it is too late , and all will bee lost that wee doe ; Say not so neither , this is below a Roman spirit , the Romans when Hannibal was at their gates , yet would sell their fields at as great a rate , and as great a consideration , as at any other time ▪ Even the field where the Enemy was , found buyers , when it was put to sale , there were enow to buy that field ; Your spirits would scarce rise so high to give a valuable consideration , for the field of your Enemy , to bee Fee simple to your selves ; hee not discouraged , you have not only the Faith of both Kingdomes , ( that hath been offered ) but wee as Divines may offer you this day the Faith of Heaven , the Faith of the promises of Heaven , they are offered to you , and there is nothing will blast that work more than a discouraged heart ; You know that the very thing that caused God to deprive the children of Israel of Canaan , when they were at the borders , it was , because they were discouraged , and said , There are children of Anak here , and let us not go ; The Lord is bringing of us to a blessed 〈◊〉 it is true , wee are in a wildernesse , but wee know God hath brought us into the wildernesse , and hee will speak comfortably to us in it ; and let us not bee afraid of difficulties , lest wee bee deprived of that good Land that God is bringing us into ; and little cause have wee to bee discouraged , for those wee have to deal with , their spirits are base and vile ; why should wee fear those uncircumcised Philistines ? And wee see God hath been with us , in every thing that wee have undertaken ; Wee have never shown our selves like men , but God hath shown himself to be like a God for us . If you say , Well , but were it not better wee bent all our forces to some Accommodation ? To that wee answer you thus : You have to deal not only with his Majesty , but with a Popish party that are about him , and what security you can ever have of your peace , ( as was worthily said before ) except the Scottish Nation comes in for to fasten it , it is easie for any one to judge . I will tell you but one story about that , and because it is suitable unto you , I will therefore relate it here : It is a Story that I finde in the Chronicles , that in the dayes of King Edward the fixt , King Edward sends to this City for assistance against the Lords , and the Lords send to the City for their assistance likewise , against the Protectour , the Earl of Somerset ; and the Common Councell was called , ( I suppose in this place , ) and there stands up , as the story saith , a wise discreet Citizen , in the Common Councell ▪ and makes this speech unto them ; First , hee acknowledges that the cause was right for the Lords , for the Kingdom , though it were against the will of the King , because the King would not then put in execution those Laws that should bee , but hindered them , but yet ( saith hee ) let mee reminde you of that that I have read in Fabians Chronicle , ( it was one George Stadley that stood up , let mee reminde you of that ) when there was a fight between the Lords and the King , the Lords send for assistance to the City , the City granted their assistance , the Lords prevailed , the King was taken , and his Son a Prisoner ; afterwards they were both released upon Composition , and amongst other things , this was one , that howsoever the City should bee preserved , that the City should suffer nothing for what they had done ; and this Composition was confirmed by Act of Parliament , but ( saith this Citizen ) what came of it ? did the King forgive ? No ▪ nor forget , for afterwards all our Liberties were taken away , strangers were set over us , for our Heads and Governours ; the bodies and the estates of the Citizens were given away , and one misery followed after another ; and so wee were most miserably persecuted ; and here was their Accommodation . Wherefore then ( to close all ) you have heard before , that wee come not onely to perswade you , but to ingage our selves as well as to perswade you , and to doe that , that wee would have you doe : For our parts , as wee have in some proportionable manner done it already , so wee are ready to doe it further , and it beseemes us well to doe it ; Wee read in the 3 of Nebemiah , that the first that did help to repair the City , it was the Priests of the City , and about the middle of the City , the Priests of the Plain ; I suppose it is meant , the City Ministers , and the Countrey Ministers , and you shall finde in that Chapter , severall sorts of people were there , there were the Rulers these specially mentioned ; I suppose their chief Rulers , as their Aldermen , &c. they were very forward in that work of the Lord ; Yea , there were the Tradesmen , there you read much of the Goldsmiths , two severall times in that Chapter , you read of the Goldsmiths , more then others , and you read of the Apothecaries , that they were ready in their work ; yea , and you read of the Daughters of men , how they forwarded their Parents ; I would I had to speak to many young ones this day , I hope I should prevail much with them , to bee great forwarders of you that are more ancient , that you may doe this freely , which you are here exhorted to . Have not many of you spent your blood in this Cause , yea , how many young ones in this City have lost their blood ? Mee thinks a spirit of indignation should rise in you , to vindicate the losse of the blood of your Servants and Children ▪ many precious ones , that might have lived many yeers , to have done good service for the Lord ; Even the children of the City , they rise and cry , Hosanna , Hosanna , O blessed is ●ee that commeth in the name of the Lord ! O then l●t old Citizens bee forward , mee thinks Elders should ●ee forward in this Cause ▪ for ●●e thinks they should not think themselves men of this world , In the 17 of John , Christ speaks of himself , when hee was going out of the world , I am not in the World ; and so should you going out of the world , even say , you are not in the world ; and therefore let your close in going out of the world , be a happy close in such a blessed work as this is . And know there shall come a day , wherein you shall bee calling and crying to God for mercy ; the successe of this evenings work will bee recorded against that day , when you shall cry for mercy . I conclude all with applying the words of Jotham to the men of Sechem , in the 9 of Judges 7. Hearken to me , that God may hearken to you : So ( I say ) hearken to that worthy Member of the House of Commons , unto that Reverend Divine before , and to him that shall come after : Hearken unto ●s this day , that God may hearken unto you . Mr. Obadiah Sedgewick his speech in Guild-hall on Friday the sixt of October , 1643. Gentlemen , I Am commanded by the Assembly of Divines , and they by a command from the House of Commons , to bee present at this solemne and publike meeting , and from them to move for that , which I confidently presume is granted already , a helping heart , and a helping hand , to preserve ( O that we must be forced to say so , and yet blessed be God that we are alive to say so , to preserve ! ) our Religion , our lives , and the lives of ours . It is I confesse my happinesse , that I am not to speak unto such who have made our troubles , and that laugh at them , but unto them that see our distresses , & know how to compassionate them : the perswasion is the more hopeful , when the compassion is beforehand afoot : if that honorable Gentleman that spake first , had bin sent with fire to destroy your City , or others with Swords from that grave Senate , to have destroyed your lives , or with armed power to have compelled and plundered your estates ; there I confesse a refusall , nay a contempt had been the most proper answer . But Sirs , their addresse unto you is paternall , it is humble and full of efficacy , it is but to request you to preserve your own lives , it is but to request you that you would not suffer your selves , your wives , your children , your City , your Religion to be destroyed . I confesse that I had prepared divers things to have worked on you ; but they that have spoken before me , have scarce left me any new matter to say , but all ( which I wish with all my heart were wrought in you , as well as in my selfe , nothing lest but ) to doe . The Religion that we have all our lives professed , if it bee not worth thy money , trample it under thy feet : Religion ( brethren ) is an invaluable thing , it is farre above our estates , farre above our lives , nay it is far above our soules . For our estates , the Heathen say so much , That our estates were not to be insisted on , when Religion was in danger , and therefore some of them have according to their imaginary Religion , ( the strength of it ) they have neglected their goods to preserve their Gods ; nay they hare ( as Alvinus did ) neglect his owne wife and children , to take care of that vaine Deity that they sacrificed unto . It is ( I confesse to mee ) a most remarkable thing that Pliny reports , ( and good Gentlemen , let not Heathens exceed Christians , in love either to their Country or Religion : ) You know that Hanniball was a sore enemy to the Romans , and the Romans , when they to maintaine themselves against them had exhausted all their publique treasury ▪ a Consull in the Senate bespake the people that they would all ●ring out their personall estates , ( something like what is this day moved unto you ) it was so instantly , it was so universally relished , that all ●orts of people brought in abundantly , and ( might I give but a suggest unto the grave Senators , that ) the Citizens , and 〈…〉 Senator in Rome , left not himselfe , ( so prodigall was 〈◊〉 for th●●●fety of the publike , he left not unto himselfe ) for to keep himselfe and houshold , above the value of 16 Crowns . O shal heathens be so prodigall to preserve themselves against a Hanniball ▪ & shal not Christians be as carefull to preserve their Religion against Antichrist . Well Sirs , as that which you are desired to expend something of your estates for is Religion , that is farre beyond all your estates , so it is that , that is farre beyond all your lives : For I beseech you what are all your lives for value unto Religion , what will your lives bee to you for comfort , when the Sunne is taken out of the Firmament , and the Gospel is removed out of this English horizon ? if ▪ you should outlive the Gospel , why ( the Lord bee mercifull to you ) what would your lives availe you ? were it not better to make Religion and the Gospel your Executors , then to make Idolaters your Executors ? were it not better to make Religion your Executors , then to make your selves , or your posterities heires of Idolatry ? When Troy was taken , Anchises disdained to take his Sonnes counsell , to save his life : Away ! live when Troy is taken ? And truly ( Friends ) if there bee in any of you , ( a● I perswade my selfe there is in all of you that heare me this da● ) a sense of God , a sense of your soules , a sense of the Gospel of Christ , why you must acknowledge now , that all your comforts are lost , that all your hopes on earth are lost , and all your hopes in heaven are gone , if the Gospel , if that Religion bee gone . Nay , ( as I said at the beginning ) it is that , that no not your soules can stand in competition with ; I confesse the soule of man is a precious thing , it is as the ring of Gold , yet if I doe not mistake my selfe ) Religion is the most precious Diamond in that ring . The busines of Religion , why , it is the salvation of your souls , no lesse then your souls , and higher I cannot speak . And if this will not move you , at this time to lend out your strength , to preserve your lives , your estates , your Religion , that which preserves your soules to eternity , I can say nothing more . But then Sirs observe one thing , there is not onely this dignity in Religion that may challenge all that you are and have ; but there is likewise an efficacy in Religion : It is one of the best Masters , and one of the best Fathers , true Religion is . What you lay out to preserve it , that one day will returne to preserve you . I have ever thought our Religion to be our shield ; and as he said of his shield , so Religion will say to you , Defend me , and I will defend you . It is our shield , why , preserve your shield , you preserve your selfe : O that this large Auditory would but remember two or three things , that I will speake unto you . It is better ( Friends ) to keep your Religion with the expence of all you have , then to keep all you have with the losse of one dram of Religion ; and if you should quit the preservation of Religion , you shall lose in the event , both Religion and your selves too . There will be a double losse ; you may perhaps for the present be at a double cost to keep up Religion , but you shall be at a treble losse if you lose Religion ; you shall lose your lives , you shall lose the estates that you keep , and you shall lose your soules too ; and if any thing keeps you , it is Religion . For if any thing keeps God , that keeps all , it is the keeping of Religion . Now Sirs , a● this argument ( besides al that 〈…〉 for in truth , they have left me almost naked , that I have nothing to say ; as this argument ) ▪ may revive those affections that have been stirred up already , so methinkes , if you looke but upon the very condition of the Church this day , I professe unto you , it will break your hearts ; and therefore may certainly open your purses this day : Why , ( friends ) if I am able , I may not deny , no , not one day , nor the second day , nor the third day , nor any time , I must not deny to help a poor Lazarus ; I must not see Lazarus to starve and die at my doores , if that I am able to helpe a poore Christian : Why , if my bowells must extend themselves , i● 〈◊〉 helpe must extend it selfe to one Christian , how shall I , how can I see , the Churches of Jesus Christ , for to ▪ gaspe and give up the Ghost at the feet of bloud ? There are two sorts of bloud which will lye heavie upon my soule , if that I should suffer the guilt of them to be upon my soul ▪ there is the bloud of Christ , and the bloud of the Churches of Christ : If Abel● bloud , the bloud of a single person , was so heavie upon ●ain , what will the bloud of 〈◊〉 Church , of all the Churches of Christ , let downe upon our fonts ▪ if we should now falle to help the Churches of Christ ▪ But if there were no other 〈…〉 with you ▪ but onely something that might concerns your selves , I professe , as I am satisfied in my owns Spirit , so I am p●rswaded it were enough to perswade you . Why , ( Friends ) you have done already , ( I speak not to flatter you , you 〈…〉 already ) more then all the land hath done , even to the preservation of all the Land , nay more then all the Christian world hath done to preserve the Cause of Christ . And let me tell you , that God hath not been behinde hand with you , God hath looked upon you , as much ( I meane this City ▪ God hath looked upon this City , 〈…〉 if not more , then upon all the land besides . And ●ruly , if you will cast east up all accounts betwixt God and your selves , though you have done very much , yet you are in arre●s ages still unto God ; God is still before-hand with mercies ▪ though in mercy he hath stirred up your hearts to doe thus . These are three things methinks , wherein the Lord hath shewed himselfe to you , that may for ever engage your hearts , with all alacrity to spend , and to be spent for his cause : Why , the one is , he never would to this day suffer the destroyer , notwithstanding all their intentions , ( he would never suffer the destroyer ) to enter into this City ; he hath still diverted them , as you have observed by some admirable acts of providence , when their resolutions have been to come to this place , ( the Lord knowes in what condition you had been by this day , if providence had not ( at one time especially ) diverted them from it ; but notwithstanding all this , God hath not suffered them to this day , to shoot one arrow into your City . But then there is another thing ; as the Lord hath not to this day suffered them to come in a publike hostile way , so he hath from time to time discovered all the Treacheries , Plots , and designes against you . When the enemy could not destroy you above board , but thought to undermine your Lives and States , and all ( I need not say much to revive your memories , ) of late dayes , did God unknowne to you , deliver you from destruction , and should you now be backward to doe for this God , that hath preserved all that you have , and all that you are ? Nay , consider one thing more ; he hath in all the publike services ; wherein indeed , if any people in the Land deserve our acknowledgements and honour , this City hath got it from the whole Land . But this is that I was saying , God hath in all the publike Services and Battails which have of late been fought in the land , God hath hanged the shield of salvation upon your shoulders , he hath been pleased to cast all the glory , not onely of preservation , but of the great successe , and honour , and victory , God hath cast it upon the people of London . And will you , that God hath defended all this while ; will you that God hath preserved from secret treachery ; will you , that God hath given hearts all this while to stand for God above all the people of the earth : will you that God hath done so much for in the times of battaile , more then for all the rest , wil you fail now to do for God ? God forbid , I beseech you rather that your hearts may be doubled and trebled for that God that is so good to you . And not to trouble you long , because the truth is , I am confident there needs no more to be said , you long rather who should most shew his affection at this time to preserve all : Why , there is one thing more that might bee spoken too , that is , touching our brethren of Scotland : Why , so many things have been said already , that I can say nothing . Our condition ( worthy Sirs , our condition ) of England , mee thinks it is so like the condition of that poore man , that went between Jericho and Jerusalem , there the Priest hee passes by on the one side , never so much as lookes upon him ; Our Priests and Popish party ; and another sordid party that cleaves to them , they doe not so much as consider the lamentable losse of this poore Kingdom of England ; the Levite he came , and looked on indeed , but hee passes by : I pray God it ●ee not laid to the charge of some Churches abroad , to whom wee have been helpfull , that they can have eares , to heare of our distresses , and wounds , but have not hands at all to help us , whether they have tongues to pity us , wee know not ; Onely there is the Samaritan ( Sirs , the Samaritan ) that saw this wounded man , and that had compassion , and that went to him , and that bound up his wounds , and that powred in Oyle and Wine ; Truly ( Sirs ) the Samaritans that wee finde on earth , ( for our great Physitian in Heaven , wee blesse him still for looking upon us ; but the Samaritans , the onely Samaritans that wee have on earth ) they are our brethren in Scotland ; O the tears that they have shed for poore England ! O the Prayers that they have in solemn manner , from time to time , sent up to Heaven for poor England ! O the Petitions that they unknown for a long time to us , did direct unto his Majesty , if it had been possible to take up all differences ! and now yet again , as if their inward compassions , as if their prayings to Heaven , as if their petitionings to man were nothing , so sensible , so affectionate are they , to live with us , to dye with us , that they are ready to come in , to adventure their dearest lives , to save our lives ; Why ( Friends , why ) what will move your hearts , if this doth not move your hearts ? I doe professe it is the greatest equity under heaven , to lend our estates , some of our moneys to them , that are not unwilling to venture their lives for us . I know many Objections might bee made ; You have done much already , and the summe is great ; I say no more , There is nothing great , to a minde that is great , and the Cause is great , and though the summe of money bee great , yet their love is greater , then all you can lay out to answer their love ; And say not ( grumbling ) wee have done often and often ; I say to you , as Christ said to him that asked him , How often must I forgive my brother ▪ Why , 70 times 7 times ; So will I say for this publique Cause , you must doe , and you must doe , and yet you must doe , and yet you must doe , as long as there is a penny in thy purse , as long as there is strength in thy hand , as long as there is breath in thy body , you must bee all Servants to Christ , and Servants to the Churches of Jesus Christ . And so I beseech the God of Heaven , that what hath been delivered unto you this day , ( and much hath been spoken , I think as much as possibly can unto men ) that it may bee effectuall , to move your hearts , that what is done , may bee speedily done , and fully done , lest wee bee for ever undone ; Nay , that wee may bee preserved , and not only wee , but all the Churches of God preserved . And the Lord of Heaven make impression upon your hearts . FINIS . 
A84770	----	A letter from His Excellency Sir Tho: Fairfax, to the Honorable William Lenthal Esq; Speaker of the Honorable House of Commons. Fairfax, Thomas Fairfax, Baron, 1612-1671. This text is an enriched version of the TCP digital transcription A84770 of text R210614 in the English Short Title Catalog (Thomason 669.f.11[67]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A84770 Wing F176 Thomason 669.f.11[67] ESTC R210614 99869396 99869396 162716 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A84770) Transcribed from: (Early English Books Online ; image set 162716) Images scanned from microfilm: (Thomason Tracts ; 246:669f11[67]) A letter from His Excellency Sir Tho: Fairfax, to the Honorable William Lenthal Esq; Speaker of the Honorable House of Commons. Fairfax, Thomas Fairfax, Baron, 1612-1671. Lenthall, William, 1591-1662, correspondant. 1 sheet ([1] p.) Printed for Edward Husband, Printer to the Honorable House of Commons, London : August 24. 1647. With decorative border. The disavowed rudeness of some soldiers, in denying Lord Lauderdail access to the King, and detaining Mr. Chiefly at Newcastle, ought not to be made a national matter. Orders have been sent to give Mr. Chiefly a free passage. The House orders that this letter be communicated to the Commissioners for Scotland, and assure them of the House's good will -- Cf. Steele. Fairfax's letter dated: 20 August 1647. Order to print and distribute dated: Die Sabbathi, 21 Augusti, 1647. Signed: H: Elsynge, Cler. Parl. D. Com. Reproduction of the original in the British Library. eng Great Britain -- Militia -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A84770 R210614 (Thomason 669.f.11[67]). civilwar no A letter from His Excellency Sir Tho: Fairfax, to the Honorable William Lenthal Esq; Speaker of the Honorable House of Commons. Fairfax, Thomas Fairfax, Baron 1647 364 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-09 TCP Assigned for keying and markup 2007-11 Aptara Keyed and coded from ProQuest page images 2007-12 Emma (Leeson) Huber Sampled and proofread 2007-12 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A LETTER FROM His Excellency Sir THO: FAIRFAX , TO The Honorable William Lenthal Esq Speaker of the Honorable House of Commons . SIR , I Received your Letter , and another inclosed from the Commissioners of Scotland , expressing their sence of injuries offered to them by some of this Army ; first to my Lord Lauderdail , in denying him access to the King , and next to Mr. Chiesly , in detaining him at Newcastle in his passage to Scotland ; To both which I thought fit to return this Answer , That no man is more unwilling to suffer any thing to be done by any under my command , that may be Dis-satisfaction to that Nation , then my self ; nor shall any be more willing to do all things which tend to keep a right Understanding , and to preserve the happy Union between the two Kingdoms , then I : But I hope the rudeness of Soldiers disavowed , will not be made of National reflection , which is all in the case of the Earl of Lauderdail : And as to that of Mr. Chiesly , I have sent to the Governor of Newcastle to give him a free passage into Scotland , which , I hope , is done already ; for hearing of it formerly , I sent to him to that purpose ; And shall in all things be ready to observe your Commands , and rest , Your most humble Servant , T. FAIRFAX . Kingston , 20 August , 1647. Die Sabbathi , 21 Augusti , 1647. ORdered by the Commons assembled in Parliament , That Sir Henry Vane , Sir Gilbert Gerrard , Sir Robert Pye , and Sir Arthur Haslerig , do communicate this Letter to the Commissioners of Scotland , and acquaint them from this House with their Desire and Resolutions of doing all things that may preserve the Union and good Correspondency between the Two Kingdoms . H : Elsynge , Cler. Parl. D. Com. London , Printed for Edward Husband , Printer to the Honorable House of COMMONS . August 24. 1647. 
A85691	----	Old English blood boyling afresh in Leicestershire men: occasioned by the late barbarous invasion of the Scots. As appears by this letter from my Lord Grey, to Major Generall Skippon. Groby, Thomas Grey, Baron of, 1623?-1657. This text is an enriched version of the TCP digital transcription A85691 of text R40522 in the English Short Title Catalog (Thomason E461_7). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 4 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A85691 Wing G1969B Thomason E461_7 ESTC R40522 99872585 99872585 162162 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A85691) Transcribed from: (Early English Books Online ; image set 162162) Images scanned from microfilm: (Thomason Tracts ; 73:E461[7]) Old English blood boyling afresh in Leicestershire men: occasioned by the late barbarous invasion of the Scots. As appears by this letter from my Lord Grey, to Major Generall Skippon. Groby, Thomas Grey, Baron of, 1623?-1657. [2], 4, [2] p. Printed by H. for Giles Calvert, at the black spread-eagle, at the West end of Pauls, London : 1648. Identified as Wing S5190 on UMI Microfilm Early English books reel 1671. Annotation on Thomason copy: "Aug ye 28'. Reproductions of originals in the University of Illinois Library (Early English books) and the British Library (Thomason tracts). eng Skippon, Philip, d. 1660. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. A85691 R40522 (Thomason E461_7). civilwar no Old English blood boyling afresh in Leicestershire men:: occasioned by the late barbarous invasion of the Scots. As appears by this letter Groby, Thomas Grey, Baron of 1648 951 1 0 0 0 0 0 11 C The rate of 11 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-11 TCP Assigned for keying and markup 2007-11 Apex CoVantage Keyed and coded from ProQuest page images 2008-01 Emma (Leeson) Huber Sampled and proofread 2008-01 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion OLD ENGLISH BLOOD Boyling afresh in LEICESTERSHIRE MEN : Occasioned by the late barbarous invasion of the SCOTS . As appears by this Letter from my LORD GREY , To Major Generall SKIPPON . LONDON , Printed by H. for Giles Calvert , at the black spread-Eagle , at the West end of Pauls . 1648. OLD ENGLISH BLOOD Boyling a fresh in LEICESTERSHIRE MEN : Occasioned by the late barbarous Invasion of the Scots . SIR , BEcause your ancient and well approved faithfulnesse speakes it selfe through the Kingdome ; I have thought good to communicate the state of our affaires in this County unto you : which is thus . When wee understood that our proclaimed enemies ( the Scots ) were drawing towards us , even to fall upon this Nation when it was weak ; as hee did , on his Brother ( and this Esa is Edom , red and bloody ) or as those brethren in iniquity , did upon the Shechamites , when they were sore . We thought all lay at stake , and the God of our mercies awakened us here , to see what might be done for our safety ; wee tryed what volunteers would appear , which were not a few , that tendred themselves and their own horses , and those that wanted wee horsed upon those that were dissenters ; insomuch that ( by the blessing of God ) wee have mounted a considerable number for so inconsiderable a County , and shall be able to march with a good strength very suddenly : and this course we have and doe propound with all earnestnes to all our neighbouring Counties ; not waiting upon the customary way of pay and quarter , which would retard us , and such a work as this . Wee had our men so willing to goe forth as if they should finde theit wages in their worke ; yea , though in the highest of their harvest , and this unseasonable weather ; At our meeting a March being propounded , they cryed , ONE AND ALL . Sir , Wee are prest forwards hereunto by the violent call of necessities surrounding us ; nor can wee be blamed for neglecting some punctilioes , since selfe-safety , and our present preservation admit no delay . It would rejoyce our hearts to see English blood stirring in the veignes of men at this juncture ; professing to your selfe that your honourable carriage in order to the good of this poor shattered Nation makes us to assure you , we can ( through mercy ) readily live and dye with you upon your pious and noble principles . I have inclosed sent you a Copy of the last from Lancashire , whereby you may judge of the inhumane temper of the enemy , and the sad condition of our friends . I wish every Tribe in Israel had this laid at their doors . Alas ( Sir ) did these men bring to us more Holines , Justice ▪ Truth , and faithfulnesse , or rather did they not undermine that Gospel , they say they come to settle ; wee would meet them with open armes and bended knees : But I wish their inviters hither doe not feel to their cost the ill consequence of the bargaine . Sir , ( with our worthy Neighbours in the Easterne Association , or any others like minded ) wee resolve ( by Gods help ) rather to dye free English men , then to live hewers of wood , and drawers of water to base men whose mercies are Cruelties . Our Horse appearing last Munday at our Rendezvouz , were neer three thousand , all of this County ; who expressed much forwardnesse in this service , ambitiously desiring to be in action , waiting only upon a call , which we daily expect from our friends in the North , and for which wee making our selves ready upon an hours warning . My request unto your selfe , and all honest English hearts is , that you send us all the help you can through your prayers ; and I beseech you to continue to improve your interest in Heaven and Earth to preserve a Kingdome , that must be saved against its will , for which God hath so immediatly and even miraculously spoken from Heaven within three or 4 months last past , in curbing the malice of men , appearing in such desperate tumults every where : The Great Monnuments whereof remain in these places , viz. London , Norwich , South-Wales , Kent , Bury , Willoby , Kingston , Needs , Hereford , Shropshire , Stafford , Nottingham , Woodcraft , Scarborow Yarmouth , Tinmouth , Cumberland , Bristall , Isle of weight , Chester , Exceter , North-wales and Cambridge , &c. Oh that men would see these wonders , and bow before the Lord that hath smiten them , and tremble before his foot-stool . To whose grace I commend you , and all the faithfull with you . I remain Sir , Yours really to serve you Thomas Grey . August 24. 1648. POST-SCRIPT . Sir , SInce I degan to write the Scots are beaten , twelve thousand prisoners are taken ; their Army broken : three thousand Horse of theirs where Duke Hambleton is , we are this morning pursuing with my forces , who bend towards the North : but are in desperate confusion , wee hope to give agood accompt of them . Yours , Thomas Grey . 
A86194	----	The Scotts declaration, in answer to the declaration, sent unto them by their commissioners now at London, from the honourable Houses of Parliament of England: expressing their care to prevent the effusion of Christian blood; and their affections to reformation both to kirk and state. Ordered by the Lords and Commons, that this be forthwith printed and published, H. Elsynge, Cler. Parl. Dom: Com Scotland. Parliament. This text is an enriched version of the TCP digital transcription A86194 of text R18646 in the English Short Title Catalog (Thomason E115_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 18 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86194 Wing H1438 Thomason E115_3 ESTC R18646 99860444 99860444 112564 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86194) Transcribed from: (Early English Books Online ; image set 112564) Images scanned from microfilm: (Thomason Tracts ; 20:E115[3]) The Scotts declaration, in answer to the declaration, sent unto them by their commissioners now at London, from the honourable Houses of Parliament of England: expressing their care to prevent the effusion of Christian blood; and their affections to reformation both to kirk and state. Ordered by the Lords and Commons, that this be forthwith printed and published, H. Elsynge, Cler. Parl. Dom: Com Scotland. Parliament. Henderson, Alexander, 1583?-1646. Scotland. Convention of Estates. 15, [1] p. Printed, for Edw. Husbands and John Francks, and are to be sold at their shops, in the middle Temple, and next door to the sign of the Kings-head in Fleet-street, [London] : Septem. 1. 1642. Attributed to Alexander Henderson by Wing. Reproduction of the original in the British Library. eng Church history -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Sources. A86194 R18646 (Thomason E115_3). civilwar no The Scotts declaration, in answer to the declaration, sent unto them by their commissioners now at London, from the honourable Houses of Par Scotland. Parliament 1642 3044 7 0 0 0 0 0 23 C The rate of 23 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-05 Mona Logarbo Sampled and proofread 2007-05 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE SCOTTS Declaration , In Answer to the Declaration , sent unto them by their Commissioners now at LONDON , From the Honourable Houses OF PARLIAMENT OF ENGLAND : Expressing their Care to prevent the effusion of Christian B●ood ; And their Affections to Reformation both to Kirk and State . Ordered by the Lords and Commons , That this be forthwith printed and published , H. Elsynge , Cler. Parl. Dom : Com : Printed , for Edw. Husbands and John Francks , and are to be sold at their shops , in the middle Temple , and next door to the sign of the Kings-head in Fleet-street , Septem. 1. 1642. The Scots DECLARATION . THe Generall Assembly of the Kirk of Scotland having received a Declaration sent unto them by the Commissioners of this Kingdom now at London , from the Honourable Houses of the Parliament of England , expressing their care to prevent the effusion of Christian Blood in that Kingdom , and their affections to Reformation both in Kirk and State : And having taken the same to such consideration , as the Importance of so weighty matters , and the high estimation they have of so wise and honorable a meeting as is the Parliament of England did require , Have , with Universall Consent , resolved upon this following Answer : I. That from the recent sense of the goodnesse of God in their own la●e deliverance , and from their earnest desire of all happinesse to our Native King , and that Kingdom , They blesse the Lord for preserving them in the midst of so many unhappy Divisions and Troubles , from a bloody Intestine War , which is from God the greatest judgement ; and to such a Nation , the Compend of all Calamities . They also give God thanks for their former and present Desires of Reformation , especially of Religion , which is the glory and strength of a Kingdom , and bringeth with it all Temporall blessings of ▪ Prosperity and Peace . II. That the hearts of all the Members of this Assembly , and of all the well-affected within this Kingdom are exceedingly grieved , and made heavy , That in so long a time , against the Professions both of King and Parliament , and contrary to the joynt desires and prayers of the godly in both Kingdoms , to whom it is more dear and precious then what is dearest to them in the world , The Reformation of Religion hath moved so slowly , and suffered so great interruption . They consider , That not onely Prelates , formall professors , prophane and worldly men , and all that are Popishly affected , are bad Counsellors and Workers , and do abuse their power , and bend all their strength and policies against the Work of God , but the god of this world also , with Principallities and Powers , the Rulers of the darknesse of this world , and Spirituall wickednesse in high places , are working with all their force and fraud in the same opposition , not without hope of successe ; they having prevailed so far from the beginning , That in the times of the best Kings of Iuda of old , and the most part of the Reformed Kirks of late , a thorow and perfect Reformation of Religion hath been a Work full of difficulties : Yet do they conceive , That as it ought first of all to be intended , so should it be above all other things , with confidence in God , who is greater then the world , and he who is in the world most seriously endeavoured . And that when the Supreme Providence giveth opportunity of the accepted time and day of Salvation , no other work can prosper in the hands of his servants , if it be not apprehended , and with all reverence and faithfulnesse improved . This Kirk and Nation when the Lord gave them the calling , considered not their own deadnesse , nor staggered at the promise through unbelief , but gave glory to God . And who knoweth ( we speak it in humility and love , and from no other minde , then from a desire of the blessing of God upon our King and that Kingdom ▪ but the Lord hath now some Controversie with England , which will not be removed , till first , and before all , the Worship of his Name , and the Government of his House be setled according to his own will . When this desire shall come , it shall be to England , after so long deferred hopes , a Tree of Life , which shall not onely yeeld temporall blessings unto themselves , but also shall spread the branches so far , that both this Nation , and other Reformed Kirks shall finde the fruits thereof to their great satisfaction . III. The Commissioners of this Kingdom in the late Treaty of Peace , considering that Religion is not onely the Mean of the Service of God , and saving of souls , but is also the Base and Foundation of Kingdoms and Estates , and the strongest Band to tye subjects to their Prince in true Loyalty , and to knit the hearts of one to another in true Unity and Love , They did , with Preface of all due Respect and Reverence , far from Arrogance or Presumption , represent , in name of this Kingdom , their serious Thoughts , and earnest Desires for Unity of Religion ; That in all His Majesties Dominions there might be one confession of Faith , one Directory of Worship , one publike Catechism , and one Form of Kirk-Government : This they conceived to be acceptable to God Almighty , who delighteth to see his people walking in Truth and Unity ; To be a speciall Means for conserving of Peace betwixr the Kingdoms , of easing the Kings Majesty and the publike Government of much trouble which ariseth from differences of Religion , very grievous to Kings and Estates ; of great content to the King Himself , to His Nobles , His Court , and all His People , when — occasioned to be abroad , without scruple to themselves , or scandall to others , all may resort to the same publike Worship , as they were at their own dwellings : Of suppressing the names of Heresies and Sects , Puritans , Conformists , Separatists , Anabaptists , &c. which do rent asunder the Bowells both of Kirk and Kingdom ; Of despair of successe to Papists and Recusants to have their Profession , which is inconsistent with the true Protestant Religion , and Authority of Princes , set up again , and of drawing the hearts and hands of Ministers from unpleasant and unprofitable Controversies , to the pressing of Mortification , and to Treatises of true Piety , and Practicall Divinity . The Assembly doth now enter upon the labour of the Commissioners , unto which they are encouraged , not onely by their faithfulnesse in the late Treaty , but also by the Zeal and Example of the Generall Assemblies of this Kirk in former times , as may appear by the Assembly at Edinburgh , Decemb. 25. in the yeer 1566. which ordained a Letter to be sent to England against the Surplice , Tippet , Cornercoap , & such other Ceremonies as then troubled that Kirk , that they might be removed . By the Assembly at Edinburgh , April 24. 1583. humbly desiring the Kings Majestie to command His Ambassadour then going to England to deal with the Queen , That there might be an union and band betwixt them and other Christian Princes and Realms professing the true Religion , for defence and protection of the Word of God , and professors thereof , against the persecution of Papists and confederates , joyned and knit together by the bloody league of Trent : As also , That Her Majesty would disburthen their Brethren of England , of the yoke of Ceremonies imposed upon them against the liberty of the Word . And by the Assembly at Edinburgh , March 3. 1589. ordaining the Presbytry of Edinburgh to use all good and possible means for the relief and comfort of the Kirk of England , then heavily troubled for maintaining the true Discipline and Government of the Kirk ; And that the Brethren in their private and publike Prayers recommend the estate of the afflicted Kirk of England to God . While now by the mercie of God , The conjunction of the two Kingdoms is many wayes increased , The zeal of the Generall Assembly towards their happinesse ought to be no lesse . But besides these , the Assembly is much encouraged unto this duty , both from the Kings Majestie and His Parliament joyntly , in their Answer to the Proposition made by the late Commissioners of the Treaty , in these words , To their desire concerning Unity of Religion , and Uniformity of Kirk-government , as a speciall means for conserving of peace betwixt the two Kingdoms , upon the grounds and reasons contained in the paper of the 10 of March ; and given in to the Treaty and Parliament of England . It is answered upon the 15 of June , That His Majestie , with advice of both Houses of Parliament , doth approve of the affection of His Subjects of Scotland , in their desire of having Conformity of Kirk-government between the two Nations ; And as the Parliament hath already taken into consideration the Reformation of Kirk-government , so they will proceed therein in due time , as shall best conduce to the glory of God , the peace of the Kirk , and of both Kingdoms . And also severally ; for His Majesty knoweth that the custody and Vindication , the conservation and purgation of Religion , are a great part of the duty of Civil authority and power . His Majesties late practise , while He was here in person , in resorting frequently to the exercises of publike Worship , His Royall actions in establishing the Worship and Government of this Kirk in Parliament . And in giving order for a competent maintenance to the Ministery and Seminaries of the Kirk ; And His Majesties gracious Letter to the Assembly ( seconded by the Speech of His Majesties Commissioner ) which containeth this Religious expression , Where any thing is amisse , We will endeavour in a fair and orderly way a Reformation , and where Reformation is setled , We resolve with that authority wherewith God hath vested us , To maintain ▪ and defend it in peace and liberty , against all trouble that can come from without , and against all heresies , sects , and schismes which may arise from within . All these do make us hopefull that His Majestie will not oppose , but advance the worke of Reformation . In like manner the Honourable Houses of Parliament , as They have many times before witnessed their zeal , So now also in their Declaration sent to the Assemblie , which not only sheweth the constancie of their zeal , but their great grief that the work hath been interrupted by a Malignant party of Papists and evill-affected persons , especially of the corrupt and dissolute Clergy by the incitement and instigation of Bishops and others . Their hopes according to their earnest desire when they shall return to a peaceable and Parliamentarie proceeding by the blessing of God , To settle such a Reformation in the Church as shall be agreeable to Gods word ; And that the result shall be a most firm and stable Union between the two Kingdoms of England and Scotland , &c. The Assemblie also is not a little encouraged by a Letter sent from many Reverend Brethren of the Kirk of England , expressing their prayers and endeavours against every thing which shall be found prejudiciall to the establishment of the Kingdom of Christ and the peace of their Soveraigne . Upon these encouragements , and having so potent a doore of hope , The Assemblie doth confidently expect , That England will now bestir themselves in the best way for a Reformation of Religion ; And do most willingly offer their prayers and uttermost endeavours for furthering so great a work , wherein Christ is so much concern'd in his glory , the King in His honour , the Kirk and Kingdom of England in their happinesse , and this Kirk and Kingdom in the puritie and peace of the Gospell . IV. That the Assemblie also from so many reall invitations are heartned to renew the Proposition made by the aforenamed Commissioners of this Kingdom , for beginning the work of Reformation , at the uniformitie of Kirk-government : For what hope can there be of unitie in Religion , of one confession of Faith , one form of worship , and one Catechisme , till there be first one Form of Ecclesiasticall Government ? Yea what hope can the Kingdom and Kirk of Scotland have of a firm and durable peace , till Prelacie which hath been the main cause of their miseries and troubles first and last , be pluck't up root and branch , as a plant which God hath not planted ? and from which no better fruits can be expected , then such sower grapes , as this day set on edge the Kingdom of England . V. The Prelaticall Hierarchy being put out of the way , The work will be easie without forcing any conscience to settle in England the government of the reformed Kirks by Assemblies , for although the reformed Kirks do hold without doubting their Kirk Officers , and Kirk-government by Assemblies higher and lower in their strong and beautifull subordination , to be jur● divino and perpetuall , yet Prelacie as it differeth from the Office of a Pastor , is almost universally acknowledged by the Prelats themselves and their adherents , to be but an humane ordinance introduced by humane reason , and settled by humane Law and custome for supposed conveniency , Which therefore by humane authority without wronging any mans conscience may be altered and abolished , upon so great a necessity as is a hearty conjunction with all the reform'd Kirks , a firm and well-grounded peace between the two Kingdoms , formerly divided in themselves and betwixt themselves by this partition wall , and a perfect union of the Kirks in the two Nations , which although by the providence of God in one Island , and under one Monarch , yet ever since the Reformation , and for the present also are at greater difference in the point of Kirk-government which in all places hath a powerfull influence upon all the parts of Religion then any other reform'd Kirks , although in Nations at greatest distance and under divers Princes . VI . What may be required of the Kirk of Scotland for furthering the work of Uniformitie of Government , or for agreeing upon a common confession of Faith , Catechisme and directorie for worship shall according to the order given by this Assembly , be most willingly performed by us , who long extreamly for the day when King and Parliament shall joyne for bringing to passe so great , so good a worke : That all Wars and commotions ceasing , all Superstitition , Idolatry , Heresies , Sects and Schismes being removed ; As the Lord is one , so his Name may be one amongst us , And Mercie and Truth , Righteousnesse ▪ and Peace meeting together and kissing one another , may dwell in this Island . St. Andrews , August 3. 1642. JOHNSTON Cler. Eccl. At EDINBVRGH , the Eighteenth-day of August , 1642. THe Lords of secret Councell having read heard , and considered the Petition this day given in to them , in the name of the late Generall Assembly holden at Saint Andrews , by their Commissioners appointed for that effect , desiring the Councell to concur with them in their Remonstrance to the Parliament of England , toward the setling of Vnity in Religion , and Vniformity in Kirk-government in His Majesties three Kingdoms . And having also heard the Petition directed from the Assembly to His Majestie , with their Answer to the Parliament of England , the Scots Commissioners of the Treaty at London , and certain Ministers of England concerning this matter . And finding the reasons therein express'd to be very pregnant , and the particular desired much to conduce for the glory of God , the advancement of the true Christian Faith , His Majesties Honour , and the peace and union of His Dominions . The said Lords , out of their duty to the furtherance of so much wished and important a work , and affection to their Brethren of the Kingdom of England , Do unanimously and heartily concur with the said Nationall Assembly , in their earnest desires to the Honorable Houses of the Parliament of England , to take to their serious consideration the particulars aforesaid , touching Vnity in Religion , and Vniformity in Kirk-government in the said three Kingdoms , as a singular mean of His Majesties Honour , the good of the true Christian Faith , and happinesse of His Majesties Dominions ; And to give favourable hearing to such desires and overtures as shal be found most conducible for the promoting of so great and good a work . Extractum de libris actorum secreti Consilii S. D. N. Regis , per me Arch. Primerose , Cler. S. Cons. Edin . 26. Aug. 1642. FINIS . 
A69685	----	The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial. 1683 Approx. 644 KB of XML-encoded text transcribed from 79 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A69685 Wing C1066 ESTC R15874 08882435 ocm 08882435 41986 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A69685) Transcribed from: (Early English Books Online ; image set 41986) Images scanned from microfilm: (Early English books, 1641-1700 ; 341:2 or 1279:7) The Case of the Earl of Argyle, or, An Exact and full account of his trial, escape, and sentence wherein are insert the act of Parliament injoining the test, the confession of faith, the old act of the king's oath to be given at his coronation : with several other old acts, made for establishing the Protestant religion : as also several explications made of the test by the conformed clergy : with the secret councils explanation thereof : together with several papers of objections against the test, all framed and emitted by conformists : with the Bishop of Edinburgh's Vindication of the test, in answer thereunto : as likewise a relation of several matters of fact for better clearing of the said case : whereunto is added an appendix in answer to a late pamphlet called A vindication of His Majestie's government and judicatories in Scotland, especially with relation to the Earl of Argyle's process, in so far as concerns the Earl's trial. Stewart, James, Sir, 1635-1713. Mackenzie, George, Sir, 1636-1691. Vindication of His Majesties government, and judicatories in Scotland. [4], 152 p. s.n.], [S.l. : 1683. Sometimes attributed to James Steuart--Cf. NUC pre-1956 imprints. Errata: p. [4]. This item appears on reels 341:2 and 1279:7. Reproduction of originals in the Edinburgh University Library and the British Library. Entry cancelled for A3637A in Wing (2nd ed.) Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Argyll, Archibald Campbell, -- Earl of, 1629-1685. Test Act (1673) Scotland -- History -- 1649-1660. Scotland -- History -- 1660-1688. 2004-03 TCP Assigned for keying and markup 2004-04 Apex CoVantage Keyed and coded from ProQuest page images 2004-06 Amanda Watson Sampled and proofread 2004-06 Amanda Watson Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion THE CASE OF THE EARL of ARGYLE . OR An exact and full Account of his Trial , Escape , and Sentence : Wherein are insert the Act of Parliament injoining the Test , the Confession of Faith , the old Act of the King's Oath to be given at His Coronation : With several other old Acts , made for establishing the Protestant Religion . As also several Explications made of the Test by the Conformed Clergy : With the Secret Councils Explanation thereof . Together with several Papers of Objections against the Test ; all framed and emitted by Conformists : With the Bishop of Edinburgh's Vindication of the Test in answer thereto . As likewise a Relation of several Matters of fact , for better clearing of the said Case . Whereunto is added An APPENDIX , in answer to a late Pamphlet called , A Vindication of His Majestie 's Government , and Judicatories , in Scotland , — Especially with Relation to the Earl of Argyle's Process . In so far as concerns the Earl's Trial , Printed in the Year M. D. C. LXXXIII . THE PUBLISHER TO THE READER . HAving received the ensuing Narrative of the Case and Trial of the Earl of Argyle , under the Caution you may find in the close of it , not to hasten the publication , but rather to vvait for a more convenient season , It 's like I had continued to comply ( as I have done hitherto ) vvith the Earl's inclination , if not excited to the contrary by a Paper called , A Vindication of His Majestie 's Government , and Judicatories , in Scotland — Especially with relation to the late Earl of Argyle's Process , printed at Edinburgh , and reprinted at London , vvith the appearance of a publick allovvance : For , albeit all wise and sober men , not only in Scotland , but also in the vvorld , vvho have heard this affair , do , at this day , sufficiently understand its rise , procedure , issue , and tendency , vvith all the just consideration , that either oppressed innocence , abused justice , or impotent and ill contrived malice , do deserve ; Yet seeing these concerned have had the confidence to subject their Res Judicata to an unexpected review ; and vvithall , the equitie to leave their advantages , and sist themselves on even ground , vvith an open defiance to all contradictors , and fair submission to the common sense and reason of mankind : I thought , I could not be vvanting to such an happy opportunity , vvithout disappointing so generous an offer , deserting my good Friend the Author of the Mist , and failing of the second , and principal part of my Trust : And therefore resolved , vvithout further delay , to give the follovving sheets their long desired licence : Purposing to subjoyn , as an Appendix , any further animadversions that the above-mentioned Pamphlet may seem to deserve . ERRATA . PAg. 2. L. 48. Acts , r. Oaths . p. 6. l. 39. Tursday , r. Thursday . p. 8. I. 9. peased , r. pleased . l. 20. And , r. But. p. 40. l. 24. prositive , r. positive . p. 41. l. 38. 1667. r. 1567. p. 44. l. 61. ther , r , the. p. 64. l. 6. King , r. Kingdom . p. 66. l. 48 ▪ the Earl's hand , r. the Earl of Glencairn ( first Chancellour after His Majesties Return ) his hand . p. 76. l. 2. is not , r. as not . p. 82. l. 34. yet , r. et . p. 86. l. 3. Governour , r. Deputy Governour . p. 94. l. 3. I have considered , r. I have not considered . Edinburgh ; 30. May , 1682. SIR The case of the late Earl of Argyl , which , even before the Process led against him , you was earnest to know , was at first . I thought , so plain , that I needed not , and grew afterwards so exceedingly mysterious , that I could not , for some time , give you so perfect ane accompt of it , as I wished : But this time being still no less proper , the exactness of mynarrative will , I hope , excuse all delays . The design against him being now so clear , and the grounds founded on so slender , that to satisfie all unbyassed Persons of his integrity , there needs no more , but barely to represent matter of fact ; I should think shame to spend so many words , either on arguments , or relation , were it not lest to strangers some mystery might still be suspected to remain concealed : And therefore to make plain what they can hardly believe , though we clearly see it . At His Royal Highness arrival in Scotland , the Earl was one of the first to wait upon him , and until the meeting of our last Parliament , the world believed , the Earl was as much in His Highness favour , as any intrusted in His Majestie 's affairs , in this Kingdom . When it was resolved , and His Majestie moved to call the Parliament , the Earl was in the countrey , and at the opening of it , he appeared as forward as any in His Majestie 's , and His Highness service , but it had not fat many dayes when a change was noticed in His Highness , and the Earl observed to decline in His Highness favour . In the beginning of the Parliament , the Earl was appointed one of the Lords of the Articles , to prepare matters for the Parliament , and named by His Highness to be one of a Committee of the Articles for Religion , which , by the custom of all Scots Parliaments , and His Majestie 's instructions to his Commissioner , at this time , was the first thing treated of : In this Committee there was ane Act prepared for securing the Protestant Religion ; which Act did ratify the Act approving the Confession of Faith , and also the Act containing the Coronation Oath , appointed , by several standing Acts of Parliament , to be taken by all our Kings , & Regents , before their entrie to the exercise of the Government . This Act was drawn somewhat less binding upon the Successor , as to his own profession ; But full as strictly tying him to maintain the Protestant Religion , in the publick profession thereof , and to put the Laws concerning it in execution , and also appointing a further Test , beside the former , to exclude Papists from places of publick trust : and because the fines of such as should act , without taking the Test , appeared no better then discharged , if falling in the hands of a Popish Successor , and some accounting any limitation worse then ane exclusion , and all being con●ent to put no limitation on the Crown , so it might consist with the safety and security of the Protestant Religion , it was ordained , that all such fines , and forfaultures should appertain the one half to the informers , and the other half should be bestowed on pious uses , according to certain Rules expressed in the Act. But this Act , being no wise pleasing to some , it was laid aside , and the Committee discharged any more to meet , and instead of this Act , there was brought in to the Parliament , at the same time , with the Act of succession , a short Act , ratifying all former Acts made for the securitie of the Protestant Religion , which is the first of the printed Acts of this Parliament . At the passing of this Act the Earl proposed that these words , And all Acts against Poperie , might be added , which was opposed by the Advocat , and some of the Clergie , as unnecessary , But the motion being seconded by Sir George Lockhart , and the then President of the Session , now turned out , it was yeelded to , and added without a vote , and this Act being still not thought sufficient ; and several Members desiring other additions , and other Acts , a promise was made by His Royal Highness , in open Parliament , that time , and opportunity should be given , to bring in any other Act , which should be thought necessary for further securing the Protestant Religion : But though several persons , both befor and after passing the Act for the Test ( here subjoyned ) did give in memorials , and overtures , yet they were never suffered to be read , either in Articles , or Parliament , but in place of all , this Act for the Test was still obtruded , and nothing of that nature suffered to be heard , after once that Act past , though even at passing it the promise was renewed . As for the Test , it was first brought into the Parliament without mentioning the Confession of Faith , and , after several hours debate , for adding the Confession of Faith , and many other additions , and alterations , it was past at the first presenting , albeit it was earnestly prest , by near half the Parliament , that it might be delayed till nixt morning , the draught being so much changed and interlined , that many , even of the most engaged in the debate , did not sufficiently understand it , and though they took notes knew not precisely how it stood . And this was indeed the Earls case in particular , and the cause why , in voting , he did forbear either to approve or disapprove . His part in the debate was , that , in the entrie of it , he said , that he thought , as few Oaths should be required , as could be , and these as short and clear as possible : That it was his humble opi●ion , that a very small alteration in these Acts , which had been used , these twentie years , might serve , for it was manifest , and he attested the whole Parliament upon it , That the Oath of allegiance , and Declaration had effectually debarred all Fanaticks from getting into places of trust , all that time : It was true some Papists had swallowed the Oath of allegiance , and therefore a word or two only of addition , to guard against them , was all he judged necessary . And there after where in the close of the Act , The Kings Sons , & Brothers , were intended to be dispensed with from taking the Test , He opposed the exception , & said , it was our happiness that King , & people were of one Religion , and that they were so by Law : That he hoped the Parliament would doe nothing to loose what was fast , nor open a gap for the Royal Family , to differ in Religion , their example was of great consequence , one of them was as a thousand , and would draw the more followers , if once it appeared to the people , that it were honourable , and a priviledge to be of an other Religion : And therefor he wished , if any exception vvere , it might be particular for his Royal H s ; but His H s himselfe opposing this , the Earl concluded vvith his fear , that if this exception did pass it vvould doe more hurt to the Protestant Religion then all the rest of that Act , and many other Acts could doe good . Whilst these Acts , about Religion , were in agitation , his H s told the Earl one day in privat , to beware of himselfe , for the Earl of Erroll ▪ and others were to give in a bill to the Parliament , to get him made liable to some debts they pretended to be cautioners in for his Father , and that those that were most forward in His Majesties service must be had a care of : The Earl said He knew there was no ground for any such bill , and he hoped neither the Earl of Errol , nor any other should have any advantage of him , upon any head relating to His Majesties service . His Highness told others likewise , he had given the Earl good advice . But shortly after the above mentioned debates , there were two bills given in to the meeting of the Articles , against the Earl , one by the Earl of Errol , the other by His Majesties advocat , who alledged he did it by command , for otherwise he acknowledged it was without his line . The Earl of Erroll's clame was , that the Earl of Argyl might be declared liable to releeve him , and others , of a debt , wherein , they alleadged , they stood bound as cautioners , for the late Marques of Argyll , the Earl's Father , To which the Earl answered , that he had not got his Fathers whole estate , but only a part of it , and that expresly burdened with all the debts , he was liable to pay , whereof this pretended debt was none , and that the Marquess of Huntlie , who at that time was owing to the Marquess of Argyl 35000. l. s●erl . had got 4000 l. sterl . of yearly rent , out of the Marques of Argyll's forsaulture , without the burden of any debt ; so that both by Law , and equity , the Earl could not be liable , the Marquess of Huntlie , and not he , having got that which should bear this releefe , and which should indeed have payed the far greatest part of the Marques of Argyll's debt , the same having been undertaken for Huntlie by Argyll , either as cautioner for Huntlie , or to raise money to pay his debt ; Besides that the Earl of Erroll can never make it appear , that he , or his predecessors were bound , for the Marques of Argyll in the third part of the summes he acclaimes : Yet some were much inclined to beleive Erroll on his bare assertion . His Majestie 's Advocat's clame was , to take from the Earl his heritable offices of Sheriffe &c. especially that of justice General of Argyll-Shire , the ●sles , and other places , which last is nevertheless only a part of the generall Justitiarie of all Scotland , granted to his Predecessors , some hundred of years agoe , for honourable , and onerous causes , and constantly enjoyed by them until expresly surrendered , in his late Majesties hands , for a new grant of the above mentioned Justitiary of Argyl &c : And this new grant was also confirmed by many Acts of Parliament , and particularly by his Majesties Royall Father , of blissed memorie , in the Parliament holden by him Anno 1633. as likewise by his Majestie that now is ( whom God long preserve ) his new Gift and Chartour , after several Debates before him in Anno 1663. and 1672. which new Gifts and Chartours were again ratified by a special instruction from His Majestie in the Parliament 1672. So that albeit several late Gifts of Regalitie granted to the Marqueis of Athol , Marqueis of Queensberrie , and others , may be questioned , because granted since the Acts of Parliament discharging all such Gifts in time coming , yet the Earl of Argyl's rights are good , as being both of a far different nature , and granted long before the said Acts of Parliament , and in effect the Earl his rights are rather confirmed by these prohibitive Acts , because both anterior to , and excepted from them , as appears by the Act Salvo Iure 1633. wherein the Earls rights are particularly and fully excepted in the body of the printed Act. When these things appeared so plain as not to be answered . It was alledged that upon the fo●faulture of the late Marqueis of Argyl , his Estate was annexed to the Croun , and so could not be gifted to the Earl by His Majestie , ( wherein they soon discovered a design to forfault him , if any pretence could be found ) But the Act of Forfaulture being read , and containing no such thing , but on the contrary a clear power left to His Majestie to dispose of the whole , and the Earl telling them plainly , that these that were most active to have his Father forfaulted , were very far from desiring his Estate to be annexed to the Croun , seeing it was in expectation of Gifts out of it they were so diligent , that pretence of the annexation was past from , but yet the designe was nowise given over , for there was a proposition made , and a vote caried in the Articles , that a Committee should be appointed , with Parliamentary power , to meet in the intervals of Parliament , to determine all controversies could be moved against any of the Earls rights ; Which was a very extraordinary device , and plainly caried by extraordinary influences . Upon this the Earl applyed to the Parliament , where this vote was to be brought , and having informed the members of his right , and the consequences of such a new Judicature , he had good hope to get the vote ranversed , when his Royal H s on second thoughts judged it fit to put a stop to it , and excused himselfe , saying , it was his not being acquaint , and but lately in affairs , had made him go along with it , for he found it did plainly impugn His Majesties prerogative , and might be of ill consequence , and indeed it is plain enough . It would have exposed the Marqueis of Huntli'es gift , which proceeded on the same forfaulture , as well as the Earl of Argyls , to the same , and far greater hazard , as some came to be sensible , when they heard all . You see here at what rate the Earl was pursued , and on what grounds , before his taking of the Test came in hand . After the Parliament was adjurned , there was a new design to apply to His Majestie for a Commission , of the same nature , for reviewing all the Earls rights , and to deprive him of his heritable offices , and , if possible , to burden him with more debts then his Estate was worth . Upon which , the Earl waited on his Highness , and informed him more particularly , offering to make it appear , by unquestionable rights and evidences , That his Estate was not subject to any such review , as was intended , And that it might breed the Earle great trouble , but could have no effect in Law. To which his Highness answered , That a review could do no hurt : The Earl said , If a commission for a review were granted , some thing must be intended , and some thing must be done , and it was very like that some of these put into such a commission would be his enemies , at least small friends , and therefore intreated that if any intended to quarrel his rights , they and he and all their debates might be remitted to the Ordinary Iudicatories : And indeed he had reason , to desire , it might be so , the Ordinary Iudicatories being established by the ancient Laws of the Kingdom , not in order , or with respect to particular causes , and persons , but for the general , equal and impartial administration of Justice to all , Whereas the granting particular Commissions , for trying and judging such and such cases , and persons , cannot but expose to the just contrary inconveniences , there being certainly a vast difference betwixt a mans finding a judge indifferently constitut , and his having one expresly and particularly appointed , for his single affair , who might possibly think himself commissionat , rather to serve a turn , in ane arbitrary way , then to administer fair Justice : but all this prevailed not , Only his Highness said , The commission should not be expede untill the Earl knew the names of the Persons insert in it : Whereunto the Earl answered , That their might be many Persons , against whom he could make no legal exception , whom yet he might have very good reason to decline to be his particular judges , and to have his rights taken from the ordinary Judges , and committed to their examination , and all he might possibly gain by excepting would be to irritat : Adding that as to his heritable offices , he had undoubtedly right to them , and they were rather honourable , then of advantage , that his family had them for faithful services to the Crown ; and because they had served more faithfully then their Neighbours , and been more useful then others , in keeping the Countrey in peace , from Thieves and Robbers , therefore all the broken men and their patrons , were enemies to him , and his family , and desirous to have these offices out of his hands , but he resolved to doe as he had alwise done , to put himself in His Majest ▪ will , and if His Majest . were resolved to have back all heritable offices , and should think fit after hearing him to have back his , His Majestie should have them , either freely , or for a just value : For though , they rendered the Earl no free yearly rent , as the Earl used them , yet he might be a sufferer in the want of them , if the Country were left open to Thieves and Robbers , which he hoped His Majestie would repair . His rights ( as he had said in Parliament ) were unquestionable , and oftentimes confirmed ; Yet he was willing to surrender them all on his knee to His Majestie , but was not willing to have them ●orn from him with ane affront by any other . Upon this his Highness was pleased , to allow the Earl a time , to go to the Country , to bring his Papers , and he was put in hopes no Commission should passe till his return , which was indeed observed . In the mean time , the Earl did write to the Earl of Murray , His Majest . Secretary , that he might have leave , to wait upon His Majesty , which His Majesty did graciously and readily grant ; The Earl purposing , at his return to Edinburgh , to beg the same favour of His Highness : But he found this motion more fatal to him then he could have at first expected so innocent a design could prove : For it was at first told him , he could not have access to kiss His Majesty's hand without taking the Test ; then it dropt out that it was ill taken , His Majesty was at all addressed to , for leeve to kiss his hand : And at length it became plain that takeing the Test would not clear the way . As the Earl was on his return to Edinburgh , to wait upon His Highness , and come the length of Glasgow , he got the news , that the late President of the Session , and He , were both turned out of it , and at his arrival at Edinburgh , several meetings of Council were appointed only to occasion his takeing of the Test : But the Earl having gone some miles out of town , was not present . At last a meeting of the Council was appointed expresly , and one of the clerks ordered to warn the Earl particularly to be present ; whereof the Earl being advertised before the clerk came to him , he waited on His Highness , and had the honour of ane opportunity after supper to speak to His Royall Highness , in his bed chamber : The Earl told His Highness , he was now returned , to make good his word , and to shew those writts and rights he had promised : But Sir ( said the Earl ) I haveheard by the way of alterations , and that I am turn'd out of the Session : His Highness said , it was so : The Earl asked what nixt ? His Highness said , he knew no more . The Earl said he had never sought that , nor any place , and he knew that place was at His Maj. dispose , and it might soon be better filled : But said the Earl , if it be to express a frown , it is the first I have had from His Majesty , thir thirty years ; I know I have enemies , but they shall never make me alter my duetie , and resolution to serve His Majesty ; I have served His Majesty in armes , and in his judicatures , when I knew I had enemies on my right hand , and on my left , and I will doe so still , But if any have power , to render His Majesty or your highness jealous of me , it will make my service the more useless to both , and the less comfortable to my selfe : His Highness said he knew no more then what he had said ; the Earl then said , it was late , and he would wait on His Highnesse , some other time , about these matters : But the thing that at present presses ( Sayes the Earle ) is , That I hear one of the Clerks of Council is appointed to tell me to be at the Council , to morrow , I conceave , to take the Test ; Pray , what is the haste ? may not I , with Your Highnesses favour , have the time allowed by the Act of Parliament ? His Highnesse said , No. The Earl urged it again , but in vain : And all the delay , he could obtain , was till tursday the third of November , the nixt Council day in course . The Earl said he was the less fond of the Test , that he found , that some that refused it were still in favour , and others that had taken it turned out , as the Register , At which His Highnesse only laught : But Sir , [ said the Earl , ] how comes your Highnesse to press the Test so hastily ? Sure there are some things in it Your Highnesse doth not over much like : Then said His Highnesse , angrily , and in a passion most true , that Test was brought into the Parliament , without the Confession of Faith : But the late President caused put in the Confession , which makes it such as no honest man can take it : The Earl said he had the more reason to advise : Whereby you may see , whether His Highness then thought , the Confession was to be sworn to in the Test , ●or not . After this the Earl waited several times on His Highness , and made new attempts for the favour of a delay , but with no successe : What passed in Privat , shall not be repeated , except so far as is absolutly necessary to evince the Earl his innocency , and to shew that in what he did he had no ill design , nor did , in the least prevaricat , or give any offence willingly , but was ready to comply , as far as he could , with a good conscience : It was in this interval , that the Earl spoke with the Bishop of Edinburgh , & saw his Vindication of the Test , and all the Explanations I here send yow , only the Councils explanation was not yet thought on : And that all the Bishop did then urge the Earl with , beyond what is in his Vindication , was to have a care of a noble Family , and to tell him , that the opposing the exception of the Kings Sons , and Brothers , from taking the Test , had fired the kiln . At the last upon Wednesday , the second of November , late , the Earl waited on his Highness , and did in the most humble , and easie expressions he could devise , decline the present taking of the Test ; But if h 〈…〉 H● would needs have a present answer , he beg'd his favour , that he would accept of his refusing it in privat , which was denied again : Then , he said , if his Highness would allow him time , to goe home , and consider , he would , either give satisfaction , or the time prescribed by the Act of Parliament would elapse , and so he would go off in Course , and without noise : But this also His Highness absolutly refused : Upon which the Earl asked what good his appearing in Council , to refuse there , would doe ? His Highness was pleased to answer , that he needed not appear , but to imploy some friend , to speak for him ; And His Highness himselfe named one ; this the Earl yielded to , as the best of a bad choice , and said , he should either use the person named by His Highness , or some other relation that were a Councellor , and in toun : And , in compliance with his Highness pleasure ▪ the nixt morning , the Earl drew a letter , for a warrand to the same Person his H● had named , for declaring his mind in Council ; wherein he exprest his constant resolution to continue a true Protestant , and Loyal Subject , which were the true ends of the Test ; But the letter concluding on a delay of taking the Oath , and his Highness having given some indication , how litle pleasing that office was to him , neither that friend , nor any other would , by any means , accept of it . Upon this the Earl drew a second , and shorter letter , to any that should that day Preside in Council ; but after much discourse , it being suggested , that an explanation would be allowed , and the shorter the better , the Earl first drew one , suitable to his own thoughts ; and it being thought too long , did instantly shorten it , and put it into his pocket , but withall said he would not offer it , till he knew His Highness pleasure , lest his Highness might take it ill that any had prevailed more with him , then himselfe ; and therefore the Earl did refuse to go to the Council , or out of his chamber , till he had his approbation . A litle after a coatch was sent for the Earl , and it was told him , in the room without the Council chamber , that the Bishop of Edinburgh had spoke to His Highness , and signified to him , that the Earl was willing to take the Test , with an Explanation , and that the Bishop said , it would be very kindly accepted : These were the express words , and then ( and not till then ) the Earl went in to the Council , and delivered ( that is pronounced ) his Explanation closs by His Highness , and directly towards him ; so loud , and audible , that some in the furthest corner of the room acknowledged they heard it : Whereupon the Oath was administred , and the Earl took it ; and His Highness with a well satisfied Countenance , and the honour of a smile , Commanded him to take his place : And while he sat by His Highness ( which was his honour to do that day ) His Highness spake several times privatly to him , and alwise very pleasantly . And the Earl hath since protested to his freinds , that he thinks his Highness was , at the time , well peased , though some others , that wisht the Earl out of the Council , appeared surprised , and in some confusion . The first thing came to be treated of in Council , after the Earl had taken his seat , was the Concils Explanation , at that time intended , and resolved to be allowed to the Clergie only , and no other , and withall not to be printed : To which the Earl refused to vote , which was afterwards made a ground of challenge : A little after , it being the post night , The Earl slept out , and went to his lodging , and though he acknowledges , he did not decline to give some friends ane accompt of what had past , vet he was so far from spreading copies of his Explanation , at takeing the Oath ; That he flatly refused to give a kind , and discreet friend , then in his chamber , a copie of it , lest it might go abroad : And the words being few , and publictly spoke , it is not strange they might be , almost perfectly , repeated , as , it s known , the Clerks pretended to do , but the Kings Advocat having past from the accusation of Spreading , this is only mentioned to evidence howsingly studious the Earl was to satisfie his own conscience , and how tender of giving offence , for I can say truly for him , he was never heard to disswade any to take the Test , nor to disparage it , after it past in an Act ; Only he refused to take it himselfe , without ane Explanation , which to stretch to a crime is beyond all example : I confess , he never cry'd it up as superexcellent , or divine , as some have done that can alter their toon , and decry it as much , when ever there shall be occasion . Nixt morning the Earl waited on His Highness , expecting yesternights countenance , and indeed nothing lesse then what he met with ; for begining to speak with His Highness in privat , his Highness interrupted him , and said he was not pleased with his explanation : The Earl said , he did not presume to give it till his Highness allowed him : His Highness acknowledged , that the Bishop of Edinburgh had told him , that the Earl intended ane explanation : But ( sayes His Highness ) I thought it had been some short one , like Earl Queesburries : The Earl answered that his Highness heard what he said : His Highness said , he did , but he was surprised : Then the Earl said , he had said the same thing , in privat , to his Highness , wherewith he , at that time , appeared satisfied : And the Earl being about to say more , in his own vindication , his Highness interrupting him said , well it is past with yow , but it shall pass so with no other , which words , the Earl thought , did both confirm the Councils acceptance , and his explanation , and sufficiently clear him of all offence , if he had incurred any . And whatever hath been his Highness resolution , or the Earl's misfortune since , the Earl is perswaded , that his Highness was resolved , then , to presse the affair no further : For though some had still the same animosities , and prejudices , against the Earl , yet hitherto , they had not adventured , to undertake , to extract , and forge such crimes , out of his words as afterwards they did : And it was not , till privat suggestions were made , that Advocats were asked ( as they were ) if these words could be stretched to treason ; and that ( when the ablest denyed ) the Kings Advocat complyed , and was ordered to draw the inditement , and some judges were engaged , and secured about it , as will appear , when ever his Majesty thinks it his interest , to take ane exact triall of that whole affair . The Earl did think ( as I just now said , ) his Highness saying , it was past as to him , was enough ; and he was resolved to say no more for justifying himselfe ; but seing he is so hardly pressed , and his life , and honour at the stake , it is hoped his Highness will not disown what the Earl hath hitherto so respectfully concealed ; and is now no less necessary to be spoke out , for his vindication . And that is , that besids that his Highness did allow the Earl to explain , and did hear his explanation , in Council , and approve it : The Earl did twice in privat , once before , and once after his Oath in Council , repeat , to his Highness , the same words , that the treason is now founded on : ( viz. ) That the Earl meant not to bind up himself , to wish , and endeavour , in a Lawfulway , and in his station any alteration , he thought to the advantage of Church , and state , not repugnant to the Protestant Religion , and his Loyalty : and that His Highness was so far from charging them with treason , that he said , plainly , both times , the Earl's scruples were unnecessary , and that the Test did not bind him up , as he imagined : adding further , the last time , that the Earl had cheated himself , for notwithstanding the explanation , he had taken the Test. To which the Earl only answered , that then His Highness should be satisfied . Now , after all this , that treason should be so earnestly searched for , and so groundlesly found , in those words , Is it not strange beyond all example ? could it be treason , for the Earl to say , he wil not bind up himself where His Highness sayes so oft , and so plainly , it was not intended , that he , or any man , should be bound up ? What past , the nixt day , after the Earl had taken the Test , and was receaved by the Council , is also proper for you to know . The Earl , being to take it as one of the Commissioners of the Treasury , it was commonly thought , that he , and the other Commissioners were to take it in the Exchequer : but after ten of the clock , about two hours after the Earl had parted from His Highness , one told him , there was a design upon him , to make him swear once more befor the Council : and accordingly , at twelve , there was an extraordinary Council called in the Abbay , and there it was found , That the Commissioners of Treasury , as officers of the Croun , were to take the Test , before the Council ; and it was told the Earl , that the Exchequer could not , that day , sit without him ; And , to make the matter more solemn , It was resolved , that the Council should meet that after noon , and that His Highness should be present : So as soon as they were mett , the Oath was tendered , and the Earl offering to take it , and saying only these words , as before , The Earl of Roxburgh , never heard to speak in Council till then , stood up behind His Highness chair , and with Clamour , asked what was said : To whom His Highness was pleased to turn , and inform him : Upon which Roxburgh , prepared for the purpose , desired , that what the Earl of Argyll had said , the day before , might be repeated : Which the Earl , seing a design upon him , did at first decline ; till he was peremptorily put to it by His Highness , and he being ingenuous , and thinking no course more proper to prevent mistakes of words . He said , he had a note of what he had said , in his pocket , which His Highness called for , very earnestly , and Commanded him to produce , which being done , and the paper read , so secure was the Earl of his innocency , that he was willing , upon the first motion , to sign it : But the , then , new President of the Session , now Chancellour , and the new Register , could not agree , whither it was fit , or not , the treason not yet appearing , when read in Council , as when they had talked of it , in privat : So the Earl was removed , and then called in , and after these two had wheted , and adjusted their inventions , he was desired positivly to sign the paper , he had given in . To which he answered , he meant well , and truely did see no ill in the paper , why he might not , and if the words did please them then , as they did when they were first pronounced , he would do it : But , if they found the least matter of displeasure in them he would forbear : Whereupon being again removed , and called in , he was told . he had not given the satisfaction required by the Act of Parliament , in taking the Test : And so could not sit in the Council , and somewhat more was added , as if the matter drew deeper , but the particular words I doe not know : To which the Earl said , that he judged , All the Parliament meant was to exclud refusers of the Test from places of trust : And if he were judged a refuser , he submitted , but could conceave no greater danger in the matter , for he had served his Majesty faithfully within doors , and was resolved to doe so without doors , and so he made his obeisance , and went out . Nixt morning , being Saturday November 5. The Earl waited on his Royall Highness , and , amongst other things , told his Highness , he was strangely surprised , that the saying He could not bind up himself in his station , and in a lawful way &c. as was contained in that paper , was lookt on as a crime , ●eing he had said the same words to his Highness formerly , in privat , without any offence , to which His Highness gave no answer , but held his peace , which made the Earl make bold , to put him to remember his own words , and to ask him , what he had said , when the Earl formerly spoke to him : Then His Highness was pleased to say , he had forgot what he had said : To which the Earl answered , the worse indeed for me ; But Sir , here are the same words , I formerly said , without offence , what sayes your Highness now ? What ill is in them ? Let me know & I will vindicat my selfe . And all his Highness at this second time said , was , what hath been above remarked , That they were unnecessary words , that the Earl scrupled needlesly , that he was not tyed up , by that Oath , as he imagined ; And after a pause added , As I have already told you ; Well , you have cheated your self , you have taken the Test : To which the Earl replyed , he hoped then his Highness was satisfied , ( as above ) His Highness then began to complain , that the Earl , the litle while he sat in Council , after he had taken the Oath , had not gone along , to approve the Councils explanation : The Earl said he had not heard the debate : And therefore , it was reasonable , to excuse him from voting . His Highness returned , a litle warmly , that the Earl knew the case will enough ( which indeed was not unlike , and yet not at all strange , that the Earl could not vote , for that explanation , Seing he could not but know , the Parliament did intend the Confession should be sworn : And that he himselfe had taken it in that sense , as all others had done , before that explanation past in Councill ) but the Earl replying nothing , His Highness continued , That the Earl , and others , had designed to bring trouble upon an handfull of poor Catholicks , that would live peaceably , however they were used , but it should light upon others . A litle after , His Highness commanded the Earl not to go out of Town , till he waited on him , which the Earl said he should obey : But notwithstanding thereof , one of the Clerks of the Council was sent to the Earl , that same night , late , to intimat to him , not to go out of Town , till the Council should sit , upon the Tuesday thereafter . Upon Moonday , the seventh of November , the Earle waited on His Highness again , and told him , he was surprised to get such a message from the Council , after his Highness had laid his own commands upon him , and asked what the Councils meaning could be : his Highness was pleased to say , he knew nothing , but referred all to themselves , at their meeting . Upon Tuesday , the 8. of November , when the Council met , without ever calling the Earl , ane order was sent to him , by one of their Clerks , to enter himself prisoner in the Castle of Edinburgh , before twelve of the Clock , the nixt day , with a warrant to the Deputie Governour , to keep him prisoner , wherein the word Sure - firmance was struk out , which appeared to have been fairly writ : This order the Earl receaved , and obeyed it , with great submission , entering all alone in ane haikny Coatch : And when some of his relations , and persons of quality , offered to go along with him , he refused , saying , that if he were pursued at the instance of any other , he would accept of their civility , but seing he was pursued , at the instance of his Majesties Advocat , he would go , in the most humble way that he could think on , and have no body concerned but himself . But all this did not hinder the Council , to write to his Majesty the Letter hereafter insert , giving judgment , before trial , without any hearing , and s●eking leeve to proceed to a process , which they likewise proceeded in , before any return came ; as likewise , about the very date of this Letter , they emitted their explanation of the Test : Albeit in their Letter , they assert , That they had been very careful not to suffer any to take the Test with glosses and explanations . The Earl , some dayes after his entering prisoner into the Castle of Edinburgh , did write a Letter to his Royal Highness , telling him , that he had obeyed his Highness , and the Councils order , in entering prisoner in that place ; that he had not written sooner , lest he might be thought too impatient of his punishment , which appeared to be the effects of an high displeasure , which , he hoped , he nowise deserved ; that he was resolved to continue in all duty , and obedience to his Majesty , and his R. Highness , and never to fail in any profession thereof , he had made ; and begged to know , what satisfaction was expected , and where , and how , he might live with his Highness favour . This Letter , at first , seemed to please , and , the Earl heard , it did , But the only answer , directly returned , was Summonds charging the Earl , with leasing making , and depraving of Laws , before any return from His Majestie : And after a return came , an other Sumonds , with sound of trumpet , containing perjury , and treason , added to the former crimes : Notwithstanding all which , fair weather was made , and it was given out , and likewise intimat to the Earl , by a particular message , from one of the Club , that no more was designed , but to humble the Earl , and to take his heritable , and other offices from him , and his family : and when his Highness was told it was hard measure , by such a process , and on such pretensions , to thereaten life , and fortune , his Highness said , life , and fortune ? God forbid . What happened after these things , and how the processe was carried on , followes now in order : and for your more clear , and distinct information , I have sent you , several , very necessary and useful papers , with indexes on the margin , pointing at such passages , as more remarkably concern this affair : And the papers are . I. Act Char. 2. P. 3. C. 6 , Aug. 31. 1681. Anent Religion , and the Test. II. Act I. 6. P. 1. C. 3. Anno 1567. Anent the annulling of the Acts of Parliament made against God's Word , and for maintainance of Idolatry , in any times by past . III. Act I. 6. P. 1. C. 4. Anno 1567. The Confession of the Faith , and Doctrine , &c. IV. Act I. 6. P. 1 C. 8. Anno 1567. Anent the Kings Oath to be given at his Coronation . V. Act I 6. P. 1. C. 9. No Person may be judge , Procurator , Notar , nor member of Court who professeth not the Religion , &c. VI. Part of the Act I. 6. P. 2. C. 5. Anno 1609. entituled , Act against Jesuits , seminary Priests , sayers , or hearers of Messe , Papists , and receptors of them . VII . Act I : 6. P : 3. C. 47. Anno 1572. Adversaries of the true Religion are not Subjects to the King. Of Apostats . VIII . Act Char. 2. P. 2. C 1. 16 Nov. 1669. Act asserting his Majesties Supremacy , over all persons , and in all causes ecclesiastical . IX . The Bishop of Aberdeens explication of the Test. X. The explication of the Test by the Synod , and Clergie of Perth . XI . Paraphrase on the Test : XII . Grounds wherupon some of the conform Ministers scruple to take the Test. XIII . Sederunt of the Council 22. September 1681. XIV : The Earl of Queensberries explanation . XV. Sederunt 21 : October 1681. XVI . The Bishop of Edinburgh's paper , and vindication of the Test. XVII . Sederunt 3 November 1681. XVIII . Privy Councils explanation . XIX . Sederunt 4. Nov. 1681. XX. The Earl of Argyl's explication of the Test. XXI . The explanation of his explication . XXII , The Councils Letter to the King. XXIII . The Kings Answer . XXIV , The inditement . XXV . Abstract of the Acts of Parliament , whereupon the inditment is founded . XXVI . The Earl of Argyl's first Petition for Advocats . XXVII . The Councils Answer . XXVIII . The Earl of Argyl's second Petition . XXIX . The Councils Answer . XXX . The Earl of Argyl's Letter of Atturney . XXXI . Instrument thereon . XXXII . Opinion of Lawyers of the Earl's Case . Which Papers may give you much light in this whole matter . An● ACT For securing the Protestant Religion , and enjoyning a Test. OUR Soveraign Lord , with his Estates of Parliament considering , That albeit by many good , and wholsom Laws , made by his Royal Grandfather , and Father , of glorious Memory , and by himself , in this , and the other Parliaments , since his happy restauration , The Protestant Religion is carefully asserted , established , and secured against Popery , and Fanaticisme ; yet the restless Adversaries of our Religion , do not cease to propagate their errors , and to seduce His Majesties Subjects from their duty to God , and loyalty to his Vicegerent ; and to overturn the established Religion , by introducing their superstitions , and delusions into this Church and Kingdom . And knowing , that nothing can more encrease the numbers , and confidence of Papists , and Schismatical Dissenters from the established Church , then the supine neglect of putting in execution the good Laws provided against them , together with their hopes to insinuate themselves into Offices , and places of trust ; and publick employment : Therefore His Majesty , from his Princely , and pious Zeal , to maintain , and preserve the true Protestant Religion , contained in the Confession of Faith , recorded in the first Parliament of King James the VI. which is founded on , and agreeable to the written word of God. Doeth with advice , and consent of his Estates of Parliament , require and command all his Officers , Judges , and Magistrates , to put the Laws made against Popery , and Papists , Priests , Jesuits , and all persons of any other Order , in the Popish Church ; especially against all sayers , and hearers of Messe , venters , and dispensers of forbidden books , and resetters of popish Priests , and excommunicat Papists ; as also against all fanitical Separatists from this National Church , against Preachers at house , or field Conventicles , and the resetters , and harbourers of preachers who are intercommuned ; against disorderly Baptisms , and Marriages , and irregular Ordinations , and all other schismatical disorders , to full ▪ and vigorous execution , according to the tenor of the respective Acts of Parliament thereanent provided . And that His Majesties Princely Care , to have these Laws put in execution , against these enemies of the Protestant Religion , may the more clearly appear , He doth with aduice and consent foresaid , statute and ordain , that the Ministers of each Parish give up in October yearly , to their respective Ordinaries , true and compleat Lists of all Papists , and schismatical with-drawers from the publick worship , in their respective Parishes , which Lists are to be subscribed by them : and that the Bishops give in a double of the said Lists , subscribed by them , to the respective Sheriffs , Steuards , Bayliffs of Royalty and Regality , and Magistrates of Burghs , to the effect , the said Judges may proceed against them , according to Law : As also the Sheriffs , and other Magistrats foresaid , are hereby ordained to give an accompt to His Majesties Privy - Council , in December , yearly , of their prooceedings against those Papists and fanatical separatists , as they will be answerable at their highest peril . And that the diligence done by the Sheriffs , Baylies of Regalities , and other Magistrates foresaid , may be the better enquired into by the Council , the Bishops of the respective Diocesses , are to send exact doubles of the Lists of the Papists , and Fanatiks , to the Clerk of the Privy - Council , whereby the diligence of the Sheriffs , and other Iudges of Courts may be comptrolled , and examined . And to cut off all hopes from Papists , and Fanatiks , of their being imployed in Offices , and Places of publick trust , It is hereby statute , and ordained , That the following Oath shall be taken by all persons in Offices , and Places of publick trust , Civil , Ecclesiastical , and Military ; especially by all Members of Parliament , and all Electors of Members of Parliament ; all Privy-Councellors , Lords of Session , Members of the Exchequer , Lords of Justitiary , and all other Members of these Courts , all Officers of the Crown and State , all Archbishops , and Bishops , and all Preachers , and Ministers of the Gospel whatsoever , all persons of this Kingdom , named or to be named , Commissioners of the Borders , all Members of the Commission for Church affaires , all Sheriffs , Steuards , Baylies of of Royalties and Regalities , Iustices of Peace , Officers of the Mint , Commisaries and their Deputies , their Clerks , and Fiscals , all Advocats , and Procurators before any of these Courts , all Writers to the Signet , all publick Notars , and other persons imployed in writing , and agenting , The Lyon King at arms , Heraulds , Pursevants , Messengers at Arms , all Collectors , Sub ▪ Collectors , and Fermers of His Majesties Customes , and Excise , all Magistrats , Deans of Gild , Councellors and Clerks of Boroughs Royal & Regality , all Deacons of trades and De●con-conveeners in the said Burghs , all Masters and Doctors in Universities , Colledges or Schools , all Chaplans in families , Pedagogues to children , and all Officers , and Soldiers in Armies , Forts or Militia , And all other persons in any publick Trust or office within this Kingdom , who shall publickly swear , and subscribe the said Oath , as follows : viz. Archbishops , Chief Commanders of the Forces , and Officers of the Crown and State , and Councellors , before the Secret Council : all the Lords of Session , and all members of the Colledg of Justice , and others depending upon them , before the Lords of Session : the Lords of lustitiary , and all these depending upon that Court , in the Iustice-Court : the Lords , and other Members of the Exchequer , before the exchequer ; all Bishops before the Archibishops , all the Inferior Clergy , Commisaries , Masters , & Doctors of Universities & Schools , Chaiplans , & Pedagogues , before the Bishops of the respective Diocesses ; Sheriffs , Stewards , Baylies of Royalty and Regality , and these depending on these Iurisdictions , before their respective Courts ; all Provosts , Baylies , and others of the Boroughs , before the Town-Council ; all Collectors and Fermers of the Kings Customs and Excise , before the Exchequer , the Commissioners of the Borders before the Privy-Council : all Iustices of the Peace before the Conveeners , and the Officers of the Mint before the General of the Mint ; and the Officers of the Forces before the Commander in chief , and common Soldiers before their respective Officers : The Lyon before the Privy Council , and Heraulds , Pursevants and Messengers at Arms , before the Lyon. And His Majesty , with consent foresaid , Statutes and ordains , that all these who presently possess and enjoy any of the foresaid offices , publick Trusts , and Imployments , shall take and subscribe the following Oath in one of the foresaid Offices in manner before prescribed betwixt — and the first of January next , which is to be recorded in the Registers of the respective Courts , and extracts thereof under the Clerks hand , to be reported to His Majesties Privy-Council betwixt — and the first of March 1682. and hereafter in any other Courts whereof they are Iudges or Members , the first time they shall sit or exercise in any of these respective Courts ; and ordains , That all who shall hereafter be promoted to , or imployed in any of the foresaid Offices , Trusts or Imployments , shall at their entry into , and before their exercising thereof , take and subscribe the said Oath in manner foresaid , to be recorded in the Registers of their respective Courts , and reported to His Majesties Privy Council , within the space of fourty days , after their taking of the same . And if any shall presume to exercise any of the faid offices or Imployments , or any publick Office or Trust within this Kingdom ( the Kings Brothers and Sons only excepted ) until they take the Oath foresaid , and subscribe the same to be recorded in the Registers of the respective Courts , they shall be declared incapable of all publick trust thereafter , and be further punished with the loss of their moveables and liferent-escheats the one half whereof is to be given to the Informer , and the other half to belong to his Majesty ; and his Majesty with advice foresaid recommends to his Privy-Council to see this Act put to due and vigorous execution . The TEST . Containing the Oath to be taken by all Persons in publick Trust. I Solemnly swear , in the presence of the eternal God , whom I invoke as Judge , and witnesse of the sincere intention of this my Oath , That I own and sincerely profess the true Protestant Religion , contained in the Confession of Faith / recorded in the first Parliament of King James the VI , and that I believe the same to be founded on , and agreeable to the written Word of God. And I promise and swear , That I shall adhere thereunto , during all the dayes of my life-time ; and shall endeavour to educate my Children therein ; And shall never consent to any change or alteration contrary thereto , and that I disoun and renounce all such Principles , Doctrines , or practices , whether Popish , or Fanatical which are contrare unto , and inconsistent with the said Protestant Religion , and Confession of Faith. And for testification of my obedience ●o my most gracious Soveraign , Charles the II. I do affirm , and swear by this my solemn Oath , that the Kings Majesty is the only Supreme Governour of this Realm , over all persons , and in all causes , as well ecclesiastical as civil : And that no forreign Prince , Person , Pope , Prelate , State or Potentate , hath , or ought to have any Jurisdiction , Power , Superiority , Preheminency , or Authority , Ecclesiastical or Civil , within this Realm . And therefore I do utterly renounce , and forsake all foreign Jurisdictions , Powers , Superiorities , and Authorities : And do promise , that from henceforth I shall bear Faith , and true Allegiance to the Kings Majesty , his Heirs and lawful Successors ; and to my power shall assist and defend all Rights , Jurisdictions , Prerogatives , Priviledges , Preferments , and Authorities belonging to the Kings Majesty , his Heirs and lawful Successors . And I further affirm and swear by this my solemn Oath , That I judge it unlawful for Subjects , upon pretence of Reformation , or any other pretence whatsoever , to enter into Covenants or Leagues , or to convocar , conveen , or assemble in any Councils , Conventions or Assemblies , to treat , consult or determine in any matter of State , Civil or Ecclesiastick , without his Majesties special command , or express licence had thereto ; or to take up arms against the King , or these Commissionate by him . And that I shall never so rise in arms , or enter into such Covenants or Assemblies : And that there lies no obligation on me from the National Covenant , or the Solemn League and Covenant ( commonly so called ) or any other manner of way whatsoever , to endeavour any change or alteration in the Government , either in Church or State , as it is now established by the Laws of this Kingdom . And I promise and swear , That I shall , with my utmost power , defend , assist and maintain his Majesties Jurisdiction foresaid against all deadly . And I shall never decline his Majesties Power and Jurisdiction , as I shall answer to God. And finally , I affirm and swear , That this my solemn Oath is given in the plain genuine sense , and meaning of the words , without any equivocation , mental reservation , or any manner of evasion whatsoever ; and that I shall not accept or use any dispensation from any creature whatsoever ; So help me God. Act J. 6. P. 1. C. 3. Anno 1567. Anent the annulling of the Acts of Parliament , made against God His Word , and for maintainance of Idolatrie , in any tymes bypast . ITem , our Soveraigne Lord , with advice of his dearest Regent , and three Estates of this present Parliament , ratifies and approves the Act under-written , made in the Parliament holden at Edinburgh , the 24. day of August , the year of God an● thousand five hundred threescore years . And of new in this present Parliament , statutes and ordains the said Act , to be as a perpetual Law to all our Soveraigne Lords leiges in all times coming . Of the quhilk the tenour followes . The quhilk day , for same●●le as there has been divers and sundrie Acts of Parliament , made in King James the I. II. III. IV. and V's times , Kings of Scotland for the time , and also in our soveraigne Ladies time , not agreeing with Gods holy Word , and by them divers persons take occasion to maintaine Idolatrie , and Superstition , within the Kirk of God , and rep●esse such persons as were professors of the said Word , wherethrow divers innocents did suffer . And for escheving such inconveniences in time coming , the three Estates of Parliament has annulled , and declared all such Acts made in tymes bypast , not agreeing with God His Word , and now contrary to the Confession of Faith , according to the said Word , published in this Parliament , to be of none availe , force nor effect . And decerns the said Acts and every ane of them , to have no effect nor strength ; in time to come : But the same to be abolished and extinguished for ever in so far as any of the foresaid Acts are repugnant , and contrary to the Confession of Faith , and Word of God foresaid , ratified and approved by the Estates in this present Parliament . And therefore decerns and ordains , the Contraveeners of the famine Act in any time hereafter to be punished , according to the Lawes . Of the Quhilk Confession of the Faith the ●●nour follows . THE Confession of the Faith , and Doctrine , Believed , and professed by the Protestants of Scotland , exhibited to the Estates of the same in Parliament , and by their publick Vots authorized , as a Doctrine grounded upon the infallible Word of God. As the same Confession stands recorded . Ja. 6. p. 1. c : 4. Anno 1567. I. Of God. WE confesse , and acknowledge ane onely God , to whom onely we must cleave , whom onely we must serve , whom only we must worship , and in whom onely we must put our trust , who is Eternal , Infinit , Unmeasurable , Incomprehensible , Omnipotent , Invisible , ane in substance , and yet distinct in three Persons , the Father , the Sonne , and the holie Ghost . By whom we confesse and believe all things in heaven and earth , aswel Visible as Invisible ; to have been created , to be retained in their being , and to be ruled , and guided by his inscrutable Providence , to sik end , as his Eternal Wisdome , Goodness , and Justice has appointed them , to the manifestation of his own glorie . II. Of the Creation of Man. WE confess and acknowledge , this our God to have created man , to wit , our first father Adam , in his own Image and similitude , to whom he gave Wisedome , Lordship , Iustice , Free will , and clear knowledge of himself , so that in the hail nature of man there could be noted no imperfection . Fra quhilk honour and perfection , Man and Woman did both fall , the Woman being deceived be the Serpent , and Man obeying the voyce of the Woman , both conspiring against the Soveraign Majestie of God , who in expresse words had before threatned death , if they presumed to eat of the forbidden Tree . III. Of Original Sinne. BE quhilk transgression , commonlie called Original Sinne , was the image of God utterlie defaced in Man , and he and his posteritie of nature became enemies to God , slaves to Sathan , and servants unto sin , in samiekle that death everlasting has had ; and shall have power and dominion , over all that have not been , are not , or shall not be regenerated from above , quhilk regeneration is wrought by the power of the holie Ghost working in the hearts of the elect of God ane assured faith in the promise of God , revealed to us in his word , be quilk Faith we apprehend Christ Jesus with the graces , and benefits promised in him . IV. Of the Revelation of the Promise . FOR this we constantlie believe , that God after the fearful and horrible defection of man fra his obedience , did seek Adam again , call upon him , rebuke his sin , convict him of the same , and in the end made unto him ane most joyful promise , to wit , that the seed of the woman should break down the serpents head , that is , he should destroy the works of the Devil ; quhilk promise , as it was repeated , and made mair cleare from time to time ; so was it embraced with joy , and maist constantly received of all the faithful from Adam to Noah , from Noah to Abraham , from Abraham to David , and so forth to the incarnation of Christ Jesus , all ( we mean the faithful fathers under the law ) did see the joyful day of Christ Jesus , and did rejoyce . V. Of The continuance , increase , and preservation of the Kirk . WE maist constantly believe that God preserved , instructed , multiplyed , honoured , decored , and from death called to life , his Ki●k , in all ages , fra Adam till the coming of Christ Jesus in the flesh : For Abraham he called from his fathers countrey , him he instructed , his seedhe multiplyed , the same he marvelously preserved , and mair marvelously delivered from the bondage and tyranny of Pharaoh ; to them he gave his Laws , constitutions and ceremonies , them he possessed in the Land of Canaan , to them after Iudges , and after Saul , he gave David to be King , to whom he made promise , that of the fruit of his Ioynes should ane sit for ever upon his regnall seat : To this same people , from time to time , he sent Prophets to reduce them to the right way of their God , from the quhilk oftentimes they declined , by Idolatry : and albeit that for their stubborn contempt of justice , he was compelled to give them into the hands of their enemies , as before was threatned by the mouth of Moses , in sameikle that the hally City was destroyed , the temple burnt with fire , and the haile land left desolate , the space of lxx years , yet of mercy did he reduce them again to Jerusalem , where the City , and Temple were reedified , and they , against all temptations and assaults of Sathan , did abide till the Messias came , according to the promise . VI. Of the Incarnation of Christ Jesus . WHEN the fulness of time came , God sent his Son , his eternal wisdome , the substance of his own glory , into this World , who took the nature of man-head of the substance of woman , to wit of a virgin , and that by operation of the Holy Ghost , and so was born the just seed of ●avid , the Angel of th● great counsell of God , the very Messias promised , whom we confess and acknowledge Emmanuel , very God and very man , two perfect natures united , and joyned in one person . By quhilk our Confession we condemn the damnable , and pestilent herefies of Arrius , Marchion , Eutiches , Nest●rius , and sik others , as either did deny the eternity of his God-head , or the verity of his human nature , or confounded them , or yet divided them . VII . Why it behoved the Mediator to be very God , and very man. WE acknowledge , and confess , that this maist wonderous conjunction betwixt the God-head , and the man-head in Christ Jesus , did proceed from the eternal and immutable decree of God , from quhilk all our salvation springs , and depends . VIII . Of Election . FOR that same eternal God and Father , who of meer grace elected us in Christ Jesus his son , before the foundation of the World was laid , appointed him to be our head , our brother , our pastor , and great Bishop of our souls : But because that the enmity betwixt the justice of God and our sins was sik , that no flesh by it self could , or might have attained unto God , it behoved that the Son of God should descend unto us , and take to himself a bodie of our bodie , flesh of our flesh , and bone of our bones , and so become the Mediator betwixt God and man , giving power to so many as believe in him to be the sons of God , as himself does witness . I passe up to my Father , and to your Father , to my God , and to your God : Be quhilk maist haly fraternity whatsoever we have tynt in Adam is restored unto us again : And for this cause we are not afraid to call God our Father , not sameikle because he has created us quhilk we have common with the reprobate ) as for that , that he has given to us his only Son , to be our brother , and given unto us grace to acknowledge and imbrace him for our only Mediator as before is said ; it behoved farther the Messias and Redeemer to be very God and very man , because he was to underly the punishment due for our transgressions , and to prefent himself in the presence of his Fathers Iudgement , as in our person , to suffer for our transgression , and inobedience , by death to overcome him that was author of death . But because the onely God-head could not fuffer death , neither yet could the onely man-head overcome the samine , he joyned both together in one person , that the imbecillity of the ane should suffer , and be subject to death ( quilk we had deserved ) And the infinite and invincible power of the other , to wit , of the goodhead should triumph , and purchase to us life , liberty , and perpetual victory : And so we confess , and maist undoubtedly believe . IX . Of Christs Death , Passion , and Burial . THAT our Lord Iesus offered himself a voluntary Sacrifice unto his Father for us , that he suffered contradiction of sinners , that he was wounded , and plagued for our transgressions , that he being the clean innocent Lamb of God , was damned in the presence of ane earthly Iudg , that we should be absolved before the tribunal seat of our God , that he suffered not only the cruel death of the Cross [ quhilk was accursed by the sentence of God , ] but also that he suffered for a season the wrath of his Father , quhilk sinners had deserved . But yet we avow , that he remained the only well-beloved and blessed Son of his Father , even in the midst of his anguish , and torment , quhilk he suffered in body and soul , to make the full satisfaction for the sins of his people . After the quhilk , we confess , and avow that there remains no other Sacrifice for sin , quhilk if any affirm , we nothing doubt to avow , that they are blasphemous against Christs death , and the everlasting purgation , and satisfaction purchased to us by the same . X. Of his Resurrection . WE undoubtedly believe , that in samiekle as it was impossible that the dolours of death should retain in bondage the Author of life , that our LORD JESUS crucified , dead , and buried , who descended into hell , did rise again , for our justification , and destroying him who was the Author of death , brought life again to us that were subject to death , and to the bondage of the same . We know , that his Resurrection was confirmed by the testimony of his very enemies , by the Resurrection of the dead , whose Sepulchres did open , and they did rise , and appeared to many , within the City Jerusalem . It was also confirmed by the testimony of his Angels , and by the senses , and judgments of his Apostles , and of others , who had conversation , and did eat and drink with him , after his Resurrection . XI . Of his Ascension , WE nothing doubt , but the self-same body , quhilk was born of the Virgin , was crucifyed , dead , and buried , and quhilk did rise again , did ascend into the heavens , for the accomplishment of all things , where , in our names , and for our comfort , he has received all power in heaven , and earth , where he sits at the right hand of the Father , inaugurate ‑ in his Kingdom , Advocate and onely Mediator for us . Quhilk Glory , Honour and Prerogative , he alone among the brethren sall possess , till that all his Enemies be made his fotostool , as that we undoubtedly believe they sall be in the finall judgement : To the execution whereof we certainly beleive , that the same our Lord Iesus sall as visibly return , as that he was seen to ascend . And then we firmly believe , that the time of refreshing and restitution of all things sall come , in samiekle that they that fra the beginning have suffered violence , injury and wrong , for righteousness sake , sall inherit that blessed immortality promised fra the beginning . But contrariwise , the stubborn , inobedient , cruell oppressours , filthy persons , idolaters , and all such sorts of unfaithfull , sall be cast into the dungeon of utter darkness , where the worm sall not die , neither yet their fire sall be extinguished . The remembrance of quhilk day , and of the judgement to be executed in the same , is not onely to us a bridle , whereby our carnal lusts are refrained , but also such inesteemabe comfort , that neither may the threatning of Worldly Princes , neither yet the fear of temporal death , and present danger , move us to renounce and forsake that blessed society which we the members have with our Head and only Mediator , Christ Iesus , whom we confess and avow to be the Messias promised , the only head of his Kirk , our just Lawgiver , our only high Priest , Advocate and Mediator : In which Honours and Offices , if Manor Angel presume to intrude themselves , we utterly detest and abhor them , as blasphemous to our Soveraign and Supreme Governour , Christ Iesus . XII . Of Faith in the Holy Ghost . THis our Faith , and the assurance of the same , proceeds not from flesh and blood ; that is to say , from no natural powers within us , but is the inspiration of the Holy Ghost : Whom we confess God equal with the Father , and with the Son , who sanctifies us , and brings us in all verity , by his own operation , without whom we should remain for ever enemies to God , and ignorant of his Son Christ Jesus : For of nature we are so dead , so blind , and so perverse , that neither can we feel when we are pricked , see the light when it shines , nor assent to the will of God when it is revealed , unless the Spirit of the Lord Jesus quicken that which is dead , remove the darkness from our minds , and bow our stubborn hearts to the obedience of his blessed will. And so as we confess , that God the Father created us , when we were not : As his Son , our Lord Iesus , redeemed us , when we were enemies to him ; so also do we confess , that the Holy Ghost doth sanctifie , and regenerate us , without all respect of any merit proceeding from us ; be it before , or be it after our Regeneration . To speak this one thing yet in more plain words : As we willingly spoil our selves of all honour , and glory of our own Creation , and Redemption ; so do we also of our Regeneration , and Sanctification : For of our selves we are not sufficient to think one good thought , but he who has begun the work in us is only he that continues us in the same , to the praise and glory of his undeserved Grace . XIII . Of The cause of good works . SO that the cause of good works , we confess to be not our free will , but the Spirit of the Lord Iesus , who dwelling in our hearts by true faith , brings forth such works as God has prepared for us to walk in . For this we most boldly affirm , that blasphemy it is to say , that Christ abides in the hearts of such as in whom there is no Spirit of Sanctification . And therefore we fear not to affirm , that Murtherers , Oppressors , cruel Persecutors , Adulterers ; Whoremongers , filthy Persons , Idolaters , Drunkards , Thieves , and all workers of Iniquity , have neither true Faith , neither any portion of the Spirit of the Lord Iesus , so long as obstinately they continue in their wickedness . For how soon that ever the Spirit of the Lord Iesus [ which Gods elect children receive by true Faith ] takes possession in the heart of any man , so soon does he regenerate , and renew the same man. So that he begins to hate that which before he loved , and begins to love that which before he hated , and from thence comes that continual battel which is betwixt the Flesh , and the Spirit in Gods Children ; still the flesh and natural man , according to its own corruption , lusts for things pleasant and delectable unto it self , and grudges in adversity , is lifted up in prosperity , and at every moment is prone and ready to offend the Majesty of God. But the Spirit of God , which gives witnessing to our Spirit , that we are the Sons of God , makes us to resist filthy pleasures , and to groan in Gods presence , for deliverance from this bondage of corruption . And finally , to triumph over sin , that it reign not in our mortal bodies . This battel hath not the carnal man , being destitute of Gods Spirit , but does follow , and obey sin with greediness , and without repentance , even as the Devil , and their corrupt Lusts do prick them . But the Sons of God , as before was said , do fight against sin , do sob and mourn , when they perceive themselves tempted in iniquity : and if they fall , they rise again with earnest and unfeigned repentance , and these things they do not by their own power , but by the power of the Lord Iesus , without whom they were able to do nothing . XIV . What works are reputed good before God. WE confess and acknowledg , that God has given to man his holy Law , in which not only are forbidden all such work as displease , and offend his godly Majesty , but also are commanded all such as please him , and as he has promised to reward . And these works be of two sorts . The one is done to the honour of God , the other to the profit of our Nighbours : and both have the revealed will of God for their assurance . To have one God , to worship , and honour him , to call upon him in all our troubles , to reverence his holy Name , to hear his word , to beleeve the same , to communicate with his holy Sacraments , are the works of the first Table . To honour Father , Mother , Princes , Rulers , and Superior Powers : to love them , to support them , yea to obey their charges ( not repugning to the commandment of God ) to save the lives of Innocents , to repress Tyranny , to defend the oppressed , to keep our bodies clean and holie , to live in soberness , and temperance , to deal justly with all men both in word and deed : And finally , to repress all appetite of our Neighbours hurt , are the good works of the second Table , which are most pleasing and acceptable unto God , as those works that are commanded by himself : The contrary whereof is sin most odious , which always displeases him , and provokes him to anger ; As not to call upon him alone , when we have need , nor to hear his word with reverence , to contemn and despise it , to have or to worship Idols , to maintain , & defend Idolatry , lightly to esteem the reverend name of God , to prophane , abuse , or contemn the Sacraments of Christ Jesus , to disobey or resist any that God has placed in Authority [ while they pass not over the bounds of their Office ] to murther ; or to consent thereto , to bear hatred , or to let Innocent blood be shed , if we may withstand it . And finally , the trangression of any other commandment in the first or second Table , we confess and affirm to be sin , by the which Gods anger and displeasure is kindled against the proud unthankful world . So that good works we affirm to be those only , that are done in Faith , and at Gods commandment , who in his Law has expressed what the things be that please him . And evil works we affirm to be not only those that expresly are done against Gods commandment ; but those also that in matters of Religion , and worshipping of God , has no other assurance but the invention and opinion of man : which God from the beginning has ever rejected , as by the Prophet Esay , and by our Master Christ Jesus , we are taught in these words , Invain do they worship me , teaching for doctrines the precepts of men . XV. Of The perfection of the Law , and the imperfection of Man. THe Law of God we confesse , and acknowledge most just , most equal , most holy , and most perfect , commanding those things which being wrought in perfection , were able to give life , and able to bring man to eternal felicity . But our nature is so corrupt , so weak , and so imperfect , that we are never able to fulfil the works of the Law in perfection . Yea , if we say we have no sin , even after we are regenerated , we deceive our selves , and the verity of God is not in us . And therefore it behoves us to apprehend Christ Jesus , with his Justice , and Satisfaction , who is the end , and accomplishment of the Law , by whom we are set at this liberty , that the Curse , and Malediction of God fall not upon us , albeit we fulfil not the same in all points . For God the Father beholding us in the body of his Son Christ Jesus , accepts our imperfect obedience , as it were perfect , and covers our works , which are defiled with many spots , with the Justice of his Son. We do not mean , that we are so let at liberty , that we owe no obedience to the Law ( for that before we have plainly confessed , ) but this we affirm , that no man in earth ( Christ Jesus only except ) has given , gives , or shall give in work , that obedience to the Law , which the Law requires . But when we have done all things , we must fall down , and unfeignedly confess , that we are unprofitable Servants . And therefore whosoever boasts themselves of the merits of their own works , or put their trust in the works of Supererogation , boast themselves in that which is naught , and put their trust in damnable Idolatry . XVI . Of the Kirk . AS we believe in one God , Father , Son , and Holy Ghost ; so do we most constantly believe , that from the beginning there has been , and now is , and to the end of the World shall be , one Kirk ; that is to say , one company and multitude of men chosen of God , who rightly worship , and embrace him by true Faith in Christ Jesus , who is the only Head of the same Kirk , which also is the Body , and Spouse of Christ Jesus , which Kirk is Catholick , that is , Universal , because it contains the Elect of all ages , of all Realms , Nations , and Tongues , be they of the Jews , or be they of the Gentiles , who have Communion , and Society with God the Father , and with his Son Christ Jesus , through the Sanctification of his Holy Spirit ; and therefore it is called the Communion , not of prophane persons , but of Saints , who as Citizens of the Heavenly Jerusalem , have the fruition of the most inestimable benefits , to wit , of one God , one Lord Jesus , one Faith , and one Baptism : Out of the which Kirk there is no other life , nor eternal felicity . And therefore we utterly abhor the blasphemy of them that affirm , that men which live according to Equity , and Justice shall be saved , what Religion that ever they have professed : For as without Christ Jesus there is no other Life nor Salvation ; so shall there none be participant thereof , but such as the Father has given unto his Son Christ Jesus , and they that in time come unto him , avow his Doctrine , and believe into him ( we comprehend the Children with the faithful Parents . ) This Kirk is invisible , known only to God , who alone knows whom he has chosen , and comprehends as well ( as said is ) the Elect that be departed ▪ commonly called the Kirk triumphant , as those that yet live , and fight against sin , and Satan , and shall live hereafter . XVII . Of The Immortality of the Soul. THe Elect departed are in peace , and rest from their labours : not that they sleep , and come to a certain oblivion , as some Phantasticks do affirm : but that they are delivered from all fear , and torment , and all temptation , to which we , and all God's Elect are subject in this life ; and therefere do bear the name of the Kirk-Militant : As contrary wise , the reprobate , and unfaithful departed , have anguish , torment , and pain , that cannot be expressed : So that neither are the one nor the other in such sleep , that they feel not their happiness nor torment , as the Parable of Christ Jesus in the 16. of Luke , his words to the Thief , and these words of the Souls crying under the Altar : O Lord , thou that art righteous , and just , How long shalt thou not revenge our blood upon these that dwell in the earth ? does declare . XVIII . Of the Notes by the which the true Kirk is discerned from the false , and who shall be Iudge of the Doctrine . BEcause that Sathan from the beginning has laboured to deck his pestilent Synagogue with the title of the Kirk of God , and has inflammed the hearts of cruel murtherers , to persecute , trouble , and molest the true Kirk , and Members thereof , as Cain did Ab●l , Ishmael Isaac , Esau Jacob , and the whole Priesthood of the Jews , Christ Jesus himself , and his Apostles after him . It is one thing most requisite , that the true Kirk be discerned from the filthy Synagogues , by clear , and perfect Notes , lest we being deceived , receive and embrace to our own condemnation , the one for the other . The notes , signs , and assured tokens , whereby the immaculate Spouse of Christ Jesus is known from the horrible Harlot , the Kirk Malignant , we affirm , are neither Antiquity , Title usurped , Lineal descent , Place appointed , nor Multitude of men approving ane error : Cain in Age and Title was preferred to Abel and Seth : Jerusalem had prerogative above all places of the earth , where also were the Priests lineally descended from Aaron . And greater numbers followed the Scribes , Pharisees , and Priests , than unfeignedly believed and approved Christ Jesus , and his Doctrine : And yet as we suppose , no man of sound judgment will grant , that any of the forenamed were the Kirk of God. The notes therefore of the true Kirk of God , we believe , confess , and avow to be , first , the true preaching of the Word of God , in the which God has revealed himself unto us , as the Writings of the Prophets and Apostles do declare . Secondly , the right Administration of the Sacraments of Christ Iesus , which must be annexed unto the word , and promise of God , to seal , and confirm the same in our hearts . Lastly , Ecclesiastical Discipline uprightly ministred , as God's Word prescribes , whereby Vice is repressed , and Vertue nourished . Wheresoever then these former notes are seen , and of any time continue ( be the number never so few , about two or three ) there without all doubt is the true Kirk of Christ , who according unto his promise , is in the midst of them : Not that universal , of which we have before spoken , but particular , such as was in Corintbus , Galatia , Ephesus , and other places , in which the Ministry was planted by Paul , and were of himself named the Kirks of God : and such Kirks we the Inhabitants of the Realm of Scotland , Professors of Christ Jesus , profess our selves to have in our Cities , Towns , and places reformed : For the Doctrine taught in our Kirks is contained in the written Word of Godto wit , in the Books of the Old & New Testament , in those Books , we mean , which of the Ancients have been reputed Canonical . In the which we affirm , that all things necessary to be believed , for the salvation of Mankind , is sufficiently expressed . The interpretation whereof , we confess , neither appertains to private nor publick persons , neither yet to any Kirk ▪ for any preheminence , or prerogative , personally and locally , which one has above another , but appertains to the Spirit of God , by the which also the Scripture was written . When controversie then happens , for the right understanding of any place , or sentence of Scripture , or for the reformation of any abuse within the Kirk of God , we ought not so much to look what men before us have said or done , as unto that which the H. Ghost uniformly speaks , within the body of the Scriptures , and unto that which Christ Iesus himself did , and commanded to be done . For this is one thing universally granted , that the Spirit of God , which is the Spirit of Unity , is in nothing contrarious unto himself . If then the Interpretation , Determination , or Sentence of any Doctor , Kirk or Council , repugne to the plain word of God , written in any other place of the Scripture , it is a thing most certain , that there is not the true understanding & meaning of the Holy Ghost , altho that Coun cils , Realms and Nations have approved , and received the same : For we dare not receive nor admit any interpretation , which repugnes to any principal point of our faith , or to any other plain text of Scripture , or yet unto the rule of charity . XIX . Of The Authority of the Scriptures . AS we believe , and confess the Scriptures of God sufficient to instruct , and make the man of God perfect ; so do we affirm , and avow the Authority of the same , to be of God , and neither to depend on Men , nor Angels . We affirm therefore , that such as alledg the Scripture , to have no other Authority , but that which it has received from the Kirk , to be blasphemous against God , and ●njurious to the true Kirk , which always hears , and obeys the voice of her own Spouse , and Pastor , but takes not upon her to be Mistres over the same . XX. Of General Councils , of their Power , Authority , and cause of their Convention . AS we do not rashly damn that which godly men assembled together in General Council , lawfully gathered , have proponed unto us ; so without just examination , dare we not receive whatsoever is obtruded unto men under the name of General Councils : For plain it is , as they were men , so have some of them manifestly erred , and that in matters of great weight and importance . So far then as the Council proves the determination , and commandment that it gives , by the plain word of God , so soon do we reverence and embrace the same . But if men under the name of a Council , pretend to forge unto us new Articles of our Faith , or to make Constitutions repugning to the Word of God , then utterly we must refuse the same , as the Doctrine of Devils , which draws our souls from the voice of our only God , to follow the Doctrines and Constitutions of men . The cause then why that General Councils conveened , was neither to make any perpetual Law , which God before had not made , neither yet to forge new Articles of our Belief , nor to give the Word of God Authority , much less to make that to be his Word , or yet the true Interpretation of the same , which was not before , by his holy will , expressed in his word : But the cause of Councils ( we mean of such as merit the name of Councils ) was partly for confutation of Heresies , and for giving publick confession of their Faith to Posterity following , which both they did by the authority of Gods written Word , and not by any Opinion or Prerogative , that they could not erre , by reason of their general Assembly-And this we judg to have been the chief cause of General Councils . The other was for good Policy , and Order to be constitute , and observed in the Kirk , in which ( as in the house of God ) it becomes , all things to be done decently , and in order . Not that we think , that any policy , and order in Ceremonies , can be appointed for all ages , times , and places : For as Ceremonies , such as men have devised , are but temporal , so may , and ought they to be changed , when they rather foster Superstition , than that they edifie the Kirk , using the same . XXI . Of the Sacraments . AS the Fathers under the Law , besides the verity of the Sacrifices , had two chief Sacraments , to wit , Circumcision and the Passeover , the despisers and contemners whereof were not reputed of Gods People ; so do we acknowledg and confess , that we now in the time of the Evangel , have two chief Sacraments only instituted by the Lord Jesus , and commanded to be used of all these that will be re●uted Members of his Body ; to wit , Baptism , and the Supper or Table of the Lord Jesus , called the Communion of his Body and Blood. And these Sacraments as well of Old , as New Testament , were instituted of God , not only to make a visible difference betwixt his People , and these that were without his League ; but also to exercise the faith of his Children , and by participation of the same Sacraments to seal in their hearts the assurance of his promise , and of that most blessed conjunction , union and society , which the Elect have with their , Head Christ Jesus . And thus we utterly damn the vanity of them , that affirm Sacraments to be nothing else but naked and bare signs . No , we assuredly believe , that by Baptism we are ingrafted in Christ Jesus , to be made pertakers of his Justice , by which our sins are covered and remitted . And also that in the Supper rightly used , Christ Jesus is so joyned with us , that he becomes very nourishment , and food of our souls . Not that we imagine any Transubstantiation of Bread into Christs natural Body , & of Wine into his natural Blood , as the Papists have perniciously taught , and damnably believed ; but this Union and Conjunction which we have with the Body and Blood of Christ Iesus , in the right use of the Sacraments , is wrought by the operation of the Holy Ghost , who by true faith carries us above all things that are visible , carnal , and earthly , and makes us to feed upon the Body and Blood of Christ Iesus , which was once broken and shed for us ; who now is in Heaven , and appears in the presence of his Father for us : And yet notwithstanding the far distance of place which is betwixt his body now glorified in Heaven , and us now mortal in this earth ; yet we most assuredly believe , that the bread which we break , is the Communion of Christs Body , and the Cup which we bless , is the Communion of his Blood. So that we confess , and undoubtedly believe that the faithful in the right use of the Lords Table , do so eat the Body and drink the Blood of the Lord Iesus , that he remains in them , and they in him . Yea , they are so made flesh of his flesh , and bone of his bones , that as the eternal Godhead has given to the flesh of Christ Iesus ( which of its own condition and nature , was mortal and corruptible ) life and immortality ; so does Christ Iesus his flesh and blood eaten and drunken by us , give unto us the same Prerogatives . Which albeit we confess are neither given unto us at that time only , neither yet by the proper power and virtue of the Sacrament only ; yet we affirm that the faithful in the right use of the Lords Table has such Conjunction with Christ Iesus , as the natural man cannot apprehend . Yea , and further we affirm , That albeit the faithful oppressed by negligence , and manly infirmity , does not profit , so much as they would , in the very instant Action of the Supper ; yet shall it after bring fruit forth , as lively seed sown in good ground . For the Holy Spirit which can never be divided from the right Institution of the Lord Iesus , will not frustrate the faithful of the fruit of that mystical Action ; but all this , we say , comes of true faith , which apprehends Christ Iesus , who only makes this Sacrament effectual unto us . And therefore whosoever slanders us , as that we affirm or believe Sacraments to be naked and bare signs , do injury unto us , and speak against the manifest truth . But this liberally and frankly we consess , that we make a distinction betwixt Christ Iesus in his Eternal substance , and betwixt the Elements in the sacramental signs ; so that we will neither worship the signs in the place of that which is signified by them ; neither yet do we despise and interpret them as junprofitable and vain , but do use them with all reverence , examining our selves diligently , before that so we do ; because we are assured by the mouth of the Apostle , that such as eat of that Bread , and drink of that Cup unworthily , are guilty of the Body , and Blood of Christ Iesus . XXII . Of the right Administration of the Sacraments . THAT Sacraments be rightly ministred , we judge two things requisite : the one , that they be ministred by lawful Ministers , whom we affirm to be only these that are appointed to the preaching of the word , into whose mouths God has put some sermon of Exhortation , they being men lawfully chosen thereto by some Kirk . The other , that they be ministred in such Elements , and in such sort as God has appointed , else we affirm that they cease to be the right Sacraments of Christ Jesus . And therefore it is , that we fly the Doctrine of the Papistical Kirk in participation of their Sacraments . First , because their Ministers are no Ministers of Christ Jesus ; yea ( which is more horrible ) they suffer Women , whom the Holy Ghost will not suffer to teach in the Congregation , to Baptize . And secondly , because they have so adulterated both the one Sacrament , and the other , with their own inventions , that no part of Christs Action abides in the original purity : For Oyl , Salt , Spitle , and such like in Baptism , are but mens inventions ; Adoration , Veneration , bearing throw Streets and Towns , and keeping of bread in boxes , are Prophanation of Christs Sacraments , and no use of the same . For Christ Jesus said , Take , eat , &c. do ye this in rememberance of me : By which words and charge he sanctified Bread and Wine to the Sacrament of his Holy Body and Blood , to the end that the one should be eaten , and that all should drink of the other , and not that they should be keeped to be worshipped , and honoured as God , as the Papists have done heretofore , who also commited Sacriledg , stealing from the people the one part of the Sacrament , to wit , the blessed Cup. Moreover , that the Sacraments be rightly used , it is required , that the end , and cause why the Sacraments were institute , be understood and observed , as well of the Ministers as the Receivers : For if the opinion be changed in the Receiver , the right use ceases , which is most evident by the rejection of the Sacrifice ; as also if the Teacher plainly teach false Doctrines , which were odious and abominable before God ( albeit they were his own Ordinance ) because that wicked men use them to another end than God has ordained : The same affirm we of the Sacraments in the Papistical Kirk ; in which we affirm the whole action of the Lord Iesus to be adulterated , as well in the external form , as in the end and opinion . What Christ Iesus did , and commanded to be done , is evident by the Evangelists , and by Saint Paul : What the Priest does at his Altar we need not to rehearse . The end and cause of Christs institution , and why the selfsame should be used , is expressed in these words , Do ye this in rememberance of me ; as oft as ye shall eat of this bread , and drink of this cup , ye shall shew forth , that is , extol , preach , magnifie and praise the Lords death , till he come . But to what end , and in what opinion , the Priests say their Mass , let the words of the same , their own Doctors ; and Writings witness : to wit , that they , as Mediators betwixt Christ and his Kirk , do offer unto God the Father , a Sacrifice propitiatory for the sins of the quick and the dead ; Which Doctrine as blasphemous to Christ Jesus , and making derogation to the sufficiency of his only sacrifice , once oftered for Purgation of all these that shall be sanctified , we utterly abhor , detest , and renounce . XXIII . To whom Sacraments appertain WE confess and acknowledg , that Baptism appertains as well to the Infants of the faithful , as unto them that be of age , and discretion ; and so we damn the error of the Anabaptists , who deny Baptism to appertain to children , before that they have Faith , and Understanding : but the Supper of the Lord , we confess to appertain to such only as be of the houshold of Faith , and can try and examine themselves , as well in their Faith , as in their duty towards their Neighbours . Such as eat , and drink at that holy Table , without Faith , or being at dissension , and division with their brethren , do eat unworthily . And therefore it is , that in our Kirk , our Ministers take publick , and particular examination of the knowledg , and conversation of such as are to be admitted to the Table of the Lord Jesus . XXIV . Of the Civil Magistrate . WE confess and acknowledg , Empires , Kingdoms , Dominions and Cities , to be distincted , and ordained by God : the powers and authority in the same , be it of Emperors in their Empires , of Kings in their Realms , Dukes and Princes in their Dominions , and of other Magistrates in the Cities , to be Gods holy Ordinance , ordained for manifestation of his own Glory , and for the singular profit , and commodity of Mankind : So that whosoever goeth about to take away , or to confound the whole state of Civil Policies , now long established , we affirm the same men , not only to be enemies to mankind , but also wickedly to fight against God's express will. We farther confess and acknowledg , that such persons as are placed in Authority are to be loved , honoured , feared , and holden in most reverent estimation ; because that they are the Lieutenants of God , in whose Sessions God himself does sit and judg : yea , even the Iudges and Princes themselves , to whom by God is given the sword , to the praise and defence of good men , and to revenge and punish all open malefactors . Moreover to Kings , Princes , Rulers and Magistrates , we affirm , that chiefly and most principally the conservation and purgation of the Religion appertains ; so that not only they are appointed for Civil Policy , but also for maintenance of the true Religion , and for suppressing of Idolatry and Superstition whatsoever , as in David , Iehosaphat Ezechias , I●sias , and others highly commended for their zeal , in that case , may be espied . And therefore we confess and avow , that such as resist the supreme Power , doing that thing which appertains to his charge do resist Gods Ordinance : and therefore cannot be guiltless . And farther we affirm , that whosoever denies unto them their aid , counsel and comfort , whist the Princes and Rulers vigilantly travel in execution of their Office , that the same men deny their help , support , and counsel to God , who by the presence of his Lieutenant does crave it of them . XXV . Of the gifts , freely given to the Kirk . ALbeit the word of God truly preached , and the Sacraments rightly ministred , and Discipline executed , according to the word of God , be the certain and infallible signs of the true Kirk ; we mean not , that every particular person joyned with such company , be an elect member of Christ iesus : For we acknowledg and confess , that dornel , cockle and chaff , may be sown , grow , and in great abundancely in the midst of the wheat ; that is , the Reprobate may be joyned in the society of the Elect , and may externally use with them the benefits of the word and Sacraments : But such being but temporal professors , in mouth , but not in heart , do fall back , and continue not to the end : And therefore have they no fruit of Christs Death , Resurrection , nor Ascension : but such as with heart unfeignedly believe , & with mouth boldly confess the Lord Iesus , as before we have said , shall most assuredly receive these gifts . First , In this life , remission of sins , and that by only Faith in Christs blood , in so much , that albeit sin remains , and continually abides in these our mortal bodies , yet it is not imputed unto us , but is remitted , and covered with Christs Justice . Secondly , in the general Judgment there shall be given , to everyman , and woman , resurrection of the flesh : for the Sea shall give her dead ; the Earth these that therein be inclosed : yea , the Eternal God shall stretch out his hand on the dust , and the dead shall arise uncorruptible , and that in the substance of the self-same flesh that every man now bears , to receive according to their works , glory , or punishment : For such as now delight in vanity , cruelty , filthiness , superstition or idolatry , shall be adjudged to the fire unquenchable , in which they shall be tormented for ever , as well in their bodies as in their souls , which now they give to serve the Devil in all abomination . But such as continue in well-doing to the end , boldly professing the Lord Jesus , we constantly believe , that they shall receive glory , honour and immortality , to reign for ever in life everlasting with Christ Iesus , to whose glorified body all his Elect shall be made like , when he shall appear again in Iudgment , & shall render up the Kingdom to God his Father , who then shall be , and ever shall remain , in all things , God blessed for ever : To whom , with the Son , and with the Holy Ghost , se all honour and glory now and ever . So be it . Arise O Lord , and let thine enemies be confounded , let them flee from thy presence that hate thy godly Name . Give thy Servants strength to speak thy VVord in boldness● ; and let all Nations cleave to thy true Knowledge Amen . Thir Acts , and Articles , were read in the face of Parliament , and ratified by the three Estates , at Edinburgh , the 17. day of August , the year of God 1560. years . Act I. 6. P. 1. C. 8. Anno 1567. Anent the Kings Aith to be given at His Coronation . ITem , Because that the increase of vertue , & suppressing of Idolatrie , craves , that the Prince , and the People be of ane perfite Religion , quhilk of Gods mercie is now presently professed , within this Realm : Therefore it is statute , and ordained , be our Soveraign Lord , my Lord Regent , and the three Estates of this present Parliament , that all Kings , and Princes , or Magistrats whatsoever , holding their place , quhilk hereafter in any time sall happen to reigne , and bear rule over this realm , at the time of their Coronation , and receipt of their Princely Authoritie , make their faithfull promise be aith , in presence of the eternal God , that during the haill course of their lives , they sall serve the samin eternall God , to the uttermost of their power , according as he hes required in his maist haly Word ▪ revieled and contained in the new , and auld Testaments : And , according to the samin word , sall maintaine the trew Religion of Christ Iesus , the preaching of his halie word , and due and right ministration of the Sacraments , now received , and preached within this realme . And sall abolish , and gainstand all false Religion , contrare to the samin : And sall rule the people committed to their charge , according to the will , and command of God , revealed in his foresaid Word , and according to the laudable Lawes , and Constitutions , received in this realme , nawise repugnant to the said Word of the eternal God : And sall procure to the uttermaist of their power , to the Kirk of God , and haill Christian people , trew and perfite peace , in all time cumming : The Rights , and rents , with all just Priviledges of the Croun of Scotland , to preserve , and keep inviolated nouther sall they transfer , nor alienate the samin : They sall forbid , and represse , in all estates , and degrees reife , oppression , and all kinde of wrang . In all judgements , they sall command , and procure that justice , and equitie de keeped to all creatures , without exception , as the Lord and father of all mercies be mereyful to them . And out of their Lands , and Empyre , they sall be carefull to root out all heretikes , and enemies to the trew worship of God , that shall be convict be the trew Kirk of God , of the foresaid crymes ; And that they fall faithfullie affirme the things above written be their solemn aith . Act. J. 6. P. 1. C. 9. Anno 1567. No person may be judge , Procurator , Notar , nor Member of Court , quha professis not the Religion . ITem , The Kings grace , with advice of my Lord Regent , and the three Estates of this present Parliament , statutes and ordains , That no manner of person , nor persons , be received , in any times hereafter , to bear publick office removabill of judgment , within this Realm , but sik as profess the puritie of Religion and Doctrine , now presently established . And that nane be permitted to procure , nor admitted Notar , or created a M●mber of Court , in any time coming , without he in likewise professe the Evangel , and Religion foresaid . Providing alwayes , that this Act be on no - wise extended to any manner of person , or persons , havand their offices heritable or in life-rent , but that they may use the samin , conforme to their infeftments , and dispositions granted to them thereof : Which Act was thereafter Anno 1609. explained and extended in this manner . Part of the Act I. 6. P. 2. C. 5. Anno 1609. intituled &c. AND that the Act made in His Highness first Parliament , bearing that nane that professe not the true Religion , presently professed , within this Realm , may be judge , Procurator or Member of Court , be extended to all and whatsomever offices , without any exception , or restriction , in all time coming . Act. J. 6. P. 3. C. 47. Anno 1572. Adversaries of the true Religion are not Subjects of the King. Of Apostats . ITem , Forsameikle as there hes been great rebellion , and disobedience against our Soveraign Lords authoritie , in time bypast , and seeing the cause of Gods true Religion , and His Highness authoritie foresaid , are so joyned , as the hurt of the ane is common to baith . It is therefore declared , statute , and ordained , by our Soveraign Lord , with advice and consent of his Regents grace , with the three Estates , and hail bodie of this present Parliament : That nane shall be repute as loyal , and faithful Subjects to our said Soveraign Lord , or his Authority , but be punishable , as Rebellars , and Gainstanders of the samine , quhilk shall not give their confession , and make their profession of the said true Religion : And that all sik as makes profession thereof , and yet hes made defection fra their dew obedience ought to our Soveraign Lord , shall be admonished be the Pastors , and Ministers of the Kirk , to acknowledge their offence , and turn to their dutieful obedience : And , if they failzie therein , to be excommunicat , and secluded from the Society of the Kirk , as rebellious , and corrupt Members , betwixt and the first of Jun : nixt to come ; and that alwayes before sik persons as hes made defection be received to our Soveraign Lords mercie , and favour , they shall give the Confession of their Faith , of new , and promise to continue in the Confession of the true Religion , in time coming , and maintaine our Soveraign Lords Authoritie , and that they shall at the utmost of their power , fortifie , assist and maintaine , the true Preachers , and Professors of Christs Religion , against whatsomever enemies , and gainstanders of the same ; and namely , against all sik of whatsomever Nation , Estate , or degree they be of , that hes joyned , and bound themselves , or hes assisted , or assist to set forward , and execut the cruel decreits of the Councel of Trent , ( quhilk most injuriously is called by the adversaries of Gods Truth , the halie league ) contrary the Preachers , and true Professors of the Word of God. Many other Acts , and these most peremptory , and strict , against the Popish Religion , as Idolatrie , and very pernicious to the Kingdom , might here be added ; But these are set down as most apposite to the purpose , and the rest may be seen at length in the printed Acts of Parliament . Act Ch. 2. P. 2. C. 1. Anno 1669. Act asserting His Majesties Supremacy over all Persons , and in all Causes Ecclesiastik . THE Estates of Parliament having seriously considered , how necessary it is , for the good , and peace of Church and State , that His Majesties Power , and Authoritie , in relation to maters , and Persons Ecclesiastical , be more clearly asserted , by ane Act of Parliament : Have therefore thought fit it be enacted , asserted , and declared : Likeas , His Majestie , with advice , and consent of his Estates of Parliament , doth hereby enact ; assert , and declare , that His Majesty hath the supreme Authority , and Supremacie over all Persons , and in all causes Ecclesiastical within this his Kingdom : And that by vertue thereof , the ordering , and disposal of the external Government , and Policie of the Church , doth properly belong to His Majestie , and his Successors , as ane inherent right of the Crown , and that His Majesty , and his Successors , may setle , enact , and emit such Constitutions , Acts , and Orders , concerning the administration of the external Government of the Church , and the Persons imployed in the same , and concerning all Ecclesiastical meetings , and maters , to be proposed , and determined therein , as they , in their Royal Wisdom shall think fit . Which Acts , Orders , and Constitutions , being recorded in the Books of Councel , and duelie published , are to be observed , and obeyed by all His Majesties Subjects , any Law , Act , or Custom , to the contrary , notwithstanding : likeas , His Majesty , with advice , and consent foresaid , doth rescind , and annull all Lawes . Acts , and Clauses thereof , and all Customs , and Constitions , Civil , or Ecclesiastick , which are contrary to , or inconsistent with His Majesties Supremacy , as it is hereby asserted , and declares the same void , and null , in all time coming . The Bishop of Aberdeen , and the Synods Explanation of the Test. I. WE do not hereby swear to all the particular Assertions and Expressions of the Confession of Faith ; mentioned in the Test , but only to the uniform Doctrine of the Reformed Churches contained therein . II. We do not hereby prejudg the Church's Right to , and Power of making any alteration in the said Confession , as to the ambiguity and obscure expressions thereof , or of making a more unexceptionable frame . III. When we swear , That the King is Supreme Governour over all Persons , and in all Causes , as well Ecclesiastick as Civil : and when we swear to assert and defend all His Majesties Rights and Prerogatives ; this is reserving always the intrinsick unalterable power of the Church , immediately derived from Jesus Christ , to wit the power of the Keys , consisting in the preaching of the Word , administration of the Sacraments , ordaining of Pastors , exercise of Discipline , and the holding of such Assemblies as are necessary for preservation of Peace and Unity , Truth and Purity in the Church : and withal we do not hereby think , that the King has a power to alter the Government of the Church at his pleasure . IV. When we swear , That it is unlawful for subjects to meet or conveen , to treat or consult , &c. about matters of State , Civil , and Ecclesiastick ; this is excepting meetings for Ordination , publick Worship and Discipline , and such meetings as are necessary for the conservation of the Church and true Protestant Religion . V. When we swear , there lyes no obligation on us , &c. to endeavour any change or alteration in Government , either in Church or State , we mean by Arms , or any seditious way . VI. When we swear , That we take the Test in the plain and genuine sense of the words , &c. we understand it only in so far as it does not contradict these Exceptions . The Explanation of the Test , by the Synode and Clergy of Perth . BEcause our Consciences require the publishing and declaring of that express meaning we have in taking the Test , that we be not mis-interpreted to swear it in these glosses which men uncharitable to it , and enemies to us , are apt to put upon it : and because some men , ill affected to the Government , who are daily broachers of odious and calumnious slanders against our Persons and Ministry , are apt to deduce inferences and conclusions from the alledged ambiguity of some Propositions of the Test , that we charitably and firmly do believe were never intended by the Imposers , nor received by the Takers : Therefore to satisfie our Consciences , and to save our Credit from these unjust imputations , we expresly declare , That we swear the Test in this following meaning . I. By taking the Test , we do not swear to every Proposition and Clause contained in the Confession of Faith , but only to the true Protestant Religion , founded upon the Word of God , contained in that Confession , as it is opposed to Popery and Fanaticism . II. By swearing the Ecclesiastick Supremacy , we swear it as we have done formerly , without any reference to the assertory Act : we also reserve intire unto the Church it s own intrinsick and unalterable power of the Keys , as it was exercised by the Apostles , and the pure primitive Church , for the first three Centuries . III. By swearing , That it is unlawful to convocate , conveen or assemble in any Councils , Conventions or Assemblies , to treat , consult , &c. in any matter of State , Civil or Ecclesiastick , as we do not evacuate our natural liberty , whereby we are in freedom , innocently without reflection upon , or derogation to Authority , or persons intrusted with it , to discourse in any occasional meeting of these things ; so we exclude not those other meetings which are necessary for the well-being and Discipline of the Church . IV. By our swearing it unlawful to endeavour any change or alteration in the Government , either of Church or State , we mean , that it is unlawfal for us to endeavour the alteration of the specifick Government of Monarchy in the true and lineal Descent , and Episcopacy . V. When we swear in the genuine and literal sense , &c. we understand it so far as it is not opposite or contradictory to the foresaid exceptions . They were allowed to insert after the Oath , before their Subscriptions , these words , or to this purpose . We Under-written do take this Oath according to the Explanation made by the Council , approved by His Majesties Letter : and we declare , we are no further bound by this Oath . A Paraphrase on the Test emitted by one of the conformed Clergy . I A. B. solemnly swear , in presence of the Eternal God , whom I invocate as judge , and witness of my sincere intention of this my Oath . That I A. B. being fully assured , without the least doubt or hesitation of the truth of all that I am now to assert , and of the lawfulness of all that I am now to promise ; Do in the most solemn manner , swear in the sight , and presence of the Eternal God , whom I here call upon to witness against me in the Great Day , and to pass Sentence of Condemnation upon me , if I affirm any thing , by this my Oath , of the certainty whereof I am not fully assured , or promise any thing of the lawfulness whereof I have any scruples , and which I am not sincerely resolved to perform , viz. That I own , and sincerely profess the true Protestant Religion , contained in the Confession of Faith recorded in the first Parliament of James the VI &c. That I cordially own , & without any dissimulation , profess the true Protestant Religion : And because there are many doctrines , and opinions that pass under that name , that it may be known what I do mean by the true Protestant Religion , I declare , That I own that Confession of Faith , which is recorded in the first Parliament of King James the VI. as the true test , and standard thereof : And that I believe the same to be founded on , and agreeable to the written Word of God. And because it would not be a just standard , if some part of it were taken , and others left , unless these parts , that are to be sworn to , were expresly condescended on by the same Authority whereby it is imposed : For if it were left arbitrary , for every one to pitch on these parts of it he pleases , as the measure of his Faith , it would be useless for the end for which it is adduced : Therefore I embrace the whole Confession , and do swear by the same solemn Oath , That I believe every Article , and every Proposition therein to be true , as being evidently founded on , and agreeable to the Word of God. As for instance , Art. 3. I swear by this my solemn Oath , That Adam's Transgression is commonly called Original Sin. And Art. 12. That men have as little hand in their Regeneration and Sanctification , as they have in their Creation and Redemption . And Art. 14. That to suppress Tyranny , is one of the good works of the Second Table , most pleasing , and acceptable to God , and commanded by himself ; the contrary whereof is 〈◊〉 sin most odious , which always displeaseth , and provokes him to anger : that is , When the Civil Mastrate comes to act arbitrarily , and against Law , when he invades the established Religion , the Priviledges of Parliament , or the Liberties , and Properties of Subjects , he is to be opposed and resisted . Or when our Ecclesiastical Superiors usurp a Dominion over the Inferior Clergy , or behave themselves as Lords over Gods Heritage , or require absolute obedience to their Dictates , and Determinations , they are to be withstood , and born down . And as it is in the same Article , I swear , That I believe , our resistance of these whom God hath placed in Authority over us , is a sin , when they do not pass over the bounds of their Office , but if they pass over these bounds , it is a duty to resist them ; which is evident being compared with the former Proposition , and the practices of them who composed the Confession . And in the same Article I swear , and believe all these to be evil works in matters of Religion , and the worship of God , which have no other assurance but the invention , and opinion of men . So that whatsoever our Superiors determine in this matter , tho only for Decency , if they cannot shew it to be clearly founded on the Word of God , it is to be looked on as an evil work ; And I swear , I shall so reckon it . Art. 16. I swear , That I think it blasphemy to affirm , that men who live acording to natural light , and moral equity , shall be saved ; unless they profess the Christian Religion : And that out of the true Church there is neither life , nor eternal felicity . So that I not only condemn all Pagans and Papists to Hell fire , but I declare upon Oath , That I think it Blasphemy to affirm the contrary . And Art. 18. I believe , That Ecclesiastical Discipline , rightly administred , as Gods Word prescribeth , is as essential a note of the true Church , as the right administration of the Word , and Sacraments ; So that the Church of England , or any other Church , that has not Discipline rightly administred , tho they have the Word , and Sacraments pure , and uncorrupted , wants an essential Note of a true a Church . And Art. 21. I declare , That I perfectly understand this Proposition , and do solemnly swear , that it 's true , that the faithful , in the right use of the Lords Table , are so made flesh of his flesh , and bone of his bone , that as the eternal Godhead has given to the flesh of Iesus Christ ( which of its own condition and nature , was mortal , and corruptible ) Life , and Immortality , so does Christ Iesus his flesh , and blood , eaten ▪ and drunken by us , give unto us the same Prerogatives . And Art. 22. I declare , and swear by this my solemn Oath , That the Ministers of the Church of Rome are not Ministers of Iesus Christ , and that they have no true Sacraments ; So that our first Reformers having both their Baptism , and Ordination from them , we have neither among us truly baptized persons , nor rightly ordained Ministers And Art 24 I believe , That the resisting the Supreme Power doing that which appertains to his charge is to resist the Ordinance of God. So that to resist , when he goes beyond his charge , is not to resist the Ordinance of God , but to repress Tyranny , according to Art. 14 And I promise and swear , That I shall adhere thereto , during all the days of my life , & shall endeavour to educate my children therein , & shall never consent to any change contrary thereto : And that I disown all such Doctrines , whether Popish or Fanatical , which are contrary to & inconsistent with the true Protestant Religion , & this Confession of Faith All these Propositions , and every thing contained therein , I firmly believe , and embrace , and I promise , and swear , that I shall adhere to them , so long as I live , without ever changing my opinion about them , and that I shall carefully educate my children according to them ; i. e. I shall teach them to repress Tyranny , and if the Authority should make any alteration in the said Confession , or any of the Propositions therein , I swear , that I shall neuer consent thereto : And I swear also , That I shall renounce all Principles , Doctrines and Practices , whether Popish or Fanatical which are contrary to any Article , or proposition of the foresaid Confession of Faith. And for testification of my obedience to my most Gracious Soveraign , Charles the Second , I do affirm , and swear , by this my solemn Oath , That the Kings Majesty is the only Supreme Governour over this Realm , over all Persons , and Causes , as well Ecclesiastick , as Civil ; and that no Foreign Prince , &c. As I have declared my Faith toward God , so now to testifie , that I am a good Subject to the King , I affirm , and swear by this my solemn Oath , That the Kings Majesty is the onely Supreme Governour over all Persons , not only Civil , but also Ecclesiastical : By which I understand that Ecclesiastical Supremacy which the Parliament by Act , Nov. 1669. has declared to belong to him , as an inherent Right of the Crown : By vertue whereof , His Majesty , and Successors , may dispose of the external Governement , and Policy of the Church , as they please ; i. e. of all Church-Government , there being no other Government exercised in the Church by men , but that which is external : And that they may settle , enact , and emit any Constitutions , Acts or Orders , concerning the Government , or persons employed therein , and concerning all Ecclesiastical meetings , and matters to be proposed , and determined therein , as they shall think fit : So that I affirm , that His Majesty , and Successors , may alter , change , or abolish the form of Church-Government , now established by Law : that he may commit it into the hands of persons of a different Religion , from what is presently professed in this Realm : that he may discharge all meetings of Synods , Presbyteries , and Sessions for ever : Or if he shall please to continue them , that he may chuse one delegated , or deputed by himself , to propose , and determine all-matters therein , as he thinks ●it : That he may by vertue of his Supreme Power , iuhibit Church-Officers to meet , or meddle in any matter , eisher Doctrine , or Discipline , without his special Order : to persue , or process any Delinquent , or to consider of means to prevent any change , or alteration in Religion , tho it should be in never so great hazard , except only as he shall determine , and appoint therein : All which he may do by himself , and his Councill without any new Law , or Act of Parliament : And I affirm , & swear , that tho any of His Majesties Successors shall happen to be of another Religion ( as God forbid , ) yet all this Ecclesiastical Power does belong to him , it being declared to be an inherent Right in the Crown , and so not to belong to him as a Christian , or Protestant Magistrate , but as a Magistrate precisely . And to my power I shall defend all Rights . Jurisdictions , Prerogatives , Priviledges , Preheminencies belonging to His Majesty , and lawful Successors . And also I swear by this my solemn Oath , that so far as I am able , I shall assist , and defend His Majesties Rights , and Prerogatives , which because I do not know , therefore whatsoever the King , and Parliament , or King , and Council , shall declare to belong to him , as a Right , Jurisdiction , and Prerogative , either in Civil or Ecclesiastical Affairs , either concerning Religion , Liberty , or Property , by Ecclesiastical Supremacy , I swear , I shall own , and approve , assist , and defend the same , as far as possibly I can . And further I affirm , and swear by this my solemn Oath , That I judge it unlawful for Subjects , upon pretext of Reformation , or any other pretence whatsoever , to enter into Covenants , or Leagues , or to convocate , conveene , or assemble in any Council , Convocation , or Assembly , to treat , consult or determine in any matter of State , Civil , or Ecclesiastick , without His Majesties special Licence , or express Warrant had thereto ; or to take up Arms against the King , or those commissionated by him : And that I shall never so rise in Arms , nor enter into such Covenants or Assemblies , &c And I further swear , That I think it utterly unlawful for any Subject , of whatsoever quality , or condition , many or few , for whatsoever Cause , not only to make any Covenants , but not so much as to meet together in any kind of Meeting , to hear , see , or consult about any matter belonging to the Civil , or Ecclesiastical Estate , without His Majesties special Command , and express Licence : So that whatsoever corruption , or abuse may be in the Civil Government , through the fault of the King. or Council ; or whatsoever hazard or danger the true Religion , and Church of God , within this land , may be in , I judg it unlawful for any Subject , whether Pastors , or others , to meet together , that they may consider what way to remedy , or prevent the same ; tho it were only by humble Addresses , and Petitions : And I s●ear . That there can never fall out a Case wherein Subjects may rise in Arms against their King , or any Commissionated by him , even though it were meerly to defend themselves , tho never so cruelly persecuted , and invaded by any who pretend his Name , and Authority : And I promise and swear ; That if any shall rise in Arms or meet together , in a peaceable way , for the ends foresaid , that I shall never joyn with them . And that there lies no Obligation on me from the National Covenant , or the Solemn League and Covenant , so commonly called , or any manner of way whatsoever , to endeavour any change , or alteration in the Government , either in Church , or State , as it is now established by the Laws of this Kingdom , &c. And I also affirm , and swear by this Oath , That there lies no Obligation on me , either by the National , or Solemn League and Covenant , or any other way imaginable whatsoever , to endeavour the least change , or alteration in the Government , either in Church , or State , as they are now established : So that I am never to endeavour any alteration , not only in the Civil Government , but also in the Govern. of the Church , as it is now established among us , though it should be found never so prejudicial to Religion , to His Majesties Service , or to the good of the Countrey . Yea , whatever corruptions may come to be in either of the Govern. I swear , That I am obliged never to endeavour the least alteration of them . And particularly , 1. As to the Ecclesiastical Govern. it being established by the Civil Magistrate , I am never to endeavour that it may be setled by the consent of the Church . 2. The Bishops , by the Act of Restitution , Art. 1. Ses. 2. Par. 1. Char ▪ 2. being allowed to inflict Censures , and to exercise all other Discipline , only with advice , and consent of such of the Clergy , as shall be found to be of known loyalty and prudence : yet tho they should utterly neglect Synods , and Presbyteries , and call only such Ministers as they please , tho it were but Two , or Three ; and let them make Canons concerning Doctrine , and Worship , suspend , and depose Ministers , inflict the highest Censures , either upon Church-men , or Laicks , I am not to endeavour an alteration of these things . 3. There being no Obligation on them by that Law which gives them their Legal Establishment , either to reside in their Diocesses , or to visit their Churches , or to hold but one Benefice , I am to use no endeavour that this may be helped . 4. They being by the same Act only accountable to His Majesty , I am not to endeavour that they may be accountable to the Church , tho they be convicted in a National Synod , for any of their Administrations . 5. Whereas by the Act establishing a National Synod , Act 4. Ses. 2. Par. 1. Char. 2. the Moderators of every Presbytery , who are nominated to that Office by the Bishop , are appointed to be of the Commissioners , for the National Synod , and the Moderators , declared to have a Negative Voice for the chusing of the other Commissioners : And so the whole Asse●bly is nominated by the Bishops . And it being further enacted , That nothing is to be debated and considered in the said Assembly , but as it is proposed by His Majesty , and Successors : And that the Archbishop of St. Andrews , as President of the Assembly , is declared to have a Negative Voice , not only in the whole Synod , but even on His Majesty himself : So that whatever should be agreed on by all the rest of the Bishops , and Clergy , His Majesty consenting thereto , yet it cannot be concluded , and emitted , without consent of the President : Yet I am to affirm , and swear , That I am not to endeavour the alteration of any of these things : And that there lies no Obligation on me , either from respect to Religion , or duty to my Prince , and Native Countrey , or any regard to Episcopacy , or any other manner of way whatsoever , to endeavour the least change of any of these fore-mentioned . And I promise and swear , That I shall from henceforth , with my utmost power , defend , assist , and maintain His Majesties Jurisdiction foresaid , against all deadly , &c. And I shall never decline His Majesties Jurisdiction , as I shall answer to God , &c. And finally , I affirm and swear by this , &c. That I shall not only submit unto , but that I shall own , and approve His Majesties Jurisdiction ; i e. all ●is Rig●ts , and Prerogatives , especially his Ecclesiastical Supremacy : Yea , that I shall with my utmost power , both of body , and mind , defend , and maintain the same , against all creatures whatsoever : And tho His Majesty should by himself , or any Laick deputed by him , inflict a Church-censure , or an Excommunication it self , yet I shall never decline this his Power and Jurisdiction , as I shall answer to God , at the great day . And finally , I affirm and swear , That this my solemn Oath is given in the plain genuine meaning of t●e words , without any equivocation , mental reservation , or any manner of evasion whatsoever , and that I shall not accept , or use any dispensation from any creature whatsoever . So help me God , &c. And lastly , I affirm and swear , That I have sworn all these things , in the pla●● sense and meaning of the words , not only without equivocation , or mental reservation , bu● without any manner of evasion whatsoever , So that I renounce all senses , and glosses and explications whatsoever , which seem any way disagreeable to the plain sense of the words of this Oath , as they are commonly understood by me● . And that as I shall not accept , or use any dispensation from any creature whatsoever ▪ so I shall never make use , orrely upon such glosses , as explications to help me out ▪ or set me free from Perj●ry . Wherefore being fully perswaded of the truth ▪ and lawfulness of all that I have now sworn , and as sincerely resolved to perform it , in every Ar●icle thereof , I do confidently pray to God to help me to this Grace to do so : and I wish he may make me so speed , here and hereafter , as I am perswaded and resolved . 1. An Oath being considered b● all men who have any sense of a Deity , as a most Sacred Bond , and of the straitest Obligation ; It 's to be presumed , that no man who truely fears God , will rashly adventure on it : For if I affirm any thing upon Oath , of the truth whereof I am not certain ; or if I promise any thing , of the justice , or lawfulness whereof I have any doubt , or which I am not fully resolved to perform , I make my self guilty of Perjury ; which even the most barbarous Nations have ever looked on as the foulest of Crimes ; For it 's both the greatest affront that can be put on God , in calling him to be Judge , and Witness to a Lye ; and one of the greatest injuries that can be done to men , in overthrowing the best security , and chiefest ground of trust that they have : It were therefore to be wished , that Oaths were never imposed , except in cases of absolute necessity : For it is certain , that the most part of ●en being acted ●ore by interest then by conscience , will be too easily perswaded to swallow them ▪ , that they may shun a present inconveniency , whatever da●ger or damage it m●y import to them in the Life to come : And it has been always observed , that these w●o have been most forward to take Oaths , are most forward to break them , 2. But all who truely fear the Lord , who prefer the peace of their Conscience to their worldly interest ▪ and who look more to the things ▪ that are not seen , then to the things that are seen , will think themselves obliged to advise well before they adventure on an Oath , that if they swear at all ▪ they may do it as the Lord himself requires ▪ Jer. 4 , 2. in truth , in judgment , and in righteousness ; i e. that they know what they affirm to be true , and what they promise to be just , and righteous ; and that in neither of these they be rash or inconsiderate , but have their judgments truly informed , and sufficiently instructed in both : If a man be uncertain or doubtful in any of these , he is by no means to adventure on an Oath , but rather to suffer the loss of all things than to take it . 3. Now if an Oath containing one single Proposition ▪ and contrived in the plainest , and easiest terms , ought to be diligently weighed , and pondered before it can be taken , how much more such an Oath as this , which consists of so many different , and various matters : Some of which are not only doubtful , and uncertain in themselves ( to say no worse ) but in the judgment of wise , and sober men ▪ inconsistent one with another . 4. It 's granted by all , that this Oath cannot be taken , without several glosses , and explications . And these which are commonly offered , cannot be admitted for divers Reasons . 1. Because they seem to overthrow the genuine sense , and meaning of the Oath . 2. Because in the Oath , we swear , That we take it in the plain genuine sense , and meaning of the words , without any equivocation , mental reservation , or evasion whatsoever : So that altho these glosses should be conceived in the plainest terms , and we suffered to write them down under our hands ; and so cannot come under the notion of equivocation or mental reservation ; yet that cannot but be considered as evasions , it being only by the help of them that we pretend to escape the fearful crime of perjury . 3 There is no Authority that can give us Explications , but the same who has imposed the Oath , that is the King , and Parliament . For tho the King , and Lords of Council , and Session , be considered as Interpreters and Explainers of the Laws , yet that is only in matters of Right , or Wrong , to which men ought to submit : But it 's another thing in matter of an Oath : For that is always to be taken only in the sense of the Imposers : And we being required not to submit to it but to swear to it , no Explication given by any other , but by him , or them who gives us the Oath , can secure or quiet our Consciences . 4. These Explications , tho given by the same Authority who imposed the Oath , seem both useless , and unsafe , unless published , and recorded as the Oath it self ; otherways the Explication will soon be forgotten , whereas the Oath stands still as it was . 5. It must be also considered , that tho men take this Test , it seems it will not secure them in their places : For why may not the same alterations be made in the Church which are made in the State , the Supreme Power , and Prerogative being alike over both ? And tho this Argument will be of small force unto some , yet it may have its own weight unto others 6. If it be said , That divers Articles , and Parts of the Test , are asserted , and enacted by former Laws , as partly , that against meeting , conveening , or Assembling to treat , consult , &c. which is in the very same terms discharged and forbidden , not only by Act. 4. Sess 1. Par. 1 , Char. 2. but also by an old Law , Act. 31. Par. 8. James 6. It is answered , That there is this considerable difference therein in those Acts , viz. that the ordinary judgments are excepted : And it is not without reason , that this clause is left out here , and it is one thing to submit to a Law , another to swear it . 7. But some may say , that we have already sworn the Oath of Supremacy ; to which they who took it before the year 1669. had little , or no ground of scruple , but by the Act assertory , the Supremacy being declared to be quite another thing than ever it was understood before , there are many conscientious men , and the best friends to Episcopacy , who cannot take that Oath now , though that alone should be made the Test : As for others of the Clergy who have ta●en it since that Act of Parliament , they were told by the Bishop that administred it to them , that the Assertory Act had no relation to the Oath ; and therefore they gave it them only in the old sense , whereby they were perswaded to take it : But now the matter is put beyond all doubt : For the Kings Ecclesiastical Supremacy ▪ as it is explained in the Act , being declared to be an inherent Right of the Crown ; and we swearing in the Test , to maintain , and defend all His Majesties Rights and Prer●gatives , we do clearly swear to own and maintain the Supremacy , as itis there asserted and declared . 8. But we are told , we should not oppose our sentiments to the wisdom of the Nation : And if the meaning of this be , that we ought to reverence our Superiours , submit to their Laws , and live peaceably under their Government , it is willingly granted : But if the meaning of the Test be , that we are to believe whatsoever they say , blindly swear whatever they bid us , this is to erect an infallible chair in the State , in the stead of the Church , which is a new unheard of piece of Popery . But if we stand out , and refuse the Test , how shall the Credit and Honour of Authority be saved ? It were to be wished it did consult its own Credit more , before the making of any Laws , and Edicts ; for there cannot be too great deliberation used , in enacting such things as are to oblige the whole Nation at present , and their Posterity for the time to come : And much more heed ought to be had in appointing an Oath to be sworn by the most considerable part thereof . If our Ecclesiastik Superiors had been so kind , and just to themselves , and their Clergy , as to have consulted the wisest of their Presbyters within the Kingdom , it 's like it might have prevented much of this inconveniency : But now that it 's done , all who can take this Oath with a clear Conscience let them take it , and much good may it do them : But as for these who cannot take it , let them suffer patiently the penaltly inflicted by the Law ; and let them behave themselves orderly , and peaceably , without making any rent in the State , or Schism in the Church , and without reflecting on their Governours : Ye● , that it may be seen by all men they are acted by Principles of Conscience : And this seems to be the best way that is now left for salving the Credit of Authority : And yet many wise men think , that it would be no reflection on Authority , if His Majesty , out of his Goodness , finding how great a Grievance the urging of the Test is like to prove to his best and most loyal Subjects , which could not be so well known till it was tryed , should suspend the Execution of the Law till further advice . It obligeth us to swear , That we believe the Confession recorded in the 1. Par. James 6. is founded on , and agreeable to the written Word of God : Now if there be but one single proposition in that Confession , either false , or dubious , not exprest in , or clearly deduced from the Scriptures , can we swea● it with a good Conscience ? Surely whoever reads it with understanding , will find many things doubtful , and uncertain at least . But it deserves to be particularly remarked , that it contains Doctrines which manifestly cross the many ends of the Test : This was certainly designed to guard and engage men against Fanatical principles , and yet for all that , it obliges all that swear it to own the most capital , and fundamental principles of those who are called Fanatiks . They maintain , that our obedience to the supreme Magistrate is to be limited ; and that if he be an enemy to the Truth , and Cause of God , Subjects may take up Arms against him . 2. They maintain , That nothing is to be allowed in the worship of God , but what is prescribed in his Word : Were not these the Principles that embroiled these Kingdoms , that raised a Combustion , and that turned all things upside down , both in Church and State ? And are not these Principles plainly taught in this Confession ? It is reckoned , Art. 15 ▪ a duty to repress Tyranny ; and to disobey , and resist Kings , is a sin , with this caution and limitation ( while they pass not over the bounds of their Office , or do that thing which appertains to their charge . ) And in like manner , the assistance we ow them is cautioned , and limited , [ while they vigilantly travel in the execution of their Office ] . Is not this the very Doctrine of the Solemn League and Covenant by which they bind themselves to defend the Kings Majesty's Person and Authority , in the preservation , and defence of the true Religion , and Liberties of the Kingdom ? Let any but read Spotswood's History of the Resormation , Anno 1558 , 1559 , 1560. among others ; how Subjects did bind themselves by Oaths , and Subscriptions , to assist one another for advancing the Cause of Religion ; how by the advice of the Ministers , they deprived the Queen Regent of her Government , and this very year this Confession was compiled , and ratified in Parliament . And I am sure there can remain no doubt about the sense of the Confession in this point . But to render the matter beyond exception , It is declared rebellious , and treasonable by Act of Parliament , for Subjects to put limitations on their due obedience , and allegiance . And for the other Principles about Divine Worship , the Confession affirms these to be evil works , that in matters of Religion , and Worship of God , have no other assurance , but the invention , and opinion men . In this principle they condemn very Ancient and laudable Customs of Churches , as singing the Doxology , and the most innocent , and indifferent Ceremonies for decency , and helps for Devotion , calling them by the odious titles of Superstition , and Will-worship . But be these Principles true or false in themselves certainly they are utterly inconsistent with these other clauses in the Test , that assert it unlawful , on any pretence whatsoever , to take Arms against the King , and invest him with such a Supremacy as impowers him to erect such Constitutions , and orders about Ecclesiastical matters , as His Majesty thinks fit . And in this also there is a palpable Contradiction , that the Test binds us not to consent to any change contrary to the Confession , and by and by enjoyns to swear what is flatly contradictory to it : We cannot take this Test , unless with the same breath we swear , and forswear , under Oath protest onething , and forthwith under Oath protest the quite contrary . It obliges us to swear , we shall with our utmost power , defend , assist , and maintain all the Kings Rights . And is not this to swear we know not what ? or is it not to swear , we shall maintain , and defend , with the greatest zeal and concernedness , whatsoever the King challenges , or the Parliament votes to belong to him ? And may not a Prince come to claim a Right to act Arbitrarily ? and may not iniquity happen to be established by Law ? Nay ▪ doth not the King , de facto , challenge , and has not the Parliament declared Supremacy to be an inherent Right of the Crown ; by which His Majesty may settle and emit such Acts and Orders as he pleases , about Ecclesiastical matters ? And are not Articles of Faith Ecclesiastical maters ? And what is this , but to avow , we hold our selves obliged to believe as the King believes ? And so ere long the Rights , Jurisdictions , Prerogatives ▪ Priviledges , Preeminences and Authorities that may be v ted to belong to our Prince ; may come to swallow up Religion , Liberty , Property , and all our Priviledges . We do not see how any man of Sense , and Conscience , can swear this clause , in so great a Latitude , and so illimited Terms . It obliges us to swear ▪ That we acknowledg it unlawful , without the Kings special Command , to convocate , conveen or assemble in any Council , Convention , or Assembly , to treat , consult , or determine , in any matter of State , Civil , or Ecclesiastik . The clause ( excepting ordinary judgments ) which was added in all such convocating , conveening , and assembling , which were declared unlawful , Anno 1661. 1. Par. Char. 2. Act 21. being left out here , we have reason to think , that all such Sessions , Presbyteries , and Synods are discharged , there being no special Command , or Express for them that we know of : And these meetings being of great use , for curbing of Vice , and Prophanesse , and for setling , and entertaining Peace , and good Order in the Church , we cannot swear to forbear holding of them , tho we have not an express License from the King. We acknowledg Princes have Power , and Authority , to inhibit their Subjects to meet as they see cause , but we cannot bind our selves to obey them , against such liberty which Christ hath conferred on his Church : This is a Priviledg the Church ever enjoyed , since it was founded , and erected by our Saviour , and , in all Ages , used as the state of affairs required ; So we cannot devoid our selves of it , without proving betrayers of our Trust , and condemning the conduct of the Primitive Christians , who without special command , nay , contrary to the express Edict of Princes , did convocate , conveen or assemble in Councils , and Conventions , to treat , consult , and determine about Ecclesiastical matters ; and yet for all that , have been no less commended , and admired for loyalty , and peaceableness , than for piety , and zeal . And seeing that in the present juncture its notour that there are Cabals , and Engines formed , and carried on , to undermine the Protestant Religion , and to bereave us of the Truth which our Lord has committed to us as so many Depositaries , Can we , without the most horrid guilt , and the blackest infamy , swear , That we shall not so much as meet Two or Three of us together , till we have the Kings Warrant , ( perhaps never ) to consult about the Welfare of the Church , and the Salvation of our own , and other Mens Souls ? It obliges us to swear ▪ there is no obligation on us , any manner of way whatsoever , to endeavour any change , or alteration in the Government , either in Church , or State. Is not this to swear what no man living can assuredly know ? And are there not indeed many tyes on us as Men , as Christians , as Pastors , to procure , as far as in us lyes , the happiness of the Church , and State ? Now if we discern , and it be acknowledged by wise ; and good men , that the Government may be bettered by enacting wholsome new Laws , and abrogating corrupt old ones , might we not , ought we not , in our stations endeavour such an alteration ? The Constitution of a National Synod , e. g. gives the Archbishop of St. Andrew's a Negative , when the whole Clergy is contrary , so that were all our Bishops , and other Members of the Synod , men of Apostolick sanctity , and zeal , yet nothing could be done for reforming the Church , if one man , who may happen to be an enemy both to Truth , and Vertue , shall dissent . And how can honest conscientious Church-men swear , they shall never endeavour to have this helped ? By the same Act ▪ no matter is to be debated , consulted , or concluded , but what shall be allowed by His Majesty : What now if the Prince come to be Popish , or altogether unconcerned about Religion , shall we , can we , in Conscience , bind our selves to propose , treat , and conclude nothing but what he pleases ? By the explicatory Act , itis put in the Kings power to cut , and carve in the external Government of the Church , at his pleasure : And so he may without consent of Parliament , or Clergy , restore Presbytery ; he may turn out all the Bishops , and Pastors , and plant in their room men of his own persuasion , whatever it be , he may casheer all our spiritual Fathers , and substitute Noble-men , Gentle-men , Lawyers , or any other kind of Laiks , to be Superintendents of the Church , or his Commissioners in Ecclesiastical affairs : And shall we oblige our selves by an Oath , to endeavour no rectification of so unreasonable a Statute ? If we see , and it cannot be denied , that Episcopal Government might contribute more to maintain Truth , and advance Piety , and Peace , than hitherto it has done , might we not , ought we not to use our utmost endeavours , to procure such Laws , and Canons to be enacted as should oblige Bishops to manage their Power , and Authority to such noble , and excellent ends , and not put off the respect to the souls committed to their charge ? We are to endeavour such a change , which might conduce mightily for changing , and reforming them : Out of the veneration we bear to Episcopacy , we cannot but pray , and with for such a change , and do our best to effectuate it , because otherways Episcopal Government would come to be despised ; and derided , not only as useless , but pernicious : Unless then we would intirely abandon Episcopacy , unless we would express no regard for ▪ or concern our selves with the flourishing of piety , unless we would sit down contented , and satisfied , without ever complaining of , and opposing the corruptions of the Church , we can by no means swear this Clause of the Test : But we would with a very good Conscience testifie by our Solemn Oath , if we were put to it , that we judge our selvès obliged to endeavour a change , both of the Government , and Governors of the Church . There are several other things that beget in our minds an utter dislike of the Act anent Religion : We shall touch Two or Three things more . It commands us to become a kind of Sycophants , Delators and Informers against Dissenters : Hardly could our mortal enemies fall upon a course more likely to blast our Ministry , and expose us to hatred and obloquy . Had it been designed we should give an account of Schismatical Withdrawers , that our spiritual Fathers might bear with them in the spirit of meekness , and charity , for clearing their prejudices , we would have most readily , and joyfully served them in so worthy an enterprise : But to delate them , that they may be fined , and imprisoned , or banished , or sustain any bodily , or temporal damages , is a thing we abhor : We judg it more eligible to be no Pastors than to be on such terms . 2. It weakens the Protestant Interest , by dividing Protestants , and treating sober Dissenters with as great severity as Papists , or wildest Fanatiks . 3. It leaves a wide postern for Popery , for it exempts from the Test such as should have been first of all put to it , and so provides most effectually for perpetuating Popery in the Royal Family : And what could have been contrived more grateful , and advantageous to the Church of Rome , and what more grievous and fatal to the Reformed ? Grounds wherupon some of the Conformed Ministers scruple to take the Test. FIrst , passing by the danger of Oaths , when pressed so generally , ( men of the least tenderness ordinarily swallow them easily and make small Conscience of observing them , while they that fear Oaths are hardly induced to take them , and by their strict observance make themselves a Prey ) we think it strange that this Oath should be injoyned to us , who cannot be suspected rationally to incline either to Fanaticism or Popery , since by our Subscriptions to the Oath of Supremacy , and canonical obedience , we have sufficiently purged our selves of the first , and by our refuting Popish errors daily in our Pulpits , do shew an utter abhorrence of the other , and further , since meerly our owning of Episcopal Government has begot , and still increases in the minds of our People , such an Aversion from and dislike of us , we would have expected that our spiritual Fathers would not have exposed us to greater loathing , and contempt , by such engagements ; which although it should be granted to be causeless and unjust , yet we think our selves bound to shun it , that our Ministry may be the more taking with them , since the thing pressed upon us , is neither absolutely necessarie , nor yet so evident in what is asserted for truth as may incourage us for to underlie their prejudice conceived thereupon : And finallie , since it is known that abjuring the Covenant did hinder many Ministers to conform , and People to joyn in Ordinances dispensed by Conformists , and our Parliaments had hitherto shewed such civil Moderation as to free us from the Declaration , we cannot look at it but as bad and fatal that our Church should be dashed on this Rock , which may occasion its splitting , and instead of quenching this former evil create new Flames . Secondly , as we wish for the suppressing of the growth of Popery a more particular way had been made use of , even for the discovering of such as are of no publick Trust , so we cannot but regret that this Test has been so framed as to divide the sound sober Presbyterians amongst themselves , whereby our Common Enemies are gratify'd , and the true Faith indangered , we being perswaded that there are many Presbyterians in the Kingdom , Gentlemen , Ministers , and others , who cannot in conscience take this Test , who yet do dayly come , and are ready to joyne with us in Ordinances . We think it had been fitter to have condescended something for gaining of such , then to have put such a brand upon them , which may more alienate them , and weaken us . Thirdly , that Confession of Faith Recorded in the first Parliament of King James the 6th , has some things in it which may scarre the Swearing to it without Limitation , as 1. Section 15th . it Asserts those to be evil works which are done not only contra , but praeter verbum Dei. 2dly , Section 25th . It Asserts , such as resist the Supreme Power , doing that which pertains to his charge , and while he vigilantly travels in his office , doe resist the Ordinance of God , which clauses may bear an exclusive sense , especially when in the 5th Section , it is reckoned among good works to suppress Tyranny , 3dly Section 15th ; Jesus Christ is asserted to be the only Head , and Law-giver of his Kirk , and it is counted Blasphemy for Angels , or Men to intrude themselves into the said Honor , and Office ; 4 th Section the 23 th on the Sacraments . Popish Baptism is denyed as to its validity , and Popish Priests denyed to be true Ministers , which expressions if narrowly scanned , will be found of dangerous consequence , and contradictory to other positions in the Confession it self . Fourthly , we fear that our People may look on us rather as Countenancers and Incouragers , then Suppressors of Popery , seeing by the Act we are obliged to delate yearly in October such as withdraw from our Ministry , that they may be punished by the civil Magistrats , and yet by the same Act , the Kings lawful Brother , and Sons in perpetuum are exempt from taking the Test , and consequently left at liberty to be Papists , or Protestants , and what bad influence their example may have on inferior People may easily be apprehended , and our taking the Test will be reputed an approving of that exemption , which will be more stumbling . That all former Acts against Papists were made without any exemption , and they all declared to be disloyal who embraced not the Reformed Religion , particularly in the 47 th Act of the third Parliament of James the V I. and the 8 th Act of the I. Parliament of Charles the II. Fifthly , We are to swear that there lyes no obligation on us by vertue of the late Covenants , or any other manner of way to endeavour the change of the Government , either in Church , or State , as it is established by Law , where we suppose we are sworn not only to maintain Monarchy , but also , as our Law tyes us , in the present line , and in the nearest in kin to our present King , altho they should be Papists , altho we judge the Coronation Oath in the eight Act of the first Parliament of James the VI. to be contradictory , which yet is a standing unrepealed Law , since this currant Parliament hath ratified , and confirmed all Acts made in savour of the Protestant Religion , whereof this is one , so that we swear Contradictions . Sixthly , as for the Church Government , as it is now establisht by Law , there hath not been , nor are yet wanting sound Protestants who assert the Jus divinum of Episcopacy , such could not in conscience take this Oath , seeing the King by vertue of his Prerogative , and Supremacy is impowered by Law to dispose of the External Government , and Policy of the Church , as he pleases , as for such as look upon Episcopal Government as indifferent in it self , notwithstanding the submission that we give to it , or have ingaged for , they can as litle swear on these terms : for why should they swear never to endeavor to alter that which in it self they look upon as alterable , there being no indifferent thing which in tract of time , through the corruption of Men , may not prove hurtful ? and why might not men in their Station endeavor the redressing ( by fair means ) of any such evil , and advise his Majesty , if he be willing , to exert the power setled on him by the law , for freeing the Church from any inconveniency ? and altho we have engaged to obey Bishops , yet we ever did wish that they may be setled a●ongst us in a way more suitable to the primitive times viz. That their number might be more encreased , that they might by called by the Church allenarly to that office , and that they might be made liable to the censure of the Church for their doctrine , life , and diligence , that they might not be such pragmatical Medlers in Civil affairs , and that Synods , and Presbyteries might have more power then is assigned them by the Act of Restitution ; from the seeking a Remedy in any of which things this Oath doth tye us up . Seventhly , the power given to the King by the present laws , if he should be popish , should be very prejudicial to the Protestant Interest , for by the first Act of the 2d Parliament of Charles the 2d he may not only dispose of the external Policy of the Church , but may emit such Acts ▪ concerning the Persons imployed therein ; & all Ecclesiastical Meetings , and Matters to be treated upon therein , as he shall think fit , and this Act only published is to oblige all his Subjects , and by the Act for a National Synod no Doctrinal Matter may be proposed , debated , or concluded without his express allowance ; in the foresaid case it is easie to divine , what advantage the Enemies of our Religion will have for the overturning of all . Hoc ●thacusvelit , & magno mercentur Atrid● EDENBURGH , The sederunt of the Council . Sederunt vigesimo secundo Die Septembris , 1681. His Royal Highness , &c. Montrose , Errall , Marshall , Marr , Glencarne , Winton , Linlithgow , Perth , Strathmore , Roxburgh , Queensberry , Airley , Kintore , Breadalbane , Lorne , Levingston , Bishop of Edenburgh , Elphinston , Rosse , Dalziel , Treasurer Deputy Praeses , Advocate Justice Clerk , Collintoun , Tarbet , Haddo , Lundie . This day the Test was subscribed by the above-written Privy Councellors , and by the Earl of Queensberry , who coming in after the rest had taken it declared that he took it with the Explication following , The Earl of Queensberrie's Explanation of the Test when he took it . HIS Lordship declared that by that part of the Test , That there lyes no obligation — to endeavour any change , or alteration in the Government , &c. He did not understand himself to be oblidged against Alterations , In case it should please His Majestie to make alterations of of the Government of Church or State. HALYRUDEHOUSE Sederunt vigesimo primo Die Octobris 1681. His Royal Highness , &c. Winton , Perth , Strathmore , Queensberry , Ancram , Airley , Lorne , Levingston , Bishop of Edenburgh , Treasurer Deputy Praeses , Register , Advocate , Collintoun . This day , the Bishop of Edenburgh having drawn up a long Explication of the Test , to satisfie the many Objections , and Scruples moved against it , especially by the conformed Clergie , presented it to the Council for their Lp's Approbation , which was ordered to be read : But the paper proving prolixe , and tedious , His Highness , after reading of a few leaves , interrupted , saying very wittyly , and pertinently , that the first Chapter of John with a stone will chase away a dog , and so brake it off . Yet the Bishop was afterward allowed to print it , if he pleased , and here you have it . The Bishop of Edenburgh's Explanatory Vindication of the Test. THE last Session of this currant Parliament considering the interest of the true Protestant Religion to be the most sacred and important of all others ; doth by the first Act , revive , ratifie , and confirm all Acts and Statutes , made in our former Parliaments , establishing the same in this Kingdom : which Acts being made by our wise Ancestors when the Protestant Religion was in greatest danger , not only from the great number of Popish Subjects in this Kingdom , many whereof were persons of greatest interest , power , and influence therein , but from the Power of France , as well as of the Pope , both which were zealously bent to re-establish , and confirm the setlement of Popery in its Jurisdictions , and Superstitions amongst us , were judged by all , both in Articles and Parliament , and that after long and strenuous application and endeavour in contriving ane new Act for these ends , not only sufficient , but the best security for our Religion , against all hazards and contingencies , in which the best and wisest part of the Parliament acquiesced , till the importunity and repeated clamours of some , who needs would appear more warmly concerned in this mater than others , they offering new overtures to the Articles , for the securing of the Protestant Religion , of which they often received an account in open Parliament , did awaken a more narrow inspection into this more concerning Affair : And therefore for the farther security of Religion , from the danger of Popery on the one hand , and of Principles and Practices of Rebellion , and fanatical Schism on the other , did judg it necessary , that ane Act should be past , disabling Papists , and Fanaticks from any power , or capacity , to subvert or overthrow it ; which in their deep wisdom they found could never be so effectually done as by keeping all such out of places of publik Trust and Employment , Civil , Ecclesiastik , or Military : And in regard that the good and wholesom Laws , and the steady , and vigorus execution thereof , are the best and most firm human security of Religion : Therefore such wise provisions were piously made by that Act , as might bar all disaffected to the Protestant Religion , from electing , or being elected Members of Parliament , wherein the Law - making power is lodged , or from creeping into any Office or Trust , whereby the execution of the Law is managed : So that our established Religion might never be endangered , or subverted by evil or corrupt Laws , or by the remiss and negligent execution of good ones . Notwithstanding such is the fate of the best of human Constitutions that nothing can be so piously intended , or prudently contrived , but either through ignorance or malice , misprision or mistake , it may be misrepresented , misconstrued , and many groundless , and unaccountable jealousies , by scruples and prejudices entertained against it , as is but too clearly instanced in the matter of the present Oath , and Test , which the wisdom of our Governours hath enacted , and appointed to be taken by all persons employed in Offices of publik Trust , as the best fence of the Church , and security of the Protestant Religion against the invasion and encroachments they stand in danger of from the restless adversaries . Some of the Regular and Orthodox Clergy , and other well-meaning Subjects , having entertained some jealousies which far exceed their causes , and vented some scruples and objections against it , which are most part founded on mistakes , and unnecessary , not to say uncharitable stretching and extending the meaning thereof far beyond either the genuine sense of the words , or design and intention of the Parliament , in framing and enjoyning that Test , tenderness and compassion towards these conform and loyal persons , who may either be imposed upon by the malice and craft of the Church's Adversaries , to stumble at , or by their own fears , and misapprehensions , may be led into mistakes of the meaning , and design of this excellent mean for securing our Church and Religion , hath prevailed with us to endeavour a short Essay , for vindicating this Oath and Test from all mistakes and scruples , by answering , and satisfying the Objections which are commonly moved against it ; and that thereby the plain and genuine sense , in which this Oath is required by Authority to be taken by all persons in Trust , may be clear and apparent . Pursuant to this , it will be fit to read and consider the Oath or Test it self , as it is contained in the sixth Act of the last Session of this Currant Parliament . In the next place , it will not be amiss to rank up the doubts and objections moved against it , in their several Heads and Classes , and to resolve and answer them accordingly , in their respective place and order . Of these Scruples and Objections some are founded upon the Consession of Faith , contained in the foresaid Oath : others arise from the Oath of Allegiance and Supremacy , and the asserting therein of the Kings Prerogative : some are taken from that part of the Test , wherein the unlawfulness of assembling in any Councils or Conventions , to treat , consult or determine in any mater of State , Civil or Ecclesiastik , without the Kings special command and license had thereto , is asserted and sworn : and finally others arise from the Clause , asserting , that no obligation lyes from the late Covenants , or any other manner of way whatsoever , to endeavour any change or alteration in the Government , either in Church or State , as the same is now established by the Laws of this Kingdom . It is beyond all peradventure that as Conscience is the most tender thing in the Soul of man , so Oaths are of the strictest force and obligation , and are to be taken in Truth Righteousness and Iudgment : which is the Doctrine of all sound Casuists , Juramenti obligatio est stricti juris ; yet this strictum jus is not so to be understood , as if it did exclude all sensing and interpreting of it , the interpretation thereof amounting to no more than meerly to make clear and plain any word or sentence therein , which may seem to be dark , doubtful and ambiguous . It is excellently said by that judicious Casuist , Doctor Sandersone , Prel . 2. De juramenti obligatione , p. 8. De lege Charitatis aliena dicta , & facta , praesertim Principum , Parentum , aliorumque Rectorum sunt benignae interpretationis . Juxta id quod dici solet , dubia esse interpretanda in meliorem partem . That is , by the Law of Charity the words and deeds of others , especially of our Princes , Parents , and other Governours , are to be moderated by a favourable interpretation , according to the usual maxim , That things doubtful are to be interpreted to the best sense . This being premised , the Objections of the first Classis arising upon the Confession of Faith are to be first considered ; and in order to this it must be remembered , that this Confession is not to be lookt upon as fully comprehensive of all the Protestant Doctrine in opposition to all the Errors , and Superstition of the Romish Church , and other Heresies ; nor is there any one amongst the Harmony of the Confessions of the Reformed Churches , which can challenge this perfection to it self : nor is it to be thought strange , that in many things it should be defective , if we consider , that it was hastily compiled in the short space of four days , by a select number of Barons , and Ministers , in the very Infancy of our Reformation as the History of the Reformation of the Church of Scotland , commonly ascribed to John Knox , Printed at London , in the Year 1644 in Fol. p. 252. doth inform : Nor are the Authors of the foresaid Confession so prositive , as to look upon all therein contained as infallible , or to be received as Articles of Faith , as appears from the Preface prefixed thereto , as it is set down in the History of the Reformation foresaid , p. 253. wherein they promise upon their Honours and Fidelity , Reformation of any Article or Sentence therein , which shall be proved to be amisle , or Erroneous , so that it is not to be considered as the compleat Standard of the Protestant Faith and Doctrine , in which nothing is wanting , but is inserted in the body of this Oath as being the only Protestant Confession in this Church , which is stamped with the impress of Lawful Authority , it being ratified by the first Parliament , James the VI Anno 1567. and is the most Ancient , being received for six score years , without any contradiction in this Kingdom ; and is only used in this Oath , designotive , to express that , as a particular systeme , wherein the main Substantials of the Protestant Religion , sworn unto , are contained . If it be asked , What , or where is the Protestant Religion ? The answer is plain , that it is the true Christian Religion , as it is reformed from the Errors and Superstitions of the Popish Church , and is contained in the harmony of the Protestant Church's Confessions , which agree in the chief and principal Substantials , tho they may differ in lesser maters , and opinions disputable ; among which this our Confession is recorded . But tho we are under no obligation to justifie every Sentence or Article thereof , yet it deserves so much reverence from us , as to justifie it , so far as we may , from any charge of Error or , Heterodoxy ; and the rather that , upon due tryal and examination , there seemeth nothing to be contained in it which is not agreeable to the charitable Analogy of Faith , and may not admit of a very fair , true and orthodox sense and interpretation , as the following Answers to the Scruples and Objections arising upon it , will sufficiently evince . It is objected by some then , 1. That in the third Ar● . of Original Sin it is said , That by it the Image of God was utterly defaced in man ; which seems to run cross to the stream of the Protestant Doctrine , which aslerts , That the Remains of the Divine Image still abide in the Soul , notwithstanding of mans fall . The answer is easie , if we shall carefully distinguish betwixt defacing of the Image of God , which imports no more than a darkning or maiming thereof , and utter destroying of that Image , which implies the total subversion or abolition of it ; and that the former is allowed by all sound Protestants . It is objected , 2. That Art. 17. it is said , That it is blasphemy to affirm , that men who live according to equity and justice , shall be saved , whatsoever Religion they professe , since without Christ Jesus there is neither life nor salvation ; which some think a very uncharitable doctrine , barring all the Ancient Philosophers , and Moralists , such as Plato , Seneca , Socrates , Plutarch , &c. from eternal life and salvation . Answer 1. That Clause is but a consequence drawn from the 16 th Article , rather than any essential part of its doctrine , as will appear upon the perusal . 2. It is most infallibly true , that there is no Name under Heaven by which salvation can be obtained , but the Name of Jesus ; which imports at least a sense of sin , and of the necessity of expiating the same , and of propitiating God toward the sinner in every one that shall be saved ; which by some is termed an implicite knowledg of Christ Jesus , who alone is the grand Propitiation , and such a knowledg as the moral Gentiles , and even the Jews had before the Revelation and Exhibition of the Person of the Messiah , in the fulness of time ; and how far an implicite knowledg of Jesus Christ in his Doctrine and Offices , before his exhibition in time , is necessary to salvation , is not of easie determination . And therefore , 3. This Clause must be supposed to respect the Gospel Oeconomy , and Evangelical dispensation , and to extend to such as are blessed with the manifestation of the Gospel , and clear revelation of Jesus Christ thereby ; And in this sense it is beyond all doubt , that none come to age , and the clear exercise of Reason , in an ordinary way , shall be saved , but such only as believe in him , own his Doctrine , and sincerely obey his holy Precepts . It is objected , 3. That from the 19 th Article , the interpretation of the sacred Scripture appertaineth to the Spirit of God , by which the Scripture was dictate and written , and no● to any person , or Church , for any Preheminence or Prerogative ; personal or local ; which seems to cut off all power of interpreting Scriptures from the Ancient Fathers , or General Councils . Answ. The harmonious Doctrine of the Protestant Church is , That the Spirit of God speaking in the Scriptures is as the best Judg , so the only best and infallible Interpreter of Scripture , whereby , tho the primary and authoritative Interpretation of the Scripture is ascribed to that blessed Spirit yet thereby is not denied to the Fathers and Councils a ministerial and declaratory power , in expounding the sacred Word , which is of great weight and authority with all Christians ; who needs must believe these holy persons and Assemblies to be ordinarily assisted by the light and conduct of his holy Spirit , who promised to be with his Church to the end of the world . It is objected , 4. That Article 19. the right administration of the Sacraments is one of the Notes of the true Church of God. And Art. 23. requires to the right administration of the Sacraments , that they be ministred in such Elements , and in such sort as God hath appointed ; whence some would infer , That all such Churches as use circumstances in the administration thereof which are not appointed by God , as the mixing of Water with Wine in the holy Eucharist , or of Oyl with Water in Baptism , must be by this Doctrine unchurched . Ans. When the 23 d. Article requireth to a true Church , that the Sacraments be administred in such sort as God has appointed , it mainly relateth to the words of Consecration , and to the institution , which indeed are essentially requisite to the very being of the Sacraments , these being null which are celebrated without them , and not according to the institution . As for the Elements , tho these be necessary , at least in ordinary cases , yet the mixtures and superadditions to these appointed Elements do not absolutely nullifie , tho they do corrupt the Sacraments . And that this is the meaning of the 23 d Article appears clear from the words immediately following , viz. else we affirm ; that they cease to be the right Sacraments of Christ Jesus , where they are not denied simply to be Sacraments , but are charged as Sacraments not rightly and duely administred , as these are which are not vitiated and adulterated by superstitious mixtures . It is objected 5. from that same Article 23. That to the being of lawful Ministers it is required , that they be men lawfully chosen thereto by some Kirk ; which seems to import the necessity of popular Elections , and to cancel the Rights of Patronages , and to unminister such as are presented by them . Answ. All Ministers presented by Patrons are elected by the Churh , in as much as Edicts are served , whereby the peoples consent is legally obtained before the person presented be collated or inducted to the particular Flock or Congregation ; And that by this Article Laik Patronages are not annulled appears evident by the seventh Act of the Parliament , 1667. wherein the same Confession of Faith , and all its Articles are authorised , and therefor cannot be supposed , by any Article of the foresaid Confession , to have been intended to be cast and overturned . It is objected , 6. That in the 15. Article amongst works which are reputed to be good before God to repress Tyranny is enumerate for one , which seems to encourage resistance and rebellion against the Supreme Civil Powers . Answ. Besides what may be said concerning Tyranny in inferior Judges , Magistrates , and other subordinate Superiors , the repression whereof is certainly a good work ; If we consider Tyranny in the Supreme Magistrate , it can only be said repressable by fair , just and lawful means : For i● possumus quod jure possumus : To suppress Tyranny by resistance or rebellion were to do evill that good may come of it , contrary to the Apostolical Rule and injunction ; but to suppress Tyranny by a regular assisting to make good Laws , by devout prayers , and pious Instructions and exhortations , may well be reckoned among good works . It is objected , 7. That in the 23. Article the Popish Ministers are no Ministers of Jesus Christ , which is contrary both to the doctrine , and practice of all sound Protestant Churches . Answ. 1. That Assertion is not contained in the doctrinal part of that Article 23. but is a Corollary illogically deduced from the first part thereof ; and we are not concerned in the ill Consequences and Paralogisms , which may be found in any of these Articles . 2. All Protestant Churches do acknowledg the Bishops , Priests , and Deacons in the Romish Church to be real and ordained Ministers of the Catholick Church , owning the Ordination of their Ministers to be derived in its succession from them : So that without unchurching themselves they must needs believe these to be really Ministers ; and the practice of Protestants doth universally demonstrate this : Inso much that when a Romish Priest comes over from them , and reconciles himself to the Protestant Church , he is allowed to exercise all the parts , and functions of the holy Ministry , without any new ordination : So that the meaning must be , either 1. That many are reputed Ministers in the Romish Church which indeed ●●o no Ministers of Jesus Christ , viz Deacons , Acolyths , and Exorcists , &c. and as follows in the Article , even women among them are allowed to baptize , who sure are none of Christs Ministers . Or 2. That they are no pious and faithful Ministers , nor such as Christ will own to be his , as is insinuate in the foresaid History of Reformation of the Church of Scotland , p. 251. where it calls all Popish Ministers then in this Kingdom , Thieves , Murderers , Rebels , Traitors , &c Or 3. That they were not duely elected Ministers , as is asserted ibid. Or in fine , That they are not sound or incorrupted Ministers . For according to the harmony of the Protestant Confessions , among which this Confession of ours is inserted , the Ministers of the Popish Church are owned to be true and real Ministers , in the same sense wherein that Church is acknowledg'd to be a true , and real Church , tho not a sound and pure one ; even as we say , that a Leprous or Paralitik man is a true and real man , tho not a healthful and sound man : as this same Confession , Article 17. calls the Church at Jerusalem , consisting of Priests , Scribes , Pharisees , &c. no Church of God , by reason of the corruptions thereof , wherein must be meaned no sound or incorrupt Church of God , as appears from the Title , viz. Of the Notes by which , &c. Many other Particulars may perhaps be excepted against , which are contained in that Confession , besides these which are here considered , and which we are not concerned much to notice , or to dip upon the Authority enacting , or authorising that Confession at the first forming thereof , since it is inserted in the Test only designative , as pointing to that Ancient system , wherein the substantials of the Protestant Religion are to be found , ( as was declared openly in Parliament , when some more zealous than considerate , would needs press the mentioning of it in this Oath ) which must be presumed to be the alone use of that Confession in this Test , since upon this account the Articles thereof were refused so much as to be read in Parliament , as being no part of our Oath , and formerly ratified by Law , at the passing of the Act , enjoy●ing the same : For if the words of the Oath be seriously weighed , we shall find , that by this Test we swear to own , prosess , and believe not every Article , or every Proposition , or every Consequence in that Confession ; but only the true Protestant Religion contained therein , and which Religion we believe to be founded on , and agreeable to he written word of God ; to the which Religion we bind our selves to adhere all the days of our life , and to educate our children therein &c So that if there be any Article , or proposition , or consequence contained in that Consession , which is contrary , or repugnant to the true Protestant ●eligion to be found in the harmony of Confessions ; We do not swear to own o● believe it . If it be replied , that by that Oath and Test , we swear to disown and renounce all Principles , Doctrines , and Practices , which are contrary to , and inconsistent with the said Protestant Religion , and Confession of Faith , and that therefore we are bound to own and believe all Principles and Doctrines which are contained in the Confession foresaid . Ans 1. The Confession of Faith repeated in this clause cannot be supposed to be understood otherways than as it is taken in the former , which is only designative , and denoting the system where the Protestant Doctrine is to be found , ut supra . 2 : The words of the Oath do sufficiently clear up this seeming difficulty , which are , That I disown and renounce all such Doctrines , Principles and Practices , Popish or Fanatical , which are contrary to , &c. So that unless there be errors , or Heterodox Doctrines , which are neither Popish nor Fanatical , discovered to be contained in the Confession foresaid , no shadow of scruple can be rationally entertained upon this account ; and tho there were , yet it is apparent , that the intention of the Parliament , in inserting that Confession into this Oath , was only so far as it stands in opposition to Popery and Fanticism , and no further : So that if there be any Doctrines which oppose any part or Article of that Confession , which are neither Popish nor Fanatical , we are not bound by this part of the Oath to renounce them : and no sound loyal Protestant will scruple to renounce all such Doctrines and Principles which are either Popish or Fanatical , which are repugnant to this Confession foresaid To close up this Head of Objections drawn from the Confession foresaid , it is to be considered , that the famous and ●earned Doctors of Aberdeen , Anno 1638. in their Demands and Duplys , do in Demand 11. declare and take God to witness , that they , and other people , were willing to subscribe this very Confession of Faith. And 11 : Duply , They assert , that they are ready , not only to subscribe , but to swear this National Confession of Faith , ( so they call it ) ratified , and registred in Parliament . To which Declaration they add the Oath sworn by them , when they received the degree of Doctorat in Theology , which Oath they solemnly again renew in the 7. Duply . And this they judged necessary for them to do , to satisfie the world , that they were no favourers of Popery , which , as then , so now , is the Engine whereby to calumniate loyal Subjects , and soundest Protestants , as Papists in masquerade . By which we understand , that these learned loyal Divines , and Orthodox , ( the glory of the Reformed Church in their Age ) who well understood the Protestant Doctrine , the unlawfulness of resisting the supreme Magistrate upon any pretence whatsoever , the intrinsik power of the Church , together with the Interests and Rights of Episcopal Government , did not scruple to subscribe and swear this Confession of Faith , and that as a Test against Popish Errors and Supersition . So that they who shall now refuse to swear to own and believe the true Protestant Religion , reformed from Popery , contained in this Confession , do occasion too much umbrage of suspicion and jealousie that they are not sound nor solid Protestants . As to the second Head or Classis of Objections , drawn from the Oath of Allegiance and Supremacy , which , together with the maintenance of the Kings Prerogative , is asserted and sworn in the Test , the great stress of the Objections founded thereupon lies in these two Particulars : That the Kings Supremacy , as it is asserted by the Act of Parliament , viz 16 Anno 1669. seems to deprive and devest the Church of all its intrinsick Power ; as if all Ecclesiastical Authority were derived not from Jesus Christ , the alone Prince , and Vital Head of his Church , but from secular Princes and Magistrates . And 2. That by the foresaid Act there seems to be a Power lodged in the King , to alter and change the established Episcopal Government of the Church , at his Royal pleasure , which they can never swear to maintain as a Prerogative of the Crown who believe Episcopacy to be of Divine Right , and Apostolical Institution , and by consequence , an oecumenick and unalterable Government by any power on earth . For the more clear satisfaction of these Objections , it will be convenient to read and consider that Act of Parliament , November the 16th . 1669 : ( in which , upon due perusal and examination , nothing new or dangerous to the setlement of our National Church , will be found comprehended . Our Saviour was very unconcerned to regulate the bounds of Soveraign Powers : he doth not examine Pilate's Power to judg of Blasphemy or Treason , but acknowledgeth and submits unto it : And so his Apostles neither enquire into the Rights of the Roman Emperors , nor limit the exercise of their Power , but seriously recommend to all good Subjects , as their duty , submission and obedience to the higher Powers : and they leave the secular Powers of the world in possession of whatever Authority , either over persons or matters , they found them invested with . The Magistrate doth not intitle himself to the Spiritual Function , in preaching the Word , administring the Sacraments , exercising the Power of Ordination , or the Keys , &c. Our gracious King never challenged these spiritual Powers , which indeed belong to the Bishops and other Ministers of the Church . The holiest and best Kings of Israel and Judah , are famous for abolishing false Worship , asserting and setling of the Truth : Many excellent Ordinances concerning Religion were made by Moses , Ioshua , David , Solomon , Asa , Iosiab , &c. which are recorded and applauded by the Spirit of God in the Scriptures . These ordered and regulated divine worship , Sacraments , and Covenants with God ; they erected Altars , Temples , and Tabernacles , and dedicated them to God : They destroyed Idolatry , reformed abuses in Gods House and service , and both setled the standing worship , and ordained Thanksgivings , and Humiliations ; so that the ordering of matters of Religion was not exempted from the supreme secular Power under the Law ; nor did the Emperors and Sovereign Princes of the earth by imbracing Christianity lose their Power injoyed by all their Predecessors , which if they had , they should have been thereby inevitably exposed to the disturbances of their Government by Seditions and Rebellions upon every frantick eruption of religious Melancholy . If Constantine had not interposed his Authority for suppressing the Arrian Heresie , what had become either of Government or Religion ? The drawing up of Canons for regulating Religion our Lord committed to the Apostles and their Successors the Bishops with other Ecclesiastical persons : but that these Canons should be inforced as Laws by temporal sanctions and penalties , this flowed from the authority of the Civil Power : And accordingly in the second oecumenical Council , the Bishops and Fathers assembled at Constantinople beseech Theodosius the elder to ratifie the Decrees of that Synod . Justinian established the main Canon or Cod●x of the Universal Church , consisting of the Canons of the first general and five Ancient provincial Councils , commanding them to be keept as Laws . As matters of Religion have not been exempted from the cognizance and regulation of the Supreme Civil Powers , much less can the exemption of Ecclesiastical persons be pretended . Under the Law , we find Solomon judging an High Priest offending , viz. Abiathar , whom he turned out , and placed Zadock in his Room and Office , 1 King. 2. 27 , 35. and as single persons , so if we consider Church-Officers in their Ecclesiastical Meetings and Assemblies , we find the Calling thereof lodged in the supreme Magistrate ; for Moses , not Aaron , David , not Abiathar , Solomon , not Zadock , summoned the Priests and Levites to the Meetings , so under the Gospel , in the pure and primitive times , we find no Councils , nor Synods called by the Bishop of Rome , nor by any other Bishop , or by any other Ministers forming themselves into Classical and Synodical Meetings , against , or without the Consent of the Christan Prince or Magistrate . To any who will be at the pains to consult Antiquty or Ecclesiastical History , it will evidently appear , that the indiction of times and places , the convocating of persons , the precedency , the ordering of debates , the dismission of Assemblies , the confirmation of Canons so as to enforce them as Laws in the General or Provincial Councils , were all performed by the supreme Magistrate . St. Paul himself appealed to Caesar , when arraigned and called in question for his Religion ; and Athanasius appealed from the Synod at Tyre to Constantine , to whom were two appeals made in the case of Cassianus and Donatus , besides many other instances of the like nature . And it were heartily to be wished , that all Church-men and Ministers whatsoever were throughly convinced of the doctrine and duty of their obedience to the Supreme Powers , otherways as they grow popular they become dangerous : Sacerdoces eo quidem sunt ingenio , ut ni pareant territent St. Chrysostom comments excellently on Rom. 13 , v. 1. 2. Let every soul be subject , saying , whether he be an Apostle or Evangelist , a Prophet , &c. let him be subject to the higher Powers . Our blessed Saviour and the Apostles were the most eminent Ecclesiastical persons , yet did not think themselves exempted from the Authority and Jurisdiction of the Civil Powers ; and if the 24th . Article of the Confession of Faith , mentioned in the Test , be considered , it will be found to grant as much to the Civil Magistrate as here is asserted and yeelded . Yet all this power belonging to the supreme Magistrate over religious persons and matters doth not interfer with , nor suppress the intrinsik and essential Power , and Authority of the Church ; for the Church's power is internal and spiritual , and the power of the supreme Magistrate is external , coercive and temporal ; which , when duely weighed in a just balance , will be found not only to be poised of just different kinds and natures , but so far from interfering with or destroying one another , that if duely and rightly managed , they do mutually assist and support each other . Beside , the sense of the Oath of Supremacy asserted in a Speech delivered by B. James Usher then Bishop of Meath , and afterwards Primate of Ireland , at Dublin , Novemb. 22. 1622. for which he received the thinks of King James the sixth , the Solomon of his Age , by a Letter from His Majesty , dated the 11. day of January 1623. is so clear and plain , that it leaves no place for any manner of scruple concerning the intrinsick power of the Church , as if it were invaded and incroached upon by the foresaid Oath ; where it is said , That the Kings Supremacy reacheth the outward man only , but the spiritual and intrinsick power of the Church reacheth to the inward ; this binding or loosing the soul , that laying hold only on the body , and things belonging thereto : Yea , there is an Act of the Parliament of England , 13. Eliz. declaring , That by the supreme Government given to the Prince is understood that kind of Government only which is exercised with the Civil Sword. So that there is nothing can be more evident than that by the Kings Supremacy , as asserted by the Act November 16. 1669. no incroachment or invasion is made upon the spiritual intrinsick power of the Church . Besides , by the very express words of that assertory Act , No more is declared to belong to the King , save the ordering and disposal of the external Government and Policy of the Church . And again , The administration of the external Government of the Church ; where not a syllable can be found touching upon the internal , spiritual , and essential power and iurisdiction thereof And as to the word , matters , contained in that Act , & the Kings emitting Orders concerning religious matters as well as persons , it needs stumble no thinking person , as if our Religion were thereby exposed to dangers at the pleasure of the Prince , if we consider the following words , viz. Matters to be proposed and determined in Ecclesiastical Meetings or Assemblies , which reserves the power of determining matters of Religion still in the hands of that Meeting or Assembly : So that tho the King , may , by vertue of his RoyalSupremacy , propose any matter of Religion to a National As● . Yet it is not to pass unto an act , till first it be determined by the deliberate and free consent , vote and suffrage of the major part of that Ecclesiastical Meeting . And now let the Impartial Judg , if any so great security for the true Protestant Religion can be devised as to have all Bishops , Ministers , and Members of a National Synod ( to whom the determining of matters of Religion by Law belongs ) , solemnly sworn and bound by this Oath and Test , to adhere to the same Protestant Religion all the days of their lives , and never to consent to any alteration or change thereof . As for the other Objection of these who think that by this assertory Act , 1669. there is a power declared to be vested in the King , to alter , and change the Established Episcopal Government of this National Church , which these who believe Episcopacy to be of Divine Right , and Apostolical Institution , and by consequence , unalterable by any humane Authority , can never swear to belong to the Crown , as an Inherent Right and Prerogative thereof . For answer : Tho this point of the Divine Right of Episcopacy is tenderly to be touched , the Phrase of Jus Divinum being in terms subject to misconstruction ; yet it must be acknowledged , that no form of Church - Government was ever yet modelled , or set up , which hath not claimed to a Jus Divinum , as well as Episcopacy , tho every one of them , with far more noise , but with far less reason than this hath done , For the Papists ground the Popes Oecumenical Supremacy upon Christs Commands , to St. Peter , to execute it , and to all the Flock of Christ , Soveraign Princes as well as others , to submit to him , as to their Universal Pastor . The Presbyterians cry up their model of Government , tho of a very late Edition , as the very Scepter of Christs Kingdom , to which all Kings are bound to submit theirs , making it also unalterable , and as inevitably necessary to the being of a Church , as the Word and Sacraments . The Independents assert , that any single Confederate Congregation is , Jure Divino , free and absolute within it self , to govern it self by such Rules as shall be consented to by its Members ; without dependance from any , except Jesus Christ alone , or subjection to any Prince , Bishop , or any other Person , or Consistory whatsoever : So that all these other flatly deny the Kings Supremacy , and claim a Power and Jurisdiction over him , The Presbyterians agreeing with the Papists in this branch of Antichristianism , and claiming to their Consistories as full and absolute Jurisdiction over Princes , even to the highest censure by Excommunication , as the Romanists challenge to belong to the Pope ; or pleading , at least , a priviledg of exemption from the Kings Authority and Jurisdiction , The Independents exempting their Congregations from all Ecclesiastical subjection to Christian Kings , in asample manner as ther Papists do their Clergy : whereas the Protestant Bishop , and regular Ministers , as becometh good Christians , and dutiful Subjects , do neither pretend to any Jurisdiction over the King , nor withdraw their Subjection from him , but humbly acknowledg His Majesty to have Soveraign Power over them , as well as over his other Subjects , and that in all matters , Ecclesiastical as well as Temporal . But for a more closse Answer to this Objection , They who believe the Indifferency of the forms and models of Church-Goverment cannot have any scruple on this Head , in regard of the present Church-Government . For should it be changed by Authority , then are they not obliged by this Oath any longer to own it : Cessante enim materia juramenti , cessat ejusdem obligatio : radice obligationis sublata , tollitur ●●â pullulans inde obligatio . according to all Casuists . Juramentum sequitur naturam & conditionem actus cui adjungitur , id est , materiae circa quam versatur , sicut accessorium sequitur naturam sui principalis , accessorium extinguitur cum principale cadit , D. Sandersone . These who believe Episcopacy to be of Divine Right , have no cause to fear that ever the King will alter this specifick form of Church-Government , neither inclination , nor interest moving him to it : The Aphorism so usual with His Majesties Royal Grandfather , No Bishop no King , cannot but make deep impression on His Majesty , and must be considered not only as a sentence full of present truth when it was uttered , but a sad prophecy of the Tragical events which after ensued : And as the greatest and most politick Underminers of the Monarchy did of late , so their successors continue still to make their oblique and first assaults upon it , by raising their batteries against the setled Episcopacy . 3 : If the words of that assertory Act be sedately weighed , they will not be found to bear the weight of this Objection , for the odds are vast betwixt them , a power to order , and dispose the external Government , and Policy of the Church , together with the ordering of the administration of the external Government of the Church , which are the words of that Act , and the power of altering and changing the specifick and essential Government of the Church ; the former relating to the Ecclesiastical ordering of Ecclesiastical Persons , Matters and Meetings as the Act it self expresly bears . The King may , and ought to have the ordering , and disposing , and administration of the external Government of the Church , without claiming a power to alter or change the very Species , Body , and essence of it . Nor may we in charity presume , that our Gracious King challenges any such power to himself , by vertue of that Act assertory ; nor doth it hinder any to believe Episcopal Government to be institute of God , that , in the exercise and external administration thereof , it is subject to the Orders and Authority of the Prince : for the same power may be said to be from Heaven , and to be of men under different notions , and respects ; to be from Heaven , and of God , in respect of the substance of the thing in general , and to be of men , in respect of the determination of sundry particulars requisite to the lawful and laudable exercise thereof : Tho the Ministerial Power be of God , yet are the Ministers , in executing the Acts proper to their Ministerial Functions , regulated and ordered by Ecclesiastical Laws , Canons of the Church , or Acts of General Assemblies : Nor doth the derivation of any power from God necessarily infer the Non-subjection of the persons in whom that power is vested to any others , as to the managing and exercise thereof : For the power which Fathers have over their Children , Husbands over their Wives , Masters over their Servants , is from Heaven , of God , and not of Men ; yet are Parents , Husbands , Masters , in the exercise of their several respective powers , subject to the powers , Jurisdictions , and Laws of the lawful Soveraigns . It will prove a very difficult task for any man to find out a clear and satisfying reason of difference , in this present case , betwixt the Ecclesiastical power & Oeconomical , why the one , because it claimeth to be of Divine Right , should be therefore exempted from the Regulation of it , in its exercise , by humane Laws , and not the other , which flows from Heaven , and is equally of Divine Right with the former . 5. In fine , All such who have sworn the Oath of Allegiance and Supremacy , since the assertory Act was made , Anno 1669 ▪ can have no pretence to scruple the taking of this Test , upon account of any thing contained in the Act of Supremacy , already sworn by them , in as much as they must be understood to have taken that Oath in the sense of the Lawgivers who framed that Act. Before we come to the Third Classis of Objections , it will be necessary to say something for satisfaction of the Doubts of some who apprehend contradictions betwixt some expressions in the Consession of Faith , and others in the same Consession ; and betwixt some assertions therein , and others in the Test : So that they think by taking this Oath they shall he ensnared to swear to contradictory Propositions . Two are instanced , that in the Article concerning the Immortality of Souls , it is said , That the Elect departed this life are delivered from all torment ; And yet in the same Article it is asserted , That neither the Elect nor Reprobate are in such sleep after death that they feel no torment . To this seeming contradiction it is answered , 1. That this flows from the mistake and error of the Printer alone , and not from any fault in the Confession : For in that History of the Reformation of the Kirk of Scotland , of the foresaid Edition , the later part of the Article runs thus : So that neither the one nor the other are in such sleep that they feel nothing ; Which clearly takes off all shadow of Contradiction , as well as the error of those against whom that Article seemsto be levelled . But finally , the Latin Paraphrase of it , in the Harmony of Confessions , takes off all difficultly : For there the words run thus , Adeo ut neque hi neque illi ita dormiant ut non sentiant in qua conditione versentur . Another seeming contradiction , is betwixt the Confession and the Test , viz. Art. 25. it is said , That they who resist the supreme Powers ( doing that which belongs to their charge ) resist Gods Ordinance , and they who deny to them their aid , counsel , comfort , &c ( while the Prince● and Rulers vigilantly travel in the execution of their Office , ) these deny their help and support to God : which words seem to disallow the resisting of the supreme Magistrate , only conditionally , and in a limited and restricted sense . Again the Oath and Test assert , That it is unlawful , upon any pretence whatsoever , to take up arms against the King , or these commissionate by him ; which doth declare the resisting of the Soveraign power to be simply and absolutely unlawful , without any restriction or limitation . Ans. Here is no Contradiction , if the Logical Rules be observed : For , to resist the Supreme Powers doing that which pertains to their charge is to resist Gods Ordinance , and not to resist the Supreme Powers , doing that which pertains to their charge , is to resist Gods Ordinance , were indeed a contradiction : but to resist the Supreme Powers doing that which appertains to their charge , is to resist Gods Ordinance : and to resist the Supreme Powers , upon whatsoever pretence , is to resist Gods Ordinance , imports no manner of contradiction . And so of the other proposition , To deny aid , counsel , &c. while Princes and Rulers vigilantly travel , &c. in the execution of their Office , and not to deny aid , counsel , &c. while , &c are contradictions : but to deny aid , counsel , &c. while Princes and Rulers vigilantly travel : and to deny aid , counsel &c. to Princes and Rulers , upon no pretence whatsoever , implies nothing of a contradiction . 3. When it is told . That at the very time of the framing and enacting of the Test , this Confession was represented to be wanting and defective in the Doctrine of the absolute unlawfulness of resisting the Soveraign Magistrate : and that therefore it was necessary , that agreeably to the peaceable and loyal protestant Doctrine , something might be inserted in the Test to make that point more clear , full , and perspicuous , which accordingly was done : And whatever bad use might be made of the clause in the 25th Article , the scruple it self not being exempted from the wresting of unlearned and perverse men , for serving ill designs and purposes , by some bus●ie and seditious Spirits , to introduce the Doctrine of Conditional Allegiance , which was openly advanced by the late Covenant , and solemn League ; Yet the Assertion contained in the words of that Article is undoubtedly true and certain . vi● That the lawful Magistrate is not to be resisted , while he does what pertains to his charge , and travels vigilantly in the execution of his Office : tho it be not full enough , or sufficiently extensive , but is more clearly and fully supplied and asserted in the Oath or Test it self : So that the Doctrine of the unlawfulness of resistance , asserted in the Test , is more comprehensive and full , but no way contrary , or contradictory thereto . And indeed it were most impious uncharitableness for any to suppose that the same Persons and Authority which asserteth and determineth the absolute unlawfulness of resisting in one branch of an Oath , should in another branch of the same Oath , allow of conditional resistance , especially while they proceed gravely and deliberately , after a plain representation of the defects of the Confession , in this very point of Doctrine . So that the Oath being to be taken according to the sense and meaning of the framers and imposers thereof . It is clear as light , that the late Session of Parliament , which injoins this Oath , understood the Doctrine concerning the unlawfulness of resistance , in the simple and absolute sense supplied and exprest in the later part of the ●est , that thereby the Protestant Doctrine might be vindicated from all imputations of disloyalty , in seeming to countenance any pretence of resisting and rebelling against the Lawful Power which God in his providence had set over them . The 3d. head or classis of Objections is drawn from that of asserting the unlawfulness of convocating or assembling in any Councils , Conventions , &c. to consult or determine , in any matter of State , &c. whence some Object and say , That this cuts off intrinsick power from the Church of holding Religious Assemblies , and Church Courts , for giving ordination , and for spiritual censures , &c. To which it is sufficiently replied already by shewing that the spiritual and intrinsick power of the Church , as to this matter , is no ways hurt and damnified , by making Church meetings , as to their external and coercive power , depend upon the Supreme Magistrate his allowance and regulation . The words of the Oath and Test do sufficiently clear up this mistake , which do not bar Christian Subjects from Godly communications or quiet and peaceable meetings for Religious Worship , in preaching the word , Administration of the Sacraments , and the internal exercises of the power of the keys by ordination and spiritual jurisdiction , censuring Offenders , and absolving penitents as the Apostles and the Primitive Christians used in Ancient times of Infidelity and persecution , but only obliges not to hold meetings or assemblies for treating , consulting and determining in any matter of State , Civil or Ecclesiastical , &c. which in the plain sense and meaning relates to the external policy of the Church , and Peace , Order , and Government of the World , viz. That they shall not meet nor form themselves in Judicatories to make Laws , or to invade or overturn the setled Estate and Government of the Church , or Kingdom , without the Kings express Warrant or consent , which every sound and Loyal Protestant must needs acknowledg he is bound not to endeavour , unless he should conclude that the Sons of Peace are by the most peaceful institutions of the Word obliged to turn Sons of Thunder , to disturb , and inflame the tranquillity of mankind . 3. When we assert the unlawfulness of meetings and conventions , it is understood ( except in ordinary Judgments . ) Which clause is expresly inserted in the 4th Act , 1 Sess. 1. Par. Char. 2d , whereby His Majesties Royal Prerogative is recognized , and which Prerogative is Sworn in the Test to be maintained and defended . The holding of Green Tables and Church assemblies in the beginning of the late fatal Rebellion against our late blessed King , and Martyr , without and against His Majesties Warrant and Licence , doth sufficiently discover the dangers , as well as the sinfulness of Church Convocations and Illegal Meetings , so that unless a man discover himself too forward to commence new Tumults and Insurrections , he will beware to entertain such Principles which tend so openly to advance and promote them The 4. and last classis of Objections , which militate against the Oath and Test , is drawn from that clause , which asserts . That there lies no obligation from the Covenants , or Solemn League or Covenant , or any other manner of way whatsoever , to endeavour any Change or Alteration in the Government , either in Church or State , as it is now established by the Laws of this Kingdom : Whence some object and say , That no Policy or Government in the world is so perfect as not in something to need correction and amendment , which every one that is entrusted with the management thereof , ought to endeavour , and in his proper station , to reform and better it , and therefore it seems unlawful to swear never to endeavour any alteration in the Government , Civil or Ecclesiastik . And seeing endeavour here may refer to the forementioned means of Leagues , Covenants , Councils , Conventions and Assemblies , relating to State-Affairs Ecelesiastik or Civil , or of taking up of Arms , [ which no pious or loyal Subject will decline to renounce ] without the Kings express licence : It is obvious , that by change or alteration in the Government , nothing else can be reasonably understood , but the subversion of the specifik established Government , or of the fundamental Constitution thereof ; and not of every circumstance , or unnecessary part thereof , as is cleared beyond doubt , by the same Parliament which formed and enjoyned this Oath and Test. Wherein many excellent Acts are made for bettering and securing the Government , both in Church and State : So that it cannot be supposed , that by this clause , any regular endeavour to rectifie or better the established Government of both , is renounced ; but only such impious and irregular endeavours and attempts as intend to shake or subvert the substance , species , and body of the Monarchy and Episcopacy or the fundamental Laws and Constitutions thereof . Hence it appears a meer quible , to cavil upon the Particle , ( as ) it is established ; which some think had been better expressed by , ( which ) is established by Law , since by what is said , the Particle ( as ) is not to be taken reduplicative , but specificative , relating to the species , and substance of the Government . And it is a cavil , no less f●ivoious , which is made upon the Particle ( in ) ●he Government ; which they say had been been better expressed , of the Government , since that Particle ( in , ) must neither relate to the substance , species , and fundamentals of these Governments , to endeavour the alteration or change whereof is entirely unlawful by this Oath ; or it must be interpreted by the Parricle ( of ) , by which the sinfulness of any Subjects endeavouring the change or subversion of the setled Monarchy , and Episcopacy , is sworn and asserted . The last clause in the Test ●●e●●ing it to be taken in the plain and genuine sense and meaning of the words , without any equivocation or men tal reservation . &c doth not exclude the sensing and interpreting the same by the common Rules of Speech , as well as of Iustice and equity . This Interpretation imports no more than singly to make clear and plain any word or sentence therein , which may seem to any to be dark or dubious , which serves only to disco ver the genuine sense of the Oath , and the true design and meaning of the imposers thereof ; which is all that by this essay is undertaken and endeavoured . And if a man may swear to believe the Articles of the Apostolik Creed , or the several petitions of the Lords Prayer , or the Doctrine contained in the Ten Commands of the Moral Law , without any equivocation , mental reservation , or evasion , &c. which yet he cannot do , without an interpretation put upon some Articles of the Creed , viz. of the descent into Hell , and upon some Petitions in the Lords Prayer ; as Give us this day our dayly bread , and on some of the Ten Commandments , as the Fifth , and the words of the Fourth Commandment : then may we also swear this Oath , th● some words , or phrases in it need a sense or illustration to be put on them . Must a Christian abstain therefore from saying the Lords Prayer ? No. Neither for this need we to admit any ambiguity or equivocation : The word certainly hath but one true sense and signification ; but divers persons understand them according to the different measures of their light . These are the most ordinary and popular scruples of greatest seeming force , which are commonly offered against this Oath and Test , and upon the issue they appear to be founded upon mistakes of the true sense and meaning of some words and clauses therein ; and misconstructing of the design Authority had in framing and imposing the same . And now we having been in duty so tender and compassionate toward the Loyaland Regular Protestant Subjects , ( this Vindication being intended for the satisfaction neither of Papists nor Fanatiks ) , as to endeavour by this short essay to clear these doubts and scruples which might arise in their minds upon the Oath , that thereby they may perceive the genuine sense of the same , whereby it clearly appears , that we are not Sworn by it to maintain or believe every Article , assertion , or clause in the Confession of Faith therein mentioned , but only the true Christian Protestant Religion , as it is reformed from the errours and superstitions of the Romish Church and other Heresies ; and that by it no power is asserted to belong to the Prince which is inconsistent with , or destructive of the Specifik Established Government of the Church , or the intrinsik or Spiritual Jurisdiction thereof ; it may be fairly hoped that all good & Peaceable Subjects with their Ministers & others will meekly receive the Satisfaction here offered unto them , and compose their minds to a chearful acquiescence in the Wisdom of their Governours , who have judged this Oath so necessary for defeating the pretended Obligations of many former unlawful and Treasonable Oaths , and the best mean and expedient for securing the Church and Protestant Religion , together with the Monarchy , from all danger of Subversion from the Papists on the one hand , and the Fanatiks on the other . It cannot but be lookt on as a fatal thing , if any Conformist Ministers or truly Loyal Protestants , for whose interest , Peace and Security , this Oath was chiefly formed and injoyned , should not only , after what is said , continue to entertain peevish scruples themselves , but undutifully to fill the minds of the Populacie with prejudices as unjust as uncharitable against it , contrary to the Rules of our most peaceable Religion , and therein following the steps of these incendiaries who fatally fired the Kingdom in the late Age , by instilling prejudices into the unwary Mobile from the Pulpits , or other ways , branding the Actions of the K. and Par. as imposing things sinful and unlawful . This sure will prove the greatest advantage the promoters of the Romish Interest will propose to themselves against our Church and Religion , in as much as every Schism and Breach amongst us , and concussion in the Ancient Government of our Church , doth visibly hazard the dissolution of the whole fabrick of our Religion . And if things still go on at this rate , the explanation that some in our late Distractions and Rebellion made of that passage , St. John 11. v. 45. Venient Romani & capient gentem nostram , will prove too true a Prophecy , and Popery will overturn all at last . It is a wonder indeed to see how the Fanatical adversaries of this poor Church have in so short a time been so strangely multiplied in their number , and divided and subdivided into so many special opinions and Principles , crumbled into factions and fractions , biting and ready to devour one another : And if loyal Protestants also fall in pieces and by the ears among themselves , upon most unseasonable and uncharitable scruples , may it not be feared , that the vigilant adversary , who is intent upon all manner of advantages , will , when he spieth his time , over-master all with the more ease and less resistance . It cannot in charity be doubted , but the love of the Church's Peace and Unity , Loyalty to the best of Monarchs , pious care for preserving and securing our excellent Religion from Popery , Disloyalty , and Enthusiasm , with the zeal of loyal and regular Ministers for the benefit and education of Christian Schools , under their spiritual conduct , and the dutiful regard and deference men owe to their spiritual and temporal Governours will prevail with humble , meek and teachable minds , by interpreting all the actions of Authority in the best and most favourable sense , to resolve and overcome all scruples , that stand in the way of their duty , and frankly and readily to embrace what the most transcendent Authority of this Nation hath , from sincere and pious intentions , enjoyned and imposed , for so pious and excellent ends . If this small Apology be read without gall or prejudice , the Reader will not catch at Particles or Syllables , but studying the peace of this Church and Kingdom , will receive without peevishnesse , prejudice or partiality , the satisfaction which herein is with so much affection and charity endeavoured and tendered , then the pains herein taken shall be thought well placed and imployed . EDENBURGH , Sederunt tertio Die Novembris 1681. His Royal Highness , &c. Athol Praeses , Montrose , Argyle , Winton , Linlithgow , Perth , Strathmore , Roxburgh , Ancram , Airley , Balcarres , Lorn , Levingston , Bishop of Edenburgh , Elphinston , Rosse , Dalziel , President of Session ; Treasurer Deputy , Register , Advocate , Justice Clerk , Collintoun , Lundie . This day the Earl of Argyll having first openly declared his sense ▪ as you have it hereafter set down in his explication , took the Test , as a Privy Councellor , and after he was called to , and had taken his place , the Councils explication , which I have already mentioned , having been formerly read and debated , was put to the vote , and passed , the Earl not voting thereto , as hath been remarked . Edenburgh , the 3d day of November , 1681. The Privy Councils Explanation of the Test. FOrasmuch as some have entertained jealousies , and prejudices aganst the Oath and Test appointed to be taken by all persons in publik Trust. Civil , Ecclesiastical , or Military , in this Kingdom , by the Sixth Act of His Maje 〈…〉 ies Third Parliament ; as if thereby they were to swear to every Proposition or Clause of the Confession of Faith therein mentioned , or that invasion were made by it upon the intrinsik spiritual Power of the Church , or Power of the Keys , or as if the present Episcopal Government of this National Church , by Law established were thereby exposed to the hazard of alteration , or subversion : All which are far from the intention , or design of the Parliament's imposing this Oath , and from the genuine sense and meaning thereof : Therefore His Royal Highness ▪ His Majesties High Commissioner , and Lords of Privy-Council , do allow , authorise , and impower the Archbishops and Bishops to administer this Oath and Test to the Ministers , in their respective Diocesses , in this express sense : ( 1. ) That tho the Confession of Faith , ratified in Parliament 1567. was framed in the Infancy of Reformation , and deserves its due praise yet by the Test we do not swear to every Proposition , or clause therein contained , but only to the true Protestant Religion , founded on the word of God , contained in that Confession as it as opposed to Popery and Fanaticism . ( 2. ) That by the Test , or any clause therein contained , no invasion or encroatchment is made or intended upon the intrinsik spiritual power of the Church , or power of the Keys , as it was exercised by the Apostles ; and the most pure and primitive Church , in the first three Centuries after Christ , and which is still reserved intirely to the Church . ( 3. ) That the Oath and Test is without any prejudice to the Episcopal Government of this National Church , which is declared by the first Act of the second Session of His Majesties first Parliament , to be most agreeable to the word of God , and most suitable to Monarchy , and which upon all occasions His Majesty hath declared he will inviolably and unalterably preserve . And appoint the Archbishops , and Bishops to require the Ministers in their respective Diocesses , with their first conveniency , to obey the Law in swearing and subscribing the foresaid Oath and Test with certification , that the refusers shall be esteemed persons disaffected to the Protestant Religion , and to his Majesties Government ; and that the punishment appointed by the foresaid sixth Act of His Majesties third Parliament shall be impartially , and without delay inflicted upon them . By me . Pet. Menzeis . Sederunt quarto Die Novembris , 1681. His Royal Highness , &c. Montrose Praeses , Perth , Ancram , Levingston , President of Session , Advocate , Winton , Strathmore , Airley , Bishop of Edenburgh , Treasurer Deputy , Lundie . Linlithgow , Roxburgh , Balcaras , Elphynstoun , Register , This day the Earl of Argyle being about to take the Test , as a Commissioner of the Treasury , and having uponcommand produced a paper bearing the sense in which he took the Test , the preceeding day , and in which he would take the same , as a Commissioner of the Treasury ; Upon consideration thereof , it was resolved , that he cannot sit in Council , not having taken the Test , in thesense and meaning of the Act of Parliament , and therefore was removed . The Earl of Argyle's Explication of the Test vvhen he took it I Have considered the Test , and I am very desirous to give obedience as far as I can . I 'm confident the Parliament never intended to impose contradictory Oaths : Therefore I think no man can explain it but for himself . Accordingly I take it , as far as it is consistent with it self , and the Protestant Religion . And I do declare That I mean not to bind up my self in my station , and in a lawful way , to wish and endeavour any alteration I think to the advantage of Church or State , not repugnant to the Protestant Religion and my Loyalty . And this I understand as a part of my Oath . But the Earl finding , as hath been narrated , this his Explication , though accepted , and approven by His Highness and Council , the day before , to be this day carped and offended at , and advantages thereupon sought and designed against him , did immediatlie draw up the following Explanation of his Explication , and for his own vindication did first communicat it to some privatlie , and thereafter intended to have offered it at his trial for clearing of his defences . The Explanation of his Explication . I Have delayed hitherto to take the Oath , appointed by the Pa 〈…〉 ent to be taken , betwixt and the first of January nixt : but now being required , 〈◊〉 two moneths sooner to take it , this day peremptourly or to refuse . I have considered the Test , and have seen several Objections moved against it , especially by many of the Orthodox Clergy , notwithstanding whereof , I have endeavoured to satisfie my self with a just explanation which I here offer , that I may both satisfie my conscience , and obey Your Highness , and Your Lordships commands in taking the Test ; though the Act of Parliament do not simply command the thing , but only under a certification , which I could easily submit to , if it were with Your Highness favour , and might be without offence , but I love not to be singular , and I am very desirous to give obedience in this and everything as far as I can , and that which clears me is that I am confident whatever any man may think , or say to the prejudice of this Oath , the Parliament never intended to impose contradictory Oaths ; and because their sense , ( they being the framers and imposers ) is the true sense , and that this Test injoyned is of no privat interpretation , nor are the Kings Statuts to be interpreted but as they ●ear , and to the intent they are made , Therefor I 〈…〉 nk no man , that is , no privat person , can explain it for another , to amuse or trouble ●im with ( it may be ) mistaken glosses . But every man as he is to take it , so is to ex 〈…〉 ain it for himself and to endeavour to understand it , ( notwithstanding all these exce 〈…〉 on s ) in the Parliaments , which is its true , and genuine sense . I take it therefore notwithstanding any scruple made by any as far as it is consistent with it self , and the Protestant Religion which is wholly in the Parliaments sense , and their true meaning ; which [ being present ] I am sure , was owned by all to be the securing of the Protestant Religion , founded on the word of God , and contained in the Confession of Faith recorded I. 6 p. 1. c. 4. And not out of scruple as if any thing in the Test did import the contrary , but to clear my self from all cavils ; as if thereby I were bound up further then the true meaning of the Oath . I doe declare that by that part of the Test , that there lyes no obligation on me &c. I mean not to bind up my self , in my station , and in a lawfull way , still disclaming all unlawful endeavours , to wish , and endeavour any alteration I think , according to my conscience , to the advantage of Church , or State , not repugnant to the Protestant Religion , and my Loyalty and by my Loyalty , I understand no other thing then the words plainly bear , to wit the duty and allegiance of all Loyal Subjects and this explanation I understand as a part not of the Test or Act of Parliament , but as a qualifying part of my Oath that I am to swear , and with it I am willing to take the Test , if Your Royal Highness , and Your Lordships allow me , or otherwise , in submission to Your Highness , and the Councils pleasure , I am content to be held as a refuser at present . The Councils Letter to His Majesty , concerning their having committed the Earl of Argyle . May it please your Sacred Majesty , THE last Parliament having made so many and so advantageous Acts , for securing the Protestant Religion , the Imperial Crown of this Kingdom , and your Majesties Sacred Person ( whom God Almighty long preserve ) and having , for the last , and as the best way for securing all these , appointed a Test to be taken by all who should be entrusted with the Government ; which bears expresly , That the same should be taken in the plain and genuine sense and meaning of the words ; We were very careful , not to suffer any to take the said Oath or Test , with their own Glosses or Explications : but the Earl of Argyle having , after some delays , come to Council , to take the said Oath , as a Privy-Councellor , spoke some things which were not then heard , nor adverted to , and when his Lordship at his next offering to take it in Co●ncil , as one of the Commissioners of your Majesties Tresury , was commanded to take it simply , he refused to do so ; but gave in a Paper , shewing the only sense in which he would take it , which Paper we all considered , as that which had in it gross and scandalous Reflections upon that excellent Act of Parliament , making it to contain things contradictory and inconsistent ; and thereby depraving your Majesties Laws , misrepresenting your Parliament , and teaching your Subjects to evacuate and disappoint all Laws and Securities that can be enacted for the preservation of the Government ; suitable to which his Lordship declares in that Paper , That he means not to bind up himself from making any alterations he shall think fit , for the advantage of Church or State ; and which Paper he desires may be looked upon as a part of his Oath , as if he were the Legislator , and able to add a part to the Act of Parliament . Upon serious perusal of which Paper we found our selves obliged to send the said Earl to the Castle of Edenburgh , and to to transmit the Paper to your Majesty , being expresly obliged to both these by your Majesties express Laws . And we have commanded your Majesties Advocate to raise a pursuit against the said Earl , forbeing Author , and having given in the said Paper : And for the further prosecution of all relating to this Affair , we expect your Majesties Commands , which shall be most humbly and faithfully obeyed by Your Majesties most Humble , most Faithful , and most Obedient Subjects and Servants Edenburgh , Nov. 8. 1681. Sic Subscribitur , Glencairne , Winton , Linlithgow , Perth , Roxburgh , Ancram , Airlie , Levingstoun , Io. Edinburgen : Ross , Geo. Gordoun , Ch. Maitland , G. M ckenzie , Ja. Foulis , I. Drumond . The Kings Answer to the Councils Letter . C. R. Novemb. 15. 1681. MOst dear , &c. having in one of your Letters directed unto us , of the 8. Instant , received a particular account of the Earl of Argyle's refusing to take the Test simply , and of your proceedings against him , upon the occasion of his giving in a Paper , shewing the only sense in which he will take it , which had in it gross and scandalous Reflections upon that excellent late Act of our Parliament there , by which the said Test was enjoyned to be taken ; we have now thought fit to let you know , that as we do hereby approve these your Proceedings , particularly your sending the said Earl to our Castle of Edenburgh ; and your commanding our Advocate to raise a Pursuit against him , for being Author of , and having given in the said Paper ; so we do also authorize you to do all things that may concern the further prosecution of all relating to this Affair . Nevertheless , it is our express will and pleasure . That before any Sentence shall be pronounced against him , at the Conclusion of the Process , you send us a particular account of what he shall be found guilty of , to the end that , after our being fully informed thereof , we may signifie our further pleasure in this matter . For doing whereof , &c. But as notwithstanding the Councils demanding by their letter His Majestie 's allowance for prosecuting the Earl , they before any return caused His Majestie 's Advocat exhibit ane indictment against him , upon the points of slandering and depraving , as hath been already remarked so after having receaved His Majestie 's answer , the design growes , and they thought fit to order a new indictment containing beside the former Points the crimes of treason and perjury , which accordingly was exhibit , and is here subjoyned , the difference betwixt the tvvo indictments being only in the particulars above noted . The Copy of the Indictment against the Earl of Argyle . Archibald Earl of Argyle , YOU are indicted and accused , That albeit by the Common Law of all well-govern'd Nations , and by the Municipal Law and Acts of Parliament of this Kingdom ; and particularly , by the 21 , and by the 43d Act , Par. 2 James 1. and by the 83d Act , Par. 6. James 5. and by the 34th Act Par. 8. James 6. and the 134th Act , Par 8 James 6. and the 205th Act , Par. 14. James 6. All leasing-makers , and tellers of them , are punishable with tinsel of Life and Goods ; like as by the 107th Act. Par. 7. James 1 ▪ it is statuted , That no man interpret the Kings Statutes otherwise than the Statute bears , and to the intent and effect that they were made for , and as the makers of them understood ; and whoso does in the contrary to be punished at the Kings will : And by the 10th Act , Par. 10. James 6. it is statuted That none of His Majesties Subjects presume or take upon him publikly to declare , or privately to speak or write any purpose of reproach or slander of His Majesties Person , Estate or Government , or to deprave his Laws , or Acts of Parliament , or mistconstrue his Proceedings , whereby any mistaking may be moved betwixt his Highness , his Nobility , and loving Subjects , in time coming , under pain of death ; certifying them that does in the contrary , they shall be reputed as seditious and wicked instruments , enemies to his Highness , and to the Commonwealth of this Realm : and the said pain of death shall be executed against them with all rigour , to the example of others : And by the second Act , Ses. 2. Par. 1 Char. 2. it is statuted , That whosoever shall by writing , libelling , remonstrating , express , publish , or declare any words or sentences , to stir up the people to the dislike of His Majesties Prerogative and Supremacy , in causes Ecclesiastik , or of the Government of the Church by Archbishops and Bishops , as it is now setled by Law , is under the pain of being declared incapable to exercise any Office Civil , Ecclesiastik , or Military , within this Kingdom , in any time coming . Like as by the fundamental Laws of this Nation , By the 130th Act , Par 8. James 6. it is declared , That none of His Majesties Subjects presume to impugn the Dignity or Authority of the Three Estates , or to procure innovation or diminution of their Power and Authority , under the pain of Treason . And that it is much more Treason in any of His Majesties Subjects , to presume to alter Laws already made , or to make new Laws , or to add any part to any Law by their own Authority , that being to assume the Legislative Power to themselves , with his Majesties highest , and most incommunicable Prerogative . Yet true it is , That albeit His Sacred Majesty did not only bestow on you the said Archibald Earl of Argyle those vast Lands , Jurisdictons and Superiorities justly for faulted to His Majesty by the Crimes of your deceased Father ; preferring your Family to those who had served His Majesty against it , in the late Rebellion , but also pardoned and remitted to you the Crimes of leasing making and misconstruing His Majesties and his Parliaments proceedings against the very Laws above written , whereof you were found guilty , and condemned to die therefore , by the High Court of Parliament , the 25. of August , 1662. And raised you to the Title and Dignity of an Earl , and being a member of all His Majesties Judicatures . Notwithstanding of all these , and many other Favours , you the said Archibald Earl of Argyle , Being put by the Lords of His Majesties Privy-Council to take the Test , appointed by the Act of the last Parliament to be taken by all persons in publik Trust , you , insteed of taking the said Test , and swearing the same in the plain genuine sense and meaning of the words , without any equivocation , mental reservation , or evasion whatsoever , you did declare against , and defame the said Act ; and having , to the end you might corrupt others by your pernicious sense , drawn the same in a Libel , of which Libel you dispersed and gave abroad Copies , whereby ill impressions were given of the King and Parliaments Proceedings at a time especially when his Majesties Subjects were expecting what submission should be given to the said Test ; and being desired the next day to take the same , as one of the Commissioners of His Majesties Treasury , you did give in to the Lords of His Majesties Privy-Council and owned twice , in plain judgment before them , the said defamatory Libel against the said Test and Act of Parliament ; declaring , That you had considered the said ●est , and was desirous to give obedience as far as you could : whereby you clearly insinuated , that you was not able to give full obedience : In the second Article of which Libel you declare , That you were confident the Parliament never intended to impose contradictory Oaths ; thereby to abuse the people with a belief , that the Parliament had been so impious as really and actually to have imposed contradictory Oaths ; and so ridiculous , as to have made an act of Parliament ( which should be most deliberate of all humane Actions ) quite contrary to their own intentions : after which you subsumed contrary to the nature of all Oaths , and to the Acts of Parliament above-cited that every man must explain it for himself , and take it in his own sense ; by which not only that excellent Law , and the Oath therein specified , which is intended to be a Fence to the Government both of Church and State , but all other Oaths and Laws shall be rendered altogether uselesse to the Government . If every man take the Oaths imposed by Law in his own sense , then the Oath imposed is to no purpose : for the Legislator cannot be sure that the Oath imposed by him will bind the takers according to the design and intent for which he appointed it : and the Legislative Power is taken from the Imposers : and setled in the taker of the Oath : And so he is allowed to be the Legislator , which is not only an open and violent depraving of His Majesties Laws and Acts of Parliament , but is likewise a setling of the Legistative Power on private Subjects , who are to take such Oaths . In the third Article of that Paper you declare , That you take the Test in so far only as it is consistent with it self , and the Protestant Religion ; by which you maliciously intimate to the people ; That the said Oath is inconsistent with it self and with the Protestant Religion , which is not only a down-right depraving of the said Act of Parliament , but is likewise a misconstruing of His Majesties and the Parliaments Proceedings , and misrepresenting them to the people in the highest degree , & in the tenderest points they can be concerned ; and implying , that the King and the Parliament have done things inconsistent with the Protestant Religion , for securing of which that Test was particularly intended . In the Fourth Article you do expresly declare , that you mean not by taking the said Test , to bind up your self from wishing and endeavouring any alteration in a lawful way that you shall think fit , for advancing of Church and State ; whereby also it was designed by the said Act of Parliament and Oath , That no man should make any alteration in the Government of Church and State , as it is now established ; and that it is the duty of all good Subjects , in humble and quiet manner , to obey the present Government : Yet you not only declare your self , but by your example you invite others to think themselves ●oosed from that Obligation ; and that it is free for them to make any alteration in either , as they shall think fit , concluding your whole Paper with these words ( And this I understand as a part of my Oath ) ; which is a treasonable invasion upon the Royal Legislative Power as if it were lawful for you to make to your self an Act of Parliament ; since he who can make any part of an Act may make the whole , the Power and Authority in both being the same . Of the which Crimes above-mentioned you the said Archibald Earl of Argyle are Actor , Art and Part ; which being found by the Assize , you ought to be punished with the pains of Death , for faulture and escheat of Lands and Goods , to the terror of others to commit the like hereafter . An Abstract of the several Acts of Parliament upon which the Indictment against the Earl of Argyle was grounded . Concerning Raisers of Rumors betwixt the King and his People , Chap 20. 1. Statutes of King Robert 1. IT is defended and forbidden , That no man be a Conspirator or Inventer of Narrations or Rumors , by the which occasion of discord may arise betwixt the King and his People . And if any such man shall be found , and attainted thereof , incontinent he shall be taken and put in Prison , and there shall be surely keeped up , ay and while the King declare his will anent him . Act 43. of Par. 2. King James 1. March 11. 1424. Leasing-makers for fault Life and Goods . Item , it is ordained by the King and whole Parliament , that all Leasing makers , and tellers of them , which may engender discord betwixt the King and his People , wherever they may be gotten , shall be challenged by them that power has , and tyne Life and Goods to the King. Act 83. Par , 6. James 5. Dec. 10. 1540. Of Leasing-makers . ITem , Touching the Article of Leasing-makers to the Kings Grace , of his Barons , Great-men and Leidges , and for punishment to be put to them therefore , the Kings Grace , with advice of his three Estates , ratifies and approves the Acts and Statutes made thereupon before , and ordains the same to be put in execution in all Points ; and also Statutes and ordains , That if any manner of person makes any evil Information of his Highness to his Barons and Leidges , that they shall be punished in such manner , and by the same punishment as they that make Leasings to his Grace of his Lords , Barons , and Leidges . Act 134. Par. 8 : James 6. May 22. 1584. Anent Slandereres of the King , his Progenitors , Estate and Realm . FOrasmuch as it is understood to our Soveraign Lord , and his Three Estates assembled in this present Parliament , what great harm and inconveniency has fallen in this Realm , chiefly since the beginning of the Civil Troubles occurred in the time of His Highness minority , through the wicked and licentious , publik and private speeches , and untrue Calumnies of divers of his Subjects , to the disdain , contempt and reproach of His Majesty , his Council and Proceedings , and to the dishonour and prejudice of His Highness , his Parents , Progenitors and Estate , stirring up His Highness's Subjects thereby to misliking , sedition , unquietness , and to cast off their due obedience to His Majesty , to their evident peril , tinsil and destruction ; His Highness continuing always in love and clemency toward all his good Subjects , and most willing to seek the safety and preservation of them all , which wilfully , needlesly , and upon plain malice , after His Highness's mercy and pardon oft-times afore granted , has procured themselves , by their treasonable deeds , to be cut off , as corrupt Members of this Commonwealth . Therefore it is statut and ordained by our Soveraign Lord , and his Three Estates in this present Parliament , that none of his Subjects of whatsoever Function , Degree or Quality , in time coming shall presume , or take upon hand , privately or publikly , in Sermons , Declamations , and familiar Conferences , to utter any false , slanderous , or untrue speeches , to the disdain , reproach and contempt of His Majesty , his Council and Proceedings , or to the dishonour , hurt or prejudice of His Highness , his Parents and Progenitors , or to meddle in the Affairs of His Highness , and his Estate present , by-gone , and in time coming , under the pains contained in the Acts of Parliament anent makers and tellers of Leesings , certifying them that shall be tryed contraveeners thereof , or that hear such slanderous speeches , and reports not the same with diligence , the said pain shall be executed against them with all rigour , in example of others . Act 205. Par. 14 King James 6. June 8. 1594. Anent Leasing-makers , and Authors of Slanders . OUr Soveraign Lord , with advice of his Estates in this present Parliament , ratifies , approves , and for His Highness and Successors , perpetually confirms the Act made by his Noble Progenitors , King James the First , of Worthy Memory , against Leasing-makers , the Act made by King James the Second , entituled Against Leasing-makers , and tellers of them ; the Act made by King ▪ James the Fifth , entituled , Of Leasing-makers ; and the Act made by his Highness's self , with advice of his Estates in Parliament ; upon the 22 day of May , 1584. entituled , For the punishment of the Authors of Slanders and untrue Calumnies against the Kings Majesty , his Council and Proceedings , to the dishonour and prejudice of His Highness , his Parents , Progenitors , Crown and Estate ; as also the Act made in His Highness's Parliament holden at Linlithgow , upon the 10 of December , 1585. entituled ▪ Against the Authors of slanderous speeches or Writs ; and statutes and ordains all the said Acts to be published of new , and to be put in execution in time coming , with this addition , That whoever hears the said Leasings , Calumnies or slanderous Speeches or Writs to be made , and apprehends not the Authors thereof , if it lyes in his power , and reveals not the same to His Highness , or one of his Privy-Council or to the Sheriff , Steward or Bayliff of the Shire Stewards in Regality or Royalty , or to the Provost , or any of the Bayliffs within Burgh , by whom the same may come to the knowledg of his Highness , or his said Privy-Council , wherethrough the said Leasing-makers , and Authors of slanderous Speeches may be called , tryed and punished according to the said Acts : The hearer , and not apprehender , [ if it lye in his power ] and concealer , and not revealer of the said Leasing-makers , and Authors of the said slanderous Speeches or Writs , shall incur the like pain and punishment as the Principal Offender . Act 107. Par. 7. King James 1. March 1. 1427. That none interpret the Kings Statutes wrongously . ITem , The King by deliverance of Council , by manner of Statute , forbids , That no man interpret his Statutes otherwise than the Statutes bear , and to the intent and effect that they were made for and as the maker of them understood : and whoso does in the contrary , shall be punished at the Kings will. Act 10. Par 10. King James 6. Dec. 10. 1585. Authors of slanderous Speeches or Writs should be punished to the death . IT is statuted and ordained by our Soveraign Lord and Three Estates , That all his Highness's Subjects content themselves in quietness and dutiful obedience to his Highness and his Authority ; and that none of them presume , or take upon hand publikly to declaim , or privately to speak or write any purpose of reproach or slander of His Majesties Person , Estate or Government , or to deprave his Laws and Acts of Parliament , or misconstrue his Proceedings , whereby any misliking may be moved betwixt his Highness and his Nobility , and loving Subjects in time coming , under the pain of death ; certifying them that do in the contrary they shall be reputed as seditious and wicked instruments , enemies to his Highness and the Commonwealth of this Realm : and the said pain of death shall be executed upon them with all rigour , in example of others . Act for preservation of His Majesties Person , Authority , and Government , May 16●2 . — And further it is by His Majesty and Estates of Parliament declared , statuted and enacted That if any person or persons shall by writing , printing , praying , preaching , libelling , remonstrating , or by any malicious or advised speaking , express , publish or declare any words or sentences , to stir up the people to the hatred or dislike of His Majesties Royal Prerogative and Supremacy , in Causes Ecclesiastical , or of the Government of the Church by Archbishops and Bishops , as it is now setled by Law — That every such person or persons so offending , and being Legally Convicted thereof are hereby declared incapable to enjoy or exercise any place or employment , Civil , Ecclesiastik , or Military , within this Church and Kingdom , and shall be liable to such further pains as are due by the Law in such Cases . Act 130. Par. 8. James 6. May 22. 1584 Anent the Authority of the Three Estates of Parliament . THe Kings Majesty considering the Honour and the Authority of his Supreme Court of Parliament , continued past all memory of man unto their days , as constitut upon the free Votes of the Three Estates of this ancient Kingdom , by whom the same , under God , has ever been upholden , rebellious and traiterous Subjects punished , the good and faithful preserved and maintained , and the Laws and Acts of Parliament ( by which all men are governed ) made and established . And finding the Power , Dignity and Authority , of the said Court of Parliament , of late years , called in some doubt , at least , some curiously travelling to have introduced some Innovation thereanent ; His Majesties firm will and mind always being as it is yet , That the Honour , Authority , and Dignity of his said Three Estates shall stand and continue in their own Integrity , according to the ancient and laudable custom by-gone , without any alteration or diminution : Therefore it is statuted and ordained by our said Soveraign Lord , and his said Three Estates in this present Parliament , That none of his Leidges or Subjects presume , or take upon hand to impugn the Dignity and Authority of the said Three Estates , or to seek or procure the innovation or diminution of the power and Authority of the same Three Estates , or any of them , in time coming , under the pain of Treason . The Earl of Argyle's first Petition for Advocats , or Council to be allovved him . To his Royal Highness , His Majesties High Commissioner , and to the Right Honourable the Lords of His Majesties Privy-Council . The Humble Petition of Archibald Earl of Argyle . SHEWETH , THat your Petitioner being Criminally Indicted before the Lords Commissioners of ustitiary , at the instance of His Majesties Advocate , for Crimes of an high Nature . And whereas in this Case no Advocate will readily plead for the Petitioner , unless they have your Royal Hig●ness's , and ●ordships Special Licence and Warrant to that Effect , which is usual in the like Cases It is therefore humbly desired , that Your Royal Highness , and Lordships , would give special Order and Warrant to Sir George Lockhart ▪ his ordinary Advocate ▪ to cons●lt and plead for him in the foresaid Criminal Process , without incurring ●ny hazard upon that account and your Petitioner shall ever pray . Edenburgh , Novemb. 22. 1681. The Councils Answer to the Earl of Argyl's first Petition , about his having Advocates allowed him . HIS Royal Highness , his Majesties High Commissioner , and Lords of Privy-Council , do refuse the desire of the above-written Bill , but allows any Lawyers the Petitioners shall employ , to consult and plead for him in the Processof Treason , and other Crimes , to be pursued against him at the instance of His Majesties Advocate . Extr. By me , Will. Paterson . The Earl of Argyl's second Petition for Council to be allovved him . To His Royal Highness , His Majesties High Commissioner , and to the Right Honourable the Lords of His Majesties Privy-Council : The humble Petition of Archibald Earl of Argyle . SHEWETH . THat your Petitioner having given in a former Petition , humbly representing , That he being Criminally Indicted before the Lords Commissioners of Justitiary , at the instance of His Majesties Advocate , for Crimes of an high Nature : And therefore desiring that your Royal Highness , and Lordships , would give special Warrant to Sir George Lockhart , to consult and plead for him : Whereupon your Royal Highness , and Lordships , did allow the Petitioner to make use of such Advocates as he should think fit to call . Accordingly your Petitioner having desired Sir George Lockhart to consult and plead for him , he hath as yet refused your Petitioner . And by the 11. Parliament of King James the VI. Cap. 38. As it is the undeniable priviledg of all Subjects , accused for any Crimes , to have liberty to provide themselves of Advocates , to defend their Lives , Honour , and Lands , against whatsoever accusation ; so the same Priviledg is not only by Parliament 11. King James the VI. Cap. 90. farther asserted and confirmed , but also it is declared , That in case the Advocates refuse the Judges are to compel them , lest the party accused should be prejudged : And this being an affair of great importance to your Petitioner , and Sir George Lockhart having been not only still his ordinary Advocate , but also by his constant converse with him is best known to your Petitioners Principles ; and of whose eminent abilities and fidelity your Petitioner ( as many others have ) hath had special proof all along in his Concerns , and hath such singular confidence in him that he is most necessary to your Petitioner at this occasion . May it therefore please Your Royal Highness and Lordships to interpose your Authority , by giving a special Order and Warrant to the said Sir George Lockhart , to consult and plead for him in the said Criminal Process , conform to the tenor of the said Acts of Parliament , and constant known practice in the like Cases , which was never refused to any Subject of the meanest quality , even to the greatest Criminals . And Your Royal Highness's , and Lordships Answer is humbly craved . Edenburgh , Novemb. 24. 1681. The Councils Answer to the Earl of Argyle's second Petition . HIS Royal Highness , His Majesties High Commissioner , and Lords of Privy Council , having considered the foresaid Petition , do adhere to their former Order , allowing Advocates to appear for the Petitioner in the Process foresaid . Extr. By me , Will. Paterson . The Earl of Argyle's Letter of Attorney , constituting Alexander Dunbar his Procurator , for requiring Sir George Lockhart to plead for him . WE Archibald Earl of Argyle do hereby substitute , constitute and ordain Alexander Dunbar , our Servitor , to be our Procurator , to pass and require Sir George Lockhart Advocate to consult , and plead for us in the Criminal Process intended against us , at the instance of His Majesties Advocate ; and to compear with us , before the Lords Commissioners of Justitiary , upon the 12th of December next , conform to an Act of Council , dated the 22d of Novemb. instant , allowing any Lawyers that we should employ , to consult and plead for us in the said Process , and to another Act of Council of the 24th of Novemb. instant , relative to the former , and conform to the Acts of Parliament . In witness whereof , we have Subscribed these Presents , at Edenburgh-Castle , Nov 26. 1681. before these Witnesses , Duncan Campbell Servitor to James Glen Stationer in Edenburgh , and John Thom , Merchant in the said Burgh . ARGYLE . Duncan Campbell , Iohn Thom , Witnesses . An Instrument whereby the Earl of Argyle required Sir George Lockhart to appear and plead for him . Apud Edenburgum vigesimo sexto die Mensis Novembris , Anno Domini millesimo sexcentesimo octuagesimo primo , & Anno Regni Car. 2. Regis trigesimo tertio . THe which day , in presence of Me Notar publik , and Witnesses under-subscribed , compeared personally Alexander Dunbar , Servitor to a Noble Earl , Archibald Earl of Argyle , as Procurator , and in name of the said Earl , conform to a Procuration subscribed by the said Earl at the Castle of Edenburgh , upon the twenty first day of November , 1681. making and constituting the said Alexander Dunbar his Procurator , to the effect under-written ; and past to the personal presence of Sir George Lockhart Advocate , in his own lodging in Edenburgh , having and holding in his hands an Act of his Majesties Privy Council , of the date the 22 of November , 1681. instant , proceeding upon a Petition given in by the said Earl of Argyle , to the said Lords , shewing , That he being Criminally indicted before the Lords Commissioners of Justitiary , at the instance of His Majesties Advocate , for Crimes of an high Nature , and whereas in that case no Advocates would readily plead for the said Earl , unless they had his Royal Highness's , and their Lordships special Licence and Warrant to that effect , which is usual in the like Cases : And by the said Petition humbly supplicated , That his Highness , and the Council would give special Order and Command to the said Sir George Lockhart , the said Earl's ordinary Advocate , to consult and plead for him in the foresaid Criminal Process , without incurring any hazard upon that account . His Royal Highness , and Lords of the said Privy-Council , did refuse the desire of the said Petition but allowed any Lawyers the Petitioner should employ , to consult and plead for him in the Process of Treason , and other Crimes to be pursued against him , at the instance of His Majesties Advocate . And also the said Alexander Dunbar having and holding in his hands another Act of the said Lords of Privy-Council , of the date the 24th of the said moneth , relative to , and nar rating the foresaid first Act , and Proceeding upon another supplication given in by the said Earl , to the said-Lords , craving , That his Royal Highness , and the said Lords , would inter●ose their Authority , by giving a positive and special Order and Warrant to the said Sir George Lockhart , to consult and plead with him in the foresaid Criminal Process , conform to the tenor of the Acts of Parliament mentioned and particularized in the said Petition , and frequent and known practice in the like cases , which was never refused to any Subjects of the meanest quality . His Royal Highness , and Lords of Privy-Council , having considered the foresaid Petition , did by the said Act adhere to their former Order , allowing Advocates to appear for the said Earl in the Process foresaid , as the said Acts bear ; and produced the said Acts and Procuratory foresaid to the said Sir George Lockhart , who took the same in his hands , and read them over successive ; and after reading thereof , the said Alexander Dunbar Procurator , and in name and behalf foresaid , solemnly required the said Sir George Lockhart , as the said Noble Earl's ordinary Advocate , and as a Lawyer and Advocate , upon the said Earl's reasonable expence , to consult and advise the said Earl's said Processe at any time and place the said Sir George should appoint to meet thereupon , conform to the foresaid Two Acts of Council , and Acts of Parliament therein mentioned , appointing Advocates to consult in such matters : Which the said Sir George Lockhart altogether refused : Whereupon the said Alexander Dunbar , as Procurator , and in Name foresaid , asked and took Instruments , one or more , in the hands of me Notary publik undersubscribed . And these things were done within the said Sir George Lockhart's Lodging , on the South side of the Street of Edenburgh , in the Lane-Mercat , within the Dining-room of the said Lodging , betwixt Four and Five hours in the Afternoon , Day , Moneth , Year , Place , and of His Majesties Reign , respective foresaid , before Robert Dicksone , and John Lesly , Servitors to John Campbell , Writer to His Majesties Signet , and Do●gall Ma● . Alester , Messenger in Edenburgh , with divers others , called and required to the Premisses Ita esse Ego Johannes Broun , Notarius publicui , in Praemissis requisitus , Attestor Testantibus his meis signe & subscriptione manualibus solitis & consuetis . Broun . Witnesses . Robert Dicksone , Dowgall , Mac. Alester , Iohn Lesly , Decemb. 5. 1682. The Opinion of divers Lawyers concerning the Case of the Earl of Argyle . WE have considered the Criminal Letters , raised at the instance of His Majesties Advocate , against the Earl of Argyle , with the Acts of Parliament contained and narrated in the same Criminal Letters , and have compared the same with a Paper , or Explication , which is libelled to have been given in by the Earl to the Lords of His Majesties Privy-Council , and owned by him , as the sense and explication in which he did take the Oath imposed by the late Act of Parliament . Which Paper is of this tenor : I have considered the Test ; and am very desirous to give obedience as far as I can , &c. And having likewise considered that the Earl after he had taken the Oath with the explication and sense then put upon it , it was acquiesced to by the Lords of Privy-Council , and he allowed to take his Place , and to sit and vote . And that , before the Earl's taking of the Oath , there were several Papers spread abroad , containing Objections , and alledging inconsistencies and contradictions in the Oath , and some thereof were presented by Synods and Presbyteries of the Orthodox Clergy , to some of the Bishops of the Church . It is our humble Opinion , that seeing the Earls design and meaning in offering the said Explication was allenarly for the clearing of his own Conscience , and upon no factious or seditious design ; and that the matter and import of the said Paper is no contradiction of the Laws and Acts of Parliament , It doth not at all import any of the Crimes libelled against him , viz. Treason , Leasing-making depraving of His Majesties Laws , or the Crime of Perjury ; but that the Glosses and Inferences put by the Libel upon the said Paper are altogether strained and unwarrantable , and inconsistent with the Earle true design , and the sincerity of his meaning and intention , in making of the said Explication . Wednesday the 12. of December , the day of compearance assigned to the Earl , being novv come , he was brought by a guard of Souldiers from the Castle to the place appointed for the trial , and the justice Court being met and fenced , the Earl , now Marques , of Queensberry , then Justice General , the Lords Nairn , Collingtoun , Forret , Newtoun and Hirkhouse , the Lords of Justitiary sitting in judgment , and the other formalities also performed , the indictment above set down Num 24. was read , and the Earl spoke as followes . The Earl of Argyle's Speech to the Lord Justice General , and the Lords of the Justitiary , after he had been arraigned , and his Indictment read . My Lord Iustice General , &c. I Look upon it as the undeniable priviledg of the meanest Subject to explain his own words in the most benign sense : and even when persons are under an ill Character , the misconstruction of words in themselves not ill can only reach a presumption or aggravation but not any more . But it is strange to alledg , as well as , I hope , impossible , to make any that know me believe , that I could intend any thing but what was honest and honourable , suitable to the Principles of my Religion and Loyalty , tho I did not explain my self at all . My Lord , I pray you be not offended that I take up a little of your time , to tell you , I have from my Youth made it my business to serve His Majesty faithfully , and have constantly , to my power , appeared in his Service ; especially in all times of difficulty , and have never joyned , nor complyed with any Interest or Party , contrary to His Majesties Authority , and have all along served him in his own way , without a frown from His Majesty these Thirty years . As soon as I passed the Schools and Colledges , I went to travel to France and Italy , and was abroad 1647 , 1648 , and till the end of 1649. My first appearance in the world was to serve His Majesty as Collonel of his Foot-Guards . And tho at that time all the Commissions were given by the then Parliament , yet I would not serve without a Commission from His Majesty , which I have still the Honour to have by me . After the misfortune of Worcester , I continued in Arms for His Majesties Service , when Scotland was over-run with the Usurpers , and was alone with some of my Friends in Arms in the Year 1652. and did then keep up some appearance of opposition to them : And General Major Dean coming to Argyleshire , and planting several Garisons he no sooner went away but we fell upon the Garisons he had left , and in one day took two of them , and cut off a considerable part of a third , and carried away in all about Three hundred Prisoners : And in the end of that year , I sent Captain Shaw to His Majesty , with my humble Opinion , how the War might be carried on ; who returned to me with Instructions and Orders which I have yet lying by me . After which , I joyned with those His Majesty did Commissionate , and stood out till the last , that the Earl of Middleton , His Majesties Lieutenant General , gave me Orders to capitulate , vvhich I did vvithout any other Engagements to the Rebels but allovving persons to give bale for my living peaceably : and did a● my capitulating relieve several Prisoners by exchange , vvhereof my Lord Granard , out of the Castle of Edenburgh , vvas one . It is notarly knovvn , that I vvas forefaulted by the Usurpers , vvho vvere so jealous of me that , contrary to their Faith , vvithin Eight Moneths after my Capitulation , upon pretence I keep'd Horses above the value , they seased on me , and keeped me in one Prison after another , till His Majesties happy Restauration , and this only because I vvould not engage not to serve His Majesty , tho there vvas no Oath required . I do with all gratitude acknowledg His Majesties Goodness , Bounty and Royal Favours to me , when I was pursued before the Parliament in the Year 1662. His Majesty was graciously pleased not to send me here in any opprobrious way , but upon a bare verbal Paroll . Upon which I came down poste , and presented my self a Fourthnight before the day . Notwithstanding whereof I was immediately clapt up in the Castle , but having satisfied His Majesty , at that time , of my entire Loyalty , I did not offer to plead by Advocates . And His Majesty was not only pleased to pardon my Life , and to restore me to a Title and Fortune , but to put me in trust in his Service , in the most eminent Judicatories of this Kingdom , and to heap Favours upon me , far beyond what ever I did or can deserve : tho I hope His Majesty hath always found me faithful and thankful , and ready to bestow all I have , or can have , for his Service . And I hope never hath had nor ever shall have ground to repent any Favour he hath done me . And if I were now really guilty of the Crimes libelled , I should think my self a great Villain . The next occasion I had to shew my particular zeal to His Majesties Service was in Anno 1666. when the insurrection was made that was represt at Pentland-Hills . At the very first , the intercourse betwixt this place and me was stopt , so that I had neither Intelligence nor Orders from the Council , nor from the General ; but upon a Letter from the now Archbishop of St. Andrews , telling me there was a Rebellion like to be in the three Kingdoms , and bidding me beware of Ireland and Kintyre , I brought together about Two thousand men : I seased all the Gentlemen in Kintyre that had not taken the Declaration , tho I found them peaceable . And I sent a Gentleman to General Dalziel , to receive his Orders , who came to him just as they were going to the Action at Pentland , and vvas with him in it ; and I keept my Men together till his return . And when I met with considerable trouble from my Neighbours , rebelliously in Arms , and had Commissions both on publik , and private Accounts , have I not carried dutifully to His Majesty , and done what was commanded with a just moderation , which I can prove under the hands of my enemies , and by many infallible demonstrations ? Pardon me a few words : Did I not in this present Parliament shew my readiness to serve His Majesty and the Royal Family , in asserting vigorously ●●e lineal legal Succession of the Crown , and had a care to have it exprest in the Commissions of the Shires and Burghs I had interest in ? Was I not for offering proper Supplies to His Majesty and his Successor ? And did I not concur to bind the Landlords for their Tenants , altho I was mainly concerned ? And have I not always keept my Tenants in obedience to His Majesty ? I say all this , not to arrogate any thing for doing what was my Honour and Duty to His Majesty ; but if after all this , upon no other ground but words that were spoken in absolute innocence , and without the least design , except for clearing my own Conscience , and that are not capable of the ill sense wrested from them by the Libel , I should be further troubled , what assurance can any of the greatest Quality , Trust , or Innocence , have that they are secure ? especially considering , that so many Scruples have been started , as all know , not only by many of the Orthodox Clergy , but by whole Presbyteries , Synods , and some Bishops , which were thought so considerable , that an eminent Bishop took the pains to write a Treatise , that was read over in Council , and allovved to be Printed , and a Copy given to me , vvhich contains all the expressions I am charged for , and many more that may be stretched to a vvorse sense . Have I not shewed my zeal to all the ends of the Test ? How then can it be imagined that I have any sinister design in any thing that I have said ? If I had done any thing contrary to it all the course of my life , which I hope shall not be found , yet one act might pretend to be excused by a habit . But nothing being questioned but the sense of words misconstrued to the greatest height , and stretched to imaginary insinuations , quite contrary to my scope and design , and so far contrary , not only to my sense , but my principles , Interest , and duty , That I hope my Lord Advocate will think he hath gone too far on in this Process , and say plainly what he knows to be truth by his acquaintance with me , both in publik and private ; viz. That I am neither Papist nor Fanatik , but truly loyal in my principles and practices . The hearing of this Libel would trouble me beyond most of the sufferings of my Life if my innocence did not support me , and the hopes of being vindicated of this and other Calumnies before this publik and Noble Auditory . I leave my Defences to these Gentlemen that plead for me , they know my innocence , and how groundless that Libel is . I shall only say , As my Life hath most of it been spent in serving and suffering for his Majesty , so whatever be the event of this Process , I resolve , while I breath , to be loyal and faithful to His Majesty . And whether I live publikly or in obscurity , my head , my heart nor my hand , shall never be wanting where I can be useful to His Majesties Service . And while I live , and when I die , I shall pray , That God Almighty would bless His Majesty with a long , happy , and prosperous Reign ; and that the lineal legal successors of the Crown may continue Monarchs of all His Majesties Dominions , and be Defenders of the True Primitive , Christian , Apostolik , Catholik , Protestant Religion , while Sun and Moon endure . God save the King. The Kings own Letter to this Nobleman when he was Lord Lorn . Collogne , December 20. 1654. My Lord Lorn , I Am very glad to hear from Middleton , what affection and zeal you show to my Service , how constantly you adhere to him in all his distresses , and what good Service you have performed upon the Rebels . I assure you , you shall find me very just , and kind to you , in rewarding what you have done and suffered for me ; and I hope you will have more Credit and Power with those of your Kindred , and Dependants upon your Family , to engage them with you for me , than any body else can have to seduce them against me ; and I shall look upon all those who shall refuse to follow you as unworthy of any protection hereafter from me , which you will let them know . This honest Bearer , M — will form you of my Condition and Purposes , to vvhom you will give Credit ; and he will tell you , That I am very much . Your very affectionate Friend , C. R. General Middleton's Order to the Earl of Argyle , who vvas then Lord Lorn , for capitulating vvith the English , vvherein he largely expresseth his Worth and Loyalty . John Middleton , Lieutenant General , next and immediate under His Majesty , and Commander in chief of all the Forces raised , and to be raised , vvithin the King of Scotland . SEeing the Lord Lorn hath given so singular proofs of clear and perfect Loalty to the Kings Majesty , and of pure and constant affection to the good of His Majesties Affairs , as never hitherto to have any ways complyed with the Enemy , and to have been principally instrumental in the enlivening of this late War , and one of the chief and first movers in it , and hath readily , chearfully , and gallantly engaged , and resolutly and constantly continued active in it , notwithstanding the many powerful disswasions , discouragements , and oppositions he hath met withal from divers hands , and hath in the carrying on of the Service shown such signal Fidelity , Integrity , Generosity , Prudence , Courage , and Conduct , and such high Vertue , Industry , and Ability , as are suitable to the Dignity of his Noble Family , and the Trust His Majesty reposed in him ; and hath not only stood out against all temptations and enticements , but hath most nobly crossed and repressed designs and attempts of deserting the Service , and persisted loyally and firmly in it to the very last , through excessive ●oil and many great difficulties , misregarding all personal inconveniences , and chusing the loss of Friends , Fortune , and all private Concernments , and to endure the utmost extremities , rather than to swerve in the least from his Duty ; or taint his Reputation with the meanest shadow of disloyalty and dishonour . I do therefore hereby testify and declare , That I am perfectly satisfied with his whole Deportments , in relation to the Enemy , and this late War ; and do highly approve them , as being not only above all I can express of their worth , but almost beyond all parallel . And I do withall hereby both allow , and most earnestly desire , and wish him , to lose no time in taking such course for his safety and preservation by Treaty & Agreement , or Capitulation , as he shall judg most fit and expedient for the good of his Person , Family , and Estate , since inevitable and invincible necessity hath forced us to lay aside this War. And I can now no other way express my respects to him , nor contribute my endeavour to do him Honour and Service . In testimony whereof I have signed and sealed these Presents at Dunveagave , the last day of March , 1655. IOHN MIDDLETON . Another Letter from the Earl of Middleton , to the same purpose . Paris , April 17. 1655. My Noble Lord , I Am hopeful , that the Bearer of this Letter will be found one who has been a most faithful Servant to your Lordship , and my kind Friend , and a sharer in my Troubles . Indeed I have been strengthned by him to support and overcome many difficulties . He will acquaint you with what hath past , which truly was strange to both of us , but your own Re-encounters will lessen them . My Lord , I shall be faithful in giving you that Character which your Worth and Merit may justly challenge . I profess it is , next to the ruine of the Service , one of my chiefest Regrets that I could not possibly wait upon you before my going from Scotland , that I might have setled a way of Correspondence with you , and that your Lordship might have understood me better than yet you do ; I should have been plain in every thing , and indeed have made your Lordship my Confessor : and I am hopeful the Bearer will say somewhat for me , and I doubt not but your Lordship will trust him . If it shall please God to bring me safe from beyond Sea , your Lordship shall hear from me by a sure hand Sir Ro M. will tell you a way of corresponding . So that I shall say no more at present , but that I am without possibility of change , My Noble Lord , Your Lordships most Faithful , and most Humble Servant , JO. MIDDLETON . A Letter from the Earl of Glencairn , testifying his esteem for this Noble Person ; and the sense he had of his loyalty to the King , vvhen fevv had the Courage to ovvn him My Lord , LEst it may be my misfortune , in all these great Revolutions , to be misrepresented to your Lordship , as a person unworthy of your favourable Opinion ( an Artifice very frequent in these times ) I did take occasion to call for a Friend and Servant of yours , the Laird of Spanie , on whose discretion I did adventure to lay forth my hearts desire , to obviate in the bud any of these misunderstandings . Your Lordships true worth and zeal to your Countries happiness , being so well known to me 〈◊〉 and confirmed by our late suffering acquaintance : And now finding how much it may conduce to these great ends we all wish that a perfect Unity may be amongst all good and honest - hearted Scotchmen , tho there be few more insignificant than my self ; yet my zeal for those ends obligesme to say , that if your Lordships health and affairs could have permitted you to have been at Edenburgh in these late times , you would have seen a great inclination and desire amongst all here of a perfect Unity , and of a mutual respect to your Person , as of chief eminence and worth . And I here shall set it under my Hand , to witness against all my Informers , that none did with more passion , nor shall with more continued zeal , witness themselves to be true Honourers of you than he who desires infinitely to be esteemed . My Lord , Your most Humble Servant , GLENCAIRN . What I cannot vvell vvrit e I hope this discreet Gentleman vvill tell you in my Name : and I shall only beg leave to say , that I am your most Noble Ladies Humble Servant . After the reading of which order and letters , which yet the Court refused to record , The Earl's Advocator Council Sir George Lockhart said in his defence as follovves . Sir George Lockhart's Argument and Plea for the Earl of Argyle . SIR George Lockhart for the Earl of Argyle alledgeth , That the Libel is not Relevant , and whereupon he ought to be put to the knowledg of an Inquest . For , It is alledged in the general , That all Criminal Libels , whereupon any persons Life , Estate , and Reputation , can be drawn in question , should be founded upon clear , positive , and express Acts of Parliament , and the matter of Fact , which is libelled to be the Contravention of those Laws , should be plain , clear , and direct Contraventions of the same , and not argued by way of Implications and Inferences . Whereas in this Case , neither the Acts of Parliament , founded upon , and libelled , can be in the least the foundation of this Libel : nor is the Explication which is pretended to be made by the Pannel at the time of the taking of his Oath ( if considered , ) any Contravention of those Laws ; which being premised , and the Pannel denying the Libel , as to the whole Articles and Points therein contained ; it is alledged in special : That the Libel , in so far as it is founded upon the 21 st Chap. Stat. 1. Robert 1. and upon 83d Act ; Par. 〈◊〉 James 5. the 43d Act , Par. 2. James 1. and upon the 83d Act , Par. 10. James 5. and upon 84th Act , Par. 8. James 6. and upon the 10th Act , Par. 10. James 6. and upon the 2d Act , Par. 1. Ses. 2. of His Sacred Majesty ; and inferring thereupon , That the Pannel , by the pretended Explication given in by him to the Lords of His Majesties Privy-Council , as the sense of the Oath he had taken , doth commit the Crime of Leasing-making , and depraving . His Majesties Laws : The Inference and Subsumption is most unwarrantable , and the Pannel , tho any such thing were acknowledged or proved , can never be found guilty of contraveening these Acts of Parliament . In respect it is evident , upon perusal and consideration of these Acts of Parliament , that they only concern the case of Leasing-making , tending to Sedition , and to beget Discord betwixt His Majesty and His Subjects , and the dislike of His Majesties Government , and the reproach of the same . And the said Laws and Acts of Parliament were never understood or libelled upon , in any other Sense . And all the former Acts of Parliament , which relate to the crime of Leasing-making in general terms , and under the qualification foresaid , as tending to beget discord betwixt His Majesty and his Subjects , are explained and fully declared , as to what is the true meaning and import thereof , by the 134th Act , Par. 8. James 6. which relates to the same Crime of Leasing-making and which is expresly described in these terms , To be wicked and licentious , publik and private Speeches , and untrue Calumnies to the disdain and contempt of His Majesties Council and Proceedings , and to the dishonour and prejudice of his Highness and his Estate , stirring up his Highness's Subjects to misliking , and Sedition , and unquietness which being the true sense and import of the Acts of Parliament made against Leasing-makers , there is nothing can be inferred from the Pannel's alledged Explic●tion , which can be wrested or construed to be a Contravention of these Laws : In respect , First It is known by the whole tenor of his Life , and graciously acknowledged by His Sacred Majesty , by a Letter under His Royal Hand , that the Pannel did ever most zealously , vigotously , and faithfully promote and carry on His Majesties Service and Interest , even in the worst and most difficult times : Which is also ackowledged by a Pals under the Earl of Middleton's hand , who had then a special Commission from His Majesty , for carrying on His Majesties Service in this Kingdom , as Lieutenant General under His Majesty ; and by a Letter under the Earl's hand , of the date — both which do contain high expressions of the Pannels Loyalty , and of the great Services he had performed for His Majesties Interest . And His Majesty , as being conscious thereof , and perfectly knowing the Pannels Loyalty , and his zeal , and faithfulness for his Service , did think fit to entrust the Pannel in Offices and Capacities of the greatest trust of the Kingdom . And it is a just and rational presumption , which all Law makes and infers . That the words and expressions of persons , who by the tenor and course of their Lives have expressed their Duty and Loyalty to His Majesties Interest , are ever to be interpreted and understood in meliorem partem . And by way of Implication and Inference , to conclud and infer crimes from the same , which the user of such words and expressions never mean'd nor designed , is both unreasonable and unjust . 2. As the foresaid Acts of Parliament made against Leasing-makers , and depravers of His Majesties Laws , only proceed in the terms foresaid , where the words and speeches are plain , tending to beget discord between the King and his Subjects , and to the reproach and dislike of his Government , and when the same are spoke and vented in a subdolous , pernicious , and fraudulent manner : So they never were , nor can be understood to proceed in the case of a person offering in the presence of a publik udicature ( whereof he had the honour to be a Member ) his sincere and plain meaning and apprehension of what he conceived to be the true sense of the Act of Parliament im●osing and enjoyning the Test : There being nothing more opposite to the Acts of Parliamen● made against Leasing-making , and venting and spreading abroad the same upon seditious designs , than the foresaid plain and open declaration of his sense and apprehension , what was the meaning of the said Act of Parliament . And it is of no import to inter any crime and much less any of the crimes libelled , albeit the Pannel had erred and mistaken in his apprehension of the Act of Parliament . And it were a strange extention of the Act of Parliament made against Leasing makers , requiring the qualifications foresaid & the Acts against depraving His Majesties Laws , to make the Pannel , or any other person guilty upon the mistakes and misapprehensions of the sense of the ●aws , wherein men may mistake and differ very much , and even eminent Lawyers and Judges . So that the Acts of Parliament against Leasing-making , and depraving His Majesties Lavvs , can only be understood in the express terms and qualifications ●oresaid . Like as it neither is libelled , nor can be proven , that the Pannel , before he was called and required by the Lords of His Majesties Privy-council to take the Oath , did ever , by word or practice , use any reproachful speeches of the said Act of Parliament , or of His Majest●es Government : But being required to take the Oath , he did humbly , with all submission declare what he apprehended to be the sense of the Act of the Parliament , enjoyning the Test , and in what sense he had freedom to take the same . 3. The Act of Parliament enjoyning the Test does not enjoyn the same to be taken by all persons whatsoever , but only prescribes it as a qualification without which persons could not assume or continue to act in publik Trust : Which bein an Oath to be taken by so solemn an invocation of the Name of Almighty God , it is not only allowable by the Lavvs and customs of all Nations , and the Opinion of all Divines , ad Casuists , Popish or Protestant , but also commended , that where a Party has any scrupulosity , or unclearness in his conscience , as to the matter of the Oath , that he should exhibit and declare the sense and meaning in which he is willing and able to take the Oath . And it is not at all material whether the scruples of a mans conscience , in the matter of an Oath , be in themselves just or groundless , it being a certain maxime , both in Law and Divinity , that Conscientia etiam erronea ligat : And therefore tho the Pannel had thought fit , for the clearing and exoneration of his own conscience , in a matter of the highest concern as to his peace and repose , to have exprest and declared t e express sense in which he could take the Oath , whether the said sense was consistent with the Act of Parliament or not , yet it does not in the least import any matter of reproach or reflection upon the justice or prudence of the Parliament in imposing the said Oath : but alenarly does evince the weakness and scrupulosity of a mans conscience , who neither did , nor ought to have taken the Oath but with an explanation that would have saved his conscience to his apprehension . Otherwise he had grosly sinned before God , even tho it was Conscientia errans . And this is allowed and prescribed by all Protestant Divines , as indispensibly necessary and was never thought to import any crime , and is also commended even by Popish Casuists themselves , who tho they allow , in some cases , of mental reservations and equivocations , yet the express declaration of the sense o the party is allowed and commended , as much more ingenuous ▪ and tutius Remedium Conscientiae ne illaqueetur , as appears by Bellarmine de Iuramento , and upon the same Title de Interpretatione Iuramenti ; and Lessius , that famous Casuist , de Iustitia & Iure , Dubitatione 8 , 9. utrum siquis salvo animo aliquid Iuramento promittat obligetur , & quale peccatum hoc sit . And which is the general opinion of all Casuists , and all Divines , as may appear by Amesius , in his Treatise de Conscientia , Sanderson de Iuramento , Praelectione secunda . And such an express Declaration of the sense and meaning of any party , when required to take an Oath , for no other end but for the clearing and exoneration of his own Conscience , was never in the opinion of any Lawyer , or any Divine , construed to be the Crime of Leasing-making , or of defamatory Libels , or depraving of publik Laws , or reproaching or misconstruing of the Government : but on the contrary , by the universal suffrage of all Protestant Divines , there is expresly required , in Cases of a scrupulous Conscience , an abhorrence and detestation of all reserved senses , and of all Amphibologies and Equivocations , which are in themselves unlawful and reprobate , upon that unanswerable Reason , that Juramentum being the highest Act of Devotion and Religion in eo requiritur maxima simplicitas ; and that a party is obliged , who has any scruples of Conscience , publikly and openly to clear and declare the same . 4. Albeit it is not controverted , but that a Legislator , imposing an Oath , or any publik Authority , before whom the Oath is taken , may , after hearing of the Sense and Explication which a person is willing to put upon it , either reject or accept of the same , if it be conceived not to be consistent with the genuine sense of the Oath : Yet tho it were rejected , it was never heard of or pretended , that the offering of a sense does import a crime , but that notwithstanding thereof , Habetur pro Recusante , and as if he had not taken the Oath , and to be liable to the certification of Law , as if he had been a Refuser . 5. The Pannel having publikly , and openly declared the sense in which he was free to take the Oath , it is offered to be proved that he was allowed , and did accordingly proceed to the taking of the Oath , and did thereafter take his place , and sit and vote , during that Sederunt of Privy ▪ Council . So as the pretended Sense and Explication , which he did then emit and give , can import no Crime against him . 6. It is also offered to be proved , that before the Pannel was required to take the Oath , or did appear before his Royal Highness , and Lords of Privy-Council , to take the same , there were a great many Papers spread abroad from persons , and Ministers of the Orthodox Clergy ; and as the Pannel is informed some thereof presented to the Bishops of the Church , in the name of Synods and Presbyteries which did , in downright terms , charge the Test and Oath withalledged contradictions and inconsistencies . And for satisfaction whereof some of the Learned and Reverend Bishops of the Church did write a learned and satisfying Answer , called A Vindication of the Test , for clearing the Scruples , Difficulties and mistakes that were objected against it . And which Vindication and Answer was exhibited , and read before the Lords of His Majesties Privy-Council , and allowed to be printed : And from which the Pannel argues . 1. That it neither is , nor can be pretended in this Libel , that the alledged Explication , wherein he did take the Oath , does propose the scruples of his Conscience in these terms , which were proposed by the Authors of these Objections which do flatly and positively assert , that the Oath and Test do contain matters of inconsistency and contradiction , whereas all that is pretended in this Libel , with the most absolute violence can be put upon the words , is arguing Implications and Inferences , which neither the words are capable to bear , nor the sincerity of the Earls intention and design , nor the course of his by - past Life can possibly admit of . And yet none of the persons who were the Authors of such Papers were ever judged or reputed Criminal or Guilty , and to be prosecuted for the odious and infamous Crimes libelled , of Treason , Leasing-making , Prejury , and the like . 2. The Pannel does also argue from the said matter of Fact , that the alledged Explication libelled can neither in his intention and design , nor in the words , infer or import any Crime against him , because , before his being required , or appearing to take the Oath , there were spread abroad such Scruples and Objections , by some of the Orthodox Clergy and others : So that the Earl can never in any sense be construed in his Explication wherein he took the Oath , to have done it animo infamandi , and to declaim against the Government : For the Scruples and Objections that were spread abroad by others were a fair and rational occasion why the Earl in any sense or explication which he offered might have said that he was confident the Parliament never intended to impose contradictory Oaths ; and this is so far from importing the insinuation and inference made by the Libel , that thereby the Parliament were so impious as to impose contradictory Oaths , as on the contrary , considering the Circumstances forementioned , that there were Papers spread abroad , insinuating . That there were inconsiltencies and contradictions contained therein , the said expression was an high Vindication of the Honour and Justice of the Parliament , against the Calumnies and Mis-representations which were cast upon it , and was also a just Rise for the Pannel , for the clearing and exonoration of his own Conscience , in the various senses and apprehensions which he found were going abroad as to the said Test , humbly to offer his sense , in which he was clear and satisfied to take the Oath . 7. To the Libel in so far as it is founded upon the Act of Parliament , viz. Act 130 Par. 8 James 6 declaring . That none should presume to impugn the Dignity or Authority of the Three Estates of Parliament or procure any invasion or diminution thereof , under the pain of Treason ; as also in so far as it is pretended in the Libel . That the Pannel by offering the Sense and Explication libelled , has assumed the Legislative Power , which is incommunicable , and has made a Law , or a part of a Law. It is answered . The Libel is most groundless and irrelevant , and against which the Act of Parliament is opponed , which is so plain and evident upon the reading thereof , that it neither is nor can be subject to the least cavillation : And the plain meaning whereof is nothing else but to impugn the Authority of Parliaments , as if the King and Parliament had not a Legislative Power or were not the highest Representative of the Kingdom ; or that any of the Three Estates were not essentially requisit to constitut the Parliament . And besides there is nothing more certain , than that the occasion of the said Act its being made was in relation to the Bishops and Clergy : And there is nothing in the pretended Explanation that can be wrested to import the least Contravention of the said Act , or to be an impugning of the Three Estates of Parliament , or a seeking any innovation therein . And it is admired , with what shadow of Reason it can be pretended , That the Pannel has assumed a Legislative Power , or made a part of a Law , seeing all that is contained in the alledged Explication libelled is only a Declaration of the Earl's sense in which he was satisfied to take the Oath , and so respected none but himself , and for the clearing of his own Conscience , which justly indeed the Word of God calls a Law to himself , without any incroaching upon the Legislative Power . And where was it ever debated , but that a man in the taking of an Oath , if as to his apprehensions he thought any thing in it deserved to be cleared , might declare the same , or that his exhibiting , at the time of the taking of the Oath , his sense and explication wherein he did take it , was ever reputed or pretended to be the assuming of a Legislative Power , it being the universal practice of all Nations to allow this liberty ; and which sense may be either rejected or accepted , as the Legislator shall think fit , importing no more but a Parties private sense● for the exoneration of his own Conscience ? And as to that Member of the Libel founded upon Act 19. Par. 3. Queen Mary , it contains nothing but a Declaration of the pain of ●erjury , and there is nothing in the Explication libelled , which can in the least be inferred as a Contravention of the said Act , in respect if it should be proved . That the Pannel , at the time of the taking of the Oath did take it in the words of the said Explication , as his sense of the Oath , it is clear that the sense being declared at the time of taking the Oath , and allowed as the sense wherein it was taken the Pannel can only be understood to have taken it in that sense . And although publik Authority may consider whether the sense given by the Pannel does satisfie the Law or , not yet that can import no more though it was found not to satisfie , but to hold the Pannel as a Refuser of the Oath : but it is absolutely impossible to infer the Crimes of Perjury upon it , being as is pretended by the Libel the Pannel did only take it with the Declaration of the Sense and Explication libelled . 8. As the Explication libelled does not at all import all , or any of the Crimes contained in the said Libel , so by the common Principles of all Law , where a person does emit words for the clearing and exoneration of his own Conscience , altho there were any ambiguity , or unclearness , or involvedness in the tenor or import of the expressions or words , yet they are ever to be interpreted , Interpretatione benigna & favorab ili according to the general Principles of Law and Reason . And it never was , nor can be refused to any person to interpret and put a congruous sense upon his own words , especially the Pannel being a person of eminent Quality , and who hath given great demonstration , and undeniable evidences of his fixt and unalterable Loyalty to His Majesties Interest and Service , and , at the time of emiting the said Explication , was invested and entrusted in publik Capacites . And it is a just and rational interpretation and caution which Sanderson , that judicious and eminent Casuist , gives , Praelect : 2. That dicta & facta principum , parentum , rectorum , are ever to be looked upon as benignae Interpretationis , and that Dubia sunt interpretanda in meliorem partem . And there is nothing in the Explication libelled which , without detortion and violence , and in the true sense and design of the Pannel , is not capable of this benign Interpretation and construction , especially respect being had to the Circumstances wherein it was emitted and given , after a great many Objections , Scruples , and alledged Inconsistencies , were owned , vented and spread abroad , which was a rise to the Earl for using the expressions contained in the pretended Declaration libelled . 10. These words whereby it is pretended the Pannel declares , he was ready to give obedience as far as he could , first , do not in the least import That the Parliament had imposed any Oath which was in it self unlawful : but only the Pannel's scrupulosity and unclearness in matter of Conscience . And it is hoped it cannot be a Crime , because all men cannot go the same length . And if any such thing were argued it might be argued ten times more strongly from a simple refusing of the Oath , as if any thing were enjoyned which were so hard that it is not possible to comply with it : And yet such Implications are most irrational and inconsequential , and neither in the case of a simple and absolute refusing or the Oath , nor in the case of an Explication of the parties sense wherein he is willing to take the Oath , is there any impeachment of the Justice and prudence of the Legislator , who imposeth this Oath , but singly a declaration of the scrupulosity and weakness of the party , why he cannot take the Oath in other terms : and such Explications have been allowed by the Laws and Customs of all Nations , and are advised by all Divines , of whatsoever Principles , for the solace and security of a Man's Conscience . 2. As to that point of the Explication libelled , That I am confident the Parliament never intended to impose contradictory Oaths ; it respects the former answer , which , considering the plain and down right Objections which were spread abroad , and made against the Oath , as containing inconsistencies and contradictions , was an high Vindication of the Justice and Prudence of the Parliament . 3. As to these words , And therefore I think no body can explain it but for himself . The plain and clear meaning is nothing else but that the Oath being imposed by Act of Parliament it was of no private interpretation ; And that therefore every man who was to take it behooved to take it in that sense which he apprehended to be the genuine sense of the Parliament . And it is impossible , without impugning common sense , that any man could take it in any other sense , it being as impossible to see with another mans eyes as to see with his private Reason . And a mans own private sense and apprehension of the genuine sense was the only proper way wherein any man could rationally take the Oath . And as to these words , That he takes it as far as it is consistent with it self and the Protestant Religion . The Pannel neither intended nor exprest more , but that he did take it as a true Protestant , and he hopes all men have taken it as such . And as to that Clause , Wherein the Pannel is made to declare , That he does not bind up himself in his station , in a lawful way , to wish and endeavour any alteration he thinks to the advantage of Church or State , not repugnant to the Protestant Religion and his Loyalty . It is answered , There is nothing in this expression that can import the least Crime , or give the least umbrage for any Mistake , For , 1. It is most certain , it is impossible to elicite any such thing from the Oath , but that it was the intention of the Parliament , That persons , notwithstanding of the Oath , might concur in their stations , and in a lawful way , in any Law to the advantage of Church and State. And no rational man ever did , or can take the Oath in other terms , that being contrary to his Allegiance and Duty to His Sacred Majesty and Prince . 2. There is nothing in the said Expression which does in the least point at any alteration in the Fundamentals of Government , either in Church or State ; but on the contrary , by the plain and clear words and meaning , rather for its perpetuity , stability and security . The Expression being cautioned to the utmost scrupulosity , as that it was to be done in a lawful manner ; that it was to be to the advantage of Church or State ; that it was to be consistent with the Protestant Religion , and with his Loyalty , which was no other but the duty and Loyalty of all faithful Subjects ; and which he has signally and eminently expressed upon all occasions . So that how such an expression can be drawn to import all or any of the Crimes libelled passeth all Natural Understanding . And as to the last words , And this I understand as a part of my Oath , which is libelled to be a treasonable Invasion , and assuming of the Legislative Power . It is answered , It is most unwarrantable ; and a Parties declaring the sense and meaning in which he was free to take an Oath does not at all respect or invade the Legislative Power , of which the Pannel never entertained a thought , but has an absolute abhorrence and detestation of such practices . But the plain and clear meaning is , That the Sense and Explication was a part of his Oath , and not of the Law imposing the Oath these being as distant as the Two Poles : and which Sense was taken off the Earl's Hands and he accordingly was allowed to take his Place at the Council-Board , and therefore repeats the former general Defences . And to convince the Lords of Justitiary , that there is nothing in the pretended Explication libelled which can be drawn to import any Crime , even of the lowest size and degree , and that there is no expression therein contained that can be detorted or wrested to import the same , is evident from that learned Vindication published and spread abroad by an eminent Bishop , and which was read in the face of the Privy-Council and does contain expressions of the same nature ; and to the same import contained in the pretended Explication libelled as the ground of this Indictment libelled against the Pannel . And it is positively offered to be proven , That these terms were given in , and read , and allowed to be Printed , and ( without taking notice of the whole tenor of the said Vindication , which the Lords of Justiciary are humbly desired to peruse , and consider , and compare the same with the Explication libelled ) the same acknowledgeth , that Scruples had been raised and spread abroad against the Oath ; and also acknowledgeth , that there were Expressions therein that were dark and obscure ; and likewise takes notice , that the Confession ratified Par. 1 James 6. to which the Oath relates , was hastily made , and takes notice of that Authority that made it , and acknowledges in plain terms , that the Oath does not hinder any regular endeavour to regulate or better the Establisht Government ; but only prohibits irregular endeavours and attempts to invert the substance or body of the Government ; and does likewise explain the Act of Parliament anent His Majesties Supremacy , that it does not reach the alteration of the external Government of the Church . And the Pannel and his Proctors are far from insinuating in the least , that there is any thing in the said Vindication but what is consistent with the exemplary Loyalty , Piety and Learning of the Writer of the same . And tho others perhaps may differ in their private opinion , as to this interpretation of the Act of Parliament anent the Kings ●upremacy , yet it were most absurd and irrational to pretend that whether the mistake were upon the interpretation of the Writer , or the sense of others , as to that point , that such mistakes or misapprehensions , upon either hand , should import or infer against them the Crimes of Leasing-making , or depraving His Majesties Laws : For if such Foundations were laid , Judges and Lawyers had a dangerous employment , there being nothing more ordinar● than to fall into differences and mistakes of the sense and meaning of the Laws and Acts of Parliament . But such Crimes cannot be inferred but with and under the qualifications above-mentioned , of malicious and perverse designs , joyned with licentious , wicked and reproachful speeches spread abroad , to move sedition and dislike of the Government . And the said Laws were never otherwise interpreted , nor extended in any case . And therefore the Explication libelled , neither as taken complexly , nor in the several expressions thereof , nor in the design of the ingiver of the same , can in Law import against him all or any of the Crimes libelled . In like manner the Pannel conjoins with the grounds above-mentioned the Proclamation issued forth by His Majesties privy-Council , which acknowledges and proceeds upon a Narrative , that scruples and jealousies were raised and spread abroad against the Act of Parliament enjoyning the Test. For clearing and satisfaction whereof the said Proclamation was issued forth , and is since approved by His Sacred Majesty . The Kings Advocate 's Argument and Plea against the Earl of Argyle . HIS Majesties Advocate , for the foundation of his Debate , does represent , That His Majesty , to secure the Government from the Rebellious Principles of the last Age , and the unjust Pretexts made use of in this , from Popery , and other Jealousies ; as also to secure the Protestant Religion , and the Crown , called a Parliament ; and that the great security resolved on by the Parliament was this excellent Test , in which , that the old jugling Principles of the Covenant might not be renewed , wherein they still swore to serve the King in their own way , the Parliament did positively ordain , That this Oath should be taken in the plain genuine meaning or the words , without any evasion whatsoever . Notwithstanding whereof , the Earl of Argyle , by this Paper , does invent a new way , whereby no man is at all bound to it . For how can any person be bound , if every man will only obey it as far as he can , and as far as he conceives it consistent with the Protestant Religion , and with it self , and reserve to himself , notwithstanding thereof , to make any alteration that he thinks consistent with his Loyalty ? And therefore His Majesties Advocate desires to know to what the Earl of Argyle , or any man else , can be bound by this Test ? what the Magistrate can expect , or what way he can punish his Perjury ? For if he be bound no farther than he himself can obey , or so far as this Oath is consistent with the Protestant Religion or it self , quomodo constat , to whom or what he is bound ? And who can determine that ? Or against what alteration is the Government secured , since he is Judg of his own alteration ? So that that Oath , that was to be taken without any evasion is evaded in every single word or Letter ; and the Government as insecure as before the Act was made , because the taker is no farther bound than he pleases . From which it cannot be denied , but his Interpretation destroys not only this Act , but all Government , since it takes away the security of all Government , and makes every mans Conscience , under which Name there goes ordinarily in this Age Humour and Interest , to be the rule of the takers obedience . Nor can it be conceived to what purpole Laws , but especially Oaths , needed to be made , if this were allowed ; or how this cannot fall under the 107th Act , Par. 7. James 6. whereby it is statuted , That no man interpret the Statutes otherwise than the maker understood . For what can be more contrary to the taking of them in the makers sense , than that every man should obey as far as he can , and be allowed to take them in a general sense , so far as they are consistent with themselves , and the Protestant Religion , without condescending wherein they do not agree with the Protestant Religion ? and that they are not bound not to make any alteration which they think good for the States ? For all these make the rule of obedience in the taker , whereas the positiue Law makes it to be in the maker . O● how could they be punished for Perjury after this Oath ? For when he were quarrelled for making alterations against this Oath ; and so to be perjured , he might easily ansvver , That he took this Oath only in so far as it was consistent with the Protestant Religion , and with a Salvo , that he might make any alteration that he thought consistent with his Loyalty . And as to these Points , upon which he were to be quarrelled , he might say , he did not think them to be inconsistent with his Loyalty , think we what we pleased , and so needed not be perjured , except he pleased to decide against himself : For in these Generals he reserves to himself to be still Judg. And this were indeed a fine security for any Government . And by the same rule that it looses this Oath , it shews a way of loosing all Oaths and Obedience : And consequently strikes at the root of all Laws , as well as this : Whereas to shun all this , not only this excellent Statute 107. has secured all the rest , but this is common Reason : And in the opinion of all Divines , as well as Lawyers in all Nations , Verba juramenti intelliguntur secundum ment em & intentionem ejus , cui fit juramentum . Which is set down , as the grand position , by Sandersone ( whom they cite , ) Pag. 137. and is founded upon that Mother-Law , Leg. 10. cui interrogatus f. f. de interrogationibus in Iure faciendis ; and without which no man can have sense of Government in his head , or practise it in any Nation . Whereas on the other hand there is no danger to any tender Conscience , since there was no force upon the Earl to take the Oath , but he took it for his own advantage , and might have abstained . 2. It is inferred from the above-written matter of Fact , That the Earl is clearly guilty of contravention of the 10. Act , Parl. 10. James VI. Whereby the Liedges are commanded not to write any purpose of Reproach of His Majesties Government , or misconstrue his Proceedings , whereby any misliking may be raised betwixt his Highness , his Nobility , or his People . And who can read this Paper , without seeing the King and Parliament reproached openly in it ? For who can hear , that the Oath is only taken as far as it is consistent with it self and the Protestant Religion , but must necessarily conclude , that in several things it is inconsistent with it self , and the Protestant Religion ? For if it were not inconsistent with it self , and the Protestant Religion , why this Clause at all but it might have been simply taken ? For the only reason of hindering it to be taken simply , was because of the inconsistency : ergo there behoved necessarily to be an inconsistency . And if there be any inconsistency with the Protestant Religion , or any contradiction in the Oath it self , can there be any thing a greater Reproach on the Parliament , or a greater ground of mislike to the People ? And whereas it is pretended , That all Laws and Subsumptions should be clear , and these are only Inferences . It is answered , That there are some things which the Law can only forbid in general : And there are many Inferences which are as strong and natural , and reproach as soon , or sooner , than the plainest defamations in the world do : For what is openly said of reproach to the King does not wound him so much as many seditious Insinuations have done in this Age and the last : So that whatever was the Earl's design ( albeit it is always conceived to be unkind to the Act , against which himself debated in Parliament , ) yet certainly the Law in such cases is only to consider what essect this may have amongst the People : And therefore the Acts of Parliament , that were to guard against the misconstruing of His Majesties Government , do not only speak of what was designed , but where a disliking may be caused , and so judgeth ab effectu : And , consequentially to the same emergent Reason , it makes all things tending to the raising of dislike to be punishable by the Act 60. Parl. 6. Queen Mary ; and the 9. Act. Parl. 20. James VI. So that the Law designed to deter all men by these indefinite and comprehensive Expressions : And both in this and all the Laws of Leasing-making , the Iudges are to consider what falls under these general and comprehensive words , Nor could the Law be more special here , since the makers of Reproach and Slander are so various that they could not be bound up or exprest in any Law : But as it evidently appears , that no man can hear the words exprest , if he believe this Paper , but he must think the Parliament has made a very ridiculous Oath , inconsistent with it self and the Protestant Religion , the words allowing no other sense , and having that natural tendency ; Even as if a man would say , I love such a man only in so far as he is an honest man , he behoved certainly to conclude , that the man was not every way honest ; So if your Lordships will take measures by other Parliaments , or your Predecessors , ye will clearly see , That they thought less than this a defaming of the Government , and misconstruing His Majesties Proceedings . For in Balmerino's Case the Justices find an humble Supplication made to the King himself to fall under these Acts now cited . Albeit as that was a Supplication so it contained the greatest expressions of Loyalty , and offers of Life and Fortune that could be exprest , Yet because it insinuates darkly , That the King in the preceeding Parliament had not favoured the Protestant Religion , and they were sorry he should have taken Notes with his own hands of what they said , which seems to be most innocent , yet he was found guilty upon those same very Acts. And the Parliament 1661. found his Lordship himself guilty of Leasing - making , tho he had only written a Letter to a private Friend , which requires no great care nor observation , ( but this Paper which was to be a part of his own Oath does ) because after he had spoken of the Parliament in the first part of this Letter , he thereafter added , That the King would know their Tricks : Which words might be much more applicable to the private Persons therein designed , than that the words now insisted on can be capable of any such Interpretation . And if either Interpretations , upon pretext of exonering of Conscience , or otherwise , be allowed , a man may easily defame as much as he pleases : And have we not seen the King most defamed by Covenants entered into upon pretence to make him great and glorious , By Remonstrances made to take away his Brother and best Friend , upon pretence of preserving the Protestant Religion , and His Sacred Person ? And did not all who rebelled against him in the last Age declare , That they thought themselves bound in duty to obey him , but still as far as that could consist with their respect to the Protestant Religion , and the Laws and Liberties , which made all the rest ineffectual ? And whereas it is pretended , That by these words , I take the same in as far as it is consistent with it self and the Protestant Religion , nothing more is meant , but that he takes it as a true Protestant : His Majesties Advocate appeals to your Lordships , and all the Hearers , if upon hearing this Expression they should take it in this sense , and not rather think that there is an inconsistency . For if that were possible to be the sense , what need he say at all , as far as it is consistent with it self ? Nor had the other part , as far as it is consistent with the Protestant Religion , been necessary . For it is either consistent with the Protestant Religion , or otherwise they were Enemies to the Protestant Religion , that made it . Nor are any Lawyers or others in danger , by pleading or writing : For these are very different from ; and may be very easily pleaded without defaming a Law , and an Oath , when they go to take it . But if any Lawyer should say , in pleading or writing ; That the Test was inconsistent , or , which is all one , that it were not to be taken by any man , but so far as it was consistent with it self , and the Protestant Religion , no doubt this would be a crime even in pleading , tho pleading has a greater allowance than deliberate swearing has : And as there is nothing wherein there is not some inconveniency , so the inconveniency of defaming the Government is much greater than that of any private mans hazard , who needs not err except he please . Whereas it is pretended , That before the Earl gave in this Explication , there were other Explications spread abroad , and Answers read to them in Council , and that the Council it self gave an Explication . It is answered , That if this Paper be Leasing-making , or misconstruing His Majesties Proceedings , and Treasonable , as is contended , then a thousand of the like offences cannot excuse it . And when the King accused Noblemen , Ministers , and others , in the Year 1661. for going on in the Rebellions of that Age , first with the Covenanters , and then with the usurpers , it was found no Defence , That the Nation was over-grown with those Crimes , and that they were thought to be duties in those days , Yea , this were to invite men to offend in multitudes . And albeit sometimes these : who follow the examples of multitudes may thereby pretend this as an excuse to many , yet this was never a formal Defence against Guilt , nor was ever the chief of the Offenders favourable on that Head. And it is to be presumed , That the Earl of Argyle would rather be followed by others , than that he would follow any example . But His Majesties Advocate does absolutely decline to debate a point that may defame a constant and standing Act of Parliament , by leaving upon record a memory of its being opposed . Nor were this Relevant , except it could be said , the Council had allowed such Explications which reflected upon the King and the Government : For the writing an Answer is no allowance , but a condemning : Not can the Council allow any more than they can remit : And tho it may justly be denied that the Council heard even the Earl's own Explanation , yet the hearing or allowing him to sit is no Relevant Plea , because they might very justly have taken a time to consider how far it was fit to accuse upon that Head. And it is both just and fit for the Council to take time ; and by express Act of Parliament the negligence of the Kings Officers does not bind them . For if this were allowed , Leading men in the Council might commit what Crimes they pleased in the Council , which certainly the King may quarrel many years after . And tho all the Council had allowed him that day , any one Officer of State might have quarrelled it the next day . As to the Opinion of Bellarmine , Sanderson , and others , it is ever contended , that the Principles of the Covenant agree very well with those of the Iesuits , and both dostill allow Equivocations and Evasions : But no solid , Orthodox Divine ever allowed , That a man who was to swear without any Evasion should swear so as he is bound to nothing , as it is contended the Earl is not , for the Reasons represented . And as they still recommend , That when men are not cleare they might abstain , as the Earl might have done in this Case , so they still conclude . That men should tell in clear terms what the sense is by which they are to be bound to the State : Whereas the Earl here tels only in the general , and in most ambiguous terms , That he takes it as far as he can obey , and as far as it is consistent with the Protestant Religion , and that he takes it in his own sense , and that he is not bound by it from making alterations , but as far as he thinks it for the advantage of Church or State : Which sense is a thousand times more doubtful than the Test , and is in effect nothing but what the taker pleases himself . As to the Treason founded on , His Majesties Advocate founds it first upon the Fundamental and Common Laws of this and all Nations , whereby it is Treason for any man to make any alteration he shall think for the advantage of Church or State : Which he hopes is a Principle cannot be denied in the general . And whereas it is pretended , That this cannot be understood of mean alterations , and of alterations to be made in a lawful way : It is answered , That as the thing it self is Treason ; so this Treason is not taken off by any of these qualifications ; because he declares , he will wish and endeavour any alteration he thinks fit : And any alteration comprehends all alterations that he thinks fit : Nam propositio indefinita aequipollet universali . And the word any is general in its own nature , and is in plain terms a reserving to himself to make alterations , both great and small . And the restriction is not , all alterations that the King shall think fit , or are consistent with the Laws and Acts of Parliament ; but he is still to be Judge of this , and his Loyalty is to be the Standard . Nor did the Covenanters in the last Age , nor do these who are daily executed , decline that they are bound to obey the King , simply , but only that they are bound to obey him no otherwise than as far as his Commands are consistent with the Law of God , of Nature , and of this Kingdom , and with the Covenant : And their Treason lies in this . And when it is asked them , Who shall be judge in this , they still make themselves Judges . And the reason of all Treason being , that the Government is not secure ; it is desired to be known , what way the Government can be secured after this Paper , since the Earl is still Judge how far he is obliged , and what is his Loyalty . And if this had been sufficient , the Covenant had been a very excellent Paper : for they are there bound to endeavour , in their several stations , to defend the Kings Person : but when the King challenged them , how they came to make War against him ? their great Refuge was , That they were themselves still ludges as to that . And for illustrating this Power , the Lords of Justitiary are desired to consider , quid Iuris , if the Earl , or any man else should have reserved to himself in this Oath a liberty to rise in Arms , or to oppose the lineal Succession , tho he had added , in a lawful manner : For the thing being in it self unlawful , this is but shamm , and Protestatio contraria facto . And if these be unlawful , notwithstanding of such additions , so much more must this general reservation , of making any alterations , likewise be unlawful , notwithstanding of these additions : For he that reserves the general power of making any alteration , does , a fortiori , reserve power to make any alteration , tho never so fundamental . For all particulars are included in the General ; and whatever may be said against the Particulars may much more strongly be said against the General . 2. The 130. Act. Par. 8. James VI. is expresly founded on , because nothing can be a greater diminution of the power of the Parliament , than to introduce a way or mean whereby all their Acts and Oaths shall be made insignificant and ineffectual , as this Paper does make them , for the Reasons represented . Nor are any of the Estates of Parliament secure at this rate , but that they who reserved a general power to make all alterations , may , under that General , come to alter any of them . 3. What can be a greater impugning of the Dignity and Authority of Parliaments , than to say , That the Parliament has made Acts for the security of the Kingdom , which are in themselves ridiculous , inconsistent with themselves and the Protestant Religion ? And as to what is answered against invading the Kings Prerogative , and the Legislative Power in Parliaments , in adding a part to an Oath or Act , is not relevantly inferred , since the sense of these words , And this I understand as a part of my Oath , is not to be understood as if any thing were to be added to the Law , but only to the Oath , and to be an interpretation of the Oath . It is replied , That after this , no man needs to add a Caution to the Oath in Parliament . But when he comes to take the Oath , do the Parliament what they please , he will add his own part . Nor can this part be looked upon as a sense : For if this were the sense before this Paper , he needed not understand it as a part of it , for it wanted not that part . And in general , as every man may add his own part , so the King can be secure of no part . But your Lordships of Justitiary are desired to consider , how dangerous it would be in this Kingdom , and how ill it would sound in any other Kingdom , That men should be allowed to reserve to themselves liberty to make any alteration they thought fit in Church or State , as to the legality of which , they were themselves to be Judges : And how far , from Degree to Degree , this at last may come to absolute Anarchy , and how scandalous a thing , as well as unsecure , this new way may look in an Age wherein we are too much tracing the steps of our rebellious Progenitors in the last , whose great detection and error was , That they thought themselves , and not the King the Authors of Reformation in Church and State. And no man ever was barred by that , that the way he was upon was not a lawful way : For if it be allowed to every man to take his own way , every man will think his own way to be the lawful way . As to the Perjury , it is founded on this , first . That perjury may be committed , not only by breaking an Oath , but even in the swearing of it , viz. to swear it with such Evasions as make the Oath ineffectual : For which Sandersone is cited , Pag. 138. Alterum Perjurii genus est novo aliquo excogitato Commento Iuramenti vim declinare , aut eludere , & Iurans tenetur sub poena Perjurii implere Secundum Intentionem deferentus ; both which are here . For the Earl being bound by the very Oath , to swear in the genuine meaning , without any evasion , he has sworn so as he has evaded every word , there being not one word to which it can be said particularly he is bound , as is said . And it is undeniable , that he has not sworn in the sense of the makers of the Law , but in his own sense , which is Perjury , as is said . And consequentially , whatever sense may be allowed in ambiguous Cases , yet there can be none where the Paper clearly bears Generals : And where he declares , That he takes it in his own sense , His Majesties Advocate declares , he will not burden himself , that Copies were disperst , tho it is certain , since the very Paper it self by the giving in is chargeable with all that is above charged upon it . Sir John Dalrymple's Defence and Plea for the Earl of Argyle , by way of Reply upon the King's Advocate . SIR John Dalrymple replies for the Pannel , That since the solid grounds of Law adduced in the Defences have received no particular Answers , in relation to the common consent of all Casuists , viz. That a party who takes an Oath is bound in Conscience to clear and propose the terms and sense in which he does understand the Oath ; Nor in relation to the several Grounds adduced concerning the legal and rational Interpretation of dubious Clauses . And since these have received no Answers , the Grounds are not to be repeated : but the Proctors for the Pannel do farther insist on these Defences . 1. It is not alledged , That any Explanation was given in by the Pannel to any person , or any Copy spread , before the Pannel did take the Test in Council : So that it cannot be pretended , That the many Scruples that have been moved concerning the Test , did arise from the Pannel's Explication : But on the contrary , all the Objections that are answered , and obviated in the Pannel's Explication , were not only privately muttered , or were the thoughts of single or illiterate persons , but they were the difficulties proposed by Synods and Presbyteries , long before the Pannel came from home , or was required to take the Test : So that the general terms of the Acts of Parliament founded upon in the Libel are not applicable to this Case : For as these Laws , in relation to Leasing makers , are only relative to atrocious wilful Insinuations , or misconstructions of His Majesties Person or Government , or the open depraving of his Laws , so the restrictive Clause , whereby sedition or misconstructions may be moved , raised , or engendered betwixt His Majesty and his Liedges , cannot be applied to this Case , where all these Apprehensions and Scruples were on foot , and agitated long before the Pannel's Explanation . As it cannot be pretended , That any new dust was raised by the Pannel's Explanation , so it is positively offered to be proved , That there is not one word contained in this Explanation , but that either these individual words , or much worse , had been publikly proposed , and verbatim read in Council , without the least discouragement , or the least objection made by any Member of the Council . And where a Writing , ex proposito read in so high a Court , was universally agreed upon , without the alteration of a Syllable , how can it be pretended , That any person thereafter using the said in ●ividual terms in any Explanation , and far easier terms , that they shall incur the high and infamous Crimes libelled ? And the question is not here . Whether the Council was a proper Judicature to have proposed , or imposed a sense , or allowed any Explanation of the Test to be published ; but that it is impossible that a sense they allowed , or being publikly read be●ore them , and which the Kings Advocate did not controll , that this should import Treason , or any Crime : And tho the Pannels Advocate will not pursue or follow the Reply that has been made to this point yet certainly no man of sober sense will think that it is fit to insinuate that so high a judicature might have authorized or acquiescedin such Explanations as the Liedges thereafter should be entrapped to have used If the Pannel had officiously or ultr●neously offered a sense or Explanation of His Majesties Laws , which the Laws themselves could not have born , it might justly have been alledged , that he was extraordinem , and medling in a matter he was not concerned in but where the Act of Council did enjoyn , and he was required and cited to that effect , It could neither be constructed as ostentation , or to move or encourage Scruples or Resistance but it was absolutely necessary , either for to have refused the Test , or else to have declared what he thought to be the true and genuine meaning of it . And there being so many objections publikly moved and known , his Explanation was nothing else but to clear , That he did not look upon these Scruples and Objections moved by others as well founded and rational in themselves ; and therefore he was able to take the Test in that sense the Council had heard or allowed . And it is not controverted , that the sense of the Legislator is the genuine sense both of Laws and Oaths : And if a person were only interpreting the meaning of either a Law or an Oath imposed , he should deprave and misconstruct the Law and Oath , if he rendered it wittingly and willingly in terms inconsistent with the meaning of the imposer : But there is a great difference betwixt taking of Oaths , and interpreting Oaths ; For when a man comes to take an Oath , except his particular sense did agree with the genuine meaning of the imposer , he cannot take that Oath , tho he may very well interpret and declare what is the sense of the Legislator , which he may know , and yet perhaps not be able to take the Oath . And therefore when there is any doubtfulness in an Oath , and a party is bound to take it , if then he gives in an Explication of the sense which he in his private judgment doth apprehend to be the genuine meaning , if that private sense be disconform to the Legislators sense in the Oath , then the Imposer of the Oath , or he that has power to offer it to the party , if he consider the parties sense disconform , he ought to reject the Oath , as not fulfilling the intent of the Law imposing it . But it is impossible to state that as a Crime , That a party should neither believe what is proposed in the Oath , nor be able to take it ; And he can run no farther hazard , but the penalty imposed upon the Refuser . And therefore in all Oaths there must be a concourse both of the sense imposed by Authority , and of the private Sense , Iudgment or Conscience of the party . And therefore if a party should take an Oath in the Sense proposed by Authority contrary to his own sense , he were perjured : whereby it is evident that the sense of Authority is not sufficient , without the acquiescence and consent of the private person . And therefore it is very strange , why that part of the Pannel's Explanation should be challenged , that he takes it in his own Sense , the posterior words making it as plain as the light , that that sense of his own is not what he pleases to make of the Oath , for it bears expresly , that no body can explain it but for himself , and reconcile it as it is genuine , and agrees in its own sense : So that there must be a Reconciliation betwixt his own sense and the genuine sense , which upon all hands is acknowledged to be the Sense of Authority . And if the Pannel had been of these lax and debaucht Principles , that he might have evaded the meaning and energy of the Oath , by imposing upon it what sense he pleased , certainly he would have contented himself in the general refuge of Equivocation , or Mental Reservation , and he would never have exposed his sense to the world , in which he took this Oath , whereby he became absolutely fixed and determined to the Oath , in that particular sense , and so had no latitude of shuffling off the Energy or Obligation of the Oath . And it is likewise acknowledged , That the Cases alledged in the Reply are true , viz. That the person is guilty of Perjury , si aliquo novo Commento he would elude his Oath , or who doth not fulfil the Oath in the sense of the Imposer . But that does not concern this Case : For in the foresaid Citation , a person , after he has taken an Oath , finding out some new conceit to elude it he is perjured : but in this Case the Pannel did at , and before his taking the Test , declare the terms in which he understood it ; So that this was not nov● aliquo commento to elude it . And the other Case , where a party takes it in the sense of Authority , but has some subterfuge , or concealed Explanation , it is acknowledged to be Perjury . But in this Case there was no concealed Explanation , but it was publikly exprest , and an Explanation given , which the Pannel designed , and understood as the meaning of Authority , and had ground to believe he was not mistaken , since upon that Explanation he was received and allowed to sit and vote in Council . And as to that part of the Reply , that explains the Treason , there can be no Treason in the Pannel's Case , because the express Act of Parliament founded upon doth relate only to the Constitution of the Parliament : And I am sure His Majesties Advocate cannot subsume in these terms : And therefore in the Reply he recurs to the general Grounds of the Law , That the usurping of His Majesties Authority , in making a part of the Law ; and to make alterations in general , and without the King , are high and treasonable words or designs , and such as the party pleases , and such designs as have been practised in the late times . And that even the adjection of fair and safe words , as in the Covenant , does not secure from treasonable Designs ; and that it was so found in Balmerino's Case , tho it bear a fair Narrative of an humble Supplication . It is replied , That the usurpation of making of Laws is undoubtedly treasonable ; but no such thing can be pretended or subsumed in this Case : For albeit the Pannel declares his Explanation to be a part of his Oath , yet he never meaned to impose it as a part of the Law , or that this Explanation should be a thing distinct , or a separate part even of his Oath . For his Explanation being but exegetik of the several parts of the Oath , it is no distinct thing from the Oath , but declared to be a part of the Oath de natura rei . And it was never pretended , That he that alledged any thing to be de natura rei , did say , That that was distinct and separate , which were a Contradiction . And therefore the Argument is retorted , the Pannel having declared , this Explanation was , de natura rei , implied in the Oath , he necessarily made this Explanation no addition or extention of the Oath . So that for all this Explanation , the Oath is neither broader nor longer than it was . And as to these words , I do not mean to bind up my self in my station , and in a lawful way , to wish and endeavour any alteration I think to the advantage of Church or State , not repugnant to the Protestant Religion , and my Loyalty . It is a strange thing how this Clause can be drawn in question , as treasonable , when it may with better Reason be alledged , That there is no good Subject but is bound to say it . And albeit the words to endeavour in my station , be words contained in the Covenant , yet that is no Reason , why two words in the Covenant may not be made use of in another very good and loyal sense . And there is no man that shall have the honour either to be entrusted by His Majesty in his Council , or any other Judicature , or to be a Member of Parliament , but he is bound by his Loyalty to say the same thing . And there was never a Clause more cautiously exprest , for the words run , to endeavour any alteration I shall think to the advantage of Church and State. And tho that was sufficient , yet the Clause is so cautiously conceived , that it contains another Restriction , not repugnant to Religion and his Loyalty . So that except it could be alledged , That a man by lawful means , to the advantage of Church and State , consistent with his Religion and Loyalty , could make treasonable alterations , and invasions upon the Government and Monarchy , which are the highest Contradictions imaginable , there can be nothing against the Pannel . And albeit the Clause , any alterations , might , without the Restrictions and Qualifications foresaid , be generally extended , yet the preceeding words of lawful way , and the rational Interpretation of the emission of words especially before a solemn Judicatory , leaves no place or shadow to doubt , that these alterations were no fundamental or treasonable alterations , but such as the frailty of humane Affairs and Constitutions , and vicissitude of things and circumstances , do constantly require in the most exact Constitutions under Heaven . And the clause does not so much as import , that there is a present necessity of alteration , but it was a necessary and rational prospect , That albeit at present all things under Heaven had been done to secure the Religion and Government , yet there might occur Cases that would require new helps , alterations , and remedies . And it is not pretended in this Case for the Pannel , That he desires to alleviate , or take off words truly treasonable , or having an ill design , by the mixing of fair and safe , dutiful and submissive Expressions , which indeed are Protestations contrari● facto . For there is nothing in his Explanation , that either in his design , or in the words themselves , being rationally and naturally interpreted , can infer the Crimes libelled , or any of them . And the Pannel's known Principles , and known Practices , do not only clear that Loyalty that he has profest before the Lords of Justitiary , and instructed by unquestionable Documents , but they put him far from the suspicion of these damnable Principles related in the Reply , Of which the whole tract of his Life hath been an intire evidence of his abhorrency and detestation . And in the last place , It is thought strange , why that should be represented as an affront or disgrace to the Government , That the Parliament imposed a Test which the Pannel is not able to take simply . And it is not pretended , That he hath defamed , written or spoken against the Test it self , or for the inconvenience of it ; but only that he hath not been able to see the good ground upon which it may be simply taken . And this were to condemn him for want of sight or sense , when the Law hath punished no man for not taking the Test , but only turned him out of the Government . And it is as strange an Inference , That because the Pannel declares , He believes the Parliament meaned no Contradiction and would take the Test , in as far as it is consistent , that therefore he said , the Parliament imposed Contradictions : Which is so far from a rational Induction , that the Contradiction of these Subsumptions , in all congruity of Language and Sense , is necessarily true . And therefore the last part of that Clause , in so far as it is consistent , is a Consequence inferred upon the former : viz. I believe the Parliament designed to impose no Contradictions : ergo , I take the Test as consistent , and in so far as it must be consistent , if the Parliament did not impose Contradictions , as certainly they have not ; and to convince the world , that in this sense this Explanation is receivable , it was proposed in Council , and allowed , and therefore without the highest reflection , it cannot now be quarrelled . Sir George Lockhart's second Plea for the Earl of Argyle , by way of Reply upon the King's Advocate . SIR George Lockhart Duplies , That the Defender repeats and oppones his former Defences , which are no ways elided , nor satisfied by the Reply made by His Majesties Advocate . And altho it be easie for the Kings Advocate , out of his zeal , to pretend and argue Crimes of the highest Nature upon Inferences and Consequences , neither consistent with the Pannel's design nor with his words and expressions , yet there cannot be a more dangerous foundation laid , for the security and interest of the Government , and the security and protection of the Subjects , than that Crimes should be inferred but from clear , evident ; and express Laws , and plain palpable Contravention of these Laws , It being both against the Laws of God and Man , that a Man should be made an Offender for a word , and especially for expressions which according to Sense and Reason , and considering the time and place where they were spoken by the Pannel , viz. as a Member of His Majesties Privy-Council , and in presence of his Royal Highnes , and the Members of Council , and when required to take the Test , were safe and Innocent : and it were against all Law and Reason , to suppose that the Pannel either did , or designed to do any thing which may , or did import the Crimes libelled against him . And whereas it is pretended , That the Oath required and imposed by Act of Parliament was for the security of the Government ; and that the Pannel by his Explication does evade the Oath , by taking it only so far as it is consistent with the Protestant Religon , and his own Loyalty , whereof he was Judge . It is answered , That the pretence is most unwarrantable , and the security of His Majesties Government is not at all endangered ( as God forbid it should , ) tho the Pannel , and a Thousand more had simply refused the Test , or had taken it in a sense which does not satisfie the Law ; it being competent to publik Authority to consider , whether the Pannels Oath , in the terms of the Explication wherein he did take it , does satisfie the Act of Parliament or not ; And if not , there can be no rational consequence inferred thereupon , but that he is holden as a Refuser of the Oath , and liable to the Certification of the Act of Parliament , of not assuming and continuing in any publik Trust : And no more was intended or designed by the Act of Parliament it self , than strictly to make the Oath in the true and genuine sense and meaning of the Parliament , an indispensible qualification of persons admitted to publik Trust. So that it is not at all material to dispute , whether the Pannel's Explication can be looked upon as a full satisfaction of the Act , which whether it should or not , it can import no Crime against him , it not being consistent with Sense and Reason , that a person who absolutely refuseth the Test , upon the scrupulosity of his Conscience , albeit he be not capable of publik Trust , should be , notwithstanding , looked upon as guilty of no Crime : and yet another who was willing to go a greater length , albeit he did demur and scruple as to the full length , that he should be reputed criminal and guilty of a Crime . 2. The Pannel repeats and conjoyns with this the grounds above-mentioned , contained in his Defences , viz. That neither the Crimes libelled , nor any other Crime , were ever pretended or made use of against any others , who did spread abroad Objections of an high nature , which yet were so favourably looked upon , as to be construed only to proceed from scrupulosity of Conscience , as also the satisfaction endeavoured is in such terms , and by such condescensions , as do take in , and justifie the whole terms of the Explication libelled . It is of great moment , and whereof the Lords of Justitiary are desired to take special notice , both for clearing the absolute innocence of the Pannel's meaning and intention , and to take off all possible misconstruction that can be wrested or detorted from the tenor and expressions of the libelled Explication , That the Pannel was put to , and required to take the Oath , before the Lords of His Majesties Privy-Council did pass and pubish their Proclamation explaining the Oath , and declaring the genuine sense and meaning thereof , namely . That it did not tye to the whole Articles of the Confession of Faith , ratified by Act of Parliament , James 6. and which , as to several Articles thereof , had occasioned the scruples , and difficulties , and alledged inconsistency and contradiction betwixt the last part of the Oath and the said Confession , and betwixt some of these Articles , and the Currant of the Protestant Doctrine , received and contained in the Syntagma of the Protestant Confessions . And therefore if the Pannel at that time did think fit , for the clearing and exoneration of his own Conscience , to use the expressions in the Explication libelled , and yet with so much duty and confidence of the Parliaments Justice , as to their meaning and intention , That the Parliament never intended to impose contradictory Oaths ; and that he did take it so far as it was consistent with it self , and the Protestant Religion , not knowing then , whether the whole Confession was to be reputed a part of the Oath , and doubting there-anent ; and which the Lords of His Majestie 's Privy-Council & his Sacred Majesty by his approbation since , have thought a difficulty of so great moment as it was fit to clear the same by a publik Proclamation ; How now is it possible , that any Judicatory under Heaven , which proceeds upon the solid grounds of Law and Reason , and who ( it cannot be doubted ) will have a just regard to the intrinsik Principles of Justice , and to all mens security , that they can now believe all , or any of the Crimes libelled , should be in the least inferred from all , or any of the expressions contained in the said Explication ? But that on the contrary it was a warrantable allowance , and Christian practice , condemned by the Law and Custom of no Nation , That having scruples in the matter of an Oath which should be taken in Truth , Iudgment & Righteousness , and upon full deliberation , and with a full assurance and sincerity of mind , That he did plainly , openly , and clearly declare the sense in which he was willing to take it ; and if Authority did allow it as the genuine sense of the Oath , the Pannel to be holden as a Taker of the Oath : And if upon farther consideration , Authority think not , that habetur pro Recusante , and a Refuser of the Oath , but no ways to be looked upon as a criminal or guilty person . And the Pannel repeats and conjoyns with this point of the Reply that point in his Defence , whereby he positively offers to prove , 1. That his Explication , and the sense wherein he took the Oath , was heard , and publikly given and received in Council , and the Pannel thereafter allowed to take his place , and sit and vote in that Sederunt . 2. The Pannel also offers positively to prove , That the tenor and terms of his Sense and Explication wherein he did take the Oath , is contained in that Solid , Learned , and Pious Vindication , written by the Bishop of Edenburgh , in answer to the Objections and alledged inconsistencies and contradictions in the Oath , and which Vindication was publikly read in Council , and so far approved , that it was allowed to be printed and published ; and was accordingly dispersed and spread abroad . And it is not of the least import , that the Proclamation of the Lords of Privy-Council , altho it does only allow the same to be taken by the Clergy , yet at the same time they expresly declare the genuine sense and meaning of the Parliament not to comprehend the whole Articles of the Confession , which was not cleared before the Pannel's taking his Oath . And whereas it is pretended , That the Acts of Parliament libelled upon , against Leasing makers , depravers of His Majesties Laws , do obtain and take place , where-ever there are any words or expressions that have a tendency in themselves , or by a natural consequence , and rational inferences , to reflect upon the Government , or misconstrue His Majesties Prooceedings ; and that the Explication libelled is such , and that it was found so in the Case of Balmerino , albeit it was drawn up by way of humble Petition and Address to His Majesty , and with great Protestations and Expressions of Loyalty . It is answered , The Acts of Parliament libelled upon are opponed , and the 43d Act , Par. 8. James 6. and the other Acts , making the depraving of His Majesties Laws to be Crimes , do expresly require , that Speeches so judged be perverse and licentious Speeches , ex natura sua probrosae and reproachful , and spoke animo defamandi , and which could not receive any other rational Construction , which cannot in the least be applied to , or subsumed upon the words , or Explication given in by the Pannel . And Law and Reason never infers or presumes a Crime , where the thing is capable of a fair and rational Construction , and where it was done palam and publikly , and in presence of His Majesties High Commissioner , and Lords of His Majesties Privy-Council , whereof the Pannel had the honour to be a Member , Persons commiting and designing to commit Crimes making use of Times , and Places , and Companies of another nature , on whom their suggestions and insinuations may prevail . But it is a violence to the common Reason of mankind , to pretend , that a person of the Pannel's Quality , having the honour to serve His Majesty in most eminent Capacities , and devoted to His Majesties Interest and Service ; beyond the strictest ties of Duty and Allegiance , by the transcendent Favours he had received , that the Pannel in those Circumstances , and in presence of his Royal Highness and Lords of Privy-Council , should design to declame , and de facto , declame against , and defame His Majesties Government : To suppose this is absolutely contradictory to the common Principles and Practices of Law , and common Topiks of Reason . And as to Balmerino's Case , it is answered , That the Lords of Justitiary are humbly desired to call for , and peruse the said Petition , and Books of Adjournal , which was certainly a defamatory Libel of His Majesties Father , of blessed Memory , and of the States of Parliament in the highest degree , bearing expresly , that there was nothing designed but an innovation of the Protestant Religion , and the subversion and over-turning the Liberties and Priviledges of the Parliament , and the Constitutions of the Articles , and other things of that kind , which made certainly of it self a most villanous and execrable Libel , containing the highest Crimes of Treason and Perduellion , and was not capable of any good sense or interpretation , but was absolutely pernicious and destructive : So that it is in vain to pretend , that the said Libel did contain Prefaces and Protestations of Loyalty , which no Law regards , even in simplici injuria & maledicto , tho committed by a private person , cum praefatione , salvo honore , or the like , and which were certainly ridiculous to sustain in a Libel concerning Crimes of Treason . And whereas it is pretended , That tho others were guilty of these Crimes , it does not excuse the Earl : and that the Lords of Privy-Council cannot remit Crimes ; and the negligence of the Kings Officers cannot prejudg his Interest . It is answered , The Pannel is very confident , that neither the Lords of His Majesties Privy-Council , consisting of persons of eminent Loyalty and Judgment , nor His Majesties Officers , were capable of any such escape as is pretended : and if the tenor of the Pannels Explication did in the least import the high and infamous Crimes libelled , as beyond all peradventure it does not , it were strange , how the same being contained in the foresaid vindication , and the whole Clauses thereof justified , that this should have been looked on as no Crime , and allowed to be published . And the Pannel neither does , nor needs to make farther use thereof , but to convince all dis-interested persons , that his Explication can import no Crime . And whereas it is pretended , That the Crime of Treason is inferred from the fundamental Laws of the Kingdom , and from that Clause of the Pannel's Explication , wherereby he declares , he is not bound up by any thing in this Oath not to endeavour any alteration in a lawful way : which being an indefinite Proposition is equipollent to an univetsal , and is upon the matter coincident with a Clause which was rebellious in its consequences , contained in the Solemn League and Covenant . It is answered , That it is strange , how such a plain and innocent Clause , whereby , beyond all question , he does express no more than was naturally imported in the Oath it self , whether exprest or not , should be made a foundation to import the Crime of Treason , which no Lawyer ever allowed , except where it was founded upon express Law & Luce Meridiana Clari●r : And indeed if such stretches and inferences can make men guilty of Treason no man can be secure . And the words in the Pannel's Declaration are plain and clear ( yet non sunt cavillanda ) and import no more , but that , in his station , and in a lawful way , and consistent with the Protestant Religion , and his Loyalty , he might endeavour any alteration to the advantage of Church and State. And was there ever any loyal or rational Subject , that does , or can doubt , that this is the natural import of the Oath ? And indeed it were a strange Oath , if it were capable of another sense , and being designed for the security of the Government , should bind up mens hands to concur for its advantage . And how was it possible , that the Pannel , or any other in the capacity of a Privy-Councellor , or a Member of the Parliament , would have satisfied his Duty and Allegiance in other terms ? And whereas it is pretended that there was the like case in the pretended League and Covenant , it is answered The Assertion is evidently a Mistake ; and tho it were , the Argument is altogether inconsequential : For that League and Covenant was treasonable in it self , as being a Combination entered into without His Majesties Authority , and was treasonable in the glosses that were put upon it , and was imposed by absolute violence on the Subjects of this Kingdom And how can the Pannel be in the least supposed to have had any respect to the said League and Covenant , when he had so often taken the Declaration , disowning and renouncing it , as an unlawful and sinful Oath , and concurred in the many excellent Laws and Acts of Parliament made by His Majesty , condemning the same as seditious and treasonable ? And whereas it is pretended . That the Pannel is guilty of Perjury , having taken the Oath in another sense than was consistent with the genuine sense of the Parliament , and that by the Authority cited he doth commento eludere Iuramentum , which ought always to be taken in the sense of him that imposeth the Oath : It is answered , The Pretence is most groundless , and Perjury never was , nor can be inferred , but by the commission , or omission of something directly contrary to the Oath . And altho it it is true , That where an Oath is taken , without any Declaration of the express sense of the persons who take it , it obliges sub poena Perjurii , in the sense , not of the taker , but of the imposer of the Oath , because expressing no Sense , Law and Reason presumes there is a full acquiescence in the sense and meaning of the imposer of the Oath : and then if an Oath be not so taken , he that takes it is guilty of Perjury . Yet there was never Lawyer nor Divine , Popish or Protestant , but agree in this , That whatever be the tenor of the Oath , if before the taking thereof , the party in express terms does publikly & openly declare the sense in which he takes it , it is impossible it can infer the Crime of Perjury against him in any other sense , this not being Commentum excogitatum , after the taking of the Oath . And if this were not so , how is it possible in Sense and Reason ; that ever any Explication or Sense could solve the Scruples of a mans Conscience ? For it might be always pretended , That notwithstanding of the express sense wherein he took it , he should be guilty of Perjury from another sense . And that this is the irrefragable opinion of all Divines , of whatever perswasion , is not only clear from the Authority above-mentioned , even those who allow of reserved senses , but more especially by the universal suffrage of all Protestant Divines , who tho they do abominate all thoughts of Subterfuges or Evasions , after taking of the Oath , yet they do always allow and advise for the safety and security of a doubting and scrupulous Conscience , that they should express and declare , before the taking of the Oath , the true sense and meaning wherein they have freedom to take it ; and for which Sandersone de Iuramento is cited , Prelect . 6. Sect. 10. pag. 75. where his words are , Sane ut inter Iurandum omnia recte fiant , expedit ut de verborum sensu inter omnes partes quarum interest liquido constet , quod veteribus dictum , liquido Iurare . And an Oath being one of the highest Acts of Devotion , containing Cultum Latriae , there is nothing more consonant to the Nature of all Oaths , and to that Candor , Ingenuity , and Christian simplicity , which all Law and Religion requires in such cases . The Kings Advocate 's Third Plea against the Earl of Argyle . HIS Majesties Advocate conceives he has nothing to answer as to depraving , Leasing-making ; and mis-interpreting , &c. save that this Oath was only designed to exclude Recusants ; and consequently the Pannel may thereby be debarred from his Offices , but not made guilty of a Crime . To which he Triplies , 1. If ever the Earl had simply refused , that had been true , but that did not at all excuse from defaming the Law , for a defamer is not punished for refusing , but for defaming . 2. If he had simply refused the Government had been in no more hazard , but if men will both retain their Places , and yet take the same in such words as secure not the Government , it were strange to think , that the design of the Law being to secure against mens possessing who will not obey , that yet it should allow them possession who do not obey . Nor is the Refuser here in a better Case than the Earl , and others , who offered to obey , because it is the defaming the Law , as ridiculous , and inconsistent with that Protestant Religion , and Leasing-making betwixt the King , the Nobility , and the People , the misconstruing , and misrepresenting , as hath been formerly urged , that puts the Earl in a worse Condition . And all those Arguments might be as well urged for any who had uncontrovertedly contraveened these Acts , as for the Pannel . Whereas it is pretended , That the King emitted a Proclamation to satisfie Dissenters ; it is answered , That the Proclamation was designed for none who had been Members of Parliament , and so should have known the sense ; but it was designed for meer ignorants , not for such as had defamed the Law , which is still here charged upon the Pannel . As to the Article of Treason , it is conceived , That it is unanswerably founded upon the Common Law , discharging all men to make alteration of the Government . As to which there needs no express Statute , that being the very essence of Government , and needing no Laws . Like as it falls positively under all the Laws that discharge the assuming the Royal or Legislative Power ; For to alter the Government , is inseparably united to the Crown . Like as the Subsumption is as clear , the express words not bearing , That the Earl reserves to himself a power to propose to His Majesty any alterations , or to concur to serve His Majesty in making alterations ; but owning in most general and arbitrary terms , to wish and endeavour any alteration he should think fit for the advantage of Church or State , and not determining any thing that could bind him otherwise than according to his own pleasure : For the word ( lawful ) is still subjected to himself , and has subjoyned to it , as he should think fit , which governs the whole Proposition ; and in that sense , and as the words are here set down , the greatest Rebel in Scotland will subscribe that Explanation : For there is no man but will restrict himself to a lawful obedience , providing he be Judg of the lawfulness . And seeing all Oaths proposed for the security of Government require a certain depending upon the Legislator , and not upon the Taker , it is impossible that that end could be attained by any qualification , how special soever , which is made to depend absolutely upon the Taker , and not upon the Legislator . And we have often seen , how little security there is in those specious words , the very Covenant it self having not only the very words above-repeated , but attesting all the world to be witnesses to their Loyalty and Sincerity . And as to the former Instances , viz. rising in Arms , or opposing the lawful Successor , there is no Covenanter in Scotland , but will say , he will do neither , but in a lawful way , and in his station , and in a way consistent with his Loyalty , for a man were mad to say otherwise : But yet when they come to explain this , they will only do it as they think fit , and will be Judges themselves ; and then will tell us , That defensive Arms are lawful ; and that no Popish Successor should succeed , nor no Successor unless he subscribe the Covenant . And whereas it is pretended , That no Clause in the Test does exclude a man from making alterations ; it is answered , That the alterations which the Test allows are none at all but in subordination to Authority . And as to the Two Points above-mentioned , it excludes all alterations as to these Points . And as to the making fundamental alterations , this reservation allows to make any alteration ; and consequently fundamental alterations ; to preclude which Libertinisme this excellent Law was invented . Whereas it is pretended , That the Pannel designs not to add any thing as a part of the Law , but as a part of his Oath , it is duplied , Since the Oath is a part of the Law , whoever adds to the Oath , adds to the Law. Whereas it is pretended , That the Crime of Perjury cannot be inferred here , because all Divines allow , That the Taker of an Oath is still allowed to declare in what sense he takes the Oath ; and that this is clear from Sandersone , Pag. 175. It is triplied , That where there are two dubious senses , Lawyers and Divines allow , That the Taker should clear himself , which of the Two he should take ; which is very just , because to which soever of the two he determines himself , the Legislator in that Case is sure of him . But here it is not pretended , That there are two senses ; nor does the Pannel declare in which of the two he takes it , or in what clear sense at all he takes it , which is indeed liquido Iurare . But here the Pannel neither condescends , what particular clause of the Test is unclear ; nor after he has condescended upon the Articles , does he condescend upon the sense , but in general mysterious words , where he can neither be followed , nor found out , He only takes it in so far as it is consistent with it self , and the Protestant Religion , reserving the squaring all by his own Loyalty , as he did in the beginning declare , That he took it in his own sense , By which general sense , neither is the Government secure of any thing it does enjoin , nor could he be punished if he transgressed . Nor can it be doubted , but Perjury may be inferred by any equivocal or evading sense , inter Iurandum , as well as by breaking an Oath afterwards : Which is very clear from Sandersone , Pag. 138. The words whereof are alterum Perjurii genus estinter Iurandum detorquere verba ; and which is farther clear by the 28. Page ; but above all , from the Principles of Reason , and the necessity of Commerceand Government : For if men may adhibit such glosses , even whilst they swear , as may make the Oath useless , what way will either Government or Commerce be maintained ? And he deceives as much that deceives in swearing salvis verbis , as he who after he has sworn , does break the Oath ; nay and more too , because the breaking may come rom forgetfulness , or other accidents : but the evading by general Clauses , which bind no man , does from the first Instance originally make all Oaths useless and dangerous , and that this interpretation eludes the Oath absolutely is very clear from what hath been formerly debated . For It may be argued , That the Earl broke the Oath in so far as the first day he swears the Oath , which bears to be without any evasion ( and must be so , notwithstanding of whatever he could say ; ) And the next day he gives in this evasion , which is a down-right violation of that Oath , and inconsistent with it . Nor was this Oath forced , but voluntarily emitted , to keep his own Places . And it was the greater Crime that it was done in the Council , because that was to make it the more publik , and consequently the more to misrepresent the Government . After this debate , which , according to the custom of the Court , was verbatim dictat by the Advocats of either side , and written by the Clerk , and so took up much time , and the Court having sat , at least twelve hours , without intermission , it adjourned till the nixt day being Tuesday the 13. of December , at two of the clock in the afternoon : And then the Earl being again brought to the Barr , the following Interloquutour ( that is judgment and sentence ) of the Lords of Iustitiary , on the forgoing debate , was read , and pronounced in open Court. Edenburgh , December 12. 1681. The Interloquutour of the Lords of Iustitiarie . THE Lords , Justice general , and Commissioners of the Justitiary , having considered the Libel and debate , they sustain the defence proponed for the Earl of Argyle , the Pannel , in relation to the perjury libelled , viz. That he emitted this Explanation at , or before his taking the Test , first before His Royal Highness , His Majesties High Commissioner , and the Lords of His Majesties Privy Council , relevant , to elude that Article of the Libel . The Lords sustain the Libel , as being founded upon the common Law , and Explication libelled , and upon Act 130 , Parl. 8. James VI. to infer the pain of Treason . They likewise sustain the Libel , as founded upon the 10. Act , Parl. 10. James VI. to infer the pain of death ; and likewise sustain that part of the Libel anent Leasing-making , and Leasing-telling , to infer the particular pains mentioned in the several acts libelled . And repel the whole other defences , duplies , and quadruplies , and remits the Libel , with the defences anent the Perjury , to the knowledg of an Assize . Thereafter the Assize , that is the Jury , being constitut and sworn , viz. List of the Assizers . Marquis Montross , E. Middleton , E. Airlie , E. Perth , P. C r E. Dalhousie , E. Roxburgh , P. C r E Dumfries , E. Linlithgow , P. C r Lord Lindoors , Lord Sinclare , Lord Bruntisland , Laird of Gosfoord , Laird of Claverhouse , Laird of Balnamoon , Laird of Park Gordon . HIS Majesties Advocate adduced four witnesses , to prove the points of the indictment , remitted to the knowledge of the Assize , viz. Iohn Drummond of Lundie , then Governour of the Castle of Edenburgh , now Treasurer-depute , Sir William Paterson , and Mr Patrik Menzies , Clerks of the privy Council , and H. Stevenson , their Under-clerk : Who deponed , That on the 4. of November , the Earl did give in an unsubscribed Explanation of the Test , which he refused to sign ; One of the witnesses also adding , That he heard him make the same Explanation , the day before , in Council , and that it was there accepted . Then His Majesties Advocate asked , if the Earl would make use of his Exculpation for eliding the perjury libelled ; to wit , That he had emitted the same Explanation , before taking the Test , in presence of His Royal Highness , and the Council . To which the Earl answered , That , seeing they had sustain'd the Libel , as to the alledged Treason , he would not trouble them about the Perjury : Especially the matter of fact , referred by the Interloquutour to his probation , being of it selfe so clear and notour . But the truth is , the Interloquutour pronounced was so amazing that both the Earl , and his Advocats , were struk with deep silence : For they plainly perceived that , after such a Judgment in the case , all further endeavours would be in vain : It being now manifest , that seeing the Earis innocnce had so little availed , as that his plain and honest words , purely uttered for the necessary satisfaction of his own conscience , and clearing of his Loyalty , had been construed , and detorted , to infer Leasing-making , Depraving , and Treason ; The tongues of men , and Angels ( as some of his Advocats also said ) could not do any good : And therefore neither did the Earl , nor they Object any thing , either against the Assizers , or Witnesses , though liable to obvious , and unanswerable exceptions : Nor did the Earl's Advocats , say any thing to the Assize , as the custom is , and as in this case they might well have done to take off the force of the Evidence , and to demonstrat that the depositions instead of proving the indictment did rather prove the Earle's defences : But , as I have said , they now plainly saw , that all this had been unnecessary work ; And , in effect , were of opinion , that after so black , and dreadful a sense put upon what the Earl had spoke and done , in such fair , and favourable circumstances , there could be nothing said , before such a Court , which might not expose themselves to the like hazard , and more easily be made liable to the same misconstruction . But , upon this silence , the Advocat , taking instruments , Protests ( whether in forme only or from a real fear let others judge ) for an Assize of error , in case the Assizers should Assoil or acquit . Whereupon the Assize removing vvas inclosed : And , after sometime , returned their Verdict , vvhich vvas read in open Court of this tenour . The Verdict of the Assize . THE Assize having elected , and chosen the Marques of Montrole to be their Chancellor , they all in one voice find the Earl of Argyle guilty , and culpable of the Crimes of Treason , Leasing-making , and Leasing-telling , And find , by plurality of votes , the said Earlinnocent and not guilty of Perjury . And then the Court again adjourned : And the Privy-Council wrote the following Letter to His Majestie . The Councils Letter to the King , desiring leave to pronounce Sentence against the Earl of Argyle . May it please Your Sacred Majesty . Halyrudhouse , December 14. 1681. IN Obedience to your Majesties Letter , dated the 15th of November last ; we ordered your Majesties Advocat to insist in that Process , raised at your Instance , against the Earl of Argyle : And having allowed him a long time for his appearance , and any Advocates he pleased to employ , and Letters of exculpation , for his Defence ; He , after full Debate , and clear Probation , was found guilty of Treason , Leasing-making betwixt your Majesty , your Parliament , and your People , and the reproaching of your Laws and Acts of Parliament . But because of your Majesties Letter , ordaining us to send your Majesty a particular account of what he should be found guilty of , before the pronouncing of any Sentence against him , we thought it our duty to send your Majesty this account of our , and your Iustices proceedings therein ; And to signifie to your Majesty , with all Submission , That it is usual , and most fit for your Majesties service and the Advantage of the Crown , that a Sentence be pronounced , upon the Verdict of the Assize , without which the process will be still imperfect . After which , your Majesty may , as you in your Royal Prudence , and Clemency shall think fit , Ordain all farther execution to be sisted , during your Maesties pleasure : Which shall be dutifully obeyed by . Your Majesties most Humble , Most Faithful , and most Obedient , Subjects and Servants Sic Subscribitur , Alex. St. And. Athol , Douglas , Montrose , Glencairn Wintoun Linlithgow , Perth , Roxburgh , Dumfries , Strathmore , Airlie , Ancram , Livingstoun , Io. Edinburgens . Elphingstoun , Dalziell , Geo. Gordon , Ch. Maitland , Geo Mc kenzie , G. Mc kenzie , Ramsay , I. Drummond . THE Earl , as well as the Lords of privy Council , waited some dayes for the Answer of this Letter : But the Earl making his escape , a day or two , before it came , I shall take occasion to entertain you , in the mean time , with ane account of some thoughts that the Earl had set down in writing , in order to some discourse he intended to have made to the Lords of Justitiary , before their pronouncing sentence . And then , I shall subjoyn the motives , and arguments , which ( as he hath since informed some of his friends ) did induce him to make his escape : Which , with what I have said before , will give you a full account of all matters , till His Majesties return came , and the sentence past . And first , he takes notice , that on Moonday the twelfth of December , the day of his arraignment , the Court adjourned , before he was aware : And it being then late , about nine of the clock , and after a sederunt of twelve houres , He did not imagine , they would have proceeded further , that night ; But only heard afterwards that they sat it out till two or three after midnight : And was surprised the next morning , to understand , that without calling him again , or asking at him , or hearing , or considering his own sense of his own words , they had not only found the Libel relevant , but repelled his defences , and with one breath rejected all his most material reasons of exculpation , root and branch . This seemed hard , though the words had been worse , and no way capable of a favourable construction ( which none , no not the judges themselves , can be so void of sense as to think really they were not ) and this was so far beyond all imagination , that , neither the Earl , nor his Advocats did ever dream it could fall out , though all was not said might have been said , nor what was said so fully enforced as the Earls Advocats could easily have done , if the case had not been thought so very clear , and the Earl his innocence so obvious , and apparent , and they unwilling unnecessarily to irritat many concerned . This great haste , and strange proceeding , did so surprise , and astonish him ( as I have said ) that it caused him , the next day when the Sentence was read , to keep deep silence , and suffer the Interloquutour to be pronounced , the Assizers chosen , and sworn , and the Witnesses receaved , and examined , without once offering to say , or object any thing , or so much as inquiring , at either Assizers , or Witnesses , whether they had not been tampered with , and practised by promises , and threatnings , or whether some of them had not previously , and publikly declared themselves in the Case , and others of them had not partially advised , and solicited against him ; Which , as they are just , and competent exceptions , So he was able to have proven them , against most of them , instantly , and fully . And indeed as to such of the Assizers as were Councellors , ( whom for your better information , I have marked in the list of Assizers thus P. C. ) and had first ordered his imprisonment , next signed the Letter to His Majesty , and then ordered the Process , and therein manifestly fore-stalled their own judgment ( had they done no more ) it was a wonder , beyond parallel , That , neither their own honour , nor the common decency of justice , nor even His Majesties Advocat's interest , did prevent their being impannelled on that Assize . But the truth is , the Earl did so far neglect , and abandon himself , and give way to the Court , that he did not so much as open his mouth , to clear himself of the Perjury laid to his charge , which yet God Almighty was pleased to do , by the plurality of voices of the same Assize . who it appeares plainly did bear him little kindness : For whereas Assizers do usually return their Verdict , proven or not proven rather then guilty or not guilty , and ought alwise to do so , where the relevancie is in dubio , and especially in a case of this nature , in which the alledged treason is no ouvert act , and indeed no act , nor so much as a real ground of offence , But plainly such a subtile , chimerical , and non-sensical consequence , that the finding it doth quite surpass the comprehension of all unbyassed men ; it might have been expected that persons of their quality would have chosen the more moderate form of proven or not proven , and not involved themselves unnecessarily upon Oath in adjudging the relevancy of a guilt , which so few are able to imagine , and none will ever make out ; Yet you see in their Verdict , that all in one voice they did find the Earl guilty , in the most positive , and strong form : Adding , for superabundance , culpable , for sooth , the better to demonstrate their good will. Nor is it unworthy of remark , that when such of the Assizers as were present at the Council declared the Earl innocent of the Perjury ( which His Majesties Advocate did only pretend to infer from the Earls alledged silence , or not speaking loud eneugh , the first day , when he signed the Test. ) Because they heard him , at the same time , pronounce his explanation : Yet some other Assizers that were no Councellors , and knew nothing of that matter of fact , but by hear-say , without all regard to the witnessing of these Councellors their fellow Assizers , voted him guilty : And so took it formally on their consciences , that he had said nothing , in the Council , at his taking the Test ; Albeit all the Council knew the contrary ( by which they are clearly perjured ) nay such was the earnestness of some ( who thought it scarce possible to carry the treason upon words so safe and innocent ) to have the Earl found guilty of Perjury , that it was particularly recommended to His Majesties Advocate to get him made guilty of that point , to render him for ever uncapable of publik employment . And the Clerk of the Assize was so concerned in it that He twice misreckoned the votes , before he would yeeld that the Earl was assoyled , or acquit of the Perjury And this , among other things , may serve to clear , how that whole matter was influenced , and mannaged : For , as the Earl cannot be charged with Perjury , the second day , because he swore none at all ; So as little the first day , seeing whether he took the Test with an Explanation ( as certainly he did , ) or simply without saying any thing , It is equally apparent , there was no Perjury in the case : But it appears , thir Assizers were of the Opinion , that the Indictment or Libel alone ( as it was indeed the only evidence ) was a sufficient proof of the Earl his being guilty of Perjury . And indeed for any other Rule or Reason that occurs , They might as well have sound him Guilty of the Perjury as of the Treason : But the Assizers that were Councellors being under a Particular check , apprehending they might be found perjured themselves , if they had not acknowledged the hearing of the words , that all others present could have attested to have been audibly spoken , and some of themselves had confessed to have heard , before they knew the tenor of the Libel ; And , the great crime of Treason being sufficient to do the Job , it is like they judged it advisable to give this insignificant absolution from Perjury , That their Verdict of Treason might have the greater colour , and shew of candor , and sincerity . However it seems to be without measure hard to be prosecut with such a deadly Dilemma of either Treason or Perjury , for you see , in their account , if the Earl swear with an Explanation , his Life is knockt down by Treason , and if without an Explanation , his Honour , which is dearer to him then his Life , is run thorow with Perjury . But , to compleat a fancie beyond bedlam , The Advocate urges , and several Assizers agree , at the same time , to condemn the Earl as Perjured , for not Explaining , and for Treason , for Explaining : Quis talia fando ? In the next place , the Earl's Papers contain some thoughts , and endeavours , to remove certain mistakes , which , he had good ground to beleeve , did so much prompt , and precipitat the Iudges to pronounce so important a sentence against him , upon so weak and sandy foundations , and which were indeed either meer fancies , or so frivolous that though they were true they could never excuse them before men , far less exoner them before God Almighty . Where , laying down a true ground , that nunquam concluditur in criminalibus , &c. and withall representing , how his Advocats were questioned , in so extraordinary a manner , for signing their opinion ( which you have above Num. 32. Where you may see how fair , just , and safe it was ) that now they da● no more plead for him , He sayes , He cannot be denyed to plead for himself , as he best may . The first ground of mistake then that he was to represent was that he knew it had been told them , it was very much His Majesties Interest , and necessary for the support of the Government , to devest , and render him uncapable of publik trust : Which words had been oft said , and said to himself to perswade him there was no further rigour intended : But as he is very confident , our gracious King will never , upon any such pretence , allow any innocent person to be condemned , far less to be destroyed , in a picque or frolik , where his Majesty can reap no advantage ; So he is perswaded , His Majesty hath no design to render him miserable , far less to cut him off , without a cause . And therefor concluds , it is only his misfortune , in his present circumstances , never having access to , nor being heard by His Majesty , nor the case perfectly understood by him , that hath made His Majesty give so much as way to a process to be raised or led , far less to a Sentence to be pronounced against him . But in effect , as this affair hath been managed all alongs , and somany engaged , in so extraordinary wayes , to act , and write against him , first and last , nothing should appear strange or surprising : However , as their own consciences , and God Almighty , knows how they have been brought to medle , and act , as they have done , So , one day or other , the world may likewise know it : A second ground of mistake , which , he say's may impose upon them , is a confidence of his Majesties pardon intended for him , a pretence only given out to render the condemnation more easy ; yet indeed least wished for by those who where readyest to spread the report , and whereof the Earl had indeed more confidence then any that talked of it , if His Majesty were left to himself , and had the Case fully , and truely represented to him : but as His Majesty needs not this false occasion to make his clemency appear , which is so well known over all his Dominions , by far more true and genuine discoveries , so it were the hight of injustice in their Lordships of the justitiary to proceed to sentence against him , upon such apprehensions , in case in their hearts they beleeve him innocent ( as he certainly knowes they doe ) besids , they cannot but see , their acting , upon so unjust a ground , will not only stain their names , and memories , but instead of alleviating rather aggravat their guilt , both in their own consciences when they reflect on it in cold blood , and in the sight of God Almighty : And if His Majesty , on importunity and a third application , should give way to execution , as he hath already given way , first to the process , and then to the sentence ; or if ( as some may design ) execution shall be adventured on , without the formality of a new order ( as the process was at first commenced , before His Majesties return , and so is not impossible ) would not their Lordships be as guilty of his blood as if they had cut his throat ? And in effect , these are the grounds and excuses pretended , at this day , in privat , by such of his Judges , for their procedour , who are not yet come to have the Confidence , at all Occasions , to own directly what they have done . A third reason why his Exculpation was not allowed , he says , might be , because the sustaining of it might have brought other Explanations above board , and discover both these who had made , and those who had accepted them , and perhaps not have left their own bench untoutched . But as this Artifice will not keep up the Secret ; And as this way of shifting is neither just nor equall , so to all interested it is the meanest of Securities ; For His Majesties Advocate hath already told us , that His Majesties Officers can never wrong him : And although the Lords and He should conceal what others had done , it might make themselves more guilty , But not prove any Exoneration to those concerned , without a down-right Remission : Whereas it is manifest , that if their Lordships had admitted the Earl's Exculpation , upon the sure and evident grounds therein contained , it would not only have answered the Justice of his case but vindicated all concerned . And lastly , he was to tell them , that possibly they might be inclined to go on , because they were already so far engaged as they knew not how to retreat with their honour : but , as there can be no true honour where there is manifest wrong , and injustice , so , in the frail and fallible condition of human things , there can be no delusion more dangerous , and pernicious then this , that unum scelus est alio scelere tegendum . And here , the Earl thought to lay before them , very plainly and pertinently , some remarkable and excellent Rules , whereby L. Chief justice Hales , a renouned judge of our nighbour nation , tells he did govern himself , in all criminal cases , which ( adds the Earl ) if they took a due impression , would certainly give them peace , and joy , when all the vain considerations that now amuse will avail them nothing . The Rules are these I. Not to be rigid in matters purely consciencions , where all the harm is diversity of judgment . II. That Popular , or Court applause , or distaste , have no influence on any thing is to be done , in point of distribution of justice . III. In a criminal case , if it be a measuring cast , then to incline to mercie and acquital . IV. In criminal things , that consist only of words , where no more harm ensues , moderation is then no injustice . V. To abhor all privat solicitations , of what kynd soever , and by whomsoever . VI. In maters depending , not to be solicitous what men will say or think , so long as the rule of justice is exactly kept . VII . And lastly , never to ingage themselves in the begining of a cause , but reserve themselves un-prejudged , till the whole bussines be heard . Then the Earl goes on , and makes notes , for additional defences , reducible to these heads . I. The absolute innocence of his Explication , in its true , and genuine meaning , from all crime or offence , far more from the horrible crimes libelled . II. The impertinency , and absurdity of His Majesties Advocat's arguings , for inferring the crimes libelled from the Earl's words . III. The reasonableness of the Exculpation . IV. The Earl's Answers to the Advocat's groundlesse pretences for aggravating of his case . As to the first , the Earl , waving what hath been said , from common reason , and humanity it self , and from the whole tenour , and circumstances of his life , comes closs to the point by offering that just , and genuine Explanation of his Explication which you have above Num. 21. I have delayed hitherto to take the Oath appointed by the Parliament to be taken , betwixt and the first of January nixt : But now being required , near two moneths sooner , to take it : this day peremptorly , or to refuse : I have considered the Test , and have seen several objections moved against it , especially by many of the Orthodox clergie , notwithstanding whereof , I have endeavoured to satisfie my self with a just explication , which I ha●e offer , that I may both satisfie my Conscience , and obey Your Highness , and Your Lordships Commands in taking the Test , though the Act of Parliament do not simply command the thing , but only under a certification , which I could easily submit to , if it were with Your Highness favour , and might be without offence ; But I love not to be singular : and I am very desirous to give obedience in this and every thing , as far as I can , and that which clears me is that I am confident , what ever any man may think or say to the prejudice of this Oath , the Parliament never intended to impose contradictory Oaths , and because their sense ( they being the framers and imposers ) is the true sense , and that this Test , enjoyned , is of no privat interpretation , nor are the Kings Statuts to be Interpreted , but as they bear , and to the intent they are made , therefore I think no man , that is no privat Person , can Explain it for another , to amuse or trouble him with ( It may be ) mistaken glosses : But every man , as he is to take it , so is to explain it , For himself , and to endeavour to understand i● , notwithstanding all these exceptions , in the Parliaments which is its true , and genuine sense ; I take it therefore , notwithstanding any scruple made by any , As far as it is consistent with it self , and the Protestant Religion , which is wholly in the Parliaments sense and their true meaning ; Which ( being present ) . I am sure , was owned by all to be the securing of the Protestant Religion , founded on the Word of God , and contained in the Confession of Faith recorded I. 6. p. 1. c. 4. And not out of Scruple as if any thing in the Test did import the contrair : But to clear my self from Cavils , as if thereby I were bound up further then the true meaning of the Oath ; I doe declare that by that part of the Test that there lyes no Oblgation on me &c. I mean not to bind up my self in my station , and in a lawfull way ; still disclaiming all unlawfull endeavours , To wish , and endeavour any alteration , I think , According to my conscience , to the advantage of Church , or State , not repugnant to the Protestant Religion , and my Loyalty : And by my Loyalty I understand no other thing then the words plainly bear , to wit the duty and allegiance of all Loyal Subjects ; and this Explanation I understand as a part , not of the Test or Act of Parliament , but as a qualifying part of my Oath that I am to swear , and with it I am willing to take the Test , if your Royall Highness and your Lordships allow me . Or otherwise , in submission to Your Highness and the Councils pleasure , I am content to be held as a refuser , at present . Which Explanation doth manifestly appear to be so just , and true , without violence or straining , so clear & full without the least impertinency , so notour and obvious to common sense , without any Commentary , so Loyal , and honest , without ambiguity , and lastly so far from all , or any of the crimes libelled that it most evidently evinceth that the words thereby explained are altogether innocent : And therefore it were lost time to use any arguments to enforce it . Yet seing this is no trial of wit , but to find out Common sense , let us examine the Advocats fantastical paraphrase , upon which he bottoms all the alledged crimes , and see whether it agrees , in one jot , with the true and right meaning of the Earl's words ; and ( as you may gather from the indictment ) It is plainly thus . I have Considered the Test ; which ought not to be done , And am very desirous to give obedience , as far as I can , but am not willing to give full obedience ; I am confident , the Parliament never intended to impose contradictory Oaths ; that is , I am confident they did intend to impose contradictory Oaths ; And therefor I think no man can explain it but for himself ; that is to say , every man may take it in any sense he pleases to devise , and thereby render this Law , and also all other Laws , though not at all concerned in this affair , useless : And so make himself a Legislator , and usurp the supreme Authority : And I take it , in so far as it is consistent with it self , and the Protestant Religion , whereby I suppose that it is not at all consistent with either ; nor was ever intended by the Parliament it should be consistent : And I declare that , by taking this Test , I mean not to bind up my self , in my station , and in a lawfull way , to wish , or endeavour any alteration , I think , to the advantage of Church , or State , not repugnant to the Protestant Religion , and my Loyalty : Whereby I declare my self , and all others , free from all obligation to the Government , either of Church , or State , as by law established , and from the duty , and Loyalty of good Subjects ; Resolving of my self to alter all the Fundamentals , both of Law , and Religion , as I shall think fit : And this I understand as a part of my Oath : that is as a part of the Act of Parliament , by which I take upon me , and usurp the Royal Legislative power . Which sense and Explanation as it consists of the Advocat's own words , and was indeed , every word , necessar to infer these horrible crimes contained in the Indictment , So , to speak with all the modesty that truth will allow , I am sure , it is so violent , false , and absurd , that the greatest difficulty must be to beleeve that any such thing was alledged , far more receaved , and sustained in Judgment , by men professing only Reason , far less Religion . But thirdly , if neither the Earl's true , genuine , and honest sense , nor this violent , corrupt , and false sense , will satisfy , let us try what transprosing the Earl's Explanation will do , and see how the just contrary will look . — And it must be thus . I Have considered the Test , nor am I at all desirous to give Obedience , so far as I can ; I am confident the Parliament intended to impose contradictory Oaths ; And therefor I think , every man can explain it for others , as well as for himself , and take it , without reconciling it , either to it self or his own sense of it : And I doe take it , though it be inconsistent with it self , and the Protestant Religion : And I declare , that I mean thereby to bind up my self never ( either in my station , or in any lawfull way whatsoever ) to wish ; or endeavour , in the least , any alteration , tho to the advantage of Church , or State , and tho never so suitable , and no way repugnant , to the Protestant Religion , and my Loyalty : And , though this be the express quality of my swearing , yet I understand it to be no part of my Oath . Now whether this contradictory conversion be not treason or highly criminal , at best , I leave all the World to Judge ; and to make both s●●es of a contradiction , that is both the Affirmative and Negative of the same proposition , treason is beyond ordinary Logik . Escobar finds two contrary wayes may both be probable and safe wayes to go to heaven but neither he nor the Devil himself have h●th●rto adventured to declare two contradictory propositions both damnable , and either of them a just cause to take away mens Lives , Honours , and Fortunes . But where the disease is in the will it is lost Labour to apply Remedies to the understanding ; and must not this be indeed either the oddest treason , or strangest discovery that ever was hear'd of ? The Bishop of Edinburgh sees it not , witnesse his Vindication saying the same , and more , Nor many of the Orthodox Clergie , witness their Explanations , Nor his Royall Highness , in privat , nor at first in Council nor all the Councellors , when together at the Council-board , Nor the President of the Council nor the then President of the Session ( now Chancellour ) though He rose from his seat , to be sure to hear , nor any of the most learned lawyers , witness their signed Opinion , nor the most learned of the Judges on the bench , nor the Generality of the knowing persons , either in Scotland , or England : wonderfull treason one day seen by none , another day seen by so many ! A stander-by hearing the trial , and the Sentence , said , he beleeved the Earl's words were by Popish magik transsubstantiat , for he saw them the same as before ; Another answered , that he verily thought it was so , for he was confident , none could see Treason in the words that would not , when ever it was a proper time , readily also profess his beleefe of transubstantiation , but he beleeved many that professed both beleeved neither . The second Head of the Earl's additional defences contains the impertinencies , & absurdities of the Advocat's Arguings : And here you must not expect any solid debate , For as there is no disputing with those that deny Principles , so as litle with those who heap up Phantastical , and inconsequential inferences , without all shadow of Reason . If a stone be thrown though it may do hurt , yet having some weight it may be thrown back , with equall or more force : But if a man trig up a feather , and fling it , It is in vain to throw it back , and the more strength the less success : It shall therefor serve , by acurso●y discourse , to expose his arguments , which are in effect easier answered then understood ; and , without any serious arguing , which they cannot bear , rather leave him to be wise in his own eyes then by too much empty talk hazard to be like him . He alledges first , that the Earl , instead of taking the Test in its plain and genuine meaning , as he ought , doth declare against , and defame the Act that enjoyned it , which is certainly a great crime : But how ? In as much , sayes the Advocate , as he tells us , That he had considered the Test : Which I have indeed hear'd say was his greatest crime , and that he ought to have taken it , with a profound and devout ignorance , as some of our most inventive Politicians boasted they had done . But the Earl sayes , that he was desirous to give obedience , as far as he could ; whereby , sayes the Advcat , He insinuats that he was not able to give full obedience . This is not the meaning ; but what if it were , and that indeed he coud not ? Have not thousands given no obedience yet even in law are guiltlesse ? And ought not that to please his Highnesse , and the Council , that is accepted of God Almighty , and is all any Mortal can perform ? But the Earl , sayes the Advocate , Goes on , that he was confident the Parliament never intended to impose contradictory Oaths ; whereby , sayes the Advocat , He abuses the people with a beleef that the Parliament did intend to impose such . Wonderfull reasoning ! All men know that Parliaments neither are , nor pretend to be infallible : And in our present case , hundreds of Loyall subjects complain of contradictions , and inconsistencies , some way or other , creept into this Oath ; And even the Council have yeelded , so far , to their Exceptions , as to make an alteration upon it , for satisfying those scruples , far beyond any thing the Earl said ; and such an alteration , as , I beleeve , few dreamed of , and I am certain , none durst have attempted , without their express command and Authority : and yet , in the midst of all this , the Farl's charitable , and honest Opinion , in behalf of the Parliaments good intentions , must be perverted to a direct slander . But , the Earl sayes That every man must explain it for himself ; And so , no doubt , he must , if the Test be either in it self , or in his apprehension , ambiguous , otherwise how can he swear in Iudgment ? But this the Advocate will have to be a mans own sense , and thereupon runs out , That Hereby this Law , and Oath , and all Laws , and Oaths are rendered useless , and to no purpose : And further the legislative Power is taken from the Imposer , and setled in the Taker of the Oath , Which certainly is a most treasonable presumption . But first , although there be no Reason to strain , or mistake the Expression , yet the Earl did not say , That every man must take the Test in his own sense . II. The Council hath now explained the Test , for the clergy : Might not then the Earl , before their Explanation was devised , say , by the Councils allowance , which he had , That he might explain it for himself ? For if an ambiguous proposition , ( the Test for example ) may be reconciled to it self , two different wayes , must not the Taker reconcile it , as in his own sense he thinks it doth best agree with the genuine meaning of the words themselves , and with the sense , he conceaves , was intended by the Parliament that formed it ; especially before the Parliament emitt their own Explanation ? And is it not juster to do it so then in any other mans sense , which he thinks agreesless with the words , abeit they may be thought by others to be reconciliable another way ? III. All this looks like designed mistakes and traps ; for should any man swear , unless he understand ? And where an Oath is granted to be ambiguous , can any man understand , unless , in want of the imposers help , he explain it for himself ? IV. Was ever a man's Explaining an Oath for himself , before taking it , far less his bare saying that he must explain it , before he take it , alledged to be , The overturning of all Laws , and Oaths , and the usurping of the Legislative power , and making of new Laws ? certainly to offer to answer such things were to disparage common Reason . And lastly this is strange Doctrine from the Advocate , who himself , in Council , did allow , not only the Earl his Explanation , but that Explanation to the Clergie , contrary , as appeares by their Scruples , to what they that took it thought either the Parliaments design or the plain words of the Test could bear , and certainly different from the sense many had already taken it in , and wherein others were commanded to take it . And whatever the Advocate may cavil to insnare the Earl , sure he will not allow that by his explaining this Oath he himself hath taken on him the Legislative power of the Parliament . far less , though he should acknowledge it , will any beleeve that he hath , or could thereby make all Laws or Oaths useless . By this you see what strange stuffe he pleads which deserves no answer . But , sayes the Advocate , the Earl affirms , He takes the Test , only as far as it consists with it self , and with the Protestant Religion , by which he most maliciously insinuats that it is inconsistent with both . But , first this only is not the Earl's but the Advocat's addition . 2 ly I would soberly ask the Advocate , or any man , whether the Test , as it includs the Confession in general , and consequently all contained in it , was not either really , or at least might not have been apprehended to be inconsistent with it self ? Else what was the use or sense of the Councils explanation , wherein it is declared , that men doe not swear to every proposition of the Confession , but only to the Protestant Religion therein contained ? And if it was either inconsistent , or apprehended to be so , how could the Earl , or any honest man swear it in other terms , with a safe Conscience ? But thirdly . If Parliaments be fallible , and this Oath , as being ambiguous , needed the Councils Explanation to clear it from inconsistencies , must the Earl's words , when he was to swear , that he took it in so far as it was consistent , be in this case understood as spoken maliciously , and with a criminal intent , when all Sense , Reason , and Religion , made this caution his duty ? And if it be so criminal for one going to swear to suppose a possibility of inconsistencies in it , Is it not manifestly more criminal in others plainly to confess , and grant that there are inconsistencies in it , after they have swallowed it in gross , without any explanation whatsoever ? But , sayes the Advocate , The Earl hath invented a nevv vvay , vvhereby no man is at all bound to the Test ; For hovv can any man be bound , if he vvill obey only as far as he can ? And yet , it will be hard even for the Advocate , tho hesometimes attempts indeed more then he and all the World with him can do , to tell how a man can obey farther : and I am sure , that in a matter of this kind , viz. the free tender of an Oath , all discreet men will Judge the Earl's offer both frank and obliging . Then he asks , To vvhat the Earl is bound , if he be bound no further then he himself can obey ? manifest confusion ! and never either spoke by the Earl , nor at all pertinent to his case ; besides he freely acknowledges , that all men are bound to more then they can do ) or so far as the Test is consistent vvith it self , and the Protestant Religion ( a strange doubting or ! yet , I dare say , imports as much as his Majesty expects of any , and more then the Advocate will ever perform ) But , sayes the Advocate , vvho can determine to vvhat the Earl is bound ? Which sayes plainly , that either the Test agrees with it self , and the Protestant Religion in nothing , or that the Protestant Religion is nothing , Both which the Earl thinks far from truth . But the Advocat's reasoning reflects far more on the Councils Explanation , where it is plainly said , That the Confession is not svvorn to in the Test , but only the Protestant Religion contained in the Confession , so that the Protestant Religion indefinitly is that which is said to be sworn to : Now , pray , is it not much worse for a man to say , that by taking the Test he svvears only to the Confession as it contains or agrees vvith the Protestant Religion ( which is in effect to set the Protestant Religion at variance with its own Confession , and so to reproach and ranverse the standard , & make void the very security that the Parliament intended ) then to say , That he swears the Test as it agrees with it self & the Protestant Religion , which imports no such insinuation ? But from these pleasant Principles He jumps in to this Fantastik Conclusion , That therefore it cannot be denyed but the Earl's interpretation destroyes , not only this Act , but all Government , and makes every mans conscience or humour the Rule of his obedience . But first , as to the whole of his arguing , the Earl neither invents , sayes , nor does any thing , except that he offered his Explanation to the Council , which they likewise accepted . 2ly . What mad inferences are these , You say , you will explain this Oath for your self , therefore you overturn all Government , and vvhat not ? Whereas it is manifest , on the other hand , that if the Earl apprehending , as he had reason , the Oath to be ambiguous , and in some things inconsistent , had taken it vvithout explaining it for himself , or respect to its inconsistency , it might have been most rationally concluded , that in so doing he was both impious and perjured . 3ly . It is false , that the Earl doth make his Conscience , any other way , the rule of his obedience , then as all honest men ought to do : That is , as they say , To be Regula regulata , in conformity to the undoubted Regula regulans , the eternal rules of truth and righteousness , as is manifest by his plain words . As for what the Advocate insinuats of humour insteed of Conscience , it is very well known to be the Ordinary reproach whereby men that have no Conscience endeavour to defame it in others . But the Advocate is again at it , and having run himself out of all consequences , he insists and inculcats , that the Earl hath sworn nothing . But , it is plain that to swear nothing is none of the crimes libelled . 2ly . The Earl swears positivly to the Test as it is consistent vvith it self and the Protestant Religion , which certainly is something ; unless the Advocate prove , as he insinuats , that there is nothing in the Test consistent with either . And 3ly . if the Protestant Religion , and the Earl his reference to it be nothing , then is not only the Council sadly reproached , who , in their Explanation , declare this to be the only thing sworn to , in the first part of the Test , but our Religion quite subverted , as far as this Test can do it . But next for the treason , the Advocate sayes , That the Earl expresly declares , he means not by the Test to bind up himself , from vvishing , or endeavouring , in his station , and in a lavvful vvay , any alteration he shall think for the advantage of Church , or State ; whereby , sayes he , the Earl declares himself , and others , loosed from any obligation to the Government , and from the duty of all good Subjects , and that they may make vvhat alterations they please . A direct contrariety , insteed of a just consequence ; as if to be tyed to Lavv , Religion , and Loyalty , were to be loosed from all three ; can there be a flatter and more ridiculous contradiction ? Next the Advocate pretends to found upon the fundamental Laws of this , and all nations , whereby it is treason for any man to make any alteration he thinks fit for the advantage of Church or State. But first , The Earl is not , nor cannot be accused of so much as wishing , much less endeavouring or making any alteration , either in Church or State , only he reserves to himself the same freedom , for wishing , which he had before his Oath , and that all that have taken it do in effect say they still retain . 2ly . For a man to endeavour , in his station and in a lavvful vvay , such alterations in Church , or state , as he conceives to their advantage , not repugnant to Religion , and Loyalty , is so far from being treason that it is the duty of every subject , and the Svvorn duty of all His Majesties Councellors , and of all Members of Parliament : But the Advocate by fancying , and misapplying Lavvs of Nations , wresting Acts of Parliaments , adding , taking away , chopping and changing words , thinks to conclude what he pleases . And thus he proceeds , That the treason of making alterations is not taken off by such qualifications , of making them in a lavvful vvay , in ones station , to the advantage of Church , or State , and not repugnant to Religion or Loyalty . But how then ? Here is a strange matter ! Hundreds of alterations have been made , within these few years , in our Government , & in very material points , & the Kings best Subjects , and greatest Favourits , have both endeavoured , and effectuat them : And yet , because the things were done according to the Earl's qualifications , insteed of being accounted treason they have been highly commended & rewarded . The Treasury hath been sometimes in the hands of a Treasurer , sometimes put into a Commission , backward and forward : And the Senators of the Colledge of Iustice ( the right of whose places was thought to be founded on an Act of Parliament giving His Majestie the Prerogative onely of presenting ) are now commissioned by a Patent under the great Seal , both which are considerable alterations in the Government , which some have opposed , others have vvished and endeavoured , and yet without all fear of treason , on either hand ; only because they acted according to these qualifications , in a lawful way , and not repugnant to Religion and Loyalty . But that which the Advocate wilfully mistakes ( for it is impossible he could do it ignorantly ) is , that he will have the endeavouring of alteractions in general not to be of it self a thing indifferent , & only determinable to be good or evil by its qualifications ( as all men see it plainly to be ) but to be , forsooth , in this very generality intrinsecally evil ; a notion never to be admitted on earth , in the frail and fallible condition of human affairs . And then he would establish this wise Position by an example he adduces , That rising in arms against the King ( for so sure he means , it being otherwise certain that rising in arms in general is also a thing indifferent , and plainly determinable to be either good or evil as done with or against the Kings Authority ) is treason , and sayes , If the Earl had reserved to himself a liberty to rise in arms against the King , though he had added in a lavvful manner , yet it would not have availed , because , ( and he sayes well ) This being in it self unlavvful the qualifications had been but shamms and contrariae facto . But why then doth not his own reason convince him , ●here the difference lyes ? viz. That rising in arms against the King is in itself unlawful , whereas endeavouring alterations is only lawful , or unlawful , as it is qualified ; and , if qualified in the Earl's Terms , can never be unlawful . But , sayes the Advocate , The Earl declares himself free to make all alterations , and so he would make men beleeve that the Earl is for making All or Any , without any reserve , whereas the Earl's words are most express , that he is , Neither for making all or any , but only for wishing and endeavouring for such as are good , and lawful , and in a lawful way , which no man can disown , without denying common reason , nor no sworn Councellour disclaime , without manifest perjury . But the Advocat's last conceit is , That the Earl's restriction is not as the King shall think fitt , or as is consistent with the Law , but that himself is still to be judge of this , and his Loyalty to be the standard . But first , The Earl's restriction is expresly according to Loyalty , which in good sense is the same with according to Law , and the very thing that the King is ever supposed to think . Secondly , as neither the Advocate , nor any other , hitherto , have had reason to distinguish the exercise , and actings of the Earl's Loyalty from those of His Majesties best Subjects , so is it not a marvellous thing that the Advocate should prosesse to think ( for in reality he cannot think it ) the Earl's words , His Loyalty , which all men see to to be the same with his duty , and sidelity , or what else can bind him to his Prince , capable of any quible , farr more to be a ground of so horrid an accusation ? And whereas the Advocate sayes , The Earl is still to be judge of this ; It is but an insipid calumny , it being as plain as any thing can be that the Earl doth nowise design His thinking to be the rule of right , and wrong , but only mentions it as the necessary application of these excellent , and unerring rules of Religion , Law , and Reason , to which he plainly resers , and subjects , both his thinking and himself , to be judged accordingly . By which it is evident , that the Earl's restriction is rather better , and more dutyful then that which the Advocate seems to desiderat : And , if the Earl's restrictions had not been full eneugh , it was the Advocat's part , before administrating the Oath , to have craved what more he thought necessary , which the Earl , in the case , would not have refused . But it is beleeved , the Advocate can yet hardly propose restrictions more full and suitable to duty then the fore-mentioned of Religion , Law , and Reason , which the Earl did of himself profer . As for what His Majesties Advocate add's , That under such professions , and reserves , the late Rebellions , and disorders , have all been carried on , and fomented ; It is but meer vapour ; for , no rebellion ever was , or can be , without a breach of one , or other of the Earl's Qualifications ; which doth sufficiently vindicat that part of the Earl's Explanation . The Advocate insists much , that Any is equivalent to All ; and that All comprehends Every particular under it ; which he would have to be the deadly poyson in the Earl's words : And yet the Earl may defy him , and all his detracters , to find out a case of the least undutifulness , much less of rebellion , that a man can be guilty of , while he keeps within the excellent Rules , and limitations , wherewith his words are cautioned . I could tell you further , that so imaginary , or rather extravagant , and ridiculous is this pretended Treason that there is not a person in Scotland , either of these who have refused , or who by the Act are not called to take the Test , that may not upon the same ground and words be impeach't , viz. That they are not bound ( and so without doubt both may and do sa● it ) by the Test , in their station , &c. to wish and endeavour any alteration , &c. Nay I desire the Advocate to produce the man , among those that have taken the Test , that will affirm , that by taking it he hath bound up himself never to wish or endeavour any alteration , &c. according to the Earl's Qualifications , and I shall name hundreds ( to Whom his Highness , as you have heard , may be added ) that will say they are not bound up . So that by this conclusion , if it were yeelded , all Scotland are equally guilty of treason , the Advocate himself , to say nothing of His Royal Highness , not excepted : Or if he still think he is , I wish he would testify under his hand to the World , that , by his Oath he is bound up never to wish , nor endeavour any alteration he thinks to the advantage of Church or State. in a lavvful way , nor in his station , though neither repugnant to the Protestant Religion , nor his Loyalty . And if this he do , he does as a man , if not of sense , at least of honour ; but if not , I leave a blank for his Epithets . But that you may see that this whole affair is a deep Mystery , Pray , notice what is objected against the last part of the Explanation . This I understand as a part of my Oath . Which , sayes the Advocate , Is a treasonable invasion upon the Royal Legislative power , as if the Earl could make to himself an Act of Parliament , since he who can make any part of an Act may make the whole . And then , say I , farewell all Takers of the Test with an Explanation , whether the Orthodox clergy , or Earl Queensberry ( tho himself Justice generall ) who were allowed by the Council so to do : seing that whether they hold their Explanation for a part of their Oath or not yet others may , and in effect all men of sense doe understand it so : and thus , in the Advocat's Opinion , they have treasonably invaded the Legislative povver , and made an Act of Parliament to themselves : Neither , in that case , can the Councils allovvance excuse them , seing not only the Earl had it , as well as they , but even the Council it self cannot make an Act of Parliament , either for themselves , or others . But Sir , I protest , I am both ashamed , and wearied of this trifling ; And therefore to shut up this Head , I shall only give a few remarks . First , you may see , by the Acts of Parliament upon which the Advocate sounds his indictment , that as to Leasing-making and depraving Laws , all of them run in these plain , and sensible terms ; The inventing of narrations , the making , and telling of lyes , the uttering of wicked , and untrue calumnies , to the slander of King , and Government , the depraving of his Laws , and misconstruing his proceedings , to the engendering of discord , moving and raising of hatred , and dislike betwixt the King and his People . And , as to treason , in these yet more positive terms ; That none impugne the dignity and authority of the three Estats , or seek , or procure the innovation , or diminution thereof . Which are things so palpbale , and easily discerned , and withall so infinitly remote both from the Earl's words and intentions , or any tolerable construction can be put on either , that I confess , I never read this indictment but I was made to wonder that its forget and maker was not in looking on it deterred by the just apprehensions he might have not only to be sometime accused as a manifest depraver of all Law but to be for ever accounted a gross , and most disingenuous perverter of common sense . The Earl's words are sober , respectful , and duty fully spoken , for the exoneration of his own Conscience , without the least insinuation of either reflection or slander . much less the impugning of the Authority of Parliament , as the Earl may appeal not only to his Majesties true and Royal sense , but to the most scrupulous , and nyce affecters of the exactest discerning , besids that they were first formally tendered in Council , for their approbation , and by them directly allowed ; How then can any man think , that they could be charged with the greatest and vilest of crimes , Leasing-making , depraving , perjury , and treason ? But the Advocate tells us , That there are some things which the law commonly forbids in general , and that some inferences are as natural , and strong , and reproach as soon or sooner then the plainest defamations . But what of all this ? Must therefore such generalls be left to the phantastik application of every wild imagination , to the confounding of the use of speach , and subverting of of humane Society , and not rather be still submitted to the Judgement of common sense , for their true and right understanding , and the deducing thence these strong and natural inferences talk't of ? Of which good sense if the Advocate do but allow a grain weight , it is evident that the inferences he here libells against the Earl must infallibly be cast , and by all rational unbyassed men be found strange , unnaturall , and monstrous . For S r 2ly , pray , observe these rational , and sound Maxims he sounds his inferences on , and they are manifestly these . First , That he who sayes he will onely obey as far as he can invents a new way whereby no man is at all bound to obey . 2ly , That he who in the midst of hundreds of exceptions , and contradictions objected against on Oath , injoyned by Act of Parliament , and still unanswered , sayes , that he is confident the Parliament never intended to impose contradictory Oaths , reproaches the Parliament . 3ly . That he that sayes he must explain an ambiguous Oath for himself , before he take it , renders all Laws , and Oaths useless and makes himself the Legislator . 4ly , That he that sayes that he takes this Oath , as far as it is consistent with it self , and the Protestant Religion , swears nothing . 5ly , That he that declars himself not tyed up by the Test from endeavouring , in a lawful way , such alterations as he thinks to the advantage of Church , and State , consistent with Religion , and Loyalty , declares himself , and all others , loosed from the Government , and all duty to it , and free to make any , and all alterations that he pleases . And 6ly That he that takes the Test with an explanation , and holds it to be a part of his Oath , invads the Legislative power , and makes Acts of Parliament . Upon which rare , and excellent propositions , I dar say , The Earl is content , according to the best Judgment , that you , and all unbyassed men , can make either of their truth , or of my ingenuity in excerping them , to be adjudged guilty or not guilty , without the least fear , or apprehension of the issue . And in the third and last place , I shall only intreat you to try how the Advocat's reasoning will proceed in other cases , and what brave work may be wrought by so usefull a tool . Suppose then a man refuse the Test simply , or falls into any other kind of non-conformity , either civil , or Ecclesiastik , or pay's not the Kings custom , or other dues , or lastly understands an Act otherwise then the Advocate thinks he should , is not his Indictement already formed , and his process as good as made ? viz. That he reguards not the Law , that he thinks it is unjustly , or foolishly enacted , that he will only obey as far as he can , and as he pleases , and thereby renders all Laws useless , and so reproaches the King and Parliament , and impugns their Authority , and assumes to himself the Legislative power , and therefore is guilty of Leasing-making , depraving his Majesties Lavvs , and of treason ; of which crimes above mentioned or one or other of them , he is actor art and part : Which being found by an Assize , he ought to be punished , with the pains of death , forfaulture and escheat of lands and goods , to the terror of others to doe or commit the like hereafter . And , if there be found a convenient Judge , the poor man is undoubtedly lost . But , Sir , having drawn this parallel , rather to retrive the Earl's case , then to make it a precedent , which , I hope , it shall never be , and choosing rather to leave the Advocate then follow him in his follies , I forbear to urge it further . These things considered , must it not appear strange , beyond expression , how the Earl's Explanation , such as it is , did fall under such enormous and grievous misconstructions : For , setting aside the Councils allowance , and approbation , ( which comes to be considered under the next head ) suppose the Earl , or any other person , called before the Council , and there required to take the Test , had , in all due humility , said , either that he could not at all take it , or , at least not without an Explanation ; because the Test did contain such things as , not only he , but many other , and those the best of the Loyal and Orthodox Clergy , did apprehend to be contradictions , and inconsistencies : And thereupon had proponed one or two such as the Papers above set down do plainly eneugh hold out , and the Bishop in his Explanation rather evades then answers ; would it not be hard , beyond all the measures of equity , and charity , to look upon this as a designed reflection , far more a malicious and wicked slander and the blackest treason ? We see the Act of Parliament doth not absolutly injoyn the taking of the Test , but only proposeth it to such as are intrusted in the Government , with the ordinary certification , either of losing , or holding their Trusts , at their option . We know also , that , in cases of this nature , it is far more suitable both to our christian liberty , and the respect we ow to a christian Magistrat , to give a reason of our consciencious non-complyance , with meekness , and fear , then , by a mute compearance , to fall under the censure of a stubborn obstinacy . And lastly , it is certain , and may safely be affirmed , without the least reproach , that Parliaments are not infallible , as witness the frequent changes , and abrogations of their own Acts , and their altering of Oaths imposed by themselves , and even of this Oath , after it was presented , which the Earl was not for altering , so much as it was done , as I told you before : How then can it be that the Earl appearing befor a christian Council , and there declaring in terms , at the worst a litle obscure , because too tender , & modest , his Scruples at an Oath presented to him , either to be freely taken , or refused , should fall under any censure ? If the Earl had , in this occasion , said , he could not take the Test. unless liberty were given him first to explain himself , as to some contradictions , & inconsistencies , which he conceaved to be in it , though he had said far more then is contained in his contraverted Explanation , yet he had said nothing but what Christian liberty hath often freely allowed , and christian charity would readily construe for an honest expression of a commendable tenderness , without any imputation of reproach against either King or Parliament . How much more then is his part clear and innocent , when , albeit so many thought the contradictions to be undeniable , yet such was his well tempered respect , both to God , and man , to his own conscience , and his Majesties Authority , that before , and not after , the taking of this Oath , to clear himself ( in the midst of the many exceptions , and scruples raised ) of all ambiguities in swearing , he first applies himself , for a satisfying Explanation , to the Parliament , the prime imposers , their true intentions and genuine meaning , and then gathering it , very rationally , from the Oaths consistency with it self , and with the Protestant Religion , the Parliaments aim and scope , and so asserting the King and Parliaments truth , and honour , he places the reliefe , and quiet of his own Conscience in his taking the Test with this Explanation , and in declaring its congruity with his Oath , and duty of Allegiance . The third Head of the Earl's additional defences is the further clearing , and improving of his grounds of Exculpation , above adduced , and repelled : Which were , first , that , before the Earl did offer his Explanation to the Council , a great many Papers were spread abroad , by some of the Orthodox Clergy , charging the Test with contradictions & inconsistencies . 2ly . That there was a paper penned by a reverend Bishop , and presented and read in Council , and by them allowed to be printed , which did contain the same , and far more important things then any can be found in the Earl's Explanation : And consequently , far more obnoxious to all His Majesties Advocat's accusations . 3ly . That the Explanation upon which he was indicted was publikly by himself declared in Council , and by the Council allowed , so that the Oath was administrat to him , and he received to sit in Council and vote , by His Highness , and the rest of the Members , with and under this express qualification . But , to all urged for the Earl's Exculpation the Advocate makes one short answer , viz. That if the Earl's paper did infer the crimes charged on it , a thousand the like offences cannot excuse it : And his Majesty is free to pursue the offenders , when , and in what Order , he thinks fit : which answer doth indeed leave the Council , and all concerned , in his Majesties mercy : But that it doth no way satisfie the Earl's plea is manifest : For , the first ground of Exculpation , viz. that before the Earl did offer his Explanation a great many papers , writ by the Orthodox Clergy , and others , were abroad , charging the Test with Contradictions , &c. was not alledged by the Earl merely to justify his Explanation by the multitude of the like papers , and so to provide for an escape in the croud : But , the Earl having most rationally pleaded , that his Explanation was given in by him , after these many Scruples and Objections raised by others were abroad , it was a good Plea , from a most pregnant circumstance , clearing , both the design , and sense of his words , from the soul aspersions of reproaching , and depraving , thrown upon them : Seing the words spoken by him under the motive of such a circumstance , by all fair rules of interpretation , insteed of being judged misconstrueing and depraving , could only be understood as a seasonable asserting of the integrity of the Parliaments intentions , and the uprightness of the Earl's Conscience : which argument being in reason unanswerable , it necessarly follows that the Advocat's return to the first ground : was neither sufficient nor pertinent , and that therefore the Exculpation was unjustly repelled . But next , the second ground of Exculpation is so far from being answered by the Advocate that it does not appear it was so much as understood ; For , the Earl's argument being , That words allowed & approven by the Council can never fall under the accusation , either of Leasing-making , or slandering his Majeslies proceedings , or depraving Laws , and Acts of Parliament , as is evident in it self , and granted by the Advocate , where he say's that an Explanation , though reflecting on the King , and Goverment ( which the Earl's was not ) yet if allowed by the Council , is to be sustained . But so it is that the Council hath allowed the words contained in this Explanation contraverted , both in themselves , and also in their equivalent , and far more important expressions : As for instance , not only by accepting the Earl's Explanation ( as shall be cleared in the next place ) but by giving warrand for the publication of the Bishop of Edinburgh his Vindication , wherein , First , for obviating the contradictions objected from the Confession of Faith , he positively asserts , that by the Test men do not swear to own every Article of that Confession ; and yet the Test binds expresly to beleeve that Confession to be founded on and agreable to the Word of God , and never to consent to any alteration contrary thereto , or inconsistent therewith : So that he gives both the Test and the Parliament the Lye. And then , for removing another Scruple , he tells us , that By the Test men are not bound up from regular endeavours to rectify or better the established government , both of Church , and State , which is clearly the same thing , ( but not so well cautioned ) with that which in the Earl's case is made a ground of treason : From which it unquestionably followes , that the Earl's words , having been allowed , and approven by the Council , could never , in Law , or reason , be thereafter made a ground of accusation , by any , much less by themselves . Now I desire to know where the Advocate , in all his Plea , doth so much as notice , far less answer , this defence , or what his telling us , A thousand offences of the like nature doth not excuse one , either doth , or can signify ? seeing this argument for the Farl , insteed of pleading excuses , doth justify the matter , and for ever purge all shadow of offence or ground of quarrel , which will be yet more apparent , when you shall adde to this the third ground of the Earl's exculpation , viz. That the explanation , whereupon the Earl was indicted , was publikly by himself declared in Council , and by the Council allowed and accepted : In so much as , after he had given his Explanation as the sense wherein he was free to swear the Test , the Oath was thereupon administrat to him , and he received to sit , and vote as a Councellour . Whereby it is evident , That , by this allowance , and acceptance , the Earl's Explanation became the Councils , as much as if , after the Earl's pronouncing the words , they had verbatim repeated them , and told him , they were satisfied he should swear the Test in these terms : And whether this ought not to be a sufficient exoneration to the Earl , let all men judge . The Advocate makes a noise , That in the case of an Oath required the taker ought to swear it in the sense of the imposer , ( which none doubts ) and then runs out , That The Earl in place of taking it in the imposers sense , did unwarrantably intend a sense of his own , to the eluding and frustrating of the obligation of this , and all other Oaths . But all this is nothing to the purpose , for waving that in the Earl's case it is most impertinent to talk of his obtruding of a sense , to the eluding , and frustrating of the obligation of his Oath , seeing his Oath was not then given , or at all in being , it is expresly alledged by the Earl , and notour that the Explanation tendered by him , when called to take the Test , was accepted by the Council , and the Oath thereupon administrated , and so the Earl freely joyns issue with the Advocate , and acknowledging that the taker of the Oath ought to swear in the sense of the imposer , subsumes in terminis , that he himself did swear so , and not otherwise , in as much as he did swear in a sense accepted by the Council , before he gave his Oath , as is evident . 1. By their commanding him to sit after he had sworn , and 2. In that neither the Advocate , nor any other , had ever the confidence to quarrel his sitting , as a breach of the Law , which no doubt they had done , if not convinced that by taking the Oath he had satisfied the Act of Parliament ; which things , in true dealing and the construction of all honest men , are the same as if the Oath had been required of him by the Council , in the very sense and words of this Explanation . Neither is it material whether the Explanation offered by the Earl doth deserve ( as certainly it doth not ) these many ill names , which the Advocate would fix upon it , because though it had been much worse then it is , yet being offered to the Council , and submitted to their judgment , and they having accepted it , the thing became quasi res judicata , and cannot be retracted , without subverting the surest Rules , both of truth , and government . The Advocate indeed tels us , 1 That the Council heard not the Earl's Explanation : But I have already told you they did hear it , and the Earl is still ready to prove it : And suppose some say they did not hear it distinctly , ( As what thing spoke in Council is distinctly heard and considered by all ? ) Yet it being certain that they did all approve it it is sufficient to the Earl : And it is only their concern , whether in approving what they did not hear they observed their Oath De fideli , &c. or not . His Highness , who the Earl was most concerned should hear , did certainly hear , as himself afterwards acknowledged . 2. The Advocate sayes , That the hearing and allowing the ●arl to sit is no relevant plea ; yea further though all the Council had allowed him that day , yet any of his Majesties Officers might have quarrelled him the next day . But first , I would gladly know , upon what head ? For if upon obtruding a sense of his own , it is undenyable that whatever the sense was the obtruding of it was purged by the Councils acceptation , and it became theirs , and was no more his . Butif the Advocate doth think , that even the matter of the Explanation , though allowed and accepted , may still be quarrelled : Then. 1. I hope , he will consider in what terms he doth it , for if he charge it after it becomes the Councils ( as in truth he hath done already ) with the same liberty wherewith he treats it as the Earl's , he runs fair to make himself the Arrantest defamer and slanderer of the King and Council , that ever yet attempted it . But 2ly , It merits a worse name then I am free to give it to say , That an Explanation allowed by the Council , in the administrating of an Oath proper to be administrat by them , doth not secure the taker as to that sense , both in Law and Conscience : Seeing in effect this quite takes away the best grounds of assurance among men , and turns their greatest security to their greatest snare . And 3ly , If this be sound Doctrine , it is worth the enquiring , what security the Clergy , to whom the Council , as you have hear'd , did indulge an explanation , have thereby obtained : For as to such Laiks as did only at their own hand take hold of , and snatch at this indulgence , not provided for them by the Councils Act , it is clear their doom is dight . It is not here debated how far that Explication of the Councils may satisfy , and quiet Conscience , let such concerned see to it . Some please themselves with a general notion . That if the sense given by the Administrator be sound then it is also safe , whether it be agreeable to the plain , and genuine meaning of the Oath or not , nay whether it be agreeable to the sense of the first Imposers or not : But others , who consider , more rendetly , what it is to swear in Truth , and in Iudgment , think it rather a prophanation , and a sinful preferring of the credit of men to the glory of the Almighty , to offer to smooth an Oath by a disagreeable interpretation , when in effect the Oath it self ought to be changed : But the thing in question is about the security of life and fortune , for seeing the Councils Explanation is , at least , to say no worse , lyable enough to the calumnies of an inventive malice , and the Advocate telleth us , Though all the Council had allowed a man to swear with an Explanation , yet any of His Majesties Officers may , the next day , quarrel him , It is evident that this allowance can affoord him no security . It is true the Advocate may alledge , and possibly find a difference betwixt the Councils emitting and their accepting of an Explanation But as in truth there is none , more then betwixt a Mandat and a Ratihabition , so I am confident , if ever the thing come to be questioned , this pretence will evanish and come to nothing . It is likewise to be remembred , that when the Earl , the next day after he took the Test ; was questioned for the Explanation he had made , and required to exhibit a copie ( which was afterwards made the ground of his indictment ) so soon as he observed that some began to carp , he refused to sign it , demanded it back , and would have destroyed it , as you have heard , which were all clear Acts of disowning and retracting , for eviting offence , and of themselves sufficient to have prevented any further enquiry , there being nothing more just and humain then that words , though at the first hearing offensive , yet if instantly retracted when questioned , should be past : But this , as well as other things , must in the Earl's case be singular , and whether he plead the Councils allowing or his own disowning ( as in effect he doth both ) it is equally to no purpose , the thing determined must be accomplished . You heard before , how that a reverend Bishop , and many of the Orthodox Clergy did take a far greater liberty of Explanation then the Earl pretended to : you see also that first the Council allowes his words , whereupon he rests : And when he finds that they begin to challenge he is willing to disown : And withall it is undeniable , and acknowledged by the Council themselves , that the Test , as it stands in the Act of Parliament , is ambiguous , and needs to be explained : And the Earl may confidently averr , that of all the Explanations that have been offered ( even the Councils not excepted ) his is the mostsafe , sound , and least disagreeable to the Parliaments true sense and meaning . And yet , when all others escape , he alone must be seased , and for a thing so openly innocent , clearly justifiable , and undeniably allowed , found guilty of the worst of crimes , even Leasing-making , Leasing-telling , Depraving of Laws , and Treason ; but all these things God almighty sees , and to him the judgment yet belongs . And thus I leave this dscourse shutting it up with the case of Archbishop Cranmer , plainly parallel to the Earl's , to show how much he was more favourably dealt with by the King , and Government , in those dayes , then the Earl now is , though he live under a much more merciful ; and just Prince then that worthy Prelate did , for Cranmer being called and promoted by Henry VIII . of England to be Archbishop of Canterbury , and finding an Oath was to be offered to him , which , in his apprehension , would bind him up from what he accounted his duty , he altogether declined the dignity and preferment , unless he were allowed to take the Oath with such an Explanation as he himself proposed , for salving of his Conscience ; and though this Oath was no other then the statut , and solemn Oath , that all his Predecessors in that See , and all the mitered Clergy in England had sworn , yet he was admitted to take it , as you see in Fuller's Church hist : Of Britain Lib : 5 p. 185 and 186 , with this formal Protestation . In nomine Domini , Amen . Coramvobis &c. Non est , aut erit meae voluntatis , aut intentionis , per hujusmodi juramentum veljuramenta , qualitereunque verba in ipsis posita sonare videbuntur , me obligare ad aliquid , ratione ●orundum , post hac dicendum , faciendum , aut attentandum , quod erit , aut esse videbitur , contra Legem Dei , vel contra illustrissimum Regem nostrum Angliae , Legesve , aut Praerogativas Esusdem : Et quod non intendo per hujusmodi juramentum , veljurament● , quovis modo me obligare , quo minus libere loqui , consulere , aut consentire valeam ; in omnibus , & singul●s Reformationem Religionis Christianae , Gubernationem Ecclesiae Anglicanae , & Praerogativam Coronae ejusd●m Reipublicae , vel commoditatem earundem , quoquo modo concernentibus ; & e● ubique exequi , & reformare , quae mihi in Ecclesia Anglicana reformanda videbuntur : Et secundum hanc interpretationem , & intellectum hunc , & non aliter , neque alio modo , dictum juramentum me praestiturum protestor , & profiteor . That is to say . In the Name of God , Amen . Before yow &c. It neither is , nor shall be , my will or meaning , by this kind of Oath , or Oaths , and however the words of themselves shall seem to sound or signify , to bind up my self , by vertue hereof to say , do or endeavour any thing , which shall really be , or appear to be , against the Law of God , or against our most illustrious King of England or against his Laws and Prerogatives : And that I mean not , by this my Oath , or Oaths any wayes to bind up my self from speaking , consulting , and consenting freely , in all , and every thing in any sort concerning the Reformation of the Christian Religion , the Government of the Church of England , and the Prerogative of the Crown of the Commonwealth thereof , or their advantage and from executing , and reforming such things as I shall think need to be reformed in the Church of England : And according to this Explanaton , and sense , and not otherwise nor in any other manner , do I protest , and profess , that I am to take , and perform this Oath . Nor did that excellent Person , sayes Mr Fuller , smother this privatly in a corner , but publikly interposed it , three severall times , once in the Charter-house , before authentik witnesses , again upon his bended knees , befor the high Alter , in view and hearing of many people , and Bishops beholding him , when he was consecrated , and the third time , when he received the Pall , in the same place . Now would it not be very strange if the like liberty should not be allowed to the ●arl , under His Majesty , in reference to the Test , which Henry the VIII . a Prince that stood as much on his Prerogative as ever any , did vouchafe to this Thomas Cranmer , who , as another Historian observes acted fairly , and above-board : But there wanted then the high and excellent designs of the great Ministers , The rare fidelity of Councellors , sound Religion and tender piety of Bishops , solid Law and Learning of Advocates , incorruptible integrity of Judges , and upright honesty of Assizers , that now we have , to get Archbishop Cranmer accused , and condemned , for Leasing-making , depraving Laws , Perjury , and Treason , to which accusation his Explanation was certainly no less obnoxious then the Earl's . But I hasten to the fourth , and last head of the Earl's additional defences , viz The removing certain groundless pretences , alledged by the Advocate , for aggravating the Earl's offence : ASI . That the Earl , being a Peer , and Member of Parliament , should have known the sense of the Parliament , and that neither the Scruples of the Clergy , nor the Councils proclamation , designed for meer Ignorants , could any way excuse the Earl for offering such an Explanation . But , first , the Advocate might have remembred , that in another passage he taxes the Earl as having debated in Parliament against the Test , whereby it is easy to gather , that the Earl having been in the matter of the Test a dissenter , this quality doth rather justify then aggravat the Earl's Scrupling . 2ly . If the proclamation was designed for the meer Ignorants of the Clergy , as the Advocate calls them , who knew nothing of what had past in Parliament , an Explanation was far more necessary for the Earl , who knows so little of what the Advocate alledges to have past in Parliament , viz. That the Confession of Faith was not to be sworn to as a part of the Test , that of necessity ( as I think ) he must know the contrary ; In as much as , first , this is obvious from the express tenor of the Test , which binds to own , and profess the true Protestant Religion , contained in the Confession of Faith , and to believe the same to be agreable to the Word of God ; as also to adhere thereto , and never to consent to any change contrary to , or inconsistent with the said Protestant Religion , & Confession of Faith : Which to common sense appears as plain , and evident , as can be contrived , or desired . But 2ly , It is very well known , that it was expresly endeavoured , and carried in Parliament , that the Confession of Faith should be a part of the Test and Oath : For the Confession of Faith being designed to be sworn to , by an Act , for securing the Protestant Religion ( which you have heard was prepared in the Articles , but afterwards thrown out ) when this Act for the Test was brought in to the Parliament , some dayes after , by the Bishop of Edinburgh , and others , the Confession was designedly left out of it : But it being again debated , that the bare naming of the Protestant Religion , without condescending on a Standard for it , was not sufficient , the Confession of Faith was of new added : And , after the affirmative clause for owning it , and adhering to it was insert , upon a new motion , the negative , never to consent to any alteration , contrary to , or inconsistent with the said Protestant Religion , and Confession of Faith was also subjoyned : But not without a new debate and opposition made against the words , And Confession of Faith , by the Bishop of Edinburgh , until at length he also yeelded , All which , it is hoped , was done for some purpose : And if , at that time , any had doubted of the thing , he had certainly been judged most ridiculous : For it was by that addition concluded by all that the Confession was to be sworn , and further it appears plainly , by the Bishop of Edinburgh his vindication , that , when he wrote it , he believed the Confession was to be sworn to , for he takes pains to justify it ( though calumniously enough ) alledging , That it was hastily compiled , in the short space of four dayes , by some Barrons and Ministers , in the infancy of our Reformation . ( Where , by the by , you see that he makes no reckoning of what the Act of Parliament , to which the Test refers , expresly bears , viz. That that second Ratification 1567. which we only have recorded , was no less then seven years after this Confession was first exhibited , and approven Anno 1560. But moreover , he tells us , That the Doctors of Aberdeen , who refused the Covenant , vvere yet vvilling not only to subscribe , but to svvear this Confession of Faith. Which again , to answer the Bishops critik of four dayes , was more then 70. years after it was universally received . It 's true , that , when the Bishop finds himself straitned how to answer objections , he is forced to make use of the new Gloss ( I shall not call it of Orelans ) whereby the Protestant Religion is made to be sworn to only as far as every man pleases to interpret , & as far as may be consistent with any new principles of state . But the Parliament certainly ( I do not speak ironically ) did intend by this Test to swear & assert the True Protestant Religion , and the said Confession of Faith , whatever may be now pretended . The Earl could not also but very well remember what His Highness had said to himself , about the inserting of the Confession , and no doubt , the Advocate , if ingenuous , knows all this : For the thing was at that time mater of common talk , and indeed , till Papers objecting contradictions , and inconsistencies betwixt the Confession and the rest of the Test began to be so numerous ( which was about the end of October ) that there was no possibility left to answer them , but by alledging . That in the Test men do not swear to every article and proposition of the Confession , but only to the Protestant Religion therein contained , this point was never doubted . And whether this answer be true , and a solid Vindication , consonant to the words of the Test , or a circulating evasion enervating all its force , let others judge . But the Advocate sayes , When it was moved in Parliament to read the Confession it was waved : Most true : & the reason given by the Bishops for it was that it was notour , they knew it . and it was already insert in the Acts of Parliament : And , the truth was , the reading of it would have spent more time then was allowed on examining the whole Test. It was likewise late , after a long Sederunt , and it was resolved to have the Act passed that night , & so it went on . But it was likewise moved to read the Covenant , seing it was to be disclaimed , and this was flatly refused . And will the Advocate thence infer , That by the Test the Covenant is not abjured , albeit it be most certain , that many in the Parliament , at that time , had never read the one or the other ? But to follow the Advocat's excursions , and answer them more particularly : The motion for reading the Confession being made , on this very occasion , because it was to be insert in the Test and sworn to , concluds enough against him : For no body can be so effronted as to say , it was used in Parliament as an argument not to read it , because it was not to be sworn to , but ( though it cost a debate ) it was plainly agreed to be sworn to , and therefore insert . 2ly . Can any man doubt , the Confession was to be sworn to , when it is notour that severalls who were members of Parliament , and , by reason of offices they enjoyed , were called to swear the Test , pretending , with reason , tenderness of an Oath , did , before swearing , make a fashion at least of reading and studying the Confession , to satisfy themselves how far they might swear it . And that this was done by an hundred , I can attest themselves . Lastly it is certain that , vvhen , in the end of October , the Bishop of Edenburgh did quarrel S r George Lockhart for causing the Confession to be insert in the Test , & he answered that without it a Turk might sign the Test , it vvas not then pretended by the Bishop that the Confession vvas not to be svvorn to , and therefore he at that time had no reply But this is a debate , I confess , not altogether necessary for my present task , only thereby you may see ground enough for the Earl to believe the Confession vvas svvorn to : And all that did svvear , before the Councils Explanation , having svvorn in that sense , and , for ought I knovv , all ( except the Clergy ) being by the Councils Act still bound to do so , It vvas not strange the Earl might be of this Opinion . And seeing that many of the Contradictions vvere alledged to arise hence , and the Earl being a dissenter , it vvas yet less strange that the Earl did scruple ; nor is it unreasonable that his modest Explanation should have a most benign acceptance . The second pretence of aggravation is , That his Majesty did not only bestow on the Earl his Lands , and Iurisdictions fallen into his Majesties hands by the forfaulture of his Father , but also pardon him the crimes of Leasing-making and Misconstruing , whereof he was found guilty by the Parliament 1662. And raised him to the title and dignity of an Earl , and to be a member of all his Majesties Iudicatories . All vvhich the Earl , as he hath ever , doth still most thankfully acknovvledge . But seeing the Advocate hath no vvarrand to upbraid him vvith his Majesties favours , and that these things are novv remembred vvith a manifest design to raise dust , and blind strangers , and to add a very ill thing , Ingratitude , to the heap of groundless calumnies cast upon him , I must crave leave to ansvver a little more particularly , and refute this new tout ( as the scots proverb is ) in an old horn . This old Leasing-making is then novv brought in seriously after it hath been treated in ridicule for 18 years , by the very Actors vvho did never pretend to defend it in cold blood : And , vvere it not to digress too much , I could name the persons , and make them ( if capable ) think shame of their falshood , and prevarications in that point , and of their abusing His Majestie , and prostrating Justice , but I forbear . The Advocate , in his book of pleadings , makes this a Stretch , and sayes , His Majesty rescinded it . And His Majesty himself hath , several times , exprest his sense of the stretches made by some against the Earl , at that time . It is well known the Family of Argyle is both ancient and honourable , and hath been Loyal and serviceable to the Crown for several hundreds of years : but they must now be destroyed , for having done , and being able , as they say , to doe too much , which others neither can nor will do . Neither is the Advocate ignorant that the only failing that Family hath been charged with , in all that long tract of time , was a complyance of the late Marqueis of Argyle the Earl's Father , in the time of the late Usurpation , by sitting in the then Parliament of England , some years after all the standing forces of the Kingdom were broken , His Majesty beyond sea , the whole Countrey overrun , the Usurpers universally acknowledged , and neither probability of resistance , nor possibility of shelter left to any that were most willing to serve His Majesty , as the Advocate himself hath published in his printed pleadings , in which he likewise layes out the special and extraordinary Circumstances whereby the Marqueis was necessitate to do what he did . And the compliance charged on him was so epidemik that all others were pardoned for the same , except he alone , though none had such favourable Arguments to plead , and though he pleaded the same indemnity that saved others . And seeing he submitted , and delivered up himself , and lost his life , and seeing , at the same time of the compliance that he suffered for , the Earl his son was actually serving and suffering for his Majesty , as you find in the former part of this Letter , the Earl's restitution was no less then He and his Family might well expect of his Majesties Goodness and Iustice. It is true the Earl was again accused and condemned ( which may appear indeed strange to such as know not all particulars ) upon the same Old Acts of Leasing-making , and with as little ground ( if possible ) as now , and was pardoned by his Majestie , for which he hath often , and doth alwayes acknowledge that he owes to his Majesty both his Life and Fortune : But upon this occasion , and being baited as he is , he hopes his Majesty will not take it ill that he say , That his Majesties mercy was in this case determined by Justice : And for proof that his Majesty did then know him to be innocent , did not his Majesty then say , It was impossible to take a mans life upon so smal an account ? Tho nevertheless it had been done , if his Majesty had not interposed and pardoned him . Did not the Chancellour Clarendoun ( who was Patron to the most considerable of the Earl's pursuers ) hearing of his condemnation , Blesse God , he lived not in a Countrey where there were such Laws ? ( He should have said such Iudges ) And I believe many more will say the same now . Did it not plainly appear , at that time , that his principal pursuers were very bitter , malicious , and unjust to him ? For the Earl had not only served his Majesty in that troublesome and hazardous appearance in the Hills , but he had been particularly useful to Earl Midletoun then his Majesties Lieutenent General , and had stood by him , when these deserted him , whom notwithstanding he took afterwards by the hand , when he was his Majesties Commissioner in the Year 1661 , & then designed new Interests and new alliances , whereof some did hold and some never held . And then indeed it was that he and others thought it proper for them to destroy the Family of Argyle , to make their own Fortunes ; But it pleased God and his Majesty to dispose otherwise : Then it was that the Earl was so hotly pursued for his life ; having at that time no Fortune , all being in his Majesties hands : Then was the accusation of Treason likewise urged by the samepersons , and must have carried , but it was not found necessary , Leasing-making being sufficient to take his life , and , as it falls out when any game is started and the hounds in chase , all the little currs run alongs , So the Earl wanted not then many pursuers that are now scarce to be heard of . And further , some of the parties themselves confessed the particulars to the Earl afterwards , vvho yet novv return to Act their former parts , and that they had then laid dovvn a resolution to intrap him , per fas , aut nefas , but notvvithstanding all this ill humour and violence , all the ground they could get for a quarrell , in tvvo Years time , vvas one single letter , among many they intercepted , the occasion and import vvhereof vvas as follows . About a tvvelve-month after the death of the late Marqueis of Argyle , The Earl his son being , by the loss of his estate , and burden of his debts , brought into straits , a friend from Edenburgh wrote to him , then at London , to do what he could for himself at Court , and the sooner the better ; For he needed neither expect favour nor Justice from some in Scotland , and , if matters were delayed , his Fathers whole estate would be begg'd away in parcels . His Friend likewise complained , that the Earl did not write to inform his friends in Scotland ; and on this he insisted severall post-dayes , which , at last , drew an answer from the Earl , that he had been to wait upon his Majesty , and had found him both just and kind to him , and doubted not the effects of his Royalfavour , that he was sensible of his loss by delay , yet must proceed discreetly , and not press to give His Majesty trouble , but must take His Majesties method , and wait his time ; That he judged , much of what his Friend told him was true , but he must have patience : It was his misfortune that some took pains to make His Majesty believe , that the Parliament was his Enemy , and the Parliament to believe , the King was his Enemy , and by such informations he was like to be a sufferer , but he hoped in God all should be well . This blast must blow out , and will blow over . The King will see their tricks : And upon this letter , specially those last words , the Earl was accused of Leasing-making betwixt King and Parliament , and that he expected changes , and so had a great deal of the same stuff laid to his charge , as now you have heard : And if the now Register will produce the Earl's principal Letter , and the Paper the Earl gave in to the Parliament , these two would clear all , the case then , and now , as yow may see , Mutatis Mutandis , being much the same , and some of the same tooles used . But to go on . The Earl's words in that Letter being clear , and plain viz. That he complained of others that reported lies to King and Parliament but did himself report none to either , He acknowledged the Letter , which could never have been proven to be his , and as soon as he heard that it was intercepted did render himself to his Majesty before he was called for . But , which very much troubled him , had not access : Yet his Majesty was so gracious that in stead of sending him prisoner to Scotland with a guard ( as was much pressed ) he allowed him to go down on a verbal bale : And his Majesty was pleased to say , That he saw nothing in the Earl's Letter against his Majesty or the Parliament , but believed the Earl did design to reflect on the Earl of Midletoun . The Earl came to Edinburgh , a fourthnight before the day appointed by his Majesty , and thought to have had the liberty of the city , till that day should come , but was sent to the Castle , the next day after his arrival : Upon which he advertised his Majesty of his condition , who would hardly believe they would take his life , till it was told plainly it was designed , and if he died it lay at his Majesties door , upon which his Majesty was graciously pleased to send immediatly an order to the Earl of Midletoun not to proceed to Execution against him : Yet the Sentence of death was pronounced , and the day of Execution remitted by the Parliament to the Earl of Midletoun : Which he accepted of , albeit he had no particular instruction for it from his Majesty , which , before a year went about , Earl Midletoun found could not be justified by him , and some of the Earl's chief accusers were declared by his Majesty to be themselves Leasing-makers ; And then the Earl , by his Majesties favour , and goodness , was restored to a part of his Predecessors estate , and titles , which he took as thankfully as if a new estate , and new and greater honours had been conferred upon him . And though His Majesty was pleased , at the granting of these titles , to say he could help them when he pleased , yet his Majesty knows , that the Earl never troubled him about any such matter , nor solicitedh im now these eighteen years , for any Title , Office , or Imployment ( though he confesses he had of all sorts ) nor hath he been burthensome to his Majesties Exchequer ( 500 l yearly for 4 or 5 years that the Earl served in the Treasury being all that ever he touched of his Majesties money ) albeit few attended more , and none so much that lived at his distance . He was also twice at London , to kiss his Majesties hands , but still on his own charges : Which things are not said to lessen his Majesties bounty , and goodness , whereof the Earl still retaines all just , tender , and dutifull impressions , but to answer the Advocate , and to teach others to hold their peace , that cannot say so much . His life is known to have been true , honest , and of a peece , and all alongs he hath walked with that straightness that he can compare his integrity with all that now attacque him . By all which it is apparent , that what the Advocate here pretends for an aggravation may well be accounted a second part of the Earl's persecutions , but cannot , in the least , impair either his innocence , or his honour . Seeing therefore the ground of the Earl's present accusation , with all he either designed , said , or did , in this matter , was only that , when called , nay required to take the Test , and after leave first obtained from his Highness and Council , he did in their presence , before the giving of his Oath , declare , and propose to them the sense wherein he was willing to take it ; That this his sense neither containes , nor insinuats , the least slander , reproach , or reflection , either upon the King , the Parliament , or any Person whatsomever , but , on the contrair , is in effect ten fold more agreeable to the words of the Test , and meaning of the Parliament that framed it , then the Explanation emitted by the Council ; and was also most certainly , the first day , by them accepted ; and , when the next day challenged , by him offered to be retracted , & refused to be signed : That the whole Indictment , & more especially that part of it about the Treason , is a meer Rapsody of the most irrational , absurd , and pernicious consequences , that ever the sun beheld , not only forcing the Common rules of speech , charity , and humanity , but ranversing all the Topiks of Law , Reason , and Religion , and threatning no less , in the Earl's person , then the ruine of every mans fortune , life , and honour ; That the Earl's Defences , and grounds of Exculpation , were most pregnant , and unanswerable , and either in themselves notour , or offered to be instantly verified . And lastly , That the aggravations pretended against him do either directly make for him , or most evidently discover the restless malice of some of his implacable enemies : Shall our Gracious King , who not only clearly understands right , and hates oppression , but also , to all his other excellent qualities , hath by his Gentleness , and Clemency , even towards his Enemie , added that great Character of Goodness , upon vain , and false insinuat ions , and unreasonable , and violent stretches , not only take away the Life of an innocent person , but of one who himself , and his family ( be it said without disparagment ) have , for a longer time , and more faithfully , and signally served His Majesty and the Croun , then any person , or family of his degree and quality , of all his Persecuters can pretend to ? Shall his numerous family , hopeful children , his friends and creditors , all be destroyed ? Shall both former services be forgot , innocence oppressed , and all rules of justice , and Laws of society and humanity for his sake overturned ? Shall not only the Earl be cut off , and his noble and ancient Family extinguished , but his Blood and Memory tainted with as black and horrible a stain as if he had conspired with Jacques Clement , Ravillack , The gun-pouder Miscreants , The bloody Irish Rebells , and all the other most wicked & hainous traitours of that gang . And all this for a meer imaginary crime , whereof it is most certain that no man living hath , or can have , the least reall conviction , and upon such frivolous allegations as all men see to be , at the top , meer moon - shine , and at the bottom , villanie unmixed . After clearing these things , the Earl , it seems , intended to have addressed himself to his Majesties Advocate , in particular , and to have told him , that he had begun very timously in Parliament to fall first on his heritable jurisdictions , and then , upon his Estate , and that now he was fallen upon his life and honour , whereby it was easy to divine that more was intended , from the beginning , then the simple taking away of his Offices : seeing that some of them , on his refusing the Test , were taken away by the certification of the Act of Parliament , and that those that were heritable he offered , in Parliament , to present and surrender to his Majesty on his knee , if his Majesty , after hearing him , should think it fit ; only he was not willing to have them torn from him , as hath been said ; and if that were all were designed , as was at first given out , the Advocate needed not have set him o● high as Naboth , and accus● him as a blasphemer of God , and the King. Then turning his speech to the Lords of Iustitiary he thought to have desired that they would yet seriously consider his words , in their true sense and circumstances , his own Explanation of his Explication , and especially the forgoing matter of fact , to have been laid before them , with his Defences , and grounds of Exculpation ; as also to have told them that they could not but observe how that he was singled out amongst thousands , ( against whom much more then all he is charged with could be alledged ) and that they must of necessity acknowledge ( if they would speak out their own conscience ) that what he had said was spoke in pure innocence , and duty , and only for the exoneration of himself , as a Christian , and one honoured to be of His Majesties Privy Council ( where he was bound , by his Oath , to speak truth freely ) And not to throw the smallest reproach on either person or thing . Adding that he was ●oath to say any thing that lookes like a reflection upon His Majesties Privy Council : but if the Council can wrong one of their own number , he thought he might demand if he had not met with hard measure ? For first he was pressed , and perswaded to come to the Council , then they receive his Explanation , and take his Oath , then they complain of him to His Majesty , where he had no access to be heard , and by their Letter , under their hands , affirm that they had been careful not to suffer any to take the Test with their own Explanations , albeit they had allowed a thing very like it , first to Earl Queensberry , then to the Clergy ; And the President now Chancellour had permitted several members of the Colledge of Iustice to premise , when they sware the Test , some one sense , some another , and some non-sense , as one saying he took it , in sane sensu , another making a speech that no man understood , a third , all the time of the reading , repeating , Lord have mercy upon me miserable sinner : Nay even an Advocate , after being debarred , a few dayes , because albeit no Clerk yet he would not take it without the benefit of his clergy , viz. the Councils Explanation , was yet , thereafter admitted without the Warrant of the Councils Act : but all this in the case of so many other was right and good . Further the Council expresly declare the Earl to be Guilty , before he had ever said one word in his own defence . Thereafter some of them become his Assizers , and others of them witness against him ; and after all , they do of new concern themselves , by a second Letter to His Majesty ( wherein they assert , That after full debate , and clear probation , he was found guilty of Treason &c. ) to have a sentence past against him , and that of so high a nature , and so dreadfull a consequence , as suffers no person to be inconcerned , far less their Lordships his Iudges , who upon grounds equally just , and , which is more , already predetermined by themselves , may soon meet with the same measure , not only as Concealers of Treason ; but upon the least pretended disobedience , or non-compliance with any Act of Parliament : and , after all , must infallibly render an accunt to God Almighty . He bids them therefore Lay their hands to their hearts , and whatever they shall judge , he is assured that God knows , and he hopes all unbyassed men in the world will or may know , he is neither Guilty of Treason , nor any of the Crimes libelled . He sayes he is glad how many out - do him in asserting the true Protestant Religion , and their Loyalty to His Majesty ; Only , he addes , If he could justify himself to God as he can to His Majesty , he is sure , he might account himself the happiest man alive . But yet , seeing he hath a better hope in the mercy of God through Jesus Christ , he thereupon rests , whether he find Justice here on earth or not . He sayes , he will adde nothing to move them either to tenderness or pity ; he knows that not to be the place , and pretends to neither from them ; He pleads his Innocence , and craves Justice , leaving it to their Lordships to consider not so much his particular case as what a Preparative it may be made , and what may be its consequences : And if all he hath said do neither convince , nor perswade them to alter their judgment , yet he desires them to consider , whether the case do not , at least , deserve to be more fully represented , and left to His Majesties wisdom and justice , seeing that if once the matter pass upon record for Treason , it is undoubted , that hundreds of the best , and who think themselves most innocent , may , by the same methods , fall under the like Condemnation , when ever the Kings Advocate shall be thereto prompted . And thus you have a part of what the Earl intended to have said , before pronouncing Sentence , if he had not made his Escape before the day : Yet some things I perceive by his notes are still in his own breast , as only proper to be said to His Majesty . I find several Quotations out of the Advocates printed books , that , it seemes , he was to make some use of , but , seeing it would have been too great an interruption to have applyed them to the places designed , I have subjoyned them together , leaving them to the Advocate 's own , and all mens consideration . It was by some remarked , That when the Lords of Iustitiary , after the ending of the first dayes debate , resolved that same night to give Judgment upon it , they sent for the Lord Nairn , one of their number , an old and infirm man , who being also a Lord of the Session , is so decayed through age , that he hath not , for a considerable time , been allowed to take his turn , in the Outer ▪ house ( as they call it ) where they judgelesser causes alone : But notwithstanding both his age , and infirmity , and that he was gone to bed , he was raised , and brought to the Court , to consider a debate , a great deal whereof he had not heard , in full Court , and withall , as is informed , while the Clerk was reading some of it , fell of new asleep . It was also remarked that the Lords of Justitiary being , in all , five , viz. the Lord Nairn above-mentioned , with the Lords , Collintoun , Newtoun , Hirkhouse , and Forret , the Libell was found relevant only by the odds of three to two viz. the Lord Nairn foresaid , the Lord Newtoun since made President of the Session , and the Lord Forret , both well enough known , against the Lord Collintoun , a very ingenuous Gentleman , and a true old Cavalier , and the Lord Hirkhouse a learned and upright judge : As for the Lord Justice General , who was also present , and presided , his vote , according to the constitution of the Court , was not asked , yet he is since made a Marquies , and Lord high Treasurer . But to return to my Narrative , the Earl , as I have already told you , did not think fit , for reasons that you shall hear , to stay till his Majesties return came to the Councils last Letter , but , taking his opportunity , made his escape out of the Castle of Edinburgh , upon tuesday the twentieth of December , about eight at night , and , in a day or two after , came his Majesties answer here subjoyned . The Kings Answer to the Councils Letter 18 Decemb : 1681. C. R. MOst dearly &c. having , this day , received your Letter , of the 14. instant , giving an account , that our Advocate having been ordered by you to insist in that Process raised at our instance against the Earl of Argyle , he was , after full debate , and clear probation , found guilty of Treason , and Leasing making , betwixt us , our Parliament , and our people ; and the reproaching our Laws and Acts of Parliament : We have now thought fit , notwithstanding of what was ordered by us ▪ in our Letter to you of the 15. of November last , hereby to authorize you to grant a warrand to our Iustice General , and the remanent Iudges of our Iustice Court , for proceeding to pronounce a Sentence , upon the Verdict of the Iury , against the said Earl ; nevertheless it is our express pleasure , and we do hereby require you , to take care , that all execution of the Sentence be stopped , untill we shall think fit to declare our further pleasure in this affair : For doing whereof , &c. Which answer being read in Council on the thursday , and the Court of Iustitiary , according to its last adjournment , as shall be told you , being to meet upon the fryday , after a little hesitation in Council whether the Court of Iustitiary could proceed to the sentence of forfaulture against the Earl he being absent , it was resolved in the affirmative ; And what were the grounds urged , either of hesitation or resolution , I cannot precisly say , there being nothing on record that I can learn. But that you may have a full , and satisfying account , I shall briefly tell you what was ordinarly discoursed , a part whereof I also find in a petition given in by the Countess of Argyle to the Lords of Justitiary , before pronouncing sentence , but without any answer or effect . It was then commonly said , that by the old Law , and custom , the Court of Iustitiary could no more in the case of Treason then of any other Crime proceed further against a person not compearing , and absent , then to declare him Out-Law , and Fugitive : And that , albeit it be singlar , in the case of Treason that the trial may go on , even to a final sentence , tho the partie be absent , yet such trials were only proper , to & alwayes reserved for Parliaments : And that so it had been constantly observed untill after the Rebellion in the Year 1666 : But there being severall persones Notourly engaged in that rebellion , who had escaped , and thereby withdrawn themselves from Justice , it was thought , that the want of a Parliament , for the time , ought not to afford them any immunity ; and therefore it was resolved by the Council , with advice of the Lords of Session , that the Court of Iustitiary should summond , and proceed to trial , and sentence , against these absents , whether they compeared or not , and so it was done : Only because the thing was new and indeed an innovation of the old custom , to make all sure , in the first Parliament held thereafter , in the Year 1669 , it was thought fit to confirm these proceedings of the Justitiary , in that point , and also to make a perpetual statut , that , in case of open Rebellion , and Rising in armes against the King , and Government , the Treason , in all time coming , might by an order from his Majestie 's Council be tried , and the actors proceeded against by the Lords of Iustitiary , even to final sentence , whether the traitours compeared or not . This being then the present Law , and custom , it is apparent in the first place that the Earl's case , not being that of an open Rebellion and Rising in Armes , is not at all comprehended in the Act of Parliament , So that it is without question that , if in the beginning he had not entered himself prisoner , but absented himself , the Lords of Iustitiary could not have gone further , then , upon a citation , to have declared him fugitive . But others said that the Earl having both entered himself prisoner , and compeared , and after debate having been found guilty , before he made his escape , the case was much altered . And whether the Court could , notwithstanding of the Earl's interveening escape , yet go on to sentence was still debatable : for it was alledged for the affirmative that seeing the Earl had twice compeared , and that , after debate , the Court had given judgment , and the Assize returned their Verdict , so that nothing remained but the pronouncing of sentence , It was absurd to think that it should be in the power of the partie , thus accused , and found guilty , by his escape to frustrate justice , and withdraw himself from the punishment he deserved . But on the other hand it was pleaded for the E●rl ; That first , It was a fundamental rule , That until once the cause were concluded no sentence could be pronounced : Nixt that it was a sure Maxime in Law , that in Criminal Actions there neither is nor can be any other conclusion of the cause then the parties presence and silence ; So that , after all that had past , the Earl had still freedom to adde what he thought fit , in his own defence , before pronouncing sentence , and therefore the Lords of Iustitiary could no more proceed to sentence against him being escaped then if he had been absent from the beginning , the cause being in both cases equally not concluded , and the principle of Law uniformly the same , viz. that in criminals ( except in cases excepted ) no final sentence can be given in absence : For , as the Law , in case of absence from the beginning , doth hold that just temper as neither to suffer the contumacious to go altogether unpunished , nor , on the other hand , finally to condemn a partie unheard . And therefore doth only declare him fugitive , and there stops : So in the case of an escape , before sentence , where it cannot be said the partie was fully heard , and the cause concluded , the Law doth not distinguish , nor can the parity of reason be refused . Admitting then that the Cause was so far advanced , against the Earl , that he was found Guilty ; Yet 1. This is but a declaring of what the Law doth as plainly presume against the partie absent from the beginning , and consequently , of it self can operate no further . 2ly . The finding of a partie Guilty is no Conclusion of the cause . And 3ly . As it was never seen , nor heard , that a Partie was condemned in absence , ( except in excepted cases ) whereof the Earl's is none , so he having escaped and the Cause remaining thereby unconcluded , the general rule did still hold , and no sentence could be given against him , It was also remembred that the dyets and dayes of the justice Court are peremptour ; and that in that case , even in Civil ●ar more in Criminal Courts and Causes , a Citation to hear Sentence is constantly required : which induced some to think , that at least the Earl should have been lawfully cited to hear Sentence , before it could be pronounced . But it is like this course , as confessing a difficulty , and occasioning too long a delay , was therefore not made use of . However , upon the whole , it was the General Opinion , that seeing the denouncing the Earl Fugitive would have wrought much more in Law then all that was commonly said , at first , to be designed against him : And that his Case did appear every way so favourable , that impartial men still wondered how it came to be at all questioned , It had been better to have sisted the process , with his escape , and taken the ordinary course of Law , without making any more stretches . But as I have told you , when the Fryday came , the Lords of Iustitiary , without any respect , or answer given to the Petition above-mentioned , given in by the Countess of Argyle to the Court for a stop , pronounced Sentence , first in the Court , and then caused publish the same , with all solemnity , at the Mercat Cross of Edinburgh . FOr as much as it is found by an Assize That Archibald Earl of Argyle is guilty & culpable of the crimes of Treason , Leasing-making , & Leasing-●elling , for which he was detained within the castle of Edinburgh , out of which he ●es now since the said Verdict made his Escape : Therefore the Lords Commissioners of Justitiar● decern and adjudge the said Archibald Earl of Argyle to be execute to the death , demained as a traitour , and to underly the paines of Treason , & other punishments appointed by the lawes of this Kingdom , when he shall be apprehended , at such a time , and place , and in such manner as his Majesty in his Royall pleasure shall think fit to declare and appoint : And his Name Memory and Honours , to be extinct : And his Armes to be riven forth , and delete out of the Books of Armes , swa that his Posterity may never have place nor be able hereafter to bruick or joyse any Honour , Offices , Titles , or Dignities , within this Realme in time coming and to have for faulted , ●mitted , and tint , all and sundry his Lands , Tenements , Annua-rents . Offices , Titles Dignities , Tacks , Steedings , Rowmes , Possessiones , Goods , and Geere what su●ever pertaining to him , to our Soveraign Lord , to remain perpetually with his Highness in property . Which was pronounced for Doom — 23 December 1681. After the reading ( and publishing ) whereof , The Earl's Coat of Armes , by order of the Court , was also torn , and ranversed , both in the Court , and at the Mercat Cross : Albeit some thought that this was rather a part of the Execution , which his Majesties Letter discharges , then a necessary Solemnity , in the Publication , and the Advocate himself sayes . p 61. of his printed Criminals . That it should only be practised in the crime of Perduellion but not in other Treasons . The Reasons and Motives of the Earl's escape , with the Conclusion of the whole Narrative THE Earl's escape was at first a great surprise , both to his friends and unfriends : for , as it is known that his Process , in the beginning , did appear , to the less concerned , more like a piece of pageantry then any reality ; and even by the more concerned was accounted but a politik design , to take away his Offices , and les●en his Power , and Interest : So neither did any of his Friends fear any greater hazard , no● did most of his unfriends imagine them to be more apprehensive . Whereby it fell out , that upon report of his escape , many , and some of his well-wishers , thought he had too lightly abandoned a fair Estate , and the probable expectation he might have had of His Majesties favour : As also some , that were judged his greatest adversaries , did appear very angry , as if the Earl had taken that course , on purpose to load them with the odium of a design against his life . And truly , I am apt to think , it was not only hard and uneasie for others to believe , that a Person of the Earl's quality , and character , should , upon so slende● a pretence , be destroyed , both as to life , and fortune , but also that he himself was slow enough to receive the impressions necessary to ripen his resolution ; and that if a few Accidents , as he sayes himself , happening a little before his escape , had not as it were opened his eyes , and brought back , and presented to him several things past , in a new light , and so made all to operate to his final determination , he had stayed it out to the last . Which that you may the better understand you may here consider the several particulars , that , together with what he himself hath since told some frineds , apparently occurred to him in these his second thoughts , in their following order . And first you have heard , in the beginning of this Narrative , what was the first occasion of the Earl his declining in his Highness favour : You may also remember , that his Majesties Advocate takes notice , that he debated against the Act enjoyning the Test , in the Parliament : And , as I have told you , he was indeed the Person that spoke against excepting the King's Brothers , and Sons , from the Oath then intended for securing the Protestant Religion , and the Subjects Loyalty , not thinking it fit to complement with a Priviledge where all possible caution appears rather to be necessary : And this a reverend Bishop told the Earl afterwards had downright fired the kil● . What thereafter happened in Parliament , and how the Earl was alwise ready to have laid all his Offices at his Majesties feet : And how he was content , in Council , to be held a Refuser of the Test , and thereby incurr an intire deprivation of all publik Trust , is above fully declared , and only here remembred , to show what Reason the Earl had , from his first coming to Edinburgh , in the end of October , to think that something else was intended against him then the simple devesting him of his Employments and Jurisdictions . And yet such was his Assurance of his Innocence , that when ordered by the Council to enter his Person in Prison under the pain of Treason , he entered freely , in an Hakney coach , without either hesitation or noise , as you have heard . 2ly , The same day of the Earl's commitment , the Council met , and wrote ( as I have told you ) their Letter to His Majesty , above set down , Num. 22. Wherein they expresly charge him with Reproaching , and Depraving : But yet neither with Perjury no● Treason ; and a few dayes after , the Earl wrote a Letter to his Highness ; Wherein he did endeavour to remove his offence , in termes that , it was said , at first had given satisfaction : But yet the only return the Earl had was a criminal Summonds containing an Indictment , and that before any answer was come from hi● Majesty . And then , so soon as his Majesties answer came , there was a new Summonds sent him , with a new Indictment , adding the crimes of Treason and ●erjury to these of Reproaching and Depraving , which were in the first Libel , as you have heard above , whereby you may perceive , how early the design against the Earl began to grow , and how easily it took encrease , from the least encouragment . 3ly . When the Earl petitioned the Council for Advocates to plead for him : Albeit he petitioned twice , and upon clear Acts of Parliament , yet he had no be●ter answer then what you have above set down . And when the Earl's Petition , naming Sir George Lockhart as his ordinary Advocate , was read in Council , his Highness openly threatned , that in case Sir George should undertake for the Earl he should never more plead for the King nor Him. But the Earl taking Instruments upon Sir George his refusal , and giving out , that he would not answer a word at the Bar , seeing ●he benefite of Lawyers , according to Law , was denyed him ; Sir George , and other lawyers , were allowed to assist him , but still with a Grudge . Likeas afterwards , they were qu●stioned and conveened before the Council for having , at the Earl's desire , signed their positive Opinion of the case . At which time it was also said in Council by His Highness , That their fault was greater ▪ then the Earl's : However we see that as he was the occasion of the anger so he hath only found the smart of it . 4ly . The whole Process , with the Judgment of the Lords of Iustitiary , an● Verdict of the Assize , whereby the Earl was found guilty , as you have seen ( notwithstanding of what hath so plainly appeared and was so strongly plea●ed in his behalf ) of Leasing-making , Depraving , and Treason , Is of it self a clear Demonstration that either the highest punishment was intended for so high a guilt , or that , at least , it was no smal Humilation that some designed for him : It being equally against reason , and prudence , setting aside the Interest of Justice , to strain things of this nature beyond the ends truly purposed , and which , in effect , are only the more to be suspected the more they are concealed . 5ly . The Process being carried on to the Verdict of the Assize , and the Council being tyed up by His Majesties Letter , before pronouncing Sentence , to send a particular account to his Majesty of what the Earl should be found guilty of , for His Majesties full information : The Council doth indeed dispatch away a new Letter immediatly , for His Majesties leave to proceed ; but in stead of that particular account required by his Majesty for his full information , all the information was eve● heard of to be sent by the Council was what is contained in the body of the Letter , wherein they , briefly , bu● positively , affirm , That after full debate , and clear probation , he was found guilty of Treason . Which , all men must say , was far better contrived to prompt his Majesty to a speedy allowance then to give him that particular information of the case which His Majesties Letter expresly requires , and the Earl expected should have been performed . But further , the Council was commanded to sign this Letter , not simply in the ordinary form , but by a special Command laid on every Member , and the Clerk appointed to go about , and get their Subscriptions , telling them they were Commanded , and complaining to the Duke when any scrupled to do it . The strictness of which orders is apparent enough from the very Subscriptions , where you may not only read the names of Bishops subscribing in causa sanguinis , but some of the Earl's Friends and Relations who wanted courage to refuse ; And , in effect , how many of all the Members did it willingly is hard to say , seeing generally they excuse the deed in private . 6ly . About a week or two before the Trial , the Earl had notice , that at a closs Iuncto , where were Persons of the greatest eminency , it was remembered by one present , how that Anno 1663. The Earl had been pardoned by his Majestie , after he had been found guilty by the Earl of Middletoun , and that Parliament . And that then it was looked on as an error in the Earl of Middletoun , that he had not proceeded to Execution , albeit his Majesty had given command to the contrary , because ( as it was said ) it would have been but the same thing to him . But now , adds this Kind Remembrancer , The case is much more easie : Now His Royal Highness is on the throne : It might have cost Earl Middletoun a frown , but now it can signify nothing , but will rather be commended in His Royal Highness , as acting freely like himself . The stop of the sentence looks like a distrust , but this will vindicate all and secure all : And as the first part of the Story the Earl remembered well he had hear'd it from the same Person , An : 1664 , & had reported it to the Duke of Lawderdale a little after : So the second part being of a very wellknown dialect could not but give the Earl the deeper impressions . It was further told the Earl , at the same time when the Councils Letter to obtain his Majesties assent to the pronouncing Sentence , & leaving all to discretion , was sent , that it was thought fit that nothing should appear but fair weather till the very close . Yet was the Earl so confident of his own innocence , and His Majesties Justice , that he did not doubt but his Majesty seeing the Process would , at least , put a stop to the Sentence . But after the Councils Letter was gone , in such Terms as you have seen , to seek Liberty from his Majesty to proceed to Sentence ( without either double , or abbreviat of the Process sent with it ) and no doubt smooth insinuations made with it that all designed was to humble the Earl , or clip his wings : And that this Letter was hasted away by a fleeing packet to prevent the Earl's Application , which it could not but do ; and so could not but have weight , and prevail with his Majesty , ( to whom the Earl's Petition , as coming too late , was indeed never presented ) Then , and not till then , The Earl began to have new thoughts . 7ly The Earl's Trial having been upon moonday , and twesday the 12th and 13th of December : upon the 14th , the Councils Letter was dispatched : and upon the 15th , The Earl intreated , by a ●riend , for liberty to speak to His Royal Highness ; whose answer was , That it was not ordinary to speak to criminals , except with Rogues on some plot , where discoveries might be expected : Yet his Highness said , he would advise upon it . But , upon fryday the 16. he did refuse it . Yet the Earl did renew his suit , and urged , that he had sent a Petition to his Majesty , which was the first he had sent upon that occsiaon , & that , before the return should come , he was desirous to have his Highness answer , that he might owe some part of the favour he expected to his Highness . But on Moonday morning , the 19. the Earl was told , he was not like to have any access , and , in the afternoon , he heard that the return of the Councils Express was looked for , on thursday the 22. being the Council day . And further , That the Justice court ( which according to its custom had sat the same Moonday , and , in course , should have adjourned till Moonday the 26 of December , or , because of Christmas , to the first Moonday of January , was , for the Earl's sake , adjourned till Fryday the 23. to the end that immediatly upon the Kings Return they might pronounce Sentence . He was moreover informed that his Royal Highness was heard say , that , if the express returned not timeously , he would take upon himself what was to be done . Which being general , and dark , was the more to be suspected . All this , the Earl told , made him the same Moonday late cast in his thoughts whether it were not fit for him to attempt an escape ; but his doubtings were so many he could resolve nothing , that night , except to put off till Wednesday . Yet on Twesday morning he began to think , if he did at all design to escape , he had best do it that same evening . However he was , even then , not fully resolved , not had he as yet spoke one word of it to any mortal . But about ten of the Clock this Twesday , his Highness absolute refusal to suffer the Earl to see him , untill his Majesties Return came , was confirmed : And about Noon the Earl heard that some Troups and a Regiment of foot were come to Town : And that , the Next day , he was to be brought down from the Castle to the common Jail ( from which Criminals are ordinarily carried to Execution ) and then he resolved to make his escape , that very night , and yet did not conclud it throughly till five of the Clock in the evening : At which time he gave directions about it , not thinking to essay it , till near ten : But at seven one coming up from the city , and telling him that new orders were privatly given for further securing of him , that the Castle guards were doubled , and none suffered to go out without showing their faces , and that some Ladies had been already put to do it , and therefore disswading him to attempt any escape , because it was impossible : the Earl said , No , then it is full time . And so he made haste , and within half an hour after , by Gods blessing , got safe out , questioned pretty warmly by the first sentry , but not at all by the main guard , and then , after the great gate was opened , and the lower guard drawn out double , to make a lane for his company , one of the guard who opened the gate took him by the arm , and viewed him : But it pleased God he was not discerned . When he was out , he was not fully resolved whither to go : Home he had judged safest : But he thought it might breed Mistakes and Trouble that he designed not : So he resolved to go for England , and to take the road ; That by Post he might be his Majesties first informer of his escape , But , being disappointed of horses that he expected , he found that the notice of his escape was got before him ; And soon after , as he came the length of Newcastle , heard that his Majesty had given way to pronounce Sentence against him , according as he had apprehended from the circumstances and other grounds I have told you , which made him judge , it would be an undiscreet presumption , in that state , to offer himself to his Majesty , while he knew none durst address him , and so he rather choosed to shift in the wide World , till his Majesty might be at some greater freedom both to understand his case and apply suitable remedies . His Majesties clear and excellent understanding , and gracious and benign disposition , do fully assure him , that his Majesty doth not , in his thoughts , charge him with the least Disloyalty , and that he hath no Complacence in his ruine . But if His Majesty do , at present , ly under the pressure ofsome unlucky influences , not so easy to his Royal inclinations , the Earl , it seemes , thinks it reasonable to wait patiently for a better opportunity . It may indeed appear strange , that Innocence , & Honour , oppressed in his Person , almost beyond a parallel , should not , ere now , have constrained him to some publik Vindication : Especially when to the horrid Sentence given against him his Adversaries have further prevailed to cause His Majesty dispose , not only of his Heritable Offices , and Jurisdictions ( the pretended eye - sore ) But also upon his whole Estate , and Fortune , with as little consideration of the Earl's personal Interest as if he had fallen for the blackest Treason , and most atrocious Perduellion . But , besides that some things are of themselves so absurdly wicked that all palliating pretences do only render them the more hateful , and the very simple hearing doth strike with an horrour , not to be hightned by any representation : Next that the Earl , being so astonishingly overtaken for words , as fairly and honestly uttered as he could possibly devise , doth , with reason , apprehend that there is nothing he can say in this matter , though with the serenest mind , and in the greatest truth , and sobriety , that may not be construed to flow from a design to lay blame where hitherto he hath been tender to give any ground of offence . I say ( beside these things ) he is withall ( I know ) most firmly perswaded , That , if ever he shall have the happiness to be once heard by His Majesty , and in his presence allowed to explain a few Particulars , in duty here omitted , His Majesties justice , and goodness will quickly dispell all the clouds that now hang over him , and restore him to that favour wherein he hath sometime reckoned himself very happy , and which he will ever be most ready to acknowledge . And therefore all that in the mean time he judged necessary , or would give way to , was that for preserving the remembrance of so odd a Transaction , untill a more seasonable juncture , some Memorials should be drawn , and deposited in sure keeping : which being grown under my hand unto this Narrative , I thought , I could not better observe his order then by transmitting it to your faithful custody . I have carefully there in observed the truth , in point of fact , avouching nothing but upon the best and clearest evidence can possibly be expected : not have I , as to the manner , licenced or indulged my self in any severity of expression , which , I thought , could be justly , in such a case , omitted , without betraying the Cause . Yet if you now , or any other hereafter , shall judge , that I do sometime exceed , let it not be imputed to him , for , as he did indeed charge me to guard against any more warm or vehement expression then the merit and exigence of the subject do indispensibly require , so I am assured that he silently , and patiently , waits on the Lord , committing his way to him , and trusting in him , that he may bring it to passe : and that he shall bring forth his righteousness as the light , and his judgment as the noon-day . POSTSCRIPT . SIR , HAving in this Narrative sometimes adduced , as you have seen , the Advocate 's own authority , ad hominem , I shall here , as I promised , subjoin such passages out of his printed Book as , though they deserved not a place above , may yet make a pertinent POSTSCRIPT . And , omitting what in that Book , called The Laws and Customs of Scotland in matters criminal he frequently repeats , from the known grounds of Law , of the nature of crimes and the design of criminal Laws ; viz. That as there can be no crime without a fraudulent purpose , either apparent or proven ; So it was the design of Lawgivers , only to punish such acts as are designedly malicious . I desire you only to consider the particulars following . And 1 Pag. 〈◊〉 l. 7. of his Book of Criminals , having made the question , Whether what tends to a crime , not perfected , doth fall under the Statut , or Law , by which that crime to which it approaches is punished : He instances in the crime of Misconstruing His Majesties Government , and Proceedings , or depraving his Laws , which as he sayes , is punishable by death Ja. 6. Par. 10. Act 10. And then further moves , Whether papers , as tending to misconstrue His Majesties proceedings , and Government , or bearing insinuations which may raise in the people jealousy against the Government , be punished by that Law. Which being one of the great crimes pretended and libelled against the Earl , I shall here ( omitting his reasons in the affirmative , which have not the least ground in the Earl's case , as you have heard ) represent to you how exactly he himself , and others , have acted , for the Earl's overthrow , all these dangerous , and pernicious things , from which he argues in the negative . His words then are these . And that such insinuations , and tendencies are not punished criminally , he sayes . 1. It is the interest of mankind to know expresly what they are to obey , especially where such great certifications are annexed as in crimes . 2. The Law , having taken under its consideration this guilt , hes punished the actual misconstruing , or depraving ; but hes not declared such insinuations or tendencies punishable : Et in statutis casus omissus habetur pro omisso . 3. This would infallibly tend to render all judges arbitrary ; for tendencies and insinuations are in effect the product of conjecture , and papers may seem innocent , or criminall , according to the zeal , or humour , as well as malice of judges ; men being naturally prone to differ in such consequentiall inferences , and too apt to make constructions in such , according to the favour or malice they bear to the Person or Cause : Are not some men apt to construct that to tend to their dishonour which was designed for their honour ; and to think every thing an innovation of Law or Priviledge which checks their inclination and design ? Whereas some judges are so violent in their Loyalty as to imagine the meanest mistaks do tend to an opposition against Authority ; and thus Zeal , Iealousie , Malice , or Interest would become judges . 4. Men are so silly , or may be in such haste , or so confounded , ( and the best are subject to such mistakes ) as that no man could know when he were innocent ; simplicity might oft times become a crime , and the fear of offending might occasion offence , and how uncomfortably would the people live , if they knew not how to be innocent . 2ly . p : 47 l 9. Of the same Book , he sayes , That the 8th Point of Treason is to impugn the dignity , and Authority of the three Estates ; or to seek , and procure the innovat on and diminution of their Power , and Authority . Act 103. Ja. 6. p. 6. Now this being another of the crimes charged upon the Earl , hear how the Advocate there understands it . But this ( he adds immediatly ) is to be understood of a ( N. B. ) direct impugning of their Authority ; as if it were contended , that Parliaments were not necessary , or that one of the three Estates might be turned out . Which how vastly different from his indirect , forced , and horrible inferences , in the Earl's case , is plain and obvious . 3ly , ibid. p. 58. l. 2. After having said , That , according to former Laws , no sort of Treason was to be persued in absence before the Justices ; And urging it to be reasonable , he adds , Nor is it imaginable but if it had been safe it had been granted formerly . And l. 31. he sayes , The Justices are never allowed , even by the late Act of Parliament , to proceed to sentence against absents , but such as are persued for Rising in Armes against the King The true reason whereof , he tells us , is that the Law is not so inhumane as to punish equally presumed and reall guilt : And that it hath been often found , that men have absented themselves rather out of fear of a prevailing Faction , or currupt witnesses &c. then out of consciousness of guilt : Reasons which albeit neither true nor just , ( seeing that the Law punishes nothing , even in case of absence , but either manifest contumacie , or crimes fully proven : And that the only reason why it allowes no other crime save Perduellion to be proceeded against in absence is because it judges no other crime tanti ) yet you see how this whole passage quadrats with the Earl's case ; Who being neither persued for perduellion , nor present at giving sentence , was yet sentenced in absence , as a most desperate traitour . 4ly . ibid : p. 60. l. 24. Speaking of the Solemnities used in Parliament , at the pronouncing sentences for Treason ; viz. That the Pannel receives his sentence kneeling : and that after the doom of for faulture pronounced against him , the Lyon , and his Brethren the Heraulds , in their formalities come & tear his Coat of armes at the Throne ; and thereafter hang up his Eschucheon ranversed upon the mercat Crosse : he adds , But this , I think , should only hold , in the crime of Perduellion , and then goes on to add . That the children of the delinquent are declared incapable to bruik any Office or Estate is another Speciality introduced in the punishment of Perduellion only . And yet both these terrible Solemnities were practised against the Earl , even by a Court of Iustitiary , and not in Parliament : albeit he was not accused of Perduellion , nor be indeed more guilty of any crime then all the world sees . 5ly ibid : page 303 l. ult , he sayes , That verbal injuries are these that are committed by unwarrantable expressions , as to call a man a Cheat , a woman whore : But because expressions may vary , according to the intention of the speaker ; therefore except the words can allow of no good sense , as whore or thief , or that there be strong presumptions against the speaker , the injuriandi animus , or design of injuring , as well as the injuring words , must be proven : and the speaker will be allowed to purge his guilt by declaring his intention ; and his declaration , without an Oath , will be sufficient . 2ly . The persuer should libell the design , and prove it , except the words clearly inferre it . 3ly . The persuer is presently to resent the injurie , and if , at first , the words be taken for no injurie they cannot afterward become such . Which things , being applied to the Earl's words , do evident I , say : That unless his words could allow of no good sense , or that there were strong presumptions against him , or that he could not purge his guilt , by declaring his intention , or that his words did clearly inferre the guilt , there could be no crime of Slandering Reproaching or Depraving , charged against him , except the injuriandi animus , as well as the words , had been both libelled , and proven . But so it is that his words do manifestly a low of a good sense , that there is not the least presumption of injurie can be alledged against him ; That he did most plainly purge himself of all suspicion of guilt , by declaring his sound and upright intention ; And that his words do not inferre , either clearly , or unclearly , the smallest measure of guilt ; And withall neither was the injuriandi animus at all proven ; But on the contrary , the words at first were taken for no injurie ; so that they could not afterward become such , As is above fully cleared : Ergo , even the Advocate being judge , the Earl is no Slanderer . 6ly . If it were necessary , I could further tell you several things that he alledges to be sufficient for purging a man of any criminal intention : As , where he sayes , ibid. p. 563. l. 2. That , in matters of fact , persons , even judicious , following the Faith of such as understand , are to be excused . And l. 30. That , if it appear by the meanness of the crime ( he should say the smalness of the deed : And what can be less then the uttering of a few words in the manner that the Earl spoke them ? ) That there was no design of transgression ; And that the committer designed not , for so small a matter to committ a crime ( much less such horrid ones as Depraving and Treason ) In that case , the meanness of the transgression ( or deed ) ought to defend against the relevancy &c. But to give you one instance for all , how much the Advocate may , one day or other , be oblidged to plead the innocence of his intentions , to free himself of words downright in themselves slanderous and depraving an act of Parliament ; much better nor he understands it , and in fresh , and constant observance . Ibid. p : 139 , towards the middle , speaking of the 151. Act. Ja. 6. P. 12. Whereby it is statut : That seeing diverse exceptions , and objections riles upon criminal libells , and parties are frustrate of Justice by the alledged irrelevancy thereof . That in time coming all criminal libells shall contain , that the persons complained on are Art & Part of the crimes libelled ; which shall be relevant to accuse them thereof : swa that no exception , or objection take away that part of the libell in time coming . He sayes , That he finds no Act of Parliament more unreasonable , For the statutory part of that Act , committing the triall of Art and Part to Assizers , seemes most unjust : Seeing in committing the greatest questions of the Law to the most ignorant of the Subjects , it puts a sharp sword in the hands of blind men . And the reason of this Act ▪ specified in the Narrative is likewise most inept , and no wayes illative &c. What reproaches ! What Blasp hemies ! The Earl said not one word against any Act of Parliament : But on the contrary , that he was confident the Parliament intended no contradiction , and that he was willing to take the Test in the Parliaments sense . But here the Ad●ocate both sayes and prints it , That an Act of Parliament is most unreasonable and most unjust , and its reason most inept , and that it puts a sharp sword in the hands of blind men Whereof the smallest branch is infinitly more reproachfull then all can be strained out of the Earl's words . But Sir , Speculation is but Speculation and if the Advocate when his day comes , be as able to purge himself of practical depravations as I am inclined to excuse all his visionarie lapses , notwithstanding of the famous Title Quod quisque juris in alt●r●m statuerit utipse eodem jure utatur , he shall never be the worse of my censure . FINIS . APPENDIX In Answer to a late Pamphlet called , A Vindication of His Majesties Government , and Judicatories , in Scotland , — Especially with a Relation to the late Earl of Argyl's Process , In so far as concerns the said Process . IT now remains that we consider the fore-mentioned Paper called a Vindication &c. , And though the account you have had in the Narrative may abundantly satisfy all rational men as to any thing contained in this Vindication , in relation to the Earl's process ( my only concern ) yet because the Writer of it hath taken liberty to vent many falshoods , known to be such to himself , and the whole Kingdom ; and that in such a positive , presuming Stile , as , with his insinuat character , seems to be purposely designed to impose upon strangers , and lead them from the Mist he pretends to discuss into gross Darkness ; I shall here , without giving you the trouble of letter upon letter , transcribe shortly what my friend , who sent me the Narrative , hath since given me the occasion to remark upon this Vindication , in so far as it refers to it ; without digressing to other things , which no doubt others , more concerned , and better qualified , will not fail to examin . And , after having first wisely projected to disarm all his opponents , by robbing them of the liberty of the press ; that himself may use it , without control , and spread his informations , and vindications without reply , as Diurnals writ for Regulation Of Lying to enform the Nation . And , in the nixt place , chaffed himself by some rambling reflections on past controversies ( which yet , for all the boast he makes of the present blessed composure of affairs in Scotland , if he and his associats still persist to treat them after their manner , will , I fear , never finally end , untill they be reacted , and all former errors for ever corrected ) He comes to notice the Earl's Process , and a pamphlet called , the Scotch mist , that takes pains , as he sayes , to make it appear an unanswerable instance of the arbitraryness of Scotch Iudges . Where having prefaced just as much in their vindication as may be said for all the Judges of the world , whereof yet we know that thousands are ignorant , corrupt , and violent : And nixt told us , very discreetly , that Earl Strafford was murthered by King , Lords , and Commons , because forsooth that they following the known rule of the civil Law , Si quam paenam Princeps irrogavit nec ad exemplum trahitur , nec per sonam transgreditur , made an Act , That none should die by that preparative ; with some other stories of the like nature , backed with a few fables of his own invention . For clearing matter of Fact he sayes , first , That the Earl of Argyl's learned Iudges were not a pack't Commission , but the ordinary judges of the Nation . But what then , if this lessen their tentation , doth it not rather aggravat their injustice ? But 2ly . Not to trouble you with the just and true characters of some of them ( which to persons unacquainted might possibly appear a libel ) is it not well known , that , at the first , and untill sufficient assurances of the bench were obtained , there was a resolution to have given , or pack't ( as our Author speaks ) Assessors with them ? 3ly . Were they not all Judges of the late edition , to wit , no more advitam , or culpam , as of old , but durante beneplacito ? And 4ly . Are not such as were most forward , and active , in the Earl's comdemnation , proportionally rewarded ? And as for the Earl's Jurors or Assizers , you have heard a full account of them , in the Narrative . 2ly . Our Author tells us , That the King , and his Ministers were under no tentation , against the Earl : That there was no design against his life : That His Royal Highness , albeit informed of an escape intended , yet gave express order not to keep him strictly , even after he was found guilty ; As also His Highness ordered , that Advocates should be prest to appear for him : And in fine that the Earl was very discreetly , and respectfully used . And. 1. As to His Majesty , He is indeed most freely assoiled of all , either inclination or tentation in this matter , except that of importunity . But 2ly . For His Ministers the contrivers , and actors , their tentations may be guessed at , by what is said in the Narrative : And if they also had none , it only sayes that they run without driving , and are the lesse excusable . 3ly . How forward His Highness and the Council were to press Advocates , in the Earl's cause , and to grant his Petitions , though founded on clear Acts of Parliament ; how false it is that his Royal Highness had any information of the Earl's intention to escape , and notwithstanding ordered that he should not be strictly keept ; and whether or not there was a design to take the Earl's life ; you have already ( and I hope plainly and satisfyingly ) seen in the Narrative : But pray remark the solly of this self-condemned reasoning . For. 1. If the Earl was truly guilty of these worst of crimes , Leasing-making , Depraving , and Treason , why should he not have died ? And if he was not guilty , what wickedness was it to give Sentence against both his Life and Fortune , and since , by disposing on his whole estate , to execut it as far as possible ? And 2ly . Is it not a pleasant conceit to imprison , arraign for Treason , and find guilty , and crave leave to Sentence , a Person of the Earl's quality ; And then to take away all his Estate ; and yet to tell the world , there was no design against his Life ? Solomon sayes , As a Mad man , who casteth firebrands , arrows , and death , so is the man that deceiveth ( much more condemneth ) his nighbour , and saith , am not I in sport ? And Machiavel ( whose Politiks , may be , with some are in more request then Solomons Proverbs ) taxeth it as no less impolitik to take away a man's Estate , and yet spare his Life . And yet notwithstanding ou● wiser , and more politik Author will have us to believe neither . But 4ly . Yet the Earl was very respectfully used . And this must go far from such hands : And was he not indeed so , when he was . 1. Summarly imprisoned , without Bale , or Mainprise ? 2ly . Arraigned before the Justice-Court , and not reserved to the Parliament , as is usual for Persons of his rank , especially the Parliament being then current , and its next Session near approaching ? 3ly . Refused access to , or opportunity to speak with His Royal Highness , though it was often and much desired ? And 4●ly . When by the Sentence his Blood was tainted , his Posterity disabled , and his Escucheon and Arms thereafter torn , and ranversed , as if he had been the worst of traitors ? I grant , it was observed , that the debate in the Process was managed , on both hands , with a more then ordinary coolness : but as something must be imputed , on the one part , to His Majesties Advocat's secret conviction of these strange impertinencies whereunto the discharge of his Office obliged him , and on the other hand , to the Earl's Advocates their perswasion , that his words were so innocent that hardly any thing could be said that was not equally criminal ; so it is certain that the main cause was , that both the one and the other knew that the design was laid , and the issue inevitable . Thirdly . This Vindicator sayes , That the Earl's Jurisdictions and Estate could be no tentation ; for the late Advocate had given such reasons against his Right to these Iurisdictions and Superiorities as could not be answered ; and that the King got nothing ; for his Royal Highness procured more of it to his children then belonged to the Family , debts being payed : And the remainder was given among the Creditors , and the tithes returned to the Church . But. I. Our Author goes on still to disown tentations , which can signify nothing , save to confirm more and more that the Earl was overthrown and ruined by pure Mal●ce . For if there was no tentation , either against his Person , or Estate , and yet notwithstanding of his innocence ( which all men see ) the former be subjected to a Sentence of death , and the later quite taken from him , must not this strange severity proceed from a very extraordinary good Nature ? 2ly . Our Author disowns any design against the Earl's life : But affirms , That there are reasons unanswerable against his Iurisdictions , and Estate . And yet instead of making use of these reasons civily , to take away his Jurisdictions , and Estate , his life is criminally , and principally persued . How are these things consistent ? But that which is crooked cannot be made straight . 3ly . It is false that ever the late Advocate , or any other , represented any reasons , far less unanswerable ones , against the Earl's Rights , either to his Estate ▪ or Superiorities . And the whole truth in this matter is that he did indeed offer some reasons to the Exchequer , against the Earl's Right to his Jurisdictions , but which , at the same time , were so evidently refelled , by shewing , that the Earl's Rights were long anterior , and no way touched by all the Acts of Parliament whereon he founded , that His Majesty , after full information , did , first by his Letter ( a copy whereof ye will find subjoyned ) expressly order the passing , and confirming of the Earl's Rights ; and then give a special Instruction unto his Commissioner , to ratify it , in plene Parliament , which was also done . And what the present Advocate did , in the last Parliament , and how it succeeded , with what else may be needful for clearing of this point , you have already in the Narrative . 4ly . Our Author , first , confounds the Earl's Estate and his Superiorities , as if one and the same thing : Whereas a man's Estate includs also his Property . But the Second mistake , and the greater cheat is , because the word Superiority sounds more of power then the word Property doth , therefore the Earl's enemies do in his case constantly joyn his Jurisdictions , and Superiorities , as if both of the same nature , and equally amissable , for not taking the Test , or any the like cause . And hereby have they so far impressed His Majesty as to cause him also speak at the same rate : Whereas it is an uncontestable truth , that a Superiority in its Right , and as to the person that enjoyes it , is plainly Property , and is only called Superiority because the Owner by granting , according to the use of the Feudal Law , a Subaltern Right to a Vassal , holding , or releving of himself , for certain Services , or for a Quit-rent , thereby becomes his Vassal's Superior ; a practice plainly authorized , and much ▪ recommended by old Acts of Parliament , as the best advancement of Policy . Which things are not said , as if the Earl had not as good a Right to his Jurisdictions as to his Superiorities ; Seeing he is fully secured in both , by the Laws of the land ; but Jurisdictions being of their own nature subject to many Laws and regulations that nowise concern Superiorities , or Property , and the Earl's Superiorities being in effect a considerable part of his Estate , it is very much his interest that they be distinguished , to prevent his adversaries imposings . But 5ly . That you may the better discover their designs against the Earl : Here , you see , the world is told , that he hes no right to his Jurisdictions , and Superiorities : But , in the Gift that they have lately moved His Majesty to grant of the Earl's forfaulture , they make His Majesties deed to proceed upon quite different reasons , in these terms viz , That His Majesty , in the first place , wills , and declares , that all the Earl's Iurisaictions , Offices , Superiorities , &c. Shall for ever be consolidat , and remain with the Croun , as being necessary for the support of his Government , and too dangerous for him , and his people , to be , heritably , in the hand of any of his subjects ; and his Majesty never having designed to dispon the same . Which considerations , though they might be of some moment in the case of a just forfaulture , yet in the Earl's case , wherein it is known that before his trial they were the main reasons pretended to work his overthrow , by this sham-Treason , they can nowise be regarded , because it is most certain , 1. That the Earl's Superiorities do no more concern the Crown , and Government , then his Property ; and that by the same reasoning , or rather Ostracism , any man's Estate , whether Superiority , or Property , as men may phansie them to exceed their arbitrary measures , may be taken from him , on as good pretexts . 2ly . That the reasons assigned do so little militate against the Earl's Iurisdictions that these Jurisdictions were expressly given to his Predecessors , and made heritable in his Family , for eminent Services peformed to the Crown , and upon convincing experience that they could not be better disposed on , for the support of his Majesties Government , and protection of his people , especially against the savage Islanders , and their partakers : However some , because of their Popery , and Barbarity , think fit at present to patronize them . 3ly . With what colour can these things be alledged for consolidating with the Crown the Earl's Jurisdictions , and Superiorities , When we see Jurisdictions , and Superiorities , as considerable , that were taken from his Family , by his Father's forfaulture ( whereof you have a just account in the Narrative ) conferred upon the Marquess of Huntly ; and new Regalities , and Jurisdictions , of as great import , bestowed upon the Marquess of Queensberry , and others , against most express Acts of Parliament . But 4ly . The Truth and ingenuity of all this procedure may be best judged by the last allegiance , wherein they cause His Majesty affirm , under his great Seal ▪ That he never designed to dispon these Superiorities and Iurisdictions to the Earl : Albeit as to the Superiorities his Majesty never scrupled , and as to the Jurisdictions he did not only actually dispon them , but after being fully informed of all the objections could be moved in the contrary he did expresly own , ratify , and confirm the deed , first by his Letter , hereafter set down , then by his special Instruction to his Commissioner , and 3ly . by his solemn Ratification in Parliament . But suppose the Earl be unjustly spoiled ofall his fortune , yet , sayes our Author , the King , by the generous interposition of his Royal Highness ( for , if you will believe this Loyal Vindicator , it is still His Highness Clemency that mitigats His Majesties rigours ) hath administrat very honestly , getting nothing to himself ( for as to the Earl's Iurisdictions and Superiorities , though they were just now of that value as to be necessary to the King , for the support of the Government , and dangerous in the Earl's person to both King and people , yet here they are accounted less then nothing ) but giving more of it to his Children then belonged to the Family ( debts being payed ) and the rest to the Creditors , and the tythes to the Church . A short specious account of a world of iniquity ! for though the Earl be fully perswaded that his Majesty neither desires any thing of his Estate , nor expects any advantage by the destruction of his Family : yet is it not , in the first place , hard above measure , that the Earl should be in the same manner deprived , & divested of all , without the least consideration of his Person , as if he had been sentenced for the most hainous Perduellion ? 2ly . Notwithstanding all here said , and though it was once given out that the Earl's eldest Son should have a considerable addition to what he presently enjoyes and that the rest of the Children should get their just Provisions , yet the eldest is still left lyable to the provisions of his Brothers & Sisters , and to severall of his Father's debts , without any releef ; and hath not yet got one farthing , either in money or security , more then the setlement made upon him by the Earl at his marriage , wherein he was , & is , in Law secured , beyond the reach of any forfaulture could fall upon his Father . And for the rest of the Children , not only have they got no sufficient security , but some smal Payments , appointed them by his Majesty , are said to be restrained unless the Earl's Rights be delivered up : A thing altogether unusual , & which argues in the Demanders a manifest diffidence of the Right of forfaulture , and were both inhumane , and is impossible for the Children to do . 3ly . Waving the false , and invidious insinuation here made of the Earl's debts , take this brief account of the condition whereunto , at present , his Estate and Creditors are reduced . When His Majesty returned , the late Marquess of Argyle ( as you may read in the Narrative ) had undertaken , and stood engaged for debts of the House of Huntly , amounting to 35000 l Sterl : Yet upon Argyle's forfaulture the Marquess of Huntly's Estate , extending to 4000 l Ster : yearly Rent , whereof Argyle was legally possest , for his releef , was taken from Argyle , and given to Huntly , without any burthen , and all that debt left on the Family of Argyle . Thereafter his Majesty thought fit to restore this Earl of Argyle to a part of his Father's old Estate , and to appoint the rest of it for payment of Creditors , in the order then prescribed ; whereupon the Earl , agreeing with as many of the Creditors as according to His Majesty's assignment acclaimed the remainder , he was setled in what he possesses , with a considerable burthen . And thus his Right was then established , though with the heavy prejudice of a great many other Creditors , who being truly Creditors of the House of Huntly became only Creditors to the late Marquess of Argyle , in the manner you have heard , and by the above-mentioned Restitution of the Marquess of Huntly were miserably cut off : But upon the Earl's present disaster , what neither material justice nor the merit of the Persons could obtain , against the House of Huntly , is now by importunity procured , against the Earl of Argyle , for the more effectual ruine of his Family and Friends , and these old Creditors of Huntly , who were no original Creditors of Argyle , brought in upon Argyl's Estate , to the exclusion of his proper Creditors . And further , least the real Securities , by Morgages , and otherwise , that some of the Earl's Creditors have , should avail them , these are also made void , by the Act of Quinquennial Possession , and the other Rigours of forfaultures , only accustomed to be practised ( and yet not without some mitigation ) in the case of atrocious , and open Rebellion against the King and Kingdom . And besides all this , his Majesty hath been also moved to give away considerable Superiorities , and Lands , pertaining to the Earl , to several Persons , having no other pretension , or merit , saving an unreasonable enmity against the Family of Argyle . By all which it is evident , that , besides the horrible usage the Earl met with , in his Trial , and Sentence , not only is He himself wholly neglected , and his Children little regarded , in this late disposal of his Estate , but his proper Creditors and Friends are also prejudged , and postponed : And in effect his whole Estate , fair and opulent enough to have payed all his debts honestly , provided his Children competently , and sustained the dignity of his Rank honourably , cutted and carved on , before his eyes , at pleasure , and much of it parcelled out , and bestowed upon the worst of his neighbors , and his greatest enemies . But to make a mends for all , our Author sayes , The Tiends are returned to the Church . But seeing the Earl possessed all his tithes , by good and lawfull purchases , and undoubted rights from the Church , whereof the Church neither did , nor could complain , our Author should have remembered , that The Lord loves Iudgment , and hates Robbery for burnt offering . Yet , in all this , the Earl doth not intertain one hard thought of His Majesty , knowing certainly that notwithstanding all was prepared for him by his learned Iudges and wife Councellours , Yet he hath not stept one step , in this affair , but by importunity ; even tho all access to represent any thing to him , on the Earl's behalf , was way-laid . Nor did his Majesty yeeld to pass the late Signature disposing of the Earl's Estate ( albeit the Earl of Middletoun was sent express about it ) until his Royal Highness arrived from Scotland at Newmarket , and prevailed . As for the three capital Sentences , against the Earl's Family , which our Author mentions , you have a full account of them in the Narrative . What return shall we then make to our Author 's Euge , for a happy Kingdom , but , O unhappy happy Kingdom ! Wherein the fairest words are made the foulest offence , and the smallest offence punished as the greatest Treason , where dreames and visions are exhibited for Indictments , and Judges , and Jurors find them to be Realities , where Right is turned to precarious Gift , and then taken , and retaken , at pleasure : And yet all these things gloried in as the greatest marks of its felicity : And , in a word , whose misery is lamented by all , except a few that enrich themselves with its spoyls , and triumph in its Ruines ? Our Author comes , in the next place , to give an account , in what manner the Earl gave in his Explanation , and took the Test : Where denying and affirming many things , at random , which are all distinctly set down , and cleared in the Narrative , I shall here only briefly remark his own ( as he pretends to do other mens ) Mistakes . And first , albeit the Earl was not publikly desired to take the Test , yet it is most true , that , in private , his Royal Highness did much press him to it : and , after a meeting of Council had been designedly appointed for the Earl's taking or resussing , his Highness did peremptorily oblidge him to attend the next Council-day in course , and plainly refused to give him leave to withdraw , and take the benefite of the two moneths longer time , allowed by the Act of Parliament . 2ly . It is false , That the Earl had assured both his Royal Highness and many others that he would not take the Test ; that he came in abruptly to the Council ; that he spoke with so slow ( or soft ) a voice that none say they hear'd him , that he clapt down on his knees , and took the Test. When as . 3ly . It is certain , That what passed betwixt his Royal Highness , and the Earl , about the Test , is faithfully setdown in the Narrative , and the Earl was not more positive with any other on that subject : That it was with difficulty that the Earl got his appearance before the Council delayed untill the day he presented hemself : And that that day he was expected , and also spoke to , and treated with by several Councellors , before he entred , about the swearing with an Explication : That being entred , and a stool set to him , to kneel upon , he first gave in , or ( which is more ) declared openly , and , word by word , directed toward his Royal Highness the Sense and Explanation wherein he was content to swear : That his Highness heard it , and told the Earl so much , the next morning : That the Clerks heard it , and repeated it to several persons , and one of them in his Witnessing against the Earl expresly swears that he heard it , and saw it accepted : That some that sate remotest in the Council both heard and repeated the Earl's words : That , after the Earl had pronounced them , the Oath was administrat to , and sworn by him ; Which was the most proper , natural , and direct Acceptance that could be desired : So that , after this business was thus publikly transacted , for our Author to say , either that the Earl spoke softly , or that he ( specially being himself a Privy Councellour ) should first have given in his Sense , and petitioned to know if it was acceptable , is a silly pretence . But 4ly . Our Author , not only contrary to truth , but , which is more remarkable , in contradiction even to his Majesties Advocate , and the Records of the Court , proceeds to affirm . 1. That the Earl dispersed copies of his Explanation , albeit his Majesties Advocate , having libelled the same thing , was necessitat to pass from it , because absolutly false , and destitute of all evidence . And next , That his Majesties Advocate having allowed the Earl to prove , That the Council heard and approved it , yet he failed in the probation . Whereas it is manifest from the Process , that the Earl , having alledged , for a defence against the crimes of Leasing - making , Depraving , and Treason , That the Council had accepted his Explanation , in manner above ▪ declared , and that therefore it could not be made a ground to infer any of these crimes against him : The Lords by their Judgment Interloquutour did expresly repell this defence ; And all they sustained was a defence proponed to elude the Perjury , to witt . That the Earl emitted his Explanation at , or before , his taking of the Test : Which emitting , as it plainly differs from the point of Acceptance , so was the proving of it justly neglected by the Earl , because the Emission notour , and the charge of Perjury ridiculous ; as you have it more fully in the Narrative . But these things our Author willfully mistakes , that he may the more easily abuse strangers . As for what our Author here adds , That the Earl's Explanation made the Oath no Oath , and the Test no Test , and would have evacuated the whole Act , as , he sayes , he will prove , shall be noticed , when he comes to his proofs : Only where he sayes , The greatest Fanatiks in Scotland owned they would take the Test in the Earl's Sense , without prejudice to their Principles ; It is a groundless assertion , and by all of them utterly denyed . He sayes , The Mist puts a strange abuse upon the world , as if the scruples that he sets down were only the scruples of the conformed Clergy , whereas many Papers , bearing that title , were drawn by the Presbyterians . But seeing the Paper that the Mist sets down was certainly emitted by one of the conformed Clergy , and doth fully homologat with the Rest above-insert in the Narrative ( which without doubt are all of their fabrik ) the pretended abuse is altogether groundless . But now our Author comes to make good the Earl's Indictment , in point of Law : And though here we find nothing new , or repeated with any advantage , and though all ▪ be already fully answered , in the Narrative , yet , lest he complain of neglect , I shall run over what he alledges , as briefly as I can . And having set down the words of the Earl's Explanation , The first Crime , sayes he , charged upon the Earl , from this Paper , is that , albeit it be statut , That no man interpret the King's Statuts otherways then they bear , and to the intent and effect they were made for : And that the King , and Parliament did appoint the Test to be taken for securing the Protestant Religion , and the King's Prerogative , without any evasion : Yet , notwithstanding thereof , the Earl did take the Oath , in such a sense as did not only evacuate his own taking but learn others how to do the like , and evacuate all Acts of the same nature that can be made . But seeing that in matter of crimes Statuts are certainly designed for Beacons , Land-marks , and the most clear distinctive Directions that could be invented , as well to hinder men from transgressing as to guard them against the Pains , and therefore are to be understood in the most obvious signification that the words do bear , Is it not an odd stretch for our Author to think that a man's taking of an Oath , enjoined by a Statut , in any sense , whether true or false , pertinent or impertinent , if simply offered by him , for expeding of his own Conscience , should be look't upon as an interpreting or misinterpreting of the Statute , which oftentimes happens to be but to clear , when the Oath is confessedly ambiguous ? Thus , as to the sense and meaning of the Act in hand , viz. That all men , therein comprehended , should take the Test , in manner , and under the certification therein contained , the Earl never had the least hesitation about it . All his difficulty was to clear himself and his own Oath , as to the ambiguities acknowledged even by the Council to be in the Test , ( though not in the Act ) and this he does , by referring explicitly to the Parliaments sense , and design , as it stands expressed in the Act , without ranversing either the words of the Test or meaning of the Act , as an other approven Explication doth : How is it then possible , that for this he should be thought concern'd in this Statute , as a Misinterpreter ? And is it not , on the other hand , very evident , that both the Advocate , and our Author , and their Associats , in wresting this Statute ( which seems principally to have been made against the misinterpreting and wresting of Laws in Iudgment ) to so remote and extraneous a case , are themselves the only Misinterpreters , and Transgressours ? But waving the connexion let us hear how our Author proves the subsumption , viz. That the Earl did take the Test in such a sense as did evacuate his own , and teach others to do the like , and evacuate all other Acts of that nature : And ( to repeat as little as possible ) he sayes , That the design of Laws , and Oaths , is to procure a certainty of obedience , and performance , but the Earl's qualified Oath everts this design . Wonderfull ! The Test is in it self granted to be ambiguous , and reaches not this design . The Earl , that he may deal more clearly with God and the Government , declares explicitly a plain and certain sense , wherein he is willing to take it ; and the Council , who might , and ought to have rejected it , if not satisfieing , do accept of it . And yet hereupon he is immediatly by them staged as an Everter , Depraver , and Traitour . And wherefore ? Because forsooth the Earl promises only to obey the Act as far as he can . ( A most absurd and ridiculous pretence ) And tells us not in what he will obey . Which ( albeit no crime though true ) is yet a great falshood : For the Earl immediatly subjoins a very certain and congruous sense , in which he is willing to take the Test , all the obedience here in controversie . 2ly . Because the Earl sayes that no body can explain it but for himself , and reconcile it as it is geuuine &c. which , ( adds our Author ) implyes that it had no plain genuine sense . But though the Council did explain this Oath , and in so far grant that it had no plain genuine sense ( for what is already plain without doubt needs no Explanation ) yet the Earl goes not so far : But all he meant was , that , in the midst of so many Objections made against the Test , he could only clear it for himself : Which also he does most safely and soundly , in referring to its self-consistency , and the Parliaments sense , and scope , the best Rules of interpretation . 3ly . Because the Parliament designed the Test as a security for the Protestant Religion . But , sayes our Author , The Earl , by saying He did only take it in as far as it is consistent with itself , and with the Protestant Religion , implyes that in some things it is not consistent . But , 1. Implications , which may be so easily strained , and oftentimes are found to be as the Fool thinks , are terrible grounds of Crimes . 2ly . If the Parliament designed the Test as a security for the Protestant Religion , and the Earl did take it , in so far as it is consistent with the same Protestant Religion , what can be more agreeable ? And 3ly . It was neither the Earl's words , nor intention , that the Parliament had framed a Test in some things not consistent with it self , and the Protestant Religion , but the true sense of his words was , and is , That however many did alledge both yet he took it in as far as it was consistent , which he vvas sure ( as our Author sayes ) vvas the Parliaments purpose . 4ly . Because the design of this Oath being to preclude the Takers from reserving a liberty to rise in arms , upon any pretext whatsoever : The Earl ( sayes our Author ) by his Explication , reserves to himself a power to make any alterations that he shall think for the advantage of Church and State. But , not to stay you here with what you have so fully cleared in the Narrative , Dare any man ( even our Author not excepted ) say , That he who reserves a liberty to himself , in his station , and in a lawfull way , to wish and endeavour , any alteration , he thinks , to the advantage of Church and State , not repugnant to the Protestant Religion , and his Loyalty ( which are the Earl's words ) eo ipso , reserves to himself a liberty to rise in arms upon any pretext whatsoever ? Certainly to assert this , ( as our Author here does ) is not only to deny common sense , but desperatly to affirm , That to rise in arms , upon any pretence whatsoever , is a lavvful thing , advantageous to Church and State , and agreeable both to Religion , and Loyalty ; The most traiterous and irreligious Position that can be devised ; and which , one day or other , our Author may be more straitned to answer then at present he is to maintain the gros●est absurdities . Now whether by all these fyne Remarks our Author hes concluded , as he alledges , that the Earl hes interpret his Oath otherwise then it bears ( although this be also a wide , and weak impertinency , as to the inferring of any crime ) let the world judge . But. 2ly . Sayes our Author . If the Earl's glossing vvere allovvable then there vvere no need to propose doubts in Parliament , but Oaths might be left to be formed at the Takers pleasure . But. 1. Is not this consequence far more clearly deducible from the Councils emitting their Explanation ? 2ly . What sense or non-sense could induce our Author to dream , that because Inadvertency may necessarily occasion Explications , therefore men should be still Inadvertent ? Our Author desires to knovv , from any man of sense , if the Earl vvould have obtained , from the Parliament , at the passing of the Test , That everyman should be allovved to take it , as far as it was consistent with it self , and the Protestant Religion , and with the Earl's other Qualifications ? And ( if I , in this contest , may pretend to this quality ) I would answer him roundly . That albeit , I think , hardly any man of sense could make a proposition , in thir terms , to that soveraign Court , that had full power to change the Test , at their pleasure ; Yet I am very confident , that had any man suggested the half of the objections that have since been started against it , they would very readyly have endeavoured to obviat all reasonable exceptions of Inconsistency ; though neither by our Author 's wise Expedient , nor yet by reserring them to the Councils just and accurate Explanation . And for the other Qualifications in the Earl's words , I am most assured , and have his Highness for my Voucher , that had the Parliament been ask't , Whether or not the Test did bind up a man , in a lawfull way , and in his station & c ? They would have answered , Not , and that therefore , though they might have judged the Reservation not necessary , yet , for the greater ease of conscience , they would never have stuck to allow any honest man , in swearing , to express it or not , at his pleasure . 3ly , Our Author asks , If a man should by Oath oblige himself simply to make me a Right to Lands . could this sense be consistent with it , I 'le make it as far as I can ? Or would a Right so qualified satisfy the Obligation ? But , if I were to oblige a man simply by his Oath to make me a Right , and he should answer , I le do all I can to satisfy you ; and then tell me distinctly what he would sweat to do , and what not , ( which is the plain parallel of the Earl's case , cleared from our Author's Inversions , ) I should think my self bound , whether I accepted his offer or not , to judge him a fair plain-dealing man. But if once I accepted , and should afterward call him a Cheat , certainly all men would esteem me the greater Cheat of the two . 4ly , 5ly , and 6ly , Sayes Our Author , Oaths should be so taken as that the Taker may be persued for perjury : That the Covenanters would not have suffered a man to take the Covenant as far as consistent with his Loyalty . And are not the enemies of the King's Supremacy content to swear in so far as is consistent with the Word of God ? So that if the Earl's sense were allowed every man should swear upon his own terms , and upon contrary terms . But , 1. Without question , the Earl turning either Papist or Disloyal might have been persued for perjury upon his Oath as qualified . 2ly , Albeit the Covenanters might have laughed at a man for adjecting a caution which they thought expressed , yet I am sure , at worst , they would never have judged the offer a crime , much less accused the offerer , after having accepted it . 3ly , It is nothing to the purpose what Declarations the enemies of the Supremacy make : But , if these our Author mentions be criminal ( as he would have us to believe ) I would intreat him to tell us why their makers are not persued : and unless he say , It is because these Declarations were not made before , & accepted by the Council , I hope he will be so ingenuous as to confess , that it is because , albeit these Declarations be judged eversive of the Oath , yet they are not accounted Crimes , in respect they are only well mean't proposals , which when rejected evanish . And , 4ly , Our Author's Consequence , If the Earl's sense be allowed then every man should swear upon his own terms , as it doth not at all concern the Earl , so hath it no connexion , except in so far as it reflects on His Majesties Council , the alone Masters of such Allowances . 7ly . Sayes Our Author , Former Statuts having discharged Conventions , or Convocations , and Bonds , or Leagues , without the Kings consent , The Covenanters protested , that their Covenant was not against these Acts ; because they could not be meaned of Meetings and Bonds for preservation of the King , Religion , and Laws , And the 4. Act : Par : 1661. Declares all such glosses false , and disloyal : And therefore the Earl's gloss must be so too . But , 1. The Earl's gloss is no such gloss , it doth not at all touch these Conventions or Bonds said to be discharged ; therefore it must not be so . 2ly . The Earl's Explanation is expresly qualified , in a lawful way , and not repugnant to his Loyalty : which words plainly respect the Act 1661. as well as all other Acts made for defining our allegiance , and duty : And therefore it cannot possibly fall under its compass as a Contravention . But now , after we have done with our Author's Critique , which , he sayes , makes his subsumption clear and undeniable , I freely appeal to all men of ordinary ingenuitie , whether he hath proved so much as the first Article of it , viz. That the Earl took the Test in such a sense as did evacuate his own Oath , much less the other parts of it ( mere extravagant improvements of a lesed phansy ) viz. That he did thereby teach others to do the like . And evacuate all other acts of that nature . And yet our Author , as if he had fully made out his Charge , goes on to answer , not the Mist in the pertinent contexture of its whole discourse , but a few such Objections as he thought fit lamely to excerp out of it . And the first he takes notice of is , where the Mist or M r Mist ( as this Brouillon calls him ) sayes , That if the Authority vvhich is to administer the Oath accept the Takers sense , the Taker is only bound in that sense : But so it is the Council accepted the Earl's sense , and if they had refused it the Earl had not taken the Oath , nor had his refusal been a crime . Which being indeed an unanswerable Defence for the Earl , and largely insisted on in the Narrative , I shall only shortly consider our Author's Reply : whereof the summe and force is , That the Council , not having the povver to pardon Crimes , their connivance at the Earl's misinterpreting the Law cannot exoner him : Which he illustrats by putting the case , That a man having many Friends in Council gives in an Explication incontrovertedly treasonable : for example , That he minds not thereby to bind up himself from rising in Arms ; yet it would be no defence ( sayes our Author ) that the Council did not challenge it , for the time . But ( waving the Author's confounding of misinterpreting of a Law with the missensing of an Oath , His lessening the Councils Acceptance of the Earl's Explanation into a bare connivance , and lastly his reproaching their Lordships with a very palpable insinuation of partiality ) The question is not , If the Council have the power of pardoning , as our Author goes about to pervert the argument , on purpose that he may presuppose a Crime , but plainly , If they have not the Authority to administer the Oath of the Test , by express provision of the Act of Parliament : Which our Author cannot deny . Now , If the Council , by the Act of Parliament , have the Authority to administer , and did really accept the Earl's Explanation ( and not only connive at it ) which on his part was a mere proposal , and , in effect , by their acceptance became as truly their Explanation as if they themselves had emitted it , how is it possible that , in this matter , he should be thought guilty , without overturning all the principles of Reason , Sense , and common Honesty ? I grant , If the Earl , or any man else , had , under the pretext of offering an Explanation , taken occasion openly to misinterpret the Laws , or utter speaches manifestly treasonable , the Councils connivance could not fully assoil him But , 1. What have we to do with such absurd , and incredible suppositions ? And is it not the hight of calumnie to compare the Earl's Explanation , which both in it self , and in all its circumstances , manifestly appears to be most ingenuously , and dutyfully , by him tendered , for the exoneration of his conscience , and was no less really accepted as such by the Council , with imaginary criminal Wrestings , and treasonable Declamations , which , as proposed , scarce any man , in his right wits , can judge caseable ? 2 ly . The Earl , and his words , being charged with Misinterpreting , Slandering , Reproaching , and Depraving his Majesties Statuts , and Proceedings : If the Lords of Council , who represent his Majesty by a commission , unaccountable save to his Majesty alone , accept his words , is it not the same thing as if his Majesty himself had done it ? Which certainly is more significant , as to the cutting off of any pretence of Injury , then either Dissimulation , or Remission , which yet all Law doth constantly sustain for that end . 3ly , As to the Treason objected , though there were some ground for it , as there is none , yet seeing the Earl's Explanation was tendered to the Council , to be by them authorized , and if by them rejected had indeed evanished as never uttered , It 's yet further evident , that their Acceptance could not be made a snare to the Earl , without the greatest injustice . But 4ly , The Council being impowered by the Parliament to administer , and having accepted the Earl's Explanation , it is the same thing as if the Parliament had accepted it , in which case , even our Author must acknowledge that all ground of accusation would have been for ever excluded . But , instead of noticing these things , all that our Author sayes is . 1. That the Paper containing the Earl's Explanation was not given in till the next day after that the Earl had sworn the Test. But was it therefore not delivered verbally in Council the day before ? And was not this Delivery enough ? And 2ly , That tho the Judges had allowed the Earl to prove that he had emitted these words , at the swearing of the Test , yet he failed in the probation . But in what manner , and for what intent , this Allowance was given , and how disingenuously it is here obtruded , I have already cleared . In the 2d . Place , Our Author affirms the Mists alledgeance for clearing the Earl of the Charge of Misinterpreting , viz. That the Law doth only discharge publik Misinterpreting to the abusing of others , to be most false . But , althouh I have already told you , that to extend the Law against Misinterpreting the King's Statuts to a man's Missensing of an Oath , is a wide stretch , which both Papists and Fanatiks , who vastly disagree from our Author as to the sense of the Oath of Supremacy , and yet have no difference with him as to the sense of the Acts imposing it , may justly call absurd . Yet , to assist my Friend the Mist ( who , tho a stranger , hath yet said things ten times more justly then our Author , albeit , apparently , a piece of a Scotch aspiring Lawyer . ) 1. I would be content to know , If so be our Author think every private misinterpretation of Laws to be a transgression of this Act of Parliament What shall become , not only of thousands of the King 's best subjects , who fall dayly in such mistakes , but also of Advocates , and Lawyers themselves , who are continually , by the Ears about such controversies ? Nay even of his Majesties Advocate , who in his prined Criminals , as you may see above in the first Pos●script to the Narrative , calls an Act of Parliament , an unreasonable , unjust , murthering , and inept Act ? And I am very confident , whatever our Author shall think fit to alledge , either from the Direction of the Intention , or favour of Circumstances , for acquitting these Misinterpreters , it shall fully quadrate to the Earl's case , and with many and clear advantages . 2ly . When our Author jumps from the Misinterpreting of Lavvs to the Missensing of Oaths , and thereon tells us , how dangerous and criminal it is to take Oaths in wrested senses , contrair to the design of the Legislator : He , first , supposes what is already shewed to be false , viz. That the Earl's Explanation of the Test is wrested : And next , he quite forgets that no sense of the Test can avail , unless accepted by the Council the great Administrators . So that , for all his flanting , the Government doth still retain its outmost and best Security viz. The Fidelity of such as it intrusts , without whose allowance all senses and Explications are utterly insignificant . In the 3d. place , Our Author offends at the Mist , for saying , That the Legislator is surest of those who give Explanations , & plain dealing is alwayes honest dealing : Because , sayes our Author , If this prove any thing , it vvill prove that any man may adject any quality , and so render all Oaths useless , &c. But. 1. You have just now heard , That the Takers adjecting , without the Administators accepting , signifies nothing . 2ly . Our Author acknowledges , That vvhere the sense is previously offered to , and accepted by the Legislator ( or such who are by him authorized to administrate , which certainly in Law and sense is the same thing ) it secures the Taker . Which , notwithstanding of our Author 's reasonless denial , is , in terminis , the Earl's case . But 3ly . Our Author adds , That the Earl's saying , He is content to take the Test , as far as it is consistent with it self , and the Protestant Religion , condescends to nothing . Strange ! The Parliament in the Test expressly make the Confession the standard of the Protestant Religion : The Council in their Explanation ran verse this , and make the Protestant Religion the standard of the Confession , and the very fixed point of the Test. And yet when the Earl swears the Test , without the least reflection on the Confession , as far as it is consistent vvith it self and the Protestant Religion , All this must be nothing . As to what our Author adds , That he is desirous to knovv in vvhat part of Europe such Qualities vvere ever allovved ? Would he allow me the like liberty , I would ask him , 1. In what part of Europe was ever such a Test framed ? 2ly . In what part of it was ever such an Explanation as the Earl's , after acceptance , made a crime ? And 3ly . In what part of the whole world was ever such an Indictment contrived , and Judgment past ? And , in the mean time , he may find in the Narrative just such a quality as the Earl's allowed in a far plainer Oath , by a far severer Prince , and in a far more publik manner , to Archbishop Cranmer , in England . And. 2. ly . A much more odd One , in the same matter , by the Scotch Council , to the Scotch Clergy . Our Author repeats , — And sayes , It vvere most absurd to think that misinterpreting of Laws , and defaming of Parliaments should be suffered , because thrown in into Explications ; and that adjected Qualities are worse then Equivocations , and mentall Reservations . But there being neither Misinterpreting nor Defaming in the Earl's case , and the Quality by him adjected being in itself sound and congruous , and by the Council accepted ( Notwithstanding our Author's foolish pretence , That it was not first offered by vvay of Petition ) I cannot stand to refute all impertinencies . And , as to what he adds , about the Councils Explanation , emitted in favours of the Clergy , that it doth not unsecure the Legislator , not admitt the Takers to be Judges ( as he falsly insinuats that the Earl's doth ) all these things are already fully examined . The second Crime , sayes our Author , fixed upon the Earl , from his Explanation , vvas grounded on the Act Ja : 6. Par : 10. c. 10. Made against defaming of King and Parliament , and depraving their Laws . But this Crime , and all that our Author sayes for enforcing it , being so largely , and clearly answered , in the Narrative , I freely grant , That , Defaming , and Depraving are great Crimes ; That it is one of the principal Concerns of Governours to have themselves esteemed by their People ; That Lavvs for this effect have been consented to by our Parliaments , to serve ( as our Author loves to speak ) instead of Armies ( though yet we have the misfortune to have both ) That even Insinuations and Inferences if plainly tending to the Reproach and Slander of Rulers , may be in so far criminal as to deserve an extraordinary , though not the ordinary pain . And lastly , That in Crimes Dolus malus is for the most part presumed from the nature and circumstances of the Deed it self . And shall only adde . 1. That where our Author asserts , That the forementioned Act of Parliament was made against Words , and Papers , in general , vvhereby misliking might be moved betwixt the King and his Subjects ; And that it regards the effect only , vvithout respect to the Author's design , the same is false , inconsistent , and dangerous : False , because it is a known Maxime of Lavv , and Reason , That Maleficia , Voluntas , & Propositum Delinquentis distinguit l. 53 ff : de Furtis . And to think that the Lavv punishes any thing , without either apparent , or presumed dole , and malice , is to confound Crime and Chance , Guilt and Innocence . 2. Inconsistent , because , albeit our Author do here tell us , that the Parliament look't only to the effect , yet afterwards , He not only alledges that the Earl's malice may be gathered from the nature and strain of the Paper , but endeavours to clear it , by several circumstances . And lastly , Dangerous , because thereby a man's best security , Innocence , and a Conscience void of offence , is quite taken away , and the man and his words , and writings , exposed to every perverse Inference that Madness ▪ prompted by Malice may suggest . 2ly , That , notwithstanding all the evil inferences , and worse consequences , that our Author charges upon the Earl's words , yet it is impossible for any man , considering without prejudice the Circumstances wherein they were emitted , not to acknowledge , that as they were plainly intended by the Earl , for the Exoneration of his ovvn Conscience , so in place of Defaming , & Depraving , they evidently contain a very seasonable Vindication of the Parliaments honour , and integrity . If the Test had been unanimously concluded in Parliament , and universally received by the People , without hesitation , or exception : And if , in that case , a man had idlely and officiously said , That he believed , that the Parliament did not intend to impose contradictory Oaths , and that he , for his part , could take it as far as it is consistent vvith it self , and the Protestant Religion : I grant that a nice or malicious Hearer might possibly have formalized , and made it a matter of Explication : But when it was notour , and offered to be proven , that contradictions in the Test were the common discourse : That almost a third of the orthodox Clergy did , on this account , scruple at it ; And severall of them had published their scruples in writing ; That the Earl , when desirous to absent , was ordered to be called to the Council , either to take the Test , or refuse it : And that , the very day he appeared before them , they voted their own Explanation in favours of the Clergy : I appeal to all impartial men , if the Earl's Asserting publikly his Confidence , and Willingness , as you have heard , instead of a Reflection , was not , in such a juncture , a most just , and fair Declaration , as well in behalf of the Parliament , as of his ovvn Conscience . But our Author strains , and insists upon Consequences from the precise and abstract words , without regaird to either occasion , time , place , manner , or end , albeit the principal significators , in cases of this nature , and in effect the main hinges of all morality : A Logick capable to pervert the best words , and subvert all ingenuity , and honesty , amongst men . For put the case that , to satisfy the apprehensions and doubts that were so frequent of Contradictions and Inconsistencies in the Test , His Highness himself , or the President of the Council , had said to these Scruplers , in these or the like words , That he was confident the Parliament had no intention to impose contradictory Oaths , It is evident , That by our Author 's reasoning , this very apology , how fairly soever intended , in charity to these dissenters , and for the Parliaments vindication , might , as well as the Earl's words , be urged with all our Author's misconstructions , and made a mortall Crime . But leaving things so obvious , and already so fully cleared , take a short account of the Circumstances wherewith our Author doth further charge the Earl. And , first . He sayes , That the Earl's Father , and Family had owned eminently the Principles against which this Oath was taken . But our Author cannot deny that they owned yet more eminently the Protestant Religion , the only subject of this Part of the Test , and of the Earl's Explanation now questioned . And for the other Principles here named , they owned them no otherwise then the Parliaments of both Kingdoms did . 2ly . He says , The Earl himself had taken the Covenant . And so did — — And many thousands of his good Subjects beside . 3ly . He tells us , The Earl had all along opposed the Test in Parliament : But therefore there was the greater reason that his offer to take it , with an Explanation , should have been favourably accepted . 4ly . Our Author adds , The Earl had positivly told his Royal Highness , he would not take the Test. But this is both false and impertinent . 5ly . He says , Neither the Ministers , nor others in the Earl's countrey , upon whom he had influence , had taken the Test. But ( beside that this is not true absolutly , and that in effect Few Ministers in Scotland had , at that time , taken the Test , in respect there were about two moneths of the time allowed by the Act of Parliament then to run ) how iniquous is it to make the Earl accountable for other mens inclinations ? 6ly . The Concern and Kindness the Fanatiks shew for the Earl is also objected , but with the same truth and pertinency as all the rest . And yet our Author concluds , All which demonstrate . That he had an aversion from the Test. Which indeed might very well have been , without this demonstration : But that therefore what he said about it , or ( as our Author speaks ) did against it was done dolo malo is just as much as to say that he who , in candid and honest dealing , goes about to explain an ambiguous Oath , before he take it , speaks maliciously against it . But our Author tells us , That the Lords of Justitiary had a clear Precedent for what they did against the Earl , in the like Iudgment given in the same Court against the Lord Balmerino ; Who for a Petition presented to , and accepted , and once read by his late Majesty , vvas found guilty , upon far remoter inferences , of Misconstruing his Majesties Proceedings . But this being particularly answered by the Earl's Lawyers , in the Process , I shall only here add . 1. That Balmerino's Petition , containing many positive alledgeances reflecting on several passages of the Government , in order to a redress , wherein his design might very readily fall under suspicion , holds no parallel with the Earl's Explanation , on his part a mere Proposal made with all due respect to the Parliament , and simply tendered for the clearing of his Oath and Conscience , and not indeed capable of another construction . 2ly . The King never accepted Balmerino's Petition by way of Approbation , nor was it so much as delivered to him by Balmerino . But our Author , by this false phrasing of the King 's having seen , and read this Petition , would take off the Councils formal , and direct Acceptance of the Earl's Explanation . And 3ly . That albeit Balmerino's Petition , and the Earl's Explanation hold no manner of proportion , yet even Balmerino's case was generally judged so hard that his Jurours themselves divided upon it , and he was only found guilty by eight of them against seven that assoiled him , and immediatly after Sentence he was freely pardoned . As to what our Author adds Of this same Earl's being formerly found guilty Anno 1662. Of the like Crime , upon the like Ground : It is very true : He was indeed then found guilty of the like Crime , and upon the like Ground . And not only by the same partie , but by some of the same Persons , who & semel & semper are , and will be — in eodem genere . But of this you have already had a large and full account . Our Author comes to review the Mist's Justification of the Earl's words . To which opposing his former Perversions he only repeats , with some new extravagancies , what is already answered . Thus , for instance , where the Earl , in duty and civility , sayes , by way of Preface , That he was desirous to give obedience as far as he could , which clearly refers to the Act of Parliament , and the Councils Requisition , whereunto he professes his willingness to give all possible satisfaction : Our Author , to shew his good Breeding , and better sense , tells us , That these words vvere intended by the Earl for a quality and part of his Oath , as if he had said that though he vvas content to svvear , yet he vvas only minded to keep so as far as he could : Whereas it is evident , as the sun-light , that the quality that the Earl adjects , and which he would have understood for a part of his Oath begins after these words , And therefore I take the Test ; And that this quality is both certain , sound , and most genuine . But having already told you that before the Earl's appearance the Countrey was filled with the noise of Contradictions , and Inconsistencies , in the Test ; So that the Earl's words in stead of Reproaching were , in effect , a direct and very seasonable Vindication of the Government , as well as of his own Conscience ; And that the Security of the Government as to Oaths is not concerned in the senses that men devise , or propose ( as our Author perpetually mistakes ) but in such as it pleaseth the Council , the grand Administrators , to accept ; I shall not trouble you with further Reflections on this head : Specially seeing that albeit the importunity of the Earl's Accuser have occasioned , what in the Narrative , and what in this Preface , a sensing and resensing of his words , almost ad Nauseam . Yet the plain truth , and my opinion is , that the Earl's words never had , nor can have but two senses , and these most distinct , and constant , The one genuine , just , and honest , which all indifferent men ever did , and do acknowledge , The other most strained , crooked , and calumnious , which yet his Adversaries will alwise adhere to . But , sayes our Author , these words , I take it in so far as it is consistent with it self , and the Protestant Religion , do so openly import that in some things it is inconsistent that vvhosoever vvould persuade him to the contrary must think him Fool or Idiote . But. 1. Since the Earl doth not say what our Author would have openly imported , either positively or designedly , it is impossible he could say it Criminally . 2ly . Since his words do manifestly referr to the many Exceptions that were abroad against the Test ; And that it is no less evident that by his Explanation he singlely intended to clear his own Conscience , and deal candidly with the Government : Whosoever would perswade that there is in it any ground of Offence or Crime , specially after it was accepted by the Council , must be really either Fool or Worse . Our Author indeed tells us , That the words vvere spoke by the Earl to inflame the people : That they reflect upon the Prudence and Conduct of the Parliament , and so prove Defaming and Depraving unansvverably . And vvhat can be more Depraving of a Law then to make it Pravam Legem ? And vvhat Law can be more prava or pernicious then that vvhich is inconsistent vvith the Protestant Religion , and vvhich tyes to svvear things contradictory ? And the having svvorn and dispersed his Explications shevves a firm and passionat Design to poyson the People vvith a belief of all these ill things of the Parliament . But seeing the common and certain understanding of Depraving is to wrest by a false and malicious construction to a bad end what was designed for a good : That , for certain , there is no falshood so much as alledged by our Author to be in the Earl's vvords : And for malice all the circumstances above adduced do undoubtedly purge them of it : That no man in a studied Apology can say , The Parliament did not intend contradictions , but his vvords by this calumnious Logick may be charged with the same train of absurd Consequences : That the Councils Explication is , in every respect , more obnoxious to them then the Earl's : That our Author knows Dispersing neither was nor could be proven : And that in effect the Earl's Explanation was accepted by , and so became the Councils more then his ( as you have fully heard in the Narrative ) This groundless violent Invective is already answered . But , if I may take a little more liberty then my Narrator thought fit to use , Dare our Author state the controversie upon this issue , Whether there be Contradictions and Inconsistencies in the Test or not ? Or if they be ( as the Council hath implicitly granted , and all men may explicitly see in the Paraphrase above set doun ) will he have it a Crime for a man to say , He believes the Parliament intended no Contradictions , and that he is content to take the Test in so far as it is consistent ? Or would he have us to believe , either that all Scotch Parliaments , ( or , at least , the Last , by reason of an extraordinary assistance ) are infallible ? Or if they be fallible , as they confess themselves , thinks he the People either so Blockish as not to see their Failings , tho never so palpable , and also important to mens salvation , or so Brutal as to break all Measures , if once they conceive their Rulers to be but Men ? But though here you may indeed perceive the Grounds whereupon all our Author's discourses in this Pamphlet do proceed , Yet seeing they are manifestly calculate to some mens unhappy Designes , who on purpose inveigh against the People , as either ignorant or insolent , that they may be arbitrary : and would have all Dissenters from their designes to be Suspect , and all Suspect to be Traitors , that they may be uncontrollable : I hope men are not yet brought to that pass either of Simplicity or Terrour as to be cajolled or cudgelled into a complyance with such pernicious Insinuations . The third Crime wherewith the Earl was charged was Treason : A Crime now become with us ( and so much the more pity that we live under a Prince so quite different ) as it was of old said to be under Tiberius , Omnium accusationum complementum : And which , sayes our Author , was inferred against the Earl from these words . I doe declare , I mean not to bind up my self , in my station , and in a Lawfull way , to wish , and endeavour any Alteration I think to the advantage of Church and State , not repugnant to the Protestant Religion , and my Loyalty ; And this I understand as a part of my Oath . And this , our Author tells us , he will make out , in a plain , familiar , unanswerable way : And , for that effect , gives us this demonstration , in Mode and Figure . He that reserves to himself the power of reforming Church or State , commits Treason . But the Earl in his Explication reserves to himself a povver of reforming . Ergo. And not to amuse you with repeating what is already so fully said , in answer to this Pretence , equally ridiculous and pernicious ; To this formal Argument take this formall Answer . He that reserves to himself the povver of reforming , &c. By asserting or assuming to himself the povver of reforming , either proper to the Prince alone , or in a way without his line , or without warrant of Law , or to the hurt of Church , and State , and repugnant to the Protestant Religion , and his Loyalty , commits Treason : Transeat , be it so . He that reserves to himself the povver of reforming , &c. By declaring he minds not to bind up himself , in his Station , and in a lawfull way , to endeavour Alterations , he thinks to the advantage of Church , and State , not repugnant to the Protestant Religion , and his Loyalty , commits Treason . Is denyed . Nay in effect this is so far from being Treason that the thing thus reserved is the indispensible duty of our Allegiance : And for a subject , specially a privy Councellor , not to wish , and endeavour , in his station , and in a lawfull way , such Alterations as he thinks to the advantage of Church and State , and not repugnant to the Protestant Religion , & his Loyalty , were a Lash Disloyalty , and plain Perjury . But so it is that the Earl in his Explication reserves to himself a povver of reforming , in the former sense , is false , and the very thing denyed by his vvords : In the later , and second , sense , it is indeed true , but , in steed of being a Crime , a most clear , and certain duty . But , our Author sayes , That any is as comprehensive as all : which he gravely proves by several instances : and thence infers , That therefore the Earl has reserved to himself to endeavour all Alterations . And , sayes he , If that be not Treason nothing can be Treason . But albeit to endeavour any , or all Alterations simply ( as our Author sophistically , and calumniously divides the Earl's words ) may be Treason , dare he affirm , That for a man in his station , and in a lawfull way , to endeavour any or all alterations , to the better , and not repugnant to Religion , and Loyalty ( which are the Earl's words ) is Treason ? Or can he , or any man , deny , that the doing of this very thing may be the necessary duty of every good subject , much more of one of his Majesties svvorn Councellors . Our Author sayes indeed well , but to no purpose . That it is Treason L. 1. § Majestatis ff ad L. Iuliam Majestatis , to attempt against the security of the Government . But can he , or any man , in his right senses , conceive , that for a man to endeavour any , or all Alterations , as above qualified by the Earl , is to attempt against the Government ? Certainly he may as soon prove that to assist and advance the Government , faithfully , and strenuously ( the true , and obvious import of the Earl's words ) is to overturn it traiterously . But our Author hath a clear Statut for him viz. P. 1. Sess : 2. Act. 2. Ch. 2. Whereby it is declared that these Positions , That it is lawfull for subjects , upon any pretence , to enter into Leagues , or take up Arms against the King , Or that it is lawfull for subjects , pretending his Authority , to take up Arms , against his Person , or those commissionat by him , Or to suspend him from the exercise of his Royal Government . Or to put Limitations on their due Obedience , and Allegiance , are rebellious and treasonable . From vvhich vvords , sayes he , I infer , most clearly , That for a subject to declare , he is not tyed up from wishing any Alteration is Treason : For , any Alteration comprehending all Alterations , can any man of sense and ingenuity deny but this is a putting Limitations upon his Obedience ( why not due obedience ? ) and Allegiance ? But , admitting any to be comprehensive of all Alterations , can any man of common ingenuity say , That he that declares himself not tyed up from endeavouring , in his station , and in a lawfull way , all Alterations to the advantage of Church and State , not repugnant to Religion and Loyalty , declares himself not tyed up from endeavouring all simply ? Which is a quite different thing : Or that he that purposely declares in the former manner , that he may preserve the just latitude of his Allegiance , doth put Limitations upon his due Obedience , and Allegiance , when , in effect , he most expressly ampliats and explains it ? But our Author coming to see that the deadly thing in the Eal's vvords is neither the Any , nor the All , addes . For vvhat is a greater Limitation then to reserve to himself to be Iudge hovv far he is tyed ? But , because the Earl , in his sincerity , professes that he minded to endeavour , in his Station , and in a Lawfull way , such Alterations as he should truly think , and not barely alledge , to be to the advantage of Church , and State , Doth he therefore make Himself , or his Opinion , the only Rule of his Oath , and performance , and not rather the Lavv , to which he so plainly refers ? Or hath our Author either so little Understanding , or so little Honesty as not to acknowledge , that though , de jure , all men be obliged to regard Lavv , and Reason , as the great Directors of duty , Yet , de facto , they can only apply them ( providing they would do it ingenuously ) according to their ovvn conceptions ? So that to accuse a man for such an Expression is to put off all professions of Sincerity , and to subvert the very use of thinking among men , as is more fully above held forth . Our Author , in the next place , gives us many reasons , why the Earl's Cautions , in my Station , and in a Lawfull way , not repugnant to Religion and Loyalty , cannot salve his Reservation ; But still seduced by one and the same foolish and wretched Error viz. That because such Cautions do not justify the contrarie Transgressions therefore all Professions so cautioned are a crime . Thus he tells us , first , That the Covenant ( as criminal as it was ) vvas so qualified . But who ever thought that these qualified Professions in the Covenant , condescended on by our Author , were the Covenanters guilt ? Sure I am , it is only for the opposite Practices , and not at all for these Professions , that the Act of Parliament condemns them . 2ly . He sayes , These Cautions never hindered any man to committ Treason . And what then ? Have not the best Cautions and highest Professions in the world been in like manner violate ? Whereas the thing our Author should have said is , That an Endeavour every vvay qualified as the Earl professes hath been found treasonable . But knowing this to be certainly false you see how he here declines to averr it . 3ly . He tells us , That they that rebelled in the 1666 , and 1679. professed great love to his Majesty . And had they never said , or done more , does our Author think they had been found guilty of Treason ? 4ly , He tells us , That the adjecting of such Cautions is reckoned by Lawyers as Protestatio contraria facto . And so indeed they may justly be ( as they only are ) when any Fact is committed contrary to them , as for example , when the Earl shall turn Papist . But was it ever heard , since Law was named , or Reason understood amongst men , that a man's declaration , That he did not mean to bind up himself in his Station , and in a lawfull way , to endeavour Alterations he should think to the advantage of Church and State , not repugnant to Religion and Loyalty , was judged either Protestatio illicita , aut cuivis facto licito contraria ? And 5ly , Our Author repeats the Statut condemning glosses put upon the Laws by the late Rebellious Parliaments , to the prejudice of their Allegiance . But I have already told you , there is no such gloss contained in the Earl's words : And I further appeal to all men ( our Author not excepted ) whether ever these Parliaments , if they had only professed , That in their station , and in a lawfull way , they would endeavour any Alteration they thought to the advantage of Church and State , not repugnant to Religion and Loyalty , would have incurred his late Majesties displeasure , much less the atrocious Character of Rebellious , here cast upon them ? But , sayes our Author , Their Explanation declaring that what they did was for the preservation of Religion , which is the very Explanation put by the Earl upon this Oath , was particularly condemned as false and disloyal . But ( not to tell you that by our Author's words a man would think that even to say , The Test was made for the preservation of Religion , may be found both false , and disloyal ; which I heartily wish may never come to pass ) may not this passage alone convince our Author , That it neither was nor could be the Parliaments precise professing themselves to be for Religion but only their professing and justifying of what they did to be for Religion which was judged false and disloyal ? And that because their Profession , or Protestation , was thought contrary to their Deed ; with which the Earl's case , Qui adeo factorum innocens ut verba ejus arguantur ( as a noble Roman said in the like case ) and who is not so much as accused of having done any thing , holds not the least similitude . And yet sayes our Author , From all this it clearly follows , That the Earl , by reserving a power to himself to endeavour Alterations , did committ Treason , notwithstanding all his Cautions . Where , that you may understand the Man , and then see how fairly , and justly , he dra●s this Conclusion , be pleased to notice , That where the Earl declares , in one speach , That he meanes not to bind up himself , in his Station , and in a lawfull way , to endeavour Alterations , not repugnant to Religion , and Loyalty , Our Author ( not to speak of his changing ) first honestly divides the Earl's words , whereby he , or any man , may , with the same ease , turn Scripture into Blasphemy , telling us , That the Earl reserves to himself a power to make any Alterations : Just as if he had said this simply , and no more . Then , straining , and affirming these words to be Treason , he rejects all the Earl's Cautions , in the same manner as if they had not been manifest parts of his Declaration , uttered with one and the same breath , but adjected , ex post facto , to palliate some high Rebellion . According to the Candor and Justice of which Procedure it is obvious , That a man's professing , he would take up Arms , at his Majesties Command , for the advantage of Church and State , conform to his Allegiance and Loyalty , might be equally judged to be Traiterous and Rebellious . For , Rising in Arms sounding evidently much worse then the endeavouring of Alterations , Let our Author once divide the words , and affirm , That the first Part of them is Treason , and then all that followes shall be held for Insufficient , Cheating , and contrary Cautions , and the man irrecoverably cast as guilty of Treason : How justly or unjustly let all men judge . But our Author proceeds to answer what the Mist objects : And. 1. Where the Mist sayes : That Treason requires a special Law , Our Author denyes it , telling us , That so soon as Kings were , and before there was Law , it was Treason to rise in Arms against them ; That Treason is the fence of the Government , as murder is of private mens lives ( as our Author strangely words it ) That Law thought it unnecessary to provide against the greatest Treasons ; and that Traitors vvould easily elude the expressvvords of a Statut. Which things albeit they be partly true : Yet , 1. I hope , these who in the beginnings of Kingdoms died for Treason died by lesse then bills of Attainder , viz. by bare Royall Decrees , which I cannot think our Author imagines were then drawn in Exemplum . 2ly . It is to be considered , that because in these beginnings of Kingdoms some Crimes , that are such by the light of Reason , were necessarily punished without Statut , it will not follow , That therefore Crimes may now be made at Random , and punished at Pleasure . 3ly . It is without controversy , That whatever , at present , is not Treason , jure gentium , ought not to be persued , and punished , as such , without a positive Lavv : Specially to inferr the pains of For faulture , which , exceeding the prescript of common Reason , do certainly in all cases require an Express Statut. 4ly . It is most dangerons , and tends visibly to defeate all the providence and security of Law , to alledge , That , even in the case of an express Statut , Traitors may elude its vvords : And that therefore something else ( no doubt the Judge's arbitrary Arbitriment ) must be necessary . And 5ly . It is most certain , and evident , that neither by Statut , Law , Reason , nor Sense , the Earl's words are chargeable with the smallest delinquency , much less the heavy Crime of Treason . 2ly . Where it is objected , That the Earl by his Oath as a Privy Councellour is obliged , in that his Station , and in a Lawful way , to propone and advise , and so to wish and endeavour any Alteration he thinks to the advantage of Church and State , not repugnant to Religion and Loyalty : And that therefore his Reservation in these terms was necessary , at least , unde nyably good , and lawful . Our Author knowing this to be an unanswer able Defence against this imaginary Treason , first , propones it most lamely , and overly , and then for a Reply returns us a full Concession ; Which that you may the better perceive take the Argument for the Earl thus . What the Earl is certainly bound to , both by his Peerage , and Oath as a Councellour , the Reservation of a freedom to do it cannot be Treason . But to wish , and endeavour , in his Station , and in a lawful way , any Alteration he thinks to the advantage of Church , and State , not repugnant to Religion , and Loyalty , is that which the Earl is bound to , both by his Peerage , and Oath as a Councellour . Therefore the Reservation of a freedom to do it cannot be Treason . The Proposition is founded on clear Law , and Reason , it being evidently impossible to conceive that the Reservation of a freedom to do what is my bound duty , by Oath , should fall under the construction of Treason . The Subsumption is proven thus , The Earl is bound by his Peerage , and by his Oath as a Councellour , to assist His Majesty with his best advice , and concurrence , in all things . Ergo , By his Peerage and Oath he is bound to wish , and endeavour , in his Station , and in a lawful way , any Alteration he shall think to the advantage of Church , and State , not repugnant to Religion , and Loyalty . The reason of the Connexion is , because , as our Author sayes , All comprehends Any ; and Things , no doubt , includs Alterations , and Wishes , and Endeavours , in a lawful way ; for Alterations to seen advantage not only may but must be imported by the Advice and Assistance sworn to ; when ever His Majesties Command or undoubted Interest shall call for them ; It being undenyable , that , as Wishes and Endeavours are included in Advice and Concurrence , so for a sworn Member of His Majesties Privie Council not to give His Majesty , in such an exigent , his best Wishes and Advice , and his most heartie Endeavour and Concurrence , would be manifest Perjury and Disloyalty . Nor does it at all alter the Case though we restrict the Quality precisely to His Majesties Pleasure : For , if that be the only Lawful and Loyal Way of Wishing , Advising , Endeavouring , and Concurring , It is evident that the Earl's words do reserve this alone , and no other way beside . So that there could be nothing more justly said by him for asserting that due liberty which his Peerage and Oath do indispensibly require , and consequently , his Words , being plain Duty , and Conscience , could never be made Treason . Now after our Author hath shuffled over this Defence , and Exception , as you may see in his Vindication : For an easie answer ( as he calls it ) he tells us frankly , That no Oath doth hinder a man from doing what is lawful , and so there needed be no Reservation , nor Exception , on that Consideration : And again that the Oath did not exclude any Lawful Endeavours , at the Desire or Command of the Prince ( which the Earl , as I have told you , is here as well content to admit for the qualification of Lawfulness as our Author ) and so there needed no Exception as to these . And thus you see that the Earl , for a Reservation , even in our Author's judgment , neither false nor unlawful , but only judged by him to be needless , is found guilty , & condemned of high Treason ; which is as full a Concession , in my opinion , as could have been desired . Ay but , sayes our Author , The former argument still recurs . viz. He that will not bind up himself as to any thing reserves a power as to all things ; which must , at least , be interpret of unlawful things ; for lavvful things need no Exception . But ( not to notice our Authors Christian charity , and far more observable justice , that because Lavvful things need not be reserved ( though in all cases dubious it be certainly the more tender part to reserve them ) will therefore have the Earl's Reservation to be of Things unlawful , and treasonable ) The Earl's Reservation is most expresly of Things lawfull ; in so far as he only refuses to bind up himself , in his Station , and in a lawfull way , as to things advantageous to Church , and State , not repugnant to Religion , and Loyalty : Which is a full and cumulative Expression of their Lawfulness . And as to what our Author subjoyns of the Earl's putting Limitations on his Allegiance ( in so far as what he sayes is intelligible ) it is already answered : It being manifest that the Earl's words , in stead of being a Limitation , are a designed and ample Extension . In the next place our Author comes to tell us , That the Earl's Qualifications take off the whole force of his Oath , either as to rising in Arms , or any other unlawfull thing : For. 1. Sayes he , He takes the Oath only in so far as it is consistent with it self , and the Protestant Religion : So that if he think the Protestant Religion shall require rising in Arms he is not tyed . But. 1. I have told you how false it is that the Earl resolves the force of his Oath upon his own thinking , which here he doth not so much as mention . 2ly . Is it not strange how our Author should judge that the Protestant Religion may not make as certain a Qualification in the Earl's Explanation as it doth in the Councils ? Where yet , in liew of the Confession of Faith , the standard appointed by the Parliament , it is made the only bar against Popery . 3ly . What a ridiculous Conceit it is to think that the Earl , by offering to take the Test , in as far as it is consistent with it self , and the Protestant Religion , did reserve to himself a liberty to rise in Arms , when by an Article of the Test , which can neither be taken off , nor eluded by any part of the Earl's Explanation , he was to swear liquidly , and distinctly , not to rise in Arms ? 2ly . Sayes our Author , The Earl's Oath only tyes him as far as he can , which may leave him yet bound by the Covenant . But I have already cleared how the Earl did only profess his readiness to obey the Act of Parliament as far as he could , without intending by these Words any restriction of his Oath ; and that to wrest them as if designed for that end is an absurd and willfull errour . 3ly . Sayes he , The Earl takes it only as far as it is consistent with it self . And God and the Earl only know how far that is . A noble Testimony to the Test ! And as plain a declaration that our Author neither knows nor ca●es to know how far it is consistent . But having already told you , that the Earl did certainly use this Expression to vindicate the Test , and his own Conscience , from other mens Exceptions , and Scruples ; And that no man , in reason , either ought to take it , or can be bound by it otherwise , I shall not here adde any thing . And lastly , our Author repeates the danger of Limitations , telling us , That if after the dreadfull effects we have seen produced by them , and that Parliaments have condemned them as Treason , we should still be secure , and unconcerned , all the vvorld might laugh at our ruine . But seeing it is . 1. Most ridiculous to call a manifest Extension an undue Limitation . 2ly . Most false that ever the Parliament condemned any Limitation of the nature of the Earl's Reservation , or that ever a Deed qualified in the Earl's terms , was , or can be thought dangerous , far less rebellious . 3ly . Most certain that nothing , in all times , hath so much ruined Government , and Governours , as the unjust Iealousies , and pretended legal , but really violent Proceedings of its Ministers , I shall not trouble our Author with any further Remarks . In the close of his Discourse , he thinks fit to instigate Judges to Severity , and to guard them against insolent Pity , as he calls it , which truly , after what all men have seen of their frank Procedure against the Earl , appeared to me , at first reading , a very superfluous Caution . But my Surprise was only from the want of our Author's fore-sight , and was soon intirely discussed : For , just as I am writing , there is come to my hand His Majesties gracious Proclamation , for compleeting , no doubt , the selicity of our Author 's happy Kingdom , by ordering the Prosecution of all Rebells , and their Resetters , &c. In the Execution whereof , now after the Government had , for severall years , connived at many hundreds of these Rebells , and out-Lavvs , and thereby rendered the people secure and careless ; It is easy to demonstrate , that more then ten thousand of his Majesties peaceable Subjects may be prosecute , and punished as Traitors , and above fourty thousand beside made liable to Fining , and Imprisonment , at the Councils pleasure . A work which , I confess , requires the highest measures of severity that our Author could prompt to , & doth indeed leave the far better part of the Kingdom without all refuge , or relief , save in his Majesties Clemency : But where I also hope they shall seasonably , and comfortably find it , notwithstanding all our Author 's many sly and mischievous Insinuations to the contrair . He vvishes the Earl had come in vvill , as if forsooth he had proven him to be guilty : And as falsly insinuats this to be usual , that he may represent him , not only as Criminal , but a Contemner of his Majesties Mercy . He likewise tells us , That he doth not admire that this Author , and these of his vvay see not this Paper to be Treason , since they vvill not acknovvledge it to be Treason to oppose the Succession , and to say , that it can be altered by a Parliament : Which yet the Scotch Parliament thought to be Treason : Nor in the last age thought they it Treason to rise in arms against the King , and call Parliaments vvithout him : So that , sayes our Author , The fault is only in the depraved Intellectuals of such as have , by a long custome of hating Authority , bred in themselves a hatred of every Person and thing that can maintain it . But not to stay here to discuss all the Calumny , and Envy , wrap't up in this passage , I shall only desire you to consider . 1. That our Author would have it a transcendent wonder , that the Author of the Mist should say , The Succession can be altered by a Parliament : And yet he cannot but know that that Person lives under an express Act of Parliament declaring it Treason to say the contrary . 2ly . He sayes , The Scotch Parliament thought it to be Treason to oppose the Succession , and to say that it can be altered by Parliament . And yet the same Scotch Parliament judged it proper for them to declare and confirm the Succession : And Law and Reason say that , Constituere & destituere sunt ejusdem facultatis . But not to insist upon these things , For a Conclusion I shall only take the liberty to protest for my self ( without offering to anticipate the better judgment of others , as our Author visibly doth ) That were I as clear for the Succession as his Royal Highness , As dissatisfied with the old Statut , and late Proceedings of the English Parliaments about it , as our Author , As zealous for the Honour , and Infallibility of the last Scotch Parliament as his Majesties Advocate , As enraged against former Practices as the greatest Torry in Britain , And yet more tender and respective of Authority then my ovvn heart : I could not have imagined , that either Misinterpreting , Defaming , Depraving , or Treason , should have been found in the Earl's words : And am very apprehensive , that the Judgment so given against him may prove a greater bar to the Succession , and Reflection on Scotch Parliaments , and Judges , then all that our Author hath laboured to squeese out of them . COPPY OF His Majesties Letter , ordering the passing of his two former Signatures for the Earl's Offices and Jurisdictions . AT Edinburgh , the fifteenth day of January , 1669 Years , His Majesties Letter under-vvritten , direct to the Lords Commissioners of his Treasury , and Exchequer , vvas presented , and read , and ordained to be recorded , whereof the Tenor followeth . Sic suprascribitur CHARLES . R. Right trusty , and right well beloved Cousins and Councellors , and right trusty , and well beloved Councellors , we greet you well . Wee did , upon the fyfteenth day of October 1667 , sign a Signature , in favours of the Earl of Argyle , and another , shortly after , for the Lands of Knoydart : The Signatures , we are informed , are not past And in August last , our Secretary acquainted us with a Letter , which he had received from our Advocate , bearing date the thirteenth day of August 1668 Years , together with an Information , containing thirteen Reasons , against some heritable Offices , comprehended in the said Signature : We are also acquainted vvith the Earl of Argyle's Ansvvers . All vvhich vve have taken into our consideration : And , although we are very well satisfied with our Advocate , in his doing of his duty , in representing to us what he conceives to be fit for our service in this particular ; as also vvith his Fiaelity , and Diligence in other things relating to his Place ; Yet , upon serious Consideration of the vvhole matter , It is our Gracious Pleasure , That the said Signatures , vvith these Offices , be past our Exchequer ; and that , in the terms exprest in our Letter , signed by us soon after the signature , any thing in our Instructions to the contrary notvvithstanding . For all vvhich this shall be your vvarant . And so we bid you farewel . Given at our Court at White●al , the seventh day of January , 166 9 / 8 , and of our Reign the 20 Year . By His Majesties Command . Sic subscribitur Lawderdale . Extractum de Libris Actorum Scacarii per me . Sic subscribitur THO. MURRAY Clericus Reg. FINIS . 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A86351	----	A true and impartiall account of the plunderings, losses, and sufferings of the County of Hereford by the Scottish army, during their siege before the city of Hereford, Anno Dom. 1645. Since brought in by the country in writing. Published in this juncture of time for the undeceiving of the people, who may perhaps fancy to themselves some imaginable advantage by stickling for the Scots and their partizans in this nation. By Miles Hill, Gent. Hill, Miles. This text is an enriched version of the TCP digital transcription A86351 of text R205863 in the English Short Title Catalog (Thomason E607_3). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 38 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86351 Wing H2004 Thomason E607_3 ESTC R205863 99865107 99865107 117344 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86351) Transcribed from: (Early English Books Online ; image set 117344) Images scanned from microfilm: (Thomason Tracts ; 93:E607[3]) A true and impartiall account of the plunderings, losses, and sufferings of the County of Hereford by the Scottish army, during their siege before the city of Hereford, Anno Dom. 1645. Since brought in by the country in writing. Published in this juncture of time for the undeceiving of the people, who may perhaps fancy to themselves some imaginable advantage by stickling for the Scots and their partizans in this nation. By Miles Hill, Gent. Hill, Miles. [2], 14 p. Printed by E.G. for L.C., London : 1650. Annotation on Thomason copy: "July. 2d". Reproduction of the original in the British Library. eng Scotland. -- Army -- History -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Hereford (England) -- History -- Siege, 1645 -- Early works to 1800. A86351 R205863 (Thomason E607_3). civilwar no A true and impartiall account of the plunderings, losses, and sufferings of the County of Hereford by the Scottish army, during their siege Hill, Miles. 1650 4452 3 0 0 0 0 0 7 B The rate of 7 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A True and Impartiall ACCOUNT OF THE Plunderings , Losses , and Sufferings OF THE County of HEREFORD BY THE Scottish Army , During their siege before the City of HEREFORD , Anno Dom. 1645. Since brought in by the Country in writing . Published in this juncture of time for the undeceiving of the people , who may perhaps fancy to themselves some imaginable advantage by stickling for the Scots and their Partizans in this Nation . By MILES HILL , Gent. LONDON , Printed by E. G. for L. G. 1650. To the Christian Reader . WHen the Apostle makes a prediction of the evils and miscariages of the last daies , 2 Tim. 3. he doth not instance in such wickednesses as are of a grosse and visible cognizance , but in those of a more spirituall and refined nature , men shall be lovers of themselves , without naturall affection , highminded , &c. For as in the appearances of heavenly glory the best wine is kept till last , and the compleatest enjoyments served up at the end of the feast ; so darknesse treasures up her most deceavable workes till the last shew and appearance of all her sorceries : The reason is , because the world being now ripened in understanding and judgement , by long and costly experience , is not so apt to be imposed upon by such evils , as lye open to the redargution of sence and common principles ; but is advanced into error by changable fallacies and deceits , through all gradations and methods of subtilties , according to the wisdom of him who is wiser in his generation then the children of light , amongst those dark and sable appearances which hightned the danger of the last times ; the Apostle gives the last place to a form of godlinesse , without the power , ver. 5. & truly ( Reader ) when thou seest self love , love of pleasure , covetousnesse , fiercenesse &c clothed with a form of Religion , then judge that this prophecy is fulfilled , and that thou art fallen into the very last of the last dayes , ( i. ) into the lees of all danger , and the very dreggs of times . And indeed the world in a great measure labours under this deceit at this very time , when selfe and selfe interests are advanced , under notions , and pretences more specious and taking then their own ; who is there almost that lives in the true being and power of Religion , and delights in it for its own sake ? but we embrace the outward huske and shell , mixing the pretences of divine and humane interest for worldly advantages , which is the most fordid and degenerous of all accompts ; how happy were it if the world were undeceaved in this particular , and could attaine to the true understanding and discernance of all things , untwisting all interests , unfolding all mysteries , giving unto Caesar that which is Caesars , and unto God that which is Gods ? As I cannot acquit many of our owne from this evill , so thou hast here a pregnant instance of this deceit in the ensuing discourse . Our brethren of Scotland ( us we formerly called them ) in the flood of all their designes made their own interests and advantages the mid channell , the heart , and center , which acted and informed the course of their undertaking here amongst us . The pretended appearance of religion and zeale had at first wonne them great r●●ute amongst the credulous and well meaning English , especially in their first and best designes ; I myselfe was a great Proselite of theirs till I had experimented their oppressions , self-seekings and cruelty at the siege before Hereford ; where though they were sufficiently provided for , by the care of the honorable Commissioners from the Parliament of England , who were pleased to imploy me to get in provission from the Country ; Yet the great spoyle and havocke they made , almost to the impoverishing and ruining many poore families in that Country , did wofully experiment the disagreement between their intentions and pretences in this particular : I speak not of the Hamiltonians party , whose deceit was more grosse , and by consequence sooner found out , and deeply punished by him , who judgeth the fatherlesse and pleadeth the cause of the widdow ; but of the Army under Generall Leven , cemented in a pretended Kirk-interest ; these were the men that in five weekes endamaged this small County so many thousands , when they were setled in the siege before Hereford , and an orderly course taken for their subsistance far above the ability of that poore County ; yet they soon found out waies to carpe at the proceedings of the Parliaments Commissioners , to disoblidge them , to weary them out , that so they might be their own carvers , and impose what charge they pleased upon the Country , which was taxed by them five times above what the Parliaments Commissioners thought it able to beare ; of which thou hast here an accompt in the ensuing discourse , as to some Parishes ; if I had not been impeded in my work by malignant , neutrall , and disaffected persons I had brought in a compleat catologue from the remaining parishes amounting to neare so much more ; Is not neare 60000 li. a great losse for one County in five weeks , and that by pretended friends ? Let not Religion be abused hereafter ; let pollicy and piety go by distinct names ; let lucre appeare as it is ; let not selfe and self interest be ashamed to appeare to be what they are ; let us learne to distinguish persons , interests , and things hereafter ; let Religion go for no more then it weighs ; ( i. ) let us ascribe no more truth or realty ●●men , then we can experiment in them ; let not pretences cheate us . Naturallists observe that those bruites which come nearest the shape , but fall short of the true being of man , are most ugly ; t is so here , the more seemingly religious a pretence is , the nearer a kin to the outward forme , the more loathsome , despicable and deformed . Yet , how are weapt to be deceived ? how are we transported ? how many proselytes have these false pretences , and interests amongst us ? what children are we when toys and fancies please us ? I write this ( if possible ) to caution and undeceive my Country men from harkening to the Syren layes of Kirke seducers , these are the men that foment warres , strifes , divisions , in the world , for the maintenance of their own dominations and discontents ; if their stratagems were but seene , they were prevented , let us rather joyn hand in hand , and quietly sit under our own vines and figtrees in submission to the present power , then to make merchandize of our peace estates and lives by huckstering for any corrupt party or faction whatsoever ; if their little singer were so heavy , what wil their loynes be ? It is eccentricall to my purpose to enumerate all their miscarriages in their marches to and from Hereford , and in the Northerne Countrys , I shall leave that to those who are fellow sufferers with us in the like miseries , hoping that they may be awakened to some such discovery as I doe here present thee with ; I shall say no more to thee , but wishing thee not to sacrifice thy wife and children to the bare pretences of a Covenant , Loyalty , Religion ; I leave thee to the perusall of the ensuing discourse by which thy conviction as to the true understanding of the persons and designes herein mentioned ( through Gods blessing may be more cheap and easie then ours ( to our so●●ow and smart ) was . AN abstract taken of the losses dammages and plunderings of 106. small Parishes within the County of Hereford by the Scottish Army commanded by Generall Leven , in which the poor Inhabitants thereof lost , as by a true accompt ready to be attested upon oath , under the hands of the Officers and chiefe of every Parish , to the value of the summes underwritten at every Parish appearing , in which County are 70 Parishes more which suffered in the like nature asmuch if not more , as is verily believed , which brought not in their accompts to be put to publique view , by reason of some disaffected to the businesse being scottified persons ; in the prosecution of which were divers houses riffled , doors , Chests , and Trunks broken open , severall families undone ; most of all their Cattle , horses , and goods taken from them ; much mony plate , Jewels and all kind of rich houshold-stuffe , Rings , and other rich commodities , as wearing apparrel , linnen , books ; the Plate & linnen of divers Churches , neere all the horses , mares , & colts that ever they set their eyes upon as wel from friends as others ; which the Reader may see if he please in an Inventory , as it was taken and brought in writing unto Miles Hill Gentleman , at the City of Hereford , in the moneth of September 1646. being the severall accompts of each Parish , at Major Mans house at the signe of the Boote hard by the Fountaine Taverne in the Strand ; these outrages being committed in July and August the yeare before , as they lay in siege before the City of that County ; their body of foote had then close begirt it ; who had their provisions brought in to them by the poor country-man , they confisting of 9000. and odde persons ; their horse that guarded these foote were about 1500. David Lesley having marched with the rest towards Scotland ; as soon as they entred the County the spoyle being divided most of it by those horse left to guard these foote , there being many hundred of women , & baggage horses ready to receive it , who packed it up , who did constantly march with this Army . Reader , if thou hadst been present to have seen the cryes these poor people made , if thy heart had not been hard , it would have melted into teares with them ; considering that this Army comming in with the prayers of the Kirke as brethren , should doe such things ; and all within the space of 36 dayes ; the siege began the 29. of July 1645. and rose up the second of September following , and left the City unattempted or taken . The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Graytree .   l. s. d. TAken and plundered from the Brough and and Forren of Rose to the value of — 1189 18 00 Taken and plundered from the Inhabitants of Much Martle to the value of — 1104 11 04 Taken and plundered from the Inhabitants of Eaton Tregos to the value of — 0238 16 00 Taken and plundered from the Parishioners of Ashton Iguram to the valew of — 0178 04 10 Taken and plundered from the Parishioners of the Lea to the value of — 0134 19 08 Taken and plundered from the parishioners of Linton to the value of — 0487 16 11 Taken and plundered from the Parishioners of Woollhoye to the value of — 0650 00 00 Taken and plundered from the Parishioners of Sollershop to the value of — 0094 09 00 Taken and plundered from the Parishioners of Upton Bishop to the valew of — 0674 12 08 Taken and plundered from the Parishioners of Westton under _____ to the value of — 0742 05 08 Taken and plundered from the Inhabitants of Waford to the value of — 0091 05 10 Taken and plundered from the Inhabitants of Brampton to the value of — 0439 15 06 Taken and plundered from the Parishioners of Putney to the value of — 0073 13 00 Taken and plundered from the Parishioners of Mancels Hope to the value of — 0063 00 00 Taken and plundered from the parishioners of Dorrington to the value of — 0328 08 02 Taken and plundered from the parishioners of Mordeford to the value of — 0490 00 00 Summe 6979 08 08 The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Woolsey .   l. s. d. TAken and plundered from Mr. Manington of the parish of Sarnfield to the valew of — 1000 00 00 Taken and plundered from the Parishioners of Risbury and Nicton to the value of — 0325 00 00 Taken and plundred from the parishioners of Docklow to the value of — 0123 01 08 Taken and plundered from the Parishioners more to the value of — 0051 13 03 Taken and plundered from the Parishioners of Hatfield and Doctlow to the valew of — 0107 08 04 Taken from the parishioners of Hursby , Hepsleys Green , and Hoggaston to the value of — 0087 19 08 Taken and plundered from the Parishioners of Sarnfield to the value of — 0022 19 00 Taken from Arthur VVinwood of Upton Gent. to the value of — 0185 00 00 Taken from the Parishioners of Upton more by plunder to the value of — 0051 10 00 Taken and plundered from the Parishioners of Tester to the value of — 0076 10 00 Taken and plundered from Mr. Richard Collins of Upton to the value of — 0220 00 00 Taken and plundered from the parishioners of Yarpall to the value of — 0066 01 08 Taken and plundered from the parishioners of little Dwilwin and Sollers to the value of — 0256 15 01 Taken of Mr. Hyet of Bidney to the valew of — 0015 16 01 Taken and plundered from the Inhabitants of Warton and Newton to the value of — 0176 11 00 Taken and plundered from the Parishioners of Ivington — 0189 03 00 Taken and plundered from the Parishioners of Eaton Honner , and Stretford to the value of — 1043 18 02 Taken and plundered from the parishioners of Hidehill and Wintercot to the value of — 0068 18 04 Taken and plundered from Hope Hampton , and Winsbery to the value of — 0483 11 02 Taken and plundered from the Parishioners of Humber to the valew of — 0055 05 00 Taken and plundered from the Inhabitants of Lye court to the value of — 0031 18 06 Taken and plundered from the Inhabitants of Luston to the value of — 0137 16 10 Taken and plundered from the Inhabitants of Kimbolton to the value of — 0278 17 01 Taken and plundered from the Parishioners of Orleton to the value of — 0027 13 04 Taken and plundered from the Inhabitants of Ashton to the value of — 0032 16 00 Taken and plundered from the inhabitants of Moorton to the value of — 0093 00 00 Taken and plundered from the Inhabitants of little Hereford to the value of — 0066 16 08 Taken and plundered from the While and Piddleston to the value of — 0022 03 06 Taken and plundered from the Inhabitants of Stagbadge in Chalstry to the value of — 0050 05 00 Taken from the Inhabitants of Richford to the value of — 0220 00 00 Taken from the Inhabitants of Eyton to the value of — 0088 08 04 Taken from the Inhabitants of Lucton to the value of — 0063 18 04 Taken and plundered from the Inhabitants of Middleton to the value of — 0217 05 11 Summe 6130 11 11 The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Broxas .   l. s. d. TAken from the Parishioners of Marden by plunder to the value of — 0796 15 05 Taken from Preston town and the Parishioners of Willington to the value of — 0696 15 00 Taken from the Parishioners of Felton to the valew of — 0099 13 04 Taken from the Inhabitants of Bromyard cum membris to the valew of — 0682 17 06 Taken and plundered from the Parishioners of Sutton to the value of — 0354 00 00 Taken from the inhabitants of Wacton to the value of — 0012 11 07 Taken and plundered from the Parishioners of Grendon Bishop to the value of — 0090 02 08 Taken from the Parishioners of Amberley to the value of — 0066 00 00 Taken from the parishioners of Thorneby and Rowden to the value of — 0043 05 04 Taken and plundered from the parishioners of Much Cowyarne to the value of — 0278 10 00 Taken and plundered from the Parishioners of Tedston Dallamore to the value of — 0031 00 10 Taken and plundered from Tedston Wafer to the value of — 0087 09 08 Taken and plundered from the parishioners of Pencomb to the value of — 0063 08 03 Taken and plundered from the parishioners of Ullinsweek and little Coward to the value of — 0022 13 04 Taken from the parishioners of Stokelacye to the value of — 0120 12 10 Taken from the parishioners of Whiteborne to the value of — 0046 94 11 Taken from the parishioners of Ockle Pychard to the value of — 0338 17 06 Taken from the Parishioners of Stamford Bishop to the value of — 0236 11 02 Taken from the inhabitants of Menbery to the value of — 0081 01 08 Taken from the Inhabitants of Bromyard Town to the valew of — 0252 02 00 Taken from Waffoloe , and one Cooke to the valew of — 0057 00 00 Taken from the parishioners of Hampton Charles — 0030 10 05 Taken and plundered from the parishioners of Boddenham to the value of — 0607 10 01 Summe 4895 12 02 The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Wormloe .   l. s. d. TAken and plundered from the Inhabitants of St. Warne to the value of — 0195 00 00 Taken and plundered from the Inhabitants of Bowlston to the value of — 0099 10 00 Taken and plundered from the Inhabitants of Actenbury to the value of — 0105 10 00 Taken and plundered from the inhabitants of Dewsall to the value of — 0129 06 08 Taken and plundered from the Inhabitants of Sellocke and Foye to the value of — 0077 08 08 Taken and plundered from the Inhabitants of Machbery to the value of — 0181 07 00 Taken and plundered from the inhabitants of Orcupe to the value of — 0097 11 02 In damage and losse to the inhabitants of Kilpecke to the value of — 0104 14 02 Taken und plundered from the Inhabitants of Kings Chappell to the value of — 0063 11 00 Taken and plundered from the Inhabitants of little Burch to the value of — 0071 03 08 Taken and plundered from the Inhabitants of little Dew church to the value of — 0092 16 08 Taken and plundered from the Inhabitants of Tretyre and Michael Church to the value of — 0165 02 08 Taken and plundered from the Inhabitants of Londinabo to the value of — 0045 14 06 Taken and plundered from the Inhabitants of Longaran to the value of — 0120 13 00 Taken and plundered from the Inhabitants of Morstow — 0010 09 00 Taken and plundered from the Inhabitants of Kentchurch to the value of — 0006 14 06 Taken and plundered from the Inhabitants of Garway to the valew of — 0401 18 02 Taken and plundered from the Inhabitants of Phitslowe to the value of — 0006 00 00 Taken and plundered from the Inhabitants of Gotheridge to the value of — 0038 03 06 Taken and plundered from the Inhabitants of Hentland to the value of — 0082 15 00 Taken and plundered from Morley of that parish to the value of — 0022 00 00 Taken and plundered from the Inhabitants of Dewchurch to the value of — 0040 00 00 Summe 2157 06 01 The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Jemisworth .   l. s. d. TAken and plundered from the Inhabitants of Holmer to the value of — 0531 07 04 Taken and plundered from the Inhabitants of Hampton Bishop to the value of — 0511 18 04 Taken and plundered from the Inhabitants of Willington to the value of — 0485 13 08 Taken and plundered from the inhabitants of Wornsley to the value of — 0107 10 04 Taken and plundered from the Inhabitants of Pipe to the value of — 0161 08 08 Taken and plundered from the Inhabitants of Kenchester to the value of — 0336 12 00 Taken and plundered from the Inhabitants of Credenhill to the value of — 0113 11 00 Taken and plundered from the Inhabitants of Bushopson to the value of — 0218 11 02 Taken and plundered from the Inhabitants of Norton Cannon to the value of — 0112 10 10 Taken and plundered from the Inhabitants of Byford to the value of — 0241 01 06 Taken and plundered from the Inhabitants of Braynton to the value of — 0060 00 00 Taken and plundered from the Inhabitants of Mornington to the value of — 0220 18 00 Taken and plundered from the Inhabitants of Bridge sollerd to the valew of — 0211 10 00 Taken and plundered from the Inhabitants of Yazor to the value of — 0172 12 00 Taken and plundered from the Inhabitants of Stanton to the value of — 0352 16 00 Taken and plundered from the Inhabitants of Burhill to the value of — 0268 12 04 Taken and plundered from the Inhabitants of Mansell Gamadge to the value of — 0212 02 06 Summe 3818 15 08 The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Huntington .   l. s. d. TAken and plundered from the Inhabitants of Kington to the value of — 0165 02 11 Taken and plundered from the Inhabitants of Huntington to the value of — 0140 09 03 Taken and plundered from the Inhabitants of Brilley to the value of — 3152 03 00 Taken and plundered from the Inhabitants of Eridesly to the value of — 0454 03 04 Taken and plundered from the inhabitants of Whitney to the valew of — 0193 06 08 Taken and plundered from the Inhabitants of Cliffard and Hardwick to the value of — 0221 10 07 Taken and plundred from the Inhabitants of Winsorton to the value of — 0112 00 08 Taken and plundered from the Inhabitants of Batch and _____ to the value of — 0151 08 06 Taken and plundered from the severall Inhabitants of Clifford to the value of — 0017 16 08 Summe 1608 00 09 The severall losses and dammage sustained by the severall Inhabitants in the severall Parishes within the Hundred of Bebtry .   l. s. d. TAken and plundered from the Inhabitants of Preston upon Wye to the value of — 0606 00 08 Taken and plundered from the Inhabitants of Tremell to the value of — 0119 17 00 Taken and plundered from the Inhabitants of Merkes to the value of — 0141 16 00 Taken and plundered from the Inhabitants of Dorson to the value of — 0302 07 02 Taken and plundered from the Township of Vowchurch to the value of — 0080 02 04 Taken and plundered from the Inhabitants of Wormbridge to the value of — 0034 01 04 Taken and plundered from the Inhabitants of Kentchurch to the value of — 0054 04 11 Taken and plundered from the Inhabitants of Dinder to the value of — 0484 07 08 Taken and plundered from the Inhabitants of Didley to the value of — 0307 15 07 Taken and plundered from the Inhabitants of Kinson to the value of — 0392 19 10 Taken and plundered from the Inhabitants of Black more to the value of — 0042 03 04 Taken and plundered from the Inhabitants of Dulas to the value of — 0030 15 02 Taken and plundered from Backton parish to the value of — 0039 12 04 Taken from the parish of Peterchurch to the value of — 0237 16 08 Taken and plundered from the Inhabitants of Abbeydore — 1212 03 01 Taken from Kentchurch and Howton to the value of — 0177 18 10 Taken from Retherose and the Inhabitants there to the value of — 0206 00 00 Taken from the Inhabitants of Home Larye to the value of — 0295 09 11 Taken from the Inhabitants of Much Dewchurch to the value of — 0689 12 11 Taken from the Inhabitants of Eaton Bishop to the value of — 0610 10 05 Taken from other persons neer the parish to the value of — 0137 18 01 Summe 6153 09 11 Summe totall of all the aforesaid particulars is 31743 05 02 Besides the dammage , plundering , and losses of the 70 Parishes which brought not in their accounts : with divers Gentlemen , and persons that neglected to bring in their accounts , that lived within the 160 Parishes herein accounted for , which is expected , might have amounted neer the Summe of 30000 li. more . FINIS . 
A86615	----	Bella Scot-Anglica. A brief of all the battells, and martiall encounters which have happened 'twixt England and Scotland, from all times to the present. VVherunto is annexed a corollary, declaring the causes whereby the Scot is come of late years to be so heightned in his spirits; with some prophecies which are much cryed up, as reflecting upon the fate of both nations. Howell, James, 1594?-1666. This text is an enriched version of the TCP digital transcription A86615 of text R15335 in the English Short Title Catalog (Thomason E435_25). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 51 KB of XML-encoded text transcribed from 12 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86615 Wing H3056 Thomason E435_25 ESTC R15335 99859842 99859842 111941 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86615) Transcribed from: (Early English Books Online ; image set 111941) Images scanned from microfilm: (Thomason Tracts ; 68:E435[25]) Bella Scot-Anglica. A brief of all the battells, and martiall encounters which have happened 'twixt England and Scotland, from all times to the present. VVherunto is annexed a corollary, declaring the causes whereby the Scot is come of late years to be so heightned in his spirits; with some prophecies which are much cryed up, as reflecting upon the fate of both nations. Howell, James, 1594?-1666. [2], 19, 18-19, [1] p. s.n.], [London : Printed in the yeare 1648. Anonymous. Attributed to James Howell. Place of publication from Wing. Variant: title has "hightned". Annotation on Thomason copy: "Aprill 13th". Reproduction of the original in the British Library. eng England -- Military relations -- Scotland -- Early works to 1800. Scotland -- Military relations -- England -- Early works to 1800. Scotland -- History -- Prophecies -- Early works to 1800. A86615 R15335 (Thomason E435_25). civilwar no Bella Scot-Anglica.: A brief of all the battells, and martiall encounters which have happened 'twixt England and Scotland, from all times t Howell, James 1648 8488 16 0 0 0 0 0 19 C The rate of 19 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2008-08 John Latta Sampled and proofread 2008-08 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Bella Scot-Anglica . A BRIEF OF ALL THE Battells , and Martiall Encounters which have happened 'twixt ENGLAND and SCOTLAND , from all times to this present . VVherunto is annexed a Corollary , Declaring the causes whereby the Scot is come of late years to be so hightned in his spirits ; With some Prophecies which are much cryed up , as reflecting upon the fate of both Nations . Printed in the Yeare 1648. Bella Scot-Anglica . A Briefe of all the Battels and Martiall Encounters , which have happen'd 'twixt England and Scotland , from all times to this present , &c. The Proeme . THe Design of this short Discourse , is to relate the Quarrels , and sundry traverses of Warre , which have passed from time to time between England and Scotland , Extracted out of the most approved and impartiall Historians , as well Scottish , as English , French , and others . Out of which premisses are deduced these Conclusions ; First , That Scotland hath been alwayes apt and forward to apprehend any occasion to invade and visit her Neighbour England . Secondly , That when she was at the highest pitch of strength , and had the greatest advantages against her , when she had active and martiall Kings for her Generalls , and the French for her firm Confederates , with other Coadjutors and Auxiliaries , she could never be a match no , not by many degrees , for England , whether you respect the int●insick power of the Country , or the innated prowesse of the people : All which will clearly appeare by the circumstances and successe of divers Battells and interchangeable Exploits , which being indifferently ballanc'd it will be found ▪ that if Scotland did sometimes beat England with the scabbard , England may bee truly sayd to have beaten her more often with the blade . I Will not look back and rake the ashes of antiquity so far , as to speak of the sociall warre they entred into with the ancient Brittaines and Picts against the English , when they began to take first firme footing in England . Nor , of that so famous battell 'twixt Athelstan and them , at which time they had a great Army of Danes joyned with them ; when being above twice more in number then the English , King Athelstan carried away a compleat victory by a kind of back-blow ( Parthian like ) For the two Armies being ready to joyne , the English made semblance to fly away , leaving all their baggage behinde , and much matter for booty , which as the Scots and Danes were sharing , the English suddenly wheeled about by the advantage of a woody hill , and finding them in disarray , and the Souldiers laden with pillage , they rushed upon them with that resolution , that above fourty thousand of them fell , and as Buchanan their Prime Chronologer recordeth , the flower of their Nobility perished that day . But I intend not to involve my discourse in these mistie times , but will take my rise from the Norman Conquest , for indeed the Historie of great Brittaine being over clouded with so many incertainties , casteth but a dim light before those times , whereas since , she shines with such a lustre , that what stands upon Record may be asserted for cleere and undeniable truth . At that time , I mean the time of the Conquest , Scotland did England a very good office by preserving the English blood-royall ( which not long after returned to the Crowne in Henry the second ) but it was casually : For Prince Edgar and his Mother , with his two Sisters , intending to goe for Denmarke , ( some say for Hungarie ) and being by distresse of weather driven upon the Scottish coasts , they were hospitably received by Malcoline , then King of Scotland ; At which time civility with the English tongue took first footing in the Scottish Court , as the French did amongst the English . WILL . the second . THe first dart of War that was thrown 'twixt England and Scotland after the Conquest was in Will . Rufus his raign , when the Scots having made divers incursions into the English Pa●e , Moubray Earle of Northumberland was sent against them , who Encountring their King Malcoline with his eldest son in the field , they were both slain , and the whole Army overthrown . Afterwards the Scots choosing the dead Kings brother , King William went in person and depos'd him , causing Edward the second , son of the slain King , to be crowned , and making him to sweare fealty and homage to England ; But the Scots obtain'd the favour of King William , that neither English or Norman should beare any office of State in Scotland . King STEPHEN . KIng Stephen having oblig'd the Scots by many high favours , by giving Cumberland to David their King , and making his eldest son Earle of Huntington ; Yet so ingratefull did they prove that they provok'd him to send Thurston then Archb. of Yorke with such an Army , that meeting with the King himselfe in the head of his Forces , he utterly discomfited him , with the death of 10000. of his men . HENRY the second . HEnry the second , though the pulse of those times did beat high , and that he was distracted with a world of con●●●ions yet employing the York-shire Knights , Humphrey Vile ; Scutvill and Vescy , they with their victorious Armes tooke the Scots King in the field and tendred him prisoner at Northampton , whence King Henry carried him along to attend him in his warres in France . RICHARD the first . RIchard coeur de Lion caused William King of Scotland to carry the Sword before him at his second Coronation at his return from the holy Land : At which time King Rich. passed a Royall Charter , that whensoever the King of Scotland was summond to the English Court , the Bishop of Durham , and Sheriffe of Northumberland , should receive him at Tweede , and accompany him to Teis , from Teis the Archbishop of Yorke should attend him to the borders of that County , and so the Bish. and Sheriffs of other Counties , untill he came to the English Court . King JOHN . KIng Iohn one of the weakest Princes , and the most forlorne that ever England had considering how the Pope and all the world did bandy against him , and what fearefull exigents he was reduced unto , yet finding Alexander the second then King of Scotland to give sanctuary to his fugitive clergy , and foment others against him , made an expedition thither himselfe but the two armies being ready to buckle , the Scot seing fire and sword to gape upon him , submitted himselfe , and subscribed to such termes as the Conqueror propounded . EDVVARD the First . NOw come I to the scourge , or , as his Tombe in Westminster tells me , the hammer of the Scotts-men . Edwardus primus Scotorum malleus hic est . He causeth Balioll to come to Newcastle to sweare Fealty and homage to him , who after flying to the French King , Edward was so netled for this his defection , that though he had a farre greater arrand in France , yet he chose rather to employ Edmund Earle of Lancaster thither , and to march himselfe to Scotland in the front of a puissant army ; where the Scots in farre greater numbers shewed their teeth only but durst not bite . King Edward summons Balioll to Berwicke when he resubmitted himself with all the Nobles in open Parliament which he held there ; And for caution brought the King himselfe along with him , leaving the Earle of Surrey Warden of Scotland . Not long after the Scots revolted againe notwithstanding their King was in England , having one Wallie for their ring-leader , who did much mischiefe on the frontiers . And their insolency grew to that hight , that besides their inrodes , they began to rhime upon him . What this Edward with his land shanks ? But he payed them for their rhiming with a vengeance ; He goeth againe in person and at ●●nkirk battaile kild out right 200. of their Nobles and Gentry , with 40. thousand common Souldiers . Then he summons a Parliament at Edenburgh where all the Nobles sweare him fealty againe ; He carrieth away the Ragman roll , the blacke crosse , and the stone wherein they say the fate of their Kingdome is fixed . Then was there offer'd a third provocation , when le Bruce was crowned King of Scotland . The Earle of Pembrooke was sent against him , who utterly defeated him at Iohnston . Hereupon le Bruce flyeth to the Popes pantofle making him Lord Paramount of Scotland , which moved King Edward notwithstanding the menaces and fulminations of the Pope who wished him to forbeare the Scots ( because they were an exempt nation belonging to the Roman Chappell ) to make a fourth expedition thither where he constrained le Bruce to fly to Norway , where he blew on his nayles while K. Edward lived . And ▪ so eager was this great King in pursuite of this action , that falling sickly upon the way , He said , If I die before I enter Scotland , I charge you to go on couragiously , and carry my body round about the Country ; but it pleased God to reprieve him untill he had done his businesse himselfe . EDVVARD the second . BUt here comes a cooling-card for the English , Edward the second ▪ whose greatest honor was to be son to a Peerles father , and father to an incomparable son , Rosa spinam , spina rosam genuit . In his time all went to wrack especially in Scotland . At Bannocks battaile Gilbert de clare Earle of Glocester , and 40 Barons more , with 700 Knights and Gentlemen , and as some stories record above 40000. more were slaine . Which defeat was imputed principally to the ill choice of ground the English had taken . The Scots had behind them rocks , hills , and woods to fly into if necessity required , before them loughs , and moores , that the assailant could not march further . Adde hereunto the pusillanimity of the King ( and the spirits of men are much raysed by their leader ) who was sayd to fly first : and better it is for a lion to lead sheepe , then for a sheepe to lead a company of lions . The Scots hereupon were so agog that they enter Ireland with an Army under the conduct of Edward Bruce the Kings brother , who landing at Karig Fergus ransack'd all the North parts , where he tooke such firme footing , that he proclaym'd himselfe King of Ireland , though he had onely over-ranne Ulster . At which time there was such a direfull famine , that in some places of Ireland dead bodies were digged up , and their flesh boyled in their sculls to be eaten , as the story tells . But two yeares after , Sir Io. Bremingham then chiefe Justice , with the Archbishop of Armagh , went with such a power against this upstart King , that at Dundalke they got a most compleat victory , one Manpas as it seemed having kild the King hand to hand , for both their dead bodies were found together , and Manpas covering the Kings body . In England another Army was sent against the Scots , called the Yorke Army , which was also overthrowne at Milton upon Swayle . Nevertheles the King would venture once more in Person , and with a numerous Army invaded Scotland ; The Scots fly into the woods , and places of fastnes ; And for want of provision in that hungry country , the English were forced to retire , but in the retraict they were so pursued that they lost all their ammunition , which was attributed to the treason of Sir Andrew Harkley . But your criticall Annalists ascribe it to the poverty of spirit in the royall head , who being become hatefull to God , and man first for perjury , by infringing the oath he made to his Barons ; then by disobedience to his father who in his death bed charged him upon his blessing to abandon Piers Gaveston , whom nevertheless he still doted upon with the Spencers , by whose counsels hee guided himselfe , And it was alwaies seen that Princes of an ill destiny follow the worst counsells . EDVVARD the third . BUt here comes a spirit who will soundly vindicate his fathers affronts . Edward the third , a Prince that was the soonest a man , and the longest that lasted so of any in the whole catalogue of English Kings ; yet being but young when the Diadem first begirt his temples , after an encounter at Stanhope Park , where great multitudes of Scots appeared , but vanished away like meteors , skulking in woods and mountains . In the Parliament held at Northampton , the King of Scotland was released of his homage ; But some years after , when the young King began to understand himself , hee sent an army with Balioll , whom he caused to be crowned at Scone ; And afterwards there was a Battell fought at Hallidowne , where the English made the Scots a bridge of gold to fly over , for they betook themselves all to their heeles . King Balioll being thus restored , Scotland became feuditary to England againe . But a few years after king Ed. being deeply engag'd in his French wars , and thinking Hoc agere , the Scots presuming his absence would prove advantagious to them , make cursorie sallies out of Scotland , and plunder all before them in the North , by the instigation of the French . But the Queen and the Lords of the North make such a levy of Martiall forces , that they entred Scotland like thunder , and at a mighty battell one Copland takes the King prisoner , whom , pleading the law of arms he would not deliver the Queen , untill the King had sent order from France . This overthrow was given upon Saturday , and upon Saturday six weeks before the battell of Cressy had bin fought , with another against the Duke of Brittain ; in all which king Edward prov'd victorious . And being triumphantly return'd from France , with the Flower-de-luces upon his sword , and redoubted now by all the Princes of the Christian world having a triumverate of kings his prisoners , one would think the Scot would have bin quiet but they still provoked him so far , that in the dead of Winter ( and King Ed. was a Prince for all weathers ) he went thither in Person himself , tooke Berwick , and had all Scotlond resign'd unto him , by the King himselfe , and the Nobles who joyntly swore fealty and homage to him . RICHARD the second . NOw the grand-childe of this great King ( who turn'd the wheele of his times every where up and downe the Christian world as he pleased ) mounts the stage . The Scots begin to infest the borders , and doe other acts of hostility being actually assisted by the French king , who sent thither his Admirall with a 1000. men at armes , and 60. sayle with furniture to arme 10000. men more . King Richard musters up an Army worthy of a King , and rusheth into Scotland like a whirle-wind as farre as Dondee , and neither Scot or French appeared to make oppos●tion . The Scots ( as the French annales say ) not symbolizing with the humour of the French grew weary of them , and casheered them , but they kept Jean de Viene , the great Admirall prisoner in a manner , untill the French king had payed his ransome , which he did , otherwise his Admirall might have laine at dead anchor there all his life-time . But being returned to France , lest he should seem to shew no fruits at all of his voyage , he informs the King , that hee had pried into the uttermost intrinsique strength , both of Scotland and England , and found that Scotland was able to put in the field about 30000 men , and 5000. horse , and England 60000. foot , and 8000. horse , This relation induced Charles the frantique to attempt the invasion of England the yeare following , with a formidable Army , and Fleet , which was to make sayle from the Sluce , and for Land-forces far exceeded the invincible Armada of the yeare 88. But the Admirals account was found false , and to have reckoned much without his host , for as the French Historians report . King Richard had levied neere upon 100000. Foot and 20000. Horse . HENRY the fourth . IN Hen. the fourth's time the tumultuous Scot stirs againe , and pillers about the Marches at last he composeth the body of an Army , whom Hen. Hotspurre encountred , and kil'd more enemies then he had men in his own Army . Sir Robert Umphreyvile being Vice-Admirall , takes 14. great ships laden with corn , together with the great Galeon of Scotland , hard by Lith , which so abated the price of corn , that hee was commonly called Sir Rob. Mend market . A little after the young Prince of Wales hurld himselfe seven daies march into Scotland , and did what he would . HENRY the fift . HEnry the fift that man of men , and mirrour of chivalrie ( and the strangest Convert that ever was ) being come to the Crown , he falls like a Politician to worke in erecting Forts on the frontiers of Scotland , which he did without controule . After he took the young King James the first , prisoner , in a very hot incounter , and carried him up and down with him in the French warres . HENRY the sixt . HEnry the sixt for some gallant parts in the aforesaid young King James the first of Scotland , married him to the Lady lane , Daughter to the Earle of Somerset his Neece ; But he proved afterwards hatefully ingratefull , and perfidious to King Henry , banding all his main forces against him but he was shamefully repell'd and beaten by Sir Ralph Gray , and the Knights of the North . EDVVARD the fourth . ANd no lesse ingratefull and treacherous was Iames the third in Edward the fourths time who desiring in mariage Cicilia the Kings daughter , it was condescended unto so farre that he had part of her portion advanc'd him ; yet he fell to acts of hostility and frames an Army , which the Duke of Glocester with 15000 men ill favourdly beat ( though they were twice more in number ) and got Berwicke againe . HENRY the seventh . NOw come I to that great Magus of his dayes Henry the seventh who was said to be hanted with walking spirits Simuell Warbecke , and Perkins , whom hee chased away by sprinkling of bloud . The Scots entertained Warbecke , though they knew him to be an Impostor , and raised an Army for him . The Earle of Surry and Bishop Foxe , were sent against it , who drive the King and Warbecke with the whole Army before them six dayes march into the Country , at last the Scots King sent a defiance for a battell , which being to be fought the next day , the Scot steales away the night before in a silent march . Hereupon a Peace was concluded , provided that Warbecke should bee banished Scotland , whom notwithstonding they furnished with ships , to goe to try his fortune with the Cornish Rebels . HENRY the eight . ANd now come I to the glory of his dayes ( especially two thirds of them ) Henry the 8. for never did Prince rise with a greater lustre in Englands hemispheare , and set in a darker clowd . And being extreamly busied in the warres of France , who should disturb him but his own brothervin-law , Iames the fourth , excited by the French , who contributed great summes of money towards the support of the warre ; The King sends presently from France to the Earle of Surry to make head against them ; At first the Earle sent Sir VVilliam Bullmer with 200. Archers upon the borders to observe their motion . The Lord Humes , entreth with 8000. men , and as he thought to returne with his booty , Sir VVilliam Bulmer having reinforced his 200 , to 1000. fell upon the 8000. Scots , with that fury , that he kil'd 500. took so many prisoners , and intercepted the whole booty . This made the young Kings blood boyle within him for revenge , and composing a royall Army of the utmost strength of Scotland went in the head thereof himselfe . The Earle of Surry was not idle , but raised an Army of 26000 men , and his son then Admirall came to him from Newcastle with 1000. old Sea souldiers . The two Amies met in Flodden , where after many hot incounters victory fluttered a long while with doubtfull wings , at last the King himselfe , with the Archb. of St. Andrews his brother , were slain , with 12. Earles , and 14. Barrons , and 12000 Gentlemen and others , and there fell of the English but 1500. only , nor could the Scots rescue the body of their King , but to mend the matter a little , gave out it was not the Kings body , but one Elfinston attired like to him , to encourage the Army . But afterwards , though they acknowledged it was his body , yet would not Henry the 8 , permit him to have the due rites of Princely buriall , because he had so perjuriously violated his faith with him . Some few years after the Duke of Albany rays'd an Army , but he was prevented to do any hurt by the Lord Roos and Dacres , who made Bonefires of above 80. Villages without seeing the face of an enemy , No sooner were they returned , but newes came , that the Duke of Albany had by this time in perfect equipage an Army of 30000. men . Hereupon the Lord Treasurer and Admirall , were sent to finde him out , but both Armies being come to sight of each other , the Scots not enduring well the countenance of the English Forces , ran away and shamefully disbanded , so that if the Lord Generall had had then commission ample enough , they might have given a fatall blow to Scotland , as they themselves confessed , but by the intercession of the Queen Dowager , Hen. the eights sister , they obtained truce . After this King Hen. condiscended to meet Iames the fift at York , but he fayled , sending certain Commissioners , and so cunning was the Scot , that their Commission , and private instructions looked two wayes , and as they were treating , tydings came , that the Scots had rushed into , and rifled the Marches most barbarously . Hereupon the Earl of Norfolke was sent with 20000. men , who for 8. daies did what he would within the bowels of the Country . Anothor Army was sent undet the Command of the Lord Dacres and Wharton , who gave them such a mortall blow , that eight Earls were taken prisoners , and 200. Gentlemen , and 800. more , and the stories concurre , that there was scarce a souldier , but had at least his two prisoners , this was Solmemosse battell . Yet for all this such is the inclination of the English to bee at peace with their neighbours , that a match was concluded , and ratified by act of Parliament , with a speciall instrument under the Scots Noble-mens hands between Prince Edward , and the young Queen Mary , yet by the cunning negotiation of the French , the Scot fell off . Hereupon old king Henry , who could digest no indignities , sent 200. ships laden with souldiers to the Frith , under the Earl of Hereford , who marched as far as Edinburgh , burnt the town , and part of the castle , returning with revenge and rich bootie . A while after the Scots understanding the King was gone to France , thought to serve themselves of that advantage , and to fall upon the borders , but the Earl of Hereford repelled them , EDVVARD the sixt . EDward the sixt , though yet in his minority , seemed to be sensible of the affront the Scot had put upon him for a wife , though his Father had vindicated it pritty well , but as the case stood , nothing could concerne England more , then to hinder that the French of any in the world should have her . And now am I come to the last true battell that was fought 'twixt England and Scotland since the Conquest . The Duke of Sommerset was appointed Generall , the Earle of VVarwicke his Lieutenant Generall , the Lord Clinton Admirall had 60. shipps of warre , which were to hold course with the Land-forces . So from Barwicke , with a sober Army they entred Scotland , consisting of about 13000. foot and 1200. men at arms , 2500. light horse , 16. peeces of Ordnance , every peece having a guard of Pioners , who came in all to 1400. They had marched as far as Musselborough , far within the Country , and with infinite pains did they surmount the naturall and artificiall difficulties of the wayes , three small Castles they seized upon in their march without offering any act of violence to small or great . They understood the Regent of Scotland did far exceed them in number and there came Recruits hourely to him , for the fire crosse was carried about by the Heralds through all parts , which is two firebrands upon the point of a Spear , that all above 16. and under 60 should resort to the Generall rendezvous so that the Historians on both sides leave the number of them indefinite to this day , but they all agree , that they were at least twice as many and they had twice as many Ordnance , yet notwithstanding many other advantage it pleased God to give the English a compleat victory ( and victories are the decrees of Heaven , when there is no tribunall on earth to determine the quarrell . This hapned precisely the same day that Flodden field battell was fought 34. years before . There were 14000. slain out-right , whereof there were 3000. Kirk-men ; Fryars and Monks , above 1500. taken prisoners , whereof young Huntly , and other great Lords were of the number ; the spoiles of the field 30000 jacks and 30. peeces of Ordnance were shipped for England , and the English plundred the Country up and down 5. daies march further . To these exploits at home may be added a smart blow the English gave the Scots in Ireland , in Sir Io. Perrots government , for some 2000. Redshanks being come over by the Burks means , like a swarm of Catterpillers they proll'd and pill'd up and down , Sir Ri. Bingham then Governour of Connaught , made head against them , with a small contemptible number , and at the river of Earne neer Slego , slew them all out-right , so that not one soule escaped , to return to Scotland with newes what became of the rest . Touching these late traverses of warre 'twixt England and Scotland 't is true that infortunate England hath drawne upon her selfe a great deale of dishonour in the opinion of the world abroad , specially among those who understand not the true carriage of things ; For these late rushings in of the Scot cannot be so properly call'd invasions a●invitations , by some spurious and most unworthy degenerous Englishmen , who from a long time had plotted the bringing of them in , and it was the most pernicious and basest treason that ever was practis'd against poore England : But to give a full and satisfactory relation of this Warre , I will deduce the busines from the beginning . Before this unlucky storme fell 'twixt England and Scotland there were certain clowds issuing from the vapors of divers discontented braines , plainly discern'd to hover up and downe a long time in both Kingdomes specially in that Northerne Region : The first which appeard was , when some yeers after his Majesties accesse to the crowne , there was an act of revocation passed , where some things which had insensibly slipped away from the crowne , and other things which were illegally snatch'd from the church were resum'd , and reannex'd to both ; which lighting upon some of the great ones , they were over heard to murmure though this was done with as much moderation as possibly could be , and by the mature advice of the Counsell of state there , with the free opinion of the approved'st Lawyers of that Kingdome , and from hence issued the first symptome of discontentment . Not long after his Majesty being inform'd of the meane and servile condition of the Ministers of that Kingdome , which have the charge of the conscience , and service of God , and make up a considerable part of the free borne subjects ; his Majesty understanding what poore pittances they receiv'd for their subsistence , and for those small stipends also , or rather almes of benevolence , they depended upon the pleasure of the Laiks , His Majesty by a speciall Commission to that end found away to augment and acertain that allowance , and free them from that slavish kind of clientele and dependency they had upon the seculars ; Whence may bee inferr'd what monsters of ingratitude those men shew'd themselves to be afterwards , by exasperating and poysoning the hearts of the people against their soveraigne in their virulent and seditious preachments , and inviting them to armes . Not long after , when the poore husbandman and owners of corn were bound to pay tithes to lay persons call'd there the Lords of the ●rection , were much incommodated by them , because they could not take in their corn till the Parson had fetch'd away his tithe , who sometimes to shew his power or spleen peradventure would defer of purpose the taking in thereof , whereby the whole crop , by not taking advantage of the weather , would oftimes suffer : His Majesty for the redresse of this grievance , appointed Commissioners who found a way to purchase those tiths , and bring the impropriators to take a pecuniary certain rent counterveylable unto them : Hereupon the Laie Lords and Gentlemen finding that the respect and dependency wherby the Ministers and owners of corn were formerly oblig'd unto them to be hereby lessen'd did tacitly discover much animosity and displeasure : Moreover his Majestie when he went thither to be crown'd having conferr'd honours upon some whom he had found industrious to promote his service , envie ( which is alwayes the canker of honour ) began to raign among divers of them which did turne visibly afterwards to discontentments . These were the conceal'd and private grounds , now the open and avowed causes were the introduction of our Liturgy , the booke of Canons , Ordination and Consecration with the high Commission Court among them : and it hath bin found since that those things were introduc'd by the cunning of those discontented spirits , that thereby there might be some grounds to suscitat the people to rise , which plot of theirs tooke effect . Adde hereunto that after the King of Swedens death divers Scots Commanders came over , and made a florish in our English Court , but being Souldiers of fortune , and finding no trading here , they went to Scotland and joyn'd counsells with those discontented spirits to beget a warre that they might be in action . The only pretence they tooke for their rising then , was our Common Prayer Booke , hereupon his Majesty sent a Proclamation to be published wherein he declar'd that 't was not his purpose to presse the practise of that book upon any ones conscience , therefore he was willing to discharge them from the use and exercise of it , and to abolish all acts that tended to that end and that all things should be in statu quo prius . But this would not suffice , for they went on to fish in these troubled waters , having a designe to drayne all the Episcopall sees in the Kingdome , and turn them to laic land : Hereupon they entred into a holy league which they term'd Covenant , without his Majesties privity , and this was point blank against an Act of Parliament 1585. which utterly prohibits all leagues , covenants or bands whatsoever without the Kings consent : Hereupon the body of an Army was raised , and one Lesley was made Generall , so they marched to Dunce Hill within five miles of Berwicke Where the rendevouz was : They gave out they came with a petition to his Majesty , though they brought it upon the pikes point . There were many noble English hearts which swell'd high at this insolency of the Scot , and therefore went with wonderfull alacrity to attend his Majesty to Barwick , but there were others who were luke-warme in the businesse , and those of the greatest Ones , which the Scots knew wel enough , for there was nothing trans-acted or said in the Kings Cabinet Counsell or Bed-chamber , but there was intelligence given them : Hereupon a pacification was shuffled up , and so both the Armyes were dispersed . The King being returned to London , grew more and more sensible of these indignities of his Subjects of Scotland , and having called a Parliament expresly for that purpose in England , some of the cheife Members thereof were so intoxicated by the Scot , that they did not only not resent this bravado he had done to England , but seemed to approve of his actions . His Majesty finding the pulse of his Parliament beat so faintly for enabling him to vindicate these indignities upon the Scot , dissolv'd it , and propos'd the businesse to his privy Counsell , who not only advis'd him , but supplyed him with noble summes to repaire his honour by War ; hereupon the former Forces were rallied , and made up into the body of an Army : The Scot was not idle all this while , but reunited his former Army , whereof there was a good part undisbanded ( contrary to Article ) and choosing rather to make another Country the theater of the War then his own , he got over the Tweed , and found all passages open , and as it were made for him al the way til he came to the Tine , & though there were considerable Troupes of Horse and Foot at Newcastle , yet they never offer'd as much as to face him all the way ; at Nea●burg there was a small dispute , but the English Infantry would not fight , so Newcastle gates flew open to her inveterate Enemy , without any resistance at all , where he had more Freinds than Foes , and the English Generals rather then to be put to unworthy compositions retired in disorder : Whither this happened either by secret faction , or want of affection in in the Souldier , or by the faults of the Generall , I will not determine ; but sure I am it was dishonourable enough to poor England , who was bought and sold in this expedition . This was the first entrance the Scot made into England since these unhappy Wars ; but this invitation was private , the last was publick , being voted by the English Commons , and they rush'd in , in the dead of Winter ; notwithstanding that his Majesty had taken a toylsome journey not long before to sit amongst them himselfe in Parliament , where he condescended to every thing they could imaginably desire , and they acknowledging his unparaleld Grace , desired that Act to be reviv'd whereby it was Treason in the highest degree that could be , for any of the Subjects of Scotland of what degree or condition foever to levy any Mlitary Forces without his Majesties expresse Commission , and this they did to expresse their gratitude : as they said . But the yeare came scarce about before they had moulded another Army , not only without , but expresly against his Royall Commission , and Counter-command , and would intrude themselves to be Vmpires twixt him and his English Subjects whither he would or no ; so in they rush'd againe in dead of Winter , and for Martiall exployts , the little credit they got by storming of Newcastle was nothing countervaylable to that which they lost before Hereford , where the Welsh-men bang'd them to some purpose from before the town , and made their Generall to trusse up his pack and away , sending him a fat Sow with Pigs after her , and a blew bonnet upon her head for his break-fast . COROLLARIE . THus have I run over , and faithfull related by collation of many Authors , with their concurrent testimonies , those trave●es of warre which have passed betwixt the English and Scots since the Conquest , having omitted many circumstances which might have tended further to the glory of England , to avoyd prolixity , for I intended at first that this Discourse should be like a skein of Silke wound up close upon a small bottome , which a freer hand might put upon the loom and draw to a large peice . Any man of a clear and unpassionate judgement will hence inferre that the Scots have been alwayes farre inferiour to the English ( except in these latter unlucky Invasions ) in poynt of true prowesse , and National Power : In some examples you may finde how the English carryed away more Captives then they were Souldiers of themselves , driving them as sheep before them most of the Battails they fought were in Scotland herself , when the English had been tir'd with long marches , over uncouth , and strange places , being ignorant of the advenues , and advantages of them . Indeed in Edward the Seconds reign they got three battails , and one at the fag end of Hen. the 8. wherein Sir Ralph Evers was slaine , but it was more by stratagem than strength , and besides the English might have been said to have fought rather against the Heaven and Elements then men , having Wind and Sun in their faces , but that might have been tearmed more properly a petty defeat then Victory , for there fell not above 200. But what use did the Scot ever make of those Victories , though the North parts have many places of fastnesse , and tenable , yet I reade not of any place they kept except Barwick ; all the rest of their Warres were but tumultuary sallies , and predatory devastations , and pilfrings . But the English have taken foure of their Kings captives , killed two of them in the Field , carried away their Crown ( which they give out to be greater and more weighty than that of England ) their Ragman-Roll , the Blacke Crosse , with other instruments of Soveraignty , and did sundry acts equivalent to a Conquest . They pierced the very heart of the Kingdom , and the Scot may be said to have onely trod upon Englands toe , for they never came farther than the Walls of Yorke , till the reigne of this thing that cals it selfe Parliament . But if one should aske me why the English having made such firme Invasions from time to time into the very bowels of Scotland , did not reduce it to a vassallage and perfect provincial obedience , as well as to make their Kings fuedetary in which state they continued towards England near upon five hundred yeares ? My Answer shall be the same that Suetonius gives in behalfe of the Romans , who notwithstanding they lorded over the rest of Brittany four hundred and odde yeares , yet they never went about to conquer Scotland , because they knew the prize would not have countervail'd the paines , by reason of the cragginesse of the Countrey and incommodity of habitation , therefore they thought it enough that Adrians Wall which extended from Tinmouth to Solway Frith , near upon fourscore miles should be the Westerne Bounds of their Empire . Out of the precedent Examples we may also gather , that the Scot hath been alwayes of a genius apt and forward to stir against England upon any the least occasion . For of those five and twenty Kings and Queens that have been since the Conquest , onely five have been free of their insolencies : yet did England never begin with them till she was justly provoked thereunto , nor could Alliances nor Leagues , or any tyes of Treaty confirmed by Solemne Oathes ( which are those religious Bonds that passe 'twixt God and the Soul ) detain the Scotish Kings from puzling and disturbing England , when her Kings were most distracted in Warres with France , and the better halfe of her strength imployed abroad , so that the Scots may be said to have been from time to time as goads in Englands sides , or a thorne in her toe ; and France leaguing meerly for his own advantage with them , may be said to have made use of Scotland as the Fox did of the Cats foot to pull the Apple out of the Fire for his own eating : yet for all these eager and irrefragable Combinations 'twixt the French and Her against England , England ever bore up , and made her party good , and that in a victorious way against both , and for Scotland she may be said to have given Her blowes for phillips . But it seemes that Italian was well versed in the Scotishmens humours , who understanding of the late Vnion between the two Kingdomes , said that England had got no great catch by the addition of Scotland , she had onely got a Wolfe by the eares , who must be held very fast , else he will run away to France . Some there are who much magnifie and cry up the Scots of late yeares , for great Souldiers , tacitly derogating thereby from the English , as if they should stand in some apprehension of fear of them ; but I cannot imagine upon what grounds they should do it ; true it is , that since the Revolt of the Hollander , and these seventy yeares Tumults in the Netherlands , some of them are much improved in the Art of Warre , and knowledge of Armes from what they were ; they have also pushed on their Fortunes in the Warres of Denmarke , Sweden , Russia , Germany ; and France ; for Poland , their Profession there is to trusse Packes rather than traile Pikes . By reason of the quality of the Soile and Clime they have tough and hardy bodies , and it may adde to their courage that they venture for a better Countrey , in regard they cannot go to a worse than their own . Now it must be granted that the greatest advantage wherewith Nature doth recompence a mountainous and sterile Soile above a luxurious and easie , is , to make it produce suffering bodies ; which made the Romans●e ninescore yeares conquering of Spain , when they were but nine conquering of France . For the first , 't is answered , that if the Scot hath made sallies abroad into other Countries of late yeares , the English also have done the like , and are in some places in greater numbers , as in the Low-countries , where at this day they treble the number of the Scots , so that the Netherlands may be said to be a Military Yard for the English as well : and he that is never so little versed in the Moderne Stories will finde that the Foundation of that State hath been chiefly cimented with English Bloud . For the East countrey , 't is true , there are many able Scots Leaders , and there are also many English of abilities and fame . To the second , if the Scots are a hardy People because of their cragges and mountaines : I answer that the Welch and Cornish with them that dwell about the Northerne Alpes in England , are as mountainous as they , and I believe have as suffering and sturdy bodies ; which makes the world yield it for a Maxime , that no Prince of Christendom hath a better choice to make Souldiers of than the King of Great Britain . I will conclude with certain Prophesies the Scots do much speak of . The first is out of Polychronicon , where the Authour Ranulphus Cistrensis relates the words of a certain Anchorite who lived in King Egelbert his time , now near upon 900. yeares ago , and the words are these , Angli , quia proditioni , ebrietati , & negligentiae domus Dei dedit● sunt , primum per D●nos , deinde per Normanos , tertiùm per Scotos , quos vilissimos habent , conterentur : varium erit saeculum , & varietas mentium , designabitur varietate vestium . 1. The Englishmen for that they wonneth themselves to treason , to drunkennesse , and wretchlesnesse of Gods House ; first by the Danes , then by the Normans , and lastly by the Scots , whom they holden least in esteem , shallen be overthrown , 't will be an instable Age , and the variablenesse of mens mindes shall appear by the variablenesse of their vestments . The Danish and Norman Conquest have happened since , and the third is to follow in the same manner , say they , not by Succession , but by the Sword . 2. The second are those Prophesies of Merlin , who much tampers with the single Lion , and of the Feats that he should do , which they say , is meant of their Lion within a double Treasure Rampant , Mars counterflowred . 3. Then come they to the Stone wherein they say , the Fortune of their Kingdom is fixed , which hath lain in Westminster , now near upon five hundred yeares . Ni fallat fatum , Scoti quocunque locatum Invenient Lapidem regnare tenentur ibidem . If Fate failes not , the Scots , where ere they finde This Stone , there they shall reigne and rule man-kinde . Which they interpret also must be by the Sword not by Succession . 4. Then do they apply to themselves a Prophesie that the Irish have very frequent amongst them , which is , That the day will come , when the Irish shall weep over the Englishmens graves . 5. Lastly , that which is so common in the English mens monthes . [ Lincolne was , London is , and Yorke shall be ] which they say , shall be at last the Seat of the British Empire , to be erected there by them . But I am none of those that afford much faith to rambling Prophesies , but will conclude with a late much cried up Wise-man , ( Sir W. R. ) that Prophesies are as seeds sown in the vast field of time , whereof not one grain of a thousand comes to grow up : yet these Prophesies may serve as so many Prospectives for England , to behold , though a far off in a mist , the danger and destiny which may befall her , from this growing Nation if not timely prevented . 6. Hereunto may be added another very old and il-favoured one , which shall fore run her fall . Gens tua te prodit , proh Anglia , Scotia rodit ▪ — O England , Thine own People thee betray , And Scotland makes of thee a prey . FINIS . Notes, typically marginal, from the original text Notes for div A86615e-130 Charles the 6. of France , called le phreatique . 
A86916	----	The declaration and engagement of the Marquesse of Huntley, the Earle of Atholl, Generall Midletou [sic], and many of the nobility of Scotland that have lately taken up arms for the defence of his Maiesties person and just authority. Huntley, Lewis Gordon, Marquess of, d. 1653. This text is an enriched version of the TCP digital transcription A86916 of text R212041 in the English Short Title Catalog (Thomason 669.f.15[60]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86916 Wing H3780 Thomason 669.f.15[60] ESTC R212041 99870695 99870695 163134 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86916) Transcribed from: (Early English Books Online ; image set 163134) Images scanned from microfilm: (Thomason Tracts ; 246:669f15[60]) The declaration and engagement of the Marquesse of Huntley, the Earle of Atholl, Generall Midletou [sic], and many of the nobility of Scotland that have lately taken up arms for the defence of his Maiesties person and just authority. Huntley, Lewis Gordon, Marquess of, d. 1653. Atholl, John Murray, Marquess of, 1631-1703. Middelton, Thomas, Sir, 1586-1666. 1 sheet ([1] p.) Printed by Samuell Broun English bookseller, Hagæ : 1650. Dated at end: This Declaration and Engagement was signed by the above nam'd persons the 20. of October 1650. Reproduction of the original in the British Library. eng Scotland -- History -- 1649-1660 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. A86916 R212041 (Thomason 669.f.15[60]). civilwar no The declaration and engagement of the Marquesse of Huntley, the Earle of Atholl, Generall Midletou [sic], and many of the nobility of Scotla Huntley, Lewis Gordon, Marquess of 1650 433 1 0 0 0 0 0 23 C The rate of 23 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-09 TCP Assigned for keying and markup 2007-11 Aptara Keyed and coded from ProQuest page images 2007-12 Mona Logarbo Sampled and proofread 2007-12 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE DECLARATION and Engagement of the Marquesse of Huntley , the Earle of Atholl , Generall Midletou , and many of the Nobility of Scotland that have lately taken up Arms for the defence of his MAIESTIE Person and just Authority . VVE Vnder scribers , being touched with a deep sence of the sad condition this our Native Kingdome of Scotland is in , by a prevailing Army of Sectaries , who having murthered our Soveraign the late KING , and overturned Religion , and Government in our Neighbour Kingdomes of England and Ireland , have invaded this Kingdome , and are in a way ( having so considerable a part thereof under Foot ) to reduce the whole to a Province , except the Lord in his mercy prevent it , by joyning his MAIESTIES Subjects in the Band of Vnity , which is the onely means ( in our judgement ) to preserve Religion , King and Kingdome ; but to the grief of our hearts we find in the place of Vnion the breach proving Wider , and that not only in Church and Estate , but likewise in the remnant of our Army : Our Resolutions therefore are , firmly and faithfully to joyn our selves together , and neither for fear , threatning , allurement , nor advantage to relinquish so good a Cause , or lay down Armes without Generall Consent ; And what shall be done to the least of us in prosecuting of the said Vnion , shall be taken as done to all . And seeing the best undertakings are under the mercy and favour of malice , we cannot but apprehend our selfes to be subject to that lawlesse Inquisition ; Therefore , and for the satisfaction of all who are satisfiable , We do promise and swear , that we shall maintain the true Religion as it is established in Scotland , the Covenant , League and Covenant , the Kings MAIESTIES Person , power , Greatnesse , and Authority , the Priviledges of Parliament , and Liberty of the Subject . So help us God . This Declaration and Engagement was Signed by the above nam'd Persons the 20. of October 1650. And was brought over by a Person of Reputation that came out of Scotland upon the 25. who assures that it was resolved His MAIESTIES Coronation should be a●St . Johnstons the 30. following ; and the Parliament at that time to begin and sit there also . HAGAE , Printed by SAMUELL BROUN English Bookseller , 1650. 
A86971	----	Nevvs from the north: or, A true relation of the affaires in those parts, and in Scotland. Being a letter sent to a friend from Penrith in Cumberland, the 23. of June, 1648. And published for the satisfaction of those that desire to be truly informed of the present condition of those places. H. H. This text is an enriched version of the TCP digital transcription A86971 of text in the English Short Title Catalog (Thomason E450_11). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86971 Wing H41 Thomason E450_11 99864575 99864575 161900 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86971) Transcribed from: (Early English Books Online ; image set 161900) Images scanned from microfilm: (Thomason Tracts ; 71:E450[11]) Nevvs from the north: or, A true relation of the affaires in those parts, and in Scotland. Being a letter sent to a friend from Penrith in Cumberland, the 23. of June, 1648. And published for the satisfaction of those that desire to be truly informed of the present condition of those places. H. H. [2], 6 p. Printed by Richard Cotes, London : 1648. Signed on p.6: H. H. The word "published" is preceded by a square bracket. Annotation on Thomason copy: "June 29". Reproduction of the original in the British Library. eng Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A86971 (Thomason E450_11). civilwar no Nevvs from the north:: or, A true relation of the affaires in those parts, and in Scotland. Being a letter sent to a friend from Penrith in H. H. 1648 1089 4 0 0 0 0 0 37 D The rate of 37 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-12 TCP Assigned for keying and markup 2007-12 Apex CoVantage Keyed and coded from ProQuest page images 2008-01 Mona Logarbo Sampled and proofread 2008-01 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion News from the North : OR , A TRVE RELATION OF THE Affaires in those Parts , And in SCOTLAND . Being a LETTER Sent to a Friend from Penrith in Cumberland , the 23. of JUNE , 1648. AND Published for the satisfaction of those that desire to be truly informed of the present condition of those PLACES . LONDON , Printed by Richard Cotes , 1648. News from the North ; OR A TRVE RELATION Of the Affaires in those parts , and in SCOTLAND . Honoured Sir , ALthough I have but little to acquaint you with since my last , yet because I would omit no opportunity of letting you understand our condition , I have directed these to your hands ; providence hath so ordered it , that through exceeding unseasonablenes of the weather in these parts , and the continued expectation of assistance out of Lancashire , we have done little but secured our owne quarters at this Towne , which are now eaten up ; to morrow or next day we advance towards Carlisle : the Lancashire ▪ Foot and Horse ( so they are called here ) comming up to us as we expect , they are now but 16. miles from us , their number 2000. Horse and Foot ; our Head ▪ quarters I presume will be about Berwick bridge three miles from Carlisle , it being judged the best place to enforce the enemy without the Towne to an ingagement or a flight , whose numbers are not above halfe so many as reported , all not exceeding 3000. in the field in these parts ; some part of their Horse are advanced into Northumberland to Marpeth , between Anwicke and Newcastle ; if our advance to Berwicke bridge doe not cause their retreat , ours setled there we intend to send after them . Many dayly come out of Scotland to us , both English and Scottish , but few Olive branches brought by either ; the tydings sad relating to honesty , or honest men , some Ministers already executed , more imprisoned , all that indeavour to oppose or obstruct the present furious proceedings of the now prevalent party , are by power given to a Committee for that purpose to bee secured , their goods to be confiscated . Their oath is framed and urged already upon the Nobility and Peers , but none other ; upon it Lowden the Chancellour , and Louthian , Warriston , and severall other Lords and Gentlemen are fled , but not knowne whether . Orders are issued out to all Ports to make stop of them ; there was a purpose of the honest Gentlemen , and others well affected to honesty , in the West part of that Kingdome , to have embodyed to the number of 10000. but prevented by the advance of Leivtenant Generall Middleton thither , so as not above the number of 1500. got together , those he summoned and willed to return to their homes ; this drew off most , yet fearing it was but a design to catch their persons , resolved to outbid all adventures , and would ot stir , 300. of these Leivtenant Middleton forced to a water side , that they must either yeeld or fight , the latter of which they chose & did it wth much courage , that they beat off his Horse , and put them to a rout and flight , thereby got opportunity to secure themselves in Galloway a garrison of Argiles , 500. more being all that stayd of the 1500. which had been old Souldiers , got into a Bog for their own preservation , which was after beset by the Horse , but as yet wee know not what is become of them . Argile hath been sent to by the now late Committee of Estates , to know the reason why his two Regiments now with him yeeld not obedience to the commands of the present officers of the Army ; he replyed he would examine it , and shortly return them an accompt or a reason of it . Middleton , Bartlett , Vrry , ( not Colonel Vrry ) Gibbs of Essex , these all have accepted of Commands under the Generall Hamilton . Old Leven , David Lish●y , Holbourne , Carr a Collonel at Plimouth ; Leivtenant Colonell Carr Leivtenant Colonell to Middleton , and severall , yea most of the Officers formerly imployed by themselves , and we in England have refused . Honest men say , never was there such a sad persecu●ion in that Kingdome , yet God hath exceedingly emboldened the spirits of the Ministry and others to withstand them , as if deliverance were behind the Curtaine for them ; all confesse , no visible helpe to them but by this Army , or part of its suddain advance into that Kingdome , which how God may please in his wise providence to order I cannot tell ; much hath God been pleased to teach them of a spirit of forbearance towards such as they deemed Brethren , confessing their error in their rigid pressing to a conformity . I am almost perswaded in my owne heart , God hath a designe in this to unite the spirits of the Saints in both Nations each to other , by making them see a need of one another . It made my heart almost to bleed , to hear some of them confesse it was a wise dispensation of the Almighty , that they who had it in purpose , and indeavour to persecute others , should first taste of that cup , yea from the hands of such which they thought to have made instrumentall for the other , and that God should so order it , that those whom they judged could not upon prudentiall grounds be suffred to cohabit with them , or be so much as their neighbours , should now become the onely visible safety , or hopes of such under God to them . I have done with this ; I have no further to acquaint you with , but the increase of the enemy about Pomfret , and their late indeavours to surprize Nottingham , Yorke , Hempsley , and Bolton Castles . Sir , I am your most affectionate Kinsman , H. H. FINIS . 
A86996	----	A new declaration set forth by the Lord Gen. Hamilton wherein is declared, the full resolution of the officers and souldiers in the Scottish army, to the Presbyterians of England, and their resolution to settle the Kings Majesty in his royal throne, and to make him as glorious a prince as ever reigned in Europe. Likewise, the propositions of Sir Marmaduke Langdale, to the Lord Generall, concerning the uniting of the two armies, and a declaration touching the Presbyterians, and the Royalists. Presented to Duke Hamilton upon his entring into England, and the proceedings of the Scottish army thereupon. Also, another army advancing out of Scotland, under the command of Gen. Monroe. And a great fight neer Carlisle, between the two armies, and the number killed and taken. Hamilton, James Hamilton, Duke of, 1606-1649. This text is an enriched version of the TCP digital transcription A86996 of text R204868 in the English Short Title Catalog (Thomason E452_31). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 9 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86996 Wing H481 Thomason E452_31 ESTC R204868 99864325 99864325 116552 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86996) Transcribed from: (Early English Books Online ; image set 116552) Images scanned from microfilm: (Thomason Tracts ; 72:E452[31]) A new declaration set forth by the Lord Gen. Hamilton wherein is declared, the full resolution of the officers and souldiers in the Scottish army, to the Presbyterians of England, and their resolution to settle the Kings Majesty in his royal throne, and to make him as glorious a prince as ever reigned in Europe. Likewise, the propositions of Sir Marmaduke Langdale, to the Lord Generall, concerning the uniting of the two armies, and a declaration touching the Presbyterians, and the Royalists. Presented to Duke Hamilton upon his entring into England, and the proceedings of the Scottish army thereupon. Also, another army advancing out of Scotland, under the command of Gen. Monroe. And a great fight neer Carlisle, between the two armies, and the number killed and taken. Hamilton, James Hamilton, Duke of, 1606-1649. Langdale, Marmaduke Langdale, Baron, 1598?-1661. [2], 6 p. Printed at Edenburgh, and re-printed at London, for general satisfaction both of Presbyterians, Royalists, and Independents, [London] : 1648. Annotation on Thomason copy: "July 13". Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles, 1625-1649 -- Early works to 1800. A86996 R204868 (Thomason E452_31). civilwar no A new declaration set forth by the Lord Gen. Hamilton: wherein is declared, the full resolution of the officers and souldiers in the Scotti Hamilton, James Hamilton, Duke of 1648 1477 3 0 0 0 0 0 20 C The rate of 20 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-04 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-12 Mona Logarbo Sampled and proofread 2008-12 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A NEW DECLARATION Set forth by the Lord Gen. Hamilton Wherein is declared , The full Resolution of the Officers and Souldiers in the Scottish Army , to the Presbyterians of England , and their Resolution to settle the Kings Majesty in His Royal Throne , and to make Him as glorious a Prince as ever reign'd in Europe . LIKEWISE , The Propositions of Sir Marmaduke Langdale , to the Lord Generall , concerning the uniting of the two Armies , and a Declaration touching the Presbyterians , and the Royalists . Presented to Duke Hamilton upon his entring into England , and the proceedings of the Scottish Army thereupon . Also , another Army advancing out of Scotland , under the command of Gen. Monroe . And a great Fight neer Carlisle , between the two Armies , and the number killed and taken . Printed at Edenburgh , And re-printed at London , for general satisfaction both of Presbyterians , Royalists , and Independents , 1648. THE SCOTS NEW MARTCH And their advancing into England with 12000. Horse and Foot , for King , Covenant , and Religion . VVith the Lord Generals Declaration , sent to the Counties of Northumberland and Westmerland . Right Honoured , THe Scots are now upon their march towards the Borders of Westmerland , with a Resolution to advance towards the Southern Climate , the Lord Sincler with a Regiment of Horse , and two of Foot is joyned with Major General Langdale , and the whole Army , together with the Tram of Artillery will suddenly be united ; for they are now upon the Confines of England , and upon the 12. of this instant intends to joyn with Major Generall Langdale , their Army consisting of 12000. Horse & Foot , besides 4000. more commanded by Generall Monroe , who is said to be come out of Ireland with most of the said Forces , having ma●e a Cessation with the Rebels , as it is reported . These are said to be very expert in Martiall affaires , the worst of them being able to make a good Commander . But notwithstanding all their great force , and impregnable power , our men are resolved to fight with them , being full of courage , and willing to adventure lives and fortunes against any Forreigners whatsoever that shall endeavour to obstruct the peace of their native Country . And being willing to testifie their fidelity both towards King , Parliament , and Kingdome , against the enemies thereof , have made another gallant attempt against the Longtailes , the manner thus . On Sunday night last our Army comming to Warwicke bridge four miles from Carlisle , the enemy kept a strong Guard of Horse and Foot there , but our men marching very silent , and the Foot keeping their matches undiscovered , we were upon them before they were aware : Our Forlorn fell in amongst them , doing great execution , and being unwilling to dispute the businesse , the enemy set fire on their Guards and fled , our men pursued them to the Walls of Carlisle still firing upon their Rear , and did great execution , so that after a sharp breathing , we took about one hundred prisoners , forty Horse , and sixty Armes , with the losse of six men . This action hapned in the night , which saved the enemy many hundreds , but we gave them so hot an allarm , that they left all their quarters , and ran to Carlisle . We hear that Col. Fairfax who lyeth with his Forces at Fern bridge , hath given the Pomfret Forces a Defeat ; occasioned by their salleying forth upon Fryday night last , a party of them being commanded out by Major Thimbleby who wheeling about by the lower towne . in the evening made their approach neer the bridge , but our Centinels discovering them , gave the word privately back , and our men being in a readinesse to receive them , gave them a volley , ●ut notwithstanding they cam● within pistoll shot of the bridg foot , whereupon the Captain of the Guard , discharged a Drake laden with key shot at them , the Cunner being absent , which made such a Rout , that they betook themselves to flight , our men pursued , & in the pursuit took their commander in chiefe prisoner , with divers others , and killed about 20. of them , pursuing the rest into Pomfret town . We are further advertized , that about Tuesday or Wednesday he Scots intend to set footing into England , and have already sent their Embassage to the Northern counties to be proclaimed and read at the respective Market townes within the said Counties which is to this effect . The Declaration of Duke Hamilton . WHereas we find the long sufferings of His Royall Majesty to be great & unexpressable , and the heavie burdens and oppressions of his liege people so intollerable and unsupportable , to the great dammage of divers of his Majesties loyall subjects ; therefore we do declare , that we are resolved to hazard lives and fortunes for the redeeming of his Majesty from prison , and to make him as glorious a King as even reigned in Europe , to settle Religion according to the Covenant , & to establish and preserve the peace of both Kingdoms , according to our solemn League and Protestation . The Declarations and Propositions of Major Gen. Langdale , to Duke Hamilton , concerning the Presbyterians of England . UPon the second of this instant July , Sir Marmaduke Langdale , and Sir Tho : Glenham called a generall Councel , where appeared most of the Field-Officers under their present command , and after they were assembled together , they agreed upon certaine Propositions , to be sent to Duke Hamilton , and the rest of the Scottish Peers , now in activity with the new raised Forces of Scotland , concerning the Presbyterian parry of England ; which Propositions I shall here communicate to the publike view , viz. I. That Sir Marmaduke Langdale humbly desireth , that their Lordships would be pleased to contrive some expedient way how he may declare , that as the Presbyterian party be incouraged to joyn with us , in this our Engagewenr for the King and Covenant so the Royall party may not be lost , but that a fair correspondencie may be kept betwixt both . II. To acquaint their Lordships with the Reasons why the Presbyterian party do not joyn with us , nor come in to our assistance , is , because they had some thoughts that we should have been left to our selves , and have received no assistance or ayd from this Kingdome , to adhere to us , and to stand firme in this our association and conjunction , for the Honour of the King , and the peace and happinesse of both Kingdomes . III. That they would be pleased , to let some person who is of known integrity to the Lord Generall , and faithfull to his present Engagement , may be employed into England , to advertise their Lordships of our procedings . IV. To certifie their Lordships , that there hath been nothing wanting on our parts for the advancement of this great Work , and to keep a good correspondency with the Inhabitants of these Northern Counties , notwithstanding the falling off of Lancashire , and our endeavouring to engage them with us . These propositions were agreed upon at a generall Councell held in Carlisle , and sent to Duke Hamilton , Lord Generall of the Scots Army ; who after reading thereof , in presence of most of the chiefe Commanders , it was resolved , That Orders should be forthwith sent to the Commanders in chief of each Regiment , to march with their Regiments to the generall Randezvouz at Dumfreize , according to the day prefixed , which accordingly they did , where severall Orders were read at the head of each Regiment , concerning the Discipline and Government of the Army , intimating the penalties which should be executed upon those that did offend . And after these and the like passages , each Regiment drew off , and marched from the Randezvouz , towards Carlisle , the Lord Generall rode before them with his Life-guard , accompanied with many Noblemen , and Knights of Chivalry ; and it is believed , they will crosse the Tweed tomorrow . Edenburgh July 7. 1648. FINIS . 
A86999	----	The declaration of Duke Hamilton, concerning his engagement against England, and his coming in with the King of Scots. And, his speech and confession made to divers officers of the Army, upon his death-bed; with the protestation and resolution of the citizens of VVorcester concerning the present government. Also, the old Dutchesse of Hamilton's prophesie (grandmother to the foresaid Duke) concerning the routing of the Scots army, and the extirpation of the family of the Stuarts. Together, with the copy of a letter from Edenburgh in Scotland, communicating the transactions of affaires in that nation. Hamilton, William Hamilton, Duke of, 1616-1651. This text is an enriched version of the TCP digital transcription A86999 of text R202514 in the English Short Title Catalog (Thomason E641_17). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 7 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A86999 Wing H487A Thomason E641_17 ESTC R202514 99862767 99862767 165945 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A86999) Transcribed from: (Early English Books Online ; image set 165945) Images scanned from microfilm: (Thomason Tracts ; 98:E641[17]) The declaration of Duke Hamilton, concerning his engagement against England, and his coming in with the King of Scots. And, his speech and confession made to divers officers of the Army, upon his death-bed; with the protestation and resolution of the citizens of VVorcester concerning the present government. Also, the old Dutchesse of Hamilton's prophesie (grandmother to the foresaid Duke) concerning the routing of the Scots army, and the extirpation of the family of the Stuarts. Together, with the copy of a letter from Edenburgh in Scotland, communicating the transactions of affaires in that nation. Hamilton, William Hamilton, Duke of, 1616-1651. [2], 6 p. Printed by Robert Wood, London : 1651. Annotation on Thomason copy: "Sept. 26.". Reproduction of the original in the British Library. eng Scotland -- History -- 1649-1660 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. A86999 R202514 (Thomason E641_17). civilwar no The declaration of Duke Hamilton, concerning his engagement against England, and his coming in with the King of Scots.: And, his speech and Hamilton, William Hamilton, Duke of 1651 1227 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-04 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE DECLARATION OF Duke HAMILTON , CONCERNING His Engagement against England , and his coming in with the King of Scots . AND , His Speech and Confession made to divers Officers of the Army , upon his Death-Bed ; With the Protestation and Resolution of the Citizens of VVorcester concerning the present Government . ALSO , The old Dutchesse of Hamilton's Prophesie ( Grandmother to the foresaid Duke ) concerning the routing of the Scots Army , and the extirpation of the Family of the Stuarts . TOGETHER , With the Copy of a Letter from Edenburgh in Scotland , communicating the transactions of affaires in that Nation . London , Printed by Robert Wood , 1651 Sept. 16. . Duke Hamilton's DECLARATION CONCERNING His coming into England with the King of Scots . SIR , I Make no question , but you have had a large account given you of the Battle which was fought here in this City , wherein the Mercies of God were very eminent towards us , and is as a Crown to all those blessings which the Lord hath vouchsased us formerly . This City is indeed become a sad Spectacle and was very noysome , by reason of the multitudes of dead carcasses , both of man and beast , ( for the Fight was very fierce , and the slaughter of the Enemy great ) till care was taken for their removal ( by Gods blessing ) to prevent Infection . We hope the Malignants of this place will learn by the present calamities , to see into their own Follies , and behold the hand of God upon them in those miseries which they have drawn upon Themselves , by their former and later compliances with the Enemie ; their remissenesse in Government , their murmuring and complaining of wants ; for , under that pretence , in our greatest extremity , the day before the Scottish Armie entred the City , not five pounds could be raised among them for present supply , though now their Plunder be rated at an extraordinary value . His Excellency the Lord General hath been very noble in all things , and hath infinitely won the hearts of the Inhabitants of this City , who repent them of their former malignancy , and protest hereafter to be faithful to the Parliament , & to live and die in defence of the present Government . Duke Hamilton is dead of the wounds which he received in the late Fight ; a little before he dyed , lying in great extremity with the pain of his leg , and every hour expecting to be dissolved , he declared before several Officers of the Army , and divers Gentlemen of quality who were present with him , That he was heartily sorry that ever he engag'd against the Parliament ; and that he was confident his coming into England was contray to the Will of God ; wishing that he had been admonished by his Grandmother , who Prophetically told his Father in the Year 1648. when he came with that numerous Scotch Army into England , which was routed in Lancashire , that if he did engage against England , it would be the ruine of him and his Posterity ; saying further , That she was confident that the Army would be totally routed , and the Family of the Stuarts would in very few yeares be utterly extirpated both in England and Scotland . Whose words hitherto have proved Oracular ; for his Father being taken prisoner , was beheaded at Westminster , and the son mortally wounded in the late Fight here , dyed yesterday of his VVounds in this City ; he seemed very sorrowful for his sins , and earnestly desired those about him to joyn in prayers with him to the Lord , that he might find mercy and forgivenesse . The Commissioners of the Militia are disbanding their Militia Forces , and with some endeavours of satisfaction to them , answerable to their willingnesse in the Parliament's Service ; and that in so great a number . They are likewise careful in ridding the Country of straglers ; also in seizing and securing the persons and estates of such as adhered to the Scottish King , most of which were Papists of this Country ; and in Summoning the Country to level the new VVorks and Fortifications about the City . Worcester , Sept. 13. The Copy of a Letter from Edenburgh in Scotland , relating the state of affaires in that Nation . SIR , LIevrenant Gen. Monk is now Master of the field in this Nation , all parts falling down before the power of the Parliament of England ; yet there is a malignant spirit in many , they are not to be trusted , onely with an hand of awe over them . The old Cavalier party curse the Presbyterians , and say that they and their pride and insolency hath been the cause of all this evil that hath befaln their King and his friends ; and the Presbyterian party accuse the old Royalists for being so heady to run with their King so fast in his own way : But we say it is the wickednesse of the one , and perfideousnesse of the other hath provoked the Lord to humble them . The Lord grant they may make a right use of it . Here is old ( or rather new ) howling among the Ladies in Scotland , for their Husbands , Fathers , Sons , Friends , that are flam and taken in England and Scotland , and it seems some of them ( like Pilats wife ) gave their Husbands warning , begging of them not to go out in this VVar. The Marquesse of Arguile would fain make pretence that he hath not been guilty of the late transactions , though he had too great an hand in the Treaty with the King , and something since . Indeed he had so much discerning it seems into the Scots Kings designs , that he justly began to fear , that if he prospered , he should find the same feward that Montrosse had from him and his party , and therefore he so far obstructed that party that he saw designed to undermine him , that the very common Souldiers have jusled him and abused him , as he went along the streets , before the Scots King marched into England . The Scots Gentry lay much fault upon their Ministers , that they preached to them as if the English Designes were far otherwise then they find them : But we find much falsenesse in this Nation , yet some we hope are godly . We have fallen upon severall Parties in Scotland , where they were respectively , and every day almost some prisoners are brought in , or some place reduced ; so that the power of the Lord hath wonderfully appeared for us , Montrosse and Aberdeen have submitted . Captain Hume doth some mischief by robing , but we have sent some parties to find him out . Edenburgh , 14. Sept. 1651. FINIS . 
A91260	----	Scotlands publick acknowledgement of Gods just judgement upon their nation for their frequent breach of faith, leagues, and solemne oathes made to their neighbours of England, in former ages, to gratifie their treacherous confederates of France. Recorded in their own publick liturgie, printed at Edenborough by Thomas Bassandine, Anno. Dom. 1575, page 54, 57, 58, und this title, Prayers used in the churches of Scotland in the time of their persecution by the Frenchmen (in the year 1560) from whose tyranny and vassalage, they were then delivered by the Free Brotherly Assistance and forces of the English, to whom they had been formerly persidious. Published to prevent the like breach of solemn leagues, oaths, and covenants between both nations now (for fear of incurring the like, or a worse judgement,) by a well-wisher to both kingdomes. Prynne, William, 1600-1669. This text is an enriched version of the TCP digital transcription A91260 of text R210628 in the English Short Title Catalog (Thomason 669.f.10[90]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91260 Wing P4060 Thomason 669.f.10[90] ESTC R210628 99869408 99869408 162623 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A91260) Transcribed from: (Early English Books Online ; image set 162623) Images scanned from microfilm: (Thomason Tracts ; 246:669f10[90]) Scotlands publick acknowledgement of Gods just judgement upon their nation for their frequent breach of faith, leagues, and solemne oathes made to their neighbours of England, in former ages, to gratifie their treacherous confederates of France. Recorded in their own publick liturgie, printed at Edenborough by Thomas Bassandine, Anno. Dom. 1575, page 54, 57, 58, und this title, Prayers used in the churches of Scotland in the time of their persecution by the Frenchmen (in the year 1560) from whose tyranny and vassalage, they were then delivered by the Free Brotherly Assistance and forces of the English, to whom they had been formerly persidious. Published to prevent the like breach of solemn leagues, oaths, and covenants between both nations now (for fear of incurring the like, or a worse judgement,) by a well-wisher to both kingdomes. Prynne, William, 1600-1669. 1 sheet ([1] p.) for M.S., Printed at London : 1646. A well-wisher to both kingdomes = William Prynne. Annotation on Thomason copy: "[illegible] th". Reproduction of the original in the British Library. eng England -- Foreign relations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. A91260 R210628 (Thomason 669.f.10[90]). civilwar no Scotlands publick acknowledgement of Gods just judgement upon their nation for their frequent breach of faith, leagues, and solemne oathes m Prynne, William 1646 705 4 0 0 0 0 0 57 D The rate of 57 defects per 10,000 words puts this text in the D category of texts with between 35 and 100 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-07 Aptara Keyed and coded from ProQuest page images 2007-08 Pip Willcox Sampled and proofread 2007-08 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion SCOTLANDS PUBLICK ACKNOWLEDGEMENT OF GODS JUST JUDGEMENT upon their NATION For their frequent BREACH OF FAITH , LEAGVES , and SOLEMNE OATHES made to their Neighbours of England , in former Ages , to gratifie their treacherous Confederates of FRANCE . Recorded in their own publick Liturgie , Printed at Edenborough by Thomas Bassandine , Anno Dom. 1575 page 54. 57. 58. under this Title , Prayers used in the Churches OF SCOTLAND in the time of their Persecution by the FRENCH-MEN ( in the year 1560. ) from whose Tyranny and Vassalage , they were then delivered by the Free Brotherly Assistance and Forces of the ENGLISH , to whom they had been formerly so Perfidious . Published to prevent the like Breach of Solemn Leagues , Oaths , and Covenants between both Nations now ( for fear of of incurring the like , or a worse Judgement , ) by a Well-wisher to both Kingdomes . BUT Now , O Lord , the dangers which appeare , and the trouble which increaseth , by cruell Tyranny of forsworne Strangers , compelleth us to complain before the Throne of thy Mercy , and to crave of thee protection and defence against their most unjust persecution . That Nation , O Lord , for whose pleasure , and defence of whom , we have offended thy Majesty , and Violated our Faith , * oft breaking the Leagues of unity , and concord which our Kings and Governours have contracted with our * Neighbours , that Nation , O Lord , for whose alliance our Fathers and predecessours have shed their blood , and we ( whom now by tyranny they oppresse ) have oft sustained the hazard of battaile , that Nation finally , to whom alwaies we have been faithful , now after then long practised deceit , by manifest tyranny doe seek our destruction : Worthily and justly may thou , O Lord , give us to be slaves unto such Tyrants ; because , for the maintenance of their Friendship , wee have not feared TO BREAK OVR SOLEMN OATHES , made unto others , to the great dis-honour of thine holy Name ; and therefore justly mayest thou punish us by the same Nation , for whose pleasure we feared not to offend thy Divine Majesty . In thy presence , O Lord , we lay for our selves no kinde of excuse , but for thy deare Sonne Jesus Christ his sake , we cry for mercy , pardon , and grace ; Thou knowest , O Lord , that their crafty wits in many things have abused our simplicity : For , under pretence of the maintenance of our Liberty , they have sought , and have found the way ( unlesse thou alone confound their Councells ) to bring us in their perpetuall bondage , &c. This Text needs no Commentary : the summe of it is : Nationall perjury will certainly 〈◊〉 punished with Nationall Misery ; and those who break their Solemn Oathes , and Leagues wi●● their neighbour Brethren , to gratifie any other Nation or Party , shall by Divine Justice bee betraed , enslaved , or endangered to be destroyed by that very Nation and Party , for whose ends they th●● violated their Oathes and Covenants . A strong engagement both to our Brethren of Scotland and us , to take heed of Covenant breaking one with another , least thereby we expose our selves to Heavens Vengeance , and to th●Tyranny and slavery of the Common Enemy . AMOS 1. 9. 10. Thus saith the Lord ; for three transgressions of Tyrus , and for foure , I will not turn away the punishment thereof , 〈◊〉 they delivered up the whole Captivity to Edom , and REMEMBRED NOT THE BROTHER● COVENANT . Therefore will I send a fire on the wall of Tyrus , which shall devoure the palaces thereof . Printed at London for M. S. 1646. Notes, typically marginal, from the original text Notes for div A91260e-30 * See Tho. Walsingham , Hist. Ang. an. 1383 p. 133. & Antiquitates , Eccles. Brit. p. 295. 296. * To wit , of England . Note . 
A92458	----	The letter from the commissioners of the Parliament of Scotland to the commissioners of both houses, concerning His Majesties coming to the Scotish Army Dated at Southwel the fifth of May. 1646. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A92458 of text R212295 in the English Short Title Catalog (Thomason 669.f.9[61]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92458 Wing S1002H Thomason 669.f.9[61] ESTC R212295 99870933 99870933 161159 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92458) Transcribed from: (Early English Books Online ; image set 161159) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[61]) The letter from the commissioners of the Parliament of Scotland to the commissioners of both houses, concerning His Majesties coming to the Scotish Army Dated at Southwel the fifth of May. 1646. Scotland. Parliament. 1 sheet ([1] p.) Printed by John Field for Laurence Chapman, London : May 7. 1646. Dated: Southwel, May 5. 1646. Signed: by the Warrant and Command of the Commissioners for the Parliament of Scotland. Lothian. With engraved border. Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. Scotland. -- Army -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A92458 R212295 (Thomason 669.f.9[61]). civilwar no The letter from the commissioners of the Parliament of Scotland to the commissioners of both houses, concerning His Maiesties coming to the Scotland. Parliament 1646 349 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE LETTER FROM THE COMMISSIONERS Of the Parliament of SCOTLAND TO THE Commissioners of both Houses , concerning His Majesties coming to the Scotish Army . Dated at Southwel the fifth of May . 1646. Right Honorable , THe discharging of our Selves of the duty we owe to the Kingdom of England , to You as Commissioners from the same , moves Us to acquaint You with the Kings coming into Our Army this Morning ; which having overtaken Us unexpectedly , hath filled Us with amazement , and made Us like Men that dream . VVe cannot think that He could have been so unadvised in His Resolutions , to have cast Himself upon Us , without a real Intention to give full satisfaction to both Kingdoms in all their just and reasonable Demands in all those things that concern Religion and Righteousnesse ; whatsoever be His Disposition or Resolution , You may be assured , That VVe shall never entertain any thought , nor correspond with any purpose , nor countenance any Endeavours that may in any Circumstance incroach upon Our League and Covenant , or weaken the Union or Confidence between the Nations : That Union , unto Our Kingdom was the matter of many Prayers ; and as nothing was more joyful to Us , then to have it set on foot , so hitherto have VVe thought nothing too dear to maintain it ; and VVe trust to walk with such faithfulnesse and truth in this particular , That as VVe have the testimony of a good Conscience within Our Selves , so You and all the VVorld shall see , that VVe minde Your Interest with as much Integrity and Care as Our Own , being confident you will entertain no other Thoughts of Us . Southwel , May 5. 1646. For the Right Honorable , the Commissioners of the Parliament of England . Signed by the Warrant and Command of the CommisLothian . Published by AUTHORITY . London , Printed by John Field for Laurence Chapman . May 7. 1646. 
A92471	----	Act and proclamation, that none come from Ireland without sufficient testimonial. Edinburgh, 22. February, 1661. Scotland. Parliament. 1661 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92471 Wing S1037 Thomason 669.f.26[67] ESTC R210943 99869691 99869691 163949 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92471) Transcribed from: (Early English Books Online ; image set 163949) Images scanned from microfilm: (Thomason Tracts ; 247:669f26[67]) Act and proclamation, that none come from Ireland without sufficient testimonial. Edinburgh, 22. February, 1661. Scotland. Parliament. 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most Excellent Majesty, Edinburgh : 1661. Annotation on Thomason copy: the second 1 has been crossed out and replaced with "1660" in both caption and imprint dates. Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Foreign relations -- Ireland -- Early works to 1800. Ireland -- Foreign relations -- Scotland -- Early works to 1800. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ACT And PROCLAMATION , That none come from Ireland without sufficient Testimonial . Edinburgh , 22. February , 1661. FOrasmuch as it is informed , That many Seditious and Turbulent persons , Ministers and others , in the Kingdom of Ireland , finding that the Administration of his Majesties Authority and Government , which is now happily established in that Kingdom , doth not sute , nor will comply with their Phanatick principles and factious practices , are comeing over into this Kingdom expecting shelter , that they may be the more enabled to carry on their designs , in perverting the Allegiance of the Subjects , and subverting the Peace of the Kingdom : And the Estates of Parliament considering how much it doth concern the publick Peace , that such Wasps and unworthy persons , enemies to all lawfull Authority , and to whom it is naturall to stir up Sedition , and undermine the Peace , wherever they are , and therefore cannot well be allowed in any well constituted Government , should have no countenance in this Kingdom : Therefore the Kings Majesty , with advice and consent of His Estates of Parliament , doth hereby declare , That no persons whatsoever , coming from Ireland without a sufficient Passe and Testimony in writ , from the Lord Iustices Council , or any having power from them , or from the Sheriff of the County , or Mayor of the City where the saids persons lived , of their peaceable carriage and conformity to the Laws , shall be allowed any residence , resset , or stay within this Kingdom : But that it shall be lawfull to , likeas all Sheriffs , Magistrates and Iustices of Peace are required hereby to seaze upon , and imprison all such persons , wanting such Testimony ; And who shall not willingly remove out of the Kingdom within fifteen dayes after the intimation hereof unto them ( excepting from this clause all ordinary known Trafficking Merchants ) And His Majesty , with advice aforesaid , ordains , That all such persons as shall come over with any such Testimony , that within fifteen dayes after their Landing , they make their appearance before the Parliament ; or in case of their not sitting , before his Majesties Privy Council , or such as shall be warranted by them , and make known the reasons of their coming hither , and give such surety as shall be thought fit , for their peaceable carriage ; otherwise , to remove off the Kingdom within fifteen dayes : Wherein if they failȝie , Magistrates , Sheriffs , and all others , publick Ministers , are hereby ordained , as they will be answerable upon their duty , to Apprehend , Secure and Imprison them , till such course be taken , as shall be thought fit , with such Seditious and Factious persons . And ordains thir presents to endure for one year , and longer , as shall be thought fit by the Lords of his Majesties Privy Council ; And to be printed , and published at the Mercat-Crosses of Edinburgh , Glasgow , Air , Irwin , Wigton , Kircudbright , and all other places needfull , where-through none pretend ignorance hereof . A. Primerose , Cls. Reg. Edinburgh , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , 1661. 
A45110	----	A general history of Scotland together with a particular history of the Houses of Douglas and Angus / written by Master David Hume of Godscroft. Hume, David, 1560?-1630? 1648 Approx. 1540 KB of XML-encoded text transcribed from 241 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A45110 Wing H3656 ESTC R33612 13534030 ocm 13534030 100014 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45110) Transcribed from: (Early English Books Online ; image set 100014) Images scanned from microfilm: (Early English books, 1641-1700 ; 1551:25) A general history of Scotland together with a particular history of the Houses of Douglas and Angus / written by Master David Hume of Godscroft. Hume, David, 1560?-1630? [3d ed.] [17], 440 p. Printed by Evan Tyler, Edinburgh : [between 1648 and 1657] Edition statement suggested by Wing. Date of publication suggested by Wing. Second part has special tip. Errata on p. 440. Reproduction of original in the Cambridge University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Douglas family. Nobility -- Scotland. Scotland -- History. 2002-05 TCP Assigned for keying and markup 2002-06 Apex CoVantage Keyed and coded from ProQuest page images 2002-08 Emma (Leeson) Huber Sampled and proofread 2002-08 Emma (Leeson) Huber Text and markup reviewed and edited 2002-10 pfs Batch review (QC) and XML conversion A GENERALL HISTORY OF SCOTLAND , Together with a Particular HISTORY OF THE HOVSES OF DOUGLAS AND ANGUS . Written by Master DAVID HUME of GODSCROFT . EDINBURGH , Printed by EVAN TYLER . The Authour to the Reader . I Know ( Reader ) that he who undertakes to write , makes himself a mark of censure for men to level at . For to please all men , shall then only be possible , when all men shal be of one minde ; til then , we look for as many dislikings , as there is diversities of opinions , each man condemning what is not according to his own humour and palate . Some will storm or scorn ( perhaps ) our writing as an un-necessary scribling , and paper blurring : others will quarrell at the subject , that we should write a History ; others that such , so composed , and formal of a private family , with such commendation . Again , some will accuse us of partiality ; and some will even question the truth of it . Neither will there bee wanting such as will blame the forme and fashion of the work , as too short , or too long ; and many ( I doubt not ) will carp at the Stile , the Phrase , the Periods , the Diction and Language . In all these particulars , to satisfie all men , is more then we can hope for : yet thus much shortly of each of them , to such as will give eare to reason : That I write , and of this subject , I am constrained to do it ; not by any violence or compulsion , but by the force of duty , as I take it : for being desired to do it by those I would not refuse , I thought my self bound to honour that name , and in , and by it , our King & Countrey . And so I have done what I can , & should have been glad to have done more , if it had lyen in my power . As for the writing of a History I could never have dreamed that I should have needed to make Apologie for it : neither did I ever hear it accounted prophane , till I had done . Then by chance I lighted on a certain Authour who excuseth himself for so doing , and promiseth to doe so no more . It may be neither shall I. Yet dare I not promise so much : neither see I any reason why I should : for if by profane , they mean that History maketh men profane , and leadeth to profanitie and atheisme ; then certainly we may justly say , that it is nothing lesse . For in it we see and behold , as in a Glasse , Gods Providence guiding and ruling the World , and mens actions , which arrive often to unexpected events , and sometimes even to such ends as are quite contrary to the Actors intentions . In History also we see men , and our selves in them , our vertues or vices , which is the second point of wisdom : this leads us also to God. But if ( by profane ) they mean whatsoever is not Scripture , and would have men to read and write nothing but what belongs unto it ; then must we condemne all humane learning & knowledge , all Arts and Sciences , which are the blessings of God , and in which Moses and Paul were trained up , and well seen . It is true , there is no knowledge comparable to that of holy Scripture , and we cannot be too conversant about it ; yet there is no kind of knowledge but is usefull , & may and ought to be esteemed and embraced Our last end should ever be to God and Christ : but to speak alwayes of him directly , is neither required nor possible . As he is the end , so the way to this end is by speaking of him , or of things which may lead us to him : yet is it not necessary at all times to speak of such things professedly as lead us that way . He is our end in himself , and for himself , and happy were we if in him we could terminate all our desires . Vertue leads to him , and is to be embraced as such : but to obtrude it at first for that consideration , and on that respect , it may be doubted whether or not that be alwayes the right Method and best way of proceeding . The other may happen to prove more available with some , which is , to learne first to be enamoured & to love honour ; then vertue for honour ; then vertue for it self ; then to account nothing vertue without God , who not being to be found but in Christ , must needs be sought for above all things . Now History is , as it were , the A B C. of this Method , and the beautifull Picture ; by looking on which , our desire of honour is kindled , and so of vertue , which onely brings true honour with it . Neither is it needfull to proclaim this intention to the world : yea , I know not whether to say thus much be not even too much . It is enough to set the object before them , and to furnish them matter for their thoughts to work upon : as for the measure of praise wee give them , if after thou hast read and weighed , thou shalt think it too much , all that I can say , is , that I think it but their due , and speak as I think , & according to the scantling of my own judgment . Touching partiality , I deny it hot , but am content to acknowledge my interest . Neither do I think that ever any man did set pen to paper without some particular relation of Kindred , Countrey , or such like . The Romanes in writing the Romane , the Grecians in writing their Greek Histories ; friends writing to , of , or for friends , may be thought partiall as Countrey-men and friends . The vertuous may be deemed to be partiall toward the vertuous , and the godly toward the godly and religious : All Writers have some such respect , which is a kinde of partiality . I do not refuse to be thought to have some , or all of these respects , and I hope none wil think I do amisse in having them . Pleasing of men , I am so farre from shunning of it , that it is my chief end and scope : But let it please them to be pleased with vertue , otherwise they shal find nothing here to please them . If thou findest any thing here besides , blame me boldly . And why should any be displeased that wil be pleased with it ? would to God I could so please the world , I should never displease any . But if either of these ( partiality or desire to please ) carry me besides the truth ; then shall I confesse my self guilty , and esteem these as great faults , as it is faultie and blame-worthy to forsake the truth . But otherwise so the truth be stuck unto , there is no hurt in partiality and labouring to please . And as for truth , clip not , nor champ not my words ( as some have done elsewhere ) and I beleeve the worst affected will not charge mee with lying . I have ever sought the truth in all things carefully , and even here also , and that painfully in every point : where I find it assured , I have set it down confidently ; where I thought there was some reason to doubt , I tell my Authour : So that if I deceive , it is my self I deceive , and not thee ; for I hide nothing from thee , that I my self know , and as I know it ; leaving place to thee , if thou knowest more or better . Which if thou doest , impart and communicate it ; for so thou shouldest do , and so is truth brought to light , which else would lye hid and buried . My paines and travel in it have been greater then every one would think , in correcting my errours ; thine will not bee so much . And both of us may furnish matter for a third man to finde out the truth more exactly , than either of us hath yet done . Help therefore , but carp not . Concerning the manner & form , this is partly the cause why I have used this , which I do here follow , that all things being laid open , & exposed to thy view , thou mayest have to choose on , or to finde somewhat of thine own ; & where I could not resolve a doubt , thou mayest see it , and have some mean ( perhaps ) to solve it better . I have also in many places interposed my judgement of mens actions : I think it the life of History , & without which it were little better , than an old wifes tale . It is true , it were not so needfull . if all men were alike judicious : but seeing they are not so , it is absolutely necessary ; that so those who read carelesly and sleepingly may bee awaked ; who minde onely pleasure , may have profit thrust upon them ; that the dull may be quickned , and the judicious have his judgement sharpened , and a finer edge put upon it , by this whet-stone . I know there are that think otherwise , and that all should be left to the collection and discretion of the Reader : But this is my opinion , and I know no Writer of note , or account , but interposeth his censure of things . What name you give this piece , I am very indifferent ; Call it History , Chronicle , Comentarie , Annals , Journal lives , or ( if you please ) discourses or exercitations , it matters not much . Let who will , for me , define , divide , and dispute of the nature , of the bounds and Marches of Airts , and writings , and of their Lawes , this kinde is my lot or choice at this time . For the same cause or reason ( that men may not take any thing upon meer trust , I sift the judgment of others , and am content that thou like wise canvase mine . I do it without partiality , or respecting any mans person : though otherwise , and in other things I reverence them never so much , yet I cannot but respect reason more : where they bring not that strong enough to satisfie , I do not conceale of dissemble it , I do not refuse the same measure from others : if thou doest not like my reason , reject it , but let reason be thy rule , for it is mine according to my capacity . For the Language it is my Mother-tongue , that is , Scottish : and why not , to Scottish-men ? Why should I contemne it ? I never thought the difference so great , as that by seeking to speak English , I would hazard the imputation of affectation . Every tongue hath the own vertue and grace . Some are more substantiall , others more ornate and succinct . They have also their own defects and faultinesse , some are harsh , some are effeminate , some are rude , some affectate and swelling . The Romanes spake from their heart , The Grecians with their lips only , and their ordinary speech was complements ; especially the Asiatick Greeks did use a loose and blown kinde of phrase . And who is there that keeps that golden mean ? For my own part , I like our own , & he that writes well in it , writes well enough to me . Yet I have yeelded somewhat to the tytannie of custome , and the times , not seeking curiously for words , but taking them as they came to hand . I acknowledge also my fault ( if it be a fault ) that I ever accounted it a mean study , and of no great commendation to learn to write , or to speak English , and have loved better to bestow my pains and time on forreigne Languages , esteeming it but a Dialect of our own , and that ( perhaps ) more corrupt . I say the same of the Stile : I follow no rules , but according to my disposition for the time , so it is high or low , long or short , sweet or sharp , as was my humour for that houre , As in Poesie , so in Prose ; who can choose ? Or how many are there that care for these things , or can discern ? The Age is too secure for Writers to be too curious . And thus much shall suffice to have spoken of these things , and to satisfie ( I hope ) the candide Reader . As for those who delight to carp , we say no more to them , but onely this , That as they take a libertie to themselves to judge others , so there will bee found some that will pay them home in their own coyne . Farewell . A CATALOGUE OF THE Lives contained in this History . PART . I. Of the House of DOUGLAS . 1. SHolto fol. 1. 2. William , father of the Scoti in Italy . 5. 3. William the first Lord , created at the Parliament of Forfair . 10. 4. John the second Lord. 11. 5. William the third Lord. 12. 6. Archbald the fourth Lord. ibid. 7. William , maker of the Indenture with the Lord Abernethie . ibid. 8. Hugh , whom his foes found never sleeping . 15. 9. William the Hardie . 16. 10. Good Sir James , slain in Spain . 20. 11. Archbald Lord Galloway , slain at Halidoun . 53. 12. Hugh the ninth Lord. ibid. 13. William Lord Liddisdale , the flower of Chivalry . 62. 14. William the first Earle . 79. 15. James , slain at Otterburne . 92. 16. William Lord Nithsdale . 108. 17. Grimme Archbald . 111. 18. Archbald Tine-man . 114. 19. Archbald Earle of Wigton . 133. 20. William , slain in Edinburgh Castle . 144. 21. Grosse James . 157. 22. William , slain in Stirlin . 161. 23. James put into Lindores . 194. PART . II. Of the House of ANGUS . OF the House of Angus before it came to the name of Douglas . 205. 1. William Earle of Douglas , and Angus . 207. 2. George his son . 208. 3. William . 209. 4. James . 210. 5. George the second . ibid. 6. Archbald , called Bell the Cat. 219. Of George Master of Angus , and son to Archbald the first . 237. 7. Archbald that married the Queen . 238. 8. David . 277. 9. James , Earle Morton , Regent . 278. 10. Archbald the third , called good Earle Archbald . ibid. THE PREFACE . Of the DOUGLASSES in generall : that is , Of their 1 Antiquitie , ( to which is joyned their Originall ) 2 Nobility and descent , 3 Greatnesse , 4 and Valour of the Familie and Name of DOUGLAS . I Think it will not be amisse to place here before the doore ( as it were ) and entrie into this discourse and Treatise ( like a Signe or Ivie-bush before an Inne ) an old verse , which is common in mens mouths . So many , so good , as of the Douglasses have been , Of one sirname were ne're in Scotland seen . This saying being ancient , and generally received , will serve to invite the curious and candid Reader , and like a charme will fright away malignant spirits , and detractors , who labour to lessen and extenuate what they cannot deny . Neither is this a publick fame only roavingly scattered , and soone vanishing , but such as hath continued from age to age , and which is authorized and confirmed by all Writers , and which is most of all true in it selfe , ( as shall appeare by this discourse ) and nothing immodest or immoderate . For if we consider these two together joyntly ( so many and so good ) that is , their number and their worth , we shall sinde none that can match them in both these put together . There may be found of other names some as good , but not so many . And again , though there be as many , yet are they not so good . This truth I have not heard impugned , but it hath hitherto been imbraced without all contradiction ( even of calumnie it selfe ) I know not if without envie . But let that monster eat her own heart , and teare her owne bowels : and that she may do so yet more , we will give her further occasion to doe it , by enlarging this comparative thus ; So many , so good , &c , of subjects race were never in Europe seen : And yet farther , In the world were never seen . This is not any rhetoricall amplification , or poeticall hyperbole , but a positive and measured truth . If any , after he hath read and pondered their actions , and paralleld them with those whose names any Historie hath transmitted to the knowledge of posterity : If any man ( I say ) shall find after due search and straight judgement , either in this our countrey , or in this our Isle of Brittain , or in this fourth part of the world , Europe ; or throughout the whole Universe , such valour to have continued in any one house or name ( that were Subjects , and not Kings , or Princes ) and to have been so hereditary to all of them ; and as if it had been intailed , descending by succession from father to son , and from brother to brother , ( the successour still striving to out go his predecessour ) in that height of excellency , and for so many generations : Then let this saying be suspected as partiall , or branded with an untruth . Otherwayes be contented to bear witnesse to the truth , or at least give others leave to do it , and receive thou it as such , without murmuring , or impatiencie . Now as they have surpassed all other names , so if we compare them amongst themselves , it will prove a hard and difficult judgement to determine who deserves the prize and hath been most excellent . There ●…ath been twenty persons and mo●… , who have possest the chief houses , and principall families of Douglas and Angus from William ( to go no higher ) who died in Berwick a prisoner , besides those worthy branches ( the Lord of Niddisdaill , Liddisdaill , Galloway , Ormond murray , Balvain , Dalkeith , &c. There is none almost , whose life and the times afforded occasion of action , but hath made himself singularly conspicuous by some notable exploit or other , as is to be seen in their severall lives . For the present we will onely take a generall view of them in grosse , according to these heads : 1. Antiquity ( which includes their originall ) 2. Nobilitie . 3. Greatnesse . 4. Valour . And first , we will consider them without any comparison in themselves simply , and absolutely , then we will compare them with others both within , and without the Countrey ; and so I hope the truth of our assertion shall appear clear and evident unto the eyes of all those , that will not obstinately shut their eyes against so bright shining a light . To begin then with their Antiquity and Originall , so far as we can learn and find either in History , or Monument , by evident or tradition , which we will set down here in order of time , as we have gathered and collected them . 1. And first , we have that tradition which is most ancient of all others in the dayes of Solvathius King of Scotland in the year 767. when Donald Bane usurped the title of King , and had in a battell almost defeated the Kings army , a certain Nobleman ( called afterward Sholto Douglas ) came in to their succour , and overthrew the said Donald , whom he slew in the field and scattered his army , as is set down at length in his life . 2. The second witnesse of their Antiquity and Originall is brought from beyond sea , out of Italy , in the family of the Scoti of Plaisance which is proved to have sprung from the Douglases at large in the life of William the fourth man of that name . The time is in the dayes of Charlemaign in the year 779. or ( as our Writers ) 800. or 801. In the reign of Achaius King of Scotland . 3. Our third witnesse is a publike Monument out of a Monastery ( which were the Registers of those times ) the Monastery of Icolmekill , which tell that Malcolme Kenmore at the Parliament of Forfair in the yeare 1057. or 1061. ( did not advance to that dignity , for they had the equivalent of it before ) but adorned with the new stile of Lord , is some of the name of Douglas , which stile was then first brought into this Countrey by imitation of other Nations . 4. Our fourth witnesse is in the year 1133. The foundation of the Abbey of Lesmie Hagoe confirmed by King David , wherein it is expresly bounded by the Barronie of Douglasdaile . Now seeing this is but a confirmation , the dotation must have gone before in some other Kings dayes . 5. The fifth witnesse is in the dayes of King William ( Nephew to this David ) who began his reigne in the yeare 1163. He erected the towne of Aire into a free brough Royall , and amongst the witnesses of their Charter are Alexander and William Douglasses . 6. The sixth is a mortmain , and dotation granted to the Bishop of Murray , where the same names are inserted ( William and Alexander Douglasses ) for witnesses . It is not certain whether these be the same that were witnesses in the former Charter of Aire , but it is likeliest they were the same . In what yeare of King Williams reigne this was we have not yet learned , but he reigned till the year 1214. 7. The seaventh is , the Indenture made between William Lord Douglas , and Hugh Lord Abernethie in the dayes of King Alexander the third , 1259. Some fourty five years after this last King William , the particulars of this Indenture are set down in the life of the said William , who is the ninth man of the name of Douglas . 8. Eighthly , we have also ( though much later ) in the dayes of King Robert Bruce , and good Sir James Douglas , mention made of two Douglasses , ( besides Sir James ) one James Douglas of Lowden , and Andrew Douglas in the publike rolls ( three rolls marked , 1. 16. ) King Robert gives to James of Lowdon a confirmation of the lands of Calderclecre , and Kinnaule , and Carnewath : To Andrew Douglas he gives Corsewell , which was fallen into his hands by the forfeiture of the Earle of Winton , or Wigton . Now what these two were , and whether or not they were in kinne to the Lords of Douglas we know not . Onely I have heard it reported that the lands of Lowden were gotten from the Lords of Douglas ; and Calder-cleere is known to have been given off from their estate . Now howbeit these two be not very ancient , yet it may be gathered that the name of Douglas was ancient , even then being propagated into so many branches , which could not have been done of a sudden , but in processe of time : These things do confute those Authours who reckon the Originall of the Douglasses from good Sir James , or at the most from his father William : Because our Writers , Major , Boetius , and Buchanan , name none before them . But they intending , and minding more the generall History of the Countrey , then the descent , or beginning of particular houses , may perhaps be excused herein ; yet it doth not follow , that there were none before , because they have past them in silence . And so much shall suffice to have spoken of their Antiquity , and Originall as far as we know . I say expresly as far as we know ; for certainly we do not yet know them fully ; We do not know them in the fountain , but in the stream ; not in the root , but in the stock and stemme ; for we know not who was the first mean man , that did by his vertue raise himselfe above the vulgar to such eminent place and state , as our Sholto behoved to have been of , before he wan the battell , and got the name of Douglas , which hath drowned his former name : for none but some great man of great friendship and dependance could have been able to have overcome this Donald Bane , ( Being already victor ) and changed the fortune of the day : And William indeed was created a Lord ai Forfair , but we hear not that he was raised from a mean estate , or inriched by the Kings liberality ; wherefore we may justly think , he had the same place in effect before , but under some other name , as of Thane , Abthane , or some such title . The next point we propound to speak of is their Nobility . There is great contest among men , who should be most Noble ; but where will true Nobility be found so entire ? In what subjects race is it so full and perfect , according to all the acceptions , and significations thereof ? They define it to be a lifting or raising up above the vulgar : and what name , I pray , hath been so elevated , and hath so transcended all other , as this of the Douglasses ? They adde this condition , that it be for true worth ; and hath there been any so worthy ? Those that will distinguish it into severall kinds , make five sorts of it ; 1 Nobility of vertue ; 2 of degrees ; 3 of Offices and Employment ; 4 of Birth and discent ; 5 Lastly of Fame and renown . 1. Of all these the first is the ground , without which the rest are never well built , and are but shadowes without the substance : virtus nobilitat vertue doth ennoble , is a saying , which is no lesse true then ancient ; for it makes him in whom it doth reside , truely noble by its own power beyond all exception . It hath not the dependance on Kings or Princes to give or take it away : It is ever the self , whether exalted , or not exalted ; regarded , or neglected ; respected , or disrespected . Nay , it doth ever carry along with it such respect and regard , as no basenesse of place , of birth , of means or imployment , can stain or lessen ; making lownesse it self to overtop whatsoever is highest in the eyes of the world . It addes honour to whatsoever place , majestie to whatsoever estate , sufficiencie to whatsoever means , splendour to whatsoever obscurity : which no contempt of tongues , no detracting speeches , no dis-esteem of presuming pride , is able to impair or darken . Where honour and vertue do meet , there honour is an externall addition and confirmation of the inward testimony in the mind of the vertuous : but where vertue is wanting , outward honours are but false ensignes , lying inscriptions of empty boxes . That this name was vertuously noble , and noblie vertuous , the deduction of their lives will sufficiently show . 2. As for the second , Nobility of Degrees , of Dignities and Titles given by Kings and Princes ; such as are these of Knights , Barons , Lords , Earles , Dukes , &c. all these they had conferred upon them both at home and in forraign Countries . This kind of Nobility is in account amongst men ; because although oftentimes it proceeds meerely from the Princes favour upon small or no desert , yet it is supposed to be grounded upon vertue , or that it should alwayes be grounded thereon : Now in the Douglasses it was ever so , for they were never greater then they deserved : and whatever titles of honour they had , were rather thrust upon them , then ambitiously sought and hunted after : Nay , we reade of grimme Archibald , that he rejected and refused the title of Duke . 3. The third sort is very like and near unto this , if it be not a part of it consisting in publike offices and imployment either in peace or war , such as to be Wardens of the Marches , Lievetenants , Governours , Leaders , and Conductors of armies : This was almost proper , and ( in a manner ) hereditary to the house , in which places also they so behaved themselves , that for their good services done to the King , and Countrey , their Family and Posterity do enjoy ( at this houre ) many priviledges and immunities granted to them in their Charters , such as 1. Regalities , ( and exemptions thereby . ) 2. The first place and vote in Parliament , Counsell , or meeting , and convention of the States . 3. The leading of the vantguard in the day of battell : 4. And the bearing of the Crown at riding in Parliament . 4. The fourth is Nobilitie of bloud , and Descent . This some doe place only in the descent of the right line masculine without interruption , and esteem him most Noble , whose extraction proceedeth from most of this kinde . Others againe will have it to be on both sides ; and certainly it seemes to stand with reason that both should be regarded , seeing every ground is not fit for Noble seed , and every slock will not serve to ingraffe a generous imp . However , we shall finde the Douglasses Noble also in this way , in their descent on both sides , in their affinitie and alliance , being come of Kings , and Kings of them : and first of all King Robert Bruce and William the Hardie ( or Long legge ) were of kin by the house of Carrick . For Martha Countesse of Carrick and this William were Cousin Germans , his mother having beene sister to her father the Earle of Carrick that died in Syria . Now Martha was mother to King Robert , and hereby King Robert and Good Sir James were Cousin Germans once removed . But this was ere Bruce was King , while he was yet but a private man. 2. Secondly therefore , Robert Stuart ( the first of the Stuarts that was King , and who was grandchilde to Robert Bruce ) gave his eldest daughter in marriage to Earle James , slain at Otterburne . 3. The same King Robert gave another of his daughters to William Lord of Nithisdale . 4. The Duke of Rothsay , Prince of Scotland ( son to King Robert the third ) married Marjorie daughter to Archbald the Grim. 5. Archbald ( the third of that name , and first Duke of Turaine ) had to wife Margaret Stuart daughter to the same King Robert ( the third ) as the black booke of Scoone expresly witnesseth , which calls him , Gener Regis , the Kings son-in-law . Ballandine ( the Translatour of Boetius ) calls him the Kings Meugh , or Allie , and king James the second claimeth Stuarton from James the last Earle of Douglas in the conditions of peace sent to him . Now Stuarton is knowne to have been the proper inheritance of Iohn Stuart , and after him of Walter , then of Robert ( the first king of the Stuarts ) and so of Robert the third , which ( in all likelihood ) he hath given with his daughter ( as her dowrie ) to this Archbald . 6. Also Iohn Earle of Buchan ( the kings brothers son ) married a daughter of this Archbald , whom he hath had apparently by some other wife . 7. Then Alexander , son to the Earle of Buchan , married Isabel Douglas Countesse of Marre , daughter to William the first Earle of Douglas . 8. William the first Earle married Margaret Stuart daughter to Thomas Earle of Angus , who was uncle to king Robert the second , and first king of the Stuarts . 9. George Douglas , son to the same William who was the first Earle of Angus of the name of Douglas , married Mary Stuart , daughter to king Robert the third , and sister to king Iames the first . 10. Iames Douglas Lord of Dalkeith married a daughter of king Iames the second . 11. Archbald brother to William the eighth Earle of Douglas married the inheritrix of Murray , who was Niece to king Robert the second , and so became Earle of Murray . 12. Archbald Earle of Angus , the second of that name , married Margaret Queen of Scotland , relict of king Iames the fourth , and eldest daughter to king Henry the seventh , sister to king Henry the eighth of England , and mother to king Iames the fifth of Scotland : by her he had Ladie Margaret Douglas . 13. Ladie Margaret Douglas , his daughter , was married to Matthew Stuart Earle of Lennox , who was also of the bloud Royall . 14. Henry Stuart Lord Darnely ( son to Lennox and Lady Margaret ) married Mary Queene of Scotland , onely daughter and heire to king Iames the fisth : She bare to him Iames the sixth of Scotland , and now happily the first king of Great Brittaine , France , and Ireland . And so much for Nobility in bloud and alliance . 5. The fift and last kinde of Nobilitie is that of same and renowne . Those that take upon them to derive and deduce the Pedegree and Etymologie of words , doe thinke that this signification is most proper , as being chiefly implyed in the word Nobilis , quasi Notabilis ; so that those are said to be most Noble , who are least obscure , who are most eminent and conspicuous in the eyes of the world , and most praised and blazed by Fame in their own and forraign Countries . This kinde of Nobilitie hath ever accompanied their vertue , as a shadow followes the bodie , and that both at home and abroad . And so we have done with their Nobility , which is the second point we propounded to be treated of . The third maine head to be considered , is their Greatnesse , concerning which in generall our Chronicles doe witnesse , that those of the name of Douglas , together with their Friends , Vassals , and Dependers , were able to make an Armie of thirty thousand , or fourty thousand men . This also doth argue their greatnesse , that it was thought an honour and credit to have dependance on them . Histories doe testifie that the Hamiltouns and Flemmings thought it no disparagement to follow them . Humes were their Pensioners and Vassals , even the chiefe houses of them . This is verified by a bond of a thousand nobles ( a great summe in those dayes ) made by Archbald Earle of Wigtoun , and Long Willie ( who was after his fathers death Earle of Douglas ) to Alexander Hume of Hume , dated at Bothwell 1423. The same Earle also ( for his father was Duke of Turaine ) gave the lands of Wedderburne to David Hume brother to the said Alexander ( propter multiplicia sua servitia ) for his many good services . This Charter of Wedderburne is anterior to the gift of Alexanders pension some eight or nine yeares , being dated in the yeare 1414. The Lawders of Basse , and Loganes of Rastarigge , were their Messengers into France , and other parts . Gray , Salton , Seaton , Oliphant , were their followers also . Neither could any man of ordinary pitch of power , have brought such aid to a forraign Prince , as this same Earle of Wigtoun transported over into France , ( five thousand , or as some say ten thousand ) which he levied and carried over at his owne proper cost , all brave and choice gentlemen . If for this he were rewarded with the Dutchie of Turaine , it was but the just recompence of his service , and no more then he deserved , and would but countervaile his charges . Wherefore I wonder with what indifferent judgement Du Serres ( Author of the French Inventarie ) doth grudge at it , and can call it mercenarie . Certainly the kings of France have thought it their due , or else they would not have continued it so long for five or six generations , that is , untill the Earles of Douglas were forfeited . Few subjects of forraigne Princes have beene so much respected , and so rewarded . It is also an evidence of their power and greatnesse , that Henry the sixth of England did contract and covenant with George the second ( Earle of Angus ) for his aid and assistance against Edward the fourth , and made an Indenture , wherein he promises to give him lands erected into a Dutchie , lying betwixt Humber and Trent . Edward the fourth made James the last Earle of Douglas Knight of the Garter , even when he was banished , so much did he honour and respect his name and vertue . So Henry the second of France made Archbald the second ( Earle of Angus ) one of the Order of Saint Michael , or the Cockle . Their magnificence and stately entertainment , and courage at home and abroad , doth likewise show their greatnesse . William the fourth of that name , and sixth Earle , being but a very young man , not above fourteen or fifteen yeares of age , bad for his ordinary train a thousand horse ; he dubbed Knights , had his Counsellours and Officers of State , like a Prince : and William the fifth was admired for his train and magnificence , as he passed through Flanders , France , and Italy , in his journey to Rome . Our Writers indeed blame him for it , and call it pride , ambition and ostentation in him : but however that be , It was an evident proofe of Greatnesse . The last and main point that we are to treat of is , their valour . Let their deeds and actions speak for this property . But to take a generall view of it : The common Epethite in the mouths of the common people hath appropriate unto them this vertue : who never speak of them , but with the addition of doughty , the doughty Douglas . And from hence indeed chiefly their greatnesse and honours did spring ; and we shall find none of them but were both skilfull commanders , and stout souldiers , being no lesse endowed with personall valour , then discretion and judgement to direct , and conduct . That brave matchlesse Romane ( Scipio Africanus ) when he was taxed for not hazarding his person , and fighting with his own hand , thought it enough to answer ( Imperatorem mater me peperit , non bellatorem ) My mother bare me a Commander , not a fighter : but our Douglases were both maximi Imperatores , nec minus strenui bellatores , wise Commandars , and hardy fighters and warriers ; they had both good heads , and good hearts and hands . In the beginning ere Rome came to its greatnesse , it is said of the first Captains ( Decorum erat tum ipsis ducibus capescere pugnam ) That it was no disparagement , but honourable for the Leaders themselves to fight with their own hand ; None were more ready and forward to fight then the Douglasses , onely Wallace is thought to have gone beyond any of them . But he is but one , and that singular and extraordinary , without any second , at least of his own name ; and our comparison stands between name and name , where the number is as well to be remembred as the worth . So many so valorous of one surname , is that which we have undertaken to prove . Besides , none of the Douglasses did ever encounter with Wallace to try who was the better man , and if we parrallell their actions done apart , what act of Wallace can be produced more admirable , then that of Archbald Tineman at the battell of Shrewsburie , where with his own hand he slew Blunt the King of Englands Standard-bearer , and three more , who were apparelled like Kings , and at last unhorst the King himself , whom he had also slain , if he had not been rescued by his sonne Henry the fifth . In an English manuscript I have seen it thus expressed , And there with fiery courage he assails Three all as Kings adornd in royall wayes , And each successive after other quails , Still wondering whence so many Kings did rise : Till doubting , lest his hands or eye sight fails , With these confounded , on the fourth he flies , And him unhorses too , whom had he sped , He then all Kings in him had vanquished . For Henry had divided as it were The person of himself into foure parts , To be lesse known , and yet known every where &c. It is written also of William Lord of Niddisdail , that he was exceeding both stout and strong , beyond any that lived in his dayes , so that whomsoever he strook but once with mace , sword , or speare , he needed never to double his stroke , eveblow carried death with it . Also James ( slaine at Otterburne ) his personall valour and strength is very highly extolled by the writers of these times , who besides that he had the better of Percie in their duell at Newcastle , he himselfe was the chiefe cause of the victorie that got the honour of the day at Otterburn ( where he lost himselfe , but wan the field ) by his own personall valour . They tell how he fought with a huge iron mace , that was heavier then any ordinary man of those dayes could weild , and more then two or three of such as now live . Qualia nunc hominum producit corpora tellus . We might adde unto these Archbald Bell the Cat ( Earle of Angus ) who in a duell with Spence cut off his thigh ( through bone and all ) at a blow , and divers others , as Archbald of Kilspindie , whom King James the fifth called alwayes his gray steel , for his valour and ability of body ; but these shall suffice here for a taste of their valour . But we will not content our selves with a generall and absolute commendation , we will also descend to the comparative , which we desire may be as farre from envie , as we hope it shall be found neere to truth . To begin then first at home , there is no subjects race in this Countrey that can match them in these of which we have spoken , Antiquity , Nobility , Greatnesse , and Valour or worth : in these ( I say ) joyntly : that is , there is none so Ancient , and withall so Noble , Great , and Valorous . No name is or ever was in this Countrey of which there can be reckoned so many and so worthy , for so stands our comparison . The Grahames are very Ancient , ( in the dayes of Ferguse the second , anno 424. ) and very Noble , but have never attained to that degree of Greatnesse as the Douglasses have done . The Hayes also are a very old and honourable name ( in the reigne of Kenneth the third , anno 976. ) but not so ancient as our Douglasses by two hundred yeares , for they began in the reigne of Solvathius anno 767. These two ( Hayes and Douglasses ) doe agree in this , that they are ( as the Grahames also are ) naturall Scots borne ; but there is great odds betweene them other wayes : For the Hayes have not reached to that pitch of greatnesse either in degree or estimation , and account of men by many stages , as the Douglasses have attained . Other names which now are great , are nothing so ancient , and besides are come from other Countreyes , such as Hammiltouns , Gordons , Campbels : The Campbels from France , and the other two out of England . The Hammiltouns came in King Robert Bruces time , the Gordons in Mackolme Kenmores . The Murrayes are more ancient , and before all these , yet they are strangers , and not of the first bloud of the Scots , and there was but one of them great and remarkable , who was Governour of Scotland ; few or none Nobilitated till of late : but none of all those names comes neere that number of Nobles and Worthies ( by lineall or laterall descent ) and as it were of hereditarie vertuous succession and race of men , which we finde of the Douglasses . There have beene some great and worthy of other names , but if they enter into comparison , they will be found ( rari nantes in gurgite vasto ) but few , one or two eminent of a name , or of the chiefe house : it will also appeare that their honours ( most of them ) have flowed more from their Princes favour , then their owne great deserving , or great service against the enemie . The Cummins were the most numbrous and powerfull of any that ever were in Scotland before or since ( as some of our Writers say ) yet their greatnesse hath rather beene in lands and possessions , or friends , then in deeds of armes , and prowesse of Chivalrie , having done little or nothing of note , and worthy of renowne . John Cummin indeed fought three battels at Roseline in one day against the English , in which we finde nothing reported of his personall valour : whereas the Douglasses did ever shew themselves in person to be singularly valorous . Besides , he was but one man , the rest are buried in silence , and there is nothing to be found of them all ( though all their actions were put together ) that deserves to be compared with the deeds of any one man amongst many of the Douglasses . Moreover , as there was no great action in them , they were scarce good Patriots , using their power to the disadvantage of their Countrey , and the opposing of the Liberties thereof , in King Robert Bruces dayes , rather then for the good and standing of the Kingdome , which the Douglasses did ever . We finde also that they were not very carefull to keepe their promises , and thought the breach of their words and faith ( so it were for their advantage ) a point of good wisedome and policy , a foule and base quality , and , which is ever incident to meane and base spirits , being directly opposite to true generositie and magnanimity , which is the fountaine and well-spring of upright dealing and truth in word and action , which were ever found in our noble Douglasses . For other Countreys , to begin with our nearest neighbours of England , the most renowned name for deeds of armes amongst them , is that of the Percies of Northumberland , between whom and the Douglasses there hath ever beene a noble and generous emulation with various successe , but for the most part to the Douglasses advantage ; so that we may say ( Contendisse Decorum ) of the Percies . But they come farre short of that number of worthies , that we have in ours . Besides the Percies have not been so loyall Subjects , having often taken armes against their lawfull Princes , and being guilty of divers rebellions , plots , conspiracies , according to which Sir Josseline Percie said merrily of the powder treason , that it had not been a right treason , unlesse a Percie had had a hand in it . But to go higher , even to the Mistresse and Empresse of the world , Rome it self : the Fabii and Cornelii were the most numerous families , and out of these two houses proceeded more Commanders , and brave Captains , then out of any that I have read , or can remember of amongst them . Now the first mention that we have of them is where they are both named , in the yeare 267. from the building of Rome , twenty years after the banishing of their King Tarquinius ; at which time Quintus Fabius , and Servius Cornelius , were Consuls together : from that time till Quintus Fabius Consul in theyeare 740. for the space of 437. years , we finde of the Fabii about some 24. persons that were Consuls , Tribunes , Decemviri , Dictatours , Generalls , and Leaders of Armies ; but for their valour or prowesse , personall courage , or proper worth , the three first are onely famous , Q. Fabius , M. Fabius and Caeso Fabius . These three being brothers , and Marcus Fabius being Consul , fought against the Hetrusci ( in the year 269. ) and Q. Fabius being slaine , Marcus and Caeso having incouraged the armie ( that was discouraged by the death of their brother Quintus ) leaping over the dead corps of their brother , assaulted the enemy in their owne persons , and by their valour and example staied their men from flying , restored the battle , and at last obtained the victorie : we reade also of one Ambustus Fabius , whose 3. sons were sent in an ambassage to the Gauls to request thē not to trouble the Clusinii ( in the yeare , 364. 63. ) These three when they could not prevail , nor perswade them to desist from invading the Clusinii did joyn with the Clusinii against the Gauls , in which conflict Quintus Fabius ( one of Ambustus three sons ) slew with his own hands in sight of both armies the Captain of the Gauls , and carried away his spoil : But he quickly stained that honour , he and his two brothers , by their misgovernment at the battell of Allia against the same Gauls , where they fled shamefully without striking a stroke , and by their misguiding gave occasion to the sacking of Rome . The last is Fabius the Dictatour , who fought against Hanniball , famous for his conduct , but not so for any personall valour . So the Cornelii from the same 267. untill 734. when P. Scipio was Consul , 736. when Lentulus was reckoning both these Cornelians , with the house of Africane the younger ( a Cornelian by adoption , but an Emiliane borne ) they are about three and thirty persons in these 167. years , who were in great place Consuls , Dictatours and the like , as the Fabii : some of them were also famous for their conduct in warre , having been brave Leaders , and Generalls of armies ( as the two Africanes , their brother Lucius , their father and their uncle Publius , and Cneus ) but for personall valour there are not many eminent , Onely Aulus Cornelius Cossus , who slew Tolumnius King of the Veiens , and Africane the first ( if it were he ) who rescued his father at the battell of are remarked for their personall vallour . Now neither of these two families doth equall the Douglasses ; who in fewer years , viz. from the 1309. untill 1588. about 300. yeares , brought forth 27. persons , all singular for their valour , and some of them far beyond any of these , as may be seen . This advantage these Romanes had , that living in the continent of Italy , and in a Common wealth which did so flourish , and was so great , their actions and deeds were more conspicuous , being acted in a more large and ample theatre , then those of our men , who were pent up in a narrow and obscure corner of an Island ; and had neither the Carthaginians nor Hanniball to fight against , whose overthrow would have given a greater splendour to their actions . And moreover they have had good Heraulds to sound their prayses aloud , and trumpet them abroad in the world , when as ours Omnes occiderunt illacrimabiles , caruere quia vate sacro . And yet even by this which we have been able to collect of them , our proposition will appear to be sufficiently proved ; with which as we began , so will we conclude : So many so good , &c. in the world , were never seen of one name and family . Touching which assertion , I will earnestly intreat this favour of the courteous Reader , that he would be pleased to consider what hath been said in an even ballance and indifferent judgement , setting aside all prejudice and pre-conceived opinion of any worth in any Nation ; and if he do not approve of our conclusion , and assent to it , let him calmely and modestly impart his reasons , and he shall finde me one that shall be most willing and ready to retract what hath been said , and to give place to the truth , if I be not able to satisfie him in reason . For my own part , I protest I speake as I think , and no more then I think ; according to my reading and knowledge of men , and according to the measure of my judgement and understanding , without prejudice of any , who upon more knowledge and out of better judgement , shall find things to be otherwise then I have thought . In the mean time we will set down here , what we have said of them else where , speaking to King James at his return into Scotland out of England , in the yeare , 1617. Atque haec inter tot diademata celsa , corollam Annumer are tuis titulis fas ducis , & unum Privatam ( verum magnis à regibus ortam , Regibus affinem magnis regumque gerentem , Sepe vicem , bellique domique & quod satis unum est , Gignentem Celsum generoso semine regem , Regem , quo tellus majorem non videt , unus Qui terna imperii tractas sceptra alma Britanni ) Duglasiam , Angusiamque domum virtute secundam Haud ulli quas prisca aut Roma , aut Graecia jactat Seu numero heroum , seu robore mentis & armis , Sive side in patriam ; sceptrorum ut millia sceptris Accumulesque tuis , numeresque in stemmate reges Latus quotcunque orbis habet : non ultima laus haec Duglasius etiam duxisse haeroibus ortum . And thou hast thought it not unfit to set Amongst thy many Crowns this Coronet ; A private family , and yet they be Deriv'd from Kings , and often did supply The place of absent Kings in warre and peace , And what may be esteem'd a greater grace , That from their loyns thy Royall self did spring Thy self , then whom earth sees no greater King. You Brittains threefold Scepter justly weeld , Douglas nor Angus will to no house yeeld , Not the most fam'd of Greece , or ancient Rome , For numbers of brave men , nor are o'recome In strength of mind , or armes , or faithfull love To their dear Countrey : should your state improve , And you injoy a thousand Scepters more , And draw your stock from all the numerous store Of Kings the whole world holds , it would not be Thy least praise , that a Douglas lives in thee . THE HISTORY OF THE HOVSE and RACE of DOUGLAS and ANGUS . Of SHOLTO DOUGLAS the first that bare the name of DOUGLAS , and of whom all that beare that name are descended . TOuching the original of this illustrious Family and Name of Douglas , we must not looke for an exact and infallible demonstration ; things of this nature are not capable of it . Great Antiquity is commonly accompanied with much incertainty , and the originalls even of Cities , Countries and Nations , are grounded ( for the most part ) upon no surer foundation , then conjecturall proofs , whose beginnings are more easily known , and better remembred then those of private families . In such cases we use to take that for truth which comes neerest to it amongst diverse narrations ; and must rest on that which is most probable and apparent . Quis rem tam veterem pro certo affirmet ? sayes the Historian in a matter not unlike . And we will say with the same Authour , Cura non deesset , si qua ad verum via inquirentem ferret : nunc famae standum est , ubi certam derogat vetustas fidem . The beginning of our Nation , yea of both Nations ( Scots and English ) such as they now are , or of those that were before ( Picts and Brittans ) is not yet sufficiently cleared : neither is it as yet fully known from what people they are sprung , or how they got their name of Scots , English , Picts & Britans ; although the learned have bestowed their pains , andimploied their pens on this subject , to the wearying , but not satisfying of the Reader . As for Scotland , M r Cambden grants so much , and mocks those that have laboured in it : yet hath he himself bestowed his time and pains to as small purpose in behalf of his countrey-men the Brittans : Neither hath he done any thing , save that by his fruitles attempt ( notwithstanding all his bragging ) he hath made it appear , that to go about it is but to labour in vain ; he himself ( after all his travell ) remaining no lesse Sceptick , ( and to use his own words ) Scotizing , then others . And even Rome it self ( the mistresse of the world ) though the noon-tide of her Empire be clear and bright , like the Sunne in her strength , yet how misty is the morning and dawning thereof . Darknesse triumphs over the reigns and triumphs of her first kings ; which are covered over with such uncertain obscuritie , or rather drowned in so profound and deep night of darknesse , that all her children ( though they have beaten their brains , and spent much lamp-oyl in searching of it ) could never clear their mothers nativity , or vindicate their father Romulus birth from the fable of the incestuous vestall , nor his nursing from being beholding to a she Wolf. Detur haec venia Antiquitati , ut miscendo humana divinis primordia urbium augustiora faciat . If he had said , that Writers must have leave to be obscure or uncertain in setting down the originall of Cities , it could not well have been denied him ; but for men to invent , and to thrust their intentions upon others to be beleeved , because they know not what else to say Detur haec venia nobis , to beleeve no more then is probable . Neither will that serve his turn , Jam hoc gentes humanae patiantur aequo animo , ut imperium patiuntur . They may command our bodies , who cannot command our soules , or our belief ; and now we have shaken off the yoake of the one , and so we do reject the other . There is no lesse uncertainty in Plutarches Theseus and Numa . Wherefore we must be contented in the originall of a private family with what others are forced to content themselves in the beginnings of Cities , Nations , Kingdomes , and Empires ; which are like to some rivers , whose streams and outlets are known , but their springs cannot be found out , as they report of Nilus . Yet this our Narration doth better deserve credit , then those of Romulus , Numa , Theseus , &c. seeing it contains nothing that is impossible , nothing that is fabulous or incredible : for here are neither gods for their fathers , nor ravening beasts their nurses . And albeit that the Chronicle of our Countrie now extant makes no mention of their beginning , yet what we find there doth rather confirm then confute our deduction thereof . And indeed it is no wonder that they are silent in this point ; If we consider how Edward the first of England ( surnamed Longshanks ) whom his countrey men terme ( Scotorum malleus ) the hammer of the Scots , because that he deceiving the trust , and abusing the power of Arbitratour which was given him to decide the right to the Crown of Scotland between Bruce & Balioll , did so handle the matter , that setting the together by the ears , after they had well beaten and battered each other , he himself fell upon them both , and so hammered and bruised them , that he did thereby over-run all the low and plain champion Countrey . If we then consider , I say , how he had to make the Scots malleable and pliable to his unlimited ambition , after he had thus cut off the flowre of the Scottish Nobility , destroyed also all the lawes of the realm , both civil and ecclesiasticall , burnt the publike Registers , together with private Monuments , Evidents , Charters , and Rights of lands ; we shall have greater cause to wonder : that any thing escaped so powerfull a King , intending the full conquest of the Countrey ; and who had so jealous an eye over any thing that might encourage his new vassals to rebells , then that we have no more left us . Nay although he had not done this of set purpose , and with intention to root out all memorialls of Nobility out of the minds of the Scots , and to embase their spirits , by concealing from them their descent and qualities ; yet even the common chance and accidents of war were enough to excuse this defect : for the Lord Douglas lands lying in the south parts of Scotland , hard upon the borders of England , this calamity did chiefly afflict him , so that his houses were burnt , his castles razed , himself taken prisoner , and so all monuments of his originall lost or destroyed . Let us remember also , besides all this , the quality and condition of those times , in which there was great scarsity of Writers , and learned men able to preserve the memory of things by their pens , all being set on war , unlesse it were some few cloystred Monks and Friers , who were both carelesse and illiterate droans . Notwithstanding all this , as no destruction is so generall , and so far spread , but something doth escape the fury of it ; and though all monuments had been defaced , yet some men being preserved , what was written in their minds and memories remaining unblotted out , they remembred what they had heard from their predecessours , and delivered it to posterity from age to age . By which means we have ( as it were ) some boords or planks preserved out of this shipwrack , which may perhaps keep us from being lost in this deepth of Antiquity , if it do not bring us safe to land . According then to the constant and generall tradition of men , thus was their originall . During the reigne of Solvathius King of Scotland , one Donald Bane ( that is , Donald the white , or fair ) having possest himself of all the western Ilands ( called Ebudes , or Hebrides ) and intitling himself King thereof , aspired to set the crown of Scotland also upon his head . For effectuating whereof , he gathered a great army ; wherein he confided so much , that he set foot on the nearest continent of Scotland , to wit , the province of Kintyre and Lorne . The Kings Lievetenants Duchal and Culen , governours of Athole and Argyle make head against him with such forces as they could assemble on the sudden . Donald trusting to the number of his men did bid them battell , and so prevailed at first , that he made the Kings army to give ground , and had now almost gained the day , and withall the Kingdome , that lay at stake both in his own conceit , and the estimation of his enemies . In the mean time a certain Noble man , disdaining to see so bad a cause have so good successe , out of his love to his Prince , and desire of honour , accompanied with his sons and followers , made an onset upon these prevailing rebels with such courage and resolution , that he brought them to a stand ; and then heartning the discouraged fliers both by word and example , he turnes the chace , and in stead of victory they got a defeat ; for Donalds men being overthrown and fled , he himself was slain . This fact was so much the more noted , as the danger had been great , and the victory unexpected . Therefore the King being desirous to know of his Lievetenants the particulars of the fight , and inquiring for the Author of so valiant an act , the Nobleman being there in person , answer was made unto the King in the Irish tongue ( which was then onely in use ) Sholto Du glasse , that is to say , Behold yonder black , gray man , pointing at him with the finger , and designing him by his colour and complexion , without more ceremony or addition of titles of honour . The King considering his service and merits in preserving his Crowne , and delighted with that homely designation , rewarded him royally with many great Lands , and imposed upon himselfe the name of Douglas , which hath continued with his posterity untill this day . And from him the Shire and County vvhich he got , is called stil Douglasdale , the River that vvatereth it , Douglas River , the Castle which he built therein , Douglasse castle . This narration , besides that it is generally received , and continued as a truth delivered from han d to hand , is also confirmed by a certain manuscript of great antiquity , extant in our dayes in the hands of one Alexander Mackduffe of Tillysaul , who dwelt at Moore alehouse near Straboguie . There ( at his dwelling house ) William Earle of Angus ( who died at Paris 1616 ) being confined to the North ( in the year 1595 ) did see and peruse it . Neither doth this relation crosse or disagree with any thing set down in our Histories : for although they do not mention this man , nor his fact , yet they all speak of this usurper , and of his attempt and overthrow in the dayes of Solvathius ( about the year 767. ) Hollinshed and Boetius affirm , that this Donald was Captain or Governour of the Isle of Tyre . Some do call him Bane mack Donalde , but Buchanan calleth him expressely Donaldus Banus , an easie errour in so great affinity of name . There is another of the same name called likewise Donald Bane , who did also usurp the title of the Kingdome , and was in like manner defeated in the reigne of King Edgar ( in the year 1000 ) but that being 333. years after this , and not much lesse after the Emperour Charles Le maigne , in whose time they had now propagated and spread themselves in Italy ( as shall be shewed anone ) It cannot agree either with this History of our Sholto , or with that Donald whom he defeated ; this last seeming to be rightlier named Mack Donald , as descended , and come of the former , who was Donalde : wherefore there is nothing here either fabulous , or monstrous ; nothing incredible or contrary to it self or to reason ; but all things very harmoniously answering one unto another ; our tradition with the manuscript , and both of these agreeing with our owne and forreign Histories . And thus concerning Sholto Douglas the root , and originall of the name and family . Of Hugh Douglas , sonne to Sholto : And first of the name of Hugh . TO Sholto succeeded his son Hugh , of whom we have nothing to write , but that he assisted his father at the overthrow of Donald Bane the usurper , there being nothing else recorded of him . Of his son Hugh the second . UNto the former Hugh did succeed his eldest son named also Hugh : for he had two sons , Hugh and William . Hugh the elder lived at home in his native countrey as a Noble man , borne to a great inheritance , whose actions by the iniquitie of time are buried in silence , and therefore we will insist no longer thereon . His younger brother William ( as is the custome of younger brothers ) went abroad into forraine Countreys to seek adventures of armes , if so he might make himselfe a fortune that way . Of him therefore we will speake next . Of William Douglas father of the honourable familie of the SCOTI in Italy . THis William was son to the first Hugh , and grandchilde to Sholto , younger brother to the second Hugh : he it is that was father to the noble familie of the Scoti in Placenza in Italy , which fell out thus , as it is related by the Italian Historians , agreeing with ours . Achaius king of Scotland having succeeded to Solvathius , did enter into league with Charlemaigne , which league hath continued betwixt the Scots and French without breach on either side ever since untill these our dayes ; whereupon when the Emperour Charles went into Italy to represse the insolencies of Desiderius King of the Lombards committed against the Sea of Rome , Achaius as his confederate did send him foure thousand choice men under the conduct of his brother William , a pious and valarous young Prince . Amongst other of his Captains that went with him , this William Douglas was one of the chief , and had the leading of the men of armes . The Emperour having restored Pope Leo the third to the dignity of his Seat , as he returned through Tuscanie , amongst other his notable acts , he restored also the Commonwealth of Florence to their former libertie ; in which exploit the valour and actions of the Scottish Prince William were much remarked : the Florentines to shew their thankfulnesse to the Emperour took to their Armes the Red Lillie , a part of the French Armes , the colour only being changed : And in memorie of the valour of Prince William they did instit●…te publike playes yearely , in which they crowned a Lion with great ceremonie and pomp , ordaining also that certain Lions should be kept upon the charges of the common Thesaurarie , because William had a Lion for his Armes , which is also the Armes of the Kings of Scotland . They have also a prophesie in Florence , which saith , While crowned Lions live in Florence field , To forraine Armes their State shall never yeeld . This Prince William , brother to Achaius King of Scotland , passed into Germanie , and gave himselfe wholly to the warres , where for his service by his sword , having obtained large Territories , he led a single life all his dayes , and thinking to make Christ his heire , he founded and doted fifteen Abbacies for those of the Scottish Nation . It is he ( saith Major ) who is named in songs made of him , Scottish Gilmore . Now while as the Emperour and Prince William were in their returne from Italy towards France , William Douglas in his voyage through Plaisance did fall into a heavie disease , and not being able to go along with the Emperour , stayed at Plaisance till he recovered his health . And then considering the toile and danger of so long a journey , as it would be into his own Countrey , he resolved rather to remain there , then to hazzard his person any more , which such travell would have greatly endangered : wherefore to gain the good will of the Citizens of Plaisance , and to strengthen himselfe ( being a stranger ) by a good alliance , he took to wife a daughter of Antonio Spettino , one of the most eminent and honourable houses in that Citie : by her he had many children , of whom are descended those of the most noble Familie of the Scoti , who are so called by reason of this William , their Ancestour , who was a Scottishman , the name of his Country being better knowne , and more remarkable , then either his own proper name , or the name of his Familie . This originall of the Scoti in Plaisance is collected and confirmed , 1. by the testimonie of the Italian Writers ; 2. by the tree and genealogie of that familie ; 3. and by their Coat of Arms which they give , being the same with the ancient Coat of the Douglasses , with some difference . 1 Touching our Authors , they are such as have written the Historie of Plaisance , which is followed forth by Umbertus Locatus , and Franciscus Sansovinus . This last ( Sansovinus ) in the first book of his Historie , De primo origine delle case illustri d' Italia , writeth thus : Quando Carolo Magno fece l' Impresa in Italia contra Desiderio Re de Longobardi ( l' anno 779 ) hebbe per suo Conduttiere di huomini di armi un Gulielmo Scozzese della Familia di Conti di Duglasi , &c. as we have set down before . Onely he calls it the 779 year , which our Writers call 800 , or 801. There he showes how this House was illustrious from the very first beginning thereof : And for their rank they held in that Citie , he declares that it was one of the foure Families which did distribute the Offices of the City , which were these ; Scotta , Landra , Anguiscola , Fontona . And they grew at last so numerous , and so famous both for Letters and Armes , that having purchased many Rents , and great Lands and Territories , together with many Friends and Alliance , they acquired the Soveraignty of that Citie , and became absolute Lords and Princes thereof . So that from them when they were Princes of Plaisance did spring the Counts or Earles of 1 Vegelino , 2 Agazano , 3 and Sarmetti . They have beene allied with the chiefe Families in those Provinces , the 1 Rangoni , 2 Fieshi , 3 Ressi , 4 Pallavicini , 5 Lodroni , 6 Strozzi , 7 Conti d' Arco : and the like . Then he reckons divers particular persons , and namely ( which doth serve to confirme this deduction ) Donatus Scotio Bishop of Bobio , ( who lived in the yeare 846 , or 48. who built a Monasterie without the walls of Plaisance , which he dedicated to the memory and honour of Saint Bride ( Patronesse of Douglas ) in remembrance that hee was a Douglas , as is probable . He built also a Church within the walls , which he gave to the Friers of the Monasterie of Bobio , who were of Saint Colme ( or Columbanus ) Order , who was Abbot of Icolmekill an Island amongst the Scottish Hebrides . And this he did ( saith Sansovino ) Non solamente per l' amor de Dio , ma anchora perche San Columbano fu di Hibernia Isola de Scotia : Not onely for the love of God , but because Saint Colme ( or Columbanus ) was of Ireland , an Island of Scotland , so he thought being a forreigner , being the Scots and Irish are mutually descended each of other . Then comming to speak of their worth and valour , he reckons up above six and twenty persons who were ever valorous in whatsoever fortune , good or bad , and had been in great employments continually for the space of two hundred eighty five yeares together , under the Emperour Henry the fourth , Charles the fourth , and Sigismond : Also under John King of Bohemia , and Duke John Maria , in divers plaees , at Pavie , Candie , in Cyprus , in Albania , Famagusta , at the Isle of Thin against the Turks : in all which services they behaved themselves valorously , and discharged their places with credit and honour . There were some also famous for learning , as Christophero Doctor of the Lawes , and Bishop of Cavaillon ( in Provence of France ) and Fiderico an excellent Jurisconsult , and who hath written learnedly . At last he relates how they were overthrown by the Duke of Millain , who besieged Alberto Vechio , the elder , and forced him to render upon composition , by which he gave divers Castles ; Lands ; and Territories , and divers Jurisdictions ; with a competent estate and means . And here he reckons up above ten or twelve Castles which they still possesse , all famous and honourable , with the greatest priviledges that can be . 2. As for the Tree and Genealogie of these Scoti , in it we have first this our 1 William Douglas , 2 then David , 3 Lanfrancus , who had foure sonnes , 1 Johannes , 2 Raynaldus , 3 Ruffinus , 4 Rollandus . Johannes had Albertus , who begat foure sons ; 1 Petrus , of whom we finde no succession ; 2 Nicholaus , of whom are descended the houses of Fombii , Guardamilii , and Cassaligii ; 3 Franciscus , or Francus , of whom are the Countes of Volgolino ; Angazano , and Sarmetto , and those of Gragnani ; 4 Jacobus , father of the Familie of the Castri sti Johannis . Lanfrancus second son Raynaldus was Progenitor to the Gravahi and Varsii . 3 Ruffinus his third son was Author of the Momaghi , Magnani , & domorum del Boscho . 4 OF Rollandus his fourth son are descended the Passano , and Aygveriae . These , with their off-spring , have multiplied and spread themselves into divers parts of Italie . Also they are found in the Marquisate of Salluce , in France , in Guienne , and about Bourdeaux , where they are knowne by the names of Houglas , having corrupted the originall name , as strangers are wont to doe . There are also of these Scoti in the towne of Antwerp in Brabant , amongst which Petrus and Cornelius Scoti , inhabitants and merchants there of the best sort , who being lately challenged and interrupted by the Magistrates thereof , for presuming to set up the Douglas Armes upon the tombs of their fathers , did send over into Scotland , in the yeare 1619. a messenger of purpose ( Alexander Seaton by name ) with their severall letters signed with the names of Scoti , alias Douglassi , directed unto the Right Honourable William Earle of Angus , Lord Douglas , &c. acknowledging their descent from his House ; and intreating his Honours testimoniall thereupon . Upon which request , the said Earle having examined the matter by his Evidents , and other Records , found their claime to be just and right , was moved to send them by the same messenger an authentick Patent of their Pedegree under the broad Seale of Scotland , as likewise under the hands and several seales of William Earle of Angus , William Earl of Morton , dated the 16. day of March 1621. In which patent the said Petrus and Cornelius extraction from this William father of the Scoti , and grandchild to Sholto , is deduced particularly , as may be seen in the publike Register of Scotland . 3. As for the ancient armes of the house of Douglas , they were three mullets ( or starres ) onely in a field azure , untill good Sir James did adde the crowned Hart , because King Robert Bruce did concredit to him the carrying of his heart , and burying of it at Jerusalem . The Italian Douglasses ( or Scoti ) having come off before him , kept the field coat unaltered , as may be seen in their Tombes and other Monuments : for in Plaisance , in Saint Lawrence Church , where there are above twelve severall Monuments and Tombes of that Family ( it being their buriall place ) whereof some are of marble , surrounded with iron grates , there is an ancient Monument of a noble Lady near unto the high altar , bearing these three mullets , with this inscription , Margareta Scota Contessa de Burla : but now the Italian Douglasses , or Scoti , give but two mullets , and between two they have drawn a beam argent , which begins at the right hand , and ends at the left . The reason of this difference is given in this letter sent by the Conte de Agazano to this present Earle of Angus , which we wil set down in his own words and language , as he sent it written , and signed with his owne hand , and sealed with his seal . Ill mo Sigr mio Ess mo , QUando 10 hebbi l' honore de vedere in Orleans vuestra illustrissima signoria gli promessi fargli havere l' Arbore de la famiglia Scota de Piacenza discesa d' illustrissima casa di Douglas . Ma perche non ho fin hora havuto comodita sicura di mandarlo , non ho pagato primo questo debito . Hora dunque con l' occasione di un gentil . huomo , mio amico , qui passa in Inghilterra non ho voluto tardare piu a mandarle come faccio detto arbore o Genca loigia ; pregando vs ill ma honorarmi , come mi promisse dell ' arbore de la casa . Douglas in Scotia , almeno quella parte che la rigidezza di tempi passati di guerri in quel regno havera permesso di poter conservare la memoria , et io gli ne restero obligatissimo . L' arma antiqua di Scoti en Piaienza era conforme a L' antiche de Douglasso , come se vedo in ditta citta ne la chiesa de santo Lawrenzo . Ma al tempo che Ghelsi , & Ghibellini guerregiavano in Italia : Li Scoti , come partiali di Francesi furon elletti capi di Gelphi in Piabenzo . Et perche tutte le cose d' numero non paro si intendevano Ghibellini , furono donque necessitati di rendere il numero delle tre stelle o vero a quattro o vero a due . Ma giudacando che accrescerne non conveniva : Si resolvettero Levarne una , a la piazza della quale per memoria missero . La sbarra bianca che commiciando de le parte destra va a finire a la sinistra , che si la sbarra comminciasse a la sinistra , & finisse a la destra , saria Ghibellini . Il champo che solea essere rizo fu d' Arrigo. 4. Imperatore dato insieme col Cimere d' un Pellicano , it Cimere a quei Scoti soli che le Portano di presente , & il campo a tutta la familia generallmente . Ho giudicato bene fare questa poca digressione , accio vs Illam hebbi qualche notitia perche su seguita la mutatione . Mi sara caro ch' ella si compiaccia screvermi lae ricevuta di detta Arbore , all arma del quale manca la corona sopra , che ci deve essere in loco del cimere . Et volendo mi honorare di sue lettere , in viandore all . Illustrissimo & Essmo Sr Duca di Nevers mio capitano sicure , & io ne tenero obligo particulare a vs illma ; a la quale per fine , insieme con Li Signori suoi fratelli , & figlioli hacio le mani , conpiegarle da N. S. ogni prosperita . Di Paris le 8. Maggio . 1622. Di vs ill ma Devotissimo Servit re & parente Il Conte Marc Antonio Scoto d' Agazano My honourable Lord , William Douglas . WHen I had the honour to see you at Orleans , I promised to send you the Tree of the Family of the Scoti of Plaisance ; which is descended of the illustrious house of Douglas : But because I have not hitherto had a convenient opportunity of sending it safely , I have not yet paid this debt : Now therefore having found the occasion of this Gentleman my friend , who was to go into England I would delay no longer to send , the Tree or Genealogie : which I have done , beseeching your Lordship as you promised me to honour me with the Tree of the house of Douglas in Scotland ; at least , so much of it as the iniquitie of times past , and the wars in that kingdome have suffered to remain undefaced , and undestroyed , and I shall rest your Lordships obliged for this favour . The old armes of the Scoti in Plaisance , were conformed to the old armes of the Douglas , as may be seen in the foresaid Citie , in the Church of Saint Lawrance . But when the Ghelfs , and Ghibellins did warre one against another in Italy , the Scoti as partners of the French , were chosen to be heads of the Ghelfs in Plaisance . And because all things of an odde or unequall number were taken for Ghibelline , they were constrained to change the number of three starres , into either foure or two . But esteeming that it was not fit to increase the number , they resolved to take one from them : in the place of which ( in memory of it ) they put a white or argent bar , which beginning at the right hand is drawn along , and ends at the left : for if it had begun at the left , and ended at the right hand , it had been Ghibelline . The field which was given by the Emperour Henry the fourth , together with a Pelican for the crest , which is the Crest of the Scoti onely , who carry it at this houre , and the field of the whole Family generally . I have thought good to make this short digression , that your Lordship might have some knowledge wherfore this change was made in our coat : your Lordship should do me a singular favour if you would be pleased to write unto me of the receit of this Tree , in the armes of which the Coronet is wanting , because the Crest is the place where it should be , and to honour me with your letters , which you may send to my noble Captain the Duke of Nivers , and so they shall come safe to me ; for which favour I shall be particularly obliged to your Lordship . So kissing your Lordships hands , together with thèse of your brethren and children , I pray the Lord to blesse you with all happinesse and prosperity . Paris 8. May 1622. Your Lordships humble servant and Cousen , Mark Antonio Scoto Counte d'Agazano . This Tree was received by the Earle of Angus , who did also send to him the Tree of the house of Douglas . Now besides all this which we have said , the Evidents and Monuments , Charters and Writs of priviledge of their house , do witnesse the same : for in the priviledges granted to them by the Emperour Henry the fourth , and Sigismond , as also by Giovanni Maria Duke of Millain , the surname of Douglas is expresly inserted with the titles of Earles given to three severall persons of that house , first Francisco created Conte de vigolino ; Giovanni ( his brother ) Conte d'Agazano , by the said Duke , and to Alberto expressely intituled , Conte de Douglas & Vigolino , by Sigismond the Emperour . Now after all this , I hope we may justly say with John Leslie Bishop of Rosse ; Unde certissimâ conjecturâ assequimur illam perantiquam famil●…am quibus ( Scoti cognomen ) confirmabit jam usus loquendi , Placentiae florentem ex nobilissimâ nostrorum Duglassiorum comitum prosapiâ oriundam fuisse : that the Scoti in Plaisance are come of the Douglasses in Scotland . And thus much for William the second , sonne to Hugh the first , and grandchilde to Sholto . Of William the first Lord , created Lord of Douglas at the Parliament of Forsaire . NOw to return home again to the Scotish Douglasses , we finde that King Malcolme Kenmore in a Parliament held at Forfair in Angus , in the yeare 1057. as the manuscript , Major and Buchanan have it , but according to Boctius , 1061. did create many Earles , Barons ( or Lords ) and Knights , amongst whom there is Gulielmus a Douglas , who was made a Barron : the words are these : Malcolmus Scotorum Rex 86 tus Sconae coronatus anno 1061. Inde Forfarum generale indixit Concilium , volens ut Primones quod antea non fuerat , aliarum more gentium à praedis suis cognomina caperent : quosdam vero etiam comites ( vulgo Earles ) quosdam Barones ( vulg Lords ) alios Milites , aut Equites Auratos ( vulgo martiall Knights ) creavit Makduffum Fifae Thanum , Fifae Comitem , Patritium Dumbarum , Marchiarum comitem : alios quoque viros praestantes , Montethiae , Atholiae , Marriae , Cathanesiae , Rossiae , Angusiae , dixit comites . Johannem Soules , Davidem Dardier ab Abernethie , Simonem a Tueddell , Gulielmum a Douglas , Gillespium Cameron , Davidem Briechen , Hugonem a Caldella , Barones , cum diversis aliis , Equites Auratos , perplures pauci vero Thani relicti . - In English thus , Malcolme the 86t. King of Scots , being crowned at Scone in the year 1061 , conveened a Parliament at Forfaire , where , according to the custome of other Nations , he ordained that Noblemen should have their titles to be distinguished by their possessions , and lands , which had not been the custome of this Countrey in former times . And so he created some . Countes or Earles , others Barons or Lords , and others Cavalliers or Martiall Knights : he made Mackdusse Earle of Fife , who had been Thane of Fife ; Pàtrick Dumbarre , Earle of Marche : he made also others of the Nobility Earles of Monteeth , Athole , Marre , Murray Cathnes , Rosse , Anguse . John Souls , David Dardier of Abernethie , Simon of Tweddale , William of Douglas , Gilespie Cameron , David Briechen , Hugh of Calder , were made Barons or Lords : others more he knighted likewise a great many , so that few Thanes were left . This note of these very words were extracted out of the Register and Monuments of Icolmekill , and sent to George Buchanan , when he was in writing his history of Scotland ; whereof John Read , ( Buchanans servitour , and amanuensis ) having reserved a copy , did communicate it to diverse afterward . Now here this William being ranked amongst the Nobility , who were chosen out to receive these new honours , could be no mean man : but in all likelyhood , the chief and principall of that name ; and so the eldest descended of Sholto , and his sonne Hugh the first , and his grandchilde Hugh the second , by lineall succession . This is al we have of him , save that it is a received generall report and tradition , that his two sons , John and William , were Knights at the same Parliament , which is an argument that he hath been a man of good esteem , and eminent place . Of John , the second Lord of Douglas . WIlliam did leave behind him two sonnes , John and William , both Knights : The eldest was Sir John of Douglasburn , which is a parcell of ground and mannour lying betwixt Ettrick forrest , and Peebles . The other was William of Glendinning , which is about the upmost parts of West-Teviotdale neere to Ewesdale . Now whether this John did succeed to his father in the Lordship , as being his eldest son and heire , who was designed ( during his fathers life time onely ) by the title of Douglasburn , or whether he had an elder brother , and so both he and Sir William were but cadets of the house of Douglas , we cannot affirm : But thus much they say , that these two brothers were men of great power and authority , and very worthy and valiant gentlemen . They affirm also that Sir William of Glendinning had two sonnes , Alexander and William , of whom are descended those of Cressewall , Strabrock , Pompherston , Pittendrigh , and Calder-Cleer . Of William the second of that name , and third Lord of Douglas . WE have but little mention of this man , onely in a Charter granted to the town of Aire by King David , first sonne to King Malcolme Kenmore , he is inserted a witnesse without any other title or designation : Then Gulielmus de Douglas , William of Douglas . This Charter was given the 25. or 27. yeare of his Reigne , the yeare of God 1151. two yeares before his death , which was 1153. Of Archbald the fourth Lord of Douglas , and first of that name . THere is as little mention made of this Archbald , as of the former William : we find him onely inserted witnesse in a second Charter granted to the town of Aire , by Alexander the second sonne to King William , in the 22. of his reigne , and of our redemption , 1236. Of the third William , and fifth Lord of Douglas , maker of the Indenture with the Lord Abernethie . THis VVilliam is found in an Indenture made betwixt him , and the Lord Abernethie , which the Earles of Angus have yet extant , amongst their other evidents and rights of their lands . The date of this Indenture is on Palmesunday , in the yeare 1259. . in the reigne of Alexander the third : the place , the Castle of Edinburgh : It is a contract of marriage , in which the father called there VVilliam Lord Douglas , doth contract his sonne Hugh Douglas to Marjory Abernethie , sister to Hugh Lord Abernethie , The summe and contents thereof , are that the marriage shall be solemnized on Pasche day , that all things may be perfected before Ascension day . The conditions are these , for the Lord Abernethies part , that he shall give with his sister to Hugh Douglas , viginti carictas terrae ( perhaps it should be Carrucatas terrae ) twenty plough gate of land in the towne of Glencors . And for the Lord Douglas part , that he shall give to his son Hugh Douglas and Marjory his wife 20. Carrucatas in feudo de Douglas , twenty plough gate of land in the few of Douglas . The witnesses are Alexander Cumine , Earle of Buchan , Raynold Cumin , John of Dundie-Moore , and one Douglas , whose Christian name was worn away , and could not be read . This should seem to be that Indenture which Sir Richard Metellane of Lithington , father to Iohn Lord of Thirlestane , sometime Chancellour of Scotland , of worthy memory , doth mention in his manuscript , where he hath carefully collected some memories of the house of Douglas . He sayes that Sir John Ballandine of Achnoute Knight , did show to John Lesly Bishop of Rosse , one Indenture that makes mention of Douglassas 80. yeares before that Lord William ( the Hardie ) who was contemporary with William Wallace , and this Indenture is very neare so long before his time . But he saith that the Lord Abernethie , who doth there indenture with the Lord Douglas , was father to Marjory , and our Indenture makes him brother to her . It may be there have been two Indentures ; one before this made by her father , which not being accomplished during his life , hath been renewed by his sonne or brother , or that they have mistaken it , for there is no other save this onely ( which doth clearly call him her brother ) amongst their writs and evidents . Upon this there was drawn up a Charter without date of either time or place ; onely it appears by the tenour thereof , that it was made after the Indenture . The giver is the same Lord William to Hugh his son and heire : the lands disposed to him are , Glaspen , Hartwood , Kennox and Carmackhope , and Leholme ; together with the lands sayes he , ( quae sunt in calumnia inter me & haeredes Johannis Crawford ) that are in suit of law betwixt me and the heirs of John Crawforde , without any detriment . Then the cause of his giving is set down , that they may be a dowry to Marjorie Abernethie his sonnes wife , and sister to Hugh Lord Abernethie . Ever after this he intitles his sonne , Dominus Hugo de Douglas , Sir Hugh of Douglas . It hath an expresse caveat , that if after the marriage be solemnized , the said Sir Hugh of Douglasdale shall happen to die , or if he shall ( aliquo malo suo genio ) through some devillish or wicked disposition abstain from copulation with her , she shall brook and injoy these lands , although the said Lord VVilliam should be alive : And if the said Marjory shall outlive the said Lord VVilliam , thought her husband Hugh should die before him , yet he shall have the third part of his lands in Douglasdale , excepting the third of so much as the said Lord VVilliam shall leave to his wife . There is in it another very strange point , and as it were a provision in case of divorcement , or not consummating the marriage : viz. that if the said Sir Hugh , or Lord Hugh ( Dominus Hugo ) be then ( after his fathers death ) living lord and heir , or have an heire by any other wife , the said Marjory shall possesse the lands notwithstanding , all the dayes of the said Hughs life . Now he could not have an heire by another wife , unlesse he were first divorced from her . There is also one clause more touching her security , That if the Lord Abernethie , or his counsell shall desire any other security reasonable by Charter or hand-write , that they shall cause make the conveyance as they think good , and Lord VVilliam shall signe it , and set his seal to it . The seal at this is longer then broad , fashioned like a heart , the letters thereon are worn away , and not discernable save onely ( W ll ) and the armes seeme to be three Starres or Mullets at the upper end thereof : but I cannot be bold to say absolutely they were so . This I have set down the more particularly and punctually , that by these circumstances the truth may be more clear and free from all suspition of forgery and invention . I have done it also , that though every one be not curious or taken with these things , such as are ( of which number I prefesse my self to be one ) may find something to please their harmelesse desire of the not unpleasant , and some way profitable knowledge of Antiquity . By this Indenture it is cleare that this William is not the same with VVilliam Hardie , who died in prison , and was father to good Sir James , because his name was VVilliam , and had a sonne Hugh , as the other also had : for if we do but suppose that Hugh contracted to Marjory Abernethie were 25. yeares of age at the making of the Indenture ( 1259. ) and that his father Lord VVilliam were twenty five yeares elder then his son Hugh , fiftie in all : then must he have been when he married the young English Lady ( by whom he had divers children ) and when he assisted VVilliam VVallace , when he surprised the Castles of Sanquhaire and Disdeir , and performed other warlike exploits , being still in action till the 1300. about 90. or 100. years of age , which carries no likelihood with it that one so old , should be so able of his body . Besides this Lord VVilliam the Authour of this Indenture had for his eldest sonne and heire this Hugh contracted to Marjory Abern●…thie , but the eldest sonne and heire to that Lord VVilliam wanted good Sir James , who died in Spain : for all our Histories do tell how that the Bishop of Saint Andrews did sute King Edward for good Sir James to restore him to his fathers lands and inheritance , but King Edward re●…sed to do it : and in a Charter given by King Robert Bruce in the fifteenth yeare of his reigne , Borvici super ●…wedam , at Berwick upon Tweed , of the Lordship of Douglas , these expresse words are contained , Jacobo Domino de Douglas , Filio & Heredi Gulielmi de Douglas . This good Sir James dying without heire male lawfully gotten of his own body , his brother Hugh succeeded to him in the yeare 1342. in which year the same Hugh doth give a Charter of the said lands and Lordship , to wit , Douglasdale , together with the lands of Carmichel , Selkrick , &c. To his Nephew William son to Archbald his brother , which VVilliam did succeed to Hugh , he having no heires male , he was afterward Earle of Douglas . Now it is against all reason to think that he that was contracted to Marjory Abernethy ( 1259. ) should be the same with this Hugh who gives this Charter ( 1342. ) seeing he must be now 106. or 107. years of age , which is not probable . This VVilliam had to wife Martha sister of Alexander Earle of Carrict , who bare to him two sonnes , Hugh his eldest , and VVilliam the Hardie : by their alliance with the house of Carrick , besides that he was not a little strengthned , they being great men and powerfull , it fell out that his posteri●…y became of kindred to King Robert Bruce : for Fergus Lord of Galloway had two sonnes ; the elder Gilbert , and Ethred the younger . At his death he ordained that the Lordship of Galloway should be divided betwixt them , which was done accordingly ; and the division was ratified and confirmed by King William , who did then reigne : but the King being afterward taken prisoner at Anwick be the English , Gilbert nothing contented with the division , having got Ethred his brother into his hands , caused put out his eyes , and possessed himself of the whole Lordship , and kept it till he died , which was before the Kings return out of England , before which Ethred also was dead . These two brothers left each of them a sonne behind him ; Gilbert left Alexander , and Ethred Rowland . This Rowland finding his faction the stronger , thrust out his cousen Alexander , and seized upon the whole estate himself alone , and at the Kings return took a new gift thereof of the King , who gave also to Alexander , Gilberts sonne , in recompense and lieu thereof , the Earledome of Carrick : This Alexander had but one sister named Martha , who was married to this Lord William Douglas , he went into Syria with Edward Prince of Wales , who was brother in law to King Alexander , the third , sent by the King and State at the Popes request , to fight against the Sarasins . There went with him the Earle of Athole , and many brave Knights and Gentlemen : in which expedition he died ; leaving onely one daughter his heire , Martha Countesse of Carrick . She was married to Robert Bruce , sonne to Robert Bruce ( who is known by the name of Robert the Noble ) and to Isabel second daughter to David Earle of Huntington . To this Robert , the Countesse of Carrick bare Robert Bruce , who was afterwards King of Scotland . So then we see how Martha Countesse of Carrick , and William the Hardie were Cousin germans ; and her sonne King Robert Bruce , and good Sir James Cousins once removed : so that not onely the thralled liberties of Scotland , and his private losses , did oblige Sir James to side with King Robert , and to stick so constantly to him , but this tie of bloud and consanguinity also , being so near a kinsman . We are also to observe here , that Martha Countesse of Carrick , was also the nearest , just and rightfull heire to the Lordship of Galloway , being descended of the elder brother Gilbert , and therefore to be preferred before Allane , who was descended of the younger brother Ethred by Rowland his father : and after her and her heires , her fathers sister married to this Lord William was next heire to both the Earledome of Carrict , and Lordship of Galloway . Whether this title did move the Douglasses to seek the Lordship of Galloway , as they did afterward , and helped them to obtain it the more easily of the King , or of others descended of Allane , and of his heires , I leave it to be considered . How ever that be , we may see by the matching with this honourable house of Carrick , Galloway and Abernethy , the chief Peers in this Realme as then , that the house of Douglas was of no small esteem and account long before good Sir James , and that they mistake things farre , and are but ill versed in Antiquity that thinke he was the first that did raise that name to Nobility or greatnesse , this Williams marriage having preceded his time 80. yeares at least . Of Sir Hugh ( the third of that name ) and sixth Lord of Douglas . WIlliam had to his eldest sonne and lawfull successour , Sir Hugh Douglas , who as we have said was married to Marjorie Abernethie , daughter to Alexander , and sister to Hugh Lord of Abernethie . This house of Abernethie were friends and followers of the Cummins , and did assist and party them in all their enterprises , as we may see by their joyning with them at Kinrosse when they took King Alexander the third . Their credit and favour with their Princes appears by this ; That Lord William Abernethie got of King William the Abacie of Aberbrothock , or ( as it may be thought rather , for the writing was dimme and hard to discern ) the Collegiate Church lands of Abernethie , paying thence yearely twenty pound . This Hugh Abernethie obtained also of King Alexander the third , a Charter of the lands of Lenrie , and a pension of fiftie pound sterling by yeare : likewise he got from the same King a confirmation of the lands of Hulkstone and Lilestone . In these gifts the Cummins still are witnesses , and with them stiled Patrick Earle of Dumbarre . We finde also a gift of twenty pound land granted by Isabell Countesse of Stratherne Relict of Walter Cummin , and her husband John Russell . In the dayes of Balioll this house was so powerfull , that thy were able to make their party good against the Earle of Fife , whom they slew , and were winked at by Balioll : with this house did Sir Hugh match , as his father had done with Carrict and Galloway , which as it was an honourable alliance for him , so doth it also argue that the house of Douglas even then was noble and honourable , and in the rank amongst the greatest , as we have said . How long this Sir Hugh Lord Douglas did live after his contract and marriage , we cannot finde : but it is clear that he had no children that survived and outlived their father , because his brother William was his heire and successour . Neither can we relate any his particular actions ; onely fame and tradition have given him a received testimony of activitie , watchfulnesse and diligence , by terming him good Sir Hugh Douglas , whom his foes found never sleeping . He with his wife are buried in Saint Brides Church in Douglas . Of William the Hardic ( or Long logge ) the fourth William and seventh Lord of Douglas . TO Hugh did succeed his brother VVilliam , who for his valour and courage is distinguished by the addition of VVilliam the hardie ; he is named also William long legge , by reason of his tall and goodly , stature , having beene a very personable man. Hee was twice married : first to the Lord Keeths sister , by whom he had two sonnes , Iames and Hugh , as is evident by a Charter of resignation made by his son Hugh to his nephew VVilliam the first Earle of Douglas : his next wife was an English Lady called Ferrar , or Ferrais , of which name we finde the Earls of Darbie to have beene in the dayes of King Henry the third : She bare also two sons , Archbald Lord of Galloway , and Iohn , of whom are descended the Lords of Dalkeith , Maines , and Loghleven . Concerning himselfe , we finde in the English Chronicle , that when King Edward the first took in the town of Berwick ( in the yeare 1295. ) he was Captain of the Castle there , and not being able to resist and hold out , the Towne being in the enemies hands , he rendred the place , with himselfe also a prisoner , where he remained untill the warres were ended ; by the yeelding of Iohn Balioll to King Edward . During the time of his captivitie he was to marry this English Lady , that so he might be drawn to favour the Kings pretensions in conquering of Scotland . But his matching did not alter his affection towards his native Countrey , nor brake his constancie in performing his dutie to it . Wherefore when he heard that VVilliam VVallace was risen up , and had taken open banner against the English , he joyned with him , by which accession of forces , Wallace Army was much increased and strengthened ; yet they were not alwayes together , but according to the occasion , and as opportunity did offer , they did divide their companies , and went to severall places , where they hoped to get best advantage of the enemie , and where there needed no great Armie , but some few companies at once . In these adventures Lord William recovered from the English the Castles of Disdiere and Sanwheire . The manner of his taking the Castle of Sanwheire is said to have beene thus : There was one Anderson that served the Castle , and furnished them with wood and fewell , who had dayly accesse to it upon that occasion . The Lord Douglas directs one of his trustiest and stoutest servants to him to deale with him , to finde some meane to betray the Castle to him , and to bring him within the gates onely . Anderson either perswaded by entreatie , or corrupted for money , gave my Lords servant ( called Thomas Dickson ) his apparell and carriages , who comming to the Castle , was let in by the Porter for Anderson . Dickson presently stabbed the Porter , and giving the signall to his Lord who lay neere by with his Companies , set open the gates , and received them into the court . They being entred , killed the Captaine , and the whole English Garrison , and so remained masters of the place . The Captains name was Bevford , a kinsman to his own Ladie Ferrais , who had oppressed the Countrey that lay near to him very insolently . One of the English that had been in the Castle escaping , went to the other garrisons that were in other Castles and Townes adjacent , and told them what had befallen his fellowes , and withall informed them how the Castle might be recovered : whereupon joyning their forces together , they came and besieged it . The Lord Douglas finding himself straightned , and unprovided of necessaries for his defence , did secretly convey his man Dickson out at a postern or some hidden passage , and sent him to William Willace for aid : Wallace was then in the Lennox , and hearing of the danger Douglas was in , made all the haste he could to come to his relief . The English having notice of Wallace approach , left the siege , and retired toward England ; yet not so quickly but that Wallace accompanied with Sir John Grahame , did overtake them , and killed 500. of their number , ere they could passe Dalswynton . By these and such like means Wallace with his assistance having beaten out the English from most part of their strengths in Scotland , did commit the care and custody of the whole Countrey , from Drumlenrigge to Aire , to the charge of the Lord Douglas . Now howbeit there be no mention of these things in our Chronicle , yet seeing the book of Wallace ( which is more particular in many things ) speakes of them , and the Charter of the house of Siminton descended lineally of the said Thomas Dickson , who for this and his other like services done to this Lord , and afterward to his sonne good sir James , got the 20. mark land of Hisleside , which his posterity doth enjoy still , holding of the Lords of Douglas and Angus , and there is no doubt to be made , but he hath done much more in his assistance he gave Wallace , then is recorded or extant any where , there being no likelihood that in those so busie times , these so valiant and brave warriers did lie idle , though the particulars lie buried in deep silence . And certainly it was not for nought that his lands were burnt by Robert Bruce himself , his wife and children taken prisoners , and brought to the King of England : his wife and children were taken by Bruce himself , by the Lord Clifford . King Edward required him to take his oath of fidelity to the Crown of England , and become his subject , which he utterly refusing to do , his lands were given to the Lord Clifford , and himself committed prisoner , and so he continued to the houre of his death . During which time he never abated any thing of his magnanimous courage and constancie , but shewed himself worthy of his noble progenitours , and no wayes short of whatever worth either they had , or fame hath bestowed on them : So did he also well deserve to be predecessour to such successours , and father to such posterity ; who ( as we shall heare hereafter ) did follow this vertuous example and pattern . How praiseworthy is it in him , that neither the danger of his own person ( being in the hands and power of his enemy ) nor the example of so many as did yeeld to the victorious Conquerour , there being few or none beside William Wallace that stood out against him , no not the desperate case and estate of his Countrey brought to so low an ebbe , could break his resolution to remain firme to his native soyl : Notwithstanding , that by all appearance all was irrecoverably lost , so that his standing out against the King could bring no help to it , and certain enmity ( for ought could be seen ) to himself and his posterity for ever . Setting aside all these regards ( which are so common , and so highly accounted of in this our last age ) not measuring dutie by profit , or commoditie , nor following the common rules of that wisedome which now reignes in the world , which is to respect and preferre our particular before all other things ; but weighing matters in another ballance , and squaring his actions by what was generous and right , rather then that which was gainfull and advantagious for himself : he hath left an example of true wisedome , vertue and honesty , and of true magnanimitie unto others : he dieth a free man in despite of his enemies , though a prisoner , and beareth witnesse of the liberty of his Countrey , that it did not serve , but was oppressed , convincing the Tyrant of that time of violence , and the Advocates and Proctors , which either he then had , or since have pleaded for him in that debate , of most impudent and manifest lying . And there are some even in our dayes scarce yet ashamed of so shamefull an assertion , as to affirm that Scotland , and some of their Kings have yeelded obedience , and homage , to a forrain Prince , acknowledging him for their Soveraigne . But the truth hereof is , that it hath been oppressed , but never served ; it hath been overcome , and overrunne , but it never yeelded : And in the owne time through constancy and courage , did at last overcome the overcomer , and shake off the yoake of forrainers in spight of all their force and fraud ; whereof as the Lord Douglas in this catastrophe of his life is a pregnant witnesse , so hath he left behind him an honourable memory of an invincible mind , and a lesson for tyrants to te●…li , and let them see how weake a thing tyranny is , and how small power and force it hath when it meets with true courage , though it were but of one man , who overcomes their force and falshood , with truth and constancy : And certainly this Lords vertue and merits are such , as , how ever those that come after him did fall into more happy times , and had better occasions to show themselves , and to make their actions more conspicuous towards their Countrey : yet , there is no reason why he should be thought inferiour to any one of them , because his fortune was harder then theirs : Nay , he ought rather to be preferred so much the more , as he was more assailed , and compassed about with difficulties ; and did wrastle with the necessities of the times without shrinking , or succumbing under the burden : Besides it was he that planted and laid the foundation , upon which they builded so honorable interprises , & did perfect what they had begun . Some write that he being cited by King Edward , with others of this Countrie , appeared upon the citation , and that he was not apprehended by fraud or force , but came of his own accord to Berwick : which if he did , it hath not been to confesse , or acknowledge any servitude , or homage , as due to Edward , or the English , but to plead for the liberty of his Countrey , and to protest and testifie against his usurpation . Others say , that he and the Bishop of Glasgow being challenged to pertake in a conspiracy against King Edward , under a pretext of a treatie with Per●…ie , ( to avoid the imputation of disloyaltie and treason , of which he would not be partaker ) he came and yeelded himself to the King , which if it be true , was a very honourable and generous fact , remarkable and rare to be found , that no love of his Countrey , nor hatred of tyranny ( so strong and powerfull motives ) could draw him to be partaker of any dishonest action , though against his enemy . Methinks such noble carriage might have procured more noble dealing at King Edwards hands , and have wrung more favour from him , which since it did not , it may be taken as an argument , as want of goodnesse in himself , who had neither judgement to discern in vertue , nor a heart to honour it in others : But for my owne part I thinke it most likely that hee was taken by one means or other , and brought in against his will ; but whether hee were brought in with his will , or came in against his will , that word of yeelding ( which they ascribe to him ) is either very impertinent , or else very warily to be understood ; to wit , for the yielding of his person onely , not of the liberty of his Countrie , which he never yeelded : neither for the acknowledging of any English authority over it or himself which he never would do , but choose rather to die in prison in Hogs towre in Berwick . There are that say he was sent from Barwick to Newcastle , and from thence carried to Yorke , in the Castle whereof he died , and was buried in a little Chappell at the fouth end of the bridge which is now altogether decayed . His death ( which is rec●…ned of some to have fallen out in the yeare 1307. ) must have been sooner in the year 1302. for his sonne Sir James returned into Scotland in the yeare 1303. when Edward was at Stirling , where the Bishop of Saint Andrewes did recommend him to the King : Now Sir James came not home till he heard newes of his fathers death . It is also said of this Lord , that he had the Isle of Man , whether as heritable possessour , or as Governour onely it is not known ; but it is well known that this Island belonged to the Crown of Scotland , and that the Douglasses have had more then an ordinary interest therein ; Douglas Castle , and Douglas Haven , which carry their names to this day , do beare sufficient witnesse . But whether from this man or some other , is not so easie to determine peremptorily . Of good Sir James , the first James , and eighth Lord of Douglas . THe next is James , commonly called good Sir James , whom men account as the first , of whom the house of Douglas received the beginning of their greatnesse , which came at last to exceed others so farre , that it did almost passe the bounds of private subjects . He was as we have said already , sonne to the same William by his first wife the Lord Keeths sister : his education in his youth is said to have been in vertue and letters ; first at Glasgowe , aftetwards at Paris : for his father being encombred with warres , and last imprisoned , his uncle Robert Keeth conveyed him away to Paris in the time of Philip le bell , where he remained exercising himself in all vertuous exercise , and profited so well , that he became the most complete , and best accomplished young noble man in the Countrey , or elsewhere . Being certified of his fathers death , the love of his native soile made him to return into Scotland , to order the course of his life , by the counsell and advice of his friends . But when he came home , finding his patrimony disposed by King Edward to the Lord Clifford , and his friends scattered and dispersed , having by his mother some relation of kindred to William Lambert Archbishop of Saint Andrewes , he addressed himself to him , who did receive him kindly , and entertain him nobly . And when King Edward the first was come to Stirling in his last journey ( at what time he in a manner overanne all Scotland , and destroyed the monuments thereof ) the Archbishop going thither to salute him , carried this young man along with him : and taking his opportunity , presented him to King Edward , humbly intreating him to take him into his protection , and to restore him into his fathers inheritance , and imploy him in his service , as a youth of great hope and expectation , and such as might be usefull and stedable if he should be pleased to use him . The King demanded what he was , and having understood what his name and lineage was , and that he was sonne to Lord William , did absolutely refuse to do him any courtesie , or favour , nay he could not abstain from reproachfull and contumelious words against the obstinacy and treason ( so was he pleased to nickname vertue ) of his father , saying , that he had no service for him , nor for any such traitours son as his father was ; that he had given his lands to better men then himselfe , and those that had done him better service then he was able to doe ; and though they had not been given , yet would he never have given them to him . So implacable he was , and such pride had he conceived , with contempt of the deprest estate of this supplicant , little remembring the variablenesse of the estate of man ; and little knowing or considering , what weight and moment may be in one man alone , in whatsoever condition , to braule sometimes , and to help even to disappoint and overthrow the enterprises of the mightiest Monarchs . It came even so to passe in this man , who did this Kings sonne and successour such a piece of shrewd service , as he had never the like in all his life : which had been more shrewd , if the speed of his horses , and the undutifulnesse of some Scots , that received him into their Castle of Dumbarre , when he fled from Bannockburne , had not stood him in better steed , then all his huge Hoast and rich Kingdome , wherewith he was so puffed up . Whereby Princes and great men may learne , not to despise the meannesse and most afflicted state of any , nor to loose the reins neither to unjust actions , or reproachfull words . Sir James being thus rebuked , what could he do against a King , a Monarch , a victorious and triumphant King ? to whom all had yeelded , with whom all went right well , in his ruffe , in his highest pitch , in his grandor , compassed about with his guards , with his armies : to controll him , he was not able ; to plead for justice , it would avail him nothing ; to reply , could profit him lesse : a Prince , his victors word is a law , nay more then a law for the time . There was no contesting , no contradicting , were his speeches never so unjust : he behoved to swallow this pill ( how bitter soever ) there was no remedy but patience . Nay , the Archbishop must be silent also , and dares not mutter one word , wherefore home he goes with this scorn , to expect a better time of replying : not in words , but deeds , and of showing what service he was able to have done to him . The occasion of which though it were over long in coming in respect of his desire , yet did fall out , not very long after : for within two or three years ( 1305. ) Robert Bruce came into Scotland , not yet a King ( save in courage ) but having right to be King of the Countrey , whom Edward had served in the same kind , and who had received the like answer and scorn in a Petition not unlike , for both did crave their fathers inheritance , Sir James onely a Lordship , and the Bruce a whole Kingdome , which was but his due , and he had done him better service then Sir James . He had fought against his own Countrey for him , spent the bloud of his friends , and his owne , in hope of it ; with great losse to himself , and example to others not to do the like . But neither duety , nor desert , nor promise could oversway his ambition , and master it so farre , as to suffer him to perform what he had promised : and not content to have fed this Prince with the food of fools , faire hopes , and after so much imployment and many notable services , to frustrate him , he must needs also embitter all , with a flouting answer to his demand . To such a height of pride had prosperity raised him , that no modesty could keep him from loosing the reins to an unbridled tongue , which doth never beseem a man , much lesse a Prince : wherefore as hatred and despight did animate him against Sir James , for his fathers refusing to serve him : so ambition did work the same affection in him against Robert , though he had served him ; both were refused of their suits , both their petitions were rejected ; the one with spight , the other with derision . What ( saith King Edward , being urged with his promise of giving the Kingdome of Scotland to Bruce ) N'avons nous autre chose a faire , que de conquerir des royaumes pour vous ? speaking in French , Have we nothing else to do , but to conquer Kingdomes for you ? Kings , Potentates , Victors , should not be pressed with their promises : So they think , and so men say ; lawes are not made for them , which they leap over at their pleasure . And it might be thought so perhaps , if their power were perfect , and if there were not a more absolute and over ruling power , that is able to range them under reason . We shall finde it so even in this particular in the owne time , although this were no time for him to reply : no more then it had been for Sir James at Stirling . But the time being now come in the yeare 1305. as said is . But the time being now come , though not so fit as he could have wished , yet as it was he behoved to use it , and make vertue of necessitie . And so withdrawing himself secretly out of England , he came to Dumfreis , and there slew John Cummin his greatest enemy , determining from thenceforth to behave and carry himself as King of this Realme . And here by the way , we may observe Gods providence towards this Kingdome , in preserving the liberties thereof , who had before stirred up William Wallace like another Sampson to vindicate it out of the hand of the English. Now that he is gone , he sends home our lawfull Prince , and righteous successour to the Crown , to fight our battles for us , and to perfect the work which the other had begun ; onely for so much as about this time , John Monteeth under colour of friendship , had betrayed William Wallace into the hands of the English for money ; and he being taken and carried to London , was by King Edwards command , tortured and put to death with great cruelty ; and his armes , and legs , and head , hung up in the most eminent places and Cities both of England and Scotland . Of which fact of Edwards we will say no more , but onely set down the said Wallaces Epitaph , which is perfixed to that book that is written of his exploits in Scots rime . The Epitaph is in latine verse , but the Authour is incertain , and the more is the pity , for he deserves to have been better known . Thus it is , Invida morstristi Gulielmum funere vallam , Quae cuncta collit , Sustulit Et tanto pro cive , cinis ; pro finibus urna est , Frigusque pro loricâ , obit . Ille licet terras loca se inferiora , reliquit : At fata factis supprimens , Parte sui meliore solum , Coelumque perrerat Hoc spiritu , illud gloria . At tibi si inscriptum generoso pectus honesto Fuisset , hostis proditi Artibus , Angle , tuis in poenas parcior esses , Nec oppidatim spargeres Membra viri sacranda adytis , sed scin quid in ista Immanitate viceris Ut vallae in cunctas or as spargantur & horas Laudes , tuumque ded●…cus . A verse , whereof Buchanan needed not to have been ashamed . Envious Death , who ruines all , Hath wrought the sad lamented fall Of Wallace , and no more remains Of him , then what an Urn contains . Ashes for our Heroe we have , He for his armour a cold grave . He left the earth too low a state , And by his worth o're came his fate . His soul death had no power to kill , His noble deeds the world doth fill With lasting Trophies of his name . O! hadst thou vertue loved , or fame ; Thou couldst not have insulted so Over a brave betraid dead foe , Edward , nor seen those limbs expos'd To publick shame , sit to be clos'd As Reliques , in a holy shrine ; But now the infamy is thine . His end crownes him with glorious bayes , And stains the brightest of thy praise . But to return to our Sir James : he is no sooner advertised of the Bruces arrivall into Scotland , and of the Cummins slaughter , when without either summons or intreaty ( save of his own mind in that common case simpathising with the other ) he resolves to try his fortune in that course with him . But what could he do ( poore Gentleman ) being in such necessity , and destitute of all help : he had neither horse , nor armour ; nor followers for such a businesse : all was gone , and violently taken from him by the iniquity of the times , and the prevailing of the enemie . There was neither friend nor mean left for his provision . Shall he burden Archbishop Lambert ? what could a Prelate do ? what could he , especially being under the beasts feet , as we say , and subject to King Edward ? It is better sometimes to force a friend , then to indanger him . Compulsion may be used where there is perill in the consenting : chiefly if the party be not unwilling , the ground right , and the cause good : otherwise , violence is never to be attempted , neither is iniquity , fraud or falsehood , ( evill and hurtfull courses ) either against private men , or the publick state to be warranted by this example . To it he goes , and robs Lambert of what he durst not give him : he inticeth his servants ; whose hearts did serve them to serve him in that hazard , whom their Lord durst not command to go with him : he takes also some gold from him , and provides himself a horse and armour , and that all might seem to bee done by the strong hand ; and violence might plead for the Bishop at King Edwards hands , he beats the rest of the servants that were left behind , and so goes away with the prey : An honourable robber , and just spoiler ! He meets Robert Bruce at Arickstone in the head of Anandale . If he were welcome or not , I leave it to the consideration of the Reader : he was received as his Cousin , and used as a companion , and continued a faithfull Friend and loyall Subject , so long as their dayes continued , without variance , emulation or jealousie , or grudge on either side . A happy King by such a servant ! A happy servant by such a Prince ! A happy Countrey by such a society and pair of worthy friends ! ( So it is where vertues encounter , begetting mutuall affection , and produce notable effects . ) The Bishop of Rosse John Leslie sayes , that he carried this money to Bruce from the Archbishop , and makes no mention of any force , whose commendation of this James is not amisse to be here inserted . Hoc tempore quidam Jacobus Duglasius , altissimi animi , & ad quaevis pericula subeunda paratissimi adolescens , dum cum animo suo reputat Robertum ( omnibus virtutum ornamentis excultum ) injustis Anglorum armis vexari , & iniquis belli telis consigi , ab Episcopo Sancto Andreapolitano , in cujus fuit comitatu , pecuniam grandem ad Roberti causam labantem sustentandam impetravit ; illamque illi quam ●…lerrime tulit . Cui in bello strenuam , in pace liberam , in adversis fidelem , in prosperis jucunda●… operam per reliquum vitae curriculum semper post ea navavit . Ab hoc Jacobo clarissima Duglasiorum familia primum sue Nobilitatis nomen accepisse perhibetur . In English thus : At this time one James Douglas , a youth of high spirit , and ready to undergo whatsoever perill , considering with himself how Robert Bruce ( a man adorned with all vertues ) was vexed with the unjust armes of the English , and pursued with warre against all equity : obtained of the Bishop of Saint Andrews ( in whose company he was ) a great summe of money , to uphold the now declining cause of Robert ; which money he carried to him with all diligence , and ever after aided him in his warres valiantly : in peace he was free and upright , pleasant in prosperity , and faithfull in adversity , during all the dayes of his life . From this James the noble family of the Douglasses is counted to have taken the beginning of greatnesse : so farre John Lesley . To return : their efforts at first were of exceeding hard successe . Robert Bruce was crowned at Scone in the yeare 1306. in April , at which Sir James assisted , casting into a heape , as others did , a quantity of earth of his lands of Douglas , which making a little hill , it is called yet Omnis terra . This was the custome of those times , by which homage they that held the King of Scotland Supreme under God , were distinguished from others . Some moneths after the coronation , about the 19. of June , they were defeated in a conflict at Methven by Odamarre de Val●…nce Earle of Pembroke , but without any great losse of men : for they being few in number , and perceiving their inequalitie , fled betimes , while their men were yet in breath and unwearied , having adventured so far rather to trie their fortune , what it was like to prove in their maine intentions , then in hope of victorie , where there was so great odds every way . There were taken at this battell Sir Thomas Randulph a young stripling , Sir Alexandar Fraser , Sir David Barclay , Insh Mairtin , Hugh de la Hay , or Hugh Hay , Somervale , and some others , whom Sir Aimer Valence caused to promise fealty to the King of England , and on that condition saved their lives : especially Randulph , who is remarked after this to have beene very forward for the King of England , till he was taken againe by Sir James Douglas , as we shall heare hereafter . After this battell they retired to the Castle of Kildrummie , where the Queene and divers other Ladies remained in great scarcitie of vivers , being sustained most part by what Sir James Douglas tooke by hunting and fishing . Not long after , as they went by Athole into Argyle , Athole having intelligence of them , invaded them , together with Lorne his sisters , and constrained them to fight at a place called Dalree ( which is to say , The Kings field ) about the twelfth of August ; their fortune was no better then it had beene before , the day was lost , some but not many of their men slaine , they themselves put to flight , and by flight faine to save their lives by lurking amongst the hils for a season in a most desert place , living upon roots and herbs , and lying in the open fields on the bare ground , or among the heath , sometimes but with one , other times with none to attend them , being uncertaine whom to trust , in that frowning of fortune , when commonly there are but few that remain friends , and many become enemies , base minds seeking thereby either to avoid harm , or to gain favour of the stronger . At last finding that they were hotly hunted after , and hardly followed , they thought it their safest way to go to the Western Isles . Lochlowmond lay in their way , whether being come , and having found an old boat , Sir James ( however expert in that Art before ) having learned so much by that great Schoolmaster Necessity , rowed his King over this Lake in a night and half a day . Thus saith the manuscript , but it seemeth rather to have been some other Lake then Lochlowmond , or rather some inlet of the Sea ( which are called sometimes Lakes ) between the main Land and the Isle in which they lurked : because Lochlowmond is of no such breadth , as that it should be esteemed a great matter to row over it in that space : and besides they did row to an Isle where they did rest amongst our Aebudes , to none of which Lochlowmond is adjacent . The Bruces book saith not that they rowed through the Lake to the Isle , but through the Lake to the next land , and then passed to the Sea side where they provided boats in which they sailed to the Isles . It attributes also this rowing to others , then Sir James , though hee were the first finder of the old boate . Thus it went with them , and to such an exigent was the hope of our Countrey brought . Thus we see these great minds , and ( afterwards ) great men in a base , poore , and perillous , but never miserable estate ( which vertue is not capable of ) desolate in it self , destitute of friends , and their first attempts dasht by the mean under Captains of their great enemy King Edward . But ere they have done , they shall make his successour to flie in the like sort in a small fisher boat , poorely accompanied to save his owne person , after the losse of his army . On such moments do the hopes and fears of mortall men depend , and such vicissitude is the estate of those glorious crowns subject unto , which men do so much affect , with such travell and turmoil ; as for them , it was not the Crowne onely , but their libertty also , that they suffered for : and not their owne liberty alone , but the freedome of their Countrie and Patriots , which they sought to maintain against injustice , fraud and violence . Wherefore we never heare that they fainted at any time , or dispaired any time in the midst of dispair : such force hath a good cause in a good heart , the Authour of goodnesse , no doubt sitting at the rudder of that boat , and preserving the old sheards of it , so that they gave no place to the violence of the waves , and their hearts from yeelding to that despair that every way did assault them , untill he had finished that work he had to do with them ; for recovering the liberty of their Countrey , and beating down the pride of tyranny , that hee might in all this show his own might and prerogative , in casting down and setting up at his pleasure . Such hard beginnings have oftentimes the greatest works , and so little ought either hope or dispaire bee grounded on the first successe . Being landed in this little Isle , which the Bruces book calls Rachrine , ( other Authours name it not ) they remained a while hidden there with a speciall friend of King Roberts ; both the Isle and the man being worthy of more expresse honour , and a perpetuall memory of their names : he for his faithfull friendship , the Isle for its safe receit , and harbouring so good guests , and their good luck after this receit , their efforts from hence forward having been almost ever prosperous . Their safety was ( most part ) in this , that men believed they were not safe ; ceasing to seek those whom ( they thought ) had ceased to be , taking them to have perished , because they appeared no where to the view of the world . Like example is long since recorded of Masinissa King of Numidia : and their lurking doth bring forth the like fruit and effects . But it was not fit for them to lurk too long : their friends might so have been discouraged , and losing hope , have forsaken the cause , whereby the work would have been the more difficult , if not impossible . Therefore to begin again afresh , the King obtains from his good friend some small company of men , and Sir James with fourty of these ( which hee got of the King ) went and tooke in the Castle of Arane by a stratagem . A small , but happy flourishing of a better spring time , after that their tempestuous winter , which shall yeeld a full harvest , and bring forth the ripe fruit of liberty to their Countrey , and the settling of the Kingdome to his master , and his posterity , untill these our dayes , and we hope for ever . Thither came the King also within two dayes ( and hearing of them ) Malcolme Earle of Lennox . These sailed from thence into Carrict , where they tooke a Castle of the Kings proper inheritance , but the Writers do not name it . And here indeed the course of the Kings misfortunes begins to make some halt and stay , by thus much prosperous successe in his own person ; but more in the person of Sir James , by the re-conquests of his owne Castles , and Countries : from hence he went into Douglasdale , where by the means of his fathers old servant Thomas Dickson he tooke in the Castle of Douglas , and not being able to keep it , he caused burn it , contenting himself with this , that his enemies had one strength fewer in that Countrey than before . The manner of his taking of it is said to have beene thus : Sir James taking onely with him two of his servants , went to Thomas Dickson , of whom he was received with tears , after he had revealed himselfe to him , for the good old man knew him not at first , being in meane and homely apparell . There he kept him secretly in a quiet chamber , and brought unto him such as had beene trusty servants to his father , not all at once , but apart and by one and one , for feare of discoverie . Their advice was , that on Palmsunday , when the English would come forth to the Church , being a solemne Holiday , he with his two servants should come thither apparelled like countrey taskers , with mantles to cover their armour , and when he should perceive that the English were in the Church , and his partners were conveened , that then he should give the word , and cry the Douglas slogan , and presently set upon them that should happen to be there , who being dispatched , the Castle might be taken easily . This being concluded , and they come , so soone as the English were entred into the Church with Palmes in their hands ( according to the custome of that day ) little suspecting or fearing any such thing ; Sir James , according to their appointment , cryed too soone ( a Douglas , a Douglas ) which being heard in the Church ( this was Saint Brides Church of Douglas ) Thomas Dickson , supposing he had beene hard at hand , drew out his sword , and ran upon them , having none to second him , but an other man , so that oppressed with the multitude of his enemies , he was beaten downe , and slaine . In the meane time Sir James being come , the English that were in the Chancel kept off the Scots , and having the advantage of the strait and narrow entrie , defended themselves manfully . But Sir James encouraging his men , not so much by words , as by deeds and good example , and having slain the boldest resisters , prevailed at last , and entring the place , slew some 26 of their number , and tooke the rest , about 10. or 12. persons , intending by them to get the Castle upon composition , or to enter with them when the gates should be opened to let them in : but it needed not , for they of the Castle were so secure , that there was none left to keepe it save the porter and the cooke , who knowing nothing of what had hapned at the Church , which stood a large quarter of a mile from thence , had left the gate wide open , the porter standing without , and the Cooke dressing the dinner within . They entred without resistance , and meat being ready , and the cloth laid , they shut the gates , and tooke their refection at good leasure . Now that he had gotten the Castle into his hands , considering with himselfe ( as he was a man no lesse advised then valiant ) that it was hard for him to keep it , the English being as yet the stronger in that Countrey , who if they should besiege him , he knew of no reliefe ; he thought better to carry away such things as be most easily transported , gold , silver , and apparell , with ammunition and armour , whereof he had greatest use and need , and to destroy the rest of the provision , together with the Castle it selfe , then to diminish the number of his followers , for a garrison there where they could do no good . And so he caused carrie the meale and malt , and other cornes and graine , into the Cellar , and layd all together in one heape : then he took the prisoners and slew them , to revenge the death of his trustie and valiant servant Thomas Dickson , mingling the victuals with their bloud , and burying their carcasses in the heap of corne : after that he struck out the heads of the barrells and puncheons , and let the drink runne through all , and then he cast the carkasses of dead horses and other carrion amongst it , throwing the salt above all , so to make altogether unusefull to the enemie ; and this Cellar is called yet the Douglas Lairder . Last of all , he set the house on fire , and burnt all the timber , and what else the fire could overcome , leaving nothing but the scorched walls behind him . And this seemes to be the first taking of the Castle of Douglas , for it is supposed that he took it twice . For this service , and others done to Lord William his father , Sir James gave unto Thomas Dickson the lands of Hisleside , which hath beene given him before the Castle was taken , as an encouragement to whet him on , and not after , for he was slaine in the Church : which was both liberally and wisely done of him , thus to hearten and draw men to his service by such a noble beginning . The Castle being burnt , Sir James retired , and parting his men into divers companies , so as they might be most secret , he caused cure such as were wounded in the fight , and he himselfe kept as close as he could , waiting ever for an occasion to enterprise something against the enemie . So soone as he was gone , the Lord Clifford being advertised of what had happened , came himselfe in person to Douglas , and caused re-edifie and repair the Castle in a very short time , unto which he also added a Tower , which is yet called Harries Tower , from him , and so returned into England , leaving one Thruswall to be Captain thereof . Sir James his men being cured of their wounds , and refreshed with rest , he returned again to the King , at what time he was ready to fight with Sir Aymore Valence , the Lord of Lorne , and Sir Thomas Randulph , at Cumnock . The King had not above 400. men , so that being almost encompassed by the enemie ere he was aware , he was forced to forsake the field , having lost his Banner , which was taken by Sir Thomas Randulph , by which he got great credit with King Edward . King Robert in his flight , or retreat , divided his men into three companies , that went severall wayes , that so the enemie being uncertaine in what company he himself were , and not knowing which to pursue rathest , he might the better escape . When they were all come againe to the place of their rendezvous , which the King had appointed when he divided them , Sir James Douglas perswaded the King to set upon a company of the enemies , who were very securely lying by themselves farre from the body of the Army , without feare of any danger which the King did , and having slaine 200. of them , he scattered the rest . After this , Sir Aymore Valence ( being then Warden for King Edward in Scotland , and residing himselfe at Bothwell ) sent Sir Philip Mowbray with a company of men , about 100. into Coile and Cunninghame , to keepe the Inhabitants in their obedience to England ; whereof when Sir James Douglas had notice , and knowing the way by which they must go ( called Machanacks way ) he lay in a straight foord betweene two marishes , called Ederfoord , accompanied with some 40. choice men , and there rising up of a sudden , ere Sir Philip was aware , they routed his men , and chased himselfe , who did escape very narrowly , for he left his sword with them , and fled alone to Kilmarnock and Kilwinnin , the rest back to Bothwell . This was before the battell of Lowdoun hill , where both the King and Sir James were present , at which they defeated Sir Aymore Valence and 3000. men , they having onely 500. which Sir Aymore tooke so to heart , that he retired himselfe into England , where he gave over his charge of Warden , and never returned into Scotland againe with any command , except it were when the King came in person . The English Chronicle sayes that the King discharged Sir Aymore who was Earle of Penbrooke , and placed John de Britton in his office , and made him Earle of Richmond . These particulars I cannot ghesse why they should have beene omitted by our Writers , being so remarkable defeats , where diligence , dexteritie , and valour , have beene used with wisedome and judgement . However , upon this withdrawing and departure of Sir Aymore Valence , King Robert being rid of the greatest danger , makes toward Innernesse , leaving Sir James behinde him , to recover such places as were still in the enemies hands . He therefore getting him into Douglasdale , did use this stratagem against Thruswall Captaine of the Castle of Douglas , under the Lord Clifford : hee caused some of his folkes drive away the cattell that fed neare unto the Castle , and when the Captaine of the garrison followed to rescue , gave order to his men to leave them , and to flee away . This he did often , to make the Captaine to slight such frayes , and to make him secure , that he might not suspect any further end to be in it : which when he had wrought sufficiently ( as he thought ) he laid some men in ambuscado , and sent others away to drive away such beasts as they should finde in the view of the Castle , as if they had been theeves and robbers , as they had done often before . The Captaine hearing of it , and supposing there was no greater danger now then had beene before , issued forth of the Castle , and followed after them with such haste , that his men ( running who should be first ) were disordered and out of their ranks . The drivers also fled as fast as they could , till they had drawne the Captaine a little beyond the place of the ambuscado ; which when they perceived , rising quickly out of their covert , set fiercely upon him , and his companie , and so slew himselfe , and chased his men back to the Castle , some of which were overtaken and slaine , others got into the Castle , and so were saved ; Sir James not being able to force the house , took what bootie he could get without in the fields ; and so departed . By this means , and such other exploits , he so affrighted the enemie , that it was counted a matter of great jeopardie to keepe this Castle , which began to be called the adventurous ( or hazzardous ) Castle of Douglas : whereupon Sir John Walton being in suit of an English Lady , she wrote to him , that when he had kept the adventurous Castle of Douglas seven yeares , then he might thinke himselfe worthy to be a sutor to her . Upon this occasion Walton tooke upon him the keeping of it , and succeeded to Thruswall , but he ran the same fortune with the rest that were before him . For sir James , having first dressed an ambuscado neare unto the place , he made fourteen of his men take so many sacks , and fil them with grasse , as though it had been corn , which they carried in the way toward Lanerik , the chief market town in that County : so hoping to draw forth the Captain by that bait , and either to take him , or the Castle , or both . Neither was this expectation frustrate , for the Captain did bite , and came forth to have taken this victuall ( as he supposed . ) But ere he could reach these carriers , Sir James with his company had gotten between the Castle and him : and these disguised carriers , seeing the Captain following after them , did quickly cast off their upper garments , wherein they had masked themselves , and throwing off their sacks , mounted themselves on horseback , and met the Captain with a sharp encounter , being so much the more amazed , as it was unlooked for : wherefore when he saw these carriers metamorphosed into warriours , & ready to assault him , fearing that which was , that there was some train laid for them , he turned about to have retired to the Castle , but there also hee met with his enemies ; between which two companies , he and his whole followers were slain , so that none escaped ; the Captain afterwards being searched , they found ( as it is reported ) his mistresse letter about him . Then hee went and tooke in the Castle , but it is uncertain ( say our writers ) whether by force , or composition ; but it seems that the Constable , and those that were within have yeelded it up without force ; in regard that hee used them so gently , which he would not have done if he had taken it at utterance . For he sent them all safe home to the Lord Clifford , and gave them also provision and mony for their entertainment by the way . The Castle which he had burnt onely before , now he razeth , and casts down the walls thereof to the ground . By these and the like proceedings , within a short while he freed Douglasdale , Atrick forrest , and Jedward forrest , of the English garrisons and subjection . But Thomas Randulph , Alexander Stuart Lord of Bonckle , and Adam Gordone , being Englized Scots , concluded to gather together their forces , and to expulse him out of those parts . Now it fell so out , that Sir James , intending to lodge at a certain house upon the water of Line , and being come hither for that purpose , by chance all these three were lodged in the same house before he came , which drew on a skirmish betwixt them , in which Alexander Stuart Lord of Bonckle , and Thomas Randulph , were taken prisoners , and Adam Gordone saved himself by flight . This peece of service was of no small importance , in regard of the good service done to the king by Thomas Randulph , both while the King lived , and after his death when he was regent , which all may be ascribed to Sir James , who conquered Randulph to the Kings side . With these his prisoners he went into the North , as farre as the Mernes , where he met the King returning from Innernesse , of whom he was heartily welcomed , both for his owne sake , and because he had brought him his Nephew Randulph , whom the King did chide exceedingly . And he again reproved the King out of his youthfulnesse and rash humour , as though he did defend the Crowne by flying , and not by fighting ; wherefore hee was committed to prison , thereafter pardoned ; and being made Earle of Murray , he was imployed in the Kings service . This is related in the Bruces book , and hath nothing fabulous or improbable in it : and therefore it ought not to be slighted : Especially seeing , as I am informed , the Book was penned by a man of good knowledge and learning , named master John Barbour , Archdeacon of Aberdene ; for which work he had a yearely pension out of the Exchequer during his life , which he gave to the Hospitall of that Towne , to which it is allowed and paid still in our dayes . He lived in the reigne of David the second sonne , and successour to King Robert Bruce . Sir James was with the King at Inverourie ( ten miles from Aberdene ) against John Cummine Earle of Buchan , who was there defeated on Ascension day , in the yeare 1308. From thence Sir James went with him when he recovered Argyle ; the Lord whereof had once comed in to the King , but was now revolted to the English side . And likewise at many more journeyes and roads , both in Scotland , and England , Sir James did ever more accompany him . In the year 1313. hee tooke in the Castle of Roxburgh , called then Marchmouth , whilest the King was busie about Dumfrees , Lanrick , Aire , and others ; and while Sir Thomas Randulph was lying at the Castle of Edinburgh : The manner of his taking of it was thus ; about Shrovetide which is a time of feasting and revelling , he with sixty more , having covered their armour with black , that they might not be discovered by the glittering thereof , went in the forenight toward the Castle ; & when they came neare to it they lay along , and crept upon their hands , and feet , through a bushie piece of ground , till they were come close to the foot of the wall . Those that did watch upon the Castle wall espied them ; but the night being dark , and by reason of their creeping they tooke them to have been cattell : for they at the foot of the wall heard the watchmen , ( there being two of them ) saying the one to the other , my neighbour such an one ( naming him by his name ) means to make good chear to night , that he hath no care of his cattell , but leaves them thus in the fields all the night : to whom the other replied , hee may make good chear this night , but if the Douglas come at them , he will fair the worse hereafter ; and with this discourse they went their way . Sir James and his men having heard this conference , were very well pleased withall , and glad to be so mistaken : they laddered the walls with ladders of cords , made by one Simon of the Leadhouse , who was also the first that adventured to scale with them himself alone , both to trie how they would hold unbroken , and to view what guard and watch was kept above . The man that stood sentinall saw him well enough , but because there were no more with him , he gave no alarum , but stood watching to have catched him on the top of the ladder , thinking to have knockt him down , or to have tumbled him headlong over the wall : but the other prevented the danger , and leaping in nimbly upon him ere he was aware , stabbed him with a knife , and threw him over the wall amongst his fellowes , to whom he called to make haste up , assuring them the coast was clear : but ere they could come up , another of the watch coming about , and perceiving a man standing on the wall , made towards him , but Simon dispatched him also . And now the rest of his companions were got up also , who marching towards the hall , they found the English at their shroving , eating , and drinking , and piping , and dancing . They entred the hall , he had but easie work of it , to do with them what he listed , being most of them drunke , and all of them unarmed : Onely the Captain ( Guillaum de fermes ) fled into the great tower being dangerously hurt with the shot of an arrow , where he remained safe all that night , but the next morning hee yeelded himself because of his wound , upon condition that his life should be safe , and his person safely set on English ground , which was willingly granted , and faithfully performed . But hee lived not long after , his wound being deadly and uncurable . Thus was the wheel of worldly affairs ( vvhich men call fortune ) so vvhirled about by the King , and his partners , that in this yeare 1313. being the seaventh from his Coronation , and the fifth or sixth from the beginning of the course of his victories , there vvas not one strength remaining in the possession , or povver of the English , save Dumbartane Castle ( which was afterward yeelded up by John Monteeth upon composition ) and Stirling , which at this present was besieged by Edward Bruce the Kings brother . To relieve Stirling , and to raise the siege thereof , King Edward the second came in proper person , and thereon insued the battell of Bannockburn ; a battell so famous and memorable , as few the like have happened in any age ; where there were two Kings present , the ods so great , and the defeat so notable . The English King did bring into the field all that he was able to make , not onely of English , but of his beyond sea dominions ; neither of those that were his owne Subjects onely , but hee was also aided and assisted by his friends and confederates , in Flanders , Holland , Zeland , Brabant , Picardie , Gascony , Normandy , Guien , Bullonois , and Burdeaux ; of these and his owne Countreymen , he had in all 150000. fighting men , to place them in the middle number , which some say was but half the number , and that he had 300000 of the whole , in equall proportion of foot and horse ; intending to have exterminated the whole nation of Scots , with so confident a presumption of victory , that he brought with him a Carmelite frier ( a Poet according to the time ) to commit his triumphs to writing : he was defeated by 30000 or 35000 at the most ( as all agree ) and that in a plain and open field , where there was slain of his men 50000. It was fought the 22 of June , 1314. Sir James being present at this Battell , did carry himselfe so before the fight , in the fight , and after it , as that his behaviour is not to be slightly slipped over with a dry foot ( as we say ) but particularly to be noted , both for his owne honour ( for it is indeed worthy of perpetuall honour and praise ) and for a patterne to be followed by others , especially by all such as set their hearts and minds to follow vertue , and to seek true glory , which ariseth from vertue . Before the battell , we have his kindnesse , love , and care of his friend , or ( as some will have him to be ) his emulous Competitor , joyned with true magnanimitie in his demeanour towards Thomas Randulph : for King Robert having sent Randulph with 500. horse to oppose the Lord Clifford with 800. who was making toward the Castle of Stirling ; Sir James carefull for his friend in respect of this ods in number , first very orderly sought leave of the King to go to his succours , but after the King had refused him , he went out without leave ; which though it were a kinde of breach of militarie discipline , yet it shewes how dearly he loved the man , that for his sake he would thus transgresse the order of the warre , and to take his hazzard of the Kings displeasure , rather then to forsake him in this great danger , as he took it to be . And as he shewed his love and kindnesse in this ( a vertue of great price , and greatly to be commended ) so did he also his modestie , courtesie , and magnanimitie ( all three concurring in one fact , and much more commendable ) in that hee seeing his friend to have the better of the enemie , stood aloofe as a spectator , for feare to impaire his glory in that victorie , by being a sharer with him therein . Weake mindes seeke to participate of other mens glory , and for want of worth in themselves thrust in with others . Base and meane spirits are wont to lessen and diminish the actions of others , because they have no hope to equall them . Malignant dispositions envie them , and approve of nothing but what is their owne , and would have it thought that they onely are able to do all things , and that none besides them can do any thing . As these vices were here farre from this man , so should they be as farre from all others : and as the contrary vertues did shine in him , so let them also doe in us . And thus he behaved himselfe before the Battell . In the Battell he with Randulph had the leading of the Vantguard , wherein he discharged himselfe so well , that for his good service he was knighted in the field . This honour in those dayes was given for desert , and was a badge and seale of valour , not of favour or riches , as now it is for the most part : neither was it so ordinary and common as now it is , and by commonnesse prostitute as it were , and dis-esteemed . But that it was in great esteeme of old it appeares by this , that notwithstanding this mans predecessours , and himselfe also ( as his evidents do witnesse ) were Barons and Lords , yet he thinks it no disparagement to be knighted , and did choose rather to be known and designed by that title , than the other ; so as he was commonly called Sir James Douglas , rather then Lord Douglas . And indeed we have found that even Princes and Kings have taken upon-them this order , not as any diminution of their place , but an addition of honour , seeing by it they were received into the number and rank of military men and Warriours ; their other titles shewing more their dominion and power , or place , then their valour and courage . Wherefore we reade how Edward Prince of Wales was knighted when he was sent against King Bruce : So Henry the second , being then Prince of England , received the honour of Knighthood from David King of Scotland , his grand Uncle , as from one that was the best and worthiest man in his time . Then it was that he tooke his oath , that he should never take from the Crowne of Scotland , the Counties of Northumberland , Westmoreland , Cumberland , and Huntingdon . This cremonie vvas performed vvith great solemnitie and pomp in those dayes , as our Writers observe : so honourable vvas it then ; and of late it vvas thought so too : for the Earle of Clanrikart ( chiefe of the Bourks in Ireland ) having done a piece of notable service to Queene Elisabeth at the siege of Kinsoile , and at an encounter betvvene the Lord Deputies Army vvith the Irish Rebels , vvas knighted by the Lord Mon●…joy , then Generall Lieutenant for the Queene . Neither should any abuse discredit it novv . Nor can it diminish the honourablenesse thereof in our Sir James , who is able to honour it rather by his worth . After the battell he is as diligent ( as he was both diligent and valorous ) in it . This is a vertue which hath been wanting in great Commanders , and hath been marked as a great defect in them . It was told Hanniball that great Carthaginian to his face : Thou canst obtain , but not use a victory , nor prosecute it to thy best advantage . Sir James did not so , but as farre as he was able , with such companies as hee could gather together , and with as much speed as was possible for him , hee followed King Edward to have done him service , though his father Edward the first would have none of it , and set it at nought . But he was gone ere Sir James service came to the best : Now hee would gladly have showne what it was worth to his sonne and successour ( the second Edward ) in most humble sort , though it had been to have pulled off his boots ( no question ) but his Majestie had no mind to stay for him , who notwithstanding made all the haste he could to have overtaken him , and followed him with foure hundred horse more then fourty miles from Bannockburne , to Dumbarre Castle , into which hee was received , and so escaped . The next was to wait upon him in his way to Berwicke , which he did ; but the King nothing well pleased with the service hee had done , and expecting rather worse then better , seeing his importunity , and that other wayes he could not be rid of him , went by sea to Berwicke in a small fishers boat or two , with a very thinne train to attend him : not unlike unto Xerxes who a little before was so proud of his huge army , is now become the scorne of his contemned and threatned enemies , a spectacle of pride , and an example of presumptuous confidence unto all ages . Wee told before hovv his father had driven King Robert and Sir James to the like shifts and straits , but theirs vvas not so shamefull . A Christenmasse feast may be quit at Easter , sayes our Proverb , vvhich they do here verefie by this requitall : And this vvas all the service Sir James could do to King Edward at this time : but aftervvards vve shall heare vvhat service he shall do , if not to himself , yet to his sonne , Edward the third , at Stanhop Parke some few yeares after this . In the mean time let us behold our Scots , enjoying there renowned and honourable victory , which cannot bee denied to have been such , nor cannot be by envy it self . Their spoil and prey was great and rich , their prisoners many , and their ransomes proportionable . The Queen ( King Roberts wife ) was restored by exchange , and for her an English Nobleman set free without ransome : And as their joy was great , and their gaining not small , so was both the grief of the English , their shame and their losses . Their were slain of note in the field 200 Knights , together with the Earle of Glocester , and Sir Giles of Argentine ( whose death was lamented by King Robert very much ) and of prisoners very nere as many , of which the chief were the Earle of Hartford , who fled to Bothwell , and was received by Sir Gilbert Gilbaston captain thereof , ( as the Bruces booke sayes ) Sir John Segrave , John Clattengrave ( perhaps Cattegrave ) William Latimer , Sir Robert Northbrooke ( Lord keeper of the broad seal ) and Sir Ralph Mortimer , who had married the Kings sister . Mortimer was dimitted ransome-free , and obtained the Kings broad Seale at Bruces hands . These and many other prisoners of divers nations thus dismissed , are as many witnesses of the Scottish valour in the fight , and of their mildnesse and humanitie after it , who used these their so spightfull enemies no worse , who if they had overcome , would have used another kinde of cruelty , as they had both determined and threatned unto them . Amongst other Forreiners , there were two Holland Knights , who being in King Edwards Army before the battell , and hearing the bravery and brags of the English , and their spightfull railings against King Robert , had wished him good luck . These were turned out of the English Camp , and sent unto the Scottish , bidden in scorne to go and fight with them whom they wished so well , with a price set upon their heads to him that should either kill or take them prisoners in the battell . Their heads neverthelesse were safe , and themselves did partake of the good fortune they had wished ; and when they came home into their owne Countrey , they built a lodging , naming it Scotland , upon which they set up the Scottish Armes , and King Roberts statue in Antwerp , as a monument of that notable victorie ; which remained there many yeares after . The Carmelite also changed his note , singing their victorie , whose overthrow he came to set forth ; and chaunting their discomfiture , whose praises he was hired to proclaime . Thus he began his Ditty . De planctu cudo metrum cum carmine nudo , Risun●… detrudo , dum tali themate ludo . In English thus : With barren verse this mournfull rime I make , And am but laught at , while such theme I take . Let us here consider the meanes and wayes of both sides , we shal finde on the one side confidence of their power , and a contempt and slighting of the enemie , which seldome falls well , because from thence there ariseth commonly sloth , negligence , disorder , and confusion : on the other side we may see carefulnesse , diligence , order , and exhortation , all possible meanes used both humane and divine : wisedome joyned with religion , and prayer , and what pious formes were then in use . They digged trenches and ditches , which they covered with greene turfe , for the horsemen to fall into , and did knit together and twist as it were a net of crosse ropes to entangle the footmen : which stratagems being seconded with true courage , resolution , and valour of the common souldiers and Commanders , together with the device of those that were set to keep the baggage , the sculs , and grooms , who made showes and musters , as if they had beene another armie ( of their owne head , without the direction of any ) were the chiefe meanes of the victorie . For the first was the overthrow of the men at armes , and barbed horses , and the second the bane of the middle battell of the English , who seeing this trap laid for them , fled presently , and turned their backs . But above all these , the principall and prime cause was even the Lord of hosts , who guided all these , and gave successe unto them . Let no mortall man ever think other of any his enterprises , or that any man , however wise , provident , or valorous , can use his wisedome , providence , or valour , or whatever other vertue he hath , to any purpose , or succesfully , unlesse it be given him in the very instant of using it . A lesson much inculcat , but little learned ; often approved by experience , but seldome marked , or soone forgotten ; at least little appearing by our practice , and which doth produce no other effect but a superficiall acknowledgement , and slender confession thereof . But to returne to our Douglas : though the King himselfe did thus escape his service , yet out of all doubt he hath beene imployed against his subjects , seeing our Historians doe tell us , that after this battell there were divers incursions made into England , for which they never stirred , but sate quiet for 2. or 3. yeares : howbeit there are no particulars set downe . In the yeare 1316. King Robert Bruce went into Ireland to support his brother Edward Bruce made King of Ireland ; and King Edward of England thinking this a fit opportunity for him to be revenged on the Scots , did levie a great Armie , and came to the borders of Scotland , hoping to doe some notable exploit now in the Kings absence . But many things faile that are intended , and princes as well as others may be disappointed of their purposes , and frustrate of their hopes . It seemes he had forgotten , or not well considered what a Lieutenant he had left behinde him , and how good a second Sir James had alwayes beene to his master the King. But howbeit he knew it not perhaps , or would not take any notice of him , yet King Robert knew it full well , and put such trust and confidence in his well knowne worth and sufficiencie , that he durst go abroad out of his owne Kingdome , and hazzard himselfe and the flower of the youth in Ireland , concrediting the Countrey unto his care and conduct , leaving him Governour in his absence , and entailing the Crowne unto him next unto Thomas Randulph , by making him Protectour of the young King during his minority , if he himselfe should happen to die in that voyage , as the blacke booke of Scone doth witnesse . And indeed Sir James did not deceive the Kings expectation and trust , neither did King Edward finde him asleepe , but watchfull and diligent in his charge , as became a good Governour : for he raised an Army to give him battell , and put both him and his people to flight , slew three notable Captains with his owne hand , Sir Edward Lillow a Gascoine , Captaine of Berwick ; others call him Callock , and say that he was slaine at the rescue of a bootie which he had taken in the Merse and Tivedale ; which narration agreeth with the Bruces booke , which calls him Edmond de Callock . The second was Sir Robert Nevill , and the third a Nobleman whom they doe not name , onely they say that Sir James slew him with his owne hand : but the Bruces booke calls him John de Richmond , and sayes he slew him in Jedward Forrest , in the midst of his Armie , Sir James having very few with him , not above fiftie horse , and some Archers , in a strait Cleugh or Valley , betweene two hills , which he had of purpose taken as a place of advantage ; and tying together the young birk trees by their boughs in the way by which the English were to passe , the horsemen being entangled in the thickets , he set upon them and defeated them . From hence it is that some think the Earls of Douglas and Angus have stakes & rice in their Coat of Armes ; yet such points of Heraldrie are hard to interpret and give a reason for them . This was the second peece of service that he did to King Edward himselfe ( say some others ) but others say that the King was not there in person , but sent a great Army commanded by divers Captains , with whom Sir James fought in three severall battells , at three sundry times , and slew all their Chiestains , with most part of their companies . Others againe affirme that in every one of those battels he slew the Commander with his owne hand in sight of both Armies , the which whatsoever way it was , the victorie was notable and glorious . And thus did he governe in the Kings absence . He had beene a good subject before when the King was present , now we see how well he governes when he is absent , and at his returne laying downe his authoritie , and returning to his former subjection , he proves as good a companion and colleague unto Thomas Randulph ( then made Earle of Murray ) with whom the King did joyne him for the prosecuting of the warres . It is seldome found that these vertues are so happily linked together in one person , abilitie to governe , and willingnesse to be subordinate , and obey ; excellencie of parts , and patient enduring of an equall and companion . I have often observed and admired it in these two ( the ground whereof seemes chiefly to have beene in Sir James his love and modestie , as we observe in his carriage towards this man at Bannockburne ) that in all their joynt-services , being equall in authority , and both commanding in chiefe , we never heare of any question , controversie , or debate , of any grudging or heart-burning betweene them , but find them ever agree and concurre , without any dissention or variance , with one heart and minde ( as if they had beene one man ) in all businesse whatsover . Their first association ( after the Kings returne out of Ireland ) was when they went and burnt Northallerton and Burrowbrigs , and spoyled Rippon , where they spared the Church , onely they caused those that fled thither to pay 5000. marks sterling to be free . They burnt also Scarborough towne , and hearing that the people had fled into the woods with their goods and cattell , they went and searched them out , and brought away a great bootie . Then returning home by Skipton in Craven , they spoyled the Towne , and after burnt it without resistance . This was in the yeare 1318. in May. The next was in the year following . 1319. when King Edward having gathered an army lay before Berwick . These two entred England as farre as Milton , which is within 12. miles of York , where the Archbishop of Yorke , and the Bishop of Ely Chancellour , made head against them ; in which conflict there were foure thousand English slain , amongst whom was the Major of Yorke , and a thousand drowned in the water of Swail , and if the night had not come in too soon , the battell being joyned in the afternoon , few or none of them had escaped as it is thought . It is called the battell of Milton or Swail , or the white battell , because there were a number of Priests slain at it , belike they have been apparelled in their surplices . Hollinshed in his Chronicle of England , relateth the manner how it was done : He sayes that as the English men passed over the water of Swale , the Scots set fire upon certain stacks of hay , the smoke whereof was so huge , that the English might not see where the Scots lay . And when the English were once gotten over the water , the Scots came upon them with a wing in good order of battell in fashion like to a shield , eagerly assailing their enemies who were easily beaten down , and discomfited . Many were drowned by reason that the Scots had gotten betwixt the English and the bridge , so that the English fled betwixt that wing of the Scots , and the main battell , which had compassed about the English on the one side , as the wing did upon the other . The King of England informed of this overthrow , brake up his siege incontinently , and returned to Yorke , and the Scots home into their Countrey of Scotland . Their third expedition was that same yeare at Hallowtide , when the Northern borders of England had gotten in their cornes , and their barns were well stuffed with grain , which was their provision for the whole yeare . They entred England and burnt Gilsland , tooke divers prisoners , and drave away all the cattell they could finde . Then they went to Brough under Stanmoore , and returned by Westmooreland , and Cumberland , with great booty and spoil , none offering to make head against them . The fourth was in the yeare 1322. when the King of England grieved with these invasions , having complained to the Pope , had purchased a Legate to be sent into Scotland , to admonish King Robert to desist from further disquieting the Realme of England , and because he would not obey , he with Sir James Douglas , and Thomas Randulph , were accursed by the two Cardinalls , the Archbishop of Canterbury , and York , and all the Priests in England , every day thrice at Masse . These two , Sir James Douglas and Randulph ( some say the King himself ) following the Legate at the heels ( as it were ) entred England , little regarding their cursings , and wasted the Countrey to the Redcrosse , and coming to Darlington at the feast of Epiphanie , stayed there a while for gathering of booty , and destroying the Countrey : The Lord Douglas on the one hand , and the Lord Stuart of Scotland on the other ; the one going towards Hartelpool and Caveland , and the other towards Richmond . The inhabitants of Richmond-shire , having no Captains to defend them , gave a great summe of money ( as at other times they had done ) to have their Countrey saved from fire and spoil . These adventurers stayed 15. dayes in England , and returned without battell . It is said that the Knights of the North came to the Duke of Lancaster , then lying at Pomphret , and offered to go into the field with him against the Scots , but he refused ; whether by reason of the discord between him and K. Edward , or for some other occasion I know not . At this time it is , that the King gives to Sir James Douglas a bounding Charter of Douglasdale , dated apud Bervicum super Tuedam anno Regni nostri decimo quinto , which is either the yeare 1320. or 1322. the first of April . It bears Jacobo de Douglas , filio & haeredi Gulielmi Douglas , militis , which decides the question of his age , and his brother Hughes , who outlived Sir James 12. or 13. years , and calls himself his heire , as shall be showne . It hath also this clause , Volumus insuper , &c. wee will also , and grant for us and our heires , that the said James and his heires shall have the said lands free , ab omnibus prisiis , & petitionibus quibuscunque ita quod nullus ministrorum nostrorum in aliquo se intromittat infra dictas divisas ; nisi tantum de articulis specialiter ad coronam nostram pertinentibus . To return , King Edward conceived such discontent , and was so grieved at this so wasting of his Kingdome , that he gave order to levie an army of 100000. to enter Scotland at Lammas : whereof K. Robert being advertised , entred England neare to Carlile ; and burnt some towns which belonged to King Edwards own inheritance , spoyled the Monastery of Holme , where his fathers corps were interred . Hither the Earle of Murray , and Sir James Douglas came to him with another army , whereupon marching further Southward , they came to Preston in Andernesse , and burnt all that towne also , except the Colledge of the Minorites . This was fourescore miles within England from the Borders of Scotland . Then they returned with their prisoners and booty to Carlile , where they stayed some fourteen dayes , wasting and destroying all about with fire and sword , and so they returned into Scotland on Saint James day , having remained within England three weeks , and three dayes , without any opposition or resistance . They were not long at home when K. Edward entred into Scotland with his army , and passed to Edinburgh , but for want of victualls ( which were conveyed out of the way of purpose by King Roberts command and direction ) he was forced to make a retreat , and goe home the way he came , having discharged his choller with what he could meet with in his return . But hee was quickly followed by the two Colleagues , Sir James and Randulph , who entred England , burnt North Allerton , with other townes and villages as farre as Yorke ; and overtaking the King at the Abbey of Biland , gave him battell , and defeated him . There was taken John Britton Earle of Richmond , who had also the Earledome of Lancaster : he being ransomed for a great summe of money , passed over into France , where he remained , and never came back again into England . The English Chronicle to excuse this defeat , layes the blame hereof upon Andrew Barkeley Earle of Carlile , whom ( they say ) Sir James Douglas corrupted with money , upon which pretext Barkeley was executed , suffering ( good Gentleman ) to cover other mens faults . It doth me good to heare Master John Major answer the English Writers in his round and substantiall manner : It is but a dream ( saith he ) and spoken without all likelihood , for neither were the Scots ever so flush and well stored with moneyes as to corrupt the English , neither was that the custome of good Sir James Douglas , a valiant Warriour , who did what he did , not with gold but with another mettell , sharpe steele . The Earle of Carlile also died without confessing any such thing . Some write that King Robert was there in person , but it is more likely that he was not , but sent these two , of whom we have spoken : however , if he were there , these two were with him . At this battell Sir James tooke three French Knights , Robert Bartrame , William Bartarhome , Elye Anyallage , with their vallats ; for whose relief the K. of France requested K. Robert , and hee willing to pleasure him , transacted with Sir James to give him for their ransome foure thousand markes starling , for payment of a part of which summe , the K. giveth to him the next yeare appearently . ) Indictamenta Latrociniorum , & Ministrationem corundem in omnibus , infra omnes terras suas subscriptas : Scilicet infra . 1. Baroniam de Douglas . 2. Forrestiam nostram de Selkirk , de qua est officiarius noster . 3. Constabularium de Lauderio . 4. Forrestiam de Jedworth cum Benjedworth . 5. Baroniam de Batherewle . 6. Boroniam de Wester-Calder . 7. Baroniam de Stabilgorthane . 8. Raroniam de Romanok . Then in generall , Et infra suas terras quascunque , infra regnum nostrum , cum pertinentibus , quas de nobis tenet in capite . Then followes the Privelledge . Etsi aliqui de hominibus suis , infra praedictas terras , fucrint judicati per Justitiarium nostrum ; volumus quod dictus Jacobus , & haeredes sui , & eorum ministri habeant Liberationem , & liberam eorundem ministrationem , salvis nobis , & haeredibus nostris omnibus aliis particulis ad homicidium & coronam nostram pertinentibus . Tenenda , & habenda praedicta indictamenta , cum administratione corundem , & cum omnibus libertatibus commoditatibus ad praedicta indictamenta , & administrationem eorundem pertinentibus , praefata Jacobo , & haeredibus suis in feuda & haereditate in perpetuum de nobis & haeredibus nostris . Volumus insuper & concedimus pro nobis & haeredibus nostris , quod praefatus Jacobus & haeredes sui , & eorum homines infra praedictas terras manentes Libri sint institu●…m , de sectis curiae , de omnibus terris supradictis , & de Wardis castrorum , nec non de omnibus presis , talliagiis curiagiis & captionibus quibuscunque ad opus nostrum , & haeredum nostrorum , salvo tantum communi auxilio pro defensione regni nostri contingente . Et ut praesens charta robur firmitatis obtineat in perpetuum , manum ejusdem Jacobi , annulo , cum quodam lapid●… qui dicitur ( Emeraudus ) eidem Jacobo , & haeredibus suis nomine Sasinae in memoriale permansuro in futurum ex manu nostra personaliter invectimus . Apud Bervicum super Twedam octava die mensis Novembris anno regni nostri nono decimo , anno Domini . 1325. Then there is a precept directed to Bernard Abbot of Arbrothock , Chancellour , to cause make a Charter thereof under the broad seal , and deliver it to the said James . This I thought good to set down in the owne words , because of the singularity , in that it is the promise of a King fulfilled to his subject , not for any proper debt , or money disburst , but for the ransome of prisoners . 2 It is singular also in respect of the thing given , Inditements , Immunities , Liberties and Priviledges . 3. The forme and manner of it is not ordinary , to hold in feudo , and inheritance without any duty , or reddendo , as they speake . 4 And last of all , the manner of infestment and seasing ; not by earth and stone , but by putting a ring on his finger with the Kings owne hand , and thereby infefting both himself and his heires ( as it should seem ) in this one action without reiterating . All which things how our Lawyers will allow of considering their formalities ; and what their opinion will be of the validitie hereof , I know not ; but we finde here plaine and square dealing , and honourable meaning : whatsoever the subtilties and quirks of Law be , we see an upright and loving Prince , a liberall and bountifull King , willing to honour a princely loyall subject . This and the former Charter given foure yeares before , and such others as may be thought to have beene given after , to corroborate or increase ( perhaps ) these freedomes and priviledges , is it whereunto Archbald the fourth and his successors have leaned and trusted to , in contemning Crighton and Levingston , at what time they told them they would preserve their owne rights and priviledges , and not suffer them to be infringed . And this also hath beene the ground upon which the Bailies of William the eighth Earle , he being himselfe in Italie , would not suffer the Kings Officers to meddle with these priviledged things in his bounds , which men that know not their immunities particularly account treason and rebellion : and so their enemies did terme it , to incense the King against them . This battell at Biland was the last piece of service that Sir James did to Edward Carnarvan , who having found fortune so froward to him in chance of warre against the Scots , was thereby taught to doubt the triall thereof any further , and therefore he sued for peace , which was concluded at Newcastle to last for certaine yeares . In this time of peace , although all occasion of Warlike action was cut off , yet Sir James was not idle , but did good offices for his King and Countrey . K. Robert did esteeme so well of him , and had so good opinion of his prudencie and fidelitie , and did so confide in his love , that he entrusted and employed him in the greatest businesse that ever he could have to doe , which concerned no lesse than the settling of his Crowne , and his title to the kingdome , which Sir James performed dexterously and happily . For being sent into France to John Balliol of Hercourte to procure his resigning all title and right to the Crowne in King Roberts favour , he sailed into Normandie , and having declared his Commission , and delivered his message , he found Balliol very tractable , contrary to all mens expectation ; for he plainly and ingeniously confessed that he had been deservedly rejected and debouted , being no wise usefull nor profitable for the good of Scotland . He said like wise that it was Gods especiall and favourable providence , that had advanced K. Robert thereunto , and therefore he did not repine nor grudge , to see the Kingdome in the hands of his Cousin , by whose high vertue , singular felicity , and great travell , it was restored to the ancient liberty , splendour , and magnificence , but rather rejoyced thereat . And chiefly for that they by whom he was deceived , did not injoy the hoped fruits of their fraud . And calling together his friends and kinsmen in presence of them all , hee did freely resigne unto Robert , and to his heires , all right and title , that he , or any from , or by him , had or might have to the Crown of Scotland , renouncing all interest and claim whatsoever that could be alledged or pretended for any cause , or consideration , from the beginning of the world unto that present day . This being done , Sir James returned into Scotland . This King Robert thought fit to be done , not because his owne title was not good enough before , for it was good already and sufficient , and so found to bee by a better judge then King Edward of England , to wit , the Estates of the Realme , who are the rightest judges in controversies of this nature , and who had power to have made it good , if it had not been so , & might have helped any defect that had been in it , seeing Balliol by his owne fact had disabled himself , by giving it over to King Edward , especially seeing it was prejudiciall , and against the common liberty , and good of the Kingdome , to accept of him who had betrayed these , and was not able to defend them . Wherefore King Robert being in possession , and the Kingdome being confirmed to him , and to his posteritie , he needed no further right from Balliol : Notwithstanding of this , to cut away all pretences of quarrells and calumnies , that malicious men might surmise thereabout afterwards , he thought good to have a renunciation from Balliol of his title , and consolidate that with his owne : whereupon esteeming none fitter for the purpose then Sir James , as well for the honourable place he held , as for his sufficiency to discharge the Commission , not without some consideration of his kindred with Balliol , by the house of Galloway : he laid the charge upon him , which he performed as we have heard . Sir James being thus returned out of France , King Robert being very glad that his businesse had succeeded so well , called a Parliament at Cambuskenneth , in the which the right of succession to the Crowne was renewed to King Roberts heirs , and namely ( failing his sonne David ) to Marjorie Bruce his daughter , and Robert Stuart his sonne . This the Nobility did enact , and confirme by oath in the yeare ( 1325. or 1326. ) and before the sending of Sir James Douglas , as some Authours record . Not long after King Robert fell sick , and partly for that cause , partly in regard of his age , not being able to ride abroad and endure travel himself , he committed the managing of all businesse of weight both in peace and warre to the two Friends and Colleagues , Sir James and Randulph , two of the most noble Knights , and bravest Captains that were in their dayes , as our Writers do say . And now Edward the second was dead , and Edward the third had succeeded to him , to whom Sir James laboureth to do as good service , as he had done to his father . This Edward sent Ambassadours to King Robert to treat of peace , but being discovered to have no sincere meaning , and to deal fraudfully , in stead of peace they carried home warre . So due preparation being made on both sides , our two Commanders assembled to the number of 20000. all horse men : ( some say 20000. horse , and 5000. foot ) and entred into England with resolution not to sight but at their advantage and pleasure , which was the reason they took all or most part horse men , and few or no foote men . Against these King Edward came in person with a great Army of 100000. men , ( as Froysard writes ) 80000. horse , 24000. archers , having brought with him the Lord Beaumont out of the Low-Countries with 700. or 500 horse . The English souldiers of this Army were cloathed in coats , and hoods , embroydered with flowers and branches , and did use to nourish their beards ; wherefore the Scots in derision thereof , made this rime , and fastned it upon the Church doore of Saint Peter in the Canongate , beards hartlesse , painted hoods witlesse , gay coat gracelesse , make England thriftlesse . He fortified the Townes of Carlile and Berwick , and furnished them with men to stay the Scots passages . But they little regarding either his fortifications , or his forces , passed the water of Tine at knowne Foords , and made him first know of their arrivall by smoake and fire : whereupon putting his men in order , he marched directly towards those places that were smoaking , to have given them battell ; but not finding them there , and not knowing how to force them to fight , his resolution was to passe Tine , and there to entercept them at their returne , and to give them battell in those fields where the ground was more levell and even , and so fitter for his Armie . Thither then he goeth with great trouble and turmoiling both of men and horse , by reason of the great raine that fell , as also for scarcitie of victuall ; and after he had lien there eight dayes waiting for them , he could heare no newes of them : wherefore he chose out about sixteene able young men , whom he sent abroad into the Countrey to search for them , promising a great reward to him that should first bring him word where they were . They having roaved up and downe the Countrey , at last one of them fell into the hands of the Scots , who when he had told how K. Edward had sent him to search for them , they let him goe , and withall bid him tell the King , that they had beene eight dayes as uncertain of him , as he had bin of them , and that now they were come within 3. miles of him , where they would stay for him , and abide him battell , being as desirous to sight as he was . When the young man told the King this , he was rewarded with Knigthood , being made such by his owne hand ; and besides that he got 150. pound land to maintain his dignity . Then he gave order that his Army should march towards them ; but when they came neare , they found them so stronlgy encamped upon a hill , having steepe rocks at the one side , and a river on the other , called by Hollinshed the water of Weire , that they durst not adventure to assaile them at so great disadvantage : wherefore they sent a trumpet to them , and desired them to come downe to the plaine ground , and so to sight with true vertue , for honour and empire , and not to sit on the tops of the hils , where no body could come at them . The Scots answered with derision , that they would not sight how and when it pleased their enemie , but at their owne pleasure ; telling him withall , that they were come into his Countrey , and had done as he knew , if any thing that they had done did grieve him , he might come and seeke his revenge : they would stay there as long as they thought meet and expedient for them , and if any should assaile them , they would do what they could doe to defend themselves , and make their enemies smart . So they stayed there three dayes in his view , but he not thinking it safe to assaile them in that place , after some few skirmishes at their watering place , the Scots removed their Camp to another place that was stronger and harder of accesse , which Hollinshed calls Stanhop parke , whither the English also followed them . While they lay there encamped the one over against the other , Sir James Douglas ( who was a provident and watchfull Captaine ) perceiving that the English watches were somewhat negligently kept ( either because they despised the small number of the Scots , or for that they thought they had no mind to fight , but to retire ) adventured upon a hazzardous but hardie and worthy enterprise : he did choose out two hundred of the choicest of his men , and passing the river in the night season , a little off from the English Camp , he entred the enemies Trenches on that side they least expected , and approached the Kings Tent , thinking either to have taken or to have slaine him ; but the Kings Chaplaine being a wake , discovered him , whom he slew with his owne hand for his paines : and now the alarme was given , and the whole Armie was up against him : wherefore having only cut the Kings Tentroapes , he returned safe in spite of them , leaving 300. of them slaine in the place , who offered to hinder his retreat . Upon this show and omen of successe and good fortune , Thomas Randulph would have given them battell in the plaine fields , but Sir James advised him otherwayes , showing him how it was not for them , being so few in number , to deale with so great an Armie in the open and plaine fields , but that their onely way was to use slights and stratagems , and to keepe themselves in places of strength and advantage . To which purpose he told him the Apologue of the Fox , whom a Fisherman finding in his Lodge carrying away a Salmond to his denne for his young Cubs , he drew his sword , and stood in the doore to kill him , knowing he had no other way to get out . The Fox being thus straitned , went and tooke hold of the Fishers mantle ( which lay by ) and went toward the fire to cast it into it and burne it : the Fisher to save his mantle , ranne to the fire , and left the doore free , so that the Fox escaped out at the door , and in his way catched hold of the Salmond , and went cleare away withall , to the fishers great griefe , who had his mantle burnt , his Salmond lost , and the Fox escaped . Even so , sayes Sir James , it fares with us ; we have done these men harme , and they think they have us in the nouse , and in a mouse-trap , but I have espied a way , by which , though it may seeme somewhat hard and troublesome , we shall escape safe without the losse of a man. They continued still in the same place certaine dayes after this , without doing any thing of note or moment on either side ; for the English warned by their late danger , kept better watch then they had done before : and now having taken a Scottish prisoner , they were informed by him , that the host of the Scots was commanded to be in readinesse against the third watch to follow Sir James his standard . This put them to no small businesse , so that they presently armed , and stood all night ranked in order of battell , supposing that the Scots intended to make an onset , and assaile them in their Trenches , and therefore their Watches and Sentinels were doubled , and the Foords strongly guarded . But the Scots by this time were risen and departed , passing through a Mosse or Bogue two miles long , which was never passed before , especially by horsemen : but they had provided flaikes and hurdles , upon which they made the horse to passe without sinking , leading them in their hands , and walking on foot by them . About the breake of day two Scottish Trumpeters were brought to K. Edward , who were taken by his Scouts , and being come before him , told that they were commanded to suffer themselves to be taken thus , that they might tell him that the Scots were gone home , and that if he had a minde to be revenged on them for any thing they had done , he should follow them . But he considering of the matter , and weighing all things , and with what men he had to doe , being both valiant , and able to endure so much hardship , thought it his best to let them goe , and so he returned to London , having seene his Kingdome burnt and spoiled under his nose , for all his great Armie , and himselfe in the midst thereof in danger of his life , or of taking : which effronts he was forced to pack up at this time , not without great griefe and anger without all doubt . And this is the third piece of service done by that so despised man to the posterity of his despiser ; to his sonne before , and now to his grand-childe in the yeare 1327. or 28. neare unto Stanhop park ; which because it cannot be denied , Caxton alledgeth that it came to passe by the treason of Mortimer Earle of March , who being corrupted by the Scots with money , would not suffer ( saith he ) the Earle of Lancaster to passe the water , not very deep at that part to invade them , by which means they escaped . But our Major doth justly scorn that point of corrupting and bribing with money , and doth further affirme , that they had not any conference at all with Mortimer . So that it is likely , that what Mortimer spake in that matter of not following , or invading the Scots at their departure , he hath spoken it out of judgement , and not partiality ; and perhaps more prudently , then they that counselled the contrary . However they confesse that the King missed of his purpose , and being very pensive therefore , broke up his army and returned to London . Amongst other things , they tell that after the Scots were dislodged , some of the English went to view their Camp , partly to see their customes and manner of living , and what provision they had , partly to seek some spoil ; when they were come there , they found onely five hundreth carcasses of red and fallow Deare , a thousand paire of Highland showes called rullions , made of raw and untand leather , three hundreth hides of beasts set on stakes , which served for Caldrons to seethe their meat . There were also five English men who had their legs broken , and were bound naked to trees , whom they loosed and gave them to Chirurgions to bee cured . When they saw these things , and judged hereby how painfull and able to endure the Scottishmen were , they found that counsell to have been good and sound , which was given to their King not to follow them , whether it were Mortimers or some others . The English Writers upon this scarcitie and penury here found , and upon such other passages ( as when Edward the second entred Scotland , and was forced to returne for want of victualls , the King having caused remove all things out of his way ) take occasion to speake contemptuously of the Scots , as though they had not defended their Countrey by vertue and prowesse against England ( between it and which they think there is no comparison ) but partly by cold and hunger , partly because the English Kings did slight it , and were not desirous to conquer it : as also for the English forces were almost imployed in France , so that they had no leisure to bend their whole power against Scotland , which if they had done , they might easily ( as they think ) have mastered it . Imputing hereby the cause of their failing to do it , they having so great ods in number of men and warlike appointment , to want of will , and their hinderance by France , and the poverty of our Countrey , together with the roughnesse thereof ( being so Mountainous , and full of heaths and wasts , harder enemies then the inhabitants ) giving no place to the vertue and valour of the people , very absurdly and maliciously : for as touching the first , that they have had no desire of it , it is a childish alledgeance , when they see they cannot get a thing , to deny that they desire it . The great means they have used , the many attempts they have made , and that common and proverbiall speech so ordinary in their owne mouthes , and devised amongst themselves , ( Qui la France veut gagner , a l' Escosse faut commencer ) do testifie the contrary . And above all , their often intending a full conquest of it , as their owne Histories beare record . And as for the hinderance by France , their aides to Scotland have not been very great , nor very frequent ; yea , it may bee said justly , that France hath received more help then ever it gave : for since the league with Charlemaigne , it may be truely said without any poeticall hyperbole , nulla unquam Francis fulsit victoria castris , sine milite Scoto ; that the French armies never wanted Scottish souldiers , but the Scots have but very seldome had Frenchmen to helpe them . And if the Kings of England have sometimes bended their forces towards France , yet they did it not alwayes , but have made more warre in Scotland , when they had peace with France . And it is amongst the complaints of our Nation , that France have cast them into warres with England , when they might have had peace : Like as when they had advantage by warre , France did often wring their weapons out of their hands , and forced them to a disadvantagious peace , which was commonly the greatest fruits of their friendship and league . Now as for the difficulties of hills , hunger , &c. These are not so great as they talke of ; for neither is it altogether so poore , nor so hilly , and mountanous , as they would have it beleeved to bee ; and if King Robert at this time or any other at any time have caused spoil and waste in the Countrey at some times , thereby to famish or straiten the enemy , or have chosen to vexe or trouble them with a Camp volante to eschew the hazzard of a battell ( as Douglas and Randulph did at this time ) it hath been the practice of all warriours of all Nations : but neither hath it been , neither could it have been , the onely mean of conserving this Countrey in freedome , except manhood and valour had been joyned with it , and that in a great measure ; whereof sufferance and hardnesse to endure great straits , want , scant , cold , hunger , and travell is no little part . As on the contrary , not to be able to endure these , is effeminatenesse , the ordinary consequent of riches , wealth , ease , abundance and delicacie , all reprochfull to men . Even as the other ( I confesse ) are oft the consequences of povertie , and are helps to harden the bodies , and whet the courages of men . Wherefore if they had meant nothing else , but that the poverty of Scotland did preserve the liberty thereof , because it kept the inhabitants in continuall exercise both of body and minde , and did not suffer them to grow tender , delicate and effeminate , but hardned their bodies against want , and their minds and courages against perills and dangers , which they imployed for the defence of their Countrey , and by the which ( as the chief means under God ) they did defend it , we could well admit of it , and acknowledge as much poverty , ( that is to say , want of superfluity ) and vanity , invented by soft and womenly minds , and covered under the maske of civility , as hath begotten in them valour and temperance , as it is said to have done in many people before ; the Romanes , Macedonians , Turks , Parthians , Scythians , &c. But since that is not their meaning , but even to detract from their valour , they exprobrate their poverty , and casts it up for a reproach , to breed contempt of them in others , and to ascribe to it what is due to their worth ; to wit , the liberty , and preservation of their Countrey from all forrain enemies : we may say justly that it hath not been the immediate cause of their being preserved against England , Danes , or whatsoever enemy ; but that there hath been as much sufficiency of things necessary ( call it riches , or by what other name you list ) as hath moved other Nations ( especially England ) to cover it , and coveting to invade it , and when they had done their best , they were driven from it ; not so much by the barrennesse and roughnesse of the soyle , as by many and sad stroakes of the inhabitants thereof ; and by such acts and deeds , as became wise , valiant and couragious men . Touching all which , this one example will serve to confute whatsoever hath been , or can bee said in this kind , then which we need no other proof , and that is this same huge and great army raised by this King ( Edward the third ) and intending to have come into Scotland , if hee had not been thus affronted by Sir James and Randulph : and before in his fathers time at Biland , ( and which admitteth for no exception ) at Bannockburne . In all which there is no colour of want of will ; he showed it , he professed it , and presumed to devoure them in an instant : No want of forces , having gat●…ered from all Countreyes not onely his subjects , but his friends also : no scarcitie of victuall , hee had abundance of all things : no hills nor mountains , they met in the plain fields : no forrain aid on the Scots side that we heare of , besides the two Brabanders , that King Edward sent to help them . And so again whatsoever progresse , or appearance of conquest the English have made of Scotland , it was never by their valour and armes , but by the advantage of an intestine warre , they siding with the one party , and at last overcoming both , as did Edward the first , in the dayes of Balliol ; wherefore they make a wrong account , and much mistake the matter , that thinke the liberty of this Kingdome hath been maintained more by the wants of our soyle , want of will in our enemies , or of leasure in the English , then by the worth of our predecessours , if wee weigh things rightly . But the true way , and mean , by which our Countrey and liberty thereof have stood ; and by which they have relieved and vindicated it , when it was thralled , are these we have spoken of ; by which also they procured peace at all times , and now also at this time . For the same yeare , in March Ambassadours came from Edward to treat of perpetuall peace , which the next yeare was concluded by the Parliament of England held at Northhampton : unto this Parliament for treating of Articles of peace , King Robert sent Sir James , with some Prelates , where it was concluded on these conditions : That the King of England should renounce all title and claime that he and his predecessours had laid to the Crowne of Scotland , and deliver unto them whatsoever Bonds , Contracts , Writs or Evidents , they had for their pretended Title thereto . And should leave that Kingdome as free as it had been in the dayes , and at the death of King Alexander the third , from all bondage and servitude for time to come . That the Scots should also resigne to the English , all lands and possessions , which sometimes they had in England , or held of England in fealty , as beneficiars thereof , and that the Marches between the two Kingdomes should bee Cumberland and Northumberland , unto Stone-moore : That David sonne to King Robert should marry Jane , King Edwards sister , called by some Jane of the Tower , and by the Scots , Jane make peace , ( in derision ) and that King Robert should pay to Edward three thousand marks sterling , for the dammage done to his people in the late warres , by Sir James and Randulph , Earle of Murray . The first of these articles was presently performed , and the King of England delivered all the Writs and Evidents which hee had concerning his alledged superiority of Scotland , and amongst them an Indenture which they called Ragman ( saith Hollinshed ) and certain Jewels won from the Kings of Scotland , amongst which the blacke Crosiere or Rood was one . This peace the same Authour calleth unprofitable , and dishonourable , done by evil and naughty counsell . If it were dishonourable for England , it was so much the more honourable for the Scots that gave the peace . But the dishonour hee meaneth is the renunciation of his title to the Crowne of Scotland , whereof he had fair claiming . King Robert and the Scots had driven him out of his usurpation , and vindicated their liberty by force of armes . And as for his right and title in Law , the world knowes what small account Scotland ever made of his pretensions ; having never been subject unto any but to their owne King. Wherefore it was onely to take away all occasion of cavilling , and the better to keep peace with their neighbours , that they desired this surrender , as they had done before with Balliol , whose right notwithstanding carried a greater show of equity and reason , and truly it is not so much to be wondered at , that King Edward condescended to these Articles ; as it is that King Robert should have yeelded to them , being more unprofitable for him , then for the other : and a man would think it very strange that he should part with Northumberland , or give any moneys to recompense any dammage done in a just warre : and that there should not rather money have been given unto him , as a dowrie or portion with his daughter in law . But the time answereth it , hee was now of a good age , and unmeet for travel , and warres , being wearied with battells , and cloyed with victories , and ceased by sicknesse , he longed for peace to himself , and to his posteritie , but with what fidelity , and how little it was kept by King Edward , we shall heare hereafter . No aliance , nor bond of amity ( which ought but seldome doth tie Princes and great men ) could keep him from breaking of this peace . The marriage was solemnized at Berwick , with all the pompe that might bee , after which King Robert lived not a full yeare . A little before his death being at Cardrois , which stands over against Dumbarton on the other side of the water of Levin : whether hee had withdrawne himselfe by reason of his age and sicknesse , to live a private , and quiet life ; hee called his friends together , and made his last Will and Testament , in which having ordered all his other affaires , hee called to minde a vow that he had made to go into Syria , and there to fight against the common enemy of the Christian name : but because his warres before , and now his age and sicknesse would not suffer him to performe it in his owne person , hee recommended the performing of it to Sir James Douglas , requesting him earnestly to go and do it for him ; and withall , to carry his heart to Hierusalem , and there to bury it neare the holy Grave . This was esteemed a great honour in those dayes , both by Sir James himself and others , and withall a cleare and honourable testimony of the Kings affection towards him ; and so he interpreted it . Wherefore King Robert dying the 7. of July 1329. hee made himself ready , and prepared all things for his voyage very diligently ; yet there were some of the most judicious in those times , who tooke it to have a deeper reach ; and that ( however he did also respect Sir James , and thinke him the fittest for this businesse : ) his main designe was to prevent all dissention , which might have risen between these two great Captains , Douglas and Murray , Randulph to obviate the which , they thinke he devised to send Sir James out of the Countrey upon this honourable pretext . But there bee Authours that say , the King did not particularly designe Sir James by name , but desired his Nobles to choose one of his most noble Captains in the Realme for that effect , and that they after his decease laid it upon Sir James with one consent , who most willingly accepted thereof , as one ( who during King Roberts life ) had served the body wherein the heart had lodged . But whether the King desired him by name , or the Nobility did interpret the Kings meaning to be such ( under the title and description of the most noble Captain ) or that they themselves did deem him to be so ( as indeed he was most worthy ) so it was , that the charge was committed unto him , and he most gladly undertook it , when his presence was very needfull for the Countrey . For before he tooke journey , their fell out a matter that occasioned great troubles afterwards by Edward Balliol . One Lawrence Twine an English man borne , and one of those who had obtained lands in Scotland for reward of his service in the warres , a man well borne , but of a vitious life . This man after King Roberts death presuming of inpunite in respect of K. Davids youth , loosed the reignes to his licentious lewdnesse ; and being often taken in adultery , and admonished by the officiall of Glasgow when he would not abstain from his wickednesse , he was excommunicated ; wherewith being incensed , he tooke the officiall as he was riding to the towne of Aire , and kept him prisoner till hee was forced to redeeme his liberty with a summe of money . Sir James Douglas highly offended with this enormity , caused seek him , that he might be punished ; which Twine understanding , and fearing that he should not long escape his hands if he stayed within the Countrey , sled into France , and addressing himself unto Edward Balliol , he perswaded him to enterprise against the King of Scotland , and recover that which he had so good right to , and so faire an opportunity , which Balliol did in Sir James his absence , by his voyage , or after his slaughter in his voyage . And no question his absence was a strong inducement both to this Edward , and to Edward of England , to attempt the subduing of Scotland ; which he did thinke would prove easie , by making Randulph away ( which he sought to have done by poyson ) Sir James being absent . So that either the Kings devotion ( if it were indeed devotion or his pollicy , ( if it were but pollicie ) in sending of him out of the Countrey , is greatly condemned by our Writers . And to speake the truth it deserves to be condemned , having by so doing sent away so fit and usefull a man , denuding the Countrey of such a Captain in so doubtfull times ; whereas a Prelate or some other Churchman had been fitter for that imployment . And hee ought to have considered that England would be still aiming at the Crown of Scotland , notwithstanding of the late alliance : neither needed he to feare any emulation between Randulph and Sir James , there being such intire love in Sir James towards Randulph , that howsoever he contended with him in vertue , yet his contention was but in vertue , and ever within the bounds of modestie , love , and friendship , behaving himself to him as to his Comrade and Brother in armes , whereof hee had ever given in all the joynt services so evident proofe , especially at Bannockburne , where his love drew him out to have succoured him if there had been need , and the same love and candor ( so to call it ) or courtesie and modesty joyned with true magnanimitie , stayed him from going forward , that he might not arrogate to himself one share or parcell of that victory , whereby the others glory had been eclipsed . And when hee had gotten the victory , hee accompanied him joyfully unto the Camp , no lesse glad then if he had been victorious himself , farre from any hatefull or envious emulation : so that there was small reason to looke for any harme from such a disposition , or any inconvenience from such emulation , but rather to have expected much good from that his so well knowne affection and constancie both towards Randulph , and his native Countrey : however , hee out of his own worthie and good nature taking all in good part , hee passed on with his journey , taking with him two hundred Gentlemen of note , and ( as it is reported ) seaven hundred others . Amongst the Gentlemen of good qualitie , there was Sir William Sinclaire of Rosline , Sir Robert Logane of Rastaslrig , and Sir William Keith . De Froysard ( in his 20. Chapter ) reporteth that after his imbarking in Scotland he arrived at the Sluce , and stayed there some 12 dayes , where he kept such state and port , as if he had been King of Scotland : That he had in company with him , a Knight Banneret , and 7 other Knights of Scotland , and was served by twenty sixe young Squires and Gentlemen of good sort , all his vessels being of gold or silver : That all that came to see him of all sorts of people were ( according to their ranks ) well and plentifully served with all manner of vivers , wines and spices , the best that could be had . He saith also that in his return from Jerusalem , he arrived at the port of Valence the great in Spain , where indeavouring to assist Alphonsus the king thereof , who warred against the King of Granado , then a Saracen , he was there inclosed by an ambush of the enemie , and so lost his life . He carried with him to Hierusalem the Kings heart embalmed and put into a box of gold , which he solemnely buried before the high Altar there : and this is the reason why the Douglas beare the crowned Heart in their coat of Armes ever since . When he had performed this service to his dead Master , he went with such company as he had brought with him , and joyned himself unto such other Christian Princes , as at that time were gathered with great power out of sundry parts of Christendome , to warre against the Infidels ; where he did so notable service , that by his frequent victories , he wan great honour to the Christian name . At last , having accomplished things in those parts with no lesse fame and glory , then Princely Magnificence , he embarked for Scotland , but was cast by storme of weather upon the Coast of Spain , and forced to go a shore on the borders of Granado , where at the same time hee found the King of Arragon fighting against the Saracens that inhabited these parts : Sir James offered to the King to serve him in those warres , and so fought against the enemy valiantly , and with great successe at divers times ; till at last having conceived too great contempt of the enemy , esteeming them no Warriours , he became somewhat too carelesse and secure , so that he was inclosed in an ambush , and slain , with all that were about him : his bones were embalmed and sent home to Scotland , and buried in the Church of Douglas , called Saint Brides Kirk . And thus he died in the yeare 1330. the 20. of August , the next yeare after King Roberts decease . As for his vertues , his actions have declared him sufficiently , yet these in speciall are to be observed : In his youth he was carefull to inable and fit himselfe for imployment , by the study and exercise of letters , and all good and commendable arts , whereby his mind contracting a good habit , was solidly fixed upon the vertues of modesty and sobernesse , and emptied of all envie ; which hardly and very seldome are joyned with these great vertues of courage and magnanimity in a Military spirit and life , which commonly do hinder another . In his riper years we may see his perfect practice of them against the enemy , and towards his friends : In action he was bold , resolute , couragious , strong , diligent , and advised ; and such every way as a stout Souldier or worthy Commander ought to be . Out of action , and in private converse , he was toward , affable , gentle , and courteous unto all : hee was loving to his Countrey , loyall , faithfull and obedient to his Soveraigne ; he contended in vertue with his equalls , free from envie and hatred against any , and through the course of his whole life , without stain or blemish that wee heare of . He is reckoned to have been in battells and incounters against the English fiftie seaven times , against the Saracens and other Infidels thirteene times ever victorious ; thrice as often as hee had been yeares in action , which were about twenty foure from King Roberts Coronation . 1306. untill the time of his death in 1330. which if it be so , wee may see how many things were omitted by our Writers , all that are set down being farre short of that number . Wherefore it is no marvell , if in such a continuall course of victories , some considence crept upon him ; and if accustomed to so hard enemies , and good warriours , as the English , and Scots that sided with them ( as commonly those are , who are born and bred in in the Northern parts of the world ) he disesteemed and slighted the Saracens and Southern softnesse , weaknesse and effeminacie in respect thereof , whereby he fell into this Ambush , which was his death . Now as in these respects it is somewat to be pardoned , so is this use to be made of it , that we despise no enemy however inferiour , and to eschew too much confidence and presumption in whatsoever advantage , which hath been the ruine and losse of many worthy men . He is said to have been of a black and swart complexion , and to have lisped somewhat in his speech . We heare nothing either in History , or Monument , or otherwise of his marriage : he had two base or naturall sonnes , William Lord of Liddesdale ( of whom we shall speake hereafter ) and one Archbald , whom the Lord of Liddesdale made Captain of the Castle of Edinburgh , when hee tooke it in . To conclude , let this bee observed , that Sir James is never mentioned by any either English or Scottish Writer whatsoever , but with honour and commendation , as worthy , valiant , noble , good , or some such Epithete ; and confessed to have beene one of the most valiant that lived in his dayes . Such is the force of vertue , and so prevalent is it , even with enemies . We will not omit here ( to shut up all ) the judgement of those times concerning him , in an old rude verse indeed , yet such as beareth witnesse of his true magnanimity , and invincible mind in either fortune , good or bad . Good Sir James Douglas ( who wise , and wight , and worthy was ) Was never overglad for no winning , nor yet over sad for no tineing , Good fortune and evil chance , he weighed both in one ballance . Jacobus Duglassius Brucii Regis socius omnium laborum in Hispania coesus a Saracenis , 1330. Quicquid sors potuit mortali in pectore ferre Vel facere , hoc didici perficere , atque pati . Prima ubi luctando vici , sors affuit ausis Omnibus , & quid non pro patria ausus eram ? Hosti terror ego : nullus me terruit hostis : Consiliis junxi robora dura meis . Proelia quot numerat , titulos , actosque triumphos Brucius , hinc totidem pene trophaea mihi . Quo jam signa feram ? major quaerendus & orbis Atque hostis ; famam non capit iste meam . Arma Saraceno objeci prope littora calpes Herculeae , hic tellus me male fausta tegit . Herculeae Graecis memoretur Gloria laudis , Fallor an Herculeis stant potiora mea . In English thus , What ever weight in furious Fortune laid On weak mans breast , I suffered undismaid , Nor lesse my active force ; and when I tri'd Her power in warre , propitious fate deny'd No help ; whiles my endeavours well did prove How much I dared for my Countreys love . A terrour to my foes ; I knew no feare , Wisedome and valour both united were In me . And looke what triumphs great Bruce gain'd , As many Trophies were by me obtain'd . What more remaineth to increase my name ? The world appears too little for my fame . To Spain my aid I gave , and did oppose The Saracen , there was the fatall close Of my brave life , wher't may be questioned much If Hercules his Monuments were such . Of Hugh the fourth and ninth Lord of Douglas . UNto this Sir James his brother germane Hugh Douglas did succeed , the ninth Lord , and fourth of that name . Of this man , whether it was by reason of the dulnesse of his minde , or infirmity of his body , or through whatsoever occasion else , wee have no mention at all in History of any of his actions , onely it is certain that he succeeded , and was Lord of Douglas , which he demitted ( in favour of his brother Archbald , slain at Halidoun hill ) to his sonne William , who was the first Earle of Douglas , as shall be showne in his life . The honour of the name and dignity of the house was upheld by his brother Archbald Lord of Galloway , of whom therefore we are now to speake . This Hugh lived after the death of his brother Archbald ( which was 1333. ) some nine or ten years , till the 1343. as the Charter of resignation of the Lordship to his nephew doth witnesse . He died without children , and was never married . Of Archbald Douglas Lord of Galloway , Governour of Scotland , third brother to Sir James . BEfore we proceed to speak of the next Lord Douglas , the time , and order of the History requireth that we speake of Archbald Douglas Lord of Galloway , and Governour of Scotland : he was third brother to good Sir James , as Boetius affirmeth in these words ; Archibaldus Duglasius Germanus Jacobi de Douglas , quem nuperrime in hispania interiisse scripsimus . This Archbald did outlive Sir James not above three yeares , as we shall show hereafter . Neither is the losse of the battell wherein he died , imputed to his youth , but to his haste and indignation . And in the battell of Annand , he shewed wisedome and advisednesse sufficiently . Touching his education , there is no mention thereof in History : he married Dornagilla daughter to Red John Cummin , whom King Robert slew at Dumfrees . This John Cummin was stiled Lord of Galloway , having married a daughter of Allane Lord of Galloway , called Mary , whose elder sister Dornagilla , John Balliol had married : and therefore he is also stiled Lord of Galloway . There was also a third of these daughters married ( as our Writers say ) to the Earle of Abermale : it seemeth the lands of Galloway ( Lord Allane dying without heires male ) have been divided among the three sisters : as for his third wee finde nothing else of her . This Archbald having married John Cummins daughter , the inheritrix of the lands of Galloway , was imployed in the warre against Edward Balliol , whom he defeated and chased to Roxburgh , whereupon for this service , and also by another title which hee claimed as nearest to the house of Galloway by his Grandmother , the Earle of Carricts sister , ( which right wee have deduced at large in the life of Lord William the third maker of the Indenture ) Balliol being forfaulted , hee obtains the lands of Galloway , as Evidents and Histories beare record , stiling him Archibald Lord of Galloway , which continued in his posterity untill the forfeiture of the Earles of Douglas . Some alledge that Red John Cummin did not marry the Lord of Gallowayes daughter Marie , but a daughter of John Balliol of Harcourt in Normandy , called Adama , whom he begot on his wife Dornagilla , who was daughter to Allane Lord of Galloway : but how came Red John to stile himself Lord of Galloway , seeing his wife was Adama Balliol , who had brothers , at least one , to wit , John Balliol that was Competitor with Bruce . However it was , Archbald Douglas having chased Edward Balliol , and Balliol being forfeited , was made Lord of Galloway . This Archibald had by his wife , Dornagilla Cummin , two sons , William , who succeeded to his Uncle Hugh in the Lordship of Douglas , and was created Earle of Douglas , and Archibald after Lord of Galloway : hee had also a daughter called Marjory married to Thomas Earle of Marre . We have heard in the life of good Sir James , how King Robert Bruce before his death had taken all pains for establishing the Kingdome to his posterity , and to leave it peaceablie unto them , and had done for that effect what the wit of man could devise : he had beaten out his enemies by armes , he had ratified and confirmed his right by the Lawes and Act of Parliament , he had obtained a renunciation of all title and claim he could pretend , from John Balliol his Competitor : he had gotten also the like renunciation of the King of England , and all Evidents , Writs , and Monuments concerning his pretences delivered up unto him , discharged and cancelled , and declared to be null , and of no value , by consent of the English Parliament , and ( to be the surer of King Edwards friendship ) he had married his sonne David to Jane his sister . He had cut off the rebellions that were springing up against him , by executing such as were guiltie , established Randulph Tutor and Protector to his sonne , and Governour of the Countrey , hee had removed all occasion of emulation , that might have falne out therein , and setled all with good advice , good precepts , good councell in his Testament , both for peace among themselves , and warre against the enemy . But what is the wit of man , and how weak a thing are his devices ! or what bonds will bind whom duety cannot binde ? This same Balliol , whose father had renounced his right ( nothing regarding what his father had done ) renewed his claim to the Crown . This same King of England , who had himself solemnly renounced , who had bound up friendship with the most sure and strongest bonds that can bee amongst men , regarding neither his resignation made , nor his affinity and alliance , nor any dutie towards God , or faith and promise to man , used all means to strip his brother-in-law ( by consequent his sister ) out of the Kingdome of Scotland ; as if nothing were unlawfull , that could fill up the bottomlesse gulf of his ambition . First , he caused an English Monke ( under colour of giving Physick for the gravell ) to poyson the Governor Thomas Randulph Earle of Murray ; and afterward aided Edward Balliol with 6000. English , upon condition that Balliol should hold the Crowne of him . Edward Balliol entering Scotland with these forces , and being assisted by the male-contents in Scotland , prevailed so , that having wonne a battell at Duplin ( 1332. the 22. of September , the third yeare after the death of King Robert , and about one yeare after the death of Randulph ) in which many were slain , to the number of 3000. together with Duncane or Donald Earle of Marre , the Governour ; hee was Crowned at Scone , and these of the Bruces side constrained to send their King ( David Bruce with his wife ) into France , having no safe place at home to keep him in . After his Coronation , having taken in divers places that stood out against him , he went at last to Annand , receiving such as would acknowledge him , and taking their oath of Allegeance and Fidelitie . Whereupon Andrew Murray Earle of Bothwell ( chosen Governour after Marres death ) sent Archbald Lord of Galloway to see what hee could do against Balliol in these quarters : he taking with him his nephew William Douglas Lord of Liddesdale , and John Randulph ( the Governour Randulphs sonne ) together with Simeon Fraser , having in company with them a thousand horse , went first to Mophet , and having there understood of Balliols carelesse discipline and securitie , departing from thence in the night , he came so suddenly to Annand where Balliol lay , that he escaped very narrowly , being halfe naked ( not having leasure to put on his cloathes ) and riding upon a barme horse unsadled , and unbridled , till he came to Carlile . Others write , that howbeit he came very quietly to have surprised the enemy at unawares in the night time , yet they had notice of his coming , and issued forth of the Towne with a great army , where they fought long , and stoutly , till at last Balliol was overthrowne , and fled . There were slain many of his friends , and amongst these , Henry Balliol ( who behaved himselfe very manfully ) John Mowbray , Walter Cummin , Richard Kirbie . Robert ( or Alexander ) Bruce Earle of Carrict , ( and sonne to Edward King of Ireland ) was taken prisoner , and obtained pardon by the intercession of his Cousin John Randulph . Hollinshed writeth , that somewhat before this time the friends of David Bruce understanding that Balliol did sojourne within the Towne of Perth , had besieged it , but that they were constrained to raise the siege , because of the men of Galloway , who having bin sometimes the Balliols dependers , invaded the besiegers lands under the conduct of Eustace Maxwell ; whereupon hee saith , Archbald Lord of Galloway , with the Earle of March and Murray , invaded Galloway with fire and sword , and brought away great booties , but slew not many men , because they got them out of the way , for feare of that terrible invasion . This narration may bee true in the last part thereof concerning their invasion , but the cause of this invasion is not probable : that the men of Galloway should invade mens lands that lay so farre from them , as they behoved to be , that did besiege Saint Johnston ; for in all liklihood it was besieged by these that were nearest to it , being in kinne , and friends to those that were slain in Duplin ; and both Hollinshed himself , and others , write that it was recovered in Balliols absence about the same time , while he sojourned in Annand , by those that lay neare to it , without mentioning any other siege before that at which it was taken . This battell at Annand so changed the case , that hee who even now was Crowned King ( in September ) who had farre prevailed , to whom all men ( even King Davids nearest friends and kinsmen ) had yeelded , ( despairing of his estate ) was by this act of Archbald Lord of Galloway turned quite out of his Kingdome and Countrey , and compelled to fly into England , to save his life , the 25. of December the same yeare , about three moneths after his Coronation , and was compelled to keep his Christmas at Carlile in the house of the Friers Minors . A notable example of the inconstancy of worldly affairs , and constancy of an honest heart in the Douglas , not abandoning his Princes cause , when others had forsaken it , and also a proof of his good service , and usefull ; for which as he deserved perpetuall praise and favour of his rightfull Prince , so did he incurre great hatred of his enemie , the usurping Balliol ; who the next day after ( the 26 of December ) going into Westmoreland , and there being honourably received by the Lord Clifford , gave unto him the whole lands of Douglasdale , which the said Lord Cliffords grandfather had before in the dayes of King Edward the first . So proudly did he presume , to give that which was not in his power : And so little had he learned the lesson of the uncertaintie of humane affairs , grounded on whatsoever power , appearance , or even successe : and so difficult a lesson it is to learne , where there remains means so great as hee trusted to , the power of the King , and Kingdome of England , with his owne particular friendship and faction within the Countrie of Scotland , which shall indeed have power to trouble the State a while , but not to establish either the Kingdome to himselfe , or any part of Douglasdale to the Lord Clifford . The next yeare , 1333. K. Edward of England having shaken off all colour of duty to his brother-in-law K. David , made open warre to be proclaimed betweene the two Countreyes , which turned on all hands to the disadvantage of Scotland , even upon both the Marches . For the Lord of Liddisdale was taken prisoner on the West hand , he having the charge of that quarter : and Murray the Governour on the middle March was taken likewise at the Castle of Roxburgh , by pursuing the victorie too farre on the bridge , and so excluded from his owne . King Edward took openly upon him the protection of Balliol , having caused him to sweare homage to him , and so with a great Army both of his owne subjects and forreiners , came in person and sate downe before Berwick , and besieged it , both by sea and land . Hereupon the Nobility of Scotland choose Archbald Douglas Lord of Galloway to be Governour , and Generall of the Army , advising him to enter England , and to spoile it with fire and sword , so to force K. Edward to rise from before Berwick , and leave the siege . And this whilest he was about to have done , he is advertised from within the Towne , that Sir Alexander Seaton Governour thereof had made a paction with K. Edward to render the Towne , if he were not succoured by the Scots before the first of August next , and for performance thereof had given him his sonne and heire in pledge and hostage . Hereupon the Lord Governour changeth his purpose , fearing the losse of the Towne , and against the opinion of the wisest of his Armie , marcheth directly towards Berwick , and the third day after he set forth , he came within the sight both of his friends and foes . Before this King Edward ( besides Thomas Seaton , who was given him in pledge ) had taken also Alexander Seaton , another son of the Governour of Berwick ( whilest at a sally out of the Towne he followed upon the enemy too eagerly ) and had now both the brothers in his power , the one a pledge , the other a prisoner . He therefore seeing now that the Towne was like to be relieved , sent to the Captaine , certifying him plainly , that unlesse he did render the towne forthwith into his hands , both his sons should be hanged immediately upon a gibbet in sight of the Towne before his eyes . The Captaine returned him answer , that the dayes of Truce were not yet expired , and therefore desired him either to keep the covenant he had made , or else deliver the Hostages , and be at his advantage . When the King could not prevaile with him , nor breake him off his resolute constancie ( to which his vertuous and generous Lady did also notably encourage him ) he was as good as his word , and performed indeed what he had threatned , against the law of Nations , and against all humanitie , hanging them up almost in the very sight of their Parents , who bore it patiently and constantly for the good of their Countrey , and thought their childrens lives well bestowed in that regard : onely that they might not be beholders of so heavie a spectacle , they retired themselves to their chamber apart . This strange , tyrannicall , barbarous , and monstrous fact is suppressed in the Histories of England , and buried in silence , not unwisely , it being capable neither of defence nor excuse ; and yet is contrary to the lawes of Histories , and the duty of an Historian , who ought ( according to the oath of witnesses ) to tell all the truth , and nothing but the truth ; seeing where the truth is either adulterated or suppressed , the life of History is lost , which consists in particular circumstances , truly related . Neither do I see how this same King ( in the end of his life ) can pertinently and justly be called courteous and gentile , after such a fact , whereof few the like have fallen into the hands of the cruellest Tyrants that ever were recorded in story . And for my part I think certainly , that it is not possible that one who is of a nature truly gentile and courteous , should commit and be guilty of so foule a crime . It is a perpetuall blot and unexcusable , and such as no wit can wash away . So it is still , and so let it ever be branded and detested . So it was by our Governour the Lord of Galloway , and so much did it move him , and so farre stirre up his noble indignation , that he thought he could never be exonered with credit , without avenging of it , or spending his life in the quarrell , and so being resolved to fight , he would never give eare to any counsell on the contrary , nor alter his determination for any difficulty that could be proposed . And now K. Edward ( after that unpleasant spectacle , detested even by the English themselves ) had drawne up his Army , and taken a hill to the west of Berwick , called Halidoun hill , a place very advantageous for him ; and the Scottish Army did stand over against them in battell aray . The Governour commanded to march up the hill , and to invade the English where they stood , altogether against the counsell of the best advised , who both before , considering the inequalities of the Armies , both in number ( they being but few in respect of the English ) and in experience ( being for the most part young and raw souldiers , not yet trained ) had disswaded him from fighting any at all , and now seeing the odds , and inequality of ground , would gladly have opposed themselves thereunto . But all was in vaine : he was so incensed with that so detestable fact , that boiling with anger , and desiring of revenge , and trusting to the goodnesse of his cause , and to the forwardnesse of his Armie , who being inflamed in the like anger , upon the same occasion , were very desirous to joyne battell , esteeming that their earnestnesse of minde would supply their want of skill , and overcome all other difficulties , and thinking in himself , that if having bin a spectator of that vile and cruell murther , he should turne his backe without fighting , it would be accounted cowardise ; he prosecuted his resolution , and commanded to march forward , which was accordingly performed . They were first to descend and go down from a little hill on which they stood , then through a valley , and so to climbe up another hill so steepe that one man may ( as Major saith ) keepe downe foure , such is the scituation thereof on the west side . Wherefore the Scots , ere they could come to stroakes , were almost overwhelmed with shot and stones ; when they were come up , being quite out of breath , and charged from the higher ground , they were borne downe with violence , and slaine . Some write that the first joyning of the battell was at the foot of the hill , upon more even ground , but that the English gave somewhat back towards the side and ascent of the hill , and having gotten that advantage of the rising of the hill , made a fierce onset upon the Scots , who pursued them too rashly , supposing the English had fled , by which meane they were utterly overthrowne . There died of the Scots in this battell 10000. others say 14000. the English writers say 30000. A rare hoast amongst the Scots , though the Countrey had not been divided in it selfe : and there were but few more then 30000. when they overthrew the King of England with his invincible Army at the renowned battel of Bannockburn : but such is the custome and forme of their Writers , to extoll their owne facts , and to lessen their neighbours , for they say there were slaine onely at Bannockburne of the English 10000. and at this battell but 15. how apparently let the Reader judge . Our Writers say there was no small number of them slain , and that it was fought with great courage , neverthelesse of this inequality : neither did the Scots turne their backs , or give ground , untill their Generall ( fighting valiantly in the midst of them ) was slaine . There died with him John , James , and Allane Stuarts , sons to Walter Stuart , in his owne battell , the Earle of Rosse , to whom he had committed the Vauntguard , with Kenneth Earle of Sutherland , Alexander Bruce Earle of Carrict , Andrew , James , and Simon Frasers . Few were taken prisoners , and such as were taken , by the commandment of K. Edward were beheaded the next day , against the law of armes : some few were saved by their keepers , who were more covetous of their ransome , then of their bloud . Such cruelty did this gentile nature practise before the battell ( upon the Seatons ) in the the chase ( upon the flyers ) and after the battell ( upon the prisoners ) in cold bloud . But his aime was to make a full conquest of Scotland , which did faile him notwithstanding . This battell was fought July 22. 1333. called Magdalens day , accounted , by the superstition of the people , unfortunate for Scotland . Thus died Archbald Douglas Lord of Galloway fighting for his Countrey : his love thereof , his indignation against so inhumane a fact is commendable : his magnanimitie likewise and valour is such as became his house : his conduct is blamed , and the cause thereof , whether it were anger or errour : his anger or desire of revenge , though the cause be never so just , should have beene bridled and tempered , and so governed , with such wisedome as might have effected a due punishment indeed , and not so headie , as to have precipitated himselfe and the Countrey into extreme danger and ruine , whilest he sought revenge . Or if it were errour , and too much relying upon the forwardnesse of his Army , that indeed is a thing not to be neglected , but to be taken hold of , and made use of , yet it ought not to be so farre trusted , but well imployed , and managed with judgement , as a good addition to other meanes and helps , but not that the whole hope of the victorie should be grounded and hang upon it alone ; farre lesse ought it to be made use of when there is too great odds . In which case it serves but for a spurre to set us on to our more speedy ruine . If it were feare that he should be thought a coward if he did not fight that moved him , his feare was needlesse : he had given good proofe of it before , and might have given more thereafter : he should have remembred that he was a Generall , and Leader , in whom want of wisedome and government were as much to be blamed as fearefulnesse . He was also a Governour , in whose safety the Kingdome was interessed , and who ought to have regarded the good thereof . In this ballance he should have weighed things , and should have done according to it , though with hazzard of a sinister report for a while , which might easily have beene recovered in the owne time . Concerning which , and all idle fame , and vaine opinion of ignorant people , we have that notable example of that worthy Fabius Maximus , the Romane Captaine , who neither by the provocation of the enemie , nor importunitie of the souldiers , nor disgracefull rumours scattered among the people , as if he durst not have fought , or had colluded with Hanniball , and other such slanders , could be moved to fight but at a convenient time . Nay rather then he would doe it , he suffered the halfe of his Armie to be taken from him , and given to his Lieutenant , as the hardier man than he , who both durst , and would fight , as he bragged . And so he did indeed upon the first occasion , but with such foole-hardinesse , as that he had both lost himselfe , and his whole Army , if Fabius had not come in time to his rescue ; who at that fit time of fighting shewed in effect both what he durst in manhood , and what he could do in wisedome ; and easily made those fond rumours to vanish , to his perpetuall glory , the confuting and confounding of his Competitour , and confession and acknowledgment of his worth from those who had blamed him before . Not unlike to this was the saying of great Scipio the Africane , who being reproached by a certain man that he was not so forward a fighter as he could have wished ( though in very deed he was forward enough ) daigned him with no other answer , but that his mother had borne him to be Commander , not a fighter ; thinking that a Captaines chiefe honour is to command well , and to choose fit times , places , and meanes for fighting . And not to goe any farther ; we heard before in good Sir James his life , how little he was moved at the English Heralds demands , who desired ( in the Kings name ) that he would fight him on the plaine field , upon equall ground , if he had either vertue or honour . Sir James sent him away with derision , as one that had made a foolish request , telling him , that a good Captaine should account it his honour not to fight for his enemies request , but as he found most expedient and convenient for himselfe , in wisedome , choosing the forme , the field , the time , the place , and all for the advantage of his Army , and giving no advantage to the enemy whereof he could possibly hinder him . And this I have insisted upon so much the more , because many that are of good spirits otherwise , do oftentimes erre in this false opinion , and thereby doe both lose themselves and their honours . So that while they affectate to be called hardie fighters , doe prove indeed to be foolish Captains , and ill Commanders , and so doe not eschew reproach , but incurre it . Neither get they the honour of valour , which they seeke , but the blame of temeritie and rashnesse , which they should avoid . So that the Writers speaking of this fact , doe all of them condemne it , and brand it with a note of ill conduct ; and some of them say in expresse termes , Archbald Lord of Galloway was not valiant ( in this case ) but temerarious and foolish ; very truly and wisely , to warne others to take heed , and beware of failing in the like kinde ; very soberly and respectively , restricting it to this particular onely , and in this case leaving him his due praise and commendation in his other actions , as ye have heard hee very well deserved . This defeat drew on with it the surrendring of the Towne of Berwick ( the next day after ) by Sir Alexander Seaton , and of the Castle by Patrick Dumbarre Earle of March , lives and goods safe , themselves giving their Oath of allegeance and fealty to the K. of England . He commanded the Earle of March to re-edifie the Castle of Dumbarre , which he , being not able to keepe it , had demolished , that it might not be a receit to the English . And within a short time this overthrow had wellnigh overthrowne the Kingdome , and the cause : for the greatest part of the Nobilitie , that were not dead before , being slain in this conflict , the rest flying to save themselves , to strengths & defa●…ts ; Balliol assisted by Robert Talbot ( a Noble man of England , whom the King had left with him , with a few English bands ) being aided by his Favourers in Scotland , made himself once more King , and was confirmed by Parliament , within half a yeare after he had been driven out . All yeelded obedience to him , save onely foure Castles , to wit , Loch-leven , Dumbarton , Kildrummie , Urwhart and Lowdon peele , seated on a little lake ; so that no man in Scotland durst call David Bruce their King , except young children in their playes : so far were matters altered by this check ! Where it is to be marked , that as by the wise and wary government of the same Archbald , his Countrey and lawfull King were defended , and Balliol chased out of his usurped Kingdome : So by the same mans oversight in government , both the usurping Edwards ( English and Scots ) are repossessed again therein , and his Countrey plunged into misery , and the rightfull King and his partners brought to great extremitie . Of so great efficacie is good , or evill government : therefore it is so much the more circumspectly to bee looked to , and to bee exercised according to the rules of wisedome , and not after the opinions of men , fame , and reports , anger , or whatsoever other cause doth make men stray from the right and strait course of reason . This was the lamentable condition of our Countrey : But let us have patience a while , and wee shall shortly have better newes . Both these usurpers shall ere long bee driven to let go their hold , and at last be utterly disappointed of all their hopes and projects ; God conserving the liberty of this Countrey , and the Crowne thereof to the rightfull heire , and the Bruces bloud , in whose posterity it shall yet prosper . In which work no little part shall bee the valiant and faithfull efforts of the Douglasses . Amongst whom it were requisite to speake of the next Lord Douglas : But the order of time draws me another way : it being long before his turne come in , even tenne or twelve , or perhaps twentie yeares , as shall be seen in the owne place , for hee hath been young ( it should seeme , ) and abroad out of the Countrey , but in his absence some other of the Douglasses must not be idle . Archibaldus Duglasius ad Halidonem coesus , 1333. Non potuit perferre nefas , foedamque Tyranni Persidiam . Et quisnam sustinuisse queat ? Ergo furens animi , atque accenso pectore inardet Praelia , & ingratas increpat usque moras . Poscimus aut aequo ( dixit ) certamine Martem , Aut certum est fatis cedere velle tuis . Ah nimis ! ah properant ! Non illis ignea virtus Defuerat : nocuit praecipetasse nimis . Nec te victorem jactes , temeraria virtus Sic nocuit . Vinci vis animosa nequit . In English thus , He was not patient enough to see The Tyrants faithlesse fact ( and who could be ) Hence his enflamed breast with anger sweld , Enrag'd at such impediments as held His hand from just revenge . Come let us trie Our chance , and winne the field , or bravely die . If fate will have it so , he said : and all With too much haste obey'd their Generall . No courage wanted , but the hard event Prov'd the act rash , and lose the punishment Of ill rul'd valour . Thou didst nothing gain , Who to his passion yeelds commands in vain . Of William Douglas Lord of Liddesdale , called the stowre of Chevalrie . BEfore we proceed to the rest of the Lords of Douglas , the order of the History requires , that wee speake something of William , not Lord of Douglas , but Lord of Liddesdale , and a worthy member of the house and name of Douglas . The first mention of him , and his actions , is at the battle of Annand , where hee was with Archbald , Lord of Galloway . The last of his actions of importance are in the beginning of the first Earle William , before the battle of Durham the space of thirteen yeares or thereby : which time hee imployed for his lawfull King and Countrey against the usurpers , so diligently as shall bee deduced in the progresse of this Story . Writers call him naturall sonne to Sir James slain in Spain , which is truth : But they erre when they say that John Lord Dalkeith was brother to William Lord of Liddesdale , hee being Liddesdales uncle , and Sir James brother , so master John Major hath Davidis , for Gulielmi , and Hollinshed , and Boetius William for Archbald , who was made Captain of the castle of Edinburgh , by this same William . But it is so clear and manifest whom they mean of , that there is no question to be made of it . However it be , he hath so honoured and nobilitated himself by his vertue , that no posteritie needs to enquire of his birth . We finde that he was married to a daughter of Sir John Grahame , Lord of Abercorne , called Margaret Grahame , by whom he got the lands of Liddesdale , he had but one onely daughter ( Marie ) who was married to Sir James of Lowden , who after the Lord Liddesdales his death , and Margaret Grahames , got the lands of Liddesdale . His first appearing , to wit , at the battell of Annand , hath been spoken of : after that hee was for his wisedome and manhood accounted worthy to have the custody and government of the West Marches , as the charge of the East Marches was committed to Patrick Dumbarre . Being Wairden there , hee had his residence at Annand , where at a certain skirmish with the English , his men were scattered , himself was hurt and taken prisoner , about that same time that Regent Murray was taken at Roxbrough , to wit , in the yeare 1332. before the battell of Halidoun hill , which was the occasion that he was not there with his uncle Archbald , Lord of Galloway . He continued a prisoner untill 1335. and then he and Murray were both set at libertie , having payed a great summe of gold for their ransome . It is strange that these two great Politicians ( the two Edwards I mean ) intending a conquest of Scotland , should have suffered such men to bee set at liberty at any rate , without making them sure to their side ; considering that the detaining of them would greatly have facilitate their designes : and their liberty , being enemies , hinder and annoy them , as we s●…all heare it did not a little . It was apparently the pride of their hearts in that good successe , which made them carelesse and secure , not fearing any danger from these or any else . So doth successe and pride growing thereupon commonly blind men : or so doth God blinde the , wisedome of unjust men , when hee hath a work to do against them . But before wee come to the rest of the deeds of this valorous Lord , we must take a view of the estate of things at that time , that the circumstances ( which are the life of History , and light of actions ) being knowne , the actions themselves may be the better considered . We have heard how desperately things went on the Brucian ( which was the onely right ) side : hee that was lawfull King durst not bee named , nor there was none that durst do so much as on●…e offer to call him King , but the little children in their play , who still stiled him so ; whether by a naturall inclination to their rightfull Prince , or by some spark of Divine inspiration joyned therewith , who can tell ? or who knowes these things ? what motions will either remain of old or spread of new in the hearts of men , where Gods work is to be done ? wise men keep silence , and therefore the stones behoved to cry out , and foolish simple babes beare witnesse that the Bruce was King , for all the usurpers confidence and crueltie : no doubt , it was with great derision , and contempt of the hearers , but the event did justifie it , that it had a secret mover . No man saw the means how it could come to passe , but means will not be wanting , where a work is to be done . This ought to be a heartning to good subjects in their lawfull Princes quarrell , and for good men in all good causes , not to despaire for want of means . Let men do their best , means will come from whence they least dream on : Perhaps it will fall out so here in this case : Out from among the midst of the enemies the first glimpse of deliverance doth arise . There were that conspired against the Bruce to wrack him , and the Countrey , England and the Balliols faction in Scotland , and those had overrunne all . There comes a blink of favour , and hope from Rome , by the procuring of France . The Pope sends to King Edward of England , to desist from invading of Scotland , but that evanished without effect : pride had so farre prepossessed his heart , that he thought himselfe sure to make a conquest of Scotland , pleasing himself in his owne conceit , and supposing Scotland neither durst , nor could ever make head against him hereafter : wherefore he will not do so much as give the Ambassadours leave to come into his sight . A manifest contempt , not so much of the people , as of the voyce of equity and reason : But he called it reason what he had ability to doe : ( Stat pro ratione voluntas ) is the voyce of Tyrannie , and indeed a change being to come , pride behoved to go before ; bùt the working of this is obscure , and not perceived at first openly : dissention amongst the conspirators doth arise upon a light occasion , a gnats wing ( as the Proverb is ) but it growes to a Mountain . Talbot an English man was appointed with Balliol ( as hath been said ) for to govern Scotland , his co-adjutors for re-conquering of it were ( amongst other Scots Englized ) David Cummin Earle of Athole , Henry of Beaumont , John Mowbray an old favourer of that faction , from the time of Edward the first , of whom he had received diverse lands for ill service to his Countrey , which Edward esteemed to bee good ; as indeed it was profitable to him . This John Mowbray was dead , and had left his lands to be divided between his two daughters , and his brother Alexander , or rather as a bone , and a matter of debate amongst the whole faction : for his daughters claiming it as heires of line , his brother by heire-male as entail , the Case was brought to judgement . Henry of Beaumont had married one of the daughters , he therefore was fracker froward that way , as one that was interessed . Talbot and Cummin swayed this way ; Edward Balliol enclined to the other party , and gave sentence for Alexander the brother . Hereupon dissention ariseth ; they grudge and murmure against the judgement , they complain of it in their open discourse , and speaches , as unjust : they withdrew themselves from Court , as mal-contents . Talbot goes into England ( perhaps to complain to the King ) and as he came thorow Lowthian , hee is taken by some of King Bruces party ( who began to show their heads upon this occasion ) and carried to Dumbarton where hee died : Beaumont put hand to work , and without so much as acquainting the King withall , takes Dungard a strong Castle in Buchan , and the rest of the lands that were in plea , hee ceaseth them , and makes them his owne by the law of the strongest . Cummin gets him into Athole and there fortifies himself against whosoever should assail him . This terrifies Balliol so , that he retreats his sentence , and turnes his coat ; agreeth with those two , granting unto Beaumont the lands which he had adjudged from him , and giving Cummin diverse other good lands which belonged to Robert Stuart , who shall reigne afterward , to shew upon what ill ground that gift was founded . But is he the better for this injustice ? for injustice it must be either first , or last , he is not so much the better , as in likelihood he should have been ; for injustice is never profitable . If hee gain one , he losseth another : hee winnes Cummin and Beaumont , but he loseth Alexander Mowbray : who thereupon joins himself to the other party . And thus was this usurpers faction brangled , then bound up again , and after divided again by want of worth in Balliol their head . But this is not all , for it seems that Cummins mind hath not been so much soundly reconciled to Balliol , as it hath been onely plaistered over , which may appeare to bee probably collected out of the History , which they say is thus . Edward of England came with 50000. men into Scotland ; to what purpose so many ? was there warre ? None saith he , nor rebellion greatly , that appeared any where , what doth hee then ? doth he fight with any man ? doth he fortifie Castles ? we heare no word of any such matter . What hath been his intention then ? wherefore came he , and with so huge an Army ? they tell not . But let actions speake , they will tell : All agree in this , that he tooke away Balliol into England ; there is one point : Then hee hath been jealous of him , and hath feared perhaps that he would not continue long his vassall , as his Grandfather had proofe , in Balliols father : but what doth he more ? hee leaves Cummin to guide the affaires in Scotland ; there is another point : Hee makes him Viceroy in Scotland for Balliol , and Balliol in effect prisoner in England . Of which course Edward of England is the Authour , let it bee so ; who will purge Cummin of having been a Counseller , a suggester of information for his owne advancement ? he being a man that did ever hunt after preferment , which he made the scope of his actions , and compasse , by which he ever failed , being also of an aspiring mind , and of a fickle and various disposition and nature . However it be , this is another division in that society between the Edwards , the usurping Kings . And thus much of the estate of their faction . Concerning the other partie that stuck to the lawfull King Robert Stuart , that afterward was King , had escaped Balliols ambush : being but fifteen yeares of age , and by the help of his friends , was conveyed to the Castle of Dumbarton , where hee was received by Malcolm Fleeming Captain thereof . Now both the Edwards being absent , and he having a particular spleen against Cummin , who possessed his private inheritance ; the said Robert with the help of Colin or Duncan Campbell in Argyle ( from whom he obtained an aid of foure hundreth men ) had taken the Castle of Dunholm in Coile , and destroyed the English Garrison there , whereupon the men of Boote ( which was his private inheritance ) had taken armes , slain Allane Lyle there Captain , and Sheriffe , who was placed there by Balliol and Cummin , and were come home very joyfull to their old master the Stuarts . Upon this Thomas Bruce Earle of Carrict with his friends , and neighbours of Coile , and Cunninghame , and William Karrudise of Annandale ( who had ever refused the English yoake ) coming forth out of the place where they had lurked , resorted to him also . John Randulph Earle of Murray was returned from France , and did incourage them with hopes of forreign help of Jefferey or Godfrey Rosse ( Sheriffe of Aire ) had drawne Coile , Carrict , and Cunningham to be of the partie ; Ranfrow was also returned to the Stuarts . By their example , the dependers of Andrew Murray had drawne all Cliddesdale to them , partly by faire means , partly by force . These under the command and leading of Robert Stuart , and John Randulph had passed into the North parts , chaised David Cummin , Governour for the English to Lochaber , and compelled him to yeeld , and swear obedience to David Bruce : Notwithstanding , that the enemy had committed to him so great a charge , as to bee Lieutenant for him in those parts . About this time or a little before , William Lord of Liddesdale returns from his captivity , having been three yeares in prison : And hee is no sooner returned , but that presently he begins to serve his King and Countrey faithfully , and diligently against both their enemies , Scots and Englized usurpers ; recompencing his long imprisonment with his enemies losses , especially in Lowthian : for the more easie performance hereof , and that hee might annoy them that were in the Castle of Edinburgh , ( which was then held by the English ) and them that went toward it , hee lay in wait in Pentland-hills . To him John Randulph , after that he had left David Cummin Earle of Athole Lieutenant for him in the North parts ( Randulph and Robert Stuart were chosen Governours by the Kings party ) did adjoyn himself as to his old and fast friend : from thence they both went to Perth , to a Convention of the States , the 2. of Aprill 1335. But there was nothing done at that meeting , because of the enmity betwixt the Lord Liddesdale , and David Cummin Earle of Athole . The occasion was , the Lord of Liddesdale alledged that hee was detained longer in prison , then other wayes he would have been , by the means of the the Earle of Athole , who ( no doubt ) did thinke it meet for Balliol and the English faction , and therefore advised them to keep him . And certainly he was wiser in that point , then they that set him at libertie for ransome : Now under the colour and pretext of this ill will between him and Liddesdale , Athole was so strongly accompanied with his servants and dependers , that the rest being jealous of his disposition , and fearing his present power did conclude no matter of importance , Robert Stuart enclined toward him , but all the rest favoured the Lord Liddesdale . Robert was young , and knew not the disposition of Athole , which the rest knew better , and what ods was between them in fidelitie , which was not long in discovering . For King Edward of England came with a great army , both by Sea and Land , and brought Balliol with him . So soone as he came to Perth , Athole being solicited to defection from Bruce , he was not very hard to wooe , whereas Liddesdale did still his uttermost endevours for him . One of the Governours ( to wit , Robert Stuart ) being sick , and the other ( John Randulph ) thinking it too heavie a burden for him alone to fight , divided his forces , that so he might the more annoy the King. Now word was brought to him , that there was a great army of the Guelders coming through England , to joyne with Edward , and help him against the Scots . Wherefore Randulph passeth over into Lowthian , to try if he could conveniently intercept them , and cut them off ere they should joyn with the King. There came hither to assist Randulph ( the Governour ) Patrick Earle of Marche , William Lord Liddesdale , and Alexander Ramsay of Dalhousie , and others . These being assembled together , lay in wait for them near Edinburgh in the Borrow moore : and so soon as they came in sight one of the other , without any delay of either side they joyned battell , and after a great conflict , the Guelders were put to rout , and chased to a little hill , where was a ruinous Castle . There they were besieged all that night , and the next day , they rendered themselves , lives safe . Others write that they fled to the Castle hill of Edinburgh , up Saint Maries wind or lane , defending themselves valiantly through the high street till they came to that place , where they slew their horses , and made ( as it were ) a rampart of their carcasses , and so saved themselves . There they stayed all that night , and having neither meat nor drink , nor convenient lodging , opprest with hunger , and cold , and thirst , , yeelded themselves on the morrow . This narration seems not to bee so probable , as the former ; for if it had been at the Castle of Edinburgh , it might have made them more support , at least releeved the Duke , and have saved him . Besides that , the town of Edinburgh should suffer strangers to passe through the midst of them , and neither aid them if they were friends , nor assail them if they were enemies , nor shut their gates if they were neutrall , for fear of some danger to come to their towne thereby , but suffer both parties to have free accesse into their chief street , and to stand as lookers on , it hath no great likelihood . They ascribe also the winning of the field , to the Lord of Liddesdale , who was not ( as Hollinshed sayes ) present at their first joyning battell , but came to it from Pentland-hills in so convenient time ; that if he had not come , the Guelders who fought exceeding well , had got the day . Others make no mention of Randulph , but of the Lord Liddesdale , and Alexander Ramsay with him . Those that write of this battell , tell of a huge and wonderfull stroake given by Sir David Annand in his fury , hee being hurt , stroke his enemy on the shoulder with a Pole-axe , and clave him and his horse down to the hard pavement , in which , the force of the stroake left a great mark long after . And no lesse memorable is the valour of a woman in the Guelders army , who at the beginning of the battell stept forth before her company , and encountred in a single combat or duell a Scotish Squire , named Robert Shaw , whom she slew , and afterwards beat downe her enemies on each side , till at last after a good time shee was compassed about , and so slain . The Duke of Guelder their Captain having yeelded , was courteously , and honourably used , his stuffe and baggage was restored to him , and himself set free . The reason of this was , because Randulph Earle of Murray , having been bred in France , knew that the French King did affect him ; and therefore to gratifie him , he shewed him this favour to let him go without any other hurt or dammage ; onely he made him sweare , hee should never aid the English again against the Scots . This same Author sayes that this was not the Duke of Guelders , but the Earle of Namurs called Guy contrary to all our Writers , who with one consent affirme that it was . And if it were Guy of Namurs , he had alwayes been an enemy , and received greater courtesie then enemies deserve , and more favour then was expedient for the Countrey . Nay , Randulph was not content to dismisse him free onely , but would needs for his safety , accompany him to England , in which journey they were suddenly set upon by the Lord Percie , and the Englized Scots , who had dressed an ambuscado for them , and there Randulph was taken , and the Lord Liddesdale hurt in the leg . The Governour was carried to the two Edwards that lay before Perth , which towne was thereupon soone after rendred unto him . Upon this successe of the usurpers faction , Athole very glad of what had falne out , accounting the prize now wonne , and following forth his fraudulent pollicie revolted again to the usurping Kings ; thinking it safest to side with the stronger , and did now clearly show , how worthy he was of that favour bestowed on him by Robert Stuart , who at the Convention at Perth had appeared on his side against the Lord Liddesdale . And not onely did Cummin come in to them , but undertakes also the government of Scotland once more as Lieutenant for the English , promising to root out all these of the contrary part that should stand out , and would not acknowledge their authoritie . The King of England partly for lack of victuals ( which were put out of the way by the Governour ) partly because of his journey into France , which he was then projecting , returned into his owne Countrey , and took along with him Balliol , who had the name of a King , but was indeed a very slave to another mans affection , for a vain and empty title ; a just reward for his foolish trusting to a stranger in prejudice of his Countrey . Athole being willing to doe what hee had said to the Edwards , that he might approve his service and fidelity unto them ( whereby hee proved also false to his lawfull King , and late benefactours ; his so friendly enemies , who had not onely pardoned him so lately , and saved his life , but trusted him so far , and committed so much to him ) left no kind of crueltie unpractised , that he could against his Countrey , so far , as that almost the whole Nobilitie relented , and became slack and remisse against him , or did yeeld unto him , having forgotten their duty . But behold the reward of such wisedom , and the due fruit of such seed as he had sown ; a fruit that is often reaped of such seed , if men would beleeve , & observe it : though the present appearance , the first buds and blossomes of things do blinde their eyes , & make them choose that which should not be chosen , which is unacceptable to man , and not past over by God , as is seen in this man before the yeare be fully expired . For Robert Stuart being sick , and Randulph a prisoner , there were left but three Noble men who stuck fast , and were faithfull to their King , and Countrey . These were William Lord Liddesdale , Patrick Earle of March , and Andrew Murray who had been Governour . They were so constant , that no promises could corrupt their fidelitie , nor no threatning nor danger could quail their courage so , as to bow their hearts to any English servitude . Some adde unto these the Earle of Rosse , and William Lord Keith . These did greatly hate his unnaturall dealing against his Countrey , and treachery against his promise , and crueltie joyned withall : three things ever odious and hatefull to honest minds . Wherefore understanding that hee lay at the siege of the Castell of Kildrummie , they levied such companies and number of men as they could get , and marched towards him . Cummin being advertised hereof , raiseth the siege , and meeteth them in the fields within the Forrest of Kilblane : There they fought it very hardly , and Cummin being more in number , had overthrown them ( as it is thought ) but that John Craig Captain of Kildrummie , issuing forth with three hundreth fresh men , restored the battell which was almost lost , and gave them an undoubted victory , which when Cummin perceived ( being conscious of his owne ill deserving ) that he might not fall into his enemies hands alive , he rushed into the midst of the battell , and so was slain : Sir Robert Minyeis fled to the Castle of Kenmure ( saith Boetius ) who saith also that Alexander Gordon was he that flew Athole ; but others attribute it to the Lord Liddesdale himself , who for that cause , and for the slaughter of Sir Thomas Minyeis ( it may be they mean Sir Robert ) at the Castle of Lochindors , in the Sheriffe-Sheriffedome of Bamfe , was rewarded with the Earledome of Athole , and is so stiled in the resignation by which hee surrenders it again some foure yeares after ( to wit , 1341 ) the 16 of February in favour of Robert Stuart , Great Stuart of Scotland , whereof the evident is yet extant in the Register . There died in this battell besides Athole , Walter Braid , and Robert Cummin , and a great number of others both Gentlemen and Commons . Sir Thomas Cummin was taken prisoner , and the next day ( being the 1. of January ) he was beheaded . They were not above 1000. or ( as some write ) 500. choice men against 3000. yet the event was ( as wee have said ) favourable to the just and right cause . This battell was fought the last of December , 1337. By this blink of fair weather in such a storme of forrain assaults , things were again somewhat changed , and the Brucians encouraged : wherefore that they might have some face of a settled estate and government , they choose Andrew Murray Regent as hee had been before his captivitie . He went into the North , and in the mean time the Lord of Liddesdale with a company of chosen men passeth over into Fysse , and besieged the Castle of Saint Andrews , Falkland , and Luchers , all which he tooke in with small difficulty , by his wisedome , and manhood , though they were strongly manned , and well fortified , and furnished with munition , and victuall . Major referreth this to the time after the Governour came backe out of the North. After this , he returned into Lowthian to his old haunt in Pentland-hills to wait his time , and watch the English that say in Edinburgh Castle , that hee might slip no occasion of troubling , and molesting them . At last this occasion did happen ; the Towne being full stuft with a great number of Souldiers , both English and Scots : There was a scottish man amongst them of a stout stomack , named Robert Phanderghest whose lot was ●…allen to be on that side , but his heart was with the other party , and hee carried no great good will to the English. This being perceived he was the worse entreated by them , so that one day his head was broken by the Marshall Thomas Kneveton , whereat taking indignation , hee sought all means to bee avenged thereof , and so brought it to passe that he shortly after slew him ; and to avoid the danger of punishment , fled to the Lord Liddesdale , whom having informed of the negligence that was growne amongst the English ; he perswaded him to take advantage of their sloath , he nothing slack in a businesse of that nature , went secretly in the night to the Towne , and slew foure hundreth of them in their sleep , and drunkennesse , before they could make any resistance . About this time Murray the Regent dieth , after he had brought back all the Northerne parts of Scotland to his Princes obedience excepting Perth , a great losse for his Countrey , and hee greatly regrated ; But no losse is without some gain . Robert Stuart had now recovered his health , who was the other Governour ; ( and as some write ) hee assumed the Lord Liddesdale for his collegue , whether that were so or not , and what ever his place and name was , hee was a notable adjunct to Robert Stuart , and under his authority performed much good service , and profitable to King and Countrey with great hazard of his life , by receiving of many wounds ; while he did assail and vanquish greater numbers with far fewer : So that by his prowesse and singular valour hee reduced Tivedale , Niddesdale , Annandale and Cliddesdale ( except the Hermitage ) to the Kings obedience , having expulsed from thence all the English. These lands and strengths were lost again after the battell of Durham , and recovered again the second time , by VVilliam the first Earle of Douglas , which wee have inserted here , lest men inconsiderately should confound , and mistake the one VVilliam for the other . By these doings his name came to bee spred throughout the whole Island , insomuch that Henry Lancaster Earle of Darbie hearing thereof , and being himself a valiant man , and desirous of glory , provoked him to fight with him hand to hand on horseback : but at their first encounter , the Lord of Liddesdale his hand was so sore wounded with his owne speare ( which brake hard at his hand ) that hee was not able to prosecute the combate , whereupon it was delayed . Major maketh mention of his justing , and joyneth Alexander Ramsay with him at Berwick : hee telleth also of one Patrick Grahame , who being provoked and challenged by an English man into the field , told him he was content ; but wished him to dine well , for hee would send him to suppe in Paradise , which hee also did : hereupon hee condemns these justs and duels in time of peace ; so that it should seeme there have been some peace or truce . But wee heare not of any , I doe rather thinke there hath been some assurance at that time . That same yeare , the King of England sent a very valiant Knight named Sir Thomas Barcklay into Scotland with a great power of men to assist their faction : Robert Stuart and the Lord Liddesdale goe against him , and gave him battell at Blackburne ; where the Lord of Liddesdale fought so eagerly , that all his men being slain , he and Robert Stuart having onely three left with them , continued still fighting , and defended themselves till night , which being come on , by favour thereof they escaped , and saved themselves by flight . It was not long ere he recompensed this losse , by the defeating of John Stirline and his company . This Stirline with five hundreth men assailed the Lord Liddesdale at unawares , at a place called Cragens , having but fourtie in his company , as he was journeying without any feare or suspicion of an enemy . This did put him into a great feare at first , but he recollecting himselfe out of that sudden affrightment , fought so valiantly that hee defeated Stirline , slew fiftie of his men , and tooke fouretie prisoners . Afterward the English that lay at Creighton , made divers onsets and incursions upon him , in one of which he was runne through the body with a speare , and was thereby disabled to doe any service for a season . So soone as he was recovered , being accompanied with twenty men onely , he set upon sixty English , at a place called The blacke Shaw , and having wisely taken the advantage of the ground , which was fitter for foot then horsemen , he slew and took them every one . In the same year 1338. the 24. of December , or as others , the 2. of November , he set upon the convoy of the English that were carrying vivers to the Castle of Hermitage , as they were in Melrosse , or neare to it , and defeated them , but not without great slaughter of his owne men : and so having got the victuals , he went and besieged the Castle of Hermitage , tooke it , and did victuall it with the same victuall which he had taken at Melrosse . He vanquished also Lawrence Vauch ( alias Rolland Vauch ) a very valiant man , with a great company of Englishmen . And in the yeare following ( 1339 ) he fought five times in one day with Lawrence ( or William ) Abernethie , a Leader under Balliol , and having beene put to the worse foure times , saith Hollinshed , Boetius , five times , at the sixth time vanquished him , and slew all his men , and took himselfe prisoner , and thereafter presented him to Robert Stuart , who sent him to the Castle of Dumbartan . For these and such other exploits atchieved by him , he was highly esteemed of all men , and got the name which is commonly used of him , The flowre of Chivalrie . He was after this sent Ambassadour into France to informe King David of the estate of the Realme , and to conferre with him about weighty matters , being either chosen for his worth , or only sent by Robert Stuart as his Collegue , and so fittest for that employment . While he was there he obtained pardon of the K. of France , and peace for one Hugh Hambell a famous Pirate . During his absence in France , Robert Stuart had laid siege to St. Johnstoun in the yeare 1339. and had divided his Army into foure squadrons , under foure chiefe Captaines ( each Captaine commanding a part ) of which he himselfe was one , the Earle of March another , William Earle of Rosse the third , and Magnus Mowbray Lord of Cliddesdale the fourth . It was divers times assaulted , but they were repulsed with losse , it being valiantly defended by the English that were within . They had lien at it ten weekes without doing any good , and were now almost quite out of hope to take it ; so that they began to thinke of leaving off , when in the very meane time the Lord Liddesdale arrives on Tay , having brought with him out of France Hambell the Pyrate , with five ships well furnished with men , munition , and weapons . These men the Lord Liddesdale had hired in France of purpose for this businesse ; amongst them were two Knights of the family of Castle Galliard , and two Esquires , Giles de la Hayes , and John de Breise , He landed a part of the souldiers , and left the rest in the Ships to keepe the mouth of the river , and he himselfe marched to Cowper in Fife to take it . It had beene deserted by the Englishmen for want of ●…ivers in the time of Murray the Governour , and now againe it was seized by the Englized Scots for the use of the English. Their Captaine at this time was one William Bullock an English Priest , but a valiant man , who was also Treasurer for them and the faction . The Lord Liddesdale deales with him , that seeing there was no hope of succour from England , and that the Scots Garrison was not to be trusted to , he would forsake the English faction , and enter into King Davids service , promising to procure him lands in Scotland . Bullock accepted his offer , and having obtained his promised lands , hee did much service afterward to the King and the Lord of Liddesdale . Having by this meanes recovered Cowper , he returned to the siege of Saint Johnstoun , where ( as he was ever forward ) he was hurt in the leg with the shot of a Crosbow going to the Scalade . Neverthelesse , he departed not till the Towne was taken , or given up by the Governour thereof Thomas Uthred . The manner of the taking of it was this : when the siege had lasted foure moneths , and was like to have continued longer , the Earle of Rosse by digging of Mines drew away the water , and dried up the Fousses and Ditches , so that the Souldiers going to the assault upon dry ground , and approaching the walls without any let or difficultie , beat the defenders from off the walls , especially by shooting of darts and arrowes out of the Engines which they had caused make : And so they rendred , and departed with bag and baggage in the yeare 1340. Within foure dayes after Stirline was also besieged , and rendred on the same conditions . After the siege of Saint Johnstoun was ended , the Lord Liddesdale rewarded the Frenchmen very liberally , and sent them backe into France well contented . He caused also restore to Hugh Hambell one of his best Ships , which was taken by the enemie during the siege . For Hambell having adventured to approach the Towne with his Ships to give an assault , one of them was taken by the English , and now was restored . Thus K. Davids party did flourish by the faithfull valour of these his good and notable subjects , and prevaile against the pretended K. Balliol : who seeing such successe in K. Davids affaires , durst show his face no longer ; but having lurked a while in Galloway , by changing and shifting places for feare of being intercepted , and wearying of that kinde of life , he returnes into England now the second time after his conquest ; he did not possesse his Kingdome long , and but with little ease or contentment , what by the Scots chasing of him , what by the King of England ( his good Master ) detaining of him little better then a captive . A shadow of a kingdome , or slaverie rather ; being miserable indeed , yet sees he not his miserie , but seeketh it againe , and loseth it againe . But let us returne to our Lord of Liddesdale , who desists not here from doing of good service to his King and Countrey . Edinburgh Castle is yet in the possession of the English : it was too strong to force , wisedome must supply , which was not lacking in him , no more then valour ; a good harmonie , and happy conjunction , which were ever to be wished ! There was one Walter Towers ( of whom are descended the Towers of Innerleith ) a man of his acquaintance , and a follower of him , had ( by chance ) a Ship laden with victuall in the Firth of Tay beside Dundie . Liddesdale causeth him to bring about his Ship to Forth , where ( as he was instructed ) feigning himselfe to be an English Merchant , and sending some slagons of very fine wine to the Captaine of the Castle , he prayed him to take him into his protection , and that he would give such order as the rest of his victuall might be free from all danger and perill of his souldiers , and of the enemie ; promising that if the Garrision in the Castle had need of any thing , he should command any thing that was in his power , so farre as it could reach . The Captaine desired him to send some hogsheads of the same wine , and some bisket bread , and promised him accesse when he pleased : he further warned him that he should come timely in the morning for feare of the Scots , that did make frequent onsets and incursions in those parts . The Lord of Liddesdale being advertised hereof , chooseth out 12. of his best men , and the same night goeth out to Walter Towers ship , and he and his men having borrowed the Mariners apparell , did put it on above their Armour , and so went to the Castle , carrying the wine and victuall with them : he had before placed the rest of his men as neare as he could , that they might be in readinesse , upon a signe given them , to come to the Castle to his aid . Liddisdale himselfe , with Simeon Fraser , and William Bullock ( say our Writers , but his name was Sir John Bullock ) went a little before , and the rest followed a certaine space after . When they were let in within the Bulwarke , perceiving the keyes of the Castle hanging upon the Porters arme , they slew him , and without noise opened the gate , and presently gave the signall , by winding of a horne . This sound gave warning both to his friends and enemies , that the Castle was taken . Both made haste , the one to defend , the other to pursue ; but the Scots having a steep hill to ascend , behoved to come forward the more slowly : for that cause ( lest their Lord should be excluded from his men ) they cast down the carriage in the gate to keep it open , and having fought a sharp fight , at last they that were within gave place : the Captaine with six more were taken , the rest were all slaine . And having thus wonne the Castle , he made his brother William Douglas ( say they , but should call him Archbald ) Keeper and Captain thereof . This same yeare or the next ( 1342. the 30. of March ) Alexander Ramsay tooke Roxburgh in Tividale , and sone after John Randulph was set at liberty in exchange for John Montague taken in France ( saith Major ) and tooke in his owne Castle of Lochma-bene in Annandale . So that by the industrie and efforts of these three Wairdens , the Lord Liddesdale in the middle March , Alexander Ramsay in the East , and John Randulph in the West : the English were wholy expelled out of Scotland beyond the Borders , which fell out in the time of Edward the third : neither did the English men possesse one foote of Scottish ground , excepting the towne of Berwick . Such good service did these Noblemen , with the other good Nobilitie , in the minoritie and absence of their Prince from his Countrey , against the great force of England , and a great part of their owne Countrey of Scotland , being unfaithfull Subjects , unnaturall Sc●…ttishmen . And this these Nobles did even for the love they bore to King Robert , this Davids father , bearing the heat of the day for him , while he is at ease and securitie , with watching , hunger , thirst , cold and great effusion of their bloud , to make the Kingdome peaceable to him , choosing to adventure their lands , their lives , and whatsoever worldly thing is deare unto men , rather then to abandon him , and follow his enemies with ease and quietnesse , under whom they might have lived a peaceable life ; if they would set aside regard unto their honour and duetie . Such is the force of the love of Subjects , beyond all strength of men , and riches of treasures , onely able to bide a stresse , and hold out : As may bee teen by this example to bee remarked greatly by subjects , and entertained above all treasure by Soveraignes , and to be accounted a chiefe , yea almost the onely point of true policy , to love and make much of all men , and most specially their Nobilitie ; that they may in such their Princes straits ( when they shall happen ) endure the better as these men did , which they could not have done , if they had not had authority and dependance , and so been respected by their inferiours : who so would diminish this authority in Noblemen ; abasing them too farre , and making them suspect to Princes , and not safe for them , they erre greatly in policie , and unadvisedly cut the props of the Princes standing , which being brangled but a little , his Kingdome is easily bereft him , all authoritie going away with his owne person : It fell well out with King David Bruce , that these Noblemen were not so , and therefore the more able to doe so great things for him . After these things , they sent Ambassadours to desire King David to come home , and so hee did the 2. of June that same yeare . His first Act was carefully to inquire for , and gratefully to reward such as had suffered in his service , a prudent Act ; But allas ( the mal heur ) it falleth often out that Princes know not all things , and ere they be informed , they many times conclude . The cause of many errours and much mischief hath happened thereby , as it fell out here . We have heard how the Lord of Liddesdale ( amongst many his notable services ) had in speciall expelled the English out of Tividale , and diverse other places , by his wisedome and valour , and was therefore rewarded with the same lands , which he injoyed afterwards as his rightfull inheritance from thenceforth he so used it , as in a manner conquered by himself . He was Wairden , and so defended it : defending ministred justice , and discharged the place and office of Sheriffe , having wonne it from the enemy . This hee did with the tacite consent of the Countrey , and by allowance of those that were in authoritie . Thus being in possession , and trusting to his deserving towards King and Countrey , and the Nobilitie of his bloud , and potencie of that house he was come of ; he looked for no competitour in that which he had taken from the enemy . And not knowing or not caring for the Law ( as is customable to Martiall men ) or perhaps being prevented , being slower in going to King David , or on some such like occasion : the Sheriffe-ship is give●… from him to another . Alexander Ramsay was amongst the first that welcomed King David at his return , and was received kindly as hee had merited , and much made of by him , who for his service gave him the keeping of the Castle of Roxbrough , and together with it ( whether of the Kings owne free and mere motion , or any other suggestion , or by Ramsayes procurement ) the Sheriffe-ship of Tividale , very unadvisedly if hee knew Liddesdales interesse , very ill formed , if he knew it not . Very imprudently ( say our Writers ) who blame the Kings indiscretion , for giving it from William Douglas Lord of Liddesdale , to Alexander Ramsay ; and for withdrawing of it from so worthy a man , so well deserving to whomsoever , for that was to make a division among his owne : so it proved , for VVilliam Douglas of Liddesdale tooke it very highly that Alexander Ramsay , should be preferred before him to that office . But hee was chiefly incensed against the taker of it , as having done him a great indignitie , which makes it apparant that hee hath not onely accepted of it , but sued for it : therefore set altogether on revenge , he suppressed his ire for that present . But after some three moneths , as Alexander Ramsay was exercising the office in Hawick , and looked for no such thing : hee set upon him , and having slain three of his men that stood to the defence of their master , hee hurt himself , and casting him on a horse , carried him to the Hermitage , where hee died of famine , according to the testimony of sundry of our Writers , and the black booke of Sc●…ne , where it is showen that hee was taken the 20. of June , and keeped seventeene dayes without meat , save that some few grains of corne , which falling downe out of a corne lost which was above him , were gathered by him and eaten . Such is the unbridlednesse of anger ( justly called fury ) to be greatly blamed in him , yet they marke the cause thereof , the Kings unadvisednesse in procuring thereby the losse and ruine of so worthy a man of war , farre from his fathers prudencie and probitie . The King ( not acquainted yet with military dispositions ) was marvellously moved therewith , and purposed to have punished it exemplarily to deterre others from doing the like , and therefore caused search very diligently to have apprehended Liddesdale , but in vain : for hee withdrew himself to the mountains , and desert places ; and in time obtained pardon by the sute of his friends , of whom he had purchased good store by his worthy acts for the liberty of his Countrey ; Among whom Robert Stuart the Kings sisters sonne was his speciall good friend . That which most effectually served to procure him favour , was the magnifi●…ke , but true commemoration of the great exploits atchieved by him , the consideration of the time , in respect whereof ( the peace being uncertain without , and things not very quiet at home ) military men were to bee entertained , and used with all favour . By this occasion he did not onely obtain pardon for his fault , but hee got also the gift of keeping of the Castle of Roxbrough , and Sheriffeship of Tivedale ( and all other his lands in Tivedale , or elsewhere restored to him ) which the other had , and which were the cause of the slaughter . This clemencie of King David was ( perhaps profitable for that time , but pernicious in example . ) This fell out ( as hath been said ) three moneths after the Kings coming home , and therefore in October , or ( perhaps in September ) at the head Court in Hawick . His pardon was obtained , and his peace made with the King a little before the battell of Durham , which was in the yeare 1346. the 17. of October : So as hee hath beene three or foure yeares a banished man. After his returne from banishment , finding the King bent upon his journey against England , he wisely and earnestly disswaded him , and did exhort him first to take order with the discorders at home , and before all things to settle them . For the Earle of Rosse had slain the Lord of the Isles , whereby a great party of the Kings army was diminished , the Lord of the Isles men lying back for want of a head ; and so the Lord Rosse , and his men for feare of punishment . So did also many others that lay neare them , retire and go home , fearing least they should suffer in their absence by their neighbourhood to those disagreeing Lords , and be some way endamaged ; wherefore they thought good to provide in time , the best they could against all perrills that might happen . For this cause hee councelled the King , first to settle peace amongst his owne subjects before he enterprised a forraign war ; that peace being settled , and his army united , he might the more strongly , and with better successe invade England . But the King contemning his good and wholsome counsell , ( his French friendship prevailing more with him , then either his owne good , or the good of his Countrey ) hee raised an army wherewith hee entred England , and was encountred by the English at Durham , where the Scots were defeated , King David Bruce taken prisoner , and with him ( beside others ) VVilliam Earle of Douglas , and the Lord of Liddesdale , who were shortly after ransomed or dismissed so much the more easily , for that they had the King , and so cared the lesse for others . This sell out in the yeare 1346. October the 17. as hath been said . While the Lord Liddesdale is a prisoner amongst his enemies , he forgetteth not his friends at home . Sir David Barcklay had slain one John Douglas , brother to Sir VVilliam , and father to Sir James of Dalkeith ( say our Writers ) beside Horsewood : but they should say rather , brother to Sir William , ( for there Sir William is the same Lord of Liddesdale , of whom wee now speake , sonne naturall to good Sir James ) neither was John Douglas slain in Horsewood , but in Kinrosher , by Loch-leven . This Barcklay also had taken Sir John Bullock at the Kings command , and put him in prison in Lindores , where hee died of hunger almost in the same sort that Sir Alexander Ramsay died . The Writers lay the blame on the Nobilitie that envied so worthy a man , and accused him salsely to the King of unsaithfulnesse ; but they tell not in what point . They themselves call him a worthy Chaplain of great wisedome , singular prudencie , and eloquence , beyond any in his time , who had been Chamberlain to Edward Balliol , Treasurer to the rest of the Englishmen in Scotland , and lastly , Chamberlain to King David , and amongst the chief of his Counsellers reputed as another Chussay . Neverthelesse , thus was he delated , and taken away , having done divers good offices in the Common-wealth , and being very necessary unto it . The Lord of Liddesdale had drawne him from the English faction to King Davids party , and he had used him in good services , whereof hee was not forgetfull , ever remaining one of his speciall friends . This giveth men matter of suspition , that his death was for ill will to the Lord of Liddesdale by the King incensed against him , never digesting in heart the death of Sir Alexander Ramsay , whereby the King is blamed , as counseller or follower thereof ; and that Sir David Barcklay enemy to him , did execute it willingly , or did procure the Kings command thereto . The taking of the Castle of Edinburgh , in the yeare 1341. by the Lord of Liddesdale , was plotted by Sir John Bullock , say the Writers , who in quicknesse of wit , and sharpnesse of invention past all men in his dayes . In revenge of this , Liddesdale causeth slay Sir David Barcklay , by the hands of Sir John Saint Michaell ( say they ) but they should have said Carmichaell in Aberdene . A just fact , but not justly done ; the matter was good , the forme ill , being besides and against all order , but who could wait for order in so disordered a Countrey ? when should hee by order of law have obtained justice , his Prince being in captivitie ; his duetie to his friends defendeth the fact , the estate of the Countrey excuseth the forme . God looketh not so upon things : hee had before ( as wee heard ) slain Sir Alexander Ramsay , he must not want his owne share , but who durst doe it ? The avenger of bloud finds the means . Such is the estate of man , what can they lean to on earth ? ere he do not pay that debt of bloud , the Earle of Douglas shall exact it ; his Chief , his Cousin , and to adde that also his owne sonne in Baptisme ( as the Lord Liddesdale was to the Earle of Douglas , for the black book of Scone calleth him his spirituall father ) and thus it came to passe . The Lord of Liddesdale being at his pastime , hunting in Attrick Forrest , is beset by William Earle of Douglas , and such as hee had ordained for that purpose , and there assailed , wounded and slain beside Galsewood in the yeare 1353. upon a jealousie that the Earle had conceived of him with his Lady , as the report goeth , for so sayes the old song . The Countesse of Douglas , out of her Boure she came , And londly there that she did call ; It is for the Lord of Liddesdale , That I let all these teares downe fall . The song also declareth how shee did write her love letters to Liddisdale , to disswade him from that hunting . It tells likewise the manner of the taking of his men , and his owne killing at Galsewood , and how hee was carried the first night to Lindin Kirk , a mile from Selkirk , and was buried within the Abbacie of Melrosse . The cause pretended , or the cause of this slaughter , is by our Writers alledged to be the killing of this Alexander Ramsay , and Sir David Barklay , and some other grudges , and so the Earle said himself , as they say , and so it was indeed , if we looke unto God ; but who doth beleeve him , that it was on his part ? no Writers , no report , no opinion of men doth beleeve it , not untill this day . They lay the cause on his ambition , on his envie of Liddesdales honour , and jealousie of his greatnesse . Reason swaies to the same side , and brings great if not necessary arguments : for what had hee to doe with Alexander Ramsay , that he should for his sake dippe his hands in his owne bloud ? farre lesse for Sir David Barcklay , on whom he himself should have taken avengement , if the Lord Liddesdale had not done it ; this John Douglas whom Barcklay slew , being so neare to himselfe ; but something must bee said to colour things . But this will not colour this blemish , though in a faire body indeed as we shall see hereafter . Doth ambition spring from a great minde ? Doth envie , of vertue ? jealousie , of hatred ? Let noble hearts eschew them ; it is the basest thought that can fall into a mans mind . Right minds love vertue , even in strangers , even in enemies ; generous minds strive to do better , not to hinder such as do well . It is a strange maxime and ill grounded , a wicked wisedome and perverse policy , to keep backe ones friend in whom vertue appeares . It is of follies the greatest folly , to hinder their growth , for fear they should overgrow our greatnesse ; the which when we doe , it comes to passe that wee are outgrowne by strangers , and often by our enemies : yea undermined oftentimes , while our friends ( thus kept under ) are unable to underprop us , as they both should and would do : a just reward of so unjus●… wisedome . But for themselves to put hand in them for their worth , I can finde no name to it . I must wish this Nobleman had beene free from so foul a blot , and I would fain vindicate him , and some small appearance there is , that it was not his fact . But the current of witnesses lay it upon him , and who can contend against all the world . Wherefore let us regrate it and not allow it , eschew it and not excuse it , or follow it , as we are too ready to ●…ollow evill examples . To returne , thus he lived , and thus hee died , for whose Elogium short , but worthie ; let it be said ( as it was then blazed in the mouthes of men , and ●…ited by the manuscript ) He was terrible and fearefull in armes ; meek , milde and gentle , in peace ; the s●…ourge of England , and sure buckler and wall of Scotland , whom neither hard successe could make slack , nor prosperous slo●…full . Hee is stiled by the Writers a second to none , and by consent of that age and voyce of the people , the slowre of Chivalrie : he was often wounded , thrice a prisoner , and ever ready to fight again , what manhood ? what wisedome behoved it to be ? with fifty men , to overcome five hundreth : with twenty , to take and slay sixtie . What invincible minde was it , that being defeated five times in one day , hee had the courage to sight and overcome the sixth time . Let Hanniball wonder at Mar●…llus , that neither overcoming , nor overcome , would suffer him to rest yet was he not thus restlesse that we reade of , a worthy branch of such a stock , a true member of such a house , well retaining that naturall sappe sucked from his Predecessours , of valour , and of love to his Countrey . And thus farre concerning the name of Douglas in this branch thereof , in the time of the minority or absence of the chief . Now let us return to the Principall stock , the Earle of Douglas himself . Gulielmus Douglassius Liddalianus , 1333. caesus Omnia quando habeas , quae Mars dedit omnibus unus Ut Mars Marte ferox fulminet alta tuo , Hoc putes ut patiare parem ; tibi Def●…it unum hoc : Quin age posce hostem caetera solus eris . Johns Heroes . In English thus . Whiles thou alone all valour didst enjoy , Mars doth bestow on those he would imploy , One onely vertue wanting , doth appeare To make thee excellent , thou couldst not beare An ●…all , bate this pride , and thou s●…alt have This honour never souldier was more brave . Of William the fifth of that Name , the tenth Lord , and first Earle of Douglas . UNto Hugh the ninth Lord of Douglas , did succeed his nephew William sonne to Archbald Lord of Galloway , and Governour of Scotland , who was slain at Hallidon hill . Of this William the other great branch of Douglasses doth spring ; to wit , the house of Angus , which overtoppeth the rest , and at last succeedeth unto the place of the stock . Hee it is also that raiseth the house to the dignitie of an Earledome , and doth greatly increase the state thereof . That he was sonne to Archbald , and not to Sir James ( as some doe mistake it ) it is cleare by divers confirmations , in which Sir James is expresly termed his uncle , and Archbald his father . And so doth the Charter witnesse , upon which the confirmation proceeds . The Charter is given by Hugh Lord Douglas brother and heire to the late Sir James Douglas , to William sonne and heire to Archbald brother to good Sir James Douglas . It is dated at Aberdene the 28. of May. 1342. The Kings Charter likewise cleareth it , bearing David dei gratiae , & . Sciatis nos concessisse , & . Gulielmo de Douglas ( saith the one ) Confirmasse dilecto , & fideli nostro Gulielmo de Deuglas militi ( saith the other ) Omnes terras reditus , & possessiones per totum regnum nostrorum , de quibus quondam Jacobus dominus de Douglas avunculus suus , & Archibaldus de Douglas Pater suus milites obierunt vestiti . Touching his marriage , we finde that hee had three wives ! The first was Margaret , daughter to the Earle of Dumbarre and March ; by whom he had gotten two sonnes ; James slain at Otterburn , and Archbald called the grimme Lord of Galloway , and afterward Earle of Douglas : and one daughter married to the Lord of Montgomerie . His second wife was Margaret Marre , daughter to Donald or Duncan Earle of Marre , and afterwards heire , and inheritrix of that Earledome : for this Duncan had but one sonne named Thomas and this Margaret , Thomas twise married : by his first marriage he had one onely son named Thomas also : This second Thomas was married to Marjoric sister to this William Earle of Douglas , but died without issue : his father Thomas married a second wife , Margaret Stuart , who was inheritrix of the Earledome of Angus , but he had no children by her : so that there being none left now of Duncans race , but this Margaret Marre , married to the Earle of Douglas : we finde him stiled Earle of Marre in his wives right in the yeare 1378. whereof divers Monuments and Evidents yet extant do beare witnesse . By this Margaret Marre , he had one onely daughter Isabell Douglas , who did succeed to the Earledome of Marre . She was twice married , First to Malcome Lord Drummond , by whom shee had no children . Secondly , to Alexander Stuart , sonne to the Earle of Buchan , brother to King Robert the third , but had no children by him neither , yet she did resigne the Earledome in his favour , as a Charter given thereupon by King Robert the third to him and his heires , which falling unto her and her heires . Thirdly , the Earle of Douglas after the decease of Margaret Marre , tooke to his third wife Margaret Stuart daughter to Thomas Stuart Earle of Angus , and his heire and inheretrix of the lands , & Earldome of Angus . This Thomas was son to John Stuart , & brother to Walter Stuart the great Stuart of Scotland , who married Marjorie Bruce , daughter to King Robert Bruce . Now this Margaret had a brother who died without issue , and a sister called Elizabeth , married to Alexander Hamilton of Cadyow . Margaret Stuart herselfe was first married to Thomas Marre Earle of the same , and sonne to Duncan or Donald , but had no children by him . Then shee was married to this William Earle of Douglas , by whom she had a sonne named George . This George succeeded to her in the Earledome of Angus , and by gift of his sister Isabel Douglas inheritrix of Marre , he got the lands that she had gotten from her father : which disposition Isabel made to her brother George , and not to James or Archbald , for good considerations to be related at large hereafter , when we shall come to treat of the house of Douglas . And so we see him very fortunate and honourable in his marriage , in his purchases , and in his children : his honourable minde appeares in his deportment to his sister Uterine , whom the Writers call Elconora de Bruce , to whom he gives no lesse then the Baronie of Wester Calder in maritagium to her and her heires whatsoever , with her husband Sir James Sandilands , as the transumpt of the Charter beares , extracted by James Douglas Lord Dalkeith 1420. April 4. The Charter it selfe is not dated , but the giver is cleare , Gulielmus Douglas Dominus loci ejusdem , and Sir James his entaile doth cleare it , in which he is called Earle of Douglas and Marre . This Elionora Bruce had to her father Robert Bruce ( some call him Alexander ) son to Edward slaine in Ireland , and Cousin Germane with K. Robert. He was Earle of Carrict , and after the death of Archbald Lord of Galloway , he married his relict this Earles mother , and had by her this Lady Elionora , who ( as we have said ) was married to Sir James Sandilands . In regard of this marriage , and the Donation of these lands , that house of Sandilands gave the coat of the house of Douglas , a Heart , and three mullets , which none else hath besides him , except those of the name of Douglas . This Earle William was bred in France , and as the manuscript beareth , most part in the warres ; his first returne to Scotland was before the battell of Durham some few yeares , which appears by the forenamed Charter given him by his uncle in the year 1342. Touching his actions after his return , the first was a hard entry at the battell of Durham , where the King made many Knights to stirre them up to fight valiantly ; and first he created William Lord Douglas an Earle . In the morning , being Warden , he is sent to view the English Camp , and engaged among them ere he was aware , he had a number of his men slaine , and himselfe also narrowly escaped . In the battell ( being Leader of the Foreward ) he was taken , and the King himselfe likewise , with divers others . But his successe after is more fortunate : for the better understanding whereof , let us remember the estate of affaires of the Countrey of Scotland at that time . After King David Bruce was taken prisoner at the field of Durham , the English repossessed themselves of the Merse , Tivedale , Liddesdale , and Lawderdale : so that their Marches were Cockburnspath and Sawtray , and from that to Carnilops , and the Corse-cave . Balliol had gotten again his old inheritance in Galloway , and wasted Annandale , Nidisdale and Cliddisdale , with fire and sword , and had also with Percie overrun Lowthian : neither could there be an army made up in Scotland to resist him for some few yeares , so that Balliol behaved himselfe again as King : but we heare that no obedience hee got by the good will of the people . The Scots had chosen Robert Stuart ( who was King afterward ) to bee Governour in the Kings absence , but no great action is recorded , that hee was able to take in hand at such a time , and in such estate of his Countrey . The Earle of Douglas being ransomed or dismist , the more easily for that they had the King in their power , returned home . Thereafter there fell out a matter very greatly to bee lamented , that it should have fallen into the hands of so worthy a person , the killing of the Lord of Liddesdale by the Earle : let me never excuse such a fact , I may well bee sory for it . But I wonder at this , that the Earle after his slaughter , should have obtained his whole estate : not onely that which hee did acquire for his owne vertue and valour in the Borders , as Liddesdale with the Sherisship of Roxbrough , or Tweddale , but also those lands which hee had gotten by his wife , as Dalkeith , Newlands , Kilbugho , &c. But being rightly considered it seemes not so strange , for after the Lord of Liddesdale had slain Sir Alexander Ramsay , the King apparantly hath never pardoned from his heart . But being still incensed against him ( as may appeare in that action the King allowed , or rather moved of Sir David Barcklay in taking and slaying Sir John Bullock a speciall friend of the Lord of Liddesdale , and for ill will and spite of him ( say our Writers ) and that his anger being renewed , and increased by the killing of Sir David Barcklay : It is possible the King hath beene well pleased to heare and know of his ruine , whereupon the Earle of Douglas there being none so able to do it as he , being his Chief and kinsman , having his owne particular grudge , was incouraged to make him away , and having done it , hath obtained his lands the more easily . Our Histories testifie that the house and name of Douglas was divided against it self , pursuing each other for many yeares together with much bloudshed , and all upon this occasion . Belike the marriage of the Lord Liddesdales daughter , to Sir James Douglas of Lowden , Kincavell , and Calder-cleere , hath beene or should have been made in his owne time , which hath moved the Douglas of Dalkeith , Calder-cleere , and them of Strabrock to make head against the Earle , as those who did most resent that slaughter . But at last the Earle ( as commonly remorse cometh after bloud ) repenting , or at the intercession of friends , gives the lands of Dalkeith , Newlands , and Kilbugho , to Mary daughter to the Lord of Liddesdale , by resignation in favour of her ( as is extant in our publick Register ) to regain the favour and dependance of his friends , that were alienated from him ; retaining Liddesdale and his other Borderlands and Offices in his owne person : for we finde in the Register James Douglas sonne to William Earle of Douglas , and Marre , stiled Lord of Liddesdale in a letter of pension of 200 marks sterling granted to him by King Robert the first of the Stuarts . His first care was to deliver his own inheritance from the English bondage , for which purpose having gathered together a company of his friends . He recovered Douglasdale from them , having slain and chased them every man out of it : then encouraged with this successe , the favour of his countrey people increasing towards him , and greater companies drawing to him : he expelled them also out of Attrick Forrest and Tueddale , and the greater part of Tivedale . At that time John Copland ( I know not whether it were hee ) that had taken King David at the battell of Durham , or some other of that same name , was Captain of the Castle of Roxbrough , and seeing that the Earle of Douglas did so prevail against his countrey men , gathered together a great company of them , and went forth to oppose him , but was quickly put to flight , and constrained to retire to the said Castle again . Thus having repressed and ejected the English out of those parts of Scotland , he not contented therewith resolveth to invade them in their owne Countrey : wherefore he accompanied with the Earle of March ( his owne father in law ) and having gathered together a great power of men , as privately , and as secretly as hee could , hee marched towards England . They sent VVilliam Ramsay of Dalhousie before , and gave him order to burn Norame , and to spoil the Countrey about , to draw the English upon their hoast , which lay in ambuscade at a place called Nisbet-moore . Ramsay having done his part very dexterously as he was injoyned , having gathered together a great bootie of cattell , made as if hee would drive them into Scotland . The English to recover their goods , pursued him eagerly , and he flying of purpose drew them into the ambushment , where the Scots arising suddenly , set upon them fiercely , and put them to flight with great slaughter . There were taken prisoners , Thomas Gray and his sonne , with John Darcy a Noble man , and many others , even the greatest part of them . After this ( being encouraged by their former successe ) they did enterprise against the towne of Berwick , and took it in by scalade , not without great opposition and resistance , having been discovered by the watches . They had in their company Eugenie Garrantiers , with some fouretie Frenchmen more , whom John King of France had sent into Scotland a little before , with foure thousand crownes to wage souldiers therewith , and this was all excepting fair promises , a weake support in so great a strait ! and let it bee well marked , that men may see how farre they erre from the truth , that alledge that our Countrey and the liberty thereof hath been maintained and upheld by support from France , and not by the valour and industry of the inhabitants . The Nobility tooke the money , and divided it amongst themselves , prosecuting the warre in their owne manner by frequent incursions and inrodes . These fouretie were present at this exploit , and at other occasions where they behaved themselves valorously . It is said by some , that Thomas Stuart Earle of Angus was present at these surprises , and that he had a chiefe hand in it , as being the man that first broached it , and drew the rest to it by his perswasion : But most Authours mention onely the two former . There were slaine within the towne of Berwick , Alexander Ogle , Governour thereof , Thomas Percie brother to the Earle of Northumberland , and Edward Gray with others : but they could not winne the Castle which he held against them : whereupon King Edward coming to rescue it ; they being not able to keep the towne , rifled it , and then burnt it , and razed the walls thereof , in the yeare 1355. King Edward caused repair it again , and while that was in doing , he went himself to Roxbrough , where he kept his residence for that time : Thither came Balliol , and being wearied ( as may be supposed ) of his titular Kingdome , resigned all that hee had , which was a show and pretense to it . The King of England requesting instantly that hee would avenge him of the injuries done to him by the Scots , who would not acknowledge nor obey him , but had expelled him out of his Kingdome : King Edward heard him very willingly , and upon that pretext invaded Lowthian by sea and land : but his Navie was dispersed and broken by storme of weather , and by land the victuall was put out of the way , so as he was constrained to retire home again , after he had powred out his fury upon Edinburgh , Hadington , and other townes in Lowthian which lay in his way . He being gone , the Earle of Douglas passed into Galloway , and partly by force , partly by perswasion and entreatie , hee reduced that whole Countie to the Kings obedience ; and caused Donald Mackdowgall one of the principall men in Galloway , to take his oath of allegiance and fidelitie in the Church of Cumnock . Hollinshed attributeth this to the Lord of Niddisdale his brothers sonne , naturall sonne to the Lord of Galloway : he tooke also by force the Castle of Dalswinton and Carlaverock , and razed them . Some Histories say they were razed by composition , and upon agreement by King David himself after his returne . At this time also John Stuart sonne to Robert the Governour recovers Annandale from the enemy , and Roger Kilpatricke took in Disdeir . And even as before in their Kings minority they had done : so now during his captivitie , these his faithfull subjects made his enemies to reap but small profit of all the pains , having now again delivered this Countrey from them almost every where . Let it be remarked ( as wee said before ) to the end that Kings and Princes may think it the best policy that can bee to procure and entertain the love and heartie affection of his subjects , and more specially of his faithfull Nobilitie . Shortly after this they write , that the Earle of Douglas went into France with 3000. men , and was made Knight of the chiefest order in that Kingdome : he was present at the battell of Poictiers ; where the field being lost , and John King of France taken prisoner by Edward the black Prince ( son to King Edward the third ) the Earle of Douglas escaped very hardly , being rescued by his own men , of whom there was slain Andrew Stuart , Robert Gordon , Andrew Haliburton , and Andrew Vasse Knights . Archbald Douglas , son naturall to good Sir James , and brother to the Lord Liddisdale was taken prisoner , and with him William Ramsay of Colluthie . Archbald was known for a man of qualitie , but the other not known to be a man of any estate , and they perceiving it , the more to deceive their taker , Archbald used him as his serving-man , making him to pul off his boots , and do such other drudgerie , by which means he was set at libertie for a small ransome . Now , as these actions of warre do shew his valour and love to his Countrey , so likewise there fell out an occasion at home in matter of State Policie , which did no lesse manifest his prudencie , magnanimitie , and affection to his native soile ; which was this : King David being returned from his captivity , after he had spent some five years in settling of the troubles and affairs of his Kingdome , after he had fined such as had fled first at the battell of Durham , and composed such broiles and disorders as were amongst his subjects , at last in the year 1363. he kept a Parliament . There he propounded unto the Estates , that they would give way to the uniting of the two Kingdomes of Scotland and England ; and seeing he himself had no children , be contented to give way , that King Edward of England , or his son , might be his Successour . Whether he made this proposition , because he did judge it indeed to be most profitable for both Kingdomes , so to end all their quarrells , and warres , or that he had taken a great liking of the King of Englands son , or else that he had been constrained to promise and sweare to do it by King Edward , when he was in his power , or some other occasion , it is uncertain . But the motion was so ill taken by all that were there present , that they had no patience to stay till every mans vote were asked in his turn , but altogether with one voice did cry out with a confused noise and clamour , detesting it , and protesting , that so long as they were able to bear armes , they would never give their consent thereunto ; that they had one of age to be heir already , whensoever God should call him . Especially the Earle of Douglas took it so to heart , that he entred into League with Robert Stuart Earle of Stratherne , ( who was next heir , and was chiefly prejudiced hereby ) with Patrick Earle of March , George Earle of Murray his brother , John Stuart of Kile , ( afterward Robert the third ) and Robert Stuart of Monteith ( after Duke of Albanie ) to withstand and oppose this businesse to the uttermost of their powers , in case the King should prosecute it , and to desend themselves if he would use violence against them . And they were so forward herein , and went so farre on in it , that it had almost come to an open rebellion . Neither were they reconciled untill the King changed his purpose ; And then by the mediation of the Prelats of the Realm , they desisted , and gave their oath of fidelitie to him again in the year 1366. having been at variance and jealousie the space of two or three years . The English Writers would make it seem to have been but collusion , and that the King did but propound it for exoneration of his promise to King Edward , and was glad of the refusall , for that he was not to labour further in it . But our Histories signifie no such thing , and say directly that he did it sincerely , and was highly offended with the deniall for the time , and that those who had refused , looked for the worst , and set themselves for defence ; yea , that they went so farre , that some of them made incursions upon the towns and villages in the Countrey , to terrifie the King ( saith Major ) and that he might learne to know , that the whole Kingdome did not altogether depend upon him , but upon the good counsell , and mature advice of the Nobility . And Boetius writes , that the convention being dissolved , there followed rebellion of some of the Nobility : whilest they feared that they had offended the King with their free speeches , determining to enterprise and do somewhat before they should be caused to suffer . Such is the force of jealousie when it entereth into mens breasts . And therefore it is to be eschewed with great care , and the occasions thereof cut off betimes : For it cometh often to passe , that upon such suspitions , when neither partie have had an ill meaning , but have been afraid of ill , and sought to prevent it , such inconveniences have followed , as would not have fallen out otherwise . And therefore above all things assurance should be given to Counsellours , and free voters , that in their free delivering of their opinions , they shall not offend there ; or if they do suspect they have offended him , the suspition should be removed betimes , and they put in securitie . And this King David did in this matter , as the most judicious of our Writers say . They that had carried out against it most freely ( saith he ) hearing that the King was angry , were about to have made defection , whose fear when the King understood , he remitting all wrath , received them immediately into favour . By this wise government and modestie on all sides suspition was taken away , and howbeit he was offended for the time , because they did not yeeld to his desire , yet afterward he rejoyced greatly ( as certainly he had great cause ) to see the true and heartie affections of his subjects to their Countrey , to his own bloud , and the house of Bruce , the uprightnesse , sincerity , and magnanimitie ( vertues requisite and necessary for Counsellours ) in resisting even himself for himself , for his own honour and good , which were both greatly interessed by this his desire , if he had obtained it ; being so prejudiciall to his sister , and her off spring , who have happily succeeded yet since , besides the breach of oath to his father , the servitude of his Countrey , subjecting it to strangers , and the stain of his honour for ever , to have been the authour of so unworthie a fact . And without all doubt , it was greatly against the security of his own Person , in regard of the ambition of his designed Successour and Heir ( King Edward ) and his impatiencie to abide Gods leasure , who in a colder hope , had used indirect means to make away Thomas Randulph . What would not that man have attempted for a certain possession ? And what miserable case had the Person of this good King been in , if he had gotten his own will ? if his will had been accounted as a Law by these his subjects ? A notable example to Counsellours , of freedome , where their Princes good , and the good of their Countrey doth require it : to Princes of modestie in opposition made to that which may be their will for a time , and whereunto for the present appearance they may be verie bent . A happy King that can so dispose himself not to be wedded to his own affections onely ! Or if not so , yet happy is hee that hath such Counsellers , who will resolutely remonstrate the right , and stand to it , by which means he may be brought to examine his own affections , to see the errours of them , and rejoyce thereafter that he did not what he most desired . Certainly , this King hath rejoyced at it all the rest of his dayes , living in great quietnesse some foure or five yeares . There was not any grudge , heart-burning or suspition after this between him and any of them : such was the integritie of heart on both sides , and so it should be in reconcilements ; otherwise enmities must be perpetuall , or would be so , if it were not hoped that the reconciliation would bee sincere , and entire . Nay , where it is not so , that peace is worse then any warre , and nothing else but a snare to entrap men . King David died in the Castle of Edinburgh in the Towre which he himself had caused build , and is called from his name Davids Towre , in the yeare 1370. the nine and thirtieth yeare of his reigne , and was buried at Holyrood-house . After his decease there was a Convention of the States at Linlithgow , to have Crowned Robert Stuart son to Marjorie Bruce King Roberts daughter . Thither went the Earle of Douglas , and did claime the Crowne ; where he was so strongly accompanied , that they feared hee would have taken it by force , if it were not given him voluntarily . He alledged that he was to be preferred before Robert Stuart , because his right was derived both from Balliol and Cummin : Now for the better understanding of the ground of his claime , wee must remember that King Alexander the third dying without heires , the title of the Crowne was devolved to David Earle of Huntington , brother to the said Alexanders Grandfather , King VVilliam . This David of Huntington ( as Histories relate ) had three daughters , Margaret , Isabel , and Alda or Ada. The eldest ( Margaret ) was married to Allane Lord of Galloway ; Isabel the second , to Robert Bruce , called commonly Robert the Noble ; the third , Alda or Ada , to Henry Hastings , whose Posteritie doth still yet happily with good report possesse the Earledome of Huntington . This Alane Lord of Galloway had by his wife Margaret ( eldest daughter to David ) two daughters ( as is most commonly reported ) Dornagilla and Mary . Dornagilla his eldest daughter was married to John Balliol , father to that John Balliol who was afterward Crowned King of Scotland . Mary his second daughter was married to John Cummin Earle of Marre , and ( by her ) Lord of Galloway , called Read John Cummin slain by King Robert Bruce at Dumfrees . Some write that this Alane had three daughters , and that the eldest was married to one Roger Earle of Winton , of whom seeing we have no mention in pretension to the Kingdome , it is apparent that either there hath been no such woman , or that she hath died without children . Buchanan sayes he had three daughters at his death in the life of Alexander the second . Also Boetius ( in his thirteenth book , fol. 294. ) saith the same , and calleth this man Roger Quincie Earle of Winton , who ( saith he ) was made Constable for his father in law Alane , and continued in that Office untill the dayes of King Robert Bruce , and then being forfeited for treason , the Office of Constable was given to Hay Earle of Arrall : hee sayes also that John Cummin did not marry one of Alanes daughters , but one of this Quincies Earle of Winton , who had married the said Alanes eldest daughter , which is carefully to bee marked . Hollinshed sayes the same in his Chronicle of Scotland , and calleth him Roger Quincie . John Cummin had by Mary his wife one onely daughter , called Dornagilla , who was married to Archbald Douglas slain at Halidon hill , father to this Earle William , of whom wee now speake ; whereby hee was Grandchild to Mary , and great Grandchilde to Margaret ( David of Huntingtons eldest daughter ) and by consequent reckoning from David of Huntington his daughter , 1 Margaret , 2 her daughter Mary , 3 Martes daughter , 4 this Earle William is the fourth person . On the other side , for Robert Stuart , reckoning likewise from the said David of Huntington ; his daughter 1 Isabel , her sonne , 2 Robert Bruce Earle of Carrict , 3 his sonne King Robert , 4 his daughter Marjory . 5 her sonne Robert Stuart is the fifth person , which is a degree further then the Earle of Douglas , who was in equall degree with Marjory his mother . This reckoning is not unlike that whereby Robert Earle of Carrict did claim it before when he contended with Balliol ; for Bruce was a Male and a degree neerer , equall with Balliols mother , and this Earle was also the Male , and a degree neerer then Stuart , equall with his Mother ; and besides all this , he was come of the eldest of Davids daughters , which Bruce was not . This was the ground of his claim ; but finding his pretension evill taken , and disliked by all the Nobility , and disputing that which had been decided long before in favour of King Robert Bruce , who had been confirmed King , and to whom Balliol had renounced whatsoever right he could claim ; to whom also and to his posterity they all , and Earle Williams owne predecessours , had sworn obedience , and continued it the whole time of his life , and of his sonne David the space of 64. yeares . To which Robert Bruce , and not to David of Huntington , Robert Stuart was to succeed ; wherefore the Earles chiefest friends George and John Dumbars , Earles of March and Murray , his brothers in law by his first wife , and Robert Ereskene his assured friend , keeper of the three principall Castles in Scotland , Dumbartan , Stirlin and Edinburgh , disswaded him from it : And so he was contented to desist , and joyning very willingly with the rest of the Nobilitie , accompanied him to Scone , and assisted at his Coronation ; being no lesse acceptable and commended for his modest acquiescing , then he had been before displeasing for his unseasonable motion . For the which in token of his good will , and that hee might so much the more tie the Earle to him , the new King bestowes two very honourable gifts upon him : His eldest daughter Euphane on the Earles son James , that failing heires Male , the Crowne might so fall to his house . The other benefit was bestowed upon the Earle himselfe , the marriage of Margaret Stuart Countesse of Marre and Angus , daughter and heire to Earle Thomas : This Countesse of Marre and Angus did beare to this Earle , George Earle of Angus , that was married to one of King Robert the thirds daughters ; as we shall see in the house of Angus . It is knowne that these two lived after from thenceforth in good friendship , as Prince and Subject without suspition , grudge , or eye list on either partie ; for neither did the King remember it as an aspiring , whereby to hold a continuall suspicious eye over him ; neither did he feare the King as jealous of it , or as esteeming that he had suffered vvrong in the repulse , nor seekking any means to prosecute it further , laying aside all quarrells vvith the cause in sinceritie on both sides . This should be the practice of all honest hearts , and is the onely mean to end all debates , entertain peace , and keepe humane society : farre contrary to this novv called vvisedome of dissidence , distrust , jealousie , curbing and keeping under those vvith vvhom vvee have had any difference , vvhich is the onely vvay to foster variance , and to make enmitie eternall . For trust deserveth truth , and moves a man to deserve that trust , and to be vvorthy of it . Time vvins and allures even the wildest minds of men , and also of beasts , even of fierce lions , if it bee not a monster in nature , or worse then a monster , one amongst a thousand , which is the onely true and solid policie , that makes the hearts of men ours ; for men must be led by their hearts , and by no other way , and so imployed , or else let no man thinke ever to make any great use of them . King Robert after his Coronation made divers Earles and Barons ( or Lords ) and Knights ; amongst whom James Lindsay of Glenaske was made Earle of Crawford . This same yeare the peace with England was broken , which had been made with King David at his releasing from captivitie for foureteene yeares , and had now continued not above foure or five yeares onely . The occasion of it was this : there is a yearely Faire in Roxbrough , and some of the Earle of Marches servants going thither , were slain by the English that kept the Castle thereof . When the Earle of March craved justice , and could not obtain it , the next yeare when the Faire day came again , hee having gathered a sufficient power of men , invaded the Towne , slew all the Males of any yeares , and having rifled it , and taken a great spoil and booty , he burnt it to the ground . We reade that a good while after this , the Earle of Northumberland and Nottingham set forward toward Scotland with an army of three thousand men at armes , and seaven thousand archers , and sent forth Sir Thomas Musgrave with three hundreth speares , and three hundreth archers to Melrosse , to trie what hee could learne of the Scots in those parts , with whom the Earle of Douglas encountring , tooke Sir Thomas himself , a hundreth and twentie prisoners , besides those that were slain . The same yeare ( 1380. ) the Earle Douglas entred England with twentie thousand men , and went to the Faire of Pennure ; and having taken all the goods that were there , he burnt the Towne . Hollinshed in his English Chronicle speaking of that journey ( in all likelihood ) saith they brought away fouretie thousand cattell , and were assaulted by the way , but came into Scotland with the prey , having lost some few of their men ; he sayes the occasion of it was , because the men of Newcastle had taken a Scottish ship well known to be a Pirate , but very rich , worth seaventy thousand pound , whereat the Scots being angry , and offended , made this incursion . About this time the Earle of Douglas intreateth for mercy to James Lindsay Earle of Crawford , who had been banished a certain time before for killing of John Lyon , sonne in law to the King , and Chancellour ( as some call him ) or Secretary as others : hee was the first of the name of Lyon , of whom the house of Glammes is descended . This Lyon was a young man endued with all the naturall gifts of body and minde that could be . Hee was comely in personage , well bred , and of a good carriage , & winning behaviour , which made him to be wel liked of of all men , and in speciall by this James Lindsay , who received him into his traine , and made him his Secretarie . By this occasion being often at Court , the King tooke notice of him , and liking his deportment , and upon Crawfords commendation , tooke him into his service , and made him his Domestick Secretary . It fell so out at last , that the Kings daughter ( by Elizabeth Moore ) fell in love with him , and was made with childe by him ; which he revealed to the Earle of Crawford . The Earle fearing that the King would take the matter heavily and hainously , and use the young man hardly , devised this way for his safetie : hee causeth another Gentleman of his acquaintance to take the blame on him , and to absent himselfe as guilty ; and then being very familiar with the King , deals with him to bestow his daughter ( seeing shee had thus falne ) on John Lyon , and to give him the lands of Glams with her ; which was done accordingly . He got also for his coat of Armes , the flowre de-luce , field argent , and a Lion azure , with a double treasure , and a womans head for his Crest . What unthankfulnesse the Earle of Crawford did finde in him afterwards , or did apprehend and conceive , it is not particularly set downe ; but finding his owne credit with the King to decrease , and John Lyons to increase , and taking Lyon to be the cause thereof , esteeming it great ingratitude after so great benefits he tooke it so highly , and with such indignation , that finding him accidentally in his way a little from Forfaire , he slew him very cruelly , and fearing the Kings wrath , fled into a voluntary exile : and so he remained certain yeares , until ( at the Earle of Douglas intercession ) the King suffered himself to be so farre entreated , as that he was restored , obtained pardon , and received into the Kings favour . What interest the Earl of Douglas had in it , and what friendship with the Earl of Crawford , or what pitie of his afflicted estate , or commiseration of him ; or weighing the cause that drew him to so hard a fact ( as great men will regard one another , where they think they have been evill requited by them to whom they have been beneficiall ) or how necessary the presence of so worthy a man was for the King and Countries present estate , it is hard to conjecture : but this is cleare , that the Earle of Douglas hath beene not a little respected and accounted of at that time , seeing at his sute the King consented to forgive the murther of his owne sonne in Law , and to receive the Authour thereof into favour . The yeare following , ( which was 1381. ) there ensued a truce between the two Countries for three yeares . There met for concluding of this truce John of Gant Duke of Lancaster , who was Uncle to King Richard the second , with some other Lords of the English side : and for the Scots , the Earle of Douglas and March. In the very time of their meeting and treatie , both parties were informed of the insurrection made by Jack Straw in England , and both dissembled the matter untill the truce were agreed upon . Then when all was ended , the Earle of Douglas with a generous wisedome ( farre from that which is now in vogue and request ) addrest himself to the Duke of Lancaster , and told him , that from the very first beginning of their conference , hee was not ignorant in what estate the affaires in England were ; but that they were so farre from catching hold of any advantage of the time , and from making either of peace or warre accordingly , that they had the rather consented to the truce , because of the troubles in England . And for your selfe ( saith he ) if it please you , you may remain here in Scotland , untill these tumults bee setled , or if you had rather return home , you shall have 500. horse to accompany you , and to set you safe in what place in England you please . The Duke thanked them for their courtesie , but thinking that hee needed it not at that time , made no use of either of their offers . But afterwards being on his journey home , when he found that they shut the gates of Berwick against him , and would not receive him into the Towne , he came backe againe , and was conveyed to Haliroodhouse by the Earle of Douglas and his brother Archbald Lord of Galloway , and remained there till matters were composed in England . After the truce was expired , Archbald Lord of Galloway , assisted by his brother the Earle of Douglas , and by the Earle of March , wonne the Castle of Lochmabane , as we shall heare in the life of the said Archbald . Upon this the Duke of Lancaster by way of revenge made an incursion upon Scotland , in which having rifled Edinburgh , and wasted the Countrey , he returned home . And he being gone , the Earle of Douglas tooke in all the Castles and houses of strength in Tivedale , which the English had kept since the battell of Durham , Roxbrough onely excepted , and purged that Countrey of Brigands and Robbers , who had in time of the warre beene very licentious and bold . This was the last work of this Nobleman , worthy ( say our Writers ) of his house and Predecessours , for he died soone after of a Fever in the Castle of Douglas , and was buried in Melrosse in the Abbey , in the year 1384. as they reckon , and is likely : for his sonne James is stiled Earle in the yeare 1385. March 20. Of what age he was at his death it cannot be certainly collected : but from his fathers death at Halidoun hill we have 51 yeares after he began to come upon the stage , and appeare in businesse , and the affaires of his Countrey : 30. yeares at least or 40. since we account that he came home before the battell of Durham . He was a man ( without question ) of exceeding great valour , whom even the English Writers spare not to call one of the most valiant personages in his dayes , within the Realme of Scotland : And certainly his actions beare no lesse , even as they are summarily set downe . But if all had beene particularly described , with the full circumstances , it would have beene farre more cleare . And not onely his valour would have appeared , but his wisedome also , travell , and diligence , which he must needs have used in recovering of so many Countreyes and Castles , as he is recorded to have wonne , and in so many yeares , as he was employed in continuall action , ever victorious , without mention of any repulse , overthrow , or evill successe , where himselfe was Conductor , and we may say , nor elsewhere , safe at the battell of Durham . Now all is involved in generall , and rowled up in grosse , expressing little or nothing of the accidents , or particular wayes of his exploits , onely they tell us this road he made , and these Castles he wonne , and tell the event indeed to have beene successefull , but no more . This good fortune ( as men call it ) though it be commended , and commendable in Leaders , yet it is seldome alone , but accompanied with vertue , to which it gives the lustre , and without which he could never have atchieved such enterprises . The love he carried to his Countrey , and to the libertie thereof , needs no declaration . Those his travells declare it , which could have no other end , chiefly that act of withstanding King David in bringing in a forraine King , with such resolution , even to the discontentment of his Soveraign , to whom otherwayes he had beene ever most obedient , with the hazzarding of his person and estate . In which opposition , if we weigh it narrowly , how many vertues doe appeare ? An unspeakable love to his Countrey , with such hazzard , freedome of minde , and uprightnesse farre from flatterie , or any dissimulation ; not following his Princes humour , or soothing him in his present disposition , but regarding vvhat vvas most for his good and honour , vvhat best for his Countrey , and vvhat the King vvas like to acknovvledge best for him , vvhen he should be out of that fit . We may also see in it a strange magnanimitie and courage , in his resolving ( as he did vvithout all doubt ) to part vvith all that the vvorld could affoord , and vvhatsoever is deare to men in the vvorld , rather then not to maintaine that vvhich he accounted to be right , his life , lands , dignities , honours , and all such things , both for himselfe and his posteritie . For what was that banding for it , but a plaine opposing himselfe to the power of both the Kings ( Scottish and English ) the Suiter , and for whom it was suited ; who questionlesse would both have concurred in that cause : and what could the consequent of opposing then be other , then the losse of his life , lands , and all ? or what other hope could he have ? and what meanes to double it out ? The more is his constancie remarkable that never yeelded up that disposition . As for his wisedome , it is included in all these things , and doth shine in all his actions , which without it could not have beene performed . Likewise in that favour which was borne unto him by men , the causes of favour are employed , and such qualities and vertues are apt to gaine and procure affection , to wit , gentlenesse , meeknesse , sobernesse , liberality , and the like ; his generosity and courteous humility in his speech , which are the true and onely meanes of acquiring the good will and hearts of men : his generous minde and courteousnesse appeared in his speech and carriage towards the Duke of Lancaster , his justice in pacifying the Countrey , and purging out the theeves : a worthy catastrophe of so well an acted life . Some may think him ambitious in standing for the Crowne , but if he thought he had right , what could he doe lesse ? it was no ambition to seek what was his due . And there was as great appearance of right on his side , as might have deceived a better Lawer than he was . Yet let it be his ambition , and that he was not so ignorant but that he knew where the title was : have not many dispenced with great duties in that case ? And is it not thought halfe dutie , not to be over precise in dutie ; and half justice , not to look too narrowly to justice ? Si violandum est jus , &c. If law or lawfulnesse should be broken , where should it rather be broken , then for a Kingdome ? which is not so much the saying of one man , as the tacite opinion of almost all men , as appeares by the approbation of themselves , and all others after they have gotten it . It were to be wished that errour were away , and men saw as well the inward thornes , as the outward pearles of the Diademe , that they might let it lye at their foot , and not take it up , though they might have it for the lifting : but that will be called a Stoicall Philosophy , and even the Stoicks are thought to have much adoe to keepe themselves in that moderation . Neither doe men beleeve them when they say they doe it in lesser matters , where they may attaine them : and what they lack is thought to be for want of power and dexteritie to compasse and obtaine , not of judgement to contemne or neglect . What could the Earle Douglas then doe , who was not so well school'd or skill'd ? who had honour and glory for the great objects of his intentions , which is the objects of these great spirits , and many think it should be so . So that in regard of this common opinion of men , and the instructions of that age , yea of all ages , even of this age almost , in such military men , or politicke wise men , who are not pedants ( as they call them ) or Theologues ( to give them the best name men terme them with ) I thinke it not so strange that he insisted , as I marvell that he desisted so soone , and easily : neither can I so much dispraise his motion , as I have reason to commend his modestie . For his motion , belike , hath not beene immodestly moved , or too vehemently pressed , that he gave it soone over ; farre from the unbridlednesse of turbulent mindes , that would rather have moved heaven and earth ( as we say ) to have come to their purpose , and have cast themselves , their Countrey , and all , into confused broillerie and into forraine hands and power : nay ( which is more and worse then meerely forraine ) into English , our enemies , which would be flat slaverie , as both the Balliols ( John and Edward ) had done before him , and the last of them on no better , nay not so good a ground . Wherefore if we will needs call it ambition , yet certainly it hath not beene of the worst sort thereof , neither unruly , nor immoderate , but by the contrary , very sober and temperate , and such as may well fall , and often doth fall into the best and greatest spirits , that are not brought up and deeply instructed in the inmost and profound points of humane and divine Philosophie Of which sort how few be there ? and how meanly are they accounted of ? Let us either think better of them , or finde the lesse fault with him . Certainly , if he cannot be fully excused , yet can he not be over hardly censured , neither condemned : yea , no more condemned for the moving , then praised for his speedy leaving off , and yeelding , truly acquiescing , and sincerely obeying in all times thereafter . Of James , the second of that name , the eleventh Lord , and second Earle of Douglas , slaine at Otterburne . UNto William the first Earle his son James did succeed , a man in all kinde of vertue worthy of so great a father , and honourable place ; who was no whit inferiour to him either in courage or fortunatenesse , unlesse we account him lesse fortunate for that he lived but few yeares : wherefore wee shall heare his owne judgement at his death . He had two wives , Euphane eldest daughter to the King ( as we have said ) by his wife the Earle of Rosses daughter : yet the genealogie of the Kings in the Acts of Parliament sayes that she was daughter to Elizabeth Moore , and not the Earle of Rosses daughter . He had a son by her , who lived not halfe a yeare : he had also two base sons , William ( of whom is descended the house of Drumlanrig , as evidents do witnes given by Jacobus Douglas Comes de Douglas silto nostro ) and Archbald of whom is come the house Cavers and Sheriffes of Tivedale , who if they had beene lawfull , had been sonnes to the Kings daughter , and had succeeded to the Earledome before his brother Archbald the Grimme , who did succeed to him . But though they did not succeed , yet have they shewed themselves very worthy , and amongst the chief great men of the land . Of this William also are descended the houses of Coshogle , Pinyerie , Daveine , and others in Niddisdale : for Archbald Douglas the first of Coshogle , was second sonne to this William of Drumlanrigge , and was married to one Pringle of the house of Galasheiles , who bore to him twelve sonnes , and after his death shee was married to one Carnel Wallace , and bore twelve more to him also . Touching Earle James his actions , which were done in his fathers daies , one thing we have spoken of them in his fathers life , as most proper : there is one thing more , besides what hath been said , recorded of him by some ; that during his fathers life he was sent into France , for renewing the ancient League with that Kingdome ; in which Ambassage were joyned with him Walter Wardlaw , Cardinall and Bishop of Glasgow , and his Uncle Archbald , Lord of Galloway . This is said to have been in the yeare 1381. which is the eleventh yeare of the reigne of Robert Stuart . The occasion of it was a message that came out of France from Charles the sixth , who desired to have it so . After his returne in September , hee recovered the towne of Berwick from the English ; and entring England with a competent power , burnt and spoyled all the Countrey about as farre as Newcastle . About the time of his fathers decease ( in the yeare 1384. ) there was a Truce concluded between France and England , to last a yeare , in which Scotland was also comprehended . This treatie was at Boloigne , or at Lillegham ( as others write ) and for intimation hereof , some French men were directed to come into Scotland : but while they prepare themselves too negligently , the Earles of Northumberland and Nottingham , with such as lay nearest to the Scottish Marches , laying hold of this opportunitie to annoy Scotland , so that the Scots should have no time to revenge it before the truce were proclaimed , entered Scotland with an Army of 20000. or ( as others say ) 10000. horse , and 6000. Archers and Bowmen , and spoyled the Countrey farre and wide ; especially the lands pertaining to the Douglasses , and Lindsayes . The Scots who trusting to the brute of the truce dreamed of no such thing , finding themselves thus used , were greatly grieved with their owne sloth , and no lesse incensed at the fraud and falsehood of England , and resolved to avenge the same . In the mean time the report of the English incursion coming to the eares of the French , who had the charge to intimate the assurance , admonished them of their slownesse : wherefore to make amends ( though somewhat too late ) they hasten over to London in the very time that the English Army was in Scotland . There they were very chearefully received , and magnificently entertained with feasting and banquetting , and under this colour cunningly detained , untill it was knowne that the English Army was come home and dismissed : then being suffered to depart , they came into Scotland , and shew their Commission . The greatest part of the Nobility , but chiefly the Earle of Douglas and such as with him had received great losse by that expedition , cried out against the craft of the English , that this their fraud and manifest ludification was no way to be suffered . The King went about to pacifie them , and shewed plainly that hee meant to receive and keep the truce , which they perceiving , drew out the matter at length by reasoning and arguing to and fro , untill such time as they had gathered together quietly 15000. horsemen ; then Douglas , Dumbarre and Lindsay , withdrew themselves from Court without noise , at a day appointed ; and joyning their companies at the place of rendevous , enter England with displayed banners , waste and spoile Northumberland to Newcastle . Then they doe the like to the Earle of Nottinghams lands , and the Mowbrayes , and so returne home with a huge prey of men and cattell . Straight after their returne the truce was proclaimed meeting fraud , not with fraud , but with open force , by a just and honest re●…ompence and retalliation . Neither were the English discontented for all this to accept the truce , acknowledging that the Scots had reason to doe what they did , or confessing their owne weaknesse and want of ability to avenge it at this time , or both , by their sitting still and acceptation : for neither could right ( though weake ) have had patience in so great an injury , neither would force ( if it had thought it selfe sufficient ) have been bridled with reason onely in so manifest an affront , and so great dammage . How ever it be , they stirred not , and so the truce was kept till it expired of it selfe . When it was runne out , John de vienne a Burgundian , a very valiant man , Admirall of France , and Earle of Valentinois , arrived in Scotland , and brought with him 2000. men , amongst whom were 100. men at Armes . He brought also 400. Curiasses , and 400. halfe long swords to be distributed amongst the Scots , and ( as some write ) 50000. Crownes . Before their coming James Earle of Douglas entred into England with a new Armie ; and upon their arrival was called back to Court , where they attended his coming . Then having consulted of their businesse , and the Army being ready , they accompanied him into England , where they tooke in the Castles of Wark , Foord and Cornewall , and spoyled and burnt the Country between Berwick and New castle . But when they intended to goe on further , the continuall rain that fell in great abundance ( being in Autumne ) did so spoile the wayes , and raise the waters , and wet the Souldiers with their armour , that they were forced to retire home again into Scotland . In the mean time King Richard greatly moved that the Scots must bring in strangers to waste his Countrey , entereth Scotland with an Army of 60000. foot , and 8000. horse , and used all sort of Hostilitie in the Merse and Lowthian , not sparing the religious houses and persons , such as Newbotle , Melrosse and Dribrough , with the Monkes thereof . The French Admirall better remembring , and more carefull of his Masters directions , then considering what was fit to bee done , dealt earnestly with the Earle of Douglas to give him battell . But the Earle knowing better , and regarding more the good of his Countrey , and weighing with judgement the English power and forces , would no wayes listen to him : he told him it was not for want of affection to doe the King of France service that he refused to fight , but in respect of the unequall number and appointment of the Armies at that time . And that he might the better see the English forces , he tooke him up to a hill , from whence they might have a reasonable view of them as they passed by in order ; which when the Admirall had seen , and considered thereof , hee easily yeelded to the Earles opinion . Hollinshed setteth downe the oddes , saying , that the Scots and French were not above 8000. speares , and 30000. of all other sorts , and the most part of those not well armed : where he reckoneth of English 6000. horse , and 60000. Archers , which are 2000. horses fewer then our Histories do reckon . In this inequalitie therefore being no lesse a wise Conductour , then a valiant Warriour , he resolved not to hazard a battell , but determined to take another course , which he did , for he entered England on that quarter , which was furthest distant from the English Army , and wasted Cumberland and the adjacent Countrey neare to it . The King of England being advertised hereof , purposed to have followed him , and forced him to fight , but being better advised , and put in mind ( no question ) of what had befallen his Grandfather ( Edward the third ) at Stanhope Parke against good Sir James , he altered his purpose , and marched the readiest way home . And so both Armies having spoiled and wasted each others Countreyes , they returned without encountring or fight of other . In the return the Earle Douglas perswaded them to besiege Roxbrough Castle , making full account that the King of England would not raise a new Army before the next Spring , and so they sat downe before it ; but it did not continue eight dayes ere they raised the siege . The cause was a reasonlesse demand of the Frenchmen , who would needs have the Castle to bee given to them , and to belong to the King of France , when it were wonne from the enemy . This demand did so offend the Scots , that they could by no means heare of it , and so the enterprise was deserted upon this occasion , but chiefly by the Frenchmens insolent and licentious behaviour and carriage in the warres ; who rob and steal , and use all manner of force and violence : there arose many times great strise , and many quarrells between the Country people , and them : for the Country people watched them when they were alone , or but few together , and sometimes robbed them of their horses , sometimes of their valises and luggage : sometimes they hurt , and at other times slew of them . The French Commanders complained to the Kings Councell , and the common people answered , that they had received more losse and hurt by the French , who professed themselves to be friends , then they had done by the English , who were sworne enemies . And therefore they said it were reason that the French should no wayes be suffered to goe home , untill they had satisfied for the wrongs they had done . The Earle Douglas in this hard case seeing they were strangers that came to aide Scotland , was willing partly to bear with their faults , as proceeding from an evill custome and form used at home in France , and therefore interposed himself to have mitigated the people , but could hardly pacifie them , yet at last with great instancy and entreatie , being greatly favoured , and generally well beloved and popular , hee obtained that the common Souldiers , and the Army should be suffered to returne into France , and that their Captains and Commanders should be retained still untill satisfaction were made for the losse they had sustained . And so the King of Frances desire was satisfied , who had then sent for them , and withall order taken with the dammage done by them . This was the aide , and this was the successe of the help received from France now the second time . It was very small before , and it is now to very little purpose : more hurtfull and troublesome to the Countrey , then of importance against the enemy . After their embarking the Scots remained still in England the space of two moneths , and then the English having withdrawne and conveighed all the victuall out of the way , they returned into Scotland . And hereby they did show clearly how little they leaned to forrain aid , without which there greater enterprises were ever performed : neither was there ever either by these , or by others before or since ( though we looke over all Histories ) any great exploit atchieved . All the help they ever got was onely in the besieging of some Townes at some happening times , and some such trifles scarce worth the naming , in respect of the whole power of the body and state of the Countrey which I remark again , and commend to the Reader to be truely considered for vindicating the valour and worth of the inhabitants , from that obloquie and unequall judgement of such as diminish and impair it : who cannot but know that it was never forraine forces ( as is wrongfully surmised ) but the vertue and valour of their Predecessours that hath preserved the honour and liberty of their Countrey , all manner of wayes : and that any one man amongst diverse of the name of Douglas hath done more in that cause , then the force of France ( if it were put all together ) did ever to this houre . The yeare following , the Earle of Douglas with Robert Stuart Earle of Fise , and Archbald Douglas Lord of Galloway his Uncle , entered into England with an Army of three thousand men , passing the water of Solway so secretly , that they were at Cocket-mouth on such a sudden , that the people had no leasure to convey their goods out of the way . Wherefore having for the space of three dayes gathered together a rich bootie , they returned home through Cumberland , Westmerland , and Northumberland , into Scotland again without any encounter . Not long after Archbald Lord of Galloway in company of the same Earle of Fise , made a road into England , in revenge whereof the King of England sent an Army into Scotland , which did great harm in the Merse , and occasioned that notable battell of Otterburn . For the Scots irritated herewith boyled with desire of revenge , being at that time very flourishing with strong youth , and never better furnished with Commanders . But King Robert a man by nature given to quietnesse , ●…arre stricken in yeares ( seaventy three yeares old ) was become slacker , and seemed not to make so great account of the publique injuries . His eldest sonne John was dull of nature , and having received a hurt by a stroake of a horse , which pertained to James Douglas Lord of Dalkeith , was thereby lame of a legge , and halted , and so unfit for the travell of warre . Therefore they have their recourse to the Kings next sonne the Earle of Fife , and do easily agree with him , resolving to avenge the hurt and dammage they had lately received . So every man promising his best endeavour , appointment is made to conveen in August , or ( as some say ) in July , but so covertly , as it should not come to the knowledge of either of the two Kings , lest the King of Scotland should hinder them , or the King of England prevent them : yet when they had used all the expedition and secresie they could : The English had notice of it , and were informed of both the day and place of their meeting . Wherefore that they might entrap them and take them at unawares , they advertised one another , and the Noblemen commanded the Commons to be in a readinesse against the next advertisement , without appointing any certain day , for feare that the Scots should heare of it . These things thus ordered when they heard that the Scots were conveened in Tivedale not farre from the March to the number of 30000. or ( as Froysard saith ) 40000. men , not daring to joyne battell with such a multitude , they concluded not to stir or appeare before the coming of the enemy , but that every man should ramain in his owne bounds , till they saw on what coast and quarter the tempest would light , and then to take the best course they could according as occasion should offer , and if they could doe no more , to invade Scotland on another hand farre from the enemy , as the Scots had done to them the yeare before , and so to recompense losse with losse : In the mean time they sent a spie to the Scots camp , who might bring them more certain report of all things ; desirous to know not onely their intention , but even their particular speeches and actions . Hee who was sent ( being nothing different from the rest in language , apparell , or armour , did easily passe for a Scot , and by that mean having been in the company undiscovered , and having observed sufficiently all that was needfull to be knowne ) as he returned to his horse to be gone , which he had bound to a tree , he found that he was taken away , whereupon taking him to his feet with his cloake , boots and spurres , and his other riding equipage ; he was perceived , suspected , taken and examined what he was , whence he came , and whither hee went : and being found to vary in his answers , hee was brought before the Generall of the Army , where being threatned with the rack , he confessed all , and revealed the English mens intentions , and purposes . Upon this the Scots altered their purpose , and whereas they were before minded to have gone all together in one Hoast , they now divided themselves in two ; so that the greatest part of the Army should passe in at Carlile , led by the Kings two sonnes , the Earles of Fife and Stratherne , together with Archbald Douglas Lord of Galloway , Uncle to the Earle . The other part of the Army was committed to the Earle of Douglas , and with him George and John Dumbars Earles of March and Murray ( his Uncles ) William or James Lindsay Earle of Crawford , the Earle of Arolle Constable , the Lord Montgomry , and Patrick Hepburn of Hales with his sonne : the number of his company is not agreed upon . Some say that he had the halfe of the Army , 15000. others but 2000. foote , and 300. horse , with as many foote men waiting on the horse men , who were lightly armed and able to fight , and almost equalling the horse men in speedy expedition . Some say they were foure thousand chosen horsemen in all , which is most apparent by the great diligence and haste he made : with his company he entred England on the East hand , and crossing the river of Tine with great celerity , hee was past Durham , before ever the enemy was advertised or knew of his coming , till he himselfe made it knowne by fire and smoake , in burning the Countrey . The Earle of Northumberland hearing of him , himselfe being a man of great yeares , sent his two sonnes Henrie and Ralph ( hardy and valiant young men ) to Newcastle , commanding the rest of the Countrey also to resort thither , that they might intercept the Earle of Douglas in his returne : but hee having spoyled the Countrey about Durham , and gotten a great bootie , passeth Tine again , about three miles above Newcastle ; and being desirous of glory , and encouraged by this successe , esteeming it but small honour for him to spoil the villages , and not to dare to looke upon the townes , marched towards Newcastle , and did make offer to have assaulted it , and ( as some write ) did assault it , having first filled the ditches with hay and faggots , hoping thereby to have drawne out the enemy to the open fields , having stayed there two dayes ; there passed some light skirmishes amongst them every day : And at last , Henrie Percie eldest sonne to the Earle of Northumberland ( called Hotspurre ) being desirous to trie his valour , either provoking the Earle Douglas , or provoked by him ; the combate was offered , and accepted betwixt them . They mounted on two faire steeds , and ran together with sharp ground spears at outrance ; in which encounter the Earle Douglas bore Percie out of his saddle . But the English that were by did rescue him so that hee could not come at himself , but he snatched away his spear with his guiddon or witter ; and holding it aloft , and shaking it , he cried out aloud , that hee would carry that into Scotland as his spoil . Hollinshed saith ( out of Froysard ) that they did not runne on horseback , but that in an assault at the Barriers without the gate , Douglas by chance being matched hand to hand with Percie , by force pluckt his Pennon from him , and holding it up on high , said , he would carry it for his sake into Scotland . There was then at Newcastle a great number of people , for besides the indwellers , there were all the choice men from York to the borders , as the Writers relate . Wherefore Earle Douglas ( in respect of his small number ) caused keep strait watch ; and on the morrow removing his Camp , he marched toward Scotland a slow pace , being loden with bootie . Then sending it away before , hee assaulted , tooke , and demolished a certain Castle and Towne , that was in their way , called Pouclane , whereof Sir Aymer of Alpholl was Lord , whom he tooke within the Castle and made him a prisoner . Then marching forward , they came to a place called Otterburn , about twelve miles from Newcastle , where they pitched downe their tents , that the Souldiers might take some rest , and refresh themselves after their great travell , as not having rested that day , nor the night before , nor much any where since their entrie into England . There they consulted about the rest of their journey , and the most part advised to march toward Carlile , that they might joyne with the other Army , that so they might observe the order given them , which was not to fight at all , till both Hoasts were joyned together . But the Earle Douglas thought best to stay there some three or four daies that they might refell the Percies bragging , who had affirmed that they should not carry his speare into Scotland , and that the Souldiers might not be idle the while , they might be taking in the Castles , and Gentlemens houses about , that lay neare . To this opinion the others did yeeld for his sake , howsoever it seemed not to be the most expedient : so they fortified and strengthned their Camp as well as they could on that side where it was weake , being fensed with Marishes on the other side : they went and besieged a certain Castle , called Combure . Percie would fain have followed them presently upon their retreat , but he was hindered by the better advised , for fear of an ambush : for they thought it was not likely , that the Scots being so fevv in number vvould have assaulted so strong a Towne , unlesse they had knovvne of some greater povver to succour and aid them . Having therefore searched diligently that day , and the next , and understanding that the other great Army wat not to bee feared , as being far from the Earle Douglas ; Percie marched towards him with 10000. strong , not staying for the Bishop of Durham , who was said to be at Newcastle that same night , esteeming his present forces sufficient to overthrow his enemies , who were fewer in number by the one halfe at least . The avantcurriers of the English Hoast were come in sight , whilest the Scots were some at supper , and others gone to rest , being wearied with assaulting the Castle . Hereupon the alarum was given , and the English approaching , assail them fiercely , and were received valiantly by a part of the footemen , and the lackies , and the groomes ; who having the advantage of the Fortification which had been made , sustained the charge till the rest were armed and ready . At their first encamping when they viewed the fields , they had espied a little hill which they meant to make use of if the enemy should follow and assaile them , ( as they did certainly expect ) and now it stood the horsemen in very good stead : for whiles the English assaulted the entrie of the Camp , the horse men fetching a compasse about this hill , charged them in flank at the farre side , in which charge many were slain , and the whole Army was filled with tumult and fears . But by the coming of fresh supplies , the English abounding in number , the battell was restored , and their ranks ordered as before : yet this profit it brought to the Scots , that the fight being slaked at the entrie of the Camp , they had space to go forth , and to put their men in array . In the mean time night drew on , which was troublesome , and unwelcome to both ; but being short ( as in the Northern parts it useth to be in July ) and the season faire , the Moon light did serve them in stead of Day light , and the fight was continued very hard as amongst noble men on both sides , who did esteem more of glory , then life . Percie strove to repair the foil he had gotten at Newcastle , and the Earle Douglas did as much labour to keep the honour he had wonne : So in unequall number , but both equally eager in mind , they continued fighting a great part of the night . At last a Cloud covering the face of the Moone , not being able to discerne friend from foe , they tooke some respite for a while ; but so soone as the Cloud was gone , the English gave so hard a charge , that the Scots were put back in such sort , that the Douglas Standard was in great perill to have been lost . This did so irritate him , that hee himselfe in the one wing , and the two Hepburnes ( father and sonne ) in the other , pressing through the rankes of their owne men , and advancing to the place where the greatest perill appeared , renewed a hard conflict , and by giving and receiving many wounds , they restored their men into the place from whence they had been beaten , and continued the fight untill the next day at noone . The Earle Douglas not being satisfied , nor contenting himselfe with that , that he had renewed the battell , but himselfe with two companions , Robert Hart , and Simon Glendining , rushed into the midst of the enemies , and equalling the courage of his minde with the strength of his body , whatsoever way he set himself he made great havock of the enemies . It was a wonder to see the great vassallage that he wrought : Major in describing them can make no end , nor satisfie himselfe : his comparisons are high , like a Lion of Lybia : his description of his body is , that it was faire and well compacted , his strength huge , which hee yet amplifieth with greater hugenesse , saying that he fought with a Mace of iron , which two ordinary men were not able to lift , which notwithstanding hee did weild easily , making a great lane round about him wheresoever hee went : his courage and confidence appeareth in his so valiant insisting , as though he would have slaine the whole English Army himselfe alone : and seeking to finde Henry Percie amongst the midst of them , hee was entered farre within the rankes of the enemies . Hollinshed confesseth , that with a great Mace in his hand he laid such sad strokes about him , that none came within his reach but he went downe to the ground . And Boetius saith plainly hee fought with a mase heavier then any man is able to beare in those dayes , and that rushing into the midst of his enemies , hee made such a slaughter , that it was chiefly attributed to his vertue , that the Scots wan the field . But whiles he is thus fighting in the midst of them , before his friends could come at him , though they pressed forward to have seconded and assisted him with all the force and speed that might be , they found him lying on the ground with three deadly wounds . There was lying dead by him Robert Hart ; and the Priest called Richard Lundie ( who was after made Arch Dean of Aberdene ) that had ever stood fast by his side , defended his fainting body with a halbert from injury : he being in this estate , his kins●… James Lindsay , and John and Walter Sinclairs came to him , and asked him how he did : I do well ( saith he ) dying as my Predecessours have done before ; not in a bed of languishing sicknesse , but in the field . These things I require of you as my last Petitions , First , that yee keep my death close both from our owne folke , and from the enemy ; then that ye suffer not my Standard to be lost , or cast downe ; and last , that ye avenge my death , and bury me at Melrosse with my Father . If I could hope for these things , I should die with the greater contentment , for long since I heard a Prophesie that a dead man should winne a field , and I hope in God it shall be I. Hereupon they covered his body with a cloake that it might not bee knowne , and then hoiseing aloft his Standard , and crying ( as the manner is ) a Douglas , a Douglas , most part repairing thither from all quarters they began the fight afresh ; for not onely the common sort of Souldiers came thither , but the Earle of Murray also came with great speed , thinking that the battell went hard on that hand , for he had beaten those that he had to deal with , and Sir John Mackyrell had taken the young Percie named Ralph , and delivered him to his Master the Earle of Murray , who had sent him ( being hurt ) to the Camp to bee cured , as Froysard saith . Hollinshed and Boetius agree that it was Keith Marshall that tooke him . By this means the ardour of the battell being relented on that hand , the fight was renewed , and the strife redoubled on this side , and the Earle Douglas followers ( who were gathered about his Ensigne ) did at last scatter and defeat the English , weary with the former fight which had continued both day and night : And in this assault the Earle of Montgomery tooke Henrie Percie their Captain prisoner , whereupon the Army fled and turned their backs . There were slain in this batteil 1840. of the English , and 1040. taken prisoners , 1000. also were hurt . Of the Scots there were 100. slain , and 200. taken prisoners , whilest they followed over rashly ( fewer following more ) they turned and tooke those that would have taken them . This is the battell at Otterburn , memorable not onely for the magnanimity , courage , perseverance , tolerance of travell , and ( in victory ) modestie of Souldiers and Captains , but also for the variable event , where the victor in high expectation of glory prevented by death , could not enjoy the fruit of his travels : the vanquished , albeit his Army was defeated , and himselfe made a prisoner , yet lived long after this battell with praise ; for it was no reproach to him to be overcome , nor so great a blot to have been put to the worse , as it was honourable to have so contended . The event of battells is uncertain , and onely in the hands of the highest : if men do there endeavour , what more can be required ? It is not the least part of the Percies honour that they did contest with the Douglasses , and did sometimes overcome , and sometimes were thus vanquished : thought it were but seldome that the Douglasses got the worse , when their forces were equall Here there was great inequalitie , where notwithstanding he wonne the honour through the losse of himselfe : neither was it accounted dishonour to his Army , though more in number , or to himselfe to have been thus overcome : for they are recorded to have done their endeavours , and discharged the parts of valiant men , and were onely overmatched by excellency of valour as we have showne , and as it may be seen by all Writers ; not by hunger , or cold , steepnesse of hills and mountains ; which I speake not to reproach any , but to make known the truth , and withall , not to cover vertue on either side , which was confessed of all in that age , neither was any man found of another minde : onely the Earle Marshall of England being a little after sent downe with a company to be Warden of the Borders during Percies captivitie ( who did build for his ransome the Castle of Penoun neare to Glasgow ) durst extenuate the vertue of the Scots with the reproach of his owne Countrey-men , attributing the cause of this victory , not to the valour of the Scots , but to the cowardise of the English that fought against them , boasting much of himselfe , that if hee had beene present , or if he should happen to have occasion to fight with the Scots , he should doe great matters ; but his brags were soone made to appeare but idle words : for moved by these his speeches , the Governour of Scotland ( viz. Robert Earle of Fife ) having raised an Army , went into England with Archbald Earle of Douglas ( called the Grimme ) brother to this deceased Earle ( and who did succeed him in the Earledome ) and made directly toward the Earle Marshall , and as soone as they came in sight , offered him battell : and when they could not draw him out to fight , they sent an Herauld to him to challenge him , and provoke him to fight , but all in vain , for neither did hee send back any answer , neither would hee come to an equall and even ground . Therefore they having spoyled and wasted the Countrey with fire and sword in his sight , and as it were under his nose , returned home into Scotland , to the great contentment of the Scots , and no great discontentment of the English prisoners , who were not sorry that his vanity was thus discovered . Certainly , the truth can hardly be belied , and if partiality will nor , yet indifferency will beare witnesse to it . Froysard ( a stranger , and favouring more the English ) concludeth touching this battell , that in all History , there is none so notable by the vertue of the Captains , and valour of the Souldiers , fought so long , so hardely , so variable , the victory enclining diversly divers times , and at last obtained , not by the cowardise of the overcome , but by the valour of the overcomers : neither is that vertue of valour onely remarkable in this place , and marked by him , but their modestie when they had overcome , rare and wonderfull to him ( as it is indeed to others ) but common enough to the Scottish Nation , practised by them often in their victories , and almost ever where some great enormitie hath not irritated them , contrary to their nature and custome ; yet here very singularly : for in the heat of the conflict no men ever fought more fiercely , in the victory obtained none ever behaved themselves more mercifully ; taking prisoners , and having taken them , using them as their dearest friends , with all humanitie , courtesie , gentlenesse , tendernesse , curing their wounds , sending them home , some free without ransome , some on small ransome , almost all on their simple word and promise to return at certaine times appointed , or when they should be called upon . So that of 1000. prisoners scarce 400. were brought into Scotland , the rest all remitted in that same manner , with Ralph Percie ; and by his example , who because of his words desired this courtesie of the Earle of Murray , and obtained it , and was sent to Newcaste on his naked word to returne when hee should be called for . But what courage and confidence was it , that they durst adventure with so great perill to bee so courteous as they were ? when the Bishop of Durham approaching to invade them the next day , 10000. ( as some say ) with 7000. ( as others ) of fresh men , yet they would not kill their prisoners that were within their Campe , equall ( almost ) to the halfe of their owne number , but on their owne promises to remaine true prisoners ( how ever the field went ) and with a small guard , having onely pinioned them together with small cords , suffered them to live in the Campe , and went themselves to encounter the Bishop , full of confidence and scorn , that after the defeat of the slowre of Northumberland , with there so worthy Leaders as the Percies , that a Priest ( so they called the Bishop , should dare to set upon them , or but to abide them three marked strokes , as their Leaders said to them in his exhortation , as it came indeed to passe without any strokes : for they affrighted him with the onely sound of their hornes ( as it seems Major would say ) which they winding against him , and the hills redoubling the sound thereof , hee was affraid and durst not invade them , finding them ready and resolved to fight , whom hee thought to have found weary , because of their former travell , or negligent because of their victory . And considering ( saith Froysard ) there was more to be lost , then to be wonne at their hands , the Captain distrusting his Hoast , and the Hoast their Captain , it was thought best not to give battell , and so he retired without assaulting them . Their Leader after the Earle Douglas death , was the Earle of Murray ( saith Buchanan ) but I should rather take it to be the Earle of March , for hee was the elder brother ; and Major saith it was March. However our Scottish mens courtesie and courage is exceeedingly to be commended , who notwithstanding that they looked for nothing but to have fought with the Bishop of Durham , yet did they spare their prisoners , which ( and the like actions ) when I consider , I would gladly understand of such as delight to reproach our Nation with all the calumnies they can invent , and amongst the rest , stile them barbarous , what it is they call barbarity ? and if crueltie , and inhumanity bee not the speciall points of it ? whereof they shall never reade that any Nation were more free , or that ever hath been more courteous , humane , gentle , in peace and in warre , even at all times , and in all places . I wish all men would acknowledge the truth as it is : if they will not , yet shall it be truth , and truth shall never want a witnesse . It will be acknowledged , and must prevail to their great reproach that seek to hide or to impaire it . To return to our History : when the newes of these things were brought to the other Campe , which was in Cumberland , they were stricken with extreme griefe , and were more sorry for the death of the Earle of Douglas , then they were glad for the victory obtained ; all their joy for that successe being turned into grievous lamentation . So great was the affection of all the Army towards him , that not onely those who followed him , but those of the other Army also , retired home silent and sad , as if they had been discomfited , and overcome . It increased the commiseration of men , that he died in the flowre of his age , and that he alone should be deprived of that victory which was obtained by his vertue and valour . And I think that the same affection both continue in the hearts of the Readers of the History , which is never mentioned without a tender compassion . And for my selfe so often I call to mind his great worth , and short life , I remember withall that of the Poet , Ostendent terris hunc tantum fata , nec ultra Esse sinent , &c. The fates shall make but of this youth a show , Such vertue must not tarry long below . And with a great hyperbole , greater then Piety can well admit , if any such speeches can be over great , which doe not import what they speak , but are onely brought to expresse the highest excellency that can be . Nimium vobis Romana propago Visa potens , superi , propria haec si dona fuissent . The Heavens had made the Roman race to be Too blest , if this gift had held on with thee . Change but the Countrey name , call it ( Scotana propago ) and you shall accommodate these verses more fitly here to this man : but most of all in the simple sense , that which followes , Non illi quisquam se impune tulisset Obvius armato , seu cum pedes iret in hostem , Seu spumantis equi foderet calcaribus armos . No man in Armes that durst to him make head , Did scape unfoild , on foot , or foaming steed . Which he speaking of Marcellus , if he had lived , is witnessed of this Earle Douglas , even by the adversary , whiles he yet lived . To which purpose I remember that worthy Sir Philip Sidney in his defence of Poesie writeth of himself , that hee never heard the song of Douglas and Percie , but hee found his heart more moved therewith then with a Trumpet ; whereof hee alledgeth the cause to bee the force and power of Poetrie : though it bee sung ( saith hee ) by some rude crowder , and with no rougher voyce then a grosse stile . What he saith of himselfe I doubt not but others have found in themselves : neither is it the musick of that rough singer , that giveth it this force , farre lesse the vertue of the grosse rime : it is the matter that gives the efficacie , and the vertue of the man that begetteth a resembling vertue in the heart ; not by Poesie , but by the rightly described History . Indeed this is the man apparantly , who hath given subject to those songs , being the first that encountred with Percie in such a particular conflict : but that which is commonly sung of the hunting of Chiviot seemeth indeed Poeticall , and a meer fiction ( perhaps to stirre up vertue ) yet a fiction , whereof there is no mention neither in the Scottish , nor English Chronicle : neither are the songs that are made of them both one , for the Scots song made of Otterburn telleth the time about Lammasse , and the occasion to take preyes out of England ; also the dividing of the Armies betwixt the Earles of Fife and Douglas , and their severall journeys , almost as in the authentick History : It beginneth thus : It fell about the Lammas tide When yeomen wonne their hay , The doughtie Douglas gan to ride , In England to take a prey . Whereas the other maketh another occasion , and altogether different , yet it is not more effectuall to move vertue , then the true History here ●…et downe : nor indeed so effectuall as it . And therefore let it bee read , and read over again , by such as delight in Military vertues ; chiefly by those to whom these examples are as hereditary , and domestick , which they must needs affect , as also all the other actions of the life , but none testifying a better mind , a better resolution of the mind ; more courage , more valour , with gifts of the body , strength and activity , all ruled by reason , and guided by wisedome , as is seen in his dealing with the French men , when they would have had him to fight with the King of England : which vertues of valour and wisedome so joyned , are able to make a due harmony , acceptable to a right judgement , commendable to after ages , and profitable for the present . Boctius writeth that hee died not in the field , but after the field in his owne Tent , and that the Earles of Crawford , Murray , and March , went into his Tent , and found him lying hurt with three great wounds , almost dead : at which sight , each looked upon other with a silent astonishment , and then burst forth into teares and weeping : which he beholding , said unto them ( with a weake and faint voyce which could scarcely be heard ) I beseech you good friends leave your lamenting , and be glad of the present victorie which God of his goodnesse hath granted to us : We exposed our bodies to the enemies sword , to obtain that which wee have obtained : Turne therefore your teares unto thanks , mindefull rather of the benefit , then sorrowfull for that which is happened otherwayes then ye wished . If yee regard my paines and my life , which for you I lose , pray for my soul , and follow Vertue , and Armes , as ye doe , which you may imploy for the liberty of your Countrey , keeping concord amongst your selves , with a kinde remembrance of me . Soone after these words were uttered , hee died in the armes of his friends . There are that say , that he was not slain by the enemy , but by one of his owne men , a Groome of his Chamber , whom he had struck the day before with a truncheon in the ordering of the battell , because hee saw him make somewhat slowly to : and they name this man John Bickerton of Luffenesse , who left a part of his armour behinde unfastned , and when hee was in the greatest conflict , this servant of his came behinde his back , and slew him thereat : but this narration is not so probable . He was buried at Melrosse besides his father , with a Military pompe of the whole Army , and all the honour that could bee devised for him besides by the Abbot , and Monks of that Convent , after the most solemne manner of those times : Jacobus Duglassius qui obiit ad Otterburnum Julii 31. 1388. Moriens . Quaeritis ô quid agam ? an animam jam ago , fata meorum Hac sequor . Innumero huc vulnere facta via est . Nesciat hoc hostis , sequitor quam quisque secat spem : Atque aliquis nostri funeris ultor ades . Finiit : Et subito redivivo funere surgens Mars novus intonuit , victor & ultor obit . Johnst . Herees . In English thus : My friends you aske me how I do . My soul is now prepar'd to go , Where many wounds have made her way . Conceal it , till you winne the day : Pursue your hopes : this said , he dy'd ; Then the whole rank's a Douglas cry'd , And charg'd a fresh , that thou might'st have Revenge and honour in the grave . Before we proceed to speake of the next Earle of Douglas , the order of the History requireth that first wee speake of Archbald Douglas Lord of Galloway , brother to William the first Earle of Douglas , and of the said Archbalds naturall sonne VVilliam Lord of Nithisdale . Of this Archbald we have mentioned what was remarkable in his brother Earle VVilliams life , for that was the time of his action . The first was after the battell of Penure , to bee revenged of the losse , whereof the English invaded Scotland with 50000 , men ( as they say that make them the fewest ) or 40000. ( as others ) conducted by the Lord Talbot a very valiant man : with this huge number when they had spoyled the Countrey farre and wide , as they retired towards England , they were assailed at a strait passage by the Lord of Galloway , who had not above 5000. in his company : with these he discomfited his hoast , and recovered the whole bootie . There were slain of the enemies in the conflict . 400. and 200. taken prisoners , and many were drowned in the river Solway , as they fled unadvisedly . Some write that he set upon them in the night being incamped in a strait valley , not farre from England , where the first that they met withall being slain , the rest were affrighted and disordered , and so overthrowne . The next thing that we heare of him , is that he was with his brother the Earle at the conference with John of Gaunt , Duke of Lancaster , concerning a truce , and that hee accompanied the said Duke to Holyrood-house . The truce was made for three yeares . And after these were expired , the Lord of Galloway being very much grieved that there should be a Garrison of English in the Castle of Lochmabane , which did daily spoil and rob the villages and townes of Galloway , and Annandale , raised a great power by the help of his brother the Earle Douglas , and the Earle of March , and besieged the Castle for the space of eleven dayes . There came some English companies to have raised the siege , and relieved the Castle , but he repulsed them . Thereafter having assaulted it very fiercely , the Captain thereof , Sir William Ediston , yeelded it up unto him , lives and goods safe , and he having gotten it into his hands , razed it to the ground . It is written also of him that hee went into France with his Nephew James Earle of Douglas , when he was sent to renew the ancient league with that Kingdome . The last of his actions that we can finde is that hee was with his Nephew James Earle of Douglas , and the Earle of March , at the taking of Wark , Foord , and Cornhill , where he wasted and spoyled the Countrey betwixt Berwick and Newcastle with the Frenchmen . These Frenchmen not contented herewith , but desirous to doe some other exploit , joyning with Archbald Lord of Galloway , passed Solway sands , and did wonderfull great hurt in Cumberland . He is accounted by Writers , to have been a very sufficient and valorous Gentleman , and that he died before the battell of Otterburn , in the yeare 1387. He founded the Hospitall of Holiwood , and to him succeded his Nephew Archbald ( called the Grimme ) in the Lordship of Galloway , who afterwards was both Earle of Douglas , and Lord of Galloway . And here it is to be observed , that there were three Archbald Douglasses almost contemporary , which are to be distinguished , that we mistake not one for another . The first is this Archbald , brother to William the first Earle , who was Lord of Galloway , then when his brother lived , and who was father to the Lord Niddisdale . The second Archbald was son naturall to good Sir James , slain in Spain , who was made Captain of the Castle of Edinburgh , when it was taken by his brother the Lord of Liddesdale , who is wrongfully named VVilliam in our Chronicles , in stead of Archbald . He was at the battell of Poytiers , and is reported to have married in France , and remained there till his death . The third is Archbald the Grimme , of whom we shall speake hereafter . Our Writers through inadvertance doe divers times confound these three ; taking one of them for another . As when they say Archbald Lord of Galloway , sonne to sir James slain in ●…pain , was taken at Poytiers , it is a manifest errour : for if he was Lord of Galloway , hee was not sonne to Sir James ; if he were sonne to Sir James , then was hee not Lord of Galloway ; for Galloway did never belong to Sir James , but to his brother Archbald slain at Halydoun hill , who obtained it by marrying the heire of Galloway ( as hath been said ) and gave it to his second sonne this Archbald . Thus much I thought good to advertise the Reader in this place , for the better distinguishing of them . Of William Lord of Niddisdale ( sonne naturall to this foresaid Archbald Lord of Galloway ) commonly called The black DOUGLAS . THis William Lord of Niddisdale ( sonne naturall to Archbald Lord of Galloway ) is ( if any else ) worthy , who should be spoken of by himselfe being highly commended by Writers , who say that he was the prime and principall of the youth of Scotland , that he was a man accomplished with all abilities of body and minde , straight and tall of stature , not overcharged with flesh , but big of bone , a mighty personage , valiant , courteous , amiable , merrie , faithfull and pleasant in company and converse , of such extraordinary strength , that whomsoever he strooke with Sword or Mace , he fell to the ground , were he never so well armed : he was also wise and sober . At one time having but 800. in his company , he fought against 3000. English , of which he slew 200. and tooke 500. prisoners . This is he that is commonly called The bla●…ke Douglas , because he was of a blacke and swart complexion . His first vassallage of note was at the inroad made by Robert Earle of ●…ife , and James Earl Douglas , when they burnt Cumberland , Westmoreland , and Northumber land . In this expedition he is said to have gained great reputation , for ( beside many other exploits not expressed ) he with other two only made great havocke of the enemies at the burning of the Suburbs of Carlile ( who offered to hinder him from passing the bridge by slaying some , and turning over others into the river . Some say that he slew with his owne hands three of the most valiant of the English , of which one was a chiefe Commander : afterwards , when the same Towne was besieged , the enemies having made a sally , whilest he repulsed them , and followed too eagerly , he was engaged too farre in the midst of his enemies , and taken prisoner . As he was led along toward the Towne by foure men ( having beene before disarmed , and his weapons taken from him , he strooke two of them to the ground with his fists , and the other two betaking themselves to flight , he returned safe to his company . Hereupon his name was terrible to the English , especially the common sort , who did ordinarily astright and skare their children , when they would not be quiet , by saying , The blacke Douglas comes , the blacke Douglas will get thee . These his vertues moved Robert the second to savour him so farre , as to bestow his daughter on him , though he knew him to be a bastard . The Ladies name was Giles ( or Egidia ) and she was a mirrour of rare and singular beautie , so that whithersoever she went , she drew the eyes of all men towards her with admiration . The chiefe noble youths of the land did sute her in marriage , but the King preferred our William of Niddisdale for his worth before them all . Bocce writeth that the King of France having heard of the fame of her beautie , sent a painter into Scotland privately , who having drawne her portraiture truly , and shewed it to the King , he was so enamoured thereof , that incontinent he dispatched Embassadours to desire her in marriage ; but all too late , for she was married ( before their coming ) to Niddisdale . The King gave him and his heires to be begotten by him with his daughter , the Lordship of Niddisdale , lying nearest unto Galloway , with the Office of Warden of that Border , and Sheriffeship of Dumfrees , with the Office of Justice , and Chamberlaine , with a pension of three hundred pound sterling by yeare out of the great Customes of certaine Burrowes designed to that effect . He had by this Lady a daughter , who was married to Henry Sinclaire Earle of Orkney , who bare to him a sonne called William , afterward Earle of Orkney . This daughter of his ( married to Orkney ) was named Giles ( after her mother ) as appeareth by a note that is extant of the descent of the Sinclairs . Her husband is called Henry Sinclaire , and his titles are , Knight of the Cockle , of the Garter , and Prince of Orkney . This note calleth William Douglas , Lord of Niddisdale , Prince of Danskine , Duke of Spruce . Sir William Sinclaire , sonne to Henry and Giles , is called Knight of the Golden Fleece , and of the Cockle , Prince of Orkney , Duke of Holdenburgh , Earle of Cathnes , Lord Sinclaire , Lord of Niddisdale , with the valleyes of Neth , Sheriffe of Dumfrees , Great Admirall of Scotland , Warden of the Marches , Great Justice Generall , Baron of Erkfoord , Caverton , Cowsland , Rosseline , Pentland , Harbarshire , Disart , Newbrough in Buchan ; Titles to wearie a Spaniard : which I have set downe to recreate the Reader , either by seeing his greatnesse , or to laugh at the vanitie of the Writer : and yet he hath forgotten one of his titles , which is , Chancellour of Scotland , as Buchanan calls him , and á confirmation given him by King James the second in the yeare 1456. April 29. wherein he calls him his Chancellour and Cousin . This confirmation is of the Earledome of Cathnes united into one Baronie , and his lands of Orkney in compensation of his claime and title to the Lordship of Niddisdale , Offices and Pensions whatsoever that were given to William Douglas ( his Grandfather by his Mother ) by contract of marriage with Giles Stuart ( daughter to K. Robert by his wife Elizabeth Moore ) as is at length therein contained . About the time of the field at Otterburne , because some Irishmen that adhered to England had roaved upon the coasts of Galloway , and carried away store of booty and spoile , the Lord of Niddisdale to be revenged thereof , gathered together a competent number of men , by the aid of his brother in-law Robert Earle of Fife , and by licence from the King providing himselfe of Ships and vessels , passed the seas into Ireland , and besieged Carlinfoord , a rich Towne in those parts . The Townesmen fearing their Towne should be taken by assault , obtained a truce for certaine dayes , promising to give him a summe of money to have their Towne saved . But in the meane time they assembled some 500. men through the help of a neighbour Towne called Dundalke , and joyning with them , they divided themselves into two squadrons or companies : the one of which invaded Robert Stuart of Disdier , who conducted the Earle of Fifes men , and was gone abroad to bring in some prey : the other assailed the Lord of Niddisdale , who lay still before the Towne . Notwithstanding of this unexpected sally , they were received with such courage and valour , that at last they were put to flight ; and immediately Niddisdale gave an hard assault to the Towne , and carried it : having taken and rifled it sufficiently , he set it on fire , and burnt it to ashes . Others write , that at his first landing the Citizens hearing it was the Lord Niddisdale ( whose name was so fearfully spread over all those quarters ) not only rendred the Town to him , but also received him with great triumph , as if he had been their King or Prince ; and that hereupon he used them courteously . But when his men were in great security , scattered and separated , as fearing no hurt or danger , and some at their Ships , some sent with Robert Stuart of Disdier to spoile the Countrey about , which stood out against him , and to furnish his ships and the towne ; so that there remained not with the Lord Niddisdale above 200. men when they set upon him , as before we have said ; and being beaten , the Towne was sackt and burnt . Then they tooke 60. ships , which they found in divers Havens and Creeks , and laded 15. of them with such spoile as they had gotten , and burnt the rest . Then returning homeward , they spoiled the Isle of Man , which lay in their way . He landed at Loch-rien , which divides a part of Galloway from Carrict , and hearing there of the roade into England , he hasted him hither with all diligence . But truce being made for certaine yeares with England , that he might not languish in idlenesse , he passed into Spruce , from whence he heard that an Army was to be sent against the Infidels . There hee gave such proofe of his vertue and valour , that hee was chosen Admirall of the whole Fleet , which was very faire and great , esteemed to consist of 250. saile , and was there created Duke of Spruce , and Prince of Danskin . But there arose dissention hetwixt him and the Lord Clifford an Englishman , upon an old emulation , and present envie of his new preferment , at which Clifford grudged . Wherefore being challenged to the field by Clifford , he accepted it gladly : but the other weighing with himselfe what a hazzard he was like to runne by fighting with such a man of such incomparable valour , found meanes ( before the day of the combat came ) to make him away by hired Assasines and Brigands , who murthered him in the night on the bridge of Danskin . The Manuscript seemeth to say that combat was not taken on there and then , but long before , while they were both at home ; and that Niddisdale before the day passing to Paris to provide armour fit for him ( or on whatsoever occasion else ) Clifford gave it out that he had fled the combat ; but when he saw that he was returned before the day appointed , fearing to match with his well knowne strength and valour , would have shifted the fight with many frivolous excuses . Now there being assembled and met together at that time brave Knights from all the parts of Christendome , Clifford partly for envie of the honour conferred upon his adversary , and partly remembring their old debates , but chiefly because of this disgrace and infamie , of being put to this necessitie of refusing to fight with him , hee caused mercenarie cut-throats to lie in wait for him , who as he happened to walke through the streets , and view the walls of the Towne , set upon him , and murdered him , not without great difficultie : by which losse that enterprise against the Infidels was disturbed and dashed . We told before how he is stiled Prince of Danskin , and Duke of Spruce , in the Monuments of the Sinclairs , of whom one had married his daughter : sure it is , by the report of many eye-witnesses , that there was a gate in Dansick on which the Coat of the Douglasses was carved and graven in stone , which decaying , and being of late re-edified , this monument of him is perished . The common opinion is , that Dansick having beene taken by Infidels , was regained by Scottishmen , and therefore it is that the Scots have such priviledges there : and there is a part of the Town which they call little Scotland , which is inhabited almost with Scottishmen . All which must be referred ( most apparently ) to the Lord Niddisdale , and to this time , and doth testifie in some measure he hath surpassed the quality and condition of a private man , or of a stranger in those parts , seeing he acquired the title of Prince and Duke , whereof we can affirme no more then hath beene said . This fell out about the yeare 1389. or 1390. about the death of King Robert the second . Of Archbald the second , called The Grimme , the third Earle , and twelfth Lord of Douglas and Bothwell . UNto James ( slaine at Otterburn ) succeeded his brother Archbald , whom Hollinshed wrongfully calleth his Cousin . Hee was married to the daughter of Andrew Murray , sisters sonne to K. David Bruce , and Governour of Scotland : by her he got the Lordship of Bothwell , and many other lands ; and she bare to him two sonnes , first William , who died a yeare before his father without children ; and Archbald , who succeeded to his father : also a daughter named Marjorie , married to David Prince of Scotland . Concerning this Archbald the Grim , we finde not many particular acts of his recorded , besides those which he did in his fathers time , and in his brothers ( of which we have already spoken ) although certainly hee cannot but have done divers worthy of memorie , seeing he hath the name and reputation of a most worthy Captaine , being so sterne and austere in carriage and countenance , that hee was termed , The Grimme Douglas , and by our Writers , Archbald the Grimme . Now that we may the better understand the reasons of the Douglasses proceedings and actions , let us ( as our manner is ) take a generall view of the estate of the Countrey at this time . His succession to the Earledome by the death of his brother was ( as we have said ) not long before the death of King Robert the second , who died in the Castle of Dundonald in the yeare 1390. April 19. Before his death there was a Truce taken betweene England and France for the space of seven yeares , wherein Scotland was also comprehended . By reason of this Truce partly , and partly for that his sonne John , who was afterward called Robert the third , was lame both of body and minde , and so no wayes fit for warre , there is no mention of any exploit done by this man : onely it is said of him , that when King Robert the third , in the year 1396. and the seventh of his reign , created divers Dukes , and would have made this Archbald one , he refused it as a noveltie and an empty title , not worthy of the accepting , seeing it was neither bestowed for merit , nor service done , nor had any reall advantage in it , save an airy show of appearing honour to please the humour of ambitious minds , of which he was none . The next yeare following , Richard the second of England , was deposed , and the Duke of Lancaster was made King in his roome , who was Henry the fourth : In the beginning of Henries reigne , the seeds of warre were sowen upon this occasion . George Dumbarre , Earle of March had betrothed his daughter Elizabeth to David the Kings eldest sonne , and had payed a great part of their portion before hand : But the Earle Douglas , alledging that the Kings private contracting of his sonne without the consent of the State , was not according to the custome of the Kingdome , nor right and orderly done , caused the matter to be propounded by his Majestie to the Parliament , as former Kings had done , and as reason required , seeing the whole Kingdome hath interest in the matching of their Princes , and Kings children . There he handled the busines so , that the contract with Marches daughter was declared void and null , and his owne daughter Marjorie Douglas , was contracted to the said Prince David by consent of the Parliament ; having offered a greater portion with her , then the Earle March had done with his daughter . He obtained for her joynture , all the rents and revenewes which belonged to the King on the south side of Forth . The way he tooke to bring this to passe , was by the means of the Kings brother Robert Earle of Fife , now made Duke of Albany , and Governour of the Countrey under the King , as he had been in their fathers time ; who did also then even govern both King and Kingdome , and every thing as he listed : and Douglas and he were inward , and deare friends , as his brother James ( slain at Otterburn ) and he had ever been : now whether the Earle Douglas had that respect indeed to have matters of such importance to the Kingdome done by common advice of the Nobility chiefly , or if his chief end were his owne particular , because of the old emulation betwixt the Earles of March and Douglas , to hinder the growth of that house by this great advantage of aliance , or if hee had an eye to both , or to any thing else , I leave it to be judged of others . The marriage was solemnized in the Church of Bothwel the yeare 1400. with greater haste then good speed , or any comfort to either party that we heare of . For neither came this David ever to bee King , which was the thing that was expected , that thereby the house of Douglas might have been greatned : Neither did this aliance of Prince David with the Earle of Douglas , stand him in any stead : in that hee was most miserably handled by his Uncle the Governour , who aspired himself to the Crowne , which makes me to wonder why hee did not rather hinder this marriage of his Nephew with the Earle Douglas , then thus further it ; seeing in all likelyhood it might have been a great let and strong hinderance to those his ambitious designes : But so are the secrets of things hid from us , that wee cannot finde out the causes and reasons of them by no means , being not observed , or not mentioned by the Writers of those times ; hovvever this marriage bred great contention and enmity betvveen the Earles of March and Douglas ( though neare kinsemen ) and did also disturb the peace and quietnesse of the Kingdome : for March before the marriage was solemnized , did not stick to goe to the King , and upbraid him with breach of promise , which ( he said ) was neither just , nor Princely ; craving also importunately , and roughly the restitution of his monywhich he had advanced for his daughters portion . The King having not answered him according to his mind , hee spared not to threaten that he should be avenged on that rufle and disgrace that he had put upon him and his daughter . And so retiring from Court , he fortefies his Castle of Dumbarre , and gives it in keeping to his Nephew Robert Metellan , he himselfe ( having received leave of King Henry ) went into England ; whereupon the Castle of Dumbarre was summoned in the Kings name by an Herauld of Armes , and was surrendered by the Captain thereof Robert Metellan into the hands of the Earle Douglas . The Earle of March returned into Scotland , but being excluded out of his Castle at Dumbarre , went back again into England , taking his Lady and children along with him , together with the nearest of his kinsmen , and his chief friends accompanying him . There he joyned with Henry Percie ( called hote spurre ) a perpetuall enemy of the house of Douglas , and trusting to the favour and good will borne him by these who dwelt on the East Border or March of Scotland , most of which were his vassalls and dependers , many of them his kinsmen , and all of them tied to him by some relation , or obligation , he troubled the Merse chiefly and the Earle Douglas lands with frequent incursions and inroades . The King hereupon caused proclaime him rebell , and yet notwithstanding , sent to him a Herauld of Armes , with profer of pardon , and restitution , upon condition that hee would returne and live peaceablely at home ; and that he should receive all such satisfaction for any wrong he could justly complain of , as he desired . But when hee refused to embrace this offer , the Herauld passed on to King Henrie , and complained of the Earle of March , craving that hee might bee delivered according to the Articles of the truce . But hee was answered by the King , that hee had given him his word , and could not breake it . In the mean time Percie , and the Earle of March , being emboldned with divers successefull attempts upon the Borders , adventured with 2000. men to come into Lowthian , where they wasted the Countrey near unto Hadington , assaulted the Castle of Hales twice but in vain : burnt the townes of Hales , Trapren , Markill , and other adjacent villages . And while they encamped at Linton upon Tine , hearing of the Earle Douglasses approach , who had raised sufficient forces , and was marching towards them , and was come as farre as Penkrake , they arose and fled in great haste , leaving behind them all their booty , together with their owne luggage and carriage . The manuscript and black booke of Scone say clearly that the Earle Douglas followed them so quickly , that he overtooke them or they got to Berwick , and killed divers , having wrested an ensigne out of the hands of Sir Thomas Colbouth which he brought into Scotland with him . Boetius relates it not much otherwise . Other Histories make no mention hereof , but onely say , that the Earle returned to Edinburgh with great congratulation and joy of all men . He died not long after of a burning fever the same yeare 1400 , in the beginning of February : very unseasonably for his Countrey ; which was destitute of able Commanders in warre , having lost divers others of good note not long before . He was buried in Bothwell with his Ladie . He was a man nothing inferiour to any of his Predecessours , or Successours of his house and name , in any kind of vertue , and in speciall of true and reall kindnesse to his friends and followers , as appeareth by a letter of his to the Earle of March in favour of the Laird of Ridpeth , a Gentleman in Lammer moore who was his follower , and was wronged by the Earle of March in the possession of some lands : but more in Marches refusall to right him ; he assembleth his forces , and dispossesseth the Earle of Marches sonne , and reponed Ridpeth in his right , and maintained him therein ever after , which his successours doe enjoy at this day . As for his valour and conduct in warre , hee is termed the best Captain of his time , and that in his person the splendour and glory of warrefare both stood and fell . Others say that hee left behinde him an honourable memory of high Prowesse , and noble valour , shewed in many enterprises by him happily atchieved for the good of his Countrey . In Piety hee was singular through his whole life , and most religious according to those times . He did very much honour and reverence all religious persons ; for whose use he founded the Colledge of Bothwell . Out of his zeal and sincerity he expelled the Nuns of the Abbacie of Lincloudon , and changed it into a Colledge of Clerks , because the Nuns ( saith Boetius ) kept not their institution of their order : and Major saith it is to be presumed , that they kept not their Chastitie , otherwise he could never have thrust them out . And in this he commendeth him , as having an eye to Religion , and a speciall care of the pure and sincere worship of God , as his onely end and intention . As for his prudence and providence , it appeareth that he did greatly encrease his Revenues , and enlarge his Dominions : hee was trusty and faithfull in his promises , and carried a minde free from all ambition , and vain glory : All vertues greatly to bee accounted of , and imitated of all . Of Archbald the third of that Name and thirteenth Lord , the fourth Earle of Douglas , Lord of Bothwell , Galloway and Annandale , first Duke of Turrane , Lord of Longe-ville , and Marshall of France . UNto Archbald ( the Grimme ) succeeded his second sonne , named also Archbald ; he was married to Margaret daughter to King Robert the third , and second of the Stuarts . She lieth buried in the Church of Linclouden , with this inscription on her Tombe , Hic jacet Margarita Scotiae regis silia , Comitissa de Douglas , vallis Anandiae , & Gallovidiae Domina . Herelies Margaret daughter to the King , Countesse of Douglas , Lady of Annandale and Galloway . He had by her two sonnes , Archbald , to whom Thomas Flemine Earle of Wigton resignes the Earledome of Wigton , and he is entitled ( during his fathers life time ) Archbald Earle of Wigton : his other sonne was James , Lord Abercorne , called grosse James . Hee had also two daughters , Margaret , married to Sir William Sinclair Earle of Orkney who was fifth in line from the Earle of Saint Clarences second sonne , that came first out of France , and was sonne to Giles ( or Egidi●… ) Douglas , daughter to the Earle of Niddisdale . Elizabeth was the other , who was married to John Stuart Earle of Buchan , second sonne to Robert the Governour , afterward Constable of France : her dowry or portion given with her in marriage , were the lands of Stuarton , Ormeshugh , Dunlope , Trabuyage ( in Carrict ) by resignation . This Archbald is hee who was called Tine-man , for his unfortunate and hard successe he had , in that he tint ( or lost almost all his men , and all the battels that hee fought . This nick-name , or cognomination in the old manuscript ( of Sir Richard Metellan of Lithington ) giveth to Archbald slain at Halidoun hill , and calleth this , Archbald one eye , for distinction , because of the losse of his eye in a battell against Percie . But that surname of Tyne man cannot bee given so conveniently to the former Archbald , who lost onely one field , and himself in it ; whereas this man ever lost his men , himself escaping often : hee is distinguished also from others by the Title of Duke of Turrane : But however he be named , it is true , that no man was lesse fortunate , and it is no lesse true , that no man was more valorous , as will appeare by the History . At his beginning to bee Earle , a little after the decease of his father in August 1409. Henry the fourth of England entered Scotland with an Army , and came to Edinburgh , where he besieged the Castle , in the which the Duke of Rothsay ( Prince of Scotland ) and with him the Earle of Douglas , were . The Governour of Scotland raised an Army to have given him battell , and was come to Calder-more , but went no further , and there disbanded his Army . The English Histories say , that the Governour sent word to the King of England , that if he would stay for him but sixe dayes onely he would give him battell , and that the Herauld got a silke gowne , and a gold chain for his newes from the King ; but the King having stayed twice sixe could heare nothing of his coming . The cause of the Governours slacknesse is given out by some to have been the desire that he had that the Duke of Rothsay might perish , and be taken out of the way , that he himself might come to the Crown . Now as all do agree , that he had these ambitious thoughts , so Major sheweth that there was also some other particular between them , whereof he relateth the occasion to have been this . There was one John R●…morgeny , who first laboured to perswade the Duke of Rothsay to cause slay the Governour , and then ( when he could not prevail with him to wrong his Uncle ) he dealt with the Governour to cut off the Duke his Nephew , as one that would ruine him , if ever he should come to be King. This Remorge●…y was seconded by Lindsay , who was upon the plot with him , and helped it forward upon malice against Rothsay , who had betrothed his sister , and rejected her , as he had done to the Earle of Marches eldest daughter . This seemeth not to be unlikely , and giveth some further light to the History , as containing the cause of the Governours not releeving the Castle of Edinburgh . It is also a remarkable example of crafty Counsellours , who are to be noted and avoided . And I marvell much how it hath escaped the diligence of our best Writers . I thought it not to be omitted in this place , as an instance of feare concurring with ambition in the Governour : and indeed these two are commonly joyned together , and take matter each of other . Ambition bringeth feare with it , and feare spurreth forward ambition toward that it aimes at ; as being not onely honourable , but necessary , and the onely meane to secure a mans selfe : especially where it lighteth upon such Counsellours , as these were , to blow the fire , whereof Princes had need to be aware , and stop the entrie to the first motions thereof . The blacke booke of Scone saith that Henry the fourth acknowledged himselfe to be ( semi Scotus de sanguine Cumini ) halfe a Scot of the bloud of the Cummins , and that he tooke the most High to witnesse , that he was not come to hurt the Countrey , but onely to have reason of some of the Nobilitie , who had written to the King of France that he was a Traitour in the superlative degree ( which letters his men had intercepted ) and to trie if the Authours of these letters durst fight it with him . The Manuscript saith that he was disappointed of his purpose notwithstanding : for he thought to have taken the Castle of Edinburgh , and to have made Scotland subject to him thereafter ; but it being valiantly defended by the Earle Douglas , he was constrained to rise from before it with great losse and discontentment , and no great credit ; especially for that the winter drew on apace , having sat downe before it about the end of September . I am not ignorant that our Writers give this Henry the commendation of great modestie in this journey , as being mindfull of the courtesie showne to his father the Duke of Lancaster in Scotland , and that they say that he used the prisoners not cruelly but courteously , and that when he passed by the Castles and Forts of the Countrey , he did onely require of the Captaines and Keepers of them , that his Ensignes might be set on the top of the wall , as a token of their submission , and that they were in his will : but seeing their owne Authors deny him this honour , and say that he burnt the Towns , Villages , and Castles , even a great part of Edinburgh and Leith , we have small reason to contend with them for it ; and so we accept of it , and follow the Scottish Manuscript . Upon Henries departure , because the Earle of March troubled the Countrey with frequent rather then with great incursions , the Earle Douglas ( who had the government of Lowthian , and the Castle of Dumbar ) went with an Army into Northumberland , and wasted the Countrey with great havock . At his returne he gave order that the Barons and Gentlemen should choose some of their number to be Captaines , and allot unto them a competent number to follow them , who might by turnes wait and be in readinesse , either to resist the enemie , or to make an in road upon him in his owne Countrey , as they should find occasion . The first turne fell to Thomas Haliburton Lord of Dirleton , who having entred England , and gotten a great bootie neere unto Bambrugh , returned home safe . But Patrick Hepburne of Hailes ( the younger ) had not the like successe : for he going upon the like adventure , had indeed taken a rich bootie , but having stayed a day longer then he should ( and had beene advised by his friends ) in the enemies bounds , they gathered themselves together , and following him , overtooke him at West Nisbet in the Merse . There , after a sharp encounter , the Scots had gotten the better of the English , and well nigh the victorie , till George Dumbarre , the Earle of Marches eldest sonne , coming in with an hundred fresh horse , regained the victorie to the English , and slew the flowre of the youth of Lowthian , together with their Captaine Patrick Hepburne . The fight happened the 22. of June 1401. the place whereof is yet called , The Slaughter Hill. This Patricke Hepburne was entirely beloved of the Earle Douglas , and as deare to him as his owne selfe : for he it was that fought so valiantly at Otterburne , and therefore he was filled with griefe and indignation for his death , being so brave a Captain , and so deare a friend to his house , and to himselfe . His honour also , and the credit of his Countrey stirred him up also to seeke a revenge of the Authors thereof . Whereupon having obtained leave of the Governour , he gathered together about some 10000. men , amongst whom were many of the chiefe Nobility of the land , even the Governours eldest sonne Murdock ( who succeeded to his father in the Government ) George Earle of Angus ( his owne Uncle ) Thomas Earle of Murray , and John Dumbarre brother to the Earle of March , one that had married the Kings sister . With this company he entered England as farre as Newcastle upon Tine , and having gotten a great bootie , was retiring homeward . In his returning , neare unto Milfield , Henry Hotspurre and George Earle of March lay in his way with a farre greater power then he had . Wherefore the Earle Douglas tooke a ground of advantage , which was a little hill besides Homildon , a Village in Northumberland . Percie would have marched straight towards him to have assailed him , but the Earle of March ( being very skilfull in warre , and more calme and advised ) stayed him , and gave him counsell first to send a flight of arrowes amongst them , and to give them a volee of their fielding pieces , which was done accordingly , and did greatly annoy the Scots , and slew many of them . Douglas perceiving that he could not brooke that place with safety , thought it better to hazzard the battell in plaine field , then to stand still and see his men slaine about him by the enemies shot , while they stood safe , and came not within stroake of their swords , and long weapons . And so ( though farre inferiour in number ) downe the hill he goes , and gave a fierce assault upon the enemie . But the Vauntguard being brangled , and giving backe ( being much troubled and sore wounded by the Archers ) though they were sharply rebooked by Adam Lord Gordon , and Sir John Swinton , and brought on againe , yet were they not able to sustaine and abide the shot of the enemie , but were defeated every man. The rest that were behind , being exhorted by their Captaines to revenge the death of their fellowes slaine before their eyes , did acquit themselves bravely , but being overwhelmed with the greater number , were also overthrowne at last . There were many slaine , amongst whom were the forenamed Adam Lord Gordon ( who had beene at variance with the Earle Douglas , but in this expedition hee had been reconciled to him , and Knighted by him ) and Sir John Swinston , two that gained greater reputation of valour and courage that day , and fought so valorously , that if the rest had followed their example , that field had not been so lost . There were also divers others of note ; such as John Livinston of Calender , Alexander Ramsay of Dalhousie , with a number of common souldiers . Many were taken of quality , Murdock the Governours son , George Earle of Angus , Thomas Earle of Murray , Robert Ereskine of Alloway , James Douglas eldest son to the Lord Dalkeith , and his two brothers , John and William ; George Lesly of Rothes , Patrick Dumbar of Be●…ll . In the black Booke of Scone is set downe the death of the foresaid George Earle of Angus , how hee died in England of the plague being a prisoner ( with many others ) and Alexander Hume of D●…glas also , as the same Booke doth witnesse . The Earle Douglas himselfe was taken also , having lost one eye in the fight . This battell was fought on the Holy Rood-day in Harvest , or ( as others ) the 5. of May 1401. or 1402. rather as appeareth by the former History . Whilest the Earle Douglas was prisoner in England , the Duke of Rothsay became so riotous , and insolently unruly , that his father not being able to governe him by his owne authority , did commit him to his brother , the Governours tuition , to be corrected and ta●…ed by him . Hee made use of this occasion for compassing his owne ambitious ends , or to be rid of the feare hee had of him , shut him up in Falkland , and starved him to death . The blacke Booke of Scone saith , that the Earle Douglas was with the Governour , when hee brought the Duke from Saint Andrewes to Falkland . But it should rather seem that he hath been a prisoner in England , when the Duke was thus used : for if hee had been at home , in all likelihood he would have reclamed the Duke ( being his brother in law ) and have brought him out of his wild courses ; or by his credit with the Governour would have saved him , and prevented such extremity , unlesse he had proceeded so farre as to cast off the Earles sister , whereof we heare nothing . And even in that case , seeing there is alwayes some hope of reconcilement between man and wife , and therefore such fallings out are often born with , in Princes upon that hope ; it is likely he would have used his care and credit to have composed things in some better sort : however , whether through his absence or negligence , or that having small hope of amendment , he would not meddle in it : the Duke persists in his lewd wayes , and growes rather worse then better . Wee reade of no help or assistance that the Douglas made unto him , as hee was bound by so neare alliance . Neither do we heare how he carried himself toward the Earles sister his wife ; or whether shee had any children by him or not , though they had been married at that time some foure or five yeares , and hee was a man of twenty three or twenty foure years of age at the least , having been eighteen when hee was enstalled Duke in the 1396. yeare , which is a great neglect and oversight in our Writers . This is clear that neither party had any contentment , or comfortable succes from this match which they so much affected & brought to passe with so great trouble , disquiet , and mischiefe in the Kingdome : a notable lesson for men to moderate their desires of any thing , and not to seeke it over eagerly ( though it seem never so advantagious ) in respect of the uncertainty of the sequell and event of all humane things . But to returne to our prisoner : wee see him hurt , defeated , a captive , but neither disgraced , nor discouraged ; no nor any whit lesse esteemed of by his friends , or enemies : who indeed needed not to bee over proud of this victory , which was obtained rather by the multitude of men , then meer valour , neither were they yet quit with the house of Douglas , for what they had received of them before : however these vicissitudes of fortune in the emulation of these two houses ( Douglas and Percie ) were matter rather of sharpning then discouraging , and dejecting their spirits , and bred not hatred , but an higher ( though emulous ) esteem of each towards other . This overthrow and losse of the Earle Douglas did not diminish , but rather increase his praise and glory , and that even in the opinion of the Conqueror . It became also the occasion of shewing his worth in a more conspicuous and publike Theatre , and on a more eminent subject , and powerfull enemy : for not long after , the Earle of Northumberland ( whether for envie of King Henries good successe , to whom he had been a great friend in the beginning ; or for that Henry usurped the Kingdome contrary to his oath and promise ; or for his neglecting to relieve Edmond Mortimer Earle of March , taken prisoner in his service against Owen Glendour by the said Owen , or out of indignation against him for craving to have his prisoners from him , which hee had taken at West Nisbet , and at Homildon , of whom onely they had sent Murdock Stuart to the King ; or for what ever other cause ) the said Earle entered into league with Edmond , Owen , and some other Lords , against the King , with such confidence , that they made a tripartite Indenture , wherein they divided all England into three parts , to each of them a third : whereupon Percie , esteeming highly of the Douglas valour , having had good proofe thereof at Homildon , offered if hee would take part with him in this enterprise , and shew himself as yaliant on his side , as hee had done against him , that he should not onely be let goe without ransome , but also ( if they prevailed ) he should have Berwick , and a part of Northumberland for his reward . Douglas , who was no wayes slack to embrace any good occasion against England , gladly accepted the condition , and getting leave to come home , returned again at the time appointed , well accompanied with many of his friends and followers . The leading of the vantguard was committed to him , which place he discharged bravely , and behaved himself so , as no man ever did more valiantly and admirably by all mens confession : for after the Scots ( who were led by him ) had made a fierce onset upon the Kings foreward ( conducted by the Earle of Stafford ) and forced them to give back , having almost broken their ranks , the King came to their aid with his fresh troupes , and renewed the fight more fiercely then before . Douglas and Percie , perceiving the King to be there in person , bent their whole forces towards him with such violence , that if George Dumbarre , Earle of March ( who had of late betaken himself to the Kings side ) had not warned the K. to withdraw himself from that place , Douglas had certainly slain him , for hee made so hard an onset on the Kings Standard , that he bore all down before him , and slew the Earle of Stafford with his owne hands , who had been made Constable of England that same day : as also three more , who were apparelled like the King : and when the K. restored the battell again , and had broken the rankes of those that stood against him , Douglas seeing him the fourth man in royall apparell , hee said aloud in great choler and indignation , where the Devil were all these Kings borne ? and withall running fiercely at him , beat him from his horse , and at the same instant slew Sir Thomas Blunt , the Kings Standard-bearer , and overthrew the Standard . But the K. was rescued , and mounted again by those that were about him , especially by his owne sonne ( afterward Henrie the fifth ) and so escaped . At last the victory fell to the Kings side , who had behaved himself most valorously , and is reckoned to have slain with his owne hands thirty six of the enemies . So that the victory is ascribed chiefly unto him , who did both by word and example encourage his Souldiers , that they renewed the fight , slew the Lord Percie , and with him discomfited the whole Hoast . The Earle Douglas was taken prisoner , and brought to the King , who would on no wise consent to have him put to death ( though divers perswaded him to it ) but commended his faithfulnesse to his friend , and praised his valour , which he honoured much ; in regard whereof he both caused cure his wounds , and sent him rich presents . Some write that being asked by those of the Kings side , why hee did joyne with such traitours against the King , his reply was onely this ; It seemeth ( saith hee ) that the King is yet alive , though divers Kings have been killed to day . This answer being so full of resolution , and courage , and void of all fear , did move the King to regard him so much the more . They tell also that being hurt in his privie members , when after the battell every man was reckoning his wounds , and complaining ; hee said at last when hee had hard them all , They sit full still that have a riven breike . The speach continueth still in Scotland , and is past into a Proverb which is used , to designe such as have some hidde and secret cause to complaine , and say but little . Holliwshed writeth , that in respect of his Noble parentage , and valour , he was tenderly cherished by King Henry , and frankly and freely demitted without ransome : and such indeed is the custome of generous minds to honour vertue even in the enemy . It is generally agreed upon by all , that he was highly honoured and esteemed , so that the King ( or some of his Nobles ) caused draw his picture , which is still to be seen in the privie Gallery at White Hall. But touching his delivery , some say that when he had stayed in England certain moneths , he was with difficulty set at liberty after he had payed a great summe of money . Others write , that he was detained eight or nine yeares at least , but that seems to be too much for this battell ( called Shrewesbury field ) was in the yeare 1403. in the fourth yeare of King Henry , on Saint Magdalins day , and Douglas was set free at the death ( or not long after ) of K. Robert the third of Scotland , in the yeare 1406. When the Earle hard word of his death , he made shift to agree for his ransome , and so returned with all speed into Scotland . It is said , that George Earle of March did him very good Offices in England , and was a chief mean and instrument of his delivery , being reconciled to him during his imprisonment : wherefore the Earle Douglas at his return procured liberty for the Earle of March to come home into Scotland , and to be received a free Liege again ; but upon condition that he should suffer the Castles of Lochmaban and Dumbarre to remaine with the Earle Douglas and his heires , notwithstanding of any agreement made between them to the contrary in England . And so in the yeare 1411 he was restored by the Governour , after hee had remained fifteen yeares in England , or thereby , having done great hurt to his Countrey , and much good service to the Kings of England ; but for all the service hee did , hee could neither move the King to restore him , and repossesse him again in his owne , neither obtain competent means and allowance for his estate and quality . A notable example for Subjects , to learne hereby not to forsake their naturall King , and native Countrey in hope to be supported or ayded by forrain Princes : farre lesse thus to hurt and endammage their owne Countrey , for the pleasure and advantage of strangers . The black book of Scone ascribeth the restitution of the Earle of March to Walter Halyburton sonne in law to the Governour ( Gener Gubernatoris ) by marrying his daughter Isabell ( a widdow , and Countesse of Rosse ) for which he got from March a fourty pound land in Birgeam ; and that the Earle Douglas got back Lochmaban , and the Lordship of Annandale : however it bee , a yeare or two after the Earle Douglas was returned , the Earle March was restored , whereunto Hollinshed also seemeth to agree : for in another place after the death of King Robert ( which hee setteth in the yeare 1408. ) forgetting what hee had said before ( that the King dimitted Douglas frankly and freely ) hee writeth thus . Archbald Earle of Douglas , as yet remaining captive in England , after hee had knowledge of King Roberts death ( to wit , five yeare after this at least by his owne account ) made shift to agree for his ransome , and so being set at liberty , returned with all speed now at length into Stotland . Wherein he contradicts himself , and casteth downe all that liberality , and magnanimity of his King ( in dismissing the Douglas freely ) and with so much the more blemish , as in saying it was done , he acknowledged it should have been done , as it had indeed been most honourable and Princely , and might ( perhaps ) have gained the heart of that worthy Nobleman . But we find but few actions in that kind of full beneficence practised towards the Scots : and it seems that his great worth hath extorted their admiration , and some Offices of courtesie , & common humanity , such as were the preservation of his life , and curing of his wounds ; but the old grudge of Nationall quarrell remaining still in vigour , did choake the fruit of true Princely dealing , and kept it that it came not to that full maturitie of beneficence , which the party deserved , and was suteable fot such a King. Wherefore let him content himself with this honour , that his valour was acknowledged abundantly , and himself by the confession of King Henries owne Heraulds , accounted one of the chief Chivaliers and Champions in Albion : and let him thanke his own prowesse more then their kindnesse for this testimony . Wee will also adde a witnesse of these in our times , one of their owne Poets ( Samuell Daniell ) who speaking of King Henries son , who releeved his father in the battell of Shrewesbury from the Earle Douglas , he writeth thus : Lib. 3. Stanza 113. Hadst thou not here lent present speedie aid To thy endangered father neerely tired , From sierce encountring Douglas overlaid , That day had there his troubled life expired . Heroicall couragious Blunt arrayed In habit like as was the King attired , And deem'd for him , excus'd the fault of his , For he had what his Lord did hardly misse . Taking Blunt for one of those that were apparelled like the King , whereas others account him to have been the Kings Standard-bearer . But in the warres between York and Lancaster , it is more amply set downe in this sort : Lib. 4. Stanza 49. Yet here had he not speedy succour lent To his endangered Father , neare opprest , That day had seen the full accomplishment Of all his travels , and his finall rest : For Mars-like Douglas all his forces bent T' encounter and to graple with the best ; As if disdaining any other thing To doe that day , but to subdue a King. Stanza 50. And there with siery courage he assailes Three all as Kings adorn'd in Royall wise , And each successive after other quails ; Stil wondring whence so many Kings should rise . And doubting least his hands or eye sight fails , With these confounded on the fourth he flies , And him unhorses too , whom had he sped He then all Kings in him had vanquished . Stanza 51. For Henry had divided as it were The person of himself into foure parts , To be lesse knowne , and yet known every where , The more to animate his peoples hearts ; Who cheared by his presence , would not spare To execute their best and worthiest parts : By which two speciall things effected are , His safetie and his Subjects better care . And in the 54. Stanza , speaking of Hotspurre , But he as Douglas with his fury led Rushing into the thickest woods of speares , And brooks of swords , still laying at the head . Then a little after in the 56. upon the killing of Hotspurre Which thus mispent , thy Army presently As if it could not stand , when thou wert down , Disperst in rout , betakes them all to slee : And Douglas faint with wounds , and overthrowne , Was taken ; Who yet wanne the enemy Which tooke him , by his noble vertue showne In that dayes mighty worke , and was preserved , With all the grace and honour he deserved . And that was all to be preserved and respected , but not easily nor soon dismissed : for ( besides what hath been said of this point ) there is an Indenture yet extant , which contains the agreement betwixt King Henry , and him . That whereas the said Earle was lawfull prisoner to him , or to his sonne , John of Lancaster , he should have free libertie to returne to his own Countrey of Scotland , upon his giving of twelve Noble Hostages for his reentry into the Castle of Durham , being then in the custody of the said John of Lancaster . The Hostages were , 1. Archbald Douglas , his owne eldest son and heire : 2. James his brother : 3. James son and heire to James Lord Dalkeith : 4. Sir John Mongomery , Lord of Adderson : 5. Sir John Seiton , sonne and heire to the Lord Seiton : 6. Sir William Douglas , of Drumlainrig : 7. Sir William Sinclair of Hermiston : 8. Sir Simon Glendining sonne and heire to Sir Adam of Glendining : 9. Sir John Harris , Lord of Terregles : 10. Sir Harbert Maxwell : 11. Sir William Hay : 12. Sir William Borthwick . The Condition beares that upon the Earles reentry of his person into the wards of the said John of Lancaster , the said Hostages were to bee set free to repair with sate conduct into their own Countreyes , and that within fourty dayes after the Earles re-entry , or alter his death . And that the Prince Thomas , and his said brother John , and the Earle of Westmoorland should be obliged by expresse commandment from the King to secure the said Hostages , during the time of their abode , and residence in England . And if the Earle should fail of his re-entry again , that the said Hostages should be at the Kings disposing . And in case the said Earle should die , his eldest sonne and heire was to abide prisoner with the King in his sons keeping , and the rest of the Hostages were to be set free immediately . And further it was conditioned , that the Earle should do his uttermost to keep the truce that had been reated of between the King , his Counsell , and the said Earle : and that he should cause it to be ratified and confirmed by both the Realms of Scotland and England , for sixteen yeares : and in case he could not obtain that , that then the said Earle for himself , and his Countreyes betweene the East and West seas , inhabited by any of his men and vassals , should keepe truce with England from Pasch next , till Pasch thereafter . These conditions were drawn up by the Kings Councell in forme of an Indenture , whereof each had a counterpane , signed , sealed , and delivered reciprocally by the said parties at London the fourteenth of March 1407. During the time of his captivity in England , the Duke of Rothsay was famished to death by his Uncle the Governour , who being accused thereof by the King his brother , made such a slender purgation , that the King fearing he would doe the like to his other sonne James , sent him by sea to France , where he might remain in safety while he were come to years . But being driven in by storme of weather into the coasts of England , he was detained as a prisoner by the King and State. Hereupon followed the death of the desolate father , and the continuance of the Governour in his Office. And now Douglas being come home ( in the yeare 1411. ) hee kept good correspondencie with the Earle of March ever after , for there had alwayes beene friendship betwixt the two Houses ( of March and Douglas ) untill the match with the Duke of Rothsay did separate them ; and now that being away and digested , and March having furthered Douglasses delivery out of captivitie , and Douglas procured , or helped to procure Marches peace and restitution , they joyned ever thereafter in all common affaires . Some write that those two did burne the towne of Roxbrough , but it seems to bee mistaken ; for that was done ere they came home , by William Douglas of Drumlanrig , and Gawin third sonne to the Earle of March. After their return , there is no mention of any exploit of warre between Scotland and England for the space of tenne yeares : whether it were that there hath been any truce , or that Henry the fourth dying , his sonne Henry the fifth was so taken up with the warre with France , that he had no leasure to looke toward Scotland ; or that the Governour durst not attempt any thing against him , for feare hee should send home the rightfull heire to the Crowne of Scotland , whom he had in his power and custody , and who ( he doubted not ) would finde favour enough in Scotland , both for his right , and out of commiseration of his estate , and condition . So there was nothing done , except some slight and private inrodes , such as when the Earle Douglas burnt Penmoore a towne in England at which the Earle March is also said to have been in the yeare , 1414. In the yeare 1420. The Governour died , and his sonne Murdock was made Governour in his place , having been relieved a little before by enterchange of a sonne of the Earle of Northumberland . He was a man of a dull and heavy spirit , and of no authority , not so much as to governe his owne family , which made him to be little regarded : about this time the civil warre in France grew hot between , Charles the sixth King of France , Philip Duke of Burgundie and Henry the fifth of England on the one part , and the Daulphin of France on the other , for Philip of Burgundie had perswaded the King of France to dis-inherrit his sonne the Daulphin , and to give the Crowne with his daughter to Henrie of England . So that the Daulphin , ( afterwards King Charles the seaventh ) was redacted to that extremity , that his enemies called him in derision , King of Bourg , because his residence for the most part , was in Bourg in Berrie . Wherefore he being thus abandoned by his own Countrey men , and destitute of all forraign help , sent ( this yeare ) the Earle of Vandosme Ambassadour into Scotland to crave aid according to the ancient League , and made great promises to all the Scots that would assist him in this quarrell . It was willingly granted by the whole State , and seaven thousand men agreed upon , as a competent number for that service , which was soone made up of Volunteers : the youth of Scotland being now greatly multiplied by long peace with England . Their Generalls were John Earle of Buchan , and Archbald Earle of Wigton the one sonne , the other sonne in law to Archbald Earle of Douglas . Whilest they were busied in France , the Earle Douglas was not idle at home , for the black booke of Scone beareth that hee went with an army to besiege the Castle of Roxbrough , and with the Governour Murdock , against Berwick , but they returned both without effecting any thing , by reason of the treachery of some Scots ; wherefore this was named the foule roade . We reade of Douglas also how hee was judge to a duell in Bothwell-haugh , between John Hardy , and Thomas Smith : this Smith had accused the other of treason , which Hardy denying , and the other not being able to prove it by witnesses , the combat was appointed for triall of it , in which Smith ( the accuser ) was slain . The same booke also saith that ( in the yeare 1420. or 21. ) the Earle Douglas entered England , and burnt the towne of Aewels . But here it will not be impertinent for us to step over to France , and see what Buchan and Wigton are doing , seeing that this imployment gave Wigton occasion to show himself there , and did afterward also draw over his father ( the Earle Douglas ) thither : and the order of time doth also leade us to speake of those things in this place . We have told before how John Stuart Earle of Buchan , who was second sonne to the former Governour , and brother to Murdock present Governour of Scotland ) and Archbald Douglas Earl of Wigton ( whose sister Buchan had married ) were chosen to conduct the forces sent into France , to aid the Daulphin against the King of England , and Duke of Burgundie . The chief Gentlemen of note and qualitie that went along with them were Robert Stuart ( another sonne of the Governour ) Alexander Lindsay ( brother to the Earle of Crawford ) and John Swinton Knights , being arrived in France , they were received of the Daulphin with great joy , and made heartily welcom ; who gave them the Towne and Castle of Chastillion in Turrain for their rendezvous and place of retreat and resort , being a fertile Countrey , and abounding in all things necessary ; as also for that it lay neare unto the enemy , for the Duke of Clarence ( King Henries brother and Lieutenant ) was about to have spoyled the Countrey of Angiers , or as ( Hollinshed ) had spoyled it already , and had retired into the towne of Beaufort in the Vallay , and was ready to assault a towne called Vielle Bauge ( old Bauge ) some two dayes before Pasche . The Scots expecting that ( as the manner then was ) he would have abstained from all feats of armes , and have given himself to the devotion of the time : or having ( as some others say ) taken and given assurance for eight dayes , which is the space of time commonly bestowed upon that solemnitie , were somewhat remisse and negligent in their discipline . The Duke of Clarence having notice hereof by a Lombard called Andrew Fregosa ( as some say ) or by some Scottish prisoner intercepted ( as the Annals of France do beare ) who discovered to him the government of their army , and the carriage of their Leaders and Captains , was very glad of so good occasion ( as hee deemed it ) to take them at unawares , and defeat them . Wherefore he rose presently from dinner , and taking with him onely the horsemen , leaving the Archers under the conduct of the bastard of Clarence , Sir Thomas Beauford , whom he had lately Knighted at Angiers , together with two Portugall Captains to assist him , he made straight toward the enemy , saying , that he and the Nobles onely , would have the honour of that day . Hee went with great confidence to have surprized the enemy , carrying a faire Coronet of Gold on his head , and very magnificently apparrelled , as if hee had beene riding in triumph . There was a Village called little Bauge , through which the Duke was to come , where a few Frenchmen of the Daulphins side lay . These being terrified with the sudden coming of the English , got up into a steeple for safety and sanctuary : there while they make a halt , and assault the steeple , the cry riseth , and the noise of their approach was carried to the rest of the Army , whe presently ran and took armes . While they were arming themselves , Buchan and Wigton sent 30. Archers to keep a certain bridge , by which it behoved the enemy to passe over a brooke which ran in the way . These went as they were commanded , and as they were going Hugh Kennedie came out of a Church where he lay with an hundred men , but unarmed , or halfe armed , by reason of the great haste , and joyned with them : while they defended and made good the bridge , and kept off the horsemen with shot of arrowes , the Duke with the principall of his company alighted from their horse , and made such an onset upon them , that they were forced to leave the bridge and passage open for the enemy . Being past the bridge while the Duke mounteth again on horseback , and the rest of his folks are passing after him , Buchan and Wigton came upon him with two hundred horse , and enter there into a sharp conflict on both sides , both parties being ( most part ) Noble men , who were desirous of glory , and had a minde to give a proof of themselves with equal courage , and hatred . The Scots were glad to have occasion to show the French what they could doe ; and to confute their whisperings , and surmises , wherein they reproached them , as fit onely to consume victuals : and the English were moved with great indignation , that they should bee thus perpetually troubled by the Scots not onely at home , but also abrode beyond the sea in a forraine countrey . And none among the English fought with a greater courage and resolution , then the Duke himselfe : but Sir John Swinton espying him ( being easily knowne by his Coronet shining with pretious stones , and his glistering armor ) ran fiercely at him with a lance , and wounded him in the face : hee being hereby in a great fury , put forward his horse to have charged the enemy , but was encountred by the Earle of Buchan , who ran him through with a speare , and so slew him ; or ( as others ) felled him downe to the ground with a steell hammer . The rest seeing him fall , some fled , and many were slain in their flight , being pursued till the night came on . This battell was fought on Pasch Eve , in the yeare 1420. or ( as our Writers and the English ) 1421 , There were slain of the English 200. Nobles and Gentlemen : The Duke of Clarence , The Earle of Tankervill , The Lord Rosse , Sir Gilbert Wimfravill ( whom they call Earle of Angus ) John Lumlay , Sir Robert the Earle of Summerset , and his brother ( whose sister James the first did marry afterward ) Suffolk and Perch , the Lord Fitzwater , Sir John Barcklay , Sir Ralph Nevil , Sir Henry Englishes , Sir William Lanton , Sir Thomas Boroughes , were taken prisoners . There were but few slain of the Scots and French , and those meane and obscure men . This is the most common report of the Duke of Clarence his death : but the booke of Pustardan saith , that he was slain by Alexander Macklellane , a Knight in the Lennox , who also having taken the Coronet from off his head , sold it to John Stuart of Darnelay , for 1000. angels . This victory being obtained , most part by the vallour of the Scots , the Daulphin in recompense hereof made Buchan Constable of France , and morgaged the Dukedome of Turraine to Wigton , the revenue whereof at that time was vallued to 10000. crowns . The reversion of this Dutchy he gave afterward to the Earle Douglas his father , who was created absolute Duke of Turrain , and Lord of Longu-vill , and established the same to his heires male , as shall be shewed hereafter . The French Writers say also that he made Wigton Marshall of France . The King of England upon the death of his brother , came into France in May , or about the beginning of June ; and carried along with him the heire of the Crown of Scotland : ( afterwards King James the first ) thereby to divert the Scots from assisting the Daulphin , or to have made the Daulphin to suspect their fidelitie ; but none of those plots succeeded as he would have had them : for neither would they acknowledge him for their King being in anothers power : neither did the Daulphin conceive any sinister opinion or jealousie of them . Wherefore the same yeare ( or the next , to wit , one thousand foure hundreth and twentie one ) the Daulphin caused besiege the Towne of Cosme upon Loire . And Henry departed from Paris to have relieved it , but by the way hee was overtaken with sicknesse , and returned to Bois-devincins : yet he sent the Duke of Bedford with a puissant Army to succour it ; and the Scots and French finding themselves too weake to resist , rose and retired to a strength , where the rest of the Army had assembled with resolution to abide the enemies comming . While as the English were preparing to fight , newes were brought them of their Kings death , which made them to alter their purpose of giving battell . The King died about the last of August , one thousand foure hundred and twenty one , and his corps was carried into England , the two and twentieth of October . Not long after Charles King of France died also , which was the occasion that Buchan , and Wigton , with many of the Gentlemen that accompanied them , returned into Scotland . But it was not long ere the Daulphin had need of them , sent his Chancellour Rene de chartres , and the Archbishop of Rheines into Scotland to recall his Constable , but the Earle of Wigton was so vehemently sick that he could not possibly travell . Wherefore the Earle Douglas his father went in person himself , and being a Noble man greatly regarded far above any other Subject in Scotland : there went with him great store of young Gentlemen , some to doe him honour , some to bee participant of his fortunes , and most to bee trained under him in discipline of warre . So besides those that went over with Buchan and Wigton , in the yeare 1420. there went at this time with the Earle Douglas 10000. more , as saith Hollinshed . They landed at Rochell , and being to come to the Daulphin , were gladly welcomed and much made of , especially the Earle Douglas , of whom he had heard much by report , that hee was both valiant and skilfull in warre : And therefore he enstalled him in the Dutchie of Turrain , which he gave to him and his heires for ever ; having onely engaged it before to his sonne ( upon reversion ) and moreover made him Marshall of France . This hath been ( in all appearance ) in the yeare 1423. at most , yet we do not finde any memorable thing done by them , or against them , untill the battell of Vernoill , ( which if we reade our Histories ) one would think it had been fought immediately upon their landing , thought it be cleare , that it was not till after the death of King Henry the fifth , and in the second yeare of his sonnes reigne in the yeare of God 1424. The occasion whereof was this : The Earle of Bedford having besieged Ivery , the Daulphin to relieve it , sendeth the Army under the Conduct of the Duke of Turrain ( whom the French call Marshall Douglas ) of the Constable Buchans the Earle of Narbon and others . They not being able to force Bedfords camp , when they were come within two miles of him , returned towards Vernoill in Perch , which belonged to the King of England , and sent word to the Garrison there , that they had discomfited the English Army , and that Bedford with a small number had saved himself by flight . The Garrisons giving credit thereto did open the gates , and received them with the whole Army into the towne , where having left a part of their Army , they came and encamped in the fields neare the towne . Bedford having gotten Ivery by composition , or surrender , followeth them , and sent word to the Duke of Turrain by a Trumpet , that he would come and dine with him : The Duke bade him come , he should be very welcome , for all was ready . Neverthelesse , when the point came to consultation , his opinion was that they should not fight at that time , because hee thought it not fit to hazzard a battell , but in case of necessitie , and that they had no necessitie to fight at that time , in respect that they had Vernoill in their hands , and other two good townes besides , whereby they might bee plentifully furnished with provision , which the English could not have , and thereby would bee constrained to retire : But the Earle of Narbon was earnest to have them fight , and said the Nobility of France should not receive such a bravade from the enemies , and if none would fight , he would do it alone ; and so getting him hastily out of the Counsell , he began to put his men in order . The Duke of Turraine tooke such indignation hereat , that hee should offer to fight without his leave , that hee determined not to have stirred at all , and it was long before hee would suffer his men to goe forth : yet at last , thinking that it would reflect upon him if he should sit still , and see them overthrown in his sight , he armed and went forth also . But then there arose some strife for the vantguard betwixt them , which made things to be so confusedly handled , that the English got the victory , slew the Duke , Buchan , Sir Alexander Lindsay , Robert Stuart , and Sir John Swinton , with above 2000. others of all sorts . Hollinshed in his Chronicles of England saith , ( but upon what warrant wee know not ) that the Earle Buchan ( Constable ) was not slain , but lost an eye onely , and was taken prisoner : he reckoneth among the slain Sir Alexander Hume , whom our Writers doe not mention , yet it is true and knowne to them of that house : that Sir Alexander Hume of Douglas went thither in the Earle Douglas company , and was slain with him : for they tell how Sir Alexander being minded to send his brother David Hume of Wedderburn , went to accompany the Earle to his Ship , and when they were parting , Douglas embracing him kindly , said to him , would I have beleeved Sir Alexander that ever you and I could have been separated from one another : To whom hee replied , surely then my Lord , I shall not part ; and so taking his brother Davids apparrell and furniture , and sent David back : he went with him to take care for his house and children in his absence , or in case of his death : which he also did with such fidelity , and industry , after the death of his brother , that he greatly increased the estate , and purchased for a younger sonne of his brothers , called Thomas , the lands of Tiningham : and for another ( named James ) the lands of Spot : hee is said to have purchased Wedderburn for himself : but the truth is , he had it tenne yeares before , not by marriage , but by the gift of Archbald , Earle of Douglas , which must have beene the same Duke of Turrain , as the date of the evident doth clearly show , being of the yeare 1413. His sonne Archbald also entitling himself Earle of Wigton , and Lord of Longuevill , and Eskdale giveth to the same Sir Alexander Hume a bond of one thousand Nobles , dated at Bothwell the 9. of February 1424. whom it designeth Sir Alexander Hume of that Ilke , which I mention the rather to show what great freindship hath been between them . Here again I cannot passe by the sloath . and unattentivenesse of Writers sloath , ( Scottish and English ) who reckon amongst the slain , here a sonne of the Earle Douglas ( whom some call James ) and make him his second sonne , nay , some doe even make him his eldest sonne and heire , and call him Earle of Wigton . But those are all mistakings ; for the Earle of Wigton ( whose name was Archbald ) was lest sick at home , and possessed the Earledome after his fathers death : Neither was it yet James his second sonne , who was Lord of Abercorn , and outlived his older brother , and his children , that vvere put to death in the Castle of Edinburgh , to whom also he succeeded in the Earledom , as the same Writers themselves ( almost all of them ) confesse . Wherefore the Reader had need even to reade the best Writers vvith judgement and attention , seeing such escapes are incident ever to the most accurate , and carefull Historians . Touching this battell , this is the relation of it , by Duserres in his inventarie whom I have chosen to follow , not because I thinke it the fullest or faithfullest narration ( for certainly the Frensh Writers speake slenderly enough of the actions of strangers , as may bee instanced in the battell of Baugue , and other exploits done by the Scots in France , which they passe in silence ) but because his testimony cannot be rejected by the French , and may well bee admitted by the English , as being indifferent for his person , and no wayes partiall in his penne , at least in setting forth this battell : but if we shall rely upon the writings or reports of our owne Countrey men . The losse of that field was caused for the envie and treachery of the Earle of Narban . We heard how Douglas , and he contested for the vantguard , each striving who should be first : Douglas being ready sooner then he , or being quicker in his march led on before him , and charged the enemy first : whereupon he abandoned them , and would not second them as he should have done . And so it came to passe that they being destitute of his help , and not being able to make head against such a multitude , were encompassed about by the English ( who saw their backs left bare ) and so overthrown , fighting valiantly , that they might die nobly . Some blame the Lombards ( who were in the Army assisting the French that were for the Daulphin ) but tell not , why , nor wherefore , or wherein . Others say that there were 400. of them all horsemen , who being commanded to breake the rankes of the English , either in the flank or in the reare , did what they were appointed to doe : and having broken through the English Army , vvent to their carriage to pill and spoil , vvithout prosecuting their charge anyfurther : and so having got their prey , departed off the field , whereupon 2000. English Archers that were set to keep the carriage , and had now no more to doe ; entered into the battell , and being fresh and unwearied , made such an impression , that they did cast the ballance and gave the overthrow , whereas before they had fought for the space of three houres so doubtfully , that no eye could guesse , which way the victory would goe . Major also telleth us that there was some dissention between the Duke of Turraine , and Buchan , for precedency , but that is not likely : for although Buchan had the honour to bee Constable , and was the chiefe Commander , so long as hee had no other Colleague but Wigton ( his brother in lavv ) yet the Earle Douglas being an old experimented Commander , and it being ever his due to leade the the vantguard at home , and being even there , for his vvell knovvne vvorth and sufficiency made Duke and Marshall upon his first arrivall . It carrieth no appearance that the other vvould strive vvith him , especially seeing hee vvas his sonne in lavv ( for he had married his daughter ) and also the yonger souldier . And that the English did acknovvledge the Duke for Chiftane , it is evident : for Bedford sent the Trumpet to him , and hee returned ansvver : It vvas he that resolved they should not fight , and tooke it ill at Narbons hands , that he vvould not follovv his conclusion , and obey his direction : So as I cannot be persvvaded that their could , or vvould bee any difference betvveen them for that matter : And if there had beene any , they vvould have composed it , and agreed betvvixt themselves before that time , to have resisted the common enemy . However , they both died in the field : And the Earle of Narbon wanted not his reward of his either treachery , or headinesse and folly , for hee was taken and hanged as guilty of the death of the Duke of Burgundie . A notable example of the end of such as carry themselves after such a manner . Of those that escaped at this defeate , Charles the Daulphin ( afterwards King Charles the seventh ) erected a company to continue a guard to himselfe , and his successours for ever , of the Scottish Nation . For he was not contented to reward their Nobles and Leaders with honours and dignities , but thought himselfe also obliged to recompence even the inferiour sort , and to respect the whole Nation , whose valour and fidelity hee had found to deserve regarding : As also he saw their service would be steadable to him , and therefore in wisedome did thus obliege the whole Countrey , and ingage them to assist him in his warre with England . And so they did , as now , so often hereafter both within the Isle , and in France : neither could they ever bee diverted by any losse or dammage whatsoever . They did still cleave fast unto the French , untill they were fully freed from the English : sending over army after army , and Captain after Captain , without wearying or relenting , or the least shrinking : and even after this battell wee reade of divers that spent their lives in the Frenches quarrell against the English , and that within three yeares , ( notwithstanding this great losse ) who were men of quality , such as William Stuart and his brother , and two Douglasses who were predecessours of the houses of Drumlanrigge and Lochleven . There was also amongst those that escaped at this battell of Vernoill , one John Carmichell of the house of Carmichell , in Douglasdale ( who was Chaplain to the Duke of Turrain ) a valiant and learned man , who remained in France , and was for his worth and good parts made Bishop of Orleance : hee it was that during the siege thereof , did notably assist Jane D'arc , called the maiden of Orleance , The French History calleth him John de Saint Michael ( for Carmichell ) evesque d' Orleance , escossois de nation . Hee is mentioned in the particular Story of that Maiden , and in the Annales , Ecclesiae Aurelianensis auctore Carolo Sanseye Aureliano . Wherefore in the principall Church in Orleance , called Saint Croix , there is Masse said for the soules of the Scots dayly that were slain there . But to return . The Duke of Turraine being thus slain , was buried in the Church of Tours , called Saint Gratians , the 20. of August , in the yeare 1424. whose coat of armes was to bee seen long agoe upon the gates of Tours . Hee was a man no where branded for any vice , and of unquestioned valour , for so much as belonged to his own person , equall to any that were before him . Neither can I see any evident fault in his conduct and leading . It is true Major taxeth him as unskilfull and unfit for matters of warre , though hee gives him a large commendation of courage , and personall valour . But he seemeth to have grounded his censure more upon the successe , then upon his actions , to which we will answer with the Poet , Careat successibus & quisquis ab eventu , &c. Or if that will not serve , we wil choke him with the French Proverb , Le clerc aux armes , he is not a fit judge of such things . But we have to do with a more judicious indeed , who glanceth at no lesse for speaking of his father Archbald the Grimme , he saith that Chivalry stood in him ; as though hee would have said , it fell also with him : which seemeth to prejudge this his sonne ( Tine-man ) if not in his valour ( which no man can call in question ) yet in his conduct , and leading , which is the chiefe propertie and qualitie of a Generall and Commander . Of which judgement questionlesse , the ground is the same , his hard successe in his interprises . And there is no reason that hee should be thought so of for it , if there be no other cause of evill successe . But if there may bee some other reason , and if many well guided Armies , and interprises have mis-carried ( which none will deeme , there is no necessity nor just cause why he should be double burthened , both with ill luck , and the blame of it , unlesse it be shewed where and how he erred , which neither hee , nor any other Historian doth . Wee must therefore absolve him as free from this imputation , seeing they do not make it to appeare , that hee was guilty of any errour , or oversight either at Homildon , Shrewsberry , or Vernoill . On the contrary , his warinesse and circumspection may sufficiently appeare to the attentive and judicious Reader . Let not then his praise be lessened , or his glory eclipsed by his crosse fortune , nor himselfe esteemed any whit inferiour to his Predecessours . Nay , hee deserveth to have so much more praise , as that his worth doth shine through the thick cloud of the frownings of fortune , whereas their glory is increased , and lustred with the beams of a prosperous issue in their exploits . Archibaldus Duglassius Dux Turronensis , & Johannes Stuartus , Buchaniae comes ad Vernolium coesi . Gallia vos titulis ; vos gallica regna trophaeis Auxistis , meritis utraque regna cluunt , Tertia si invideant , quid mirum ingentia damna Queis data , Saxonidum dum cecidere duces , Desine lingua procax verbis incessere Testis : Gallus adest , servat tot monumenta ducum , Et vos aeternum memorabit Gallia cives Grata suos , titulos quae dedit , & tumulos . Johan . Johnston Heroes . Archbald Douglas , Duke of Turraine , and John Stuart Earle of Buchan his son in law , Constable of France , killed at Vernoill . France gave you Titles , you it Trophies gave ; Both Kingdomes , mutuall obligation have : If the third envi'd it , their losse receiv'd Might well excuse them , being oft bereav'd Of their most ancient Leaders : no bold tongue By base detraction can have power to wrong Your merit , and the French will witnes beare , To whom your memory shall still be deare : Their gracefull Monuments the same expresse , As do the places you did there possesse . Archbaldus Dux Turonensis &c. Bis victus , captusque amisso milite ; caesus Denique cum sociis , Vernoliae occubui : Dura meis raro affulsit victoria signis : Nostra tamen nusquam sunt data terga fugae . Semper at ingentes haec dextra liquit acervos , Hostibus & semper maxima damna dedit . Hinc fortis , magnisque ducis veracibus urnant Me titulis ; nec non hostis & ipse colit . In me virtutem videas , verumque laborem : Fortunam proprio quis regat arbitrio ? Discite , ab eventu qui censes facta virosque Exemplo , non sic esse notanda , meo . Archbald Tine man , Duke of Turraine . Twice with my Armies rout I lost the field ; Now with my friends , I am at Vernoil kill'd : My labours hardly met with victory , Yet did I never stay behinde , nor flie , But kill'd my foes on heaps : my valiant arme Did ever bring revenge , and equall harme . Hence was I honoured , as most fit to be A Leader , courted ev'n by th' enemy . In me you may the hight of worth behold ; But ah , who in his power can Fortune hold ? O! you , who from th' event your censures take , Disprove your selves , and me the instance make . Of Archbald the fourth of that Name , the foureteenth Lord , and fifth Earle of Douglas , he was the first Earle of Wigton , Lord of Bothwell , Galloway and Annandale , the second Duke of Turraine , Lord of Longe-ville , and Marshall of France . UNto Archbald Tine-man succeeded his eldest son Archbald : he had to wife Mauld Lindsay , daughter to David Earle of Crawford : hee was married at Dundee with great solemnitie and pompe . This alliance hath been the occasion of Crawfords going with him into France ( as wee told before ) and the ground of that friendship that was betwixt Earle William ( slain at Stirlin ) and that Earle Crawford , whereof wee shall heare more of hereafter . It appeareth also , that there hath beene continuall friendship betwixt these houses from the first Earle Douglas time , who procured a pardon for Crawford who had slain John Lyon. His children were William , David , and a daughter named Beatrix . The time that he possessed the Earledome of Douglas , from his fathers death in the yeare 1424. untill the year 1439. is fifteen yeares ; all the time of King James the first , and about two yeares in the minority of King James the second . So that the estate of the Countrey may easily bee knowne , if wee call to minde what hath beene said of the death of King Robert the third , and of Robert the Governour , to whom his sonne Murdock did succeed in the government before the King came home out of England . This Murdock , when hee had governed , or rather misgoverned some three yeares , or foure , being provoked by an insolent fact of his eldest sonne Walter ( who to despight his father , had wrung off the necke of a Hawke which hee loved ) determined in revenge hereof to send and fetch home the King out of England , and to possesse him of his Kingdome . No other motive we reade of to induce him to this ; whether it bee because there were no other , or because they have not beene carefull to set downe the true cause , I know not . But if this were indeed , it is so memorable , that it deserveth not to bee passed over with a dry foot ( as wee say ) and without observation : For who can but wonder at so rare a fact betwixt a father and a son , as the like is not extant elsewhere in any Record or History , and hath not beene heard of , I thinke , since the world stood : That a man to spite his sonne should quite a Kingdome , whereof hee was possest , and saw no other appearance but to enjoy it still . I confesse there hath beene much unnaturall unkindenesse in the world , whereby they have procured the death and destruction of those , whose safetie they were tied by the bonds of nature to maintain : but that hath beene for their owne honour and dignity , to obtain the place , or continue in it , which men doe so much aspire unto : but that their unnaturall despight should reach so farre , as to undoe themselves , and to quite a Kingdome , for obtaining and retaining whereof , ambitious men turne the world upside downe , onely to satisfie a passionate humour , or malice conceived against their owne childe ; let him that can , parrellel it , and put this up in his note booke for a second instance at least . It was for love of his Cousin , for respect to equitie , out of duetie to God , and love of his Covntrey , which he saw hee himselfe could not , and his son would not govern rightly , and therefore thought fittest to resign it to him that both could and would doe it ; it was a good , sober , wise and worthy thought . But then our Writers doe him wrong , that never signifie that such was his minde , no not in the least word : and mention onely his owne anger , and the instigation of Coline Campbell a chiefe man in Argyle , who blew the coale out of a private spleene against Walter , who had done him some injury : but however it were , whether his spight moved him to do justice , or desire to do justice caused despight , he threatned to do it to his sonne , and performed what he threatned ; for he sent Ambassadours into England to have the King released , of which this Archbald was chief , about the time of his very first coming to the Earledome . He with his two Colleagues , William Hay Constable , and Henry Bishop of Aberdene , carried the matter so wisely , that they brought it to a conclusion , which was the more easily effected , because King James married a Lady of England without portion , which they thought would move him to forget any wrong he had received by their injust detention . The Ambassadors also condescended upon a ransome to be payed , though none were due from him , who never was lawfull prisoner . So at last hee was released , came home , and was crowned King the 22. of May 1424. We have heard hitherto the rise of the house of Douglas , and the continuall increasing thereof by their great deserts , with the approbation and applause of all men , with the good will and liking of their Princes for the space of many yeares : their Princes delighting to imploy them , and they endeavouring to serve their Princes , and their Countrie to the uttérmost of their power , with a good harmony , and happy agreeing on all sides . Let us now bee contented from henceforth to find the world to bee the self still ; that is , rolling and tumbling by perpetuall vicissitudes , and changes : for though this house shall yet grow up , and to a higher pitch then ever , yet this concordance shall not continue so full , but shall beginne to have some jarring ; their Princes being jealous of them , they standing in feare of their Princes , sometimes in favour , sometimes out of favour ; sometimes imployed , and sometimes neglected : having mens affections sometimes towards them , sometimes averse from them , liking and disliking by turnes and fits . They also for their parts were now well-contented , then malecontented : now dealing in affaires , then withdrawing from all medling in State businesse , from whence did spring discords , imprisonments , banishments , slaughters : which things beginning in this mans time at his committing , strangenesse and discontents continued in the next , and proceeded in his sonnes time to his putting to death , and was transferred as hereditary to his successours , with many interchangings of smilings and frownings of fortune and Court , which at last ended in that fearefull catastrophe of the finall ruine of this flourishing family , in the yeare 1483. which troubles continued the space of 59. or 60. yeares , beginning at King James the firsts return into Scotland . For the very first yeare of his reigne , this Earle Douglas is committed to ward , but is soone released : and then within some few yeares , was committed again . For his first commitment , there is no cause thereof recorded , onely the time thereof doth furnish some matter of conjecture , together with other circumstances set downe . As for the time , it was when Duke Murdocke , and his sonnes ( Walter and Alexander ) and their Mother , and her Father , Duncane Stuart , Earle of Lennox , were committed . The circumstances are , that he was not alone , but with him twenty foure Earls and Barons were committed likewise , amongst whom there were some of the Kings owne speciall friends , and kindred : as William Earle of Angus , who was the Kings sisters sonne , and so Duke Murdokes Cousin . The Earle of Douglas was also allied with him : for Robert the Governours son , John Earle of Buchan had married Douglas sister ; and there had been cor-respondency , and friendship betwixt the Governour , and Archbald the Grimme , as also Archbald Tyne-man ( this Earles Father and Grandfather ) and Buchan and this Earle , had been fellowes in Armes together in France at Baugue : as also Buchan and Archbald Tyne-man were slain together at Vernoill . Likewise the Earle of March , who had been restored by Duke Murdocks Father , and had kept good friendship with him , and his sonne after his restitution : Robert Stuart of Roth-house , Stuart of Dundonald : John Stuart of Carden , being also of the name of Stuart , and all in some neernesse of blood to Murdock , as the King himselfe also was . The rest Hepburn of Hailes , Haye of Yester , Ramsay of Dalhousie , Haliburto●… of Dirleton , we finde to have beene dependers of the houses of Douglas and March : and the rest also , Walter Ogilbe , Alexander Setton , or Gordon , Haye Arroll , Scrimger Constable of Dundee , have beene friends and followers of the house of Douglas , as wee find they did assist and accompany them in diverse battells ; and have also perhaps had some friendship with the Duke or his Father in law , as commonly the Nobilitie are allied , and of kinne one to another . Who therefore ( thought they were willing , that their lawfull and rightfull Prince should enjoy his owne place ) would not agree so easily to the putting to death of those , whom the King was resolved to make out of the way . Now what it was that moved the King to this course , whether desire to be revenged of the cruelty of Robert the Governour ( their Father ) toward David D. of Rothsay his elder brother , or for his mis-demeanour and undutifusnesse towards his Father ( Robert the third ) or for his neglecting himself in his captivity , or for that he esteemed all that government ( of Robert and Murdock ) to be an usurpation of the Crowne , and feared the like hereafter , or even perhaps found such practisings to his prejudice , is uncertain . However being resolved to ridde himself of them , he thought it the safest way to make them fast , who hee beleeved would not be so well contented with it , as he desired . Hee did therefore commit them till he had tried their minds , and drawn them to his course , or at least taken order with them to sit quiet . And this was not long a doing : for we reade that the foresaid prisoners were all shortly releeved , and some of them also put upon the others quree ( or assise ) as Douglas , March , Angus , Arrole : But by what means he hath constrained them to be content , or what remonstrance or evidence hee hath given them , to let them see that those men were guilty of death , or what crime they died for , ( if any new conspiracy , or what else ) our Histories tell us not , which is a great defect in them : Major thinketh it likely that there was some conspiracy found against the King , otherwise they would never ( saith hee ) have condemned such men to death ( Princes of the blood as wee may call them ) and their owne especiall friends . And thus much of the Earle Douglas first committing , and the issue thereof . For the second Hollinshed and Boetius doe agree , that the K. arrest the Earle - Douglas , and kept him long in prison ; till at last , by the mediation of the Queen and Prelats , he and the Earle of Rosse were released . Boetius calleth him Archbald Duke of Turraine plainly : but Hollinshed is pleased ( out of sume partiall humour as should seeme ) to suppresse the Title of Duke of Turrain , and this is all the difference betwixt them . It was some yeares after his first committing , but what yeare ? it is not condiscended upon . Some say , it was in the yeare 1431. but impertinently , for the yeare 1430. is the yeare of his releasing , except wee will thinke that hee hath been imprisoned thrice , which is not mentioned by any . And a little mention there is of the cause wherefore hee was warded , whereof Major complaineth saying , that our Annals tell not the cause of the Stuarts executions , and the incarcerating of the Earle Douglas and John Lord of Kennedie , the Kings owne sister sonne ; for both were committed , Douglas in Logh-leeven , and Kennedy in Stirling ; for how shall it bee knowne whether it was done justly , or for matters of weight , or if for trifles onely , and for his owne pleasure . Others insinuate a cause , but doe but glance at it without setting it downe so clearely as to let men know , whether it were just or unjust , which is the light and life of History , and the right end and use thereof : for they say no more , but that they had spoken sinisterly or rashly , and somewhat more freely then became them , of the estate and government of the Countrey . What use can any man make of this generality ? rashnesse may be a fault , yet perhaps none at all in them , of whom it is spoken , they being Privie Counsellers . Likewise the phrase ( freelier than became ) is so generall , that the Reader remaineth unsatisfied : neither can posteriry ( either King or Subject ) judge of this fact , whether it were right or wrong , or whether the example were such as men ought to follow , or forbeare and avoid . It should have been expressely set downe what they spake , to whom , if to the King himselfe , or to others : In what sort , if by way of admonition , counselling , or advising , or if by forme of cavilling , detracting , murmuring , mutining , and such other circumstances , whereon the judgeing of it chiesly dependeth : In this uncertainty wee can hardly condemne or absolve , praise or censure them , In that the Lord Kennedy was of the same minde , and category with the Earle Douglas , apparently it hath not been spoken in malice , seeing the Kings nearest and his best friends ( such as these Kennedies were ) having approved thereof . And that Noblemen must not speake their opinion freely of things to the King , or if the King ( being without malice ) is very hard : for how shall a King know , that will not heare ? hee cannot know all by himself : And how shall he heare , if Noblemen have not leave to speake freely : he cannot heare all by himself . Such carriage as this hath often done Princes ill , and it may bee , hath done this same Prince no good . And what ever it was , that displeased the Earle Douglas in the government was either for the Countreyes sake , or the Kings owne sake , or for both : why might not the King thinke there might be errours ? And why might hee not then have heard them ? To have proceeded so vehemently ( for their hath been great vehemency in it ) to have cut off his owne kinsmen , and leave none but himself for the Earle of Athole to aim at : it was most important , and worthy to be considered of , whether or not it were best for him ( in policie ) to do . Doubtlesse his doing of it hath emboldned Athole to cut off the King himselfe , when all the rest were cut off first by the King. And was it nothing to lose the Nobility , to alienate their hearts ? to irritate them by imprisonments , forfeitures ? hath it not done ill thinke you , and encouraged him to goe on in his intended treason ? looking for the favour of the offended Nobility , or for neutrality , and slacknesse to revenge the Kings death . We see the King himselfe retreateth his taxations once or twice , when he saw the people grieved therewith . And wisely , in that hee was carefull to keep the hearts of the people . But was there no care to bee taken for keeping the Nobility also ungrieved ? was it enough that they would not , or durst not ( perhaps ) or could not openly rebell ? was it not something to want their affections ? to want the edge , and earnestnesse thereof ? to relent them , to coole them ? Certainly such proceedings as these have encouraged his enemies in hope of impunitie ( greater then they found ) yet in hope of it to go on with their designes , and hath furthered and hastned that dolorous conclusion which ensued . What ever the cause were , he acknowledgeth the Earle Douglas mind not to have been of the worst sort , in that he releaseth him , and in token of a full reconcilement , makes him a witnesse to the Baptisme of his two sonnes ( twinnes ) which was in those dayes no small honour and signification of good will , and a pledge of intimate friendship . He made also his sonne William ( though but a childe of five yeares of age ) the first knight of fiftie , who were dubbed at that solemnity , as the Manuscript affirmeth . By which actions , as he honoured Douglas , so did he withall honour himself in the eyes of the people , and of forrainers , gracing his Court , and that so solemne action by the presence of such a Peere , farre more then if he had been onely accompanied by Creighton and Levingston , and such new men ( who were but new and mean in regard of him ) as then but growing under the Kings favour . And so it is indeed , the Prince honoureth his worthy Nobles by his favours to them , and they grace , adorn , and decore , and give a lustre and splendour to him , and his Court , by their presence , and attendance thereat . And it is wisedome so to esteem , and so to use them ; and happy are they on both sides , and happy is the Countrey where they thus agree and concurre . This was he in the yeare 1430. in October , released out of prison , and this solemnity being ended , hee past into France , and was installed in his Dutchie of Turrain : whether he went thither for that onely , or if hee used that fairest colour of his absence , that he might not see the government , which hee disliked , and in which hee had no employment , I leave it : yet his going thither gave others occasion to grow great , and to be employed ; especially the house of Angus , which was at last the overthrow of his house . So as the honour and profit they had in France , may have been said to have beene their wrack in Scotland : what by the envie of their greatnesse , what by their absence from home , as hath beene said . So uncertain are the affaires of the world ! neither is there extant any mention of his actions in France , though at that time ( from 1430. till 1437. ) the warres were very hot there , King Henry the sixth of England being brought over in person , and crowned in Paris . It is attributed to the Earle Douglas , that he moved the King of France to require King James his daughter ( Margaret ) in marriage to his sonne ( afterward Lewis the eleventh ) and that he met her when she landed at Rochel , and was present at her marriage . He remaineth there untill the yeare 1437. in which , the 21. of February , King James was slaine at the Black friers in Saint Johnstoun by Patrick Grahame , and Robert Stuart , at the instigation of Walter Stuart Earle of Athole , the Kings fathers brother by the Earle of Rosses daughter , who pretended to be the rightfull heire to the Crowne ; and that he was wronged , and defrauded by the sonne of Elizabeth Moore , who was onely a Concubine , as he alledged . This posterity of Elizabeth Moore he had craft●…ly caused to destroy one another the Governour Robert to destroy David Duke of Rothsay , and now King James ( Davids brother to destroy the house of the Governour D. Murdock , and his children . And thus causing the King to spo●…e and weaken himselfe by cutting off his friends , none being left alive but the King and his onely sonne ( a childe of six yeares ) he was emboldened to put hands in the King also ; so much the rather , because he knew that many of the Nobility were discontented , what with being imprisoned , what with being endamaged in their goods , lands , and rents ; what with putting to death of their friends . So that he hoped that they would be wel contented with the Kings death , at least they would not take great care or paines to be revenged thereof which things if the Earl Douglas foresaw , and being grieved therewith , admonished the King thereof , or caused any other to warne him that these courses were not for his good ; this event sheweth he did the part of a faithfull Subject , Friends , and Counsellour . However , it was not so well taken by the King at that time , as being contrary to his humour , and present disposition . He did wisely also to withdraw himselfe , seeing he could not help things , as he would have gladly done . Now that the King was dead , he returns home , and was present ( as some think ) at the Coronation of his sonne James the second , who was crowned at Edinburgh the tenth of March 1437. not a moneth ( or no more then a moneth ) after the death of his father : where it is to be observed , that either the death of the King is not rightly said to be in the yeare 1437. in February , in stead of 1436. or else they reckon the yeare from the first of January , which was not the custome then . And yet Buchanan meanes so , for he sayes he was slaine in the beginning of the yeare 1437. in February , which makes me think the Earle Douglas hath not come in time to the Coronation , seeing he could hardly have used such diligence to have had notice of the Kings death , made himselfe readie , and come home out of France in so short a space , though the winde had favoured him never so much . However , through his absence , his adverse partie and faction had gotten such possession of guiding State affaires in the late Kings time , and had so handled the matter , that he was no whit regarded , nor was there any account made of him . He was not admitted to the managing of any businesse of the Common-wealth , or any publick place or Office therein . Creighton and Levingston ( the one made Protectour or Governour , the other Chancellour ) did all according to their pleasure . Our Writers say that the reason hereof was , because the Nobility envied the greatnesse of Douglas , which was suspected , and too much even for Kings . How pertinently either they write so , or the Parliament thought so , I referre it to be judged by the indifferent . He was farre from the Crowne , to which he never pretended title ; his predecessours had quit all pretension , title , claime , or interest thereto , in the time of K. Robert the second he that did claime it , and gave over , and all his posterity after him had ever behaved themselves modestly , they had submitted themselves to all government , even to be ruled by them who were but Governours onely , and not Kings ( Robert and Murdock ) as obediently in every thing as any of the meanest of the Nobility , and had never given occasion of any suspition to any man , nor taken upon them any thing beyond or above the rest , unlesse it were they tooke greater paines in defence of the libertie of the Countrey , in which they spent their lives under their Kings . And this same man in the late Kings time had behaved himselfe most humbly , going to prison once or twice , and obeying his Soveraign in all things , without the least show of discontentednesse , farre lesse of opposition . So that whatever hard opinion either the King had taken of him , or any man had put into the Kings head , hath beene without his deserving ; who if he had beene that way disposed , how easily might he have troubled the Governour , and the whole Countrey ? But suppose they did suspect , and were jealous of his greatnesse ( though without a cause ) what moved them to neglect and passe by the rest of the ancient Nobilitie ? was there none of them fit for those places ? where was the Earle of March , a valiant man , and of an ancient stocke ? Where was the Earle of Angus , the Earle of Cassils , and divers others ? They will say that Creighton and Levingston were wise men . But were they the onely wise men ? were there no more wise men in the Countrey ? Then if they were wise , were they good also ? were they just ? were they sober , modest , and moderate ? For without these vertues their wisedome was not good , but dangerous , and even ill ; chiefly when it is joyned with power , and is in authoritie . And I pray you what hath their wisedome beene ? or wherein did they shew under to the late King ? They tell not , and I beleeve it , if it be tried , it shall be found that which made him to have so short a life , that gave occasion to his enemies to take courage against him ; even their seeking of their own particular advancement , with offence , and vexing of the Nobilitie , without regarding the Kings good , or the good of the Countrey . And it must needs be so , if it were the same wisedome they show now after the Kings death . Therefore if we shall speake in right termes of that matter , we shall say that Alexander Levingston , and William Creighton , both small Barons onely , and not of the ancient bloud of the Nobilitie ; new men bent to seeke their owne profit onely , without regard to any other duty , had mis governed the State , and gotten the guiding of the late King , and drawn such a faction , that Douglas being absent in France , they had gotten all into their hands ; Levingston being made Governour , and Creighton Chancellour , who is the first Chancellour that wee reade of in our Chronicles . The Earle Douglas tooke such indignation at this , esteeming it disgracefull to the whole Nobility , and more especially to himselfe , that finding he could not bow his heart to acknowledge such men , and yet not willing to oppose or impugne them who were cloathed with authority ( which would move warre and trouble in the Countrey ) he chose , as the calmest and best course , to withdraw himselfe , and not to meddle with any publick businesse , or to take any care or share in ruling the Countrey , which he left to them to whom it was committed , and to such as had taken it upon them : with this resolution he returned home to his owne house , without further troubling of them . But that he might keepe them from infringing his liberties , and priviledges granted to the house of Douglas of old by former Kings for their good services , hee commanded such as were his to containe themselves within his regalitie , to answer to his courts , and to no other ; professing plainly that he would keepe his priviledges , and that if any man should usurp or encroach upon them , he should be made sensible of his errour . This was a bit cast into the teeth of the new Governours , and did curb them very short on the south side of Forth , he having large lands and lordships in those parts . And here their foolishnesse was quickly seene , in that they would take upon them such authority , and the unadvisednesse of those who had given it them who were not able to execute it , but by the permission of another . Hereupon also fell out great inconveniences , for the men of Annandale ( accustomed to theft and robbery ) seeing the Earle Douglas discontented , and retired ( who was the onely man they stood in awe of , and was onely able to restraine them ) they began to slight and contemne the authority of these Governours , and to molest and vexe their neighbouring Shires with driving away preyes and bootie by open force and violence , as if it had beene from the enemie . This the Governours not being able to represse , the evill increased daily , as a canker , so that it overspred the whole region ( almost ) on that side of Forth . In the mean while these jolly Governours were so carefull of the common good of the Countrey , and the charge committed to them , that in stead of thinking how to pacifie and restraine those Annandians , they fall at variance each with other , sending out contrary Edicts and Proclamations : The Governour commanding that none should acknowledge the Chancellour , and the Chancellour that none should obey the Governor ; so that when any came to the one to lament his estate , and seeke redresse ; he was used by the other as an enemie , and both pretended the Kings authority . For the Chancellour had the King in his custodie in the Castle of Edinburgh , and the Governour had the name of authority , and was in Stirling with the Queene mother : at last she under colour to visit her sonne , found meanes to convey him out of the Castle in a Chest to Stirling . And now the Governour having gotten the Kings person to countenance and strengthen his authority , went with an Army to besiege the Castle of Edinburgh where the Chancellour was . The Chancellour to make himselfe a party , sendeth to the Earle Douglas , offers to come in his will , desireth his protection , remonstrates to him the cruelty , avarice , and ambition of the Governour , telling him that he was deceived , if he thought they would goe no further then to seeke to extinguish him , and that he would make him but a step to overthrow the Nobility , and him with the first . Douglas returned answer , That the Governour and Chancellour were both alike false , covetous , and ambitious , that their contentions were not of vertue , or for the good of their Countrey , but onely for their owne particular quarrells , and private commodity , in which contention there was no great matter which of them overcame , and if both should perish , the Countrey were the better : neither could there be a more pleasant sight for all honest men , then to see such a couple of Fencers yoked together . This answer was so true : that none can or doth contradict it . Their falsehood he hath known , and that is it which men call wisedome in them by a faire name . It showeth it self in their dealing with this Earles sonne , and appeares also in their carriage one towards another , each striving who should deceive the other . Their factiousnesse likewise , ever when they durst for feare of a third , and that their contentions were but for particulars grounded upon ambition and avarice , without any care of the common wealth , the world saw it then , and it may be seen as yet . And therefore it is most true that the Countrey had been better if it had been ridde of such ambitious and avaritious Governours , seeking nothing but themselves ; and that it was not for any honest man to embroil himself in their so dishonest debates , but a pleasant show and spectacle indeed , and to be desired to see each of them ( though unjustly ) yet to doe justice upon the other . It was a free speech also , no man can deny . But they say it was not wisely spoken , for it made the two parties agree to his prejudice , and procured to him the hatred of both , at least increased their hatred : for no doubt they hated him before , and now hee might have divided them by joyning with the Chancellour . To this we answer , that seeing the Chancellour hated him , he would have done nothing , but served himselfe of him for his owne particular : either to have overthrovvne the Governour , that hee might have had all the prey and benefit alone ; or perhaps made use of his helpe to agree vvith him on better termes , and easier conditions , as vvee see they did agree at last . It vvas for no common good of the Countrey , no nor for any good vvill to the Earle : vvhat could he doe then ? vvhy should hee have meddled vvith them ? they say to have met vvith him in his ovvne craft , and to have used the one of them to overthrovv the other , that so both might have been overturned . Will men never leave these things ? such false tricks , such bastard and spurious vvisedome ? and shall vve not thinke there is another vvay besides it ? there is a true honest vvisedome , that honest men may keepe vvithout fashood , or any point , or tincture thereof , vvithout deceiving any , even the deceivers . What other ansvver did his request deserve ? vvas it not fit that such crafty companions , vvho had abused the Countrey , should heare the naked truth out of a Noblemans mouth ? Should such a Nobleman have glosed with such as they were , flattered and dissembled , and strooke cream in their mouth ? Nay , it is a part of punishment to wickednesse , even to heare the owne name given to it : And it is very fit it should have it . So that his answer cannot be justly taxed , but commended as true , just , magnanimous , and such as became his place , house and birth , without fraud or dissimulation , calling ( as the Macedonian did ) a spade , a spade ; vice by the owne name : which as he did here , so perhaps had hee done before , when hee spake of the government in the late Kings time , whereby it would appeare that such was his naturall disposition , far from all frivolous flattery , or dissimulation , either toward King or others . Indeed now these are crept in , and accounted wisedome , to the prejudice of the ancient true generositie of these great spirits , farre better , and farre more worthy to bee adorned with the full and due praise , then to bee obliquely taxed and nipped by halfe words , as not being wisely and profitably enough spoken , when there can be no just blame laid upon them . Neither ought it to be thought unprofitably said , or dangerously , seeing ( out of all question ) the same courage and magnanimity that moved him to speake the truth , made him also now to despise their persons , contemne their spleen , and slightly account of any power they had to doe him any harme , for all their joyning together . Neither is there any appearance , but that hee did it out of a right weighing of his owne and their power , and not out of any arrogancie , or idle confidence . And certainly , any indifferent man can thinke no lesse , and that they durst not attempt any thing against him or his successour after him , but after a most treacherous manner as ever any was since the world stood . So that there was not any want of wisedome in this speech , nor in this same point of profit or harme . His death followed not long after in the yeare 1438. at Rastalrigge , of a burning feaver : very opportunely & in a good time ( say our Writers ) and so it was indeed for them , and such as they were , who had now better opportunity to prey upon the Common-wealth , and spoil and use it for their best advantage . But it was unseasonably for the house of Douglas , which was left in the hands of a youth without experience ; and therefore uncircumspect , yea untimely for the Nobility , who became a prey to the avarice , and ambition of these two , and untimely for the Countrey , in that these two were now left free from the feare of him they stood most in awe of , and who might most have repressed their attempts , and bridled their appetites . This thing onely I can account worthy of reproofe in him , that he suffered Annandale to overcome the adjacent Countreyes , and did not hinder them from wronging the innocent people : hee should not have thought that it did not belong to him to hinder them , because he was no Magistrate . This if he had done , and kept justice within himself , it would have gotten him both favour and honour , and might have brought contempt upon the Governours , that could not keep peace in a more tractable and peaceable Countrey , nor amongst themselves : for how excellent a thing is it by good means to seeke honour . It would have taken away the occasion of the Calumnies of his enemies , who yet did much worse themselves : he was otherwise a valiant wise man , a lover of his Countrey , and of a free , plain , good and generous nature ; his generous disposition appeareth in his brave demeanour towards the Lord Kennedie . There being something wherein the Lord Kennedie had wronged and offended him , he conceived such high indignation thereat , that hee published his desire of revenge to be such , that whosoever would bring the Lord Kennedies head , should have the lands of Stuarton . This offer proceeded from so powerfull a man , and knowne to bee a man that would keepe his promise , the Lord Kennedie hearing of it , ( fearing hee could hardly long escape his hands ) resolved by way of prevention to be himselfe the presenter of his owne head unto him , and accordingly ( keeping his owne intention close to himselfe ) hee came privately to Wigton , where finding the Earle Douglas at his devotion in Saint Ninians Church ( a place famous in those dayes for the frequent resort of Pilgrimes thither ) immediately after divine Service , offered his head to the Earle , as one who had deserved the promised reward , and did crave it . The Earle seeing the resolution and confident assurance of the man , who had put himselfe in his power and mercy , forgave him all former faults , made him his friend , and withall gave him the reward he had promised , disponing to him and his heires the lands of Stuarton , which his successiours ( the Earles of Cassils ) doe peaceably enjoy to this day . He was buried in the Church of Douglas , called Saint Brides Church , with this inscription . Hic jacet Dominus Archbaldus Douglas , Dux Turoniae , comes de Douglas , & Longe-ville : Dominus Gallovidiae , & Wigton , & Annandiae , Locum tenens Regis Scotiae . Obiit 26. die Mensis Junii , Anno Domini millesimo quadringentisimo tricesimo octavo . Of William slain in Edinburgh Castle , the sixth William , the sixth Earle of Douglas , and third Duke of Turrain , &c. UNto Archbald Earle of Wigton , succeeded his sonne William , a youth of no great age , of an high spirit , and of a sweet , tractable , and meeke disposition . And therefore we cannot but detest and execrate the wickednesse , and treachery of his enemies , who did so unworthily cut off such a sprig in the very budding ; from whose blossomes none could but have expected passing good fruit , to the great good of the common-wealth , and Kingdome , if malice and envie had suffered it to come to maturity . Let us notwithstanding rest contented with his change begunne in his father by warding , and displacing from the roome of his Predecessours , from mannaging of affaires in the Kingdome , prosecuted against him in his life time , and now followed forth against his son . This vicissitude which befell this house , is to be found and seen in all humane affaires , and doth overturne all due and right order in the world , as farre as men can judge : for innocency is often overthrowne by cruelty ; honesty and uprightnesse of heart by craft , falshood and treachery : and yet let us reverence the Soveraigne cause , and Over-ruler of all things , who in this disorder directeth all things certainly by a great wisedome , and with good order doubtlesse , things unfearchable by man. But as nothing hath ever been so enormous , which may not receive some colour , either of vertue to make it seem good , or at least of some extenuation to make it seem not so ill , as it is : So this fact amongst others I perceive to bee of the same kinde : by some thought to be good ( but very ignorantly , or maliciously ) by some excusable , both in form and in fact , by a necessity , or pretext of the common good ; by all that have written , more slenderly handled , and doubtingly , then ought to be . For they leave it almost uncertain what ought to be judged of it , whether it be good or ill : so that sometimes you would thinke they condemne it , sometimes they allow of it , and none of them deals with it so fully , as reason would they should doe for the information of posterity , and according to the right law of an History : but as men do with nettles which they would gripe , they are affraid to handle them heartily and hardly . Now that this so instant a fact may the better appeare in the owne colours , I will labour to wash away the painting and plaister wherewith the Authours would so fain ( but falsely ) overlay it ; or wherewith mens judgements ( whereof many are but halfe wise , and perceive but the half of matters ; not plumming and sounding the depth and ground of things so well as were needfull ) may be deceived by others , or may fancy to themselves for excusing of it , that we may learne to detest and abhorre so detestable and horrible facts with a true detestation and abhorring in earnest and effect , that Posterity may know and condemne , and avoid the like practices . And for this purpose , before wee come to the narration of the fact it selfe , we will speake something of the Authours thereof , Levingston , and Creighton , and their actions in the last Earle Douglas time . We heard before ( and wee must not forget it ) how well these men guided the Countrey , what care they tooke of the Common-wealth ; or to say better , how little care they tooke of it : how they cared for nothing save their owne particular , under colour of the Common-wealth : each striving to disgrace other by their private speeches , and open Proclamations : so greedy and ambitious they were , that howbeit they had all the Countrey between them , yet it could not satisfie , or content them : they could not so much as agree between themselves , to divide the spoil , and part the booty peaceably and quietly , which theeves and robbers , and Pirats are wont to doe without discord or injustice . But they had not so much modesty , but fell at variance ; spoyling , fighting and besieging one another , till remembring themselves that a third might come and take the bone from both , they were so wise as to agree for feare of him I meane the Earle Douglas : and that they did so , more in that regard , then for any good to their Countrey or love they bore one to another , it soone appeared after his death : for incontinent thereupon they returned to their old byas , and the agreeance that was made for feare of him , lasted no longer then he lived : wherefore Levingston being Governour , and having the King also in his custody , being freed from the feare of the Earle Douglas , respected the Chancellour Creighton no longer , but began to despise him , and though now there was no band to binde him any longer to him , hee would give him no share of his bootie and spoil of the Countrey , but would needs keep all to himself . This was his ambition , or avarice , or both ; for ambition would be alone in all , and likes of no equall , no fellowship , no copartner . And avarice might also have moved him to this , for guiding all , he might take all : and if hee made the other partaker of the guiding , he behoved to make him partaker of the gain : and therefore hee would none of his assistance in the government . But let us see now how well he governed , hee imprisoneth the Nobles at his pleasure , upon light grounds of suspition onely , yea he casteth them into fetters . The third of August 1439. he warded the Lord Lorne and his brother Sir James Stuart , who had married the Queene Mother , upon suspition onely for their dealing with the Earle Douglas , and did commit the Queen her selfe to bee kept in a close chamber in Stirling Castle , of which hee himselfe was Captain : so that she could not get her selfe released , untill there was kept a Convention of the Lords , then by the intercession of the Chancellour and some others , she was dismissed , having given Sir Alexander Gourdon ( alias Seton ) who was the first Earle of Huntly , surety and cautioner for her , that she should pay 4000. markes to the Governour . This was his iniquity , yea tyranny , and barbarous abusing of Noblemen , and yet he gave remissions , and pardoned men guilty of great crimes , or passed them over by conniving . The Chancellour therefore ( who thought hee should have his share of the booty ) seeing his life thus debouted by the Governour , and not being able to help it , nor to have patience , and sit quiet , it being more then he could digest or beare with , retired him from Court to Edinburgh Castle , there to bee safe in his Fort , and lie in wait for the first opportunity that hee could finde to supplant Levingston . Neither was he slow in coping of him : for before the yeare was ended , hee tooke occasion of the Governours going to Perth , and knowing by intelligence the time and place of the Kings hunting in the fields about Stirling , thither hee rides , and bringeth him away to Edinburgh Castle . By this means the dice are changed , he had now gotten the durke ( as our Proverb goes ) he will divide the prey over again , he will have his large share of all , and direct all now , as Levingston had done before . The other finding himselfe in this strait , might lament his case , but could not helpe himselfe : necessity hath no law . The Chancellour had yeelded to him before , when he ( or the Queene for him ) stole away the King. Now he hath gotten a meeting , he must yeeld to him again , and so he doth : Bowes his bonie heart , goes to Edinburgh , gets mediatours , brings on a meeting , and finally agrees by the mediation of Henry Lighton , Bishop of Aberdene , and John Innesse , Bishop of Murray . But if you would see the right face of a stage play , deceivers , deceaving , dissembling , and putting a faire outside on their foule falshood , and proceedings ; reade me there harangues on both sides , that you may either laugh or disdain them . I cannot take leasure to set them downe at length ( as they are to bee found in our Histories ) but in a word , you shall finde nothing but pretexts of the Common-wealth , of the Publike peace , the good of the King , and the well being of all honest men , which is all joyned , and depends upon them , and their well being forsooth . That hath been still their scope , that hath beene the aime of all their intentions , no particular , no ambition , no avarice ; onely love of those things which were common and profitable unto all ; and because in them all did lie and subsist , in their standing honest men did stand , and by their ruine honest men did fall ; nay , the King and Countrey were ruined . For this cause and for no other , that the Countrey might bee well , that wickednesse may bee bridled , they forgive one another , avouching that their discords arose onely from diversitie of opinion , and judgement ; while as both seeking the common good , one thought one forme the best for it , and the other another form to bee best for it , and the other another forme ; which if it were true , let what hath been said above beare witnesse . It would make a man to loath speaking vertuously , to see vertue by them so farre abused ; yet the old Proverb might have warned them : ( Oportet mendacem esse memorem ) and sometimes a liar will speake truth is verified in them . They confesse their ambition , and striving for honour and preheminence , they are ashamed to say for goods and riches , but it was no lesse true , and both were alike faulty , and they exhort one another , and promise to amend thereafter by a better strife , who should be most moderate and just . But they were as true in keeping that promise as they were in their discourse what was past . When the Foxe preacheth , take heed of the hens ( saith the Proverb : ) we shall see notable moderation and justice , such , as the world hath scarce seen the like example of treacherous tyranny . This is the sum of these jolly men harangues . The conclusion is a new friendship ( if falshood be friendship ) or rather a conspiracy against the Countrey , and directly against the Noblemen , who ( their conscience telleth them ) hate them as new men , lifted up to the highest degree ( as they grant themselves ) and that was reproach enough to the Nobility , and an argument of their unworthinesse . But they might have said as truely , that they were hated for abusing the King and Countrey for their private advantage , under pretext of the common wealth , which whether the whole Nobility resented or not , we cannot tell ; for there is no mention , and it is a wonder if they did not , yet it would seem they did not : they had stouped and taken on an unworthy yoake of slavery . But what ever the rest did , there was one that was a sore thorne in their foot , and moate in their eye , it behoved to be pluckt out . The Earle of Douglas was of the old spirit , of the ancient Nobilitie : he could not serve , nor obey but whom he ought , and the lawfull commanders , lawfully commanding for his honour and utility , whereof they were neither . Such a spirit is unsufferable , under these new conspiring Tyrants : he will not acknowledge their authority , his father had told them their holy dayes name , himselfe tooke them for his enemies . But how shall they doe with him ? hee is not easily to bee dealt with ; they must have muffles that would catch such a cat . Indeed he behaved himselfe as one that thought he would not be in their danger , hee entertained a great family , he rode ever well accompanied when he came in publike , 1000. or 2000. horse , were his ordinary train . He had great friendship , and dependance of old , he had been carefull to keep them , and had also increased them , and conciliated many new followers and clients by his beneficence and liberality , and his magnificence , which was answerable to his place , suitable for an Earle of Douglas , and Duke of Turrain ; which Dutchie he had obtained himself to be invested in , as heire to his father : having sent Malcolme Lord Fleming , and Sir John Lawder of Basse , ( or Haton as others say ) into France for that purpose ; and was well accepted of in remembrance of his father : and grandfather , he had all his affairs in singular good order : he had his ordinary Councell , and Counsellours for guiding his affaires : he dubbed Knights also , as he thought men worthy ; which power and priviledge he did not usurp out of pride , nor take upon him by imitation to counterfeit Kings ( as some would insinuate ) but by vertue of both his dignities of Duke and Earle . And although he were but fourteen yeares of age at his fathers death ( in the yeare 1438. or 39. ) and was put to death in the yeare 1440. not having attained to fifteen or sixteen , or little above at the farthest , yet in this his port and behaviour , did not onely appeare the sparks of a great spirit , but also of such wisedome and providence as could scarce bee looked for from so young a man. This galled them so much the more to thinke if that fruit should come to ripenesse at any time , how poysonable , or rather , how great a counterpoyson it would prove to their greatnesse . But here the skinne of the Lion would not serve their turne ( he was too hard for them to deale with by force ) they doe there sow that on that of the Fox . The occasion fell out thus : During the time of the jarres betwixt themselves , the common affaires were neglected between stooles , and partly because they could not ( being but meane men of small power ) partly because they cared not to prevent , or to amend things , many insolencies were committed without redresse . The men of the Isles had come into the main land , had put all to fire and sword , men , women and children , young and old , farre and wide , omitting no kinde of example of avarice and cruelty : and that not onely on the Sea coast , but in the Lennox also : out of the Isle of Loch-lomond ( called Inch-mertin ) they had made an appointment with a Gentleman , named John Calhoon ( Laird of Lusse ) as if it had been to end some businesse and slain him ( the 23. of September ) with many such things , and many fowle facts had beene done in divers parts of the Countrey . Likewise Sir Allane Stuart of Darnelay was slain at Paselay , by Sir Thomas Boide ; and again , Sir Thomas Boide was slain by Alexander Stuart of Belmot ( brother to the foresaid Sir Allane ) and his sonnes , through which there arose great troubles in the west parts of the Countrey and Kingdome . The Borderers had not been idle , who living under the Earle Douglas , and being his followers , or retainers , what they did was interpreted to be done by his allowance . And at a Convention in Edinburgh many complaints were given in against him , but never a word spoken of the taxe of Isles men : never a word of Levingstons and Creightons own doings , who had warred one upon another , not a word of any other slaughter or bloudshed , but as though nothing were amisse in the Countrey , but what was done by the Earle Douglas dependers ; they onely were complained of . Whether the cause was in his enemies , and that this proceeded from them , or was done by their instigations , our Histories tell not , neither can we affirme it : yet it is strange , that there being so many more , and more enormous faults ( for the Isle-mens were more hainous ) none should bee taken notice of but his mens . Theirs are exaggerated , multiplied , and made odious ; and the envie thereof derived upon the Earle , as Authour of all : hereupon Sir Alexander Levingston , ( carrying malice in his heart , but dissembling it for a time , with a false deceitfull minde ) perswaded the rest , that the Earle Douglas was rather a man to be dealt with by fair means , then to be irritated by suspicions : As one who had such power , that if he should oppose himself , he might frustrate all their conclusions & decrees . Wherefore he procured a letter to be written to him in an honorable manner in all their names , intreating him , that being mindful of his place , mindful of his Progenitours , whose good deeds and deservings , most ample and notable towards his Countrey of Scotland , were still extant , he would come to the Convention of the States , which could not be conveniently kept without him , & his friends . If he had taken offence at any thing , they would satisfie him so far as was possible . If there were any oversight committed by him , or any of his friends , they would remit it , and would forgive many things to his most noble house which had done so many good offices , and so much good service to his Countrey . They would impute many things to the times , and consider his youth , and the great hope and expectation they had of him That hee should come therefore , and take what part of the affairs of the common-wealth he best pleased , and as his Ancestours had often delivered the Realme from dangers of warres by their armes and victories , so that he would be pleased now by his presence to raise it , and establish it almost sunk , & overthrown with intestine discords . This letter as it was honest in words , and very right , carrying that right course that should have been used towards him , and the duety that all these reasons contained , craved to have beene done to him , if it had been in sincerity : so being in falsehood , and with a treacherous intention , used onely to entrap him , makes their ditty the clearer : for he ( out of the honesty of his owne heart ) interpreting their meaning to be according to their words , and being of no ill disposition , but of a sweet and tractable nature , desirous of glory by good means , that so hee might have followed the footsteps of his Predecessours in all good offices to his Countrey , not having so great malice in his minde , and therefore not thinking any could have so great in theirs against him , as to seeke his life , ( for there had been no such occasion , their contentions with his father had not come to that hight and degree , but had been contained within the bounds of words onely ) and therefore not imagining that so great villany could have been harboured in their hearts , he willingly embraces the occasion of making peace in the Country , & that he might contribute thereto his best endeavours , taketh his journey for Edinburgh . His friends are reported to have furthered him in this resolution , in hope of their owne particular imployments and preferment , which ( say they ) blinded their eyes that they saw not the danger . But truely I cannot fee how they could have seen any perill , unlesse wee will say that they might have knowne that the Governour and Chancellour were treacherous men , and had given some proofe of as great disloyalty before , which is not mentioned any where that we know of ; for though they were knowne to be subject and inclinable to falshood ( as his father had objected to them before ) yet it was so well covered , that it was not accounted falshood , but wisedome : for there are degrees , and there bee many who will dispence with themselves to step something aside from the strict rule of uprightnesse ( which is accounted simplicity ) that will bee ashamed of so high a degree of manifest treason , as this was . So that howbeit they knew their falshood in some measure , yet could they not have looked for such proditorious dealing : besides it might have seemed to any man in discourse of reason , that if they cared not to blot their names with the foulnesse of the fact , yet they could not have great hope to gain or profit much by it : for what could it avail them to cut him off , seeing another was to succeed in his place , as ill ( perhaps ) as he ? so that by putting of him to death , all that they could gain would bee but an irreconcileable deadly feude with that house , which was too high a degree of enmity for any thing had yet been amongst them , being nothing but grudges , and such things as might have been easily taken away . So that ( sith the discourse of man for ought we can judge , could never have reached so farre as to have suspected what followed , but rather to have looked for the contrary ) I see not how the Earle nor his friends can be blamed for credulity , or how it can be censured in him as a defect of his youth , and proceeding from want of experience : for what otherwise could he have done , if his experience had been never so great ? or himselfe never so old ? neither is there sufficient ground to tax his friends as if their hopes had blinded them so that they could not see any perill which no discourse of reason could see , or apprehend . It is true , men ought to be circumspect , but it is a fault also , and proceeds of an ill nature to be suspitious , as he might well have seemed to bee , if hee had refused to come . The event showes there was cause to suspect the worst : but I deny that reason could foresee that event , or any , considering of the circumstances , could have made one to have looked for it : neither can any man save himselfe from such treason , neither can it bee reputed as simplicitie to the sufferer , but as a monstrous enormity to the doer . To returne to our purpose , their disloyall practice stayed not in this smooth letter : they double fraud upon fraud : for so soone as Creighton knew he was on his journey , he came many miles to meet him , and inviting him to his Castle of Creighton ( which was neare the way he was to go ) he feasted him , hee cherisheth him , hee entertaineth him friendly , cheerfully , and magnificently : and that not for one day , but two dayes , kindly , with all the tokens and demonstrations of a friendly minde that could be given . And to remove all suspition of unfriendlinesse , and the more circumvein him , he admonished him familiarly , that hee would remember the royall dignity of his Prince , and his owne duty towards him . That he would acknowledge him for his Lord and Soveraigne , whom the condition of his birth , the lawes of the Countrey , and the consent of the estates had placed at the rudder of the Common-wealth : that he would labour to transmit his so great Patrimony acquired by the vertue of his Ancestours , and with spending of their bloud to his Posterity , even so as he had received it : that hee would be carefull to keepe the name of Douglas , which was no lesse illustrious and renowned for their faithfulnesse , then their deeds of armes , not onely from the foule blot of treason , but even from all stain of suspition , or aspersion thereof : that hee himselfe would abstain , and cause his men to abstaine , from wronging the poore people : that hee would put from about him theeves and robbers : finally , that in time to come he would set himselfe to maintaine justice , that if hee had offended any thing in times past , it might be imputed not to his naturall disposition , but to ill counsell , and that infirmity of his youth , penitency would be admitted , and accepted as innocency . Venemous Viper that could hide so deadly poyson under so faire showes ! unworthy tongue , unlesse to be cut out for example to all ages ! Let not the Poets bee thought fabulous , who have transformed men into beasts ; loe a beast composed of many beasts : a Lion , a Tiger , for cruelty of heart : a Waspe , a Spider , a Viper , for spight & malicious poysonablenesse : a Foxe and Camelion , for falsehood and doublenesse : a Cockatrice and Crokodile , and whatsoever nature hath brought forth , that is deceitfull and hurtfull , a sweet singing Ciren , enchanting the outward sences to the destruction of the listner , so much the more odious , that it was in the shape of a man ; and the more detestable , that it durst so pollute the image of God , so abuse the glory of man : the speech of the tongue therefore given him ( beyond the beast ) that he might imploy it well to informe aright , to speake truth , and to do good to others . The honest heart of the hearer that knew what he spake was right , and intended to follow so good counsell , taketh all in good part , beleeveth the speech for the truthes sake , the man for his speeches sake . And who could have done otherwayes ? who would not have thought that he who knew so well what was right , would have had some regard to doe right ? shall we account it childishnesse , that he accounted so of them , and suffered him to be so deceived ? nay , hee could not keep himselfe undeceived . Good men , and wise men have often been deceived both in sacred and prophane Histories . We must not impute it to childishnesse in Abner , that Joab stabbed him under trust , but esteeme it vile treachery in Joab , of whom David sayes , Hce dieth not as a foole dieth , howbeit his hands were not bound , but as a good man falleth before a wicked man , that is by treason , which no man can eschew . It is said that his friends seeing so extraordinary entertainment , so faire language above measure , so humble behaviour , and withall so many messages ( at every step almost ) betwixt the Governour and the Chancellour , tooke some suspition of ill meaning , and that there arose first a still murmure through the whole company ; thereafter some began to admonish him , that if he would persist to goe on , he would send back his brother David , being mindefull of a precept of his fathers , That they should not come both together into one place where themselves were not masters , lest they should endanger their whole family at once . The unwary youth ( unwary indeed ; but what warinesse could he have poore innocent ? ) and very well inclined , even angry with his friends , stayed those murmures by a plain commandment , and assured his friends thus : That he knew well it was a perpetuall pest of great houses that they had ever about them some men that were impatient of peace , who made gain of the perils , travels , and miseries of their Lords and Patriarkes : and because in peace they were restrained by the bridle of the law , they were ever stirring up strife and sedition , that in troubled times they might have greater scope and liberty to their wickednesse . As for himself , hee reposed more upon the known wisedome and prudencie of the Governor and Chancellour , then to give eare to their suspicious surmises . This speech thus uttered , testifying both an acknowledging of the evill past , and a resolution to amend , was it not sufficient to have purged whatsoever errour had been , or might have been thought to have escaped him before ? And certainly it would , if these men had regarded Justice , or the good of the Common-wealth , and had desired to reclaim him from his errours , and winne him to his Countrey . But his so full confidence thus reposing on their credit , was it not enough to have tied them to have kept their credit ? If there had been any spark of humanity or nature of man left in them : and if they had not beene worse then savage beasts . Trust deserveth that we should prove worthy of that trust , and credit procures keeping of credit ; where all humane nature is not extinct , and even simplicity deserveth favour and pitie . Neither can a man that is not altogether given over , and hath not sold himselfe to wickednes choose but favour it , and have compassion of it ; yea though he had been otherwise disposed in the beginning , it would even move any mans heart ( that were indeed a man , and not changed into a beast ) to favour and commiserate , and would have tamed and calmed any former discontentment , and have wrung from them any evill intention which they might ( perhaps ) have conceived before . However , this noble youth goeth on in the innocency of his heart , and that the more quickely , to cut off all occasion of such speeches , and with his brother , and with a few other principall friends goeth directly to the Castle , ( being led as it were and drawne by a fatall destiny ) and both enter , and so come in the power of those their deadly enemies and fained friends . At the very instant comes the Governour ( as was before appointed betwixt them ) to play his part of the Tragedy , that both might bee alike embarked in the action , and beare the envie of so ugly a fact , that the weight thereof might not lie on one alone : yet to play out their treacherous parts , they welcome him most courteously , set him to dinner with the King at the same table , feast him royally , intertain him chearfully , and that for a long time . At last about the end of dinner , they compasse him about with armed men , and cause present a bulls head before him on the boord : the bulls head was in those dayes a token of death ( say our Histories ) but how it hath come in use so to bee taken , and signifie , neither doe they , nor any else tell us , neither is it to be found ( that I remember ) any where in any History , save in this one place : neither can wee conjecture what affinity it can have therewith , unlesse to exprobrate grossenesse , according to the French , and our owne reproaching dull , and grosse wits , by calling him Calves-head ( teste de Veau ) but not Bulls head . So that by this they did insult over that innocencie which they had snared , and applaud their owne wisedome that had so circumvented him : a brave commendation indeed , and an honest ! yet I wonder what they meant by entertaining him so well at that time , there was some reason for it why they should have done it by the way , that they might worke out their treason , untill he were within their thongs : but being now within the Castle , and fully in their power , I wonder what it should mean to make him so faire a welcome , to feast him so liberally and solemnely at the Kings table , and from thence to bring him to the shambles : what could have beene their intention ? might they not have conveyed him to some private chamber ? might they not have carried him to the place of execution ? what needed all this processe ? what needed they to have let him see the King at all ? It would seem as if they had not been fully resolved upon the businesse before ; and that their intentions and purposes were not treasonable , but that they tooke occasion to be treasonable from the facility to atchieve it : but our Writers are cleare against that , and say onely it was pre-concluded , when he was written for . It might seeme also that they did this to communicate the matter , or to transferre it altogether upon the King : but he was too young , and purges himselfe by disproving of it . So that I can see no other reason of it , but as the Lion with his prey , or ( to use a more base , yet a more familiar example , and the baser the fitter for them ) as the cat with the mouse , which she might devoure immediately , yet it pleaseth her to play a little with it : So they for their greater satisfaction , and contentment , delight to play out their Sceane ; so strangely ( notwithstanding ) that such processe and uncouth formes of doing might seem to import some mystery , and deeper reach then ordinary : which I confesse is so profound and deep a folly , and mischantnesse , that I can no wise sound it , unlesse it were that the Noblemans place , and his worth forced their wicked hearts to acknowledge it notwithstanding their wickednesse : And although the acknowledging could not prevaile so farre , as to make them leave off the enterprise , yet did it in some sort brangle their resolution , and wrung out this confession of his worth : as all the actions of wickednesse , and all wickednesse in the acting , are full of contradictions , as this same is most clearly : for if this Nobleman was guilty of death , why is he brought into the Kings presence ? why is he set at his table ? If he was not guilty , why was he put to death ? So difficult a thing it is in a lie to keep conformity , either in a lie of actions ( so to speake ) or in a lie of words ! In words it is difficult so to speake that the attentive hearer shall not perceive contrariety : In actions it is impossible that they can be dissembled . This action is a lie , for it saith he is guilty of death ; but their welcomming of him , their setting of him at the table with the King , and their feasting , sayes , he is an innocent , Noble , worthy man ; Indeed onely truth in word and action can accord with it selfe : as it is uniforme , it floweth from unitie , tendeth to it , and endeth in it , and keepeth the taste of the fountain from which it cometh . So they having given this confession of his worth , and again , ( by that ominous signe ) contradicted their confession , must needs be false witnesses however it go . The young Nobleman either understanding the signe as an ordinary thing , or astonished with it as an uncouth thing , upon the sight of the Buls head offering to rise , was laid hold of by their armed men in the Kings presence at the Kings table , which should have beene a Sanctuary to him . And so without regard of King , or any duty , and without any further processe , without order , assise ( or jurie ) without law , no crime objected , he not being convicted at all ; a young man of that age that was not liable to the law in regard of his youth , a Nobleman of that place , a worthy young Gentleman of such expectation , a guest of that acceptation , one who had reposed upon their credit , who had committed himselfe to them , a friend in mind , who looked for friendship , to whom all friendship was promised ; against dutie , law , friendship , faith , honesty , humanitie , hospitalitie ; against nature , against humane society , against Gods Law , against mans law , and the law of nature , is cruelly executed , and put to death : They , ( in despight as it were ) spitting in the face of all duty and honesty , proclaiming ( as farre as lay in them ) there was no dutie to God nor man to bee regarded . And that the measure of their wickednesse thus heaped and shaken , and prest downe might also runne over ; all this was done ( as it should seem ) without the consent , nay , against the will of their King and Soveraigne , who wept at their execution , and forbad them to meddle with his Cousin : the shamelesse men chid him for weeping at the death of his enemy ( as they call him ) during whose life ( say they ) hee needed never to looke for peace , whereas they themselves were his chiefest enemies , and greatest traitours to him , and besides him to God and nature , and to the office of Justice which they bore ; bringing a blot on the one , and the other , and bloud-guiltinesse upon his Crowne , so farre as lay in them . This is that detestable fact never enough to be extracted , which I have laboured indeed to set forth in the owne simple colours , stripping it naked of all farding ( though I confesse no words can equall the wickednesse of it ) that men may learn to detest such things wherein may bee seen what respect they have carried either to justice , to equity , to common peace , or Common-wealth ; that thought it better to root out such a plant , then to dresse and to cherish it ; to ruine such a house rather then to gain it , which they never would have done , if their private pride and avarice had not had the greatest sway with them . I thinke all honest minds should disdain to reade what they gave out before of their love to the publike good , having here so terribly belied it : neither should any man speake of it indifferently without a note of detestation ; neither extenuate it by the Earles simplicity , which seemes to diminish and lessen this execrable perfidie , and cruelty . If this were the wisedome , whereof they had purchased an opinion and name under the former King James the first , and if they had practised such things as this , it hath been a bitter root , and hath brought forth a very bitter fruit , and hath , in all appearance been no small part of the cause of hastening his death , and the emboldning of his enemies unto it , as indeed I finde some of our Writers inclined to say ; for such new men goe commonly about to perswade Princes , that ancient Noblemen are enemies to them , and barres to their absolutenesse , which is it that these men here mean , in saying that the Earle Douglas was an enemy to the King. Not that he bare any ill will to the Kings person ( for that they could no wayes make appeare ) but because he was so great a man : According to that generall rule , that greatnesse in the Nobility is dangerous for the Prince , and as if to be a great man were by infallible consequence to be an enemy to the King. Which maxime I feare they have beaten into his head afterwards , not so much to strengthen and provide for his security , as to draw him to their party for strengthening of themselves : for we see all their intentions aime but at their owne particulars ; and so in this they intend nothing else ; onely they colour their particulars with the Pretext of the Kings service , as they doe this wicked fact also . David Douglas the younger brother was also put to death with him , and Malcolme Fleming of Cumbernald his speciall Counsellour . They were all three beheaded in the back Court of the Castle , that lieth to the West . This augments yet their wickednesse , that they execute his brother also , whose age behoved to be lesse then his owne , who was but very young too , as wee have said . These were good Tutors and bringers up of a young Prince , thus as it were to bait him with the bloud of his Nobility , and to imprint such a lesson in his tender minde that they were his enemies . But for conclusion of this matter , concerning these young men , as there was no law laid against them , so is there no History that beareth witnesse that they were guilty of any capitall crime . And Major saith expresly , Apud Annales legi , quod viri illi non erant rei mortis , sed consilio & dolo Gulielmi Crighton , Scotiae Cancellarii haec perpetrata sunt : That is , I reade in our Annales that these men were not guilty of death , but this matter was atchieved by the counsell and fraud of Crighton Chancellour . It is sure the people did abhorre it , execrating the very place where it was done , in detestation of the fact : of which the memory remaineth yet to our dayes in these words . Edinburgh Castle , Towne and Tower , God grant thou sinke for sinne ; And that even for the black dinner Earle Douglas got therein . Now sith these youths were not guiltie , whereof were they not guilty that put them to death ? and with what note of infamy to bee branded ? Though some seeme to blame this innocent young man ( as they cannot deny him to have beene ) with halfe words , as guided by flattery , given to insolency , presumptuous in his Port , yet is there no effect , or affection brought importing either his being addicted to flattery , or that hee was more insolent , presumptuous or arrogant , then became a man of his ranke . But contrary , that he was of a gentle nature , a repulser of flatterie ( now as hee grew in age ) and of due magnificence , such as well became him . Let us therefore account of him so , as one that was singular in respect of his yeares . And let the blame lie fully on his enemies , who shall finde some meeting hereafter from their Cousin ; that they may finde all the house perished not with him , though indeed the punishment was not proportionated to that which they deserved . In Gulielm . & David fratres in Arce Edinburgena trucidatos . Vestra Sophocleo caedes est digna cothurno , Vestra Thyestea coena cruenta magis , Vos scelere atque dolis , vos proditione necati , Insontes , puerique & patriae proceres : Regius & vestro est foedatus funere vultus : Qui fertur siccas non tenuisse genas . Haeccine ( Rectores ) vestra est prudentia tanta ? Haeccine laudatur justitia ? haecne fides ? Exemplum aeternis nunquam delebile fastis Perstat fraudis atrae , persidiaeque trucis . In English thus , Your murther may deserve a tragick Muse , Your horrid dinner justly might excuse Thyestes feast , by a more treacherous train Drawn to the axe , more barbarously slain Then was his sonne : your Princes guiltlesse eye Stain'd with the sight , wept at the cruelty . Is this these Rulers wisedome ? this their love To Justice ? this the prudence men approve So much ? O! blacke example fit to be Mark't in eternall scroules of infamy . Of James ( called Grosse James ) the third James , sixteenth Lord , and seventh Earle of Douglas , Lord of Bothwell , Abercorne , and Annandale , the fourth Duke of Turraine , and Lord of Longe-ville . UNto William succeeded his fathers brother , James Lord of Abercorne , in all the lands that were intailed , but Beatrix , sister to the said William , fell here to the rest that were not entailed , which were many ( say our Writers ) specially Galloway , Wigton , Balvein , Ormund , Annandale . This James was called grosse James , because hee was a corpulent man of body : he had to wife Beatrix Sinclair daughter to the Earle of Orknay , but which Earle it is not expressed . To finde it , wee must consider , that from 1 William Sinclair ( the first that came out of France , and married Agnes Dumbarre , daughter to Patrick first Earle of March ) 2 the next was Henry his sonne , who was married to Katherine daughter to the Earle of Stratherne . 3 His sonne called Henry , also married Margaret Gratenay , daughter to the Earle of Marre . 4 This Henries sonne , Sir William passed into Spain , with good Sir James Douglas , who carried the Bruces heart to Jerusalem ; hee was married to Elizabeth Speire daughter to the Earle of Orknay and Shetland , and so by her became the first Earle of Orknay of the Sinclaires . The second Earle was 5 William also , who married Florentina daughter to the King of Denmark , the sixth person , and third Earle was ( his son ) Henry who married Giles ( or Egidia ) daughter to the Lord of Niddisdale . The seventh person and fourth Earle is Sir William , who married Elizabeth Douglas daughter to Archbald Tine-man ( the first Duke of Turrain ) and sister to this James the grosse . Now this James his wife cannot have been this last Sir Williams daughter , for then she should have been his owne sisters daughter . And therefore she hath been either Henries ( that married Giles Douglas ) or else Sir Williams , who married Florentina ; which of the two I leave it to conjecture ; her great spirit , and high ambition would seem to argue that shee was come of Kings , and near to them : but the Monument in Douglas calleth her daughter to Henry . She bare to this Earle James seven sonnes , and foure daughters . The name of the eldest was William , and the second James , who were Earles of Douglas , both of them by succession , as we shall heare . The third , was Archbald , who married the daughter of John Dumbarre Earle of Murray , brother to George Earle of March , by which means he got the Earledome of Murray . The fourth , named Hugh , was made Earle of Ormond , and had sundry lands given him by the King in Tividale and Rosse . The fifth John was made Lord of Balvenie . The sixth Henry was Bishop of Duncalden . George , the seventh , died before he was fifteen yeares of age , as our Chronicles do witnesse ; but there is no mention of him in the monuments at Douglas , where the rest are set downe by name . As for his foure daughtets , 1 Margaret the eldest was married to the Lord Dalkeith . 2 Beairix the second , to John Stuart Duke of Albanie , Constable of Scotland , and Captain of fifty men at armes in France . The third was named Jennat , and was married to the Lord Flemine of Cumbernauld . Elizabeth ( who was the fourth ) died unmarried . This Grosse James his eldest sonne William , partly to hold up the greatnesse of his house , partly by the Ladies owne desire , ( who directly refused to marry any other of the name of Douglas ) married Beatrix Douglas his Cousin : She was called the faire maiden of Galloway : and so by this match the estate of Douglas was preserved intire , and those lands which shee would have been heire to , and divided from it , were kept in their owne hands . This match was made farre against the opinion of the rest of the name of Douglas , who thought it better that she should have been married to some of the house of Angus or Dalkeith , alledging that the house of Douglas was too great already , and that their greatnesse would be the ruine of the house , which maxime although it proveth often true , that too great Dominions under Princes , as also Princes themselves having so large extent of territories , and other republicks , and Common-wealths , when they come to that hugenesse that they cannot easily be governed , do fall , and are overthrown by their owne weight : and the conspiracies and combinations of neighbouring Princes , or States ( who feare , and are jealous of their excessive greatnesse ) or by their Subjects within , either through the Princes jealousie ( who suspects them ) or others envie , who stirre jealousie in the Prince , and draw him to suspect them . And therefore all , both Lordships and Empires , are to be restrained and kept within a mediocritie , and that as well Princes , and Common-wealths , as subjects ; which all men will confesse : but what this mediocritie is , they declare not , neither will they confesse , or doe they ever thinke that they are come to that fulnesse , that there is any danger of exceeding so farre , as to procure their overthrow , or breed any perill . It is said of Augustus Cesar that he intended some moderation of the Empire , and had resolved to have propagate it no further : yet it was doubted upon what ground it was that hee thus resolved ; whether out of prudencie , or of envie toward his successours , that none might goe beyond him , or adde any more to it then he had . And it is indeed a hard matter to perswade men , and perhaps no lesse difficult to prove , for all agree that these inferiour things ( even all of them ) are in a perpetuall fluxe and motion , and that they cannot stand long at a stay , without going either forward or backward , increasing or decreasing . If therefore they goe not forward , they must goe backe ; if they doe not increase , they must decrease : which if it be true , it were better to seek to increase so long as men may , then to take them to a standing , from which they must decrease , if they doe not increase . But whether out of that discourse of reason , his friends of the name of Douglas would thus have perswaded him not to become too great , for feare of falling , or for any particular of their owne , or whether he for this other reason , or rather for the common disposition of men to presse ever forward , I know not , but hee chose to bee great , and take his hazzard . And because the two parties were within the degrees prohibited by the Romane Church ( Brothers children ) he sent to Rome for a dispensation , which being long in coming , and he fearing least the King , and the rest of the name of Douglas would cast all the impediments they could in the way to hinder the match ( which was also reported , and not without ground ) caused hasten the marriage before the dispensation came , and that in Lent too , a time forbidden also , and which is more , on the friday before Pasch , called commonly Good-friday . This was thought ominous , and the unhappy event confirmed this opinion . They were married in the Church of Douglas . Some write that this marriage was procured and made by the young man himselfe , after the decease of his father . However , this was a speciall cause of dissention , and division amongst those of the name of Douglas . For the actions of this grosse James , wee have no particulars recorded in Histories , either in his brothers time , or his nephewes time , or now when he cometh to be Earle himselfe . There is no mention at all made of him , whether he did any thing for to revenge the murther of his nephewes by Creighton and Levingston : belike as he hath been corpulent , so hath his corpulensie caused a dulnesse of spirit , as commonly it doth . Some write that he was Warden of all the Marches , and his Monument at Douglas agreeth with them , and sayes that hee was a great justiciary . Others write that he was no ill man , that hee entertained no disordered wicked men , but yet he did not represse them sharply enough , and therefore was suspected by the King , and disliked by many : hee died in Abercorne within two yeares , or not three ( sayes the manuscript ) after the marriage of his sonne , which hath not been long in the making . Wee may ghesse it most probably to have beene not fully three yeares , and so that he died in the yeare 1443. Hee was buried in Douglas , where on his Tombe he is called ( Magnus Princeps ) and amongst other Titles , Lord of Liddisdale , and Jedward Forrest : his wife is styled Domina Aveniae , Lady of Avendale . His Epitaph there is yet to be seen thus , Hic jacet magnus & potens Princeps , Dominus Jacobus de Douglas , Comes de Douglas , Dominus Annandiae , & Gallovidiae , Liddaliae , & Jedburg-Forrestiae , & Dominus de Balveniâ , magnus Wardanus Regni Scotiae versus Angliam , &c. Qui obiit vicesimo quarto die mensis Martii , Anno Domini millesimo quadringentesimo quadragesimo tertio . 1443. His Wives is thus : Hic jacet Domina Beatrix de Sinclaire , ( filia Domini Henrici Comitis Orcadum , Domini de Sinclaire , ) Comitissa de Douglas , & Aveniae , Domina Gallovidiae . His Childrens thus : Hae sunt proles inter predictos Dominum , & Dominam generatae . 1 Dominus Gulielmus primò genitus , & haeres praedicti Domini Jacobi , qui successit ad totam haereditatem predictam . 2 Jacobus secundò genitus , Magister de Douglas . 3 Archibaldus tertiò genitus , Comes Murray . 4 Hugo quarto genitus , comes Ormundiae . 5 Johannes quinto genitus , Dominus Balveniae . 6 Henricus sexto genitus . Margarita uxor Domini de Dalkeith : Beatrix uxor Domini de Aubignia . Joneta uxor Domini de Biggar , & Cumbernauld . Elizabetha de Douglas , quarta filia erat . In English thus , Here lies a great and powerfull Prince , Lord James Douglas , Earle of Douglas , Lord of Annandale , and Galloway , Liddesdale and Jedbrough-Forrest , and Lord of Balveny , great Warden of the Kingdome of Scotland towards England , &c. Hee died the 24. day of March , in the yeare 1443. His Wives is thus , Here lies the Lady Beatrix Sinclair , daughter of Henry Lord of the Isles , Lord Sinclair , Countesse of Douglas and Evendale , Lady Galloway . Their Children . These are the children betwixt the said Lord and Lady : 1 Lord William his eldest sonne , and heire to the said Lord James , who succeeded to all the foresaids lands . 2 James the second sonne , Master of Douglas . 3 Archbald , the third sonne , Earle of Murray . 4 Hugh , the fourth sonne , Earle of Ormund . 5 John the fifth sonne , Lord of Balvenie . 6 Henry , the sixth sonne . Margarer , wife to the Lord of Dalkeith : Beatrix , wife to the Lord Aubignie : Jenet , wife to the Lord of Biggar and Cumbernald : Elizabeth Douglas was the fourth daughter . Jacobus Crassus , Duglasii crassique mihi cognomina soli , Conveniunt : O quam nomina juncta male . James the grosse . To be a Douglas , and be grosse withall , You shall not finde another 'mongst them all . Of William stain in Stirling Castle , the seventh William , and eighth Earle of Douglas , the sixteenth Lord , and fifth Duke of Turrain , &c. UNto James succeeded his sonne William , a man of another mettall , and resembling more his Grandfather , and Cousin , ( who was put to death in Edinburgh Castle ) then his father , who did remember , and imitate more his Cousins diligence , then his fathers negligence , for hee endeavoured by all means to entertaine and augment the grandure of the house by bonds , friendship , and dependances ; retaining , renewing , and increasing them : and therefore his marriage of his Cousin Beatrix is attributed to him , and is thought to be his owne doing , and not his fathers . Upon his first coming to be Earle , his first care was to establish some certain order for his affaires : for which purpose hee conveened his whole friends at Dumfreis , made choice of his Counsellours , createth his Officers for his rents and casualties , and settleth a constant order in his house . Great was that house ( as hath been said ) and doubtlesse it was nothing diminished by him , but rather increased by the accession of his fathers estate ( which he had ere he was Earle ) and his wife : which being added unto the old Patrimony of the house , made it to surpasse all others that were but Subjects : for it had beene ever growing from hand to hand , since the time of Lord James slain in Spaine , continually , who had the Lordship of Douglas onely at the first . To it was added the Lordship of Galloway by Archbald , slain at Halidoun-hill . By Archbald the Grimme , the Lordship of Bothwell . By Archbald the third ( called Tine-man ) the Dutchie of Turrain , and Lordship of Longe-ville . Annandale , and the Earledome of Wigton , by Archbald the fourth : and now the Lordship of Abercorn , by Grosse James . So that his revenue hath beene huge at this time , as appeares also by the ranke hee ever carried , as second in the Kingdome . His dependance and following may bee judged by these his Lordships , and estate , and for his other friendship , there were divers houses of the Douglasses ; as Angus , Morton , Drumlanrigge . By his alliance he had Aubigny , and the Lord Fleming of Cumbernauld , who had married his sister . By his mother , the Earle of Orknay by his wife , at ( Beatrix ) the house of Crawford , of which her mother was a daughter , beside the old friendship that was ever betwixt them . And this may be seen by History , who list to observe it , whereof more may be found by a more accurate disquisition . Thus enriched , thus waited on , thus followed , thus served , thus underpropped , and sustained by wealth , friendship , dependance , alliance , and kindred , his power and greatnesse was such , as was not matched under the Prince by any in this Kingdome . But here is the maleheure , the Principalls of his owne name ( Angus and Morton ) assisted him not , but divided themselves from him ; and either were not his friends , or even became enemies , as wee shall heare hereafter . What the occasion thereof was , is not directly mentioned : some thinke it was the discontentment they had conceived at his marriage , either because they accounted it unlawfull , or because some of them would have had her to themselves , which is the more likely , or in respect of their kindred with the King , who was indeed induced ( though not yet ) to think hardly of him ; or out of emulation of his greatnesse , as an hinderance to their growth , which was Bishop Kennedies opinion to his brother , the Earle of Angus : and so it falleth out often , where a decay is to come upon a house , it first divides from , and within it selfe , yet that was but an insensible point at this time ; his owne greatnesse being such as would scarce suffer him to finde the losse ; standing as it were not by any friendship , but meerely of himselfe , and upon his bottome . At the very first , when hee entred to the Earledome , he entred also ( as hereditary ) to the enmitie of the two grand guiders of the time Levingston and Creighton , with whom the hatred tooke beginning in his Uncles time , and was thereafter traiterously , and cruelly prosecuted by them , on his two Cousins : it continued , though coldly , in his fathers time , and was now quickned and revived by himselfe . They would needs lay the blame of whatsoever disorder happened in the Countrey upon him ; not onely of what fell out in the borders ( where hee commanded , and might command indeed ) but even in the Highlands also , that which John Gorme of Athole did ( who fought with the Laird of Ruthven , and would have rescued a thiefe out of his hands ( being apprehended by him as Sheriffe ) if hee had not beene defeated , and thirtie of his men slain by Ruthven ) they would have it to bee thought that the Earle Douglas forsooth had an hand in it . But it is well that our Writers say , it was but thought so : and thought it had beene said so by his enemies , there is no necessitie to beleeve it was so , for they had done him more wrong , and dealt more treacherously with him , then to make such a report for me , it soundeth not in my eares , that it had so long a foote , or that John Gorme could not doe such a thing without the Earle of Douglas , or that the Earle Douglas would meddle with such a matter . This I thinke , that in his owne bounds he would suffer none to acknowledge the Governours , which was his Uncles course , as we heard , seeing he was himselfe to bee answerable for them . It was his fathers way also ( though more coldly according to his naturall disposition ) as may bee gathered of that which is said , that he repressed not theeves , though he entertained them not : which is as much as to say , as he was not Authour , or occasion of their theft , yet he being no Magistrate himselfe , and others having taken the government upon them , he would let them beare the weight of their owne charge in executing thereof , and would not help them therein by restraining any . And that so much the rather , because having murthered his Nephew , he could not with credit employ himselfe to ease them of their burthen by his assistance : he did them no hurt , he could not with honour do them any good . So hee lets them alone , doing to them neither ill nor good , then which I thinke he could not do lesse . And where just cause of enmity was , how could it be more modestly used ? Except they would have had him ( after such a vilanous fact ) to go creeping under their feet ( as we say ) which the meanest man will not doe after the smallest injurie . And even where there is no injury , unlesse men reape some benefit , they will suffer others to do their owne part , and not help them , where they have no interest either as belonging to their charge , or from whence they may gather some profit . It is true , he onely could doe that service , and there was no ability in them that had the charge , but he was not obliged to supply their inability : and why should they have taken on them ? or why should the States ( which I thinke did not , but that it was done by faction ) have laid it upon them , that were not able to discharge it ? This was not wisely done , and it is the very point of the errour in the Estates ( so called ) and the ground of all the inconveniences that fell out , for they chose men that had not power to discharge the Office , and such as had , did let them do it alone ; and withall ( perhaps ) disdained their preferment , as being without merit , for wee see no merit in them by true vertue : hereon arose discontents , then grudges , then crossings , then blamings , and reproaching in words and deeds , growing at last to an open enmitie . Of such great importance is it , to make right choice of men for employments . And such wisedome is requisite in the choosers ( bee it Estates , be it Princes ) not to follow affection , but to consider worth and ability rightly , and to employ accordingly : which if it be not done , it carrieth with it infinite inconveniences , & hath troubled many Estates , yea , ruined them ; and it must needs be so . Happy State , happy Prince , yea , happy he whosoever , that having a necessity to imploy others ( as who hath not ) imployeth according to reason , and not affection , or hath his affections ruled by reason ! which if hee doe not , it shall disgrace the imployer , breed disdain to him that is imployed , and bring contempt upon both , which will burst out with occasion , and not long be curbed , and kept in , thought it lurke for a time . It may bee this Earle of Douglas hath gone further then his father in showing his contempt of these justice-bearers . It may be hee hath borne with the Bordermen , and been more slack in repressing of them , ( for his father repressed them , though not enough ) because hee had intention to imploy them ; being more sensible of the wrong done to his Cousins , & had a greater eye to revenge it , and therefore was loth to controule these men of service , further then the mere necessity of his place did require at his hands , whereof the rule ( in the eyes of the people ) was to save all men from that misery as farre as he could : in his owne eyes , the rule which he propounded to himselfe , it was to protect his friends and dependers ; and for his adversaries , to rejoyce perhaps at their smart , if not to procure it : as for neutralls , to leave it to the Magistrate to redresse what is amisse , not perceiving by that mean , he doth more hurt the Countrey , then his enemies , and wounds his owne credit more then their reputation : and therefore he lost more by furnishing them with some ground of obloquie , offending the people and honest men , then he gained by the hurt of his adversaries , or favour of broken men . Nothing is more popular , yea nothing is more profitable then justice , ( say all Writers ) not to mean and private men onely , who incurre the danger of law by injustice , but even to great men , even to Princes , who if they incurre not the danger of lawes , being placed above the reach thereof , yet doe they lose the most profitable instrument of all their actions , by which they must needs worke , and without which they cannot , the hearts of men : It feareth me , too many think it enough to have their hands , to have their bodies at command , but let no man thinke he can have their bodies , if hee have not their hearts : neither their heart , if hee have it not indeed , in a high measure of affection . Who hath no measure of affection , can have no action of the body to any purpose , and a slacke affection produceth but a slack action , as it hath ever proved . So that in effect , policy hath that chiefe object to worke on the affections of men , and that not to deceive , or force them ( for neither of these can worke well and long . ) Neither is it sufficient that a man see not a present evill , as a Prince a present insurrection , a great man a present losse of his followers , and favourers ( which falleth out sometime , but not alwayes . ) Oftentimes it is like a canker , working by peece-meale , insensibly , from degree to degree upon the affections , til it hath consummated the worke of disgrace of the party it seazeth on , and winded their favours out of the hearts of men . As commonly mens actions that procure it are of the same sort , not all in an instant , or at one time , but one ungratious fact cometh after another , and another again upon the necke of that , and so forth . This therefore is so much the more diligently to be taken heed of , and eschewed in the beginning ; or if any errour escape , to be taken up and recompensed by amendment , or some other gratefull action importing as much favour , as the errour did disdain : neither must the affections of men be suffered to coole , languish , and to bee eaten up at unawares , till at last they utterly decay and perish . Thus ( we may see here ) he hath not been well advertised by those of his house of Douglas , which before were the most esteemed , the best beloved , and favoured universally almost by the whole Countrey . But now , while as they would trouble the Governours , and let their inability bee seen , and for that end either beare with theeves , or suffer them , they are not aware , that by this mean they suffer an ill opinion of themselves to creep into mens minds , and that love of the people to diminish by peece-meal , for the space now of three or foure mens lives . And whereas they were wont with their heritage to succeed to a generall favour of the people , now on the contrary , they succeed to a grudge , and ill opinion , and so an universall dislike , which at last hath done away all that wonted love , and turned it into hatred ; which did greatly advance and further the plots of their enemies against them , and made that their greatnesse odious , that was accustomed to be favoured . It is very true , that the men against whom he set himselfe , had used no good means , abused there Offices , abused their Countrey , and the name of the King , and Common-wealth for their owne particular ; yet he should not have used ill means , no not against ill men ; and the bare name of authority is of weight in the eyes of men , as the name of theft odious ; from any countenancing whereof , Noblemen should be farre , as also from seeming to rise against any manner of Authority , though Authority bee put even in mean mens hands , as these were ; chiefly when the opposers of Authority can make no other end appeare , but their own private , and that blotted with the enormities of broken men : yet what shall be given to a just anger ? what unto the time ? what unto youth ? all these plead pardon , if not approbation ; The rather for that he taketh up himself from that sort of doing , so soone as hee can get a right King , to whom he might have accesse , and to whom he might yeeld with honour which was ere long . The next yeare , 1444. the King taketh the government on himselfe directly . Thither immediately the Earle Douglas concludeth to addresse himselfe , and by all good means to obtain his favour ; to satisfie the people , to satisfie all men that were offended , and fully to change that course he had before followed . Certainly repentance is worth misdeed : and it may bee seen , that the force of enmity hath driven him into these faults , which as soone as he can , he layeth aside . So coming with a great company to Stirlin , he deales with the King by the intercession of such as were about him ; and finding that he was appeased , goeth on , and puts himself and his estate in his Princes will , partly purging himselfe of the crimes past , partly confessing them ingeniously ; and telling him , that what ever estate he should have from that time forth , hee would owe it to the Kings clemency , and not ascribe it to his owne innocency : That if the King would be contented to be satisfied by good Offices , hee would endeavour not to be short of any in fidelitie , observance , diligence , and good will towards him : That in repressing and punishing of theeves ( whose actions his enemies laid upon him ) there should no man bee more severe , nor more carefull : That he was come of a house that was growne up , not by doing injuries to the weaker , but by defending the weaker and common people of Scotland by arms . Certainly a true conclusion , & undeniable by his greatest enemies . But I have thought good to set downe all as it was conceived : for whether there was any fault or not , his submission was great , and his repentance sufficient to purge it whatsoever it were . Such is his respect to his soveraigne Prince ; and such the force of authority rightly placed in the due owner thereof . And such was also the force of truth in his speech , that the King , understanding that it was true in his predecessour , and hoping it would be true in himselfe , moved also by the private commendation of his Courtiers , not onely passed by , and forgave what ever had been amisse in his life before , but also received him into his most inward familiarity , and did communicate unto him the secrets of his counsell : Neither was the Earle unworthy thereof for his part , but behaved himselfe so well , that within a short time hee acquired the favour of the King by obedience ; of his Courtiers , and servants , by liberalitie , and of all men by gentlenesse , courtesie , and modestie , and put the people in hope that he would prove a meeke and sober-minded man. The wiser sort doubted ( say our Writers ) whither so sudden a change would turne . But why should wee thinke it a change ? or if it were a change , it was very casuall , very apparant , and nothing to be wondred at : for it is this in effect : he had been untoward to base men , why should he not yeeld to his King ? hee had slighted the shadow of authority in them , why should he not acknowledge and reverence the beames of it in his Prince ? he had beene froward to his enemies , why not gentle to his friends ? he had sought to make them smart that wronged him , why not cherish those that did him good offices ? he had warred on them , that had warred against him : why should hee not keep friendship with those who kept friendship with him ? certainly , these are not changes , neither of nature , nor of manners , but are commonly ( wee see ) in one and the same nature , and proceed from one and the same cause , which is greatnesse of courage , and regard of due honour . The greater despiser of basenesse , the greater reverence of true greatnesse , the greater repiner against compulsion : the gentler and calmer being used courteously : the harder enemy , the faithfuller and sweeter friend : so that wee may suspect these mens wisedome , that did so farre mistake his true courage , and accounted that a change , which was but a continuation of his inbred disposition . Two men are designed to have taken fray at the matter , whose consciences were guilty of what they had deserved : Alexander Levingston , and William Creighton , not for the change of his manners , but for the change of his credit . They had traiterously slain three innocent Noblemen , his two Cousins , and Malcolme Fleming . They had kept himself back from his Prince , and his Prince from him , and were sory that ever they should have met in a friendly sort . They would have been glad to have blowne the bellowes of dissention , to have irritated the one , and misinformed the other , made their owne quarrell the Kings , and so have caused the King and Countrey to esteem of it . They were now disappointed of that , and the Earle had accesse to informe the King of their misdemeanour in their Office , and to move him to call them in question for it . They knew hee would remember the wrong done to his Cousins : they knew how unable they were to answer for many of their facts , and therefore they retire themselves from Court : Levingston to his owne house Creighton to the Castle of Edinburgh which hee had still in his keeping . Neither was the Earle Douglas negligent in this occasion , that was thus offered to seeke justice by law and by justice , to be avenged of his enemies for the wrong done by them against law . Wherefore he diligently informed the King from point to point , of their misbehaviour in their Office : how they had abused him , abused his rents to their owne private use , and moved him to call them to an account thereof , whereupon being summoned to a certain day , they durst not compeir ; but to set a faire face on the matter , they answered by Procuratours , or by letters : That they were ready to give an account of their government , that they had beene very carefull of the King and Countrey , desired nothing so much as to give an account thereof before equall Judges . But for the present , when the minds of men were preoccupied with the favour of their enemies , and all accesse closed with armed men , the King behoved to pardon , that they did eschew not to come to judgement , but to come in the danger of their deadly enemies , and keep their lives for better times : when the Captain of theeves , being removed from the Kings side ( which they had of times done before ) they would approve their innocency to the King and all honest men . These reproaches , and brags touched , and were meant of the Earle Douglas . Him it was they called Captain of theeves , because of the border men , of whom many were his followers . That they removed him often before was idle boasting : for he had abstained to come to the King , so long as the King was in their custody , so long as he was in the Castle of Edinburgh , where they might have murthered him , as they did his Cousins : That he was their enemy , he denied not , and had just cause so to be : but to take that excuse from them , he gave them assurance he should not proceed against them any wayes , but by order of law ; and offered for that purpose to goe from Court , till they should come to it in safetie . And to meet their reproach ( of captain of theeves ) and their boasting of the just administration of their Offices , hee was ready to prove that they themselves were theeves , that they had stollen the Kings revenues , and distributed to their friends , and converted them to their owne particular use , and that they had traiterously against justice murthered his Cousins , whereof he besought the King to grant him justice ; and so a new charge was given out , and another day appointed for them to compeir . Which being come , and they not compeiring , they were denounced rebells , in a Convention kept at Stirlin the fourth of November , and their goods and moveables confiscated . Thereafter John Forrester of Corstorphin ( a depender of the Earle Douglas ) is sent with a power of men , to intromet with their goods ; who having received their houses , some he razed , some he manned with new forces , and provision : and so without resistance he returned , laden with great spoil . Hee was scarce retired , when Creighton assembled his friends and followers so suddenly as none could imagine , furrowed the lands of Corstorphin , together with the lands of Strabrock , Abercorn , and Black-nesse , and amongst other goods , he drave away a race of mares , that the Earle Douglas had brought from Flanders , and were kept in Abercorn , doing more harme then he had received . This may seem strange to any man ; neither do our Histories sufficiently cleare it , either where he got these forces , or whither he carried the goods . They insinuate , that he was aided and assisted under-hand by Bishop Kennedie , and the Earle of Angus and Morton . Angus was the Kings Cousin germain , sonne to his fathers sister , and by her , brother to the Bishop : Morton had married the Kings owne sister . But of these , the Bishops power lay beyond Forth ; ( for he was Archbishop of Saint Andrewes ) and the Earle of Angus further ( beyond Tay ) : so it is hard to conceive , either how they could suddenly assemble to their folks , or that they could conveene many ( except such as Angus had on the South side of Forth in Liddisdale , Jedward Forrest , and Bonkle ; likewise Mortons lands and friends were ( most part ) on the same side of Forth ) to make assistance against the Earle Douglas . But how ever apparantly , they did it not openly ; and this , it was against order , against authority , and against Law : and if the Earle Douglas had done it , it would assuredly have been called an open Rebellion against the King , theft , oppression , presumption , arrogancie , insolencie , and faction , as we heard it was before , when he contemned the Governours onely , and as it will be called ( perhaps ) hereafter . If men alledge , that the King was guided with the Earle Douglas counsell , and his name used to a particular onely : tell me ( I pray you ) was there ever any thing more formally than this against Creighton ? And if the Earle Douglas his particular was in it , what then ? how many actions of justice are otherwise done without instigations of private men ? without the mixture of their cause ? without their particular suiting ? and particular insisting ? and if it be lawfull to any to seek justice for his own particular , the Earle Douglas his particular was such , as very well became him to insist in : the wrong so manifest , the murther so vile and traiterous . And if that which is done against the lawes shall not be accompted wrong , nor esteemed to touch the King , because parties have their particular in that law , none or few things shall be accounted to be done against the king , or against law ; for there is almost ever some particular joyned : and the same hath been and wil be the Earle Douglas his case . This therefore cannot be accounted innocencie ; yea no lesse then open violence , and plaine rebellion , and presumption against the Earle , clad now with justice and lawes , and against the king as protector , and Patron of justice . No marvell then if the Earle Douglas was offended herewith , both for his own cause , whom the losse touched so neere , and for such manifest contempt of the King , and if therefore he seeke to be avenged thereof . But there was a different forme to be used , according to the different actours ; of which we see there are two sorts , Creighton and Levingston were open enemies , open actours ; they themselves obnoxious to the law ; against them the law will strike , and so he proceeded with them : he besieges openly Creighton in the Castle of Edinburgh , and no question he had taken from him before whatsoever was without it . The others , not open enemies , and actours themselves , they were but secret stirrers up , abetters , and assisters of his enemies ; and among them Bishop Kennedie was the chiefe plotter and deviser ; the law could not well be had against him ; he must be met with in his owne way , he had done besides the law , he must be met with besides the law : he had done disadvowedly , he must be met with disadvowedly . Therefore he writes to the Earle of Crawford , who with Alexander Oglebee of Innerwharitie gathered a great hoast , entred , life , and without resistance spoiled the Bishops lands , either because they could not get himself , or because they had a greater minde to the bootie , then to the quarrell . The Bishop using his own weapons , curseth them ; but they made small reckoning of his curses . Neverthelesse shortly after there fell variance between Crawfords eldest sonne ( the master of Crawford ) and the Oglebees about the Bailliarie of Arbroth : for the Monks had given it from the Master to Innerwharitie , and hereupon having assembled their forces on both sides , they were readie to fight it out . But the Earle of Crawford ( having gotten advertisement ) came into the field to have composed the busines , and trusted they would have respected him , and not have offered him any violence , he entred in between the two parties ; where having stayed his sonnes companie ; he was going over to speak with the Oglebees to have brought matters to a parlee , and treatie . In the meane time one that neither knew what he was , nor what his intent was , runnes at him with a spear and slayes him : hereupon the battells joyning the victorie fell to the Master of Crawford , there being 500. slaine of the Oglebees side , Alexander Oglebee taken , and the Earle of Huntly escaping on horsback . This victorie was obtained chiefly by the valour of the Cliddisdale men , of whom the Earle Douglas had sent about 100 to assist the Master of Crawford . This Master of Crawford was now Earle ( his father being slaine ) and was called Earle Beardie , of whom there will be mention made hereafter , he being that Earl with whom Douglas is said to have entred into league ; though we see there was friendship betwixt them now , the Earles Ladie Beatrix being a sister daughter of the house of Crawford , besides the old friendship that had been ( ever since the first Earles time ) betwixt the two houses . In the mean time the siege of the Castle of Edinburgh ( where Creighton was shut up ) had now continued some six or seven moneths , from the midst of July ( as appeareth ) unto the beginning of February in the next year : for there being a Parliament called , to be held at Perth , it was removed to Edinburgh , that the siege might not be interrupted , and sate down in the beginning of February 1445. The siege lasted two or three moneths after , which makes in all some nine moneths , or thereby : at last both parties ( the besieger and the besieged ) being wearied , the Castle was surrendred to the King , on condition that Creighton should be pardoned for all his offences which he had committed against the King , and should be suffered to depart life safe , which was granted unto him : Our Writers term them the offences which he was said to have committed against the King : As if they should say , There was no offence indeed done to the King : And more plainly a little after , as in all contention , he who is most strong would seem to be most innocent : which sayings are to be judiciously considered , and accurately weighed , whereof we have spoken before : But if they will needs have it so , we will not be contentious . Thus Creighton , not so much hurt , as terrified , escaped due punishment by meanes of the Castle , which could not easily be taken , but by composition . Whether this was through the impatience of the Earle Douglas , that would not take leasure to wait on the siege , untill they should have been forced to yeeld for want of victuals ; Or whether Creighton hath had some secret friends at Court , who did make use of this occasion to work his safetie , there is no mention . But Levingstone leapt not so dry-shod , being no lesse guilty of his Cousins murther . The Earle had bent his just indignation against him also , and caused summon him to the Parliament of Edinburgh , together with his sons , James and Robert Levingstons ( this Robert had been Thesaurer ) and David Levingston his Cousin : His friends also , Robert Bruce of Arth , with James and Robert Dundasses . The Lord Levingston himself , with the two Dundasses , were convict , forfeited , and condemned to perpetuall prison in the Castle of Dumbarton . The other three , James , and Robert his sons , and David his Cousin , and Bruce also , were execute : What the crimes were that were laid to their charge , whereof this difference of punishment did arise , it is not written , either by the old or late Historians . This appears , that it hath been no particular of the Earle Douglas ( of which the father was most guiltie ) and that their Processe hath not been guided and ruled by him , nor framed according to his spleen , which would have aimed most at the old man , as accessary to the death of his Cousins , whereas we see he escapes with imprisonment onely : His sons are hardlier used , being put to death : So that it must needs have been for some other crime , whereof the acts of Parliament that are extant in print makes no mention , or particular relation , as the forme is ; and James Levingston in his speech at his death purgeth himself , as free of all true crime , what by being innocent of some , & having obtained a remission of others ; yet he mentions not what was alledged against him ; wherefore we must leave it as uncertaine . Some conjecture , that it was for keeping of some castles , and strong houses , and not rendring them to the King being summoned , against an act of Parliament made by Creighton before , by which act Creighton also himselfe was forfeited afterward ; but we know no ground for that opinion . They alledged also another act ( which only is extant ) the other not being extant ( and may seeme to sound something that way ) made in the second Parliament , in the yeare 1488. against the re-setting of rebells in castles ; which imports no keeping of houses after they be charged , or summonedto render by the Kings officers ; but only commands to arrest their persons , or to take surety , and baile for them that they do no harme : Neither is there any penaltie ( much lesse forfeiture ) annexed thereto ; only it sayes , they shall be forced and constrained to do it . This execution of the Levingstons is cast into the yeare 1447. ( after that Queen Marie , the Duke of Ghelders Daughter was married to the king ) at which time it is said , that Creighton was also forfeited , notwithstanding he had been Embassadour in procuring and making that marriage . The cause of his forfeiture is given out to be the keeping of the castle of Creighton when it was summoned and charged by an Herauld of armes , according to , & by vertue of the same act forsaid : But we have already spoken of that act , and we finde no mention of any Parliament that year . Neither from the year 1443. until the year 1449. wherein he should have been forfeited . And this we observe , that judgment may be adhibited in the reading of those , and such like things , however Creighton thus dashed , the Levingstons some executed , some imprisoned , forfeited , and condemned , there seemed to be some compensation of the murder of his Cosins , also their assister Bishop Kennedie received his part , so it is said that he had much ado to save himself , by leaving his goods a prey to them that pleased to take them . These things are imputed to the Earle Douglas as faults : why I cannot tell , unlesse we require of him that exact philosophicall disposition , to be free from all humour of revenging , which few have brought with them that have been conversant in the affaires of State , or common wealth . No not these who have been accounted as Philosophers , and that very precise ones , such were both the Catoes , whose common ordinary course was to be avenged of their enemies by publick accusations , and pursute of law : wherein if there be a fault , let there be no law , that permitts it , yea that allowes it , and exhorts unto it ; it is recorded of Cato called Censorius , that having met a young man in the street , who had accused his fathers enemie , and gotten him condemned , he cherished him and embraced him , saying , It was farre better so to celebrate the funerall of his father with the teares and condemnation of his adversaries , than to sacrifice with kids and Lambes . It is naturall to men to resent injuries , and as naturall to seek the repairing of them ; and he is excused who recompenses a wrong received ; and he is accounted also just who does it byorder and modestie , that hath patience to sute it , and abide the delayes of a Court-sute , it being a mean to purge blood out of the land . Neither does either Philosophie , or Religion forbid it but ; by the contrary , commands & allowes it . Only the caution is , that the minde of the pursuer be voide of malice , and his eye set upon justice : of which intention the searcher of hearts can only be the competent judge . If some Imperfections , and weaknesse of nature do mingle with the action ; we must not alwayes for that either utterly reject the action , or condemne the authour . But we must acknowledge that as right , which is right , and pardon the imperfection , which none wantes . We must not exclaime against it as if it were nothing but partialitie : Nor against the doer , as meerly vindictive , cheifely in a fact so very enormous , as the murthering of his Cosins was , wherefore if we shall without partialitie in our selves consider this whole pursuit , and give it the right name , we shall call it kindnesse to his kinsmen : equitie , justice , modestie , and patience , rather than wrong and malice : and praise him for his kindnesse , and faithfulnesse in friendship in revenging their quarrells , which hath been his very inclination , as will appeare hereafter yet not only this his just pursuite , but every thing that fell out in the countrie is laid upon him to brand him : as the slaughter of James Stuart by the Boydes , and the like : the taking of the castle of Hales by Patrick Dumbarre , which he is said to have taken , and killed the keeper thereof : because the Lord Hales had then received the Queen mother into the castle of Dumbarre : who had fled hither to eschew the troubles of the times . The Earle Douglas within a few dayes after got the castle of Hales againe , on condition to suffer the said Patrick Dumbar and his men to depart with their lives safe . Likewise he is said to have constrained Sir James Stuart ( the blacke knight of Lorne ) who had maried the Queen mother , to goe out of the countrie , upon some speeches uttered by the said Sir James against the ill government of the affairs of the kingdom : But neither is it set down what the words were , neither what sort of constraint was used towards him . This Sir James as he was sailing into France , his ship was taken by the Flemings , and he himself died soone after . The next year ( which was 1448 ) there fell out warre with England , and incursions made on both sides by the Borderers : where the Earle Douglas began again after so long an intermission ( to wit from the entrie of King James the first in the yeare 1423. the space of twenty five years ) to take upon him the managing of the warre , which his house had ever done , and he now also discharging with honour , and following the footsteps of his predecessours , for Dumfreis being burnt by the Earle of Shreusburie ( or Salisburie ) Dumbar spoiled by the Earle of Northumberland , James Douglas ( the Earles brother ) burnt Anwick in England , where having gotten great store of bootie , and many prisoners , as the others had done in Scotland , being almost equall , the & prisoners goods , & were changed by consent & agreement of the captains . But this was only a small assay before a greater matter , which followed this same year , as should seem , yet there was some cessation for a while , and truce taken for seven years . In which time the Earle who ( as we see ) was so zealous in prosecuting the revenge of the wrong done to his Cosins , showes another propertie no lesse commendable , which is to be as kind and forward to advance his friends as he had been to quell his enemies . For the same year James Dumbar ( Hollinshed calles him John ) Earle of Murray being dead , first he obtaines the foresaid Earles daughter ( who was Neece to King Robert the second by his daughter ) for his third Brother Archbald ; then the title of Earl of Murray from the King ; notwithstanding that she whom his brother had married was but the youngest sister , the elder being married before her fathers death unto James Creighton , of whom the house of Fenderet is descended ; how it came that he was preferred before Creighton , who married the elder sister ; whether because the titles of Earles do not go by succession unto the heirs of Line , but by the pleasure of the Prince , and that he had more court then Creighton , or whether there was some respect also had to the kinred , or what ever cause there were of it , it gave matter of speech to his enviers , and to our histories it hath furnished matter of Censure , as a wrong done to the elder sister , to whom they think it belonged : he obtained also his fourth brother Hugh to be made Earle of Ormond ; and his fifth brother John to be Lord of Balvenie , and Baron thereof , with many rich , and fruitfull lands . In which actions of his , when men can finde no ground of alledging that he did any wrong , they blame him as immoderate in augmenting too much the greatnesse of his house . Wherein I cannot but praise his kindnesse and carefulnesse , in preferring of his friends by all lawfull meanes , which is a dutie standeth with wisdom , and a right wisdom : neither was it ever , or can it be ever justly discommended , where there is no injurie committed . Whereas , not to do it ( if a man be able ) and not to seem to do so , proceeds either of carelesnes , or that which is worse , wickednesse , selfe love , and in some , envi and malignity , even to their owne friends . Which kind of doing , deserves no commendation , when it is but carelesnesse , farre lesse when it is done of malice : last of all , when men doe not onely not labour to advance their friends , but even endeavour to keep them under , by a point of wisedome which they thinke very deep , that they may remain servants to them ; fearing that if they come to any preferment , they would not be so ready to serve them , and might perhaps grow up above them . This humour , as it is malignant , and an ill disposition , so it is no great good wisedome , whatsoever subtilty it may seem to have in it●… for they advert not , that they hinder them , who would stand them in stead , and cut them short in power to be steadable to them , and so cut down the props of their owne standing , and such as would support them in their need & necessity . And while they feare that their friends out-strip them , they give place and matter to their enemies to overtop them both . Now the feare which they apprehend of their friends neglecting their duetie to them , is very farre off , and if ever it come to passe , it should not be envied , providing that kindnesse remain among them , though they should grow greater then they ; and howbeit they answered not our expectation in kindnesse ( except it were joyned with extremitie of wickednesse , and perhaps not then neither ) ought we to repent , or repine ? it being much more tolerable then to bee overmatched by an enemy , as it often falleth out , and can hardly choose but fall out , when a house standeth alone by it selfe , having no honest member thereof to underprop and uphold it . Besides , while men thus seeke to make their friends altogether servile to them , their friends perceiving it ( as it can hardly but bee perceived , what ever cunning bee used to cover it ) are the lother to serve ; as mens nature is , in whom love-service ( questionlesse ) is the best : yea , onely fruitfull service . And therefore they will either repine the more , or withdraw themselves altogether , if they bee of any spirit ; and if they bee not , their service is not worth having . So that men lose even their service ( which they so effect ) and sometimes turn it by unkindnesse , into unkindlinesse and enmitie , which hath ever been found by experience : neither did ever any house flourish so well , or any man in any house , as when they concurred with one minde to a mutuall helpe one of another : and none ever prospered so well as hee , who used and shewed his care ( not to keepe backe his friends , or to neglect them ) but to advance them , and take their businesse to heart as his owne . This is a true patterne of kindnesse , and no lesse of true wisedome , howsoever men may subtillize as they please , which is seriously , and sincerely followed by our Earle Douglas , and deserveth both commendation and imitation . Neither will it bee found that this is it which did him hurt , but ( questionlesse ) made him strong , and not easie to bee medled with , and so difficult that they could get no other mean to overthrow him , but that which they used , unto which they were forced , and of which , constraint is the onely excuse , as we shall see where hee is slain . Therefore , to say his greatnesse was the cause of his wrack , is more subtle , then solid ; even as it may be said ( in some sort ) that a mans riches are the cause of his throat being cut by robbers , and that a mans vertues and good qualities are oft times the cause of his overthrow , which should not ( for all that ) bee eschewed . But shall there then bee no moderation ! ( will some say ) and is it not fit , that Subjects should keepe themselves within some certain bounds , that are not envious , or suspect to Princes ? Moderation is good both in Prince and Subject , and it were to bee wished that all would moderate their greatnesse , at least their appetite and desire of greatnesse : or if not that , yet so that they would limit the meanes of attaining it , and the end for which they desire it ; and that they would have that wise conference of Cyneas with Pyrrh●…s before their eyes , that they might lesse affect it , or lesse erre in affecting of it : But where the end is good , and the mean right and lawfull , who craves further moderation , and limitation , whether in Princes , or Subjects , of their Empire ( as Augustus ) or of their greatnesse ( as this Earle here and many others ) whatsoever shew it carry , and however Histories speake thereof , ( besides their moderation that duety and religion requires ) in so farre as touches Policy , will be found but Sophistry , and no good Policy , when it is well examined . In all this therefore wee can acknowledge no fault ; but on the contrary , kindenesse , effectuall freindship , and a due and provident wisedome in strengthening himselfe against his enemies , and underpropping his house most wisely , and most circumspectly . Where is then his fault ? ye will say , and what was the cause of his ruine ? for we finde he did ruine in the end . Truely we must not account of all that have fallen , that they have faulted , that is a great errour in our judgements , and too common , that by finding faults in others , we may be thought the wisest : yet it is not hard to finde his fault if wee will beleeve his enemies speeches set downe by our Historians ; for though his friends feare nothing , and see nothing but his greatnesse ( which is but a vain feare ) his enemies see further ( as enemies are quicker sighted ) in faults , or would seeme to espy further : in their speech yee shall finde these grosse and lewd faults . 1. An unsatiable cupidity ( and then they explain in what ) in avarice : 2. Then an impotent Tyranny , two great faults ( Tyranny and Avarice ) sufficient to bring downe , and such as oft brought down Kings let be Subjects . And that we may not think that there was but an idle disposition in him , and but a naturall inclination , which he bridled , and suffered not to debord , they tell us the effects of them . Of his 1. avarice ( and that unjust , as all avarice is , if it bee properly avarice ) He seased on Noblemens Patrimontes , hee himselfe by law , and without law : 2. Of his tyranny and oppression , He gave the Patrimony of mean men as a prey to his dependers ; and yet further , Them that withstood his pleasure , hee harried or caused make them away by theeves and briggands : he advanced new men to the highest honours , placing them in the roomes of ancient Families . If any man spake a free word , tasting of liberty it cost him no lesse then his life : These faults indeed are great ones , if they were true , and such as merited that their end should have been as it was : These are indeed errours both in policie and humanitie , in private men or in Princes , in small or great , in what ever person ; and they were worthy to be detested , and abhominated by all men , if they were true , for our Authours say not that they were true . I say again , if they were true expressely ; for they doe but report them as the voyce of his enemies , who did exaggerate things as enviously as they could ( as that amongst other speeches of theirs ) doth witnesse , where they say , That all the riches of the Countrey were heaped upon one Family : that there were so many great Earles and Barons of them , that they had so much power and potencie , that the King reigned but by their license , and courtesie as it were . As for the Authours owne judgement hereof , ( besides what he said before , that they were amplyfied in the most odious manner ) hee subjoynes these , and such like speeches as those , Many of them were true many besides the truth , and augmented above it , to procure hatred unto them . So he leaves the judgement uncertain , and tells not what things were true , and what false and augmented , which we ought to discerne and separate ( if it be possible ) to make a right judgement : for this is indeed the craft of Calumny , to mingle truth with falsehood , that something being knowne to be true , the rest may passe for such also . But Prudencie will sift , and separate them , and winnow them in a right judgement , both that which is true , from that which is false , and in every point laid against him so much as it hath of truth , from that falsehood is mingled with it for Calumniators are excellent in their mixtures , and compositions of truth and falshood , so that there is great attentivenesse required to distinguish betwixt them , yet if we will attend to them , it may be they be discerned . Let us then consider the particulars , and what particulars we find in any of those to be true , let us acknowledge it ; what is not so , let us reject as false , and reckon amongst those that are but amplified , and augmented for envie : After which rule we shall finde in effect the last three to be those which are most true . 1. The riches : 2. The number : 3. The puissance of the house and name of Douglas . And yet not simple true as they set them downe , for they amplifie them also to stirre envie , unlesse we interpret it favourably : for not all the riches of the Countrey , nor all the honour was in their hands , though there were more in theirs , then in any others at that time : yet there hath been more ( both riches and honours ) in the hands of some other before ; for the Cummines are accounted to have been greater , and that their power was beyond the Kings power : it was false , their power being but a dependant , and subordinate , and could not be supposed to have been so great , so united ( though they were of one name ) as was seen afterward . And however we find it was thought so of before in the first Earles time , yet he never used it to the Kings prejudice after that he was informed of his right , which was now out of question : but these carry no fault in them . The rest which carry fault in them , the first two ( avarice and tyranny ) are to be tried by the effects : the third ( taking to himselfe the Noblemens Patrimony ) by law and besides law : what he did by law take from them , was not theirs ; what besides law we heare of no instance given : There is a fact may seem so in the Earledome of Murray , which he tooke not to himselfe , but to his brother . Neither was that the Patrimony , but the Title and Dignity , of which we have spoken already , and it was but a small peece of matter . The fourth and fifth ( his killing and robbing by theeves , and his dependers invading of other mens Patrimonies ) are of the same quality , for we heare of no instance bearing any wrong , Neither of the sixth , and seventh , advancing of new men wrongfully , or killing of men for free speeches . And truely raising of new men , and mean men was the thing that he and all his house did ever dislike very much , and was the ground of their discord , with the Levingstons and with Creighton . And I hope no man will call his brother a new man. So that to be short , when we have sifted them all , we see nothing but falsehood , and calumnies , and aggravations to move envie , which makes it no truth : for a truth augmented or diminished , is no longer truth , though otherwise it were true in substance . Wherefore leaving these speeches as the speeches of his enemies , that is to say , for Calumnies ( as they are called , and as they are indeed ) wee will come to that which is of greater weight , and followes in the Authours owne name , Animus per se insolens , hee was of an insolent minde of himselfe saith one , which being the judgement of one of the most learned and judicious Writers , I will not contest , but leave it in the middle , and soberly crave to have it weighed , that wee may see whether there bee any necessitie to make us thinke so or not , for it is Historicall onely , which I must thinke hee hath found in fact as he hath had leisure , and perused his Histories , of which we are scarce ; to wit , that he grew by successe to that impotency of commanding his affections , that he had his eares closed from the free admonitions of his friends . Nothing is more pernicious , nor is there a more certain prognostick of ruine to follow , then when men are so puft up with the opinion of their owne wisedome , that they disdain and contemne to heare , and to weigh the judgement of others . Yet this that followes is an extreame high degree of it , that men might not dissemble their minds in silence , to hold their peace at those things which they could not approve , was not sure nor safe for them , which ought to be safe for all men , to say nothing , and keep their minds to themselves and God ; which no other man , no not a mans selfe can command altogether . He is obedient that obeyes in the rest : The minde is his that made it , and can search it , over which no man should usurp . The cause of all this ill followes ; the aboundance of flatterers , and giving eare to them : a naturall , but a pestiferous fault , naturall to all great men , and small in their owne kinde : men are given to delight in what they beleeve , and to beleeve easily most good of themselves , whom they love most of any , and for aboundance of flatterers , who wants them ? Diogenes said he had his owne Parasites , the mouse was if men failed ! yea , men never fail , and perhaps failed not him ; hee whom all the world flattered . King Alexander , did he not flatter Diogenes ? what was his speech to him but a flattery both of himself and Diogenes ? or else anerrour concerning them both , when he said , If I were not Alexander , I would be Diogenes . So common is it , so naturall is it , but notwithstanding , it is hurtfull , and to be avoyded , and the more carefully to be taken heed of , the more common and the more naturall it is : he hath the fairest of the play , that is most wary of it , and accounts it his greatest perfection , to know his imperfection ; and he is most accomplished that best knowes his defects , and wishes for helps , and knowes he hath need of them . Out of doubt these were enough to bring down more then one Earle of Douglas ; as for that which is further said of him . His old enemies were drawne to law to plead their cause before the same man , both judge and party , of whom many were spoyled of their goods , some of their lives ; some to eschew the in just judgement , tooke voluntary exile unto them ; and that which is said of their dependers , they overshot themselves , carelesse of all judgements ( because none could contend with them in judgement ) To all sort of licentiousnesse , robbing , and stealing holy things , profane things , and slaying them they could get their hands over : neither keeped they any bridle ( or measure ) in their wickednesse . Of all this concerning his dependers , being so generally and almost hyperbolically conceived : I could wish among so many , that there had been some instance set downe , that we might the better have knowne it , and discerned it . This ( I am sure ) cannot be without hyperbole : that they did commit some gratuit wickednesse ( that is , such as was for no good to them nor profit ) and without gain , pleasure or profit , having no cause in the world for them , but onely to keep their hands in ure of wickednesse , lest being disaccustomed from ill , some honest thought might come into their minde , that might tame them from their wickednesse and vilenesse . So strange a conclusion would have had cleare and plaine antecedents , and not a few of those . It is hard to beleeve this upon any mans word , chiefly such a one as lived not in those times , nor was an eyewitnesse ( as we say ) of things , who by such speeches would have us to conceive more then he could , or by any could be expressed in words . But what one man could only gather out of Histories , we might also have gathered by the same Historie , if he had named his Authors , or showne the way of his collecting of it from thence . But there being no footsteps of such enormities in the Histories which we have , that can lead us to this , I know not if we be bound so to reverence any mans person , as to receive it absolutely . That which followes , is of the same kinde , wherein the evils of those times are amplified , That it fell out well for Scotland that England had their owne civill warres in those dayes , otherwise Scotland had sunke under the burden . For first their civill warres from this time ( which was from 1444. untill 1448. ) were not great , and but secret grudgings onely . The commotion of Blue-beard was not untill 1449. and in Kent by John Cade in 1450. Then the forraine warres with England might have moved the discord at home , as they have done often , and men fit for warlike employment , and given to arms , should have had matter to exercise themselvs upon the common enemie , who in time of peace , for want of such employment as they are inclined to , are the cause of much evill at home . Last of all , we finde the contrarie by experience : for notwithstanding of these dissentions and disorders , yet they obtained a notable victorie of the English by the same Douglasses who are accounted so disorderly in time of peace , but have ever proved in the eyes of all men honourable , and dutifull in warre , their enemies not being able to detract from their manifest and evident worth . The occasion of this victorie fell out thus . Wee heard how after the burning of Anwicke by James Douglas , younger brother to the Earle , a Truce was taken for seven yeares : notwithstanding of which , in this yeare ( as would seeme ) or in the next at farthest , the English ( without any regard of the Truce ) made inroades upon Scotland , spoyled , forrowed , and burnt the Villages farre and wide where they went , which the Scots would not suffer to passe unrevenged . Wherefore to cry quit with them , they entred England , and returned unto them as much hurt as they had received ; and the storme fell chiefly upon Cumberland , from whence the beginning of the troubles had arisen , which was by this incursion almost redacted to a wildernesse . When newes hereof were brought to London , they gave order for levying of an Army of 40000. men ( as some write ) intending to bring Scotland under their subjection , which they thought would not be hard to doe , in respect the Countrey had beene so lately wasted and impoverished , as also for that they knew their divisions at home . Therefore having made a levie of the best and choice souldiers , the Earle of Northumberland is made Generall , and there was joyned with him a certaine man called Magnus ( onely a Gentleman borne ) who had given good proofe of his valour many times in France , where he had beene brought up , and trained in the warres from his youth . This man bearing great hatred to the Scots , and being too confident of his owne sufficiency , is said to have obtained of the King of England , for the reward of his service , whatever lands he could winne from them , for himselfe and his heires in perpetuall inheritance . He was remarkable by his long and red Beard , and was therefore called by the English Magnus Red-beard , and by the Scots , in derision , Magnus with the red Maine , as though his beard had beene an horse Maine , because of the length and thicknesse thereof . The Manuscript calleth him Magnus with the red hand , taking the word ( Maine ) for the French word , which signifieth an hand : but the attentive Reader may perceive the errour , and how it was a word meerely Scottish , and used by the Scots in derision . The King of Scots hearing of this preparation in England , caused also levie an Army , wherein he made the Earle of Ormond ( George , or rather Hugh Douglas ) Generall , who immediately went into Annandale , through which the English Army was to come . Both sides being thus prepared , the English having passed the Rivers of Solway and Annand , pitch their Camp upon the brinke of the water of Sarke . The Scots marched towards them , and they hearing of their approach , made themselves ready , so that being come within sight one of another , they ranged their men in order of battell . In the right wing of the English Army was this Magnus with the red Maine . ) In the left Sir John Pennington with the Welsh men . The middle battle was led by the Earle of Northumberland himselfe . On the Scots side was the Earle of Ormond in the middle battell over against Northumberland , and William Wallace of Craiggie opposed Magnus , and against Sir John Pennington was placed the Knight of Carlaverocke , called Maxwell , and Johnston of Johnston , with many inland Gentlemen , ( saith the Manuscript ) because they had no great confidence in their owne Annandale men , who were more set upon spoile then victorie . Ormond exhorted the Armie in few words , telling them , That they had great reason to hope for the victorie , because they had taken armes , being provoked thereto , and that it could not be , but that so just a cause should have a happy event . Onely behave your selves valiantly , abate the pride of the enemy with a notable defeat , and so you shall reape a long lasting fruit of a short travell . When the English Archers did annoy the Scots with their arrowes from afarre , William Wallace cried out with a loud voice , so as he was heard by his followers , Why should we stand still thus to be wounded afarre off ? Follow me ( sayes he ) and let us joyne in hand stroakes , where true valour is to be seene : and so marching forward , and the rest following his example , they made so fierce an onset , that they quite overthrew the right wing thereof . Magnus perceiving that , being more mindfull of his honour acquired in time past , then of the present danger , resolved either to restore the battell , or lose his life with credit , pressed forward against Craiggie Wallace to have encountred him , and ere he could come at him , he was encompassed about by the Scottishmen , and slaine : his death put the English in such a feare ( for they had great confidence in his valour and conduct ) that they without any further resistance turned their backs , and sled in great disorder . The Scots pursued so fiercely and eagerly , that there was more of the enemies slaine in the chase , than in the battell , chiefly upon the brinke of the River of Solway , where the tide being come in , the river was not passable , and such as adventured to take it were drowned . There were slaine in this battell 3000. English , and amongst those their great Magnus , and the Scots deadly enemie , who had presumed so of victory . A notable example to teach men not to be over confident in things of such uncertaine event , as are the warres ; and ( as our proverb is ) Not to sell the beares skin before he be slaine . There were slaine besides him eleven Knights of good account and note . Of the Scots were lost but 600. There were taken prisoners a great number , amongst whom were Sir John Pennington , and Sir Robert Harington , Knights , and the Lord Percie sonne to the Earle of Northumberland , whilest he helped his father to his horse , who thereby escaped taking . There was also so great store of spoile gotten , as no man remembred so much to have beene gotten at any battell before . For the English trusting to their number , and the strength of their Armie , together with the opinion of their enemies weaknesse , through dissention and variance ( as they supposed ) had brought with them their best furniture , and richest stuffe , in full assurance of victorie , Wallace of Craiggie being sore wounded in the fight , was carried home , and died within three moneths after . The Earle of Ormond having gotten this honourable victorie , conveyed the chiefest of the prisoners to Lochmabane , and then repaired to Court , where he was joyfully met , and received of all , with all sort of honour that could be , envie it selfe not daring to open her mouth against him . The King did highly commend him for this exploit , and exhorted him and the Earle Douglas his brother , That as their foregoers had often , as they also had done , defended the Estate of Scotland with their labours , and vertue , in most perillous times , and had given large proofe of their valour and courage : That so they would at home accustome themselves to modestie : That they themselves would abstain , and that they would containe their friends from injuries toward the weaker sort : Their power and puissance , which they had acquired by so many their great deserts , towards their Kings , his Predecessours , and the Countrey , that they would employ it rather in suppressing of robbers and disorderly men , then to make new of giving way to it by connivence . That this only was lacking to their full praise , which if they would adde , they should finde by experience there was nothing more deare unto him then the advancement of the House and Name of Douglas . To this the Earle Douglas replied ( he being the elder brother , and finding that this speech was chiefly directed to him ) with great submission , and promised to doe as his Majestie had exhorted them : and so they were dismissed , and returned home to their owne houses with great honour and applause both of Prince and people , to whom they had by this victorie purchased great quietnesse . For neither were the English Borderers able to invade them any more , nor the King of England to send downe a new Army ( which faine he would have done ) by reason of the civill warre which ensued shortly after at home . So that he chose rather to have peace with Scotland , in regard of the case he was then in , then warre . Wherefore he sent Ambassadours , and obtained a Truce for three yeares , the Scots thinking it no lesse expedient for them in a case not unlike to his , through intestine dissention , though not open insurrection against the King. For notwithstanding all this service done to the King and Countrey , the malice of such as were the enemies of the Douglasses was no whit abated , nay , their worth the more it was showne , and the more brightly that it did shine , it did so much the more stirre envie in their ill-willers , whose secret practises still continued , and whose credit in Court seemed still to increase against them . Creighton , who before had beene sent Ambassadour to Charles the seventh of France , for procuring a wife to the King , had concluded a match for him with Mary daughter to Arnold Duke of Gelders , who by her mother ( the Duke of Burgundies sister ) was come of the Bloud Royall of France , was now returned into Scotland with her in this yeare 1448. This service and her favour increased his credit greatly with the King ; which the Earle Douglas perceiving , was nothing pleased with it , but being discontented , obtaining leave of the King , he withdrew himselfe from Court , seeing his errour of having beene contented that Creighton should be imployed in that honourable message , thinking himselfe well rid of him by this his absence ; which practice of Court succeedeth sometimes happily ( as it did against the Boyds in King James the thirds time , in the very like case ) yet it did not so now , but turned to the greater advantage and advancement of his enemie . Creighton was well contented with his retiring , esteeming it his gaine to be so rid of him from the Kings eare and presence . Whilest they concorded thus in their discord , both willing one thing in so contrary mindes ( to wit , the Earle Douglas absence ) there fell out an accident that occasioned his longer absence , not from the Court onely , but out of the Countrey also . Richard Colville of Ochiltree was an enemy and bare deadly feud to John Auchenlech of Auchenlech , a friend and depender of the Earle Douglas ; whom the Earle having sent for to come to him to Douglas Castle for such businesse as he had to do with him , the said Richard having notice of the said Auchenlechs journey , notwithstanding he knew he went toward the Earle , whether stirred up by the Earles enemies at Court , so to put an affront upon him , or leaning to their credit for impunitie , or out of impatience , or presumption , or contempt of the Earle in respect of his withdrawing from Court , not regarding him , or fearing his displeasure or anger , he lay in wait for him by the way , and set upon him with a number of armed men , where , after some small conflict , Auchinlech was slaine , and divers of his friends and servants with him . The Earle Douglas having notice hereof , the fact touching him so neerely in the person of his friend and follower , in his service , comming toward him , and sent for by him , he was so incensed therewith , that whether distrusting the ordinary course of justice ( as wherein he might be eluded by his enemies then guiders of Court ) or impatient of delay , or not accounting it so honourable for him , nor so awefull in example to others , concluding immediately to revenge it , and vowing solemnly he should be avenged before he either eat or dranke , he tooke horse immediately , and with the readiest of his friends rode to the Castle of Ochiltree , forced it , and slew the said Richard Colvill , and all the males within the Castle that were come to the age of men . This opened the mouths of men diversly , according to their diverse humours , some condemning his cruelty , some commending his courage , some saying that he had gone too farre , and done too much ; others that he could doe no lesse , that he had just cause , and that he had been ill used , his friend slain , his honour interessed , that such kinde of justice best became him ; his enemies at Court tooke hold of it , aggravating it to the King , an insolent fact against law and custome , and however Colvill had deserved it ( which they could not deny ) yet it was a perillous example , prejudiciall to all order , and to the King , to whom the punishing of such things belonged ; So that the King became highly offended therewith . Hereupon the Earle Douglas , partly to give place to his Princes anger , partly upon some remorse ( as all bloud hath ever some touch and sting of Conscience with it : ) the next yeare beeing the yeare of Jubilee , hee purchased a license from the King to goe to Rome , pretending he would doe pennance for the said slaughter , ( but as his enemies did interpret it ) to shew his greatnesse to forraigne Princes and Nations . Before hee tooke his journey , having a care of his house , and being out of hope to have children of his owne ( as having been seaven or eight yeare married without children ) he procured his second brother James to be received by the King , and confirmed in the Earledome after himselfe . There went with him in company a great number of Noblemen and Gentlemen , such as the Lord Hamiltoun , Gray , Salton , Seaton , Oliphant and Forbesse ; also Calder , Urwhart , Cambell , Fraiser , Lawders of Crumartie , Philorth and Basse , Knights , with many other Gentlemen of great account . Hee ( went first to Flanders , and from thence by land to Paris , where he was honourably received by the King of France , whom some call Lewis the eleaventh , but it must needs be Charles the seaventh , who lived till the yeare 1460. some tenne yeares after this Jubilee , which behoved to bee in the yeare 1450. The remembrance of the good service done by his Uncle at Bauge , and his Grandfather at divers times , and at last , for spending his life for him at Vernoile , was not yet worne out of Charles his memory , in regard whereof , and for the place he carried , and the publick League between the Countreyes , he omitted no kind of honour undone to him that was fit for his qualitie and ranke : from thence he tooke his journey towards Rome , which was filled with the expectation of his coming . He had taken from Paris with him his youngest brother George , a young man who was there at Schooles , and of whom there was great expectation ; but he died by the way , to his great griefe , he is said by the manuscript , to have been nominated Bishop of Dunkell , and that he was to be inaugurated at Rome ; Buchannan also saith it , perhaps following the manuscript : but they both forget that his eldest brother Henry is said by the same manuscript , in the life of their father , to have beene Bishop of Dunkell : and this George died before he was fifteene yeares of age . I take it also to be an oversight in this same Buchannan , that hee saith that this George was destinated to be Earle by the Kings permission , after his brother , who had no children . For it is against reason that hee being youngest of many brethren ( worthy men ) should have been preferred before them , while he was but yet a childe at school . While the Earle was thus in his pilgrimage , his enemies slept not at home , but taking the opportunitie of his absence , did both blame him at the Kings hand by all invention they could devise , and stirred up such of the common people as had received any wrong of any man , to complaine to the King , alledging they had received it by the Earle Douglas friends or servants , and by such wayes moved the King to cause seeke Siminton , then Bailiffe to the Earle in Douglas dale , and to cite and summon him to answer to such crimes as were laid to the Earles charge , for the actions ( perhaps ) of his dependers and clients , or ( at least ) for such things as his Lord had neither commanded , neither ( happely ) heard of . Siminton looking for no equitie at their hands , who moved such a citation , choosed not to come into judgement , suffering things to passe rather for non-compeirance , than to compeire , not knowing the state of things , nor how to answer , having neither knowledge of them by himselfe , nor direction , nor information from his Lord. Upon this occasion his enemies laid hold , interpreted this his non-compeirance in the most odious sort , and called it contumacie , and what grievous name they could devise . So they moved the King to send his servants and apprehend him , and would gladly have proceeded with all extremity against him , exclaiming against his presumptuous contempt of the King , and telling the King , that his royall authoritie was become a mockerie , and despised by every base fellow : That by his lenitie he did but foster the malapertnesse of the wicked sort : That by impunitie new doores were opened to new misdoers : with such other speeches , in the most vehement maner they could , to have dipped the King in bloud , and cut off all hope ( as farre as in them lay ) of reconcilement betwixt them . But he , not being so farre alienated as yet from Douglas , howbeit the complaints of so many had stirred up some dislike , and taken impression in his minde , was not moved with their speeches in that high nature , but persisted in his opinion to recompence the Complainers in their losses of goods by goods , but not to meddle with any mans bloud : wherefore he caused Siminton to be set at libertie , and commanded him onely to satisfie the Complainers . But hee who could neither answer without information , nor satisfie without direction , humbly besought his Majestie , that since he had not information , and could not answer , being but a servant , and unacquainted with businesse ; seeing also he was not Collector of his masters rents , but onely commander of his servants , it would please him to delay the matter till his Lord returned , ( whom he expected within few moneths ) who ( he doubted not ) both could and would answer to whatsoever complaint , and satisfie sufficiently at his Princes pleasure whatsoever dammage he should have beene found to doe to any man. This seemed most reasonable , that the Earle himselfe should be heard first , and not condemned unheard , and in his absence ; and there could bee no great prejudice in a short delay . Wherefore the King condescended to it , and yet not withstanding being importuned by the multitude of new complaints , he sent William Sinclair Earle of Orkney ( a near Cousin to the Earle Douglas ) being Chancellor for the time , to intromet with his goods and rents in Galloway and Douglas , to satisfie Complainers therewith : but it was to no purpose , for hee was eluded , and almost mocked by the tenants . He alledged , and reported to the King , that was done by the instigation of the Earle of Ormond , that he was so frustrate ; for the Earle Douglas had committed to him the mannaging of his estate in his absence , and he greatly disdained that Orkney , being so neare of bloud and alliance to them , should have undertaken that charge . The King irritated herewith , as a contempt of his authoritie , caused Heraulds to be directed ( or Pursevants ) to summon all of the name of Douglas , and their favourers , to compeire upon a certaine day , and the Earle himselfe within threescore dayes ; which being expired , and none compeiring , they were denounced Rebels . Then the King himselfe went with an Army into Galloway , where at his first entrie , having forced their Captaines to retire to their strengths , a small number of his hoast , whilest they followed the Rebels uncircumspectly through strait places , were beaten backe upon the King , not without some disgrace . The king moved with great indignation hereat , went and assaulted their chiefe fortes : And first he tooke the Castle of Lochmabane without great trouble or travell ; thereafter with great toile and wearying of his men , the Castle of Douglas , which he razed to the ground . He commanded the Farmers , Tenants , and Labourers of the ground , to pay their Meales to his Collectours , untill such time as the complainers were satisfied with their Lords goods . These things being reported ( thus as they were done ) to the Earle Douglas while hee was yet at Rome , moved him greatly , and greatly astonished them that were in his company ; so that many withdrew themselves , fearing what it might turne to ; and he , with the few that remained with him , made what haste they could homeward . As hee came through England , hee was honourably entertained by the King and Queene there : but when hee approached neere to the borbers of Scotland , hee stayed a little time , and sent his brother James before to trie the Kings minde toward him ; which when hee found to be placable , hee returned home , was kindely received , and lovingly admonished to put away from him disorderly persons , especially the men of Annandale , who had in his absence committed many outrages and cruelties . This when hee had faithfully promised to performe , hee was not onely received into his former place of favour , but was made also Lieutenant Generall of the whole Kingdome of Scotland . And this was the bitter fruit of his perillous Pilgrimage , that hereby hee loosed the reines to his enemies , and gave them power so farre to prevaile , as to embarke the King in open quarrell against him , even to the casting downe of his Houses , and intrometting with his Revenues . This notwithstanding was either his wisedome , or the account and respect of his place and person , that the King , who had done him such harme and disgrace , could bee contented so to forget it , receiving him so farre into favour , and advancing him , whatever blame or imputation may bee laid upon him for his journey , which was so rashly taken on , and which had so dangerous a sequell ; yet this retreate from that storme cannot but bee commended , and his dexteritie ( whatever it were ) acknowledged to have beene great , which guided him through such billowes and surges to so peaceable a Port and Haven . And it were to be wished that Writers had set downe by what means this was brought to passe , for the more perfect understanding of the History ; but we must beare with this amongst many more defects that are to be found in them . Now what ever wisedome ( though undescribed in the particular ) may appeare to bee in this ; as much unadvisednesse is evident in that which hee did immediately after , in his journey to England . For without acquainting the King , hee went to the Court of England , and had privie conference with that King and Queene , hee pretended that it was for restitution of some goods taken out of Scotland , and not restored by the Wardens of England : but this cause , the lighter it was , the greater suspition did it move in his owne King , who could not thinke it probable , that hee being of that place , of that courage , of that nature , would upon such an occasion onely , take such a journey : The true cause is thought to be , that he went to treat of certaine conditions for his assistance to be given to the King of England against his Nobilitie , with whom he was then in hard termes , the warres of the house of Yorke beginning to spring up , which increased afterward so mightily , and prevailed , to the ejecting him out of the Kingdome . This the Queene of England either foreseeing , or fearing some other such like enterprise against her husband had dealt with the Earle Douglas when he came home through England from Rome the yeare before , to strengthen them by his help , and appointed him to return for performance , and perfecting of all conditions of agreement . But we finde no effect of this agreement and conditions , whether because that conspiracie of the Duke of York was not yet come to maturitie , and so Douglas was not employed , being prevented by death ( which fell out shortly after this ) or because they were not fully agreed , is uncertaine . Neither is it specified what the conditions were : onely it is conjectured , that they were the same , or such like , as the same King ( Henry the sixth ) granted afterward to the Earle of Angus in the time of King James the third , which if they were , they were no wayes prejudiciall to the King of Scotland ( as shall appeare there ) yet being done without his knowledge , it gave occasion either to the naturall jealousie of Princes to think hardly of it , by his owne meere motion , or to his enemies , so to construct it to the King , and stirre him up by their speeches to that suspicion which he enclined to . Of both which he ought to have beene warie , and not to have given such ground to the one , or to the other , by such a journey undertaken without the Kings allowance . Whether at his returne he acquainted the King with what had past betwixt him and the Kings of England , it is not certaine , and our Writers seeme to say the contrary , yet in that hee brought letters from the Queene of England to the Queene of Scotland , and shee thereupon interceded for him , it is not improbable that he hath acquainted her ( and so the King also ) with the truth of the whole businesse : which whether the King did not beleeve , or if his jealousie remained not the lesse , and that hee was not willing there should bee such an accession and increase of the Earles greatnesse , who ( he thought ) was greater already then was safe for a King ; hee pardoned him the fault at the intercession of the Queene and some Nobles , but he tooke from him the Office of Lieutenant , and all other publicke charge , that so he might be made unusefull and unsteadable to the King of England , or at least not so able to aid him , and so he might be frustrate of the conditions so liberally promised unto him from thence . Hee restored also his old enemie Creighton to the Office of Chancellour , and the Earle of Orkney was made Lieutenant . Thus not onely disappointed of his hopes , but disgraced at his Princes hands , both by being himselfe depressed , and his enemies advanced , he was incensed against all the Courtiers , taking all to proceed from their instigation . But more especially his anger was bent against Creighton , both as the ancient enemie of his House , and also as the chief Authour of all this present dis-favour by his surmisings , transported herewith , hee gave way to his passion to carry him to a course somewhat more then civill , which untill that time hee had tempered , retaining it with the bridle of equitie , and himselfe within the compasse of the lawes . Now whether altogether , and onely for these causes foresaid , or if irritated by a new occasion of malicious speeches uttered by Creighton ( That the Kingdome of Scotland would never be at rest so long as the house of Douglas was on foot : That in the ruine thereof stood the good of the Realme , and peace of all Estates : That it was necessary a man of so turbulent a nature , so puissant and powerfull by his Kindred and Alliance , whom no benefits could appease , nor honours satiate , should bee cut off , and the publicke peace established by his death , ) or if Creighton contrived this speech to make Douglas the more odious , and his owne quarrell seeme the juster against him ( for both are written ) so it is , that the Earle caused certaine of his friends and servants lie in wait for him as hee was riding from Edinburgh toward Creighton : but he escaped , being acquainted with the plot ( as some write ) well accompanied , and excellently well mounted , but not without being wounded himselfe , and having slaine some of his adversaries in his escape . Others , attribute his escaping not to any foresight or fore-knowledge , but sayeth that hee was assailed in the night at unawares , and being astonished at the first , yet afterward recollecting himselfe ( for he was a man of good courage ) hee slew the formost he met with , and having received some wounds , brake through them , and saved himselfe in Creighton Castle , where he remained not long ; but his wounds being scarce well cured , he conveened his friends , and coming on the sudden to Edinburgh , had almost surprised the Earle Douglas , who was there in quiet manner , and looked for no such thing , but he getting advertisement hereof , did advertise the King that he could no longer endure Creightons hidden malice and practises against his life , and estate , and his now open attempts also : wherefore hee desired to bee excused , th●…t hee could no more repair to Court , so long as Creighton was there , and so retired himselfe to his house to remain as a male-content for a season . In the meane time finding his enemies thus to increase in credit at Court , and with their credit ( as commonly it cometh to passe ) in number and power , hee , to strengthen himselfe also on the other side against them , entered into a new confederacy with the Earles of Crawford , and Rosse , men of greatest puissance and force next the Douglasses , that were in Scotland in their times ; or rather he renewed the old friendship that had been betwixt them . For their houses were in old time in great friendship with the houses of Douglas ( as hath beene shewed ) and the house of Crawford was particularly obliged unto them by divers good Offices , from the dayes of Robert the second : and in this same mans time had been helped against the Ogelbees at Arbroth : as his father also had at the Earle Douglas desire spoyled the Bishop of Saint Andrewes ( Kennedies ) lands : And besides , this Beatrix Douglas ( the Earle Douglas Lady ) was daughter to one of the Earles of Crawford , and could not but bee of kinne to this Earle . The summe of their band was , That they should every one assist and defend another , together with their friends and dependers , against all men : That they should have the same friends , and the same enemies , with reservation alwayes , and exception of their duety to their Prince . But whether this band was made of new ( as some write ) or if it were of old continued from hand to hand , and then renewed as though it were intended in speciall against Creighton and his partakers , and due exception of the King expressely contained in it , is uncertain : however , they so possessed the King , that hee interpreted all as done against himselfe . And therefore matters being come to publick Hostilitie betwixt Douglas and Creighton , and the Countrey divided into factions , when the Earle of Crawford and Rosse had sent to Creighton , and given up all friendship with him as an enemy to their dearest friend , by vertue of the foresaid League ; hee acquainted the King therewith , and with all vehemencie exaggerated the League , as a conspiracy against him and his royall Authority , and that it was very dangerous for him when such great houses , and powerfull men had combined together . The King apprehending it to bee so , having once settled that opinion in his minde , did upon that ground build all his interpretations of the Earle Douglas actions , and framed his owne actions accordingly against him ; Neither was Douglas so fortunate , or circumspect , as to avoid the occasions of fostering that opinion in the King : but ( as commonly happeneth ) when ruine is to come on men , all things worke that way , so fared it with him in two facts . The first was on the person of the Lord Harris , who was too hardly used of him , as appeares : The other on the Tutor of Bombee , more justly ; yet so , that his carriage in it seemed to confirme that which his enemies alledge against him , that he exercised his authority , and used his priviledges more absolutely then the King had reason to be contented with . The occasion of the first , and the forme thereof was , Sir William Harris of Terreglis having been the Earle Douglas ancient dependar , had now in this frowne of Court , and diversity of factions ( whether to please the Court , and because he accounted it jus●…lest to follow it , or because indeed he misliked things done by the borderers who followed Douglas ) withdrawn himselfe from his dependance ; and if he sided not openly with the other party ( which hee could nor durst hardly doe , lying so neare to Douglas ) yet did hee not follow him as hee was wont , and so either by a reall enmitie in private , or a kinde of neutrality in publick , had procured the like behaviour of the Earle to him , to behave himselfe as neutrall in his affaires : and as hee had abstracted his dependance and attendance from him , so the other abstracted his Protection from him . This when the Annandians perceived , they ( ready upon all such occasions ) made a rode , and furrowed his lands : hereof when he complained to the Earle , and had received answer according to the foresaid coldnes betwixt them , he would needs attempt some redresse by his own power ; and hereupon assembling a number of his friends , he rode into Annandale to have rendered them the like , and either to recover his owne , or repaire his losses out of their goods . But he was overthrowne by them , and taken prisoner , and so brought to the Earle Douglas , hee esteeming him as his owne servant , and taken within his bounds where his jurisdiction ( by regallity or otherwayes ) was extended , put him to assise . They of the Jury found him guilty , being taken after hee had seized the goods , ( with red hand as they term it ) and so being convict of theft , he was condemned , executed , and hanged as a thiefe , and that notwithstanding the Kings earnest request for his life by letter . A pitifull matter , and greatly to be lamented ! and though he had some colour of justice , yet it tasted not so much of justice as of malice ; no not of indifferency ( which would be injustice , having eye to the due circumstances ) so much as of partiality , joyned with contempt of the King , and his equall request ; and so it was constructed , and gave more just occasions to his enemies surmising , and the increasing of the Kings indignation , which by yeelding , and remitting a little of his priviledges , and showing respect to the Kings entreaty , he might have mitigated in some measure ; and that without any danger he could have incurred by the said Lord Harries enmitie ( although he should have been his enemy , and perhaps he might have regained him to his friendship by remitting the offence . ) The other fact which ensued upon this , not so unjust , but made as odious ( as carrying the odiousnesse of the other with it ) was , Macklalane Tutor of Bombee , the chiefe of that name , and one of the principall houses in Galloway , falling at odds with a servant of the Earle Douglas had slain him , and was ( therefore with his brother who was partaker of the slaughter ) apprehended and put in prison in the Trevie , a strong house belonging to the Earle . His friends made means to the Courtiers , and by them to the King ; informing him that Douglas carried a spleene against the man , more for being a friend , a favourer and follower of the best side ( so they called their owne ; then for killing of the man : wherefore they besought him that he would not suffer a Gentleman of his rank , who was also a good man otherwise ( however that had fallen out in his hands ) to bee drawne ( not to judgement , but ) to certain and destinate death , before one , who was both judge and party . By this and such like information ( whereby the eares of Princes are deceived , while men go about to withdraw their friends from due punishment ) they perswade the King to send for Bombee , and take the triall and judgement of him in his own hands , desiring the Earle Douglas , that if he had any thing against him , he should come and pursue him before the King. Amongst the furtherers of this sute Patrick Gray of Fowls ( uncle to the Tutor ) was chiefe : he was directed with the Commission , as one that both would be earnest therein , being so neare to the party , and would also bee respected , being some way in kinne to the Earle ; Douglas having notice of his Commission , and perceiving thereby they meant no other thing , but to defraud him of justice for killing of his servant ( which he thought he could not suffer with his honour ) that he might doe what hee had determined the more calmely , and with the lesse offence ( as hee thought ) he courteously received the said Patrick Gray , and intertained him with diverse purposes , and caused the Tutor in the meane time to be tried by an Assise , and being condemned , to bee quickly conveyed a mile from thence to a place called Carling-work , and there executed . Afterward when Patrick Gray ( ignorant of what was done ) had delivered his Commission from the King ; he answered , he was sory he was come too late , and then told him what was done , and desired him to excuse him to the King. When he heard that , and saw himselfe so deluded , he presently ( in a great chafe and rage ) renounced all kindred and friendship , and whatsoever band besides might seeme to tie him to the Earle ; vowing that from that time forth he should be his deadly enemy in all sort , and by all means he could , which the other little regarding , dismissed him : But however he little regarded it , the French Proverb proveth true , and is worthy to be regarded of all men , That there is no little enemy : for he had the power to be his death afterward with his owne hands , and plotted it by his Counsell , or set it forward , being plotted and devised by others : for being come to the King , and relating the issue and effect of his message , all was by him and the other Courtiers of the faction aggravated in the most haynous sort : That the Kings commandments were contemned , eluded and mocked : That it was likely that the Earle Douglas was King : That doubtlesse he aimed to be so , yea , hee behaved himselfe already as such : That that was the meaning of his private conference with the King of England , on that ground he gave licence to slay so many honest men , to spoil and robbe : That innocency now was contemned for brutishnesse , faithfulnesse to the King punished for unfaithfulnesse ; That by the Kings indulgencie the common enemy was become insolent : That it became him once to take upon him his place as King , and do things by authority , and by his power , that then it would appeare who were friends , who were foes . These , and such as these , were the speeches of the Courtiers and interpretations of his actions : such as it pleased them to make , following their humour of faction or judgement . But they neither considered the equitie that was done in punishing bloud by bloud , nor the authority by which it was done , for hee had authority and sufficient jurisdiction of old granted to him , and given by former Kings to his Predecessours and their Heires for his service . Neither did they observe what order and formality hee kept in his proceedings , nor his honour interested in the revenging his servants death : Neither what scorne to him it was on the other part , if he had sent the party : having thereby his priviledges , infringed , his servant slain , and no satisfaction for it , but to bee eluded by a Commission , purchased by his enemies , justice defrauded , and the guiltie pulled out of his hands : and by their credit with the King , procuring him to hinder justice , who should have beene the furtherer of it , onely upon their particular private motion , and by their factions , inclining of his Majesty that way . Upon these considerations , what had beene more extraordinarily done , would have beene excused by the same men , in another then Douglas . Now in him ( though done orderly ) it is thus traduced , aggravated , exaggerated , amplified , and named contempt of the King , and affecting the Crowne . Such is the misery , when Princes are moved by parties , to command or request things that are unjust , there being perill and inconvenients , either in obeying or refusing their requests , receiving hurt and prejudice in their rights , scorne of their adverse party , or denying to offend whom they would fain serve : and happy is that man that can steere aright betwixt these rocks ! Happy hee who falleth into the hands of such a Prince , as measureth and moderateth his commands according to equitie ; or if they bee inique , when it falleth out so ( for what Prince may not fall into such weaknesse ) who tempereth his passion , and moderateth his minde , in the just refusall thereof , taking it in good part , and accounteth not his authority contemned , when an unjust command is refused by his Subjects . Whether it were on the displeasure of this fact , or jealousie conceived of this and other actions of the Douglasses , it is hard to discerne : but so it was , that his enemies making use for their owne ends of the Kings credulous suspition , prevailed so farre , that they perswaded the King to resolve to make him away ( and seeing it could not bee done by open force ) in any sort it could bee done ; whereof when they had advised of all the meanes they could , this they found to bee the most expedient way , that hee should bee sent for to Court , by faire promises , and being come , the King should enter into termes of quarrelling : And thereupon they that were appointed for the purpose , should dispatch him . So they caused a certain Courtier of their faction , but such an one as was free from all suspition of bearing enmity to the Earle , to addresse himselfe to a Gentleman , who was Douglasses friend , and to shew him how Creighton was retired to his owne house , and that in his absence it were fit the Earle should take that good occasion , to come and see the King , with whom hee might bee assured to finde favour , if hee would crave it humbly : and this hee told as a great secret , not to bee revealed , but to his Lord , and dealt earnestly with him to follow this advice . The Gentleman beleeving , went and dealt very earnestly with his Lord , but hee suspecting Creightons craft , and having the murther of his Cousins before his eyes , flatly refused to goe thither , where he had so many enemies , so potent and of so great credit , and some of which ( had not long agoe ) lien in wait for his life , unlesse hee saw assurance of his life and liberty . Hereupon he was directly sent for to come to Court , with promise of all freedome , and with assurance under the broad Seal : and to remove all feare & doubt that he could conceive , the Noblemen that were present at Court were moved to send a warrant to him , subscribed with all their hands , and sealed with all their seals , with the greatest oathes and protestations interposed therein that could be ; and not onely so , but every man wrote his owne particular letter apart , assuring him of the Kings good will ; and further promising him , that if it should so fall out , that the King would be so disposed as to breake his faith and promise , and to interprise any thing against his person , life , lands or liberty , they should send him home safe neverthelesse : What could hee seeke more at their hands ? Or what could hee devise more ? And who would have doubted after such assurances ? Yet , that hee might not onely repose upon his enemies credit all his safety , hee accompanieth himselfe for his honour and suretie with as many as might secure him , and keepe him free from being in danger of any private mans forces . So relying ( for the Kings part ) upon his safe Conduct , and the Nobilities credit interposed therewith , hee cometh to Stirling , where the King was well attended and followed by his friends and servants , but in a peaceable manner ; being come into the Kings presence , after some sort of admonition to lead a more peaceable and orderly life , hee seemed to pardon him what ever was past , and kindely invited him to supper in the Castle : After they had supped cheerfully and merrily together , the King taketh him aside , and leadeth him into an inner roome , where there was none present besides them two and Patrick Gray , of whom wee spake before , how of his friend and Cousin hee was become his enemy , for the execution of the Tutour of Bombee . There the King beginning his speech from the valour and loyall fidelity of his Predecessours , came shortly to his owne indulgencie towards the whole Familie , and towards himselfe in particular . Then sharpely upbraiding him how oft hee had pardoned him , and what insolencies hee had committed : Douglas answered submissively , and craved pardon for what hee had offended against himself in any sort ; saying , his intention was not against him , but against his enemies : That as for others that would complaine , hee was ready to satisfie them according to justice , and at the Kings owne pleasure : There rests yet one thing ( saith the King ) the League betwixt you , and the Earle of Crawford and Rosse , I will have you presently to quite it . At that word the Earle was somewhat astonished at the first , yet gathering his spirits again , hee answered , that for him , hee knew nothing wherein that League could bee offensive to his Majesty , seeing that all duetie to him was especially reserved . The King replyed , I will have you presently to breake the same . Douglas answered , that if hee would have him to doe so , hee would bee pleased to give him leave to advertise the said Noblemen , and then hee would doe it , otherwise , hee would bee accounted a faith breaker , if having entered into friendship with them , hee should forsake them , not giving a reason why : And therefore besought him to have patience . The King replied in an angry manner , speaking aloud ; If you will not breake it , I will : And with those words , hee stabbed him in the breast with a dagger . At the same instant Patrick Gray struck him on the head with a Pole-axe . The rest that were attending at the doore , hearing the noise , entered , and fell also upon him ; and , to shew their affection to the King , gave him every man his blow after hee was dead . Thus died he by the hand of the King , but by the practices of his enemies , they being the choise movers , and the king yeelding to their motions , as if it had been his quarrell , ( for so they made it seeme to him ) whereas indeed it was but their owne particular ; or if his , it was but thus farre his , that he tooke it on him as his , espoused theirs as his owne , and imbarked himselfe therein . A common practice of Courtiers , who have Princes eares ; what ever is contrary to their will , is all against the King , is all presumption , is all high treason ; whereas indeed they are oft times themselves his greatest enemies , what ever shew of service and affection they make ; and they whom they call his enemies farre more heartily affected to him . They make the King alwayes wed their quarrells , beare their errours , and the whole hatred and envie of their enemies ; and oft times drawes him into great absurdities , besides and contrary his owne naturall disposition , to his great disgrace , or diminishing his grace , in the eyes of his Subjects , not without great perill of his life and estate . Happy the Prince that can rightly take up , and rightly discerne the quarrells which are indeed his owne , from those which others would have him thinke to bee his owne , and so understandeth the disposition of his Subjects , that hee account not all that is against his Courtiers , is against him , or all that is done by his Courtiers , is done for him . These Courtiers had gained this point of the King , and by that mean had brought him to doe that hard fact against this man as his owne enemy , as one aspiring to his Crowne ; where indeed never any such thing appeared to have been intended by him , or aimed at , but onely revenge against his private enemies . And for the other crimes that his enemies alledged against him ; small presumptions , cold conjectures , and no appearance there was of them . But above all this , the greatest pitie is , that they had power to bring such a King to commit such a fact , contrary to his faith and promise , solemnely sworne and sealed by himselfe , and by his nobility , to breake the bonds of all humane society . It is worthy the considering , to see their pretences and arguments set downe by Writers , which they used to move and induce him to consent and yeeld to this strange , and unnaturall fact . A Paradox in truth , though a Maxime in Matchivellisme : one of them is , Necessitie ; for they make him beleeve , first that the Earle Douglas did aspire ; then , that hee was so powerfull , that there was no other remedy for his aspiring ; all they bring , is but weake presumptions : and for his strength and power , hee was strong enough indeed to defend himselfe against his enemies , or an unjust force and violence ; but it had beene another matter unjustly to have invaded the Kingdome , for which hee was not so strong , as justice and a just title to a Crowne , which are of great force : and against which , that force , which otherwise and in another case may bee great , will prove nothing , for God hath given his image of authority with it , which so affects the hearts of men that they cannot but regard it , and this image being imprinted in their hearts is not easily abolished but by very enormous faults , and even scarce by any faults though never so extraordinary . So that it was errour in them to thinke , or craftinesse to perswade that there was no remedy in a just authority to defend it selfe by it selfe , and without forgoing it selfe and becoming injustice , and that in such a hatefull manner . Whereas by the contrary , this their way was not so safe and so certain a mean to defend himselfe , but had almost been the meane to deprive him of what hee would have had men thinke hee preserved by it ; that is , his Crowne , for the fact being so vile and base , it not onely moved the friends and followers of the Earle Douglas his house to rebellion , but also incensed the whole common people : for that if his brother who succeeded , had beene as politicke as hee was powerfull , the King might have beene set beside his Throne . And as it was , he was once in a great brangling , and had resolved to quit the Countrey , had it not beene for James Kennedies counsell , who was Bishop of S. Andrewes ; so farre was this fact from establishing his Throne , as they made him beleeve it would doe . Then for the honesty and lawfulnesse of it , it is to be diligently weighed : It is lawfull ( say they ) to catch fraud in the owne craftinesse . And indeed that saying is most true , good and conforme to all wisedome , being rightly understood , thus : Let fraud worke on fraudfully , untill hee be intangled and intrapped in his owne fraud , and so become guiltie and obnoxious to a lawfull and orderly avengement by justice : but that men to meet fraud , may justly use fraud , and that against all promises , seales , subscriptions , or oathes , to the extremitie of murthering , changing justice into injustice , in the very seat of justice , is not , nor ever was , nor ever can bee justified under any pretext whatsoever ; as being that which breaketh the bands of humane society . It is an unworthy Kingdome , which cannot otherwise defend it selfe , and it is unworthy of a King to stoupe to such unworthy and base wayes : It hath also beene by some pretended elsewhere to cover the foulnesse hereof , that hereby much bloudshed is eschewed , which would have beene , before such a man could have beene cut off , which I marvell is not alledged here also . But that is frivoulous amongst the rest , for it is the cause of much more bloud shedding , because it takes away all trust , and so peace , untill the warres end by the destruction of one party , which without trust cannot end by reconcilement , besides this , they insinuated it unto the King , as a point of want of courage in him , and cowardise , if hee durst not so much as deceive his enemy ; whereby they would meane , that it was courage to deceive him : An unhappy dareing to dare to doe wrong , and very far mistaken , and misnamed ! And last of all , they halfe menace to abandon him , and provide for themselves and their own safety , by taking part with Douglas as the stronger partie ; whom if the King did not make away , they would follow him , and that there was no other remedy left to them . Such boldnesse were they come to , thus to threaten their master , and Soveraign ! And such is the weaknesse of that place , where it submitteth it selfe to servants ! By these meanes was this good King ( farre contrary to his owne nature ) drawne on by them who had his eare to this unnaturall fact , as to that which was most lawfull and flat necessary , yet was neither this pretended necessitie , nor alledged lawfulnesse sufficient to defend it even in the judgement of the doers themselves . And therefore the Courtiers found out another mean to put some faire face , at least some colourable excuse upon it as they thought , for being ashamed of those allegiances , or distrusting that they would bee accepted for just causes of breach of faith , and fearing they should be detested of all men : they gave it out that the slaughter was not committed of set purpose , but that it fell out onely by chance , and that the King had no intention to kill him , till he himselfe by his indiscretion procured it , having irritated the King by his presumptuous answers . But this is a weake excuse , to commit murther contrary to promise , although hee had answered so : but there is no appearance of it , that it was but a sudden passion , neither was it beleeved in those dayes , as may be seen by the perswasions given him by the Courtiers : which while Writers set downe , they witnesse it was a set draught and fore plotted . For they say plainly also that the Courtiers would have had it appearing that it came by his arrogancy in his carriage and answers , but not that it was so indeed : besides there is a received tradition , that James Hamiltoun of Cadzow pressing in to follow the Douglas , Liviston being Uncle to James , and knowing the Earle was to die , gave him a blow on the face , and thrust him backe from the gate . James Hamiltoun drew his sword , which the other little regarding , held him off with a long halbert , and made the guard shut the gate against him , was exceeding angry at this affront in the time , but after when hee heard the Earle was killed , hee knew it was done for his safety . Hee had given too much matter for his enemies to worke on by his rash journey into England , and private conference with the King and Queene there : but this had beene forgiven him , as an oversight onely , which the King had ( apparently ) tried , and found to bee nothing else ; hee had beene vehement in the revenge of the murther of his Cousins and servant John Auchinleck , but that ( though vehement ) was not injust , and therefore wee finde him never charged with it as injustice : hee had against equitie executed the Lord Harries , yet hee had done it legally and by forme , and order of Law , whereof the particulars not being perfectly knowne , the judgement is difficult , yet is it not ( for any thing wee see ) any way to bee excused . The execution of the Tutor of Bombee was very good justice and irreproveable , though it bred him most hatred and ill will at Court. Other particulars are not mentioned . Onely they say that hee bore with theeves to have their assistance : An ill and unwise course , and ever pernicious to the users of it , for harming of such as they hate ! A farre worse , and unworthy fact , unfit for a generous minde to companion it selfe with them whom hee should punish , and to participate of the guiltinesse hee should correct ! But how farre he went in this point is not certain , at least is not specially set downe : and as for the speeches of his enemies reproching them unto him in the hatefullest sort , all must not bee taken for truth they say . All agree that he was a man of great power , great policy , great performance and execution , and greater expectation , in whom the name of Douglas rose to the greatest toppe of height , and with whom it began to fall , which was afterward accomplished in his successour , as shall bee said ; he was slain the 13. of February 1452. esteemed to have beene Fastings-Eve , ( or Shrove-Tuesday . ) after the Romane supputation , or in the yeare 1451. as Major reckoneth it according to the account of Scotland . He was Earle the space of nine yeares or thereabout , but left no children behinde him . Where he was buried , or what was done with his body , there is no mention made in History . Me laetho ante diem Chrightonus Rexque dedere , Ille necis causam praebuit esse manum . By Crighton and my King too soon I die , He gave the blow , Crighton the plot did lay . Of James the ninth and last Earle of Douglas , the eighteenth Lord , sixth Duke of Turraine , and fourth James , who died in Lindores . WIlliam being thus slain by the instigation of these Courtiers , his enemies , to the end that the King as they would have it thought might be established in his Crowne , by the making away of him whom they made the King to thinke so great an enemy to him ? It was so farre from producing that effect , that by the contrary there was nothing nearer , then that it should have been the very occasion of spoyling him thereof ; for the Earle Douglasses friends , who before tooke Creighton , and his faction onely for their enemies : Now they take the King for their enemy . They , who before thought not that what they had suffered proceeded from the King , or that it was his doing : now they impute them to him . They who before were onely male-contents , and within the bounds of obedience , and had a good opinion of the King : now they become enemies with an ill opinion of him as a wicked man. They who before contained themselves in civill termes , now become open rebellious : and whereas they had good hope , and looked for reconcilement , now cast off all hope thereof , and ( matters becoming irreconcileable ) all love and regard , all reverence , their hearts being laden with the injury , with the dishonesty , with the horrour of it , they burst forth into all outragious words , and deeds : things coming to that point , that they could not bee ended , but by the destruction of one of the parties . Either they behoved to ruine the King , or behoved to be ruined by him . And here the hardest lot at the first was the Kings ( by all appearance ) the power of the other party being so great , their minds so inflamed , their anger so incensed against him : neither the party onely , but the people in generall detested the fact and the horriblenesse of it , in such sort , that hee was put by all his shifts , and driven to such a point of despaire , as to thinke of leaving the countrey , and going by sea to France . For though the Earle himselfe was dead , yet had he left behinde him in the towne of Stirlin foure brethren , that were come thither to accompany him . The eldest of these , James , was provided to the estate three yeares before by the Kings consent ( upon the occasion of Earle Williams going to Rome in the yeare of Jubile ) to succeed to his brother after his decease . He therefore , with the rest of the Nobility who favoured them and their cause , having heard the report of Earle Williams being stabbed in that manner , being astonished with these sudden and unexpected newes , first ranne and tooke armes with great haste and tumult , but having contained themselves , and commanding their companies to be quiet , every man keeping within his owne lodging for that night , upon the morrow they assembled together in counsell , and according to the defuncts ordinance , and the Kings consent obtained thereto before , they acknowledged James lawfull heire and successour to his brother William . Then he with many vehement and bitter words , inveighing against the treasonable perjurie of the King and Courtiers , exhorts them who were present to lay siege to the Castle . Send ( sayes he ) for your friends and followers from all quarters , and let us withdraw out of their lurking holes those men who are onely valiant in perfidiousnesse , while as yet they waver , being uncertaine in their resolutions , and tremble with the guiltinesse of so horrible a fact . They who were present praised his pietie towards his dead brother , and also his courage ; but because they were come in a peaceable manner , and unprovided of things necessary for so great a worke , they abstained from the siege ; which if they had ( as the Earle gave advice ) resolved upon , and fallen to presently , while the odiousnesse ef the fact was yet greene and fresh before the eyes of men , the King and his partners being unprovided and unforeseene in any certaine course of their affaires , as neither able to consult , nor to meet for consultation , the Castle being inclosed , which being also ( as it is to be supposed ) not well victualled for a siege , the King could hardly have escaped their hands . Neither was the matter so difficult for them , to have remained , and sent for the rest of their friends , and any provision which they needed ; who might have come to them within five weekes , as they did themselves returne in that time , having given the King so much leasure to advise and prepare for them . Neither could the King ( for all that he had that space and time ) finde any meanes sufficient to match them . For having upon this their deliberation resolved upon the worst part , and departed to their houses , and taken full advice concerning all things , they returned the five and twentieth day of March , where all the way as they came along to Stirling , James Hammiltoun dragged the Kings safe conduct ( which had beene given to Earle William , having the broade Seale hanging thereat ) at the taile of an ill-favoured spittle sade , or mare , through the streets of all the towns and villages in their way , abstaining from no contumelious words , that they could devise against the King , his Counsellers and Courtiers . Being come to Stirlin , they went to the market Crosse , and there sounding with five hundred hornes and trumpets , they caused a Herauld to proclaim the King , and such as had been plotters and authours of E. Williams death , perjured traitors to God and man , and that they were to be abhorred , and detested by all men as such . Others write that they went to the Castle gate , and made that Proclamation in the Kings hearing , whiles he was looking on them , and that it was done the next day after the slaughter . Thereafter they pillaged the towne , and being angry even with the innocent and harmelesse place , they sent backe James Hamiltoun of Cadzow , and burnt it . Where this is to be considered , what could be the cause why these men ( who before were upon advisement to have besieged the Castle of Stirlin , and did not doe it then , onely because they were unprovided ) why these men ( I say ) now being come again and provided , abstained notwithstanding from besieging of it , having nothing to let them ; and which if they had obtained , they had withall obtained full victory , being masters of the field , the King inclosed and secluded from his favourers and partners , no others ( in likelihood ) could have made head against them ; for neither could any have taken that upon them , neither would the people ( as was thought ) have followed them , at least not so freely ; whether it was because they had no hope to force it ( being a strong place ) neither to famish it in haste ( being well provided of victualls ) or if they chose rather to deprive him of his partners abroad in the Countrey by forcing them to forsake him first , and then it would be easie to take the King who had nothing but the Castle walls to trust to ; or what ever else were the occasion thereof , our Histories ( very defective in this so speciall a point ) tell not ; But so it was , that they leaving the principall point unprosecute ( the King himself wherein would have consisted the whole summe of a full victory , and to which they should chiefly have directed their courses ) contented onely to have blazed his reproches , turned towards his friends , pilling and spoiling such as remained on his side , and even by this the King was so put to it , that he had determined to leave the Country and to fly into France , had not Archbishop Kennedie advised him to stay , and hope for better fortune , shewing him , that if he could keepe his person safe , and have patience to protract , and linger out the time a while , his adversaries faction would dissolve ere long , and fall asunder of it selfe . Amongst those who tooke part with the King , there were diverse of the name of Douglas , and that of the principalls , as Angus , brother to Archbishop Kennedie , by the mother , who was daughter to Robert the third , and sister to James the first , by whom therefore they were Cosins germain to the King , who was partly perswaded by his brother to take that course as fittest for him against the Earle Douglas , partly also accounted it right to follow him as his King , partly for kindred . There was also John ( or rather James ) Lord Dalkeith , who had married the Kings sister ( as Hollinshed writeth in the life of Mackebeth ) as also the manuscript in this same place , and the contract with the Earle of Morton yet beareth : Also the manuscript in the life of Grosse James ( this E. James father ) saith , the Lord Dalkeith , ( or Henry his sonne rather ) married the said Grosse James eldest daughter ; this James sister called Margaret : whether therefore having married the Kings sister , and so fracke on that side , or having married E. James sister , and being of the name , The Earle Douglas was so much the more incensed against him , that he should without regard of this tie have joyned with his enemies , and therefore besieged the Castle of Dalkeith , binding himselfe by an oath not to deport from thence , untill he had gotten it taken in . But it was valiantly defended by Patrick Cockburne and Clarkington , in such sort , that after he was constrained by great travell , and trouble of his men with watching , and many wounds to lift his siege and depart . The King had in the mean time conveened a company of men to have releeved the besieged , but finding that his power was not sufficient for that purpose , he resolved to attend the coming of Alexander Gordon , Earle of Huntley , his brother in law ( or sister sonne ) whom he made Lieutenant , and who they said was come in with a great Army collected out of the furthest parts of the North. But as hee was marching through Angus ( the twenty eight of May ) he was encountred at Brichen , by the Earle of Crawford , who lay for him there to stoppe his passage . There was fought a great battell betwixt them in such sort , that Huntleyes middle ward was almost defeated , and well nigh routed , not being able to sustain the impression of Crawfords army , which was so strong , that they failed but a little to overthrow the Kings Standard , brought thither and displayed by Huntley , had it not been for the cowardly and treacherous flight of John Collesse of Bonnie-Moone , to whom the left wing was committed by Crawford : He in the hottest of the conflict ( offended with Crawford , because he had refused him that same morning the Barrony of Ferme , or a part thereof , which lay neare to his house ) fled on set purpose out of the battell , and so left the middle ward naked on the one side of the speciall force , which the said Earle had , which was called the battell of axes , or billmen . By their flight , the rest ( who were almost victours ) were so terrified , that they turned their backs , and left the victory to Huntley , farre beyond his owne expectation ; and yet , not without a great slaughter of his friends , servants and followers ; and especially those of his name , amongst whom were two of his brethren . This battell was fought on the Ascension day , in the yeare 1453. hee had before the battell that same day given lands to the principall men of those surnames that were with him , as Forbesses , Leslies , Vrwines , Ogilbies , Graunts , and diverse others , which made them fight with greater courage . Crawford also lost many of his men , together with his brother John Lindesay , so that the losse on both sides , was accounted almost equall . Huntley had the name of the victory , yet could not march forward to the King , as hee intended , and that partly because of his great losse of men , partly for that he was advertised , that Archbald Douglas Earle of Murray had invaded his lands , and burnt the Piele of Strabogie . Wherefore hee returned speedily to his owne Countrey , which gave Crawford leasure and occasion to poure out his wrath against them , who had so traiterously forsaken him , by burning and wasting their lands , and casting downe their Houses and Castles . Huntley being returned to the North , not onely recompensed the dammage done to him by the Earle Murray , but also compelled him out of his whole bounds of Murray : yet it was not done without conflict and mutuall harme : for Huntley coming to Elgin in Murray , found it divided , the one halfe standing for him , the other halfe ( and almost the other side of the street ) standing for the Earle Murray : wherefore he burnt that halfe which was for Murray ; and hereupon rose the Proverb , Halfe done as Eglin was burnt . While he is there , Murray assembled his power , which consisting most of footmen , he sate downe upon a hill some two or three miles off , called the Drum of Pluskardein , which was unaccessible to horsemen . Huntley forrowed his lands to draw him from the hill , or at least to bee revenged of him that way , thinking hee durst not come into the plain fields , and not thinking it safe to assault him in a place of such disadvantage . But Murray seeing Huntlies men so scattered , came out of his strength , and falling upon foure or five hundreth horsemen , drave them into a bogue called the bogue of Dunkintie , in the bounds of Pittendreigh ; full of quag-mires , so deep , that a speare may be thrust into them , and not finde the bottome . In this bogue many were drowned , the rest slaine , few or none escaping of that company . There are yet to be seene swords , steel-caps , and such other things which are found now and then by the Countrey people that live about it . They made this round ryme of it afterward , Where left thou thy men thou Gordon so gay ? In the Bogue of Dunkintie mowing the Hay . These victories in the North , together with the repulse ( at least the retreat ) of the Earle Douglas from the Castle of Dalkeith did so encourage the King , that he began to conceive better hopes of his affaires , and by the counsell of Archbishop Kennedie he called a Parliament at Edinburgh , and summoned the Earle Douglas and his partners to compeir thereat . But the Earle was so farre from obeying , that he caused plackards to be affixed upon the Church doores , and other publick places , sealed with his seale , containing in effect , that from thenceforth he would neither obey citation , nor other commandement of the Kings , nor in any sort commit his life to him , who having allured his Cousins to Edinburgh , and his brother to Stirlin , under safe conduct , had traiterously murthered them without any order of law , and contrarie to his oath . Hereupon he and his three brethren , Archbald , Hugh , and John , together with Beatrix , Relict of Earle William , were declared Rebels , and forfeited , and with them Alexander Earle of Crawford , and James Lord Hammiltoun ; and that the number of the Nobilitie might not seeme to be diminished by their forfeiture , there were divers new Lords created , and the goods and lands of the forfeited given to them . Thereafter an Armie was levied to pursue them , their lands were wasted , their goods driven away , their cornes destroyed , and then ( winter comming on ) because the Armie could not lie in the fields , they were dismissed , and appointed to meet againe in the spring . But the Earle Douglas seemed to make small account of all this , and that the grandour of his house ( which was growne to that great height by that great marriage ) might not be impaired , and that estate transferred to strangers , he takes to wife the foresaid Beatrix , and deales with the Pope for a dispensation , and confirmation of the marriage . But that sute was crost by the Kings Letters . I finde it in an ancient book written of the Douglasscs in meeter , that she her selfe alledged , that her first husband ( Earle William ) had never carnall copulation with her , and that she gave her oath thereupon : which giveth some colourable excuse to this fact , which otherwise is so enormous , and void of all appearance that he could have beene so shamelesse as to have gone about it without some such reason , or pretext , which therefore I would not omit to intimate , and I remember not that I have read it elsewhere . However it were , he kept her as his wife , and continued the warres that yeare , and the next two yeares , pillaging and wasting the Kings possessions ; and the King doing the like to him , especially in Annandale , Galloway , and the Forrest . Hereupon ensued a Famine , and upon the Famine a Pestilence ; Townes and Castles were destroyed on both sides , and no kinde of hostilitie pretermitted . The King notwithstanding caused trie indirectly whether the Earle could be perswaded to yeeld himselfe to him , and the wisest of his friends counselled him to doe it , alledging that his Predecessours had often done so ; chiefly seeing he had a King of a gentle nature , and who would be entreated by friends , not to extinguish so noble a Familie , and undoe so many Noblemen as joyned with him , or to redact them to that necessitie ; that they should be forced to take a course for themselves ; that it would be easier for him to get some good quarters now , while matters were as yet not past reconciliation , and while his friends were about him , then afterward , when he should be deserted , and left alone : then there would be no hope of pardon . To this he answered , That he would never commit himselfe to the credit of those whom neither shame nor honestie could binde , who regarded neither the law of God , nor man : but having allured his Cousins and Brother with faire promises , had so traiterously and cruelly slain them , that hee would rather suffer all extremity , then come into their power . This speech was approved or reproved according to every mans disposition , some praising his magnanimitle and courage , some disliking his obstinacie , & exhorting him not to lose this good occasion of making his peace , which ( if his friends wearie of troubles should abandon him ) he would repent afterwards . He persisted in his opinion , and what for detestation of the fact , what for feare to be used after the same manner himselfe , if he should come into the Kings power ( as it falls out , and must of necessity , where trust , which is the ground of all peace and reconciliation , is taken away ) not suffering any thought of peace to come into his minde , resolved himselfe to trie the fortune of warre . But the Earle Crawford being wearie of so long troubles , apprehending the iniquitie of the cause , and weighing with himselfe the common changeablenesse of all humane affaires , and knowing that pardon would be easily granted to him who should preoccupy the Kings favour , and uneasie and difficult to those that should continue in armes , being left by a part of his friends , and suspecting the fidelitie of the rest , as the King was journeying through Angus , he casts himselfe in his way with a habit most composed to move pitie , bare footed , and bare headed ; he plainly confessed his offences in times past , put himselfe absolutely in the Kings will , commemorating the good offices done by his Predecessours ; that he acknowledged that whatever had happened to him , had happened by his owne default ; whatever life or fortune he should have thereafter , he would owe it to the Kings clemencie . These and such like speeches moved the Noblemen that were present , especially the Gentlemen of Angus , who although they had always followed the King , yet were loath that so ancient and noble an house should perish : chiefly Archbishop Kennedie , howbeit he had received many injuries of Crawford ( or his father ) yet considering of what importance it was to the King to have his owne forces increased by this accession , and his enemies diminished and weakned by want of so great a man , dealt earnestly with the King to receive him into his wonted place of honour and favour . Neither was the King difficult to be entreated , but graciously pardoned him , and restored him to his former condition both of goods and honour , onely admonishing him to doe his dutie in time to come . It is reported that the King being defirous to performe his promise ( which was to raze the house of Phineavin , the chiefe Mannour of the Earle Crawfords ) and to make the highest stone the lowest , he went up to the top of the house , and ( according to this promise ) threw down a little stone , which was lying loose above the built worke , to the ground , which is to this day kept in an iron chaine for a Monument and memoriall of this action . Some also write that the King tooke from him the lands of Badenoch and Loquhabre , and gave them to Huntley for the lands which he had distributed at the field of Brighen , as also the second place in Parliament , and honour of bearing the Scepter . Crawford died within six moneths of a burning feavour at Phineavin , and was buried in the Gray Friers at Dundee , in the Sepulchre of his Progenitors . The Earle Douglas informed hereof , and seeing his forces decay daily , and the Kings daily growing greater , he thought he would goe trie what succour or support he could have out of England , and for that effect he sent James Hammiltoun of Cadyou to K. Henry to desire his help in this estate . King Henry considering , and thinking the occasion fit for him to encroach upon Scotland , perswading himselfe that the Earle Douglas his passion of revenge on the one part , and the necessitie of his estate on the other ( two powerfull perswaders to move men ) should drive him to accept his help on whatever termes , was content to aide him upon this condition , that he should become his subject , sweare himselfe English , and so to continue for ever ; and for better assurance hereof , should put into his hands such Strengths and Castles in Scotland as he had in his custodie . Unto this Douglas replied very generously and honestly , That hee would never leave such a blot upon his house , and would rather choose to die by what ever hand , then commit such a crime against his Countrey , for a fault done by the Prince and some particular men onely , whereof he hoped to be avenged , without that shame . This being so honest a part , and testifying so honest a heart , as some of them have not had the like , even of those who pretended to be Kings themselves ( some of whom have not refused to render themselves and their Kingdomes to the English servitude , to be avenged of their enemies , and to obtaine the Crown for themselves ) is too lightly overpassed by our Writers , without the due testimony , approbation , and praise that it well deserveth . Besides , there can hardly be a clearer argument of his not affecting or aiming at the Crowne , which his brother and Predecessours were charged with , and traduced to the King : for had he beene that way set , he would have accepted of the proffer of England , and made use of their help , which ( questionlesse ) these Kings would not have denied him , according to their ordinary practice . And how many are there that would have forborne in such power , and upon such an occasion ? for although he seems to have no colour of title to the Crowne , yet men that aspire to it , doe seldome want their pretences , when they have power to search it . So that the greater is the pitie in so moderate prosecution of such a quarrell , that the event should have beene so hard on his side , which appeares yet better in that which followed . So left thus to himselfe , by the instigation of his partners , and namely of James Hammiltoun of Cadyou , hee gathered together his friends and followers to raise the siege of Abercorne , which the King had beset , and lay before it in his owne person . And when hee was come within five miles , or ( as others say ) within sight of the besiegers , they looked assuredly that he would , and that hee had resolved to fight , because he put his Army in order of battell ; and being very ready for their part , and forward , Cadyou also exhorting him thereto , that he would end these warres with a notable victorie , to his perpetuall praise , or with an honourable death , as became his house , that he would vindicate himselfe from those miseries and contumelies ; he utterly refused to fight , though he were more in number , saying plainly , his heart would not suffer him , nor serve him to fight against his Soveraign . Wherby it may be conjectured ( as saith the Manuscript ) that his meaning was only to have terrified the King , and brought him to some reasonable conditions of peace . But there wanted intercessours to deale betwixt them , partly because all were ingaged to the one or other side , partly for that they beleeved that he still persisted in his former opinion of distrust and indignation , and so nothing was done therein by any . Others interpret it to have bin cowardize , or faint heartednesse , and lack of courage ( for their words import so much ) a fault that was incident to few of that stock , and we never finde it imputed to any of them against England , or against any other private enemie ; neither to this man elsewhere , but only at this time . And we heard how after the killing of his brother his courage is commended , together with his piety . The reason of it hath been this ; then while his anger was recent , and green against the authors thereof , he could have done any thing to have been avenged ; now time having taken away the edge of that disposition , when he considered it was his King he had to do with , whose hand the Courtiers , his enemies , had onely borrowed ; his naturall affection , and regard of a subject toward his Prince , was returned , and by peece-meal had taken possession of his heart again , as the own proper lodging where it had been harboured ever before . Certainly this refusall to fight now , and his former rejecting the King of Englands disloyall conditions of help , have proceeded from one and the same disposition of minde . Wherefore seeing that ought highly to be praised , I see not how this can be condemned , at least how they can condemn it , that do so highly respect that high place of Kings . The word also will import , not altogether flat cowardise , but a natural sluggishnesse , & want of action , whereof cowardise is sometimes the cause , but not alway , though they concurre often . But there is another affection that makes men slack in action , which proceeds not either of sluggishnesse , or cowardise , but of irresolution ; when a man swiming betwixt two opinions , resolves not fully upon either , and this seemes to have beene his disposition . A great impediment in his actions , and at least in this last point of such importance , the cause of his ruine , while neither his heart could suffer him to betake himself against his Prince , whom naturally he affected , neither could he digest to forget the fact done , or ( after it ) to commit himself to the doer . Which disposition , though it have brought out the like effects as cowardlinesse and sluggishnesse are wont to do , to wit , lingring and eschewing of the battell , yet this did not proceed in him from either of these two , but had the originall from a very honest minde to his dutie . His love to his Prince strove and fought with another dutie , which was his love to his dead brother , or to his owne honour . Out of which , whileas he either cannot , or occasion is not offered to extricate himselfe , and winde out a full resolution , he suffered himselfe to be carried unto that which he was most inclined to , his love to his Prince , and thereby he slipt and let slide through his fingers ( as it were ) this faire occasion which was then offered unto him , of no lesse ( in the judgement of his friends ) then the casting the dice for the Crown . And so James Hamilton told him , that the occasion was such , that if he did not lay hold of it , he should never finde the like again : he told him withall , that his want of resolution would be his overthrow , as it was indeed . For James Hammiltoun himselfe left him that same night , and went to the King , of whom hee was so honourably and well received , that others thereby were encouraged to come in also . Yet others write that he was committed to ward in Rosseline for a certaine season , and afterward releeved at the entreatie of George Douglas Earle of Angus . However , by his information to the King of the estate of the Earle Douglas his Armie , how forward they had beene to have fought , and how discontented and discouraged they were with his lingring , how the greatest motive that kept them with him was their doubting of pardon for their former offences , the King caused make a Proclamation , that whosoever would come unto him , and forsake the Earle Douglas , should have free remission for all that was past , providing they came within 48. houres . This being published , the most part of the Earls Armie left him , so that there remained not ( ere the next morning ) with him above 2000. men , whereby he was constrained to leave the fields , and his friends and servants that were in Abercorne to be cruelly slaine , and executed ; for the Castle was taken by force , and demolished , to his no small reproach , in that he was so irresolute , and had not by some meane or other procured at least some honest composition for himselfe and them , or else to have adventured all . Where if he would not have taken the Kingdome , in case of victorie , yet might he honourably have set downe conditions of peace ; or if he had lost the field , he could not have lost more then he did ; for by these meanes , abandoned of all , he was constrained to flee unto England . In the yeare 1455. having gotten together a small company of men , he returned into Annandale , thinking to have found some friends in those quarters , which were his own lands before ; but there he was encountred by the Kings followers , especially by his own kinsman ( but the Kings Cousin ) George E. of Angus ( as some write ) who defeated him . His brother the Earle of Murray was slain in the field , and his other brother the Earle of Ormond was hurt , and taken prisoner ; after his wounds were cured , being brought to the King , he was executed , with greater regard to this last action , then respect to his victory obtained not far from the same place , at Sark , against the English , & Magnus with the red main , their insolent Champion , which was so greatly praised by the King before , and so acceptable to all Court and Countrey . Such is the course and vicissitude of all humane affaires . We heare of one onely sonne of Ormonds , named Hugh , Dean of Brichen , of whom we shall speake somewhat hereafter in the life of Archbald Earle of Angus , who was Chancellour of Scotland . His takers were the Lord Carlile , and Johnston of Johnston , to whom the King gave in recompence the 40. l. land in Pittinen upon Clide , to each of them a 20. l. land thereof . The third brother , John Lord of Balvenie , escaped in a wood , and the Earle himself by flight got him to Dunstaffage , where finding Donald Earle of Rosse , and Lord of the Isles , he incited him to make war against the King in his favours , and after he had ingaged him therein , he withdrew himselfe again into England . This is noted to have beene in the yeare 1455. after which there was a Parliament called ( about the fifth of June , or August , as the Acts beare ) wherein he , and his brother John , and his wife Beatrix , were againe forfeited , and their lands of Galloway annexed to the Crowne . This Beatrix ( who had beene his Brothers wife , and whom he had used and kept for his owne wife for certaine yeares ) came to the King , and excused her selfe , as being a woman , and compelled to doe what she had done . The King received her into favour , and married her to John Stuart his halfe brother ( by the mother ) and gave her the lands of Balvenie . This John was afterward made Earle of Athole in King James the thirds time : he had by Beatrix two daughters onely , the eldest of which was married to the Earle of Errole . This is cast in by some in the next yeare following . The Earl Douglas abandoned on all hands , travelled with Donald of the Isles , Earle of Rosse , conforme to their old band made with Earle William to assist him , and renew his claim to the Isles . Hereupon Donald wasted Argyle , Arran , Loquhaber , and Murray , took the Castle of Inner-Nesse , burnt the towne , and proclaimed himselfe King of the Isles : but his wife ( who was daughter to James Levingston , and had beene given to him in marriage at the Kings desire , of purpose to retain him the better in duty ) when she saw she could neither prevaile with him in that point , and that besides she was but contemned by him , and the barbarous people that were with him , she left him , and came to the King , who received her very gladly . About this same time Patrick Thornton , a secret favourer of the Earle Douglas his faction , though he had followed the Court a long time , slew John Sandilands of Calder the Kings Cousin , and Alane Stuart also , upon occasion at Dumbartan . These two were of the Kings side , wherefore the said Thornton was taken by the Kings Officers , and executed . These things being not yet fully settled , did greatly perplex the King , between domestick and forraign enemies . In the year 1457. the Earl Douglas came in with Henry Percie Earle of Northumberland to the Mo●…se , which as they were in wasting & pillaging , they were encountred by George Earle of Angus , and put backe to their Camp. Being irritated with this indignitie , they put themselves in order of battell , without staying for their full companies ; many of which were gone abroad into the Countrey and Villages for spoile and bootie , and so entred into conflict . When the noise hereof was carried to the eares of the sorrowers , they for feare of losing what they had gotten , which was a very rich and great prey , past directly into England , without regarding what became of the two Earles . Hereby the battell was lost by the English , but the losse of men was almost equall on both sides . This victorie did not a little recreate the King , and so affrighted Donald and his Islanders , that he sent and submitted himselfe to the King , and was received by him . Neither was there any farther insurrection within the Countrey . Neither did the Earle Douglas without the Countrey enterprise any thing by the aid of England ( they being distracted at home by the dissention of Lancaster and Yorke ) during the dayes of this King , which were not many : for about two or three years after this , the King alone was slain by the wedge of a peece of Ordnance of his own , and with him George Earle of Angus hurt amongst 30000. of his Armie ( of whom none else was either slaine or hurt ) at the siege of the Castle of Roxburgh in the 29. yeare of his age in September 1460 , some 8. yeares after the killing of Earle William in Stirlin Castle , at which time he was about the age of twenty one or twenty two yeares . Neither hear we any mention of the Earle Douglas his stirring in the next Kings ( James the thirds ) time , either in his minoritie ( being but a childe of seven or eight yeares of age at his coronation ) or in his majoritie ; either in the dissentions betwixt the Kennedies and the Boydes , or the dissention betwixt the King and the Nobilitie . Whether it bee the negligence and sloth of Writers that have not recorded things , or whether hee did nothing indeed , through want of power , his friends , and dependers , and vassals being left by him , and despairing of him , having taken another course , and his lands being disposed of to others ; so it is , that for the space of twenty yeares , or three and twenty , untill the yeare 1483. there is nothing but deepe silence with him in all Histories . Onely wee finde that hee was made Knight of the noble Order of the Garter by King Edward the fourth , and is placed first in order of all the Earles , and next to him the Earle of Arundell ( who is the first Earle of England ) in the booke , intituled , Nobilitas Politica ; and the English Heraulds say of him , that he was a very valiant noble Gentleman , well beloved of the King and Nobility , and very steadable to King Edward in all his troubles . These troubles ( perhaps ) have beene the cause that they could enterprise nothing in Scotland untill the foresaid yeare 1483. However it be , he hath the honour to be the first of his Nation admitted into that Order . At last then in the yeare 1483. Alexander Duke of Albanie , and brother to King James the third ( who was also banished in England ) and the Earle Douglas , desirous to know what was the affection of their Countreymen toward them , vowed that they would offer their offering on the high Altar of Loch-mabane upon the Magdalen day , and to that effect got together some five hundred horse ( what Scottish what English ) and a certaine number of English foot-men , that remained with Musgrave at Burneswark hill to assist them in case they needed . So they rode toward Lochmabane , and at their coming the fray was raised through Niddisdale , Annandale , and Galloway , who assembling to the Laird of Moushill ( then Warden ) encountred them with great courage . The English who were on the hill ( Burneswark ) fled at the first sight of the enemy , so that the rest behoved either to doe or die . And therefore they fought it out manfully from noone till twilight , with skirmishes , after the border fashion , sometimes the one , sometimes the other having the advantage . At last the victorie fell to the Scots , though it cost them much bloud . The Duke of Albanie escaped by flight , but the Earle of Douglas being now an aged man , was stricken from his horse , and taken prisoner with his owne consent , by a brother of the Laird of Closeburnes , in this manner : The King ( James 3. ) had made a proclamation , that whosoever should take the E. Douglas should have 100. l. land : the E. being then thus on foot in the field , wearied of so long exile , and thinking that he might ( perhaps ) be knowne by some other , seeing in the field Alexander Kilpatrick ( a son of Closeburnes , and one that had beene his owne servant before ) he calls on him by his name , and when he came to him , he said , I have foughten long enough against my fortune , and since I must die , I will rather that ye ( who have beene my owne servant , and whom I knew to be faithfull to me as long as I did any thing that was likely for my selfe ) have the benefit thereby then any other . Wherefore take me , and deliver me to the King according to his Proclamation , but see thou beest sure hee keepe his word before thou deliver me . The young man , who loved the Earle entirely in his heart , wept ( as is reported ) for sorrow , to see him thus aged , and altered in disguised apparell , and offered to goe with him into England . But hee would not , being wearied of such endlesse troubles ; onely hee desired the young man to get his life safe , if hee could obtaine so much at the Kings hands , if not , to bee sure of his owne reward at least . Hereupon Kilpatricke conveyed him secretly out of the field , and kept him in a poore cottage some few dayes , untill hee had spoken with the King , who granted him the Earles life , and gave unto himselfe the fistie pound land of Kirk Michaell , which is possest by his heires , unto this day . Some give the honour of this victory to Cockpool and Johnston , and make the number of those that came with Douglas and Albany greater , and say that King Richard of England blamed the Duke of Albanie for the losse thereof , and that he , discontented and taking it ill to bee so blamed , withdrew himselfe secretly into France . The Earle Douglas being brought to the King , hee ordained him to be put into the Abbacie of Lindores ; which sentence when hee heard , hee said no more but this : Hee that may no better bee , must bee a Monk , which is past in a Proverbe to this day . Hee remained there till the day of his death ( which was after the death of King James the third ) which fell out 1488. he being of a good age , and having beene a man in action from the beginning of his brother William now foure and fourty yeares . Some write that while he was in Lindores , the faction of the Nobility ( that had put Coghran to death , and punished some others of the Courtiers supported by the Kings favour ) especially Archbald Earle of Angus , ( called Bell-the-Cat ) desired him to come out of his Cloyster , and be head of their faction ; promising he should be restored to all his lands , which seemeth not very probable : But that which others write , hath more appearance , that the King desired him to be his Lievetenant against the Rebells ; but hee laden with yeares and old age , and weary of troubles , refused , saying ; Sir , you have kept mee , and your black coffer in Stirling too long , neither of us can doe you any good : I , because my friends have forsaken me , and my followers and dependers are fallen from me , betaking themselves to other masters ; and your blacke trunck is too farre from you , and your enemies are between you and it : or ( as others say ) because there was in it a sort of black coyne , that the King had caused to bee coyned , by the advise of his Courtiers ; which moneyes ( saith he ) Sir , if you had put out at the first , the people would have taken it , and if you had imployed mee in due time , I might have done you service . But now there is none that will take notice of me , nor meddle with your money . So he remained still in the Abbacy of Lindores , where hee died , anno 1488. and was buried there . THus began and grew , thus stood and flourished , thus decayed and ended the Noble House of Douglas , whose love to their Countrey , fidelity to their King , and disdain of English slavery was so naturall , and of such force and vigour , that it had power to propagate it selfe from age to age , and from branch to branch , being not onely in the stocke , but in the collaterall , and by branches also , so many as have beene spoken of here . They have continually retained that naturall sap and juice which was first in Sholto , then in William the Hardie , who died in Berwick ( who was in a manner a second founder ) in such a measure , that amongst them all it is uncertain which of them have beene most that way affected . This vertue joyned with valour ( which was no lesse naturall , and hereditary from man to man ) caused their increase and greatnesse : their Princes favouring them for these vertues , and they by these serving their Princes in defence of their Countrey : Their affection pressing them thereto , their worth and valour sufficing them , the hearts of the people affecting and following them : Their enemies regarding and respecting them , all men admiring them : so that in effect , the weight of warlike affaires was wholly laid on them . The Kings needed onely to give themselves to administer justice , consult , and direct , living at peace and ease , and in great quietnesse to use their honest recreations , from the latter dayes of King Robert Bruce , wherein there was a pleasant harmony , and happy concurrence ; the Kings ( as the great wheel and first mover ) carrying the first place in honour and motion , and commanding : and they in the next roome , serving and obeying , and executing their commandements ( as under wheels , turned about by them ) courageously , honourably , faithfully and happily , to the great honour and good of their Prince and Countrey . This behoved to be accompanied with greatnesse : for neither could service ( to any purpose ) bee done without respected greatnesse , neither had greatnesse beene worthily placed without service . Their power is said by some to have been such , that ( if they had not divided amongst themselves ) no Subject in this Island could have compared with them in puissance . But that which diminished their power , and ruined the Earle Douglas , was the falling of the houses of Angus and Morton , from them to the King : for the last battell the Earle Douglas was at , the Earle of Angus discomfited him ; so that it became a Proverbe , The Red Douglas put downe the Black : Those of the house of Angus , being of the fairer complexion . They might have raised ( thirty or fourty thousand men ) under their owne command , and of their owne dependers onely , and these most valiant : for their command was over the most expert , and most exercised in warre , by reason of their vicinitie , and nearnesse to England , which was their onely matter and whetstone of valour . They who give them least , give them 15000. men , who upon all occasions were ready with them to have ridden into England , at their pleasure , and backe even for their private quarrells , and have stayed there twenty dayes , and wasted all from Durham Northward , which no other private Subject could ever doe , upon their owne particular , without the Kings Army : this power ( as hath been said ) they used ever well , without giving of offence to their Prince in any sort , that we can reade of clearly and expresly set downe . Yet our Writers say , it was too great for Scotland . But how could it be too great , that was thus for the good of it ? for the Kings service ? for their ease ? making no rebellion , no resistance , no contradiction ? which ( we see ) they came never to , untill the killing of E. William at Stirling . Truely if we shall speake without partiality , their greatnesse was so usefull to their King and Countrey , that Hector Boetius stickes not to say , the Douglasses were ever the sure buckler , and warre wall of Scotland , and wonne many lands by their singular man-hood and vassalages : for they decored this Realme with many noble Acts , and by the glory of their Martiall deeds . And though their puissance was suspected to some of their Kings , and was now the cause of their declining , yet since that house was put downe , Scotland hath done but few memorable deeds of Armes : And we cannor say justly , that they gave any cause of jealousie . Princes were moved to conceive it without just occasion given by them , unlesse it were a fault to be great : whether they were jealous of their owne naturall inclination ( as jealousie is esteemed ordinarily to the highest places ) or by the suggestion of others , that were mean men , and so envious of great men : the one inclining to jealousie , the other working on that inclination , however notwithstanding of all this , they stisl behaved themselves towards their Princes moderately , obeying them to warding , and after releeving to warding again , at their Kings pleasure , without any resistance whatsoever , as may be seene in the Earle of Wigton , which being well considered , the cause of their stirring , or commotion against their Prince ( which was never till this last man ) will appeare not to have proceeded from their greatnesse , enterprising against their Prince , or aspiring to his Throne , ( although the meane men , and new start-up Courtiers perswaded the King so , for their owne advantage and ends ) but the cause was indeed the aspiring and ambition of these mean men , who laboured to climbe up into their roomes by their decay , neither was this their aspiring by vertue , but by calumnies , and flattering , fostering the foresaid jealousie . I know it is a maxime in Policie , and that plausible to many ; That Princes should not suffer too great Subjects in their Dominions ; yet it is certain , that without great Subjects there can be no great service . Things may be shufled at home , but abroad there can never any thing bee done to the purpose , or of note . But now the question is where great men are already ; whether it bee best thus to undoe them , and make up new men by their ruine , or not : a thing worthy to bee considered : and also , whether or not there be a possibilitie to use great men to good uses ; and ( if possible ) whether it were not better to doe so , then to goe about to undoe them : whether also there be not in undoing of them such great hazard ( as we see ) that though it may succeed at last ( as it did here ) yet it is not so good wisedome to adventure upon it with such trouble and uncertaintie . Truely , that which made it to succeed , was the very honest heart of this last Earle James ; who , if either hee would have turned English , and cast off all respect to his native Prince , or entered into battell against him at Abercorne , it had proved an unwise course so to have affected the advancement of these mean men ; and not rather to have used them well , that were become already great . And therefore the Writers finde no other cause of this successe on the Kings side , but the onely providence of God , who had not determined to give the Crowne to the Douglas , but to continue it in the right line ; which though the Douglas did not aime at , yet being driven to this necessity , either to lose his owne estate , or to take the Crowne in case of victory , hee could hardly have refused it , if it should have come to that , but hee chose rather to lose his owne ; and lost it indeed by a rare modesty , which is even disallowed by Writers , who interpret it to have beene fearefulnesse , or lazinesse ; so hard is it to know the right , and not to incurre some censure in our actions : how ever it bee , this appeares most certain , that their meaning to their Prince and Countrey hath ever beene good , and that even in this man. Their errours and faults whatsoever they fell into , they were drawne to them by the malice of their particular enemies , and the Princes assisting , fostering and maintaining them in their wayes , thereby to undoe that Earledome , jealous of their Crowne , and that they might reigne ( perhaps ) with greater libertie , and fuller absolutenesse , which their Courtiers perswaded them they could not doe , so long as they stood . But it comes not ever so to passe ; and though it came here so to passe in this Kings dayes ( which were not many ) yet in his sonnes dayes , wee shall see it fell out otherwayes : for out of these mean men ( at least in respect of the house of Douglas ) there arose some who proved as great , and greater restrainers of that liberty , then ever the Earles of Douglas were . So that if that bee the end of cutting off great men ( to obtain greater liberty ) wee see it is not alwayes attained , and doth not ever follow upon it ; yea , wee shall see , that almost it never ( or but for a very short while ) produceth that effect . It is therefore worthy to be examined , whether it be to be sought , or to be bought at so deare a rate , such hazard and trouble . But this is the vicissitude of this rolling world ; let men consider it , and reverence the Ruler . Jacobus Comes Lindorensi coenobio inclusus . Quid rides rasumque caput , cellaeque recessum ? Quodque cucullatis fratribus annumeror ? Fortunâ volvente vices siet modo Princeps , Plebeius : Monachus saepè Monarcha fuit . Why doe you laugh to see my shaven Crowne ? My Cell , my Cloyster , and my hooded Gowne ? This is the power of that Soveraigne Queen , By whom Monkes , Monarches ; Monarches Monkes have been . Another . Both Fortunes long I tri'd , and found at last , No State so happy as an humble rest . Georgius Angusiae comes . Anvici Gallos obsessos undique laetho , Scotorum , eripuit te duce parva manus , Te duce Duglasius , victus quoque Percius heros Militiae statuunt clara tropheae tuae : Sed consanguinei , sed quid meruere propinqui ? O furor , O rabtes , perdere velle suos ? Matrem ingrata necat crudeli vipera , morsu Stirpem , quâ genita est noxia vermis edit His non absimilis fueras : per te domus illa Eversa est ortum ducis & unde genus , Non me ventosa ambitio , non dira cupido Egit opum me non impulit invidia Ferre parem poteram , poteram vel ferre priorem , Contentusque mea sorte beatus eram : Ast Regi parere & jussa facessere fixum ; Fas quoque semper er at , fas mihi semper erit George Earle of Angus . Thou ledst a handfull , who from death did free The French besieg'd at Anwick : victory , Though bloudy from the Noble Piercy gaind , Increast thy honour : but against thy friend And kinsman , what strange fury turn'd thy force ? What madnesse to destroy thy owne , 't was worse Then Vipers cruelty , compell'd to eat Their way or die ; thine was a needlesse hate : No vain ambition oversway'd my heart , No love of wealth , no envie had a part In what I did , I could an equall beare : Nay , did not grudge though Douglas greater were , Content with what I had , I happy liv'd , But 't was my Prince his will and 't is beleev'd Lawfull , and Justice hath pronounc't it good To serve our King , without respect of bloud . Aliud . A solo potuit Pompeius Caesare vinci , Non nisi Romano milite Roma cadit , Duglasios nem●… cùm posset vincere , solus Duglasium potuit vincere Duglasius . Another on the same . Pompey by Caesar onely was o'recome , None but a Romane Souldier conquered Rome : A Douglas could not have been brought so low , Had not a Douglas wrought his overthrow . Here endeth the first Part , containing the History of the House of Douglas . THE SECOND PART OF THE HISTORY OF THE DOUGLASSES , CONTAINING THE HOUSE OF ANGUS . By Master DAVID HUME of Godscroft . EDINBURGH , Printed by EVAN TYLER , Printer to the Kings most Excellent Majestie . 1643. Of the House of ANGUS , before it came to the name of DOUGLAS . THe great and potent House of Douglas ( of which we may say , the best subjects that ever served Prince , the worthiest seconds that ever seconded any , worthie for their modestie to be seconded by others , second to none in all vertue , and true worth of valour , magnanimitie , kindenesse , courtesie , faithfulnesse to King , Countrey , and kinred , serving their Prince , and served by the rest , worthily served , worthie to be served , as knowers of service , and recompencers there of in due proportion , and degree , as Charters of Lands liberally given do testifie ) being thus brought to this pitifull end , there arose in place thereof the House of Angus , of which we come now to speak , and to view in the descent of it . If we shall consider it in our best discourse , with all circumstances due to it , and compare it with the former , to which it succeeded , ballancing all things aright , we shall finde it , as not fully so great in that huge puissance and large extent of lands and rents that the house of Douglas had ( which did surpasse all others that were before , or have been since amongst subjects , ) so shall it be seen otherwise nothing inferiour . In antiquitie Angus is thus far beyond it , that there have been diverse I hanes of Angus ( which was a degree of honour in those dayes equall to that of Earles now ) as also that the Earles of Angus were created amongst the first that carried the title of Earles in the year 1057. or 1061. at the Parliament of Forfaire in the dayes of King Malcolme Kenmore ; whereas the house of Douglas was honoured onely with the title of Barons , or Lords . This is much preferment , yet it is more , that in our Chronicles the name of the house of Douglas is then first found , whereas Angus is found 200. years before that time in the 839. year , howbeit we have already showne that there were Douglasses in the year 767. though not mentioned by our Writers . In bloud they are equall on the fathers side , as being descended of the same progenitours ; so that what ever belongs to the house of Douglas before James slain at Otterburn , belongs also to the house of Angus ; the first Earle of Angus of that surname being brother to him , and both of them sonnes to William the first Earle of Douglas , or rather the first Earle of Douglas , being also Earle of Angus in effect , seeing his wife was Countesse of Angus , howbeit he used not the stile . By the mothers side , the house of Angus hath the preeminence , being descended of the greatest in the Kingdome , and even of the Royall stock , having been divers wayes mingled therewith . In vertue , valour , and love of their Countrey , it resembleth the spring from whence it flowes , and comes nothing short of it . In credit , authority , place , and action , account , favour , and affection of men , we shall finde it no lesse beloved and popular , and no lesse respected and honoured . So that with all this ( both likenesse , and no great inequalitie ) bearing the name of Douglas , together with the armes , and title of Lords of Douglas , the fall of this former house was the lesse felt , it seeming not so much cut off , as transplanted ; nor destroyed , as transferred ; some comfort it is , when it comes so to passe , as may be seen in many others . To deduce then the house of Angus from the first originall thereof , it is declared by our Writers , that Kenneth the second son to Alpine , the 69. King , having expelled the Picts out of his Kingdome , did dispose of their Lands to his Noblemen , and such as had done him good service in the warres . In which distribution he gave the Province ( of old called Orestia ) to two brothers , the elder of which was named Angus , or ( as Buchanan ) Aeneas , and the younger Merns . These two brothers dividing that Province betwixt them , gave each of them his name to that half he possessed , and so of one they made two , calling the one Angus , and the other the Merns , as these Countreyes are so called at this present . This is the first Thane of Angus , from whom that Countrey took the name . 2. After him we read of other Thanes , as of Rohardus , Radardus , or Cadhardus , who slew Culenus ( the 79. King ) for ravishing his daughter . 3. Also there was one Cruthnetus ( in the reigne of Kenneth , brother to Duffe , in the year 961. ) who was slain by Crathelint , who was his own grand-childe by his daughter Fenella , or Finabella , married to the Thane of the Merns . 4. Then we have one Sinel , ( in the reigne of Malcolme the second son to this Kenneth , who began his reigne 1104. and reigned 30. years ) who married Doaca or Doada , younger daughter to King Malcolme , whose elder sister Beatrix , was married to Crinen , Thane of the Isles , and principall of the Thanes , whom that age called Abthane . 5. Of this marriage was procreat Mackbeth , or Mackbed , or Mackabee , Thane of Angus , and afterward King of Scotland , of whom the History is sufficiently knowne . 6. The last Thane was Luthlack , son to Mackbeth , who was installed King at Scone after his fathers death , but within three moneths he was encountered by King Malcolme ; and slain at Strabogie . This was about the year 1056 , or 57. And so much of the first period of the house of Angus , under the title of Thanes . The second period of the house of Angus , is under the title of Earles , before it come to the name of Stuart . The first is , one made Earle by King Malcolme , at the Parliament of Forfaire , where Boetius telleth expresly , that the Thane of Angus was made Earle of Angus . The next is in the dayes of King David ( called Saint David ) in the warres with Stephen King of England , in the battell at Alerton , where the Generall the Earle of Glocester was taken prisoner ; the Scottish Army is said to have been conducted by the Earles of March , Stratherne , and Angus , in the year 1136. or 37. but he is not named . The third is Gilchrist ( in the year 1153. ) in the reigne of Malcolme the maiden , who did good service against Sumerledus , Thane of Argyle , and being married to the Kings sister , having found her false , put her to death ; and fearing the King , fled into England , and afterward was pardoned . Then we have John Cumin in the dayes of Alexander the second , in the year 1239. of whom wee read nothing , but that he was sent Ambassadour into France to Lewis then King , and that he died by the way before he had delivered his Ambassage : Boetius , Hollinshed . This was about 1330. The third period is in the surname of Stuarts ; of whom the first is one John Stuart entitled Earle of Angus , Lord of Boncle , and Abernethie , in a Charter given by him to Gilbert Lumsden of Blainerne , yet extant in the hands of the house of Blainerne . It is not dated , but the witnesses show the time , for Randolphus custos regni Scotiae is one . What this John was is uncertain , but in likelihood he hath been brother to Walter ( the seventh from the first Walter ) and sonne to John , and so also uncle to Robert the first King of that Name , for so the time doth bear , and his father John ( or himself ) married the heir of Boncle , and was slain at the battell of Falkirk in the year 1299. This John was slain at Halidoun hill , together with his brother James , and Alane . ( Buch. lib. 9. ) 2. The second is , Thomas ( apparantly sonne to John ) who assisted the Earle of Douglas , and the Earle of March in their taking of Berwick , in the year 1357. or 58. he died in the Castle of Dumbartan , having bin imprisoned there , but for what , is not known . 3. Then Thomas again , father to Margaret Stuart Countesse of Marre and Angus . 4. Last of all Margaret Stuart , daughter to this Thomas , married first to Thomas Marre Earle of Marre in her fathers lifetime apparantly . And after her fathers death ( who died without heirs male ) she was heir to her father by the renunciation of her sister Elizabeth ( who was married afterward to Alexander Hamilton of Cadyowe ) and so she was Countesse of Marre and Angus , Dowager ( or Lady tercer ) of Marre , and inheritrix of the Earldome of Angus . Her first husband dying without issue , she was married after his death to William the first Earle of Douglas , she being his third wife ( as hath bin shewed ) in the year 1381. She was a kinde Lady to her friends , loving to her sister Elizabeth , and a carefull mother to her sonne George . Earle of Angus . She is never designed Countesse of Douglas , either for distinction , being better known by her titles of Marre and Angus , or because these were more ancient , and no lesse honourable . She is the twelfth from Bancho , and tenth from Walter the first Stuart , and she is the last of that Name in the house of Angus . And thus much of the house of Angus in generall before it came to the Douglasses , of whom now it is time to speak . Of the first Earle of Angus of the Name of Douglas . of William the first Earle of Douglas and Angus . WE shall do no wrong to reckon William ( the first Earle of Douglas ) as the first Earle of Angus , also of the Name of Douglas , seeing he married the inheritrix of Angus . Nay we should do him wrong to omit him , being the root from which all the rest are sprung . He was the first Earl of Douglas , and first Earl of Angus of the Name of Douglas , though it be true that he was 23. or 24. years Earl of Douglas before he came to be Earl of Angus , and that is all the difference betwixt the antiquitie of these two houses in the possession of that Name . Now that it was Earle William himself , and none else , it is evident by a bond made by the said Earle William to his sister Marjorie ( Countesse of Marre ) for the due payment of the said Marjories third , let to him and Margaret Stuart ( Countesse of Marre and Angus ) where he calls her his wife . Also that the same Earle William was father to George , it is clear by a Charter of Tutorie , and entaile made by Sir James Sandilands of West-Calder to George , in which Sir James speaking sayes thus , The Land of Calder were given to my father and mother of good memorie by my Lord Sir William Earle of Douglas and Marre his father : that is , father to George . Of the life of this William we have spoken in the house of Douglas , whither we referre the Reader . Of George Douglas , second Earle of that Name , and sonne to Margaret Stuart Countesse of Marre and Angus . GEorge his sonne entreth to the Earledome in the year 1389. the 9. of Aprile , a boy of seven or eight years old at most , for he was born but in 1381. which is the first year that we finde his father and his mother married . His mother resigned the Earledome of Angus in his favour at a Parliament in the aforesaid year 1389 , the 9. of April , so that he hath the title of Earle of Angus , from that time forth , notwithstanding his mother was alive . He had to wife Mary Stuart daughter to King Robert the third , being then about 16. or 17. years of age . All that we hear of him in our Histories is , that he was taken prisoner with the Earle of Douglas , at the battel of Homeldoun in the year 1402. When he died is uncertain , onely thus much we know , that his sonne William kept Courts as Earle in the year 1430. So he hath lived 42. or 43. years . And certainly he hath not lived long ; for after his death Mary Stuart his wife was twice married , first to the Lord Kennedie , and bare to him John Lord Kennedie , and James Arch-bishop of Saint Andrews , who are called brothers to his sonne George Earle of Angus . Then she was married to the Lord John Grahame of Dindaffe-moore , and bare to him Patrick Grahame Bishop also of Saint Andrews , and James Grahame first Laird of Fintrie . His children were William and George , both Earles of Angus after him . Of William the third Earle of Angus , and second of that Name ( of William ) TO George succeeded William his sonne by Mary Stuart , as all our writers do testifie , and all men acknowledge , He was amongst those that were committed to prison by King James the first , in the year 1424. After this he was employed to receive the Castle of Dumbarre , when the Earle of March was imprisoned , in the year 1435. the 29. of King James the first his Raigne , he was made warden of the middle March. In the year 1436. he was sent against Percie , who , either by private authority , or publick allowance , had entred Scotland with 4000. he was about the same number : and had with him in company men of note , Adam Hepburne of Hales , Alexander Ramsay of Dalhousie , Sir Gilbert Johnstoun of Elphinston . They fought at Piperdain or Piperdean ( as say Boetius and Holinshed ) perhaps Harpardean by Hadington : for we see that most of them are Lowthian-men that are remarked to be in his company , yet it is hard to think that Percie could come so farre in with so few . The Earle of Angus was there victor , beginning his first Warres upon Percie , fatall to the Name belike . There were slain of the English 400. together with Sir Hénry Cliddisdalo , Sir John Ogle , Sir Richard Percie Knights ; taken prisoners 1500. Of the Scots one onely of note was slaine , Sir Gilbert Johnstoun of Elphinston ( Buchanan cals him Alexander , but amisse ) a gentleman of singular approved vertue ( sayes Buchanan ) and Boetius tells the manner , while he pursues the enemy too eagerly . Before this , Archbald Earle of Douglas , and Wigton was gone into France male-contented with the government , having been twice committed prisoner , to receive his Dukedome of Turaine . Every mi●…-hap is good for some body : that gave occasion and way to this employment , for while the house of Douglas was present , who but they for service against England ? who but they were able to do it ? Now they being absent , who but a Douglas ? A branch of that tree , and not long since come of it , especially being the Kings Cousin so near . So they begin , and so they shall continue with the like vertue . We hear not whom he married , nor any thing of his children , save of his sonne James who did succeed to him . Neither is it known when he died precisely : onely we finde that he was dead before the 1437. the 27. of Februarie . So that reckoning from the first year of his fathers marriage ( in the 1398. ) he hath lived some 41. years in all , and 13. years Earle , from the 1424. Of James the fourth Earle of Angus of the surname of Douglas . AFter William , his sonne James was Earle . Our warrand is a writ , where he is served heir to William his father in Killiemoore , of the date 1437. Febr. 27. some 6. or 7. years after the death of King James the first . There are also diverse other writs of this kinde extant , which do witnesse that he hath been , but of no use in publick , or for historie . Whither ever he was married , or had any children we hear nothing . He dieth before the year 1452. There is one thing not to be omitted , which is a bond of Robert Fleming of Cummernald , to him ( where he is entitled James Earle of Angus Lord of Liddisdale , and Jedward Forrest ) to enter within the iron gate of the Castle of Tantallon or Hermitage , under the pain of 2000. marks upon eight dayes warning . The cause is subjoyned , because he had burnt the Earles Corne within the Baronie of North-Berwick , and taken away his Cattell there on Fasting-even , or Shrove-tuesday . It is dated in the year 1444. the 24. of September . This burning is a token of no good will even then betwixt the house of Angus , and the house of Douglas , whereof the Lord Fleming was a follower . Even then , I say , before the time of William slain at Stirlin . For this seemes to have fallen out about the time of Grosse James , or ( it may be ) in the beginning of Earle William . But it is hard to conceive how this man ( a depender of the Earles of Douglas ) should thus farre have bowed himself , and it is a token , that the Earle of Angus authority hath not been small . Howsoever , on these grounds we restored him to his own place , being left out altogether by all other that I have seen . Of George Douglas , the second George and fifth Earle of Angus . TO James succeeded his uncle George , by the consent of our whole writers , who ( all ) speaking of King James the second , call this George the Kings fathers sisters sonne . So the King and he , are brother and sisters children . We need not to impugne the received opinion ; The time and computation of years will admit it sufficiently , for though he were born two years after his fathers marriage 1400. yet shall he not passe 63. at his death . Neither doth any other thing that I know of , hinder us from beleeving this deduction . Wherefore we will follow them , though we have no other monument to testifie so much expressely , or to hinder him from being sonne to James . There is this scruple in it , that Buchanan calls James Kennedie ( Arch-bishop of Saint Andrews ) of greater age then George Douglas . Which if it be true , then George could not be his brother , for their mother was first married to Angus . We have monuments of him as Earle in the year 1452. May 24. and in the 1461. the last of September ; and of his sonne retoured heir to him in the 1463. So that he hath been Earle about 10. or 11 years . But our histories say it was he that assisted Creightoun to spoile the Earle Douglas Lands of Strabroke , &c. from about 1445. or 46. years , and so his time shall be 17. years . He married Elizabeth Sibauld daughter to Sibauld of Balgonie Treasurer of Scotland for the time , profitably , and not dishonourably . For his place of Treasurer was a place of credit and honour , and himself descended of honourable race , viz. the Earles of Northumberland ; who were of that name in the dayes of Malcolme Kenmore , and Grandfather to the said Malcolme by his mother , and had the leading of the English Army that was sent in for his aide against Mackbeth , to the number of 10000. men . We finde also the name of Sibards in the dayes of King Alexander the second to have been in good account , of whom Buchanan writes that they entertained feed against the Earle of Athol , as also that the said Earle of Athol being burnt in his lodging in Hadinton , the chief of the Sibards whom he calleth William , without any further designation ( Boetius calleth him John ) being suspected thereof because of their known enmity , was called in question for it , and arraigned . And although he proved by the testimonie of the Queen , that he was in Forfaire at that time ( some 60. miles from Hadinton ) yet the Judge thought not this sufficient to absolve him , because the other party alledged that his servants and followers had been seen very many of them in the Town . And although he offered to purge himself by combat , it could not be accepted : Whereupon he fearing the power of his adverse party ( which were the Cumins ) fled into Ireland with a number of his name . By which relation it appears that this name hath been in good account , and this marriage no way disparageable . It was also profitable in effect , but more in hope , which was to have succeeded heir to the estate of Balgonie , both Lands and Moveables , she being his onely daughter , and he himself and his Lady of good age , the Contract also being made so that he should be heir , failing heirs male of his own body , whereof there was small appearance ; Yet ( as it often falls out in such cases , the Divine providence eluding humane wisedome , that they may know that there is a directing and over-ruling wisedome and power above theirs ) that hope was disappointed . His mother in law dieth , his father in law marrieth a second wife , and by her hath heirs male to inherite his Lands . I think if he had known what was to come , he would not have done it . And yet is Balgonie disappointed also , for his sonne had but one daughter who was married to Lundie , and so transferred it from the name , where he thought to have settled it . Angus gets with his Lady . 3000. Marks of portion , no small summe in those dayes when portions were little and the terms of payment long . His children were Archbald , and another son , whose name we have not . Some tell us of James Earle of Angus , and Lord Warden of the borders . But when should he have been Earl of Angus ? for Archbald succeeded to George ; and to Archbald his grand-childe Archbald . The truth is this James was before son to William , as hath been said ; yet it may be that he hath had a son named James also , though Writers do not name him . He had foure daughters ; first Elizabeth , married to Robert Grahame of Fintrie ; second Margaret , to Duncan Campbell ; third Giles ; and fourth Alison , of whose marriage there is no mention . He had also a son naturall , of whom are descended the house of Bonjedward . His daughters were not married in his own time ( belike they have been young ) but their brother in the year 1476. contracts with Robert Grahame of Fintrie , to marry his sister Elizabeth , failing her , Margaret ; and failing Margaret , Giles ; and failing Giles , Alison ; so soon as a dispensation can be obtained , for they were within the degrees then forbidden , she being the third from Mary Stuart the Kings Daughter , and Robert Grahame in the same degree ( belike ) son to James Grahame . The portion is 400. Marks . Margaret was married to Duncan Campbell ( we know not of what house ) in the year 1479. Her brother contracts for 600. Marks , and findes Robert Douglas of Loghleven , and Alexander Ramsay of Dalhousie suretie for it . Her mother gives her bond for their relief . To return to Earle George , we finde that he was a man very well accomplished ; of personage tall , strong , and comely : Of great wisedome , and judgement . He is also said to have been eloquent . He was valiant and hardie in a high degree . His father ( carrying the name of George also ) we saw how by his mothers help he raised and advanced the house many wayes , almost doubling the estate of it , as it was before him , this man reares it up a great deal higher upon the ruines of the house of Douglas : yet doth he also diminish his own patrimonie and revenues of Angus , whiles to gain service and dependancie , he bestowes liberally , chiefly his lands of Angus , for he redacted the greatest part thereof from propertie , to superioritie onely , there being above 24. Barons , and Lords in Angus , that hold their lands of the Earles of Angus . His determination was fully to follow the King , though against his Chief and Cousin . But the King who had espoused the quarrell , and made the Earle Douglas party , was nearer to him in bloud , and therefore reason inclined his minde more to him . Besides he was a King , duety required his assistance . Hope also swayed the ballance greatly : There is hope of a Kings liberality , chiefly when Lands come in dealing and parting . And he being a Douglas , and the Lands having belonged to a Douglas , he had great probabilitie to expect a large share in them . For to whom could they be given so justly and pertinently ? His brother Bishop Kennedle could well egge him on . There was no hope of rising for him , that huge tree of Douglas standing which over-topt all others , and over-shadowed the whole borders , and almost the whole Kingdome . He was younger ( this Bishop ) than Angus , but wise , vertuous , learned , and of authority : Experience also had given occasion of late to think that the house of Douglas drew all to themselves . The maiden of Galloway ( the Earle of Wigtons daughter ) was thought fittest to have been matched to some other Douglas being near to the Earle ( as was thought then ) and the house too great already in the Kings eyes , not to be augmented . But he would none of such wisedome , he marrieth her himself , and disappoints them all , who could look for any rising by these mens means ? Or in their standing in such greatnesse ? yet the cause seems to go higher than the Kings cause : For even when the Earle of Douglas had the Kings authority on his side , and Creighton was denounced Rebell , Angus assists Creighton against the Kings authority . Wherefore in all likelihood the course hath begun in King James the firsts time . Then hath the house of Angus entred into friendship with Creighton in the dayes of William Earle of Angus , which hath continued in the time of Earle James his sonne , whose Lands Robert Fleming therefore did burn and spoile in the Baronie of North-Berwick . And now that course begun then , is here prosecuted by Earle George to the utmost point . A pitie of such dissention in these houses , or one house rather , against which if it had not been thus divided in it self , their enemies could hardly have prevailed . For it cannot be denyed but the house of Douglas had great wrong , and was treacherously dealt with by Creighton , neither did it ever intend any thing against the King ; but the King was drawn to the partie against it : though in the good cause of it , it committed errours , it is to be pitied , and lamented ; for who doth not . Also George Earle of Angus declares not himself openly against the house of Douglas for a time . The support that he is said to have given to William Creighton is said to have been done covertly at the spoiling of Strabroke and Abercorne . Neither after that , untill such time as the King declared himself openly , slew William Earle Douglas at Stirlin , and made open Warre against James who succeeded to him . Then he also declared for the King , and bent his whole force and power to aide him . He had that same year before 1452. the 24. of May , taken a course for keeping good order in his Countrey of Liddesdale , and to keep his Castle of the Hermitage safe for him , and that his folks should do no hurt to others , nor receive any of the enemies . He had for that purpose made Sir Archbald Douglas of Cavers ( Sheriffe of Roxbrough ) and William his sonne , Bailiffs of Liddesdale , and keepers of the Castle , who undertook , and bound themselves to do what we have said , for which he allowed them a large recompence and reward , as the Indenture thereof ( yet extant ) doth testifie . He is stiled in it Warden of the east marches , William Earle of Douglas being then alive . Some give unto him the honour of the battell in which the Earle Douglas was defeated in Annandale , where the Earle Murray was slain , and Ormond taken in the year 1455. Others attribute all to the Lord Carlile , and Johnston . But however that was , in the year 1457. he defeated the said Earle , and Henrie Percie Earle of Northumberland on the east border ( which was his wardenrie ) in a bloudy battell . For the Earle of Douglas , and Northumberland ( a fatall Warriour to the Douglasses ) having conveened an Army , and come to the Merse , began to spoile and burn the Countrey . But the Earle of Angus set upon the Forragers and drave them to the hoast . The Earles moved with this indignitie ( though many that were gone out to forrage were not yet come in ) advanced and presented him battell , which he also accepted . After a sharp conflict on both sides with a greater courage and spite than strength , the victorie , which a long time was doubtfull which way to incline , at last fell to the Earle of Angus , not without some losse . The number of the slain was equall , but the English were put to flight , and many of them made prisoners . A chief cause of this defeat was the suddennesse of the enemie in giving battell , and his not staying for the rest that were abroad , and had been sent out to forrage the Countrey . For they being laden with bootie , when they heard the noise of the fight , were so farre from coming to succour their fellows , that for fear of loosing what they had gotten , they took their way directly home into England . This victorie did not a little recreate the King , being wearied both with civill and forraine Warre . For this service , which was exceeding pleasing and acceptable , the King gives him a new Charter of the Lordship of Douglas , upon a resignation , which he had gotten before when the Earle Douglas was forfeited . What other Lands he got we have no speciall mention . So the Earle Douglas being now forfeited , his brother slain , himself banished , and with small either effect , or effort , entertaining hostility by small incursions , rather than doing any thing for the advancing of his main businesse , the face of the world was quite changed . The Earle of Angus was now made Lord of Douglas ; and howbeit he came somewhat short of that huge greatnesse and puissance of the former , yet was he nothing inferiour in place of authority , in credit and account , in action and employment , as we said in the beginning . Nothing was done but by him , and under his shadow . Bishop Kennedie had the greatest vogue ; he upheld the Bishop by his power , and by him men did come to finde favour , and did seek to have credit . We will set down two examples for all the rest , but those remarkeable , and sufficient to show of what great account and authority he hath been . The one is of our own Nation , the other of a Forrainer . The first is in the same year 1457. the 13. of May. We heard of James Lord Hamilton a faithfull , franke , and forward friend for the Earle Douglas , so long as he was a friend to himself by any action . He leaving himself , Hamilton also lest him : I mean , seeing the Earle had lost that so fair occasion ( if not to cast the Dice for the Crown , as the Lord Hamilton said to him ) yet to cast the Dice for the victory , and to give or take conditions of peace , which he had at Abercorne , being moe in number than the King ; the Lord Hamilton was come in to the King upon this , that same night . He was received by the King , but not greatly credited , for he was committed to Rosselin ( a Castle then of the Earle of Orkneyes ) and afterwards ( say our writers ) freinds interceding for him , he was released out of prison , and received into most inward friendship . Thus farre they go , but what friends these were , or how the friendship was made they do not tell . The Earle of Angus evidents tell us ; and show that it hath been he that did him this friendly office . For whether before to move him to intercede for him , or after in token of thankfulnesse ( though it be most likely it was after , because it is done at Tantallon , which must be after his releasement out of Rosselin ) he giveth to this Earle George a memorable remembrance . He , I say , being a noble man , and a notable active man besides , gives him his bond of service ( or Manreid ) and that in ample forme , and submisse terms , excepting none but the King and Queen . And that I may not seeme to speak without a warrant in so great a matter , scarce to be beleeved of some , and that I do rather amplifie things than set down the naked truth , I will set down the very words of the band , as it is extant in the hands of the Earle of Angus , which now is copied word by word , that every man may judge of it , as he thinks good . Be it knowne to all men by thir present Letters , me James Lord Hamilton , &c. to be comen , and by these presents to become Man of speciall service and retinue , for all the dayes of my life-time , to an high and mighty Lord George Earle of Angus , Lord Douglas , and Warden of the East and middle marches of Scotland , foregainst England . Before , and against all them that live , or die may ; mine allegeance to our soveraigne Lord the King , and my band of service to our soveraigne Lady the Queen Mary now present , allanerly out-tane . Promising all and sundry dutifull points in bands of retinue contained , to observe and keep to my Lord foresaid , as e●…eirs , for all the said time . In witnesse of the which thing I have gard set my seale . At Tantallon the 13. day of the moneth of May , the year of our Lord 1457 , &c. It hath been no small matter , nor small authoritie of him to whom it is given , that hath moved such a man to give such a Band. His credit hath been great , and Hamilton hath either received great benefit at his hand , or expected to receive some . I take it , that he hath procured his libertie , and obtained to him that favour in Court that our Writers speak of , to be of the Kings inward friends . I suppose also that kinred hath been of some moment to move him to it . The reason of my conjecture is , because we have heard before , that Elizabeth , sister to Margaret ( Countesse of Marre and Angus , and Grandmother to this Earle George ) was married to Sir Alexander Hamilton of Cadyow ( as some call him ) by which mean this James Lord Hamilton might be third from her , and the Earle of Angus and he Cousins twice removed , or fourths in kin , as we speak . But this I referre to them that have the monuments of that House . However , what more honour could have been done to the great House of Douglas in the greatest grandour thereof , than what is here done to the House of Angus ? Neither is it any dishonour to him that doth it . It is but folly to think so : Houses have their beginning and grouth : Mine to day , thine to morrow . This same Lord Hamilton by these beginnings , within a few years ( 17. or 18. at most ) shall lay such grounds of greatnesse , as shall lift his House above any subjects , to the very top of all , so as to have the Crown entailed to his Posteritie , and to enjoy it for a while as Regent and Governour . Let us remember the changes of the world , and the vicissitudes of Fortune , and let every man bear with patience , and hear with calmnesse , either what he is now , or what he was before . And this for the first domestick witnesse of honour and authoritie , credit and greatnesse of the House of Angus in this mans person . The other amongst Forrainers was greater ; which is this : The King of England , Henry the sixth , being overthrowne , and put out of his Kingdome and Countrey of England by the Duke of York , Edward the fourth ; he , and his son , and his Queen being come into Scotland for refuge , he indents with George Earle of Angus for his assistance , to help to restore him to his Kingdome , and bindes himself to give unto George Earle of Angus , and his heires , Lands lying betwixt Trent and Humber , worth 2000. Marks sterling of yearly rent . 2. That he should erect it in a Dutchie , and infe●…t the said Earle therein , in as free Knight-service as any Land in England ; and that the Earle , and his heires , should be Dukes thereof . 3. That in time of peace between Scotland and England , it should be lawfull for the said Earle , to repaire to England to his Dutchie , or to Court , or where he pleased , with an hundred horse in train . 4. And that if there happened to be warre betwixt the Countreyes , it should be lawfull for him to send 24 armed men , who should be under the King of England his protection , to gather and up-lift for his use , the rents and revenues of the said Dutchie . 5. That it should be lawfull for him , during the warres between the two Countreyes , to serve the King of Scotland ; which should no wayes prejudice him in the enjoying of his Lands ; neither should it be a cause of forfeiture or unlaw . 6. That he should not be bound to answer in person to the Parliaments of England , or any other Court of Justice ; and that neither he , nor his Tenants , should be fined for his non-compearance . 7. That this Indenture should be showne to the Pope , and ratified by him . And so it was ; sealed and subscribed with a ( Henry ) as long as the whole sheet of Parchment , the worst shapen letters , and the worst put together that I ever saw . And ( as I beleeve ) it hath a particular Letter of confirmation of the Pope in the hands of the Earle of Angus . It is thought that when William Earle of Douglas went secretly into England , that his errand was to this , or some such purpose , to have made a proffer of his service to King Henry , on these or the like conditions . For even then the seeds of civill discord were sowne , and began to bud sorth . But either because things were not as yet come to any ripenesse , or for that the Earle of Douglas was fallen into disgrace with his Prince , nothing was done . Now about the year 1460. ( in the minoritie of King James the third ) King Henry came into Scotland , and did thus transact with the Earle of Angus ; A rare thing , and whereof the like example is hard to be found in any subject , except it be the Earle of Douglas , concerning the Dutchie of Turaine with the King of France , which is not unlike in many things . Howsoever , this shews how little inferiour the house of Angus hath been to the house of Douglas in credit and authority at home and abroad . This Indenture took no effect , it being now too late , and King Henries estate brought to so low an ebbe , that both his friends and his fortune having forsaken , and turned their backs upon him , his aide could not suffice against the whole power of England to make head against King Edward , and to stoppe the current of his victories . Notwithstanding Angus gave him a taste of what he could have done for him , and shewed him in a notable exploite , how available his service would have been , if his case had not been desparate , and past recovery . Which though it were not rewarded with a Dutchie , yet doth it not want , nor ever shall want the due reward of high praise and honour as one of the hardiest , and greatest interprises , that hath been atcheived by any subject . The Queen ( King Henries wife ) had obtained of her friends in France a few souldiers , 300. of which were in the Castle of Anwick with Monsieur Brissac their commander . King Edward following his victories ; and that he might prevent or suppresse any commotion that might arise in the North parts , or out of Scotland was come to Durhame with a great Army . He himself remaining in the Town , sent abroad his Commanders to take in all such Castles as stood good for King Henry . Amongst others he sent the Earle of Warwick to besiege Anwick with 20000. men . He had another Army lying about Bambrough not far off from this , and a third besieging another Town . King Henry ( and more especially his Queen ) being very solicitous , for the French men dealt with the Earle of Angus very instantly to have them relieved . He promised to do his best , and performed no lesse than he promised . He assembled to the number of 10000. horse , amongst whom there were 500. empty horses or moe ( for commonly the best appointed have ever two horses for service ) upon which he might mount the French-men , and bring them away . So he marches toward Anwick , and when he came within a little space of the Castle , he ranged his men in order of battell in the sight of the English Army , making show as if he would have invaded them , or at least that he meant to bide them battell if they should offer to set upon him , or hinder him in his purposed businesse . In the meane time he sent those 500. spare horse conducted by some choice troups to a posterne of the Castle to receive the French , and so brought them away . Some of the the English esteeming it a great affront , to suffer them to be carried away in such sort from under their noses , advised the Earle of Warwick to stay them . But he was resolute in the contrary , and told them , that he had no commission to fight . And ( sayes he ) who knowes what more aide these may have near hand in the parke , or some other place . And suppose they have not , these are certainly all choice men able enough to sustaine our charge . They cannot take the Castle with them into Scotland ; let them take the men , I shall get the Castle , which is all that my commission bears . And so he lets them go , who returned into Scotland with the French men , an acceptable present chiefly to the Queen of England . This was a fair assay and preamble of his ensuing services , which being prevented by King Henries destinie , and his death , were smothered in the cradle , and his Dutchie engrossed in parchment to have lien betwixt Trent and Humber , is confined to a narrower precinct within the compasse of a Coffer . Notwithstanding of this greatnesse and power , to make him yet stronger , and more puissant on the borders , he did excambe his Lands in the Maines and Clarberon with Robert Grahame of old Monrosse , and got for them the Lands of Eskedale upon the border . He contracted his sonne Archbald , and his heir apparant to Catherine daughter to Alexander Earle of Huntly , or to any other of his daughters which the said George should choose . The portion 2000. markes , the termes of payment 10. years , 100. markes every terme . That if Archbald should die , his brother ( whom the Indenture doth not name ) should marrie one of the said Earle of Huntlies daughters . That the Earle of Angus should give his sonne 100. mark Land in Angus . That Archbald after he be seven years old shall be given to the Earle of Huntly , and the Earle of Huntlies daughter to the Earle of Angus . The Indenture is dated at Saint Andrews 1461. the last of September . This marriage took no effect , what ever were the cause thereof . Either before or after this there fell out a dissention amongst the Estates about the choosing of a governour and protectour for the young King James the third . In which he and his brother Bishop Kennedie with the greatest part of the Nobilitie , opposed themselves to the Queen , who pretended to be Tutrix , and had now usurped that place a year , while as the Nobilitie being busied in the Warres , had no leasure to look into these things . The Queene and such as followed her remained in the Castle , and the other party in the Abbey of Halyroodhouse . A Convention being appointed , the Queene and her faction came to the Parliament house , and declared her Tutrix , So soon as this was known , the Earle of Angus , and James Kennedie came up to the market place , where the said Bishop declares that their intention was nothing else but to maintain their old law , and the ancient practice of the Countrey , which was that in such cases the Nobilitie should choose one whom they thought most fit to undergo that charge of governing , which was for the good both of the King and Countrey , whereas they of the other party intended nothing but their own particular advantage , as he should show more evidently , in time and place convenient . After this speech , as they retired to their lodging , they were advertised that those who were in the Castle with the Queen , were coming down in armes to assault them , or to have hindered them from making this declaration . The Earle of Angus thinking it a great indignitie , that they being more in number , and better in qualitie , should give place to the weaker , and the meaner and inferiour partie , and that in such sort as might seeme to be a direct flight , could scarce be retained , but that he would needs turne upon them and fight , though he were not armed , as they were . But the matter was composed by the mediation of the Bishops of Glasgow , Galloway , and Dumblane , and assurance given for a moneth . After the expiring whereof , having entred into a new consultation , with more peaceable and calme mindes , both parties agreed , that the King and Countrey should be governed by foure Noblemen , two of which should be chosen out of the Queenes partie , and two out of the other . For the Queen she chose William Lord Grahame , and Robert Lord Boyd , then Chancellour ; for the oother side they chose Robert Earle of Orkney , and John Lord Kennedie , all chief of their Name and Families . Here is no mention of the Earle of Angus , which makes me think he hath died in this mean time , during the Truce , otherwise being principall of this other side , they would not have neglected him . Sure he died much about this time , which seemes to have been in the year 1462. Neither did his brother Bishop Kennedies businesse go so well after this . He was buried in Abernethie amongst his Predecessours . His wife ( after his death ) is said to have married a younger brother of the Captain of Crawford , and that she got from her sonne Archbald the Lands of Balmoodie in Fife , and that the house of Balmoodie is descended of her . Which notwithstanding , we finde her binde her self for relief of her sonne for the payment of her daughters portion , 1479. as a free person making no mention of a husband . It is true he might also have been dead ; then the space being 17. or 18. years . But if her sonne were so liberall as to give her such Lands , he would never have troubled her to binde her self for his relief in the payment of his sisters portion in likelihood . Of the first Archbald , sixth Earle of Angus , called commonly , Bell the Cat. TO George succeeded Archbald his sonne and heir , a boy about 5. or 6. years of age at the most . For in the year 1461. the last of September , he is not 7. as appears by the Indenture made betwixt his father and the Earle of Huntly concerning his marriage . It took no effect : but in place thereof he marries Elizabeth Boyde , daughter to Robert Lord Boyde , then one of the Governours of Scotland , viz. in the year 1468. the fourth of May. Which makes it seem that the match hath not failed on the Earle of Huntlies part , but on his , or at least theirs to whose tuition he hath been committed . They , or hee preferring credit at Court before their keeping and fulfilling of the Contract made by his father . But it was little to their advantage , for the next year after that the Court was changed , the Boydes were discarded ; his brother in law Thomas Boyde ( sonne to Robert ) banished , and his wife ( the Kings sister ) taken from him , and his brother Alexander Boyde execute . As for their father Lord Robert himself , he fled into England . And this is all the fruits he reaps by his marrying for Court. He was by this our calculation 14. years of age at the most ; and yet his Lady gets seasing of Abernethie upon his resignation the same year the 1. of May. It is not unlikely that one William Douglas of Clunie hath had some hand in the guiding of his minoritie , for we finde that the wardship of the Lands of Tantallon , and Earledome of Douglas was given to him ; and he having again resigned it into the Kings hands , the King makes a new disposition thereof to Archbald , non obstante non aetate ejusdem , notwithstanding his nonage , which was then 16. years 1470. the 26. of June . Six years after , he hath care of his sisters Contracts by himself with Fintrie for one of them ; and three years after that he takes upon him the burden for his mother , and hath her bound for his relief 1479. as hath been said in his fathers life , being then about 25. years of age . This dutifulnesse towards his sisters , deserves that he should be blessed with children of his own , and that he should have good successe in his affairs who begins so well . And so it was with him : for he had by his wife foure sonnes , and three daughters , all honourably provided . His sonnes were , first George called commonly Master of Angus , because he came never to be Earle , being slain at Flowdon before his father died . The second , Sir William of Glenbarvie , who married Elizabeth Authenleck , heir of Glenbarvie . Third Gawin , who was Bishop of Duncale , a man of singular wisedome and prudencie , and well lettered according to the times . This Gawin had a base daughter , of whom the house of Foulewood ( Semple ) is descended . We shall have occasion to speak something of him in the life of Archbald his brothers son , in whose time he lived . The Duke of Albanie being Governour , having conceived some jealousie against the Earle of Angus , and the Douglasses , whereupon Angus was sent to France , and his uncle this Bishop was sent for to Rome by letters from the Pope , at the Governours procuring , to answer to such accusations as were given in against him . As he was going thither , he was seased of the plague at London in the year 1522. and died there ; leaving behinde him great approbation of his vertues , and love of his person , in the hearts of all good men . For besides the nobilitie of his birth , the dignitie and comelinesse of his personage , he was learned , temperate , and of singular moderation of minde ; and in these so turbulent times , had alwayes carried himself amongst all the Factions of the Nobilitie equally , and with a minde to make peace , and not to stir up parties ; which qualities were very rare in a Clergie-man of those dayes . He wrote in his native tongue diverse things . But his chiefest work is the translation of Virgil , yet extant in verse , in which he ties himself so strictly as is possible , and yet it is so well expressed , that whosoever shall assay to do the like , will finde it a hard piece of work to go through with . In his Prologues before every Book , where he hath his libertie , he sheweth a naturall , and ample vein of poesie , so pure , pleasant , and judicious , that I beleeve there is none that hath written before , or since , but cometh short of him . And in my opinion , there is not such a piece to be found , as is his Prologue to the 8. Book , beginning ( of Dreams and of Drivelings &c. ) at least in our language . The fourth son was Archbald Douglas of Kilspindie , who married a daughter of one Little in Edinburgh . He had by her Archbald of Kilspindie , who was Provest of Edinburgh in King James the fifth his minoritie , and was married to the Earle of Crawford his daughter , by whom he had first Patrick , secondly Alexander , and thirdly James . Patrick was married to one Murray , a daughter of the house of Balbaird , by whom he had William . After that he married Agnes , daughter to the Lord Gray , and had by her two sons , and two daughters . And thus much of his sons . His daughters were first Marjorie , married to Cudbert Lord of Kilmaers in the year 1491. Her portion was 1700. Marks . Secondly , Elizabeth , married to Robert Lile Lord Chief Justice . Her portion was 1000. Marks , whereof 100. pounds was to be payed at the first Terme , and then 50. pounds termely till all were payed . It is with dispensation , which is a signe that they have been in kin before the year 1493. Thirdly , Jennet , whom we finde contracted to Robert Lord Harris , in the year 1495. Novemb. 22. to be married , and that he shal divorce from the wife he had , so soon as can be . That she in the mean time shall not marry elsewhere . For which cause she is infeft in his Lands of Tarrigla , with the Kings confirmation past thereupon , the same year and day . Her portion is , that the said Earle then Chancellour , shall procure his Lands to be new holden of the King. This fact , for a man to contract to part with the wife he hath , and marry another , as it is harsh to conceive , so being done so solemnely by such persons , we must suppose it had sufficient and honest grounds . For certainly the Earle of Angus , being withall Chancellour for the time , needed not to hunt after unlawfull or unseemly marriages for his daughters . Some reckon a fourth daughter , whom they name not , but say she was eldest , and married to the Earle of Montrose , this Earles great Grandfathers father : but because I have not seen any monument of her , I reserved her to the last place . He had also sundry bastard sonnes after his wifes death . First William of the Parkhead , of whom the house of the Parkhead is come , and the Lord of Torthorrell by his mother . Secondly James of Tod-holes : And thirdly one that ( they say ) was gotten in Glenbarvie , born after his decease . But this seemes to be false , because they affirm commonly , that after the field of Flowdon ( where his sonne George was slain ) he went into Galloway to Saint Maines , and lived the space of a year an austere life . Then he was not thus incontinent , if that be true , neither came he to Glenbarvie , seeing he lived in Galloway . He had also a base daughter . And thus much of his children . To come to himself : we have heard how his father Earle George raised the house of Angus to such greatnesse of credit and authoritie , that it was become not much inferiour to the house of Douglas , to which it had succeeded . Archbald his son did no way diminish it . But when he came to be of years fit for managing affairs , he so behaved himself , and gained so good opinion of his wisedome and courage , that the whole burden of the estate of the Countrey did lye upon him alone . And for that cause chiefly he is commonly designed by the epithete of The great Earle of Angus . For as touching his Lands and Rents , we finde no great augmentation of them , save that he provided his children well . If we consider the means , it hath been his own worth and sufficiencie that hath brought him to it : for he began indeed his marriage with Court , as a fit mean whereby to rise ; but that lasted but short while , as we have heard . The Court changing , it was rather a mean to have wrought him discredit . Notwithstanding of which , and though he was young himself , we finde nothing , but that his businesse went right . He got his own wardship , even when his alliance were at the hardest pinch , that same very year that Thomas Boyd had his wife taken from him , and married to another . His successe in the marriage of his sisters doth also show the same . Neither hear wee of any hard effect that their dis-courting did produce toward him . It was he that was the chief actor in taking order with Robert Cochran , and the other Courtiers , that did abuse the King and Countrey . He propounds the matter to the Nobilitie , he opens up the estate of things , he puts hand to work , and executes what was concluded . The rest consent , and follow , he goeth before in every thing . And even then when he did all this , he was of no great age , not above five and twentie ; and yet his credit , power , and authoritie , was able to go through with it . The History is written at length in our Chronicle , we need do no more but transume it . Neither is it necessary that we do that to the full , it will suffice to set down onely what is requisite for laying open the occasion and circumstances for clearing of the fact , that the Reader may the better discerne the right from the wrong , which otherwise lye confused . Thus it was . King James the third of that name , a man of a great and high spirit , and of a hastie nature , and prone to anger , and such a one as would not suffer patiently his own judgement to be contradicted , could not away with that freedome of speech , which he found in his Nobilitie : wherefore hee made choice of such to be about him , as would not correct , but approve all his sayings , and who would not offend him by gainsaying , but did curie-favour by soothing of him , and who with flattering admiration did extoll all that he said , or did . Wherefore excluding the Nobilitie , he was wholly at the devotion of a few of his servants with whom he advised , and consulted of all busines , and either followed their opinions , or made them to consent , and execute his will. Thus he began to do about the year 1474. having after his marriage ( in the year 1470. ) addicted himself most part to his domesticke , and private pleasures , seldome coming abroad , or giving time to the affaires of his Kingdome . He had gotten about him base men both in place and worth , whom he had advanced to honours , and nobilitated . Amongst these there was one Robert Coghran a Mason by his trade , whom he made Earle of Marre , An English singing man called William Rogers , whom he honoured with Knight-hood , with diverse others of meane rank and qualitie , whose chief commendation was that they were impudently wicked , and villanous . This Rogers is thought also to have been his Pander , and an enticer of him to lewdnesse and wronging his Queen . Amongst these base men , there was one Gentleman of good birth , but he seeing the Kings inclination , had set himself fully to follow it in all things ; wherefore he had given his daughter to Robert Coghran in marriage as a bond of friendship and societie , his name was Thomas Preston . There was also a young page John Ramsay , who was of the same combination . These were the Kings Minions , Counsellours , and whole confidence . On these he reposed , and cast the burden of affaires . Their hopes were built upon the ruine of the Nobilitie , that by their fall they themselves might rise . These were Counsellours and Executioners of the murder of his younger brother John ; and had caused him to commit his other brother Alexander to prison in the Castle , who had died likewise , if he had not found means to escape in the night , by making a rope of his bed-clothes , and so got over the wall . To these great evils there were joyned worse things . He had given himself to seek responses , and predictions of things to come , chiefly concerning his own estate , of Magiciens , and Witches . He had for that purpose brought one out of Flanders that was thought very skilfull in divining , named Andrew a Physician by profession , and Astrologer . This man had given the Kings Ambassadours some proof of his cunning when they went through Flanders to the Duke of Burgundie . He hearing whether they were going , told them they needed not to make any great haste , for they should hear news of the Duke ere it were long . And so they did indeed , for within three dayes they heard that he was slain . When they came home they related this to the King , extoll his skill , and inslame his minde ; which was too prone of it self , with desire to hear him . So he was sent for , and being come , was presented with many rich gifts . And good reason he should , if he could withall have instructed the King how to avoide the evils that were to come . But meerly to foretell evill which could not be shunned , it was too dear bought evil tidings . Yet that is all he doth , tels him that his own should be his ruine . The King interprets it of his brethren , his kins-men , and his subjects , especially the chief of the Nobilitie . Whereupon being suspicious and jealous of all others , he trusted none but his foresaid Minions . By these doings he makes way for the fates , by slaying or warding his brother , he irritates the Nobilitie , he suspecting them , and being suspected of them by a mutuall fear . They to secure themselves ; put hand into the Courteours who were the authours of these evils ; he interprets that to be Rebellion against himself , and seeks how to be revenged . They for their safety are driven from point to point , constrained by necessitie for the preservation of their lives , cast off all respect , and take Arms openly , drawes his sonne to the party ( his own nearest according to his responses ) whereon ensues his ruine . This is the effect of seeking to Magiciens and sooth-sayers , whereof we seldome hear a better end . And it is but deservedly , that those that leave the authour and fountaine of all good , who guides all by his providence , to follow follies and superstition , and the authour of all evil and wickednesse should be thus served . This is the effect of pride and arrogancie , that leans onely to its own judgement , and will not give way and libertie to admonish and informe rightly . Upon which , other inconvenients do follow by degrees : First with-drawing the ear from faithfull Counsellours , then giving themselves to flatterers , then entertaining of these , and rejecting and casting off others , whereof ariseth suspicions , jealousies , wrongs , injustice , from hence shedding of bloud under colour of law , or without colour in open Tyranny , as no man at first becomes extreamly wicked . At last followes the ruine of the authours , together with the ruine of others . To return to our point , it came so about here . The warre began betwixt Scotland and England ; An Army behooved to be raised , and for the raising thereof the Nobilitie must be conveened . Loath were those new men to the work , they knew not what they might think when they were conveened . But there was no remedie , their privie counselling could not sustaine the warres . That was the part of the Noblemen , and could not be done without them . So they are conveened ; the Army raised marches toward the borders , on to Lawder they go . It is a Town in the confines of Merse and Tivedale , which countries were both wasted by the incursions of the enemy . Nothing will make men wise where there is ruine determined . The place , the time , the enemy , the necessitie to use the Nobilitie , could not serve to admonish the King and his Courteours to give them some small countenance and contentment . Whom they were constrained to employ , they would not endeavour to please . On they go with their wonted course . The King only countenances , consults , advises with his Cabin-councell . Neglects the Nobilitie and distrusts them . It had been strange if they had not recented it ; and as strange if they had not remedied it . Now was the time or never . The force , power and all was in their own hands . They disdain it , they regrate it in private one to another . They agree on the generall , that some order must be taken with these disorders . They appoint a meeting for advising of the forme and particular manner how and what to do . The place , Lawder Kirk ; the time , next morning betimes . Thither they come at the time prefixt . Here the Earle of Angus , first in place and rank , first in credit , first in authority and their account , is also first in speech , and is said first thus to have opened up the matter unto them . My honourable Lords , I hold it not needfull to go about with many words to set before you the Estate of this Kingdome . For some things you your selves remember , some you see before your eyes . Our chief Noblemen are thrust into exile , and forced either to suffer intolerably , or do unjustly . And you who are the Arms and Limbs of this Kingdome are left without a head , as a Ship without a Pilot and Master , exposed to the storms and tempests of fortune . Our fields are burnt , our goods carried away , the labourers killed , or seeing no other remedie of their manifold miseries , have yeelded themselves to the enemy . His Majestie in the mean time a man indeed ( if he were himself ) of a generous minde and rare understanding , bewitched in his affection , asketh no advice or counsell of his Nobilitie , but consulteth of peace and warre , of the good of the Countrey , and safety of us all with a few base , vile , and ignorant fellows , who by relating the predictions of Sorcerers and Magicians , fill his sick minde with vaine fear and superstition . And these men determine and set down decrees of our lives and estates , who knowing that they merit the hatred of all men , do therefore hate all men . Neither do they seek onely to lessen your authority , but to strike off your heads by one plot or other . Some of you they have already made away by death , others by banishment . Neither do they , as commonly new risers do , climbe up to the highest places by degrees , but they make the carcasses of the Kings sonnes steps for them to mount upon , and water their growing honours with the Bloud Royall it self . One of his brothers they have most cruelly murdered , the other they have constrained for fear to forsake his Countrey , and become a Captain in the enemies Camp. And now being rid of them , they lye in wait for the rest . For being conscious of their own basenesse , they cannot endure any that is excellent or eminent . Whoso hath riches to satisfie their avarice , or power to assist their bold attempts , him they reckon for their enemy . And do we prepare our selves to withstand the common enemy ? And encampe against England ? As if any were more deadly and more to be feared then he whose greedinesse our goods cannot suffice , and whose thirst of slaughter our bloud is not able to quench . Now that you may know how much this inward plague is worse than that outward foe , put the case that England ( which God forbid ) should overcome , what could we look for at their hands ? what would they make the end of their hatred , or reward of their victory ? The death of the King do you think , or of your selves ? verily , I beleeve neither . Our contentions have not been for lives , but for honour and empire . And a noble heart , as it is vehement and violent against those that oppose , so is it easily mitigated by prayer and entreaty ; and even with the consideration of the instabilitie of humane affairs it is moved to pity and compassion . But let us suppose the worst , that they being mindefull of our old debates , and puffed up with present victory would take the Kings life , which of these two doth deal more easily with us ? He that by depriving us of life , doth also take away all sense of evil ; or he that reserveth that to daily tortures and torments , which next after our God , should be most dear to us ? who besotting the minde with Witch-craft , do animate the King to the destruction of his nearest kindred , who detaine him like a captive , and will not suffer him at any time to show his face to his loyall Subjects ? that they may enjoy the comfort of his countenance , and he behold their service for his honour and safety . They are not so much to be reputed enemies , who with displayed banner professe hostility , as they who within the wals lye in Ambush for your overthrowe . who drawing away his Majesties affection from his friends betray him to his enemies , and making you destitute of a leader , would expose you to the mercie of your enemies . Into whose hands if you do fall , though perhaps you escape death , yet shall you not eschew shame and ignominie , and which is worse than a thousand deaths , servitude , and bondage . If you get the day and be victorious , you shall not for all that , acquire that which is the end and fruit of victory , honour and renown to your King , rest and quietnesse to your selves , and to your posteritie , a flourishing and prosperous estate of your Countrey , but on the contrary a greater liberty to your adversaries for the present , and greater security for the time to come , ruine and destruction to your selves ; and to your King a worse slavery , So that by vanquishing you shall not be so much freed from troubles abroad , as you shall increase your miseries at home . Wherefore my opinion is , to speak it in a word , that first we shake off this yoke of servitude at home , before we enter into fight with the forraine enemie . Otherwise all of us shall be slaves to the will and pleasure of a few , we shall strengthen our enemies , and become Traitours to the common-wealth . What you shall resolve to do , I pray God to prosper . When the Earle had ended his speech , there arose a confused murmure throughout the whole Assembly , for they had not the patience to give their votes in order , but all cryed out together , testifying their approbation and assent to his speech and opinion . Amongst others there present , the Lord Gray was one , whom some would have to be he that slew the Earle of Douglas at Stirlin , commonly called Cowe-Gray . But if it were he , he behoved to be of great age now , and of greater at the battell of Bannock-burne , where he is also said to have been : wherefore I take it rather that this hath been his son . However , the Lord Gray heard all , and seeing their forwardnesse , craved audience , and told them the Apologue of the Mice , who consulting in a publick meeting , how to be sure from the Cats surprising of them , found out a very good way , which was to hang a bell about her neck , that would ring as she stepped , and so give them warning of her approach , that they might save themselves by flight . But when it came to be questioned who would undertake to tie the bell about the Cats neck , there was never a mouse durst cheep or undertake it . The Earle of Angus understood his meaning , and what application was to be made of it , wherefore he answered shortly , I will Bell the Cat , and what your Lordships conclude to be done , shall not lack execution . For this answer , he was alwayes after this named Archbald Bell the Cat. And so they concluded , that these wicked Counsellours , and their Complices the Courtiers of the same qualitie , and stamp , should be brought to judgement , and punished according to their deserts . In the execution whereof their main care was that no inconvenient should come to the King , which because it might fall out in a tumult , they ordained that the Army should lye quiet , and onely the Noblemen with their houshold servants should go to Court , and apprehend them as peaceably and calmly as possible they could . After the meeting was broken up , as they were going along , they encountred by the way with Robert Cochran , whom the King ( informed of their meeting ) had sent to know what the matter was : For it seemed to be some businesse of moment , and great importance that had moved such men to conveen at such an houre , so early in the morning . He had about his neck a gold chain of great weight , which the Earle of Angus took hold of , and straining it a little , This chain , said he , doth not become a man of your rank , but I shall ere long , give you one that will become you to weare farre better , and so pulling the chain from his neck , he delivered him to one of his men to be kept sure . After that he went on to the Kings lodging , where the Guard and others that were present astonished with the suddennesse of his coming , or reverencing the dignitie and majestie of his person gave place , and shrank away , so that the rest were easily apprehended without resistance or tumult . Onely John Ramsay fled to the King , and clasped his arms about his middle , and at the Kings request was pardoned in respect of his youth which excused his errours , and seemed to promise for him , that he would do no more so . The rest were led forth , and accused . 1. Of causing kill the Kings brother John. 2. Of inciting the King , and animating him against his other brother Alexander Duke of Albaine , so as to banish him : 3. Of sowing dissention betwixt the King and his Nobles . 4. Of drawing him to superstition , witch-craft , and magick to the offence of God , and slander of Religion . 5. Of perswading him to coyne a certain kinde of brasse , coyne of no value , which the people called the black coyne , which fact of all other was most odious to the vulgar . For hereupon had ensued great dearth of corns and victuall , while as the owners did choose rather to suffer their graine to rot in their Garners , then under the name of selling to give them to the buyers , for so they thought it to be a gift , and not a sale . Their accusations were no sooner read , but all cryed out against them ; and so they were condemned to be hanged over the bridge of Lawder . That sentence pronounced , was so acceptable to all that heard it , that they ran and brought their horse halters , and bridle reines to serve for ropes , and strive who should have the honour therein , the whole Army , and Nobilitie concurring and assisting at their execution . And thus they did remove those men , whom the good of the King , of the Nobilitie , and whole Countrey required necessarily to be removed from their Prince . Yet it was done with as great respect to himself , as it could be in such a case , where matters were to proceed contrary to his minde . They offer his person no violence , they do not mis-behave themselves in words : they are carefull it be not done by any in a tumult , and therefore come accompanied with the fewer number . They grant his desire when he did interceed for one of the guiltie , which shewes how willing they would have been to have granted the test also , if it could have been done safely . A very remarkable and rare example of carefulnesse of the Common-wealth , joyned with all modestie , love , and dutifulnesse towards their King. Their behaviour was just such as Lawyers prescribe in such cases , who accounting the person of the Prince sacred , and not to be touched any way , do allow that their wicked counsellours and abusers only be taken order with , where the good of the Countrey enforceth it . Wherein the Earle of Angus being the principall actour , the chief commendation thereof can not be taken from him ; the praise , I say , not onely of wisedome in propounding , and perswading , of courage and resolution in under-taking , but also of discreet moderation , and dutifull regard to the King , in performing of this action without tumult , or uprore . Happie had the King been , if he could have taken it up rightly , and as he saw how far his wicked abusers were hated , he had also read their love and regard of his person , that appeared in every act of this Tragick Comedie , written in fair and Capitall Letters . He made show , as if he had taken all in good part , but it was not in sinceritie . He accounted it high treason and rebellion , and set his minde wholly on revenge . He saw what was done to his Courtiers , but he would not see the respect carried to himself ; for upon this occasion the Army dissolving , so soon as he came to Edinburgh , and found himself at libertie , he retired to the Castle with a few of his familiar friends , as not daring to trust his Nobilitie . Which when they perceived , they had their private meetings and consultations apart . Hereupon his brother Alexander moves the King of England to send an Army with the Earle of Glocester , hoping to do somewhat for himself . And so he doth ; for the Nobilitie sent for him , and made him chief man of the party , under the name of Generall Lieutenant of Scotland . The King remained in the Castle , from whence he is brought out , and restored to his own place , his brother endeavouring by modestie to approve his uprightnesse , and banish all jealousies by his actions . But all would not do ; he continues his jealousie , and the effects of jealousie , an evill minde , and ill-will . Intends to make him away , some say by poison ; whereof he being advertised , with-drawes himself again into England ; and that he might be the more welcome thither , he put the Castle of Dumbar into their hands . Neither doth he bear any better minde toward the Nobilitie ; but still intends their ruines , making up a heap of crimes , calling all their proceedings and actions rebellious . And after a short while , the Courtiers began to follow the foot-steps of those that had gone before them , and nothing terrified with the example of their end , began to trade the same path that they had done . John Ramsay ( who was pardoned at Lawder ) procured an edict from the King , that none but he and his followers should go armed in those places where the Kings Court did converse . The King thought it was hard for him to deale with them all at once , therefore they must be divided . For this effect he insinuates himself , and becomes very familiar with a part of them , and advanceth them to honours . He makes the Earle of Crawford , Duke of Monrosse , a great and powerfull man. But who was so sit for his service as the Earle of Angus ? he makes as if he were fully reconciled to him , hath him continually about him , countenanceth him every way , communicates with him his most secret affairs , some say he made him Chancellour ; but the Chancellour ( Andrew Stuart Lord of Evendale ) was even now living , at the coming in of Alexander Duke of Albanie ; neither hear we of his death , neither do we finde in old Evidents , that the Earle of Angus is entituled Chancellour , before 1493. which is after this Kings death , in King James the fourth his time , though we have Evidents of the year 1488. and 89. To him the King opens his mind so far , as finding that the principal of the Nobility were in Edinburgh the K. sends for Angus to the Castle , tells him that now he hath a fair occasion to be avenged of his enemies , that he would cause seize and apprehend them : for if the Leaders and Chief of the Faction were once cut off , the rest would not dare to stirre : that if he should neglect this opportunitie , he could hardly look for the like hereafter . Some say , that he purposed to have invited them to a supper in the Castle , and so to have laid hands on them , others say , that he meant to have caused take them in their lodgings in the night , which is not unlikely . The Earle of Angus , though he were no very old Cat ( some 31. or 32. ) if that was 1486. as it should seem , yet was he too warie and circumspect to be drawne by a straw . He knew himself to be as guilty as any of them , and as much hated for his guilt . But he was now within the Castle , and had need to carry himself wisely . To refuse , might endanger his life ; to consent he could not , it was so grosse and foule . Wherefore he frames his answer after such a kinde , as might be both safe for himself , and no waies prejudiciall to the rest . He tells him what a disgrace it would be for him , if without order of law he should ( all of a sudden ) bring so many Noblemen to the scaffold without a crime , to whom he was but lately reconciled , and had promised remission of all that was past , especially at such a time when they trusted to the publick assurance given them for their securitie . Neither will those that remain , said he , be terrified , and dismayed with the death of these few , but be irritated and driven to despair , and so to greater violence . But if it will please your Majestie to follow my advice , I shall tell you a better way to give you satisfaction . Do but charge and summond any of them at any time to under-lye the law , and I with my friends and followers shall bring them in by force openly , and in fair day light , to what place you please , where execution may be done according to law , which is not onely more safe , but more honourable , than either to betray them under colour of friendship , and feasting , or to invade them in the night , as if they were set on bytheeves and robbers . This being spoken with that grace and courage wherewith he used to accompanie his actions , the King acknowledging it was true that he said , and knowing he was able to performe what he promised , supposing he spake in sinceritie , gave him many thanks , and having loaded him with as many promises , dismissed him . Assoon as he was come to his lodging , he revealed all to the Noblemen , and withall went himself out of the Town . From that time forth there was no more peace . The Kings counsell being revealed , he distrusted all men . The Nobilitie seeing his resolution to ruine them , and that there was no trust to be given to his words , despairing of concord ; whereas they had before sought his amendement , and not his over-throw , retaining ever a dutifull love and regard to his Person , now they set themselves , and lay all the plots they can how to undo him . Yet can they not be alienated from the race of their Kings . His son had not offended , and fell to succeed . They affect him for their Captain . He is also most acceptable , and most agreeable to the people , and so fittest for them . Others might be suspected , envied , or mis-interpreted . Wherefore they allure him to their partie by his keepers , and his keepers perswade him by feare of being disinherited , and put besides his succession to the Crown . And now the parties are adressed , the King and his own son . There was divers times mention of peace , but where all trust was taken away , it could not be established . They send the King word flatly , they could not give credit to his promises . And so there was no way to mediate a peace , but by his dimission of the Crown to his son . That condition was intollerable ; he aggravates it to forrain Princes , and to the Pope , shewing what an ill president it was for all Princes . But before any help can come from thence , the Lords make haste to come to a conclusion , which fell out according to their desire . The Kings Forces lay most part beyond Forth , and in the Northerne parts . For conveening of them , Stirlin was the fittest place . Thither he takes his way with the Forces he had : The Nobilitie following as near as they could come to him . Yet was he gone before them , and might first have come to the Castle . But being excluded by the keeper , he is constrained to hazard the battell at Bannock-burn . There , having overthrown the vanguard of the enemy , he was overthrown by the Anandale men , & west-borderers that bare longer spears than they that were on the Kings side . The King himself hurt with the fall of his horse , and wounded in the right arme , fled unto a water-mill that was near unto the place , with intention to have fled to his Ships . But he was perceived , and known by the partisans of his Guard , that stuck to him ( which were trimmed with white fringes or fasses ) and followed by Patrick Lord Gray , and Stirlin ( of Keir ) and a Priest named Borthwick . Which of these , or if all of them fell upon him it is uncertain , but there he was slain by them . Fame layes it most on the Lord Gray , who if it were Cowe-Gray ; it seemes his apprentiship and his practice in his old age have been very sutable . For he it was that slew William Earle of Douglas at Stirlin , under this Kings father 35. or 36. year before this . He hath put a long time between his assay , and his master-piece , and gone too high in it . If it was his son , he hath followed well his fathers example , and gone beyond him also . All this while the Earle of Angus part was honourable and kindly , his heart could not digest the slaughter of his King. He sought his own safety , and to shorten the reins of his unbridled minde , but for his life , he neither sought it , nor could he suffer it to be taken so farre as he could hinder it . Wherefore seeing the victorie to be on their side , he cryed oft to save the King , attesting all for their love to God , and for their respect to the young Prince his sonne , that they should do him no harm . This was cast in his teeth by the way of reproach as childishnesse , or too much tendernesse of heart at such a time , by the Lord Gray . There were slain on the Kings side the Earle of Glencarne ( and a few of his fellows ) the Earle of Angus married his daughter three years after , to Robert Lord Kilmaers son or rather Grand-childe to this Earle of Glencarne . This happened 1488. the 28. of King James Raigne , and 35. of his age . But the Warre did not end with the death of the King. The old Kings faction was rather scattered than broken , chiefly his Navy and Sea Forces , of which the Captain ( Andrew Wood ) stood out obstinatly . In the North the Lord Forbes had gotten the Kings bloudy shirt , & carrying it upon a spears point like an ensinge , through Aberdene and other Towns stirred up all he could to revenge the Kings slaughter . In the Westerne parts of the Kingdome , the Earle of Lennox assembled his power , and divers moe with him did send their messengers to and fro , exhorting the people every where not to suffer so detestable a murder un-revenged ; forbidding them to scarre at the shadow of the present Kings authority , whom these Parricides did detaine a captive to countenance their wickednesse , he being rather a prisoner than a Prince , the whole power resting in the hands of the Douglasses , Humes , and Hepburnes . That even in that regard they would take Arms to free him from their tyrannie , who would make the World beleeve that he being but a childe of 15. years of age were so unnaturall as to allow of his fathers murder . Besides all this the English made some trouble by Sea with five Ships , which lay in the mouth of Forth , and not onely infested the Merchants and such as did trade by Sea , but also many times came a Shore , and pillaged the Countrey . These were prognosticks of a storm arising , and of a tempest as great as had been from the West , from the North , and from the Sea. But these droping Clouds which threatned an after-clap were quickly dispersed by the prudent handling of the other party . Andrew Wood was intreated , and brought not onely to be no enemy , but also to set upon the English Ships , which he did with his own two onely , and brought in the five English to Leith . Lennox was defeated by the Lord Drummond , whose daughter George master of Angus had married : and the Northern men hearing of it sat quiet , and stirred not . And for conclusion a Parliament was held at Edinburgh the 6. of November , where all that was done at Bannock-burne was decerned to be good service , and that those that were slain there , were slain through their own default , and that those that had taken Arms against them were free from all crime . This had been done before in the Parliament when the King was crowned , but there were so few present then , that they thought it necessary to renew it here , where both parties were present . And so it was not onely enacted , but subscribed by all that had vote in Parliament . Thus did Angus with the rest of his associats governe those matters which seemed to be very hard to settle , both wisely and moderately . For they used not their victory and power either cruelly or covetously . They forgave sincerely those that came in and yeelded , and punished gently the more obstinate , fining them in their goods , or taking from them some portion , or parcell of their Lands and Possessions ; but there was no man ruined , or wholly undone by them ; And so they both pacified things , and did not much displease the parties , who bare it patiently when they called to remembrance for what small faults , and upon what slight pretences men were turned out of their whole Estates in the late Kings time . By these meanes they procured a true and sincere peace among the Subjects , strengthened with a generall love and submission of both parties to the King. And to confirme all the two principalls of the other party Lennox and Forbes came in , and were received into favour : Many attribute the commendation of all this to the King himself , whose inclination ( it cannot be denied ) was good ; but to speak the truth , as it is , he was but young , and not a Guider , but guided , even by the confession of the adverse partie . Neither could he of himself have carried things so wisely , for all his good disposition ; neither was he able to have done it , though he had been skilfull , if there had not been great moderation in those that were about him . Wherefore seeing both common report , and our Histories also make our Douglasses , Humes , and Hepburnes , the chief authors and actors in these matters ; I see no reason why we should defraude them of their due commendation of being men that were dutifull to their Countrey , and withall very respective to their King , having laboured all they could to reclaim him , and after he had shut himself up in the Castle , restoring him to his full authority , and even when he was seeking their lives , they did tolerate him a good while , being very loath to come to extremity . And last being forced to it by necessitie for the preservation of their own lives , they had regard to the race of their Princes , yea to himself , and his life in the greatest heat of the battell , ever willing and desirous to save him . And then after the victorie , we see how moderate they were against their detractours , slanderers , and profest enemies that had taken Arms against them , how meek in bearing with them , how carefull too , with calmnesse to reconcile them , how gentle in using of them , how wise and prudent in the whole progresse of pacification . And above all the moderation of their desires is to be remarked ; for they did neither increase their estates , nor enrich themselves on whit , by spoiling or violent seizing of any mans Lands or Goods . The Earle of Angus was made Chancellour . But that was after the death of the Lord Evendale , and so it was not taken from any other man , neither was there any wrong in it . And on whom could it have been so well bestowed ? who was so fit for it ? and who so worthy of it ? Besides , it seemes that he got it not in the Kings minority , when he had all power in his own hand under the shadow of the Kings name , and so might have extorted it from the King in those troublous times , for he is never termed Chancellour untill the year 1493. which was 5. years after Bannock-burne , and then all the troubles were quieted and pacified , and the King came to be 20. years of age , able to guide his affairs by himself . The Lord Hume is also made great Chamberlaine of Scotland , yet that was also in the Kings power to give , and belonged to no man. What other casuality , or benefite they acquired by the Kings liberality , we finde not , unlesse it were the Guardianship of the inheritrix of Glenbarvie , which Angus got , whom he married to his son William . But suppose they did get any such thing , yet was it without injury to any man and un-reproveably . Wherefore we may say justly , that no Princes minority was ever so moderately and innocently , so justly , wisely , and prudently guided amongst so great troubles and grounds of dissention . This made them that they feared no man , having offended no man , but were even secure in the Kings presence , notwithstanding that he had enjoyned himself a pennance , for being accessarie to his fathers death , which was the wearing of a chain of iron about his middle in stead of a girdle , to which he added every year a new link or ring . Not the lesse of all this , they were never afraid of the King nor jealous of him , but interpreted this well , and took it in good part , not onely because they trusted to the Kings gentle disposition , or because they confided in their own Forces , as being of the stronger faction ; but also because they reposed on the conscience of their fact , the necessity of doing what they had done , and innocencie every other way towards every man. From this time the Earle of Angus continued Chancellour , so named in all Writs and Indentures untill the year 1496. the 14. of January , at which time he contracts his daughters to the Lord Harris , and the Lord Lile . He indents with Hugh Douglas Deane of Buchan , and sonne to the late Earle of Ormond , in two severall Indentures , whereof the condition of the one is to pursue for the lands of Evendale in the year 1493. the other in the year 1496. the 14. of January , is to this purpose ; That the said Hugh shall pursue for Glenwhome , Gladstanes , and any other Lands pertaining to the Earles of Douglas , Lord of Evendale , or his father the Earle of Ormond , and that having obtained them he shall resigne them in favour of the Earle of Angus . Other things remarkeable we have none , untill about the time of the Field of Flowden , which makes it seem to be probable ( which some allege ) that all this time he was confined in Arane . The pretended cause ( as they say ) was secret intelligence with King Henry of England ; but the true cause ( they say ) was his taking Jean Kennedie , daughter to the Earle of Cassils out of Galloway , to whom the King bare affection , and to whom the Earle gave infeftement , and seizing of the Lands of Bothwel , although he never married her . As touching the pretended cause it hath no appearance at all , seeing there was alwayes peace and friendship betwixt us and both the Henries ( the 7. and 8. ) untill the warre was denounced , or a very short time before . And concerning that of Jeane Kennedie , we have a note of an Indenture betwixt Angus Chancellour , and the Lord Kennedie , but they have neglected to set down about what it hath been in the year 1496. So that we are uncertain what to think of it . And contrary to this we finde that the Lands of Bothwel were not in the Earles hands , but in his sonne Georges , who got them from the Lord Bothwel in exchange for the Lordship of Liddisdale , which for that cause he resigned into the Kings hands in favor of the Earle Bothwel in the year 1492. so that the Earle could not give her the Lands that belonged to his sonne . Further our Histories tels us , that when James Earle of Aran , who was sent with the Navy which the King had prepared for a present to Queene Anne of France , had turned in upon Ireland , and having burnt Knockfergus , was come to Air a Sea-port in Coile , the King offended with his folly , gave the charge of the Ships to Angus for prosecuting of the voyage . But Aran having heard of it , hoysed saile , and was gone before Angus could come to the place where the Ships lay . Now although it should seem by this that the King continued his favour toward him , yet there are some apparant reasons to move us to think that it hath been somewhat diminished . For Alexander Lord Hume was made Warden of all the three marches ( and that before Flowdon ) of which the east and middle march at least had continued under the government of the Earles of Angus , for the space of three or foure generations , descending from father to sonne by succession , from Earle William in the persons of James , and George to this present Archbald . Other mention , or monument of him we have none till the Warres betwixt King James the 4. and King Henry the 8. of England . It is reported by some , that the Queene and he did what they could to disswade the King from that Warre , but when he could not prevaile with him , he followed him into England . There the King having wasted Northumberland , and taken Norham with some few other Castles , got a view of the wife of one Heron of the Foord , and did so fancie her , that he neglected the prosecuting of the warre , and care of his Army , and did nothing but dallie with her . Whilest the Army lay there idle , the English sent a Herauld to the King desiring that he would appoint a day for battell . But the greatest part of the Nobility did dislike it . And the Earle of Angus though he saw all this and many moe errours , yet he held his peace all this while , whereas the rest of the Nobilitie reasoned with the King , but in vain . For the King told them flatly , he would fight them though they were a hundreth thousand more , and that he would retire . Then ( and not till then ) the Earle of Angus hearing his answer , and knowing the danger of such resolution , being the Chief man amongst them both for years and authoritie , he went about to set before the King the reasons of the counsell given him , hoping by that meane to break him of his determination , in these words . Sir ( said he ) your Majestie hath done abundantly to satisfie your friendship with the King of France , in that ye have made the King of England withdraw the greater part of his Army out of France , and have turned the danger of the War from him without endangering your self . For they cannot keep the fields long in a Countrey that is so cold and wasted , especially now when the Winter is so near . Neither need your Majestie to wonder that the French Ambassadour is so instant with us to fight ; he being a stranger , it is no strange thing to see him prodigall of other mens bloud , who doth not regard the good of the parties , but the benefite that will thereby redound to France . Besides , his request is altogether impudent and shamelesse : For he requires us to do that which his master ( a man of great understanding ) thinks not fit to do for his own Kingdom . Neither should the losse of this Army seem small , because our number is few , for all that are of worth , & excell either in wisedome or valour in Scotland are here , and these being slain , the vulgar will become a prey to the enemy . Therefore as it is safest for the present to prolong the Warre , so is it most profitable in generall . For if Lewis would have either the English exhausted with charges , or wearied with delay , what is more convenient , then to compell him to divide his Forces , by keeping one half thereof continually in readinesse against us , who lye in wait to invade his Countrey upon every occasion , so to ease the French of so much of their burden ? As for your honour and reputation , which men pretend , what can be more honourable , than having razed so many Forts and Castles , wasted and spoyled their Countrey with fire and sword , to returne laden with such store of spoyle , that they shall not be able to recover their losses , nor their soile redeem the former beautie in many years , though there should happen to be peace ? What greater commoditie can we expect to reap of the Warre , than in such a tumultuous noise of Armes to have leisure to refresh our souldiers with ease and quietnesse , to our credit , and to our enemies shame ? Of all the victories that are acquired , that which is obtained more by counsell , than force of Armes , is most properly the victory of man , and the praise of it doth onely redound to the Commander and Generall ; for in it the Armie can claim no part or interest . When the Earle had ended his speech , all that were present shewed by their countenance , that they did approve and assent unto his counsell . But the King who had solemnely sworn to give battell , heard him unwillingly , and answered angerly ; bidding him , if he were afraid , go home . Then Angus seeing the King obstinate , and fore-seeing in his minde what would be the event of such headinesse , burst forth in teares , and after a while having gathered his spirits again , when he was able to speak , If my former life , said he , doth not free me from the imputation of fearfulnesse , I know not by what other evidence I can clear my self ; while this body of mine was able to endure labour and toyle , I spared it not for the defence of our Countrey , and honour of our Kings . Now seeing my counsell , by which onely I am able to do good , can have no place , I leave here my two sonnes , who next after my Countrey are dearest to me , together with the rest of my friends and kinsmen ; the surest pledge that I can give of my affection to your Majestie , and to the rest that are here present . And I pray God that this my fear may prove frivolous , and that I be rather esteemed a false prophet , than that those things happen , which I think I see before mine eyes . And so he took his leave , and departed , leaving behinde him with the King his eldest son George , and Sir William of Glenbarvie , whom he exhorted to carry themselves valiantly , as those they were come of had ever done , and recommending them to God and their good fortune , he rode home . As the Earle of Angus presaged , so it fell out : for the battell was fought at Flowdon , where the day was lost , and the King slain , yet his body could never be found , which had been easily discerned by the chain of iron which he ware for a girdle . There were also slain at this battell George Master of Angus , and Sir William of Glenbarvie , with some 200. Gentlemen of the name of Douglas . Their father the Earle went to Saint Mains in Galloway . He lived there a year after , an austere and hard life , where he died also , and was buried in the Church of Saint Mains , about the year 1514. his heart was carried to Douglas . The years of his age were 61. or 62. by all the conjecture that can be made . So that it hath not been so much for his years , as for some other infirmitie , that his body hath not been able and fit for service , as he sayes himself at Flowdon . He was a man every way accomplished both for minde and body . He was for stature tall , and of a strong composition . His countenance was full of majestie , and such as bred reverence in the beholders ; wise and eloquent of speech ; upright and square in his actions ; sober and moderate in his desires , valiant and couragious , a man of action and undertaking , liberall also of heart and hand , loving and kinde to his friends ; which made him to be beloved , reverenced , and respected of all men . He gave proof of his personall valour in a duell which is reported to have been thus . The King on a time was discoursing at table of the personages of men , and by all mens confession the prerogative was adjudged to the Earle of Angus . A Courtier that was by ( one Spense of Kilspindie ) whether out of envie to hear him so praised , or of his idle humour onely , cast in a word of doubting and disparaging : It is true , said he , if all be good that is up-come ; meaning if his action and valour were answerable to his personage and body . This spoken openly , and coming to the Earles ears in the worst interpretation , offended him highly . It fell out after this , as the Earle was riding from Douglas to Tantallon , that he sent all his company the nearest way , and he himself with one onely of his servants , having each of them a hawke on his fist in hope of better sport , took the way by Borthwick towards Falawe ; where lighting at the brook at the West end of the town they bathed their hawkes . In the mean time this Spense happened to come that way , whom the Earle espying , said to his man , Is not this such an one , that made question of my manhood , I will go to him , and give him a triall of it , that we may know which of us is the better man. No , my Lord , said his servant , it is a disparagement for your Lordship to meddle with him , I shall do that sufficiently , if it will please your Honour to give me leave . I see , said the Earle , he hath one with him , it shall be thy part to grapple with him , whilest I deal with his Master . So fastening their hawkes , that they might not flye away in the mean time , they rode after him , and having over-taken him ; What reason had you , said the Earle to him , to speak so contemptuously of me at such a time , doubting whether my valour were answerable to my personage ? When the other would have excused the matter , he told him , that would not serve the turne ; Thou art a big fellow , and so am I , one of us must pay for it . The other answered , If it may be no better , there is never an Earle in Scotland , but I will defend my self from him as well as I can , and will rather kill him , if I can , than suffer him to kill me . So alighting from their horses , they fought a certain space , but at last the Earle of Angus with a stroake , cut Spenses thigh-bone asunder , so that he fell to the ground , and died soon after . The two serving-men were very hard at it still , when the Earle came and stayed them , saying to Spenses man , Go thy way , tell my Gossip the King , there was nothing here but fair play : I know my Gossip will be offended ; but I will get me into Liddisdale , and remain in the Hermitage till his anger be over . And so it is thought he did : whereupon the King , when he was pacified , caused the Earle to exchange his Lordship of Liddisdale , with the Lands of Bothwell , alleging that there was no order to be had of the Earles of Angus so long as they kept Liddisdale : What other reasons the Earle had to move him to this excambion , I know not , nor why he should have preferred Bothwell ; but it is certain his son George exchanged them with his consent . One fault he had , that he was too much given to women ; otherwayes there was little or nothing that a man could have wished to be helped in him , or that was amisse . Archlbaldus Angusiae primus . Palponum dum turba ferox illudere regi Non timet ; idque palam plebsque patresque fremunt ; Amissum decus imperii ; vilescere sceptrum ; Omnia turbari tum for is atque domi ; Cochronum extinxi ( caput horum & dux nebulonum Is fuit ) & laqueo colla scelesta dedi . Talibus infestus quod sim Gnathonibus , atro Dente petit , famam rodit & aula meam . Faex hominum , procerum pestis , Regumque ruin●… ; Quo magis oblatras , hoc magis illa nitet . Archbald of Angus , the first of that name . Whiles bloudy flatterers did not fear T' abuse their Princes name and ear : Whiles great , and mean , and all repine , Whiles the Kings honour doth decline , His rule too much despis'd by all , And State affairs to ruine fall . Cochran their Head was hang'd by me : And for I punisht such as he , They do attempt my name to stain With slanders , but these dregs of men , The pest of Courts , the shame of Kings , Their greatest hate most honour brings . Of George Master of Angus , and sonne to Archbald the first . HIs eldest son ( as hath been said ) was George slain at Flowdon , designed commonly by the appellation of Master of Angus . He was married to Elizabeth Drummond , daughter to the Lord Drummond of whom we told how he defeated the Earle of Lennox . His children by her were three sonnes . First Archbald , afterward Earle of Angus . Secondly Sir George of Pittendrich . Thirdly William Priour of Colding hame . His daughters were , First the Lady Yester . Secondly the Lady Basse. Thirdly Jeane Lady Glames . Fourthly Alison , married first to Robert Blackader , of Blackader , and afterward to Sir David Hume of Wedderburne . Fifthly the Lady Drumlanerige , as I take it . Also they mention a sixth , married to a Baron in the North , whom they name not , neither do I know who he should be . His age at his death ( to reckon from the 15. year of his fathers age in the 1469. to the year of his own death at Flowdon 1513. ) was not above 44. His actions , because he never came to be Earle , are not recorded . Some dealing there was betwixt him as Governour of Liddisdale , and the Lord Dacres in England , with whose Deputies he agrees to meet at Dumfreis , for doing of Justice in the year 1489. the year after the King was killed at Bannock-burne . So at Cannabie he met with the Lord Dacres himself , where they accorded not well : For they intended both to send to the Councels of both Nations to have their determination of their differences . He agrees the same year with Sir Robert Lundie of Bagonie , Treasurer for a generall remission to Ewsdalde , Eskdale , and Niddisdale , which I think should rather be Liddisdale , for a 1000. pounds , being at this time not above 20. years of age , not out of Curatorie by the Laws , though that was in his fathers hands . Yet we see also Courts held in his name , by his Bailiffs , as a retoure of Adam Ker , to some Lands in Selkrig , in the said year , which makes me to think he hath been then married . Also he it is , as we told above , that excambes the Lands of Liddisdale for Bothwell with Patrick Earle Bothwell , resigning the Lands of Liddisdale , and the King disponing them upon the resignation in the year 1492. upon what reason either the Earle Bothwelshould have affected these , or he preferred the other , and not thought himself as fit to rule that unruly Countrey as any other , I have not heard . But it was done in his fathers life time , who was no fool when he was in his greatest vogue , the first three years of King James the fourth . He allies afterward with this same Earl Bothwel , marrying his sonne Archbald to his daughter , but that must be long after , except that he hath been married young , as some say he was . In the year 1510. he indents for the marriage of his fourth daughter Alison to Robert Blackaders sonne , and apparent heir to Andrew Blackader of that Ilk. Her portion 300. marks , the terms , 1. at the compleating 40. pounds , and 20. pounds , at the feast of Martimasse next after ; and so 20. pounds termly till it were payed . That same year he is infeft in Abernethie . And this is all we have of him , which we have set down chiefly for his children , and the Historie that followeth of them . Of Archbald the seventh Earle of Angus and the second Archbald . TO Archbald the first , succeeded Archbald the second , his Grand-childe by his sonne George Master of Angus . He was thrice married , first to Margaret Hepburne daughter to Patrick Hepburne the first Lord Bothwell , being as yet very young : for at his second marriage he was not old , but a youth , or stripling , Adolescens . She died in childe-birth within the year ( as they say ) immediatly after the Field of Flowdon . 2. His second wife was Queen Margaret relict of King James the 4. and daughter to King Henry 7. of England . She bare to him a daughter Lady Margaret Douglas , who was married to Matthew Stuart Earle of Lennox , and bare to him Henry Lord Darnly , that married Queen Mary of Scotland , and father to King James the sixt of Scotland , and first of great Brittain now happily reigning . Lady Margaret had also another sonne named Charles , who was father to the Lady Arabella . 3. His third wife was Margaret Maxwell daughter to the Lord Maxwell . She bare to him a sonne and a daughter , who died both of them before they were 8. years old . He had also a base daughter by a daughter of Traquairs , Jeane Douglas married to the Lord Ruthven . Some say that he begot this daughter in the Queens time , while she lying in of Lady Margaret Douglas in England , after her delivery went to London and stayed there with her brother King Henry the 8. and with her sister the late Queen of France , and then Duchesse of Suffolk . Others say that it was before . He had also a base sonne ( as I take it ) commonly called George the Postulant to a by-name , because ( I know not upon what claim or title ) he did postulate and claim the Abbacie of Aberbroth ( or Abernethock ) and not onely did postulate it , but apprehended it also , and used it as his own . Having brought the house of Angus still increasing , and growing in greatnesse , and honour unto this man Archbald the second , shall we suffer it now to decay , or to take halt in his person ? No , but we shall see it increase so much the more , as he approacheth nearer unto that descent , which is able to give honour unto basenesse it self , far more to adde and multiply honour upon that which is already honourable . Men do not onely take honour from their progenitors ; their posterity makes them honourable , when they have much honour , and that variable according to the degrees of their honour more or lesse . Which seeing it is undeniable , in what place of honour shall we rank this Archbald , father to the Lady Margaret Douglas , and by her great Grandfather to our Soveraigne King James of great Brittain ? This one thing is enough to lift him up to the highest top of honour . All other things are but accessary ; yet are they additions of great importance . Men are honourable by their marriage : Who then so honourable as he ? Having married a Queen , a Kings daughter , a Kings sister , a Kings mother . Others also of the Subjects of this Countrey have married Queens ( I grant ) But none of them did marry Queen Margaret , a Lady so vertuous ; None did marry a Queen so Royally descended , and every way Regall in her father , her mother , her brother , her sister , her husband , her sonne being all of them Kings or Queens . None did marry a Queen without some blemish and diminition of her reputation but he . None with the approbation of all men ; even of the Queens own chief Kinred , with the allowance , desire , and exhortation of her Kinsfolks , of King Henry the 8. But you will say perhaps , that this hath been chance or fortune , or ignorance in her , blindnesse of an impotent woman , who placed her affection without desert , or that it hath been ignorance in King Henry her brother , a forrain Prince ill informed . Let us therefore hear such witnesses as were not blinded , either with womanly affection , or with the ignorance of a stranger ; such as were unpartiall , and who had neither fear nor hope , love or hatred , which are the common causes of partiality . These are ourhistories , which if they record truth ( as they are recorders of truth ) if there was any more worthy , or before him in any good quality , then let it be accounted folly in her , and weaknesse in her brother . What do these our Histories then say ? First of his place and descent , they say he was the first of the youth of Scotland for Nobility . Lo here is one good quality , and that a very main one , wherein her choyce and her brothers approbation are justified , and he shown to be worthy , nay most worthy by his place and birth , whereof we have said enough heretofore . But let that be thought of no moment or value if there be no more . What say they next ? What of himself ? In himself ? in his personage ? The first of the youth of Scotland for favour and comelinesse of personage . I dare not consent to them that make no account hereof . It hath ever been in account ; men have thought it worthy , whereon to bestow a Kingdome . It is yet regarded , it affects all humane creatures , and moves us whither we will or no ; They say that beasts discern it not . I doubt of it , though we are not able to discern their discerning of it . But let them be beasts that do so . And let this also be nothing in him , if there be yet no more in him ; if there be no qualities joyned to it , which it gives lustre to , as gold to a Diamond . Let it be ( as in all men and women ) like a ring of gold on a Swines snout , ill placed , and matched ; unseemly , and unworthily . Yet it is gold , and gold is ever precious , and to be desired ; although the Swines snout of ill conditions be not worthy to be so fairly and finely deckt , or adorned . What are then his other properties and qualities of minde and man-hood , soule and body ? which is the third point . The first and principall ( say they ) of the youth of Scotland in all good exercise , knowledge , cunning , skill and understanding , belonging to a man of his place ! for I doubt not there were many more cunning Clerks than he ; yet not more sufficient in uprightnesse , honest vertue , dexterity , and good addresse , both in politick matters belonging to the good government of the Countrey ; and Gentleman-like , exercise becoming his estate , for body or minde , for peace , or warre . What particulars they are we shall see in his particuliar actions ; viz. valour , and true courage , with love and kindnesse to his Countrey , hereditarie properties from the very root of which he is sprung . Also wisedome and magnanimity , truth and uprightnesse in words and actions , with others which will appear , as the occasion occurres . And so we have him by these testimonies thrice ( that is every way ) first , or chief and principall . 1. Chiefe in Nobility beyond all . 2. Chiefe in personage , beyond all . 3. Chiefe in vertue , and all good arts ( for so is the word ) or qualities , beyond all . Worthy therefore whom the Queen should have preferred , and made choyce of to be her husband beyond , and before all . Worthy of whom should descend that race of Kings so Noble , beyond all . Which as it honours him , so doth it not disgrace or disparage that Noble and Princely race , to be come of such an one in his person ; of such stock in the whole race and descent of that whole Family , so noble , so worthy , and heroicall every way . Not so much private in place , as Princely in worth , all vertue and magnanimity ; though otherwise Subjects . And thus the honour of the house doth rise in his person , whom we see accounted by all every way honourable , honourable by bloud , honourable by vertue , honourable by marriage , honourable by affinitie and alliance , honourable by progenie and posteritie , honourable by all actions , by all valiant , and alwayes worthy acts . As for his greatnesse and puissance , we finde it at his entry and beginning matched ( yea over-matched ) by the Lord Hume Chamberlaine ; But in end harderto be matched by any , nay matching ( almost ) what should not be matched in any sort , where with no Subject should match himself . Which however good or evil it be in using , yet it is greatnesse to have done so . To come to his particular actions ; The first we finde is his marriage , which is not indeed to be attributed to his prudencie , or his purchasing , yet is it the effect of his worth . She affected him , and he had reason not to refuse the party . Her brother King Henry consents , and writes lovingly to them both . He had his own particular end , which was to counterpoize , or weigh down the French faction , and to hinder the incursions of Scotland by his means ; some say also to stay the Duke of Albanie from coming home to be Governour , but that was not yet motioned . And though that were his end , yet the other was the end of his desire to stay Albanie , and his main scope ; for all that he aimed at by staying of him was but to stay the Scottish warres , which he by his coming was like to set on foot . Things fal out contrary many times to mens intentions . This marriage brought in the Duke of Albanie , and by him had strengthened the French if he had guided wisely , kept the hearts of men in Scotland , and entertained his home-bringer , the Chamberlain , and given him a thankfull meeting for that work . But there is a providence , if men would observe . This plot fails King Henry , that fails the Chamberlain , this fails the Duke of Albanie . The King hopes to hinder the French by this marriage ; it furthers them to be all the guiders , being brought in by the Chamberlain . The Chamberlain looks to be rewarded , he hath his head stricken off . The Duke thinks that the Chamberlains death shall breed him all quietnesse , ease , and power , it looseth him the hearts of all men , and at last his office . The working of these things was thus . The Queen was by the King her husbands testament left Regent during her widow-hood . That lasted not long , from the 25. of September untill the next Spring was ended , say some : others say untill the 6. of August almost a year . Then she marrieth , and so fals from that charge . The Earle of Angus did labour to have it continued , and used a strong motive , which was , that so the peace should last with England , which was both profitable and necessary . The Queen during her Regencie had procured it ; She had written to her brother that he should stay the war , and abstain from troubling his Nephews Kingdome ; troubled already too much with factions within it self . He had answered her , that he warred against the Scots , when they made war against him ; and that he would keep peace with them when they kept peace with him . This was a magnanimous minde , and a Princely ( say our writers , not envious of the praise of the English ) though indeed it were not without a good policie . For by that meane he had leasure to prosecute his French intentions without fear of being disturbed or diverted by the Scottish incursions . But we will not extenuate it : he had indeed the better hand of it , and at this time peace was more needfull for Scotland . And therefore this reason brought by Angus for the continuation of the Queens authoritie was so much the greater . But it could not move the other party , whereof the Lord Hume ( Chamberlain ) was Chief . They shew their willingnesse to honour the Queen . That appeared ( say they ) in this , that contrary to the ancient custome of this Kingdome , they had suffered and obeyed her authority , whiles she her self kept her right by keeping her widow-hood . Now that she had quit it by marrying , why should they not choose another to succeed into the place which she had left ? which the old laws would also have taken from her , which do not permit that a woman should govern in the most peaceable times , far lesse now , when such evils do threaten , as can scarce be resisted by the wisest and most sufficient men . This they pretended , and touched the point that did annoy them . The marrying of the Earle of Angus had made him too great already , the continuing of her authority would make him farre greater . This they can not endure ; especially the Chamberlain who was jealous of his greatnesse , which he thought would impair and lessen his own , already beginning to decline , by the retiring and with-drawing of Liddisdale and Anandale from following him , and casting them again under the wings of the Douglasses , to whom they had wont to belong . This point being once obtained , that the Queen should governe no more , the next was , who then should be the man. Here also was no lesse strife and contention . The Chamberlains credit carried it away , his own power , his alliance , the Earle of Arane being his brother in law , the Earle of Lennox Aranes sisters son , joyned to the Prelates , ( a Faction ever French , and then more than ever by the King of Englands shaking off the yoke of Rome ) especially the Archbishop of Glasgow , a proud Prelate , and ever factious . By these men , all Noblemen at home are despised and balked , and the Office cast upon John , called afterward Duke of Albanie , Cousin-germane to the late King , being then in France , brought up in France , and onely with the French tongue , where his father was banished and forfeited , and he himself not restored : yet is he by them , who had not so much power as to restore him in the minoritie of a King ( as had been proved in King James the second his time , against the Earle of March restored in his minoritie ) ordained to be Governour of the King and whole Countrey . Bent was the Chamberlain that way : And so bent he was , that he professed openly at the Convention , that though they would all refuse , yet he alone would bring him home , and make him Governour . A great word , if he were not able to do it ; a great power if he were able . It is interpreted ambition in him , and that despairing to have that honour conferred on himself , and envying it to any other , he took this course . I cannot be of that minde . He that had power to do so much for another , had power to have done somewhat for himself : At least so far as to have gotten some part of the government with others , as it was customable , when they could not agree upon any one man , they divided it . It is reported also for ce●… , ●…at the Earle of Angus finding that he was so earnest in that course , went to him , and naming him familiarly by his name , Alexander , said he , what do you mean by this ? that man is a stranger to us , and understandeth not our language no more than we do his . He will work his own ends , and who knoweth after what manner ? Whether or not to the Kings prejudice , who is onely between him and the Crown . Certainly , he will never regard either of us , whom he will rather seek to depresse than to advance . Go to therefore , let us agree amongst our selves . Take you the government of the borders , and of all that lieth on that side of the river of Forth , and let me have the command on the other side . A fair offer , and a wise consideration , which the Chamberlain shall acknowledge hereafter too late , and shall himself say the like to him that now doth thus admonish him . For the present he refused obstinately , and ( as it may be thought ) fatally , persisting in his former resolution . Whereof when I consider what might have been the cause , I think it hath been not any distrust to obtain some place in the guiding of affairs , but a doubting how to keep it : if by chance any thwarting or insociablenesse of Empire should fall out between them at any time thereafter : in which case Angus could not but be the stronger by the power of England his allies , they having no partie so great to counterpoize them . For this cause he hath thought it fit to bring in the French to equall the ballance as principall , himself onely as accessarie , not doubting of a chief place both by his desert in bringing him home , and the necessitie of his service , which could never be lacking . On this rather than the other ground ( as I take it ) he hath laid down his course . But as well as he laid his grounds , hereupon he built both his ruine before three years were come about , and speedie repentance soon after the arrivall of his Governour . Howbeit upon this occasion the Duke of Albanie ( so called afterward ) is sent for , arrives , is made Earle of March , Duke of Albanie ( which his father had been before , but was forfeited ) and Governour untill the Kings ripe years . The Lord Hume comes to him , some say with a huge number ( 10000. horse ) to Dumbartan , whereupon the Governour said , he was too great to be a subject . Others report , that he came very privatly with his houshold onely ( some 24. horse in Kendall Green which was his Livery ) and that the Duke slighted him with this sentence , minuit praesentia famam ; being a man of low stature , and carrying no appearance of much stuff to be in him by his out-side . However he was then welcomed , and what faire and good countenance he got then , it lasted not long . John Hepburne Prior of S. Andrews was his enemie on this occasion . Andrew Stuart Archbishop of S. Andrews was slain at Flowdon . Three divers pretended to the place by divers meanes . Gawin Douglas Bishop of Dunkel , uncle to the Earle of Angus , by the Queens admission , Hepburne by the election of the Chapter , Andrew Foreman by the Popes gift . This Foreman was Abbat of Dumfermling , and Aberbrothe , Legat from the Pope , and had gotten this to maintain his grandour , or as a reward of his service . The question was hard to decide . All pretended right and reason . Gawin Douglas had gotten possession of the Castle , and had put servants into it ; but the Priour was stronger about the town , and findes a mean to thrust them out . Foreman cannot get his Bulls proclaimed : none durst take it in hand so long as Hume and Hepburne agreed . He workes wisely , having been born under the Lord Hume , he flees to him as his Patron , agrees with him as a friend , and gives the Abbacie of Coldinghame to his youngest brother David . He doth his turne , proclaimeth his Bull , but had no power in Fife to prosecute it any further . Yet it causeth Hepburne to come to a point , to take composition , the Bishoprick of Murray , and 3000. crownes by year , and a discharge for all his by-past intromissions . So he agrees with Foreman , but dis-agrees with the Lord Hume , and despites him with such malice , because of that morsell pulled out of his jawes , that he ceased not to work him what mischief he could . He did so possesse the Governour with jealousie of the Lord Humes and Angus greatnesse , and aspiring , that he thought there was no way to secure himself , and his Government , but by ridding the Countrey of them both . Wherefore the Lord Hume repairing to him , and finding by his neglectfull carriage , and cold entertainment , the little good-will he bare him , repenting too late his forwardnesse in his election , and calling to minde what Angus had foretold him , though he had contemned his counsell , yet now seeing no other remedie , went to him , and the Queen his wife , condemning his fact , and regrating the present estate of the King and Countrey , and advised them to flie into England with the young King. When the Governour had notice of this consultation , he used such diligence and expedition , that coming to Stirlin unlooked for , he surprized the Queen ; and removing her , and the Douglasses from about the King , he gave the keeping of him to the Lord John Ercskin , and other three Noblemen . Hereupon the Queen and Angus , as also the Lord Hume , and his brother William , with-drew themselves into England , and the Governour upon their departure , sent Ambassadours to King Henry to clear himself , that he had done nothing why they should be so afraid of him , or leave their Countrey . He dealt also privately with themselves by their friends , promising and protesting to give them all content and satisfaction , in such wayes , that they beleeving and desiring to live at home , returned all of them , save onely the Queen , who being then near the time of her childe-birth , remained at Harbottle in Northhumberland , where she was brought to bed of Lady Margaret Douglas . Then assoon as she was able to endure travell , she went to London , where she was kindly welcomed , and lovingly entertained by her brother King Henry , and her sister Mary Queen of France , and afterward Dutchesse of Suffolk . But the Governours head being once filled with suspitions , and new causes of distrust arising dayly , could not be quieted by their return , nor the Queens absence , neither could he think himself bound by promises . Gawin Douglas Bishop of Dunkel , uncle to Angus , was committed to prison : John Lord Drummond his Grandfather , or mothers brother , & David Panetier Secretarie to the late King , were likewise laid fast . Alexander Lord Hume , and his brother William , were executed , their goods confiscat , their lands forfeited , and their heads affixed on the Citie Gate of Edinburgh , called the Nether-Bow . Being thus rid of the Chamberlain , he did much fear the Earle of Angus , whom he left to governe in his absence ( for he went into France ) but joyned with him the Earles of Arran , Argyle , Huntley , the Archbishop of S. Andrews , and Glasgow , together with a Frenchman , named Antonius Darsius , commonly known by the title of Sieur de la Beaute . To this La Beaute he allotted Dumbar , the Shires of Lowthian , and the Merse , where the Chamberlaines lands and friends were . This Darsius was slain by Sir David Hume of Wedderburn , occasionally , in the year 1517. the 18. of September . For this Sir David was out-lawed , his house seized , and Sir George Douglas ( Angus brother ) suspected to be accessarie , imprisoned in Garvet Castle , they not daring to meddle with the Earl himself , who was no lesse suspected to have been conscious of it ( though falsely ) because Sir David had married their sister Alison . Not long after this , there fell out an occasion of great troubles betwixt the Earle of Angus , and the Earle of Arrane . There was some question of the Bailiff-ship and right of keeping Courts in Jedward Forrest , the Earle of Angus his Lands , but in which Andrew Ker of Farnihaste challenged a right and priviledge of doing justice , and punishing male-factors as hereditarie Bailiff . In this controversie Arrane sided with Farnihaste , not for any particular relation , or because he thought his right was good , but onely in opposition to Angus , whom he hated inwardly . What the cause of his hatred was , we hear not , and they had been good friends before . Arrans base sonne James Hamilton , as he was on his way towards Farnihaste to assist him , John Summervale of Camnethen set upon him , killed five or six of his company , took thirty men and horses , and pursued himself so near , that he was forced to turne in to Hume Castle for his safetie . This fact was imputed to Angus , on whom Summervale did for the most part depend , men thinking that it was done by his direction . But it is well known that besides this quarrell of the Earles , that man had ever a particular feude with the Hamiltons . But if the Earle had been guiltie of this wrong and offence done unto them , it is not likely that he would have been so slightly accompanied at Edinburgh , and have stayed their coming thither with so small forces , if he had suspected any ill meaning from them , or known any such deserving in himself . Besides they having so just cause , they might have complained and gotten redresse and satisfaction of the Earle by order of law , if they could have made it appear that he had any hand in it , and not have taken this violent course . Wherefore in all likelihood this was but a colour and pretext . Hereupon ( however ) in the year 1520. the 27. of April , a convention being appointed at Edinburgh where Archbald Douglas of Kilspindie ( the Earle of Angus his uncle , or Consin-German rather ) was Provest : the Hamiltons refused to come thither , alledging that they could not think themselves assured of their lives in the Town , where he was Provest . Archbald to cut off their excuse , and that he might not hinder publick businesse , laid down his office voluntarily , and in his room was chosen Robert Logane a Burgesse of Edinburgh . Then they came to the City , and finding the Earle of Angus there but meanly attended , and weakly guarded , his friends not being yet conveened , they assembled together with the chief Noblemen of the West in Archbishop Betons house in the Black-Frier-Winde ( this Beton was also Chancellour ) and there resolve by all means to apprehend Angus ; alledging that his power was so great , that nothing could be discerned freely , so long as he was free . The cause was plausible , their malice great , and the occasion fair , considering his singlenesse , and their multitude . So soon as Angus heard of their consultation , he sent to them his uncle the Bishop of Dunkell , desiring that if they had any grievance , or just quarrell against him , they would complain thereof to the convention , to whose censure he would submit himself , and make such satisfaction as it should please them to ordain . And to this purpose Dunkell spake to Glasgow the Chancellour , to move the rest to accept of this offer , and that he would not be an instrument of civill dissention . But he had fair perswading of him : no man was deeper in it than he , who was ringleader to the rest , and very Episcopally had put on armour to be present at it , and to assist them himself in person : yet he sought to excuse himself , and laid all the blame upon the Earle of Arran , who , said he , is highly offended with the Earle of Angus for many occasions , but chiefly for the affront done to his son by Sommervale , and for the slaughter of De la Beaute committed by his brother-in-law Sir David Hume , not without his knowledge , consent , and councell . For this cause Arran will needs have him to go to prison . There is no remedie , sayes Glasgow , upon my conscience I cannot help it . And in the heat of his asseveration he beat his breast with his hand , where his conscience lay well covered with a jack of Maile , or a Secret hid under his Seton or Cassock . And now being knocked upon , it answered with a ratling noise , which the plates of iron did yeeld , bearing witnesse against him how little he cared for that inward witnesse , which be-lyed him when he protested he was desirous to pacifie matters , being indeed thus preparing for warre . Neither did Dunkell stick to tell him so , saying , How now my Lord , me thinks your conscience clatters . We are Priests , it is not lawfull for us to put on armour , or bear Arms , it makes us irregular . And so leaving him , he returned to his Nephew , and told him shortly that there was no possibility of composing matters , and as little of escaping or fleeing , for the City Gates were shut , and his enemies were assembling . For me I am a Church-man , I will go to my Chamber and pray for you . And so he did , but he sent his servants with the Earle to aide him . Some ascribe this to want of strength , and to his debilitie and old age ; but it was indeed , because he held it not lawfull , as a thing forbidden in the Canon-law , and which he had reproached to Bishop Beton . For in the year 1513. his eldest brother George slain at Flowdon was but 44. and Gawin the fourth brother not above 38. or 39. so that now in the year 1520. he hath not been more than 46. which is no age of Decrepitnesse . Dunkell being gone to his devotion , Angus without further consultation resolves rather to die honourably defending himself against his enemies , than to be hailed ( he and his friends ) forth to the Scaffold , and lay their necks upon the block to be be-headed by their proud and insulting enemies . So he conveens his small troup , tels them what his minde was , and exhorts them to stand to it manfully . They all commended his resolution , and shewed themselves most willing to hazzard their lives for his safety . Wherefore that they might not be surprized in their Chambers , they came forth , and went down the High-Street ( for the Earle did lodge at the Straight-Bow ) being in all but 80. or 100. at most ; but they were all of them choice men , valarous , and hardie . Angus was well beloved in the Town , so that when he came by the Shops where the Pikes and Speares are made , they had libertie to furnish themselves with long Weapons , and many also were reached to them by the Citizens out at the Windows , and from the Stairs ; which was no small advantage , their enemies having no long Weapon at all . The Chief Street is so seated that the Gates being shut there is no entrie to it , but by some few Lanes that reach from the Cow-gate ; in one of which called the Black-frier-Winde the adverse party had conveened . Now that they might not issue forth upon him at divers places , and so oppresse him with their multitude , Angus had caused his men to close up and barre the entrances of the Lanes with Coale-horses , and Ale-barrels , Carts , and such things as would best serve for that purpose , and could be gotten on a sudden . He placed also some few men at every Lanes head to defend the Barricadoes ; but he himself with the choycest and most resolute of his company , planted themselves directly over against the Black-frier-Winde , which he had left open for them , and as they thronged out , he assailed them with Pikes and long Weapons . There having slain many of the formest that came out , and scattered them all , he drave the rest down the Lane , which by the narrownesse thereof , made their number unprofitable , as had been rightly fore-seen by Angus , who knew that a few would be able to make good a straight passage against many , their multititude availing nothing , scarce one of ten having room to fight at once , and come to strokes together . The Earle of Arran and his sonne James Hamilton ( having been apparantly of that number that issued forth at the Lanes head at first , or else he could not have gone that way ) crossing the High-Street , fled down a Lane on the Northside of the City , and finding a Coale-horse standing in their way , they threw off his loading , and rode through the North-logh at a foord where there is none known now , and so escaped easily , no man pursuing them that way . The rest were scattered on the other side of the Town , of which some fled to the Gray-Friers Monasterie for sanctuary , the Chancellour fled on foot to Lithgow . In the mean time , while they were at this bickering within the City with great tumult , William Douglas Priour of Coldingham ( Angus his brother ) and Sir David Hume ( his brother in law ) came to the City Gates with 800. horse which they had brought out of the Merse ; and finding them shut , broke open the wicket with Smiths hammers , and so entred . But before they could get in , the fray was ended . Angus strengthened and emboldened with this supply , because the City was still full of his enemies , caused it to be proclaimed with sound of Trumpet at the Market-Crosse , that none should be seen abroad with Arms but he and his , under pain of death . This enforced them of his adverse party to crave leave to depart , which was granted unto them . Such was his moderation towards those who had plotted his ruine and overthrow . He had fought for his life and honour , not out of malice , or hatred ; and now that these were out of danger he lets his enemies go away safe and sound . And so there departed of them in one company 800. horse well laughed at , and derided of the beholders , to see so many beaten and chased by so few . Besides these there were many others that had fled before , and divers stayed still in the City lurking . This conflict fell out in the year 1520. the last of April , in which there were 70. slaine , and two of note ; Patrick Hamilton brother to Arran , and the Master of Montgomerie . The Chancellour ( as we have said ) fled disguised to Stirlin to the Queen . After this , Sir David Hume returning to the Merse , and being thus strengthened by the authority and countenance of Angus , found means to take his own house of Wedderburne from those that had kept it since the killing of De la Beaute . He took also the Castle of Hume at the same time which had been seized on by the Governour , and was kept by men that he had put into it . And thus was the Earle of Angus partie settled and strengthened in the Merse . Also in Lowthian he had no opposition or contrary , neither in Tividale , and such other parts of the borders . The Hamiltons were the onely great men that had any equality to match him , and were now incensed by their losse at Edinburgh . Some of his friends lay near unto them , Robert Lord Boyde was his depender , and speciall friend . He was also near to him in bloud , for Angus his Grand-mother ( Elizabeth Boyde ) was sister to Thomas Boyde , Grand-father to this Robert. The Lord Boyde was nearer to Arran ; for King James the third his sister was mother to Arran , and Grand-mother to Boyde , as is probable . But Boyde followed Angus more than him . His house of Kilmarnock in Cunninghame , lay nearest to their Forces in Cliddisdale , and farthest from the Earle of Angus his power and friendship . Therefore they besiege it , but without successe , it being so well defended , that they rose and went away without getting of it . The next year ( 1521. the 18. of July ) Angus came to Edinburgh , accompanied with his friends , and especially the Humes that were banishshed , as our writers designe them . By which he means rathest ( as I think ) George now Lord Hume ( for he is Lord ever after this ) and Sir David of Wedderburne with his brothers , who may be said to have been banished , in regard he was denounced Rebell , and out-lawed : but otherwise he never went out of the Countrey , but dwelt ever still in some part of the Merse . There Angus ( as Buchanan sayes ) but ( as our folks say ) George Lord Hume and Wedderburne , by Angus his connivence , took down the heads of the late Chamberlain , and his brother William , and interred them solemnly in the Gray-friers . He passed from thence to Stirlin , hoping to have found the Chancellour Beton there , but he was fled . From thence he returned to Edinburgh . About the 28. of October , the Governour returned out of France . Angus his power seemed to him to be too great . He determines to diminish it . For which purpose he commands himself to go into France , causeth his uncle the Bishop of Dunkell to be sent for to Rome , as wee have said above . Neither did Angus return out of France , untill the Government was taken from the Duke , who from this time forward doth nothing of importance . For the next year 1522. he went with an Army to Solway to have invaded England ; But his Army loved him not ; all went unwillingly with him , and against the hair . The Earle of Huntly being come within three miles of England , openly refused to go any further ; so that he was forced to move Dacres and Musgrave ( English-men ) under hand to sue for peace , that he might have some shew of an honourable cause for his retreat . Wherefore the 10. of October the same year , away he goeth again to France having stayed one full year in Scotland , and returnes into Scotland the next year 1523. the 22. of September . He brought then with him 3000. foot , and 100. men of arms . Then assembling an Army of Scots ( the 20. of October ) thinking to do great matters with his French aid , but having passed Tweed at the Bridge of Melrosse , he was served just as he had been the year before ; they refused still to enter into England . Thereupon he came back again to the other side of the River , and coming along by the bank thereof on Scottish ground , he began to batter from thence the Castle of Warke standing on the other side of the River on English ground . And having made a breach caused his French-men to give the assault , who entred the breach , but they were repulsed again , and beaten out . So he left the siege , and retired to Lawder in the night . In the spring he goeth again into France promising to return before September , and taking a promise of the Nobilitie that they should not transport the King from Stirlin before his return . This their promise was keeped with the like sidelity as he had kept his promise made to the Chamberlain . For the King was brought to the Abbey of Halyroodhouse by the Queen his mother ; The Earls of Arran , Lennox , Crawford , and many others : And from thence with all solemnitie of Parliament , to the Parliament house , where he did solemnly abrogate the Governours authority : by which mean he saved him a labour of returning into Scotland again . He needed not , neither did he return any more to it , nor passe the Seas for that errand . He had governed , or rather mis-governed the space of nine years . He spent in his journeyes , and staying in France , five whole years , or six of these nine , being absent from the countrey , and leaving it a prey to forreiners , and civill ambition and dislention , and when he was at home , he abused and oppressed the Nobilitie by slaughter or banishment . But though he returned no more , yet others returned for him , those whom he had caused go to France by his authoritie , do now return without his licence , yea without licence or recalling of any other , for ought we read . The Earle of Angus returnes after he had been in France almost three years . He returned through England , having first sent Simon Panango , and obtained licence of K. Henry , by whom he was received lovingly , and dismissed liberally . For K. Henry desired greatly the diminishing of the Governours authoritie , & was glad of the alterations in Scotland , & therefore did make the more of Angus , because he knew that he was opposite to the Duke . At his returne he found the estate of the Countrey in this case . We told before , how in the year 1518. the Queen his wife , and he , had with-drawn themselves into England , and stayed at Harbottle , where she bare her daughter Lady Margaret Douglas : how her husband having returned into Scotland , she ( after her deliverie ) went to the Court of England to visit her brother and her sister , with whom she stayed for the space of a whole year . In which time the Earle her husband becomes acquainted with a daughter of Traquair , by whom he had a daughter called Jeane Douglas , married afterward to Patrick Lord Ruthven . When the Queen came home again , he meets her at Berwick , and brought her to Edinburgh . She having gotten notice of this wrong he had done her , never lived with him in that love they had done before . And now having set her affection upon a younger brother of the Lord Ochletrees , whom she intended to create Lord Methven , she was become altogether his enemie : And that so obstinately , that howbeit her brother K. Henry wrote to her , that for her own honour , for the peace and quietnesse of the countrey , and for the advantage of his affaires , she would be reconciled to him ; yet she not onely would not yeeld to it , but even sued for a divorcement before the Pope , at the Court of Rome , alledging that Angus had been affianced , betrothed , or hand-fasted to that Gentlewoman who bare the childe to him , before he had married her , and so by reason of that pre-contract , could not be her lawfull husband . She prevailed not in her sute , for her alledgance could not be proved , being also untrue : but she increased in spight and hatred against him , and was set ( by all the means she could ) to overthrow him . This drew Arran to be of her Faction ; both of them disliking that Angus should be in the first place , and suspecting he would not be contented with the second , bent their Forces to contend against him as for dominion and empiring . On the other side there were the Earle of Lennox , and Argyle , who had assisted the Queen and Arran , and helped them to abrogate the Duke of Albanies authority , and to establish the King himself in the Government of the Kingdome . But now finding that the Queen and Arran took all the guiding of the King and Countrey into their own hands onely , and did not admit them to be any way sharers with them therein , but wholly excluded them from all copartnership , they were glad of Angus his returne : for they knew that by his power they should be able either to break the authoritie of the Queen and Arran , or to diminish it in some measure . Neither were they deceived in their expectation : for having conveened the greater part of the Nobilitie , Angus , Lennox , and Argyle , are chosen Keepers and Governours of the King and Countrey . Hereupon they passe forth with great celeritie , accompanied with 2000. horse , and move Archbishop Beton , Chancellour , to consent to the election , who did accordingly , not daring to refuse . Then to Stirlin they go , and there depose all that bare any publick Office , whom they suspected , and placed in their rooms such as were sure to their side . From thence they came to Edinburgh , and made there entrie without violence . The Queen and Arran remained in the Castle with the King , confident in the strength of the place , and the Kings ( though naked , and unarmed ) authoritie : but there being but a small trench cast up about the Castle , they yeelded themselves , and it , because they were no wayes provided for enduring a siege . The King onely was retained , and the rest dismissed . The order of governing agreed upon amongst these three Earles , was , that they should rule by turnes , each of them his foure moneths successively . The first place was Anguses , either by lot , or by consent . During the time of his presiding , the Abbacie of Holy-rood-house fell vacant , the Abbot thereof George Creichton being advanced to be Bishop of Dunkell . Angus conferres this Abbacie on his brother William , Prior of Coldinghame , either by himself and his own power , or by moving the King to conferre it upon him , and that without the consent of the other two , which he thought he needed not , seeing he was absolute Governour for his time . The other two thought themselves wronged by this balking , and thought that howsoever he was for those moneths to attend the King alone , yet that he ought not to governe , or dispose of any thing of moment by himself alone . So they take offence at it , and Argyle retires , and with-drawes himself home into Argyle . Lennox would gladly have done the like , but the King detained him for the love he bare him , yet did he utter his discontentednesse many wayes . Thus is the Trium-virate dissolved : for which dissolution Angus is blamed , as having encroached upon the others , and drawing all to himselfalone . But he seemes to be unjustly blamed , if this were the time of his Government ( as it should appeare it was ) and not of attendance onely ; for they also attended the King at that same time . The decision of this question depends upon the words of the Act or Contract of their agreement in point of governing , which we have not precise . Yet they seem to have been too hastie , in that they did not expect their turne , during the time of which some such thing , or perhaps some betterthing might have fallen in their donation , wherein if he had impeded , or hindered them , then they might have had just and undeniable cause to complain of him . Now they abandon their charge , and thereby give him occasion to administer all alone , which is imputed to his ambition . And so he takes all upon him , making small reckoning of their offence , which he esteemed to be unjustly taken ; and leaning to the greatnesse of his own power , which was such as we have said ; and was now also increased by having the Earl of Huntly for his ward and pupill , he being left Tutour by his Grandfather Earle Alexander Gordon , and having gotten the Wardship from the King ; so that now he had the friends and dependers of the house of Huntly to be his . In this mean time fell out the slaughter of Patrick Blackader Archdeacon of Dumblane , Cousin Germane to Robert Blackader , sometime Priour of Coldingham , and brother Germane to Robert Blackader late of Blackader . Robert the Priour of Coldingham had been slain before by Sir David Hume of Wedderburne , and his brother John Hume being in his company , is thought to have given him the deadly stroake . This Sir David married Alison Douglas sister to the Earle of Angus , and relict of Robert Blackader of Blackader . She had two onely daughters , married to two of Sir Davids brothers ; the eldest to this John Hume , and the younger to Robert Hume , who claimed , and possest the Lands of Blackader in the right of their wives , who were heirs of Line . Hence arose deadly feude betwixt them , and the name of Blackader , who challenged to be heirs by entailment of the Lands to the heirs male . Wherefore they had laid wait for John divers times to have slain him : especially at one time he being in a Taverne in Edinburgh , and his men being all abroad , or in another room with a Gentleman or two of his acquaintance , and companions , a Priest of Arch-deacon Blackaders camè into the room where he was . John , not knowing who he was , desired him to drink with him out of courtesie , but he refused , and went forth presently . When he was gone , one of the house sayes to John , if ye had known who that man was , ye would not have offered him any wine , for it was such an one . If I had known ( sayes John ) that it had been he , I should have made him drink his bellie full whether he would or not . As they were thus talking , a servant of the house going to the door , espies the Arch-deacon coming with a great company of men , and came running to John and told him of it , who leaping to the door just as they were ready to enter , made good the door , and drave them back , so that with much ado , he and those that were with him found means to shut it . This attempt so incensed him , that having understood of the Arch-deacons coming to Edinburgh at this time , he lay in wait for him by the way , and slew him . This slaughter was imputed to the Earle of Angus by his enemies ; at least some aspersion thereof was rubbed upon him , because ( as they alledged ) Angus had sent for the Arch-deacon , and he was come upon his sending for , and ( as some said ) upon an appointment of agreeance to be made betwixt John Hume and him . But John ever in all discourse , or conference of that businesse denied that ever there was any appointment , or overture of agreement , or that he ever knew of Angus his sending for him . That which made it the rather beleeved to be done by Angus consent , or privity was , because when in the tumult raised upon the slaughter , divers went out to have apprehended John , Sir George Douglas ( the Earls brother ) went out also to have taken him at the Earls command , who was highly offended that he should have committed this insolencie in his government ; whom when the others saw , they suspected that he being Johns wives uncle , and seeing many Douglasses and Humes in his company ( who were friends and allied with John ) was come out , not to apprehend but to defend and assist him . Wherefore they returned from pursuing of him . Sir George also returned shortly after without finding him ; neither was there any search made for him after that : Angus ( besides that he was uncle to Johns wife ) having almost continuall use of serviceable and active men , being loath to offend his brother Sir David , and his other friends in the Merse . And now were things in working , and a faction making against Angus . Arch-bishop Beton , who had joyned with him rather out of fear , than good-will , had quickly fallen off from them : And Angus , to be revenged of him , had brought the King to his lodging in Edinburgh , and intrometted and seized on his houshold stuffe for his own use . Argyle and Lennox had separated from him : The Queen and Arran were his professed enemies . These had their friends about the King. Lennox was ever with him , and most entire of any . His domestick servants were corrupted by the Queen , who therefore all sought by all means to alienate the Kings minde from the Douglasses , detracting and calumniating their actions , some justly , many of them unjustly , aggravating their errours , mis-interpreting things doubtfull , concealing the good which they did , and traducing all . Thus did the King ( though to retain his favour they had used him with all indulgence , and had loosed the rains to all delights and pleasures , even more than was fit ) weary of their government . Yet were they so incircumspect , or carelesse , that they neglected to remove his suspected servants , and to place their own assured friends about him ; either not doubting them that were wirh him , or being too confident in their own strength and power , so that by little and little he became altogether alienate : at last he opened his minde to such as he trusted , and began to conferre with them of the way and means how to be set free from that bondage , as he was taught to call it . Above all he did most especially conferre with the Earle of Lennox . While they are in plotting of these devices , Angus ( either not knowing , or not caring what they were doing ) was much troubled in settling and ordering the borders , and the out-laws there . He had made many rodes thither , but effected nothing or litle . Now he takes resolution ( for the better furtherance ) to go into Tividale , and ( the more to terrifie the malefactours , and to encourage others against them ) to take the King with him . Being come to Jedbrough , he moves the King to command the chief of the Clannes to bring in such men as were given up by name in writing to him . It was obeyed ; and by that mean many were execute and put to death , many pardoned in hope of amendment , and that of the principall malefactours . While all are glad hereof , and their mindes loosed to some peace of contentment , the occasion seemed fair , and as it had been fallen from Heaven , to them who were enemies to the Douglasses , of taking the King out of their hands and custodie . The mean is devised thus , that Balcleugh ( who dwelt within a little of Jedbrough ) should invite the King to his house , and retain him there ( being not unwilling ) till more were come and conveened . But that plot failed by chance , or by discovery , the King being brought back to Melrosse . Notwithstanding hereof , Balcleugh resolving to prosecute ; what he intended , would assay to do by force what he had failed in by craft . He assembled about 1000. horse of his friends and other borderers accustomed to theft . He cast himself to be in the Kings way , as he was to passe into Lowthian at the Bridge of Melrosse upon Tweed . The Earle of Angus sends to him , and asks his meaning , & wils him to retire . He answered , he was come to show himself , and his friends to the King his Master , as other border-men did . Then a Herauld was sent to him , commanding him to with-draw himself out of the way , in the Kings name ; but his answer was , that he knew the Kings minde as well as he , and would not go away till he saw him . The Earle of Angus had not so many in number about him as Balcleugh , yet those he had being his choyce Gentlemen , together with the Chiefs of the names of Hume , and Ker , George Lord Hume , and Andrew Ker of Cesford , all valiant and active men , he resolved to hazzard battell . And because they were all come out on horse-back , he gave order that they should alight , and fight on foot . The Lord Hume answered , he would do so if the King would command him to do it . We hear not what answer was made , or that the King commanded , but he alighted , and took part very honestly with the rest . Balcleugh also alighted , but he had no sooner joyned battell , than a great number of his men ( better accustomed to steal then to fight ) fled away and left him . He himself , and his friends , stood to it manfully , and continued the fight , which was for a space very fierce and hard ; as being in the presence of the King , who was a beholder , and was to be the reward of the victor . At last Walter Scot of Balcleugh , being hurt , his whole company turned their backs , there being fourscore of them slain , and having first slain Andrew Ker of Cesford . Balcleugh escaped himself out of the Field . Hereupon began deadly feude betwixt the Kers and Scots ; or was renued and continued divers years after , and divers murthers and slaughters followed upon it , amongst which was the slaughter of Sir Walter Scot himself in Edinburhg . There my Lord Fleming also alighted with Angus , and took part in the conflict ; but the Earle of Lennox sate still on his horse by the King , as an indifferent spectatour , and looker on . He being before a suspected , but now ( by this ) a declared enemie to the Douglasses with-drew himself from Court. This fell out about the 18. of July 1526. After this attempt , Angus perceiving so many evil-affected toward him , entred into parleying with the Earle of Arran ; and having composed their old differences , received him to be his partner , and fellow-governour in ruling the Countrey . This did the more incense Lennox against them both , and his anger made them both the more watchfull and carefull to strengthen themselves against him . The ground of their dissention was this ; Lennox was Arrans sisters sonne ( as hath been said ) and failing heirs of his own body , was to be his heir , and to succeed as well to the Earldome of Arran , as to his right and title to the Kingdome of Scotland , after the King and his heires , and there being great appearance of it , Lennox had conceived great hope that he should be his heir , because his uncle Arran had been long married to the Chamberlan Hume his sister , and had no children by her . She also her self ( whether because she was of good age , or because she had been so long barren ) h●…d lost all hope to conceive ; whereupon her husband ( either by her advice , or not without her consent , as is thought ) divorceth from her , pretending he had before he married her , lien with a kinswoman of hers , that was so near in bloud , as made his marriage with her incestuous , and so could not be brooked by him with a good conscience . So being divorced , he marries one Beton , daughter to Creigh in Fyfe , who was brother to Beton Archbishop of S. Andrewes . This was a great stop in the Earle of Lennox his hopes , chiefly concerning the Earledome of Arran , for as touching the Crown , the report went , that the King would entaile that to him , out of his own favour . Neither was his hope of Arran quite given over , if the divorcement could afterward be quarrelled either in substance , or formality , which Lawyers might readily do in a subject of this nature , which is so full of questions and doubts . These things wrought jealousie , that contrariety , and alienation of mindes , which soone begat hostility and hatred . The diversity of faction increased it , and it bred and increased the faction . The King held firm for Lennox , or was held firm by him , and sent him many private Letters to many of the Nobilitie , with whom he dealt , and drew a great faction . In which being very confident , he assembled them at Stirlin , where was Arch-bishop Beton , and divers other Bishops . There he propounded in plain terms , the setting of the King at liberty ; which they decreed and appointed a day for the performance and execution thereof . Angus so soon as he had found the winde thereof , and had begun to smell it out , had written to the Earle of Arran to come to Lithgow , where they might meet , and take such order as was needfull . Arran was not slow , but gathered his Forces quickly , and kept the appointment . Lennox hearing of it , resolved ( though the day were not yet come that was appointed for his associats to conveen at Stirlin ) to adventure to set upon the Hamiltons , before Angus ( who was at Edinburgh ) should joyne with them , with such power as he had ready about him . The Hamiltons having notice of Lennox his intention , advertised the Earle of Angus thereof . Angus made ●…eady , and addressed himself for the journey , but he got many letts and impediments . The King also did hinder and stay him not a little , for he lay long a bed , pretending indisposition and sickishnesse , he marched slowly , and stayed often , and made many halts by the way , as being weary , and troubled with loosenesse of his belly , which moved him often to untrusse , which he did onely for an excuse of purpose to stay them . Angus perceiving it , and fearing lest he should come too late , left his brother Sir George , and some few with him to attend the King , made all the haste he could to joyn with Arran in time . In this mean while , Lennox was come from Stirlin straight to Linlithgow ; and the Hamiltons issuing out of the Town , had manned the Bridge , which is a mile from the Town ; and the rest had put themselves in order of battell along some small hils not farre from the Bridge . This forced Lennox to forsake the passing of the River by the Bridge , and to crosse the water at a foord a little above , near to the Abbey of Machlein . He exhorted his men to assaile the Hamiltons , before Angus should come to assist them : and they made haste , but by too much haste they broke their ranks , and having the little hils to climbe up , they were out of winde when they came to strokes , and withall the cry arose that Angus did approach . So the Hamiltons assailing them with long Weapons from a ground of advantage , and the Douglasses also coming upon them on the other hand , Lennox his men were over-thrown , being sore wounded . This was done ere Sir George Douglas could come to them , who desired greatly to be with his brother , but was held back by the Kings pretences . It is constantly reported , that Sir George seeing the King linger thus , and knowing that he did it of purpose , said to him in great fury , It is as much as our lives are worthy , if our enemies get you from us to day ; which , rather than they shall do , we will hold fast one half of you , and let them pull away the other . These words the King never forgot , nor forgave ; neither would ever hear of pardoning him ; when he seemed not to be implacable towards the rest . When the King could not stay Augus any longer from going to aide the Hamiltons , he sent Andrew Wood of Largoe to have saved Lennox life by all means . But he was slain in the chace by the Earle of Arrans base son James Hamilton , who used the victory cruelly , and whom afterwards a Groom of Lennox wounded almost to death , having stabbed him in five or six places , in revenge of his Lords death . He was lamented of his uncle Arran with many tears ; by Angus with sorrow and sadnesse of heart ; but above all , the King took his death ill , seeing his care to save him not to have succeeded . It is said that when he was coming from Stirlin , Arran sent to him , and prayed him not to come forward , but to stay , otherwise that he would force him to fight him , which he desired not to do . To which Lennox answered ; That he would not stay , but would go and see the King maugre him , and all that would take his part . But his purpose was directly to fight the Hamiltons , and not to go to the King ; for he could not go to him , and leave them strong behinde him , having the Douglasses before him . There were slain with him the Laird of Howstoun , and the Master of Glencarne was sore wounded , and hardly saved by the Earle of Angus , whose Cousin he was ( brother and sisters children ) as is said above . After the Battell , those that had born arms against the King were enquired after , and summoned to compeere in judgement ; but some of them compounded for money , some became dependers to the house of Angus , some to the Earle of Arran . The obstinate were pursued by Law , such as the Earle of Cassils , who alledged for himself , that he had the Kings Letter to show for his warrant , to do what he had done ; whereupon they desisted from further processe against him ; which I see no ground why they should have done upon a private Letter ; and as little reason is there why they could not charge him with the hurting or slaying of some man , seeing he was in the Battel . It should seem they would not have been so malicious , & vehement against men , as our writers give out ; or not so pregnant in the inventing of crimes and quarrells , as men are now a dayes . Cassills was slain by the Sheriffe of Aire his friends ( a little after ) at the instigation of Arrans bastard , who had killed Lennox at Linlithgow , because he stood to justifie himself , and refused to become a depender of the house of Arran . His son betook himself to the protection of the Douglasses , came to Archbald Douglas of Kilspindie ( who was then Thesaurer to the King ) and was kindely received by him , and lovingly entreated , as one who for his noble birth and towardlinesse he intended to make his son-in-law . Now the Earle of Angus knowing well that Archbishop Beton was one of the chief stirrers up of the Earle of Lennox in this enterprise against him , remembring also how he had before stirred up Arran in the same manner , and his assisting of him at Edinburgh , and many other times , goes now to S. Andrews , takes the Castle by force , and pillageth it , but could not apprehend the Fox himself , who fled from hole to hole , and linked secretly amongst his friends . The Queen also ( lest she should come into her husbands hands ) kept her self hid and solitarie . These escaped their search . After this he went to the Border , where he caused the principall of every Name to give pledges and hostages for their good behaviour , and keeping of good order . And first he went into Liddisdale with an army , where they came and yeelded themselves to him ; and the rest of the Borderers followed their example . And now had the Earle of Angus settled all things , in all appearance . His enemies were overcome on the East hand at Melrosse ; on the West at Lithgow ; the Earle of Lennox was dead , and his Faction dispersed and broken , the Queens authoritie dashed , and Bishop Beton beaten out of the cock-pit , both put to save themselves by hiding , all-husht , and under hatches ; no partie , no faction , no men to make head against him . An estate highly esteemed , greatly affected , and mueh sought for by men . But as in our bodies , fulnesse of health hath the own danger , so in our estates , too great prosperitie and ease are the fore-runners of change , which ( as experience doth teach ) is even then at the doores when there is least appearance otherwise . It fell out just so now while the Douglasses were thus secure of all danger , knowing too well , and leaning too much to their own strength , no partie to take the King from them , no place strong enough to keep him in when he were taken , nor to keep them out , no meanes to effect either the one or the other , and threupon grew slothfull in attending him , are often abroad about their businesse , he findes first the place , then the means to escape , then the party to maintaine it , and at last to over-throw them . The Queen ( his mother ) had the Castle of Stirlin as a part of her dowrie , which , while she ( for fear of the Douglasses ) hides her self , was left emptie and waste , and yet not seized on by them , who were neither so greedie , as men would have them to appear , by so much ; neither so circumspect as wise men should have been , to secure themselves , knowing the fitnesse of the place for such a purpose , the disposition of the owner , and the inclination of the King toward themselves . Now her fear being somewhat abated , and the coasts being clear of them , the Queens servants returned thither , and furnished it more for show , than sufficient resistance of any Force . The King making ( wisely ) choice of it , knowing there was no other place so strong , pretending the conveniencie of hunting ( even to her ) transacts secretly with her , and gives her Methwen in exchange for it , with other Lands about Methwen , no lesse convenient and profitable for her . And so he had gotten his first point , a place of retreat . The meanes how to retire , were easie , which was the next . He was in Falkland , which was not far from Stirlin , in a countrey not subject to the Douglasses , nor near their forces and power . Angus , and Sir George his brother , are both absent about affairs of the Countrey , and none of theirs we hear of , that were to attend the King , or few and negligent they were , as men are wont when they are secure . So he goeth from Falkland , to Stirlin in the night , with a few of his familiar servants , as secretly as he could . Having gained these two points of them by their errour , there rested the third ( without which these errours had been no errours to them , nor advantage to him , they had been of no effect nor importance ) that was a partie to maintain the retreat . This is the main point , and their main errour , the cause , and the ground of the other two errours , that made them slothfull in seizing that house , in attending the King , because they laid their ground , there could be no partie in Scotland . And Buchanan writes concerning the Earle Bothwels refusall to be Lieutenant against them , that he saw them a little before to be such , as all the rest of Scotland were not able to match them . But they took not heed , nor considered , that then the King was with them . However his minde was against them , he was in their custodie and power , and if any had been ill-affected to them , he could be no warrant to any Faction , having no assurance of his life , which was at their disposing , and therefore he could not be a Head to any : These considerations being of no small consequence , as the event now proves : for he is no sooner gone from them , than he findes a partie against them , now that he could be a Head to a partie . He writes for many of the Nobilitie , they come all to him : others upon the first news of his retiring , came without staying till they were sent for . So that he quickly found himself free , and out of danger to be forced . Then by their advice he causeth make a Proclamation , that the Douglasses abstaine from all administration , and handling of publick affairs , and that none of them , or their dependers , come within twelve miles of the King , under pain of death . This Edict being brought to them , as they were on their way toward Stirlin , many of their friends advised them to go forward , but the Earle himself , and Sir George , resolved to obey , and perswaded the rest to do so . A dutifull and wise resolution , if there was not sufficient power with them to go forward , which others that counselled them to go on , have thought sufficient : And if withall they had resolved to lay down their necks under the yoke , and beare whatsoever should be laid upon them . But that they did not resolve to do , as appeareth afterward , therefore they lost here also the occasion which might have procured them peace on better and more equall termes . They returned to Linlithgow to remain there till they should hear farther from Court. This their retiring , and not going forward to Stirlin , is such an over-sight , as a man could scarce have looked for at so wise and resolute heads and hands . But where ruine is determined , wisedome is taken from the wisest , and hearts from the hardiest . They will disobey more out of time hereafter . The King makes use of that respit of time , assembleth more and more Forces , summonds a Parliament in September . They go to Edinburgh , and assemble also their friends more fully . Both parties aimed more at their own security , and to defend themselves , than to offend the other , yet they give place again , and the second of August leave the City , which day the King entred with displayed banner : from thence ( by entreatie of friends ) he sent conditions to them , which if they would obey , there was some hope showne of clemencie and gentle dealing towards them . These were , That the Earle of Angus himself should be confined beyond Spey , and his brother Sir George , together with his uncle Archbald of Kilspindie , should go to prison to the Castle of Edinburgh . But they rejected the conditions , and thereupon were summoned to compeare at the Parliament in Edinburgh the sixth of September . In the mean while their Offices are taken from them , the Chancellorship from the Ear●… , which we hear not when it was given to him . Archbishop Beton had been Chancellour in the Governours time , he had consented to the Triumvirate , and afterward had left and forsaken them . Then , hath it been taken from Beton ( as far as we can conjecture ) and given to Angus . It was now given to Gawin Dumbar the Kings Pedagogue in law matters , one who was no ill man , but who was thought to be a greater Schollar , than wise and prudent for government . The Thesaurers place was taken from Kilspindie , and given to Robert Carnecrosse , a man better knowne by his bags of money , than for his vertues . Thus driven to their last hopes , they labour to hinder the meeting of the Parliament , by taking of Edinburgh where it was to sit , and from whence the King was returned to Stirlin . For this end they send Archbald of Kilspindie , with some troops of horse , to assay what he could do . A poor shift , if they had gotten it . But the King had prevented them , and sent thither Robert Maxwell , who with his friends and dependers , assisted by a great number of the Commons , excluded them , and with watch and ward kept the town till the Kings return . Hereupon Angus retired to his house at Tantallon . The day of the Parliament being come , they were cited , accused , condemned , and forfeited ; the Earle , Sir George , Kilspindie , and Drummond of Carnock . The main cause , and clearest evidence given in against them , was , that the King swore he was ever in fear of his life , so long as he vvas vvith them . It is strange that his feare should have seemed a sufficient cause and evidence of forfeiture . Their absence was no cause , for they were prohibited to come vvithin 12. miles of the K. & they had forgotten to release them from that command & interdiction . Sir John Ballandine , who was then one of their dependers , & afterward Justice-Clerk , knew it well , and did freely and courageously protest in open audience , that nothing done there should be hurtfull , or prejudicial to the Earle , because he had just cause of fear , & so of his absence , which should be declared in the own time ; which was both an honest part toward his patron , and a wise and stout part in it self . Upon this protestation the forfeiture was reduced seventeen years after this . But for the present it goeth on , and an act was also made against such as should receive them , that they should be liable to the same punishment of forfeiture . Soon after this , William , Abbot of Halyroodhouse ( Angus his brother ) died through sicknesse which he had contracted by grief and sorrow for their estate . The rest , seeing no appearance of pardon , make now for open violence . Who can think but it was as unfit now , as fit to have used it when they stayed from going to Stirlin ? But then they have had hope of more favour , which hath marred all their course . Better late wise than never , time was driven , but they counted it not lost , because by their so long patience they had given proof of their goodwill ; now they will shew their enemies what power they had then ; and that it was willingnesse , not weaknesse , made them to forbeare doing more than they did . They burn Cowsland , and Cranston , and daily rode about Edinburgh in view of the City , so that it was in a manner besieged , the mean sort suffering for the faults of the great ones . By this their proceeding , the theeves and broken men of the borders , and elsewhere ( whom they had before restrained in their government ) loosed from all fear of them , waxed bold to come out of their lurking places , and greatly molested the Countrey people about them . Many outrages were committed by many , in many places ; oppression , theft , murders , and robberies . All was imputed to the Douglasses , and called their doing by the Courtiers , thinking thereby to please the King well . There was a Ship ( called the Martin ) which being loaden with rich Ware , brake about the Skate-raw , and the common people came and took away the goods from the owners ; this was laid also upon them , and their faction and followers , though nothing of it came to their use , unlesse it were that some of their stragling horsemen , happening to be there at that time , might perhaps get their share with others . About this time the King resolves to besiege Tantallon Castle in Lowthian , some sixteen miles from Edinburgh , and for that purpose causes bring Ordinance , Powder and Bullet from Dumbar , which was then kept by the servants of the late Governour the Duke of Albanie , as a portion of his patrimony . There was in Tantallon one Simeon Penangoe , with a competent number of men , well furnished and provided both of Victuals and Munition . The Earle himself remained at Billie in the Merse ; within his Baronie of Bonkle , not willing to shut himself up within the Wals of any strength , having ever in his mouth this maxime ( which he had received from his Predecessours ) That it was better to hear the Lark sing , than the Mouse cheep . The Castle was well defended for certain dayes , none hurt within ; many without were wounded with shot from the Castle , and some burnt and scalded with their own Powder , which took fire unawates , and divers killed . The besiegers were troubled without by the horsemen , who assaulted them daily at their trenches , so that seeing no hope of carrying it , they raised their siege , and retired . In their retreat they were set upon in the Reare by Angus his horsemen ; and one David Falconer ( a principall Cannonier ) slain with some other hired Musketiers , and two of the Cannons cloyed . This the K. took so highly ( esteeming it an affront and scorn put upon him ) that he swore openly , that so long as he lived , the Douglasses should never be received into favour . He was then young , and in his hot bloud , and saw not their worth , or at least looked upon it through the prospective of an angry passion ; but before he died , he saw it more setledly and clearly , and that their service was more steadable than all theirs that were now about him . Being come to Edinburgh , he adviseth what was next to be done . It was thought fit to keep a company at Coldingham , which needed not to be very great , but onely to lye there constantly , to preserve and protect the common people from their incursions . But that was to Bell the Cat ; a good designe , but difficult to prosecute . Billie ( where Angus made his residence ) is within five miles of Coldingham , and all the Countrey about did favour him ; yea , some in that same Town it self did bear him good will. The task to execute this conclusion , was laid upon the Earle Bothwell , who was the most powerfull man in Lowthian . He refuses it absolutely , as that which he was not able to perform . So is the King driven to think of another . The Earle of Arran was the greatest in power and friendship ; but he had slain the Earle of Lennox at Linlithgow , and was in societie with the Douglasses . He doubts with what zeal or fidelity he would prosecute the businesse . Argyle was in great account , for warrelike and politick wisedome ; But he lay farre off , in the North-West parts of the Kingdome . There is no remedie , he must be the man ; he is made Lieutenant , and ( as our Writers say ) by the Lord Humes assistance drove Angus out of Scotland . But all our ancient men , who lived in those dayes , and were present at those doings , and actors in them , say the contrary , That he did no good , but came to Dumbar , and some of his companies going before , were set upon at the Peeths , and three or fourscore of them slain . Hereupon was made this rime in derision , beginning thus : The Earle of Argyle is bound to ride From the border of Edge-bucklin bray , And all his Habergeons him beside , Each man upon a sonke of Stray , They made their vow that they would slay , &c. Neither did the Lord Hume take any particular dealing against him ; neither did he leave Scotland , being compelled thereto by force ( as our traditioners say ) but upon the King of Englands desire , who wished him so farre to obey and yeeld to his Prince . He also caused him to render Tantallon up to the King. What warrand the King of England had , and what promises by word ( for it stood not with his honour to give any thing in writ , that his clemency might be free and voluntary , and not by capitulation ) our History doth rather glance at it , than expresse it in these words . That the Castle of Tantallon being rendred , the King should under his hand-writing assure them of the rest of their petitions . Yet the Castle being rendred , the rest were not ( for all that ) sincerely kept . What he speaks of the rendering of the Castle , our old men ( acquainted with these mysteries ) speak also of the Earles leaving Scotland ; That both were done upon these promises . They tell also what the promises were , that they should be received again ; pardoned , and get their peace the Kings honour being once thus salved by his going out of the Countrey , and rendering of the Castle ) within such a space as was agreed on . Our Histories also signifie no lesse by the exception which it makes in this : The rest ( sayes he ) were not sincerely kept , except that favour was granted to Alexander Drumond to return , &c. Then his return hath been one of the conditions , seeing it is accepted as one of them that were performed . Neither hath the condition been that he alone should return , but that they should be brought home all of them . He signifies also , that Drumonds return was not permitted out of any respect to the promise , but at the request of Robert Bartaine . So that the exception is no exception ; and so nothing hath been keeped . But the King of England ( to whom the promise was made ) was not at this time disposed to exact the performance of it , and to back his exacting of it with 40000. men , as Princes promises should be urged . Men say he had other work in hand , and businesse of his own to request for ; which was to desire his Nephew James to be quiet , and not to trouble his Kingdome while he made Warre against the Emperour Charles . Yet afterward in the year 1532. he sought it directly amongst the conditions of peace , that the Douglas ( according to his promise ) should be restored . For King Henries own part he entertained them with all kinde of beneficence and honour , and made both the Earle and Sir George of his privie Councell . The Kings anger still continued against them in such sort , that nine years after , in 1537. he was contented that Jeane Douglas Lady Glames ( who was Angus sister ) should be accused by false witnesses , condemned and execute . The point of her accusation was , that she , and her husband ( Archbald Campbell then ) and her sonne and an old Priest , had gone about to make away the King by Witch-craft . Their servants were tried and racked , but confessed nothing , the accuser John Lion ( a Kinsman of her first husband ) when he saw how they were like to be used , and that the house of Glames would be ruined ; repenting of what he had done , confessed to the King that he had wronged them ; but it did no good . She was burnt upon the Castle hill with great commiseration of the people , in regard of her noble bloud , of her husband , being in the prime of her years , of a singular beauty , and suffering all , though a woman , with a man-like courage , all men conceiving that it was not this fact , but the hatred the King carried to her brothers , that had brought her to this end . Her husband seeking to escape over the wall of the Castle , fell , and broke his leg , and so died . Her sonne was kept in prison , because he was so young that the law could not strike against him . Others were committed to Ward , as Sir George Hume of Wedderburne ( who was Angus his sisters son ) to the Black-Nesse , for whom his mother Dame Alison Douglas coming often to entreat the King for him , though he alwayes used her courteously , and gave her good countenance ( and that almost onely to her of all their friends ) so that his language was by way of excusing without deniall , yet she could obtain nothing till a little before his death about the rode of Fawla , when hee began to misse their service , then he set him at libertie . His implacabilitie did also appear in his carriage toward Archbald of Kilspindie , whom he ( when he was a childe ) loved singularly well for his ability of body , and was wont to call him his Gray Steell . Archbald being banished into England , could not well comport with the humour of that Nation , which he thought to be too proud , and that they had too high a conceit of themselves , joyned with a contempt and despising of all others . Wherefore being wearied of that life , and remembring the Kings favour of old toward him , he determined to trie the Kings mercifulnesse and clemency . So he comes into Scotland , and taking occasion of the Kings hunting in the Park at Stirlin , he casts himself to be in his way , as he was comming home to the Castle . So soon as the King saw him afar off , ere he came near , he ghessed it was he , and said to one of his Courtiers , yonder is my Gray Steell , Archbald of Kilspindie , if he be alive . The other answered , that it could not be he , and that he durst not come into the Kings presence . The King approaching , he fell upon his knees , and craved pardon , and promised from thence forward to abstain from all meddling in publick affairs , and to lead a quiet and a private life . The King went by without giving him any answer , and trotted a good round pace up the hill . Kilspindie followed , and ( though he wore on him a Secret , or shirt of Maile for his particular enemies ) was as soon at the Castle gate as the King. There he sat him down upon a stone without , and entreated some of the Kings servants for a cup of drink , being wearie and thirstie : but they fearing the Kings displeasure , durst give him none . When the K. was sat at his dinner , he asked what he had done , what he had said , and whither he was gone ? It was told him , that he had desired a cup of drink , and had gotten none . The King reproved them very sharply for their discourtesie , and told them , that if he had not taken an oath , that no Douglas should ever serve him , he would have received him into his service , for he had seen him sometime a man of great abilitie . Then he sent him word to go to Leith , and expect his farther pleasure . Then some kinsman of David Falconer ( the Cannonier that was slain at Tantallon ) began to quarell with Archbald about the matter , wherewith the King shewed himself not well pleased when he heard of it . Then he commanded him to go to France for a certain space , till he heard farther from him . And so he did , and died shortly after . This gave occasion to the King of England ( Henry the 8. ) to blame his Nephew , alledging the old saying , That a Kings face should give grace . For this Archbald ( whatsoever were Anguses or Sir George his fault ) had not been principall actor of any thing , nor no counsellour or stirrer up , but onely a follower of his friends , and that no wayes cruelly disposed . He caused also execute Sir James Hamilton of Evendale , for divers reasons : but that which incensed him most , was his correspondencie , and secret trafficking and meeting with the banished Douglasses , especially with Sir George , whom he met with in the Park-head , as the King was informed . There was no man that he could hear had but received them into his house , but he caused apprehend , and execute the rigour of the law upon them . He caused the Laird of Blackader bring in John Nisbet of the Spittell , and made him to be executed to death , for receiving ( as was alledged at least ) the Earle of Angus into his house . These many executions proceeding from many reports and delations given to him , bred great suspition in his minde , all the woods seemed full of theeves . Many were put to death for the Douglasses ; this was a token that they had many favourers : many were offended by these executions , and so many ill-willers by being offended . So his suspition against the Nobilitie was daily increased , his jealousie growes , cares multiply , his minde is disturbed , which would not suffer him to sleep sound , but troubled his head with dreames and fansies . In the mean time the Warres began with England by mutuall incursions on the Borders . The King sent George Gordon Earle of Huntley to the Border to represse the English. But they seeing his Forces so small , came forward to have burnt Jedburgh . The Lord Hume hearing of their intention , went and lay in their way . The Earle of Angus had been sent down to the Border by the K. of England , to wait for occasion to do something against Scotland , and was now with these English here . Hee disswaded them from fighting , and told them , that the Lord Hume would not flee , nor his men leave him , and that they would all die at his feet . But they would needs fight , and were overthrowne . The Earle of Angus himself was almost taken , for he was caught about the neck , and rid himself again with his dagger , and so escaped . There were some slaine , more taken , all scattered and chased . The King was so glad hereof , that he gave the lands of the Hirsell to Sir Andrew Ker of Little-dean for bringing the first newes hereof : but he that was the chief actor the Lord Hume got nothing . This was at Halden rig . Then was the rode of Fawla , where the Nobilitie did flatly refuse to fight , and suffered the English to retire , and escape without battell or skirmish . The King being there in person , was so enraged hereat , that he burst forth into open railing against them , calling them cowards , and beasts that were not worthy of their places or Predecessours ; and withall told them , that he should bring home those that durst and would fight , meaning the Earle of Angus and his friends . Then followed on the neck of this the defeat at Solemne-Mosse , where Oliver Sinclar being deserted by the Nobility , was fain to flie , and so lost the day , and many were taken prisoners ; many also yeelded themselves to the English. The King , who was not farre off , when he heard of it , was wonderfully commoved , having his minde distracted with indignation , anger , grief and sorrow ; now thinking how to be avenged on them that had dealt thus traiterously with him ; then of new preparation for the Warres , & how it should be managed . For which he saw now there was but one way left , which was to bring home the Earle of Angus , upon what ever terms ; seeing at last what a subject he had thrust from him , and repenting him , said he should bring him home , that would take order with them also . But it was too late , for his death ensuing shortly after , hindered the execution of that purpose . He died the thirteenth of December 1542. leaving one onely daughter Mary his heir behinde him , a childe of five dayes old . But although he lived not to effect his determination , yet he gave them an honourable testimony of their worth , and withall made a confession of the wrong he had done to them , and gave them a clear absolviture from all former imputation . And so for their part they rest satisfied with it , and seek no other . The King was dead , who had purposed to have brought them home , his will is enough to them ; they stand not on ceremonies , they come home now unsent for . There were taken prisoners at the Solom-Mosse , seven Earles and Lords , foure and twenty others of inferiour , but good place and quality . When King Henry of England had triumphed a while over them ( causing to lead them from the Towre of London to Court through Cheapside Street the 20. of December upon Saint Thomas day ) he rebuked them as breakers of Covenant by a long harangue of his Chancellour ; who magnified the Kings mercy , who did ( said he ) remit much of the rigour he might justly have used against them . After this they had some more freedome ; and when the news of the Kings death was come , he dealt kindly with them , and told them his intention ; which was to have their Kings daughter married to his sonne Prince Edward , that so the Nations of England and Scotland might be joyned together by that alliance ; for affecting of which match he takes their promise to favour his designe , and to set it forward at home as farre as they might without dammage to their Countrey , or reproach and infamy to themselves . So ( having first taken pledges and hostages of them at New-Castle , by the Duke of North-folke , for their return , in case the peace were not agreed on ) he sent them home to Scotland the first of January 1543. with these returned our Douglasses ( the Earle and Sir George ) after fifteen years exile , and were received of all with great joy and gratulation . Onely they were not welcome to the Cardinall . They had been ever at variance , they ranne divers courses in policie , he suspected their Religion , specially Sir Georges . He knew they would not approve nor ratifie the Kings testament which he had forged , wherein he was made Protectour and Governour , with three Noblemen to be his Assessours . He doubted not , but that they would oppose him in the Parliament ; and therefore here he found means to be chosen Governor before their return . Yet his fraud was detected before they came home , and he debouted , and put from that authority . In his place James Hamilton Earle of Arran was chosen , as being the man to whom it properly belonged , as next heire , and best beloved , partly because they had a good opinion of his towardly disposition , and that he was not averse from the reformed Religion ( whereof he willingly read the controversies ) partly because they hated the Archbishop Beton and his priests crueltie , which put every man in fear of their government . That businesse was settled ere they came home . The next point was the marriage of the young Queen , which they were to set forward with England . The Queen mother , and the Cardinall , and the whole faction of the Priests , oppose this way with all their might and power . But they prevailed not , and the Cardinall because he troubled all , and would suffer nothing to be done orderly , he was shut up in a Chamber till the matters were concluded , and pledges promised to bee given to the English Ambassadour Sir Ralphe Sadler for performance . Ambassadours also were sent into England to treat on the conditions . They were , the Earle of Glencarne , Sir George Douglas , Sir William Hamilton of Machane , and the Secretarie of estate . These remained foure moneths in England , agreed at last , and concluded all articles and conditions . But in their absence , the Cardinall was set at liberty , who troubled all , gathered a contribution of the Clergie , and what by bribing , what by other practices used by him , and the Queen , turns the Nobilitie quite an other way . When those that had been sent into England were returned , and found things in this estate , they were much grieved at it , and laboured to recall things , and to perswade them to keep their promise made to King Henry . To move them hereto , Sir George Douglas spake to them very earnestly , and told them the apologue of the asse , which a King did love so dearly , that he had a great minde and desire to have her to speak : and having dealt with divers Physicians to make her to speak , they told him it was a thing impossible , and gainst nature ; but he being impatient , and not enduring to have his desire crossed , slew them because they told him the truth . At last he trying about what others could doe , one , who was made wise by their example , being required to do it , he undertook it , but withall he shew him , that it was a great work , and would be very chargeable . The King being set upon it to have it done , told him he should have what allowance he pleased , and bade him spare for no charges : and that besides he would reward him liberally . The Physician told him that it would prove also a long cure , and could not be done in a day ; ten years were the fewest that could be allotted to it . The King considered of it , and was contented to allow him that time for performing it ; and so they agreed , and the Physician began to fall to work about his asse . His friends hearing of it , came to him , and asked him what he meant , to take in hand that which could not be performed in nature . He smiled , and said unto them , I thought you had been wiser than to ask me such a question : if I had ( sayes he ) refused to take it in hand , he had put me to death presently , now I have gained ten years time , before which be expired , who can tell what may happen . The King may die , the asse may die , I my self may die ; and if any of these happen , I am freed . In the mean time I shall be in good estate , wealth , honour , and the Kings favour . Even so ( sayes Sir George ) stands the case with us at this time : if wee refuse and leap back from the conditions that are propounded and agreed on , wee enter into present Warre , for which we are very unfit , and ill provided . If we embrace them , we gain time , we shall enjoy peace and quietnesse during the Queens childe-hood , and before that be expired , Prince Edward may die , our Queen may die , King Henry may die , or the parties when they come to age , may refuse one another , or then perhaps ( as things may fall out ) it may be thought the best way by us all . But he could not perswade them to it , the Queen mother , and the Cardinall , the Popish and Politick Faction standing for France , and drawing all to that end , had so wrought the matter , that there was no place left to any wholesome councell . These two for strengthening of their party had sent to France , and moved that King to send home Matthew Earle of Lennox a competitour and counterpoyse to the house of Hamilton . He came , being put in hope of the Queens marriage , and to be made Governour , but when he saw himself deluded , and Beton preferred to the government , in effect upon agreement of Arran , and the Cardinall ( wherein Arran had renounced the controverted heads of Religion , and addicted himself fully to the Queen and Cardinall , to be ruled by them ) he forsook them , and so did also the Governours chief friends leave him , and turne to Lennox : And now Lennox had made a strong party against the Governour and the Cardinall , but at last he was drawn to come to a Parley with them , first at Edinburgh , and then at Linlithgow , where finding that they intended to intrap him , he fled in the night , first to Glasgow , then to the Castle of Dumbartan . About this time the Hamiltons and Douglasses were reconciled : and for further assurance of sincere and firm friendship , Sir George Douglas , and Alexander Cunninghame Master of Glencarne , were given as pledges ( the one for his brother , and the other for his father ) to the Governour Hamilton , upon promise to be released within a few dayes , but they were kept till the English Army came . Angus himself also , and the Lord Maxwell going to mediate a peace betwixt the Governour and Lennox ( a dutifull part of a Nobleman , and of a good Patriot ) was retained ; and both sent out at a back-door at Glasgow , to Hamilton , while their followers did wait for them at the ordinary fore-gate of the Governours lodging . Angus was sent afterward to the Black-Nesse , and kept there a close prisoner . Thus were both he and his brother in the hands of their enemies : neither did their wisedome or experience , the examples of their Predecessours , or their own maximes and rules save them from being intrapped . But who can keep himself from deceit : What wisedome was ever able to do it ? we heard before in the Lord Hume ( Chamberlain ) how he was catched ; and therefore no wonder , though the young Douglasses ( put to death in Edinburgh Castle ) were deceived . It is wrong to impute it to want of fore-sight , as these two ( who were at other times wary enough ) may witnesse . They may thank God more than their own good guiding , if they escape with life ; but that God doth worke it out , where their wisedome failed . He sends in the English Navie , which was bound for Boloigne , under the command of the Earle of Hartford . Some sayes that they were so directed by King Henry to relieve the Earl and his brother ; some , that it was to revenge the rejecting of his affinitie . However it was the mean and occasion of their releasing . For having landed at Leith unlooked for , the Governour and Cardinall were forced to flee out of Edinburgh , which they burnt , being abandoned by them , and the Citizens being most of them absent about their Traffick . The Governour , either required to do so by the Earle of Hartford ( who threatned to destroy more of the Countrey after the same manner if he refused ) or of his own motion , so to regain their favour , and service of their followers , set them all at liberty , Angus , Maxwell , Glencarne , and Sir George . Their wisedome saved them not from being catched , but their worth releaseth them , either in the judgement of King Henry ( if it were his request ) or in the estimation of their enemies , if it came meerely of themselves , who saw how steadable , yea how necessary their favour was to them . That which had brought them home , if King James had lived , procures their liberty from this Governour now when the King is dead . Envie committed them , true valour brings them out of prison . So it is seen ere long : for Lennox being forsaken by the French , and his partners overthrowne by the Hamiltons , he fled into England , and was well received and entertained by King Henry , who gave him also his sisters daughter by the Earle of Angus , Lady Margaret Douglas to wife . On her he begate Henry Lord Darneley , who was married to Queen Mary of Scotland . He sought to have married the Queen Dowager , he is rejected ; but he fares better , and comes to reigne in both the Realmes by his Posteritie . Let men look on it , and see the deepnesse of providence , and learne not to distrust in whatsoever strait , seeing the worst doth often occasion the best ; for even in exile being condemned and forfeited , he was laying the foundation of this returne . Of these dissentions at home , the Forrein enemie takes advantage , the K. of England sends an Armie to Scotland , burnes Jedburgh , and Kelso , takes Coldinghame , and fortifies the Abbay and steeple thereof . Thither goes the Governour Hamilton with 8000. men in winter , and batters the steeple one whole day and night , all the Company standing all that while in Armes . The next day he took horse , and went to Dumbar with all the speed he could , accompanied onely with a few of his most familiar friends , without acquainting the Nobilitie or Armie with his departure . What it was that moved him hereto , is uncertain , whether it were some rumour of the enemies approaching , or that he feared lest his own Armie ( whom he had offended many wayes ) should have delivered him into the hands of the English. This troubled them all so much the more , because they knew not the reason of it . Wherefore they began to advise what was next to be done : Some thought it best that every man should go whither he would , and leave the Ordnance a prey to the enemie . Others thought it was better to charge them double , and so to break them , that they might not be usefull to the enemie . Thus is the case brought to an exigent , this is the place for the Earle of Angus to shew himself to be a Douglas of the right stamp . So he doth ; he rejects both these wayes as dishonourable , and exhorts them , that they would not adde this grosse errour in Warre to their shamefull flight . But when he could not perswade them either by reason or authoritie , he cryes out aloud , that they might all hear , For my part ( saith he ) I had rather die honourably , than live with shame , though with never so much riches and ease . Ye that are my friends and companions in armes , do what you think best , but I shall either bring home this Ordnance , or shall not bring home my self alive , and one and the same day shall end both my life and my honour . Having spoken thus , he commanded them to go on with the Ordnance , and he with his Companie , and some few moe that stayed with him for shame , marched after , to keep off the English that pursued them , and so brought them safely to Dumbar . Then turning him to the Master of the Ordnance , Take them there to thee ( saith he ) better thus , than either broken , or left behinde . A sober and gentle reproof to those that had abandoned him , yet such as might put them in minde of their fault . The honour was his , but the fault ( more observed oftentimes ) redounded to the discouraging of the Countrey , and emboldening of the English , which gave new occasion of stirring up in him the ancient vertues proper to the name , valour , and love of his Countrey . Sir Ralph Ivers , and Sir Brian Laiton , had made divers in-rodes into Scotland , in the Merse , Tividale , and Lawderdale , with good successe , finding no man to oppose or make head against them . The Inhabitants of those places , had for the most part yeelded , and taken on the badge of England , the red Crosse , or at least kept themselves in strong places in safetie from the enemie . They esteemed all conquered , and for that which rested , they made account to conquer all unto Forth . So to Court they go , and sue to the King for a reward of their service , the inlarging of his Dominions . The Duke of North-folk , who had made warre in Scotland divers times , and knew the fashion of the Countrey , how easie a matter it was to make the Commons ( when they wanted a Head in time of Civill and intestine dissention ) to yeeled to any conditions ; but withall know also , that they would presently cast off the yoke so soon as they found any to lead them into the field , he perswades the King to bestow upon them for their reward , all the Land that they had conquered , and to encourage them to go on , promiseth unto them all the Land that they could conquer more thereafter . They come to the Borders full of hopes , and increase their Forces by the addition of 3000. hired souldiers , with intention to go on with their conquest . This did greatly g●…ieve such Scots as remained true Scots indeed . The flight from Coldingham had discouraged them ; they could look for no good from the Governour . But he who had his Rose Garland unstained there , must be the man to do the turn here also . Angus had large possessions in the Merse and Tividale : therefore he had his particular interest , and could not so easily leave his lands for a prey to the enemy , nor suffer so great an indignitie in publick , and reproach to his Countrey . Being moved with both these considerations , he goeth to the Governour , and layeth before him the greatnesse of the danger , and how he did suffer in his own reputation for the businesse at Coldingham , and would now suffer more if he sat still and did nothing at this time : Wherefore he exhorteth him to take some course for the safety of the Countrey , and to repair his own honour . The Governour bewailes his own estate and condition , that he was not able to do any thing ; being deserted by the Nobility , whereof he complained heartily . Angus replyed , and told him it was his own fault ; For they ( said he ) would willingly hazzard and bestow both their lives and fortunes for the defence of their Countrey , but you contemn their counsel , and have given your self over to be guided by a company of Priests , who are unfit to go abroad to the Warres , and are seditious at home ; being free from perill themselves , they live on the fruits of other mens labours like Drones ; abusing and spending all upon their own pleasures . From hence doth spring this suspicion and jealousie betwixt you and the Nobilitie , that none of you doth beleeve or trust other , which is the bane of all actions , and hindreth the atchieving of any matter of moment . But if you will apply your self to them , and consult with them , who will not spare to spend their lives in the execution of things ; I do not distrust but as honourable acts may be performed by us now , as have been done at any time by our Predecessours . But if by sloth and negligence ye suffer the enemy thus to encroach by piece-meal , he will at last force us either to yeeld to him , or forsake the Countrey : of which two it is hard to say which is the most miserable and shamefull condition . As for us two , I know we are traduced by our enemies , they accuse me of betraying my Countrey , and you of cowardise , but if you will resolve throughly and soundly to do that now , which you must needs do some time , it shal not be a flourished speech , and painted words , that shall confute their calumnies , but the flourish of Armes , and a Pitched field . The Governour considering the truth , and honourable counsell given him , promised to follow his and the rest of the Nobilities advice . Hereupon Proclamation is made and sent into all the Provinces about , commanding the Nobiltie to repair to the Governour with all the haste they could , wheresoever he should happen to be . There came not above 300. horse , with these they march toward England ; and by the way some few of Lowthian , and some of the Merse joyn with them . So they come to Melrosse upon Tweed , where they intended to stay , and wait for the rest that were coming . The English were come to Jedbrough before , and now being advertised of the small number of the Scottish Army , they march toward Melrosse , having 5000. men in their Army , in great confidence to defeat so small a number as was with the Governour , who besides that they were so few , were also wearied with their journey . The Scots had notice of their coming , and thereupon retire to the next hils , where they might with safety espie what course the enemie would take . The English frustrate of their hope ( which was to have surprized them ) stay about the Town and Abbey of Melrosse , which had been spoyled not long before , to see what more spoil they could light on , untill it were day ; for this was in the night time . As soon as it was day , they began to march back toward Jedbrough , and the Scots ( to whom had now joyned Norman Lesly with 300. Fifemen , and Sir Walter Scot of Balcleugh , with a very few of his domesticks ) encountered them by the way . Both Armies alighted from their horses , and fought on foot . The English confiding in their number , and hoping with a few houres travell , to perchase honour and riches with peaceable and quiet possession of the Lands that were granted to them by their Kings gift , fought very valarously . They had divided their Army into three battels ; and seeing the Scots Grooms ( who rode up the hill with their masters horses , which they had put from them ) they supposing they had been the Scottish Army fleeing , made great haste to overtake them . And so ere they were aware , they were hard upon the Scottish battell , which stood in array in the valley at the foot of the hill unseen till now . At the first encounter their Foreward was beaten back upon the middle , and both together upon the Reer-ward ; so that their Ranks being broken , and all in confusion , they were constrained to flee , and the Scots following hard upon them in grosse , slew them down right without resistance . At night when the Scots were returned from the chace , every man repairing to his Colours , they found but two of their own slain ; & of the enemie ( besides Sir Ralph Ivers , and Brien Laton ) 200. or ( as others say ) 800. amongst whom there were divers Gentlemen of good note and qualitie . There were taken prisoners 1000. or as others 2000. ( with all their baggage which had been left at Melrosse ) of which there were 80. of good birth and qualitie . It was no little furtherance to the victory , the advantage which the Scots had of the Sunne going down , and so beating full in the eyes of the enemy : as also of the Winde that blew the smoak of the Powder on their faces likewise , so that they were blinded two wayes . They had also marched so fast to overtake the Scots , that they were quite out of breath almost ere they came to strokes ; and when they came to them , at the first joyning , the Scots that were on their side fled without fighting . It is said that the Earle of Angus was so resolute and void of feare , that when they were going to joyn battell , he perceiving a Heron flie over their heads , cryed out aloud ; O that I had my white Gose-hawke here , we should all yoke at once . The honour of the victorie was wholly given to him , and the profit came to the Governour . But the more honour that Angus got at home of his own countrey-men , the more hatred he had of the Enemy the English. King Henry blamed him , saying he was ungratefull , and vowed to be avenged of him for it . As if any gratitude could binde a man to betray his Countrey , or any benefite tie him to omit his duty toward it : Angus had never learned such gratitude of his Predecessours , nor could his noble heart stoop to such mercenarinesse . And as for his threatnings , he looked upon them with the same courage and resolution . Is our brother-in-law offended ( sayes he ) that I am a good Scottish man ? Because I have revenged the defacing of the tombes of my Ancestors at Melrosse upon Ralph Ivers ? They were better men than he , and I ought to have done no lesse : And will he take my life for that ? Little knows King Henry the skirts of Kirnetable , I can keep my self there from all his English hoste . The newes of this victory being come to France , the King sent Monsieur de L'orge Earle of Montgomerie into Scotland with 3000. foot , and 500. horse , to assist against England . He gave him also commission to bestow the order of the Cockle ( or S. Michael ) on the Governour , Angus , Huntley , and Argyle , which he did accordingly . De L'orge arrived about the fourth or fifth of July 1545. and moved the Governour to assemble some power of men , about 15000. which were mustered at Hadington . From thence they went to the Borders , and encamped over against Warke , an English Castle upon Tweed . But they did nothing to any purpose . Hereupon the Count Montgomerie returnes into France the rest of that year , and the next following , with a good part of the year 1547. there was nothing done abroad , or at home , save that the Cardinall was busied in causing execute such as were of the reformed Religion , whereupon followed his own tragicall death , and the French Galleyes coming , besieged S. Andrewes Castle , and carried away the authors of the Cardinals slaughter into France . The Earle of Angus hath had no hand in all these broyles ; for he is never mentioned in any of them . Only his naturall son George is said to have gotten the Abbacie of Arbrothe . But then ( if he got it ) he might have been called Abbot , and not Postulat , or Postulant , which implies , that he was ever asking it , but got it not . In the same year 1547. in August , King Henry of England dying , his son Edward ( a childe of some eight or nine years of age ) succeeded , and his Uncle the Earle of Hereford was created Duke of Sommerset , and made Protectour of England . He levied two Armies to come against Scotland , one by sea , another by land , in which he came himself in person , and with him the Earle of Warwick . It contained 18000. men . He pretended for the cause of his coming , the performance of the marriage betwixt the King his Nephew , and the young Queen of Scots , together with the observation of the Articles agreed upon with the Scottish Nobilitie in the Treatie of Peace with King Henry . The Governour was mightily perplexed herewith . He had no forraigne aide , and he distrusted his Countreymen at home . Notwithstanding he causeth it to be proclaimed , that they should assemble themselves to resiste the common enemie . They had their randezvous at Edinburgh , and there came thither to the number of 30000. men . From thence they march to Musclebrugh , which is seated at the mouth of the river of Eske in Lowthian some foure miles from Edinburgh . The English lay at Preston within two miles , and their Fleet sailed along the Coast , still in the view of the Land army , & ready to second or succour it . The Protector looking down from Carberrie Hill , and perceiving the Scottish Army to be greater than he had expected in regard of the civill discord and dissention that was amongst them , called a Councell of Warre , to advise about the Battell ; and in the mean time he sends a Letter to the Governour , to try if things could be taken away without blood . The summe of the Letter was , that he was come to crave the performance of the marriage , and the observance of the conditions agreed unto by the Scots . If they would not yeeld to that , yet if they would but promise not to enter into terms of marriage with any other forrain Prince , nor carry her out of the Countrey till she were come to years of discretion to choose her own husband , they should return in peace , and make satisfaction for any dammage their Army had done . This was very reasonable ; but it should have been treated of before they came from home , and rather by Ambassadours than in the field and camp . It hath never been the cause of their coming with an Army , but rather hope that no head could have been made against them ( in respect of the dissention for Religion and other divisions ) which perswaded them to come : Now the sight of an Army which was a sufficient party for them , had taught them wisedome and moderation in their conditions . If the Governour could also have moderated his hope of victorie , which arose from his confidence in the number of his men , the bargaine had been agreed on , and the businesse had ended without blood . But his councell of Warre ( his base brother the Bishop of S. Andrews , George Durie , Abbot of Dumfermling , Archbald Beton , and Hugh Rigge ) puffed him up with idle hope of a sure victory . So the Letter is supprest , and preparation made for battell . The Armies were thus ordered . The English were divided into three battels ; Whereof Warwick led the Vaunt-guard , together with Sir Francis Brien , who commanded 800. light horsemen which were in the wings . The Protectour himself commanded in the mid battell , having with him Sir Peter Mewtas with 600. Musketiers , and Jamboas a Spaniard with 1000. horse with Carabins . The Reer was conducted by the Lord Dacres , to whom was joyned Sir Richard Manners with 600. light horsemen . The men at Arms , and demilances , were commanded by the Lord Gray . The Scottish Army was also tripartite , of which Angus had the Vaunt-guard ; to whom were joyned Coile , Carrict , and Cunningham , with Stirlin-shire , and Stratherne , to the number of 10000. in all . The like number was with the Governour in the middle Ward , and as many with the Earle Huntley in the Reer . The English had resolved on a fair retreat toward Berwick , thinking it not fit to hazzard a battell upon such disadvantage in the number of men ; and not being able to stay without fighting , for want of vivers , which they could not bring in out of the Countrey by forraging , in regard of the neernesse of the enemy . In the mean time they perceive Angus with the Vantguard coming marching up the hill against them . He made no great haste at the first , knowing they could not stay long , thinking it better to assaile them in their retreat . But the Governour sent him word to advance , and yet for all that he marched but leisurely , till he sent to him again , and commanded him to mend his pace , assuring him that he and Huntley should be hard at his hand to support him . Then he marched so fast that the English beholding them from the hill , beleeved they had been all on horseback . Wherefore the Lord Gray wàs sent with his men at Arms , and demilances , on barbed horses , to stay them , and ( if he could ) to break their Ranks . The Scots were close joyned together ( as their manner is ) and carried long speares , not unlike the Macedonian Phalanx : Angus encourages them , exhorts them to fight manfully , & adviseth them to kill the horses by pricking them in the belly , for they were armed in the Counter . These men ( said he ) shall be our prey if ye do so . They followed his counsell , charged the enemy fiercely , and kept their Ranks so whole and close , that 200. of the English were brought to the ground and killed ; the rest retired to their companies . The Protectour commands the Lord Gray to charge again , but he answered ; that he might as well command him to runne against the walls of Boloigne , for it was as impossible to break through the Scots Ranks , as to break through a Brick-wall . Hereupon the Protectour resolved either to retire , or flee as they could , & called for some Scots in his army , who knew the wayes , to be their guides . One of these was named Thomas Lorraine , a Tenant to the Laird of Red-brayes in the Merse , of whom many have often heard this report . The Earl of Warwick adviseth to try another way ; he causeth Jamboas the Spaniard with his Carabins to set upon them in flanke . Hereupon they , lest they should break their Phalanx , turned softly toward him , from the right ascending of the hill , which way they were in before . The Governour with his mid battell seeing them declining from the straight way which led to the enemy , and which they had been in before , supposed they had fled , and so brake their own Ranks , and fled first themselves . Huntley with his Reer followed the Governours example , and fled likewise . The Vaunt-guard thus destitute of all support was overthrown , and most of them all killed . The English Ships had greatly annoyed the Scots Reer with shot from the Sea , for there was one Galley , and two Pinnaces , that came so near to the Shore , that they reached the enemy with their Ordnance , and Lochinvarre was slain by one of their shots . This the Governour and Huntley alledged for their not coming to succour the Vaunt-guard after the first charge , because their men ( chiefly the High-landers ) refused to go with them being so troubled from the Ships . There were slain in this battell a great number , and those of the Flowre of the Scottish Nobility ; amongst whom were the Masters of Ereskine , Grahame , Methvane , Oglevie , Levingston , and Rosse ; the Lords , Fleming , Glencarne , the Lairds of Lochleven , and Sir George Hume of Wedderburne . The Earle Angus his brother , Sir George , and Glenbarvie were commanded to keep themselves on horseback , and ride about the companies to exhort them and keep them in order . It was so much the more easie for them to flee , yet Glenbarvie was hardly pursued for the space of foure miles , being taken for the Earle of Angus , because he rode on a py-bald horse that was known to be the Earles . Angus himself escaped , and came that night to Calder , very heavie and sorrowfull for the losse of the battell , and of his friends . Many fled to the Castle of Dalkeeth , amongst whom was James Douglas Earle of Morton , afterward Regent of Scotland ; and David Hume of Wedderburne , brother to Sir George Hume that was slain in the field . The Castle was besieged by the English , and defended a while , but wanting provision of victuall for such a number of men as had fled thither , and having no hope of any relief to come to them against a victorious Army , it was rendered , and these fore-named made prisoners . The Earle of Angus complained heavily that he had been thus abandoned by the Governour and Huntley , and laid the blame on them of the losse of the day , and of his so many dear kinsmen ând friends , especially to the Queen-mother ; whom he went to visit at Stirlin . She seemed to be much grieved therewith , but was thought not to be discontented that the Hamiltons had suffered this disgrace , and their pride and authoritie was thus abated , which made for the setting forward of her project , which was to wring the Government out of their hands , and winde in her self into that place ; as also to bring in the Frenchmen , under the pretext that the Countrey was not able to maintain the warre against the English , who had fortified Insh-Keith , Saint Columbs Insh in Forth , Broghtie on Tay , Hadington on Tine ; at Lawder and Roxburgh built Forts , and taken the Castles of Hume , and Fascastle . The French were sent for , and came into Scotland at her request , these places were all regained by their assistance , the young Queen Mary was conveighed into France , to be married to the Daulphine , Francis the second afterward . Then the Queen-Mother dealt with the Governour to demit his place , which he did at last , and she was substitute into it as her daughters Deputie , having Monsieur D'Oselle ( a Frenchman ) for her Counsellour and adviser in all affaires . This was done in a Parliament in the year 1555. the 10. of April . All this while we hear nothing of the Earle of Angus , save at the siege of Hadington , where when the wals were battered and made assaultable by a sufficient breach , the French ( who were there ) refusing to enter the breach , ( because they being far from home , they could not easily repaire their losse of men ) the Earle of Angus moved with indignation hereat , left them , and went to Tantallon to remain there . And again , when Monsieur de Termes besieged Broghtie upon Tay , Angus is said to have been with him , and lying at Breeghen with some horsemen to have skirmished daylie with the enemie . At last both Broghtie , and another Castle near unto it were taken , and almost the whole Garrisons slain that were in them . And now the Queen-Mother being Regent , all her care and endeavour was to bring Scotland into subjection of the French. For this purpose a motion was made , that all men should be taxed proportionably , according to their meanes , and the moneyes levied thence , should be imployed to wage souldiers for the defence of the Countrey , that so the Gentlemen and Nobilities travell and bloud might be spared . None liked of this course , but every one eschewed to be the first refuser and opposer of it . At last the small Barons sent Sir James Sandilands of Calder , and the Laird of Weemes to her , whose speeches are set down at length . Thus our Writers say : But the ancient men report , that the Earle of Angus was the man that made the refusall ( it may be he joyned with them ) and that he came to Edinburgh , accompanied with 1000. horse , which was against her Proclamation , whereby it was forbidden that any man should have any moe in train then his domesticks and houshold servants , which was to make way for , and was another meane of their intended tyranny . She reproved him for transgressing the Proclamation by being so accompanied . He answered ; That the Knaves would not leave him , that he would gladly be rid of them , for they did eat all his Bread and his Beefe : that he would think himself much bound to her , if she would make him free and quit of them . Concerning the tax which she desired to be made , he said briefly ; We will fight our selves , and that better than any hired fellows ; our Prededecessours have done it , and so will we do also . They tell also how at another time , she desired of him to have his Castle of Tantallon to keep warders , in or upon I know not what pretext , or for what use . To this hee gave no direct answer for a long time , but having a Gose-hawke on his fist which he was feeding , spake of her , saying she was a greedy Glad , that she had already too much , and yet desired more . But when the Queen insisted ( not understanding , or not willing to understand his meaning ) he told her , Yes Madam , why not , all is yours , ye shall have it , it is at your service : But Madam , I must be Captain and keeper of it : I shall keep it for you as well as any man you shall put into it . They tell also how the Queen Regent had intention to make the Earle of Huntley a Duke ; whereof when she was discoursing with Angus she told him , how Huntley had done her very good service , for which she intended to advance him and make him a Duke , to which he answered , Why not Madam , we are happy that have such a Princesse , that can know and will acknowledgemens service , and is willing to recompense it : But by the might of God ( this was his oath when he was serious and in anger , at other times it was by Saint Bride of Douglas ) if he be a Duke , I will be a Drake ( alluding to the word Duke , which in Scotland signifies a Duck as well as that title and dignitie , which being the female , and the Drake the male , his meaning was he would be above and before him ) Our Predecessours ( sayes he ) have done as good service as he or his , for which they have the priviledge to be the first of the Nobilitie after those of the blood Royall , and I will not lose it in my time upon any such pretext . So she desisted from further prosecuting of that purpose . Not long after this he died in Tantallon , and was buried in Abernethie , when he had lived from his marrying the Queen in the year 1514. in continuall action , all the minority of King James the fifth , his majority , all the time of the Duke of Albanie , of the Governour Hamilton , and of the Queen-Mother , till the year 1556. or 57. the space of 44. or 45. years ; to which if we shall adde his age at his marriage ( of which we have no certainty ) and suppose it to have been 20. years , hee hath lived some 64. years . He was a man ( besides his other vertues spoken of ) of greater wisedom than he made show of , or then did appear unto men . His brother Sir George ( who died before him ) was more learned , and of greater eloquence , with whom he entertained alwayes brotherly love and friendship , and would seem to be guided much by his counsel , so that when any suit was made to him , his answer was , We shall advise with our brother . But his brother would tell them ( who came to entreat him to mediate with the Earle ) in plain language , that if he had referred it to his advising with him , it was a thing he intended not to do : for ( sayes he ) what he mindes to do , he never adviseth with me . Neither was he hereby accounted lesse wise indeed ; for even this was a point of wisedome , that he would have his brother seem more wise , which did no whit diminish nor derogate any thing from him . It was of this brotherly affection , that he espoused his brothers quarrell against George Lord Hume about the Lands of Cockburnspeth , or Colburnspeth , as some will have it termed . The Lands were possessed by one John Hume , who was a near Kinsman to the Lord Hume , but for some unkindnesse or hard dealing and usage of the said Lords towards him , he chose rather to sell them to Sir George Douglas . To put his brother in possession ( or to keep it ) the Earle assembled out of Cliddisdale , Tividale , and other parts to the number of 3000. men . He was also assisted by Sir George Hume of Wedderburne , and the Laird of Blackader , together with the rest of Wedderburnes father brothers , all of them except Broom-house , who followed the Lord Hume . Angus brought with him field-pieces , and all provision of Warre . The Lord Hume with his forces came to the Moor above the Park-gate of Cockburnspeth , and alighting from their horses , put their men in order of battell . But when he saw Angus begin to march toward him , and that none came between to bring the matter to a Parley , he shrunk back over the ditch that was near by . Hereupon Angus ( thinking it enough to retain his brothers possession ) stayed his Companies , and stood still . The Lord Hume retired , and going homeward , scattered his Company , and the Earle did the like . Here a quarrell was like to have arisen betwixt John Hume of Blackader , and one Douglas of Jedward forrest . For when Angus began to march against the Lord Hume , this Douglas sayes to Blackader ; Now we of the Forrest , will teach you of the Merse to fight . The other answered a little angerly onely for the time : but when all were retired , he challenged Douglas for those words : to whom Douglas answered , were ye angry at my words ? when the other said he was , It is well ( sayes he ) that ye were ; for I was afraid you would not have been half angry , nor have fought half eagerly , there being so many Humes on the other side . Besides his wisedome and brotherly affection , the Earle of Angus is also reported to have had a great dexteritie in conciliating mens favour . There was no man whom he would not winne with his courtesie and affabilitie , no man but he would take notice of him ; and pretended to know either himself , or his father , or his Grandfather , or some of his friends , whom he would praise unto them , and tell what honest men they had been , and what good service they had done in such and such a place , at such and such times . Of which they relate this instance , how being in Edinburgh talking ( in the Tolbooth ) with the Lord Drummond , there came a friend to Drummond , and took him aside to speak with him a little . When the Gentleman had ended , and was going away , Angus takes him kindly by the hand , and spake familiarly to him as if he had been of his acquaintance . After he was gone , my Lord Drummond asked Angus whether he knew the Gentleman or not ; he answered , that he knew him not at all , and had never so much as seen him before . How comes it then ( sayes Drummond ) that ye spake so familiarly to him ? He answered , I saw he was a friend of yours , and your friends are my friends : And besides , this doth gain mens hearts , If I were now in danger , or had to do , yonder man would assist one , and take my part . Archibaldus Secundus . Quam praestans animi ju venis formâque decorus , Et fuerim tantis , tunc quoque dignus avis . Testis erit thalamo quae me dignata Superbo , Nympha , par●…ns Regis , silia , sponsa , soror . Consiliis promptumque manu Teviotia laudat , Quae stratas acies vidit Ivere tuas . Atque tuas Latone : loquetur nos quoque sortos Esca lothi , & dextra hac me meruisse mori . Quin jam victor eram , ni Prorex Gordoniusque , Sive metus trepidasuasit abire fuga . Seu dolus aut error , liquissent turpiter hostem , Dum premo qui fugiens jam mihi terga dabat . Summus at hinc mihi surgit quod sanguine Creti , Sint nostro reges terra Britanna tui . Archbald the second Earle of that name . How lovely was my shape ! how sweet a grace Dwelt in my looks ! how like the Douglas race ! How gallant was my minde ! what hopes were had Of my fresh youth ! witnesse the Royall bed Of her who had been daughter , sister , wife , To three brave Kings ; how my ensuing life Made good these hopes ; how wise my projects were , Ivers and Laiton vanquish'd , witnesse beare . Pinkie beheld my strength , there had I gain'd The field , but Huntley , and the Regent stain'd Their honour : fear or errour made them flee , Ev'n when I wonne ground of the Enemie : Yet do not these such height of honour bring As t' have been Grandsire to Great Brittains King. Of David the eighth Earle of Angus : And of his father George , called Sir George of Pittendrigh . TO Archbald the second , dying without heires male of his own body , his brother Sir George of Pittendrigh should have succeeded , if he had out-lived him , wherefore we will speak a word of him . He got the Lands of Pittendrigh by marriage . His children by the heire of Pittendrigh ( whose name was Douglas also ) were David , who succeeded to the Earledome of Angus , and James Earle of Morton , and Regent of Scotland . This James got the Earledome of Morton by marrying the third daughter to the Earle of Morton , who was Douglas also , and so was made Earle by provision . Her other two sisters were married before , one to the Lord Hamilton Governour , and the other to the Lord Maxwell . He had also a naturall son , called George of Park-head , because he married the heire of Park-head in Douglas , she was also Douglas to name , of whom he begat James , afterward Lord Torthorall , by marriage likewise , and Sir George of Mordington . He had also a naturall daughter by the Lady Dundas , in her husbands time , called Elizabeth , who was married to Smeton Richeson . Of this Sir George we have spoken above in his brothers life , and how he died before his brother . His son David married Elizabeth Hamilton daughter to John Hamilton of Samilston , called John of Cliddisdale , brother German to Duke Hamilton who was Governour . She bare to him one onely son called Archbald , and two daughters , Margaret first Lady Balcleugh , then Countesse of Bothwell ; and Elizabeth Lady Maxwell . His wife after his death married the Laird of Whitelaw , and had before been married to the Laird of Johnston . This David lived not long , was little above a year Earle of Angus , neither hear we of any of his actions , being somewhat sickly and infirme of body . He died in Cockburnspeth in the year 1558. The ninth Earle of Angus , Archbald the third , and of his Uncle and Tutour James Douglas , Earle of Morton . TO David succeeded his son Archbald ; a childe not above two years old . His Tutour and Guardian was James Douglas Earle of Morton his Uncle , and mother to David . Wherefore it is no wayes out of our way , or impertinent for our History , but rather necessary and most requisite , that we should first speak of him , being a branch and a brother of the house of Angus , and in effect , Earle of Angus , as well as Morton , though under the name of Tutour , or Guardian . Of his marriage , we have told before , how he was married to Douglas his wife , and daughter to the Earle of Morton . She bare to him divers children ( ten as is reported ) but none of them lived long , but died all young , ere they came to perfect age . She her self became distracted of her wits , and would not company with her husband , alledging he was not her husband , but that he was Master Archbald Douglas , who was brother to William Douglas of Whittinghame , that her husband was dead , and that Master Archbald Douglas had killed him . She was kept and entertained by him as became her place , and had her residence at Tantallon , but he being deprived of her Company , loosed the rains to others , and begat three naturall Children : 1. James ( whose mother was one High in Dalkeeth ) who was made Captain of Black-Nesse Castle , Priour of Plusquardain ; and afterwards became Laird of Spot , by marrying the heir thereof , Anna Hume onely daughter to George Hume of Spot . 2. His second son was Archbald , whom he provided to the estate of Pittindreigh , which belonged to his father Sir George . 3. The third son was named Master George Douglas who was lame of his feet . Thus much his Children . Touching himself , during his childe-hood and youth he lived obscurely , and lurked for fear of the King ( James the fifth ) who had banished his Father , and Uncle , caused burn his Ant ( the Lady Glames ) and had professedly set himself against the whole name of Douglas utterly to ruine , and extirpate them . We do not hear that his elder brother David did thus hide himself , or if he did , it hath not been so observed of him : but of this James , it is certainly known that all the time of his fathers banishment and exile , he lurked under the borrowed name of James the Greeve , or James Innesse : First with his Cousin of Glenbarvie , afterward , for fear of being discovered with so near a Kinsman , with some Gentleman in the more Northern parts of Scotland . And as he bore the name , so did he also execute the office of a Greeve , and over-seer of the Lands and Rents , the Corne and Cattell of him with whom he lived . Neither was this ( howsoever mean ) imployment without great use , as nothing else in providence ever is , if it be rightly observed . It fitted him for those weighty matters , which afterward he was to meddle in , and schooled him for that charge in which he was to be employed ere long . For by this meane he became acquainted with the humours and disposition of the vulgar and inferiour sort of the common people , which knowledge is usefull and necessary to greatest Governours , that so they may know how to deale with them , and manage them according as they shall have occasion . He attain●…lso hereby such skill in husbandrie , and such perfection in oeconomy and thriftinesse , that having acquired a habite of frugalitie , he not onely repaired the decayed and shattered Estates of these two Earledomes ( Angus and Morton ) but also helped to recover , and augment the revenues of the Crown and Kingdome , more than any other Regent . So long as his uncle , father , and brother were alive , we do not hear any thing of him , neither is there any mention at all made of him , save that in the year 1547. as hath been said , after the battell at Muscleburgh , he yeelded up to the English his Castle of Dalkeeth , together with himself their prisoner , and was by them carried into England , being then about seven and twenty years of age , or thereby : How long he stayed there , we cannot affirme , but it should seeme he remained there certaine years , for during that time , he learned the Estate of that Countrey , together with the English tongue , and tone , which he did ever thereafter much delight to use . At his return , after the death of his brother David , he being Tutour , and Guardian to his Nephew Archbald Earle of Angus , finding both his own , and his pupils Estate greatly burdened with debt , he lived privately , and retired for a while with a very small retinue of his domesticks onely , neither going to Court , nor intermedling with any publick affairs , to avoid the charges which otherwise he must have undergone . Wherfore his first care was to reduce these two Earledomes to their former integritie , by frugall parsimonie in the beginning , & not to lavish out the remainder by untimely magnificence , esteeming wisely that means & money are the sinews , not onely of Warre , but also of all civill and politick actions . Now besides the burden that was on the Lands , his Nephews title to the Earledome of Angus was questionable . For if the entailement were not very strong ( as it seems it was not ) Lady Margaret Douglas Countesse of Lennox had the better right , and was before him , she being sole heir of Line to Archbald that married the Queen , and so inheritrix of Angus . It is true she lived in England with her husband Lennox , who was banished , but who knew how soon he might be recalled and restored ? Wherefore to prevent that danger , and to strengthen his Nephew and himself against their attempts hee contracts him to Monsieur D'Osels daughter , that by his means and friendship ( he being a French man ) he might have the Queens favour and good-will to uphold him against their claims . But this contract took no effect , for she was married afterward to Monsieur D'Aubespine , and Angus to others , as wee shall hear in his life . After that he had thus settled his affairs at home , he began to come abroad and to have a hand in publick businesse . In the year 1559. he with Duke Hamilton do mediate a truce between the Queen-Mother , and the Lords , from the 24. of July , untill the 10. of January . Some Writers say that he assisted , and sided with the Queen ; but it should seem that they have mis-taken the matter : for not long after , he joyned openly with those that were against her , and the French Faction ; and is now reckoned among the Noblemen that sent to the Queen of England for her aide and assistance . These were the Duke of Chattelraut , James Stuart brother to the young Queen ( afterward Earle of Murray ) the Earle of Arran ( son to the Duke ) Argyle , Glencairne , Rothes , Sutherland , Monteth , Huntley , Caithnesse , Arrol , Marshal , Montrose , Cassils , Eglinton : The Lords Ruthven , Oglebye , Ereskin , Drummond , Hume , Rosse , Creighton , Levingston , Sommervale , the whole Nobilitie almost . Their cause and their company being so good , Morton could not but take part with them : The common liberty of their Countrey against the French , and Religion was no lesse dear to him than it was to them . In matter of Religion , he was so forward , that the Book of Discipline being compiled by some appointed for that purpose , though divers refused to approve of it , and to set to their hands , yet he did it with the first , & received it willingly . Wherefore these two ( then which there is nothing dearer unto men ) being in danger , he was forced in a manner to lend his helping hand for their defence , pro aris & focis , as the common saying is . And that the rather , for that he saw there was no hope of peace , seeing the truce which he had procured till the 10. of January was not kept . For before the middle of September Monsieur La Croque , being sent out of France to certifie the Queen of the new Forces which were in levying for her aide under the leading of Marquesse D'Elbeufe her brother , she began to fortifie Leith with those French which were already in the Countrey . Not long after arrived Octavian ( a French Colonel ) with 1000. men , and immediatly followed him at the heeles La Brosse , Knight of the Cockle , with 2000. more . The next spring came also the Count Marquesse of the house of Luxemberg , afterward Duke D'Estamps , with 1000. foot , and some horse . These all remained and abode in Leith , which they had fortified ; but the Queen to secure her own Person , retired to the Castle of Edinburgh , though the Captain thereof , the Lord Ereskin , were on the contrary part . The Nobilitie assembling themselves at Dalkeeth Castle , which belonged to Morton , hard by Edinburgh , from thence do write to her , desiring that she would dismisse the French , who were forrainers , and set open the Town of Leith , that the Natives might have free recourse and commerce thither . When they could not obtain these things at her hands , the English , to the number of seven or eight thousand being already entred into Scotland , they sate down before Leith the 4. of April 1560. About the eight of June , the Queen-Mother dying in the Castle of Edinburgh , a peace was concluded , the Town of Leith was surrendered , and the French men returned home into their own Countrey . In the beginning of Winter , Morton , together with Glencairne , and Sir William Metellan of Lithington , Secretary , were sent to thank the Queen of England for her ready succour . Morton had also a private message from the Earle of Arran , sonne to Duke Hamilton , to lay out marriage to her , but it is not likely that he would deliver it , being so unprobable , and such a proposition as he knew would not be very acceptable unto her . In this journey , Morton procured of his Cousin Lady Margaret Douglas Countesse of Lennox , her renunciation of all claime and title she had to the Earledome of Angus , in favours of his Nephew Archbald , but being done without the consent of her husband ( Matthew Earle of Lennox ) it was renewed again afterward . The sixteenth of August 1561. Queen Mary returned out of France to her native Countrey and Kingdome of Scotland , her husband Francis the second of France , being dead before in December . The Nobilitie was still divided concerning matter of Religion , and although now having their native Princesse at home , her husband being dead , there was no great cause to fear the power or empire of strangers , yet did they suspect that she would be too much ruled and counselled by her Uncles the Cardinal of Loraine , and the Guisians . The Heads of the parties were James the Queens brother , and George Earle of Huntley , the first a zealous Protestant , and wholly bent to maintaine the received Reformation , and the other no lesse forward to reduce the Romish Religion . The Queen inclined to favour Huntleyes cause , but the Reformed Religion was established by Acts of Parliament , which had been ratified by her own consent . Huntley , as he was a craftie and turbulent man , so was he also esteemed to be by the Queen , and her uncles , who ( like unto themselves ) made but a cloak of Religion to attain his own ambitious ends and designes . Wherefore howbeit they thought him a fit instrument to bring their own purposes to passe , and made use of him , yet did they not trust him . James Earle of Murray by the contrary was sincere , upright , trustie , and faithfull in all his actions , but he ran a course directly opposite to that which they intended . The Earle of Morton entred into strait bonds of friendship with Murray , which continued so long as they lived together . They had the same friends , and the same enemies , the same ends and aimes , the good of their Countrey , and maintaining of Religion . They ran the same hazard in all perils and dangers , never separating their counsels , nor failing to aid and assist one another . Wherefore Murray being sent by the Queen against the out-lawes upon the Borders , being assisted by Morton and his friends ( who lay near unto these places ) he came to Hawick upon the Fair-day of that Town , and having apprehended fiftie of the most notorious Theeves which came to the Market fearing nothing , he did so terrifie the rest , that those parts remained peaceable and quiet for a long time after . This successe as it increased his reputation , so did it also more and more kindle the hatred and envie of his enemies . And now besides those at home , the Guisards did also plot his ruine . Their quarrell was Religion , their instrument Huntley , their hope , his power and greatnesse , which was given out to them to be rather more than it was indeed . Wherefore they write to the Queen ( their Neece ) to feed Huntley with large promises , and to entertaine his sonne John with hope of marrying her , and fair countenances , that so they might be drawn to do what she listed , to make away Murray and Morton , with their complices . The Popes Letters were to the same effect . She had sent to him for moneys to make Warre upon those that had spoken of the yoke of Popish obedience ; and his answer was , that she should not want his help ; so that she would do it seriously , that was ( according to the Cardinall of Lorains Glosse ) so that first of all she would cause make away those whose names were given her in writing . These Letters she shewed unto Murray and the rest ; either because she suspected they had notice of them some other way , or to lull them asleep in security , that being thus perswaded of her sincerity and good meaning , they might the more easily be over-reached and entrapped . So the project goeth on ; and all things being sufficiently fore-cast , and prepared for the accomplishing of their intentions , the Queen takes her Progresse into the North. Murray behooved to accompany her , and Morton would not forsake Murray . Who can imagine that their counsels should be disappointed ? The Forces which Murray and Morton had , were very small , and they were farre from their friends , which dwelt in the south parts of the Kingdome . Huntley commanded all in those quarters , being Lieutenant and Sheriff by inheritance : and compassed about with his friends and dependers : So the Game seemed sure . But what can prevaile against that which God hath ordained ? He had decreed to frustrate them , and that by themselves . The Queens intentions and Huntleys did not jumpe in all things : they had their severall ends . They agreed in their desire of being rid of those who opposed the re-establishing of Poperie , but Huntley had a further drift . He propounded to himself as the reward of his service , no lesse than the Queens Person , to be married to his sonne John , and so in effect the Crown and Kingdome . But howsoever the Queen by her carriage toward the young man , was contented they should please themselves with that conceit ; yet neither did she ever go so farre as to promise any such thing , neither was it indeed her meaning : for she desired no lesse to be rid of Huntley , and hated him much more than she did Murray , having had many proofs of his persidious dealing both toward her father , and her mother . Besides , she thought him too great and more powerfull than was fit for a Subject , or safe for the Prince . Wherefore before she began her journey into the North , she left his sonne John in prison behinde her . The pretext was , because he had hurt the Lord Oglebie in a Skirmish on the Street of Edinburgh ; but the true cause was , that he might be kept there as a pledge of his Fathers fidelitie , and that he being absent , Huntley might not constraine her to marry him , nor force her to any thing shee had not a minde to . But John made an escape out of prison , and followed the Queen , that his absence might not bee any hinderance to the marriage . So Huntley and his son gather their Forces together to meet the Queen , and to cut off Murray and Morton , as they would have her beleeve , but their main aim was withall to compel her to marry if she should refuse . This the Queen knew well enough : so that when the Countesse of Huntley did tell her from the Earle her husband , that he was ready to put in execution what had been determined , the Queen told her , that there was one thing which Huntley must needes do first of all , before any thing else were taken in hand . His sonne John had broken prison , which was a manifest contempt of her authoritie , and such a thing as she could not in honour wink at , and therefore he behooved to returne and enter himself prisoner in the Castle of Stirlin , though it were but for some few dayes , to shew his obedience and subjection to the Lawes . Huntley would none of that , for he saw that so his son should be made to answer for whatsoever should be done contrary to the Queenes liking , so there was a demurre in the businesse . In the mean time the Queen goes from Aberdene to Bawhan , the house of one Master Leslie a Gentleman , some twelve miles from the Town . This was thought a fit place to execute their designe upon Murray and Morton : but the Gentleman , though he was Huntlies friend , would upon no termes give way to have done in his house . Then the Queen went toward Strabogie ( a house of Huntleyes , where he had resolved to make an end of all ) but by the way she told the Earle , as they rode together , that unlesse his son would returne to his prison , she could not in honour go to his house . But he not condescending thereunto , though she were within sight of Strabogie , she turned another way , and went to a house of the Earle of Athols , from thence to Innernesse , where thinking to have lodged in the Castle , Huntleys servants that had the keeping thereof , shut the gates against her . Then did she perceive what danger she was in , being constrained to lodge in an open town , which had neither wall , nor rampart , nor ditch , the Countrey about being wholly at Huntleyes devotion , whose son John was in the fields with a thousand armed men , besides the countrey people , who were ready to joyne with him . Wherefore now seeing that her own safetie consisted in her brothers , having none else on whom she could relie & trust into , she began to make much of him & Morton . These two caused set a watch , and placed a strong Guard at all the entries of the town , by which means Huntleyes spies and intelligencers were taken : The next morning the Clon-chattans , with the Frasers , and Monroes , and many High-landers , understanding that their Princesse was in danger , came to her aide , and forsook Huntley . With these she took the Castle of Innernesse , and caused execute Alexander Gordon the Captain thereof , which was a sufficient testimonie of her alienation from Huntley . All this did not quail the Earle , or divert him from his purpose . His ambition spurred him on before , necessitie doth now drive him forward . He had gone too far to thinke of a retreat . Therefore he followes the Queen from Innernesse to Aberdene , watching for some oportunitie to effect his intentions . He lay not far from the town with his Companies , and had his intelligencers within it , the Earle of Sutherland , Master Leslie of Bawhan , black Alexander ( or Arthur ) Forbes . The townsmen were most of them , either of his kinred , or allied to him ; and all of them so affected , as that they neither would , or durst oppose him . But letters being intercepted , which Sutherland and Bawhan wrote to him , their plots were discovered , and they defeated of their intendments once more . Then Murray and Morton thinking it both tedious and perillous , to be alwayes on their guard , and to be defenders only , resolved to take their turne of assailing , and pursuing , if so happily they might break his Forces , and disperse them . And howbeit they had not of their own , that they could trust to above an hundred horse , yet being armed with authoritie , and the Majestie of their Soveraigne , for the safetie of whose person they were to fight , having gathered together of Forbeses and Leslies , to the number of seven or eight hundred , and hoping that albeit they inclined to favour Huntley , yet their duty and allegiance to their Princesse would not suffer them to betray her , they took the fields . These made great show of forwardnesse in conveening , and gave out great words and brags , that they alone would do all . Huntley with his men had taken a plot of ground , inclosed about with marishes , so that he was in a manner encamped . Murray and Morton , with the trustiest of their Friends , retired to a little hill , to behold the issue of this Battell , committing all to those who had taken it upon them : Onely they sent some hor●…men a by-way , to close up the passages of the marish , that Huntley being overcome , might not escape that way . So those boasters begin to march toward the enemie , and by the way they pluckt off the heath ( or hather ) which growes in abundance in those parts , and stuck it in their Helmets , and Head-pieces , according as it had been agreed upon betwixt them and Huntley . Wherefore , he thinking now ( these being for him ) that there was no power to resist him , came out of his Strength against t●…em , who presently turned their backs , and came fleeing with their swords drawn , and crying , Treason , treason , as if they had been betrayed , when indeed themselves were the traitours . They had thrown away their spears and long weapons , wherefore Murray and Morton , though they were astonished at the first sight of these hather-topped traitours , who came running toward them , with Huntley at their heels , yet they took courage , and resolved to stand to it . For as they were about to save themselves by flight , and were calling for their horses , William Douglas of Glenb arvie , ( who was afterward Earle of Angus ) requested them to stay ( as is reported ) saying , No horses , my Lords , we are strong enough for Huntley , and these men , though they flee , yet will they not fight against us . Wherefore let us present our pikes and spears to keep them out , that they come not in amongst us , to break our ranks , and the rest will prove easie . This advice was liked , and followed , so that Huntley expecting nothing lesse , than to finde resistance , and being destitute of long weapons , was forced ( some of his men being slain ) to give ground , and at last to flee as fast as before he had followed the counterfeit fleers . Then the Hather-tops perceiving that Huntley fled , turned upon him , and to make amends , slew most of them that were slain that day , which were some hundred and twentie , and an hundred taken prisoners , amongst whom was Huntley himself , and his sonnes John , and Adam . The Earle being an aged and corpulent pursie man , was stifled with his armour , and for want of breath in the taking . Some say , that he received a stroke on the head with a pistoll , but it seemes to be false : for it is reported , that when Huntley saw his men routed , he asked of those that were by him ; what the name of the ground was upon which they fought , and having learned that it was commonly called Corraighie , he repeated the name thrice , Corraighie , Corraighie , Corraighie , then God be mercifull to me . The name of the place put him in minde of a response or oracle ( if we may so call it ) which was given by a Witch in the Highland , to whom he had sent to enquire of his death , and she had told , that he should die at Corraighie . But whether the messenger , or he himself mis-took the word , he understood it of Creigh , a place which was in his way to Aberdene , and which ( riding thither ) he alwayes did shunne , by reason of this Sooth-sayers speech ; or if at any time he did adventure to go by it , he was sure to be well accompanied , and to have the fields cleared and curried before . But this event discovered his mistaking . It was also told him by some of the same profession , that the same day , on which he was taken , he should be in Aberdene , maugre those that would not so , neither should one drop of his bloud be spilt . This seemed to promise him a successefull journey ; but the ambiguitie thereof was cleared by his death : for he was indeed that night in Aberdene , being carried thither upon a paire of creels , or panniers , and that against the will of all his friends , who would not have had him brought thither in such a guise . Neither did he lose any bloud , but was choak'd for want of breath . Such are commonly the answers of such spirits , ambiguous , and of no use to the receivers ; yet mens curiositie is so prevalent , that posterity wil take no warning of former examples . Murray being glad of this so-unlooked-for-victory , sent to the Ministers of Aberdene , to be ready against his coming , to go to the Churches , and give God thanks for that dayes successe : which they did very solemnely , and ( no question ) heartily , as men are wont to do while the memory of a great delivery is yet fresh in their mindes . The next day John Gordon ( the Earles son ) was execute , and his brother Adam was pardoned in regard of his youth . George the eldest brother fled to his father-in-law Duke Hamilton , and afterward being arraigned & condemned of high treason , he was sent prisoner to the Castle of Dumbar : Who doth not see through this whole journey , but especially in this catastrophe , an over-ruling power and providence doth either willingly shut his eyes , or else hath his understanding blinded by partiality or prejudice . Five severall times ( at Bawhan , at Straboggie , at Inner-Nesse , at Aberdene , and last of all , at Corraighie ) did Huntley attempt to cut off these men , who were many degrees weaker ; and five times is hee disappointed . And that neither by their wisedome or strength , but by him who confounds the wisedome of the wise , and who delivers without the help of the arme of flesh . Neither were they delivered onely , but their enemies were also taken in the trap , and fell into the pit which they had digged for them . Let men observe it , and let them learne not to confide in their own ( never so seeming wisely grounded ) projects , lest they be thus disappointed as Huntley was . This fell out in the year 1562. After this they returned with the Queen to Edinburgh , where we will leave them in rest , and so in silence a year or two . In the year 1564. Matthew Stuart Earle of Lennox returned into Scotland after 22. years exile , and was restored to his estate in a Parliament . Not long after , his sonne Henry Lord Darnely , having obtained leave of the Queen of England for three moneths , came to do his duty to the Queen as his Princesse and Kinswoman . Hee being a proper and handsome young man , and her Cousin Germane by his mother , Lady Margaret Douglas , the Queen began to think him a fit husband for her , and ere long did propound the matter to the Nobilitie , craving their consent and approbation thereto . They were divided in their opinions . Hamilton and Murray were against the match , fearing alteration in Religion , he being a Romane Catholique , as the Queen also was . Besides , they thought it not fit to conclude any thing without the Queen of Englands consent . Morton was for it , and thought it great reason that shee should have her libertie in her choyce of a husband . He liked also the party , being his near Kinsman , the Lady Margaret Douglas and he being brothers children . Wherefore having endeavoured to draw those that stood against it to be of his opinion , when he could not prevaile , he professed openly he would do what lay in him to set it forward ; and speaking to the Duke and Murray , It will be long ( sayes he ) ere you two agree on a husband for her , if she marry not till you do , I fear me she marry not these seven years ; and so he left them . The rest bound themselves to withstand it . Her Uncles of Guise did also oppose it , intending to bestow her on some forraine Prince , so to strengthen themselves by some great alliance . The Queen of England did not so much dislike it , as she desired to have some hand and stroke in it . Notwithstanding all this opposition the marriage was consummate the 27. of July 1565. about some six moneths after he came into Scotland . Whatsoever the motives were that induced the parties thus to hasten it , so it pleased God in his wisedome and providence , to dispose of things that by joyning of these two , this happy conjunction of the two Kingdomes which we now see and enjoy , should spring from them without all controversie or question . The eldest daughter of King Henry the seventh of England , Margaret , had but two children ; James the fifth by King James the fourth , and Margaret Douglas ( born at Harbottle ) by Archbald Earle of Angus her second husband . James the fifth left behinde him but one childe , Mary , sole heire to the Crowne of Scotland . Lady Margaret Douglas , being brought up with her Uncle Henry the eight , was married to Matthew Stuart Earle of Lennox , who being banished , and living in England , had by her Henry , Lord Darnely , and Charles , father to Arabella . So that by this marriage of Queen Mary to Henry Lord Darnely , the whole right that was in Queen Margaret to the Crowne of England ( failing the heires of King Henry the eight ) was combined and united in the persons of these two , and their off spring . What eye is so blinde as not to see evidently the hand of the Almighty in this match ? In taking away her former husband ( the King of France ) in bringing her back again into Scotland ; in sending Lennox into England , there to marrie Lady Margaret Douglas , in bringing him and his sonne ( Henry ) home again after 22. years absence , and in moving Queen Mary to set her affection on him . I make no question but this consideration ( of strengthening the title to England ) hath been amongst the motives that drew on this match , though we finde none , or very slender mention thereof in our writers . The next day after the marriage , they were proclaimed with sound of Trumpet at the Market-Crosse of Edinburgh by a Herauld , Henry and Mary , King and Queen of Scotland . This was ill taken both of the Nobility and Commons . A King made by Proclamation ! The voice of a Herauld to be in stead of a Parliament ! King Francis , her former husband had not done so ; he had sought a matrimoniall Crowne from the three estates , and hardly obtained it , after he had been refused at first , yet not without consent of a Parliament . But by this it appeared they made no account of the estates , nor bare no respect unto the customes of the Kingdome . Every man thought it a great neglect and derogation to their priviledges , but the male-contented called it , a tyrannicall usurpation . Thus many of the Nobility being discontented withdrew themselves , and the want of their presence and countenance in guiding of affaires , did alienate the people . The principall male-contents were Hamilton , Murray , Argyle , Rothuse , Glencairne . Against these the King goeth to Glasgow with 4000. men . They lay at Pasley ; and though they were together , yet they were not all of one minde . The Hamiltons would not hear of any peace , alledging there could be no true and firme reconciliation with Princes once offended . The rest were not of their opinion : they said that matters had been hitherto carried without bloud ; neither were their differences such , but that they might be composed without stroke of sword ; especially in regard that there were some about their Princes , that would both mediate their peace , and endeavour to have it faithfully kept , The constant practice of their Predecessours , and the rule they had ever followed had been this ; To passe by , and not to take notice of the secret and hidden faults of their Princes , and to salve those things which were doubtfull by a favourable and charitable construction ; yea even to tolerate and beare with their open faults and errours , as far as might be , without the ruine of the common wealth ; of which nature they esteemed these slips in government to be proceeding from their youth , and want of experience , which might be redressed by calme and fair means . Duke Hamilton himself did like of their moderation , but the rest of the Hamiltons refused to assist them upon these terms ; wherefore they departed all of them , save the Duke , with some sixteen that attended his Person . By this departure they were so weakened , that not daring to abide the Kings coming , they went first to Hamilton , and the day following toward Edinburgh , but being shot at from the Castle , they took their way through Bigger to Dumfreis , to the Lord Harris , who had desired them to do so , and had made them many faire promises . But he failing them , they dismissed their Troupes , and fled into England . All this way the King with his Companies dogged them at the heeles , whereupon it was called , the Runne-away Rode ( or runne-about ) and , the wilde-goose chase . The King returned to Edinburgh in the latter end of October . All this while the Earle of Morton took part with the King and Queen , but he was suspected to favour the other side , which he did indeed so farre , as to wish that the matter might be so taken up , that none of their lives were endangered . Otherwise he was in a good place , and Chancellour for the time . But these male-contented Lords being thus removed , his house of Tantallon was seized , that it might not be a receipt and place of refuge for the Rebels , if they should happen to take it : But the true cause was , Rizio ( commonly known by the name Signior David ) had put the King and Queen in some jealousie of Morton ; the occasion whereof was this , This Italian ( or Pied-montoise ) was of a Musician , risen to such favour , that he was become Cabin-Secretary to the Queen ; and Sir William Metellan ( Secretary of estate ) finding himself prejudiced by him , who had encroached upon his office , as also out of the love he bare to Murray ( to whom Rizio was a professed enemy ) bethought himself how to be rid of him . Wherefore he appointed a meeting with Morton , and the Lord Harris , in which he used all the perswasions he could to induce them to cut off that base stranger , who took upon him to disturb the Countrey , did abuse the Queens favour , and set all in a combustion , to the dishonour of the Prince and Nobilitie ; telling them , that it belonged to them , and such as they were , to have a care that such disorders were not suffered unpunished . And the more to incite them thereto , he alledged the examples of former times , omitting nothing which he thought might move them to undertake it . But Morton ( as the Proverb is ) was as wise as he was wisely : He told him flatly , he would take no such violent course , he would do what he could by fair meanes for Murrays peace and restitution : but as for that way , it would offend the Queen highly , and therefore he would not meddle with it . Metellan seeing that he could not draw him to it by perswasion , casts about how to drive him to it by necessity . He betakes himself to Rizio , makes shew as if he were very desirous of his friendship , and proffers him his service so farre as he was able . After he had so insinuated with him , that he began to have some trust with him , he told him that the place he had ( to be the Queens Closet-Secretarie ) was neither gainefull , nor usuall in this Countrey , and that he might easily come by a better : The Lord Chancellours office ( sayes he ) is the most honourable , which is in Mortons hands , a man no wayes fit for the place , as being unlettered and unskilfull . Do but deal with the Queen to estrange her countenance from him , as one th●…t savours Murray a Rebell , and with the King to insist in his right to the Earledome of Angus , Morton will be glad to sue to you for your favour , and to obtain your friendship , will be content to demit his place of Chancellour in your behalf 〈◊〉 Onely , in regard that the place ( being the chief office in the Kingdome ) must be possessed by a Scottish Nobleman , you must first be made a free Denizan , and naturalized , and have the title of an Earle , which the Queen may conferre upon you of her self . This Metellan thought would incense Morton against Rizio , and force him to do him a mischief . Rizio began to follow this advice , in so much that the Castle of Tantallon was summoned , and delivered into the Kings hands . Likewise the King entred heir to his Grandfather Archbald Earle of Angus . The Queen also intending to create Rizio an Earle , would have bought Melvin Castle with the Lands belonging thereto for the first step of his preferment , but the owner would by no meanes part with them . And it is very probable , that he would have prosecuted the rest of the Plot , if he had not been interrupted , and dispatched before he could bring it to passe : for his credit increased so farre with the Queen , that like too big a Saile for a small Barke , he was not able to bear his good fortune , but being puft up therewith beyond measure , he forgot his duty to the King , and carried himself so insolently toward him , that the King resolved to rid himself of him upon any terms . So he imparts his minde to his friends , that Rizio must needs be made away . Those whom he first acquainted with his purpose , were George Douglas ( commonly called the Postulate ) a naturall brother of his mothers , an understanding and active man ; the Lord Ruthven who had married a naturall sister of his mothers , and the Lord Lindsay , who was his Cousin German , and had to wife a sister of the Earle of Murrayes ; and his own father the Earle of Lennox . These had concluded to lay hold on him as he came from the Tennesse-Court , where he used much , but he having gotten some inkling hereof , kept a Guard about him of some fifty Halbards , which constrained them to think of a new course . And because their power was neither sufficient to effect it , nor to bear it out when it were done , they thought good to joyne the Earle of Morton . He being somewhat alienated , and discontented with the Kings insisting in his claime to the Earledome of Angus , they sent to him Andrew Ker of Fadunside , and Sir John Ballindine Justice-Clerk to deal with him , who prevailed so farre , that he was content to come to Lennox Chamber where the King was . There they came soon to an agreement , the King and his father for themselves , and undertaking also for Lady Margaret Douglas ( whose consent they promised to obtaine , and that she should renue and ratifie what had been done by her self before ) renounced all title , right , interest , or claim they had or could make to the Earledome of Angus in favours of Archbald sonne to David , sometime Earle thereof . Having obtained this , he consented to assist the K. with all his power on these conditions . 1. That nothing should be altered in the received Religion , but that it should be established as fully , and in as ample manner , as it was before the Queen came home out of France . 2. That the banished Lords should be brought home and restored . 3. That the King would take the fact upon himself , and warrant them from whatsoever danger might follow thereon by the Queens displeasure . These Articles were given him in writing to subscribe , lest afterward out of his facilitie or levitie he should either deny it , or alter his minde , which he did very willingly , and even eagerly . Presently hereupon Lennox went into England to acquaint the banished Lords herewith , and to bring them near to the Borders of Scotland , that when Rizio were slaine , they might be ready to lay hold of the occasion for their restitution . And now the day of the Parliament drew near , in which they were to be forfeited ; and Rizio did bestirre himselfe notably to bring it to passe . He went about to all those that had vote in Parliament , to trie their mindes , and to terrifie them , by telling it was the Queens pleasure to have it so , and that whosoever voted to the contrary should incurre her high displeasure , and no waies do any good to the Noblemen . This made them hasten his death , to prevent the sentence which the Parliament might have given out against the Lords by Rizio his practises . Wherefore that they might take him , when his Guard was from him , and that it might the more clearly be seen , that the King was the chief authour of it , they determined to take him along with them , who should bring him out of the Queens Chamber , from whence he should be carried to the City and have his triall by assise , and so legally and formally ( for they had matter enough against him ) condemned and executed at the Market-Crosse of Edinburgh . So Morton assembled his friends , and going to the Abbey of Halyroodhouse ( the 8. of March 1566 ) in the evening , he seized the Keyes of the Palace , and leaving a sufficient number in the Inner-Court below , to keep in the Noblemen that were lodged in the Palace , and were not on the Plot , he himselfe went up to the presence , and there walked up and down . The King went directly to the Queens Chamber by the privie staires , and with him the Lord Ruthven , and some five more all armed . The Queen was at supper , and there was with her , her naturall sister the Countesse of Argyle , and Rizio with some few other servants . She was at first somewhat amazed to see them come into her Bed-Chamber being armed ; but because the Lord Ruthven had been sick of a burning fever , she thought he had been distracted with the vehemencie of the fit , so she asked what the matter was . Ruthven made no answer , but laid hold on Rizio , and told him it did not become him to be in that place . He ranne to the Queen , and clasped his hands about her to save himself , but the King taking her softly in his arms , told her they had determined to punish that villaine ; who had abused both them and the Countrey ; and withall unclasping Rizio his hands , he delivered him to Ruthven , who carried him from thence into the Privie-Chamber , and then to the Presence . In the mean time the Earle Bothwell and Huntley ( who were opposite to this course ) being lodged in the Palace , and hearing how things went on the Queens side , would have made resistance , by the help of the under-officers of Court , Butlers , Cooks , Skuls and suchlike , with Spits and Staves , but they were quickly rambarred , and beaten back by those that had been left of purpose in the Court by Morton . So Huntley and Bothwell fled out at backwindowes . Athole was perswaded to keep his Chamber by Secretary Metellan , who was on the Plot , and supped that night with Athole , partly to keep him from stirring , lest he might have offered or suffered violence ; partly and chiefly that he himself might not be suspected to have a finger in the Pie , having Athole to be a witnesse of his behaviour therein . He had given order to his followers , that they should remaine quiet till it came to be acted , and that then they should arme themselves , and runne hastily , as it were to an unknown and sudden fray and tumult , but if there were need , to assist Morton and those that guarded the Court. The noise of the scuffling which Huntly and Bothwel made below in the Court , coming to the eares of those that were above in the presence , and had Rizio in their hands ; they not knowing what it might import , but fearing that he might be rescued from them , they fell upon him , and stabbed him with their daggers , sore against the will , and besides the intention of Morton , and the rest of the Noblemen , who thought to have caused execute him upon the scaffold , so to have gratified the common people , to whom it would have been a most acceptable and pleasant sight . It is constantly reported that he was advised by one Damicote ( a French Priest , who was thought to have some skill in the black Art ) that now he had gotten good store of means and riches , it was best for him to return home to his native Countrey , where he needed not to feare the Nobilitie of Scotland , whose hatred he could not be able to stand out against long ; but he contemned his counsell , saying , The Scots were greater threatners , than doers . They say also , that one Signior Francese admonished him to carry himself more soberly , and not to irritate the Nobilitie ; for as he understood they bare him no great good will , and would not faile to do him some mischief one time or another ; but he answeredhim in Italians , Parole , parole , all was but words , he feared them not , they were no body , they were but like Ducks , which if some of them be stricken down , the rest will lie in . To whom the other replied , Take heed you finde them not rather like Geese , of which if you stirre but one , all the rest will flie upon you , and so plume you , that they will leave you neither Feather , nor Down . So when he was desired by some Diviner , or Sooth-sayer , to beware of the Bastard , he said , That Bastard should not have power to do much hurt in Scotland , so long as he lived ; understanding it to be spoken of Murray , who was Bastard-brother to the Queen . But the Bastard that slew him , was George Douglas ( as is the most received opinion ) who stabbed him with the Kings dagger , having none of his own then about him . This brought Morton into great trouble ; for the next day being the day of the Parliament , the banished Lords compeered in the Parliament-House , as they had been summoned , where finding no accuser , now that Rizio was gone , the Parliament was deserted , and the Queen reconciled unto them , intending to use their help against the slayers of Rizio . Wherefore she went first to Seton , then to Dumbar , where she assembled a sufficient number of men , so that Morton , Ruthven , and their partners , were fain to flee into England , but some of them lurked in the High-lands . Their Goods were confiscated , their places and Offices disposed of to others . Their friends , who were no wayes accessarie to that fact , were committed to prison . Sir David Hume of Wedderburne , onely because he was Mortons kinsman , was sent first to Dumbar , then to the Ken-moore in Galloway . It is true , it was his brother-in-laws house , and Loghen-varre was indeed a loving brother , yet was it farre from home , neither was he set free without bail to re-enter when he should be required . Thus were the dice changed . Morton was at Court , when Murray and his complices were banished : now they are in Court , when he and his associats are dis-courted , and forced to flee . He had favoured them , but had not joyned with them : they favour him , but think it not good to take part with him . Yet had they more reason to do it , for his fact had wrought out their Libertie , theirs had made him to be suspected . But whether they would not , or could not do him any good , or that they thought the time was not fit , and a better time was to be expected , the King ( who was the chief authour and first mover of it ) having for saken him , he was constrained to with-draw himself into England , as we have said . There he did not remain long in ease and quiet , for about the beginning of May , the Queen sent Master John Thornton ( Chanter of Murray ) desiring that he and the rest , might not be suffered to harbour within the Queen of Englands Dominions . She sent the same Thornton also to France with the like message , but it needed not , for they never meant to go thither . Queen Elizabeth sent one of her servants ( William Killigrew ) and by him promised to cause them voide her Realme before Mid-summer . It was so done in shew , they were warned to depart , and did depart from Newcastle , abstained from conversing in publick , but they lurked privately in a place not far from Anwick . No search was made for them , and the Messenger had whispered them in the ear , when he commanded them to be gone , that England was broad and wide . Before they came from Newcastle , he lost his good friend the Lord Ruthven , whom God called to his rest in mercy . Thus was he banished from Scotland , England , France , and Ireland , yet did he lurk still in England . But he lurked not long ; for matters were in brewing at home , which gave occasion to his returne . The Earle Bothwell was now become the Queens favourite , all men followed him , all preferment came by him . His thoughts were high , his ambition no lesse than to injoy the Queen , if she were free from a husband . To bring this designe to passe , she was content to forget all private quarrels with Morton , and he presumed that Morton being abandoned of the King , and ingaged to him for his return and restitution , as also being led with hope of his further goodwill , to gratifie him in any thing that might be procured from the Queen , would be induced either to become his friend , or at least not to be his enemy , nor to raise , or to side with any Faction against him ; which he esteemed a great point , & of much importance . There was amongst Bothwels followers , one M. Arch. Douglas , a brother of the house of Whittingame , by his mediation all former quarrels were taken away on both sides , & Mortons peace procured from the Q. on condition he should not come within a mile of the Court. This restraint he reckoned to be rather beneficiall , than hurtfull to him ; seeing that by that mean , he should be the farther off from whatsoever should happen amisse . Wherefore being returned before the Q. was brought to bed of her son James the 6. ( which was the 19. of June 1566 ) he becomes a spectatour , beholding a farre off what would be the issue of things . To sit on the shoare , & to behold others at sea tossed with winde and wave , though it cannot but stir our pity and commiseration in common humanity , yet when we reflect upon our selves , and consider how happy we are that are on firme land , free from these fears and dangers , the joy and contentment we have in our own safety , doth swallow up the former consideration of anothers danger . So it was with Morton , he saw what a fearful tragedie was like to be acted at court , but not being able to ●…inder it , he chose to keep at home . He was the Kings kinsman , yet could he do him no good , having had experience of his weaknes and inconstancy in his forsaking of him , after the killing of Rizio . He was beholding to Bothwell for his restoring , and therefore bound not to oppose him , in honesty and dutie he could not aid nor assist him in such courses . Wherefore he useth the benefite of his confining , and becomes a looker on . To declare the estate of those times , and to dilate it , let them do it that can delight to blaze the weaknesse of those , whom they ought to love and honour , and who have that task imposed upon them , by whatsoever necessitie . For my self , neither am I any way necessitated thereunto , neither could my soul ever delight in the reproach of any . I wish I could cover the sins of the world , they should never be uncovered , or known , but where necessity did require it , that so they might be taken away by order . My endeavour should rather be with the blessed sons of Noah , to overspread , with the mantle of silence and oblivion , the nakednesse of those to whom we owe even a filial dutie & pietie . Concerning that Princesse , my heart inclineth more to pitie ; I see good qualities in her , and love them : I see errours , and pity them : I see gentlenesse , courtesie , humilitie , beautie , wisedome , liberalitie ; who can but affect these ? If they be carried to inconvenience , who can but lament it ? In that sex , in that place , in that education , in that company : a woman , a Princesse , accustomed to pleasure , to have their will , by Religion , by sight , by example , by instigation , by soothing , and approbation . Happie , yea thrice happy are they who are guided through these rocks without touch , nay , without shipwrack . I do advert more than I finde set down by Writers , while I search into all the causes which might have drawn on these lamentable events . Besides the secret loathings in the estate of marriage ( which who knows but the actors ? ) bringing forth dislike , then quarrels on both sides , then crossing & th warting , then hatred , then desire to be freed ; besides all this , impotencie , and desire of revenge , being seconded with shew of reason , and backed with a colour of law and justice ; what wil it not do ? Her husband had killed a servant of hers , whom he had dragged violently out of her bed-chamber . Behold him therefore ( as Lawyers , or such as pretended skill in law would alledge ) guiltie of death in their judgment . He was not crowned , but proclaimed King only by her sole authority , never acknowledged by a Parliament , so was he but a private man , & a subject to her his Soveraigne , as are the wives and children of Kings . Wherefore his Fact ( in slaying Rizio ) was flat treason , for which he might have bin arraigned , and suffered according to law . But bearing the name of a King , & having many friends and kinred , a legall proceeding could hardly be attempted without great difficulty , and might have caused an insurrection , and much bloud-shed with uncertain event . Wherefore in wisedome the most convenient way was to do it privatly and secretly ; secret justice , is justice notwithstanding ; formalities are but for the common course of things . This was an extraordinary case . Justice is absolutly necessary , the form ( whether this , or that way ) is indifferent , it may be altered , or omitted ; the Princes power may dispense with forms in case of necessitie or conveniencie , so the substance be observed . Well , I conceive that a Prince upon such suggestions , upon dislike , in anger and indignation , might be drawn by his counsellours , neither can I but conceive , that these colours have been here represented to perswade , or to sooth . To be short , that fact so lamentable , and ( which I can never remember without lamenting ) every way in her own , and her husbands person , done by the Earle Bothwell , he murdering her husband , she marrying him , the matter seemed extreame strange and odious in the eyes of many . It is true , Bothwell was cleared , or rather not filed by an Assise ; but the Nobilitie judging him not to be sufficiently cleansed , but rather being fully perswaded that he was the authour of the murder , thought themselves bound in duty to bring him to a further triall . And howsoever he had married the Queen , yet did they not take themselves to be so farre bound in obedience to her , as in that regard to desist from all further inquiring into that Fact. Nay , it did rather move their indignation to see him who had committed so vile and execrable a murder , not onely to escape Scot-free , but to reap so large and rich a reward , as was the Queens own person . Besides , they thought the consequent might prove dangerous , if he who had massacred the father , and married the mother , should also have the son ( the onely barre and lett of his ambition , to establish the Crown to himself and his posteritie ) in his power and custodie . These were given out as the causes of their taking arms , which were very plausible to the vulgar , especially the safetie of the young Prince James . There is no question , they had also their own particular respects , which are seldome wanting , and do commonly concurre with the publick cause : wherefore there joyned together the Earles of Argyle , Glencairne , and Marre , the Lords Lindsay and Boyde . These bound themselves to pursue Bothwel , and to assist one another against whosoever would oppose them , especially to keep the young Prince from coming into Bothwels power . But Argyle repenting him , went the next morning to the Queen , and revealed all the matter , and the Lord Boyde also was at last perswaded with many fair promises , to forsake them , and joyn with Bothwell . The ●…st notwithstanding remained firme , with whom Morton took part . He thought he could do no lesse , being so near a kinsman to the late King , and so to the young Prince . It is true , he had been beholding to Bothwell , but no benefit could binde him to assist him in this case : for by so doing , he should have given some colourable ground to that report , which had so spred it self , that it was beleeved a while about the Court of England , that Murray and he were authours of the Kings murder . To have remained neutrall , would have been but ill taken on both sides . The Lord Hume , Cesford , and Balcleugh , though they had not subscribed with the other Lords , yet did they hate Bothwell , and were suspected to incline to the contrary Faction . The year preceding , Bothwel had made an in-rode upon Liddisdale , for the suppressing of theeves , and apprehending of out-lawed Borderers with bad successe , for he was wounded , and hardly escaped with his life . This year he resolves to repair his honour , and by some notable exploit , to gain the good-will of the people , which that he might the more easily do , the chief men of the name of Scot , and Ker , who were likely to hinder him , were commanded to enter into prison in the Castle of Edinburgh , and there to remain till his returne . But they fearing some worse meaning , went home to their houses . The Lord Hume also being summoned to enter , would not obey . Notwithstanding Bothwell goeth on with his intended journey , and so the Queen and he come to Borthwick Castle , there to make all things ready for this expedition . The adverse party thought this place was not unfit to surprize him in it : and therefore they appointed their Rendezvous at Liberton , whither Morton onely came . The Earle of Athole ( whither through his naturall slownesse or fearfulnesse ) by his not keeping that appointment , caused the rest to break also , and to stay still at Stirlin . The Lord Hume in hope to have been seconded , went directly to Borthwick , and lay about the Castle , but seeing no appearance of their coming , he kept such negligent watch , that the Queen and Bothwell escaped , and went back to the Castle of Dumbar . The Lords thus frustrated , went to Edinburgh to practise the Citizens there , and to draw them to their side , which they easily effected . The Castle was kept by Sir James Belfoure ( whom Bothwell had made Captain thereof , and who had been his intimate friend , and privie to all his secrets : But upon some distaste or distrust , Bothwell had sought to put him out of the place ; which he finding , had made himself full Master thereof : and he was now entred in termes of agreement , and capitulation with the Lords to put it into their hands , but had not yet concluded and transacted with them . There were in the City at this time of the other party , John Hamilton Bishop of S. Andrews , the Earle of Huntley , and the Bishop of Rosse John Lesly . These when they heard that the Lords were come into the Citie , came forth into the Street , hoping the Citizens would assist them and help them to expell the Lords ; but when they saw that few or none did resort to them , they fled to the Castle , where they were received ( the Captain thereof not having as yet agreed with the Lords ) and some few dayes after were let out at a posterne , and so escaped . In the mean time the Queen had sent abroad to assemble her forces . There came to her out of Lowthian , the Lords Seton , Yester , and Borthwick , small Barons , Waughton , Basse , and Ormeston . Out of the Merse , Sir David Hume of Wedderburne , with his Uncle Blackader , notwithstanding their Chief the Lord Hume , and his Cousin German Morton , were on the other side . Besides these , they had 200. hired Souldiers under the leading of Captain Anstrudder , mounting in all to 2000. and 500. with these they set forward from Dumbar , with intention to go to Leith , that so they might be nearer the enemy , and lose no opportunity of taking advantage of them . A wrong course , and ill advised : Whereas if they had but stayed a space in the Castle of Dumbar , the Lords not having sufficient forces to assault them there , nor Ordnance , or any other necessary provision for a seige , had been constrained to disperse themselves , and retire home to their own houses . Which if they had done , they might easily have been overthrown being separated and scattered , before they could have joyned their forces again . But there is a directour of all things , who had not ordained that Bothwell should prosper in his wayes ; which fell out also by his own temeritie , and the counsel of Master Edmond Hay ( his Lawyer ) who is said to have advised him thus , alledging that the Lords neither would nor durst abide their coming , but would presently flee upon the first noise of their approach ; and that if they did but once shew themselves in the fields , the Commons would all come flocking to them . But it fell out clean contrary , for neither did the people concurre with them ( because they hated Bothwell ) and the Lords having once taken Arms , were enforced by necessity to fight for their own safety . Their number was about some 2000. most part Gentlemen of good quality and ranke ; of the which , the chief were Morton , Marre , Athole , Glencairne , Montrose ; the Lords , Hume , Lindsay , Ruthven , Semple , and Sanwhere ; Small Barons , Cesford , Drumlenrigge , Tillebardine , Grange . They had no Artillerie , neither any Musketiers , save a few from Edinburgh . They caused to be drawn on their ensignes , the late King lying dead , and his young son the Prince James sitting on his knees , with his hands heaved up to Heaven with this Motto , Judge and revenge my cause , O LORD . While they were in Edinburgh , word was brought to them about midnight , that the Queen and Bothwell were come to Seton and Salt-Preston , within six miles of them . Whereupon they made haste , and having armed , went speedily toward Muscleburgh , lest the enemie should seize the Bridge and Foords of the River which was within two miles of Preston . So having passed it without disturbance a little after the Sun-rising , finding that the enemy did not stirre , they took their refreshment , and broke their fast at leasure . Not long after , those whom they had sent before to currie the fields , and to give notice what the enemie was about , having perceived a few horsemen without the village , drove them back again , but not daring to follow them for fear of some ambuscade , could learne nothing else , save that the enemie was ready to march . Hereupon the Lords also began to set forward toward them , and being now without the Towne of Muscleburgh they perceived the enemy , ranged in order of battell all along Carburie hill , ready to encounter them . The hill was steep , and the ascent difficult on that side , wherefore they turned a little to the right hand , where they might with more ease and lesse disadvantage ascend , the hill being there much plainer , and the ground more levell . This deceived the enemy , who seeing them turn aside , supposed they had fled to Dalketh , which belonged to Morton , and lay on that hand . But they being come where they would have been , set their men in order , having the Sun on their backs , and in the face of the enemie , which was no small advantage , for the day was exceeding hot , being the fifth of June 1567. besides , the Townes-men of Dalkeeth did furnish them sufficiently with drink , together with other villages that lay on that hand . But on Bothwels side it was not so , there was no such alacrity and readinesse in the people to supply them ; no foresight in themselves to provide , no chearfulnesse in the Army , but most of them wavering between their duty to the Queen , and their suspicion of Bothwels guiltinesse . Yet did they not offer to forsake her , neither would they have done it for anything we hear of , if Bothwell durst have stood to it . But his self-accusing conscience , struck his minde with such terrour and dread , that knowing what he had deserved , he judged other mens mindes to be accordingly affected toward him ; and seeing head made against him beyond his expectation , he began to doubt of the fidelity of those that were come to take part with him . Especially he distrusted Sir David Hume of Wedderburne , in regard of his friendship and Kinred with the Lord Hume , and Earle of Morton . Wherefore he moved the Queen to ask him whether he would abide constantly by her , and performe his part faithfully . He answered freely , that he was come to serve her , as his Soveraigne out of duty , and in sincerity , which he would do to the utmost of his power , against whomsoever , without respect of whatsoever friendship or kindred with any . Blackader said the like , and added withall , speaking to Bothwell , I wish my Lord , you stay as well by it , as we shall . That which made them the more to fear Sir David was , because a servant of his , as he went to drink at a well not farre from the enemie , was taken , and brought to Morton , who hearing whose man he was , dismissed him , and bade him tell his Master from him ; That if he were the man he should be , he alone might put an end to that dayes work , which is like enough he might have done , if either he would have revolted to the Lords , or forsaken Bothwell , and gone home . The rest of the Nobles and Gentlemen being in like manner exhorted by the Queen to fight valiantly , promised that for their own parts they would do it faithfully , but they said , the hearts of the common Souldiers were averse from Bothwell ; and thought it more reasonable that he should adventure his own Person in his own quarrell for maintaining his innocency , than that either her Majestie , or so many of her good Subjects should adventure or endanger their lives for him . But if she were resolved to trie the hazard of a battell , it was her best to deferre it till the next day , that the Hamiltons , who were on their journey , might joyne with them . As they were about to joyne battell , the French Ambassadour ( La Croque ) would have mediated a Peace , and came to the Lords , promising to obtain their pardon at the Queens hands for what was past , and that none of them should ever be called in question for their taking Armes against her , so that they would now lay them down , and proceed no further : Morton made answer , that they had not taken Armes against the Queen , but against Bothwell , who had murthered their King , whom if her Majestie would be pleased to abandon , they would quickly make it appear , that they desired nothing more than to continue in all dutifull obedience and allegeance to her , as became Loyall Subjects ; but so long as Bothwell remained unpunished , they could not in duty and conscience be so forgetfull of their late King , as not to avenge his murther . La Croque not being able to perswade them , retired to Edinburgh . All hope of peace and agreement being cut off , Bothwell being jealous of his Souldiers , and either intending in good earnest to fight , or for a Bravado , sent a Trumpet to the Lords to declare his innocency , in confidence whereof , if any would accuse him , and stand to his allegation , he was ready to maintain his cause against whosoever would attach him , in Duel , and single Combate . There were two of the Lords faction that undertook to make it good against him , William Kirkadie of Grange , and James Murray brother to Tilliberdine ; but he rejected these as not being his equals , and Peeres , he being an Earle , and they but Gentlemen onely . Wherefore he challenged Morton by name . He accepted of the challenge , and appointed the Weapons two-handed Swords , and to fight on foot . But the Lord Lindsay stepping forth , besought Morton and the rest , that for all the service that ever his Predecessours , or himself had done , or could do unto the country , that they would do him that honour as to suffer him to undertake that Combate ; which he said did also duly belong unto him , in regard of his nearnesse in bloud to the defunct King. They condescended , and Bothwell having nothing to accept against him , they prepared on both sides . Morton gave Lindsay the Sword which had been Earle Archbalds ( called commonly Bell the Cat ) wherewith he cut asunder Spenses thigh , as is shewed in his life . With this ( which Lindsay wore ever after ) and a buckler , as the manner then was , he presents himself before the Army , to attend Bothwels coming . But the Queen would not suffer him to fight , and interposing her authority , commanded him to desist . Then she sent a Herauld to the Lords , requiring them to send Grange to her , that she might conferre with him , and that in the mean time the Army should stand quiet . While the Queen did Parley with Grange , Bothwell ( as it had been fore-plotted ) conveyes himself secretly out of the Army , and fled to Dumbar . When the Queen had talked so long with Grange , as that Bothwell had time enough to escape , and be out of their reach , free from all danger of being overtaken , she went with him to the Lords ; and desiring them to suffer her Army to depart in safetie ( which they easily granted ) she dismissed them . Then she requested , that she might go to the Hamiltons , who were not farre off , at Corstorphing , to give them thanks for their good will , promising faithfully to return , whereupon she desired Morton to passe his word , and be suretie for her . A strange request for her to ask in such a case ; farre stranger for them to have granted , or for Morton to have undertaken that which lay not in his power to , see performed . Bothwell had escaped to their great grief and discontentment ; the Queen onely remained , the pledge of peace , and foile of their enemies , who wanting her did want a head . Therefore her suite was denied , and she brought to Edinburgh . There a consultation was held , what were fittest to be done with her . Amongst great diversitie of opinions , Morton would by no means yeeld to have her life meddled withall , desiring onely that some such course might be taken , as that the professed Religion might not be prejudiced , and that they themselves might be secured from future danger . Yet there were some that pressed the matter very hard against him , alledging that there was no possibilitie , either to preserve Religion , or secure themselves , so long as she were alive . Promises were to no purpose , and of no value . They might be easily eluded , as proceeding from a just fear , and compulsion , as they would call it . And to imprison her were no better ; seeing there would not want a party ere long to set her free . And though there were no party , yet she her self might use means to escape , and others might help her ; yea , without all these , time and occasion would work her delivery . Nay some went so far with him , as to denounce GODS judgements against him , as a hinderer of the execution of justice , which he himself should feele upon his own person , because he would not give way to it in the person of another . For it is but justice ( said they ) else if it be unlawfull , so is this detaining of her unlawfull , and whatsoever we have done is unlawfull , and flat treason . All this notwithstanding , Morton would not consent unto it , but made answer , That howsoever they had gone thus farre being drawne to it by necessity , for the preservation of Religion , the good of their Countrey , their own honour and credit , and even led by nature to look to their own safetie , yet they ought not to meddle with the life of their Sovereigne . To secure themselves , it was sufficient to have her kept in some place of suretie and strength , which he thought even too much , if he could see any other remedie . And so it was concluded , that shee should be sent to Logh-leven , there to be kept by William Douglas owner thereof , a very honest Gentleman , and who had sided with neither Partie . And although the same matter was agitate again , while she remained in Logh-leven ( the 25. of August , at a solemne meeting of the Estates , after Murray was come home , and had accepted the Regencie ) and many did incline to have her executed , ( some out of zeal to Religion , and love of Justice , as they deemed it ) some out of love to the Hamiltons , ( who by her death would be but one step from the Crown ) yet Morton stuck to his former opinion and resolution : Shee was no sooner committed , but some began to plot her deliverie ; supposing that undoubtedly she would get out at last by one mean or other , they strove to anticipate her favour , and make her beholding to them for that which could not faile to come to passe . Neither did they fear the consequent , if once she were set at libertie , for they made no question to make their partie good . The authoritie was hers , time would make the peoples heart to relent and fold to their naturall Princesse ; the Faction that was against her , was the weaker ; and diversitie of opinions would bring forth division amongst them . Of those that sought her favour , Sir William Metellane Secretarie was one . His dis-like and hatred of Bothwell , had made him joyne with the Lords : being now rid of him , he returned to his old byas again , and bent his course toward her . But not daring to do it openly , he wrote privately to her , and assured her of his good-will , and promised his best endeavour to serve her ; and that howsoever his power were none of the greatest , he shewed that he might prove steadable to her by the Apologue of the Lion , which being taken in a net , was delivered from thence by the help of a Mouse , that did shear the net , and cut it in pieces with her teeth . Morton did constantly prosecute the course begun , with great courage and wisedome , over-coming all difficulties before the Earle of Murrays returne ( who had gone to France in the beginning of these stirres ) which were neither small , nor few . His Associates found them moe than they had expected . They had promised themselves the approbation of all men , and that all would joyne with them , at least , the best affected . It fell out otherwise ; time diminished envie , change of their Princes estate begate pity , fear of the event kept aloof ; doubt of dutie restrained some , and desire of rest and securitie , others . So that no new Forces came to them ; but on the contrary , some of their own side forsook them , and went to the other ; new hopes not onely cooling , but even changing their affections . Wherefore they were much perplexed , and had it not been for Morton , they had quite deserted the cause . But he perswaded them to keep together at Edinburgh , and to write to the other Lords that were assembled at Hamilton , to desire them to come to Edinburgh , that so they might consult together what were fittest to bee done for the good and peace of the Kingdome . But they would neither receive Letter nor Message , saying , It was great presumption in them to have possessed themselves of the chief City , and to offer to send for them , and not to come to them , who were ( so they thought ) the stronger , and had the better cause . The others to give them satisfaction in that point , caused the Ministers of Edinburgh to write to them jointly , as also severally to their particular friends and acquaintance , both to excuse that which they took exception at , ( which they told they had done , not because they did challenge or claime any preeminence or prerogative to themselves beyond them , or for any other cause , save onely the conveniencie of the place for both parties to meet in ) and withall to exhort them , that in so perillous a time , setting aside all particular respects and quarrels , they would have a care of the common good of the Countrey . But these Letters prevailed no more than the former . Yet though they would not concurre with them , they did nothing against them ; whether because they were not able ( they being within the town of Edinburgh ) or , because they did not agree among themselves , or that they wanted a Commission , and a sufficient Warrant from the Queen , they dissolved , and returned every man to his own home . This their attempt to have kept some forme of meeting and Parliament in the Queens name , admonished the Lords to take away that which would beare greatest shew against them , the Queens authoritie . Wherefore they deale with her to resigne it to her sonne , which she was very loath to do ; yet at last shee consented to it , and having subscribed a formall renunciation and dimission : shee made also , and signed a Procuration , or Letters of Attourney , to cause crown her sonne at Stirlin , or where they pleased . She named likewise his Curators , Murray ( if he would accept of it at his returne ) failing him , these seven ; The Duke ( Hamilton ) Lennox ( the Childes grandfather ) Argyle , Morton , Glencairne , Marre , and Athole . It was presently put in execution , for within two dayes ( the 26. of July ) the Prince was crowned at Stirlin , being then thirteen moneths , and eight dayes old . Morton and the Lord Hume took the Oath for him , that he should observe the Laws , and maintain the Religion then professed . Master Knox made the Sermon , the Coronation was also performed by him , and two Super-intendents . Having gained this point , they had now this advantage of the others , that not only were their enemies deprived of the countenance and colour of authoritie , but they themselves were armed therewith . And thus they remained till Murrays returne , who at first would not accept of the Place , which by the Queens direction was reserved for him , but being pressed by the rest , that they might have an established and certain Head , he yeelded to their requests , and took the Place and charge of Regent upon him . From this time forward , Murray being Regent , according as did belong unto his place , hee was chief Commander in every thing , yet was hee assisted by Mortons faithfull counsell and advice , who did also many times supply the publick wants with his private meanes , in times of greatest necessitie . Especially when Bothwell was to be pursued , who having put forth to sea , and being turned Pirate , lay about Orknay , robbing all that came in his way , without fear of being followed , knowing wel that there was no money in the treasurie ( he himself having emptied it ) to rig out any shipping against him . Then did Morton on his own charges provide Vessells , hire Mariners and Souldiours to go out after him . This was the fruit of his good husbandrie , and the good use he made of his parsimonie and menagerie . Grange was sent Admirall , who came so suddenly upon him , that he had well-nigh taken him before he was aware , yet he escaped in a light Pinnace over a craig in the sea , with such hazard , that it is thought to have grazed upon it . The Lion which followed after , being a Ship of greater bulk and burden , and which drew more water , stuck fast upon it , so that the men were constrained to betake themselves to their Cock-boat . The Bishop of Orknay ( Bothwell to his name , who was father to the Lord Haly-rude-house ) was last in the Ship , and seeing the Boat loosing , called to them to stay for him ; but they being already sufficiently laden , would not hear him . He seeing no other remedy , leapt into the Boat , having on him a Corselet of proof , which was thought a strange leap , especially not to have over-turned the Boat. Thus the men were all saved , and the Earle Bothwell sailed to Denmark . There being examined what he was , and whence he came : when he did not answer clearly and distinctly , he was cast into prison , and having lien there ten years , at last he died mad . The 15. of December , a Parliament was held at Edinburgh , where most part of the Nobilitie were present , and amongst others , the Earle of Huntley , which when the Queen heard of , she said , Bothwell might as well have been there , as he ; meaning that they were both alike guiltie . In this Parliament , the Queens resignation of the Crown , the Kings Coronation , and Murrays Regencie were confirmed , their Fact was approved that had taken the Queen at Carburie , and William Douglas was authorized to keep her still in the Castle of Logh-leven . Things being thus settled , the Regent being acknowledged of all , and his authoritie ratified , Religion established , & the fear of Bothwel removed , they seemed to be in great suretie , yet were they never lesse sure ; for these very things which seemed to make them strong and sure , were the causes of change , for many did envie the Regent , some hated Religion , and others there were , that being rid of Bothwell , applied themselves to the Queen , whom only out of hatred to Bothwell , they had forsaken . Of the last sort was Secretary Metellane , of the second Tillebardin , who had also some particular against the Regent , which Writers do not specifie . The Hamiltons were of the first Rank , who thought themselves injured by him , and esteemed his Office due to them , together with Argyle , whose mother and Huntley , whose wife was of the house of Hamilton . These had some hopes from France , where Beton Archbishop of Glasgow , lay as Lieger for the Queen , and fed them with faire promises of men and money . Yet they carried things very closely , and made shew of friendship to those of the Kings side , till such time as the Queen escaped out of Logh-leven , by the means of George Douglas brother to William of Loghleven , and to the Regent also by his mother . This George had corrupted a naturall brother of his who was often trusted by William with the Keyes of the Castle . One day William being at dinner , this man desired the Keyes of him ( as he had done divers times before ) to let out the Queens waiting Gentlewoman ; and having gotten them , he let out the Queen her self in her Gentlewomans apparell , and masked . He also went out with her , and having locked the Gates , threw the Keyes into the Lake , and rowed the Queen over in the Boat to the Lake side , where George and Tillibarne were staying for her with nine horse onely . Our Writers say , it was without the mothers knowledge ; but others affirme , that she had a hand in it , being moved with pity and commiseration to see her Princesse in such estate ; and upon the Queens promise to preferre her sonne George , and pardon her other friends that were on her contrary faction ; amongst which we hear no mention of Murray . Morton also was le●…t out ; onely it was agreed upon that his forfeiture should not prejudice their right to the Earledome of Morton . This fell out the second day of May 1568. She went that night to Nidderie , where by the way the Lord Seton , and John Hamilton of Orbiston did meet her : and the next day they went to Hamilton with 500. horse . The Regent was then at Glasgow , keeping of justice Courts . When these news were brought to him , some counselled him to go to Stirlin , where the King was , and where he would be the stronger . But William Douglas of Drumlenrig , not having the patience to stay till it came to his turne to speak , and before his opinion was asked : If you do so my Lord ( sayes he ) I will get me straight to the Queen , as Boyde hath done . For Boyde indeed was gone to her , with intention ( as he would have made them beleeve ) to play Husha's part ; for he wrote back to Morton by his sonne , that he would be more steadable , and do them better service being with her , than if he should remain with them . There is a Proverb , a foot backward , a mile backward , a mile a million , and so never forward : Whereby is signified , that there is much moment in the beginnings and first efforts , and great danger in recoiling , and letting slip the present opportunitie . So thought Drumlenrig , and the Lord Semple also was of his minde . Morton did confirme their opinion , and reduced at large how necessary it was for them to stay still in Glasgow , shewing that it was their best to make all the haste they could , & that their safetie did consist in celeritie ; in regard that so soon as it were known that she was at libertie , the opinion of her authoritie and name of a Queen would daily draw more and more followers to her : especially seeing the most remote parts of the Kingdome were most affectionated to her service . We are enough here ( said he ) together with the Towns men ( who being enemies to the Hamiltons , we need not doubt of their fidelittie ) to keep this place , and make it good against them . The Cunninghames and Semples ( potent families ) are hard at hand , and so is the Lennox , the Kings own patrimonie : Neither is Douglas-dale very farre off , nor Stirlin-Shire , and the Earle of Marres Forces . These will suffice to oppose the enemie till such time as our friends that dwell further off , be advertised . Mortons judgement was respected , and his opinion followed ; whereupon messengers were immediatly dispatched , and sent into Lowthian , and the Merse , and other parts which lay farre off , to give them notice of their danger , and of their intentions ; and to desire them to make all the haste that possibly they could to come to their aid , and assistance . The first that came was the Lord Hume with 600. horse the ninth of May ; upon his arrivall , they intended to go directly to Hamilton , and dare the enemie , and force him to fight . But that same night ( ere morning ) word was brought them , that they were gathering their forces , and mustering their men to take the fields ; for having gotten together 6000. men , and knowing by certain intelligence , that they were not above 4000 with the Regent , confiding in their number , they purposed to carry the Queen to the castle of Dumbartan , where she remaining in a place of safety , they might manage , and prosecute the warre according to their pleasure ; and either use expedition therein , or draw it out at length , and linger as they should see cause , and finde it most for their advantage . The Regent ghessing what their aime was , led also his armie forth into Glasgow-Moore , supposing they would have gone that way : but when he saw them on the South side of the river of Clide , he made haste , and crossed the river at the Bridge and Foords , to be before them in their way . I have heard it reported by those that live there about , that the Queens Souldiers did essay to passe the river , and come to that side where the Regent was , but one or two of the foremost being slain by his men , the rest refused to go on with such hazard and disadvantage , and therefore they took the way of Rutherglem , which leads to Dumbartan . The Regent perceiving their intent , commanded the horsemen to hye them quickly to Langside Hill ; which they did , and the rest of the Army followed them so fast , as that they were all got thither , before the enemie understood their meaning . Two things made for the Regents advantage ; one was Argyles sicknesse , who being overtaken with a sudden fit of an Epilepsie , or Apoplexie , the Army halted , and thereby gave the Regent time to choose his ground , though he came a further way about . The other was , their confidence in their number , and despising of the small number of their enemies , who were indeed fewer than they , yet were they moe than they were aware of . For having marched over hils and dales , they never had a full view of them to know their number aright and perfectly . When they came within a little of the hill , perceiving that it was already taken by the Regent , they retired to another little hil just over against it , where they drew up their Companies , and put their men in order . Argyle was Lieutenant , and led the Rere-ward . With him there was the Earles of Cassils , Eglinton , and Rothuse , the Lords Seton , Somervaile , Yester , Borthwick , Sanwhere , Boyde , and Rosse , with divers Gentlemen of good quality . The Vant-guard was committed to Claude Hamilton of Pasley sonne to the Duke , and Sir James Hamilton of Evendale , consisting most of Hamiltons , together with their friends and followers . James Stuart of Castleton , and Arthur Hamilton of Mirrinton , were Commanders of the Musketiers , which were some 300. The Lord Harris commanded the horsemen , which were most part Borderers , dependers and servants to his brother the Lord Maxwell . The Regent did likewise divide his men in two battels , the Vant-guard was conducted by Morton , with whom were the Lord Hume , and Semple . The Regent himself was in the Reer , and with him Marre , Glencairne , Monteith , the Lord Ruthven , Ochletree , and Kirkart , with the small Barons of the Lennox , and the Citizens of Glasgow . The horsemen were committed to William Douglas of Drumlenrig , and Alexander Hume of Manderston , and John Carmichell of Carmichell . They were inferiour in horse , and therefore upon the first encounter they retired , and fell back to the footmen , who made out to succour them , and drave back the enemies horse by the means of the High-Landers , especially who bestowed a flight of arrowes amongst them , and so galled them , that they could no longer endure it . The Queens Vant-guard coming to joyn battell with the Vant-guard of the enemy ; marched through a narrow Lane , near unto which the Regents shot were placed in the Yards , Gardens , and Orchards of the Village of Langside so conveniently , that they being at covert did annoy the enemie , and shoot at them as at a mark without any danger , or hurt to themselves . In this Lane many were slain before they could get through ; and having passed it they were assaulted by Morton very fiercely with Pikes and Speares , and other long Weapons on both sides of the Lane. They fought very eagerly a while , in so much that when their long Weapons were broken , being so close together , that they could not draw their Swords , they fell to it with Daggers , and Stones , and and what so came readiest to hand . In the midst and heat of the fight , Mackfarlane with his High-Landers fled out of the last Ranks of the Regents Companies ( as our Writers say ) but indeed it was from this wing where they were placed , as I have heard it of those that were present . The Lord Lindsay , who stood next to him in the Regents own battell , when he saw them go away ; Let them go ( saith he ) and be not afraid , I shall supply their place : and withall stepping forward with his Company , charged the enemy afresh . Their long Weapons being broken , and themselves well nigh overcome before , they were not able to sustaine a new impression , but turned their backs , and fled . The Regent and his Squadron stood still and kept their Ranks and places , till they saw that the victory was clearly theirs , and that the enemy did flee disorderly ; then they also brake their order and followed the chase , in the which moe were killed , than in the fight ; and that most part by the High-Landers : who seeing that their side had the day , returned and made great slaughter to make amends for their former fleeing . There were many wounded , and many taken , but 300. slain , who had been many moe , had not the Regent sent horsemen throughout all quarters with command to spare the fleers . There were taken of note , The Lord Seton , and Rosse , Sir James Hamilton , the Sheriff of Aire , and Linlithgow with others . On the Victors side one man onely slain , John Balonie of Preston in the Merse , a servant of Mortons : few hurt , the Lord Hume with a stone on the face very ill : and Andrew Stuart Lord Ochletree , by the Lord Harris . The Queen , who stood as a spectatour about a mile off , seeing the field lost , fled away with the Lord Harris , and his horsemen . For after he was repulsed by the Regents Vant-guard , and the High-Landers , he went to her , and stayed by her . From thence she fled to England , suspecting the Lord Harris his fidelitie . Some do reckon amongst the causes of this victory , a contention which fell out between John Stuart , and Arthur Hamilton , two Captains of the Queens Musquetiers , who that morning before they set out , strove for precedencie , and the matter being referred to the Queens decision , she adjudged it to Stuart for the names sake and because he had been sometime Captain of her Guard. Hamilton took this so ill , that when they came neare to the enemie , he cryed out aloud , Where are now these Stuarts that did contest for the first place , let him now come and take it . The other hearing him , answered presently : And so I will , neither shalt thou , nor any Hamilton in Scotland set his foot before me to day : whereupon they rushed forward unadvisedly , and were followed as inconsiderately by Claude Hamilton of Pasley , with the Vantguard , which was the occasion of their disconfiture . The battell was fought the 13. of May , eleven dayes after the Queen came out of Logh-leven . The Regent returned to Glasgow , and after publick thanksgiving for the victorie , and mutuall congratulation , the rest of the day was spent in taking order with the prisoners . Morton sought to have had the Lord Seton in his keeping , but he was withstood by Andrew Ker of Fadunside , whose prisoner he was , whether out of fear of hard dealing towards him , or lest he should lose his thanks in saving of him , wherefore Morton modestly desisted . The day after they went into Cliddesdale , and cast down Draphan , and some Houses that belonged to the Hamiltons . Afterward there was a day appointed for a Convention of the Estates at Edinburgh , for staying of which the other faction did use all possible means . They caused rumours to be spread of some help to come out of France ; which had come indeed under the conduct of Martige ( of the House of Luxemburg ) but that the Civill Warres at home made him to be called back again . The Earle of Argyle came to Glasgow with 600. horse , and had some conference with the Hamiltons , and others of that faction , but they not agreeing , he went home again and did nothing . Huntley also with 1000. men was coming toward Edinburgh , and was on his journey as farre as the water of Erne ; but the Bridges and Foords being guarded by the Lord Ruthven , he went likewise home again . Last of all they procured Letters from the Queen of England , in which she desired that they would delay the meeting till such time as she were informed of their proceedings , and justnesse of their cause , why they took Arms against their Queen her Cousin , of whose wrongs she behooved to take notice , and be sensible . It was hard to offend her , but harderto suffer their adversaries to gain the poynt they aimed at , which was in the Queens name , and by her authoritie to keep a meeting , and to forfeit all those who were on the K. side , having already appointed a day for that purpose . Wherefore they go on with their Convention , and punish some few for example to terrifie others . And for suppressing the daily incursions of the Niddisdale , Anandale , and Galloway men , they raised an Army of 5000. horse , and 1000. Musketiers ; which expedition , because it was memorable for the extreame scarcitie of victuals when they came to Hoddam , was called , The Roade of Hoddam : They set forth from Edinburgh the 11 of June , and returned thither againe the 26. The chief thing that they did in that journey , was , that they seized the houses of Bog-hall , Crawford , Sanwhere , Logh-wood , Hoddam , Logh-Maban , and Annand . Logh-Maban is a house of the Kings , and was then in the Lord Maxwels keeping : but now being surrendred , Drumlenrigge is made keeper of it , who was also made Warden of the West Marches . Assoone as the Regent was gone from thence with his Armie , Maxwels folks , who had hidden themselves in some secret corner of the Castle , turned out Drumlenrigges men , and re-possessed themselves thereof again . Logh-wood belonged to Johnston , Hoddam to the Lord Harris , and the rest to their severall Lords and Owners , which were all spared , on hope of their promised obedience : Onely Skirlin was razed , and Ken-Moore , a house of Loghen-varres , who was obstinate , and would not yeeld upon any condition . The Regent and Morton sent Sir David Hume of Wedderburne to him , who was brother to his wife , but no entreatie nor threatning could prevail with him , or move him to submit himselfe : When they threatned to pull down his house , he said , They should by so doing save him a labour ; for he meant to take it down himselfe , and build it up again better : Which was performed on both sides : for it was cast down ( the 16 of July ) and he did afterward re-edifie it much better . Many yeelded , divers stood out , of whom there came a thousand within a mile of the Regents Camp. Who were their heads , is not mentioned , but as yet Maxwel , Johnston , Loghen-varre , and Cowehill were not come in ; and whether it were any of these , or some other , we have not learned . Morton and the Lord Hume with a thousand horse went out against them , but they were gone before they came neere , and fled to the Boggs and waste Marishes . In their return , at Peebles they received Letters again from the Queen of England , wherein she renewed her former request to them , that they would send some up to her to inform her of the equity of their cause . The Regent himselfe undertakes the journey , with whom went Morton , Lindsay , the Bishop of Orknay , Master Pitcarne Abbot of Dumfermeling , Sir William Metellan Secretary , Master James Mackgill , Master Henry Banaves , and Master George Buchanan . The Queene having heard their Justification and Defences , made answer , That she saw nothing for the present to object against their proceedings , yet she desired them to leave some of their company behinde , to answer to such things as might be objected afterward by their Queens Ambassadours . While they are there , Duke Hamilton came over out of France , and desired the Queene of England to cause Murray give over the Regents place to him , being ( as he alledged ) his due , seeing he was next heire to the Crowne . But the Queen perceiving that he intended to make some stirre , and to raise new troubles in Scotland , commanded him to stay , and not depart till he were licensed . The Regent with his company was dismissed , and returned into Scotland the 2 of February . Within a while after , the Duke returned also , being made Lieutenant for the imprisoned Queene , and adopted to be her father . He sent forth his Proclamations , commanding that no authority should be obeyed , but his , which no man would obey : And that none might fear him , the Regent went to Glasgow with an Armie , and there Hamilton came to him , and promising to acknowledge the King and Regents authoritie , he gave pledges to be kept , till such time as he should do it , prefixing a day when he would come in . When the day was come , he came to Edinburgh , and began to shift , and desire a longer day , while he might have the Queens consent . Then being asked what he would do if the Queen would not give her consent ; he answered , that he would do nothing ; and what he had done already , he had done it out of fear . Hereupon he and the Lord Harris were sent to prison in the Castle of Edinburgh . The next to be taken order with , were Argyle , and Huntley . Both had been busie in the Regents absence , but not alike . Argyle had onely showne himself in the fields , but had done hurt to no man. Huntleys case was worse , he had vexed the Mernes and Angus , made Lieutenants about the water of Dee , and behaved himself in all things as if he had been King. After much debate , Argyle was onely made to take an oath , that he should be obedient in time coming ; and Huntley was also pardoned , save that he was ordained to make satisfaction and restitution to the parties who were robbed and spoyled by him and his followers . For the performance of which , the Regent and Morton went to Aberdene , Elgin , and Inner-nesse , with two Companies of Harquebusiers , and Musquetiers , where having received hostages and sureties of Huntley , they returne to Perth , to hold a Convention of the States . Thither were brought two Packets of Letters from the two Queens . The Queen of England made three Propositions . First , that the Kings Mother might be restored to her former Place and Crown . Secondly , that if they would not yeeld to that , yet that her name might be used in all Writs , and joyned with her sonnes , and that the Government should continue in the Regents hands . The third & last was , that if none of these could be granted , she might be suffered to live a private life , as another subject , with as much respect and honour as could be given to her , without prejudice of the King. This last was accepted , the rest rejected . Queen Mary in her Letters desired , that the Judges might determine of her marriage with Bothwel , and if it were found to be unlawfull , that they would declare it to be null , and pronounce her free from him . To this they answered , that they saw no reason of such haste . He being absent , and out of the Countrey beyond sea , the laws allowed him threescore dayes after he was summoned at the shore and Peer of Leith ; before which time were expired , the Judges could not give out any sentence . But if she had such a minde to be rid of him , her shortest cut were to write to the King of Denmark , to execute him for his murder and Piracie . The reason why they would not have her marriage with Bothwel dissolved , was , to hinder her matching with the Duke of Northfolk , who would not adventure upon uncertainties ; & he could not be sure , so long as her marriage with Bothwel stood firm ; he being alive , & no legal divorcement had bin yet obtained . So they thought by this dilator , they would gain time , & time might work out some better effect than did appear for the present . For the Regents friends in England had written to him , That Northfolks Plot and the Queens , was so laid , so strong and cunningly conveighed , that no power , wit , or wisedome was able to resist it ; yea , though all the rest of Brittain would oppose it , yet he remained steadfast , and sent to the Queen of England one of his Domesticks , to acquaint her with Queen Maries Petition , and their answer . But she not being satisfied with the Bearer , Robert Pitcarne ( Abbot of Dumfermling ) was sent to her from a Convention holden at Stirlin for the nonce . About the very same time that he came to London , the Duke of Northfolke was committed to the Tower ( the 11. of October ) and the conspiracie discovered , the partie still remaining so strong , that she not daring to meddle with Queen Mary , was purposed to have sent her into Scotland by sea ; but things beginning to settle , she altered that resolution . Now in considence of this so strong a partie , Secretary Metellane had taken himself to that side , and stirred up all he could against the Regent . He had so dealt with the Lord Hume , and Grange ( Captain of the Castle of Edinburgh ) that he had brought them over to that party . Hereupon he is sent for to Stirlin , whither he came , and brought along with him , the Earle of Athole to intercede for him , if need were . There Thomas Crawford ( afterward Captain Crawford ) a follower of the Earle of Lennox , accused him of being accessarie to the late Kings death ; whereupon he was committed to a close chamber in the Castle . Sir James Balfoure ( one of his Complices ) was also sent for , and the Convention were of opinion , that both of them should be used as enemies to the King , and guiltie of treason . But the Regents lenitie marred all ; he pardoned Sir James , and sent Metellane to Edinburgh , to be kept by Alexander Hume of North-Berwick . Grange counterfeiting the Regents hand , brought a Warrant to Alexander , to deliver Metellane to him , which he did ; and so Grange carried him up to the Castle . After this , the Regent went to the Merse , and spake with the Lord Hume , whom he found to be alienate from the Kings side , and inclined to the North-folcian Faction . From thence he went to Jedburgh , where Morton and others came to him . He past with them to Hawick ( the 20. of October ) and from thence he rode through the whole Dales ; he riding on the Scottish side upon the Borders , and a Company of Englishmen on the English side , that they might not flee from one side to another , nor any of them escape . He lay two nights at Cannabee , one at Copshae-holme , two on the water of Milke , and so came to Dumfreis . In this circuite he constrained the Borderers to put in pledges and hostages ( to the number of 72. ) for keeping of the peace and good order , whereby he gave great contentment to the whole Countrey , and gained great reputation and admiration , even of his very enemies . He returned to Edinburgh before the 21. of November , the day appointed for the triall and arraignment of Secretary Metellane . There finding that he had assembled so many great men that were for him ( Hamilton , Huntley , Argyle , and others ) he adjourned the arraignment , and deferred the judgement . That Faction was now become very powerfull ; many were fallen off from the Regent , many had joyned themselves to the North folcians , relying mainly on the Dukes power . And although he were now committed , yet the Faction held good , and the plot went on . The Earles of Northumberland , and Westmerland , with six thousand Foot , and two thousand Horse , came with displayed Banner to Durham , and there burnt the Bible and Service-Book , heard Masse in Darnton , and besieged Bernard-Castle , which was rendered upon composition . But being pursued by the Earle of Warwick , with an Army of twelve thousand , and Sussex with another of seven thousand men , they were forced to flee into Scotland about the 22. of December , and put themselves into the hands of theeves that lived on the Scottish Border , with whom they abode and lurked a while , but not very long . For Morton dealt with one Hector Arme-strang , by Sir John Carmichael , and got the Earle of Northumberland into his hands , and delivered him to the Regent ; hee sent him to bee kept in Logh-leven a prisoner , being an enemie no lesse to him and the Kings side , than to Queen Elizabeth . This made her give the better ear to Robert Pitcarne , Ambassadour from the Regent , and to desist from requesting any more , that Queen Mary might be restored again to her former place and estate . Shee declared also , that she took that which the Regent had done very kindely in pacifying the Borders , apprehending Northumberland , and imprisoning of him , pursuing Westmerland and his Faction , as enemies , his offering his best aid and assistance to her Captains and Governour of Berwick . She promised to be ever mindefull of these his good offices , and good-will shewed towards her , and that she should be readie to aid him when he should need ; yea , that he might use and command all the Forces in England as his own . Thus by the over-throw of the English Rebels , by the favour of the Queen of England , and the love of his Countrey people at home , the Regent was more strengthened , and the Kings side became the more powerfull . His adversaries therefore seeing no other remedie resolved to cut him off , and make him away by treachery . James Hamilton of Bothwell-hawke , ( one whose life the Regent had spared before , when he was taken prisoner in the field bearing arms against him ) under-took to kill him . Wherefore having watched his opportunitie , when the Regent was at Lithgow , he placed himself in a house there , by which the Regent was to passe as he rode out of the town , and shot him with an Harquebuse out at a window ; the Bullet whereof , after it had gone through the Regent , killed the Horse of George Douglas of Park-head , a naturall brother of the Earle Mortons . This fell out the 21. of January 1569. The Regent finding himself hurt , alighted from his horse , went to his lodging , and died ere midnight . Bothwell-hawke , who had done the deed , having mounted upon a horse which hee had standing ready for him of purpose , escaped untaken . He was much lamented of all , but especially of Morton , who had best reason to be sensible of this losse , seeing by his death the common cause did want a main pillar and supporter thereof ; and the Kings side which he followed , was deprived of a sufficient and able leader . He himself also had lost a dear friend , with whom he had so long entertained honest and faithfull friendship , and who had borne so great a part of that heavie burden , and weight of State affairs with him . For now the whole burden of guiding the Kingdome and managing the State lay upon him almost alone , and that even in the time of the two succeeding Regents , for the space of some three years , or thereby . They indeed bare the name , and the authoritie , but he was the man by whose advice and counsell , by whose travels and paines both of body and minde , yea and upon whose charges also ( often times ) most things were performed , till at last he himself was chosen Regent , and did then all things alone without a helper . This was well known to all , and was plainly spoken in the time of Lennox his Regencie . A staff under a Hood ( so they termed Lennox . ) Morton rules all . Yet was it not so altogether , neither was Lennox so devoide of judgement , but behaved himself very well , very judiciously , courageously , and courtiously ( even in Mortons absence ) in the taking of Pasley and Dumbartan , and in his courteous usage of the Lady Fleming , who was within the Castle of Dumbartan . Onely because matters seemed to rely most upon Mortons good advice , action , and means ; the ruder interpreters made that hard construction of it , as if Morton , because he did much , had therefore done all , as commonly men are wont to judge and speak . And it is very true that is said of Lennox in that Epitaph of him , samam virtute refellit . Yet it cannot be denied , but that even while Murray was Regent , Morton did very much ; and though ●…e were not equall with him in place and dignitie , for there was but one Regent , yet he was such a second as might well be esteemed a yoke-fellow both in consulting and performing , being a partaker with him in all perrils and burdens . So that of all that is set down here of Murray , Morton was ever an equall sharer , and may justly challenge the one half as his due . And therefore it is that we have been so particular , and insisted so long in Murrayes actions , because of Mortons perpetuall concurrence with him in all things , and his interest in every businesse . Wherefore we hope it will not be thought impertinent to our Historie thus to have handled them , although Morton were not the sole actor , since he was a prime and maine one . For whoso will rightly consider , shall finde that saying to be true of these two , which Permenio said of Alexander and himself ( Nihil Alexander absque Permenione , multa Permenio absque Alexandro ) being applied to Morton . For Morton did many things without Murray , but Murray nothing without Morton . And thus it went even when Murray was alive , when all acknowledged his authority . Now he being dead , many swarved , many made defection ; and , as if they had forgotten what they had promised , became open enemies . The Kings party was weakened , the adverse party strengthened both by forrain and home-bred power . Fear might have terrified him , ease sollicited , honour and profit allured him to have left it , and joyned with the other side . But he shrinks not for any perill , hatred , or envie , for no pains or travell to be sustained , no case or security could allure him , no hope of favour , of riches , of honour could move him to abandon it . Which doth evidently justifie , and clear him of all the imputations which the wit of man can devise , or imagine against him . Whether it be that he conspired with Murray to make him King : he was now dead , and that hope with him : Or if it be any particular end and aime of his own , what appearance is there that he could have any private end , which he followed forth with certain danger , and uncertain event , or profit ? For clearing of which , let us weigh the parties , and the forces and meanes at home and abroad on both sides . First there were of the Queens side Duke Hamilton , Argyle , Athole , Huntley , almost all pettie Princes in their severall Countries and Shires . Also the Earles of Crawford , Rothuse , Eglinton , Cassils , the Lord Harris , with all the Maxwels , Loghenvarre , Johnston , the Lord Seton , Boyde , Gray , Oglevie , Levingston , Flemin , Oliphant , the Sheriff of Air , and Linlithgow , Balcleugh , Farnihast , and Tillibardine . The Lord Hume did also countenance them , though few of his friends or name were with him , safe one meane man , Ferdinando of Broom-house . Metellan the Secretarie ( a great Polititian ) and Grange an active Gentleman , who was Captain of the Castle and Provest of the Town of Edinburgh ; they had the chief Castles and places of strength in their hands , Edinburgh , Dumbartan , Logh-Maban . France did assist them , Spain did favour them , and so did his Holinesse of Rome , together with all the Roman Catholiques every where . Their faction in England was great , all the North-folcians , Papists , and male-contents had their eye upon Queen Mary . Neither was she ( though in prison ) altogether unusefull to her side : for besides her countenance , and colour of her authoritie ( which prevailed with some ) she had her rents in France , and her Jewels , wherewith she did both support the common cause , and reward her private servants and followers ; especially they served her to furnish Agents and Ambassadours to plead her cause , and importune her friends at the Court of France , and England ; who were helped by the banished Lords , Dacres , and Westmoreland , to stirre up forraine Princes all they could . Thus was that partie now grown great , so that it might seeme both safe , and most advantagious to follow it . The other was almost abandoned , there were but three Earles that took part with Morton at first ; Lennox , Marre , Glencairne . Neither were these comparable to any one of the foremost foure . In Fyfe there was the Lord Lindsay , and Glames in Angus , no such great men , and no wayes equall to Crawford , and Rothuse . The Lord Semple was but a simple one in respect of Cassils , Maxwell , Loghenvarre , and others . Methvaine in Stratherne a very mean Lord ; Ochletree amongst the meanest that bare the title of a Lord , and yet Kirkart was meaner than he , both in men and means . Neither was Ruthven so great , but that Tillibardine , and Oliphant were able to overmatch him . They had no Castles but Stirlin and Tantallon , which belonged to Morton . The commons indeed were very forwardly set that way , but how uncertaine and unsure a prop is the vulgar ? England did befriend them some times , but not so fully as they needed ; and even so farre as did concern their own safetie . So that when all is duely considered , we shall not finde any ground for one to build on , that would seek nothing else , but his own private ends of honour or preferment . Wherefore it is no wonder if Secretarie Metellane , and Grange ( men that sought themselves onely ) did joyne with that partie which was likest to thrive and prosper , in all discourse of reason and humane wisedome . Neither can any man think that Morton did aime at his own greatnesse , or that it was out of any self-respect that he followed the other partie with such disadvantage , if we will acknowledge that he was a wise and judicious man. And therefore if we search with an unpartiall eye , what could have been the motives that made him cleave so stedfastly to this cause , we shall finde them to have been no particular of his own , nor any thing else besides the equitie and justnesse thereof ( as he conceived ) his love to the young King , as his King and Kinsman , together with the preservation of Religion , and the welfare of his Countrey , which he thought did stand , and fall with this quarrell and cause . This in all likelihood hath been his minde ; which whether it was right or wrong , let them dispute who list : our purpose is onely to shew so farre as may be gathered by discourse of reason , what it was that did induce him to follow this course . Now although he had bent all his power and endeavours this way ; yet there lacked not some who did blame him , as not zealous enough to revenge Murrays death . His brothers Uterine ( Loghleven , and Buchain ) craved justice against the murtherers ; so much the rather , for that he was not slain for any private quarrell or enmitie , but for the publick defence of the King and Countrey . When it came to a consultation , some were of opinion , that those who were suspected , should be summoned to appear against a certain day , according to custome , and order of Law. Others again thought that such processe and legall proceeding needed not to be observed toward them , who had already taken arms to maintain by force , what they had committed by treacherie and treason , but that an Army should be levied against them ; and not only against them , but also against all such as had been declared Rebels by the former Parliament . But Morton did not like of this last course , nor Athole : because neither was that meeting frequent enough to determine of those things : and besides , they foresaw that the joyning of many faults would take away or diminish , and make men forget the principall ; and to mingle other crimes with the murther , were but to make all the guiltie , in what ever kinde , to joyn with the murtherers , and so raise a generall and open insurrection , and a most dangerous Civill Warre . Wherefore they deferred all till the first of May , the day appointed for a Convention , as also for choosing of a new Regent . These delayes were motioned by Secretary Metellane , who ( at Granges request , upon his oath that he was innocent of the Kings and Regents murther , and of the Rebellion raised in England , and having found sureties to appear , and answer whensoever he should be legally pursued ) was released by the Nobility here conveened . For what ever respect Metellane made this motion , Athole consented to it , and Morton also , because he saw there could be no orderly proceeding at this time . This was ill taken of the vulgar , who did interpret this delay , of which they knew Metellane to be authour , to be nothing else but a plot of his to gain time to strengthen his own faction ; and that Murrayes death might be forgotten , or at least the heat of revenging it might cool , and relent , which they thought should not have been granted , and given way to . This was done the 14. of February , the day after the Regents Funerall . The 15. of February , Argyle , and Boyde , wrote to Morton from Glasgow , where the principall of the Queens side were conveened , that they were willing to joyn with the rest of the Nobility against such as were guilty of the Regents death ; but because it was not yet perfectly known who they were , they desired that they might meet , and conferre about it , so that they of the Kings side would come to Lithgow , or Fawkirk , or Stirlin , for they would not come to Edinburgh . Morton did impart the businesse , and communicate these Letters with Metellane ( as they had wished him to do ) but he refusing to meet any where else save in Edinburgh , there was no meeting at this time . But afterward the 24. of February , they came to Morton to Dalkeeth , and laboured to perswade him to come over to their side ; but he was so farre from listening to them , that he did assure them , he would stand to the maintenance of the Kings authority to the utmost of his power . It may be , some will think that this constancie did proceed from distrust , according to that Pseudo politick and Machiavillian maxim , qui offensa , non pardóna , who once offends , never forgives : and that he thought his fault so great in opposing the Queen , that it could not be pardoned . But why should he have thought so ? His was no greater , than were some of theirs , who were pardoned , than the Lord Humes by name . And certainly by all appearance , he could have made a far better mends : he might have put an end to the controversie , and restored the Queen again to her own place , which might have sufficiently expiated all his former transgressions . Wherefore we may justly call it constancy , which was accompanied with courage , in undertaking so hard and difficult a task , and with wisedome in atchieving , and bringing of it through . In the beginning of March he went to Edinburgh , whither the principals of the other party came also , Huntley , Crawford , Oglebee , and the Lord Hume , Seton , and Metellane . There were but few with Morton , till Marre and Glencairne came in to him . The next day after , they met to consult of businesse ; but because Argyle was absent ( whose power was great ) they could conclude nothing . Wherefore Huntley goes to him , with intention to bring him along with him , but he came back without him , which every body thought was done by Metellans cunning , who hindred all agreement , that he might the better fish in troubled waters . The night following , these Lords , who were on the Queens side , took such a sudden apprehension , and panick fear , without any apparant cause , that having watched all the night in their Arms , they departed next morning , without order , and very dismayedly . About the end of April 1570. The Earle of Marre set forth from Stirlin to Edinburgh against the 1. of May , which was the day appointed for a Convention of the States ; but the Lords of the contrary partie lay in his way at Linlithgow . Wherefore Morton goes forth to meet him with 500. horse , and 1000. foot , so that Marre having crossed the water of Aven a good way above Linlithgow , they joyned their Troupes , and came both safe to Edinburgh the 29. of April , about twelve a Clock at night . Thus were the two parties , the one at Linlithgow , the other at Edinburgh ; each accusing other and blaming other as authours of dissention ; yet they at Edinburgh offered to yeeld unto any thing , and to come to any terms of agreement , which might not be prejudiciall to the K. authority , and upon condition that they would assure them of their concurrence to avenge the late Kings , and Murrayes slaughter . But they were so farre from accepting of these conditions , that on the contrary they chose three Lieutenants for the Queen , Arran , Argyle , and Huntley , they appointed also a Parliament to be held in her name the 3. or 4. of August at Linlithgow . In this mean time , Sir William Drury with 300. horse , and 1000. foot came into Scotland to pursue the Queens Rebels , and such as received them ( as was given out ) but the Lords at Linlithgow fearing they might be brought against them , assoon as they heard of their coming , went toward Glasgow , and besieged the Castle thereof , which Minto had in keeping . But he being absent , and not above 24. of the Garrison Souldiers within , the Castle notwithstanding was so well defended , that having slain moe of the besiegers than they were themselves in number , after six dayes stay , hearing of the approaching of the contary partie , they raised their siege , and went every man unto his own home . The Kings side with Drury ( and the English ) went into Cliddisdale , and cast down Hamilton , and other Houses belonging to the Queens faction . After this the English returned to Berwick , and Morton did go along with them the 3. of June , having stayed some 20. or 22. dayes , from the 2. of May. The 13. of July 1570. they chose Lennox to be Regent , in a Convention holden at Stirlin , and gave him the oath to observe the Laws , and to maintain the professed Religion . His first care was to stay the Parliament , which the contrary partie had appointed to be kept at Linlithgow in August . Wherefore he sends to Grange for some pieces of Ordnance out of the Castle of Edinburgh : but he refused to send any , pretending that he would be a procurer of peace , and not an instrument of War , and shedding of Scottish bloud . Notwithstanding hereof , the Regent goes to Linlithgow with 5000. men the 3. of August , where he could see no appearance of a Parliament , nor of any meeting , nor hear no news of them at all , save that Huntley had been at Brechin , and placed a Garrison there of some hired Souldiers , and that he had also commanded them to provide victuals and lodging for some thousands of men against the 10. of August . Hereupon the Earle of Morton made haste to go to Brechin , to surprize them before they were aware , and sent word to the Lord Ruthven , and Lindsay to go with him , or before him , because they lay nearer . But the Souldiers having gotten some inkling of their coming , fled , and retired , some to the Steeple , some to the Castle , where they thought themselves to be in safety . Morton therefore lay about these places , and not long after , the Regent came thither himself in person , and the Gentlemen of the Countrey about came all to him , so that his Army did now amount to the number of 7000. men . Those that were in the Steeple , yeelded presently : but they that were in the Castle stood upon their defensive at first , and wounded some that approached to have assaulted the castle ; but hearing that the Batterie was to be planted , and that Huntley , who they looked should have come to their relief , according to his promise , had abandoned them , offered to yeeld , their lives only safe ; but when they could not obtain that , they came in the Regents will , simply , without condition . Thirty of them were hanged , who had bin taken divers times before , and bin pardoned , upon their promise never to bear arms against the King ; the rest , with their Captains , were let go free . This being done , they returned to Stirlin the 15. of Aug. The Winter following was quiet , and free from trouble . In the beginning of February , Morton was sent into England to Queen Elizabeth at her desire , with whom went Pitcarne , Abbot of Dumfermling , and Master James Mackgill Clerk Register . Being come to the Court the 18. of February , he was remitted to seven of the Councel , who were appointed to treat with him . These propounded two heads to be spoken of ; one was , that the Queen might be better informed of their proceedings , and the equity of their cause , then as yet she was , and that their reasons and proofs might be so clear , and such , that both she her self might be fully perswaded thereof , and that she might be able to satisfie others , who should require her help against them . The other point was , to make some overture of Peace , and to finde out some way of reconcilement , that so the Kingdome of Scotland might be quieted and settled . For the first point , they gave in their Reasons in writing , the last of February ; which when the Queen had read , she answered by her seven Counsellours , that she was not satisfied there with fully , and therefore desired them to come to the second point ; what course was to be taken for pacification . She propounded the first Head onely for a shew , she knew well enough before what they could say , and was sufficiently satisfied , but would not be so , at least she would not seem to be so . As for the second Head , they answered , that their Commission was limited , and that they could not consult of any such thing as tended to the diminution of their Kings authoritie , neither would they take it upon them ( though they might ) nor use any such power , although it had been given them . The Queen was at Greenwich , whither she sent for them , and in a manner , chid them for their obstinacie , that they would not listen to a Treatie of Peace , but did rather avoide that which did concerne their good so much , and made large Protestation of her good-will toward them and their King , willing them , at least , if they would do no more , to hear what her Counsellours would say unto them . On the morrow her Counsellours propounded many things , for deciding the Title of the Crown betwixt the Mother and the Son , Morton craved the Propositions in writing , in regard there were many Articles , and of great importance . Which being given him , after he , and the others that were with him , had considered of them , they found them to be such as did diminish the Kings authoritie , and were without the bounds of their Commission ; wherefore they returned answer ; that these were things of so high a nature , that they belonged only to the three Estates , and could not be medled withall by so few as they were . This answer the Counsellours craved also to have in writing , which was done accordingly the day following . The 10. of March , they had presence of the Queen , and were again importuned to come to some proffers of agreement , but they absolutely refused . Again , the 20. of March , they were brought before the Queen , who confessed that these matters belonged to a Parliament , which ( sayes she ) seeing it is to be shortly , go home to it with Gods blessing , and take such order , as that there may be men chosen of both sides , to consult how to put an end to these controversies . And for the furthering thereof , I will send my Ambassadors thither , and will now presently deale with the Ambassadours of the Scottish Queen , and move them to go thither also , if it be possible . And so she did , but they could give her no present answer , untill such time as they had acquainted their Queen therewith , and received some direction from her thereabout . So they were forced to stay till Letters were sent , and brought again from her : which being come , the 4. of April they got presence again , and the Queen told them , how Queen Mary had rated her Ambassadours for their boldnesse , in daring to go so farre , as to enter into any terms of agreement . Wherefore ( sayes she ) seeing she is so averse from this way , I will stay you no longer ; but if afterwards she shall repent her , and be contented to hear of it , she said , she hoped they would be ready to follow the way of peace . And so they were dismissed very lovingly the 8. of April , and came to Stirlin the first of May , where having given an account of their Ambassage in the Convention assembled there , their proceedings were allowed , and approved by all . During Mortons absence in England , Lennox the Regent had taken Pasley , and the Castle of Dumbartan ; but on the contrary , the other Faction ( by Granges means , and their own Forces ) had made themselves Masters of the town of Edinburgh , with intention to keep out the Lords , & to hinder them from meeting in Parliament . Wherefore Morton being come to Dalkeith , kept 100. Musquetiers about him , together with a Company of horsemen , both to be a Guard to himself ( if they should happen to attempt any thing against him ) as also to hinder their excursions , & to keep them from pillaging the countrey about . This company of foot , with some 70. horse , he sent to Leith to assist the Herauld in making a Proclamation in the Kings name , to discharge all men to relieve or support the city of Edinburgh with victuals , or munition , or any other necessary provision . As they returned out of Leith ( out of a braverie , or because it was the nearest way ) the footmen would needs go hard by the City gates , & the horsmen ( though they liked it not ) would not forsake them . They in the town not knowing what might be their meaning , armed themselves , and seeing so smal a number , issued out at the two gates , ( called the Nether-Bow , and the Cow-gate-Port ) and skirmished with them . Mortons men ( though they were fewer in number ) had the better of them , and beat them back again within the gates . This fight was called the Lowsie-Law ( or hill ) because it was fought near to a little hill ( or Law ) where Beggers used to sun and louse themselves . It was the first yoking or bickering they had , and the beginning of the Warre between Leith and Edinburgh ; so called , because the Lords that were on the Kings side lay at Leith , and the contrary party at Edinburgh . And howsoever it was of small moment , yet it is not unworthie the observing , that this little essay , was , in a manner , a presage and prognostick of the issue of the ensuing Conflicts , that they should be of answerable successe . And so indeed it fell out , that the Kings side , though fewer in number ( as at this time ) had ever the better , during the whole time of these warres . The day appointed for holding of the Parliament being come ( which was the 14. of May ) the Regent comes to Leith , and Morton with him ; but not being strong enough to force the Town of Edinburgh , they went hard to the Gate , and having caused cast up a trench to keep the enemie from sallying out , they held the Parliament , though without the Gates , yet within the liberties of the Citie , which Lawyers said , was as good , as if it had been within the walls . In this Parliament , Secretary Metellane , with his two brethren ( John and Thomas ) and the Abbot of Kilwinning were declared Rebels , their Lands were forfeited , and their Goods consiscated . They sate five dayes , during which , the Ordnance from the Castle did play upon them continually , and the Bullets did often fall amongst them , yet not any man was slain , or hurt , as if by speciall providence they had been protected . Afterward they adjourned it , and transferred it to Stirlin against the 4. of August . They in Edinburgh also kept their Parliament , where they had the Crowne , Sword , and Scepter ( which they had gotten from Grange out of the Castle ) and declared some of the Kings side Rebels , and in end adjourned it likewise till a new day . The Regent returned to Stirlin , and Morton went with him to bring him on his way as farre as Corstorphin : As he returned to Dalkeith , they of the Citie issued out , as if they would have fought him , and the Castle at the same time did shoot at him ; but he being without their reach , and the Enemy not daring to go farther from the Town , than the Cannons could shoot , he went home without fighting . His house being near to Edinburgh , he kept all those that lay about him , or offered to come that way , from bringing any victuall thither . Wherefore they issued out of the Citie to the number of 220. Foot , and 100. Horse , with intention to surprize him , and either to burn his town of Dalkeith , or at least to brave him at his own gate , supposing that hee durst not come out to fight them , now that his Friends were all gone home to their own houses , and not above 200. or few more of waged souldiers left with him . So they march , and carry with them two Field-Pieces , and were come to Lugton ( within half a mile of him ) before they were espied . But assoon as the Alarme was given in Dalkeith , Mortons men ( about 200 foot , and 60. horse ) came forth , and having put themselves in order in the open fields , offered them battell . After some little skirmishing , they of Edinburgh seeing themselves disappointed of their expectation ( who thought to have found very small or no resistance ) began to retire toward the City in good order , and keeping their Ranks unbroken . The Dalkethians did follow them in the same manner , til they came to the castle of Craig-Miller ; then some of Mortons Foot getting before them ( by running about on the other side of the castle ) & rising as it were out of an ambushment , fell upon them in a narrow Lane which leadeth from the Castle ; & having broken their Ranks , made them flee . When they perceived from the Castle of Edinburgh , that the flight was towards the City , and that their men had the worse , they sent out 30. Harquebusiers to their aide , and a barrell of Powder on horseback . By this new supply , they drove back Mortons horsemen as fast as they had followed them before : but while they are in filling of their measures out of the barrell , the Powder being fired by some of their Matches , killed and hurt some 24. or 30. amongst whom was Captain Melvin , that did keep the barrell , and distribute the Powder . By this mean , the losse on both sides was almost equall , safe that there were moe killed of the Citizens , and more of Mortons made prisoners ; having followed too eagerly at a straight place , called the Queens Bridges . This fell out the 2. of June . Not long after this , Morton was advertised , that they of Edinburgh were gone to Leith , to intercept Captain Weemes , and 100. Souldiers who had served in Denmark , and now being come home were waged by the Kings side . They had gone to Fyfe , and having refreshed themselves there a little while , were now coming over to Leith , to enter into the Kings service , and some 24. of them being in a little Ferrie-Boat , were taken by the enemie , and carried to the Castle of Edinburgh , the rest being in a prettie good big Barke , arrived safe at Leith . Morton came thither too late , for the men of Edinburgh were all gone ere he came , save some 10. or 12. whom he took , and kept for the Souldiers that were carried away . Morton lay long at Leith , during which time there fell out a notable conflict , and the most memorable that happened all the time of that Warre . The Queen of England laboured to mediate a peace between the parties , and for that purpose had commanded Sir William Drury ( Marshall of Berwick ) to deale with them , and trie what conditions of agreement he could bring them to . Drury went to Stirlin to the Regent , he did also speak with Morton , and was now come to Edinburgh to take his leave of them there , seeing he could do no good , nor prevaile with either side . Morton in the mean time being wearied with watching , and excessive paines and travell ; tormented also with a vehement sit of the Colick , kept his bed , which they at Edinburgh having notice of , either to take advantage of his sicknes , or to brave them of Leith in the presence & sight of Drury , to make him beleeve that they were the stronger , and hardier ; they issue forth of the Town , and march toward Leith , having ordered and ranked their men as ready to give battell . This was the 10. of June in time of their Parliament , where the chief of their faction was present , and did make Huntley Lieutenant for Queen Mary . He with the Abbot of Kilwinning , and Master John Metellane Priour of Coldinghame , had the leading of the foot , Balcleugh and Farnihaste were Captains of the horse . These came as farre as the hill where the Gibbet useth to stand ( called commonly the Gallow-Law ) not farre from Leith , Morton understanding hereof by the watch , esteeming it a great indignitie and affront , that they should offer to come so near to the place where he was , forgetting his own sicknesse and infirmitie , rose out of his bed , and caused sound the Trumpets , and beat up the Drummes , and marching out of the Town , set his men in order within halfe a mile , and lesse , of the enemie . Sir William Drury rode betwixt the Armies , and made them promise not to fight that day , but then there arose a question which of them should retire first . Morton alledged that those of Edinburgh ought to do it , because they came out first , and were in a manner the provokers . But Drury to decide the controversie desired , that when he standing in the mid-way betwixt them should give a signe , they should both retire together at the same instant . Morton was content , but the other partie refused flatly , threatning withall , that unlesse he retired first , they would make him do it with shame , and would scarcely forbear till Drury withdrew himself ; who when he could not prevaile with them , went aside , and looked on , saying , GOD shew the right . Morton , who had yeelded before not out of fear , but onely to satisfie the English , thinking that he had done enough to show his moderation unto them , began to march toward the enemie . There were with him 3. Companies of foot , which were Mercenaries , under the leading of Captain Thomas Crawford , David Hume of Fishick , and Captain Weemes , who was come out of Denmark , all expert and valiant Captains . Besides these there were some Voluntiers of the Townsmen of Leith , and of Edinburgh also , who had left the City to follow the Kings side . The horsemen about 130. were conducted by William Douglas of Drumlenrigge , James Hume of Coldinknowes , and one Jordan of Aplegirth . Morton had about himself a Company of Pikemen , and such as carried Speares , and long Weapons . The fore-named Captains began the fight , and made the enemies shot quickly to give ground , and drave them back . The horsemen in like manner beat the Rebels horsemen , and routed them ; which Huntley perceiving , fled also as they did . There was no head or resistance at all made against them , save onely by a few of the foot men in the Abbey Church-yard , who made shew as if they would have defended that place of advantage , but they were quickly forced to leave it , and flee with the rest . For some of them being slain , some trampled under foot , and divers crushed to death in the throng and crowde , the rest ran away so disorderly , and fearfully , that they forgot to shut the Citie-gates , and fled straight to the Castle . And so great was their fear and confusion , that if the followers had not been too much bent , and eagerly set upon the pillage and spoyle , they might easily have entred , and taken the City . There were slain in this fight about some 50. of whom Gawin Hamilton Abbot of Kilwinning was one : there were 150. taken prisoners , the chief of which was the Lord Hume , being a little hurt by the falling of his horse , James Culen Captain of a foot Company , and a Kinsman of the Earle of Huntleyes had hid himself in a poor wives Aumerie , and being found , was drawne out from thence by the heeles , and brought to Leith : There so soon as the people saw him , they made a great noise and clamour , desiring that he might not be spared , but punished according to his deserts . For in the time of the Civill Warre at home , hee had behaved himself both covetously and cruelly , more like a thief and robber , than a Captain or generous Souldier : and abroad in France , he was very infamous for many vile and base pranks he had played there . And in the Warre betwixt Sweden and Denmark , he had taken Money of both Kings to levie men , and promised to aide both , but performed to neither . For these things , besides many moe foule and horrible crimes which he had committed , hee was publickly executed , to the great contentment of all the commons . Sir William Drury , when he saw how things went ( contrary to his desire , as is supposed ) being ( as was thought ) a North-folcian , went away to Berwick . After this , the Regent came to Leith , and caused fortifie it , and make it as strong as he could , to hinder any victuall to be carried from thence to Edinburgh ; and having appointed the Lord Lindsay to remain there as Governour , he returned to Stirlin , and Morton went with him to hold the Parliament , which was appointed to be there in August . There was at this time no small contest and debate , betwixt the Court and the Church , about Bishops , and Prelates , concerning their office and jurisdiction . The Ministers laboured to have them quite abolished and taken away , and the Court thought that forme of government to be more agreeable , and compatible with a Monarchicall estate , and more conforme to the rules of policie , and Civill government of a Kingdome . Besides , the Courtiers had tasted the sweetnesse of their rents and revenues , putting in titular Bishops , who were onely their receivers , and had a certain Pension or Stipend , for discharging and executing the Ecclesiasticall part of their office , but the maine profit was taken up by the Courtiers for their own use . Wherefore they laboured to retain at least these shadowes of Bishops , for letting of Leases , and such other things , which they thought were not good in Law otherwayes . There was none more forward to keep them up than the Earle of Morton ; for he had gone Ambassadour to England on his own private charges , and to recompense his great expenses in that journey , the Bishoprick of S. Andrews , being then vacant , was conferred upon him . He put in Master John Douglas ( who was Provest of the new Colledge in S. Andrews ) to bear the name of Bishop , and to gather the rents ( till such time as the solemnity of inauguration could be obtained ) for which he was countable to him . This he did immediatly after he came home out of England . Now he wil have him to sit in Parliament , and to vote there as Archbishop . The Superintendent of Fyfe did inhibite him to sit there , or to vote under paine of excommunication ; Morton commanded him to do it under pain of Treason and Rebellion . The Petition given in to the Parliament , desiring a competent provision for the maintenance of Preachers , in which they complained of the wrong done unto them by the Courtiers , who intercepted their means , was cast over the Barre , and rejected ; and by the most common report , Morton was the cause thereof . Afterward Morton in a meeting of some Delegates , and Commissioners of the Church at Leith , by the Superintendent Dune's meanes , used the matter so , that he obtained their consent to have his Bishop admitted , and installed . Wherefore the 3. of February , he caused affix a Schedule on the Church doore of S. Andrews , wherein he charged the Ministers to conveene , and admit him to the place , which they did accordingly , but not without great opposition . For Master Patrick Adamson ( then a Preacher , but afterward Archbishop there himself ) in a Sermon which he preached against the order and office of Bishops , said , there were three sorts of Bishops : 1. The Lords Bishop ( to wit Christs ) and such was every Pastour : 2. My Lord Bishop , that is , such a Bishop as is a Lord , who sits , and votes in Parliament , and exercises jurisdiction over his brethren . 3. And the third sort was ( my Lords Bishop ) that is , one whom some Lord , or Nobleman at Court did put into the place to be his receiver , to gather the Rents , and let Leases for his Lordships behoofe , but had neither the meanes nor power of a Bishop . This last sort he called a Tulchan Bishop , because as the Tulchan ( which is a Calves skin stuffed with straw ) is set up to make the Cow give down her milk ; so are such Bishops set up , that their Lords by them may milk the Bishopricks . Likewise Master Knox preached against it the 10. of February , and in both their hearings ( Mortons , and his Archbishop ) to their faces pronounced , Anathema danti , anathema accipienti , a curse on the giver , and a curse on the taker . This much I thought fit to mention here , and to cast these things together which are of one nature , though done at severall times , yet which began at this Parliament in Stirlin . While the Lords assembled at Stirlin lay there securely and negligently , without fear of the Enemie that lay so farre off as ( they thought ) at Edinburgh , they had well nigh been cut off all of them , and the whole cause overthrown . For there was in Edinburgh one George Bell ( an Ensigne-bearer to a Company there , and a Stirlin-man borne ) who knew all the Town , and every Lane , and Street , every turning and corner in it . He had learned also in what particular houses everie Nobleman was lodged . This Bell knowing by intelligence how carelesse the Lords were , how few they had with them , and that there was either no watch kept at all , or else but very negligently , & the Centinels very thin placed , thought it possible to surprize them with a very few men ; wherefore having imparted it , and acquainted the chief Commanders withall , they liked , and approved of it . So with all speed they prepare for the journey , and march from Edinburgh with 200. horse , and 300. foot ; the Earle of Huntley , Claude Hamilton of Pasley , and Walter Scot of Balcleugh being their Captains and Leaders . They used such expedition , and were so fortunate , that having got thither undescried , they planted themselves in the Market-place , and setting men to guard all the Lanes , and narrow passages of the Town , they entred the Noblemens lodgings , and took them prisoners ; the Regent , Glencairne , and others . Onely Mortons house made some resistance ; which being so well defended , that seeing they could not enter otherwayes , they set it on fire , and he , seeing all filled with fire and smoak , one or two of his servants also being slain , yeelded himself to Balcleugh , who had married his Neece Margaret Douglas . And thus having made all sure , as they supposed , the Souldiers began to roame up and down the Town , and rifle the houses , seeking for spoyle and bootie . In the mean time the Earle of Marre , and his folks , who were in the Castle , and had essayed divers times to break into the Market-place , but in vain , all the passages and entries being so well guarded , that they could by no means do it ; at the last he sent some 16. of his men , with small brasse pieces of Founds ( as they call them ) to his own new house , which was then a building : and because no body dwelt in it ( for it was not yet finished ) the Enemy had not regarded it . These entring in at a back-gate , got up to the top of the house , and to the windows which did look directly into that Street where the Enemie was , and began to shoot among the thickest of them . Hereupon they presently fled so fast , that they trod one upon another thronging out at the gate . Marres folks came presently down and pursued them , but the lodging-gatebeing shut , they could not get out at the little narrow wicket but one at once , and that very slowly , whereby the Enemie had time to flee safely . And now many that before kept within doores for fear , began to creep out of their corners , and come forth to the Street , and joyne themselves with the Earle of Marres men , so that the case was quite altered : For the Victours and Conquerours , leaving their prisoners and their spoyle , fled for life to save themselves ; and divers became prisoners unto their prisoners , namely those who had taken Morton and Glencairne . The Regent was taken by David Spense of Wormiston , who was himself killed while he laboured to save the Regents life , and the Regent also received his deaths wound . They might have utterly destroyed the Enemie , but that at their first entry the Tividale men had taken away all their horses , so that they could not pursue them . And so they escaped ( we may say ) on both sides : for both were victorious , & both were vanquished in a few houres space . A rare and remarkable example , how available , and of what moment it is to use diligence and expedition ; and how dangerous in time of Warre to be negligent and secure . But especially this accident doth make good that often repeated observation of that great Warriour Julius Caesar , Multum in utramque partem fortuna potest ; that in all the exploits of Warre , fortune hath great power either to frustrate , or make successefull . But what he cals fortune , we know to be providence , and ought so to call and acknowledge it ; which turnes the wheele of humane affairs beyond , and contrary to their expectation . If we may judge of the justice of the cause by the perpetuall successe of the maintainers , and by their meeknesse and moderation therein , the Kings side have had the better and the juster . The Regent died that same night , and was buried in the Chappell of Stirlin Castle , with such solemnitie as the Town and time could afford . The Grand-father being dead , the next Regent was Marre , being chosen the 8. or 9. of September the same year 1571. There were three put on the list , Argyle , Marre , and Morton . It is strange , they should have made Argyle one , who had been all this while on the contrary faction , and was now but a reconciled Enemy at most , unlesse they were sure how to carry it . Many thought Morton should have been the man , but he nothing ambitious of the title , which was but matter of envie , helped to cause Marre be chosen , who was a very sufficient and trusty Nobleman , able to discharge the place , and who had the Kings person in keeping within the Castle of Stirlin . The main thing that he did in his Regencie was , that he conveened the Countrey , and lay about the Town , but wanting Artillerie to batter it , he returned again to Leith ; where having divided the Kingdome into quarters , he appointed the severall divisions to come to him by turnes , with whom having broken the Mils about Edinburgh , he placed Souldiers in the villages and Gentlemens houses about it , to hinder all kinde of provision from it . In the South parts of the Kingdome , Balcleugh and Farnihaste did molest the Kings side , especially the town of Jedburgh . Wherefore Morton both for this cause , as also for a particular against Farnihaste , who claimed to be Bailiffe of Jedward Forrest ( which belonged to the Earle of Angus ) by inheritance , sent for the chief Gentlemen of the Merse , and desired them to subscribe a Band , by which all those that were by name insert therein , did binde themselves to assist other , and all of them to aid and assist the Warden Sir James of Coldinknows . In this Band were contained the townsmen of Jedward , the Laird of Badrule , together with the Trumbles and Rutherfords , and divers others . The first that wascalled ( they being all assembled together in Mortons lodging at Leith ) was Sir David Hume of Wedderburne , who flatly refused to subscribe it ; but said , Hee was ready to serve the King , as became a faithfull Subject , so farre as hee was able ; but that hee would not binde himself in any Band to any man , further than hee was already bound in duty , especially such men , with whom he would not enter into any societie , fellowship , or combination . He understood chiefly the Trumbles and Rutherfords , which names were infamous , and most of them reputed theeves , and Badrule a notorious one . Morton seeing him thus resolute , lest the rest might by his example refuse likewise , caused him go aside into a back-room , and called in the rest . The first of which was Patrick Hume of Polwart , who hearing of the Trumbles and Rutherfords , refused also to be joyned with them , or to subscribe . When Morton asked him his reason , he answered roundly , Because , sayes he , it may be some of these men have helped to steal Wedderburnes cattell . And hath Wedderburne any cattell stollen from him , sayes Morton ? Yes , my Lord , answered the other , that he hath . He did not tell me so much , sayes Morton . But it is true , my Lord , saith Polwart . Well , sayes Morton , will ye subscribe this Bond ? I cannot , my Lord , saith he , as the case stands . If you do not , saith he , you shall do worse . Worse , my Lord , saith the other ; nay , rather than do worse , I will do it . No , but saith Morton , I do not mean to compell you . No , but my Lord , saith hee , you have said enough ; and so he signed it , accounting it threatning and compulsion , and so himself no whit bound by his subscribing . The rest of the Gentlemen being called , seeing Polwarts hand at it , made no more scruple , but set to theirs likewise . After this , Morton went to dinner , and being set , hee remembred himself , and sent one to call Wedderburne out of the back-roome , and when hee came , he asked him , Why he did not come to dinner ? I was ( saith he ) lawfully committed , my Lord , and I would not break prison , but stayed till I was lawfully released . These dealings made some that were rigid censurers think hardly of Morton , that hee would use such infamous men , and tolerate them for his own ends , especially being a publicke person , and in the place of justice : Yet others did excuse him , as being necessitated thereunto by the times ; there being no other way to counter-poyse the power of Farnihaste and Balcleugh , but by these Trumbles and Rotherfords ; alledging withall , that it is not fit , or possible , to observe those Schoolrules precisely in Politick affairs , which it seemes hath been his opinion also . In February , Morton being absent in S. Andrews , about the installing of his Archbishop Master John Douglas , those in Edinburgh watching and laying hold on this opportunitie , went forth , and setting fire in the town of Dalkeith , burnt some twenty houses thereof , and having spoyled and pillaged it , returned safe to Edinburgh . There was little otherthing of moment done by either side , during Marres time . And now by the Garrisons ( which lay about Edinburgh ) hindering Victuall to be brought to them , their scarcitie increased so much , that they sent to procure an Ambassadour from France , and another from Queen Elizabeth , to mediate a Peace . And for the preamble of a full Peace , the Ambassadours obtained a Truce in July , to begin the 1. of August , 1572. and to last till December , or January . The conditions were simple , that the Town of Edinburgh should bee patent to all the Kings Subjects ; which was as much to say , as that they should render it up , since they could keep it no longer . And so it was done the first of August 1572. Before the expiring of this Truce , the Regent sickened , and died at Stirlin about the twenty eighth of October , 1572. Thus have wee waded through those times and actions of the Earle Mortons which were inter-mingled with those of other mens ; in which though he were not the sole agent , no●… the principall and first in place , yet had he a main hand in all of them , and in all the affaires of Estate , he was ever a chief Actour , during the reigne of the Queen-Mother , and Queen Mary ( her daughter ) in the time of the three Regents , Murray , Lennox , and Marre ; to all whom , he was ever even more than a second . Now we are come to that time and those actions , which are absolutely and fully his own ; where he is the deviser and executer , sole counsellour and sole commander of all , where there is none to go before him , none to share or partake with him in his praise , or blame . What hee doth aright , the honour thereof is due to himself alone ; and if hee do any thing amisse , the blame thereof must lye upon him onely . The pain or pleasure , the gain or losse , touch and concerne him , and none else . For Marre being dead , wee do not finde so much as any question made , who should succeed him in the Government ; mens mindes had by presage designed him to it , and the Lords meet to accomplish that presage , rather than to consult of it . Wherefore the twentie fourth of November , he was by uniforme consent of all those of the Kings side , chosen to be Regent . Would you know the reason of their choice ? Be pleased then to hear it in the words of a stranger , who is very impartiall , and farre from lavish commendation , that is , Master Thin ( or Boteville ) in his Scottish Chronicle ; They sought ( sayth he ) a new Regent to succeed in Marres place , that might in all respects defend the Kings Person , and the Realme , as he had done before . Wherefore the Noblemen assembling , did select by one consent , the Earle of Morton to that Office , a man no lesse wise than provident , and such a person , as both for the nobilitie of his birth , and service to the Realme and to the King , did well merit the same . By which it appeares , that he did neither ambitiously seek the Place , nor got it by faction , but was chosen to it for the good of the Countrey , freely and advisedly . He sayes indeed , that it was after long consultation , but it could not be very long , being little more than a moneth , which was short enough time to be spent in making the late Regents Funerall , and to conveen the Nobilitie therein . For according to himself , the election was in December ; but our Acts of Parliament ( which are more authentick ) say , it was the 24. of November . But how ever long their consultations were , we do not hear that he had any Competitour , or that there was any other mentioned or nominated with him ; and seeing he sayes , it was done ( by one consent ) then was there not any contrary Votes , or contradiction and contesting ; but a perfect and full uniformitie and harmonie of minde amongst all of that side . Nay , even of those of the other side also , who sent ( as some Notes say which I have seen ) Commission and Proxees to that purpose , and namely , the Duke and Earle of Huntley . Others say , these were at the Parliament , where this Regencie was confirmed , holden the 26. of January , in Edinburgh . They that delay it longer , cast their yeelding in February at Perth , where they name Huntley , Argyle , Athole , and in generall , the greatest part ( say they ) of the Nobilitie , and so we see his entrie was free and right , and duly approved by all ; the rest of his Office we have to consider . It lasted the space of five years and three moneths , till the twelfth of March , 1577. which is the time of his dismission . All this time the Countrey injoyed a full and perfect Peace , save so much warre as they had in recovering the Castle of Edinburgh out of the enemies hands . There were within the Castle ( beside Grange Captain thereof ) Secretarie Metellane , and his brother Master John , Priour of Coldinghame ( afterward Chancellour of Scotland ) who remained still in terms of hostilitie . I know not why , nor wherefore , whether it was , that they thought themselves so guiltie , as that they could not be pardoned ; or that they had conceived such spleen and hatred against the other Faction , that they would not be reconciled ; and so , out of despair , taking a desperate course , or that they were borne up with hope of some change , perswading themselves , that this agreement among the parties could not last long , being so ill cemented ( as they conceived ) but that some difference would soon arise upon some occasion or other , and that the rather , having their example for the present , and the Castle of Edinburgh for a place of refuge , when it should be needfull . Upon these , or such like considerations , being also not altogether forsaken of the French ( who sent some small supply of Moneyes , but large promises by James Kircadie , brother to Grange , who landing at Black-Nesse , conveyed himself and it secretly into the castle ) they resolved to be the last in yeelding , and to hold out so long as possibly they could , assuring themselves that they could make their peace when they listed ( if it should come to the worst ) by surrendring the place upon good conditions . There were with these forenamed ( as their followers ) the Lord Hume , who was altogether led by Metellans counsell , and Logan of Rastarig , who depended upon Hume . Pittadraw was Lieutenant to Grange the Captain , and Sir Robert Melvill was Uncle to Grange . The Regent being resolved to pull this thorne out of his foot , caused the Castle to be inclosed with a trench , and Souldiers set to keep it , under the command of Captain Crawford , and Captain David Hume before mentioned . And because they of the Castle watered at a Well ( called S. Margarets Well ) Captain Michell was appointed to lie with his Company at S. Cutberds Kirk , who hindred them from fetching water from thence , and after a while , he found means to poyson it , and so left it without any Guard. While the Castle was thus blocked up , one Captain Bruce issued forth thereof , to bring in victuals , but he was taken by the Regents men , saith Master Thin : a thing very hard to be conceived , how he either durst , or could do it ; neither is there any mention or memorie of his being there , any where else to be found . Now because the Castle did annoy the City with their Ordnance , so that none could walk in the Street ( which lies open in a straight line from the Castle exposed to their mercy ) without danger of their lives , the Regent caused make three Traverses or Dikes , and ramparts of earth , turfe and dung , over-thwart and crossing the Street , so thick , as that they were Cannon-proofe , and could not be pierced , and so high , that they took away the view of the Street from them of the Castle . One of these was raised hard by the Land-Market above the Tolbooth , and the other two ( with proportionable distance one from another ) nearer the Castle ; so that the Citizens and others walked safely to and fro about their businesse , and the Lords also sate in Parliament without any hurt , notwithstanding that the very day of their sitting ( the 26. of January , or as others the 16. ) for their welcome and first salutation , they had bestowed on them 87. great shot ; onely there was one poor dog killed before the Regents door . Neither was there any great hurt done before , though they had been still sending their vollies the 1. of January ( at what time the truce expired ) not above 6. persons hurt that kept the trenches , and as many within the City , but none slain . One night the Captain issued forth , and skirmished with the Regents Souldiers in the trenches , till he found means to set some houses of the City on fire ; which , the winde being high , did spread through the City , and when any did offer to quench it , he caused the Ordnance to play so thick upon them , that none daring to come near it , there were some 100. houses consumed therewith being burnt down to the ground , but not any man either slain , or hurt . This fact made him , who was hated before , to be abhorred and thought abominable by all men . Wherefore the Regent determining no more to dally with him ( not having sufficient store of Artillerie of his own , and fearing lest the Castle being well victualled , might hold out too long ) he sent to the Queen of England to borrow of her ; who sent him 30. pieces in all ( viz. 9. Cannons , 6. Demicanons , 6. Sacres , and 9. Culverins ) with all manner of needfull provision ; together with 700. or ( as Master Thin saith ) 1500. men under the conduct of Sir William Drury Generall . With these and 500. hired Souldiers of Scots , besides the Gentlemen Voluntiers , and the Citizens of Edinburgh ( after he had summoned the Castle , and they not obeying ) he sate down before it the 20. of April 1573. They raised five Mounts or Terrasses , whereon to plant their batterie , in that place where now Heriots work is built . These ( being called by the severali names of the chief Commanders , First , the Kings , Secondly , Mount Drury , Thirdly , Mount Leyes , from Sir George Leyes , Fourthly , Mount Carie , from Sir George Carie , Fifthly , and Mount Sutton , from Thomas Sutton Master of the Ordnance ) were finished the 17. of May , with great toyle and labour , and not without some losse of men by shot from the Castle . They began their batterie the 17. of May , and continued it till the 26. The Castle is situate on a steep and inaccessible Rock , having a large utter Court beneath that Cragge whereon the Castle standeth . About this Court there is a strong Wall , and on that side which lieth towards the Town of Edinburgh , a Bulwark ( or Blockhouse ) ending in a sharp point , being made in form of a triangle . The use of it is to defend the entrance and gates of the Castle . The wals of this Blockhouse are subject to the sight and shot of the Castle , and so may be defended by those that are within , but the corner & sharp point thereof is not so , and if it be taken by the Enemy , those that are within the Castle cannot annoy them . There were within the castle at the inner end of the said Blockhouse , two turrets of ancient workmanship , but more high than strong ; of which the one was called Davids Tower ( which stood nearer the Gate ) the other without it nearer to the South , was called Wallace Tower , but I know not the reason of their names . Against these two Towers , and the side of the Blockhouse nearest to the Castle , they directed their first batterie . Thereafter they battered round about on every side of the Castle , and having dismounted some of the Ordnance within , and broken other some by shooting in at the mouth thereof , their Cannon did little hurt , being made unserviceable . Besides , Davids Tower being battered , was beaten down , and fell in such sort , that the ruines thereof did damme up the gate and entrance betwixt the Castle and the utter Court and Block-house . The Blockhouse was also battered in that part that was over against the gate ; and Wallace Tower , which stood above the gate within the Castle , was beaten down . There was a breach large enough , made not farre from the gate of the Bulwarke , and the ditch also was filled up with stones and rubbish , so that they might well enough have entred there ; but because it lay so open in the very mouth of the enemies shot , it was not thought safe to give the assault at that place . Wherefore having provided Ladders , they went to the point of the Blockhouse , there to climbe up out of danger of the Enemies shot . The foremost in this service were Captain Hume and Captain Crawford . Humes Ladder being too short , and there being one of his men also shot upon the Ladder behinde him , he was forced to come down again , and so Crawford got first up , and Hume followed him upon his Ladder , and so did the rest of the Souldiers without any hurt done . So they went forward , and planted a Corps de guarde before the Gate of the Blockhouse called Humes Porter-lodge , I know not why or how it got that name . They had no let or impediment , save that they had some small shot from the Castle , for the great Ordnance could not annoy them , being so high above them . And those that had kept the Blockhouse , had forsaken it , and were taken in to the Castle , being towed up over the Wall in the night . For it being sore battered , and the passage from thence to the Castle being so dammed up , that there could come no relief nor succour to them from within , they would not stay in it any longer , but abandoned it . While they were in s●…aling the Blockhouse , there was another Company sent to make shew of giving an assault at another place , but they having gone further on than they had warrant or direction , they were repulsed , and about thirty of them slain . And so they did ( as it were ) make an exchange , and recompense their losse of the Blockhouse , with the death of these thirty . But this taking of the Blockhouse , was a matter of no great consequence ; for neither could they any wise annoy or harme them that were within from thence , neither was the Castle Wall any where scalable , but as hard and difficult to get up into it as ever . Onely they had taken from them the onely Well which was left them , and out of which had been furnished to each man a pint of water a day . For the other Well that was within the Castle , by the fall of Davids Tower , was so filled with lime and rubbish , that it served them to no use . Besides , they were at variance amongst themselves ; for the Souldiers were not well pleased with their Captain , in regard of his hard usage of them . For he had committed to his wife the charge of distributing their Vivers , so to please her in that , that she might be the better contented to bear with his untimely and unlawful love toward her maid whom he intertained all this while . It is true , the victuall began to grow scarce , but she made it scarcer by her niggardly disposition . They did not mutine , but they murmured so , that they within were content to Parley with the besiegers . Wherefore the 26. of May , Grange the Captain , Pittadraw Lieutenant , and Sir Robert Melvill came down over the Wall by a rope , and spake with Generall Drury ; for they addressed themselves to him , as one in whom they did much confide as a favorer of theirs . They demanded that their lives , lands & honor safe , they might depart with bag and baggage , both he , and all that were with him . But when he could not obtain that , he returned to the Castle again . The Regent after this , found means to let the souldiers understand , that if they would render up the Castle , their lives should be saved , and they should have free libertie to passe with bag and baggage whither they pleased ; else that they must expect all rigour and extremity . Hereupon they shew themselves unwilling to undergo any more paines or danger for him , and refuse to obey him ; so that he was constrained to yeeld up the Castle the 28. or 29. of May , without any condition at all , but referring himself absolutely to the Queen of Englands pleasure . Her pleasure was to remit all to the Regents own wisedome and discretion , and so the 16. of July she called back Sir William Drury and her Souldiers ; as also about the same time her Ships and Munition were sent home againe to her . Concerning the prisoners , the Lord Hume was committed again to the Castle , and the Castle to the keeping of George Douglas of Parkehead , brother naturall to the Regent . Sir William Metellane of Lithington deceased ( the 9. of July at Leith , where he lay with Drury ) before he was suspected , and reported to have poysoned himself . What fear ; what guiltinesse , or what other occasion there was to move him hereto , or what information he got , or apprehension he took of the Regents minde toward him in particular , I know not ; but after that he knew that he was to be left by the English in the Regents hands , he lived not many dayes . None of the rest were hardly used , save Grange the Captain , who being odious for his breach of faith to those of the Kings side ( with whom he took part at first ) and much more hated for his treacherous dealing with the first Regent Murray , who had been so kinde and loving a friend to him , and had trusted so much to him ; but most of all for his obstinacie and unmercifull cruelty in firing the Town of Edinburgh , and not suffering them to quench it , the common people did so abominate and detest him , that they could not abstaine from reviling and cursing of him , as he was led along , after the Castle was surrendred ; neither could they be hindred from stoning of him : so that they who were with him were faine ( for saving of themselves and him ) to take the house upon their heads . And now that he was in the Regents power , there was no way to satisfie them , but by executing of him : Wherefore being condemned for these things , he was put into a Cart , and drawn backward to the Market-place of Edinburgh , where he was hanged , and with him his brother Master James Kircadie , and two men of Edinburgh ( Mossman and Cackie ) who had made false Coin in the Castle on the 3. day of August 1573. Master John Metellan was sent prisoner to Tantallon , and Sir Robert Melvill to Lithington , to be kept there by David Hume of Fishick , who then possessed it . This was the onely exploit of Warre which he atchieved , and by which he acquired great reputation ; the former Regents having never been able to get this Castle into their hands : as also by his no-wayes rigorous dealing with those that were in it . The rest of the time of his Regencie , there was a generall peace in the Kingdome , and full obedience was yeelded to him by all men . No man of those times had seen the like before ; no King was ever more dreaded and reverenced , nor did ever keep all sorts of people ( High-Landers , Low-Landers , Borderers and all ) in better order and greater subjection , even to inferiour Magistrates , both Civill and Ecclesiasticall . The chief mean hereof was the execution of the Laws . He made not many new ones , but what he made , he took care to have observed . Concerning Religion , there are these five Acts extant , which he made in his first Parliament the 26. of January 1572. before the besieging of the Castle . 1. The first of these is relative to an Act made by Regent Murray before . In it ( being made for establishing of Religion ) it had been declared : That they were not of the Church , that did not approve the heads of Religion then received , and who refused to participate of the Sacraments as they were administred . Morton ordains ( in this Parliament ) such persons to be first searched , and secondly , admonished to rec●…nt their wicked errours ; thirdly , to make confession of their faith according to the form prescribed ; fourthly , to participate of the Sacraments ; fifthly , submit to the Discipline of the Church within such a competent time ; sixthly , if they fail to do this , that they be excommunicated ; seventhly , then have their names printed in a catalogue ; eightly , divulged ; ninthly , & affixed on the Tolbooth door of Edinburgh ; tenthly , from thenceforth to be reputed infamous ; eleventhly , not to sit or stand in judgement , pursue , defend , or bear any publick office ; twelfthly , not to be admitted as a proof or witnesse , or assessour against any , professing the reformed Religion , till they submit , be reconciled , and obtain a testimoniall of their reconcilement . That to be in this Catalogue shall be a relevant exception against , first , Judges principall : secondly , or Deputies : thirdly , Members of Court : fourthly ; Officers : fifthly , Parties or Procutors : sixthly , persons of inquest : seventhly , or witnesses , to decline them from , first , Judgement : secondly , Office : thirdly , Pursute : fourthly , Procuration : fifthly , Inquest : or sixthly , Bearing witnesse : That the Arch-bishops , Bishops , Superintendents , Visitours , Commissioners , Readers , shall give in their names within every one of their bounds , under pain of forfeiting a years rent in case they fail . 2. The second Act is : That all Ecclesiasticall persons ( that is Ministers , or such as pretend any right to have , or brook and enjoy any , first Benefice : secondly , Life-rent : thirdly , Stipend : fourthly , Pension : fifthly , or Portion of Benefice ) who shall not confesse , subscribe , and participate the Sacraments , as said is , shall be ipso facto deprived , and all his Ecclesiasticall promotions and livings shall be voide and vacant , as if he were naturally dead . 3. The third Act : That none should be reputed as loyall and faithfull Subjects to our Soveraigne Lord , but be punishable as Rebels , that gave not confession and profession of the reformed Religion : That such as had once professed it , and afterward made defection , should returne before the first of June next , and renew their former confession : first , Promise to continue in it : secondly , To maintain the Kings authority : thirdly , The Preachers : fourthly , And Professours of the true Religion , against whomsoever and whatsoever enemies , especially against all ( of whatsoever Nation or degree ) that had bound themselves to maintain the decrees of the Councel of Trent , and were falsely called , The holy League . 4. The fourth Act : That whosoever were excommunicated ; and remained so 40. dayes , letters of horning should be directed to charge him to satisfie the decree of the Church pronounced against him , and to be reconciled to the Church , and submit to the Discipline thereof under pain of Rebellion : and if he did remain obstinate , that hee should bee put to the horne , and then letters of caption should be granted to apprehend him , &c. 5. The fifth Act was : That Ecclesiasticall persons ( such as above ) remaining year and day at the horne , should lose their Life-rents . These Laws he procured to be made in Parliament , and being made , he saw them duely executed ; by which mean it came to passe , that in his time , there was no man in Scotland , that professed advowedly any other Religion than the reformed ; or maintained any point of Religion , contrary to the doctrine of this Church . Men do now wonder at it , how it could be : yet so it was , and this was the mean that procured it . As for the Borders , hee tamed and daunted them by In-rodes , and Justice-Eyres , executing some for terrour to others , taking pledges and hostages of the rest , and punishing them that transgressed according to their faults , most part by pecuniarie mulcts and fynes . The High-landers were kept in , by binding the chief of the Clans over to the peace ; and partly by fear , partly by gentlenesse , he drew them to the obedience of the Laws . But the chief mean for all , was a solid and perfect peace established amongst the Nobilitie , the onely certain and sure way of keeping the Borderers in order ; as by the contrary , a stir amongst the States ( as themselves speak ) doth never faile to incite them to their theeving and robbing . This he knowing well , partly by his wisedome compassed and effected it , partly it fell out of its own accord by mens inclination thereto , being wearied with so long troubles , and the turbulent heads that stirred up and entertained dissention , being now taken away by death . It is matter of laughter and sport , to consider mens judgements concerning this his government . I heard then , and have read since in some memorials of those times , his government mightily taxed , and reproached , and himself censured as covetous & greedie , as one that hanged some poor snakes for a shew of justice , but suffered the richer theeves to escape for their money . And yet the same men do not stick to say and write , Betwixt the 3. of March 1575. and the 4. of March 1577. the space of two years , there was nothing of importance to write of : All this time the Regent governed the Realme both well , and wisely : for during these two years , the common people had rest and quietnesse ; Not considering that his government in the former years had procured , and caused the rest and quietnesse of these years . Yea , these same things which they call ( hanging of the poor for shew of Justice , and letting the rich go for money ) they might call it ( if they would speak in proper termes , and give it the right name ) a just moderation and tempering of justice with lenitie ; punishing some ( lest impunity might breed contempt of the Law ) punishing the fewest and in the gentlest sort , lest too much rigour might drive them to despaire , and so force them to desperate courses , and to stirre up new commotions . If this course did withall meet right with any natural inclination in him towards money ; yet that inclination did rather concurre with this judgement , than cause it . He knew the nature of his countrey-men , how they cannot easily endure to have their lives touched , or their bloud medled withal , and how hard it is to over-master them by the strong hand , and a violent way , but farre more easie to be overcome and gained by fair meanes ; and therefore out of his wisedome hee made choyce of this , as the best way for his purpose of settling Peace . The event and issue did justifie his choyce : for from hence did arise a full Peace , and perfect quietnesse , together with all obedience and good order in Church and State at home , and account and great esteem of Strangers abroad . His meanes ( indeed ) were also increased , yet that came not so much by publick fynes or forfeitures , as by his good husbandry and thrifty managing of the revenues of the Crown , and his own private estate . For no man knew better how to improve both the one and the other , and to make the best of them ; and no man was more carefull and diligent in it , than he . He guided both himself , and imployed his own pains and industrie therein , as in all affairs whatsoever . His servants were ever particularly directed by himself , and they did but execute what he commanded . The chief men he used were John Carmichael of Carmichael , and George Auchinleck of Balmannoe . He imployed the former in all matters that were to be done upon the Borders , having made him even a warden ; theother had a care to gather in his rents , and was ( as it were ) Stuart or Chamberlaine to him . His private delight was in planting and building , which hee did very magnificently , especially at Dalkeith ; for which Drumlenrig admonished him that it was too sumptuous and stately for a Subject , and too near to Edinburgh . He built also an house in Tividale , called the Droghholes , for his private retreat . He grew so in esteem of wisedome and riches with all men , that it was no wonder though hee were a little touched with the opinion of it himself ; being now past all emulation , and so accounted of by all men , he could not but esteem also well of himself . They who did envie him had little hope to hurt him by action , being above their reach ; but by their tongues they sought to make him envied of all ; saying , He had all the riches , all the friendship , and all the wisedome of Scotland , Him alone . This was Hyperbolicall , and spoken to stir envie ; yet thus far it was true , that he had more of all these than any other one man , and so much as all his enemies were not able to match or impaire . He had added to his friendship great parties , the Lord Maxwell and Hamilton . Maxwell married his Niece ( a daughter of his brother David , and sister Germain to Archbald Earle of Angus ) and the Lord Bothwell also had married her sister Margaret , Relict of Walter Scot of Balcleugh . The Lord Hamilton had been in great enmitie with him ; for ( besides the publick cause of Regent Murrays death ) he with his brother Claud of Pasley , had killed Johnston of Wester-hall , a follower and depender of the house of Angus . At that time the Countesse of Cassills ( Lyon by name , of the house of Glames , and a near Cousin to the Regent ) was a widow . Whether the love to that Lady brought on the reconcilement , or their reconciliation occasioned the affection to the Lady , it is hard to say ; but so it was , that Hamilton suited her in marriage , and obtained his suit ; and by this all quarrels , and more especially that slaughter of Westerhall was taken away . And for the better satisfaction herein , both the brothers ( the Lord Hamilton , and Claud of Pasley ) made publick obeysance to Archbald Earle of Angus , in the Palace of Haly-rood-house , by coming the whole breadth of the Inner-Court thereof bare-footed , and bare-headed , and falling down on their knees , holding each a naked sword by the point , delivered it to him to take hold thereof by the Pommell . This was in the yeare 1575. the seventh of March , being Monday . After this , Hamilton was married to the Lady . Yet may it bee doubted , whether he acquired more friendship in private by them , than he furnished matter of obloquie in publick to the countrey ; because both these brothers were accounted authours or accessarie to the killing the Earle of Lennox , ( then Regent ) and the Kings Grand-father ; as also they had been of that of Regent Murray . These slaughters all the Nobilitie ( especially of the Kings side ) had solemnly sworne to avenge : and now by this hee seemed to neglect that quarrell , and his oath , and that he had more care to be satisfied in his own particular , for the slaughter of one mean man his depender . It grieved particularly William Douglas of Logh-leven , who desisted not from the pursuit of those that had slain his brother Murray : after a privat manner , seeing he could not get publick justice executed ; twice he set upon the Lord Hamilton , as he was coming from Arbrothe , and chased him so , that he was constrained to return to Arbrothe again . Another time as he was coming through Fyfe , he made him flee to Darcie , which he beset & lay about it , till the Regent sent to him , and commanded him to desist . However , by the alliance of these Noblemen , he seemed more strengthened & more secured . The Earle of Angus ( his Nephew ) was married to the Lord Ereskins sister , daughter to the late Regent , Earle of Marre , a Lady of rare beauty and vertue ; and worthily made choice of by Morton who was author of the match , both because of the Ladies deserving , as also for that it not a little seemed to strengthen him , seeing her mother and uncles ( during the minoritie of her brother ) had the custody & education of the young Kings person , which was the only way to attempt any thing against his Regencie . Whether these things begat in him security , and security bred carelesnesse to entertain mens love , from whence did arise a loathing of him in all estates , & coldnesse in particular friendship ; or what ever the occasion was , certain it is , that he keeped his place more by the estimation of all , than by the affection of many , on the occasions following . We shewed before , how in matters of Church-government , he ever inclined ( as the most politick course ) to the estate of Bishops . The name was yet retained by custome , the Rents were lifted also by them ( as we have said ) more for other mens use & profit , than their own . They had also place & vote in Parliament after the old manner , and he would gladly have had them to have kept their power and jurisdiction over their brethren . M. John Douglas being dead , he filled the place by putting in M. Patrick Adamson his domestick Chaplain , who then followed that course , thoughbefore he had preached against it . Many were displeased herewith , all the Ministers ( especially they of greatest authority ) & all men of all estates that were best affected to Religion . He endeavoured also to have put the charge and cure of more Churches into one Preachers hands , that there being the fewer to provide of stipends , the Kings revenues ( who paid them out of the thirds of the Church lands ) might be increased by the surplusage which remained to him . Hee did so eagerly presse this point , that some thought it necessary to write against this course ; namely , Master John Davidson ( Minister at Salt-Preston ) then a Student at S. Andrews . Him he caused to be summoned to under-lye the Law , and to be indicted criminally , and being entreated for him , he shewed himself so animated against him , that he durst not under-go his triall , but fled to England , with the consent of those that were bail for him ; of whom he exacted the summe to the full , and they willingly did choose rather to pay it , than to expose their friend to the hazard of his wrath . The Printer of the Book Robert Lake privike was convicted by an assise or jurie , and committed to the Castle of Edinburgh . It was also hardly taken , that he sought to diminish the authoritie of the Generall Assemblies of the Church , by refusing to be present ( being desired ) at an Assembly holden in Edinburgh the 6. of March , 1573. which was very frequently and solemnly kept almost by the whole body of the Countrey ; the Nobility , Gentrie , Commissioners from Burrowes , as the custome had alwayes been , and as he himself before had been present at them . Yea , he began to question their priviledge and libertie thereof , by asking the Commissioners ( which were sent from them to crave his assistance thereat ) who had given them power to assemble the Kings Lieges without his leave , who was in authority : With this unlooked for demand , they were dashed at first , but re-collecting and gathering their wits again , they answered : He that gave power to preach and hear preaching , gave power also to conveene in Assemblies : Neither doth it depend on man ( say they . ) He said , that was treason . They answered , That if so be , then all the Apostles were Traitours , and the primitive Church in time of persecution . He said , That they conveened onely to preach the word : They answered , That they conveened to advance , facilitate , and set forward the preaching of the word , and that was to preach also . But however , if to conveene without the consent of the Magistrate were unlawfull , preaching was also unlawfull , unlesse they should preach to the Wals. A little velitation thus passed , he in end refused to goe , which did so grieve them all , that a publick Fast was appointed to pray for diverting and averting of such things as he seemed by this to intend against the accustomed Assemblies . He propounded to be reasoned , whether the supreame Magistrate should not be head of the Church , as well as of the common-wealth ; and there were Divines appointed to dispute it for the Church , Master James Lowson ( Minister at Edinburgh ) the Laird of Dun ( Superintendent of Angus ) and Master John Spoteswood ( Superintendent of Lowthian ) and James ( or Master David ) Lindsay . For the Regent , there was the Justice-Clerk , Master David Borthwick , Sir James Balfoure , and William Douglas of Whittingame . These met at Edinburgh in the Abbey , and conferred for the space of 12. or 13. dayes ; but hee finding no appearance of obtaining that point , dissolved the meeting till a new appointment . The Commons , and chiefly the Town of Edinburgh were offended with him , because he had diminished the value of a certain brasse or copper coyne ( called Hard-heads ) and abased them from three half pence to a penny : and also the plack piece ( another brasse coyne ) from foure pence to two : which was done ( notwithstanding ) by the consent of a very frequent Convention , where the whole Nobility ( no Earle , Lord , or great man in Scotland being absent , except the Lord Hamilton , not then reconciled ) was present the 25. of February 1573. He licensed also the transporting of Corne out of the Countrey , against which he himself had made an Act , but now he dispensed with the Act for money . He committed all the Butchers of Edinburgh for forestalling the Market , and afterward dis-missed them , having paid a Fine . He held Justice Eyres , and raised a taxation under colour to cut down the Woods of Hair-law ( on the Borders ) which was a place of retreat and refuge to out-laws , theeves and rebels . These things were interpreted to be done rather as a pretext to get Money , than for any other good use or end . He was in his own person loosely given ( his own Wife being frantick ) and his houshold servants were not much better , as it commonly comes to passe by imitation . They were also not altogether void of envie for their great wealth : nor of hatred , in regard of the way that men thought they got it , which was by receiving and taking bribes from such as had suites to him for obtaining accesse to him , or his favour by their means , and some such indirect wayes . Riches are ordinarly accompanied with hautinesse and disdaining of others , either really , or in mens opinion ; which doth again beget disdain in those that think them disdainfull . This was the generall opinion men conceived of his servants , from the highest to the lowest , even of his door-keepers and grooms . One thing did marvellously offend men : George Authenleck of Bawmannow having ( I cannot tell what ) small quarrell against one Captain Nisbet , being come out of Dalkeeth ( where the Regent kept commonly his residence ) and going up the Street , he met this Nisbet , where drawing his Rapier , he thrust him through , and leaving him as dead , he held on his way to the Tolbooth where the Lords of the Session sate , as though he had done no wrong , with great indignation of the beholders : and at night he returned to Dalkeeth , where he waited upon the Regent as before . This made the people to murmure both against him as the actour , and against the Regent as conniving thereat , who perhaps did not hear of it , at least for a certain space . This Authenlecks credit with the Regent was so great , that all suites ( for the most part ) were obtained by him : and therefore men of the best qualitie countenanced , and followed him , which was both observed and disdained . One day this man being in the Tolbooth within the Inner-Barre , Oliver Sinclar ( sometime Minion and Favourite to King James the fifth , who was now at Court ) standing at the Middle Barre , intreated earnestly to speak with him , which having obtained with difficultie , when the other asked him what he had to say to him : Oliver answered , I am Oliver Sinclar , and without saying any more , left him ; as if he should have said , Be not too proud of your courtship , I was once as you are , you may fall to be as I am . This was matter of much talk a long time . The Nobilitie grudged to see the Regent and his servants to ingrosse all matters of profit and commoditie to themselves alone . If any Writ were to passe , it passed through at the highest rate ; few casualities were given cheap , fewer gratis . The marriages of Wards , the gifts of escheit , re-abling , or naturalization , were bestowed all upon his Domesticks . They were neglected in these things , and in other things also of a higher nature , their advice was not often sought , nor themselves much imployed , as if he had not stood in need of them . The Earle of Argyle was mightily incensed against him upon this occasion . He had a Jewell which had sometime belonged to Queen Mary , which was an ensigne of precious stones , set in forme of the letter H ( for Henry ) which his Lady had either gotten from the Queen ( who was her sister ) to keep , or some other way in a token perhaps ; the Regent re-demanded it as belonging to the King , and when he got it not by request , he sent an Officer of arms to him , and charged for it ; whereupon it was delivered to him , but with great alienation of his heart and affection ever after . His most near and particular friends wanted not their own exceptions and grievances against him . In the East and middle March , he planted strangers amongst them , as Arch. Auchenleck ( brother to George ) and Arch. Carmichael ( brother to John Carmichael of Carmichael ) in the Merse . These he married to two Wards ; the last to one Hume , Inheretrix of Edrem ; and the former to one Sleigh of Cumblege ; notwithstanding that she had gone away with Patrick Cockburne ( brother Germain to the Laird of Langton ) who had kept her certain dayes , yet he caused an Officer of arms to charge him to deliver her , and so she was exhibited , and married to Auchenleck . Both these march with the Lands of Bonckle , belonging to the Earle of Angus ; and therefore this planting of these men there , was not well taken , but was interpreted , as if hee had meant to strengthen himself there by them , and to acquire dependers there for himself , not leaning or trusting sufficiently to those of the Earle of Angus , or his friends in that Countrey . The purchasing of the Lands of Spot to his naturall son James , wrought him both hatred and hurt ( in the end ) for it quite alienated Alexander Hume of Manderston . This Alexander had to wife a sister of George Hume of Spot , and by her divers children , of which one was George , afterward Earle of Dumbar . George of Spot having but one daughter , had taken to him , and ( in a manner ) adopted this George sonne to Alexander , with resolution to bestow his daughter on him in marriage , and with her his whole estate . It fell out afterward , that John Cockburne of Ormeston married a daughter of Alexander of Manderston . This John having some difference with Spot about some Lands , the very day before his marriage , rode with his Company , and did eat up the Cornes that grew on the controverted Lands which Spot had sowne . The next day Spot being at the Wedding of his sister daughter , complained of the wrong done to him , but received small satisfaction , either of the Bride-groome , or of his brother-in-law , who was loath to offend his new Allie . Spot conceived such indignation hereat , that to be revenged of Manderston , he resolved to sell his estate , and to bestow his daughter somewhere else , and so to disappoint his sonne George . Wherefore he addresses himself to the Regent , and offers his daughter with his whole estate to his sonne James . The Regent , nothing slack to such an occasion , without more scruple or any question , transacted and contracted with him , and the marriage was accordingly accomplished betwixt Anna Hume , and James Douglas who got by her all the Lands pertaining to her father George Hume of Spot , his life-rent onely being reserved . By this mean Alexander of Manderston , and his sonne George were debouted and frustrate , which did so incense him , that from that time forward , he lay in wait ( as it were ) and watched for an opportunity to be revenged of the Regent . There lyeth near unto these Lands of Spot , the Lordship of Thurston , which belonged by inheritance to Craigie-Wallace , but was possessed by Sir George Hume of Wedderburne , and had been possessed by his Predecessours of so long a time , that it is thought to have been their possession before they had Wedderburne , for eight or nine generations . The right they had was sometimes a Lease , sometimes ( the Lease expiring ) kindlinesse onely . At last , the King having given to Wedderburne the Lands of Dundonald ( which lay hard by Craigie-Wallace Gates ) Wedderburne puts him in possession of them , and retaines his possession of Thurston , wherewith they rested both a long time well contented and satisfied . This excambion being reall , and without Writ on either side , it fell out that the Kings Lands ( which had not as yet bin set to feud ) coming to be set out , they that were intrusted therewith , finding Craigie-Wallace in possession of Dundonald , gave him a legall right to it , and so he had the right both of it and Thurston . Hereupon he warnes Wedderburne to remove from Thurston , as having no right thereto , but he kept his possession . On this ensued no little trouble , by reason of Waughtons assisting of him , who had married Craigie-Wallace sister . Afterward Sir George of Wedderburne ( Uncle to this Sir George ) marrying a daughter of Waughtons , matters were taken up and accorded , and Wedderburne was no more molested . The Regent knew all this very well , and yet notwithstanding hereof , the nearnesse of Thurston to Spot , and his desire to enrich his sonne , made him to send for Craigie-Wallace , and buy his title and right from him to Thurston . Then he sends for Wedderburne , tels him what he had done , and that he did not mean to make him a loser thereby : and therefore desires to know what satisfaction he would have for his right and interest . He answered , That he desired nothing but his own , and that onely could content him . The Regent replyed , That he had now bought that : And the other answered , That he was the more unkinde to buy that which he knew to be his by so long and kindly possession . No other in Scotland ( sayes he ) would have bought it , nor you , my Lord , if you had not been Regent . This he bore patiently , as a free speech of a justly offended friend ; yet he still pressed him to know what contentation he would have ; but the other persisted in his former answer , That his own would onely content him . So they parted , being divided in words and minds , concerning this particular , but without breach of friendship . After a while the Regent ( to bring on the matter more freely , and to necessitate him thereto ) makes warning , and no objection being made , obtaines a decreet of removing against him . Wedderburne to shew what little account he made of these doings , fals a building on it , that he might know he had no intention to remove . He had a Lease which was not expired as yet , and there were two or three years thereof to run ; but he would not make use of it , but kept it up , partly to trie the Regents intention , partly reserving it as a ground of reduction , if it should need . Thus they continued all the time of his Regency ; after his dimission the difference was taken away by William Douglas of Logh-leven , after this manner ; Wedderburne got one half of the Lands ( the Manour-house , and what lay about it ) and a full and perfect right thereof , and did quit the other half , which was let out in Tenantry . Sir James Hume of Coldenknows , and Alexander Hume of Huton hall were also alienated from him , but I know not what the occasion of it was . In Tiviotdale William Ker of Cesford , and Andrew Ker of Fadunside were likewise displeased , and had fallen off from him for some hard usage , which doth not succurre for the present . Hee had banished William Ker of Ancram , for the fewd betwixt him and the Rutherfords , of whom he had slain one . His fathers house of Ancram was seized , and given in keeping to his enemies the Trumbles . His mother ( a daughter of the house of Wedderburne , and the Regents Cousin Germane ) had often sued to him , to have it restored to her and her husband , but could not prevaile with him . At last , she found means by her self and her servants , to get into the house ( being negligently kept ) and turning the keepers out of doores without doing them any harme , dwelt in it with her husband , and her other sonne Robert. William absented himself from publick view , and remained sometimes in England , but most part in Wedderburne , both in Sir Davids , and Sir Georges time ; neither was the Regent very carefull to pursue him , or search after him ( though hee knew of it , and they made no bones to confesse their receiving and entertaining of him in their houses ) yet would he not release him from his banishment , being loath to displease the Trumbles and Rutherfords , whose service was very usefull to him . He tolerated also John Hume ( sonne naturall to John , called of Crumstaine of the house of Wedderburne ) who had been with William Ker of Ancram in all his troubles , so farre as at the meeting which the Regent had with the English ( after the Red swire ; ) he being in company with Wedderburne , the Trumbles and Rutherfords perceiving him to be there , went to the Regent , and complained that he was suffered to live in the Countrey , being a Rebell , and one that had so much wronged them . Let him alone ( sayes the Regent ) and do not meddle with him at this time , when he hath so many of his friends about him : for if he were now challenged , it might trouble you and me both . Some few dayes after this , he went to Tantallon with Wedderburne , where having kept himself out of the Regents sight all the day long , at night ( when the Regent was gone to bed ) he fell to Cards with the servants in the hall . The Regents Chamber was hard by , and he , not resting well , arose and came forth to the hall in his night-gowne to look on their gaming : By chance John sate next to him ; and he leaning with his hand on his shoulder a long time , without knowing who he was , at last going away to bed again , he perceived it was he , and smiling , said to him , GOD make you a good man ; and so went his way . From thence forward John conversed in publick , and came ordinarily into his sight and presence without being challenged , as if he had been formally released from his banishment . The Earl of Angus himself had his own discontents ; and thought him too carefull to preferre & provide for his natural sons , and not so careful of him as he should have been . Besides , these that thought themselves dis-obliged , he had professed enemies that hunted for all the advantages against him they could devise ; at home the Castle faction ( Master John Metellane , Sir Robert Melvin , Pittadraw ) and abroad in France , the Lord Seton , Farnihaste , Waughton ( who was not very busie ) the Bishops of Glasgow , and Rosse , Ambassadours , and Agents for the Queen . These things ; like warts or freckles in a beautifull body , seemed to stain the lustre of his government , and though they may be thought but small slips and weaknesses , yet they made impression in the mindes of some , and in the own time brought forth hard effects , albeit in respect of his place , wisedome and power ( like slow poyson ) they were long ere they did shew forth their operation . There fell out a businesse in the year 1576. the 7. of July , which men looked should have brought on warre with England . Sir John Forester , Warden of the middle March in England , & Sir John Carmichael Warden for Scotland , met for keeping of the Truce , at a place called , The Red Swire . There the Scottish Warden desired that one Farstein ( an English man ) who had been filed by a Bill of goods stolne from Scotland , should be delivered ( as the custome was ) to the owner of the goods , to be kept by him untill he were satisfied for them . The English Warden alledged that the man was fugitive , and so the Warden was not bound to answer for him , or deliver him , but the party endammaged was to seek redresse of any that should be found to receive or harbour him in their houses . Sir John Carmichael taking this not to be spoken in sinceritie , but for a shift to frustrate justice , urged and pressed the matter more hardly , desiring him to speak and deal plainly , without sparing any man for fear or favour ; but regarding onely what was just and right , according to equitie and reason . Sir John Forester thinking himself taxed of partialitie , beganne to bee angry , and in a contemptuous manner bad Carmichael match himself with his equalls , and not with him , who was above him both in birth and quality ; and therewith hee rose up from the place hee sate in , and walked a little away from thence . The English Borderers ( chiefly they of Tindall ) being all Bow-men , when they perceived their Warden displeased , glad of occasion to trouble the Peace , sent a flight of arrows amongst the Scots , whereby they killed one of them , and wounded diverse . The Scots who looked for no such thing , and were gone some to Cards , and some to other Pastimes , being scattered here and there , fled at the first many of them . At length some few ( about twenty persons ) taking courage , and calling to the rest to stay and stand to it , they joyned together , and charged the English so fiercely , that they slew divers of them , amongst whom was Sir George Heron , a worthy Gentleman , and well beloved of both the Countreyes , whom they would have been loath to have hurt , if the heat of the conflict had not carried them to it unawares . Sir John Forester , and the Gentlemen that were with him , were taken prisoners , and brought into Scotland to the Regent . He entertained them kindely , and honourably , but detained them as lawful prisoners , and breakers of the Peace , till the Queen of England sent for them . It was expected that this should have bin an occasion of warre ; but the Regent was nothing afraid of the matter . He knew them , and they him ; he entertained friendship with them after his wonted manner , and sent many Scottish Falcons for a present to the Courtiers of England , whereof one made a jest , saying , That hee dealt very nobly and bountifully with the English , in that he gave them live Hawkes , for dead Herons , alluding to Sir George Heron , who was slain . The businesse came to a treatie , and the Regent came in person to Foulden in the Merse , where the English Commissioners met him . They agreed on these termes , That the goods should be restored , and for satisfaction and repairing of the Queens honour , Carmichael should go to London , and come in the Queens will. He went as far as York , where being come the 26. of September , he was detained there some five or six weeks , and so was dismissed . Concerning restitution of the Goods , the Regent caused make a Proclamation , by which he commanded all that were on this side of Forth , to come to him at Edinburgh the 8. of October , with provision of victuall for twenty dayes , intending to go to the Borders . But he continued or adjourned the diet till he should give new advertisement ; for the Borderers ceased from their stealing , and took order for restoring what they had taken . Afterward he held Justice-Courts at Peebles and Edinburgh , which was interpreted to be done , more for getting money , than doing of justice . The townsmen of Edinburgh were especially aimed at , & most carefully summoned ; yet they were continued and cast overto another time ; only they paid a thousand marks Scottish for Bullion , which the Merchants are bound to furnish to the Mint , but had neglected to do it . During the time of his Regencie , he met with one private conspiracy , of which John Semple , son to the Lord Semple was author ; upon what ground or motive I know not . It was revealed by one Gabriel Semple , who being confronted with John before the secret Councel , avouched it , and offered to make it good by combate : But it needed not , for John confessed it , and was thereupon condemned to be hanged , quartred and drawn . Yet when his friends interceeded for him , the Regent ( nothing bloud-thirsty ) did onely send him to the castle , there to remain during pleasure ; which not being declared , he was kept there during his Regency , after which he was set at liberty . In the year 1577. the 4. of March , the Nobility assembling at Stirlin , concluded that the King should take the government into his own hands , and should be guided by a Councell , and the Regent deposed . No cause was given out , nor could there be any sufficient reason pretended . The King was not yet 18. years of age , which was the time limited and set down in the Act of the Queens dimission for him to be governed by Regents . At most he was but 11. or 12. years old , When these newes were brought to the Regent at Dalkeith , being astonished therewith , he came to Edinburgh ; but little countenance was made to him by the townsmen , few came from the countrey ( no Baron almost of note , save Wed derburn ) none of the Nobility , so far were they alienated from him in affection . And indeed though they had intended to have come in to assist him , he gave them no time to do it ; for , ere they could have come ( as my Lord Boyd only did ) he had dimitted his Regencie ; and was so far from making any impediment or let to the Proclamation , that he assisted a single officer with a trumpet , who came to proclaime the Kings authoritie , and publickly laying down his Office , he took instruments of his dimission . The next day when the Lord Boyd came to him , hee chid him soundly for this his haste ; and even he himself , when he had thought better on it , was angry with himself , that hee should so rashly and unadvisedly have given way to his enemies , who used the Kings bare name against his authoritie , which was to last five or six years longer , and was established by the Laws of the Kingdome , and Act of Parliament ; unto which they themselves had consented and given their approbation . Whether or not hee did best in dimitting , it may be disputed on both sides . The adverse party seemed strong , Argyle , Athole , Crawford ; yea also ( which did most astonish him ) his friends Glames , Ruthven , and Lindesay ; his most cherished , Pitcarne ( Abbot of Dumfermling ) Secretary , and Tillebardin Controller ; he had the ill-will of the Burrows , especially Edinburgh . And yet having right and the law on his side , some would have regarded that ; the multitude ( so mutable ) might have been reconciled , and the Faction dissolved ( being glewed together by nothing but common discontentment ) by contenting some , and putting some in hope of having place in managing the affairs of the Kingdome . Neither could matter of division have been long wanting amongst themselves , where there were so many heads , such diversitie of judgement , and so many severall aimes and intentions . If hee had but stuck to his right declared , and claimed it , and in the mean time kept himself safe by his own power and friendship in Dalkeith or Tantallon , it is possible , and not improbable that hee might have dis-appointed them . But hee left that way , and having dimitted the authority , he rendered also the Palace of Haly-rood-house , the Mint and Coyning-house , with the printing irons ; also the Kings Jewels , and what else belonged to the Crown was delivered to the Lord Glames and Maxwell , who were sent from the King and his new Councell to receive them . And good reason he should do so , for now they were no more his , seeing he was no more Regent , having dimitted the authority , he could not retain them . Yet he did not so with the castle of Edinburgh , which the same two Lords had also commission to receive . His brother ( George of Parkhead , as we have said ) was Captain of it , who not being well provided of Victuall before , he found that it was then too late to begin . For seeking to Victuall it both privatly and openly , hee was hindred by the Townsmen , whereupon ensued bloud-shedding and slaughter . The Town had placed a Guard about the Butter-market ( where the Weigh-house now stands ) and the Constable of the Castle Archbald Douglas ( brother to John of Tillie-whillie ) issuing forth , set upon the Guard before they were aware , and having killed two or three of them , retired to the Castle again . This did no good ; it procured hatred toward himself , but purchased no Victuall to the Castle . Wherefore the Guard being more warie , he was so straited for want of Vivers , that he was forced to surrender it to the Lord Ruthven and the Lord Lindsay the first of April 1578. In this mean time ( some fourtnight before , the seventeenth of March ) the Lord Glames Chancellour , was slaine at Stirlin . There had been some old quarrell betwixt the Earle Crawford and him ; but now both being on the Kings side , they were upon termes of agreement or assurance . It happened so , that as the one was going to the Castle of Stirlin , and the other coming from it , they rencountred in a narrow Lane. Both of them commanded their followers and train to give way , which they did , and were now all passed save two of their servants that were last , who having first justled one another , drew their Swords , and flew to it . Hereupon both their Lords with their Companies turned , and began to skirmish ; where the Lord Glames being a tall man of stature , and higher than the rest , was shot with a Pistolet , and so died . It is uncertain who it was that shot him , but many thought it was Crawford himselfe , because he was very skilfull in shooting with a piece . Wherefore he was committed to prison , but was released again soon after , without further triall or enquiry : Whereupon followed great enmity and mischief betwixt these two families of Crawford and Glames . It was observed with admiration , that the news of this slaughter , which was committed about five a Clock in the after-noon , was reported punctually and perfectly at Edinburgh by six , there being 24. miles distance between . It appears by this , that if Morton had not laid down his authority over hastily , other such things might have fallen out to have divided that faction , which might have furnished him with matter enough to have wrought out his own continuance therein . But now having laid it down , he must play the after-game as well as he may . There were chosen to be of the Kings Councell , Argyle , Athole , Montrose ; the Bishop of Caithnesse ( Montroses Grand Uncle ) the Abbots of Dumsermling , and Newbottle ; the Lord Ruthven , Lindsay , and Oglebee . These coming to Edinburgh , he gives place , and withdraws himself , not to Dalkeeth ( it was too near ) neither to Douglas ( it was too farre off and out of the way ) nor to Tantallon ( it was a place of strength , and it might have been interpreted fear in him ) but to Logh-leven to his Cousin William Douglas , who was also a near Cousin to the Earle of Marre ; that from thence , and by him he might deale with them who had the Kings Person in keeping , and finde meanes to turne about the wheele againe , and to overturne them who had turned him ( in a manner ) out of his Regencie . There hee busied himself in making of Walks and Alleys , in drawing of Garden plots or knots , little minding any State affaires in appearanee ; or if any warie wit did suspect any thing of him , or any clear eyed Lynceus , or well sighted Argus espied some designe ( which was very hard for them to doe ) yet most part saw nothing ; and there were but few that suspected any thing , and none that could help or hinder it . For so hee brought it ( as most men think ) or so it came to passe , that Alexander Ereskin ( brother to the late Earle ) a man of a good easie nature , and no ill disposition , and who , though of himselfe hee were nothing factious or malicious , yet he had been an instrument , whom the other partie ( Argyle , Athole , &c. ) had used to turne Morton out of his Regencie , by admitting them unto the King , who was committed to his charge as Captain of the Castle of Stirlin , and Tutour to the young Earle of Marre , was himselfe almost after the same manner turned out of his charge of keeping the King and Castle . For as the King had been moved to take the government upon himself before the time appointed , so the Earle of Marre was moved to take upon himself that his own charge ( of keeping the King and Castle of Stirlin ) before his time , being not yet of age nor Major . The manner of it was this : One Morning ( the 26. of April 1578. the Earle got up betimes to go a hunting , and sending for the Keyes of the Castle Gate , Alexander ( his Uncle ) came himself in person , and having opened the Gate to let his Nephew forth , he himselfe and his servants were thrust out at the Gate by the Earle , assisted by his own naturall brother , and his Uncles the Abbots of Cambskenneth and Driebrugh ( very worthie , kinde , upright , and honest Gentlemen ) and so he took the Keyes and keeping of the King and Castle into his own hands the 27. of April 1578. ( as my notes say ) and so not above 7. weeks after Mortons dimission of his Regency . Whether or not Morton imployed Tillibardine in this work , and gave him Money for it ( he being Uncle to the Earle of Marre ) I cannot affirme it , though I know it was reported ; neither indeed can I say confidently that Morton plotted this businesse , and that it was his doing , or what hand he had in it , or whether it were nothing else but division amongst themselves . However it were , by this meanes the designes of the new Counsellours were turned to nothing . They had ( the 9. of April ) chosen the Earle of Athole Chancellour , and indicted a Parliament to be held the 10. of July , and had consulted of many Articles to be concluded therein . Upon the newes of this change , they go to Stirlin , but the Castle was kept so close , that they were not suffered to come in , save one at once . There they had some meetings in the Town , and afterward returned to Edinburgh the 8. of May. Morton waa come to Dalkeith a little before ; wherefore they send to him , and desire to conferre with him . He came to Craig-Miller , and there spake with Athole and Argyle , and at last ( after much tossing of businesse ) they agreed so well , that they went with him to Dalkeith to dinner . On the morrow ( the 9. of June ) Morton goes to Stirlin , and was friendly received by the Earle of Marre into the Castle . The rest followed that same day , so that the whole Nobilitie was assembled together the tenth day . By their advice the Counsell was changed , and Morton made Principal and President thereof . The Parliament by Proclamation was transferred to Stirlin , there to be held the twentie fifth day of July , whither the Lords of Parliament were ordained to come with their ordinary train . The other Lords , Athole , Argyle , Montrose , Lindesay , Oglebee , Maxwell , Harris , and the former Councell conveened in Edinburgh , and sent Montrose and Lindsay , to excuse their absence , and to give the reason and cause of it , because ( as they alledged ) the Parliament was not free , being kept within the Castle of Stirlin , and both King , Castle and all in the Earle of Marres power . All this notwithstanding the Parliament held , wherein there were not many things concluded . The chief things were a discharge given to Morton for his government , during the time of his Regencie . An exoneration to the late Earle of Marre ( who had been Regent ) for his keeping of our Soveraigne Lords Person within the Castle of Stirlin . The Lord Hume was also restored from his forfeitrie , by the meanes and procuring of Sir George Hume of Wedderburne , with the consent indeed of Morton ( whom he solicited for that end ) but against his opinion and advice . For he told him freely , that he thought it was not his best course ; for ( sayes he ) you never got any good of that house , & if it were once taken out of the way , you are next , and it may be you will get but small thanks for your paines : Sir George answered , that the Lord Hume was his Chief , and he could not see his house ruined ; if they were unkinde he could not do withall , that would be their own fault ; this he thought himself bound to do , and for his own part , whatsoever their carriage were to him , he would do his duty to them ; if his Chief should turne him out at the fore-doore , he would come in again at the back-doore . Well ( sayes Morton ) if you be so minded , it shall be so , I can do no more but tell you my opinion , and so consented to do it : Yet Sir George had so ordered the matter , that he made no question to have carried it without Mortons consent by the Abbot of Driebrugh and Cambskenneth , to whom he was allied by his wife . Wherefore they are mis-taken that say Morton did all , and that there was nothing done but according to his pleasure ; for hee was but accessary , and concurred ( as one of the chief and prime Noblemen ) but the house of Marre had the main sway at this time . At this Parliament , the wardenrie of the East march was taken from Coldinknowes , and given to Sir George of Wedderburne , and he thought it no robberie to take it , being given him . In August the other Lords ( with whom were Coldinknows and Manderston , Cesford and Fadunside ) assembled their forces , and having set forth a Declaration , that their purpose was to set the King at liberty , they marched from Edinburgh to Fawkirk . Neither was Morton slow in gathering together his friends at Stirlin , with resolution to have tryed the hazard of a battell . The Earle of Angus went out divers times , and skirmished with them , but there was no great hurt done . Onely in a single Combate or Duell ( upon a challenge ) which was sought on horse-back with Lances , one Taite ( a Tividale man that belonged to Cesford ) was slain by James Johnston a follower of Angus , he also being sore wounded . At last they came to an agreement , and lest they should seem to have done nothing , they condescended that the King should be brought to Edinburgh or elsewhere , as they pleased , by the advice of the Nobility , which served little for their purpose ; for there was no time limited ; and when he was brought to the palace of Haly-rood-house ( the 30. of September 1579. a year after ) yet was Marre and Morton the chief men about him , and had greatest credit with him . But before that time it was concluded in Councell that the Lord Aberbrothe and Claude of Pasley his brother should bee pursued as slayers of Lennox and Murray ( late Regents ) which was done accordingly . But they themselves having fled into England , their servants were taken , and some executed , others imprisoned , and their Lords Houses demolished . This motion is thought to have proceeded chiefly from the house of Marre and Logh-leven . Wee hear of no new occasion given by them , for they remained neutrals , and did not side with either partie at this time . Mortons part was , that he remained a spectator , and was contented that mens minds should be taken up with some other thing , and not have leasure to think of him , and his late greatnesse , and that their furie should be powred forth on somewhat else . While they remained yet at Stirlin , the Earle of Athole died suddenly , which was matter of much talk , and gave occasion to Mortons enemies to lay that foule aspersion upon him , that he had poysoned him . For all the Doctours did affirme that he was poysoned , save onely Doctour Preston , who said it was no poyson ; but being desired to taste of it , and having onely touched a little thereof with the tip of his tongue , it had almost cost him his life , and he did never after fully recover , but languished and was sickly so long as he lived . Wherefore seeing it was certainly poyson , Who could give it him ( said they ) but Morton ? And yet they could never tell how he could doe it . For hee was not in Mortons lodging , nor Morton in his , as they knew , and doe themselves confesse . Neither were any that belonged to Morton in his house , and though they had beene , they were neither Cooks , nor Cup-bearers , nor Carvers to him . So blinde is malice , or so malicious are impudent detractours . Morton cleared himselfe of this imputation at his death . And yet there are some to this day , that are not ashamed to report it . In the next yeare 1579. in June , upon the Kings longing to be abroad , it was concluded in Councell that he should go to Edinburgh the 25. of September next , but he came not till the 30. day thereof . Morton and Marre were still with him as his chief Counsellours . They invited him to Dalkeith , where hee remained a certain space , and returned to the Abbey of Haly-rood-house the 16. of October : The day following hee made his entry through the City of Edinburgh with great solemnity and pompe ; with great concourse and applause of people , rejoycing to see him whom they loved heartily and dearly , as they testified by their acclamations and prayers , powred forth for his safety and welfare . After this ( on the 20. of October ) he kept a Parliament , extant in the printed Acts. Hitherto wee have seene our Earle of Morton , though not an absolute Favourite of fortune , yet so cherished by her , that howbeit shee did now and then frown on him , yet shee seemed rather to try his strength whether or not he were able to endure a storme , and ride it out with resolution , than that she meant to over-whelme him in her waves ; for the issue did ever prove advantagious to him , and he became rather a gainer than a loser by his sufferings . But now having raised him to the highest dignitie and pitch of greatnesse that a subject was capable of , according to her accustomed levitie , all of a sudden turning down that was up of her wheele , she brings him so low as to lose life and estate . There is nothing more deserves our observation , than these vicissitudes of great places , to see men of low made high , and than again falling from their height and greatnesse to become low , which is to be seen in this last Act and Catastrophe of his Tragedie , so notably as is rare to be found elsewhere . Who could and would truly discover the depth of the mysteries of these times , and tell exactly who were the chief p●…otters and first movers of this work , and who were the instruments and executers thereof , as he should do a piece of good service for clearing of the truth of things to posterity , & the ages to come , so do I confesse for my own part , that it is too hard a task for my self to performe , and more than I will undertake or promise to do . All that I can do is to set down the actions which are evident in grosse , and to follow such conjecturall probabilitie in the narration as my weak judgement can lead me to . We have heard how the King & Queens factions did long contend , and how Morton had ever been on the Kings side , and how in his Regencie he had so handled businesse , that they that stood for the Queen had yeelded and acknowledged the King and him as Regent . The keeping of the Castle of Edinburgh was the last Act of opposition , and with the yeelding of it , all was whisht . Lithington and Grange were taken out of the way , who were the strongest or the stoutest upholders thereof . Yet the Society was not quite broken or extinguished with them . Master John Metellane ( sometime Priour of Coldingame , and brother to Lithington ) Sir Robert Melvin ( uncle to Grange ) Pittadraw , the Bishop of Dunkell , and some others remained . These he had committed to prison for a short while ; afterward had pardoned them , and set them at liberty . They kept still their old minde , entertained mutuall friendship and correspondence , and wanted onely occasion to shew the effects of their former disposition : Especially Master John Metellane , and Sir Robert Melvin bore great hatred to Morton ; the one for putting his Nephew Grange to death , the other because he supposed Morton would have done as much to his brother , if he ( fearing so much ) had not prevented it by poysoning himself , as the common rumour was . Besides these private grudges , the publick cause did also egge them on and animate them against him ; which they never forgot , and looked upon him as the man who had beene the bane thereof . Yet they set it on foot again , by commending of it openly , and advancing it ( all they could ) secretly and indirectly ; using all the means they could to make all things work for the Queenes advantage . She had her Agents and Ambassadours in France , together with her Uncles ( of Guise ) and wanted not her under-hand Favourers in England , that still had their eye upon her ( as upon the rising Sunne ) whom they esteemed the hope of their Religion . Their suite now was ( who would not think it so ? ) both plausible and modest ; to joyn the mother and the sonne in an equality of government , being so near joyned in nature . It could not but be for the good of the Countrey , and make much to confirme and strengthen their title to England . Thus they said ; but how can this bee done ? He is in possession of the Crown , how can it be taken from him again ? How can he be desired to dimit ? And though he would demit , yet those of his party will never be contented that he should doe it . On the other side , Shee is living and dis-possessed ; but who that hath ever worne a Crowne , can live and bee content to want it ? What other mids then , and meane can bee found out , but association in the Crowne ? So shall both have it , and both be satisfied , a happy society , from which will flow the sonnes love , and the mothers blessing . All shall so goe well , and it will bee easie to perswade a childe ( though never so wise ) being unacquainted with such things , especially one that is so gentle , and of so towardly disposition : onely the difficulty will bee to move his old friends thereto ; they will never consent to it ; they will bee jealous and fearefull of any party or equalitie in ruling , though of never so neare and deare friends : they will choke us with that old saying , Nulla fides Regni sociis , &c. They will thinke it a diminution to the Kings authoritie , which ought not to bee admitted either in effect , or in appearance . The grounds of his Title will seeme to bee brangled and overthrowne ; also his estate will bee made thereby more unsure , and doubtfull : The match ( though with a mother ) will bee too hard for him ; shee is elder , and so wiser , and more experienced , and may soon steppe up from this equalitie to a Superioritie , by questioning her former dimission , by revoking and recalling of it , as being done in prison , and so not free , nor voluntary . Thus shall the King bee thrust out of his place , the Countrey , his old friends , Religion , and all quite undone . Morton was too old a Cat , to draw such a straw before him , or to propound any thing tending that way : wherefore their best was to make him away , that so the plot might goe on . And much more good effect would come of that one stroke : Hee was rich , hee had faire lands and houses , a faire reward of all their pains and travell . And no question , his friends that should take his part , might bee involved , and insnared with him : Especially the Earle of Angus could hardly in this case of his Uncle , so behave himselfe , but occasion might bee found against him , which would bee a faire bootie . The facilitie of compassing a businesse doth often draw men on , and doth greatly prevail in all consultations . The new factions against him were very strong , yet hee kept them downe , but it was meeerly by the Kings countenance ; if that were once taken away from him , the rest would prove but easie . And now to facilitate all , there fell out such occasions , as they could have wished , or as they had made . For in September , in the yeare one thousand five hundreth seventy and nine , Mounsieur d' Obignie was come ( or brought ) home : his name , his kindred , his carriage , his commission from friends in France , his comelinesse , his observance , his person did procure him credit with the King ; and this faction did privately insinuate with him , and openly thrust him forward into the Kings favour ; and put him out of conceit of Morton ; and indeed quite alienated him from him , and so by him the King , whose eare hee now had ; for Morton being such an adversary to the Queene , and so to France , Obignie to doe the Queene , and to doe France service , to pleasure the holy League ( himselfe being a Papist ) and to gaine the good will of this faction by whom hee was to rise to some great place about the King , was easily induced to promove their plotte and malice against him . Neither was there great difficultie in it : hee had lost many friends , offended all sorts of men ; the Burrowes , the Ministerie , and who so doth zealously affect them , so farre as that if they were not his enemies , they were but cold friends , and such as would bee but spectatours , and no wayes actours for him . There fell out also ( about this time ) in October ( 1580. ) an accident , which did him much hurt , and made for their purpose . The Lord Ruthven having beene in Kincarn ( a house of the Earle of Montrose ) at the marriage of the Earle of Marre , as he returned to Perth , his way lying neare to Diplin ( which belonged to the Lord Olyphant ) and there being enmitie , and deadly fewd betwixt Olyphant and Ruthven : Ruthven not withstanding , rode that way in view of Diplin . Olyphant tooke this as done in contempt of him , and therefore issuing forth with some horsemen , and some fire locks , followed them , and came upon them so unexpectedly , and with such advantage of weapons , that Ruthvens men fled presently , and their Lord was forced to doe the like . Onely one Alexander Stuart ( of the house of Traquaire , and a Kinsman of Ruthvens ) stayed behind the rest , partly to keep off the pursuers , partly to speake with Olyphant in fair termes , and was slain by a shot , from one that knew him not , sore against Oliphants minde , and to his great griefe and discontentment . The Lord Ruthven , seeking by order of law to repair his credit , and to be revenged for the killing of his friend , causes summon Oliphant to answer criminally before the Justice Generall . This Oliphant had married Margaret Douglas , daughter to William Douglas of Logh-leven , and now being pursued upon his life , was assisted by his father in law . The Earle of Morton would gladly have agreed the parties , but the fact being recent , and the Lord Ruthven ( together with the friends of the Gentleman that was slain ) having received such an affront and indignity , there was no possibility to take it away , save by law . Wherefore Morton joyned with the party that was pursued for his life , which hath ever beene accounted most Noble , most tolerable , and free from exception or quarrelling . Besides , Oliphant had not commanded his servant to shoote , neither did hee allow or approve ( but was sory for it ) in his heart ; but hee thought hee could not with his honour deliver one who followed him , and had done this rash fact , in and for his service , but was bound to defend him all hee could , and protect him from all danger , and harme , according to his power . Notwithstanding , of this , Ruthven was mightily displeased with Morton , for countenancing , and assisting Olyphant against him , and Master John Metellane , and Sir Robert Melvine ( who tooke part with Ruthven ) laid hold of the occasion , and blew the bellowes so , that they brought him to that point of unkindenesse , that hee could very well have beene contented to see Morton reduced to such an estate and condition , as that hee might neede his helpe , and bee sensible of the losse of so steadable and usefull a friend , as hee tooke himselfe to be . Wherefore , when hee understood that his enemies were plotting against him ( either for that he knew not that they aimed at no lesse then his death and finall overthrow , or if hee did know so much , because hee thought hee could give them a stop when hee pleased , and hinder them from attaining that point of their aime ) hee suffered the course to goe on , and perhaps helped it forward . The name of Stuart were also offended with him for assisting one who was accused of the killing a Stuart , and all this was aggreaged and aggravated by those of his opposite faction . Besides this , hee had shewed that hee was not well pleased with the Courtship and favour which Mounsieur D'Obignie had with the King ; because there was a generall suspition and feare , that hee was imployed , and would labour to corrupt and pervert him in his Religion . There was with Obignie , one Monbirneau ( who was thought to have been an actor and executioner of the Massacre in France ) extreamely dissolute in his conversation , and therefore much hated , feared and abhorred of all men , which did reflect upon Obignie for his entertaining , and familiarity with him . The Ministers spake and preached openly and plainly against them both , and the English Embassadour ( Sir William Bowes ) desired Monbirneau to be removed off the Counsell as such an one , and when it was refused , he likewise refused to deliver his message , or to shew his Commission , for so he had been commanded by the Queen and State of England . Morton withdrew himselfe as discontented , and retired to Dalkeith , either for dislike of the present estate of things , or out of feare and doubte of some danger , or inconvenient , or for both ; neither did hee come to Court or Counsell , but when hee was sent for by the King. This disliking of their wayes , made them to dislike the more of him , and his feare caused them to feare him more also : dislike and feare increased their hatred , and hastned their resolution to overthrow him . The way was laid , which was to charge him with the murther of the late King , the accuser ( either made choice of by them , or who did willingly offer himselfe ) was James Stuart ( sonne to the Lord Ochletree ) a bold , venturous and aspiring young man. And so the last of December he was sent for , and being set in Counsell , he was accused by James to his face . The crime was , of being airt and pairt of the murther of the late King Henry . Being greatly moved herewith , he arose from the table , and purged himselfe with great vehemency , as innocent thereof : and offered to abide a legall triall , not onely of his Peeres , but of any Gentlemen whatsoever , though he himselfe were an Earle , and had been Regent . Hereupon hee was confined to his lodging , where he abode all the next day , which was the first of January , and the Sabbath day . So much leasure he had to bethinke himselfe of his case , and what were best for him to doe : he might have seen that it was a quarrell pickt against him of malice , seeing the crime laid to his charge was so hainous , as none but his mortall enemies would have broched , and such as sought his utter ruine . And hee might know that innocency is not alwayes a sure warrant and defence against such : and that it was dangerous to fall into their hands . On the other side , to avoid and shun a triall were halfe a confession of the crime , and would make him seem guilty ; nay it would make him truely guilty of contempt , disobedience and rebellion , which might ( perhaps ) bee the thing they sought ; through feare to drive him to some rebellious act , and so to involve him in a true crime while he sought to eschew a fals accusation ; his friends & followers advised him to take the first way , but he himselfe resolved on the second : for he supposed that they could not convict him by law , and that they would not proceed against him without law , having ( as he thought ) friends that would not suffer it , especially the Earle of Angus , being at liberty , and out of their power . But he had forgotten the old maxim of his predecessors , That it was better to heare the Larke sing , then the Mouse peep ; and their Proverb , Loose and living . On the second of January , hee had a warrant sent to him to enter himselfe prisoner in the Castle of Edinburgh , which he obeyed immediately . As hee went up the street , accompanied onely with his owne domesticks , James Stuart ( his accuser ) was coming downe , and as he passed by , hee said to him ( in an insolent and insulting manner ) fare well my Lord , goe on . His servants would fain have made an end of the accuser , if not of the accusation , but he would not suffer them by any meanes , but held on his way toward the Castle ( without replying any thing ) and so entred there a prisoner . This obedience of his is liable to bee diversly thought of by diverse , and is diversely censured by men ( according to that saying ) Laudatur ab his , culpatur ab illis , it is commended by some , and discommended by others . They blame his wisedome , that he should have trusted , and relied so much upon his innocency , as to have put his life into the hands of his enemies , who used the colour and shadow of the Kings authority , for their owne private ends , and to fulfill their owne malice , and revenge . Others commend him , that being innocent , he obeyed the King , and submitted himselfe to the lawes . The event gave judgement for the first , and all men since are of the former opinion ; yet it may be he did not rely meerly on his innocency ; and that he looked not to have had such a number of enemies , having never deserved such hatred of any ; and that he thought the Nobility would never give way to such extremity , which was an ill precedent and preparative against themselves . But however , God had his worke to bring to passe , and meant to humble him this way ; and therefore his wisedome ( which appeared at other times ) did now fail him , so that hee was confounded in his discourse and reason . There can nothing else bee said or alledged for this grosse errour in so wise a man. This is the first evident step of his falling . They might now doe with him what they pleased , and yet scarce all that they pleased , with safety and security . His Nephew the Earle of Angus was at liberty , and remained at Dalkeith , who being sent for to come to Court , refused to come ; yea , though he were charged under pain of treason by a Herauld to come to the King , yet he would not obey , but was declared rebell . Also Mortons keeper Alexander Ereskene ( master of Marre ) being an honest and kinde hearted Noble man , they could not use any violence toward him , so long as he was in his custody . Therefore they thought it best to send him to Dumbarton : and that they might doe it the more safely , they set forth Proclamations , discharging all men that had any relation to him , or that they suspected to favour him , to come within foure miles of any place where the King was , or should happen to be . So in the 17. or 18. of January , he was brought forth of the Castle of Edinburgh to be carried to Dumbarton . There it did appeare , how the change of mens fortune doth change the minds and affections of people toward them . When Morton dimitted his office and authority of Regent , none of the Citizens would take norice of him , or looke toward him : Now that hee suffers for a good cause ( as they esteemed it , to wit , opposing Obignie , and his courses ) they flock to him , and accompany him out of the town in such numbers and multitude , that his keepers were afraid of them . And that the rather , because some of his well-wishers had ( some nights before ) called the Captain of the Castle , and desired him not to deliver him , or to let him come out ; and had threatned , that if hee should deliver him , it should be remembred as an act of hostilitie , and hee reputed and used as an enemy . They that were his convoy were commanded , if any should come to rescue him from them , that they should kill him rather then suffer him to escape . The Queen of England by her Embassadour , Master Randolfe , interceeded for him , and told the King and Councell , that she understood that hee was a true and good Subject , a worthy Noble man , and free of that he was accused of . Shee desired that he might be tried by an assise ( or jury ) and that his enemy ( knowne to be so ) Mounsier d' Obignic ( now made Earle of Lennox ) who was also an enemy to the reformed Religion ( as being a Papist ) might bee removed off the Counsell . It was answered , that the King was not so farre bound to any forraign Prince , as to change his Counsellers at their request , or to trie his Subjects but where and when he pleased . The Embassadour discontent with this answer , gives up all bond of friendship , and having denounced warre , returned into his owne Countrey the 27. of March , 1581. Hereupon a taxation was imposed , and a company levied of 1000. foot , and some horsemen , to be a Guard for the Kings person . James Stuart ( the accuser ) was preferred to be a privie Counseller , is made Baron of Bothwell-haugh ( say the notes ) Lord Hamiltoun , Earle of Arrain , and Captain of the Guard ; with most ample Commission to apprehend whomsoever he suspected , and to banish and punish at his pleasure ; especially any that favoured the Earle of Morton , of whatsoever degree , ranke or quality . But the English intended rather to threaten then to make war indeed ; and they knowing that well enough , went on with their intended projects against Morton . He being still kept prisoner in Dumbarton , learned a lesson there , which he had not well learned till then . Let the prophane be silent , and let mockers leave off their mocking , and let all mortall men know that there is a happinesse which consists not in honour or riches ; that there is a God who disposeth of all things , who is All-sufficient , and who is able alone to satisfie and content the mind : few there are that know , or consider it , but when they are brought to such a point ; and happy is he that can doe it then . He had heard of it before , and beleeved it , but had not taken it so fully to heart , nor felt it by experience . Now he sees , now he feels and findes it really , and experimentally . He contemns the world , and his riches are vile in his eyes , his glory vanity , and all his delights madnesse . He findes that one thing is necessary , and is all that is of man , which is , to reverence God. Hee sees his over-sight , in that he had been so slacke and carelesse thereof before : now he goes about it as he can , and labours to amend his fault ; hee reads the Scriptures , and meditates on them ; he makes his use , and findes comfort therein : he sees his sinfulnesse , and repents him thereof ; sees Gods mercifulnesse , and layes hold on it . He acknowledges himselfe to have been miserable when he seemed to swim in happinesse , and that now hee was truly happy when he seemed overcharged with miserie , in respect that God had given him leasure to meditate and thinke of his end , and time and grace to repent , while being sequestrate from all worldly affaires , and restrained by his imprisonment , his minde had full scope and libertie to raise it selfe to those better and higher thoughts of the life to come , and of eternity : wherein he found such contentment and resolution , that now death was no more death to him , nor terrible , and that all the horrour thereof was swallowed up with the hope of those eternall joyes and pleasures which last for evermore . Thus being prepared for that last act , he was sent for to give proofe how well he could practise and make use of this lesson . For on the 24. of May the Earles of Arran and Montrose , with some companies of horse and foot , brought him from Dumbartan to Edinburgh the 27. to Robert Gourleyes lodging , which was one of the strongest in the Citie . Before they tooke their journey ( on the 22. day ) proclamation was made , commanding all that favoured him ( in generall ) to depart out of the towne , and not to come within ten miles of the King and his Court ; and particularly some 52. Citizens by name were expressed , and strictly charged to goe forth of the Citie . After foure dayes respite ( the first of June ) he was called to the Tolbooth , and there empannelled , and convicted by a Jurie , and found guilty of the late Kings murther . The sentence was given out by the Earle of Montrose , who was Chancellour of the Assise , and it is said to have beene pronounced in these termes ; The Jurie ( or Assise ) doth finde him guilty of being airt and part of concealing the murther of our Soveraigne ( King James his father ) the late King Henry . When Morton heard it , he repeated these words twice over , Airt and pairt , airt and pairt , and without speaking farther , he held his peace . It is reported that the Jurie did finde him onely guilty of concealing the murther , and that Arran and Montrose , thinking that to be onely guilty of concealing was not sufficient matter of condemning him , did foist in these words ( airt and pairt ) to give it the greater sound , and to make it be thought and understood , as if he had beene found to be airt and pairt ( that is , deviser , contriver , plotter , and partaker or accessary ) to the Kings murther , whereas he was onely found to have concealed it . This made one that heard it , and perceived the sophistry thereof , to say , that they had stollen his head from his shoulders by sophistry . His known enemies ( the Lord Seaton and Wauchton ) were of his jurie , yet it is thought they did him no wrong in their verdicts . But however , it shewed partiall dealing , in that they would not suffer them to be set aside when he excepted against them as knowne enemies . Being asked at his death what he thought of the judgement ; he answered soberly , that he would leave them to God and their owne conscience : but he perceived that whether he had beene guilty or guiltlesse , as Stephen , or Judas , all had beene one , his death had beene concluded before ; for his lawfull and legall exceptions were not admitted , his enemies were on his Jurie , ( naming the two former ) and such as were partiall , and not indifferent , who had given partiall counsell against him , by name the Earle of Argyle . He added also that it was not his death alone that would content them , and that they would not stay there , others should be put to it as well as hee , he was but made a precedent , and preparative to make way for the rest : the cause was the maine thing they aimed at . However it were , whether the sentence were thus involved and wrested , or if it were plaine and cleare ; whether it were indeed so given out by the Jury , or if it were thus patched out by Arran and Montrose , he was conveyed backe againe to his lodging as a condemned man. There he carried himselfe after his wonted manner , his countenance was no wayes cast downe , or changed , he supped cheerfully , and slept soundly , without any apperance or shew of feare , or solicitousnesse . About three of the clocke in the morning hee arose and wrote letters ( for the space of three houres ) with his owne hand to the King , and afterward laid him downe againe and slept till nine . These † Letters were sent by the Ministers who came to visit him , but Arran and Lennox would not suffer them to be received . When he was up , Master Walter Balcanquell , and John Durie ( two of the Ministers of Edinburgh ) came to him , and had long conference with him , which is set downe at length in the Historie of Scotland , written by Francis Boteville , called Thin , an Englishman , and joyned to Hollinsheds Chronicle , so that he who desires to know it , may reade it there . The summe of it is his confession concerning such things as they questioned him of , 1. And first concerning the murthering of the King , he said he was neither airt nor pairt thereof , and that being prest by the Earle Bothwell , he would never consent to it . And although ( say the notes ) Bothwell alledged that the Queene had determined it , and divers Noblemen had given their consent under their hand-writing , and had sent to him to desire him to put to his hand also ; yet he answered resolutely , that he would in no wise meddle in it , nor be guilty of innocent bloud . As for the Queen ( said he ) though it be so , yet women will say and gain-say , she may in her anger doe or say that which afterward she will repent her of . Nay , when Bothwell promised to bring her consent thereto under her hand-writing , yet he refused to joyne with him upon any termes ; and to avoyd his importunitie , he passed over to Saint Andrewes to visit the Earle of Angus , who was then a Student in the New colledge there ; neither did he see or meet with Bothwell after that , untill such time as the fact was committed . 2. As for poysoning the Earle of Athole at Stirling , he said he was neither author of it ( if he were poysoned ) nor any wise accessary or conscious to it ; that he detested and abhorred all such formes of dealing even with enemies , and was sorry to think that so base , foule , and wicked practice should creep into this Countrey , which was already guilty of too many , too common other sins of its owne : he said also that he was not such an enemy to Athole , as that he would have done him any hurt , though he had found him lying asleep by the way side . 3. Touching the Earle of Lennox , he said , he never wished him any hurt , so farre was he from conspiring against him . Onely it grieved him that he knew the estate of this Countrey no better , and that he saw not what danger the King was in , and that he was induced by perswasion to bring home such as were enemies to the true Religion , which he purposed to have let him understand , and hoped to have advised him better , when they had beene better acquainted , and more intimately familiar . 4. And as for carrying the King to England , he said , he would not have done it for a world , unlesse it had beene to have made him King of England : that there was never such a motion made to him directly nor indirectly by the Queene , or any other in England or Scotland : that he never had any pension of her . 5. As touching his setting up and maintaining the estate of Bishops ( whereof there had ensued great debate and contention betwixt him and the Ministery ) he said , it did not proceed of any ill minde , of any malice , or contempt of them , or their callings , but meerly out of want of better knowledge , thinking that form of government to be most conforme to the rules of policie , and to be fittest for the times . That if he had then knowne better , he would have done otherwise , and that he had intention ( if he had lived ) to have made amends . 6. Concerning his incontinencie , and worldly mindednesse , he freely acknowledged and confessed it , seriously repented , and craved God pardon for it , and said , he firmely beleeved to obtaine it : that he saw mercy , and had found more grace during the time of his trouble , then ever hee had done all his life before . 7. For his detaining of some Citizens of Edinburgh in prison , he said , he had not done it out of any spleene , or private quarrell against the men ; but the matter of bringing in Bullion being then in hand , and he being informed that these men did hinder it , he thought it his best course to commit them till such time as the businesse were done : Wherein , if he had wronged them , he was sorrie , and craved them pardon , & forgivenes . His counsell to the Earle of Angus ( his Nephew ) was doubtfull : for he said he durst not advise him in any particular for the present , because he thought it would endanger his life if he should come to Court ; and not to come ( if he were commanded ) would hazard his estate . His best were to use what meanes he could to obtaine the Kings favour and leave , that ( life and lands safe ) he might serve God , and him , in a private retired manner , which he would wish him to doe in all humility , and to submit himselfe and all to the Kings will and pleasure . To the King ( his master ) with all submission ; yet in the name and fear of God , he would exhort him to beware of Papists , either profest , known or suspected , who ( as he thought ) were become too too familiar with him : that he would continue in the true Religion , and fear of God , & entertain in his company such as loved it , according as he had bin bred and brought up , & not to make defection from it , or slide back , else it could not be well with him : he feared there was danger , which men should see when he was gone . He remembred the admonition which master Knox gave him when he came to visit him on his death bed ( or a little before ) being newly made Regent : God hath ( said Knox ) blessed you with many blessings , he hath given you wisedome , riches and friends , and now he hath preferred you to the government of this Countrey ; use these things well , and better than hitherto you have done ; alwayes to his glory who hath given them you : first by advancing the Gospel , and maintenance of the Ministers , and the whole Church ; next , by procuring the good and welfare of the King , the Countrey , and all good subjects ; which if you do not , God shall rob you of them with shame and ignominie . This he spake ( said he ) and this I finde now , yet I doubt not , but God will be mercifull unto me . He was much with them in prayer , and very earnest to have their aid & assistance therein ; whereof he acknowledged that he received great comfort . He reasoned of the natural fear of death , which sticks and remains in men , even though they have assurance of the forgivenesse of their sins ; wherein hee declared his own sense , and the collections he had made in his reading , since his going to Dumbartan . He said , that in the History of the Bible , he had observed Gods wonderfull mercy toward the children of Israel ; who when they sinned against him , he chastised them ; when they repented , he forgave them ; and though they sinned again , and were corrected again , yet when they cryed to him again , he forgave them again , he hoped so of himself , that God would forgive him also . He shewed them a Book he had about him , which had been sent to him by the Lady Ormeston , when hee was first committed , which he had read , and made good use of it : it was M. Bradfords Meditation of Death ; hee caused M. Balcanquell to read a passage or two of it , ( which he had chiefly noted ) and as he read , Morton discoursed thereof to his own comfort , and their great satisfaction and contentment . He professed , that now he heard with other eares , and read with another minde and sense than he had done in former times . This Book he sent back to the Lady by Master James Lowson , with many thanks , acknowledging he had been bettered by it . When break-fast was brought in , he desired them to take part with him , & spake very chearfully to them , telling them what a difference there was betwixt a man troubled with cares , and him that is resolved and free from them . The last night ( said he ) before I came to my triall , I could not sleep nor take rest for thinking how to make my defences ; but all this night I sleeped very sound , having nothing to trouble me , but to make my peace with God. After noon , M. James Lowson , M. John Davison , and divers others of the Ministerie came to him . There he embraced M. John Davison , and said to him , You wrote a Book , for which I was angry with you , but I never meant any ill to you , forgive me M. Davison was so moved here with , that he could not refrain from weeping . Then he repeated again before them the same things which we have set down before . The Ministery hearing that the King was otherwayes informed of his Confession , than was true , sent John Durie , David Ferguson , and John Brand to his Majesty , who informed him rightly , and related things as they were . They being returned , his Keeper ( William Stuart , as I take it , brother to Arran ) required him to come forth to go to the place of execution : To whom he said , They have troubled mee much to day with worldly businesse , wherefore I supposed they would have given me this nights leisure to have thought of things which concerne my soul : But his Keeper replied , I think they will delay no longer , for all things are ready . If it be so ( said Morton ) so am I too , I thank my God. And so ( after a prayer made by one of the Ministers ) he went down the stairs without any farther stay . The Earle of Arran met him by the way , and brought him back to the chamber again , willing him to stay till his Confession were set down in writing , that hee might signe it with his own hand . But he , and the Ministers that were present with him , entreated that he might not be any more troubled with that matter , seeing they had all heard it sufficiently . Then Arran desired that he would forgive him for what he had done , seeing he had no particular against him . He answered , that it was not time to remember quarrels ; he forgave him and all others , as he desired they would forgive him . So he went to the Scaffold very resolutely , and repeated the same things in audience of the people , which he had spoken before in private . He added moreover : The King ( sayes he ) shall this day lose a good servant , who dieth professing the Gospell taught now in Scotland : and though I have not walked worthy of that profession ( as by the grace of God I should have done , if I had lived longer , to the hazarding of my Life , Lands and all ) yet am I perswaded of Gods mercie in Jesus Christ. And here I charge you all to continue therein , and to maintaine the same to the uttermost of your power , and God shall blesse you , otberwayes you shall not escape his punishment . Then while the prayer was conceived by Master James Lowson , he fell down all along flat on his face : during which he uttered great signes of being mightily moved , which he expressed in his sighes and groanes , which many of the beholders saw evidently did not proceed from fear , but from the spirit of grace working powerfully in his heart . Prayer being ended , he stood up , and his friends came to take their leave of him , and after he had bidden them farewell , he saluted the Ministers , and took them all severally by the hand , and bade them farewell in the Lord. After all was done , he went without fear or dismayednesse , and laid his neck upon the block , crying continually that happie song , Lord Jesus receive my spirit , till the axe ( of the Maiden , which he himself had caused make after the patterne which he had seen in Halifax in Yorkshire ) falling upon his neck , put an end to his life , and that note together . His body was carried to the Tolbooth , and buried secretly in the night in the Gray-friers , his head was affixed on the Gate of the City . Thus he died the 2. of June 1581. proudly ( said his enemies ) and Romane-like as he had lived : constantly , patiently , humbly and Christian-like , said the Pastors , who were beholders , and eare and eye-witnesses of all he said and did . These outward motions being so like to other , are hardly discerned but by a skilfull and unpartiall eye . Wherefore the judgement and testimony of the Pastors deserves best credit ; they being best able to distinguish nature from grace , and being freest from prejudice and partiality . His enemies censure may justly bee suspected as coming from that same disposition which moved them to plot and work his death . And certainly if we observe and consider his whole carriage and discourse , during the time of his imprisonment , and at the very point of his execution , he must be voide of all charity that doth not judge the best of his confession , profession , and Christian disposition . So that it seems to be more than humane hatred and enmity , to be thus affected toward an enemie after his death , to kill him again by an uncharitable construction of his devotions , and piety towards his God. Livor post fata quiescit . Envie ceaseth after death , and so let it do toward him . If a man would see a pattern of one , exercised in all the changes & vicissitudes of fortune , who had gone through & tried all the estates and conditions of humane life ; let him cast his eye and look upon our Earl of Morton , in his child-hood , in his riper years & manly estate , and in his old age , in peace and in warre , in private and publick employments . In every thing he took in hand , in every estate and condition , he acquit himself with credit , honour , and even admiration . When he was a serving-man , he was industrious , carefull and faithfull ; when he came to an estate , and was a Nobleman , he behaved himself as if he had been bred such from his infancie . In Court , he acted the Courtier , in Councell , a States-man , abroad in England , being sent thither Ambassadour , he approved himself to both Nations , and gained great reputation of sufficiencie . While he enjoyed the favour of his Princesse , he was not puffed up ; and being in disgrace and banished , he was not casten down . He was a faithfull Colleague and fellow-governour with others ; and when he came to be sole and supream , this Countrey never enjoyed greater peace , and a more flourishing Regencie . Being returned to the condition of a private Nobleman , he obeyed as well as before he had commanded . And last of all , when he was accused , condemned and executed , he shewed himself to be himself , and a good Christian. He was well skilled , as in politick government , so in oeconomie , from the shrub to the scepter , from planting of Cabbage in his Garden , to the weelding of the Sword and Scepter in the seat of Justice . The smallest and meanest points of husbandry did not escape him , and the highest and deepest points of State were not above his reach . So that the saying of the Hystorian concerning Cato Major ( In hoc viro tanta vis animi ingeniique fuit , ut quocunque loco natus esset , fortunam sibi ipse facturus fuissevideretur ) Is no lesse true , and mayas wel be applyed to Morton . And that also which followes ; Nulla ars neque privatae , neque publicae rei gerendae ei defuit , urbanas , rusticasque , res pariter callebat . Hee was slow of speech by a naturall stayednesse and composed gravity . He was of a middle stature , rather square than tall , having the hair of his head and beard of a yellowish flaxen . His face was full and large ; his countenance majesticall , grave and Princely ; he was affable and courteous to all , yet so as to keep bold encroachers aloofe , and so familiar as not to forget to keep his distance . He was given to gather riches , yet without oppression or fordidnesse and basenesse : For hee was liberall upon occasion , and not unkinde or unmindefull of his friends . Of which disposition I remember this instance ; when John Halden ( of Gleneagles ) with his friends of the house of Marre ( especially the Abbot of Driebrugh ) came to him to agree with him for his wardship ( hee being Regent ) told them that hee had bestowed it on Isabel Hume daughter to Sir David , and sister to Sir George Hume of Wedderburne , and that hee might take her and it together , which hee did accordingly . This came meerely of himself having never been spoken to , and when there was none that belonged to the Gentlewoman near him , to motion or suggest it to him . He was also calme and not easily moved to anger , and apt to forgive and forget injuries or contentions , that had been betwixt him and any other . This appeared in his carriage toward Master Knox , who had used him roughly , and rebuked him sharply for divers things , but especially for his labouring to set up and maintaine the estate of Bishops . For howsoever he took it hardly for the time , yet when Master Knox lay a dying , he went and visited him , and after he was dead , was present at his buriall ; where hee gave him this honourable and ingenuous testimonie ; Here lyest thou ( said he ) who wert never afraid of the face of man in delivering thy message from GOD. Hee set a foot a great good work , and would ( no question ) have seen it perfected , if hee had brooked his Regencie a while longer , which was the reducing of our Lawes into a more easie forme and method , than now they are . The care of this was committed to , and the task laid upon Sir James Balfoure , and Master John Skeene Clerk-Register , and Master of the Rols . The work ( as I am informed ) was well advanced , but when he quit his authority , they left off any further proceeding in it . And I have heard since some question it , whether or not it would have done good to the subjects , as if it were to be doubted whether it were better to have some order than none at all . So apt are men to calumniate any thing that hinders their particular emolument , or limites their unwarrantable power , and curbs them from doing what they list . Hee kept a Concubine or two , because of his Ladies being distracted and frantick , and was even too much set to heap up treasure . Yet his care was , that his enemies should not be enriched by it ; and his luck was answerable to his care . For those on whom he would have bestowed them ( if hee had had power and opportunitie to distribute them according to his minde ) by good fortune lighted on it ; I know not if they got all of it , or if it were divided according to that proportion , which he perhaps would have observed . James Richison of Smeeton ( his brother-in-law ) got a share of them , having been trusted with the keeping thereof ; Jannet Sharpe his Lemmon another share , James Douglas of Spot got some part thereof ; and some very small portion ( as is thought in respect of the whole summe ) came to the hands of Archbald Earle of Angus , after his returne from his first banishment . A notable example of the uncertainty of these corruptible riches , and of worldly treasure , which cannot be preserved from the digging through of the thief , the eating and consuming of the moth or canker-worme , or she dispersing and scattering of an unfaithfull hand and heart . Though he imployed himself much about it , and thought it a great point of wisedome thus to store up wealth ; yet at his death hee saw and confessed it to be but vanity and folly . If wee admit Morton to be a judge or witnesse ( and what better either judge or witnesse can we finde ? ) he will decide the question betwixt the two ( both self-pleasing ) parties , which do challenge ( each to himself , and derogates from the other ) that high honour and title of wisedome ; I mean betwixt him that seeks after , and labours for worldly honour , dignity and riches : and him that having his minde raised higher and pitched upon better things , slights these earthly things as trash , not worthy of his thoughts or care . The worldling cals , and thinks him a foole , and he esteems no better of the worldling ; and each laughs the other to scorne . Who then shall be judge or witnesse ? Seeing all are parties ; and there is no man but is either of the one side or of the other . Certainly , we may judge best by the confession of the parties themselves . Of which the last never yeelded , never gaine-said or be-lyed their assertion ; while they live they avouch it , and at their death they do confirme it much more . Though Chrysippus tormenter do torture them , though the world ( for the want of it ) do afflict them with contempt and despising , still they stand fast , and stick to their point unshaken and unmoved . The worldlings , by the contrary , sometimes while they flourish in prosperity , ever when they are in adversity : Sometimes while they live and are in health , ever when they lye in dying , confesse against themselves , and cals all their labour and pains about it folly and vanity . So did Morton amongst others , which the wise will lay to heart , and make their use of it . Jacobus Duglassius , Mortonius Comes , Prorex pr●… JACOBO Sexto , Edinburgi securi percussus Anno 1581. Hunc specta Heroem , celso cui spirat ab ore Majestas , toto & pectore rarus honos . Augustos inter terrarum lumina , reges Pro Rege , & Domino , regia sceptra tulit . Consilium , imperium , virtus , facundia , census , Quaeque homines capiunt , quaeque dedêre dii , Unus cuncta fuit . Nihil ad fastigia summa Defuit , aeternum si sua fata darent . Sed viden ' ut subito fatorum turbine versa Omnia , & in praeceps pondere pressasuo ? Discite mortales mortalia temnere , & illa Quaerere , quae miseris non rapit aura levis . Joh. Johnstonus in Heroibus . James Douglas Earle of Morton , Regent , beheaded at Edinburgh , 1581. Behold this Heros how his looks be grac't With Majestie , what honour 's in his breast ! How high his port may to the world appear ! He rules a King , and doth his Scepter bear . Counsell , commanding , and perswasive Art , What ever men injoy or gods impart , Is found in him : If Fortune did remain Constant , no greater height he need obtain . But ah ! what sudden change is here ! this state Falne with its own weight lyes opprest by Fate . Observe it well , and learn those goods to prise Which never can decay ; the rest despise . Of Archbald ( the third of that name ) and ninth Earle of Angus . NOw we come to Archbald himself ( the third bearing the name of Archbald ) son to David , as hath been said . He was thrice married ; first to Margaret Ereskin , daughter to John Earle of Marre , who was Regent of Scotland immediatly before Morton . Shee was a beautifull , chaste , and vertuous Lady . Shee lived with him but few years , and died without children . After her , he was married to Margaret Leslie , daughter to the Earle of Rothus . She lived with him the space of years , after which he was divorced from her for her adultery . She likewise had no children . His third wife was Jeane Lyon , daughter to the Lord Glames ( Chancellour ) and Relict of Robert Douglas of Logh-leven . She bare to him a daughter after his decease ( named Margaret ) who died about the age of fifteen years a maid unmarried . He was bred and brought up with his Uncle Morton , as wee have said , who was his Tutor and Guardian . He studied in S. Andrews in the New Colledge with Master John Douglas Provest of that Colledge , and Rector of the Universitie , till he was fifteen years of age . Aster that , he lived at Court with his Uncle , having with him his Pedagogue Master John Provaine , who endeavoured to instruct him in the Latine tongue , and taught him his Logicks & Rhetoricks , but with such successe as is customable to youth and Nobilitie ; nature , counsell , and example drawing them rather to the exercises of the body , which are more agreeable to their inclination , and are esteemed more fit and proper for their place . Whereas Letters are thought onely necessary and usefull for mean men , who intend to live by them , and make profession of some Art or Science for their maintenance , but no wayes either suitable or requisite in Noblemen , and such as are of any eminent rank or degree . For these they are judged to be too base , and he that affects them , pedantick and of a mean spirit . Nay most men do accompt the studie and knowledge of them prejudiciall , hurtfull , and no small let and impediment to politick activenesse , and that it doth abate the courage of the minde and vigour of action , which is requisite for their charge and calling of being States-men and Warriours . A perverse and pernitious Tenent , and farre contrary to the practice of the most famous Captains , and Princes in all ages ; such as were Julius Caesar , Scipio Africanus , Alexander the Great , and Pompey called the Great also ; of Trajane , Antonius , Charlemaigne ; and almost of all the Grecian Worthies . And yet ( we heare ) that the Nobility ( in France especially ) accompt it a reproach to be called or esteemed learned , and deeme it honourable to be illiterate and ignorant . Much good may this honourable ignorance do them , ere any wise-man envie it . As for the Earle of Angus , sore did he repent him of this neglect , and greatly did he blame himself for it . Especially in the time of his last banishment , during which he laboured to have repaired that losse and over-sight of his youth , by reading and hearing read to him Latine authours of all sorts , both Historians and others ; chiefly Junius and Tremellius translation of the Scripture , which he took great pleasure and delight in . And though the defect of practice in his youth could not be altogether and fully supplyed , yet such was his naturall judgement , that in expressing of his minde either by word or writ , none could do it more judiciously-and sensibly ; and in dictating of Letters or any other thing , he even equalled ( if not over-matched ) those who would challenge to be the greatest and most skilfull Artistes therein . This was well known , and ingenuously acknowledged , and witnessed by Chancellour Metellane ( of honourable memorie ) who having lighted upon some letters of his written with his own hand , so well conceived and penned , that some who heard them read , supposed they had not been of his own penning , but that he had onely transcribed them , that they might seem to be his own ; he on the contrary affirmed ( and it was true ) that they were of his penning , and that he did seldome use any mans help that way , being himself very sufficient and able to discharge it . Concerning his actions in the time of his uncles Regencie , wee have spoken of them above in his life ( as the fittest place for them to be remembred in ) and we need not repeat them here . After his death , finding no sure footing for him in Scotland ( amongst these who were authours of it , and would seek to secure themselves from all revenge thereof by making him away in like manner ) being commanded by the King , and summoned in his name to come to Court , he retired into England . There hee was kindly received , and honourably entertained by the bountifull liberality of that worthie Queen Elizabeth ; partly in memorie of his uncle , but no lesse for his own sake , being of such great hope and expectation , conceived by the appearance of his present vertues , his wisedome , discretion , & towardlinesse , which made him acceptable to all ; and begot love and favour both from her Majesties self , and her Councellours and Courtiers that then guided the State ; Such as Sir Robert Dudley ( Earle of Licester ) Sir Francis Walsinghame Secretary ; and more especially , he procured the liking of him who is ever to bee remembred with honour , Sir Philip Sidney I mean ; like disposition , in curtesie , of nature , equality of age and years , did so knit their hearts together , that Sir Philip failed not ( as often as his affaires would permit him ) to visit him , in so much that he did scarce suffer any one day to slip , whereof hee did not spend the most part in his company . He was then in travell , or had brought forth rather ( though not polished and refined it as now it is ) that his so beautifull and universally accepted birth , his Arcadia . Hee delighted much to impart it to Angus , and Angus took as much pleasure to be partaker thereof . There were with him at this time in England , of the name of Douglas , James Lord Torthorrell , and Sir George his brother ; two sonnes of Mortons , James of Spot , and Archbald of Pittendrigh : Also James of Maines , and Sir George of Langnidderie . There were besides these ( of note ) onely John Carmichael and his sonnes , together with Hugh Carmichael : the rest were but his ordinary servants and dependers . He resided openly at Court , being no Rebell , and not convicted or guiltie of any crime committed against his Prince or Countrey . No such thing was laid to his charge by his enemies ; otherwayes the receiving and entertaining of him had been a breach of the peace betwixt the Kingdomes . All that could be alledged was , that he had withdrawn himself from the furie of his enemies . And yet , as if he had been a Rebell and forfeited , they intrometted with his rents and estate for their own use . He spent his time there , in learning to ride great horses , and handling of his Armes and Weapons , together with using such courtly and manlie exercises as became his age and place . But above all , he was carefull to observe the Government of the Countrey , and Policie of that State and Kingdome ; making his own use thereof for his bettering , both in Christianity and civill prudencie . He looked with an heedfull eye upon mens wisedome , and through that , upon Gods working by their wisedome ; he noted the actions of those who were the guiders of that State , Court and Countrey , saw their aimes and designes ; and comparing them with his own affaires , and things fallen out at home , he called to minde what had befallen his Uncle Morton ; who ( like them ) had no lesse flourished , but was soon cut down and withered : who had been so powerfull and honoured but a little before , yet in a moment ( as it were ) was overthrown and trod under foot . His thoughts also reflecting upon himself , and his own condition , how hee was forced to forsake his own Countrey , and depend upon the estimation of strangers ; that though for the present he were somewhat respected , yet it was uncertain how long hee should be so , no longer than they should think it profitable for their own estate , and conduceable to their ends . From hence raising his minde to the contemplation of all humane affairs , and of all mortals , men of all degrees , even of Princes themselves , he learned that ( which few will , and care to learne of any ranke , and fewer doe practise that are in high places , whose places crave action , and action over-treads contemplation ) hee learned ( I say ) truly to contemne all worldly things , such as riches , honour , dignities , and the like ; and truly to long and seeke after heavenly treasure , which perisheth not , and bringeth with it no anxietie , or solicitude of minde , having the soule fully set and fixed on God alone . Many speake of it , and that very well , and not without some sense and feeling thereof , but it lasts not , save for a fit , and sudden flash . We are all of us too earthly , and favour too much of earth , from whence we were taken , and of which we were made , and thither also we bend , and tend ever down-ward , what through our naturall propension that way , what by example of the multitude , which like a violent stream of an over-bearing floud , carries us along , if we be not firmly built upon the rock of heavenly resolution , and unlesse we keep fast our hold by perpetuall and never-intermitted meditation . For him I dare avouch it , that howsoever he refrained from outward showes , for feare of falling into ostentation , or whatever other wayes he was employed about in regard of his place and calling , yet his minde was ever ( even in the midst of businesse ) wholly bent to God-ward , and would have beene glad to have beene freed from all thoughts and affaires which had any mixture of earthly things . And this disposition wrought in him by his being exiled , he esteemed no small benefit and advantage of his sufferings ; so that in private where he expressed himselfe freely , without all maske of ceremonie or nicenesse , he hath many times been heard to thanke God very heartily and seriously , with grave words , and settled countenance , saying , That hee would not have exchanged the crosse of his first banishment for all the Crownes and Princes estates in the world : farre lesse for an Earledome , or Lordship , such as Angus , or Douglas . So did God work with him by adversitie . While he was thus working upon himself in England , and framing his heart after a new mould and fashion ( which few knew or dreamed of ) God was preparing the way for his return to his place and honorsin Scotland . The love which his Countrey-men bore to him was great , and likewise generall , and almost universall ( as it did commonly follow that popular name of Douglas , to which it was in a manner hereditarie ) even in regard of his owne courteous , milde , and towardly disposition , and of the great hopes and expectation of excellent fruit from so noble and worthy a plant . This being accompanied with his suffering , and innocencie , together with his harmlesse youth , age did move pitie , and stirre the affections of most men toward him . As for particular friends , hee wanted them not ( as few Noblemen in this Countrey doe , all the Nobilitie being linked and bound one to another by Kindred or alliance ) his house having beene so eminent of a long time , and there being few of the Nobles , but were either descended of it , or tied to it by some consanguinity , affinity , or other relation . And therefore one would thinke it strange that he should have beene so long banished : yet when we looke upon his uncle Mortons case ( who had the same friends or more ) it is farre more strange that hee should have come to such an end . But as in this , when the appointed time came , nothing could hinder his fall and overthrow : so in Angus his case , untill the time appointed by God did come , nothing could worke his restitution . What the estate of businesse was at his departure , we have told already in Mortons life , ere that yeare came fully to an end ( or not long after he had beene a yeare in England ) there fell out a change at Court , which was thus : Esme Lord Obignie ( now Duke of Lennox ) and James Stuart Earle of Arran , had ( with their great riches and honours ) acquired much hatred from all sorts of men . The Ministerie were offended at them for making master Robert Montgomerie Archbishop of Glasgow , ( an Office then odious and unlawfull , as being against the Lawes of the Countrey , and ordinance of the Church ) and were jealous of the one as a suspected Papist , and perswaded that the other ( to wit , Arran ) was a downe-right Atheist . The Nobilitie stormed and grudged at their extraordinary and sudden preferment . For James was made Lord Hammiltoun , Abercorne , Bothwel-haugh , and Earle of Arran , with a power almost absolute ( given or usurped , under the name of Captaine of the Guard , and the pretext of pursuing the Douglasses ) to apprehend , imprison , and put on the racke whomsoever he pleased . Obignie was made Lord of Dalkeith , Tantallon , Darlin , Torbouton , and Duke of Lennox , Keeper of the Castle of Dumbartan , and great Chamberlaine of Scotland . Thus did they overtop and overshadow the rest of the Peeres , as tall Cedars doe small Shrubs , to their great discontentment and disdaine . The Gentlemen were so used by them , that they esteemed themselves brought into a thraldome and slaverie , none of them being sure of their estates , which were wrung from them by colour of law ( the cloake of their oppression ) and all fearing the rage and unlimited violence , especially of James Stuart , who was composed of nothing else , and whose actions were sutable to his disposition . The Burrowes were alienated by being cut short in their priviledges , liberties , and immunities , which were quarrelled , retrenched , cancelled , and taken away , according to their humours of avarice , and desire of gaine , and according to the pleasure and suggestions of their informers and parasites . With this their exorbitant increase of power and insolencie , as the hatred of others did increase toward them , so did variance arise betwixt themselves . The first occasion hereof was the carrying of the Crown at Parliament : this was proper , and is the hereditarie right and priviledge of the house of Angus , and he being now banished , and the Duke of Lennox having his estate , either for that regard , or because of his more honourable descent , or by the advantage of the Kings favour ( which he had in greater measure then Arran ) we cannot affirme ; but so it was , that he was preferred to bear it . Arran stormed at this , & protested that his bearing of it at this time should not be prejudicial to his claim , who being descended of the house of D. Mordack ( which was nearest to the King ) ought in reason to have carried it ; yet he renounced all title to the kingdom , notwithstanding of this extraction of his pedegree , and challenging of this honour . This renunciation was derided by some , and disdained by others , as a great malapartnesse , and high presumption in him , who being but lately raised from so meane a fortune and estate , durst utter such speeches as bewrayed such vast and high thoughts , as to aime at no lesse then the Kingdome , if ever ( the Kings owne race failing ) the right thereto should come in question , and happen to be controverted . And indeed his designes are thought to have flowne to no lower pitch , which ( perhaps ) had beene no very hard or impossible taske for him , if he could as well have kept out the Hammiltouns ( who could onely pretend right to it ) and the Douglasses ( whose power and authority was the greatest in the Countrey ) as hee found meanes to cast them out of Court and Countrey . For then he had had no Competitor but the Duke of Lennox , and him , being a stranger ; and subsisting meerely by the present Kings favour , he nothing doubted to supplant by his craft and violence , joyned with such a colourable claim . Another occasion of discord fell out by Sir John Seaton , son to the Lord Seaton , and Master of the Kings horses . As the King was about to goe to his horse to ride a hunting , Arran having something to speake to him in private , all men were commanded to remove , which all did saving Sir John , who being by his place to wait upon the King , and set him on his horse , stayed still , and did not remove with the rest . Arran seeing him to stay behind the rest , either threatned to throw his batton at him , or did throw it indeed ; for hee carried a staffe or batton as Captaine of the Guard. Sir John would have requited this affront , but was hindred by the Guard , who carried him downe staires , and so parted them for that time . The next day Sir John , his brother Sir William , and the Lord Seaton himselfe , were all commanded to keepe their lodgings ; which the Duke ( who favoured them ) tooke so ill , that he refused to come abroad that day . At last they were so divided , that the Duke carried the King with him to Dalkeith , and Arran abode in the Palace of Halyrood-hoose . There were with the Duke , the Lord Seaton , Maxwell , ( then Earle of Morton ) with some others . Argyle , Ruthven , ( then Thesaurer , and lately made Earle of Gowrie ) the Secretarie , the Controller , and other Officers of State , stayed with Arran , and tooke upon them to make the body of the Kings Councell , and to sit as such . But all their Decrees and Conclusions were dashed by the King in person , which they wanted . These broiles lasted from the end of October till mid-Februarie , about which time the King returning to Halyroodhouse ( from whence Arran had removed before ) and from thence going backe againe to Dalkeith , he sent for him , and reconciled him to the Duke , after which they became greater friends then ever they had beene before : so that Arran would doe nothing for any man but what hee knew stood with the Dukes good liking But this union betwixt themselves divided them the more from others , and others from both of them ; for now hee that had any businesse with either , behoved to sue to both , and hee that disliked , or bore ill-will to either , was forced to fawne on him also , or to hate both , and seeke the overthrow of them both alike . At the Justice Aires in Perth 1582. in July , in some contest betwixt the Duke and the Earle of Gowrie , the Duke spake some reproachfull words to him in French , which Gowrie not understanding then ; afterward , when he had learned what the meaning of it was , he upbraided the Duke for ungratefulnesse , telling him , that was all the thanke he got for having twice saved him from being killed . Thus was he alienated , or thus did he bewray his alienation of minde , which lay hidden till now it burst forth . Another time the Chamberlaine Aires being indicted to be kept ( the 28. of August ) by the Duke ( then Chamberlaine ) which was a Court very odious to the Burrowes , as being rather a legall robbery , then a Court of Justice , and upon which it is thought he was set of purpose that he might incurre more hatred , which commonly falls out , when a former generall dislike doth meet with private grudges . This Court ( I say ) being indicted , while the Duke was busied in preparing for it , and he with Arran having left the King , were at Edinburgh and Dalkeith about such things as was necessary thereto : the foure and twentieth of August the King came from his hunting in Athole to Ruthven , where Gowrie , assisted by some of the Nobilitie , removed the Guard , that were under the command of Arrane , with no great adoe , and laid hold also of the Earle himselfe as he entred into the house of Ruthven , and conveighed him into a close roome , where he was kept , and not suffered to come neare the King. He had , upon the first surmising of an alteration , come from Edinburgh with a company of some fourescore horse , but hearing that the Earle of Marre was at Kinrosse in his way , hee sent his company with his brothers ( Robert and Henrie ) and he himselfe with one or two taking a byway , came to have slipt into the Kings presence before they had beene aware of him . But Gowrie being advertised hereof , met him at the gate , and had straightwayes killed him , if George Authenlecke ( sometime servitour to Morton ) had not held his hand as he was about to have pulled out his dagger to have stabbed him . His two brothers , with their company , were defeated by the Earle of Marre , of which Robert was wounded also , and taken prisoner . There joyned with Marre and Ruthven openly , Thomas Lion ( Master of Glames ) Lawrence Lord Oliphant , together with Sir Lewis Ballandine of Achnowle ( Justice-Clerke ) and others . Before Marre came , the Guard made some difficultie to admit them , and grant them entrance into the Kings chamber : for they serving for pay , and being put in , and commanded by Arran , when they heard what had happened to their Captaine , made an offer to resist , and not to suffer any man to come neare the King , unlesse hee should signifie his pleasure to be such . Sir Lewis Ballandine conceiving great indignation hereat , asked at master David Hume ( who by chance was come thither , and stood next to him ) if he had a pistoll about him , which he gave him , but withall said to him , Be not too hastie to shoot , let them alone , you shall find that their fury will soone fall ( lacking their Captaine , and a head ) and that they will give way , when once they see the Nobility approach . And so they did indeed , for the Earle of Marre being come , and the rest joyning with him , they shranke away and gave place . When they came to the King , they shewed him the necessity of doing what they had done , in regard of the violence of Arrane , and their feare and suspition of the Duke of Lennox : That there was no other way to remove the generall discontent of his Subjects , and to prevent the dangers which would follow thereupon to himselfe , and his Crowne , then by removing of these men from about him , whose unjust actions , and violent oppressions , reflected upon his Majesty , to the great prejudice of his honour and estate , as also to the great disadvantage of Religion , and the good of his people . The King assented to what they said , either because he thought it to be the true , or rather , ( as appeared afterward ) that he might seeme to approve of that which hee could not resist . So they goe to Perth , then to Stirling , where their Proclamations were set forth ; the one containing the Kings Declaration , concerning what was done at Ruthven ; that it was for his service , and acceptable to him . In the other the Duke of Lennox was commanded to depart out of the Realme of Scotland before the 24. of September . There was a third also , by which the Chamberlain Aires were discharged to be kept . The Earle of Angus had ( a little before these things ) come down from the Court of England to Berwick , in expectation of this change ; and now having notice given him by these Noblemen of what had passed , he stayed a while in the towne , and thereafter came into Scotland : yet did he not goe directly to Court , but came to Cumledge in the Merse , a house within eight miles of Berwick , which belonged to Archbald Authenleck ( a follower of his Uncle Morton ) and lay next adjacent to his Barony of Boncle . There he remained till Master Bowes , and Master Cary ( Embassadours from the Queen of England ) came into Scotland ( the 11 of September ) and did by their intercession obtain of the King , that hee might be assoyled from that crime of Rebellion , which his enemies had put upon him , because he had not obeyed their charges given out in the Kings name , to come to Court , which was indeed to come into their power . Neither did he presently after hee was relaxed come neare the King , untill he had assurance that the King was very well contented , and desirous that he should come to him ; but stayed some five weekes , expecting his full and free consent therein , that his return might bee such as could not be excepted against . The King delayed him a while , that hee might be beholding to him for this favour , and he was contented to stay so long , that the King might see he was willing to receive it at his hands as a favour , and that by so doing , he might fully remove all hard construction that his Majesty could make of his withdrawing into England . He had presence of the King the 20. of October ( about two moneths after he came home ) in the Palace of Haly-rood-house , where hee was kindly and lovingly received , to the great contentment of all men , and with great commendation of his modesty ; for that hee had patiently waited for his Princes pleasure so long a time , and had not abruptly rusht into his sight , which many would , and he might have done easily had he pleased to have made that use of the times and opportunitie which was offered : but his disposition was not that way set ; he was truely of a milde disposition , abhorring all turbulencie , every way towardly , inclining to peace , and to all submission toward his Prince . Now being thus returned , gladly would hee have lived in quietnesse , and injoyed the Kings favour still , as he had it at this time , and willingly would he have served him as a faithfull and loyall Subject according as he had been pleased to have imployed him , without further stirring or meddling with any thing , or any person . Neither ( as I thinke ) did the world ever know , or bring forth a more calme and quiet spirit , voyd of ambition and covetousnesse , as also of all envie and malice to any creature , which are the chiefe causes of restlesse and tumultuous practices . He was also mindfull of Mortons counsell at his death , who advised him to doe so : and being alreadie in so honourable a place ( first of the Nobilitie ) he had little or nothing else to desire or hope for , if hee could have been assured to possesse his owne in peace . But finding the Countrey divided , the dregs of the old faction that stood for the Queen , still working underhand , and by it the Romish party labouring to undermine the true reformed Religion , and such as had been instruments to establish it , upon whose ruine these new men ( by their new courses ) did indeavour to build their preferment , so that none could with surety live in any honourable place , as a good Patriot , but behoved to take part with them that stood for Religion , and undergoe the like hazard as they did . Besides , these Noblemen had ( in very deed ) wrought out and made way for his returne from exile , by removing of those who were ( as common enemies to all honest men , so more particularly ) his especiall enemies , having been authours of his Uncles death , and who had seized upon his owne lands and possessions . They were also his near kinsemen , and deare friends , Gowrie and Glames were come of his house , Oliphant was of his alliance ( having married Margaret Douglas , daughter to William of Logh-leven ) and Marre was his brother in law , and no lesse his brother in love and affection , which continued without the least breach or diminution , so long as he lived . These private and publick inducements thus meeting and concurring , he could not esteem that cause to be more theirs then his owne , and therefore could not choose but embrace it as his own , that is , to the utmost of his power . Therefore he joyned with them in it sincerely for his owne part , but they continued not long undivided amongst themselves . For the Duke being divers times charged to voide the Realme , after divers shi●…ts and delayes , at last he went through England into France in the moneth of December , and not long after he died there the 27. of July 1583. After he was gone , they being rid of that feare , there fell out dissention betwixt the Earle of Gowrie , and Secretarie Pitcarne ( made Lord of Dumfermeling ) in April 1583. The King went to the Castle of Saint Andrewes in August , and there the Earle of Gowrie ( having changed his minde with the change of affaires ) tooke a remission for his fact at Ruthven , as being Treason , and so by his owne confession condemned himselfe , and all his partners therein , and by separating himselfe from them , overthrew the cause , and them with it . All this while after Angus his returne , there was nothing done worthy of memory , save that he ( out of his love and respect to his Uncle Morton ) caused his head to be taken downe from the City gate , and honourably buried with his body , the 10. of December 1582. The chiefe instrument in this change , was William Stuart , a brother of the house of Goston , who had beene a Colonell in the Low-Countreyes , and was then Captain of the Kings Guard. Gowrie had brought him home , and preferred him to the Kings service , of purpose to counterpoyse the greatnesse of Arran : but they were so wise , as not to crosse one another ; but on the contrary , they did aid and strengthen each other all they could . By this Williams means , the authours and actors of the fact at Ruthven were strictly commanded to depart from the Court , and the Earle of Arrane recalled thither again . Angus had joyned with those of Ruthven , yet because he had not been an actor there , and had had no hand in it , he hoped that they would suffer him to live in quietnesse at home . Secretary Walsingham ( Embassadour from Queene Elizabeth ) had gotten a promise of the King that he should be fully restored to all his lands and possessions , and hee had relied thereon , and waited long for the performance thereof ; but finding nothing but delayes , he perceived they had no good meaning toward him . And so indeed it proved , for Marre , and the master of Glames were confined in Argyle , the Castle of Stirling ( of which Marre and his predecessours had been keepers time out of minde ) was committed to the custody of Arrane , and the Earle of Angus was confined beyond Forth . Before his going to the place of his confinement , hee wrote to some of his friends to accompany him thither for his safety in his journey . This being knowne at Court , it was interpreted to be done of intention to surprise the King , who was that day to goe abroad to his haulking . It was alledged also , that Marre and Glames were to meet him at Achnoweshill , and to joyne with him in his surprisall . Hereupon the King having risen by times that morning to goe to his sport , and being ready to take horse , was stayed that day , and curriours were sent out to try how matters went , and whether that report were true . Some of these scouts came to the Key-stone , ( for that way Angus tooke of purpose , being furthest off from the Court , that he might be out of their danger , and they freed from all feare of him ) and found him riding in a peaceable manner , accompanied with a small train of his domesticks onely , and those but halfe-armed ( which was ordinary then , even in the most peaceable times ) and no wayes prepared for warre . Hee desired them to tell his Majesty that he was going toward the place of his confinement , in obedience to him ; and they did relate the truth very faithfully and honestly to the King. This rumour ( of surprising the King ) was said to have proceeded from one of his owne name , who having been in Tantallon the day before , and perceiving that there were letters in writing , which they did not communicate to him ( as Angus did never impart businesse to any , but such as were his intimate friends , and there having been some difference betwixt him , and this Gentleman , he never used him after that so familiarly ) made this conjecture of their secrecie , and whispered , it to the Courtiers , who were apt to beleeve it : whether he did indeed suspect some such thing , or if it were raised onely by envious , and malicious persons , we cannot affirme , but fame laid the blame of it on him ; for that he , having been so late over night at Tantallon , had made great haste to be in Edinburgh that night , and came to Court before day light : and that upon his coming , the Kings haulking was stayed ; yet it is uncertain , for he was commanded also to depart out of the Countrey . The Earle of Angus crossed Forth at the Queens Ferry , and went to his owne house at Aberdowre ; but because there hee was too neare the Court , and so obnoxious to suspition , hee removed from thence to Kinrosse : and to secure them yet more , leaving his houshold there behinde him , he went almost alone to Lesely , a house belonging to his brother in Law , the Master of Rothusse . Being there , he moved him , and the Earle his father to deal with the Courtiers to grant him so much favour as to suffer him to live a private and retired life , at one of his owne houses in the Countrey farre from Court , and State businesse : but they were so farre from yeelding to any such thing , that whereas he had been charged onely to remaine beyond Forth before ; now hee is sent to remain beyond Spaye . Wherefore hee takes his journey thither , and came to Dundie ; and from thence toward Elgin in Murray . Master Scrimger of Diddup ( Constable of Dundie ) would needs bring him on his way ; and as if he had intended no more , caused carry his haulkes with him , but by no means would leave him till he came to his journeyes end . By the way he being well knowne , tooke upon him to be the chiefe man , and gave out that Angus was his sonne in law , the Laird of Inshmartin . This hee did , least the Courtiers should have laid some ambushment for him by the way , hee being to passe through a Countrey , where their partie was strong , and where they had many favourers , having none of his owne followers with him , save Robert Douglas of Cavers , Gentleman of his horses . So he passed the Carne-Mont with great celerity and haste , the rest of his houshold following after by easie journeyes . Great was the care his worthy friend the Constable had of him ; and many wayes did hee labour to keepe him from melancholy , and to divert his thoughts from too much dwelling upon his present hard condition : there was no kinde of sport or game , which he did not afford him with all the varietie he could devise to entertain him , and to cheare him up : till the court , envying even this small contentment to him , commanded the Constable also to goe off the Countrey ; yet was hee never destitute of friends ; such was the sweetnesse of his disposition , and of such power and force was it , that it wonne the hearts of all the Gentlemen in those quarters to him : such as the Innesses , Dumbarres , Hayes , and others , who did all strive who should shew most affection toward him , by inviting him to their houses , and feasting him by turnes , and using of him with all courtesie , and respect ; so that hee could not have beene more honoured and regarded amongst his dearest friends , and nearest kinsfolkes . Nay , such was their love to him , that hearing some surmises of no great good will borne to him by Huntley , they of their own accord came to him , and forbade him to bee afraid of him , for they would spend their lives in his defence , and for his safetie , if the Earle of Huntley should attempt any thing against him . Wherefore it was thought that they being thus affected ; he durst not adventure to execute any Court plot against him , which he wanted no good will to do , and otherwayes would have done . Yet was this the place of the Kingdome , where all Huntleyes power and friendship lay very neare at hand , and where Angus had least acquaintance and fewest friends , all of them being meere strangers to him , without any other bond of obligation or tie of relation , but what his vertue and worth had gained in that short time of his being amongst them and conversing with them . The Courtiers at this time were at no small contest and variance with the Ministers ; chiefly with Master James Lowson , Master Walter Balcanquell , John Durie ( Ministers at Edinburgh ) and Master Andrew Melvin , Principall of the new Colledge of Saint Andrewes , and Professour of Divinity there . The occasion was this ; they had at a Generall Assembly approved the fact of Ruthven by the Kings especiall commandement , and now being desired by the Courtiers to condemne it , they refused to doe it . Both sides alledged the Kings authority ; the Courtiers pleading , that such was his will now : and the Ministers , that it was not such then . The Courtiers said that he was a captive then ; and the Ministers replyed , that ( perhaps ) he was so now : that they saw not any thralling of him then ; and that it might as well be alledged hereafter that he was a captive now , as it was alledged now that hee was a captive then . As for the particular quarrels of either side , they said they knew them not ; but one thing they knew , that they were as good men , as Noble , as worthie , as well affected to his Majestie who were with him then , as those were who were about him now ; that they were as free from all suspition of unsoundnesse in Religion , nay , much freer , the others being at least suspected . In which regard they could not retract what they had done , and could not but allow of their fact who had removed from the King , men that were not altogether free of suspition . What private ends or aimes they had , was unknown to them , as also they were ignorant what the respects were which they now had ; both pretended the Kings will ; but they were sure of this point , that the removing of suspected men was a good office , and made for his well being , and that the instruments thereof were instruments of a good work , whatsoever were their intentions . Thus most of them spake : Others expressed themselves more harshly , saying , that wicked men were removed , and such as were enemies to the Church , to the Countrey and to the Nobility , who sought their own preferment with the overthrow of all , that they might be built upon the ruines of all these . These speeches were very unsavourie to the Earle of Arran , to the Colonell Stuart , and the Prior of Pitten-weeme . It rubbed upon them , and ( by consequent ) as they would have it appeare ) reflected upon the King. Wherefore they called it sedition , and stirring up of dissention betwixt the King and his Subjects . So they informe the King , and by their Information , animate him against them . Wherefore John Dury behooved to be removed from Edinburgh to Monrosse : Master James Lowson , and Master Walter Balcanquell were rebuked onely . Master Walters Text was treason ( against the Courtiers ) and spake too much though hee had said nothing . It was that passage of Ecclesiastes [ I saw Princes walking on foot , and servants riding on horse-back ] that is , Great and worthie men displaced , and base men set up in their room ; to which doctrine hee added an admonition , that they should look to themselves when the cup of their iniquitie should bee full . Master Andrew Melvin was dilated to the King and Councell by one William Stuart , that he had said in a Sermon of his , That the King was unlawfully called to the Kingdome ; but he craved , that seeing he was accused of wrong doctrine , that hee might bee tried by a Generall or Synodall Assembly , who are the proper judges of doctrine delivered from the Pulpit . It was answered , that he should have no other than the King and Councell , who ordained him to enter himself prisoner in Black-Nesse . Whereupon hee fearing , and informed that Colonell Stuart and Arran had no good meaning toward him , fled secretly to Berwick . Before his departure , hee drew up his Apologie , of which it will not be amisse to set down the summe , as a testimony of his innocencie and equity of his cause , as also of the violence , and iniquity of those times , that so it may appear more evidently what just grounds and reasons the Noblemen had to labour to have things redressed , and such enormous insolencies repressed . First , He protested solemnly before God and his Angels , that he never uttered either in that Sermon or in any other , any one word which might import any disgrace or slander of his Soveraigne the Kings Majestie : but had ever exhorted all men to yeeld him all reverence and obedience : that hee had ever , and still did acknowledge him his lawfull Prince and supreame Governour in civill matters ; that he had ever , and even then prayed for his preservation and prosperity : Secondly , that his desire to bee tried by a Synod of the Church , did not proceed from any intention to call his Majesties authority in question , but onely because they were appointed to bee the ordinary judges of any thing delivered in preaching , In primâ instantiâ . He alledged for this a plaine Act of Parliament , and a conference betwixt certain Lords of the Councell , and some Ministers deputed by the King , who had agreed upon this conclusion . Thirdly , hee said that Councels and Doctors of the Church did think that the triall of such things is most conveniently and fitly to bee taken in the place where the slander is raised , and scandall given ; which was Saint Andrewes , for there that Sermon was preached : Fourthly , hee pleaded , that the priviledges of the University , granted and given to it by former Kings , and confirmed and ratified by his Majesties self , made the Rector and his Assessors , Judges to all Ministers , Masters and Students that were Members of the same , and were accused of any offence committed within the liberties thereof . Fifthly , that he spake nothing but what he had good warrant for from scripture . Sixthly , that he had for him ; first , the testimony of the Universitie , signed by the Rector , and sealed with their seal ; secondly , the testimony of the Church-Session in S. Andrews , subscribed by the Ministers , Elders and Deacons ; thirdly , the testimony of the Provest and Bailiffs , and town Councell , signed by the town Clerk by their commandement , and sealed with their seal ; fourthly , and last of all , the testimony of the Presbyterie , subscribed by the Clerk thereof : which testimonies were of more value to absolve him , than any one mans accusation was to condemne him . Seventhly , he desired that he might have the common priviledge of all the Subjects , which was to know his accuser , and the prerogative of a Minister of Gods word , that an accusation should not be received ( or put in processe ) against him ; but under two or three witnesses . Eighthly , that his accuser might be liable , and incurre the punishment due to him by the Acts of Parliament , if his accusation were found to be false . Ninthly , that the Defender might have place , and be permitted to object against his Accuser : And that if William Stuart were the man , he would prove that the said William had professed hatred against him , and had threatned him to do him bodily harm ; in which respect , his information was to be suspected if he were the Delatour , or if he were a witnesse his testimony was not sufficient . Notwithstanding of all this , yet he said , he would simply declare the truth in the presence of God and his Angels , so far forth as his memory would serve him . He said , his text was , Daniels expounding of the hand-writing on the wal to Baltazar . Here he observed how Daniel in reproving Baltazar for not giving glory to God for his benefits toward him and his father , and for abusing the vessels of the house of God , did apply the Text ( of the hand-writing ) to Baltazar . From hence ( and other places of Scripture ) he inferred , that application ought to be made of examples ( whether of mercies or judgements ) by the Ministers of the Word ( as Daniel was ) to Kings , as was Baltazar : And that the nearer the example touched the party to whom it were applied ( as that of Nabuchodonosor , who was father to Baltazar ) the more forcible it would be . This ( said he ) is the right way of application , but who doth it now-a-dayes ? Or if any do it , who cares for it , or is moved with it ? If a man should now apply the example of our Predecessours to these times , as of King James the third , how his Courtiers and flatterers abused him , would they not say that he raved , and wandered from his Text ? Nay , perhaps , accuse him of Treason . Secondly , he said , concerning these words which his accuser did alledge to have been spoken by him ( that our Nabuchodonosor , to wit , the Kings mother , had bin banished twice seven years , & would be restored again ) as it never came into his mind , so did he not remember the words , or any expression tending to that purpose , or importing any such thing : Thirdly , As for that speech ( That the King was unlawfully called to the Crown ) or any thing sounding that way ; he protested before God , he never spake it , nor did he ever doubt of the lawfulnesse of his Majesties authority , which the Church had ever maintained , & he himself constantly avouched , as all that knew him could bear witnesse . That it was true , that in speaking of Nabuchodonosor , he had said ; That first , howbeit he had succeeded to his fathers Kingdome , and that when he was of ripe years : secondly , though he were endowed with wisedome , learning , liberality , and other vertues : thirdly , though he had conquered and purchased divers Territories and Countries , as a valiant Captain ( having been Lieutenant to his father ) in his fathers time : fourthly , And although he were made King ( after his father ) by all the Nobility : yet Daniel maketh mention of none of all these , but saith , That God gave him the Kingdome . From whence he gathered as a firm conclusion ; That , by whatsoever way Kingdomes do come ( whether by election , succession , or conquest , whether by ordinary or extraordinary means ) it is God that gives them , & he that makes Kings . But ( alas ! ) men do forget this that are in high places , as experience doth shew : And not only Atheists and Idolaters , but even godly Kings are subject to this forgetfulnesse . David extraordinarily called , Salomon also extraordinarily , and Joas extraordinarily preserved and crowned in his tender years , did all forget the ordainer , all forget God their advancer ; and he therefore did chastise them . That instead of applying this to the King , he did ( as his custome ever was , when he spake of his Majestie ) turne and convert it into a Prayer : That since such was the weaknesse of Godly Kings , it would please God of his mercie never to suffer our King to forget Gods goodnesse and mercie toward him , who had called him extraordinarily to be King of the Countrey : first , being but a childe in his Cradle : secondly , his mother yet alive : thirdly , a great part of the Nobility his enemies : and fourthly , some of them still pursuing of him , ever since the heavie burden of government was laid on his shoulders . He concluded that these were his formall words , upon which , what ground any man could have to build such accusation against him , he referred it to the wisedome of his Majestie and his councell , who , he hoped , would not give eare to such who through malice did stretch or wrest his words , or through ignorance did mistake them ; not being able to distinguish betwixt extraordinary calling , and unlawfull calling . This Declaration he set forth , not so much to beg favour or releasement , but to render the reason of his chosen and voluntary exile . Divers moe than he , who suffered as he did , and for the same cause , set forth likewise their apologies to justifie themselves , by clearing of their innocencie , and shewing the causes of their leaving the Countrey & their callings . The Courtiers did interest the King in all these quarrels , and laboured to embarke him therein the deepest they could : and by all meanes strove to make him beleeve that all was against him , and that their aime was at him , whom they wounded through their sides : and fain they would have perswaded all others to the same . But all were not so blinde : there were manythat could , & did distinguish and separate the Kings cause from the Courtiers ; and did shew that as they hated them , so they loved him . Especially the Ministery , who at a Generall Assembly ( held at Edinburgh in November ) appointed a generall Fast to be kept throughout the whole Kingdome , and gave out the reasons thereof to be : first , The abounding of wickednesse : secondly , The danger of the Church : thirdly , The danger of the King : fourthly , The danger of the Common-wealth ( which all were meant , & did directly point at the rulers of court chiefly ) through their wickednesse , Atheisme , want of Religion , Godlessenesse , Popishnesse , or Libertinisme , avarice , aspiring ; Who being sole ( said they ) or chief about the King , under the shadow of his authority : first , do trouble the Ministery : secondly , seek to pervert his Majestie , and draw him ( if it were possible for them ) to the same contempt of Religion ; that so in time he might become a persecuter and enemie to the Church , and overthrow it altogether : thirdly , do tread under foot the Common-wealth of this Countrey , by banishing the best of the Nobility , who do love God and the Church best , and are best affected toward the Kings welfare , that they in the meane time may possesse and brook their Lands and Inheritance : And fourthly , who suffered murther , oppression , witch-craft , whooredome , and many other sinnes to passe unpunished and uncurbed . This Fast continued the space of a Week , including both the Sundayes . The Courtiers ( notwithstanding of this ) contemning and slighting all admonitions , kept on their own wayes and course of committing , banishing , discrediting , and weakening of all such as they thought did favour the Nobility , and were not forward enough to further them , and advance their faction . They ingrossed all places of power and authority to themselves ; dis-armed , dis-abled , and diminished all others , and even derided them . Of which dealing I will recompt one example amongst many : I have made mention above , how some discord and variance fell out betwixt Pitcairne , Abbot of Dumfermling , and the Earl of Gowrie . Hereupon Gowrie ( to match Pitcairne ) had reconciled himself to the Courtiers , and was thought to side with them ; and especially to be very intimate with Colonell Stuart . Pitcairne laboured to out-shoot the Earle in his own Bow , and for that end sues to the Colonel for his friendship , which because he knew that it was vendible , he sent him the price thereof ( according to his estimate ) in gold . The Colonell liked the mettall , but not the condition , and therefore he kept both his friendship and the gold to himself ; and having shewed it to the King and Gowrie , deriding him , said , that the Abbot had sent him that to draw the King to favour him ; and thus was he flouted , and wiped clean of his Moneyes . William Douglas of Logh-leven was confined in the Merse , for no other fault , but because he was a Douglas , and an upright honest man as any was in the Kingdome . Sir George Hume of Wedderburne , because he was in Kinne , and a friend of the Earle of Angus , was sent prisoner to the Castle of Downe beyond Forth : Sir James Hume of Coldinknows was committed to the Castle of Edinburgh ; Master Cunninghame of Drummewhasle was like wise imprisoned ; and Master John Colvill brother to Cleish had been served in the same kinde , if he , fearing their rage , had not prevented it by fleeing . Many others were used after the like sort , it being a sufficient crime to favour any of the discourted Noblemen . Last of all , a Proclamation was made , wherein the Fact at Ruthven was condemned as foule , abominable , and treasonable , and all the actors therein ( or favourers of them ) were commanded to depart from Edinburgh , and not to come hear the place where the King was , or should happen to be , under the pain of death . The Earle of Gowrie had taken a remission for it , but it served not his turne , nor did him any good at all : for he was particularly charged to go off the Countrey , and not to remain in Scotland , England , or Ireland , with a non obstante , notwithstanding any remission obtained before . And to secure themselves yet further , they prohibited all men to carry Pistols , except the Kings Domesticks , and his Guard. They brought home also into Scotland , Lodowick Duke of Lennox ( son to Obignie ) being then but a child , to strengthen their party , and to tie the Kings affection so much the more to them . He was restored to his fathers estate , & ( as a part thereof ) to the Lordship of Dalkeith . This being Angus his inheritance , they thought it would engage the Duke in a perpetual enmitie with him , as it is ordinary for a man to hate him whom he wrongs . On these & the like grounds they established to themselves ( in their own conceit ) a perpetuall & safe estate ; which they had so fastned and linked with the Kings , that neither could be brangled without the shaking and over turning of the other . But these courses produced a quite contrary effect , & even then wrought such disposition in men , as did at last over-throw all their plots , and themselves withall . So frail , and so unsure a foundation is iniquity . For Angus as he was altogether innocent of any thing that could be alledged against him , even in their own judgements , so was he universally beloved of all , by an hereditary popularity from his Auncestours , and more for his own known vertues ; and therefore being thus wronged in his person , and in his inheritance , he was pitied of all . Marre in like manner , being descended of an honourable , ancient , faithfull and loyall race of Progenitours , as also for his own good parts and conditions , was beloved in like sort , and pitied , notwithstanding that he had been an actour at Ruthven . The Earle of Gowrie ( by the contrary ) was greatly hated by the Courtiers , and little set by , or regarded by the other partie . He had assisted ( with his father ) at the slaughtering of Rizio , and was the chief man and principall authour and actour in the fact of Ruthven . Yet had he changed his minde and side at S. Andrews , repented him of what he had done at Ruthven , condemned it , and taken a remission for it . Now being casten off by the Court , and commanded to depart off the Countrey , he repents him of his repentance , and condemnes his condemning ; and would ( if he could ) salve all again by his recanting and retracting of this last act . But as the committing of the fact had made him to be hated by the Courtiers , so his condemning of it had brought him to be suspected of the Noblemen . He had condemned himself , and did deserve to be condemned , either for that he had done at Ruthven , or for his condemning of what he did then , and taking a remission for it . He had given a colour to the adverse party to condemne it by his confession and example , and had furnished them with that argument whereby to presse the condemning of it upon the Ministerie or others . For that was their maine argument , and the string they most harped on , Gowries confession of a fault , and remission for it . All this notwithstanding , he desires to joyne with the Lords , and offers to tie himself to their partie with the stictest bonds that could be devised . Their case was the same with his ; all to be utterly undone , unlesse some remedie were found ; their enemies were the same with his , the guiders of Court ; neither should they onely bee overthrown , but with them and through them the estate of Religion , and of the whole Countrey . This as it was spetious , so was it most true and certain , and which could not be denied . But what society could be sure with the Earle of Gowrie so often changing ? If his changing proceeded from fraud and deceit , who could joyne with him ? Or if it were from feare , what sure hold could they have of one so fearfull ? Even Angus himself ( whose nature was farre from distrusting ) could not but distrust and suspect him . Onely , his present case seemed to plead for his sincerity at this time ; which was such , that he knew not where to shelter or secure himself , but by joyning with them . For he was charged to depart out of the Kingdome , which was a token of no good will , nay of true enmity with Court : or certainly , a deeper dissimulation than any man could conceive . And as necessitie did force him to take part with them , so were they also no lesse urged by necessitie to admit and receive him , in respect of his great power & friendship in those quarters . The Earl of Athol and the Lord Oglebee ( two Noblemen of great power and command ) were his sonnes-in-law : Inshe-chaiffrey and Drummond his dear friends ; and he himself was Sheriffe of Perth , and Provest of the Town . Wherefore Angus his confinement being enlarged to the North-water , and he residing in the Castle of Brechin ( his brother the Earle of Marres house ) he sent one Master David Hume , whom he trusted , to conferre with him , that hee might trie and sound his minde as narrowly as he could , and report to him what hee found . The Gentleman found him in words , in countenance , and in gesture greatly perplexed , solicitous for his estate , besides the affairs of the Countrey , and greatly afraid of the violence of the Courtiers . So that looking very pitifully upon his Gallerie where we were walking at that time ( which hee had but newly built and decored with Pictures ) he brake out into these words , having first fetched a deep sigh ; Cousin ( sayes he ) Is there no remedie ? Et impius haec tam culta novalia milcs habebit ? Barbarus has segetes ? Whereupon he was perswaded of his upright meaning , and at his returne perswaded the Earle of Angus thereof also . So partly upon this assurance , partly enforced by necessity ( there being no possibility to be strong in those parts without his concurrence ) hee resolved to assume him into their fellowship and societie . Then did those scruples and doubts arise in Angus his minde , which are incident to honest natures and loyall dispositions . Hee considered that banding against Courtiers would be called , and seem to be combining against Authority and the King ; for hee would take their part for the present : so was he to force his will , whom his heart carried him to honour . But what should hee doe ? There was no other way ( that he could devise ) to secure their estates , their houses , themselves , their Countrey , and all honest men from oppression and ruine , to preserve Religion ( which ought to be dear to all men , and was dear to him ) nay , even to save the King himself ( whose safet●…e did consist in the preservation of the Church and Kingdome ) and to deliver him , and pluck him out of the claws of these Harpies , whose oppression and wickednesse did reflect upon him , and redound to his dishonour : For whatsoever they did , was done in his name , and said to be the Kings will and pleasure . Their banishing of Noble-men , and oppressing of all sorts and ranks of men , without difference or respect , so that there was no honest man but stood in continuall fear of losing his life and estate : all this was laid upon the King. Their avarice was insatiable , their malice cruell , and their suspition unsatisfiable . They stood not upon reason , law or right ; any pretence ( which they never wanted ) served them for a warrant to seize mens persons or estates . Their ordinary course was to summond a man super inquirendis , and if he did compeir , to commit him to a free or close prison ; if hee were afraid , and did not compeir , hee was found guiltie of rebellion , denounced , and his goods seized . They would be sure not to want witnesses to prove any thing against any man , by torturing his servants , or himself , to wring something out of him , which might bee matter against him , through impatiencie , and the violence of the Rack : At least hee should bee sure to bee vexed by re-examinations , and with-drawn from his necessary affairs , that so hee might bee constrained to buy his libertie and leave to stay at home , with some portion of his land , or a piece of money . These doings of theirs , though many knew that the King did not allow of them , yet being coloured with his authoritie , were apt to alienate ( and might in time produce that effect ) the mindes of the Subjects from their Prince , as also the heart of the Prince from his Subjects , by their filling his ears with jealousies , and by making vertue a cause of suspition , and him that was vertuous in any eminent measure , suspected and hated ; and on the contrary , vice and the vicious to have vogue and credit , and to over-rule all . How could this bee obviated , unlesse these men were removed ? And how could they be removed without controlling of the King ? And to contrary him ( though it were for his good and sasetie ) how ill would it be taken by him ? Invitum qui servat , idem facit occidenti : To save a man against his will , is commonly rewarded with slender thanks . Patriam & parentes cogere etiamsi possis , & utile sit , tamen importunum est : To save a Prince against his will , and to force him for his good , how dangerous a point is it ? For they account it as their life to reigne , and no reigning without absolutenesse , unlesse they reigne at libertie , without any controllment , were it never so little . But there was no remedie ; whoso undertakes any great enterprise , must resolve to passe through some danger . And it is good for Kings sometimes that their hands bee held . had Alexanders hands been held when he killed Clitus , hee had not offered to kill himselfe , nor should Calistines have needed to take such pains with him , to make him digest his griefe for it . If speeches could have prevailed with the Courtiers , the Ministers had tried that way , but with bad successe : for they were accounted seditious and traiterous for their liberty and freedome therein . Wherefore there was nothing remaining but to remove them at what ever rate : and if his Majestie should take it ill for the present , future obsequiousnesse would make it appeare , that what they did , was in love and humilitie , and no wayes out of any treasonable or malicious intention , or out of arrogancy , pride , or presumption . The French Proverbe taketh place ; Il faut passer par la : there was no other way besides ; no audience , no accesse could bee had to him by any other means . So they conclude to joyne their pains , and to partake of the perill . The way resolved upon , was , to assemble themselves at Stirling with their Forces ; there to supplicate the King , and to make their declaration to the Countrey : to intimate their grievances and desires , with all respect to his Majestie , and with all evidence and plainnesse , against the Courtiers . For this end , the Earle of Marre and Master of Glams should bee sent for , and first finde meanes to take in the Castle of Stirling ( an easie taske for the Earle of Marre to performe , having his friends lying near to it , and the Towne devoted to his service ) then the Earle of Gowrie should goe thither ( who lay nearest to it ) together with the Earle of Athole , the Lord Oglebie , the Drummonds , and the Murrayes : Next to him the Earle of Angus from Brechin , to whom his friends would repaire out of the South parts , the Merse , Liddesdale and other parts : The Earle Bothwell , my Lord Lindsay , and diverse others of the Nobilitie were also on the party , and had promised to joyne with them . Being once Conveened , and having the affection of the Ministerie and Burrowes , they hoped to bee strong enough against these new mens owne power , assisted onely by their particular friends . If the Kings name were used against them , there behoved to bee a Convention of the Nobilitie , and Barons ; who would heare the Cause , judge impartially , and informe the King truely , without slattery or feare of the courtiers , whom they hated ; neither could they doubt of his equitie , and tractablenesse , when hee should understand how things were . So the businesse should end without bloud , and have a good and happy issue . And if the worst should come , yet were it better to die noblely in the field , then to bee hailed to the scaffold and suffer by the hand of the Executioner . Thus did they propose , but God did dispose of things otherwayes . Men know not the Councell and secrets of the Almightie , whose determination doth onely stand and come to passe . He had not ordained , that they should execute their designs , nor that they should die in the quarrel ; it was to be done by another way , and at another time : the cup of their iniquitie , was not yet full against whom they tooke armes . Wherefore they were disappointed at this time , which fell out thus . The Earle of Gowry was charged the second of March to depart the Countrey within fifteen dayes . Hee shifted and delayed ; this affrighted the Courtiers , or gave them occasion to seeme affraid , and to put the King into a feare and suspition , that there was some enterprise in hand against him : whereupon the Citizens of Edinburgh were made to keepe a watch about the Pallace . Gowrie made shew as if hee had intended to obey the charge ( contrary to the advice of his associates ) and that they might beleeve that his intention was reall , hee goeth to Dundie , causeth provide a ship , and make all things ready ; so that the Courtiers were not more affraid that hee would stay , then his Partners were that hee would hoise saile , and bee gone ; Especially , the Earle of Angus distrusted him , and was jealous of his dissimulation , being uncertaine whether it were with the Court , or with them that hee did thus dissemble . At last having trifled out the time , till mid Aprill , Colonell William Stuart came to Dundie , and having a small company with him , setteth upon him at unawares , and made him save himselfe in his lodging . Then having brought some pieces of Ordnance out of the ships , which lay in the Haven , being aided by the Townesmen ( to whom hee had brought a Commission , and warrant from the King ) hee began to batter the house ; whereupon it was rendered , and the Earle taken prisoner . By chance as this was in doing , a servant of the Earle of Angus , coming from Dalkeith by Dundie , and having seene all that had happened , made haste , and came to Brechen about twelve a clock of the night , where hee gave his Lord notice of what hee had seen . Hee arose presently , being much moved therewith , and sending for the Gentleman , whom hee had imployed to trie his minde before , made a heavie moane , bewailing the overthrow of their cause , and of themselves . Then hee asked his opinion what hee thought of it , and first told his owne , that hee thought it could bee nothing else but deceit , and coll●…sion , which hee had ever feared , and was now evident , that his going to Dundie ( contrary to his advise ) had no other end but this : and that his lingering proceeded from the same ground . For ( said hee ) how could the Colonell undertake to apprehend him with so small a number of men , if hee had not himselfe beene willing to bee taken ? If hee doubted , or distrusted the towne of Dundie , why did hee commit himselfe to them , or come in their power ? Why did hee not stay at Perth , where hee was out of all danger , till the time appointed were come ? Doubtlesse , hee hath betrayed us all , and hath coll●…ded to suffer himselfe to bee taken ; so to colour his unfaithfull dealing with us . It was answered , that hee could not approve his coming to Dundie , which hee ever disliked , and had laboured to disswade him from it , but could not prevaile : yet it seemed a hard construction to thinke that hee came thither of purpose to act a sained apprehending ; that his slownesse and lingering was well knowne to bee his naturall disposition , ( being another Fabius Cunctator in that point ) which hee had often found by former experience , and often contested with him for it . But to thinke him false in such a degree , or to imagine him to bee so foolish as to come in the hands of those Courtiers , with a crime lying on him , ( though but counterfeited ) it was such a point , that for his owne part , his opinion was , that he durst not do it , lest they should make use of it for his ruine , and convert a colluded crime into a true dittie , and so worke his death . But this could not satisfie the Earle of Angus , but still hee kept his opinion , that there was no realitie in that act of Gowries apprehending . And hee was the more confirmed therein , when he heard that the Colonell carried Gowry to the houses of his owne especiall friends , such as Weemes of Wester-Weemes , whose sonne offered to set him at liberty , and to take him out of the Colonels hands , and to goe with him himselfe , which hee refused to doe . Angus passed the rest of that night in great solicitude and feare , lest hee himselfe should bee assailed , and taken after the same manner , which had beene no hard matter to performe , hee having but a small family , and the Castle not being furnished with Armes , the Earle of Crawford lying hard at hand with his dependers , and that whole Countrey being evill affected to him . But whether the Colonell had no Commission to take him , or that hee did not thinke of it , and thought hee had sped well enough already by taking Gowry , is uncertain : but however it were , hee went away with the prey hee had gotten without attempting any thing against Angus . And yet for all that , Angus was not altogether secure , knowing well his danger , and the small power hee had to defend himselfe : for in the day time hee went abroad a hunting , that they might not know where to finde him : and in the night , hee caused his servants to keepe watch , that hee might not bee surprized unawares . Within three dayes after , the Earle of Marre sent to him , to let him know , that the Master of Glames and hee had performed their part of the worke , had taken the Castle of Stirling , and were ready to wait upon his coming , which they entreated him to hasten . There was no choice , they were his true friends , and hee was no lesse theirs : and they were resolved to runne the same hazard in that course , from which there was no retiring for any of them . Angus desired the Lord Oglebee , and Master Oglebee of Powrie , with others of that name , to goe with him . They were allied to the Earle of Gowry , and were well affected to the businesse , as also they were his owne vassals ; but being terrified with Gowries taking , and thinking that their joyning with the Lords would incense the Courtiers to take some hard course with him , and not knowing what his minde was herein , they refused to goe . Hee notwithstanding , goeth with his owne family , from Brechin to Stirlin , and avoyding Perth , he crossed the river of Tay , at that place where it meets with Almont by boat , and comes to Inshechaffray , where he lodged with the Lord thereof , but could not perswade him to take part with them for the same reason , when he came to Stirling he was kindly welcomed by Marre , and the rest that were there ; and presently dispatched away letters , and messengers to Douglas , and other places , for his friends and dependers to come thither to him , with as great speed and diligence as they could . He wrote also to Robert Douglas ( eldest sonne to William Douglas ) of Logh-leven to the same purpose ; but the letter falling into the hands of his mother ( her name was Leslie ) she tooke upon her to answer it after this manner . It is not enough ( saith she ) for you to undertake so foolish a worke , whereby you cannot but ruine your selves , but you would also draw my sonne and house to the same destruction : I have hindered him , and laid my curse and malediction upon him , if hee take part with you , like as I doe upon you , if you make him disobey me . This letter moved him very much , and he caused an answer to be returned to her according as it merited , which was thus . I can very well beleeve that it is your doing to keep backe your sonne from so honourable an enterprise , knowing his owne disposition to bee alwayes honourable and noble , and such as of himselfe hee would not neglect , his duety either to his friends , or countrey . The Noblemen that are conveened here , have entered upon such a course as becomes them , for discharging their duetie both to God and man : what the event will prove , is knowne onely to God , and in his hands alone ; if wee perish herein , wee cannot perish more honourably . Yet wee hope that God , in whom we confide , and whose cause wee have taken in hand , will worke out our safety , and accomplish that which wee intend for the good of his owne Church ; when you and your house ( for which you are so solicitous , with the neglect of the house of God , and of all friendly duety ) shall finde the smart of such carelesse indifferency , and perish ( as we feare , and are sory for it ) through such carnall and worldly wisedome and warinesse . And so indeed the event proved more answerable to this prediction then he wished : for the Lords escaped into England ( for that time ) and were safe in their persons , and within a yeere and a halfe , they brought their designes to passe , ( which were now frustrate ) by Gods blessing upon them : but her sonne Robert , and her son in law Laurence , Master of Olyphant , being commanded to depart the Countrey , as they were failing for France , perished at sea , and neither they nor the ship , nor any that belonged thereto , were ever seene againe , yet how it came to passe is uncertain . The most common report is , that being set upon by the Hollanders , and having defended themselves valiantly , they slew a principall man of the enemies ; in revenge whereof they sanke the ship , and all that were in her : Others say , that after they had yeelded themselves , they were hanged upon the mast . A pitifull case , but a notable example . The youthes were noble , active , and of great hope and expectation , and so great pitty of their losse . But it may shew us how little suretie there is in too great affecting of it ; as on the contrary , how perills are avoyded by hazarding and undergoing of perill . And their case is so much the more to bee pittied , and lamented ; as that they themselves were very unwilling to have followed such perverse wisedome , had they not beene forced to it by their mothers importunitie . The Lords proceeded as they could with their intended course . They caused set forth a Declaration , shewing their minde and purpose , together with the causes thereof , the abuses in Church and Common-wealth . They remonstrated what tyranny was exercised by James Stuart , under colour and pretext of the Kings will and pleasure ; how the Nobilitie , and men of all rankes , were vexed by him ; what mis-reports were made of them to their Prince ; what violence used against them ; what evils were presently felt , and what more were to be feared and looked for hereafter to ensue hereupon : The distraction of the hearts of the people from their Prince , and of the Prince from his people ; the blasting of the greatest hopes of vertue that ever was in a young Prince , and of his pietie , in the solid use of true Religion ; by working feare of the contrarie ; tyrannizing in government , and superficiall profession of Religion , yea of reducing Poperie , or ( which is worse ) of irreligion and Atheisme . They told how deare their Religion , their Countrey , their Prince was to them ; what their owne estate and condition forced them to ; what the care of all these required of them , out of dutie , in regard of their place , being Nobles , and Peeres of the Land , and Privie Counsellours by birth ; how every man , according to his place , was bound to lend a helping hand , but chiefly those of the Nobilitie , yet not excluding either Barons , Burgesses , or men of whatever degree , ranke , or qualitie , when the common Ship of the State was in hazard , and in danger of being overwhelmed and perishing , and when there was such a fire kindled as would devoure all , if it were not quenched in time . How they , for their owne part , after long patience , seeing all things grow worse , had now at last ( being driven thereto by necessity ) called to minde what duty , conscience , God , and the station wherein God had placed them , did crave of them : which was , to endeavour , that wicked Counsellours ( namely James Stuart , called Earle of Arran , chiefe Authour of all the mischiefe ) might be removed from about his Majestie , after such a manner as they could best doe it . And since no accesse was free , and no man durst or would undertake to present their supplications to the King , which contained a true information of his owne estate , of the State of the Church and Countrey , together with theirs ; therefore they had conveened in Arms , not intending any hurt to their Prince ( whom they ever had honoured , and still did honour , and whose welfare was their chiefe end and aime ) or to wrong any good subject , but for defence of their owne persons , untill they should inform his Majestie of that which concerned him , and belonged to them to remonstrate unto him , either in his owne presence , or by a publick Proclamation , that so it might come to his eares , which otherwise these wicked Counsellours did and would hinder him from hearing : and that so it might come to the knowledge of all men , and move the hearts of such as had true , honest , and courageous hearts , to concurre with them in that so honourable and necessary a worke . Wherefore they exhorted all men that they would not , through fearfulnesse , or a vaine opinion of obedience to the pretended command of a Prince ( who then was best obeyed , when God was obeyed , and wickednesse punished ; who did then truly reigne , when wicked Councell was removed ) withdraw themselvs by lurking , & abandon the common good , in hope to provide for their own particular safety , which was not possible for them to doe at any time or in any case ; much lesse under such a man could there be any security for any good and honest man , he being so violent , proud , tyrannicall , unjust , and such a profane mocker of Religion , who would not be tied to , or guided by any law or reason , but was carried away by his owne appetite and ambition , and who was more fit to be the executioner of a bloudy Nero , then a Counsellour to such a just and Christian Prince : farre lesse to be sole Ruler and Commander of the Kingdome under the shadow of his Majesties authority , having so abused and polluted his name , who was so honoured in his cradle , and admired through the world for his hopefulnesse , and great expectation of all princely vertues . Whoso truly loued him , ought to concurre and lend their aid to plucke him out of the jawes of these worse then wilde beasts , that so his estate , kingdome , honour , and person ( both in soule and body ) might be preserved . This was the summe and straine of their Declarations and Letters sent abroad to move men to joyne with them in this businesse , but all was in vaine : for despaire of doing any good at this time had so possessed the hearts of all men , that even the best affected did choose to sit still , and lie quiet . The Earle of Gowries apprehending had so astonished them , and the incertaintie how to construe it did so amaze them , that all his friends ( who should have made up a great part of their forces ) as Athole and others , absenting themselves , others fainted and held off . Even Sir George Hume of Wedderburne , a man both zealously affected to the cause , and entirely loving the Actors ( Marre and Angus ) as being tied to them by bloud , alliance , and particular intimatenesse of friendship , though he were acquainted with their proceedings from time to time , and being prisoner in the Castle of Downe in Monteeth , might easily have escaped from thence , and come to them to Stirlin , yet did he avoid all medling therein , and would neither receive nor send message concerning that matter : yea , they themselves were contented that he should doe so in that generall desertion , having gained nothing by their Declaration and Remonstrance , save the publishing of their Apologie , which was not necessary to friends ( whose approbation they had already ) and wrought nothing upon others . For though the King had a copie thereof delivered into his own hand ( which they greatly desired , that thereby he might know the naked truth of things , and be truly informed of the Courtiers carriage and behaviour ) yet did it produce no effect to purpose : neither did they make any use thereof , that was known , either to informe and perswade the King of the things contained therein , or to reforme themselves . Wherefore now their whole thoughts ranne onely upon this , how to come off , their lives safe , and reserve themselves to a better and more convenient time : so incertaine is the event of all humane enterprises . The Courtiers failed not to make contrary Proclamations in the Kings name ; the bare shew whereof ( though there were but very few that favoured them or their proceedings in their heart ) was of such force , that men conveened thereupon out of all quarters . It was made in the strictest forme , commanding all that were able to beare Armes , from sixteene yeares of age to sixtie , to assemble themselves , and to bring with them provision of victuall for thirty dayes , to march whither the King should be pleased to direct them . Hereupon Fran●…is Stuart Earle of Bothwell came with his forces to Edinburgh , where the King was : but he being brother-in-law to the Earle of Angus ( having married his sister ) the Courtiers did not like of his company , and so he was commanded to returne home againe to his house . He was indeed of the Lords faction , and so were many others who obeyed the Kings proclamation , who , if they had had hearts and heads , were enow of themselves to have taken order with the Courtiers . But being dasht with feare of they knew not what ( if they had considered aright ) they looked upon one another , and so were forced to guard those men whom they could have wished to be hanged . The Town of Edinburgh were commanded to reach out 500. Musketiers , which they did , and this was the Courtiers greatest strength , yet consisting of the vulgar , and such as had no obligation to binde their fidelitie to them , and ( if they had seen the Nobilitie & Gentry go about to take them in hand ) would not have made great opposition , nor have hazarded themselves for the Courtiers safety , in all likelihood . However , Colonell William Stuart is sent with 500. men to Fawlkirke , whereupon the Lords at Stirling went to a consultation to see what were best for them to doe . They had not with them above 300. men , which were their owne proper followers ; yet being resolute , willing , forward , and active Gentlemen , it was thought fittest by some to assaile him , and to punish his boldnesse and audacitie for taking such charge upon him , being but a meane Gentleman , to invade and come against the Nobility . Disdaine , anger , and courage seemed to approve of this resolution , that so his malapertnesse might be chastised and dashed . Neither were it without good use ; for if he were once defeated , the rest would make a halt , and not be so forward : that the first successe is of great moment , and might bring matters to a parley , or such as craved audience of the King to get it : that it was no hard matter to doe , he being accompanied by such as cared not for his personall safety , and had no tye to defend him with the hazard of their owne lives especially , but would be glad to have a faire excuse , and occasion to abandon such an one , in such a quarrell : especially if he were invaded in the night , the darknesse would excuse , and take away their shame of flying . It was argued of the other side , that night conflicts were subject to hazard , errour , and mistaking , as well on their owne side , as the enemies : and that it could not be performed without bloud , and that ( perhaps ) of the most innocent , whereas he himselfe , whom they chiefly aimed at , might escape : neither would the defeat of these few bring successe to the cause , the enemies forces remaining whole and entire in Edinburgh , which would guard and defend them : besides , by so doing they should be involved in a crime , and made obnoxious to the lawes , which as yet they were free of : that it were better to suffer the guiltie to goe unpunished for a while , then to spill the bloud of the guiltlesse : and seeing they could not thereby accomplish what they had intended , their best was to retire and withdraw themselves , with as great innocencie and modestie as they could , having done hurt to no man. This advice prevailed with them , and so they concluded to march in the night season toward Fawkirke , but so soone as they were gone out of the towne of Stirling , to take the way that leadeth to Lanericke ; the which they did accordingly , leaving the Castle of Stirling in the custodie of David Hume of Argatie . Being in Lanerick , as they were refreshing themselves , and baiting their horses , word was brought them that a Troup of horsemen did approach : whereupon fearing that it was Colonell Stuart pursuing them , they took horse , and sent Archbald Douglas ( called the Constable , because he had beene Constable of the Castle of Edinburgh in the Earle of Mortons time , as hath beene shewed before ) to discover what they were . Hee finding that it was Johnstoun ( who had beene sent for to Edinburgh to assist against the Lords , and was dismist upon their retreat from Stirling ) went familiarly to him , fearing no harme , so much the rather , because Johnstoun and Angus were brothers by their mother . But Johnstoun either fearing that notice might be given to the Courtiers , and he challenged thereof , if he should let him goe ; or to get thankes , and shew his forwardnesse to their service , layes hold on him , and carries him immediately backe to Edinburgh , declaring what way he came into his hands , and what way the Lords had taken , delivering also Archbald their prisoner to be used at their pleasure , not looking for such cruelty from them as he found . For they , partly to seale the justice of their cause by bloud , partly to make the greater alienation betwixt the brothers ( Johnstoun and Angus ) that being out of hope of reconciliation , he might be necessitated to cleave to their side : they thanke him in words for this his good office , and hang Archbald . The Earle of Angus , and the rest that were with him , being resolved to goe into England , tooke their way through Tweddale toward Branxton : from thence passing through east Tiviotdale , they entred England on that hand . Calso , where the Earle Bothwell remained , wa●… not farre out of their way ; wherefore as they passed by it , it being now night , hee came forth to them secretly , and had conference with them . Thereafter , as if hee had come to pursue them , there was a counterfeit chase made , and a counterfeited fleeing for the space of a mile , till they were on English ground . The next day they came to Berwicke , where they were received , and remained a certaine space . After their departure , the King went to Stirling with his forces , where the Castle was rendred by the Keepers , who forced the Captain to yeeld it absolutely , without condition of so much as their lives safe . So hee and three more were executed by the Courtiers suggestion . Here also the Earle of Gowrie was brought from Kenniel , and arraigned of high Treason , whereof being condemned by a Jurie , hee was beheaded . Neither did the forbearance of his friends to joyne with the Lords at Stirlin ( then in England ) procure him any favour ; whereas if they had joyned with them , and so strengthened their party , they might have terrified the Enemy , and obtained better conditions for him . Hee was executed the eight and twentieth day of April 1584. The points whereof he was convicted , were the fact at Ruthven ; and the late enterprise at Stirlin . His speech was short ; hee answered to the first , That he had a remission for it : and to the second , That there was no intention there against the King : onely they had purposed to remove those wicked men who abused him , and whose thirst of bloud hee wished that his death might quench . But they cared little for his speeches , and as little for his alliance , his Countesse being a Stuart of the house of Methven , toward whom and her children they shewed no respect at all , but used them with all incompassionate rigour and crueltie . For she coming to intreat for her self and her children ( in the time of the Parliament ) and having fallen down upon her knees before the King , shee was troden under foot , and left lying in a sound . From Stirlin they returned to Edinburgh , and there kept a Parliament the two and twentieth day of May , in which the Earle of Angus and Marre , the late Earle of Gowrie , and the Master of Glames , with divers Barons , and others their associats were forfeited ; the fact of Ruthven condemned , the order of Church-government ( by Presbyteries , Synodes , and Generall Assemblies , which had been received , and publickly allowed in Scotland , all men swearing and subscribing thereto , and the oath translated into divers languages with great approbation of forraine reformed Churches , and no small commendation of the King and Countrey ) forbidden and prohibited , and termed unlawfull conventions . And in place thereof the office of Bishops ( condemned by this Church as unlawfull , as an invention of mans braine , having no warrant of the word of God ) was reared up again and erected . Also Master Robert Montgomerie ( who had been excommunicated for accepting such an office ) was now released and restored to his place . There was strait inhibiting all men from speaking against these Acts , against the Kings proceedings , Counsellours , or Courtiers under highest paines . What shall the Ministers do here ? Shall they oppose ? That were to cast themselves into certain danger , and to expose themselves to the crueltie of cruell men , armed now with a colour of law . Should they keep silence ? hear with patience that order blaspemed , which they had approven , received , sworn to , and the contrary ( which they had detested , abominated , condemned ) set up and allowed , to their no small disgrace , and shame of the Countrey ; yea , to his Majesties discredit in forraine Nations ? and suffer a doore to bee opened to those corruptions , which had been kept out of the Church , both in doctrine & manners , by vertue of that order , which onely ( in their conscience ) was agreeable with Scripture ? This their zealous hearts could not endure : let all perill be silent , where conscience and Religion speak : let no enemy breathe out his threatnings , where the minde is set on God. So it came to passe here . For while the Acts were in proclaiming at the Market-Crosse of Edinburgh , the Pastours of that Towne , Master James Lowson , Master Walter Balcanquell , Master Robert Punt , taking their lives in their hands , went boldly and made publick Protestation against that Act of the erection of Bishops , as unlawfull , in many respects , whereof they took instruments . Hereupon they being menaced , to avoide their furie , Master Walter Balcanquell flees to Berwick , together with Master James Lowson : Thither came also after them Master James Carmichael ( Minister at Hadinton ) Master John Davison , and William Aird , Ministers of the Suburbs of Edinburgh , or some Churches neare to it : also Master Patrick Galloway , and Master James Melvin , with divers others of the Ministerie . Edinburgh being thus destitute of Pastours , Master Patrick Adamson ( Archbishop of Saint Andrews ) was brought to supply their places , and to maintaine the lawfulnesse of the office the seven and twentieth day of May , being Wednesday , which was an ordinary Sermon day , but on which the Courtiers were not ordinary auditours . But that day they would needs accompany their Bishop , and grace him with the Kings personall presence . Yet the people disgraced him by their absence ; they disdained to heare a Bishop , other than a Pastour , whose office is not ordained by GOD in the Scriptures , and was ejected out of the Church of Scotland ; wherefore being grieved to see this Wolfe in their true Pastours place , they go out of the Church and leave him to preach almost alone . Besides the common people , the Kings owne Ministers Master John Craig , and John Brand , also John Herriese ( with others ) preached against it , and were therefore summoned to appeare before the Councell the five and twentieth day of August ; where they were reviled and rebuked with bitter words , as sawcie and presumptuous fellowes : and being demanded how they durst speak against the Kings Lawes , they answered boldly , that they both durst and would speak against such Lawes as were repugnant to the word of GOD. Hereupon the Earle of Arran starting up suddenly upon his feet in a great rage , fell a swearing many an oath , and with a frowning countenance said unto them , that they were too proud to speak such language to the Councell ; adding , that hee would shave their heads , paire their nailes , and cut their toes , that they might bee an example to others . Then hee warnes them to compeir before the King himself at Falkland the foure and twentieth day of September ; where they were accused againe by the Earle of Arran ( then Chancellour ) for breaking of the Kings injunctions , in not acknowledging nor obeying his Bishops . To which they answered , that Bishops were no lawfull office of the Church , having never beene instituted by Christ ; and that therefore they would not obey them ; nor no person else that would command without warrant of the word of GOD ; assuring him that GOD would humble all proud Tyrants that did lift up themselves against him : as for them , their lives were not so deare to them , but that they would bee contented to spend them in that cause . Arran arising from his seat , and sitting down on his knees , sayes to them scoffingly ; I know you are the Prophets of God , and your words must needs come to passe ; behold now you see me humbled and brought low . Well , well , ( saith Master John Craig ) mock on as you please , assure your selfe , GOD sees , and will require it at your hands , that you thus trouble his Church , unlesse you repent . Then they were remitted to the sixteenth day of November , and in the mean time Master John Craig was discharged to preach . About this time ( in November ) Master James Lowson died at London , meekly and sweetly as he had lived . Edinburgh had been all this while destitute of Pastours , and did want preaching at sometimes for the space of three weeks . This was very odious amongst the people , and now ( Master John Craig being silenced ) they were like to want oftner than they had done : to remedie this , the Archbishop of Saint Andrews was ordained to preach to them , and the Towne-Councell ordained to receive him as their ordinary Pastour . The Councell obeyed , but the people would not heare him , and when they saw him come up to the Pulpit , they arose , and went forth at the Church doores . The Ministers every where persisted to oppose that office , and by common consent appointed a Fast to be kept the foure and twentieth day of October , whereof they publickly and advowedly gave out these to be the causes : First , to stay the creeping in of Wolves ( meaning Bishops : ) Secondly , that GOD might send true Pastours : Thirdly , that he would repair the breaches and decayings of the Church ( which had been sometime the Lanterne of the world : ) Fourthly , that he might remove the causes of this decay ( tyranny , and the flatterie of Courtiers . ) This was plainer language than pleasant , they behooved to be wisely dealt with . There are two wayes to deal and work upon men : by fear and by hope : by terrifying and flattering ; they used both these toward them . Wee heard how the sixteenth day of November was appointed for their compearance : many therefore were warned against that day from divers parts . When they were conveened , they were pressed to allow of the Act concerning Bishops ; and in token of their approbation thereof , to promise and subcribe obedience to their Ordinary . To move them hereto , they partly flattered , and partly threatned them ; saying , That all was well meant , and no hurt intended to Religion : Who was so well affected to it as the King ? Who so learned among Princes ? Who so sincere ? That he would respect and reward the worthy and obedient : And by the contrary , no Stipend should be payed to him that refused ; but hee should be deprived , imprisoned , banished . When all this could not prevaile , they devise how to temper and qualifie their promise of obedience , which was conceived in these words ; You shall acknowledge and obey Bishops , according to the word of God. This seeming a restriction and limitation ( as if the meaning had been that they should allow of , and obey Bishops as far as the word of God allowed , and ordained them to be obeyed ) many took it for good Coyne , and were so perswaded of it , that some said in plaine terms , Bring a Cart full of such Papers , and we will subscribe them all . For to obey such a Bishop in such a sort ( according to the word of GOD , that is , so far as the word of God commands to obey him ) is not to obey him at all : for the word of GOD commands not any obedience at all to such a Bishop : neither doth it ordain , acknowledge , or once name such a Bishop . Thus either truly deceived , or deceiving themselves , that they might redeeme their ease by yeelding , and cover their yeelding with an equivocation , they found that it was all in vaine ; for they were not admitted nor permitted to expound it in that sort ( whatsoever their meaning was ) but were forced to accept of the exposition which the Court and the Bishops did put upon it : who understood that phrase ( according to the word of God ) not as a limitation but affirmatively , wherein it was acknowledged that the word of God did command obedience to them ; and therefore they promised obedience according to that command . Notwithstanding of all this , divers stood out , and would no wayes be moved , neither by threatnings nor by promises to give the least shew of approbation directly or indirectly , by equivocation , or any other forme whatsoever ; but spake plainly against them , and prayed publickly for the banished brethren . Of these Master Nicholas Dagleish was one ; who thereupon was accused as too bold to pray for the Kings Rebels . He answered , that they were no Rebels , but true Subjects , who had fled from tyranny , and such as sought their lives by commanding them to doe against their conscience . Hee was empannelled , put to his triall by an assise , and was cleansed , in despite and maugre the Court ; so farre there remained conscience in men . But the Courtiers will not let him escape thus dry-shod ; they labour to finde a hole in his Coat another way : they search and finde that a Letter had come from Master Walter Balcanquell to his wife , which because shee could not well read the hand , shee had given him to read to her , and he had read it . Hereupon he is again put to an assise : and they , not daring to cleanse him , yet would they not finde him guilty , but desired him to come into the Kings will. Hee was contented to submit himself to the Kings pleasure ( for so much as concerned the reading of the Letter ) and so was sent to the Tolbooth , where hee remained three weeks , and was from thence sent to Saint Andrews . And thus went Church-matters ; In the civill government there was none now but the Earle of Arran , he lacked the name of King ; but hee ruled as absolutely , and commanded more imperiously than any King , under the shadow of the Kings authority , and the pretext that all that he did was for the Kings good and safety . Hee had gotten before the keeping of the Castle of Stirlin ; he behooved also to have the Castle of Edinburgh in his power . Alexander Ereskin ( Uncle to the Earle of Marre ) was Captain of it , hee must needs favour his Nephew and his Faction : wherefore it was taken from him , and given to Arran , who was also made Provest of the Towne . Hee was Chancellour of Scotland , and having put out Pitcairne , Abbot of Dumfermling , hee made Master John Metellane Secretary . Hee did whatsoever hee pleased ; if there were no Law for it , it was all one , hee caused make a Law to serve his ends . It was observed , that his Lady said to one who alledged there was no law for doing of what shee desired to have done ; It is no matter ( said shee ) wee shall cause make an Act of Parliament for it . If any man refused to do or grant any thing hee craved , they were sure to bee tossed and vexed for it ; even the chief of the Nobility . Athole , Cassils , and the Lord Hume were committed : Athole , because hee would not divorce from his wife , and entaile his estate to him : the Earle , or Master of Cassils , because hee would not give him a great summe of Money , under the name of a Loane : the Lord Hume , because he would not give him his portion of Dirleton . Also the Lord Maxwell ( then Earle of Morton ) was quarrelled , because hee would not excambe his Baronie of Pooke , and Maxwell ( his old inheritance ) for a parcell of the Lord Hamiltons Lands , which were now his by forfeiture . Many Lands had hee taken from many , but was never satisfied , ever seeking to adde possession to possession , which was not impertinently remonstrated to him by John Barton Goldsmith , a wittie and free-spoken man. Hee had directed this Barton to make him a Seale , and to carve on it his Coat of Armes duely quartered according to his Lands and Honours . This he did pretty well to his contentment , but he left one quarter thereof blank and void . Hereof when the Earle asked the reason , he answered , That there maybe room for the Lands your Lordship shall purchase hereafter . Hee took for his Motto , Sic fuit , est , & erit : meaning that it was an ordinary thing in all ages for meane men to rise to great fortunes ; and that therefore it ought not either to bee wondred at , or to be envied . And it is true , if the meane had been vertue and not wickednesse , which ever was , is , and will be both envied and hated , as it deserveth . His ambition was such ( amongst other examples thereof ) that Queen Elizabeth must needs bee God-mother to his daughter , whose Ambassadour was present at the Christening . His crueltie ( though conspicuous many wayes ) did appear singularly in the causing execute Master Cunninghame of Drummewhasle , and Master Douglas of Maines , his sonne-in-law . This Cunninghame was an ancient Gentleman , and of an old house , who ( himself in person ) had beene a follower of the Earle of Lennox ( the Kings Grandfather ) and had done him good service when he took in the Castle of Dumbartan , and Douglas of Maines was esteemed to bee one of the properest men in the Kingdome , and was a youth of good expectation : yet both of them were hanged at the Market Crosse of Edinburgh . The pretext was a forged conspiracie to have taken the King on a certain day at hunting , and to have carried him into England . Their accuser was Robert Hamilton of Inshemachon , who was ( as hee said ) himself upon the plot , or at least ( as hee said ) had been desired to bee of it by Master Edmiston of Duntreath . Edmiston being apprehended , related ; How they had plotted to bring in the exiled Lords on horses ( forsooth ) which had their eares , their maynes , and their tails cut , themselves being disguised , &c. A tale which was so unhandsome , toyish , and ridiculous , that no man did beleeve it , but esteemed it a foolish fable ; yet did they make use of it , to practise their crueltie upon such as they feared , and to make themselves a terrour to all men . To returne to the Earle of Angus , he and his associats were removed from Berwick to New-castle , in May. So it seemed good to the State of England ( seeing no appearance of their hastie restoring to their own Countrey ) to secure the Court of Scotland , by taking that thorn out of their foot , which was too near , and too pricking at Berwick . Besides , these banished Lords were not greatly liked of by the Lord Hunsden , then Governour of Berwick : for hee entertained correspondencie with the contrary Faction ; either out of his own inclination , or being directed so to do for reasons of State , or for both ; hee so inclining , and the State of England making use of that his inclination , that by him they might understand and make use of the mysteries of the Court of Scotland , and such as guided it . But our Courtiers being rid of the fear of the Lords so near neighbourhood , did the freelier vent themselves , and discover their wayes , and by discovering , bewray their wickednesse , and disgrace themselves . As they went to New-castle , they visited by the way , Lord John Hamilton , and Claud of Paslay ( his brother ) at Widdrington , the place of their abode . There had been some variance betwixt them , but now being all involved in the same case of banishment , it was to no purpose to entertain and keep in the sparkle of discord , and therefore they were reconciled . Being come to New-castle , they stayed there a while , not so much to enterprise any thing from thence upon any ground they had laid already , as to wait for any occasion that should be offered . Here did the Earle of Angus his kindenesse and bountifull disposition toward all men plainly shew it self . For hearing that the Ministers were come to Berwick , hee caused a Letter to bee written , and sent to them , from them all in common ; and hee himselfe wrote particularly to them besides , and caused the rest of the Nobilitie to write also their private Letters , wherein many arguments were used to perswade them to come to them . Especially hee wrote very earnestly to Master James Lowson , and Master James Carmichael , not neglecting any of the rest , fitting his argument according to his acquaintance and relation , and according to the persons of the men ; pretending some such cause and necessitie of their coming , as hee thought would bee most effectuall to move them ; but the true cause which moved him to send for them , was , because hee thought they all stood in need of supply in necessaries . Besides , hee caused one that was with him , whom hee knew to bee very intimate with Master . James Lowson , to write to him for the same effect ; and to tell him , that hee longed to see him : and when Master James excused himselfe , alledging that hee behooved to stay at Berwick , because hee expected some things from Scotland , hee would not accept of his excuse , nor of the interpretation thereof , ( that hee meant of Books that were to bee sent to him ) but caused returne him answer , that hee took it ill that hee should think to lack any thing where hee was . Wherefore hee entreated him to make haste to come to him , by doing of which , hee should do him a singular pleasure . Hee dealt even so with others also , and sought pretences to put curtesies upon them . David Ereskin Abbot of Drieburgh , being an exceeding honest , modest , and shamefast man , and who had ever been readier to give , than to take from any , and Angus fearing that hee would not ( out of his bashfulnesse ) take any curtesie directly from him , found out this way to fasten it upon him . Hee pretended that hee had some Tithes of Lands in Tweddale , which belonged to his Abbacie of Drieburgh , for which hee did owe him some arrearage duties and meales , which hee would needes pay him , and under that colour gave him what he listed to take , without acquittance . The Ministers were for a long time wholly maintained by him , and he extended his liberalitie , not onely to supply their necessities , but even to furnish them with what Bookes they desired to buy . And indeed there was no man that wanted in that company , who did not taste of his bountie . At last when all was gone ( for it could not last alwayes ) hee said to one with whom hee was pleased to bee familiar , with a chearfull countenance ; Now it is gone , and fare it well , I never looked that it should have done so much good . Meaning , that being acquired by more rigorous exacting than either hee himselfe could allow of , or the common people took well , by the Earle of Morton in his Regencie ( for this was his treasure , at least that part of it which came to his hands ) hee doubted whether it should have had such a blessing as to have done so much good to so many honest men . Neither was this lavishnesse in him , or superfluous waste so to bestow it , in regard that their English allowance was spare enough , and oftentimes very slowly furnished unto them : So that having occasion to use moneyes , and not knowing from whom to borrow any , hee was forced to employ one of his followers to borrow from Master Archbald Douglas on his owne credit ( for my Lord himselfe would not be beholding to him , nor use him so familiarly ) two hundred pounds Sterling , which hee lent very courteously upon the Gentleman 's owne Bond , knowing well enough that it was for my Lords use . This was repayed to him when their allowance came in . While they remained at New-castle , Master John Colvill was sent to attend at Court about their affaires , partly because of his acquaintance there with Secretary Walsinghame and others ; partly by the advice of the Master of Glames , whose opinion and recommendation the rest did much respect . He fed them with hopes ; and upon occasion of the preparing and rigging forth the Queenes Navie , hee did insinuate by his Letters , as if there had been some intention to have sent it into Scotland for their behoof , which some did beleeve . But they could not perswade the Earle of Angus of it , he esteemed it but a dream , as it was indeed no other . When that hope was vanished , and there was no ppearance of any thing to be done of a sudden , one ( whom he was pleased to use familiarly ) seeing no great use of his remaining there , told him , that he had a desire to go to London , being loath to spend that time idlely , that there he might the better advance his private studies and exercises , as in a place more fit for bettering himselfe therein . Hee most willingly and lovingly consented to the motion , not onely to satisfie his desire herein , but having a reserved intention to imploy him in their common businesse , as occasion should serve , or at least in his own particular to his particular friends ; which purpose he concealed then , but shewed it afterward . Hee had almost over difliked Master John Colvill , and did many times in private complaine , That hee could not finde that sinceritie in him which hee wished , and which ( he said ) was seldome to bee found in any such as hee was , who had left the Function of the Ministerie , to follow the Court and worldly businesse . And for him in particular , he said , hee was a busie man , thrusting himselfe into all affairs ; and who sought onely his particular ends in doing of publick businesse , without sinceritie or uprightnesse ; which ( sayes hee ) when it is wanting , I know not what goodnesse can bee in him ; and if it bee not to bee found in the world ( as they say it is not ) I know not what can bee in the world but miserie . For mine own part , my heart cannot like of such an one , nor of such dealing . It is true , hee hath traffiqued with the States-men of England , and others think fit to use him , neither will I contest with them about it , but truly I have no delight in such men . But this was after at Norwich . For that time hee said no more , but desired him to write often to him , both concerning businesse as hee could learn , and other things , as hee should also write to him upon occasion . This was performed on both sides , after such a private and secret way , as they agreed upon before their parting . For howsoever there was nothing passed betwixt them , but what might have endured the censure of any man , yet was it not fit that every man ( into whose hands their Letters might have falne ) should know all that was written familiarly betwixt them , though the matter were never so good , sincere , and unblameable ; in regard that many are incapable of things , many not able to discerne or judge of them , many contemners and mockers , many of a different , and some of a contrary minde and judgement . If these Letters were extant , there were nothing more fit to shew the Lineaments of his minde and most inward thoughts , and to represent to the life his true disposition , without all mask of dissimulation ( from which he was ever free ) or shadow of ceremonious reservednesse , which even the best men ( for some one respect or other ) are forced to draw over their inclinations , and wrap up , and obscure their meaning in it at some times , especially in publick . Besides , they would also conduce to cleare some historicall points more fully , which neither can ones memory serve to do , nor can any other ( now alive ) supply so certainly and unsuspectedly . Now wee can but grieve for this losse . To supply which defect ( so farre as they can doe it ) wee will set downe one or two of those that were written to him , which being answers to his ( and containing so much of them , as that the summe and substance of them may bee gathered from thence ) will beare witnesse of his Noble , and Honourable disposition . The first was written in October ( one thousand five hundreth eightie and foure ) the first yeare of his banishment to Newcastle , where hee still remained as then . Please your Lordship , I Received your letter dated in September . Master James hath promised to seeke out those bookes of which your Lordship wrote to him ; and is in good hope to come by some of them , though it bee harder to finde them out then it was not long agoe . Other things I hope your Lordship is advertised of at length , by Master John Colvill . What bookes these were , and what Master James this was is quite forgotten , save that it would seeme to have beene Master James Carmichael , whom hee imployed in things of this kinde for most part . But this being onely for show ( that the paper might not seeme blanke , if it had fallen into such hands as would have opened the letter ) the maine businesse was written in such darke and unperceiveable manner , that none could reade it , but such as were acquainted with the wayes thereof . And thus it was : I have read your Lordships letter , and am very glad that my opinion did so jump with your Lordship concerning that point , whereof you wrote that you have not beene forgetfull , and that you minde to hold your ground as neare as can bee , from which you thinke that other matter to bee so farre different , and so contrary to all reason , that no man ( as you beleeve ) will propound it to you directly . That which made mee feare that it would bee propounded ( besides the speeches sounding that way ) was the end of your Lordships letter ( written before ) wherein you make mention , that some thought it necessary for your cause , that yee should enter with them into some strait , and indissolvable bond . This I tooke to bee a mean to trie your Lordships minde : First , in that generall , that afterward they might come to the particular , which would bee , that the best way to make it strait and indissolvable ; were to have it of your Lordships hand-writing . For as concerning the lawfulnes thereof , it did seem to some unlawfull ( as I wrote to your Lordship at greater length ) and I had heard also generally that there was some scruple made by your Lordship to enter into bond with them . And because ( if I be well remembred ) before your comming from Scotland , you were resolved to receive them into the societie of that common action , and to compose any particular of your owne which you had against them ; I did the rather thinke that some new occasion had occurred , which had made you nice and difficult to it now . And if I have failed in my conjecture of the cause , it is no wonder that ( not having knowledge of the particular circumstances whereof you now write ) I lighted upon that which seemed to me would breed greatest difficultie in this . If it be not so , I am contented to be deceived , & could wish that every mans minde that shall have hand in that action , were as upright as your Lordships , then we might hope that it would prosper so much the better . However , I cannot omit to put your Lordship in minde of this generall caveat , to take heed , and have a care , that whatever bond be made , it may bee perspicuous , cleare , plaine , and as particular as may bee : for the more particular it be , it is the better for your Lordship , who meaneth uprightly , and for all others that have the same meaning , and who doe desire that their upright dealing may be evident unto all men . It will also ( being such ) bee lesse obnoxious and subject to the calumnies and sinister interpretation of the adversary and enemies , who may seeke to traduce your Lordship , and make you odious thereby . It will likewise bee freest , and not lyable to the sinister glosse , and wrong interpretations of those , who shall bee bound by it , if they should ( perhaps ) hereafter seeke any evasion or subterfuge to frustrate it , and make it void through the generality or ambiguitie thereof . And by the contrary , where a bond is couched in obscure , generall , and doubtfull words , it is both more easie for them , who list to deale after that sort , to elude it by some wrested construction ; as also for such as would calumniate your Lordships intention , to finde greater colour to doe it . Concerning which purpose , I remember a distinction which the Earle of Gowry made , upon occasion of the bond which your Lordship remembers was presented to him to have signed it : It is ( said hee ) very good , and well penned , but it is too prolixe to be a Bond , and too short to bee a Proclamation , or Declaration : for a Bond ( said hee ) ought to bee short , and generall ; but a Proclamation or Declaration , would contain the particulars . I was then , and still am of a contrary minde : for I thinke a Bond should bee cleare , and speciall , and contain the causes of their binding ; and that a Manifesto or Declaration should bee conformable to it , and the very same in substance and effect , having the selfesame reasons and narration ; onely it ought to bee amplified with admonitions and exhortations , which are not proper nor pertinent for a Bond. And I beleeve no man can shew mee what inconvenience can follow upon the prolixitie of a Bond , unlesse it bee the greater pains of the Writer ; which is recompensed with this great advantage , that being drawne up at large , it needeth no other Expositour , or Pleader for it , but doth expound and justifie it selfe . And your Lordship knoweth what great necessitie and neede there is of this circumspection in this case , that the very band it selfe be an exposition and justification of it selfe , into whose hands soever it shall happen to come . For its owne interpretation of it selfe cannot be rejected , when no other will be admitted to expound it . For this purpose let them that please reade and consider the Memorials of France , of the Low-Countreyes , and of Germany in the beginning of their Reformation : they shall see that the tenour of all these bands , containes ample declarations of the causes wherefore , and the reasons moving them to joyne themselves together in that kinde of association , as also for what end they did it , so that no Declaration can bee more large . But I did declare my opinion to your Lordship in the like matter long agoe ; and I doubt not , but , if it shall please your Lordship to weigh and consider it , you shall easily finde how necessary it is ( for many respects ) that into whatsoever band you enter , it be cleare and particular . Whereas it pleases your Lordship to write , that if you can finde a fit occasion ( whereof you also have some hope ) you will cause employ me here , and withall you adde ( That none should refuse to further the businesse all they can ) I am not so ignorant , or forgetfull of my duty , as either directly or indirectly to refuse that service , or any other your Lordship shall be pleased to command mee . But I see there are divers others who seeme to be so diligent , that my paines will not be very needfull , as I doubt not but your Lordship knowes sufficiently . When it pleases them at any time , in halfe words , and darke speeches ( like parables ) obscurely to signifie ought to me of the State of businesse , they appeare and seeme to mee so deepe and profound mysteries , as I can no wayes understand or know what to make of them . Wherefore I am very well contented that I am free of them , and to be a beholder of all , leaving the managing thereof to those who know these obscure grounds better , and like better of them , then ( it may bee ) I should doe , in regard of their deepnesse . I had rather employ my time upon other thoughts farre more pleasing to mee ( where dutie rightly considered calls mee not from them ) then businesse of that nature . They are not desirous of any companion or copartner in their travels , nor am I desirous to encroach upon their labours , or the labours of any man , or to bereave him of the fruit of his paines and industry , by intruding my selfe thereupon , and to bee a sharer with him in the good successe of his endeavours , if they shall happen to bee successefull . And as little am I willing ( if there be no appearance of the prospering of it ) to take the worke out of their hands , which is ( perhaps ) marred already ; or to enter in at the broad side , upon grounds already laid by them with this State , wherewith I have not beene ( as yet ) so throughly acquainted as were needfull for one to prosecute their worke dexterously , and to purpose . However , I doe not speake this to prejudge your Lordship , or that I meane to shunne any burden you shall bee pleased to lay upon mee , and I am able to undergoe ( whatever it be ) but onely to tell my minde freely , that I had rather ( if it were in my choice ) your Lordship would employ me in any particular of your owne , which might give me occasion to visit master Secretary ( for your Lordship knows how ill I can trouble any man without an errand ) and if upon that occasion he should happen to speake of the publicke businesse , I should manage the opportunity the best I could . However , my dutifull service ever remembred to your Lordship in what I can , in this mind and disposition ( which your Lordship knows and leaving you and all to be rightly managed by that God , who certainly can , and assuredly will manage all things rightly , in whom I rejoyce alwayes to see your Lordship so depend , I rest in him , &c. The other Letter ( the onely extant of many ) was written long after from London also , but to Norwich , whither he was then come from Newcastle . It is dated the 20. of March following , in the yeare 1584. Please your Lordship , SInce the writing of my other , the Earle of Lancaster hath beene ( most part ) from Court at his owne house . On Saturday hee returned , and I attended all that day , and the next day ( till 12. of the clocke ) but in vaine . At last , when he came to Westminster , I got speech of him with great difficulty in the Councell chamber , by the meanes of one master Baptist ( one of his chiefe Gentlemen ) who professeth to love your Lordship entirely . I delivered your Lordships Letter to him , and declared the credit : it was courteously received , with many loving words concerning your Lordship : That in that , and all other things , he would doe for your Lordship what lay in his power : that his affection to your Lordship was no whit changed , but remained the same that it was of old , and that it should appeare he was no lesse carefull of you then he had beene before . I went after that to Sir P●…ilip Sidney , who so soone as he saw me , ( of his owne accord , before I spake to him ) told me , That he had not beene unmindfull of your Lordships businesse ; that he had spoken of it to Leicester , and the Secretarie , and that he would not forget it , but doe in it all that could be done . I wrote to your Lordship before , what cold hopes I had to speed herein , and the cause thereof . Now I am put in better hope by divers : That your Lordship shall be licensed to come up , and that the Ambassadour will insist against you , concerning which matter I shall shew your Lordship farther ( God willing ) at meeting . He is gone this day to Court upon occasion of Letters which hee received on Saturday at night : what they beare I have not yet learned . Onely I heare no word of any alteration or stirring in Scotland , as it was reported , save that in the generall there is an universall feare and envie at Court amongst themselves , and in the Countrey every where , of every man against his neighbour . However it bee , if I bee not mistaken , this motion ( of your Lordships comming up hither ) is occasioned by these last Letters : and yet it is said even by some of their favourers , that they thinke verily that your Lordship hath great wrong done unto you : which speeches argue but small hope to prove , yea , or to colour their pretended accusations , and that they diffide and distrust , that they shall be able to doe it . And most men thinke , that if there bee nothing wrung out of John Hume , by some one means or other ( as there is no cause to doubt of the Gentlemans honesty and constancy ) they will have no subterfuge for their false allegations , which must needs tend to your Lordships good and honour , clearing your innocency , and confuting the calumnies of your enemies . I received a letter , by Master James Melvine , and Master Walter Balcanquel , ( who arrived here on friday last ) declaring the couragious and constant death of Maines , who gave testimony of your Lordships innocency and loyall affection to his Majestie , by his last words . There was no other new matter of importance in it , being dated the 18. of February , not long after your Lordships coming from Newcastle . But I shall have no more intelligence that way ; for the Authour is forced to flee hither , having been searched for , and escaped narrowly . Hee was delated by the confession of William Jafray ( my brother Wedderburnes servant ) who being booted , confessed he had delivered him a letter from me . It is done by Manderston , to make it reflect upon my brother ; and he ( to recriminate ) hath accused his son George ; and it is thought he will be able to prove it by George Hume of Cramnicrook : John Johnston is also fled , and great summes of money offered for him : this other letter will shew what comfort I may expect from Scotland ; or he , who is now in the same case . There is sure word from France , that the Duke of Guise is in the fields with an Army of 30000. or 40000. men : some say against the King ; maniest , against Navarre , or Geneva . So ceasing to trouble your Lordship , I rest , &c. Out of these may be seen the honest and honourable dealing , together with the right and loyall disposition of the Earle of Angus , whatever hath been set abroche or intended by any other : as it is clear there have been some other motions made to him , which his heart could not incline to , nor his minde dispense with . For certainly , this feare could not arise without some great occasion ; and what it hath been , or whether it did tend , as also who are likeliest to have been Authours of it , though it may be conjectured in some sort probably , yet I will leave it to every mans consideration of the circumstances and persons who were upon this course of joyning together . For my taske being at this time to draw , ( though with a rude hand ) as I can , the true draughts of this Noblemans minde , whom I have now in hand : I could not omit this piece , whereby ( though there were no more to bee found of him ) this generall may appeare , that duetie , justice , and vertue , were the men of his counsell , and the square by which hee ruled all his actions , from which , no extremity or hard estate , could ever divert him or drive him away ; but to touc●… upon any other man , or glance at any thing which might rubbe a blot upon any , is besides my purpose , and no wayes incumbent to mee . But to returne , it fell out with them according to this last letter : for as they were removed from Berwick to Newcastle , to secure the Scottish Court ; so Newcastle being not so farre from Edinburgh , but that within twentie foure houres ( or little more ) they could have been there upon a necessary occasion , the Courtiers were put in feare by others , or faigned and imagined feares to themselves , for taking away of this ( suggested , or apprehended ) feare , as they had been removed from Newcastle to Norwich ; so now they are brought from thence to London , as was pretended , to answer to the Embassadours accusation , but indeed , to advise with him of the way , how they might be restored to their Countrey , and the Countrey rid of Arran , who was now become odious both to Court and Countrey . It is a true saying , That there is no society amongst Pirats without Justice : for if the Arch-Pirate take all to himselfe , or if hee divide not the prey equally , the rest will kill or forsake him . The Earle of Arran knew not this rule , or regarded it not : for in parting of the spoile of these Noblemen , their lands , their goods , honours , government , and places of Command , hee dealt them unequally ; drawing most to himselfe , and in Councell and guiding of the State , he was the onely figure ( or number ) and the rest were but ciphers and instruments to execute his decrees . There were then at Court ( of greatest note ) the Master of Gray , a near Kinsman to the late Earle of Gowry , and of the ancient Nobilitie , who did hate and disdain Arran , for that he had beene Authour of the death of his deare friend , seized on his lands , and did presumptuously take upon him to govern the whole Countrey alone , being but newly raised to bee noble . There was also Sir Lewis Ballandine ( of kinne likewise to Gowry ) an ancient depender on the house of Angus : and Master John Metallane ( Secretary ) who had beene indeed an enemy to the Earle of Morton , and was well contented that Arran should be imployed to work his ruine ; but he could not away with his peremptory , and absolute domineiring . These were the actours and great instruments of his fall : Gray , directly , and of purpose , the other two by conniving and being conscious to the plot , yet so as they would have seemed not to know of it , and they did rather give way to it , then worke it . They all thought it reason , that they should ( at least ) have their share of the spoil in a fit proportion ; but they could not have it any wayes proportionable to their esteem of themselves . There was besides these , Francis Earle Bothwell , who ( amongst other causes of discontentment ) was grieved at the banishment of the Earle of Angus , his Ladies brother . Alexander Lord Hume had been discarded for being thought to be his friend : Sir George Hume of Wedderburn , and Sir James of Coldenknowes were knowne and professed friends to the Earle of Angus : and Wedderburne was of kinne to the Master of Glames , and allied to the house of Marre . Robert Carre of Cesford was also of the party , what out of love to Angus , what for emulation with the house of Farnhaste , who were on the other faction . His Uncle the Provest of Linclowdan ( Douglas to his name ) was a speciall stickler in the businesse : hee was very familiar and intimate with the Secretary ( Metellane ) who without his advice did almost nothing . But above all , the Lord Maxwell ( made Earle of Morton ) entred into open hostilitie : for being charged to compeare , he disobeyed and refused ; and by intelligence with the banished Lords hee levied souldiers , slew one Captain Lammie , that was sent against him , with his companies , whom Johnston did assist . Hereupon a Proclamation was set forth in the Kings name , that all that were able to beare armes , should come and follow the King , who was to pursue him in person the 24. of October . These and many others ( and indeed the whole Countrey ) agreeing in this conclusion , that Arran was to bee removed from the helme of governement , which hee steerd so ill : the Master of Gray was sent Ambassadour into England , and had broken the businesse with the Lords concerning their returne , and his removeall . Now Sir Lewis Ballandine is sent up Ambassador with Commission to accuse them of a conspiracy , detected by Duntrethes deposition : Hereupon they are sent for from Norwich , to make answer to it . The Master of Glames being of greatest age and learning , they made choice of him to plead their cause before a certain number of the Councellours of England , deputed by the Queene to heare and judge of it . Their owne innocencie , the abilitie of the pleader , and the favour of the Judges meeting together , made them to be easily absolved , notwithstanding , that the Ambassadour did his best in framing , and pressing his accusation to the full , to discharge his Commission every way . It is a pretty sport to consider the proceedings of the world , and what masques and vizards men doe put on sometimes to cloake their designes . With what respect and reverence did they carry themselves towards my Lord Ambassadour ? and with what strangenesse and aversation did he looke upon them ? One day as the Earle of Angus was walking into the fields for his recreation , he encountered the Ambassadour coming from Tuttle-fields in a narrow lane , ere he came near , he espied him , and knowing it was he , hee called to his servants to give way to my Lord Ambassadour , and he himselfe standing aloofe with cap in hand ; made a low reverence to his Lordship as he passed by . The Ambassadour again acted his part finely , remembring his place , the person hee represented , and the errand for which he was sent ( to be his accuser ) with a countenance which did beare anger and grief in it to see the Kings rebells , hee turned away his face , and would not so much as looke on that side of the street , notwithstanding that hee both loved and honoured him in his heart , and was even then laying the ground-work of his restitution . Hee being gone home , the plot went forward in Scotland . England was no better affected toward Arran , then his owne Countrey was : they did altogether dislike of him , and suspected his wayes , they conceived that he did prosecute the Guisian plots begunne by Obignie , and which had beene interrupted by his disgrace , and discourting . And yet they acted their part also , bore faire countenance and correspondence with him , and he with them , but all was but dissimulation , and like a stage play . The Lord Hunsdon Governour of Berwick , and Warden of the Marches on that hand , paid him home in his owne coine , and entertained a shew of friendship with him , but no more . Divers meetings they had upon the borders , and many fair promises were made by Arran , to keep back England from favouring or aiding the Lords : That the King should bee at the Queens devotion , that he should follow her advice in all things , that hee should not marry without her consent , and that hee should make a league with her , offensive , and defensive . The Master of Gray , Ambassadour , had promised so much , but when the English urged the performance of it , it was a jeast to see their fine shifting . The Master of Gray put it upon Arran , Arran upon the Master of Gray , and the King professed that neither of them had warrant or direction from him to say any such thing , and therefore he was not tied to make it good : they were too sharp and quick sighted not to see through greater clouds . In the mean time it fell out at a meeting of the Wardens of the middle-marches , that Sir Francis Russell ( sonne to the Earle of Bedford ) was killed , whether by chance or of set purpose , is uncertain . This did alienate them from the Courtiers , and joyned them to the Lords , whom they knew to be honest , true , and trusty , and therefore they wished well to them , and helped forward their interprise endirectly all they could . While matters were thus in working , the Lords remained still at London , and were lodged at a place appointed to them ( called long-ditch , near Saint James Parke , whither the banished Ministers resorted , and kept continuall exercise of preaching , praying and fasting ( on occasion ) in a private manner , without ostentation or notice thereof in publicke , being done within their lodging onely . There was a motion made to the Counsell of England , that there might be a particular Church allowed , and allotted unto the Scots , as the French , Italians , and Dutch , have their Churches apart : but it was not granted , they being unwilling ( apparantly ) that being of one language , our discomformitie with their ceremonies should appeare to the common people . This grieved us greatly , and especially Master James Lowson , who partly for that , partly because of a letter written to him from the towne of Edinburgh , ( in which they did unkindly reproach his flying into England as a desertion , and did renounce him for their Pastour , calling him a Wolfe , who had fled without just cause , and had joyned himselfe with rebells , and such other calumnies , as Bishop Adamson had endited , and caused the Provest and towne Counsell signe ) he sickned and died , being much lamented , both of English , Scots , and all that knew and were acquainted with him . Notwithstanding that they could not obtain a peculiar Church , yet the Lievetenant of the Tower , being acquainted with some of our Ministers , he desired them to preach in his Church within the Tower ( which is a priviledged place , and without the jurisdiction of the Bishops ) and many of the people came thither to heare them . Amongst other exercises , Master Andrew Melvine read Lectures in Latine upon the old Testament , beginning at Genesis , which were much frequented ; and the Earle of Angus was a diligent Auditour , and a painfull repeater of them for his owne use and contentment . But now the negotiation of their returne being farre advanced , and come even to the maturitie and full ripenesse , Angus , Marre , the Master of Glames ( with a few on waiters ) take post from London , and came with all expedition to the Borders . They had composed their differences with the Lord Maxwell , and the Lord Hamilton , and so all were to joyne in the common businesse , with one heart and hand , as one man. Before Angus came from London , he wrote to his friends in Scotland after this sort : You have now knowne by M. John ( Colvill as I think ) that wee stay here only till wee receive n●…w advertisement from the Provest of Lincluden , in name of the rest of our friends that should joyne with us in that Countrey ; after the receit whereof we mean not to stay , but immediatly to come down ; wherefore be ye not unready , seeing others will be forward enough , as we beleeve . At our first coming we mean to be quiet two or three dayes , in which space I mean to speak with some principals , and by their advice to go more plainly to our purpose . This State will not seeme openly to know our designes ; but wee are to receive some help of Moneyes , for so it is promised . Sir William Russell shall also joyne with us as a male-content , having been of late ill used by that State ( in killing Sir Francis ) but not as having any command so to do . If matters go on , we minde to enter on both hands . Hamilton and Maxwell shall enter on the West-borders , Angus ●…nd Marre at the East , with such as will joyne with them there . Thus did it please him to speak of himself in the third person , howbeit it was written all with his own hand . But Sir William Russell did not joyn with them . Angus , Marre , and the Master of Glames came to Calsoe , and remained there with the Earle Bothwel two or three nights . Thither came the Lord Hume , Sir George Hume of Wedderburne , and others of their friends ; and with common consent from thence they went to Jedbrugh , where they made their coming known , and professed their intentions . Upon the report hereof , Colonell Stuart was sent against them with such forces as he could get , and came to Peebles ; but he found that he had not to doe with irresolute and lingering folks , as the Earle of Gowrie , nor with such deserted and abandoned men as had fled from Stirlin , and therefore he retired in due time , to tell tidings of the certainty of their coming . They took their journey toward Hamilton , and there joyned the Lord Hamilton and the Lord Maxwell ; and so altogether marched to Fawkirk . They caused publish Declarations every where , containing their intentions , and justifying their proceedings , which are set down word by word in the History of Scotland , written by Holinshed an English-man ; who pleaseth , may read it there . The summe is not unlike to that which was made before at Stirlin ( when they fled to England ) onely such things were added thereto , as had fallen out since then , in the time of their abode there . As namely ; First , The proceeding by cruelty under the shadow of the Kings name , whose Predecessours did commonly labour to winne the hearts of his Subjects by clemencie : Secondly , The executing , imprisoning , banishing ( by wrested Lawes ) the worthiest , most ancient , and the most faithfull ( to GOD and the King ) both Noblemen and Barons : Thirdly , Acts and Proclamations published , inhibiting Presbyteries & other exercises , priviledges and immunities allowed by Parliament , or practised and permitted by laudable custome of the Church , without which , purity of Doctrine , & the right form of Ecclesiastical discipline cannot continue : Fourthly , compelling & forcing the most learned and most religious men , and such as were of most entire life & conversation , & of most sincere conscience , to forsake their Countrey ; or inhibiting them to preach , and defrauding them of their Stipend , by violence : Fifthly , the entertaining of Jesuites , and executers of the Decrees of the cruell Councell of Trent : Sixthly , obdurate Papists having place in Session , and honest men removed , an evident proof and presage of intention to root out the true Religion : Seventhly , the thrusting of Magistrates upon Burrows ( contrary to their priviledges ) which were neither free of the Townes , nor fit to discharge the place in their persons : Eighthly , the secret practices of James Stuart , and the Colonell , to turne the love and amitie which hath been now of a long time entertained with England ( very happily ) into open hostility , having had intelligence with such persons as sought the Queen of Englands destruction : a point confessed by divers her Rebels , executed in England , and which appeared by the slaughtering of the Lord Russell , a man noble in birth , honourable by vertue , zealous in Religion , of great expectation , and a speciall friend and lover of Scottish men , notwithstanding that they had made shew of the contrary for certaine moneths , and had pretended to enter into an offensive and defensive League with her . The conclusion was , Wee command and charge in our Soveraigne Lords name ( as his born Counsellours , who are bound in dutie to be carefull of his welfare , honour and reputation , for which we have our Lands and Inheritances ) all and sundry his subjects , to further and assist this our godly enterprise , to concurre with us , and so to give testimony of their affection to the true Religion , his Majesties welfare , and publick peace and quietnesse of this Realme . It contained also certification , That such as should attempt any thing to their contrary , yea , that did not take plaine and open part with them , should bee reputed as partakers of all vice and iniquitie , as assisters of the said treasonable Conspiratours , ( James and William Stuarts ) and enemies to Religion , to his Majestie , and Authoritie , and to the publicke quietnesse of the two Realmes , and should bee used as such , in body and goods . Commanding all Justices and Magistrates , as well the Lords of the Session as others , Sheriffes , and whatsoever inferiour Judges , to administer justice , for the furtherance hereof , as they would answer upon their allegeance and highest perils : with the like certification to them also , if they failed herein . They staid at Fawlkirke that night , being the second day of November , and kept strong watch , being within five miles of the enemy . It was observed with great disdain , that the Lord Maxwel , who had the charge of the hired souldiers that were put on the watch , and so the choyce of the watch-word , gave it , Saint Andrew ; as smelling of his superstitious disposition , and which was a blemish , and contradiction ( in a manner ) to their declaration , wherein they professed to stand for the true Religion . But it was rather privately grudged at , than publickly reproved . On the morrow there came a message from the Castle of Stirlin , as from the King to the Earle Bothwell , whereby he was desired to forsake that Company , and either come to the King , or returne to his own house , which he pleased . This was a trick to divide them , and which did so work upon him , that if the Earle of Angus had not partly by reason perswaded him , and partly by his authoritie ( being a man greatly respected ) detained him , and fixed his wavering minde , he had forsaken them altogether , not without great danger to have weakned the hands and hearts of the rest , by such an untimely example . On such moments ( many times ) do even the greatest businesse depend . But God had determined to blesse that Work at that time in their hands . That rub being removed , they march forward , and about the going down of the Sunne , they shewed themselves at S. Ninians Kirk , which is scarce a full mile from Stirlin , and were seen from the Castle wall , of friends and foes . They lodged there-about as they could , till near the dawning of the day ; and then upon a secret signe given to the Companies that had dispersed themselves into the neighbour Villages for better lodging and victuall , without sound of Drumme or Trumpet , they came to their Camp and Colours . The way of assaulting the Town was laid down thus : First , one of the Commanders , with a few Companies , was directed to go and make shew , as if hee meant to enter the Town through some Orchards that lay on the West side thereof ; and at the same instant another ( with some other few Companies ) was sent to go through the Park as if they had intended to assault it on that hand , near to the Castle hill ; while in the mean time the Noble men themselves , with the grosse and body of the Army , marched on the South side , and passing the ditch a little above the Mill , going through some Gardens , entered at a certain narrow Lane , not farre from the West gate , where the way was so strait , that single men with weapons could hardly passe it . The hired souldiers which carried shot were set formost , to remove any that should offer to make head against them . They that were within the Town were equall in number to those that were to assault it without ; Noblemen , ( the Earle Marshall , and the Lord Seton ) and Barons , who were come , out of obedience to the Kings Proclamation : These had the keeping of the West gate . But the onely enemies were James , and the Colonell ( Stuarts ) together with Montrose and Crawford , in respect of some particular quarrels . For Montrose had been Chancellour of the Assise , by which the Earle of Morton was condemned , and was esteemed to have been a bad instrument therein : And Crawford had killed the Lord Glames , the Masters brother , whereupon deadly feude , and divers murders had ensued on both sides . The rest , though they did not openly assist the invaders , yet did they wish them no hurt , nor make any resistance against them . There were in the Castle , the Master of Gray , and Sir Lewis Ballandine , who were suspected by James Stuart , and not without cause . He knew also that Master John Metellane bare him no great good will. These hee intended to have rid himself of , and to have slaughtered , but they were too strong to do it without great hazard ; and besides , it had been but little wisedome to have gone about that , wherein if hee had failed , it would have been his overthrow , and though hee had prevailed , it would not have freed him from his enemies without . All he did was , that the Colonell with some shot , was set in the Street near the West-Gate of the town , which was the place likeliest to be assaulted , James Stuart himself stayed about the Bridge , having the Keyes of that Gate in his pocket , making that back-doore sure for his last refuge to escape by it . The Earle of Montrose was placed at the foot of the Castle hill , to make good the entrie through the Park . The event was , that having entred the Town through a narrow Lane , they were welcomed and entertained by the Colonell with some shot in the street , but seeing that they were resolute , and more in number than he was able to deal with , he retired to the Castle . In this entrie there was but one onely ( of the Lords side ) killed , and it is uncertaine whether it were done by the Enemie , or by one of his fellowes , who were so unskilfull in handling their Muskets , that their Captain said , That who had known them as well as hee did , would not willingly have marched before them . The Earle Marshall and the Lord Seton , seeing the Colonell so quickly quit the Field , stood still at the Gate , invading no man , and no man invading them . The Earles of Montrose and Crawford , hearing the tumult of the Towne taken , on the other hand , forsook their station , and were received into the Castle . James Stuart fled by the posterne on the Bridge , and having locked the Gate behinde him , he threw the Keyes into the River . The Colonell in his retreat was followed so near by Master James Halden ( brother Germane to John Halden of Gleneagles ) that he overtook him , and was laying hand on him , but in the mean time was shot by Josua Henderson ( a servant of the Colonels ) and so died presently . He was a young Gentleman , much lamented of all that knew him , being lately come out of France , where ( as also in Italy ) he had lived divers years , with great approbation of all his Countrey-men , being greatly beloved for his sweet courteous disposition . If it were lawfull here to bewaile a particular losse , I have just cause to loose the reins of my private affection , and pay that tribute of sorrow and teares which I owe to the memorie of so faithfull , upright , and trusty a friend . For the present it shall suffise to say thus much ( and let it remaine as a poore witnesse of some small gratefull remembrance , as long as this piece can remaine ) that before him I found not any , and since have known but very few so hearty and sincere friends , as he was to me from our childe-hood for many yeares . Having thus without any further losse or hurt made themselves Masters of the Town , all rejoyced at their successe , and with chearfull minds and countenances welcomed them , and congratulated their returne . One thing was like to have bred some stirre and tumult , but that the parties interressed knowing the Lords own noble disposition , and how these things could not be helped , bore patiently the losse they received , for the joy they had of the publick good . This it was ; when the Nobles and Gentlemen alighted to enter the Town on foot , they gave their horses to their footmen to be held without till they had made all cleare within . While they were busied in assaulting and rambarring , Colonell Stuart ; the Annandale men ( and others also by their example ) who came with the Lord Maxwell , seized on their horses , and went cleare away with them , having spared no man friend or foe , of their own , or the adverse partie . It was no time to follow them , and though it had , yet could they not doe it , their horses being gone . That day they lodged in the Towne , and kept watch and ward about the Castle , that none might go forth , or come in without their knowledge . Robert Hamilton of Inchmachan , who had falsly accused Master Douglas of Maines , and Master Cunninghame of Drummiewhasle caused himself to be let downe over the Castle wall ( at the back-side thereof ) in a basket , thinking so to escape ; but he was perceived , followed , and slaine ( in the Park ) by Johnston of Westerhall , receiving that just reward of his betraying innocent bloud . The Lord Hamilton himself when he heard of it , said he had gotten but what hee had deserved . The Castle not being provided of Victuals , and no man ( almost ) caring to defend it , it could not hold out : wherefore messengers being sent to and fro betwixt the King and them , all things were agreed on ; and so the fourth of November the Gates were set open , and the Companies entering , the Noblemen presented themselves before the King in all humble and submisse manner , and did by their carriage and behaviour really confute the calumnies of their enemies , who had accused them of traiterous intentions and practices . When they came , they used not many words ; onely , They were his true and loyall Subjects , ready to serve him with their bloud ; and that they were come to declare themselves , and to cleare them from those calumnies which wicked and seditious men that sought their own particulars , had filled his Majesties eares and minde with , and so made him to be suspicious of them without cause . The King answered lovingly ; That it was true , and that he now saw that hee had been too long abused . That it was certainly the mighty hand of GOD working with their good affection that had brought them so through without shedding of bloud . And so embracing them heartily , he welcomed them with a chearfull countenance ; desiring that they would forgive and spare the Earles of Montrose and Crawford , who were afraid to lose their lives and estates , being conscious of their own deservings . This request divers of the Earle of Angus his friends would have had him to have denied ; but he , by a rare moderation , and to shew how far he regarded the desires of his Prince , being willing also that the whole work should be free , not onely of innocent blood , but even from particular ( though just ) revenge , neither could nor would refuse it . This was the Catastrophe of this Tragick-comedie , acceptable and joyfull to all ( except these few particular men ) and harmefull to none , which did justifie their ( unjustly condemned ) former meeting at the same Towne of Stirlin , which if it had had the same successe , had produced the same effect , as it had the same aime and end . It justified also those of the Ministery who had fled to England , and those at home who approved and favoured them , that in so doing , they did not favour Traitors , or ●…raiterous enterprises . This the Earle of Angus ( above all ) did observe , and did often remember this consequent of the successe , with no lesse contentment than the successe it self , esteeming it a greater mercie and favour from GOD to have thus cleared their innocencie and loyaltie , than that he was restored to his own home and inheritance . And therefore he did often call to minde , and mention that speech of the Kings , That it was the very hand of GOD which had prospered their enterprise , and given them that successe without bloud . For though it may seem no hard matter , in respect of the generall favour of the Countrey , yet if we consider what a desperate enemie , loath to quit such places as they have enjoyed , is wont to doe , it will seem strange that they should without once striking a stroke thus be gone without more ado . But as it hath been found in broyles ( and I have particularly observed ) that GOD hath preserved their hands from bloud , whose hearts did abhorre from the shedding of it , even upon such occasions as men thought they could hardly avoid , either to be frustrate of their intentions , or to obtain them with much bloud ; where by the contrary , many whose feet have been swifter , & their hearts lesse carefull of it , have on very small occasions fallen into it . So in this publick businesse , it pleased GOD to look on the hearts of the actours , and according to the innocencie thereof , to dispose of the means of their restoring , that their hands were kept pure from the bloud of any . He observed also of the Town of Edinburgh , how it had pleased GOD to cut short their aid and assistance , which they might have given the enemy by laying of it waste and desolate through the death of 20000. persons of the plague ( which had raged there ) whereby the rest were so terrified , that they were glad to forsake the City . For the Courtiers did most repose and rely upon them , who were readiest upon the sudden , and who ( upon the least advertisement ) were wont to come at their beck , without any disputing , or questioning the lawfulnesse of the quarrell or justice of the cause , but took every thing as from the King , whatsoever was commanded in his name , as they had given proof before , when they conveened at Stirlin ; having been the first that were sent against them , when they were forced to flee into England . This plague began immediatly after their flight , and the departure of their Ministers , and increased daily with such terrour and fearfulnesse in the hearts of men , that every man did interpret it to be the immediate hand of GOD , striking them for their obsequiousenesse to the Court , and contempt of their Ministers ; and now they being returned it diminished daily , so evidently , that after their entry into Stirlin , it ceased , not by degrees or piece-meale , but in an instant ( as it were ) so that never any after that hour was known to have been infected , nor any of such as were infected before , to have died . The Lane also , in Stirlin , by which they entred ; was wholly infected , yet no man was known to have been tainted with it , or to have received any hurt . Nay , the men of Annandale did rob and ransack the pest-lodges which were in the field about Stirlin , and carried away the clothes of the infected , but were never known to have been touched therewith themselves , or any others that got , or wore the clothes . They also that were in the Lodges , returned to their houses , and conversed with their Neighbours in the Town , who received them without fear , suspicion , or reproof , and no harm did ensue upon it . As for Edinburgh , before the first of February ( within three moneths ) it was so well peopled and filled again with inhabitants , as none could perceive by the number that any had died out of it . As if GOD from Heaven should have said , Lo , the cause of my wrath , lo , the cause of my mercie , with the going and coming of his servants : a rare and remarkable work never to be forgotten , as he did never forget it . And for my part , I think it merits to bee recorded here , and that it is worthy that the remembrance thereof should remain to all posterity , so far as my weaknesse can preserve it , that men may see and learn to fear and seek that GOD who worketh so great things , and none can hinder him . A notable wonder , and next unto that overthrow of the Spanish Armado in 88. both in my time , both immediatly by the hand of GOD : But this , so much the more evidently , as that there , some ordinary industrie and help of man did intervene ; here , nothing can be alledged to have brought it to passe , but the very finger of GOD. Let mankinde advert and admire it . And whosoever shall go about to bereave GOD of his glory by laying it over upon chance or fortune , may his chance be such as his blindnesse or perversenesse deserveth . Things being brought thus about , who would have been so modest , as not to have been so farre ambitious , as in distributing the offices of the Kingdome , to have taken to himself , or bestowed on his friends some place of honour or profit ? But Angus did neither take to himself , or procure any for his particular friends and followers . Let ambition be silent , and let her plumes fall , when she seeth her self truly contemned by him . He contented himself with that onely which was his own ; yea , he even dispensed and forbore that which was his own ; modestly tolerating , that the Lands , House and Lordship of Dalkeeth , should still be retained by the young Duke of Lennox , upon the Kings promise to be restored thereto , so soon as any occasion should fall out of providing some other Lands to the Duke ; which was not done , till the Lord Methven dying without heires male , the Lands falling to the King , he gave them to Lennox , and restored Dalkeeth to Angus . Out of the like modesty & will , to gratifie his Prince in whatsoever he could to the very uttermost of his power ; at the Parliament ( held in Edinburgh 1587. ) about two years after , he dispensed with his priviledge of bearing the Crown at the Kings request , and suffered the Duke to carry it , with protestation ( and promise ) that it should not be prejudiciall to him nor his house in time coming , and so ( with all meeknesse ) submitted himself to take the second place , and carry the Scepter . In this last point , it was thought wisedome to yeeld , so to disappoint those , who were thought to have put the King upon it , of purpose to have made a breach betwixt the King and him by his refusall . The former was not effected without the bribing of those Courtiers who did then possesse the Kings eare . Secretary Metellane got his Lands of Die-Water to work it ; which when he would have holden of the King by renunciation , Angus refused to renounce , and would onely give them , holding of himself , not without some indignation on both sides . It was hardlier constructed , that he suffered a decreet given in favours of Farnihaste to his prejudice , to be reserved , and stand good in his restitution . And thus did he behave himself in his private affairs . As for the publick affairs of the Kingdom , hee suffered them to bee managed by the Master of Glames , to whom the rest of their society were most inclined , for the opinion they had of his wisedome , greater experience and age ; as also for that now he was a prime officer of State ( Treasurer ) and allied with the Lord Hamilton ; rather than hee would enter into any contest , which might breed any division amongst themselves , being set altogether on peace and calmnesse , howbeit he did not approve of all their proceedings , and differed much in judgement from them , concerning the administration and handling of matters . So in the policie of the Church , though out of a sincere minde and true zeal , hee favoured and affected the right form as much as any , and was much grieved , that such order was not taken in it , as should have been , & was expected ; yet he did tolerate that course which the rest thought good to suffer to go on . For this they gave out , That the King inclined to the government of Bishops , and therefore it was not convenient to crosse his inclination abruptly and directly , lest he should seem to be constrained or thralled in his actions ( a point which they avoided carefully ) and not used with that respect and liberty , which is due to a Prince : yet they said they should labour to work him to it with time , taking their opportunity as it should be offered unto them . And so indeed it was brought to passe ; for Bishops were first restrained of their using their pretended jurisdiction , and by fact ( de facto ) even then brought under obedience to Synodes and Presbyteries , and in the year 1592. the former discipline was re-established by Act of Parliament , and all authority directly taken from Bishops . But neither in the former Parliament ( holden at Linlithgow in December 1585. ) neither in the next ( holden at Edinburgh the 29. of July 1587. ) was there any mention made thereof . This gave occasion of much discontentment to the best affected , and bitter contention betwixt the Court and the Ministery ; they reprooving this toleration of that unlawfull office , and the King committing them for their freedome of reproof . So no man of any judgement and good disposition was satisfied with their proceedings . Notwithstanding , there was none of any degree , but had a good opinion , and thought well of the Earle of Angus , and excused his part of it , laying the blame thereof upon the rest , who ( they thought ) were more carefull of their own particular , than mindefull or solicitous for the state of GODS Church . And when I call to minde the disposition of men in those times , I cannot expresse it otherwayes than thus ; That they accused all , but excused him ; and yet they so excused him , that they did also accuse him ; not for his want of good-will , but for want of action . They were perswaded of the sincerity of his heart but they thought him defective in action according to their opinion , and would have had him to have taken more upon him than he did . Concerning which purpose I have thought it best not so much to deliver my own judgement , or use my own words in excusing or accusing what might be thought worthy to be excused or accused in him ( for what is mine may be more obnoxious to mens censure ) as to set down every point according to the judgement , and in the words of others , who were present eye-witnesses and special actours in those times : what they thought worthy to be reprehended , and what they required to have amended , which wil comprehend whatever negligence or omission any man can lay to his charge : for as touching any fault of Commission , and doing what he ought not to have done , there was no man complained of him . To which effect , diverse letters might bee produced , which were written to himselfe by diverse persons of all sorts , Civill and Ecclesiasticall , Scottish and English , of the Ministery , which had beene banished with him , and of the brethren of the Church of England : but I have made choice of one for all , which containeth the summe of all , both Church and State businesse , both private and publicke , and that in the Authours owne words most faithfully , neither adding nor impairing any thing . To which wee shall subjoyne his owne answer , in his owne words ( so farre as our memory can serve ) at least his owne estimation , and judgement of every point ; his ends , grounds and reasons of his actions , which hee delivered in his most inward , and private conference , where it pleased him to open himselfe , as hee was accustomed , freely , and even to the laying naked of his very heart and soule . The letter was ( after the wonted formalities ) thus , HAving occasion of this bearer , I thought good to remember some things , especially that you would ( as you know I intended to have done ) purchase in name of the Countrey , some to bee sent to keepe Justice Courts , in our Countrey and Teviotdale , otherwayes all will breake . Also let the sitting of the Session bee hasted , that such things as flow from their restitution may bee decided , otherwayes some men may bee greatly prejudiced and disappointed . As for Master John , it is hard for my Lord to helpe you both ( I am still of that opinion ) wherefore if no place fall about the King , let it not displease his Lordship that one of you seeke some other course . After my departing from Linlithgow , I continued in great anger , whereof I am not yet fully freed , because of that sentence ( or decreet ) reserved to Farnihaste against the Earle of Angus : and though the doers bee partiall , yet I blame most his owne simplicitie ( I must needes so call it ) seeing his authoritie ought to put order to others , where now hee is onely a beholder of that which it pleaseth others to doe . But hee must either take matters otherwayes upon himselfe , or undoe himselfe , and all the rest with him . For if the Master of Glames , forgetting the event of Ruthven businesse , will needs trace the steps of the Earle of Gowrie , it is not for the rest of the fellowship to be slothfull to their owne hinderance . They are indeed at Court , but are esteemed no better ( abroad ) then beasts in the Countrey , never like to acquire the favour of any ; but continually declining out of the hearts of many of their well affected friends , who all speake , as though they saw already an evident ruine of them : and that ( doubtl●…sly ) deserved , for lying in their good cause , and not vindicating Israel from Aram. Remember whence they are fallen , and return , or we shall bee forced to lament for that which wee shall never bee able to amend . If they sticke to their cause , all is sure ; otherwise nothing sure : for either their suretie is by the Kings favour ( whereof I speake nothing ) or the favour of the people : this they must have by pressing their cause ; of Noblemen , for relieving them from bondage , and revenging their bloud ; of Gentlemen and Commons , for purging Religion , restoring of Justice , and providing that Tyrannie thrust not it selfe in againe . If this bee urged , it will confirme such as are already in the cause , and will make more to joyne in it : So shall the cause prosper ; and if occasion crave so , there is a partie ever ready to take Armes for it . But if , omitting this , a flattering , or a fearefull course bee taken , who shall speake plaine , and assist such fearefull dissemblers ? who shall credit them , when afterwards ( as heretofore ) they shall take on the name of the good cause ? I wish the Kings Majestie may bee used with all Princely reverence , but not flatteringly fostered in tyranny to his owne undoing , though I seeme to see even now that these flatterers shall be worthily wracked . I aske them whether they had a just cause in hand or not ? ( and yet of all these evils , under the burden whereof the Countrey groned , they have opened nothing at all to his Majestie ) why is it not then justified in deed by condemning the other worthy to bee condemned ? Is their cause already ended ? And if not , why is it then left off ? hath it not enemies ? why should it not then bee fortified against them ? The Declaration of their cause , why was it published ? To acquire favour at the hands of the people ? And why then is there nothing done to retaine this favour ? yea rather , why are such things done , as procure their disfavour , and hatred ? I see nothing , but as men have dissemblingly pretended a good cause with uncleansed hearts , God ( to discover their hypocrisie ) hath given them their hearts desire , but for their further ruine for their Hypocrisie . I cannot forbeare to write this , though I bee out of hope of any good , yet I suppose that such as have meant uprightly , shall ( in Gods favour ) bee provided for ( though with trouble ) when God shall require of those dissemblers the bloud of such as have perished , and shall perish through their default , giving them a proofe of their owne wits , and their unfaithfull hearts : They would not serve God , hee made men their masters . Are means failed him ? No : the last shall bee worse then the first . It seemeth to mee that God hath even prepared a mischief for them ; and therefore given them over to their owne devices , wherewith they are so drunke , and blinded , as men in a melancholicke apprehension , who are past all cure of Physicke . But this , above all , troubles mee most , that till such time as good men bee all undone , and the Land utterly ruined , and overborne with Tyrannie , it shall not bee resisted hereafter . For a new Generation must arise ( that hath forgotten these things ) before that any who shall pretend a common cause get credit : good men are so often deceived under that colour and pretext , and drawne on to their wracke . And certainely , rather then I were hee , that ( through mis-governance and evill order ) should undoe so many as are like to bee undone at this time , I had farre rather give my owne life for it . But I speake to deafe men , and therefore I cease , committing to God the providing for those , whose hearts hee sees to bee upright , having from time to time kept nothing backe of that which I knew would make for the surety of these men , and the cause , without troubling them with any particulars . If Angus could steere in his owne roome , hee might redresse the Masters errours : Speake to Dunniepace and Largoe : See what is done about the Barons , and give me notice of such direction as goeth to their Shires . I say , for conclusion , their earnest suite in particulars , and negligence in the common cause , convicts them before all men , and the King may justly say , They had no good meaning . But if it were mine to doe , wee should goe all together to the King , and say , this or the like speech . Sir , in that yee have ( as may be ) redressed our particulars , wee thanke you heartily , though it was ever the least part of our desire ; for Gods Church hath beene heavily oppressed ( then tell him the particulars apart ) Your Realme and Subjects have beene tyrannized over : ( then tell him also some proofes ) Let therefore the Gospell bee restored to the owne libertie , and some men chosen to set downe some sure policy which may last and continue . Let some also bee deputed to heare the plaints and grievances of such as have beene wronged , under the colour of your Majesties name , and let their wrongs bee redressed as much as is possible ; and such order taken , that the Subjects may bee out of feare heareafter of suffering , so they keepe the Lawes . Let the Lawes also bee revised by wise men , and such of them taken away as bee hurtfull to the Subjects ( for you shall finde the like Ordinance touching Acts of Parliament of olde . ) This being done , wee doubt not , but God shall blesse you , and your Countrey ; seeing , the neglecting hereof , hath beene the cause of the evills past . Sir , doe it your selfe , for the gaine is yours , though wee put you in minde of it . Now except this bee done , there can bee no continuing quietnesse . Post script . THeir foolish proceedings make all men to stand aloofe . I heare the Lord Boyd is secretly in this Countrey of Scotland , but seeth not that in them which hee could wish . Let the Master behave himselfe as hee pleaseth , can the King but thinke that hee would rather wish his owne sister sonne King ? I finde great fault that the Abbots ( Driebrough and Cambuskenneth ) Lie abake , who are practitioners and partakers , as Marre at Ruthven : let them joyne together and bee knowne . This letter being received , and a fit opportunitie espied ; it was brought to my Lord , and without further ceremony ; I have received here a letter ( saith hee ) from whom , and from whence your Lordship may see . It is written to mee indeed , but not for my sake , ( for hee knowes my minde ) but that I might so informe your Lordship concerning your estate , and the state of the publicke cause which you have embraced ; and you might know what the thoughts of honest men are concerning it , what they thinke , what they expect , what they wish and require . I thinke it best that it speake for it selfe in its owne language , let it be your Lordships pleasure to reade it . He tooke it and read it , and after a little pause ; This ( saith he ) that is here in the beginning of this letter may be obtained , this Commission for Justice Courts , and this for our securitie we shall and must needs bee carefull of . There is next that which concerneth your selfe ; wherein I am sorry that occasion hath not served me to expresse in effect the good will I bore you , as I thinke I ought to doe . And while he was about to goe on in that purpose , the other interrupting him , made answer : Let it be your Lordships pleasure to breake off that discourse : I never doubted ( nor never will doe ) of your Lordships minde , which is enough to satisfie me ; you know my ambition . I am content to doe any thing , I am content to doe nothing : hope did not bring me to this cause ; frustrating , nor feare cannot divert me . If I can serve to any good use , I am glad of it : if I cannot , yet am I contented : it is enough to me that I have been willing , and gone as farre as God hath called me : hee knoweth how farre hee will imploy any , and your Lordship is my best witnesse , that I never did thrust my selfe into your Lordships publicke or private businesse . So farre as you were pleased of your owne accord to communicate with me , so farre I knew and meddled . I know what men thinke , but this shall ever be my wisedome , or my folly ( let who list account it so ) yet if I were even aspiringly difposed , how can your Lordship doe for your friends , at his Majesties hands , who doth your owne affaires with him by the mediation of strangers ? But ( seeing we are fallen upon this purpose ) let it not displease your Lordship that Master John retire himselfe ( as you see it is desired here ) I will ( by Gods grace ) runne such hazard and fortune as may befall me , by being your Lordships onely ; to which my minde , my liking , and the honour I have to be your Lordships Kinseman , and will to honour and doe what good office I can to your Lordship , do carry me ; and if so I can serve your Lordship to any good use in any thing you have to doe , it is all I crave : for the present let me bee bold to aske your Lordships minde and disposition concerning this letter , what you thinke rightly admonished , and what you intend about the prosecution or amending of every point in it ? Before we come to this ( said my Lord ) let mee demand a question of you first , and heare your judgement in a point which hath greatly perplexed me : you remember the sermon preached at Linlithgow , by Master Craig , what thinke you of it ? I remember you told me you did not fully like it : but I would heare you againe more particularly to refresh my memory , because it is greatly incident to this purpose , and seems to cut short all our actions . For if the case of all Subjects towards their Princes be such , what can we doe but depend on their pleasure ? The other ( smiling a little ) indeed my Lord ( as it is in our Proverbe ) It is time to aske the question ! for if you must depend on their pleasure , why did you not expect it ? and stay in England till you were recalled ? why came you unsent for ? and that in such a manner ? what is become of your Proclamations ? and of all the faire reasons of it ? you must goe backe again , and recant all , and cry peccavie for these things . Oh , ( saith my Lord ) that is another question , for what we did in that , was done of necessitie for our lives and estates , and to remove that violent tyrannous man , who else would have undone King , Countrey , and all : But now that he is removed , and that necessitie taken away , it is another case ; how to deale with our Prince , to whom we owe such obedience , he being amongst Kings , Who are in the place of God , who are called Gods , and to whom is due the obedience to God. But leaving the particular , let me heare you of the generall , What you thinke of that Sermon , and of his grounds ? I know there are others also , that were not satisfied with it , but I would heare you . Having paused a little , he answered : Loath am I my Lord , to enter upon that taske of censuring any man , chiefly a Preacher : I like better to dispute a point and discusse a truth , without touching upon any mans person , so farre as it can be avoyded . But seeing your Lordship drawes me to it : I confesse , wee all disclaime implicite faith , and thinke wee are reasonable creatures , apt to weigh and consider mens reasons , and yeeld assent to their opinions so farre as they enforce , neither ought wee otherwayes to consent , nor can any reasonable man enforce himselfe to assent , which makes me , in matter of consenting ( chiefly in Religion ) to dislike of constraint : For I judge of others as I finde my selfe ; the world cannot force mee , nay , I cannot force my selfe to thinke otherwayes , then my judgement alloweth of . But to your question , I am more favourable to Princes , then many beleeve , and to Monarches : I account it a great and heavie charge , and burden , which hath need of great reliefe , and many comforts to recompense the pains thereof , and can permit much to a good Prince , yea , as much as he himselfe pleaseth ; which will never bee more then is good and just , though it were all the estates of his Subjects , and the whole Countrey to be guided by himselfe alone , with as absolute power as any ever spake of , and yet not thinke that hee had an haires bredth of more power to doe hurt . But to the question we are on ; your Lordship remembers the ground that Master Craig did lay ? yes ( saith he ) very well : It was that passage of the 82. Psalme ( God sits in the assembly of the Gods ) And what he built thereon ? He built ( said he ) obedience to Kings commandments and impunitie without controulement ; your Lordship remembers right , and reports the best of his speech in the fairest termes [ Obedience to Kings , Impunitie to Kings ] whereas hee said roundly , [ Obedience to Tyrants , Impunitie to Tyrants ] which two who confounds , doth great wrong to good Kings . But whether wee call them Tyrants , or Kings , which that Psalme speakes of , Who so inferres these conclusions from thence , doth it without warrant from the text , the drift of which is clean contrary ; not to extoll or lift them up , but to abate their pride , and to humble them ; not to secure them , but to terrifie them ; not to exempt them from death ( the lot of other men ) but to let them know that they are subject to it as well as others , and to threaten them therewith . Wherefore let men build up Power and impunitie to Tyrants upon what other place of Scripture they please , I dare affirme that this place is most unfit for it . For here there is never a word of [ Obedience ] never a word of [ Impunitie ] but by the contrary of [ punishment . ] Oh , ! but it saith [ I have said ye are Gods : ] True , but it saith also [ Neverthelesse , you shall die ] which two being put together , the one shewes them their duety , [ Do justice as God doth ] the other threatneth punishment [ Ye shall die if ye do it not . ] But they will say , that this threatning is from God , and therefore God ( indeed ) may and will punish , but man may not . I answer , the Text makes no mention whether God will punish them immediately , or by the hand of man : but however that be , the scope of the Psalmist is to humble them , and hee who from thence doth gather any Prerogative or impunitie to them , gathers that which is contrary to the Text. Now to come to the particulars of the Sermon : To what use was it at that time to preach [ Obedience ] to Tyrants ? was it not sufficient to have preached [ Obedience ] to good Kings ? And to have showne his Majesty to be a good King ( if he thought that any man doubted of that point ) which was more honourable for his Majestie , more beseeming a Preacher , more easie to perswade , then to roote out the inveterate opinion of the lawfulnes to resist Tyrants ? Concerning his Arguments : 1. Was the first solid ? [ God sitteth in the assembly of Gods ] therfore Tyrants sit in the seat of God : though it were true , yet it followeth not : and it is even like to this , The King sits in the Assembly of the Lords , therefore the Lords sit in the Kings seat . As on the contrary , The King ( being present ) doth sit in his owne seat , and the Lords do rather sit in his seat when he is absent , then when he sits in the Assembly amongst them . Also ( as I have said ) the presence of God is there mentioned : not to authorize , but to controll them . Neither doth the Text inferre , [ Therefore obey them ] there is no word of that there , but [ Therefore they shall die ] Because God sits and sees them , eyes them , and perceives the wrong they doe , and how they abuse their power , which is a contrary illation to his , and farre more consonant to the Text. 2. His second Argument was [ The people of God are commanded to obey Nabuchodonozor , who was a Tyrant , therefore all Tyrants should be obeyed . ] How hard an inference ! Of a particular extraordinary , to gather a generall ordinary rule ! If wee allow of this kinde of arguing , it will bee replied : God commanded Jehu ( a private man ) to slay Achab ( a Tyrant ) therefore private men ought , or may slay Tyrants . 3. His third [ David did not slay Saul , therefore no man should lay hands on a Tyrant ] how loose is it ? from example or authoritie , negative . 4. But the fourth [ God placed the Tyrant in that place , therefore no man may put him out of it , though his Tyranny bee never so great ] what doe you thinke of it ? A mans goods are taken from him by a briggand , who doubts but God hath given them into the briggands hands ? But doth it therefore follow , that no man ( not the Magistrate ) may take them from him againe , because God hath put them into his hands ? yea , who knowes but God hath cast them into his hands for that end , that they may bee taken out of his hands , and hee punished for it ? Besides , this inconvenient will also follow hereon : if an usurper shall once get himselfe place in a Kingdome , no man ( by this reasoning ) may ever dispossesse him again , to repossesse the lawfull King ; because ( without all doubt ) God hath placed him there . This were a maxime very prejudiciall to lawfull and rightfull Kings . 5 The fifth was a Simile ] which all men know are ever lame , and doe halt some way ; yea those which he used , are brought by others to prove the contrary . 1. For even Children are sometimes made free from their Parents by the civill law Romane . 2. And Servants from their Masters , by Gods Law given to the Jewes ; as , If his eye bee beaten out , let him goe for his eye . 3. Wives are divorced , and freed from their husbands , if the essentiall knot and tie of matrimonie bee violated , and broken : why then may not the tie we have to Tyrants be taken away ? If the Essentiall cause of obedience ( the image of God ) justice ) be violated , and cast off by the Tyrant , why may not the obligation of obedience cease ? And this for his Arguments , which you see how frivolous and weak they are . As for his conclusion [ Men may not put hand in Tyrants ] it can never be deduced from his text : There is only one word , which seemes to make for him [ I said ye are gods ] but the next words say plainly [ Neverthelesse ye shall die , ] whereby it is clear , that this appellation of ( gods ) is not given them to free them from punishment , but to put them in minde of their duty ; which when they neglect , they lose the name , and are lyable to the punishment . So that ( according to his owne forme of reasoning ) if it follow from hence , that because God hath placed them in that place to doe justice , therefore men should not take them out of it , though they prove Tyrants ; it will follow farre better ; God appoints them to die , because they doe not justice , therefore they must die , therefore men may make them die , when they become Tyrants in stead of being gods . Which kind of reasoning if he think not to be good , then must he quit his own reason , and leave this passage , as neither making for him , nor against him ; neither exempting them from punishment ( in calling them gods , which showes but what they ought to be of dutie ) nor yet giving expresse command for men to slay them , in this other word ( ye shall die ) which showes onely what God will doe in his justice . He alledged ( as others also doe in this cause ) that the thing which moved him to broach this conclusion , was , because that if a liberty to kill , or disobey Tyrants be granted unto men , then good Kings shall not be obeyed , nor sure of their owne lives , because seditious or ambitious men ( of which there are enow ) will call a good King a Tyrant . But your Lordship may consider the futilitie of that pretext ; for by the same reason all lawes are taken away , and all punishment of vice and wickednesse . For where the law ordaines theeves to be punished , an unjust Judge may call an honest man a theefe ; and if we allow blasphemie to be punished , a Jezabel will finde meanes to cause Naboth be accounted a blasphemer ; and if we suffer sedition to be punished , Tyrants will call a good Patriot , a seditious fellow ; free admonitions , treason ; and any word of liberty , rebellion . Shall therefore sedition be unpunished ? shall theft ? shall blasphemie ? And certainly there is more danger , and it comes oftner to passe , that a Tyrant should call an honest man seditious , then it is found that subjects call a good King a Tyrant . The people suffer much ( what by custome , what through a naturall inclination and love toward their Princes ) and beare with many great faults , and seldome come to rise up against him , but when the injury is intolerable . And you shall finde ( when you please to trie it ) that they have comported more and oftner with wicked Princes , then ever they have made insurrection against good ones ; nay , then they have made against the wicked , unlesse their wickednesse hath beene extreme enormous and pernicious . Yea , I doubt whether any can finde an example of insurrection against any that was good , nay , against any tolerably wicked : whereas of the other side , many honest men have beene opprest , and put to death by Tyrants upon small or no occasion , upon a forged accusation , lie , or calumnie . Wherefore it is a foolish and ridiculous pretext , to maintaine Obedience , and the Impunitie of Tyrants , that so good Kings may be obeyed , and secured : as if a man should plead for impunitie to harlots , that so honest matrons may be secured . All is but folly , for there is but one way to secure honest women , which is to avoyd whorish fashions ; to secure honest and true men , to take heed they be not found breaking or digging through of houses . And let a good King beware and carefully avoid all tyrannicall actions . So ( and onely so ) shall he be sure ( if word and worke justifie him ) and free from all feare of punishment from God or man. And thus much concerning your Lordships question , what my opinion is of that Sermon . But seeing we are fallen upon this subject , let me tell your Lordship how men , while they labour to put a good face upon this matter , wavering betwixt flatterie of Princes , and truth of reason received , and allowed by the common consent of all men against Tyrants , involve and intangle themselves into many difficulties and absurdities . I will bring one instance for all , and that is Bodinus ( a Frenchman ) in his booke De republica : faine would he make even Tyrants to be sacred and inviolable , and perswade that all obedience is due , and ought to be given them . And he concludes , that they are not to be touched by their subjects , but obeyed ; whereof he gives this for his chiefe reason , Because their subjects have no jurisdiction over them : yet finding how hard it were to free them from all feare of punishment , he puts them into the hands of forraine Kings , and exhorts them to exterminate and root them out , commending it as a laudable action , by the imitation of Hercules , who travelled through the world ( sayes he ) to destroy these Monsters , Tyrants . Now let any man judge what good reason can be given for denying that power to the Countrey it selfe ( under the pretext , because they have no jurisdiction ) and to give it to a forrainer , who hath neither interest nor jurisdiction over another Prince . And whether is there more danger in the sedition of his Countrey people , then in the ambition of a stranger Prince ? And which of them is likeliest to picke a quarrell against him , and to call him a Tyrant , and seeke occasion to worke their owne particular ends ? Besides , what shall be the part of the people in this case ? Shall they fight against this forrainer , who comes to cut off their Tyrant ? Who then shall come to relieve those from tyrannie , that will take armes for defence of the Tyrant ? Shall they joyne with him ? Certainly in all reason they ought to joyne with him , seeing it is for their sakes that he under-takes the warre . But that is Rebellion ( if wee beleeve Bodinus . ) Shall they be neutrall , and spectators ? Even that is disobedience . And yet the same Bodinus sayes , That Tyrants are monsters ; now there is no societie ( farre lesse bond of obedience and subjection ) with monsters . Yea , hee sayes , That there is no societie with Pirats , because they break the Lawes of humane societie ; and Tyrants break them much more . This same man in his Daemonomania sayes , A King may become a Wolfe ; and that a great King in Christendome was one when hee pleased . I ask him then , Whether such a King should bee obeyed , when hee is a Wolfe ? And if hee should ever continue to bee such , without returning to bee a man , whether or not must hee bee ever obeyed in all things ? Shall his sacred Majestie bee reverenced ? And ( lest hee should starve ) shall hee bee fed with childrens flesh ( perhaps ) because hee will eat no other , or ( at least ) because hee likes that best ? Certainly , his reason will inferre no lesse than that hee should . And if hee bee ashamed to affirme this , and will confesse that it is lawfull to put such an one from his Kingdome , who hath put off humane nature , and can now no more guide a Kingdome : what shall wee think of one , who ( though retaining the shape of a man ) hath a wolvish nature and disposition , being cruell , wicked , licentious , and over-throwes all right and equitie ? And is not a Tyrant ( for the like rea●…on ) as worthie to bee deprived of that Kingdome , which hee cannot , or will not guide rightly , but destroyes and makes havock of all ? Certainly , the reason is all one : for it is not the shape ( so much ) of a Wolfe that men abhorre , as the wolvish and ravenous nature and disposition . For suppose a good King were ( contrary to his will ) transformed by Magicall incantation onely , into the shape of a Wolfe , who did retaine his reason , his speech , his wisedome , justice , equitie , meeknesse , and all good Government , omitting nothing that belonged to a good Prince , men would not so much abhorre , as pity him , and expect till some way were found how hee might recover his former shape , and would ( doubtlesse ) preferre his humane nature , though in the shape of a Wolfe , to a wolvish nature , though under the shape of a man ; it being farre more tolerable , and farre more advantageous for the Common-wealth , whereof the good and safetie is ever to bee respected and preferred in all things . And thus much for Bodinus . But will your Lordship bee pleased to hear what that great Doctour of the Lawes ( a professed Patron of Princes , in his book which hee wrote of purpose for their defence ) I mean Blackwood sayes concerning this question ? It is ( sayes hee ) an absurd thing to affirm , That a Princes commandement should or may be dis-obeyed . Yet if a Prince command any thing that is unjust , it must not be obeyed . But how shall we do then ? Even this , sayes hee , when the commandement is unjust , we must suppose that the commandement is not the Kings commandement : but either that it is , first , some fained and forged thing under his name ; secondly , or stoln from him at unawares ; thirdly , or that being busied some other way , he did not take heed to it : Fourthly , or that he hath been ill informed : Fifthly , or mis-taken it : Sixthly , or that hee is mis-led and mis-carried with some passion or prejudice . So in the point of controlling Princes , he cannot endure that the Sacred Majestie , Gods Vice-gerent , should be constrained or forced any way ; that is absurd and abominable : Yet if he mis-governe the Countrey , so that the state of the Common-weale bee in danger , the blame must bee laid on his evill Counsellours ; those they may lay hands on , and take order with them ; nay , hang them , if they please , and place good men about him , whose better advice he may follow . But by no meanes must they touch or meddle with himself in person . This opinion is such , that ( I beleeve ) hee against whom he writes , hath not written any thing that may seeme more hard . For if we may call his commandements ( when they are unjust ) stolne , and so dis-obey them ; wee are not bound to obey his unjust commandements . And if wee may take order with his counsellours , who will be his counsellour ? Or who will execute his unjust will ? Nay , how can subjects do either of these two without a manifest controlling and forcing of him , Since hee will oppose and interpret all as done against himselfe , and call it Treason and Rebellion against him ? So that in effect , all comes to one . Besides , this way leaves that ground ( which men so carefully pretend to avoyd ) which is , to call all his commandements stolne ( though they bee never so clearly his ) and albeit they bee never so good ; as also of calling his Counsellours evill , though they bee not so . Whereby hee makes them Judges both of his Commandements and Counsellours ; so that they may call it in question whether they bee good or not ; which doth brangle , and ( indeed ) over-turne all that absolute power which he gave them before . I will not omit here to tell your Lordship of another distinction that some use against unlawfull commandements : They grant that we should not give them Active Obedience , that is , that we should not do the thing commanded , but that we must yeeld Passive obedience , that is , Suffer what punishment the Prince shall be pleased to lay upon us for our refusing to do what he commands , whether it be a pecuniarie mulct , imprisonment , or death it self . But if this be rightly weighed in the balance of reason , if the commandement be unlawfull , the punishment inflicted for refusing to obey it , is also unlawfull , and the commanding of us to under go that punishment , is likewise unlawfull . Therefore there is no necessitie of obedience to that command , according to Blackwoods rule ; for it is not the Kings ; it is stolne . Therefore if a Tyrant command a thing unlawfull , under the pain of paying a summe of money , a man is no more bound to pay the money , than hee is to obey the commandement ; for both are unlawfull . Farre lesse is he bound to submit himself to a corporall punishment , or to lay down his life , or to enter into prison , which takes away his libertie , as dear to him as his life , and doth oftentimes endanger both his life and goods by consequence . If ( I say ) he can get these things avoided , he is not bound in conscience to under-go them , but may lawfully with-draw himself from them , and shun them . What hee is to do when he cannot eschue these things , is not a case of duty , but of prudencie : for that same question will come to bee considered , when a man hath to do with a Robber ( to whom he owes no obligation of obedience ) if hee bee not able to resist him , how farre hee shall yeeld to him . Let us put the case then , That a Tyrant would ( for our dis-obeying of his unlawfull commands ) invade us his subjects by Armes , wee are not so bound to him , but wee may avoide the blow ; nay , the subject ( in this case ) may warde the blow , and put by his Princes Weapon , he may hold his hands ( if it be necessary ) and if hee cannot otherwayes save himself . And what will these that stand for Passive Obedience answer to those that suppose this case : That the Prince and his subjects were in a ship , and the Prince should command a leake to be made in the ship , by which the water might come in , and drown both them and himself ? They will ( perhaps ) say , that they would not do it , although he should command it . But would they give him a Passive Obedience ? Would they suffer him to kill them for their refusall ? Would they give him leave and way to do it ? Or would they set aside such ceremonie , and stay him from it calmely ? Put the Augre or Wimble out of the way , or keep it from him ? Hold his hands ; or ( if there were need ) even binde him rather ? so to save themselves and him . Which if it be right and lawfull to do for preserving a private ship , what shall be said of the Bark of the Common-wealth ( I pray you ) if a Tyrant do such things , which will cast it into danger of drowning and shipwrack ? Now the ground of all this ; First , ( That tyrants must bee obeyed ; Secondly , that they must not be controlled , nor resisted , but get ever a Passive Obedience ; Thirdly , that they must no wayes bee deprived , and farre lesse touched in their persons ) is in this ( forsooth ) That they are Gods which name ( as they alledge ) inferres all these , Obedience , not resistance , not depriving , &c. ; And indeed ( to bee God ) carries more with it ; it imports both Active and Passive Obedience to whatsoever he commands without exception , to kill his sonne with Abraham ; for each man to kill his brother , as the Levites did . But how farre these ( called ) Gods , come short of that priviledge ( notwithstanding of the name ) I have said before : and therefore this appellation will not import any of the rest by any necessary consequence , no more than it doth absolute Active Obedience . Neither are Princes there compared to GOD , because of equall soveraignity or obedience due to them , but because of the likenesse of the action , and to warne them to imitate him in justice . And to draw an argument from a Comparison of things , to prove an equality in them , in that wherein they are not matched or compared , is against the law of Similies , or Comparisons . Secondly , those who dispute in this sort , speak onely of absolute Monarchs ( as they call them ) but the name of [ Gods ] is not onely given to absolute Monarchs . It is given to the Judges of Israel before they had Kings : & the Turks use ( at this day ) when they go to law , this phrase , Let us go to God : by which they mean , not their absolute Monarch , the Emperour , but any inferiour Judge , even the lowest and meanest , as ( no question ) even a Sheriffes depute , or a Barons Bailiffe sit in the place of God , when they sit to do justice betwixt parties ; yet no man for that doth attribute absolute power to them . Behold the ground of your Lordships cause , and of this so worthy an action done by you , to your perpetuall honour , of rare memory and example in any age : lo what you have been ; not contemplating and disputing in the Schooles , but practising in the Common-wealth . For if it be not lawfull to disobey the command of Princes ( even of lawfull and borne Princes ) in any case , then is this that you have done , very unlawfull . If it be a wrong to controll their wills , then must this your fact be condemned as wrong . If it bee not lawfull to remove from them wicked Counsellours and instruments of iniquitie , then is this your act altogether unjust , enormous , unlawfull and treacherous . But the world acknowledges , all men assent , and the Prince himselfe confesses , that you have happily atchieved a worthie worke , in freeing your King from the jawes of these wolves and lions , who devoured the Realme , and polluted his name and fame ; that you have restored him to his honour , and that high expectation of him to his Countrey , and to the Church of God throughout the whole world . There rests onely this exception and doubt in mens mindes , whether or not this hath been your aime ( in very deed ) and the true scope and end of your enterprise ; or if this bee but incident and adventitious to your own particular designes . For it is sure , your particular was joyned with it ; but that is no fault : yea , I account him happy , whose lot joynes his estate with an honest cause , so that they must stand or fall together ; or whose minde and resolution casts him upon it . But it is of great weight , and makes a great difference , when the cause is our end , and ( our particular but accessorie , or contrarily ) when our particular is the maine motive , and the common cause but a by end , and embraced only to advance our particular . Your Proclamation ( or Declaration ) which ye published , speaks much of the publick cause and common-weale ; but you may perceive what men think ( how your actions and doings since do not answer thereto ) by this Letter . For they are begun to think , that howsoever you pretended the publick , yet your intention was fixed onely on your own particular ; because you have done nothing for the Church or Countrey , and hath settled your own particular . And it is observed , That of all the Parliaments that were ever held in this Countrey , this last ( held since you came home ) is it , in which alone there is no mention of the Church , either in the beginning thereof ( as in all others there is ) or elsewhere throughout . This neglect of the state of the Church and Countrey , as it is a blemish of your fact , obscuring the beauty and lustre of it ; so is it accounted an errour in policie and civill prudencie , by so doing , to divide and separate your particular from the common cause of the Church and Countrey ; which as it hath been the meane of your particular restitution , so is it the onely meane to maintain you in this estate , and to make it sure and firme . Hee having thus spoken , the Earle of Angus answered . I know that question stands yet undecided betwixt those that stand for Tyrants , and those that are against them , and is disputed by Lawyers on both sides ; as what is not disputed and called in question by them ? I see also there hath been continuall practice of both wayes ; and the practice hath been allowed or dis-allowed according to the successe ; The Nobility calling it Tyranny and mis-government , and the Prince calling the controlling of him , Sedition , Rebellion , Treason . But if Doctor Blackwood say that which you say , hee touches the point very right , and the fashion of our Countrey , whose ordinary custome hath ever been such , to take order with wicked Counsellours , carrying all respect to the Prince , and as much reverence as ever any Nation did . Yet that beginning with the Counsellours drew many at last by necessity to betake themselves directly to their Prince himself , when hee would needs espouse their quarrell , and either to protect and maintaine them , or to revenge them . So that if Blackwood say that it is lawfull to punish wicked Counsellours , he must confesse also , that it is lawfull to controll Kings . Neither is hee aware that in so saying , hee makes the Nobility ( or Estates ) Judges to discern whether the Counsellours bee wicked or not ; and whether their proceedings bee for the good of the Countrey , which he will alledge they are ; and that both themselves are good servants , and their service good and profitable to him and the Countrey ; and these actions which they do , and the counsell which they give , that they do them as his servants , and by his direction , as Counsellours advising and propounding things , not prescribing or enjoyning ; and therefore what is done against them , is not done against them , but against him ; and that they are not wicked , but good and faithfull men . Now the case standing thus , to whomsoever he allowes the power to put order to them as wicked , hee allowes them also power to cognosce of them as wicked , to judge of them as wicked ; and that contrary to the judgement of their Prince who will never judge them such . And indeed , unlesse it be so , when wicked men shall winde themselves in about a Prince , and abuse his name , or pervert his minde , How shall the Prince be preserved ? How shall the Countrey , the State , Religion , Lawes , Order , and particular mens estates be saved from ruine ? As hath been profitably and necessarily practised ( divers times before ) in this Kingdome ; and of late by us upon a flat necessity for his own good , and the good of the Countrey . And for my own part ( I will answer for one , and can answer but for one ) his good did as much move me to that course , as any private interest of my own : and I still shall as much regard it ( by GODS grace ) so long as this weak life is in my body . I know not how long that will be , and who lives longest , lives but a short time ; and I account not that hee lives , who lives onely to live this life , or to enjoy any thing that is in it . This Lesson I have learned substantially ( so my GOD hath schooled me ) and I speak it to you seriously , knowing to whom I speak . Neither shall ever any endeavour of mine have any particular for the last end of it . That all is not so well done and so clearly to the satisfaction of the Ministery , and all honestly affected , it grieves me as much as any , and I am not ignorant that these inconvenients follow thereupon , That we undergo the slander of respecting our particular , Of carelesnesse of the Church and Countrey ; as though all our speeches and Proclamations tending that way , had been but pretexts , and that if ever any such businesse should fall out again , our credit will not be so great . Yet ( not for these causes , but for the well doing it self ) my desire is , That every thing be rightly done , because it is right so to doe . But what can I help it ? I am but one of the society , neither can I perswade my associats to do otherwayes , nor am I able to compell them , nor were it fit I should , it not being the Law of a society to doe so ; but to do all with commune consent , and to obtaine what may bee obtained by a fair way , but to go no further . Otherwayes it would quickly dissolve into divers factions amongst our selves , and make some of us joyne with others to the overthrow of us all : which if ever it come to passe , it shall never be through any occasion from me . Men think ( I know ) that my place is a principall one , yet it is but the place of one ; neither is it so principall , but that there is as principall as it , equall to it , or ( perhaps ) beyond it , in respect of proxinitie to the Kingdome , if it should fall out so , which GOD forbid it should . For no King ( you know ) can ever bee so neare to mee , and therefore there is none whom I should or will affect so much . And this is it that carries it away from me , and gives them no little advantage : The Lord Hamilton being next the Crowne , is guided by the Master of Glames : and the Master delights to bee deep in his counsels , and pleaseth himself in this form of managing affaires , which you see is now used . I have many times told him ( and others also ) my opinion , but cannot bring them to it . If I should take a course to crosse and force them , How dangerous were it ? Yea , what concurrence or assistance should I have ? Or , of whose friendship could I assure my self ? Maxwell , you know what his respects are : and what Religion he is of . I can never forget the Watch-word he gave at Fawkirk , whereby he did plainly professe his disposition to superstition , Saint Andrew was it . And who knowes what intention he hath to retain the title of the Earle of Morton . As for your Chief ( the Lord Hume ) dare we think better of him ? My brother-in-law ( the Earle Bothwell ) how uncertain is hee ? What ado had I to retaine him at Fawkirk ? And what trouble have I still to keep him in good order ? There is onely one , of whose stedfastnesse and friendship I dare assure my self , as much as of my self , who is loving , faithfull and constant , and that is the Earle of Marre : yet hee hath been so tossed with troubles already , that he is loath to intangle himself a new , if it can be avoided any way . And why should not I be as loath to put him to any hazard , or to occasion any trouble to him , contrary to his disposition ? GOD forbid , but that I should bee as carefull of him as hee is of himself . And concerning their proceedings ; as I do not approve them altogether , so dare I not condemne them altogether . Wee have to doe with our Prince ; what should we not doe to gain him by all faire and Gentle meanes ? Wee ought not to crosse or thrall his will , but to draw it easily to a better temper ; and not so much oppose him , as by complying with his inclination a little , to winde him from that ill way and course hee hath beene set upon . He desires to bee at liberty , and to bee knowne to bee so , and it approves and justifies our proceedings to have it so , and testifies to him and to the world , our love and obedience , and what our mindes have been from the beginning toward him . Hee promiseth not to withdraw himself from us , to joyne with others ; our trusting of his promise will deserve that hee should continue with us , and will gaine his affection , which is a surer bond than a guard placed about him ; which would entertaine mutuall suspition , and move him to seek meanes of freeing himself from us : and hardly could any guard bee so kept , but that one set to escape , might finde a way for it ; not to speak of the charges that were required to entertaine it . Neither need wee to feare much , though hee had a minde to forsake us ; for wee know who would or could bee our partie , and what forces they have . That there are some suffered to remaine about him , who are no good friends to us , nay , who have been evill instruments against us , proceeds from the same ground : for it is done , that himself and others may see his liberty , and what confidence wee have in him . That the state of the Ministery is not brought to that point which we wish : wee cannot get it done suddenly , except wee will plainly and directly enforce his will : and how many would agree or concurre to that ? But wee hope to work it with his owne consent in time : for the Ministery insist in their right , and he commits them ; and wee intercede and mitigate his anger so farre , that it proceeds onely to a short and easie confinement or imprisoning . In the mean time , they have leasure to informe him , and hee of himself will be wearied with such continuall opposition ; and will give way to settle such a course as they desire ; and so it will be better and more durable , than if it should now bee extorted from him by any show of compulsion . These bee the grounds , upon which such as think themselves very wise amongst us , build their work ; which though it be not so framed , as to give every man present satisfaction ( who knowes not what their way is ? or if they knew , allowes not of it ? ) yet when they shall finde the effects thereof , they will think better of them . Neither are they afraid to want the assistance of such as are honestly affected , in case wee should bee assaulted by any ; for they cannot betake themselves to any other , having none else from whom they can look for any good in the least measure : nay , who is there besides , that hath not a very bad meaning ? And wee , though wee doe not all the good they would ; yet are wee doing somewhat , and keep off much evill ; and therefore they will rather take part with us , than suffer all to go to wrack . You may happly think that you have much to say against this : but ( as I said before ) though I approve not all , yet I do not condemne all ; so I say now , though I report all , yet I doe not approve of all ; and doe confesse that wee should doe much more , and it were better if wee could agree to it , and bee all of one minde . Yet this is the wisedome of our deepest and profoundest Politicians , whom I am resolved not to crosse nor presse any more , but to take my hazard amongst the rest ; and I doe hope , GOD will provide for me as well as for them , and that my part shall bee as well known every way to honest men . And therefore we will have no more objections nor reasoning at this time . Well , my Lord ( said the other ) it shall bee so then ; wee shall reason no more of this Subject . Indeed your Lordships part is best interpreted , save that they think that your authority should be of greater moment ( as you may see by this Letter ) and that you should rather go before all , than follow any . This one thing give me leave to remember concerning the King ; Hee is the most apparent instrument that is in Europe ( and so in the world ) of whom wee can expect greatest good and comfort to the Church of GOD ; as being the onely King that hath been bred in the purity and sincerity of Religigion , and therefore of great expectation ; and because of this expectation , greatly favoured and beloved of all true Professours of Religion every where : He is of a great spirit , ingine , wit , judgement , and learning . Great pity therefore it were , that such an one should be lost , either through corruption creeping into his own minde , or by the poysonable suggestions of others . You doe therefore exceeding well to cherish him calmly , and to entreat him gently , and deale with him in an humble and submisse manner ; which is the way to tame and gaine even wilde-beasts that are without reason ; farre more is it like to prevaile with reasonable men ; and most of all with Princes , who in respect of the height of their place , are not to be violently thralled or enforced , which were the way to spoyle them : as they write of Alexanders horse Bucephalus , whom Philips riders could not manage or over-master by force of bit or bridle , but Alexander by stroking and making much of him , made him manageable . And if ever you intend any worthy or great enterprise in this Countrey or in Europe , behold the mean , use it wisely , and the LORD of Heaven give successe . But this ( I hope ) may be suggested to your consideration , that you would weigh with your selves , and see whether or not this obsequiousnesse ( so to term it ) be the onely mean to be used toward him , smoothing all , and allowing all ; never mentioning the abuses that have been , and yet are in this Countrey ; or if it be not fit also to remonstrate freely ( though reverently ) what hath been , or ( perhaps ) yet is amisse in Religion and the common-wealth , in some such forme as is set down here in the end of this Letter . And whether it bee fit or tolerable for the gaining of him to a right course that such men as have no good meaning , have his eare , and bee his most intimate and inward Councellours . Now I feare mee greatly that the meane by which they have perverted all , and which may be still used to pervert all , and whereby they have gained most upon his tender age , is the eye he hath to our neighbour Kingdome of England , upon which his minde is greatly set , and to which ( no question ) he hath the right of succession ; yet hath he need of assistance to obtaine the possession thereof . And they perswade him ( as hee may also thinke of himselfe ) that this cannot be done without helpe from the Papists in England , France , Spaine , Italie , and from Rome it selfe ; and that the way to make them to be for him , is to put them in hope of him , by ( perhaps ) a present toleration , countenancing , cherishing , and advancing of their Religion . And this ( he may thinke ) cannot stand with the puritie of Discipline , and Government of our Church , which may make him the more averse , and hardly affected toward it , and thinke it fit to curbe it , and so the more to encline to Episcopacie ; by which as he shall more please the Statesmen of England , so shall he be able the more to restraine our Preachers , and their freedome of speech , and the more freely deale and trafficke with Papists , and so make use of all sorts of people , because he may thinke all sorts necessary for his ends , whereas ( indeed ) none of these are of great consequence . For Papists that are without the Countrey ( as France or Spaine ) will never in their hearts wish him to be King of England . France for his nearnesse to them will not desire that he be so great , in respect of his claime to their owne Countrey , and because so the league with Scotland will fall , and they shall want the assistance of the Scots against that title . Spaine pretends a title themselves , which the Papists in England will rather set forward then hinder . Such Papists as are within the Island are of small force , and almost of none yet in Scotland , and not so many in England as to counterpoise the Protestants . Bishops there stand by the State , not the State by them ; men of meane birth , no great riches , lesse following , attendance , or friendship ; easie to be framed to what course he pleaseth , their life-time being reserved , or without condition . Those that seek Reformation are the strength of that Countrey , and certainly the wisest in it , of greatest power by the peoples favour , and credit in Parliament , and every where . Your Lordship hath seene the lettter directed to you all from some of them , containing their judgement , not to be contemned : gaine these , gaine that Countrey . This ( as it is the truth ) would be imprinted in his minde by such persons and meanes as are fit , and others removed , who perswade him otherwise , and his Majestie made to know , that by blending and mingling of Religions , or by professing , or seeming to favour and incline to a contrary Religion , hee cannot attaine to that Kingdome . That hee is happy in this , that the professing and advancing of the true Religion is most profitable for his honour , and prosperous estate in the world , and the best meane to preserve his owne , and to attaine another Kingdome . Neither doth hee stand in need of any bastard , or spurious policie , or farre sought , profane , or wicked course ; a plaine and sincere uprightnesse , in maintaining justice , pietie and religion in this his present Kingdome , will serve his turne ; and the more seriously , fully , and exactly that he observe and follow this way , it will increase his credit and reputation so much the more there , and facilitate his designes . And this is that which will most throughly joyne him to your Lordship , as the opinion of the contrarie is the most effectuall meane that ever they can use to dis-joyne him from you . From the same ground it arises to be considered , whether it be fit to suffer his Majestie and the Ministerie to bee at such variance , they finding fault with him , and he committing and confining them ; and if it be not to be feared that it beget in him a loathing of them , and in them and the Countrey a wearinesse of him : And whether ( therefore ) it were not better to interpose your credit to informe him freely and truly , then thus to looke through your fingers ( as wee speake ) and behold things , and onely now and then procure some little reliefe to them ; which forme of dealing rather fosters the rancour , then remedies it , seeing the King gets not the thanks of it himselfe . Certainely if I were a Politician , an ill affected Statesman , and had a desire to make way for another intrant , I would take this course to incense him , and irritate him against the Ministerie , that hee might commit them ; or at least feed and foster his disposition herein , that so hee might bee brought to loathe them , and to bee loathed of them , and so take away that great expectation men had of his Religion , and their love to him for it : I would separate and divide him from such , and such from him ; then bring him to a neutralitie in Religion ; then to countenance men of contrary Religion ; then stirre suspicions on each side ; then alienation would follow ; and what not ? But as I am , out of my poore affection toward his Majestie , I doe wish that these occasions were taken away . I wish ( I say ) that your Lordship see to it , as you would have things right , and out of that minde you spake of , which was , that you have the honour to bee nearer in kinne to him , then to any King that can come after him ; howbeit your Lordship is in the same degree of kindred with the next apparent , my Lord Hammiltouns children . But you desire no change , I know , and that it may continue in the present race , as I am perswaded that Hammiltoun himselfe hath no other minde : yet the matter is worthy your Lordships consideration , so much the more , as ye have had experience how farre evill company about him hath had power alreadie to make things goe on . I leave it , and rest , as having no part or particular save onely to wish well , and to follow , as your Lordship goes before , In the meane time I have also here a note ( of a sheet of paper or two ) concerning the abuses in the Church and Common-wealth , sent to me by master James Melvin , to be ( I know ) imparted to your Lordship : you may lay it by you , and reade it when you have leasure , for your remembrance . This hee tooke ; and having read a little of it , with a deepe sigh , ( which expressed the inward passion of his heart ) God knowes my part ( sayes hee ) I shall neglect nothing that is possible for mee to doe ; and would to God the King knew my heart , how I am affected to his welfare , and would give eare to mee . But , &c. Many times was hee most earnestly dealt with to take more upon him , to frequent the Court more , and to make his residence at it ; especially by Sir Lewis Ballandine . His pretext was the common cause , and the good of it ; but it proceeded from a particular betwixt him and master John Metellane , then Secretarie , who had crossed him in some suite hee had concerning Orkney , and drawne the halfe of it to his owne use . For which cause hee endeavoured to employ the same Gentleman to have perswaded my Lord to that purpose : but he knowing both my Lords inabilitie of body , and aversenesse of minde , told him sincerely and plainly which way my Lord was inclined ; and that his disposition was not to be drawn by any man farther then he thought fit , out of his owne discourse of reason . And for his owne part , hee was to follow his Lordship , and not to goe before him , or prescribe him what he should doe . Sir Lewis grieved very much hereat , having beene familiar with him of old , and complained to his friends , that the Earle of Angus was too slow , and that he had one with him that was as slow as himselfe . Not long after , the infirmitie of his body increasing , and his strength and health decreasing , he was seldome able to come to Court , and could not stay long at it when he did come . I finde ( in a note of those times ) that at the Parliament holden in Edinburgh 1587. ( in June ) there was some dispute betwixt the Earle of Angus , and Master of Glames . But I remember no such thing , neither doe I know how there could bee any publicke dissention ( either in this , or any other thing ) howbeit they differed in judgement concerning the guiding of State affaires , yet I see not how that could come to any publicke contention . His associates propounded to him to accept the Office of Chancellour , which had beene vacant ever since the removing of James Stuart . This hee did familiarly impart to the former Gentleman , and asked his opinion therein . Hee answered plainly , That it was indeed the most fit place for him , as being the most honourable Office in the Kingdome , by which he might doe most good offices to his Countrey , in Councell , Session , and elsewhere ; and that by that occasion it brought great dependance , and many followers : That it had beene before in the hands of his Predecessours , as of Earle Archbald the first ( called Bell the Cat ) and of late in the Earle of Mortons , before he was Regent . Hee answered , that it required skill in the lawes , and more learning then hee had . It was replied , that ( in very deed ) much learning was not absolutely necessary ; that it was not knowne what learning Archbald the first had , and it is not likely that hee had much . But it was well knowne that the Earle of Morton had very little , or none at all to speake of , not so much in the Latine tongue as he himselfe had ; and yet hee had discharged the Office with credit . A naturall judgement to conceive and resume the question , and the reasons of each side , is more needfull in a Chancellour then learning , his part being properly to doe that , whereas the decision seldome hangs upon his vote . Or if it come to that , learning does not alwayes the turne , knowledge of the customes of the Countrey is more requisite , and is onely required in Councell . As for the Session businesse , the President does commonly supply the Chancellours roome . Besides , seeing that ordinarily the question is not ended at the first hearing , what is difficult may be advised , and tossed by whom your Lordship pleaseth , before the next hearing . And although you finde not that full sufficiencie for the present , which you could wish , yet time and custome will bring experience , and experience beget knowledge . And this is said to have beene observed of the Earle of Morton , that having beene rude enough at first , he became afterward very skilfull , and as able and sufficient as any man in the Kingdome : and therefore your Lordship needs not to distrust or diffide your selfe in the like case . Well ( saies my Lord ) I know not what dexteritie either of them hath had : and as for the Earle of Morton , though he wanted letters , yet hee was of a singular judgement , and rare wisedome , scarce to be matched by any in this age . But for my owne part ( as I yet thinke ) neither am I able for the present to discharge it , neither doe I thinke it fit to enter into an Office before I have learned what belongs to it ; neither can I digest to doe it by others , seeing I ought to doe it my selfe : yet I shall advise . The conclusion was , he rejected it , and thereupon it was given to Secretarie Metellane , to his associates great griefe , he having ever been a man of a contrary , faction and disposition in all businesse of the Common weale . Hee accepted of the Office of Lieutenant on the Borders willingly , being more sutable to his disposition , and his proper element , as we speake ; and he professed that he delighted as much to hunt out a theefe , as others did to hunt a hare ; and that it was as naturall to him , as any other pastime or exercise is to another man. But he lived not long after this , nor had he time to doe any memorable thing in it . He made onely one roade against the outlawed theeves of the name of Arme-strang ( most of them ) after the King was gone home , who had beene present at the casting downe of their houses . Hee pursued them into the Tarrasse Mosse , which was one of their greatest strengths , and whither no hoast or companies had ever beene known to have followed them before ; and in which they did confide much , because of the straightnesse of the ground . He used great diligence , and sufficient industry ; but the successe was not answerable either to his desire , or other mens expectation . Neither did hee forget to keepe his intention close , and secret , acquainting none of the people of that Countrey therewithall , untill he was ready to march . Then directing one Jordan of Aplegirth to goe to the other side , whither hee knew they behooved to slee , hee sent with him one of his especiall followers , whom hee knew to bee well affected to the service , to see that hee did his dutie . Hee himselfe with the Armie came openly and directly to the place of their aboade , that they fleeing from him , might fall into the hands of Aplegirth , and his companie , who were come in sufficient good time , before the Army could bee seene to that passage which they were sent to keep . But the birds were all flowne , and there was nothing left but the empty nest , having ( no question ) had some inkling and intelligence hereof ; but it could not be tried by whom the notice had been given them . In the retreat , they shew themselves , and rode about to intercept and catch such as might happen incircumspectly to straggle from the Army , and they failed very narrowly to have attrapped William Douglas of Ively , a young Gentleman of my Lords family ; for which incircumspection , he was soundly chid by him , as having thereby hazarded his owne person , and his Lords honour . After this he came to Langhop , where his infirmity having continued long , and being now increased through travell , it grew at last to a formed disease . Wherefore hee was carried from thence to Smeeton , ( neare to Dalkeith ) a house belonging to James Richison , of whom wee have spoken before . His care of the good of the Church ( which was ever in his mouth during his sicknesse ) shewed that it lay nearest to his heart of all other things . There hee departed out of this transitory life , with great comfort to himselfe ; and great griefe of all honest men , and with a generall regreting of all men ; there being none such an enemy to him , or who did so envie or hate him , as not to professe and expresse his sorrow for his death : King , Courtiers , Noblemen , Barons , Burgesses , Commons ; men of all degrees , ranke , qualitie and condition , did lament him : such was the forceable power of vertue in him . Of which wee will say no more , onely we will set downe this following Elogium to be considered by the Reader , then which nothing can bee said more true : Here therefore let it remaine as a witnesse of his vertue , and the Writers deserved affection . Morte jacet saevâ Angusius , spes illa bonorum , Terror malorum maximus : Cui , laude & luctu meritis , pia turba parentat ; Patrem , Parentem ingeminans . Par studium impietas simulat : quem carpere livor Vivum solebat , mortuum Aut veris sequitur lacrymis , aut gaudia fictis Celat pudenda ; & laudibus Saltem non fictis os penè invita resolvit , Seque arguit mendacii . O laus ! O veri vis ! O victoria ! honosque Cunctis triumphis clarior ! Yet were not the aspersions of his enemies ( if hee had any such ) of any moment or consequence : I say , if he had any , for he had no private enemies who hated him , or bore him any ill will for his owne cause ; onely such as were enemies to the Countrey , and the true Religion , hated him as a main pillar , and supporter of these . The greatest objection they had against him ( I mean that carried any show of truth ) was his modestie , ( which they termed slownesse ) but after his death , all mouthes were closed . The love which was generally borne to him was exceeding great , both for his house and families sake ( which was ever the most popular in this Kingdome of all other names ) as also , and that no lesse for his owne vertue , and personall humanitie and courtesie . He was of a blackish and swart complexion , tall of stature , and of a flender body , but well proportioned and straight limmed ; of a weake and tender constitution , and not very able to endure travell , but having courage enough , and willingnesse to undergoe . His death was ascribed to witchcraft : and one Barbary Nepair in Edinburgh ( wife to Archbald Douglas , of the house of Casshogle ) was apprehended on suspition , but I know not whether shee was convicted of it or not : onely it was reported that she was found guiltie , and that the execution was deferred , because she was with childe , but afterward , no body insisting in the pursuit of her , shee was set at libertie . Anna Simson , a famous witch , is reported to have confessed at her death , that a picture of waxe was brought to her , having A. D. written on it , which ( as they said to her ) did signifie Archbald Davidson , and ( shee not thinking of the Earle of Angus , whose name was Archbald Douglas , and might have beene called Davidson , because his fathers name was David ) did consecrate or execrate it , after her forme , which ( she said ) if she had knowne to have represented him , she would not have done it for all the world . He died the day of 1588. yeares : his body was buried in Abernathie , and his heart in Douglas , by his owne direction . He is the last Earle of the race of George , entitled Master of Angus , who was slain at Flowdon , &c. Of Archbald the ninth Earle of Angus . Angus by cruell death lies here , The good mans hope , the wickeds feare ; The praise and sorrow of the most Religious , who as having lost A father , mourn ; worst men are knowne To faine a woe if they have none : Envie , accustomed to wrong His guiltlesse life , imployes her tongue , Now a loud Trumpet of his fame , And weeps , if not for grief , for shame , Enforc't to give her selfe the lie : O! Power of Truth , O! victory , By which more honour is obtain'd , Then is in greatest triumphs gain'd . Archibaldus Duglassius Angusius . OLim saeva truci dente calumnia Clam vanas ad opes fraude viam struens Mussabat , posito aut palam pudore Jactabat caput in meum : ( O si non nimium credita ! ) Crimina , Foeda atrociaque infandaque crimina , Aut Diro Lepedo , aut fero Cethegi Patrandum genio nefas . Quos caecis stimulis ambitio impotens , Aut aestu rabies fervida pectoris , Auri aut sacra mali fames in omne , Egit praecipites scelus . Moliri in patriam incendia , spicula In patrem patriae , sanctaque numina Regum alti solio Jovae locata Celsis pellere sedibus : Regni praesidium , spem , decus exsterae Genti ludibrium tradere , civium Vota , & pontificis ( nefas ) tyranni , Romae degeneris metum . O linguae improbitas , callida nectere Fraudes , insidias , exitium bonis : Regum aures animosque suspicaces , Ficto ludere crimine . Haec cuncti cumulum stagitii manus Patrare ? haec facinus mens coquere impium ! Haec coctum potuit probare ? pectus Hoc conscire nefas sibi . At me qui sapiens intima sensuum Scrutaris Deus ( & quisquis erat mihi Arcani penito sinu reposti Testis ) crimine liberas . Vitae perpetuus compositae tenor , Mens legum patiens , imperii jugum Justi legitimum subire mitis ; Cunctis cedere lenitas : Non claros atavos stemmate regio , Regnatasque atavis penè provincias Et belli decora , & feri triumphis Partam Martis adoream : Non longo titulos ordine turgidos , Arces pennigeris turribus arduas , Non turbam numerans gravem clientum , aut Latis praedia finibus . Nudi simplicitas candida pectoris Et semper similis cana fides sui , Fraudes impietas licet , dolosque Laudan̄s clam sibi rideat . Sincerae rigidè justitiae tenax Dextra , a flagitio libera , sanguinis Expers innocui , doli rapinae , Solis noxia furibu●… . Archbald Douglas Earle of Angus . BLack slander erst her ends to gaine , Employ'd her Art to wound my name Low whispers were her secret traine , Her open force lies void of shame . O! that they had lesse credit found , As from the thought my heart was free ; Lepidus nor Cethegus own'd Such mischiefs as were charg'd on me : Whom love of vengeance set on fire , Or blinde ambition overswaid , Or hope of riches or desire Of pleasure , t' every vice betraid , As if my soul such plots had knowne As would a publicke ruine bring By justling from his sacred Throne My Countreyes father , and my King. And so to forraigne scorne expose The Kingdomes glory , shield and hope ; The peoples joy and dayly vowes , The scourge and terrour of the Pope . Thus wicked tongues with cunning Art Weave nets , the innocent to catch , And to the jealous eare impart Fain'd treasons , which their fanciesatch . So base a villanie to act Was it , for such a hand as mine , Or could my breast contrive the fact , Or conscious be of the black sinne . But I appeale my God to thee , Who know'st my heart , and to those friends Who were most intimate with me , How much I loath'd unworthy ends . The constant tenour of my life , Was calme obedience to the will Of rightfull power : detesting strife I shunn'd ( more then resisted ) ill . Though my descent from Kings I drew , And in my Grandsiers well might see A Princely power , none ever knew A bragging vanitie in me . No emptie titles fill'd my minde With hatefull pride ; nor stately tops Of Towr's , large fields , nor troups of kinde And humble followers , swell'd my hopes . An equall vertue led my way , A spotlesse truth adorn'd my heart , Let wicked falsehood boast and say ; Loe what I compast by my Art. By me sincere strict Justice dwelt , From guiltlesse bloud my hand was free , No wrong my harmlesse neighbour felt , Onely theeves punisht were by mee . Ad Archibaldum tertium , cum post primum exilium reversus , ultra Speiam Elginii in Moravia relegatus esset . Nuper fortunae varias experte procellas Angusie , & velis aequor a iniqua tuis : Nuper in immenso pelagi jactate profundo : Obruteque insanis pene voraginibus : Nunc quoque nescio quos iterum subiture labores , Quicquid id est sorti pectore perfer onus . Discute tristitiae nebulas ; frontemque serena : Anxietas animo sit procul atra tuo : Pelle graves curas , properantem & parce severi Sponte suâ fati praecipitare diem : Degeneres animos flatus levis aura sinistri Dejicit , aeternis in tenebrisque premit : At mala cum pungunt , tuleris si fortiter illa : Materiesque tibi causaque laudis erunt . Scilic et ille viros dignus numerarier inter : Hunc sequitur firmo gloria celsa pede : Cui dejecit mutatum nubila vultum , Blanda nec in fastus sustuiit aura leves : Qui solidum vitae servans , certumque tenorem , Robore fortunam vicit utramque pari . Ut fremat hinc Boreas , illinc ruat Eur us & auster , Et quatiat timidam fluctibus undaratem : Illa tamen medios inter secura tumultus Aetheris ; & rapidi vimque minasque freti , Saepe tenet cursum optatum , portaque potita Despicit irati murmura rauca maris . Hinc cape non obscura tuae exemplaria vitae Dura : nec rebus cedere disce malis . Magnis te quoque junge viris : quid passus Ulysses ? Exul in ignoto nudus inopsque solo . Quid cui Roma suae tulit incunabula gentis ? Queis sua in Adriaco Troia renata mari ? At quid ego haec antiqua ? quid & peregrina recordor ? Ditior exemplis stat patria alta sui●… : Stat genus ordine longo : atavos age , respi●…e , avosqu●… , Quot sunt Duglasiae nomina magne domus : Quot bello insignesque duoes , & fortibus armis Heroes ; saecli gloria quisque sui . Quem non nobilitat virtus afflicta ? polo quem Non 〈◊〉 ? 〈◊〉 〈◊〉 , un●…s erit . Omnis turba salo fortunae exercita , & omnes Passa vices , vers●… ludibriumque rotae : Quas pax infida insidias , discrimina bellum Quaeque habet exilii taedia , longa dies : Nec nisi post exantlatos , venêre , labor●…s , Otia ; nec nisi post dura pericla quies . Te quoque defunctum , confide , laboribus olim Laetior excipiet , candidiorque dies . Securusque inter du●…ces memorabis ami●…os , Tu quoque fortunae tristitia factatu●… . Tristia nunc : sed quae tune & meminisse juvabit : Agnosse & decoris prima elementa tui : Hac itum : hac quicunque alta affectabit , eundum est : Hâc te sublimi , gloria celsa , via Sistet avos supra , atque atavos , accingere : O te Quo sors ! quo virtus ! quo Deus ipse vocat ! Fallor ? an heroas supra priscosque f●…rosque Tollere te tanta sydera mole parant Virtuti labor est comes : ire per ardua rerum Gaudet & invicto fata superba grad●… . Aude ingens , jam nunc superi ad templa 〈◊〉 Olympi Carpere , qua pronum semita monstrat iter : Aude , inquam , nec tu surgentia nubila ventis Aetheraterram , undas tartarave ipsa time . Tantum , quem vener ar●… Deum pius , igne●…s insta Sollicitans ; cursus dirig●… ille tuos . Ille gubernaclo succedet rector & ille Inveniet facilem per vada salsa viam Anfractusque vagos per , & avia , & invia vitae , Et brevia , & syrtes saxaque caeca ratem Securam in placida sistet statione : perenne Ut teneas celsi flammea templa poli . To Archbald the third , when after his returne from his first banishment , he was confined to Elgine of Murray beyond Spey . THou who but lately didst endure the smart Of roughest stormes , and with a Pilots art Hast scap'd the many dangers of the seas , O Angus ! now in place of wished ease New troubles come : I know not by what fate : Keep your great spirit firme in every state . Shake off sad thoughts , and let your looks appear Chearfull , without the darkning clouds of fear . Deep cares expell , let not impatience haste Those ills , which of themselves approach too fast . Poor worthlesse soules are prest below the weight Of light afflictions : to a noble height In crosse affaires doe thou thy courage raise : By this thou maist obtaine deserved praise . He merits honour , and may justly be Esteem'd a man , whom no adversitie Dejects , nor prosperous successe fwels with pride ; But by a constant temper doth abide Still like himselfe , and with an equall minde Both fortunes beares . Let every boistrous winde And threatning wave oppose his labouring oare , He steeres his course , and seekes the wished shoare , Slighting the angry waters chiding noise . Let these ( like hard ) examples prompt your choice : Learne to meet ills , till you with all compare For fortitude admir'd : Ulysses bare Worse harmes then yours ; a stranger , poore , alone , Uncloath'd , an Exile , wandring and unknowne . Aen●…s and Antenor suffered long Ere Rome was built , or Venice : but I wrong Our owne , to dwell on strangers , since there be More store at home : marke the whole Progenie Of Douglasses your fathers , how they are Fam'd for their gallant acts in peace and warre : Each worthy was the glory of his time : None without vertue can to honour climbe . Looke on all ages , you shall hardly see One rais'd by fortune , but through miserie . Who live at ease , and least disturbance feele , Soone beare the mock'ry of her rowling wheele . How many traines hath peace ? What discords warre ? What troubles exile ? Yet no pleasures are Obtain'd but after toile ; nor have we rest Till dangers and difficulties are past . So thou , when this is past , hereafter may Injoy at home a calme and pleasing day : And to your dear friends chearfully relate The sad effects of Fortunes sullen hate : Sad now , but pleasant to remember , when Your prentisage hath brought a noble gaine . This is the way : would you a great name win ? Then tread the steps your Grandsires travell'd in . Where Vertue , Fortune , where your God doth call , Follow : my thoughts deceive me , or you shall Excell those Worthies who alreadie are , Or will be famous : so the starres prepare Your youth . Faire vertue never dwells alone , Hard labour is her neare companion : Un-easie taskes she loves , and joyes to beat The roughest wayes , and triumph over fate . Be bold and onward , take your mounting flight , Till you have reacht a true Olympian height . Be bold , I say , and let no furious winde , ( minde . ( Though earth and hell should mix ) shake your brave Onely with God , whom you must still adore , You may be instant , and his aid implore : Let him direct your course , and he will be Your Pilot through the waves of misery , Steering your barke by every Rocke and Shelfe : Each strait and wheeling Poole His sacred Selfe Will guide the Oare , first to a place of rest On earth , then after death thou shalt be blest . Faults escaped in some copies . IN the Preface , page 6. line 18. for Long Willie , reade Longe-ville . p. 11. l. 2. for unum , r. unam . l. 15. for Duglasius , r , Duglasiis . In the Booke , p. 14. l. 21. for wanted , r. was . p. 25. l. 11. supply sonne . p. 34. l. 36. supply lessened . p. 43. l. 1. sup . long . p. 52. l. 43. for in furious , r. injurious . p. 64. l. 1. for people . r. pope . p. 70. 72. 74. 76. 78. in the titles , for Galloway , r. Liddesdale . p. 76. l. 17. for rather , brother , r. father-brother . p. 80. l. 13. for Douglas , r. Angus . p. 85. l. 8. sup . Prince . p. 102. l. 37. for words , r. wounds . p 107. l 42. for making , r. marrying . p. 131. l. 38 sup . not . p. 145. l. 7. for thing , r. though . p. 148. l. 30. r. therefore sow on . p. 154. l. 34. for extracted , r. execrated . p. 168. l. 31. for life , r. Fife . p. 171. l. 44. r. the prisoners goods were exchanged . p. 177. l. 18. for moved , r. composed . p. 179. l. 34. for new , r. shew . p. 233. l. 30. sup . not . p. 244. l. 2●… sup . not . p. 277. l. 3. sup . honos . p. 278. l. 10. for mother , r. brother . p. 335. l. 32. sup . out of . FINIS Notes, typically marginal, from the original text Notes for div A45110-e900 Their Antiquitie and Originall . 2 Of their Nobility . 1. Of Vertue . 2. Of ; Degrees . 3. Of Offices and imployment . 4. Of bloud . 5. Of Fame . 3. Greatnesse . 4. Their valour . Notes for div A45110-e4600 Liv. lib. 7. de lacu Curtio . Livius . Notes for div A45110-e5300 Boet lib. 10. pag. 195. Holl. p. 164. Scot. Chro. Anno 787 Notes for div A45110-e10270 1316. King Robert Bruce in Ireland . The white battell . The battell of Billand . Herkley . The Douglas Emrauld Charter . Douglas sent into France to Balliol . 1327 Douglas at Stanhop park . Peace with England . King Bruce , dieth 1329 Notes for div A45110-e16260 His marriage . He is made Lord of Galloway . His sonnes . 1332. Battell at Duplin . Balliol Crowned at Scone . Douglas chaseth Balliol at Annand , the 25. of December , 1332. Warre proclaimed . Berwick besieged by K. Edward the third . Occasion of the battell at Halidoun hill . Notes for div A45110-e18200 Sonne naturall to Sir James . Her marriage One childe Marie . 1335 Convention at Perth , 2. April . 1335. Cummin overthrown at Kilblane , and slain . 1337. A battell at Blackburne . John Stirline defeated by Liddesdale . He takes the Castle of Hermitage . Hee fighteth five times with Lawrence in one day , and vanquisheth him . He is sent Ambassadour into France . Perth besieged by Robert Stuart . Recovereth Cowper . Perth taken . Stirline taken The originall of Innerleith . Occasion of taking the Castle of Edinburgh . The Castle taken , hee makes Archbald Douglas his brother Keeper . Alexander Ramsay taken by Liddisdale , and starved in the Hermitage . 1346. He is banished and restored again . The battell of Durham . King David ta●…en . Liddesdale taken also . 1353 He is slaine by the Earle of Douglas . Notes for div A45110-e21780 His marriage , wives , and children . Hee is taken prisoner at Du●…ham . Ransomed . He killes Liddesdale . And obtains his whole estate . Conflict at Nisbet-moor . He takes Berwick . 1355. Regained by the English. Douglas at the battell of Poictiers . 1363 A Parliament The union of the Kingdomes sought . Sir Thomas Musgrave taken by ' Douglas . The originall of the house of Glammes . 1384. Earle ' ouglas death . Notes for div A45110-e25050 His wife and children . The Originall of the houses of Drumlanrig , and Cavers . He goeth into France . He taketh Berwick . 15000. horsemen . Occasion of the battell of Otterburn . A combat betwixt Percie and Douglas . The battell of Otterburn . Douglas flain . Buried at Melrosse . He taketh and razeth the Castle of Lochmabane . His death . He founded the Hospitall of Holywood . Notes for div A45110-e27470 He is called the blacke Douglas . He marries the Kings daughter Egidia . His daughter married to the Earle of Orkney . He goes into Ireland . He takes and burnes Calinfoord . He returnes out of Ireland He is made Admirall . He is murthered by the Lord Clifford . Notes for div A45110-e28070 His marriage . His children . He refused to be Duke . His daughter Marjory contracted to Prince David . 1400. Their marriage . His death . He founded the Colledge of Bothwell . Notes for div A45110-e28740 His children . Or Tine man. Edinburgh Castle def●…nded by Douglas against King Henry the fourth . Occasion of the battell of Homildon , neere Milfield The battell lost , and Douglas taken . Occasion of the battell of Shrewsbury . Walter . Douglas taken 1406. He is set free . He burnes Penmoore . The soule road . His sonne Wigton and Buchan in France . The Duke of Clarence wounded by Sir John Swinton . Clarence slain by Buchan . Pasche Eve. The Earle Douglas goes into France . Made D. of Turraine The occasion of the battell of Vernoill . A battell at Vernoil : Douglas slain . The Scottish guard erected in France . Notes for div A45110-e33300 He is sent Ambassadour into England . Brings home the King. Variance betwixt the Governours . His death . Notes for div A45110-e43380 838. . Notes for div A45110-e44490 1389. His wife King Robert the third his daughter . First Laird of Fintrie . Notes for div A45110-e44750 Warden of the middle marches . 1436. The battel at Piperdean . 1436. He overthrevv Percie . Sir Gilbert Iohnstoun of Elphinston slain . Notes for div A45110-e45130 Dieth 1452. Notes for div A45110-e45290 Sibard his wife . Originall of the house of Balgonie , Sibard . Buch. lib. 7. Sibaulds . Sibaulds . His children . The originall of the house of Bonjedward . His person . He followeth the King against the Earle Douglas his Chief . 1457. He overthrowes the Earle Douglas & Percie in a bloudie battel in the Merse . Bond of Manreid and service by the Lord Hamilton to him . Indenture betwixt King Henry the sixth and him . 1460. He brings the French out of Anwick Castle . His death . 1462. Notes for div A45110-e47110 1468. His marriage . 1470. His children foure sonnes . Glenbarvies originall . Kilspindies originall . Three daughters . Base sonnes , Parkheads originall . He takes order with Cochran and the Courtiers . The relation thereof . 1474. Coghran a Mason . Coghrana a Singer . The King with his Army at Lawder . The Nobility meet in the Church . Angus makes this speech . The Lord Gray his speech . Angus called Bell the Cat. Cochran and his fellowes hanged . The Army dismissed the King comes to Edinburgh . Plot against the King. The K. sonne head of the faction of the Nobles against his father . Battell a●… Bannockburne . The K. 〈◊〉 . 1488. Five English Ships taken by Andrew Wood. A Parliament at Edinburgh 6. November 1488. Chambe●… . Lord Hume Angus Chancellour . Warre with England , and the occasion of the Field of Flowdon . Angus his speech to the King to disswade him from fighting , The field of Flowdon , 1513. Sept. 15. Angus death , 1514. A duel betwixt Angus and Spense . Notes for div A45110-e49280 1489. Cannabbie . 1491. 1510. Notes for div A45110-e49590 He marries Q. Margaret . The Queen looseth her Regencie by her marriage . Convention about choosing of a Governour . The Duke of Albanie made Governour . Prior Hepburn undermines the Lord Hume . Lady Margaret ' Douglas born at Harbottle in England . Ant. Darsius or De la Beaute slain 1517. Dissention betwixt Arran and Angus . 1520. Skitmish in Edinburgh betwixt them . 1520. 1521. Angus goeth into France . 1522. 1523. Albanies government abrogated . The Earle of Angus returns out of France . The Triumvirate of Angus , Argyle , and Lennox . The Triumvirate dissolved . The slaughter of Patrick Blackader , Archdeacon of Dumblane . A faction against Angus . Conflict betwixt Angus and Balcleuch at the bridge of Melrosse . 1526. Arran joynes with Angus , and Lennox makes up a faction against them . Conflict at Linlithgow . Lennox and Hamilton . Lennox slain . The beginning of a change with Angus , and his discourting . The King escapes to Stirlin Castle . Angus and the Douglasses banished from the Court. Parliament at Edinburgh the 6. of Sept. 1528. The Douglasses are forfeited . Tantallon besieged , Argyles expedition against them frustrated . Angus returneth to England . He and Sir George Privie Counsellours there . William . Glames burnt . Kilspindie dieth in France . Haldenrig . Hirsel lands given to A. Ker. Fawla . Solemne Mosse . K. James the fifth dieth . 1542. Hamilton Governour . Sir George Douglas his speech concerning marrying with England . Lennox comes home out of France . Angus and Sir George made prisoners . They are rel●…ased again . Lennox goes to England . Marries Lady Margaret Douglas . The Governour and Angus at Coldinghame . Sir Ralph Ivers , and Sir Brian Laitons expedition . Angus speech to the Governour . Occasion of Pinkie field . Defeature at Pinkie . Queen Mary sent into France , Queen-Mother Governour . The devill is in this greedy Glad she will never be full . Angus dyer . Notes for div A45110-e55470 His lurking and b●…ing a Greeve , He is a prisoner in England . R●…turnes . Lives retired and privately at home . He comes abroad , and begins to deal in publick 〈◊〉 . The Queen-Mother dieth . Morton Ambassadour in England . Queen Mary arrives in Scotland . Friendship betwixt Morton and Murray . Their ruine plotted . The Queen goeth to the North , they accompany her . The Queen at Innernesse . Alexander Gordon beheaded . She goes to Aberdene . The battle at Corrighie , 1562. Lennox and Henry Lord Darnely come ho●… . Proposition of martiage with the Queen . They mar●…y the 27. of July 1565. The Runne-about Rode. Morton Chancellour . Rizio . Rizio his death plotted by the King. Rizio killed . 1566. Martii 8. Morton flees to England . The Lord Ruthven dies there . Bothwell the Queens favourite . Morton returnes . King James borne . 1566. 19. June . The King murdered by Bothwell . The Nobilitie bands against Bothwell . The Queen and Bothwel at Borthwick Carbury hill . The battell of Carburie hill . 1567. June the 5. King James crowned . 1567. July 26. Murray Regent . Earle Bothwel a Pirate . Is pursued . Flees to Denmark . Dies mad there . The Queen escapes out of Logh-leven , 1568. May 2. The field of Langside the 10. of May. 1568. Langside lord . May 13. 1568. The Roade of Hoddam . The Regent goes to England . 1569. A Convention at Perth . Convention at Stitlin . The Earle of Northumberland taken , and sent to Logh-leven . The Regent Murray 〈◊〉 : at Lithgow . Convention at Edinburgh , 1. May. 1570. July 13. Lennox Regent . Morton goes to Brechin . The Regent also goes thither . The Garrison yeelds . Morton sent into England . He returnes and comes to Stirlin the 1. of May , 1571. The Lousie-Law . Parliament the 14. of May 1571. without the Gates of Edinburgh . A fight at Craig-Miller . the 2. of June 1571. Morton at Leith . Conflict with the Lords of the Queens Faction . The 10. of June . At the Gallow-Law . Parliament in Stirlin , the 4. of August . Contention about Bishops . An attempt upon Stirlin , and the Lords there . Lennox the Regent killed . Buried . 1571. Marre Regent 9. Septemb. Those of Edinburgh set fire in Dalkeith . A truce in August 1572. Marre the Regent dieth the 28 , of October . Morton Regent the 24. of Novem. 1572. The Queens partie within the castle of Edinburgh . The Castle blocked up . Parliament at Edinburgh , the 26. of Jan. Siege of the C●…le of Edinburgh . 1573. 〈◊〉 . April . The castle rendered the 19. of May. Grange executed . Parliament Jan. 26. 1572. Acts concerning Religion . Generall Assembly in Edinburgh . 1573. The Red Swire . Morton dim●…s 〈◊〉 The Lord Glames slain at Stirlin . Morton President of the Councell . Parliament in Stirlin Castle the 25. of July 1578. Duellbetwixt Tait and Johnston . Athole dies at Stirlin . The King comes to Edinburgh and makes his entrie the 17. of October . The beginning of Mortons fall . Obignie comes home in September . 1579. Controversie betwixt the Lord Ruthven and Olyphant . Morton accused of the K. murther . Imprisoned in the Castle . Morton is sent to Dumbarton . He is brought back to Edinburgh the 27. of May : And there condemned of treason . † It would be knowne what was in these Letters . His confession before his death . Morton ' brought to the Scaffold . His death . Notes for div A45110-e65750 His education . He fleeth in●…o England . Change in Court. 1582. Justice Aires in Perth in July . The roade of Ruthven 1582 August 24. Angus returneth home . He joins with the Lords against the Courtiers . 1583. I ennox dies in France . Gowrie takes a remission for the fact at Ruthven . Arran returns to Court. Angus confined beyond Forth . He is sent beyond Spaye . He goeth to Elgin in Murray . Discord betwixt the Ministers and Courtiers . Melvin flees to Berwick . His Apology Gowrie commanded to go beyond sea . Lodowick Duke of Lennox brought home . Gowry taken at Dundie . Angus comes to Stirling to the Lords . The Lords Declaration . The Lords flee from Stirling toward England . Archbald Douglas hanged . Argatie executed . Gowrie beheaded at Stirlin . 1584. the 28. of April . His Lady basely and beastly used . Parliament at Ed●…nburgh the 22. of May 1584. The Lords forfeited . Protestation against the Acts of Parliament by the Ministers . A●…ran mocks the ●…inisters . Maines and Drummewhasle executed . Angus at Newcastle . Angus his kindnesse and bountie . Master John Colvill sent to the Court of England , A letter from London to Angus from the Authour . Another Letter from the Author to Angus . The Lords brought to London . Plotting against Arran . Sir Lewis Ballandine Ambassadour in England . Sir Francis Russell killed . The Scots sue fo●… a Scottish Church at London but cannot obtain it . The Lords c●…m●… to the Borders . They come ●…o Fawkirk the 1. of November 1585. Their Declaration . The Road of Stirlin . M James Halden slain . Stirlin taken by the Lords . They come into the Kings presence . Glames Treasurer . A letter written to the Authour , concerning the State of those times . Presented to Angus . Discourse concerning Mr. Craigs Sermon . Of Obedience to Tyrants , and Impunitie of Tyrants . Bodinus his absurdity . Apol. cap. 34. Of Blackwoods opinion . Of Active and Passive Obedience . Angus an●… The Chancellours place offered ●…o Angus . Looke for the translation of these verses in the following page . The translation of the verses in the page foregoing . 
A92477	----	An atc [sic] approving of the good services done by the town of Glascow [sic], shire of Argyle and other western shires, in this conjuncture, with a return of the thanks of the estates to them. Laws, etc. 1689-03-28 Scotland. Convention of Estates. 1689 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92477 Wing S1056 ESTC R231544 99896835 99896835 137062 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92477) Transcribed from: (Early English Books Online ; image set 137062) Images scanned from microfilm: (Early English books, 1641-1700 ; 2448:13) An atc [sic] approving of the good services done by the town of Glascow [sic], shire of Argyle and other western shires, in this conjuncture, with a return of the thanks of the estates to them. Laws, etc. 1689-03-28 Scotland. Convention of Estates. Scotland. Convention of Estates. aut 1 sheet ([1] p.) : 2#20. Printed at Edinburgh, re-printed at London, by George Croom, at the Blue-Ball in Thames-street, near Baynard's-Castle, [London] : 1689. Signed at end: Ja. Dalrymple, Cls. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An ATC Approving of the good Services done by the Town of Glascow , Shire of Argyle , and other Western Shires , in this Conjuncture , with a return of the Thanks of the Estates to them . AT Edinburgh , March 28. 1689. The Meeting of the Estates of this Kingdom , taking into their Consideration , That by the sending of the standing Forces into England , the Estates were destitute of that Guard and Defence , which was proper and necessary in this Conjuncture ; and that several Persons well affected to the Protestant Religion , at the Diet of the Meeting of the said Estates , having repaired to this City of Edinburgh , from Glascow , the Shire of Argyle , and other Western Shires , did at the desire , and by Warrand of the Estates , put themselves to Arms , and since have so continued Watching and Warding , under the Command of the Earl of Levin , and demeaned themselves Soberly and Honestly , and been Active and Instrumental to prevent Tumults , and to secure the Peace and Quiet of this Meeting and Place ; and there being now some Scots Regiments arrived here , under the Command of Major-General Mccay , The Estates do therefore hereby Declare , That what is past , was good , acceptable and seasonable Service , and do approve the same ; and hereby gives Order to the said Earl of Levin to Disband them , and allows them to return with their Arms to their respective Homes , and do return their Thanks to the Persons who have been employed . Extracted out of the Records of the Meeting of Estates , by me , JA. DALRYMPLE , Cls. Licensed according to Order . Printed at Edinburgh . Re-printed at London , by George Croom , at the Blue-Ball in Thames-street , near Baynard's-Castle , 1689. 
A92479	----	Act asserting His Majesties supremacy over all persons and in all causes ecclesiastical At Edinburgh, the 16th of November, 1669. The Estates of Parliament having seriously considered, how necessar [sic] it is for the good and peace of the Church and State; that His Majesties power and authority, in relation to matters and persons ecclesiastical, be more clearly asserted by an act of Parliament;... Acts. 1669 Scotland. Parliament. Committee of Estates. 1669 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92479 Wing S1059 ESTC R231896 99897086 99897086 137278 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92479) Transcribed from: (Early English Books Online ; image set 137278) Images scanned from microfilm: (Early English books, 1641-1700 ; 2467:11) Act asserting His Majesties supremacy over all persons and in all causes ecclesiastical At Edinburgh, the 16th of November, 1669. The Estates of Parliament having seriously considered, how necessar [sic] it is for the good and peace of the Church and State; that His Majesties power and authority, in relation to matters and persons ecclesiastical, be more clearly asserted by an act of Parliament;... Acts. 1669 Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) printed by Evan Tyler, printer to the King's most Excellent Majesty, Edinburgh : 1669. All ecclesiastical customs, &c. inconsistent with His Majesty's supremacy are void and null--Steele. Arms 223; Steele notation: necessar his declares. Reproduction of original in the Bodleian Library, Oxford, England. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church and state -- Scotland -- Early works to 1800. Royal supremacy (Church of England) -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ACT Asserting His Majesties SUPREMACY over all Persons and in all Causes Ecclesiastical . At Edinburgh , the 16. of November , 1669. C R HONI SOIT WUI MAL Y PENSE THe Estates of Parliament having seriously considered , how necessar it is for the good and peace of the Church and State , That His Majesties Power and Authority , in relation to Matters and Persons Ecclesiastical , be more clearly asserted by an Act of Parliament ; Have therefore thought fit it be Enacted , Asserted and Declared , Likeas , His Majesty , with Advice and Consent of His Estates of Parliament , doth hereby Enact , Assert and Declare , That His Majesty hath the Supreme Authority and Supremacy over all Persons and in all Causes Ecclesiastical within this His Kingdom ; and that by vertue thereof , the Ordering and Disposal of the External Government and Policy of the Church doth properly belong to His Majesty and His Successors , as an inherent Right of the Crown : And that His Majesty and His Successors may Settle , Enact and Emit such Constitutions , Acts and Orders , concerning the Administration of the External Government of the Church , and the Persons imployed in the same , and concerning all Ecclesiastical Meetings , and Matters to be proposed and determined therein , as they in their Royal Wisdom shall think fi● . Which Acts , Orders and Constitutions , being Recorded in the Books of Council and duly published , are to be observed and obeyed by all His Majesties Subjects , any Law , Act or Custom to the contrary notwithstanding . Likeas , His Majesty , with Advice an● Consent foresaid , doth Rescind and Annull all Laws Acts and Clauses thereof , and all Customs and Constitutions , Civil or Ecclesiastick , which are contrary to , or inconsistent with , His Majesties Supremacy as it is hereby asserted , And declares the same void and null in all time coming . EDINBVRGH , Printed by Evan Tyler , Printer to the King 's most Excellent Majesty , 1669. 
A92481	----	Act condemning the transactions concerning the Kings Majesty, vvhilst he was at Newcastle, in the years, 1646. and 1647. At Edinburgh, 20. February, 1661. Scotland. Parliament. 1661 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92481 Wing S1074 Thomason 669.f.27[4] ESTC R210251 99869066 99869066 170701 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92481) Transcribed from: (Early English Books Online ; image set 170701) Images scanned from microfilm: (Thomason Tracts ; 256:669f27[4]) Act condemning the transactions concerning the Kings Majesty, vvhilst he was at Newcastle, in the years, 1646. and 1647. At Edinburgh, 20. February, 1661. Scotland. Parliament. 1 sheet ([1] p.) Printed by Evan Tyler Printer to the Kings most Excellent Majesty, Edinburgh : 1661. Annotation on Thomason copy: "March. 28."; the second 1 in the imprint date has been altered to "0". Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ACT Condemning the Transactions concerning the KINGS MAJESTY , VVhilst He was at Newcastle , in the years , 1646. and 1647. At Edinburgh , 20. February , 1661. THe Estates of Parliament , considering the many sad and dangerous consequences that do accompany the neglect and contempt of lawful Authority ; And that among the other Iudgements , wherewith it pleaseth Almighty GOD to visit such who resist the Powers , and oppose the commands of those intrusted by Him , as His VICEGERENTS , for the Government of His people , they are oft-times left to their own counsels , to do that which highly provokes GOD to wrath , renders themselves justly odious to the world , and hateful to their posterity . Whereof there is too doolfull an experiment in an Act of the printed Records of Parliament , of the si●teenth of January , 1647. entituled , Declaration of the Kingdom of Scotland , concerning the KINGS MAJESTIES Person . Which being now taken into consideration , The Estates of Parliament do find and Declare , That it was carried on , and concluded by a prevalent party , against the judgement of many of his Majesties Loyal Subjects ; And that it is a most sinful , disloyal , and unworthy Act , contrary to the will and commandment of GOD ; contrary to all Laws , Divine and Humane ; contrary to the Duty and Allegiance of Subjects ; contrary to all the rules of Justice , Honour , Gratitude and Humanity ; and highly reflecting on the honour of this ancient Kingdom , and the reputation of his ▪ Majesties good Subjects therein . And therefore the KINGS MAJESTIE , with advice and consent of His Estates of Parliament , doth hereby Annuall and Condemn the same for ever : And ordains it to be expunged out of all Records , and never to be remembred again , but with due abhorrence and detestation . And the Estates of Parliament , conceiving themselves obliged in conscience , to make the truth of this business , and the manner of the carrying of it , known to the World , for the just vindication of this Kingdom , and His Majesties Dutyfull and Loyal Subjects , who otherwise may seem to be comprehended and concluded in it . They do therefore , from their certain knowledge , declare , That even in that Parliament , ( from which many of his Majesties good Subjects were debarred , for their affection and adherence to His Majesties service and commands ) there was a considerable number of worthy Patriots , of all Estates , who , at the passing of that base Act , gave a publick testimony and disassent from it . Which is here recorded for their due honour ; And for which their memory will in all ages receive a famous celebration ; And that there were divers others , who , upon the pretexts of Reformation and assurances of the safety of His Majesties Person , being inveigled , were in the simplicity of their hearts drawn along for the time ; But shortly thereafter , being convinced of their error , did embrace the first opportunity to expiate the same , by freely hazarding their lives and fortunes in the year 1648. to redeem His Majesty from these restraints and dangers , which by that impious Act He was driven into . And therefore , His Majesty , with advice and consent foresaid , doth Declare , that the Act of Parliament foresaid , of the si●teenth of January , 1647. is not to be look'd upon as the Deed of the Kingdom , but as the Act of a few disloyal and seditious persons , who , having upon specious , but false pretences , screwed themselves into the Government ; did , by force of Arms , keep the same ; And from the conscience of their own guiltiness , being afraid of the justice of His Majesties Government , did violently carry on that Act. And in further owning thereof , did in the said year 1648. rise in Arms , in opposition to those who endeavoured to restore His Majestie to His Government , and to relieve Him from the imprisonment and hazard he was then lying under , as the natural effects of that unworthy transaction , so justly hereby condemned . And for the further clearing of the sence of this Kingdom , as to that base and treacherous act , and the aspersions , which have been thereupon raised as if there had been previous Transactions and Bargains of money for carrying on of the same , The Estates of Parliament declare , They do abominate the very thought of any such thing ; and that if at any time hereafter , there shall be discovery of any such wickedness ( which they are confident GOD Almighty will in His Iustice bring to light , ( if it be true ) and wherein they earnestly entreat the concurrence of all His Majesties dutyful and loyal Subjects ) The persons guilty therof , shall without mercy be pursued as the vildest of Traitors , and shall be incapable of the benefit of any Act of Pardon , Oblivion , or Indempnity for ever . A. Primerose . Cls. Reg : Edinburgh , Printed by Evan Tyler Printer to the Kings most Excellent Majesty . 166● 
A92482	----	Act containing the tenour of the band for securing the peace of the kingdom. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A92482 of text R211183 in the English Short Title Catalog (Thomason 669.f.13[74]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92482 Wing S1075 Thomason 669.f.13[74] ESTC R211183 99869915 99869915 162970 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92482) Transcribed from: (Early English Books Online ; image set 162970) Images scanned from microfilm: (Thomason Tracts ; 246:669f13[74]) Act containing the tenour of the band for securing the peace of the kingdom. Scotland. Parliament. 1 sheet ([1] p.) Printed by Evan Tyler, printer to the Kings most Excellent Majesty, Edinburgh : 1649. Signed: Willliam Scot, Cler. Parl. Appointing a form of declaration to be signed by suspected persons acknowledging the authority of the Parliament of 4 Jan. 1649, and promising not to oppose it, assist its enemies, or conceal plots against it, or break the union with England. Noblemen to find caution for 100,000 marks, barons 50,000, etc. -- Cf. Steele. Annotation on Thomason copy: "Jan. 20 1648"; 9 in imprint date crossed through. Reproduction of the original in the British Library. eng Scotland. -- Convention of Estates -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A92482 R211183 (Thomason 669.f.13[74]). civilwar no Act containing the tenour of the band for securing the peace of the kingdom. Scotland. Parliament 1649 771 1 0 0 0 0 0 13 C The rate of 13 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Emma (Leeson) Huber Sampled and proofread 2007-09 Emma (Leeson) Huber Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ACT Containing the tenour of the Band for securing the Peace of the KINGDOM . AT Edinburgh the twenty sixth day of January , the year of God One thousand six hundred and fourty nine years . The Estates of Parliament taking to their consideration the Acts and Precepts of the late Committee of Estates , for citing certain persons to give surety for the Peace of the Kingdom , according to the Band presented to them ; And that several Persons accordingly were conveened before them , and did give satisfaction thereanent . They do therefore ratifie and approve the saids Acts , Precepts and Bands ; and what hath followed therepon ; and now considering that it is necessary towards the setling , and securing of the Peace of the Kingdom , that the like course be prosecute , They do therefore Appoint and Ordain Precepts to be issued out , for citing such persons as were upon the late Engagement , or others as they shall think expedient , to compeir before them or their Committees , having power for that effect , to give surety and to subscribe the Band and Declaration , whereof the tenour followeth . Whereas I _____ am conveened to finde surety for keeping of the Peace of the Kingdom , Therefore to testifie my ready obedience to that which is so just and reasonable , And to witness my desire to hinder and prevent any danger or disturbance which may arise to this Kingdom , and to clear my resolutions ; I Declare , That I do acknowledge , the indiction , meeting , and constitution , the lawfulness , freedom , and authority of the Parliament of this Kingdom , conveened on the fourth of January One thousand , six hundred and fourty nine years ; And that I shall not any manner of way call the same in question . And I the said _____ As principall and _____ as Cautioner and suerty for me , faithfully binde and obliges us conjunctly and severally , and our heirs , That I the said _____ shall neither directly nor indirectly , consult , or act in any thing tending to the diminution of the authority of the said Parliament , or of the Committees of Estates that shall be appointed by them for the publick affairs : And that I shall not rise in Armes , or in any hostile way oppose their proceedings , for the prosecution of the Cause and Covenant , or concur with , assist , keep intelligence or correspondence with any invaders of this Kingdom , or risers in Armes within the same , against the fore said proceedings of the forementionate Parliament or Committees . And if I shall hear or know of any thing which may derogate from , or prejudge them in any sort , I shall as soon as I can possibly reveal the same to some of their own number to be communicate to the rest . And that I shall neither by my self , nor others by my knowledge or direction do , or suffer any thing to be done that I can let or hinder , which may disturb the present quiet or Peace of this Kingdom , or proceedings of these Judicatories as aforesaid , or which may prosecute the said late Engagement and expedition into England , or break the Union betwixt the Kingdoms , under the pain of _____ Consenting these presents be Rgistrate in the Books of Parliament , or of the Committee of Estates , That all execution , personall , and reall may pass hereupon , which hath been ordinary in the like cases , or which the Parliament or Committee shall think fit , and to that effect constitutes _____ My Pror . promitten de Rato , &c. Likeas , The Estates Ordains every Nobleman ( being cited ) to give the surety foresaid , And to finde Caution under the pain of an hundred thousand Merks ▪ And every Barron of quality under the pain of fifty thousand Merks ad Minimum , and other persons according to their severall degrees and ability . With certification , that whosoever refuse or fail herein , shall be holden and estimate as enemies to , and disturbers of the Peace of the Kingdom ; And to be proceeded against accordingly , as the Parliament or their Committees shall think fit . William Scot , Cler. Parl. Edinburgh , Printed by Evan Tyler , Printer to the Kings most excellent Majesty , 1649. 
A92503	----	At Edinburgh the 13. day of September. 1644. Act of the Committee of Estates, and the Lord Generall, the safe-guard of the lieges. This text is an enriched version of the TCP digital transcription A92503 of text R212196 in the English Short Title Catalog (Thomason 669.f.9[13]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92503 Wing S1132 Thomason 669.f.9[13] ESTC R212196 99870842 99870842 161111 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92503) Transcribed from: (Early English Books Online ; image set 161111) Images scanned from microfilm: (Thomason Tracts ; 245:669f9[13]) At Edinburgh the 13. day of September. 1644. Act of the Committee of Estates, and the Lord Generall, the safe-guard of the lieges. Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) Printed by Evan Tyler, printer to the Kings most Excellent Majestie, Edinburgh : Anno Dom. 1644. Reproduction of the original in the British Library. eng Soldiers -- Billeting -- Early works to 1800. Scotland -- Politics and government -- 1625-1649 -- Early works to 1800. A92503 R212196 (Thomason 669.f.9[13]). civilwar no At Edinburgh the 13. day of September. 1644. Act of the Committee of Estates, and the Lord Generall, the safe-guard of the lieges. Scotland. Parliament 1644 305 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion At EDINBURGH the 13. day of September . 1644. ACT Of the COMMITTEE of ESTATES , and the LORD GENERALL , for safe-guard of the Lieges . FOrsameikle as there hes been divers complaints and grievances made to the Committee of Estates , by the Lieges , from severall parts of the Kingdom ; Of the many insolencies and wrongs done upon them by Foot Companies and Horse-Troopes , their Officers and Souldiers , under pretext of taking Quarters as they goe or come thorow the Kingdom . For remeid whereof , and preserving the Lieges in time-coming from the like ; The Committee of Estates , and the Lord Generall , hes statute and ordained , and by thir presents statutes and ordains ; That no Officers nor Souldiers , either in Foot Companies or Horse-Troopes , presume nor take upon hand at any time hereafter , in their passing thorow this Kingdom , to commit or do any insolencies or wrongs to the Lieges , but that they addresse themselves for Quarters to those to whom by their warrants they are directed ; And that they leave their Tickets of all that they receive in name of Quartering : VVith certification to all such Officers or Souldiers as shall do in the contrary , that they shall be punished by Death , or otherwayes , according to Martiall Law and Discipline . And ordains thir presents to be published at the Market-Crosse of Edinburgh , and others places needfull , and affixed on all Landwart Villages and Towns , where-through none pretend ignorance of the same . Ordered by the Committee of Estates , that this Act be forthwith Printed and Published . EDINBURGH : Printed by EVAN TYLER , Printer to the Kings most Excellent Majestie . Anno Dom. 1644. 
A92524	----	Address to His Majesty, by the Parliament,. Scotland. Parliament. 1698 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92524 Wing S1178A ESTC R233222 45578436 ocm 45578436 172354 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92524) Transcribed from: (Early English Books Online ; image set 172354) Images scanned from microfilm: (Early English books, 1641-1700 ; 2627:8) Address to His Majesty, by the Parliament,. Scotland. Parliament. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.). s.n., [Edinburgh : 1698] "Subscribed at Edinburgh the 5th of August 1698. in name, presence, and by warrant of the Estates of Parliament. Seafield J.P.D.P." Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Company of Scotland Trading to Africa and the Indies. Scotland -- Politics and government -- 1689-1745. Broadsides -- Scotland -- 17th century. 2007-07 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ADDRESS TO HIS MAJESTY , BY THE PARLIAMENT , WE Your Majestie 's most Loyal and Faithfull Subjects , the Nobelmen , Barons , and Burgesses , conveened in Parliament , Do humbly represent to Your Majesty , That having considered a Representation , Made to Us by the Council-General of the COMPANY Trading to Africa and the Indies : Making mention of several Obstructions , they have met with , in the Prosecution of their Trade : Particularly by a Memorial presented to the Senate of Hamburgh , by Your Majestie 's Residents in that City , tending to lessen the Credit of the Rights and Priviledges granted to the said Company , by an Act of this present Parliament . We do therefore , in all humble Duty , lay before Your Majesty , the whole Nations Concern in this Matter ; And We do most earnestly Entreat , and most assuredly Expect ; That Your Majesty , will in Your Royal Wisdom , take such measures as may Effectually Vindicate , the undoubted Rights , and Priviledges of the said Company : And Support the Credit , and Interest thereof . And as We are , in Duty , Bound to Return Your Majesty most Hearty Thanks ; for the Gracious Assurances , Your Majesty has been Pleased to Give Us , of all due Encouragement , for Promoting the Trade of this Kingdom ; So We are thereby Encouraged at present , humbly to Recommend , to more Special Marks of Your Royal Favour , The Concerns of the said Company ; As that Branch of Our Trade , in which We , and the Nation We Represent , have a more Peculiar Interest . Subscribed at Edinburgh the 5th of August 1698. in Name , Presence , and by Warrant of the Estates of Parliament . SEAFIELD J. P. D. P. 
A92567	----	The last proceedings of the Parliament in Scotland, against the Marquesse of Argyle. Together, with the speech and defence of the said Marquesse, in vindication of himself from the aspersions of his having a hand in the deaths of His late Majesty, James Duke Hamilton, Marquesse Huntley, Marquesse of Montross. And of his dealing with the English after Worcester fight. Scotland. Parliament. 1661 Approx. 29 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92567 Wing S1251 Thomason E1086_5 ESTC R203476 99863422 99863422 115624 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92567) Transcribed from: (Early English Books Online ; image set 115624) Images scanned from microfilm: (Thomason Tracts ; 161:E1086[5]) The last proceedings of the Parliament in Scotland, against the Marquesse of Argyle. Together, with the speech and defence of the said Marquesse, in vindication of himself from the aspersions of his having a hand in the deaths of His late Majesty, James Duke Hamilton, Marquesse Huntley, Marquesse of Montross. And of his dealing with the English after Worcester fight. Scotland. Parliament. Argyll, Archibald Campbell, Marquis of, 1598-1661. [2], 14 p. Printed by T.M. for T.J., London : 1661. The words "His late Majesty, .. Montross." are bracketed together on title page. Annotation on Thomason copy: "march 30". Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Argyll, Archibald Campbell, -- Marquis of, 1598-1661 -- Trials, litigation, etc. -- Early works to 1800. Trials (Treason) -- Scotland -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. 2007-03 TCP Assigned for keying and markup 2007-03 Aptara Keyed and coded from ProQuest page images 2007-04 Mona Logarbo Sampled and proofread 2007-04 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion THE LAST Proceedings OF THE PARLIAMENT in SCOTLAND , Against the MARQUESSE of ARGYLE . TOGETHER , With the SPEECH and DEFENCE of the said Marquesse , In Vindication of himself from the Aspersions of his having a hand in the DEATHS Of His late MAJESTY , James Duke Hamilton , Marquesse Huntley , Marquesse of Montross . And of his Dealing with the ENGLISH after WORCESTER Fight . London , Printed by T. M. for T. J. 1661. AT THE Parliament House in Edenburgh , March 13. 1661. The Parliament being all Convened , THe Marquess of Argyle , being Accused with High Treason , at the Instance of Sir J. Fletcher , His Majesties Advocate , for his Interest was brought to the Bar ; his Lordship desired to speak but a few words before Reading the Inditement , assuring to speak Nothing in the Cause it self . Whereupon his Lordship was Removed a little ; and after some small Debate , the House Resolved , that the Inditement should be first Read : Then his Lordship desired that a bill ( which he had caused his Advocates give in to the Lords of the Articles ; desiring a Precognition ; with many Reasons , urging the Necessity of it ; to which he had Received no Answer ) might be Read before the Inditement ; which being likewise Refused , the Inditement was Immediately Read ; after Reading thereof , The Marquess being put off his first Thoughts , made this Extemporarie Discourse following . May it Please your Grace , &c. MY Lord Chancellor , Before I speak any thing , I shall Humble Protest my words may not be Wrested , but that I may have Charity to be Believed ; and I shall ( with Gods assistance ) speak Truth from a Heart . I shall ( my Lord ) Resume Mephibosheths answer to David , after a great Rebellion , and himself evil Reported of . Sayeth he , a Yea let him take all , since my Lord the King is come again in peace to his own House . So say I , since it hath pleased God Almighty , Gratiously to Return his SACRED MAJESTY , to the Royal Excercise of his Government over these Nations ( to which he hath indoubted Right ) and most Unjustly , and Violently , thrust therefrom , by the late Tyrannizing Usurpers . It is ( my Lord ) exceeding matter of Joy to us all , that , that Iron Yoak of Usurpation ( under which we have these many years , sadly Groaned ) is now broke : and with such Freedome , this High , and Honourable Court of Parliament are meeting together , under the Refreshing Warm Beams of his MAJESTIES ROYAL GOVERNMENT , so much longed for , by our almost starved Expectations ; and I do earnestly wish his ROYAL Presence upon his Throne amongst us ; but since at this time , that great happiness cannot be probably expected ; I am glad , that his Majesties Prudency hath singled out such a Qualified , and Worthy Person as my Lord Commissioners Grace , to Represent himself : whose Unspotted Loyalty to his Majesty , we can all Witnesse . I cannot ( my Lords ) but acknowledge , that there are two Grand Mercies , which comfortably attend my present condition . One is the High Thoughts I deservedly Entertain , of that Transcendent , and Princely Clemency , wherewith his SACRED MAJESTIE is so admirably Delighted , abundantly Evindenced by many Noted and Singular Testimonies , in all the Steps of his Majesties Carriage ; as those most Gratious Letters , Declarations , and that Free , and most Ample Act of Indempnitie , &c. Granted to all his Majesties Subjects , to Eradicate any Time●ous Jealousie of his Majesties Gratious Pardon ; which might happily arise , by serous Reflectings , convincing them Forcibly of their own Miscarriages , in these most unhapy times of Distraction , The Effects ( my Lords ) of which Princely Deportment , I am confidently hopeful , his Majestie hath already Experimentally , and shall futurely find , prove an effectual cement , to conciliate the most Antimonarchich , and Disaffected Persons ( excepting some ) those Barbarous Phanaticks ) in all his Majesties Dominions ) most willingly to the Subjection of his MAJESTIES ROYAL SCEPTER ; and with a perfect Hatred * Abominate all Disloyal Practises in themselves , or others in all times coming . The second is , my Lords , when I consider , that my Judges are not such as we had of late ( strangers ) but my own Country men ; both which joyntly together with the Royal Sence , and Solid Convictions I had of my Innocency , of these Calumnies most Unjustly charged upon me ) Encourages my hopes rather , to expect such dealing , as will most Sympathize with that Clement Humour , ( to which his SACRED MAJESTY hath such a Natural Propensitie ) and such equal Administrate Justice , ( void of all byassing prejudices ) as will be most sutable for such a High , and Honourable Meeting . I shall therefore ( my Lord ) desire to use Pauls answer for himself , being accused of his Countrymen , ( I desire not to be mistaken ) having a learned Orator ( Tertullius ) accusing him , as I have my Lord Advocate : Pauls was Heresie , mine of another nature ; but I must say with him , * That the things they all laid against me , cannot be proved . But this I confesse , in the way allowed , by Solemn Oaths , and Covenants , I have served God , my King , and my Countrie , ( as he said ) which they themselves allow . Therefore I shall ( my Lord ) Remember ( not with Repining , but for Information ) my hard usage , never having had any hearing , nor allowance of Pen , Ink , or Paper , until I received this Summons ; which was ( in Effect ) a load , above a burden ; Enemies ( both Scots and English ) out of malice , Calumniating me for all the same things , excepting what relates to his Majesties most Royall Father of ever Glorious Memory . Therefore , ( My Lord , ) I beg Charity and Patient hearing , not doubting , but the Wisdom and Goodness of the Parliament will be so favourable , and not as the inconsiderate multitude ( as a learned able man writes ) sayes he a As we see in experience , that Dogs they alwayes bark at those they know not : And that it is their nature to accompany one another in those Clamours ; So it is with the inconsiderate multitude , who wanting that vertue which we call Honesty in all men , and that speciall gift of God , which we call Charity in Christian Men ; Condemn without Hearing , and wound without Offence given ; led thereunto by uncertain report only , which his Majesty King James only acknowledgeth to be the Father of Lies . I shall not desire to be in the least mistaken by any that hear me : But sure I am , it is pertinently applicable to my Case . I intreat likewise your Lordships seriously to consider the words of another Notable Man , c who sayes ( d ) As the Tongues of Parasites are ill Ballances to weigh the vertues of Princes , & great Men ; so neither ought theirs nor other Mens Blemishes be looked upon , as they are drawn with the deformed Pencill of Envy , or Canker , which do alwayes attend Eminency , whether in Place or Virtue . I shall not ( My Lord ) be so presumptuous , as to Arrogate any thing to my self in this , only I want not the two Companions ; for I am but a weak Man , Subject to many Failings and Infirmities , whereof I do not purge my self ; for as we must all confesse to God Almighty , * if he should mark Iniquities , who can stand ? Neither shall I say , that there cannot an hole be discovered ( as the Proverb is ) in my Coat : and it cannot but be so with any , specially such as have laboured in such times and businesses ; but I blesse the Lord , that in these things which hath been , and are here cast upon me , I am able to make the falshood , and misconstructions of them palpably appear . My Lord , ( before I mention any thing in particular ) I must shew this Honourable Meeting of Parliament , & all that hear me ( who doubtless have various Apprehensions of my being present in this condition , ) that I am here rather upon the account of Misfortune than Injury , wherein I desire to explain the differences , as Plato and Aristotle do very well , Calling Injuries , such things as are done purposely , and with a wicked mind ; And misfortunes , such things as are done with a good mind , though the events prove bad ; yet , we could not foresee them . So ( My Lord , ) I shall take God to Record ( who must judge me one day , ) upon my Conscience , that what I did , flowed not from any Injurious Pinciples to any , though I acknowledge , the events were not still successefull , which was my misfortune indeed : But it has been my lot often , in these times , ( wherein I , and many others , were inevitably involved by the malicious tongues of my Calumniating Enemies , to be misconstrued for the worst ; yea , even in many which the Lord was pleased to make successefull : For the truth of this , I may ( I hope ) safely appeal to many in this Honourable House , who can abundantly witnesse my Faithfull , and Loyall Endeavours for both My King , and Native Country , whereof I should be very sparing to be a Herald my self , were not the contrary so impudently affirmed . There are five main Calumnies , that I desire ( My Lord ) to satisfie all that hear me a little in , to the end , that the rest of less moment , may be likewise ( in its own due time ) heard afterward , abstracting more from personal prejudice . The first Calumny is , My Lord , concerning that Horrid and Unparaleld Murder of his late ROYAL MAJESTY , of Eternall blessed Memory : I do here publickly declare , That I neither desire , nor deserve the least Countenance , or Favour , if I was either accessary to it , or on the Councell , or Knowledge of it : which to make clearly appear , is under Oath in the Parliament Books 1649. ( whereof I was the first Startour my self ) to the intent , we might both Vindicate our selves , and Endeavour a Discovery , if any amongst us had any accession to that Horrid and Villanous Crime ; As also in my latter Will , which I made ; going to England , in Anno 1655. or 1656. fearing what possibly might hereafter be obtruded by any upon me or my family upon that account , I set it down , to clear me to posterity , that I was altogether free of that detestable and execrable Crime , or of any prejudice at his Majesty , in either Person or Government . I left this with a very worthy Gentleman , ( I believe ) well known to your Lordships all , and never saw it since ; So your Lordships may be pleased ( if ye will ) to call for it , and try the truth ; Whatsoever other thing may be in it , I hope ( My Lord ) this Opportunity is a mercy to me , to have that Vile Calumny ( among many others ) against me to be cleared . And ( My Lord ) to make this particular yet more evident , I did still , and do positively assert , That I never saw that monstruous Usurper , Oliver Cromwell in the face , nor never had the least Correspondence with him , or any of that Sectarian Army , untill the Commands of the Committee of Estates sent me with some other Noble Men , and Gentlemen , to the Borders , in Anno , 1648. to stop his march into Scotland , after those who returned from Preston fight . Neither , after he left the Borders in the Year 1648. did I ever Correspond with him , or any of that Sectarian Army ; So unsatisfied was I with their way , after the wicked and sinistrous courses he and they were upon , afforded evident Presumptions for us to apprehend , That he , and they , intended prejudice to his Royall Majesty : onely one Letter I received from Sir Arthur Haslerig ; to which I returned Answer , That he might have spared his pains in writing to me : For I blessed the Lord , who had taught me , by his Word , To Fear God , and Honour the King , and not to meddle with them that were gi●en to Change. Though Sir Arthur be now dead , yet he acknowledged to severall in the Tower , that my Letter he still had : and when I was there , I often desired he might be posed , and examined upon it ; which I can presently instruct . And during ( my Lord ) my being in England , neither at London , nor Newcastle , in Anno 1647. there was not any thing so much as mentioned , concerning his late Majesties person : All that ever I heard of it , was in publick Parliament 1647. The Commissioners papers at London , and Committee-Books at Newcastle , will clear this fully . The second Calumny is , Anent the inhumane murther of Duke James Hamilton . My Lord , it s well known , my great respect to that truly Noble , and Worthy person ; whereof ( upon all occasions ) I gave ample testimonies , and can yet convince any of his Friends with the Reality of it ; and evidenced my true Sorrow , for the wicked cruelty commited on him . But indeed , I cannot deny , I refused to Complement Cromwell on his behalf ; he having ( my Lord ) been immediately Proceeding so Instrumental , and so very Active in that most Horrid , and Lamentable Murder of his late SACRED MAJESTY . And if I had done otherwayes , undoubtedly , it had been a more Black Article in that Lybil now Read , then any that 's in it . The third Calumny is , that which breeds a great part of these groundless Clamours , ( though it be not in the Inditement ) i● my Lord Marquess of Huntly his death , wherein ( I may truly say ) I was earnest to preserve him , as possible I could , which is very well known to many in this Honourable House . And my not prevailing , may sufficiently evidence , I had not so great a stroak , nor power in the Parliament , as is Lybelled . And my Lord , for his Estate , I had nothing in that , but for my own absolute necessary Releif : and was even most willing to part with any Interest I had therein ; getting his friends ( who professed Zeal , for the standing of the Familie ) engaged for warrandise to me , for any proportion that should happen to fall for my satisfaction . And to Evidence that I was no means to harm the Familie , I stood with my Right , betwixt all Fines , and Forfeitures of lands , and accompted for any thing I did receive : and to manifest yet further , that the burden of that Family , was not from any Extrinsick cause to themselves ; I have under the old Marquesses own hand , and his Son George Lord Gordoun , ( who was a very worthy young Nobleman ) the just Inventory of their debts , amounting to about one Million of Mark Scots , in Anno 1640. It would I fear , ( my Lord , consume too much of the Parliaments pretious time ) to hear many other circumstances to make this particular more clear : which I shall at this time forbear . The fourth Calumny is , The Death of the Marquess of Montrose . There are many in this House ( my Lord ) who know very well , I refused to meddle either in the matter , or manner of it ; and so far were we from having any particular quarrells at one another , that in Anno 1645. he and I was fully agreed upon Articles , and Conditions , contained in a Treaty past betwixt us ; and it was neither his fault , nor mine , that business did not end at that time ; which ( its known to all ) proved very Obnoxious to the Kingdom thereafter . The fifth Calumny is , concerning my dealing with the English after Worceter fight : it s well known ( my Lord ) to many , that my self , and the Gentlemen of Argyle-shire ( my Kinsmen , Vassalls , and Tennants ) Endeavoured Cordially , to engage all their Neighbours about them , on all hands against the English , which they did not prevail in ; but was most unhappily made known to the English Commanders , for the time , ( which they caused immediately to publish ( as a very notable discory ) in their Newes Books ) which occasioned two sad Disadvantages to us ; for they not only crushed our attempts in the infantry , but also determined the severer Resolutions against us ; whereby two strong Regiments of Foot ( Overtons and Reads ) and very neer the number of one of Horse , ( under the Command of one Blackmore ) were sent to Argyle-shire , and when Dean came there , it pleased God to visit me with a great distemper of sicknesse , as Dr. Cunningham , and many others who were with me can witness . What ( my Lord ) I was pressed unto , when I was violently in their hands , may be instructed by the paper it self , written by Deanes mans own hand , yet extant to show , which I did absolutely refuse , upon all the hazard of the uttermost of their malice ; as also what I was necessitated to do , is likewise ready to be shown , whereby I was still detained their Prisoner upon demand . I shall ( my Lord ) add one Reason more to clear this , besides many other weighty publick Reasons and Considerations ( which I shall forbear to mention at this time , it being more naturall to bring them by way of defences afterwards ) my own interest , and of all Noblemen , and Superiours in Scotland ; it may be rationally presumed , that I had been a very senseless fool , if ever I had been for promoting such and such Authoritie , or interest over me , as levelled all , and was so totally destructive to all that differenced my self , and other Noble-men , from their own Vassals ( which many sayes they were too earnest in ) yea , it being likewise so absurdly derogatory to all true Nobilitie , and my Ancestors and I ( as is said in that Lybell ) have had so many titles of Honour , Dignitie , and Eminent Places of Trust conferred upon us , by his Majesties Royal Predecessors and Himself , all for our constant Loyalty and adherence to the Crown , at all Occasions , ( as the Records and Histories of this ancient Kingdom holds forth , besides the narrative of all our grants ) and asserting the just Priviledges thereof against Opposers . I did ( my Lord ) ever ( even when the Englishs were at the intollerable height of Usurpation ) declare my abhorrence to a Common-wealth Government , which was well known to them all . I was not indeed ( my Lord very dissatified , when there were Rumors current , of Cromwells being made a King ( as some here can witness . ) for I told them , it was the most probable way for his Majesties advantage ; therefore the less it were opposed ; and the more it were encouraged , it would tend to Cromwells , and their deformed Common-wealths Governments ruine ; and promote his Majesties just interest the more . My Lord , I shall not much blame my Lord Advocate for doing his Endeavour , ( it being in Essentiall part of his function to accuse ) but I must say , that its very hard measure , that so able a man hath neer as many moneths , in taking paines to promp as many Enemies as his perswasions could possibly invite , to bend upon the highest notes of their malice , and laying out search by them for , and collecting all the Bad Reports , or rather ( to give them their genuine term ) I may call them a confused mass of the Common Classis of the Countrie ; thereby to devise misconstructions of all the publick actings of both Parliaments or Committees , during the late Troubles , and with strange and remote Inferences , and to adduce all those to the channell of my particular Actings , as many I say ( my Lord ) moneths , as I have dayes to Answer them , ( being an exceeding disadvantage . ) But ( my Lord ) that 's not all , I am likewise extreamly gauled , that he labours in that Libell all along , to draw an obscure vail of perpetuall Oblivion over all my Good Services , and specially my Faithfull , and Royall Endeavours , in Restoring his Sacred Majesty to the Crown of his this most Ancient Kingdom of Scotland , and the excercise of his Majesties Royall Authority therein ; with my cordiall Endeavours for his Majesties Restitution to the rest of his Dominions also , which his Majesty both knows , and has been pleased often to acknowledge it to have been Good Service : and yea , many present in this Honourable House knows , that I extended both my Zeal and Affection to the uttermost of my power , for his Majesties Service in that particular : which I willingly acknowledge nothing ( my Lord ) but my Duty , whereunto I was Tied , both by Natural , Civil , and Christian Bonds to my Soveraign ; and especially such a Deserving KING , of whom I may now ( as I have often ) Affirme , That he is a King , in whom the Lord has taken such pleasure , as to possesse his Majesty with so many Superlative Degrees of Excellency , that any of his Princely perfections may be a Characteristick Distinction sufficient to Exalt his Majesties Fame , both in our Age , and to the subsequent Posterity , above all the Monarchs in the World. So ( My Lord ) we may consequently discover a high Demonstration of the Lords singular Kindness , and speciall providentiall Care for us his Majesties Subjects , in preserving such a Rich Blessing as his SACRED MAJESTY ; ( in whom the happiness of these Nations is wrapped up ) under the safe wings of his Divine Protection , I may say , even when the extravagant malice of men would have swallowed him up . After his Lordship had ended this discourse ( being heard very attentively by all without any interruption ) my Lords Advocate sayes to my Lord Chancellor thus , My Lord Chancellour , but what can the Marquess of Argyle say to the opposition at Striveling in Anno , 1648 ? The Marquess replyed , that he found my Lord Advocate endeavoured to bring him to debate the particulars , which he hoped should be cleared at a more convenient time , and waved it , answering nothing to the thing it self , but insisted thus : ( My Lord Chancellour ) I have Informativè only hinted at the main things , which I am often charged with , my memory cannot fully reach all , neither will time permit to Circumstantiate these particulars , which I have onely touched in the generall ; nor is my purpose at present , to fall on the debate of that Libell , not having , as yet unfolded the processe . By reason those Advocates your Lordships was pleased to allow me , have not yet all embraced , and the excuses of my ordinary Advocates ( in whom I had confidence ) being admitted as relievant : And this Gentleman that hath been pleased ( in obedience to your Lordships commands ) to come here with me , not being much acquainted with matters of this weight , and not having embraced till within these two or three dayes , so that they are strangers altogether to my case . I shall therefore ( my Lord ) humbly desire , that a competent time may be allowed me , that I may prepare my defences , and I shall ( God willing ) abundantly clear every particular in the Libell . And also ( my Lord ) I humbly desire , that those other Advocates , who were ordained by your Lordships to assist me ; after the Honourable Lords of the Articles rejected their excuses , they may be now Ordained by your Lordships , to consult and appear for me . The Marquesse his Advocates entred a Protestation , that what should happen to escape them in pleading ( either by Word or Write ) for the Life , Honour and Estate of the said Noble Marquesse their Client , might not thereafter be obtruded to them as Treasonable ; whereupon they took Instruments . The Marquesse assured my Lord Chancellour , that he knew not of any such protestation to be presented , and that it flowed simply of themselves , and not of him . Whereupon my Lord Chancellour desired the Marquess and his Advocates , to remove till the House should consider of both ; my Lord Marquesses desire , and the Advocates Protestation . The Marquesse and his Advocates being removed , The House ( after some small debates ) Resolved , as to my Lord Marquesses desire , his Lordship should have till the 26 of March to give in his Defenses in Write , and ordained Mr. Andrew Ker to be one of his Advocates . As to the Advocates Protestation , The House Resolved , That they could not be allowed to speak any Treason , either by Word or Write , but upon their perill : only allowed them , in the generall , as much as ever in such cases was indulged to any . The Marquess and his Advocates being called in , my Lord Chancellour intimates the foresaid Resolutions of the House , both in reference to my Lord Marquesses desires , and to the Advocates , in relation to their Protestation . When my Lord Chancellour had done , the Marquesse spake as followeth : My Lord Chancellour , There is one thing that had almost escaped me , anent that Opposition at Striveling 1648. that my Lord Advocate was speaking of , that it may not stick with any of this Honourable Meeting , I shall ingenuously declare , that after the Defeat at Preston , I was desired to come , and meet with the Committee of Estates ( meaning those who were not in the then Engagement ) I came with some of my Friends to Striveling , fearing no harm , nor suspecting nothing ; I was invaded by Sir George Monro , where several of my Friends were killed , and my self hardly Escaped ; which is all that can be said I acted in Armes , which many here knowes to be most true . My Lord , not that I am any wayes Diffident , but I shall in due time clear every particular in that Libell : yet I am not a little troubled , That some , who have heard the Calumnies therein , may let them have such an Impression ( being asserted with such confidence ) as to conceive a possibility , if not a probability of their being true . I shall therefore humbly desire so much Charity from this Honourable Meeting , that there may be no hard thoughts entertained by any , till I be fully heard . The Marquesse thereafter , with joint Concurrence of his Advocates , humbly desired , That his Bill , containing many pungent Reasons for a precognition of his Business , given in to the Honourable Lords of the Articles , may be considered in plain Parliament . To which my Lord Chancellour Replyed , That it had been formerly refused at the Articles , and that it would not be granted . FINIS . Notes, typically marginal, from the original text Notes for div A92567-e180 a * 2 Sam. 19. 30. * Psal . 139. 22. * Acts 24. 14 , 15 , 16. a Sir Walt. Rauleighs Preface to the Hist . of the World. c Speed in his History . * Psal . 130. v. 3. 
A92573	----	A letter from the meeting of the estates of the kingdom of Scotland to the King of England, in answer to His Majesties letter, direct to them ... Edinburgh, March 23. 1689. Scotland. Convention of Estates. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92573 Wing S1281 ESTC R43920 42476327 ocm 42476327 151321 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92573) Transcribed from: (Early English Books Online ; image set 151321) Images scanned from microfilm: (Early English books, 1641-1700 ; 2255:1) A letter from the meeting of the estates of the kingdom of Scotland to the King of England, in answer to His Majesties letter, direct to them ... Edinburgh, March 23. 1689. Scotland. Convention of Estates. 1 sheet ([1] p.). [s.n.], Edinburgh : Printed in the Year, 1689. Concerning the preserving the Protestant religion and a proposal of union. Reproduction of original in: William Andrews Clark Memorial Library, University of California, Los Angeles. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Foreign relations -- Great Britain -- Early works to 1800. Great Britain -- Foreign relations -- Scotland -- Early works to 1800. Great Britain -- History -- William and Mary, 1689-1702. Scotland -- History -- 1689-1745. Broadsides -- London (England) -- 17th century. 2007-07 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A LETTER From the Meeting of the Estates of the Kingdom of Scotland , to the King of England , In Ansvver to His Majesties Letter , Direct to them . May it please Your Majesty , AS Religion , Liberty and Law are the dearest Concerns of mankind , so the deep sense of the extream Hazards these were exposed to , must produce suitable Returns from the Kingdom of Scotland to Your Majesty , whom in all Sincerity and Gratitude , we acknowledge to be under God , our great and seasonable Deliverer ; and we heartily Congratulat , that as God has honoured Your Majesty to be an eminent Instrument for the preservation of His Truth , so he hath Rewarded Your Undertakings with Success , in the considerable Progress which You have made in Delivering us , and in preserving to us the Protestant Religion . We return our most dutiful Thanks to Your Majesty , for Your accepting the Administration of publick Affairs , and Conveening the Estates of this Kingdom ; and we shall with all convenient Diligence , take Your gracious Letter into our ConsIderation , hoping shortly , by the blessing of God , to fall upon such Resolutions , as may be acceptable to Your Majesty , secure the Protestant Religion , and Establish the Government , Laws and Liberties of this Kingdom upon solid Foundations , most agreeable to the general Good and Inclination of the People . As to the Proposal of the Union , we doubt not Your Majesty will so Dispose that Matter , that there may be an equal readiness in the Kingdom of England to accomplish it , as one of the best means for securing the Happiness of these Nations , and setting a lasting Peace . VVe have hitherto , and still shall endeavour to avoid Animosities or Prejudice , which might disturb our Councils , that as we design the publick Good , so it may be done with the general Concurrence and Approbation of the Nation : In the mean time , we desire the continuance of Your Majesties Care and Protection towards us in all our Concerns , whereof the kind Expressions in Your gracious Letter , have given us full assurance , Signed in Name of us the Estates of this Kingdom of Scotland , by our President , May it please Your Majesty , Your Majesties most Humble , most Faithful and Obedient Servant , HAMILTON P. Edinburgh , March 23. 1689. Edinburgh , Printed in the Year , 1689. 
A92575	----	A letter from the Parliament of Scotland, to the Honourable William Lenthall Esquire, speaker to the House of Commons. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A92575 of text R211207 in the English Short Title Catalog (Thomason 669.f.14[50]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92575 Wing S1284 Thomason 669.f.14[50] ESTC R211207 99869937 99869937 163038 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92575) Transcribed from: (Early English Books Online ; image set 163038) Images scanned from microfilm: (Thomason Tracts ; 246:669f14[50]) A letter from the Parliament of Scotland, to the Honourable William Lenthall Esquire, speaker to the House of Commons. Scotland. Parliament. 1 sheet ([1] p.) s.n., [London : 1649] Dated at end: Edenburgh, 26 Junii 1649. Imprint from Wing. Reproduction of the original in the British Library. eng Scotland -- Foreign relations -- England -- Early works to 1800. England -- Foreign relations -- Scotland -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A92575 R211207 (Thomason 669.f.14[50]). civilwar no A letter from the Parliament of Scotland, to the Honourable William Lenthall Esquire, speaker to the House of Commons. Scotland. Parliament 1649 839 1 0 0 0 0 0 12 C The rate of 12 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A LETTER From the Parliament of Scotland , To the Honourable William Lenthall Esquire , Speaker of the House of Commons . SIR , THe Estates of the Parliament of this Kingdom having received a Letter dated the 23 of May , signed by you as Speaker of the Parliament , and written in the name of the Common-wealth of England ; which Titles , in regard of the Solemn League and Covenant , and Treaties , and the many Declarations of the Parliaments of both Kingdoms , are such as they may not acknowledge . As for the matter therein contained ; those many things of just resentment , wherein satisfaction is demanded from this Kingdom , are onely mentioned in the generall , and therefore cannot so well receive a particular answer : But if by these generall expressions , the late unlawfull Engagement against England be understood , They desire that their protestation against the same in Parliament , and the opposition made thereunto by them afterward in Arms ( which they never laid down untill the Garisons of Berwick and Carlisle were restored unto the Kingdom of England ) may be remembred , together with the Letter of the House of Commons to the Generall Assembly of this Kirk , of the third of August 1648 : And that Lieutenant General Cromwel , authorized from both Houses of Parliament , did upon the 5 of October last , represent to the Committee of Estates of this Kingdom , the wrongs and injuries committed against the Kingdom of England in that Engagement ; and thereupon did demand that they would give assurance in the name of the Kingdom of Scotland , not to admit or suffer any who have been active in , or consenting to that Engagement , to be imployed in any publick place or Trust whatsoever ; which was not onely granted , and afterward confirmed in Parliament , but all Acts for prosecution thereof have been repealed , and all proceeding relating thereunto publickly disclaimed . And if any other wrongs shall be make known unto us , we shall be ready to return such an Answer as may give just satisfaction . If the Bonds of Religion , Loyalty to the King , and mutuall amity and friendship betwixt the Kingdoms be impartially considered , according to the Solemn League and Covenant , and the professions and Declarations of both Kingdoms , The Estates of Parliament think that they have just cause to complain of the late proceedings in England in reference to Religion , the taking away of the Kings life , and the changing the fundamentall Government of that Kingdom ; against which this Kirk and Kingdom and their Commissioners , have protested and given Testimony , whereunto they do still adhere . And since it is apparent there hath been of late in England a backsliding and departure from the grounds and principles wherein the two Kingdoms were engaged , the Parliament of this Kingdom doth propound , that the late proceedings there against Covenant and Treaties may be disclaimed and disavowed , as the prosecution of the late unlawfull Engagement against England hath been disclaimed and disavowed here ; and that such as have departed from these principles , and their former professions , may return to the same : Upon which grounds they are content to ●uthorize Commissioners on behalf of this Kingdom , to treat with Commissioners from both Houses of the Parliament of England , sitting in freedom , concerning all matters of just complaint which either Nation may have against the other , and for redresse and reparation thereof , and to do every thing that may further conduce for continuing the happy peace and union betwixt the Kingdoms , which can never be setled upon so sure a foundation as the former Treaties , and the solemn League and Covenant : From which , as no alteration or revolution of Affairs can absolve either Kingdom ; so , we trust in God , that no success , whether good or bad , shall be able to divert us ; but as it hath been our care in time past , it shall be still our reall indeavour for the future to keep our selves free of all compliance with , or inclining to the Popish , Prelatical and Malignant party upon the one hand ; or to those that are enemies to the fundamentall Government by King and Parliament , and countenance and maintain Errour , Heresie , and Schism upon the other . I have no other thing in command from the Parliament of this Kingdom , but to take notice that there is no Answer returned to their Letter of the 5 March last . And so rests For the Honourable Will . Lenthal Esquire , Speaker of the House of Commons . Edenburgh , 26 Junii 1649. Your humble Servant , LOUDOUN Cancellarius , Praeses Parliamenti . FINIS . 
A92581	----	A letter sent from the Parliament of Scotland to the severall Presbyteries within the kingdome. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A92581 of text R210769 in the English Short Title Catalog (Thomason 669.f.12[23]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92581 Wing S1289 Thomason 669.f.12[23] ESTC R210769 99869526 99869526 162816 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92581) Transcribed from: (Early English Books Online ; image set 162816) Images scanned from microfilm: (Thomason Tracts ; 246:669f12[23]) A letter sent from the Parliament of Scotland to the severall Presbyteries within the kingdome. Scotland. Parliament. 1 sheet ([1] p.) s.n., [London : 1648] Imprint from Wing. Desires the goodwill of the presbyteries -- cf. Steele. With engraving of royal seal at head of document. Dated at end: Edinburgh, 11 May 1648; signed: Alex. Gibson, Cler. Regist. Reproduction of the original in the British Library. eng Church and state -- Scotland -- 17th century -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A92581 R210769 (Thomason 669.f.12[23]). civilwar no A letter sent from the Parliament of Scotland to the severall Presbyteries within the kingdome. Scotland. Parliament 1648 793 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 TCP Assigned for keying and markup 2007-07 Apex CoVantage Keyed and coded from ProQuest page images 2007-08 Pip Willcox Sampled and proofread 2007-08 Pip Willcox Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT royal blazon or coat of arms A Letter sent from the PARLIAMENT of SCOTLAND to the severall PRESBYTERIES within the Kingdome . Right Reverend , THe many scandals that are thrown on our Actions by the favourers of Sectaries , and haters of the Person of our KING and Monarchicall Government , invite Us to this extraordinary addresse to you ; Conjuring you , as you will answer to the great GOD whose Servants you are , not to suffer your selves to be possest with unjust and undeserved prejudices against Us and Our proceedings , who have since our late meeting in Parliament preferred no earthly thing to our Duties to Religion , and the promoting of all the ends of our Covenant , and have constantly used all reall endeavours to have carried on those Duties to the satisfaction of the most tender consciences ; and especially by Our great compliances with the many desires from the Commissioners of the generall Assembly : We have proceeded to greater discoveries of Our Resolutions , in the wayes and meanes of managing this present Service then possible in prudence We ought to have done , having so neare and active Enemies to oppose Us : Neither can it be with any Truth or Justice in any sort alleadged , that We have in the least measure wronged , or violated the true Priviledges and Liberties of the Church , or any wayes taken upon Us the determination or decision of any matters of Faith or Church Discipline , though We be unjustly charged with taking an Antecedent judgement in matters of Religion ; under pretence whereof great encroachments are made on our unquestioned Rights . For what can be more Civill then to determine what Civill Duties We ought to pay to our King , or what Civill Power he ought to be possessed of ? And if we meet with obstructions and opposition in carrying on those Duties , are not We the only Judges thereunto ? Is there any other Authority in this Kingdome , but that of King and Parliament , and what flowes from them that can pretend any authoritative power in the choice of the Instruments and Managers of Our publick Resolutions . It is a subject for the dispute of Church Judicatories , whether his Majesty hath a negative voice in Parliament or not ? These certainly cannot be pretended to by any Kirk-man , without a great usurpation over the Civill Magistrate , whereof We are confident the Church of Scotland , nor any Judicatory thereof will never be guilty , nor fall into the Episcopall disease of medling with Civill affaires : And if any have already in these particulars exceeded their bounds , We expect the ensuing generall Assembly will censure it accordingly , and prevent the vilifying and contemning the Authority of Parliament by any of the Ministery , either in , or out of their Pulpits , or who shall offer to stir up the Subjects of this Kingdome to disobey , or deny to give Civill obedience to their Lawes ; it being expresly prohibited by the 2. and 5. Acts of Ja. 6. his 8. Parliament , in Anno 1584. That none of his Majesties Subjects , under paine of Treason , impugne the authority of Parliament . And therefore seeing the cause is the same for which this Kingdom hath done and suffered so much , and that We are resolved to proceed for the preservation and defence of Religion , before all other worldly interests whatsoever ; and to carry on sincerely , really , and constantly the Covenant , and all the ends of it , as you will finde by our Declaration herewith sent to you : We doe confidently expect , that as the Ministers of this Kingdome have hitherto been most active and exemplary in furthering the former Expeditions , so now you will continue in the same zeale , to stir up the people by your Preaching and Prayers , and all other wayes in your calling , to a chearefull obedience to Our Orders , and engaging in this businesse ; and that you will not give so great advantage to the Enemies of Presbyteriall Government , and bring so great a scandall on this Church , as to oppose the Authority of Parliament , or obstruct their proeeedings in their necessary Duties for the good of Religion , the Honour and happinesse of the King and his Royall Posterity , and the true peace of his Dominions . Signed by Order of Parliament . Alex. Gibson , Cler. Regist. Edinburgh , 11 May 1648. 
A92588	----	A paper put in by the Commissioners of Scotland, concerning the last votes of the House of Commons. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A92588 of text R210741 in the English Short Title Catalog (Thomason 669.f.11[112]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92588 Wing S1298 Thomason 669.f.11[112] ESTC R210741 99869502 99869502 162763 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92588) Transcribed from: (Early English Books Online ; image set 162763) Images scanned from microfilm: (Thomason Tracts ; 246:669f11[112]) A paper put in by the Commissioners of Scotland, concerning the last votes of the House of Commons. Scotland. Parliament. 1 sheet ([1] p.) s.n., [London : 1648] Imprint from Wing. The Commissioners are informed the king is in Carisbrook Castle, and have seen votes of the Commons forbidding applications and adresses to him on pain of high treason. No person is to bring any message from him to Parliament. Does this extend to Scotland? -- Cf. Steele. Addressed to the speaker of the House of Lords; dated and signed at end: Worcester-House, Jan. 6. 1647 Lowdoun. Lauderdale. Charles Erskin. Hugh Kennedey. Rob. Barklay. Annotation on Thomason copy: "1647" '8' in dating at end of text crossed through. Reproduction of the original in the British Library. eng Charles -- I, -- King of England, 1600-1649 -- Early works to 1800. England and Wales. -- Parliament. -- House of Lords -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A92588 R210741 (Thomason 669.f.11[112]). civilwar no A paper put in by the Commissioners of Scotland, concerning the last votes of the House of Commons. Scotland. Parliament 1648 351 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A Paper put in by the Commissioners of Scotland , concerning the last VOTES of the House of COMMONS . Right Honourable , WE are informed that by order from both Houses the King is secured in Caresbrook Castle , and We have seen some printed Votes of the House of Commons to this effect : That they will make no further addresses or applications to the King ; That no applications or addresses be made to the King by any person whatsoever without the leave and approbation of the Houses : That all persons whatsoever which shall make breach of this Order , shall incur the penalty of high Treason : That they will receive no more any Messages from the King , and do injoyn that no person whatsoever presume to receive or bring any Message from the King to either or both Houses of Parliament , or to any other person . By which , as his Majestie is deprived of all comforts of freedom ; so it gives us occasion to ask , Whether it be intended , that it shall extend to his Majesties Subjects of Scotland , to debar such as are warranted by the Parliament of Scotland ( or others having their authority ) from free accesse to , or intercourse with the King ; or that His Majestie shall be hindred from ( and so made incapable of ) the exercise of any act of Government in relation to the affairs of that Kingdom : to the end we may be enabled from the Answer of the Houses to give an account upon our return to Scotland , of His Majesties condition , and the discharge of our trust to the Committee of Estates and Parliament there , which is to meet the sixth of March next ; And waiting your speedy Answer , we rest Worcester-House , Jan. 6. 1648. Your humble Servants , LOWDOUN . LAUDERDALE . CHARLES ERSKIN . HUGH KENNEDEY . ROB. BARKLAY . For the Right Honourable the Speaker of the House of Peers pro tempore . 
A92599	----	A proclamation, declaring William and Mary King and Queen of England to be King and Queen of Scotland. Edinburgh April 11. 1689. Proceedings. 1689-04-11 Scotland. Parliament. Committee of Estates. 1689 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92599 Wing S1321 ESTC R225323 99899835 99899835 135732 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92599) Transcribed from: (Early English Books Online ; image set 135732) Images scanned from microfilm: (Early English books, 1641-1700 ; 2468:2) A proclamation, declaring William and Mary King and Queen of England to be King and Queen of Scotland. Edinburgh April 11. 1689. Proceedings. 1689-04-11 Scotland. Parliament. Committee of Estates. England and Wales. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) printed by G. Croom, at the Blue-Ball in Thames-street near Baynard's-castle, London : 1689. Arms 265; Steele notation: by King by. Reproduction of original in the Folger Shakespeare Library, Washington, D.C. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1689-1745 -- Early works to 1800. Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms A PROCLAMATION , DECLARING WILLIAM and MARY KING and QUEEN of England , to be KING and QUEEN of Scotland . Edinburgh April 11. 1689. WHereas , the Estates of this Kingdom of Scotland , by their Act of the Date of these Presents , have Resolved , , That William and Mary , King and Queen of England , France aud Ireland , Be , and Be declared King and Queen of Scotland , to hold the Crown and Royal Dignity of the said Kingdom of Scotland , to them the said King and Queen , during their Lives , and the longest Liver of Them ; and that the Sole and Full Exercise of the Regal Power , be only in , and Exercised by the said King , in the Names of the said King and Queen , during their joynt Lives . As also , the Estates having Resolved and Enacted an Instrument of Government , or Claim of Right , to be presented with the Offer of the Crown , to the said King and Queen . They do Statute and Ordain , that William and Mary , King and Queen of England , France and Ireland , be accordingly forthwith Proclaimed King and Queen of Scotland , at the Mercat-Cross of Edinburgh , by the Lyon King at Arms , or his Deputs , his Brethren Heraulds , Macers and Pursevants , and at the Head-Burghs of all the Shires , Stewartries , Bailliaries , and Regalities within the Kingdom , by Messengers at Arms. Extracted forth of the Records of the Meeting of the Estates ; by me JA. DALRYMPLE , Cls. GOD Save KING WILLIAM and QUEEN MARY . Licensed according to Order . LONDON , Printed by G. Croom , at the Blue-Ball in Thames-street near Baynard ' s-Castle . 1689. 
A92075	----	The Cyprianick-Bishop examined, and found not to be a diocesan, nor to have superior power to a parish minister, or Presbyterian moderator being an answer to J.S. his Principles of the Cyprianick-age, with regard to episcopal power & jurisdiction : together with an appendix, in answer to a railing preface to a book, entituled, The fundamental charter of presbytery / by Gilbert Rule ... Rule, Gilbert, 1629?-1701. 1696 Approx. 299 KB of XML-encoded text transcribed from 64 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). A92075 Wing R2218 ESTC R42297 36272713 ocm 36272713 150243 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92075) Transcribed from: (Early English Books Online ; image set 150243) Images scanned from microfilm: (Early English books, 1641-1700 ; 2237:16) The Cyprianick-Bishop examined, and found not to be a diocesan, nor to have superior power to a parish minister, or Presbyterian moderator being an answer to J.S. his Principles of the Cyprianick-age, with regard to episcopal power & jurisdiction : together with an appendix, in answer to a railing preface to a book, entituled, The fundamental charter of presbytery / by Gilbert Rule ... Rule, Gilbert, 1629?-1701. [6], 120 p. Printed by the Heirs and Successors of Andrew Anderson ..., Edinburgh, Anno Dom. 1696. Reproduction of original in the William Andrews Clark Memorial Library, University of California, Los Angeles. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sage, John, 1652-1711. -- Principles of the Cyprianic age. Sage, John, 1652-1711. -- Fundamental charter of Presbytery. Cyprian, -- Saint, Bishop of Carthage. Episcopacy. Scotland -- Church history -- 17th century. 2007-04 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2008-04 John Latta Sampled and proofread 2008-04 John Latta Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE CYPRIANICK-BISHOP Examined , and Found not to be a DIOCESAN , Nor to have Superior Power to A Parish Minister , or PRESBYTERIAN MODERATOR : Being an ANSWER to J. S. his Principles of the CYPRIANICK-AGE , With Regard to Episcopal Power & Jurisdiction . TOGETHER WITH An APPENDIX , In ANSWER to a Railing Preface to a BOOK , Entituled , The Fundamental Charter of PRESBYTERY . By GILBERT RVLE , one of the Ministers of the City , and Principal of the Colledge , of Edinburgh . EDINBVRGH , Printed by the Heirs and Successors of Andrew Anderson , Printer to His most Excellent Majesty , Anno Dom. 1696. THE PREFACE . OF this Controversie about Episcopacy , the Learned Vitringa , de Synagog . vet . lib. 2. C. 2. P. 474. hath this Observation ; à quo tempore Ecclesia Reformati nominis , secessionem fecit à Pontificia Romana , & diversam recepit regiminis formam , tantopere praeferbuit litibus , de vero typo Regiminis Ecclesiae , ut nulla controversia fere eruditorum calamos tam diu , tam seriò , & pertinaciter , & tanto utrinque studio & contentione , & vincendi tam spe , quam desiderio , exercuerit , atque haec ipsa . It also hath long divided the Church in these Nations , and seemeth , in our days , to be further from Accommodation , than ever : Presbyterians , on the one Hand , growing daily more and more clear , and confident , that Parity is of Divine Institution , and cannot lawfully be changed , tho' mean while , they have Charity to good Men who are otherwise minded : and some of our Episcopal Brethren , on the other side , beginning to talk higher for a Jus Divinum to be for Prelacy , than their Predecessors did : and counting all the Societies of Christians which are without Bishops , to be no Churches of Christ , but a Company of damnable Schismaticks ; among whom there can be no Salvation : if these men be for Peace , let any judge . But it is unaccountable , that in a Matter that Salvation does so much depend upon , in their Opinion , they should lay so much stress ( as they commonly do ) on the Opinions of Men , and the Testimonies of the antient Church : seing , 1. All , except Papi●●s , agree , that Matters of Faith , and which Salvation dependeth on , must be determined only by Scripture : and that God speaking in his Word , is the only Judge in such Controversies . Secondly , The Fathers themselves plead for this , and disown both each himself , and one another as either Judge , or sufficient Witness in such Debates : Optat. Milevit . contra Parmen . lib. 5. de Coelo quaerendus est judex , sed ut quid pulsamus ad Coelum cum habeamus hic in Evangelio Testamentum . Jerom in a Debate with August . had cited seven Fathers for his Opinion , and craved leave to err , ( if he did err ) with so many Learned Doctors , to whom Augustine replyed , ipse mihi pro his omnibus , imò supra hos omnes , Apostolus Paulus occurit , ad ipsum confugio , ad ipsum omnes qui aliud sentiunt provoco , &c. Augustin . Hieron . Ep. 19. the same August . Ep. 3. Fortunatiano . Neque enim ( saith he ) quorumlibet disputationes quamvis Catholicorum , & laudatorum hominum velut Scripturas Canonicas habere debemus , ut nobis non liceat salva honorificentia , quae illis debetur , aliquid contra &c. and Tom. 2. Ep. 112. Paulinae : nunquid ullo modo Evangelio nos comparabis , aut scripta nostra ( he speaketh of himself and Ambrose ) Scripturis Canonicis coaequabis ? Profecto si recte in judicando sapis , longe nos infra vides ab illa authoritate distare . Yea , in particular , this mark of Insufficiency to prove a Divine Truth , is set on Cyprian ' s Authority , by Augustine , l. 2. contra Crescon . cap. 32. Hujus Epistolae authoritate ego non teneor ; quia literas Cypriani non ut Canonicas habeo . Et ibid. c. 31. Nos nullam Cypriano facimus injuriam , cum ejus quaslibet literas à Canononica divinarum literarum authoritate distinguimus . Thirdly , It is observable , that even the Affrican Fathers , after Cyprian , do not speak so high of Episcopal Praelation , as Cyprian doth ; as Augustine , Cited in the Book it self , his secundum honorum vocabula , and usus obtinuit ; are two considerable Diminutives , and derogate the one from the Degree of Episcopal Authority , the other from the Perpetuity and Divine Right of it . And Primasius Uticensis calleth the Presbyterate , secundus , & penè unus Gradus cum Episcopatu ; sicut multis Scripturarum Testimoniis comprobatur . In Tim. 1. C. 3. Now these two Affrican Bishops could not but know Cyprian ' s mind , and therefore they either differed from him in this Matter , or ( which I rather think ) Cyprian used higher , and more keen Expressions , for the same things , and that out of a peculiar Zeal , that he had for the Dignity of the Church ; and to magnifie his Office. Fourthly , It is evident that the Antient Bishops , and other Divines , when they gave Marks of the True Church , brought them always from the Scripture , not from Humane Testimony . August . Ep. 50. Bonifacio Comiti : in Sanctis Libris ubi manifestatur Dominus Christus , ibi & ejus Ecclesia declaratur : Where also he Chargeth them with Wonderful Blindness , who seek Christ in the Scripture , and the Church in Humane Writings . Also Cyprian . Ep. Coecilio ; and in that to Pompeius , proveth that we must follow Christ and his written Word only , as our Rule , and not old Customs and Practices . The same thing Gerson proveth , in a Sermon before the Pope , and asserteth that the Scripture is sufficient for the Government of the Church : and calleth it Blasphemy to say , that it can be better done by mens Inventions . Fifthly , The Antient Bishops ( even such of them as were Holy and Humble , ) might have too high Thoughts of their own Praelation , and too much Inclination to greaten it . That Temper appeared among the Apostles , while Christ was with them . Great Corruptions in the Church have Insensibly had their Beginning from Good and Zealous Men. Sixthly , Many Famous and Learned Bishops , much later than these called Fathers , and yet before the Reformation from Popery , held that Bishops and Presbyters were by Divine Institution every way one , so Anselm Arch-Bishop of Canterbury on Philip. 1. and Tit. 1. Rich. Armachan . in quaest . Armenorum : Aeneas Sylvius , ( afterward Pope Pius secundus ) Ep. 130 ; which is concerning his Conference with the Ministers of the Taborites . Also in the time of the Reformation , the English Bishops and Clergy , who still were Popish , in the Book called the Institution of a Christian Man ; Chap. of the Sacrament of Orders . Cassander in his Consultation Art. 14. saith , non convenit inter Theologos , & Canonistas , an Episcopatus ponendus inter Ordines Ecclesiasticos : convenit autem inter omnes , Apostolorum Aetate inter Episcopos & Presbyteros nullum Discrimen , &c Seventhly , Even Mr. Dodwell ( as high as he is for Episcopal Authority , ) saith , that the first Bishops were made by Presbyters : and that it behoved to be so , otherwise the Succession could not be secured in the first times of Persecution . How this consisteth either with our Author's Book or with his own , against Separation from the Episcopal Chairs , let the Reader judge . It 's true , Mr. Dodwell ( it is 521 , 522. ) pretendeth not to be afraid of the Consequence of this Assertion , with Respect to the Bishop's absolute Power , because Kings also are Invested by their Subjects , ( this Paralell I might , but shall not Debate with him , ) but how can he , on this Supposition , defend their sole Power of Ordination to be of Divine Right ; I cannot see , but shall be glad to be instructed . I insist not on the Suspicion , that Cyprian ' s Epistles are corrupted ; tho' Augustine Ep. 48. Vincentio ; hath these words , neque enim potuit integritas atque notitia literarum unius quantumlibet illustris Episcopi , ( Cyprian scil . ) custodiri quemadmodum Scriptura Canonica , &c. What is said , may derogate much from the Testimonies that my Antagonist bringeth , and warrant our putting a sense on them , different from the sound they have in the Ears of this Author , and some others of his Perswasion . The Reader may know , that our Debate is not about the Jus , but Factum ; not how the Church should be Governed , but how it was done in the Age mentioned . In which , I affirm that tho' it is manifest , that the Bishop was above the Presbyter in Dignity and Order , yet he did not Rule the Church by himself , but the Presbyters had equal Power with him in managing Church-Government . THE Cyprianick-Bishop Examined , &c. SOME of the Episcopal Clergy of Scotland , who have lost their places , wherein they sat silent , without troubling the Presbyterians with their Controversal Writings ( for they then dealt with them by other Weapons ) are now at leasure to maintain the Stickle that way : and some are so irritated by their Losses , that much more of their passionat Resentment , and personal Reflections against such as never did them wrong , appeareth in their Books , than Strength of Arguments for what they hold in our present Debates ; I have with much weariness and Reluctancy considered some of these Pieces : and hoped our Debates had been at an end , after their silence for some time , and that we should no more be that way diverted from our more necessary Work : till I lately met with a Treatise called the Principles of the Cyprianick Age , &c. which I find to be written in a more Schollar like and less unchristian Strain , than what I have hitherto seen from these men . He dealeth fairly by Arguments , tho I am not terrified nor convinced by the Strength of them , and I am resolved to treat him with the same Civility , and for the weight of my reasonings , let the Reader judge . It is not Victory , but the clearing and maintaining of Truth , that I design ; and shall not be ashamed to become his Proselyte , if what I hold be found to be an Error . § . 2. Before I consider his Book in the particular Contents of it , I shall make a few general Remarks about it . 1. Then , if we should grant all that he pleadeth for , it would not ruine the Cause of Presbyterians , nor establish Prelacy : It would amount to no more but this , that one Presbyterian , and he among the meanest of them , did mistake in matter of Fact , as it is related in the Antient History . He might know , that neither the Presbyterians generally , nor that Author in particular , did ever lay the Stress of their Cause on the Practice or Principles of the Church , after the Apostolick Age : Tho' we will not yield the Suffrage of later Antiquity to be for our Adversaries : yet that is the Antiquity that we build upon ; for it is Divine , not humane Authority that we take for the Rule of our Belief and Practice , in the matter of Church-Government , and managing the Affairs of the House of GOD. Timothy was to be guided by it , 1 Tim. 3 14 , 15. and so will we . And even the Defender of the Vindication against the Apologist , or his Friend , ( as our Author calleth him , P. 4. ) hath fully declared his Opinion to this purpose ; Rational Defence of Non-conformity , P. 158. which Book our Author seemeth to be no stranger to ; for he is ( P. 69 ) at pains to cite and try his critical Skill upon a Passage in it . He could not then , think to silence Presbyterians by this his Attempt : we have other Grounds , if we were beaten from this , as I hope we shall not . If his Book was written only to convince the World , that he who wrote the Defence of the Vindication against the Apologist , is not infallible in all that he asserteth ; he might have spared his pains : that should easily have been yielded to him . To write a Book of Twelve Sheets on such a Subject , is such Work as we have no time for . Egregiam verô laudem , & spolia ampla — He had read Cyprian's Epistles ( which are not very voluminous ) and had made a Collection of Citations ; and thus they must have a vent . § . 3. The Passage that he buildeth his whole Fabrick upon , was by the Defender ( which is my second Remark ) set down with that Brevity that was sutable to the purpose in hand ; tho' may be not sufficient to preclude all the critical Notes that a Man of this Author's Skill and Learning could make , when he is so disposed to do ▪ The Apologist had , in a rambling and incoherent way , started a Number of Debates that are between us and the Prelatists , insisting on none of them : And the Defender thought not fit to make a large Treatise on each of these Heads , but answered what he proposed , with a sutable succinctness ; If he had then thought it convenient , or had imagined that so large a Book as our Author 's , would have been built on this Passage , he would have made the Foundation broader , tho' not more commodious for what this Author buildeth on it : He could have told him , that tho' he might be bold to venture his Credit on the Cyprianick Age , being more on our side than on that of our Adversaries ; And tho' our Cause , duely and distinctly stated , should suffer no loss by being tryed at that Barr , yet neither did he venture any bodies Reputation but his own , nor will he quit the more divine Letters Patents that we have for Presbytrey , to rest in this , either as our only ▪ or our chief Strength . Notwithstanding of what I have now remarked concerning this Author snatching at a fancied Advantage against us , I hope to make it evidently appear that he hath wholly missed his Aim , and that these two or three Lines of my Book will stand against the shock of his long Treatise . § . 4. I thirdly observe that this Author , who is so profuse in his Refutation of a few Lines in my Book , hath , in his own , given occasion ▪ to any one who were of as scripturient a Disposition as himself ) for vast Volums : as in his sarcastick denyal of Ruling Elders , P. 8. That Presbyters , in the Cyprianick Age , were seldom called Pastors . P. 9. That there can be no Church without a Bishop . P. 19. That the Bishops Power is Monarchical . p. 22. That the Bishops Deed is the Churches Act. p. 24. That Episcopacy is of Divine Institution . p. 26. That he is subordinate to none . p. 27 , 28 , 35. That the Bishop is a supream Ecclesiastical Magistrat . p. 43. And Majesty is ascribed to him , Ibid. he is called a Soveraign and Peerless Governour . p. 65. Supream and unaccountable Power is ascribed to him . p. 67. These , and many more such Assertions , are the Stars by which his Treatises is bespangled : And each of them might afford matter for a long Discourse , to one who hath nothing else to do . A fourth Remark is , that through the whole course of his Argumentations he useth such confidence , and these Pretences to conclusive and irrefragable evidence , as may fright an unintelligent or unwarrie Reader ; while the Strength of his Ratiocinations is no way proportionable , but apparent to be built on Words rather than Matter . Every one knoweth that the Signification of several Words used about Ecclesiastical Things in Cyprian's time , was far different from what is our modern Dialect . The truth of this will , I hope , be more fully manifest in our considering his particular Arguments . § . 5. My Assertion against which his Book is levelled , he seemeth to wonder at , as strangely rash , and a putting our being , or not being . Schismaticks , on a desperate Issue . The Assertion is , a Bishop in Cyprian's time was not a Diocesan , with sole Power of Jurisdiction and Ordination : If he prove that , we shall give Cyprian , and him , leave to call us Schismaticks . A Bishop , then , was the Pastour of a Flock , or the Moderator of a Presbyterie : If he can prove that we separate from our Pastours , or from the Presbytery , with their Moderator , under whose Inspection we ought to be , let him call us what he will : But we disown the Bishops in Scotland from being our Bishops ; we can neither own their Episcopal Authority , nor any pastoral Relation they have to us . He seemeth p. 1. to divide his Book into two parts : First , to take to Task what I had said ; to wit , the words above set down . 2. to add , perchance , something concerning our main Argument . The first part he hath largely insisted on : with what Strength or Success , I am now to examine . Of the 2 , I find nothing , but that , p. 94. he hath fairly waved it ; But with confidence that he could accomplish it : and leaving to the person to whom he directeth this long Letter , to command him to prosecute what is left undone . The Import of which is , that it is much more his Inclination to write ad hominem , against a particular person ; than ad rem , for that which he taketh to be the truth of God. § . 6. His first work is to expose the above-mentioned Passage in my Book , as yielding a large Field , if one had a mind to catch at Words , and that it were easie to insist on such escapes , if one had a mind for it . His first Remark is , Suppose the word Diocess was not in use in St. Cyprian's time , as applyed to a Bishops District , doth it follow that the thing now signified by it was not then in use . Answ . Pray Sir , who made that Consequence : the Words cited ( catch at them as much as you will ) import no such Consequence , and design no more but that which we call now a Diocesan Bishop , with sole Power of Jurisdiction and Ordination , was not in that Age. His next Remark is in this Question , What could move him ( the Author of the Passage now under Debate ) to insinuate that we assign the sole power of Jurisdiction and Ordination to our Diocesan Bishop . Answ . It is a greater wonder , what should move this Author to except against our thinking that they assign such Power to their Bishop , seing himself ascribeth all that Power to the Cyprianick-Bishop , and affirmeth him to be of Divine Institution ; as hath been already observed : Hath he not said , that the Bishops Power is Monarchial , pag. 23 , 32. and expresly , pag. 38. near the end he saith , the Bishop had the sole Power of Ordination : and saith , it hath been frequently and fully proved by learned men , that he need not insist on it : and pag. 39. telleth us of Cyprian's Ordaining without asking the consent of the Clergy or People : and pleading for this as the Right of all Bishops . If he do not ascribe this sole Power to his Scots-Bishops , then ( ex tuo ore ) they are not the Bishops that Christ instituted : Nor these of the Cyprianick-Age ; nor these for whom the learned men that he speaketh of , hath pleaded : neither can I guess what kind of Animals he will make them : they must be a species of Bishops that never man pleaded for but himself . I suppose his Lords the Bishops will give him small thanks thus for pleading their Cause . What I have now observed , sheweth his Questions to be impertinent , viz. When did our Bishops claim that Power , and when was it ascribed to them by this Constitution ? When did they exercise it ? When was it thought necessary for raising a Bishop to all the due Elevations of the Episcopal Authority ? I give this general Answer to all these Questions : our Scots Bishops look on themselves , and are lookt on by their Underlings , and by this Author , as Scripture-Bishops ; or at least , as Primitive-Bishops , and the Bishops that the learned men of this , and the preceeding Ages have pleaded for : but our Author saith these had the Power we now speak of : and therefore he must say , that that Power was given them by the Institution ; that they do claim it , and ought to claim it , that it is necessary for their due Elevation . If they shun to exercise it , at least openly , by not laying on of Hands without Presbyters ; it is because they know that practice cannot take , nor be born with in a Nation where Parity hath been so much known , and generally liked : I always understood that the main thing debated between us and the Prelatists , was about the sole Power of Jurisdiction and Ordination : and I am not alone in this ; the Synod of London , Vindication of Presbyterial Government ; pag. 24. proposeth the Controversie in the same Words . So doth also Smectymnus , § . 8 , 9. and I think he will not find many ( if any one ) of either side , who handleth this Controversie without respect to this Power . To his Question , When was it ascribed to them by the Constitution : I Answer , it was done , with respect ●o Ordination , anno 1635 , in the Canons and Constitutions Ecclesiastical , chap. 2. § . 3. where the Examination of the Candidate ( and consequently the Power of determining who shal be ordained ) is laid on the Bishop : and he is allowed to perform this Examination by himself , or his Chaplain . And for Jurisdiction , a person ordained to a Charge may not Preach , unless he be also licensed by the Bishop , ibid. chap. 7. § . 5 Nor may he refute Error preached by another , unless he first ask and obtain leave of the Bishop , ibid. § . 7. Yea , a Presbyter may not go a Journey for some time , without the Bishops leave : nor stay unduly at Edinburgh , but he must be censured by the Bishop ; chap. 4. § . 3 , 5. And in general , in all these Canons , all Church-Discipline is laid on the Ordinary ; that is the Bishop : not a word of Censure inflicted by the Presbyters . Without the Bishop no Minister may appoint a Fast ; not in his own Congregation , chap. 14. and chap. 18. § . 10. The Sentence of Deprivation of a Presbyter is pronounced only by the Bishop : no consent of Presbyters is sought ; only the presence of three or four , whom the Bishop calleth , is required . § . 7. The import of the distinctions he useth for illustrating this Matter must be , that our Scots-Bishops have in Jurisdiction and Ordination , a chief Power , tho' not a sole Power : a Power superior to , but not exclusive of other Powers : a Power without , and against which no Power can act ; but not a Power destroying and disabling all other Powers . We should better have understood him if he had opened the terms of these Distinctions : I confess , qui bene distinguit bene docet , but not qui obscurè distinguit . I observe none of these Distinctions clear to us , whether he thinketh our Bishops can Ordain , Depose , &c. without the concurrence of Presbyters , acting authoritatively with them : as he alledgeth the Cyprianick-Bishops might do : and seing he doth not determine this , I know not what his Distinctions serve for , but to make a noise with Words . His first distinction between chief and sole Power , if easily made ( as he saith ) is not so easily applyed to the case in hand : for our Question is about sole Power , and if he deny that to them , whatever other Power he give them , he maketh them no such Bishops as he after pleadeth for . Beside , the word chief is ambiguous ; it may be taken either for Dignity , that the Bishop's Power tho' the same with the Presbyters , yet is more conspicuous because of the dignity of the Bishops person or office : or that the Bishop can do some acts of Power which the Presbyter cannot do : or that the Presbyter's Power is derived from the Bishop , or that he cannot exercise it unless the Bishop pleaseth : The first Sense , I suppose will not please our Bishops , for it importeth no Imparity of Power . In all the other Senses , the Bishop's Power is sole ; at least as to these things about which he hath that Power . His second Distinction is the same , in different words : the third differeth little ; for if Presbyters cannot act except the Bishop please , and if they must follow his Light , whatever be their own , I see not what Power they have . What Power is given to our Bishops by their Constitution , I shall not farther determine ; but it may be made appear , that they have exercised , and consequently claimed a Power over whole Presbyteries , which maketh void all their Power , while they have commanded them to desist from proceeding to Censure Scandalous Offenders ; of which I can give Instances . His third and last Remark is , that that part of my Definition of a Bishop is loose and ambiguous , wherein I call him the Pastour of a Flock : for saith he , may not a Bishop and his Diocess be called a Pastour and his Flock , as well as a Presbyterian Minister and his Parish ? Answ . He might easily have understood my words in our ordinary Dialect , now in use ; and then all Ambiguity had evanished : but I cannot make him understand my words unless he will : we use not to call a Bishops Diocess the Flock , nor him the Pastour : nor did Scripture so use these terms ; seing the Pastour is to feed the Flock , Act. 20. 28. which he must do , not only by Ruling , but also by Teaching ; which I am sure a Bishop cannot to his Diocess . That a Bishop in our modern sense , was called the Pastour , and such a Diocess as ours , his Flock , in Cyprian's time , we deny : and shall consider his Proofs of this , when he shall propose them . I have run over his large field , and find not what fruit he hath reaped from it : nor the escapes that he thinketh it so easy to insist on , p. 2. at the end . § . 8. In the sense he giveth of what I had asserted , which he enlargeth upon , p. 3. I have little to observe : for I am ready to maintain all that he there maketh to be my Opinion ; except , ●hat he saith , that in the Presbyterian sense , a Moderator , as such , is no Church-Governour ; which I cannot agree to : but because he hath this over again , and improves against us that Notion , ( which is his own , none of ours , ) p. 35 , 36. I shall there consider it , viz. § . 20. It is true , the Vindication of Ch. of S. in Answer to the the ten Questions , Q. 1. § . 5. Saith , that a Moderator as such , is no Church-Governour ; but it is evident to any who impartially considereth what is there said , that no more is meant , but that he is not a Church-Governour of another Species from the rest , or who hath another sort of Authority than they , or a Superior Power to them : not , as our Author would improve it , that it is not needful that he hath the same Church Power with the rest ; but may be a Heathen , as he affirmeth , p. 35 , 36. Also because he inferreth from what I had said , that my Opinion is , that in Cyprian's time , the Church was governed by Presbyters Acting in Parity , after the Presbyterian Model , p. 4. It will be needful , before I examine his Arguments , to give a more full and distinct Account of my thoughts in this Matter , than is done in that short hint which his whole Book is imployed against : and this is the rather needful , because my Antagonist doth not so plainly as were to be wisht , state the Controversie , when he saith ; p. 4. If I shall prove , first , that a Bishop in Cyprian's time , was more than the Pastour of a Flock or Moderator of a Presbytery , in the Presbyterian sense . 2. That he had really Genuine Episcopal or Prelatick Power . 3. That he Acted in a real Superiority over , not in Parity with Pastours ; our Author is bound to acknowledge himself and his Brethren to be Schismaticks . I shall state the Question a little more distinctly ; but not disown any of the Terms in which he hath put the Questions , all which three , are indeed but one Question . § . 9. Let it then be considered first , that we never thought , nor said , that Church-Government was in all it's Modes and Circumstances in the third Century , ( in which Cyprian lived ) the same with what it is now among Scots Presbyterians : the Substance of Government may remain , and yet considerable Alterations be made in the Modes of mannaging it , in the Succession of Years ; much more of Ages : We confess many words relating to Church-Offices , Officers , and Administrations , signified another thing then , than they do in our Modern Dialect : these we call Moderators , and my Antagonist calleth Bishops , were then constant ; among us they serve in that Station but for some small time , and give place to others : in the Affrican Church these they called Primates , ( whom yet we deny to have had either Sole , or Superior Jurisdiction ) were the eldest Minister of every Province ; which afterward was changed ▪ and they chosen according to their Personal Qualifications : and Metropolitans were the Bishops of the chief Cities ; which had no Superior Power ; but only sometimes praesided in Synods . Cyprian disowned that any of them was Episcopus Episcoporum . See no Evidence for Diocesan Churches or Bishops , p. 28. Also L' Arroque adversar . Sacr. Lib. 2. C. 14. maketh this plain . And Leidecker . dissert . de statu Eccles . Affric . § . 7. he sheweth that Primates were above Metropolitans in Dignity , and that they first attained that Degree by their Age , reckoning it from their Ordination : and the other from the City where they had their Charge . Yea there hath been no Age of Old , or in later times , in which there have not been some lesser differences in Management , even among Churches which used the same Species of Church-Government , for Substance : as at this day , in Scotland , Low-Countries , Geneva , among the Switzers ; &c. Some Churches are more and some less pure , and near to the Pattern : and yet all governed by Presbyters Acting in Parity : and among the Prelatists , Prelatick Power is higher in one Church than in another ; as in England now , and in Scotland of late ? Wherefore our Author must not think to triumph , if he can shew some difference between the Cyprianick Age , and our Way . Cypr. Ep. 75. § . 5. Firmilian writing to Cyprian , hath Instances to shew , that in diverse Churches , they had diverse Practices , and yet kept Peace , one with another . 2. We deny not that in Cyprian's time , there was some Advances made towards some sort of Prelacy ; tho' the Parity of Power was not then wholly taken away : as the Mystery of Iniquity , in other things , so in that , did begin early to Work even in the days of the Apostles , when Diotrephes did 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , affected to be primus Presbyter , or 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or Moderator , in their Meetings : and this 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 becoming fixed , and constant after the Apostles times , ( these good Men not fore-seeing the ill Use that others would make of that Handle given them ) it did , by insensible Degrees , degenerate into an undue Usurpation : ( as it is hard to get Power kept within it's due Bounds , even among the best men ) and the Primitive Power of Presbyters , was gradually wrested out of their hands , by the Ambition of some , and by the innocent Simplicity of others . Many other Corruptions had crept into the Church by that time , and this Declension from absolute parity went along with them : the name 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 began to be appropriat to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and that Custom being confirmed by a little time , made even humble men imagine , that some different Power was signified by that name , that they had distinct from others ; which the rest , who were so usurped upon , did too easily yield ; minding more the Work of Feeding , than of Ruling the Flock : and not seeing the fatal Consequents of it , which afterward appeared , and were not discovered , till it was too late to retrieve them . 3. It is evident from the History of the first Ages , that as Episcopacy did not arrive to it's height of a sudden ; so it was not at the same time settled in all the places where it obtained at last : the Ambition of some , or at least their too big Thoughts of the Power that belonged to them , and the Easyness of their Com-Presbyters , made it in one place make quicker Advances , while the Humility , and sound Judgment of others , together with the Vigilancy of these who with them govern'd the Church , retarded it's Progress in other Churches . And it is certain , that , for as much as this Contagion of the Church walked in the dark ; yet it was observed , and opposed by some , as Aerius , Jerom , and others ; as will appear in our Progress . Leidecker . Dissert . de Statu Eccles . Affric . § . 7. Namque ( inquit ) uti ab Origine Episcopatus Ordinis & Praesidentiae in Presbyterio titulus erat , ( quamvis alibi suos terminos egrederetur ) in Affrica vetus Libertas Presbyterii est retenta ; dum Episcopi praesidentium honore non dominatu in Ecclesiam , aut Presbyteros gauderent . This he not only asserteth , but proveth by diverse Testimonies . § . 10. Hence we may conclude , that our Author cannot prove what he pretendeth , unless he make it appear , that Episcopal Power , ( such as he pleadeth for ) was not only acted by some , but generally , in the Churches of the first , second , and third Centuries ; or approved by general Consent . Wherefore , if we can bring Testimonies to prove a Parity of Power among Presbyters , and that Domination over them by one was condemned ; his bringing some Testimonies to the contrary , will not be found concludent . I say not this , as if I were afraid he can prove what he undertaketh , by the Authentick Suffrage of any one of the Fathers of the first three Centuries : but that he may see what Weakness and Fallacy is in his Reasonings on more Accounts than one . I may here add a Conjecture , on which the Reader shall be desired to lay no more Weight than he pleaseth : that , seing it is confessed by the best Antiquaries , that we have but little Historical Certainty of the first Ages of the Church , it is probable that more Opposition might be made to the Tendency toward Church-Domination , than we have account of : for the Topping Party might carry all before them , and others might be suppressed , or what they did , buried in silence : especially considering that meek men are often too apt , rather to suppress their Sentiments , than to make much noise with them , to the hazarding of the Peace of the Church : and to groan under Grievances , rather than cast the Church into a Convulsion by struggling ; when they do not foresee the greatness of the hazard that they fear . This , I conceive , may be one part of that Sleep , that giveth the Enemy advantage to sow his Tares . I ground this Conjecture on the great difference that is between the Scripture-account of Church-Government , and that of after Ages ; and that the further we come down from the Scripture-times , the difference seemeth to be the greater ; and yet we have but often , small account of any sensible Change made at any one time . § . 11. The Learned Author , to his main Proofs ( as he speaketh p. 4. ) premitteth a shrewd Presumption against what I hold : that generally , the great Champions for Presbytery acknowledge that Episcopacy was in the Church long before Cyprian's time : and he nameth Chamier , Blondel , Salmasius , the Synod of London , Spanhemius , &c. What his &c. may contain in it's vast belly , I know not , but I am not afraid of any of them he hath mentioned ; they are all Friends to the Cause I maintain , and say no more than I have already said ; but much against his Sentiments . It had been easier for me to make this appear , if he had thought fit to point at the Books , or Places of them , on which he groundeth his Assertion ; for some of these Authors have written much : however I hope to find out in them what is sufficient to my purpose . I begin with Chamier ; who , Panstrat . Catholic . Tom. 2. Lib. 10. discourseth on this Subject copiously : but I find not one word in him , asserting that in the first three Centuries , Bishops had the Rule of the Church above Presbyters , further than that they were above them in Dignity , and by a Priority of Order ; not of Jurisdiction : far less that they had the sole Jurisdiction , which our Author pretendeth to prove . On the contrary , that Learned Writer proveth , C. 3. that there was no Domination allowed in the Church , C. 5. that the Government of the several Churches was Aristocratical : and he sheweth that all Presbyters at first were equal ; but that afterward , ( as he citeth Ambrose and Jerome ) unus electus est , qui omnium primus esset , & Episcopus diceretur . And on this he maketh two Observes : First , in Ecclesiae Primordiis , nullos tales Episcopos fuisse , qui postea instituti fuere , qui suo jure reliquis è Clero praeessent . And he thence inferreth the absolute Parity of Presbyters , de Jure . His second Observation is , ne tunc quidem , cum hic Episcoporum a Presbyteris distinctorum ordo est constitutus , fuisse Episcopos ut Monarchas , ( see how he agreeth with our Author , p. 23 , 32. ) qui potestatem haberent in Clerum ; sed Principes Electos , qui rebus deliberandis praeessent , ut necesse est in omni Aristocratia . Where he seemeth exactly to describe a Moderator , such as is in our Presbyteries , and other Church Judicatories . After that C. 6. he had proved , that Jure Divino Episcopus non est major Presbytero , ( contrary to our Author , p. 26. C. 7. he proveth that the Government of Provinces was also Aristocratical ; and doth evidently make an Arch-Bishop or Metropolitan , no more than we make the Moderator of a Synod , or of a General Assembly : I mean he alloweth them no more Jurisdiction . Now let any judge , with what Brow my Antagonist could bring Chamier for his Voucher , who so flatly contradicteth the whole of his Book . § . 12. His next Author is Blondel ; who will be found to do him no more Service : For the whole Design and strain of his Apologia pro sententia Hieronomi is , to prove that Episcopus and Presbyter were the same , as both in Name and Power , in the Apostolick Age of the Church ; so in Power in the first , second , third , and much of the fourth Century ; tho' he confesseth that the Name , & some Majority ( not higher Jurisdiction ) was sooner given to the Bishop . This is evident , for S. I. p 4. he saith that Jeromes toto orbe decretum est ut unus de Presbyteris caeteris superponeretur , occasioned by the Divisions among Christans , and saying , Ego sum Pauli , &c. That this , I say , was quarto a Corinthiorum turbis saeculo : and that Jerome said it , de sui temporis hominibus ; and proveth it from Jerome's own words , which are , quando non idipsum omnes loquimur , & alius dicit , ego sum Pauli , ego Appollo , ego Cephae , dividimus spiritus unitatem , & eam in partes & in membra discerpimus . And he saith , that Jerome torquebat verba Paulina de Corinthiis , in eos : Nempe , sui temporis homines , & p. 6 , 7. he fully sheweth , that Jerome believed the Identity of Bishop and Presbyter , from his blameing them who made Deacons equal to Presbyters . i. e. to Bishops Also p. 8. that in Alexandria ( of which Jerome saith , that à Marci temporibus ad Heracleam , Dionysiumque Presbyteri unum ex se electum in excelsiori gradu collocatum Episcopum dixerunt ) It was but Jusprimae Cathedrae presbyteri inter collegas fratrem spontanea hac dignatione honorantes , sedentis . and ibid : he saith , ex Hieronomi sententia episcopalia omnia ex aequo competebant : and that every one of them was equal Vrbico papae . S. 2. Blondel proveth all the Fathers of the three or four first Ages , to have been of the same Opinion with Jerome . And p. 8. hath this Transition , prodeant jam 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 patrum acies , qui sanctum virum ( Hieronymum ) seu solitarium in tecto passerem non relictum , doceant . This he proveth from Clemens of Rome , from Polycarp of Smyrna , from Hermes , from Pius the Pope of Rôme , Justin , Papias , Irenaeus and the Gallican Church in his time , Victor the Pope , Clemens of Alexandria , Tertullian , Origen . Cyprian also : on whose Opinion in this matter , my Antagonist stateth the whole Controversy . Wherefore I shall a little further consider what account Blondel giveth of his Opinion . He saith , p. 41. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 toto administrationis tempore aggressus est , sed partita ( quasi ex concepto voto , cum comministris cura ac potestate , Carthaginensem plebem gubernavit : and citeth Cyprian himself saying to his Clergy ; Sed cum per Dei gratiam venero , tunc De iis quae vel gesta sunt , vel gerenda ( sicut mutuus honor exposcit ) in communi tractabimus : And in another Epistle , quae res cum omnium nostrum Consilium & sententiam spectet , praejudicare ego , & soli mihi rem communem vindicare non audeo . He sheweth also ; p. 43. that Cyprian doth always speak of the Clergy as divided only in two parts , the Praepositi and the Deacons , and he calleth both the Episcopi and the Praepositi Apostles : If I should cite all that Blondel bringeth out of Cyprian to this purpose , I behoved to transcribe almost four pages of his Book , of which Citations we shall have further occasion given by our Author to Discourse . It is then more evident than what he in most of his Reasonings talketh highly of , that either this Author hath not read Blondel , but cited him at adventure , or hath a confidence to assert what he will , tho' absurd and unaccountable . § . 13. He is full as unhapy in his next witness , Salmasius , who both in his Book de Episcopis & Presbyteris is against this Author , and in Walo Messalinus , that is commonly ascribed to him , doth strongly maintain the Identity of Bishop and Presbyter , against Petavius the Jesuit , in the first Ages ; and is far from acknowledging any further Difference between them till Jerome's time , ( which was after Cyprian's , about which we now contend ) than of greater Dignity ; for Chap 3. he sheweth that the Primacy among Presbyters was from their Seniority ; and more fully , Ch. 4. p. 273. credibile est ( saith he ) circa medium secundi saeculi non alias in Ecclesia fuisse cognitos Episcopos quam qui primatum in presbyterio adepti essent , cum primos faceret non electio , ex merito sed ordinationis tempus : quem morem diu in Ecclesia durasse , Testis est ille Author qui Ambrosii nomine , commentarios in Epistolas Pauli scripsit : and a little below , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 dabatur ei qui ordinatione antiquior caeteris esset . C. etiam . 6. ostendit jurisdictionem episcopalem ortam partim ex distinctione nominis Episcopi a Presbyteri appellatione ; partim principum Christianorum indulgentia , partim pontificum Romanorum aliorumque ambitione & usurpatione . Who then can imagine that he thought that in Cyprian's time ( which was before the Church had Christian Princes ) the Bishops had sole Jurisdiction . The last of his Authors that he citeth is , the Provincial Assembly of London ; what Book he meaneth , I know not : neither doth he himself , for what appeareth : For the Vindication of Presbyterian Government & Ministry by the Ministers and Elders of the provincial Synod of London , hath not a word on that Head , neither for him nor against him : wherefore I can guess at none but jus Divinum Regiminis Ecclesiastici , written ( as the Title page beareth ) by sundry Ministers of Christ within the City of London : In that Book I find nothing that hinteth the Concession that he alledgeth : But on the contrary , p. 140. ( interpreting 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 mentioned , 1 Cor. 12. 28. ) they have this passage , not the Prelatical Bishops , pretending to be an Order above preaching Presbyters , and to have the Reins of all Church-Government in their Hands only : For in Scripture Bishop and Presbyter are all one Order , — hereunto also the Judgement of Antiquity evidently subscribeth , accounting a Bishop and a Presbyter to be one and the same Office in the Church ; as appeareth particularly in Ambrose , Theodoret Jerome , and others . I shall not hope to say any that is convincing , if what I have brought do not perswade the unbyassed Reader that our famous Presbyterians have the same Sentiments of the Judgement of the first Antiquity , about the power of Presbyters in the Church , that I expressed in the place that our Author maketh such a pother about : he bringeth also Spanhem against me , which I wonder at ; seing the words himself citeth amount to no more than manifesta 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which none of us ever denyed to have crept early into the Church : but he dealeth not fairly with that learned Writer , ( if this Appellation may be used without his offence ) for he curtaileth his words , leaving out what displeaseth him . viz. quanquam de primis ( Episcopis ) controversum , diversine an superioris ordinis haberentur . he dealeth yet less Christianly with the same Author , both in detracting from his knowledge of Antiquity ; and also in mis-representing his words , out of which he would make good his Charge : in that he saith Spanhem denyeth Exorcists to have been in the Church in the third Century : whereas he doth not mention Exorcists in that place , but only Ostiarios , Copiatas , Acolythos : These last our Author will prove to have been in the Church in Cyprian's time , out of Cyprian , Ep. 7. 34 , 45 , 59 and 77. And mentioneth several Names of Men in that Office. I was at the pains to read over all these Epistles on this occasion , and find not a word in any of them , either of Acolyths , or of any of the persons whom he nameth : it is like the Epistles of Cyprian are diversly numbred in diverse Editions : my Edition of Cyprian is 1593 , cum notis Pamelii . I find the Epistle of Cornelius in Eusebius , Lib. 6. C. 42. ( he calleth it 43 ) how genuine that Epistle of Cornelius is , or the Account that Ensebius giveth of it , I shall not now enquire : what I am now concerned in is , that the Learned World beareth Testimony to Spanhemius , so as this Author will not be able to derogate from his Credit : And I doubt not but he can give grounds for what he wrote . I hope I have said enough to shew that I am not so arrogant , nor so rash , as to reced in this matter , from the Sentiments of these great Patrons of Presbytery that he hath brought against me . § . 14. He proceedeth ( pag. 5. ) to his other Arguments . His first Argument ( which he manageth to pag. 11. ) is built on three Foundations , or Pillars ; the first is , that every Church was , in Cyprian ' s time , ruled by a Bishop , Presbyters and Deacons . This I deny not : only I observe a few things : one is , that our Controversie is not about the Name Bishop , being appropriat to one and not given in common to all the Presbyters , as at first ; but about that Bishop , or first Presbyter's Power ; ; which this his Discourse doth not touch . Another thing that I observe is , that it cannot be denyed that the Deacons , in that Age , and may be sooner , had more Hand in the Government of the Church than was allowed by Divine Institution ; by which they were only Servants , not Rulers ; and their work was only about the Poor . I thirdly observe our Author's unwarriness , in here asserting that the Church was ruled by Bishops , Presbyters , and Deacons ; and yet he pleadeth for the Bishops sole Jurisdiction , in most of his Book : This I impute to want of a good memory . What he hath p. 6. of Superinducing a Bishop where one already was , and that there could be but one Bishop in a Church , will after fall in to be considered : where he insisteth more directly and fully on it . His second ground that his Argument is built on , is , that the Presbyters in that Age were Preaching-Presbyters , and not Ruling-Elders , such as we have in the Presbyterian Church . That the Bishop in that Age was distinct even from Preaching-Elders , or Ministers , we deny not ; and that there were many such where was but one Bishop , we acknowledge : so it is with us ; there are many Ministers where there is but one Moderator , and many Ruling-Elders , where there is but one Minister or Parochial Bishop . What sort of Officers in the Church the Presbyters , distinguished from the Bishop were , in the Primitive times , is controverted among some : Dr. Hammond held that only Bishops were of Divine Institution , and were in the Apostolick-Church ; the consequent of which is , that Presbyters must be a device of men and brought in afterward : this is solidly refuted by the learned Mr. Durham on Revelation , ch . 3. p. ( mihi ) 230. The Author of the Book Intituled , An Inquiry into the Constitution , &c. of the Primitive-Church in the first 300 years , who pretendeth that this work is done by an impartial Hand , he also hath a like Notion , p. 72. and maintaineth that Presbyters are not necessary to the Constitution of a Church ; that they are equal to a Bishop in Order ; and have all the Power that he hath ; but inferior in Degree ; that they were ordained Preachers ; but had no particular Charge ; but were imployed by the Bishop in any piece of Church-work , as he thought fit , and so were his Curats , or Assistants . But of this afterward . I deny not that there were Presbyters in the third Century , such as our Author contendeth for , that is persons authorized to preach the Gospel and administer the Sacraments , distinct from Bishops . For his Sarcasm against Ruling-Elders , who have no Authority to Preach , affirming pag. 8. that there is as profound silence of them in Cyprian ' s Writings and time , as there is of the Solemn League and Covenant , or the Sanquhar Declaration ; this sheweth more of his Spite against that Church-Office , than of his Skill to refute it . § . 15. It might have been expected from this peremptory Confidence , that he should have attempted a Refutation of what many Learned Men have written on that Subject ; if he lookt into that Controversie : the London Ministers , ( whom he citeth ) could have taught him , at least , to speak more soberly : so Blondel de Jure Plebis , p. 79. &c. Smectym . L'Arroque Conformity of the Discipline of the Church of France with the Primitive Church . Calvin . P. Martyr . and many later Writers : at least he might have had some regard to Arch-Bishop Whitgift , ( a Zealous Pleader for Prelacy ) as he is cited by Synod Lond. Vindication of Presbyterial Government . I know ( saith he , ) that in the Primitive Church , they had in every Church Seniors , to whom the Government of the Church was committed ; but that was before there was any Christian Prince , or Magistrat . I hope then that it was in Cyprian's time will not be denyed . May be , on second thoughts , he will abate a little of this Confidence , when he considereth these few Citations following : which do plainly prove that both before and after Cyprian's time , there were Ruling Elders , who were not Preachers , acknowledged in the Church , Origen . Lib. 3. contra Celsum : 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. There are some appointed , who do enquire into the Life and Manners of them who are Admitted ; that they may debar from the Congregation , such as commit vile things ; and receive such as abstain from these ; and make them daily better . Tertul. Apol. C. 3. Praesident probati quique Seniores , honorem istum non praetio , sed testimonio adepti . These were before Cyprian . After him were Jerom , on Isaiah 3. 2. Et nos habemus in Ecclesia Senatum nostrum , &c. August . Ep. 137. Dilectissimis Fratribus , Clero , Senioribus , & Vniversae Plebi Ecclesiae Hipponensis . Where he maketh a plain Distinction between the Clergy , and these other Elders , and also the Body of the People : these Elders then were not Teachers , and they were above the People . The like he hath , contra Crescentium , Lib. 3. C. 1. Omnes vos Episcopi , Presbyteri , Diaconi , & Seniores scitis . Et ibid. C. 56. Peregrinus Presbyter , & Seniores Ecclesiae Musticanae , &c. The same Augustin , in his account of the Purgation of Caecilianus , and Felix , accused by the Donatists , mentioneth several Letters Recorded in the publick Acts , ( which must certainly speak the Language of that Age , ) wherein Ruling Elders distinguished from Preaching Presbyters , are plainly , and often mentioned : as Episcopi , Presbyteri , Diaconi , Seniores : again , Clerici , & Seniores Cirthensium : also a Letter directed Clero & Senioribus : and another , Clericis & Senioribus : Likewise the Epistle of Purpurens to Sylvanus hath these words , Adhibe●e Clericos , & Seniores Plebis , Ecclesiasticos Viros , & inquirant diligenter quae sint istae Dissentiones : where it is clear that the Ecclesiastical Consistory was then made up of these Elders , as one sort of its Constituent Members ; and that they had Authority to take Course with Disorders in the Church , in Conjunction with the Teachers of the Church . Even Gregorius Magnus the Pope , in the end of the sixth Age , sheweth that such Elders were still in the Church ; Tabellarium ( saith he ) cum consensu Seniorum & Cleri memineris ordinandum . Also , Lib. 2. Epist . 19. Si quid de quocunque Clerico ad aures tuas pervenerit , quod te justè possit offendere , facile non credas , sed praesentibus Ecclesiae tuae Senioribus est perscrutanda veritas , & tunc si qualitas rei poscit , Canonica Districtio culpam feriat delinquentis . Is it imaginable that there were no Ruling Elders in Cyprian's time , in the third Century , and yet after three hundred years , they were revived again ; when Episcopal Tyranny , and manifold Corruptions in the Church were come to a greater height ? Isidor . Hispal . Sent. Lib. 3. C. 43 ▪ Prius docendi sunt Seniores Plebis , ut per eos infra positi facilius doceantur . § . 16. It is yet more fully against this Author's bold Assertion , that even in Cyprian's time it self , this Office was in the Church ; as Witness the Writers of that Age , Basil . in Psal . 33. Quatuor gradus Ministrorum constituit , quod sciz . alii sunt in Ecclesia instar Oculorum , ut Seniores ; alii instar Linguae , ut Pastores ; alii tanquam Manus , ut Diaconi ; &c. And Optat. Milevit . Lib. 1. adv . Parmen . telleth us of certain precious Utensils of the Church , which in a time of Persecution , could neither safely be transported , nor hid in the Earth ; and therefore they were committed to the Custody of the faithful Elders of the Church . From all this it is evident , that if express and distinct mention be not made of this sort of Elders by Cyprian , it is either because he had no occasion ; or that he comprehended them under the general name of Presbyters , as the Scripture sometimes doth under the name of Bishops : for it is not to be imagined that Cyprian , in this , was of a different Sentiment from the Church , before , in , and after his time . § . 7. His third Foundation for his Argument is , that the Bishops Power , Authority , Pastoral Relation , extended to all Christians within his District : and a little after , the Bishops Prelation , what ever it was , related not solely to the Clergy , nor solely to the Laity ; but to both equally and formally : this we are no way concerned to oppose ; for we think every Minister hath a Relation to the Universal Church , and Authority with Respect to all the Members of it : and more particularly within the Presbytery whereof he is a Member : and yet more fully toward these of the Congregation he is set in , whether Elders or People . Neither is our Question about the Extent of the Bishop's Power , as to Persons , so much as about the Solitude of this Power ; whether Church Power reside in his Person alone , or be in the Community of Presbyters . I might dismiss this whole Section ; but that his Proofs seem not so much levelled at this Conclusion ; as at some other things which we cannot so easily comply with : he telleth us of Cyprian's defining the Church , to be a People united to the Priest , and a Flock adhering to their Pastour : he bringeth Citations to prove , that where a Bishop is wanting , the People hath no Ruler , the Flock no Pastour , the Church no Governour , Christ no Prelate , and God no Priest : and he will have Presbyters to be but Vice-Pastours . Now how far is all this from his Conclusion ; viz. that the Bishop's Power extendeth to all the People ? All this tendeth to prove the Bishop's sole Jurisdiction , which is afterward to be considered , where he insisteth on that point on purpose : but here here he doth nothing but make a Parade with a parcel of impertinent Citations : I shall only now tell him ; that this may be well understood of a Parish Bishop or Minister . For Presbyters being Vice-Pastours , that is afterward answered . Wherefore I now consider his Application of his three Conclusions to what he would prove ; viz. that a Bishop in Cyprian's time , was neither the Pastour of a Flock , nor the Moderator of a Presbytery ; in my sense of the terms : not the first for Cyprian at Carthage , Cornelius at Rome , &c. had many such Pastours under them : yea , it was so over all the World. Not the second ; because a Presbyterian Moderator as such , is no Church Governour at all : hath no direct , immediat , formal relation to the People , but only to the Presbytry . This is the goodly Argument in which our Author early triumpheth , as sufficient , if there were no more , to ruine our Cause . § . 18. This Triumph will be found to be before the Victory : That I may give a full and direct Answer to his Argument , I must distinguish what our Author confoundeth , viz. the signification of the word Bishop in the Apostles time , it signified any ruling , ordinary Officer in the Church : hence Phil. 1. 1. all Church-Officers are so called , except the Deacons . And 1. Tim. 3. 1 , 2 , &c. The Apostle giveth Directions to all the Ruling-Officers in the Church , and then vers . 8 , &c. telleth what manner of Men the Deacons should be . If the Apostle had known any other ordinary Church-Officers , these Canons had been very lame : and indeed it is no wonder that the Bishops ( not being here comprehended ) do what they will ; for we know no Scripture , rules neither for their Qualifications , nor Work : and Tit. 1. 5 , and 6. the Elders that were to be set up in every City are called Bishops , v. 7. the same Word in after Ages , as it was sometimes given to Pastours of particular Congregations , so it was ordinarily given to the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 the primus Presbyter or Moderator in the Colledge of Presbyters : and the same that sustained the later of these Relations had also the former , and laboured in the Word and Doctrine , and managed Congregational-Discipline in a particular Parish , taking the Word Parish in our modern sense . Wherefore if the Citations he bringeth for Episcopal Power can rationally be applyed to either of these Notions of a Bishop , our Cause is safe from his Assaults . That the Moderator of the Colledge of Presbyters is called Bishop , not only is evident from Jerom , Vnus è Presbyteris electus est qui caeteris superponeretur — Episcopi noverint se magis consuetudine quam dispositionis dominicae veritate , Presbyteris esse majores , & in communi debere Ecclesiam regere : but this Author cannot deny it ; tho' he pleadeth for an extravagant Power to that his Moderator ; about which Power I now debate with him . § . 19. That the Pastour of a particular Flock was also ( in the Primitive Times ) called a Bishop , is certain from this , that the Scriptures dividing the Church-Officers in Bishops and Deacons , are by the Fathers so applyed : as I have shewed elsewhere . Likewise we find Bishops in small Villages , where were no number of Pastors , over whom the Bishop might praeside : as is fully proved by the learned Mr. Clarkson , Primitive Episcopacy stated , &c. c. 2. p. 19 , &c. and that by multitudes of Instances , as also Testimonies of Fathers , asserting it to be then usual , Sozomen Hist. l. 7. c. 19. telleth us that in Arabia 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : he saith the same of Cyprus , and extendeth his Assertion to other Countries , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Mr. Fuller ( tho' Episcopal , yet a person of more Ingenuity than many others ) History of the Holy War , lib. 2. cap. 2. p. 45 , & 46. speaking of Palestine , at this time ( saith he ) Bishops were set too thick for all to grow , and Palestine fed too many Cathedral-Churches to have them generally fat : Lydda , Jamnia , and Joppa , three Episcopal Towns , were within four Miles one of another : — neither let it stagger the Reader , if in that Catalogue of Tyrius , he light on many Bishops Seats which are not to be found in Mercator , Ortelius , or any other Geographer ; for some were such poor Places as they were ashamed to appear in a Map. — For in that Age , Bishops had their Sees at poor and contemptible Villages . Concil . Antioch . in their Epistle concerning Paulus Samosatenus they mentioned Bishops 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . I know Dr. Maurice pretendeth to refute Mr Clarkson's Book : neither shall I judge who hath the better in most parts of that Debate ; but I see no sufficient Answer to what I have here quotted . Yet do I not joyn with Mr. Clarkson in the whole design of his Book . These two Notions of a Bishop being familiar in the Primitive Times , it is no wonder if we find the Fathers , sometimes speaking of a Bishop in the one Sense , and sometimes in the other . § . 20. I now Answer his Argument : a Bishop in Cyprian's time was always the Pastor of a particular Flock , and Moderator in the Consistory of Ruling-Elders ; but sometimes he was also the Moderator of a Colledge of Presbyters ; and so might have many Presbyters under him ; that is , he was above them in Dignity ; and we deny not but that by reason of his fixation in that Office , he by custom had crept into some more Power over them than was due : but that in Cyprian's time , he had the sole Power of Jurisdiction , and Ordination , or such Authority as our Diocesans pretend to ; I utterly deny . For the other part of his Argument , that he could not be a Moderator , because a Moderator as such , hath no Church Power , nor is a Church Governour . I Answer first ; the Assertion he here reflecteth on , cited by him pag. 3. that a Moderator , as such , hath no Church Power , was not meant , that there might be a Moderator who hath no Church Power , and so taking As specificative : as he absurdly improveth it , p. 36. affirming that a Heathen may be the Moderator of a Presbytery without repugnancy to any Principle of Christianity , tho' not without indecency and inconvenience . I say this is a most absurd Assertion , both because a Heathen Moderator could not understand the Affairs of the Church ; And because he would embarasse them : and because it is against common sense , and the Sentiments of Mankind , that an Enemy of the true Religion should have the Conduct , and main hand in mannaging the Affairs that do so nearly concern it : Yea , this his Assertion contradicteth it self : for he acknowledgeth that this were Indecent and Inconvenient , and I hope he will not deny , that it is a Principle of the Christian Religion , that all things be done Decently , and in Order : and that both Nature and Religion require , that we should shun what is inconvenient , especially to so high Concernments as are these of Religion . That Assertion then , that he aimeth at , is to be understood reduplicative ; that is , that a Moderator acquireth no Church Power by his being Moderator , above what he had as a Pastor of the Church : and here a Sub-distinction is to be used , he acquireth indeed an Ordinative Power , in that he ordereth the Meeting to avoid Confusion , and many call it pre re natâ ; but he acquireth no Decisive Power : he getteth a Power to be their Mouth , not their Will , or Commanding Faculty : to keep Order in the Management of what cometh before them , not to Determine what is Debated among them , as it is expressed in the place he citeth ; and which might have prevented this Cavil , if he had heeded what was said . To conclude what I have to Reply to this his Argument , it is no Proof of such a Prelacy in Cyprian's time as he pleadeth for , that it related to the Laity , as well as the Clergy : for so doth that of our Moderator : that is , he ordereth the Affairs which concern them , which are managed in the Presbytery : and that Cyprian did more , or , that he managed the Affairs concerning the Laity , without the same Authoritative Concurrence of the Presbyters , is the Question , and is not concluded by this Argument . § . 21. He undertaketh , p. 11. easily to collect another Demonstration against my Notion of a Bishop , from the way , how in Cyprian's time , he was promoted to his Chair ; to that Sublime Top of the Priesthood , as he calleth it . This is to fright us with big , bur empty Words : if he bring a concludent probable Argument , tho' short of a Demonstration , we must stoop . To Cyprian's Words , the Sublime Top of Priesthood , I should not doubt to give a satisfying Answer , if I could find the place , and consider the purpose he is speaking of ; but my Antagonist hath made my Work very difficult ; not by the strength of his Arguments , but by leaving me at uncertainty where to find any one of his Citations , unless I either stumble on them casually , or read all Cyprian's Epistles for every place that is cited : for he knoweth there are several Editions of Cyprian ; and he hath neither told what Edition he useth , ( I have no other at present , but that Printed by Le Preux , 1593. ) nor nameth he to whom the Epistle is Directed : whether this be done de industriâ , or not , I shall not judge : but I am sure it is a great neglect : especially considering that Cyprian's Epistles are quite otherways numbred by Scultetus , than in the Edition mentioned , but I find neither of these can help me to find his Citations . All that I shall say about this Sublimity he talketh of , is , that the Fathers used to speak big words concerning the Gospel Ministry ; which both Papists and Prelatists have abused : also the Bishops Power was elevated to a higher Dignity , tho' not greater Authority , than the Presbyters , and that was their Sublime Fastigium Sacerdotii . This his Argument also , he buildeth on several Propositions . The first is , There could be no lawful Promotion to a Bishoprick , where a Bishop had been setled , unless there were a clear , Canonical , and unquestionable Vacancy : it was a received Maxim then , that there could be but one Bishop at once in a Church . Our present Debate is no way concerned in this Principle , whether it be true or false . For taking a Bishop for Moderator ; we think there should be but one at one time : and that another ought not to be chosen till the place be void , by Death , Deposition from that Office , or Cession . If by Bishop you understand the Pastor of a Flock , whether there be one or more over a Congregation , is nothing to our purpose ; seing the Question is about the Power of the Bishop , whether it be in one , or more Persons . § . 22. Yet I shall observe a few things on his Discourse of this his Principle . 1. If I were willing to be very critical , I would ask him , what did they in those days , when there was a real , and lawful Vacancy ; but not clear , nor unquestionable ; as in the Contest between Cornelius and Novatianus at Rome : and many other Instances that might be given , of most Unchristian , and sometimes Bloody Contentions , between Bishops pretending to the same See : I hope the sound Party might , and did place a Bishop ; tho' the Vacancy was questioned . Next I oppose to his Principle , Dr. Hammond , on Rev. 11. p. 662. who telleth us , there were two Bishops at once in Jerusalem , Antioch , Ephesus , and Rome , he nameth them : and giveth Reasons why distinct Congregations under their respective Bishops in each City were necessary : he saith also it was so in other Cities : and his Reasons do prove that it must be so in all Cities : where there are many People . I insist not on the Bishops at Philippi , Phil. 1. 1. At Ephesus , whom the Holy Ghost had made Bishops , Act. 20. 20. Thirdly , I observe that all the Citations he here bringeth , hath this Tendency , to shew that Novatus in intruding himself in the Bishop's See at Rome , was to be blamed , seing Cornelius was already duly setled in that Place . This was a plain Case , the Presbyters and People of Rome had chosen Cornelius to be Pastor of a Flock , and their constant Moderator , as was the Practice of that Time : Novatianus was not only unsound in other things , but he got a Faction to choose him for Pastor and their Moderator , and he with them , set up another Presbytery , in Opposition to that wherein Cornelius was fixed : I know no Presbyterian who would not condemn this Practice as much as Cyprian did : and it is observable that the Citations here brought by our Author , do not so much concern the Unity of a Bishop ; as the Unity of a Church , which indeed Novatianus had broken : I confess Cyprian here used Expressions a little too vehement , in that he not only denyeth them who make such Rents to be Pastors , being unduly Chosen , and Ordained ; but denyeth them to be Christians : it was a great Sin , , and deserved the highest Censure ; but it is hard to Unchristian all who make a Schism : but I impute this Fervor to the Temper of that Age , rather than of the Holy and Meek Cyprian : and it is like , these Wise Men saw a peculiar Reason at that time , for thus Opposing the Seeds of Ruine to the Church , which often lurk unobserved in Schism . § . 23. His second pillar of this Argument is this Assertion ; there was no canonical vacancy but where the Bishop whose the Chair had been was dead , had ceded , or was canonically deposed . Let this pass . The third is , when a See was thus canonically vacant , the Bishops of that province met , choosed and ordained one in presence of the people whom he was to govern . I object nothing against this , save that the Bishops choosed the Man to be ordained : we say the People had the choice , with the Eldership : but this Controversie he waveth , as not belonging to this Argument ; and so do I. His fourth Proposition is , that the person elected received new Imposition of Hands , and new Ordination ; tho' he had been ordained a Presbyter before : this he prosecuteth p , 14. and citeth many Testimonies to prove what he alledgeth : he saith , no doubt that each of these was raised to the Episcopacy by a new Ordination : and of Sabinus , that he was ordained by Imposition of Hands : I deny not that even an ordained Presbyter behoved to be chosen to the Office of Bishop , before he could exercise it : so it is with our Moderator . That there was more Solemnity in installing a Bishop then , than we use in making a Moderator , cannot be denyed : that was consequential to the Bishops being constantly and for Life in that Office , and to that Prelation , or Dignity above other Presbyters that he then had . Neither shall I contend with him about Imposition of Hands to have been in that case used ; ( tho' after search , I cannot find the place he citeth ) for it is well known , that in the Apostolick Church ( and it is like it continued in after Ages ) Imposition of Hands was used when Men were sent into a special piece of Work , tho' no new Office , or new Power was given ; as Act 13. 3. I hope he will not say , that Saul , by that Imposition of Hands , was promoted unto a higher ; or new Office , being already an Apostle . But our Question is , whether the Bishop had a superior Power over Presbyters , which resided in his person alone : this we deny , and affirm that it is not proved by the Citations he hath brought . The Zeal that even false Bishops used to have all the Formalities in their promotion that were used by any other ( which is one of his Topicks ) is as little probative ; Nor should I wonder if they exceeded : they had need of all the Pomp that could be , to make up the want of Real Right , to strenthen their weak Title . He concludeth , p. 15. that now my Definition of a Bishop is routed a second time . Let the Reader judge . § . 24. He cometh to apply his former propositions , and to conclude his Argument from them . How ( saith he ) can the Maxime of but one Bishop at once consist with the Bishops being a single Presbyter ; seing in Rome and Carthage were many Presbyters , and yet each of these was but one Church . Ans . 1. It consisteth well with the Notion of a Moderator . 2. It consisteth well with the Notion of a Bishop in lesser places , where was no such plurality of Presbyters ; of which before . 3. I have said enough above to discredit this Maxime , in the sense our Author useth it 4. There might be a plurality of Presbyters in a particular Congregation ; not only Presbyters that were only ruleing , but-Preachers also : For it is observed by some , that in the primitive Times , they ordained many more preaching Presbyters in Churhes than they had present Work for : So Mr Clerkson , primitive Episcopacy , Ch. 5. p. 93. and he buildeth on Nazianzens Authority , who Orat. 1. Sheweth that the Officers in Churches were some times as many as these whom they had the Charge of . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( saith he ) 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . It is probable , that then the Christians having no Universities , the Churches , especially in great Cities , or where were learned Bishops , were Colledges for Breeding men to the Ministry , and that when they were ripe , they ordained them and imployed them ; that so they might be Seminaries out of which vacant Parishes might he provided : and if any will say , that the Bishop had such Authority over these Presbyters as our Professors of Divinity have over the Students , It may pass for a probable Conjecture : Only these were ordained , ours we do not ordain till we fix them in Churches : and in that time I find no such unordained Licentiats as we have . § . 25. He again asketh , If a Bishop were but a single Presbyter , why such a do , and so many Bishops conveened to elect and ordain him . This is in part answered above . I add , we also have a Meeting of many Ministers to ordain a Presbyter to a single Flock : and also when a Moderator is chosen . As for calling Bishops of a whole province to Elect and instal a Bishop at Rome , and at Carthage , that was needful , because these were the fixed Moderators in these Provinces ; So our Moderator of a provincial Synod is chosen by no fewer than the Ministers of a whole Province : and the Moderator of the General Assembly by Ministers from the whole National Church . What he saith about their New Ordination is already Answered . That which he calleth ridiculous is pretty ridiculously by him proposed : Viz. that so much ado was made about making two men Presbyters of Rome , who were already Presbyters of Rome . He meaneth Cornelius and Novatianus . It was about making them Moderators of the Colledge of Presbyters , not in Rome , but in the whole Province : and indeed it was lamentable , rather than ridiculous : Both that that Promotion began then to be more esteemed than was meet ; and was lookt on as a Prelation above the other Brethren ( tho' it was far short of what our Author contendeth for ) and also that there should be such unchristian Contests made about it Alas some such things have fallen out where a Diocesan Episcopacy was not pretended to . Our Sentiments about a constant Moderator he entertaineth in ridicule , p. 16. rather than refuteth them by Arguments : this I do little regard . Had the excellent men of the Cyprianick Age seen , or known the fatal Consequents of it , as we have ; I judge they would not have allowed it as they did . I. refer the Reader for satisfaction in this Point , to Mr. Baillie , Vnlawfulness and danger of limited Episcopacy : and another peice bearing the same Title , which he defendeth against a Reply made to it . That the Presbyters of Rome did often meet during the Vacancy of the See ; and that they had a Moderator in their Meetings , none will deny : but what he inferreth is in consequential ; that they might as easily have chosen a Bishop , if he had been but Moderator . For not only the Custom of having the Moderator fixed , made it more hard than to choose one to be their Mouth for one Meeting , or two ; but also , ( as I have said ) the whole Province was to be concerned in him . He argueth p. 17. in many words , if he were Moderator , why the people was to choose him , or why was it needful that he should be chosen in their presence . A. Because also he was to be Pastor of that Flock . That he was no Church-Governour as Moderator , is answered above : But it cannot be said he was no Church-Governour under another Relation ; viz. as Pastor of the Congregation of Rome , or a Congregation in it . That he was chosen by 16 Bishops . i. e. saith our Author , sixteen Moderators was not then needless , seing he was to be Moderator over them to ; that is over that Province . If sixteen parochial Bishops met to choose a Moderaror of a Presbytery , or sixteen Moderators from sixteen Presbytries met to Elect him who was to praeside continually in the Synod ; This cannot infer either sole or superior Jurisdiction . Further if we should grant that in these days , a Presbyterie used to take the help of other Presbyteries , or their Moderators , or that help was by Custom imposed on them , this will indeed prove that some of the Priviledges of Presbyters began then to be abridged ; but not that their ruling Power in the Church was transferred on a single person , the Bishop . What he further argueth p. 18. from the Bishops new Ordination , is already answered . § . 26. His next Argument ( and some that follow ) is taken from the Bishops relation to his particular Church ; viz. That he is the principle of Vnity to her : who ever adhered to him was in the Church , a Catholick Christian ; who separated from him , was out of the Church , and a Schismatick . Under this Head , he hath no less than six Considerations , which either are intended as Arguments , or signifie nothing . Before I come to examine these , I shall take some notice of his Argument , as it is here generally proposed . And 1. I observe , that this very Argument is fully with as much strength mannaged by the Papists , for the Pop's universal headship over the Christian Church : they plead that we are not of the Church Catholick , are not to be reputed Christians , are Dividers of Christ's Body , &c. because we do not adhere to the Pope , whom they hold to be the Principle of Vnity to the Christian Church : and the Papists reckon the Protestants as Hereticks , because they do not believe this ; and Schismaticks , because they live not in Communion with the Pope , and that Church whereof he is Head. 2. This Doctrine , as it is by our Author crudely , and indistinctly proposed , will Un-Church some of the best and soundest Christians : for have there not been Bishops , who had as good Title to their Sees ( to speak in his own Dialect , ) as any could have ; who afterwards turned Hereticks ? How many Arian Bishops were there , whose Right to their Places was not contested ? Will he say that all the Orthodox who separated from them , were guilty of Schism , and all the Aggravations that his Citations , p. 19 , 20. load it with ? Are we not commanded to withdraw from them who teach unsound Doctrine , 1 Tim. 6. 3 , 4 , 5. And our Lord warnes his People against Wolves ; and the Apostle gave Warning to the Elders of Ephesus , that of themselves , ( and our Author will say they were Diocesan Bishops , ) should men arise speaking perverse things , and drawing Disciples after them . This Argument will prove , ( if it hath any force ) that these their Followers were the sound Christians , and the rest Schismaticks ; because the one sort adhered to their Bishop , the Principle of Vnity ; and the rest departed from him . I am far from charging my Antagonist with owning these Consequents ; but I see not how he can shun the Consequence , unless he retract this his inconsiderat Opinion . Thirdly , I wish he had explained this Term , the Principle of Vnity : which he ought the rather to have done , because he saith , p. 18. near the end , this is a Point of great Consequence . What he saith for clearing it , is very insufficient : his Metaphors out of Cyprian , de Vnitate Ecclesiae ; prove nothing : viz. that of the Sun and Beams , the Root and Branches , the Fountain and Streams : if they prove any thing , they prove more than , I suppose , our Author will allow : for Cyprian , in the very page where he useth these Similitudes , ( p. mihi 297. ) speaketh of Peter's Primacy , and placeth the Unity of the Christian Church in him : tamen ut Vnitatem manifestaret , unam Cathedram constituit , & Vnitatis ejusdem Originem ab uno incipientem sua authoritate constituit : hoc erant utique & caeteri Apostoli quod Petrus , pari consortio praediti & honoris & potestatis , sed exordium ab Vnitate proficiscitur . And a little below , quam Vnitatem firmiter tenere & vindicare debemus , maxime Episcopi , qui in Ecclesia praesidemus ut Episcopatum quoque ipsum unum atque indivisum probemus . Where it may be observed , 1. That either Cyprian was absolutely for the Pope's Supremacy , or he had no such meaning as our Author designeth . 2. That Cyprian doth not so much speak of the Peoples adhering to their Bishop , ( which in a sound Sense I am for , ) as Bishops cleaving together , and not breaking the Churches Peace , by Divisions among themselves . 3. That he is to be understood of a Principle of Origination , rather than of a Principle of Dependance : that Peter first was in Commission by Christ , ( the truth of which I shall not now enquire into , ) and that all were obliged to adhere to that one Doctrine that he taught : not that he had Authority over the rest ; and they must not Dissent from him in any Case : Cyprian plainly teacheth the contrary , in that very place : that the rest had equal Authority with him . And if we should apply all this to a Bishop , or Minister in a Parish , it amounteth to no more but this ; he receiveth the Word from the Lord , and delivereth it to the People ; and if they depart from this , they are Schismaticks , and break the Unity of the Church : which we all acknowledge . I observe , 4. That this his Principle is indeed of so great Moment , that if it be true , there are neither Churches nor Christians in the World , but such as owne a Diocesan Bishop : few in our days are Christians , but these of the Romish , and Church of England Communion : all the Reformed Churches must be Re-baptized , and their Ministers Re-ordained : ( as Cyprian , and some other thought of the Schismaticks of that time , ) I hope all his Brethren are not of this Opinion . Yea it hath been condemned by the most famous of his Party . When , Anno 1610. some Scots Bishops were to be Consecrated at London , some moved that they might be first Ordained Presbyters ; their Ordination without a Bishop being null : Bancroft Arch-Bishop of Canterbur●y withstood that Motion , and told them , that thereof there was no necessity : seing where Bishops could not be had , the Ordination given by Presbyters must be esteemed lawful : otherwise that it might be doubted , if there were any lawful Vocation in most of the Reformed Churches . This was Applauded by all the other Bishops . Spotswood . Hist. Lib. 7. ad An. 1610. p. 514. Whence I infer that either Cyprian was not of this Author's Opinion , nor can his Words be so understood ; or that the English Bishops were opposite to him and Cyprian too . § . 27. What he saith further for clearing this his Notion about the Principle of Vnity , is both absurd and groundless : viz. that he ( the Bishop ) was the Head of all the Christians living within his District , and they were one Body , one Society , one Church , by depending on him , by being subject to him , by keeping to his Communion . I say this is absurd : because then Separating from the most Heretical Superstitious , yea , Idolatrous Bishop , were unlawful , as above noted . It is also groundless ; for neither Cyprian , nor any other , uses such indistinct , and universal Assertions in this Matter . I come to examine his several Propositions , by which he pretendeth to make out this his Argument . The first is , that the Antients highly Valued Church Vnity , and laid no more Stress on any thing than it ; and no Sin they Represented as more Hainous , or more Criminal than the Sin of Schism : And here he is at the Pains to fill almost two Pages , with the Commendations of Unity , and hard Names given to Schism , out of Cyprian , Firmilian , and Concil . Carthag . I do not find that he is so Copious , and mustereth up so numerous Forces against any Disputable Point , as in this where he hath no Adversary : for who ever spake against Unity in the Church , and took the Defence of Schism . Wherefore all this I pass with a few short Observes . First , Tho' we have Account of seven several Councils at Carthage in the Antient Records , yet this Author always citeth Concil . Carthag . without any discrimination : if he miscite Places , how shall this Error be discovered : for I think few will be at Pains to read over all the Acts of these Councils , for every one of his Citations ; which are not a few . 2. We may from this Discourse gather what Sentiments this Author hath of Presbyterians ; seing the Design of his Book is to prove them Schismaticks ; that is ( according to his Citations ) Renegadoes , Apostats , Antichrists , Malignants , Paricides , false Christs , Christ's Enemies , Blasphemers , the Devils Priests , Retainers to Korah , to Judas , Villains ; and much more of this Stuff . Either he Applaudeth all this , or not : if not , his Citations are impertinent ; if so , he chargeth us with all this Guilt : and I ask him , if he thinketh it just , that we should throw back all this Dirt on himself and his Party , whom we reckon to be the Authors of this Schism that is now in this Church : for my part , I am far from dealing so by them : I think they are in an Error , and that that Error misleadeth them into some Practices that are sinful , and that have bad Consequecens to the Church ; but I hope there are good men among them for all that . 3. The Schisms that occasioned these vehement Discourses among the Fathers , were chiefly these of the Donatists and Novatians ; which were like to ruine Christianity , and to make the World cast at it , while it was not well setled , nor universally received . I hope our Differences tho' they have sadder Effects , than I am willing to mention ; yet go not that far . 4. It is well known that the Holy Zeal of the Fathers , and the excellent Rhetorick they were endowed with , made them overlash sometimes in their Expressions : and it is evident that not a few of the Popish Errors had their Original , and some seeming Patrociny , from their flights of Rhetorick ; their Figurative Expressions , and some Logical Niceties that they used . This is not my Apprehension alone ; the Learned Daille , Right Vse of the Fathers , hath the same Observation , Chap. 5. The Fathers themselves were aware of this , with respect to the Writings of one another : Hieron . Ep. 139. ad Cyprian . Plerumque nimium disertis accidere solet , ut major sit intelligentiae difficultas in eorum explanationibus , quam in iis quae explanare conantur . And in Matters of greater Moment , they spake sometimes unwarily , not foreseeing what ill Use might be made of their Expressions ; as Jerom also giveth us ground to think ; Apolog. contra Ruffin . vel certe ( saith he ) antequam in Alexandria quasi Daemonium meridianum Arius nasceretur , innocenter quaedam & minus cautè locuti , — & quae non possunt perversorum hominum calumniam declinare . Petavius maketh also the same Observation , tho' a Jesuit , in Panar . Epiphan . ad Haer. 6 , 9. Yea , the same Author hath this Passage ; Not. in Epiphan , multa sunt à Sanctissimis Patribus presertim à Chrysostomo in Homiliis aspersa , quae si ad exactae veritatis regulam accommodare volueris , boni sensus manca videbuntur . § . 28. I observe , 5. That tho' our Author would fright us also with what the Scripture saith of Unity , and against Schism , ( which I confess is enough to make us love the one , and hate the other , ) yet I do not find this strain used against all Divisions , in Scripture without Discrimination ; but that another Spirit appeareth in these Inspired Writings , and that more of Christian Forbearance is Recommended , 1 Cor. 1. 11. and 3. Ch. 1. Divisions are reproved , and with strong Reason condemned : so 1 Cor. 11. 18. but that Weight is not laid on them that our Author speaketh of : and Philip. 15. 16. Forbearance , and Joyning in Uncontested Truths and Duties is enjoyned . And I am sure the Differences of these Times , were Things of more Moment , than our Bishops Mitres , or Lordly Domination are : The Church might be in Peace , if they either would shew us Divine Warrant for their Prelation , or not trouble us with their Usurpations . § . 29. His second Proposition is , for the Preservation of Vnity , and preventing of Schism , in every particular Church all were bound , in Cyprian's time , to live in the Bishop's Communion , and to owne and look upon him , as the Principle of Vnion to that Church of which he was Head and Ruler . I see not wherein this differeth from the former Proposition : I am sure it containeth no new Matter : and therefore I should have taken no notice of it ; but that p. 21. he bringeth some Citations that need a little to be examined . Altho' I can by no Diligence find some of the Places that he citeth , yet by chance I have light on these : and the Words he useth afford a plain Answer to his Argument brought from them . For his first Citation out of Ep. 33. ( I find it in Ep. 27. ) it maketh nothing at all for the Bishop's sole Power , nor for his being further the Principle of Vnity , than what I have above granted . The Case was this , some of the Lapsed who had been received to the Peace of the Church , ( as they pretended ) by the means of some Martyrs ; wrote to Cyprian that they were now received by the Church , and desired that they might be more fully restored by Cyprian and the Church with him : Cyprian took it ill that they should write to him as from a Church , whereas they that had received them , nor they themselves , were no Church ; but in this had neglected the Authority of them who were truly the Church . In all this Cyprian saith nothing but what is according to the Principles of Presbyterians : if any should pretend to receive Penitents , even tho' they were Elders in a Congregation , or Ministers in a Presbytery , without the Moderator , without the Elders , or the Presbytery , respectivè ; we should blame them , for Usurpation , and disorderly Walking . And it is very observable , that Cyprian in this very Passage saith , that Ecclesia in Episcopo & Clero , & omnibus stantibus est constituta : then it is not the Bishop who is the Church : what he saith of the Church as being built on the Bishop , is already cleared : he saith indeed , omnis actus Ecclesiae per eosdem praepositos gubernatur : in which our Author sheweth but little Skill , when he translateth these words , all her ( the Churches ) Affairs are ordered by them as the Chief Rulers : where it should be turned , by the same who are set over her ( the Church : ) and I think that it will not be denyed that Presbyters are Praepositi , and are set over the Church : he saith no more then , but the Church is founded on the Bishop , that is , his sound Doctrine , as was before explained , and her Affairs are ruled by the same Praepositi ; that is , the Bishops , and others having Ecclesiastical Authority with them : For Presbyters are the same with Bishops in this ; and that Cyprian meaneth so , may be gathered from his varying the word Episcopus into Praepositus . Again granting , that all the Acts of the Church are ruled by the Bishop , this will not prove that they are ruled by him alone . His other Testimony out of what he calleth Epistle 43 , is far less to his purpose ; Felicismus , with his Faction ( who formerly had opposed Cyprian's Election to be Bishop ) in his retirement , not only without him , but without the Concurrence of the Presbytery , or Congregational Eldership , ( I shall not determine which of these the Church of Carthage was then governed by ) received some of the lapsed : which I , as well as my Antagonist do reckon a very disorderly Action ; this Cyprian doth justly blame : And that on this Ground , that they set up another Altar in that Church , that is , they threw off the Church Authority that was regularly placed in Carthage ; and set up another beside : we also would blame them who would cast off the Authority of the Presbytery , or Kirk-Session , and set up another . What is Cyprian's meaning is yet clearer from what our Author unwarily citeth out of his Book de unittae Ecclesiae . An esse sibi cum Christo videtur qui adversus Christi Sacerdotes facit ? Qui se à cleri ejus & Plebis societate secernit ? Where he describeth Schisme to be when some depart from the Rulers and Members of the Church ( not from the Bishop alone ) and that is to be understood , while they keep God's way . § . 30. His third Preposition is , that Cyprian maketh the contempt of one Bishop , or undutifulness to him , the original of Schisme . I am so far from opposing him in this , that I think when people begin to quarrel with the meanest of Christs Ministers , ( unless his Life , or Doctrine , or Government , give just cause ) that they sin against God , contemn his Ordinance , and are on the brink of Schisme ; if not Haeresie also : And I am sure all that he citeth out out of Cyprian on this head , amounteth to no more except a word or two , which I shall a little consider . When he speaketh of one Bishop , I understand him of one Praeses , whether in a Congregational , or Classical Presbytrey , and that in conjunction with them : who opposeth such Authority opposeth Christ's Institution . He mentioneth p. 23. as also p. 32. The Bishops Monarchical power in the Church ; and maketh Cyprian prove it by the Bees who have a King , the Beasts who have a Captain , and Robbers who have a Chiftain . It is evident to any who consider Cyprian's other Writings , that he never arrogated to himself a Monarchical Power over the Church ; for he plainly disowneth it as we shall after have occasion to shew : But he is here dealing with one Pupianus , who had reproached Cyprian as proud and arrogant , here Cyprian defendeth himself , and retorteth the same Charge of Arrogance on Pupianus in that he took on him to arraign the Bishops and Rulers of the Church ; and had denyed his power in the Church : and he sheweth what Inconveniency it were to the Church , if all this time the Church of Carthage had been governed by a Man who had no Authority : and in this he bringeth the similitude of the Bees , &c. Will any think that Cyprian was so weak as to take this for a sufficient Argument to prove Monarchical Power in the Church : he only bringeth it as a similitude to illustrate this Truth , that there must be a Government in the Church , and it had been ill with the Church of Carthage , if so long a time they had One over them who was no lawful Ruler : which is no Determination of the Extent of Cyprian's power ; Neither was that the Question between him and Pupianus . § . 31. I proceed to his fourth Proposition , p. 24. The Bishop was so much the principle of Vnity ; the people had such Dependence on him , and was so virtually in him , that what he did as Bishop , was reputed the Deed of the whole Church ; which he ruled . And to confirm this , he bringeth Instances , that Churches were blamed for communicating with criminal Bishops , and that they did not separat from them ; and are commended for the Bishops owning the Truth . Had our Author thought fit to peruse and consider his Papers before he printed them , it is like we should not have been troubled with such crude Notions . For 1. How can this be reconciled to what he had a little before-pleaded , concerning the horrid sinfulness of separating from their Bishop ; and this without any distinction or Limitation . 2. He is so unwise as to add one word that spoileth all his Design , viz. As Bishop , for what a Bishop acteth as Bishop , he acteth in the Consistory , or the Presbytery ; and by the plurality of their Votes : and that is indeed the Fact of the Church Representative , and of the Church diffusive too , if they shew no dislike of it ; But this is no Semblance of Proof of the Power of Bishops that he pleadeth for . Cyprian's Rhetorical flourish in saying , that when Cornelius confessed the Faith before the Persecutors , the whole Roman Church confessed ; Is no more but that Cornelius gave a faithful Testimony to that Doctrine , that he had preached among that People , and that they received , and did still owne ; is this an Argument that Cornelius had the sole Power of Church-Government in Rome . Yea , all this might have been said of any Member of that Church who had so confessed , and the Church did not reclaim , but professed the same Truth ; It is far less probative , that Cyprian desired to suffer at Carthage , rather than else where , that he might in Confession be the Mouth of them all . And least of all is it an Argument , that he calleth them his Bowels , his Body , their Grief was his Grief , &c. We must abandon all Sense and Reason , if these pass for concludent Arguments . Of the same weight is what he bringeth out of Pontius , of the Blessedness of the people of Carthage , who suffered together with such a Bishop . I beg the Readers pardon for troubling him with such silly Arguments , which need no Answer . § . 32. His fifth Proposition , that the Bishops being the principle of Vnion to his Church , was held before the Cyprianick Age : This , I say needeth no further Animadversion : for it bringeth no new thing ; Neither is it to be imagined that Ignatius , whom he citeth , meant that the sole Authority of the Bishop , rather than the Doctrine that he taught from the infallible Word of God , was the Principle of Vnity to the Church : Or , that they who belong to Christ are with the Bishop , whether he teacheth Truth or Error : It is a vast mistake that he saith , that Cyprian , Ep. 33. pleadeth for the divine Right of Episcopacy in that Ep. ( which is ( mihi ) 27 ) he pleadeth for the Divine Authority of the Church , and her Bishops ; that is , Pastours : not for a Divine Warrant for the Praelation of some of them above others : nothing can be more evident than the concurrent Testimonies of Antiquity against this Fancy : Scripture , and the most Antient of the Fathers speak of Bishops and Presbyters indistinctly ; when the Distinction began to be taken notice of , Jerome saith that it was brought in by the Presbyters themselves : Ep. ad Evagr. as also on Tit. and Aug. Ep. 10. referreth to Ecclesiae usus . Yea , Concil . Nic. 1. Can. 6. maketh the Distinction of Bishops , as Metropolitans , &c. To be mos antiquus : All that followeth , § . 37 , 37 , 36. doth also confute this Opinion . But this I insist not on , because our Author hath put off the proof of that Divine Institution of Episcopacy , to his next Essay , p. 94. His sixth and last Proposition is , that the Principle of the Bishops being the Center of Vnity is most reasonable and accountable in it self . We may now expect some Herculean Argument , and the highest Effort of his Skill : And I am willing that the whole Controversie be hanged on this Pin. All that he bringeth for Argument is , every particular Church is an Organical , political Body ; and there can be no Organical Body without a Principle of Vnity , on which all the Members must hang , and from which being separated , they must cease to be Members ; and who so fit for being Principle of Vnity to a Church as he who is Pastour , Ruler , Governour , Captain , Head , Judge , Christs Vicar , &c. Not his Conclusion only , but an Assumption is understood , viz. the Bishop is all this , ergo he is the Center of Vnity ; and his quod erat demonstrandum followeth a little after , it is scarce possible to prove any thing of this nature more demonstratively . One might make sport with this Argument , which is introduced , and backed with such Parade : But I am in earnest in this Debate . There are here no less than three Premisses expressed , and a fourth necessarily understood , before we can reach the Conclusion ; which every Logician will condemn ; and when we are at last , through all these Stages , arived at the Conclusion , it is above distinguished , and his Argument can reach no more than is by us confessed : Besides this , it is hard to shew how these his Premisses hang together , or what Connection they have . Further , that the principle of Vnity in a political Body is one person and cannot be a Society , the Consistory , or the Presbytery in the Church , will hardly be proved : by this Argument there can be no Unity in a Common-wealth , but only in Monarchy , Aristocracy , and Democracy in a Nation are here not only made unlawful , but impossible . that the Bishop is fittest to be the Principle of Unity in the Church is gratis dictum : Yea , it is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : Notwithstanding of the metaphorical Appellations that our Author giveth him , from some of the Antients . Yea , if a Society cannot be the Center of Unity in a particular Church , who shall be the Center of Unity among Bishops ; we must surely have the Pope for this use , which is indeed the native conclusion of our Author's Argument that he braggeth so much of . But this will afterward occurre . § . 33. He cometh now ( p. 27. ) to another Argument : a Bishop in Cyprian's age , was supreme in his Church , immediatly subject to Christ , had no Ecclesiastical Superior on Earth : the Church was one , but divided into many Precincts , each had its Bishop who was their Supreme . I am no further concerned in what he saith on this head ; but what he bringeth for the Bishops Supremacy . Wherefore I insist not on his first Proposition , concerning the Equality of Bishops ; I only observe that he is for Parity in the Church ; and if it be found among Bishops , I know no Scripture nor Reason that condemneth it among Presbyters . To the same purpose is his second Preposition , and his Third , all which are levelled against the Supremacy of the Bishop of Rome ; whose cause I do not intend to plead . Wherefore I come to examine his 4th Proposition , p. 31. by the Principles of these times , every Bishop was Christs Vicar , within his own District : So , say I , is every Minister of the Gospel ; understanding by Vicar , one who deriveth his Power from Christ , and to him must give account of it . He saith further , that a Bishop had a Primacy in his own Church . If he mean that he was primus Presbyter ; I denyed it not , if that he had the sole Power in his own person , or that the Presbyters had not a coordinate power with him in the Government of the Church , I deny it . Neither is it proved by Cyprian's words , which he citeth ; Cathedram sibi constituere , & primatum assumere : which I cannot find by what Directions he giveth , and therefore cannot tell what might be further said for vindicating them . The next Expression admiteth of the same Answer , viz. that he managed the Ballance of Government ; it is not said that he did this by himself ; Our Moderator manageth the Ballance of Government , but with the Presbytery . The sublime Sacerdotii fastigum , signifieth no more than primus Presbyter : The Antients use as big words for as low things : neither do I know any higher Degree in those days : If my Antagonist will prove it , he must use other Topicks , than words that may admit various significations . the same I say of the Expressions that follow , the vigor Episcopatus , the sublimis & divina potestas gubernandae Ecclesiae ; This last may agree to the meanest Member of a Presbytery ; Are not Presbyters called by Cyprian such as are divino sacerdotio honorati : and gloriosi sacerdotes as himself citeth . p. 7. To what purpose he citeth Jerome for the Parity of Bishops , and saith that I will not reject his Testimony , I understand not . I shall neither oppose him nor Jerome in that Principle . § . 34. He bringeth another Argument , ( p. 32. ) from the High Priest among the Jews , and saith , that a Bishop was the same to Christians , that he was to the Jews . I see the learned Author is very unhappy in stumbling upon popish Arguments , and he can say litle for his Bishop , but what they say for their Pope : And it is evident , that the Papists from this Medium , argue with much more shew of Reason : For the High Priest had universal supream Authority over the universal Church , that then was ; The Papists infer the Pope's universal Head-ship : tho' I am far from thinking this Argument concludent for them ; yet what shew of Confequence can it have for a Bishops Power in his Diocess ? Or with what Face can this Author say , that a Bishop is the same to Presbyters and Deacons , that he was to the Levites , unless he say that a Bishop was the same to all the Presbyters and Deacons in the World that the High Priest was to all the Levites in the world . Cyprian's Reasons , brought from the High Priest , have much more Sense in them than these of our Author : For he pleadeth no more from that Topick , but that as the High Priest was to be obyed , and not resisted , so is the Bishop . As the High Priest was reverenced , even by Christ , so is the Bishop ; we say the same : that a Bishop acting in his Sphere , with his Consistory , or Presbytery , should be obeyed and respected : and we count it the same sort of Sin in Schismaticks , who rebel against this Church Authority , with Kora's Rebellion against Aaron : but it is utterly inconsequential to infer Church Monarchy from Aaron's Power . I wish he had brought any thing that might look like proof of this consequence . He saith , p. 34. that the Christian Hierarchie was copied from that of the Jews ; and he bringeth Arguments for it , such as they are , one is from the Names , Priest , Priesthood , Altar , Sacrafice , &c. which he calleth a pregnant Argument ; I cannot but still observe how much the Papists owe him ; not only for their Pope , but for their unbloody Sacrifice , what ? must we have all that of the Old Testament whereof we retain the Names ? If so , we must have a new Gospel . This Argument is easily delivered of its Pregnancy , by denying the Consequence . His other Argument is from an Ep. of Clement of Rome , who lived in the Apostles times : wherein he exhorteth to Order , and every ones keeping his Station , and then reckoneth up several Subordinations under the Old Testament . A. Clement useth the Old Testament hierarchy as a simile , to illustrate New Testament Subordination of Officers in the Church ; ergo we must have the same Officers , and they must have the same Power that these had , non sequitur : Neither was such a Consequence intended by Clement : For a second Answer , our Author may know that that , and others of the Epistles that go under Clement's name are rejected , as none of his , by Learned Men , and on solid Grounds . § . 35. He hath a long Discourse , beginning p. 34. at the end , to shew that my Definition of a Bishop , is consistent with none of the three Principles last mentioned , which were current in the Cyprianick Age ; much less with all three together . I have already shewed , how far these Principles were held in that Age ; and how our Notion of a Bishop agreeth with them all . What seemeth to be further Argumentative in this Harangue , I shall consider . He saith the Bishops being the Principle of Vnity , doth not consist with his being a single Presbyter ; where there were fourty six Presbyters ; as at Rome : there would rather be fourty six Principles of Divisions , and make the Church a Monster with fourty six Heads . Answ . 1. I retort this Argument : In the first Council of Nice , ( for Example ) where were three hundred Bishops , what was the Principle of Unity ? or , were they three hundred Principles of Division ? And a Church Meeting , or a Church Representative , that was so Monstrous as to have three hundred Heads ? What he will answer in the one case , I will answer in the other . And indeed this Argument destroyeth the Parity of Bishops , which he pleadeth for , as well as of Presbyters ; and its Native Conclusion is , we must either have the Papacy over the Church , or Anarchy in it . A. 2. Where there are many such Presbyters as our Author pleadeth for , we say the Bishop was the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and not a single Presbyter . A. 3. In a particular Flock , where are many Ruling , but not Teaching Presbyters , the Bishop or Minister , is such a Principle of Vnity , as I have above owned : and where there are more Bishops in one Church , the Principle of Unity , is their Teaching the same Doctrine : as is above explained . He next alledgeth , that a Moderator cannot be the Principle of Vnity in a Presbytery ; seing as such , he is neither Pastor , Governour , nor Christian ; but may be a Heathen . A. This wild Notion , that a Heathen may be Moderator in a Presbytery , I have fully refuted , § . 8. To the first part of his Argument , I say , that not the Moderator alone , but with the Presbytery , is the Principle of Vnity , while they all Teach the same Truths , and adhere to the one Rule of our Faith , and Practice , the Word of God : any other Bond , or Cement , by which Men can be United , which lyeth in the Authority of a Man , rather than in the true Doctrine , is an Antichristian Fancy ; and tendeth to enslave the Conscience to the Will of Man. We know no such Uniting Head as he telleth of , but Christ , Ephes . 4. 15 , 16. Neither did ever Cyprian dream of such a Head of the Church Next he will make our Notion of a Bishop inconsistent with his other Principls , the Bishop's Supremacy , and Independency . I have already shewed , that the Church in Cyprian's Time , knew no such Supremacy , nor Independency : but held , and Practised a Subordination , not of many to one , but of every one to the Collective Body , and of every lesser Body to the greater , of which it was a part . I see no Reason nor Scripture Ground for Independency , whether of single Pastors and Congregations , or of Presbyteries , or of Bishops ; and their Provincial Synods . His third Principle , the Hierarchy under the Gospel , being the same with that under the Old Testament , I have refuted , as a groundless Fancy ; and therefore am under no Obligation to shew the Consistency of our Parity with it . § . 36. From p. 37. he layeth down Principles that would afford stronger , and more pertinent Arguments , than any we have yet met with , if he can but sufficiently establish these Principles . He mentioneth three , viz. 1. The Bishop's sole Power in many Acts of Government and Discipline . 2. His Negative in all . 3. That all Presbyters were subject to his Authority and Jurisdiction . If all this be true , our Cause is lost : but we are not afraid to try it with him , through his help whose Cause we plead . Before I engage in this Debate with him , I desire the Reader will reflect on what I observed , § . 10. that if we can bring Testimonies to prove a Parity of Power among Presbyters : and that Domination over them by one , was condemned , or disowned in Cyprian's Time ; his bringing Testimonies to the contrary , will not be found Concludent : for Contradictory Assertions derogate from the Authority of the Asserter : or seeming Contradictions must be reconciled by a fair Exposition : or , such Testimonies will prove , that the Practice and Principles of the Churches of that Age , were not Uniform ; any of which would weaken his Cause . I shall not here repeat the Citations that are full to this purpose , which I have on diverse Occasions mentioned . Nor need I confine my self to Cyprian's Age alone : seing our Author pretendeth to no less Antiquity for his Way , than from the Apostles down ward ; yea , all the Ages of the Church ; and all the Churches of every Age : and we acknowledge that after the third Century , Church-Government was much altered to the worse . I shall begin with Ignatius , both because his Testimony is Argumentum ad Hominem , at least , seing my Antagonist , and his Party , lay so much Stress on his Epistles : also , because if he speak for Parity , it may abate the force of all that they bring out of his Writings to the contrary . What I shall alledge from him , I find cited by the famous Arch-Bishop Vsher , in his Original of Bishops and Metropolitans , Ignat. Ep. ad Trallianos . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. be subject to the Bishop as to the Lord ; and after ▪ be subject to the Presbytery as to the Apostles of Jesus Christ our Hope . Also 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. he that doth any thing without the Bishop , and the Presbyters , and the Deacons , such an one is defiled in Conscience . And again 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. farewel in Christ Jesus , being subject to the Bishop , and also to the Presbyters . Here it is plain that Church Authority , to which the People must be subject , is not given to the Bishop alone , but to the Presbytery also ; and indeed to them both acting conjunctly . I need not transcribe what is , with much plainness , cited to our purpose , by Blondel ; out of both the Clements , Polycarpus , Justin ; and others of the first of the Fathers . I only mention Clem. Alexand. Strom. Lib. 7. Penes Presbyteros est Disciplina quae facit homines meliores . Tertullian Apolog. c. 39. Praesident probati quique Seniores . Viz. In their Meetings for Discipline : where were Admonitiones , Castigationes , & Censurae Divinae . He is speaking of the Discipline of a Congregation ; and ascribeth the Government of it to a Community , not to a single person . The Clergy of Rome in their Epistles to Cyprian , ( which is Ep. 31. ) do plainly declare their Opinion about the receiving the Lapsed ; that it should be done collatione Consiliorum cum Episcopis , Presbyteris , Diaconis , Confessoribus , & stantibus Laicis : this they mean of the general Method that should be laid down for it ; it should be Advised about by as many as can give Counsel : but when they speak of the Authoritative Sentence ; they say , it should not be done ab uno : then not by a Bishop acting by sole Authority . Cypr. Ep. 10. § . 3. Writing to the Clergy of Carthage , and shewing the evil of overturning Church Discipline , as had been done by some of their number ; he telleth them , Erunt rei qui praesunt , & haec fratribus non suggerunt , ut instructi à praepositis faciant omnia cum Dei timore . Where it is evident that they owned them as praepositi ; and charge on them the Duty of giving faithful Warning , according to that their Character : whence it followeth that he did not look on himself as being the only praepositus , or Ruler of that Church . And Ep. 28. he commendeth the Clergy of Carthage , ( while himself was absent from them ) that they had debarred from Communicating with them Gaius Presbyter Diddensis , and his Deacon , who had Communicated with the Lapsed : and he telleth them that they had Acted like Men of Integrity , and according to the Discipline of the Church : integre & cum Disciplina fecistis . If he had the sole Power , this Fact of theirs had been quite contrary to Church Discipline . If any say , that they did this with the Advice of some of Cyprian's Collegues , that is , Bishops . A. Whether these were Bishops or not , we know not : but they only gave Advice , the Authoritative Act was by the Clergy of Carthage . Ep. 55. § . 17. Cyprian compareth the number of Presbyters and Deacons who had concurred in condemning ( affuerunt judicio & cognitioni ) some Schismaticks ; with the number of them that stood for them : which is a clear Argument that the Clergy , with the Bishop , not onely consulted , but judicially determined , in Church Affairs . And in the same Epist . § . 21. speaking to Cornelius Bishop of Rome , he expresly mentioneth the Clergy as ruling the Church with Cornelius : his Words are , Florentissimo clero illic tecum praesidenti . Also Epist . 58. he hath Words of the like importance , § . 2. Qui cum Episcopo Presbyteri sacerdotali honore conjuncti . It is also evident in many of Cyprian's Epistles , that he divideth the Clergy in Praepositos ( which Word doth manifestly signifie Rulers ) and Deacons . So Epist . 62 , 65. and elsewhere . I only add out of Cyprian Epist . 6. § . 4. Doleo enim quando audio — nec à Diaconis aut Presbyteris regi posse . Pamelius's Note on this Passage maketh it yet more plain for us ; tho' he was a Papist , and no Presbyterian . Hinc ( saith he ) non obscurè colligitur , viguisse adhuc Carthagini , aetate auctoris , praerogativam Presbyterorum & Diaconorum primitivae Ecclesiae ; qua communi totius Presbyterii , i. e. Presbyterorum & Diaconorum collegii , consilio , administrabantur omnia ab Episcopis : And he citeth to confirm this , Ignatius , as I have before cited him . If any say Pamelius attributeth to the Presbytery but Consilium ; it is plain that Cyprian speaketh of their Ruling Power . § . 37. Contemporary with Cyprian was Firmilianus Bishop of Caesarea in Cappadocia ; who doth fully declare for Presbyterial Government , in his Epist . to Cyprian , which is the 75. of Ep. Cypr. for § . 3. he hath these Words , Qua ex re necessario apud nos fit ; ut per singulos annos seniores & praepositi in unum conveniamus ; ad disponenda ea quae curae nostrae commissa sunt ; ut si quae graviora sunt , communi consilio dirigantur . And § . 6. Omnis potestas & gratia in Ecclesia est constituta , ubi praesident majores natu ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) qui & baptizandi , & manum imponendi & ordinandi possident potestatem . It is to be observed , that frequent mention is made in this Epistle of Episcopi , Bishops , and Pamelius thinketh that this Ep. being turned out of Greek into Latine by Cyprian , to whom it was written , by Praepositus is meant Bishop , and by Senior Presbyter , whence it is evident , that here all Church Power is ascribed to the Presbyter that is given to the Praepositus or Bishop . At the same time was Pontius one of Cyprian's Deacons ▪ and his constant Attendant , and who well knew his Principles ; he wrote Cyprian's Life , and in that History he hath these Words , Nulla mora , nulla dilatio Presbyterium & sacerdotum statum ( that is presently after his Conversion to Christianity ) accepit : quis enim non omnes honorum gradus crederet tali menti : where it is plain that Pontius thought that all Church Degrees were included in Sacerdotium & Presbyterium ; which he taketh for one . And a little below he joineth Sacerdotium & Episcopatus as the same Office that Cyprian was chosen to , while he was Neophytus , and as was thought Novellus . From all this it appeareth that Cyprian was made Priest , Presbyter and Bishop all at once , as being the same thing . Gregor . Nazianz. ( who flourished in the fourth Century ) in his Apology , telleth us of the Apostles making Canons for Bishops and Presbyters , 1 Tim. 3. and Tit. 1. Whether their Office may be called a Ministry , or Rule of Government ; his Words are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . He saith likewise of them , that they ( by their promotion to be Presbyters ) ascend from being ruled to be Rulers : that they have Authority , not over a Flock ; but over mens Souls : and other very sublime Powers he ascribeth to them . And in his Orations , he is as profuse in extolling the Dignity and Authority of Presbyters , as any other in exalting Bishops . He saith , as many as are ordain'd , are chosen to the high Thrones of Presbytery 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . That he speaketh not of Bishops as distinct from Presbyters , is plain , for the design of his Discourse , especially in his Apology , is to shew how the Apostle directed Bishops and Presbyters by the same Canons , without distinguishing them , or their work ; and that onely custom had raised the Bishop above them as their Praeses . § . 38. I next bring Ambrose as a Witnes for us ; in his Epistle to Syagrius , he sheweth , that when he and Syagrius had severally passed Sentence on a Delinquent , the Church was unsatisfied with the Sentence of Syagrius , and gave the reason , because he had done it by himself , sine alicujus fratris consensu ; but acquiesced in the Sentence passed by Ambrose , because ( saith he ) hoc Judicium nostrum cum Fratribus & Con-Sacerdotibus participatum processit . Whence it is plain to have been the Principle of those days , that the Bishop had not sole Jurisdiction : however some were then Grasping at it . Chrysostom . Homil. 11. in 1. Tim. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , &c. omitting the Order of Presbyters , he ( the Apostle ) passeth to the Deacons . Why so ? Because there is no great Difference : for they are Ordained for Teaching and Governing ( 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ) the Church ; and what he had said of Bishops , he applyeth to the Presbyters . If then Chrysostom was for the Bishop's sole Jurisdiction , let any judge . August . Ep. 19. quanquam secundum honorum vocabula quae jam Ecclesiae usus obtinuit , Episcopatus Presbyterio major sit , tamen in multis rebus Augustinus Hieronymo minor est . Where it may be observed , to our purpose , 1. That Augustine placeth the Praelation of a Bishop above a Presbyter , in the Title of Dignity , but speaketh not a word of Superior Power . 2. He not only insinuateth , that that Difference ( such as it was ) had its Original , not from Divine Institution , but Humane Custom ; but he speaketh of it as lately setled , jam obtinuit : this was after 420 years : it was neither constant , nor universal , till then . Salvianus maketh the Levitae & Sacerdotes to be the Apostles Successors ; not mentioning Bishops as distinct . So Gildas frequently speaketh of Bishops and Presbyters promiscuously . I hope I may also adduce Jerom , a Presbyter , as a Witness , as well as they do other Fathers who were Bishops . He giveth all manner of Church Power to Presbyters , and not to Bishops only . Ep. ad Heliodorum . Presbytero ( saith he ) si peccavero , licet me tradere Satanae in interitum carnis . Et Ep. ad Demetrium ; sunt quos Ecclesia reprehendit , quos interdum abjicit , in quos nonnunquam Episcoporum & Presbyterorum Censura desaevit . Ambrose giveth Account , Ep. 80. of the Excommunication of Jovinianus , and others with him , by Syricius Bishop of Rome ; whose words to Ambrose were , omnium nostrum tam Presbyterorum , quam Diaconorum , quam totius Cleri scissitata fuit Sententia . It is shewed , § . 37. that Penitents were to be received by the Bishop and Clergy ; as Cypr. Ep. 12. it were then strange , if they were cast out by the Bishop alone . I desire the Reader ( who can ) for further satisfaction , would read Paul Baynes Diocesan's Trial : and Mr. Peregrin Letters Patents of Presbytery : they having somewhat that is singular on this Subject . § . 39. Let us now examine what he is pleased to bring for the Bishop's sole Power in the Church ; and against the Parity that we have Asserted . And first , I shall examine his three Principles above-mentioned . The first of which is , there were several considerable Acts of Power , belonging to the Government and Discipline of the Church , which belonged solely to the Bishop ; several Powers Lodged in his Person , which he could manage by himself , and without the Concurrence of any other Church-Governour . Of this sort he reckoneth eight , viz. Confirmation , Ordination , Settling Presbyters , Disposal of Church Revenues , Imposing Charitable Contributions , Convocating the Presbyters and Deacons , Indicting Publick Fasts , Delegating two of his Presbyters . These I shall consider distinctly , with his Proofs for what he Asserteth about them . For the first of these , Confirmation of the Adult , who had in their Infancy been Baptized ; at first it was no more , but after diligent Instructing them in the Grounds of Religion , bringing them to the Pastor of the Church , ( and probably before the Eldership ) that they might be tryed in their Proficiency , and so declared fit to receive the Lord's Supper : in which nothing can be blamed . Afterward it came to be more Theatrically managed , and Imposition of Hands was the Ceremony by which it was set off : till at last it came to be esteemed a Sacrament . Now when it was thus turned from the Simplicity of God's Ordinance , to be a Pompous Device of Man , ( not a few of which were crept into the Church in , yea before Cyprian's Age ) it is not strange , if they committed not the managing of it to all , to whom Christ had committed his Ordinances ; but to one of their own chusing . Our Debate is , whether the Bishop had sole Power of managing any of Christ's Ordinances ; of which number this is not . Yet I find litle strength in our Author's Arguments for this Power in the Bishop . His first Proof is , Cypr. Ep. ad Jubajanum , it was the Custom to offer such as were Baptized to the Bishops , that by their Prayers , and the Laying on of their Hands , they might receive the Holy Ghost , and be Consummated by the Sign of our Lord : which our Author taketh to be the Sign of the Cross . Here Cyprian useth the word Praepositis , which our Author is pleased to translate Bishops ; whereas Presbyters also were called by that Name . For Cyprian , Ep. 3. § . 1. the Roman Clergy , ( when they had no Bishop , ) said of themselves , that it appeared that they were Praepositi ; and thence inferred , that it was incumbent on them to take Care of the Flock : and they speak of idle Shepherds as neglegentes Praepositi , whose Reproof was to be a Warning to them . And Cypr. Ep. and Jubajan . which is 69. § . 4. plainly calleth the Successors of the seventy Disciples , as well as these of the Apostles , Praepositos : for of them that place Luc. 10. 16. which he citeth , is to be understood . And Ep. 62. § . 1. he sheweth how Church Discipline is to be regarded , à Praepositis & Plebe . And Ep. 65. § . 4. he mentioneth Episcopos & Praepositos , as distinct . And Ep. 21. which is Celerini ad Lucium , § . 3. quorum jam causa audita , praeceperunt eos Praepositi sic esse donec Episcopus constituatur . And de Lapsis , § . 4. Praepositos superbo tumore contemnere : it is spoken of all the Rulers of the Church . For a further Refutation of this his Principle , it may be observed , that this Confirmation , of which Cyprian here speaketh , is not that which in our days goeth under that Name ; but that used in the Apostolick Church , the Effect of which , was the giving of the Holy Ghost ; as is clear from his citing Act. 8. 14 , &c ▪ for the Pattern of what they did , and their Warrant for it . Now that Imposition of Hands was not given to all the Baptized ; but only to such as were ad ministerium ordinandi , saith Lightfoot : it was not ad sanctificationem , sed ad dona extraordinaria ; saith the same Author . Piscator , Beza , Grotius , do also so expound this place : wherefore it proveth nothing , except our Author can tell us what Cyprian meant by it : which I can not ; seing the extraordinary Gifts of the Holy Ghost were then ceased , for any thing that we know . His next Citation , out of Firmilian , destroyeth what it is brought for ; for he ascribeth to Bishops the Power of Baptism , Confirmation , Ordination : his Word is , they possess this Power : I hope he will not say that Presbyters had no Power in Baptism : wherefore by Bishops here Firmilian must mean the Pastors of the Church ; all of whom were frequently called Bishops at that time : yea , himself confesseth , that these spoken of , were the majores natu , whom he most absurdly pleadeth to be Bishops , as distinct from preaching Presbyters . Of as little weight is what Cornelius saith of Novatianus ( Eusebius maketh Cornelius say this of Novatus , chap. 42. ) that he was not confirmed by the Bishop ; for in that place Cornelius questioned not only the Confirmation of Novatus , but his Baptism : and that he speaketh not of the ordinary Confirmation , but of that which belonged to Priests , is clear ; for he saith , how then came he by the Holy Ghost ? and he is there pleading his incapacity to be a Bishop , on that account . But of this too much : for it doth not hurt our Cause if it be granted that Bishops then were so far distinguished from other Presbyters , that they usurped a Power which our Lord had not given to them , nor any man else , at that time ; what ever he had before done to them whom he immediatly sent , and extraordinarly endowed . § . 40. The second Act of Power that he ascribeth to the Cyprianick Bishop alone is , He had the sole Power of Ordination ; and that of whatsoever Clergy-men within his District . Ordinations could not be performed without him : but he could perform them regularly without the concurrence of any other Church-Officer : And he saith , this hath so frequently and fully been proved by learned men , that he need insist little on it . All which we deny : neither do I find any Argument here brought by him , nor have I found in the Writings of his learned men ( and I may , without vanity , say , I have seen the strongest of them ) which might be a rational ground of Conviction . Before I examine his Proofs for this Assertion , I shall prove the Antithesis : That Presbyters did , in that age , and before , joyn in the Ordination of Presbyters . And first , it is evident from Jerom's words , so much insisted upon by our Episcopal Brethren , Alexandriae , a Marco evangelista usque ad Heracleam & Dionysium Espiscopos , Presbyteri semperunum ex se electum , in excelsiori gradu collocatum , Episcopum nominabant . Whence it may fairly be deduced , that till An. Christi 246 , all the Power or Authority that the Bishop had , was given him by the Presbyters ; they elected him , nor had he any other Ordination , or Communication of Power , but what he had from them ; in the Opinion of Jerome . If then the Presbyters made a Bishop ; it could not be he alone , but the Bishop with them , and as one of them who made Presbyters . 2. Hilarius , who lived in the midle of the fourth Century , in Eph. 4. hath these words , apud Aegyptum Presbyteri consignaverunt , si praesens non fuit Episcopus . Whether ye interpret Consignaverunt of Confirmation , as some , or Consecration of Church-Officers , as others , it cometh to the same Conclusion : seing our Author and his Complices , reserve both these Powers to the Bishop ; and it is probable they were not divided . That they did it absente Episcopo , doth imply that they had that Authority ▪ for without it they could not have done it at all . 3. Novatus a Presbyter in Carthage , while Cyprian was Bishop : Ordained Felicissimus : This Ordination ( tho' no doubt it was irregular , being done without the Moderator and the Presbytery ) yet it was not lookt on as null , but Novatus was , after that , owned by Cyprian : and Felicissimus continued to be a Deacon . To this our Author answereth p. 42. that not Novatus , but neighbouring Bishops by the procurement of Novatus , did it . But Cyprian's words are plain ; Felicissimum diaconum sua factione constituit . That this Deacon was ordained by Bishops is gratis dictum . I have also elsewhere proved , that in Scotland there were Presbyters ruling the Church , long before they had Bishops : which could not be if none but Bishops could Ordain them . § . 41. Cyprian Ep. ( mihi ) 33. in ordinationibus clericis , solemus vos ante consulere , ut mores & merita singulorum communi consilio ponderarem , &c. In that Ep. he telleth the Church what was his usual practice ; and we have cause to think that he lookt on it as his Duty not to Ordain without the Presbyters : Commune consilium here can import no less than Deliberation and Authoritative Decision , for it was common to him and them . In the following part of the Epistle , he excuseth his Ordaining Anrelius a Lector , without them , from the evidence of a Divine Call : and the present Distress and Scattering of the Church might excuse this necessary diverting from the common Road : yet he telleth them , he did not this by himself , but hunc igitur fratres dilectissimi , à me & à collegis qui praesentes aderant ordinatum sciatis ; quod vos scio & libenter amplecti , & optare tales in Ecclesia nostra quem plurimos ordinari . He maketh the like Excuse , Ep. 24. for his Ordaining Saturus a Lector and Optatus a Sub-deacon : only here he had before hand the common consent ; but his Circumstances ( being in his Retirement ) did not suffer this to be done in and with the Presbytery ; but that he did it not alone , we may gather from the former instance . This doth sufficiently shew that Ordinations were not performed without the Determination of the Presbytery . But it is also manifest , that in the solemnizing of them , by imposition of Hands , the Presbyters had their Share with the Bishop . Cypr - Ep. 10. § . 2. There is mention of impositio manum Episcopi & cleri , and that two several times . If it be said , that this Imposition of Hands was for absolving Penitents ; the consequence is good from the one to the other , seing our Author joyneth Confirmation in order to Communion ( of which this is a sort ) with Ordination , as two Powers reserved to the Bishop alone . Ep. 67. § . 4. he saith of Cornelius Bishop of Rome , that he was ordained Suffragi● , Cleri & Plebis , Concil . Carthag . 3. Canon . 22. Nullus ordinetur clericus non probatus , vel Episcoporum ( not Episcopi ) examine , vel populi testimonio . Concil . Carthag . 4. Can. 3. Presbyter cum ordinatur ; Episcopo eum benedicente , & manum super caput ejus tenente , etiam omnes presbyteri qui adsunt manus suas juxta manum Episcopi super caput ejus teneant . This is exactly our practice , if ye allow the Moderator to be the Cyprianick Episcopus . Our Author himself seemeth to insinuat , that the Presbyters with Cyprian , used to concur in Ordination ; while he premiseth to his proofs for sole Ordination , that passage out of Ep. 14. ( as he quoteth it ) a primordio Episcopatus mei statueram nihil sine consilio vestro & sine consensu plebis , mea privatim sententia gerere . I say , if this be not meant of Ordination , it is here very impertinently brought in . Nor can his Comment on Cyprian's words help him , viz. That this was his voluntary Condescendence , that he was not bound to : To prove which he putteth Statueram in majusculis as if it were not usual with good men when they enter on an Office , to resolve to keep within the bounds of their power ; to manage it lawfully ; as well as to cede in what is their Right . But that Cyprian's words cannot bear that sense , I prove by the Reason he giveth ; sic mutuus honor exposcit : the mutuus honor must be that due regard that he had to their Authority in the Church , and they ought to have to his : it had been a dishonouring of them , and setting them lower than Christ had set them in his Church , for him to mannage her Affairs without them . And Ep. 18. he maketh this Matter yet clearer ; Quae res , cum omnium nostrum consilium & sententiam spectet , praejudicare ego , & soli mihi rem communem vindicare non audeo . Where it is manifest , that it was conscience of Duty , and not good Nature onely , that induced him to this Conduct . Also that he attributeth to Presbyters not consilium onely , but sententiam ; not onely a consultative Power , but also definitive , or decisive . The Apostle who had indeed a sole Jurisdiction , spake in another Dialect , 1 Cor. 5. I have judged already . Cyprian durst not do so , because he knew he had not that sole Power . § . 42. Let us now hear his Proofs for the Bishop's sole Power of Ordination . The first is , What is said of the Ordination of Aurelius , which I have already shewed to be against him . Wherefore I shall onely take notice of his Observes on this Passage , by which he would force it to speak for him . 1. That his Power was the same in all Ordinations . I shall not much contend about this : only , if they put the Power of Ordaining Officers of their own devising into the hands of whom they would ; it doth not thence follow that they might , or did so dispose of Ordaining Power with respect to these whom God had appointed , and about whose Ordination he had given Rules in the Word . 2. He used only to ask their Counsel about the manners and Merits of the person to be Ordained ; not their concurrence in the Act of Ordination . This is a Mistake , he asked not their Counsel only , but their joynt Suffrage , as is above shewed . That their Concurrence in the Act of Ordination is not here mentioned , is not to his purpose ; seing it is consequential to their Office , and Church Power . That it is fairly imported in the instance of Aurelius that they used not to concur , is a groundless Imagination ; For this is a single Instance in an extraordinary case , and he spendeth a whole Epistle in making Apologie for it : Yea , he more than insinuateth the contrary , when he telleth what he used to do , and giveth a singular Reason for what he now did . I wonder that common Sense doth not teach him that such an Act doth not import a Custom . 3. That it was intirely of his own easiness and condescendency that he consulted them in the matter : This I have above refuted ; and it is inconsistent with what himself elsewhere saith , that the Bishop was the Monarch , and the Presbyters his Senate : I hope he will not say that it is ex beneplacito that Kings consult their Parliaments : Unless he be for the Turkish Government both in Church and State. § . 43. Another Testimony ( which he calleth Remarkable p. 40. ) is Cyprian Ep. 41. had given a Deputation to Caldonius and some others , to examine the Ages , Qualifications , and Merits of some in Carthage , that he , whose Province it was to promote Men to Ecclesiastical Offices , might be well informed about them , and promote none but such as were meek , and humble , and worthy . His Remark is , he speaks of himself in the singular Number , as having the power of promoting ; and he founds that Power , and appropriats it to himself , upon his having the care of the Church , and the Government of Her committed to him , For A. I observe a few things on this discourse . 1. This Delegation of Caldonius and the rest , was not to Carthage , as our Author dreameth ; which appeareth by the end of the Epistle , in which he bids Caldonius , &c. read this Ep. to the Brethren , and transmit it to Carthage to the Clergy : which had been incongruous if their Errand and Work had been at Carthage . Next , this is in consistent with what Cyprian , and our Author saith was his Practice ; viz. to consult the presbyters about who were fit to be ordained : It is strange that he should send Strangers to Carthage for such Enquiry , and to inform him , with the neglect of the Presbytery . 2. It is also clear from the Epistle , § . 1. That this Negotiation was about some Sufferers who belonged to the Church of Carthage ( may be , banished , or imprisoned , or confined some where ) where they were in necessity ; for he saith he sent them , ut expungeretis necessitates fratrum nostrorum sumptibus , &c. That they might pay their Debts ( as Pamelius expoundeth it ) and that they might furnish them for following their Trades , if they so inclined : And the enquiry about their fitness for Church-Work seemeth to be intended on the by ; for he bringeth it in with simul etiam . 3. That he speaketh of himself in the singular Number , doth no way infer that he alone was to promote any who were qualified among these Sufferers : Neither his having the care of Church Government committed to him : For ego cui cura incumbit promoverem , saith nothing at all of sole care , nor of sole Power . Not only a Moderator , but any Member of a Presbytery , to whom the Ordination of Ministers belongeth , might say as much ; might desire to know worthy persons , and give the Reason , that it is not Curiosity , but it belongeth to my Office to Ordain such as are fit , and therefore I desire to know their qualities . His next Citation hath no more strength : For it saith no more than that some in a State of Schisme have been ordained by false Bishops ; whence he inferreth , that all Ordinations in the true , and in the false Church were performed by Bishops . This is not the Question ; but whether they were ordained by Bishops acting each of them alone . § . 44. He next bringeth Ep. 39. where Cyprian writeth to his Clergy , that he had Ordained Celerinus ; and Ep. 29. Saturus , and Optatus ; and that tho' some of them were but young , and he Ordained them to Inferior Offices ; yet he designed they should sit with him in their Riper Years : that is , ( saith our Author ) he designed them for the Presbyterate . And he very Learnedly observeth , that Cyprian telleth his Presbyters this in a very Authoritative Stile , even in a Stile by which Superiors used to signifie their Will and Pleasure to their Subjects ; with a be it known unto you . Here a little Reflection will serve . 1. Here is still the old Fallacy ; Cyprian Ordain'd these Persons , ergo , he did it alone . 2. It is so far from that , that of Celerinus he saith expresly , it was done by him and his Collegues , Ep. 34. § . 1. As in the former , Ep. 33. he had said of Aurelius . 3. The present Dissipation of the Church , made some things necessary , which were neither usual , nor commendable out of that Case : as that Cyprian , with such as he could then get to concur with him , Ordained some Persons without the Concurrence of the Presbytery ; who then , it seems , through the Persecution that was at Carthage , could not get that Work managed . 4. For Cyprian's Stile in his Epistle to the Presbytery , I think many moe will smile at his Fancy , than will be convinced by the strength of his Reason drawn from it : Cyprian's word is , Sciatis , which our Author putteth in majusculis , to give his Argument some more pith : but who knoweth not that this Expression signifieth barely a notifying of a thing to another ; and is commonly used ( especially in the Latine Tongue ) to Superiors , Inferiors , or Equals . It is a token of a mind deeply impressed with the Majesty of a Bishop , ( as he elsewhere expresseth himself , ) when this word doth so sound in his ears . The Ordination of Novatianus , which he next bringeth as an Argument for him , rather is against him : it was an Act condemned by the Clergy and People , by Cyprian's constant Practice ; and that which he lookt on as Duty , ( as hath been shewed before , ) and was the Practice of an Aspiring Pope : yea which himself promised should not be made a Praecedent . Can any body think this is a good Argument to prove the Custom of that Age ? Neither can it be made appear , that this Ordination was performed by the Bishop alone : especially seing our Author saith , the Bishop prevailed and Ordained him . It is like he prevailed with some , at least , of the Clergy , tho' they did at first much resist it . He saith , p. 42. that any concurrence of Presbyters with the Bishop in Ordination , is not to be found in Cyprian ' s Works , nor in his Age. I hope the Reader is by this time convinced of the contrary . He next , p. 43. bringeth for Proof , the second Canon of the Apostles , commonly so called , which is , let a Presbyter be Ordained by one Bishop , as likewise a Deacon , and the rest of the Clergy . But our Author might know , that the Authority of these Canons , is controverted even among Papists : as Sixtus Senensis , Lib. 2. ad vocem Clemens , p. ( mihi ) 62 , 63. And Caranza . Summa . Concilior : and others shew . The Contentions that are about the number of them , make them to be all suspected . Rivet . Critic . Sacr. Lib. 1. C. 1. p. 93. and P. Martyr . Loc. Com. Class . 4. C. 4. p. ( mihi ) 779. bring sufficient Grounds for rejecting them , as neither done by the Apostles , nor collected by Clement , as is alledged . Again if this Canon were admitted , it proveth not the Conclusion : for one Bishop Ordaineth , when the Moderator with the Presbytery doth it : and that Canon is observed , when no more are called together to the Ordination of a Presbyter . His Comparison of the Bishop's Power in this , with the Rights of Majesty in giving Commissions , is vain Talk : unless he can prove a Monarchy , and that absolute in the Church , which can never be done : for the Canon mentioned , being universally received in Cyprian's time , it is not without Doubt , as he alledgeth , for all Beveregius's Arguments which he boasteth of ; but produceth none of them . One thing I cannot pass , p. 44. he telleth , that after Cyprian's time , it was appointed by the Canons , that Presbyters should concur with the Bishop in Ordinations : which overthroweth all his Discourse of the Bishop's Majesty , Soveraignty , Incontrollable and Vnaccountable Power , &c. And it is evident to any who is Conversant in the History of the Church , that Episcopal Power did rather continually increase , than suffer Diminution , till it arrived at the height of the Papacy , ( which in the best sense , is his Sublime Fastigium Sacerdotii . ) And then indeed the Pope began to clip the Wings of other Bishops , that he might crow over them . § . 45. His third Prerogative of the Bishop in Cyprian's time , is his full Power , without asking the consent or concurrence of either Clergy or People , to setle Presbyters within his District . And on this occasion he ridiculeth our Principle of the peoples Power of choosing their own Ministers . All the Prooff of this confident Assertion , and insolent Contempt of them who are otherwise minded , is , Cyprian Ep. 40. wrote to Carthage , that they should receive Numidicus as a Presbyter among them : and our Author addeth , probably he was ordained before . 1. If our Author had pleased to state and argue the Question about the Power of Election , I should have been willing to joyn Issue with him . Or if he had thought fit to answer what I have elsewhere written on that Head , in a Book that he hath seen , and cited , when he thought he could say something against it , I should have considered the strength of what he would say : but he doth wisely shun that Controversie : neither shall I dip in it , further than is necessary for answering his Book . 2. If Numidicus was ordained before , then was he also placed in Carthage before ; and we have cause to think that he was ordained by the consent and concurrence of the Presbyters of Carthage : at least our Author cannot prove the contrary , which is necessary for establishing his Conclusion . 3. He who animadverteth on Pamelius's Notes on Cyprian , hath these Words , on the beginning of the Epistle , Etsi vocatio Numidici magis erat extraordinaria quam ordinaria , tamen non sine plebe Carthaginense Presbyterio ascribitur : whence he inferreth , that Ordinations without their consent , are profanae & irritae . 4. His work is to prove that it was the Practice and Principle of the Cyprianick-Age , that a Bishop by himself placed Ministers : this cannot be inferred from one single instance ; and that in a time of Persecution and Dissipation ; and where there was so signal appearance of Divine determination , that Cyprian's words are , admonitos nos , & instructor dignatione divina , sciatis , ut Numidicus Presbyter adscribatur Presbyterorum Carthaginiensium numero . Any who desireth to be fully satisfied in this Point of Election of Pastors , let him read Blondel . Apolog. Pro sententia Hieron . from p. 379. to the end , even to p. 548. where it is traced through all the Ages of the Church . § . 46. The Bishop's fourth Priviledge is , he had the Disposal of all the Revenues of the Church . This our Author maintaineth p. 44 , &c. he had the full Power of this , saith he , ibid. I here observe , that if we should yield all that he asserteth , it maketh nothing for the sole Power of the Bishop in Jurisdiction , or Government of the Church : for these distributions were always reckoned a Service , not any Act of Government in the Church : the Object of Church Power are not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Further , I observe , that the Authoritative Direction in managing these Matters , did belong to all Church Rulers : The Apostles had the Power ; but they were not at leisure to attend the managing of these things , as our Author's Bishop is ; but committed it to Deacons , who were Officers appointed for that very end , Act. 6. I observe thirdly , that however to be thus imployed , might sute well with the way and temper of the the Bishops of our time ; who generally are more imployed about Secular Affairs , than in Preaching : it was not consistent with the Labour of the Primitive Bishops about the Gaining of Souls . Fourthly , it is evident , that in the Ages after the Apostles , the Deacons had the Charge of the bona Ecclesiastica ; ergo , not the Bishop only . Origen in Matth. 16. Mensis Ecclesiasticarum pecuniarum Diaconi praesunt . Item , Diaconi qui non bene traetant pecuniarum Ecclesiasticarum mensas , & semper de eis fraudant , & ipsas quas dispensant non secundum justitiam dispensant & divites fiunt de rebus pauperum , ipsi sunt numularii pecuniarum , mensas habentes quas evertet Dominus . It is fifthly to be observed , how absurd it is , and what a snare , for any one man to have the sole Disposal of all the Goods of the Church , who may take what he will of them , for his propria portio , ( to use our Author's words ) and give what he will to the other Church-Officers , and to the Poor . This is a Trust might make bad Bishops ( and such there were even in Cyprian's time ) a Scandal , and might expose the best to Obloquie : and lay a Foundation for perpetual Grumblings and Discontents in the Church : to prevent which , the Lord by his Apostles , appointed Deacons to superintend that Affair , Act. 6. Let us now hear what our Author pleadeth for his Opinion : he telleth us that the Bishop not only had his propria portio , which he will have to be the third of all ; and he observeth , that this made Fortunatianus and Basilides so earnest for Restitution to their Sees , after Deposition , ( and in our days maketh many Sell , or Ruine the Church for these Lucrative Promotions ) but he affirmeth the Bishop had also the Disposal of the rest . For which his Proof , first as to the Clergies part ; Felicissimus is blamed for contending about his share , contrary to his Duty to his Bishop : and others are praised who took their shares as the Bishop should please to dispense them . A. 1. That the Bishop here is meant in his sole , or single Capacity ; and not rather in Conjunction with the Presbytery wherein he praesided , is denyed , and can never be proved . Yea , the contrary is evident , Ep. 41. ( which he citeth ) where speaking of them who were so tractable , he useth these words , & vobis acquiescere maluisse ; that is , submitted to their ( the Presbyteries ) Determination about their shares . 2. If a School Boy should make such a Version of Latine into English , as our Author here doth , he would be lasht for it . He turneth , Episcopo Dispensante , as the Bishop should please to Dispense them : whereas the Bishop's Dispensing , was nothing but his giving out Sentence as the Presbytery had Determined ; not as he , by himself , pleased . Likewise , he taketh no notice of these words , & vobis acquiescere maluisse : which is a great Error in Translation . 3. It is evident from Cyprian's own words , that he did not act solely in this Matter , but with the Authoritative Concurrence of the Presbytery ; for a little before the words cited , he saith , cumque post haec omnia , nec loci mei honore motus , nec vestra authoritate & praesentia fractus , &c. where he blameth Felicissimus for despising the Bishops honour , and the Presbyters Authority : clearly insinuating the Difference of the Bishop and Presbyters of his time , that he had more Honour than they ; but not more Authority . The same way are we to understand Cyprian's promoting Aurelius and Celerinus only to the Degree of Lectors ; but entitleing them to the Maintenance of Presbyters : viz. that Cyprian might propose this to the Presbytery , tho' he could not effect it without them : his words are , Presbyterii honorem designasse me illis , & ut sportulis iisdem — he designed it , because they were choice Young-men , but it was the Presbytery concurring with him , that must make this effectual . He saith for the Poors part , the Bishop's Power in Distributing it , is so evident from Ep. 5. and 41. that I need not insist on it . A. In Ep. 41. ( which is that we were just now Debating about ) there is not one word to that purpose ; but that he had sent some to relieve the Necessities of some Sufferers : but out of what Fond , whether his propria portio , or any other , is not said . And if it were out of the Churches Stock , it is not said he did this without the Presbytery : he might very well say he did it , when the Presbytery appointed it , and he put it in Execution . What he saith in the 5. Ep. is as fully against our Author's Design , as any thing can be . He bids them , both in Discipline and Diligence , act both their own parts and his . And he hath these words quantum autem ad sumptus suggerendos , sive illis qui gloriosa voce Deum confessi , in carcere sunt constituti , sive iis qui pauperes & indigentes laborant , & tamen in Domino perseverant , peto ut nihil desit : cum summa omnis quae redacta est , illic sit apud Clericos distributa propter ejusmodi casus , &c. Is it not here evident , that the Clergy are intrusted with the Poors Money , and are to distribute it as need requireth : and that this Distribution in Cyprian's Absence , was a doing of their own Work and his ; so that they Acted not as his Delegats . Further , they Acted their own part and his , when one of them did praeside in their Meetings in his Absence : which was , in these days , his peculiar Work ; neither do we find that he Deputed one to praeside ; but left it to the Presbytery , to choose whom they thought fit . He next bringeth the 38. and 41. Canons of the Apostles , to prove what he designed . I have above shewed what Weight is to be laid on their Authority . Nor do they give this Power to the Bishop alone ; but the Bishop is to be lookt on , with respect to what is there said , as praesiding in the Presbytery . What he citeth out of Justine Martyr , saith no more , but the Bishop hath 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the Care of the Ecclesiastical Goods : which we willingly yield to him , and to every one of the Presbytery : but it is not said , he alone hath this Care. He would have us believe , that this sole Power of the Bishop , is fairly founded on Scripture : but citeth no place . I know no more where to find these places of Scripture , than I know where to find some places of Cyprian that he citeth . I am sure Act. 6. maketh nothing for him ; but on the contrary . Neither 2 Corinth 8. and 9. Chapters . For Paul was a Delegate in carrying that Contribution to Judea : and if he had claimed more Power ; it will be hard to prove the Bishop's Power to extend as far as that of an Apostle . § . 47. The Bishop's fifth Power that he alone possessed is , of imposing charitable Contributions on all the Christians within his District , for the Relief of Strangers , &c. For which he referreth to Ep. 62. and 78. but citeth no words . I can find nothing to that purpose in either of them , as in my Book . For his alledging Soter Bishop of Rome , whom Dionysius of Corinth commendeth for this Practice , cited by Eusebius , Lib. 4. Cap. 23. ( mihi 22. ) there is no more in it , but that Dionysius commendeth that Church for their wonted charitable Distributions to other Churches ; and that Soter had observed , and improved this Custom : this may be fairly expounded of exhorting to Charity without Authoritative Imposing of Contributions ; which any Minister may do . And if he did impose , it is not said he did it by himself , tho' he is only mentioned ; as , perhaps , being singularly active in stirring up both the Presbytery and the People : and he was to publish in the Church , the Presbyteries Determination in this . What is there in all this for a sole Power in this Matter ? His next full Power is , Indicting of Fasts : for which he citeth Tertullian de Jejun . But it is observable that Tertullian speaketh of Bishops in the plural number ; now it is not to be thought that no Fasts were Indicted but by a Meeting of Diocesans : wherefore Episcopi must be the Presbytery . Or if he mean the several Bishops in their several Churches : it may be rationally understood of the Bishop's intimating to the People , what is by common Consent Determined ; not what he enjoyneth by his sole Authority . The seventh Branch of the Bishop's Prerogative is , to Convocate the Presbytery and Deacons . And let him enjoy it , for it is what we grant to our Moderator : and there is a natural necessity , that it be in the Power of some person to call them together , when any emergent doth require it . And seing in Cyprian's time , the Bishop was the constant Moderator , it was consequential that he should be the constant Conveener . But what Prerogative , or sole Power this doth infer , or what Ecclesiastick Authority above the Brethren it importeth , I cannot understand . Let any who hath clear use of reason judge , how this proveth the Bishop's managing the Affairs of the Church like a chief Governour , as our Author dreameth , p. 48. Neither doth it appear , that the Bishop might convocate the Presbyters at pleasure , ( as he fancieth ) but when there was cause : as in the Instance he bringeth there was . He bringeth in , on this Occasion , an Observation , that Cornelius received these persons about whom he called the Presbytery , without asking the Peoples consent ; but acquainted them after it was done . But our Author hath forgot what he had a few Lines before said , that after they were received in the Presbytery , the People were made acquainted with it ; not one word of the Bishop's receiving them by himself . This is nothing contrary to Presbyterian Principles and Practices . Yea ( as if he had design'd to refute himself ) he citeth a Letter of these Persons , shewing that they were reconciled to the Bishop , and to the whole Clergy : where is then the Bishop's sole Power of receiving Penitents ? He propoundeth to himself an Objection ; that the Presbyters at Rome met in a Vacancy , after the Bishop's Death : and at Carthage , in the time of Cyprian ' s Retirement . To the second Instance he Answereth , that Cyprian left a Delegation for their Meeting : which he proveth strangely : he wrote , ( Ep. 5. ) that they should faithfully perform his Office and their own : where , saith he , we have distinct Offices , and an express setling of a Delegation . A. For distinct Offices , his Mistake of the Latine Word hath misled him ; it is fungamini illic & vestris partibus & meis : I see not but one Presbyter may say this to another . For his Delegation , I think few others can perceive it in these words ; may not any Member of a Presbytery , but especially the Moderator , say the same , by a Letter to the Presbytery ? It importeth no more but a Warning to be vigilant in their Work. See § . 46. His next Citations is out of Ep. 14. ( It is Ep. 6. ) Where Cyprian commands them to perform the Office of Vicars to him . Cyprian's words are , hortor & mando ut vice mea fungamini circa gerenda ea quae administratio religiosa deposcit . Here is no more but what any of Christ's Ambassadours may say ; he chargeth them to do their Duty ; and he had Authority from Christ , not as Bishop , but as a Pastor of the Church , and Christ's Ambassadour , to enjoyn this . If Cyprian had our Author's meaning , then all Religious Administration must cease , without the Bishop's presence , or Delegation : which is absurd . For his mea vice , it signifieth no more , but that his Absence might be supplied by their Diligence . Cyprian's warm recenting what some of them did without his allowance ; shall be elsewhere considered : it was , that some Presbyters without both their Moderator , and the Presbytery , received some of the Lapsed : which was wholly irregular , and blame worthy . He next , to the Presbyters Meeting , sede vacante , Answereth ; that they might meet ; but they might only determine in ruled cases . That is gratis dictum : but if they might act in any case , it is an Argument that they had Church Power in their Persons ; and that it was not solely in the Bishop . The last of the Bishop's Prerogatives that he pleadeth for , ( tho' he telleth us , p. 50. that he could collect more , ) is , his Delegating , not his Presbyters in common , but two of them , Rogatianus and Numidicus , with two Bishops , Caldonius and Herculanus , to consider the state of the Poor at Carthage , and to pronounce the Sentence of Excommunication against Felicissimus and Augendus : which they executed against them , and some others . If this Discourse prove such a Power of Delegation , it will also prove such a Power in one Bishop over another ; which our Author will not allow ; seing he asserteth , p. 27 , 28 , 35. that every Bishop is supreme , and hath no Ecclesiastical Superior on Earth . 2. Sending a Messenger to do for us , what we are restrained from doing , is not always an Act of Authority : one Friend may send another , if he yield to it , as well as a Master may send his Servant . 3. That which hath most Weight in our main Cause , ( tho' it be impertinent to the present purpose , ) is , that these Persons were to Excommunicat Felicissimus , &c. To which I Answer , that this Excommunication might be Determined by the Presbytery , and it was Cyprian's part , as Moderator , to intimate it ; for which he substituteth the Persons named . Here is no sole Power of Excommunication . This is Countenanced by Cyprian's own words , in that Ep. § . 2. that Felicissimus had despised both him and the Presbytery . Nec meo honore motus , nec vestra authoritate fractus : It seems he had been tried before them , and Sentenced for Contumacy . Further , he was also suspected of Adultery ; which Cyprian would not judge by himself ; but referred it to their Meeting , ibid. § . 48. Having now examined our Author's first Principle , I proceed to the second , which he advanceth , p. 50 , &c. It is , that in every thing relating to the Government of the Church , and her Discipline , the Bishop had a Negative over all the other Church-Governours , within his District : he had the supreme Power of the Keyes . He setteth about the proving of this Point with a high Degree of Confidence : but let not him that putteth on his Armour boast as he that putteth it off . He pretendeth to shew , that Presbyters could not Baptize , nor Administer the Lord's Supper , nor Excommunicate , nor Absolve , nor Make , nor Rescind Ecclesiastical Laws , without the Bishop's Allowance . For a foundation to our Answer to all his Discourse on this Head , I shall re-mind the Reader of a Distinction of Presbyters above-mentioned . They were in Cyprian's time , of three sorts . 1. The Ruling Elders , who were no Preachers , and who with the Bishop , ( or Parish Minister , ) and other Preaching Presbyters , ( if there were any , ) made up the Consistory , by which the Affairs of the Congregation were managed . These , I confess could Administer no Sacrament , neither without , nor with the Bishop's Licence . And for Acts of Ruling in the Church , it is probable enough , that they could do nothing without him who was Praeses in their Meetings , except , may be , in some extraordinary Cases . 2. There were in some Churches , ( especially in great Cities ) some Presbyters who were Ordained to the Work of the Ministry , but had no particular Charge , and were as our Probationers , or Students in Divinity Schools , ( only with this Difference , that ours are not Ordained , ) these might not Baptize , nor Administer the Eucharist , yea , nor Preach without the Allowance of the Bishop , or Parish Minister . And it is so also among us : if some Ordained Ministers happen to live in a Parish , whereof they are not Pastors , ( as sometimes falleth out in great Cities , ) it is disorderly for them to exercise their Ministery within another man's Charge , without his Call or Allowance . These Presbyters , in Cyprian's time , were in somethings , like Evangelists , whom the Bishops imployed , when themselves could not overtake all their Work : and if these be called the Bishop's Curats , ( as our Author doth all Presbyters , ) I shall not much reclaim . These were , as the Sons of the Prophets , bred by the Bishop for the Ministery : of this sort of Presbyters , see P. Baynes Diocesan's Tryal , p. 63. A third sort of Presbyters , were the Ministers of the several Parishes , among whom the Moderator of the Presbytery , or other Church Judicatory , was in a peculiar manner , called the Bishop : and they also often were called Bishops , with respect to their own Parochial Charge . Now , if our Author mean , that a Bishop in a City had such Power over the Presbyters , or Ministers in the Villages , or Places about , that they might not Baptize , &c. without his Allowance , I utterly deny it ; and maintain that every such Presbyter , Minister , or Parochial Bishop , ( by what ever name ye design him , ) had in Cyprian's time , as full Power in his Parish , as the great Bishop had in his , tho' the one was more in esteem than the other . § . 49. I shall now consider his Proofs for what he affirmeth . He beginneth with Baptism , and pretendeth to prove , that Presbyters could not Baptize without the Bishop's Leave . His first Citation is , Cyprian saith , Bishops give the first Baptism to Believers . Which we deny not , if ye understand it of Parish Ministers . But if he mean Bishops in Cities , who were the Praesidents in Presbyteries , we deny that Cyprian asserteth that . His next Testimony is out of Cyprian , Ep. 73. and Firmil . and Fortunatus Bishop of Thurobaris : But it is evident , and he confesseth it , that the Question by them treated , is , whether Presbyters , who by Heresie , or Schism , had departed from the Communion of the Church , might Baptize , and if they they did , whether that Baptism was valid , or the Person was to be again Baptized , and that Baptism esteemed null : And in this we do so far agree with these Fathers , as to think that all the Administrations of such Hereticks , or Schismaticks are irregular , and to be condemned : and that none ought so to separate from the Church , while she keepeth the Way of Truth , and requireth no unlawful Terms of Communion of her Ministers , or other Members . But none of these Fathers , did ever Assert , that in the Church , a sound Presbyter could not Baptize without the Bishop's Leave , within the Limits of his own Charge . That they mean no more than I say , is evident , for they plead , that none can Baptize out of the Church , nor Bind or Loose out of the Church , and they say expresly , that none can Baptize , but they who are Founded in the Evangelical Law : and I hope it will not be denyed , that Ministers of Congregations are Founded on that Law , as well as these of great Cities , who were then called Bishops , because of their Praecedency in Church Meetings . That Bishops are named ▪ in these Reasonings , as having the Power of Baptizing , maketh nothing against us , because all Parish Ministers were so called ; and none without their Allowance ought to intrude on their Charge , in this , or any other Administration : and because the Authority for Baptizing , and other Church Work was Communicated from the Presbytery , by their Praesident , the Bishop : he indeed gave the Power ; but not by his own sole Authority , but by that of the Presbytery . The testimony of Tertullian cometh next : who saith , de Baptismo , cap. 17. the High Priest , who is the Bishop , hath the Power of Baptizing , and after him , ( or in Subordination to him , saith our Author , ) Presbyters and Deacons . A. 1. Tertullian doth not speak of Bishops , as distinct from the Pastors of particular Flocks ; but from Presbyters who had no Charge : if this Author put another meaning on his words , let him prove it . 2. Tertullian a little above , puto autem licuit & tingere , cui licuit praedicare : I hope he will not say , that Tertullian thought , that no Minister might Preach without the Bishop's Leave ; tho' he might think that the unsetled Presbyters , ought to Preach in no man's Charge without his Leave . 3. Tertullian a little below , alloweth Laicks , yea , Women , to Baptize , in case of necessity , without the Bishop's Leave : as he doth in the place cited , the Deacons to do it with the Bishop's Leave , all which I look on as spoken without Warrant . 4. Tertullian groundeth his Discourse on this ; that the honour of the Church requireth , that the Bishop's Allowance should be had ; and on this occasion , condemneth Emulation , as the Mother of Schism : and citeth that place , all things are lawful , but all things are not expedient . From all which it is easie to gather , that he only condemned them who Baptized without Church Authority , which the Bishop , as Mouth of the Presbytery , did Communicat . 5. It is wholly without Warrant that this Learned Author addeth to Tertullian's Words , and in Subordination to him : dehinc ( which is that Father's Word ) doth neither signifie , nor can import so much : all that can be built on it , is a prior Dignity to the Bishop ; in this , and other parts of the Ministerial Work. His last Citation is Ignatius , it is not lawful to Baptize without the Bishop . A. That is , without the Authority of the Presbytery , which the Bishop as their Praeses , conveyeth . § . 50. He Asserteth next , ( p. 52. ) that no Presbyter could Administer the Eucharist within the the Bishop's District , without his Leave , or against his Interdict . To this , what hath already been said , is a full Answer . No Presbyter might do this within the Charge of a Parish Bishop , without his Leave : nor yet in a Presbyterial District , without the Allowance of the Presbytery , given out by their Episcopus Praeses . His Proofs are exactly like the former ; Cyprian ( severely and justly ) lasheth some Schismatical Presbyters , who by themselves , without Cyprian , and without the Presbytery , did Administer the Lord's Supper to some of the Lapsed , who were not duely Reconciled to the Church : I know no Presbytery that would not condemn this , if it were done within their Bounds ; yea , they would think their Authority contemned ; and their Moderator slighted , who should have been Applyed to , to call the Presbytery for Consulting about this : who , with them , should have Authoritatively Determined in this Matter : and this Neglect of the Bishop was in that time , the more conspicuous , that his Praecedency was constant , and known to all ; which was the cause the Bishop is so often named , in these things that concerned not him alone , but the whole Community . It is to the same purpose , which he next alledgeth of Dionysius Bishop of Alexandrià , giving a Command that any Lapsed , in danger of Death , if Supplicating for it , should have the Eucharist . For that may be understood of Dionysius enjoyning this to the unfixed Presbyters of Alexandria , that it should be done within that Parish , whereof Dionysius was Pastor : or of the Presbytery , by Dionysius their Praeses , to be observed within their District . What Ignatius saith , that that is only to be esteemed a firm , and valid Eucharist , which is Celebrated by the Bishop , or by his Authority : this , I say , admitteth of the same Answer ; that none ought to Celebrate that Holy Ordinance in any Congregation , but the Pastor of it , or whom he doth call to do it for him : I might call in Question the Authority of these Epistles of Ignatius which he citeth ; but I will not digress into that Controversie ; sub judice lis est , Theologi certant . There is nothing of any more Weight in his next Citation ; where Cyprian , against the Novatians , declareth that there could be no true Sacrament among them , because they are out of the Church ; and had assumed to themselves an Episcopal Chair , and a Power of Baptizing ▪ and Offering . It is plain that this is meant of them , who had cast off the Churches Authority , that was exercised by her Pastors , ( who are here called Bishops , ) but it no way proveth , that some Pastors of the Church , must depend on one of them , for this Authority . It is tedious to repeat the same thing so often ; in Answer to so many Arguments , which are materially the same . After all these numerous Testimonies , he cometh p. 55. to an Artificial Argument , in which kind of Arguings , he seemeth not to be very formidable ; he supposeth he hath fully proved the Bishop to be the Principle of Vnity ; the Chief Governour , that by Consequence the supreme Power of the Keyes belongeth to him : that he was the visible Head of the Church ; it is highly reasonable on that account , that he should have the chief Power of Dispensing the Sacraments : and that they might not be Dispensed without him . I have already shewed the Weakness of all these Grounds he buildeth upon : and therefore the Consequence built on them , must fall to the ground : we are no less sensible than he is , of the evil of Receiving , and continuing unworthy Persons in the Church ; and that the Governours of the Church must be Judges in this matter ; but we are not yet convinced , that the Bishop by himself , rather than the Community of Church Rulers , are that Judge : and I must take leave to tell him , that ( however it was in the Primitive Times , ) in our Days , the excluding of unworthy Persons , Ministers and others , hath been much more to be observed , where the Church is ruled by a Parity of Presbyters ; than where it is governed by one Prelate . § . 51. This Learned Author , supposing that he had proved the Bishop's Negative in Administration of the Sacraments , hence inferreth his Soveraign Interest in Excommunication , Absolution , Enjoyning Pennance , &c. Which Consequence I shall not contest with him : but I hope the Reader is now satisfied , that he hath not sufficiently established the Antecedent : nor will we yield that Cyprian , or his Contemporaries had , or laid Claim to such a Prerogative . But our Author , tho' he thinketh he might supersede the Proof of his Negative in these other things , yet , because he will give all possible Satisfaction , he undertaketh a Deduction of further Powers in the Person of Cyprian : of which we have a long History , beginning at p. 56. I have nothing to observe on the account he giveth of Cyprian's Conversion , Promotion , ( save what I have observed out of Pontius , of his Promotion to be Presbyter and Bishop simul & semel : but what ever be in that , it hath no great Influence on our Cause , ) the Opposition he met with , his Eminency for Grace and Gifts , the wicked Courses his Enemies took , while , under the Persecution by Decius , he retired from Carthage ; how they got some of the Confessors and Martyrs to Countenance them ; and they upon this , were emboldened by themselves , to Absolve some of the Lapsed . Nothing of this I contradict , except what I now said . He hath run thus far without a Check ; and therefore ariveth at the Confidence to say , p. 58. now consider what followeth , and speak your Conscience , and tell me , if St. Cyprian was not more than either single Presbyter , or Presbyterian Moderator , I shall yield him yet a little more , in what he saith of Cyprian's Meekness and Humility ; of his being alarmed with this Practice , that this was an unparalelled Practice , and that Cyprian did zealously and vigorously oppose it . And for all this I shall speak my Conscience , and shall give Reason for my Light , that Cyprian was no Diocesan Bishop , in our modern sense ; and that he neither had , nor claimed sole Power , nor a Negative , in the Government of the Church ; and that , bating what I yielded in stating the Question , § . 9 , 10. He was no more but a single Presbyter , that is a Parish Minister , or Presbyterian Moderator . And indeed all that he here bringeth , and looketh on as so strongly Argumentative , is already Answered , he having cited all , or most of the places before , which he here quoteth . He bringeth three Epistles of Cyprian to prove his Assertion . § . 52. The first is that to the Confessors and Martyrs : where I find nothing but a sharp Reproof of them for going without their Line : and he blameth those Presbyters who had absolved the Lapsed so disorderly : only what seemeth here to contain an Argument is , that they should have Petitioned the Bishop for restoring of these Lapsed , and not done it without him . The Answer here is easie ; and often before given , that the fault of these turbulent Presbyters was , that they took this Act of Church Power on themselves , without the Presbytery ; whereas the regular way had been to Petition the Bishop , that he might call the Presbytery , and that he with them might cognosce of that Affair . I have laid down sufficient warrant for thus understanding his words , from his declared purpose , founded on Conscience of Duty , to do nothing without the Concurrence of the Presbytery , see § . 12. And it is like , I may after bring yet further Evidence , that his Principles led him to this Conduct : At present , I take notice of that plain Passage , Ep. 15. ad Clerum , speaking of receiving the Lapsed , quaeres ( saith he ) cum omnium nostrum Concilium , & Sententiam spectet , praejudicare ego , & soli mihi rem communem vindicare non audeo . And he desireth that that Affair might be put off ; donec pace nobis à Domino redditâ , in unum convenire , & singulorum causas examinare possumus : if Cyprian seem to my Adversary to speak in pure Prelatical Stile , as he saith , p. 6. He seemeth to me here , to speak in the Stile of a Presbyterian Moderator . Of the same Importance is the next Epistle cited , which was to the Clergy of Carthage , ( he doth not call them his Clergy , as our Author wordeth it ; and if he had , there had been no Argument in it , ) he sharply reproveth ( not the Presbyters in common , as our Author fouly representeth the matter ; for he writeth in a loving Stile to them : but ) some of the Presbyters who had received some of the Lapsed most irregularly ; and that because they had not taken the due course for receiving these Lapsed , which should have been done per impositionem manuum Episcopi & Cleri , not by the Bishops sole Authority . He doth indeed here speak like a Bishop ; that is a faithful Pastor ; but not as a Bishop pretending to sole Jurisdiction ; or a Negative in the Government of the Church . His third Epistle is to the People ; where we have the same Complaint of the Irregularity of the Schismatical Presbyters ; and complaineth that the honour of his Priesthood , and of his Chair , was not reserved to him . This can never evince that Cyprian pretended to a Power to manage that Affair by himself : I see nothing here inconsistent with the Power , or the Stile of the Moderator of a Presbytery , or Pastor of a Congregation : save that the Moderator then , being constant , his part in the management of publick Affairs was more obvious , and therefore more taken notice of . He hath yet a further Citation , wherein Cyprian telleth the Clergy , that they ought to inform him of every thing that happens ; that so I may ( saith he ) Advisedly and Deliberatly , give Orders concerning the Affairs of the Church ; let any one compare this Translation with Cyprian's own words , which are faithfully enough set down by our Author in the Margin : Is limare Consilium to give Order ? It is to polish , and amend his Advice ▪ and make it more exact : he then , in his Retirement , wills them to write often and distinctly to him of all Occurrences , that he , as making such a figure in their Society , might give the more accurate Advice about what was to be done : this is no Prelatical , but a plain Presbyterian Stile . § . 53. On this occasion he is pleased p. 61 , 62. ) to take notice of , and tragically aggravate a Passage in rational Defence of Non-conformity , p. 179. where he thinketh Cyprian is reflected on as shewing too much Zeal in that Cause ( viz. of his Episcopal Authority being neglected ) and that possibly he stretched his Power a little too far , as afterward many did : he was a holy , and meek man ; but such may be a little too high : This he stretcheth his Invention to expose , as contradictory to it self ; injurious to Cyprian , and an uncharitable , or ignorant Sugestion : his more sedate Thoughts after all this Huffiness , may inform him better : That Author as he was not so straitned with his learned Adversaries Arguments , as he imagineth ( they being the very same which now I have examined ) so he was far from speaking Contradictions , nor did he seek to reconcile Pride and Patience , Superciliousness and Self-denyal , Huffiness and Humility , carnal hight and Christian Holiness : He was far from thinking on such ill Qualities with respect to that excellent person : Further than that the best of men have sinful Infirmity mixed with their Graces , and best Gifts . He might know and I shall not charge him with Ignorance in this ) that Sin and Grace are consistent in gradu saltem remissiore : And that tho' it were ridiculous to say , that Moses was the meekest Man on Earth , and yet he was Huffie , and Proud , and Passionate : or that Job was most patient , and yet he was impatient - Notwithstanding it may be said , with our Author's leave ; that neither of these holy Men was so perfect in the grace for which he is commended , as to have nothing of the contrary evil : Further I am of Opinion , that what might be imputed to the excellent Cyprian , was rather the Fault of the Age he lived in , than his personal Fault , there was then a Tendency toward Church-Domination , which did shew it self much more afterward : Tho' I still maintain it was not arrived at that Pitch that this Author imputeth to that time . He spendeth a great many words to prove that Cyprian did not stretch his Power too far in this matter : all which is lost labour ; for that was no otherways imputed to him , than with a possibility ; and on Account of his mentioning his own Episcopal Power more than he did the power of the Presbytery ( which power of the Presbytery he doth yet clearly owne , as I have proved ) This had a shew of Usurpation ; and did in time introduce it : It was the Genius of that age , to have too big thoughts of that Praelation of being primus Presbyter : And the best of men in that time were tinctured with this mistake . Wherefore he might have superceded his proving what Figure the Martyrs then made , I know their Interest went far , as to receiving the lapsed ; yet I still think that they neither pretended to , nor was then ascribed to them , formal Church-Authority . What he largely discourseth , p , 64. of Cyprian's dealing with the disorderly Presbyters , not by Huffing , but by reason and Argument , is as little to our purpose ; in that , he did rationally , and Christianly : Yet in these Reasonings , as he in words , taketh more notice of his Episcopal Authority , than of the Presbytries Power , so upon the matter doth not derogate from the one , nor unduely highten the other : as hath been already shewed . I wonder at the Insinuation that my learned Antagonist maketh , p. 65. as if any had imagined it questionable , whether Cyprian , or the Presbyters that he blameth , were guilty of Vsurpation : They did usurp most intollerably in doing that by themselves , which should have been done by Cyprian and the Presbytery : And it was no Usurpation to reprove , and threaten them with Censure for so doing . The power of the Presbytery was not here questioned ; but the power of particular Presbyters who took the Power of the Presbytry upon them : And therefore the Presbytery who were not guilty , had no Right of their own to defend against Cyprian ; but had just cause to joyn with him against these Usurpers . It is as insignificant , that the seditious Presbyters repented , excused themselves , and desired a Form from Cyprian : For it is ordinary for some to go from one Extreme to another . Besides that seeking a Form from him was to ask it from him , and the Presbytery , not from him alone . That these Presbyters were generally condemned for their factious Practices , I think none doubteth , and it is to little purpose to prove it so laboriously as our Author doth . § . 54. Yet because in his Proofs of it some things are interspersed which may look like Arguments against what I plead for , I shall make some Observes on this Discourse . He giveth us account of Cyprian's writing to the Presbytery at Rome , they having then no Bishop . This I hope is a Token that Cyprian thought not that all Church Power at Rome dyed with the Bishop ; but that Presbyters are Church Rulers , and not the Bishop only : In the return that the Presbytery at Rome , made to Cyprian , he fancieth that he findeth some Arguments for Episcopal sole Power : which I shall a little consider : He saith they ascribe to him a supreme and unaccountable Power : I find no words that can be so constructed in either of the two Epistles that they write to him on that Subject ; but on the contrary , they seem to insinuate a Parity with him , while they frequently call him Frater . It would be thought great sauciness , in our days , for Presbyters to write in that Stile to so great a Bishop as Cyprian was esteemed to have been , by our Prelats . Next , they compare him to the Master of a Ship ; who doeth not act in parity with the other Sea-men ; A. omne simile claudicat . a Moderator of a Presbytery may be so compared , as having a main hand in the Conduct of Affairs . Again the words of that Epistle import no more than making Cyprian the Steersman : who tho' he be at the Helm , and the Safety of the Ship dependeth much on his Skill and Management , yet he is not always the Commander of the Ship ; and the Safety of the Ship should yet more depend on the Steersman , if he were fixed , and always so imployed ; as Cyprian was in the Ecclesiastical Ship at Carthage . He saith , that the Roman Clergy tell Cyprian ( and pray take notice of it , saith he ) that they could determine nothing in that matter , wanting a Bishop . This is a Misrepresentation : for they tell their Mind plainly in the first of their two Epistles to Cyprian ; that he did well in repressing that Insolency of some Presbyters ; that the lapsed should not be suddenly received , and give the Reason , recens est hoc lapsorum vulnus , & adhuc in tumorem plaga consurgens ; & idcirco certi sumus , quod spatio productioris temporis , impetu isto consenescente , amabunt hoc ipsum ad fidelem se delatos medicinam . And in the second Epistle they add another Reason why it was fit to delay that Affair of of censuring the lapsed , because they wanted a Bishop , not because the Bishop was to be the sole Judge in that matter ; but because the Bishop was he , qui omnia ista moderetur ( these are their own words ) he was to preside in that Affair . Seing then there was another reason for delaying , even where there was a Bishop , as in Carthage , it was a superadded reason why at Rome it should be delayed , the Presbyterie being incomplete , by the want of a significant Member . If it be said , could they not choose a Moderator ? Answ . That Office through custom being then fixed , and the Honour and Revenue that belonged to it being so considerable , it was not easie to get it done of a sudden ; and the iniquity of that time of Persecution did add to the difficulty , as themselves express it ; Nondum enim Episcopus , propter rerum & temporum difficultates constitutus . Our Author vitiareth their words , when he maketh them say , who onely could define , &c. There is no such words in this Epistle : it is said indeed of the Bishop , eorum qui lapsi sunt possit cum authoritate & consilio habere rationem . But that saith nothing of sole Authority , but such as was to be acted in the Presbytery , and with their concurrence . § . 55. He observeth likewise , that they commend Cyprian , that he did not determine in that matter by himself alone ; but took the advice of many : and this they impute not to the incompetency of his Authority for it ; but to his condescendence . Ans . He doth wholly mistake this Matter , for the Roman Clergy , in their Letter to Cyprian , do not at all take notice of what he did , or might do , with respect to his own District , nor his advising with his own Presbytery ; but that he had taken the advice , in such a weighty case , of general concernment , of other Bishops , and of the Clergy at Rome , And it is certain , that he , with the Presbytery at Carthage , might have determined in this Matter with respect to themselves ; and it was Prudence , and not want of Power , that made him advise with others . He bringeth another Testimony to the plenitude of Episcopal Power , from an Epistle from the Clergy of Rome , while they wanted a Bishop , to the Clergy of Carthage , when their Bishop was in his retirement : in which case , saith he , they had the best occasion of speaking their mind freely , of the power of Presbyters , and the usurpation of Bishops : in this Epistle he fancieth that he findeth Arguments for Episcopal sole Power : as first , they say , of themselves , and these at Carthage , that they were only seemingly the Governours of these respective Churches ; and only keep the Flock instead of the respective Pastors , the Bishops . I had occasion to consider this Passage before , I blame his want of Wisdom , that seing he is pleased to give us this Translation of this Passage , he hath yet set down the Latine in the Margine : out of which one may easily discover his Error , without turning to the Epistle it self : It is a strange Translation , Videmur Praepositi , that is , we only seem to be Governours . I am sure , the Marginal Notes on this Epistle saith , they were Pastores constituti . And Pamelius from this Passage argueth for the Authority of the Church of Rome over other Churches ; and he that animadverteth on Pamelius saith , Clerus Romanus Carthaginensem agnoscit , quemadmodum & alios aliarum Ecclesiarum pastores , esse Christiani gregi praepositos : wherefore videmur must rather signifie certainty than doubting , in this place ; it appeareth not only to our selves , but to all , we are acknowledged for such . And that they did not mean by vice Pastoris , a vicarious Power delegated from the Bishop , is manifest , for the Bishop was dead , and we find no Power he left them ▪ neither could he do it . Yea it is evident that they lookt on a Power residing in themselves , of which they were to give an account : si negligentes inveniamur — quoniam perditum non requisivimus , &c. What is said of the lapsed continuing in their Penitency , that they might obtain Indulgence from them who can give it : the Word being ab eo qui potest praestare . It might be understood of Pardon from Christ , on their sincere Repentance , seing he alone can make Indulgence effectual : but if that seem strained , the Bishop with the Presbytery , not by himself , may fitly here be understood . He doth again , pag. 69. misrepresent the Question , in these Words , Let any man judge whether St. Cyprian or his presuming Presbyters had taken too much on them at Carthage : But this mistake I noted before . Another Argument he bringeth , is from some Martyrs and Confessors , in an Epistle to Cyprian , commending him for his conduct in opposing and censuring these Presbyters . I also commend him for it : Ergo I think he had sole Power to manage that Affair : the consequence is naught . He haleth in another Argument into this Discourse : these Martyrs and Confessors desire , that Cyprian being so glorious a Bishop , would pray for them : which they would not have done had they thought him a proud aspiring Prelat , that is a Limb of Antichrist , as this Author would fain give him out to have been : It is an injurious Calumny : I never said , nor thought so : and no man can Wire-draw my words ( with any sense or reason ) to that meaning . I esteem Cyprian's Grace , Virtues , and Learning as much as he doth : and do judge that his Prayers , while he was on Earth , were worth asking : and that he was a glorious Bishop ; but all this will not infer his sole Power , nor his negative . — Cyprian ' s excommunicating these Presbyters , and that fact being approven by others , is not argumentative , unless he can prove that this Cyprian did by himself , without the Presbytery . He next bringeth the Canons of the Apostles ( the insufficiency of which Authority I have above-shewed . ) And Ignatius , that nothing should be done without the Bishop , nor in opposition to him : And that the Bishop should be honoured . All this is sufficiently Answered above . When a Bishop that is any Minister of the Gospel , acteth in his Sphere , and keepeth to the Rule the Word of God , to oppose him , to depart from him , not to honour him , is highly sinful . But I am sure Cyprian nor Ignatius never meant to enjoin absolute & illimited obedience to a Bishop , nor any man else . As for doing nothing without the Bishop , we grant that they who are under a Ministers charge , Prebyters or others , should act nothing in the Consistory without him ; but this also must suffer a limitation ; if he should prove so perverse as to oppose , and hinder every thing that is good , or what is necessary to be done ; I do not think that Ignatius would blame the Presbyters for acting without him : otherwise there were no remedy but the Church must be ruined . If it be said , in that case they should complain . To whom must this Complaint be made : for a Bishop hath no Superior on Earth ; if we believe this Author . § . 56. The last of his three Principles , which he advanceth p. 72. is , that . all the Church-Governours within his District , Presbyters as well as others , were in St. Cyprian ' s time , subject to the Bishops Authority , and obnoxious to his Discipline . This Principle and all that he saith for establishing of it , we might safely yield , without any hazard to our Cause : for we always maintained , that a Bishop , considered as a Paroch Minister , hath Authority over the Ruling-Elders , and the unfixed Preaching-Presbyters , if any be within his Parish ; also considered as Moderator of the Presbytry , he is still a Minister , and hath Rule over all the Ministers , and People and Elders within the District , over which that Presbytery hath the oversight : but our Question is , whether he , by himself , hath the sole Authority ; or he , as a Member of the Consistory , or Presbytery , hath a share in that Authority which resideth in that Body , or Community . This last we grant : the former we deny . His Proofs can never reach the conclusion that we deny : the first of which is , that Cyprian saith , that our Lord chose Apostles , that is Bishops and Governours ( where by the way Note , that Cyprian owneth other Church-Governours , beside Bishops , and therefore they have not the sole Authority ) and the Apostles chose Deacons to be the Bishops and Churches Ministers . Any body may see that this doth concern all Church-Rulers , not sole Power in the Bishop . Next he telleth us that Cyprian called Fabianus Superior , with respect to the Roman-Clergy : which is a mistake : He calleth him simply Praepositus ( which as I have above-shewed , was a Title given to Bishops & Presbyters ) and if he had not called him their Praepositus , that doth not import sole Power . In an Epistle to Rogatianus , Cyprian insinuateth that he was Ruler of the Church , ergo he had sole Power : it is a ●●lish consequence : this may be said of every Elder of the Church . He is scarce of Arguments when he is forced to falsifie Cyprian's words : qui in Ecclesia Praesidemus : he translateth , who have the chief Power in the Church ; beside that it is easie to distinguish between chief Power , and sole Power ; to which all are subject . Also Praesumus he turneth govern the Church . That the Bishop is said to be one , and set over the Church , may well agree either to a Parish-Minister , or the Moderator of a Presbytery , who was called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . His next Essay is from the Bishop's calling the Clergy his Clergy ; for which he is at pains to cite many places . If this were constantly done ( which was not ) what doth it signifie : that manner of speaking is as common among Presbyterians , as it was in Cyprian's time : and it signifieth no more but Elders of the Church , whereof Cyprian was Pastor ; as the Elders of any Parish are called the Elders of such a Minister : and Elders usually call their Minister our Minister . It is a frivolous Question , by what Rule of Grammer , Rhetorick , Logick or Politick could he be so called if he had no Power or Jurisdiction over them . A. There is no Rule in any of these Faculties against it : tho' he have no sole Power ; If he have a share of the Power that the whole hath over every one , and have the Conduct in managing that Power , by being their Moderator . § . 57. He will let all this pass for a mere Praelusion , not being scant of Arguments . Wherefore we must now expect what is more pungent : that is , the three Principles he had before proved so fully , viz. The Bishop being the principle of Vnity ; having supreme power : being the same with the High-Priest under the Old Testament , do prove this Point . To this formidable Argument I oppone what hath been discoursed on these Heads : I leave the Reader to judge whether he hath fully proved these , or I have fully overturned them : Next he argueth from Cyprian's saying he could by his Episcopal power , Depose or Excommunicate a Deacon who had rebelled against him , and praising another Bishop for so acting , yea I shal allow him what he after faith , that this power extended also to censuring of Elders : Do not our Moderators usually so practise when there is cause : but not by theit sole Power , but with the Consistory , or Presbytery . We Presbyterians may tremble at his next Blow : For he saith , he will leave his Reader no imaginable scruple . But these big words dwindle away into this feeble Argument ; that Cyprian might have censured Felicissimus and some with him , who first opposed his Promotion , and after he had taken them into favour , apted disorderly in receiving some of the lapsed , without the Praeses , and the Presbytery : of this case before : it is wholly insignificant here , unless he can prove , that Cyprian might do this by himself , without the Presbytery : which himself disowneth , as I shewed above : All that followeth ( which is a Repetition of what he hath often alledged having little to say , when he braggeth of Superabundance ) is already plainly answered . He is run a little weak ; but he reinforceth his Arguments with Confidence and Repetitions . § . 58. Hitherto he hath set forth his Cyprianick Bishop in his Majesty , Absolute and sole Power , &c. In his own particular Church ; p. 78. he giveth us account of him , as he stood related to the Catholick Church : and here he expecteth matter enough for another Demonstration : which is a big Word in Disputation . We shall here also , by Divine Assistance , try his Strength ; and tho' we will not brag of Demonstrations ; yet shall endeavour to bring what Light and Strength the subject doth afford . His long Discourse about the Colledge of Bishops , I have read with Attention ; and considered with what Application I am capable of , but cannot find his Demonstrations in it : yea cannot see wherein it is conducive to prove his point : only some Hints he hath interspersed that seem to have somewhat of Argument , which I shall consider , after I have taken a general View of the whole . He observeth that all Bishops were Collegues , and made up one Colledge . Next that this Colledge was the principle of Vnity to the Catholick Church . Thirdly , that the grand Concern of the Episcopal Colledge was to preserve and maintain the one Communion ; which together with one Faith , made them capable to be the principle of Vnity to the Catholick Church : and that this was their work he proveth first , they thought themselves bound to maintain Peace . 2. Every Bishop was a Member of this Colledge ; and therefore great care was taken about their promotion . 3. He being promoted sent communicatory ▪ Letters to other Bishops , giving account of his Promotion . 4. If there was any Debate whether his Promotion was Canonical , the rest of the Bishops enquired into it . 5. If he turned Heretick , or Schismatick , he was turned out . 6. While he kept the Faith and Vnity of the Church , he was encouraged , Consulted , Corresponded with , &c. 7. While he continued a sound Member of the Colledge , all Letters concerning the Peace and Vnity of the Church , were directed to him . Lastly , p. 87. he observeth ( cum nota ) resist this Evidence saith he , if ye can ) that every Heretical , or Schismatical Bishop , with all that retained to him , was ipso facto out of the Church : At last , p. 88. He thinketh he hath another Demonstration against my Notion of a Bishop in Cyprian's time : For how could a single Presbyter , or Presbyterian Moderator , have born such a part in relation to the Catholick Church , and her Vnity and Communion . § . 59. I must Examine the Strength of this long Demonstration ; and what he addeth to fortifie it : and then shall return to take notice of what he intermixeth in the several parts of it , in which our Debate may be concerned : For Answer then to this Argument , as it standeth . I deny the Assumption , viz. That what he hath here asserted cannot agree to a single Presbyter , or presbyterian Moderator . His three Assertions do well agree to every Presbyter ; that is , Pastor of a Congregation : He is a Collegue to all Bishops , that is such Pastors . The meeting of such ( either by their Delegats ; or if they could all come together ) is as capable to be the principle of Unity to a Provincial , or National Church , yea , to the Universal Church , as if so many Diocesans should meet . It is as much the concern of these Presbyters , or Parish Bishops ( and I hope they do as much mind it ) to maintain one Faith and one Communion . Doth he think that our Ministers do not think themselves bound to maintain Peace : Or 2. That there is litle care taken about their promotion or giving them charge of the people , and admitting them to a share of the Government . 3. Tho' it be not our custom to send communicatory Letters of our settlement in a Charge ; yet every Presbytery notifieth to the neighbouring Presbyteries the Name of him who is to be fixed in a Charge : that they may have opportunity to object : and the Names of all who are ordained , are recorded . 4. If a Presbytery ordain any person unduely , or if there be Competition , the superior Judicatories enquire into it . 5. We also turn out , not only Heretical and Schismatical Ministers ; but them also who are scandalous in their Conversation , or supinely negligent in their Ministerial Work. 6. We also encourage and admit to the Government , them that do well . 7. Letters that concern a particular Congregation ; are , with us , directed to the Minister : these concerning the Presbytery , to the Moderator : we also cast out bad Ministers , and such as adhere to them ; if the Cause be weighty : but we use moderation to the people who are led away by Schismatical Ministers , when their Separation is founded on lesser mistake : & if in this we differ from the Cyprianick Age , his Party should not blame us ; having tasted so much of our lenity . Let it then be considered how impertinent this whole Discourse is , and how insufficient to prove the Episcopacy of the Cyprianick-Age that he pleadeth for . § . 60. He useth several enforcements of this Argument , p. 88 , & 89. which I shall briefly consider . 1. The Colledge of Bishops are still considered as Church-Governours notoriously distinguished from Presbyters . Answ . This distinction lay in the dignity that the declensions of that time from Apostolick simplicity gave them : not in any Power that they had which Presbyters had not . 2. A Presbyter was never called a Bishops Collegue . Answ . If this were granted , such a negative Argument , and that drawn from words , and ways of speaking ( which doth often vary ) is not very concludent . I have shewed that the same Power is ascribed to them , see ▪ § . 62. where the contrary of what he asserteth is shewed . 3. We have no Vestige of a Presbyterian Moderator in these times . Answ . There was then a Moderator , who was called the Bishop ; who presided in their Meetings : tho' there was no such changing of the Moderator as is among us : that I have yielded : but the fixedness of the Moderator , and the parity of the Power are consistent : tho' I deny not that the one made way for destroying the other ; as After-ages did shew . 4. Our Author repeateth all the Acts of , and concerning Bishops , that he had insisted on , and affirmeth that they could not consist with a single Presbyter , or Moderator , which I have above-denyed , and made the contrary evident . That he calleth all the Acts of Government and Discipline his ( the Bishops ) and his alone ; is to beg the Question , for we deny it , and he should prove it . § . 61. I must now return to p. 78 , and glean some Passages , which I was obliged to overlook , that I might have this long Argument ( stretching from thence to p. 90. ) intirely in view , and give a general Answer to it . He maketh the Bishop the Principle of Vnity to a particular Church , and the Colledge of Bishops the Principle of Vnity to the Catholick Church ; and Christ the Principle of Vnity to that Colledge . And addeth , I hope not being a Romanist , you will not require that I should prove the highest Step of this Gradation . Here I observe first , the Discourse is about a visible Head , or Principle of Vnity to the Church ; which cannot be ascribed to Christ . Wherefore this is wholly impertinent ; or , if it have any sense , it tendeth to make his Reader a Romanist , whom he supposeth not to be one already . For if the particular and Catholick Church , have a visible Principle of Vnity ; and that which he maketh to be the Vniting Principle , have nothing that is visible to make them one among themselves , they who can receive his Doctrine about a Principle of Vnity , will see a necessity of a Pope to unite the Bishops , as much as of a Bishop to unite the Presbyters . 2. If Christ be the Vniting Principle of the Colledge of Bishops , why doth he not serve for the same use to Presbyters , yea , to all Christians . And indeed he is the real Vniting Principle to all ; they only are in the Union of the Church , who cleave to his Doctrine , and observe his Laws ; even tho' they separate from the Bishop who departeth out of that Way . 3. I desire to know of him , why he thinketh the Romanists will put him to prove the highest Step of this Gradation , more than Protestants will ? Doth any of them deny Christ to be the Principle of Vnity to the Church ? They only make the Pope his Vicar in this , because they think such an one is needful in the Church , who is visibly Conversant among men : and doth not our Author suppose the same necessity of such a visible Uniter till he come to the Colledge of Bishops , and he leaveth them Headless , that is , without a visible Head. Where it may be rationally concluded that this Doctrine is either Popish or palpably absurd . The next thing I notice is , p. 79. he saith all Christians hold one Faith to be necessary to the Vnity of the Church ; but in Cyprian's time one Communion was thought as indispensible : they held there is but one Church , and that this could not be without one Communion . If by one Communion , he mean ( for he walketh in a Cloud in this Matter , whether of Design or not , I know not , ) that Communion of Saints which is an Article of the Creed ; which consisteth in Union of them all with Christ , and Unity in Faith and Love , &c. I acknowledge the necessity of it , but I know not what respect it hath to Episcopacy , more than Presbytery . If he mean Local Communion , it is impossible either in the Catholick Church , or in the Diocess of a modern Bishop . If he mean Communion by having the same Ceremonies and Government in the Church . Tho' I confess that is desireable , and by all good means should be endeavoured : ( for we should have no Ceremonies , but these which are of Divine Institution , and the one Church Government that he hath appointed , should be every where exercised , ) yet there may be one Church , where this Communion is not : and if the Cyprianick Age was somewhat too strick in this Matter , it was their Mistake , ( of which above , ) but it is no Proof of Episcopacy , ( in the sense of our Debate , ) to have been in that Age. And indeed , if our Author maintain this Principle , he will ( consequentially to it ) Unchurch most of the Reformed Churches , as the Papists do them all on the same score : if by this one Communion he mean , that all Christians must be United to some one Bishop or other , which Bishops agree among themselves , and have Communion in the Episcopal Colledge ; he will find hard to prove that Cyprian taught so . Yea , then there is no Communion in the Church , without an oecumenick Council of Bishops , which we have litle hope to see : and many doubt that the World did ever see it : tho' there have been Councils so called ; because in them were represented all the Churches of the Empire . Further , if this was the Opinion of Cyprian's time , how will he prove that these Bishops in whom Churches were to be United , were any more than Parish Ministers , and that the one Communion of that time , was more than that every Christian must be the Member of one Church , where Christ's Ordinances are dispensed by a Bishop , that is , a Minister of the Gospel . § . 62. Tho' I am not concerned to question the Practice of Bishops sending their Communicatory Letters , to signifie that they were promoted . Yet I see no sufficient Proof of it from the two or three Instances that he bringeth . It must be either a Law , or a great Train of Instances , in many several Nations , in greater and lesser Churches , and under diverse Circumstances and Cases of these Churches` that will bear the weight of so universal a Conclusion . But I pass this : for it doth not much concern our main Question . He will find it also hard to prove , that these Letters were sent to all other Bishops , ( as he affirmeth , p. 80. ) that had been a Work of no small Labour : I suppose they did thus correspond with some next adjacent Bishops , or who were of special note ; which we also do , as I shewed before . That there were Metropolitans in Cyprian's time , he asserteth ; and I deny it not . But they were but Moderators of the greater Meetings , ( as the Bishops were of lesser ones , ) of the Parochial Ministers and Elders : as also were the Primats , and in Affrick especially , the eldest Bishop or Minister , had this Dignity : but it was Praecedency , and Dignity , wherein they were above their Brethren , not Power and Authority , but this our Author toucheth but transiently ; and so I shall not insist on it : only I ask him ; how do Metropolitans , in our modern sense , agree with his Opinion that every Bishop was supreme , and had no Ecclesiastical Superior on Earth : See § . 9. p. 82. where he is Discoursing of purging out a Heretical Bishop ; his thoughts seem to run somewhat muddy . He saith the Colledge of Bishops might do ( to him ) the equivalent of a formal Deposition ; they could refuse him their Communion , and thereby exclude him from their Episcopal Colledge : and they could oblige all the Christians within his District to abandon him . And because he saw that his former Assertion of the supreme Power of a Bishop , and his having no Ecclesiastical Superior , would be objected ; he saith no Bishop was superior to another in point of Power and Jurisdiction . How to make all this hang together , is not easie to know . 1. To wreath the yoke of the Bishop's Domination on the Church , he establisheth Independency among Bishops : whereas no Reason can be given , why Parishes should not be Independent on one another , as well as Provinces . I look on both these sorts of Independency , as contrary to the Unity of the Church ; and on Subordination , as of Natural and Divine Right . 2. If the Colledge of Bishops had not formal Power to depose a Heretical Bishop : by what Authority could they oblige the Christians to abandon him , and to choose another : if he say , the Fundamental Law of sound Faith and Unity ; or as he speaketh , of one Faith , and one Communion , obliged the Christians to this . A. That is antecedent to the interposing of the Authority of the Episcopal Colledge , and they were obliged to it , tho' there were no such Colledge . 3. That no Bishop hath Power over another Bishop , is no more than we say of Presbyters . But it is strange that the Community of Bishops , hath not formal and direct Power over every one of their own number ; both with respect to his Communion with them ; and with respect to his particular Charge ; that maketh a wider door both for Heresie and Schism , and for Peoples Beeing , without remedy , under the Plague of bad Ministers , than any thing that Parity can be charged with . 4. The People are here left Judges of the Bishop's Haeresie , and other Incapacitating ill Qualities ; and so to determine whether they will leave him or not : the Colledge of Bishops can do no more but inform them , and tell them what they are obliged by the Laws of one Faith , and one Communion to do . 5. What if the Bishop will not leave his Charge , nor the People abandon him , hath Christ left no Ordinance in his Church , as a Remedy of this Case ? The Colledge of Bishops cannot excommunicat him , nor them : that were to exercise formal Authority over him or them : if they then , will not yield to the Colledges Information or Advice , they may go on in their way without further Controlement . Thus we see that men will venture to ruine the Soundness , Peace , and Purity of the Church , that they may establish a Lordly Prelacy over the People of God. What he insisteth so much on , p. 86 , 87. about directing publick Letters to the Bishops , and their being signed by them : is not worth our notice . We also count it regular for our Moderators to be so treated : but there was some peculiar Reason , why it was so punctually observed in that Age , because the Praeses of their Meeting was fixed , and it was Interpretatively a Degrading of him , or questioning his Title , to do otherwise : but this importeth no superior Jurisdiction . He telleth , p. 87. that every Haeretical , or Schismatical Bishop , and all who adhered to him , were ipso facto , out of the Church . This I do not believe , for how shall a man be known to be Haeretical , till he were tryed and judged ? His Proofs amount to no more , but that such were dealt with as out of the Church ; and may be the manner of Process against them , is not mentioned : but such a negative Argument , will not prove that no more was done to cast them out : if that be the Episcopal course of Censure , wee intend not to follow it : and if that were the way in the Cyprianick Age , it maketh its Example less Venerable and Argumentative , but it saith nothing for the Bishop's sole Power : he saith p. 89. that a Bishop never called a Presbyter his Collegue . A. If it be understood of Presbyters without a Charge , there is Reason for it : he had no joynt Charge of the Congregation , we use the same way of Appellation . But if it be meant of a Moderator , with respect to the other Brethren ; I answer we find Presbyters calling the Bishop Brother ; as was noted before : Yea , Concil . Carthag . 4. Canon . 35. it is Decreed , that tho' a Bishop in consessu Presbyterorum sublimior sedeat , intra domum Collegam se Presbyterorum cognoscat . This , its true , was a litle after Cyprian's time : but it was when Church-Domination was rather growing than decreasing . § . 63. His strength is now far spent , when in the end of his Book , he wasteth so many words to set off an Argument , which is fitter to be smiled at , than laboriously answered . It is that the Christian Bishops in Cypria ' s time , made such a Figure in the Church , that they were the Chief Butt of the Malice of Persecutors : others might live in Peace at Home , when they were forced to Flee . And he is at pains to prove this , which I think was never questioned in any Age of the Church . Their Station made them conspicuous , ( for I deny not they were above Presbyters in Dignity , ) their Parts ( some of them ) made them to be jealoused : their Zeal for God , made them hateful to the Promoters of Satan's Kingdom . But all this can never prove that they had the sole Government of the Church ; nor that they had Jurisdiction over Presbyters , who were fixed in the Church , to oversee any part of it . Many Presbyters , Deacons , yea private Christians , who were eminent for Ability to confound the Adversary : for Zeal and Holiness ; or for their Station in the World , were persecuted as well as their Bishops . That this is neither strange , nor concludent of Episcopal Power , is evident ( not to fetch an Instance from far , ) in the late Episcopal Persecution among our selves : the Ministers were mainly Hunted , Intercommuned , Imprisoned , forced to Hide or Flee : and the more eminent or zealous they were , the harder it went with them : yea , some who were freer than many others , of what was thought Sedition , Disorder , or Rebellion , yet were hardly used , for the Hurt that it was thought they might do to that which was the great Diana of the Ascendent Party . And yet all this will not prove that they had , or pretended to , or were thought to have Jurisdiction over their Brethren . I do therefore deny the Consequence , the Bishops ( some of them for I will not say it was the Lot of them all ) were mainly persecuted ; Ergo , they and not the Presbyters had the Authority in Governing the Church . If Decius had such a dread of a Bishop being setled in Rome , that he would more patiently have endured a Prince to rivall it with him for the Empire : I am sure he had not so much Cause as his Successors had ; from the Successors of that Bishop : Of no more Force is his Argument drawn from Galienus directing his Edict to the Bishops , when he stopt the Persecution : For we deny not that they had an eminent Station in the Church , and had a chief Hand in the Direction of her Affairs , whether ye consider them as Parish-Pastors , as they all were ; or Moderators in greater Church-meetings , as some of them were . I have ( as he willeth his Reader to do ) considered and weighed his Arguments without partiality , and in the Ballance of Justice : But am not yet convinced , that the Schisme that is in the Church is chargeable on us ; but on his Party . Let the Reader judge whether of us have best grounds for our Opinion . § . 64. He concludeth with making excuse , from the bulk of his Book , that he doth not ( as he first intended ) prove Episcopal Praeemenencie to be of divine Right , as being Christ's Ordinance , and handed down to us from the Apostles in the constant Practice of the Vniversal Church . This is the constant Cant of that Party ; but I have met with none who was able to evince this tho' the learnedest among them ; and not a few of them , have essayed it . If this Author shall think fit to make another Effort , as he declareth himself ready to do , if commanded by him to whom he writs this long Epistle ) and if he bring any thing new ; and not fully answered already : I doubt not but his Arguments will be examined to better purpose , than what is , or can be done , by such a mean hand as mine is . APPENDIX . AFter the former Sheets were almost Printed , I met with two Books at the same time , which I had not before seen : the one called the Fundamental Charter of Presbytry , &c. with a Preface of 167 Pages , by a nameless Author : the other an Inquiry into the new Opinions ( chiefly ) propagated by the Presbyterians in Scotland ; with some Animadversions on the Defence of the Vindications of the Kirk : by A. M. D. D. This latter Book seemeth to have more of Argument than some others which I have seen from some Scots Episcopalians , if not from the same Hand : I have much desired that our Debates might run in that more pure Channel ; and rejoice to see any hopes of it . I am sorry that now I have no time from necessary , urgent , and daily work , to consider this Book so as to Answer it , if I shall not be Proselyted by it . I intend to try it's strength as soon as I shall have leasure , if the LORD give Life and Health ; and if it shall not be sooner Answered by some other Hand ; which I do much wish . § . 2. The former of these two Books is expresly levelled against an Act of the Parliament of this Nation ; and is a direct Refutation of it : and therefore the Examination of it is out of my Road ; and is most fit for such as are conversant in the Affairs of State , and know the Politick which moved the Parliament so to contrive their Act. I do judge that he who shall undertake it will find no hard task . Beside , the Presbyterian Ministers did never look on the Inclinations of the People ( which that Act mentioneth in it's narrative ) as the fundamental Charter of Presbytry ; however the Parliament might wisely consider it in their Consultation and Determining , and mention it rather than what did more sway some of them . We always did , and do , found the Government of the Church by Parity , on Divine Institution ; and look on Prelacy as contrary to Christ's appointment . § . 3. What I now undertake is , a transient view ( such as the Press hastening to an end of the former Discourse , will allow ) of his Preface : which I hope may be lookt on as a due Refutation of it : nor can I imagine that any judicious and unbyassed man will judge , that such a parcel of Stuff , deserveth a laborious ▪ Examination : he hath need of a hardened Nose who can insist long in an exact Anatomatical Scrutiny into such a rotten Carion . The Author hath out-done his Brethren ( yea , and himself too ) in Billingsgate-Rhetorick : he seemeth to be eminently gifted that way ; to the silencing of who ever will oppose him ; as some learned acute men have quickly had their Mouths stopt when the Tongues of some of these good Women have been let loose against them . I had rather own in my self all the dulness that he is pleased to impute to the man whom he designeth to expose , than enter the Lists with him at that Weapon : and I do freely confess I am not qualified for it ; and if I were , I should think it unsutable to my Character ( however mean ) and inconsistent with a good Conscience . Such impotency of Mind , and such injurious Defamation , is not well consistent with Christianity ; nor is sutable to that Learning that is required in them who write Polemick Divinity : for , Scolding is no Scholarship . If his Adversary was weak , he should have knockt him down with strong Arguments ; not bespattered him with dirty Revileings : the one would have ruined his Cause , the other but bedawb'd his Person ; and it may be easily wiped off . If the Cause which my Adversary owneth , need this Conduct , it is weak , and not worth contending for : if not ; they who do so manage it are no credit to it . § . 4. I refer the Reader who would have a view of this Author's Qualities more truly than he Characterizeth other men , to the Bishop of Sarum ' s Vindication : where , if he be not aimed at , he is very plainly chastised in Effigie : for G. B. & G. R. seem to have been stung with the same kind of Serpent ; if not the same individual . He had dealt more wisely , if he had not convinced the Reader , by this management , of the very same ill Qualities in himself , that he so frankly attributeth to another . I am sure he hath shewed litle Wisdom in bringing Instances to prove his confident Assertions : had he contented himself with bold Saying , and quibling Insinuations , of what he thinketh fit to load one with ; some who know neither him , nor the person who is the Butt of his Malice , might have believed some part of what he alledgeth ( they who know that person , however they cannot but see many Infirmities in him , have other thoughts of him ; and indeed better than ever he could deserve : and they who know this Author will judge that his Tongue , nor Pen , is no Slander . ) But now his Proofs are so exceedingly unsuted to what they are brought for , that a litle attention may serve to improve them as Weapons against himself , and as Evidences of these things in himself which he designeth by them to fasten on another . I perceive he hath been at pains to read all that hath been written by G. R. on several occasions ; and what he thinketh fit to ascribe to him ; to see what he could pick up in these Papers wherewith he might reproach the Author : in which also he hath ( innocently and without design ) done him a Kindness : for if so critical an Eye could find no more to try his Skill upon in all these Writings , it is like there are many things in them which he could not Blame : for , exceptio firmat Regulam in non exceptis . It is a wonder if such a person as he exposeth could say so much to any purpose . § . 4. I shall not insist on his civility to the Parliament , and their Act ; nor his modest Reflexion on himself ; nor his great care exprest to sute his Discourse to the English-Nation , even in the Words and Phrases : nor on the account he giveth of the helps he used . Only I take notice how much pains he is at to prove ( through 14 Pages ) that the Book commonly called Knox's History was not written by John Knox : I know none , who is much conversant in our Scots Affairs , who is contrary to him in this : and if G. R. was so absurd as to cite that Book under the Name by which it is commonly called ; if it hence follow that he thought John Knox was the Author , let him pass for as ignorant as our Author will have him to be : if this be no good consequence , I hope it is no great evidence of this Author's Learning so to infer . That John Knox did not compose that Book , ( tho' much of the Materials of it was taken from his Manuscripts ) hath been held by Presbyterian Brethren , before this Author went to School : neither do I know any of them who are earnest to have it believed that he wrote it : yea , this Author himself citeth it always under the Name of John Knox ; as he confesseth : and why might not another do so too , without debating about the true Author of it ; which had been a needless digression from his Purpose . § . 6. After he has disgorged a great deal of Gall against G. R. and declined him for an Antagonist ( who hath the same aversion from entering the Lists with him , unless he deal more like a Christian , and a Disputant ) we might ( but it is in vain ) expect he should be more composed : his Bile overfloweth through all his Sheets . He mentioneth some Passages in my Writings that he will not insist on ; only noteth them with a Nigrum Theta , as proofs of my unquestionable ignorance : they are , that I hold Ruling-Elders , who are no Preachers , to be of Divine Institution ; that the Fathers , and Scripture also , owne them under the Name of Bishops . That Patronages came not in till the seventh or eight Century , or later : ( where his own ignorance , or somewhat else , appeareth ; the word is , they were not setled till then : it is well-known , that many Usages crept into the Church long before they were setled , either by Law , or universal Practice . ) That , most , and the most eminent of the Prelatists acknowledge , that by Christ's appointment , and according to the Practices of the first Ages of the Church , she ought to be , and was govern'd in common by Ministers acting in Parity , ( which is a gross Misrepresentation ; for that is said of Christ's equally intrusting all his Ministers with Power of Preaching and Governing : which is asserted and fully proved by the learned Stillingfleet in his Irenicum : and what followeth is that Author 's own Words , not attributed to Christs appointment as unalterable , nor to the practice of the Church . Yet I shall not decline debating of both these with him ( tho' I say not they are the Opinion of Prelatists ) That Diocesan Episcopacy was not setled in Cyprian ' s time , &c. ( What Ignorance is in this , is to be judged by the foregoing Book , That the Decretal Epistles of Anacletus are genuine , is neither asserted nor supposed , nor is any opinion given about them : only they are used as an antient Writing ; and argumentum ad hominem . If this one Witness be cast , we have enough beside . That it is asserted , Rational Def. of Nonconf . p. 10. that Episcopacy is not in any Protestant Church but in England : is neither truly , nor with Candor said ; the Expression is , as in England : and it is easily demonstrable , that in no Protestant Church , it is in that height , or doth so entirely swallow up the Ruling Power of Presbyters , as it doth in England : If my Exposition of Jerom's toto orbe decretum est , be Ignorant , or Erroneous ; I must so abide , till this Profound Doctor Enlighten mine Eyes ; which he hath not vouchsafed to do . Another of Jerom's Sayings , Quid facit Episcopus , &c. excepta Ordinatione : he saith my Gloss on it , hath been sufficiently exposed , Hist. of the General Assembly 1690 : and I say , it hath been sufficiently Vindicated , in Answer to that , and other four Pamphlets ; and Def. of Vindic. in Answer to the Apology , p. 24 , 25. I shall now add , that very Exposition of that Passage , was given by Marsilius Patavinus , cited in the end of the Preface to Paul Bayn's Diocesan's Tryal : that Author lived about Anno 1324. In his Book called Defensor Pacis , against the Pope ; he hath these Words , ( speaking of that Passage of Jerome , ) Ordinatio non significat ibi Potestatem conferendi , seu Collationem Sacrorum Ordinum ; sed OEconomicam Potestatem Regulandi , vel Dirigendi Ecclesiae Ritus atque Personas , quantum ad Exercitium Divini Cultus in Templo : unde ab Antiquis Legum ▪ latoribus , vocantur OEconomici Reverendi . This we maintain to be competent to every Parish Minister ; tho' not to the Elders of the Congregation , to manage these in the Publick Assembly . I hope no man of sense , will reckon that Author an ignorant Person , of whom Papir . Masson . saith , cujus Libri extant , non cuidem Verborum , sed Rerum aepparatu , prorsus Admirandi . His Instance of my Ignorance , in Citing some Greek Authors , out of the Latine Translations of them , is so ridiculous , as it needeth no Answer . § . 7. He next cometh to some Instances , that he seemeth to lay more Weight on . The first amounteth to no more but this , that I Cited Chrysost . out of Bellarm. and I had not Chrysostome then by me , ( as our Author saith , he had not Bellarmine , when he wrote this Preface , ) and answered Bellarmine and Chrysostom's Words , as he brought them : if he doubt , ( as he seemeth to do , ) whether I did faithfully Transcribe Bellarmin's Words , let him consult the Place : And now , when I have seen and considered Chrysostom's own Words , I am sure that 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , is not the same way ascribed to the Bishop alone , as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 are to him , with the Presbyters : for he deriveth these from Christ's Institution , which he doth not pretend concerning that : nor indeed could he , seing he had said 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : he must then mean , that in his time , the Bishop had an Election , and may be , also Ordination to a superior Degree of Dignity , ( which was without a superior Power , ) or that to him , was committed the Performance of the Ceremonie in Clerical Ordinations , viz. Laying on of Hands : tho' I am sure , and have shewed , this was not the constant Practice . What our Author blameth in my sense of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 is fully Vindicated , Gillesp . Eng. Pop. Cer. P. 3. C. 8. Diggress . 1. P. 164. His next Instance , is out of Ration . Def. &c. p. 199. where I prove the Peoples Power in Electing their Pastors , from Act. 14. 23. and that from the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ( not barely from the force of the word , as he , by Oversight , or Ignorance , mistaketh ; but ) by the force of the word , and it's Circumstances in that Place . If Scapula be not a good Voucher for the Signification of a Greek Word , both in Profane , and Ecclesiastical Writings , his Lexicon is little worth : if he be , our Author has litle Judgment in declining his Authority ; seing not one of the Instances he giveth of the word , is for Ordination ; but generally , for giving Suffrage . If we Consult Scripture , it is used Act. 10. 41. and 2 Corinth . 8. 19. in both which Places , it is used for Election . And its importing also Ordination , which I alledged , he is pleased to mock at : but thinketh not fit to take notice of the Grounds brought for that Interpretation , from the best Criticks : which I impute to his Unacquaintedness with that sort of Learning ; if we may be so bold , as to Question the Skill of one , who so looketh down on other poor Mortals , as Ignoramus's . § . 8. The next Proof of Ignorance is , I was bold to reprove one of my Adversaries for commending Ministers from their understanding Christian Philosophy : Hence our Auther spendeth about 10 Pages to prove , that that Phrase was used by the Fathers : all which is easily granted , and was never questioned by any that I know . Only I still think ( and if that be to be ignorant , I cannot shun that blame ) that however the Fathers did pertinently use it , and even at this time it may to very good purpose be used in some cases , yet that in a time when Socinianism aboundeth , and when revealed Religion is so much decryed , by not a few , and all Religion is by some resolved into Nature , and Humane Reason , the improvement of which is Philosophy : I say in that case , it is not so very proper a Commendation of a Minister , that is taken from Christian Philosophy , as that which is taken from that knowledge of Divine Things , which is built on Revelation , as superadded to what we have by Nature , and is attained by Ratiocination from scientifick Principles . § . 9. He next thinketh fit to charge his Antagonist with Nonsense , the Instances are first , ( Animadvers . on Stillingf . Jrenic . p. 30. ) I had said that all Ceremonies of God's Worship , are Worship themselves . He should have minded that it is there said that the learned Stillingfleet saith the same , Irenic . p. 65. which I still aver : and if he will not ascribe Non-sense to that unquestionably learned Author , why may not such an one as I take shelter under his shadow . But if this Author had understood the Distinction , that I ( and many more learned than I ) have elsewhere cleared between Circumstances , Rites and Ceremonies , and that this last Sort , is peculiar to Religious Actions , and hath place in no other kinds of Actions , he might have understood , that such Actions are Religious , and Acts of Worship , and that they are true Worship , if instituted by Christ , and false , if divised by men . This cannot be judged Nonsense , by any who hath , with Judgement , lookt into the Controversie about Ceremonies ; but it must be Nonsense to judge so of it . The Fetch , ( as he calleth it ) of Ceremonies that are in the place of Competentes , or Catechumeni ; called in the same place Candidate Ceremonies , is no more Nonsense than other Metaphors are , if the Author be so ignorant , as to understand that Phrase literaly , it is his own Nonsense , and none of mine . The next peice of Nonsense is , that the Affirmative of the second Commandment is , that we should worship God in the way that he has prescribed in his word : Rational Def. p. 125. If this be Nonsense , I have for my Compurgators , the whole Assembly of Divines at Westminster , who in the Shorter Catechism , gave this Answer to the Question , What is required in the second Commandment ? The second Commandment requireth , the Receiving , Observing , keeping pure and entire , all such Religious Worship , and Ordinances as God hath appointed in his Word . It is like this Author will not stick to charge that venerable Assembly with Error , but if he dare charge them with Nonsense , it is no great matter if poor I take a share with them . I am so dull as to understand as litle what Nonsense is in owning the Lutherian Churches , as Sister Churches , and so having Communion with them , and yet refusing to joyn with them on their Instituted Ceremonies . If any thing here look like Nonsense , it is from a Typographical Error , ( which I confese that Book aboundeth with , the Correcting of the Press being commited by that Author to a negligent person , while himself was at the distance of some hundrdes of Miles ) it is in the Manuscript uninstituted Worship : and is meant of parts of Worship not appointed by Christ , but devised by men : We can have Communion with them in owning the same Truths , ( seing they own the same Fundamental Truths with us ) and in these parts of Worship that Christ hath appointed ; but we cannot joyn with them in worshiping God , by their Devices , and if they intermix these with instituted Worship , we must forbear Communion with them in both , rather than pollute our selves with uncommanded Worship : If this be Nonsense , I must bear that Imputation . Another Instance of Nonsense is , Second Vindication , p. 14. That the two Governments ( Presbytery and Monarchie ) of Church and State , have suited one another many Ages , since the Nation was Protestant : The Authors Antagonist had expressed his Wonder , how Presbytery could suit Monarchie in the State. I confess I was not so critical , as to impute to him , that he meant Presbytery in the State , and Monarchy in the State ; ( For I cannot discover Non-sense where it is not , even in an Adversary , as this sensible Man can ; ) And I plainly answered , that these two Governments ; ( viz. Presbytery in the Church , and Monarchy in the State ) did suit one another . Whether the Non-sense is in my Expression , or in my Adversaries apprehension , let the Reader judge : Also whether a Handle is here given for a Cavil ; or Malice , or Ignorance , hath supplyed it . § . 10. Another thing wherein he hath a mind to find Non-sense , is Animadvers . on Stillingfleets Irenicum , p. 5. where the learned Dr. having asserted , that where there are different Opinions ▪ and probable Arguments on both sides ; if it be not a matter necessary to Salvation , it giveth ground to think that that matter in Controversy was never intended for a necessary mean for Peace and Vnity in the Church : On this occasion , G. R. was bold to say , that if things not necessary to Salvation , must needs be thus clearly revealed , much more this clearness is needful in things necessary to Salvation . The Non-sense of this I cannot yet perceive : and I think this Author ( not by his piercing Judgement , but by this tinctured Fancy ) was the first that discovered it . And I cannot shun still to think , that the Fundamental Truths should be , and are revealed with more evidence , than the inferior Truths ; and that the Lord would not have us to venture our Salvation , on that obscurity of Revelation , that we may not venture the Peace of the Church on ; if that were at Stake . But the best is , that the peace of the Church dependeth not so much on Oneness of Opinion , about some inferior Truths , as in honest endeavours after that , and in mutual forbearance where it cannot be attained . I am litle concerned in his not believing a Typographical Error , in a passage about the Decrees of God ; which a Friend of his , ( if not himself ) had observed , and I had solemnly disowned , and do still disowne , as what I never thought , spoke , nor wrote : It seems he measureth the veracity of others by his own . But he will prove what he affirmeth ; That Book was Re-printed in England , without Alteration , or Correction ; Ergo it was the Authors , not the Printers Error . A wise Consequence indeed : if it went abroad with that Error , ( as I deny not it did ) it is no wonder it was Re-printed with it : but that it was ever Re-printed , is more than I know , or ever heard before : if he will not believe me in this , I hope some others will. He next setteth the black Mark of Non-sense , on the Arguments I bring against a stinted Liturgy of mans Composure : Rational Def. p. 226. I can see nothing but tollerable Sense , and some strength of Reason , in these Arguments ; when I review them after many years : And our Author thought not fit to discover it to us , and therefore they must even stand as they were . Only this great Judge of Non-sense , sheweth us that the Lords Prayer is a set Form and disowned by Presbyterians , and therefore that must be here included : Answer , that Prayer ( if a set Form ; that is , if it be enjoined to be rehearsed in publick Worship ) is not a set Form of mans devising , and therefore falleth not under the Arguments that he opposeth . Neither do Presbyterians disown that Prayer , but use it as a Directory for Prayer , and if any will repeat the words in solemn Worship , they do not censure them . He hinteth , ( tho' so confusedly , that I cannot make Sense of his Refutation of Non-sense ) that we are Quakers , because against Liturgies . We find no Liturgies in the Apostolick Church ; and yet they were no Quakers : if all praying without Book were Enthusiasm , ( as he ignorantly insinuateth ) many Episcopal men must be such , for they do not always use the Book . His retorting the Argument on extemporary Prayer , is strangely wide , and hath been often answered : But this Author's business is not to clear Truth , but to run down a certain person whom he hath in chase : Extemporary Prayer imposeth neither Matter , nor Frame , or Composure , on the Hearers , and Joyner , further than Nature it self maketh necessary , where people pray together : but set Forms do . § . 11. Yet more Non-sense : his Antagonist speaketh of the Popish Church of Scotland , and of the Protestant Church , also often of the Episcopal and Presbyterian Church there , whereas the Church is but one : Which this Author is at much pains to expose : but by mishape , exposeth himself in so doing : I list not to contend about words , whether you call a divided Church ( as Scotland was while partly popish , and partly Protestant : and novv is vvhole partly Presbyterian and partly Episcopal ) two Churches , or one Church rent in two peices ; I think is not material , I see no Non-sense in either way of speaking : Both Parties or Churches if permitted must have their Government , and Governours , neither is it fit that they should rule that Church , or part of the Church to which they are opposite , and which they would destroy . It is wholly beside this purpose that he bringeth in , of my blaming Dr. Stillingfleet for making the Vnity of the Church of England , consist , in two Convocations ( which our Author doth so grosly mistake for the Upper and Lower Houses of one Convocation , whereas that Author doth make two Convocations in two distinct Provinces , p. 300 ) for that is one Church united in it's parts , not divided into Parties as the Church we speak of . And it 's less intelligible , how that should have two Heads , than in this case : Why two Parties may not be called two governing Bodies , in a divided Church , I cannot yet understand , for all his Story of the Platonick Monster : That no Head is mentioned , why should he wonder ; unless he think a visible Head of the Church in a single person is necessary ; in such Metaphorick Speeches , there is no matter of moment ; whether ye call the governing Part of a Church a Body , or a Head : but enough of this quibling on this Head. § . 12. Our Author's next Essay , is to set forth his Antagonist's ill Nature : in which Discourse , every one may see , how manifestly and fully he setteth forth that Temper of Mind in himself , which he blameth in another : most of the Passages he insisteth on , were written against some Pamphlets , which contain the most false and injurious Imputations , and that not against a Person only , but against all the Presbyterians without Discrimination : yea , against the whole Nation , in it's Representative , the Parliament ; and many of these Assertions are proved to be false , and if a certain Author , by a Book which gave less occasion , was by every Line , provoked to the Indecency of Passion , what wonder , if just Indignation was warmly expressed against such Abusive Treatment . If I have called any thing Lies , Railing , Sauciness , Impudence , which was not so , I am content to underly the just Sentence of unbyassed men , but this Author and his Complices , take a Boundless Liberty to Reproach , and if they be told of it , they are Clamorous beyond Measure . It is not inconsistent with all that Civility that is due to men , to give things their true Names , especially where the Rank and Behaviour of the Persons we deal with , plead no extraordinary Respect . He mistaketh , when he saith , that I knew , that the Author of the Memorial was dead , before I answered his Book : I do not to this day , know who was the Author of it . What was said about giving up King Charles the first to England , should have been refuted by Reason , not by Quibling : I have no Answer for such Arguments : neither have I time to examine how fairly all the words are cited , which he adduceth , nor to shew on what occasion , or on what necessity they were written : what he representeth as spoken of the Prelatists , is injuriously blamed , it was spoken of a Party of them , ( who are but few , ) who reproached the Presbyterians in general , and in the most universal Terms ; which never was my way against them . § . 13. If any thing hath dropt from my Pen , which may be judged Uncivil , or short of due Respect toward the Learned , and Reverend Dr. Stillingfleet , I am ready to crave him pardon , for I designed the contrary : what this Author chargeth me with that way , is partly false , as what he citeth out of the Preface to Animadv . on Irenic . for both the Prefaces , ( I have seen one at some Copies , and another at other Copies , ) were written by another hand , without the knowledge of the Author : partly they are fouly misrepresented ; to give an Instance : this Author faith , that I said of Dr. Stillingfleet , p. 18. that for the most part he doth nothing , but magno conatu nihil agere . This is misrepresented : I said that he insisteth most on things not controverted , and thence inferred the blame mentioned . It is one thing to charge one directly with an Opinion or Practice : and another , to make an Inference from it : seing many do or say that , the ill Consequence of which they do not observe , but will disowne . His other Citations are but a just Censure one some Passages of that Learned Author's Writings , which I was examining , which cannot be shunned in Polemick Writings : to call that a Contradiction that I make appear to be such , is no Injury nor Breach of that Civility , that is due to a Stated Adversary : many things are fair enough in open War , which were not so in a State of Peace . This Author is yet more injurious , in expounding all that I have said of a few men of imbittered Spirits ; among the Prelatists , who have in their Writings reproacht the Presbyterians , and imputed to them , things that they are innocent of , or abhor , applying all this , ( I say ) to all them who are of the Episcopal Perswasion ; or to the Party in general , as that they are Esaus , Serpents , Spiteful , &c. I challenge him to prove what he saith : I deny it : if I have said any thing of Immorality among the Clergy , it is too evident , tho' I know some of them are innocent , and lament it . What he citeth as spoken against the Church of England , and her Clergy , is either what is in Controversie between us , and them : I have been so bold , as to call their Liturgy and Ceremonies Superstition , and to mention what is the Native Concomitant of Superstition , that men will be wiser than Christ or his Apostles . This is no more a Crime , than it is a Fault to be opposite to their way . What is said of Immoralities , and Insufficiency for the Ministery , and other Corruptions that are among them , is not chargeable on me , yea nor on Presbyterians alone , but it is the Complaint , of the best among themselves , see the five Groans of the Church , and Mr. Bold ' s Serm. These Authors were truly Sons of the Church of England ; thousands among them , complain of these things , who yet adhere to that Communion . I might well disowne that Principle of Sentencing , & Executing Kings by their Subjects , about which some of the Church of England had informed forreign Divines , as the Principle and Doctrine of Presbyterians : because the Generality of Presbyterians in Scotland , ( very few excepted , and these turned Independents after , ) shewed their Abhorrence of that Fact committed on King Charles the first , so they did in England , and some of them suffered Death , for owning his Son. Is it Incivility to the Church of England , that I thought , at the time of the late Revolution , it was fit for Parties to put in their Claim , for what they thought the way of GOD , that it might be judged of by them who had Authority ? if the Church of England think , we ought not to mutter against the Corruptions of their way , nor seek a Remedy in an orderly and legal way , they may know that we pretend to no such Civility , as is inconsistent with Faithfulness to the Truth , and Ordinances of Christ . We are for the Purity of the Church of England , and for her Peace too , so as not to meddle with her without our Sphere : but if speaking , or writing for the good way that we owne , do disquiet her , with respect to her Corruptions , we must be excused . It is a wise Assertion , he exhorteth his Readers to purge the Church of England , &c. I exhorted none to this Attempt , but in their Station , such as many have not : his Expression soundeth , as if I had stirred all up , that should read this Book , to fall on the Church of England , and pull her down . § . 14. Impudence is the next Epithet , that he laboureth to fix on the man of his Wrath. Instances are ; It is abscribed to Cunning , that their Books reproaching the Presbyterians were spread in England , but hard to be found in Scotland : which he imputeth to want of Liberty for Printing such Pieces in Scotland , and hazard in importing them : but it is sufficiently known , that many Books of that strain have been imported , and none seized ( that I hear of ) but one Parcel , which was of another strain . Next it is Impudence to assert the Loyalty of Presbyterians . Answ . It is more Impudence to ascribe to Presbyterians , what was the Practices of some few , with which the far greatest part , neither did , nor would concur . What was said on this Head , was also proved ; and it is Impudence to put such a Mark on any Assertion , and yet not attempt to answer the Arguments brought for it . Another Impudence is to speak of the Harmlesness of Presbyterians , and that they are no Persecutors . And that any one of many of them suffered more Hardships , and Barbarous Cruelty , than all the Espiscopalians have endured : the Impudence of this , he proveth very learnedly : how could one man suffer the deprivation of five or six hundred Livelyhoods . That there were so many Episcopal Ministers turned out , ( I suppose these he meaneth ) I know not ; but it is not a wise comparison , of one man to have so many Families to maintain on nothing , and each to have his own : I affirm that one man who suffered Torture , Intercommunning , was forc'd to lodge in Dens and Woods , and in daily hazard of his Life , who was sold for a Slave in the remote places of the Earth , suffered more ( tho' his loss of Money did not amount to so great a Sum ) than all they did . I find nothing in what followeth to disprove what I had said , and therefore pass to another piece of Impudence , ( which yet is a repetition of what he had said before ) that Presbyterians are no Rebels . To prove this he ( very pertinently ) alledgeth a Contradiction between first Vindic. ad Q. 2. § . 3. where it is said that Episcopacy raised a Tumult , and § . 5. they ( the Episcopal men ) raised no Tumults . ( This last is ad Q. 3. § . 5. ) Answ . The former is spoken ( as plainly appeareth to them who will see ) of the War between the King and Parliament . The other of such Tumults as our Author chargeth the Rable with , and it is expresly said that they did what they could to raise a War. Here then is that horrible Contradiction that he findeth , or fancieth : a War managed by potent Armies and for a long time , is in one place called a Tumult ; and yet Scuffles among a confused Rout , which are soon over , are distinguished from such a War. Here is neither Contradiction nor Impudence : The Impudence that followeth is injuriously imputed to me ( it is vindicating the Presbyterians from being Rebels ) for what himself seemeth to applaud in other more modest persons , he might find frequently said by me . But if it be Impudence to deny Presbyterians to be Rebels , what kind of quality must he be of who chargeth them with it , while his own Party is guilty of Actions of the same nature , and were as universally engaged in them . What hath lately fallen out , might teach him either to justifie what he so freely calleth Rebellion , or to lay the blame of it on Protestants , and not Presbyterians only : and then if no share of it fall on himself , let us know what Party he is of . § . 15. He next challengeth some Insinuations , as if the Presbyterians in Scotland were the only Protestants ; which cannot be inferred from any Words he citeth . Neither can it be inferred that I thought , or said that the Gospel was not preached but by the Presterians . One word he layeth weight on , that if the Presbyterians had not used the Indulgence given to them and Papists ; these would have occasion to mislead People , without any to oppose them . None who had a mind to understand Words as they are plainly meant , would so construct this Passage ; such universal Expressions most frequently suffer a Limitation : also in that case they had done what in them was , that none should oppose Popery : as if a Batallion in an Army flee , they act such a part as tendeth to hinder any opposition to be made to the Enemy . Beside all this , tho' there were some privat Episcopal Ministers appear'd faithful in this Case : it is well known how litle most of the Bishops , and the generality of the Clergy appeared , and how they that did speak any thing that way , were discouraged by some Bishops . I wish he had better cleared to us , how absurd it is to say , that the true Protestants in the Nation were for the late Revolution , than by telling us , that being against it was no Popery : most men think it was too much to favour it , and was a defect in that Zeal that should have , in such a Juncture , been shewed against it . The secret Instructions from Holland that he giveth as the Cause of Presbyterians complying with the Dispensing Power : I never heard of them , but from that Epistler whom he mentioneth : and I could answer nothing to it but by denying it : and now when he calleth for an Answer to it , I say , First , Presbyterians did never comply with the Dispensing Power , but groaned under it as a Grievance : their using the Indulgence could not be so constructed , as I have else-where shewed . Secondly , I solemnly declare that I know nothing to this day of these secret Instructions . Thirdly , What moved such Presbyterians as I was acquainted with to scruple using the Indulgence at first , and to accept it at last , was , that some Conditions and Limitations , that they could not submit to , were left out in the last Edition of it . The Villany that he chargeth the Presbyterians with , in Addressing King James for his Indulgence , while they were on Intrigues to supplant him , must be charged on them who were so guilty : I knew of no such Intrigues , nor any such design then on foot , tho' now I perceive that such Designs were then hatching : neither can I name one person among all that accepted of the Indulgence who knew of such Designs . § . 16. He next bringeth instances of Impudent Shifts used by G. R. when he , or his Cause is put to it . The rabbled Ministers were not deprived of their Possessions ( I mean Stipends ) by an Act of Parliament ( as he alledgeth , ) but thrust from their Places by the Rabble ; and the State judged that they could not relieve them without palpable Inconvenience ; and because of the notoriety of the Scandals of not a few of them which had been so outed ; ( as appeareth from the then Prince of Orange's Declaration , ) on which followed the loss of their Benefices . What the State did , they can best give Reasons for . I never defended what the Rabble did that way . For what is said of Parliaments calling King James's Retirement from England , his Abdicating the Government : that is plain to be meant of the Parliament of England : for tho' it was written by a Scots-man , it was said of English ▪ Affairs : of Retirement from England , not from Scotland : wherefore here is no Impudence , ( unless on his own side , ) tho' the Scots Parliament speak nothing of Abdication . This , and what followeth , is picking a Quarrel without cause given . The long Story he hath of the Viscount of Dundee's Plot , and the Forces that came from the West to defend the Convention , containeth such Matters of Fact , as he contradicteth what is confidently affirmed by them who were on the Place , and had occasion to know these things , as well as he ; and are fully as credible persons as he is . Let the Reader judge who deserveth most Credit . I was Witness to none of these things : but shall give my Vouchers , if duely called to it : if he can do the like , let unbyassed Men judge of the whole History . If I had said the whole Nation knoweth the whole of this Passage to be true , as he affirmeth that the whole Nation knoweth it to be a Figment ; I might have been branded with Impudence , on better ground than any thing that he hath brought to prove his Charge against me . § . 17. What was said against Dr. Strachan's Defence , he spendeth many Words upon it : on which I observe a few things . First , I expresly referred that Objection to be Answered by some seen in State-Affairs ; it being Political rather than Theological . 2ly That I pleaded an Inter-regnum in the time of the Rabbling , and would not allow it in the Dr's Case , is no inconsistency : for in the first case the Exercise of Government was impossible ; in the other there was actual Exercise of it . 3ly When it was said the Representative of the Nation had owned William as their King : it was not meant ( as he hath a mind to understand it ) as complexly such ; but as Exercising the Supreme Regal Power , and designed to be compleatly King. I could give Scripture-Instances of such manner of speaking of Kings : if it were fit to enlarge as much on this Head as he doth . 4ly If it was not a Contempt of the Authority of the Nation , to disobey the Command of it's highest Power for the time , even tho' one should attempt to give Reasons ( unless these Reasons were also sufficient , of which none of us are Judge ) let any give Sentence . 5ly He subtilizeth the Distinction too much between being King , and exercising the Regal Power : but to help out his fine Notion , he behoved to alter the Phrase , putting Right to Exercise for Exercising it self : I hope these two may be distinguished ; and that there may be not only a Physical , but a Moral impediment , for a time , of a Moral Right . His Notion of Exercising the Regal Power before taking the Oath , and that there is no Obligation to take the Oath before the Coronation ; I cannot yield to ; but leave to Statesmen , and Lawers to Debate it with him . I say the same of his Discourse of Hereditary and Elective Kings . § . 18. That I called K. J. our lawful Soveraign , he saith , was a striking at the Root of the present Settlement . Answer , if I had so called him , with respect to the time of the present Government , what he saith were true . But to say that he was so before this Government had it's being , and before the Nation in its Representative had found and declared the contrary , is far from that blame . Next , he unfairly representeth what I had said , that Episcopacy cannot be restored : I hope it never shall , and I am sure it never can , without crossing the Institution of Christ . But whether the restoring of it be consistent with the Civil Rights and Priviledges of the Nation , as things are now stated , I leave it to States-men and Lawers to discuss . His Commendation of the Cameronians , and blaming me for speaking to their Disadvantage , is not out of kindness to them , but in odium tertii ; that he might make the sober Presbyterians ( for I cannot be bantered out of that Distinction ) more hateful , as being worse than they . I should think it lost time , to examine his quibbles about the Presbyterian Ministers not preaching so much as he and his Complices thought was meet against the Rabling : these things were sufficiently declared against by some , and that where such Disorders were most rampant and regnant : but Preaching could not Stem that Tide , many of these men would hear non of us , nor will they to this day ( tho' , through mercy , not a few of them are reclaimed ) and some who listned to other Doctrine , would not hear that . He hath a wise inference , I had said , these courses were preached against both before they were acted , for preventing them : and after for reproving them ; Ergo , saith he , it was a consulted and deliberat Politick ; and the Ministers were privy to it ; and yet did not warn the poor men , that they might have escaped being rabled : I shall not give this its due Name ; as he frequently giveth ill and undue Names to my Words . Ministers knew an inclination to Disorders in some , that they went beyond their Stations , by an ill guided Zeal : and this they warned against , yea , and some Presbyterian Ministers did protest against all these exasperated men , when they beheld it : But that they knew Designs for these Disorders in particular , is false , and doth not follow from what was said ; He saith , he can name more than one or two of the first Rank of sober Presbyterian Ministers , ( such a Blunder and Repugnancy in me would have been called Ignorance , Non-sense , Impudence , and what not ) who advised to these Courses . I solemnly declare I know not any of them , and if I did , I should blame them . § . 19. He cometh next to Contradictions : some of which are fancied ; others are real ; but of his own making , by mis-citing words ; One is I have said , where there are Bishops the Presbyters have no Power , in another Book , we do not say that Bishops take all Power from Presbyters . Any who will be at the pains to consult the places that he citeth , will find that the first speaketh of Governing Power ; the other speaketh of Power in General , which comprehendeth preaching Power , but it is there expresly said , that they take away all Governing Power : Where is then the Contradiction : Next it is said , ( he knoweth not where it seems ; nor do I ) that King James's Indulgence was against Law. And yet 2d Vendic . p. 43. the Parliament had given the King such Power . The first Assertion I find not ; another Assertion that to him will infer it , is , the Law was for publick Meetings , Ergo , privat Meetings were against Law ; It is a pitiful Consequence , Where Liberty is allowed , ( as now in England ) the Law is for both ways . Wherefore the second Assertion maketh no Contradiction . But if both had been said , there are just Laws , and unjust : which may without a Contradiction in the Assertion , be said to contradict one another . This Distinction removeth also the next pretended Contradiction , between a Forefeiture being unjust , that the Authority of the Nation laid on , and Ministers having no legal Right to their Stipends , when the Authority of the Nation have determined otherwise ; Parliaments may both do right , and do wrong . Another Contradiction he fancieth : Animadv . on Stillingf . Jrenic . It is asserted that all Ministers having got equal Power from Christ , they cannot so devolve their Power on one of themselves , as to deprive themselves of it : their Power being not a License only , but a Trust . This he thinketh is contradicted indirectly , by delegating Members to the General Assembly . To this I answer , Delegation to the General Assembly , is a Temporary , transient thing , for the exercise of one or a few Acts : and necessity doth warrant it , seing the Ministers of a whole Nation , cannot meet , without leaving almost the whole Nation destitute of Preaching , and other Ordinances , for a considerable time . This is not to be compared with devolving of the Power of the Ministers of a whole Province on one Bishop , who is perpetually ( ad vitam aut culpam ) to exercise the whole power of the Church , in all the Acts of it ; so as all the rest are deprived of it , and cannot exercise it , nor give account to God for the Management of it . The one is very consistent with that Parity that Christ made in communicating Church Power to his Servants , the other is not . He saith also , that I contradict the former Position directly , in true Representation : & 2d Vindic. by allowing the taking ruling Power from the prelatical Clergy . Beside the Necessity , and unsettled State of the Church in these Places , brought for justifying this Conduct , which he rather mocketh at than solidly answereth , I there at length insisted , to shew that there is no inconsistancy between this , and our principle concerning Parity : I need say no more , till he answer what is already said . § . 20. Another Contradiction he will needs make , between my disowning some Grounds of Separation in England , and owning the same in Scotland . The one in my Rational Defence against Dr. Stillingfleet , the other in my second Vindic. of the Church of Scotland , this he prosecuteth with a great deal of Clamor : what strength is in his Discourse , let us now try . I hope I shall be found semper idem , for all this noise . Three Grounds of Separation he mentioneth , wherein this Contradiction lyeth , first Episcopacy . Answer , I said the setting up Episcopacy in England , was not a sufficient Ground for People to forbear hearing of the Word in their Parish Churches , I say the same with respect to Scotland . I said Episcopacy was a good Ground for Ministers to withdraw from Church Judicatories , where they must ( at least interpretatively ) own that Authority : I say the same of England . If he can find any thing in my words , that doth import any more than this , I shall owne a Contradiction , and the shame that it may infer . The second is Episcopal Ministers were Vsurpers , or Intruders . The third is they had not the Peoples Call. I am sure , I never made these to be two distinct things : but this Author 's subtile Wit , hath divided them . Here I cannot own either Contradiction or Contrariety . I approved the Conduct of many People in England , who by a tacit , and after Consent , owned these men , as their Pastors , and heard them , tho' they did not joyn with their unwarranted Ceremonies : I never condemned the same Practice in Scotland ; but approved it by my Practice , and Doctrine . Only I pleaded , that what ever might be said of their not giving Consent , ( which was also the Case of many in England , ) they could not be Charged with Separation , while these men were obtruded on them , against the Laws of the Gospel , especially when they might hear their own lawfully called Ministers , tho' in a Corner . I find no Contradiction here , neither in what he saith about the Covenant , which I still think never made any new Duties , or sins for the matter ; but was a superadded Tie to former Moral Obligations . I said indeed that the Covenant National , and the Solemn League , made setting up of Episcopacy more sinful than before : but I never said , that either it made Episcopacy sinful , where it was not so before : nor that it made owning of it such : tho' I am sure it aggravated the sin of both . § . 21. His next Effort is to expose my Rejecting the Testimony of some , who were brought to Attest the Rabbling : but in his way , ( I know not what Freak took him , ) he Digresseth to consider the Preface to Animadv . on Stillingf . Irenic . which he will needs have to be written by the Author himself , on which he discanteth after his own manner , that is , not very Learnedly , nor Convincingly ; I assure him , and ( if he will not be assured , he having no great Esteem of my Veracity , ) I can assure the Reader , that the Author neither wrote that Preface , nor what is in the Title Page , nor knew that the Book was Printed , till after it was done ; but was at 300 Miles distance from where it was done . The Metaphorical Death , spoken of in it , taken from the English Phrase , of being Dead in Law , as the Nonconformist Ministers then were , was but a sorry Subject for a Learned Divine to practise upon , but he had a mind to write much , and had little to say , tho' he often pretendeth to have great Plenty of Matter . It is true I did , and do Question the Truths of many Circumstances , whereby the Rabblings were aggravated : and tho' he is pleased to say , that the whole Nation knoweth them , I affirm the Generality of the People , where these things were said to be Acted , know the contrary : let the Reader , who hath not occasion to enquire into the Matters of Fact , believe as he seeth Cause , or suspend his Belief . I did never defend , nor deny the Hardships that some of the Episcopal Clergy met with from the Rabble : only I said , and I insist in it , that they were Represented most Disingenuously in several Parts , and Circumstances of them : his Vouchers I reject , ( I mean some of them , ) ours he rejecteth ; which is ordinary in such Contendings , wherefore unless the thing could come to a Legal Tryal , every one must believe as he seeth Cause . That I rejected by the Bulk all the Matters of Fact , is false , and injurious . I did acknowledge several of them , and condemned them as unaccountable Disorders . It is a foolish Inference , no man can be a fit Witness before a Court , because we are not to believe all the Stories that men tell of themselves , or their Friends . That I had my Informations in these things mostly from Rabblers themselves , is falsly asserted , as may be seen by any who Impartially consider the second Vindication . His exposing that second Vindication , because I had the Accounts of Matters of Fact from other hands , and was not Eye , nor Ear-Witness to them , is odd ; for what Historian is there , who may not be , on the same Account , blamed . The Book he speaketh of , Account of the late Establishment of the Presbyterian Government , by the Parliament , I have not seen , nor heard of it before . I thanked the Parliament , in the Preface to my Sermon before them , for their Act , Establishing Presbyterian Government , can any wise man thence Infer , that I commended whatever was beside Incorporated into that Act ? Therefore all his long Discourse on that head , is impertinent . Another terrible Contradiction is , I say Field Meetings were sometimes necessary : and yet they were Condemned by the Wisest and Soberest Presbyterians . If I had said they were in all Cases so Condemned , he might have Insulted : but may not I always , that is at all times , be of Opinion , that a thing should not be done , as I see it often done , and without Necessity , and yet think that there may be a Case of Necessity , where it may be done ; this is to Cavil , not to Reason . § . 22. The Envenomed Words , in some Pages that follow , wherewith he Concludeth his Preface , and these of the same Sort , wherewith it Interspersed , I disregard : he doth himself more Hurt by them , than me : I resolve not to be Hector'd , nor Banter'd out of my Principles , nor Scarred by Malice , or Reproach from casting in my Mite , for the Defence of Truth , tho' he , and such as he Conspire to Overwhelm me , partly with their Books , and partly with their Calumnious Imputations . It is not usual for Satan so to Rage against a bad Cause . These few Pages I have written raptim ▪ the Press waiting for them : if he , or any other will Examine them fairly , with that Candor that becometh a Christian , and a Disputant ; I shall be willing to be Corrected , if any thing have escaped my Pen ; if he or they write in the same Strain of this Preface , I will Despise them , as also will all Sober and Intelligent Readers . FINIS . 
A92601	----	A proclamation or act by the Parliament of Scotland, for the proclaiming of Charles Prince of Wales, King of great Brittain, Franee [sic], and Ireland, through all the market places in that kingdom. Also the remonstrance of the Navie to rhesupream [sic] power of the kingdom, the Commons assembled in the Parliament of England, and to his Excellency the Lord Generall Fairfax. Febr. 12. 1648. Imprimatur Gilbert Mabbott. Scotland. Parliament. This text is an enriched version of the TCP digital transcription A92601 of text R203725 in the English Short Title Catalog (Thomason E542_8). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 28 KB of XML-encoded text transcribed from 9 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92601 Wing S1326 Thomason E542_8 ESTC R203725 99863566 99863566 164931 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92601) Transcribed from: (Early English Books Online ; image set 164931) Images scanned from microfilm: (Thomason Tracts ; 84:E542[8]) A proclamation or act by the Parliament of Scotland, for the proclaiming of Charles Prince of Wales, King of great Brittain, Franee [sic], and Ireland, through all the market places in that kingdom. Also the remonstrance of the Navie to rhesupream [sic] power of the kingdom, the Commons assembled in the Parliament of England, and to his Excellency the Lord Generall Fairfax. Febr. 12. 1648. Imprimatur Gilbert Mabbott. Scotland. Parliament. Brooke, Richard, Capt. Hadock, Richard. [2], 14 p. Printed at Edenburgh by Evan Tyler, and reprinted at London by Iohn Clowes, London : [1649] Signed on B3v: Richard Haddoke, Vice-Admirall [and 25 others]. Date of publication suggested by Wing. A reissue or reprinting of "The resolution and remonstrance of the Navie, to the supream power of England, the Commons assembled in Parliament, and to his Excellency, the Lord Generall Fairfax; with the Honourable Councell of the Army". The title page is probably a cancel; B3v and B4 are in a different setting, incorporating the proclamation. Reproduction of the original in the British Library. eng Charles -- II, -- King of England, 1630-1685 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Great Britain -- History, Naval -- Stuarts, 1603-1714 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Early works to 1800. A92601 R203725 (Thomason E542_8). civilwar no A proclamation or act by the Parliament of Scotland, for the proclaiming of Charles Prince of Wales, King of great Brittain, Franee [sic], a Scotland. Parliament 1649 4690 7 0 0 0 0 0 15 C The rate of 15 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-01 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-06 Emma (Leeson) Huber Sampled and proofread 2008-06 Emma (Leeson) Huber Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION OR ACT BY THE Parliament of Scotland , FOR The Proclaiming of CHARLES Prince of Wales , King of great Brittain , France and Ireland , through all the Market Places in that Kingdom . Also the Remonstrance of the Navie to the supream Power of the Kingdom , the Commons assembled in the Parliament of England , and to his Excellency the Lord Generall Fairfax . royal blazon or coat of arms C R C R HONI SOIT OVI MAL Y PENSE Febr. 12. 1648. Imprimatur GILBERT MABBOTT . Printed at Edenburgh by Evan Tyler , and Reprinted at London by John Clowes . To his Excellencie , THOMAS Lord FAIRFAX Lord Generall of the Parliaments Forces of all England and Wales : And the Honourable Councell of the ARMY . The Humble Petition , and tender , of Captaine RICHARD BROOK● , and Divers Sea Captaines , and others . VVHereas the Blessing is Vniversall , such ought the gratulation to be , upon which account , We in the place , as the principall Agent , give God the praise ; and next as the happy Instrument to your Excellencie and your Army , for our present Liberty Redeemed , ( not without much Colingtation , and losse of precious bloud ) from a long insolent , Arbitrary , and oppressing Tyranny , and since one of the sweetest flowres in the Chaplet of Liberty ( made , as by your late Remonstrance it appeareth , the onely Garland of your many and wonderfull Victory ) and is jus suffragii . We are incouraged to present , as our sence of our hoped approaching happinesse , for our best conceptions and endeavours to compleat , and then conserve it . And since to your Excellencie as Captain General of the forces of all England , and the Dominions thereof , both Militias are united as well of the Sea as Land , then which an ampler expedient for publique , safety cannot be ; It is humbly desired between Army and Navy a happy correspond may be commenc't and maintayn'd , by meanes whereof all jealousies and mis-apprehensions in both , or either , ( Mauger the most close and subtile fomentations of all malignant Spirits ) may be prevented , or soone annulled ; And to this end , we shall humbly propose , that some Agent , or Agents , may be mutually and reciprocally in the behalfe of each , taken and received into each others Debates , Transactions , and Conclusions ; that so upon all occasions , we may by undoubted Intelligence , crave and have mutuall assistance and be impowered unanimously to ingage against the Common Enemy . And because they but vainely pretend health , who onely fortifie against the Evils without , and not expell the peccant humours within ; With a better providence , but confining it to our owne Sphere , humbly desire , that the dangerous practises , and abuses ( of longtime , and yet ) acted , and suffered , in , and about the Navie , to the infinte dishonour and prejudice of the whole Nation ; may in this happy Juncture of Reformation , speedily be ●●ken into Consideration and Redresse . To Englands supream Power & Judicature . The Commons assembled in Parliament . The humble Petition , and Tender , of Captain Richard Brooke , and divers Sea Captains , and others . Right Honourable , THe Commonality of a Kingdom , though a great body , hath a quick sence , Tyranny and oppressions presently felt , private aymes and self ambitions easily discerned ; whence true Patriotts , whose affections square only with their trusts , redeeming generall freedom , and improving publique interest , cannot loose their deserved Plaudit . And we no inconsiderable part of this Kingdoms Commonallty ( our vocation , as to use , reflected on ) in our sence of your late renownfull resolutions overcoming all obstructions and difficulties ) to settle the Nation in a blessed posture of liberty and safety , humbly commensurate with the blessing : present this acknowledgement of our great thankfulnesse ; And whereas rumour not able to belye their desperate and implacable malice : loudly speaketh the common enemy , busie in soliciting and inciting forreign Princes and States to an Invasion , We with much joy resent your vigilance and timely circumspection for their repulsion and our defence , and more especially in your present preparation of a numerous and well appointed Fleet ; whereunto moved by common piety and duty of devotion , we became thus bold to obtrude zeale , and in this glorious cause of restored freedom , against all malignant opposers , make this hearty dedication of our lives and services . And because they but vainly pretend perfect health , who only fortifie against the evills without , and not expell the pecan humours within , We with a better providence , but confining it to our own spheare , humbly desire that the dangerous practices and abuses ( of long time , and yet ) acted and suffered in and about the Navy , to the infinite dishonour and prejudice of the whole Nation , may in this happy juncture of Reformation speedily be taken into consideration and redresse . 1. And first the improper and dangerous mode and Custome in electing all sorts of Officers , but more especially of Captains and chief Commanders of Ships and Pinaces in former times , by Court favour and parasitisme , and under pretence of estate ( and indeed more frequently pretended then reall ) whence issued much disservice to the State in generall , and no publique pay stated ( excepting meerely allowance for the table , many subsequent cheates too many here ) but upon further discusse and oportunity ( to be enumerated in these latter times , by corrupt or indirect meanes , as bribing and insinuating into the Secretaries Clarkes , and the like Ministers of Committees , whence disaffected persons that would submit to such dishonest contracts accepted , and wel-affected that would not , excluded , have succeeded many defaults in our Seas , and that the last years so foule defection and perrilous Revolt . 2 That all , or most places and Offices , in , or belonging to the Navy , are by ancient Custom tenanted , as it were , and to be possest for life , whereby much supinenes , neglect , and disservice hath , and cannot but accrew , for then a consciousness of being strictly observed , and if faulty , displast ; a more notable both reigne to dissolutenesse and spur to duty cannot be . 3 The great want of time , and consequently detriment to service , occasioned by the present Custom in victualling the Navy , every Ship defaulking six weeks of the six months , she is bound forth , and not seldom lying , as many more wind-bound . 4 The most injurious , and no lesse pernitious ingrosing , committed by the former Committees and Commissioners of the Navy , of all the imployment at Sea , and impropriating it to their own shipping ; for thereby at farre greater rates then otherwise would have been , hath the State been long served with Ships lesse serviceable , and undoubtedly , the will and power of the owners ( to bear all out reflicted on ) unexposeable to any hardship of fight and weather . 5. And lastly , the Exiguity of pay for all sorts of persons engaged in , and attending on this kind of service , whereby much impoverishment to many particular Families , and generall decay of the Service it self , hath followed ; many otherwise able , for want of a competent support , either wholly declining or deserting it . And forasmuch as we conceive , it is no lesse eminently our duties , then our observations of defaults and grievances , to represent our judgements for their redresses , we humbly Subjoyne as followeth . To the First . That the Commanders of Ships and Pinnaces , be from henceforth made choice of , rather then a vaine pretence of estate ( Bribery , Parasitisme , or Lordly favour ) by their abilities in Navigation and Sea service , in case they be , as only then apt , for so great Trust , of Religious life , and honest conversation ; whereby will ensue a greater compliance and love between them and the commanded Sea-Men ; and more service done in one yeare , then before this Parliament in one and twenty . And in regard also that many enormities have been , and will be probably continued , without a timely and powerfull suppression in the Trinity House , and all Officers thereto belonging . We humbly move , that a free and uninterrupted liberty be granted ( and a Declaration , if needfull , to signifie the same to all manner of persons to come and exhibite their Complaints , and without any long tiresome attendance ( cousin German to injustice ) have a day certaine given them for producing their Attestations , And that all such impartially , and without respect of persons ) as shall be found guilty of indirect and fraudulent practises , as selling of places , extortion of Fees , Bribery , or any other Misdemeanours , in their respective Offices and Charges , May be with open disgrace ( as a happy caution to them that shall succeed them ) forthwith dismist of their respective places , and be ordered to make due compensation for the wrongs and dammages which in any kind have been sustained by them . And that the Committee now constituted , may take order and provide , that no Secretaries Clarke , or any other Minister whatsoever , officiating in the said Trinity house , or to the Committee , or Commissions of the Navy , be permitted to hold or execute any place , or charge , that hath in any sort been an abettor to the said Revolt , or shall be lawfully proved guilty of apparant malignancy . 1. Neither here will it be a muse to request Indempnity be not so farre allowed to any person guilty of the late Revolt , as others by their impunity may be animated to undertake like treasonable Acts , and of so high a degree of treason , make an umbrage or protection for all their precedent delinquencies . And whereas the Grandees of Trinity house , gave so cleare a display of their imbosomed malignancy , and how strongly they were byast with affection to the said Revolt , by not only delaying , and in a manner refusing their assistance to their reducement ; but by discountenancing that pious and so needfull devotion in others , and traducing them for it . We humbly move , that a due caution for ( non est bis erare in Polemicis ) of all such insincere , and so obviously disaffected persons , and that not any of the said house , which cannot give an evident , manifest , or testimoniall of their good affection to , and cordiall complyance with , the reformed Goverment , and present power on foote , be intrusted with any power or jurisdiction whatsoever , But that it be forthwith wholly transferred on , such as shall too securely stand on their own integrities & upright dealings , to need protection from great Personages to that end sued unto ; and accordingly admitted into their fraternity , a course frequently practised , and but lately , though not succesfully ( as on some Lords which we could instance in ) attempted on some Collonels in the Army , for as we hope they have refused it . And whereas Charity inciteth us to take care , that the same good use be made of the Chest-money for which it was intended , we can no longer content our selves with an implicite faith ; but ( having more then probable grounds to suspect the contrary . We desire that for future , what receipts and disbursments thereof , shall happen weekly be weekly printed , and on some place of the Exchange and Custome house affixt for the view and satisfaction of all . To the Second . That from henceforth all places in and about the Navy , of what nature or quallity whatsoever , be subjected to a yearly Election ; that so fidility and vigilance in their severall charges and duties , may be in a better capacity to be preferred , to the great incouragement and advancement of the same , and the contraries , through the fear of an infamous displacing , be prevented , or the subjects of them for examples sake justly expelled . That no Commander or other Officer whatsoever , be permitted to enjoy at one time any more then one place , either in his own name or clandestinely in any others : by receiving all or any of the portion of the Sallary thereto belonging ; And whosoever shall be truly detected of the same , be forthwith discharged of his proper place , and otherwise Musted as the nature of the crime shall deserve . And if the tennor hereof extend to all offices , and places Military and Civill on the Land , it will we conceive be of excellent use in it selfe , and very gratefull to the publicke ; but we shall not digresse , being so highly satisfied with the Armies Remonstrance , and Petition of the 11. Sept. last , that our hope to see all those provisions for the peoples freedom happynesse therein contained ; and wherein , we professe our concurrence shortly brought into act , we totally acquiesce . To the Third . That every Captaine who is appointed for Command of shipps for convoyes , may have the victualling the shipp he so Commands , having the same proportionable allowance that the victuallers now , or in consideration of the advance of price in comodities should have ; and that all other shipps who are ●●●ly appointed for guarding of the Coast , may have their provisions provided in Magazines in the severall Ports , or some of them most convenient along the Coast . And therefore it is desired , the certainty thereof occasioning no small inconveniency that these duties of guard and convoy be distinguisht , and certaine ships be more particularly named , to have the charge of the convoy in and out of Marchants ships and goods ; That so trade may be as highly advanced by this meanes with us , as it is by the same with the Hollanders , to our long impoverishment through default thereof . To the Fourth . That no Committee , or Commissioners of the Navy hereafter , be permitted to ingrosse , or impropriate service ( to their own ships , but that the proffers of others ( when as much or more conducing to the publick good ) according to common equity and liberty , may be accepted and preferred ; and that for future all Committees of the Navy may be admonished to let the doors stand open to receive all proffers and Petitions Sans fraud , or other sinister practises . To the Fifth . That for the severall pay every Captain thus employed for the convoying of ships , being suffered to victuall his own ship as aforesaid , be allowed 10 l. per mensem for his pay . And that every Captain guarding the Coast have also 10 l. per mensem and some allowance for his table , for the entertainment of strangers occasioned by councells , or the like , and that every Master have 6 l. per mensem , and every cheif Mate have 4 l. per mensem , and the other Mates 3 l. 10 s. per mensem , the Gunner Boatswaine , Carpenter , have 4 l. per mensem , and the Cooke be allowed 3 l. per mensem , and no other Officer belonging to the Gunner , Gun-roome or Boatswaine , except each a Mate be allowed above foure Mast mens pay from the State ; but what the Gunner or Boatswaine shall allow out of their own meanes . That the Steward , Quarter-Master , Gunners Mate , Boateswain● Mate , Carpenters mate , be allowed 40 s. per mensem , fore mast men clear of all charges have 20 s. per mensem which severall sums though to some , as to our selves may seeme to large , yet if granted may prevent the multiplicity of cheates formerly amounting to much more , and induce those Seamen fallen off to returne to your service . That the Minister and Chirurgion have such allowance as the State shall thinke fit . That every Captaine with the approbation of the power electing him , may make choice of all his Officers in the respective ships . That all Captaines or Masters of Marchant men ships being Commanders in chief , may have to the full value of twenty pounds of his own adventure , and his bill of Portage , free of custome and excise . That all Masters mates have 15 l. of their own adventure upon the said accompt . That all Chirurgions , Pursers , Gunners , Boatswanes Carpenters and Cookes , have ten pounds upon the same Accompt . That all their mates with Quarter-masters and of their quallitie have eight pounds upon the same accompt . That all fore Mast-men have five pounds upon the same Accompts . That all such as by sufficient testimony shall make it appear , they are not of ability either by charge of Children , or losse otherwise , to make good their above-said adventurers accordingly , may be enabled to sell the same at the end of the voyage to him that will buy it , That thereby men may be incouraged to fight for defence of Ships and Marchants goods , ( this being but in liew of our Ton Custome free , formerly allowed , and since taken away . That the names of the severall Captains , Masters , Mates , Gunners , Boat-waynes , Carpenters , Cookes , Quartermasters Ministers , and Chirurgion , and four Mast-men , with all other inferiour Sea-men be with the names of the severall Ships and Pinnaces they serve in , inrolled , and the Pay establisht , respectively paid them in whole , when in service , and halfe pay in the vacation thereof provided , they take no other imployment , whereby as they shall not be occasioned through the apprehension of want by fraud to provide in time of service for maintenance , when out of it : So upon the setting forth of any summers , or winters Fleete , men in every degree fit for imployment , will be alwayes ready to man them . And if any in what place soever maymed or dying in this service of the State , shall leave , or have a wife and Children , or either of them to slenderly provided for to give them convenient sustenance for their subsistance , aliment & education , And the State in a blessed imitation of the most flourishing Common-wealths of old , and the Netherlands at this instant , shall ordaine some certain provision for such maimed persons Relict , or Orphans sutable to their severall respective conditions and exigencies . It will be an act not only well pleasing to God , and worthy our profession of Religion ; but for many demonstrable reasons of great utility in the mayne , such donatives being in effect , but as a scattering before a harvest , or as Saloman hath it , a casting of bread upon the waters repayable in a little time with greater abundance . And whereas it is , and may be falsty suggested , that all disaffected persons being excluded . A sufficient number of common Seamen for the service of the Navy , cannot be raysd or found ; We are confident these our humble desires granted to the satisfaction of all wel-affected persons : there shall be no such necessity to indanger so principall a defence of the Kingdoms peace and safety , as is the Navy in the trust of such inveterate Enemies to it ; but that it may be supplyed ( and had ; had we our desires on the 5. of July last in our first Proposalls formerly ) with men of known affections and integrity to the State . In summe since shipping is of greatest concernment to this Nation , one of whose , if not chief Royalities , hath ever been the dominions of the Seas , as deriving to it wealth and defence , either by letter of mart or Trade , and we our selves dubble obliged by publique interest , as English , and particul●r vocation , as Seamen , to our utmost abilitles to advance the same , have with as much brevity as we could , presented to this Honourable Assembly this expedient , humbly imploring as time and affaires shall admit maturity and seasonablenesse , freedom of enlargement . Right Honourable IT hath been heard at least in Parable , That a poor Man by his Wisdome hath preserved a City ; Sure I am that it incomb● every one , of what capacity soever , to intend Publick Safety and the contribution of a Mite , adds to the common Treasury , So that incouraged , by the integrity of my ayme at generall good ( which is able to screen all other defects , and render my undertakings benignly accepted ; I humbly present this small body of Observations : Whence as from a Perspective set to blear eyes , may be upon your maturer and more Judicious scanning , deduces some more advantagious expediences for constituting and preserving a Navie to the Nations unspekable good , in securing it , and its Trade , then hath yet been happily explor'd ) and the late Act , touching Regulating the Officecrss of the Navie , and Customes , hath greatly incited me here , to while in many thing● concurring therewith , it hath Anticipated the presentment though ( as it is well known to many ) not the draught of this humble Petition , and tender , which hath past the discusse , and received the approved vogae of the most expert in my vocation , Sea-men , of whom upon Command , I can give a competent List , for any Service at Sea , the State can , or shall require ; but though all met in the Centre yet ( selfeishnesse , that bane to the Publick , raigning in most , I found some descriptions in running of their lines to the Circumference of particular Interest , not being impatient of longer obstructions by the want of Harmony in Circumstantialls onely . I have presumed , declining the Ostentation of their Subscriptions , to personate a Publique part , and ( without injury to them , whilest in a zealous right to our Common Parent , our Countrey ) in their names made this humble presentment . Rich : Brooke . That Captaine Richard Brooke , the presenter hereof , may not be suspected to overshoot in his Suggestions : We whose Names are Subscribed ( in our Mutuall affections to the Common Government , which we conceive the precedent Animadversions may notably advance ; Humbly for our selves , and number of our friends , and fellow Sea-men , addresse our desires , that they may be forthwith taken into consideration , thereupon , an exceeding advance of Service to the State , Whereto we shall faithfully , with our lives and fortunes , ever adhere against all opposers . Richard Haddoke , Vice-Admirall . Capt. Richard Fermes . Capt. Henry West . Capt. William Bunducke . Capt. Thomas Merryott . Capt. George Dakins . Capt. Thomas Spalding . Capt. Richard Ingle . Capt. Jonas Reeve . Capt. Joseph Jordaine . Capt. William Tadnall . Mr. John Jussif . Mr. Francis Floyd . Mr. William Darkis . Mr. John Kent . Mr. William Beale . Mr. William Bunduck . Junior . Mr. John Ewell . Mr. Deubers Sotherne . Mr. Humphrey Morris . Mr. Thomas Downton . Mr , John Feeld . William Godfrey . Mr. Jeremiah Trevise . Mr. Robert Hudson . William Simkleere . GOD save the KING . At Edenburgh the fifth day of February , 1649. THE Estates of Parliament presently conveened in this second Sessions of the second Triennall Parliament , by vertue of an Act of the Committee of Estates , who had power and authority from the last Parliament , for conveening the Parliament , considering ; that for asmuch as the Kings Majesty who lately reigned , is contrary to the Dissent and Protestation of this Kingdom now removed by a violent death and that by the Lords blessing there is left unto us a righieous Heir & lawfull Successour , Charles Prince of Scotland , and Wales , now King of Great Brittain , France , and Ireland ; We the Estates of Parliament of the Kingdom of Scotland , do therefore most unanimously and cheerfully in recognisance and acknowledgment of his just Right , Title , and Succession to the Crown of these Kingdoms , hereby proclaim and declare to all the World , that the said Lord and Prince Charls is by the Providence of God , and by the lawfull right of undoubted Succession and dissent , King of Great Brittain , France , and Ireland , whom all the Subjects of this Kingdom are bound humbly and faithfully to obey , maintain , and defend according to the Nationall Covenant , and the Solemn League and Covenant , betwixt the Kingdomes , with their lives and goods , against all deadly , as their only righteous Soveraign Lord and King ; and because his Majesty is bound by the Law of God , and fundamentall Lawes of this kingdome , to rule in righteousnesse and equity , for the honour of God the good of Religion , and the wealth of his People : It is hereby declared , That before He be admitted to the Exercise of His Royall Power , He shall give satisfaction to this kingdome in these things that concern the security of Religion , the Vnion betwixt the kingdomes , and the good and peace of this kingdom , according to the Nationall Covenant , and the solemn League and Covenant ; for the which end , we are resolved with all possible expedition to make our humble and earnest Addresses vnto His Majesty : For the Testification of all which , We the Parliament of the kingdom of Scotland publish this our acknowledgment of His just Right ; Title , and Succession to the Crown of these kingdoms at the Marcket Crosse of Edenburgh , with all usuall Solemnities in the like Cases , and ordain His Royal Name , Portract and Seal , to be vsed in the publike Writings and Judicaturies of the kingdom , and in the Mint-house , as was usually done to His Royall Predecessours , and command this Act to be proclaimed at all the Market Crosses of the Royall Burghs within this kingdome , and to be printed , that none may pretend ignorance . GOD save King CHARLES the second . FJNJS . 
A92619	----	A true copie of the letter from the Committee and Estates of the Parliament of Scotland inviting his highnesse the Prince of Wales, to come and remaine in Scotland, or with the Scotch army, now in England. Scotland. Parliament. Committee of Estates. This text is an enriched version of the TCP digital transcription A92619 of text R210851 in the English Short Title Catalog (Thomason 669.f.13[1]). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A92619 Wing S1352 Thomason 669.f.13[1] ESTC R210851 99869606 99869606 162896 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92619) Transcribed from: (Early English Books Online ; image set 162896) Images scanned from microfilm: (Thomason Tracts ; 246:669f13[1]) A true copie of the letter from the Committee and Estates of the Parliament of Scotland inviting his highnesse the Prince of Wales, to come and remaine in Scotland, or with the Scotch army, now in England. Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) s.n., [Edinburgh : 1648] Imprint from Wing. Signed: Crawford, Lindsay. Annotation on Thomason copy: "Aug: 18 1648". Reproduction of the original in the British Library. eng Charles -- II, -- King of England, 1630-1685 -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A92619 R210851 (Thomason 669.f.13[1]). civilwar no A true copie of the letter from the Committee and Estates of the Parliament of Scotland; inviting his highnesse the Prince of Wales, to come Scotland. Parliament 1648 484 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A true Copie of the Letter from the Committee and Estates of the PARLIAMENT of SCOTLAND ; Inviting His Highnesse the Prince of WALES , to come and remaine in SCOTLAND , or with the Scotch Army , now in ENGLAND . May it please your Highnesse , AMongst all the Calamities , and miseries which this Nation these late yeares hath wrastled under , none doth more deeply wound and afflict us : ( next to His Majesty your Royall Father his present sad condition and restraint ) then your Highnesse long absence from this Kingdom , whereunto by Gods mercy and a long discent from your many Royall Progenitors , your right and title is so just and unquestionable , and seeing the forces of this Kingdome , are now againe in England , in pursuance of their duty to Religion , and His Majesties Rescue , Wee the Committee and Estates of Parliament intrusted by them with managing the publique affaires of this Kingdome under His Maiesties government , do presume humbly begg : That your Highnesse would be pleased to honor and countenance with your presence and assistance , our Pious and Loyall endeavours for Religion and your Royall Fathers Re-establishment upon his Throne , with all your just power : Which we look upon as the most eminent and hopefull means of strengthning and uniting us in this great work , being confident that if it shall please God to honor us with being instrumentall in His Majesties rescue , that your Hignesse will effectually apply your self , to procure from him just satisfaction to the desires of Parliaments , and those intrusted by them in both his Kingdomes . And if your Highnesse shall be pleased to grant these our humble desires and intrust your Person amongst us , We doe ingage the publique faith of this Kingdome for your being in honour , freedome , and safety : during your aboad with us , in Scotland , or with our Army or Forces now in England , and that your Highnesse shall have a free and entire liberty to remove from us when , or whither your Highnesse shall think fit . These our humble desires we have presumed to offer to your Hignesse by the Right Honourable the Earle of Lauderdaile a person of great Honor and Loyalty , who hath been eminently Instrumentall and usefull in this present engagement , who is fully instructed and Authorized by us in every thing concerning this service , to whom we beg your Highnes would be pleased to give trust to all shall be by Him presented to you : From Your Highnesse most humble , most obedient , and most faithfull Servants the Committee of Estates of the Parliment of Scotland in whose name , and by whose Warrant this is signed . Crawford , Lindsay . 
A92630	----	[Act] and order of council, for sequestrating the rents of such as are in rebellion against their Majesties At Edinburgh, the 3d day of January, 1690. Acts. 1690 Scotland. Privy Council. 1690 Approx. 10 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). A92630 Wing S1391 ESTC R226019 99896346 99896346 154347 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92630) Transcribed from: (Early English Books Online ; image set 154347) Images scanned from microfilm: (Early English books, 1641-1700 ; 2413:2) [Act] and order of council, for sequestrating the rents of such as are in rebellion against their Majesties At Edinburgh, the 3d day of January, 1690. Acts. 1690 Scotland. Privy Council. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, by order of Privy Council, Edinburgh : anno Dom. 1690. Steele notation: and Archibald and. Copy filmed at UMI microfilm Early English Books 1641-1700 reel 2413 torn at top left corner, affecting title. Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Rent -- Scotland -- Early works to 1800. Scotland -- History -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2009-01 Pip Willcox Sampled and proofread 2009-01 Pip Willcox Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion 〈◊〉 and Order of Council , for Sequestrating the Rents of such as are in Rebellion against Their Majesties . At Edinburgh , the 3d day of January , 1690. THE Lords of His Majesties Privy Council Considering , That by the Laws and Acts of Parliament of this Kingdom , and particularly by the 2d . Act , 12. Parl : K : Ja. 2. It is expresly Provided and Declared , That where any person or persons are suspected or scandelled of Treason , that they be taken and remain in Firmance , and their Goods under sure Borrows , untill they suffer an Assize , and be Tryed , whether they be guilty or not ; And that the persons afternamed , viz. John Earl of Melfort , Sir Archibald Kennedy of Cullean , Collonel _____ Cannon , John late Viscount of D●ndee , _____ Earl of Dumfermling , _____ Earl of Buchan , _____ Viscount of Frendraught , _____ Lord Dunkell , Mr. Colin M ckenzie Uncle to the Earl of Seaforth , Sir John Drummond of Machany , Sir William Wallace of Cragie , Sir James Hamilton of Eliston , _____ of Archarach , _____ Crawfurd younger of Ardmillan and _____ Crawfurd his Brother , Mr. David Graham Brother to the late Viscount of _____ Dundee , _____ Robertson of Strouan , _____ Stuart of Ladywell , _____ Ogilvy of Clova , James Edmiston of Newtoun of Down , _____ Grant of Balindalloch , Sir Ewen Cameron of Lochel , _____ Camero● his eldest Son , Sir Donald Mcdonald of Slait , _____ M cnauchton of Dundorow , Major _____ Middleton , Ensign _____ Winster , Captain _____ Charters , Captain John Ramsay , Son to the late Bishop of Ross , Major William Grahame of Boquhaple , Captain Patrick Blair , lately Captain in the Earl of Dunmores Regiment of Dragoons , _____ Cleiland of Foskin , Halyburton of Pitcur , _____ Grant of Glenmoristoun , _____ Frazer of Foyer , _____ Blair of Glessclune , Archibald M cdonald of Largie , _____ M cdonald his Brother , Alexander M callister of Loup , _____ M cilvernock of Oib , Donald M cneil of Galochellie , Hector M cneil his Cousin German , John M cnauchton uncle to the Laird of M cnauchton , _____ M cnauchton his two Sons , Stuart of Appein , John Stuart of Ardsheil , Stuarts his Brethren , Alexander Stuart of Innernahyle , James Stuart of Fasnacloich , John Stuart Fiar thereof , Alexander M cdonald alias M cean of Glencoe , M cdonalds his two Sons , M cdonald of Auchatrichaten , Sir John M cclean , Laird of M cclean , Hector M cclean of Lochbuy , _____ M cclean of Kingarloch , _____ M cclean of Kinlochhalin , Mr. Alexander M cclean , late Commissar of Argyle , _____ M cclean of Coll , _____ M cclean of Tarbet , _____ M ccleans three Sons , to Charles M cclean in Arros , _____ M cclean of Ardgour elder , and _____ M cclean of Ardgour younger , his Son , _____ M cclean Grand Child to the said Laird of Ardgour elder , John Cameron of Glendishorie , _____ Cameron his Brother , _____ Cameron of Callort , _____ M cmartin alias Cameron of Latterfindlay , _____ Cameron his eldest Son , _____ Cameron of Glenivish , _____ M cquar of Uluva , _____ M cdonald Captain of Clanronnald , _____ M cdonald of Glengarie , M cdonald of Ochterraw , _____ M cdonald of Ferset , _____ M cdonald of Benbecula , _____ M cdonald of Keppoch , Major Duncan Menzies _____ Stuart of Ballachen elder , Alexand●r Stuart his brother , Farquherson of Inverrey , Mr. Robert Stuart late Minister at Balquhither , Andrew Clerk Feuer in Down , M cdonald younger of Slate , Robert Stuart Brother to _____ Stuart of Annat , _____ Grahame of Duntruin , William Livineston of Kilsyth , Captain James Murray , Lieutennent James Murray , Captain Lieutennent _____ Crichton , Lieutennent Collonel Donald M cgreigor , _____ M cgreigor of Braikley , _____ Chisholm of Strathglass , _____ Chisholm his Uncle , Patrick Stuart alias vic Domachie , M cinteirn Wodsetter in Athole , John Stuart Wodsetter of Salichan , Dougald Stuart of Ach. 〈◊〉 , Alexander Stuart Wodsetter in Baloch , Dougal Stuart of Auchicon , Mr. Archibald M ccalman of ●rivain , John M ceanroy , alias M ccoll , and Ewen his eldest Son , John M ccoll , Portioners of Glasdrum , John Reid alias M cnaughton Feuar of Finchocken in Lismore ; Have been in actual Rebellion , and in Arms against Their Majsties Government and Laws , or at least accessory to , and Art and Part of the Crimes of Treason and Rebellion , and many of them are yet continuing to perpetrat and carry on their wicked designs against Their Majesties Interest , and for disturbing the publick Peace of the Kingdom ; And it being requisit and necessary , that these persons , and the Successors of such of them as are dead , should be disabled from the prosecution of such Rebellious Practices , by withholding from them their Maills and Duties , Debts , Sums of Money , and others due to them ; Therefore the saids Lords of His Majesties Privy Council , Do hereby in their Majesties Names Require and Command , the Sheriffs of the whole respective Shires within this Kingdom , and the Stewarts of the Stewartries of Kirkcudbright and Orkney , and their Deputs or Clerks of Court , and in case of their absence or neglect , the Town Clerks of the Head Burghs within the said Shires and Stewartries , immediatly upon receipt hereof , to cause Messengers at Arms , or Sheriff Officers , conjunctly and severally , pass , and in Their Majesties Name and Authority , by vertue hereof , Fence , Arrest , and Sequestrat in the hands of the Vassals , Tennents , Cottars , Feuars , Fermors , or any other person or persons whatsomever , subject and lyable in payment , or adebted and resting , owing to the forenamed persons , Rebels , or the Successors of them that are dead , all and sundry the Maills Farms , Kanes , Customes , Casualities , Profits , Duties , Goods , Gear , and others whatsomever , due , Adebted , Resting and Owing by them to the forenamed persons , who are , or have been in actual Rebellion against their Majesties Authority , and Laws , or accessory to , or Art and Part of the Crimes above-specified , by Bond , Word , Writ , Promise , Paction , Condition , or any other manner of way whatsomever , and that for the year of GOD , 1689. and in time coming , and the Rests of preceeding years ; And likewise , all other Debts , Sums of Money , and others whatsomever , due , adebted , and resting , owing by them , to the forenamed persons any manner of way whatsomever , wherever or in whose hands soever the same can be apprehended , to remain under sure Fence and Arrestment , ay and while the Lords of His Majesties Privy Council or Thesaury shall give Order , how the same shall be disposed of for Their Majesties use , in manner following , viz. Where there is Tutus accessus in the hands of the foresaids persons personally , or at their Dwelling-places , by delivering to every one of them a short copy , subscribed by the saids Messengers , or Sheriff-Officers ; and where there is not Tutus accessus , by Crying of three several Oyesses , open Proclamation and publick Reading thereof at the Mercat-Crosse of the Head-Burgh of the saids Shires and Stewartries where they live , or where their Lands and Estates lies , and affixing and leaving a just double upon the saids Crosses , containing upon the end thereof , a Copy of the said general Arrestment , Signed by the Messenger : And also to make strick inquiry after all persons in whose hands the foresaids Arrestments should be made , and lay on the same accordingly , and with all convenient Diligence , after so doing , to return to Sir William Lockhart His Majesties Sollicitor , both the particular Executions made in the foresaids persons hands personally , or at their Dwelling-places , and the general ones made at the Mercat-Crosses , as they will be answerable ; For doing of all which , this to the Sheriff Principal , their Deputes , Clerks of Courts , Messengers , Sheriff Officers , and all others concluded , shall be a sufficient Warrant . And Ordains thir Presents to be Printed , and Published accordingly . Per actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD save King WILLIAM and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , By Order of Privy Council , Anno Dom. 1690. 
A92637	----	Act of Council, for burning the Solemn League and Covenant, and several other traiterous libels. At Halyrudhouse, the fourteenth day of January, 1682 Orders in Council. 1682-01-14 Scotland. Sovereign (1649-1685 : Charles II) 1682 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92637 Wing S1449 ESTC R230211 99899460 99899460 153552 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92637) Transcribed from: (Early English Books Online ; image set 153552) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:17) Act of Council, for burning the Solemn League and Covenant, and several other traiterous libels. At Halyrudhouse, the fourteenth day of January, 1682 Orders in Council. 1682-01-14 Scotland. Sovereign (1649-1685 : Charles II) Scotland. Privy Council. aut 1 sheet ([1] p.) printed by the heirs of Andrew Anderson, printer to His most Sacred Majesty, Edinburgh : anno Dom. 1682. Arms 232; Steele notation: Maje- Solemn Published. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Solemn League and Covenant (1643) -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion CR 〈◊〉 〈◊〉 QUI MAL Y PENSE royal blazon or coat of arms ACT of Council , For burning the Solemn League and Covenant , and several other Traiterous Libels . At Halyrudhouse , The fourteenth day of January , 1682. FOrasmuch , As albeit by the seventh Act of the first Session of His Majesties first Parliament , and the second Act of the second Session of that same Parliament ; that Oath and Combination commonly called The Solemn League and Covenant , is condemned as Treasonable , and the taking and renewing thereof by any of the Subjects , is declared to be High-Treason : Yet in the Year 1666 , and since , several desperate and incorrigible Traitors , have taken upon them to Renew and Swear the said Covenant , and to emit and publish several treasonable and scandalous Libels , founded thereupon , as particularly these treasonable Declarations published at Rutherglen and Sanquhair , the Libel called Cargil's Covenant , and the late Declaration published at Lanerk upon the twelfth of this Instant , Entituled , The Act and Apologetick Declaration of the true Presbyterians of the Church of Scotland . His Royal Highness , His Majesties High Commissioner , and Lords of H●s Majesties Privy Council , to evidence the great abhorrence they have of these treasonable Libels , Do Ordain , that upon Wednesday next , being a Mercat day the saids treasonable Libels , viz. The Solemn League and Covenant , The Rutherglen and Sanquhair Declarations , The Libel called Cargil ' s Covenant , and the late treasonable Declaration at Lanerk , be publickly burnt at the Cross of Edinburgh , by the hand of the common Hangman . And Ordains the Provost , Bailiffs , and Council of Edinburgh , to be present , and to see the same solemnly done the said day , betwixt Eleven and Twelve hours in the Forenoon , and to report an account of their Obedience to the Council , the next Council day thereafter . And that these Presents be Printed and Published . Extracted by me , WILL. PATERSON , Cl. Sti. Concilij . GOD SAVE THE KING . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty . Anno DOM. 1682. 
A92639	----	Additional instructions for the militia: Edinburgh, the eight day of July, 1680. Scotland. Privy Council. 1680 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92639 Wing S1474A ESTC R183039 47683489 ocm 47683489 172947 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92639) Transcribed from: (Early English Books Online ; image set 172947) Images scanned from microfilm: (Early English books, 1641-1700 ; 2659:1) Additional instructions for the militia: Edinburgh, the eight day of July, 1680. Scotland. Privy Council. 1 sheet ([1] p.). s.n., [Edinburgh : 1680] Imprint suggested by Wing (2nd ed.). Signed at end: Will. Paterson, Cl. Sti. Consilij. Reproduction of original in: Sutro Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Militia -- Early works to 1800. Broadsides -- England -- London -- 17th century. 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Additional Instructions for the Militia : Edinburgh , the eight day of July , 1680. I. THE Lords of His Majesties Privy Council considering , that by the first Article of the late Instructions ; the Heretors and Liferenters are ordered to Stent the number of Horse and Foot in the usual way : Do declare , that albeit according to the Act of Parliament , the Heretors and Liferenters be lyable thereto , yet they are to have their relief from the Tenants , whose proper Burthen it is to furnish the Bodies of the Footmen and their Arms , and Pay , during the days of the Rendezvous ; and the Heretors may accordingly force any of their Tenants or Servants who are fittest : the rest of the Tenants contributing for their several Proportions , in the way formerly accustomed , either by Paroches , or otherwise , according as has been used in the respective Shires . II. As to the third and fourth Articles of the saids Instructions , whereby it is appointed , that no Souldier , Horse or Foot , be changed for another , and that no Horse once received and listed , be changed without consent of the Leiutenant ; It is ordered that no such change be made without expresse consent of the Leiutenant , and two Commissioners of the Militia . III. As to the sixth Article of the Instructions , where it is appointed , that Rendezvous be kept eight days every two Months , for the space of ten Moneths : It is ordained , that the first Rendezvouz shall meet for this year , as is formerly appointed , viz ▪ upon the 13 , and 24. of August respective , and to continue together for eight dayes , and the next Rendezvouz to begin the first Wednesday of October , and to continue together sixteen days ; And for the subsequent Years , it is appointed that the first Rendezvouz shall begin the first Wednesday of June , and to continue for sixteen dayes , and the next Rendezvouz to be upon the first Wednesday of October , and to continue then likewise for sixteen dayes , and so forth to continue yearly thereafter ; which two Rendezvouzes compleats the 32. dayes , payable by the Country . IV. As to the ninth Article , It is appointed , that the Militia Horse be worth ten Pound Sterling , conform to the Act of Parliament , and be fiftie eight Inches high , At least , that the Horse be of sufficient size , fit for Service . V. It is hereby declared , that these that are liable in the Fraction , shall pay to the Leaders of Horse , and Outreikers of Foot , their proportional parts of what is due for the Pay both of Horse and Foot , during the whole time they stay at the Rendezvouses . VI. Whereas , since the Act of Parliament in the Year 1663 , Establishing the Militia , by which there are 800. Foot , and 88. Horse , appointed for the Shire of Dumfreis ; There is an late Act of Parliament disjoyning the Militia of the five Kirks of Eskdale from the said Shire , and uniting the same to the Militia of Roxburgh , whose proportion of the great Militia is one hundreth Foo● and ten Horse : The Lords of Council ordains the Proportion of the new Model'd Militia of these two Shires to be regular accordingly . Extracted by me WILL. PATERSON , Cl. Sti. Concilij . 
A92644	----	Letters of intercommuning against several persons declared fugitives for not compearing to answer for conventicles, &c. Scotland. Privy Council. 1676 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92644 Wing S1511 ESTC R230214 99895947 99895947 153554 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92644) Transcribed from: (Early English Books Online ; image set 153554) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:19) Letters of intercommuning against several persons declared fugitives for not compearing to answer for conventicles, &c. Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) printed by the heirs of Andrew Anderson, printer to His most Sacred Majesty, Edinburgh : anno Dom. 1676. Below imprint:Cum Privilegio. Arms 232; Steele notation: of ters seve-. Dated at end: Edinburgh, the third day of August, one thousand six hundred seventy and six years, and of Our Reign, the twenty eight year. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Fugitives from justice -- Scotland -- Early works to 1800. Revolutionaries -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion CR HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms LETTERS OF INTERCOMMUNING Against several Persons declared Fugitives for not compearing to answer for CONVENTICLES , &c. CHARLES , by the Grace of GOD , King of Great Britain , France , and Ireland , Defender of the Faith , To Our Lovits , Macers or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting ; Forasmuch , as upon the twenty fifth , twenty seventh , twenty eight , twenty ninth , and thirty days of July ▪ one thousand six hundred and seventy four years , the Persons under-written , were at the Mercat Crosses of Edinburgh , Haddingtoun , Lanerk , Cowper , Perth , Dumfermling , Stirling , Glasgow , and Linlithgow , successive and respective orderly denunced Our Rebels , and put to Our Horn , by vertue of letters of denunciation raised , used and execute at the instance of Our trusty and well beloved Councellor Sir John Nisbet of Dirletoun Knight , Our Advocat , for Our interest , for their not compearing personally before the Lords of Our Privy Council upon the sixteenth day of July , 1674. to have answered and underlyen the Law , for their keeping , and being present at House and Field-Conventicles , at the places following , and convocating people thereto , Viz. At Enderask , Edmonstoun-Chapel , Volmet , Corstorphine , Megdalen-Chapel , Borthwick , Kirklistoun , Gladsmure , Torwood , Pitscottie-mure , Ravensheuch , Kinkell , Balmerino , Falkland , Collessie , Peth-head , of Kirkcaldey , Kinneswood , Glenveal , Sanfoord , Moonsey , Dumfermlin , Dundee , Pattenwyme , Lathons , Eastbarns , Dumfries , and other places , or ane or other of them , or near to them : And for contemptuous invading , and intruding themselves in the Pulpits , and Churches of Crawmond , Forgund , Kirkmahoe , and others , in the moneths of Apryl , May and June , on thousand six hundred and seventy four ; Contrare to the Laws and Acts of Parliament made there-against , in manner at length , specified in the principal complaint raised against them thereanent , Viz. Mr. James Kirktoun , Mr. Alexander Lennox , Mr. John Rae , Mr. David Hume , Mr. Edward Jameson , Mr. Robert Lockhart , Mr. John Walwood , Mr. John Weir , Mr. Andrew Donaldson , sometime in Dalgettie , Mr. Thomas M cgill , Mr. James Wedderburn , in Cowper , Mr. Thomas Dowglas , Mr. Francis Irving , Mr. Alexander Bartrim , and Mr. Alexander Wilson ; As the Letters of Denunciation duely execute and registrate , conform to the Act of Parliament produced in presence of Our Privy Council bears : At the process of the which Horn , the forenamed persons , have ever since lyen , and continued , taking no regard thereof ; nor of Our Authority , and Laws ; And are encouraged to continue , in their Rebellion , by the resett , supplie , and intercommuning which they have with several of their friends and acquaintances , to the high contempt of Us , Our Authority , and Laws . OUR WILL IS herefore , and We charge you straitly , and command , that incontinent these Our Letters seen , ye passe to the Mercat Crosses of Edinburgh , Haddingtoun , Linlithgow , Lanerk , Cowper , Perth , Dumfermling , Stirling , Glasgow , and other places needful ; and thereat in Our Name and Authority , command and charge all and sundry Our Leiges and Subjects , that they , nor none of them presume nor take upon hand to resett , supply , or intercommune with any of the foresaids persons Our Rebels , for the causes foresaids ; nor furnish them with meat , drink , house , harbour , victual , nor no other thing useful , nor comfortable to them ; or have intelligence with them by word , writ , or message , or any other manner of way , under the pain to be repute and esteemed airt and part with them , in the crimes foresaids , and pursued therefore with all rigor , to the terror of others : Requiring hereby all Sheriffs , Stewards , Bailies of Regalities and Bailiries , and their Deputs , and Magistrates of Burghs , to apprehend and commit to prison any of the persons above-written , Our Rebels , whom they shall find in their respective jurisdictions , according to justice , as you will answer to Us thereupon . The which to do We commit to you , conjunctly and severally , Our full power ; by these Our letters , delivering them by you duely execute , and indorsat again to the Bearer . Given under Our Signet at Edinburgh , the third day of August , one thousand six hundred seventy and six years , and of Our Reign , the twenty eight year . Per Actum Dominorum Secreti Concilii . Al. Gibson , Cl. Sti. Concilii . God save the King. Edinburgh , Printed by the Heirs of Andrew Anderson , Printer to His most Sacred Majesty : Anno DOM. 1676. CUM PRIVILEGIO . 
A57970	----	Joshua redivivus, or, Mr. Rutherfoord's letters divided into two parts, the first, containing these which were written from Aberdeen, where he was confined by a sentence of the high commission ... partly on account of his non-conformance : the second, containing some which were written from Anwoth ... / now published for the use of all the people of God ... by a wellwisher to the work & people of God. Rutherford, Samuel, 1600?-1661. 1664 Approx. 1355 KB of XML-encoded text transcribed from 314 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A57970 Wing R2381 ESTC R31792 12257279 ocm 12257279 57570 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A57970) Transcribed from: (Early English Books Online ; image set 57570) Images scanned from microfilm: (Early English books, 1641-1700 ; 1513:10) Joshua redivivus, or, Mr. Rutherfoord's letters divided into two parts, the first, containing these which were written from Aberdeen, where he was confined by a sentence of the high commission ... partly on account of his non-conformance : the second, containing some which were written from Anwoth ... / now published for the use of all the people of God ... by a wellwisher to the work & people of God. Rutherford, Samuel, 1600?-1661. [48], 576 p. s.n., [Rotterdam? : [1664] Place of publication suggested by Wing. Errata on preliminary p. [48] Imperfect : Faded and stained, with print showthrough and loss of print. Reproduction of original in the Harvard University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Presbyterianism. Scotland -- Church history. 2004-05 TCP Assigned for keying and markup 2004-05 Apex CoVantage Keyed and coded from ProQuest page images 2004-06 Jonathan Blaney Sampled and proofread 2004-06 Jonathan Blaney Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion JOSHUA REDIVIVUS , OR M R RUTHERFOORD'S LETTERS , Divided in two Parts . THE FIRST , Containing these which were written from Aberdeen , where he was confined by a sentence of the High Commission , drawn forth against him , partly upon the account of his declining them , partly upon the account of his Non-Conformitie . THE SECOND , Containing , some which were written from Anwoth , before he was by the Prelats persecution thrust from his Ministery ; & others upon diverse occasions afterward , from St Andrews , London , &c. Now published , for the use of all the people of God ; but more particularly , for those , who now are , or afterward may be put to suffering for Christ & his cause ; By A wellwisher to the work , & people of God. JOH . 16. 2. They shall put you out of the synagogues : Yea , the time cometh that whosoever killeth you , will think that he doeth God service . V. 3. And these things will they doe unto you , because they have not known the Father , nor me . 2 THESS . 1 : 6. Seeing it is a righteous thing with God , to recompense tribulation to them that trouble you . V. 7. And to you who are troubled rest with us , when the Lord Iesus shall be revealed from heaven with his mighty Angels , &c. Printed in the Yeer M DC LXIIII. CHRISTIAN READER . I Intended at first , to have given thee , the trouble of a larger Preface to these Epistles ; but I perceived upon second thoughts , that as thou shouldest be at a loss in being thereby kept up too long a● the entry , so I should gain but little by following my first look ; & therefore I have on purpose foreborn what I intended : Wherein as I have pleased my self no worse ; so I am sure I have pleased thee much better , then if I had followed forth a designe , whereby thou couldest have reaped so little advantage : And therefore leaving & laying it aside , I shall confine my self to what doth more peculiarly relat to this great , little book . In the entry give me leave to tell thee , that as there are many of the Authors Papers , both polemick and practicall , which he intended for publike use & advantage , that will never see the light ; because ( being like Appelles picture which was either to be perfected by his own pencil or wholly laid aside ) he carried his pen away with himself , leaving few in the generation that would undertake to follow his notion and finish it , or if they should essay it , it would be in the issue ; humano capit● cervicem jungere equinam : upon which account the Church of God may lament the loss of such a Master in Israel : as the world ( I say ) is , at no small loss , by being robbed of so rich a treasure , which was intended for them ; so , these few , which the Author did not at all intend for publike use , are here sent abroad : he did violence to the desires of many in refusing to publish them ( howbeit he was known to consult the satisfaction and advantage of the truely godly , more then his own contentment or ease ) not because he thought them unworthy of a scholler , as not being stuffed with a great many sterril notions : If any alledge this , it 's non Causa pro Causa ; but the true reason why he endeavoured to suppress & conceal them from the world , was , lest any man should think of him above what was meet ; because ( if not of the abundance of revelation , which yet God did indeed give his suffering servant , as will be clear by comparing what he foresaw , both as to the work in generall , and as to some particular persons , with the event ; yet ) of the abundance of soul-refreshing manifestations that he had : This was the true reason which made him inexorable and kept him from listening to the most pressing & assiduous entreaties of his friends : he had many things which commended him to the people of God ; but his covering his great attainments as a Christian , and the pregnancie of his parts as a scholler , with the vail of humility ( which is the chief ornament of a gracious spirit ) as it did render him peculiarly & deservedly dear to them ; so it made both the one and the other shine more brightly , & did besids their native and intrinseck beauty , give an adventitious brightness and lustre to all that great stock of grace , and store of Parts , which were found ( rara avis interris ) joyntly in him . It was manifest to all who were but a little acquaint with him , that his modestie and humility was such , that in all his most eminent appearances for God , he studied to disappear , lest he should by standing up , be guilty of intercepting any part of that glory , which belongs to him alone ; of whom are all things , & for whom are all things : neither was he at any loss hereby ; for thus he became great in the Kingdom of God : his growing downward , in that high and Gospel-adorning grace of humility , made him grow upward in favour with God and all Good men ; and thus by denying himself , and seeking God alone ; he both found what he sought , and got what he was not willing to take , nor would owne as his due . But , besids this true account I have given , why the world was deprived of so usefull & edifying a peice to this day ; I think it should not pass without a remarke , that God in his good providence , hath reserved the publication thereof , for such a time as this , wherein it seems to promise a singular advantage , beyond & above , what was probably attainable at any other season : First as to the suffering people of God , who while they are deprived of these things in publike , for the most part , which comforted them over all their sorrowes , & while the songs of the Sanctuary ( because the Philistims have stopped most of these wells out of which they used to draw & drinke with joy , that , which was sweter to the taste , then honey to the mouth ; or they have thrown that into them , which hath not onely made them lose their former relish & sweetness ; but hath rendred them so bitter , that they are now become gall and wormewood ) are turned into howling & bitter lamentation ; while it is thus I say , with the people of God , that in stead of being made glad in his house of prayer as formerly , they are sighing for the ceasing of these solemne assemblies : they may in their sad hours commune with this sufferer , who not being willing to eat his morsell his alone , speaks to them good words and comfortable : he telleth you , beloved sufferers , what a heaven is to be had in Christ's company , even when ye are put to bear the cross , & to have shame & suffering for his sake , as your inseperable companion : Neither is his discourse upon this subject , an empty or idle speculation ; nay , he speaks what he knoweth : the God for whose Cause he suffered , comforted him in the like tribulation , & so he is in case to comfort you , by the comforts , wherewith he himself was comforted of God. Next , as to these of the Ministers of the Gospel , who by the violence of their Adversaries are driven from their flocks [ which to a godly Minister is the greatest of afflictions ] such I say , may see for strengthning of their hands , while they are put to contend with these that are too strong for them ; how this noble witness , who suffered for the same cause , carried , how he acquit himself , & overcame : the Archers shot sore at him , but his bow abod in it's strength●… The armes of his hands were made so strong , by the hand of the mighty God of Jacob , that he was too hard for all that entered the lists with him , & when they thought they had done sufficient , either to force him to a compliance , or to make him faint under the effects of their fury , by depriving him of his ministery , which was dearer to him then his life ; he was not by all this , so much put to suffering ( to speak properly ) as he was for a season , a little removed from the noise & distraction that is abroad in the world , to be alone with God. O blessed solitude ! O sweet societie ! ) he was taken out of the clamour & confusion that is here below , up to the mount , where he was admitted to a neer familiarity , & experienced the sweetness of that fellowship with God , which he had preached unto others : Though he was not taken from the earth ; yet he was not onely keeped from the evill that was then , and is now , in the world ; but he injoyed such a heaven under his heavy pressurs , that if the being about of his Master's business , had not been prized by him , as preferable to his own consolation , he would have been in hazard of forgetting the troubles of Zion , and of saying , it 's good for me to be here ; but he was such a servant , as made is his meat & drink to doe his Masters will , he had so learned Christ , as to prefer his concernments to his Chief joy : & therefore , ye will finde him often in these Epistles , feasting upon the consolations of God , with the tear in his eye , while he remembers Zion , & calls to mind the desolat condition of the flocks of Christ [ particularly his own ] for whom nothing was prepared . He found in his solitude such a measure of presence , as could hardly have been expected , out of the chamber of presence , where there is fulnesse of joy & pleasures for evermore : he know more in this happy retirement , of the excercise of them who are above ( who being made Kings unto God , have crowns upon their head , & being made priests also , sacrifice these to the giver ) then he could have learned , by revolving all the volumes that are written in many ages , amidst the greatest outward calme & tranquillity : This is the summer fruit which grew out of the hard tree of the cross of Christ that he was put to bear , which was so sweet to his taste , that it made him disdain the dainties of his Adversaries , & disrelish these sowre & unsavoury delights of the sons of men , which however they may at first seem to have some petty sweet in them ; yet they quickly set the teeth of the eater on edge , & are found bitter in the belly & of a bad digestion : These were the quiet fruits of ighteousness that his servant reaped by hi sufferings for Christ , & that in such plenty , that out of his abundance , he sends some baskets of these sweet fruits abroad amongst his friends , both to bring up a good report upon his liberall Lord & Master , who allowes on his followers , while they are pinched with penury of other comforts , full measure , heaped up , running over , & shaken together : And upon the cross of Christ also , to the end it might appear , that this burden is so far from imbittering the life of a suffering saint , that by the contrary , as the sufferings of Christ abound in him , so his consolation also aboundeth by Jesus Christ. The publication then , I say , of these Epistles , seems in providence to be trysted on purpose , with the sufferings of his servants at this time , that we may be encouraged by his example , to a Zealous faithfulnesse , & a cheerfull suffering , & may wax bold by his bonds , under , & in which , he did experience , much of the glorious liberty of the sons of God : How oft doe we finde him preferring his confinement , to all the sublunary contentments of his persecurers ? here did he feed upon these pure & unmixed delights , which put such gladness in the heart , as expells all the Latent & lurking griefs that are there , and causeth the soul , while surrounded with all outward trouble to sing ; while they feed upon ashes , & fill their belly with the east wind , who feast upon the tears of the people of God , and seem to have nothing else to interrupt their tranquillity , but how they may trouble the children of peace : It was under this restraint , & in this house of his bondage , when being shut up from , and spoiled of all creatur-comforts , that he found the surpassing sweetness of the consolations of God , which taste best , when they are most free of the mud , & mixture of other injoyments : there it was where he found the truth of that saying of Augustin , Tanta est dulcedo caelestis gaudii , ut si una guttula difflueret in infernum ; totam amaritudinem infer●…i absorberet : If one drop of heavenly joy should fall into hell , it would swallow up , or sweeten , all th● bitterness of that place of torment : The love of God and the joy of the Holy Ghost , was so abundantly shed abroad in his heart , while he was in the furnace , that his cross was not onely made there by light & easie , & his life pleasant ; but ye have him often saying ( because he found by these foretasts what inconceivable consolation must be , in the immediat vision and full fruition of God ) that if there were no other way , to come at the possession of that blessedness , he would , not onely chuse to swime through a sea of outward troubles ; but he would wade through the lake of fire & brimstone , to be possessed of God himself : and there is none , who knew the gracious sobriety of this holy man , that will judge he complemented in saying so : nay , there are none , who have found what a cool refreshing shade & aboundant consolation the soul finds , in the company of the son of man , while they walk with him amdist the flames of the most scorching fiery trials ; but they would think strange , if he spake otherwise . Let us then be ashamed , to scare at the cross , or at Christ's company , because of it ; since it bears the man , who bears it : Let us resolve to take joyfully the ●os of all things , life it self not being excepted , in the service of such a Master , who maks us gainers by our loses , and then in a speciall way maks up all our wants , according to his riches in glory , when we have forsaken all to follow him : Let us study to carry in the sight of Adversaries , as men who cannot be made miserable by affliction ; for if we be but indeed faithfull to him , we are more happy at our worst , then we know ; or rather we are onely in so far miserable , as we know not how happy we are : he who is admitted to know that he hath a place in the heart of God , needs but care little what he meet with from the hand of man : this may wipe all teares from his eyes , even while he sighes out that sad word , I am poor and needy , that he knoweth , and is in case to adde that other , yet the Lord thinketh upon me , & doth earnestly remember me still : And by the way ( though it 's neither far out of my way nor thine , nor eccentrick to my present purpose ) let me say , that if the question were moved , how it cometh to pass , that he found so much , and other worthy sufferers also before him , that these things seem almost dreams , & incredible to us ? truely ( without speaking any thing of the absolut soveraignty of God , who may doe with his own what he will , and dispense as he pleaseth , both as to measure & time ) the reason may seem to be very obvious : his , & their witness-bearing for Jesus Christ , did every way , & in all respects , exceed our's : They gave to God as Kings [ though it was of his own they served him ] their Testimonies , against the corruptions of their times , whither in King , or Parliament , or Churchmen , had so much of ministeriall faithfulness , so much of freedom , so much of grave & Gospel-becoming boldness in them , so much holy zeal , even for the least of these concernments of the Kingdom of Christ [ upon which we are loath to state our sufferings , or for the keeping whereof , we are unwilling to hazard the loss of any thing ] that it was apparent , they loved him so well , that they loved not their lives unto the death , and that Christ could require nothing of them , as a signification of their zeal for his interests , which they were not at a point to part with , & were not ready to give away : And he upon the other hand , to make it appear , that they could not serve the Lord for nothing , and to evidence his speciall complacency in such a zealous frame of spirit , did , not onely extraordinarily support them under their trouble , so that they did not sink , even when they seemed to others , to be pressed out of measure , & beyond strength ; but did manifest himself in a most familiar manner unto them , so that when they were almost at this , that they had not whereupon to lay their head , they had then free accesse , to lean it & lay it on his bosome : in a word , God did declare , that he thought nothing too great , nor too good for them , who gave themselves away so intirely to him : so that if the question were asked at God , whence is it , that there is so vaste a difference , betwixt his dealing with his former witnesses , & these who now give some kinde of testimony to his name ? He could quickly silence & put to shame the movers of that question , by sending us back , to see what a difference there is , betwixt what these worthies did & suffered for him , & what we have done ; though under moe obligations , at least subjective , under moe oaths , Covenants , ingagements , protestations , & these often reiterat , then many of them were : He met them , as men whose hearts wer listed up in the wayes of the Lord , as men who rejoyced & wrought righteousnesse , & could neither be flattered nor frowned out of their fidelitie & freedom ; & he hids himself from us , as it were ashamed of such witnesses , whose very testimony , is so unworthy of such a Master , & so far short of what it ought to be , as if indeed we were ashamed of him & his truth , or thought the torne & the lame , a sufficient sacrifice for him . It was not the maine question of these men , in a suffering time , how much they might let goe , & yet keep the substantialls of religion , or how long they should be silent , out of fear , lest while they endeavoured to acquit themselves faithfully , they should both be reput rash & imp●udent , & provoke the Magistrat , by venting their needless jealousies , to doe what he intended not : They did not think it enough to give some oblique intimation of their dislike , or half signification of their detestation of these courses , whereby they conceived their Master's interests wronged , his prerogative incroched upon , & the whole indangered : Nay , nay , these men of God who knew the times & what Israel had to doe , thought such a carriage unworthy of the Ambassadours of Christ , who are set for the defence of the Gospel , & upon the matter but as a couching of Asses under the burden : they would sooner have parted with their lives , then with one hoof of what belonged to their Master : They thought it more worthy of a watchman , to put all on their guard , upon the Least appearance of the approach of an enemy , then suffer themselves to be shamefully surprised in their security : And they thought it more like the good souldiers of Jesus Christ , to cover the ground where they stood with their dead bodies ; then , as afraid or terrified by their adversaries in any thing , to make a dishonourable retreat : He who would have put them from witnessing a good confession , when the danger of the work of God , called them to cry aloud & not to spare ; behov●d , not onely to have threatned them ( for that would not have done the businesse , they being men of such mettall , as could have looked death out of countenance in it's most formidable shape , & carryed in the face of all opposition , as these whom no affliction could make miserable ) but to silence them perfectly , he behoved to have sent them into the other world ; whith could not be terrible to them , who had the certain expectation , that if so dismissed , they should take up their place amongst the soul under the Altar , slain for the word of God , & their testimony that they held : And I may say particularly , to the commendation of the grace of God , in this his faithfull servant ( who having served his generation according to the will of God , is now fallen asleep ) that to the observation of all , he never was afraid of the face of man , in appearing for the interests of Christ ; neither knew he what it was to be silent , when he saw these in hazard ; nay , he was such a son of Levi , as knew neither friend nor brother in the matters of God : Which blessed disposition did accompany him to his grave ; for though such was the indulgence of his Master to so faithfull a servant , that he would have him to die in peace ( though he denied him not the honour of a martyr , dying under a sentence of confinement to his own house ] plucking him out of the jaws of a bloody death , wherewith he was threatned , & which was intended for him , by them whose indignation had almost come to that hight , as to say upon the matter , bring him hither upon the bed that we may kill ●im : for not being satisfied with the testimony of the Physicans , nor the Magistrats , nor the Ministers of the place , certifying , that he was not able to travell to Edinburgh [ as by the s●quel was too sadly confirmed ] he was confined in his own house , when he was not able to goe a broad , & put to shame in that place , where he had deservedly gained the reput of one of the most learned & succesfully laborious Doctors , that ever had filled that chair , & of one of the most faithfull & diligent Minister that ever watched over , or laboured amongst a people . Ah Scotland , Scotland whither hast thou caused thy shame to goe ? If it had been an enemy who had sought to deal thus with thy Secrs & faithfull Prophets , it had become thee better , to have hide these by fifties in caves , from the fury of their enemi●s , or if thou couldest not have preserved the lives of such worthies ; either to have died with them , or to have made it appear , thou onely lived , to lament the loss of a greater treasure , then if thou hadst lost all the gold of Indie and Ophir ; but for thy own sword to devour thy own Prophets , & that under the colour of law , what canst thou say for this that will satisfie ? what Apology canst thou make to God , for misusing his Prophets & shedding the blood of the just in the midst of thee ? What canst thou say for satisfying the Nations , who have heard of the renown of these men , these precious sons of Zion , comparable to fine gold , who have been dashed in pieces in the midst of thee , & delt with , as earthen pitchers , the work of the hands of the potter ? wilt thou not be speechlesse , & not have wherewith to Answer him that reproveth & reprocheth thee ? Canst thou look fordward , & not blush to think , what succeeding generations will say of thee ? What wilt thou say , when it shall be asked , by one whom thou must Answer , what manner of men were these whose blood thou didst had ? ( however thou hast represented them now as malefactors , that thou mightest deal so with them ; yet then must thou say ) all of them were as the sons of Kings . Ah Scotland , Scotland , the most solemnly ingaged to God , & the most guilty & ungrate of all the nations under the heaven : Doest thou not fear after all this , the cry of the souls under the Altar ? Saying with a loud voice , how long O Lord , holy and true , doest thou not judge & avenge our blood , on them that dwel on the earth ? Thou was once made use of as a Carpenter , to f●ay the hornes of them , who did push the in heritance of the Lord ; but now the spirit of the hornes hath entered into the Carpenters : & doest thou think thy self secure after all this ? It 's true their is no visible power or party upon earth , of whom thou hast much reason to be a afraid ; but remember that he who is higher then the highest regardeth , who will mak inquisition for the blood of his saints which thou hast shed & his interests : If thou wilt feare nothing else , let me recommend the Scythian fear unto thee , of whom it is reported , that they fear nothing , but that the heavens should fall upon them : Alas ▪ if thy enemy be above thee , how wilt thou guard thy head , o● secure thy heart , when he gives the blow , & recompences thy way upon thine own head ? but if thou wilt still goe on , & in stead of smiting on thy thigh , & saying what have I done ? harden thy self , & think to prosper , I shall desire Grace to have such a frame of soul , as to weep for thee in secret : But to returne to my purpose from which this sad meditation hath a little withdrawn me : though such I say , was the tenderness of his master to this servant ; yet when he had nothing else to complain of ( being for many dayes together before his death , filled with as much joy of the Holy Ghost as he could hold ) he went away regrating this ( though with a sweet submission to his Master's will ) that he died not in that bed of honour , and was not brought forth , to breath out his life & last upon a scaffold ; since his Master was dealing such favours amongst his followers ( for to some ( and blessed be he eternally who carried them honourably through ) it was given , not onely to beleeve ; but also to suffer , and to the conviction of their enemies , as men who seemed rather to triumph over that King of terrours , then to de daunted by it's dreadfull aspect ) & since he was taking such proofs of the fidelitie & affection of some of his followers . It will not be amiss , for this purpose , to insert his own words , which were taken from his mouth , not once but often reiterat : Now [ said that faithfull servant , even when he was upon the threshold of glory , ready to receive the immortall crown ] my tabernacle is weak , & I would think it a more glorions way of going hence , to lay down my life for the cause , at the Cross of Edinburgh or St Andrews ; but I submit to my Master's will. Is it any wonder then I say , since he , & these other worthy mens way in witnessing for God , was so unlike ours & so far beyond what is to be found in our faint appearances for him , as the one keeps no proportion with the other ; that there should be so remarkable a difference , betwixt his bearing witness to ; & testifying his complacencie in what they did , & what we doe : if there be , for the most part ; some proportion , betwixt the dispensation of God , & the disposition of men ; What wonder ; that he who admitted them to the nearest familiarity with himself , deal thus with us , & so let us know his breach of promise● nay , if there be any thing strange , & to be wondered at in this ? It is rather , that he hath not been more terrible to us , by writting his displeasure against our lukwarmness in greater Characters ; then that we have not been more indulgently dealt with . It is exceedingly of all our concernments , to lay this to heart , & seriously to consider , whether this be not the very thing that maks him keep a distance from us ? I suppose , upon a very overly search , & survey of our way , it will be found , that by our unworthy carriage in his matters , we have rewarded this evil to our own souls : Our suffering [ if it deserve that name ] is with less edification & advantage to the Church , and less comfort to our own souls ; because of our testimony be weighed in the ballance of the sanctuary , it will be found light , and to want many pounds , not onely of what it ought to have , but what theirs had , whose work was found perfect , before God. But if we be really desireous , to be dealt with as they were [ & what is so desirable , next to heaven , & the coming of the Kingdom of the son of God upon the earth ] let us endeavour to carry as they did : were they not men of the like passions & infirmities with us ? why then , should not we aime , to be men of the like faithfullness & zeal with them : then is it , that we may hope to have sweet and halcyon dayes in his service ; such as will make us the envy of our enemyes , a comfort to our friends , & an ornament to our profession : hereby shall a good report be brought up upon the wayes of God , & we shall be living witnesses , that Godliness with all disadvantages , & when accompanied with the fiery trial , is great gain , & hath it's hundred fold in this life , even with persecution . Let us study to be like them in going about our Master's work , and then we have rationall ground to hope , that he who shewed by his dealing with the cloud of witnesses that went before us [ & doe still compass us about , & call us to follow on ] that he was not unrighteous , to forget their zeal in doing , their patience in suffering , their work & labour of love ; will also remember us , with the favour that he bore to these who went before us : then may we expect that he will say to our soul in secret , when we have faithfully acquit our selves for him in publike , goe your way now , & eat your bread , though it be brown , with joy , & drinke your drink , though it be not wine , with a merry heart ; for I have accepted your works , & these are come up in remembrance with me . O but one of these hours , which 〈◊〉 Rutherfoord had in God's company , were worth many years suffering , & sweating in the heat of the day ! I know the Pre●●us & their Party , will think themselves at a loss , to heare of it , or have it said , that God did admit to such familiarity with himself , his faithfull witness against the wickedness of their way [ 〈◊〉 grant indeed , it is a special prejudice to them , for though it b●●●range , yet they who persecut his favourits & followers , would even he thought to doe God good service ] but lest I should seem to say , that there was some singularity in God's dealing with him [ which I know would grat the eare of some of them , who pretend to be chief amongst the rest , that had a particular splen agai●● this eminent servant of Jesus Christ , I need not trouble the world in telling them who he is , that being no secret , though I know not , whether he would blush to have it said , he hated & persecuted a man , so greatly beloved of God , & dear to all his people , or if he would not rather boast of it , I owe him the charity that the latter of the two will be his choice , and that for fear of being charmed he will stop his eare from hearing that , why persecutest thou me ? & will essay to justifie himself , & satisfie others , by saying ( according to his accustomed candor & conscience ) that he was a ring-leader amongst the Phanaticks : it will sound harsh also I know , in the ears of them , who , in joyning with him , have served themselves heirs , to these , who went before them , in persecuting him , & such faith full men as he was : For as they have come in their places , so they persist in ther practices , onely with this difference , that in making havock of the Church of God , they out doe all that ever made Apostasie to that way , & run at that rate , in endeavouring the ruine of the work of Reformation , as if they were afraid to be out-run by any who should come after them , or have it said , that there had ever been men , who with more malice did persecut , & stretch forth their hands , not against certain of the disciples , but against the whole Church of God : Reader Pardon I pray thee , that I now and then digress in a parenthesis , while these men come my way , for thou knowest very well according to the proverb , that the devil should have his due & I desire to doe them justice , & here I close it ) If they should take it ill I say , to have so much said to the advantage of this worthy man , If it will be acceptable to them to heare it , I have a mind to gratifie them so far , as to say , that Mr Rutherfoord was not alone in this ; as his practice in that opposition , was not peculiar to himself ( for he but wakled in the way of them who left him an example , to continue with Christ in his temptations ) so , his priviledges wer not so peculiar to himself , that he had none to share with him : And therefore I say [ if they can reap any satisfaction by having it said , or if they have a mind still to quarrel , see if there be any of them in case to convince me of a falshood ] that God mad it known , not onely to themselves but to the world , how highly he esteemed the fidelity of others also before him , who were his constant witnesses against introducing & est bl●●hing of Prelacy in Scotland , he not onely made themselves finde what favourits they , were by putting them ( if I may say so ) upon his secrets : ( for Mr Davidson , Mr Welsh , Mr Bruce & many others of the valiant souldiers of Christ & worthy witnesses in their time , were known to have been Prophets ( which I could evince by many particular passages , but they deserve a more honourable mention , & it may be some will undertake it , then to be shut up within the limits of a parenthesis ) particularly renowned Mr Welsh , who at home , & a broad in France , was taken notice of , as an extraordinary man , as a servant from whom his ! Master did not conceal what he was about to doe : not one word hath fallen to the ground , of all that , which by that Seer was foretold , concerning the trouble of Scotland : Hath not the sword of strangers , according to his prediction , been made drunk with the blood of the slain ? Is not Christ crucified this day in Scotland , which he foresaw would follow ? Yea , & buried too ; & for fear that he should ●ise again , there is by the procurment of the chief Priests , a watch set , the great stone rolled to the mouth of the s●pulchre is sealed , & all made as sure as they can : because if he rise upon them again , this last errour will prove worse then the first by far : the Lord I say hath fullfilled in every circumstance the word of his servant hithe●to ; onely the last part of it is not vet accomplished , wherein he foretelleth of the glorious resurrection of Christ crucified & buried in Scotland ; but the exact accomplishment of the former , puts us in expectation of the latter , not●ithstanding that the great stone of an Act res●●ssary , & many subsequent Acts suitable to that sad One , is rolled to the mouth of the s●pulehre , & not withstanding that the Priests ( the Prelats I should say ) have by their importunity , procured an order from the Magistrate to make it as sure as they can , & being now clothed with the for mality of that law whereby he was crucified ( for alas we have a law now , by which law he must die ! ) they are most diligent in setting their watches & making all fast : This is the thing I say , that his sad hearted disciples are in expectation of ; notwithstanding of all the endeavours of his enemies to the contrary , & then Prelacy in Scotland will breath out it's life & last togither : for between Christ's rising & reigning , & their falling , there hath ever been seen amongst us , a certain connection : And truely for as great an enemie as they may think me , I would make a very friendly overture unto them ( I grant I come to counsel uncalled , & I hope also , that my soul shall never enter into their secrets ) & this is the advice I have to give them , that they would even look so far before their nose , as to make their Testament , so long as they are in case to goe to Kirk & market ; but I fear I lose my labour ; for ere ever Iudas will part with his pieces , he is in the next door to hang himself , & who can help it ) God not onely dealt thus with them , I say , as to put them upon his secrets ; but he made their very enemies take notice of them oftimes , as men that had been with Jesus . Hath it not been a heart-staying , & hand-strengthening , remarke amongst the servants & people of God in our native Land , especially in a declining time , that God did singularly shine from heaven upon , & shew his satisfaction in the way , & towards the persons of these of his servants , who stood firme in their opposition to Prelacy ; and that he did as signally , one way or other , either sooner or latter , give significations of his dislike of the way & persons of them who turned aside to these crooked courses : And was it ever more visible ( as to the latter part ) then at this day : It may be that they will think it sufficent to convince me of a●ly , that their greatness & grandure is such , as if they had monopolized to themselves all the riches & honour of the Nation ; but if they will have patience to heare me to Amen , I may possibly convince them of a truth they , are not willing to hear ; for I not onely grant , that they have forgotten their Master's directions , inhibiting them , to to lift up themselves above their brethren ; but I will grant them this also [ for they most have much given them ] that they have carryed away the primacy , & precedency from the Nobility , on whose necks they now trample ; but when all this is granted them , yet they have not convinced me of telling an untruth : they must have leave to put out mine & other mens eyes besids , ( which we are not willing to give them ; though if any man would gratifie his Grace , & their Lordships , he must part with these in the first place ; for an implicit faith is the basis & foundation of their Kingdom of darkness , without which , it would fall about their cars , & but overwhelme them in the rubbish , & that would be very sad to them , for I suspect they have no great minde to die ) before this come so much as under debat , almost with indifferent men , whither God be angry at their way ? His very giving of them up , to persecute his people & servants , sayes nothing , if it say not this ; that what ever be their outward prosperity , he hath classed them with Pharaoh , in pouring out his plagues upon their heart : Is not this seen , that so soon as a man becoms serious in seeking of God ; he becoms the butt of their malice , & the mark against which they bend their bow , & shoot the arrowes of their indignation ? And so soon as any begins to mind seriously the concernments of his soul , then , sine monitore , he falls in a dislike with them , & their way : I doe not say , that all who hate the Prelats are Saints , for their is sufficient in their way to make them odious to others ; but is not this known , that these who once begin to set their face towards God , turn their back upon them : I am sure this observation does seldome fail , or can be proved false in our native Land : And then on the other hand , since these men were exalted , doe not the wicked walk on every side ? Is there not a profane spirit ( the constant attendant of Episcopacy in Scotland ) broken loose in the land ? Is there not such a flood of impiety running through the land , that carryes most men down the current , as hath hardly been seen ? hath not this leprousie spread it self over the whole land ? So , that we are an abomination & talk to all about us : And if any would endeavour to accomplish a diligent search , to finde out the fountain that casts forth this mire & dirt , to the defiling of the Land , & defacing of congregations , he would it may befind it , where it ought lest to be expected : These streams of impety & impurity run from the sanctuary , hence is it , that profanity goes forth through the whole land ; & can it be otherwise when so many faithfull Ministers are driven away , & men put in their places to handle the law , of most of whom without breach of Charitie , it may be said , that they know not God , & care not for the souls of his people : It 's under the shaddow of this plant ( which because it is not of our heavenly father's planting , we live under the expectation , & , though our eyes should be shut before we see it , we hope to die in the faith of it's being pluckt up ) that these weeds have grown up , so that alas ! The vineyard of the Lord of hosts , is now no more like his inclosure , it bringeth forth briers & thorns in stead of good fruit : He planted the church of Scotland a noble vine ; Wholly a right seed , but since it became a seminary for Prelats , the conversation of the generalitie proclaims this , that we are turned into the degenerat plant of a strange vine unto him : This is the Prelaticall reformation , which is sutable to it self all along ; for having purged out of the church , the faithfull Ministers of Christ [ & the few who are yet remaining , being in expectation of the same lot ) what can follow among the people ; but , that the Land should be drowned with a deluge of profanity : And are we not for the most part [ Oh if with a suitable measure of sorrow I could make mention of it ] as the children of the Ethiopians to him ? Are not our spots , unlike the spots of his people ? This observation I say , as it was a very heart-staying consideration in former times , & was in stead of many arguments amongst them who where no great disputants ; so I hope : [ since it was never more evident ) it will still prove a heart-establishing consideration in the faith once delivered to the saints . Reader , how desireous soever thou mayest be , to have dead Mr Rutherfoord live , in the hearts of the present and succeeding generations , by an account of his singularly gracious life , & answerably glorious death : yet , I shall not ( for that would lead me a length beyond the just limits of an Epistle , where , contrary to my purpose , I finde my self almost arrived allready ) be able to satisfie thy desire , nor answer thy expectation . It 's not my present work to tell thee , that he was a Gentleman by extraction . That he was educat at Scholes & Colleges , where he was admired for the Pregnancy of his parts , & deservedly looked upon , even then , as a person of whom great things might be expected : Of his being pitched upon for a Profession of Philosophy by the College of Edinburgh ( where he was educat ) when he was yet very young : Of his being called thence to the Ministery in Anwoth ( to which charge be entered , by the means of that worthy Noble-man my Lord Kenmur , without giving any engagment to the Bishop ) where he laboured night & day with great success , the whole countrey being to him , & accounting themselves , as his particular flock : There it was , where he wrote that great Master-piece of Learning against the Arminians ( wich yet was but a compend of what he then intended ) his Exercitationes Apologeticae : Of his persecution by the Prelats , who were so sound in the faith , as to challenge and accuse him for writting that book : Being called before their high Commission court , he appeared & declined it , as none of the Courts of Christ [ nor was there need of any thing else for a confirmation that it came not from on high , but from below , save it 's procedor ; for it's Acts had the very dy and visage of hell upon them : If they will plead that it is from above , they will be pusled to pitch upon a period , or fix upon any other time when it came down , except with the fallen Angels ; but it may be , this please such Angells of the Church [ so they will be called ] for they boast much of Antiquity : And truely that which gives ground ●or this conjecture , that it came down from heaven in that company , is , that it persecuts the saints , and servants of the most high ; & if there were none such upon earth , it would have no work ] & was by this high Commission put from his ministery , & sent to Aberdeen , where the Doctors found to their confusion , that the Puritans were Clergy-men aswell as they : Of his returning to his former Charge , upon that happy change of affairs , in the Yeer 1638 : & his being shorthly after sent to the profession of Theology in the Vniversity of St Andrews by the Generall Assembly ( where he was also called to be worthy Mr Blair's Collegue in the Ministery ) which being the seat of the Arch-pre●ate , was the very Nursery of all superstition in worship , & Errour in Doctrine , & the sink of all Profanity in conversation amongst the Students : where God did so singularly second his servants indefatigable pains , both in teaching in the Schooles , & preaching in the Congregation , that it became forth with a Lebanon , out of which were taken Cedars for building the house of the Lord through the whole land : Not a few of whom are this day , amongst these , who have obtained mercy of the Lord , to be his faithfull witnesses , against Scotland's present , shamfull , & unparaleelled defection : Of his being sent with other worthy Ministers , by the Generall Assembly , to the famous Synod at London ; where , during the time of his aboad , he published severall pieces : In a word of his unparaleelled painfullness , & holy Zeal in being about his Master's business ; so that he seemed to pray Constantly , to preach constantly , to catechise constantly , to be still in visiting the sick , in exhorting from house to house , to teach as much in the schooles , & spend as much time with the young men , as if he had been sequestrat from all the world besids : & withall , to write as much , as if he had been constantly shut up in his closet [ sufficient proof whereof , hath been given to the world , by the many pieces he hath published ; but the great bulk of Manuscripts which he hath left behinde him , & must lie buried with himself , will put this further out of doubt ] so that one Mr Rutherfoord seemed to be many able godly men in one , or one , who was furnished with the grace , and abilities of many . It is not I say my present purpose ; to give any particular account to the world of these ; or of the many things he had to wrestle with , especially towards the end of his dayes , & of his edifying death ; that may be done herafter , by a more dexterous hand , & skillfull pen , with much advantage & edification to the Church of God : Onely I may say , that if amongst the heathens , Hercules was looked upon , as so far both above the applause of any , who undertook to commend him , & beyond the reach of the obloquie & reproach of any , who had so fallen out with his wits , as to derogat from his worth ; that it was a Probleme amongst them , whether he who undertook to praise him , or he who vented any thing to his prejudice , did commit the greatest Soloecisme ( though it was but Belluina gloria whereof he could boast ) I suppose , with more reasō , among them who know better to make the true paralleel betwixt things that differ , & are more fit to judge of that , which is of true worth , & great price in the sight of God , I should seem more ridiculous to say much to the advantage of the Author , whose praise [ without the help of my blunt pen ] is in all the Churches of Christ ; whose manner of life , in all Godliness & holy conversation , rendered him dear to the lovers of holmess , & who hath left his name for a blessing to the chosen of God : he was a true Iohn the Baptist indeed , totus , vox , a voice in habit , gesture , & conversation : in a word , in his life , & at his death , he obtained that mercy of the Lord , even when he said nothing , to preach to all who beheld his conversation ( which was observed to be in heaven , while he conversed amongst men ] that their was nothing good ; but to draw near to God : And now being got up above , amongst these pages of honour , who wait upon the King 's own person , & having taken up his place amongst the spirits of just men made perfect ( after which this saint often panted & for which he prayed night & day ) he doth by these Epistles , which he hath left behinde him [ wherein thou wilt perceive how his soul was drawn forth in uncessant longings after that whereof he is now possessed ] cry aloud to you his companions , the saints that are in the world , to come up hither & see , that , which cannot be seen while ye are there ; that , which is onely worth the seeing , that , which if it were known , would make you quarrel with death for delaying to shut your eyes upon other objects : Leave the dark world ( doth he say ) & come up hither to this blessed land of light , where all our childish thoughts of God are gone , & evanished in this noon-day-vision , where the understanding is fully illuminat , & there is no cloud to be-night or eclipse the soul in it's uptakings of God , where the will hath a through compliance with , & a perfect complacencie in the will of God , where the affections doe eternally run in a straight line towards him , & are for ever put beyond hazard of diverting towards any other thing , or of being enamoured with any other object . Though I have no purpose , to insist on the particulars of his life , or death I say , yet before I close this section , there are two things which I cannot , I ought not , for all the haste , to conceal or let pass without a remarke , because one was looked upon by many , as a thing very observable , & the other , will I know , be taken notice of , & welcomed by all the people of God : The first relats to the time when this faithfull labourer was removed to his rest , which was the night following that darke , & dismall day , wherein the Act Rescissorie was past ; the Lord thereby shewing a special piece of indulgence to his servant , in not adding grief to his sorrow , but hiding it from these eyes , which had accoustomed themselves to trickle down without intermission , both for what he saw , & what he foresaw : Since the Parliament of Scotland , so solemnly engaged to God , would at once burst all these bonds , & cast away these Cords from them , which were neither our bondage nor our burden , but the badge of that glorious liberty , whereinto with a strong hand he had vindicat us : & upon the matter , they would needs say to the God , whose sworne subjects & servants they were , be gone from us ; he would not let his faithfull servant ( whose zeal to the work of God was such , that if the report of this shamefull revolt had not killed him at the first hearing outright ; yet it alone without any other sicknesse , would have been more then enough , to have brought down his head with sorrow to the grave ) see another sun arise upon that Land , out of which the sun of righteousness was banished by a law : And alas ! Who would desire to dwell , where Christ may not reside , with freedom , honour , & safety ? Who , that prefers Jerusalem to there chief joy , would love to out-live the departing of the glory ? Might not Jesus Christ have said to our Parliament , for which of my good deeds is it , that ye stone me ? Have I been a wildernesse or land of drought unto you ? Were ye not honourable & renowned amongst the Churches abroad , after ye became precious in my sight ? Did I not make your Adversaries sensible , that he who touched you , touched the apple of mine eye , so long as ye were stedfast in my Covenant ; & even after ye had left your first love , & declined from the integrity of your espousalls , I onely visited this transgression with the rod , & this iniquity with strips ; nevertheless , my loving kindness did I not utterly take from you , nor suffered I my faithfulness to fail : though I punished you as a Nation , I dwelt amongst you as a Church ; & I did not remove your teachers into corners , but your eyes did see these , & ye did still hear the joyfull sound , & , as if all that had been to little , I gave you the desire of your heart , restored you to your civill liberties , which ye had sinned away , & set you down in a free Parliament : And doe ye thus requit me ? What , is this my entertainment , where I was once crowned & cryed up for a King ? What a strange & astonishing change is this , that the very persons who swore unto me the Oath of alleagance , & did sing in my company , spreading their garments in the way with shouting , are now crying , Crucifie him , Crucifie him ? Shall I not have whereupon to lay my head , except it be on a cold stone in a prison , amongst a people , who after a most solemne manner , had given themselves away unto me ? Can these be the very men , who with hands lifted up to heaven , did so often , & so solemnly swear , before my father , & before his holy Angels , & in the sight of all the Nations , that they would be mine ; and that I should have their lives & fortuns at my disposal ? Is it possible that these are the men , who carryed , as if they would have pluckt out their very eyes , & given them unto me , who now plat a crown of thornes & put upon my head ? Is this the Nation & Parliament , who swore that they would serve the Lord their God , & that according to the Paterne shewed them in the mount , & bound their soul to his obedience by an Oath , and as they should answer to him , or expect a comfortable appearance before the judge of quick and dead ? Are they [ might he say ] the very same persons , or is it another generation , who have not heard of that solemne transaction betwixt me & the Nation , who have used me worse then the very Gaderens ? though these were void of religion ; yet they had so much civility , as to complement me out of their coasts , & pray me to be gone , without committing any other Act of hostility against me , or beating me out of their borders with tuck of drum ; but now , shall it be by a law , sedition , & treason , to assert any obligation to me , from all these Oaths ? Shall it be a Note of incapacity for any place of trust in Church or State , to say , that the land is under the Oath of God , & that no power on earth can loose themselves , or make void that obligation as to others ; nay , that the formal abjuring of these engagments to me , shall be , if not the unum necessarium ; yet the sine quo non , to qualify a man , for any publike employment : Ah! Scotland by dealing thus with thy Covenanted God , what hast thou done ? may not God who was thy own God expostulat with thee , as he did with that people Jer. 2 : 10 , 11 , 12. Goe abroad amongst the Nations , turne over all History sacred , & profane : Call for the records of the nations , & see , if in these thou caust finde any who have dealt with their God , as thou hast done ? A precedent thou mayest possibly finde ; but a paralleel in every respect thou canst not : Thou art singular , & by thy self , in committing these two evils ( but such two , as are comprehensive of all others : such two , as a third is not possible ) departing from the living God , & digging to thy self broken Cisterns that can hold no water : Thou wilt finde what folly is in this [ I wish it be not too late ] to pain thy self in digging an empty Cisterne & in forsaking the fountain of all consolation , & that a broke on too : as it hath nothing in it , so it can hold nothing if it had it : is not this to commit two such evils as makes a soul or nation truely miserably : And yet this hast thou done : O! may not the heavens be astonished & horribly afraid at this requital we have given unto Jesus Christ ? yea , we were so bent to backsliding , & so hasty & head-strong in departing from him , that we seemed to have lost , togither with our loyalty to the son of God , all respect to our own reputation [ as it often falls out , that men lose the better part of their reason , togither with their religion : He who Lets goe the one , does seldome retain the other ] for by that very vote ( never to be mentioned , without tears and detestation ) whereby Christ was robbed of his prerogative , they did ( besides their designe ) divest themselves of their own priviledges , & while they un-king him , whom God hath made King in Zion , [ or doe that which he will-account so ] they un-parliament themselves [ Dirum omen to them , & it may be , a token for good to the Nation ] I nothing doubt , but some of the most sagacious amongst them saw this then ( though the generality without considering either the ditch they were digging for themselves , by what they did ; or the danger that would follow upon their falling into it , suffered themselves to be carryed down with the current , & did run as they were driven ) or they have had time enough since , to think , in what capacity they could sit , & act , after that Vote ; for all lawes being then repealed , which did exautorat the Prelats : & incapacitat them for sitting , as one of the Estats in Parliament , & these laws then , onely being in force , which made them an integrall & essentiall part of the high court of Parliament , the third Estate was wanting , while they wer away ; without which the other two were not in Capacity to Act as a Parliament ; & if so , they may at their own leisure consider , whether , the precious blood that they did shed after that Vote , before the close of that session , may not be required at their hands as-they would doe well , to think what they would answer before men , if the question were asked , quo warranto did ye shed this blood ? It may be , they would finde themselves further to seek , as to what to say for satisfying any , the they found these worthies in answering all the accusations of their accusers : But what shall I say ? It were more fit , to weep over this , then to write it , & to cry unto him , against whom this is done , Wilt thou refrain thy self for these things O Lord ? Wilt thou hold thy peace & afflict us very sore ? Alas we made such haste , to pull down that beautifull house , wherein we & our fathers had praised him , & to overturne the very foundations of the dwelling place of his name to the ground ; that in our precipitation to raze it , we have buried our selves under the rubbish ; for they are blinde who doe not see the mē who have done this , snarred in the work of their own hands : & this till more come , should make the people of God Sing a Higgaion Selah . O if all who have had a hand in it , would in time bethink themselves ! Sure , in that reflection , if they were serious , they would smit on their thigh , & say , Alas what have we done ? The second thing that I have to acquaint the with , & wherein I know ( if thou be one of them , who take pleasure in the dust of Zion's demolished walls ) thou wilt have a special complacencie , is , that as his servant did with much sorrow of soul foresee , Scotland's shamefull revolt ( which is plain by the last letter in this book ) so , his Lord & Master , put him so far on this secrets , as to let him see a delivery to the church on the other side of it : Let us have but patience , there is a Plaudi●e for the saints & a song of praise for the most high , after this storme is over & ended : mourne we may & ought ; but let us mourne in hope ; for he is the Lord Iehovah who will hasten it in his time : Which as it cannot be antidated by us , so it shall not lie in the power of all that oppose themselves to postpone it : And to that purpose , besids what thou mayest see in the last letter of this book , I shall set down some of his own words without either comment , alteration , or addition . Upon the last of Februvary 1661. Which was about a moneth before he died , at the close of a large Testimony he gave to the work of Reformation : These were his words ( after he had been speaking of suffering for Christ , ) blessed soul ( said he ) who loves not his life to death ; for on such rests the spirit of Glory & of God , 1 Pet. 4 : 14. But we cannot say , but this is a day of darkness , & a day of blasphemy , & rebuke : The Lord hath covered himself with a cloud in his anger : we looked for peace but behold evil , our souls rejoyced when his Majesty did sware the Covenant of God , & put thereto his seal & subscription , & after confirmed it by his royall promise , so , that the subjects minde blessed the Lord , & rested upon the healing word of a Prince , but ●ow Alas ! The contrary is enacted by law , the carved work broken down , Ordinances defaced , so that we are brought to the former bondage , & Chaos of Prelaticall confusions , & Anarchy : And the royal prerogative due to Christ , pulled off his head : we havo seen dayes of sorrow , & have just cause to fear we be made to read , & eat that book , wherein is written , Lamentation , & mourning , & ●●e ; but we are to believe , that Christ will not so depart from the land , but a remnant shall be saved , and he shall reigne a victorious conquering king to the ends of the earth : O! That there were Nations . Kinreds , tongues , & all the people of Christ's habitable world , encom passing his throne with cryes , & tears for the spirit of suppl●●ation , promised to be poured upon the inhabitants of Iudah , for that effect . Thus he closed his Testimony : I shall onely adde another passage to this purpose : About two hours & an half before he was removed : Amongst other things he spake , which did relish of heaven , & refreshed the souls of all that heard them , he had this expression : I doe no wayes doubt of it , but Christ will arise & wound his enemys in their ●oins : This was onely taken , but the observer saith , he had many to the same purpose . Now , this was that very night , wherein the Act Rescissorie was past : As if God who had taken notice of such an high affront done to him , would let his dying servant know , to the end he might communicat it to others , that he would not onely repeal that Act , but that he would rescinde the rescinders : A wound in the loins , when the blow is given by the hand of him , who is God Almighty most prove mortall ; If he wound them there , they most fall , though they were stronger then lions ; for who may stand before him , when once he is angry ? The men of might will not finde their hands , when the party they engage with , is the Omnipotent God : When men are become so high , that they are too hard a party for any on earth to deal with , if their way be contrary to him , then they fall directly in his hand , to deale with them ; & it is a fearfull thing to fall into the hands of the living God : He is such a party , as thou canst neither fight nor flee : Oh Scotland , Scotland , if thou wouldest yet think on thy way & remember this , before he come to enter the lists with thee , who quickly puts his enemies out of a posture of defence ! O , if thou would yet kneel before him , whom God had made King in Zion , & kisse the son lest he be angry ! For if he be angry thou must perish , & there is no way to prevent this , but to remember from whence thou art fallen & repent & doe the first works . As for the letters themselves , I shall not offer to commend them , they had letters of recommendation deeply engraven on the hearts of all who have seen them , & can savour the things that are of God ; this they had I say , amongst them who have their senses exercised to discern good & evil , long before they were made thus publike in the world ; so they need not my commendation , nor will the detraction of any , who have a minde for that , blast their reput ; as they are above the one , so they dispise the other ; but sure I am , this may besaid , if thou hast any acquaintance with the sweet breathings of the spirit of God , if thou hast ever seen by tasting how good he is , or hast found what soul-anguish doth follow upon the hiding of his face from a person , who hath placed his satisfaction so entirly in the light of his countenance lifted up upon the soul , that the man cannot enjoy himself , when he doth not enjoy him , but carries as one deprived of all that , which made life more desirable then death ; if thou be such I say , then thou wilt finde somwhat hereto take thee : here thou wilt perceive both these conditions set before thine eye , & examplified in an eminent saint : thou wilt both finde what a heaven the saints have , or is to be had in this side of glory & how , as a sensible presence maks them forget all their sorrowes , so , a felt absence doth imbitter a●l their other enjoyments . In Generall I may say this of these Epistles [ & it may be after thou hast perused them , thou wilt seal it ] that thou hast many volumes wrapt up together in a few words , a great soul shut up in a little body , much of the marrow of real religion , inclosed in every line : If thou be onely taken & delighted with obstruse & high-flown notions , which have not a native connexion with inflaming the heart , with love to God ; but are rather the Ignis fatuus of the age , being for the most part , smoak for light , or at best , a dime flash , rising out of the darkned understanding of men , whose light , till they be illuminat from above ; as it arises out of a darke dungeon ; so , it leads to destruction , & in stead of directing the man who followes it , to a place of rest , it leads him to the pit , & leaves him there to perish . If thou be taken , I say with such kinde of stuffe ; I shall not bide thee , but I know thou wilt goe else where ; but if thou be one , who loves not to feed upon ashes , & hast no minde to fill thy belly with that east winde , which in stead of nourishment , produceth nothing but much torment in the inward parts , I know thou wilt welcome this piece , as that which hath both meat & medicine for thy soul in it : Here thou wilt meet with one warmed with the love of God , shining & reflecting heat upon all that are about him , letting thee know from his own experience , what is to be found in a fellowship with God , & desireous of nothing so much , as that thou & others may share with him in that same love , which is better then life , & be partakers of that same blessedness , which made him boast of God all the day & blesse him self in his afflicted lot : He would have thee taste of that , which made him cheerfull under the cross , & put him in case , not onely to look , but to laugh all his troubles out of countenance : And if thou wilt but converse with him a little , it may be , thou finde thy heart burne within the while thou talkest with this warme soul , whose words seem as they drop , to cast fire in the affections , & set the heart in a flame . The Author in his other writtings ( which have alwayes a special tincture of holyness ; for even in following the most obstruse notion , & apparently remot from practice , thou wilt still perceive him spirare sanctitatem ) he is much above many men ; but in these ( how low soever at the first look they may appear ) he is above himself , being often , either as a man elevate above the pitch of mortality , & caught up allready into the Quire of Angels , or as an Angel come down amongst men , shewing the inhabitants of this lower world , somwhat of that , which will be still a great secret , while we are here , to wit , what a life they live , who see God as he is , & enjoy him . For the subject matter thou wilt meet with in these Epistles , I shall not say much , there is a sweet & pleasant variety of purpose to be found in them , whereof thou canst onely expect a just account by a perusall of the whole ; but mostly thou wilt finde these things insisted upon . 1. What high spring-tides of joy & consolation , did fill & overflow the soul of this sufferer , so , as sometimes ye have him expressing himself as pained with a surcharge of love [ O rare & blessed disease ] & having nothing else to seek , there are earnest longings , after a more capacious soul , to contain more of that infinit Ocean , which hath neither brime nor bottome : This is the gain of one who can suffer the loss of all things for Christ : This is the cool refresing shade that they finde in the furnace , which not onely keeps the fire of affliction from scorching them , or consuming them into ashes ; but maks it a more desirable lot , then what others account the best of lives : the soul amidst these flames being admitted to such a neerness with God , as causeth joy to overflow all it's banks , & perfumes the heart with delight , is so far from complaining , because of the fiery triall , that the cross of Christ is more desirable to it , then a crown : and since it is there , where nex to heaven , his people enjoy most of himself , it maks them sing sweetly amidst all the outward sorrowes that befall them , & puts them in case to command a consort of Musick within , while others in their fool's paradise , laugh as they list , have sadness at their heart , & finde themselves peirced through with many sorrowes . 2. Ye have sometimes a felt emptiness ( for this full feast , is not , or cannot be the ordinary diet , it may well be the extraordinary disert of the people of God , while they walk by faith & not by sight ; the constancy of that joy , aswell as the fullness of it , is reserved for the chamber of presence , no saint how eminent soever , even in suffering for Christ , can expect , that all tears shall be wiped from his eyes , till he come to that land , where all the inhabitants have ever lasting joy upon their heads , and where he will be put beyond hazard of sinning , aswell as without the reach of suffering ) there is somtimes a felt emptiness I say , that casts into a fever of desires : That river of God that is full of water , which did overflow & refresh the soul , running again into that sea whence it came ; & in this low ebbe , ye see how the patient , is pained with absence ; & what a panting there is for a sensible presence ; the soul as it were is evapourate in such wishes as these , O when wilt thou come unto me ! Or , O when shall I come & appear before thee , & be put once for all , & for ever beyond the fear of the arising of any cloud to eclipse the light of thy countenance ! The soul in this absence , is scorched with the fever & flame of burning desires ; but to keep it from being burnt up , there is hope , this holds the soul in life that it expire not ; this saves from swooning & perserves from sinking into despondency : And though while hope is deferred , the heart be sick ; yet there is ease in this very pain , for an unerring expectation of a future good , yeelds a present ease to the expectant , & maks the man give himself the Check thus , why art thou cast down O my soul ? This sickness was never yet unto death , but ever to the glory of God , therefore hope thou in him , for I shall yet praise him : In a word that which is principally insisted upon , in these short summaries of a communion with God , is this on the one hand , how a hungry & longing soul is filled & feasted with the Consolations of God , & when in that posture , how pufled & non-plus'd , as to what to think , or say of God : It knowes not what to doe , or how to lay out it self for him , the satisfaction that it hath in him , & the obligation it sees it self under to him , making it look one very thing it doth for him , sayeth or thinketh of him , with a kinde of regrate & holy dissatisfaction : It doth not please it self in pleasing him , & though he accept what love offers , yet love desiderats so much in the offering , that it presents all with a blush : & suitable to this amiable & orderly confusion of spirit , it 's greatest Oratory & Eloquence , is , a kinde of abrupt , concise , & broken discourse : It is most desireous to speake , but not knowing what to say , which is not unworthy of him , it falls into silent admiration , & yet some thing it must say ; wherein though , it doe not please it self ; yet it maks good sense before him , & is a most pleasent melody in his ears ; it 's then , when he seems to be so taken with that , wherein the soul finds so many failings & defects , that he says speak on , let me see that blushing countenance , ●●t me hear thy voice ; for sweet is thy voice & thy countenance is comely . And truely thou mayest perceive much of this kinde of discourse in these Epistles , whereto the holy writter was so habituat in these soliloquies with God , which were ordinary to him in his retirement , that his pen , & preaching , did ever after keep the tincture , & had the relish of that : For while many preached notions , & so●e spake because they believed ; he was perceived oftimes , not so much to speake as believing ; as seeing : His being so long in the mount with God , made his face to shine ever thereafter in his publike appearances : And there was some peculiar sweetness in his Phrase [ especially in crying up , and commending the love of Christ : In mentioning the joy of the Holy Ghost , or the Glory of the life to come ] beyond what was to be found , even with other holy men : Neither was it amongst the dry School-men , nor at Arestotle his feet ( though there were few in the age , so well acquaint with either ) that he learned this ; Nay , nay , flesh and blood did not , could not reveale it unto him , he was a student above the clouds , & there it was , where he learned these Metaphysicks . This I say i the thing upon the one hand which is insisted upon , & on the other , thou hast the sad condition of a soul deprived of these sweet injoyments : He who was just now taken in to the banquetting house , & had the banner of love for his canopy , hath that spiced wine which his soul was drinking with delight , snatcht out of his hand , & is panting for a drop of the rivers of his pleasure , wherein not long agoe he was bathing himself : Where upon followes a night of sorrow in the soul ; because the sun that did illuminat & warme it , with his rayes , is set : Then , as if the soul would break forth at many passages togither , for hast to be after him , who hath withdrawn himself , it runs out at the eyes in tears , & at the mouth in complaints , because of his absence ; yet faith sets downe the fainter , upon the brink of the river , & puts him under an arrest ( that he run not away ) till the sea flow again : And desire maks him look out with a watery eye as impatient of delay , the inward Echo of the heart , in the mean time , being still this , how long wilt thou hide thy face from me ? How long ? & while he is in thi● posture , ye would not know him to be the m●n , that a few minuts since he was & a few minut hence he ma● & will be : & no wonder , sinc● that is wanting & away , which wa the health of his countenance , that he look pale : As the weeping man's eye , being blinded with water , cannot take up objects as they are , especially if they be at any distance ; so ye have this holy man in these heavy hours , venting his jealousies , & because of withdrawing , giving way to his sorrow : Now , as the joy of injoying God , is by the former , made clear to be of all the greatest ( for under these full manifestations , the soul may be transported to such an extasy of delight that for the time , whether in the body , or out of the body , the man knowes not ) so , the sorrow for being deprived of that , ( the giver seeing it necessary , to withold & suspend these manifestations , knowing that heaviness for a season through manifold temptations , is fit for these , who are sons of consolation & who shall have a few dayes hence , an everlasting year of Jubile ) is , of all sorrowes seen to bee the sorest & sharpest . This is soul anguish , & so l●st of any supportable : because it maks the very spirit , which if it were sound would sustain a man's infirmities , sink under it : While it is thus with him , ye may perceive that his bed cannot comfort him , nor his couch ease his complaint : And in this fever , there are some expressions dropped , which after the hight is over , he doth retract , as rash & unadvised , & upon more mature deliberation , i● mad● to say , this was my infirmity : And truely he who intendeth the advantage of the whole , in his way of dealing with every member of that body , whereof he is head , hath excellently ordered this matter , that they who have the fullest feasts of joy , & are admitted to the neerest fellowship upon earth , to the end , that pride may be hide from their eyes ; have ordinarily the deepest down-castings : These warme hours & hot blenks of a sensible presence , are often followed with a sharpe showre & darke night of bitter desertion ; so that if poor souls in reading these , should begin to think or say , Alas ! We are sparingly dealt with , we are great strangers to such a favourit's feasts ; let them consider also ( besids that he was an Ambassadour now in bonds , & so his Master allowed liberally upon him ) that their soul-anguish is short of his , & so , if they consider his condition well , they will see , that though he had much yet he had nothing over ; & if they take notice of the mercy that is in their own , they will perceive also , that though they have little yet they have no lake ; for he abounds towards his , in all wisdome & prudence . There is a third condition spoken frequently to in these Epistles also , which lies in the middle betwixt these two : And that is , such a communion with God , as consists in the soul 's being well pleased with him & being most desireous to please him in all things , abstracting from these extraordinary transpotts of joy upon the one hand , & free likewise of these deep down-castings upon the other : And this is the more ordinary way of the saints , whose dayly excercise it is , to come & take out their directions from their Master , & endeavour to walk according to these , both as men who are still under their Masters eye & as these who must give an account of themselves to him : In which service , they want not their own sweet peace ; for the way wherein they walk is a way of pleasantness , & all these paths are peace ; though it be not such an overflowing peace , as amounts to a joy unspeakable & full of glory ; for full joy is nothing else , but peace swelling without it's ordinary channel & overflowing all it's banks : And on the other hand , they want not their own checks & challenges , they are often before God with the tear in their eye , & knowes what it is , to sigh because of a body of death within them : Because of that law which is in their members warring against that law which is in their minde , & bringing them into Captivity to the law of sin , which is in their members ; yet this is short of the sorrow of some dear to him , who are made to roar , by reason of the disquietness of their heart & to cry out of the arrowes of the Almighty sticking within them & the poison thereof drinking up their spirit ; so that while they suffer this , they are with wi●e Heman almost distracted . These things I say , are mainly insisted upon , which according to an epistolar method , lie scattered in severall parcells , up & down the book : In reading whereof , thou wilt easily perceive also , that though the whole of these Epistles may be of singular use for a Christian in every condition , yet a great many of them have a more special reference , both to the comforts & the carriage of a Christian under the Cross ( whether his affliction be outward trouble , or inward soul-Excercise & terrour ) where he is most frequently to be found : Which is all I have to say for the matter . There are not a few in this generation I know , who will make i● their business , & think it of their interest , to derogat from the esteem which these Epistles doe justly challenge , & will readily get , from all who know how to prize things according to their worth ; as knowing very well , that what respect these get & gain amongst readers , they lose ; though I may truely say , & they will at last sinde it so , that if they get the thing they seek by this artifice , they lose by that getting : & I may asure my self also , if these either finde the a Christian or make thee such , they may well lose by this labour any esteem thou hadst for them , but they will not prosylite thee , to their profan contempt of so spirituall matter ; yet I know they will essay it : First , somwhat to this purpose may be said & will be suggested by them , that here is a needless and nauseating repetition of the same thing ; though it may be , they are not so displeased , that it is said often , as that it said at all ; or if the frequenency of it offend them , it is out of a fear , that what is often said , be once listened to , & at ast learned . I grant that the same matter & purpose is diverse times touched & insisted upon ; But consider 1. that thi● is to diverse persons , & is there either reason or religion in it , to envy him the Liberty of telling all the fearers of God , to whom he writs , what was done for his soul , or the people of God , the advantage of that relation ? Was it not for the edification of the Church , that all who had heard of his persecution for the Gospel , should hear also , that the world , doe there worst , cannot make a sufferer truely miserable , while God maks him happy in a communion with himself : The heat of persecution may dry up , or imbitter all the nether springs , but then the soul hath free accesse to the upper , & is admitted to drink yea drink abundantly of these rivers of his pleasure : This is the spiced wine he drinks , & the meat the gets to eat in secret , which the world knoweth not of , & cannot take from him ; & having found how sweet to the taste this bread of God , which comes down from heaven , is , he cannot forbeare to tell others , how he is feasted ; to excite desires in all to come & share with him in these dainties , & forbeare to surffet themselves with the world 's deceitfull meat 2. consider , that it is at diverse times , & surely , he finding the consolations of God new every morning , & abounding every moment , it had been a peece of base ingratitude in him , to have made mention of that but once , which God had given him often . 3. Consider , though the same matter be often mentioned ; yet it is mostly with a sweet & taking variety of phrase ; he brings forth the old & new togither , nay , there is ever so much new in it , as may contribute to kindle new desires in the , in order to the satisfaction of thy own soul , to seek what he found , & when thou hast fallen upon that , & art filled with it , thy practice in telling it over to others , will , without doubt , have such a coincidency with his , as will justify what he hath done , & thou wilt then judge , that an apology for publishing & frequent proclaming the goodness of the Lord in the land of the living is either wholly superfluous . Or it doeth suppose the reader not be a Christian , at least in case . Secondly somthing will be said by malicious mutterers , ( I know ) against the apparent courseness of some phrases , and commonness of some words made use of by the Author ; who all alongst sets himself , to make use of the most ordinary expressions , which are in use among the common sort of people . Something I say , of this kinde may probably be belched forth , by this carping , criticizing , profane , & prejudicat age : But If they would remember , what was said ( by men much more knowing then themselves , & more able to discerne what ought to be spoken , both as to matter & words ) to the commendation of Plautus , who made use of the most common words that were in use , amongst the most common sort of people in Rome , Si ipsae Musae loquerentur ore Plautino uterentur ; they would see reason , rather to commend a dexterous making use of common phrases , in writing to people of no extraordinary capacity then take , because of this , any occasion to quarrel at , or cry down , that which is so usefull & excellent : And if in the opinion of men faithfull & famous in their generation , he be the best preacher to a people ( and consequently writter too ) Qui , quam maxime trivialiter , pueriliter , populariter docet , as to words , & phrases ; I see no great reason such have to carpe , or necessity I have to make an Apology : But their is sufficient to be said , if not for silencing of bablers , whose tongue hath moe dimensions then their reason ( which maks it not worth the while to take notice of their barking ) yet for satisfying of the more sober minded . First , Consider that this disciple learned at his Master , both so to write & speak , as not to hide his purpose in a cloud of new coined words : He consulted his own reputation so little , while he sought his Master's honour , that he would rather seem a Babler to them , who minded nothing but words ; then a Barbarian to the meanest , who was taken with spiritual matter : If Christ's example , who taught these high & heavenly mysteries of salvation , by plain & obvious similitudes , be not sufficient to silence such persons , who have habituat their tongue to drope satyrs against what is good , whether persons or things ; yet it is enough to guard against the prejudice of what they take liberty to say . 2. Consider , that the most common word 's & ordinary phrases , in use amongst a people , may , by the greatest Oratour , be very pertinently used , for illustrating & pressing his purpose : Nay , in some cases , these have a special emphasis , beyond what can be wrapt up , in a great many more compt words , & seemingly neat expressions , & then , they are so far from being a blemish to a discourse , that they seem to give a kinde of life , & adde a certain Iustre to the whole frame : & thou wilt finde it often fall out here , that the Author hath so happy a dexterity in making the most common ( & somtimes contemptible-like ) phrase , with a gracefull sweetness , subservient to his purpose , that let the greatest master of words , alter but one of these words , or change one of these expressions ( which if they stood not there might almost seem a Barbarisme ) he marres what he undertooke to mend , & while he endeavours to co●…ct the Author , he leaves himself to be put in amongst the Errata . 3. Consider that a great many of the persons to whom he wrote , were no schollers , nay , had so little acquaintance With that , which passeth in the world for elegancy of speech , that he had as good have said nothing at all to them , as have made use of any other words then what are pitched upon , in expressing his purpose ; & so his designe being to make affection , or to move it in the hearts of these to whom he wrote , there was a necessity to suit his stile to their capacity ; which condescension in him , is yet managed with so much spirituall prudence & discretion , as it is without debasing high matter or giving the least rational ground to mock at spiritual mysteries : Yea I may say further , that there is so much majesty in the straine , as that the lowness of the stile is aboundantly thereby made up : And further , I might aske thee , if thou who maks the challenge doest pretend to be a Master of reason , whether he is the best Oratour , who can with the least noise , cast fire into the affections of these to whom he speaks or writs , & bring down the highest mysteries in religion , to the capacity of the meanest hearer & reader , or he who wraps up plain truths & obvious purposes , in such an obscurity of phrase , & perplexing intricacy of words , as carryes the matter quite beyond the reach of a vulgar capacity : without making any other impression upon the minde of the hearer , then that the man hath forgotten his message , & while he seeks himself , flights his Master's business : It often creats also a suspicion , that the writter or speaker either desires not to be understood , or , while he endeavours to sore too high above others , that is he hath fallen into such a confusion , as he knowes not where to finde himself ? & if thou concede here , what with reason thou canst not deny , thou hast granted all against thy self , which I need seek , for putting thee to silence . 4. Consider , that though there be some here written to , of the greatest quality in the Nation , & a great many others , who are eminent for their understanding & parts , aswell as their grace ; yet as these of the greatest quality & parts , may reap advantage , by what hath been written to the meanest & most obscure person ; God in his providence led his servant to speak to these of understanding & parts , so , that what was particularly intended for them , might be of speciall use & advantage to every one : And thus all occasion of carping is taken away ; unless , amongst the rest of the regularites of this time , Episcopall Authority be interposed , to make us read & understand that axiome backward , bonum quo communius eo melius , which if it be ; I have no more to say , but that it is of a peece with the rest of their Reformation . I suppose by this time ; it may be thought , I have said too much upon this head , since it would seem that something ought rather to be said , for making many things in them plain that are mysterious & darke ; then to say so much for taking off prejudice , because of some common words & expressions ; but as to that , I shall not undertake it : For there are many things in them , onely intelligible by tasting : & he who wants that commentary , will never understand this text . I have no more to say , either for the one or the other , but if any dislike them , he may let them alone ; for I intend to obtrude them upon none , who distasts them ; yet I cannot for bear to advise even such , so far to consult their owne reputation , as , by speaking against what the Author hath here written , not to discover that secret to the world , that they are persons void of a gracious principle , to whom the things that are of God are unsavoury : The wind of thy mouth , though accompanied with all the venome thou canst vomit up , will not blast the Authors reputation , it will onely be a blazing of thy own shame , & then thou wilt see thy self so unhappy , as to have hit the marke at which thou didst not aime : For without doing him any hurt , who is far above thy reach , thy tongue falls upon thy own head , & in striking at one whom thou canst not wound , thy sword rebounds back upon thy self , & enters into thine own bowells ; but if thou remainest a man of imperswasion , & hast so much pleasure in publishing thine own shame , I cannot help it , it is sufficient for me , to have warned thee of thy hazard ; nor shall I endeavour hence forth to deprive the world of their liberty ( since thou wilt have it so ) to look upon thee , according to the character which thou hast given of thy self , & that is , Deest aliquid intus , to make the a man & a Christian , & since this Brutish shape pleases thee , thou mayest goe eat grasse & let alone this bread , which is onely designed for Children ? And so I leave thee to make use of that liberty , of saying what thou pleases , which thou hast now purchased with the loss of thy own reputation . If any think , it had been more convenient , to have concealed the names of these to whom the Author wrote , for some reasons obvious , in regard of the present Lamentable posture of affairs ( when it is almost sufficent , to make a man guilty , that ever he was really zealous for God ) I have onely this to say for my self , that I designed their honour & not their prejudice nor hurt in prefixing their names : Neither can I well imagine ( what ever others may apprehend ) what prejudice they can sustain , by this ; since none , or very few of them , come from the Author , as returns to any thing they had written to him ; & there being no law , either discharging him to write , or any persons to receive his letters , there can be no transgression upon their part , & so nothing to ground a prejudice , or found a rational plea against them : And much less in that their names are prefixed ; or if there be any thing in this blame worthy , I alone am in the transgression , who have done it without consulting themselves , or asking their consent ; yet in order to the satisfaction of any , who may be offended at what is done , I have this to say for my self further , that I was induced to it , first , that thereby it might appear these were indeed the very Letters , which that faithfull sufferer & witness of Jesus Christ wrote ( though there is sufficient in the stile & straine to put this beyond debat ) & no forgeries 2. many of these worthy persons being removed ( whereby the Church of God is at a seen & sad loss , in that she is deprived of so many , who would have weeped & made supplication on her behalfe in this day of her distress , when not a few of her friends have dealt treacherously with her , & are become her enemies ) their Posterity might think themselves wronged , if I should have deprived their worthy Predecessors , by suppressing their names & smothering their affection to the work of God , of the honour , of making their faithfullness known to the world : And truely , I judged it the least that was due , to the memory of these , who ought to be had in everlasting remembrance , to erect this poor monument over their grave , wherby they may live amongst the posterity , when they are gone , as persons who obtained mercy of the Lord , to be faithfull in their generation : & that when the account of such comes to be taken , it may be said , this & that man was borne there . 3. I did it to encourage the posterity of such , to be followers of the faith & patience of their worthy proge●●tors , and that the may not , without shame & horrour think of declining , or turning aside , either to the right or left hand , from the way of these dear relations , who by following the Lord fully , in an evil time , left them a noble Paterne , worthy of imitation . 4. As for such who are yet alive , I hope they will think , that God by this Providence , is making a honourable mention of their fidelity before the nations , & is remembring for them , the Love of their espousals , when they went after him ; thereby to ingage them , to cleave more closely , & adhere more firmely to him , with full purpose of heart when the generality have gadded about to change their way , & many of his professed disciples have gone back , & are like to walk no more with him : And upon the other hand , God will have this to be a witness before the world , against any of them , who shall depart from the good way of the Lord , & be offended in him , because of persecution : I hope what ever hazard threaten these who abide in Christs company , that they will never forsake him , nor give him cause to say , what iniquity have ye found in me , that ye are gone far from me ? But if it should prove otherwise , they may be sure , that he whose soul hath no pleasure in any man that draws back , & hats the work of such as turne aside , will count himself ingaged in a peculiar way to lead them forth with the workers of iniquity ; but we hope for better things of them all , though we thus speak : If none of these reasons which moved me to doe this be strong enough then let it be judged my weakness , for it is more fit , that I should pass in the world as such ( which is no great mistake ) then these honourable & worthy persons , should suffer any prejudice , by a deed whereto they had not the least accession . Reader , much pains hath been taken , in collecting these together , that they might be in the hands of many ( a thing greatly desired of a long time by the godly ) which have been hitherto onely in some broken & imperfect parcells , in the hands of a few : Severall of the most correct copies that could be had , have been carefully compared , & many fruits therby corrected , which were crept in , by their being often transcribed , & that by unskillfull hands . If it fall out so ( as I suppose it shall not often be found ) that they who have the Autographs by them , perceive any difference in a word or sentēce , betwixt this printed copy & these , let them imput it to my want of he principals ; for though I had a good number of them , yet it was not possible for me to get the most part : In some very few places also , to the end that this book might be of more universall use , it may be , that a scottish word , which would have darkned the sense , or rendered the sentence wholly unintelligble to strangers , is either changed into some equivalent one , or a synonimous terme inserted by it ; but in most places these words are retained , without any alteration ; because either alteration , or addition , would have made them less taking with , & acceptable to them , for whom they were at first written , & to these for whom they are now principally intended ; because the life & emphasis of the Phrase , is often found to lie , in that very word . But having kept thee under too long an arrest in the entry , I leave thee now to peruse these profitable Epistles , which are an account of the many sweet hours & comfortable soliloquies which that eminent saint & sufferer had with God in the furnace of his affliction : Wherein there is much to be seen , beyond the ordinary attainment of a Christian , even who hath made some remarkable progress , & is no small proficient in the wayes of God. I nothing doubt ; but when thou perceivest , while thou readest , how much pure zeal to God , doth burne in these lines , thou wilt Lament the lose of such a blessed instrument , now , when the Church of God is brought so very low , & there are so few of all the sons whom she hath nourished & brought up , to take her by the hand . I grant it is both a rational & religious sorrow ; for when we remember the many eminent lights ( the removal of whom , hath brought a sad & darke night upon the Church ) which did la●ly shine amongst us , & most say , they are gone who were our faithfull guids , it would almost seem pardonable , to abandon our selves to sorrow , & refuse to be comforted : Quis ●alia fando tempere● a lachrimis ? Yet give me leave to suggest these things ( 1 ) Let not the tear so blinde thine eye , as not to observe the goodness of God , who gave us such : It was a saying of an eminent & excercised Christian ( worthy to be remembred in this present case & to be put upon record for posterity ) perceiving many sorrowfull , upon the removal , of one of the most burning & shining lights , that Britain had to boast of ( that great Interpreter Mr Durhame I mean ) turne your tears & sighes for this loss ( said that worthy person ) though it seem to you almost irreeparable [ an age hardly producing such an other ] into songs of praises , & doe not so indulge your sorrow , because the Master hath called home an Ambassadour , who did so faithfully & successfully negotiat for him ; as ye forget in the mean time to praise the Lord of the harvest , who thrust forth such a labourer into his vinyard : Let not the greatness of your grief , make you forget the riches of his goodness to the Church of Christ in Scotland , in that there was a Mr Durhame to die out of it : So I say , when in reading of these , thou remembers that the worthy Author is gone to his rest ; yet be not guilty of so much ingratitude , through the excess of thy grief , as to froget God's care of , & kindness to the Church of Scotland , who amongst others gave her a Mr Rutherfoord : one who was not onely famous at home & abroad for his great Learning ; but such a Minister of the Gospel , as I suppose , there is not a godly Minister in the Nation , who knew his painfulness , his tenderness , his zeal , his shining , & Gospel adorning Conversation , that will think he wrongs himself , in giving the presence to him , whose watching & weeping & unwearied pains , to propagate the truth , & profite the souls of men , made him without a match or equal & Left deep convictions of short-coming , even upon them , who may with a rational confidence , expect the approbation of well done good & faithfull servants , at the day of their appearance , & die in the faith of this , that when the great shepherd shall appear , they shall receive a crown of glory , that fadeth not away . ( 2 ) If no other consideration can d●y up thy tears , or divert thy sorrow , while thou doest remember thy own & the Churches loss ; yet remember that this is sufficient to make the mourne in hope ; that the resid●e of the spirit is with him . We cannot I grant weep back again ( though it 's like some would be content to weep themselves blinde , if that were lawfull & would doe it ) our famous & faithfull Knoxes , Davidsons , Welshes , Bruces , Hendersons , Rutherfoords , Gil●spies , Guthries , with a great many 〈◊〉 sids , of their brethren & companions , who did build & fight with them , & were the restorers of the breaches amongst us ; whereby they obtained a good report , & are at this day of blessed memory indeed ; but is there no hope to see them alive in other mens persons ? I grant their is but little appearance of that , for the present : For Alas may we say , where is the●e a man of that spirit to be found ? Yet let us not adde this to all the rest of our provocations in this wilderness-lot , to limit the holy one of Israel ; since these had nothing but what they did receive ; he can furnish the Church with men of the same parts & zeal : With men who will shine in light , so , that their enemies must lay their hand upon their mouth when they have spoken ; & burne in love to God & his interests : & truely it concerns all the people of God , to be much in importuning him , that he would again give us such standard bearers , & that that he would remember us now , in our low estate , by raising up such , who may be as the Charets & horsemen of Israel , when the spirit of most is under such a faint , & the men of might doe not finde their hands : If we were up & doing in this , which is one great part of our work in such a sad time , & gave him no rest , who knowes , but he would yet breath upon many , who are now as dry bones , without life or motion , & make them stand up for him & plead his cause against them , who have lifted up their head against heaven , & their heel against his people ? They who by falling asleep , till their hair was cut , that they were not in case to shake themselves as at other times , when their enemies were upon them , might yet spil their adversaries sport , & bring down their Babel about their ears , if the spirit of the Lord came upon them as at othertimes : Or if this were not to be expected , he could raise up a generation , who would serve him with more zeal & faithfulness , then we have done , & that in such a number , as should make his Church say , who hath begotten me all these ? And where have they been ? It my be that he who waits to be gracious , is waiting to be en●…ated to doe this good thing for us : Surely if we were a people of prayer , & particularly for this Church & Nation-mercy , we might be surprised now , when we have scarce a tokenn for good , & when our lukwarme temper hath banished the faith of such a mercy almost out of the earth , with such a re●ur●● a● that , I will clothethy Priests with salvation , & thy sai●…s ●all yet shout aloud for joy : I will pour down such a plentifull the ●sure of the spirit upon them , that by their zeal & faithfulness , the years which thi● cankerworme & caterpillar of luke warness hath eaten up , shall be restored unto you seven fold ; which would carry alongst with it , the accomplishment of that other great & Gospel promise , his enemies will I clothe with shame ; but upon himself shall his crown flourish . Faxit Deus , & ●es●●ness should be the constant Echo of our hearts . Reader there is one thing more I have to acquaint thee with , & so I have done , & that is to tell thee , that I have made bold for this once , to send these Epistles abroad into the world , without the Prelat's Imprimatur : If he please to take this for an Apology , that the Author sought not his permission to write them , which emboldned me to transmit them to thy hands , without his approbation , he may ; for I am not in an humor to give him any other account of this action . I know it 's very probable , that the fat of these may be the fire ; for our late fulious Prelats ( that Draco volans which being got upon the wing spouts down fire upon the Church , wherby the Tabernacles of God are burnt up through the land : For the appearance of this fiery meteor did alwayes portend somwhat fatall to the Church to follow upon it ) are a little more hot then their predecessors : It 's true , these went so high in their persecution , & drave so hard , that it was thought scarce possible , for any to out-doe them in persecuting , for they run them selves out of breath , & never drew bridle till they fell in the ditch , & we thought they had died their without succession ; but Alas ! The Church finds this day , that 〈◊〉 respect of their successors , they were mere novices , & had scarce served their Aprentiship in the blake Art : And this puts me to think whether the people of God should not rather submit to be chastised even with this scourge of scorpions ; then to wish that he would throw the ●od in the fire , lest if they were gone , & we not fit for a delivery [ as indeed we are not ] it should fall out with us , according to the story of the old wife of Syracuse , who was afraid of Dyon sius his death , lest the devil should succeed him : but if any should say to me , what & if be allready come ? For if the Holy Ghost call these men such Rev. 2 : 10. Who did But cast in prison , & did but cast some in prison , may he not be said to be allready come down now having great wrath ; when deposition , imprisonment , banishment , yea any thing less , then declared worthy to die , is thought a savour : If any should urge me with this , I say , I confess he would pose me into an absolut silence ; or force an acknowledgment from me : If the Prelats themselves who are of age , be in case to make a reply , let them answer it : For the truth is , they are so hot upon their work , that if it be a heresy to think so of them , they who plead the necessity of their office , for preventing of schisme & heresy , are like to turne the better part of the world hereticks ; but to my purpose I say , their is some reason to fear ; that this be thought very sit fewel , to make a fire in Cajapcas his hall : However , though it should be so , yet this is not the first time , that some of the worthy Author's works , have got such entertainment : & truely their is so much zeal to the interests of Christ , so much love to God , & the salvation of men , burning in these lines ; that , that spirit , whose element is fire , will endeavour to blow the bellowes , & seek this as a sacrifice at their hands , whose once professed sincerity , & personat zeal for God & his interests , is now broken out , in such high Acts of rebellion against him , & hatred against his servants ; whereby the proverb is become plain Scottish , or Inglish , or both if ye will : Omnis Apostata secta suae Osor : But if the Prelats would take a poor Presbyter's advice , they wou● even let it alone , lest the smoak of that fire , wherein they burne this ; kindle a flame of just indignation against them , in the hearts of all the lovers of God , as men who have a very perfect hatred against piety ; but if they care not to be so looked upon , I have no more to say , be it so : It 's like nothing that I can say , will hinder them , from puttingh this peece in his hands , to whom , as I heare , they have committed the revising of learned & worthy Mr. Wood's Testimony , &c. & who it seems , is made choice of by them , as Secretary in Chief , for fevising all such peeces , to ●i● , Ioannes Dunmuraeus , cum Fratri●●●● , & Collegis suis : And therefore I must leave them to their own liberty , which I onely doe , because I cannot help it : & I am afraid besids , lest if I should work too hard , in carrying water to cool them , I over-heat my self , & leave them at last nothing , cooler then I found them : But as for thee Christian Reader ; it will be a sufficent imprimatur , to tell thee , that these are MR. RUTHERFOORD'S LETTERS : Wherein he gives thee an account , of many a good day , & joyfull hour , he had in his Master's company ; while his fellow-servants did beat & thrust him out of the vineyard : & he invits thee to take a share of his feast , & truely I wish that both of us would goe try & taste , since neither of us are like to have very good entertainment any where else . I have but one word more to say , for I know it 's long since thou expected I should have made an end , & it 's onely to crave the pardon that I have not done it sooner : when I wrote the first nes . I thought to have made the end & the beginning so contiguous , that I should neither have put thee to this trouble , nor my self to the necessity of an Apology ; & in order to that , I did really forbear what ( as I told thee ) at first I intended , & am carryed this length besids my designe ; but if the length of what is here offend thee , thou art in case without doing me any wrong , to give thy self the same satisfaction , as if I had said nothing , by passing it , as so much waste paper , & turning over to the Epistles themselves : If thy soul be profited by these ( as I hope it shall ) I have my designe , & all I seek of the be side , is , that thou wouldest wish his soul's welfare , who was at this little pains , in order to thine , & who desires to be reockened by thee , amongst the meanest & most unworthy of . The favourers of the dust of Zion , And thy Well●●●kers . AD LECTOREM IN EPISTOLAS . QVOD Chebar & Patmos , divinis Vatibus olim , Hoc , fuerant Sancto claustra Abredaea Viro : Profuit ut quondam tibi plus Ecclesia carcer , Libera quam patuli copia facta fort ; Hic tibi sic scriptis carcer plus profuit ist is , Pulpita , quam raucâ quae sonuere tuba . Pharmaca in hoc prostant , contritis corde , libello , Hic crucis El●s●s , est via s●rata r●sis . Hic Amor & Christi decor , hic coelestis et aulae Gloria depicta est , horrida & ira Dei. Ardua materies , sublimibus apta cothurnis , Hic tenui & facilifusa , legenda stylo est . Lividus at voces si carpat Zoilus ullas , Non Divina sapit , Cor sine mente gerit . Praesulibus celerem attulerant haec Scripta ruinam , Impressa , extremum praestituuntque diem . READER . Thou may possibly finde in some very few places , one letter for an other , as an ( n ) for an ( n ) &c. or a , transposition of two letters of a ( : ) for a ( ; ) it may be also that the Chap. or verse be miscited , but the words being insert will easily lead the to correct that mistake . There was so much pains taken in overseeing the press to prevent misprinting , that thou wilt scarce meet with any thing that will mar the sense : yet these few , though they be not very materiall , I have set down to fill up this Page : In the Epistle to the Reader P. 3. l. 14. for Minister , r. Ministers . p. 10. l. 26. a afraid , r. afraid . p. 16. l. 9. & but , dele but. p. 17 l. antipen . to to , r. to . p. 25. l. 19. miserably , r. miserable . p. 32. l. 28. Arestotle , r Aristotle . In the Book , P. 30. l. penult . Isa. 45. r. 54 p. 60. l. 19. Act. 2. r. 1. p. 65. l. antip . Isai. 51. r. 41. p. 116. l. penult . is . r. in p. 151 l. 1. Luk. 21. r. 22. p. 204. l. 8. for , r. sort . p. 282. l. ult . bed , r. bode . p. 385. l. 3. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , r. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , p. 398. l. 19 eek , r. seek p. 441. l. 28. you earnest , r you an earnest . p. 449. l. 33. Isa. 53. 9. r. ver . 3. p. ●64 . l. 28. Deut. 32. 30. r. v. 39. ibid. Job 〈◊〉 . r. 5. p. 465. l. 32. harden , r. Garden . p. 483. l. 2. Col. 2. r. 〈◊〉 . p. 491. l. 33. blinced , r. blinded . ibid. l. 35. grace , r. grave . p. 492. l. 18. your . r. you , p. 496. l. 1. yet this , r. this . ibid. l. 22. witten , r. written . ibid. l. 24 Lam. 3. 51. r. 56 , p. 500. l. 34. I am 3. 36. r. 56. p. 516. l. 29. Ezek. 46. r. 48. p. 527. l. 4. Levit. 13. r. 10. p. 555. l. 26. dele & . To Mr ROBERT CUNYNGAME , Minister of the Gospel at Holywood in Ireland . ( Epist. 1. ) WElbeloved and reverend Brother , grace mercy and peace be to you ; upon acquaintance in Christ , I thought good to take the opportunity of writing to you ; seeing it hath seemed good to the Lord of the harvest , to take the hooks out of our hands for a time , and to lay upon us a more honourable service , even to suffer for his name . It were good to comfort one another in writing : I have had a Desire to see you in the face , yet now being the prisoner of Christ it is taken away : I am greatly comforted to hear of your souldiers stately spirit , for your princely and royall Captain Jesus our Lord , and for the grace of god in the rest of our dear brethren with you ; you have heard of my trouble I suppose , It hath pleased our sweet Lord Jesus , to let loose the malice of these interdicted Lords in his house to deprive me of my Ministery at Anwoth and to confine me , eight score miles from thence to Aberden ; and also ( which vvas not done to any before ) to inhibit me to speak at all in Jesus his name , within this Kingdome , under the paine of rebellion : The cause that ripened their hatred was my book against the Arminians , whereof they accused me , these three Dayes I appeared before them ; But let our crowned king in Zion raigne , by his grace the losse is theirs , the advantage is Christs and truths ; albeit this honest crosse gained some ground on me ; by my heavniesse , and inward Challenges of conscience for a time were sharpe , yet now for the incouragment of you all , I dare say it , and write it under my hand , welcome , welcome , sweet , svveet , Crosse , of Christ : I verely think the Chaines of my Lord Jesus are all overlaid with pure gold , & that his crosse is perfumed , and that it smelleth of Christ , & that the Victorie , shall be by the blood of the lamb , and by the word of his truth , and that Christ laying on his backe , in his weake servants , and oppressed truth , shall ride over his enemies bellies , and shall stricke through Kings in the day of his wrath : It is time we laughe when he laugheth , and seeing he is now pleased to sit with wrongs for a time , it becometh us to be silent , untill the Lord hath let the enemies enjoy their hungerie , leane , and fecklesse paradise : Blessed are they who are content to take stroks with weeping Christ , faith will trust the Lord , and is not hastie , nor head strong ; neither is faith so timorous as to flatter a tentation , or to bud and bribe the crosse , It is little up or little dovvn that the lamb and his followers can get no lavv-suitie , nor truce with crosses ; it must be so , till we be up in our fathers house ; my heart is woe indeed for my mother Church , that hath plaid the harlot with many lovers , her husband hath a mind to sell her for her horrible transgressions , & heavy will the hand of the Lord be upon this backsliding nation . The wayes of our Zion mourne , her gold is become dim , her white Nazarites are blck like a coale , how shall not the Children weep , when the husband and the mother can not agree ; yet I beleeve Scotlands skie shall clear again , & that Christ shall build againe , the old wast places of Jacob , and that our dead and dry bones , shall become ane army of living men , & that , our beloved may yet feed among the lillies , untill the day breake and the shaddows flee away . My deare brother let us helpe one another with our prayers , Our king shall mowedown his enemies , and shall come from Bozra , with his garments all died in blood , and for our onsolation shall he appear , and call his wife Hephzibah , and his land Beulah ; for he will rejoyce over us & marie us , & Scotland shall say what have I to doe any more with Idols ? Only let us be faithfull to him that can ride through hell , and death , upon a windlestrae , and his horse never stumble , and let him make of me a bridge over a water so that his high and holy name may be glorified in me : stroks with the sweet mediators hand , are very sweet , he was always sweet to my soul , but since I suffered for him , his breath hath a sweeter smell then before , Oh that every hair of my head , and every member , and every bone in my bodie , were a man to witness a fair confession for him , I would think all too little for him , when I look over beyond the line , and beyond death to the laughing side of the world , I trimmph , and ride upon the high places of Jacob , howbeit otherways I am a faint dead-hearted cowardly man ; oft borne down , & hungry in waiting for the mariage-supper of the lamb ; neverthelesse I think it the Lords wise love that feeds us with hunger , and makes us fat with wants , and desertions : I know not my deare brother if our worthy brethren , be gone to sea , or not , they are on my heart and in my prayers , if they be yet with you , salute my deare friend John Stuart , my weilbeloved brethren in the Lord , Mr Blair , Mr Hamilton , Mr Livingston , and Mr Mak-Cleland , and acquaint them with my troubles , and intreat them to pray for the poor afflicted prisoner of Christ , They are deare to my soul : I seek your prayers and theirs for my flock , their remembrance breaks my heart : I desire to love that people , and others my deare acquantance in Christ with love in God , and as God loveth them ; I know that he who sent me to the west , and south , sends me also to the north : I will Charge my soul to beleeve and to wait for him , and will follow his providence and not goe before it , nor stay behind it . Now my deare brother taking farewell in paper , I commend you all to the word of his grace , and to the work of his spirit , to him who holdeth the seven stars in his right hand , that you may be keept spotlesse till the day of Jesus our Lord. I am . From Irwing being on my Iourney to Christs palace in Aberden August 4. 1636. Your Brother in affliction in our sweet Lord Jesus , S. R. To his Parochiners . ( 2 ) DEarly beloved , & longed for in the Lord , my crown & my joy in the day of Christ : Grace be to you , and peace , from God our father , and our Lord Jesus Christ. I long exceedingly to know , if the oft-spoken-of match betwixt you & Christ holdeth ; and if you follow on to know the Lord. My day thoughts , and my night thoughts are of you , while ye sleep , I am afraid of your souls that they be off the rock : next to my Lord Jesus , and this fallen kirk , ye have the greaest share of my sorrow , and also of my joy ; ye are the matter of the tears , care , fear , and daily prayers of an oppressed prisoner of Christ : as I am in bonds for my high and lofty one , my Royall and princely master , my Lord Jesus ; so I am in bonds for you , for I should have sleeped in my warme nest , & kept , the fat world in my armes , and the cords of my tabernacle should have been fastned more strongly , I might have sung an Evangel of Ease to my soul and you for a time , with my brethren , the sons of my mother , that were angry at me , & have thrust me out of the vineyard , if I should have been broken and drawn on to mire you the Lords flock ; & to cause you eat pastures troden upon with mens feet , and to drink foul and muddie waters : But truly the almighty was a rerror to me , & his fear made me afraid . O my Lord judge if my ministry be not deare to me , but not so dear by many degrees , as Christ Jesus my Lord : God knoweth the heavie , & sad Sabbaths I have bad since I laid down at my Masters feet my two shepherds staves , I have been often saying as it is writen , Lam. 3 : 52. my enemies chased me sore like a bird without cause , they have cut off my life in the dungeon & cast a stone upon me : for next to Christ , I had but one joy , the apple of the eye of my delights , to preach Christ my Lord , and they have violently plucked that away from me , & it was to me like the poor mans one eye , & they have put out that eye , and quenched my light in the inheritance of the Lord ; but my eye is toward the Lord ; I know I shall see the salvation of God , and that my hope shall not alwayes be forgotten ; And my sorrow shall want nothing to compleat it , and to make me say , what availeth it me to live ? if ye follow the voice of a stranger , of one that cometh in to the sheepfold not by Christ the door , but climbeth up another way , if the man build his hay and stuble upon the golden foundation , Christ Iesus already laid among you , & ye follow him , I assure you the mans work shall burn & never bide Gods fire , and ye & he both shall be in danger of everlasting burning , except ye repent . O if any pain , any sorrow , any losse that I can suffer for Christ , and for you were laid in pledge to buy Christs love to you , and that I could lay my dearest joyes , next to Christ my Lord in the gap , betwixt you & eternall destruction ! O if I had paper as broad as heaven and earth , and inke as the sea , and all the rivers and fountaines of the earth , & were able to write the love , the worth , the excellency , the Sweetnesse , and due praises of our dearest , and fairest welbeloved ; and then if ye could read & understand it ! what could I want if my ministry among you , should make a marriage between the little bride in that bounds , & the bridegroom ? O how rich a prisoner were I , if I could obtaine of my Lord ( before whom I stand for you ) the salvation of you all ! O What a prey had I gotten to have you catched in Christs net ! O then I had cast out my Lords lines & his net with a rich gain ! O then wel-wared pained breast and sore back , and a crased body , in speaking early and late to you ! my witnesse is above , your heaven would be two heavens to me , & the salvation of you all , as two salvations to me , I would subscribe a suspension , and a fristing of my heaven , for many hundred yeers , ( according to Gods good pleasure ) if ye were sure in the upper lodging , in our fathers house before me . I take to witnesse heaven and earth against you , I take instruments in the hands of that sun , & day light , that beheld us , & in the hands of the timber & walls of that kirk , if I drew not up a fair contract of mariage betvvixt you & Christ , if I went not with offers betwixt the bridegroome , & you , & your conscience did bear you witnesse , your mouths confessed , that there were , many fair trysts , & meetings drawn on , betwixt Christ and you , at communion-feasts , & other occasions ; there were braclets , jewels , rings , and love-letters , sent to you , by the bridegroom , it was told you what a fair dowrie ye should have , and what a house your husband and ye should dwell in , and what was the bridgroomes excellencie , Sweetnesse , might , Power . The Eternitie , and glory of his Kingdome , the exceeding deepnesse of his love , who sought his black wife through pain , fires , shame , death , & the grave ; and swimmed the salt sea for her , undergoeing the curse of the law , & then was made a curse for you , & ye then consented and said , Even so I take him : I counsell you beware of the new & strange leaven of mens inventions , beside , and against the word of God , contrair to the oath of this kirk . novv comeing among you : I instructed you of the superstition , & Idolatry , of kneeling in the instant of receiving the Lords supper , & crosseing in baptisme , and the observing of mens dayes , vvithout any vvarrant of Christ our perfect lawgiver : Countenance not the Surplice the attire of the Mass● preist , the garment of Baals preists , the abominable bovving to altars of tree is comeing upon you : hate & keep your selves from idols : forbear in any case to hear the reading of the new fatherlesse service-book , full of grosse heresees , popish and superstitious errors , vvithout any vvarrant of Christ , tending to the overthrovv of preaching : you ovv no obedience to the bastard Canons , they are unlavvfull , blasphemous and superstitious ; all the ceremonies that lie in the Antichrists foul vvomb , the vvares of that great mother of fornications , the kirk of Rome , are to be refused , ye see vvhither they lead you : Continue still in the Doctrine , vvhich ye have recieved ; ye heard of me the vvhole counsell of God , so we no cl●●ts upon Christs robe , take Christ in his ragges , & losses & as persecuted by men , & be content to sigh , and pant up the mountain , vvith Christs crosse on your back , let me be repute a false prophet ( & your conscience once said the contrair ) if your Lord Jesus shall not stand by you , and mantaine you , and mantaine your cause , aganst your enemies : I have heard , ( and my soul is greived for it ) that since my departure from you , many among you are turned back from the good old way to the dogs vomite again ; let me speak to these men , it vvas not vvithout Gods speciall direction , that the first sentence that ever my mouth uttered to you , vvas that of John Chap. 9 : 39. And Iesus said for judgment came I into the world that they which see not might see , & they which see might be made blind . It is possible , my first meeting & yours be , when vve shall both stand before the dreadfull judge of the World , & in the name & authoritie of the Son of God , my great King & Master , I write by these presents , summonds to these men , I arrest their souls & bodies to the day of our compearance ; their eternall damnation stands subscribed , and sealed in heaven ; by the hand-write of the great Judge of quick & dead , and I am ready to stand up , as a preaching witnesse against such to their face , that day , & to say , Amen to their condemnation , except they repent : The vengeance of the Gospel is heavier , nor the vengeance of the law , the Mediators malediction and vengeance , is tvvice vengance , & that vengeance is the due portion of such men , & there I leave them , as bound men , ay & while they repent & amend : You vvere vvitnesses hovv the Lords day vvas spent , vvhile I vvas among you : O sacrilegious robber of Gods day , vvhat vvill thou ansvver the Almightie , vvhen he seeketh so many Sabbaths back again , from thee ? What vvill the Curser , Svvearer , & Blasphemer doe , vvhen his tongue shall be rosted in that broad , and burning lake of fire & brimstone ? And what will the drunkard doe , when tongue , lights , & liver , bones , & all , shall boile & frye in a torturing fire for he shall be far from his barrels of strong drinke then , & there is not a cold well of vvater for him in hell ? What shall be the case of the wretch , the covetous man ? the opperssor ? the deceaver ? the earth worme , who can never get his vvombfull of clay , when in the day of Christ , Gold and Silver must lie burnt in ashes , and he must compear and answer his judge , and quite his clayie and naughtie heaven ? woe , woe , for ever more be , to the time-turning Atheist , that hath one God , and one religion for summer , and another God , and another religion , for winter , and the day offanning ; when Christ fanneth all that is in his barn floor , who hath a conscience for every faire and mercat , and the soul of him runneth upon these oiled wheels , Time , Custome , the world and Command of men : O if the carelesse Atheist , and sleeping man , who edgeth by all , ( with , God forgive our Pastors if they lead us wrong , we must doe as they command , ) and layes down his head upon times bosome , and giveth his conscience to a deputy , and sleepeth so , while the smoak of hell fire flie up in his throat , and cause him start out of his dooleful bed . O if such a man would awake , many woes are for the over-guilded , and gold-plastered Hypocrite , a heavie doom is for the liar and white tongued flatterer , and the fleing book of Gods irefull vengeance , twentie cubits long , and twentie cubits broad , that goeth out from the face of God , shall enter into the house , and in upon the soul of him that stealeth , and sweareth falsely by Gods name , Zechar. 5 : ver . 23. I denounce eternall burning , hotter then Sodoms flames , upon the men , that boile in their filthie lusts of fornication , adultery , incest , and the like wickednesse ; no Room , no not a foot-broad for such viledogs , within the clean Jerusalem : Many of you put off all with this , God forgive us , we know no better : I renew my old answer , 2 Thess. 1. the judge is coming in flaming fire , with all his mighty Angels to render vengeance to all these , that know not God , and beleeve Not. I have often told you security shall slay you , all men say they have faith , as many men and women now , as many saints in heaven ; and all beleeve ( say ye ) every foul dog is clean enough , & good enough , for the clean & new Jerusalem above : Every man hath conversion , & the new birth ; but it is not ●●el come ; they had never a sick night for sin , conversion came to them in a night dream : in a word hell will be empty at the day of judgement , and heaven panged full : Alace it is neither easie , nor ordinarie to beleeve & to be saved ; many must stand in the end at heavens gates ; when they goe to take out their faith they take out a fair nothing ( or as ye use to speak ) a bl●●●ume : O lamentable Disappointment : I pray you , I charge you in the name of Christ , make fast work of Christ , and salvation : I know there are some beleevers among you ; and I write to you O poor broken hearted beleevers , all the comforts of Christ , in the New and Old Testament are yours . O what a father & husband you have ! O if I had pen , and ink , and ingine , to write of him ! Let heaven and earth be consolidat , in massie and pure gold , it will not weigh the thousand part of Christs love to a soul , even to me a poor prisoner ; O that is a massie and marvellous love ! Men and Angels unit your force , and strength in one ; ye shall not heave , nor poise it off the ground : Ten thousand thousand worlds , as many worlds , as Angels can number , and then as a new world of Angels can multiply , would not all be the balk of a ballance , to weigh Christs excellencie , sweetnesse , and love ; Put ten earth's in one , and let a rose grow greater then ten whole earths , or ten worlds , O what beauty would be in it , and what a smell would it cast ! but a blast of the breath of that fairest rose in all Gods Paradise , even of Christ Jesus our Lord , one look of that fairest face , would be infinitly in beauty , and smell above all imaginable , and created glory . I wonder that men dow bide off Christ , I would esteem my self blessed if I could make an open proclamation , and gather all the world , that are living upon the earth , Jew , and Gentile , and all that shall be borne , to the blowing of the last trumpet , to flock round about Christ , and to stand looking , wondering , admiring , and adoring his beauty , and sweetnesse ; for his fire is hotter then any other fire , his love sweeter then common love , his beauty surpasseth all other beauty : When I am heavie and sad , one of his love-looks , would do me meekel worlds good , o if ye would fall in love with him ! Hovv blessed were I , how glad would my soul be , to help you to love him , but amongst us all we could not love him enough , he is the Son of the Fathers love , and Gods delight , the Fathers love lieth all upon him , o if all mankind would fetch all their love , and lay it upon him , invit him , and take him home to your houses , in the exercise of prayer , morning , and evening , as I often desired you ; especially now , let him not want lodgeing in your houses , nor lie in the feilds , when he is shut out of pulpits , and Kirks : If ye will be content to take heaven by violence , & the wind on your face for Christ and his crosse , I am here one , who hath some tryall of Christs crosse , I can say , that Christ was ever kind to me , but he overcometh himself ( if I may speak so ) in kindness vvhile I suffer for him , I give you my word for it , Christs crosse is not so evil as they call it , it is sweet , light , and comfortable , I would not want the visitations of love , and the very breathings of Christs mouth , when he kisseth , and my Lords delightsome smiles , and love-embracements , under my sufferings for him , for a mountain of fine gold , nor for all the honours , court , and grandour of velvet-kirk-men : Christ hath the yolke and heart of my love , I am my beloveds , and my welbeloved is mine . O that ye were all handfasted to Christ ! o my Dearly beloved in the Lord , I would I could change my voice , and had a tongue tuned with the hand of my Lord , and had the art of speaking of Christ , that I might paint out unto you , the worth , and highnesse , and greatnesse , and excellencie , of that fairest , and renowned bridegroom ! I beseech you by the mercies of the Lord , by the sighes , tears , & heart blood , of our Lord Jesus , by the salvation of your poor and precious souls , set up the mountain , that ye and I may meet before the Lambs throne , amongst the congregation of the first borne : Lord grant , that , that may be the trysting place , that ye and I may put up our hands together , and pluck , and eat the apples , o● the tree of life , and we may feast together , and drink together , of that pure river of the water of life , that cometh out from under the throne of God , and from the Lamb : O how little is your hand-breadth , and span length of dayes here , your inch of time is Lesse , then when ye and I parted , eternitie , eternitie , is comeing posting on with wings , then shall every mans black 's , and whit's ; be brought to light . O how low will your thoughts be of this fair-skined but heart roten apple , the vain , vain , fecklesse world , when the wormes shall make their houses , in your eye holes , and shall eat a●● the flesh , from the ball of your cheeks , and shall make that body a number of drie bones ! think not the common gate of serving God , as neighbour and others doe , will bring yow to heaven ; few , few are saved , the Devils court , is thick and many , he haththe greatest number of mankind for his vassels : I know this world is a great forrest of thornes in your way to heaven , but ye most through it , acquaint your selves with the Lord , hold fast Christ , hear his voice only , blesse his name , sanctifie and keep his day , keep the new commandment , love one another , let the Holy Spirit dwell in your bodies , and be clean and holy , love not the worldly not , love , and follow truth , learn to know God , keep in mind what I taught you , for God will seek ane account of it , when I am far from you : abstain from all evil and all appearance of evil , follow good carefully and seek peace ; and follow after it honour your King , and pray for him ; remember me to God in your prayers , I dow not forget you ; I told you often , while I was with you , and now I write it again , heavie , sad , and sore , is that strok of the Lords wrath , that is comeing upon Scotland , woe , woe , woe , to this Harlotland , for they shall take the cup of Gods wrath , from his hand , and drink , and spue , and fall , and net rise again . In , In , In , with speed , to your strong hold , ye prisoners of hope , & hide you there , while the anger of the Lord passe ; Follow not the Pastors of this Land , for the sun is gone down upon them ; as the Lord liveth they lead you from Christ , and from the good old way , yet the Lord will keep the holy Citie , and make this withered Kirk , to bud again like a rose , and a field blessed of the Lord. The grace of the Lord Jesus Christ be with you all . The prayers and blessing of a prisoner of Christs in bonds for him , and for you , be with you all , AMEN . Aberden , July 14. 1637. Your Lawfull and loving Pastor , S. R. To the Honourable , Reverend , and Welbeloved Professors of Christ , & his Truth in sincerity in Ireland . ( 3 ) DEarly beloved in our Lord , & partakers of the heavenly calling , Grace , mercy & peace be to you , from God our father , & from our Lord Jesus Christ : I alwayes but most of all now in my bonds ( most sweet bonds for Christ my Lord ) rejoyce , to hear of your faith , and love , & to hear that our King , our welbeloved , our bridegroom , without tireing , stayeth still to wooe you , as his wife ; and that persecutions , & mockings of sinners have not chased away the wooer from the house , I perswade you in the Lord , the men of God now Scattered , & driven from you ; put you upon the right sent and pursuit of Christ , & my salvation on it ( if ten heavens were mine ) if this way , this way that I now suffer for , this way that the world nicknameth , and reproacheth , & no other way , be not the Kings gate to heaven ; & I shall never see Gods face ( and alace I were a beguiled wretch if it were so ) if this be not the only saving way to heaven . Oh that you would take a prisoner of Christs word for it , nay I know you have the greatest Kings word for it , that it shall not be your wisdom to spier out another Christ , another way of worshiping him , then is now savingly revealed to you . Therfore though I never saw your faces let me be pardoned to write to you ye honourable persons , ye faithfull Pastors yet amongst the flocks , and ye sincere professors of Christs truth , or any weak tired strayers who cast but halfe an eye after the bridegroom ; if possibly I could by any weak experience , confirme and strengthen you , in this good way every where spoken against . I can with greatest assurance ( to the honour of our highest , & greatest & dearest Lord let it be spoken ) assert , ( though I be but a child in Christ , and scarce able to walk , but by a hold , & the meanest and lesse then the least of Saints ) that we doe not come nigh , by twentie degrees , to the due love & estimation of that fairest among the sons of men ; for if it were possible that heaven yea ten heavens , were laid in the ballance with Christ , I would think the smell of his breath , above them all : sure I am he is the far best halfe of heaven , yea he is all heaven , and more then all heaven ; & my testimonie of him is , that ten lives of black sorrow , ten deaths , ten hells of pain , ten furnaces of brimstone , and all exquisit torments ; were all too little for Christ , if our suffering could be a hire to buy him : and therefore faint not in your sufferings , & hasards for him , I proclaim & cry hell , sorrow , and shame upon all lusts , upon all by-lovers , that would take Christs room over his head in this little inch of love , of these narrow souls of ours that is due to sweetest Jesus . O highest , O fairest , O dearest Lord Jesus , take thine ovvn from all bastard lovers ! O that vve could wodset , & sell all our part of times glory and times good things , for a lease , & tack of Christ for all eternitie ! O how are we misted , and mired with the love of things that are in this side of time and in this side of deaths water ! where can we finde a match to Christ , or an equal or a better then he among created things ? Oh this world is out of all conceit , & all love with our welbeloved . O that I could sell my laughter , joy , ease , and all for him ; and be content of a straw-bed , and btead by weight , & water by measure , in the camp of our weeping Christ ! I knovv his sackcloth and ashes , are better , then the fools laughter which is like the crackling of thornes under a pot . But alace we doe not harden our faces against the cold north stormes , which blow upon Christs fair face , we love well summer religion , & to be that which Sin hath made us , even as thin skinned , as if we were made of white paper , & would fain be carried to heaven in a cl●sse covered chariot , wishing from our hearts , that Christ vvould give us suretie , & his hand vvrite , & his seal , for nothing but a fair summer , untill we be landed , in at heavens gates ; hovv many of us have been here deceived , & fainted , in the day of tryall ; amongst you there are some of this Stamp , I shall be sorrie if my acquantance A. T. hath left you , I vvill not beleeve he dare stay from Christs side , I desire that ye shevv him this from me , for I loved him once in Christ , neither can I change my mind , suddenly of him . But the truth is that many both of you , & too many also of your neighbour church of Scotland , have been like a rennent that sitteth mealfree , & knovveth not his holding while his rights be questioned , and now I am persvvaded , it vvil be asked at every one of us , on what terms vve brooke Christ , for we have sitten long meal-free , vve found Christ vvithout a vvett foot , and He , and his gospel , came upon small charges to our Doors , but now we must wet our feet to seeke him : our evil manners ; and the bad fashions of a people at ease from our youth , and like Moab not casten from vessell , to vessel , Jer. 48 : 11. hes made us like standing waters , to gather a foul scumme , & when we are jumbled , our dregs come up , & are seen , many take but halfe a grip of Christ , & the wind bloweth them & Christ asunder ; indeed when the mast is broken , & blown in the sea , it is ane art then to swim upon Christ , to drie land : 't is even possible that the children of God in a hard triall , lay them selves down , as hidden in the lea-side of a bush , vvhile Christ their master be taken ; as Peter did ; & lurke there ; while the storme be overpast : all of us knovv the vvay to a vvhole skin , & the singlest heart that is , hath a by-purse ; that vvill contian the deniall of Christ , & a fear●ull backslding . O hovv rare a thing is it , to be loyall , & honest to Christ , vvhen he hath a controversie vvth the sheelds of the earth , I vvish all of you , would consider , that this triall is from Christ , it is come upon you unbought ( indeed when we buy a tentation with our own money , no marvel that we be not easily free of it , and that God be not at our elbow to take it off our hand ) this is Christs ordinarie house-fire that he maks use of , to try all the vessells of his house Withall , & Christ now is about to bring his treasure out before sun & moon , & to tell his money , & in the telling , to try what vveight of gold , & vvhat vveight of vvatered copper is in his house : Doe not novv jouke , or bovv , or yeeld to your adversaries in a hairbreadth ; Christ and his truth vvill not divide , & his truth hath not latitude & breadth , that ye may take some of it , & leave other some of it , nay the gospel is like a small hair , that hath no breadth & vvil not cleave in tvvo , it is not possible to tryste & compound a matter betvvixt Christ & Antichrist , & therefore ye must either be for Christ , or ye must be against him ; It vvas but mans vvit , & the vvit of Prelats , & their god father the Pope ( that man without law ) to put Christ , & his prerogatives royall , & his truth or the smallest nail-breadth of his latter vvil , in the nevv kalendar of Indifferencies , & to make a blank , of un-inked paper in Christs Testament , that men may fill up , & so shufle the truth , & maters they call indifferent thorovv other , & spin both together that the Antichrists vvares may sell the better , this is but the device & forged dream of men , vvhose consciences are made of stoutnesse , & have a throat that a graven image , greater then the bounds of the Kirk door , vvould give free passage unto ; I am sure vvhen Christ shall bring us all out in our black 's , & vvhit's , at that day when he shall cry down time , and the world , & when the glory of it shall lie in white ashes , like a may flower cut down & having lost the blosome , there shall be few yea non that dare make any point that toucheth the worship & honour of our king & lawgiver , to be indifferent ; O that this mislead & blindfolded world , would see , that Christ doeth not rise & fall , stand or lie , by mens apprehensions ; what is Christ the lighter , that men doe with him by open proclamation , as men doe with clipped & light money ; they are now crying down Christ some grain weights , & some pounds or shillings , & they will have him lie for a penny or a pound , for one , or for ane hundreth , according as the wind bloweth from the east , or from the west ; but the Lord hes weighed him , & ballanced him already , This is my welbeloved Son in whom I am well pleased ●ear ye him , his worth , & his weight standeth still ; It is our part to cry up , up with Christ , & down , down with all created glory before him . O that I could highten him , & highten his name , & highten his throne ! I know , & am perswaded , that Christ shall again be high , & great in this poor withered , & sun-burnt Kirk of Scotland , & that the sparks of our fire , shall flee over sea , & round about , to warme you , & other sister-churches , & that this tabernacle of Davids house that is fa●len , even the Son of David his waste places shall be built again , & I know the prison , crosses , persecutions , & trials of the two slain witnesses , that are novv dead , & buried Rev. 11. & of the faithfull professors have a back-door & back entrie of escape , & that death & hell , and the vvorld & tortures , shall all cleave , & split in tvvain , & give us free passage & libertie to goe through them toll-free , & vve shall bring all Gods good metall out of the furnace again , and leave behinde us but our drosse , & our scumme : we may then before hand proclaim Christ to be victorious , He is crowned King in mount Sion , God did put the crown upon his head , Psal. 2. And who dare take it off again ? out of question he hath sore & grievous quarrells against his church , and therefore , He is called , Is. 39. 10. He whose fire is in Sion & whose furnace is in Ierusalem . But when he hath performed his work on mount Sion , all Sions haters shall be as the hungry , and thirstie man , that dreams he is eating and drinking , and behold when he awaketh he is faint , and his soul empty : and this advantage we have also , that he will not bring before sun , & moon , all the infirmities of his wife ; it is the modesty of marriage-anger , or husband-wrath , that our sweet Lord Jesus will not come with chiding to the streets , to let all the world hear what is betwixt him , & us ; his sweet gloomes stay under roofe , and that because he is God. Two speciall things ye are to minde . 1. Try & make sure your profession ; that ye cary not empty lamps : alace security , security is the bane , & the wrack of the most part of the world ! Oh how many professors goe with a golden lustre , & gold-like before men , ( who are but witnesses to our white skin ) & yet are but bastard & base metall : consider how fair before the wind some doe ply , with up sailes , and white , even to the nick of illumination , Heb. 6 : 5 , And tasting , of the heavenly gift , & a share and part of the holy Ghost , & the tasting of the good word of God , & the powers of the world to come : & yet this is but a false nick of renovation , and in a short time , such are quickly broken upon the rocks , and never fetch the harbour , but are sanded in the bottome of hell . O make your heaven sure , and try how ye come by conversion ; that it be not stolen goods , in a white & wel-lustred profession ! a white skin over old wounds maketh an under-cotting conscience : false under-water not seen , is dangerous , & that is a lek , and rift in the bottome of an enlightened conscience , often falling , & sinning against light . Woe , woe is me , that the holy profession of Christ , is made a stage garment by many , to bring home a vain fame ; & Christ is made to serve mens ends : this is as it were to stop an oven with a Kings robes . Know. 2. except men martyre & slay the body of sin , in sanctified self-denial , they shall never be Christs martyrs , and faithfull witnesses . Oh if I could be master of that house-idol my self , my own , mine , my own will , wit , credit , & ease ! how blessed were I ? O but we have need to be redeemed from our selves , rather then from the Devil , & the vvorld ! learn to put out your selves , & to put in Christ for your selves : I should make a sweet b●rtering , & niffering , & give old for new , if I could shuffle out self , & substitute Christ my Lord in place of my felf to say , not I , but Christ , not my will , but Christs ; not my ease , not my lust , not my feckl●ss Credit , but Christ , Christ. But alace in leaving our selves , in s●t●ng Christ before our Idol , self , we have yet a glaik●d back-look to our old Idol . O wretched Idol , my self , when shall I see thee wholly decourted , & Christ wholly put in thy room ? Oh if Christ , Christ , had the full place & room of my self , that all my aimes , purposes , thoughts , & desires , would coast and land upon Christ , & not upon my self ! & y●t howbeit we can not attain to this denial of me , & mine , that we can say I am not my self , my self is not my self , mine own is no longer mine own ; yet our aiming at this in all we doe , shall be accepted : for alace I think I shall di● , but minting & aiming to be a Christan : Is it not our comfort that Christ the mediator of the new covenant is come betwixt us , & o●od in the bussinesse , so that green & young heirs , the like 〈◊〉 sinners , have now a Tutour that is God , & now God be thanked , our salvation is bottomed on Christ : sure I am the he bottome shall never fall out of heaven & happinesse to us : I would give over the bargain , a thousand times , were it not , that Christ his free grace , hath taken our salvation in hand . Pray , pray , & contend with the Lord , for your sister-Church ; for it would appear the Lord is about to spier for his scattered sheep , in the dark and cloudy day . O that it would please our Lord to set up again Davids old wasted , and fallen tabernacle , in Scotland ; that we might see the glory of the second temple in this land ! O that my little heaven were wodset , to redeem the honour of my Lord Jesus , among Jews , & Gentils ! let never dew lie upon my branches , and let my poor flower wither at the root , so being Christ were enthroned , and his glory advanced in all the world , & especially in these three Kingdomes : but I know he hath no need of me , what can I adde to him ? but oh that he would cause his high & pure glory run through such a foul channel as I am ! & howbeit he hath caused the blossome fall off my one poor joy , that was on this side of heaven , even my liberty to preach Christ to his people , yet I am dead to that now , so being he would hew and carve glory , glory for evermore , to my royall King , out of my silence , & sufferings . Oh that I had my fill of his love , but I know ill manners make an uncouth & strange bridegroom . I intreat you earnestly for the aide of your prayers , for I forget not you , & I salute with my soul in Christ , the faithfull Pastors , and honourable & worthy Professors in that Land. Now the God of peace that brought again our Lord Jesus from the dead , the great shephered of the sheep , by the blood of the everlasting covenant , make you perfect , in every good work , to doe his will ; working in you that which is well pleasing in his sight , Grace , Grace be with you . Aberden , Feb. 4. 1638. Yours in his sweeetest Lord Iesus , S. R. To the truly noble & elect lady my lady VICOUNTESSE of KENMURE . ( 4 ) Noble & elect Lady . THat honour that I have prayed for these sixteen yeers , with submission to my Lords will , my kind Lord hath now bestowed upon me ; even to suffer for my royall & princely King Jesus & for his Kingly crown , & the freedom of his Kingdom , that his father hath given him . The forbidden Lords have sentenced me with deprivation , & confinement within the town of Aberden . I am charged in the Kings name , to enter against the twentie day of August next , & there to remain during the Kings pleasure , as they have given it out . howbeit Christs green crosse newly laid upon me , be somewhat heavie , while I call to minde the many fair dayes , sweet & comfortable to my soul , & to the souls of many others , & how young ones in Christ ; are plucked from the breast , and the inheritance of God laid waste : yet that sweet smelled & perfumed crosse of Christ , is accompanied with sweet refreshments , with the kisses of a King , with the joy of the holy Ghost , with faith that the Lord hears the sighing of a prisoner , with undoubted hope ( as sure as my Lord liveth ) after this night , to see day light , & Christs skie to clear up again upon me , & his poor Kirk , & that in a strange Land amongst strange faces he will give favour in the eyes of men , to his poor oppressed servant , who dow not but love that lovely one , that princely one , Jesus the comforter of his soul. All would be well if I were free of old challanges for guiltiness , & for neglect in my calling , and for speaking too little for my welbeloveds crown , honour , & Kingdom . Oh for a day in the assembly of the saints to advocate for King Jesus ! If my Lord goe on now to quarrels also , I die , I cannot endure it : but I look for peace from him , because he knoweth I dow bear mens feud but I dow not bear his feud : this is my onely exercise , that I fear I have done little good in my ministry : but I dare not but say , I loved the bai●●s of the wedding chamber ; and prayed for & desired the thriving of the marriage , & coming of his Kingdom . I apprehend no lesse then a judgement upon Galloway , & that the Lord shall visit this whole nation , for the quarrell of the covenant . But what can be laid upon me , or any the like of me , is too light for Christ : Christ dow ●ear more & would bear death & burning quick , in his we●k servants , even for this honourable cause , that I now suffer for . Yet for all my complaints ( & he knoweth that I dare not now dissemble ) he was never sweeter , & Kinder then he is now ; one kisse now , is sweeter then ten long since , sweet , sweet is his crosse ; light , light & easie is his yoke . O what a sweet step were it , up to my fathers house thorow ten deaths , for the truth , and cause , of that unknown and so , not-halfe-wel-loved plant of renown , the man called the Branch , the chief among ten thousands , the fairest among the sons of men ! O what unseen joyes , how many hidden heart-burnings of love , are in the remnants of the sufferings of Christ ! my dear worthy Lady I give it to your La : under my own hand ( my heart-writing as well as my hand ) welcome , welcome , sweet , sweet , & glorious crosse of Christ , welcome sweet Jesus , with thy light crosse , thou hast now gained & gotten all my love from me , ●eep what thou hast gotten . Onely , woe , woe is me , for my bereft-flock , for the Lambs of Jesus , that I fear shall be fed with dry breasts , but I sparenow . Madam , I dare not promise to see your La : because of the little time I have alloted me , & I purpose to obey the King , who hath power of my body , & rebellion to Kings is unbeseeming Christs Ministers . Be pleased to acquiant my Lady Marre with my case , I will look your La : & that good Lady will be mindfull to God of the Lords prisoner , not for my cause , but for the Gospels sake . Madam bind me more ( if more can be ) to your La : and write thanks to your brother my Lord of Lorne for what he hath done for me , a poor unknown stranger to his Lo : I shall pray for him , & his house , while I live , It is his honour , to open his mouth in the streets for his wronged , and oppressed master Christ Jesus . Now Madam commending your La : and the sweet childe to ●he tender mercies of mine own Lord Jesus , and his good will who dwelt in the bush ; I Rest. Edinb : July 28. 1636. Yours in his own sweetest , Lord Iesus , S. R. To the Noble & Christian Lady the VICOUNTESSE of KENMURE . ( 5 ) My very Honourable & dear Lady GRace mercy & peace , be to you , I cannot forget your La : & that sweet childe , I desire to hear what the Lord is doing to you , & him : to write to me were charity , I cannot but write to my friends , that Christ hath try●ted me in Aberden , & my adversaries have sent me here , to be feasted with love-banquets with my royall , high , high , & princely King Jesus . Madam why should I smother Christs honesty , I dare not conceal his goodness to my soul , he looked fram'd and uncouth-like upon me , when I came first here ; but I beleeve himself better then his looks : I shall not again quarrell Christ for a gloome , now he hath taken the mask off his face & saith kisse thy fill , & what can I have more , while I get great heaven in my little armes . O how sweet are the sufferings of Christ , for Christ ! God forgive them that raise an ill report upon the sweet crosse of Christ , it is but our weak & dim eyes , that look but to the black side that makes us mistake : these who can take that crabbed-tree hand-somely upon their back , & fasten it on cannily , shall finde it such a burden , as wings unto a bird , or sailes to ship . Madam rue not of your having chosen the better part : upon my salvation this is Christs truth I now suffer for , if I found but cold comfort in my sufferings , I would not beguile others , I would have told you plainly ; but the truth is , Christs crown , his scepter , and the freedom of his Kingdom , is that , which is now called in question : because we will not allow that Christ pay tribute and be a vassall to the shields of the earth , therefore the sons of our mother are angry at us : but it becometh not Christ to hold any mans stir●up : It were a sweet and honourable death to die for the honour of that royall , & princely King Jesus : his love is a mystery to the world : I would not have beleeved that there was so much in Christ , as there is , Come & see maketh Christ to be known in his excellency & glory . I wish all this Nation knew how sweet his breath is , it is little to see Christ in a book , as men doe the world in a card , they talke of Christ by the book & the tongue , & no more ; but to come nigh Christ and hausse him , & embrace him , is another thing . Madam I write to your Honour for your encouragement in that honourable profession , Christ hath honoured you with : Ye have gotten the Sunny side of the brae , & the best of Christs good things ; he hath not given you the bastard's portion , & howbeit ye get strokes & sowre looks from your Lord , yet beleeve his love more then your own feeling , for this world can take nothing from you , that is truly yours , & death can doe you no wrong : your rock doeth not ebbe & flow , but your sea : that which Christ hath said he will bide by it , he will be your tutour , you shall not get your charters of heaven to play you with : It is good that ye have lost your credit with Christ , & that Lord fr●ewill shall not be your tutour , Christ will lippen the taking of you to heaven neither to your self , nor any deputy , but onely to him self , blessed be your tutour : When your head shall appear , your bridegroom & Lord , your day shall then dawn & it shall never have an afternoon nor an evening shadow . Let your childe be Christs , let him stay beside you , as the lords pledge , that you shall willingly render again if God will. Madam I finde folks here kind to me , but in the night , & under their breath ; my masters cause may not come to the crown of the causey , others are kind according to their fashion , many think me a strange man , & my cause not good ; but I care not much for mans thoughts or approbation : I think no shame of the crosse . The preachers of this town pretend great love , but the Prelats have added to the rest this gentle cruelty ( for so they think of it ) to discharge me of the pulpits of this town , the people murmur , & cry out against it , and to speak truly howbeit Christ is most indulgeat to me otherwise , yet my silence on the Lords day keeps me from being exalted above measure , & frō●●artling in the heat of my Lords love . Some people affect me , for the which cause , I hear the preachers here , purpose to have my confinement changed , to another place ; so cold is northern love : but Christ and I will bear it . I have vvrestled long with this sad silence , I said what aileth Christ at my service , and my soul hath been at a pleading with Christ , & at yea & nay ; but I will yeeld to him , providing my suffering , may preach more then my tongue did ; for I gave not Christ an inch but for twice as good again : in a word I am a fool , & he is God. I will hold my peace hereafter . Let me hear from your La : & your Dear Childe pray for a prisoner of Christ who is mindfull of your La : Remember my obliged obedience to my good Lady Marre , Grace , Grace be with you . I write & pray blessings to your sweet childe . Aberd. Nov. 22. 1636. Yours in all Dutiefull obedience in his onely Lord Iesus , S. R. To the right honourable & Christian Lady , my Lady VICOUNTESSE of KENMURE . ( 6 ) MADAM . GRace , Mercy & peace be to you : I received your La : letter , it refreshed me in my heavinesse : the blessing & prayers of a prisoner of Christs come upon you . Since my coming hither , Galloway sent me not a line , except what my Brother , Earlstoun , & his son did write : I cannot get my papers transported : but Madam I want not kindnesse of one , who hath the gate of it , Christ ( if he had never done more for me since I was borne ) hath ingaged my heart , & gained my blessing , in this house of my pilgrimage . It pleaseth my welbeloved to dine with a poor prisoner , and the Kings spiknard casteth a fragrant smell : nothing grieveth me , but that I eat my feasts my alone , and that I cannot edifie his saints : O that this Nation knew what is betwixt him and me , none would skar at the crosse of Christ ! my silence eates me up , but he hath told me , he thanketh me no lesse , then if I were preaching daily , he sees how gladly I would be at it , & therefore my wages are going to the fore up in heaven , as if I were still preaching Christ. Captains pay duely bedfast souldiers , howbeit they dow not march , nor carry armour ; Though ●srael be not gathered , yet shall 〈◊〉 be glorious in the eyes of my Lord , & my lord shall be my strength , If●● 49 : 5. my garland , The Banished Minister , ( the te●ne of Aberden ) ashameth me not : I have seen the white side of Christs crosse , lovely , hath he been to his oppressed servant : Psal. 146 : 7. The Lord executeth judgement for the oppressed , he giveth food to the hungry , the Lord looseth the prisoner , the Lord raiset● them that are bowed down , the Lord preserveth the stranger . If it were come to exchanging of crosses , I would not exchange my crosse with any , I am wel-pleased with Christ , & he with me ; I hope none shall hear us . It 's true for all this , I get my meat with many stroks , and am seven times a day up & down , & am often anxious , & cast down for the case of my oppressed brother , yet I hope the Lord will be surty for his servant . But now upon some weak , very weak experience , I am come to love a rumbling and raging devil beit , seeing we must have a devil to hold the saints waking , I wish a cumbersome devil , rather then a secure & sleeping one . At my first coming hither , I took the dorts at Christ ; and took up a stoma●k against him , I said he had cast me over the dike of the vineyard , like a drie tree ; but it was his mercy I see , that the fire did not burn the drie tree , & now as if my Lord Jesus had done the fault , & not I , ( who belied my Lord , ) he hath made the first mends , & he spake not one word against me , but hath come again , & quickned my soul with his presence : nay now I think the very a●●uety , and casualities of the crosse of Christ Jesus my Lord , & these comforts that accompany it , better , then the worlds set rent . O how many rich off-fallings are in my Kings house , I am perswaded , & dare pawnd my salvation on it , that it is Christs truth I now suffet for : I know his comforts are no dreams , he would not put his seal on blank paper , nor deceive his afflicted ones , that trust in him . Your La ; wrote to me , that ye are yet an ill scholler : Madam ye must goe in at heavens gates , and your book in your hand , still learning , you have had your own large share of troubls , & a double portion ; but i● saith your Father counteth you not a ba●tard ; fu●-begotten bairns are nurtured , Heb. 12. 8. I long to hear of the childe , I write the blessings of Christs prisoner & the mercies of God to him ; let him be Christs & yours betwixt you , but let Christ ●e whole play-maker , let him be the lender , & ye the borrower , not an owner : Madam it is not long since I did write to your La : that Christ is keeping mercy for you , & I bide by it still , & now I write it under my hand : love him dearly , win in to see him , there is in him , that which you never saw , he is a●●igh , he is a tree of life , green , & blossoming , both summer and winter . there is a nick in Christianity , to the which whosoever cometh , they see and feel more then others can doe : I invite you of new to come to him , Come & See will speak better things of him then I can doe , come neerer , come neerer wil say much . God thought never this world a portion worthy of you , he would not even you to a gift of dirt & clay , nay he will not give you Esa●'s portion , but reserves the inheritance of Jacob for you : are ye not well married now ? have you not a good husband now ? my heart cannot expresse what sad nights I have for the virgin daughter of my people : woe is me for our time is coming , Ezek. 7 : 10. behold the day , behold it is come , the morning hath gone forth , the rod hath blossomed , pride hath bu●ded , violence is risen up in a rod of wickedness , the sun is gone down upon our prophets : A drie wind upon Scotland , but neither to fan nor to cleanse ; but out of all question when the Lord hath cut down his forrest , the after-growth of Lebanon shall flourish , they shall plant vines in our mountains , and a cloud shall yet fill the Temple . Now the blessing of our dearest Lord Jesus , & the blessing of him that is seperat from his brethren come upon you . Yours at Aberden the prisoner of Christ , S. R. To the honourable & truly noble lady , the VICOUNTESSE of KENMURE . ( 7 ) MADAM . GRace , mercy & peace be to your La : I long to hear from you , I am here waiting if a good wind long-looked for , sha●● at length blow in Christs sailes in this land : But I wonder if Jesus be not content , to suffer more yet in his members , & cause , & beauty of his house ; rather then he should not be avenged upon this land : I hear many worthy men ( who see more in the Lords dealing , then I can take up with my dim sight ) are of a contrait minde , & doe beleeve the Lord is coming home again to his house in Scotland : I hope he is on his journey that way , yet I look not , but that he shall feed this land , with their own blood , before he establish his throne amongst us : I know your Honour is not looking after things here-away , ye have no great cause to think , that your stock , & principall , is under the roof of these visible heavens : & I hope ye would think your self a beguiled and co●sened Soul if it were so , I would be sorry to counsell your La : to make a covenant with time , & this life ; but rather desire you to hold in fair generals , & far off , from this ill founded heaven that is on this side of the water . It speaketh some what , when our Lord bloweth the bloome off our daft hopes in this life , & loppeth the branches of our worldly joyes well nigh the root , on purpose , that they should not thrive . Lord spill my fools heaven in this life , that I may be saved for ever . A forfeiture of the saints part of the yolke and marrow , of short-laughing happinesse worldly ; is not such a real evil , as our blinded eyes doe conceive : I am thinking long now for some deliverance , more then before ; but I know I am in an errour : It is possible I am not come to that measure of triall , that the Lord is seeking in his work . If my friends in Galloway would effectualy doe for my deliverance , I would exceedingly rejoyce : but I know not , but the Lord hath a way , whereof he will be the only reaper of praises . Let me know with the bearer , how the childe is , the Lord be his Father , & Tutour , & your onely comforter : There is nothing here where I am , but profanitie & atheisme . Grace , grace be with your La. Aberd. Feb. 13. 1637. Your La : at all oblidged obedience in Christ , S. R. To the noble & Christian lady the VICOUNTESSE of KENMURE . ( 8 ) MADAM . GRace , mercy & peace be to you , I would not omit the occasion to write to your La : with the bearer : I am glad the childe is well , Gods favour even in the eyes of men be seen upon him : I hope your La : is thinking upon these sad & woefull dayes , wherein we now live ; when our Lord in his righteous judgment , is sending the kirk the gate she is going , to Romes brothell house to seek a lover of her own , seeing she hath given up with Christ her husband . O what sweet comfort , what rich salvation , is laid up for these , who had rather wash and roll their garments in their own blood , then break out from Christ by Apostasie ! keep your self in the love of Christ , & stand far aback from the pollutions of the vvorld : side not with these times , and hold off from coming nigh the signs of a conspiracie with these , that are now come out against Christ ; that ye may be One keept for Christ onely : I know your La : thinketh upon this , and how ye may be humbled for your self & this backsliding land ; for Iavouch , that wrath from the Lord is gone out against Scotland . I think ay the longer the better of my Royall and worthy master , he is become a new welbeloved to me now , in renewed consolations , by the presence of the spirit of grace and glory : Christs garments smell of the powder of the marchant when he cometh out of his Ivory chambers ; O his perfumed face , his fair face , his lovely & kindly kisses , have made me a poor prisoner see , there i● more to be had of Christ in this life , then I beleeved : we think all is but a little earnest , a four hours , a small tasting we have , or is to be had in this life , ( which is true compared with the inheritance ) but yet I know it is more , It is the Kingdom of God within us . Woe , woe , is me , that I have not ten loves , for that one Lord Jesus , and that love f●ileth , & d●ieth up in loving him ; & that I finde no way to spend my love-desires , and the yolke of my heart upon that fairest , & dearest one : I am far behinde with my narrow heart . O how ebbe a soul have I to take in Christs love ! for let worlds be multiplied according to Angels understanding , in millions , while they weary themselves ; these worlds would not contain , the thousand part of his love . O if I could yoke in amongst the thick of Angels , & Seraphims , & now-glorified Saints ; & could raise a new love-song of Christ , before all the world ! I am pained with wondering at new opened treasures in Christ , if every finger , member , bone , and joynt , were a torch burning in the hottest fire in hell , I would they could all send out love-praises , high songs of praise for evermore , to that plant of renown , to that royall & high Prince Jesus my Lord : but alace his love swelleth in me , & findeth no vent : alace what can a dumb prisoner doe or say for him . O for an ingine to write a book of Christ and his love , nay I am left of him bound , & chained with his love , I cannot finde a loosed soul to lift up his praises , and give them out to others ; but oh my day light hath thick clouds , I cannot shine in his praises , I am often like a ship plying about to seek the wind , I saile at great leisure , and cannot be blowne upon that lovliest Lord. O if I could turn my sailes to Christs right arth , & that I had my hearts wishes of his love ! But , I but marre his praises , nay I know no comparison of what Christ is , and what his worth is , all the Angels , & all the glorified , praise him not so much as in halfes , who can advance him or utter all his praises ? I want nothing , unknown faces favour me , enemies must speak good of the truth , my masters cause purchaseth commendation . The hopes of my enlargement from appearances are cold , my faith hath no bed to sleep upon , but omnipotency . The goodwill of the Lord , & his sweetest presence be with you and that childe . Grace & peace be yours . Aberden , 1637. Your Lae in all duty in his sweet Lord Iesus , S. R. To the right honourable & Christian Lady the VICOUNTESSE of KENMURE . ( 9 ) MADAM . GRace , mercy & peace be to your La : I would not omit to write a line with this christian bearer , one in your La : own case , driven neer to Christ , in , and by , her affliction . I wish that my friends in Galloway forget me not , however it be Christ is so good , that I will have no other tutour , suppose I could have waile & choise of ten thousand beside : I think now five hundred heavie hearts for him too little . I wish Christ now weeping , suffering , & contemned of men , were more dear & desirable to many souls then he is : I am sure if the saints wanted Christs crosse , so profitable & so sweet , they might for the gain and glory of it , wish it were lawfull , either to buy or borrow his crosse ; but it i● a mercy that the saints have it laid to their hand for nothing , for I know no sweeter way to heaven , then through free grace , & hard trials together , & one of these cannot well want another . O that time would Post faster , & hasten our long-looked for communion , with that fairest , fairest among the sons of men ! O that the day would favour us , & come , and put Christ & us in others armes ? I am sure a few yeers will doe our turn , & the souldiers hour-glasse will soon run out . Madam look to your lamp , and look for your Lords coming , & let your heart dwell aloof from that sweet childe ; Christs jealousie will not admit two equall loves in your La : heart , he must have one , & that the greatest ; a little one to a creature may , & must suffice a soul married to him , your maker is your husband , Isa. 54. I would wish you well , & my obligation these many yeers by gone speak no lesse to me , but more I can neither wish , nor pray , nor desire for to your La : then Christ singled & wailed out , from all created good things : or Christ howbeit wet in his own blood , and wearing a crown of thorns . I am sure the saints at their best , are but strangers to the weight , & worth of the incomparable sweetnesse of Christ : He is so new , so fresh in excellency , every day of new , to these that search more and more in him , as if heaven could furnish as many new Christs ( If I may speak so ) as there are dayes betwixt him & us , & yet he is one and the same . Oh we love an unknown lover , when we love Christ ! Let me hear how the childe is every way , the Prayers of a prisoner of Christ be upon him , grace for evermore even while glory perfect it , be with your La : Aberd. 1637. Yours in his sweet Lord Iesus , S. R. To the noble & Christian lady the VICOUNTESSE of KENMURE . ( 10 ) MADAM . NOtwithstanding the great haste of the bearer I would blesse your La : in paper : desiring , that since Christ hath ever envied , that the world should have your love by him , that ye give your self out for Christ , and that ye may be for no other . I know none worthy of you but Christ , Madam I am either suffering for Christ , and this is either the sure and good way , or I have done with heaven and will never see Gods face ( which I blesse him cannot be . ) I write my blessing to that sweet childe that ye have borrowed from God , he is no heritage to you but a loan , love him as folks doe borrowed things : my heart is heavie for you . They say the Kirk of Christ hath neither son , nor heir , and therefore her enemies shall possesse her : but I know she is not that ill friended , her husband is her heir , and she his heritage . If my Lord would be pleased I would desire some were dealt with , for my return to Anwoth , but if that never be , I thank God Anwoth is not heaven , preaching is nor Christ , I hope to wait on . Let me hear how the childe is , and your La : minde & hopes of him , for it would ease my heart to know that he is well . I am in good terms with Christ , but oh my guiltinesse , yet he bringeth not plea's betwixt him and me to the streets , and before the sun . Grace , grace , for evermore be with your La : Aberd. 1637. Your La : at all obedience in Christ , S. R. To the right honourable & Christian Lady , my Lady VICOUNTESSE of KENMURE ( 11 ) MADAM . GRace mercy & peace to you : I am refreshed with your Letter : the right hand of him to whom belong the issues from death , hath been gracious to that sweet childe , I dow not , I doe not forget him , & your La : in my prayers . Madam for your own case , I love carefull , and withall doing-complaints of want of practice , because I observe many who think it holiness enough , to complain and set themselves at nothing ; as if to say I am sick , would cure them : they think complaints a good charme for guiltiness . I hope ye are wrestling & strugling on , in this dead age , wherin folks have lost tongue , and legs and armes for Christ. I urge upon you Madam , a neerer communion with Christ and a growing communion : There are curtains to be drawn by , in Christ , that we never saw ; and new foldings of love in him : I despair that ever I shall win to the far end of that love , there are so many plies in it . Therefore dig deep , and sweat , and labour , and take paines for him ; and set by so much time in the day for him ; as you can : he will be win with labour . I , his exiled prisoner sought him , and he hath rued upon me , and hath made a moan for me , as he doth for his own , Jer. 31 : 20. Isa 45 : 11. and I know not what to doe with Christ , his love surroundeth , and surchargeth me . and burdened with it , but O how sweet & lovely is that burden , I dow not keep it within me : I am so in love with his love , that if his love were not in heaven , I would be unwilling to goe there . O what weighing & what telling is in Christs love ! I fear nothing now so much , as the laughing of Christs crosse , & the love-showers that accompany it : I wonder what he meaneth to put such a slave at the board-head , at his own elbow . Oh that I should lay my black mouth to such a fair , fair , fair face as Chri●…s : but I dare not refuse to be loved , the cause is not in me why he hath looked upon me , & loved me , for he got neither budde nor hire of me , it co●t me nothing , it is good cheap love . O the many pound-weights of his love under which I am sweetly pressed ! Now Madam , I perswade you , the greatest part but play with Christianity , they put it by hand easily : I thought it had been an easie thing to be a Christian , and that to see● God , had been at the next door , but oh the windings , the turnings , the up's , & the down's , that he hath led me through , and I see yet much way to the foord , he speaketh with my reins in the night season and in the morning , when I awake I finde his love-arrowes that he shot at me , sticking in my heart : who will help me to praise ? who will come lift with me , & set on high his great love ? and yet I finde that a fir●-flaught of challanges will come in at mid-summer , and question me , but it is onely to keep a ●inner in order . As for Friends I shall not think the world , to be the world , if that well goe not drie , I trust in God , to use the world as a Canny or Cunning-master do●th a knave-servant ( at lest God give me grace to doe so ) he giveth him no handling or credit , onely he intrusteth him with common errands , wherin he cannot play the knave : I pray God I may not give this world credit of my joyes , and comforts , and confidence , that were to put Christ out of his office : nay I counsel you Madam , from a little experience , let Christ ke●p the great seal , & intrust him so , as to hing your vessels great and small , and pin your burdens upon the nail fastened in Davids house , Isai. 22 : 23. L●t me not b● well , if ever they get th● tutouring of my comforts : away , away with irresponsall Tutours , that would play me a slip , & then Christ would laugh at me , & say well-wared , try again ere ye trust . Now woe is me for my whorish mother the Kirk of Scotland ; Oh who will bewaile her : Now the presence of the great Angel of the covenant to be with you & that sweet childe . Aberd. March. 7. 1637. Yours in his sweet Lord Iesus , S. R. To the right honourable & Christian Lady , my Lady KENMURE . ( 12 ) MADAM . UPon the offered opportunity of this worthy bearer I could not omit to answer the heads of your letter . 1. I think not much to set down in paper some good things anent Christ , that sealed and holy thing , & to feed my soul with raw wishes to be one with Christ ; for a wish is but broken & half-love , but verily to obey this , come & see : is a harder matter . but oh I have rather smoak then fire , & guessings rather then reall assurances of him : I have little or nothing to say , that I am as one who hath found favour in his eyes ; but ther is some pining & mismannered hunger , that maketh me miscall and nickname Christ as a changed Lord , but alace it is ill flitten . I can not bel●eve without a pledge , I cannot take Gods word without a Caution ; as if Christ had lost and sold his credit , and were not in my books responsall and law-biding , but this is my way , for his way is , Ephes. 1 : 13. after that ye beleeved ye were sealed , with the holy spirit of promise . 2. Ye write that I am filled with knowledge , and stand not in need of these warnings , but certainly my light is dim , when it cometh to handy-grips : and how many have full coffers & yet empty bellies : light and the saving use of light , are far different . O What need have I to have the ashes blowen away from my Dying-out fire ! I may be a book-man , and be an Idiot & stark fool in Christs way , learning will not beguile Christ , the Bible beguiled the Pharasees , & so may I be misted : Therefore as night watches hold one another waking , by speaking to one another , so have we need to hold one another on foot ; sleep stealeth away the light of watching , even the light that reproveth sleeping . I doubt not but moe should fetch heaven , if they beleeved not heaven to be at the next door : the worlds negative holiness , no adulterer , no murderer , no thief , no Cousiner , maketh men beleeve they are already glorified saints : but the , 6. Chap. to the , Heb : may affright us all , when we hear that men may take of the gifts , and common graces of the holy spirit , and a taste of the powers of the life to come , to hell with them : here is reprobate silver which yet seemeth to have the Kings Image , and superscription upon it . 3. I finde you complaining of your self , & it becometh a sinner so to doe , I am not against you in that , sense of death , is a sib friend , & and of kin and blood to life , the more sense , the more life , the more sense of sin , the lesse sin . I would love my pain , & sorness , & my wounds , howbeit these should bereave me of my nights sleep , better then my wounds without pain . O how sweet a thing is it , to give Christ his handfull of broken armes , & legs , & disjointed bones . 4. Be not afraid for little grace , Christ soweth his livingseed , & he will not lose his seed : if he have the guiding of my stock , and state , it shall not miscarry . Our spilt works , losses , deadness , coldness , wretchedness ; are the ground which the good husband-man laboureth . 5. Ye write that his compassions faile not , notwithstanding that your service to Christ miscarrieth : To the which I answer : God forbid that there were buying , and selling , and blocking for as good again , betwixt Christ and us ; for then free grace might goe play it , and a Saviour sing dumb , and Christ goe and sleep : but we goe to heaven with light shoulders , and all the bairn-time , and the vessels great and small that we have , are fastned upon the sure nail , Isa 23 : 24. the onely danger is , that we give grace more a doe then God giveth it , that is , by turning his grace into wantonness . 6. Ye write few see your guiltiness , and ye cannot be free with many , as with me : I Answer : blessed be God , Christ & we are not heard before men's courts , it is at home betwixt him and us , that pleas are taken away : Grace be with you . Aberd. Yours in his sweet Lord Iesus , S. R. To the right honourable & Christian Lady , my Lady KENMURE . ( 13 ) MADAM . GRace , mercy and peace be to your La : God be thanked ye are yet in possession of Christ & that sweet childe : I pray God the former may be sure heritage , & the latter a loan for your comfort ; while he doe good to his poor afflicted , withered mount Sion : & who knoweth but our Lord hath comforts laid up in store for her & you . I am perswaded Christ hath bought you by , the devil , & hell , & sin , that they have no claime to you ; & that is a rich & unvaluable mercy . Long since , ye were half challenging deaths cold kindness , in being so slow and swier to come and loose a tired prisoner : but ye stand in need of all the erosses , losses , changes , & sad hearts that befell you since that time : Christ knoweth the body of sin unsubdued ; will take them all & more : we know that Paul had need of the devils service , to buffet him , & far more we . But my dear & honourable Lady , spend your sand-glasse well : I am sure ye have law to raise 2 suspension against all , that devils , men , friends , world , losses , hell , or sin can decree against you : it 's good your crosses will but convey you to heavens gates : In●an ●an they not goe , the gate shall be closed on them , when ye shall be admitted to the throne . Time standeth not still , eternity is hard at our door . O what is laid up for you ! Therefore harden your face against the wind , & the Lamb your husband is making ready for you , the bridegroom would fain have that day , as gladly as your Honour would wish to have it , he hath not forgotten you . I have heard a rumour of the Prelats purpose to banish me , but let it come if God so will , the other side of the sea is my fathers ground aswell as this side : I ow bowing to God but no servil bowing to crosses , I have been but too soft in that : I am comforted that I am perswaded fully that Christ is halfer with me in this well-born and honest crosse , & if he claime right to the best half of my troubles , ( as I know he doeth to the whole ; ) I shall remit it over to Christ , what I shall doe in this case : I know certainly my Lord Jesus will not marre nor spill my sufferings , he hath use for them in his house . O what it worketh on me , to remember that a stranger who cometh not in by the door , shall build hay & stuble upon the golden foundation I la●d amongst that people in Anwoth : but I know providence looketh not asquint but looketh straight out , & thorow all mens darknesse : O that I could wait upon the Lord : I had but one eye , one joy , one delight , even to preach Christ , & my mothers sons were angry at me , & have put out the poor mans one eye , and what have I behinde ? I am sure this sowre world hath lost my heart deservedly , but oh that there were a d●●es-man to lay his hand upon us both , & determine upon my part of it . Alace that innocent and lovely truth should be sold , my tears are but little worth , but yet for this thing I weep , I weep : alace that my fair & lovely Lord Jesus should be miskent in his own house , it reckoneth little of five hundred the like of me : Yet the water goeth not over faiths breath , yet our King liveth : I write the prisoners blessing , the good will , & long lasting Kindnesse , with the comforts of the very God of peace be to your La : & to your sweet childe , grace , grace be with you . Aberd. Sep. 7. 1637 Your honours at all obedience in his sweet Lord Iesus , S. R. To the much honoured JOHN GORDON , Of Cardoness elder . ( 14 ) MUch honoured and dearest in my Lord , Grace , mercy & peace be to you , my soul longeth exceedingly to hear how matters goe betwixt you and Christ ; and whether or not there be any work of Christ in that parish , that will bide the triall of fire & water : let me be weighed of my Lord in a just ballance , if your souls lie not weighty upon me : you goe to bed & you rise with me , thoughts of your soul ( my dearest in our Lord ) depart not from me in my sleep ; ye have a great part of my tears , sighs , supplications , & prayers : O if I could buy your souls salvation with any suffering whatsoever , & that ye & I might meet with joy up in the Rain-bow , when we shall stand before our judge ! O my Lord forbid I have any hard thing to depon against you in that day ! O that he who quickneth the dead , would give life to my sowing among you ! what joy is there ( next to Christ ) that standeth on this side of death , would comfort me more , then that the souls of that poor people were in ●afety , & beyond all hazard of losing ? Sir , shew the people this , for when I write to you I think I write to you all old and young . fulfill my joy and seek the Lord : Sure I am , once I discovered my , lovely , royall , princely Lord Jesus to you all . Woe , woe woe shall be your part of it for evermore , if the Gospel be not the savour of life unto life to you : as many sermons as I preached , as many sentences as I uttered , as many points of dittay shall they be , when the Lord shall plead with the world , for the evil of their doings Beleeve me , I finde heaven a city hard to be won , the righteous will scarcely be saved : O what violence of thronging , will heaven take ! alace I see many deceiving them selves , for we will all to heaven , now every foul dog with his foul feet will in at the neerest , to the new & clean Jerusalem : all say they have faith , & the greatest part in the world know not and will not consider , that a slip in the matter of their salvation , is the most pitifull slip that can be ; & that no losse is comparable to this losse . O then see that there be not a loose pin in the work of your salvation ! for ye will not beleeve how quickly the judge will come ? & for your self , I know that death is waiting & hovering , & lingering at Gods command , that ye may be prepared . Then ye had need to stir you time & to take eternity , & death , to your riper advisment ; a wrong step o● a wrong stot in going out of this life , in one property , is like the sin against the holy Ghost , & can never be forgiven , because ye cannot come back again thorow the last water , to mourn for it . I know your counts are many , and will take telling , and laying , & reckoning betwixt you and your Lord ; fit your counts , and order them ; lose not the last play , what ever ye doe ; for in that play with death , your precious soul is the prize : for the Lords sake spill not the play , & lose not such a treasure . Ye know out of love I had to your soul , and out of desire I had to make an honest count for you , I testified my displeasure and disliking of your wayes very often , both in privat & publike : I am not now a witness of your doings , but your judge is alwayes your witness . I beseech you by the mercies of God , by the salvation of your soul , by your comforts when your eye strings shall break , & the face wax pale , & the soul shall tremble to be out of the lodging of clay ; and by your compearance before your awfull Judge , after the sight of this letter take a new course with your wayes , and now in the end of your day , make sure of heaven : examine your self if ye be in good earnest in Christ , for some , Heb. 6. 4. are partakers of the holy Ghost , & taste of the good word of God , & of the powers of the life to come : & yet have no part in Christ at all . Many think they beleeve , but never tremble : the devils are further on , then these , Jam. 2 : 19. Make sure to your self that ye are above ordinary professors ; the sixth part of your span-length and hand-breadth of dayes , is scarcely before you : Haste , haste , for the tide will not bide : Put Christ upon all your accounts , & your secrets : Better it is that ye give him your counts in this life , out of your own hand , then that after this life , he take them from you . I never knew so well what sin was , as since I came to Aberden ; howbeit I was preaching of it to you . To feel the smoke of hel's fire , in the throat , for half an hour , to stand beside a river of fire & brimstone , broader then the earth , and to think to be bound hand & foot , & casten in the midst of it , quick , & then to have God locking the prison door , never to be opened for all eternity : O how will it shake a conscience , that hath any life in it ! I finde the fruits of my pains to have Christ and that people once fairly met , now meeteth my soul in my sad hours , & I rejoyce that I gave fair warning of all the corruptions , now entring in Christs house , and now many a sweet , sweet , soft kisse , many perfumed well smelled kisses , & embracements , have I received of my royall Master : He & I have had much love together . I have for the present a sick , dwining life , with much pain , & much love-sickness for Christ : O what I would give to have a bed made to my wearied soul , in his bosome ! I would frist heaven for many yeers , to have my fill of Jesus in this life , & to have occasion to offer Christ to my people : & to wooe many people to Christ. I cannot tell you what sweet pain , and delight some torments are in Christs love ? I often challenge time , that holdeth us sundry . I profess to you I have no rest , I have no ease while I be over head & ears in lov's-ocean . if Christs love , ( that fountain of delight ) were laid as open to me as I would wish ; O how would I drink , and drink abundantly ! O how drunken would this my soul be ! I half call his absence cruell , and the mask & vaile on Christs face , a cruell covering , that hideth such a fair , fair face , from a sick soul. I dare not challenge himself , but his absence is a mountain of iron upon my heavie heart . O when will we meet ! O how long is it to the dawning of the marriage-day ! O sweet Lord Jesus take wide steps ! O my Lord come over mountains at one stride ! O my beloved flee like a roe , or young hart , upon the mountains of separation ! O if he would fold the heavens together like an old cloak , & shovle time and dayes out of the way , & make ready in haste the lambs wife for her husband ! Since he looked upon me , my heart is not mine own , he hath run away to heaven with it : I know it was not for nothing , that I spake so meekle good of Christ to you in publike . O if the heaven & the heaven of heavens were paper , and the sea inke , & the multitude of mountains pens of brasse , & I were able to write that paper , within , and without , full of the praises of my fairest , my dearest , my loveliest , my sweetest , my matchless , and my most marrowlesse and marvellous welbeloved ! woe is me I cannot set him out to men & Angels . O there are few tongues to sing love-songs of his incomparable excellency ! what can I poor prisoner doe to exalt him ? or what course can I take to extoll my lofty , & lovely Lord Jesus ? I am put to my wits end , how to get his name made great . Blessed they who would help me in this , how sweet are Christs back-parts ? O what then is in his face ! These that see his face , how dow they get their eyeplucked off him again ! Lookup to him and love him , O love and live . It were life to me ifye would read this letter to that people , & if they did profit by it . O if I could cause them die of love for Jesus ! I charge them by the salvation of their souls , to hang about Christs neck , & take their fill of his love , & follow him as I taught them : part by no means with Christ ; hold fast what ye have received ; Keep the truth once delivered , If ye or that people quite it in an hair , or in an hoof ; ye break your conscience in twain : and who then can mend it , and cast , a knot on it ? my dearest in the Lord stand fast in Christ : Keep the faith ; contend for Christ ; wrestle for him , & take mens feud for Gods favour , there is no comparison betwixt these . O that my Lord would fulfill my joy , and keep the young bride to Christ : that is at Anwoth , And now whoever they be , that have returned to the old vomit since my departure ; I binde upon their back , in my masters name & authority ; the long-lasting weighty vengeance , and curse of God , in my Lords name I give them a doom of black , unmixed , pure wrath , which my master shall ratifie and make good , when we stand together before him : except they timously repent , and turn to the Lord. And I write to thee , poor mourning , and broken hearted beleever , be who thou will , of the free salvation : Christs sweet balme for thy wounds , O poor humble beleever : Christs kisses for thy watery checks ; Christs blood of atonement for thy guilty soul , Christs heaven for thy poor soul , though once banished out of paradise : & my master shall make good my word ere long . O that people were wise ! O that people were wise ! O that people would spier out Christ , & never , est while they finde him ! O how shall my soul mourn in secret , if my nine yeers pained head , & sore breast , and pained back , and grieved heart , and privat , & publike prayers to God , shall all be for nothing among that people . Did my Lord Jesus send me but to summond you before your judge , & to leave your summonds at your houses ? was I sent as a witness onnly to gather your dittay's . O my God forbid : often did I tell you of a fan of Gods word to come among you , for the contempt of it . I told you often of wrath , wrath from the Lord , to come upon Scotland , and yet I bide by my Masters word ; it is quickly coming , desolation for Scotland , because of the quarrell of a broken covenant . Now worthy Sir , now my dear people , my joy , and my crown in the Lord , let him be your fear , seek the Lord , and his face , save your souls : doves flee to Christs windows : pray for me , & praise for me . The blessing of my God , the prayers and blessing of a poor prisoner and your lawfull pastor be upon you . Abrd. Iune . 16. 1367. Your Lawfull & Loving Pastor , S. R. To the right honourable & Christian Lady , my Lady BOYD. ( 15 ) MADAM . GRace , mercy and peace be to you , from God our Father , and from our Lord Jesus Christ : I cannot but thank your La : for your Letter that hath refreshed my soul. I think my self many wayes obliged to your La : for your love to my afflicted brother , now embarked with me , in that same cause : his Lord hath been pleased to put him upon truths side : I hope your La : will befriend him with your counsell , and countenance in that countrey , where he is a stranger : & your La : needeeth not fear but your kindness to his own , shall be put up in Christs accounts . Now Madam for your La : case , I rejoyce exceedingly that the Father of lights , hath made you see , that there is a ni●● in Christianity , which ye contend to be at ; & that is to quit the right eye , & the right hand , & to keep the Son of God : I hope your desire is to make him your garland , & your eye looketh up the mount , which certainly is nothing but the new creature : fear not , Christ will not cast water upon your smoaking coal , & then who else dare doe it , if he say nay ? Be sorry at corruption & not secure , that companion lay with you in your mothers womb , & was as early friends with you , as the breath of life , & Christ will not have it otherwise ; for he delighteth to take up fallen bairns & to mend broken brow● : binding up of wounds , is his office : Isai. 61. First , I am glad Christ will get employment of his calling in you , many a whole soul is in heaven , which was sicker then ye are : He is content ye lay broken arms , & legs on his knee , that he may spelk them . 2. Hiding of his face is wise love , his love is not fond , doting , & reasonless , to give your head no other pillow , while ye be in at heavens gates , but to lie betwixt his brests , & lean upon his bosome : Nay hisbairns , must often have the frosty cold side of the hill , & set down both their bare feet among thorns : His love hath eyes , & in the mean time is looking on . Our pride must have winter weather to rot it . But I know Christ & ye shall not be heard , ye will whisper it over betwixt your selves , & agree again , for the Anchor-tow abideth fast within the vaile ; the end of it is in Chrssts ten fingers , who dare pull if he hold ? I the Lord thy God will hold thy right hand , saying , fear not , I will help thee : Isa. 41 : 13. fear not Iacob . The sea-sick passenger shall come to Land , Christ will be the first that will meet you on the shore . I hope your La : will keep the Kings high-way ; goe on in the strength of the Lord in haste , as if ye had not leisure to speak to the Inne-keepers by the way : he is over beyond time in the other side of the water who thinketh long for you . For my unfaithfull self , Madam , I must say a word . At my first coming hither , the devil made many black lies of my Lord Jesus , & said the court was changed , and he was angry & would give an evil servant his leave at mid-terme ; but he gave me grace not to take my leave , I resolved to bide summonds , and sit , howbeit it was suggested & said , what should be done with a withered tree , but over the d●ke with it ? But now , now , ( I dare not , I dow not keep it up ) who is feasted as his poor exiled prisoner ? I think shame of the board-head , & the first messe , & the royall Kings dining-hall ; and that my black hand should come on such a rulers table : but I cannot mend it , Christ must have his will ; onely he paineth my soul so , sometimes with his love , that I have been nigh to passe modesty , & to cry out , he hath lest a smoaking burning coal in my heart , & gone to the door himself , and left me & it together ; yet it is not desertion , I know not what it is ; but I was never so sick for him as now . I durst not challenge my Lord , if I got no more for heaven , it is a dâting crosse . I know he hath other thing to doe , then to play with me , & tr●●le an apple with me , & that this feast will end . O for instruments in Gods name , that this is he ! and that I may make use of it , when it will be a neer friend within me , & when it will be said by a challengingdevil were is my God ? Since I know it will not laste , I desire but to keep broken meat : but let no man after me , slander Christ for his crosse . The Great Lord of the Covenant , who brought from the dead , the great shepherd of his sheep , by the blood of the eternall covenant , establish you , and keep you & yours to his appearance . Aberd. March. 7. 1637. Yours in his sweet Lord Iesus , S. R. To Mr ALEXANDER HENDERSON . ( 16 ) My reverend & dear Brother . I Received your Letters : They are as apples of gold to me , for wich my sweet feasts ( & they are above the deserving of such a sinner , high & out of measure ) I have sadness to ballast me , & weight me a little . It is but his boundless wisdom , who hath taken the tutouring of his witlesse childe , and he knoweth , to be drunken with comforts , is not safest for our stomackes : However it be , the din and noise and glooms of Christs crosse , are weightier then it self . I protest to you ( my witnesse is in heaven ) I could wish many pound weights added to my crosse , to know that by sufferings , Christ were set forward in his kingly office in this Land. Oh what is my skin to his glory , Or my losses , or my sad heart , to the apple of the eye of our Lord , & his beloved spouse , his precious truth , his royal priviledges , the glory of manifested justice in giving of his foes a dash , the testimony of his faithfull servants , who doe glorifie him when he rideth upon poor weak wormes , & triumpheth in them ! I desire you to pray that I may come out of this furnace with honesty , & that I may leave Christs truth no worse then I found it , & that this most honourable cause , may neither be stained , nor weakned . As for your case my Reverend and Dearest Brother , ye are the talking of the North and South ; & looked to so , as if ye were all crystall glasse , your mots and dust should soon be proclaimed , & trumpets blowne at your slips : But I know ye have laid help upon one that is mighty . Intrust not your comforts to mens airy & frothy applause , neither lay your down-castings on the tongues of salt mockers , & reproachers of godliness : As deceivers & yet true , as unknown & yet well known . God hath called you to Christs side , and the wind is now on Christs face in this land ; and seeing ye are with him ye cannot expect the lee-side , or the sunny-side of the brae : But I know ye have resolved to take Christ upon any termes whatsoever : I hope ye doe not rue , though your cause be hated , & that prejudices are taken up against it ; The shields of the world think our Master cumbersome wares ; & that he maketh too great din , & that his cords and yoks make blains & deep scores in their neck , therefore they kick , they say this man shall not reigne over us . Let us pray one for another , He who hath made you a chosen arrow in his quiver , hide you in the hollow of his hand : I am . Aberd. March. 9. 1637. Yours in his sweet Lord Iesus , S. R. To the right honourable my Lord LOWDON . ( 17 ) MY very noble & honourable Lord , Grace , mercy and peace be to you , I make bold to write to your Lo : that you may know the honourable cause ye are graced to prosesse , is Christs own truth . Ye are many wayes blessed of God , who hath taken upon you , to come out to the strects , with Christ on your fore-head ; when so many are ashamed of him , and hide him ( as it were ) under their cloak , as if he were a stolen Christ. If this faithless generation , ( and especially the Nobles of this Kingdom , ) thought not Christ dear wares , and Religion expensive , hazardous , and dangerous , they would not slip from his cause as they doe and stand looking on , with their hands folded behinde their back ; when lowns are running away with the spoile of Sion on their back , and the boards of the Son of Gods tabernacle . Law and Justice are to be had to any , especially for money , & moyen ; but Christ can get no law , good cheap nor dear . It were the glory and honour of you who are the Nobles of this land , to plead for your wronged bridegroom , and his oppressed Spouse , as far as zeal & standing law will goe with you . Your ordinary logicke from the event ( that it will doe no good ) to the cause ( and therefore silence , is best , till the Lord put to his own hand ) it is not ( with reverence of your Lo : Learning ) worth a straw : Events are Gods , let us doe , and not plead against Gods Office , let him sit at his own helme who moderateth all events . It is not a good course to complain that we cannot get a providence of gold , when our lasiness , cold zeal , temporizing , and faithless fearfulness spilleth good providence . Your Lo : will pardon me , I am not of that minde , that tumults or armes is the way to put Christ on his throne , or that Christ will be served & truth vindicated onely with the arme of flesh and blood : nay , Christ doeth his turn with lesse din then with garments rolled in blood . But I would , the zeal of God were in the Nobles , to doe their part for Christ : and I must be pardoned to write to your Lo : this : I dow not , I dare not but speak to others , what God hath done to the soul of his poor , afflicted , exiled prisoner : his comfort is more then I ever knew before , he hath sealed the honourable cause I now suffer for , & I shall not beleeve that Christ will put his Amen & ring upon an imagination : he hath made all his promises good to me , and hath filled up all the blanks with his own hand : I would not exchange my bonds with the plaistered joy of this whole world . It hath pleased him to make a sinner the like of me , an ordinary banquetter in his house of wine , with that royall Princely one Christ Jesus . O what weighing ! O what telling is in his love ! how sweet must he be , when that black and Burdensome tree , his own crosse , is so perfumed with joy and gladness ! O for help to lift him up by praises , on his royall throne ! I seek no more but that his name may be spread abroad in me , that meekle good may be spoken of Christ on my behalf : this being done , my losses , place , stipend , credit , case , and Liberty , shall all be made up to my full contentment , and joy of heart . I will be confident your Lo : Will goe on in the strength of the Lord and keep Christ & avouch him , that he may read your name publikly before men & Angels . I wil entreat your Lo : to exhort & encourage that Nobleman your Chief to doe the same : but I am woe , many of you finde a new wisdom , which deserveth nor such a name ; it were better that men should see , that their wisdom be holy & their holiness wise : I must be bold to desire your Lo : To adde to your former favours to me ( for the which your Lo : hath a prisoners blessing & prayers ) this , that ye would be pleased to befriend my brother , now suffering for the same cause . For he is to dwell nigh your Lo : Bounds ; your Lo : word & countenance may help him . Thus recommending your Lo : to the saving grace & tender mercy of Christ Jesus our Lord. I rest . Aberd. March. 9. 1637. Your Lo : obliged Servant in Christ , S. R. To Mr. WILLIAM DALGLISH , Minister of the Gospel . ( 18 ) Reverend & Dear Brother , GRace , mercy & peace be to you : I am well , my Lord Jesus is Kinder to me then ever he was , it pleaseth him to dine & sup with his afflicted prisoner , a King feasteth me , and his spiknard casteth a sweet smell . Put Christs love to the triall and put upon it burdens , & then it will appear love indeed : we employ not his love , & therefore we know it not . I verily count more of the sufferings of my Lord , then of this worlds lustred & overguilded glory : I dare not say but my Lord Jesus hath fully recompensed my sadness , with his joyes : my losses , with his own presence : I finde it a sweet & rich thing to exchange my sorrows with Christs joyes , my afflictions with that sweet peace I have with himself . Brother this is his own truth I now suffer for , he hath sealed my sufferings with his own comforts ; & I know he will not put his seal upon blank paper ; his seals are not dumb , nor delusive , to confirm imaginations & lyes . Goe on my dear Brother in the strength of the Lord , not fearing man that is a worm , or the son of man that will die . Providence hath a thousand keys to open a thousand sundry doors , for the deliverance of his own , when it is even come to a conclamatum est : Let us be faithfull and care for our own part , which is to doe & suffer for him , & lay Christs part on himself , & leave it there : duties are ours , events are the Lord's : when our faith goeth to medle with events & to hold a court ( if I may so speak ) upon Gods providence ( and begineth to say , how wilt Thou do this , & that ? ) we lose ground : we have nothing to doe there , it is our part to , let the Almighty exerce his own office , and stir his own helme : there is nothing left to us but to see how we may be approved of him , and how we may roll the weight of our weak souls ( in wel-doing ) upon him who is God Omnipotent : and when , what we thus essay , miscarrieth ; it shall neither be our sin nor cross . Brother , remember the Lord's word to Peter , Simon , lovest thou me ? Feed my sheep : no greater testimony of our love to Christ can be , then to feed painfully and faithfully his lambs . I am in no better neighbourhood with the Ministers here then before ; they cannot endure that any speak of me , or to me : thus I am in the mean time silent , ( which is my greatest grief . ) Dr Barron hath often disputed with me , especially about Arminian-controversies , and for the Ceremonies : three yokings laid him by , and I have not been troubled with him since : now he hath appointed a dispute before witnesses ; I trust Christ and truth shall doe for themselves . I hope Brother ye will help my people , and write to me what ye hear the Bishop is to doe to them : Grace be with you . Aberd. Your Brother in bonds . S. R. To Mr HUGH M C KAILL , Minister of the Gospel . ( 19 ) Reverend & Dear Brother . I bless you for your Letter : he is come down as rain upon the mowen grasse , he hath revived my withered root , and he is as the dew of herbs , I am most secure in this prison , salvation is for walls in it , and what think ye of these walls ? he maketh the dry plant to bud as the lilie , and to blossome as Lebanon . the great husband man's blessing cometh down upon the plants of righteousness , who may say this ( my dear Brother ) if I , his poor exiled stranger , & prisoner may not say it ? Howbeit all the world should be silent I cannot hold my peace . O how many black counts hath Christ and I rounded over together , in the house of my pilgrimage ! and how sat a portion hath he given to a hungry soul ? I had rather have Christs four-hours , then have dinner and Supper both in one from any other ; his dealing , and the way of his judgements passe finding out : No preaching , no book ; no learning could give me that , which I behooved to come and get in this Town , but what of all this , if I were not misted , confounded , and astonished how to be thankfull , and how to get him praised for evermore ? And which is more , he hath been pleased to pain me with his love , and my pain groweth through want of reall possession . Some have written to me that I am possibly too joyfull of the cross , but my joy over-leapeth the cross , it is bounded and terminat upon Christ : I know the sun will over-cloud & eclipse , and I shall again be put to walk in the shaddow , but Christ must be welcome to come and goe as he thinketh meet ; yet he would be more welcome to me I trow , to come then goe , & I hope he pitieth and pardoneth me , in casting apples to me , at such a fainting time as this , holy and blessed is his name . It was not my flattering of Christ , that drew a kiss from his mouth , but he would send me as a spie into this wilderness of suffering , to see the land , and to try the foord , and I cannot make a lye of Christs cross ; I can report nothing but good both of him , & it , lest others should faint . I hope when a change cometh , to cast anchor at midnight upon the rock ( which he hath taught me to know in this day light ) whether I may run , when I must say my lesson without book , & beleeve in the dark . I am sure it is sin to tarrow of Christs good meat , & not to eat when he saith , eat O welbeloved & , drink abundantly . If he bear me on his back , or carry me in his armes over this water , I hope for grace to set down both my feet on dry ground , when the way is better : but this is slippery ground , my Lord thought good I should goe by an hold , & lean on my welbeloved's shoulder : it 's good to be ever taking from him . I desire he may get the fruit of praises for dâting , and thus dandling me upon his knee , & I may give my bond of thankfulness ; sobeing I have Christ's back-bond again for my relief , that I shall be strengthned by his powerfull grace , to pay my vowes to him . But truly I finde we have the advantage of the brae upon our enemies , we are more then conquerours through him who hath loved us , & they know not wherein our strength lieth . Pray for me , grace be with you . Aberd. Your Brother in Christ , S. R. To my Lady Boyd . ( 20 ) MADAM . GRace , mercy & peace be unto you : the Lord hath brought me to Aberd : where I see God in few . This town hath been advised upon of purpose for me : It consisteth either of Papists , or men of Gallio's naughtie faith , it is counted wisdom in the most , not to countenance a confined Minister , but I finde Christ neither strange nor unkind ; for I have found many faces smile upon me since I came hither . I am heavie and sad , considering what is betwixt the Lord & my soul , which none seeth but he . I finde men have mistaken me , it would be no art ( as I now see ) to spin small , and make hypocrisie , seem a goodly web , and to goe through the mercat as a saint among men , & yet steal quietly to hell , without observation : So easie is it to deceive men . I have disputed whether or noe I ever knew any thing of Christianity , save the letters of that name : Men see but as men , and they call ten twenty , and twenty , an hundred , but O to be approved of God in the heart , & in sincerity , is not an ordinary mercy : my neglects while I had a pulpit , & other things whereof I am ashamed to speak , meet me now , so , as God maketh an honest cross , my daily sorrow , and for fear of scandal and stumbling , I must hide this day of the law 's pleading : I know not , if this court kept within my soul , be fenced in Christ's name . If certainty of salvation were to be bought , God knoweth , if I had ten earths , I would not prig with God. like a fool , I beleeved , under suffering for Christ , that I my self should keep the key of Christ's treasures , and take out comforts , when I listed , and eat , and be fat : But I see now , a sufferer for Christ , will be made to know himself , and will be holden at the door , as well as another poor sinner ; and will be fain to eat with the bairns , and to take the by-board , and glad so : my blessing on the cross of Christ , that hath made me see this . Oh if we could take pains for the Kingdom of heaven , but we sit down upon some ordinary markes of God's children ; thinking we have as much as will seperat us from a Reprobat , and thereupon we tak the play , and cry Holy-day : & thus the devil casteth water on our fire , & blunteth our zeal and care : but I see heaven is not at the next door : & I see howbeit my challenges be many ; I suffer for Christ , & dare hazard my salvation upon it , for some times my Lord cometh with a fair hour , & O but his love be sweet , delightfull , & comfortable ! half a kiss is sweet , but our doting love will not be content of a right to Christ , unless we get posfession ; like the man who will not be content of rights to bought land , except he get also the ridges , and acers laid upon his back , to carry home with him . However it be , Christ is wise , and we are fools ; to be browden and fond of a pawne in the loof of our hand : living on trust by faith , may well content us . Madam I know your La : knoweth this , and that made me bold to write of it , that others might reap some what by my bonds for the truth , for I should desire , and I aime at this , to have my lord well spoken of and honoured , howbeit he should make nothing of me , but a bridge over a water . Thus recommending your La : your son , and children to his grace , who hath honoured you with a name and room among the living in Jerusalem , and wishing Grace to be with your La : I rest . Aberd. Your La : in his sweetest Lord Iesus S. R. To Mr. DAVID DICKSON , ( 21 ) Reverend & Dear Brother . GRace , mercy and peace be unto you : I finde great men , especially old friends skar to speak for me , but my kingly & Royall Master biddeth me try his moyen to the uttermost , & I shall finde a friend at hand : I still depend on him , his court is as before , the prisoner is welcome to him , the black crabbed tree of my Lord's cross hath made Christ and my soul very entire , he is my song in the night : I am often laid in the dust with challenges and apprehensions of his anger , and then if a mountain of iron were laid upon me , I cannot be heavier : and with much wrestling I win in to the Kings house of wine , and for the most part my life is joy , and such joy through his comforts , as I have been afraid to shame my self , and to cry out , for I can scarce bear what I get : Christ giveth me a measure heaped up , pressed down , and running over : and beleeve it , his love paineth me more then prison and banishment . I cannot get a gate of Christ's love , had I known what he was keeping for me , I would never have been so faint-hearted . In my heaviest times when all is lost , the memory of his love maketh me think Christ's gloomes are but for the fashion : I seek no more but a vent to my wine , I am smothered and ready to burst for want of a vent . Think not much of persecution , it is before you , but it is not as men conceive of it , my suggared-cross forceth me to say this to you , ye shall have wailed meat , the sick bairn is often times the spilt ba●rn , ye shall command all the house . I hope ye help a tired prisoner to pray and praise , had I but the annuell of annuell to give to my Lord Jesus , it should ease my pain ; but Alace I have nothing to pay , he will get nothing of poor me , but I am woe I have not room enough in my heart for such a stranger . I am not cast down to goe further North , I have good cause to work for my Master , for I am well paid before the hand , I am not behinde , howbeit I should not get one smile more , till my feet be up within the Kings dining-hall . I have gone through yours upon the Covenant , it hath edified my soul and refreshed an hungry man , I judge it sharp , sweet , quick , and profound : take me at my word , I fear it get no lodging in Scotland . The Brethren of Ireland write not to me ; chide with them for that , I am sure that I may give you and them a commission ( and I will bide by it ) that you tell my beloved , I am sick of love . I hope in God to leave some of my rust , and superfluites in Aberd : I cannot get an house in this town wherein to leave drink-silver in my Master's name , save , one onely , there is no sale for Christ in the North , he is like to lie long on my hand ere any accept him . Grace be with you . Aberd. Yours in his sweet Lord Iesus . S. R. To Mr MATHEW MOWAT . ( 22 ) REverend and dear brother , I am a very far misstaken man , if others knew how poor my stock were , they would not think upon the like of me , but with compassion ; for I am as one kept under a strict Tutour : I would have more then my Tutour alloweth upon me , but it is good that a bairns wit is not the rule which regulateth my Lord Jesus : let him give what he will it shall ay be above merit , & my ability to gain therewith . I would not wish a better stock ( while heaven be my stock ) then to live upon credit at Christs hands , daily borrowing : surely running over love , that vast , hudge , boundlesse love of Christ ( that there is telling in for man and Angel ) is the onely thing , I fainest would be in hands with : He knoweth I have little but the love of that love , & that I shall be happy , suppose I never get another heaven , but onely an eternall lasting feast of that love : but suppose my wishes were poor , He is not poor ; Christ all the seasons of the yeer is dropping sweetnesse , if I had vessels I might fill them , but my old riven , holly , and running out dish , even when I am at the well , can bring little away : Nothing but Glory will make tight , and fast , our looking and rifty vessels . Alace I have skailed more of Christs Grace , love , faith , humility , and godly sorrow , then I have brought with me . How little of the sea can a childe carry in his hand , as little dow I take away , of my great sea , my boundlesse & Runing-over-Christ-Jesus : I have not lighted upon the right gate of puting Christ to the banke , & making my self rich with him : my misguiding and childish trafficking , with that matchlesse pearl , That heaven's jewell , the jewell of the fathers delights , hath put me to a great losse . O that he would take a loan of me , & my stock , and put his name in all my bonds , and serve himself Heir to the poor mean portion I have : & be countable for the talent himself ! gladly would I put Christ in my room , to guide all ; and let me be but a servant to run errands , & doe by his direction , let me be his interdicted heir : Lord Jesus , work upon my minority , & let him win a pupil's blessing . Oh how would I rejoyce to have this work of my salvation legally fastned upon Christ ! a back-bond of my Lord Jesus that it should be forthcoming to the Orphan , should be my happinesse : dependency on Christ , were my surest way : if Christ were my bottome I were sure enough . I thought guiding of grace had been no art , I thought it would come of will ; but I would spill my own heaven yet , if I had not burdened Christ with All : I but lend my bare name to the sweet covenant , Christ behinde & before , & on either side , maketh all sure : God will not take an Arminian-cautioner Freewill , a weather-cock , turning at a serpents tongue , a Tutor that couped our father Adam unto us , & brought down the house , & sold the Land , & sent the father , & mother , & all the bairns through the earth , to beg their bread : nature in the Gospel hath cracked credit . O well to my poor soul for evermore , that my Lord called grace to the councel & put Christ Jesus with free merits , & the blood of God foremost in the chase , to draw sinners after a ransomer . O what a sweet block was it , by way of buying & selling , to give and tell down a ransome for grace , & glory to Dyvours ! O would to my Lord , I could cause paper and ink speak the worth and excellencie , the high , & loud praises of a Brother-ransomer ! O the Ransomer needs not my report , but oh if he would take it , & make use of it : I should be happy if I had an errand to this world but for some few yeers , to spread proclamations & out-crys , & love-letters , of the highnes [ the highnes for evermore ] the glory ( the glory for evermore ) of the Ransomer , whose cloaths were wet , & died in blood ; howbeit that after I had done that , my soul & body should goe back to the mother nothing , that their Creator brought them once out from , as from their beginning . But why should I pine away , and pain my self with wishes , & not beleeve rather , that Christ will hire such an out-cast as I am , a masterlesse-body , put out of the house , by the sons of my mother , & give me employment , and a calling , one way , or other , to out Christ , and his wares , to countrey buyers , & propose Christ unto , & presse him upon some poor souls , that fainer then their life would receive him . You complain heavily , of your short coming in practice , and venturing on suffering for Christ : you have many marrowes . For the first , I would not put you off sense of wretcheduesse , hold on , Christ never yet slew a sighhing , groaning childe ; more of that would make you won goods , and a meet prey for Christ , Alace I have too little of it ! For venturing on suffering ; I had not somuch free gier , when I came to Christs camp , as to buy a sword , a wonder that Christ should not laugh , at such a souldier : I am no better yet ; but faith liveth & spendeth upon our Captains charges , who is able to pay for all : we need not pitie him , he is rich enough . Ye desire me also not to mistake Christ under a mask , I blesse you & thank God for it , but alace masked or bare-faced , kissing or glooming I mistake him ! yea I mistake him furthest when the mask is off ; for then I play me with his sweetness : I am like a childe that hath a golden book , that playeth more with the ribbens , and the guilding , & the picture in the first page ; then readeth the contents of it . Certainly , if my desires , to my welbeloved , were fulfilled , I could provoke divels , and crosses , & the world , & tentations to the fields : but oh my poor weakness , makes me , lie behinde the bush and hide me , Remember my service and my blessing to my Lord ; I am mindfull of him as I am able : desire him from a prisoner , to come & visite my good master , & feel but the smell of his love : it sets him well howbeit he be young , to make Christ his garland . I could not wish him in a better case , then in a fever of love-sickness for Christ : Remember my bonds , the Lord Iesus be with your spirit . Aberd. 1637. Yours in his sweet Lord Iesus , S. R. To WILLIAM HALLIDAY . ( 23 ) Loving friend . I Received your letter : I wish ye take pains for salvation , mistaken grace , & somewhat like conversion , which is not conversion , is the sadest and most dolefull thing in the world : make sure of salvation , and Lay the foundation sure , for many are beguiled : Put a low price upon world's clay , put a high price upon Christ , temptations will come , but if they be not made welcome by you ye have the best of it : be jealous over your self , & your own heart , and keep touches with God : let him not have a faint and feeble souldier of you , fear not to back Christ , for he will conquer and overcome : let no man skar at Christ , for I have no quarrels at his crosse . He and his crosse are two good guests , and worth the lodging : men would fain have Christ good cheap , but the mercat will not come down : acquaint your self with prayer , make Christ your captain and your armour , make conscience of sinning when no eye seeth you . grace be with you . Aberd. Yours in Ch : Iesus . S. R. To a Gentle Woman after the Death of her Husband . ( 24 ) DEar & loving sister , I know ye are minding your sweet countrey & not taking your Innes [ the place of your banishmet ] for your home ; this life is not worthy to be the thatch or outer wall of your Lord Jesus his paradise , that he did sweat for to you , & that he keepeth for you : Short , & silly , & sand-blinde were our hope , if it could not look over the water to our best heritage , and if it stayed only at home about the doors of our clay-house . I marvel not my dear sister , that ye complain that ye come short of your old wrestlings you had for a blessing , and that now you finde it not so , bairns are but hired to learn their lesson when they first goe to school ; and it is enough that these who run a race see the gold onely at the starting place ; and possibly they see little more of it , or nothing at all , till they win to the rink's-end and get the gold in the loof of their hand : Cur Lord maketh delicates and dainties of his sweet presence and love-visits to his own , but Christs love under a vaile is love , if ye get Christ , howbeit not the sweet and pleasant way you would have him , it is enough , for the wel-beloved cometh not our way , he must waile his own gate himself . For worldly things , seeing they are medows and fair flowers in your way to heaven , a smell in the by-going is sufficient : he that would reckon and tell all the stones in his way , in a journey of three or four hundred miles , and write up in his count book all the herbs , and flowers growing in his way , might come short of his journey , you cannot stay in your inch of time to lose your day ( seeing you are in haste , and the night and your after-noon will not bide you ) in setting your heart on this vain world , it were your wisdom to read your count book & to have in readin●s● your bussinesse against the time you come to deaths water-side : I know your lodging is taken , your forerunner Christ , hath not forgotten that , & therefore you must set your self to your one thing , which ye cannot well want . In that our Lord took your husband to himself , I know it was that he might make room for himself : he cuteth off your love to the creature , that ye might learn that God onely is the right owner of your love , sorrow , losse , sadnesse , death , or the worst things that are , except sin : but Christ knoweth well what to make of them , & can put his own in the crosses common , that we shall be obliged to affliction , & thank God who learned us to make our acquaintance with such a rough companion , who can hale us to Christ : you must learn to make evils your great good , and to spin out comforts , peace , joy , communion with Christ , out of your troubls that are Christs wooers sent to speak for you to himself . It is easie to get good words , and a comfortable message from our Lord , even from such rough serjeants , as diverse temptations : Thanks to God for crosses , when we count and reckon our losses in seeking God , we finde godliness is great gain . Great partners of a shipfull of gold , are glad to see the ship come to the harbour : surely we and our Lord Jesus together , have a shipfull of gold coming home , and our gold is in that ship . Some are so in love ( or rather in lust ) with this life , that they sell their part of the ship , for a little thing ; I would counsel you to buy hope , but sell it not , and give not away your crosses for nothing , the inside of Christs crosse is white and joyfull , and the far end of the black crosse is a fair and glorious heaven of ease : and seeing Christ hath fastned heaven to the far end of the crosse , & he will not loose the knot him self , & none else can , ( for when Christ casteth a knot all the world cannot loose it ) let us then count it exceeding joy when we fall into diverse temptations . Thus recommending you to the tender mercy , & grace of our Lord I rest . Aberd. Your Loving Brother . S. R. To JOHN GORDON Of Card nes Younger . ( 25 ) Honoured & Dear Brother . I Wrote of late to you : multitudes of letters burden me now . I am refreshed with your letter : I exhort you in the bowels of Christ , set to work for your soul , & let these bear weight with you , and ponder them seriously . 1. Weeping & gnas●ing of teeth in utter-darkness , or heaven's joy . 2. Think what ye would give for an hour when ye shall lie like dead , cold , blackned clay . 3. there is sand in your glass yet , & your sun is not gone down . 4. Consider what joy & peace is in Christs service . 5. Think what advantage it will be to have Angels , the world , life , & death , crosses , yea and devils , all for you , as the Kings serjeants , and servants , to doe your bussinesse . 6. To have mercy on your seed , & a blessing on your house . 7. To have true honour , & a name on earth : that casts a sweet smell . 8. How ye will rejoyce when Christ layeth down your head under his chinne , & betwixt his brests , & dryeth your face , & welcometh you to glory & happyness ? 9. Imagine , what pain , & torture is a guilty conscience ? What slavery to carry the Devils unhonest loads ? 10. Sins joyes are but night-dreames , thoughts , vapours , imaginations and shadowes . 11. What dignity it is to be a son of God ? 12. Dominion and mastery over tentations , over the world , and sin . 13. That your enemies should be the taile , and you the head . For your bairns now at their rest , I speak to you and your wife ( and cause her read this . ) 1. I am a witness of Barbara's glory in heaven . 2. For the rest , I write it under my hand , there are dayes coming on Scotland , when barren wombs & dry breasts , and childless parents , shall be pronounced blessed : they are then in the lee of the harbour , ere the storm come on . 3. They are not lost to you , that are laid up in Christs treasury in heaven . 4. At the Resurrection ye shall meet with them , there they are sent be●ore , but not sent away . 5. Your Lord loveth you , who is homely to take and give , borrow and lend . 6. Let not bairns be your Idols , for God will be jealouse , and take away the Idol , because he is greedy of your love wholly . I bless you , your wife and children . Grace for evermore be with you . Aberd. Your Loving Pastor . S. R. To JOHN GORDON , Of Cardoness elder . ( 26 ) HOnourable & dearest in the Lord. Your Letter hath refreshed my soul. My joy is fulfilled , if Christ and ye be fast together : ye are my joy & my crown : ye know I have recommended his love to you . I defie the world , Satan , & sin , His love hath neither brim nor bottome in it . My dearest in Christ , I write my souls desire to you : heaven is not at the next door : I finde Christianity an hard task : set to it in your evening : we would all keep both Christ & our right eye , our right hand & foot ; but it will not be with us . I beseech you , by the mercies of God ; and your compearance before Christ , look Christs count book and your own together , and collation them : give the remnant of your time to your soul : this great Idol-god , the world , will be lying in white ashes , in the day of your compearance ; & why should night-dreames , and day-shaddowes & water-froth , & May-flowers run away with your heart : when we win to the water-side , and black deaths river brinke , and put our foot in the boat , we shall laugh at our folly , Sir , I recommend you unto the thoughts of death , and how ye would wish your soul to be , when ye shall lie cold , blew , ill-smelling clay . For any hireling to be intruded , I being the Kings prisoner can not say much , but as Gods minister I desire you to read , Act. 2 , 15 , 16. to the end , & Act. 6. 2 , 3 , 4 , 5. & ye shall finde God's people , should have a voice in chusing Church-rulers & teachers . I shall be sorry if willingly ye shall give way to his unlawful intrusion upon my labours : The onely wise God direct you . God's grace be with you . Aberd. Your loving Pastor , S. R. To EARLESTOUN YOUNGER . ( 27 ) Much honoured & welbeloved in the Lord. GRace , mercy and peace be to you . Your letters give a dash to my laziness in writing : I must first tell you , there is not such a glassie , Icie , & slippery piece of way , betwixt you and heaven as Youth : I have experience to say with me here , and seal what I assert : the old ashes of the sins of my youth , are new fire of sorrow to me : I have seen the Devil , as it were , dead & buried , & yet rise again & be a worse Devil then ever he was . Therefore , my brother , beware of a green young Devil that hath never been buried : the Devil in his flowers ( I mean , the hot fiery lusts & passions of youth ) is much to be feared : better yoke with an old gray-haired , withered , dry Devil : For in youth he findeth dry sticks , & dry coals , and an hot hearth-stone , and how soon can he with his flint cast fire , and with his bellows blow it up , and fire the house : sanctified thoughts , thoughts made conscience of , and called in , and kept in aw , are green fewel , that burn not , & are a water for Satans coal . Yet I must tell you , the whole saints now triumphant in heaven and standing before the throne , are nothing but Christs forlorn and beggerly Dyvours : What are they but a pack of redeemed sinners ? But their redemption is not onely past the seals , but compleated , and yours is on the wheels , and in doing : All Christs good bairns go to heaven with a broken brow , and with a crooked leg . Christ hath an advantage of you , and I pray you let him have 't , he shall finde employment for his calling in you : if it were not with you as you write , grace should finde no sale nor mercat in you ; but ye must be content to give Christ somewhat adoe : I am glad that he is employed that way : let your bleeding soul , and your sores be put in the hand of this expert physician : let young and strong corruptions , and his free grace be yoked together , and let Christ & your sins deal it betwixt them . I will be loath to put you off your fears , and your sense of deadness : ( I wish it were more ) there be some wounds of that nature , that their bleeding should not be soon stoped : ye must take a house beside the Physician , it shall be a miracle if ye be the first sick man he put away uncured , & worse then he found you : nay , nay , Christ is honest , and in that flyting free with sinners ( Ioh. 6. 37. And him that cometh to me , I will in no , case cast out ) Take ye that : It cannot be presumption to take that as your own , when ye find your wounds stound you , presumption is ever whole at the heart , and hath but the truant-sickness , and groaneth onely for the fashion : faith hath sense of sickness , and looketh like a friend to the promise , and looking to Christ therein , is glad to see a known face . Christ is as full a feast , as ye can have to hunger : nay Christ , I say , is not a full mans leavings ; his mercy sends alwayes a letter of defiance to all your sins , if there were ten thousand moe of them . I grant you , it is a hard matter for a poor hungry man , to win his meat upon hidden Christ , for then the key of his pantrie door , and of the house of wine is a seeking , & cannot be had ; but hunger must break thorow ironlocks . I be moan them not who can make a din , & all the fields adoe , for a Lost Saviour : ye must let him hear it ( to say so ) upon both the sides of his head , when he hideth himself : it is no time then to be bird-mouth'd and patient . Christ is rare indeed , and a delicate to a sinner ; he is a miracle and a world's wonder , to a seeking and a weeping sinner , but yet such a miracle , as will be seen by them , who will come and see : the seeker , and sigher is at last a singer and enjoyer : nay , I have seen a dumb man get an almes from Christ. He that can tell his tale , and send such a letter to heaven , as he hath sent to Aberden , it is very like he will come speed with Christ. It bodeth Gods mercy to complain heartily for sin . Let wrestling be with Christ till he say , How is it , Sir , that I cannot be quite of your bills , & your misl●arned crys ? And then hope for Christs blessing , and his blessing is better then other ten blessings . Think not shame because of your guiltiness ; necessity must not blush to beg ; it standeth you hard to want Christ , and therefore that which idle on-waiting cannot doe , mis●ur●ured crying and knocking will doe . And for doubtings , because ye are not as ye were long since with your master , consider three things . 1. What if Christ had such tottering thoughts of the bargain , of the new covenant , betwixt you & him , as you have . 2. Your heart is not the compass Christ saileth by : He will give you leave to sing as ye please : But he will not dance to your daft spring . It is not referred to you , and your thoughts , what Christ will doe with the charters betwixt you and him , your own misbeleef hath torn them , but he hath the principal in heaven , with himself ; your thoughts are no parts of the New covenant , dreams change not Christ. 3. Doubtings are your sins ; but they are Christs d●ugges , & ing●●dients , that the Phisician maketh use of , for the cu●ing of your pride . Is it not suitable for a begger , to say , at meat , God re●ard the winners ? for then he sayeth , he knoweth who beareth the charges of the house . It is also meet ye should know by experience , that faith is not natur's il gotten bastard , but your Lords free gift , that lay in the womb of Gods free grace , praised be the winner . I may adde a 4. In the passing of your bill , & your charters , when they went through the Mediators great seal , and were concluded , faith's advice was not sought : saith hath not a vote beside Christs merits , blood , blood , dear blood that came from your cautioners holy body , maketh that sure work . The use then which ye have of faith now , ( having already closed with Jesus Christ for justification ) is , to take out a copy of your pardon ; & so ye have peace with God , upon the account of Christ : for since faith apprehendeth pardon , but never payeth a penny for it , no marvel that Salvation doeth not die and live , ebbe , or flow , with the working of faith , but because it is your Lords honour to beleeve his mercy , and his fidelity , it is infinit goodness in our Lord , that misbeleef giveth a dash to our Lords glory , and not to our Salvation : and so who ever want ( yea , howbeit God here bear with the want of what we are obliged to give him , even the glory of his grace , by beleeving , yet ) a poor covenanted sinner wanteth not : but if guiltiness were removed , doubtings would find no friend , nor life ; and yet faith is to beleeve the removal of guiltiness , in Christ. A reason why ye get less now ( as ye think ) then before ( as I take it ) is , because at our first conversion , our Lord putteth the meat in young bairns mouthes , with his own hand , but when we grow to some further perfection , we must take heaven by violence , and take by violence from Christ , what we get ; and he can , and doeth hold , because he will have us to draw . Remenber now ye must , live upon violent plucking , laziness is a greater fault now , then long since ; we love alwayes to have the pape put in our mouth . No for my self ; alace , I am not the man I goe for in this nation men have not just weights to weigh me 〈◊〉 〈◊〉 , but I am a li●●y●●●less Body , and ove● 〈◊〉 〈◊〉 whom 〈◊〉 〈◊〉 〈◊〉 If Christ would refer the matter to 〈◊〉 ( in his presence I speak it ) I might think shame to vote my own salvation : I think Christ might say , think●● thou not shame to claim heaven , who does so 〈◊〉 for it I am very often so , that I know not whether 〈◊〉 ●●nk o● swine in the water ; I find my self a bag of light froth ; I would bear no weight , ( but vanities & nothing's weigh in Christs balance ) if my Lord cast not in borrowed weight & metall , even Christs righteousness , to weigh for me : the stock I have is not mine own , I am but the merchand that traffiques with other folks goods , if my creditor Christ would take from me what he hath lent , I would not long keep the causey ; but Christ hath made it m●●e & his : I think it manhood to play the coward , & jouke in the lee-side of Christ , and thus I am not onely saved from my enemies , but I obtain the victory . I am so empty that I think it were an almes-deed in Christ , if he would win a poor prisoners blessing for evermore , and fill me with his love . I complain when Christ cometh , he cometh alwayes to fetch fire , he is ever in haste , he may not tarry ; & poor 〈◊〉 [ a beggerly Dyvour , ] get but a standing visit , & a standing kiss , & but , how doest thou ? in the by-going . I dare not say , he is lordly because he is made a King now , at the right hand of God , or is grown miskenning & dry to his poor freinds , [ for he cannot make more of his kisses then they are worth : ] but I think it my happiness to love the love of Christ ; & when he goeth away , the memory of his sweet presence is like a feast in a dear summer . I have comfort in this , that my soul desireth that every hour of my imprisonment were a company of heavenly tongues , to praise him on my behalf ; howbeit my bonds were prolonged for many hundred yeers . O that I could be the man , who could procure my Lords glory to flow like a full sea , & blow like a mighty wind upon all the four Airths of Scotland , England & Ireland ! O if I could write a book of his praises ! O fairest among the sons of men , why stayest thou so long away ? O heavens , move fast ! O time , run , run , & hasten the marriage-day , for love is tormented with delayes ! O Angels , O Seraphims who stand before him , O blessed Spirits who now see his face , set him on high , for when ye have worn your harps in his praises , all is too little , & is nothing , to cast the smel of the praise of that fair flower , that fragrant rose of Sharon , through many worlds ! Sir , take my hearty commendations to him , & tell him that I am sick of love . Grace be with you . Aberd. June 16. 1637. Yours in his sweet L. Iesus , S. R. To his Honoured & Dear Brother , ALEXAND : GORDON of KNOCKGRAY . ( 28 ) Dearest & truly honoured Brother , GRace , mercy & peace be to you : I have seen no letter from you since I came to Aberdeen ; I will no tinterpret it to be forgetfulness . I am here in a fair prison , Christ is my sweet & honourable fellow-prisoner , & I his sad & joyful Lord-prisoner , [ if I may speak so . ] I think this cross becometh me well , & is suitable to me in respect of my duty to suffer for Christ ; howbeit not in regard of my deserving , to be thus honoured . However it be , I see Christ is strong , even lying in the dust , in prison , and in banishment . Losses & disgraces are the wheels of Christs triumphing chariot . In the sufferings of his own saints , as he intendeth their good , so he intendeth his own glory , & that is the butte his arrowes shoot at , & Christ shooteth not at the tovers , he hitteth what he purposeth to hit : Therefore he doeth make his own feckless & weak nothing's , & these who are the contempt of men , a new sharp threshing instrument having teeth , to thresh the mountains , & beat them small , & to make the hills as chaff , & to fan them . Isa. 51 : 15 , 16. What harder stuff , or harder grain for threshing out , then high and rockie mountains ? But the Saints are Gods threshing instruments to beat them all in chaff : are we not Gods leem vessels , & yet when they cast us over an house , we are not broken in sheards : we creep in under our Lords wings in the great shower , & the water cannot goe thorow these wings . It is folly then for men to say , this is not Christs plea , he will lose the wed-fee , men are like to beguile him : that were indeed a strange play . Nay I dare pledge my soul , & lay it in pawne on Christs side of it , & be half-tiner half-winner with my Master : Let fools laugh the foolslaughter , & scorn Christ , & bid the weeping captives in Babylon , sing us one of the songs of Zion , play a spring to chear up your sad-hearted God : We may sing upon lucks head before hand , even in our winter-storme , in the expectation of a summer-sun at the turn of the yeer : no created powers in hell or out of hell , can mar our L. Jesus his musick , nor spill our song of joy : let us then be glad & rejoyce in the salvation of our Lord ; for faith had never yet cause to have wet cheeks , & hingingdown browes , or to droup or die : what can aile faith , seeing Christ suffereth himself , ( with reverence to him be it spoken ) to be commanded by it ; & Christ commandeth all things : faith may dance , because Christ sings , & we may come in the Quite & lift our hoarse & rough voices , & chirp , & sing , & shout for joy with our Lord Jesus . We see oxen goe to the shambles leaping & startling ; We see Gods fed oxen prepared for the day of slaughter , goe dancing & singing down to the black chambers of hell ; & why should we goe to heaven weeping , as if we were like to fall down thorow the earth for sorrow . If God were dead ( if I may speak so , with reverence of him ho liveth for ever & ever ) & Christ buried , & rotten among the worms , we might have cause to look like dead folks ; but , the Lord liveth & blessed be the rock of our salvation , Psal. 18 : 46. None have right to joy but we , for joy is sown for us , & an ill summer or harvest will not spill the crop . The children of this world have much robbed joy that is not well come : It is no good sport they laugh at : They steall joy , as it were , from God ; for he commandeth them to mourn & howle : Then let us claim our ●eel-come & lawfully conquished joy . My dear Brother , I cannot but speak what I have felt , seeing my Lord Jesus hath broken a box of spikenard upon the head of his poor prisoner , & it is hard to hide a sweet smell ; it is pain to smother Christs love , it will be out ; whether we will or not . If we did but speak according to the matter ; a cross for Christ should have another name ; yea a cross , especially when he cometh with his arms full of joyes , is the happiest hard tree that ever was laid upon my weak shoulders . Christ & his cross together are sweet company & a blessed couple . My prison is my palace my sorrow is with childe of joy , my losses are rich losses , my pain easie pain , my heavie dayes are holy & happy dayes . I may tell a new tale of Christ to my friend . Oh if I could make a love-song of him , & could commend Christ & tune his praises aright ! O if I could set all tongues in great Britain & Ireland , to work , to help me to sing a new song of my welbeloved ! O if I could be a bridge over a water for my Lord Jesus to walk upon & keep his feet dry ! O if my poor bit heaven could goe betwixt my Lord & blasphemy & dishonour ! ( upon condition he loved me ] O that my heart could say this word & bide by it for ever . Is it not great art & incomparable wisdom in my Lord , who can bring forth such fair apples , out of this crabbed tree of the cross ! nay my fathers never enough admired providence , can make a fair feast out of a black Devil : nothing can come wrong to my Lord in his sweet working . I would even fall sound a sleep in Christs arms , & my sinful head on his holy breast , while he kisseth me ; were is not that often the wind turneth to the north , & whiles my sweet Lord Jesus , is , that he will neither give nor take , borrow nor lend with me : I complain he is not social , I half call him proud & lordly of his company , & nice of his lookes ; which yet is not true . It would content me to give , howbeit he should not take ; I should be content to want his kisses at such times , providing he would be content to come near hand & take my wersh , dry & feckless kisses : But at that time he will not be entreated , but lets a poor soul stand still & knock , & never let it on him that he heareth ; & then the old leavings & broken meat , & dry sighs , are greater chear then I can tell : all I have then , is , that howbeit the law & wrath have gotten a decret against me , I yet lippen that meekle good in Christ as to get a suspension , & to bring my cause in reasoning again before my welbeloved : I desire but to be heard . And at last he is content to come , & agree the matter with a fool , & forgive freely , because he is God. Oh if men would glorify him & taste of Christs sweetness . Brother , ye have need to be busie with Christ , for this whorish-Kirk : I fear Christ cast water upon Scotlands coal ; nay I know Christ & his wife will be heard , he will plead for the broken covenant . Arme you against that time . Grace be with you . Aberd. June . 16 , 1637. Yours in his sweet Lord Iesus . S. R. To the Lady Kilconqhuair . ( 29. ) MISTRESS . GRace , mercy & peace be to you : I am glad to hear that you have your face home-ward towards your fathers house , now when so many are for a home nearer hand : but your Lord calleth you to another life & glory , then is to be found here-away : & therefore I would counsel you to make sure the charters , & rights , which ye have to Salvation . You came to this life about a necessary & weighty business , to tryst with Christ anent your precious soul , & the eternal salvation of it : this is the most necessary business ye have in this life , & your other adoés beside this , are but toyes & feathers , & dreams , & fancies : this is the greatest haste & should be done first . Means are used in the Gospel to draw on a meeting betwixt Christ & you : if ye neglect your part of it , it is , as if you would tear the contract before Christ's eyes , & give up the match , that there shall be no more communing of that business . I know other lovers beside Christ are in suit of you , & your soul wanteth not many wooers , but I pray you make a chaste virgin of your soul , & let it love but one : most worthy is Christ alone of all your souls love , howbeit your love were higher then the heaven & deeper then the lowest of this earth , & broader then this world : many , alas too many , make a common strumpet of their soul , for every lover that cometh to the house . Marriage with Christ would put your love , & your heart by the gate , out of the way , & out of the eyes of all other unlawfull suiters ; & then you had a ready answer for all others , I am already promised away to Christ , the match is concluded , my soul hath a husband already , & it cannot have two husbands . Oh if the world did but know what a smel the ointments of Christ cast , and how ravishing his beauty , even the beauty of the fairest of the sons of men is , & how sweet & powerful his voice is , the voice of that one welbeloved ! Certainly where Christ cometh , he runneth away with the souls love , so that they cannot command it . I would far rather look but thorow the hole of Christs door , to see but the one half of his fairest , & most comely face [ for he looketh like heaven ] suppose I should never win in to see his excellency & glory to the full ; then to enjoy the flower , the bloome , & chiefest excellency of the glory , & riches , of ten worlds . Lord send me for my part but the meanest share of Christ , that can be given to any of the indwellers of the new Jerusalem ; But I know my Lord is no niggard : He can , & it becometh him well to give more , then my narrow soul can receive . If there were ten thousand , thousand millions of worlds , & as many heavens full of men & Angels , Christ would not be pinched to supply all our wants , and to fill us all . Christ is a well of life , but who knoweth how deep it is to the bottom ? This soul of ours hath love , and cannot but love some fair one : And O what a fair one , what an onely one , what an excellent lovely ravishing one is Jesus ! Put the beauty of ten thousand thousand worlds of Paradises like the garden of Eden in one , put all trees , all flowers , all smels , all colours , all tastes , all joyes , all sweetness , all lovelyness is one , O what a fair and excellent thing would that be ! & yet it should be less , to that fair & dearest welbeloved Christ then one drop of rain to the whole seas , rivers , lakes , & fourtains of ten thousand earths . O but Christ is heavens wonder & earths wonder ! what marvel that his bride saith , Cant 5 : v. 16. He is altogether lovely . Oh that black souls will not come , & fetch all then love to this fair one ! O if I could invite & perswade thousands , & ten thousand times ten thousand of Adam's sons ; to flock about my Lord Jesus , & to come & take their fill of love ! Oh pity , for evermore , that there should be such an one as Christ Jesus , so boundless , so bottomless , & so incomparable in infinite excellency , & sweetness , and so few to take him . Oh , oh , ye poor , dry & dead souls , why will ye not come hither with your toom vessels , & your empty souls , to this huge , & fair , & deep , & sweet well of life , & fill all your toom vessels ! Oh that Christ should be so large in sweetness , & worth , & we so narrow , so pinched so ebbe , & so void of all happiness , and yet men will not take him ! They lose their love miserably who will not bestow it upon this lovely one . Alas , these five thousand yeers , Adam's fools , his waster-heirs , have been wasting & lavishing out their love , and their affections upon black lovers , and black harlots : upon bits of dead creatures , and broken idols , upon this , & that feckless creature , & have not brought their love , and their heart to Jesus . O pity , that fairness hath so few lovers ! O woe , woe to the fools of this world ; who run by Christ to other lovers ! Oh misery , misery , misery , that comeliness can scarce get three , or four hearts in a town , or a countrey ! Oh that there is so much spoken & so much written and so much thought of creature-vanity , and so little spoken , so little written , so little thought of my great , and incomprehensible , and never-enough-wondered-at Lord Jesus . Why should I not curse this forlorn , and wretched world , that suffereth my Lord Jesus to lie his alone ? O damned souls , O miskenning world , O blind , O beggerly , and poor souls , O bewitched fools , what aileth you at Christ , that you run so from him ? I dare not challenge providence , that there are so few buyers , and so little sale for such an excellent one as Christ. O the depth , and O the hight of my Lords wayes , that passe finding out . But oh if men would once be wise , and not fall so in love with their own hell , as to pass by Christ , and misken him ! But let us come near , and fill our selves with Christ , and let his friends drink , and be drunken , and satisfie our hollow and deep desires , with Jesus . Oh come all and drink at this living well ; come drink & live for ever more , come drink & welcome : welcome , saith our fairest Bridegroom , no man getteth Christ with ill will , no man cometh & is not welcome , no man cometh and rueth his voyage : all men speak well of Christ who have been at him ; men and Angels who know him , will say more then I dow doe , & think more of him then they can say . O if I were misted and bewildered in my Lords love ! Oh if I were fettered & chained to it ! O sweet pain to be pained for a sight of him ! O living death , O good death ! O lovely death to die for love of Jesus ! Oh that I should have a sore heart & a pained soul for the wanting of the love of this , & that idol ! woe , woe to the mistakings of my miscarrying heart , that gapeth & cryeth for creatures , & is not pained , & cutted , & tortured , & in sorrow for the want of a souls-fill of Christ. Oh that thou would'st come near , my Beloved : O my fairest one , why standest thou a far ? come hither that I may be satiat with thy excellent love : O for an union , O for a fellowship with Jesus ! O that I could buy with a price that lovely one , suppose hells torments for a while were the price ! I cannot beleeve but Christ will ru● upon his pained lovers , & come & ease sick hearts , who sigh and swoond for the want of Christ : who dow bide Christs love to be nice ? What heaven can there be liker to hell , then to lust , and grein , and dwine , and fall a swoon for Christs love , and to want it ? is not this hell & heaven woven thorow other ? Is not this pain and joy , sweetness and sadness to be in one web , the one the woft , the other the warp . Therefore I would Christ would let us meet ; and joyn together , the soul & Christ in others arms . O what meeting is like this , to see blackness and beauty , contemptibleness and glory , highness and baseness , even a soul and Christ kiss one another ! Nay but when all is done I may be wearied in speaking and writing , but O how far am I from the right expression of Christ o● his love . I can neither speak , nor write feeling , nor ●alling , nor smeling● come feel , & smel , & taste Christ , & his love 〈…〉 d & ye shall call it more then can be spoken : to write how sweet the honey-comb it is not so lovely as to eat & suck the honey comb : ●nd nights rest in a bed of love with Christ , will say more then he 〈…〉 can think , or tongue can utter . Neither need we fear crosses , or sigh , or be sad for any thing that is on this side of heaven , if we have Christ : our crosses will never draw blood of the joy of the holy Ghost , & peace of conscience ; ou● joy i● laid up in such a high place as temptations cannot climb up to take it down : this world may boast Christ ; but they dare not strike , or if they strike , they break their arm in fetching a stroke upon a rock . O that we could put our treasure in Christ's hand , & give him our gold to keep , & our crown . St●iv● , Mistress , to throng thorow the thorns of this life to be at Christ : ●in● not sight of him in this cloudy , & dark day : Sleep with him in your heart in the night : Learn not at the world to serve Christ , but speir at himself the way , the world is a false copy & a lying guide to follow . Remember my love to your husband , I wish all to him I have written here . The sweet presence , the long lasting goodwill of our God , the warmely & lovely comforts of our Lord Jesus be with you . Help me his prisoner in your prayers : For I remember you . Aberd. Agust . 8. 1637. Yours i● his sweet Lord Iesus , S. R. To the Lady Forre● ( 30 ) Worthy Mistress . GRace , mercy & peace be to you : I long to hear from you : I hear Christ hath been that Kind as to visit you with sickness , & to bring you to the door of the grave , but ye found the door shut ( blessed be his glorious name ) while ye be riper for eternity : He will have more service of you , & therefore he seeketh of you , that hence forth ye be honest to your new husband , the Son of God. We have all Idol-love , & are wh 〈…〉 y inclined to love other things beside our Lord ; and therefore our Lord hunteth for our love , moe wayes then one or two . Oh that Christ had his own of us : I know he will not want you , & that is a sweet wilfulness in his Love ; & ye have as good cause o● the other part to be head strong & peremptory in your love to Christ , & not to part or divide your love betwixt Him & the world ; if it were more it is little enough , yea too little for Christ. I am now every way in good terms with Christ , he hath set a banished prisoner as a seal on his heart , and as a bracelet on his arme : that crabbed and black tree of the cross , laugheth upon me now : the alarming noise of the cross is worse then it self . I love Christs glooms , better , then the world 's worm-eaten joyes . Oh if all the Kingdom were as I am , except these bonds : my losse is gain : my sadness , joyfull : my bonds , liberty : my tears comfortable . This world is not worth a drink of cold water . O but Christ's love casteth a great heat , 〈◊〉 hell & all the salt sea and the rivers of the earth cannot quench it : I remember you to God , ye have the prayers of a prisoner of Christ : Grace , grace be with you . Aberd. March. 9. 1637. Yours ●n his sweet Lord Iesus , S. R. To the Lady Caskiberry . ( 31 ) MADAM . GRace , mercy & peace be to you : I long to hear how your La : is : I know not how to requite your La : kindness , but your love to the Saints Madam , is Laid up in heaven , I know it is for your welbeloved Christs sake , that ye make his friends so dear to you , & concerne your self somuch in them . I am in this house of my pilgrimage every way in good case , Christ is most kind and loving to my soul , it pleaseth him to feast with his unseen consolations a stranger , and an exiled prisoner , and I would not exchange my Lord Jesus , with all the comfort out of heaven : his yoke is easie and his burden light . This is his truth I now suffer for , for he hath sealed it ●ith his blessed presence , I know Christ shall yet win the day , and gaine the battell in Scotland . Grace be with you . Aberd. March. 7. 1637. Yours in his sweet Lord Iesus . S. R. To Mr. JAMES BRUCE . Minister of the Gospel . ( 32 ) Reverend & welbeloved Brother . GRace , mercy and peace be to you : Upon the nearest acquaintance , that we are fathers children , I thought good to write to you . My case in my bonds for the honour of my royall Prince , and King Jesus , i● as good as becometh the witness of such a Soveraign King. At my first coming hither , I was in great heaviness , wrestling vvith challenges , being burdened in heart , ( as I am yet ) for my silent Sabbaths , and for a bereft people ; young ones new-borne plucked from the breasts , & the Childrens table drawn . I thought I was a drie tree cast over the dike of the vine-yard ; but my secret conceptions of Christs love , at his sweet & long-desired return to my soul , were found to be a lye of Christs love forged by the tempter , and my own heart , and I am perswaded that it was so : Now there is greater peace and security within then before : the court is raised and dismissed for it was not fenced in God's name : I was far mistaken , who should have summoned Christ for unkindness : misted faith , & my sever conceived amiss of him : novv , novv , he is pleased to feast a poor prisoner , and to refresh me vvith joy unspeakable and glorious ; so , as the holy Spirit is witness , that my sufferings are for Christs truth , and God forbid I should deny the testimony of the holy Spirit , and make him a false witness . Now I testify under my hand , out of some small experience , that Ch●ists cause [ even with the cross , ] is better then the Kings crown , & that his reproaches are sweet , his cross perfumed , the walls of my prison fair & large , my losses gain . I desire you , my dear Brother , help me to praise , and remember me in your prayers to God. Grace , grace be with you . Aberd. March. 14. 1637. Yours in our Lord Iesus , S. R. To the Lady Earlstoun . ( 33 ) MISTRESS . GRace , mercy & peace be to you : I long to hear how your soul prospereth . I exhort you to go on in your journey : your day is short , & your afternoon-sun will soon goe down : make an end of your accounts with your Lord : for Death and Judgement are tides , that bide no man : salvation is supposed to be at the door , and Christianity is thought an easie task ; but I finde it hard , and the way strait and narrow , were it not but my guide is content to wait on me , and to care for a tired traveller . Hurt not your conscience with any known sin : let your children be as so many flowers , borrowed from God ; if the flowers die or wither , thank God for a summers-loan of them , & keep good neighbourhood , to borrow & lend with him . Set your heart upon heaven , and trouble not your spirit with this clay-Idol of the world , which is but vanity , and hath but the lustre of the Rain-bow in the air , which cometh and goeth with a flying March-shower : Clay is the Idol of bastards , not the inheritance of the children . My Lord hath been pleased to make many unknown faces laugh upon me , and hath made me well content of a borrowed fire-side , and a borrowed bed : I am feasted with the joyes of the holy Ghost , & my royal King beareth my charges honourably . I love the smell of Christ's sweet breath , better then the worlds gold . I would I had help to praise him . The great Messenger of the Covenant , the Son of God establish you on your rock , & keep you to the day of his coming . Aberd. March. 7. 1637. Yours in his sweet Lord Iesus , S. R. To CARLETOUN . ( 34 ) Worthy & much honoured . GRace , mercy & peace be to you : I received your letter from my Brother , to the which I now answer particularly . I confess two things of my self . 1. Woe , woe is me , that men should think there is any thing in me : He is my witness before whom I am as crystall , that the secret hous●-devils that bear me too oft company , & that this sink of corruption which I finde within , maketh me goe with low sailes : & if other● saw what I see , they would look by me , but not to me . 2. I know this shower of his free grace behooved to be on me , otherwayes I would have withered . I know also , I have need of a buffeting tempter that grace may be put to exercise & I kept low . Worthy & dear Brother in our Lord Jesus , I write that from my heart which ye now read . 1. I avouch that Christ , & sweating , & sighing under his cross , is sweeter to me by far , then all the Kingdoms in the world could possibly be . 2. If you & my dearest acquaintance in Christ , reap any fruit by my sufferring ; let me be weighed in God's even ballance , if my joy be not fulfilled : What am I to carry the marks of such a great King ? But howbeit I am a sink & sinfull mass , a wretched captive of sin , my Lord Jesus can hew heaven out of worse timber then I am ( if worse can be . ) 3. I now rejoyce with joy unspeakable & glorious , that I never purposed posed to bring Christ no● the least hoof or hair-breadth of truth under 〈◊〉 : I desired to have & keep Christ all alone , & that he should never rub clothes with that black-skin'd harlot of Rome . I am now fully payed home , so that nothing aileth me for the present , but love-sickness for a ●●all possession of my faire ●t welbeloved . I would give him my bond under my faith & hand , to frist heaven an hundred yeers longer , so being he would lay his holy face to my sometimes wet cheeks . Oh , who would not pity me , to know how fain I would have the King shaking the tree of life upon me , or letting me in to the well of life with my old dish , that I might be drunken with the fountain , here , in the house of my pilgrimage ! I cannot , nay I would not , be quite of Christs love : H● hath left the marke behinde him where he gripped : He goeth away & leaveth me & his burning love to wrestle together , & I can scarce win my meat of his love because of absence : My Lord giveth me but hungry half-kisses , which serve to feed pain & increase hunger , but doe not satisfie my desires : His dieting of my soul for this race maketh me lean . I have gotten the waile & choice of Christ's crosses , even the ●ithe & the flower of the gold of all crosses , to bear witness to the truth , & herein finde I liberty , joy , access , life , comfort , love , ●aith , submission , patience , & resolution to take delight in on-waiting : & with all in my race he hath come near me & let me see the gold & crown : What then want I but fruition & reall enjoyment , which is reserved to my countrey ? Let no man think he shall lose at Christs hands in suffering for him . 4. For these present trials they are most dangerous : for people shall be stolen off their feet with well washen , & white-skin'd pretences of indifferency ; but it is the power of the great Antichrist working in this land . Woe , woe , woe be to Apostat Scotland : there is wrath , & a cup of the red wine of the wrath of God Almighty in the Lords hand , that they ●hall drink and spue and fall and not rise again . The star called Wormwood & Gall is fallen in the fountaines , and rivers , & hath made them bitter : the sword of the Lord is ●ourbished against the Idol-shepherds of the l●nd ; women shall bless the barren womb & miscarrying breasts ; all hearts shall be faint , and all knees shall tremble , an end is coming , the leopard and the lion shall watch over our cities , houses great & fair shall be desolate without an inhabitant : the Lord hath said , Pray not for this people , for I have taken my p●ace from them ; yet the Lord's third part shall come through the fire , as refined gold for the treasure of the Lord , & the out-casts of Scotland shall be gathered together again , & the wilderness shall blossome as the flower , & bud , & grow as the rose o● Sharon , & great shall be the glory of the Lord upon Scotland . 5. 〈◊〉 am here as●aulted with the learned & pregnant wits of this Kingdom ; but all honour be to my Lord , truth but laugheth at be●isted & blinded Scribes , & disputers of this world , & Gods wisdom confoundeth them , & Christ triumpheth in his own strong truth , that speaketh for it self . 6. I doubt not but my Lord is preparing me for heavier trial● : I am most ready at the good pleasure of my Lord , in the strength of his grace , for any thing he shall be pleased to call me to : neither shall the last black-faced messenger , Death , be holden at the door , when it shall knock . If my Lord will take honour of the like of me , how glad & joy●ull shall my soul be : Let Christ come out with me to an hotter battell then this , & I shall fear no flesh : I know that my master will win the day , & that he hath taken the ordering of my sufferings in his own hand . 7. As for my deliverance , that miscarrieth : I am here , by my Lords grace , to lay my hand on my mouth , to be silent & wait on : my Lord Jesus is on his Journey for my deliverance ; I will not grudge that he runneth not so fast as I would have him : On-waiting till the swelling rivers fall , & till my Lord arise as a mighty man after strong wine , shall be my best : I have not yet resisted to blood . 8. O how often am I laid in the dust , and urged by the tempter ( who can ride his own errands upon our lying apprehensions , ) to sin against the unchangeable love of my Lord. When I think upon the sparrowes , & swallowes that build their nests in the Kirk of Anwoth , and of my dumb sabbaths , my sorrowfull bl●ired eyes , look asquint upon Christ , and present him as angry . But in this triall , all honour to our princely and ●oyall ●ing , faith ●aileth ●●ir before the wi●d , with top ●aile up , and carrieth the poor pass●nger through . I ●ay inhibitions upon my thoughts , that they receive no slanders of my onely , onely Beloved : let him even ●ay out of his own mouth . There is no hope , yet I will die in that sweet beguile , 〈◊〉 is not so : I● all see the Salvation of God. Let me be deceived really , and never win to dry land , it is my joy to beleeve under the water , & to die with faith in my hand gripping Christ : let my conceptions of Christs love , goe to the grave with me & to hell with me , I may not , I dare not quite them . I hope to keep Christs pawne : if he never come to loose it , let him see to his own promise . I know , Presumption , howbeit it be made of stoutness , will not thus be wilfull in heavie trials . Now , my dearest in Christ , the great messenger of the Covenant , the onely wise & alsufficient Iehovah establish you to the end . I hear the Lord hath been at your house & hath called home your 〈◊〉 to her rest . I know , Sir , ye see the Lord loosing the p●●s of your tabernacle , & wooing your love from this plaistered & over-guilded world ; & calling upon you , to be making your self ready to goe to your fathers countrey , which shall be a sweet fruit of that visitation . Ye know , to send the Comforter was a King , word when he ascended on high : ye have claim to , & interest in that promise . Remember my love in Christ to your father : shew him , it is late & black might with him ; his long lying at the water-side , is , that he may look his papers e●● he take shipping , & be at a point for his last answer before his judge & Lord. All love , all mercy , all grace , & peace , all multiplied saving consolations , all joy & faith in Christ , all stability & confirming strength of grace , & the good-will of him that dwelt in the bush be with you . Aberd. 15. June . 1637. Your unworthy brother is his sweet Lord Iesus , S. R. To MARION M C KNAUGHT . ( 35 ) Worthy & dearest in the Lord. I Ever loved , ( since I knew you , ) that little vineyard of the Lord 's planting in Galloway ; But now much more since I have heard that he who hath his fire in Zion & his furnace in Ierusalem , hath been pleased to set up a furnace amongst you , with the first in this Kingdom : He who maketh old things new , seeing Scotland an old drossie & rusted Kirk , is beginning to make a new clean bride of her & to bring a young chast wife to him self out of the fire . This fire shall be quenched , so soon as Christ hath brought a clean spouse thorow the fire : Therefore , my dearly beloved in the Lord , fear not a worm : fear no● worm Iacob , Christ i● i● that plea & shall win the plea : Charge an unbeleeving heart , under the pain of treason against our great & royall King Jesus , to dependence by faith , & quiet on-waiting on our Lord : Get you in to your chambers & shut the doors about you : In , in with speed to your strong hold ye prisoners of hope , ye doves flee in to Christ's windowes , till the indignation be over & the storme be past : Glorifie the Lord in your sufferings , & take his banner of love & spread over you ; others will follow you if they see you strong in the Lord , their courage shall take life from your Christian carriage : look up & see who is coming , lift up your head , he is coming to save , in garments died in blood , & travelling in the greatness of his strength . I laugh , I smile , I leap for joy , to see Christ coming to save you so quickly : O such wide steps as Christ taketh ! Three or four hills are but a step to him ; he skippeth over the mountains : Christ hath set a battell betwixt his poor weak saints & his enemies ; he waileth the weapons for both parties , & saith to the enemies , Take you a sword of steel , Law , Authority , Parliaments , & Kings upon your side , that is your armour : & he saith to his saints , I give you a feckless tree-sword in your hand , & that is suffering , receiving of strokes , spoiling of your goods , & with your tree-sword ye shall get & gain the Victory . Was not Christ dragged through the ditches of deep dist●esses , & great straits ? & yet Christ who is your head hath win through with his life , howbeit not with a whole skin . Ye are Christs members , 〈◊〉 is drawing his members thorow the thorny hedge up to heaven after him ; Chris● one day will not have so much as a pained toe ; but there are great 〈◊〉 & portions of Christ's mystical body , not yet within the gates of the great high city , the new Jerusalem & the dragon will strike at Christ so long as there is one 〈◊〉 member of Christ's body out of heaven . I tell you , Christ 〈◊〉 make new work out of old fore-cast●n Scotland , & gather 〈◊〉 old broken boards of his tabernacle , & pin them , & nail them tog●ther : our bills , & supplications are up in heaven Christ 〈◊〉 ●offers full of them : there is mercy on the other 〈◊〉 of this hi●… , a good answer to all our bills is agreed 〈◊〉 : I must tell you what lovely Jesus , fair Jesus , King Jesus ●ath done to my soul , sometimes he sendeth me out a standing drink , & whispereth a word thorow the wall ; & I am well content of kindness●t the second hand , his bode is ever welcome to ●●e be what it will : but at other times he will be messenger himself , & I get the cup of salvation out of his own hand , ( 〈◊〉 to me ) & we cannot rest till we be in others armes : and O how swèet is a fresh kiss from his holy mouth , his ●…athing that goeth before a kiss upon my poor soul , is sweet , & 〈◊〉 fault● but that it is too short : I am careless , & stand not much on this ; howbeit ●oines , & back , & shoulders , & head ●ive in pieces in steping up to my fathers house . I know my Lord can make long , & broad , & high , & deep glory to his name , out of this bit feckless body ; for Christ looketh not what stuffe 〈◊〉 ●…eth glory ou● of . My dearly beloved ye have often fr●hed 〈◊〉 , but that is put up in my Master's accounts , ●e have him debter for me , but if , ye will doe any thing for me ( 〈◊〉 ●●ow ye will ) now in my extremity , tell all my dear friends , that a prisoner is fettered , & chained in Christ's love , Lord never lo●… the fetters ; & ye & they together take 〈◊〉 hartiest comm●…tions to my Lord Jesus , & thank him for a poor friend : I desire your husband to read this letter , I send him a prisoners blessing , I will be obliged to him if he will be willing to suffer for my dear Master , suffering is the professors golden garment , there shall be no losses on Christ's side of it . ye have been witnesses of much joy betwixt Christ & me at communion-feasts , the remembrance whereof [ howbeit I be feasted in secret ] holleth my heart , for I am put from the board-head & the kings first mess to his by-board , & his broken meat is sweet unto me : I thank my Lord for borrowed crumbs , no less then when I was feasted at the communion-table in Anwoth & Kirk●udbright : pray that I may get one day of Christ in publike , as I have had long since , before my eyes be closed . Oh that my Master would take up house again , & lend me the keys of his wine-cellar again , & God send me borrowed drink till then . Remember my love to Chist's kinsmen with you . I pray for Christ's father's blessing to them all : Grace be with you : a prisoners blessing be with you : I write it , and I bide by it , God shall be glorious in Marion M c Knaught when this stormy blast shall be over . O woman beloved of God , beleeve , rejoyce , be strong in the Lord , Grace is thy portion . Aberd. 15. June . 1637. Your brother in his sweet Lord Iesus , S. R. To JOHN GORDON At Risco in Galloway . ( 36 ) My worthy & dear Brother . MIspend not your short sand-glass which runneth very fast : seek your Lord in time : let me obtain of you a letter under your hand for a promise to God , by his grace to take a new course of walking with God : heaven is not at the next door : I finde it hard to be a Christian ; there is no little thrusting & thronging to thrust in at heavens gates , it is a castle taken by force , many shall strive to enter in & shall not be able . I beseech & obtest you in the Lord make conscience of rash & passionat oathes , of raging & sudden revenging anger , of night-drinking , of needless companionry , of Sabbath-breaking , of hurting any under you by word or deed , of hating your very enemies . Except ye receive the Kingdom of God as a little childe & be as meek & sober-minded as a babe , ye cannot enter into the Kingdom of God : That is a word which should touch you near , and make you stoop & cast your self down and make your great spirit fall . I know this will not be easily done , but I recommend it to you , as you tender your part of the Kingdom of heaven . Brother , I may from new experience speak of Christ to you : Oh if ye saw in him what I see : a river of God's unseen joyes hath flowed from bank to brae over my soul since I parted with you : I wish I wanted part , so being ye might have , that your soul might be sick of love for Christ , or rather satiat with him : this clay-idol the world , would seem to you then not worth a fig ; time will eat you out of possession of it , when the eye strings break & the breath groweth cold & the imprisoned soul looketh out at the windowes of the clay house , ready to leap out into eternity , what would ye then give for a lamp full of oyl ? Oh seek it now . I desire you , to correct & curb banning , swearing , lying , drinking , sabbath-breaking & idle spending of the Lords day , in absence from the Kirk , as far as your Authority reacheth in that Parish . I hear a man is to be thrust in to that place to the which I have God's right : I know ye should have a voice by God's word in that : Act. 1 , 15 , 16. to the end , and Act. 6 , 3 , 5. Ye would be loath that any Prelat should put you out of your possession earthly , & this is your right . What I write to you , I write to your wife . Grace be with you . Aberd. March. 14 , 1637. Your loving Pastor . S. R. To the Lady HALHILL . ( 37. ) DEar & Christian Lady , Grace , mercy & peace be to you : I longed much to write to your La : But now the Lord offering a fit occasion , I would not omit to doe it : I cannot but acquaint your Lae : with the Kind dealing of Christ to my soul in this house of my pilgrimage , that your La : May know Christ is as good as he is called : For at my first entry into this triall ( being easten down & troubled with challenges & jealousies of his love whose name & testimony I now bear in my bonds , ) I feared nothing more , then that I was casten over the dike of the vineyard as a dry tree , but blessed be his great name , the dry tree was in the fire & was not burnt , his dew came down & quickned the root of a withered plant , & now he is come again with joy , & hath been pleased to feast his exiled & afflicted prisoner with the joy of his consolations : now I weep , but am not sad ; I am chastned , but I die not ; I have losse , but I want nothing : this water cannot drown me , this fire cannot burn me , because of the goodwill of him that dwelt in the bush . The worst things of Christ , his reproaches , his crosse , is better then Egypt's treasures . He hath opened his door & taken into his house of wine , a poor sinner , & hath le●t me so sick of love for my Lord Jesus , that if heaven were at my disposing , I would give it for Christ , & would not be content to goe to heaven except I were perswaded Christ were there : I would not give nor exchange my bonds for the I'relats velvets , nor my prison for their coaches , nor my sighs for all the world's laughter : this clay idol , the world , hath no great court in my soul , Christ hath come & run away to heaven with my heart & my love , so that neither heart nor love is mine : I pray God , Christ may keep both without reversion . In my estimation , as I am now disposed , if my part of this world's clay were rooped & sold , I would think it dear of a drink of water . I see Christ's love is so Kingly , that it will not abide a marrow , it must have a throne , all alone in the soul , & I see apples beguile bairns howbeit they be worm-eaten : the moth-eaten pleasures of this present world make bairns beleeve ten is a hundred & yet all that are here are but shaddowes ; if they would draw by the curtain that is hanged betwixt them & Christ , they should think themselves fools who have so long miskenned the Son of God. I seek no more next to heaven , but that he may be glorified in a prisoner of Christ , & that in my behalf many would praise his high & glorious name , who heareth the sighing of the prisoner . Remember my service to the Laird your husband & to your son my aquaintance : I wish Christ had his young love , & that in the morning he would start to the gate to seek that which this world knoweth not & therefore doeth not seek it : The grace of our Lord Jesus Christ be with you . Aberd. March. 14. 1637. Yours in his sweet Lord Iesus . S. R. To the right honourable my Lord LINDSAY . ( 38 ) Right honourable & my very good Lord. GRace , mercy & peace be to your Lo : Pardon my boldness to express my self to your Lo : At this so needful a time , when your wearied & friendless mother-kirk is looking round about her , to see if any of her sons doeth really bemoan her desolation : Therefore , my dear & worthy Lord , I beseech you in the bowels of Christ , pity that widow-like sister & spouse of Christ. I know , her husband i● not dead , but he seemeth to be in another countrey , & seeth well & beholdeth who are his true & tender hearted friends , who dare venture under the water to bring out to dry land sinking truth , & who of the Nobles will cast up their arm to warde a blow off the crowned head of our Royal law-giver who reigneth in Zion , who will plead & contend for ●acob in the day of his controversie . It i● now time , my worthy & noble Lord , for you who are the little nurse-fathers ( under our Soveraign Prince ] to put on courage for the Lord Jesus , & to take up a fallen orphan speaking out of the dust , & to embrace in your arms Christ's Bride : he hath no more in Scotland that is the delight of his eyes , but that one little sister , whose breasts were once well fashioned ; She once ravished her welbeloved with her eyes , and overcame him with her beauty ; She looked forth as the morning , fair as the moon , clear as the sun , terrible as an army with banners ; Her stature was like the palm-tree , and her breasts like clusters of grapes , & she held the King in his galleries , Cant. 4 : 9. & 6 : 10. & 7 : 5 , 7. But now the crown is fallen from her head , and her gold waxed dim , & our white Nazarites are become black as the coal . Blessed are they who will come out and help Christ against the mighty : The shields of the earth & the Nobles are debters to Christ for their honour , & should bring their glory and honour to the new Ierusalem , Rev. 21 : 24. Alas that great men should be so far from subjecting themselves to the sweet yoke of Christ , that they burst his bonds asunder , and think , they dow not goe on foot when Christ is on horseback , and that every nod of Christ commanding as a King , is a load like a mountain of iron , and therefore they say , This man shall not reign over us , we must have another King then Christ in his own house . Therefore kneel to Christ and kiss the Son , and let him have your Lo : vote as your alone Law-giver . I am sure when you leave this old waste J●nes , of this perishing life , and shall reckon with your hoste , & depart hence and take shipping , & make over for eternity , which is the yonder side o● time , & a sand-glass of threescore short yeers is running out ; To look over your shoulder then , to that which ye have done , spoken , & suffered for Christ , his dear bride ( that he ransomed with that blood , which is more precious then gold , ] & for truth & the freedom of Christ's Kingdom ; your accounts shall more sweetly smile & laugh upon you , then if you had two world's of gold to leave to your posterity . O my dear Lord , consider that our Master , eternity , judgement , & the last reckoning will be upon us in the twinckling of an eye : The blast of the last trumpet ; now hard at hand , will cry down all Acts of Parliaments , all the determinations of pretended Assemblies against Christ our Law-giver : There will be shortly a proclamation by one standing in the clouds , that time shall be no more , and that court with Kings of clay shall be no more , & prisons , confinements , forfeiturs of Nobles , wrath of Kings , hazard of lands , houses , & name for Christ , shall be no more . This world's span-length of time is drawn now to less then half an inch , and to the point of the evening of the day , of this old and gray-haired world : And therefore be fixed & fast for Christ & his truth for a time , & fear not him whose life goeth out at his nostrils , who shall die as a man. I am perswaded Christ is responsall , and law-biding , to make recompence for any thing that is hazarde● , or given out for him : losses for Christ are but our goods given out in bank in Christs hand . Kings earthly are well-favoured little clay gods and tim's-idol , but a sight of our invisible King shall decry and darken all the glory of this world . At the day of Christ , truth shall be truth , and not treason . Alas it is pitiful , that silence , when the thatch of our Lord's house hath taken fire , is now the flower and the bloom of court and state-wisdom ; And to cast a covering over a good profession , ( as if it blushed at light , ) is thought a canny and sure way through this life : But the safest way I am perswaded , is , to tine & win with Christ , & to hazard fairly for him ; for heaven is but a company of Noble venturers for Christ. I dare hazard my soul , Christ shall grow green and blossom as the rose of Sharon yet in Scotland ; howbeit now his leaf seemeth to wither and his root to dry up . Your noble Ancestors have been inrolled amongst the worthies of this nation , as the sure friends of the bridegroom and valiant for Christ : I hope , ye will follow on , to come to the streets for the same Lord ; the world is still at yea & nay with Christ : it shall be your glory & the sure foundation of your house ( now when houses are tumbling down , & birds building their nests , & thorns & briers are growing up where Nobles did spread a table ) if you engage your estate & nobility for this noble King Jesus , with whom the created Powers of the world are still in tops : all the world shall fall before him , & ( as God liveth ) every arm lifted up to take the crown off his royal head , or that refuseth to hold it upon his head , shall be broken from the shoulder-blad : the eyes that behold Christ weep in sackcloth , & wallow in his blood , & will not help , even these eyes shall rot away in their eye-holes , O if ye & the Nobles of this land , saw the beauty of that worlds wonder , Jesus our King , & the glory of him who is Angels wonder & heavens wonder for excellency ! Oh what would men count of clay-estates , of time-eaten life , of worm-eaten & moth-eaten worldly glory , in comparison of that fairest , fairest of Gods creation , the son of the father's delights . I have but small experience of suffering for him , but let my Judge & witness in heaven , lay my soul in the ballance of justice , if I finde not a young heaven , & a little Paradise of glorious comforts , & soul-delighting love-kisses of Christ , here beneath the moon in suffering for him & his truth : & that glory , joy , & peace , & fire of love , I thought had been kept while supper time , when we shall get leisure to feast our fill upon Christ ; I have felt it in glorious beginnings , in my bonds , for this princely Lord Jesus . Oh it is my sorrow , my daily pain , that men will not come & see : I would now be ashamed to beleeve that it should be possible for any soul to think that he could be a loser for Christ , suppose he should lend Christ the Lordship of Lindsay , or some such great worldly estate . Therefore my worthy & Dear Lord set your face against the opposits of Jesus , & let your soul take courage to come under his banner , to appeare as his souldier for him , & the blessings of a falling Kirk , the prayers of the prisoners of hope who wait for Sions joy , & the good will of him that dwelt in the bush & it burned not , shall be with you . To his saving Grace I recommend your Lo : & your House & am still Christs prisoner & . Aberd. Sept. 7. 1637. Your Lo : obliged servant in his sweet Lord Iesus S. R. To my Lord Boyd . ( 39 ) My very honourable & good Lord. GRace , mercy & peace be to you : I am glad to hear that ye in the morning of your short day minde Christ , & that ye love the honour of his crown & Kingdom . I beseech your Lo : begin now to frame your love , & to cast it in no mould but one , that it may be for Christ onely ; For when your love is now in the framing , & making , it will take best with Christ : if any other then Jesus get a grip of it , when it is green & young , Christ will be an uncouth & strange world to you . Promise the lodging of your soul first away to Christ , & stand by your first covenant , & keep to Jesus , that he may finde you honest . It is easie to master an arrow , & to set it right ere the string be drawn , but when once it is shot & in the air , & the flight begun , then ye have no power at all to command it : It were a blessed thing , if your love could now levell onely at Christ , that his fair face were the black of the marke ye shot at ; For when your love is loosed , and out of your grips , & in its motion to fetch home an● Idol , & hath taken a whorish gading-journey to seek an unknown & strange lover , ye shall not then have power to call home the arrow , or to be master of your love , & ye shall hardly give Christ , what ye scarcely have your self . I speak not this , as if youth it self could fetch heaven & Christ. Beleeve it my Lo : It is hardly credible what a nest of dangerous tentations youth i● , how inconsiderat , foolish , proud , vain , heady , rash , profane , & careless of God , this piece of your life is , so that the devil findeth in that age a garnished & swept house for himself , & seven devils worse then himself ; for then affections are on horse-back , lofty & stirring , then the old man hath blood , lust , much will ; & little wit , and hands , feet , wanton eyes , profane ears as his servants , & as a Kings officers at command , to come & goe at his will : Then a green conscience is as souple as the twig of a young tree , it is for every way , every religion , every lewd course prevaileth with it ; And therefore O what a sweet couple , what a glorious yoke are youth and Grace , Christ & a young-man ! This is a meeting not to be found in every town . None who have been at Christ can bring back to your Lo a report answerable to his worth ; for Christ cannot be spoken of , or commended according to his worth ; Come & see is the most faithfull messenger to speak of him , little perswasion would prevail where this were : It is impossible in the setting out of Christ's love , to lye , and passe over truth's line : The discourses of Angels , or Love-books written by the congregation of Seraphims [ all their wits being conjoyned and melted in one ] would for ever be in the nether side of tru● and plentifully declaring the thing as it is . The infinitness , the boundlesness of that incomparable excellency that is in Jesus , is a great word . God send me , if it were but the relicts and leavings , or an ounce weight or two , of his matchless love , and suppose I never got another heaven [ providing this blessed fire were evermore burning ] I could not but be happy forever . Come hither then and give out your money wisely for bread : Come here and bestow your love . I have cause to speak this , because except ye enjoy and possess Christ , ye will be a cold friend to his spouse ; For it is love to the husband that causeth kindness to the wife . I dare swear , it were a blessing to your House , the honour of your Honour , the flower of your credit , now in your place , and as far as ye are able , to lend your hand , to your weeping Mother , even your oppressed and spoiled Mother-kirk . If ye love her and bestir your self for her , & hazard the Lordship of Boyd for the recovery of her vail [ which the smiting-watchmen have taken from her ] then surely her husband will scorn to sleep in your common or reverence : Bits of Lordships are little to him who hath many crownes on his head & the Kingdoms of the world in the hollow of his hand . Court , Honour , Glory , riches , Stability of houses , Favour of Princes are all on his finger ends . O what glory were it to lend your honour to Christ , and to his Jerusalem . Ye are one of Zions born sons , your Honourable and Christian Parents would venture you upon Christ's errands : Therefore I beseech you by the mercies of God , by the death and wounds of Jesus , by the hope of your glorious inheritance and by the comfort & hope of the joyfull presence ye would have at the water-side , when ye are putting your foot in the dark grave , take courage for Christ's truth , & the Honour of his free Kingdom ; for howbeit ye be a young flower and green before the sun , ye know not how soon death will cause you cast your bloom , and wither root and branch & leaves : And therefore write up what ye have to doe for Christ , and make a treasure of good works , and begin in time : by appearance ye have the advantage of the brae : see what ye can doe for Christ against these , who are waiting while Christ's Tabernacle fall , that they may run away with the boards thereof , and build their nests on Zion's ruines : They are blinde who see not lowns now pulling up the stakes and breaking the cords & renting the curtains of Christ's ( some times ) beautifull tent in this land . Antichrist is lifting that tent up upon his shoulders and going away with it , & when Christ & the Gospel are out of Scotland , dream not that your houses shall thrive , & that it shall goe well with the Nobles of the land ; As the Lord liveth the streams of your waters shall become pitch , and the dust of your land brimstone , and your land shall become burning pitch , and the Owl and the Raven shall dwell in your houses , and where your table stood there shall grow briers , & nettles : Isa. 34 : 9 , 11. The Lord gave Christ and his Gospel as a pawne to Scotland , the watchmen have fallen foul , & lost their part of the pawne ; & who seeth not that God hath dryed up their right eye , & their right arme , & hath broken the shepherds staves , & men are treading in their hearts upon such unsavoury salt , that is good for nothing else . If ye the Nobles put away the pawne also , & refuse to plead the controversie of Sion with the professed enemies of Jesus , ye have done with it . Oh where is the courage , & zeal now , of the ancient Nobles of this land , who with their swords & hazard of life , honour & houses brought Christ to our hands ? And now the Nobles cannot be but guilty of shouldering out Christ , & murthering of the souls of the posterity , if they shall hide themselves , & lurk in the lee-side of the hill , till the wind blow down the temple of God. It goeth now under the name of wisdom , for men to cast their cloak over Christ & their profession , as if Christ were stolen goods , & durst not be avouched , though this be reputed a pi●ce of policy ; yet God estemeeth such men to be but State-fool & Court-gooks , what ever they or other Heads of wit , like to them think of themselves , since their damnable silence , is the ruine of Christs Kingdom . Oh but it be true honour , & glory , to be the fast friends of the bridegroom , & to own Christ's bleeding head , & his forsaken cause , & to contend legally , & in the wisdom of God for our sweet Lord Jesus , & his Kingly crown . But I will beleeve your Lo : will take Christs honour to heart , & be a man in the streets ( as the prophet speaketh ) for the Lord & his truth To his rich grace & sweet presence , & the everlasting consolation of the promised comforter I recomend your Lo : & am . Aberd. Sept. 7. 1637. Your Lo : in his sweet Lord Iesus . S. R. To my Lady Boyd . ( 40. ) My Very Honourable & Christian Lady . GRace , mercy & peace be to you : I received your letter & am well pleased that your thoughts of Christ stay with you , & that your purpose still is , by all means to take the Kingdom of heaven by Violence , which is no small conquest , and it is a degree of watchfulness & thankfulness also , to observe sleepiness & unthankfulness : we have all good cause to complain of false light that playeth the thief , & stealeth away the lantern when it cometh to the practice of constant walking with God : our journey is ten times a day broken in ten pieces , Christ getteth but onely broken & halfed and tired work of us , & alas too often against the hair . I have been some what neerer the bridegroom , but when I draw nigh , & see my vileness , for shame I would be out of his presence again , but yet desire of his soul-refreshing love , puteth blushing-me under an arrest . O what am I , so loathsom a burden of sin , to stand beside such a beautifull & holy Lord , such an high & lofty one who inhabiteth eternity : but since it pleaseth Christ to condescend to such an one as me , let shamefa●●eness be laid aside , & lose it self in his condescending love . I would heartily be content to keep a corner of the Kings hall : Oh if I were at the yonder end of my weak desires , then should I be where Christ my Lord , & lover , lives & reigns , there I should be overlastingly solaced with the sight of his face , & satisfied with the surpassing sweetness of his matchless love : But truly now I stand in the nether side of my desires , & with a drowping head , & panting heart , I look up to fair Jesus standing a far off from us , while corruption & death shall scour & refine the body of clay , & rot out the bones of the old man of sin : In the mean time we are blessed in sending word to the beloved , that we love to love him , and till then there is joy in wooing , suiting , lying about his house , looking in at the windows & sending a poor souls groans & wishes thorow a hole of the door to Jesus , till God send a glad meeting : And blessed be God that after a low-ebbe , & so sad a word Lord Iesus it is long since I saw thee , That even then , our wings are growing & the absence of sweet Jesus breedeth a new fleece of desires & longings for him : I know no man hath a velvet cross , but the cross is made of that which God will have it . But verily howbeit it be no warrantable market , to buy a cross ; yet I dare not say , O that I had liberty to sell Christs cross , lest therewith also I should sell joy , comfort , sense of love , patience & the kind visits of a bridegroom : And therefore blessed be God , we get crosses unbought & good cheap . S●●● I am , it were better to buy crosses for Christ , then to sell them ; howbeit neither be allowed to us : And for Christ's joyfull coming , & going which your La : speaketh of , I bear with it , as love can permit : it should be enough to me , if I were wise , that Christ will have joy & sorrow halfers of the life of the saints , and that each of them should have a share of our dayes , as the night and the day are kindly partners and halfers of Time , and take it up betwixt them : But if sorrow be the greediest halfer of our dayes here , I know joy's day shall dawn , & doe more then recompense all our sad hours : Let my Lord Jesus ( since he will doe so ) weave my bit and span-length of time , with white & black , well and woe , with the bridgroom's coming and his sad departure , as warp & woof in one web , & let the rose be neighboured with the thorn , yet hope ( that maketh not ashamed ) hath written a letter and lines of hope to the mourners in Zion , that it shall not be long so : when we are over the water Christ shall cry down crosses and up heaven for evermore , & down hell & down death , & down sin , & down sorrow , & up glory , up life , up joy for evermore : In this hope I sleep quietly in Christ's bosome , while he come who is not slack ; & would sleep so , were it not , that the noise of the devil , & Sin 's feet , & the cryes of an unbeleeving heart awaken me ; but for the present I have nothing whereof I can accuse Christ's cross . Oh if I could please my self in Christ onely ! I hope Madam your Sons will improve their power for Jesus , for there is no danger , neither is there any question or justling betwixt Christ & Authority ; though our enemies falsly state the question , as if Christ and Authority could not abide under one roof ; the question onely is betwixt Christ and men in Authority : Authority is for & from Christ , & sib to him ; how then can he make a plea with it ? Nay the truth is , wormes & Gods of clay , are risen up against Christ. If the fruit of your La : Womb be helpers of Christ , ye have good ground to rejoyce in God. All your La : can expect for your goodwill to me & my Brother ( a wronged stranger for Christ ) is , the prayers of a prisoner of Iesus , to whom I recommend your La : & house & children , & in whom I am . Aberd. Sept. 8. 1637. MADAM . Your 〈◊〉 : in Christ. S. R. To the Lady Culross . ( 41 ) MADAM . GRace , mercy & peace be to you : I dare not say I wonder that ye have never written to me in my bonds , because I am not ignorant of the cause ; yet I could not but write to you : I know not whether joy or heaviness in my soul carrieth it away ; sorrow without any mixture of sweetness , hath not often love-thoughts of Christ , but I see the devil can insinuat himself & ride his errands upon the thoughts of a poor oppressed prisoner . I am woe that I am making Christ my unfriend by seeking pleas against him , because I am the first in the Kingdom put to utter silence , & because I cannot preach my Lord's righteousness in the great congregation : I am notwithstanding the less solicitous how it goe , if there be not wrath in my cup. But I know , I but claw my wounds when my physician hath forbidden me : I would beleeve in the dark upon luck's head , & take my hazard of Christ's goodwill & rest on this , that in my fever my Physician is at my bed-side , & that he sympathizeth with me when I sigh . My borrowed house , & another man's bed & fire-side & other losses have to room in my sorrow , a greater heat to eat out a less fire , is a good remedie for some burning . I beleeve when Christ draweth blood he hath skill to cut the right veine & that he hath taken the whole ordering and disposing of my sufferings . Let him tutour me , & tutour my crosses as he thinketh good , there is no danger nor hazard in following such a guide ; howbeit he should lead me through hell , if I could put faith foremost , & fill the fieldwith a quiet on-waiting , & beleeving to see the salvation of God. I know Christ is not obliged to let me see both the sides of my cross , & turn it over & over , that I may see all , My faith is richer to live upon credit , & Christ's borrowed money , then to have much in my hand . Alas I have forgotten that faith in times past hath stopped a lek in my crazed barke , & hath filled my sailes with a fair wind : I see it a work of God that experiences are all lost , when summonds of improbation , to prove our Charters of Christ to be counterfit , are raised against poor souls in their heavie trials : but let me be a sinner , & worse then the chief of sinners , yea a guilty devil , I am sure my welbeloved is God , & when I say Christ is God , & my Christ is God , I have said all things , I can say no more : I would I could build as much on this , my Christ is God , as it would bear , I might lay all the world upon it : I am sure Christ untried , and untaken up in the power of his love , Kindness , mercies , goodness , wisdom , long-suffering & greatness , is the rock that dim-sighted travellers dash their foot against , & so stumble fearfully . But my wounds are sorest , & pain me most , to sin against his love , & his mercy , & if he would set me & my conscience by the ears together & resolve not to rid the plea , but let us deal it betwixt us ; my spitting upon the fair face of Christ's love , & mercies , by my Jealousies , unbelief , and doubting would be enough to sink me . Oh , oh , I am convinced O Lord , I stand dumb before thee for this : Let me be mine own Judge in this , and I take a dreadfull doom upon me for it ; for I still misbeleeve , though I have seen that my Lord hath made my cross , as if it were all Crystal , so as I can see thorow it Christs fair face and heaven , and that God hath honoured a lump of sinfull flesh and blood the like of me , 〈◊〉 to be Christ's honourable Lord-prisoner , I ought to esteem the walls of the theeves-hole ( if I were shut up in it ) or any stinking dungeon , all hung with tapestrie , & most beautifull for my Lord Jesus , & yet I am not so shut up , but that the sun shineth upon my prison , & the fair wide heaven is the covering of it . But my Lord in his sweet visits hath done more , for he make me finde that he will be a confined prisoner with me : he lieth down , & riseth up with me , when I sigh , he sigheth : When I weep , he suffereth with me ; & I confesse here is the blessed issue of my sufferings already begun , that my heart is filled with hunger & desire , to have him glorified in my sufferings . Blessed ye of the Lord , Madam , if ye would help a poor Dyvour , & cause others of your acquaintance in Christ help me , to pay my debt of love , even reall praises to Christ my Lord. Madam let me charge you in the Lord , as ye will answer to him , help me in this duty [ which he hath tyed about my neck with a chain of such singular expressions of his loving kindness ] to set on high Christ , to hold in my honesty at his hands , for I have nothing to give him . O that he would arrest & comprise my love & my heart for all ! I am a Dyvour who have no more free goods in the world for Christ , save that , it is both the whole heritage I have & all my movables besides : Lord give the thirsty man a drink . Oh to be over the ears in the well ! Oh to be swattering , & swimming over head & ears in Christ's love ! I would not have Christ's love entering in me , but I would enter into it , & be swallowed up of that love . But I see not my self here , for I fear I make more of his love then of himself ; whereas himself is far beyond & much better then his love . Oh if I had my sinfull armes filled with that lovely one Christ ! Blessed be my rich Lord Jesus who sendeth not away beggers from his house with a toom dish . He filleth the vessels of such as will come & seek : We might beg our selves rich , [ if we were wise , ] if we could but hold out our withered hands to Christ , & learn to suit , & seek , aske , & knock . I ow my salvation for Christ's glory , low it to Christ , & desire that my hell , yea a new hell , seven times hotter then the old hell , might buy praises before men and Angels to my Lord Jesus ; providing alwayes I were free of Christ's hatred & displeasure . What am I to be forfeited & sold in soul & body , to have my great & royall King set on high , and extolled above all ? O if I knew how high to have him set , & all the world far , far beneath the soles of his feet ! Nay I deserve not to be the matter of his praises , far less to be an agent in praising of him . But he can win his own glory out of me , & out of one worse then I [ if any such be ] if it please his holy Majesty so to doe ; he knoweth that I am not now flattering him . Madam let me have your prayers , as ye have the prayers & blessing of him that is separated from his Brethren . Grace , Grace be with you . Aberd. June 15. 1637. Your own in his sweet Lord Iesus , S. R. To the Earle of Cassills . ( 42 ) My very Noble & honourable Lord. I make bold ( out of the honourable & Christian report I hear of your Lo : having no other thing to say , but that which concerneth the honourable cause , which the Lord hath enabled your Lo : to professe ) to write this , that it is your Lo : crown , your glory , & your honour to set your shoulder under the Lords glory , now falling to the ground ; & to back Christ now , when so many think it wisdom to let him send for himself : the shields of the earth ever did , & doe still beleeve , that Christ is a cumbersom neighbour , & that it is a pain to hold up his yea's , & nay's : They fear he take their chariots , & their crownes , & their honour , from them ; but my Lord standeth in need of none of them all : But it is your glory to own Christ & his buried truth , for let men say what they please , the plea with Sion's enemies in this day of Jacob's trouble , is , If Christ should be King , & no mouth steak lawes but his ? It concerneth the apple of Christ's eye , & his royall priviledges , what now is debated : & Christ's Kingly honour is come to yea , & nay : But let me be pardoned my , my dear & Noble Lord , to beseech you by the mercies of God , by the comforts of the Spirit , by the wounds of your dear Saviour , by your compearance before the Judge of quick & dead ; to stand for Christ , and to back him . Oh if the Nobles had done their part , & been zealous for the Lord it had not been as it is now ; but men think it wisdom to stand beside Christ , till his head be broken , & sing dumb . there is a time coming when Christ will have a thick court & he will be the glory of Scotland , & he shall make a diadem , a garland , a seal upon his heart & a ring on his finger , of these , who have avouched him before this faithlesse generation : Howbeit ere that come , wrath from the Lord is ordained for this land . My Lord , I have cause to write this to your Lo : for I dare not conceal his kindness to the soul of an afflicted , exiled prisoner : Who hath more cause to boast in the Lord then such a sinner as I ? Who am feasted with the consolations of Christ , & have no pain in my sufferings , but the pain of soul-sickness of love for Christ , & sorrow that I cannot get help to sound aloud the high praises of him who hath heard the fighing of the prisoner , & is content to lay the head of his oppressed servant in his bosome , under his chinne , & let him feel the smell of his garments . This I behooved to write that your Lo : might know , Christ is as good as he is called , & to testifie to your Lo : the cause your Lo : now professeth before this faithless world is Christ's : & your Lo : shall have no shame of it . Grace be with you . Aberd. March. 13. 1637. Your Lo : obliged Servant S. R. To the much honoured JOHN OSBURN , Provest of Ayr. ( 43 ) . Much honoured Sir , GRrace mercy , & peace be to you ; Upon our small acquaintance & the good report I hear of you , I could not but write to you : I have nothing to say , but Christ in that honourable place lie hath put you in , hath intrusted you with a dear pledge which is his own glory ; & hath armed you with his sword to keep the pledge & make a good account of it to God. Be not affraid of me . Your master can mowe down his enemies & make with red hay of fair flowers . your time will not be long ; after your after 〈…〉 will come your evening , & after evening night : serve Christ , back him , lethis cause be your cause ; give not an hair breadth of 〈◊〉 away , for it is not yours but God's : then , since ye are going take Christ's t●●ti●cat with you out of this life , Well done good & faithfull servant . His well done is worth a shipfull of Good-dayes & earthly honours . I have cause to say this , because I finde him truth it self : In my sad dayes , Christ laugheth cheerfully & saith , All will be well . Would to God , all this Kingdom , & ye , & all that know God , knew , what is betwixt me & Christ in this prison , what kisses , embracements , & love-communings : I take his cross in my armes with joy , I blesse it , I rejoyce in it : suffering for Christ is my garland ; I would not exchange Christ for ten thousand worlds ; nay [ if the comparison could stand ] I would not exchange Christ with heaven . Sir , pray for me , & the prayers & blessing of a prisoner of Christ meet you in all your straits . Grace be with you . Aberd. March. 14. 1637. Yours in Christ Iesus his Lord. S. R. To ROBERT GORDON Bailiffe of Ayr. ( 44 ) Worthy Sir. GRace , mercy & peace be to you : I long to hear from you in paper . Remember your Chief's speeches on his death-bed : I pray your Sir sell all & buy the pearle ; time will cut you from this world's glory : Look what will doe you good , when your glasse shall be run out , & let Christ's love bear most court in your soul , & that court will bear down the love of other things : Christ seeketh your help in your place , give him your hand : Who hath more cause to encourage others to own Christ then I have ? for he hath made me sick of love & le●t me in pain to wrestle with his love , & love is like to fall a swoon through his absence : I mean not that he deserteth me , or that I am ebbe of comforts , but this is an uncouth pain . Oh that I had a heart & a love to render to him back again ! O if principalities & powers , thrones & dominions & all the world , would help me to praise . Praise him in my behalf . Remember my love to your wife . I thank you most kindly for your love to my brother . Grace be with you . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus . S. R. To JOHN KENNEDY , Bailiffe of Ayr. ( 45 ) GRace , mercy and peace be unto you : Your nor writing to me , cannot binde me up from remembring you now & then , that at least ye may be a witness & a third man , to behold in paper what is betwixt Christ & me . I was in his eyes like a young Orphan , wanting known parents , casten out in the open fields ; either Christ behooved to take me up , & to bring me home to his house and fire-side , else I had dyed in the fields : & now , I am homly with Christ's love , so that I think the house mine own , & the master of the house mine also . Christ enquired not when he began to love me , whether I was fair , or black , & sun-burnt ? love taketh what it may have . He loved me before this time I know , but now I have the flower of his love , his love is come to a fair bloom , like a young rose opened up out of the green leaves , & it casteth a strong & fragrant smell . I want nothing but wayes of expressing Christ's love : A full vessel would have a vent . O if I could smoke out & cast out coales to make a fire in many brests of this land ! Oh it is a pity that there were not many imprisoned for Christ , for no other purpose , but to write books & love-songs of the love of Christ. This love would keep all created tongues of men & Angels in exercise , & busie , night & day to speak of it . Alas I can speak nothing of it , but wonder at three things in his love . First , Freedome . O that lumps of sin should get such love for nothing . Secondly . The Sweetness of his love , I give over either to speak or write of it , but these that feel it may better bear witness What it is : but it is so sweet that next to Christ himself nothing can match it : nay I think a soul could live eternally blessed onely on Christ's love , & feed upon no other thing : yea when Christ in love giveth a blow , it doeth a soul good , & it is a kinde of comfort & joy to it , to get a cuff with the lovely , sweet , & soft hand of Jesus . And Thirdly , what power & strength is in his love ? I am perswaded it can climb a●st●ep hill , & hell upon it's back , & swim through the water & not dro●n , & sing in the fire & finde no pain , & triumph in losles , prisons , sorrows , exile , disgrace , & laugh & rejoyce in death . Oh for a yeer's lease of the sense of his love without a cloud , to try what Christ is ! Oh for the coming of the bridegroom ! Oh when will I see the bridegroom & the bride meet in the clouds & kisse each other ! Oh when will we get our day & our hearts full of that love ! Oh is it were lawfull to complain of the f●mine , & want of that love of the immediat vision of God! O time , time , how doest thou torment the souls of these that would be swallowed up of Christ's love , because thou movest so slowly ! Oh if he would pity a poor prisoner , & blow love upon me , & give a prisoner a taste , or draught of that surpassing sweetness ( which is glory as it were begun ) to be a confirmation , that Christ & I shall have our fill of other for ever ! Come hither O love of Christ , that I may once kisse thee before I die , what would I not give to have time that lieth betwixt Christ & me taken out of the way that we might once meet ? I cannot think but ●t the first sight I shall see of that most lovely & fairest face , love shall come out of his two eyes & fill me with astonishment , I would but desire to stand at the utter side of the gates of the new Jerusalem , & look thorow a hole of the door & see Christ's face : a borrowed vision in this life would be my borrowed & begun heaven , while the long , long-looked for day dawn . It is not for nothing that it is said Colos. 1. 27. Christ in you the hope of glory . I will be content of no pawne of heaven but Christ himself ; for Christ possessed by faith here is young heaven & glory in the bud : If I had that pawne I would bide horning & hell both ere I gave it again . All we have here , is scarce the picture of glory : Should not we young bairns long & look for the expiring of our minority . It were good to be daily begging propines & love-gifts , & the bridegroom's favours , & if we can doe no more seek Crumbs & hungry dinners of Christ's love , to keep the taste of heaven in our mouth while supper time . I know it is far afternoon and nigh the marriage-supper of the Lamb , the table is covered already . O welbeloved run , run fast ! O fair day when wil't thou dawn ! O shaddows flee away ! I think hope & love woven thorow other , make our absence from Christ spirituall torment : It is a pain to wait on , but hope that maketh not a hamed swalloweth up that pain . It is not unkindness that keepeth Christ & us so long asunder . What can I say to Christ's love ? I think more then I can say : To consider that when my Lord Jesus may take the air [ if I may so speak ) & goe abroad ; yet he will be confined & keep the prison with me : but in all this sweet communion with him what am I to be thanked , for I am but a sufferer , whether I will or not he will be kind to me , as if he had defied my guiltiness to make him unkind , so he beareth in his love on me . Here I die with wondering , that justice hindereth not love ; for there are none in hell nor out of hell , more unworthy of Christ's love . Shame may confound and scar me , once to hold up my black mouth , to receive one of Christ's undeserved kisses . If my inner-side were turned out , & all men saw my vileness , they would say to me , It is a shame for thee to stand still , while Christ kiss thee & embrace thee : It would seem to become me rather to run away from hi love , as ashamed at my own unworthiness . Nay I may think shame to take heaven , who have so higly provoked my Lord Jesus : But seeing Christ's love will shame me , I am content to be shamed . My desire is that my Lord would give me broader & deeper thoughts , to feed my self with wondering at his love : I would I could weigh it , but I have no ballance for it . When I have worn my tongue to the stump in praising of Christ , I have done nothing to him , I must let him alone , for my withered armes will not goe about his high , wide , long and broad love : What remaineth then , but that my debt to the love of Christ lie unpaid for all eternity . All that are in heaven are black sham'd with his love as well as I , we must all be Dyvours together , & the blessing of that house-full , or heaven-full of Dyvours , shall rest for ever upon him . Off this Land & Nation would come & stand beside his inconceivable & glorious perfections , & look in , & love , & wonder , & adore ! would to God I could bring in many lovers to Christ's house ! But this Nation hath forsaken the fountain of living waters . Lord cast not water on Scotland's coal . Woe , woe will be to this Land , because of the day of the Lord 's fierce anger that is so fast coming . Grace be with you . Aberd. Your affectionat Brother in our Lord Iesus , S. R. To JOHN KENNEDY Bailiffe of Ayr. ( 46 ) Worthy & Dear Brother . GRace , mercy & peace be to you : I long to see you in this Northerne world in paper ; I know it is not forgetfulness that ye write not : I am every way in good case both in soul & body , all honour & glory be to my Lord : I want nothing but a further revelation of the beauty of the unknown Son of God. Either I know not what Christianity is , or we have stinted a measure of so many ounce weights , & no more upon holiness , & there we are at a stay , drawing our breath all our life : a moderation in God's way , now , is much in request . I profess I have never taken pains to finde out him whom my soul loveth , there is a gate yet of finding out Christ , that I have never lighted upon . Oh if I could finde it out ! Alas how soon are we pleased with our own shaddow in a glass ! It were good to be beginning in sad earnest to finde out God , & to seek the right tread of Christ : time , custome , & a good opinion of our selves , our good meaning , & our lazie desires , our fair showes , & the world's glistering lustres , & these broad passements & buskings of religion , that bear bulk in the Kirk , is that wherewith most satisfie themselves : but a watered bed with tears a dry throat with praying , eyes a fountain of tears for the sins of the land is rare to be found among us . Oh if we could know the power of godliness ! This is one part of my case , & an other is , that I like a fool once summoned Christ for unkindness , & complained of his sickelness & unconstaney , because he would have no more of my service nor preaching , & had casten me out of the inheritance of the Lord : And I confess now , this was but a bought plea , & I was a fool , yet he hath born with me : I gave him a fair advantage against me , but love & mercy would not let him take it : & the truth is , now he hath childed himself friends with me , & hath taken away the mask , & hath renewed his wounted favour in such a manner , that he hath paid me my hundred-fold in this life ; & one to the hundred . This prison is my banqueting house , I am handled as softly & delicatly as a dâted childe : I am nothing behinde ( I see ) with Christ , he can in a moneth make up a yeers losses : & I write this to you , that I may entreat , nay , adjure & charge you , by the love of our welbeloved to help me to praise , & to tell all your Christian acquaintance to help me , for I am as deeply drowned in his debt , as any Dyvour can be : & yet in this fair sun-blenke I have something to keep me from startling , or being exalted above measure . His word is a fire shut up in my bowels , & I am weary with forbearing : the ministers in this town are saying they shall have my prison changed into less bounds , because they see God with me : my mother hath born me a man of contention , one that striveth with the whole earth . The late wrongs & oppressions done to my brother keep my sails low : yet I defie crosses to embarke me in such a plea against Christ , as I was troubled with of late : I hope to overhope & overbeleeve my troubles : I have cause now to trust Christ's promise , more then his gloom . Remember my hearty affection to your wife , My soul is grieved for the success of our brethrens journey to New-England , but God hath somewhat to reveal that we see not . Grace be with you . Pray for the prisoner . Aberd. Jan. 1. 1637. Yours in his onely L. Iesus . S. R. To MARGARET BALANTINE . ( 47 ) MISTRESS . GRace , mercy & peace be unto you : It is more then time that I should have written to you , but it is yet good time , if I could help your soul to mend your pace , & to goe more swiftly to your heavenly countrey ; for truly ye have need to make all haste , because the inch of your day that remaineth will quickly slip away , for whether we sleep or wake our glass runneth , the tide bideth no man : Beware of a beguile in the matter of your salvation : woe , woe for evermore to them that lose that prize , for what is behinde when the soul is once lost ; but that sinners warme their bits of clay-houses at a fire of their own kindling for a day or two , which doeth rather suffocat with it's smoke then warme them , & at length they lie down in sorrow & are clothed with everlasting shame . I would seek no further measure of faith to begin withall , then to beleeve really , & stedfastly the doctrine of God's Justice , his all-devouring wrath & everlasting burning , where sinners are burnt soul & body in a river & great lake of fire & brimstone : Then they would wish no more goods but the thousand part of a cold fountain well to coole their tongue , they would then buy death with enduring of pain & torment for as many yeers , as God hath created drops of rain since the creation : but there is no market in buying or selling life or death there . Oh alas the greatest part of this world run to the place of that torment rejoycing & dancing , eating , drinking & sleeping ! my counsel to you is , that ye start in time to be after Christ ; for if ye goe quickly , Christ is not far before you : Ye shall overtake him . O Lord God , what is so needfull as this , salvation , salvation : Fie upon this condemned & foolish world that will give so little for salvation . Oh , if there were a free market of salvation proclaimed in that day when the trumpet of God shall awake the dead , how many buyers would be then ? God send me no more happiness but that salvation which the blinde world [ to their eternall woe ] letteth slip through their fingers : Therefore look if ye can give out your money [ as Isa : speaketh 55 : 2. ] for bread , & lay Christ & his blood in wodset for heaven : It is a dry & hungry bairn's-part of goods , that Esau's are hunting for here : I see thousands following the chase and in the pursuit of such things , while in the mean time they lose the blessing , & when all is done they have caught nothing to rost for supper , but lie down hungry ; & besides they goe to their bed [ when they die ] without a candle , for God saith to them , Isa : 50 : 21. This shall ye have at my ha●d , ye shall lie down in sorrow : And truly this is as ill made a bed to lie upon , as one could wish ; for he cannot sleep soundly nor rest sweetly who hath sorrow for his pillow . Rouze , rouze up therefore your soul , & spier how Christ and your soul met together : I am sure they never got Christ who were not once sick at the yolk of the heart for him : too too many whole souls think they have met with Christ who had never a wearied night for the want of him : But alas , what richer are men that they dreamed the last night they had much gold , & when they awoke in the morning they found it was but a dream ? what are all the sinners in the world in that day when heaven & earth shall goe up in a flame of fire , but a number of beguiled dreamers ? every one shall say of his hunting & his conquest . Behold it was a dream , every man in that day will tell his dream . I beseeeh you in the Lord Jesus , beware , beware of unsound work in the matter of your salvation , ye may not , ye cannot , ye dow not want Christ : then after this day conveen all your lovers before your soul , & give them their leave , & strike hands with Christ , that there after there may be no happiness to you but Christ , no hunting for any thing but Christ , no bed at night ( when death cometh ) but Christ ; Christ , Christ , who but Christ. I know this much of Christ. He is not ill to befound , not Lordly of his love ; woe had been my part of it for evermore , if Christ had made a dainty of himself to me ; but God be thanked , I gave nothing for Christ ; & now I protest before men & Angels Christ cannot be exchanged . Christ cannot be sold , Christ cannot be weighed : Where would Angels or all the world finde a ballance to weigh him in ? All lovers blush when ye stand beside Christ , woe upon all love but the love of Christ. Hunger , hunger for evermore be upon all heavens but Christ. Shame , shame for evermore be upon all glory but Christ's glory . I cry death , death upon all life 's but the life of Christ. O what is it that holdeth us asunder ! O that once we could have a fair meeting . Thus recommending Christ to you , and you to him for evermore : I rest . Grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To JONET KENNEDY . ( 48 ) Loving & Dear Sister . GRace , mercy and peace be unto you : I received your letter : I know the savour of Christ in you ( that the virgins love to follow ) cannot be blowen away with winds either from hell , or the evil smelled air of this polluted world : Sir for aback from the walls of this pest-house , even the pollutions of this defiling world . Keep your taste , your love and hope in heaven , it 's not good your love & your Lord should be in two sundry countreys . Up , up after your lover , that ye & he may be together . A King from heaven hath sent for you , by faith he sheweth you the new Jerusalem , & taketh you alongst in the Spirit thorow all the ease-rooms , & dwelling-houses in heaven , & saith , All these are thine , this palace is for thee & Christ , & if ye onely had been the chosen of God , Christ would have built that one house for you and himself : Now , it is for you & many also : take with you in your journey what ye may carry with you , your conscience , faith , hope , patience , meekness , goodness , brotherly kindness ; for such wares as these are of great price in the high & new countrey whether ye goe : As for other things , that are but the world's vanity & trash , since they are but the house-sweepings , ye shall doe best not to carry them with you , ye found them here , leave them here , and let them keep the house . Your Sun is well turned , & low : be nigh your lodging against night . We goe , one & one , out of this great market , till the town be empty , & the two lodgings Heaven & Hell be filled : At length there will be nothing in the earth but room walls & burnt ashes , & therefore it is best to make away . Antichrist & his Master are busie to plenish Hell , & to seduce many ; & Stars , great church-lights , are falling from heaven , & many are missed & seduced & make up with their faith , & sell their birth-right , by their hungry hunting for , I know not what : Fasten your grips fast upon Christ , I verily esteem him the best aught that I have : He is my second in prison , having him , though my cross were as heavie as ten mountains of iron , when he putteth his sweet shoulder under me & it , my cross is but a feather . I please my self in the choice of Christ , he is my waile in heaven & earth , I rejoyce that he is in heaven before me , God send a joyfull meeting ; & in the mean time the traveller's charges for the way , I mean a burden of Christ's love to sweeten the journey , & to encourage a breathless runner , for when I lose breath climbing up the mountain , he maketh new breath . Now , the very God of peace establish you to the day of his appearance . Aberd. Sept. 9 ▪ 1637. Your● in his onely Lord Iesus , S. R. To MARGARET REID . ( 49 ) My very Dear & worthy Si●●er , GRace , mercy , & peace be to you : Ye are truly blessed of the Lord , however a lowre world gloom upon you , if ye continue in the faith , grounded & settled & be not moved away from the hope of the Gospel , it is good , there is a heaven , & it is not a night dream or a fancy : It is a wonder that men deny not that there is a heaven , as they deny there is a way to it , but of mens making : You have learned of Christ that there is a heaven ; contend for it , & contend for Christ ; bear well & submissivily the hard cross of this step-mother world , that God will not have to be yours . I confess , it is hard , & I would I were able to ease you of your burthen ; But beleeve me , this world , [ which the Lord will not have to be yours ] is but the dross , the refuse & scum of God's creation , the portion of the Lord 's poor hired servants ; the moveables , not the heritage ; a hard bone casten to the dogs holden out of the new Jerusalem , whereupon they rather break their teeth then satisfie their appetite : It is your father's blessing , & Christ's birth-right , that our Lord is keeping for you ; & I perswade you , your seed also shall inherit the earth ( if that be good for them ) for that i● promised to them , & God's bond is as good and better then if men would give every one of them a bond for thousand thousands . Ere ye was born , cross●s in number , measure & weight were written for you , & your Lord will lead you thorow them : make Christ sure , & the blessings of the earth shall be at Christ's back . I see many professors for the fashion follow on , but they are professors of glass ; I would cause a little knock of persecution ding them in twenty pieces , & so the world should laugh at the sheards : Therefore make fast work , see that Christ lay the ground-stone of your profession , for wind & rain & speats will not wash away his building : his works have no shorter date then to stand for evermore . I should twe●ty times have perished in my affliction if I had not leaned my weak back & laid my pressing burthen both upon the stone , the foundation-stone , the corner-stone laid in Zion : & I desire never to rise off this stone . Now the very God of peace confirm & establish you unto the day of the blessed appearance of Christ Jesus . God be with you . Aberd. Yours in his dearest Lord Iesus , S. R. To JAMES BAUTIE . ( 50 ) Loving Brother . GRace , mercy & peace be unto you : I received your letter & renders you thanks for the same ; but I have not time to answer all the heads of it as the bearer can inform you . 1. Ye doe well to take your self at the right stot when ye wrong Christ by doubting & misbeleef , for this is to nick-name Christ & terme him a liar , which being spoken to our Prince would be hanging or heading , but Christ hangeth not alwayes for treason : It is good that he may registrat a beleevers bond a hundred times , & more then seventy times a day have law against us , & yet he spareth us as a man doeth his son that serveth him : No tender hearted mother who may have law to kill her sucking childe , would put in execution that law . 2. For your failings even ye have a set tryst with Christ & when ye have a fair seen advantage by keeping your appointment with him , & Salvation cometh to the very passing of the seals : I would say two things . 1. Concluded & sealed Salvation may goe through & be ended , suppose ye write your name to the tail of the Covenant with ink that can hardly be read : Neither think I ever any man's Salvation passed the seals , but there was an odde trick or slip in less or more , upon the fools part , who is infested in heaven : In the most grave & serions work of our Salvation , I think Christ had ever good cause to laugh at our filliness , & to put on us his merits , that we might bear weight . 2. It is a sweet law of the new Covenant , & a priviledge of the new burgh , that the citizens pay according to their means , for the new covenant saith not so much obedience by ounce weights , & no less under the pain of damnation : Christ taketh as poor men may give , where there is a mean portion , he is content with the less ; if there be sincerity : broken summes & little feckless obedience will be pardoned , & hold the foot with him : know ye not that our kindly Lord retaineth his good old heart yet ? He breaketh not a bruised reed nor quencheth the smoaking flax : but if the wind blow , he holdeth his hands about , it till it rise to a flame . The Law cometh on with three Oyes's , with all the heart : with all the soul , & with all the whole strength : & where would poor folke like you & me furnish all these summes ? it feareth me , ( may it is most certain ) that if the payment were to come out of our purse , when we should put our hand in our bag , we would bring out the wind or worse : But the new Covenant seeketh not heap mete nor stented obedience as the condition of it , because forgiveness hath alwayes place . Hence I draw this conclusion : To think matters betwixt Chirst & us goe back for want of heaped measure , is a piece of old Adam's pride , who would either be at legal payment or nothing : We would still have God in our common & buy his kindness with our merits ; for beggerly pride is Devil'shonest , & blusheth to be in Christ's common , & scarce giveth God a grammercy & a lifted cap [ except it be the Pharisee's unlucky God I 〈◊〉 thee ] or a bowed knee to Christ : it will onely give a good-day for a good-day again ; & if he dissemble his kindness as it were in jest & seem to misken it , it in earnest spurneth with the heels & snuffeth in the wind , & careth not much for Christ's kindness : If he will not be friends let him goe , saith pride : beware of this thief , when Christ offereth himself . 3. No marvell then of whisperings , whether you be in the Covenant or not ? For Pride it maketh loose work of the Covenant of grace , & will not let Christ be full bargainmaker . To speak to you particularly & shortly . 1. All the truly regenerated cannot determinatly tell you the measure of their dejections , because Christ beginneth young with many & stealeth into their heart ere they wit of themselves & becometh homely with them with little din , or noise . I grant , many are blinded in rejoycing in a good-cheap conversion , that never cost them a sick night ; Christ's physick wrought in a dream upon them : But for that , I would say ; if other markes be found that Christ is indeed come in , never make a plea with him because he will not answer , Lord Iesus how camest thou in ? whether in at door or window ? Make him welcome since he is come . The wind bloweth where it listeth ; all the world's wit cannot perfectly render a reason , why the wind should bea moneth in the east , six weeks possibly in the west : & the space onely of an afternoon in the south or north : Ye will not finde ●●t all the nicks & steps of Christ's way with a foul doe what ye can ; for sometimes he will come in stepping softly , like one walking beside a sleeping person & slip to the door , & let none know he was there . 2. Ye object , the truly regenerat should love God for himself : & ye fear that ye love him more for his benefits ( as incitements & motives to love him ) then for himself . I Answer , to love God for himself as the last end , & also for his benefits as incitements & motives to love him , may stand well together , as a son loveth his mother because she is his mother , howbeit she be poor , & he loveth her for an apple also : I hope ye will not say that benefits are the onely reason & bottom of your love ; it seemeth there is a better foundation for it : Alwayes if a hole be in it , sow it up shortly . 3. Ye feel not such mourning in Christ's absence as ye would . I Answer , that the regenerat mourn at all times , & all in alike measure for his absence , I deny : There are different degrees of mourning less or more , as they have less or more love to him & less or more sense of his absence : But , 1. Some they must have . 2. Sometimes they miss not the Lord , & then they cannot mourn , howbeit it is not long so : At least it is not alwayes so . 3. Ye challenge your self that some truthes finde more credit whith you then others : Ye doe well , for God is true in the least as well as in the greatest , & he must be so to you : Ye must not call him true in the one page of the leaf , & false in the other , for our Lord in all his writtings never contradicted himself yet , although the best of the regenerat have slipped here , alwayes labour ye to hold your feet . 4. Comparing the estate of one truly regenerat [ whose heart is a temple to the Holy Ghost ] & yours [ which is full of uncleanness & corruption ] ye stand dumb & discouraged & dare not sometimes call Christ heartsomely your own . I Answer , the best regenerat have their defilements & [ if I may speak so ] their draff-poke that will ●log behinde them all their dayes , & was la as they will , there will be filth in their bosom : But let not this put you from the well . 2. I Answer , albeit there be some ounce weights of carnality & some squint look , or eye in our neck to an idol , yet love in it's own measure may be sound ; for glory must purifie & perfect our love , it will never till then be absolutly pure : yet if the idol reign & have the yolk of the heart & the keyes of the house , & Christ onely be made an underling to run erra●ds , all is not right ; therefore examine well . 3. There is a two fold discouragement : one of unbeleef to conclude & make doubting the conclusion for a mote in your eye , & a by-look to an idol , this is ill . There is another discouragement of sorrow for sin , when ye finde a by-look to an idol : this is good & a matter of thanksgiving , therefore examine here also . 5. The assurance of Jesus's love ye say would be the most comfortable newes that ever ye heard : Ans. That may stop twenty holes , & loose many objections : That love hath tellng in it I trow . Oh that ye knew & felt it as I have done ! I wish ye a share of my feast ; sweet , sweet hath it been to me : If my Lord had not given me his love , I would have fallen thorow the causey of Aberdeen ere now : But for you , hing on , your feast is not far off , ye shall be filled ere ye goe , there is as much in our Lord's pantry as will satisfie all his bairns , & as much wine in his cellar as will quench all their thirst : hunger on , for there is meat in hunger for Christ : Goe never from him , but fash him [ who yet is pleased with the importunity of hungry souls ] with a dish-full of hungry desires till he fill it ; & if he delay , yet come not ye away , albeit ye should fall a swoon at his feet . 7. Ye crave my minde , whether found comfort may be found in prayer , when conviction of a known idol is present . I answer , an idol as an idol can not stand with found comfort ; for that comfort that is gotten at Dagon's sect is a cheat or blea-flumme : yet sound comfort & conviction of an eye to an idol , may as well dwell together , as tears & joy : But let this doe you no ill , I speak it for your encouragement , that ye may make the best out of your joyes ye can , albeit ye finde them mixed with motes . 2. Sole conviction , if alone without remorse and grief , is not enough , therefore lend it a tear if ye dow win at it . 7. Ye question , when ye win to more fervency sometimes with your neighbour in prayer then your alone , whether hypocrisie be in it , or not ? I answer , if this be alwayes , no question a spice of hypocrisie in in it , which would be taken head to ; out possibly desertion may be in privat , & presence in publike , & then the case is clear . 2. A fit of applause may occasion by accident a rubbing of a cold heart & so heat & life may come , but it is not the proper cause of that heat : hence God of his free grace will ride his errands upon our stinking corruption , but corruption is but a meer occasion & accident ; as the playing on a pipe removed anger from the prophet & made him fitter to prophesie : 2. King. 3 : v. 15. 8. Ye complain of Christ's short visits , that he will not bear you company one night , but when ye lie down warm at night , ye rise cold at morning . Ans. I cannot blame you [ nor any other who knoweth that sweet guest ] to bemoan his withdrawings , & to be most desirous of his abode & company ; for he would captivat & engage the affection of any creature that saw his face : since he looked on me & gave me a sight of his fair love , he gained my heart wholly , & got away with it : Well , well may he brook it , he shall keep it long ere I fetch it from him . But I shall tell you what ye shall doe : treat him well , give him the chair & the board-head , & make him welcome to the mean portion ye have ; a good supper & kind entertainment maketh the guest love the innes the better : Yet sometimes Christ hath an errand elsewhere , for meer trial , & then though ye give him king's-chear he will away ; as is clear in desertions for meer trial , & not for sin . 9. Ye seek the difference betwixt the motions of the Spirit in their least measure , & the natural joyes of your own heart . Ans. as a man can tell if he joy & delight in his wife , as his wife , or if he delight & joy in her for satisfaction of his lust , but hating her person , & so loving her for her her flesh & not grieving when ill befalleth her : so will a man's joy in God , and his who ●ish naturall joy be discovered , if he sorrow for any thing that may offend that Lord , it will speak the singleness of his love to him . 10. Ye aske the reason why sense overcometh faith Ans. because sense is more naturall , & neer of kin to our own selfish & soft nature . Ye aske , if faith in that ease be found ? Ans : If it be chased away , it is neither sound nor unsound , because it is not faith ; but it might be & was faith before sense did blow out the act of beleeving . Lastly , ye aske what to doe when promises are born in upon you , & sense of impenitency for sins of youth , hindereth application . I answer ; if it be living sense , it may stand with application , & in this case , put to your hand & eat your meat in God's name : if false , so that the sins of youth are not repented of , then as faith & impenitency cannot stand together , so neither that sense & application can consist . Brother , excuse my brevity , for time straitneth me , that I get not my minde said in these things , but must refer that to a new occasion , if God offer it . Brother , Pray for me . Grace be with you . Aberd. 1637. Yours in his dearest Lord Iesus . S. R. To JOHN STUART . Provest of Ayr , now in Ireland . ( 51 ) Much honoured Sir. GRace , mercy & peace be unto you : I long to hear from you , being now removed from my flock & the prisoner of Christ at Aberd : I would not have you to think it strange that your journey to New-England hath gotten such a dash : It indeed hath made my heart heavie , yet I know it is no dumb providence but a speaking one , whereby our Lord speaketh his minde to you , though for the present ye doe not well understand what he saith , however it be , he who sitteth upon the floods hath showen you his marvellous kindness in the great depths : I know your loss is great & your hope is gone far against you ; But I entreat you , Sir , expound aright our Lord 's laying an hinderance is the way : I perswade my self your heart aimeth at the footsteps of the flock , to feed beside the shepherds tents , & to dwell beside him whom your soul loveth , & that it is your desire to remain in the wilderness where the woman is kept from the Dragon , & this being your desire , remember that a poor prisoner of Christ said it to you , that , That miscarried journey is with childe to you of mercy & consolation : and shall bring forth a fair birth , and the Lord shall be midwife to the birth : wait on , he that beleeveth maketh not haste , Isa : 28. 16. I hope ye have been asking what the Lord meaneth & what further may be his will in reference to your return : my dear Brother , let God make of you what he will , he will end all with consolation , & shall make glory out of your sufferings , & would ye wish better work : this water was in your way to heaven & written in your Lord's book , ye behooved to cross it : & therefore kisse his wise & unerring providence : Let not the censures of men , who see but the out side of things [ & scarce well that ] abate your courage & rejoycing in the Lord , howb●it your faith seeth but the black side of providence , yet it hath a better side . & God shall let you see it . Learn to beleeve Christ better then his strokes , himself & his promises better then his gloomes : dashes & disappointments , are not Canonick scripture ; fighting for the promised land , seemed to cry to God's promise , thoulyest . If our Lord rideupon a straw , his horse shall neither stumble nor fall , Rom. 8. 28. For we know that all things work together for good to them that love God , Ergo shipwrak , losses &c : work together for the good of them that love God : Hence I inferre that losses , disappointments , ill tongues , losse of friends , houses or countrey , are God's work men set on work , to work out good to you out of every thing that befalleth you , let not the Lord's dealing seem harsh , rough , ot unfatherly , because it is unpleasant ; when the Lord 's blessed will bloweth cross your desires , it is best in humility to strike saile to him , and to be willing to be led any way our Lord pleaseth : it is a point of denial of your self , to be as if ye had not a will , but had made a free disposition of it to God & had sold it over to him ; & to make use of his will for your own , is both true holiness & your ease & peace : ye know not what the Lord is working out of this , but ye shall know it hereafter & what I write to you I write to your ●…ife , I compassionat her case ; but intreat her not to fear or faint , this journey is a part of her wilderness to heaven & the promised land , and there are sewer miles behinde , it is neerer the dawning of the day to her , then when she went out of Scotland : I would be glad to hear that ye & she have comfort & courage in the Lord. Now as concerning our Kirk : Our Service-book is ordained by open proclamation & sound of trumpet to be read in all the Kirks of this Kingdom : Our Prelats are to meet this moneth for It & our Canons , & for a Reconciliation betwixt us & the Lutherians . The Professors of Aberden-Universitie are charged to draw up the Articles of an Uniform Confession : But Reconciliation with Popery is intended ; this is the day of Jacob's Visitation , the wayes of Zion mourn , our gold is become dim , the sun is gone down upon our Prophets , a dry wind , but neither to fan nor to cleanse is coming upon this land & all our ill is coming from the multiplied transgressions of this land and from the friends & lovers of Babel amongst us , Jer : 31 : 35. The violence done to me & my flesh be upon thee Babylon shall the inhabitants of Zion say & my blood upon the inhabitants of Caldea shall Ierusalem say . Now for my self , I was three dayes before the High Comission , & accused of treason preached against our King : A Minister being witness went well nigh to swear it : God hath saved me from their malice . 1. They have deprived me of my Ministery . 2. Silenced me , that I exercise no part of the Ministeriall function within this Kingdom , under the pain of Rebellion . 3. Confined my person within the town of Aberden , where I finde the Ministers working for my confine ment in Caithnesse or Orknay far from them ; because some people here ( willing to be edified ) resort to me . At my first entry I had heavie challenges within me , & a court fenced [ but I hope not in Christ's name ] wherein it was asserted that my Lord would have no more of my service & was tired of me : And like a fool I summoned Christ also for unkindness , my soul fainted & I refused comfort & said , what ailed Christ at me , for I desired to be faithfull in his house ? thus in my rovings & mistakings my Lord Jesus bestowed mercy on me , who am less then the least of all saints . I lay upon the dust & bought a plea from Satan against Christ , & he was content to sell it , but at length Christ did show himself friends with me & in mercy pardoned & past my part of it , & onely complained , that a court should be holden in his bounds without his own allowance ; now I passe from my compearance , & as if Christ had done the fault he hath made the mends & returned to my soul ; so that now his poor prisoner feedeth on the feast of love : my adversaries know not what a courtier I am now with my Royall King , for whose crown I now suffer , it i● but our soft & lazie flesh that hath raised an ill report of the cross of Christ. O sweeet , sweet is his yoke ! Christ's chains are of pure gold , sufferings for him are perfumed : I would not give my weeping for the laughing of all the fourteen Prelats , I would not exchange my sadness with the world's joy . O lovely , lovely Jesus , how sweet must thy kisses be when thy cross smelleth so sweetly ! O if all the three Kingdoms had part of my love-feasts , & of the comforts of a dated prisoner . Dear Brother I charge you to praise for me & seek help of our acquaintance there , to help me to praise : Why should I smother Christ's honesty to me : my heart is taken up with this , that my silence and sufferings may preach ; I beseech you in the bowels of Christ to help me to praise : Remember my love in Christ to your wife , to Mr Blair & Mr Livingston , & Mr Cuninghame , let me hear from you for I am anxious what to doe : If I saw a call for New-England , I would follow it . Grace be with you . Aberd. 1637. Yours in our Lord Iesus , S. R. To JOHN STUART Provest of Ayr. [ 52. ] Much honoured & Dearest in Christ. GRace , mercy & peace from God our father & from our Lord Jesus Christ be upon you : I expected the comfort of a letter to a prisoner from you ere now . I am here , Sir , putting off a part of my inch of time , & when I awake first in the morning [ which is alwayes with great heaviness & sadness ] this question is brought to my minde , Am I serving God or not ? Not that I doubt of the truth of this honourable cause wherein I am engaged , [ I dare venture in to eternity & before my judge that I now suffer for the truth : because that I cannot endure that my Master who is a free-born King , should pay tribute to any of the shields or pot-sheards of the earth : Oh that I could hold the crown upon my Princely King's head with my sinfull arm , howbeit it should be stroke from me in that service from the shoulder blade ] but my closed mouth , my dumb Sabbaths , the memory of my communion with Christ , in many fair , fair dayes in Anwoth [ whereas now my master gotteth no service of my tongue as then ] hath almost broken my faith in two halves ; yet in my deepest apprehensions of his anger , I see thorow a cloud that I am wrong , & he in love to my soul hath taken up the controversie betwixt faith & apprehensions , and a decret is past on Christ's side of it , & I subscribe the decret : The Lord is equal in his wayes , but my guiltiness often overmastereth my beleeving , I have not been well known , for except as to open out-breakings I want nothing of what Judas & Cain had ; onely he hath been pleased to prevent me in mercy & to cast me into a fever of love for himself , & his absence maketh my fever most painfull , & beside , he hath visited my soul & watered it with his comforts , but yet I have not what I would , the want of reall and felt possession is my onely death , I know Christ pitieth me in this . The great men my friends that did for me , are dried up like winter brooks of water : All say , no dealing for that man , ●is best will be , to be gone out of the Kingdom : so I see they tire of me , but beleeve me I am most gladly content that Christ breaketh all my idols in pieces : it hath put a new edge upon my blunted love to Christ , I see he is Jealouse of my love , & will have all to himself . In a word these six things are my burden . 1. I am not in the vineyard as others are , it may be because Christ thinketh me a withered tree not worthy it's room , but God forbid . 2. Woe , woe , woe is coming upon my harlot-mother this Apostat-kirk , the time is coming when we shall wish for doves wings to flee and hide us , Oh for the desolation of this land . 3. I see my dear master Christ going his alone [ as it were ] mourning in sackeloth , his fainting friends fear that King Jesus shall lose the field , but he must carry the day . 4. My guiltiness and the sins of my youth are come up against me , and they would come in the plea in my sufferings , as deserving causes in God's justice ; but I pray God for Christ's sake he never give them that room , woe 's me that I cannot get my Royall , dreadfull , mighty & glorious Prince of the Kings of the earth set on high . Sir , ye may help me & pity me in this , and bow your knee & blesse his name , & desire others to doe it , that he hath been pleased in my sufferings to make Atheists , Papists , & enemies about me , say , It is like God is with this prisoner . Let hell & the powers of hell [ I care not ] be let loose against me to doe their worst , so being Christ & my Father , & his Father be magnified in my sufferings . 6. Christ's love hath pained me , for howbeit his presence hath shamed me and drowned me in debt , yet he often goeth away when my love to him is burning , he seemeth to look like a proud wooer who will not look upon a poor match who is dying of love , I will not say he is lordly , but I know he is wise in hiding himself from a childe & a fool , who maketh an idol & a God of one of Christ's kisses , which is Idolatry : I fear I adore his comforts more then himself , and that I love the apples of life better then the tree of life . Sir write to me . Commend me to your wife , mercy be her portion . Grace be with you . Aberd. 1637 Yours in his dearest Lord Iesus , S. R. To JOHN STUART . Provest of Ayr. [ 53 ] Worthy and dearly beloved in our Lord. GRace , mercy & peace be to you : I was refreshed & comforted with your letter : what I wrote to you for your comfort , I doe not remember , but I beleeve love will prophesie home-ward as it would have it . I wish I could help you to praise his great and holy name , who keepeth the feet of his saints , & hath numbred all your goings . I know our dearest Lord will pardon & passe by our honest errours & mistakes when we minde his honour ; yet I know none of you have seen the other half & the hidden side of your wonderfull return home to us again . I am confident ye shall yet say that God's mercy blew your sailes back to Ireland again . Worthy & dear Sir , I cannot but give you an account of my present state , that ye may goe an errand for me , to my high & royall master , of whom I boast all the day . I am as proud of his love , [ nay , I blesse my self & boast more of my present lot ] as any poor man can be of an earthly Kings court , or of a Kingdom . First I am very often turning both the sides of my cross , especially my dumb & silent Sabbaths , not because I desire to finde a crook or defect in my Lord's love , but because love is sick with phansies , & fears , whether or not the Lord hath a processe leading against my guiltiness , that I have not yet well seen : I know not , my desire is to ride fair , & not to spark dirt [ if with reverence of him I may be permitted to make use of such a word ] in the face of my onely , onely welbeloved ; but fear of guiltness , i● a tale-bearer betwixt me & Christ , & is still whispering ill tales of my Lord , to weaken my faith : I had rather a cloud went over my comforts by these messages , then that my faith should be hurt , for if my Lord get no wrong by me , verily I desire grace not to care what become of me . I desire to give no faith , nor credit to my sorrow , that can make a lye of my best friend Christ. Woe , woe be to them all who speak ill of Christ. Hence these thoughts awake with me in the morning & goe to bed with me . Oh what service can a dumb body doe in Christ's house ! Oh I think the word of God is imprisoned also ! Oh I am a dry tree ! Alas I can neither plant , nor water ! Oh if my Lord would make but dung of me , to fatten , and make fertile his own corn-ridges in mount Sion ! Oh if I might but speak to three or four herd-boyes of my worthy master , I would be satisfied to be the meanest and most obscure of all the Pastors in this land , & to live in any place , in any of Christ's basest out-hous●s ; but he saith , Sirra , I ●ill not send you , I have no errands for you there away : My desire to serve him is sick of jealousie lest he be unwilling to employ me . Secondly , this is seconded with another , Oh all that I have done in Anwoth , the fair work that my Master began there , is like a bird dying in the shell ! & what will I then have to show of all my labour in the day of my compearance before him , when the Master of the vineyard calleth the labourers , & giveth them their hire . Thirdly , but truly when Christ's sweet wind is in the right airth , I repent , & I pray Christ to take law-borrows of my quarrelous , & unbeleeving sadness & sorrow [ Lord rebuke them that put ill betwixt a poor servant like me , & his good master ] then I say whether the black cross will or not , I must climb , hands & feet up to my Lord. I am now ruing from my heart , that I pleasure the law [ my old dead husband ] so far as to apprehend wrath in my sweet Lord Jesus , I had far rather take an hire to plead for the grace of God , for I think my self Christ's sworn debter , & the truth is to speak of my Lord what I cannot deny , I am over head & ears drowned in many obligations to his love & mercy , he handleth me sometimes so , that I am ashamed almost to seek more for a four-hours , but to live content till the marriage-supper of the Lamb with that which he giveth ; but I know not how greedy & how ill to please love is , for either my Lord Jesus hath taught me ill manners , not to be content of a seat except my head lie in his bosom , & except I be fed with the fattest of his house , or else I am grown impatiently dainty & ill to please , as if Christ were obliged under this cross to doe no other thing but bear me in his armes , & as if I had claim by merit for my suffering for him : But I wish he would give me grace to learn to goe on my own feet , & to learn to want his comforts , & to give thanks & beleeve , when the snn is not in my firmament , & when my welbeloved is from home & gone another errand . O what sweet peace have I , when I finde Christ holdeth & I draw , when I climb up & he shutteth me down , when I grip him & embrace him , & he seemeth to loose the grips & flee away from me : I think there even is a sweet joy of faith & contentedness & peace in his very tempting unkindness , because my faith saith , Christ is not in sad earnest with me , but trying if I can be kinde to his mask & cloud that covereth him , aswell as to his fair face : I bless his great name that I love his vail that goeth over his face while God send better : for faith can kiss Gods tempting reproaches , when he nicknameth a sinner , a dog , not worthy to eat bread with the bairns , I think it an honour that Christ miscalleth me & reproacheth me : I will take that well of him , howbeit I would not bear it well if another would be that homely ; but because I am his own [ God be thanked ] he may use me as he pleaseth : I must say , the saints have a sweet life betwixt them & Christ , there is much sweet solace of love betwixt him & them , when he feedeth among the lilies & cometh in to his garden & maketh a feast of honey combs , & drinketh his wine & his milk , & cryeth , Eat O friends , drink , be ye drunken O welbeloved . One hour of this labour , is worth a shipfull of world's drunken & muddy joy : nay even the gate of heaven is the sunny side the of brae & the very garden of the world ; for the men of this world have their own unchristned & profane crosses & woe be to them & their cursed crosses both ; for their ills are salted with Gods vengeance , & our ills seasoned with our fathers blessing : So they are no fools who choose Christ & sell all things for him ; it is no bairns market nor a blinde block , we know well what we get & what we give . Now for any resolution to goe to any other Kingdō , I dare not speak one word : my hopes of enlargement are cold , my hopes of re-entry to my Master 's ill dressed , vine-yard again are far colder : I have no seat for my faith to sit on but bare omnipotency , & Gods holy arm & good will , here I desire to stay & ride at anchor & winter while God send fair weather again , & be pleased to take home to his house my harlot-mother : Oh if her husband would be that kind as to goe & fetch her out of the brothel-house & chase her lovers to the hills , but there will be sad dayes ere it come to that . Remember my bonds . Grace be with you . Aberd. 1637. Yours in our Lord Iesus . S. R. To the Lady Busbie . ( 54 ) MISTRESS . ALthough not acquaint , yet because we are father's children I thought good to write unto you : howbeit my first discourse & communing with you of Christ , be in paper ; yet I have cause since I came hither to have no paper-thoughts of him ; for in my sad dayes he is become the flower of my joyes , & I but lie here , living upon his love ; but cannot get so much of it as fain I would have , not because Christ's love is Lordly & looketh too high ; but because I have a narrow vessel to receive his love & I look too low : But I give under my own hand-write to you a testimonial of Christ & his cross , that they are a sweet couple , & that Christ hath never yet been set in his own due chair of honour amongst us all . Oh , I know not where to set him ! O for a high seat to that royal princely one ! O that my poor withered soul had once a running-over flood of that love , to put sap in my dry root , & that , that flood would spring out to the tongue and pen , to utter great things to the high & due commendation of such a fair one ! O holy , holy , holy one ! Alas there are too many dumb tongues in the world , and dry hearts , seeing there is employment in Christ for them all , and ten thousand worlds of men & Angels moe , to set on high & exalt the greatest Prince of the Kings of the earth . Woe 's me that bits of living clay dare come out to rush hard heads with him , & that my unkind mother , this harlot-Kirk , hath given her sweet half-marrow such a meeting ; for this land hath given up with Christ , & the Lord is cutting Scotland in two halves , and sending the worst half , the harlotsister , over to Rome's brothell-house , to get her fill of Egypt's love . I would my sufferings [ nay , suppose I were burnt quick to ashes ] might buy an agreement betwixt his fairest & sweetest love , & his gaddy lewd wife : Fain would I give Christ his welcome-home to Scotland again , if he would return . This is a black day , a day of clouds & darkness , for the roof-tree of my Lord Jesus his fair temple is fillen , and Christs back is towards Scotland . O thrice blessed are they who would hold Christ with their tears & prayers ! I know ye will help to deal with him , for he shall return again to this land ; the next day shall be Christ's , & there shall be a fair green young garden for Christ in this land , & God's summerdew shall lie on it all the night , & we shall sing again our new marriage-song to our Bridegroom , concerning his vineyard ; but who knoweth whether we shall live & see it ? I hear the Lord hath taken pains to afflict and dress you as a fruitfull vine for himself , grow & be green , & cast out your branches & bring forth fruit : fat and green & fruitfull may ye be in the true and sappy root . Grace , grace , free grace be your portion . Remember my bonds with prayers & praises . Aberd. 1637. Yours in his sweet L. Iesus , S. R. To NINIAN MURE . ( 55. ) Loving friend . I Received your letter : I intreat you now in the morning of your life , seek the Lord & his face : Beware of the follies of dangerous youth , a perilous time for your soul : Love not the world , keep faith & truth with all men in your covenants & bargains : Walk with God , for he seeth you : Doe nothing but that which ye may & would doe if your eye-strings were breaking , & your breath growing cold . Ye heard the truth of God from me , my dear heart ; follow it & forsake it not : prize Christ & salvation above all the world : To live after the guise & course of the rest of the world , will not bring you to heaven : Without faith in Christ & repentance , ye cannot see God : take pains for salvation : press forward toward the mark of the prize of the high calling : If ye watch not against evils , night & day which beset you , ye will come behinde : Beware of lying , swearing , uncleanness & the rest of the works of the flesh ; because for these things the wrath of God cometh upon the children of disobedience ; how sweet soever they may seem for the present , yet the end of these courses is the eternall wrath of God & utter darkness , where there is weeping & gnashing of teeth . Grace be with you . Aberd. 1637. Your Loving Pastor . S. R. To Mr THOMAS GARVEN . ( 56 ) Reverend & Dear Brother . GRace , mercy & peace be unto you : I am sorry that what joy & sorrow drew from my imprisoned pen in my love-fits , hath made you & many of God's children beleeve , that there is something in a broken reed the like of me , except that Christ's grace hath bought such a sold body , I know not what else any may think of me , or expect from me : my stock is less [ my Lord knoweth I speak truth ] then many beleeve : my empty sounds have promised too much : I would be glad to lie under Christ's feet , & keep & receive the off-fallings or the old pieces of any grace that fall from his sweet fingers to forlorn sinners : I lie often uncouth-like , looking in at the King's windowes : surely I am unworthy of a seat in the King's hall-floor : I but often look afar off , both feared and framed-like to that fairest face , fearing he bid me look away from him : my guiltiness riseth up upon me & I have no answer for it : I offered my tongue to Christ & my pains in his house , & what know I what it meaneth when Christ will not receive my poor propine : when love will not take , we expone , it will neither take nor give , borrow nor lend . Yet Christ hath another sea-compass he saileth by , then my short & raw thoughts : I leave his part of it to himself . I dare not expound his dealing as sorrow & misbelief often dictateth to me : I look often with bleared and blinde eyes to my Lords cross , & when I look to the wrong-side of his cross , I know I miss a step & slide : surely I see I have not legs of my own for carrying me to heaven , I must goe in at heavens gates borrowing strength from Christ. I am often thinking , Oh if he would but give me leave to love him , & if Christ would but open up his wares , & the infinite , infinite plyes & windings & corners of his soul-delighting-love , & let me see it back-side & fore-side , & give me leave but to stand beside it , like an hungry man beside meat , to get my fill of wondering as a preface to my fill of enjoying : but verily I think my foul eyes would defile his fair love to look to it : Either my hunger is over humble [ if that may be said ] or else I consider not what honour it is to get leave to love Christ. O that he would pity a prisoner , & let out a flood upon the dry ground ! it is nothing to him to fill the like of me , one of his looks would doe me meekle world's good & him no ill . I know I am not at a point yet with Christ's love , I am not yet fitted for so much as I would have of it ; my hope sitteth neighbour with meekle black hunger , & certainly I dow not but think , there is more of that love ordained for me , then I yet comprehend , & I know not the weight of the pension the King will give me ; I shall be glad , if my hungry bill get leave to lie beside Christ waiting on an answer : now I would be full & rejoyce , if I got a poor man's almes of that sweetest love : but I confidently beleeve there is a bal made for Christ & me , & that we shall take our fill of love in it : & I often think , when my joy is run out & at the lowest ebbe , that I would seek no more but my rights past the King 's great seal , & that these eyes of mine could see Christ's hand at the pen. If your Lord call you to suffering , be not dismayed ; there shall be a new allowance of the King for you when ye come to it : One of the softest pillowes Christ hath , is laid under his witnesses head , though often they must set down their bare feet among thorns . He hath brought my poor soul to desire & wish , O that my ashes & the powder I shall be dissolved into , had well tuned tongues to praise him . Thus in haste , desiring your prayers & praises , I recommend you to my sweet , sweet Master , my honourable Lord of whom I hold all . Grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus , S. R. To JEAN BROWN . ( 57. ) MISTRESS . GRace , mercy & peace be to you : I am glad that ye goe on at Christ's back in this dark & cloudy time : It were good to sell other things for him ; for when all these dayes are over , we shall finde it our advantage , that we have taken part with Christ. I confidently beleeve his enemies shall be his footstool , & that he shall make green flowers dead withered hay , when the honour & glory shall fall off them , like the bloom or flower of a green herb shaken with the wind . It were not wisdom for us to think that Christ & the Gospel will come & sit down at our fire side , nay , but we must goe out of our warm houses & seek Christ & his gospel : It is not the sunny side of Christ that we must look to , & we must not forsake him for want of that , but must set our face against what may befall us in following on till he & we be through the briers & bu●hes on the dry ground : Our soft nature would be born through the troubles of this miserable life in Christ's arms : & it is his wisdom who knoweth our mould , that his bairns goe wet-shod & cold-footed to heaven . O how sweet a thing were it for us , to learn to make our burdens light , by framing our hearts to the burthen and making our Lord's will a law ! I finde Christ & his cross not so ill to please , nor yet such troublesom guests as men call them : Nay , I think patience should make Christ's water good wine ; & this dross good mettall : & we have cause to wait on , for ere it be long , our Master will be at us , & bring this whole world out before the sun & the day-light in their black 's & white 's : Happy are they who are found watching : Our sand-glass is not so long as we need to weary ; time will eat away & root out our woes , & sorrow : our heaven is in the bud & growing up to an harvest ; why then should we not follow on seeing our span length of time will come to an inch : Therefore I commend Christ to you as your last living , & longest living husband , & the staff of your old age : let him have now the rest of your dayes ; & think not much of a storm upon the ship that Christ saileth in , there shall no passenger fall over board , but the craised ship & the sea-sick passenger shall come to land safe . I am in as sweet communion with Christ as a poor sinner can be , & am onely pained that he hath much beauty and fairness , and I little love , he great power & mercy & I little faith , he much light & I bliered eyes . Oh that I saw him in the sweetness of his love & in his marriage clothes , & were over head & ears in love with that princely one Christ Jesus my Lord ! Alas , my riven dish & running-out vessel can hold little of Christ Jesus . I have joy in this , that I would not refuse death before I put Christ's lawfull heritage in mens trysting , & what know I , if they would have pleased both Christ & me . Alas , that this land hath put Christ to open rooping , & to an any man more b●● Blessed are they who would hold the crown on his head , & buy Christ's honour with their own losses . I rejoyce to hear your son Iohn is coming to visit Christ & taste of his love : I hope he shall not lose his pains or rue of that choice . I had alwayes [ as I said often to you ] a great love to dear Mr Iohn Brown because I thought I saw Christ in him more then in his brethren , fain would I write to him to stand by my sweet Master , & I wish ye would let him read my letter , & the joy I have , if he will appeare for , & side with my Lord Jesus . Grace , grace , be with you . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus . S. R. To JEAN M c MILLAN . ( 58 ) Loving Sister . GRace , mercy & peace be to you : I cannot come to you to give you my counsel , & howbeit I would come I cannot stay with you ; but I beseech you keep Christ , for I did what I could to put you within grips of him ; I told you Christ's Testament & latterwill plainly , & I kept nothing back that my Lord gave me , & I gave Christ to you with good will : I pray you make him your own , & goe not from that truth I taught you in one hair breadth , that truth shall save you if ye follow it : salvation is not an easie thing & soon gotten ; I often told you few are saved , & many , many damned : I pray you make your poor soul sure of salvation , & make the seeking of heaven your daily task : if ye never had a sick night & a pained soul for sin , ye have not yet lighted upon Christ ; look to the right marks of having closed with Christ , if ye love him better then the world , & would quite all the world for him then that saith the work is sound . O if ye saw the beauty of Jesus & felt the smell of his love , ye would run through fire & water to be at him : God send you him . Pray for me , for I cannot forget you . Grace be with you . Aberd. 1637. Your loving Pastor , S. R. To the Lady Busbie . ( 59 ) MISTRESS . GRace , mercy & peace be to you . I am glad to hear that Christ & ye are one , & that ye have made him your one thing : Whereas many are painfully t●…iled in seeking many things & their many things are nothing . It 's onely best , ye set your self apart as a thing laid up & out of the gate for Christ alone , for ye are good for no other thing but Christ , & he hath been going about you these many years by afflictions , to engage you to himself , it were a pity & a loss to say him nay . Verily I could wish , that I could swim through hell & all the ill weather in the world & Christ in my arms ; but it is my evil & folly , that except Christ come unsent for , I dow not goe to seek , him : When he & I fall in reckoning , we are both behinde , he in payment , & I in counting , & so marches lie still unrid & counts uncleared betwixt us . O that he would take his own blood for counts & miscounts , that I might be a free man , & none had any claim to me , but onely , onely Jesus . I will think it no bondage to be rooped , comprised & possessed by Christ , as his bond-man . Think well of the visitations of your Lord : For I finde one thing I saw not well before , that when the saints are under trials & well humbled , little sins raise great cryes & war-shouts in the conscience ; & in prosperity conscience is a Pope to give dispensations , & let out & in , & give latitude , & elbow-room to our heart . O how little care we for pardon at Christ's hand , when we make dispensations ! And all is but bairns-play , till a cross without , beget an heavier cross within , & then we play no longer with our Idols : It is good still to be severe against ourselves , for we but transform God's mercy into an Idol , & an Idol that hath a dispensation to give for turning of the grace of God into wantonness . Happy are they who take up God , wrath , justice & sin , as they are in themselves : For we have miscarrying light that parteth with childe , when we have good resolutions : But God be thanked that Salvation is not rolled upon our wheels . O but Christ hath a saving eye ! Salvation is in his eye-lids : When he first looked on me , I was saved ; It cost him but a look to make hell quite of me : O merits , free merits , & the dear blood of God , was the best gate that ever we could have gotten of hell ! O what a sweet , O what a safe & sure way is it , to come out of hell leaning on a Saviour ! That Christ & a sinner should be one & have heaven betwixt them & be halvers of Salvation , is the wonder of Salvation : What more humble could love be ? & what an excellent smell doeth Christ cast on his lower garden , where there grow but wilde flowers , if we speak by way of comparison ; but there is nothing but perfect garden flowers in heaven , & the best plenishing that is there , is Christ : We are all obliged to love heaven for Christ's sake , he graceth heaven & all his father's house with his presence : He is a rose that beautifieth all the upper garden of God ; a leaf of that rose of God , for smell , is worth a world : O that he would blow his smell upon a withered & dead soul , let us then goe on to meet with him & to be filled with the sweetness of his love : Nothing will hold him from us ; he hath decreed to put time , sin , hell , devils , men & death out of the way , & to rid the rough way betwixt us & him , that we may enjoy one another . It 's strange & wonderfull that he would think long in heaven without us , & that he would have the company of sinners to solace & delight himself withall in heaven . & now the supper is abiding us : Christ the bridegroom with desire is waiting on till the bride , the Lamb's wife , be busked for the marriage , & the great hall be rid for the meeting of that joyfull couple . O fools , what doe we here ? & why sit we still ? Why sleep we in the prison ? Were it not best to make us wings to flee up to our blessed match , our marrow & our fellow-friend ? I think , Misterss , ye are looking there-away , & this is your second or third thought : make forward , your guide waiteth on you . I cannot but bless you for your care & kindness to the saints . God give you to finde mercy in that day of our Lord Jesus , to whose saving grace I recommend you . Aberd. 1637. Yours in our Lord Iesus : S. R. To WILLIAM RIGGE . Of Athernie . ( 60. ) Much honoured & worthy Sir. YOur letter full of complaints bemoaning your guiltiness hath humbled me ; but give me leave to say , ye seem to be too far upon the law's side , ye will not gain much to be the Law 's Advocat , I thought ye had not been the law 's but grace's man ; Nevertheless I am sure ye desire to take God's part against your self : what ever your guiltiness be , yet when it falleth into the sea of God's mercy , it is but like a drop of blood fallen in the great Ocean : There is nothing here to be done , but let Christ's doom light upon the old man , & let him bear his condemnation , seeing in Christ he was condemned ; for the Law hath but power over your worst half ; let the blame therefore lie where the blame should be & let the new man be sure to say , I am comely as the tents of Kedar , how beit I be black & sun-burnt by sitting neighbour beside a body of sin : I seek no more here but room for Grace's defence & Christ's white throne wherto a sinner condemned by the law may appeal : But the use that I make of ●t , is , I am sorry that I am not so tender & thin skin'd , though I am sure Christ may finde employment for his calling in me , if in any living , seeing from my youth upward I have been making up the blackest process that any minister in the world , or any other can answer to : & when I had done this , I painted a providence of my own , & wrote ease for my self & a peaceable ministery & the sun shining on me , till I should be in at heaven's gates : Such green & raw thoughts had I of God. I thought also of a sleeping Devil that would pass by the like of me , lying in moores & out-fields : So I bigged the gook's nest , & dreamed of dying at ease & living in a fools paradise ; but since I came hither I am often so , as that they would have much Rhetorick that would perswade me , that Christ hath not written wrath on my dumb & silent Sabbaths [ which is a persecution of the latest edition , being used against none in this land , that I can learn of besides me ] & often I lie under a non-entry , & would gladly sell all my joyes to be confirmed King Jesus's free tennent , & to have sealed assurances ; but I see often blank papers : & my greatest desires are these two . 1. That Christ would take me in hand to cure me , & undertake for a sick man , I know I should not die under his hand : & yet in this , while I still doubt , I beleeve through a cloud , that sorrow which hath no eyes ; hath but put a vail on Christ's love . 2. It pleaseth him often since I came hither , to come with some short blenks of his sweet love , & then because I have none to help me to praise his love , & can doe him no service in my own person , [ as I thought once I did in his temple ] then I die with wishes & desires , to take up house & dwell at the well-side & to have him praised & set on high : But alas , what can the like of me doe to get a good name raised upon my welbeloved Lord Jesus , suppose I could desire to be suspended for ever of my part of heaven for his glory ? I am sure , If I could get my will of Christ's love , & could be once over head & ears in the beleeved , apprehended , & seen love of the Son of God , it were the fulfilling of the desires of the onely happiness I would be at ; but the truth is , I hinder my communion with him , because of want of both faith & repentance , & because I will make an idol of Christ's kisses : I will neither lead nor drive , except I see Christ's love run in my channel & when I wait and look for him the upper way , I see his wisdom is pleased to play me a slip & come the lower way ; so that I have not the right art of guiding Christ : for there is art & wisdom required in guiding of Christ's love aright , when we have gotten it . O how far are his wayes above mine ! O how little of him doe I see ! & when I am as dry as a burnt heath in a drouthy summer , & when my root is withered , howbeit I think then that I would drink a sea-full of Christ ere ever I would let the cup goe from my head ; yet I get nothing but delayes , as if he would make hunger my daily food : I think my self also hungered of hunger ; The rich Lord Jesus satisfie a famished man. Grace be with you . Aberd. 10. Sept. 1637. Your own in his sweet Lord Iesus , S. R. To his worthy & much honoured friend FULK ELIES . ( 61 ) Worthy & much honoured in our Lord GRace , mercy & peace be to you : I am glad of our more then paper-acquaintance : Seeing we have one father , it reckoneth the less though we never saw one anothers faces . I profess my self most unworthy to follow the camp of such a worthy & renowned captain , as Christ. Oh alas , I have cause to be grieved , that men expect any thing of such a wretched man as I am : It is a wonder to me , if Christ can make any thing of my naughtie , short & narrow love to him ; surely it is not worth the up-taking . 2. As for our lovely and beloved Church in Ireland , my heart bleedeth for her desolation ; but I beleeve our Lord is onely lopping the vine-trees , but not intending to cut them down or root them out . It is true , seeing we are heart-Atheists by nature , & cannot take providence aright , [ because we halt & crook ever since we fell ] we dream of an halting providence , as if God's yard whereby he measureth joy & sorrow to the sons of men , were crooked & unjust , because servants are on horse-back & Princes goe on foot ; but our Lord dealeth good & evil & some one portion or other to both , by ounce-weights ; & measureth them in a just and even ballance . It is but folly to measure the Gospel by summer or winter-weather : The summer-sun of the saints , shineth not on them in this life : how should we have complained if the Lord had turned the same providence , that we now stomacke at , up-side down , & had ordered matters thus , that first the saints should have enjoyed heaven , glory , & ease , & then Methusalem's dayes of sorrow & daily miseries ; we should think a short heaven no heaven : certainly his wayes pass finding out . 3. Ye complain of the evil of heart-atheism , but it is to a greater atheist then any man can be , that ye write to of that : Oh , light findeth not that reverence & fear as a plant of God's setting should finde in our soul ! How doe we by nature , as others , detain & captivat the truth of God in unrighteousness , & so make God's light a bound prisoner , & even when the prisoner breaketh the jayle & cometh out in belief of a Godhead , & in some practice of holy obedience ; how often doe we of new , lay h●nds on the prisoner and put our light again in fetters : Certainly there cometh great mist & clouds from the lower part of our soul , our earthly affections , to the higher part , which is our conscience , either naturall or renewed , as smoke in a lower house breaketh up & defileth the house above : If we had more practice of obedience , we should have more sound light . I think , lay aside all other guiltiness , this one , the violence done to God's candle in our soul , were a sufficient dittay against us ; for there is no helping of this , but by striving to stand in aw of God's light ; lest light tell tales of us we de●re little to hear : but since it is not without God that light sitteth neighbour to will [ a lawless Lord ] no marvel that such a neighbour should l●aven our Judgement & darken our light . I see there is a necessity that we protest against the doings of the old man , & raise up a party against our worst half to accuse , condemn , sentence , & with sorrow bemoan the dominion of sin's Kingdom & withall , make Law in the new Covenant against our guiltness ; for Christ once condemned sin in the flesh & we are to condemn it over again : & if there had not been such a thing as the grace of Jesus , I should have long since given up with heaven & with the expectation to see God : But grace , grace , free grace , the merits of Christ for nothing , white & fair & large Saviour-mercy [ which is another sort of thing then creature-mercy , or law-mercy ; yea a thousand degrees above Angel-mercy ] hath been and must be the rock , that we drowned souls must swim to : New washing , renewed application of purchased redemption by that sacred blood , that sealeth the free Covenant is a thing of daily and hourly use to a poor sinner : Till we be in heaven our issue of blood will not be quite dryed up , & therefore we must resolve to apply peace to our soul from the new & living way , & Jesus who cleanseth & cureth the leprous●●oul , lovely Jesus , must be our song on this side of heavens gates : & even when we have won the castle , then must we eternally sing , Worthy , worthy is the Lamb , who hath saved us & washed us in his own blood . I would counsel all the ransomed ones to learn this song , & to drink & be drunk with the love of Jesus . O fairest , O highest , O loveliest one , open the well ! O water the burnt & withered travellers with this love of thine ! I think it 's possible on earth to build a young new Jerusalem , a little new heaven of this surpassing love . God either send m● more of this love , or take me quickly over the water , where I may be filled with his love : My softness cannot take with want ; I profess I bear not hunger of Christ's love fair : I know not if I play foul play with Christ , but I would have a link of that chain of his providence mended in pining & delaying the hungry on-waiters : For my self I could wish that Christ would let out upon me more of that love : Yet to say Christ is a niggard to me , I dare not ; & if I say , I have abundance of his love I should lye : I am half straitned to complain & cry , Lord Iesus hold thy hand no longer . Worthy Sir , let me have your prayers in my bonds . Grace be with you . Aberd. 7 Septr , 1637. Yours in his sweet Lord. Iesus , S. R. To JAMES LINDSAY . ( 62. ) Dear Brother . THe constant & daily observing of God's going alongst with you , in his coming , going , ebbing , flowing , embracing & kissing , glooming & striking giveth me [ a witless & lazie observer of the Lord's way & working ] an heavie stroke : could I keep sight of him , & know when I want , & carry as became me in that condition , I would blesse my case . But. 1. For desertions , I think them like lying-lay of lean & weak land , for some yeers , while it gather sap for a better crope : It is possible to gather gold where it may be had with moon light . Oh if I could but creep one foot , or half a foot neerer in to Jesus in such a dismal night as that , when he is away : I should think it an happy absence . 2. If I knew the beloved were onely gone away for triall , & for further humiliation , & not smoked out of the house with new provocations , I would forgive desertions , & hold my peace at his absence , but Christ's bought absence [ that I bought with my sin ] is two running boils at once , one upon either side , & what side then can I lie on ? 3. I know as night & shaddows are good for flowers , & moonlight , & dews are better then a continuall sun ; so is Christ's absence of speciall use , & it hath some nourishing vertue in it , & giveth sap to humility , & putteth an edge on hunger , & furnisheth a fair field to faith to put forth it self , & to exercise it's fingers in gripping , it seeth not what . 4. It is mercy's wonder , & grace's wonder , that Christ will lend a piece of the lodging , & a back-chamber beside himself to our lusts , & that he & such swine should keep house together in our soul : For suppose they couch & contract themselves into little room , when Christ cometh in , & seem to lie as dead under his feet ; yet they often break out again : And that a foot of the old man , or a leg or arm nailed to Christ's cross looseth the naile or breaketh out again ; & yet Christ beside this unruly & misnurtured neighbour can still be making heaven in the saints one way or other , may not I say , Lord Iesus , what doest thou here ? Yet here he must be ; but I will but lose my feet to goe on into this depth & wonder , for free mercy & infinite merits took a lodging to Christ & us beside such a loath some guest as sin . 5. Sanctification & mortification of our lusts , are the hardest part of Christianity : It is in a manner as naturall to us to leap when we see the new Jerusalem , as to laugh when we are tickled , joy is not under command , or at our nod when Christ kisseth : but O how many of us would have Christ divided in two halves , that we might take the half of him onely & take his office Iesus & salvation , but Lord is a cumbersome word , & to obey & work out our own salvation & to perfect holyness , is the cumbersome & stormy north-side of Christ , & that we eshew & shift . 6. For your question , the accesse that reprobats have to Christ [ which is none at all , for to the Father in Christ neither can they , nor will they come , because Christ dyed not for them ; & yet by law , God & justice overtaketh them ] I say , First , there are with you more worthy & learned then I am Mrs Dickson , Blair , & Hamilton who can more fully satisfie you ; but I shall speak in brief what I think of it in these assertions . 1. All God's justice toward man & Angels floweth from an act of the absolut soveraign free-will of God , who is our former & potter , & we are but clay ; for if he had forbidden to eat of the rest of the trees of the Garden of Eden , & commanded Adam to eat of the tree of knowledge of good & evil , that command no doubt had been as just as this , Eat of all the trees , but not at all of the tree of knowledge of good & evil : The reason is , because his will is before his justice by order of nature , & what is his will , is his justice , & he willeth not things without himself because they are just : God cannot , God needeth not to hunt sanctity , holyness or righteousness from things without himself , & so not from the actions of men or Angels ; because his will is essentially holy and just , & the prime rule of holyness & justice : as the fire is naturally light , and inclineth upward & the earth heavie , & inclineth downward . The 2 assertion then is , that God saith to reprobats beleeve in Christ [ who hath not dyed for your salvation ] & ye shall be saved , is just & right , because his eternall & essentially just will , hath so enacted & decreed : Suppose naturall reason speak against this , this is the deep & speciall mystery of the Gospel . God hath obliged hard and fast all the reprobats in the visible Church to beleeve his promise , he that beleeveth shall be saved , & yet in God's decree and secret intention , there is no salvation at all decreed and intended to reprobats ; and yet the obligation of God being from his Soveraign free-will , is most just , as said is in the first assertion . 3. Assertion : The righteous Lord hath right over the reprobats & all reasonable creatures that violat his commandements , this is easie . 4. Assertion : the faith that God seeketh of reprobats , is , That they rely upon Christ as despairing of their own righteousness , leaning wholly , & withall humbly , as weary & leaden , upon Christ , as on the resting stone laid in Sion ; but he seeketh not that without being weary of their sin they rely on Christ , mankind's Saviour ; for to rely on Christ & not to weary of sin , is presumption , not faith : faith is ever neighbour to a contrite spirit , & it 's impossible that faith can be where there is not a casten down & contrite heart in some measure for sin : Now it is certain God commandeth no man to presume . 5. Assertion : then Reprobats are not absolutly obliged to beleeve , that Christ dyed for them in particular ; for in truth neither reprobats nor others are obliged to beleeve a lye , onely they are obliged to beleeve , Christ dyed for them , if they be first weary , burdened , sin-sick & condemned in their own consciences , & striken dead & killed with the law's sentence , & have indeed embraced him as offered , which is a second & subsequent act of faith , following after a coming to him , & closing with him . 6. Assertion : Reprobatsare not formally guilty of comtempt of God , & misbelief because they apply not Christ and the promises of the Gospel to themselves in particular , for so they should be guilty because they beleeve not a lye , which God never obliged them to beleeve . 7. Assertion : justice hath a right to punish reprobats , because out of pride of heart , confiding in their own righteousness , they rely not upon Christ , as a Saviour of all them that come to him : This , God may justly oblige them unto ; Because in Adam they had perfect ability to doe , and men are guilty because they love their own inability & rest upon themselves , & refuse to deny their own righteousness , & to take them to Christ , in whom there is righteousness for wearied sinners . 8. Assertion : It is one thing to rely , lean , & rest upon Christ in humility & weariness of spirit , & denying our own righteousness beleeving him to be the onely righteousness of wearied sinners , & it is another thing to beleeve Christ dyed for me , Iohn , Thomas , Anna , upon an intention & decree to save us by name . For 1. the first goeth first , the latter is alway after in due order 2. The first is faith , the second is a fruit of faith . 3. The first obligeth reprobats & all men in the visible Kirk , the latter obligeth onely the weary & leaden , & so onely the elect & effectually called of God. 9. Assertion : It is a vain order , I know not if Christ dyed for me , Iohn , Thomas , Anna by name ; & therefore I dare not rely on him ? The reason is , because It is not faith , to beleeve God's intention & decree of election at the first , ere ye be wearied : look first to your own intention & soul , if ye finde sin a burden , and can , and doe rest , under that burden upon Christ ; if this be once , now come & beleeve in particular or rather apply by sense [ for in my judgement it is a fruit of belief , not belief ] & feeling the goodwill , intention , and gracious purpose of God anent your salvation : Hence because there is malice in reprobats and contempt of Christ , guilty they are ; and justice hath law against them : And which is the mystery , they cannot come up to Christ because he dyed not for them ; but their sin is , that they love this their inability to come to Christ , and he who loveth his chains , deserveth chains : And thus in short remember my bonds . Aberd. Sept , 7. 1637. Yours in his sweet Lord Iesus . S. R. To the Earle of Cassills . ( 63 ) My very honourable & Noble Lord. GRace , mercy & peace be to your Lo : pardon me to expresse my earnest desire to your Lo : for Zions sake , for whom we should not hold our peace . I know your Lo : will take my pleading on this behalf in the better part , because the necessity of a falling & weak church is urgent . I beleeve your Lo : is one of Zion's friends , & that by obligation ; for when the Lord shall count & write up the people , it shall be written this man was born there : Therefore because your Lo : is a born son of the house , I hope your desire is , that the beauty & glory of the Lord may dwell in the midst of the city , whereof your Lo : is a son . It must be without all doubt the greatest honour of your place & house , to kiss the son of God , & for his sake to be kind to his oppressed & wronged bride , who now in the day of her desolation beggeth help of you that are the shields of the earth : I am sure ma●y Kings , Princes & Nobles in the day of Christ's second coming , would be glad to run errands for Christ , even bare footed thorow fire & water ; but in that day he will have none of their service : Now he is asking if your Lo : will help him against the mighty of the earth , when men are setting their shoulders to Christ's fair & beautifull tent in this land , to loose it's stakes & to break it down , & certainly such as are not with Christ are against him : & blessed shall your Lo : be of the Lord , blessed shall your house & seed be , & blessed shall your Honour be , if ye empawnd & lay in Christ's hand the Earledom of Cassills [ & it is but a shaddow in comparison of the city made without hands ] and lay it even at the stake , rather then Christ & born-down truth want a witness of you , against the apostasie of this land . Ye hold your lands of Christ , your charters are under his seal , & he who hath many crownes on his head , dealeth , cutteth , & carveth pieces of this clay-heritage to men at his pleasure . It is little your Lo : hath to give him , he will not sleep long in your common , but shall surely pay home your losses for his cause . It is but our bliered eyes that look thorow a false glass to this idol-god of clay & think some thing of it : They who are past with their last sentence to heaven or hell , and have made their reckoning & departed out of this smoky inne , have now no other conceit of this world , but as a piece of beguiling , wel-lustred clay : & how fast doeth time [ like a flood still in motion ] carry your Lo : out of it ? & is not eternity coming with wings ? Court goeth not in heaven as it doeth here . Our Lord , [ who hath all you the Nobles lying in the shell of his ballance ] esteemeth you , accordingly as ye are the bridegroom's friends or foes . Your Honourable Ancestors with the hazard of their lives brought Christ to our hands , & it shall be cruelty to the posterity if ye lose him to them . One of our tribes , Levi's Sons , the watchmen , are fallen from the Lord , & have sold their mother , & their father also , and the Lord's truth , for their new velvet-world , and there satin-church . If ye the Nobles play Christ a slip , now when his back is at the wall [ if I may so speak ] then may we say that the Lord hath casten water upon Scotland's smoking coal : But we hope better things of you . It is no wisdom ; however it be the State-wisdom now in request , to be silent , when they are casting lots for a better thing then Christ's coat . All this land , & every man's part of the play for Christ , & the tears of poor & friendless Zion [ now going doollike in sackcloth ] are up in heaven before our Lord , & there is no question but our king & Lord shall be master of the fields at length , & we would all be glad to divide the spoile with Christ , & to ride in triumph with him ; but Oh how few will take a cold bed of straw in the camp with him ! How fain would men have a wel-thatched house above their heads , all the way to heaven ? And many now would goe to heaven the land way [ for they love not to be sea-sick ] riding up to Christ upon foot-mantles , & ratling coaches , & rubbing their velvet with the Princes of the Land , in the highest seats . If this be the way Christ called strait & narrow . I quite all skill of the way to salvation . Are they not now rooping Christ & the Gospel ? Have they not put our Lord Jesu to the market & he who outbideth his fellow , shall get him ? O my Dear & Noble Lord , goe on [ howbeit the wind be in your face ] to back our princely Captain , be couragious for him : fear not these who have no subscribed lease of dayes , the worms shall eat kings , let the Lord Jehovah be your fear : And then , as the Lord liveth the victory is yours . It is true many are striking up a new way to heaven , but my soul for theirs , if they finde it , & if this be not the onely way whose end is Christ's father's house : And my weak experience since the day I was first in bonds hath confirmed me in the truth & assurance of this : Let doctors & learned men cry the contrair , I am perswaded this is the way : the bottom hath fallen out of both their wit & conscience at once , their book hath beguiled them , for we have fallen upon the true Christ. I dare hazard , if I alone had ten souls , my salvation upon this stone that many now break their bones upon . Let them take this fat world , Oh poor and hungry is their paradise ! Therefore let me entreat your Lo : By your compearance before Christ , now while this piece of the afternoon of your day is before you , [ for ye know not when your sun will turn , & eternity shall benight you ] let your glory , honour & might worldly , be , for our Lord Jesus : And to his rich grace , & tender mercy , and to the never-dying comforts of his gracious Spirit I recommend your Lo : And Noble house . Aberd. Sept. 9. 1637. Your Lo : at all obedience . S , R. To the Lady Largirie . ( 64 ) MISTRESS . GRace , Mercy & Peace be to you . I hope ye know what conditions past betwixt Christ & you at your first meeting : Ye remember he said , your summer dayes would have clouds and your rose a prickly thorn bende it : Christ is unmixt in heaven , all sweetness and honey , here we have him with his thorny and rough cross ; yet I know no tree beareth sweeter fruit then Christ's cross , except I would raise a lving report on it : It is your part to take Christ as he is to be had in this life : Sufferings are like a wood planted round about his house , over door and window : If we could hold fast our grips of him ; the field were won : Yet a little while and Christ shall triumph : Give Christ his own short time to spin , out these two long threeds of heaven and hell to all mankind , for certainly the threed will not break ; and when he hath accomplished his work in mount Zion and hath refined his silver , he will bring new vessels out of the furnace , and plenish his house and take up house again . I counsel you to free your self of clogging temptations , by overcoming some , & contemning others ; and watching over all : abide true and loyal to Christ , for few now are fast to him : they give Christ blank paper for a bond of service and attendance , now when Christ hath most adoe : to waste a little blood with Christ , and to put out part of this drossie world in pawne over in his hand , as willing to quite it for him , is the safest cabinet to keep the world in : But these who would take the world & all their flitring on their back & run away from Christ , they will fall by the way & leave their burden behinde them , & be taken captive themselves . Well were my soul to put all I have ; life & soul , over in Christ's hands ; let him be forth-coming for all . If any ask , how I doe ? I answer , none can be but well that are in Christ : And if I were not so , my sufferings had melted me away in ashes and smoke ; I thank my Lord that he hath something in me that this fire cannot consume . Remember my love to your husband & show him from me , I desire that he may set aside all things & make sure work of salvation , that it be not a seeking when the sand-glass is run out , & time & eternity shall tryst together : There is no errand so wieghty as this : O that he would take it to heart . Grace be with you . Aberd. Yours in Christ Iesus his Lord. S. R. To the Lady DUNGUEIGH . ( 65 ) MISTRESS . I Long to hear from you , & how ye goe on with Christ : I am sure that Christ & ye once met : I pray you fasten your grips ; there is holding & drawing & much sea-way to heaven , & we are often sea-sick ; but the voyage is so needfull , that we must on any termes take shipping with Christ. I beleeve it is a good countrey we are going to , & there is ill lodging in this smoaky house of the world , in which we are yet living . Oh that we should love smoke so well & clay , that holdeth our feet fast ! It were our happiness to follow on after Christ , & to anchor our selves upon the rock in the upper side of the vail . Christ & Satan are now drawing to parties , & they are blinde who see not Scotland divided in two camps , & Christ coming out with his white banner of love , & he hangeth that over the heads of his souldiers : And the other Captain , the Dragon , is coming out with a great black flag , & crieth , the world , the world , case , honour , & a whole skin , and a soft couch , & there lie they , & leave Christ to fend for himself : My counsel is that ye come out & leave the multitude & let Christ have your company : Let them take clay & this present world who love it : Christ is a more worthy & noble portion : Blessed are these who get him : It is good ere the storm rise to make ready all , & to be prepared to goe to the camp with Christ , seeing he will not keep the house , nor sit at the fire-side with couchers : A showr for Christ is little enough Oh I finde all too little for him ! Woe , woe , woe 's me , that I have no propine for my Lord Jesus : My love is so feckless that it is a shame too offer it to him . Oh if it were as broad as heaven , as deep as the sea , I would gladly bestow it upon him ! I pers●ade you God is wringing grapes of red wine for Scotland , & this land shall drink & spue & fall : His enemies shall drink the thick of it & the grounds of it : But Scotland's withered tree shall blossom again , & Christ shall make a second marriage with her , & take home his wife out of the furnace ; but if our eyes shall see it , he knoweth who hath created time . Grace be with you . Aberd. 1637. Yours in his sweet Lord , Iesus . S. R. To JONET MCCULLOCH . ( 66 ) Loving Sister . GRace , mercy , & peace be to you : Hold on your course , for it may be , I will not soon see you : venture through the thick of all things after Christ , & tine not your Master Christ in the throng of this great market . Let Christ know how heavy & how many a stone weight you & your cares , burdens , crosses , & sins are ; let him bear all : Make the heritage sure to your self , get charters & writs pass●d & through , & put on arms for the battel , & keep you fast by Christ , & then let the wind blow out of what airth it will , your soul will not blow in the sea . I finde Christ the most steadable friend and companion in the world to me now : the need & usefulness of Christ i seen best in trials . Oh if hebe not well worthy of his room ! Lodge him in house & heart ; & stir up your husband to seek the Lord : I wonder he hath never written to me : I doe not forget him . I taught you the whole counsel of God & delivered it to you , it will be inquired for , at your hands , have it in readiness against the time that the Lord ask for it : make you to meet the Lord ; & rest & sleep in the love of that fairest among the sons of men : Desire Christ's beauty : give out all your love to him & let none fall by : Learn in prayer to speak to him : help your mother's soul , & desire her from me to seek the Lord & his salvation , it 's not soon found , many miss it . Grace be with you . Aberd. 1637. Your Loving Pastor . S. R. To my Lord CRAIGHALL . ( 67 ) My Lord. I cannot expound your Lo : contrary tides and these tentations wherewith ye are assaulted to be any other thing but Christ trying you , & saying unto you & will ye also leave me . I am sure Christ hath a great advantage against you , if ye play foul play to him , in that the holy Spirit hath done his part , in evidencing to your conscience , that this is the way of Christ wherein ye shall have peace , & the other , as sure as God liveth , the Antichrist's way : Therefore as ye fear God , fear your light & stand in aw of a convincing conscience : it is far better for your Lo : to keep your conscience , & to hazard in such a honourable cause , your place ; then wilfully & against your light to come under guiltiness : Kings cannot heal broken consciences ; & when death & judgement shall comprize your soul , your counsellers & others cannot become caution to Justice for you . Ere it be long our Lord will put a finall determination to Acts of Parliament & mens laws , & will clear you before men & Angels of mens unjust sentences . Ye received honour , & place , & Authority , & riches & reputation from your Lord , to set forward & advance the liberties & freedom of Christ's Kingdom : Men whose consciences are made of stoutness , think little of such matters , which notwithstanding incroach directly upon Christ's prerogative royal . So would men think it a light matter for VZZah to put out his hand to hold the Lord 's falling ark , but it cost him his life . And who doubteth but a carnal friend will advise you to shut your window & pray beneath your breath : Ye make too great a d●● with your prayers , so would a head-of-wit speak , if ye were in Daniel's place : But mens overguilded reasons will not help you when your conscience is like to rive with a double charge . Alas , alas , when will this world learn to submit their wisdom to the wisdom of God. I am sure your Lo : hath found the truth ; goe not then to search it over again ; for it is ordinary for men to make doubts , when they have a minde to desert the truth . Kings are not their own men , their wayes are in God's hand . I rejoyce & am glad that ye resolve to walk with Christ , howbeit his court be thin . Grace be with your Lo : Aberd. Sept. 7. 1637. Your Lo : in his sweet Master and Lord Iesus , S. R. To WILLIAM RIGGE . of Atherny . ( 68 ) Worthy & much honoured Sir. GRace , mercy & peace be to you : How sad a prisoner would I be , if I knew not that my Lord Jesus had the keys of the prison himself , & that his death & blood hath bought a blessing to our crosses aswell as to our selves . I am sure , troubles have no prevailing right over us , if they be but our Lord's Serjeants to keep us in ward while we are in this side of heaven : I am perswaded also , that they shall not goe over the bound-road , nor enter in to heaven with us ; for they finde no welcome there , where there is no more death , neither sorrow nor crying , neither any more pain : & therefore we shall leave them behinde us . Oh if I could get as good a gate of sin , even this wofull & wretched body of sin , as I get of Christ's cross ! Nay indeed I think the cross beared b●th me & it self , rather then I it , in comparison of the tyranny of the lawless flesh & wicked nighbour that dwelleth beside Christ's new creature : But Oh , this is that which presseth me down , & pai●eth me : Jesus Christ in his saints sitteth neighbour with an ill second , corruption , deadness , coldness , pride , lust , worldliness , self-love , security , falshood , & a world of ●o● the like , which I finde in me , that are daily doing violence to the new man. O but we have cause to carry low sails , & to cleave fast to free grace , free , free grace ! Blessed be our Lord that ever that way was found out : If my one foot were in heaven & my soul half in , if free-will & corruption were absolute Lords of me , I should never win wholly in . O but the sweet , new & living way that Christ hath stroke up to our home , be a safe way ! I finde now presence & acc●ss a greater dainty then b●fore , but yet the bridegroom looketh through the lattes & thorow the hole of the door . O if he & I were in fair dry land together in the other side of the water . Grace be with you . Aberd. Sept. 30. 1637 Yours in his sweet Lord Iesus , S R. To the Lady KILCONQUHAIR . ( 69 ) MISTRESS . GRace , mercy & peace be to you : I received your letter : I am heartily content ye love & own this opp●essed and wronged cause of Christ , & that now wh●n so many are miscarried , ye are in any measure taken with the love of Jesu● : weary not , but come in & see if there be not more in Christ then the tongue of men & Angels can express : If ye seek a gate to heaven , the way is in him , or , he is it : What ye want is treasured up in Jesus , & he saith , all his are yours , even his Kingdom , he is content to divide it betwixt him & you , yea his throne & his glory , Luk. 21. 29. Ioh. 17. 24. Rov . 3. 21. & Therefore take pains to climb up to that bes●eged house to Christ : for devils , men & armies of temptations are lying about the house to hold out all that are out ; & it is taken with violence : It is not a smooth & easie way , neit●er will your weather be fair & pleasant ; but whosoever saw the invisible God & the fair city , make no reckoning of loss●s or crosses : in ye must be , cost you what it will ; stand not for a price & for all that ye have , to win the castle ; the rights to it are won to you , & it is disponed to you in your Lord Jesus's testament , & see what a fair legacy your dying friend Christ hath left you : And there wanteth nothing but possession . Then get up in the strength of the Lord ; get over the water to poss●ss that good land : It is better then a land of olives & wine-trees , for the tree of life that beareth twelve manner of fruits every moneth is there before you , & a pure river of life , clear as crystal , proceeding out of the throne of God and of the Lamb , is there . Your time is short , therefore lose no time : Gracious & faithfull is he who hath called you to his Kingdom & glory . The city is yours by free conquest & by promise , & therefore let no uncouth Lord-idol put you from your own . The devil hath cheated the simple heir of his Paradise , & by enticing us to taste of the forbidden fruit , hath , as it were , bought us out of our kindly heritage : But our Lord , Christ Jesus , hath done more then bought the devil by , for he hath redeemed the wodset & made the poor heir free to the inheritāce . If we knew the glory of our elder brother in heaven , we would long to be there to see him , & to get our fill of heaven : We children think the earth a fair garden , but it is but God's out-field & wilde , cold , barren ground : All things are fading that are here : It is our happiness to make sure Christ to our selves . Thus remembring my love to your husband & wi●king to him what I write to you , I commit you to God's tender mercy . Aberd. Sepr . 13. 1637. Yours in his sweet Lord Iesus . S. R. To the Lady CRAIGHALL . ( 70 ) Honourable and Christian Lady . GRace , mercy & peace be to you : I cannot but write to your La : of the sweet & glorious termes I am in with the most joyful King that ever was , under this well thrifing & prosperous cross : it is my Lord's salvation wrought by his own right hand , that the water doeth not suffocat the breath of ●●pe & joyfull courage in the Lo●d Jesus : For his own person is still in the camp with his poor souldier . I see , the cross is tied with Christ's hand to the end of an honest profession : We are but fools to endeavour to loose Christ's knot . When I consider the comforts of God , I durst not consent to sell or wod-set my short life-rent of the cross of the Lord Jesus . I know that Christ bought with his own blood a right to sanctified & blessed crosses , in as far , as they blow me over the water to my long desired home : & it were not good that Christ should be the buyer & I the seller . I know time & death shall take sufferings fairly off my hand : I hope we shall have an honest parting at night , when this piece cold & frosty afternoon-tide of my evil & rough day , shall be over : Well is my soul of either sweet or sowre that Christ hath any part or portion in : if he be at the one end of it , it hall be well with me . I shall die ere I libell faults against Christ's cross ; it hall have my testimonial under my hand , as an honest & saving mean of Christ for mortification & faith's growth . I have a stronger assurance since I came over Forth , of the excellency of Jesus then I had before . I am rather about him then in him , while I am absent from him in this house of clay : But I would be in heaven for no other cause , but to essay & try , what boundies joy it must be , to be over head & ears in my welbeloved Christ's love . O that fair one hath my heart for evermore ! but alas , it is over little for him ! O if it were better & more worthy for his sake ! O if I might meet with him face to face in this side of eternity , & might have leave to plead with him that I am so hungred & famished here , with the niggardly portion of his love that he giveth me ! O that I might be carver & steward my sel● at mine own will of Christ's love ! [ if I may lawfully wish this ] then would I enlarge my vessel [ alas , a narrow & ebbe soul ] & take in a sea of i ▪ love . My hunger for it is hungry & lean in beleeving that ever I shall be satisfied with that love , so fain would I have , what I know I cannot hold . O Lord Jesus , delightest thou , delightest thou to pine & torment poor souls with the want of thy incomparable loved . O if I durst call thy dispensation cruell ! I know thou thy self a●t mercy without either brim or bottom ; I know tho● art a God bankfull of mercy & love , but Oh alas , little of it cometh my way : I die to look a far off to that love , because I can get but little of it : But hope saith , this providence shall ere long look more favourably upon poor bodies , & me also . Grace be with your La : Spirit . Aberd. Sept. 10. 1637. Yours La : in his sweet Lord Iesus . S. R. To Mr JAMES HAMILTON . ( 71 ) Reverend & dear Brother . PEace be to you from God our father and from our Lord Jesus : I am laid low when I remember what I am , and that my out-side casteth such a lustre when I finde so little within . It is a wonder that Christ's glory is not defiled in running through such an unclean & impure channel : But I see Christ will be Christ in the dreg and refuse of men : his art , his shining wisdom , his beauty speaketh loudest in blackness , weakness , deadness , yea in nothing . I see , nothing , no money , no worth no good , no life , no deserving is the ground that omnipotency delighteth to draw glory out of . O how sweet is the inner side of the walls of Christ's house , and a room beside himself ! my distance from him maketh me sad . O that we were in others arms ! O that the middle things betwixt us were removed ! I finde it a difficult matter to keep all stots with Christ : when he laugheth I scarce beleeve it , I would so fain have it true . But I am like a low man looking up to a high mountain , whom weariness and fainting overcometh . I would climb up , but I finde that I doe not advance in my journey as I would wish : Yet I trust he shall take me home against night . I marvel not that Antichrist in his slaves is so busie , but our crowned King seeth and beholdeth , and will arise for Zion's safety . I am exceedingly distracted with letters and company that vilite me ; what I can doe , or time will permit , I shall not omit : Excuse my brevity , for I am straitned . Remember the Lord's prisoner : I desire to be mindfull of you . Grace , grace be with you . Aberd. Sept. 7. 1637. Yours in his sweet Lord Iesus . S. R. To Mr GEORGE DUMBAR . ( 72 ) Reverend & Dearly beloved in the Lord. GRace , mercy & peace be to you : Because your words have strengthened many , I was silent expecting some lines from you in my bonds , & this is the cause why I wrote not to you : but now I am forced to break off and speak . I never beleeved till now , that there was so much to be found in Christ in this side of death and of heaven . O the ravishments of heavenly joy that may be had here , in the small gleanings of comforts that fall from Christ ! what fools are we who know not and consider not the weight and the telling that is in the very earnest-penny & the first fruits of our hoped for harvest ! How sweet , how sweet is our infeftment ? O what then must personal possession be ? I finde that my Lord Jesus hath not miscooked or spilt this sweet cross , he hath an eye on the fire and the melting gold , to separate the mettall and the dross . O how much time would it take me , to read my obligations to Jesus my Lord , who will neither have the faith of his own to be burnt to ashes ; nor yet will have a poor beleever in the fire to be half raw , like Ephraim's unturned cake● this is the wisdom of him who hath his fi●el● Zion and his fur●ace in Jerusa●em . I need not either bud or flatter temptations , cr●sses , nor strive to buy the Devil or this malicious world by , or r●deem their kindness with half a han-breadth of truth : He who is sur●ty for his servant for good doeth power fully over-rule all that . I s●e my prison hath neither lock nor door ; I am free in my bonds , and my chains are made of rotten straw , they shall not bide one pull of faith . I am sure they are in hell who would exchange their torments with our crosses , suppose they should nev●r be delivered , & give twenty thousand years torment to boot , to be in our bonds for ever : & therefore we wrong Christ who si●…h & fear & doubt & despond in them . Our suff●●ings are washen in Christ's blood as well as our souls ; for Christ's merits bought a blessing to the crosses of the sons of God ; and Jesus hath a back-bond of all our temptations , that the free warders shall come out by law and justice , in respect of the infinite and great summe that the Redeemer paid . Our troubles ow us a free passage through them : devils and men and crosses are our debters , and death and all storms are our debters , to blow our poor tossed bark over the water fraught-fr●e , & to set the travellers in their own known ground : Therefore we shall die & yet live : we are over the water [ some way ] already ; we are married , & our tocher-good is payed ; we are already more then conquerours : If the devil and the world knew how the court with our Lord shall goe , I am sure they would hire death to take us off their hand ; our sufferings are the onely w●ack & ruine of the black Kingdom : and yet a little & the Antichrist must play himself with the bones & slain bodies of the Lamb's followers ; but withall we stand with the hundred fourty & four thousand who are with the Lamb upon the top of ●ount Sion : Antichrist & his followers are down in the valley ground , we have the advantage of the hill : our temptation are alwayes beneath , our waters are beneath our breath ; as dying and behold we live : I never heard before of a living death , or a quick death , but ours : our death i● not like the common death ; Christ's skill , his handy work & a new cast of Christ's admirable art may be seen in our quick death . I bless the Lord that all our troubles come through Christ's singers , & that he casteth sugar among them , and casteth in , some ounce weights of heaven and of the spirit of glory [ that resteth on suffering beleevers ] in our cup in which there is no taste of hell . My dear Brother , ye know all these better then I : I send water to the sea , to speak of these things to you : But it easeth me to desire you to help me to pay tribute of praise to Jesus . O what praises I ow him ! I would I were in my free heritage , that I might begin to pay my debts to Jesus . I entreat for your prayers & praises : I forget not you . Aberd. Sept. 17. 1637 Your brother and fellow sufferer in and for Christ. S. R. To Mr DAVID DICKSON . ( 73 ) Reverend and welbeloved brother in the Lord. I Bless the Lord who hath so wonderfully stopped the on-going of that lawless process against you . The Lord reigneth , & hath a saving eye upon you & your ministery , & therefore fear not what men can doe . I bless the Lord that the Irish ministers finde employment , & the professors comfort of their ministery : Beleeve me , I durst not , as I am now disposed , hold an honest brother out of the pulpit : I trust , the Lord shall guard you & hide you in the shadow of his hand : I am not pleased with any that are against you in that . I see this , in prosperity mens conscience will not start at small sins : But if some had been where I have been since I came from you , a little more would have caused their eye water & troubled their peace . O how ready are we to incline to the world's-hand ? Our arguments being well examined are often drawn from our skin : the whole skin & a peaceable tabernacle is a topick maxime in great request in our Logick . I finde a little breirding of God's seed in this town , for the which the Doctors have told me their minde , that they cannot bear with it , and have examined and threatned the people that haunt my company : I fear I get not leave to winter here , and whether I goe , I know not ; I am ready at the Lord's call . I would I could make acquaintance with Christ's cross , for I finde , comforts lie to , & follow upon the cross . I suffer in my name by them : I take it as a part of the crucifying of the old man : Let them cut the throat of my credit & doe as they like best with it , when the wind of their calumnies hath blown away my good name from me in the way to heaven , I know Christ will take my name out of the mire & wash it & restore it to me again . I would have a minde ( if the Lord would be pleased to give me it ] to be a fool for Christ's sake . Sometimes while I have Christ in my arms , I fall asleep with the sweetness of his presence , & he in my sleep stealeth away out of my arms , & when I awake I mis● him . I am much comforted with my Lady Pi●sligo , a good woman & acquainted with God's wayes . Grace be with you . Aberd. Sept. 11. 1637. Yours in his sweet Lord. Iesus , S. R. To the right honourable , my Lord LOWDOUN . ( 75. ) Right honourable . GRace mercy & peace be to your Lo : I rejoyce exceedingly that I hear your Lo : hath a good minde to Christ & his now-born-down truth . My very dear Lord , goe on in the strength of the Lord to carry your honour & worldly glory to the new Ierusalem : For this cause your Lo : received these of the Lord : this is a sure way for the establishment of your house if ye be of these who are willing in your place to build Zion's old waste places in Scotland . Your Lo : wanteth not God's & man's law both , now to come to the streets for Christ : & suppose the bastard laws of man were against you , it is an honest & zealous errour , if here ye slip against a point or punctilio of standing policy : when your foot slippeth in such known ground as is the royal prerogative of our high & most truly dread ●overaign [ who hath many crowns on his head ] & the liberties of his house , he will hold you up . Blessed shall they be who take Babel's little ones & dash their heads against stones : I wish your Lo : have a share of that blessing with other worthy Nobles in our land . It is true , it is now accounted wisdom for men to be partners in pullin up the stakes & loo●ng the cords of the tent of Christ : but I am peswaded , that that wisdom is cried down in heaven , & shall never passe for true wisdom it● the Lord , whose word crieth shame upon wit against Christ & truth : & accordingly it shall prove shame & confusion of face in the end . Our Lord hath given your Lo : 〈◊〉 of a better stamp , & learning also wherein yeare not behinde th disputer and the s●●be . O what a bless●d thing i● it to see No●ility , Learning & Sanctification , all co curre in one ! For these ye ow your sel to Christ & his ●ingdom : God hath be-wildered & b●-misted the wit & the learning of the scribes & disputer of this time ; they look asquint to the Bible : This blinding & be-●…ing world blindfoldeth mens light , that they are affraid to se straight out b●fore them , nay their very light playeth the knave , or wo●s , to truth . Your Lo : knoweth , within a little while , Policy against trut● will blu●h , & the works of men shall burn , even their spider-w●b , who spin out many hundred ells & webs of indifferencie in the Lord's worship , moe then ever ●oses , who would have an●oof m●●t rial ; & Daniel , who would have a look out at a wi●dow a matter of life & death , then ever [ I say ] these men of God dreamed of . Alas , that men dare shape , carve , cut & clippe our King 's princ●ly Testament in length and breadth and in all dimensions answerable to the conceptions of such policy as a h ad-of-wit thinketh a safe and trim way of serving God. How have men forgotten the Lord , that they dàre goe against even that truth which once they preached themselves , howbeit their sermons now be as thin sown as strav-berri●s in a wood or wilderness . Certainly the s●eetest & safest course is , for this short time of the afternoon of this ol● & declining world , to stand for Jesus : he hath said it & it is our part to beleeve it , that ere is be long Time shall be no more , and the heaven shall wax old as a garment : 〈◊〉 Doe we not see it already an old hollie & threed-bare garment ? doeth not or ple & la●e ature t●●l us , that the Lord will fold up the old garment , 〈◊〉 and lay it aside , & that the heavens shall be folded together as a scroll & this pest-house shall be burnt with fire , & that both plenishing & walls shall melt with fervent heat ? for at the Lord 's coming he will doe with this earth as men doe with a leper house , he wil burn the walls with fire & the plenishing of the house also , 2 Pet. 3 , 10 , 11 , 12. My very Daer Lord , how shall ye rejoyce in that day to have Christ , Angels , heaven , & your own conscience to smile upon you . I am perswaded one sick night through the terrors of the Almighty , would make men [ whose conscience hath such a wide throat as an image like a Chathedral Church would goe down it ] have other thoughts of Christ and his worship then now they please themselves with . The scarcity of faith in the earth saith , We are hard upon the last nick of time : Blessed are these who keep their garments clean against the bridegroom's coming : There shall be spotted clothes & many defiled garments at his last coming ; & therefore few found worthy to walk with him in white . I am perswaded , my Lord , this poor travelling woman , our pained Church , is with childe of victory & shall bring forth a man-childe that shall be caught up to God & his throne , howbeit the Dragon [ in his followers ] be attending the childe-birth-pain , as an Egyptian midwife , to receive the birth & strangle it : Isa. 29 : 8. But they shall be disappointed who thirst for the destruction of Zion , they shall be as when a hungry man dreameth that he eateth but behold he awaketh & his soul is empty , or when a thirsty man dreameth , that he drinketh but behold he awaketh & is faint & his soul is not satisfied : so shall it be , I say , with the multitude of all the nations that fight against mount Zion . Therefore the weak , & feeble , these that are as signes & wonders in Israel , have chosen the best side , even the side that victory is upon ; & I think , this is no evil policy . Verily for my self , I am so well pleased with Christ & his noble & honest-born cross , this cross that is come of Christ's house , & is of kin to himself , that I should weep if it should come to niffering & bar●●ring of lots & condition with these that are at ease in Zion : I hold still my choice & blesse my self in it . I see , & I beleeve there is salvation in this way that is every where spoken against : I hope to goe to eternity & to venture upon the last evil to the saints , even upon death , fully perswaded that this onely , even this , is , the saving way for rackel consciences & for weary & laden sinners to finde ease & peace for evermore into : & indeed it is not for any worldly respect that I speak so of it : the weather is not so hot that I have great cause to startle in my prison , or to boast of that ●ntertainment that my good friends the Prelats , intend for me , which is banishment , if they shall obtain their desire & effectu at what they design ; but let it come , I rue not that I made Christ my waile & my choice ; I think him ay the longer the better . My Lord , It shall be good service to God to hold your noble friend & Chief upon a good course for the truth of Christ. Now the very God of peace establish your Lo : in Christ Jesu● unto the end . Aberd. Sept , 10. 1637. Your Lo : in his sweet Lord Iesus . S. R. To the Laird of GAITGIRTH . ( 76 ) Much honoured Sir. GRace , mercy & peace be to you : I can doe no more but thank you in paper , & remember you to him whom I serve , for your kindness & care of a prisoner . I ble●s the Lord , the cause I suffer for needeth not to blu●h before Kings : Christs white , honest & fair truth needeth neither wax pale for fear , nor blush for shame . I bless the Lord who hath graced you to own Christ now , when so many are affraid to profess him , & hide him for fear they suffer loss by avouching him . Alas that so many in these dayes are carried with the times : As if their conscience rolled upon oyled wheels so doe they goe any way the wind bloweth them , & because Christ is not market-sweet , men put him away from them . Worthy & much honoured Sir , goe on to own Christ & his oppressed truth : The end of sufferings for the Gospel is rest and gladness : light & joy is sown for the mourners in Zion and the harvest [ which is of God's making for time & manner ] is neer : Crosses have right & claim to Christ in hs members , till legs & arms & whole mystical-Christ be in heaven : There will be rain & hail & storm●●n the saints clouds , ever till God cleanse with fire the works of creation , & till he burn the botch-house of heaven & earth that mens sin hath subjected unto vanity . They are blessed who suffer & sin not , for suffering is the badge that Christ hath put upon his followers . Take what way we can to heaven , the way is hedged up with crosses , there is no way , but to break through them ; wit & wiles , shifts & laws will not finde out a way about the cross of Christ but we must through , one thing by experience my Lord hath taught me , that the waters betwixt this & heaven may all be ridden if ●e be well hors'd , I mean if we be in Christ , & not one shall drown by the way but such as love their own destruction . Oh if we could wait on for a time & beleeve in the dark the salvation of God! At least we are to beleeve good of Christ till he give us the slip [ which is impossible ] & to take his word for caution that he shall fill up all the blanks in his promises & give us what we want : but to the unbeleever Christ's Testament is white , blank , unwritten paper , worthy and dear Sir , set your face to heaven & make you to stoop at all the low entries in the way : that ye may receive the Kingdom as a childe : without this , he that knew the way said , there is no entry in . O but Christ be willing to lead a poor sinner ! O what love my poor soul hath found in him in the house of my pilgrimage ! Suppose love in heaven and earth were lost , I dare swear it may be found in Christ. Now the very God of peace establish you till the day of the glorious appearance of Christ. Aberd. Sept. 7. 1637. Yours in his sweet Lord Iesus . S. R. To the Lady GAITGIRTH . ( 77 ) Much honoured & Christian Lady . GRace , mercy & peace be to you : I long to hear how it goeth with you & your children : I exhort you not to lose breath nor to faint in your journey : The way is not so long to your home as it was , it will wear to one step or an inch at length , & ye shall come ere long to be within your arm-length of the glorious crown . Your Lord Jesus did sweat & pant ere he got up that mount , he was at father save me with it , it was he who , Psal. 22 : 14. said . I am poured out like water ; all my bones are out of joynt [ Christ wa● as if they had broken him upon the wheel ] my heart is like wax , it is melted in the midst of my bowels v. 15. My strength is dried up like a po●sheard : I am sure ye love the way the better that his holy feet trod it before you : Crosses have a smell of crossed & pained Christ. I beleeve your Lord will not leave you to die your alone in the way . I know ye have sad hours when the comforter is hid under a vail & when ye inquire for him , & finde but a toom nest : This I grant is but a cold good-day when the seeker misseth him whom the soul loveth ; but even his unkindness is kind , his absence lovely , his mask a sweet fight , till God send Christ himself in his own sweet presence : make his sweet comforts your own , & be not strange & shame fast with Christ : homely dealing is best for him , it is his liking . When your winter storms are over , the summer of your Lord shall come : Your sadness is with childe of joy , he will doe you good in the latter end . Take no heavier lift of your children then your Lord alloweth , give them room beside your heart , but not in the yolk of your heart , where Christ should be ; for then they are your idols , not your bairns : if your Lord take any of them home to his house before the storm come on , take it well , the owner of the orchard may take down two or thr●…●pples off his own trees before midsummer & ere they get the harvest sun , & it would not be seemly that his servant , the gardiner , should chide him for it : Let our Lord pluck his own fruit at any season he pleaseth ; they are not lost to you , they are laid up so well as that they are coffered in heaven where our Lord 's best jewely lie : They are all free goods that are there , death can have no law to arrest any thing that is within the walls of the new Ierusalem . All the saints , because of sin , are like old rusty horologies that must be taken down , & the wheels scoured & mended , & set up again in better case then before : Sin hath rusted both soul & body : our dear Lord by death taketh us down to scour the wheels of both , & to purge us perfectly from the root and remainder of sin , & we shall be set up in better case then before . Then pluck up your heart , heaven is yours , & that is a word few can say . Now the great Shepherd of the sheep & the very God of peace confirm & establish you to the day of the appearance of Christ our Lord. Aberd. 7 Sept. 1637. Yours in his sweet Lord Iesus . S. R. To his revend & very dear brother Mr GEORGE GILLESPIE . [ 78 ] My very Dear Brother . I Received yours : I am still with the Lord , his cross hath done that which I thought impossible once : Christ keepeth tryst in the fire & water with his own , & cometh ere our breath goe out & ere our blood grow cold . Blessed are they whose feet escape the great golden net that is now spread : it is our happiness to take the crabbed , rough & poor side of Christ's world , which is a lease of crosses & losses for him ; for Christ's in comes & casualities that follow him are many : & it is not a little one , that a good conscience may be had in following him this is true gain & most to be laboured for & loved . Many give Christ for a shadow , because Christ was rather beside their con●cience in a dead & reprobate light , then in their conscience . Let us be ballasted with grace , that we be not blowen over & that we staggar not . Yet a little while & Christ & his redeemed ones shall fill the field & come out victorious : Christ's glory of triumphing in Scotland is yet in the bud & in the birth , but the birth cannot prove an abortive : He shall not faint nor be discouraged till he have brought forth judgement unto victory . Let us still minde our Covenant : & the very God of peace be with you . Aberd. 9. Sept. 1637. Your Brother in Christ. S. R. To Mr MATHEW MOWAT . ( 79 ) Reverend & Dear Brother . I Am refreshed with your letters : I would take all well at my Lord's hands that he hath done , If I knew I could doe my Lord any service in my suffering : suppose my Lord would make a stop-hole of me to fill a hole in the wall of his house , or a pinning in Zion's new work : For any place of trust in my Lord's house , as steward or chamberlain , or the like : surely I think my self [ my very dear brother , I speak not by any proud figure or trope ] unworthy of it ; nay I am not worthy to stand behinde the door : if my head & feet & body were half out , half in , in Christ's house , so I saw the fair face of the Lord of the house , it would still my grieuing & love-sick desires . When I hear that the men of God are at work & speaking in our Lord Jesus his name , I think my self but an out-cast or out-law chased from the City to lie on the hills & live amongst the rocks & out-fields . O that I might but stand in Christ's out-house , or hold a candle in any low vault of his house ! But I know this is but the vapours that arise out of a quarrellous & unbeleeving heart , to darken the wisdom of God. And your fault is just mine , that I cannot beleeve my Lord's bare & naked word : I must either have an apple to play me with & shake hands with Christ , & have seal , caution , & witness to his word , or else I count my self loose ; how beit I have the word & faith of a King. Oh , I am made of unbelief & cannot swim but where my feet may touch the ground ! Alas , Christ under my temptations is presented to me as lying-waters , as a dyvour & a cousener ! We can make such a Christ as temptations [ casting us in a night-dream ] doeth feign & devise [ & tempeations represent Christ ever unlike himself ] & we in our folly listen to the tempter . If I could minister one saving word to any , how glad would my soul be : But I my self [ which is my greatest evil ] often mistake the cross of Christ : For I know if we had wit & knew well that ease slayeth us fools , we would desire a market where we might barter or niffer our lazie ease with a profitable cross ; howbeit there be an out-cast natural betwixt our desires & tribulation : But some give a dear price & gold for physick which they love not & buy sickness , howbeit they wish rather to have been whole then to be sick . But surely . Brother , ye shall not have my advice [ howbeit alas I cannot follow it my self ] to contend with the honest & faithfull Lord of the house ; for goe he or come he , he is ay gracious in his departure : There are grace & mercy & loving kindness upon Christ's back-parts : & When he goeth away , the proportion of his face , the image of that fair sun that staveth in eyes , senses & heart after he is gone , leaveth a mass of love behinde it in the heart . The sound of his knock at the door of his beloved after he is gone & past , leaveth 〈◊〉 share of joy & sorrow both : So we have something to feed upon till he return , & he is more loved in his departure , & after he is gone then before , as the day in the declining of the sun & toward 's the evening is often most desired . And as for Christ's cross I never received evil of it , but what was of mine own making : when I miscooked Christ's physick , no marvel that it hurt me : For since it was on Christ's back it hath alwayes a sweet smell & these 1600 Years it keepeth the smell of Christ ; nay it is elder then that too , for it is a long time since Abel first hansel'd the cross & had it laid upon his shoulders & down from him all alongst to this very day all the saints have known what it is . I am glad that Christ hath such a relation to this cross , & that it is called the cross of our Lord Iesus , Gal. 6 : v. 14. His reproaches , Heb. 13 : 13. As if Christ would claim it as his proper goods , & so it cometh in the reckoning among Christ's own property : If it were simple evil , as sin is , Christ , who is not the author nor owner of sin , would not own it . I wonder at the enemies of Christ [ in whom malice hath run away with wit , & will is up & wit down ] that they would essay to lift up the stone laid in Zion : surely it is not laid in such sinking ground as that they can raise it or remove it ; for when we are in their belly & they have swallowed us down , they will be sick & spue us out again . I know Zion & her Husband cannot both sleep at once : I beleeve our Lord once again shall water with his dew the withered hill of mount Zion in Scotland & come down & make a new marriage again , as he did long since . Remember our Covenant : Your excuse for your advice to me is needless : Alas , many sit beside light as sick folks beside meat & cannot make use of it . Grace be with you . Aberd. Sept. 7. 1637. Your brother in Christ , S. R. To Mr JOHN MEINE . ( 80 ) Dear Brother . I Received your letter : I cannot but testifie under mine own hand , that Christ is still the longer the better , & that this time is the time of loves . When I have said all I can , others may begin & say , I have said nothing of him . I never knew Christ to ebbe or flow , wax or wane : his winds turn not when he seemeth to change , it is but we who turn our wrong side to him . I never had a plea with him in my hardest conflicts but of mine own making . Oh that I could live in peace & good neighbourhood with such a second , & let him alone ! My unbelief made many black lies , but my recantation to Christ is not worth the hearing . Surely he hath born with strange gâdes in me : He knoweth my heart hath not naturall wit to keep quarters with such a Saviour . Ye doe well to fear your own backsliding : I had stood sure , if I had in my youth borrowed Christ to be my bottom : But he that beareth his own weight to heaven , shall not fail to slip & sink . Ye had no need to be bare-footed among the thorns of this apostat generation , lest a stob strike up in your foot & cause you to halt all your dayes : And think not , Christ will doe with you in the matter of suffering as the Pope doeth in the matter of sin : Ye shall not finde that Christ will sell a Dispensation or give a Dyvour's Protection against crosses : Crosses are proclaimed as common Accidents to all the saints , & in them standeth a part of our communion with Christ : But there lieth a sweet casuality to the cross ; even Christ's presence & his comforts when they are sanctified . Remember my love to your father & mother . Grace be with you . Aberd. 7. Sept. 1637 Yours in his sweet Lord Iesus . S. R. To JOHN FLEEMING . Bailiffe of Leith . ( 81 ) Much honoured in the Lord. GRace , mercy & peace be to you : I am still in good termes with Christ , however my Lord's wind blow , I have the advantage of the calm & sunny side of Christ. Devils , & hell , & Devil's servants , are all blowen blinde in pursuing the Lord 's little Bride : They shall be as a night-dream who fight against mount Zion . Worthy Sir , I hope ye take to heart the worth of your calling : This great fair & meeting of people will skaile , & the port is open for us : As fast as time weareth out , we flee away : Eternity is at our elbow . O how blessed are they who in time make Christ sure for themselves ; Salvation is a great errand ; I finde it hard to fetch heaven . Oh that we could take pains on our lamps for the Bridegroom 's coming ! the other side of this world will be turned up incontinent , & up shall down , & these that are weeping in sack-cloth shall triumph on white horses , with him whose name is The word of God. These dying idols , the fair : creatures that we whorishly love better then our Creator , will pass away like snow water . The Godhead , the Godhead , a communion with God in Christ , to be halvers with Christ of the purchased house & inheritance in heaven , should be your scope & aime . For my self , when I lay my counts , O what telling , O what weighing is in Christ ! O how soft are his kisses ! O love , love surpassing in Jesus ! I have no fault to that love , but that it seemeth to deal niggardly with me : I have little of it . O that I had Christ's seen & read band , subscribed by himself , for my fill of it ! What garland have I , or what crown , if I looked right on things , but Jesus ? Oh there is no room in us on this side of the water for that love ! This narrow bit earth & these ebbe & narrow souls can hold little of it because we are full of rifts . I would glory , glory would enlarge us [ as it will ] & make us tight , & close up our seams & rifts , that we might be able to comprehend it , which yet is incomprehensible . Remember my love to your wife . Grace be with you . Aberd. Sept. 7. 1637. Yours in his sweet Lord Iesus . S. R. To ALEXANDER GORDON Of Earlestoun . [ 82. ) Much honoured Sir. HOwbeit I would have been glad to have seen you ; yet seeing our Lord hath been pleased to break the snare of your adversaries , I heartily bless our Lord on your behalf . Our crosses for Christ are not made of iron , they are softer and of more gentle mettall : It is easy for God , to make a fool of the Devil the father of all fools . As for me , I but breath out what my Lord breatheth in : The scum & froth of my letters , I father upon my own unbeleeving heart . I know your Lord hath something to doe with you , because Satan & malice have shot sore at you ; but your bowe abideth in it's strength . Ye shall not by my advice be a halver with Christ , to divide the glory of your deliverance betwixt your self & him ; or any other second mean whatsoever : Let Christ [ as it setteth him well ] have all the glory , & triumph his alone . The Lord set himself on high in you : I see Christ can borrow a cross for some hours , & set his servants beside it , rather then under it , & win the plea too , yea & make glory to himself & shame to his enemies & comfort to his children out of it : But whether Christ buy or borrow crosses , he is King of crosses , & King of Devils , & King over hell , & King over malice : When he was in the grave , he came out , & brought the keys with him : he is Lord-Jaylor , nay what say I , he is Captain of the castle , & he hath the keys of deaths hell ; & what are our troubles but little deaths : & he who commandeth the great castle commandeth the little also . 2. I see , a hardned face & two skins upon our browes , against the winter hail , & stormy wind , is meetest for a poor traveller in a winter journey to heaven . O what art is it to learn to endure hardness & to learn to goe bare footed either through the devil's fiery coals or his frozen waters ! 3. I am perswaded a sea-venture with Christ maketh great riches : Is not our King Jesus his ship coming home , & shall not we get part of the gold ? Alas , we fools miscount our gain when we seem losers . Beleeve me , I have no challenges against this well-born cross , for it is come of Christ's house & is honourable & his propine , To you it is given to suffer . O what fools are we to undervalue his gifts , & to lightlie that which is true honour ! For if we could be faithfull , our tackling shall not loose , nor our mast break , nor our sails blow into the sea . The bastard crosses , the kinless & base-born crosses of worldlings for evil doing , must be heavie & grievous ; but our afflictions are light & momentany . 4. I think my self happy that I have lost credit with Christ , & that in this bargain I am Christ's sworn dyvour , to whom he will lippen nothing , no not one pin in the work of my salvation : Let me stand in black and white in the Dyvourbook be ore Christ , I am happy that my salvation is concredited to Christ's mediation : Christ oweth no faith to me , to lippen any thing to me ; but O what faith & credit I ow to him ! Let my name fall & let Christ's name stand in honour with man & angel . Alas , I have no room to spread out my affection before God's people , & I see not how I can shout out & cry out the loveliness , the high honour & the glory of my fairest Lord Jesus . Oh that he would let me have a bed to lie in , to be delivered of my birth , that I might paint him out in his beauty to men as I dow . 5. I wondered once at providence & called white providence black & unjust , that I should be smothered in a town where no soul will take Christ off my hand : But providence hath another lustre with God , then with my bliered eyes . I proclaim my self a blinde body who know not black & white in the uncouth course of God's providence . Suppose Christ would set hell where heaven is & devils up in glory beside the elect Angels [ which yet cannot be ] I would I had a heart to acquiesce in his way without further dispute . I see , infinite wisdom is the mother of his judgements & his wayes pass finding out . 6. I cannot learn , but I desire to learn to bring my thoughts , will , & lusts , in under Christ's feet , that he may trample upon them : But alas , I am still upon Christ's wrong side . Grace be with you . Aberd. Sept. 12. 1637. Yours in his sweet Lord Iesus : S. R. To ROBERT LENNOX . Of Disdove . [ 83 ] Worthy & dear Brother . I Forget you not in my bonds : I know ye are looking to Christ , & I beseech you , follow your look . I can say more of Christ now by experience [ though he be infinitly above & beyond all that can be said of him ] then when I saw you . I am drowned over head & ears in his love . Sell , sell , sell all things for Christ. If this whole world were the balk of a ballance , it should not be able to bear the weight of Christ's love ; man & angels have short arms to fathom it : Set your feet upon this piece blew & base clay of an over-guilded & fair plaistered world ; an hours kissing of Christ is worth a world of worlds . Sir , make sure work or your salvation , build not upon sand , lay the foundation upon the rock in Zion : strive to be dead to this world & to your will & lusts : Let Christ have a commanding power & a King throne in you : Walk with Christ , howbeit the wind should take the hide off your face : I promise you Christ will win the field : Your pastors cause you to erre ; except you see Christ's word , goe not one foot with them : Countenance not the reading of that Romish Service-book : Keep your garments clean , as ye would walk with the Lamb clothed in white . The wrongs I suffer are upon record in heaven : our great Master & Judge will be upon us all , & bring us before the sun in our black 's & white 's : Blessed are they who watch & keep themselves in God's love . Learn to discern the Bridegroom's tongue , & to give your self to prayer & reading . Ye was often a hearer of me : I would put my heart blood upon the doctrine I taught , as the onely way to salvation : goe not from it , my dear Brother . What I write to your self , I write to your wife also . Minde heaven & Christ , & keep the spunk of the love of Christ you have gotten ; Christ shall blow on it , if ye entertain it , & your end shall be peace . There is a fire in our Zion ; but our Lord is but seeking a new Bride refined & purified out of the furnace . I assure you , howbeit we be nick-named Puritans , all the powers of the world shall not prevail against us : Remember , though a sinfull man write it to you , these people shall yet be in Scotland as a green olive-tree & a field blessed of the Lord , & it shall be proclaimed , up , up with Christ , & down , down with all contrary powers . Sir , pray for me , [ I name you to the Lord ] for further evil is determined against me . Remember my love to Christian Murray & her daughter : I desire her in the edge of her evening to wait a little , the King is coming , & he hath something , that she never saw , with him : heaven is no dream : Come & see will teach her best . Grace , grace be with you . Aberd. Sept. 13. 1637. Yours in his sweet Lord Iesus . S. R. To MARION McKNAUGHT : [ 84 ] Dearest in our Lord Iesus . COunt it your honour that Christ hath begun at you to fine you first : Fear not , saith the Amen , the true & faithfull witness : I write to you , as my Master liveth , upon the word of my royal King , continue in prayer & in watching , & your glorious deliverance is coming : Christ is not far off , a fig , a straw for all the bits of clay that are risen against us : Ye shall thresh the mountains & fan then like chaff , Isa. 41. If ye slack your hands at your meetings & your watching to prayer , then it would seem our rock hath sold us ; but be dililigent & be not discouraged . I charge you in Christ rejoyce , give thanks , beleeve , be strong in the Lord : That burning bush in Galloway & Kirk●…dbright shall not be burnt to ashes ; for the Lord is in the bush . Be not discouraged that banishment is to be procured by the King's warrand to the Councel , against me : the earth is my Lord's ; I am filled with his sweet love ; & running over : I rejoyce to hear ye are in your journey : such newes as I hear of all your faith & love , rejoyce my sad heart . Pray for me , for they seek my hurt , but I give my self to prayer . The blessing of my Lord & a prisoner of Christ's blessing be with you . O chosen & greatly beloved woman , faint not : Fy , fy , if ye faint now : Ye lose a good cause : double your meetings ; cease not for Zion's sake , & hold not your peace till he make Jerusalem a praise in the earth . Aberd. 1637. Yours in Christ Iesus his Lord. S. R. To THOMAS CORBET . [ 85 ] Dear friend . I Forget you not : It shall be my joy that ye follovv after Christ till ye finde him : My conscience is a feast of joy to me , that I sought in singleness of heart , for Christ's love , to put you upon the King's high-vvay to our Bridegroom & our father's house : Thrice blessed are ye , my dear Brother , if ye hold the way : I beleeve , ye and Christ once met , I hope ye will not sunder with him : Follovv the counsel of the man of God Mr William Dalgl●ish . If ye depart from what I taught you in a hair-breadth , for f●ar or favour of men or desire of ease in this world , I take heaven & earth to witness that ill shall come upon you in end . Build not your nest here : This world is an hard ill made bed , no rest in it , for your soul : awake , awake , & make haste to seek that pearl Christ , that this world seeth not . Your night and your Master Christ , will be upon you within a clap ; your hand-breadth of time will not bide you : Take Christ , hovvbeit a storm follow him : howbeit this day be not yours & Christ's , the morrow will be yours & his . I would not exchange the joy of my bonds & imprisonment for Christ , with all the joy of this dirty & soul-skinned world . I have a love-bed with Christ , & am filled with his love . I desire your vvife to doe what I write to you : Let her remember how dear Christ would be to her , when her breath turneth cold , & the eye-strings shall break . O how joyfull should my soul be , to know that I had brought on a marriage betvvixt Christ & that people , fevv or many : if it be not so , I vvill be woe to be a vvitness against them . Use prayer , love not the world , be humble and esteem little of your self ; love your enemies & pray for them ; make conscience of speaking truth when none knoweth but God. I never eat , but I pray for you all . Pray for me : Ye & I shall see one another up in our father's house . I rejoyce to hear that your eye is upon Christ. Follow on , hing on , & quite him not . The Lord Jesus be with your spirit . Aberd. 1637. Your affectionat Brother in our Lord Iesus , S. R. To ALEXANDER GORDON of Earlestoun . ( 86. ) Much honoured Sir. GRace , mercy & peace be to you : I received your letter which refreshed me : Except from your son & my brother ; I have seen few l●tters from my acquaintance in that countrey , which maketh me heavie : But I have the company of a Lord , who can teach us all to be kind & hath the right gate of it : though for the present I have seven up's & down's every day , yet I am abundantly comforted & feasted with my King & welbeloved d●ily . It pleaseth him to come & dine with a sad prisoner , & a solitary stranger : His spikenard casteth a smell , yet my sweet hath some sowre mixed with it ; wherein I must acquiesce , for there is no reason that his comforts be too cheap , seeing they are delicates , why should he not make them so to his own ? But I verily think now , Christ hath led me up to a nick in Christianity that I was never at before , I think all before vvas but child-hood & bairns-play . Since I departed from you , I have been scalded , vvhile the smoak of hell's fire vvent in at my throat , & I vvould have bought peace vvith a thousand years torment in hell : & I have been up also , after these deep dovvn-castings & sorrovvs , before the Lamb 's vvhite throne in my father's inner court , the great King'● dining-hall , & Christ did cast a cove●ing of love over me , he hath casten in a coal in my soul , & it is s●oking ●mong the stravv & keeping the hearth warme : I look back to what I vvas before , & I laugh to see the sand-houses I built vvhen I vvas a child● . At first the remembrance of many fair feast-dayes vvith my Lord Jesus in publike , wich are now changed into silent sabbaths , raised a great tempest , & [ if I may speak so ] made the Devil a doe in my soul : the devil came in , & would prompt me to make a plea with Christ , & to lay the blame on him as a hard master : But now these mists are blowen away , & I am not onely silenced as to all quarrelling , but fully satisfied . Now I wonder that any man living can laugh upon the world or give it a hearty good-day . The Lord Jesus hath handled me so , that as I am now disposed , I think never to be in this world 's common again for a night's lodging : Christ beareth me good company ; he hath eased me when I saw it not , lifting the cross off my shoulders , so that I think it to be but a feather , because underneath are everlasting arms . God forbid , it came to bartering or niffering of crosses , for I think my cross so sweet , that I know not where I would get the like of it . Christ's honey-combs drop so abundantly that they sweeten my gall : Nothing breaketh my heart but that I cannot get the daughters of Ierusalem to tell them of my bride-groom's glory : I charge you in the name of Christ , that ye tell all ye come to , of it , & yet it is above telling & understanding . Oh if all the kingdom were as I am , except my bonds ! they know not the love-kisses that my onely Lord Jesus wasteth on a dâted prisoner . On my salvation , this is the onely way to the new city . I know Christ hath no dumb seals ; would he put his privy seal upon blank paper ? he hath sealed my sufferings with comforts . I write this to confirm you . I write now what I have seen as well as heard . Now & then my silence burneth up my spirit : But Christ hath said , thy stipend is running up with interest in heaven as if thou wert preaching : And this from a King's mouth rejoyceth my heart . At other times , I am sad for dwelling in Kedar's tents : There are none [ that I yet know of ] but two persons in this town , that I dare give my word for : And the Lord hath removed my brethren & my acquaintance far from me : & it may be , I be forgotten in the place , where the Lord made me the instrument to doe some good . But I see this is vanity in me : Let him make of me what he pleaseth , if he make salvation out of it to me . I am tempted & troubled that all the fourteen Prelats should have been armed of God against me onely , while the rest of my brethren are still preaching : But I dare not say one word but this , it is good , Lord Iesus , beacuse thou hast done it . Wo is me for the virgin daughter , wo is me for the desolation of the virgin daughter of Scotland ! O if my eyes were a fountain of tears to weep day & night for that poor widow Kirk , that poor miserable harlot ! Alas that my father hath put to the door my poor harlot mother ! Oh for that cloud of black wrath & fury of the indignation of the Lord , that is hanging over the Land. Sir , write to mel beseech you : I pray you also , be kind to my ●fflicted brother . Remember my love to your wife : & The prayers & the blessin● of the prisoner of Christ be on you . Frequent your meetings for prayer & communion with God , they would be sweet meerings to me . Aberd. 16. Febr. 1637. Yours in his sweet Lord Iesus . S. R. To ROBERT GORDON of Knockbrex . ( 87 ) My Dear Brother . GRace , mercy & peace be multiplied upon you : I am almost wearying , yea wondering that ye write not to me ; though I know it is not forgetfulness . As for my self , I am every way well , all glory to God : I was before at a plea with Christ , but it was bought by me & unlawfull ; because his whose providence was not yea & nay to my yea & nay , & because I beleeved Christ's outward look better then his faithfull promise : Yet he hath in patience waited on , while I'be come to my self , & hath not taken advantage of my weak apprehensions of his goodness : Great & holy is his name : He looketh to what I desire to be , & not to what I am . One thing I have learned , If I had been in Christ by way of adhesion onely , as many branches are , I should have beene burnt to ashes , & this world should have seen a suffering minister of Christ turned ( of something once in shew ] into unsavoury salt . But my Lord Jesus had a good eye that the tempter should not play foul play , & blow out Christ's candle ; he took no thought of my stomacke , & fretting & grudging humour , but of his own grace : when he burnt the house he saved his own goods : And I beleeve , the devil & the persecuting world shall reap no fruit of me , but burnt ashes : for he will see to his own gold , & save that from being consumed with the fire . O what ow I to the file , to the hammer , to the furnace of my Lord Jesus ! Who hath now let me see how good the wheat of Christ is , that goeth through his mill & his oven , to be made bread for his own table : Grace tried is better then grace , & it is more then grace , it is glory in it's infancy . I now see , godliness is more then the out-side & this world's passements & their buskings : Who knoweth the truth of grace without a trial ? O how little getteth Christ of us , but that which he winneth , [ to speak so ] with much toil & pains ! And how soon would faith frieze without a cross ! How many dumb crosses have been laid upon my back , that had never a tongue to speak the sweetness of Christ , as this hath ? when Christ blesseth his own crosses with a tongue , they breath out Christ's love , wisdom , kindness & care of us . Why should I start at the plough of my Lord , that maketh deep furrows on my soul ? I know he is no idle husbandman , he purposeth a crop . O that this white withered lay-ground were made fertile to bear a crop for him , by whom it is so painfully dressed , & that this fallow ground were broken up ! Why was I [ a fool ] grieved that he put his garland & his rose upon my head , the glory & honour of his faithfull witnesses ? I desire now to make no moe pleas with Christ : Verily he hath not put me to a loss by what I suffer , he oweth me nothing ; for in my bonds , how sweet & comfortable have the thoughts of him been to me : where in I finde a sufficient recompence of reward ! How blinde are my adversaries who sent me to a banquetting house , to a house of wine , to my lovely Lord Jesus his love-feasts , & not to a prison or place of exile ? Why should I smother my husband's honesty , or sin against his love , or be a niggard in giving out to others , what I get for nothing . Brother , eat with me & give thanks : I charge you before God , that ye speak to others , & invite them to help me to praise . Oh my debt of praise , how weighty is it , & how far run up ! Oh that others would lend me to pay , & learn me to praise ! Oh , I a drowned Dyvour ! Lord Jesus , take my thoughts for payment . Yet I am in this hot summer-blenk with the tear in my eye ; for , by reason of my silence , sorrow , sorrow hath filled me : My harp is hanged upon the willow trees , because I am in a strange land . I am still kept in exercise with envious brethren : My mother hath born me a man of contention . Write to me your minde anent Y. C. I cannot forget him , I know not what God hath to doe with him : & your minde anent my Parishoners behaviour , & how they are served in preaching , or if there be a Minister as yet thrust in upon them , which I desire greatly to know , & which I much fear . Dear Brother , ye are in my heart , to live & to die with you . Visite me with a letter ; Pray for me : Remember my love to your wife . Grace , grace be with you : & God who heareth prayer visite you , & set it be unto you according to the prayers of . Aberd. Jan. 1. 1367. Your own Brother & Christ's Prisoner . S. R. To my welbeloved & reverend brother Mr ROBERT BLAIR . [ 88 ] Reverend & dearly beloved Brother . GRace , mercy & peace from God our father & from our Lord Jesus Christ be to you : It is no great wonder , my Dear Brother , that ye be in heaviness for a season , & that God's will in crossing your design & desires to dwell amongst a people whose God is the Lord , should move you : I deny not , but ye have cause to enquire what his providence speaketh in this to you ; but God's directing & commanding will , can by no good logick , be concluded from events of providence . The Lord sent Paul many errands for the spreading of his Gospel , where he found lions in his way : a promise was made to his people of the holy land & yet many nations in the way fighting against , & ready to kill them who had the promise , or keep them from poss●ssing that good land which the Lord their God had given them . I know ye have most to doe with submission of spirit ; but I perswade my self , ye have learned in every condition wherein ye are cast , therein to be content , & to say , good is the will of the Lord , let it be done . I beleeve , the Lord tackleth his ship often to fetch the wind , & that he purposeth to bring mercy out of your sufferings & silence , which [ I know from mine own experience ] is grievous to you : s●eing he knoweth our willing minde to serve him , our wages & stipend is running to the fore with our God ; even as some tick souldiers get their pay when then they are bed-●ast & not able to goe to the fields with others . Though Israel be not gathered yet shall I be glorious in the eyes of the Lord & my God shall be my strentgh , Isa. 49 : 3. & we are to beleeve it shall be thus ere all the play be played , Ier. 51 : 35. The violence done to me & my flesh , be upon Babylon , & the great whore's lovers , shall the inhabitants of Zion say , and my blood be upon Caldea , shall Ierusalem say & Zech. 12 : 2. Behold , I will make Ierusalem a cap of trembling to all the people about , where they shall be in the siege bosh against Iudah and Ierus them v. 3. And is that day , I will make Ierusalem a burden so 〈…〉 stone for all people , they that burden themselves with it , shall be broken in pieces : though all the people of the earth be gathered against it . When they have eaten & swallowed us up , they shall be sick & vomit us out living men again : the devil's stomack cannot digest the Church of God. Suffering is the other half of our ministry , howbeit the hardest : For we would be content our King Jesus would make an open proclamation & cry down crosses ; & cry up joy , gladness , ease , honour , & peace ; but it must not be so ; through many aff●ctions we must enter into the Kingdom of God : not onely by them , but through them must we goe : & wiles will not take us by the cross : It is folly to think , to steal to heaven with a whole skin . For myself I am here a prisoner confined in Aberd●…n , threatned to be removed to Caithness , because I desire to edifie in this town ; & I am openly preached against in the pulpits in my hearing , & tempted with disputations by the Doctors , especially by D. B. Yet I am not ashamed of my Lord Jesus his garland & crown : I would not exchange my weeping with the fourteen Prelat , painted laughter . At my first coming here , I took the Dorts at Christ & would forsooth summond him for unkindness ; I sought a plea of my Lord & was tossed with challenges , whether he loved me or not ? & disputed all over again that he had done to me ; because his word was a fire shut up in my bowels & I was weary with forbearing ; because I said I was cast out of the Lord's inheritance : but now I see I was a fool : My Lord miskend all & did bear with my foolish jealousies & miskend that ever I wronged his love , and now he is come again with mercy under his wings : I past from my [ O witless ] summonds : he is God [ I see ] & I am man. Now it hath pleased him to renew his love to my soul , & to dâte his poor prisoner . Therefore , my dear Brother , help me to praise , & shew the Lord's people with you , what he hath done to my soul , that they may pray & praise : & I charge you , in the name of Christ , not to omit it ; for , for this cause I write to you that my sufferings may glorifie my royal King & edifie his church in Ireland . He knoweth how one of Christ's love-coals hath burnt my soul with a desire to have my bonds to preach his glory , whose cross I now bear . God forgive you if ye doe it not ; But I hope the Lord will move your heart to proclaim in my behall , the sweetness , excellency & glory of my royal King. It is but our soft flesh that hath raised a slander on the cross of Christ ; I see now the white side of it : My Lord's chains are all overguilded . O if Scotland & Ireland had part of my feast ! & yet I get not my meat but with many strokes . There are none here to whom I can speak ; I dwell in Kedar's tents . Refresh me with a letter from you : Few know what is betwixt Christ & me . Dear Brother , upon my salvation , this is his truth that we suffer for : Christ would not seal a blank charter to souls . Courage , courage , joy , joy for evermore ! O joy unspeakable & glorious ! Oh for help to set my crowned King on high ! O for love to him who is altogether lovely ! That love which many waters cannot quench , neither can the floods drown ! I remember you , & I bear your name on my breast to Christ : I beseech you forget not his afflicted prisoner . Grace , mercy & peace be with you . Salute in the Lord from me Mr Cuninghame , Mr Livingston , Mr Ridge , Mr Colwart , &c. Aberd. Feb. 7. 1637. Your Brother & fellow prisoner . S. R. To JOHN KENNEDY Bailiffe of Ayr. ( 89 : ) Worthy & welbeloved Brother GRace mercy & peace be unto you : I am yet waiting what our Lord will doe for his afflicted church , & for my re-entry to my Lord's house . Oh that I could hear the forfeiture of Christ [ now casten out of his inheritance ] recalled & taken off by open proclamation , & that Christ were restored to be a Free holder and a landed Hieritour in Scotland : & That the courts fenced in the name of the bastard Prelats [ their God-father's the Pop's Bailiffes & Sherifes ] were cryed down ! Oh how sweet a sight were it to see all the Tribes of the Lord in this land fetching home again our banished king Christ to his own palace , his Sanctuary and his throne ! I shall think it mercy to my soul , if my faith shall out-watch all this winter night & not nod or slumber , till my Lord's summer day dawn upon me . It is much if faith & hope in the sad nights of our heavie trial escape with a whole skin , & without crack or crook : I confess unbelief hath not reason to be either father or mother to it : [ for unbelief is alwayes an irrationall thing ] but how can it be , but such weak eyes as ours must cast water in a great smoke ; or that a weak head should not turn giddy when the water runneth deep and strong ? But God be thanked that Christ in his children can endure a stress & storm : howbeit soft nature would fall down in peices . Oh that I had that confidence as to rest rest on this , though he should grind me into small powder , & bray me into dust , & scatter the dust to the four winds of heaven ; that my Lord would gather up the powder & make me up a new vessel again to bear Christ's name to the world : I am sure that love bottomed & seated upon the faith of his love to me would desire & endure this , & would even claim & thriep kindness upon Christ's strokes , & kiss his lovely glooms : & both spell & read salvation upon the wounds made by Christ's sweet hands . Oh that I had but a promise from the mouth of Christ , of his love to me ; & then howbeit my faith were as tender as paper I think longing & dwining & griening of sick desires would cause it bide out the siege , till the Lord came to fill the soul with his love : & I know also in that case faith should abide green & sappy at the root , even at mid winter , and stand out against all stormes : However it be I know Christ winneth heaven in dispite of hell ; But I ow as many praises & thanks to free grace as would lie betwixt me & the utmost border of the highest heaven , suppose ten thousand heavens were all laid above other : But oh I have nothing that can hire or bud grace , for if grace would take hire it were no more grace ; but all our stability , & the strength of our salvation is anchored & fastened upon free grace : and I am sure Christ hath by his death & blood casten the knot so fast that the fingers of devils & hel-fuls of sins cannot loose it ; & that bond of Christ [ that never yet was nor never shall nor can be registrated ] standeth surer then heaven or the dayes of heaven , as that sweet pillar of the covenant , whereupon we all hang : Christ and all his little ones under his two wings , & in the compasse or circle of his arms , is so sure , that cast him and them in the ground of the sea , he shall come up again & not loose one : An odde one cannot , nor shall not be lost in the telling . This was alwayes God's aime since Christ came in the play betwixt him & us , to make men dependent creatures , and in the work of our salvation to put created strength , & arms , & legs of clay , quit out of play , & out of office & court : & now God hath substituted in our room & accepted his Son the mediator for us & all that we can make . If this had not been I would have skinked over & foregone my part of paradise & salvation , for a break-fast of dead moth-eaten earth ; but now I would not give it , nor let it go for more then I can tell : & truly they are silly fools , and ignorant of Christ's worth [ & so full ill trained and tutoured ] who tell heaven & Christ over the board , for two feathers or two straws of the devil's painted pleasures , onely lustred in the utter side . This is our happiness now , that our reckonings at night when eternity shall come upon us , cannot be told ; we shall be so far gainers & so far from being super expended [ as the poor fools of this world are , who give out their money & get in but black hunger ] that Angels cannot lay our counts nor summe our advantage & in-comes . Who knoweth how far is it to the bottom of our Christ , & to the ground of our heaven ? Who ever weighed Christ in a pair of ballances ? Who hath seen the foldings , & plyes , and the heights and depths of that glory which is in him and kept for us ? Oh for such a heaven as to stand afar off and see & love and long for him ; while time 's threed be cut , and this great work of creation dissolved at the coming of our Lord ! Now to his Grace I recommend you . I beseech you also pray for a re-entry to me into the Lord's house , if it be his good will : Aberd. Jan. 6. 1637. Yours in his sweet Lord Iesus : S. R. To ELIZABETH KENNEDY . ( 90 ) MISTRESS . GRace mercy and peace be unto you : I have long had a purpose of writing to you , but I have been hindred : I heartily desire that ye would minde your journey ; & consider to what airth your soul setteth it's face ; for all come not home at night , who suppose they have set their face heaven-ward : it is a woefull thing to die & misse heaven , & to lose house-room with Christ at night : It is an evil journey where travellers are benighted in the fields . I perswade my self that thousands shall be deceived & ashamed of their hope : because they cast their anchor in sinking sands they must lose it . Till now I knew not the pain , labour , nor difficulty that there is to win home ; nor did I understand so well before this , what that meaneth : The righteous shall scarcely be saved . Oh how many a poor Professor's candle is blowen out & never lighted again ! I see ordinary profession , & to be ranked amongst the children of God , & to have a name among men , is now thought good enough to carry professors to heaven ; but certainly a name is but a name , & will never bide a blast of God's storm : I counsell you not to give your soul or Christ rest , nor your eyes sleep , till ye have gotten something that will bide the fire & stand out the storm . I am sure if my one foot were in heaven & then he would say , fend thy self , I will hold my grips of thee no longer : I should goe no further ; but presently fall down in as many Pieces of dead nature . They are happy for evermore who are over head & ears in the love of Christ , & know no sickness but love-sickness for Christ : & feel no pain but the pain of an absent & hidden welbeloved . We run our souls out of breath & tire them in coursing & galloping after our own night-dreams [ such are the rovings of our miscarrying hearts ] to get some created good thing in this life & on this side of death : We would fain slay & spin out a heaven to our solves in this side of the water ; but sorrow , want , changes , crosses & sin are both woof & warp in that ill-spun web . O how sweet & dear are these thoughts that are still upon the things which are above ! & how happy are they who are longing to have little sand in their glass & to have time's threed cut & can cry to Christ , Lord Iesus have over , come & fetch the driry passenger ! I wish our thoughts were more frequently then they are on our countrey . O but heaven casteth a sweet smell afar off , to these who have spirituall smelling ! God hath made many fair flowers , but the fairest of them all is heaven , & the flower of all flowers is Christ. O why doe we not flee up to that lovely one ? Alas that there is such scarcity of love , & lovers of Christ amongst us all . Fy , fy upon us who love fair things , as fair gold , fair houses , fair lands , fair pleasures , fair honours & fair persons ; and doe not pine & melt away with love for Christ. O would to God I had more love for his sake . O for as much love as would lie betwixt me & heaven for his sake . O for as much love as would goe round about the earth & over the heaven , yea the heaven of heavens & ten thousand worlds , that I might let all out upon fair , fair , onely fair Christ ! But alas I have nothing for him ; yet he hath much for me : it is no gain to Christ that he getteth my little feckless span-length & hand-breadth of love . If men would have something to doe with their hearts & their thoughts that are alwayes rolling up & down , like men with oares in a boat after sinfull vainities , they may finde great & sweet employment to their thoughts upon Christ : If these frothie fluctuaring & restless hearts of ours , would come all about Christ & look in to his love , to bottomless love , to the depth of mercy , to the unsearchable riches of his grace , to enquire after & search into the beauty of God in Christ ; they would be swallowed up in the depth , & height , length , & breadth of his goodness . Oh if men would draw the curtains & look in to the inner side of the arke , & behold how the fulness of the Godhead dwelleth in him bodily ! O who would not say let me die , let me die ten times to see a sight of him ! ten thousand deaths were no great price to give for him . I am sure , sick fainting love would highten the market & raise the price to the double for him : But alas if men & Angels were rouped & sold at the dearest price , they would not all buy a night's love or a four & twentie hours sight of Christ ! O how happy are they who get Christ for nothing ! God send me no more for my part of Paradise , but Christ : and surely I were rich enough & as well heaven'd as the best of them , if Christ were my heaven . I can write no better thing to you , then to desire you , if ever ye laid Christ in a count ; to take him up & count over again ; and weigh him again and again : And after this have no other to court your love , and to wooe your soul's , delight but Christ : he will be found worthy of all your love ; howbeit it should swell upon you from the earth to the uppermost circle of the heaven of heavens . To our Lord Jesus & his love I commend you . Aberd. 1637 Yours in his sweet Lord Iesus , S. R. To JONET KENNEDY . ( 91 ) MISTRESS . GRace , mercy & peace be unto you : Ye are not a little obliged to his rich grace who hath separat you for himself , & for the promised inheritance with the saints in light , from this condemned & guilty world : Hold fast Christ , contend for him , it is a lawfull plea to goe to holding & drawing for Christ ; & it is not possible to keep Christ peaceably , having once gotten him , except the devil were dead . It must be your resolution to set your face against Satan's northern tempests & stormes for salvation : Nature would have heaven come sleeping to us in our beds : we would all buy Christ , sobeing we might make price our selves ; but Christ is worth more blood & lives then either ye or I have to give him . When we shall come home & enter to the possession of our brother's fair kingdom , & when our heads shall finde the weight of the eternall crown of glory , & when we shall look back to pains & sufferings ; then shall we see life , & sorrow , to be less then one step or stride from a prison to glory : & that our little inch of time-suffering is not worthy of our first night's welcome-home to heaven . O what then will be the weight of every one of Christ's kisses ! O how weighty & of what worth shall every one of Christ's love-smiles be ! O when once he shall thrust a wearied traveller's head betwixt his blessed breasts , the poor soul shall think one kiss of Christ hath fully paid home fourtie or fiftie yeers wet feet , & all it's sore hearts & light sufferings it had in following after Christ ! O thrice blinded souls whose hearts are charmed & betwitched with dreams , shadows , feckless things , night-vanities & night fancies of a miserable life of sin ! Shame on us who sit still fettered with the love & liking of the loan of a piece dead clay . O poor fools who are beguiled with painted things & this world's fair weather & smooth promises , & rotten worm-eaten hopes ! may not the devil laugh to see us give out our souls & get in but corrupt & counterfeit pleasures of sin . O for a sight of eternity's glory , & a little tasting of the Lamb's marriage-supper ! halt a draught or a drop of the wine of consolations that is up in our banquetting house , out of Christ's own hand would make our stomacks loath the brown bread & the sowre drink of a miserable life . O how far are we berest or wit , to chase & hunt & run , till our souls be out of breath after a condemned happiness of our own making ! & doe we not sit far in our own light , to make it a matter of bairns-play to skink & drink over paradise & the heaven that Christ did sweat for , even for a blast of smoke & for Esau's morning break-fast ? O that we were out of ourselves & dead to this world , & this world dead & crucified to us , & then we should be close out of love & conceit of any masked & fairded lover whatsoever : then Christ would win & conquer to himself a lodging in the inmost yolk of our heart : then Christ should be our night-song & our morning-song : then the very noise & din of our welbeloved's feet when he cometh , & his first knock or rap , at the door should be as the newes of two heavens to us . Oh that our eyes & our soul's-smelling should goe after a blasted & sun-burnt flower , even this plaistered fair out-sided world , & then we have neither eye nor smell for the flower of I●sse , for that plant of renown , for Christ the choisest , the fairest , the sweetest rose that ever God planted ! O let some of us die to feel the smell of him , & let my part of this rotten world be forfeited & sold for evermore , providing I may anchor my tottering soul upon Christ ! I know it is sometimes at this , Lord , what wilt thou have for Christ ? But O Lord canst thou be budded or propined with any gift for Christ ? O Lord , can Christ be sold , or rather may not a poor needy sinner have him for nothing ? If I can get no more , O let me be pained to all eternity with longing for him . The joy of hungring for Christ , should be my heaven for evermore . Alas that I cannot draw souls & Christ together : but I desire the coming of his Kingdō , & that Christ [ as I assuredly hope he shall ] would come upon withered Scotland as rain upon the new mowen grass . O let the king come ! O let his Kingdom come ! O let their eyes rot in their eye holes who will not receive him home again to reign & rule in Scotland ! Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord. Iesus , S. R. To his Reverend & Dear Brother , Mr DAVID DICKSON . ( 92 ) Reverend & dearest . Brother . WHat joy have I out of heaven's gates , but that my Lord Jesus be glorified in my bonds ? Blessed be ye of the Lord who contribut any thing to my obliged & indebted praises : dear Brother help me a poor dyvour to pay the interest , for I cannot come nigh to render the principall : It is not jest nor sport which maketh me to speak & write as I doe : I never before came to that nick or pitch of a communion with Christ that I have now attained unto , for my confirmation . I have been these two Sabbaths or three in privat , taking instruments in the name of God , that my Lord Jesus & I have kissed each other in Aberden , the house of my pilgrimage : I seek not an apple to play me with he knoweth , whom I serve in the spirit but a seal ; I but beg earnest , & am content to suspend & frist glory while supper time : I know this world will not last with me ; for my moon-light is noon-day light , & my four-hours above my feasts when I was a preacher ; at which times also , I was embraced very often in his armes : But who can blame Christ to take me on behinde him [ if I may say so ] on his white horse or in his chariot paved with love through a water : Will not a father take his little dated Davie in his armes , & carry him over a ditch or a mire ? my short legs could not step over this laire or sinking mire & therefore my L : Jesus will bear me thorow : If a change come & a dark day , so being that he will keep my faith without flaw or crack , I dare not blame him ; howbeit I get no more while I come to heaven : But ye know the physick behooved to have sugar , my faith was fallen a swoon , and Christ but held up a swooning man's head : Indeed I pray not for a Dâted Bairn's diet , he knoweth I would have Christ sowre or sweet ; any way . sobeing it be Christ indeed : I stand not now upon paired apples or sugared dishes ; but I cannot blame him to give , & I must gape and make a wide mouth : since Christ will not pantry-up joyes , he must be welcome who will not bide away : I seek no other fruit but that he may be glorified : he knoweth , I would take hard fare to have his name set on high . I bless you for your counsel : I hope to live by faith and swim without a masse or bundle of joyfull sense under my chinne ; at lest to venture albeit I should be ducked . Now for my case I think the Councel should be essayed , and the event referred to God : Duties are ours and events are God's . I shall goe through yours upon the Covenant at leisure , & write to you my minde thereanent ; & anent the Arminian Contract betwixt the father & the son . I beseech you set to , to goe through scripture : yours on the Hebrews is in great request with all who would be acquaint with Christ's Testament . I purpose God willing to set about Hosea & to try if I can get it to the presse here . It refresheth me much that ye are so kind to my brother , I hope your counsel shall doe him good , I recommend him to you , since I am so far from him : I am glad that the dying servant of God , famous and faithfull Mr Cuninghame sealed your ministry before he fell asleep : Grace , grace be with you . Aberd. March. 7. 1637. Yours in his sweet Lord Iesus . S. R. To the Much honoured WILLIAM RIGGE of Athernie . ( 93 ) Much honoured Sir. GRace , mercy & peace be to you : I received your long-looked-for & short letter ; I would ye had spoken more to me who stand in need : I finde Christ as ve write ay the longer the better , & therefore cannot but rejoyce in his salvation , who hath made my chains my wings , & hath made me a King over my crosses & over my adversaries : glory , glory , glory to his high , high & holy name : Not one ounce , not one grain-weight more is laid on me , then he hath enabled me to bear : And I am not so much wearied to suffer as Sion's haters are to persecute . Oh if I could finde a way in any measure to strive to be even with Christ's love , but that I must give over ! Oh who would help a dyvour to pay praises to the King of saints , who triumpheth in his weak servants ? I see if Christ but ride upon a worm , or a feather , his horse will neither stumble nor fall : The worm Jacob is made by him a new sharp threshing instrument having teeth to thresh the mountains , & beat them small , & to make the hills as chaff & to fan them , so as the wind shall carry them away , & the whirlwind shall scatter them . Isa. 41 : 14 , 15 , 16. Christ's enemies are but breaking their own heads in pieces upon the rock laid in Zion , & the stone is not removed out of it's place : Faith hath cause , to take courage from our very afflictions , the devil is but a whet-stone to sharpen the faith & patience of the saints : I know he but heweth & polisheth stones all this time for the new Jerusalem : But in all this , three things have much moved me , since it hath pleased my Lord to turn my moon light into day-light . First , he hath yoked me to work , to wrestle with Christ's love of longing , wherewith I am sick , pained , fainting & like to die , because I cannot get himself , which I think a strange sort of desertion ; for I have not himself [ whom if I had my love-sickness would coole & my fever goe away , at least I should know the heat of the fire of complacencie , which would coole the scorching heat of the fire of desire ] & yet I have no penurie of his love , & so I dwin , I die , & he seemeth not to rue on me . I take instruments in his hand that I would have him ; but I cannot get him , & my best chear is black hunger : I blesse him for that feast . Secondly , old challenges now & then revive & cast all down , I goe halting & sighing , fearing there be an unseen processe yet coming out , & that heavier then I can answer : I cannot read distinctly my Surtie's act of cautionrie for me in particular , & my discharge ; & sense rather then faith assureth me of what I have : So unable am I to goe but by an hold . I could [ with reverence of my Lord ] forgive Christ , if he would give me as much faith as I have hunger for him : I hope the pardon is now obtained , but the peace is not so sure to me as I would wish : Yet , one thing I know ; there is not a way to heaven but the way he hath graced me to professe & suffer for . Thirdly , woe , woe is me for the virgin daughter of Scotland and for the fearfull desolation & wrath appointed for this land ; And yet all are sleeping , eating and drinking , laughing and sporting , as if all were well . Oh our dim gold , our dumb , blinde pastors , the sun is gone down upon them , and our Nobles bid Christ send for himself if he be Christ : It were good we should learn in time the way to our strong hold . Sir howbeit not acquainted remember my love to your wife , I pray God establish you . Aberd. March. 9 1637 Yours in his sweet Lord Iesus , S. R. To JOHN EWART Bailiffe of Kirkcudbright . ( 94 ) My very worthy & dear Friend . I Cannot but most kindly thank you for the expressions of your love : your love & respect to me is a great comfort to me . I blesse his high & glorious name that the terrors of great men , have not affrighted me from open avouching of the Son of God ; nay his cross is the sweetest burden that ever I bare : It is such a burden as wings are to a bird , or sailes to a ship to carry me forward to my harbour . I have not much cause to fall in love with the world ; but rather to wish that he who sitteth upon the floods would bring my broken ship to Land , & keep my conscience safe in these dangerous times : for wrath from the Lord is coming on this sinfull Land. It were good that we prisoners of hope knew of our strong hold to run to , before the storm come on : Therefore Sir I beseech you by the mercies of God and comforts of his Spirit , by the blood of your Saviour , & by your compearance before the sin-revenging Judge of the world , keep your garments clean & stand for the truth of Christ , which ye professe : When the time shall come that your eye strings shall break , your face wax pale , your breath grow cold , & this house of clay shall totter , & your one foot shall be over the march in eternity , it shall be your comfort & joy that ye gave your name to Christ. The greatest part of the world think heaven at the next door , & that Christianity is an easie task ; but they will be beguiled . Worthy Sir , I beseech you make sure work of salvation : I have found by experience that all I could doe , hath had much adoe in the day of my trial ; & therefore lay up a sure foundation for the time to come . I cannot requite you for your your undeserved favours to me & my nowafflicted brother ; but I trust to remember you to God : remember me heartily to your kinde wife . Aberd. March. 13. 1637. Yours in his onely Lord Iesus . S. R. To VVILLIAM FULLERTON . Provest of Kirkcudbright . ( 95 ) Much honoured Sir. GRace , mercy and peace be to you : I am obleiged to your love in God : I beseech you Sir let nothing be so dear to you as Christ's truth , for salvation is worth all the world ; & therefore be not afraid of men that shall die : the Lord shall doe for you in your suffering for him , & shall blesse your house & seed , & ye have God's promise that ye shall have his presence in fire , water & in seven tribulations . Your day will wear to an end , & your sun goe down : in death it will be your joy that ye have ventured all ye have for Christ , & there is not a promise of heaven made but to such as are willing to suffer for it : it is a Castle taken by force . This earth is but the clay-portion of bastards , & therefore no wonder the world smile on it's own ; but better things are laid up for hi● lawfully begotten bairnes ; whō the world hateth : I have experience to speak this : for I would not exchange my prison & sad nights with the court , honour , & ease of my adversaries : My Lord is pleased to make many unknown faces to laugh upon me , & to provide a lodging for me : & he himself visiteth my soul with feasts of spiritual comforts . O how sweet a Master is Christ ! Blessed are these who lay down all for him . I thank you kindly for your love to my distressed brother . Ye have the blessing & prayers of the prisoner of Christ to you , your Wife & Children . Remember my love & blessing to William & Samuel : I desire them in their youth to seek the Lord & fear his great name , to pray twice a day [ at least ] to God , & to read God's word , to keep themselves from cursing , lying & filthie talking . Now the onely wise God & the presence of the Son of God be with you all . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus , S. R. To the worthy & much honoured Mr ALEXANDER COLVILL , Of Blair . ( 96 ) Much honoured Sir. GRace , mercy & peace be to you : The bearer hereof M. R. F. is most kinde to me ; I desire you to thank him : But none is so kinde as my onely royal King & Master , whose cross is my garland : The King dineth with his prisoner & his spikenard casteth a smell : He hath led me up to such a pitch & nick of joyfull communion with himself , as I never knew before : When I look back to by-gones , I judge my self to have been a childe at A , B , C. with Christ. Worthy Sir , pardon me , I dare not conceal it from you , it is as a fire i● my bowels : In hi● pres●nce who seeth me I sp●ak it , I am pained , pained with the love of Christ ; he hath made me sick & wounded me : Hunger for Christ out-runneth faith : I miss faith more then love . O if the three Kingdoms would come & see ! O if they knew his kindness to my soul ! It hath pleased him to bring me to this , that I will not strike sails to this world nor flatter it , nor adore this clay idol that fools worship : As I am now disposed , I think I will neither borrow nor lend with it ; & yet I get my meat from Christ with nurture ; for seven times a day I am lifted up & casten down . My dumb Sabbaths burthen my heart & make it bleed : I want not fearful challenges & jealousies sometimes of Christ's love , that he hath casten me over the dike of the vineyard as a dry tree : But this is my infirmity : By his grace I take my self in these ravings : It is kindly that faith & love both be sick , & fevers are kindly to most joyful communion with Christ. Ye are blessed who avouch Christ openly before the Princes of this Kingdom , whose eyes are upon you : It is your glory to lift him up on his throne , to carry his tr●in & bear up the hem of his robe royal : He hath an hiding place for M. A. C. against the storm : goe on & fear not what man can doe : The saints seem to have ●he worst of it , [ for apprehensions can make a lye of Christ & of his love ] but it is not so : Providence is not rolled upon unequal & crooked wheels : All things work tog●ther for the good of these who love God & are called according to his purpose . Ere it be long we shall see the white side of God's Providence . My Brother's case hath moved me not a little : He wrote to me your care & kindness . Sir , the prisoner's blessings & prayers I trust shall not goe by you . He that is able to keep you & to present you before the presence of his face with joy , establish your heart in the love of Christ. Aberd. 19. Febr. 1637. Yours in his sweet Lord Iesus , S. R. To EARLESTOWN Younger . ( 97 ) Honoured & Dear Brother . GRace , mercy & peace be to you : I received your letter which refreshed my soul. I thank God the court is closed , I think shame of my part of it : I pass now from my unjust summonds of unkindness libelled against Christ my Lord : He is not such a Lord & Master as I took him to be , verily he is God , & I am dust & ashes : I took Christ's glooms to be as good as Scripture speaking wrath , but I have seen the other side of Christ & the white side of his cross now . I behooved to come to Aberdeen to learn a new mystery in Christ , that his promise is better to be beleeved then his looks , & that the devil can cause Christ's glooms speak a lie to a weak man : Nay , verily I was a childe before , all by-gones are but b●irns play : I would I could begin to be a Christian in sad earnest : I n●ed not blame Christ if I be not one , for he hath shewed me heaven & hell in Aberdeen : But the truth is , for all my sorrow , Christ is nothing in my debt ; for his comforts have refreshed my soul : I have heard & s●en him in his sweetness , so , as I am almost saying , it is not he that I was wont to meet with : He laugheth more chearfully , his kisses are more sweet & soul-refreshing then the kisses of the Christ I saw before were [ though he be the same ] or rather , the King hath led me up to a measure of joy & communion with my Bridegroom , that I never attained to before ; so that often I think , I will neither borrow nor lend with this world , I will not strike sail to crosses nor flatter them , to be quite of them as I have done . Come all crosses , welcome , welcome ! So I may get my heartfull of my Lord Jesus . I have been so near him as I have said , I take instruments this is the Lord , leave a token behinde thee that I may never forget this . Now what can Christ doe more to dâte one of his poor prisoners ? Therefore , Sir , I charge you in the name of my Lord Jesus , praise with me & shew to others what he hath done unto my soul. This is the fruit of my sufferings that I desire Christ's name may be spread abroad in this Kingdom in my behalf . I hope in God not to slander him again ; yet in all this I get not my feasts without some mixture of gall ; neither am I free of old jealousies , for he hath removed my lovers & friends far from me , he hath made my congregation desolate & taken away my crown : & my dumb sabbaths are like a stone tied to a bird's foot that wanteth not wings , they seem to hinder me to fleo : Were it not that I dare not say one word , but , Well done , Lord Iesus . We can in our prosperity sport our selves & be too bold with Christ , yea be that insolent as to chide with him ; but under the water we dare not speak . I wonder now of my sometimes boldness , to chide & quarrell Christ , to nickname Providence when it stroaked me against the hair ; but now swimming in the waters , I think my will is fallen to the ground of the water : I have lost it . I think I would fain ●et Christ alone & give him leave to doe with me what he pleaseth , if he would smile upon me . Verily we know not what an evil it is to spill & indulge our selves , & to make an idol of our will : I was once , I would not eat except I had wailed meat ; now I dare not complain of crumbs & pairings under his table : I was once that I would make the house adoe , if I saw not the world carved & set in order to my liking ; now I am silent when I see God hath set servants on horseback , & is fatning & feeding the children of perdition . I pray God I never finde my will again : Oh if Christ would subject my will to his & trample it under his feet , & liberate me from that lawless Lord. Now Sir , in your youth gather fast , your sun will mount to the Meridian quickly & thereafter decline : Be greedy of grace : Study above any thing , my dear Brother , to mortifie your lusts . Oh but pride of youth , vainty , lust , idolizing of the world & charming pleasures , take long time to root them out ! As far as ye are advanced in the way to heaven , as neer as ye are to Christ as much progress as ye have made in the way of mortification , ye will finde that ye are far behinde & have most of your work before you . I never took it to be so hard , to be dead to my lusts & to this world : When the day of visitation cometh & your old idols come weeping about you , ye will have much adoe not to break your heart , it 's best give up in time with them , so as ye could at a call quite your part of this world for a drink of water or a thing of nothing . Verily I have seen the best of this world , a moth-eaten , threed bare coat : I purpose to lay it aside being now hollie & old . O for my house above not made with hands ! Pray for Christ's prisoner & write to me : Remember my love to your mother : Desire her from me to make for removing ; the Lord's tide will not bide her ; & to seek an heavenly minde , that her heart may be often there . Grace , be with you . Aberd. Feb. 20. 1637. Yours & Christ's prisoner . S. R. To ROBERT GLENDINING [ 98 ] My Dear Friend GRace , mercy & peace be to you : I thank you most kindly for your care of me , & your love and respective kindness to my brother in his distresse : I pray the Lord ye may finde mercy in the day of Christ , & I entreat you Sir to consider the times ye live in , & that your soul is of more worth to you then the whole world , which in the day of the blowing of the last trumpet shall lie in white ashes , as an old castle burnt to nothing : & Remember that judgement & eternity is before you . My dear & worthy friend , let me entreat you in Christ's name , & by the salvation of your soul , & by your compearance before the dreadful & sin-revenging judge of the world , make your accounts ready : read them ere ye come to the water side ; for your after-noon will wear short , & your sun fall low and goe down : & ye know that this long time your Lord hath waited on you : O how comfortable a thing shall it be to you when time shall be no more & your soul shall depart out of the house of clay to vaste & endlesse eternity , to have your soul dressed up & prepared for your bridegroom ! No losse is comparable to the losse of the soul , there is no hope of regaining that losse . O how joyfull would my soul be to hear that ye would start to the gate , & contend for the crown , & leave all vanities , & make Christ your garland ! Let your soul put away your old lovers & let Christ have your whole love : I have some experience to write of this to you : My witnesse is in heaven , I would not exchange my chains & bonds for Christ , & my sighs ●or ten worlds glory . I judge this clay-idol that Adam's sons are rouping & selling their souls for , not worth a drink of cold water . O if your soul were in my soul's stead , how sick would ye be of love for that fairest one , that fairest among the sons of men ! Mayflowers & morning vapours & summer mist posteth not so fast away as these worm-eaten pleasures that we follow : We build castles in the air , & night dreams are our day idols that we dote on : Salvation , Salvation is our onely one necessarie thing . Sir , call home your thoughts to this work , to inquire for your welbeloved : This earth is the portion of bastards , seek the sons inheritance , & let Christ's truth be dear to you . I pawnd my salvation on it that this is the honour of Christ's Kingdom , I now suffer for [ & this world I hope shall not come between me & my garland ] & that this is the way to life . When ye & I shall lie lumps of pale clay upon the cold ground , our pleasures that we now naturally love , shall be lesse then nothing in that day : dear Brother , fulfill my joy & betake you to Christ without further delay , ye will be fain at length to seek to him or doe infinitly worse . Remember my love to your wife , grace be with you . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus . S. R. To WILLIAM GLENDINING . [ 99 ] Welbeloved & dear Brother . GRace , mercy and peace be to you : I thank you most kindly for your care & love to me , & in particular to my brother in hi● distresse in Edinburgh : Goe on thorow your waters without wearying , your guide knoweth the way , follow him & cast your ca●es & tentation upon him : & let not wormes , the sons of men affright you ; they shall die & the moth shall eat them : keep your garland , there is no lesse at the stake in this game betwixt us & the world then our conscience & salvation : we have need to take heed to the game , & not to yield to them : Let them take other things from us ; but here , in matters of conscience we must hold & draw with Kings , & set our selves in termes of opposition with the shields of the earth . O the sweet communion for evermore that hath been between Christ & his poor prisoner ! He wearieth not to be kinde : He is the fairest sight I see in Aberd : or any part that ever my feet were in . Remember my hearty kindness to your wife , I desire her to beleeve & lay her cares on God , & make fast work of salvation . Grace be with you . Aberd. March. 13. 1637. Yours in his onely Lord Iesus , S. R. To JEAN BROWN . [ 100 ] Welbeloved and dear Sister . GRace , mercy & peace be to you : I received your letter , which I esteem an evidence of your Christian affection to me , & of your love to my honourable Lord & Master . My desire is that your communion with Christ may grow , & that your reckonings may be put by hand with your Lord , ere ye come to the water side . O who knoweth how sweet Christs ' kisses are ! who hath been more kindly embraced & kissed then I his banished prisoner ? If the comparison could stand , I would not exchange Christ with heaven it self : He hath left a dart & arrow of love in my soul , & it paineth me till he come & take it out : I finde pain of these wounds because I would have possession . I know now this worm-eaten apple , the plaistered rotten world , that the silly Children of this world are beating & buffetting & pulling others ears for ; is a portion for bastards good enough : & that is all they have to look for . I offend not that my adversaries stay at home at their own fire-side with more yearly rent then I ; should I be angry that the good-man of this house of the world casteth a dog a bone to hurt his teeth ? he hath taught me to be content with a borrowed fire-side & an uncouth bed : & I think I have lost nothing , the in come is so great . O what telling is in Christ ! O how weighty is my fair garland , my crown , my fair supping-hall in glory , where I shall be above the blowes and buffettings of Prelats ! Let this be your desire & let your thoughts dwell much upon that blessednesse that abideth you in the other world : The fair side of the world will be turned to you quickly , when ye shall see the crown : I hope ye are neer your lodging : O but I would think my self blessed for my part to win the house before the shower come on ! For God hath a quiver full of arrowes to shoot at & shower down upon Scotland . Ye have the prayers of a prisoner of Christ. I desire Patrick to give Christ his young love even the flower of it , and put it by all others it were good to start soon to the way : He should thereby have a great advantage in the evil day . Grace be with you . Aberd. March. 7. 1637. Yours in his onely Lord Iesus , S. R. To Mr JOHN FERGUSHILL . [ 101 ] Reverend and welbeloved in the Lord. I Was refreshed with your letter : I am sorry for that lingering and long some visitation that is upon your wife ; but I know ye take it as a mark of a lawfully begotten childe & not of a bastard to be under your father's rod : till ye be in heaven it will be but foul weather , one shower up & another down : The lintel-stones & pillars of the new Jerusalem suffer moe knocks of God's hammer & tool , then the common side-wall stones : & if twenty crosses be written for you in God's book , they will come to ninteen & then at last to one , & after that nothing but your head betwixt Christ's breasts for evermore : & his own soft hand to dry your face & wipe away your teares . As for publike sufferings for his truth , your Master also will see to these : Let us put him in his own office , to comfort & deliver : the gloom of Christ's crosse is worse then it self . I cannot keep up what he hath done to my soul : My dear Brother , will I not get help of you to praise & to lift Christ up on high ? He hath pained me with his love , & hath left a love arrow in my heart that hath made a wound & swelled me up with desires , so , that I am to be pitied for want of reall possession : love would have the company of the party loved : & my greatest pain is the want of him , not of his joyes & comforts , but of a neer union , & communion . This is his truth I am fully perswaded I now suffer for : For Christ hath taken upon him to be witnesse to it , by his sweet comforts to my soul ; & shall I think him a false witnesse , or that he would subscribe blank paper ? I thank his high and dreadfull name , for what he hath given , I hope to keep his seal & his pawne till he come & loose it himself . I defie hell to put me off it , but he is Christ & he hath met with his prisoner : & I took instruments in his own hand , that it was he & no other for him . When the Devil fenceth a bastard court in my Lord's ground & giveth me forged summonds , it will be my shame to misbeleeve after such a fair broad seal : & yet Satan & my apprehension sometimes make a lye of Christ , as if he hated me ; but I dare beleeve no evil of Christ : if he would cool my lovefever for himself with reall presence & possession , I would be rich ; but I dare not be mislearned and seek more in that kinde ; howbeit it be no shame to beg at Christ's door . I pity my adversaries , I grudge not that my Lord keepeth them at their own fire-side , & hath given me a borrowed b●d & a borrowed fire-side . Let the good-man of the house cast a dog a bone why should I offend ? I rejoyce that the broken bark shall come to land , & that Christ will on the shore welcome the sea-sick passenger . We have need of a great stock against this day of trial that is coming ; neither chaff nor corn in Scotland , but it shall once passe thorow God's sieve . Praise , praise , & pray for me ; for I cannot forget you : I know ye will be friendly to my afflicted brother , who is now embarked in the same cause with me : Let him have your counsel & comforts . Remember my love in Christ to your wife , her health is coming and her salvation sleepeth not . Ye have the prayers and blessing of a prisoner of Christ Sowe fast , deal bread plentifully : The pantry door will be locked on the bairns in appearance ere long . Grace , grace be with you . Aberd. March. 7. 1637. Yours in his sweet Lord. Iesus , S. R. To his reverend & dear Brother , Mr ROBERT DOUGLASS . [ 102 ] My very reverend and dear Brother . GRace , mercy & peace be to you : I long to see you in paper . I cannot but write to you that this which I now suffer for , is Christ's truth ; because he hath been pleased to seal my sufferings with joy unspeakable & glorious : I know he will not put his seal upon blank paper : Christ hath not dumb seals , neither will he be witness to a lye . I beseech you , my dear Brother , help me to praise & to lift Christ up on his throne above the shields of the earth . I am astonished & confounded at the greatness of his Kindness to such a sinner . I know , Christ & I shall never be even , I shall die in his debt : He hath left an arrow in my heart that paineth me for want of reall possession : & hell cannot quench this coal of God's kindling . I wish no man slander Christ or his crosse for my cause ; for I have much cause to speak much good of him : He hath brought me to a nick & degree of communion with himself that I knew not before . The din & gloom of our Lord's cross , is more fearfull & hard then the cross it self : He taketh the bairns in his arms when they come to a deep water , at least when they lose ground , & are put to swim , then his hand is under their chin . Let me be helped by your prayers , & remember my love to your kinde wife . Grace be with you . Aberd. March. 7. 1637. Your Brother and Christ's prisoner . S , R. To his loving friend JOHN HENDERSON . ( 103. ) Loving friend . COntinue in the love of Christ & the doctrine which I taught you faithfully & painfully according to my measure : I am free of your blood : Fear the dreadfull , name of God : Keep in minde the examinations which I taught you , & love the truth of God. Death , as fast as time flyeth , chaseth you out of this life : It is possible ye make your reckoning with your judge before I see you ; let salvation be your care night & day , & set aside hours & times of the day for prayer . I rejoyce to hear that there is prayer is your house : See that your servants keep the Lord's day . This dirt & god of clay , I mean the vain world , is not worth the seeking . An hireling pastor is to be thrust in upon you , in the room to which I have Christ's warrand & right : Stand to your liberties , for the word of God alloweth you a vote in chusing your Pastor . What I write to you , I write to your wife : commend me heartily to her . The grace of God be with you . Aberd. March. 14. 1637. Your loving friend and Pastor . S. R. To Mr HUGH HENDERSON . ( 104 ) My reverend and dear Brother . I hear ye bear the marks of Christ's dying about with you , & that your brethren have cast you out for your Master's sake : Let us wait on till the evening & till our reckoning in black & white come before our Master . Brother , since we must have a devil to trouble us , I love a raging devil best : Our Lord knoweth what for of devil we have need of : It is best Satan be in his own skin & look like himself : Christ weeping looketh like himself also , with whom Scribes & Pharisees were at yea & nay & sharpe contradiction . Ye have heard of the patience of Iob , when he lay in the ashes , God was with him clawing & curing his scabs , & letting out his boils , & comforting his soul , & he took him up at last : That God is not dead yet , he will stoop & take up fallen bairns : many broken legs since Adam's dayes hath he spelked , & many weary hearts hath he refreshed . Bless him for comfort : Why ? None cometh dry from David's well ; let us goe amongst the rest & cast down our toom buckets into Christ's Ocean & suck consolations out of him : We are not so sore striken , but we may fill Christ's hall with weeping : We have not gotten our answer from him yet : Let us lay up our broken plea's to a full sea , & keep them till the day of Christ's coming : We and this world will not be even till then : They would take our garment from us , but let us hold & them draw . Brother , it is a strange world if we laugh not : I never saw the like of it , if there be not paiks the man for this contempt done to the Son of God ? We must doe as these who keep the bloody napkin to the Bailiffe & let him see blood : we must keep our wrongs to our Judge & let him see our bluddered & foul faces : Prisoners of hope must run to Christ with the gutters that tears have made on their cheeks . Brother , for my self , I am Christ's dâted one for the present , & I live upon no deaf nuts [ as we use to speak ] he hath opened fountains to me in the wilderness : Goe look to my Lord Jesus , his love to me is such that I defie the world to finde either brim or bottom in it . Grace be with you . Aberd. March. 13. 1637. Your Brother in his sweet Lord Iesus . S. R. To the Lady ROBERTLAND . [ 105. ] MISTRESS . GRace , mercy & peace be to you : I shall be glad to hear that your soul prospereth & that fruit groweth upon you after the Lord's husbandry & pains in his rod , that hath not been a stranger to you from your youth . It is the Lord's kindness that he will take the scum off us in the fire : Who knoweth how needfull winnowing is to us , & what dross we must want ere we enter into the Kingdom of God ? So narrow is the entry to heaven that our knots , our bunches & lumps of pride , and self-love , & idol-love , & world-love must be hammered off us , that we may throng in , stooping low & creeping thorow that narrow & thorny entry . And now for my self , I finde it the most sweet & heavenly life , to take up house & dwelling at Christ's fire-side , & set down my tent upon Christ that foundation-stone , who is sure & faithfull ground & hard under foot . Oh if I could win to it & proclaim my self not the world's debter , nor a lover obliged to it ; & that I minde not to hire or bud this world's love any longer ; but defie the kindness & feud of God's whole creation whatsomever ; especially the lower vault & clay part of God's creatures , this vain earth : For what hold I of his world ? A borrowed lodging & some years house-room , & bread & water , & fire & bed & candle , &c. are all a part of the pension of my King & Lord to whom I ow thanks & not to a creature . I thank God that God is God , & Christ is Christ , & the earth the earth , & the Devil the devil , and the world the world , & that sin is sin , and that every thing is what it is : Because he hath taught me in my wilderness not to shuffle my Lord Jesus , nor to intermix him with creature-vanities , nor to spin or twine Christ or his sweet love in one web , or in one threed with the world and the things thereof . Oh if I could hold and keep Christ all alone and mix him with nothing ! O if I could cry down the price and weight of my cursed self and cry up the price of Christ , and double & triple and augment and heighten to millions the price & worth of Christ ! I am [ if I durst speak so & might lawfully complain ] so hungredly tutoured by Christ Jesus my liberall Lord , that his nice love which my soul would be in hands with , flyeth me ; & yet I am trained on to love him , & lust & long & die for his love whom I cannot see : it is a wonder to pine away with love for a covered & hid lover , & to be hungred with his love , so as a poor soul cannot get his fill of hunger for Christ : It is hard to be hungered of hunger , whereof such abundance for other things is in the world : But sure if we were tutours and stewards and Masters , and Lordcarvers of Christ's love , we should be more lean & worse fed then we are : Our meat doeth us the more good , that Christ keepeth the keys , & that the wind & the air of Christ's sweet breathing & of the influence of his spirit is locked up in the hands of the good pleasure of him , who bloweth where he listeth : I see there is a sort of impatient patience required in the want of Christ as to his manifestations , & waiting on : They thrive who wait on his love & the blowing of it & the turning of his gracious wind ; & they thrive who in that on-waiting make haste and din and much adoe for their lost and hidden Lord Jesus : However it be , God feed me with him any way . If he would come in , I shall not dispute the matter , where he got a hole , or how he opened the lock : I should be content that Christ and I met , suppose he should stand on the other side of hell's lake and cry to me , Either put in your foot & come through , else ye shall not have me at all . But what fools are we in the taking up of him and of his dealing ! He hath a gate of his own beyond the thoughts of men , that no foot hath skill to follow him : But we are still ill Scholars and will goe in at heavens gates wanting the half of our lesson , and shall still be bairns so long as we are under time's hands , and till eternity cause a sun to arise in our souls that shall give us wit. We may see how we spill and ma● our own fair heaven and our salvation , and how Christ is every day putting in one bone or other in these fallen souls of ours , in the right place again : and that in this side of the new Ierusalem , we shall still have need of forgiving and healing grace . I finde crosses Christ's carved work that he marketh out for us , and that with crosses he figureth & pourtraieth us to his own image , cutting away pieces of our ill & corruption : Lord cut , Lord carve , Lord wound , Lord doe any thing that may perfect thy Father's image in us & make us meet for glory . Pray for me [ I forget not you ] that our Lord would be pleased to lend me house-room to preach his righteousness & tell what I have heard & seen of him . Forget not Zion that is now in Christ's calmes & in his forge : God bring her out new work . Grace , grace be with you . Aberd. Jan. 4. 1638. Yours in his sweet Lord Iesus . S. R. To the Earle of Cassills . [ 106 ] Right honourable & my very good Lord. GRace , mercy & peace be to your Lo : I hope your Lo : Will be pleased to pardon my boldness , if [ upon report of your zealous & forward minde that I hear our Lord hath given you in this his honourable cause , when Christ & his Gospel are so foully wronged ] I speak to your Lo : in paper , entreating your Lo : to goe on in the strength of the Lord toward , and against a storm of Antichristian wind , that bloweth upon the face of this your poor mother-Church , Christ's lilie amongst the thorns . It is your Lo : Glory & happiness when ye see such a blow coming upon Christ , to cast up your arm to prevent it : Neither is it a cause that needeth to blush before the sun , or to flee the sentence or censure of impartial beholders , seeing the Question indeed [ if it were rightly stated ] is about the Prerogative royal of our princely & royal law-giver , our Lord Jesus , whose ancient march-stones & land-bounds our bastard Lord's , the earthly generation of tyrannizing Prelats , have boldly & shamefully removed : & they who have but-half an eye may see that it is the greedy desires of Demas's and the itching scab of ambitous and climbing Diotrephes's [ who love the goat's life to climb till they cannot finde a way to set their soles on ground again ] that hath made such a wide breach in our Zion's beautifull walls : and these are the men who seek no hire for the crucifying of Christ , but his coat . Oh how forlorn & desolate is the Bride of Christ made to all passers by ! Who seeth not Christ buried in this land , his prophets hidden in caves , silenced , banished & imprisoned ; Truth weeping in sackcloth before the Judges , Parliament & the Rulers of the land ? But her bill is cast by them , & Holiness hideth it self , fearing the streets for the reporoaches & persecution of men : Justice is fallen a swoon in the gate , & the long shadows of the evening are stretched out upon us : Woe , woe to us , for our day flyeth away : what remaineth but that the Antichrist set down his tent in the midst of us , except your Lo : & others with you read Christ's supplication , & give him that which the most lewd and scandalous wretches in this land may have before a judge , even the poor man's due , law and justice for God's sake . O therefore , my noble & dear Lord , as ye have begun , goe on in the mighty power and strength of the Lord , to cause our Lord in his Gospel and afflicted members laugh , & to cause the Christian Churches [ whose eyes are all now upon you ] to sing for joy , when Scotland's moon shall shine like the light of the sun , & the sun like the light of seven dayes in one : ye can doe noless then run & bear up the head of your dying & swooning mother-Church , & plead for the production of her ancient charters : They hold out and put out , they hold in and bring in at their pleasure men in God's house ; they stole the keys from Christ and his Church , and came in like the thief & the robber , not by the door Christ ; & now their song is , Authority , Authority , obedience to Church-Governours . When such a bastard & lawless pretended step-dame as our prelacy is gone mad , it is your place who are the Nobles to rise & binde them ; at least , law should fetter such wilde bulls as they are , who push all who oppose themselves to their domination . Alas ! What have we lost since Prelats were made Master coiners to change our gold in brass , and to mix the Lord's wine with their water ? Blessed for ever shall ye be of the Lord if ye help Christ against the mighty , and shall deliver the flock of God scattered upon the mountains in the dark & cloudy day , out of the hands of these idol-shepherds . Fear not men that shall be moth-eaten-clay that shall be rolled up in a chest , & casten under the earth : Let the holy one of Israel be your fear , & be couragious for the Lord and his truth . Remember your accounts coming upon you with wings , as fast as time posteth away : Remember what peace with God in Christ & the presence of the Son of God in the revealed & felt sweetness of his love , will be to you , when eternity shall put time to the door , & ye shall take good-night at Time , & this little shepherd's tent of clay , this Innes of a borrowed earth . I hope your Lo : is now & then sending out thoughts to view this world's naughtiness & vanity & the hoped-for glory of the life to come , & that ye resolve that Christ shall have your self & all yours at command for him , his honour & Gospel . Thus trusting your Lo : Will pardon my boldness , I pray that the onely wise God , the very God of peace , may preserve , strengthen & establish you to the end . Aberd. 1637. Your Lo : at all command & obedience in Chrst. S. R. To the Lady ROVVALAND . [ 107 ] MADAM . THough not acquainted I am bold in Christ to speak to vour La : in paper : I rejoyce in our Lord Jesus on your behalf , that it hath pleased him [ whose love to you is as old as himself ] to manifest the savour of his love in Christ Jesus to your soul ; in the revelation of his will & minde to you , now , when so many are shut up in unbelief . O the sweet change ye have made , in leaving the black kingdom of this world & sin , & coming over to our bridegroom 's new kingdom , to know & to be taken with the love of the beautifull Son of God. I beseech you , Madam , in the Lord make now sure work , & see that the old house be casten down , & razed from the foundation , and that the new building of your soul be of Christ's own laying ; for then wind and storm shall neither loose it , nor shake it asunder . Many now take Christ by guess : Be sure that it be he , and onely he whom ye have met with : His sweet smell , his lovely voyce , his fair face , his sweet working in the soul will not lye , they will soon tell if it be Christ indeed [ & I think your love to the saints speaketh that it is he ] & therefore I say , be sure that ye take Christ himself , & take him with his father's blessing : his father alloweth him well upon , you , your lines are well fallen , it could not have been better , nor so well with you if they had not fallen in these places : In heaven or out of heaven there is nothing better , nothing so sweet & excellent as the thing ye have lighted on , & therefore hold you with Christ : Joy , much joy may ye have of him : But take his cross with himself cheerfully : Christ and his cross are not separable in this life ; howbeit Christ & his cross part at heaven's door , for there is no house-room for crosses in heaven : one tear , one sigh , one sad heart , one fear , one losse , or thought of trouble cannot finde lodging there : they are but the markes of our Lord Jesus down in this wide innes & stormy countrey on this side of death : Sorrow & the saints are not married together , of suppose it were so , heaven shall make a divorce . I finde his sweet presence eateth out the bitterness of sorrow & suffering . I think it a sweet thing that Christ saith of my cross Halfmine , & that he divideth these sufferings with me & taketh the largest share to himself ; nay that I & my whole cross are wholly Christ's . O what a portion is Christ ! O that the saints would dig deeper in the treasures of his wisdom & excellency ! Thus recommending your La : to the goodwill & tender mercies of our Lord , I rest Aberd. Sept. 7. 1637 Yours La : in his sweet Lord Iesus , S. R. To ROBERT GORDON . Of Knockbrex . ( 108 ) My very worthy & dear Friend . GRace , mercy & peace be unto you : Though all Galloway should have forgotten me I would have expected a letter from you ere now : But I will not expound it to be forgetfulness of me . Now , My dear Brother , I cannot shew you how matters goe betwixt Christ and me : I finde my Lord going and coming seven times a day : His visits are short , but they are both frequent & sweet . I dare not for my life think of a challenge of my Lord : I hear ill tales , & hard reports of Christ from the Tempter and my flesh ; but love beleeveth no evil : I may swear that they are lyars , and that apprehensions make lyes of Christ's honest and unalterable love to me . I dare not say that I am a dry tree , or that I have no room at all in the vineyard ; but yet I often think that the sparrows are blessed who may resort to the house of God in Anwoth , from which I am banished . Temptations that I supposed to be striken dead and laid upon their back , rise again and revive upon me ; yea . I see that while I live temptations will not die : The devil seemeth to brag & boast as much , as if he had more court with Christ then I have , & as if he had charmed & blasted my ministery that I shall doe no more good in publike ; but his wind shaketh no corn : I will not beleeve Christ would have made such a mint to have me to himself , and have taken so much pains upon me as he hath done , and then slip so easily from possession , and lose the glory of what he had done ; Nay , since I came to Aberden I have been taken up to see the new land , the fair palace of the Lamb : And will Christ let me see heaven to break my heart , & never give it to me ? I shall not think my Lord Jesus giveth a dumb earnest , or putteth his seal● to blank paper , or intendeth to put me off with fair and false promises : I see that now , which I never saw well before . 1. I see faith's necessity in a fair day is never known aright ; but now I miss nothing somuch as faith : Hunger in me runneth to fair and sweet promises , but when I come , I am like a hungry man that wanteth teeth , or a weak stomack having a sharp appetite that is filled with the very sight of meat ; or lik one stupified with cold under the water that would fain come to land , but cannot grip any thing casten to him : I can let Christ grip me , but I cannot grip him : I love to be kissed and to sit on Christ's knee ; but I cannot set my feet to the ground , for afflictions bring the cramp upon my faith : All I dow doe is to hold out a lame faith to Christ , like a begger holding out a stump in stead of an arm or leg and cry Lord Iesus work a miracle . O what would I give to have hands & arms to grip strongly & fold heart somly about Christ's neck , & to have my claim made good with reall possession ! I think my love to Christ hath feet abundance , & ruinneth swiftly to be at him , but it wanteth hands and fingers to apprehend him . I think I would give Christ every morning my blessing , to have as much faith as I have love & hunger ; at least I miss faith more then love & hunger . 2. I see mortification , & to be crucified to the world is not so highly accounted of by us as it should be . O how heavenly a thing is it to be dead & dumb & deaf to this world 's sweet musick ! I confess it hath pleased his Majesty to make me laugh at children who are wooing this world for their match : I see men lying about the world , as Nobles about a King's court ; & I wonder what they are a doing there : As I am at this present I would scorn to court such a feckless & petty Princesse , or buy this world's kindness with a bow of my knee . I scarce now either hear or see what it is that this world offereth me ; I know it 's little it can take from me , & as little it can give me . I recommend Mortification to you above any thing : For alas we but chase feathers flying in the air , & tire our own spirits for the froth & overguilded clay of a dying life : One sight of what my Lord hath let me see within this short time is worth a world of worlds . 3. I thought courage in the time of trouble for Christ's sake , a t●ing that I might take up at my foot , I thought the very remembrance of the honesty of the cause would be enough ; but I was a fool in so thinking : I have much adoe now , to win to one smile ; but I see joy groweth up in heaven , & it is above our short arm : Christ will be steward & dispenser himself , & non● else but He : Therefore , now , I count much of one dram weight of spirituall joy ; one smile of Christ's face , is now to me as a Kingdom , & yet he is no niggard to me of comforts : Truly I have no cause to say that I am pinched with penury or that the consolations of Christ are dried up , for he hath poured down rivers upon a dry wilderness the like of me to my admiration : & in my very swoonings he holdeth up my head , & stayeth me with flagons of wine & comforteth me with apples : My house & bed is strowed with kisses of love . Praise , praise with me . O if ye & I betwixt us could lift up Christ upon his throne , howbeit all Scotland should cast him down to the ground ! My Brother's case toucheth me neer , I hope ye will be kinde to him & give him your best counsel : Remember my love to your Brother , to your wife & G. M. desire him to be faithfull & repent of his hypocrisie , and say that I wrote it to you : I wish him salvation : Write to me your minde anent . C. E. And C. Y. And their wives . & I. G. Or any others in my parish : I fear I am forgotten amongst them ; but I cannot forget them . The prisoner's prayers and blessing come upon you : Grace , grace be with you . Aberd. Feb , 9. 1637. Your Brother in the Lord Iesus ▪ S. R. To my Lord. BALMERINOCH . [ 109 ] My very Noble & truly honourable Lord. I Make bold to write newes to your Lo : from my prison , though your Lo : have experience more then I can have . At my first entry here , I was not a little casten down with challenges for old unrepented of sins , & Satan & my own apprehensions made a lye of Christ , that he had casten a dry withered tree over the dike of the vineyard ; but it was my folly , blessed be his great name the fire cannot burn the dry tree : He is pleased no● to feast the exiled prisoner with his lovely presence , for it suiteth Christ well to be kinde , & he dineth & suppeth with such a sinner as I am . I am in Christ's tutouring here ; He hath made me content with a borrowed fire-side , & it casteth as much heat , as mine own : I want nothing at all but reall possession of Christ : And he hath given me a pawne of that also , which I hope to keep till he come himself to loose the pawne . I cannot get help to praise his high name : He hath made me a King over my losses , imprisonment , banishment & onely my dumb sabbaths stick in my throat : But I forgive Christ's wisdom in that : I dare not say one word : He hath done it & I will lay my hand upon my mouth : If any other had done it to me , I could not have born it . Now My Lord , I must tell your Lo : That I would not give a drink of cold water for this clay idol , this plaistered world . I testifie & give it under mine own hand , that Christ is most worthy to be suffered for . Our lazie flesh [ which would have Christ to cry down crosses by open proclamation ] hath but raised a slander upon the cross of Christ. My Lord , I hope ye i will not forget what he hath done for your soul : I think ye are n Christ's count-book as his obliged debter . Grace , grace be with your spirit . Aberd. March. 13. 1637. Your Lo : obliged Servant , S. R. To ALEXANDER GORDON . Of Knockgray . ( 110 ) Dear . Brother . GRace , mercy & peace , be to you : I long to hear how your soul prospereth : I expected letters from you ere now . As for my self I am here in good case , well feasted with a great King : At my first coming here , I was that bold as to to take up a jealousie of Christ's love : I said I was cast over the dike of the Lord's vineyard as a dry tree ; but I see if I had been a withered branch , the fire would have burnt me long ere now : blessed be his high name who hath kept sap in the dry tree : & now as if Christ had done the wrong , he hath made the mends , & hath miskent my ravings [ for a man under the water cannot well command his wit , far less his faith & love ] because it was a fever , my Lord Jesus forgave me that among the rest : He knoweth , in our afflictions we can finde a spot in the fairest face that ever was , even in Christ's face : I would not have beleeved that a gloom should have made me to misken my old Master ; But we must be whiles sick : Sickness is but kindly to both faith & Love. But O how execedingly is a poor dâted prisoner obliged to sweet Jesus ! My tears are sweeter to me , then the laughter of the fourteen Prelats to them : The worst of Christ , even his chaff , is better then the world's corn . Dear Brother , I beseech you , I charge you in the name & authority of the Son of God , help me to praise his highness , & I charge you also to tell all your acquaintance , that my Master may get many thanks . O if my hairs , all my members and all my bones , were well tuned tongues to sing the high praises of my great & glorious King ! Help me to lift Christ up upon his throne , & to lift him up above all the thrones of the clay Kings , the dying scepter-bearers of this world . The prisoner's blessing , the blessing of him that is separated from his brethren , be upon them all who will lend me a lift in this work : Shew this to that people with you to whom sometimes I preached . Brother , my Lord hath brought me to this , that I will not flatter the world for a drink of water : I am no debter to clay , Christ hath made me dead to that : I now wonder that ever I was such a Childe long since , as to beg at such beggers : Fy upon us , who wooe such a black skinned harlot ; when we may get such a fair , fair match up in heaven . Oh that I could give up with this clay-idol , this masked painted overguilded dirt , that Adam's sons adore ! We make an idol of our Will : as many iusts in us as many Gods : We are all God-makers : We are like to lose Christ the true God in the throng of these new & false Gods. Scotland hath cast her crown off her head : The virgin Daughter hath lost her garland : woe , woe to our harlot mother : Our day is coming , a time when women shall wish they had been childless , & fathers shall bless miscarrying wombs & dry breasts : many houses , great & fair , shall be desolate . This Kirk shall sit on the ground all the night & the tears shall run down her cheeks : The sun hath gone down upon her Prophets : Blessed are the prisoners of hope who can run in to their strong hold , & hide themselves for a little till the indignation be overpast . Commend me to your Wife , your Daughters , your Son in law , & to A. T. write to me of the case of your Kirk . Grace be with you . I am much moved for my Brother , I entreat for your kindness & counsel to him . Aberd. Feb. 23. 1637. Yours in his sweet Lord Iesus , S. R. To my Lady MARRE Younger . ( 111. ) My Very noble & dear Lady . GRace , mercy & peace be to you : I received your La : letter , which hath comforted my soul. God give you to finde mercy in the day of Christ. I am in as good termes and court with Christ , as an exiled oppressed prisoner of Christ can be : I am still welcome to his house , he knoweth my knock & letteth in a poor friend : Under this black rough tree of the cross of Christ , he hath ravished me with his love , & taken my heart to heaven with him : well & long may he bruik it . I would not niffer Christ with all the joyes that man or Angel can devise beside him . Who hath such cause to speak honourably of Christ as I have ? Christ is King of all crosses & he hath made his saints little Kings under him , & he can ride & triumph upon weaker bodies then I am [ if any can be weaker ] & his horse will neither fall nor stumble . Madam , your La : hath much adoe with Christ for your soul , husband , children , & house : Let him finde much employment for his calling with you ; for he is such a friend as delighteth to be burdened with sutes and employments , and the more ye lay on him and the more homely ye be with him , the more welcome . O the depth of Christ's love ! It hath neither brim nor bottom . O if this blinde world saw his beauty ! When I count with him for his mercies to me , I must stand still & wonder & goe away as a poor dyvour who hath nothing to pay : Free forgiveness is my payment . I would I could get him set on high , for his love hath made me sick & I die except I get reall possession . Grace , grace be with you . Aberd. March. 13. 1367. Your La : at all obedience in Christ. S. R. To JAMES Mc ADAM . ( 112 ) My very dear & worthyfriend . GRace , mercy & peace be to you : I long to hear of your growing in grace , & of your advancing in your journey to heaven : It will be the joy of my heart to hear that ye hold your face up the brae & wade through tentations without fearing what man can doe . Christ shall , when he ariseth , mowe down his enemies & lay bulks [ as they use to speak ] on the green & fill the pits with dead bodies , Psal. 110 : 6. they shall lie like handfulls of withered hay when he ariseth to the prey . Salvation , Salvation is the onely necessary thing : this clay-idol , the World , is not to be sought , it is a morsel not for you , but for hunger-bitten bastards . Contend for Salvation : Your Master Christ , won heaven with strokes : It is a besieged castle , it must be taken with violence . Oh , this world thinketh heaven but at the next door , & that godliness may sleep in a bed of downs till it come to heaven ; but that will not doe it . For my self , I am as well as Christ's prisoner can be : For by him , I am master & King of all my crosses ; I am above the prison & the lash of mens tongues : Christ triumpheth in me . I have been casten down & heavie with fears & hunted with challenges , I was swimming in the depths ; but Christ had his hand under my chin all the time & took good heed that I should not lose breath : And now I have gotten my feet again , & there are love-feasts of joy & spring-tides of consolation betwixt Christ & me : We agree well , I have court with him , I am still welcome to his house . O my short arms cannot fathom his love ! I beseech you , I charge you help me to praise : Ye have a prisoner's prayers , therefore forget me not . I desire Sibilla to remember me dearly to all in that Parish who know Christ , as if I had named them . Grace , grace be with you . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus , S. R. To my very dear Brother VVILLIAM LIVINGSTONE . ( 113 ) My very dear Brother . I Rejoyce to hear that Christ hath run away with your young love & that ye are so early in the morning matched with such a Lord ; for a young man is often a dressed lodging for the devil to dwell in : be humble and thankfull for grace , & weigh it not so much by weight as if it be true : Christ will not cast water on your smoking coal , he never yet put out a dim candle that was lighted at the sun of righteousness . I recommend to you prayer & watching over the sins of your youth ; for I know missive letters goe between the Devil & young blood ; Satan hath a friend at court in the heart o● youth , & there , pride , luxury , lust , revenge , forgetfulness of God are hired as his agents : happy is your soul if Christ man the house & take the keys himself & command all [ as it suiteth him full well to rule all where ever he is ] keep him & entertain Christ well , cherish his grace , blow upon your own coal , & let him tutour you . Now for my self , know I am fully agreed with my Lord : Christ hath put the father & me in other's arms , many a sweet bargain he made before , & he hath made this among the rest . I reign as King over my crosses , I will not flatter a temptation nor give the Devil a good word , I defie Hell's iron gates : God hath past over my quarrelling of him at my entry here , & now he feedeth & feasteth with me : praise , praise with me & let us exalt his name together . Aberd. March. 13. 1637. Your brother in Christ , S. R. To WILLIAM GORDON . of VVhite parke . ( 114 ) Worthy Sir. GRace , mercy & peace be unto you : I long to hear from you : I am here the Lord's prisoner & patient , handled as softly by my Physician as if I were a sick man under cure . I was at hard terms with my Lord & pleaded with him ; But I had the worst side : It is a wonder he should have suffered the like of me to have nicknamed the Son of his love Christ , & to call him a changed Lord who had forsaken me ; but misbelief hath never a good word to speak of Christ. The dross of my cross , gathered a scum of fearsin the fire , doubtings , impatience , unbelief , challenging of providence as sleeping , & not regarding my sorrow ; but my gold smith Christ was pleased to take off the scum & burn it in the fire : And blessed be my finer he hath made the metall better & furnished new supply of grace to cause me hold out weight & I hope hath not loosed one grain weight by burning his servant . Now his love in my heart casteth a mighty heat : He knoweth that the desire I have to be at hims●lf paineth me : I have sick nights & frequent fits of love-fevers for my welbeloved : Nothing paineth me now but want of presence : I think it long till day : I challenge time as too slow in it's pace , that holdeth my onely , onely fair one , my love , my welbeloved from me : O if we were together once ! I am like an old crazed ship that hath endured many storms & that would fain be in the lee of the shore , & feareth new storms : I would be that nigh heaven , that the shadow of it might break the force of the storm & the crazed ship might win to land . My Lord's s●n casteth a heat of love & beam of light on my soul. My blessing thrice every day upon the sweet cross of Christ : I am not ashamed of my garland The banished ●inister . [ which is the term of Aberden ] Love , Love defieth reproaches : The love of Christ hath a croslet of proof on it , & arrows will not draw blood of it : We are more then conquerours through the blood of him that hath loved us , Rom. 8. The devil , & the world they cannot wound the love of Christ. I am further from yeelding to the course of defection then when I came hither : sufferings blunt not the fiery edge of love : Cast love in the floods of hell it will swim above : it careth not for the world 's busked and plaistered offers . It hath pleased my Lord so to lyne my heart with the love of my Lord Jesus , that as if the field were already won , & I on the other side of time , I laugh at the world 's golden pleasures & at this dirtie Idol that the sons of Adam worship : This worm-eaten God , is that which my soul hath fallen out of love with . Sir , ye were once my hearer : I desire now to hear from you & your wife : I salute her & your children with blessings : I am glad that ye are still hand-fasted with Christ : goe on in your journey & take the city by violence : Keep your garments clean : Be clean virgins to your husband the Lamb : the world shall follow you to heaven's gates ; & ye would not wish it to goe in with you : Keep fast Christ's love : Pray for me as I doe for you : the Lord Jesus be with your Spirit . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus . S. R. To Mr GEORGE GILLESPIE . [ 115 ] Reverend & dear Brother . I Received your letter : as for my case Brother , I bless his glorious name , my losses are my gain , my prison a palace , & my sadness joyfulness . At my first entry , my apprehensions wrought so upon my cross , that I bec●me jealouse of the love of Christ , as being by him thrust out of the vineyard , & I was under great challenges , [ as ordinarily melted gold casteth first a drossie scum , & Satan & our corruption form the first words that the heavy cross speaketh & say ●od is angry . He loveth you not . ] But our apprehensions are not cannonicall : they dite lyes ' of God & Christ's love ; but since my spirit was setled , & the clay fallen to the bottom of the well , I see better what Christ was doing : And now my Lord is returned with salvation under his wings , now I want little of half a heaven , & I finde Christ every day so sweet , comfortable , lovely & Kinde , as three things onely trouble me . 1. I see not how to be thankfull , or how to get help to praise that royall King who raiseth up these that are bowed down . 2. His love paineth me & woundeth my soul , so as I am in a fever for want of reall presence . 3. An excessive desire to take instruments in God's name , that this is Christ & his truth I now suffer for , yea the apple of the eye of Christ's honour , even the Soveraignity & royall priviledges of our King & law-giver Christ : & therefore let no man scar at Christ's cross , or raise an ill report upon him or it ; for he beareth the sufferer & it both . I am here troubled with the disputes of the great Doctors [ especially with D. B. in Ceremoniall & Arminian controver●●es for all are corrupt here ] but I thank God , with no detriment to the truth , or discredit to my profession : So then I see that Christ can triumph in a weaker man nor I , & who can be more weak ? But his grace is sufficient for me . Brother remember our old Covenant , & pray for me , & write to me your case . The Lord Jesus be with your spirit . Aberd. March. 13. 1637. Yours in his sweet Lord Iesus , S. R. To JOHN MEINE . ( 116 ) Dear Brother . GRace , mercy & peace be unto you : I wonder ye sent me ●ot an answer to my last letter ; for I stand in need of it : I am still 〈◊〉 some piece of court with our great King , whose love would cause a dead man speak & live : whether my court will continue or not , I cannot well say ; but I have his ear frequently & [ to his glory onely I speak it ] no penurie of the love-kisses of the Son of God : He thinketh good to cast apples to me in my prison to play withall ; lest I should think long & faint : I must give over all attempts to fathom the depth of his love : all I can doe is but to stand beside his great love , & look & wonder : my debts of thankfulness affright me : I fear my Creditor get a Dyvour-bill & a ragged account : I would be much the better of help : O for help , & that ye would take notice of my case : Your not writing to me maketh me think ye suppose that I am not to be bemoaned , because he is comfortable ; but I have pain in my unthankfulness , & pain in the feeling of his love , while I am sick again for real presence , & reall possession of Christ ; yet there is no gooked [ if I may speak so ] nor fond love in Christ : He casteth me down sometimes with challenges for old faults , & I know , he knoweth well that sweet comforts are swelling & therefore sorrow must make a vent to the wind : my dumb sabbaths are undercotting wounds : The condition of this oppressed kirk , & my brother's case [ I thank you & your wife for your kindness to him ] hold my sore smarting & keep my wounds bleeding ; but the ground-work standeth sure . Pray for me . Grace be with you . Remember meto your wife . Aberd. March. 14. 1637. Yours in his sweet Lord Iesus . S. R. To Mr THOMAS GARVEN . ( 117 ) Reverend and dear Brother . I Blesse you for your letter : it was a shower to the new mowen grass : The Lord hath given you the tongue of the Learned : Be fruitfull & humble : It is possible ye come to my case , or the like ; but the water is neither so deep , nor the stream so strong as it is called : I think my fire is not hot , my water dry land , my loss rich loss . O if the walls of my prison be high , wide & large , & the place sweet ! No man knoweth it , no man I say knoweth it [ my Dear Brother ] so well , as he & I , no man can put it down in black & white as my Lord hath sealed it in my heart : My poor stock is growen since I came to Aberden : And if any had known the wrong I did in being jealous of such an honest lover as Christ , who witheld not his love from me , they would think the more of it ; but I see he must be above me in mercy : I will never strive with him : To think to recompense him is folly : If I had as many Angel's tongues as there have fallen drops of rain since the creation , or as there are leaves of trees in all the forrests of the earth , or stars in the heaven to praise ; yet my Lord Jesus would ever be behinde with me : We will never get our accounts sitted : A pardon must close the reckoning ; for his comforts to me in this his honourable cause , have almost put me beyond the bounds of modesty ; howbeit I will not let every one know what is betwixt us : Love , love [ I mean Christ's love ] is the hottest coal that ever I felt : O but the smoke of it be hot ! Cast all the salt sea on it , it will flame , hell cannot quench it : Many , many waters will not quench love : Christ is turned over to his poor prisoner in a masse & globe of love : I wonder he should waste so much love upon such a waster as I am ; but he is no waster but abundant in mercy : He hath no niggards almes when he is pleased to give . O that I could invite all the nation to love him ! Free grace is an unknown thing : This world hath heard but a bare name of Christ & no more : There are infinite plyes in his love , that the saints will never win to unfold : I would it were better known & that Christ got more of his own due then de doeth . Brother , ye have chosen the good part who have taken part with Christ : Ye will see him win the field , & ye shall get part of the spoile when he divideth it : They are but fools who laugh at us ; for they see but the backside of the moon ; yet our moon-light it better th●n their twelve-hours-sun : We have gotten the new heavens & as a pledge of that the bridegroom's love-ring : The children of the wedding chamber have cause to skip & leap for joy , for the marriage supper is drawing nigh & we finde the fours-hours sweet & comfortable . O time be not slow ! O sun move speedily , & hasten our banquet ? O bridegroom be like a roe , or a young hart upon the mountains ! O welbeloved run fast that we may once meet ! Brother , I contain my self for want of time : Pray for me : I hope to remember you . The goodwill of him who dwelt in the bush , the tender mercies of God in Christ enrich you : Grace be with you . Aberd. March 14. 1637. Yours in his sweet Lord Iesus , S. R. To BETHAIA AIRD. [ 118 ] Worthy Sister . GRace , mercy & peace be unto you : I know ye desire news from my prison , & I shall shew you news . At my first entry hither , Christ & I agreed not well upon it : The devil made a plea in the house & I laid the blame upon Christ ; for my heart was fraughted with challenges , & I feared that I was an outcast , & that I was but a withered tree in the vineyard , & but held the sun off the good plants with my idle shadow , & therefore my Master had given the evil servant ●he fields to fend him : Old guiltiness said [ as witness ] all is true : My apprehensions were with childe of faithless fears , & unbelief put a seal & Amen to all . I thought my self in a hard case : Some said I had cause to rejoyce that Christ had honoured me to be a witness for him : & I said in my heart these are words of men who see but mine outside & cannot tell if I be a false witness or not . If Christ had in this matter been as wilfull & short as I was , my faith had gone over the brae & broken it's neck ; But we were well met , a hastie fool & a wise patient & meek Saviour : he took no law-advantage of my folly , but waited on till my ill blood was fallen & my drumbled & troubled well began to clear : He was never a whit angry at the feverravings of a poor tempted sinner ; but he mercifully forgave , & came ( as it well becometh him ) with grace & new comfort to a a sinner , who deserved the contrary : And now he is content to kiss my black mouth , to put his hand in mine , & to feed me with as many consolations as would feed ten hungry souls ; Yet I dare not say he is a waster of comforts , for no less would have born me up , one grain weight less would have casten the ballance . Now , who is like to that royall king crowned in Zion ? where will I get a seat for royall Majesty to set him on ? If I could set him as far above the heavens as thousand thousands of heights devised by men & Angels , I would think him but too low . I pray you for God's sake , my dear Sister , help me to praise : His love hath neither brim nor bottom : His love is like himself , it pass●th all naturall understanding : I goe to fathom it with my arms , but it is , as if a childe would take the globe of sea & land in his two short arms : Blessed & holy is his name . This must be his truth I now suffer for , for he would not laugh upon a lye , nor be witness with his comforts to a night-dream . I entreat for your prayers , & the prayers & blessing of a prisoner of Christ be upon you . Grace be with you . Aberd. March. 14. 1637. Yours in his s●eet Lord Iesus S. R. To ALEXANDER GORDON Of Knockgray . ( 119 ) Dear Brother . I Have not leisure to write to you : Christ's wayes were known to you , long before I [ who am but a childe ] knew any thing of him . What wrong & violence the Prelats may by God's permission doe unto you for your trial , I know not ; but this I know that your ten dayes tribulation will end : Contend to the last breath for Christ. Banishment out of these Kingdomes is determined against me as I hear ; this land dow not bear me : I pray you , recommend my case & bonds to my brethren & sisters with you : I intrust more of my spirituall comfort to you & them that way , my dear Brother , then to many in this Kingdom besides . I hope , ye will not be wanting to Christ's prisoner . Fear nothing , for I assure you , Alexander Gordon of Knockgray shall win away & get his soul for a prey : And what can he then want that 's worth the having ? Your friends are cold [ as ye write ] & so are these in whom I trusted much : Our husband doeth well in breaking our idols in pieces : dry wells send us to the fountain . My life is not dear to me , sobeing I may fulfil my course with joy . I fear you must remove if your new hireling will not bear your discountenancing of him ; for the Prelat is affraid Christ get you , & that he hath no will of . Grace be with you . Aberd. 1637. Yours in his sweet Lord & Master , S. R. To JOHN FLEMING , Bailisse of Leith [ 120 ] Worthy & dearly beloved in the Lord. GRace , mercy & peace be unto you : I received your letter : I wish I could satisfie your desire in drawing up and framing for you a Christian directory : But the learned have done it before me more judiciously then I can ; especially Mr Rodgers , Greenhame & Perkins ; not withstanding , I shall shew you what I would have been at my self [ howbeit I I came alwayes short of my purpose . ] 1. That hours of the day less or more time , for the word & prayer , be given to God , not sparing the twelfth hour or midday , howbeit it should then be the shorter time . 2. In the midst of wordly employments , there would be some thoughts of sin , judgement , death & eternity , with a word or two of ejaculatory prayer [ at least ] to God. 3. To beware of wandering of heart in privat prayers . 4. Not to grudge howbeit ye come from prayer without sense or joy : Down-casting , sense of guiltiness & hunger is often best for us . 5. That the Lord's day from morning to night be spent alwayes either in private or publike worship . 6. That words be observed , wandering and idle thoughts be avoided , sudden anger & desire of revenge , even of such as persecute the truth , be guarded against ; for we often mix our zeal with our own wilde fire . 7. That known , discovered & revealed sins that are against the conscience be eshewed as most dangerous preparative , to hardness of heart . 8. That in dealing with men , faith & truth in covenants & traffiquing be regarded , that we deal with all men in sincerity , that conscience be made of idle & lying words , & that our carriage be such as that they who see it , may speak honourably of our sweet Master and profession . 9. I have been much challenged . 1. For not referring all to God as the last end : That I doe not eat , drink , sleep , journey , speak and think for God. 2. That I have not benefited by good company , & that I left not some word of conviction even upon naturall and wicked men , as by reproving swearing in them , or because of being a silent witness to their loose carriage , & because I intended not in all companies to doe good . 3. That the woes & calamities of the Kirk & particular professors have not moved me . 4. That the reading of the life of David , Paul & the like when it humbled me , I [ coming so far short of their holiness ] laboured not to imitate them afar off at least , according to the measure of God's grace . 5. That unrepented sins of youth were not looked to & lamented for . 6. That sudden stirrings of pride , lust , revenge , love of honours were not resisted & mourned for . 7. That my charity was cold . 8. That the experiences I had of God's hearing me in this & the other Particular , being gathered ; yet in a new trouble I had alwayes [ once at least ] my faith to seek , as if I were to begin at A. B. C. Again . 9. That I have not more boldly contradicted the enemies speaking against the truth , either in publike church-meetings , or at tables , or ordinary conference . 10. That in great troubles I have received false reports of Christ's love & misbeleeved him in his chastning , whereas the event hath said all was in mercy . 11. Nothing more moveth me & weighteth my soul , then that I could never for my heart in my prosperity , so wrestle in prayer with God , nor be so dead to the world , so hungry & sick of love for Christ , so heavenly minded , as when ten stone weight of a heavy cross was upon me . 12. That the cross extorted vows of new obedience which ease hath blowen away as chaff before the wind . 13. That practice was so short & narrow , & light so long & broad . 14. That death hath not been often meditated upon . 15. That I have not been carefull of gaining others to Christ. 16. That my grace & gifts bring forth little or no thankfulness . There are somethings also whereby I have been helped : As , 1. I have benefited by riding alone a long journey , in giving that time to prayer . 2. By abstinence & giving dayes to God. 3. By praying for others ; for by making an errand to God for them ; I have gotten something for my self . 4. I have been really confirmed in many particulars that God heareth prayers , and therefore I used to pray for any thing of how little importance soever . 5. He enabled me to make no question that this mocked way , which is nicknamed , is the onely way to heaven . Sir , these & many moe occurrences in your life would be looked unto : & , 1. Thoughts of Atheisme would be watched over as If there be a God in heaven : Which will trouble & assault the best at some times . 2. Growth in grace would be cared for above all things , & falling from our first love mourned for . 3. Conscience made of praying for the enemies who are blinded . Sir , I thank you most kindly for your care of my brother & me also : I hope it is laid up for you and remembred in heaven . I am still ashamed with Christ's kindness to such a sinner as I am : He hath left a fire in my heart that hell cannot cast water on to quench or extinguish it . Help me to praise and pray for me : for ye have a prisoner's blessing & prayers . Remember my love to your wife . Grace be with you . Aberd. March. 15. 1367. Yours in Christ Iesus S. R. To ROBERT GORDON of Knokbrex . ( 121 ) My very dear Brother . GRace , mercy & peace be unto you : I thought to have answered your two letters upon this occasion ; though I cannot say all that I would . Your timeous word [ not to delight in the cross , but in him who sweetneth it ] came to me in due time : I finde the consolations & off-fallings that follow the cross of Christ so sweet , that I almost forget my self : my desire & purpose is , when Christ's honey combs drop , neither to refuse to receive & feed upon his comforts , nor yet to make joy , my bastard-god , or my new found heaven : But what shall I say ? Christ very often in his sweet comforts cometh unsent for , & it were a sin to close the door upon him : It is not unlawfull to love & delight in Christ's apples , when I am not dottingly wooing , nor eagerly begging kisses : but when they come clean from the timber [ like kindness it self that cometh of it's own accord ] then I cannot but laugh upon him , who laugheth upon me : If joy & comforts came single & alone , without Christ himself , I think I would send them back again the gate they came , and not make them welcome ; But when the King's train cometh , and the King in the midst of the company , O how am I overjoyed with floods of love ! I fear not that too great speats , of love wash away the growing corn , & loose my plants at the roots : Christ doeth no skaith where he cometh ; but certainly I would wish such spirituall wisdom as to love the bridegroom better then his gifts , his propines , or drink-money . I would be further in upon Christ then at his joyes ; they but stand in the utter side of Christ : I would wish to be in as a seal on his heart , in where his love & mercy lodgeth , beside his heart . My welbeloved hath ravished me ; but it is done with consent of parties , & it is allowable enough : But my dear Brother , ere I part with this subject , I must tell you , [ that ye may lift up my King in praises with me ] Christ hath been keeping something these fourteen years for me , that I have now gotten in my heavy dayes , that I am in for his name sake ; even an opened coffer of perfumed comforts & fresh joyes coming new , & green , & powerfull from the fairest , fairest face of Christ my Lord. Let the sowre law , let crosses , let hell be cryed down : Love , love hath shamed me from my old wayes . Whether I have a race to run or some work adoe , I see not ; but I think , Christ seemeth to leave heaven [ to say so ] & his court , & come down to laugh & play & sport with a daft bairn . I am not this plain with many I write to : It is possible I be misconstructed & deemed to seek a name ; but my witness above knoweth , I seek to have a good name raised upon Christ. I observe it to be our folly , to seek little from Christ ; because our four-hours may not be our supper : nor our propine sent by the Bridegroom our tocher-good ; nor our earnest our principal summe : But I trow few of us know how much may be had of Christ for a four-hours & a propine & earnest : We are like the young heir who knoweth not the whole bounds of his own Lordship . Certainly it is more then my part to say , O sweetest Lord Iesus , what ho● beit I were split & broken in five thousand sheards or bits of clay , so being every sheard ●ad a heart to love thee , & every one as many tongues as there are stars in heaven to sing praises to thee , before man & angel for evermore ? Therefore if my sufferings cry goodness , & praise , & honour upon Christ , my stipend is well payed . Each one knoweth not what a life Christ's love is : Scar not at suffering for Christ , for Christ hath a chair & a cushion & sweet peace for a sufferer : Christ's trencher from the first mess of the high-table is for a sinfull witness . O then Brother , who but Christ ! Who but Christ ? Hold your tongue of lovers where he cometh out ! O all flesh , O dust & ashes , O Angels , O glorified spirits , O all the shields of the world , be silent before him , come hither & behold our Bridegroom , stand still & wonder for evermore at him ! Why cease we to love & wonder , to kiss & adore him ? It is a hard matter that dayes lie betwixt me & him & hold us asunder . O how long , how long ! O how many miles are there to my Bridegroom 's dwelling house ! It is a pain to frist Christ's love any longer : But it may be a drunken man lose his feet & miss a step . Ye write to me , hall bi●ks are slippery : I doe not think my dâting world will still last , & that feasts will be my ordinary food : I would have humlity , patience & faith , to set down both my feet when I come to the north-side of the cold & thorny hill . It is ill my common to be swier to goe an errand for Christ , & to take the wind upon my face for him . Lord , let me never be a false witness to deny that I saw Christ take the pen in his hand & subscribe my writes . My Dear Brother , ye complain to me ye cannot hold sight of me ; but were I a footman I should goe at leisure , but sometimes the King taketh me into his coach , & draweth me ; & then I ontrun myself ; but alas I am still a forlorn transgressour : O how unthankfull ! I will not put you off your sense of deadness , but let me say this , who gave you Proctor-fee , to speak for the law , that can speak for it self , better then ye can doe ? I would not have you to bring your dittay in your own bosom with you to Christ : Let the old man & the new man be summoned before Christ's white throne , & let them be confronted before Christ , & let each one of them speak for themselves : I hope howbeit the new man complain of his lying among the pots , which maketh the beleever look black ; yet he can say also , I am comely as the tents of Kedar : Ye shall not have my advice not to bemoan your deadness : but I finde by some experience [ which ye knew before I knew Christ ] it suiteth not a ransomed man of Christ's buying , to goe & plea for the sowre law , our old forecaste● husband ; for we are now not under the law [ as a covenant ] but under grace : Ye are in no man's common but Christ's : I know he bemoaneth you more then ye doe your self : I say this , because I am wearied of complaining . I thought it had been humility to imagine that Christ was angry with me , both because of my dumb sabbaths & my hard heart , but I feel now nothing but aking wounds : my grief whether I will or not swelleth upon me : But let us die in Grace's hall-floor pleading before Christ : I deny nothing that the Mediator will challenge me of ; but I turn it all back upon himself : Let him look his own old counts if he be angry , for he will get no more of me : when Christ saith I want Repentance : I meet him with this , True Lord ; but thou art made a King & Prince to give me Repentance Act. 5● 31. When Christ bindeth a challenge upon us , we must binde a promise back upon him : Be woe & lay your self in the dust before God [ which is suitable ] but withall let Christ take payment in his own hand , & pay himself , off the first end of his own merits ; else he will come behinde for any thing we can doe . I am every way in your case , as hard hearted & dead as any man ; but yet I speak to Christ through my sleep : Let us then proclaim a free market for Christ & swear our selves bare , & desire , & cry on him to come without money & buy us , & take us home to our ransom-payer's fire-side , & let us be Christ's free-boarders : because we dow not pay the old , we may not refuse to take on Christ's new debt of mercy : Let us doe our best , Christ will still be behinde with us , & many terms will run together : For my part let me stand for evermore in his book for a forlorn Dyvour : I must desire to be this far in his common of new , as to desire to kiss his feet : I know not how to win to a heartsom fill & feast of Christ's love ; for I dow neither buy , nor beg , nor borrow : & yet I cannot want it : I dow not want it . O if I could praise him ! yea I would rest content with a heart submissive & dying of love for him ; & howbeit I won never personally in at heaven's gates ; O would to God I could send in my praises to my incomparable welbeloved , or cast my love-songs of that matchless Lord Jesus over the walls , that they might light in his lap before men & Angels ! Now , grace , grace be with you . Remember my love to your wife & daughter & brother Iohn . Aberd. June . 11. 1638. Yours in his sweet Lord Iesus . S. R. To ALEXANDER GORDON , Of Earlestown . ( 122 ) Much honoured & worthy Sir. GRace , Mercy & peace be unto you : I long to hear from you : I received few letters since I came hither : I am in need of a word : A dry plant would have some watering : My case betwixt Christ my Lord & me standeth between love & jealousie , faith & suspicion of his love : It is a marvel he keepeth house with me : I make many pleas with Christ , but he maketh as many agreements with me : I think his unchangeable love hath said , I defie thee to break me & change me : If Christ had such changeable & new thoughts of my salvation as I have of it , I think I should then be at a sad loss : He humoureth not a fool like me in my unbelief , but rebuketh me & ●athereth kindness upon me : Christ is rather like the poor friend & needy prisoner [ begging love ] then I am : I cannot for shame get Christ said Nay of my whole love ; for he will not want his errand for the seeking : God be thanked my bridegroom tireth not of wooing : Honour to him he is a wilfull suiter of my soul : But as love is his , pain is mine that I have nothing to give him : His count-book is full of my debts of mercy , kindness & free love towards me : Oh that I might read with watery eyes ! O that he would give me the interest of interest to pay back ! Or rather my soul's desire is , that he would comprize my person , soul & body , love , joy , [ confidence , fear , sorrow & desire , & drive the Puynd , & let me be rouped , & sold to Christ , & taken home to my creditor's house & his fire-side . The Lord knoweth , if I could , I would sell my self without reversion to Christ. O sweet Lord Jesus make a market , & over-bid all my buyers ! I dare swear there is a Mystery in Christ which I never saw : A mystery of love . O if he would lay by the lap of the covering that is over it , & let my griening soul see it ! I would break the door & be in upon him , to get an wombfull of love ; for I am an hungered & ●amished soul. Oh Sir , if ye or any other would tell him , how sick my soul is , dying for want of a hearty draught of Christ's love . Oh if I could dote [ if I may make use of that word in this case ] as much upon himself as I doe upon his love : It is a pity that Christ himself , should not rather be my heart's choice then Christ's manifested love : It would satisfie me in some measure , if I had any bud to give for his love ; shall I offer him my praises ? Alas he is more then praises ! I give it over to get him exalted according to his worth , which is above what can be known ; yet all this time I am tēpting him to see if there be both love & anger in him against me . I am plucked from his flock [ dear to me ] & from feeding his lambs : I goe therefore in sackcloth as one who hath lost the wife of his youth : Grief & sorrow are suspicious & spue out against him the smoke of jealousies , & I say often , Shew me wherefore thou contendest with me ? Tell me Lord , read the process against me : but I know I cannot answer his alleagance : I will lose the cause when it cometh to open pleading . Oh if I could force my heart to beleeve dreams to be dreams ! Yet when Christ giveth my fears the lye & saith to me thou art a lyar , then I am glad . I resolve to hope to be quiet & to lie on the brink upon my side , till the water fall & the foord be ridable , & howbeit there be pain upon me in longing for deliverance , that I may speak of him in the great congregation ; yet I think there is joy in that pain & on waiting : & I even rejoyce that he putteth me off for a time & shifteth me : Oh if I could waite on for all eternity , howbeit I should never get my soul's desire , sobeing he were glorified ! I would wish my pain & my ministery could live long to serve him , for I know I am a clay vessel & made for his use . O if my very broken sheards could serve to glorifie him ! I desire Christ's grace to be willingly content , that my hell [ excepting his hatred & displeasure , which I put out of all play [ for submission to this is not called for ] were a preaching of his glory to men and Angels for ever & ever ! When all is done what can I adde to him ? or what can such a clay-shadow as I doe ? I know he needeth not me : I have cause to be grieved and to melt away in tears [ if I had grace to doe it , Lord grant it to me ] to see my welbeloved's fair face spitted upon by dogs , to see lowns pulling the crown off my royall King's head , to see my harlot-mother & my sweet father agree so ill , that they are going to skail and give up house : My Lord's palace is now a nest of unclean birds . Oh if harlot , harlot Scotland would rue upon her provoked Lord ; & pity her good husband , who is broken with her whorish heart ! But these things are hid from her eyes . I have heard of late of your new trial by the Bishop of Galloway : Fear not clay & worm's meat : Let Truth & Christ get no wrong in your hand : it is your gain , if Christ be glorified , & your glory to be Christ's witness : I perswade you , your sufferings are Christ's advantage & victory ; for he is pleased to reckon them so . Let me hear from you : Christ is but winning a clean Kirk out of the fire : He will win this play : He will not be in your common for any charges ye are at in his service : He is not poor to sit in your debt : He will repay an hundred fold more , it may be even in this life . The prayers & blessing of Christ's prisoner be with you . Aberd. 1637. Your Brother in his sweet Lord. Iesus , S. R. To his Reverend & loving Brother . Mr JOHN NEVAY . ( 123 ) Reverend & Dear Brother . GRace , mercy & peace be unto you : I received yours o●● Aprile 11. As I did another of March 25. and a letter for Mr Andrew Cant. I am not a little grieved that our mother-church is running so quickly to the brothel-house , & that we are hiring lovers , & giving gift ; to the great mother of fornications : Alas that our husband is like to quite us so shortly ! It were my part [ if I were able ] when our husband is departing , to stir up myself to take hold of him & keep him in this land ; for I know him to be a sweet second , & a lovely companion to a poor prisoner : I finde my extremity hath sharpned the edge of his love & Kindness , so as he seemeth to devise new wayes of expressing the sweetness of his love to my soul : Suffering for Christ is the very element wherein Christ's love liveth , & exerciseth it self , in casting out flames of fire & sparks of heat , to warm such a frozen heart as I have : And if Christ weeping in sackeloth be so sweet , I cannot finde any imaginable thoughts to think what he will be , when we clay-bodies [ having put off mortality ] shall come up to the marriage-hall , & great Palace , & behold the King clothed in his robes royall , sitting on his throne . I would desire no more for my heaven beneath the moon , while I am sighing in this house of clay , but daily renewed feasts of love with Christ , & liberty now & then to feed my hunger with a kiss of that fairest face , that is like the sun in his strength at noon-day . I would willingly subscribe an ample resignation to Christ of the fourteen Prelacies of this land , & of all the most delightfull pleasures on earth , & forfeit my part of this clay-God , this earth which Adam's foolish children worship , to have no other exercise but to lie in a love-bed with Christ , & fill this hungred , & famished soul with kissing , embracing & reall enjoying of the Son of God : And I think then I might write to my friends . That I had found the golden world , & look out & laugh at the poor bodies who are slaying one another for feathers : For verily , Brother , since I came to his prison I have conceived a new & extraordinary opinion of Christ which I had not before ; for I perceive we frist all our joyes to Christ , till he & we be in our own house above , as married parties ; thinking that there is nothing of it here to be sought or found , but onely hope & fair promises : & that Christ will give us nothing here but tears , sadness , crosses : & that we shall never feel the smell of the flowers of that high garden of Paradise above , till we come there : Nay , but I finde it is possible to finde young glory & a young green Paradise of joy even here : I know Christ's kisses will cast a more strong & refreshfull smell of incomparable glory & joy in heaven ; then they doe here : Because a drink of the well of life up at the wel●'s head , is more sweet & fresh by far , then that which we get in our borrowed , old , running-out vessels & our wooden dishes here ; yet I am now perswaded it is our folly to f●●st all , till the term day ; seeing abundance of earnest , will not diminish any thing of our principal summe : We dream of hunger in Christ's house while we are here , although he alloweth feasts upon all the bairns within God's houshold : It were good then to store our selves with moe borrowed kisses of Christ , & with moe borrowed visites till we enter Heirs to our new inheritance , & our Tutour put us in possession of our own , when we are past minority . Oh that all the young heirs would seek more & a greater & a nearer communion with my Lord-tutour , the prime heir of all , Christ ! I wish for my part I could send you & that gentleman , who wrote his commendations to me , in to the kings innermost cellar & house of wine , to be filled with love : A drink of this love is worth the having indeed : We carry our selves but too too nicely with Christ our Lord , & our Lord loveth not niceness & dryness & uncouthness in friends : Since need force we must be in Christ's common , then let us be in his common ; for it will be no otherwayes . Now for my present case in my imprisonment , deliverance [ for any appearance I see ] looketh cold like : My hope if it looked to or leaned upon men , should wither soon at the root like a May-flower : Yet I resolve to ease my self with on-waiting on my Lord , & to let my faith swim where it looseth ground : I am under a necessity either offainting [ which I hope my master of whom boast all the day shall avert ] or then to ●ay my faith upon omnipotency , & to wink & stick by my grip : And I hope my ship shall ride it out , seeing Christ is willing to blow his sweet wind in my sailes & mendeth & closeth the leks in my ship , & ruleth all : It will be strange if a beleeving passenger be casten ●ver beard . As for your Master , My Lord & my Lady I will be loath to forget them : I think my prayers [ such as they are ] are due debt to him , & I shall be fa● more engaged to his Lo : if he be fast for Christ ( as I hope he will ) now when so many of his coat & quality slip from Christ's back & leave him to send for himself . I entreat you remember my love to that wo thy Gentleman A. C. who salated me in your letter : I have heard that he is one of my Master's friends , for the which cause I am tied to him : I wish he may more & more fall in love with Christ. Now for your question as far as I rawly conceive : I think God is praised two wayes : First , by a concional profession of his highness before men , such as is the very hearing of the word , & receiving of either of the Sacraments , in which acts by profession , we give out to men , that he is our God , with whom we are in covenant , & our Lawgiver : Thus eating & drinking in the Lord's supper , is an annunciation & profession before men , that Christ is our slain Redeemer : Here because God speaketh to us , not we to him , it is not a formal thanks giving ; but an annunciation , or predication of Christ's death , concionall , not adorative ; neither hath it God for the immediat object , and therefore no kneeling can be here . Secondly , there is another praising of God , formal , when we are either formally blessing God , or speaking his praises : And this I take to be twofold : 1. When we directly & formally direct praises and thanksgiving to God : This may well be done kneeling in token of our recognizance of his highness ; yet not so , but it may be standing or sitting , especially seeing joyfull elevation [ which should be in praising ] is not formally signified by kneeling . 2. When we speak good of God , & declare his glorious nature & attributes , extolling him before men , to excite men to conceive highly of him : The former I hold to be worship every way immediat , else I know not any immediat worship at all : the latter hath God for the subject , not properly the object , seeing the predication is directed to men immediatly , rather then to God ; for here we speak of God by way of praising , rather then to God : And for my own part , as I am for the present minded , I see not how this can be done kneeling seeing it is praedicatio Dei & Christ● , non laudatio aut benedictio Dei : But observe that it is formal praising of God & not meerly concional , as I distinguished in the first member : for in the first member any speaking of God or of his works of creation , providence & redemption , is indirect & concional praising of him , & formally preaching or an act of teaching , not an act of predication of his praises ; for there is a difference betwixt the simple relation of the vertues of a thing , which is formally teaching , & the extolling of the worth of a thing by way of commendation , to cause others to praise with us . Thus recommending you to God's grace , I rest . Aberd. June . 15. 1637. Yours in his sweet Lord Iesus . S. R. To Mr J. R. ( 124. ) Dear Brother . GRace , mercy & peace be unto you : upon the report I hear of you [ without any further acquaintance except our straitest bonds in our Lord Jesus ] I thought good to write unto you , hearing of your danger to be thrust out of the Lord's house for his name sake : Therefore my earnest & humble desire to God is , that ye may be strengthned in the grace of God , & by the power of his might to goe on for Christ , not standing in aw of a worm that shall die . I hope ye will not put your hand to the ark to give it a wrong totch & to overturn it , as many now doe , when the archers are shooting sore at Joseph , whose bowe shall abide in it's strength : We ow to our royall King & Princely Master a testimony . O how blessed are they who can warde a blow off Christ & his born-down truth ! Men think Christ a gone man now , & that he shall never get up his head again : And they beleeve his court is failed , because he suffereth men to break their spears & swords upon him , and the enemies to plow Sion , & make long & deep their furrows on her back : But it would not be so , if the Lord had not a sowing for his plowing : What can he doe , but melt an old drossie Kirk , that he may bring out a new bride out of the fire again 〈◊〉 I think Christ is just now reparing his house , & exchanging his old vessels with new vessels , & is going through this land and taking up an inventure & a roll of so many of Levi's sons & good Professors , that he may make them new work for the second temple : And whatsoever shall be found , not to be for the work shall be casten over the wall : When the house shall be builded , he shall lay by his hammers as having no more to doe with them : It is possible he doe worse to them then lay them by : & I think the vengeance of the Lord & the vengeance of his temple shall be upon them : I desire no more but to keep weight when I am past the fire : & I can now in some weak measure give Christ a testimonial of a lovely & loving companion under suffering for him . I saw him before but afar off ; his beauty to my eye's sight groweth : a fig , a straw for ten worlds plaistered glory & for childish shadows : The idol of clay [ this God , the world ] that fools fight for . If I had a lease of Christ of my own dating [ for whoever once cometh nigh hand & taketh a hearty look of Christ's inner side , shall never wring nor wrestle themselves out of his love-grips again ] I would rest contented in my prison ; yea in a prison without light of sun or candle , providing Christ & I had a love-bed , not of mine but of Christ his own making ; that we might lie together among the lilies , till the day break & the shadows flee away . Who knoweth how sweet a drink of Christ's love is ? O but to live on Christ's love is a King's life ! The worst things of Christ even that which seemeth to be the refuse of Christ , his hard cross , his black cross , is white & fair : & the cross receiveth a beautifull lustre & a perfumed smell from Jesus , Mydear Brother , scar not at it . While ye have time to stand upon the watch tower & to speak , contend with this land , plead with your harlot-mother , who hath been a treacherous half-marrow to her husband Iesus : For I would think liberty to preach one day , the root & top of my desires , & would seek no more of the blessings that are to be had on this side of time , till I be over the water ; but to spend this my crazed clay-house in his service & saving of souls : But I hold my peace because he hath done it : my shallow & ebbe thoughts are not the compass Christ saileth by : I leave his wayes to himself for they are far , far above me : Onely I would contend with Christ for his love and be bold to make a plea with Jesus my Lord for a heart-fill of his love ; for there is no more left to me . What standeth beyond the far end of my sufferings , and what shall be the event he knoweth , and I hope to my joy shall make me know , when God shall unfold his decrees concerning me ; for there are windings and too 's and fro's in his wayes which blinde bodies like us cannot see . This much for further acquaintance : So recommending you & what is before you to the grace of God , I rest . Aberd. June 16. 1637. Your very loving Brother in his sweet Lord Iesus , S. R. To Mr WILLIAM DALGLEISH . ( 125 ) Reverend & welbeloved Brother . GRace , mercy & peace be unto you : I have heard somewhat of your trials in Galloway : I bless the Lord who hath begun first in that corner to make you a new Kirk to himself : Christ hath the less adoe behinde , when he hath refined you . Let me entreat you , my dearly beloved , to be fast to Christ : My witness is above , My dearest Brother , that ye have added much joy to me in my bonds , when I hear that ye grow in the grace and zeal of God for your Master . Our ministery whether by preaching or suffering , will cast a smell through the world both of heaven & hell , 2 Cor. 2 : 15 , 16. I perswade you , my dear Brother , there is nothing out of heaven , next to Christ , dearer to me then my ministery , & the worth of it in my estimation is swelled & paineth me exceedingly ; yet I am content for the honour of my Lord , to surrender it back again to the Lord of the vineyard : let him doe with me & it both what he thinketh good : I think my self too little for him : & let me speak to you , how kinde a fellow prisoner is Christ to me ! Beleeve me , this kinde of cross [ that would not goe by my door , but would needs visite me , ] is still the longer the more welcome to me : It 's true my silent sabbaths have been & are still as glassy yee , whereon my faith can scarce hold it's feet , & I am often blowen on my back , and off my feet , with a storm of doubting ; yet truly my bonds all this time cast a mighty and ranck smell of high and deep love in Christ : I cannot indeed see through my cross to the far end ; Yet I beleeve I am in Christ's books , & in his decree [ not yet unfolded to me ] a man triumphing , dancing & singing over on the other side of the red sea , & laughing & praising the lamb over beyond time , sorrow , deprivation , prelat's indignation , losses , want of friends & death : Heaven is not a foul flying in the air ( as men use to speak of things that are uncertain ) nay it is well paid for , Christ's comprizement lieth on Glory , for all the mourners in Zion , & shall never be loosed : Let us be glad & rejoyce that we have blood , losses , & wounds to show our Master & Captain at his appearance , and what we suffered for his cause . Woe is me , my dear Brother , that I say often I am but dry bones , which my Lord will not bring out of the grave again , & that my faithless fears say , Oh I am a dry tree that can bear no fruit , I am an useless body who ●an beget no children to the Lord in his house . Hopes of deliverance look cold & uncertain & afar off , as if I had done with it : it is much for Christ [ if I may say so ] to get Lawborrows of my sorrow , & of my quarrelous heart : Christ's love playeth me fair play , I am not wronged at all ; but there is a tricking and false heart within me , that still playeth Christ foul play : I am a cumbersom neighbour to Christ : It is a wonder that he dwelleth beside the like of me ; yet I often get the advantage of the hill above my temptations , & then I despise the temptation , even hell it self & the stink of it , & the instruments of it , and am proud of my honourable Master : And I resolve whether contrary winds will or not to fetch Christ's harbour : & I think a willfull & stiff contention with my Lord Jesus for his love very lawfull : it 's sometimes hard to me to win my meat upon Christ's love , because my faith is sick , & my hope withereth , & my eyes wax dim , & unkinde & comfort-eclipsing clouds goe over the fair , & bright , & light S●n-Jesus : And then when I & my temptation tryste the matter together , we spill all through unbelief : Sweet , sweet for evermore would my life be , if I could keep faith in exercise : But I see my fire cannot alwayes cast light . I have even a poor man's hard world , when he goeth away : But surely since my entry hither , many a time hath my fair sun shined without a cloud : Hot & burning hath Christ's love been to me : I have no vent to the expression of it : I must be content with stoln & smothered desires of Christ's glory : O how far is his love behinde the hand with me ! I am just like a man , who hath nothing to pay his thousands of debt : All that can be gotten of him is to se●●e upon his person : Except Christ would se●●e upon my self , & make the readiest payment that can be of my heart & love to himself , I have no other thing to give him : If my sufferings could doe beholders good , & edifie his Kirk , & proclaim the incomparable worth of Christ's love to the world , O then how would my soul be overjoyed , & my sad heart cheered and calmed ! Dear Brother , I cannot tell what is become of my labours among that people : If all that my Lord builded by me be casten down , & the bottom fallen out of the profession of that parish , & none stand by Christ , whose love I once preached , as clearly & plainly as I could [ though far below it's worth & excellency ] to that people ; if so , how can I bear it ? & If another make a foul harvest where I have made a painfull & honest sowing , it will not soon digest with me : but I know his wayes pass finding out : Yet my witness both within me & above me knoweth , & my pained breast upon the Lord's day at night , my desire to have had Christ awfull & amiable & sweet to that people , is now my joy : & it was my desire & aime to make Christ & them one : If I see my hopes die in the bud ere they bloom a little , & come to no fruit I die with grief . O my God seek not an account of the violence done to me by my brethren ; whose salvation I love & desire : I pray that they & I be not heard as contrary parties in the day of our compearance before our judge , in that process led by them against my ministery , which I received from Christ : I know a little inch , & less then the third part of this span-length & hand-breadth of time which is posting away will put me without the stroke & above the reach of either brethren or foes : And it is a short-lasting injurie done to me & to my pains in that part of my Lord's vineyard : O how silly an advantage is my deprivation to men , seeing my Lord Jesus hath many wayes to recover his own losses , & is irresistible to compass his own glorious ends , that his lilie may grow amongst thorns , & his little Kingdom exalt it self , even under the swords & spears of contrary powers ! But , my dear Brother , goe on in the strength of his rich grace whom ye serve : Stand fast for Christ : Deliver the Gospel off your hand , & your ministery to your Master with a clean & undefiled conscience : Loose not a pin of Christ's tabernacle : Doe not so much as picke with your naile at one board or border of the ark : Have no part or dealing upon any terms , in a hoof , in a closed window , or in a bowing of your ●…nce , in casting down of the temple : But be a mourning & speaking witness again them who now ruine Zion . Our Master will be on us all in a clap ere ever we wit : That day will discover all our white 's & our black 's concerning this controversie of poor oppressed Zion : Let us make our part of it good , that it may be able to abide the fire when hay and stuble shall be burnt to ashes : Nothing , nothing [ I say nothing ] but sound sanctification can abide the Lord's fan : I stand to my testimony that I preached often of Scotland : Lamentation , mourning & woe abideth th●● O Scotland : O Scotland , the fearfull quarrell of a broken Covenant standeth good with thy Lord. Now , remember my love to all friends , & to all my parishoners as if I named each one of them particularly : I recommend you & God's people committed by Christ to your trust , to the rich grace of our alsufficient Lord. Remember my bonds : Praise my Lord who beareth me up in my sufferings : As ye sinde occasion [ accorcording to the wisdom given you ] shew our acquaintance what the Lord hath done to my soul : This I seek not verily to hunt my own praise , but that my sweetest & dearest Master may be magnified in my sufferings I rest . Aberd. June 17. 1637. Your brother in his sweet Lord Iesus . S. R. To MARION MCKNAUGHT . ( 126 ) Dearly beloved in our Lord Iesus Christ. GRace , mercy & peace be to you : Few know the heart of a stranger & prisoner , I am in the hands of mine enemies : I would honest & lawfull means were essayed for bringing me home to my charge , now when Mr A. R. & Mr H. R. are restored . It concerneth you of Galloway most to use supplications and addresses for this purpose , and try if by fair means I can be brought back again : As for liberty , without I be restored to my flock , it is little to me , for my silence is my greatest prison : However it b● , I wait for the Lord , I hope not to rot in my sufferings : Lord give me submission to wait on my heart is sad that my dayes flee away & I doe no service to my Lord in his house , now when his harvest and the souls of perishing people require it ; but his ways are not like my wayes , neither can I finde him out . O that he would shine upon my darkness , and bring forth my morning light from under the thick cloud , that men have spread over me ! O that the Almighty would lay my cause in a ballance and weigh me , if my soul was not taken up , when others were sleeping , how to have Christ betrothed with a Bride in that part of the land ! but that day that my mouth was most unjustly and cruelly closed , the bloom fell off my branches , and my joy did cast the flower ; How beit I have been casting my self under Christ's feet , and wrestling to beleeve under a hidden and covered Lord ; yet my fainting cometh before I eat , and my faith hath bowed with the sore cast and under this almost insupportable weight : O that it break not ! I dare not say that the Lord hath put out my candle , and hath casten water upon my poor coal , and broken the stakes of my tabernacle ; But I have tasted bitterness and eaten gall & wormwood since that day , my Master laid bonds upon me to speak no more : I speak not this because the Lord is uncouth to me , but because beholders that stand on dry land see not my sea-storm : The witnesses of my cross are but strangers to my sad dayes & nights . O that Christ would let me alone & speak love to me & come home to me & bring summer with him ! O that I might preach his beauty & glory as once I did , before my clay-tent be removed to darkness , & that I might lift Christ off the ground & my branches might be watered with the dew of God , & my joy in his work might grow green again & bud & send out a flower ! But I am but a short sighted creature & my candle casteth not light afar off : He knoweth all that is done to me , how that when I had but one joy & no more , & one green flower that I esteemed to be my garland , he came in one hour & dried up my flower at the root , & took away mine onely eye , & mine onely one crown & garland : What can I say ? Surely my guiltiness hath been remembered before him , & he was seeking to take down my sails & to land the flower of my delights , and to let it lie on the coast like an old broken ship that is no more for the sea : But I praise him for this wailed stroke , I welcome this surnace , God's wisdom made choice of it for me , & it must be best because it was his choice . O that I may wait for him till the morning of this benighted Kirk break out ! This poor afflicted Kirk had a fair morning ; but her night came upon her before her noon-day , & she was like a traveller forced to take house in the morning of his journey : & now her adversaries are the chief men in the land , her wayes mourn , her gates languish , her children sigh for bread , and there is none to be instant with the Lord , that he would come again to his house & dry the face of his weeping spouse & comfort Zion's mourners , who are waiting for him : I know , he shall make corn to grow upon the top of his withered mount Zion again . Remember my bonds & forget me not : Oh that my Lord would bring me again amongst you with abundance of the Gospel of Christ ! But O that I may set down my desires where my Lord biddeth me ! Remember my love in the Lord to your husband , God make him faithfull to Christ , & my blessing to your three children . Faint not in prayer for this Kirk : Desire my people not to receive a stranger & intruder upon my ministery : let me stand in that right & station that my Lord Jesus gave me . Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord and Master , S. R. To JOHN GORDON . At Risco . ( 127 ) Dear Brother . I Earnestly desire to know the case of your soul , & to understand that ye have made sure work of heaven & salvation . 1. Remember , Salvation is one of Christ's dainties he giveth but to a few . 2. That it is violent sweating & striving that taketh heaven . 3. That it cost Christ blood to purchase that house to sinners & to set mankinde down , the King 's free tenants & free-holders . 4. That many make a start toward heaven who fall on their back & win not up to the top of the mount , it plucketh heart & legs from them , & they sit down & give it over , because the devil setteth a sweet smelled flower to their nose [ this fair busked World ] wherewith they are bewitched & so forget or refuse to goe forward . 5. Remember , many goe far on & reform many things & can finde tears as Esau did , & suffer hunger for the truth as Iudas did , & wish & desire the end of the righteous as Balaam did , & profess fair & fight for the Lord as Saul did , & desire the saints of God to pray for them as Pharaoh & Simon Magus did , & prophesie & speak of Christ as Caiaphas did , walk softly & mourn for fear of judgement as Ahab did , & put away gross sins & idolatry as Iehu did , & hear the word of God gladly & reform their life in many things according to the word as Herod did , & say , Master , to Christ , I will follow thee whither soever thou goest , as the man who offered to be Christ's servant , Math. 8. & may taste of the vertues of the life to come & be partaker of the wonderfull gifts of the holy spirit & taste of the good word of God , as the Apostates who sin against the Holy Ghost , Heb 6. & yet all these are but like gold in clink & colour & watered brass & base mettall . These are written that we should try our selves & not rest till we be a step nearer Christ then sun-burnt & withering professors can come , 6. Consider , it is impossible that your Idol-sins & ye , can goe to heaven together , & that they who will not part with these , can indeed love Christ at the bottom ; but onely in word & shew : which will not doe the business . 7. Remember how swiftly God's post , time , flieth away , & that your forenoon is already spent , your afternoon will come & then your evening & at last night , When ye cannot see to work : let your heart be set upon finishing of your journey , & summing & laying your accounts with your Lord. O how blessed shall ye be , to have a joyfull welcome of your Lord at night ! How blessed are they who in time take sure course with their soul ! Bless his great name for what ye possess in goods & children , ease & worldly contentment , that he hath given you ; & seek to be like Christ in humility & lowliness of minde , & be not great & intire with the world : make it not your God nor your lover that ye trust into ; for it will deceive you : I recommend Christ & his love to you in all things , let him have the flower of your heart & your love , set a low price upon all things but Christ , & cry down in your thoughts clay & dirt that will not comfort you , when ye get summonds to remove , & compear before your Judge , to answer for all the deeds done in the body . The Lord give you wisdom in all things : I beseech you sanctifie God in your speaking , for holy and reverend is his name : & be temperate & sober , companionry [ as it is called ] is a sin that holdeth men out of heaven . I will not beleeve that ye will receive the ministry of a stranger , who will preach a new & uncouth doctrine to you : Let my salvation stand for it , if I delivered not the plain & whole counsel of God to you in his word . Read this letter to your wife , & remember my love to her , & request her to take heed to doe what I write to you : I pray for you & yours . Remember me in your prayers to our Lord , that he would be pleased to send me amongst you again . Grace be with you . Aberd. 1637. Your lawfull & loving Pastor , S. R. To Mr HUGH HENDERSON . ( 128 ) Reverend and dear Brother . WHo knoweth but the wind may turn in to the West again upon Christ & his desolate bride in this land ? And that Christ may get his summer by course again ; for he hath had ill weather this long time , & could not finde law or justice for himself & his truth these many years . I am sure , the wheels of this crazed & broken Kirk run all upon no other axel-tree , nor is there any other to roll them , & cogge them , & drive them , but the wisdom & good pleasure of our Lord : And it were a just trick & glorious , of never-sleeping providence , to bring our brethrens darts they have shot at us , back upon their own heads : Suppose they have two strings in their bow , & can take one as another saileth them , yet there are moe then three strings upon our Lord's bowe ; and besides he cannot miss the white that he shooteth at . I know , he shuffleth up & down in his hand the great body of heaven & earth , & that Kirk & Commonwealth are in his hand , like a stock of Cards , & that he dealeth ●he play to the mourners in Zion and these that say , lye down , that we may goe over you , at his own soveraign pleasure : And I am sure , Zion's adversaries in this play shall not take up their own stakes again . O how sweet a thing it is to trust in him ! When Christ hath sleeped out his sleep [ if I may speak so of him who is the watch-man of Israel that neither slumbereth nor sleepeth ] and his own are tried , he will arise as a strong man after wine , and make bare his holy arm , and put on vengeance as a cloak , and deal vengeance thick & double amongst the haters of Zion . It may be we see him sow and send down maledictions & vengeances as thick as drops of rain or hail upon his enemies : For our Lord oweth them a black day & he useth duely to pay his debts neither his friends & followers , nor his foes & adversaries shall have it to say , that he is not faithfull & exact in keeping his word . I know no bar in God's way but Scotland's guiltiness , & he can come over that impediment & break that bar also , & then say to guilty Scotland as he said Ezek. 36. Not for your sakes , &c. On-waiting had ever yet a blessed issue , & to keep the word of God's patience keepeth still the saints dry in the water , cold in the fire , & breathing & blood-hot in the grave . What are prisons of iron walls & gates of brass to Christ ? Not so good as feal dikes , fortifications of straw , or old tottering walls : If he give the word , then the chains will fall off the arms & legs of his prisoners . God be thanked that our Lord Jesus hath the tutouring of King and Court and Nobles , and that he can dry the gutters and the mires in Sion , and lay causeys to the Temple with the carcases of bastard Lord-Prelats & idol-shepherds : The corn on the house-tops got never the husband-man's prayers , & so is seen on it , for it filleth not the hand of mowers . Christ & truth & innocency worketh even under the earth , & verily there is hope for the righteous : We see not what conclusions pass in heaven anent all the affaris of God's house : we need not give hire to God to take vengeance of his enemies ; for Justice worketh without hire . O that the seed of hope would grow again and come to maturity ! And that we could importune Christ & double our knocks at his gate , & cast our cries & shouts over the wall , that he might come out & make our Ierusalem the praise of the whole earth , & give us Salvation for walls & bulwarks ! If Christ bud & grow green and bloom & bear seed again in Scotland . & his father send him two summers again in one year , & bless his crop ; O what cause have we to rejoyce in the free salvation of our Lord & to set up our banners in the name of our God! O that he would hasten the confusion of the leprous strumpet , the mother & mistress of abominations in the earth , & take graven images out of the way , & come in with the Iews in troops , & agree with his old out cast & forsaken wife , & take them in again to his bed of love ! Grace be with you . Aberd. 1637. Yours in our Master and Lord , S. R. To the Lady LARGIRIE . [ 129. ] MISTRESS . GRace , mercy & peace be to you : I exhort you in the Lord to goe on in your journey to heaven , & to be content of such fare by the way as Christ & his followers have had before you ; for they had alwayes the wind on their faces , & our Lord hath not changed the way to us for our ease ; but will have us following our sweet guide . Alas how doeth sin dog us in our journey & retard us ! What fools are we to have a by-god or an other lover or match to our souls beside Christ ? It were best for us like ill bairns [ who are best heard at home ] to seek our own home , & to sell our hopes of this little clay Innes & idol of the earth , where we are neither well summered nor well wintered . Oh that our souls would fall so at oddes with the love of this world , as to think of it as a traveller doeth of a drink of water , which is not any part of his treasure , but goeth away with the using ; for ten miles journey maketh that drink to him as nothing ! O that we had as soon done with this world and could as quickly dispatch the love of it ! But as a childe cannot hold two apples in his little hand , but the one putteth the other out of it's room ; so neither can we be masters and Lords of two loves : Blessed were we if we could make our selves masters of that invaluable treasure the love of Christ ; or rather suffer our selves to be mastered and subdued to Christ's love , so as Christ were our all things , & all other things our nothings & the refuse of our delights . O let us be ready for shipping against the time our Lord's wind & tide call for us ! Death is the last thief that shall come without din or noise of feet , & take our souls away , & we shall take our leave at Time & f●ce Eternity , & our Lord shall lay together the two sides of this earthly Tabernacle & fold us & lay us by , as a man layeth by his clothes at night , & put the one half of us in a house of clay , the dark grave , & the other half of us in heaven or hell . Seek to be found of your Lord in peace & gather in your flitting & put your soul in order , for Christ will not give a nail-breadth of Time to our little sand-glass . Pray for Zion , & for me his prisoner , that he would be pleased to bring me amongst you again full of Christ & fraughted & laden with the blessings of his Gospel . Grace , grace be with you . Aberd. 1637. Yours in his onely Lord and Master , S. R. To EARLESTOWN Younger [ 130 ] Worthy & dearly beloved in the Lord. GRace , mercy & peace be to you : I long to hear from you : I remain still a prisoner of hope , & doe think it service to the Lord to wait on still with submission , till the Lord's morning-skie break & his summer day dawn : for I am perswaded it is a piece of the chief errand of our life , that God sent us for some years down to this earth among devils & men , the fire-brands of the devil , & temptations , that we might suffer for a time here amongst our enemies ; otherwise he might have made heaven to wait on us at our coming out of the womb , and have carried us home to our countrey , without letting us set down our feet in this knotty and thorny life ; but seeing a piece of suffering is carved to every one of us , less or more , as infinite wisdom hath thought good , our part is to harden and habituat our soft and thin skinned nature to endure fire and water , devils , lions , men , losses , woe hearts , as these that are looked upon by God , Angels , men & devils . O what folly is it to sit down & weep upon a decree of God , that is both dumb & deaf at our tears , & must stand still as unmovable as God who made it , for who can come behinde our Lord to alter or better what he hath decreed & done ? It were better to make windows in our prison & to look out to God & our countrey Heaven , & to cry like fettered men who long for the King 's free air , Lord , let t●y Kingdom come : O let the Bridegroom come ! And O day , O fair day , O everlasting summer day , dawn and shine out , break out from under the black night skie and shine ! I am perswaded , if every day , a little stone in the prison walls were broken , & thereby assurance given to the chained prisoner lying under twenty stone of irons upon arms & legs , that at length his chain should wear in two pieces , & a hole should be made at length as wide as he might come safely out to his long desired liberty ; he would in patience wait on till time should hole the prison wall & break his chains : The Lord 's hopefull prisoners under their trials are in that case : Years & moneths will take out now one little stone , then another , of this house of clay , & at length time shall win out the breadth : of a fair door and send out the imprisoned soul to the free air in heaven , and time shall fil● off by little and little our iron bolts , which are now on legs and arms , & out-date and wear our troubles threed-bare and hollie , and then wear them to nothing : For what I suffered yesterday I know shall never come again to trouble me . O that we could breath out new hope and new submission every day in Christ's lap ! For certainly a weight of glory well weighed [ yea encreasing to a far more exceeding and eternall weight ] shall recompence both weight and length of light and clipped and short-dated crosses : Our waters are but ebbe and come neither to our chin nor to ●he stopping of our breath . I may see [ if I would borrow eyes from Christ ] dry land and that near : Why then should we not laugh at adversity and scorn our short-born and soon-dying temptations : I rejoyce in the hope of that glory to be revealed , for it is no uncertain glory we look for ; our hope is not hung upon such an untwisted threed as , I imagine so , or it is likely ; but the cable , the strong tow of our fastened anchor , is the oath and the promise of him who is eternall verity , our Salvation is fastened with God's own hand and with Christ's own strength to the strong stoup of God's unchangeable nature . Mal 3. 6. I am the Lord , I change not , and therefore ye sons of Iacob are not consumed : We may play and dance and leap upon our worthy and immoveable rock : the ground is sure and good and will bide hell's brangling and devils brangling and the world's assaults . Oh if our faith could ride it out against the high and proud winds and waves , when our sea seemeth all to be on fire ! O how oft doe I let my grips goe ! I am put to swimming and half sinking : I finde the devil hath the advantage of the ground in this battel , for he fighteth in known ground in our corrupt nature : Alas that is a friend neer of kin and blood to himself , and will not fail to fall foul upon us : And hence it is that he who saveth to the uttermost and leadeth many sons to glory , is still righting my salvation and twenty times a day I ravel my heaven , & then I must come with my ill raveled work to Christ to cumber him [ as it were ] to right it & to seek again the right end of the threed , & to fold up again my eternall glory with his own hand , & to give a right cast of his holy & gracious hand to my marred & spilt salvation : Certainly it is a cumbersom thing to keep a foolish childe from falls & broken brows , & weeping for this & that toy , & rash running & sickness & bairns diseases ; ere he win through them all , and win out of the mires , he costeth meekle black cumber and fashrie to his keepers : And so is a beleever a cumbersom piece of work and an ill raveled hesp [ as we use to say ] to Christ : But God be thanked , for many spilt salvations and many ill raveled hesps hath Christ mended since first he entered tutour to lost mankinde . O what could we bairns doe without him ! how soon would we mar all ? But the less of our weight be upon our own feeble legs , and the more that we be on Christ the strong Rock the better for us : It is good for us that ever Christ took the cumber of us : it is our heaven to lay many weights and burdens upon Christ , and to make him all we have , root and top , beginning and ending of our salvation : Lord hold us ●ere . Now to this tutour and rich Lord I recommend you : Hold fast till he come and remember his prisoner . Grace , grace be with you . Aberd. 1637. Yours in his and your Lord Iesus , S. R. To Mr WILLIAM DALGLEISH . [ 131 ] Reverend & dear Brother . GRace , mercy & peace be to you : I received your letter . I bless our high and onely wise Lord who hath broken the s●are that men had laid for you , & I hope that now he shall keep you in his house in despite of the powers of hell . Who knoweth but the streets of our Ierusalem shall yet be filled with young men & with old men & boyes & women with childe & that they shall plant vines in the mountains of Samaria . I am sure , the wheels , paces & motions of this poor Church , are tempered & ruled not as men would , but according to the good pleasure & infinite wisdom of our onely wise Lord. I am here waiting in hope , that my innocency in this honourable cause shall melt this cloud that men have casten over me . I know my Lord had his own quarrels against me & that my dross stood in need of this hot furnace ; but I rejoyce in this , that fair truth , beautifull truth , [ whose glory my Lord cleareth to me more & more ] bearth me company , & that my weak aimes to honour my Master in bringing guests to his house , now swell upon me in comforts , & that I am not affraid to want a witness in heaven , that it was my joy to have a crown put upon Christ's head in that countrey . O what joy would I have to see the wind turn upon the enemies of the cross of Christ , & to see my Lord Jesus restored with the voice of praise to his own f●ee throne again , & to be brought amongst you to see the beauty of the Lord's house ! I hope that countrey will not be so silly , as to suffer men to pluck you away from them , & that ye will use means to keep my place empty & to bring me back again to the people to whom I have Christs right and his Church's lawfull calling . Dear Brother , let Christ be dearer & dearer to you , let the conquest of souls be top and root , flower and bloom of your joyes and desires in this side of sun and moon : and in the day when the Lord shall pull up the four stakes of this clay tent of the earth , & the last pickle of sand shall be at the nick of falling down in your watch-glass , & the master shall call the servants of the vincyard to give them their hire ; ye will esteem the bloom of this world's glory like the colours of the rain-bow , that no man can put in his purse & treasure : Your labours & pains shall then smile upon you . My Lord now hath given me experience [ howbeit weak & small ] that our best fare here is hunger ; we are but at God's by-board in this lower house , we have cause to long for supper-time & the high table , up in the high palace : This world deserveth nothing but the utter court of our soul. Lord hasten the marriage-supper of the Lamb. I finde it still peace to give up with this present world as with an old decourted & cast-off lover : My bread & drink in it , is not so much worth , that I should not loath the Innes , & pack up my desires for Christ , that I have sent out to the feckless creatures in it . Grace , grace be with you . Aberd. 1637. Your affectionat Brother & Crhist's prisoner . S. R. To the Laird of CALLY . ( 132 ) Much honoured Sir. GRace , mercy & peace be to you : I long to hear how your soul prospereth : I have that confidence that your soul mindeth Christ & salvation : I beseech you in the Lord give more pains & diligence to fetch heaven , then the countrey-sort of lazie professors ; who think their own faith & their own godliness , because it is their own , best ; & content themselves with a coldrife custom & course , with a resolution to summer & winter in that sort of profession , that the multitude and the times favour most , and are still shaping and clipping and carving their faith , according as it may best stand with their summer-sun and a whole skin ; and so breath out both hot and cold in God's matters , according to the course of the times : This is their compass they sail toward heaven by , in stead of a better . Worthy & dear Sir , separate your self from such , and bend your self to the utmost of your strength & breath , in running fast for salvation , and in taking Christ's Kingdom , use violence : It cost Christ and all his followers sharp showers and hot sweats ere they won to the top of the mountain : But still our soft nature would have heaven coming to our bed-side when we are sleeping , & lving down with us , that we might goe to heaven in warm clothes ; but all that came there ●ound wet feet by the way , & sharp storms that did take the hide off their face , & ●ound to 's & fro's & up's & down's & many enemies by the way . It is impossible a man can take his lusts to heaven with him , such wares as these will not be welcome there . O how loath are we to forgoe our packalds & burdens that hinder us to run our race with patience ! It is no small work to displease & anger nature , that we may please God. O if it be hard to win one foot or half an inch out of our own will , out of our own wit , out of our own ease & worldly lusts , & so to deny our self , & to say , It is not I but Christ , not I but grace , not I but God's glory , not I but God's love constraining me , not I but the Lord's word , not I but Christ's commanding power as King in me ! O what pains & what a death is it to nature , to turn me , my self , my lust , my ease , my credit , over in , my Lord , my Saviour , my King & my God , my Lord's will , my Lord's grace ! But alas that idol , that whorish creature my self , is the master-idol we all bow to : What made Evah miscarry ? & what hurried her headlong upon the forbidden fruit , but that wretched thing her self ? What drew that brother-murtherer to kill Abel ? That wilde himself What drove the old world on to corrupt their wayes ? Who but themselves , & their own pleasure ? What was the cause of Solomon's falling into idolatry & multiplying of strange wives ? What but himself , whom he would rather pleasure then God. What was the hook that took David & snared him first in adultery but his self-lust , & then in murther but his self-credit & self-honour ? What led Peter on to deny his Lord ? Was it not a piece of himself & self-love to a whole skin ? What made Iudas sell his Matter for 30 pieces of money , but a piece of self-love idolizing of avaritions self ? What made Demas to goe off the way of the Gospel , to embrace this present world ? even self love & love of gain for himself : Every man blameth the devil for his sins , but the great devil , the house-devil of every man , the house-devil that eateth & lieth in every man's bosom , is that idol that killeth all , himself . O blessed are they who can deny themselves & put Christ , in the room of themselves ! O would to the Lord , I had not a my self , but Christ ; nor a my lust , but Christ , no● a my ease , but Christ ; nor a my honour , but Christ ! O sweet word , Gal. 2 : 20. I live no more , but Christ liveth in me ! O if every one would put away himself , his own self , his own ease , his own pleasure , his own credit , & his own twenty things , his own hundred things , that he setteth up as idols above Christ ! Dear Sir , I know ye will be looking back to your old self & to your self-lust & self-idol that ye set up in the lusts of youth above Christ. Worthy Sir , pardon this my freedom of love : God is my witness that it is out of an earnest desire after your soul 's eternal welfare , that I use this freedom of speech . Your sun I know is lower & your evening skie and sun-setting nearer then when I saw you last : Strive to end your task before night , and to make Christ your-self , and to acquaint your love and your heart with the Lord Stand now by Christ and his truth , when so many fail foully and are false to him : I hope ye love him and his truth , let me have power with you to confirm you in him . I think more of my Lord 's sweet cross then of a crown of gold and a free Kingdom lying to it . Sir , I remember you in my prayers to the Lord , ●…ding to my promise : Help me with your prayers that our Lord would be pleased to bring me amongst you again with the Gospel of Christ : Grace , grace be with you . Aberd. 1637. Yours in his sweetest Lord and Master , S. R. To JOHN GORDON Of Cardoness younger . ( 133 ) . Dearly beloved in our Lord. GRace , mercy & peace be to you : I long exceedingly to hear of the case of your soul which hath a large share both of ●y prayers & carefull thoughts . Sir , remember that a precious treasure & prize is upon this short play that ye are now upon , even the eternity of well or woe to your soul standeth upon the little point of your ill or well employed short & swift posting sand-glass : Seek the Lord while he may be found , the Lord waiteth upon you : Your soul is of no little price : gold or silver of as much bounds as would cover the highest heavens round about , cannot buy it : To live as others doe & to be free of open sins that the world crieth shame upon , it will not bring you to heaven : as much civility & countrey-discretion as would lye between you & heaven , will not lead you one foot or one inch above condemned nature : & therefore take pains upon seeking of salvation , & give your will , wit , humour the green desires of youth's pleasures , off your hand to Christ , It is not possible for you to know , till experience teach you , how dangerous a time Youth is : It is like green & wet timber ; when Christ casteth fire on it , it taketh not fire : There is need here of more then ordinary pains ; for corrupt nature hath a good back-friend of Youth , & sinning against light will put out your candle & stupifie your conscience & bring upon it moe coverings & skins & less feeling & sense of guiltiness , & when that is done the Devil is like a mad horse that hath broken the bridle & runneth away with his rider whither he listeth . Learn to know that which the Apostle knew , the deceitfulness of sin : strive to make prayer & reading & holy company & holy conference your delight , & when delight cometh in , ye shall by little & little smell the sweetness of Christ , till at length your soul be over head & ears in Christ's sweetness : then shall ye be taken up to the top of the mountain with the Lord , to know th● ravishments of spiritual love & the glory & excellency of a s●en , revealed , felt & embraced Christ : & then ye shall not be able to loose your self off Christ & to binde your soul to old lovers : then & never till then are all the paces , motions , walkings & wheels of your soul in a right tune & in a spiritual temper : But if this world & the lusts thereof be your delight , I know not what Christ can make of you , ye cannot be mettall to be a vessel of glory & mercy : as the Lord liveth , thousand thousands are beguiled with security , because God & wrath & judgement is not terrible to them : stand in aw of God , & of the warnings of a checking & rebuking conscience : make others to see Christ in you moving , doing , speaking & thinking ; your actions will smell of him , if he be in you : there is an instinct in the new born babes of Christ , like the instinct of nature , that leades birds to build their nests & bring up their young & love such & such places as woods , forests & wildernesses better then other places : The instinct of nature maketh a man love his mother-countrey above all countreys : The instinct of renewed nature & supernatural grace , will lead you to such & such works , as to love your countrey above , to sigh to be clothed with your house not made with hands , & to call your borrowed prison here below a borrowed prison , & to look upon it servant-like & pilgrim-like : And the pilgrim's eye & look , is a disdainfull like discontented cast of his eye , his heart crying after his eye , Fy , fy , t● is is not like my countrey . I recommend to you the mending of a hole & reforming of a failing , one or other , every week , & put off a sin or a piece of it , as of anger , wrath , lust , intemperance , every day , that ye may more easily master the remnant of your corruption . God hath given you a wife , love her & let her breasts satisfie you , & for the Lord's sake drink no waters but out of your own cistern , strange wells are poison . Strive to learn some new way against your corruption from the man of God M. W. D. or other servants of God : sleep not sound till ye finde your self in that case , that ye dare look death in the face & durst hazard your soul upon eternity . I am sure many ells & inches of the short threed of your life are by hand , since I saw you : and that threed hath an end , and ye have no hands to cast a knot & adde one day or a finger-breadth to the end of it : When hearing and seeing and the utter walls of the clay-house shall fall down & life shall render the besieged castle of clay to death & judgement , & ye finde your time worn ebbe & run out , what thoughts will ye then have of idol-pleasures , that possibly are now sweet ? what bud or hire would ye then give for the Lord's favour ? & what a price would ye then give for pardon ? It were not amiss to think , what if I were to receive a doom & to enter into a surnace of fire & brimstone ? What if it come to this : that I shall have no portion but utter darkness ? And what if 〈◊〉 be brought to this , to be banished from the presence of God & to be given over to God's serjeants , the Devil & the power of the second Death ? Put your soul by supposition in such a case , & ●…sider what horrour would take hold of you & what then ye would esteem of pleasing your self in the course of sin ! O dear Sir , for the Lord's sake awake to live righteously & love your poor soul , & after ye have seen this my letter , say with yourself , the Lord will seck an account of this warning I have received . Lodge Christ in your family . Receive no stranger hireling as your Pastor . I bless your children . Grace be with you . Aberd. 1637. Your lawful and loving Pastor . S. R. To my Lord BOYD. [ 134 ] My very honourable & good Lord. GRace , mercy & peace be to your Lo : Out of the worthy report that I hear of your Lo : zeal for this born down & oppressed Gospel , I am bold to write to your Lo : beseeching you by the mercies of God , by the honour of our royal and princely King Jesus , by the sorrows , tears & desolation of your afflicted mother-church , & by the peace of your conscience & your joy in the day of Christ , that your Lo : would goe on in the strength of your Lord and in the power of his might , to bestir your self for the vindicating of the fallen honour of your Lord Jesus . O blessed hands for evermore that shall help to put the crown upon the head of Christ again in Scotland ! I dare promise in the name of our Lord that this shall fasten & fix the pillars & the stakes of your own honourable house upon earth , if ye lend & lay in pledge in Christ's hand [ upon spiritual hazard ] life , estate , house , honour , credit , moyen , friends , the favour of men [ suppose King 's with three crown● ] sobeing ye may bear witness & acquit your self as a man of valour and courage to the Prince of your salvation , for the purging of his temple & s●…eeping out the Lordly Diotrephes's , time-courting Demas's , corrupt Hymeneus's & Philetus's & other such oxen that with their dung defile the Temple of the Lord. Is not Christ now crying , Who will help me ? Who will come out with me , to take part with me & share in the honour of my victory over these mine enemies who have said : Wee ●ill not have this man to rule over us ; My very honourable and dear Lord , joyn , joyn [ a● ye do● ] with Christ , he is more worth to you & your posterity then this world's May flowers & withering Riches & Honour , that shall goe away as smoke & evanish in a night-vision , & shall in one half hour after the blast of the Archangel's trumpet , lie in white ashes . Let me beseech your Lo : to draw by the lap of Time's curtain & look in through that window to great & endless Eternity , & consider if a worldly price [ suppose this little round clay globe of this ashie & dirty earth , the dying idol of the fools of this world were all ( your own ] can be given for one smile of Christ's God-like & soul ravishing countenance , in that day when so many joints and knees of thousand thousands wailing shall stand before Christ trembling , shouting & making their prayers to hills & mountains to fall upon them and hide them from the face of the Lamb. O how many would sell Lordships & Kingdoms that day & buy Christ ! But Oh the market shall be closed & ended ere then . Your Lo : hath now a blessed venture of winning court with the Prince of the Kings of the earth : He himself weeping , truth born down , & fallen in the streets & an oppressed Gospel , Christ's bride with watery eyes & spoiled of her vail , her hair hanging about her eyes forced to goe in ragged apparel , the banished , silenced & imprisoned prophets of God , who have not the favour of liberty to prophesie in sackcloth , all these I say , call for your help : Fear not worms of clay , the moth shall eat them as a garment , let the Lord be your fear , he is with you & shall fight for you : thus shall ye cause the blessing of these who are ready to perish come upon you , & ye shall make the heart of this your mother-Church to sing for joy . The Lamb & his armies are with you & the Kingdoms of the earth are the Lord 's . I am perswaded there is not another Gospel nor another saving truth , then that which ye now contend for , I dare hazard my heaven & salvation upon it , that this is the onely saving way to glory . Grace , grace be with your Lo : Aberd. 1637. Your Lo : at all respective obedience in Christ. S. R. To ROBERT GORDON . Bailiffe of Ayr. ( 135 ) Worthy Sir. GRace , mercy & peace be to you : I long to hear from you . Our Lord is with his afflicted Kirk , so that this burning bush is not consumed to ashes . I know submissive on-waiting for the Lord shall at length ripen the joy & deliverance of his own , who are truly blessed on-waiters : What is the dry & miscarrying hope of all them who are not in Christ , but confusion & wind ? O how pitifully and miserably are the children of this world beguiled , whose wine cometh home to them water , & their gold brass & tin ! And what wonder that hopes builded upon sand , should fall & sink ? It were good for us all to abandon the forlorn & blasted & withered hope we have had in the creature , & let us henceforth come & drink water out of our own well , even the fountain of living waters , & build our selves & our hope upon Christ our rock : But alas that naturall love that we have to this borrowed home that we were born in , and that this clay-city , the vain earth , should have the largest share of of our heart ! Our poor lean and empty dreams of confidence in some-thing beside God are no further travelled then up & down the naughty & feckless creatures . God may say of us , as he said , Amos 6 : 13. Ye rejoyce in a thing of noug●t . Surely we spin our spider's web with pain , and build our rotten and tottering house upon a lye and falshood and vanity . O when will we learn to have thoughts higher then the sun and moon , and learn our joy , hope , confidence and our soul's desires to look up to our best countrey , and to look down to clay tents set up for a night's lodging or two , in this unknown land , & laugh at our childish conceptions & imaginations that suck our joy out of creatures , woe , sorrow , losses & grief . O sweetest Lord Jesus ! O fairest Godhead ! O flower of man & angels , why are we such strangers to , & far-off beholders of thy glory ? O it were our happiness for evermore , that God would cast a pest , a botch , a leprosie upon our part of this great whore , a fair and well busked World , that clay might no longer deceive us ! but O that God may burn and blast our Hope hereaway , rather then our Hope should live to burn us ! Alas the wrong side of Christ [ to speak so ] his blackside , his suffering side , his wounds , his bare coat , his wants , his wrongs , the oppressions of men done to him , are turned towards mens eyes & they see not the best & fairest side of Christ , nor see they his amiable face and his beauty , that man and angels wonder at . Sir , lend your thoughts to th●se things , & learn to contemn this world , & to turn your eyes and heart away from beholding the masked beauty of all things under Time's law and doom : See him who is invisible and his invisible things , draw by the curtain and look in with liking and longing to a Kingdom undefiled that fadeth not away , reserved for you in the heaven : This is worthy of your pains and worthy of your soul 's sweating and labouring & seeking after night and day : Fire will flee over the earth and all that is in it , even destruction from the Almighty : Fy , fy upon that hope that shall be dryed up by the root ! Fy upon the drunken night-bargains , And the drunken and mad covenant that sinners make with death and hell after cups , and when mens souls are mad and drunken with the love of this lawless life ! They think to make a nest for their hopes , and take quarters and conditions of hell and death , that they shall have ease , long life , peace , & in the morning when the last trumpet shall awake them , then they rue the block . It is time & high time for you to think upon death and your accounts , and to remember what ye are , where ye will be before the year of our Lord 1700. I hope ye are thinking upon this : pull upon your soul and draw it aside from the company that it is with , and round & whisper in to it newes of eternity , death , judgement , heaven and hell . Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To ALEXANDER GORDON , Of Earlestown . ( 136 ) Much honoured Sir. GRace , mercy & peace be to you : It is like if ye the Gentry & Nobility of this nation , be men in the streets [ as the word speaketh ] for the Lord , that he will now deliver his flock & gather & rescue his scattered sheep from the hands of cruel & rigorous Lords , that have ruled over them with force . O that mine eyes might see the moon-light turn to the light of the sun ! But I still fear the quarrel of a broken Covenant in Scotland standeth before the Lord : However it be , I avouch it before the world , the tabernacle of the Lord shall again be in the midst of Scotland , and the glory of the Lord shall dwell in beauty as the light of many days in one , in this land , O what could my soul desire more next to my Lord Jesus , while I am in this flesh , but that Christ & his Kingdom might be great amongst Jews & Gentiles , & that the Isles [ & amongst them , overclouded & darkned Britan ] might have the glory of a noon-day's sun ! Oh that I had any thing [ I will not except my part in Christ ] to wodset or lay in pledge to redeem & buy such glory to my highest & royal Prince , my sweet Lord Jesus ! my poor little heaven were well bestowed , if it could stand a pawne for ever to set on high the glory of my Lord ; But I know , he needeth not wages nor hire at my hand : Yea , I know , if my eternal glory could weigh down in weight it 's alone , all the eternal glory of th● blessed Angels & of all the spirits of just & perfect men glorified & to be glorified , Oh alas , how far am I engaged to forgoe it for , and give it over to Christ ; sobeing he might thereby be set on high above ten thousand thousand millions of heavens , in the conquest of many , many nations to his Kingdom ! Oh that his Kingdom would come ! O that all the world would stoop before him ! O blessed hands that shall put the crown upon Christ's head in Scosland ! But alas , I can scarce get leave to ware my love on him : I can finde no wayes to ●u● my h●at upon Christ & my love that I with my soul bestow on him , it is like to die upon my hand , & I think it no bairns-play to be hungred with Christ's love : To love him & to want him wanteth little of hell . I am sure he knoweth how my joy would swell upon me from a little well to a great sea , to have as much of his love & as wide a soul answerable to comprehend it , till I cried , hold Lord , no more : But I finde he will not have me to be mine own steward nor mine own carver : Christ keepeth the keys of Christ [ to speak so ] & of his own love , and he is a wiser distributer then I can take up : I know there is more in him then would make me run over like a coast-full-sea . I were happy for evermore to get leave to stand but beside Christ and his love , and to look in , suppose I were interdicted of God to come near hand , touch or embrace , kiss or set too my sinfull head and drink my self drunken with that lovely thing . God send me that I would have , for I now verily see , more clearly then before , our folly in drinking dead waters & in playing the whore with our soul's love upon running-out wells , & broken sheards of creatures of yesterday , whom Time will unlaw with the penalty of losing their being & natural ornaments . O when a soul's love is itching [ to speak so ] for God , and when Christ in his boundless and bottomless love , beauty and excellency cometh & rubbeth up & exciteth that love , what can be heaven if this be not heaven ? I am sure this bit feckless , narrow & short love of regenerated sinners was born for no other end , but to breath & live and love & dwell in the bosom and betwixt the breasts of Christ : Where is there a bed or a lodging for the saints love but Christ ? O that he would take our selves off our hand , for neither we nor the creatures can be either due conquest or lawfull heritage to love ! Christ & none but Christ is Lord & proprietour of it . Oh alas , how pitifull is it that so much of our love goeth by him ! O but we be wretched wasters of our soul's love ! I know it is the deep of bottomless , and unsearchable providence , that the saints are suffered to play the whore from God , and that their love goeth a hunting , when God knoweth it shall rost nothing of that at supper-time : The renewed would have it otherwise ; & why is it so , seeing our Lord can keep us without nodding , tottering or reeling , or any fall at all ? Our desires I hope shall meet with perfection ; but God will have our sins an office-house for God's grace , & hath made sin a matter of an unlaw & penalty for the Son of God's blood ; & howbeit sin should be our sorrow , yet there is a sort of acquiescing & resting upon God's dispensation required of us , that there is such a thing in us as Sin , whereupon mercy , forgiveness , healing , curing , in our sweet Physician , may finde a field to work upon . O what a deep is here , that created wit cannot take up ! However matters goe , it is our happiness to win new ground daily in Christ's love , and to purchase a new piece of it daily and to adde conquest to conquest , till our Lord Jesus & we be so near other , that Satan shall not draw a straw or a threed betwixt us . And for my self , I have no greater joy in my welfavoured bonds for Christ , then that I know , time shall put him & me together ; & that my love & longing hath room & liberty amidst my bonds & foes [ whereof there are not a few here of all ranks ] to goe visit the borders & utter coasts of my Lord Jesus's countrey & see at least afar off & darkly , the countrey which shall be mine inheritance , which is my Lord Jesus's due , both through birth and conquest . I dare avouch to all that know God , that the saints know not the length & largeness of the sweet earnest & of the sweet green sheaves before the harvest , that might be had on this side of the water , if we should take more pains : And that we all goe to heaven with less earnest & lighter purses of the hoped-for summe , then otherwise we might doe , if we took more pains to win further in upon Christ , in this pilgrimage of our absence from him . Grace , grace & glory be your portion . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To JOHN LAWRIE . ( 137 ) Dear Brother . I Am sorry that ye or so many in this Kingdom should expect so much of me an empty reed : Verily I am a naughty & poor body : But if the tinkling of my Lord Jesus's iron chains on legs & arms could sound the high praises of my royall King , whose prisoner I am , O how would my joy run over ! If my Lord would bring edificatiō to one soul by my bonds , I am satisfied ; but I know not what I can doe to such a princely & beautifull welbeloved : He is far behinde with me : Little thanks to me to say to others , his wind bloweth on me who am but withered & dry bones : But since ye desire me to write to you , either help me to set Christ on high for his running-over love , in that the heat of his sweet breath hath melted a frozen heart , else I think ye doe nothing for a prisoner . I am fully confirmed that it is the honour of our Law-giver I suffer for now : I am not ashamed to give out letters of recommendation of Christ's love to as many as will extoll the Lord Jesus & his cross . If I had not sailed this sea-way to heaven , but had taken the land-way as many doe , I should not have known Christ's sweetness in such a measure : But the truth is , let no man thank me ; for I caused not Christ's wind to blow upon me : His love came upon a withered creature whether I would or not ; [ & yet by coming it procured from me a welcome ] A heart of iron & iron doors will not hold Christ out : I give him leave to break iron locks & come in , & that is al : & now I know not whether pain of love for want of poss●ssion , or sorrow that I dow not thank him , paineth me most : but both work upon me . For the First , O that he would come & satisfie the longing soul & fill the hungry soul with these good things ? I know indeed my guiltiness may be a bar in his way , but he is God , & ready to forgive : And for the other , woe , woe is me that I cannot finde a heart to give back again my unworthy little love for his great sea-full of love to me : O that he would learn me this piece of gratitude ! O that I could have leave to look in thorow the hole of the door to see his face & sing his praises ! or could break up one of his chamber windows to look in upon his delighting beauty , till my Lord send more : any little communion with him , one of his love-looks should be my begun heaven : I know he is not Lordly , neither is the bridegroom's love proud , though I be black & unlovely & unworthy of him . I would seek but leave , & withall , grace , to spend my love upon him : I counsel you to think highly of Christ & of free , free grace more then ye did before ; for I know that Christ is not known amongst us ; I think I see more of Christ then ever I saw , & yet I see but little of what may be seen : O that he would draw by the curtains & that the King would come out of his gallerie & his palace , that I might see him ! Christ's love is young glory & young heaven : It would soften hell's pains to be filled with it : What would I refuse to suffer , if I could but get a draught of love at my hearts desire ? O what price can be given for him ! Angels cannot weigh him , O his weight , his worth , his sweetness , his overpassing beauty ! If men & Angels would come & look to that great & Princely one , their ebbeness would never take up his depth , their narrowness would never comprehend his breadth height & length : If ten thousand thousand worlds of Angels were created , they might all tire themselves in wondering at his beauty , & begin again to wonder of new . O that I could win nigh him to kiss his feet , to hear his voice , to finde the smell of his ointments ! But Oh alas I have little , little of him ; yet I long for more ! Remember my bonds & help me with your prayers for I would not niffer or exchange my sad hours with the joy of my velvet-adversaries . Grace be with you . Aberd. June . 10. 1637. Yours in his sweet Lord Iesus . S. R. To Mr JAMES FLEMING . ( 138 ) Reverend & welbeloved in our Lord. GRace , mercy & peace be to you : I received your letter , which hath refreshed me in my bonds . I cannot but testifie unto you , my dear Brother , what sweetness I finde in our Master's cross ; but alas , what can I either doe or suffer for him ? If I my alone had as many lives as there have been drops of rain since the creation , I would think them too little for that lovely one , our welbeloved ; but my pain and my sorrow is above my sufferings , that I finde not wayes how to set out the praises of his love to others : I am not able by tongue , pen or sufferings to provoke many to fall in love with him , but he knoweth whom I love to serve in the spirit , what I would doe & suffer by his own strength , sobeing I might make my Lord Jesus lovely & sweet to many thousands in this land . I think it amongst God's wonders that he will take any praise or glory or any testimony to his honourable cause , from such a forlorn sinner as I am : But when Christ worketh he needeth not ask the question by whom he will be glorious : I know , seeing his glory at the beginning did shine out of poor nothing to set up such a fair house for man & Angels , & so many glorious creatures to proclaim his goodness , power & wisdom , if I were burnt to ashes , out of the smoke and powder of my dissolved body he could raise glory to himself : His glory is his end , Oh that I could joyn with him to make it my end ! I would think that fellowship with him sweet & glorious . But alas , few know the guiltiness that is on my part , it is a wonder that this good cause hath not been marred and spilt in my foul hands : But I rejoyce in this that my sweet Lord Jesus hath found something adoe , even a ready market for his free grace and incomparable and matchless mercy in my wants : Onely my loathsom wretchedness and my wants have qualified me for Christ and the riches of his glorious grace , he behooved to take me for nothing or else to want me : Few know the unseen & private reckonings betwixt Christ and me ; yet his love , his boundless love would not bide away nor stay at home with himself , & yet I dow not make it welcome as I ought , when it 's come unsent for and without hire . How joyfull is my heart that ye write ye are desirous to joyn with me in praising ; for it is charity to help a Dyvour to pay his debts ; but when all have helped me , my name shall stand in his count-book under ten thousand thousands of summes unpayed : But it easeth my heart that ●is dear servants will but speak of my debts to such a sweet creditour . I desire he may lay me in his own ballance & weigh me , if I would not fain have a feast of his boundless love made to my own soul and to many others . One thing I know , we shall not all be able to come neer his excellency with eye , heart or tongue ; for he is above all created thoughts ; All nations before him are as nothing & as less then nothing , he ●itteth in the circuit of heaven and the inhabitants of the earth are as grashoppers before him ! O that men would praise him ! Ye complain of your private case : Alas , I am not the man who can speak to such an one as ye are : Any sweet presence I have had in this town is [ I know ] for this cause , that I might express & make it known to others : but I never finde my self nearer Christ and with that royal and Princely One , then after a great weight and sense of deadness & gracelesness ! I think the sense of our wants , when withall we have a restlesness and a sort of spirituall impatience under them and ●an make a din because we want him whom our soul loveth , is that which maketh an open door to Christ : & when we think we are going backward because we feel deadness , we are going forward : For the more sense the more life , & no sense argueth no life . There is no sweeter fellowship with Christ , then to bring our wounds & our sores to him . But for my self , I am ashamed of Christ's goodness & love since the time of my bonds , for he hath been pleased to open up new treasures of love & felt sweetness , & give visitations of love & access to himself in this strange land . I would think a fill of his love , young & green heaven : & when he is pleased to come , & the tide is in , & the sea full , & the King & a poor prisoner together in the house of wine , the black tree of the cross is not so heavie as a feather . I cannot , I dow not but give Christ an honourable and glorious testimony : I see , the Lord can ride through his enemies bands & triumph in the sufferings of his own , & that this blinde world seeth not , that Suffering is Christ's armour wherein he is victorious : & they that contend with Zion , see not what he is doing when they are set to work as under-smiths & servants to the work of refining of the saints [ Satan's hand also by them is at the melting of our Lord's vessels of mercy ] and their office in God's house , is to scour & cleanse vessels for the King's table . I marvel not to see them triumph & sit at ease in Zion , our father must lay up his rods and keep them carefully for his own use : our Lord cannot want fire in his house , his furnace is in Zion & his fire in Ierusalem : but little know the adversaries the counsel & the thoughts of the Lord. And for your complaints of your ministry , I now think all I did too little : Plainness , freedom , watchfulness , fidelity , shall swell upon you in exceeding large comforts in your sufferings : The feeding of Christ's lambs in private visitations , & catechising , in painfull preaching , & fair , honest & free warning of the flock is a sufferer's garland . O ten thousand times blessed are they , who are honoured of Christ to be faithfull and painfull in wooing a Bride to Christ ! My dear Brother . I know ye think more on this then I can write , & I rejoyce that your purpose is , in the Lord's strength to back your wronged Master & to come out & call your self Christ's man , when so many are now denying him , as fearing that Christ cannot doe for himself & them . I am a lost man for ever , or this , this is the way to Salvation , even this way that they call Heresie , that men now doe mock & scoff at . I am confirmed now that Christ will accept of his servants sufferings as good service to him at the day of his appearance , & that ere it be long he will be upon us all , & men in all their black 's & white 's shall be brought out before God Angels and men . Our Master is not far off : Oh if we could wait on & be faithfull ! The good will of him who dwelt in the bush , the tender favour & love , the grace of our Lord Jesus Christ be with you . Help me with your pravers , & desire from me , other brethren to take courage for their Master . Aberd. Aug. 15. 1637. Yours in his sweet Lord Iesus , S. R. To Mr JOHN MEINE . ( 139 ) Worthy & dear Brother . GRace , mercy & peace be to you : I have been too long in answering your letter , but other business took me up . I am here waiting if the fair wind will turn upon Christ's sails ●o Scotland , & if deliverance be breaking out to this overclouded & benighted Kirk . Oh that we could contend by prayers & supplications with our Lord for that effect ! I know he hath not given out his last doom against this land . I have little of Christ in this prison , but groanings & longings & desires : All my stock of Christ is some hunger for him [ And yet I cannot say but I am rich in that ] my faith & hope & holy practice of new obedience are scarce worth the speaking of : But blessed be my Lord who taketh me , light & clipped & naughty & feckless as I am . I see Christ will not prig with me nor stand upon stepping stones , but cometh in at the broad side without ceremonies or making it nice , to make a poor ransomed one his own . O that I could feed upon his breathing & kissing and embracing , & upon the hopes of my meeting and his , when love-letters shall not goe betwixt us , but he shall be messenger himselfthen : But there is required patience on our part till the summer-●●uit in heaven be ripe for us ; it is in the bud , but there be many things to doe before our harvest come : And we take ill with it & can hardly endure to set our paper-face to one of Christ's storms , and to goe to heaven with wet feet & pain & sorrow : We love to carry heaven to heaven with us , & would have two summers in one year , and no less then two heavens ; but this will not be for us , one , & such an one , may suffice us well enough : The man Christ got but one onely , and shall we have two ? Remember my love in Christ to your Father & help me with your prayers . If ye would be a deep Divine , I recommend to you Sanctification : Fear him , & he shall reveal his Covenant to you . Grace be with you . Aberd. Jan. 5. 1637. Yours in his sweet Lord Iesus , S. R. To CARDONNESS Elder . ( 140 ) Much honoured Sir. GRace , mercy & peace be to you : I have longed to hear from you & to know the estate of your soul & the estate of that people with you : I beseech you Sir , by the salvation of your precious soul and the mercies of God , make good & sure work of your salvation & try upon what ground-stone ye have builded . Worthy & dear Sir , if ye be upon sinking sand , a storm of death & a blast will loose Christ & you and wash you close off the rock : O for the Lord's sake look narrowly to the work ! read over your life with the light of God's day-light and sun ; for Salvation is not casten down at every man's door : It is good to look to your compass & all ye have need of , ere ye take shipping ; for no wind can blow you back again . Remember when the race is ended & the play either won or lost & ye are in the utmost circle & border of time & shall put your foot within the march of eternity & all your good things of this short night-dream shall seem to you like the ashes of a bleaze of thorns or straw , & your poor soul shall be crying , Lodging , lodging , for God's sake : Then shall your soul be more glad at one of your Lord 's lovely & homely smiles ; then if ye had the charters of three worlds for all eternity . Let pleasures & gain , will & desires of this world be put over in God's hands , as arrested and fenced goods that ye cannot intromet with : Now when ye are drinking the ground of your cup & ye are upon the utmost ends of the last link of time , & old age like death's long shadow is casting a covering upon your days , it is no time to court this vain life , & to set love & heart upon it : It is near after supper , seek rest & ease for your soul in God through Christ : Beleeve me I finde it hard wrestling to play fair with Christ & to keep good quarters with him , & keep love to him in integrity & life , & to keep a constant course of sound & solid daily communion with Christ : temptatations are daily breaking the threed of that course , & it is not easie to cast a knot again , & many knots make evil work . O how fair have many ships been plying before the wind , that in an hour's space have been lying in the sea bottom ! How many professours cast a golden lustre , as if they were pure gold , & yet are under that skin & cover but base & reprobate mettall ! And how many keep breath in their race many miles , & yet come short of the prize & the garland ! Dear Sir , my soul would mourn in secret for you , if I knew your case with God to be but false work : Love to have you anchored upon Christ maketh me fear your tottering & slips : False under-water not seen in the ground of an enlightned conscience , is dangerous ; so is often failing & sinning against light : Know this , that these who never had sick nights nor days in conscience for sin , cannot have but such a peace with God , as will undercot & break the flesh again and end in a sad war at death . O how fearfully are thousands beguiled with false hide growen over old sins , as if the soul were cured and healed ! Dear Sir , I saw ever nature mighty , lofty , heady & strong in you , & it was more for you to be mortified & dead to the world then another common man : Ye will take a low ebbe , & a deep cut & a long lanc● to goe to the bottom of your wounds in saving humiliation , to make you a won prey for Christ : Be humbled , walk softly ; down , down for God's sake , my dear & worthy Brother , with your topsail : Stoop , Stoop , it is a low entry to goe in at heaven's gates : There is infinite Justice in the party ye have to doe with , it is his nature not to acquit the guilty & the sinner : The Law of God will not want one farthing of the sinner : God forgetteth not both the Cautioner & the sinner , & every man must pay either in his own person [ O Lord save you from that payment ] or in his cautioner , Christ. It is violence to corrupt nature for a man to be holy , to lie down under Christ's feet , to quite will , pleasure , wordly love , earthly hope & an itching of heart after this fairded & overguilded world , & to be content that Christ trample upon all . Come in , come in to Christ and see what ye want & finde it in him : He is the short cut [ as we use to say ] and the nearest way to an outgate of all your burdens : I dare avouch ye shall be dearly welcome to him , my soul would be glad to take part of the joy ye should have in him . I daresay , Angels pens , Angels tongues , nay as many worlds of Angels as there are drops of water in all the seas & fountains and rivers of the earth , cannot paint him out to you : I think his sweetness since I was a prisoner hath swelled upon me to the greatness of two heavens : O for a soul as wide as the outmost circle of the highest heaven that containeth all , to contain his love ! And yet I could hold little of it . O world's wonder ! O if my soul might but lie within the smell of his love , suppose I could get no more but the smell of it ! O but it is long to that day when I shall have a free world of Christ's love ! O what a sight to be up in heaven in that fair orchard of the new Paradise , & to see and smell and touch and kiss that fair field-flower , that ever green tree of life ! His bare shadow were enough for me , a sight of him would be the earnest of heaven to me : Fy , sy upon us , that we have love lying rusting beside us , or which is worse , wasted away upon loathsom objects , & Christ should lie his alone . Woe , woe is me , that Sin hath made so many mad men , seeking the fool's Paradise , fire under ice , & some good and desireable thing without , and apart from Christ : Christ , Christ , nothing but Christ can cool our love's burning languor : O thirsty love , wilt thou set Christ the well of life to thy head & drink thy fill ; drink and spare not , drink love & be drunken with Christ : Nay alas , the distance betwixt us and Christ is a death : O if we were clasped in other's arms ! We should never twin again except heaven twinned and sundered us , & that cannot be . I desire your children to seek this Lord : Desire them from me to be requested for Christ's sake to be blessed & happy , and come & take Christ & all things with him : Let them beware of glassy & slippery youth , of foolish young motions , of worldly lusts , of deceivable gain , of wicked company , of cursing , lying , blaspheming and foolish talking : Let them be filled with the Spirit , acquaint themselves with daily praying , & with the store-house of wisdom and comfort , the good word of God. Help the souls of the poor people : O that my Lord would bring me again among them , that I might tell uncouth & great tales of Christ to them ! Receive not a stranger to preach any other doctrine to them . Pray for me his prisoner of hope , I pray for you without ceasing : I write my blessing , earnest prayers , the love of God & the sweet presence of Christ to you and yours and them . Grace , grace , grace be with you . Aberd. 1637. Your lawful and loving Pastor . S. R. To the Earle of LOTHIAN . ( 141 ) Right honourable & my very worthy and Noble Lord. OUt of the honourable & good report that I hear of your Lo : goodwill & kindness in taking to heart the honourable cause of Christ & his afflicted Church & wronged truth in this land , I make bold to speak a word in paper to your Lo : at this distance , which I trust your Lo : will take in good part . It is your Lo : honour & credit to put to your hand [ as ye doe , all honour to God ] to the fa●ling & tottering tabernacle of Christ in this your mother-Church , & to own Christ's wrongs as your own wrongs . O blessed hand which shall wipe and dry the watery eyes of our we●ping Lord Jesus , now going mourning in sackcloth in his members , in his spouse , in his truth & in the prerogative royal of his Kingly power ! He needeth not service and help from men , but it pleaseth his wisdom to make the wants & losses , sores and wounds of his spouse , a ●ield & an office-house for the zeal of his servants to exercise themselves in : Therefore , my noble & dear Lord , goe on , goe on in the strength of the Lord against all opposition to side with wronged Christ : The defending & warding of strokes off Christ ; his Bride , the King's daughter , is like a piece of the rest of the way to heaven , knotty , rough , stormy & full of thorns : Many would follow Christ , but with a reservation , that by open proclamation Christ would cry down crosses , & cry up fair weather & a summer-skie & sun till we were all fairly landed at heaven . I know your Lo : hath not so learned Christ , but that ye intend to fetch heaven , suppose your father were standing in your way , & to take it with the wind on your face ; for so both storm & wind was on the fair face of your lovely fore-runner Christ all his way . It is possible the success answer not your desire in this worthy cause : what then ? Duties are ours but events are the Lord's : & I hope , if your Lo : & others with you shall goe on , to dive to the lowest ground & bottom of the knavery & perfidious treachery to Christ , of the cursed & wretched Prelats , the Anti-Christ's first-born & the first fruit of his foul womb , & shall deal with our Soveraign [ Law going before you ] for the reasonable & impartial hearing of Christ's bill of complaints , & set your selves singley to seek the Lord & his face , your righteousness shall break through the clouds , that prejudice hath drawn over it : & ye shall in the strength of the Lord bring our banished & departing Lord Jesus home again to his Sanctuary . Neither must your Lo : advise with flesh & blood in this , but wink , & in the dark reach your hand to Christ & follow him . Let not mens fainting discourage you , neither be afraid of mens canny wisdom , who in this storm take the nearest shore & goe to the lee & calm side of the Gospel , & hide Christ [ if ever they had him ] in their cabinets , as if they were ashamed of him , or as if Christ were stoln wares & would blush before the sun . My very dear & noble Lord , ye have rejoyced the hearts of many , that ye have made choice of Christ & his Gospel , whereas such great temptations doe stand in your way : But I love your profession the better that it endureth winds : If we knew our selves well , to want temptations is the greatest temptation of all : Neither is father nor mother , nor court , nor honour , in this overlustred world with all it 's paintry & fairding any thing else , when they are laid in the ballance with Christ ; but feathers , shadows , night-dreams & straws . O if this world knew the excellency , sweetness & beauty of that high & lofty one , that fairest among the sons of men ! verily they should see , if their love were bigger then ten heavens , all in circles without other , that it were all too little for Christ our Lord. I hope your choice shall not repent you , when life shall come to that twilight betwixt Time & Eternity , and ye shall see the utmost border of Time & shall draw the curtain & look in to Eternity , & shall one day see God take the heavens in his hands & fold them together like an old holly garment , & set on fire this clay-part of the creation of God , & consume away in smoke & ashes the idol-hopes of poor fools , who think there is not a better countrey then this low countrey of dying clay . Children can not make comparison aright betwixt this life and that to come ; & therefore the babes of this world who see no better , mould in their own brain a heaven of their own coyning , because they see no further then the nearest side of Time. I dare lay in pawne my hope of heaven that this reproached way , is the onely way of peace : I finde it is the way that the Lord hath sealed with his comforts now in my bonds for Christ : & I verily esteem & finde chains & fetters for that lovely one Christ , to be watered over with sweet consolations & the love-smiles of that lovely Bridegroom , for whose coming we wait : & when he cometh , then shall the black 's & white 's of all men come before the sun , then shall the Lord put a finall decision upon the pleas that Zion hath with her adversaries : And as fast as Time posteth away [ which neither sitteth , nor standeth , nor sleepeth ] as fast is our hand-breadth of this short winter-night flying away & the skie of our long lasting day drawing near it's breaking . Except your Lo : be pl●ased to plead for me against the tyranny of Prelats , I shall be forgotten in this prison : for they did shape my doom according to their new lawless Canons , which is , that a deprived minister shall be utterly silenced & not preach at all , which is a cruelty contrary to their own former practices . Now the onely wise God , the very God of peace confirm , strengthen & establish your Lo : upon the stone laid in Zion & be with you for ever . Aberd. 1637. Your Lo : at all respective obedience in his sweet Lord Iesus , S. R. To JEAN BROWN . ( 142 ) MISTRESS . GRace , mercy and peace be to you : I long to hear how your soul prospereth : I earnestly desire your on-going toward your countr●y : I know ye see your day melteth away by little & little , & that in short time ye will be put beyond Time's bounds ; for life is a post that standeth not still , & our joyes here are born weeping rather then laughing & they die weeping : Sin , Sin , this body of sin and corruption , imbittereth & poisoneth all our enjoyments . O that I were where I shall sin no more ! O to be freed of these chains & iron fetters that we carry about with us ! Lord loose the sad prisoners . Who of the children of God have not cause to say , that they have their fill of this vain life , & like a full and sick stomack to wish at mid-supper , that the supper were ended & the table drawen , that the sick man might win to bed and enjoy rest ? We have cause to tire at mid-supper of the best messes that this world can dress up for us , and to cry to God that he would remove the table & put the sin-sick souls to rest with himself . O for a long play-day with Christ , and our long lasting vacance of rest ! Glad may their souls be that are safe over the fi●th , Christ having payed the fraught : Happy are they who have past their hard and wearisom time of apprentiship , and are now free-men and citizens in that joyfull high city , the new Ierusalem . Alas that we should be glad of , and rejoyce in our fetters & our prison-house & this dear Innes , a life of sin , where we are absent from our Lord and so far from our home . O that we could get bonds & law-suretiship of our love , that it fasten not it self on these clay-dreams , these clayshadows and worldly vanities ! We might be oftener seeing what they are doing in heaven and our heart more frequently upon our sweet treasure above : We smell of the smoke of this lower house of the earth , because our heart and our thoughts are here : If we could haunt up with God , we should smell of heaven and of our countrey above , & we should look like our countrey and like strangers or people not born or brought up hereaway : Our crosses would not bite upon us , if we were heavenly minded . I know no obligation the saints have to this world , seeing we fare but upon the smoke of it , & if there be any smoke in the house , it bloweth upon our eyes : all our part of the table is scarce worth a drink of water , & when we are striken we dare not weep , but steal our grief away betwixt our Lord and us , and content our selves with stoln sorrow behinde backs . God be thanked we have many things that so stroake us against the hair , as we may pray , God keep our better home , God bless our Father's house , & not this smoke that bloweth us to seek our best lodging . I am sure this is the best fruit of the cross , when we from the hard fare of the dear Innes cry the more , that God would send a fair wind to ●…nd us hungred & oppressed strangers at the door of our Father's house , which now is made in Christ our kindly heritage . O then let us pull up the stakes & stoups of our tent , & take our tent on our back & goe with our flitting to our best home , for here we have no continuing city ! I am waiting in hope here , to see what my Lord will doe with me : Let him make of me whath he pleaseth ; providing he make glory to himself out of me , I care not . I hope , yea I am now sure , that I am for Christ , & all that I can or may make is for him : I am his everlasting debter or dyvour , & still shall be ; for alas I have nothing for him & he getteth little service of me ! Pray for me , that our Lord would be pleased to give me house-room , that I may serve him in the calling he hath called me unto . Grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To ROBERT STUART . ( 143. ) My Very dear Brother . GRace , mercy & peace be to you : Ye are heartily welcome to my world of suffering & heartily wel-come to my Master's house , God give you much joy of your new Master : If I have been in the house before you , I were not faithfull to give the house an ill name , or to speak evil of the Lord of the family : I rather wish God's Holy Spirit [ O Lord breath upon me with that Spirit ] to tell you the fashions of the house . One thing I can say , by on-waiting ye will grow a great man with the Lord of the house : Hang on till ye get some good from Christ : Lay all your loads & your weights by faith upon Christ : Ease your self & let him bear all : he can , he dow , he will bear you , howbeit hell were upon your back . I rejoyce that he is come & hath chosen you in the furnace , it was even there where ye & he set tryst , that is an old gate of Ch●ist's , he keepeth the good old fashion with you , that was in Hosea's days , Hos. 2 , 14. Therefore behold I will allure her & bring her to the wilderness and speak to her heart : There was no talking to her heart while he & she were in the fair & flourishing city & at ease ; but out in the cold , hungry , waste wilderness , he allureth her , he whispered in newes into her ear there , & said , Thou art mine . What would ye think of such a bed ? Ye may soon doe worse then say , Lord holds all , Lord Iesus a bargain be it , it shall not goe back on my side . Ye have gotten a great advantage in the way to heaven , that ye have started to the gate in the morning : Like a fool as I was , I suffered my sun to ●e high in the heaven and near afternoon , before ever I took the gate by the end : I pray you now , keep the advantage ye have : My heart , be not lazie , set as quickly up the b●ae on hands & feet , as if the last pickle of sand were running out of your glass , & death were coming to turn the glass : & be very carefull to take heed to your feet in that slippery & dangerous way of youth , that ye are walking in : The devil & temptations now have the advantage of the brae of you , & are upon your wand-hand & your working hand : Dry timber will soon take fire : Be covetous & greedy of the grace of God , & beware that it be not holiness that cometh on●ly from the cross , for too many are that way disposed , Psal. 78. 34. When he slew them then they sought him & they r●turned & enquired early after God. v. 35. Nevertheless they did flatter him with their mouth and they lyed unto him with their tongues . It is a part of our hypocrisie to give God ●air white words , when he hath us in his grips [ if I may speak so ] & to flatter him till we win to the fair fields again . Try well green godliness , and ex●mine what it is ye love in Christ : if ye love but Christ's sunny side , & would have onely summer-weather & a land-gate , not a sea-way to heaven , your profession will play you a slip , and the winter-well will goe dry again in summer : Make no sports nor bairns-play of Christ : But labour for a sound & lively sight of sin , that ye may judge your self an undone man , a damned slave of hell & sin , one dying in your own blood , except Christ come and rue upon you , & take you up ; and therefore make sure & fast work of conversion : Cast the earth deep ; and down , down with the old work , the building of confusion that was there before , & let Christ lay new work & make a new creation within you : look if Christ's rain goeth down to the root of your withered plants , and if his love wound your heart while it bleed with sorrow for sin , & if ye can pant & fall a swoon & be like to die for that lovely one , Jesus : I know Christ will not to be hid where he is , grace will ever speak for it self , be fruitfull in weldoing : The sanctified cros , is a fruitfull tree , it bringeth forth many apples . If I should tell you by some weak experience what I have found in Christ , ye or others could hardly beleeve me : I thought not the hundred part of Christ long since that I doe now , though alas my thoughts are still infinitely below his worth . I have a dwining , sickly and pained life for a reall possession of him , and am troubled with lovebrashes and love-fevers , but it is a sweet pain : I would refuse no conditions , not hell excepted [ reserving alwayes God's hatred ] to buy possession of Jesus ; but alas I am not a merchant who have any money to give for him , I must either come to a good cheap market where wares are had for nothing , else I goe home empty : But I have casten this work upon Christ to get me himself : I have his faith & truth & promise [ as a pawne of his ] all engaged , that I shall obtain that which my hungry desires would be at , & I esteem that the choice of my happiness : And for Christ's cross , especially the garland & the flower of all crosses , to suffer for his name , I esteem it more then I can write or speak to you : And I write it under mine own hand to you , it is one of the steps of the ladder up to our countrey , & Christ [ who ever be one ] is still at the heavy end of this black tree , & so it is but as a feather to me : I need not run at leisure because of a burthen on my back , my back never bare the like of it , the more heavily crossed for Christ , the soul is still the lighter for the journey . Now would to God , all cold-blooded , faint-hearted souldiers of Christ , would look again to Jesus & to his love , & when they look , I would have them to look again & again , & fill themselves with beholding of Christ's beauty , & I dare say then , that Christ should come in great court & request with many : The virgins would flock fast about the Bridegroom , they would embrace and take hold of him & not let him goe . But when I have spoken of him till my head rive , I have said just nothing , I may begin again : A God-head , a God-head is a world's wonder : Set ten thousand thousand new made worlds of angels and elect men , & double them in number , ten thousand , thousand , thousand times , let their heart & tongues be ten thousand , thousand times more agile & large , then the heart & tongues of the Seraphims that stand with six wings before him , Isa. 6. 2. When they have said all for the glorifying & praising of the Lord Jesus , they have but spoken little or nothing : his love will bide all possible creatures to praise . Oh if I could wear this tongue to the stump in extolling his highness ! but it is my daily growing sorrow , that I am confounded with his incomparable love , & he doeth so great things for my soul , & he got never yet any thing of me worth the speaking of . Sir , I charge you help me to praise him : It is a shame to speak of what he hath done for me & what I doe to him again . I am sure , Christ hath many drowned Dyvours in heaven beside him , & when we are conveened , man & angel , at the great day in that fair last meeting , we are all but his drowned Dyvours : It is hard to say who oweth him most : If men could doe no more , I would have them to wonder : If we cannot be filled with Christ's love ; we may be filled with wondering . Sir , I would I could perswade you to grow sick for Christ & to long after him , & be pained with love for himself ; but his tongue is in heaven , who can doe it ! To him & his rich grace I recommend you . I pray you , pray for me & forget not to praise . Aberd. June . 17. 1637. Yours in his sweet Lord Iesus . S. R. To the Lady GAITGIRTH . ( 144 ) MISTRESS . GRace , mercy & peace be to you : I long to know how matters stand betwixt Christ and your soul : I know ye finde him still the longer the better : time cannot change him in his love : ye may your self ebbe & flow , rise & fall , wax & wane , but your Lord is this day as he was yesterday : & it is your comfort that your salvation is not rolled upon wheels of your own making , neither have ye to doe with a Christ of your own shaping : God hath singled out a Mediator , strong & mighty , if ye & your burdens were as heavy as ten hills or hells , he is able to bear you & save you to the utt●rmost : Your often seeking to him cannot make you a burden to him . I know , Christ compassionateth you & maketh a moan for you in all your dumps , & under your downcastings ; but it is good for you that he hideth himself sometimes , it is not niceness driness , nor coldness of love , that causeth Christ withdraw & slip in under a curtain & a vail , that ye cannot see him ; but he knoweth , ye could not bear with up-sailes , a fair gaile , a full moon & a high spring-tide of his felt love , & alwayes a fair summer-day & a summer-sun of a felt & poss●ssed & embracing Lord J●sus : His kisses & his visits to his dearest o●es are thin sowen : He could not let out his rivers of love upon his own , but th●se rivers would be in hazard to loose a young plant at the root ; & he knoweth this of you : Ye should therefore first Christ's kindness as to it 's sensible and full manife●●ations , till ye and he be above sun & moon : that is the countrey where ye will be enlarged for that love which ye dow not now contain . Cast the burden of your sweet babes upon Christ , & lighten your heart by laying your All upon him , he will be their God. I hope to s●e you up the mountain yet , & glad in the salvation of God : Frame your self for Christ & gloom not upon his cross . I finde him so sweet , that my love , suppose I would charge it to remove from Christ , it would not obey me : His love hath stronger fingers then to let goe it's grips of us bairns , who cannot goe but by such a hold as Christ. It is good that we want legs of our own , since we may borrow from Christ : & it is our happiness that Christ is under an act of cautionry for heaven , & that Christ is booked in heaven as the principal debter for such poor bodies as we are . I request you , give the Laird your husband thanks for his care of me , that he hath appeared in publike for a prisoner of Christ : I pray & write mercy & peace & blessings to him & his . Grace , grace be with you for ever . Aberd. 1637. Yours in his sweet Lord Iesus S. R. To Mr JOHN FER GUSHILL . ( 145. ) Reverend & Dear Brother . GRace , mercy & peace be to you : My longings & desires for a sight of the new builded tabernacle of Christ again in Scotland , that tabernacle that came down from heaven , hath now taken some l●fe again , when I see Christ making a mint to sow vengeance among his enemies . I care not , if this land be ripe for such a great wonderfull mercy ; but I know he must doe , when ever it is done , without hire . I finde the grief of my silence & my f●ar to be holden at the door of Christ's house swelling upon me : & the truth is , were it not that I am dâted now & then with pieces of Christ's sweet love & comforts , I fear I should have made an ill browst of this honourable cross , that I know such a soft & sillyminded body as I am , is not worthy of : For I have little in me but softness & superlative & excessive apprehensions of fear & sadness & sorrow , & often God's terrors doe surround me , because Christ looketh not so favourably upon me , as a poor witness would have him : And I wonder how I have past a year & a quarter's imprisonment without shaming my sweet Lord , to whom I desire to be faithfull ; & I think I shall die but even minting & aiming to serve & honour my Lord Jesus : Few know how toom & empty I am at home ; but it is a part of Marriage-love & husband love , that my Lord Jesus goeth not to the streets with his chiding against me : It is but stoln & concealed anger that I finde & feel , & his glooms to me are kept under roof , that he will not have mine enemies hearing what is betwixt me & Christ : And beleeve me , I say the truth in Christ , the onely gall and wormwood in my cup , & that which hath filled me with fear ; hath been , lest my sins , that sun & moon & the Lord's children were never witness to , should have moved my Lord to strike me with dumb sabbaths : Lord pardon my soft & weak jealousies , if I be here in an error . My very dear Brother , I would have looked for more large & more particular letters from you , for my comfort in this ; for your words before have strengthned me : I pray you , mend this : & be thankfull & pain●ull while ye have a piece or corner of the Lord's vineyard to dress . O would to God , I could have leave to follow you to break the clods ! but I wish I could command my soul silence & wait upon the Lord. I am sure while Christ lives I am well enough friend-stead : I hope he will extend his Kindness & power for me ; but God be thanked , it is not worse with me then a cross for Christ & his truth . I know he might have pitched upon many more choise & worthy witnesses , if he had pleased ; ●ut I seek no more [ be what timber I will , suppose I were made of a piece of hell ] then that my Lord in his infinite art , hew glory to his name & enlargement to Christ's Kingdom out of me . C● that I could attain to this , to desire that my part of Christ might be laid in pledge for the heightning of Christ's throne in Britain ! Let my Lord redeem the pledge , or , if he please , let it sink & drown unredeemed : But what can I adde to him ? Or what way can a smothered and born-down prisoner set out Christ in open market as a lovely & desireable Lord to many souls ? I know he sieth to his own glory better then my ebbe thoughts can dream of , & that the vvheels & paces of this poor distempered Kirk are in his hands , & that things shall roll as Christ will have them : Onely , Lord tryst the matter so , as Christ may be made a housholder & Lord again in Scotland , and wet faces for his departure , may be dried at his sweet & much desired welcome-home . I see in all our trials , our Lord will not mix our wares & his grace over head through other ; but he will have each man to know his own , that the like of me ma● say in my sufferings , This is Christ's grace , & this is but my course stuff , this is free grace & this is but nature and reason : We know what our legs would play us , if they should carry us through all our waters : and the least thing our Lord can have of us , is , to know we are grace's debters , or grace's dyvours , & that nature is of a base house & blood , & grace is better born & of● in & blood to Christ & of a better house . Oh that I were free of that Idol that they call my self , & that Christ were for myself , & my self a decourted cipher & a denied & forsworn thing ! But that proud thing my self , will not play except it ride up side for side with Christ , or rather have place before him . O my self , another devil , as evil as the prince of devils , if thou could give Christ the way & take thine own room , which is to sit as low as nothing or corruption ! O but we have much need to be ransomed & redeemed by Christ from that master-tyrant , that cruel & lawless Lord , our self ! Nay , when I am seeking Christ & out of my self , I have the third part of a squint eye upon that vain , vain thing , my self , my self , & something of mine own : But I must hold here . I desire you to contribute your help , to see if I can be restored to my wasted & lost flock : I see not how it can be ; except the Lords would procure me a liberty to preach ; & they have reason : 1. Because the opposers & my adversaries have practised their new Canons upon me , whereof one is , That no deprived Minister preach under the pain of excommunication . 2. Because my opposing of these Canons was a special thing that incensed Sidserf against me . 3. Because I was indicially accused for my book against the Arminians , & commanded by the Chancellour to acknowledge I had done a fault in writing against Dr Iackson , a wicked Arminian . Pray for a room in the house to me . Grace , grace be , [ as it is ] your portion . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To JOHN STUART . Provest of Ayr , ( 146. ) Worthy Sir. GRace , mercy & peace be to you : I long for the time when I shall see the beauty of the Lord in his house , & would be as glad of it , as of any sight on earth , to see the halt , the blinde & the lame , come back to Zion with supplications , Ier. 31 , 8 , 9. going & weeping & seeking the Lord , asking the way to Zion with their faces thitherward Ier. 50. 5 , 6. & to see the woman travelling in birth , delivered of the man childe , of a blessed Reformation . If this land were humbled , I would look that our skie should clear & our day dawn again , & ye should then bless Christ who is content to save your travel , & to give himself to you in pure ordinances on this side of the sea . I know , the mercy of Christ is engaged by promise to Scotland , notwithstanding he bring wrath , as I fear he shall , upon this land . I am waiting on for enlargement , & half content that my faith bow , if Christ while he bow it , keep it unbroken ; for who goeth through a fire without a mark or a scald . I see the Lord making use of this fire to scour his vessels from their rust . Oh that my will were silent & as a childe weaned from the breasts ! Psal. 130. But alas , who hath a heart that will give Christ the last word in flyting , & will hear & not speak again ? Oh contestations & quarrelous replies [ as a soon sadled spirit , I doe well to be angry , even to the death , Ion. 4 : 9. ] Smell of the stink of strong corruption ! O blessed soul that could sacrifice his will & goe to heaven having lost his will & made resignation of it to Christ ! I would seek no more but that Christ were absolute King over my will , & that my will were a sufferer in all crosses , without meeting Christ with such a word , why is it thus ? I wish still that my love had but leave to stand beside beautifull Jesus , & to get the mercy of looking to him & burning for him , suppose possession of him were suspended & fristed , till my Lord fold together the leaves & two sides of the little shepherds tents of clay . Oh what pain is in longing for Christ under an over-clouded and eclipsed assurance ! What is harder then to burn and dwine with longings and deaths of love , & then to have blanks & uninked paper for assurance of Christ in real fruition or possession ? O how sweet were one line or half a letter of a written assurance under Christ's own hand ! But this is our exercise daily , that guiltiness shall overmist and darken assurance : It is a miracle to beleeve , but for a sinner to beleeve is two miracles . But O what obligations of love are we under to Christ , who beareth with our wilde apprehensions , in suffering them to nick-name sweet Jesus & to put a lye upon his good name ! If he had not been God ; and if long-suffering in Christ were not like Christ himself , we should long agoe have broken Christ's mercies in two pieces , & put an iron bar upon our own salvation , that mercy should not have been able to break or overleap ; but long-suffering in God , is God himself , & that is ou● salvation , & the stability of our heaven is in God : He knew ( who said Christ in you the hope of glory . Col. 1. 27. For our hope & the bottom & pillars of it is Christ-God ] sinners are anchor-fast & made stable in God : So that if God doe not change ( which is impossible ] then my hope shall not fluctuat . O sweet , stability of su●e-bottomed salvation ! Who could win heaven if this were not ? & who could be saved if God were not God , & if he were not such a God as he is ? O God be thanked that our Salvation is coasted & landed & shored upon Christ , who is master of winds & storms ! & what sea-winds can blow the coast or the land out of it's place ? Bulwarks are often casten down , but coasts are not removed ; but suppose that were , or might be , yet God cannot reel nor remove . Oh that we goe from this strong & unmoveable Lord , & that we loose our selves ( if it were in our power ) from him ! Alas , our green & young love hath not taken with Christ , as being unacquainted with him : He is such a wide & broad & deep & high & surpassing sweetness , that our love is too little for him : But O if our love , little as it is , could take ba●d with his great & huge sweetness and transcendent excellency ! O thrice blessed & eternally blessed are they , who are out of themselves & above themselves , that they may be in love united to him ! I am often rolling up & down the thoughts of my faint & sick desires of expressing Christ's glory before his people ; but I see not through the throng of impediments , & cannot finde eyes to look higher , and so I put many things in Christ's way to hinder him , that I know he would but laugh at , & with one stride set his foot over them all . I know not if my Lord will bring me to his sanctuary or not ; but I know he hath the placing of me either within or without the house , & that nothing will be done without him : But I am often thinking & saying within my self , that my dayes flee away , and I see no good , neither yet Christ's work thriving ; and it is like the grave shall prevent the answer of my desires of saving souls as I would : But alas I cannot make right work of his wayes , I neither spell nor read my Lord's providence aright : My thoughts goe a way , that I fear they meet not God ; for it is like God will not come the way of my thoughts : & I cannot be taught to crucifie to him my wisdom & desires , & to make him King over my thoughts ; for I would have a Princedom over my thoughts & would boldly & blindly prescribe to God , & guide my self in a way of my own making : But I hold my peace here , let him doe his will. Grace , grace be with you . Aberd. 1637. Yours in his sweetest Lord and Master , S. R. To CARSLUTH . ( 147 ) Much honoured Sir. I Long to hear how your soul prospereth . I earnestly desire you to try how matters stand between your soul & the Lord : think it no easy matter to take heaven by violence : Salvation cometh now to the most part of men in a night dream : there is no scarcity of faith now , such as it is ; for ye shall not now light upon the man , who will not say he hath faith in Christ : But alas ! dreams make no man's rights . Worthy Sir , I beseech you in the Lord , give your soul no rest till ye have reall assurance & Christ's rights confirmed & sealed to your soul : The common faith & countrey-holiness & week-day's zeal that is among people , will never bring men to heaven : Take pains for your salvation , for in that day when ye shall see many mens labours & conquests & idol-riches lying in ashes , when the earth & all the works thereof shall be burnt with fire , O how dear a price would your soul give for God's favour in Christ ! It is a blessed thing to seek Christ with up-sun , & to read over your papers & soul-accounts with fair day-light : It will not be time to cry for a lamp when the Bridegroom is entred into his chamber & the door shut . Fy , fy upon blinded & base souls who are committing whoredom with this idol-clay & hunting a poor wretched hungry heaven , a hungry break-fast , a day's meat , from this hungry world , with the forfeiting of God's favour & the drinking over their heaven over the board [ as men use to speak ] for the laughter & sports of this short forenoon ! All that is under this vault of heaven & betwixt us & death , & in this side of sun & moon , are but toyes , night-visions , head-fancies , poor shadows , watery froth , godless vanities at their best , & black hearts & salt & sowre miseries sugared over & confected with an hour's laughter or two & the conceit of riches , honour , vain , vain Court & lawless pleasures . Sir , if ye look both to the laughing side & the weeping side of this world , & if ye look not onely upon the skin and colour of things , but in to their inwards & the heart of their excellency , ye shall see that one look of Christ's sweet & lovely eye , one kiss of his fairest face , is worth ten thousand worlds of such rotten stuff as the foolish sons of men set their heart upon . Oh Sir , turn , turn your heart to the other side of things , & get it once free of these entanglements , to consider Eternity , Death , the clay-bed the Grave , awsom Judgement , everlasting burning quick in Hell , where Death would give as great a price [ if there were a Market where Death might be bought & sold ] as all the world . Consider heaven & glory : But alas , why speak I of considering these things which have not entered into the heart of man to consider ? Look into these depths [ without a bottom ] of loveliness , sweetness , beauty , excellency , glory , goodness , grace & mercy that are in Christ , & ye shall then cry down the whole world & all the glory of it , even when it is come to the summer-bloom , & ye shall cry up with Christ , up with Christ's father , up with eternity of glory . Sir , there is a great deal of less sand in your glas● then when I saw you , & your afternoon is nearer even-tide now then it was . As a flood carried back to the sea , so doth the Lord's swi●t post , Time , carry you & your life with wings to the grave : Ye eat & drink , but Time standeth not still ; ye laugh , but your day fleeth away , y● sleep , but your hours are reckoned & put by hand . O how soon will Time shut you out of the poor & cold & hungry Innes of this life ! & then what will yesterday's short-born pleasures doe to you , but be as a snow-ball melted away many years since , or worse ; for the memorie of these pleasures useth to fill the soul wit● bitternesse : Time & experience will prove thi● to be true , & dying men , if they could speak , would make this good : Lay no more on the creatures then they are able to carry : Lay your soul and your weights upon God : Make him your onely , onely best beloved : Your errand to this life is to make sure an eternity of glory to your soul , & to match your soul with Christ : your love , if it were more then all the love of Angels in one , is Christ's due : Other things worthy in themselves , in respect of Christ are not worth a windlestraw , or a drink of cold water . I doubt not but in death ye will see all things more distinctly , and that then the world shall bear no more bulke then it is worth , & that then it shall couche & be contracted into nothing , & ye shall see Christ longer , higher , broader & deeper then ever he was . O blessed conquest to lose all things & to gain Christ ! I know not what ye have if ye want Christ : Alas , how poor is your gain if the earth were all yours in f●ee heritage , holding it of no man of clay , if Christ be not yours ? O seek all midses , lay all oars in the water , put forth all your power , & bend all your endeavours to put away & part with all things , that ye may gain & enjoy Christ : try & search his word , & stri●e to goe a step above & beyond ordinary professours , & resolve to sweat more & run faster then they doe for Salvation : mens mid-way , cold and wise courses in godliness , and their neighbour-li●e cold & wise pace to heaven , will cause many a man want his lodging at night & li● in the fields . I recommend Christ & his love to your seeking , & yourself to the tender mercy & rich grace of our Lord. Remember my love in Christ to your wife : I desire her to learn to make her soul's anchor fast upon Christ himself : Few are saved : Let h●r consider what jo● the smiles of God in Christ will be , & what the love-kisses of sweet , sweet Jesus , & a welcome home to the new Ierusalem from Christ's own mouth , will be to her soul ; when Christ shall fold together the clay tent of her body and lay it by his hand for a time , till the fair morning of the generall resurrection . I avouch before God , man and Angel , that I have not seen , nor can imagine a lover to be comparable to lovely Jesus : I would not exchange or niffer him with ten heavens : If heaven could be without him , what could we doe there . Grace , grace be with you . Aberd. 1637. Your soul 's eternal well-wisher , S. R. To CASSINCARRIE . ( 148. ) Much honoured Sir. GRace , mercy and peace be to you : I have been too long in writing to you . I am confident ye have learned to prize Christ & his love & favour more then ordinary professours , who scarce see Christ with half an eye , because their sight is taken up with eying & liking the beauty of this over-guileded world that promiseth fair to all it's lovers , but in the push of a trial when need is , can give nothing but a fair beguile . I know ye are not ignorant that men come not to this world as some doe to a market , to see and be seen , or as some come to behold a May-game , and onely to behold and to goe home again : Ye came hither to treat with God & to tryst with him in his Christ , for salvation to your soul , & to seek reconcilation with an angry and wrathful God in a covenant of peace made to you in Christ , & this is more then an ordinary sport or the play that the greatest part of the world give their heart unto : And therefore , Worthy Sir , I pray you by the salvation of your soul and by the mercy of God & your compearence before Christ , doe this in sad earnest , & let not salvation be your by-work or your holy-day's task onely , or a work by the way : For men think that this may be done in three dayes space on a feather-bed , when death & they are fallen in hands together , and that with a word or two they shall make their soul-matters right : Alas , this is to ●it loose and unsure in the matters of our salvation : Nay , the seeking of this world & the glory of it , is but an odde & by-errand that we may slip , sobeing we make salvation sure . Oh when will men learn to be that heavenly wise as to divorce from & free their soul of all Idol-lovers , and make Christ the onely onely One , and trim & make ready their lamps while they have time and day ! How soon will this house skail and the Innes where the poor soul lodgeth fall to the earth ! How soon will some few years pass away , & then when the day is ended & this life's lease expired , what have men of world's glory , but dreams & thoughts ? O how blessed a thing is it to labour for Christ & to make him sure ! Know and try in time your holding of him and the rights and charters of heaven , and upon what terms ye have Christ and the Gospel , and what Christ is worth in your estimation , and how lightly ye esteem of other things and how dearly of Christ ! I am sure if ye see him in his beauty and glory , ye shall see him to be all things , and that incomparable jewel of gold that ye should seek , howbeit ye should sell , wod-set & forfeit your few years portion of this life's joyes . O happy soul for evermore who can rightly compare this life with that long-lasting life to come , & can ballance the weighty glory of the one , with the light golden vanity of the other ! The day of the Lord is now near hand , & all mē shall come out in their black 's & white 's as they are : There shall be no borrowed lying colours in that day , when Christ shall be called Christ & no longer nicknamed : now men borrow Christ & his white colour & the lustre & fairding of Christianity ; but how many counterfeit masks will be burnt in the day of God , in the fire , that shall burn the earth & the works that are in it : And howbeit Christ have the hardest part of it now , yet in the presence of my Lord whom I serve in the spirit , I would not niffer or exchange Christ's prison , bands & chains , with the gold chains & Lordly rents , & smiling & happy-like heavens of the men of this world . I am far from thoughts of repenting because of my losses & bonds for Christ , I wish all my adversaries were as I am except my bonds . Worthy , worthy , worthy for evermore is Christ , for whom we should suffer pains like hell's pains , far more the short hell that the saints of God have in this life . Sir , I wish your soul may be more acquainted with the sweetness of Christ. Grace , grace be with you . Abord . 1637. Yours in his onely Lord & Master , S. R. To his Parishoners at Anwoth . ( 149 ) . Dearly beloved in our Lord. GRace , mercy & peace from God our father & from our Lord Jesus Christ be multiplied upon you : I long exceedingly to hear of your on-going & advancement in your journey to the Kingdom of God : My onely joy out of heaven is , to hear that the seed of God sowen among you is growing & coming to an harvest ; for I ceased not while I was among you , in season & out of season [ according to the measure of grace given unto me ] to warn & stir up your mindes , & I am free from the blood of all men , for I have communicated to you the whole counsel of God : And I now again charge & warn you in the great & dreadfull name , and in the soveraign authority of the King of Kings and Lord of Lords ; and I beseech you also by the mercies of God , and by the bowels of Christ , by your appearance before Christ Jesus our Lord , by all the plagues that are written in God's book , by your part of the holy city , the new Jerusalem , that ye keep the truth of God as I delivered it to you , before many witnesses , in the sight of God and his holy Angels ; for now the last dayes are come & coming when many forsake Christ Jesus , & he saith to you , will ye also leave me ? Remember that I forewarned you to forbear the dishor ouring of the Lord's blessed name , in swearing , b●●spheming , cursing , And the prefaning of the Lord's sabbath ; willing you to give that day from morning to night to praying , praising , hearing of the word , conferring , and speaking not your own words but God's word , thinking and meditating on God's nature , word and works ; And that every day at morning and at right [ at least ] ye should sanctifie the Lord by praying in your houses publickly in the hearing of all ; that ye should in any sort forbear the receiving of the Lord's supper , but after the form that I delivered it to you , according to the example of Christ our Lord , that is , that ye should sit as banquetters , at one table with our King , & eat & drink , & divide the elements one to another : The timber & stones of the church walls shall bear witness that my soul was refreshed with the comforts of God in that supper ; and that crossing in baptisme was unlawfull and against Christ's ordinances ; And that no day [ besides the sabbath which is of his own appointment ] should be kept holy , and sanctified with preaching & the publick worship of God for the memory of Christ's birth , death , resurrection & ascension ; seeing such dayes so observed are unlawfull , wil-worship , and not warranted in Christ's word ; And that every thing in God's worship not warranted by Christ's Testament & word , was unlawfull ; And also , that Idolatry , worshipping of God before hallowed creatures , & adoring of Christ by kneeling before bread & wine was unlawfull ; And that ye should be humble , sober , modest , forbearing pride , envy , malice , wrath , hatred , contentim , debate , lying , slandering , stealing , & defrauding your neighbours in grass , corn or cattell , in buying or selling , borrowing or lending , taking or giving , in bargains or covenants ; And that ye should work with your own hands , & be content with that which God hath given you ; That ye should studie to know God & his will , and keep in minde the doctrine of the Catechisme which I taught you carefully , and speak of it in your houses and in the fields , when ye lie down at night , and when ye rise in the morning ; That ye should beleeve in the Son of God and obey his commandments , and learn to make your accounts in time with your judge , because death & judgement are before you : And if ye have now penury and want of that word which I delivered to you in abundance ; yea [ to God's honour I speak it , without arrogating any thing to my self , who am but a poor empty man ] ye had as much of the word in nine years while I was among you , as some others have had in many . Mourn for your loss of time & repent : My soul pitieth you that ye should suck dry breasts , & be put to draw at dry wells . O that ye would esteem highly of the lamb of God , your welbeloved Christ Jesus , whose vertues and praises I preached unto you with joy , & which he did countenance & accompany with some power ; and that ye would call to minde the many fair dayes and glorious feasts in our Lord's house of wine , that ye and I have have had with Christ Jesus ! But if there be any among you that take liberty to sin , because I am removed from amongst you , and forget that word of truth which ye heard , and turn the grace of God into wantoness ; I here under my hand in the name of Christ my Lord , write to such persons all the plagues of God & the curses that ever I preached in the pulpit of Anwoth against the childrens of disobedience : And as the Lord liveth the Lord Jesus shall make good what I write unto you : Therefore , Dearly beloved , fulfill my joy : Fear the great and dreadfull name of the Lord : seek God with me , Scotland's judgement sleepeth not , awake & repent : the sword of the Lord shall goe from the North to the South , from the East to the West and through all the corners of the land , and that sword shall be drunk with your blood amongst the first ; & I shall stand up as witness against you , if ye doe not amend your wayes and your doings , and turn to the Lord , with all your heart : I beseech you also my beloved in the Lord , my joy & my Crown , offend not at the sufferings of me , the prisoner of Jesus Christ ; I am filled with joy and with the comforts of God : Upon my salvation I know & am perswaded it is for God's Truth and the Honour of my King & Royall Prince Jesus I now suffer : and howbeit this town be my prison , yet Christ hath made it my palace , a garden of pleasures , a field & orchard of delights : I know likewise albeit I be in bonds , that yet the word of God is not in bonds , my spirit also is in free ward : Sweet , svveet have his comforts been to my soul : my pen , tongue and heart have not vvords to express the kindness , love & mercy of my vvelbeloved to me in this house of my pilgrimage . I charge you to fear & love Christ , & to seek a house not made vvith hands , but your father's house above : This laughing and white skinned world beguileth you ; & if ye seek it more then God , it shall play you a slip , to the endless sorrow of your heart : Alas , I could not make many of you fall in love with Christ , howbeit I endeavoured to speak much good of him , & to commend him to you [ which as it was your sin , so it is my sorrow ] yet once again suffer me to exhort , beseech & obtest you in the Lord , to think of his love & to be delighted with him , who is altogether lovely : I give you the word of a King ye shall not repent it : ye are in my prayers night & day , I cannot forget you : I doe not eat , I doe not drink , but I pray for you all : I entreat you all & every one of you to pray for me . Grace , grace be with you . Aberd. Sept. 23. 1636. Your lawfull & loving Pastor , S. R. To the Lady CARDONNESS . [ 150 ] MISTRESS . I Beseech you in the Lord Jesus make every day more & more of Christ , & try your growth in the grace of God , & what new ground ye win daily on corruption ; for travellers are day by day either advancing further on , & nearer home , or else they goe not right about to compass their journey : I think still the better & better of Christ : Alas I know not where to set him , I would so fain have him high ! I cannot set heavens above heavens till I were tired with numbering , & set him upon the highest step & story of the highest of them all : But I wish I could make him great through the world , suppose my loss & pain & shame were set under the soles of his feet , that he might stand upon me . I request you faint not because this world & ye are at yea & nay , & because this is not a home that laugheth upon you , The wise Lord who knoweth you will have it so , because he casteth a net for your love to catch it & gather it in to himself ; therefore bear patiently the loss of children and burdens and other discontentments either within or without the house : Your Lord in them is seeking you , and seek ye him : Let none be your love & choice , & the flower of your delights but your Lord Jesus : Set not your heart upon the world , since God hath not made it your portion ; for it will not fall you to get two portions , and to laugh twice , and to be happy twice , and to have an upper-heaven and an under-heaven too : Christ our Lord & his saints were not so ; & therefore let goe your grip of this life & of the good things of it : I hope your heaven groweth not hereaway : Learn daily both to possess & miss Christ in his secret bridegroom-smiles : He must goe & come because his infinite wisdom thinketh it best for you : we will be together one day : We shall not need to borrow light from sun , moon or candle : There shall be no complaints on eiher side in heaven : There shall be none there but He & we , the bridegroom & the bride ; Devils , temptations , trials , desertions , losses , sad hearts , pain & death shall all be put out of play , & the Devil must give up his office of Tempting : O blessed is the soul whose hope hath a face looking straight out to that day ! It is not our part to make a treasure here : Any thing under the covering of heaven we can build upon , is but ill ground , & a sandy foundation : Every good thing except God wanteth a bottom , & cannot stand it's alone ; how then can it bear the weight of us ? Let us not lay a load upon a windlestraw , there shall nothing finde my weight or found my happiness , but God : I know all created power should sink under me , if I should lean down upon it ; & therfore it is better to rest on God then sink or fall : & we weak souls must have a bottom & being-place ; for we cannot stand our alone : let us then be wise in our choice , & chuse & waile our own blessedness , which is to trust in the Lord : Each one of us hath a whore & idol besides our husbend Christ : But it is our folly to divide our narrow & little love : It will not serve two , best then hold it whole & together , & give it to Christ ; for then we get double interest for our love , when we lend it to , & lay it out upon Christ , & we are sure besides , that the stock cannot perish . Now , I can say no more , remember me : I have God's right to that people ; howbeit by the violence of men , stronger then I , I am banished from you & chased away : The Lord give you mercy in the day of Christ : It may be God clear my sky again ; howbeit there is small appearance of my deliverance : But let him doe with me what seemeth good in his own eyes : I am his clay , let my porter frame & fashion me as he pleaseth . Grace be with you , Aberd. 1637. Your lawfull & loving Pastor , S. R. To SIBILLA Mc ADAM . ( 151 ) MISTRESS . GRace , mercy & peace be to you : I can bear witness in my bonds that Christ is still the longer the better , & no worse , yea , inconceivably better then he is , or can be called : I think it half an heaven to have my fill of the sm●ll of his sweet breath , & to sleep in the arms of Christ my Lord with his left hand under my head , & his right hand embracing me : There is no great reckoning to be made of the withering of my flower , in comparison of the foul & manifest wrongs done to Christ : Nay , let never the dew of God lie upon my branches again , let the bloom fall from my joy and let it wither , let the Almighty blow out my candle ; sobeing the Lord might be great among Jews & Gentiles , and his oppressed church delivered : Let Christ fare well , suppose I should eat ashes : I know he must be sweet himself , when his cross is so sweet : And it is the part of us all , if we marrie Himself , to marrie the crosses , losses , & reproaches also that follow him ; for mercy followeth Christ's cross : His prison for beauty is made of marble & ivory , his chains that are laid on his prisoners are golden chains , & the fighes of the prisoners of hope are perfumes with comforts , the like whereof cannot be bred of found in this side of sun & moon : Follow on after his love , ●ire not of Christ ; but come in and see his beauty & excellency , & feed your soul upon Christ's sweetness : This world is not yours , neither would I have your heaven made of such mettall as mire & clay : Ye have the choice & waile of all lovers in heaven or out of heaven when ye have Christ , the onely delight of God his father : Climb up the mountain with joy & faint not ; for time will cut off , the men who pursue Christ's followers : Our best things here have a worm in them : Our joyes besides God ; in the inner half are but woes & sorrowes : Christ , Christ is that which our love and desires , can sleep sweetly & rest safely upon . Now , the very God of peace establish you in Christ : Help a prisoner with your prayers , and entreat that our Lord would be pleased to visite me with a fight of his beauty in his house , as he hath sometimes done . Grace , be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To the Laird of CALLY . ( 152 ) Worthy Sir. GRace , mercy & peace be to you : I have been too long I confess in writing to you . My sute now to you in paper [ since I have no access to speak to you as formerly ] is , that ye would lay the foundation sure in your youth : When ye begin to seek Christ , try I pray you upon what terms ye covenant to follow him , and lay your accounts what it may cost you ; that summer nor winter , nor well nor woe , may not , cause you change your master , Christ : Keep fair to him & be honest and faithfull that he finde not a crack in you . Surely ye are now in the throng of temptations : When youth is come to it's fairest bloom , then the Devil & the lusts of a deceiving world & sin are upon horse-back and follow with up sails : If this were not , Paul needed not to have written to a sanctified & holy youth Timothy [ a faithfull preacher of the Gospel ] flee the lusts of youth . Give Christ your virgin-love , ye cannot put your love & heart in a better hand . O if ye knew him & saw his beauty ! Your love , your liking , your heart , your desires would close with him & cleave to him . Love by nature when it seeth , cannot but cast out it 's spirit and strength upon amiable objects & good things & things love-worthy : and what fairer thing then Christ ? O fair sun and fair moon and fair stars , and fair flowers and fair roses and fair lilies , and fair creatures ; but O ten thousand thousand times fairer Lord Jesus ! Alas , I wronged him in making the comparison this way ! O black sun & moon , but O fair Lord Jesus ! O black flowers & black lilies & roses , but O fair , fair , ever fair Lord Jesus ! O all fair things , black & deformed without beauty , when ye are beside that fairest Lord Jesus ! O black heaven , but O fair Christ ! O black Angels , but O surpassingly fair Lord Jesus ! I would seek no more to make me happy for evermore , but a through & clear sight of the beauty of Jesus my Lord : Let my eyes enjoy his fairness & store him for ever in the face , & I have all that can be wished . Get Christ rather then gold or silver , seek Christ howbeit ye should lose all things for him : They take their marks by the moon & look asquint in looking to fair Christ , who resolve for the world & their ease , & for their honour & court & credit , or for fear of losses & a sore skin that they will turn their back upon Christ & his truth . Alas , how many blinde eyes & squint-lookers look this day in Scotland upon Christ's beauty , & they see a spot in Christ's fair face ! Alas , they are not worthy of Christ who look this way upon him , & see no beauty in him why they should desire him ! God send me my fill of his beauty , if it be possible that my soul can be full of his beauty here : But much of Christ's beauty needeth not abate the eager appetite of a soul [ sick of love for himself ] to see him in the other world , where he is seen as he is . I am glad with all my heart that ye have given your greenest morning age to this Lord Jesus : Hold on & weary not , faint not , resolve upon suffering for Christ , but fear not ten dayes tribulation , for Christ's sowre cross is sugared with comforts & hath a taste of Christ himself . I esteem it my glory , my joy & my crown , & I bless him for this honour , to be yoked with Christ & married with him in suffering , who therefore was born & therefore came into the world that he might bear witness to the truth . Take pains above all things for salvation , for without running , fighting , sweating , wrestling , heaven is not taken . O happy soul , that crosseth nature's stomack , & delighteth to gain that fair garland & crown of glory ! What a feckless loss is it for you to goe through this wilderness & never taste of sin's sugared pleasures ! What poorer is a soul to want pride , lust , love of the world & the vanities of this vain & worthless world ! Nature hath no cause to weep at the want of such toyes as these . Esteem it your gain to be an heir of glory , O but that is an eye-look to a fair rent ! The very hope of heaven under troubles , is like wind & sails to the soul , & like wings when the feet come out of the share . O for what stay we here ! Up , up , after our Lord Jesus , this is not our rest nor our dwelling : What have we to doe in this prison , except onely to take meat & house-room in it for a time ? Grace , grace be with you . Aberd. 1637. Your soul's welwisher & Christ prisoner , S. R. To WILLIAM GORDON . At Kenmure . ( 153 Dear Brother . GRace , mercy & peace be to you : I have been long in answering your letter , which came in good time to me . It is my aim & hearty desire that my furnace , which is of the Lord 's kindling , may sparkle fire upon standers by , to the warming of their hearts with God's love . The very dust that falleth from Christ's feet , his old ragged clothes , his knotty & black cross , is sweeter to me then Kings golden crowns & their time-eaten pleasures : I should be a liar & false witness , if I should not give my Lord Jesus a fair testimonial with my whole soul : my word I know will not heighten him , he needeth not such props under his feet to raise his glory high : But Oh that I could raise him the height of heaven & the breadth & length often heavens in the estimation of all his young lovers ! for we have all shapen Christ but too narrow & too short , & formed conceptions of his love in our conceit very unworthy of it . Oh that men were taken & catched with his beauty & fairness ! They would give over playing with idols , in which there is not halfroom for the love of one soul to exspatiat itself , & man's love is but heart-hungered in gnawing upon bare bones & sucking at dry breasts : It is well wared they want who will not come to him who hath a world of love & goodness & bounty for all . We seek to thawe our frozen hearts at the cold smoke of the short-timed creature , & our souls gather neither heat nor life nor light , for these cannot give to us what they have not in themselves . Oh that we could thrust in through these thorns & this throng of bastardlovers , & be ravished & sick of love for Christ ! We should sinde some footing & some room & sweet ease for our tottering & wirless souls in our Lord. I wish it were in my power after this day , to cry down all love but the love of Christ , & to cry down all Gods but Christ , all Saviours but Christ , all welbeloveds but Christ , & all soul-suters , all love-beggers but Christ. Ye complain that ye want a mark of the sound work of grace & love in your soul. For answer , consider for your satisfaction ( till God send more ) 1. Ioh. 3 : 14. And as for your complaint of Deadness & Doubtings , Christ I hope will take your deadness & you together : They are bodies full of holes , running boils , & broken bones that need mending , that Christ the Physician taketh up : whole vessels are not for the Mediator Christ's art : Publicans , sinners , whores , harlots , are ready market-wares for Christ : The onely thing that will bring sinners within a cast of Christ's drawing arm , is , that which ye write of , some feeling of death & Sin that bringeth forth complaints : & therefore out of sense complain more , & be more acquaint with all the cramps , stitches & soul-swoonings that trouble you : The more pain & the more night-watching & the moe fevers , the better : A soul bleeding to death till Christ were sent for & cried for in all haste to come & stem the blood & close up the hole in the wound , with his own hand & balm , were a very good disease when many are dying of a whole heart . We have all too little of hell-pain & terrours that way : Nay , God send mesuch a hell as Christ hath promised to make a heaven out of . Alas , I am not come that far on in the way as to say in sad earnest , Lord Iesus , great & soveraign Physician , here is a pained patient for thee . But the thing that we mistake , is the want of victory , we hold that to be the mark of one that hath no grace : Nay , I say , the want of fighting were a mark of no grace , but I shall not say , the want of victory is such a mark . If my fire & the Devil's water make crackling like thunder in the air , I am the less feared ; for where there is fire , it is Christ's part that I lay & binde upon him to keep in the coal , and to pray the father that my faith fail not , if I in the mean time be wrestling & doing and sighing and mourning : For prayer putteth not Paul's devil [ the prick in the flesh & the messenger of Satan ] to the door at first , but our Lord will have them trying every one another and let Paul send himself by God's help , God keeping the stakes & moderating the play : And ye doe well not to doubt if the ground-stone be sure , but to try if it be so , for there is great ods between doubting that we have grace & trying if we have grace : the former may be sin , but the latter is good . We are but loose in trying our free-holding of Christ & making sure work of Christ : Holy fear is a searching the camp that there be no enemy within our bosom to betray us , & a seeing that all be fast & sure : For I see many lecking vessels fair before the wind , & professours who take their conversion upon trust , & they goe on securely & see not to the under-water till a storm sink them : Each man had need twice a day & oftner , to be ryped & searched with candles . pray for me that the Lord would give me house-room again to hold a candle to this dark world . Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord & Master , S. R. To MARGARET FULLERTON . ( 154 ) MISTRESS . GRace , mercy & peace be to you : I am glad that ever ye did cast your love on Christ , fasten more and more love every day upon him . O if I had a river of love , a sea of love that would never goe dry , to bestow upon him ! But alas the pity , Christ hath beauty for me , but I have not love for him . O what pain is it to see Christ in his beauty , & then to want a heart & love for him ! But I see , want we must , till Christ lend us , never to be payed again . O that he would empty these vaults and lower houses of these poor souls , of these bastard and base lovers which we follow ! And verily I see no object in heaven or in earth that I could ware this much of love upon that I have , but upon Christ. Alas that clay and time and shadows run away with our love , which is ill spent upon any but upon Christ : each fool at the day of judgement shall seek back his love from the creatures , when he shall see them all in a fair fire , but they shall prove irresponsall debters : And therefore best here look ere we leap , and look ere we love . I finde now under his cross that I would fain give him more then I have to give him , if giving were in my power : But I rather wish him my heart then give him it , except he take it and put himself in possession of it [ for I hope he hath a market-right to me , since he hath ransomed me ] I see not how Christ can have me . O that he would be pleased to be more homely with my soul's love , and to come in to my soul and take his own ! But when he goeth away & hideth himself , all is to me that I had of Christ , as if it had fallen in the seabottom . Oh that I should be so fickle in my love , as to love Christ onely by the eyes and the nose ! That is , to love him onely in as far as fond & foolish sense carrieth me & no more : And when I see not , & smell not , and touch not , then I have all to seek . I cannot love parquier , nor rejoyce parquier : But this is our weakness till we be at home & shall have aged mens stomacks to bear Christ's love . Pray for me , that our Lord would bring me back to you with a new blessing of the Gospel of Christ. I forget not you . Grace . grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To WILLIAM GLENDINING . ( 155. ) Dear Brother . YE are heartily welcome to that honour that Christ hath made common to us both , which is to suffer for his name : Verily I think it my garland & crown , & if the Lord should ask of me my blood & life for this cause , I would gladly in his strength pay due debt to Christ's honour & glory in that kinde . Acquaint your self with Christ's love & ye shall not miss to finde new goldē mines & treasures in Christ : Nay truly , we but stand beside Christ , we goe not in to him to take our fill of him . But if he should doe two things , 1. Draw the curtains & make bare his holy face , & then 2. Clear our dim & bleared eyes to see his beauty & glory , he should finde many lovers . I would seek no more happiness but a sight of him so near hand as to see , hear , smell , & touch & embrace him : But oh , closed doors & vails & curtains & thick clouds hold me in pain while I finde the sweet burning of his love that many waters cannot quench ! O what sad hours have I when I think , that love of Christ scarreth at me & bloweth by me ! If my Lord Jesus would come to bargaining for his love , I think he should make price himself , I should not refuse ten thousand years in hell , to have a wide soul enlarged & made wider , that I might be exceedingly [ even to the running over ] filled with his love . O what am I to love such an one , or to be loved by that high & lofty One ! I think the Angels may blush to look upon him , & what am I to file such infinite brightness with my sinfull eyes ? O that Christ would come near & stand still & give me leave to look upon him ! For to look seemeth the poor man's priviledge , since he may for nothing & without hire behold the sun . I should have a King's life , if I had no other thing to doe , but for evermore to behold & eye my fair Lord Jesus : Nay , suppose I were holden out , at heaven's fair entry , I should be happy for evermore to look through an hole in the door & see my dearest & fairest Lord's face . O great King , why standest thou aloof ? Why remainest thou beyond the mountains ? O welbeloved , why doest thou pain a poor soul with delayes ? a long time out of thy glorious presence is two deaths & two hells to me ; We must meet , I must see him , I dow not want him : hunger & longing for Christ hath brought on such a necessity of enjoying Christ , that cost me what it will , I cannot but assure Christ , I will not , I dow not want him : For I cannot master or command Christ's love : nay , hell [ as I now think ] & all the pains in it laid on me alone , would not put me from loving : Yea , suppose my Lord Jesus would not love me , it is above my strength or power to keep back or imprison the weak love I have , but it must be out to Christ : I would set heaven's joy aside , & live upon Christ's love it 's alone : Let me have no joy but the warmness & fire of God's love , I seek no other : God knoweth , if this love be taken from me , the bottom is fallen out of all my happiness & joy ; & therefore I beleeve , Christ will never doe me that , as to bereave a poor prisoner of his love , it were cruelty to take it from me , & he who is kindness it self cannot be cruel . Dear Brother , weary not of my sweet Master's chains , we are so much the sibber to Christ that we suffer : Lodge not a hard thought of my royal King : rejoyce in his cross : Your deliverance sleepeth not , he that will come is not slack of his promise : Wait on for God's timeous salvation , ask not when or How long ? I hope he shall lose nothing of you in the furnace , but dross : Commit your cause in meekness [ forgiving your oppressours ] to God , and your sentence shall come back from him laughing : Our Bridegroom's day is posting fast on , & this world , that seemeth to goe with a long and a short foot , shall be put in two ranks : Wait till your ten dayes be ended and hope for the crown , Christ will not give you a blinde in the end . Commend me to your wife and father , & to Bailiffe M. A. And send this letter to him . The prayers of Christ's prisoner be upon you , & the Lord's presence accompany you . Aberd. July . 6. 1637. Yours in his sweet Lord Iesus . S. R. To ROBERT LENNO X. of Disdove . ( 156. ) Dear Brother . GRace , mercy & peace be to you : I beseech you in the Lord Jesus make fast and sure work of life eternall : Sow not rotten seed , every man's work will speak for it self what his seed hath been . O how many see I , who sow to the flesh ! Alas what a crop will that be , when the Lord shall put in his hook to reap this world , that is ripe & white for judgement . I recommend to you holiness & sanctification , & that ye keep your self clean from this present evil world : We delight to tell our own dreams , & to flatter our own flesh with the hope we have : It were wisdom for us to be free , plain , honest & sharp with our own souls , and to charge them to brew better , th●t they may drink well and fare well , when time is melted away like snow in a hot summer . O how hard a thing is it to get the soul to give up with all things on this side of death and doomsday ! We say we are removing and going from this world ; but our heart stirreth not one foot off it's seat . Alas I see few heavenly minded souls that have nothing upon the earth , but their body of clay going up and down this earth , because their soul & the powers of it are up in heaven , & there , their hearts live , desire , enjoy , rejoyce . Oh mens souls have no wings , and therefore night and day they keep their nest and are not acquaint with Christ ! Sir , take you to your one thing , to Christ , that ye may be acquainted with the taste of his sweetness & excellency , & charge your love not to dote upon this world ; for it will not doe your business in that day , when nothing will come in good stead to you , but God's favour : Build upon Christ some good , choice & fast work ; for when your soul for many years hath taken the play & hath posted & wandered through the creatures ye will come home again with the wind : They are not good , at least not the souls good , it is the infinite Godhead that must allay the sharpness of your hunger after happiness : otherwise there shall still be a want of satisfaction to your desires : And if he would cast in ten worlds in your desires , all shall fall thorow , & your soul shall still cry red hunger , black hunger : But I am sure there is sufficient for you in Christ , if ye had seven souls & seven desires in you . Oh if I could make my Lord Jesus market-sweet , lovely desireable & fair to all the world both to Jew and Gentil ! O let my part of heaven goe for it , sobeing he would take my tongue to be his instrument , to set out Christ in his whole braveries of love , vertue , grace , sweetness & matchless glory , to the eyes & hearts of Jews & Gentiles ! But who is sufficient for these things ? O for the help of Angels tongues to make Christ eye-sweet and amiable to many thousands ! O how little doeth this world see of him , & how far are they from the love of him , seeing there is so much loveliness , beauty and sweetness in Christ that no created eye did ever yet see ! I would that all men knew his glory , and that I could put many in at the bridegroom's chamber door to see his beauty , & to be partakers of his high and deep and broad and boundless love . O let all the world come nigh and see Christ , and they shall then see more then I can say of him ! O if I had had a pledge or pawne to lay down for a sea-full of his love ! that I could come by somuch of Christ , as would satisfie griening and longing for him , or rather increase it , till I were in full possession ! I know we shall meet & therein I rejoyce . Sir , stand fast in the truth of Christ , that ye have received : Yeeld not to winds , but ride out & let Christ be your anchor & the onely He , whom ye shall look to see in peace : Pray for me his prisoner , & that the Lord would send me among you to feed his people . Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To JOHN FLEMING Bailiffe of Leith . ( 157 ) Worthy Sir. GRace , mercy and peace be to you : The Lord hath brought me safe to this strange town : Blessed be his holy name , I finde his cross easie and light , and I hope he shall be with his poor sold Joseph , who is separated from his brethren : His comforts have abounded towards me , as if Christ thought shame [ if I may speak so ] to be in the common of such a poor man as I am , and would not have me lose any thing in his errands : My enemies have , beside their intention , made me more blessed , and have put me in a sweeter possession of Christ , then ever I had before : Onely the memory of the fair dayes I had with my welbeloved amongst the flock intrusted to me , keepeth me low , and sowreth my unseen joy : But it must be so , and he is wise who tutoureth me this way : For that which my brethren have and I want , and others of this world have , I am content , my faith will frist God my happiness : No Son offendeth that his father giveth him not hire twice a year , for he is to abide in the house , when the inheritance is to be divided : It is better God's children live upon hope then upon hire . Thus remembring my love to your worthy and kinde wife : I bless you and her and all yours in the Lord's name . Aberd. Sept 20. 1637. Yours in his on●ly , onely Lord Iesus . S. R. To WILLIAM GLENDINING . Bailiffe of Kirkcudbright . [ 158 ] Worthy Sir. GRace , mercy & peace be to you : I am well , honour be to God , & aswell as a r●joycing prisoner of Christ can be , hoping that one day He for whom I now suffer shall enlarge me , & put me above the threatnings of men : I am sometimes sad , heavy & casten down at the memory of the fair dayes I had with Christ in Anwoth , Kirk cudbright & cet : The remembrance of a feast encreaseth hunger in a hungry man ; but who knoweth but our Lord will yet cover a table in the wilderness to his hungry bairns & build the old waste places in Scotland , & bring home Zion's captives : I desire to see no more glorious sight , till I see the Lamb on his throne , then to see Mount Zion all green with grass , & the dew lying upon the tops of the grass , & the crown put upon Christ's head in Scotland again : And I beleeve it shall be so , & that Christ shall mowe down his enemies & fill the pits with their dead bodies . I finde people here dry & uncouth : A man pointed at for suffering dare not be countenanced ; so that I am like to sit mine alone upon the ground : But my Lord payeth me well home again , for I have neither tongue nor pen nor heart to express the sweetness & excellency of the love of Christ : Christ's honey-combs drop hony & sloods of consolation upon my soul : My chains are gold : Christ's cross i● all overguilded and perfumed : His prison is the garden and orchard of my delights : I would goe through burning quick to my lovely Christ : I sleep in his arms all the night & my head betwixt his breasts : My welbeloved is altogether lovely : This is all nothing to that which my soul hath felt : Let no man for my cause scar at Christ's cross : If my stipend , place , countrey , credit , had been an Earledom , a Kingdom , ten Kingdoms and a whole earth , all were too little for the crown and scepter of my royall King : Mine enemies , mine enemies have made me blessed : They ave sent me to the bridegroom's chamber : Love is his banner over me : I live a Kings life : I want nothing but heaven , and the possession of the crown , my earnest is great , Christ is no niggard to me . Dear Brother , be for the Lord Jesus and his heart-broken bride . I need not [ I hope ] remember my distressed brother to your care . Remember my love to your wife . Let Christ want nothing of us : His garments shall be rolled in the blood of the slain of Scotland . Grace , grace be with you : pray for Christ's prisoner . Aberd. Sept. 21. 1637 Yours in his sweet Lord Iesus . S. R. To ROBERT GORDON . Of Knockbrex . ( 159 ] Dear Brother . GRace , mercy & peace be to you : I am by God's mercy come now to Aberden , the place of my confinement , & setled in an honest man's house : I finde the town's-men cold & generall & dry in their kindness , yet I finde a lodging in the heart of many strangers : My challenges are revived again , & I finde old sores bleeding of new ; so dangerous & painfull is an undercotted conscience ; yet I have an eye to the blood that is physick for such sores : But verily I see Christianity is conceived to be more easie & lighter then it is ; so that I sometimes think I never knew any thing , but the letters of that name ; for our nature contenteth it self with little in godliness . Our Lord , Lord , seemeth to us ten Lord Lords : little holiness in our ballance is much because it is our own hol●ness , & we love to lay small burdens upon our soft natures , & to make a fair courtway to heaven : And I know it were necessary to take more pains then we doe , & not to make heaven a city more easily taken then God hath made it : I perswade my self many runners shall come short & get a disappointment . Oh how easie is it to deceive our selves , & to sleep & wish that heaven may fall down in our laps ! Yet for all my Lord's glooms I finde him sweet , gracious , loving , kinde , & I want both pen & words to set forth the fairness , beauty & sweetness of Christ's love , & the honour of this cross of Christ , which is glorious to me , though the world thinketh shame thereof : I verily think that the cross of Christ would blush & think shame of these thin-skined worldlings , who are so married to their credit that they are ashamed of the sufferings of Christ. O the honour to be scourged , stoned with Christ , & to goe through a furious-faced death to life eternall ! But men would have Lawborrows against Christ's cross . Now , My dear Brother forget not the prisoner of Christ ; for I see very few here who kindely fear God. Grace be with you . Let my love in Christ & hearty affection be remembred to your kinde wife , to your Brother Iohn & to all friends . The Lord Jesus be with your Spirit . Abed . Sept. 20. 1636. Yours in his onely , onely Lord Iesus , S. R. To EARLESTOWN Younger . 160. Much Honoured Sir. GRace , mercy & peace be to you : I am well , Christ triumpheth in me , blessed be his name : I have all things , I burden no man : I see this earth and the fullness thereof is my father's : sweet , sweet is the cross of my Lord : The blessing of God upon the cross of my Lord Jesus : My enemies have contributed [ beside their designe ] to make me blessed : This is my palace , not my prison , especially , when my Lord shineth & smileth upon his poor afflicted & sold Joseph , who is separated from his brethen : But often he hideth himself , & there is a day of law , & court of challenges within me ; I know not if fenced in God's name , but Oh my neglects ! Oh my unseen guiltiness ! I imagined that a sufferer for Christ kept The keys of Christ's treasure , & might take out his womb-full of comforts when he pleased ; but I see a sufferer & witness will be holden at the door aswell as another poor sinner , & be glad to eat with the bairns & to take the by-board . This cross hath let me see that heaven is not at the next door & that it is a castle not soon taken : I see also , it is neither pain nor art to play the hyprocrite : We have all learned to sell our selves for double price & to make the people who call ten twenty , & twenty an hundred esteem us half-gods , or men fallen out of the clouds : But Oh sincerity , sinc●rity , if I knew what sincerity meaneth . Sir , lay the foundation thus & ye shall not soon shrink nor be shaken : Make tight work at the bottom , & your ship shall ride against all storms , if with all your anchor be fastned upon good ground , I mean with in the vail ; & verily I think this is All , to gain Christ : All other things are shadows , dreams , fansies & nothing . Sir , remember my love to your mother : I pray for mercy & grace to her : I wish her on-going toward heaven : As I promised to write , so shew her , I want nothing in my Lord's service , Christ will not be in such a poor man's common as mine . Grace , grace be with you . Aberd. Sept. 22. 1637. Yours in his sweet Lord Iesus . S. R. To JOHN GORDON . ( 161 ) Worthy & dear Brother . GRace , mercy and peace be to you : I have been too long in writing to you , but multitude of letters taketh much time from me . I bless his great name whom I serve in the spirit , if it came to voting amongst Angels and men , how excellent and sweet Christ is , even in his reproaches and in his cross ; I cannot but vote with the first , that all that is in him , both cross & crown , kisses & glooms , embracements and frownings and strokes are sweet and glorious : God send me no more happiness in heaven or out of heaven , but Christ : For I finde this world when I have looked upon it on both sides , within & without , & when I have seen even the laughing and lovely-like side of it , to be but a fool's idol , a clay prison : Lord , let it not be the nest that my hope buildeth in . I have now cause to judge my part of this earth not worth a blast of smoke or a mouth-full of brown bread . I wish my Hope may take a running-leap & skip over Time's pleasures , Sin 's plaistering & gold-●o●e , this vain earth , & rest upon my Lord. O how great is our night-darkness in this wilderness ! To have any conceit at all of this world , is , as a man would close his handfull of water and holding his hand in the river , say , all the water of the flood is his , as if it were indeed all within the compass of his hand : Who would not laugh at the thoughts of such a crack-brain ? Verily they have but an handfull of water & are but like a childe clasping his two hands about a night-shadow , who idolize any created hope , but God. I now ligh lie & put the price of a dream or fable or black nothing upon all things , but upon God & that desireable & love-worthy one my Lord Jesus : Let all the world be nothing [ for nothing was their seed & mother ] & let God be all things . My very dear Brother , know ye are as near heaven as ye are far from your self & far from the love of a bewitching & whorish world : For this World in it's gain and glory , is but the great and notable common whore that all the sons of men have been in fancy & lust withall these 5000 years : the children that they have begotten with this uncouth & lustfull lover are but vanity , dreams , golden imaginations & night-thoughts : For there is no good ground here under the covering of heaven for men & poor wearied souls to set down their foot upon . O he who is called God , that one whom they term Iesus Christ , is worth the having indeed , even if● had given away all without my eye-holes , my soul and my self for sweet Jesus my Lord ! O let the claim be cancelled that the creatures have to me , except that claim my Lord Iesus hath to me ! Oh that he would claim poor me , my silly , light & worthless soul ! O that he would pursue his claim to the utmost point & not want me ! For it is my pain & remediless sorrow to want him . I see nothing in this life but sinks & mires & dreams & beguiling ditches & ill ground for us to build upon . I am fully perswaded of Christs victory in Scotland , but I fear this land be not yet ripe and white for mercy : Yet I dare be halfer [ upon my salvation ] with the losses of the church of Scotland , that her foes afternoon shall sing dole & sorrow for evermore , and that her joy shall once again be cried up & her skie shall clear : But vengeance & burning shall be to her adversaries & the sinners of this land . Oh that we could be awakened to prayers & humiliation ! Then should our sun shine like seven suns in the heaven , then should the temple of Christ be builded upon the mountains tops , & the land from coast to coast should be filled with the glory of the Lord. Brother , your day-task is wearing short , your hour-glass of this span-length and hand-breadth of life will quickly pass , & therefore take order & course with matters betwixt you and Christ before it come to open pleading there are no quarters to be had of Christ in open judgement . I know ye see your threed wearing short , & that there are not many inches to the threed's end , and therefore lose not time . Remember me his prisoner , that it would please the Lord to bring me again amongst you with abundance of the Gospel . Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To Mr HUGH Mc KAILL . ( 162 ) Reverend & dear Brother . I thank you for your letter : I cannot but shew you that as I never expected any thing from Christ but much good & kindness , so he hath made me to finde it in the house of my pilgrimage ? And beleeve me , Brother , I give it to you under mine own hand-writ , that who so looketh to the white side of Christ's cross and can take it up handsomly with faith and courage shall finde it such a burden as 〈◊〉 are to a ship or wings to a bird . I finde my Lord hath overguilded that black tree & hath perfumed it & oiled it , with joy & consolation . Like a fool once I would chide & plead with Christ & slander him to others of unkindness , but I trust in God not to call his glooms unkinde again , for he hath taken from me my sackcloth , & I verily cannot tell you what a poor sold Ioseph & prisoner [ with whom my mother's children were angry ] doeth now think of kinde Christ : I will chide no more , providing he will quite me all by-gones ; for I am poor . I am taught in this ill weather to goe on the lee-side of Christ & to put him in between me and the storm , & I thank God I walk on the sunny side of the brae . I write it , that ye may speak in my behalf the praises of my Lord to others , that my bonds may preach . O if all Scotland knew the feasts & love-blenks & visites that the Prelats have sent me unto ! I will verily give my Lord Jesus a free discharge of all that I like a fool , laid to his charge , & beg him pardon to the mends . God grant that in my temptations I come not on his wrong side again , and never again fall a raving against my Physician in my fever . Brother , plead with your mother while ye have time : A pulpit would be a high feast to me , but I dare not say one word against him who hath done it , I am not out of the house as yet , my sweet Master saith , I shall have house-room at his own elbow , albeit their synagogues will need force cast me out . A letter were a work of charity to me . Grace be with you . Pray for me . Aberd. Novemb. 22. 1636. Your Brother & Christ's prisoner , S. R. To JAMES MURRAY . ( 163 ) Dear Brother . I Received your letter : I am in good health of body , but far better in my soul. I finde my Lord no worse then his word , I will be with him in trouble is made good to me now : He heareth the sighing of the prisoner . Brother , I am comforted in my royal Prince and King : This world knoweth not our life , it is a mysterie to them : We have the sunny side of the world , and our Paradise is far above theirs , yea our weeping above their laughing , which is but like the crackling of thorns under a pot ; And therefore we have good cause to fight it out , for the day of our Laureation is approaching . I finde my prison the sweetest place that ev r I was in , my Lord Jesus is kinde to me , and hath taken the mask off his face , and is content to quite me , all by-gones : I dare not complain of him . And for my silence , I lay it before Christ , I hope it shall be a speaking silence : He who knoweth what I would , knoweth that my soul desireth no more , but that King Jesus may be great in the North of Scotland , in the South and in the East & West , through my sufferings for the freedom of my Lord's house and Kingdom . If I could keep good quarters in time to come with Christ , I would fear nothing : But Oh! Oh! I complain of my wofull out-breakings ; I tremble at the remembrance of a new out-cast betwixt him and me , and I have cause , when I consider what sick & sad dayes I have had for his absence who is now come . I finde Christ dow not be long unkinde , our Ioseph's bowels yern within him , he cannot smother love long , it must break out at length . Praise , praise with me Brother , & desire my acquaintance to help me : I dare not conceal his love to my soul , I wish you all a part of my feast , that my Lord Jesus may be honoured : I allow you not to hide Christ's bountie to me , when ye meet with such as know Christ. Ye write nothing to me what are the cruel mercies of the Prelats towards me : The ministers of this town , as I hear , intend that I shall be more strickly confined , or else transported , because they finde some people affect me . Grace be with you . Aberd. Nov. 21. 1637. Yours in the Lord Iesus . S. R. To JOHN FLEMING . Bailiffe of Leith . ( 164 ) My very worthy friend . GRace , mercy & peace be to you : I received your letter : I bless my Lord through Jesus Christ , I finde his word good , Isa , ●8 , ●0 . I have chosen thee in the furnace of affliction . And Psal. 91. 15. I will be with him in trouble . I never exp●cted other at Christ's hand , but much good & comfort , & I am not disappointed : I finde my Lord's cross overguilded & oiled with comforts : My Lord hath now showen me the white side of his cross : I would not exchange my weeping in prison with the fourteen Prelats laughter amidst their hungry 〈◊〉 lean joyes . This world knoweth not the sweetness of Christ's love , it is a mystery to them . At my first coming here , I found great heaviness , especially because it had pleased the Prelats to adde this gentle cruelty to my former sufferings [ ●or it is gentle to them ] to inhibite the Ministers of the town to give me the liberty of a pulpit : I said , what adeth Christ at my service ? But I was a fool , he hath chided himself friends with me : If ye & others of God's children shall praise his great name who maketh worthless men witnesses for him , my silence & sufferings shall preach more then my tongue could doe ; if his glory be seen in me I am satisfied ; for I want no kindness of Christ : And Sir , I dare not smother his liberality : I write it to you , that ye may praise , & desire your brother & others to joyn with me in this work . This land shall be made desolate , our iniquities are full : the Lord saith , we shall drink & spue & fall . Remember my love to your good kinde wife . Grace be with you . Aberd. Nov. 23. 1636. Yours in his sweet Lord Iesus , S. R. To EARLESTOVVN ELDER . Rev. 12 : 11. And they overcame the Dragon by the blood of the Lamb & the word of their testimony , & they loved not their lives unto the death . ( 165 ) Much honoured Sir. GRace , mercy & peace be to you : I long to see you in paper & to be refreshed by you . I cannot but desire you & charge you to help me to praise him , who feedeth a poor prisoner with the fatness of his house . O how weighty is his love ! O but there is much telling in Christ's kindness ! The Amen , the faithfull & true witness hath payed me my hundred fold well told & one to the hundred : I complained of him , but he is owing me nothing now . Sir , I charge you to help me to praise his goodness , & to proclaim to others my Bridegroom's kindness , whose love is better then wine . I took up an action against Christ & bought a plea against his love , & libelled unkindness against Christ my Lord , & I said , this is my death , he hath forgotten me : But my meek Lord held his peace & beheld me , & would not contend for the last word of flyting , & now hath chided himself friends with me : And now I see , he must be God & I must be flesh : I pass from my summonds , I acknowledge he might have given me my fill of it & never troubled himself : But now he háth taken away the mask , I have been comforted , he could not smother his love any longer to a prisoner & a stranger : God grant that I may never buy a plea against Christ again , but may keep good quarters with him . I want no kindness , no love-token ; but Oh , wise is his love ! for notwithstanding of this hot summer-blenk , I am keeped low with the grief of my silence , for his word is in me as a fire in my bowels , and I see the Lord's vineyard laid waste , & the heathen entred into the sanctuary , and my belly is pained and my soul in heaviness , because the Lord's people is gone into captivity & because of the fury of the Lord & that wind , [ but neither to fan nor to purge ] that is coming upon Apostate Scotland . Also I am kept awake with the late wrong done to my brother , but I trust ye will counsel & comfort him . Yet in this mist I see & beleeve , the Lord will heal this halting Kirk & will lay her stones with fair colours & her foundations with Saphires , & will make her windows of Agates & her gates Carbuncles , Isa. 54. 11 , 12. And for brass he will bring gold : He hath created the smith that formed the sword , no weapon in war shall prosper against use Let us be glad & rejoyce in the Lord , for his Salvation is near to come . Remember me to your wife & your son Iohn : And I entreat you to write to me . Grace , grace be with you . Aberd. Decemb. 30. 1636. Yours in his onely , onely Lord Iesus . S. R. To Mr JOHN FERGUSHILL . [ 166 ] Reverend & welbeloved in our Lord Iesus . I Must still provoke you to write by my lines , whereat ye need not wonder ; for the cross is full of talke , & speak it must , either good or bad : Neither can grief be silent . I have no dittay nor inditement to bring against Christ's cross , seeing he hath made a friendly agreement betwixt me & it , & we are in terms of love together : If my former miscarriages , & my nowsilent sabbaths seem to me to speak wrath from the Lord , I dare say , it is but Satan borrowing the use & loan of my cowardly & feeble apprehensions , which start at straws : I know faith is not so saint & foolish , as to tremble at every false alarm ; Yet I gather this out of it , Blessed are they who are grac'd of God 〈◊〉 guide a cross well , & that there is some art required herein . I pray God I may not be so ill friend-stead , as that Christ my Lord should leave me to be my own Tutour & my own Physician . Shall I not think but my Lord Jesus who deserveth his own place very well , will take his own place upon him , as it becometh him , & that he will fill his own chair ? For in this is his office , to comfort us , & thes that are casten down in all their tribulations . 2 Cor. 1. 4. Alas I know I am a fool to seek an hole or defect in Christ's way with my soul. If I have not a stock to pre sent to Christ at his appearance , yet I pray God I may be able with joy , faith & constancy , to shew the Captain of my savation in that day , a bloody head that I received in his service : howbeit my faith hang by a small tack & threed , I hope the tack shall not break : & howbeit my Lord get no service of me but broken wishes ; yet I trust these shall be accepted upon Christ's account . I have nothing to comfort me , but that I say , Oh will the Lod disappoint an hungry on-waiter ? The smell of Christ's wine & apples which surposse the uptaking of dull sense , bloweth upon my soul , & I get no more for the mean time : I am sure to let a famishing body see meat & give him none of it , is a double pain : Our Lord's love it not so cruell as to let a poor man see Christ & heaven & never give him more , for want of money to buy ; nay , I rather think Christ such fair market-wares , as buyers may have ●it out money & without price : And thus I know it shall not stand upon my want of money ; for Christ upon his own charges must buy my wedding garment , & redeem the inheritance which I have forfeited , & give his word for one the like of me , who am not law-biding of my self : Poor folks must either borrow or beg from the rich , & the onely thing that commendeth sinners to Christ is extream necessity & want : Christ's love is ready to make & provide a ransome & money for a poor body who hath lost his his purse . Ho , ye that have no money come & buy Isa : 55. 1. That is the poor man's market . Now Brother I see old crosses would have done nothing at me , & therefore Christ hath takē a new fresh rod to me , that seemeth to talk with my soul , & make me tremble . I have often more adoe now with faith when I lose my compasse , & am blowen on a rock , then these who are my beholders standing upon the shore are aware of : a counsel to a sick man is sooner given then taken : Lord send the wearied man a borrowed bed from Christ : I think often it is after supper with me , & I am heavie : O but I would sleep soundly with Christ's left hand under my head & his right hand embracing me : the devil could not spill that bed . When I consider how tenderly Christ hath cared for me in this prison , I think he hath handled me as the bairn that it pitied & bemoaned : I desire no more till I be in heaven ; but such a feast & fill of Christ's love as I would have : This love would be fair & adorning passements , which would beautifie & set forth my black unpleasant cross : I cannot tell , my Dear Brother , what a great lead I would bear if I had a hearty fill of the love of that lovely one , Christ Iesus : Oh if ye would seek & pray for that to me ! I would give Christ all his love stiles and titles of honour if he would give me but this ; nay , I would sell my self ( if I could ) for that love . I have been waiting to see what friends of place & power would doe for us ; But when the Lord looseth the pins of his own Tabernacle , he will have himself to be acknowledged as the onely builder up thereof , & therefore I would take back again my hope that I lent and laid in pawne in mens hands & give it wholly to Christ : it is no time for me now to set up idols of my own , it were a pity to give an ounce weight of hope to any besides Christ : I think him well worthy or all my hope , though it were as weighty as both heaven & earth : Happy were I , if I had any thing that Christ would seek or accept of : But now alas I see not what service I can doe to him , except it to be talk a little & bable upon a piece of paper , concerning the love of Christ. I am often as if my faith were wedset so that I cannot command it , and then when he hideth himself , I run to the other extream , in making each wing and toe of my case as big as a mountain of iron : And then misbelief can spin out an hell of heavy & desponding thoughts ; then Christ seeketh law-borrows of my unbeleeving apprehensions , & chargeth me to beleeve his day-light at midnight : But I make pleas with Christ , though it be ill my common so to doe : It were my happiness when I am in his house of wine & when I finde a feast-day , if I could hearken & hear for the time to come , Isa : 42. 3. But I see we must be off our feet in wading a deep water ; & then Christ's love findeth time●us employment at such a dead lift as that : And besides , after broken brows , bairns learn to walk more circumspectly : If I come to heaven any way , howbeit like a tired traveller upon my guide's shoulder , it 's good enough for these who have no legs of their own for such a journey : I never thought there had been need of so much wrestling to win to the top of that ste●p mountain as now I finde . Woe 's me for this broken & backsliding Church , it is like an old bowing wall , leaning to the one side , & there is none of all her sons who will set a prop under her : I know I need not bemoan Christ ; for he careth for his own honour more then I can doe ; but who can blame me to be woe [ 〈◊〉 〈◊〉 had grace so to doe ] to see my welbeloved ' , fair face spitt●d upon , & his crown plucked off hi● head , & the ark of God taken & carryed in the Philistins ca●t , and the ●ine put to carry it who will let it fall to the ground ? The Lord put to his own helping hand . I would desire you to prepare your self for a fight with beast , ye will not get leave to steel quietly to heaven in Christ's company without a conflict & a cross . Remember my bonds , & praise my second , & fellow prisoner , Christ. Grace be with you . Aberd. 1637. Yours in Christ Iesus his Lord. S. R. To WILLIAM GLENDINNING . ( 167 ) Dear Brother . GRace , mercy & peace be to you : Your ease is unknown to me , whether ye be yet our Lord's prisoner at W●gton or not : However it be , I know our Lord Iesus hath been enquiring for you , & that he hath honoured you to bear his chains , which is the golden end of his cross , & so hath wailed out a chosen & honourable cross for you : I wish you much joy & comfort of it , for I have nothing to say of Christ's cross but much good , I hope my ill word shall never meet either Christ or his sweet & easie cross . I know he seeketh of us an out-cast with this house of clay , this mother-prison , this earth , that we love fall well : & verily , when Christ snuffeth my candle & causeth my light to shine upward , it is one of my greatest wonders that dirt & clay hath so much court with a soul not made of clay , & that our soul goeth out of kinde so far ; as to make an idol of this earth , such a deformed harlot , as that it should wrong Christ of our love . How fast , how fast doeth our ship sail ! And how fair a wind hath Time to blow us off these coasts & this land of dying & perishing things ! And alas , our ship saileth one way & fleeth many miles in one hour to hasten us upon eternity , & our love & hearts are sailing close back over & swimming towards ease , lawless pleasure , vain honour , perishing riches , & to build a fool's nest I know not where , & to lay our egges within the sea-mark , & fasten our bits of broken anchors upon the worst ground in the world , this fleetting & perishing life ; & in the mean while , time & tide carry us upon another life , & there is daily less & less oile in our lamp , & less & less sand in our watch-glass . O what a wise course were it for us , to look away from the false beauty of our borrow●d prison , & to minde & eye & lust for our countrey ! Lord , Lord , take us home . And for my self , I think , if a poor , weak , dying sheep seek for an old dike & the lee-side of an hill in a storm , I have cause to long for a covert from this storm in heaven : I know none will take my room over my head there ; But certainly sleepy bodies would be at rest & a well made bed , & an old crazed bark at a shore , & a wearied traveller at home & a breathless horse at the rink's end . I see nothing in this life but sin & the sowre fruits of sin : And O what a burden is sin ; & what a slavery & miserable bondage is it , to be at the nod & yea's & nay's of such a lord-master as a body of sin ! Truly when I think of it , it is a wonder that Christ maketh not fire & ashes of such a dry branch as I am . I would often lie down under Christ's feet , & bid him trample upon me , when I consider my guiltiness : But seeing he hath sworn that sin shall not loose his unchangeable covenant , I keep house-room amongst the rest of the ill learned bairns , & must cumber the Lord of the house with with the rest , till my Lord take the fetters off legs & arms , & destroy this body of sin , & make a hole or a breach in this cage of earth , that the bird may flee out and the imprisoned soul be at liberty . In the mean time the least intimation of Christ's love is sweet , and the hope of marriage with the Bridegroom holdeth me in some joyfull on-waiting , that when Christ's summer-birds shall sing upon the branches of the tree of life , I shall be tuned by God himself to help them to sing the home-coming of our welbeloved & his Bride to their house together . When I think of this , I think winters & summers & years & dayes & time doe me a pleasure that they shorten this untwisted & weak threed of my life , & that they put sin & miseries by hand , & that they shall carry me to my Bridegroom within a clap . Dear Brother , pray for me , that it would please the Lord of the vineyard to give me house-room to preach his righteousness again to the great congregation . Grace , grace be with you . Remember me to your wife . Aberd. 1637 Yours in his sweet Lord Iesus . S. R. To the Lady CULROSS . Rev. 7 : 14. These are they vvhich came out of great tribulation , & have vvashed their robes & made them vvhite in the blood of the Lamb. [ 168 ] MADAM . GRace , mercy & peace be multiplied upon you : I greatly long to be refreshed with your letter : I am now [ all honour & glory to the King eternal , immortal & invisible ] in better terms with Christ then I was . I like a fool summoned my husband & Lord , & libelled unkindness against him , but now I pass from that foolish pursuit , I give over the plea , he is God & I am man : I was loosing a fast stone & digging at the ground-stone [ the love of my Lord ] to shake & unsettle it , but God be thanked , it is fast , all i● sure : In my prison he hath showen me day-light ; he dought not hide his love any longer : Christ was disguised & masked , & I apprehended it was not he , & he hath said It is 〈…〉 , be not afraid : And now his love is better then wine . Oh that all the virgins had part of the Bridegroom's love , whereupon he maketh me to feed ! Help me to praise : I charge you , Madam , help me to pay praises , & tell others , the daughters of Jerusalem , how kinde Christ is to a poor prisoner : he hath payed me my hundred fold , it is well told me & one to the hundred : I am nothing behinde with Christ : Let not fools , because of their lazie soft flesh , raise a slander & an ill report upon the cross of Christ , it is sweeter then fair : I see , grace groweth best in winter : This poor , p●rsecuted Kirk , this lilie amongst the thorns , shall blossom and laugh upon the gardiner , the husband-man's blessing shall light upon it . Oh if I could be free of jealousies of Christ after this , & beleeve & keep good quarters with my dearest husband ! for he hath been kinde to the stranger : & yet in all this fair hot summer-weather , I am keeped from saying 〈◊〉 is good to be here , with my silence , & with grief to see my mother wou ded & her vail taken from her , & the fair Temple casten down : & my belly is pained , my soul is heavy for the captivity of the daughter of my people , & because of the fury of the Lord & his fierce indignation against Apostate Scotland . I pray you , Madam , let me have that which is my prayer here , that my sufferings may preach to the four quarters of this land , and therefore tell others how open-handed Christ hath been to the prisoner and the oppressed stranger : Why should I conceal it ? I know no other way how to glorifie Chri●t , but to make an open proclamation of his love , and of his his soft and sweet kisses to me in the furnace , & of his fidelity to such as suffer for him . Give it me under your hand that ye will help me to pray & praise , but rather to praise & rejoyce in the salvation of God. Grace , grace be with you . Aberd. Dec. 30. 1636. Yours in his dearest & onely , onely Lord Iesus , S. R To the Lady CARDONNESS . ( 169 ) My dearly beloved & longed for in the Lord. GRace , mercy & peace be to you : I long to hear how your soul Prospereth & how the Kingdom of Christ thriveth in you . I exhort you & beseech you in the bowels of Christ faint not , weary not : There is a great necessity of heaven , ye must needs have it : All other things , as houses , lands , children , husband , friends , countrey , credit , health , wealth , honour , may be wanted ; but Heaven is your one thing necessary , the good part that shall not be taken from you : See that ye buy the field where the pearl is , sell all & make a purchase of salvation : think it not easie , for it is a steep ascent to eternal glory : Many are lying dead by the way that are slain with security . I have now been led by my Lord Jesus to such a nick in Christianity as I think little of former things . Oh what I want ! I want so many things , that I am almost asking if I had any thing at all : Every man thinketh he is rich enough in grace , till he take out his purse & tell his money , & then he findeth his pack but poor & light in the day of a heavy trial . I found I had not to bear my expences , and should have fainted if want & penury had not chased me to the store-house of all . I beseech you , make couscience of your wayes , deal kindly & with conscience with your Tenants : to fill a breach or a hole make not a greater breach in the conscience : I wish plenty of love to your soul : let the world be the portion of bastards , make it not yours : after the last trumpet is blowen , the world & all its glory will be like an old house that is burnt to ashes , & like an old fallen castle without a roof . Fy , fy upon us fools who think our selves debters to the world . My Lord hath brought me to this , that I would not give a drink of cold water for this world's kindness : I wonder that men long after , love , or care for these feathers : it is almost an uncouth world to me to think , that men are so mad as to block with dead earth : to give cut conscience & to get in clay again , is a strange bargain . I have written my minde at length to your husband , write to me again his case , I cannot forget him in my prayers , I am looking Christ hath some claim to him : My counsel is , that ye bear with him when passion overtaketh him , A soft answer putteth away wrath , answer him in what he speaketh & apply your self in the fear of God to him , & then ye will remove a pound weight of your heavy cross that way , & so it shall become light . When Christ hideth himself , wait on & make di● till he return , it is not time then to be carelesly patient ; I love it to be grieved when he hideth his smiles : yet beleeve his love in a patient on-waiting and beleeving in the dark : Ye must learn to swim & hold up your head above the water , even when the sense of his presence is not with you , to hold up your chin : I trust in God , he shall bring your ship safe to land . I counsel you to study sanctification , & to be dead to this world : urge kindness on Knockbrex , labour to benefite by his company , the man is acquaint with Christ. I beg the help of your prayers , for I forget not you : counsel your husband to fulfill my joy & to seek the Lord's face , shew him from me that my joy & desire is to hear he is in the Lord , God casteth him often in my minde , I cannot forget him , I hope Christ & he have something to doe together : Bless Iohn from me , I write blessings to him & to your husband & the rest of your children . Let it not be said , I am not in your house , through neglect of the Sabbath-exercise . Aberd. Febr. 20. 1637. Your lawfull & loving Pasior in his onely , onely Lord , S. R. To JONET McCULLOCH . [ 170 ] Dear Sister . GRace , mercy & peace be to you : I long to hear how your soul prospereth . I am as well as a prisoner of Christ can be , feasted & made fat with the comforts of God : Christ's kisses are made sweeter to my soul then ever they were . I would not change my Master with all the Kings of clay upon the earth . O , my welbeloved is altogether lovely & loving ! I care not what flesh can doe . I perswade my soul , I delivered the truth of Christ to you , slip not from it for no boasts or fear of men : If ye goe against the truth of Christ that I now suffer for , I shall bear witness against you in the day of Christ. Sister , fasten your grips fast on Christ , follow not the guises of this sinfull world : Let not this clay-portion of earth take up your soul , it is the portion of bastards , & ye are a childe of God , therefore seek your father's heritage , send up your heart to see the dwelling house & fair rooms in the new City : Fy , sy upon these who cry up with the World & down with Conscience & Heaven : We have bairns wits , & therefore we cannot prize Christ aright . Counsel your husband & mother to make them for eternity , that day is drawing nigh . Pray for me the prisoner of Christ ; I cannot forget you . Aberd. Febr. 20. 1637. Your lawfull Pasior & Brother , S. R. To my Lord CRAIGHALL . [ 171 ] My Lord. I Received Mr Ls letter with your Lo : & his learned thoughts in the matter of Ceremonies : I ow respect to the man's learning , for that I hear him opposite to Arminian Heresies : but [ with reverence of that worthy man ] I wonder to hear such popish-like expression as he hath in his letter , as , Your Lo : may spare doubtings when the King & Church have agreed in the settling of such orders , & the Church's direction in things indifferent & circumstantial [ as if Indifferent & Circumstantial were all one ] should be the rule of every private Christian. I onely viewed the papers in two hour , space , the bearer hasting me to write . I finde the worthy man not so seen in this controversie , as some turbulent men of our countrey , as he calleth refusers of conformity : And let me say it , I am more confirmed in non-conformity , when I see such a great 〈◊〉 it play the agēt so slenderly ; but I will lay the blame on the weakness of the cause , not on the meanness of Mr Ls. learning . I have ever been & stil I am confident that Britain cannot answer one argument a scandalo , & I longed much to hear Mr L. speak to the cause , & I would say , if some ordinary Divine had answered as Mr L. doeth , that he understood not the nature of a Scandal : but I dare not vilifie , that worthyman so . I am now upon the heat of some other employment , I shall , but God willing , answer this to the satisfying of any not prejudged . I will not say that every one is acquaint with the reason in my letter from God's presence & bright shining face in suffering for this cause , Aristotle never knew the medium of the clusion , & Christ saith few know it . See Rev. 2. 17. I am sure a conscience standinginaw of the Almighty , & fearing to make a little hole in the bottom for fear of under-water , is a strong medium to hold off an erroneous conclusion in the least wing or lith of sweet , sweet Truth , that concerneth the royal Prerogative of our Kingly & highest Lord Jesus : And my witness is in heaven , I saw neither pleasure nor profit nor honour to hook me or catch me in entring in prison for Christ , but the wind on my face for the present : & if I had loved to sleep in a whole skin with the ease & present delight that I saw on this side of sun & moon , I should have lived at ease in good hopes to fare as well as others . The Lord knoweth , I preferred preaching of Christ & still doe , to any thing next to Christ himself , & their new Canons took my one , my one joy from me , which was to me as the poor man's one eye that had no moe , & alas , there is little lodging in their heart for pity or mercy , to pluck out a poor man's one eye for a thing indifferent , id est , for knots of straws & things [ as they mean ] off the way to heaven . I desire not that my name take journey & goe a pilgrim to Cambridge , for fear I come in the ears of Authority : I am sufficiently burnt already . In the mean time be pleased to try if the Bishop of St Andrewes , & Glasgow , Galloway's Ordinary , will be pleased to abate from the heat of their wrath and let me goe to my charge . Few know the heart of a prisoner , yet I hope the Lord shall hew his own glory out of as knotty timber as I am . Keep Christ , my dear & worthy Lord : pretended paper-arguments from angering the mother-Church that can reel & nod & stagger , are not of such weight as peace with the father & husband : let the wife gloom , I care not , if the husband laugh , Remember my service to my Lord your father , & Mother , & your Lady . Grace be with you . Aberd. Jan. 24. 1637. Yours at all obodience in Christ , S , R. To his Reverend & dear Brother Mr ROBERT BLAIR . ( 172 ) . Reverend & dear Brother . THe reason ye gave for your not writing to me , affecteth me much & giveth me a dash , when such an one as ye conceive an opinion of me or any thing in me : The truth is , when I come home to my self , O what penury doe I finde , and how feckless is my supposed stock , & how little have I ! He to whom I am as crystal & who seeth through me & perceiveth the least mote that is in me , knoweth that I speak what I think & am convinced of : But men cast me through a gross & wide sieve : my very dear Brother , the room of the least of all saints is too great for the like of me : But lest this should seem art to fetch home reputation I speak no more of it : It is my worth to be Christ's ransomed sinner & sick one : His relation to me , is , that I am sick & He is the physician of whom I stand in need : Alas , how often play I fast & loose with Christ : He bindeth I loose , he buildeth I cast down , he t●immeth up a salvation for me & I mar it , I cast out with Christ & he agreeth with me again twenty times a day , I forfeit my Kingdom & heritage , I lose what I had ; but Christ is at my back , and following on to stoop & take up that falleth from me : Were I in heaven & had the crown on my head , if Freewill were my tutour I should lose heaven ; seeing I lose my self , what wonder I should let goe & lose Jesus my Lord : O well to me for evermore that I have cracked my credit with Christ , & cannot by law at all borrow from him upon my feckless & worthless bond & faith ! for my faith & reputation with Christ , is , that I am a creature that God will not put any trust into ; I was , & am bewildered with temptations , & wanted a guide to heaven . O what have I to say of that excellent , surpassing & supereminent thing they call The Grace of God , the way of free redemption in Christ ! And when poor poor I , dead in law , was sold , fettered & imprisoned in Justice's closest ward , which is hell & damnation ; when I a wretched one lighted upon noble Iesus , eternally kinde Iesus , tender hearted Iesus , nay , when he lighted upon me first & knew me , I found that he scorned to take a price or any thing like hire of Angels , or Seraphims , or any of his creatures ; and therefore I would praise him for this , that the whole armie of the redeemed ones sit rent-free in heaven : Our holding is better then Blench : We are all Free-holders , & seeing our eternall feuduty is but thanks , Oh woefull me that I have but spilt thanks & broken , lame & miscarried praises to give him , & so my silver is not good & current with Christ , were it not that free merites have stamped it & washen it & me both ! And for my silence , I see somewhat better through it now : If my high & lofty one , my princely & Royall Master say , Hold , hold thy peace , I lay bonds on thee thou speak none , I would fain be content , & let my fire be smothered under ashes , without light or flame , I cannot help it , I take laws from my Lord , but I give none . As for your journey to F. ye doe well to follow it : The camp in Christ's ordinary bed : A carried bed is kindly to the Beloved down in this lower house : It may be , & who knoweth but our Lord hath some Centurions ye are sent to : Seeing your angry mother denieth you lodging & house-room with her , Christ's call to unknown faces must be your second wind , seeing ye cannot have a first . O that our Lord would water again with a new visite this piece withered & dry hill of our widow-mount Zion ! my Dear Brother , I will think it comfort if ye speak my name to our welbeloved : wherever ye are I am mindefull of you . O that the Lord would yet make the light of the moon in Scotland like the light of the sun , and the light of the sun seven fold brighter . For my self , as yet I have received no answer whither to goe : I wait on : O that Jesus had my love ! Let matters frame as they list , I have some more to doe with Christ ; yet I would fain we were nearer . Now , the great shepherd of the sheep , the very God of peace , establish & confirm you till the day of his coming . Aberd. Sept. 9 , 1637. Yours in his lovely & sweet Lord Iesus . S. R. To the Lady CARLETON . ( 173 ) MISTRESS . GRace , mercy and peace be to you : My soul longeth once again to be amongst you , & to behold that beauty of the Lord that I would see in his house : But I know not if he in whose hands are all our waves seeth it expedient for his glory ; I ow my Lord [ I know ] submission of spirit , suppose he should turn me into a stone or pillar o● salt . Oh that I were He , in whom my Lord could be glorified , suppose my little heaven were forfeited to buy glory to him before men and Angels , suppose my want of his presence , and separation from Christ were a pillar as high as ten heavens for Christ's glory to stand upon above all the world ! What am I to him ? How little am I [ though my feathers stood out as broad as the morning ligh● ] to such a high , to such a lofty , to such a never-enough admired & glorious Lord ? My trials are heavy , b●cause of my sad sabbaths ; but I know they are less then my high provocations : I seek no more but that Christ may be the gainer and I the loser , that he may be raised and hightned , and I cryed down , and my worth made dust before his glory . Oh that Scotland , all with one shout , would cry up Christ , and that his name were high in this land ! I finde the very utmost borders of Christ's high excellency and deep swe●tness heaven and earth's wonder . O what is he , if I could win in to see his inner side ! Oh I am run d●y of loving and wondering and adoring of that greatest & most admirable one ! Woe , woe is me I have not half-love for him ! Alas what can my drop doe to his great sea ! What gain is it to Christ that I have casten my little sparkle in his great fire ! What can I give to him ? Oh that I had love to fill a thousand worlds , that I might emptie my soul of it all upon Christ ! I think I have now just reason to quite my part of any hope or love that I have to this scum and the refuse of the dross of God's work-man●hip , this vain earth : I ow to this stormy world [ whose kindness 〈◊〉 . heart to me hath been made of iron , or of a piece of a wilde sea-Island , that never a creature of God yet lodged in ] not a look : I ow it no love , no hope ; & therefore Oh if my love were dead to it , & my soul dead to it ! What am I obliged to this house of my pilgrimage ? A straw for all that God hath made , to my soul's liking , except God & that lovely one Iesus Christ : Seeing I am not this world's debter , I desire I may be striped of all confidence in any thing but my Lord , that he may be for me , & I for my onely , onely , onely Lord ; that he may be the morning & evening-tide , the top & the root of my joyes , & the heart & flower & yolk of all my soul's delights . O let me never lodge any creature in my heart & confidence ! Let the house be for him : I rejoyce that sad dayes cut off a piece of the lease of my short life , & that my shadow [ even while I suffer ] weareth long , & my evening hasteneth on : I have cause to love home with all my heart , & to take the opportunity of the day to hasten to the end of my journey , before the night come on wherein a man cannot see to walk or work ; that once after my falls I may at , night fall in , weary and tired as I am , in Christ's bosom , & betwixt his breasts : Our prison cannot be our best countrey : This world looketh not like heaven & the happiness that our tired souls woul be at ; & therefore it were good to seek about for the wind , & hoise up our sailes towards our new Jerusalem , for that is our best . Remember a prisoner to Christ. Grace , grace be with you . Aberd. 1637. Yours in his onely Lord & Master , S. R. To my Lord CRAIGHALL . ( 174 ) My Lord. I Received one letter of your Lo : from C & another of late from A. B. wherein I finde your Lo : in perplexity what to doe : But let me entreat your Lo : not to cause your self mistake Truth & Christ , because they seem to encounter with your peace & ease : My Lord , remember that a prisoner ●ath written it to you , As the Lord liveth , if ye put to your hand with other Apostates in this land , to pull down the sometime beautifull tab●rnacle of Christ in this land , & joyn hands with th●m in one hair-breadth to welcome Antichrist to Scotland , there is wrat● gone out from the Lord against you & your house . If the terror of a King hath overtaken you , & your Lo : looketh to sleep in your nest in peace & to take the nearest shore , there are many wayes , too too many wayes how to shift Christ with some ill-washen and foul distinctions ; but assure your self , suppose a King should assure you he would be your God [ as he shall never be , for that piece of service ] your clay-god shall die and your carnall counsellers , when your conscience shall storm against you , & ye complain to them , they will say , What is that to us ? Beleeve not that Christ is weak , or that he is not able to save : Of two fires that ye cannot pass , take the least : Some few years will bring us all out in our black 's and white 's before our Judge , Eternity is nearer to you then ye are aware of : To goe on in a course of defection , when an enlightned conscience is stirring , & looking you in the face , & crying within you , That ye are going in an evil way , is , a step to the sin against the holy Ghost : Either many of this land are near that sin , or else I know not what it is : And if this for which I now suffer be not the way of peace , & the King's high-way to salvation , I beleeve there is not a way at all : There is not such breadth and elbow-room in the way to heaven as men beleeve , Howbeit this day be not Christ's , the morrow shall be his : I beleeve assuredly our Lord shall repair the old ●a●e places and his ruined house in Scotland ; & this wilderness shall yet blossom as the rose . My very worthy & dear Lord , Wait upon him who hideth his face from the house of Jacob & look for him : wait patiently a little upon the bridegroom's return again , that your soul may live and ye may rejoyce with the Lord's inheritance : I dare pawnd my life and soul for it , if ye take this storm with bor●-down Christ , your skie shall quickly clear , & you● fair morning dawn . Think [ as the truth is ] that Christ is just now saying , And will ye also leave me ? Ye have a fair occasion to gratifie Christ now , if ye will stay with him , & want the night's sleep with your suffering Saviour one hour , now when Scotland hath fallen asleep and leaveth Christ to fend for himself . I profess my self but a weak feeble man , when I came first to Christ's camp I had nothing to maintain this war or to bear me out in this encounter , and I am little better yet ; but since , I finde furniture , armour and strength from the consecrated Captain , the Prince of our salvation , who was perfected though suffering , I esteem suffering for Christ a King's life : I finde that our wants qualifie us for Christ ; & howbeit your Lo : write , ye despair to attain to such a communion & fellowship [ which I would not have you to think ] yet would ye nobly and courageously venture to make over to Christ , for his honour now lying at the stake , your estate , place and honour ; He would lovingly and largely requite you , and give you a King's word for a recompense : Venture upon Christ's come , and I dare swear ye shall say as it is Psal : 16 : 7. I bless the Lord who gave me counsel . My very worthy Lord , many eyes in both the kingdoms are upon you now , and the eye of our Lord is upon you , acquite your self manfully for Christ : Spill not this good play : Subscribe a blank submission , and put it in Christ's hands : Win , win the blessings and prayers of your sighing and sorrowfull mother-church seeking your help : Win Christ's bond [ who is a King of his word ] for a hundred fold more even in this life . If a weak man hath past a promise to a King to make a slip to Christ [ if we look to flesh & blood I wonder not of it , possibly . I might have done worse my self , but ] adde not further guiltiness to goe on in such a scandalous and foul way : Remember that there is a wee , ●oe to him by whom offences come : This woe came out of Christ's m●ut● , and it is heavier then the woe of the Law : It is the Mediato●'s vengeance , & that is two vengeances to these who are enlightned : Free your self from unlawfull anguish about advising and resolving : When the truth is come to your hand , hold it fast , goe not again to make a new search and enquiry for truth : It is easie to cause conscience beleeve as ye will , not as ye know : It is easie for you to cast your light into prison , and detain God's truth in unrighteousn●ss ; But that prisoner will break ward to your incomparable torture : Fear your light , and stand in aw of it , for it is from God : Think what honour it is in this life also to ●e ●nrolled to the succeeding ages amongst Christ's witnesses , standing against the re-entry of Antichrist : I know certainly your light looking to two wayes , and to the two sides , cryeth shame upon the course that they would counsel you to follow : The way that is halfer and compartner with the smoke of this fat world & with ease , smelleth strong of a foul & false way . The Prince of peace , he who brought again from the dead , the great shepherd of his sheep , by the blood of the eternall covenant , establish you , and give you sound light , & counsel you to follow Christ. Remember my obliged service to my Lord your Father , & Mother , & your Lady . Grace be with you . Aberd. Agust . 10. 1637 , Your Lo : at all obliged obedience in his sweet Lord Iesus . S. R. To JEAN GORDON . ( 175 ) My very dear & loving Sister . GRace , mercy & peace be to you : I long to hear from you : I exhort you to set up the brac to the King's city that must be taken with violence : Your afternoon's sun is wearing low : Time will eat up your frail life like a worm gnawing at the root of a May-flower : Lend Christ your heart : Set him as a seal there : Take him in within , & let the world and children stand at the door ; they are not yours , make you and them for your proper owner , Christ : It is good He is your husband and their father : What missing can there be of a dying man , when God filleth his chair ? Give hours of the day to prayer : Fash Christ [ If I may speak so ] and importune him , be often at his gate , give his door no rest ; I can tell you he will be found : O what sweet fellowship is betwixt him and me ! I am imprisoned , but he is not imprisoned : He hath shamed me with his kindness : He hath come to my p●ison & run away with my heart & all my love : Well may he brooke it : I wish my love get never an owner but Christ : Fy , fy upon old lovers that held us so long asunder ! We shall not parr now : He & I shall be heard before he win out of my grips : I resolve to wrestle with Christ ere I quite him : But my love to him hath casten my soul in a fever , & there is no cooling of my fever till I get r●all possession of Christ : O strong , strong love of Jesus , thou hast wounded my heart with thine arrows ! O pain ! O pain of love io● Christ ! Who will help me to praise ? Let me have your prayers . Grace be with you , Aberd. March. 13. 1637. Yours in his sweet Lord Iesus . S. R. To GRISSAL FULLERTON . ( 176 ) Dear Sister . I Exhorr you in the Lord to seek your one thing , Marie's good part that shall not be taken from you : Set your heart & soul on the Childrens inheritance : This clay-idol the world , is but for Bastards & ye are his lawfull begotten childe : Learn the way [ as your dear mother hath hath gone before you ] to knock at Christ's door : Many an almes of mercy hath Christ given to Her , & hath abundance behinde to give to you : Ye are the seed of the faithfull & born within the Covenant , claim your right . I would not exchange Christ Jesus for ten worlds of glory : I know now [ blessed be my teacher ] how to shut the lock & unbolt my welbeloved's door , & he maketh a poor stanger welcome when he cometh to his house : I am swelled up & satisfied with the love of Christ that is better then wine : It is a fire in my soul ; let hell & the world cast water on it , they will not mend themselves : I have now gotten the right gate of Christ : I recommend him to you above all things : Come & finde the smell of his breath : See if his kisses be not sweet : He desireth no better then to be much made of : Be homely with him & ye shall be the more welcome : Ye know not how fain Christ would have all your love . Think not this is imaginations & bairns-play we make din for : I would not suffer for it if it were so : I dare pawnd my heaven for it , that it is the way to glory : Think much of truth , & abhorre these wayes devised by men in God's worship . The Grace of Christ be with you . Aberd. March. 14. 1637. Yours in his sweet Lord Iesus , S. R. To PATRICK CARSEN , ( 177 ) Dear & loving friend . I Cannot but upon the opportunity of a bearer exhort you to re●gn● the love of your youth to Christ , & in this day while your sun is high and your youth serveth you , to seek the Lord and his face ; for there is nothing out of heaven so necessary for you as Christ : And ye cannot be ignorant but your day will end , & the night of death will call you from the pleasures of this life , & a doom given out in death standeth for ever as long as God liveth . Youth ordinarily is a Post & ready servant for Satan to run errands ; for it is a nest for lust , cursing , drunkenness , blaspheming of God , lying , pride & vanitie . O that there were such an heart in you as to fear the Lord , & to dedicate your soul & body to his service : When the time cometh that your eye-strings shall break , & your face wax pale , and legs & arms trem●le , & your breath grow cold , & your poor soul look out at you● prison-hous● of clay to be set at liberty ; then a good conscience & your Lord's favour shall be worth all the world's glory : Seek it as your garland & crown . Grace be with you . Aberd. March. 14. 1636. Yours in his sweet Lord Iesus , S. R. To JOHN CARSEN . ( 178 ) My welbeloved & dear friend . EVery one ●eeketh not God , & far fewer finde him , because they seek amiss : He is to be sought for above all things , if men would finde what they seek : Let feathers & shadows alone to children & goe seek your welbeloved : Your onely errand to the world , is , to wooe Christ ; therefore put other lovers from about his house , & let Christ have all your love , without miniching or dividing it : It is little enough if there were more of it : The serving of the world & sin hath but a base reward , & smoke in stead of pleatures , & but a night-dream for true case to the soul : Goe where ye will your soul shall not sleep sound but in Christ's bosom : Come in to him & lie down & rest you on the slain Son of God & enquire for him : I sought him , & now a fig for all the worm-eaten pleasures , & moth-eaten glory out of heaven , since I have found him , & in him all I can want or ●ish : He hath made me a King over the world : Princes cannot overcome me : Christ hath given me the marriage-kiss , & he hath my ma●●ing - love : We have made up a full bargain that shall not goe back on either side : O if ye and all in that countrey knew what sweet terms of mercy are betwixt him & me ! Grace be with you . Aberd. March. 11. 1637 , Yours in his sweet Lord Iesus . S. R. To my Lady BOYD. [ 179 ] MADAM . I Would have written to your La : ere now , but peoples beleeving there is in me that which I know there is not , hath put me out of love with writing to any ; for it is easie to put religion to a market & publick fair , but alas it is not so soon made eye-sweet for Christ : My Lord seeth me a tired man far behinde : I have gotten much love from Christ , but I give him little or none again : My whiteside cometh out in paper to men , but at home & within , I finde much black work , & great cause of a low sail & of little boasting ; & yet Howbeit I see challenges to be true , the manner of the Tempter's pressing of them is unhonest , & in my own thoughts knavish-like : My peace is , that Christ may finde sale & ●uting of his wares in the like of me , I mean for saving grace : I wish all professors to fall in love with Grace ; All ou● songs should be of his free-Grace : We are but too lazie and careless in seeking of it : It is all our riches we have here , & glory in the bud : I wish I could set out ●ree Grace : I was the Law 's man & under the Law , & under a curse ; but Grace brought me from under that hard Lord , & I rejoyce that I am Grace's Free-holder : I pay tribute to none for heaven , seeing my land & heritage holdeth of Christ my new King : Infinite wisdom hath devised this excellent way of Free-holding for sinners : It is a better way to heaven then the old way that was in Adam's dayes : It hath this fair advantage that no man's emptiness & want layeth an inhibition upon Christ or hindereth his salvation : [ & that is far best for me ] but our new Land-Lord putteth the names of Dyvours & Adam's forlorn Heirs , & beggers & crooked & blinde in the free charters : Heaven & Angels may wonder that we have gotten such a gate of sin & hell : Such a back-entry out of hell as Christ made & brought out the captives by , is , more then my poor shallow thoughts can comprehend : I would think sufferings , glory [ & I am sometimes not far from it ] if my Lord would give me a new almes of free grace . I hear that the Prelats are intending banishment for me ; but for more grace , & no other hire , I would make it welcome : The bits of this clay-house , the earth , & the other side of the sea , are my father's : If my sweet Lord Jesus would bud my sufferings with a new measure of grace , I were a rich man : But I have not now of a long time found such high spring-tides as formerly : The sea is out , & the wind of his Spirit calm , & I cannot buy a wind , or by requesting the sea cause it to flow again ; onely I wait on , upon the banks & shore-side , till the Lord send a full sea , that with up-sailes I may lift up Christ : Yet sorrow for his absence is sweet , & sighes with Saw ye him whom my soul loveth , have their own delights : Oh that I might gather hunger against his long-looked for return ! Well were my soul if Christ were the element , mine own element , & that I loved & breathed in him , & if I could not live without him : I allow not laughter upon my self when He is away ; yet He never leaveth the house , but the leaveth drink-money behinde him , & a pawne that he will return : Woe , woe to me if he should goe away & take all his flitting with him : Even to dream of him is sweet : To build a house of pining wishes for his return , to spin out a web of sorrow & care & languishing & sighes , either dry or wet as they may be , because he hath no leisure ( if I may sp●a● so ) to make a visite , or to see a poor friend , sweetneth & refre●heth the thoughts of the heart : A mistie dew will stand for rain , & doe some good , & keep some greenness in the herbs , till our Lord's clouds ●ue upon the earth , & send down a watering of rain : Truly I think Christ's mistie dew a welcome message from heaven till my Lor●'s rain fall : Woe , woe is me for the Lord's vineyard in Scotland : Howbeit the Father of the house embrace a childe , & feed him & kiss him ; yet it is sorrow and sadness to the children , that our poor mother hath gotten her leave , & that our Father hath given up house : It is an unheartsom thing to see our Father & mother agree so ill , yet the Bastards if they be fed care not : O Lord cait not water on Scotland's smoking coal . It is a strange gate the saints goe to heaven , our enemies often eat & drink us , & we goe to heaven through their bellies & stomacks , & they vomit the church of God undigested among their hands , & even while we are shut up in prisons by them , we advance in our j●urney . Remember my service to my Lord , your kinde Son , who was kinde to me in my bonds , & was not ashamed to own me : I would be glad that Christ got the morning-service of his life now in his young years : It would sute him well to give Christ his young & green love : Christ's stamp and seal would goe far down in a young soul , If he would receive the thrust of Christ's stamp : I would desire him to make search for Christ , for Nobles now are but dry friends to Christ. The Grace of God our Father , & the goodwill of him who dwelt in the bush be with your La. Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To the Lady CARDONNESS ELDER . ( 180. ) Worthy & welbeloved in the Lord GRace , mercy & peace be to you : I long to hear from you in paper , that I may know how your soul prospereth : My desire & longing in , to hear that ye walk in the truth , & that ye are content to follow the despised , but most lovely Son of God : I cannot but recommend him unto you as your husband , your welbeloved , your portion , your comfort & your joy : I speak this of that lovely one , because I praise & commend the foord [ as we use to speak ] as I finde it : He hath watered with his sweet comforts an oppressed prisoner : He was alwayes kinde to my soul , but never so kinde as now in my greatest extremittes : I dine & sup with Christ : He visiteth my soul with the visitations of love in the night-watches . I perswade my soul that this is the way to heaven , & his own Truth , I now suffer for : I exhort you in the name of Christ to continue in the truth which I delivered to you : Make Christ sure to your soul ; for your day draweth nigh to an end : Many slide back now , who seemed to be Christ's friends , & prove dishonest to him : But be ye faithfull to the death , & ye shall have the crown of life : This span-length of your dayes , whereof the Spirit of God speaketh , Psal. 39. will within a short time , come to a finger-breadth & at length to nothing : O how sweet & comfortable shall the feast of a good conscience be to you , when your eye-strings shall break , your face wax pale , & the breath turn cold , & your poor soul come sighing to the windows of the house of clay of your dying body , & shall long to be out , & to have the jaylor to open the door , that the prisoner may be set at liberty : Ye draw nigh the water-side , look your accounts : Ask for your guide to take you to the other side : Let not the world be your portion ; What have ye to doe with dead clay ? Ye are not a bastard but a lawfull begotten childe ; therefore set your heart on the inheritance ; Goe up before hand and see your lodging : Look through all your father's rooms in heaven , in your father's house are many dwelling-places : Men take a sight of lands ere they buy them : I know Christ hath made the bargain already : But be kinde to the house ye are going to , & see it often : Set your heart on things that are above , where Christ is , at the right hand of God : Stir up your husband to minde his own countrey at home : Counsel him to deal mercifully with the poor people of God under him : They are Christ's & not his ; therefore desire him to shew them mercifull dealing & kindness , & to be good to their souls . I desire you to write to me : It may be that my Parish forget me ; but my witness is in heaven I dow , not , I doe not forget them : They' are my sighes in the night & my tears in the day : I think my self like an husband plucked from the wife of his youth : O Lord be my Judge what joy it would be to my soul to hear , that my ministery hath left the Son of God among them , & that they are walking in Christ ! Remember my love to your Son and Daughtre : Desire them from me to seek the Lord in their youth , and to give him the morning of their dayes : Acquaint them with the word of God & prayer . Grace be with you . Pray for the prisoner of Christ : In my heart I forget you not . Aberd. March. 6. 1637. Your lawfull & loving Pastor , in his onely Lord Iesus , S. R. To Mr. JAMES HAMILTON . ( 181 ) Reverend & dearly beloved in our Lord. GRace , mercy & peace be to you : Our acquaintance is neither in bodily presence , nor in paper , but as sons of the same father & sufferers for the same truth . Let no man doubt but the state of our question we are now forced to stand to by suffering exile & imprisonment , is , If Iesus should reign over his Kirk or not ? Oh if my sinfull arm could hold the crown on his head , howbeit it should be striken off from the shoulder-blade . For your ensuing & feared trial , my very dearest in our Lord Iesus , Alas what am I to speak , to comfort a souldier of Christ , who hath done an hundred times more for that worthy & honourable cause then I can doe ? But I know these whom the world was not worthy of , wandered up & down in deserts & in mountains & in dens & caves of the earth , & that while there is one member of mystical Christ out of heaven , that member must suffer strokes till our Lord Jesus draw in that member within the gates of the new Ierusalem , which he will not fail to doe at last ; for not one toe or finger of that body but it shall be take in within the city . What can be our part in this pitched battel betwixt the Lamb & the Dragon ? But to receive the darts in patience , that rebound off us on upon our sweet Master , or rather light first upon him & then rebound off him upon his servants . I think it a sweet North-wind that bloweth first upon the fair face of the chief among ten thousand & then lighteth upon our sinfull & black faces : When once the wind bloweth off him upon me , I think it hath a sweet smell of Christ , & so must besome more then a single cross . I know ye have a guard about you , & your attendance & train for your safety , is far beyond your pursuers force or fraud : It is good under feud to be near our war-house & strong hold : We can doe but little to resist them who persecut us & oppose him , but keep our blood & our wounds to the next Court-day , when our complaints will be read : If this day be not Christ's , I am sure the morrow shall be his . As for any thing I doe in my bonds when now & then a word falleth from me , alas it is very little ! I am exceedingly grieved that any should conceive any thing to be in such a broken , & emptie reed , let no man impute it to me that the free & unbought wind [ for I gave nothing for it ] bloweth upon an empty reed : I am his overburdened debter . I cry down with me , down , down with all the excellency of the world , & up , up with Christ : Long , long may that fair One , that holy One be on high : My curse be upon them that love him not . O how glad would I be if his glory would grow out & spring up out of my bonds & sufferings ! Certainly since I became his prisoner , he hath won the yolk & heart of my soul : Christ is even become a new Christ to me & his love greener then it was , & now I strive no more with him , his love shall carry it away : I lay down my self under his love , I desire to sing & to cry & to proclaim my self even under the water , in his common , & eternally indebted to his kindness : I will not offer to quite commons with him [ as we use to say ] for that will not be : All , all for evermore be Christ's . What further trials are before me I know not , but I know Christ will have a saved soul of me , over on the other side of the water , in the yonder side of crosses & beyond mens wrongs . I had but one eye & that they have put out : My one joy , next to the flower of my joyes , Christ , was to preach my sweetest , sweetest Master and the glory of his Kingdom , and it seemed no cruelty to them to put out the poor man's one eye . And now I am seeking about to see if suffering will speak my fair One's praises , & I am trying if a dumb man's tongue can raise one note or one of Zion's springs to advance my Welbeloved's glory : Oh if he would make some glory to himself out of a dumb prisoner ! I goe with childe of his word , I cannot be delivered , none here will have my Master , Alas ! What aileth them at him ? I bless you for your prayers , adde to them praises : As I am able I pay you home . I commend your diving in Christ's Testament , I would I could set out the dead man's goodwill to his friends in his sweet Testament : Speak a prisoner 's hearty commendations to Christ : fear not , your ten dayes will over . These that are gathered against mount Zion , their eyes shall melt away in their eye-holes and their tongues consume away in their mouthes , & Christ's withered garden shall grow green again in Scotland : My Lord Jesus hath a word hid in heaven for Scotland , not yet brought out . Grace be with you . Aberd. July . 7. 1637. Yours in his sweet Lord Iesus , S. R. To MISTRESS STUART . [ 182 ] MISTRESS . GRace , mercy & peace be to you : I am sorry that ye take it so hardly that I have not written to you . I am judged to be that which I am not : I fear if I were put in the fire , I should melt away & fall down in sheards of painted nature : For truly I have little stuff at home , that is worth the eye of God's servants : If there be any thing of Christ's in me ( as I dare not deny some of his work ) it is but a spunk of borrowed fire that can scarce warm my self & hath little heat for standers by : I would sain have that which ye and others beleeve I have , but ye are onely witnesses to my utter side and to some words in paper . Oh that he would give me more then papergrace or tongue-grace ! Were it not that want paineth me , I should have skailed house & gone a begging long since , but Christ hath left me with some hunger that is more hot then wise , & is ready often to say , If Christ longed for me as I doe for him , we should not be long in meeting , and if he loved my company aswell as I doe his , even while I am writing this letter to you , we should flee in other's arms : But I know there is more will then wit in this languor & pining love for Christ , & no marvel ; for Christ's love would have hot harvest long ere mid-summer : But if I have any love to him , Christ hath both love to me & wit to guide his love : & I see , the best thing I have , hath as much dross beside it , as might curse me & it both ; & if it were for no more , we have need of a Saviour to pardon the very faults and diseases & weakness of the new man , & to take away [ to say so ] our godly sins , or the sins of our sanctification & the dross & scum of spiritual love : woe , woe is me ! O what need is there then of Christ's calling to scour & cleanse & wash away an ugly old body of sin , the very image of Satan ! I know nothing surer then that there is an office for Christ among us : I wish for no other heaven in this side of the last sea , that I must cross , then this service of Christ , to make my blackness beauty , my deadness life , my guiltiness sanctification : I long much for that day when I will be holy : O what spots are yet unwashen ! O that I could change the skin of the leopard and the Moor , and niffer it with some of Christ's fairness ! Were my blackness & Christ's beauty carded through other [ as we use to speak ] his beauty & holiness would eat up my filthiness : But Oh I have not casten old Adam's hew & colour yet ! I trow the best of us hath a smell yet of the old loathsom body of sin & guiltiness : Happy are they for evermore who can employ Christ & set his blood & death on work , to make clean work to God , of foul souls : I know , it is our sin , that we would have sanctification on the sunny side of the the hill , & holiness with nothing but summer , & no crosses at all : Sin hath made us as tender as if were made of paper or glass . I am often thinking what I would think of Christ & burning quick together , of Christ & torturing & hot melted lead poured in at mouth & navel : yet I have some weak experience [ but very weak indeed ] that suppose Christ & hell's torments were married together & if there were no finding of Christ at all , except I went to hell's furnace , that there & in no other place I could meet with him , I trow , if I were as I have been since I was his prisoner , I would beglodging for God's sake in hell , hottest furnace , that I might rub souls with Christ : But God be thanked I shall finde him in a better lodging : We get Christ better cheap then so , when he is rouped to us , we get him but with a shower of summertroubles in this life , as sweet & as soft to beleevers as a May-dew . I would have you & my self helping Christ mystical to weep for his wife , & O thatf we could mourn for Christ buried in Scotland , & for his two slain witnesses killed , because they prophesied ! If we could so importune & solicit God , our buried Lord & his two buried witnesses should rise again : Earth & clay and stone will nto bear down Christ & the Gospel in Scotland . I know not if I will see the second temple & the glory of it ; but the Lord hath deceived me if it be not to be reared up again : I would wish to give Christ his welcome-home again : My blessing , my joy , my glory & love be on the home-comer . I finde no better use of suffering then that Christ's winnowing putteth chaff & corn in the saints to sundry places , and discovereth our dross from his gold , so , as corruption and grace are so seen , that Christ saith in the furnace , that is mine & this is yours : The scum & the grounds , thy stomack against the persecuters , thy impatience , thy unbelief , thy quarreling , these are thine : And faith , on-waiting , love , joy , courage , are mine . Oh let me die one of Christ's on-waiters & one of his attendants : I know your heart & Christ are married together , it were not good to make a divorce : Rue not of that meeting & marriage with such a husband : Pray for me his prisoner . Grace , grace be with you . Aberd. 1637 Yours in his sweet Lord Iesus . S. R. To Mr HUGH Mc KAILL . ( 183 ) Reverend & dear Brother . GRace , mercy & peace be to you : I received your letter , I bless you for it : My dry root would take more dew & summer-rain then it getteth , were it not Christ will have driness & deadness in us to work upon : If there were no timber to work upon , art would die & never be seen : I see , grace hath a field to play upon & to course up & down in our wants , so that I am often thanking God , not for guiltiness , but for guiltiness for Christ to whet & sharpen his grace upon : I am half content to have boils for my Lord Jesus's plaisters : sickness hath this advantage that it draweth our sweet Physician 's hand & his holy & soft fingers to touch our withered & leper skins : it is a blessed fever that fetcheth Christ to the bed-side : I think my Lord's How doest thou with it , sick body ? Is worth all my pained nights : Surely I have no more for Christ but emptiness & want ; take or leave , he will get me no other wise . I must sell my self & my wants to him , but I have no price to give for him : If he would put a fair & a real seal upon his love to me , & bestow upon me a larger share of Christ's love [ which I would fainest be in hands with of any thing , I except not heaven it self ] I should goe on sighing & singing under his cross : But the worst is , many take me for some-body , because the wind bloweth upon a withered prisoner : But the truth is , I am both lean and thin in that wherein many beleeve I abound . I would [ if bartering were in my power ] niffer joy with Christ's love & faith , & in stead of the & hot sun-shine , becontent to walk under a cloudy shadow with more grief & sadness , to have more faith & a fair occasion of setting forth & commending Christ , & to make that lovely One , that fair One , that sweetest and dearest Lord Jesus , market-sweet for many ears & hearts in Scotland : and if it were in my power to roup Christ to the three Kingdoms & withall to perswade buyers to come , and to take such sweet wares as Christ , I would thin● to have many sweet bargains betwixt Christ & the sons of men . I would I could be humble & goe with a low sail , I would I had desires with wings & running upon wheels , swift & active & speedy in longing for Christ's honour : But I know my Lord is as wise here , as I dow be thirsty , & infinitely more zealous of his honour then I can be hungered for the manifestation of it to men & angels : But Oh that my Lord would take my desires off my hand , & adde a thousand-fold more unto them , and sowe spiritual inclinations upon them , for the coming of Christ's Kingdom to the sons of men , that they might be higher and deeper & longer & broader ! For my longest measures are too short for Christ , my depth is ebbe , & the breadth of my affections to Christ narrow & pinched . Oh for an ingine & a wit to prescribe wayes to men how Christ might be all , in all the world ! Wit is here behinde affection , & affection behinde obligation . Oh how little dow I give to Christ : and how much hath he given me ! Oh that I could sing grace's praises , & love's praises ! Seeing I was like a fool , solisting the Law & making moyen to the Law 's court for mercy , & found challenges that way ; but now I deny that Judge's power ; for I am Grace's man ; I hold not worth a drink of water of the Law or of any Lord but Jesus : And till I bethought me of this , I was slain with doubtings and fears & terrours . I praise the new court , & the new Land-lord , & the new Salvation purchased in Jesus his name & at his instance : Let the old man , if he please , goe make his moan to the Law & seek acquaintance thereaway , because he is condemned in that Court : I hope , the new man & I , & Christ together shall not be heard : and this is the more soft and the more easie way for me & for my cross together : Seeing Christ singeth my welcome-home , and taketh me in & maketh short counts & short work of reckoning betwixt me & my Judge , I must be Christ's man & his Tennant & subject to his Court : I am sure , suffering for Christ could not be born otherwise : But I give my hand & my faith to all who would suffer for Christ , they shall be well handled & fare well in the same way , that I have found the cross easie & light . Grace be with you . Aberd. July . 8. 1637. Yours in his sweet Lord Iesus , S. R. To ALEXANDER GORDON . Of Garlock . ( 184 ) Dear Brother . GRace , mercy & peace be to you : If Christ were as I am , that time could work upon him to alter him , or that the morrow could be a new day to him , or bring a new minde upon him , as it is to me a new day , I could not keep a house or a covenant with him : But I finde Christ to be Christ , & that he is far , far , even infinite heavens height above man : And that is all our happiness . Sinners can doe nothing but make wounds that Christ may heal them , and make debts that he may pay them , and make falls that he may raise them , & make deaths that he may quicken them , & spin out & dig hells to themselves that he may ransom them : Now I will bless the Lord that ever there was such a thing as the free Grace of God & a free ransom given for sold souls : Onely , alas guiltiuess maketh me ashamed to apply Christ , & to think it pride in me to put out my unclean & withered hand to such a Saviour ! but it is neither shame nor pride for a drowning man to swim to a rock , nor for a ship-broken soul , to run himself a shore upon Christ : Suppose once I be guilty , need force I cannot , I dow not goe by Christ : We take in good part that pride , that beggers beg from the richer : & who is so poor as we , & who is so rich as he who selleth fine gold , Rev. 3 : 18. I see then , it is our best [ let guiltiness plead what it listeth ] that we have no mean under the covering of heaven but to creep in lowly & submissively with our wants to Christ : I have also cause to give his cross as good name & report . O how worthy is Christ of my feckless & light suffering , & how hath he deserved it at my hands , that for his honour & glory I should lay my back under seven hells pain in one , if he call me to that ! but alas my soul is like a ship run on ground through ebbeness of water : I am sanded , and and my love is sanded : I finde not how to bring it on float again , it is so cold and dead that I see not how to bring it to a flame : Fy , fy upon the meeting that my love hath given Christ : woe , woe is me , I have a lover Christ , & yet I want love for him : I have a lovely & desirable Lord who is love-worthy , & who beggeth my love & heart & I have nothing to give him . Dear Brother , come further in on Christ & see a new treasure in him : come in & look down & see Angels wonder , & heaven & earth's wonder of love , sweetness , majesty & excellency in him . I forget you not , pray for me that our Lord would be pleased to send me among you again , fraughted & full of Christ. Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To JOHN BELL Elder . ( 185 ) My very loving friend GRace , mercy & peace be to you : I have very often & long expected your letter , but if ye be well in soul & body I am the less solicitous : I beseech you in the Lord Jesus to minde your country above , & now when old age , the twilight going before the darkness of the grave , & the falling low of your sun before your night , is now come upon you , advise with Christ ere ye put your foot in the ship & turn your back on this life : Many are beguiled with this , that they are tree of scandalous & crying abominations ; but the tree that bringeth not forth good fruit is for the fire : the man that is not born again cannot enter into the kingdom of God : common honesty will not take men to heaven : Alas that men should think they ever met with Christ , who had never a sick night through the terrours of God in their soul or a sore heart for sin : I know the Lord hath given you light & the knowledge of his will , but that is not all , neither will that doe your turn : I wish you an awakned soul , & that ye beguile not your self in the matter of your salvation . My dear Brother , search your self with the candle of God , & try if the life of God & Christ be in you : Salvation is not casten to every man's door : Many are carried over see & land to a far countrey in a ship , whileas they sleep much of all the way : but men are not landed at heaven sleeping : The righteous are scarcily saved , and many run as fast as either ye or I , who miss the prize and the crown : God send me salvation , and save me from a disappointment , and I seek no more : Men think it but a stryde or a step over to heaven , but when so few are saved , even of a mumber like the sand of the sea , but a handfull & a remnant ( as God's word saith ) what cause have we to shake our selves out of our selves & to ask our poor soul , whether goest thou ? where shalt thou lodge at night ? Where are thy charters and writes of thy heavenly inheritance ? I have known a man turn a key in a door & lock it by : Many men leap over [ as they think ] & leap in . O see ! see that ye give not your salvation a wrong cast , & think all is well & leave your soul loose & uncertain : look to your building , & to your ground-stone , & what signes of Christ are in you , & set this world behinde your back : It is time now in the evening , to cease from your ordinary work , & high time to know of your lodging at night : It is your Salvation that is in dependence , & that is a great & weighty business , though many make light of the matter . Now , the Lord enable you by his grace to work it out . Aberd. 1637. Your lawfull and loving Pastor , S. R. To WILLIAM GORDON Of Robertovvn . ( 186 ) Dear Brother . GRace , mercy & peace be to you : So often as I think on our case in our souldiers night-watch , & of our sighting life in the fields , while we are here : I am forced to say , prisoners in a dungeon condemned by a judge , to want the light of the sun and moon & candle , till their dying day , are no more , nay not so much to be pitied as we are ; for they weary of their life , they hate their prison : But we fall to in our prison , where we see little , to drink our selves drunk with the night-pleasures of our weak dreams , & we long for no better life then this ; but at the blast of the last trumpet , & the shout of the Archangel , when God shall take down the shepherd's tent of this fading world , we shall not have somuch as a drink of water of all the dreams that we now build on . Alas that the sharp & bitter blasts on face & sides which meet us in this life , have not learned us mortification , & made us dead to this world ! We buy our own sorrow , & we pay dear for it , when we spend out our love , our joy , our desires , our confidence upon an handfull of snow & ice that time will melt away to nothing , & go thirstie out of the drunken Innes when all is done : Alas that we enquire not for the clear fountain ; but are so foolish as to drink foul muddy & rotten waters even till our bed-time ; & then in the resurrection when we shall be awakned , our yesternight's sowre drinke & swinish dregs shall rift up upon us , and sick , sick shall many a soul be then : I know no wholesom fountain but one : I know not a thing worth the buying but heaven : And my own minde is , if comparison were made betwixt Christ & heaven , I would sell heaven with my blessing & buy Christ. Oh if I could raise the market for Christ , & heighten the market a pound for a penny , & cry up Christ in mens estimation ten thousand talents more then men think of him ! But they are shaping him & crying him down & valuing him at their unworthy half-penny , or else exchanging & bartering Christ with the miserable old fallen house of this vain world , or then they lend him out upon interest & play the usurers with Christ : Because they profess him & give out before men that Christ is their treasure & stock , & in the mean time , praise of men , & a name , & case , & the summmer-sun of the Gospel is the usury they would be at , so when the trial cometh , they quite the stock for the interest & loose all : Happy are they who can keep Christ by himself alone , and keep him clean and whole till God come & count with them . I know in your hard and heavy trials long since , ye thought well and highly of Christ ; but truly no cross should be old to us : We should not forget them , because years are come betwixt us and them , & cast them by hand as we doe old clothes : We may make a cross old in time , new in use , & as fruitfull as in the beginning of it : God is where and what he was seven years agoe , what ever change be in us : I speak not this , as if I thought ye had forgotten what God did to have your love long since ; but that ye may awake your self in this sleepy age , & remember fruitfully of Christ's first wooing and suiting of your love both with fire & water , & try if he got his answer , or if ye be yet to give him it : For I finde in my self that water runneth not faster through a sieve , then our warnings slip from us ; for I have lost & casten by hands many summonds the Lord sent to me , & therefore the Lord hath given me double charges , that I trust in God shall not rive me . I bless his great name who is no niggard in holding in crosses upon me , but spendeth largely his rods , that he may save me from this perishing world : how plentifull God is in means of this kinde is esteemed by many , one of God's unkinde mercies ; but Christ's cross is neither a cruel nor unkinde mercy , but the love-token of a father . I am sure a lover chasing us for our well & to have our love , should not be run away from or fled . God send me no worse mercy then the sanctified cross of Christ portendeth , & I am sure I should be happy & blest . Pray for me that I may finde house-room in the Lord's house to speak in his name . Remember my dearest love in Christ to your wife . Grace , grace be with you . Aberd. 1636. Yours in his sweet Lord Iesus . S. R. To my Lady BOYD. ( 187 ) MADAM . GRace , mercy & peace from God our father & from our Lord Jesus Christ , be multiplied upon you . I have reasoned with your son at large , I rejoyce to see him set his face in the right airth , now when the Nobles love the sunny side of the Gospel best , and are afraid that Christ want souldiers and shall not be able to doe for himself . Madam , our debts of obligation to Christ are not small , the freedom of grace & salvation is the wonder of man and Angels , but mercy in our Lord scorneth hire : Ye are bound to lift Christ on high , who hath given you eyes to discern the Devil now coming out in in his white 's , & the Idolatry and Apostacy of the time well washen with fair pretences , but the skin is black & the water foul : It were art , I confess , to wash a black Devil and make him white . I am in strange up's & down's , & seven times a day I lose ground , I am put often to swimming , and again my feet are set on the rock that is higher then my self : He hath now let me see 4 Things I never saw before 1. The supper will be great chear that is up in the great hall with the royal King of glory , when the four-hours , the standing drink in this driery wilderness is so sweet : When he bloweth a kiss a far off to his poor heart broken mourners in Zion , and sendeth me but his hearty commendations till we meet , I am confounded with wonder to think what it shall be , when the fairest among the sons of men shall lay a King 's sweet soft cheek to the sinfull cheeks of poor sinners . O time , time , goe swiftly & hasten that day ! Sweet Lord Jesus post , come flying like a young Hart or a Roe upon the mountains of separation . I think we should tell the hours carefully & look often how low the sun is : For love hath no ho , it is pained , pained in it self , till it come in grips with the party beloved . 2. I finde Christ's absence love's sickness & love's death : The wind that bloweth out of the airth where my Lord Jesus reigneth , is sweet-smelled , soft , joyfull , & heartsom to a soul burnt with absence . It is a painfull battel for a soul sick of love to fight with absence & delayes : Christ's not yet , is a stounding of all the joynts & liths of the soul : a nod of his head when he is under a mask would be half a pawne : to say , fool , what aileth thee ? He is coming , would be life to a dead man. I am often in my dumb sabbaths seeking a new plea with my Lord Jesus , God forgive me : & I care not , if there be not two or three ounce weight of black wrath in my cup. For the 3 Thing , I have seen my abominable vileness : If I were well known there would none in this Kingdom ask how I doe : Men take my ten to be an hundred , but I am a deeper hypocrite & shallower professour then every one beleeveth , God knoweth I feigne not : But I think , my reckonings on the one page written in great letters , & his mercy to such a forlorn & wretched Dyvour on the other , more then a miracle . If I could get my finger ends upon a full assurance , I trow I should grip fast : But my cup wanteth not gall , & upon my part despair might be almost excused , if every one in this land saw my inner side : But I know I am one of them who have made great sale & a free market to free grace : If I could be saved , as I would fain beleeve , sure I am I have given Christ's blood , his free grace & the bowels of his mercy , a large field to work upon , & Christ hath manifested his art [ I dare not say , to the uttermost ; for he can , if he would , forgive all the Devils & damned reprobates in respect of the wideness of his mercy ] I say , to an admirable degree . 4. I am striken with fear of unthankfulness : This Apostate Kirk hath played the harlot with many lovers ; they are spitting in the face of my lovely King and mocking him and I dow not mend it , & they are running away from Christ in troops , and I dow not mourn & be grieved for it : I think Christ lieth like an old forecasten castle forsaken of the inhabitants , all men run away now from him : Truth , innocent Truth goeth mourning & wringing her hands in sackcloth & ashes . Woe , woe , woe is me , for the virgin-daughter of Scotland : Woe , woe to the inhabitants of this land , for they are gone back with a perpetual backsliding : These things take me so up , that a borrowed bed , another man's fire-side , the wind upon my face . [ I being driven from my lovers & dear acquaintance & my poor flock , ] finde no room in my sorrow : I have no spare of odde sorrow for these : Onely I think the sparrows and swallows that build their nests in the Kirk of Anwoth blessed birds : Nothing hath given my faith a harder back-set , till it crack again , then my closed mouth : But let me be miserable my self alone , God keep my dear brethren from it : But still I keep breath , & when my royal and never , never-enough praised King returneth to his sinfull prisoner , I ride upon the high places of Iacob , I divide Shechem , I triumph in his strength : If this Kingdom would glorifie the Lord in my behalf , I desire to be weighed in God's even ballance in this point , if I think not my wages payed to the full : I shall crave no more hire of Christ. Madam , pity me in this , & help me to praise him : For what ever I be , the chief of sinners , a devil & a most guilty devil , yet it is the apple of Christ's eye , his honour & glory as the head of the church , that I suffer for now , & that I will goe to eternity with . I am greatly in love with Mr M. M. I see him stamped with the image of God. I hope well of your son my Lord Boyd . Your La : and your children have a prisoner's prayers . Grace , grace be with you . Aberd. May. 1. 1637. Your La : at all obedience in Christ , S. R. To Mr THOMAS GARVEN . ( 188. ) Dear Brother . GRace , mercy & peace be to you : I rejoyce that ye cannot be quite of Christ [ if I may speak so ] but he must , he will have you : Betake your self to Christ , my dear Brother : It is a great business to make quite of superfluities & of these things which Christ cannot dwell with . I am content with my own cross , that Christ hath made mine by an eternal lot , because it is Christ's & mine together . I marvel not that winter is without heaven , for there is no winter within it : All the saints therefore have their own measure of winter before their eternal summer . Oh for the long day & the high sun & the fair garden & the King 's great citie up above these visible heavens ! What God layeth on , let us suffer : For some have one cross , some seven , some ten , some half a cross , yet all the saints have whole & full ioy , & seven crosses have seven ioyes . Christ is cumbred with me [ to speak so ] & my cross , but he falleth not off me , we are not at variance . I finde the very glooms of Christ's wooing a soul , sweet & lovely : I had rather have Christ's buffet and love-stroke then another King's kiss : Speak evil of Christ who will , I hope to die with love-thoughts of him . Oh that there are so few tongues in heaven and earth to extoll him ! I wish his praises goe not down amongst us : Let not Christ be low & lightly esteemed in the midst of us , but let all hearts & all tongues cast in their portion & contribute something to make him great in mount Zion . Thus recommending you to his grace , & remembring my love to your wife & mother & your kinde brother R. & entreating you to remember my bonds , I rest . Aberd. Sept. 8. 1637. Yours in his sweet Lord Iesus , S. R. To the Laird of MONCRIEFE . ( 189 ) Much honoured Sir. GRace , mercy & peace be to you : Although not acquaint , yet at the desire of your worthy sister , the Lady Ley's , & upon the report of your kindness to Christ & his oppressed truth , I am bold to write to you , earnestly desiring you to joyn with us [ so many as in these bounds profess Christ ] to wrestle with God one day of the week , especially the Wedensday , for mercy to this fallen & decayed Kirk , and to such as suffer for Christ's name , & for your own necessities & the necessities of others who are by covenant engaged in that business : For we have no other armour in these evil times but prayers , now when wrath from the Lord is gone out against this back-sliding land : for ye know we can have no true publike fasts , neither are the true causes of our humiliation ever laid before the people . Now , very worthy Sir , I am glad in the Lord , that the Lord reserveth any of your place , or of note , in this time of common Apostacy , to come forth in publike to bear Christ's name before men , when the great men think Christ a cumbersom neighbour and that religion carrieth hazards , trials & persecutions with it . I perswade my self , it is your glory & your garland & shall be your joy in the day of Christ , & the standing of your house & seed to inherit the earth , that ye truly & sincerely profess Christ : Neither is our King , whom the father hath crowned in mount Zion , so weak , that he cannot doe for himself & his own cause . I verily beleeve , they are blessed who can hold the crown upon his head and carry up the train of his robe royal , and that he shall yet be victorious and triumph in this land . It is our part to back our royal King , howbeit there were not six in all the land to follow him . It is wisdom now to take up and discern the devil & the Antichrist coming out in their whites , & the Apostacy & Idolatry of this land washen with foul water : I confess it is art to wash the Devil till his skin be white : For my self , Sir , I have bought a plea against Christ since I came hither , in judging my princely Master angry at me , because I was cast out of the vineyard as a withered tree , my dumb sabbaths working me much sorrow : But I see now sorrow hath not eyes to read love written upon the cross of Christ , & therefore I pass from my rash plea : Woe , woe is me that I should have received a slander of Christ's love to my soul : & for all this , my Lord Jesus hath forgiven all , as not willing to be heard with such a fool , & is content to be as it were confined with me & to bear me company & to feast a poor oppressed prisoner . And now I write it under my hand , Worthy Sir , that I think well & honourably of this cross of Christ : I wonder that he will take any glory from the like of me : I finde that when he but sendeth his hearty commendations to me , & but bloweth a kiss afar off , I am confounded with wondering what the supper of the Lamb will be , up in our father's dining-palace of glory , since the four-hours in his dismall wilderness , & when in prisons & in our sad dayes a kiss of Christ is so comfortable , O how sweet & glorious shall our case be , when that fairest among the sons of men shall lay his fair face to our now sinfull faces , & wipe away all tears from our eyes ! O Time , Time , run swiftly & hasten that day ! O sweet Lord Jesus , come flying like a roe or a young hart ! Alas that we blinde fools are fallen in love with moon-shine & shadows ! how sweet is the wind that bloweth out of the airth where Christ is ! Every day we may see some new thing in Christ , his love hath neither brim nor bottom . Oh if I had help to praise him ! He knoweth if my sufferings glorifie his name , & encourage others to stand fast for the honour of our supream Law-giver Christ , my wages then are payed to the full . Sir , help me to love that never-enough praised Lord. I finde now that the faith of the saints under suffering for Christ is fair before the wind & with full sails carried upon Christ , & I hope to lose nothing in this furnace but dross ; for Christ can triumph in a weaker man then I am , if there be any such : And when all is done , his love paineth me & leaveth me under such debt to Christ as I can neither pay principal nor interest . Oh if he would comprize my self , & if I were sold to him as a bond-man , & that he would take me home to his house & fire-side ; for I have nothing to render to him ! Then after me let no man think hard of Christ's sweet cross , for I would not change my sighs with the painted laughter of all my adversaries . I desire grace in patience to wait on , & to lie upon the brink till the water fill & flow : I know he is fast coming . Sir , ye will excuse my boldness , & till it please God I see you , ye have the prayers of a prisoner of Christ , to whom I recommend you & in whom I rest . Aberd. May , 14. 1637. Yours at all obedience in Christ , S. R. To JOHN CLARK . ( 190. ) Loving Brother . HOld fast Christ without wavering , & contend for the faith , because Christ is not easily gotten nor kept : The lazie professour hath put heaven [ as it were ] at the very next door , & thinketh to flye up to heaven in his bed and in a night-dream ; but truly that is not so easie a thing as most men beleeve : Christ himself did sweat ere he won this city , howbeit he was the free-born Heir . It is Christianity , My heart , to be sincere , unfeigned , honest & upright-hearted before God , & to live & serve God , suppose there were not one man or woman in all the world dwelling beside you to eye you : Any little grace that ye have , see that it be sound & true : Ye may put a difference betwixt you and reprobats if ye have these markes . 1. If ye prize Christ & his truth so , as ye will sell all & buy him & suffer for it . 2. If the love of Christ keepeth you back from sinning more then the Law or fear of hell . 3. If ye be humble , & deny your own will , wit , credit , ease , honour , the world & the vainity & glory of it . 4. Your profession must not be barren & void of good works . 5. Ye must in all things aime at God's honour , ye must eat , drink , sleep , buy , sell , sit , stand , speak , pray , read , and hear the word with a heart-purpose that God may be honoured . 6. Ye must shew your self an enemy to sin , and reprove the works of darkness , such as drunkenness , swearing & lying , albeit the company should hate you for doing so . 7. Keep in minde the truth of God that ye heard me teach , and have nothing to doe with the corruptions and new guises entred into the house of God. 8. Make conscience of your calling , in covenants , in buying & selling . 9. Acquaint your self with daily praying , commit all your wayes & actions to God by prayer , supplication & thank giving , and count not much of being mocked ; for Christ Jesus was mocked before you . Perswade your self that this is the way of peace and comfort I now suffer for , I dare goe to death & in to eternity with it , though men may possibly seek another way . Remember me in your prayers , & the state of this oppressed Church . Grace be with you . Aberd. 1637. Your soul's Well-wisher . S. R. To CARDONNESS Elder . ( 191 ) Much honoured Sir. I long to hear how your soul prospereth : I wonder that ye write not to me , for the holy Ghost beareth me witness , I cannot , I dare not , I dow not forget you , nor the souls o these with you , who are redeemed by the blood of the greaf Shepherd : Ye are in my heart in the night watches , ye are my● joy & crown in the day of Christ : O Lord bear witness , if my soul thirsteth for any thing out of heaven , more then for your salvation : Let God lay me in an even ballance & try me in this . Love heaven let your heart be on it : Up , up & visit the new land & view the fair city & the white throne & the Lamb , the bride 's husband , in his bridegroom's clothes sitting on it : It were time your soul should cast it self & all your burdens upon Christ. I beseech you by the wounds of your Redeemer , & by your compearance before him & by the salvation of your soul , lose no more time , run fast for it is late : God hath sworn by himself who made the world and time , that time shall be no more , Rev. 10 Ye are now upon the very border of the other life ; your Lord cannot be blamed for not giving you warning : I have taught the truth of Christ to you & delivered unto you the whole counsel of God , & I have stood before the Lord for you , & I shall yet still stand : awake , awake to doe righteously : Think not to be eased of the burthens & debts that are on your house , by oppressing any or being rigorous to these that are under you : remember how I endeavoured to walk before you in this matter as an example : behold here am I , witness against me , before the Lord & his Anointed , whose ox or whoseass have I taken ? Whom have I defrauded ? Whom have I oppressed ? Who knoweth how my soul feedeth upon a good conscience , when I remember how I spent this body in feeding the lambs of Christ ? At my first entry hither , I grant , I took a stomack against my Lord , because he had casten me over the dike of the vineyard as a dry tree , & would have no more of my service : My dumb sabbaths broke my heart , and I would not be comforted : but now he whom my soul love this come again , and it pleaseth him to feast me with the kisses of his love : A King dineth with me and his spikenard casteth a sweet smell : The Lord my witness is above , that I write my heart to you , I never knew by my nine years preaching , so much of Christ's love , as he hath taught me in Aberden by six moneths imprisonment . I charge you in Christ's name help me to praise & shew that people & countrey , the loving kindness of the Lord to my soul , that so my sufferings may someway preach to them when I am silent : He hath made me know now better then before , what it is to be crucified to the world : I would not now give a drink of cold water for all the world's kindness : I ow no service to it : I am not the flesh's debter : My Lord Jesus hath dâted his prisoner , & hath thoughts of love concerning me : I would not exchange my sighs with the laughing of my adversaries . Sir , I write this to inform you , that ye may know it is the truth of Christ I now suffer for , & he hath sealed nay sufferings with the comforts of his spirit on my soul , & I know he putteth not his seal upon blank paper . Now , Sir , I have no comfort earthly , but to know that I have espoused , and shall present a bride to Christ in that congregation . The Lord hath given you much , and therefore he will require much of you again : Number your talents & see what ye have to render back again , ye cannot be enough perswaded of the shortness of your time : I charge you to write to me , & in the fear of God be plain with me , whether or no ye have made your salvation sure , I am confident & hope the best , but I know your reckonings with your Judge are many and deep . Sir , be not beguiled , neglect not your one thing [ Philip. 3 , 13 ] your one necessary thing [ Luke 10 : 42 ] the good part that shall not be taken from you . Look beyond time : things here are but moon-shine , they have but Childrens wit who are delighted with shadows & deluded withfeathers flying in the air . Desire your children in the morning of their life to begin & seek the Lord , & to remember their Creator in the dayes of their youth [ Eccles. 12 : 1. ] to cleanse their way by taking heed thereto according to God's word [ Ps. 119 : 9. ] youth is a glassy age : Satan findes a swept chamber [ for the most part ] in youth-hood , & a garnished lodging for himself & his train : Let the Lord have the flower of their age : The best sacrifice is due to him : Instruct them in this , that they have a soul , & that this life is nothing in comparison of eternity : They will have much need of God's conduct in this world , to guide them by these rocks upon which most men split ; but far more need when it cometh to the hour of death & their compearance before Christ. O that there were such a heart in them to fear the name of the great & dreadfull God , who hath laid up great things for these that love & fear him ! I pray that God may be their portion . Show others of my parishoners , that I write to them my best wishes and the blessings of their lawfull Pastor : Say to them from me , that I beseech them by the bowels of Christ , to keep in minde the Doctrine of our Lord and Saviour Jesus Christ , which I taught them ; that so they may lay hold on eternal life , striving together for the faith of the Gospel , & making sure salvation to themselves : Walk in love & doe righteousness : seek peace , love one another , wait for the coming of our Master & Judge : Receive no doctrine contrary to that which I delivered to you : If ye fall away & forget it & that Catechisme which I taught you , & so forsake your own mercy , the Lord be judge betwixt you & me , I take heaven & earth to witness , that such shall eternally perish ; but if they serve the Lord , great will their reward be , when they & I shall stand before our Judge . Set forward up the mountain to meet with God : climb up , for your Saviour calleth on you . It may be , God call you to your rest when I am far from you , but ye have my love & the desires of my heart for your souls wel-fare . He that is holy , keep you from falling & establish you , till his own glorious appearance . Aberd. 1637. Your affectionat & lawfull Pastor , S. R. To CARDONNESS Younger . ( 192. ) Much honoured Sir. I Long to hear whether or not your soul be hand-fasted with Christ : Lose your time no longer : Flee the follies of youth : Gird up the loins of your minde , & make you ready for meeting the Lord. I have often summoned you , & now I summond you again , to compear before your Judge , to make a reckoning of your life : while ye have Time , look upon your papers & consider your wayes : O that there were such an heart in you , as to think what an ill conscience will be to you , when yeare upon the border of eternity , & your one foot out of time ! O then , ten thousand thousand floods of tears cannot extinguish these flames , or purchase to you one hour's release from that pain ! O how sweet a day have ye had ! But this is a fair day that runneth fast away , see how ye have spent it , & consider the necessity of salvation : & tell me [ in the fear of God ] if ye have made it sure : I am perswaded ye have a conscience that will be speaking somewhat to you : Why will ye die & destroy yourself ? I charge you in Christ's name to rouze up your conscience , & begin to indent & contract with Christ in time while salvation is in your offer : This is the accepted time , this is the day of salvation : play the marchant , for ye cannot expect another market-day when this is done ; therefore let me again beseech you to consider in this your day , the things that belong to your peace , before they be hid from your eyes . Dear Brother , fulfill my joy , & begin to seek the Lord while he may be found : Forsake the follies of deceiving & vain youth : Lay hold upon eternall life : Whoring , night-drinking , & mispending of the sabbath , & neglecting of prayer in your house , & refusing of an offered salvation , will burn up your soul with the terrours of the Almighty , when your awakened conscience shall flee in your face . Be kinde & loving to your wife , make conscience of cherishing her and not being rigidly austere . Sir , I have not a tongue to express the glory that is laid up for you in your father's house , if ye reform your doings and frame your heart to return to the Lord. Ye know this world is but a shadow , a short-living creature , under the law of time ; within less then fifty yeers , when ye look back to it , ye shall laugh at the evanishing vanities thereof , as feathers flying in the air , and at the houses of sand within the sea-mark , which the children of men are building : Give up with courting of this vain world : Seek not the bastard's moveables , but the Son's heritage in heaven . Take a trial of Christ , look unto him & his love shall so change you , that ye shall be taken with him & never chuse to goe from him : I have experience of his sweetness in this house of my pilgrimage here : My witness who is above , knoweth , I would not exchange my sighs & tears with the laughing of the fourteen Prelats : There is nothing will make you a Christian indeed , but a taste of the sweetness of Christ , come and see will speak best to your soul : I would fain hope good of you : be not discouraged at broken & spilt - resolutions , but to it , & to it again : Wooe about Christ , till ye get your soul espoused as a chaste virgin to him : Use the means of profiting with your conscience : Pray in your family , & read , the word : Remember how our Lord's day was spent when I was among you : It will be a great challenge to you before God , if ye forget the good that was done within the walls of your house on the Lord's dayes , & if ye turn aside after the fashions of this world , & if ye goe not in time to the kirk to wait on the publike worship of God , & if ye tarry not at it , till all the exercises of religion be ended : Give God some of your time both morning & evening & afternoon , & in so doing , rejoyce the heart of a poor oppressed prisoner . Rue upon your own soul , & from your heart fear the Lord. Now he that brought again from the dead the great Shepherd of his sheep , by the blood of the eternall Covenant , establish your heart with his grace , & present you before his presence with joy . Aberd. 1637. Your affectionat & loving Pastor , S. R. To CARLETOWN . ( 193 ) Much honoured Sir. I Will not impute your not writing to me , to forgetfulness : how ever , I have one above who forgetteth me not , nay , he groweth in his kindess : It hath pleased his holy Majesty to take me from the pulpit & teach me many things in my exile & prison that were mysteries to me before : As , 1. I see his bottomless & boundless love & kindness , & my jealousies & ravings , which at my first entry into this furnace were so foolish & bold , as to say to Christ , who is truth it self , in his face , thou liest . I had well nigh lost my grips : I wondered if it was Christ or not , for the mist & smoke of my perturbed heart , made me mistake my Master Jesus : My faith was dim & hope frozen & cold , & my love which caused jealousies , it had some warmness & heat & smoke but no flame at all : yet I was looking for some good of Christ's old claim to me : I thought I had forfeited all my rights , but the tempter was too much upon my counsels & was still blowing the coal : Alas I knew not well before how good skill my Intercessor and advocate , Christ , hath of pleading , and pardoning me such follies : Now he is returned to my soul with healing under his wings , and I am nothing behinde with Christ now , for he hath overpaid me by his presence , the pain I was put to by on-waiting , and any little loss I sustained by my witnessing against the wrongs done to him . I trow it was a pain to my Lord to hide himself any longer : In a manner he was challenging his unkindness & repented him of his glooms , & now what want I on earth that Christ can give to a poor prisoner ? O how sweet and lovely is he now ! Alas that I can get none to help me to lift up my Lord Jesus upon his throne above all the earth ! 2. I am now brought to some measure of submission , and I resolve to wait till I see what my Lord Jesus will doe with me : I dare not now nick name or speak one word against the all-seeing & over-watching providence of my Lord : I see , providence runneth not on broken wheels ; but I like a fool carved a providence for mine own ease , to die in my nest , & to sleep still till my gray hairs , and to lie on the sunny side of the mountain in my ministery at Anwoth : But now I have nothing to say against a borrowed fire-side & another man's house , nor Kedars tents where I live , being removed far from my acquaintance , my lovers & my friends : I see God hath the world on his wheels & casteth it as a potter doeth a vessel on the wheel : I dare not say that there is any inordinat or irregular motion in Providence ; The Lord hath done it , I will not goe to law with Christ , for I would again nothing of that . 3. I have learned some greater mortification & not to mourn after or seek to suck the world's dry breasts : Nay , my Lord hath filled me with such dainties , that I am like to a full banquettor who is not for common chear . What have I to doe to fall down upon my knees & worship mankind's great idol , The World ? I have a better God then any clay-God ; Nay , at present as I am now disposed , I care not much to give this world a discharge of my life-rent of it , for bread & water : I know it is not my home , nor my father's house ; it is but his footstool , the outer clo●ster of his house , his out-field & moor-ground : Let bastards take it , I hope never to think my self in it's common for honour or riches , nay now , I say to laughter , Thou art madness . 4. I finde it most true , that the greatest temp●… 〈◊〉 〈◊〉 〈◊〉 is to live without temptations if my waters should stand , they would rot : Faith is the better of the free air , & of the sharp winter-storm in it's face : Grace withereth without adversity : The Devil is but God's Master-fencer to teach us to handle our weapons . 5. I never knew how weak I was till now , when he hideth himself , & when I have him to seek seven times a day . I am a dry & withered branch & a piece of a dead carcase , dry bones & not able to step over a straw : The thoughts of my old sins are as the summonds of death to me : And of late my Brother's case hath striken me to the heart ; when my wounds are closing , a little rifle , causeth them to bleed afresh : So thin-skin'd is my soul , that I think it is like a tender man's skin , that may touch nothing : ye see how short I would shoot of the prize , if his grace were not sufficient for me . Woe 's me for the day of Scotland , Woe , woe is me for my harlot-mother ; for the decree is gone forth : women of this land shall call the childless & miscarrying wombs blessed : The anger of the Lord is gone forth & shall not return till he perform the purpose of his heart against Scotland : Yet he shall make Scotland a new sharp instrument having teeth to thresh the mountains & fan the hills as chaff . The prisoners blessing be upon you . Aberd. March. 14. 1637. Yours in his sweet Lord Iesus , S. R. To the Lady BUSBIE . ( 194 ) MTSTRESS . I Know ye are thinking sometimes what Christ is doing in Zion , & that the haters of Zion may get the bottom of our cup & the burning coals of our furnace , that we have been tryed in these many yeers by gone . O that this Nation would be awakened to cry mightily unto God , for the setting up of a new ●abernacle to Christ in Scotland . O if this Ki●gdom kne● how worthy Christ were of his room ! His worth wa● eve● above man's ●stimation of him : And for my self I a● pained at the heart , that I cannot finde my self disposed to leav● myself & goe wholly in to Christ : Alas that there should b● o●e bit o● me out of him , and that we leave too much liberty and latitude for our selves , and our own ease , and credit , & pleasures ; & so little room for All-love-worthy Christ ! O what pains & charges it costeth Christ ere he get us , & when all is done we are not worth the having : It is a ●ond●r that he should seek the like of us , but love overlooketh blacknes and ●ecklesness ; for if it had not been so , Christ would never have made so fair & blessed a bargain with us , as the covenant of Grace is . I finde that in all our sufferings , Christ is but ●iddi●g marches , that every one of us may say , Mine & T●ine , and that men may know by their crosses , how weak a bottom nature is to stand under a trial ; that then , which our Lord intendeth in all our sufferings , is , to bring Gra●e in ●●uit a●d r●qu●st amongst us : I would succumb and ●●me sho●t of hea en , if I had no more but my own strength to s●pport me , and if Christ should say to me , Eit●●r doe or die , it were easie to determine what should become of me , the ch●ice were easie , for I b●hooved to die , if Christ should passe by wit● strai●ned bowel ▪ and who then would take us up in our str●its ? I know we may say that Christ is kindest in his love , when we are at our weakest , and that if Christ had not been to the fore in our sad dayes , the waters had gone over our soul : His mercy ha●h a ●et period and appointed place , how far & no further the s●a of affliction shall flow , and where the waves thereof shall be st●yed ; he prescribeth how much pain and sorrow both for weight and measure , we must have : Ye have then good cause to r●call your love from all lovers and give it to Christ : He who is afflicted in all your afflictions , looketh not o● you i● your sad hours with an insensible heart or dry eyes : All the Lords saints may see , that it is lost love wh●ch is bestowed upon this perishing world : death & judgement will make men lament that ever their miscarrying heart ▪ ●arryed them to lay & lavish out their love upon false appearances right-dreams . Alas that Christ should fare the worse , because o● 〈◊〉 own goodness , in making peace & the gospel to ride together , & that w● have never yet weighed the worth of Christ in his ordinances , & that now we are like to be deprived of the well , ere we have tasted the sweetness of the water : it may be with water● eyes 〈◊〉 a w●t face and wea●i●d feet , we seek Christ & shall not find● him . ●h that this land were humbled in time , and by prayers , ●●ye & humiliation , would bring Christ in at the churchdoor again , now , when his back is turned toward us , and he is gone to the threshold & his one foot [ as it wer● ] is out of the ●oor : I am sure his departure is our deserving , we have bought it with our iniquities ; for even the Lord 's own children are fallen asleep : And alas professours are made all of shews & fashions , and are not at pains to recover themselves again : Every one hath his set measure of faith & holiness , and co●te●teth himself with a stinted measure of godliness , as if that were ●●ough to bring them to heaven : We forget , that as our gifts and light grow , so God's gain and the interest of his talents should grow also , and that we cannot pay God with the old use and wont [ as we use to speak ] which we gave him seven yeers agoe ; for this were to mock the Lord and to make price with him as we list . O what difficulty is there in our christian journey , & how often come we short of many thousand things that are Christ's due , and we consider not how far our dear Lord is behinde with us ! Mistress , I cannot render you thanks as I would for your kindness to my Brother , ●n oppr●ss●d stranger ; but I remember you unto the Lord as I am able : I entreat you think upon me his prisoner , & pray that the Lord would be pleased to give me ●oom to speak to 〈◊〉 people in his name . Grace grace be with you . Aberd. 1637 Yours in his sweet Lor● and Master . S. R. To FULWOOD Younger . ( 195 ) Much honoured Sir GRace , mercy & peace be to you : Upon the report of this worthy bearer concerning you , I thought good to spea● a wo●d to you : It is enough for acquaintance that we are one in Christ : My earnest desire to you is , that ye would in the fear of God , compare your inch & hand-breadth of time with vaste Eternity , & your thoughts of this now fair , blooming and green world , with the thoughts ye shall have of it , when corruption & worms shall make their houses in your eye-holes , & shall eat your flesh & make that body dry bones ; if ye doe so , I know then , that your light of this world's vanity shall be more clear then now it is : And I am perswaded ye shall then think , that mens labours for this clay-idol are to be laughed at : Therefore come near and take a view of that transparent beauty that is in Christ , which would busie the love of ten thousand millions of world's & Angels , & hold them all at work : Surely I am grieved that men will not spend their whole love upon that royal & princely Welbeloved , that High & lofty One : For it is cursed love that runneth another way then upon him . And for my self , if I had ten loves & ten souls , O how glad would I be if he would break in upon me & take possession of them all ! Woe , woe is me , that He & I are so far asunder ! I hope we shall be in one countrey & one house together : truly pain of love-sickness for Jesus , maketh me to think it long , long , long to the dawning of that day . Oh that he would cut short years & moneths & hours , & overleap Time , that we might meet ! And for this truth , Sir , that ye profess , I avow before the world of men & Angels , that it is the way & onely way to our countrey , the rest are by-wayes ; & that what I suffer for , is the apple of Christ's eye , even his honour as Law-giver & King of his Church . I think death too little ere I forsook it . Doe not , Sir , I beseech you in the Lord , make Christ's court thinner by drawing back from him , it is ●oo thin already ; for I dare pledge my heaven upon it , he shall win this plea , & the fools that plea against him shall lose the wager which is their part of salvation , except they take better heed to their wayes . Sir , free grace that we give no hire for , is a jewel our Lord giveth to few : Stand fast in the hope ye are called unto : Our Master will rend the clouds & will be upon us quic●ly , & clear our cause , & bring us all out in our black 's & white 's : Clean , clean garments in the Bridegroom's eye , are of great worth : Step over this hand-breadth of world's glory , in to our Lord 's new world of grace , & ye will laugh at the feathers that children are chasing in the air . I ve●●ly judge that this Inne● , men are building their nest in , is not worth a drink of cold water . It is a rainny and smoky house , b●st we come out of it , lest we be choked with the smoke thereof . O that my adversaries knew how sweet my sighs for Christ are , & what it were for a sinner to lay his head between Christ's breasts , & to be over head & ears in Christ's love ! Alas , I cannot cause paper speak the height & breadth & depth of it ! I have not a ballance to weigh my Lord Jesus's worth , heaven , ten heavens would not be the beam of a ballance , to weigh him in . I must give over praising of him , Angels see but little of him : O if that fair one , would take off the mask off his fair face , that I might see him ▪ a kiss of him through his mask is half a heaven . O day , dawn ! O time , run fast ! O Bridegroom , post , post fast that we may meet ! O hea vens , cleave in two , that , that bright face & head may set it self through the clouds ! O that the corn were ripe & this world prepared for his hook ! Sir , be pleased to remember a prisoner's bonds . Grace be with you . Aberd. July . 10. 1637 , Yours in his sweet Lord Iesus , S. R. To Mr HUGH M C KAILL . ( 196 ) My very dear Brother . YE know , that men may take their sweet fill of the sowre Law in Grace's ground & betwixt the Mediator's breasts , and this is sinners safest way ; for there is a bed for wearied sinners to rest them in , in the new Covenant , though no bed of Christ's making to sleep in : The Law shall never be my doomster by Christ's grace , if I get no more good of it : I shall finde a sore enough doom in the Gospel to humble & to cast me down : It is [ I grant ] a good rough friend to follow a traitour to the bar & to back him till he come to Christ : We may blame our selves who cause the Law to crave well paid debt , to scar us away from Jesus & dispute about a righteousness of our own , a world in the moon , a chim●rd , & a night-dream , that pride is Father & mother to : There cannot be a more humble soul then a beleever , it is no pride for a drowning man to catch hold of a rock . I rejoyce that the wheels of this confused world , are rolled & cogged & driven according as our Lord will : Out of whatever ai●th the wind blow , it will blow us on our Lord : No wind can blow our sailes over-board ; because Christ's skill , & the honour of his wisdom are empawned & laid down at the stake for the sea-passengers , that he shall put them safe off his hand on the shore , in his father's known bounds , our native homeground . My dear Brother , scar not at the cross of Christ : It is not seen yet , what Christ will doe for you , when it cometh to the worst : He will keep his grace till ye be at a strait , & then bring forth the decreed birth for your salvation : Ye are an arrow of his own making , let him shoot you against a wall of brass , your point shall keep whole . I cannot for multitude of letters & distractions of friends prepare what I would for the times : I have not one hour of spare time , suppose the day were fourtie hours long . Remember me in prayer : Grace be with you . Aberd. Sept. 5. 1637. Your in his sweet Lord Iesus . S. R , To his Reverend & Dear Brother Mr DAVID DICKSON . ( 197 ) My Reverend & Dear Brother . I Fear ye have never known me well : If ye saw my inner-side , it is possible ye would pitie me , but ye would hardly give me either love or respect : Men mistake me the whole length of the heavens : My sins prevaile over me & the terrors of their guiltiness : I am put often to ask , if Christ & I did ever shake hands together in earnest , I mean not that my feast-dayes are quite gone ; but I am made of extremities : I pray God ye never have the woefull & driery experience of a closed mouth ; for then ye shall judge the sparrows that may sing in the Church of Irwin , blessed birds : But my soul hath been refreshed & watered , when I hear of your courage & zeal for your never-enough-praised , praised Master , in that ye put the men of God , chased out of Ireland , to work : O if I could confirm you ! I dare say in God's presence , That this shall never hasten your suffering , but shall be David Dickson's feast and speaking joy , that while he had time and leisure , he put many to work , to lift up Iesus , his sweet Master , high in the skies . O man of God , goe on , goe on , be valiant for that plant of renown , for that chief among ten thousands , for that Prince of the Kings of the earth : It is but little that I know of God , yet this I dare write , Christ shall be glorified in David Dickson , howbeit Scotland be not gathered : I am pained , pained , that I have not more to give my sweet bridegroom : His comforts to me are not dealt with a niggard's hand , but I would fain learn not to idolize comfort , sense , joy , and sweet felt-presence : All these are but creatures , and nothing but the kingly robe , the Gold-ring and the Bracelets of the Bridegroom : The Bridegroom himself is better then all the ornaments that are about him . Now , I would not so much have these , as God him s●l● , & to be swallowed up of love to Christ : I see in delighting in a communion with Christ , we may make moe Gods then one● , but however , all was but bai●ns-play between Christ & me till now : If one would have sworn unto me , I would not have beleeved , what may be found in Christ : I hope ye pitie my pain that much in my prison , as to help me your self , & to cause others help me a Dyvour , a sinfull wretched Dy your to pay some of my debts of praise to my great King : Let my God be judge & witness , if my soul would not have sweet ease & comfort , to have many hearts confirmed in Christ , & enlarged with his love , & many tongues set on work to set on high my Royal & princely welbeloved . O that my sufferings could pay tribute to such a King ! I have given over wondering at his love : for Christ hath manifested a piece of art upon me , that I never revealed to any living : He hath gotten fair and rich employment , & sweet sale , & a goodly market for his honourable calling of showing mercy , on me the chief of sinners : Every one knoweth not so well as I doe , my woefully oftenbroken covenants : My sins against light working in the very act of sinning , hath been met with admirable mercy : But Alas ! He will get nothing back again but wretched unthankfulness ! I am sure , if Christ pitie any thing in me , next to my sin , it is pain of love for an armfull & soul-full of himself , in faith , love & begun fruition : My sorrow is , that I cannot get Christ lifted off the dust in Scotland , & set on high above all the skies & heaven of heavens . Aberd. May. 1. 1637. Yours in his sweet Lord Iesus . S. R. To His Reverend & dear Brother Mr JOHN LIVINGSTONE . ( 198 ) My Reverend & dear Brother GRace , mercy & peace be to you : I long to hear from you , & to be refreshed with the comforts of the bride of our Lord Jesus in Ireland : I suffer with you in grief , for the dash that your desires to be at N. E : have received of late : But if our Lord , who hath skill to bring up his children , had not seen it your best , it should not have befallen you : Hold your peace & stay your selves upon the holy one of Israel : hearken what he saith in crossing of your desires , he will speak peace to his people . I am here removed from my flock , & silenced & confined in Aberden , for the testimony of Jesus : And I have been confined in spirit also with desertions & challenges : I gave in a bill of quarrels & complaints of unkindness against Christ , who seemed to cast me over the dike of the vineyard as a dry tree , & separated me from the Lord's inheritance : But high , high & loud praises be to our royal crowned King in Zion , that he hath not burnt the dry branch : I shall yet live & see his glory . Your Mother-church for her whoredom is like to be cast off : The bairns may break their heart to see such chiding betwixt the husband & the wife . Our Clergie is upon a Reconciliation with the Lutherians , & the Doctors are writing books , & drawing up a Common Confession at the Councel's command : Our Service-book is proclaimed with sound of trumpet : The night is fallen down upon the P'rophets : Scotland's day of visitation is come : It is time for the bride to weep , while Christ is a saying , He will chuse another wife : But our skie will clear again : The dry branch of cut-down Lebanon will bud again & be glorious , & they shall yet plant vines upon our mountains . Now , My dear Brother , I write to you for this end , that ye may help me to praise , and seek help of others with you that God may be glorified in my bonds . My Lord , Jesus hath taken the withered dry stranger & his broken-in-heart prisoner , in to his house of wine : O! O , If ye & all Scotland , & all our brethren with you , knew how I am feasted ! Christ's hon●combs drop comforts : He dineth with his prisoner , & the King's spikenard casteth a smell : The Devil cannot get it denied , but we suffer for the apple of Christ's eye , his royal prerogatives as King & Law-giver : Let us not fear or faint , He will have his Gospel once again rouped in Scotland , & have the matter going to voices , to see who will say , let Christ be crowned King in Scotland : It is true , Antichrist stirreth his tail , but I love a rumbling & raging Devil in the kirk [ ●nc● the Church militant cannot , or may not want a Devil to trouble her ] rather then a subtile or sleeping Devil : Christ never yet go● a bride without stroke of sword : It is now nigh the bridegroom's entring in to his chamber , let us awake & goe in with him : I bear your name to Christ's door : I pray you , Dear Brother , forget me not : Let me hear from you by Letter , & I charge you , smother not Christ's bounty towards me : I write what I have found of him in the house of my pilgrimage . Remember my love to all our brethren & sisters there . The keeper of the vineyard watch for his besieged city & for you . Aberd. Feb. 7. 1637. Your brother & fellow sufferer , S. R. To Mr EPHRAIM MELVIN . ( 199 ) Reverend & dear Brother . I Received your letter & am contented with all my heart that our acquaintance in our Lord continue . I am wrestling as I dow , up the mount with Christ's cross : My second is kinde & able to help . As for your questions , because of my manifold distractions , & letters to multitudes , I have not time to answer them : What shall be said in common for that , shall be imparted to you ; for I am upon these questions : therefore spare me a little ; for the Service-book would take a great time● but I think , Sicut deosculatio religio sà imaginis aut etiam el●mentorum , est in se idololatria externa , etsi intentio deosculandi tota quanta in actu est , feratur in Deum 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , it a geniculatio coram pane , quando nempe ex instituto totus homo externus & internus ver sar● debeat circa elementaria signa , est adoratio relativa , & adoratio● sius panis . Ratio : Intentio adorandi objectum materiale , non est de essentiâ externae adorationis , ut pate● i● deosculatione religio sà . Sic geniculatio coram imagine Babylonicâ , est externa adoratio imaginis , etsitr●s pueri mente intendissent adorare Iehovam . Sic qui ex metu solo , aut spe pretij aut inanis gloria , geniculatur coram aureo vitulo Ieroboami ( quod ab ipso rege , qui nullà religione induct●s , sed libidine domin●ndi tantum , vitulumerexit , factitatum esse , textus satis luculenter clamat ) adorat vitulum externâ adoratione , esto quod putaret vitulum esse meram creaturam , & honore nullo dignum : quia geniculatio , sive nos nolum●s sive volumus , ex instituto Dei & naturae , in actu religioso , est symbolum religiosae adorationis : Ergo sicut panis signat corpus Christi etsi absit actus omnis nostrae intentionis , sic religiosae geniculatio sublatâ omni intentione humanâ , est externae adoratio paniscoram quo adoramus , ut coram signo vicario & repraesentativo Dei : Thus recommending you to God's tender mercy , I desire that ye would remember me to God : sanctification shall settle you most in the truth . Grace be with you . Aberd. 1637. Your Brother in Christ Iesus , S. R. To a Gentle woman upon the death of her husband . [ 200 ] MISTRESS . GRace , mercy & peace be to you : I cannot but rejoyce , and withall be grieved at your case : It hath pleased the Lord to remove your husband , [ my friend , & this Kirk's faithfull professor ] soon to his rest ; but shall we be sorry , that our losse is his gain , seeing his Lord would want his company no longer ; think not much of short summonds , for seeing he walked with his Lord in his life & desired that Christ should be magnified in him at his death , ye ought to be silent and satisfied : When Christ cometh for his own , he runneth fast ; mercy , mercy to the saints goeth not at leisure ; love , love in our Redeemer is not slow , & withall he is homely with you , who cometh at his own hand to your house and intrometeth as a friend with any thing that is yours : I think he would fain borrow & lend with you . Now he shall meet with the solacious company , the fair flock and blessed bairn-time of the first-born , banquetting at the marriage-supper of the Lamb. It is mercy that the poor wand . i●g sheep get a dike-fide in this storn i● day , and a lecking ship a safe harbrie , & a sea-sick passenger a sound and soft bed a shore . Wrath , wrath , wrath from the Lord i● coming upon this land that he hath left behinde him : know therefore that your Lord Jesus his wounds , are the wounds of a lover , and that he will have compassion upon a sad hearted servant and that Christ hath said , he will have the husband's room in your heart , he loved you in your first husband's time , and he is but wooeing you still , give him heart and chair , house and all ; he will not be made companion with any other , love is full of Jealousies , he will have all your love , and who should get it but He ? I know ye allow it upon him , there are comforts both sweet & satisfying , laid up for you , wait on , first Christ , he is an honest debter . Now for mine own case , I think some poor body would be glad of a dâted prisoner's leavings , I have no scarcitie of Christ's love , he hath wasted moe comforts upon his poor banished servant , then would have refreshed many souls : my burden was once so heavie that one cunce weight would have casten the ballance & broken my back , but Christ said , hold , hold to my sorrow , & hath wiped a bluchered face , which was foul with weeping . I may joyfully go● my Lord's errands with wages in my hands ; deferred hopes need not to make me dead swier [ as we use to say ] my crosse is both my crosse & my reward , Oh that men would sound his high praises ! I love Christ's worst reproaches , his glooms , his crosse , better then all this world 's plastered glory , my heart is not longing to be back again from Christ's countrey , it ' a sweet soil I a● co●e to I , [ if any in the world ] have good cause to speak much good of him . O Hell were a good cheap price to buy him a● ! Oh if all the three Kingdoms were witnesses to ●y pained , pained soul , overcome & wounded with Christ's love ! I thank you most kindly , my dear Sister , for your love & render care to my brother , I will think my self obliged to you if ye continue his friend , he is more to me then a brother now , being engaged to suffer for so honourable a master and cause . pray for Christ's prisoner , and Grace , grace be with you . Aberd. March. 7. 16●6 . Yours in his sweet Lord Iesus . S. R. To His reverend & dear Brother Mr JOHN NEVAY . ( 201 ) My reverend & dear Brother . GRace , mercy & peace be to you : I have exceeding many ●w●ite to , else I would be kinder in paper . I rejoyce that my sweet Master hath any to oack him : Thick , thick may my royal Kings Court be : O that his Kingdom , might grow ! It were my joy to have his house full of guests . Except that I have some cloudy dayes for the most part I have a King's life with Christ , he is all perfumed with the powders of th● marchant , he hath a King's face & a King'● smell , his chariot wherein be carrieth his poor prisoneri of the wood of Lebanon , it is paved with love , is not that soft ground to walk or lie on ? I think better of Christ then ever I did , my thoughts of his love grow & swell on me , I never write to any of him so much as I have felt . Oh if If could write a book of Christ & of his love ! Suppose I were made white ashes & burnt for this same truth that men count but as knots of straws , it were my gain , if my ashes could proclaim the worth , excellency & love of my Lord Jesus : There is much telling in Christ , I give over the weighing of him , Heaven would not be the beam of a ballance to weigh him in . What eyes be on me , or what wind of tongues be on me , I care not : Let me stand in this stage in the fools coat & act a fools part to the rest of this nation : If I can set my welbeloved on high & witness fair for him , a fig for their Hosanna : If I can roll my self in a lap of Christ's garment , I will ●e there & laugh at the thoughts of dying bits of clay . Brother , we have cause to weep for our harlot-mother , her husband is sending her to Rome's brothell-house , which is the gate she liketh well : Yet I perswade you , there shall be a fair after-growth for Christ in Scotland , & this Church shall sing the Bridegroom's welcome-home again to his own house : The worms shall eat them first ere they cause Christ take good-night at Scotland . I am here assaulted with the Doctors gun , but I bless the father of lights they draw not blood of truth . I finde no lodging in the heart of natural men , who are cold friends to my Master : I pray you , Remember my love to that Gentleman A. C. My heart is knit to him , because he & I have one Master . Remember my bands , & present my service to my Lord & my Lady : I wish Christ may be dearer to them , then to many of their place . Grace be with you . Aberd. July . 5. 1637. Yours in his sweet Lord Iesus . S. R. To my Lady BOYD. [ 202. ] GRace , mercy & peace be to you : Few [ I beleeve ] kn●w the pain & torment of Christ's fristed love , fristing of Christ's presence is a matter of torment . I know a poor soul that would lay all oars in the water for a banquet or feast o●● Christ's love . I cannot think but it must be uptaking & sweet to see the white & red of Christ's fair face ; for he is white & ruddy & the chiefest among ten thousands . Cant , 5 , 10. I am sure that must be a well made face of his , heaven must be in his visage ; glory , glory for evermore must ●it on his countenance . I dare not curse the mask & covering that is on his face , but O if there were a hole in it ! O if God would tear the mask ! Fy , fy upon us , we were never shamed till now● that we doe not proclaim our pining & languishing for him . I am sure , nev●r tongue spake of Christ as he is : I am still of that minde and still will be , that we wrong & undervalue that holy , holy One in having such short and shallow thoughts of his weight & worth . O if I could have but leave to stand beside & see the Father weigh Christ the Son , if it were possible ! But how every one of them comprehendeth another , we who have eyes of clay cannot comprehend : But it is pity for evermore & more then shame , that such an one as Christ , should sit in heaven his alone for us : To goe up thither one's errand and on purpose to see , were no small glory . O that he would strike out windows & fair and great lights in this old house , this fallen down soul , and then set the soul near hand Christ , that the rays & beams of light & th soul-delighting glances of the fair , fair God-head , might shine in at the windows & fill the house ! A fairer & more near & direct sight of Christ would make room for his love , for we are but pinched & straitned in his love : Alas it were easy to measure & weigh all the love that we have for Christ by inches and ounces ! Alas that we should love by measure & weight , and not rather have floods & feasts of Christ's love ! Oh that Christ would break down the old narrow vessels of these narrow & ebbe souls ; & make fair , deep , wide & broad souls , to hold a sea & a full tide flowing over all it's banks , of Christ's love ! Oh that the Almighty would give me my request ! That I might see Christ come to his temple again [ as he is minting & it's like minding to doe ] & if the land were humbled , the judgements threatned are with this reservation I know , if we shall turn and repent . O what heaven should we want on ear●h , to see Scotland's moon like the light of the Sun & Scotland's sun-light seven fold like the light of seven days , in the day that the Lord bindeth up the breach of his people & healeth the stroke of their wounds ! Isa. 30 : 26. Alas that we will not pull & draw Christ to his old tents again , to come & feed among the lilies till the day break & shadows flee away ! O that the Nobl●s would goe on in the strength & courage of the Lord to bring our lawfull King Jesus home again ! I am perswaded he shall return again in glory to this land , but happy ●ere they who could help to convoy him to his sanctuary & set him again up upon the mercy-seat betwixt the Cher●b●ms . O Sun return to darkned Britain ! O fairest among all the sons of men ! O most excellent One , come home again , come home & win the praises & blessings of the mourners in Zion , the prisoners of hope that wait for thee ! I know he can also triumph in suffering , & weep & reign , & die & triumph , & remain in prison & yet subdue his enemies : But how happy were I to s●e the coronation day of Christ , to see his mother who bare him put the crown upon his head again , & cry with shouting till the earth should ring , Let Iesus our King live & reign for evermore ! Grace , grace be with your La. Aberd. 1637. Your La : at all obedience in Christ , S. R. To Mr ALEXANDER COLVILL . Of Blair . ( 203. ) Much honoured Sir. GRace , mercy & peace be to you : I would desire to know how my Lord took my letter I sent him , & how he is : I desire nothing but that he be fast and honest to my royal Master & King. I am well every way , all praise to him in whose books I must stand for ever as his debter : Onely my silence paineth me : I had one joy out of heaven next to Christ my Lord , & that was to preach him to this faithless generation , & they have taken that from me : It was to me as the poor man's one eye & they have put out that eye . I know the violence done to me & his poor be-rest Bride , is come up before the Lord : & suppose I see not the other side of my cross , or what my Lord will bring out of it ; yet I beleeve the vision shall not tarry , & that Christ is on his journey for my deliverance , he goeth not slowly but passeth over ten mountains at one stride : In the mean time , I am pained with his love , because I want reall possession , when Christ cometh he stayeth not long , but certainly the blowing of his breath upon a poor soul is heaven upon earth , & when the wind turneth into the North & he goeth away , I die till the wind change in the West & he visite his prisoner : But he holdeth me not often at his door . I am richly repayed for suffering for him . O if all Scotland were as I am , except my bonds ! O what pain I have , because I cannot get him praised by my sufferings ! O that heaven , within and without , & the earth were paper , & all the rivers , fountains & s●as were ink , & I able to write all the paper within & without , full of his praises & love & excellency , to be read by man & Angel ! Nay this is little , I ow my heaven for Christ , & to desire , howbeit I should never enter in at the gates of the new Ierusalem , to send my love & my praises over the wall to Christ. Alas that Time & Days lie betwixt him & me , & adjourn our meeting ! It is my part to cry , O when will the night be past & the day dawn , that we shall see one another ! Be pleased to remember my service to my Lord to whom I wrote , & shew him , that for his affection to me , I cannot but pray for him & earnestly desire that Christ miss him not out of the roll of these who are his witnesses , now , when his kingly honour is called in question : It is his honour to hold up Christ's royal train & to be an instrument to hold the crown upon Christ's head : Shew him , because I love his true honour & standing , that this is my earnest desire for him . Now I bless you , & the prayers of Christ's prisoner come upon you , & his sweetest presence whom ye serve in the spirit accompany you . Aberd. June . 23. 1637. Yours at all obliged obed●ince in Christ , S. R. To Mr JOHN ROW . ( 204 ) Reverend & dear Brother . I Received yours : I bless his high & great name , I like my sweet Master still the longer the better : A sight of his cross is more awsom then the weight of it . I think the worst things of Christ , even his reproaches & his cross [ when I look on these not with bleared eyes ] far rather to be chosen then , the laughter & worm-eaten joys of my adversaries . Oh that they were as I am , except my bonds ! My witness is above , my Ministery next to Christ is dearest to me of any thing ; but I lay it down at Christ's feet for his glory & his honour as supreme Law-giver , which is dearer to me . My dear Brother , if ye will receive the testimony of a poor prisoner of Christ , who dare not now dissemble for the world , I beleeve certainly & expect thanks from the Prince of the Kings of the earth , for my poor hazards [ such as they are ] for his honourable cause , whom I can ever enough extoll for his running-over love to my sad soul , since I came hither . O that I could get him set on high & praised ! I seek no more as the top & root of my desires , but that Christ may make glory to himself & edification to the weaker out of my sufferings . I desire ye would help me both to pray & praise , Grace be with you . Aberd. July . 8. 1637. Yours in his sweet Lord Iesus , S. R. To the Lady CULROSS . ( 205 ) MADAM . GRace , mercy & peace be to you : I am much refreshed with your letter , now at length come to me . I finde my Lord Jesus cometh not in that precise way that I lay wait for him , he hath a gate of his own : O how high are his wayes above my wayes ! I see but little of him : It is best not to offer to learn him a lesson , but to give him absolutely his own will in coming , going , ebbing , flowing & in the manner of his gracious working . I want nothing but a back burthe● of Christ's love : I would goe through hell & the thick of the damned Devils to have a hearty feast of Christ's love , for he hath fettered me with his love , & run away & left me a chained man. Woe is me that I was so loose , rash , vain & graceless in my unbeleeving thoughts of Christ's love : But what can a soul under a non-entry [ when my rights were wod-set and lost ] doe else , but make a false libel against Christ's love ? I know your self , Madam , and many moe will be witnesses against me , if I repent not of my unbelief ; for I have been seeking the Pope's wares , some hire for grace within my self : I have not learned as I should doe , to put my stock & all my treasure in Christ's hand , but I would have a stock of mine own , & ere I was aware , I was taking hire to be the Law 's advocate , to seek Justification by works : I forgot that grace is the onely garland that is worn in heaven upon the heads of the glorified . And now I half rejoyce that I have sickness for Christ to work upon : since I must have wounds , well's my soul I have a day's work for my Physician Christ : I hope to give Christ his own calling , it setteth him full well to cure diseases . My ebbings are very low & the tide is far out when my Beloved goeth away ; & then I cry , Oh cruelty ! to put out the poor man's one eye & that , that was my joy next to Christ , to preach my welbeloved , then I make a noise about Christ's house , looking uncouth-like in at his window & casting my love & my desires over the wall , till God send better . I am often content my bill lie in heaven , till the day of my departure , providing I had assurance that mercy shall be written on the back of it : I would not care for on-waiting , but when I draw in a tired arm & empty hand withall , it is much to me ; to keep my thoughts in order ; but I will not get a gate for Christ's love : When I have done all I can I would fain yeeld to his stream , & row with Christ & not against him . But while I live , I see , that Christ's Kingdom in me will not be peaceable , so many thoughts in me rise up against his honour & kingly power . Surely I have not expressed all his sweet kindness to me , I spare to doe it lest I ●e deemed to seek my self ; but his breath hath sinelled of the powder of the merchants & of the King's spikenard . I think I conceive new thoughts of heaven , because the Carde & the Mappe of Haven that he letteth me now see , is so fair , & so sweet : I am sure we are niggards & sparing bodies in seeking : I verily judge , we know not how much may be had in this life , there is yet something beyond all we see , that seeking would light upon . O that my love-sickness would put me to a business , when all the world are sound sleeping , to cry & knock ! But the truth is , since I came hither , I have been wondering , that after my importunity to have my fill of Christ's love , I have not gotten a reall sign , but have come from him crying , hunger , hunger . I think Christ letteth me see meat in my extremity of hunger , & giveth me none of it : When I am near the apple he draweth back his hand & goeth away , to cause me follow : And again when I am within an arm-length to the apple he maketh a now break to the gate , & I have him to seek of new : He seemeth not to pity my dwining & my swooning for his love . I dare sometimes put my hunger over to him to be judged , if I would not buy him with a thousand years in the hottest furnace in hell , sobeing I might enjoy him : But my hunger is fed with want & absence : I hunger & I have not , but my comfort is to lie & wait on , & to put my poor soul & my sufferings in Christ's hand : Let him make any thing out of me , sobeing he be glorified in my salvation , for I know I am made for him : O that my Lord may win his own gracious end in me ! I will not be at ease , while I but stand so far aback : O if I were near him & with him , that this poor soul might be satisfied with himself ! Your son in law W. G. is now truly honoured for his Lord and Master's cause : when the Lord is fanning Zion , it is a good token that he is a true branch of the vine , that the Lord beginneth first to dress him : He is strong in his ●●r● as he hath written to me , and his wife is his encourager , which should make you rejoyce . For your son , who is your grief , your Lord waited on you and me till we were ●ipe and brought us in : It is your part to pray & wait upon him ; When he i● ripe he will b● spoken for , who can command our Lord's wind to blow ? I know it shall be your good in the latter end : That is one of your waters to heaven , ye could not goe about it , there are the fewer behinde . I remember you & him & yours , as I am able : But alas , I am beleeved to be something , & I am nothing but an emptie reed : Wants are my best riches , because I have these supp●…ed by Christ , Remember my dearest love to your brother : I know he pleadeth with his harlot-mother for her Apostasie . I know also ye are kinde to my worthy Lady Kenmure . a woman beloved of the Lord , who hath been very mindfull of my bonds : The Lord give her to finde mercy & her childe in the day of Christ. Great men are dry and cold in doing for me , the tinckling of chains for Christ , affrighteth them ; but let my Lord break all my idols , I will yet bless him . I am obliged to my Lord Lor● : I wish him mercy . Remember my bonds with praises , and pray for me that my Lord my leaven the North by my bands & sufferings . Grace be with you . Aberd. July 9. 1637 , Yours ●his s swe Lord Iesus , S. R. To ALEXANDER GORDON . Of Knockgray . ( 206. ) Dear Brother . GRace , mercy & peace be to you . There is no question but our mother-church hath a father & that she shall not die withont an heir , that her enemies ▪ hall not make mount Zion the● heritage . We see , whethersoever Zion's enemies goe , suppose they dig many miles under the ground , yet our Lord findeth them out , and he hath vengeances laid up in ●or● for them , & the poor & needy shall not alwayes be forgotten . Our hope was drouping & withering , & man was saying , what can God make out of the old dry bones of this buried Kirk ? The Prelats & their followers were a grave above us : it is like our Lord is to open our graves & purposeth to cause his two slain witnesses rise the third day , O how long wait I to hear our weeping Lord Jesus sing again & triumph & rejoyce & divide the spoil ! I finde it hard work to beleeve when the course of providence goeth cross-wayes to our faith , & when misted souls in a dark night cannot know East by West , & our sea Compass seemeth to fail us : Every man is a beleever in day-light : A fair day seemeth to be made all of faith & hope : What a trial of gold is it to smoke it a little above the fire ? But to keep gold perfect ●ellow-coloured amidst the flames & to be turned from vessel to vessels , & yet to cause out furnace sound & speak & cry the praises of the Lord , is another matter . I know my Lord made me not for fire , howb●it he hath fitted me in some measure for the fire . I bless his high name that I wax not pale , neither have I lost the colour of gold and that his fire hath made me somewhat thin & that my Lord may pour me in any vessel he pleaseth : For a small wager I may justly quite my part of this world's laughter , & give up with time , & cast out with the pleasures of this world . I know a man who wondered to see any in this life laugh & sport : surely our Lord seeketh this of us , as to any rejoycing in present perishing things . I see above all things , & that we may sit down & fold legs & arms & stretch our selves upon Christ & laugh at the feathers that children are chasing here : For I think the men of this world like children in a dangerous storm in the sea , that play & make sport with the white foam of the waves thereof , coming in to sink & drown them ; so are men making fool's sports with the white pleasures of a stormy world that will sink ●em . But alas , what have we to doe with their sports that they make ! If Solomon said of Laughter that it was madness , what may we say of this world 's laughing & sporting themselves with gold & silver & honours & court & broad large conquests , but that they are poor souls in the height and rage of a fever gone mad ? Then a straw , a fig for all created sports and rejoycing out of Christ : Nay I think that this world at it's prime & perfection , when it is is come to the top of it's excellency and to the bloom , might be bought with an half penny , & that it would scarce weigh the worth of a drink of water : There is nothing better then to esteem it our crucified idol , that is dead & slain , as Paul did ; ●al . 6 , 14. Then let pleasures be crucified , & riches be crucified , & court & honour be crucified , & since the Apostle faith , the world is crucified to him , we may put this world to the hanged man's doom and to the gallowes , & who will give much for a hanged man ? & as little should we give for a hanged & crucified world : Yet what a sweet smell hath this dead carrion to many fools in the world , and how many wooers and suiters findeth this hanged carrion ? Fools are pulling it off the gallowes and contending for it . O when shall we learn to be mortified men , & to have our fill of these things that have but their short summer-quarter of this life ! If we saw our father's house and that great and fair citie , the new Ierusalem which is up above sun & moon , we would cry to be over the water & to be carried in Christ's arms out of this borrowed prison . Grace , grace be with you . Aberd. 1637. Yours in his sweet Lord Iesus . S. R. To the ●aird of CARLETOUN . ( 207 ) Worthy Six . GRace , mercy and peace be to you : I received your letter & am heartily glad that our Lord hath begun to work for the apparent delivery of this poor oppressed Kirk : O that salvation would come for Zion ! I am for the present hanging by hope , waiting what my Lord will doe with me , & if it will please my sweet Master to send me amongst you again , & keep out a hireling from my poor people & flock : It were my heaven till I come home , even to spend this li●e in gathering in some to Christ. I have still great heaviness for my silence & my forced standing idle in the market , when this land hath such a plentifull thick harvest ; but I know , his judgements who hath done it , pass fi●…ding out : I have no nowledge to take up the Lord in all his strange wayes 〈◊〉 p●ssages of deep & unsearchable providences , for the Lord is b●fore me & I am so be-misted that I cannot follow him : He is behinde me and following at the heels and I am not aware of him , he is above me , but his glory so 〈◊〉 my twilight of short knowledge ▪ that I cannot look up to him : He is upon my right hand , and I see him no : He is upon my left hand and within me and goeth and com●th , & his going & coming are a dr●a●… to me : He is round about me & comp●…th ●l my going● a●d still I have him to eek : He is every way higher & d●eper & broad●r then the shallow & ebbe hand-breadth of my sho●t & d●… light can take up , & therefore I would my heart could be silent & sit down in the learnedly-ignorant wondering at that Lord , whom m n & Ang●ls ca●not comprehend . I know , the noon-day-light of the highest Angels , who see him face to face , seeth not the borders of his infiniteness : They apprehend God near hand , but they cannot comprehend him : And therefore it is my happiness to look afar off and to come near to the Lord's back parts , & to light my dark candle at his brightness , & to have leave to sit & content my self with a traveller's light , without the clear vision of an enjoyer . I would seek no more till I were in my countrey , but a little watering & sprinkling of a withered soul , with some half out breakin gs & half-outlookings of the beam and small ravi●hing smiles of the fairest face of a revealed & beleeved on Godhead : A little of God would make my soul bank-full . O that I had but Christ's odde off fallings , that he would let but the meanest of his love-rayes & love-beams fall from him , so , as I might gather & carry them with me ! I would not be ill to please with Christ and vailed visions of Christ , neither would I be dainty in seeing and enjoying of him ▪ A kiss of Christ blowen over his shoulder , the parings and crumbs of glory that fall under his table in heaven , a shower like a thin May-mist of his love , would make me green and sappy & joyfull , till the summer-sun of an eternall glory break up . O that I had any thing of Christ ! O that I had a sip or half a drop out of the hollow of Christ's hand , of the sweetness & excellency of that lovely One ! O that my Lord Jesus would ●ue upon me , & give me but the meanest almes of felt & beleeved salvation ! O how little were it for that infinite sea , that infinite fountain of love & joy , to fill as many thousand thousand little vessels the like of me , as there are minutes of hours since the creation of God! I finde it true that a poor soul finding half a smell of the Godhead of Christ , hath desires paining & wounding the poor heart so , with longings to be up at him , that make it sometimes think , were it not better never to have felt any thing of Christ then thus to lie dying twenty deaths under these felt wounds for the want of him ? O where is he ! O fairest ! Where dwellest thou ? O never enough admired Godhead ! how can clay win up to thee ? How can creatures of yesterday be able to enjoy thee ? O what pain is it , that time & sin should be as so many thousand miles betwixt a loved & longed-for Lord & a dwining & love-sick soul , who would rather then all the world have lodging with Christ ! O let this bit love of ours , this inch & half span-length of heavenly longging , meet with thy infinite love ! O if the little I have were swallowed up with the infiniteness of that excellency which is in Christ ! O that we little ones were in at the greatest Lord Jesus ! our wants should soon be swallowed up with his fulness . Grace , grace be with you . Aberd. May. 1. 1637. Yours in his sweet Lord Iesus . S. R. To ROBERT GORDON . Of Knockbrex . ( 208 ) Dear Brother . GRace , mercy & peace be to you : I received your letter from Edinburgh . I would not wish to see another heaven wh●●e I get mine own heaven , but a new moon like the light of the sun , & a new sun like the light of seven days shining upon my poor self & the Church of Iews & Gentiles , & upon my withered & sun-burnt mother , the Church of Scotland , & upon her sister Churches , England & Ireland ; & to have this done to to the setting on high our great King : it maketh not , howbeit I were separate from Christ & had a sense of ten thousand years pain in hell , if this were . O blessed Nobility , O glorious renouned Gentry , O blessed were the tribes in this land to wipe my Lord Jesus's weeping face , & to take the sackcloth off Christ's loins & to put his kingly robes upon him ! O if the Almighty would take no less wager of me then my heaven , to have it done ! But my fears are still for wrath once upon Scotland : But I know her day shall clear up & glory shall be upon the top of the mountains and joy at the noise of the married wife once again . O that our Lord would make us to contend & plead & wrestle by prayers & tears for our husband's restoring of his forfeited heritage in Scotland . Dear Brother , I am for the present in no small battel betwixt felt guiltiness and pining longings & high fevers for my welbeloved's love . Alas ! I think Christ's love playeth the niggard to me , & I know , it is not for scarcity of love , there is enough in him ; but my hunger prophesieth of in-holding and sparingness in Christ , for I have but little of him and little of his sweetness : It is a dear summer with me , yet there is such joy in the eagerness & working of hunger for Christ , that I am often at this , that if I had no other heaven but a continuall hunger for Christ , such a heaven of ever-working hunger , were still a heaven to me . I am sure , Christ's love cannot be cruel , it must be a rueing , a pitifull , a melting-hearted love : But suspension of that love ▪ I think it half a hell , & the want of it more then a whole hell . When I look to my guiltiness , I see my salvation one of our Saviour's greatest miracles either in heaven or earth : I am sure , I may defie any m●n to shew me a greater wonder , but seeing I have no wares , no hire , no money for Christ , he must either take me with want , misery , corruption , or then want me . O if he would be pleased to be compassionat and pitifull hearted to my pining fevers of longing for him , o● then give me a reall pawne to keep , out of his own hand , till God send a meeting betwixt him & me ! But I finde neither as yet ; howbeit he who is absent be not cruel nor unkinde , yet his absence is cruel and unkinde : His love is like it self , his love is his love ; but the cove●ing & the cloud , the vail & the mask of his love , is more wise then kinde , if I durst speak my apprehensions . I lead no process now against the suspension & delay of God's love : I would with all my heart frist till a day , ten heavens and the sweet manifestations of his love : Certainly I think I could give Christ much on his word : But my whole pleading is about intimated & born-in assurance of his love . O if he would perswade me of my heart's desire of his love at all , he should have the term-day of payment at his own carving : But I know , raving unbeleef speaketh it's pleasure ; while it looketh upon guiltinesse and this body of corruption . O how loathsom & burdensom is it to carry about a dead corps , this old carrion of corruption ! O how steadable a thing is a Saviour to make a sinner rid of his chains & fetters ! I have now made a new question , Whether Christ be more to be loved for giving Sanctification , or for free Justification ? And I hold he is more & most to be loved for S●n●tification : it is in some respect greater love in him to sanctifie then to justifie , for he maketh us most like himself in his own essential pourtraiture & image , in sanctifying us : Justification doth but make us happy , which is to be like the Angels onely : Neither is it such a misery to lie a condemned man & under unforgiven guiltiness , as to serve sin & work the works of the Devil ; & therefore I think Sanctification cannot be bought , it 's above all price , God be thanked for ever that Christ was a told down price for Sanctification : Let a sinner [ if possible ] lie in hell for ever , if he make him truly holy , & let him lie there burning in love to God , rejoycing in the Holy Ghost , hanging upon Christ by faith & hope ; that is heaven in the heart and bottom of hell . Alas , I finde a very thin harvest here & few to be saved ! Grace , grace be with you . Aberd. 1637. Yours in his lovely & longed-for Lord ●●sus , S. R. To my Lord CRAIGHALL . ( 209 ) My Lord. I Perswade my self , notwithstanding of the greatness of this temptation , ye will not let Christ want a witness of you , to avow him before this evil generation . And if ye advise with God's truth , the perfect testament of Christ , that forbiddeth all mens additions to his worship , & with the truly learned & withall the sanctified in this land , & with that warner within you [ that will not fail to speak against you in God's time , if ye be not now fast & fixed for Christ ] I hope then your Lo : will acquit your self as a man of courage for Christ , & refuse to bow your knee superstitiously & idolatrously to wood or stone or any creature whatsoever . I perswade my self when ye shall take good-night at this world , ye shall think it God's truth I now write . Some fear your Lo : have obliged your self to his Maj : by promise to satisfie his desire : If it be so , my dear & worthy Lord , hear me for your soul 's good : Think upon swimming a shore after this ship wrack , & be pleased to write your humble Apologie to his Majestie , it may be God give you favour in his eyes : However it be , far be it from you to think , a promise made out of weakness & extorted by the terrour of a King , should binde you to wrong your Lord Jesus . But for my self , I give no faith to that report , but I beleeve ye shall prove fast 〈◊〉 Christ : To his grace I recommend you . Aberd. July . 8. 1637. Your Lo : at all obedience in Christ. S. R. To my Lord CRAIGHALL . ( 210. ) My Lord. GRace , mercy & peace be to you : I am not onely content but I exceedingly rejoyce , that I finde any of the Rulers of this Land , & especially your Lo : so to affect Christ and his truth , as ye dare for his name come to yea & nay with Monarchs in their face . I hope he who hath enabled you for that , will give more , if ye shew your self couragious , & as his word speaketh , a man in the streets for the Lord : But I pray your Lo : give me leave to be plain with you , as one who loveth both your honour & your soul. I verily beleeve , there was never Idolatry at Rome , never Idolatry condemned in God's word by the Prophets , if religious kneeling before a consecrate creature standing in room of Christ crucified , in that very act , & that for reverence of the Elements ( as our Act cleareth ) be not Idolatry . Neither will your intention help , which is not of the essence of Worship : for then Aaron saying , To morrow shall be afeast for Iehovah , that is , for the golden Calf , should not have been guilty of Idolatry ; for he intended onely to decline the lash of the people's fury , not to honour the Calf : Your intention to honour Christ is nothing , seeing religious kneeling by God's institution doeth necessarily import religious & divine adoration , suppose our intention were both dead & sleeping : Otherwise kneeling before the Image of God , directing prayer to God , were lawfull , if our intention goe right . My Lord , I cannot in this bounds dispute , but if Cambridge & Oxford & the learning of Britain will answer this argument , & the argument from active scandal , which your Lo : seemeth to stand upon , I will turn a formalist & call my self an arrant fool by doing what I have done in my suffering for this truth . I doe much reverence Mr Ls. learning , but my Lo : I will answer what he writes in that to pervert you from the truth , else repute me beside an hypocrite , an ass also , & I hope ye shall see something upon that subject , if the Lord permit , that no sophistry in Britain shall answer . Courtiers arguments for the most part , are drawn from their own skin , & are not worth a straw for your conscience . A Marquess or a King's word , when ye stand before Christ's tribunal , shall be lighter then wind . The Lord knoweth I love your true honour & the standing of your house , but I would not your honour or house were established upon sand , & hay & stubble . But let me , my very dear & worthy Lord , most humbly beseech you by the mercies of God , by the consolations of his Spirit , by the dear blood & wounds of your lovely Redeemer , by the salvation of your soul , by your compearance before the awfull face of a sin-revenging & dreadfull Judge , not to set in comparison together your soul's peace , Christ's love & his Kingly honour now called in question , with your place , honour , house , or ease , that an inch of time will make out of the way . I verily beleeve , Christ is now begging a testimony of you , & is saying , And will ye also leave me . It is possible the wind shall not blow so fair for you all your life , for coming out & appearing before others to back & countenance Christ the fairest among the sons of men , the Prince of the Kings of the earth . Isa. 51. 7. Fear ye not the reproach of men , neither be afraid of their revilings . v. 8. For the moth shall eat them up like a garment , & the worm shall eat them like wool . When the Lord shall begin , he shall make an end , & mow down his adversaries , and they shall lie before him like withered hay , & their bloom shaken off them . Consider how many thousands in this Kingdom veshall cause to fall & stumble , if ye goe with them , & that ye shall be out of the prayers of many who doe stand before the Lord for you & your house : & further , when the time of your accounts cometh , & your one foot shall be within the border of eternity , & the eye-strings shall break , & the face wax pale , & the soul shall look out at the windows of the house of clay , longing to be out , & ye shall finde your self arraigned before the Judge of quick & dead to answer for the putting to your hand with the rest , confederate against Christ , to the overturning of his Ark & the loosing of the pins of Christ's tabernacle in this land , & shall certainly s●e your self mired in a course of Apostasie , then , then a King's favour & your worm-eaten honour shall be miserable comforters to you . The Lord hath enlightened you with the knowledge of his will : & as the Lord liveth , they lead you and others to a communion with great Babel , the mother of fornications : & God said of old , & continueth to say the same to you , Come out of her my people , lest ye be partakers of her plagues : will ye then goe with them , & set your lip to the whore 's golden cup , & drink of the wine of the wrath of God Almighty with them ? O poor hungry honour ! O cursed pleasures ! And O damnable ease , bought with the loss of God! How many shall pray for you ! What a sweet presence shall ●…efinde of Christ under your sufferings , if ye shall lay down your honour & place at the feet of Christ ! What a fair recompence of reward ! I avouch before the Lord that I am now shewing you a way how the house of Craighall may stand on sure pillars : If ye will set it on rotten pillars , ye cruelly wrong your posterity : Ye have the word of a King for an hundred fold more in this life [ if it be good for you ] & for life everlasting also : Make not Christ a liar , in distrusting his promise . Kings of clay cannot back you when ye stand before him , a straw for them & their hungry heaven that standeth on this side of time , a fig for the dayes-smile of a wo●m . Consider who have gone before you to eternity & would have given a world for a new occasion of a vouching that truth : It 's true , they call it not substantial , and we are made a scorn to these that are at ease , for suffering these things for it ; but it is not time to judge of our losses by the morning , stay till the evening & we shall count with the best of them . I have found by experience since the time of my imprisonment [ my witness is above ] Christ fealing this honourable cause with another & a nearer fellowship then ever I knew before , and let God weigh me in an even ballance in this , if I would exchange the cross of Christ or his truth with the fourteen Prelacies or what else a King can give . My dear Lord , venture to take the wind on your face for Christ : I beleeve , if he should come from heaven in his own person , & seek the charters of Craighall from you , & a dimission of your place , & ye saw his face , ye would fall down at his feet and say , Lord Iesus , it is too little for ●…ee . If any man think it not a truth to die for , I am against him : I dare goe to eternity with it , that this day the honour of our royal Law-giver & King in the Government of his own free Kingdom [ who should pay tribute to no dying King ] is the true state of the question . My Lord , be ye upon Christ's side of it , & take the word of a poor prisoner , nay the Lord Jesus be surety for it ; ye have incomparably made the wisest choice : for my own part , I have been in this prison that I would be half a hamed to seek more , till I be up at the well-head . Few know in this world the sweetness of Christ's breath , the excellency of his love which hath neither brim nor bottom : the world hath raised a slander upon the cross of Christ , because they love to goe to heaven by dry land & love not sea-storms : But I write it under my hand [ & would say more , if possibly a reader would not deem it hypocrisie ] My obligation to Christ for the smell of his garments , for his love-kisses these thirty weeks , standeth so great , that I should , & I desire also to chuse to suspend my salvation , to have many tongues loosed in my behalf to praise him : & suppose in person I never entered within the gates of the new ●erusalem , yet sobeing Christ may be set on high & I had the liberty to cast my love & praises for ever over the wall to Christ , I would be silent & content . But O he is more then my narrow praises ! O time , time , flee swiftly , that our communion with Jesus may be perfected . I wish your Lo : would urge Mr L. to give his minde in the Ceremonies & be pleased to let me s●e it as quickly as can be , & it shall be answered . To his rich grace I recommend your Lo : & shall remain . Aberd. Juny 8. 1637. Yours at all respective obedience in Christ , S. R. To the Lady CULROSS . ( 211 ) MADAM . YOur letter came in due time to me , now a prisoner of Christ & in bonds for the Gospel : I am sentenced with deprivation , & confinement within the town of Aberdeen : but Oh my guiltiness , the follies of my youth , the neglects in my calling , & especially in not speaking more for the Kingdom , crown & scepter of my royal & princely King Iesus , doe so stare me in the face , that I apprehend anger in that which is a crown of rejoycing to the dear saints of God! This before my compearance [ which was three several dayes ] did trouble me , & burdeneth me more now ; howbeit Christ , & in him , God reconciled , met me with open arms , & trysted me precisely at the entry of the door of the Chancellour's hall , & assisted me to answer so , as the advantage that is , is not their's but Christ's . Alas ! There is no cause of wondering that I am thus born down with challenges , for the world hath mistaken me , & no man knoweth what guiltiness is in me , so well as these two [ who keep my eyes now waking & my heart heavie ] I mean , my Heart & Conscience , & my Lord who is greater then my Heart . Shew your brother that I desire him while he is on the watch-tower to plead with his mother , & to plead with thi●land , & spare not to cry for my sweet Lord Jesus his fair crown , that the interdited & forbidden Lords are plucking off his royal head . If I were free of challenges & a High Commission within my soul. I would not give a straw to goe to my father's house through ten deaths for the truth & cause of my lovely , lovely one ▪ Iesus : But I walk in heaviness now . If ye love me & Christ in me , my dear Lady , pray , pray for this onely , that by-gones betwixt my Lord & me may be by-gones , & that he would pass from the summonds of his High Commission , & seek nothing from me , but what he will doe for me & work in me . If your La : knew me as I doe my self , ve would say , Poor soul , no marvel . It is not my apprehension that createth this cross to me , it is too real & hath sad & certain grounds . But I will not beleeve that God will take this advantage of me , when my back is at the wall : He who forbiddeth to adde affliction to affliction , will he doe it himself ? Why should ●e pursue a dry lea● & stubble ? Desire him to spare me now . Also the memory of the fair feast-dayes that Christ & I had in his banquetting house of wine , & the scattered flock once committed to me & now taken off my hand by himself , because I was not so faithfull in the end , as I was in the first two years of my entry , when sleep departed from my eyes , because my soul was taken up with a care for Christ's lambs , even these adde sorrow to my sorrow . Now my Lord hath onely given me this to say , & I write it under mine own hand [ be ye the Lord's servant's witness ] Welcome , welcome , sweet , sweet cross of Christ : welcome fair . fair , lovely , royal King with thine own cross : Let us all three goe to heaven together . Neither care I much to goe from the South of Scotland to the North , & to be Christ's prisoner amongst 〈◊〉 couth faces , a place of this Kingdom which I have little reason to be in love with . I know , Christ shall make Ab●rdeen my garden of delights . I am fully perswaded that Scotland shall ●at Ez●kiel's book that is written within & without ; Lamen●… & mourni●g & ●oe . Ezek. 2 , 10. But the saints shall get a drink of the well that goeth through the streets of the n●w Ierusalem to put it down . Thus hoping ye will think upon the poor prisoner of Christ , I pray , Grace , grace be with you . Edinb . July . 30. 1636. Your La : in his sweet Lord Iesus , S. 〈◊〉 . To ALEXANDER GORDON . of Earlestovvn . ( 212 ) Much honoured Sir. I Finde small hopes of Qs. business : I intend after the Councel-day to goe on to Aberdeen : The Lord is with me , I care not what man can doe . I burden no man , & I want nothing : No King is better provided then I am : Sweet , sweet & easie is the cross of my Lord : All men I look in the face [ of whatsoever rank , Nobles & poor , acquaintance & strangers ] are friendly to me . My welbeloved is some kinder & more warmly then ordinary , & cometh and visiteth my soul : My chains are overguilded with gold . Onely the remembrance of my fair dayes with Christ in Anwoth , & of my dear flo●● [ whose case is my heart's sorrow ] is vinegar to my sugared wine , yet both sweet & sowre feed my soul : No pen , no words , no ingine can express to you , the loveliness of my onely , onely Lord Jesus . Thus in haste , making for my palace at Aberdeen , I bless you , your wife , your eldest son & other children . Grace , grace be with you . Edinb . Sept. 5. 1636. Your in his onely , onely Lord Iesus . S. R. To ROBERT GORDON of Knockbrex . ( 213. ) My dearest Brother . I See Christ thinketh shame [ if I may speak so ] to be in such a poor man's common as mine . I burden no man , I want nothing , no face hath gloomed upon me since I left you . God's son & fair weather conveyeth me to my time - Paradise in Aberdeen . Christ hath so handsomely fitted for my shoulders this ●●ugh ●●ee of the cross , as that it hurteth me no wayes . My treasure is up in Christ's ●●ffers , my comforts are greater then ye can beleeve : my per shall ye for p●●ury of words to write of them . God knoweth ▪ I am filled with the joy of the Holy Ghost . Onely the memory of you , my dearest in the Lord , my flock & others ▪ keepeth me under , & from being exalted above measure : Christ's sweet sa●… hath this sowre mixed with it ; but O such a sweet & pleasant taste ! I finde small hopes of Qs : matter . Thus in haste . Remember me to your wife , & to William Gordon . Grace be with you . Edinb . Sept. 5. 1636. Yours in his onely , onely Lord Iesus , R. S. To my Lord LOWDOUN . ( 214 ) Right honourable & my very worthy Lord. GRace , mercy & peace be to you : Hearing of your Lo : zeal & courage for Christ our Lord , in owning his honourable cause , I am bold [ & I plead pardon sor it ] to speak in paper by a line or two to your Lo : [ since I have not access any other way ] beseeching your Lo : by the mercies of God , & by the everlasting peace of your soul , & by the tears & prayers of our mother-Church , to goe on as ye have worthily begun , in purging of the Lord's house in this land & plucking down the sticks of Antichrist's filthy nest , this wretched Prelacy , & that black Kingdom , whose wicked aims have ever been & still are , to make this fat world the onely Compass they would have Christ and Religion to sail by , and to mount up the man of sin , their god-father the Pope of Rome , upon the highest stair of Christ's throne , and to make a velvet-Church [ in regard of Parliament-grandour & wordly pomp , whereof alwayes their stinking breath smelleth ] & to put Christ & truth in sack-cloth & prison , & to eat the bread of adversitie and drink the water of affliction : Half an eye of any not misted with the darkness of Antichristian smoke , may see it thus in this land : & now our Lord hath begun to awaken the Nobles & others to plead for born-down Christ & his weeping Gospel : My dear & noble Lord , the eye of Christ is upon you ; the eyes of many noble , many holy , many learned & worthy ones in our neighbour Churches about are upon you : This poor Church , your mother & Christ's spouse , is holding up her hands & heart to God for you , and doeth beseech you with tears to plead for her husband , his Kingly Scepter , & for the liberties that her Lord & King hath given to her , as to a free Kingdom , that oweth spiritual tribute to none on earth , as being the free-born Princess & daughter to the King of Kings . This is a Cause that before God , his Angels , the World , before Sun & Moon , needeth not to blush . O what glory & true honour is it to lend Christ your hand & service , & to be amongst the repairers of the breaches of Sion's walls , & to help to ●uild the old waste places , and stretch forth the curtains & strengthen the stakes of Christ's tent in this land ! O blessed are they , who , when Christ is driven away , will bring him back again & lend him lodging ! And blessed are ye of the Lord ; your name & honour shall never rot or wither in heaven [ at least ] if ye deliver the Lord's sheep that have been scattered in the dark & cloudy day , out of the hands of strange Lords & hirelings , who with rigour & cruelty , have caused them to eat the pastures troden upon with their foul feet , & to drink muddy water , & who have spun out such a world of yards of ●ndifferencies in God's Worship , to make & weave a web for the Antichrist [ that shall not keep any from the cold ] as they minde nothing else , but that by the bringing in of the Pope's foul tail first upon us [ their wretched and beggerly Ceremonies ] they may thrust in after them , the Antichrist's legs & thighs & his belly , head & shoulders , & then cry down Christ & the Gospel & up the merchandise & wares of the great whore . Fear not , my worthy Lord , to give your self & all ye have , out for Christ & his Gospel : No man dare say who ever did thus hazard for Christ , that Christ payed him not his hundred fold in this life duely , & in the life to come , life everlasting . This is his own truth ye now plead for , for God and man cannot but commend you to beg justice from a just Prince for oppressed Christ , & to plead that Christ , who is the King's Lord , may be heard in a free court to speak for himself , when the standing & established laws of our nation can strongly plead for Christ's crown in the pulpits , & his chair as Law-giver in the free Government of his own house : But Christ shall never be content & pleased with this land , neither shall his hot fiery indignation be turned away , so long as the Prelate , [ the man that l●y in Antichrist's foul womb & the Antichrist's Lord Bailiffe ] shall sit Lord-carver in the Lord Jesus his courts : The Prelate is both the egge & the nest to cleck & bring forth Popery : Plead therefore in Christ's behalf for the plucking down of the nest & crushing of the egge , & let Christ's Kingly Office suffer no more unworthy indignities . Be valiant for your royal King Jesus , contend for him ; your adversaries shall be moth-eaten worms , and shall die as men : Christ and his honour now lieth upon your shoulders , let him not fall to the ground : Cast your eye upon him who is quickly coming to decide all the controversies in Zion , & remember the sand in your night-glass will run out : Time with wings will flye away , Eternity , is hard upon you , & what will Christ's love-smiles & the light of his lovely & soul delighting countenance be to you in that day , when God shall take up in his right hand this little lodge of heaven [ like as a shepherd lifteth up his little tent ] & sold together the two leaves of his tent , & put the earth & all the plenishing of it into a fire , & turn this clay-Idol , the god of Adam's sons , in to smoke & white ashes ! O what hire & how many worlds would many then give to have a favourable decreet of the Judge ! Or what moneyes would they not give to buy a mountain to be a grave above both soul & body , to hide them from the awsom looks of an angry Lord & Judge ! I hope , your Lo : thinketh upon this , & that ye minde loyalty to Christ & to the King both . Now the very God of peace , the onely wise God , establish & strengthen you upon the rock laid in Zion . Aberd. Jan. 4. 1638. Your Lo : at all obedience in Christ , S. R. To a Christian Gentlewoman . ( 2●5 ) MISTRESS . GRace , mercy & peace be to you : Though not acquainted , yet at the desire of a Christian brother , I thought good to write a line unto you , intreating you in the Lord Jesus under your trials , to keep an ear open to Christ , who can speak for himself , howbeit your visitations and your own sense should dream hard things of his love and favour : Our Lord never getteth so kinde a look of us , nor our love in such a degree , nor our faith in such a measure of stedfastness , as he getteth out of the furnace of our tempting fears & sharp trials . I verily beleeve [ & too sad proofs in me , say no less ] that if our Lord would grind our whorish lust in powder , the very old ashes of our corruption should take life again , and live and hold us under so much bondage that may humble us & make us sad , till we be in that countrey where we shall need no Physick at all . O what violent means doth our Lord use to gain us to him , as if indeed we were a prize worthy his fighting for ! And be sure if leading would doe the turn , he would not use pulling of hair and drawing : But the best of us will bide a strong pull of our Lord 's right arm ere we follow him : Yet I say not this as if our Lord alwayes measured afflictions by so many ounce weights answerable to the grain weights of our guiltiness : I know he doeth in many [ and possibly in you ] seek nothing so much as faith that can endure summer and winter in their extremity . O how precious to the Lord is faith and love , that when threshed , beaten , and chased away , and boasted [ as it were ] by God himself , doeth yet look warm-like , love-like , kindlike , and life-like home-over to Christ , & would be in at him , ill & well as it may be ! Think not much that your husband or the dearest to you in the world , proveth to have the bowels & mercy of the Ostrich , hard & rigourous & cruel : For Psal. 27. 10. The Lord taketh up such fallen ones as these . I could not wish a more sweet life nor more satisfying expressions of kindness till I be up at that Prince of kindness , then the Lord's saints finde when the Lord taketh up mens refuse & lodgeth this world's out-lawes whom no man seeketh after : His breath is never so hot , his love casteth never such a flame , as when this world and these who should be the helpers of our joy , cast water on our coal : It is a sweet thing to see them cast out , & God take in , & to see them throw us away as the refuse of men , & God take us up as his jewels & his treasure : Often he maketh gold of dross , as once he made the cast-away stone , the stone rejected by the builders , the head of the corner . The Princes of this world would not have our Lord Jesus a pinning in the wall or to have any place in the building , but the Lord made him the Master-stone of power & place . God be thanked that this world hath not power to cry us down so many pounds , as rulers cry down light gold , or light silver : We shall stand for as much as our master-coiner Christ , whose coin , arms & stamp we bear , will have us : Christ hath no miscarrying ballance . Thank your Lord , who chaseth your love through two Kingdoms & followeth you & it over sea , to have you for himself , as he speaketh Hos. 3. For God layeth up his saints as the waile & the choice of all the world for himself , & this is like Christ & his love . O what in heaven or out of heaven is comparable to the smell of Christ's garments ! Nay , suppose our Lord would manifest his art , & make ten thousand heavens of good & glorious things , & of new joyes devised out of the deep of infinite wisdom , he could not make the like of Christ , for Christ is God , & God cannot be made : & therefore let us hold us with Christ , howbeit we might have our waile & will of an host of lovers , as many as three heavens could contain . O that he & we were together ! O when Christ & ye shall meet about the outmost march & borders of time & the entry into eternity , ye shall see heaven in his face at the first look , & salvation & glory sitting in his countenance & betwixt his eyes ! Faint not , the miles to heaven are but few & short : he is making a green bed [ as the word speaketh Cant. 1. ] of love for himself & you : There are many heads lying in Christ's bosom , but there is room for yours among the rest : And therefore goe on & let hope goe before you : Sin not in your trials , & the victory is yours : pray , wrestle & beleeve , & ye shall overcome & prevail with God as Iacob did : No windle-straws , no bits of clay , no temptations which are of no longer life then an hour , will then be able to withstand you , when once ye have prevailed with God. Help me with your prayers , that it would please the Lord to give me house-room again , to speak of his righteonsness in the great congregation , if it may seem good in his sight . Grace , grace be with you . Aberd. Jan. 6. 1637. Yours in his sweet Lord Iesus , S. R. THE SECOND PART . Containing Some letters of the same Author , from Anwoth , before his confinement , at Aberdeen : And others from St Andrevvs , London , &c. after his enlargement . To the Vicountess of Kenmure . ( 1. ) MADAM .. ALL dutifull obedience in the Lord remembred : I have heard of your La : Infirmity and sickness with grief yet I trust ye have learned to say . It is the Lord , let him doe whatsoever seemeth good in his eyes . It is now many years since the Apostate Angels made a question , whether their will or the will of their Creator should be done , & since that time , fr●ward mankinde hath alwayes in that same sute of Law compeared , to plead with them against God , in a dayly repining against his will : but the Lord being both party & Judge , hath obtained a decreet & saith , Isa. 46. 10. My counsel shall stand , & I will doe all my pleasure . It is then best for us in the obedience of faith & in an holy submission , to give that to God which the Law of ●is almighty & just power will have of us . Therefore , Madam , your Lord willeth you in all states of life to say Thy will be done in earth , as it is in heaven : & herein shall ye have comfort , that he who seeth perfectly through all your evils , & knoweth the frame & constitution of your nature , & what is most healthfull for your soul , holdeth every cup of affliction to your head with his own gracious hand : Never beleeve that your tender-hearted Saviour who knoweth the strength of your stomack , will mix that cup with one dram weight of poison : Drink then with the patience of the saints , & the God of patience bless your Physick . I have heard your La : complain of deadness & want of the bestirring power of the life of God , but courage , he who walked in the garden & made a noise that made Adam hear his voice , will also at sometimes walk in your soul & make you hear a more sweet word : Yet ye will not alwayes hear the no●se & the din of his feet when he walketh : Ye are at such a time like Iacob mourning at the supposed death of Ioseph , when Joseph was living : The new creature , the image of the second Adam is living in you , & yet ye are mourning at the supposed death of the life of Christ in you : Ephraim is bemoaning & mourning , Ier. 31. 18. When he thinketh God is far off & heareth not , & yet God is like the Bridegroom , Cant. 2. standing onely behinde a thin wall & laying to his ear , for he saith himself , ver 18. I have surely heard Ephraim bemoaning himself . I have good confidence , Madam , that Christ Jesus whom your soul through forrests & mountains is seeking , is within you : And yet I speak not this to lay a pillow under your head , or to disswade you from an holy fear of the losse of your Christ or of provoking & stirring up the beloved before he please , by sin . I know , in spiritual confidence the Devil will come in , as in all other good works , & cry half mine , & so endeavour to bring you under a fearfull sleep , till he whom your soul loveth be departed from the door & have left off knocking & therefore , here the Spirit of God must hold your souls feet in the golden mid-line betwixt confident resting in the arms of Christ , & presumptuous and drousie sleeping in the bed of fleshly security . Therefore , worthy Lady , so count little of your self , because of your own wretchedness and sinfull drousiness , that ye count not also little of God in the course of his unchangeable mercy : For there be many Christians , most like unto young sailers , who think the shore & the whole land doeth move , when the ship & they themselves are moved ; just so , not a few doe imagine that God moveth & saileth & changeth places , because their giddy souls are under sail & subject to alteration , to ebbing & flowing ; but the foundation of the Lord abideth sure . God knoweth that ye are his own : Wrestle , fight , goe forward , watch , fear , beleeve , pray , & then ye have all the infallible symptomes of one of the elect of Christ within you . Ye have now , Madam , a sickness before you & also after that a death , gather then now food for the journey : God give you eyes to see through sickness & death , & to see something beyond death . I doubt not but if hell were betwixt you & Christ , as a river which ye behooved to cross ere ye could come at him , but ye would willingly put in your foot & make through to be at him , upon hope that he would come in himself in the deepest of the river & lend you his hand . Now I beleeve your hell is dried up & ye have onely these two shallow brooks , Sickness & Death , to pass through , & ye have also a promise that Christ shall doe more then meet you , even that he shall come himself & goe with you foot for foot , yea & bear you in his arms . O then ! O then for the joy that is set before you ! For the love of the man [ who is also God over all , blessed for ever ] that is standing upon the shore to welcome you , run your race with patience : The Lord goe with you . Your Lord will not have you nor any of his servants to exchange for the worse . Death in it self includeth both the death of the soul & the death of the body , but to God's children the bounds & the limits of death are abridged & drawn into a more narrow compass : So that when ye die , a piece of death shall onely seise upon you , or the least part of you shall die , & that is the dissolution of the body ; for in Christ ye are delivered from the second death : & therefore , as one born of God commit not sin [ although ye cannot live & not sin ] & that serpent shall but eat your earthly part ? As for your soul , it is above the law of Death : But it is fearfull & dangerous to be a debter and servant to sin , for the count of sin ye will not be able to make good before God , except Christ both count & pay for you . I trust also , Madam , that ye will be carefull to present to the Lord the present estate of this decaying Kirk : For , what shall be concluded in Parliament anent her , the Lord knoweth : sure I am , the decree of a most fearfull Parliament in heaven , is at the very point of coming forth , because of the sins of the land : For , We have cast away the law of the Lord and despised the words of the holy one of Israel , Isa. 5 , 24. Iudgement is turned away backward and justice standeth afar off , truth is fallen in the stre●ts and equity cannot enter . Lo , the prophet , as if he had seen us & our Kirk , resembleth justice to be handled as an enemy holden out at the ports of our city , so is she banished : & Truth to a person sickly & diseased , fallen down in a deadly swooning sit in the streets before he can come to an house : Isa. 59. 14. The Priests have caused many to stumble at the Law , & have corrupted the Covenant of Levi : Mal. 2. 8. But what will they doe in the end ? Ier. 5 31. Therefore give the Lord no rest for Zion . Stir up your husband , your brother , & all with whom ye are in favour and credit , to stand upon the Lord's side against Baal . I have good hope your husband loveth the peace & prosperity of Zion : The peace of God be upon him for his intended courses anent the establishment of a powerfull Ministery in this land . Thus not willing to weary your La : further , I recommend you now , & alwayes , to the grace & mercy of that God who is able to keep you that ye fall not . The Lord Jesus be with your spirit . Anwoth . July . 27. 1628. Your La : servant at all dutifull obedience in Christ , S. R. To the Parishoners of KILMACOLME . ( 2 ) Worthy & welbeloved in Christ Iesus our Lord. GRace , mercy & peace be to you : Your letters could not come to my hand in a greater throng of business then I am now pressed with at this time , when our Kirk requireth the publike help of us all ; yet I cannot but answer the heads of both your letters , with provision that ye chuse after this , a fitter time for writing . 1. I would not have you pitch upon me as the man able by lettters to answer doubts of this kinde , while there are in your bounds , men of such great parts , most able for this work : I know the best are unable , yet it pleaseth that Spirit of Jesus to blow his sweet wind through a pi●ce dry stick , that the empty reed may keep no glory to it self ; but a Minister can make no such wind as this to blow , he is scarce able to lend it a passage to blow through him . 2. Know that the wind of this Spirit hath a time when it bloweth sharp & pierceth so strongly that it would blow through an iron door , & this is commonly rather under suffering for Christ then at any other time : Sick children get of Christ's pleasant things to play them withall , because Jesus is most tender of the sufferer , for he was a sufferer himself . O if I had but the leavings & the drawing of the by-board of a sufferer's table ! But I leave this to answer yours . First , ye write that God's vows are lying on you , & security strong & ●●b to nature , stealing on you who are weak . I answer , 1. Till we be in heaven the best have heavy heads , as is evident Cant. 5. 1. Psal. 30. 6. Iob. 29. 18. Matth. 26. 33. Nature is a sluggard & loveth not the labour of religion : Therefore rest should not be taken till we know the disease be over & in the way of turning , & that it is like a fever past the cool : And the quietness & the calms of the faith of victory over corruption , would be entertained in place of security , so that if I sleep , I would desire to sleep faith's sleep in Christ's bosom . 2. Know also , none that sleep sound can seriously complain of sleepiness , sorrow for a slumbering soul , is a token of some watchfulness of spirit : But this is soon turned into wantonness , [ as grace in us too often is abused ] therefore our waking must be watched over , else sleep will even grow out of watching , & there is as much need to watch over grace , as to watch over sin : full men will soon sleep & sooner then hungry men . 3. For your weakness to keep off security , that like a thief stealeth upon you , I would say two things . 1. To want complaints of weakness , is for heaven & Angels that never sinned , not for Christians in Christ's camp on earth : I think our weakness maketh us the Church of the redeemed ones & Christ's field that the Mediator should labour in : If there were no diseases on earth , there needed no Physicians on earth : If Christ had cried down weakness , he might have cried down his own calling ; but weakness is our Mediator's world , Sin is Christ's onely , onely fa e & market ; no man should rejoyce at weakness & diseases , but I think we may have a sort of gladness at boils & sores , because without them , Christ's fingers as a slain Lord should never have touched our skin . I dare not thank my self , but I dare thank God's depth of wise Providence , that I have an errand in me , while I live , for Christ to come & visit me & bring with him his drugs & his balm . O how sweet is it , for a sinner to put his weakness in Christ's strengthning hand & to father a sick soul upon such a Physician & to lay weakness before him , to weep upon him & to plead & pray ! weakness can speak & cry when we have not a tongue . Ezek 16. 6. And when I passed by thee & saw thee polluted in thine own blood , I said unto thee when thou wast in thy blood , Live. The Kirk could not speak one word to Christ then , but blood & guiltiness out of measure , spake , & drew out of Christ pity & a word of life and love . 2. For weakness , we have it , that we may employ Christ's strength because of our weakness : Weakness is to make us the strongest things , that is , when having no strength of our own , we are carried upon Christ's shoulders & walk [ as it were ] upon his legs : If our sinfull weakness swell up to the clouds , Christ's strength will swell up to the sun and far above the heaven of heavens . 2. Ye tell me that there is need of counsel for strengthning of new beginners , I can say little to that , who am not well begun my self ; but I know , honest beginnings are nouri hed by him , even by lovely Jesus , who never yet put out a poor man's dim candle , who is wrestling betwixt light & darkness . I am sure if new beginners would urge themselves upon Christ , & press their souls upon him & importune him for a draught of his sweet love , they could not come wrong to Christ : Come once in upon the right nick & step of his lovely love , & I defie you to get free of him again : If any beginners fall off Christ again & miss him , they never lighted upon Christ as Christ ; it was but an idol , like Jesus , they took for him . 3. Whereas ye complain of a dead Ministery in your bounds , ve are to remember that the Bible among you , is the contract of Marriage , & the manner of Christ's conveying his love to your heart , is not so absolutly dependent upon , even lively preaching , as that there is no conversion at all , no life of God , but that , that is tied to a m●n's lips : The daughters of Ierusalem have done often that , which the watchmen could not doe : Make Christ your Minister , he can wooe a soul at a dike-fide in the field , he needeth not us , howbeit the flock be obliged to seek him in the shepherds tents : Hunger of Christ's making may thrive , even under stewards who minde not the feeding of the flock , O blessed soul , that can leap over a man and look above a pulpit up to Christ , who can preach home to the heart , howbeit we were all dead & rotten ! 4. So to complain of your self as to justifie God is right , and providing ye justifie his Spirit in your self ; for men seldom advocate against Satan's work & sin in themselves , but against Gods work in themselves : some of the people of God slander God's grace in their souls as some wretches use to doe , who complain & murmure of want , I have nothing [ say they ] all is gone , the ground yeeldeth but weeds & windlestraws ; when as their fa● harvest , & their money on bank maketh them liars . But for my self , alas ! I think it is not my sin , I have scarce wit to sin this fin : But I advise you to speak good of Christ , for his beauty & sweetness , & speak good of him for his grace to your selves . 5. Light remaineth , ye say , but ye cannot attain to painfulness : See if this complaint be not booked in the new Testament , & the place Rom. 7 18. Is like this , To will is present with me , but how to perform that which is good I know not . But every one hath not Paul's spirit in complaining : For osten in us , complaining is but an humble back biting & traducing of Christ's new work in the soul. But for the matter of the complaint I would say : The light of glory is perfectly obeyed in loving and praising and rejoycing & resting in a seen & known Lord ; but that light is not hereaway in any clay body , for while we are here , light i● in the most part broader & longer then our narrow & feckless obedience : But if there be light with a fair train & a great back , I mean , armies of challenging thoughts & sorrow for coming short of performance in what we know & see ought to be performed , then that sorrow for not doing is accepted of our Lord for doing : Our honest sorrow & sincere aimes , together with Christ's intercession pleading that God would welcome that which we have & forgive what we have not , must be our life , till we be over the bound-road & in the other countrey , where the law will get a perfect soul. 6. In Christ's absence there is [ as ye write ] a willingness to use means , but heaviness after the use of them , because of formal & slight performance . In Christ's absence I confess the work lieth behinde , but if ye mean absence of comfort & absence of sense of his sweet presence , I think that absence is Christ's trying of us , not simply our sin against him : Therefore howbeit our Obedience then , be not sugared and sweetned with joy [ which is the sweet meat bairns would still be at ] yet the less sense & the more willingness in obeying , the less formality in our obedience , howbeit we ●●in● not so ; for I beleeve many think obedience formal & lif les , except the wind be fair in the West , and sails filled with joy and sense , till souls like a ship fair before the wind can spread no more sail ; but I am not of their minde who think so . But if ye mean by absence of Christ , the withdrawing of his working grace , I see not how willingness to use means can be at all under such an absence : Therefore be humbled for heaviness in that obedience , & thankfull for willingness : for the Bridegroom is busking his Spouse often times while she is half sleeping , & your Lord is working & helping more then ye see . Also I recommend to you Heaviness for formality & lifeless deadness in obedience : Be casten down as much as ye will or can , for deadness , and challenge that slow & dull carcase of sin that will neither lead nor drive in your spirituall obedience . O how sweet to lovely Jesus are bills and grievances given in against corruption & the body of fin ! I would have Christ , in such a case , fashed [ if I may speak so ] & deaved with our cries , as ye see the Apostle doeth , Rom. 7 , 24. O wretched man that I am , who shall deliver me from the body of this death ! Protestations against the law of sin in you , are law-grounds why sin can have no law against you : Seek to have your Protestation discussed & judged , & then shall ye finde Christ on your side of it . 7. Ye hold that Christ must either have hearty service or no service at all : If ye mean he will not half a heart or have fained service , such as the hypocrites give him , I grant you that : Christ must have honesty or nothing : But if ye mean , he will have no service at all where the heart draweth aback in any measure , I would not that were true , for my part of heaven and all that I am worth in the world : If ye minde to walk to heaven without a cramp or a crook , I fear ye must goe your alone : He knoweth our dross & defects , & sweet Jesus pitieth us when weakness & deadness in our obedience is our cross & not our darling . 8. The liar [ as ye write ] challengeth the work as formal , yet ye bless your cautioner for the ground-work he hath laid & dare not say but ye have assurance in some measure . To this I say . 1. It shall be no fault to saye Satan's labour , & challenge it your self , or at least examine & censure ; but beware of Satan's ends in challenging , for he mindeth to put Christ & you at oddes . 2. Welcome home faith in Jesus , who washeth still when we have defiled our souls and made our selves loathsom , & seek still the blood of atonement to faults little or meekle : Know the gate to the well & lie about it . 3. Make meekle of assurance , for it keepeth your anchor fixed . 9. Out-breakings [ ye say ] discourage you , so that ye know not if ever ye shall win again to such overjoying consolations of the Spirit in this life , as formerly ye had , & therefore a question may be , If after assurance & mortification , the children of God be ordinarly fed with sense & joy ? I answer , I see no inconvenience to think , it 's enough in a race , to see the gold at the starting place ; howbeit the runners never get a view of it till they come to the rink's end , & that our wise Lord thinketh it fittest we should not alwayes be singering & playing with Christ's apples . Our Welbeloved , I know , will sport & play with his Bride , as much as he thinketh will allure her to the rink's end : Yet I judge it not unlawfull to seek renewed consolations , providing first , the heart be submissive & content , to leave the measure & t●…ing of them to him . 2. providing they be sought to excite us to praise , & strengthen our assurance , and sharpen our desires after himself . 3. Let them be sought not for our humors or swelling of nature ; but as the earnest of heaven : & I think many doe attain to greater consolations after mortification then ever they had formerly : But I know , our Lord walketh here , still by a soveraign latitude , & keepeth not the same way as to one hair-breadth without a miss , towards all his children . As for the Lord's people with you , I am not the man fit to speak to them . I rejoyce exceedingly that Christ is engaging souls amongst you : But I know in conversion all the winning is in the first buying [ as we use to say ] for many lay false & bastard foundations , & take up conversion at their foot , & get Christ for as good as half nothing , and had never a sick night for sin , & this maketh loosework : I pray you dig deep , Christ's Palace-work , & his n●w dwelling laid upon hell felt & feared , is most firm : And heaven grounded & laid upon such a hell , is surest work & will not wash away with winter-storms . It were good that Professours were not like young heirs that come to their rich estate long ere they come to their wit , and so is seen on it : the taverne & the cards and the harlots , steal their ridges from them ere ever they be aware what they are doing . I know , a Christ bought with strokes is sweetest . 2. I recommend to you conference & Prayer at Private Meetings , for warrand whereof see Isa. 2 , 3. Ier. 50 , 4 , 5. Hos. 2 , 1 2. Ezech. 8 , 20 , 21 , 22 , 23. Mal. 3 , 16. Luk. 24 , 13 , 14 , 15 , 16 , 17. Ioh. 20 , 19. Act. 12. 12. Col. 3 , 16. & 4. 6. Eph. 4 , 29. 1 Pet. 4 , 10. 1 Thess. 5 , 14. Heb. 3 , 13 , & 10 , 25. Many coals make a good fire , & this is a part of the communion of saints . I must intreat you & your Christian acquaintances in the Parish to remember me to God in your prayers , & my flock & ministry , & my transportation & removal from this place , which I fear at this assembly : And be earnest with God for our mother Kirk . For want of time I have put you all in one letter : The rich grace of our Lord Jesus Christ be with you all . Anwoth August . 5. 1639. Yours in his sweet Lord Iesus . S. R. To a Christian Gentlewoman . ( 3 ) MISTRESS . MY love in Christ remembred to you : I was indeed sorrowfull at my departure from you , especially since ye were in such heaviness after your daughters death ; yet I doe perswade my self , ye know , that the weightiest end of the cross of Christ that is laid upon you , lieth upon your strong Saviour , for Isaiah saith 62. 9. In all your afflictions ●e is afflicted : O blessed second who suffereth with you ! & glad may your soul be , even to walk in the fiery furnace with one like unto the Son of man , who is also the Son of God. Courage , up your heart , when ye doe tire he will bear both you & your burden , Psal. ●5 . 22. Yet a little while & ye shall see the salvation of God. Remember of what age your daughter was , as long was your lease of her : if she was 18 , 19 , or 20 years old , I know not , sure I am , seeing her terme was come & your lease run out , ye can no more justly quarrel your great Superior for taking his own at his just terme-day , then a poor farmer can complain , that his Master taketh a portion of his own land to himself when his lease is expired . Good Mistress , if ye would not be content that Christ would hold from you the heavenly inheritance , which is made yours by his death , shall not that same Christ think hardly of you , if ye refuse to give him your daughter willingly , who is a part of his inheritance & conquest ? I pray the Lord to give you all your own , & to grace you with patience , to give God his also : he is an ill debter who payeth that which he hath borrowed , with a grudge : indeed that long loan of such a good daughter , an heir of grace , a member of Christ [ as I beleeve ] deserveth more thanks at your Creditor's hand , then that ye should gloom & murmure when he craveth but his own : I beleeve ye would judge them to be but thankless neighbours , who would pay you a summe of money after this manner . But what , doe ye think her lost , when she is but sleeping in the bosom of the Almighty ? think her not absent who is in such a friend's house : Is she lost to you who is found to Christ ? If she were with a dear friend , although ye should never see her again , your care for her would be but small : Oh now , is she not with a dear friend , & gone higher upon a certain hope that ye shall in the Resurrection see her again , when [ be ye sure ] she shall neither be hectick nor consumed in body ! Ye would be sorry either to be , or to be esteeemed an Atheist , & yet not I , but the Apostle , 1 Thess. 4● 13. thinketh these to be hopeless Atheists who mourn excessively for the dead : but this is not a challenge on my part , I doe speak this onely fearing your weakness ; for your daughter was a part of yourself , & therefore nature in you being as it were cut & halved , will indeed be grieved , but ye have to rejoyce that when a part of you is on earth , a great part of you is glorified in heaven : Follow her , but envy her not , for indeed it is self-love in us that maketh us mourn for them that die in the Lord : Why ? because for them we cannot mourn , since they are never happy till they be dead ; therefore we mourn for our own private respect : take heed then that in shewing your affection in mourning for your daughter , ye be not out of self-affection mourning for your self . Consider what the Lord is doing in it , your daughter is plucked out of the fire & she resteth from her labours , & your Lord in that is trying you & casting you in the fire : Goe through all fires to your rest , & now remember that the eye of God is upon you , beholding your patience & faith : he delighteth to see you in the burning bush & not consumed , & he is gladly content that such a weak woman as ye , should send Satan away frustrate of his design : Now honour God & shame the strong roaring lion , when ye seem weakest : Should such a one as ye faint in the day of adversity ? Call to minde the dayes of old , the Lord yet liveth , trust in him although he should stay you : faith i● exceeding charitable & beleeveth no evil of God. Now is the Lord laying in the one scale of the ballance your making conscience of submission to his gracious will , & in the other your affection & love to your daughter , which of the two will ye then chuse to satisfie ? Be wise then , & as I trust ye love Christ better then a sinfull woman , pass by your daughter & kiss the Lord's rod. Men doe lop the branches off their trees round about , to the end they may grow up high & tall : The Lord hath this way lopped your branch , in taking from you many children , to the end ye should grow upward like one of the Lord's cedars , setting your heart above where Christ is at the right hand of the father : what is next , but that your Lord cut down the stock after he hath cutted the branches ? Prepare your self , ye are nearer your daughter this day then ye were yesterday , while ye prodigally spend time in mourning for her , ye are speedily posting after her : Run your race with patiēce : let God have his own , & ask of him in stead of your daughter which he hath taken from you , the daughter of faith , which is Patience , & in patience possess your soul. Lift up your head , ye doe not know how near your redemption doeth draw . Thus recommending you to the Lord who is able to establish you , ●●●st . Anwoth . April 23. 1628. Your loving & affects not f●… in the Lord Iesus S. R. To the elect & noble Lady my Lady Kenmure . ( 4 ) MADAM . SAluting your La : with grace & mercy from God our father & from om Lord Jesus Christ , I was sorry at my departure , leaving your La : in grief , & would still be g●…d at it , if I were not assured that ye have one with you in the ●urnace , 〈◊〉 visage is like unto the Son of God : I am glad that ye have been acquainted from your youth with the wrestlings of God , & that ye getscarce liberty to swallow down your spittle , being casten from furnace to furnace , knowing if ye were not dear to God , and if your health did not require so much of him , he would not spend so much Physick upon you . All the brethren & sisters of Christ must be conform to his image & copy in suffering . Rom , 8 , And some doe more vively resemble the copy then others : Think Madam , that it is a part of your glory to be enrolled among these , whom one of the Elders , Rev. 7 , 14. pointeth out to Iohn , th●se are they which came out of great tribulation , & have washed their robes & made them white in the blood of the Lamb. Behold your forerunner going out of the world all in a lake of blood , & it is not ill to die as he did : Fulfill with joy the remnant of the grounds & remainders of the afflictions of Christ in your body . Ye have lost a childe : Nay : She is not lost to you , who is found to Christ , she is not sent away , but onely sent before , like unto a star , which going out of our sight doeth not die & evanish , but shineth in another hemisphere : ye see her not , yet she doeth shine in another countrey : If her glass was but a short hour , what she wanteth of time , that she hath gotten of eternity : & ye have to rejoyce that ye have now some plenishing up in heaven : Build your nest upon no tree here , for ye see God hath sold the forrest to death , and every tree whereupon we would rest , is ready to be cut down , to the end we may flee & mount up & build upon the rock & dwell in the holes of the rock . What ye love besides Jesus your husband , is an adulterous lover : Now it is God's special blessing to Iudah that he will not let her finde her paths in following her strange lovers , Hos. 2 , 6. Therefore behold , I will hedge up her way with thorns , & make a wall , that she shall not finde her paths , v. 7. And she shall follow after her lovers , but she shall not overtakè them . O thrice happy Iudah , when God buildeth a double stone-wall betwixt her & the fire of hell ! The World & the things of the World , Madam , is the lover ye naturally affect beside your own husband , Christ : The hedge of thorns & the wall which God buildeth in your way , to hinder you from this lover , is the thorny hedge of daily grief , loss of children , weakness of body , iniquity of the time , uncertainty of estate , lack of worldly comfort , fear of God's anger for old unrepented of sins : What lose ye , if God twist & ●let the hedge daily thicker ? God be blessed , the Lord will not let you finde your paths : Return to your first husband : Doe not weary , neither think that Death walketh towards you with a slow pace , ye must be riper ere ye be shaken : your daves are no longer then Iob's , that were swifter then a post & passed away as the ships of desire & as the Eagle that hasteth for the prey , Iob. 9 : 25 , 26. There is less sand in your glass now , then there was yesternight , this span-length of ever-posting time , will soon be ended : But the greater is the mercy of God , the moe years ye get to advise upon what terms & upon what conditions ye cast your soul in the huge gulf of never-ending Eternity : The Lord hath told you what ye should be doing till he come , wait & hasten [ saith Peter ] for the coming of our Lord : All is night that is here , in respect of ignorance & daily ensuing troubles , one alwayes making way to another , as the ninth wave of the sea to the tenth ; therefore sigh & long for the dawning of that morning , & the breaking of that day of the coming of the Sō of man , when the shadows shall flee away : Perswade your self , the King is coming : read his letter sent before him , Rev. 3. 11. Behold , I come quickly : Wait with the wearied night-watch for the breaking of the eastern skie , & think that ye have not a morrow : As the wise father said , who being invited against to morrow to dine with his friends , answered , These many dayes I have had no morrow at all . I am loath to weary you : Shew your self a Christian by suffering without murmuring , for which sin fourteen thousand & seven hundred were slain , Numb . 16. 49. In patience possess your soul , they lose nothing who gain Christ. Thus remembring my brother's & my wife's humble service to your La : I commend you to the mercy & grace of our Lord Jesus , assuring you , that your day is coming & that God's mercy is abiding you . The Lord Jesus be with your spirit . Anwoth . Jan. 15. 1629. Yours in the Lord Iesus at all dutifull obedience , S. R. To my Lady KENMURE . ( 5. ) MADAM .. SAluting you in Jesus Christ , to my grief I must bid you [ 〈◊〉 may be ] for ever farewell in paper , having small assurance 〈◊〉 . to see your face again , till the last general Assembly , where the whole church universal shall meet : Yet promising by his grace to present your La : & your burdens to him who is able to save you & give you an inheritance with the saints , after a more special manner then ever I have done before . Ye are going to a countrey where the Sun of righteousness in the Gospel shineth not so clearly as in this Kingdom ; but if ye would know where he whom your soul loveth doeth rest & where he feedeth at the noon-tide of the day , where ever ye be , get you forth by the footsteps of the stock & feed your self beside the shepherds tents . Cant. 1 , 7. that is , ask for some of the watchmen of the Lord's city , who will tell you truly , & will not lye , where ye shall finde him whom your soul loveth . I trust ye are so betrothed in marriage to the true Christ , that ye will not give your love to any false Christ : Ye know not how soon your marriage-day will come , nay , is not Eternity hard upon you ? It were time then that ye had your wedding garment in readiness , be not sleeping at your Lord's coming : I pray God , ye may be upon your feet standing when he knocketh . Be not discouraged to goe from this countrey to another part of the Lord's earth , the earth is his & the fulness thereof , Psal. 24 , 1. This is the Lord's lower house , while we are lodged here we have no assurance to lie ever in one chamber , but must be content to remove from one corner of our Lord's nether-house to another , resting in hope , that when we come up to the Lord 's upper city , Ierusalem that is above , we shall remove no more ; because then we shall be at home . And goe wheresoever ye will , if your Lord goe with you , ye are at home , & your lodging is ever taken before night , so long as he who is Israel's dwelling house is your home , Psal. 90 , 1. Beleeve me Madam , my minde is that ye are well lodged & that in your house there are fair ease-rooms & pleasant lights , if ye can in faith lean down your head upon the breast of Jesus Christ , & till this be , ye shall never get a sound sleep : Jesus , Jesus be your shadow & your covering : It is a sweet soul-sleep to lie in the arms of Christ , for his breath is very sweet . Pray for poor friendless Zion ; Alas ! No man will speak for her now , although at home in her own countrey she hath good friends , her husband Christ , & his father , her father in law : Beseech your husband to be a friend to Zion & pray for her . I have received many & divers dashes & heavy strokes since the Lord called me to the Ministery , but indeed I esteem your departure from us amongst the weightiest : but I perceive God will have us to be deprived of whatsoever we idolize , that he may have his own room . I see exceeding small fruit of my Ministery , & would be glad to know of one soul to be my crown & rejoycing in the day of Christ. Though I spend my strength in vain , yet my labour is with my God , Isa. 49 , 9. I wish & pray that the Lord would harden my face against all , & make me to learn to goe with my face against a storm . Again I commend you , body & spirit to him who hath loved us & washed us from our sins in his own blood . Grace , grace , grace for ever be with you . Pray , pray continually . Anwoth . Sept , 14. 1629. Your La : at all dutifull obedience in Christ , S. R. To JOHN KENNEDY . ( 6. ) My loving & most affectionat brother in Christ. I Salute you with grace , mercy & peace from God our father , & from our Lord Iesus Christ. I promised to write to you , & although late enough , yet now I make it good . I heard with grief , of your great danger of perishing by the sea , but of your mercifull deliverance with joy . Sure I am , Brother , Satan will leave no stone unrolled [ as the proverb is ] to roll you off your rock , or at least to shake & unsettle you : For at that same time , the mouths of wicked men were opened in hard speeches against you by land , & the Prince of the power of the air was angry with you by sea : See then how much ye are obliged to that malitions murderer , who would beat you with two rods at one time , but blessed be God , his arm is short : If the sea & winds would have obeyed him , ye had never come to land : Thank your God who saith : Rev. 1 , 18. I have the keys of hell and of death . Deut , 32 , 39. I kill and I make alive . 1 , Sam. 2 , 6. The Lord bringeth down to the grave and bringeth up . If Satan were Iayl●ur and had the keys of Death & or the Grave , they should be stored with moe prisoners . Ye were knocking at these black gates and ye found the doors shut , and we doe all welcome you back again : I trust ye know it is not for nothing , that ye are sent to us again : The Lord knew ye had forgotten something that was necessary for your journey , that your armour was not as yet thick enough against the stroke of death : Now in the strength of Jesus , dispatch your business : that debt is not forgiven , but fristed : Death hath not bidden you fare-well , but hath onely left you for a short season : End your journey ere the night come upon you , have all in readiness against the time that ye must sail through that black & impetuous Iordan , & Jesus , Jesus who knoweth both these depths & the rocks & all the coasts , be your Pilot : That last tide will not wait for you one moment : if ye forget any thing , when your sea is full & your foot in that ship , there is no returning again to fetch it : What ye doe amiss in your life to day , ye may amend it to morrow : for as many suns as God maketh to arise upon you , ye have as many new lives : but ye can die but once , & if ye mar or spill that business , ye cannot come back to mend that piece of work again : No man sinneth twice in dying ill : As we die but once , so we die but ill or well once . Ye see now the number of your moneths is written in God's book , & as one of the Lord's hirelings , ye must work till the shadow of the evening come upon you , & ye shall run out your glass even to the last pickle of sand : fulfill your course with joy , for we take nothing to the grave with us , but a good or evil conscience . And although the skie clear after this storm , yet clouds will engender another : Ye contracted with Christ , I hope , when first ye began to follow him , that ye would bear his cross ; fulfill your part of the Contract with patience & break not to Jesus Christ : Be honest , Brother , in your bargaining with him , for who knoweth better how to bring up children then our God ? For [ to lay aside his knowledge , of the which there is no searching out ] he hath been practised in bringing up his heirs these 5000 years , & his bairns are all well brought up , & many of them are honest men now at home up in their own house in heaven , & are entred heirs to their father's inheritance : Now the form of his bringing up was by chastisements , scourging , correcting , nurturing : See if he maketh exception of any of his bairns , Rev. 3. 19. Heb. 12. 7 , 8. No : His eldest Son & his heir , Iesus , is not excepted . Heb. 2. 10. Suffer we must , ere we were born God dcreed it , & it is easier to complain of his decree then to change it . It is true , terrors of conscience cast us down , & yet without terrors of conscience we cannot be raised up again ; fears & doubtings shake us , & yet without fears & doubtings we would soon sleep and loose our grips of Christ ; tribulation & tentations will almost loose us at the root , & yet without tribulations & temptations we can now no more grow , then herbs or corn without rain . Sin & Satan & the World will say & cry in our ear that we have a hard reckoning to make in Judgement , & yet none of these three , except they lye , dare say in our face that our sin can change the Tenour of the new Covenant . Forward then , dear Brother , & lose not your grip , hold fast the Truth , for the world sell not one dram weight of God's truth , especially now whē most mē measure Truth by time , like young sea-men setting their Compass by a cloud : For now Time is father & mother to Truth in the thoughts & practices of our evil Time. The God of Truth establish us ; for Alas ! Now there are none to comfort the prisoners of hope & the mourners in Zion : We can doe little except pray & mourn for Iosep● in the stocks : And let their tongue cleave to the roof of their mouth , who forget Ierusalem now in her day : And the Lord remember Edom & render to him as he hath done to us . Now , Brother , I will not weary you , but I intreat you remember my dearest love to Mr David Dickson ; with whom I have small acquaintance , yet I bless the Lord , I know he both prayeth & doeth for our dying Kirk . Remember my dearest love to Iohn Stuart , whom I love in Christ , & show him from me , I doe alwayes remember him , & hope for a meeting : The Lord Jesus establish him more & more , though he be already a strong man in Christ. Remember my heartiest affection in Christ to ●illiam Rodger , whom I also remember to ●od : I wish the first newes I hear of him & you & all that love our common Saviour in these bounds , may be , that ye are so knit & linked & kindly fastened in love with the Son of God , that ye may say , now if we would never so fain escape out of Christ's hands , yet love hath so bound us , that we cannot get our ●ands f●ce again , he hath so ravished our hearts , that there is no loosing of his grips , the chains of his soul-ravishing love are so s●rong , that the Crave nor Death will not b●●●k them . I hope , Brother , yea I doubt not of it , but ye lay me & my first entry to the Lord's vineyard , & my flock before him who hath put me in his work , as the Lord knoweth since first I saw you , I have been mindfull of you . Marion Mcknaught doeth remember most heartily her love to you & to Iohn Stuart : Blessed be the Lord , that in God's mercy I found in this countrey such a woman , to whom Jesus is dearer then her own heart , when there be so many that cast Christ over their shoulder . Good Brother , call to minde the memory of your worthy father now asleep in Christ , & as his custom was , pray continually , & wrestle for the life of a dying breathless Kirk : And desire Iohn Stuart not to forget poor Zion , she hath ●ew friends & few to speak one good word for her . Now I commend you , your whole soul & body & spirit to Jesus Christ & his keeping , hoping ye will die & live , stand & fall , with the cause of our Master , Jesus : The Lord Jesus himself be with your spirit . Anwoth . Feb. 2. 1637. Your loving Brother in our Lord Iesus , S. R. To my Lady KENMURE . ( 7 ) MADAM . I Have longed exceedingly to hear of your life & health , & growth in the grace of God. I lacked the opportunity of a bearer , in respect I did not understand of the hasty departure of the last , by whom I might have saluted your La : & therefore I could not write before this time . I intreat you , Madam let me have two lines from you concerning your present condition : I know ye are in grief & heaviness , & if it were not so , ye might be afraid , because then your way should not be so like the way that our Lord saith , leadeth to the new Ierusalem : Sure I am , if ye knew what were before you or if ye saw but some glances of it , ye would with gladness swim through the present floods of sorrow , spreading forth your arms out of desire to be at land : If God have given you the earnest of the Spirit as part of payment of God's principal summe , ye have to rejoyce , for our Lord will not lose his earnest , neither will he goe back or repent him of the bargain . If ye finde at some time a longing to see God , joy in the assurance of that sight [ howbeit that feast be but like the Passover that cometh about onely once a year ] peace of conscience , liberty of prayer , the doors of God's treasure casten up to the soul ; & a clear sight of himself looking out & saying with a smiling countenance , Welcome in to me , afflicted soul ; this is the earnest that he giveth sometimes , & which maketh glad the heart , & is an evidence that the bargain will hold : But to the end ye may get this earnest , it were good to come oft in terms of speech with God , both in prayer & hearing of the word : For this is the house of wine , where ye meet with your Welbeloved , here it is where he kisseth you with the kisses of his mouth , and where ye feel the smell of his garments , and they have indeed a most fragrant & glorious smell : Ye must , I say , wait upon him , & be often communing with him whose lips are as lilies , dropping sweet smelling myrrhe , & by the moving thereof he will asswage your grief : for the Christ that saveth you is a speaking Christ , the Church knoweth him , Cant. 2. By his voice , & she can discern his tongue amongst a thousand : I say this to the end ye should not love th●se dumb masks of Antichristian Ceremonies , that the Church where ye are for a time , hath casten over the Christ whom your soul loveth : This is to set before you a dumb Christ : ●ut when our Lord cometh , ●e speaketh to the heart in the simplicity of the Gospel . I have neither tongue nor pen to express to you the happiness of such as are in Christ : When ye have sold all that ye have & bought the field wherein this pearl is , ye will think it no bad market , for if ye be in him , all his is yours , & ye are in him , therefore because he liveth , ye shall live also , Ioh. 14. 19. And what is that else ? But as if the Son had said , I will not have heaven except my redeemed ones be with me , they & I cannot live asunder . Abide in me & I in you , Ioh. 15. 5. O sweet communion , when Christ & we are through other , & are no longer two ! Father , I will that these whom thou hast given me , be with me where I am , to behold my glory that thou hast given me . Ioh. 17. 24. Amen ; dear Jesus , let it be according to that word . I wonder that ever your heart should be casten down , if ye beleeve this truth : & they are not worthy of Jesus Christ , who will not suffer forty years troubles for him , since they have such glorious promises : But we fools beleeve these promises as the man that read Plato's writings concerning the immortality of the soul , so long as the book was in his hand , he beleeved all was true , & that the Soul could not die ; but so soon as he laid by the book , presently he began to imagine that the Soul is but a smoke or airy vapour that perisheth with the expiring of the breath : So we at starts doe assent to the sweet & precious promises , but laying aside God's book we begin to call all in question : It is faith indeed to beleeve without a pledge & to hold the heart constant at this work , & when we doubt , to run to the Law & to the Testimony & stay there : Madam , hold you here , here is your father's Testament , read it , in it he hath left to you Remission of sins & life everlasting If all that ye have here be crosses & troubles , down-castings , frequent desertions , & departure of the Lord , who is suiting you in marriage ; courage , he who is wooer and suiter should not be an houshold-man with you , till ye and He come up to his father's house together : He purposeth to doe you good at your latter end . Deut. 8 : 16. & to give you rest from the dayes of adversity , Psal. 94 , 13. It is good to bear the yoke of God in your youth , Lam. 3 : 27. Turn in to your strong hold as a prisoner of hope , Zech. 9 , 12. For the vision is for an appointed time , but at the end it shall speak & not lye , though it tarry , wait for it , because it will surely come , it will not tarry , Hab , 2 , 3. Hear himself saying , Isa , 26 , 20. Come my people [ rejoyce , he calleth on you ] enter thou into thy chambers , & shut thy doors about thee : hide thy self as it were for a little moment , till the indignation be past . Beleeve then , beleeve & be saved : think not hard ●f ●e get not your will , nor your delights in this life ; God will have you to rejoyce in nothing but himself : God forbid that ye should rejoyce in any thing , but in the cross of Christ , Gal 4. 16. Our Church , Madam , is decaying , she is like Ephraim's cake , & gray hairs are here & there upon her , & she knoweth it not , Hos. 7 , 9. She is old & gray haired , near the grave , & no man taketh it to heart , her wine is sowre & is corrupted . Now if Phinehas wife did live , she might travel in birth & die to see the Ark of God taken & the glory departing from our Israel : The power and life of religion is away : Woe be to us , for the day goeth away , for the shadows of the evening are stretched out , Ier , 6 , 4. Madam , Zion is the ship wherein ye are carried to Canaan , if she suffer sh●p-wrack ye will be casten over-board upon death & life , to swim to land upon broken boards : It were time for us by prayer to put upon our Master-pilot Iesus , & to cry , Master save us , we perish . Grace , grace ●e with you . We would think it a blessing to our Kirk to see you here , but our sins withold good things from us . The great Messenger of the covenant preserve you in body & spirit . Anwoth . Feb. 1. 1630. Yours in the Lord , S. R. To my Lady KENMURE . ( 8 ) MADAM . GRace mercy & peace be multiplied upon you : I received your La : letter , in the which I perceive your case in this world smelleth of a fellowship & communion with the Son of God in his sufferings : Ye cannot , ye must not have a more pleasant or more easie condition here , then he had , who through afflictions was made perfect , Heb. 2 : 10 , We may indeed think , Cannot God bring us to heaven with ease & prosperity ? Who doubteth but he can ? But his infinite wisdom thinketh & decreeth the contrary , and we cannot see a reason of it , yet he hath a most just reason : We never with our eyes saw our own soul , yet we have a soul ; we see many rivers , but we know not their first spring & original fountain , yet they have a beginning . Madam , when ye are come to the other side of the water & have set down your foot on the shore of glorious Eternity , & look back again to the waters & to your wearisom journey , & shall see in that clear glass of endless glory , nearer to the bottom of God's wisdom ; ye shall then be forced to say , If God had done otherwise with me then he hath done , I had never come to the enjoying of this crown of glory . It is your part now to beleeve & suffer & hope & wait on , for I protest in the presence of that all-discerning eye , who knoweth , what I write & what I think , that I would not want the sweet experience of the consolations of God , for all the bitterness of affliction : nay , whether God come to his children with a rod or a crown , if he come himself with it , it is well : Welcome , welcome Jesus , what way soever thou come , if we can get a sight of thee : & sure I am , it is better to be sick , providing Christ come to the bed-side & draw the curtains & say , Courage , I am thy salvatiō , thē to enjoy health being lustie & strong , & never to be visited of God. Worthy & de a● Lady , in the strength of Christ , fight & overcome : Ye are now your alone , but ye may have for the seeking , three alwayes in your company , the Father , Son , & Holy Spirit : I trust they are near you . Ye are now deprived of the comfort of a lively Ministery , so was Israel in their captivity , yet hear God's promise to them , Ezek. 11 : 16. Therefore say , Thus saith the Lord God , Although I have cast them far off among the heat e● & although I have scattered them among the countreys , yet will be to them as a little Sanctuary in the countreys where they shall come : Behold a Sanctuary , for a Sanctuary , God himself in the place & room of the Temple of Ierusalem : I trust in God , carrying this Temple about with you , ye shall see Iehovah's beauty in his house . We are in great fears of a great & fearfull trial to come upon the Kirk of God ; For these who would build their houses & nests upon the ashes of mourning Ierusalem , have drawn our King upon hard & langerous conclusions against such as are termed Puritans , for the rooting of them out . Our Prelats [ the Lord take the keyes of his house from these bastard-porters ] assure us , that for such as will not confor● , there is nothing but Imprisonment & Deprivation● The Spouse of Jesus will ever be in the fire , but I trust in my God , she shall not consume , because of the good-will of him who dwelleth in the bu●h for he dwelleth in it with good will. All sort of crying sins without controlment abound in our Land 〈◊〉 the glory of the Lord is departing from Israel , & the Lord is looking back over his shoulder , to see if any will say , Lord tarry , & no man requesteth him to stay . Corrupt & false doctrine is openly preached by the Idol-shepherds of the Land. For myself , I have daily griefs through the disobedience unto , & contempt of the word of God. I was summoned before the High Commission by a profligate person in this Parish , convicted of incest : in the business Mr Alexander Colvill [ for respect to your La : ] was my great friend , & wrote a most kinde letter to me : The Lord give him mercy in that day . Upon the day of my compearance , the sea & winds refused to give passage to the Bishop of St Andrews . I intreat you La : thank Mr Alexander Colvill with two lines of a letter . My wife now after long disease & torment , for the space of a year & moneth , is departed this life : the Lord hath done it , blessed be his name . I have been diseased of a fever tertian for the space of thirteen weeks , & am yet in that sickness , so that I preach but once on the sabbath with great difficulty : I am not able either to visite or examine the Congregation . The Lord Jesus be with your spirit . Anwoth . 26. June . 1630. Your La : at all obedience , S. R. To my Lady KENMURE ( 9. ) MADAM . HAving saluted you in the Lord Jesus , I thought it my duty , having the occasion of this bearer , to write again unto your La : though I have no new purpose but what I wrote of before : Yet ye cannot be too often awakned to go forward towards your city , since your way is long , and [ for any thing ye know ] your day is short ; & your Lord requireth of you as ye advance in years , & steal forward insensibly towards eternity , that your saith may grow and ripen for the Lords harvest , for the great husband-man giveth a season to his fruits that they may come to maturitie , & having gotten their fill of the tree , they may then be shaken & gathered in for his use ; whereas the wicked rot upon the tree , & their branch shall not be green . Job . 15. 32. 33. He shall shake off his unripe grapes as the vine , and shall cast oft his flower as the olive . It is God's mercy to you , ●adam , that 〈◊〉 giveth you your fill , even to loathing , of this bitter world , that ye may willingly leave it , & like a full and satisfied banquetter , long for the drawing of the table ; and at last having trampled under your feet , all the ●otten pleasure that are under un & Moon ; and having rejoyced as though ye rejoyced not , and having bought as though ye possessed not , 1 Cor. 7. 30. Ye may like an old crazie ship , arrive at your Lord's harbour , & be made welcome , as one of these who have ever had one foot loose from this earth , longing for that place where your soul shall feast & banquet for ever & ever , upon a gloriou● sight of the incomprehensible Trinity , & where ye shall see the fair face of the man Christ ; even the beautifull face that was once for your cause more marred then any of the visages of the sons of men . Isa : 52 , 14. And was all covered with spitting & blood : Be content to wade through the waters betwixt you & glory with Him , holding his hand fast , for he knoweth all the foords : Howbeit ye may be duckt , yet ye cannot drown , being in his company : & ye may all the way to glory , see the way bedewed with his blood who is the fore-runner : be not afraid therefore , when ye come even to the black & swelling river of death , to put in your foot & wade after him ; the current how strong soever cannot carry you down the water to Hell , the Son of God , his death & resurrection are stepping-stones & a stay to you : set down your feet by faith upon these stones , & goe through as on dry land : If ye knew what he is preparing for you , ye would be too glad ; he will not [ it may be ] give you a full-draught , till ye come up to the well-head , and drink , yea drink abundantly of the pure river of the water of Life , that proceedeth out from the Throne of God and from the Lamb. Rev. 22 , 1. Madam , ●tire not , weary not , I dare finde you the Son of God caution when ye are got up thither , and have casten your eyes to view the golden city and the fair & never-withering tree of Life , that beareth twelve manner of fruits every moneth , ye shall then say , four and twenty hours abode in that place is worth threescore & ten years sorrow upon earth . If ye can but say , ye long earnestly to be carried up thither [ as I hope you cannot for shame deny him the honour of having wrought that desire in your soul ] then hath your Lord given you earnest : And , Madam , doe ye beleeve that our Lord will lose his earnest , & rue of the bargain , & change his minde , as if he were a man that can lye , or the son of man that can repent ? Nay , he is unchangeable , & the same this year that he was the former year : And his Son Jesus , who upon earth eat & drank with publicans & sinners , & spake & conferred with whores & harlots , & put up his holy hand and touched the lepers filthy skin , & came evermore nigh sinners ; even now in glory , is yet that same Lord : His honour & his great court in leaven hath not made him forget his poor friends on earth : In him , honours change not manners , and he doeth yet desire your company : Take him for the old Christ , and claim still kindness to him , and say , Oh it is so , He is not changed , but I am changed : Nay , it is a part of his unchangeable love , and an article of the new covenant to keep you that ye cannot dispon him , nor sell him : He hath not played fast and loose with us in the Covenant of Grace , so , that we may run from him at our pleasure : His love hath made the bargain surer then so ; for Jesus , as the cautioner is bound for us , Heb , 7 , 22. And it cannot stand with his honour to die in the burrows [ as we use to say ] and lose these whom he must render again to the father , when he shall give up the Kingdom to him : Consent and say Am●… to the promises , and ye have sealed That God is tru●… and Christ is yours : This is an easie market : Ye but look on with faith ; for Christ suffered all and paid all . Madam , fearing I be tedious , to your La : I must stop here , desiring alwayes to hear that your La : is well , and that ye have still your face up the mountain . Pray for us , Madam , and for Zion whereof ye are apart : We expect a trial : God's wheat in this land must goe through Satan's sieve , but their faith shall not fail . I am still wrestling in our Lord's work , and have been tried and tempted with brethren who look awry to the Gospel . Now he that is able to keep you untill that day , preserve your soul , body & spirit , & present you before his face with his own Bride , spotless & blamless . Anwoth . Nov. 26. 1631. Your La to be commanded alwayes in the Lord Iesus . S R. To my Lady KENMURE . ( 10. ) MADAM . I Am grieved exceedingly that your La : should think , or have cause to think that such as love you in God , in this countrey , are forgetfull of you : For my self , Madam , I ow to your La ; all evidences of my high respect ( in the sight of my Lord , whose truth I preach , I am bold to say it ) for his rich grace in you : My Communion put off till the end of a longsom & rainny harvest & the Presbyteriall exercise [ as the bearer can inform your La : ] hindered me to see you : And for my people's sake [ finding them like hot iron , that cooleth being out of the fire , and that is pliable to no work ] I doe not stir abroad , neither have I left them at all since your La : was in this countrey , save at one time onely , about two years agoe ; yet I dare not say but it is a fault , howbeit no defect in my affection : and I trust to make it up again , so soon as possibly I am able , to wait upon you . Madam , I have no new purpose to write unto you , but of that which I think , nay , which our Lord thinketh needfull , that one thing , Marie's good part , which ye have chosen , Luk : 10 , 42. Madam , all that God hath , both himself and the creatures , he is dealing and parting amongst the sons of Adam : There are none so poor as that they can say in his face , He hath given them nothing ; But thereis no small ods betwixt the gifts given to lawfull bairns and to bastards : And the more greedy ye are in suiting , the more willing he is to give , delighting to be called open handed : I hope your La : laboureth to get assurance of the surest patrimony , even God himself ; ye will finde in Christianity , that God aimeth in all his dealings with his children , to bring them to a high contempt , of and deadly feud with the world , and to set an high price upon Christ , & to think him one who cannot be bought for gold , & well-worthy the fighting for : And for no other cause , Madam , doeth the Lord withdraw from you the childish toyes & the earthly delights that he giveth unto others ; but that he may have you wholly to himself : Think therefore of the Lord , as of one who cometh to wooe you in marriage , when ye are in the furnace ; He seeketh his answer of you in affliction , to see if ye will say even so I take him : Madam , give him this answer pleasantly , & in your minde doe not secretly grudge nor murmure : When he is striking you in love , beware to st●…e again : That is dangerous , for these who strike again , shall get the last blow : If I hit not upon the right string , it is because I am not acquainted with your La : present condition ; But I beleeve your La : goeth on foot laughing & putting on a good countenance before the world , & yet ye carry heaviness about with you : Ye doe well , Madam , not to make them witnesses of your grief who cannot be curer● of it : But be exceeding charitable of your dear Lord : As there be some friends worldly of whom ye will not entertain an ill thought , far more ought ye to beleeve good evermore of your dear friend , that lovely fair person Iesus Christ. The thorn is one of the most cursed & angry & crabbed weeds , that the earth yeeldeth , & yet out of it springeth the Rose , one of the sweetest smelled flowers & most delightfull to the eye , that the earth hath : Your Lord shall make joy & gladness out of your afflictions , for all his roses have a fragrant smell : wait for the time when his own holy hand shall hold them to your nose , & if ye would have present comfort under the cross , be much in prayer , for at that time your faith kisseth Christ & he kisseth the soul , & O if the breath of his holy mouth be sweet ! I dare be caution , out of some small experience , that ye shall not be beguiled ; for the world [ yea , not a few number of God's children ] know not well what that is , which they call a Godhead : But Madam , come near to the Godhead & look down to the bottom of the well , there is much in him , & sweet were that death to drown in such a well : Your grief taketh liberty to work upon your minde , when ye are not busied in the meditation of the eveedelighting & all-blessed Godhead . If ye would lay the price ye give out [ which is but some few years pain & trouble ] beside the commodities ye are to receive , ye would see they are not worthy to be laid in the ballance together ; but it is Nature that maketh you look what ye give out , & weakness of Faith that hindereth you to see what ye shall take in . Amend your hope & frist your faithfull Lord a while , he maketh himself your debter in the new Covenant , he is honest , take his word , Na●um . 1. 9. Affliction ●hail not spr●…g up the second time . Rev. 21. 7 He that overcometh shall inherit all things . Of all thing . then which ye want in this life , Madam , I am able to say nothing , if that be not beleeved which ye have , Rev. 2 , 7. & Rev. 3. 5. the overcomer shall be clothed in white raiment , &c. & ver : 8. 〈…〉 the overcomer I will give to sit ●ite me 〈◊〉 my throne 〈◊〉 I overcame & am set down with my father in his throne . Consider , Madam , if ye are not high up now , & far ben in the palace of our Lord , when ye are upon a throne in white raiment at lovely Christ's elbow . O th ice fools are we , who like new born Princes weeping in the cradle , know not that there is a Kingdom before them ! Then let our Lord 's sweet hand square us and hammer us , & strike off the knots of pride , self-love , & world-worship & infidelity , that he may make us stones and pillars in his father's house . Rev. 3 , 12. Madam , what think ye to take binding with the fair corner-stone Iesus ? The Lord give you wisdom to beleeve & hope , your day is coming : I hope to be a witness of your joy , as I have been a hearer & beholder of your grief . Think ye much to follow the heir of the crown , who had experience of sorrows & was acquainted with grief , Isa 53. It were pride to aime to be above the King's son : It is more then we deserve that we are equals in glory , in a manner . Now commending you to the dearest grace & mercy of God , I rest . Anwoth . Jan. 4. 1632. Your La : at all obedience in Christ , S. R. To my Lady KENMURE . ( 11 ) MADAM . UNderstanding , a little after the writing of my last letter , of the going of this bearer , I would not omit the oppornity of remembring your La : still harping upon that string , which in our whole life-time is never too often touched upon , nor is our lesson well enough learned , that there is a necessity of advancing in the way to the Kingdom of God , of the contempt of the world , of denying our self & bearing of our Lord's cross , which is no less needfull for us then daily food : & among many marks that we are on this journey & under sail toward heaven , this is one , when the love of God so filleth our hearts , that we forget to love & care too much for the having or wanting of other things , as one extreme heat burneth out another . By this , Madam , ye know ye have betrothed your soul in marriage to Christ , when ye doe make but small reckoning of all other suiters or wooers , & when ye can [ having little in hand , but much in hope ] live as a young heir , during the time of his non-age & Minority , being content to be as hardly handled & under as precise a reckoning , as servants , because his hope is upon the inheritance : For this cause God's bairns take well with spoiling of their goods ; Heb. 10. 34. knowing in themselves that they have in heaven a better , & an enduring substance . That day that the earth & the works therein shall be burnt with fire , 2 Pet. 3. 10. your hidden hope & your hidden life shall appear : & therefore since ye have not now many years to your endless eternity , & know not how soon the skie above your head will rive , & the Son of man will be seen in the clouds of heaven , what better & wiser course can ye take then to think that your one foot is here & your other foot in the life so come , & to leave off loving , desiring , or grieving for the wants that shall be made up when your Lord & ye shall meet , & when ye shall give in your bill , that day , of all your wants here ? If your losses be not made up , ye have place to challenge the Almighty , but it shall not be so , Ye shall then rejoyce with joy unspeakable & full of glory , & your joy shall none take from you . Ioh. 16 , 22. It is enough that the Lord hath promised you great things , onely let the time of bestowing them be in his own carving : It is not for us to set an hou●-glass to the creator of time , since he & we differ onely in the t●…e of payment : Since he hath promised payment & we beleeve it , it is no great matter , we will put that in his own will , as the frank buyer who cometh near to what the seller seeketh , useth at last to refer the difference to his will & so cutteth off the course of mutuall prigging . Madam , doe not prigge wish your frank-hearted & gracious Lord about the time of the fulfilling of your joyes , it will be , God hath said it , bide his harvest , wait on upon his Whitsorday : His day is better then your day , he putteth not the hook in the corn till it be ripe & full-eared : The great Angel of the covenant bear you company , till the trumpet shall sound & the voice of the Archangel awaken the dead . Ye shall finde it your onely happiness under whatever thing disturbeth & ●●●sseth the peace of your minde in this life , to love nothing for it self , but onely God for himself : It is the crcoked love of some harlots , that they love bracelets , ear-rings , & rings better then the lover that sendeth them : God will not be so loved , for that were to behave as harlots & not as the chaste Spouse , to abate from our love whē these things are pulled away : Cur love to him should begin on earth as it shall be in heaven , for the Bride taketh not by a thousand degrees so much delight in her wedding garment , as she doeth in her Bridegroom ; so we in the life to come , howbeit clothed with glory as with a robe , shall not be so much affected with the glory that goeth about us , as with the Bridegroom 's joyfull face & presence . Madam , if ye can win to the here , the field is won ; & your minde , for anything ye want or for any thing your Lord can take from you , shall soon be calmed & quieted : Get himself as a pawne & keep him , till your dear Lord come & loose the pawne , & ●ue upon you & give you all again , that he took from you , even a thousand talents for o●e penny : It is not ill to lend God willingly , who otherwise both will & may take from you against your will : It is good to play the ●surer with him , & take in , in stead of ten of the hundred , an hundred often , an hundred of one . Madam , fearing to be tedious to you , I break off here , commending you [ as I trust to doe , while I live ] your person , wayes , burdens & all that concerneth you , to that Almighty who is able to bear you & your burdens : I still remember you to him who will cause you one , day to laugh . I expect that what ever ye can doe by word or deed , for the Lord 's friendless Zion , ye will doe it : She is your mother , forget her not , for the Lord intendeth to melt & try this land , & it is high time we were all upon our feet , & falling about to try what claim we have to Christ : It is like the the Bridegroom will be taken from us & then we shall mourn : Dear Iesus , remove not , else take us with thee ! Grace , grace be with you for ever . Anwoth , 14. Jan. 1632. Your La : at all dutifull obedience , S. R. To my Lady KENMURE . ( 12 ) MADAM . YOur La : will not [ I know ] weary nor offend , though I trouble you with many letters ; the memory of what obligations I am under to your La : is the cause of it . I am possibly impertinent in what I write , because of my ignorance of your present estate : But for all that is said , I have learned of M : W. D. that ye have not changed upon , nor wearied of your sweet Master , Christ , & his service ; neither were it your part to change upon him , who resteth in his love . Ye are among honourable company & such as affect grandour & court . But , Madam , thinking upon your estate , I think I see an improvident wooer coming too late to seek a Bride , because she is contracted already & promised away to another , & so the wooer's busking & bravery [ who cometh to you as who but he ] is in vain : the outward pomp of this busie wooer , a beguiling world , is now coming in to sute your soul too late , when ye have promised away your soul to Christ many years agoe : And I know , Madam , what answer ye may now justly make to the late suter , even this , Ye are to long of coming : my soul , the Bride , is away already , & the contract with Christ subscribed , & I cannot cause , but I must be honest & faithfull to him . Honourable-Lady , keep your first love , & hold the first match with that soul-delighting lovely Bridegroom , our sweet , sweet Jesus , fairer then all the children of men , the Rose of Sharon , & the fairest & sweetest smelled Rose in all his father's garden , there is none like him : I would not exchange one smile of his lovely face , with Kingdoms . Madam , let others take their silly feckless heaven in this life , envy them not , but let your soul , like a tarrowing & misiearned childe take the dorts [ as we use to speak ] or cast at all things & disdain them , except one onely , either Christ or nothing : your welbeloved , Jesus , will be content that ye be here devotely proud & ill to please , as one that contemneth all husbands but himself : Either the King's son or no husband at all , this is humble & worthy ambition : What have ye to doe to dally with a whorish & foolish world ? Your jealous husband will not be content that ye look by him to another , he will be jealous indeed & offend , if ye kiss another but himself . What weights doe burden you , Madam , I know not ; but think it great mercy that your Lord from your youth hath been hedging in your out-straying affections , that they may not goe a whoring from himself : If ye were his bastard , he would not nurture you so : If ye were for the slaughter , ye would be fatned : But be content , ye are his wheat growing in our Lord's field , Matth. 13 : v. 25 , 38. And if wheat , ye must goe under our Lord's threshing instrument in his barn-●oor & through his sieve , Amos 9 : v. 9. And through his mill to be bruised , as the Prince of your salvation , Iesus , was , Isa. 53 : 9. that ye may be found good bread in your Lord's house . Lord Jesus , bless the spiritual husbandry , & separate you from the chaff that dow not bide the wind . I am perswaded your glass is spending it self by little & little , & if ye knew who is before you , ye would rejoyce in your tribulations : Think ye it a small honour to stand before the throne of God and the Lamb , & to be clothed in white , & to be called to the Marriage-supper of the Lamb , & to be led to the fountain of living waters & to come to the well-head , even God himself , & get your fill of the clear , cold , sweet , refreshing water of life , the King 's own well , & to put up your now sinfull hand to the tree of life , & take down & eat the sweetest apple in all God's heavenly Paradise , Jesus Christ , your life & your Lord ? Up your heart . shout for joy , your King is coming to fetch you to his father's house . Madam , I am in exceeding great heaviness , God thinking it best for my own soul thus to exercise me , thereby ( it may be ) to fit me to be his mouth to others : I see & hear , at home & abroad , nothing but matter of grief & discouragement , which indeed maketh my life bitter : And I hope in God never to get my will in this world , & I expect ere long a fiery trial upon the Church , for as many men almost in England & Scotland , as many false friends to Christ , & as many pulling and drawing , to pull the crown off his holy head , & for fear that our Beloved stay amongst us [ as if his room were more desirable then himself ] men are bidding him goe seek his lodging . Madam , if ye have a part in silly friendless Zion [ as I know ye have ] speak a word on her behalf to God & man : If ye can doe nothing else , speak for Jesus , & ye shall thereby be a witness against this declining age . Now from my very soul , laying & leaving you on the Lord , & desiring a part in your prayers [ as my Lord knoweth , I remember you ] I deliver over your body , spirit & all your necessities to the hands of our Lord , & remains for ever . Answeth . Febr. 13. 1632. Your La. in your sweet Lord Iesus & mine . S. R. To my Lady KENMURE . ( 14 ) MADAM . THe cause of my not writing to your La : is not my forgetfulness of you , but the want of the opportunity of a convenient bearer , for I am under more then a simple obligation to be kinde [ in paper , at least ] to your La : I bless our Lord through Christ , who hath brought you home again to your countrey from that place where ye have seen with your eyes that which our Lord's truth taught you before , to wit , that worldly glory is nothing but a vapour , a shadow , the foam of the water , or something less & lighter , even nothing , & that our Lord hath not without cause said in his word , 1 Cor. 7. 31. The countenance or fashion of this world passeth away : In which place our Lord compareth it to an Image in a looking-glass , for it is the looking-glass of Adam's sons : Some come to the glass & see in it the picture of Honour and but a picture indeed , for true Honour is to be great in the sight of God ; & others see in it the shadow of Riches , & but a shadow indeed , for durable Riches stand as one of the maids of Wisdom upon her left hand , Prov. 3. 16. & a third sort see in it the face of painted Pleasures , & the beholders will not beleeve but the Image they see in this glass is a living man , till the Lord come & break the glass in pieces & remove the face , & then , like Pharaoh awakened , they say , And behold it was a dream . I know your La : thinketh your self little in the common of this world , for the favourable aspect of any of these three painted faces , & blessed be our Lord that it is so , the better for you : Madam , they are not worthy to be wooers to sute in marriage your soul , that looks to an higher match then to be married upon painted clay : know therefore , Madam , the place whither our Lord Jesus cometh to wooe a Bride , it is even in the furnace : for if ye be one of Zion's daughters ( which I ever put beyond all question , since I first had occasion to see in your La : such pregnant evidences of the grace of God ) the Lord who hath his fire in Zion & his furnace in Ierusalem , Isa. 31 : 9. is purifying you in the furnace . And therefore be content to live in it , and every day to be adding & sowing-to a pasment to your wedding garment , that ye may be at last decored & trimmed as a Bride for Christ , a Bride of his own busking , beautified in the hidden man of the heart , forgetting your Father's house , so shall the King greatly desire your beauty , Psal. 45 : 11. If your La : be not changed ( as I hope ye are not ) I beleeve ye esteem your self to be of these whom God hath tried these many years & refined as silver . But , Madam , I will shew your La : a priviledge that others want & ye have in this case : Such as are in prosperity & are fatted with earthly joyes , & encreased with children & friends , though the Word of God is indeed written to such for their instruction , yet to you [ who are in trouble ] spare me , Madam , to say this [ from whom the Lord hath taken many children , & whom he hath exercised otherwise ] there are some chapters , some particular promises in the Word of God , made , in a most special manner , which should never have been yours so , as they now are , if ye had your portion in this life as others : & therefore , all the comforts , promises & mercies God offereth to the afflicted , they are as many love-letters written to you ; take them to you , Madam , & claim your right & be not robbed : It is no small comfort that God hath written some Scriptures to you , which he hath not written to others , ye seem rather in this to be envied then pitied , & ye are indeed in this , like people of another world & these that are above the ordinary rank of mankinde , whom our King & Lord , our Bridegroom Iesus , in his love-letter to his welbeloved Spouse , hath named beside all the rest , & hath written comforts and his hearry commendations , in the 56 of I saiah , vers 4 , 5. Bsal. 147 , 2 , 3 , to you : Read these & the like , & think your God is like a friend that sendeth a letter to a whole house & family , but speaketh in his letter to some by name that are dearest to him in the house : Ye are then , Madam , of the dearest friends of the Bridegroom : If it were lawfull , I would envie you , that God honoured you so above many of his dear children . Therefore , Madam , your partis , in this case [ seeing God taketh nothing from you , but that which he is to supply with his own presence ] to desire your Lord to know his own room , & take it even upon him to come in , in the room of dead children , Iehovah know thy own place & take it to thee , is all ye have to say : Madam , I perswade my self , that this world is to you an uncouth Innes , & that ye are like a traveller who hath his bundel upon his back & his staff in his hand & his feet upon the door-threshold : Goe forward , honourable & elect Lady , in the strength of your Lord [ let the world bide at home & keep the house ] with your face toward him who longeth more for a sight of you , then ye can doe for him : ere it be long he will see us : I hope to see you laugh as cheerfully after-noon , as ye have mourned before-noon : The hand of the Lord , the hand of the Lord be with you in your journey : What have ye to doe here ? This is not your mountain of rest , arise then and set your foot up the mountain , goe up out of the wilderness leaning upon the shoulder of your Beloved , Caent , 8 , v. 5 , If ye knew the welcome that abideth you when ye come home , ye would hasten your pace , for ye shall see your Lord put up his own holy hand to your face & wipe all tears from your eyes , & I trow , then ye shall have some joy of heart . Madam , paper willeth me to end before affection : Remember the estate of Zaon , pray that Ierusalem may be as Zechariah prophesied , Ch. 12 : 3. A burdensom stone for all , that whosoever boweth down to roll the stone out of the way , may hurt & break the joynts of their back & strain their arms & disjoynt their shoulder-blades , & pray Iehovah that the stone may lie still in it's own place & keep bond with the corner-stone , I hope it shall be so , he is a skilled Master-builder who laid it . I would , Madam , under great heaviness be refreshed with two lines from your La : pen , which I refer to your own wisdom . Madam , I would seen undutifull not to shew you that great solistation is made by the town of Kircudbright for to have the use of my poor labours amongst them : If the Lord shall call & his people cry , who am I to resist ? but without his seen calling & till the flock whom I now oversee , be planted with one to whom I dare intrust Christ's Spouse , gold nor silver nor favour of men , I hope , shall not loose me . I leave your La : praying more earnestly for grace & mercy to be with you & multiplied upon you here & hereafter , then my pen can express . The Lord Jesus be with your spirit . Kirkcudbright . Your La at all obedience in the Lord , S. R. To my Lady KENMURE . ( 15. ) MADAM . HAving saluted you with grace & mercy from God our father & from our Lord Jesus Christ , I long both to see your La : & to hear how it goeth with you ; I doe remember you , & present you & your necessities to him who is able to keep you & present you blameless before his face with joy : & my prayer to our Lord is that ye may be sick of love for him who died of love for you , I mean , your Saviour Jesus : And O sweet were that sickness to be soul-sick for him ! And a living death it were , to die in the fire of the love of that soul-lover , Iesus ! And Madam , if ye love him ye will keep his commandements , & this is not one of the least , to lay your neck cheerfully & willingly under the yoke of Jesus Christ : For I trust your La : did first contract and bargain with the Son of God to follow him upon these terms , that by his grace ye should endure hardship & suffer affliction as the souldier of Christ : They are not worthy of Jesus who will not take a blow for their Master's sake : For our glorious peace-maker , when he came to make up the friendship betwixt God & us , God bruised him & strooke him , the sinfull world also did beat him and crucifie him ; yet he took buffets of both the parties , and honour to our Lord Jesus , he would not leave the field for all that , till he had made peace betwixt the parties . I perswade ●y self , your sufferings are but like your Saviour's [ yea incomparably less & lighter ] which are called but a bruising of his ●eel . Gen. 3. 15 , a wound far from the heart : Your life is hid with Christ in God , Col. 3. 3. And therefore ye cannot be robbed of it . Our Lord handleth us as fathers doe their young children ; they lay up jewels in a place above the reach of the short arm of bairns , else ●ai●ns would put up their hands & take them down & lose them soon : So hath our Lord done with our spiritual life , Jesus Christ is the high coffer in the which our Lord hath hid our life , we children are not able to reach up our arm so high as to take down that life & lose it , it is in our Christ's hand : O , long , long may Jesus be Lord-keeper of our life ! & happy are they that can with the Apostle , 2 Tim. 1. lay their soul in pawne in the hand of Jesus , for he is able to keep that which is committed in pawne to him against that day . Then , Madam , so long as this life is not hurt , all ether troubles are but touches in the heel : I trust ye will soon be cured . Ye know , Madam , Kings have some servants in their court that receive not present wages in their hand , but live upon their hopes : The King of Kings also hath servants in his court that for the present get little or nothing but the heavie cross of Christ , troubles without & terrours within , but they live upon hope , when it cometh to the parting of the inheritance , they remain in the house as heirs : It is better to be so , then to get present payment & a portion in this life , an inheritance in this world [ God forgive me that I should honour it with the name of an inheritance , it is rather a farme-room ] & then in the end to be casten out of God's house with this word , Ye have received your consolation , ye will get no more : Alas ! What get they ? The rich glutton's heaven : Oh but our Lord , Luk. 16. maketh it a sillie heaven ! He fared well [ saith our Lord ] & delicately every day : Oh no more ! A sillie heaven ! Truly no more , except that he was clothed in purple , & that is all : I perswade my self . Madam , ye have joy when ye think that your Lord hath dealt more graciously with your soul. Ye have gotten little in this life : It is true indeed : Ye have then the more to crave , yea ye have all to crave : For except some tastings of the first fruits & some kisses of his mouth whom your soul loveth , ye get no more : But I cannot tell you what is to come ; yet I may speak as our Lord doeth of it : The foundation of the city is pure gold , clear as crystall , the twelve ports are set with precious stones : If orchards & rivers commend a soil upon earth , there is a Paradise there , wherein groweth the tree of life that beareth twelve manner of fruits every moneth , which is seven score & four harvests in the year , & there is there , a pure river of water of life proceeding out of the throne of God & of the Lamb , & the city hath no need of the light of the sun or moon or of a candle , for the Lord God Almighty & the Lamb is the light thereof . Madam , beleeve and hope for this , till ye see & enjoy : Jesus is saying in the Gospel , Come & see ; & he is come down in the chariot of Truth wherein he rideth through the world to conquer mens souls , Psal. 45. 4. & is now in the word saying , Who will goe with me ? will ye goe ? my Father will make you welcome & give you house-room , for in my Father's house are many dwelling places : Madam , consent to goe with him . Thus I rest , commending you to God's dearest mercy . Anwoth . Yours in the Lord Iesus , S. R. To my Lady KENMURE . ( 16. ) MADAM . I Am afraid now [ as many others are ] that at the sitting down of our Parliament , our Lord Jesus his Spouse shall be roughly handled : And it must be so , since false & deelining Scotland , whom our Lord took off the dunghill & out of hell , & made a fair Bride to himself , hath broken her faith to her sweet husband , & hath put on the forehead of a whore ; & therefore he saith he will remove : would God we could stir up our selves to lay hold upon him , who being highly provoked with the handling he hath met with , is ready to depart ! Alas , we doe not importune him by prayer & supplication , to abide amongst us● If we could but we●p upon ●●m & in the holy pertinacy of faith , wrestle wit●… & say We will not let thee goe , it may be that then , he who is easy to be intreated would yet , notwithstanding of our high provocations , condescend to stay & feed among the lilies , till that fair & desirable day break and the shadows fl●e away . Ah! What cause of mourning is there ? When our gold is become dim , & the visage of our Nazarites sometimes whiter then snow , is now become blacker then a coal , & Levi's house , once comparable to fine gold , is now changed , & become like vessels in whom he hath no pleasure . Madam , think upon this , that when our Lord who hath his handkerchief to wipe the face of the mourners in Zion , shall come to wipe away all tears frō their eyes , he may wipe yours also in the passing amongst others . I am confident , Madam , that our Lord will yet build a new house to himself , of our rejected and scattered stones : for our bridegroom cannot want a wife : Can he live a widow ? Nay , he will embrace both Us the little young sister , & the elder sister The church of the Iews , & there will yet be a day of it ; & therefore we have cause to rejoyce , yea to sing & shout for joy . The Church hath been ●nce the world began , ever hanging by a small threed , & all the hands of hell & of the wicked have been drawing at the threed , but God be thanked they onely break their arms by pulling , but the threed is not broken , for the sweet fingers of Christ our Lord have spun and twisted it : Lord hold the threed whole ! Madam , stir up your husband to lay hold upon the Covenant , & to doe good : What hath he to doe with the World ? It is not his inheritance : Desire him to make him home over , & put to his hand to lay one stone or two upon the wall of God's house before he goe hence . I have heard also , Madam , that your childe is removed : But to have or want is best as he pleaseth : Whether she be with you or in God's keeping , think it all one ; nay think it the better of the two by far , that she is with him . I trust in our Lord that there is something laid up and kept for you ; for our kinde Lord who hath wounded you , will not be so cruel as not to allay the pain of your green wound ; & therefore claim Christ still as your own , & own him as your One thing . So resting I recommend your La : your soul & spirit in pawne to him who keepeth all his father's pawnes , & will make an account of them faithfully , even to that fairest amongst the sons of men , our sweet Lord Jesus , the fairest , the sweetest , the most delicious rose in all his father's great field : The smell of that rose perfume your soul. Anwoth . April . 1. 1633. Your La : in his sweetest Lord Iesus , S. R. To my Lady KENMURE . ( 17 ) MADAM . I Determined & was desirous also to have seen your La : but because of a pain in my arm I could not : I know ye will not impute it to any unsutable forgetfulness of your La : from whom at my first entry to my calling in this countrey , & since also , I received such comfort in my affliction , as I trust in God , never to forget it , & shall labour by his grace to recompense it the onely way possible to me , & that is , by presenting your soul , person , house & all your necessities , in prayer , to him ( whose I hope ye are , & ) who is able to keep you till that day of appearance , & to present you before his face with joy . I am confident your La : is going forward in the begun journey to your Lord & father's home & Kingdom ; howbeit ye want not temptations within & without : And who among the saints hath ever taken that castle without stroke of sword ? The chief of the house , our elder brother our Lord Iesus , not being excepted , who won his own house & home , due to him by birth , with much blood & many blowes . Your La : hath the more need to look to your self , because our Lord hath placed you higher then the rest , and your way to heaven lieth through a more wilde and waste wilderness then the way of many of your fellow-travellers , not onely through the midst of this wood of thorns The cumbersom world , but also through these dangerous paths The vain glory of it : The consideration whereof hath often moved me to pity your soul , & the soul of your worthy & noble husband : And it is more to you to win heaven , being ships of greater burden , and in the main sea , then for little vessels that are not so much in the mercy and reverence of the storms , because they may come quietly to their port by lanching alongst the coast : For the which cause ye doe much , if in the midst of such a tumult of business , & croud of temptations , ye shall give Christ Jesus his own court & his own due place in your soul. I know & am perswaded that , that lovely one Iesus is dearer to you then many Kingdome , and that ye esteem him your welbeloved and the standard-bearer among ten thousand Cant. 5 , 10 , And it becometh him full well to take the place and the board-head in your soul , before all the world : I knew , & saw him with you in the furnace of affliction ; for there he wooed you to himself , & chose you to be his , & now he craveth no other hire of you but your Love , & that he get no cause to be jealous of you : And therefore , Dear & Worthy Lady , be like to the fresh river , that keepeth it's own fresh taste in the salt sea . This world is not worthy of your soul : Give it not a good-day when Christ cometh in competition with it . Be like one of another countrey : Home & stay not ; for the sun is fallen low , & nigh the tops of the mountains , & the shadows are stretched out in great length : linger not by the way : The world and sin would train you on & make you turn aside : Leave not the way for them , & the Lord Jesus be at the voyage ! Madam , many eyes are upon you , & many would be glad your La : should spill a Christian , and ma● a good professour : Lord Jesus mar their godless desires , & keep the conscience whole without a crack ! If there be a hole in it , so that it take in water at a leck , it will with difficulty mend again : It is a dainty delicate creature , & a rare piece of the workmanship of your maker ; & therefore deal gently with it , & keep it intire , that amid●● this world's glory , your La : may learn to entertain Christ , & whatsoever creature your La : findeth not to smell of him , it may have no better relish to you then the white of an egge . Madam , it is a part of the truth of your profession , to drop words in the ears of your Noble husband continually , of Eternity , Judgement , Death , Hell , Heaven , The honourable Profession , The sins of his Father's House : He must reckon with God for his father's debt : Forgetting of accounts payeth not debt : Nay , the interest of a forgotten bond runneth up with God to interest upon interest : I know he looketh homeward & loveth the truth ; but I pity him with my soul , because of his many temptations : Satan layeth upon men a burthen of cares above a load , & maketh a pack-horse of mens souls , when they are wholly set upon this world : We ow the Devil no such service ; It were wisdom to throw off that load into a mire , & to cast all our cares over upon God. Madam , think ye have no childe : Subscribe a bond to your Lord , That she shall be his if he take her , & thanks & praise & glory to his holy name , shall be the interest for a year's loan of her : Look for crosses , & while it is fair weather , mend the sails of the ship . Now , hoping your La : will pardon my tediousness , I recommend your soul & person to the grace & mercy of our sweet Lord Jesus , in whom I am Anwoth , Nov. 15. 1633. Your La : at all dutifull obedience in Christ , S. R. To my Lady KENMURE . ( 18 ) MADAM . HAving received a letter from some of the worthiest of the Ministery in this Kingdom , the contents where of I am ●●nred to communicate to such professours in these parts as I know love the beauty of Zion , & are afflicted to see the Lord's vineyard froden under foot by the wilde boars out of the wood , who lay it waste ; I could not but also desire your La : help , to joyn with the rest , desiring you to impart it to my Lord your husband , & if ye think it needfull , I shall write to his Lo : as Mr G. G. shall advertise me . Know therefore that the best affected of the Ministery have thought it convenient & necessary at such a time as this , that all who love the truth should joyn their prayers together , & cry to God with humiliation & fasting : The times which are agreed upon , are , the two first sabbaths of February next , & the six dayes interveening betwixt these sabbaths , as they may conveniently be had , & the first sabbath of every Quarter : And the Causes , as they are written to me , are these . 1. Besides the distresses of the Reformed Churches abroad , the many reigning sins of uncleanness , ungodliness & unrighteousness in this land , the present judgements on the land , & many moe hanging over us , whereof few are sensible , or yet know the right & true cause of them . 2. The lamentable & pitifull estate of a glorious Church [ in so short a time , against so many bonds ] in Doctrine , Sacraments & Discipline , so sore persecuted , in the persons of faithfull Pastors and professors , and the door of God's house kept so strait , by Bastard-Porters , in so much , that worthy instruments , able for the work , are held at the door , the Rulers having turned over Religion into Policy , & the Multitude ready to receive any Religion that shall be enjoyned by Authority . 3. In our Humiliation , besides that we are under a necessity of deprecating God's wrath , & vowing to God sincerely new obedience , the weakness , coldness , silence & luke warmness of some of the best of the Ministery , & the deadness of Professors , who have suffered the truth both secretly to be stoln away & openly to be plucked from us , would be confessed . 4. Atheism , Idolatry , profanity & vanity would be confessed : Our King's heart recommended to God , & God intreated that he would stir up the Nobles & the People to turn from their evil waves . Thus , Madam , hoping that your La : will joyn with others , that such a work be not slighted at such a necessary time , when our Kirk is at the overturning : I will promise to my self your help , as the Lord in secrecy & prudence shall enable you , that your La : may rejoyce with the Lord's people when deliverance shall come ; for true & sincere humiliation came alwayes speed with God : And when Authority , King , Court & Church-men oppose the truth , what other armour have we but prayer & faith ? Whereby if we wrestle with him , there is ground to hope that these who would remove the burdensom stone out of it's place shall but hurt their back , & the stone shall not be moved , at least not removed , Zech : 12 : 3. Grace , grace be with you , from him who hath called you to the inheritance of the saints in light . Anwoth . Jan. 23. 1634. Your La : at all submissive obedience in his sweet Lord Iesus , S. R. To my Lady KENMURE . ( 19 ) MADAM . ALl submissive & dutifull obedience in our Lord Jesus remembered : I trust I need not much intreat your La : to look to him who hath stricken you at this time , but my duty in the memory of that comfort I found in your La : kindness , when I was no less heavy in a case not unlike that , speaketh to me , to say something now : & I wish I could ease your La : at least with words . I am perswaded your Physician will not slay you , but purge you : & seeing he calleth himself the Chirurgian who maketh the wound & bindeth it up again , [ for to launce a wound is not to kill , but cure the patient ] Deut. 32. 30. 1 Sam. 2 : 6. Iob 6 : v. 18. Hos. 6. 1. I beleeve , Faith will teach you to kiss a striking Lord , & so acknowledge the soveraignty of God [ in the death of a childe ] to be above the power of us mortal men , who may pluck up a flower in the bud & not be blamed for it : If our dear Lord pluck up one of his Roses , and pull down sowre & green fruit before harvest , who can challenge him ? For he sendeth us to his world as men to a market , wherein some stay many hours , & eat & drink , & buy & sell , & pass through the fair , till they be weary , & such are these who live long & get a hearty fill of this life : And others again come slipping in to the morning-market , & doe neither sit nor stand , nor buy nor sell , but look about them a little & pass presently home again , and these are infants & young ones , who end their short market in the morning , & get but a short view of the fair : Our Lord , who hath numbered man's moneths & set him bounds that he cannot pass , Iob. 14 , 5. hath written the length of our market , & it is easier to complain of the decree then to change it . I verily beleeve when I write this , your Lord hath taught your La : to lay your hand on your mouth : But I shall be far from desiring your La : or any others to cast by a cross , like an old useless bill that is onely for the fire , but rather would wish , each cross were looked in the face seven times , & were read over & over again : It is the Messenger of the Lord , & speakes something , & the man of understanding will hear the rod & him that hath appointed it : Try what is the taste of the Lord's cup , & drink with God's blessing , that ye may grow thereby . I trust in God , whatever other speach it utter to your soul , this is one word in it , Iob. 5. 17. Behold , blessed is the man whom God correcteth : And that it saith to you , Ye are from home while here , ye are not of this world , as your Redeemer , Christ , was not of this world : There is something keeping for you , which is worth the having : All that is here is condemned to die , to pass away like a snow-ball before a summer-sun : & since Death took first possession of something of yours , it hath been & daily is creeping nearer & nearer to your self , howbeit with no noise of feet . Your husbandman & Lord hath lopped off some branches already , the tree it self is to be transplanted to the high harden ; in a good time be it , our Lord ripen your La : all these crosses [ & indeed when I remember them , they are heavy & many : peace , peace be the end of them ] are to make you white & ripe for the Lord's harvest-hook . I have seen the Lord weaning you from the breasts of this world : it was never his minde it , should be your patrimony , & God be thanked for that , ye look the liker one of the heirs : let the moveables goe , why not ? They are not yours : fasten your grips upon the heritage ; & our Lord Jesus make the charters sure , & give your La : to grow as a palm-tree on God's mount Zion , howbeit shaken with winds , yet the root is fast . This is all I can doe , to recommend your case to your Lord , who hath you written upon the palms of his hand : if I were able to doe more , your La : may beleeve me , that gladly I would . I trust shortly to see your La : Now he who hath called you , confirm & stablish your heart in grace unto the day of the liberty of the sons of God. Ardwell , April 29. 1634. Your La : at all submissive obedience in his sweet Lord Iesus , S. R. To my Lady KENMURE . ( 20 ) My very Noble & worthy Lady . SO oft as I call to minde the comforts that I my self , a poor friendless stranger , received from your La : here in a strange part of the countrey , when my Lord took from me the delight of mine eyes , as the word speaketh , Ezek. 24. 16. [ which wound is not yet fully healed & cured ] I trust your Lord shall remember that & give you comfort now at such a time as this , wherein your dearest Lord hath made you a widow that ye may be a free Woman for Christ who is now suteing for marriage-love of you ; & therefore since you lie alone in your bed , let Christ be as a bundle of myrrhe to sleep & lie all the night betwixt your breasts , Cant. 1 , 13. & then your bed is better filled then before : And seeing amongst all crosses spoken of in our Lord's word , this giveth you a particular right to make God your husband , [ which was not so yours while your husband was alive ] read God's mercy out of this visitation : And albeit I must out of some experience say , the mourning for the husband of your youth , be , by God's own mouth the heaviest wordly sorrow , Ioel 1. 8. & though this be the weightiest burden that ever lay upon your back ; Yet ye know [ when the fields are e●ptied & your husband now asleep in the Lord ] if ye shall wait upon him who hideth his face for a while , that it lieth upon God's honour & truth to ful the field & to be a husband to the widow : See & consider then what ye have lost & how little it is . Therefore , Madam , let me intreat you in the bowels of Christ Jesus & by the comforts of his Spirit & your appearance before him , let God & men & Angels now see what is in you : The Lord hath p●irced the vessel , it will be known whether there be in it wine or water : let your faith & patience be seen , that it may be known , your onely beloved first and last hath been Christ : And therefore now were your whole love upon him , he alone is a sutable object for your love and all the affections of your soul : God hath dried up one channel of your love by the removal of your husband , let now that speat run upon Christ. Your Lord & lover hath graciously taken out your husband's name & your name out of the summonds that are raised at the instance of the terrible sin-revenging Judge of the world against the house of the Kenmure : And I dare say that God's hammering of you from your youth is onely to make you a fair carved stone in the high upper temple of the new Ierusalem : Your Lord never thought this world 's vain painted glory a gift worthy of you ; & therefore would not bestow it on you , because he is to propine you with a better portion : Let the moveables goe , the inheritance is yours : Ye are a childe of the house & joy is laid up for you , it is long in coming , but not the worse for that . I am now expecting to see , & that with joy & comfort , that which I hoped of you since I knew you fully , even that ye have laid such strength upon the Holy One of Israel that yed ●sie troubles , & that your soul is a castle that may be be●●●ged but cannot be taken . What have ye to doe here ? This would never looked like a friend upon you , ye ow it little love , it looked ever sowre-like upon you : Howbeit ye should wooe it , it will not match with you ; & therefore never seek warm fire under cold ice : This is not a field where your happiness groweth , it is up above , where , Rev. 7. 9. there are a great multitude , which no man can number , of all nations , & Kindreds , & people , & tongues standing before the throne & before the Lamb , clothed with w●●te robes , & palms in their hands : What ye could never get here , ye shall finde there . And withall consider how in all these trials [ & truly they have been many ] your Lord hath been loosing you at the root from perishing things , & hunting after you , to grip your soul : Madam for the Son of God's sake , let him not miss his grip , but stay & abide in the love of God , as Iude saith , ver : 21 Now , Madam . I hope your La : will take these lines in good part , & wherein I have fallen short & failed to your La : in not evidencing what I was obliged to your more then undeserved love & respect , I request for a full pardon for it . Again , my dear & noble Lady , let me beseech you to list up your head , for the day of your redemption draweth near : And remember , that star that shined in Galloway is now shining in another world . Now I pray that God may answer his own stile to your soul , & that he may be to you the God of all consolations . Thus I remain . Anwoth . Sept. 14. 1634. Your La : at all dutifull obedience in the Lord , S. R. To my Lady KENMURE . ( 21 ) MADAM . ALl dutifull obedience in our Lord remembered . I know ye are now near one of these strairs in which ye have been before : But because your outward comforts are fewer , I pray him whose ye are , to supply what ye want , an other way : for howbeit we cannot win to the bottom of his wise Providence who ruleth all : yet it is certain , this is not onely good which the Almighty hath done , but it is best : & he hath reckoned all your steps to heaven , & if your La : were through this water , there are the fewer behinde ; & if this were the last , I hope your La : hath learned by on-waiting to make your acquaintance with Death , which being to the Lord , the woman's seed Iesus , onely a bloody heel & not a broken head , Gen. 3 : 15. cannot be ill to his friends , who get f●r less of Death then himself : Therefore , Madam , seeing ye know not but the journey is ended & ye are come to the water-side , in God's wisdom look all your papers & your counts , & whether ye be ready to receive the Kingdom of heaven as a little childe , in whom there is little haughtiness & much humility . I would be far from discouraging your La : but there is an absolute necessity , that near eternity , we look ere we leap , seeing no man winneth back again to mend his leap . I am confident your La : thinketh often upon it , & that your old guide shall goe before you & take your hands His love to you will not grow sowre nor wear out of date , as the love of men , which groweth old & gray haired often before themselves . Ye have so much the more reason to love a better life then this , because this world hath been to you a cold fire , with little heat to the body & as little light , & much smoke to hurt the eyes : But , Madam , your Lord would have you thinking it but day breasts , full of wind & empty of food . In this late visitation that hath befallen your La●e ●e have seen God's love & care in such a measure , that I thought , our Lord brake the sharp point off the cross , & made us and your La : see Christ take possession , and infestment upon earth of him who is now reigning & triumphing with the hundred forty & four thousand , who stand with the Lamb on mount Zion . I know , the sweetest of it , is bitter to you ; but your Lord will not give you painted crosses : He paireth not all the bitterness from the cross , neither taketh he the sharp ●dge quite from it , then it should be of your wailing & not of his , which should have as little reason in it , as it should have profit for us . Onely , Madam , God commandeth you now to beleeve & cast anchor in the dark night , & climb up the mountain : He who hath called you , establish you & confirm you to the end . I had a purpose to have visited your La : but when I thought better upon it , the truth is , I cannot see what my company could profit you : & this hath broken off my purpose , & no other thing . yknow many honourable friends & worthy professours will see I our La : & that the Son of God is with you , to whose love & mercy , from my soul , I recommend your La : & remain Anwoth . Nov. 29. 1634. Your La at all dutifull obedience in his sweet Lord Iesus , S. R. To my Lady KENMURE . ( 22 ) MADAM . MY humble obedience in the Lord remembered : Know , it hath pleased the Lord to let me see , by all appearance , my labours in God's house here are at an end , & I 〈◊〉 now learn to suffer , in the which I am a dull Scholar . By a strange Providence , some of my papers anent the corruptions of this time , are come to our King's hand : I know , by the wise & well affected , I shall be censured as not wise nor circumspect enough , but it is ordinary , that , that should be a part of the cross of these who suffer for him : Yet I love & pardon the instrument , I would commit my life to him , howbeit by him this hath befallen me ; but I look higher then to him . I make no question of your La : love & car to doe what ye can for my help , & am perswaded that in my adversities our La : will with me well . I seek no other thing , but that my Lord may be honoured by me in giving a ●…ony : I was wi●ling to doe him more service , but seeing he will have no more of my labours & this land will thrust me out , I pray for grace to learn to be acquaint with misery , i●● may give so rough a name to such a mark of these who shall be crowned with Christ : And howbeit I will possibly prove a faint-hearted unwise man in that , yet I dare say , I intend otherwise : And I desire not to goe on the lee-side or sunny-side of Religion , to put Truth betwixt me & a storm ; my Saviour did not so for me , who in his suffering took the windy side of the hill . No further , but the Son of God be with you . Anwoth . Dec. 5. 1634. Your La : in the Lord Iesus , S. R. To my Lady KENMURE . ( 23. ) MADAM . I Received your La ; letter from I. G. I thank our Lord , ye are as well , at least as one may be , who is not come home : it is a mercy in this stormy sea to get a second wind , for none of the saints get a first , but they must take the winds as the Lord of the seas causeth them to blow , & the Inne as the Lord & Master of the Innes hath ordered it : if contentment were here , heaven were not heaven : Who ever seek the world to be their bed , shall at best finde it short & ill made , & a stone under their side to hold them waking rather then a soft pillow to sleep upon : Ye ought to bless your Lord that it is not worse : we live in a sea where many have suffered ship wrack , and have need that Christ sit at the helm of the ship : it is a mercy to win to heaven , though with much hard toil & heavy labour , & to take it by violence ill & well as it may be : better goe swimming & wet through our waters , then drown by the way ; especially now when Truth suffereth , & great men bid Christ sit lower & contract himself in less bounds , as if he took too much room . I expect our new Prelate shall try my sitting : I hang by a threed , but it is ( if I may speak so ] of Christ's spinning , there is no quarrel more honest or honourable , then to suffer for truth : but the worst is , that this Kirk is like to sink , & all her lovers & friends stand afar off , none mourn with her & none mourn for her . But the Lord Jesus will not be put out of his conquest so soon in Scotland ; it will be seen , the Kirk & Truth will rise again within three dayes , & Christ again shall ride upon his white horse , howbeit his horse seem now to stumble , yet he cannot fall : the fulness of Christ's harvest in the end of the earth is not yet come in . I speak not this because I would have it so , but upon better grounds then my naked liking : but enough of this sad subject . I long to be fully assured of your La : welfare & that your soul prospereth , especially now in your solitary life , when your comforts outward are few , & when Christ hath you for the very uptaking . I know , his love to you is still running over , & his love hath not so bad a memory as to forget you , & your dear childe , who hath two fathers in heaven , the one the Ancient of dayes : I trust in his mercy , he hath something laid up for him above , however it may goe with him here , I know it is long since your La : saw this world turned your step-mother & did forsake you . Madam , ye have reason to take in good part a lean dinner & spare diet in this life , seeing your large supper of the Lamb 's preparing will recompense all . let it goe , which was never yours , but onely in sight , not in property : the time of your loan will wear shorter & shorter , & time is measured to you by ounce-weights : & then I know , your hope shall be a full ear of corn & not blasted with wind : it may be your joy , that your anchor is up within the vail , & that the ground it is cast upon , is not false but firm . God hath done his part , I hope ye will not deny to fish & fetch home all your love to himself , & it is but too narrow & short for him , if it were more : if ye were before pouring all your love [ if it had been many gallons more ] in upon your Lord , if drops fell by in the in-pouring , he forgiveth you : he hath done now all that can be done , to win beyond it all , & hath left little to wooe your love from himself , except one onely childe : what is his purpose herein , he knoweth best , who hath taken your soul in tutouring : Your faith may be boldly charitable of Christ , that however matters goe , the worst shall be a tired traveller , & a joyfull & sweet welcome-home : the back of your winter-night is broken : Look to the East , the day skie is breaking : think not that Christ loseth time or lingereth unsutably . O fair , fair , & sweet morning ! We are but here as sea-passengers , if we look right , we are upon our countrey-coast , our Redeemer is fast coming to take this old worm-eaten world , like an old moth-eaten garment , in his two hands , & to roll it up & lay it by him . These are the last dayes , & an oath is given , Rev. 10. by God himself , that Time shall be no more : & when Time it self is old & gray-haired , it were good we were away . Thus , Madam , ye see I am , as my custom is , tedious in my lines : your La : will pardon it . The Lord Jesus be with your spirit . Anwoth . January . 18. 1636. Your La : at all obedience in Christ. S. R. To my Lady KENMURE . ( 24 ) Right honourable . I Cannot finde time for writing some things I intended on Iob , I have been so taken up with the broils that we are incumbered with in our calling : for our Prelat will have us either to swallow our light over & digest it contrary to our stomacks , howbeit we should vomit our conscience & all , in this troublesom Conformity ; or then he will try if Deprivation can convert us to the Ceremonial faith . I write to your La : Madam , not as distrusting your affection or willingnesse to help me , as your La : is able by your self or others , but to advertise you , that I hang by a small threed : for our learned Prelat , because we cannot see with his eyes , so far in a mil-stone as his light doeth , will not follow his Master , meek Jesus , who waiteth upon the wearied & short-breathed in the way to heaven : & where all see not alike & some are weaker , he carrieth the lambs in his bosom , & leadeth gently these that are with young . But we must either see all the evill of Ceremonies to be but as indifferent strawes , or suffer no loss then to be easten our of the Lord's inheritance . Madam , if I had time , I would write more at length , but your La : will pardon me till a fitter occasion . Grace be with you and your childe , and bear you company to your best home . Anwoth . June . 8. 1636. Your La : in his sweet Lord Iesus , S. R. To EARLESTOWN Elder . ( 25. ) Much honoured Sir. I Have heard of the minde & malice of your adversaries against you : It 's like they will extend the law they have , in length & breadth answerable to their heat of minde ; but it is a great part of your glory that the cause is not yours , but your Lord's whom ye serve , & I doubt not but Christ will count it his honour to back his weak servant , & it were a shame for him ( with reverence to his holy Name ) that he should suffer himself to be in the common of such a poor man as ye are , & that ye should give out for him & not get in again : Write up your depursments for your Master Christ , & keep the count what ye give out , whether name , credit , goods , or life , & suspend your reckoning till nigh the evening , & remember that a poor weak servant of Christ wrote it to you , ye shall have Christ , a King , caution for your incomes & all your losses : Reckon not from the fore-noon : Take the word of God for your warrand , and for Christ's act of cautionry ; howbeit body , life & goods goe for Christ your Lord , & though ye should lose the head for him ; yet Luk 21. 18. There shall not one hair of your head perish . ver . 19. in patience therefore possess your soul : & because ye are the first man in Galloway called out & questioned for the name of Jesus , his eye hath been upon you as upon one whom he hath designed to be among his witnesses : Christ hath said , Alexander Gordon shall lead the ring in witnessing a good confession ; & therefore he hath put the garland of suffering for himself first upō your head : think your self so much the more obliged to him , & fear not ; for he layeth his right hand on your head : He who was dead & is alive will plead your cause , & will look attentively upon the process from the beginning to the end , & the Spirit of glory shall rest upon you . Rev. 2 : 10. Fear none of these things which thou shalt suffer , behold the Devil shall cast some ●f you into prison that ye may be tried , & ye shall have tribu●●tion ten dayes : Be thou faithfull unto the death , & I will give thee the crown of life : That lovely one esus , who also became the Son of man that he might take strokes for you , write the cross-sweetning & soul-supporting sense of these words in your heart : These rumbling wheels ●f Scotland's ten dayes tribulation are under his look who hath seven eyes : Take a house on your head , & slip your self by faith in under Christ's wings , till the storm be over : And remember when they have drunken us down , Ierusalem will be a Cup of trembling & of poison , Zech. 12 : 2. They shall be fain to vomit out the saints ; for Iudah , v. 6. Shall be a hearth of ●ire in a sheaf , & they shall devour all the people round about , on the right band & on the ●ft . Woe to Zion's enemies ; they have the worst or it ; for we have write for the victory . Sir , ye were never honourable till now : this is your glory that Christ hath put you in the roll with himself , and the rest of the witnesses , who are come out of great tribulation , & have washen their garments & made them white in the blood of the Lamb. Be not cast down for what the servants of Antichrist cast in your t●eth , that Yeare ahead to , and favourer of the Puritanes , & leader to th●●●●ct , if your conscience say , Alas , here is much din & little done [ is the proverb is ] because ye have not done so much service to Christ that way as ye might & should : Take courage from that same temptation ; for ●our Lord Christ looketh ●po● that very challenge as an hungring desire in you to have done more then ye did , & that filleth up the blank , & he will accept of what ye have done in that kinde . If great men be kinde to you , I pray you overlook them ; if they smile on you , Christ but borroweth their face to smile through them upon his afflicted servant : know the well-head , & for all that , learn the way to the well it self . Thank God that Christ came to your house in your absence & took with him some of your children : He presumed that much on your love , that ye would not offend ; & howbeit he should take the rest , he cannot come upon your wrong side : I question not , if they were children of gold , but ye think them well bestowed upon him : Expound well two rods on you , one in your house at home , another on your own person abroad : Love thinketh no evil : If ve were not Christ's wheat appointed to be bread in his house , he would not grind you thus : But keep the middle line , neither despise nor faint . Hebr 12. 6. Ye see your father is homely with you : Strokes of a father evidence kindness & care , take them so : I hope your Lord hath manif●sted himself to you and suggested these or more choice thoughts about his dealing with you : we are using our weak moyen & credit for you , up at our own court ; as we dow we pray the King to hear us , & the Son of man to goe side for side with you , & hand in hand in the fiery oven , & to quicken & encourage your unbeleeving heart when ye droop & despond . Sir , to the honour of Christ be it said , my faith goeth with my pen now , I am presently beleeving Christ shall bring you out , Truth in Scotland shall keep the crown of the causey yet : the saints shall see Religion goe naked at noonday free from shame & fear of men : We shall yet divide Sechem & ride upon the high places of Iacob . Remember my obliged respects & love to my lady Kenmure & her sweet childe . Anwoth . July 6. 1636. Yours ever in his sweet Lord Iesus , S , R. To the Vicountess of KENMURE . ( 26 ) MADAM . GRace , mercy & peace be to you : I know ye are near many comforters & that the promised comforter is near hand also : yet because I found your La : comfortable to my self in my sad dayes that are not yet over my head , it is my part and more in many respects [ howbeit I can doe little , God knoweth , in that kinde ] to speak to you in your wilderness-lot . I know , Dear & Noble Lady , this loss of your dear childe came upon you , one piece & part of it after another , & that ye was looking for it , & that now the Almighty hath brought on you that which ye feared , & that your Lord gave you lawfull warning , & I hope for his sake who brewed & masked this cup in heaven , ye will gladly drink , and salute & welcome the cross . I am sure , it is not your Lord's minde to f●ed you with judgement & worm wood , & to give you waters of gall to drink , Ezek. 34. 16. Ier. 9. 15. I know your cup is sugared with mercy , & that the withering of the bloom , the flower , even the white & red of worldly joyes , is for no other end , but to buy out at the ground the reversion of your heart and love . Madam , subscribe the Almightie's will , put your hand to the pen , & let the crosse of your Lord Jesus have your submissive and resolute AMEN . If ye ask and try whose this cross is ? I dare say , it is not all your own , the best half of it is Christ's ; then your cross is no born bastard , but lawfully begotten , It sprang not out of the dust , Iob. 5. 6. if Christ & ye be halvers of this suffering , & he say half mine , what should aile you ? & I am sure , I am here right upon the stile of the word of God. Phil. 3. 10. The fellowship of Christ's sufferings , Col. 1. 29. The remnant of the afflictions of Christ. Heb. 11. 28. The reproach of Christ. It were but to shi●t the comforts of God , to say , Christ had never such a cross as mine , he had never a dead childe , & so this is not his crosse , neither can he in that meaning be the owner of this cross : but I hope , Christ when he married you , married you and all the crosses & wo●-hearts that follow you , & the word maketh no exception . Isa. 63. 9. In all their afflictions he was afflicted : Then Christ bore the first stroke of this cross , it rebounded off him on upon you , & ye got it at the second hand , & ye and he are halvers in it : And I shall beleeve for my part , he mindeth to destill heaven out of this loss and all others the like : for wisdom devised it , and love laid it on , and Christ owneth it as his own , and putteth your shoulder onely beneath a piece of it : take it with joy as no bastard cross , but as a vintation of God , well born ; and spend the rest of your appointed time till your change come in the work of beleeving ; and let faith , that never yet made a lye to you , speak for God's part of it , he will not , he doth not make you a sea or a whalefish , that he keepeth you inward , lob . 7. 12. It may be , ye think not many of the children of God in such a hard case as your self , but what would ye think of some who would exchange afflictions & give you to the boot ; but I know , yours must be your own alone and Christ's together . I confess it seemed strange to me , that your Lord should have done that which seemeth to ding out the bottom of your comforts worldly ; but we see not to the ground of the Almightie's soveraignity , he goeth by on our right hand , & on our left hand , & we see him not : We see but pieces of the broken links of the chain of his providence , and he coggeth the wheels of his own providence that we see not . O let the former work his own clay in what frame he pleaseth ! Shall any teach the Almighty knowledge ? If he pursue dry stubble , who dare say , what doest thou ? doe not wonder to see the Judge of the world weave in one web , your mercies , & the judgements of the house of the Kenmure : he can make one web of contraries . But my weak advice , with reverence & correction , were for you , Dear & worthy Lady , to see how far mortification goeth on , & what scum the Lord's fire casteth out of you . I know ye see your knottiness , since our Lord whyteth & heweth & plaineth you , & the glanceing of the furnace is to let you see , what scum or refuse ye must want , & what froath is in nature , that must be boiled out , & taken off in the fire of your trials . I doe not say , heavier afflictions prophesie heavier guiltiness ; a cross is often but a false prophet in this kinde : but I am sure , our Lord would have the tin & the bastard mettall in you , removed , least the Lord say , the bellowes are burnt , the lead is consumed in the fare , the founder melteth in vain . Ier. 6 , 29 , And I shall hope , that grief shall not so far smother your light as not to practize this so necessary a duty to concur with him in this blessed design . I would gladly plead for the comforter's part of it , not against you , Madam , [ for I am sure ye are not his party ] but against your grief , which will have it 's own violent incursions in your soul , & I think it be not in your power to help it ; But I must say , there are comforts allowed upon you , & therefore want them not : When ye have gotten a running-over soul with joy now , that joy will never be missed out of the infinite Ocean of delight which i● not diminished by drinking at it , or drawing out of it . It is a Christian art to Comfort your self in the Lord , to say , I was obliged to render back again this childe to the giver , & if I have had four years loan of him , & Christ eternitie's possession of him , the Lord hath keeped condition with me . If my Lord would not have him & me to tryst both in one hour at death's door threshold together , it is his wisdom so to doe , I am satisfied , my tryst is suspended , not broken off , nor given up . Madam , I would I could divide sorrow with you for your ease ; But I am but a beholder , it is easie to me to speak : The God of comfort speak to you , & allure you with his feasts of love . My removal from my flock is so heavy to me , that it maketh my life a burden to me ; I had never such a longing for death : The Lord help & hold up sad clay . I fear ye sin in drawing Mr William Dalgleish from this countrey , where the labourrers are few and the harvest great : Madam , desire my Lord Argyle to see for provision to a Pastor for this poor people . Grace be with you . Kircudbright , Octob. 1. 1639. Your La : at all obedience in Christ , S. R. To the persecuted Church in Ireland . ( 27 ) Much honoured , reverend & dearly beloved in our Lord. GRace , mercy & peace be to you all : I know there are many in this Nation , more able then I , to speak to the sufferers for , & witnesses of Jesus Christ ; yet pardon me to speak a little to you , who are called in question for the Gospel once committed to you . I hope ye are not ignorant that if peace was left to you in Christ's Testament , so the other half of the Testament was a legacy of Christ's sufferings . Ioh. 16 : 35. These things I have spoken that in me ye might have peace , in the world ye shall have trouble . Because then ye are made assignayes & he●●s to a life-rent of Christ's Cross , think that fiery trial no strangething : For the Lord Jesus shall be no loser by purging the dross & tin out of his Church in Ireland : his wine press is out squising out the dreg , the scum , the froath & refuse of that Church . I had once the proof of the sweet smell , & the honest & honourable peace , of that slandered thing , the Cross , of our Lord Jesus : But though [ Alas ! ] that these golden dayes that then I had , be now in a great part gone ; yet I dare say , that the issue & outgate of your sufferings shall be the advantage , the golden reign & dominion of the Gospel , & the high glory of the never-enough-praised Prince of the Kings of the earth , & the changing of the brass of the Lord's temple among you into gold & the iron into silver & the wood into brass , your officers shall yet be peace , & your exactors righteousness , Isa. 60 : v. 17 , 18. Your old fallen walls shall get a new name , & the gates of your Ierusalem , shall get a new stile ; they shall call your walls , Salvation , & your gates , Praise . I know that Deputy , Prelats , Papists , temporizing Lords & proud mockers of our Lord , crucifiers of Christ for his coat , & all your enemies , have neither fingers nor instruments of war to pick out one stone out of your wall , for each stone of your wall is Salvation . I dare give you my royal & Princely Master's word for it , that Ireland shall be a fair Bride to Jesus , & Christ shall build on her a palace of silver , Cant. 8 : 9. Therefore weep not , as if there were no hope ; fear not , put on strength , put on your beautifull garments , Isa. 52 : 1. Your foundation shall be saphires , Isa. 54 : 11 , 12. Your windows & gates precious stones . Look over the water & behold & see who is on the dry land waiting for your landing : Your deliverance is concluded , subscribed & sealed in heaven : Your goods that are taken from you for Christ & his truth's sake , are but arrested & laid in pawne & not taken away : There is much laid up for you in his store-house , whose the earth & the fulness thereof is : your garments are spun , & your flocks are feeding in the fields , your bread is laid up for you , your drink is browen , your gold & silver is at the bank , & the interest goeth on & groweth , & yet I hear that your task-masters doe robe & spoil you & fine you : your prisons [ my brethren ] have two keyes , the Deputy , Prelats & Officers keep but the iron keyes of the prison wherein they put you ; but he that hath created the smith hath other keyes in heaven , therefore ye shall not die in the prison : other mens ploughs are labouring for your bread , your enemies are gathering in your rents . He that is kissing his Bride on this side of the sea in Scotland , is beating her beyond the sea in Ireland , and feeding her with the bread of adversity and the water of affliction , and yet he is the same Lord to both . Alas ! I fear that Scotland be undone and slain with this great mercy of Reformation , because there is not here that life of Religion , answerable to the huge greatness of the work that dazleth our eyes : For the Lord is rejoycing over us in this land as the Bridegroom rejoyceth over the Bride , & the Lord hath changed the name of Scotland , they call us now no more Forsaken nor Desolate , but our land is called Heph Zibah & Beislah , Isa. 62 : 4 , for the Lord delighteth in us , & this land is married to himself : there is now an high way made through our Zion ; & it is called the way of holiness , the unclean shall not pass over it , the wayfaring men , though fools , shall not erre in it : the wilderness doth rejoyce & blossom as the rose : the ransomed of the Lord are returned back unto Zion , with songs & everlasting joy up on their heads , Isa. 35. The Canaanite is put out of our Lord's house , there is not a beast left to doe hurt [ at least professedly ) in all the holy mountain of the Lord : our Lord is fallen to wrestle with his enemies , & hath brought us out of Egypt : we have the strength of an Unicorn . Numb . 23 : 22. The Lord hath eaten up the sons of Babel , he hath broken their bones & hath pierced them through with his arrows : we take them captives whose captives we were , & we rule over our oppressors , Isa , 14 : 2. It is not brick nor clay nor Babel's cursed timber & stones , that is in our second temple : but our Princely King ●esus is building his house all palace-work & carved stones , it is the habitation of the Lord : We doe welcome Ireland and England to our Welbeloved : we invite you , O daughters of Ierusalem , to come down to our Lord's garden and seek our Welbeloved with us , for his love will suffice both you & us : we doe send love-letters over t●e sea , to request you to come & to marry our King & to take part of our bed : & we trust our Lord is fetching a blow upon the Beast & the scarlet-coloured Whore , to the end he may bring in his ancient widow-wife , our dear Sister , the Church of the Iews . O what a heavenly heaven were it to see them come in by this mean , & suck the breasts of their little Sister , & renew their old love with their first husband , Christ , our Lord ! They are booked in God's word as a Bride contracted upon Jesus : O for a sight in this , flesh of mine , of the prophesied marriage between Christ & & them ! The Kings of Tarshish & the Isles , must bring presents to our Lord Jesus . Psal. 72 : 10. And Britain is one of the chiefest Isles : Why then but we may beleeve that our Kings of this Island shall come in & bring their glory to the new Ierusalem , wherein Christ shall dwell in the latter dayes ? It is our part to pray that the Kingdoms of the earth may become Christ's . Now I exhort you in the Lord Jesus not to be dismaid nor afraid for the two tails of these two smoking fire-bands , the fierce anger of the Deputy with his Civil Power , and of the bastard Prelats with the Power of the Beast , for they shall be cut off : They may well eat you and drink you , but they shall be forced to vomit you out again alive . If two things were firmly beleeved , sufferi●gs would have no weight : If the fellowship of Christ's suffering were well known , who would not gladly take part with Jesus ? For Christ & we are halvers & joynt owners of one & the same cross : & therefore he that knew well what sufferings were , as he esteemed all things but loss for Christ & did judge them but dung , so did he also judge of them that he might know the fellowship of his sufferings . Philip. 3 : 10. O how sweet a sight is it , to see across betwixt Christ & us , to hear our Redeemer say at every sigh & every blow , & every loss of a beleever , half mine ! So they are called the sufferings of Christ , & the reproach of Christ , Col. 2 : 24. Heb. 11 : 26. As when two are partners & owners of a ship , the half of the gain & half of the loss belongeth to either of the two ; so Christ in our sufferings is half-gainer & half-loser with us : Yea , the heaviest end of the black tree of the cross lieth on your Lord , it falleth first upon him , & it but reboundeth off him upon you : The reproaches of them that reproached thee are fallen upon me . Psal. 69 : 9. Your sufferings are your treasure , & are greater riches then the treasures of Egypt , Heb , 11 ; 26. And if your cross come first through Christ's fingers ere it come to you , it receiveth a fair luster from him , it getteth a taste & a relish of the King's spikenard & of heaven's perfume , & the half of the gain , when Christ's ship full of gold cometh home , shall be yours : It is an augmenting of your treasure to be rich in sufferings , to be in labours abundant , in stripes above measure , 2. Cor. 11 : ver . 23. & to have the sufferings of Christ abounding in you 2. Cor. 1 : 5. is a part of heaven's stock : Your goods are not lost which they have plucked from you , for your Lord hath them in keeping ; they are but arrested & seised upon , he shall loose the arrest : Ye shall be fed with the heritage of Iacob your father , for the mouth of the Lord hath spoken it , Isa. 38. 14. Till I shall be in the hall-floor of the highest palace and get a a draught of glory out of Christ's hand above and beyond Time and beyond Death , I will never it 's like see fairer dayes , then I saw under that blessed tree of my Lord's cross : His kisses then were King's kisses , these kisses were sweet and soul-reviving , one of them at that time was worth two and a half [ if I may speak so ] of Christ's week-dayes kisses . O sweet , sweet for evermore , to see a rose of heaven growing in as ill ground as hell , and to see Christ's love , his embracements , his dinners and suppers of joy , peace , faith , goodness , long-suffering and patience , growing and springing like the flowers of God's garden , out of such stony and cursed ground as the hatred of the Prelats and the malice of their High Commission & the Antichrist's bloody hand & heart ! Is not here art and wisdom ? is not here heaven indented in hell [ if I may say so ] like a jewel set with skill in a ring with the enamle of Christ's cross ? The rubie & riches of glory that groweth up out of this cross , is beyond telling . Now the blackest & hottest wrath & most fiery & all-devouring indignation of the Judge of men & Angels , shall come upon them that deny our sweet Lord Jesus & put their hand to that oath of wickedness now pressed : the Lord's coal at their heart shall burn them up both root and branch : the estates of great men that have done so , if they doe not repent , shall consume away , & the ravens shall dwell in their houses , & their glory shall be shame . O for the Lord's sake , keep fast by Christ , & fear not man that shall die & wither as the grass : the Deputy's bloom shall fall , & the Prelats shall cast their flower , & the East wind of the Lord , of the Lord strong & mighty , shall blast & break them : therefore fear them not , they are but idols that can neither doe evil nor good . Walk not in the way of these people that slander the footsteps of our royal & princely anointed King Iesus , now riding upon his white horse in Scotland : let Iehovah be your fear . That decree of Zion's deliverance , passed & sealed up before the throne , is now ripe , & shall bring forth a childe , even the ruine & fall of the Irelats black Kingdom & the Antichrist's throne in these Kingdoms : the Lord hath begun & he shall make an end . Who did ever h●ar the like of this ? Before Scotland travelled , she brought forth , & before her pain came , she was delivered of a man-childe . Isa. 66. 7. 8. And when all is done , suppose there were no sweetness in our Lord's cross , yet it is sweet for his sake , for that lovely one , Iesus Christ , whose Crown and Royal Supremacy is the question this day in Great Britain betwixt us & our adversaries : & who would not think him worthy of the suffering for ? what is burning quick ? what is drinking of our own heart-blood ? & what i● a draught of melted lead , for his glory ? less then a drink of cold water to a thirsty man , if the right price & due value were put on that worthy , worthy Prince Iesus . O who can weigh him ! Ten thousand thousand heavens would not be one scale , or the half of the scale of the ballance , to lay him in . O black Angels , in comparison of him ! O dim & dark & lightless Sun , in regard of that fair Sun of Righteousness ! O feckless & worthless heaven of heavens , when they stand beside my worthy & lofty & high & excellent Welbeloved ! O weak & infirm clay-Kings ! O soft & feeble mountains of brass , & weak created strength , in regard of our mighty & strong Lord of armies ! O foolish wisdom of men & Angels , when it is laid in the ballance beside that spotless substantial wisdom of the Father ! If heaven & earth & ten thousand heavens , even round about these heavens that now are , were all in one garden of Paradise , decked with all the fairest roses , flowers & trees that can come forth from the art of the Almighty himself ; yet set but our one flower that groweth out of the root Iesse , beside that orchard of pleasure , one look of him , one view , one taste , one smell of his sweet Godhead would infinitely exceed & goe beyond the smell , colour , beauty & loveliness of that Paradise . O to be with childe of his love , & to be suffocate [ if that could be ] with the smell of his sweetness , were a sweet fill & lovely pain ! O worthy , worthy loveliness ! O less of the creatures & more of thee ! O open the passage of the well of love & glory on us , dry pits & withered trees ! O that jewel & flower of heaven ! If our Beloved were not mistaken by us & unknown to us , he would have no scarcity of wooers & suiters , he would make heaven & earth both see that they cannot quench his love , for his love is a sea : O to be a thousand fathoms deep in this sea of love ! He , He Himself is more excellent then heaven : for Heaven , as it cometh into the souls & spirits of the glorified , is but a creature , & He is something , & a great something , more then a Creature . Oh what a life were it to sit beside this well of love , & drink & sing , & sing & drink , & then to have desires & soul-faculties stretched & extended out many thousand fathoms in length & breadth , to take in seas & rivers of love ! I earnestly desire to recommend this love to you , that this love may cause you to keep his commandments , & to keep clean fingers & make clean feet , that ye may walk as the redeemed of the Lord. Woe , woe be to them that put on his name , & shame this love of Christ with a loose & prophanelife : their feet , tongue , & hands & eyes give a shameless lye to the holy Gospel which they profess . I beseech you in the Lord , keep Christ & walk with him , let not his fairness be spotted & stained by godless living . Oh who can finde in their heart to sin against love ? And such a love as the glorified in heaven shall delight to dive into & drink of for ever , for they are evermore drinking-in love , & the cup is still at their head , & yet without loathing , for they still drink & still desire to drink for ever & ever : is not this a long lasting supper ? Now if any of our countrey-people professing Christ Jesus , have brought themselves under the stroke & wrath of the Almighty , by yeelding to Antichrist in an hair-breadth , but especially by swearing & subscribing that blasphemous Oath ( which is the Church of Ireland's black hour of temptation ) I would intreat them , by the mercies of God at their last summonds , to repent & openly confess before the world , to the glory of the Lord , their denial of Christ : Or otherwise , if either man or woman will stand & abide by that Oath , then in the name & authority of the Lord Jesus , I let them see that they forfeit their part of heaven , & let them look for no less then a back-burden of the pure unmixed wrath of God & the plague of Apostates & deniers of our Lord Jesus . Let not me a stranger to you , who never saw your face in the flesh , be thought bold in writing to you : For the hope I have of a glorious Church in that land , and the love of Christ constraineth me . I know , the worthy servants of Christ who once laboured among you , cease not to write to you also , & I shall desire to be excused that I doe joyn with them . Pray for your Sister Church in Scotland , & let me entreat you for the aid of your prayers for my self & flock & ministery , & my fear of a transportation from this place of of the Lord's vineyard . Now the very God of peace sanctifie you throughout . Grace be with you all . ? Anwoth . 1639. Your brother and companion in the Kingdom and patience of Iesus Christ , S. R. To his reverend & much honoured Brother , Dr WILLIAM LIGHTON , Christ's prisoner in bonds at London . ( 28 ) Reverend & much honoured prisoner of hope . GRace , mercy , & peace be to you : It was not my part whom our Lord hath enlarged , to forget you his prisoner . When I consider how long your night hath been , I think Christ hath a minde to put you in free grace's debt , so much the deeper , as your sufferings have been of so long a continuance . But what if Christ minde you no jo● but publike joy with enlarged & triumphing Zion : I think , Sir , ye would love it best to share & divide your song of joy with Zion , & to have mystical Chri●● in Eritain halfer & compartner with your enlargement . I am sure , your joy bordering & neighbouring with the joy of Christ's Bride , would be so much the sweeter that it were publike . I thought , if Christ had halved my mercies , and delivered his Bride and not me , that his praises should have been double to what they are : But now two rich mercies conjoyned in one have stoln from our Lord more then half-praises : Oh that mercy should so beguile us , and steal away our counts and acknowledgements ! Worthy Sir , I hope I need not exhort you to goe on , in hoping for the salvation of God : There hath not been so much taken from your time of ease & created joyes , as Eternity shall adde to your heaven : Ye know when one day in heaven hath paved you , yea , & overpayed your blood , bonds , sorrow & sufferings , that it would trouble Angels understanding to lay the count of that superplus of glory , which Eternity can & will give you . O but your sand-glass of sufferings & losses , cometh to little , when it shall be counted and compared with the glory that bideth you on the other side of the water ! Ye have no leisure to rejoyce & fing here while time goeth about you , & where your Psalms will be short , therefore ye will think Eternity & the long day of heaven that shall be measured with no other sun nor horologe then the long life of the Ancient of dayes , to measure your praises , little enough for you : if your span-length of time be cloudy , ye cannot but think , your Lord can no more take your blood & your band without the in-come & reeompence of free grace h●…e would take the sufferings of Paul & his other dear servants that were well paid home beyond all counting , Rom. 8 : 18. If the wisdom of Christ hath made you Antichrist's eye-sore & his envy , ye are to thank God that such a piece of clay as ye are , is made the field of glory to work upon : it was the potter's aim that the clay should praise him , & I hope it satisfieth you that your clay is for his glory . Oh who can suffer enough for such a Lord ! & who can lay out in bank enough of pain , shame , losses , tortures , to receive in again the free interest of eternall glory ? 2 Cor. 4 : 17. O how advantagious a bargaining is it with such a rich Lord ! If your hand & pen had been at leisure to gain glory in paper , it had been but paper-glory : but the bearing of a publike cross so long for the now controverted priviledges of the crown & scepter of free King Jesus , the Prince of the Kings of the earth , is glory booked in heaven . Worthy & dear Erother , if ye goe to weigh Jesus his sweetness , excellency , glory & beauty , & say fore-against him your ounces or drams of Suffering for him , ye shall be straitned two wayes . 1. It will be a pain to make the comparison , the disproportion being by no understanding imaginable : nay , if heaven's Arithmetick & Angels were set to work , they should never number the degrees of difference . 2. It should straiten you to finde a scale for the ballance to lay that High & Lofty One , that overtranscending Prince of excellency into : If your minde could fancy as many created heavens as time hath had minutes , trees have had leaves & clouds have had rain drops , since the first stone of the creation was laid , they should not make half a scale to bear & weight boundless excellency it to . And therefore the King whose marks ye are bearing & whos 's dying ye carry about with you in your body , is out of all cry & consideration beyond & above all our thoughts . For my self , I am content to feed upon wondering sometimes at the beholding but of the borders & skirts of the incomparable glory which is in that exalted Prince : & I think ye could wi●h for more ears to give him then ye have , since ye hope these ears ye now have give him , shall be passages to take in the musick of his glorious voice . I would fain both beleeve & pray for a new Bride of Iews & Gentiles to our Lord Jesus , after the land of graven images shall be laid waste ; & that our Lord Jesus is on horse-back hunting & pursuing the beast , & that England & Ireland shall be well sweeped chambers for Christ and his righteousness to dwell in : for he hath opened our graves in Scotland , & the two dead & buried witnesses are risen again & are prophesying . O that Princes would glory & boast themselves in carrying the train of Christ's tobe royal in their arms ! Let me die within an half-hour after I have seen the Son of God his temple enlarged , & the cords of I●rusalem's tent lengthned , to take in a more numerous company for a Bride to the Son of God. Oh if the corner or foundation-stone of that house , that new house , were laid above my grave ! O who can adde to him , who is that great ALL : If he would create suns & moons ; new heavens , thousand thousand degrees more perfect then these that now are , & again make a new creation ten thousand thousand degrees in perfection beyond that new creation , & again still for eternity multiplie new heavens , they should never be a perfect resemblance of that infinite excellency , order , weight , measure , beauty & sweetness that is in him . O how little of him doe we see ! O how shallow are our thoughts of him ! Oh if I had p●in for him , & shame & losses for him & more clay & spirits for him , & that I could goe upon earth without love , desire , hope , because Christ hath taken away my love , desire & hope to heaven with him ! I know , Worthy Sir , your sufferings for him are your glory , & therefore weary not , his salvation is near hand and shall not tarry . Pray for me : his grace be with you . St Andrewes . Nov. 22. 1639. Yours in his sweet Lor● Iesus , S , R. To Mr HENRY STUART , his Wife , & two Daughters , all Prisoners of Christ at Dublin . Rev. 2 : 10. Fear none of these things , which ye shall suffer , &c. ( 29. ) Truly Honoured & Dearly beloved . GRace , mercy & peace be to you , from God our father & our Lord Jesus Christ. Think it not strange , beloved in our Lord Iesus , that Satan can command keyes of prisons & bolts & chains ; this is a piece of the Devil's Princedom that he hath over the world : interpret & understand our Lord well in this : be not jealous of his love , though he make devils and men his under-servants to scour the rust off your faith & purge you from your dross . And let me charge you , O prisoners of hope , to open your window & to look out by faith , & behold heavens post , that speedy & swift salvation of God , that is coming to you ; it is a broad river that faith will not look over ; it is a mighty & a broad sea that they of a lively hope cannot behold the furthest bank & other shore thereof : Look over the water , your anchor is fixed within the vail , the one end of the cable is about the prisoner of Christ , & the other is entred within the vail , whither the forerunner is entred for you , Heb. 6 : 19 , 20. It can goe straight thorow the flames of the fire of the wrath of men , devils , losses , tortures , death , and not a threed of it be either singed or burnt ; men and devils have no teeth to bite it in two : Hold fast till he come : Your cross is of the colour of heaven & Christ , & pasmented over with the faith & comforts of the Lord 's faithfull Covenant with Scotland ; & that dy & colour will abide the foul weather , & neither be stained nor cast the colour ; yea it reflects a scad like the cross of Christ , whose holy hands , many a day lifted up to God praying for sinners , were fettered and bound , as if these blessed hands had stoln & shed innocent blood : When your lovely , lovely Jesus had no better then the thief's doom , it is no wonder that your process be lawless and turned upside down ; for he was taken , fettered , buffetted , whipped , spitted upon , before he was convicted of any fault , or sentenced . Oh , such a pair of sufferers and witnesses , as high and royal Jesus and a poor piece guilty clay marrowed together , under one yoke ! O how lovely is the cross with such a second ! I beleeve that your prison is enacted in God's court , not to keep you till your hope breath out it's life & last : Your cross is under law to restore you again safe to your brethren & sisters in Christ : take heaven and Christ's back-bond for a fair back-door out of your suffering . The Saviour is on his journey with salvation and deliverance for mount Zion & the sword of the Lord is drunk with blood and made fat with fatness , his sword is bathed in heaven against Babylon , for it is the day of the Lord's vengeance and the year of recompences for the comtroversie of Zion : And perswade your selves , the streams of the rivers of Babylon shall be pitch , and the dust of the land brimstone and burning pitch , Isa. 34 : 8. And if your deliverance be conjoyned with the deliverance of Zion , it shall be two salvations to you . It were good to be armed before hand for death or bodily tortures for Christ , and to think what a crown of honour it is , that God hath given you pieces of living clay to be tortured witnesses for saving truth , and that ye are so happy as to have some pints of blood to give out for the crown of that royal Lord , who hath caused you to avouch himself before men . If ye can lend fines of three thousand pound sterling for Christ , let heaven's register and Christ's count-book keep in reckoning your depursments for him : It shall be engraven & printed in great letters upon heaven's throne , what you are willing to give for him : Christ's papers of that kinde cannot be lost or fall by . Doe not wonder to see clay boast the great potter , & to see blinced men to threaten the Gospel with death & burial & to raze out Truth 's name : but where will they make a grace for the Gospel & the Lord's bride ! Earth & hell shall be but little bounds for their burial : lay all the clay & rubbish of this inch of the whole earth above our Lord's spouse , yet it will not cover her nor hold her down ; she shall live & not die , she shall behold the salvation of God. Let your faith frist God a little & be not afraid for a smoking fire-brand : there is more smoke in Babylon's furnace then there is fire : till dooms-day shall come , they shall never see the Kirk of Scotland & our Covenant burnt to ashes , or if it should be thrown in tho fire , yet it cannot be so burnt or buried , as not to have a resurrection : angry clay 's wind shall shake none of Christ's corn ; he will gather in all his wheat into his barn : onely let your fellowship with Christ be renewed : ye are sibber to Christ now when you are imprisoned for him , then before ; for now the stroakes laid on you , doe come in remembrance before our Lord , & he can owne his own wounds : a drink of Christ's love , which is better then wine , is the drink-silver which Suffering for his majesty leaves behinde it : it is not your sins which they persecute in you , but God's grace , & loyalty to King Jesus : they see no treason in you to your Prince , the King of Britain , albeit they say so , but it is heaven in your that earth is fighting against , & Christ is owning his own cause : grace is a party that fire will not burn , not water drown : when they have eaten & drunken you , their stomack shall be sick , & they shall spue you out alive . O what glory is it to be suffering abjects , for the Lord's glory & royalty ! Nay , though his servants had a body to burn for ever , for this Gospel , so being that triumphing & exalted Jesus his high glory did rise out , of these flames & out of that burning body , Oh , what a sweet fire ! O what soul-refreshing torment should that be ! What if the pickles of dust & ashes of the burnt & dissolved body , were musicians to sing his praises , & the highness of that never-enough-exalted Prince of ages ? O what love is it in him , that he will have such musicians as we are to tune that Psalm of his everlasting praises in heaven ! Oh what shining & burning flames of love are these , that Christ will divide his share of life , of heaven & glory with you . Luk. 22. 29. Ioh. 17 : 24. Rev. 3 : 21. A part of his throne , one draught of his wine ( his wine of glory & life , that comes from under the throne of God & of the Lamb ) & one apple of the tree of life will doe more then make up all the expences & charges of clay , lent out for heaven . Oh! Oh but we have short & narrow & creeping thoughts of Jesus , & doe but shape Christ in our conceptions according to some created portraiture ! O Angels , lend in your help to make love-books & songs of our fair & white & ruddy standard-bearer amongst ten thousand ! O heavens ! O heaven of heavens ! O glorified tennants & triumphing house-holders with the Lamb , put in new Psalms & love-sonnets of the excellency of our bridegroom & help us to set him on high ! O indwellers of earth & heaven , sea & air ! & O all ye created beings within the bosom of the outmost circle of this great world ! O come help to set on high the praises of our Lord ! O fairness of creatures , blush before his uncreated beauty ! O created strength , be amazed to stand before your strong Lord of hosts ! O created love , think shame of thy self before this unparalleled love of heaven ! O angel-wisdom , hide thy self before our Lord whose understanding passeth finding out ! O sun in thy shining beauty , for shame put on a web of darkness & cover thy self before thy brightest master & maker ! O who can adde glory by doing or suffering , to this never-enough-admired and praised lover ! Oh we can but bring our drop to this sea , and our candle , dim and dark as it is , to this clear and lightsom sun of heaven and earth ! Oh but we have cause to drink ten deaths in one cup dry , to swim through ten seas , to be at that land of praises , where we shall see that wonder of wonders & enjoy this jewel of heavens jewels ! O death , doe thy outmost against us ! O torments ! O malice of men & devils , waste thy-strength on the witnesses of our Lord's testament ! O devils , bring hell to help you in tormenting the followers of the Lamb ! we will defie you to make us too soon happy , & to waft us too soon over the water to the land where the noble plant , the plant of venown groweth . O cruel Time , that torments us & suspends our dearest enjoyments that we wait for , when we shall be bathed & steeped , soul & body , down in the depths of this love of loves ! O Time , I say , run fast ! O motions , mend your pace ! O Welbeloved , be like a young Roe upon the mountains of Separations ! Post , post ; & hasten our desired & hungered-for meeting : love is sick to hear tell of to morrow . And what then can come wrong to you , O honourable witnesses of his Kingly truth ? Men have no more of you to work upon , but some few inches and span-lengths of fick , coughing and flegmatick clay : your spirits are above their benches , courts , or High Commissions : your souls , your love to Christ , your faith , cannot be summoned not sentenced nor accused nor condemned by Pope , Deputy , Prelat , Ruler or Tyrant : your faith is a free Lord , & cannot be a captive : all the malice of hell & earth , can but hurt the scabbard of a beleever : & death at the worst can get but a clay-pawne in keeping till your Lord make the King's keys & open your graves . Therefore upon luck's head [ as we use to say ] take your sill of his love , and let a post way or a causey be laid betwixt your prison and heaven , and goe up & visit your treasure : Enjoy your Beloved & dwell upon his love , till Eternity come in Time's room & possess you of your eternal happiness : Keep your love to Christ , lay up your faith in heaven's keeping ; & follow the chief of the house of the Martyrs , that witnessed a fair confession before Pontius Pilate ; your cause and his is all one . The opposers of his cause are like drunken Judges & transported , who in their cups would make Acts & Lawes in their drunken courts , that the Sun should not rise and shine on the earth , and send their Officers & Pursevants to charge the Sun and Moon to give no more light to the world , & would enact in their Court-bookes that the Sea after once ebbing should never flow again : But would not the Sun & Moon & Sea break these Acts & keeep their Creator's directions . The Devil , the great fool & father of these under-fools , is older & more malicious then wise , that sets the spirits in earth on work to contend & clash with heaven's wisdom , and to give mandats and law summonds to our Sun , to our great Star of heaven , Iesus , not to shine , in the beauty of his Gospel , to the chosen and bought ones , O thou fair and fairest Sun of righteousness , arise and shine in thy strength , whether earth and hell will or not ! O Victorious ! O Royal ! O stout Princely soul-conqueror , ride prosperously upon truth , stretch out thy Scepter as far as the Sun shines & the Moon waxeth & ●…aineth ! Put on thy glistering crown , O thou maker of Kings ! & make but one stride or one step of the whole earth , & travell in the greatness of thy strength , Isa. 63 : 1 , 2. & let thy apparel be red & all dyed with the blood of thy enemies : Thou art fallen righteous heir by line to the Kingdoms of the world . Laugh ye at the giddy-headed clay pots & stout brain-sick worms , that dare say in good earnest , this man shall not reign over us : as though they were casting the dice for Christ's crown , who of them shall have it . I know , ye beleeve the coming of Christ's Kingdom , and that their is a hole out of your prison through which ye see day-light : let not faith be dazled with the temptation from a dying Deputy & from a sick Prelat : beleeve under a cloud , & wait for him , when there is no moon-light nor star-light : Let faith live & breath and lay hold on the sure salvation of God , when clouds and darkness are about you and appearance of rotting in the prison , before you : take heed of unbeleeving hearts which can father lies upon Christ : beware of , Doeth his promise fail for evermore ? Psal. 77. 8. For is was a man and not God that said it , who dreamed that a promise of God could fail , fall a-swoon or die : we can make God sick or his promises weak , when we are pleased to seek a plea with Christ. O sweet ! O stout word of faith , Iob. 13. v. 15. Though he slay me , yet will I trust in him . O sweet Epitaph written on the grave-stone of a dying beleever ! To wit , I died hoping , & my dust & ashes beleevelife . Faith's eyes , that can see thorow a mill-stone , can see thorow a gloom of God , and under it read God's thoughts of love and peace . Hold fast Christ in the dark : surely ye shall see the savation of God. Your adversaries are ripe and dry for the fire , yet a little while and they shall goe up in a flame : the breath of the Lord like a river of brimstone shall kindle about them , Isa. 30 : 33. What I write to one , I write to you all , that are sound hearted in that Kingdom , whom in the bowels of Christ , I would exhort not to touch that Oath ; albeit the adversaries put a fair meaning on it , yet the swearer must swear according to the professed intent & godless practise of the oath-breakers , which is known to the world : otherwise I might swear that the Creed is false , according to yet this private meaning & sense put upon it . Oh let them not be beguiled to wash petjury and the denial of Christ and the Gospel with ink-water , some foul and rotten distinctions : Wash and wash again and again the devil & the lye , it shall be long ere their skin be white . I profess , it should beseem men of great parts , rather then me , to write to you ; but I love your C●use , & desires to be excused , and must intreat for the help of your prayers in this my weighty charge here for the University and Pulpit , & that ye would intreat your acquaintance also to help me . Grace be with you all . Amen . St. Andrewes . 1640. Your brother & companion in the patience & Kingdom of Iesus Christ , S. R. For Mistress PONT prisoner at Dublin . ( 30 ) Worthy & dear Mistress . GRace , mercy & peace be to you . The cause ye suffer for 〈◊〉 your willingness to suffer , is ground enough of acquaintance , for me to write to you ; although I doe confess my self unable to speak for a prisoner of Christ's encouragement . I know ye have advantage beyond us , who are not under suffering : for your sighing [ Psal. 102. 20. ] is a witten bill , for the ears of your Head , the Lord Jesus ; & your breathing , Lam. 3. 51. and your looking up , Psal. 5. 3. & 69. 3. And therefore your meaning half spoken , half unspoken , will seek no jaylor's leave , but will goe to heaven without leave of Prelat or Deputy , & be heartily welcome : so that ye may sigh and gro●n out your mind to him who hath all the keyes of the King 's three Kingdoms and dominions : I dare beleeve your hope shall not die ; your trouble is a part of Zion's burning , and ye know who guides Zion's furnance , and who loves the ashes of his burnt Bride , because his servants love them , Psal. 102. 14. I beleeve your ashes , if ye were burnt for this cause , shall praise him : For the wrath of men & their malice shall make a psalm to praise the Lord , Psal. 76 : 10. & therefore stand still & behold & see what the Lord is to doe for this Island ; his work is perfect , Deut. 32 : 4. the nations have not seen the last end of his work ; his end is more fair & more glorious then the beginning . Ye have more honour then ye can be able to guide well , in that your bonds are made heavy for such an honourable cause . The seals of a controlled Gospel , & the seals by bonds & blood & sufferings , are not committed to every ordinary professour . Some that would back Christ honestly in summer-time , would but spill the beauty of the Gospel , if they were put to suffering . And therefore let us beleeve , that wisdom dispenseth to every one here as he thinks good who bears them up that bear the cross : & since our Lord hath put you to that part which was the flower of his own sufferings , we all expect that as ye have in the strength of our Captain begun , so ye will goe on without fainting . Providence maketh use of men & devils for the refining of all the vessels of God's house , small & great , & for doing of two works at once in you , both for smothing of a stone to make it take bond with Christ in Ierusalem's wall , & for witnessing to the glory of this reproached & born down Gospel , which cannot die though hell were made a grave about it . It shall be timous joy for you to divide joy betwixt you & Christ's laughing Bride , 〈◊〉 these three Kingdoms : & what if your mourning continue till mystical Christ in Ireland & in Britain & ye laugh both together ? your laughing & joy were the more blessed , that one sun should shine upon Christ , the Gospel , & you , laughing altogether , in these three Kingdoms . Your time is measured & your dayes & hours of suffering from eternity were by infinite wisdom considered : If heaven recompense not to your own minde inches of sorrow , then I must say that infinite mercy cannot get you pleased : but if the first kiss of the white and ruddy cheek of the standard , bearer and chief among ten thousand [ Cant. 5 : 10 ] shall over-pay your prison at Dublin in Ireland , then ye shall have no counts unanswered , to give in to Christ : if your faith cannot see a nearer term-day ; yet let me charge your hope to give Christ a new day till eternity & time meet in one point : a payed summe , if ever payed , is payed , if no day be broken to the hungry creditour : take heaven's bond & subscribed obligation for the summe , Iohn 14. 3. If Hope can trust Christ , I know he can , & will pay : but when all is done & suffered by you , ten hundred deaths for lovely , lovely Jesus , is but eternitie's half penny ; figures & ciphers cannot lay the proportion . O but the super-plus of Christ's glory is broad & large ! Christ's Item's of eternal glory are hard & cumbersom to tell , & ifye borrow by faith & hope ten dayes or ten hundred years from that eternity of glory that abides you , ye are payed & more in your own hand . Therefore , O prisoner of hope , wait on ! posting , hasting salvation sleeps not . Antichrist is bleeding & in the way to death , & he bites forest when he bleeds fastest . Keep your intelligence betwixt you & heaven , & your court with Christ : he hath in heaven the keyes of your prison , & can set you at liberty when he pleaseth : His rich grace support you . I pray you help me with your prayers . Grace be with you . St Andrews 1640. Your brother in the patience & Kingdom of Iesus Christ , S. R. To Mr JAMES WILSON . ( 31 ) Dear Brother GRace , mercy & peace be multiplied upon you : I bless our rich & onely wise Lord , who careth so for his new creation , that he is going over it again & trying every piece in you , & blowing away the motes of his new work in you . Alas ! I am not so fit a Physician as your disease requireth : sweet , sweet , lovely Jesus be your Physician , where his under-Chirurgians cannot doe any thing for putting in order the wheels , paces , & goings of a marred soul. I have little time ; but yet the Lord hath made me so concern my self in your condition that I dow not , I dare not be altogether silent . First , ye doubt from . 2 Cor. 13 : 5. whether ye be in Christ or not , & so whether ye be a reprobate or not ? I answer three things to the doubt . 1. Ye ow charity to all men , but most of all , to lovely & loving Jesus , & some also to your self , especiall to your renewed self ; because your new self is not yours but another Lord's , even the work of his own Spirit : therefore to slander his work is to wrong himself : Love thinketh no evil : if ye love Grace , think not ill of Grace in your self ; and ye think ill of Grace in your self , when ye make it but a bastard and a work of nature : for a holy fear that ye be not Christ's , and withall a care and a desire to be his & not your own , is not , nay cannot be bastard nature . The great Advocate pleadeth hard for you , be upon the Advocate 's side , O poor feared client of Christ ! stay & side with such a lover , who pleadeth for no other man's goods but his own [ for he , if I may say so , scorneth to be enriched with an unjust conquest ] and yet he pleadeth for you , whereof your letter [ though too too full of jealousie ] is a proof : for if ye were not his , your thoughts , which I hope are but the suggestion of his Spirit ( that onely bringeth the matter in debate to make it sure to you ) would not be such nor so serious as these , am I his ? or whose am I ? 2. Dare ye forswear your owner , and say in cold blood , I am not his ? what nature or corruption saith at starts in you , I regard not : your thoughts of your self , when sin and guiltiness round you in the ear , and when ye have a sight of your deservings , are Apocrypha and not Scripture , I hope . Hear what the Lord saith of you , he will speak peace : if your Master say , I quite you , I shall then bid you eat ashes for bread and drink waters of gall and wormwood . But howbeit Christ out of his own mouth should seem to say , I came not for thee , as he did Matth. 15 : 24. yet let me say , The words of tempting Jesus are not to be stretched as Scripture beyond his intention , seeing his intention in speaking them is to strengthen , not to deceive : & therefore here Faith may contradict what Christ seemeth at first to say , and so may ye . I charge you by the mercies of God , be not that cruel to Grace and the new birth as to cast water on your own coal by misbelief : If ye must die ( as I know ye shall not ) it were a folly to slay your self . 3. I hope ye love the new birth & a claim to Christ , howbeit ye dow not make it good : & if ye were in hell & saw the heavenly face of lovely , ten thousand times lovely Iesus , that hath God's hew and God's fair , fair and comely red and white wherewith it is beautified beyond comparison and imagination , ye could not forbear to say , Oh! if I could but blow a kiss from my sinfull mouth , from hell up to heayen upon his cheeks , that are as a bed of spices as sweet flowers , Cant. 5 : 13. I hope ye dare say , O fairest sight of heaven ! O boundless mass of crucified & slain love for me , give me leave to wish to love thee ! O flower and bloom of heaven & earth's love ! O Angels wonder ! O thou the Father 's eternally sealed love ! & O thou God's old delight ! give me leave to stand beside thy love & look in & wonder , & give me leave to wish to love thee , if I can doe no more . 2. We being born in atheism & bairns of the house that we are come off , it is no new thing , my dear Brother , for us to be under jealousies & mistakes about the love of God : what think ye of this that the man Christ was tempted to beleeve there were but two Persons in the blessed Godhead , & that the Son of God , the substantial , & coerernal Son , was not the lawfull Son of God ? Did not Satan say , If thou be the Son of God ? 3. Ye say that ye know not what to doe ? Your Head said once that same word or not far from it , Ioh. 12. 27. Now is my soul troubled , & what shall I say ? & faith answered Christ's What shall I say ? with these words , O tempted Saviour , askest thou What shall I say ? say , pray , Father save me from this hour . What course can ye take but pray & first Christ his own comforts ? He is no dyvour , take his word . Oh [ say ye ] I cannot pray ! Ans. Honest sighing is faith breathing & whispering him in the ear : the life is not out of faith , where there is sighing , looking up with the eyes & breathing towards God , Eam . 3 : 36. Hide not thine ear at my breathing . But what shall I doe in spiritual exercises , say ye ? Ans. 1. If ye knew particularly what to doe , it were not a spiritual exercise . 2. In my weak judgement , ye would first say , I will lorifie God in beleeving David's Salvation & the Bride's Marriage with the Lamb , & love the Church's stain husband , although I cannot for the present beleeve mine own Salvation . 3. Say , I will not pass from my claim , suppose Christ would pass from his claim to me , it shall not goe back upon my side ; howbeit my love to him be not worth a drink of water , yet Christ shall have it such as it is . 4. Say , I shall rather spill twenty prayers then not pray at all ; let my broken words goe up to heaven : when they come up into the great Angel's golden censer , that compassianat Advocate will put together my broken prayers & perfume them : Words are but Accidents of Prayer . Oh [ say y ] I am slain with hardness of heart ; & troubled with confused and melancholious thoughts ? Ans. My dear Brother , What would ye conclude thence , that ye know not well who ought you ? I grant , Oh my heart is hard ! Oh my thoughts of faithless sorrow ! Ergo , I know not who ought me ; were good Logick in heaven amongst Angels & the glorified : but down in Christ's Hospital , where sick and distempered souls are under cure , it is not worth a straw . Give Christ time to end his work in your heart : hold on in feeling & bewailing your hardness , for that is softness to feel hardness . 2. I charge you to make Psalms of Christ's praises for his begun work of Grace , make Christ your Musick & your song , for Complaining & feeling of want doeth often swallow up your Praises . What think ye of these who goe to hell , never troubled with such thoughts ? If your exercise be the way to hell , God help me ; I have a cold coal to blow at , and a blank paper for heaven : I give you Christ caution , & my heaven surety for your Salvation . Lend Christ your Melancholy ; for Satan hath no right to make a chamber in your Melancholy ; borrow joy & comfort from the Comforter ; bid the Spirit doe his office in you : & remember , that faith is one thing , and the feeling & notice of faith another : God forbid that feeling were Proprium quarto modo to all the Saints , & that this were good reasoning , No feeling , no grace : I am sure ye were not alwayes these twenty years by-past , actually knowing that ye live , yet all this time ye are living : so is it with the life of faith . But Alas ! Dear Brother , it is easie for me to speak words & syllables of peace , but Isa. 57. 19. telleth you , I create peace : there is but one Creator , ye know : O that ye may get a Letter of peace sent you from heaven ! Pray for me , & for grace to be faithfull , & gifts to be able with tongue & pen to glorifie God. I forget you not . St. Andrewes Jan 8. 1640. Yours in his sweet Lord Iesus , S. R. To my Lady BOYD. ( 32 ) MADAM . I Received your La : letter : but because I was still going through the countrey for the affairs of the Church , I have had no time to answer it . I had never more cause to fear then I have now , when my Lord hath restored me to my second created heaven on earth , & hath turned my apprehended fears into joyes and great deliverance to his Church , whereof I have my share and part . Alas that weeping prayers answered and sent back from heaven with joy , should not have laughing praises ! O that this land would repent and lay burthens of praises upon the top of fair mount Zion . Madam , except this land be humbled , a Reformation is rather my wonder , then belief at this time : but surely it must be a wonder , and what is done already is a wonder : our Lord must restore beauty to his Churches without hire ; for we were sold without money , and now our buyers repent them of the bargain , and would gladly give again better cheap then they bought us : they devoured Iacob and eat up his people as bread ; now Iacob is grown a living childe in their womb , and they would fain be delivered of the childe and render the birth : Our Lord shall be midwife . O that this land be not like Ephraim an unwise son , that stayeth too long in the place of breaking forth of children ! Your La : is blessed with children who are honoured to build up Christ's waste places again : I beleeve your La : will think them well bestowed on that work , and that Zion's beauty is your joy , this is a mark and evidence for heaven which helpeth weak ones to hold their grip when other marks fail them . I hope your La : is at a good understanding with Christ , and that , as becometh a Christian , ye take him up aright [ for many mistake and misshape Christ ] in his comings and goings : Your wants and falls proclaim ye have nothing of your own but what ye borrow ( nay , your self is not your own ) but Christ hath given himself to you : Put Christ to the bank and heaven shall be your interest and income : Love him , for ye cannot over-love him : Take up your house in Christ , let him dwell in you and abide ye in him , & then ye may look out of Christ and laugh at the clay-heavens that the sons of men are seeking after in this side of the water . Christ mindeth to make your losses grace's great advantage : Christ will lose nothing of you , nay , not your sins , for he hath an use for them aswell as for your service , howbeit ye are to loath your self for these . I hope ye fetch all the heaven ye have here in this life , from that which is up above , and that your anchor is casten as high and deep as Christ : O but it 's far & many a mile to his bottom ! If I had known long since as I doe now ( though still , alas ! I am ignorant ) what was in Christ , I would not have been so late in starting to the gate to seek him . O what can I doe or say to him who hath made the North render me back again ! A grave is no sure prison to him for the keeping of dry bones . Woe 's me that my foolish sorrow and unbelief being on horse-back did ride so produly & witlesly over my Lord's Providence : but when my Faith was asleep , Christ was awake , & now when I am awake I say he did all things well . O infinite wisdom ! O incomparable loving kindness ! Alas that the heart I have is so little & worthless for such a Lord as Christ is ! O what oddes finde the saints in hard trials , when they feel sap at their roots , betwixt them and sun-burnt withered professors : crosses and storms cause them to cast their blooms and leaves : poor worldlings what will ye doe when the span-length of your forenoon's laughter is ended and when the weeping side of Providence is turned to you ? I put up all the favours ye have bestowed on my Brother upon Christ's score , in whose book are many such counts & who will requite them . I wish you to be builded more and more upon the stone laid in Zion & then ye shall be the more fit to have a hand in rebuilding our Lord 's fallen tabernacle in this land , in which ye shall finde great peace when ye come to grips with Death the King of terrouis . The God of peace be with your La : and keep you blameless till the day of our Lord Jesus . St Andrews . Your La : at all obedience in his sweet Lord & Master , S. R. To his very dear friend JOHN FENNICK . ( 33 ) Much honoured & dear friend . GRace , mercy & peace be to you : The necessary impediments of my calling have hitherto kept me from making a return to your letter , the heads whereof I shall now briefly answer . As. 1. I approve your going to the fountain , when your own Cisterne is dry : A difference there must be betwixt Christ's well & your borrowed water , & why but ye have need of emptiness & drving up , aswell as ve have need of the well ? want & a hole there must be in our vessel , to leave room to Christ's art ; his well hath it's own need of thirsty drinkers , to commend infinite love , which from eternity did brew such a cellar of living waters for us . Ye commend his free love ; & it 's well done : Oh if I could help you , & if I could be master-conveener to gather an earth-full & an heaven-full of tongues dipped and steeped in my Lord 's well of love or his wine of love , even tongues drunken with his love , to raise a song of praises to him , betwixt the East & West-end & furthest points of the broad heavens ! If I were in your case [ as alas ! my dry & dead heart is not now in that garden ] I would borrow leave to come & stand upon the banks & coasts of that sea of love , & be a feasted soul to see Love's fair tide , free Love's high and lofty waves , each of them higher then ten earths , flowing in upon pieces of lost clay : O welcome , welcome , great sea ! O if I had as much love for wideness and breadth , as twenty outmost shells and spheres of the heaven of heavens , that I might receive in a little flood of his free love ! Come , come , dear Friend , & be pained that the King's wine-cellar of free love & his banquetting house [ O so wide , so stately ! O so God-like , so glory-like ! ] should be so abundant , so overflowing , & your shallow vessel so little to take in some part of that love : but since it cannot come in you for want of room , enter your self in this sea of love , & breath under these waters , & die of love , & live as one dead & drowned of this Love. But why doe ye complain of waters going over your soul , & that the smoke of the terrors of a wrathfull Lord , doeth almost suffocate you & bring you to death's brink ? I know the fault is in your eyes , not in him ; it s not the rock that fleeth & moveth , but the green sailer : if your sense & apprehension be made judge of his love , there is a graven image made presently , even a changed God & a foe-God , who was once [ when ye washed your steps with butter , & the rock poured you out rivers of oyl , Iob. 29. 6. ] a friend-God : either now or never let God work ; ye had never since ye was a man , such a fair field for faith : for a painted hell & an apprehension of wrath in your father , is faith's opportunity to try what strength is in it : now give God as large a measure of charity as ye have of sorrow ; now see faith to be faith indeed , if ye can make your grave betwixt Christ's feet , & say , Though he should flay me , I will trust in him ; his beleeved love shall be my winding-sheet , & all my grave-cloaths ; I shall roll & sowe in my soul , my slain soul , in that web , his sweet & free love : & let him write upon my grave Here lieth a beleeving dead man , breathing out and making an hole in death's broad side , & the breath of faith cometh forth through the hole . See now if ye can overcome & prevail with God , & wrestle God's tempting to death & quit out of breath , as that renowned wrestler did , Hos 12. 3. And by his strength he had power with God. v. 4. Yea he had power over the Angel & prevailed . He is a strong man indeed who overmatcheth heaven's strength and the holy One of Israel , the strong Lord : which is done by a secret supply of divine strength within , wherewith the weakest being strengthned , overcome and conquer . It shall be great victory to blow out the flame of that furnace yeare now in , with the breath of faith : & when hell , men , malice , cruelty , falshood , Devils , the seeming glooms of a sweet Lord , meet you in the teeth , if ye then as a captive of Hope , as one fettered in Hope's prison , run to your strong hold , even from God glooming to God glooming , & beleeve the salvation of the Lord in the dark , which is your onely victory : your enemies are but pieces of malitious clay , they shall die as men & be confounded . But that your troubles are many at once , & arrows come in from all airths , from countrey , friends , wife , children , foes , estate , & right down from God who is the hope & stay of your soul , I confess is more & very heavy to be born ; yet all these are not more then Grace , all these bits of coals casten in your sea of mercy cannot dry it up : your troubles are many & great , yet not an ounce-weight beyond the measure of infinite wisdom , I hope , not beyond the measure of grace that he is to bestow ; for our Lord never yet brake the back of his childe , nor spilt his own work : nature's plastering & counterfit work he doeth often break in sheards , & putteth out a candle not lighted at the Sun of righteousness ; but he must cherish his own reeds & handle them softly , never a reed getteth a thrust with the Mediator's hand to lay together the two ends of the reed . O what bonds & ligaments hath our Chirurgion of broken spirits , to binde up all his lame & bruised ones with ! cast your disjoynted spirit in his lap , & lay your burden upon one who is so willing to take your cares & your fears off you , & to exchange & niffer your crosses , & to give you new for old & gold for iron , even to give you garments of praise for the spirit of heaviness . It 's true in a great part what ye write of this Kirk , that the letter of Religion onely is reformed & scarce that : I doe not beleeve out Lord will build his Zion in this land , upon this skin of Reformation : so long as our scum remaineth & our heart-idols are keeped , this work must be at a stand ; and therefore our Lord must yet sift this land and search us with candles ; and I know , he shall give and not sell us his Kingdom : his Grace and our remaining guiltiness must be compared , & the one must be seen in the glory of it and the other in the sinfulness of it : But I desire to beleeve and would gladly hope to see , that the glancing and shining luster of glory , coming from the diamonds and stones set in the crown of our Lord Jesus , shall cast rayes and beams many thousand miles about . I hope Christ is upon a great Marriage , and that his wooing and suting of his excellent Bride , doeth take it's beginning from us the ends of the earth . O what joy and what glory would I judge it , if my heaven should be suspended , till I might have leave to run on foot , to be a witness of that Marriage-glory , & see Christ put on the glory of his last married Bride and his last Marriage-love on earth , when he shall enlarge his love-bed and set it upon the top of the mountains , and take in the elder Sister , the Iewes , and the fulness of the Gentiles ! It were heaven's honour & glory upon earth , to be his lackey to run at his horse-foot and hold up the train of his Marriage-roberoyal , in the day of our high a●d royal Solomon's espousals . But O what glory to have a seat or ●e● in King Iesus his chariot , that is bottomed with gold & paved and lined over and floored within with Love , f● the daughters of Ierusalem ! Cant. 3. 10. To lie upon such a King's love , were a bed next to the flower of heaven's glory . I am sorry to hear you speak in your Letter , of a God an●ry at you , and of the sense of his indignation , which onely ariseth from suffering for Jesus , all that is now come upon you : Indeed apprehended wrath flameth out of such ashes as apprehended sin ; but not from suffering for Christ : But suppose ye were in hell for by-gones and for old debt , I hope ye ow Christ a great summe of charity to beleeve the sweetness of his love : I know what it is to sin in that kinde , it is to sin our [ if it were possible ] the unchangeableness of a Godhead out of Christ , & to sin away a lovely & unchangeable God. Put more honest apprehensions upon Christ , put on his own mask upon his face , and not your vail made of unbelief , which speaketh , as if he borrowed love to you , from you and your demerits & sinfull deservings . Oh no! Christ is man , but he is not like man ; he hath man's love in heaven , but it is lustered with God's love , & it is very God's love , ye have to doe with : When your wheels goe about , he standeth still : Let God be God and be ye a man , and have ye the deserving of man & the sin of one who hath suffered your Welbeloved to slip away , nay hath refused him entrance , when he was knocking till his head and locks were frozen : Yet what is that to him ? his book keepeth your name , and is not printed and reprinted and changed and corrected : And why but he should goe to his place & hide himself ? Howbeit his Departure be his own good work , yet the belief of it in that manner is your sin : But wait on till he return with Salvation and cause you rejoyce in the latter end . It is not much to complain : but rather beleeve then complain , and sit in the dust and close your mouth , till he make your sown light grow again ; for your afflictions are not eternal , Time will end them , & so shall ye at length see the Lord's salvation : his love sleepeth not , but is still in working for you , his Salvation will not tarry nor linger , & Suffering for him is the noblest cross that is out of heaven : Your Lord had the waile & choice of ten thousand other crosses beside this , to exercise you withall ; but his wisdom & his love wailed and choosed out this for you , beside them all , & take it as a choice one , & make use of it , so , as ye look to this world as your step-mother in your borrowed prison : For it is a love-look to heaven and the other side of the water , that God seeketh : & this is the fruit , the flower & bloom growing out of your cross , that ye be a dead man to time , to clay , to gold , to countrey , to friends , wife , children , & all pieces of created nothings , for in them there is not a seat nor bottom for your soul's love . O what room is for your Love [ if it were as broad as the sea ] up in heaven and in God! and what would not Christ give for your love ? God gave so much for your soul , & blessed are ye , if ye have a love for him & can call in your soul's love from all idols , and can make a God of God , a God of Christ & draw a line betwixt your heart and him . If your deliverance come not , Christ's presence and his beleeved love must stand as caution and surety for your deliverance , till your Lord send it in his blessed time : for Christ hath many Salvations , if we could see them : and I would think it better born comfort and joy that cometh from the faith of deliverance and the faith of his love , then that which cometh from deliverance it self . It is not much matter , if ye finde ease to your afflicted soul , what be the means , either of your own wishing , or of God's choosing ; the latter I am sure is best and the comfort strongest and sweetest : let the Lord absolutely have the ordering of your evils & troubles , and put them off you by recommending your cross and your furnace to him , who hath skill to melt his own mettall and knoweth well what to doe with his surnace : let your heart be willing that God's fire have your tin and brass and dross : to consent to want corruption is a greater mercy then many professors doe well know , and to refer the manner of God's Physick to his own wisdom , whither it be by drawing blood , or giving sugared drinks that cure sick folks without pain , it is a great point of faith ; and to beleeve Christ's cross to be a friend as he himself is a friend , is also a special act of faith : but when ye are over the water , this case shall be a yesterday past an hundred years ere ye were born , & the cup of glory shall wash the memory of all this away and make it as nothing : Onely now take Christ in with you under your yoke , and let patience have her perfect work , for this haste is your infimity . The Lord is rising up to doe you good in the latter end , put on the faith of his salvation & see him posting & hasting towards you . Sir , my employments being so great , hinder me to write at more length excuse me : I hope to be mindfull of you . I shall be obliged to your if ye help me with your prayers for this people , this College , & my own poor soul. Grace be with you . Remember my love to your wife . St Andrews . Feb. 13. 1640. Yours in Christ Iesus . S. R. To the much honoured PETER STIRLING . ( 34 ) Much honoured & worthy Sir. I Received yours , & cannot but be ashamed that mistaking love hath brought me in court & account in the heart of God's children , especially of another nation : I should not make a lye of the grace of God , if I should think I have little share of it my self : O how much better were it for me to stand in the counting table of many for a half-penny & to be estemed a liker rather than a lover of Christ ! If I were weighed , vanity should bear down the scale , as having weight in the ballance above me ; except my lovely Saviour should cast in beside me some of his borrowed worth ; & Oh if I were writing now sincerely in this extenuation , which may be & I fear is , subtile & coosening pride ! I would I could love something of heaven's worth in you & all of your mettall . O how happy were I , if I could regain & conquer back from the creature my sold & lost love , that I might lay it upon heaven's jewel , that ever , ever blooming flower of the highest garden , even my soul-redeeming & never-enoughprized Lord Jesus ! O that he would wash my love & put it on the Mediator's wheel & refine it from it's dross & tin , that I might propine & gift that Lord so love-worthy , with all my love ! Oh if I could set a lease of thousands of years & a suspension of my part of heaven's glory , & frist till a long day my desired salvation , sobeing I could in this lower kitchin & under-vault of his creation , be feasted with his love , & that I might be a footstool for his glory before men & Angels ! Oh if he would let out heaven's fountain upon withered me , dry & sapless me ! If I were but sick of love for his love [ & O how would that sickness delight me ! ] How sweet would that easing & refreshing pain be to my soul ! I shall be glad to be a witness to behold the Kingdom : of the world become Christ's : I could stay out of heaven many years to see that victorious triumphing Lord act that prophesied part of his soul-conquering love , in taking in to his Kingdom the greater Sister , that Kirk of the Iews , who sometimes courted our Welbeloved for her little Sister , Cant. 8 : 8. to behold him set up as an ensign & a banner of love to the ends of the world . And truly we are to beleeve that his wrath is ripe for the land of graven images , & for the falling of that mill-stone in the midst of the sea . Grace be with you . St Andrews March. 6. 1640. Yours in his sweet Lord Iesus , S. R. To the Lady FINGASK . ( 35. ) MADAM . GRace mercy & peace be to you : Though not acquainted , yet at the desire of a Christian , I make bold to write a line or two unto you by way of counsel [ howbeit I be most unfit for that ] I hear , and I blesse the father of lights for it , that ye have a spirit set to seek God , and that the posture of your heart is to look heaven-ward ; which is a work and cast of the Mediator Christ's right hand , who putteth on the heart a new frame , for the which I would have your La : to see a tye & bond of obedience laid upon you , that all may be done not so much from obligation of Law , as from the tye of free love ; that the law of ransom-paying by Christ may be the chief ground of all your obedience , seeing that ye are not under the Law but under Grace : withall know that unbeleef is a spiritual sin & so not seen by nature's light , & that all that Conscience saith is not Scripture : Suppose your heart bear witness against you for sins done long agoe ; yet because many have pardon with God , that have not peace with themselves , ye are to stand & fall by Christ's esteem & verdict of you & not by that which your heart saith : Suppose it may by accident be a good signe to be jealouse of your heavenly husband's love , yet it is a sinful sign : as there be some happy sins [ If may speak so ] not of themselves but because they are neighboured with faith and love : and so , worthy Lady , I would have you hold by this that the ancient love of an old husband standeth firm and sure , and let faith hing by this small threed , that he loved you before he laid the corner-stone of the world , & therefore , he cannot change his minde because he is God , and rests in his love ; neither is sin in you , a good reason wherefore ye should doubt of him , or think because sin hath put you in the courtesie and reverence of justice , that therefore he is wroth with you : Neither is it presumption in you to lay the burden of your salvation upon one mighty to save ; so being ye lay aside all confidence in your self-worth & righteousness . True faith is humble & seeth no way to escape but onely in Christ : And I beleeve ye have put an esteem & high price upon Christ : & they cannot but beleeve , & so be saved , who love Christ and to whom he is precious : for the love of Christ hath chosen Christ as a lover , & it were not like God , if ye should chuse him as your liking & he not chuse you again , nay he hath prevented you in that , for ye have not chosen him but he hath chosen you . O consider his loveliness & beauty , & that there is nothing which can commend & make fair , heaven or earth , or the creature , that is not in him , in infinite perfection , for fair sun and fair moon are black and think shame to shine before his fairness , Isa. 24 , 23. Base heavens & excellent Jesus : weak Angels , & strong & mighty Jesus : foolish angel-wisdom & onely wise Jesus : short-living creature & long living & everliving Ancient of dayes : miserable & sickly & wretched are these things that are within times circle & onely , onely blessed Jesus ! If ye can wynd-in in his love : [ and he giveth you leave ●o love him & allurements also ] what a second heaven's paradise , a young heaven's glory is it , to be hot & burned with fevers of love-sickness for him ? & the more your La : drink of this love , there is the more room & the greater delight & desire for this love : be homely & hunger for a feast & fill of his love , for that 's the borders & march of heaven : nothing hath a nearer resemblance to the colour & hew & lustre of heaven ; then Christ loved , & to breath out love-word , & love-sighs for him . Remember what he is : when twenty thousand millions of heavens lovers have worn their hearts threed-bare of love , all is nothing , yea less then nothing to his matchless worth & excellency : O so broad & so deep as the sea of his desireable loveliness is ! Glorified spirits , triumphing Angels , the crowned & exalted lovers of heaven , stand without his loveliness & cannot put a cricle on it . O if sin & time were from betwixt us , & that royall & King's love ! That high Majesty , eternitie's bloom & flower of high-lustred beauty might shine upon pieces of created spirits , & might bedew and overflow us who are portions of endless misery & lumps of redeemed sin : Alas what doe I ! I but spill & lose words in speaking highly of him , who will bide & be above the musick & songs of heaven , & never be enough praised by us all , to whose boundless & bottomless love I recommed your La : & am . St Andrews . March. 27. 1640. Your La : in Christ Iesus , S. R. To his reverend & dear Brother Mr DAVID DICKSON . ( 36 ) Reverend & dear Brother . YE look like the house whereof ye are a branch : the Cross is a part of the life rent that lieth to all the sons of the house . I desire to suffer with you , if I take a lift of your housetrial off you : but ye have preached it ere I knew any thing of God : your Lord may gather his roses , & shake his apples , at what season of the year he pleaseth ; each husbandman cannot make harvest when he pleaseth , as He can doe : ye are taught to know & adore his soveraignity which he exerciseth over you , which yet is lustered with mercy : the childe hath but changed a bed in the garden , & is planted up higher nearer the sun , where he shall thiivē better then in this out-held moor-ground : Ye must think your bold would not want him one hour longer , & since the 〈◊〉 of your loan of him was expired [ as it is , if ye read the ●eas● ] let him have his own with gain , as good reason were . I read on it an exaltation & a richer measure of grace , as the s●…t fruit of your cross : and I am bold to say , that , that College where your Master hath set you now , shall finde it . I am content that Chirst is so homely with my dear Brother David Dickson , as to borrow & lend , & take & give with him , & ye know what are called the visitations of such a friend , it ' s to come to the house & be homely with what is yours : I perswade my sel● upon his credit , he hath left drink-money , and that he hath made the house the better of him . I envie not his waking love ; who saw that this water was to be past through & that now the number of crosses lying in your way to glory , are fewer by one then when I saw you ; they must decrease : it is better then any ancient or modern commentary on your Text that ye preach upon in Glasgow : read and spell right , for he knoweth what he doeth , he is onely lopping & snedding a fruitfull tree that it may be more fruitfull . I congratulate heartily with you , his new welcome to your new charge . Dearest Brother , goe on & faint not , something of yours is in heaven , beside the flesh of your exalted Saviour , & ye goe on after your own : time 's threed is shorter by one inch then it was : an oath is sworn & past the seals ; whether afflictions will or not , ye must grow & swell out of your shell , & live & triumph & reign , & be more then conquerour , for your captain who leadeth you on , i● more then conquerour , and he makes you a partaker of his conquest and Victory . Did not love to you compell me , I would not fetch water to the well , & speak to one who knoweth b●…ter then I can doe , what God is doing with him . Remember my love to your wife , to Mr Iohn , & all friends there . Let us be helped by your prayers , for I cease not to make mention of you to the Lord as I dow . Grace be with you . St Andrews . May. 28. 16●0 . Yours in his sweet Lord Iesus , S. R. To my Lady BOYD. ( 37 ) MADAM . GRace , mercy & peace be to you : Impute it not to a disrespective forgetfulness of your La : who ministred to me in my bonds , that I write not to you : I wish I could speak or write what might doe good to your La : especially now , when I think ye cannot but have deep thoughts of the deep & bottomless wayes of our Lord , in taking away , with a sudden & wonderfull stroke your brethren & friends . Ye may know , all that die for sin , die not in sin , & that none can teach the Almighty knowledge , he answereth none of our Courts , & no man can say , What doest thou ? It 's true , your brethren saw not many summers ; but adore & fear the soveraignty of the great Potter , who maketh & marreth his clay-vessels when & how it pleaseth him . This under-garden is absolutely his own & all that groweth in it , his absolute liberty is law-biding , the flowers are his own , if some be but summer-apples he may pluck them down before others . O what wisdom is it to beleeve & not to dispute , to subject the thoughts to his Court & not to repine at any act of his justice ! He hath done it , all flesh be silent : it is impossible to be submissive & religiously patient if ye stay your thoughts down among the confused rollings & wheels of second causes , as , Oh the place ! Oh the time ! Oh if this had been , this had not followed ! Oh the linking of this accident with this time & place ! Look up to the Master-motion & the first wheel , see & read the decree of heaven & the Creator of men , who breweth death to his children & the manner of it : & they see far in a mill-stone , & have eyes that make a hole to see through the one side of a mountain to the other , who can take up his wayes : How unsearchable are his judgements , & his wayes past finding out ! His Providence halteth not , but goeth with even & equal legs : yet are they not the greatest sinners , upon whom tower of Siloam fell : was not time's lease expired , & the sand of heaven's sand-glass set by our Lord , run out ? Is not he an unjust debter who payeth due debt with chiding ? I beleeve , Christian Lady , your faith leaveth that much charity to our Lord's judgements , as to beleeve , how beit ye be in blood sib to that cross , that yet ye are exempted & freed from the gall & wrath that is in it . I dare not deny but ( Iob. 18 : 15. ) the King of terrors dwelleth in the wicked man's tabernacle : brimstone shall be scattered on his habitation : yet , Madam , it is safe for you to live upon the faith of his love , whose arrows are over-watered & pointed with love & mercy to his own , & who knoweth how to take you & yours out of the roll & book of the dead . Our Lord hath not the eyes of flesh in distributing wrath to the thousand generation without exception . Seeing ye are not under the Law , but under Grace & married to another husband : Wrath is not the Court that ye are liable to . As I would not wish , neither doe I beleeve , your La : doeth despise ; so neither faint : read & spell aright all the words & syllabes in the visitation , & miscall neither letter nor syllabe in it . Come along with the Lord , & see , & lay no more weight upon the Law then your Christ hath laid upon it : If the Law 's bill get an answer from Christ , the curses of it can doe no more : And I hope ye have resolved that if he should grind you to powder , your dust & powder shall beleeve his salvation : And who can tell what thoughts of love & peace our Lord hath to your children ? I trust he shall make them famous in excuting the written judgements upon the enemies of the Lord , this honour have all his saints , Psal. 149 : 9. & that they shall bear stones on their shoulders , for building that city that is called , Ezek. 46 : 35. The Lord is there : & happy shall they be who have a hand in the sacking of Babel , & come out in the year of vengeance for the controversy of Zion , against the land of graven images . Therefore , Madam , let the Lord make out of your father's house any work , even of judgement , that he pleaseth : What i● wrath to others , is mercy to you & your house . It is Faith's work to claim and challenge loving kindness out of all the roughest strokes of God. Doe that for the Lord , which ye will doe for time ; time will calme your heart at that which God hath done , & let our Lord have it now . What love ye did bear to friends now dead , seeing they stand now in no need of it , let it fall as just legacy to Christ. O how sweet to put out many strange lovers , & to put in Christ ! It is much for our half-slain affections to part with that which we beleeve we have right unto ; but the servant's will should be our will , & he is the best servant who retaineth least of his own will & most of his Master's . That much wisdom must be ascribed to our Lord , that he knoweth how to lead his own in-through and out-through the little time-hells and the pieces of time-during wraths in this life , & yet keep safe his love without any blurre upon the old & great seal of free Election : And seeing his mountains of brass , the mighty & strong decrees of free grace in Christ , stand sure , & the Covenant standeth fast for ever as the dayes of heaven , let him strike & nurture , his striking must be a very act of saving ; seeing strokes upon his secret ones , come from the soft & heavenly hand of the Mediatour , & his rods are steeped & watered in that flood & river of love that cometh from the God-man's heart of our soul-loving & soul-redeeming JESUS . I hope ye are content to frist the Cautioner of mankinde his own conquest , heaven , till he pay it you & bring you to a state of glory , where he shall never crook a finger upon , nor lift a hand to you again : And be content , & withall greedily covetous of Grace , the interest & pledge of Glory . If I did not beleeve your crop to be on the ground , & your part of that heaven of the saints heaven , white & ruddy , fair , fair & beautifull Jesus , were come to the bloom & the flower , & near your hook I would not write this ; but seeing time ' threed is short , & ye are upon the entry of heaven's harvest , & Christ the field of heaven's glory is white & ripe-like , the losses that I write of to your La : are but summer-showers that will onely wet your garments for an hour or two , and the Sun of the new Ierusalem shall quickly dry the wet coat ; especially seeing rains of Affliction cannot stain the image of God or cause Grace cast the colour : And since ye will not alter upon him , who will not change upon you , I durst in weakness think my self no spiritual Seer , if I should not prophesie , that day-light is neer when such a morning-darkness is upon you & that this trial of your Christian minde towards him whom ye dare not leave howbeit he should slay you , shall close with a doubled mercy . It is time for faith to hold fast as much of Christ as ever ye had & to make the grip stronger & to cleave closer to him , seeing Christ loveth to be beleeved in & trusted to : The glory of laying strength upon one that is mighty to save , is more then we can think : That piece of service of beleeving in a smiting Redeemer is a precious part of obedience . O what glory to him to lay over the burden of our heaven upon him that purchased for us an eternal Kingdom ! O blessed soul who can adore & kiss his lovely , free Grace . The rich grace of Christ be with your spirit . St. Andrews . Octob. 15. 1640. Yours at all obedience in Christ Iesus , S. R. To AGNES MCMATH . ( 38 ) Dear Sister . IF our Lord hath taken away your childe , your lease of him is expired , & seeing Christ would want him no longer , it is your part to hold your peace , & worship & adore the soveraignty & liberty that the potter hath over the clay & pieces of clay-nothings that he gave life unto : And what is man to call & summond the Almighty to his lower Court down here ? For he giveth account of none of his doings : And if ye will take a loan of a childe & give him back again to our Lord , laughing , as his borrowed goods should return to him , beleeve he is not gone away , but sent before , & that the change of the countrey should make you think , he is not lost to you who is found to Christ , & that he is now before you , & that the dead in Christ shall be raised again : A going down star is not annihilat , but shall appeare again : If he have casten his bloom & flower , the bloom is fallen in heaven in Christ's lap ; And as he was lent a while to Time , so is he given now to Eternity , which will take yourself : And the difference of your shipping & his , to heaven & Christ's shore , the land of life , is onely in some few years , which weareth every day shorter , & some short & soon-reckoned summers will give you a meeting with him ; but what ? with him ? ●●y , with better company , with the chief & leader of the heavenly troups that are riding on white horses , that are triumphing in glory . If Death were a sleep that had no wakening , we might sorrow : But our Husband shall quickly be at the bed-sides of all that lie sleeping in the grave , & shall raise their mortal bodies . Christ was Death's Cautioner , who gave his word to come & loose all the clay-pawnes & set them at his own right hand , & our Cautioner , Christ , hath an Act of Law-surety upon Death to render back his captives : And that Lord Jesus , who knoweth the turnings & windings that is in that black trance of Death , hath numbered all the steps of the stair up to heaven ; he knoweth how long the turnpike is or how many pair of stairs high it is , for he ascended that way himself . Rev. 1 : 18. I was dead & am alive . & now he liveth at the right hand of God , and his garments have not so much as a smell of death . Your afflictions smell of the childrens case , the bairns of the house are so nurtured , & Suffering is no new life , it is but the rent of the sons , bastards have not so much of the rent : take kindly & heartsomly with his cross , who never yet slew a ehilde with the cross : He breweth your cup , therefore drink it patiently & with the better will : Stay & wait on , till Christ loose the knot that fasteneth his cross on your back , for he is coming to deliver : & I pray you , Sister , learn to be worthy of his pains who correcteth , & let him wring , & be ye wa●hen , for he hath a father's heart & a father's hand who is training you up & making you meet for the high hall . This School of Suffering is a preparation for the King 's higher house : & let all your visitations speak all the letters of your Lord summonds : they cry . 1. O vain World ! 2. O bitter Sin ! 3 O short & uncertain Time ! 4. O fair Eternity ; that is above sickness & Death ! 5. O Kingly & Princely Bridegroom ! Hasten Glorie's Marriage , shorten Time's short-spun & soon-broken threed , & conquer Sin ! 6. O happy & blessed Death , that golden bridge laid over by Christ my Lord betwixt Time's clay-banks & heaven's shore ! & the Spirit & the Bride say Come , & answer ye with them , Even so , come Lord ●esus ! Come quickly ! Grace be with you . St Andrews . Octob. 15. 1640. Your brother in his sweet Lord Iesus , S. R. To Mr MATHEW MOWAT . ( 39 ) Reverend & dear Brother . WHat am I to answer you ? Alas ! my books are all bare & shew me little of God : I would fain goe beyond books in to his house of love , to see himself . Dear Brother , neither ye nor I , are parties worthy of his love or knowledge . Ah! how hath sin bemisted & blinded us that we cannot see him ? But for my poor s●lf , I am pained & like to burst , because he will not take down the wall , & fetch hi● uncreated beauty , & bring his matchless , white & ruddy face out of heaven one's errand , that I may have heaven meeting me ere I goe to it , in such a wonderfull sight : ye know that Majesty & Love doe humble , because homely love to sinners dwelleth in him with Majesty : Ye should give him all his own court-stiles , his high & heaven-names . What am I to shape conceptions of my highest Lord ? How broad & how high & how deep he is above & beyond what these conceptions are , I cannot tell : but for my own weak practice [ which alas ! can be no rule to one so deep in love-sickness with Christ as ye are ] I would fain adde to my thoughts & esteem of him , & make him more high , & would wish an heart & love ten thousand times wider then the outmost circle & curtain that goeth about the heaven of heavens , to entertain him in that heart & with that love . But that which is your pain , my dear Brother , is mine also , I am confounded with the thoughts of him : I know God is casten [ if I may speak so ] in a sweet mould & lovely image , in the person of that heaven's jewel , the man Christ , & that the steps of that steep ascent● stair to the Godhead is the flesh of Christ , the new & living way ; & there is footing for faith in that curious Ark of the humanity : therein dwelleth the Godhead married upon our Humanity . I would be in heaven , suppose I had not another errand , but to see that dainty golden Ark & God personally looking out at ears & eyes & a body such as we sinners have , that I might wear my sinfull mouth in kisses on him for evermore : & I know all the Three blessed Persons should be well pleased , that my piece of faint & created love should first coast upon the man Christ ; I should see them all through him . I am called from writing by my great imployments in this town , & have said nothing : but what can I say of him : Let us goe & see . St Andrews . 1640. Yours in his sweet Lord Iesus , S. R. To my Lady KENMURE . ( 40 ) MADAM . GRace , mercy & peace be to your La : I am heartily sorry that your La : is deprived of such an husband , & the Lord's Kirk of so active & faithfull a friend . I know your La : long agoe made acquaintance with that wherein Christ will have you joyned in a fellowship with himself , even with his own Cross , & hath taught you to stay your soul upon the Lord's goodwill , who giveth not account of his matters to any of us : When he hath led you through this water that was in your way to glory , there are fewer behinde : & his order in dismissing us , & sending us out of the market , one before another , is to be reverenced . One year's time of heaven shall swallow up all sorrows , even beyond all comparison : What then will not a duration of blessedness so long as God shall live fully and abundantly recompense ? It is good that our Lord hath given a debter obliged by gracious promises , for more in Eternity then Time can take from you : & I beleeve , your La : hath been now many years advising & thinking what that Glory will be which is abiding the pilgrims & strangers on the earth , when they come home , & which we may think of , love & thirst for , but we cannot comprehend it , nor conceive of it as it is , far less can we over-think or over-love it . O so long a Chapter , or rather , so large a Volume , as Christ is in that Divinity of Glory ! There is no more of him let down now to be seen & enjoyed by his children , but as much as may feed hunger in this life , but not satisfie it . Your La : is a debter to the Son of God's Cross , that is wea●ing out love and affiance in the creature , out of your heart by degrees : or rather , the obligation standeth to his free grace , who careth for your La : in this gracious dispensation , and who is preparing & making ready the garments of Salvation for you , & who calleth you with a new name that the mouth of the Lord hath named , & purposeth to make you a crown of glory & a royal diadem in the hand of your God. Isa. 62. 2. 3. Ye are obliged to frist him more then one heaven , & yet he craveth not a long day , it is fast coming & is sure payment . though ye gave no hire for him , yet hath he given a great price & ransom for you : & if the bargain were to make again , Christ would give no less for you then what he hath already given ; he is far from ruing . I shall wish you no more till Time be gone out of the way , then the earnest of that which he hath purchased & prepared for you , which can never be fully preached , written or thought of , since it hath not entered into the heart to consider it . So recommending your La : to the rich grace of our Lord Jesus , I am & rests St Andrews Your La : at all respective observance in Christ Iesus , S , R. To Mistress TAYLOR . ( 41 ) MISTRESS . GRace , mercy & peace be to you : Though I have no relation worldly or acquaintance with you , yet ( upon the testimony & importunity of your Elder son now at London , where I am , but chiefily because I esteem Jesus Christ in you to be in place of all relations ] I make bold in Christ to speak my poor thoughts to you concerning your Son lately fallen asleep in the Lord [ who was some time under the ministery of the worthy servant of Christ , my fellow-labourer Mr Blair , and by whose ministery I hope he reaped no small advantage ] I know , grace rooteth not out the affections of a mother , but putteth them on his wheel who maketh all things new , that they may be refined , therefore sorrow for a dead childe is allowed to you , though by measure & ounce-weights ; the redeemed of the Lord have not a dominion or Lordship over their sorrow & other affections , to lavish out Christ's goods at their pleasure ; for ye are not your own , but bought with a price , & your sorrow is not your own , nor hath he redeemed you by halves ; & therefore ye are not to make Christ's cross no cross : He commandeth you to weep , & that Princely one who took up to heaven with him a man's heart , to be a compassionat high priest , became your fellow & companion on earth by weeping for the dead Ioh. 11 : 35. And therefore ye are to love that cross , because it was once on Christ's shoulders before you ; so that by his own practice he hath overguilded and covered your cross with the Mediator's lustre : The cup ye drink was at the lip of sweet Jesus , & he drank of it , & so it hath a smell of his breath : And I conceive ye love it not the worse that it is thus sugared , therefore drink & beleeve the resurrection of your Son's body : If one coal of hell could fall off the exalted head Iesus , Jesus the Prince of the Kings of the earth , & burn me to ashes , knowing I were a partner with Christ , & a fellow-sharer with him [ though the unworthiest of men ] I think I should die a lovely death in that fire , with him : The worst things of Christ , even his cross , have much of heaven from himself , & so hath your Christian sorrow , being of kin to Christ's in that kinde : If your sorrow were a Bastard , & not of Christ's house [ because of the relation ye have to him in conformity with his death & sufferings ] I should the more compassionat your condition ; but kinde & compassionat Jesus , at every sigh ye give for the loss of your now-glorified childe [ so I beleeve , as is meet ] with a man's heart cryeth halfe mine . I was not a witness to his death , being called out or the Kingdom ; but ye shall credit these whom I doe credit ( & I dare not lye ) he died comfortably : It is true he died before he did so much service to Christ on earth , as I hope & heartily desire your Son Mr Hugh [ very dear to me in Jesus Christ ] shall doe : But that were a reall matter of sorrow , if this were not to counterballance it , that he hath changed service-houses , but hath not changed services or master Rev. 22 : 3. And there shall be no more curse , but the throne of God & of the Lamb shall be in it , & his servants shall serve him . What he could have don in this lower house , he is now upon that same service in the higher house , & it is all one , it is the same service & the same Master , onely there is a change of conditions : And ye are not to think it a bad bargain for your beloved son , where he hath gold for copper & brass , Eternity for Time. I beleeve Christ hath taught you [ for I give credit to such a witness of you as your Son Mr Hugh ] not to sorrow because he died : All the knot must be , he died too soon , he died too young , he died in the morning of his life , this is all ; but soveraignity must silence your thoughts : I was in your condition , I had but two children , & both are dead since I came hither : The supream and absolut former of all things giveth not an account of any of his matters : The good husband-man may pluck his roses , & gather in his lilies at midsummer , & for ought I dare say , in the beginning of the first summer-moneth : & he may transplant young trees out of the lower-ground to the higher , where they may have more of the sun & a more free air , at any season of the year : what is that to you or me : The goods are his own . The Creator of time & winds did a mercifull injurie [ if I dare borrow the word ] to nature , in landing the passenger so early . They love the sea too well , who complain of a fair wind & a desirable tide , and a speedy coming ashore , especially a coming ashore in that land where all the inhabitants have everlasting joy upon their heads : He cannot be too earely in heaven : His twelve hours were not short hours : And withall if ye consider this , had ye been at his bed-side , and should have seen Christ coming to him , ye would not , ye could not have adjourned Christ's free love , who would want him no longer : And dying in an other land where his mother could not close his eyes , is not much : who closed Mose's eyes ? And who put on his winding-sheet ? For ought I know , neither father nor mother nor friend , but God onely : And there is as expedite , fair & easie a way betwixt Scotland & heaven , as if he had died in the very bed he was born in : The whole earth is his father's : Any corner of his father's house is good enough to die in . It may be , the living childe ( I speak not of Mr. Hugh ) is more grief to you then the dead : Ye are to wait on , if at any time God shall give him repentance : Christ waited as long possibly on you & me , certainly longer on me : & if he should deny repentance to him , I could say some thing to that ; but I hope better things of him : It seemeth that Christ will have this world your step-dame : I love not your condition the wo●se , it may be a proof that ye are not a childe of this lower house , but a stranger : Christ seeth it not good onely , but your onely good , to be lead thus to heaven : & think this a favour , that he hath bestowed upon you , Free , free grace , that is , mercy without hire , ye paid nothing for it : And who can put a price upon any thing of Royal and Princely Jesus Christ ? And that God hath given to you to suffer for him the spoiling of your goods , esteem it as an act of free grace also : Ye are no loser , having himself : And I perswade my self , if ye could prize Christ , nothing could be bitter . to you . Grace , grace be with you . London : 1645. Your Brother & Well-wisher , S. R. To BARBARA HAMILTON . ( 42 ) Worthy Friend . GRace be to you : I doe unwillingly write unto you of that which God hath done concerning your son in law ; onely , I beleeve ye look not below Christ and the higest and most supream act of providence , which moveth all wheels : And certainly what came down enacted & concluded in the great book before the throne , & signed & subscribed with the hand which never did wrong , should be kissed & adored by us : we see God's decrees , when they bring forth their fruits , all actions , good & ill , sweet & sowre in their time ; But we see not presently the after-birth of God's decree , to wit , his blessed end & the good that he bringeth out of the womb of his holy & spotless counsel : we see his working , & we sorrow : The end of his counsel & working lieth hidden & underneath the ground , & therefore we cannot beleeve : Even amongst men , we see hewen stones , timber & an hundred scattered parcels & pieces of an house , all under-tools , hammers & axes & saws ; yet the house , the beauty & ease of so many lodgings & ease-rooms , we neither see nor understand for the present : these are but in the minde & head of the builder as yet : wee see red earth , unbroken clods , furrows & stones ; but we see not summer-lilies , roses , & the beauty of a garden : If ye give the Lord time to work [ as often he that beleeveth not , maketh haste , but not speed ] his end is under the ground , & ye shall see it was your good that your Son hath changed dwelling-places , but not his Master : Christ thought good to have no more of his service here , yet Rev. 22 : 3. His servants shall serve him : He needeth not us or our service , either in earth or in heaven : But ye are to look to him , who giveth the hireling both his leave & his wages for his naked aim & purpose to serve Christ , as well as for his labours : It is put up in Christ's account , such a labourer did sweat fourty years in Christ's vineyard , howbeit he got not leave to labour so long , because he who accepteth of the will for the deed , counteth so : None can teach the Lord to lay an account : He numbereth the drop of rain , & knoweth the stars by their names : It would take us much studying to give a name to every star in the firmament , great or small . See Lev. 13 : 13. And Aaron held his peace : Ye know his two Sons were ●●ain , whilst they offered strange fire to the Lord : Command your thoughts to be silent : If the souldiers of Newcasile had done this , ye might have stomacked , but the weapon wa in another hand : Hear the rod what it preacheth , & see the name of God , M●… . 6. 9. And know that there is somewhat of God & Heaven in the ●od : The Majesty of the unsearchable & bottomless wayes & judgements of God is not seen in the rod , & the seeing of them r●quireth the eyes of the man of wisdom . If the sufferings of some other with you in that loss could ease you , ye want them not : But He can doe no wrong , he cannot halt , his goings are equal who hath done it . I know our Lord aimeth at more mortification : let him not come in vain to your house , & lose the p●ins of a mercifull visite : God , the founder , never melteth in vain ; howbeit to us , he seemeth often to lose both fire & mettall : But I know yeare more in this work then I can be : There is no cause to faint or weary . Grace be with you , & the rich consolations of Jesus Christ sweeten your cross & support you under it . I rest . London , Octob. 15. 1645. Yours in his Lord & Master , S. R. To Mis●ress HUME . ( 43. ) Loving Sister . GRace , mercy & peace be to you ; If ye have any thing better then the husband of your youth , ye are Jesus Christ's de●ter for it : Pay not then your debts with grudging : Sorrow may diminish from the sweet fruit of righteousness ; but quietness , silence , submission & faith , put a crown upon your sad losses : ye know whose voice the voice of a crying rod is . Micah . 6. 9. The name & majesty of the Lord is written on the rod , read & be instructed : Let Christ have the room of the husband , he hath now no need of you or of your love ; for he enjoyeth asmuch of the love of Christ as his heart can be capable of : I confess it is a dear-bought experience to teach you to undervalue the creature ; yet it is not too dear if Christ think it so . I know that the disputing of your thoughts against his going thither , the way & manner of his death , the instruments , the place , the time , will not ease your spirit , except ye rise higher then second causes , & be silent because the Lord hath done it : If we measure the goings of the Almighty & his wayes , the bottom whereof we see not , we quite mistake God : O how little a portion of God see we ! He is far above our ebbe & narrow thoughts : He ruled the world in wisdom , ere we creatures of yesterday were born , & shall rule it when we shall be lodging beside the worms & corruption : Onely , learn heavenly wisdom , self-deniall & mortification by this sad loss : I know that it is not for nothing ( except ye deny God to be wise in all he doeth ) that ye have lo● one in earth : There hath been too little of your love & heart in heaven , & therefore the jealousie of Christ hath done this : It is a mercy that he contendeth with you & all your lovers : I should d●sire no greater savour for my self , then that Christ laid a necessity & took on such bonds upon himself ; Such an one I must have , & such a soul I cannot live in heaven without . Ioh. 10. 16. And beleeve it , it is incomprehensible love , that Christ saith , If I enjoy the glory of my father , & the crown of heaven far above men & Angels , I must use all means , though never so violent , to have the company of such an One , for ever & ever : If with the eyes of wisdom , as a childe of wisdom , ye justifie your mother The wisdom of God [ whose childe ye are ] ye shall kiss & embrace this loss , & see much of Christ in it : Beleeve & submit , & referre the income of the consolations of Jesus , & the event of the trial to your heavenly father , who numbereth all your hairs : And put Christ in his own room in your Love : It may be he hath either been out of his own place , or in a place of love inferiour to his worth : Repair Christ in all his wrongs done to him , & love him for a husband , & he is a husband to the widdow shall be that to you , which he hath taken from you . Grace be with you . London . Octob. 15. 1645. Your sympath Zing Brother . S. R. To BARBARA HAMILTON . ( 44 ) Loving Sister . GRace , mercy & peace be to you : I have heard with grief , that Newcastle hath taken one more , in a bloody account , then before ; even your Son in Law , & my friend . But I hope ye have learned that much of Christ , as not to look to wheels rolled round about on earth : Earthen vessels are not to dispute with their Former : peices of sinning-clay may by reasoning & contending with the Potter , mar the work of him , who hath his fire in Zion and his furnace in Jerusalem , as bullocks sweating & wrestling in the furrow make their yoke more heavie : In quietness & rest ye shall be saved : If men doe any thing contrary to our heart , we may ask both who did it ? And what is done ? And why ? When God hath done any such thing we are to enquire who hath done it ? And to know that this cometh from the Lord , who is wonderfull in counsel : but we are not to ask what ? or why ? If it be from the Lord [ as certainly their is no evil in the city without him Amos. 3. 6. ] it is enough the fairest face of his spotless way is but coming , & ye are to beleeve his works aswell as his word . Violent death is a sharer with Christ in his death , which was violent : it maketh not much what way we goe to heaven : the happie home is all , where the roughness of the way shall be forgotten : He is gone home to a friend's house and made welcome , and the race is ended : Time is recompensed with eternity , and copper with gold : God's order is in wisdom , the husband goes home before the wife , and the throng of the marker shall be over ere it be long , and another generation where we now are , and at length an emptie house , and not one of mankinde shall be upon the earth within the sixth part of an hour after the earth and the works that are therein shall be burnt up with fire : I fear more that Christ is about to remove when he carrieth home so much of his plenishing before hand : we cannot teach the Almighty knowledge : when he was directing the bullet against his servant , to fetch out the soul , no wise man could cry to God , Wrong , wrong Lord , for he is thine own : There is no mist over his eyes who is wonderfull in counsel : If Zion be builded with your son in law's blood , the Lord [ deep in counsel ] can glew together the stones of Zion with blood , and with that blood which is precious in his eyes : Christ hath fewer labourers in his vineyard then he had ; but some moe witnesses for his cause and the Lord's Covenant with the three Nations . What is Christ's gain is not your loss : Let not that which is his holy and wise will be your unbeleeving sorrow : Though I really judge I had interest in his dead servant ; yet because he now liveth to Christ , I quite the hops I had of his succesfull labouring in the ministery : I know he now praiseth the grace that he was to preach : And if there were a better thing on his head now in heaven then a crown , or any thing more excellent then heaven , he would cast it down before his feet , who sitteth on the throne : Give glory therefore to Christ as he now doeth , and say , Thy will be done . The grace and consolation of Christ be with you . London . Nov : 15. 1645. Yours in his sweet Lord Iesus , S. R. To the vicountesse of KENMURE . ( 45 ) MADAM . GRace , mercy & peace be to your La : though Christ lose no time ; yet when sinfull men drive his chariot , the wheels of 〈◊〉 chariot move slowly : The woman Zion as soon as she travelled brought forth her children , yea Isa. 66 : 7. before she travelled she brought f●rth , before her pain came she was delivered of a man-childe : Yet the deliverance of the people was with the woman's going with childe seventy years , that is more then nine moneths : There be many oppositions in carrying on the work ; but I hope the Lord will build his own Zion , & evidence to us that it is done not by might not by power , but by the Spirit of the Lord. Madam , I have heard of your infirmities of body & sickness : I know the issue shall be mercy to you , & that God's purpose , which lieth hidden underground to you , is , to commend the sweetness of his love , & care to you from your youth : And if all the sad losses , trials , sicknesses , infirmities , griefs , heaviness & inconstancie of the creature , be expounded [ as sure I am they are ] the rods of the jealousie of an husband in heaven , contending with all your lovers on earth ( though there were millions of them ) for your love , to fetch more of your love home to heaven , to make it single , unmixt & chast to the fairest in heaven & earth , to Jesus the Prince of ages , ye will forgive [ to borrow that word ] every rod of God , & not let the Sun goe down on your wrath against any messinger of your afflicting & correcting Father . Since your La : cannot but see , that the mark at which Christ hath aimed at , these twenty four years and above , is , to have the company & fellowship of such a sinfull creature in heaven with him for all eternity , and because he will not ( such is the power of his love ) enjoy his father's glory and that crown due to him by eternall generation , without you by name , Ioh. 17 : 24. Ioh. 10 : 16. Ioh. 14 : 3. Therefore Madam beleeve no evil of Christ : Listen to no hard reports that his rods make of him to you : He hath loved you & washed you from your sins , & what would ye have more ? Is that too little , except he adjourne all crosses till ye be where ye shall be out of all capacity to sigh or to be crossed ? I hope ye can desire no more , no greater , nor more excellent sute , then Christ & the fellowship of the Lamb for evermore : And if that desire be answered in heaven ( as I am sure it is , & ye cannot denie but it is made sure to you ) the want of these poor accidents of a living husband , of many children , of an healthfull body , of a life of case in the world , without one knot in the rush , are nobly made up & may be comfortably born . Grace , grace be with your La : London . October . 16. 1645. Your La : at all obedience in Christ. S. R. To a Christian friend upon the death of his wife . ( 46 ) Worthy friend . I Desire to suffer with you in the loss of a loving & good wife , now gone before , [ according to the method & order of him of whose understanding there is no searching out ] whither ye are to follow : He that made yesterday to goe before this day , & the former generation , in birth & life , to have been before this present generation , & hath made some flowers to grow and die & wither in the moneth of May , & others in Iune , cannot be challenged in the order he hath made of things without souls : And some order he must keep also here , that one might bury another : Therefore I hope ye shall be dumb & silent because the Lord hath done it : what creatures or under-causes doe in sinfull mistakes , are ordered in wisdom by your Father , at whose feet your own soul & your heaven lieth , & so the dayes of your wife . If the place she hath left were any other then a prison of sin , & the home she is gone to , any other then where her ●ead & Saviour is King of the land , your grief had been more rationall ; But I trust your faith of the resurrection of the dead in Christ , to glory & immortality , will lead you to suspend your longing for her , till the morning & dawning of that day , when the Archangel shall descend with a shout , to gather all his prisoners out of the grave up to himself : To beleeve this is best for you , & to be silent because he hath done it , i● your wisdom : It is much to come out of the Lord's School of trial , wiser & more experienced in the wayes of God : And it is our happiness , when Christ openeth a veine , he taketh nothing but ill blood from his sick ones : Christ hath skill to doe ( and if our corruption mar not ) the art of mercy in correcting : we cannot of our selves take away the tin , the lead & the scum that remaineth in us : And if Christ be not Master-of-work , & if the furnace goe it's alone , he not standing nigh the melting of his own vessel , the labour were lost & the founder should melt in vaine : God knoweth some of us have lost much fire , sweating & pains to our Lord Jesus , & the vessel is almost marred , the furnace & rod of God spilt , & day-light burnt , & the reprobat mettall not taken away , so as some are to answer to the Majesty of God for the abuse of many good crosses & rich afflictions lost without the quiet fruit of righteousness : And it is a sad thing when the rod is cursed that never fruit shall grow on it , & except Christ's d●w fall down , & his summer-sunshine , & his grace follow afflictions , to cause them bring f●rth fruit to God , they are so fruitless to us that our evil ground [ rank & fat enough for briers ] casteth up a crope of noisome weeds : The rod [ as the prophet saith , Ezek 7 : 10 , 11. ] blossometh , pride buddeth forth , violence riseth up into a rod of wickedness , & all this hath been my case under many rods since I saw you . Grace be with you . London 1645. Yours in his sweet Lord Iesus , S. R. To a Christian Brother . ( 47 ) Reverend & beloved in the Lord. IT may be I have been too long silent , but I hope ye will not impute it to forgetfulness of you . As I have heard of the death of your daughter with heaviness of minde on your behalf , so am I much comforted , that she hath evidenced to your self & other witnesses , the hope of the resurrection of the dead : as sown corn is not lost [ for there is more hope of that which is sown , then of that which is eaten . 1 Cor. 15. 42. ] so also is it in the resurrection of the dead ; the body is sown in corruption , it is raised in incorruption ; it is sown in dishonour , it is raised in glory . I hope ye wait for the crope & harvest , 1 Thess. 4. 14. For if we beleeve that Iesus died & rose again , even so also them which sleep in Iesus will God bring with him : then they are not lost who are gathered in to that Congregation of the first-born & the General Assembly of the Saints : though we cannot outrun nor overtake them that are gone before , yet we shall quickly follow them , & the difference is , that she hath the advantage of some moneths or years of the Crown , before you & her mother : & we doe not take it ill , if our children outrun us in the life of grace , why then are we sad if they outstrip us in the attainment of the life of glory ? It would seem that there is more reason to grieve that childrē live behinde us , then that they are glorified & die before us : all the difference is in some poor hungry accidents of-time , less or more , sooner or later : so the godly childe , though young , died of an hundred years old : & ye could not now have bestowed her better , though the choise was Christ's , not yours : & I am sure , Sir , ye cannot now say , she is married against the will of her parents ; she might more readily , if alive , fall in the hand of a worse husband , but can ye think that she could have fallen in the hands of one better ? and if Christ marry with your house , it is your honour not any cause of grief , that Jesus should portion any of yours ere she enjoy your portion , is it not great love ? the patrimony is more then any other could give as good a husband is unpossible ; to say a better , is blasphemy . The King & Prince of ages can keep them better then ye can doe : while she was alive , ye could intrust her to Christ & recommend her to his keeping , now by an after-faith ye have resigned her unto him , in whose bosom doe sleep all that are dead in the Lord : ye would havelent her to glorifie the Lord upon earth , & he hath borrowed her [ with promise to restore her again , 1 Cor. 15 : 53. 1 Thess. 4 : 15. 16 : ] to be an organ of the immediate glorifying of himself in heaven : sinless glorifying of God is better then sinfull glorifying of him . And sure your prayers concerning her are fulfilled : I shall desire , if the Lord shall be pleased the same way to dispose of her mother , that ye have the same minde : Christ cannot multiply injuries upon you , if the fountain be the love of God ( as I hope it is ) ye are enriched with losses . Ye know all I can say , better , before I was in Christ , then I can express it . Grace be with you . London . Jan. 6. 1646. Yours in Christ Iesus , S. R. To a Christian Gentlewoman . ( 48 ) MISTRESS . GRace , mercy & peace be to you : If Death , which is before you & us all , were any other thing but a friendly dissolution , & a change , not a destruction of Life , it would seem a hard voyage to goe through such a sad & dark trance , so thorny a valley , as is the wages of sin : but I am confident , the way ye know , though your foot never trode in that black shadow : the loss of life is gain to you : if Christ Jesus be the period , the end & lodging-home at the end of your journey , there is no fear ye goe to a friend : & since ye have had a communion with him in this life , & he hath a pawne & pledge of yours , even the largest share of your love & heart , ye may look Death in the face with joy : If the heart be in heaven , the remnant of you cannot be kept the prisoner of the second Death . But though he be the same Christ in the other life , ye found him to be here , yet he is so far in his excellency , beauty , sweetness , irradiations & beams of Majesty , above what he appeared here , when he is seen as he is , that ye shall misken him , & he shall appear a new Christ , & his kisses , breathings , embracements , the perfume ; the oyntment of his name poured out on you , shall appear to have more of God , & a stronger smell of heaven , of eternity , of a Godhead , of Majesty & glory there , then here : As water at the fountain , apples in the orchard & beside the tree , have more of their native sweetness , taste & beauty , then when transported to us some hundred miles . I mean not that Christ can lose any of his sweetness in the carrying , or that he in his Godhead and lovileness of presence , can be changed to the worse , betwixt the little spot of the earth ye are in , and the right hand of the father far above all heavens ; but the change will be in you , when ye shall have new senses , and the soul shall be a more deep & more capacious vessel to take in more of Christ ; and when means , the chariot , the Gospel that he is now carried in , and ordinances that conveigh him , shall be removed : sure ye cannot now be said to see him face to face , or to drink of the wine of the highest fountain , or to take in seas and tides of fresh love , immediately , without vessels , mids's or messengers , at the fountain it self , as ye shall doe a few dayes hence : when ye shall be so near as to be with Christ , Luk. 23 : 43 , Ioh , 17 : 24. Phil. 1 : 23. 1 Thess. 4 : 17. ye would no doubt bestow a dayes journey , yea , many dayes journey on earth , to goe up to heaven and fetch down any thing of Christ : how much more may ye be willing to make a journey , to goe in person to heaven [ it is not lost time , but gained eternity ] to enjoy the full Godhead , & then in such a manner as he is not there in his week-dayes apparel , as he is here with us , in a drop or the tenth part of a night's dewing of grace & sweetness , but he is there in his Marriage-robe of glory , richer , more costly , more precious , in one hem or button of that garment of fountain-majesty , then a million of worlds . O the well is deep ! ye shall then think that Preachers & sinfull Ambassadors on earth , did but spill & mar his praises , when they spoke of him and preached his beauty . Alas ! we but make Christ black & less lovely , in making such insignificant & dry & cold & low expressions of his highest and transcendent super-excellency , to the daughters of Ierusalem . Sure , I have often for my own part sinned in this thing : No doubt , Angels doe not fulfill their task according to their obligation , in that Christ kept their feet from falling with the lost Devils , though I know they are not behinde in going to the utmost of created power : but there is sin in our praising , & sin in the quantity , besides other sins : but I must leave this , it is too deep for me : Goe & see & we desire to goe with you : But we are not masters of our own diet . If in that last journey ye tread on a serpent in the way , & thereby wound your heel , as Jesus Christ did before you , the print of the wound shall not be known at the resurrection of the just . Death is but an aw●om step over Time & Sin to sweet Jesus Christ , who knew & felt the worst of Death , for Death's teeth hurt him : We know Death hath no teeth now , no jaws , for they are broken : it is a free prison , Citizens pay nothing for the Grave , the Jaylor who had the power of Death is destroyed , praise & glory be to the first begotten of the dead . The worst possibly that may be , is , that ye leave behinde you , children , husband , & the Church of God in miseries ; but ye cannot get them to heaven with you for the present , ye shall not miss them , & Christ cannot miscount one of the poorest of his lambs : no lad , no girle , no poor one shall be a missing , ere ye see them again , in the day that the Son shall render up the Kingdom to his Father . The evening & the shadow of every poor hireling is coming , the Church of Christ's Sun in this life is declining Low , not a soul of the Militant company will be here within few Generations , our Husband will send for them all . It is a rich mercy , we are not married to Time longer then the course be finished . Ye may rejoyce that ye goe not to heaven till ye know that Jesus is there before you , that when ye come thither , at your first entry ye may finde the smell of his oyntments , his Myrrhe , Aloēs & Cassia : and this first salutation of his will make you finde , it is no uncomfortable thing to die . Goe and enjoy your gain , live on Christ's love while ye are here , and all the way , as for the Church ye leave behinde you , the Government is upon Christ's shoulders , and he will plead for the blood of his Saints : The bush hath been burning above five thousand years & we never yet saw the ashes of this fire : yet a little while & the vision shall not tarry , it shall speak & not lye . I am more afraid of my duty , then of the Head , Christ's government , he cannot fail to bring judgement to victory . O that we could wait for our hidden life ! O that Christ would remove the covering , draw aside the curtain of time , and rent the heavens & come down ! O that shadows & night were gone , that the day would break , & he that feedeth among the lilies would cry to his heavenly trumpetters , marke ready , let us goe down & fold together the four corners of the world & marry the Bride . His grace be with you . Now if I have found favour with you & if ye judge me faithfull , my last sute to you is , that ye would leave me a legacy , & that is , that my name be at the very last in your prayers , as I desire also it may be in the prayers of these of your Christian Acquaintance with whom ye have been intimate . London . Jan. 9. 1646. Your Brother in his own Lord Iesus , S. R. To my Lady KENMURE . ( 49 ) MADAM . GRace , mercy & peace be to you : It is the least of the princely & royal bounty of Jesus Christ , to pay a King's debts & not to have his servants at a loss : his gold is better then yours , & his hundred fold is the in-come & rent of heaven & far above your revenues : ye are not the first who have casten up your accounts that way : better have Christ your factor then any other , for he tradeth to the advantage of his poor servants . But if the hundred fold in this life be so well told , as Christ cannot pay you with miscounting or deferred hope , O what must the rent of that Land be , which rendereth every day , & every hour of the years of long Eternity , the whole rent of a year , yea , of more then thousand thousands of ages , even the weighty in-come of a rich Kingdom , not every summer once , but every moment ! That summe of glory will take you & all the Angels telling . To be a Tennant to such a Land-lord , where every berry & grape of the large field beareth no worse fruit then glory , fulness of joy & pleasures that endure for evermore , I leave it to your self to think what a summer , what a soil , what a garden , must be there , and what must be the commodities of that highest Land , where Sun & Moon are under the feet of the inhabitants : Surely the Land cannot be bought with gold , blood , banishment , loss of father & mother , husband , wife , children : We but dwell here because we can doe no better ; it is need , not vertue , to be sojourners in a prison ; to weep & sigh , & Alas ! to sin 60 or 70 years in a land of tears : the fruits that grow here are all seasoned & salted with sin . O how sweet is 't that the company of the first born should be divided in two great bodies of an Army , & some in their countrey , & some in the way to their countrey ! If it were no more but to see once the face of the Prince of this good land , & to be feasted for eternity with the fatness , sweetness , dainties of the rayes & beams of matchless glory & incomparable fountain-love , it were a well spent journey to creep , hands & feet , through seven deaths & seven hells , to enjoy him up at the well-head . Onely let us not weary , the miles to that Land are fewer & shorter then when we first beleeved : strangers are not wise to quarrel with their Host & complain of their lodging ; it 's a foul way , but a fair home . O that I had but such grapes & clusters out of the Land , as I have sometime seen & tasted in the place where of your La : maketh mention ! but the hope of it in the end is a heartsom convoy in the way : if I see little more of the gold till the race be ended , I dare not quarrel : it is the Lord : I hope his chariot shall goe through these three Kingdoms , after our suffering shall be accomplished . Grace be with you . London . Jan. 26. 1646 Your La : in Iesus Christ , S. R. To Mr I. G. ( 50 ) Reverend & dear Brother I shall with my soul desire the peace of these Kingdoms , & I doe beleeve , it shall at last come as a river & as the mighty waves of the sea ; but O that we were ripe & in readiness to receive it ! The preserving of two or three or four or five berries in the outmost boughs of the Olive-tree after the vintage , is like to be a great matter ere all be done : yet I know , a Cluster in both Kingdoms shall be saved , for a blessing is in it : but it is not [ I fear ] so near to the dawning of the day of Salvation , but that the clouds must send down moe showers of blood , to water the vineyard of the Lord , & to cause it to blossom . Scotland's scum is not yet removed , nor is England's dross & tin taken away , nor the filth of our blood purged by the spirit of judgement & the spirit of Burning . But I am too much on this sad subject . As for my self , I doe esteem nothing out of heaven and next to a communion with Jesus Christ , more , then to be in the hearts & prayers of the saints : I know , he feedeth there amongst the lies till the day break : but I am at a low ebbe , as to any sensible communion with Christ , yea , as low as any soul can be , & doe scarce know where I am , & doe now make it a Question , If any can goe to him who dwelleth in light inaccessible through nothing but darkness ? Sure , all that come to heaven have a stock in Christ , but I know not where mine is : It cannot be enough for me to beleeve the Salvation of others , & to know Christ to be the honey-comb , the Rose of Sharon , the Paradise & Eden of the Saints & first-born written in heaven , & not to see afar the borders of that good land : But what shall I say ? Either this is the Lord making grace a new creation , where there is pure nothing & sinfull nothing to work upon , or I am gone . I should count my soul ingaged to your self & others there with you , if ye would but carry to Christ for me a letter of ciphers & non-sense [ for I know not how to make language of my condition ] onely showing that I have need of his love ; for I know , many fair & washen ones stand now in white before the throne , who were once as black as I am . If Christ pass his word to wash a sinner , it is less to him then a word to make fair Angels of black Devils : Onely let the art of free Grace be ingaged . I have not a Cautioner to give Surety , nor doeth a Mediator , such as he is in all perfection , need a Mediator : But what I need , he knoweth : onely , it is his depth of wisdom to let some pass millions of miles over score in debt , that they may stand between the winning & the losing , in need of more then ordinary free grace . Christ hath been multiplying Grace & Mercy above these sive thousand years , & the latter born heirs have so much greater guiltiness , that Christ hath passed moe experiments & multiplied essays of heart-love on others , by misbeleeving , after it is past all question many hundreds of ages , that Christ is the undeniable & now uncontroverted Treasurer of multiplied redemptions ; so now he is saying , The more of the disease there is , the more of the Physician 's art of Grace & tenderness , there must be : Onely I know , no sinner can put infinite Grace to it , so as the Mediator shall have difficultie or much adoe to save this or that man : Millions of hells of sinners cannot come near to exhaust infinite Grace . I pray you [ remembring my love to your wife & friends there ] let me finde that I have Sollicitors there amongst your acquaintance , and forget not Scotland . London . Jan. 30. 1646. Your Brother in Iesus Christ , S. R. To my Lady KENMURE . [ 51 ] MADAM . IT is too like , the Lord's controversie with these two Nations is but yet beginning , & that we are ripened & white for the Lord's sickle . For the particular condition your La : is in , another might speak , ( if they would say all ) of more sad things . If there were not a fountain of free Grace to water the dry ground & an uncreated wind to breath on withered & dry bones , we were gone . The wheels of Christ's Chariot to pluck us out of the womb of many deaths , are winged like Eagles . All I have , is , to desire to beleeve that Christ will show all good-will to save , & as for your La : I know that the Lord Jesus carrieth on no design against you , but seeketh you to save & redeem you : He lieth not in wait for your fall's , except it be to take you up : His way of redeeming is ravishing & taking : There are moe miracles of glorified sinners in heaven , then can be on the earth . Nothing of you , Madam , nay not your leaf can wither : Verily it is a King's life to follow the Lamb : But when ye see him in his own countrey at home , ye will think ye never saw him before : He shall be admired of all them that beleeve , 2 Thess 1 : 10. Ye may judge how far all your now sad dayes & tossings , changes , losses , wants conflicts , shall then be below you . Ye look to the Cross , now it 's above your head & seems to threaten Death as having a Dominion ; but it shall then be ●o far below your thoughts , or your thoughts so far above it , that ye shall have no leisure to lend one thought to old-dated crosses , in youth , in age , in this countrey or in that , from this instrumet or from another , except it be to the heightning of your consolation ; being now got above & beyond all these . Old age & waxing old as a garment is written on the fairest face of the Creation , Psal. 102 : 26 , 27. Death from Adam to the second Adam's appearance playeth the King & reigneth over all , the prime heir died , his children which the Lord hath given follow him ; & we may speak freely of the life which is here , were it heaven , there were not much gain in godliness : but there a is a rest for the people of God , Christ-man possesseth it now 1600. years before many of his members , but it weareth not out . Grace be with you . London . Febr. 16. 1646. Your La : in his sweet Lord , S. R. To the Lady ARDROSS . ( 52 ) MADAM . GRace , mercy & peace be to you : It hath seemed good [ as I hear ] to him who hath appointed a bounds for the number of our moneths , to gather-in a sheaf of ripe corn [ in the death of your Christian Mother ] into his garner : It 's the more evident that winter is near , when apples without violence of wind , doe of their own accord fall off the tree . She is now above the winter , with a little change of place , not of a Saviour , onely she enjoyeth him now without messages & in his own immediat presence , from whom she heard by letters & messengers before . I grant , Death is to her a very new thing , but Heaven was prepared of old : & Christ , as enjoyed in his highest throne & as loadē with glory & incomparably exalted above men & Angels , having such a heavenly Circle of glorified harpers & Musicians above , compassing the throne with a song , is to her a new thing ; but so new , as the first summer-rose or the first fruits of that heavenly field , or as a new Paradise to a traveller broken & worn out of breath with the sad occurrences of a long & dirty way . Ye may easily judge , Madam , what a large recompence is made to all her service , her walking with God , & her sorrows , with the first cast of the soul's eye upon the shining & admirably beautifull face of the Lamb that is in the midst of that fair & white Army that is there , & with the first draught & taste of the fountain of life fresh & new at the well-head : To say nothing of the enjoying of that face without a date , for more then this terme of life which we now enjoy . And it cost her no more to goe thither , but to suffer Death to doe her this piece of service : For by him who was dead & is alive , she was delivered from the second death : What then is the first death to the second ? Not a scratch of the hide of a singer , to the endless second death . And now she ●itteth for eternity meal-free , in a very considerable Land , which hath more then four summers in the year : O what Spring-time is there ! Even the smelling of the odours of that great & eternally blooming Rose of Sharon for ever & ever ? What a singing life is there ? There is not a dumb bird in all that large field , but all sing & breath out heaven , joy , glory , dominion , to the high Prince of that new found Land. And verily the Land is the sweeter , that Jesus Christ payed so dear a rent for it , & he is the glory of the Land. All which , I hope , doeth not so much mitigate & alley your grief for her part [ & truely this should seem sufficient ] as the unerring exprctation of the dawning of that day upon your self , and the hope ye have the the fruition of that same King and Kingdom to your own soul : Certainly , the hope of it when things look so dark-like on both Kingdoms , must be an exceeding great quickning to languishing spirits , who are far from home while we are here . What misery to have both a bad way all the day , & no hope of lodging at night ? But He hath taken up your lodging for you . I can say no more now but I pray that the very God of peace may establish your heart to the end . I rest . London . Febr. 24. 1646. MADAM . Your La : at all respective obedience in the Lord. S. R. To M. O. ( 53 ) Sir. I can write nothing for the present concerning these times [ what ever others may think ] but that which speaketh wrath & judgement to these Kingdoms . If ever ye , or any of that Land received the Gospel in truth [ as I am confident , ye and they did ] there is here a great departure from that faith , and our sufferings are not yet at an end . However , I dare testifie and die for it , that once Christ was revealed in the power of his excelency and glory to the saints there , and in Scotland , of which 〈◊〉 was a witness . I pray God , none dceeive you or take the crown from you : Hell or the gates of Hell cannot ravel , mar , or undoe what Christ hath once done amongst you . It may be that I am uncapable of new light , & cannot receive that Spirit [ whereof some vainly boast ) but that which was from the beginning which we have heard , which we have seen with our eyes , which we have looked upon , & our hands have handled , even the word of life , 1 Ioh. 1 : 2 , 3. hath been declared to you : Thousands of thousands walking in that light & that good old way , have gone to heaven & are now before the throne : Truth is but one , & hath no numbers . Christ & Antichrist are both now in the camp , & are come to open blowes : Christ's poor ship saileth in a sea of blood , the passengers are so sea-sick of a high fever , that they miscall one another , Christ [ I hope ] shall bring the broken bark to land : I had rather swim for life & death on an old plank , or a brokē board , to land with Christ , then enjoy the rotten peace we have hitherto had . It is like , the Lord will take a severe course with us , to cause the children of the family agree together . I conceive that Christ hath a great designe of free grace to these Lands ; but his wheels must move over mountains & rocks : He never yet wooed a Bride on earth , but in blood , in fire , & in the wilderness . A cross of our own chusing , honeyed & sugared with consolations , we cannot have : I think not much of a cross when all the children of the house weep with me & for me , & to suffer when we enjoy the communion of Saints , is not much ; but it is hard when Saints rejoyce in the suffering of Saints & redeemed ones hurt , yea , even goe nigh to hate redeemed ones . I confess , I imagined there had no more been such an affliction on earth , or in the world , then that one elect Angel should fight against another : but for contempt of the communion of Saints , we have need of new-born crosses , scarce ever heard of before : the saints are not Christ , there is no misjudging in him , there is much in us , & a doubt it is , if we shall have fully one heart till we enjoy one heaven : our star-light hideth us from our selves , & hideth us one from another , & Christ from us all ; but he will not be hidden from us . I shall wish that all the sons of our father in that Land be of one minde , & that they be not shaken nor moved from the Truth once received : Christ was in that Gospel , & Christ is the same now that he was in the Prelates time : That Gospel cannot sink , it will make you free & bear you out . Christ , the subject of it , is the chosen of God , & cometh from Bozrah , with garments dyed in blood . Ireland & Scotland both must be his field in which he shall feed & gather lilies : suppose [ which yet is impossible ] that some had an eternity of Christ in Ireland , & a sweet summer of the Gospel , & a feast of fat things for evermore in Ireland , & one should never come to heaven , it should be a desirable life ; the King's spikenard , Christ's perfume , his apples of love , his oyntments , even down in this lower house of clay , are a choice heaven : O what then is the King in his own land ! where there is such a throne , so many Kings palaces , ten thousand thousands of crowns of glory that want heads yet to fill them : O so much leisure as shall be there to sing ! O such a tree as groweth there in the midst of that paradise , where the inhabitants sing eternally under it's branches ! To look in at a window & see the branches burdened with the apples of life , to be the last man that shall come in thither , were too much for me . I pray you remember me to the Christians there & remember our private Covenant . Grace be with you . London April 17. 1646. Your friend in the Lord Iesus , S. R. To EARLESTOWN Elder . ( 54 ) Sir. I Know ye have learned long agoe , ere I knew any thing of Christ , that if we had the Cross at our own election , we would either have law-surety for freedom from it , or then we would have it honeyed & sugared with comforts , so , as the sweet should over-master the gall & wormwood . Christ knoweth how to breed the sons of his house , & ye will give him leave to take his own way of dispensation with you , & though it be rough , forgive him : he defieth you to have as much patience to him , as he hath born to you . I am sure , there cannot a dram-weight of gall be less in your cup , & ye would not desire , he sould both afflict you & hurt your soul. When his people cannot have a Providence of silk & roses , they must be content with such an one as he carveth out for them : ye would not goe to heaven but with company , & ye may perceive that the way of these who went before you , was through blood , sufferings , & many afflictions : Nay , Christ , the Captain , went in over the door-threshold of Paradise , bleeding to death . I doe not think but ye have learned to stoop , though ye ( as others ) be naturally stiff , & that ye have found that the apples & sweet fruits which grow on that crabbed tree of the Cross are as sweet as it is so ●re to bear it ; especially considering that Christ hath born the whole compleat Cross , & his Saints bear but bits & chipes , as the Apostle saith The remnants or leavings of the Cross. I Judge you ten thousand times happy that ever ye was Grace's debter , for certainly Christ hath ingaged you over head & ears to free Grace , & take the debt with you to Eternity , Immanuel's . highest land , where ye finde before you a house-full of Christ's everlasting debters ; the less shame to you . Yea , & this lower Kingdom of Grace is but Christ's Hospital & Guest-house of sick folks , whom the brave & noble Physician Christ hath cured upon a venture of life & death . And if ye be near the water-side [ as I know ye are ] all that I can say is this , Sir , that I feel by the smell of that land which is before you , that it 's a goodly Countrey , & it is well payed-for to your hand , & he is before you who will heartily welcome you . O to suck these breasts of full consolation above , & to drink Christ's new wine up in his father's house , is some greater matter then is beleeved ! since it was brewed from eternity for the head of the house , & so many thousand crowned Kings : Rubs in the way where the lodging is so good are not much . He that brought again from the dead the great Shepherd of the sheep , by the blood of the eternal Covenant , establish you to the end . London May 15. 1646. Your friend and servant in Christ Iesus , S. R. To his reverend & worthy Brother Mr G. GILLESPIE . ( 55 ) Reverend & dear Brother . I Cannot speak to you : the way ye know the passage is free & not stopped , the print of the footsteps of the fore-runner is clear & manifest , many have gone before you : Ye will not sleep long in the dust before the day break : it is a far shorter piece of the hinder-end of the night to you , then to Abraham & Moses , beside all the time of their bodies resting under curruption , it is as long yet to their day as to your morning light of awaking to glory ; though their spirits having the advantage of yours , have had now the fore-start of the shore before you . I dare say nothing against his dispensation : I hope to follow quickly : The heirs that are not there before you , are posting with haste after you , & none shall take your lodging over your head . Be not heavy , the life of faith is now called for : doing was never reckoned in your accounts , ( though Christ in & by you hath done more , then by twenty , yea an hundred gray-haired & godly Pastors ) beleeving now is your last : Look to that word : Gal. 2 : v. 20. Nevertheless I live , yet not I , but Christ liveth in me : Ye know the I that liveth , & the I that liveth not : It is not single Ye that liveth , Christ by law liveth in the broken debter : It is not a life by doing or holy walking , but the living of Christ in you : If ye look to your self as divided from Christ , ye must be more then heavy : All your wants [ dear Brother ] be upon him , ye are his debter , Grace must summe & subscribe your accounts as paid : stand not upon Items , & small or little Sanctification : ye know , inherent Holiness must stand by , when imputed is all . I fear the clay-house is a-taking down & undermining ; but it is nigh the dawning , look to the East , the dawning of glory is near : your Guide is good company & knoweth all the miles & the up's & down's in the way ; the nearer the morning , the darker . Some traveller seeth the city 20 miles off & at a distance ; & yet within the eight part of a mile , he cannot see it . It is all keeping , that ye would now have , till ye need it : & if sense & fruition come both at once , it is not your loss : let Christ tutour you as he thinks good ; ye cannot be marred nor miscarry in his hand . Want is an excellent qualification , & no money , no price , to you [ who , I know , dare not glory in your own righteousness ] is ritness warrantable enough to cast your self upon him who justifieth the ungodly . Some see the gold once , & never again till the race's end : it is coming all in a summe together , when ye are in a more gracious capacity to tell it then now . Ye are not come to the mount that burneth with fire , nor unto blackness , darkness & tempest ; but ye are come to mount Zion , unto the city of the living God , the heavenly Ierusalem , & to an innumerable company of Angels , to the general Assembly & Church of the first-born , which are written in heaven , & to God the Iudge of all , & the Spirits of just men made perfect , & to Iesus the Mediator of the new Covenant , & to the blood of sprinkling , &c. Ye must leave the wife to a more choice husband , & the children to a better father . If ye leave any testimony to the Lord's work & Covenant , against both Malignants & Sectaries [ which I suppose may be needfull ] let it be under your hand & subscribed before faithfull witnesses . St Andrews . Sept. 27. 1648. Your loving & afflicted Brother , S. R. To Mistress GILLESPIE . ( 56 ) Dear Sister . I have heard how the Lord hath visited you in removing the childe Archibald . I hope ye see the setting down of the weight of your confidence & affection upon any created thing , whether husband or childe , is a deceiving thing , & that the Creature is not able to bear your weight , but sinketh down to very nothing under your confidence : and therefore ye are Christ's debter for all providences of this kinde , even in that he buildeth an hedge of thorns in your way , for so ye see , his gracious intention is to save you [ If I may say so ] whether ye will or not . It is a rich mercy that the Lord Christ will be Master of your will and of all your delights , and that his way is so fair for the landing of husband & children before-hand in the countrey wherherto ye are journeying . No matter , how little ye be ingaged to the world , since ye have such experience of cross-dealing in it : had ye been a childe of the house , the world would have dealt more warmly with it's own : there is less of you out of heaven that the childe is there and the husband is there , but much more that your Head and Kinsman & Redeemer doeth fetch home such as are in danger to be lost : & from this time forward , fetch not your comforts from such broken cisterns & dry wells : if the Lord pull at the rest , ye must not be the creature that shall hold when he draweth . Truly to me your case is more comfortable , then if the fire-side were well plenished with ten children : the Lord saw ye was able by his grace to bear the loss of husband and childe , & that ye are that weak and tender as not to be able to stand under the mercy of a gracious husband living , & flourishing in esteem with Authority , and in reputation for Godliness and Learning : for he knoweth the weight of these mercies would crush you and break you : and a there is no searching out of his understanding , so he hath skill to know what providence will make Christ dearest to you : and let not your heart say , it is an ill wa●led dispensation : sure Christ who hath seven eyes , had before him , the good of a living husband and children for Margaret Murray , & the good of a removed husband and children translated to glo●y ; now he hath opened his decree to you : say , Christ hath made for me a wise and gracious choice , and I have not one word to say on the contrary . Let not your heart charge any thing , or Unbeleef libell injuries upon Christ ; because he will not let you alone , nor give you leave to play the idolatress with such as have not that right to your love that Christ hath . I should wish , at the reading of this that ye may fall down and make a surrender of these that are gone and these that are yet alive , to him : and for you , let him have all , and wait for himself , for he will come & will not tarry : live by faith , and the peace of God guard your heart : he cannot die whose ye are . My wife suffers with you & remembreth her love to you . St Andrews . August . 14. 1649 Your brother in Christ , S. R. To the worthy & much honoured Collonel G. KER . ( 57 ) Much honoured & truely worthy . I hope I shall not need to shew you that ye are in greater hazard from yourself and your own spirit , which would be watched over [ that your actings for God may be clean , spirituall , purely for God , for the Prince of the Kings of the earth ] then ye can be in danger from your enemies . O how hard is it to get the intentions so cut off from , and raised above the creature , as to be without mixture of creature and carnall-interests , & to have the soul in heavenly actings onely , onely eveing himself and acting from love to God revealed to us in Jesus Christ ! Ye will finde your self , your delights , your solid glory [ far above the air & breathings of mouths , & the thin , short , poor applauses of men ] before you in God. All the creatures , all the swords , all the hosts in Britain and in this poor glob of the habitable world , are but under him single ciphers making no number , the product being nothing , & but painted men & painted swords in a brod , without influence from him : And O what of God is in Gideon's sword when it is the sword of the Lord ! I wish a sword from heaven to you , & orders from heaven to you to goe out , & as much peremptorinesse of a heavenly will , as to say & abide by it , I will not , I shall not goe out , except thou goe with me . I desire not to be rash in judging , but I am a stranger to the minde of Christ , If our Adversaries who have unjustly invaded us be not now in the camp of these that make war with the Lamb ; but the lamb shall overcome them at length , for he is the Lord of Lords and King of Kings , & they who are with him are called & chosen & faithfull : & though ye & I see but the dark side of God's dispensations this day towards Britain , yet the fair beautifull & desireable close of it must be the confederacie of the nations of the world with Britain's Lord of Armies : & let me die in the cōforts of the faith of ●●i , that a throne shall be set up for Christ in this Island of great Britain [ which is & shall be a garden more fruitfull of trees of righteousness , & payeth & shall pay moe thousands to the Lord of the vineyard then is paid in thrice the bounds of great Britain upon the earth ] And then there can be neither Papist , Prelate , Caval●er , Malignant , nor Sectarie who dare draw a sword against him , that sitteth upon the throne . Sir , I shall wish a clean Army so far as may be , that the shout of a King , who hath many crowns , may be among you , & that ye may fight in faith and prevail with God first . Think it your glory to have a sword to act , & suffer , and die ( if it please him ) so being ye may adde any thing to the declarative glory of Christ , the plant of renown , Immanuel God with us : Happy & thrice blessed are they by whose actings , or blood , or pain , or loss ; the diadems & rubies of his highest & glorious crown ( whose ye are ) shall gli●ter and shine in this quarter of the habitable world : Though he need not Gilbert Ker nor his sword ; yet this honour have ye with his redeemed souldiers , to call Christ High Lord General , of whom ye hope for pay , and all areers well told : Goe on worthy Sir , in the courage of faith , following the Lamb , make not haste unbeleevingly ; but in hope & silence keep the watch tower & look out , he will come in his own time , his salvation shall not tarry , he shall place salvation in Britain's Zion , for Israel his glory . His good will who dwelt in the bush & it burnt not , be yours , & with you , I am . St Andrews . August . 10. 1650. Yours in his sweet Lord Iesus , S R. To the worthy & much honoured , Collonel G. KER . ( 58 ) Much honoured & worthy Sir. WHat I wrote to you before I spake not upon any private warrant : I am where I was , Cromwell and his [ I shall not say but there may be , & are , severall sober & godly amongst them , who have either joyned through misinformation , or have gone alongst with the rest in the simplicitie of their hearts , not knowing any thing ] fight in an unjust cause , against the Lord's secret ones : & now to the trampling of the worship of God & persecuting the people of God in England & Ireland , he hath brought upon his score , the blood of the people of God in Scotland : I intreat you , Dear Sir , as ye desire to be serviceable to Jesus Christ , whose free grace prevented you , when ye were his enemy , goe on without fainting , equally eschewing all mixture with Sectaries & Malignants , neither of the two shall ever be instrumentall to save the Lords people , or build his house : And without prophesying or speaking further then he whose I am , & whom I desire to serve in the Gospel of his son , shall warrant ; I desire to hope , & doe beleeve there is a glory , & a majesty of the Prince of the Kings of the earth , that shall shine & appear in great Britain , which shall Darken all the glory of men , confound Sectaries & Malignants , & rejoyce the spirits of the followers of the Lamb , & dazle the eyes of beholders . Sir , I suppose that God is to gather Malignants & Sectaries ere all be done , as sheaves in a barn-floor ; & to bid the Daughter of Zion arise & thresh : I hope ye will mix with none of them : I am aboundantly satisfied that our Armie through the sinfull miscarriage of men hath fallen , & dare say , it is a better & a more comfortable dispensation , then if the Lord had given us the victory and the necks of the reproachers of the way of God , because he hath done it : For. 1. More blood , blasphemies , cruelty , treachery , must be upon the accounts of the men , whose land the Lord forbade us to invade . 2. Victory is such a burdening & weighty mercy , that we have not strength to bear it as yet . 3. That was not the Army nor Gideon's three hinderth , by whom he is to save us . We must have one of the Lord's carving . 4. Our enimies on both sides , are not enough hardned nor we enough mortified to multitude , valour , & Creatures . Grace grace be with you . St Andrews . Sept. 5. 1650. Your friend & servant in his sweet Lord Iesus , S. R. To the worthy & much honoured Collonel G. KER . ( 59 ) Much honoured & worthy Sir. IT is considerable ; that the Lord may , & often doeth call to a work , & yet hide himself , & try the faith of his own : If I conceive aright , the Lord hath called you to act against that enemy , & the withdrawers of their sword , in my weak apprehension , adde their seale unto , & take upon them the guilt of that unjust invasion of this Land , made by Cromwel's Army , & of the blood of the Lord's people in this Kingdom ; since the sword put into the hand of his Children is to execute wrath & vengeance upon evil doers : the Lord's time of appearing for his broken Land , is reserved to the breathings of the Spirit of the Lord , such as came upon Gideon & Sampson , & that is an Act of princely & royal soveraignity in God : Ye are , Sir , to lay hold on opportunities of providence & to wait for him . As for your parcular treating by your selves with the invaders of our land , I have no minde to it , & doe look upon their way as a carriyng on of the mystery of iniquity [ for Babylon is a seat of many names ] Sir , let this controversie stand undecided till the second appearance of Jesus Christ , & our Appeal lye before the throne undiscussed till that day : I hope to lie down in the grave , in the faith of the justnesse of our cause : I speak nothing of the mantaining the greatnesse of men , not subordinate to the Prince of the Kings of the earth : I Judge that the blood of the witnesses of Jesus is found upon the skirts of this society ; asweel as in Babylons skirts : I beleeve the way of the Lord is Col : Gilbert Ker's strength , & glory , & should be countent to want my part of him ( which is , I confesse , precious & dear in Christ ) so , he be spent in the service of him , who will anone make inquisition for the blood of the truely godly , which these men have shedafter fair warning that they were the godly of Scotland . Worthy Sir , beleeve , faint not , set your shoulder under the glory of Jesus , that is misprised in Scotland , & give a testimony for him , he hath many names in Scotland who shall walk with him in white : This despised Covenant shall ruine Malignants , Sectaries & Atheis●s : Yet a little while & behold he cometh , & walketh in the greatnesse of his strength , & his garments dyed with blood . Oh for the sad & terrible day of the Lord upon England , their ships of Tarshish , their fenced Cities , &c. because of a broken Covenant ! A conference with the & enemy , not to hinder Acting [ O that the Lord would thereby or some other way remove the cloud that is over you ] if authority would concurre , were to be desired , but it can hardly be exspected ; however in the way of duty & in the silence of faith goe on , if ye perish , ye are the first of the creation with whom the Lord hath taken that dispensation . I should humbly advise you Sir , to look to that , Dying & behold we live , killed all the day long , & yet more then conquerours . There shall be the heat & warmenesse of life in your graves , & buried bones : But look not for the Lord 's coming the higher way onely , for he may come the lower way : O how little of God doe we see , & how mysterious is he ! Christ known is amongst the greatest secrets of God : Keep your self in the love of God , & in order to that , as far in obedience & subjection to the King ( whose salvation & true happinesse my soul desireth ) & to every ordinance of man for the Lord's sake , & to the foundamentall lawes of this kingdom , as your Lord requireth . Sir , ye are in the hearts & prayers of the Lord's people in this kingdom , & in the other two : The Lord hath said , There is a blessing in the cluster of graps , destroy it not . Grace , grace be upon the head of him that is separated from his brethren , & the goodwill of him that dwelt in the bush be with you . Perth 23. Nov. 1650. Your servant in his sweet Lord Iesus , S. R. To the worthy & much honoured , Collonel G. KER . ( 60. ) Much honoured & worthy Sir. I know not why the people of God should not take notice of the bonds of any , who have blood in readinesse to be let out for his cause : And I judge it was not of you , that ye died not in the undecided controversie , which the Lord of the whole earth hath with the men , whom he hath sent against us . Dear & much honoured in the Lord , Let me intreat you to be far from the thoughts of leaving this Land : I see it , & finde it , that the Lord hath covered the whole land with a cloud in his anger ; but though I have been tempted to the like , I had rather be in Scotland , beside angry Jesus Christ , knowing he mindeth no evil to us ; then in any Eden or garden in the earth : If we can remain united with the Lord's remant in the land , he layeth up wrath for all sort of Adversaries in Britain : Though I never see the glory of his glistering sword shining in Britain , I would be solaced in the innocent thoughts [ far from revenge ] that the saints shall dip their feet in the blood of the s●ain of the Lord : & truely Sir , I suppose , ye cannot but come to these thoughts & weak desires , before the hearer of prayers , for as little as ye think of , & value your self : for me , if I could minde you in your bonds , I purpose not to stand to the account ye give , or thoughts ye have , of your self ; though I know ye are not in a whit more or lesse before him ( who weigheth his own according to the weight of imputed righteousnesse , ] for my apprehensions . Christ cannot mistake you men may , & the calculation & esteem of free grace maketh you to be what ye are . I hope to see you an everlastingly obliged debter to him , whom ye shall praise , but never pay : And truely , ye have no riches but that debt , and I know ye Love to be ingaged to Jesus Christ , the most excellent of creditors : much joy & sweetnesse may ye have in standing written in his book : I desire to doe it my self , & I would have you also , highly to esteem the designe of Christ , who hath raised the riches of the glory of so much grace , above the Circle of the heaven of heavens out of very nothings , & contrived his thoughts of love , so , that ' lumps of glorified clay , should stand before him for all ages , the burdenes & loaden debters of free , eternally free grace . Sir , ye cannot cast the count of the rents of your so great inheritance of glory . Grace be with you . Edinb : May. 18. 1651. Your servant in his own Lord Iesus , S. R. [ To the much honoured & truely worthy , Collonel G. KER . Habakuk 2 : 3 , 4. ( 61. ) Much honoured & worthy Sir. YOur chains now shine as much for Christ , the cause being his , as your sword was made famous in acting for that cause : And blessed are such as can willingly tender to Christ both action & blood , doing & suffering : Resisting unto blood is little for that precious & never-enough exalted Redeemer , who when ye were a buying , gave blood somewhat dearer then ye gave for him , even the blood of God , Act. 20 : 28. I know a man who upon the receit of a letter that ye were killed , & the people of God destroyed , wished that he might be quickly under the wall of the higher palace , from under the dint of the storm , & who longed to have the weather-beaten & crazie bark safely landed in that harbour of eternall quietnesse . What further service Christ hath for you I know not , it is enough , in that your captivity ye offer your service to Christ ; but if I see any thing it looks like a mercifull defeat . I see the Nobles & the State falling off from Christ , & the night coming upon the Prophets , which we would pray to prevent , because it is a rare thing to see a fallen star win ever up again to the firmament to shine : And what if this be the thick darkness going before the break of day . Sure , Sir , the Sun shall rise upon Scotland ; but if I shall see it , or how near it is to day , I leave that to him , even unto Iehovah , who creats upon every dwelling in mount Sion , & upon her assemblies a cloud , & a smoke by day , & the shining of a flaming fire by night . But , Sir , the wildernesse shall rejoyce & blossom as a rose , & happy he , who hath a bone or an arm , to put the Crown upon the head of our highest King , whose chariot is paved with love : were there ten thousand millions of heavens created above these highest heavens , & again & as many above them , & as many above them , till Angels were wearied with counting , it were but too low a seat to fix the princely throne of that Lord Jesus [ whose ye are ] above them all : Created heavens are too low a seat of majesty for him . Since then there is none equal to your master & Prince , who hath chosen out for you amongst many sufferings for sin , that onely crosse , which cometh nearest in liknesse to his own crosse , watered with consolations , take courage , & comfort your self in him who hath chosen you to glory hereafter & to a conformity with him here : we fools would have a crosse of our own chusing , & would have our gall & wormwood sugared , our fire cold , & our death & grave warmed with heat of life ; but he who hath brought many children to glory & lost none , is our best Tutour . I wish when I am sick that he may be keeper & comforter . I judge it a blessed fall , that we are forfaited Heirs , broken & out of credit , & that Christ is become a Tutour in the place of Freewill , & that we are no more our own . I am broken & wasted with the wrath that is on the land , & have been much tempted with a designe to have a Passe from Christ , which if I had , I would not stay to be a witnesse of our defection for no mans intreatie ; but I know it is my softnesse & weakness who would ever be ashore when a fit of sea-sickness cometh on ; Though I know I shall come soon-enough to that desireable countrey , & shall not be displaced , none shall take my lodging . Sir , many eyes are upon you , & the Godly are exceedingly refreshed that ye listen not to the wayes of many about you , who with fair words make marchandise of souls . Sir , if the way you are in be not the way of Christ , then woe to me , for I am eternally lost ; but truly , the Lord Christ's dealing with with Col : Gilbert Ker hath proven to me that the new restament & the covenant of grace is a piece , that a solemne meeting and assembly of all created Angels , joyne all their wits together , could not have devised : fince Sir , ye payed nothing for the change that Christ made , & ye will take that debt of free grace to heaven with you , [ for what was Christ Jesus indebted to you more then to all your kindred & name ? ] Therefore since ye are made his own , follow no other way . What is my salvation though I should lay it in pawne , [ It is but a poor pledge ] that this , this onely is the way ; but Christ is surety himself that it is the way , the fore-runner went before you , and he is safely landed , & there is a fair company before you of such as have come out of great tribulation , and have washed their garments , and made them white in the blood of the Lamb ; to whom these promises are now performed , he that overcomes shall eat of the tree of life , that is in the midst of the Paradise of God , and God shall wipe away all tears from their eyes , and there shall be no more death , neither sorrow , nor crying , neither shall therebe any more pain : He that siteth on the throne shall dwell among them ; they shall hunger no more neither thirst any more , neither shall the sun light on them , nor any heat ; for the lamb that is in the midst of the throne shall feed them and shall take them unto the living fountains of waters . I may , Sir , possibly keep you from better work : The God of peace th●t brought again from the dead the great shepherd of the sheep , through the blood of the eternall covenant , make you perfect . St. Andrews . Jan. 7. 1651. Yours in Iesus Christ. S. R. To the much honoured and truely worthy , Collonel G. K E R. ( 62 ) Much honoured and worthy Sir. I have heard of your continued captivity in England as wel as in this afllicted land ; but goe where ye will , ye cannot goe from under your shadow , which is broader then many Kingdoms : Ye change lodgings and countreys , but the same Lord is before you : if ye were carried away captive to the other fide of the sun , or as far as the rising of the morning-star ; It is spoken to your Mother who hath yet received no bill of divorce , which was written to Judah . Mic : 4 : 10 : Be in pain and labour to bring forth , O Daughter of Zion , like a woman in travell : for now shall thou goe fort●out of the city , and thou shalt dwell in the field , and thou shalt goe even to Babylon , there shalt thou be delivered , there the Lord shall redeem thee from the hand of thine enemies . England shall be countable for you , to render you back , Isai. 44 : 6. I will say to the North give up , and to the South , keep not back . It 's a sermon that flesh and blood laughteth at , Ezek. 37 : 4. Prophesie upon these dry bones , and say unto them ; O ye dry bones , hear the word of the Lord ! It is a preaching to the cold grave . Thus saith the Lord unto the bones , behold I will cause breath enter into you , and ye shall live , and I will lay sine●s upon you , and bring flesh upon you , and cover you with skin & put breath in you & ye shall live . Rev. 20 : 13. And the sed gave up the dead that were in it . Berwick must render back the Scottish captives , & Col. Gilbert Ker with them . Isa. 43 : v. 14 For thus saith the Lord your Redeemer the holy one of Israel , for your sake I have sent to Babylon , & have brought down all their Nobles , and the Caldeans whose cry is in the ships . Deut. 30 : 4. If any of them be driven out to the utmost parts of heaven , from 〈◊〉 will the Lord thy God gather thee , & from thence will he fetch thee Zech. 8 : 7. Thus saith the Lord of hosts , behold I will save my People from th● cast countrey , and from the west countrey , and I will bring them and they shall dwell in the midst of Ierusalem , & they shall be my People , & I will be their God in truth & in righteousness . Sir , ye are both booked by the Lord , who writeth up the People Ps. 87 : 5 , 6. And counted to the Lord , as one of the house & stock . Ps. 22 : 30. Fear not , faint not , all your hairs are numbered . It is the desire of the People of God , that as your bonds hitherto have been exempla●y , to the strengthning of the seeble , & to the stopping of the Mouth of the adversary , without any declining to the right or left hand , so your sufferings in the place ye now goe to , may be [ as we are confident in the Lord of you , and in humility boast of his grace in you ] savoury , convincing , and like unto this honourable cause , that will prevail in Britain , contrary to all the Machinations and counsels of Devils & men , & though there were no other ink in the pen I now write with , but some dewing of my last cooling blood , this I purpose [ his grace , whose I am , enabling me ] to Stand too . Sir , we desire to adore no instruments , yet we conceive the shining & rayes of grace from the fountain Iesus Christ , the fulness of the Godhead , bestowed on sinfulmen , hold forth the good thoughts of Christ to this poor land , whose multipied graves , and whose souls under the Altar , slain by Sestaries & Malignants , cry aloud to heaven : I see nothing Sir , if the Lord be not near [ though I dare not say how soon ] to awak for the year of Zion's controversie , Isai. 34 : 5. for my sword shall be bathed in heaven . behold it shall come down upon England and the residue of his enemies in Scotland . Woe is me for England , that land shall be soaked with blood , and their dust made fat with fatness : That pleasant land shall be wildernesse , & the dust of their land pitch : A judgement upon their walled towns ' th●… pleasant feilds , their strong ships &c , if they doe not repent . Ye have not I conceive , seen such searching & trying times as now these are , & yet the question will be drawn to a more narrow state & multitudes will yet leave the cause ; for we took all in to the Covenant that offered to build with us , but Christ must have but a small remnant : few Nobles if any , few Ministers , few Professors ; though our way standeth unchanged , 2 Cor. 6 : 8. by honour & di honour by good report & evil report , as dece●…ers & yet true , as unknown and yet well known , as dying and behold we live , as chastned and yet not killed . Neither is this your condition alone , but the experienced lot of all the saints that have gone before you . It is one & the same cross of Christ , but there be sundry faces & diverse circumstances in the same remnant , the sufferings of Christ , & yours . Sir , to be delivered to Souldiers , & in captivity , looketh like his sufferings , of whom Isaiah saith Chap. 53 : 8. he was taken from prison , & from judgement , yea & taken bound , Ioh. 18 : 12. when the cause is the truth of God , the lustre and face of suffering is somuch the more lovely , that it hath the hew & colour of Christ's sufferings , who endured contradiction of sinners , and despised the shame : O it is a great word , Christ shamed and Christ abased ! but thus was the Head & so are the members dealt with in the world : and truely any thing of Christ even the worst of him ( to speake so ) his reproach and shame are lovely . Though superstitious love to the materiall crosse he suffered upon , be foolery , & doting upon the holy grave be cursed idolatry ; yet is there a communion with him in his sufferings most desirable , 1 Pet. 4 : 15. but rejoyce in as much as ye are Partakers of Christ's sufferings : in which sense , the cup that his lip touched , hath th● sweeter taste , even though death were in it : The grave , because He did lie in it , is so much the softer , & the more refreshfull a bed of rest : And that part of the sky & clouds that the Beloved shall break through & come to judgement , it is as lovely a piece of the created heaven as any is , if we may love the ground he goeth on the better ; But all this is to be understood in a spirituall manner . The Lord calleth you , Sir , [ upon whom the Spirit of God & his glory resteth ] to put your soul 's Amen to this dispensation , & requireth of us that our desires follow the now-declared decree of God concerning the desolation of our sinfull land , so many wayes guilty of a despised Gospel and a broken Covenant , and that with all submission : Certainly no man hath failed more in this thing then he who writeth to you ; for I have brought my health in great hazard , and tormented my spirit with excessive grief so ▪ our present provocations & the rentings of our Kirk ; and I see it is a challenging of , & a bold pleading against him , upon whose ●…er the government is , Isa. 22 : 2● . The Father hath ●ut a glorious 〈◊〉 〈…〉 Christ , v. 23. & I will fasten him as a na●… a sure place , and he shall be for a glorious throne to his Father's house . v. 24. And they shall hang upon him all the glory of his Father's house , the offspring and the issue , all vessels of small quantity ; from the vessels of cups even to all the vessels of slagons . Our unbeleeving apprehensions doe so quarrel at the prosperity of enemies in an evil cause , that we wrestle with defeat● , spoiling , captivity of the Godly , killing of his people , the wasting of our land , starving and famishing of the Kingdom , which is worse then the sword ; but this is a sinfull coutradicting of the Lord 's revealed decree : His wisdom saith Spoiling & desolation is best for Scotland , & we say , Not , & so accuse Christ of misgovernment , & of not being true to the trust put upon him : But since he doeth not drag the government at his heels , but hath it upon his shoulder , & since the 〈◊〉 fastned in a sure place cannot be broken , nor can the smallest vessel fail to finde sweet security in dependence upon him , since all the weight of heaven & earth , of redeemed saints & confirmed Angels , is upon his shoulder ; I am a fool , & brutish to imagine , that I can adde any thing to Christ's speciall care of & tenderness to his people : He who keepeth the basons & knives of his house , & bring●th the vessels back again to the second temple Ezra : 1 : 8 , 9 , 10. must have a more tender care of his redeemed ones , then of a spoon , or of Peter's old shoes , which yet must not be lost in his captivity Act. 12 : 8. O for grace to suffer Christ to tutour his own Minors & young Heirs ! But we cannot endure to be under the actings of his government : We love too much to be our own : O how sweet to be wholly Christ's , & wholly in Christ ! To be out of the creatures owning , & made compleat in Christ , to live by faith in Christ , & to be once for all clo●… with the 〈◊〉 Majesty & glory of the Son of God , wherein he makes all his friends and followers sharers ! To dwell in Immanuel's high and blessed land , and live in that sweetest air , where no wind bloweth , but the breathings of the Holy Ghost ! No seas or sloods flow , but the pure water of life , that proceedeth from under the throne and from the Lamb : No planting but the tree of life , that yeeldeth twelve manner of fruits every moneth : What doe we here but fin and suffer ? O when shall the night be gene , the shadows 〈◊〉 away and the morning of that long , long day , without cloud or night , dawn ! The Spirit & the Bride say Co●… , O when shall the Lamb's wife be ready , and the Bridegroom say Come ! Worthy Sir , I minde you to the hearer of prayer , O help me in that kind ! The Spirit of Jesus be with your Spirit . S. Andrews , May. 14. 1651. Yours in his onely , onely Lord Iesus , S. R. To my Lady KENMURE . ( 63 ) MADAM . GRace● mercy & peace be to you : We are fallen in win●owing & trying times : I am glad that your breath serveth you to run to the end , in the same condition & way wherein ye have walked these twenty years past : It is either the way of peace , or , we are yet in our sins , & have missed the way : the Lord [ it's true ] hath stained the pride of all our glory , & now last of all the sun hath gone down upon many of the Prophets ; but stumble not , men are men , & God appeareth more & more to be God , & Christ it still Christ. Madam , stronger then I am , had , almost stumbled me & cast me down ; But O what mercy is it , to discern betwixt what is Christ's & what is man's , & what way the hew , colour & lustre of gifts & grace , dazle & deceive our weak eyes ! Oh to be dead to all things that are below Christ , were it even a created heaven & created grace ! Holiness is not Christ , nor are the blossoms & flowers of the tree of life , the tree it self : Men & creatures may winde themselves in between us & Christ ; & therefore the Lord hath done much to take out of the way all betwixt him and us : There are not in our way now , Kings , or Armies , or Nobles , or Judicatories , or strong holds , or watchmen , or godly professours : The fairest things & most eminent in Britain are stained and have lost their lustre : Onely , onely Christ keeps his greenness & beauty , & remaineth what he was : Oh! If he were more & more ezcellent to our apprehensions then ever he was [ whose excellency is above all apprehensions ] & still more & more sweet to our taste , I care for nothing , if so be I were nearer to him , & yet he flyeth not from me , I flee from him , but he pursueth . I hear your La : hath the same esteē of the despised cause & Covenant of our Lord , ye had before : Madam , hold you there : I dare & would gladly breath out my spirit in that way , with a nearer communion & fellowship with the Father & the Son , & would seek no more , but , that I might die , beleeving : And also I would hope that the earth shall not cover the blood of the Godly slain in Scotland ; but that the Lord will make inquisition for their blood , when the sufferings of the saints in these lands shall be fulfilled . The goodwill of him that dwelt in the bush be with you . Glasgow . Sept : 28. 1651. Your La : at all observance in the Lord Iesus , S. R To my Lady KENMURE . ( 64. ) MADAM . GRace , mercy & peace be to you : I know , ye think of an out-going & that your quartering in Time , and your abode in this life is short ; for we flee away as a shadow , the declining of the Sun & the lengthning of the shadow saith , our journey is short & near the end : I speak it because I have warnings of my removal . Madam , I know not any , against whom the Lord is not : for he is against the proud and lofty , the day of the Lord is upon all the Cedars , upon all the high mountains , upon every high tower and upon every fenced wall , upon all the ships of Tarshish & , upon all pleasant pictures . I know not any thing comparable to a nearness & spirituall communion with the Father & the Son Christ : there is much deadnes & witheredness upon many spirits , sometimes near to God : and I wish the Lord have not more to say & to doe against the Land. Ye have , Madam , in your accounts , mercies deliverances , rods , warnings , plenty of means , consolations , when refuge failed you , when ye looked on the right hand , & behold no man would know you nor care for your soul , when young & weak , manifestations of God , the out-goings of the Lord for you , experiences , answers from the Lord ; by all which ye may be comforted now & confirmed in the certain hope that Grace , free Grace in a fixed & established Surety , shall perfect that good work in you : happy they who see not & yet beleeve . Grace , grace eternally in our Lord Jesus be with you . Edinburgh . May. 27. 1653. Yours in the Lord Iesus , S. R. To my Lady KENMURE . ( 65 ) MADAM . I have been so long silent that I am almost ashamed now to speak . I hear of your weakly condition of body which speaketh some warning to you , to look for a longer life , where ye shall have more leisure to praise then Time can give you here : it shall be a loss to many , but sure , your self , Madam , shall he onely free of any loss . And truly considering what dayes we are now fallen into , if failing were not serving of the Lord [ which I can hardly attain ] a calm harbour were very good , when storms are so high : The fore-runner who hath landed first , must help to bring the sea-beaten vessel safe to the port , & the sick passengers who are following the fore-runner , safe a-shore . Much deadness prevaile●…h over some ; but there is much life in him who is the resurrection and tho life , to quicken . O what of our hid life is without us , & how little & poor a stock is in the hand of some ! The onely wise God supply what is wanting : the more ye want , & the more your joy hath run on , the more is owing to you by the promise of Grace : by gons of waterings from heaven , which your La : wanted in Kenmure , Rusco , the West , Clasgow , Edinburgh , England , etc. Shall all come in a great summe together : the marriage-supper of the Lamb must not be marred with too large a fourhours-refreshment . Know , Madam , he who hath tutoured you from the breasts , knoweth how to time his own day-shinings & love-visits . Grace that runs on , be with you , St. Andrews . Yours in the Lord at all observance : S. R. To my Lady KENMURE . ( 66 ) MADAM . I Confess I have cause to be grieved at my long silence or Laziness in writing : I am also afflicted to hear , that such , who were debters to your La : for better dealing , have served you with such prevarication : Ye know crookedness is neither strong nor long-enduring , & ye know likewise that these things spring not out of the dust : It 's sweet to look upon the lawless & sinfull stirrings of the creatures , as ordered by a most holy hand in heaven O if some could make peace with God! It would be our wisdom , & afford us much sweet peace , if oppressours were looked upon as passive instruments , like the saw or ax in the Carpenters hand ; they are bidden [ if such a distinction may be admitted ] but not commanded of God ( as Shimei was , 2. Sam. 16 : 10. ) to doe what they doe . Madam , these many years the Lord hath been teaching you , to read & study well the book of holy , holy & spotless soveraignity , in suffering from some nigh hand & some far off : Whoever be the instruments , the replying of ●lay to the Potter , the Former of all , is unbeseeming the nothing creature : I hope he shall clear you , but when Zion's publict evils lie not nigh some of us , & leave no impression upon our hearts , it is no wonder that we be exercised with domestick troubles ; but I know ye are taught of God to prefer Jerusalem to your chiefest joy . Madam , there is no cause of fainting : Wait upon the not-carrying vision , for it will speak . The onely wise God be with you , & God even your own God bless you . St Andrews June . 1657. Yours at all observance in God , S. R. To my Lady KENMURE . [ 67. ] MADAM . I Should not forget you ; but my deadness under a threatning-stroke , both of a failing Church , a broken Covenant , a despised remnant , & craziness of body [ that I cannot get a piece sickly clay carryed about from one house or town to another ] lies most he●vy on me : The Lord hath removed Scotland's crown ; for we owned not his crown ; we fretted at his Catholick Government of the world , & fretted that he would not be ruled & led by us , in breaking our adversaries ; & he makes us suffer & pine away in our in quities under the broken Government of his house . It 's like , it would be our snare to be tryed with the honour of a peaceable Reformation , we might mar the carved work of his house worse then th●se against whom we cry out . It 's like he hath bidden us lie on our left side three hundred & ninetie dayes , & yet so astonishing is our stupiditie , that we ●…oan not our sore side : Our gold is become dim the visage of our Nazarites is become black , the Sun is gone down on our See●s , the crown is sallen from our head , we roar like bears . Lord save us from that , He that hath made them , will not have me●● , on them . The heart of the Scribe meditats terror . Oh , Madam if the Lord would help to more , self-judging , and to make sure an interest in Christ ! Ah , we forget eternity , & it approacheth quickly . Grace be with you . St Andrewes , 20 Nov. 1657. Your La : at all obedience in the Lord , S. R. To my Lady KENMURE . ( 68 ) MADAM . I am ashamed of my long silence to your L● : Your ●ossings & wanderings are known to him , upon whom ye have been cast from the breasts , & who hath been your God of old . The temporall loss of creatures dear to you there , may be the more easily endured , that the gain of one who onely hath immortality groweth . There is an universal complaint of deadness of spirit on all that know God ; he that writes to you , Madam , is as deep in this as any , & is afraid of a strong & hot battle before time be at a close ; but no matter if the Lord crown all with the victorious triumphing of faith . God teacheth us by terrible things in righteousness : we see many things , but we observe nothing . Our drink is sowre , gray hairs are here & there on us , & we change many Lords & Rulers ; but the same bondage of soul & body remains : We live little by faith , but much by sense , according to the times , & by humane policy : The watchmen sleep , & the people perish for lack of knowledge . How can we be enlightened when we turn our back on the Sun ? And must we not be withered when we leave the fountain ? It should be my onely desire to be a minister gifted with the white stone & the new name written on it . I judge it were fit [ now when tall Professors , & when many stars fall from heaven , & God poureth the Isle of great Britain from vessel to vessel , & yet we sit & are setled on our lees ] to consider [ as sometimes I doe , but , ah , rarely ] how irrecoverable a ●oe it is , to be under a beguile in the matter of eternity ; & what if I who can have a subscribed testimoniall of many , who shall stand at the right hand of the judge , shall miss Christ's approving testimony , & be set upon the left hand among the goats ? there is such a beguile , Math. 7 : 22. Math. 25 : 8 , 9 , 10 , 11 , 12. Luke 13. 25 , 26. And i● befalls many , & what if it befall me , who have but too much art to coosen my own soul & others with the flourish of ministerial or Countrey-holiness ? Dear Lady , I am afraid of prevailing security , we watch little , [ I have mainly relation to my self ] we wrettle little : I am like one travelling in the night , who sees a Spirit & sweats for fear , & dare not tell it to his fellow for encreasing his own fear ; however , I am sure when the Master is nigh his coming , it were safe to write over a double & new copy of our accounts , of the sins of nature , childhood , youth , riper years , & old age . What if Christ have another written representation of me then I have of my self , sure his is right , & if it contradict my mistaking & sinfully erroneous account of myself , ah where am I then ? But , Madam , I discourage none , I know Christ hath made a new marriage contract of love , & sealed it with his blood , & the trembling beleever shall not be confounded . Grace be with you . St Andrews , May 26. 1659. Yours at all obedience in Christ , S. R. To my Lady KENMURE . [ 69 ] MADAM . I should be glad that the Lord would be pleased to lengthen our more time to you , that ye might yet before your eyes be shut , see more of the work of the right hand of the Lord , in reviving a now-swooning and crushed Land & Church . Though I was lately knocking at deaths gate , yet could I not get in , but was sent back for a time . It is well , if I could yet doe any service to him ; but ah what deadness lieth upon the spirit ! & deadness breedeth distance from God. Madam , These many years the Lord hath let you see a clear difference betwixt these who serve God , 〈◊〉 love his name , & these who serve him not : & I judge ye look upon the way of Christ as the onely best way , & that ye would not exchange Christ for the world's God , or their Mammon , & that ye can give Christ a testimony of chief among ten thousand : True it is , that many of us have fallen from our first love ; but Christ hath renewed his first love of our ●●pousals to himself , & multiplied the seekers of God all the countrey over , even where Christ was scarce named , East & West & South & North , above the number that our fathers ever knew . But ah ! Madam , what shall be done or said of many fallen stars , and many near to God , complying wofully and failing to the nearest shore ? Yea , & we are consumed in the furnace but not melted , burnt but not purged , our dross is not removed , but our scum remains in us : & in the furnace we fret , we faint & [ which is more strange ] we slumber : The fire burneth round about us , & we lay it not to heart : Gray hairs are upon us & we know it not . It were now a desireable life to send away our love to heaven , & well becometh it us to wait on for the appointed change , yet so as we should be meditating thus , Is there a new world above the Sun & moon , & is there such a blessed company harping & singing Hallelujahs to the lamb up above ? Why then are we taken with a vain life of sighing & sinning ? O where is our wisdom that we sit still laughing , eating , sleeping prisoners , & doe not pack up all our best things for the journey , desiring alwayes to be clothed with our house from above , not made with hands ! Ah , we savour not the things that are above , nor doe we smell of glory ere we come thither , but we transact & agree with Time for a new lease of clay-mansions : Behold he cometh we sleep , & turn all the work of duties into a dispute of events for deliverance ; but the greatest haste , to be humbled for a broken & a buried Covenant , is first & last forgotten : And all our grief is , the Lord lingers , enemies triumph , Godly ones suffer , Atheists blaspheme . Ah , we pray not ! but wonder that Christ cometh not the higher way by might , by power , by garments rolled in blood ! What if he come the lower way ? sure , we sin in putting the book in his hand , as if we could teach the Almighty knowledge : we make haste , we beleeve not : Let the onely wise God alone , he stirs well , he drawes straight lines , though we think & say they are crooked : It is right that some should die & their breasts full of milk , & yet we are angry that God dealeth so with them . O if I could adore him in his hidden wayes , when there is darkness under his feet & darkness his pavilion & clouds about his throne ! Madam , hoping , beleeving , patient praying is our life : he lo●●s no time . The Lord Jesus be with your spirit . St Andrews 12 : Sept. 16●5 . Yours at all oblidged observance in Christ. S. 〈◊〉 . To his reverend & dear Brethren . M R GUTHRIE , M R TRAIL , And the rest of their Brethren imprisoned in the Castell of Edinburgh . ( 70. ) Reverend , Very Dear , & now much honoured Prisoners for Christ. I Am , as to the point of light , at the out-most of perswassion in that kinde , that this is the cause of Christ ye now suffer for , & not mens interest : If it be for men , let us leave it ; but if we plead for God , our own personal sa●… and man's deliverance will not be peace . There is a s●lv●tion called the salvation of God , which is cleanly , pure , spiritual , unmixed , near to the holy Word of God ; it is that which we would seek , even the favour of God that he beares to his people , not simple gladness , but the gladness & goodness of the Lord 's chosen : And sure [ though I be the weakest of his witnesses & unworthy to be among the meanest of them , & 〈◊〉 afraid the Cause be hurt [ but it cannot be lost ] by my unbeleeving faintness ] I should not desire a deliverance separated from the deliverance of the Lord's Cause & People : It is enough to me to sing when Zion sings , & to triumph when Christ triumpheth . I should judge it an unhappy joy , to rejoyce when Zion sigheth . Not one hoof will be your peace . If Christ doeth owne me , let me be in the grave in a bloody winding-sheet , & goe from the scaffold in four quarters to a grave , or no grave , I am his debter to seal with sufferings this precious truth ; but Oh when it comes to the push , I dare say nothing , considering my weakness , wickedness & faintness ! But fear not ye , ye are not , ye shall not be alone , the Father is with you : It was not an unseasonable , but a seasonable & necessary duty , ye were about : Fear him who is Soveraign , Christ is Captain of the Castle , & Lord of the keyes . The cooling well-spring & refreshment from the promises , is more then the ●●ownings of the furnace . I see snares & temptations in capitulating , composing , ceding , minching with distinctions of circumstances , formalities , complements & extenuations in the Cause of Christ : A long spoon , the broth is hell's hot : Hold a distance from carnal compositions , & much nearness to the fountain , to the favour & refreshing light from the Father of lights , speaking in his oracles ; this is sound health & salvation . Angels , men , Zion's Elders eye us ; but what of all these , Christ is by us & looks on us & writes up all : Let us pray more & look less to men . Remember me to Mr Scot & all the rest . Blessings be upon the head of such as are separated from their Brethren : Ioseph is a fruitfull bough by a well . Grace be with you . S. Andrewes , 1660. Your loving Brother & companion in the Kingdom & patience of Iesus Christ , S. R. To Mr ROBERT CAMPBELL . ( 71. ) Reverend & dear Brother . YE know this is a time in which all men almost seek their own things & not the things of Jesus Christ : yeare your alone , as a beacon on the top of a mountain ; but saint not , Christ is a numerous multitude himself , yea millions : though all the nations were conveened against him round about , yet doubt not but he will at last arise for the cry of the poor & needy . For me , I am now near to eternity , & for ten thousand worlds I dare not adventure to pass from the Protestation against the corruptions of the time , nor go alongst with the shameless apostacy of the many silent & dumb watchmen of Scotland : but I think it my la ●●my to enter a Protestation in heaven before the righteous Judge , against the practical & legal breach of Covenant , and all Oaths imposed on the consciences of the Lord's people , & all Popish , superstitious and idolattous mandats of men : Know that the overthrow of the 〈◊〉 Reformation , the introducing of Popery & the Mystery of Iniquity , is now set on foot in the three Kingdoms , & whosoever would keep their garments clean are under that command , Touch not , 〈◊〉 not , handle not . The Lord calls you , Dear Brother , to be still stedfast , unmoveable , a●d aboundant in the work of the Lord. Our royal Kingly Master is upon his journey , & will come & will not ●●rry , & bl●ssed is the servant who shall be found watching , when he cometh : fear not men , for the Lord is your light & salvation . It is true , it 's somewhat sad & comfortless that ye are your alone , but so it was with our precious Master : nor are ye your alone , for the father is with you . It is possible I shall not be an eye-witness to it to the flesh , but I beleeve he comes quickly , who will remove our darkness , & will shine gloriously in the Isle of Britain , as a crowned King , either in a formally sworn Covenant , or in his own glorious way , which I leave to the determination of his infinite wisdom and goodness : & this is the hope & confidence of a dying man who is longing & fainting for the salvation of God. Beware of the ensuaring bonds and obligations by any hand-writ or other waves , to give unlimited obedience to any authority , but onely in the Lord : for all innocent self-defence , [ which is according to the Covenant , the Word of God & the laudable example of the Reformed Churches ] is now intended to be utterly subverted and condemned : and what is taken from Christ , as the slower of his Prerogative Royall , is now put upon the head of a mortal power , which must be that great , idol of 〈◊〉 that provok●… the eyes of his glory . Dear Brother , let us 〈◊〉 ▪ the rich promises that are made to these that overcome , knowing that these that endure to the end shall be saved . Thus recommending you to the rich grace of God , I remain . St. Andrews . 1661. Your affectionat Brother in Christ. FINIS . 
A62502	----	Three treatises concerning the Scotish discipline 1. A fair warning to take heed of the same, by the Right Reverend Dr. Bramhall, Bishop of Derris : 2. A review of Dr. Bramble, late Bishop of London-Derry, his fair warning, &c. by R.B.G. : 3. A second fair warning, in vindication of the first, against the seditious reviewer, by Ri. Watson, chaplain to the Right Honorable the Lord Hopton : to which is prefixed, a letter written by the Reverend Dean of St. Burien, Dr. Creyghton. 1661 Approx. 1068 KB of XML-encoded text transcribed from 195 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-05 (EEBO-TCP Phase 1). A62502 Wing T1122 ESTC R22169 12363157 ocm 12363157 60305 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62502) Transcribed from: (Early English Books Online ; image set 60305) Images scanned from microfilm: (Early English books, 1641-1700 ; 900:8) Three treatises concerning the Scotish discipline 1. A fair warning to take heed of the same, by the Right Reverend Dr. Bramhall, Bishop of Derris : 2. A review of Dr. Bramble, late Bishop of London-Derry, his fair warning, &c. by R.B.G. : 3. A second fair warning, in vindication of the first, against the seditious reviewer, by Ri. Watson, chaplain to the Right Honorable the Lord Hopton : to which is prefixed, a letter written by the Reverend Dean of St. Burien, Dr. Creyghton. R. B. G. A review of Doctor Bramble. Bramhall, John, 1594-1663. Fair warning to take heed of the Scotish discipline. Baillie, Robert, 1599-1662. Watson, Richard, 1612-1685. Creighton, Robert, 1593-1672. [2], 36, [8], 91, [9], 16, 204, [12] p. Printed by Samuel Brown ..., Hagh : 1661. Reproduction of original in Huntington Library. "A fair warning, to take heed of the Scottish discipline ... by Dr John Bromwell ..." has special t.p. dated 1649. "A review of Doctor Bramble, late Bishop of Londenderry, his Faire warning against the Scotes disciplin, by R.B.G." has special t.p. dated 1649. "Akolouthos, or, A second faire warning to take heed of the Scotish discipline in vindication of the first ... by Ri. Watson ..." has special t.p., dated 1651. Imperfect: letter by Dr. Creyghton missing in filmed copy. Index: p. [6]-[12] at end. Errata: p. [5] at end. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- Controversial literature. Solemn League and Covenant (1643) Scotland -- Church history. 2003-12 TCP Assigned for keying and markup 2004-01 Apex CoVantage Keyed and coded from ProQuest page images 2004-02 Judith Siefring Sampled and proofread 2004-02 Judith Siefring Text and markup reviewed and edited 2004-04 pfs Batch review (QC) and XML conversion THREE TREATISES Concerning the Scotish Discipline . 1. A Fair Warning to take heed of the same : By the Right Reverend Dr. Bramhall , Bishop of Derrie . 2. A Review of Dr. Bramble , late Bishop of London-Derry , his Fair Warning , &c. By R. B. G. 3. A Second Fair Warning , in Vindication of the First , against the Seditious Reviewer : By Ri. Watson , Chaplain to the Right Honorable the Lord Hopton . To which is prefixed , A Letter written by the Reverend Dean of St. Burien , Dr. Creyghton . HAGH : Printed by Samuel Broun , English Book-seller . 1661. A FAIR WARNING , To take heed of the SCOTISH DISCIPLINE , As being of all others most Injurious to the Civil Magistrate , most Oppressive to the Subject , most Pernicious to both . By Dr JOHN BROMWELL Lord Bishop of London-Derie in Ireland . LUKE 9. 35. No man having drunk old wine straight-way desireth new , for he saith , the old is better . HOSEA 2. 7. I will go and return to my first husband , for then was it better with me than now . Printed in the Year 1649. A FAIR WARNING , To take heed of the Scotish Discipline , as being of all others most Injurious to the Civil Magistrate , most Oppressive to the Subject , most Pernicious to both . CHAP. I. The Occasion and Subject of this Treatise . IF the Disciplinarians in Scotland could rest contented to dote upon their own inventions and magnifie at home that Diana which themselves have canonised , I should leave them to the best School-Mastresse , that is , Experience , to feel where their shoe wrings them , and to purchase Repentance . What have I to do with the regulation of forreign Churches to burn mine own fingers with snuffing other m●…ns Candles ? Let them stand or fall to their own Master : It is charity to judge well of others , and piety to look well to our selves . But to see those very men who plead so vehemently against all kinds of tyranny , attempt to obtrude their own dreams not onely upon their fellow-Subjects , but upon their Sovereign himself , contrary to the dictates of his own conscience , contrary to all Laws of God and Man , yea to compel forreign Churches to dance after their pipe , to worship that counterfeit image which they feign to have fallen down from J●…piter , and by force of arms to turn their neighbours out of a possession of above 1400 years , to make room for their Trojan horse of Ecclesiastical Discipline , ( A practice never justified in the world but either by the Turk or by the Pope ) This put us upon the defensive part , They must not think that other men are so cowed or grown so tame , as to stand still blowing of their noses , whilst they bridle them and ride them at their pleasure . It is time to let the world see that this Discipline which they so much adore , is the very quintessence of refined Popery , or a greater Tyranny than ever Rome brou●…he forth , Incon●…t with all forms of civil Government , destructive to all sorts of Policy a rack to the conscience , the heaviest pressure that can fall upon a people , and so much more dangerous , because by the specious pretence of Divine Institution , it takes a way the sight , but not the burthen of slavery . Have patience Reader and I shall discover unto thee more pride and arrogancie through the holes of a threed-bare coat , than was ever found under a Cardinals Cap or a triple Crown . All this I undertake to demonstrate not by some extraordinary practices justified onely by the pretence of invincible necessity ( a weak patrociny for general Doctrine ) nor by the single opinions of some Capricious fellows but by ●…heir books of Discipline , by the acts of their general and provincial Assemblies by the concurrent votes and writings of their Commissioners . I foresee that they will suggest that through their sides I seek to wound forreign Churches . No , there is nothing which I shall convict them of here , but I hope will be disavowed , though not by all Protestant auctou●…s , yet by all the Protestant Churches in the world . But I must take leave to demand of our Disciplinarians , who it is they brand with the odious name of Erastians in the Acts of their Parliaments and Assemblies , and in the writings of their Commissioners and reckon them with Papists , Anabaptists , and Independents ; Is it those Churches who disarm their Presbyteries of the Sword of Excommunication which they are not able to weeld ? so did Erastus ; or is it those who attribute a much greater power to the Christian Magistrate in the managery of Ecclesiastical affairs than themselves ? So did Erastus , and so do all Protestant Churches . The Disciplinarians will sooner endure a Bishop or a Superintendent to govern them , than the Civil Magistrate . And when the Magistrate shall be rightly informed what a dangerous edg'd-tool their Discipline is , he will ten times sooner admit of a moderate Episcopacy , than fall into the hands of such hucksters . If it were not for this Disciplinarian humour , which will admit no latitude in Religion , but makes each nicity a fundamental , and every private opinion an Article of faith , which prefers particular errours before general truths . I doubt not but all reformed Churches might easily be reconciled . Before these unhappy troubles in England , all Protestants both Lutherans and Calvinists did give unto the English Church the right hand of fellowship ; the Disciplinarians themselves though they preferred their own Church as more pure , ( else they were hard-hearted ) yet they did not , they durst not condemn the Church of England , either as defective in any necessary point of Christian Piety , or redundant in any thing that might virtually or by consequence overthrow the foundation . Witnesse that letter which their General Assembly of Superintendents , Pastours and Elders sent by Mr. John Knox to the English Bishops , wherein they stile them Reverend Pastours , fellow-preachers , and joynt opposers of the Roman Antichrist . They themselves were then far from a party , or from making the calling of Bishops to be Antichristian . But to leave these velitations and come home to the point . I will shew first how this Discipline entrencheth most extreamly upon the right of the civil Magistrate , secondly that it is as grievous and intollerable to the Subject . CHAP. II. That this new Discipline doth utterly overthrow the Rights of Magistrates , to convocate Synods , to confirm their Acts , to order Ecclesiastical affairs , and reform the Church within their Dominions . ALl Princes and States invested with Sovereignty of power doe justly challenge to themselves the right of Convocating National Synods of their own subjects , and ratifying their constitution . And although pious Princes may tolerate or priveledge the Church to convene within their territories annually or triennially , for the exercise of discipline , and execution of constitutions already confirmed , ( neverthelesse we see how wary the Synod of Dort was in this particular , ) yet he is a Magistrate of straw , that will permit the Church to convene within his territories , whensoever , wheresoever they list , to convocate before them whomsoever they please , all the Nobles , all the Subjects of the Kingdom , to change the whole Ecclesiastical pollicy of a Common-wealth , to alter the Doctrine and Religion established , to take away the legall rights and privileges of the Subjects , to erect new tribunalls and courts of Justice , to which Sovereigns themselves must submit , and all this of their own heads , ●…ue of a pretended power given them from heaven , contrary to k●…own laws and lawfull customs , the Supreme Magistrate dissenting & disclaiming . Synods ought to be called by the supreme Magistrate if he be a Christian , &c. And either by himself , or by such as he shall please to choose for that purpose , he ought to preside over them . This power the Emperours of old did challenge over General Councels , Christian Monarchs in the blindnesse of Popery over National Synods , the Kings of England over their great Councels of old , and their Convocation of later times , The Estates of the united Provinces in the Synod of Dort , this power neither Roman Catholick or Protestant in France dare denie to his King. None have been more punctual in this case then the State of Geneva , where it is expressely provided , that no Synod or Presbytery shall alter the Ecclesiastical pollicy , or adde any thing to it , without the consent of the civil Magistrate . Their elders do not challenge an uncontrolable power as the Commissioners of Christ , but ate still called the Commissioners of the Signiory . The lesser Councel names them with the advise of the Ministery , ( their consent is not necessary ) The great Councel of 200 doth approve them or reject them . At the end of the year they are presented to the Signiory , who continue them or discharge them as they see cause . At their admission they take an oath , to ke●…p the Ecclesiastical Ordinances of the civil Magist●…ate . The finall determination of doctrinal differences in Religion , ( after conference of , and with the Ecclesiasticks , ) is referred to the Magistrate . The proclamations published with the sound of trumpet registered in the same book , do plainly shew that the ordering of all Ecclesiastical affairs is assumed by the Signiory . But in Scotland all things are quite contrarie , the civil Magistrate hath no more to doe with the placing or displacing of Ecclesiastical Elders , than he hath in the Electoral Colledge , about the Election of an Emperor . The King hath no more legislative Power in Ecclesiastical causes than a Cobler , that is a single Vote in case he be chosen an Elder , other wi●…e none at all . In Scotland Ecclesiastical persons make repeal , alter their Sanctions eyery day , without consent of King or Councel King Jon●…s proclaimed a Parliament to be held at Edenburgh , and a little before by his letter required the Assembly to abstain from making any Innovatio●…s in the Policy of the Church , and from prejudging the decisions of the States by their conclusions , and to suffer all things to continue in the condition they were until the approc●…ing Parliam●…nt . What did they hereupon ? They neglected the Kings letter , by their own Authority they determined all things positively , questioned the Arch-Bishop of St. Andrews upon their own Canons , For collating to benefices , and Voting in Parliament , according to the undoubted Laws of the Land. Yea to that deg●…ee of sawcines they arrived , and into that contempt they reduced Sovereign power , that twenty Presbyters ( no more at the highest sometimes but thirteen , sometimes but seven or eight ) dared to hold and maintain a General Assembly , ( as they miscalled it , ) after it was discharged by the King , against his Authority , an Insolence which never any Parliament durst yet attempt . By their own Authority , long before there was any Statute made to that purpose , they abolished all the Festivals of the Church , even those which were observed in memory of the Birth , Circumcision , Resurrection and Ascension of our Saviour . By their own Authority they decreed the abolition of Bishops , requiring them to resign their offices , as not having any calling from Gods word , under pain of Excommunication . And to desist from preacbing until they had a new admission from the General Assembly . And to compleat their own folly , added further , that they would dispose of their possessions as the Churches Patrimony in the next Assembly , which ridiculous Ordinance was maintained stifly by the succeeding Synods , notwithstanding the Statute , that it should be Treason to impugn the Authority of the three Estates , or to procure the innovation or diminution of any of them . Which was made on purpose to control their vain presumption . Notwithstanding that themselves had formerly approved , and as much as in them lay established Superintendents , to endure for term of life with their numbers , bounds , salaries larger than those of other Ministers , indewed with Episcopal power , to plant Churches , ordain Ministers , assign Stipends , preside in Synods , direct the censures of the Church , without whom there was no Excommunication . The world is much mistaken concerning Episcopacie in Scotland : for though the King and Parliament were compelled by the clamours and impetuous violence of the Presbyters to annex the temporalities of Bishops to the crown , yet the Function it self was never taken away in Scotland , from their first conversion to Christianity , until these unhappy troubles . And these very temporalities were restored by the Act of restitution , and their full power was first established Synodically , and afterwards confirmed by the three Estates of the Kingdom in Parliament . By their own Authority when they saw they could not prevail with all their iterated indeavours and attempts to have their book of discipline ratified , they obtruded it upon the Church themselves , ordaining that all those who had born or did then bear any office in the Church should subscribe it , under pain of Excommuication . By their own Authority or rather by the like unwarrantable boldnesse they adopted themselves to be heirs of the Prelates and other dignities and orders of the Church suppressed by their tumultuous violence , and decreed that all tythes , rents , lands , oblations , yea whatsoever had been given in former times , or should be given in future times to the service of God , was the patrimonie of the Church ; and ought to be collected and distributed by the Deasons as the Word of God appoints . That to convert any of this to their particular or profane use of any person , is detestable Sacriledge before God. And elsewhere , Gentle-men , Barons , Earls , Lords , and others must be content to live upon their just rents , and suffer the Kirk to be restored to her libertie . What this libertie is follows in the same place , all things given in hospitalitie , all rents pertaining to Priests , Chanteries , Colledges , Chappelries , Frieries of all orders , the Sisters of the Seens all which ought to be retained still in the use of the Ki●…k . Give them but leave to take their breath and expect the rest . The whole revenues of the temporalities of Bishops , Deans , and Arch-Deans lands , and all rents pertaining to Cathedrall Kirks . Then supposing an objection , that the Possessours had Leases and Estates , they answer , That those who made them were theeves & murtherers & had no power so to alienate the common Good of the Kirk . They desire that all such Estates may be anulled and avoided , that all Collectours appointed by the King or others , may be discharged from intermedling therewith , and the Deacons permitted to collect the same : yea to that height of madnesse were they come , as to define and determin in their Assembly , ( judge whether it be not a modest constitution for a Synod . ) That the next Parliament the Church should be fully restored to its Patrimony , and that nothing should be past in Parliament until that was first considered and approved . Let all Estates take notice of the●…e pretensions and designs If their project have not yet taken effect , it is onely becau●…e they wanted sufficient strength hitherto to accomplish it . Lastly by their own Authority , under the specious title of Jesus Christ , King of kings , and Lord of lords , the onely Monarch of his Churc●… , and under pretence of his Prerogative Royal , they erected their own Courts and Presbyteries in the most parts of Scotland , long before they were legally approved or received , as appeareth by their own Act , alledging that many suites had been made to the Magistrate for approbation of the Policy of the Kirk , which had not taken that happy effect which good men would crave : And by another act acknowledging that Presbytertes were then established ( Synodically ) in most parts of the Kingdom . And lastly by the Act of another General Assembly at Edenburg , ordaining that the Discipline contained in the acts of the General Assembly should be kept , as well in Angus and Mernis as in the rest of the Kingdom . You see sufficiently in point of practice how the Disciplinarians have trampled upon the Laws , and justled the civil Magistrate out of his Supremacy in Ecclesiastical affairs . My next task shall be to shew that this proceeds not from Inanimadvertence or Passion , but from their Doctrine and Principles . First , they teach that no persons , Magistrates nor others , have power to Vote in their Synods , but onely Eccl si●…tical . Secondly , they teach that Ecclesiastical persons have the sole power of convening and convocating such Assemblies , All Ecclesiastical assemblies have power to convene lawfully together , for treating of things concerning the Kirk . They have power to appoint times and places . Again , National Assemblies of this Countrey ought alwayes to be retained in their own liberties , with power to the Kirk to appoint times & places . Thus they make it a Liberty , that is a Priviledge of the Church , a part of its Patrimony not onely to convene , but to convocate , whomsoever , whensoever , wheresoever . Thirdly for point of Power , they teach , that Synods have the judgement of true & false Religion , of Doctrine , Heresies , &c. the election , admission , suspension , deprivation of Ministers , the determination of all things that pertain to the Discipline of the Church . The judgement of Ecclesiastical matters , causes beneficiary , matrimonial and others . Jurisdiction to proceed to excommunication against those that rob the Church of its patrimony . They have legislative Power to make rules and constitutions for keeping good order in the Kirk . They have power to abrogate and abolish all Statutes and Ordinances concerning Ecclesiastical matters , that are found noisom and unprofitable , and agree not with the time , or are abused by the people . And all this without any reclamation , or appellation to any J●…dge , Civil or Ecclesiastical Fourthly , they teach that they have these priviledges not from the Magistrate or People , or particular Laws of any other Countrey . The Magist●…ate can not execute the censares of the Church , nor prescribe any rule how it should be done , but Ecclesiastical power floweth immediatly from God , & from the Mediatour Jesus Christ And yet further , The Church cannot be governed by others , than those Ministers and Stewards set over it by Christ , nor otherwise than by his Laws . And therefore there is no power in earth that can challenge to it self a Command or Dominion upon the Church . And again , It is prohibited by the Law of God and of Christ , for tho Christian Magistrate to invade the Government of the Church , and consequently to challenge to himself the right of both Swords spiritual and temporal . And if any Magistrate do arrogate so much to himself , the Church shall have cause to complain and exclaim , that the Pope is changed , but the Papacy remains . So if Kings and Magistrates stand in their way , they are Political Popes as well as Bishops are Ecclesiastical . Whatsoever these men do , is in the Name of our Lord Jesus , and by Authority delegated from him alone . Lastly , they teach that they have all this Power , not onely without the Magistrate , but against the Magistrate , that is , although he dissent , & send out his prohibitions to the contrary , Parliamentary ratifications can no way alter Church canons concerning the worship of God. For Ecclesiastical Discipline ought to be exercised , whether it be ratified by the civil Magistrate or not . The want of a civil Sanction to the Church , is but like Lucrum cessans , non damnum emergens . As it addes nothing to it , so it takes nothing away from it . If there be any clashing of Jurisdictions or defect in this kind , they lay the fault at the Magistrates door . It is a great sin or wickednesse , for the Magistrate to hinder the exercise , or execution of Ecclesiastical Discipline . Now we have seen the pernicious practices of their Synods , with the Doctrines from which they flow ; it remains to dispel umbrages wherewith they seek to hide the uglinesse of their proceedings & principles from the eyes of the world . We ( say they ) do give the Christian Magistrate a political Power to convocate Synods , to preside in Synods , to ratifie the Acts of Synods to reform the Church . We make him the keeper of both tables . Take nothing and hold it fast , here are good words , but they signifie nothing . Trust me whatsoever the Disciplinarians do give to the Magistrate , it is alwayes with a saving of their own stakes , not giving for his advantage but their own . For they teach that this power of the Christian Magistrate is not private and destructive to the power of the Church but cumulative , and onely auxiliary or assisting . Besides the power which they call abusively authoritative , but is indeed ministerial , of executing their decrees , & contributing to their setlement , they ascribe to the Magistrate concerning the Acts of Synods that which every private man hath , a judgement of discretion , but they retain to themselves the judgement of Jurisdiction . And if he judge not as they would have him , but suspend out of conscience the influence of his political power , where they would have him exercise it , they will either teach him another point of Popery , that is an implicite faith , or he may perchance feel the weight of their Church censures , and find quickly what manner of men they be , as our late gracious King Charls , and before him his Father , his Grandmother , & his great Grandmother did all to their cost . Then in plain English what is this political Power to call Synods , to preside in Synods , and to ratifie Synods , which these good men give to the Magistrate , and magnifie so much ? I shall tell the truth . It is a duty which the Magistrate ows to the Kirk , when they think necessary to have a Synod convocated , to strengthen their summous by a civil Sanction , to secure them in comming to the Synod , & returning from the Synod , to provide them good accommodation , to protect them from dangers , to defend their Rights and Priviledges . To compel obstinate persons by civil Laws and punishments to submit to their censures and decrees . What gets the Magistrate by all this to himself ? He may put it all in his eye , and see never a whit the worse . For they declare expresly that neither all the power , nor any part of the power , which Synods have to deliberate of , or to define Ecclesiastical things , ( though it be in relation to their own Subjects ) doth flow from the Magistrate , but because in those things which belong to the outward man , ( mark the reason ) the Church stands in need of the help of the Magistrate . Fair fall an ingenuous confession , they attribute nothing to the Magistrate , but onely what may render him able to serve their own turns , and supply their needs . I wish these men would think a little more of the distinction , between habitual and actual Jurisdiction . After a School-master hath his license to teach , yet his actuall Jurisdiction doth proceed from the Parents of his Scholars . And though he enjoy a kind of Supremacy among them , he must not think that this extinguisheth , either his own filial duty , or theirs . Like this power of presiding politically in Synods is the other power which they give him of reforming the Church , that is when the State of the Church is corrupted , but not when it is pure , as they take it for granted , that it is , when the Jurisdiction is in their own hands . Although godly Kings and Princes , sometime by their own Authority , when the Kirk is corrupted , and all things out of order , place Ministers , and restore the true service of the Lord , after the example of some godly Kings of Judah , and divers godly Emperours and Kings also in the light of the New Testament ; yet where the Ministery of the Kirk is once lawfully constituted , and they that are placed , do their office faithfully , all godly Princes and Magistrates ought to hear and obey their voice , and reverence the Majesty of the Son of God speaking in them . Leave ●…his jugling ; who shall judge , when the Church is corrupted ; the Magistrates or Church-men ? if the Magistrates , why not over you , as well as others ? If the Church-men , why not others as well as you ? here is nothing to be answered , but to beg the question , that they onely are the true Church . Hear another witnesse , in evil and troublesome times , and in a lap ed state of affairs ; when the order instituted by God in the Church , is degenerated to Tyranny , to the trampling upon the true Religion , and oppressing the Professours of it , when nothing is sound the godly Magistrate may do some things , which ordinarily are not lawfull &c. But ordinarily and of common right , in Churches already constituted , if a man flie to the Magistrate complaining that he is injured , by the abuse of Ecclesiastical Discipline , or if the Sentence of the Presbyteries displease the Magistrate , either in point of Discipline or of Faith , he must not therefore draw such causes to a civil trib●…nal , nor introduce a Political Papacy . And as the Magistrate hath power in extraordinary causes , when the Church is wholly corrupted , to reform Ecclesiastical abuses ; so if the Magistrate shall Tyrannize , over the Church , it is lawfull to oppose him , by certain wayes and means , extraordinary ; how ever ordinarily not to be allowed . This is plain dealing , the Magistrate cannot lawfully reform them but in cases extraordinary ; and in cases extraordinary they may lawfully ●…eform the Magistrate , by means not to be ordinarily allowed , that is by force of arms . See the principles from whence all our miseries ; and the losse of our gracious Master , hath flowed ; and learn to detest them ; They give the Magistrate the custody of both tables , so they do give the same to themselves , they keep the second table , by admonishing him ; he keeps the first table by assisting them : they reform the abuses , of the first table by ordinary right , of the second table extraordinarily . He reforms the abuses against the second table ; by ordinary right : and the abuses against the first table extraordinarily . But can the Magistrate according to their learning call the Synod to an account for any thing they do , can he remedy the errours of a Synod either in Doctrine or Discipline ? No , if Magistrates had power to change , or diminish , or restrain the Rights of the Church ; the Condition of the Church , should be worse , and their liberties lesse , under a Christian Magistrate , than under an Heathen . For ( say they ) Parliaments and supreme Senates , are no more infallible then Synods , and in matters of Faith and Discipline more apt to err●… ; And again , the Magistrate is not judge of Spiritual causes controverted in the Church . And if he decr●…e any thing in such businesses , according to the wisdom of the flesh , and not according to the rule of Gods Word , and the wisdom which is from above , he must give an account of it unto God. Or may the supreme Magistrate oppose the execution of their disciplin practised in their Presbyteries , or Synods , by Laws or prohibitions ? No it is wickednesse , If he do so far abuse his authority , good Christians must rather suffer extremities , than obey him . Then what remedy hath the Magistrate , if he find himself grieved in this case ? He may desire and procure a review in another National Synod , that the matter may be lawfully determined by Ecclesiastical judgement . Yet upon this condition , that not withstanding the future review , the first sentence of the Synod be executed without delay , This is one main branch of Popery , and a grosse incrochment upon the right of the Magistrate . CHAP. III. That this Discipline robs the Magistrate of the last appeal of his Subjects . The second flows from this . The last appeal ought to be the Supream Magistrate , or Magistrates , within his or their Dominions , as to the highest Power under God. And where it is not so ordered , the Common-wealth can injoy no tranquillity , as we shall see in the second part of this discourse . By the Laws of England , if any man find himself grieved with the sentence or consistoriall proceedings of a Bishop , or of his officers , he may appeal from the highest judicatory of the Church to the King in Chancery , who useth in that case to grant Commissions under the great Seal to Delegates expert in the Laws of the Realm , who have power to give him remedy , and to see Justice done . In Scotland this would be taken in great scorn , as an high indignity upon the Commissioners of Christ , to appeal from his Tribunal , to the judgement of a mortal man. In the year 1582 , King James by his letter , by his messenger , the Master of Requests , and by an Herald at Arms prohibited the Assembly at Saint Andrews to proceed in the case of one Mongomery , and Mongomery , himself appealed to Cesar , or to King and Councel . What did our new Masters upon this ? They sleighted the Kings letter , his Messenger , his Herald , rejected the Appeal , as made to an incompetent Judge , and proceeded most violenlty in the cause . About four years after this another Synod held at Saint Andrews , proceeded in like manner against the Bishop of that See , for Voting in Parliament according to his conscience , and for being suspected to have penned a Declaration , published by the King and Parliament at the end of the Statutes , notwithstanding that he declined their judicature , and appealed to the King and Parliament . When did any Bishops dare to doe such acts ? There need no more instances , their book of Discipline it self being so full in the case , from the Kirk there is no reclamation , or appellation , to any Judge Civil or Ecclsiastical , within the Realm . CHAP. IV. That it exempts the Ministers from due punishment . THirdly , if Ecclesiastick persons in their Pulpits or Assemblies , shall leave their text and proper work to turn incendiaries , trumpeters of sedition , stirring up the people to tumults and disloial attempts , in all well ordered Kingdoms and Common-wealths , they are punishable by the civil Magistrate , whose proper office it is to take cognisa●…ce of treason and sedition . It was well said by a King of France to some such seditious Shebas , that if they would not let him alone in their Pulpits , he would send them to preach in another climate . In the united provinces there want not examples of seditious Oratours , who for controlling their Magistrates too sawcily in the Pulpit , have been turned both out of their Churches and Cities , without any fear of wresting Christs Scepter out of his hand . In Geneva it self , the correction of Ecclesiastical persons ( qua tales , ) is expresly reserved to the Signiory . So much our Disciplinarians have out-done their pattern , as the passionate writings of heady men out-do the calmer decrees of a stayed Senate . But the Ministers of Scotland have exempted themselves in this case from all secular judgement , as King James ( who knew them best of any man living ) wirnesseth . They said , he was an incompetent judge in such cases , and that matters of the Pulpit ought to be exempted from the judgement and correction of Princes . They themselves speak plain enough . It is an absurd thing , that sundry of them , ( Commissaries ) having no function of the Kirk , should be judges to Ministers , and depose them from their rooms . The reason holds as well against Magistrates , as Commissaries . To passe by the sawcy and seditious expressions of Mr. Dury , Mr. Mellvill , Mr. Ballcanquall , and their impunity . Mr. James Gibson in his sermon taxed the King for a persecutor , and threatened him with a curse , that he should die childlesse , and be the last of his race , for which being convented before the Assembly , and not appearing , he was onely suspended during the pleasure of his brethren , ( he should have been suspended indeed , that is hanged . ) But at another Assembly , in August following , upon his allegation , that his not appearing was out of his tender care of the rights of the Church , he was purged from his contumacy , without once so much as acquainting his Majesty . The case is famous of Mr. David Blake Minister of St. Andrews , who had said in his sermon , that the King had discovered the treachery of his heart , in admitting the Popish Lords into the countrie . That all Kings were the devils barus , that the devil was in the Court , and in the guiders of it , And in his prayer for the Queen he used these words , we must pray for her for ●…ashion sake , but we have no cause , she will never do us any good He ●…aid that the Queen of Englan●… ( Queen Elisabeth ) was an 〈◊〉 eist , that the Lords of the Session were mi●…creants and bribers , that the Nobility were degenerated , godless , dissemblers , and enemies to the Church , that the Councel were holly glasses , cormorants , and men of no Religion . I ap eal to all the Estates in Europe , what punishment could be evere enough for such audacious virulence ? The ●…ish Ambassadour complains of it ; Blake is cited before the Councel . The Commissione●…s of the Church plead , that it will be ill taken , to bring M●…ers in question upon such trifling delations , as inconsistent with the liberties of the Church . They conclude that a Declinatour should be used , and a Protestation made against those proceedings , saying it was Gods cause , whe●…ein they ought to stand to all hazards . Accordingly a Declinatour was framed and presented . Blake desires to be remitted to the Presbytery , as his O●…dinary . The Commissioners send the copie of the Declinatour to all the Presbyteries , requiring them for the greater corroboration of their doings to subscribe the same , and to commend the cause in hand in their private and publick prayers to God , using their best credit with their flocks for the maintenance thereof . The King justly incensed herewith , dischargeth the meeting of the Commissioners . Notwithstanding this Injunction they stay still and send Delegates to the King , to represent the inconveniences that might insue . The King more desirous to decline their envy , than they his judgement , offers peace . The Commissioners refuse it , and present an insolent petition , which the King rejects deservedly , and the cause was heard the very day that the Princ●…sse Elisabeth , ( now Queen of Bohemia ) was Christened . The witnesses were produced , M●… . Robert Ponte in the name of the Church makes a Protestation . Blake presents a second Decli●…atour . The Councel decree that the cause being treasonable , is cognoscible before them . The good King still seeks peace , sends messengers , treats , offers to remit ; But it is labour in vain . The Ministers answer peremtorily by Mr. Robert Brace their Prolocutor , that the liberty of Christs Kingdom had received such a wound , by this usurpation of the rights of the Church , that if the lives of Mr. Blake and twenty others had been taken , it would not have grieved the hearts of good people so much , as these injurious proceedings . The King still woos and confers . At last the matter is concluded that the King shall make a Declaration in favour of the Church , that Mr. Blake shall onely make an acknowledgement to the Queen , and be pardoned . But Mr. Blake refuseth to confesse any fault , or to acknowledge the King and Councel to be any judges of his Sermon . Hereupon he is convicted , and sentenced to be guilty of false and treasonable slanders , and his punishment referred to the King. Still the King treats , makes propositions unbeseeming his Majesty , once , or twice . The Ministers reject them , proclaim a fast , ●…ai e a tamult in Edenburgh , Petition , prefer Articles . The King depa teth from the Citie , removeth his ●…rts o●… J●…uice the people repent , t●…e Ministers persist , and seek to ingage the Subjects in a Covena●…t for ●…utuall defence . One M●… . Wa●…sh in his Sermon tells the people , that the King was possessed with a devil , yea with seven devils , that the subje●…s might lawfully rise and take the sword out of his hands . The Seditious incouraged from the Pulpit , send a letter to the Lord Hamilton , to come and be their General He noblv refuseth , and sheweth their letter to the King. Hereupon the Ministers are sought for to be apprehended , and flie into England . The Tumult is declared to be trea on by the Estates of the Kingdom . I have urged this the mo●…e largely ( yet as succinctly as I could ) to let the wo●…ld see , what dangerous Subjects these Di●…ciplinarians are , and how inconsistent their principles be , with all orderly Societies . CHAP. V. That it subjects the supreme Magistrate to their censures , &c. FOurthly , they have not onely exempted themselves in their duties of their own function from the tribunal of the Sovereign Magistrate , or Supreme Senate , but they have subjected him , and them ( yea even in the discharge of the Sovereign trust ) to their own Consistories , even to the highest censure of Excommunication , which is like the cutting of a member from the body Natural , or the out-lawing of a Subject in the body politick . Excommunication , that very engine , whereby the Popes of old advanced themselves above Emperours . To discipline m●…st all the Estates within this Rcalm be subject : as well R●…lers , as they that are ruled . And elswhere , all mea , as well Magistrates as Inferiours , ought to be subject to the judgement of General Assemblies . And yet again , no man that is in the Church , o●…ght to be exempted from Ecclesiastical censires . What horrid and pernicious mischiefs do use to attend the Excommunication of Sovereign Magistrates , I leave to every mans memory or imagination . Such cour●…es make great Kings become cyphers , and turn the tenure of a crown copie-hold , ad voluntatem Dominorum . Such Doctrines might better become some of the Roman Alexanders or Bonifaces or Grego●…ius or Plus Quintus than such great Professours of Humility , such great disclaimers of Authority , who have inveighed so bitterly against the Bishops for their usurpations . This was never the practice of any orthodo●… Bishop , St. Ambrose is mistaken , what he did to Theodosius was no act of Ecclesiastical jurisdiction , but of Christian discretion . No , he was better grounded , David said , Against thee onely have I sinned , because he was a King. Our Disciplinarians abhor the name of Authority , but hugge the thing , their profession of humility , is just like that Cardinals hanging up of a fishers net in his dining room , to put him in mind of his discent , but so soon as he was made Pope he took it down , saying , the fish was caught now , there was no more need of the net . CHAP. VI. That it robs the Magistrate of his Dispensative power . FIfthly , all supreme Magistrates do assume to themselves a power of pardoning offences and offenders , where they judge it to be expedient . He who believes that the Magistrate cannot with a good conscience dispence with the punishment of a penitent malefactour I wish him no greater censure than that the penal laws might be duly executed upon him , until he recant his errour . But our Disciplinarians have restrained this dispensative power , in all such crimes as are made capital by the judicial Law , as in the case of Bloud , Adultery Blasphemy , &c. in which cases , they say the offender ought to suffer death , as God hath commanded . And , If the life be spared as it ought not to be to the offenders , &c. And , the Magistrate ought to prefer Gods expresse commandment before his own corrupt judgement , especially in punishing these crimes which he commandeth to be punished with death . When the then Popish Earls of Angus , Huntley , and Erroll , were excommunicated by the Church , and forfeited for treasonable practices against the King , it is admirable to read with what wisdom and charity and sweetnesse his Majesty did seek from time to time to reclaim them from their errours , and by their unfeigned conversion to the reformed Religion to prevent their punishment . Wherein he had the concurrence of two Conventions of Estates , the one at Falkland , the other at Dumfermling . And on the other side to see with what bitternesse and radicated malice , they were prosecuted by the Presbyterics , and their Commissioners , sometimes petitioning , that they might have no benefit of law , as being excommunicated , Sometimes threatening , that they were resolved to pursue them to the uttermost , though it should be with the losse of all their lives in one day . That if they continued enemies to God and his Truth , the Countrey should not brook both them and the Lord together . Sometimes pressing to have their est●…es confisea●…d , and their lives taken away . Alledging for their ground , that by Gods Law they had deserved death . And when the King urged that the bosom of the Church should be ever open to penitent sinners , they answered , that the Church could not refuse their satisfaction , if it was truly offered , but the King was obliged to do justice . What do you think of those that roar out , Justice , Justice , now a dayes , whether they be not the right spawn of these Bloud-suckers , Look upon the examples of Cain , Esau , Ishmael , Antiochus , Antichrist , and tell me , if You ever find such supercilious , cruel , bloud-thirsty persons , to have been pious towards God , but their Religion is commonly like themselves , stark naught , Cursed be their anger for it was fierce , and their wrath , for it was cruel . These are some of those incroachments which our Disciplinarians have made upon the rights of all supreme Magistrates , there be sundry others , which especially concern the Kings of Great Brittain , as the losse of his tenths , first-fruits , and patronages , and which is more than all these , the dependence of his Subjects ; by all which we see , that they have thrust out the Pope indeed , but retained the Papacy . The Pope as well as they , and they as well as the Pope , ( neither barrel better herrings , ) do make Kings but half Kings , Kings of the bodies , not of the souls of their Subjects : They allow them some sort of judgement over Ecclesiastical persons , in their civil capacities , for it is little ( according to their rules ) which either is not Ecclesiastical , or may not be reduced to Ecclesiastical . But over Ecclesiastick persons , as they are Ecclesiasticks , or in Ecclesiasticall matters , they ascribe unto them no judgement in the world . They say it cannot stand with the word of God , that no Christian Prince ever claimed , or can claim to himself such a power , If the Magistrate will be contented to wave his power in Ecclesiastical matters , and over Ecclesiastical persons , ( as they are such , ) and give them leave to do what they list , and say what they list in their Pulpits , in their Consistories , in their Synods , and permit them to rule the whole Common-wealth , in order to the advancement of the Kingdom of Christ. If he will be contented to become a subordinate Minister to their Assemblies , to see their decrees executed , then it may be they will become his good Masters , and permit him to injoy a part of his civil power . When Sovereigns are made but accessaries , and inferiours do become principals , when stronger obligations are devised , than those of a subject to his Sovereign , it is time for the Magistrate to look to himself , these are prognosticks of insuing storms , the avant curriers of seditious tumults . When supremacy lights into strange and obscure hands , it can hardly contain it self within any bounds . Before our Disciplinatians be well warmed in their Ecclesiastical Supremacy , they are beginning , or rather they have already made a good progresse in the invasion of the temporal Supremacy also . CHAP. VII . That the Disciplinarians cheat the Magistrate of his Civil Power in order to Religion . That is their sixt in croachment upon the Magistrate , and the verticall point of Je●…uitisine . Consider first how many civil causes thev have drawn directly into their Consistories , and made them of Ecclesiastical cognisance , as tra●… in Bargaining , false w●…ights and measures , opp essing one another , &c. and in the case of Ministers , bribery , perjury , theft , fighting , ●…sury , &c. Secondly consider that all offences whatsoever are made cognoscible in their Consisto●…ies in case of candal , yea even such as are punishable by the civil sword with death : If the civi sword foolishly spate the life of the offender , yet may not the Kirk be negligent in their office , which is to excommunicate the wicked Thirdly they ascribe unto their Ministers a liberty and power to direct the Magistrate , even in the Managerie of civil affairs : To govern the Common-wealth , and to establish civil laws is prope , to the Magistrate : To interpret the word of God , and from thence to she v the Magistrate his duty , how he ought to govern the Common-wealth , and how he ought to use the Sword , is comprehended in the office of the Minister , for the holy Scripture is profitable to shew what is the best government of the Common-wealth . And again all the duties of the second table as well as of the first , between King and Subject , parents and children , husbands and wives , Masters and servants , &c. are in difficult cases a subject of cognisance and judgement to the Assemblies of the Ki●…k . Thus they are risen up from a judgement of direction to a judgement of Jurisdiction , And if any persons , Magistrares or others dare act contrary to this judgement of the Assembly , ( as the Parliament and Committee of Estates did in Scotland in the late expedition ) thev make it to be an unlawfull ingagement , a sinfull War , contrary to the Testimonies of Gods servants , and dec●…ce the parties so offending to be 〈◊〉 sper●…ed from the communion , and from their offices in the Kirk . I confesse Ministers do well to exhort Christians to be carefull honest , indust ious in their special callings : but fo them to meddle pragmatically with themysteries of particular trades and much more with the mysteries of State , which never came within the compasse of their shallow capacities , is a most audacious insolence , and an insufferable pre umption . They may as well teach the Pilot how to steer his course in a tempest , or the Physitian how to cure the distempers of his patient . But their highest cheat is that Jesuiticall invention , ( in ordine ad spiritualia , ) they assume a power in worldly affairs indirectly , and in order to the advancement of the kingdom of Christ. The Ecclesiastical Ministery is conversant spiritually about civil things . Again must not duties to God whereof the securing of religion is a main one , have the Supreme and first place , duties to the King a subordinate and second place ? The case was this . The Parliament levied forces to free their King out of prison . A meer civil duty . But the commissioners of the Assembly declare against it , unlesse the King will first give assurance under hand and seal by solemn oath , that he will establish the Covenant , the Presbyterian discipline , &c. in all his Dominions , and never indeavour any change thereof , least otherwise his liberty might bring their bygone proceedings about the League & Covenant into question , there is their power in ordine ad spiritualia . The Parliament will restore to the King his negative voice . A meer civil thing . The commissioners of the Church oppose it , because of the great dangers that may thereby come to Religion . The Parliament name Officers and Commanders for the Army . A meer civil thing . The Church will not allow them because they want such qualifications as Gods word requires , that is to say in plain terms , because they were not their confidents . Was there ever Church challenged such an omnipotence as this ? Nothing in this world is so civil or political , wherein they do not interest themselves , in order to the advancement of the kingdom of Christ. Upon this ground their Synod enacted , that no Scotish merchants should from thenceforth traffique in any of the dominions of the King of Spain , until his Majesty had procured from that King some relaxation of the rigour of the inquisition , upon pain of excommunication . As likewise that the Munday market at Edenburgh should be abolished , It seems they thought it ministered some occasion to the breach of the Sabbath . The Merchants petitioned the king to maintain the liberty of their trade , He grants their request but could not protect them , for the Church prosecured the poor merchants with their censures , untill they promised to give over the Spanish trade , so soon as they had perfected their accounts , and payed their Creditors in those parts . But the Shoemakers who were most interested in the Munday markets with their tumults and threatenings compelled the Ministers to retract , whereupon it became a jest in the City , that the Souters could obtain more at the Ministers hands , than the King. So they may meddle with the Spanish trade or Munday markets , or any thing in order to Religion . Upon this ground they assume to themselves a power to ratifie Acts of Parliament , So the assembly at Edenburgh enacted , That the Acts made in the Parliament at Edenburgh the 24 of August . 1560 , ( without either Commission or Proxie from their Sovereign , ) touching Religion , &c. should have the force of a publick Law. And that the said Parliament , so far as concerned Religion , should be maintained by them , &c. and be ratified by the first Parliament that should happen to be kept within that Realm . See how bold they make with Kings and Parliaments , in order to Religion . I cannot omit that famous summons which this assembly sent out , not onely to entreat , but to admonish all persons truly professing the Lord Jesus within the Realm , as well Noble-men as Barons and those of other estates to meet and give their personal appearance at Edenburgh the 20 of Iuly ensuing , for giving their advise and concurrence in matters then to be proponed , especially for purging the Realm of Popery , establishing the policy of the Church , and restoring the patrimony thereof to the just possessours . Assuring such as did absent themselves that they should be esteemed dissimulate professours , unworthy of the fellowship of Christs flock , who thinks your Scotish Disciplinarians know not how to ruffle it ? Upon this ground they assume a power to abrogate and invalidate Laws and Acts of Parliament , if they seem disadvantagious to the Church . Church Assemblies have power to abrogate and abolish all statutes and ordinances concerning Ecclesiastical matters , that are found noysom and unprofitable , and agree not with the times , or are abused by the people . So the Acts of Parliament 1584. at the very same time that they were proclaimed , were protested against at the market crosse of Edenburgh by the Ministers , in the name of the Kirk of Scotland . And a little before , whatsoever be the Treason of impugning the authority of Parliament , it can be no Treason to obey God rather than man. Neither did the General assembly of Glasgow 1638 , &c. commit any treason , when they impugned Episcopacy , and Perth-Articles , although ratified by Acts of Parliament , and standing laws then unrepealed . He saith so far true , that we ought rather to obey God than man , that is , to suffer when we cannot act ; but to impugn the authority of a lawfull Magistrate , is neither to obey God nor man. God commands us to die innocent rather than live nocent , they teach us rather to live nocent , than die innocent Away with these seeds of sedition , these rebellious principles , Our Master Christ hath left us no such warrant , and the unsound practise of an obscure Conventicle is no safe patern . The King was surprized at Ruthen by a company of Lords and other conspirators ; this fact was as plain Treason as could be imagined , and so it was declared ; ( I say declared , not made ) in Parliament . Yet an Assembly Generall ( no man gain-saying ) did justify that Treason in order to Religion as good and acceptable service to God , their Soveraign , and native Countrey , requiring the Ministers in all their Churches to commend it to the people , and exhort all men to concurre with the actors , as they tendred the glory of God , the full deliverance of the Church , and perfect reformation of the Common-wealth , threatning all those who subscribed not to their judgement with Excommunication . We see this is not the first time that Disciplinarian Spectacles have made abominable Treason to seem Religion , if it serve for the advancement of the good Cause . And it were well if they could rest here , or their zeale to advance their Ecclesiasticall Soveraignty , by force of Armes , and effusion of Christian blood , would confine it self within the limits of Scotland : No , those bounds are too narrow for their pragmaticall spirits : And for busie Bishops in other mens Diocesses , see the Articles of Sterling , That the securing and setling Religion at home , and promoting the work of Reformation abroad , in England and Ireland , be referred to the determination of the General Assembly ( of the Kirk ) or their Commissioners . What , is old Edenburgh turned new Rome and the old Presbyters young Cardinals , and their Consistory a Conclave , and their Committees a Juncto for propagating the faith ? Themselves stand most in need of Reformation ; If there be a more in the eye of our Church , there is a beam in theirs . Neither want we at home God be praised , those who are a thousand times fitter for learning , for piety , for discretion , to be reformers , then a few giddy innovators . This I am sure , since they undertook our cure against our wills , they have made many fat Church-yards in England . Nothing is more civill , or essentiall to the Crowne , then the Militia , or power of raising Armes : Yet we have seen in the attempt at Ruthen , in their Letter to the Lord Hamilton , in their Sermons , what is their opinion . They insinuate as much in their Theorems , It is lawfull to resist the Magistrate by certain extraordinary wayes or meanes , not to be ordinarily allowed . It were no difficult task out of their private Authors , to justifie the barbarous acts that have been committed in England . But I shall hold my selfe to their publike actions and records . A mutinous company of Citizens forced the gates of Halyrood-house , to search for a Priest , and plund●…r at their pleasure . Mr. Knox was charged by the Councell to have bin the author of the sedition ; and further , to have convocated his Majesties Subjects by Letters missive when he pleased . He answered , that he was no preacher of Rebellion , but taught people to obey their Princes in the Lord ; [ I fear he taught them likewise , that he and they were the competent judges what is obedience in the Lord. ] He confessed his convocating of the Subjects by vertue of a command from the Church , to advertise the brethren when he saw a necessity of their meeting , especially if he perceived Religion to be in peril . Take another instance , The Assembly having received an answer from the King , about the tryall of the Popish Lords , not to their contentment , resolve all to convene in Armes at the place appointed for the tryall ; whereupon some were left at Edenburgh to give timely advertisement to the rest . The King at his return gets notioe of it , calls the Ministers before him , shewes them what an undutifull part it was in them to levy Forces , and draw his Subjects into Armes without his Warrant . The Ministers pleaded , That it was the cause of God , in defence whereof they could not be defieient . This is the Presbyterian wont , to subject all causes and persons to their Consistories , to ratifie and abolish civill Lawes , to confirm and pull down Parliaments , to levy Forces , to invade other Kingdoms , to do any thing respectively to the advancement of the good cause , and in order to Religion . CHAP. VIII . That the Disciplinarians challenge this exorbitant Power by Divine Right . BEhold both Swords spirituall and temporall in the hands of the Presbytery , the one ordinarily by common right , the other extraordinarily ; the one belonging directly to the Church , the other indirectly ; the one of the Kingdome of Christ , the other for his Kingdom , in order to the propagation of Religion . See how these hocas p●…cases with stripping up their sleeves and professions of plain-dealing , with declaiming against the tyranny of Prelates , under the pretense of humility and Ministeriall duty , have wrested the Scepter out of the hand of Majesty , and jugled themselves into as absolute a Papacy , as ever was within the walls of Rome . O Saviour , behold thy Vicars , and see whither the pride of the servants of thy servants is ascended . Now their Consistories are become the Tribunalls of Christ. That were strange indeed ! Christ hath but one Tribunall , his Kingdome is not of this world . Their determinations passe for the Sentences of Christ. Alas there is too much faction , and passion , and ignorance in their Presbyteries . Their Synodall Acts go for the Lawes of Christ. His Lawes are immutable , mortall man may not presume to alter them , or to adde to them ; but these men are chopping and changing their constitutions every day . Their Elders must be looked upon as the Commissioners of Christ. It is impossible ! Geneva was the first City where this discipline was hatched , though since it hath lighted into hucksters hands . In those dayes they magnified the platform of Geneva , for the pattern sbewed in the mount . But there , the Presbyters at their admission take an oath , to observe the Ecclesiasticall Ordinances of the small , great , and generall Councels of that City . Can any man be so stupid , as to think , that the high Commissioners of Christ swear fealty to the Burgers of Geneva ? Now forsooth their Discipline is become the Scepter of Christ , the Eternall Gospel . ( See how successe exalts mens desires and demands . ) In good time , where did this Scepter lye hid for 1500. yeers , that we cannot finde the least footsteps of it in the meanest village of Christendome ? This world drawes towards an end ; was this discipline fitted and contrived for the world to come ? Or how should it be the Eternal Gospel ? When every man sees how different it is from it self , in all Presbyterian Churches , adapted and accommodated to the civill policy of each particular place where it is admitted , except onely Scotland , where it comes in like a Conqueror , and makes the Civill Power stoop and strike topsaile to it . Certainly , if it be the Gospel , it is the fifth Gospel , for it hath no kindred with the other foure . There is not a Text which they wrest against Episcopacy , but the Independants may with as much colour of reason , and truth , urge it against their Presbyteries . Where doth the Gospel distinguish between temporary and perpetuall Rulers ? Between the Government of a person , and of a corporation ? There is not a Text which they produce for their Presbytery , but may with much more reason be alledged for Episcopacy , and more agreeable to the analogie of faith , to the perpetuall practice and belief of the Catholick Church , to the concurrent Expositions of all Interpreters , and to the other Texts of holy Scripture ; for untill this new modell was yesterday devised none of those Texts were ever so understood . When the practise ushers in the doctrine , it is very suspicious , or rather evident , that the Scripture was not the rule of their reformation , but their subsequent excuse . This ( jure divine ) is that which makes their sore incurable , themselves incorrigible , that they father their own brat upon God Almighty , and make this Mushrome which sprung but up the other night , to be of heavenly descent . It is just like the doctrine of the Popet infallibility , which shuts the door against all hope of remedy . How should they be brought to reform their errors , who beleeve they cannot erre , or they be brought to renounce their drowsy dreams , who take it for granted , that they are divine revelations ! And yet when that wise Prince , King Iames , a little before the Nationall Assembly at Perth , published in print 55. Articles or Questions , concerning the uncertainty of this Discipline , and the vanity of their pretended plea of divine right , and concerning the errours and abuses crept into it , for the better preparation of all men to the ensuing Synod , that Ministers might study the point beforehand , and speak to the purpose ; they who stood affected to that way were extremely perplexed . To give a particular account , they knew well it was impossible ; but their chiefest trouble was , that their foundation of divine right , which they had given out all this while to be a solid rock , should come now to be questioned for a shaking quagmire . And so without any opposition they yeelded the bucklers . Thus it continued untill these unhappy troubles , when they started aside again like broken bowes . This plant thrives better in the midst of tumults , then in the times of peace and tranquillity . The Elme which supports it , is a factious multitude , but a prudent and couragious Magistrate nips it in the bud . CHAP. IX . That this Discipline makes a monster of the Commonwealth . VVE have seen how pernicious this Discipline ( as it is maintained in Scotland , and endeavoured to be introduced into England by the Covenant , ) is to the supreme Magistrate , how it rob●… him of his Supremacy in Ecclesiasticall affaires , and of the last appeals of his own Subjects , that it exempts the Presbyters from the power of the Magistrate , and subjects the Magistrate to the Presbyters , that it restraines his dispensative power of pardoning , deprives him of the dependance of his Subjects , that it doth challenge and usurp a power paramount both of the Word and of the Sword , both of Peace and War , over all Courts and Estates , over all Laws Civill and Ecclesiasticall , in order to the advancement of the Kingdom of Christ , wherof the Presbyters alone are constituted rulers by God , and all this by a pretended divine right , which takes away all hope of remedy , untill it be hissed out of the world ; in a word , that it is the top-branch of Popery , a greater tyranny , then ever Rome was guilty of . It remains to show how disadvantagious it is also to the Subject . First , to the Common-wealth in generall , which it makes a Monster , like an Amphis●…baina , or a Serpent with two heads , one at either end . It makes a coordination of Soveraignty in the same Society , two supremes in the same Kingdom or State , the one Civill , the other Ecclesiasticall , then which nothing can be more pernicious , either to the consciences , or the estates of Subjects , when it falls out ( as it often doth ) that from these two heads issue contrary commands , If the Trumpet give an uncertain sound , who shall prepare himself to the battel ? Much more when there are two Trumpets , and the one sounds an Alarm , the other a Retreat . What should the poor Souldier do in such a case ? or the poor Subject in the other case ? If he obey the Civill Magistrate , he is sure to be excommunicated by the Church ; if he obey the Church , he is sure to be imprisoned by the Civill Magistrate ; What shall become of him ? I know no remedy , but according to Solomons sentence , the living Subject must be divided into two , and the one half given to the one , and the other half to the other . For the Oracle of Truth hath said , that one man cannot serve two Masters . But in Scotland every man must serve two Masters , and ( which is worse ) many times disagreeing Masters . At the same time the Civill Magistrate hath commanded the Feast of the Nativity of our Saviour to be observed , and the Church hath forbidden it . At the same time the King hath summoned the Bishops to sit and Vote in Parliament , and the Church hath forbidden them . In the year 1582. Monsieur-le-mot , a Knight of the Order of the Holy Ghost , with an associate , were sent Ambassadours from France into Scotland : The Ministers of Edenburgh approving not his Message , ( though meerly Civill , ) inveigh in their Pulpits bitterly against him , calling his White Crosse the badge of Antichrist , and himself the Ambassadour of a Murtherer . The King was ashamed , but did not know how to help it ; The Ambassadours were discontented and desired to be gone : The King willing to preserve the ancient Amity between the two Crownes , and to dismisse the Ambassadours with content , requires the Magistrates of Edenburgh to feast them at their departure ; so they did ; But to hinder this feast , upon the Sunday preceding , the Ministers proclame a Fast to be kept the same day the Feast was appointed ; and to deteine the people all day at Church ; the three Preachers make three Sermons , one after another without intermission , thundring out curses against the Magistrates and Noblemen which waited upon the Ambassadors by the Kings appointment . Neither stayed they here , but pursued the Magistrates with the censures of the Church , for not observing the Fast by them proclaimed ; and with much difficulty were wrought to abstaine from Excommunicating of them ; which censure , how heavy it falls in Scotland , you shall see by and by . To come yet neerer , the late Parliament in Scotland injoyned men to take up Armes for delivery of their King out of prison ; The Commissioners for the Assembly disallowed it ; and at this present how many are chased out of their Country ? How many are put to publike repentance in sackeloth ? how many are excommunicated , for being obedient to the Supreme Ludicatory of the Kingdom , that is , King and Parliament ? Miserable is the condition of that people where there is such clashing and interfereing of Suprem Judicatories and Authorities . If they shall pretend that this was no free Parliament : First , they affirm that which is not true ; either that Parliament was free , or what will become of the rest ? Secondly , this plea will advantage them nothing ; for ( which is all one with the former ) thus they make themselves Judges of the validity or invalidity of Parliaments . CHAP. X. That this Discipline is most prejudiciall to the Parliament . FRom the Essentiallbody of the Kingdom we are to proceed to the repraesentative body , which is the Parliament . We have already seen , how it attributes a power to Nationall Synods to restrain Parliaments , and to abrogate their Acts , if they shall judge them prejudiciall to the Church . We need no other instance , to shew what small account Presbyteries do make of Parliaments , then the late Parliament in Scotland . Notwithstanding that the Parliament had declared their resolution to levy forces vigorously , a●…d that they did expect as well from the Synods and Presbyteries , as from all other his Majesties good Subiects , aready obedience to the commands of Parliament , and Committee of Estates . The Commissioners of the Assembly not satisfied herewith , do not onely make their proposalls , that the grounds of the Warre and the breaches of the Peace might be cleared , that the union of the Kingdomes might be preserved , that the popish and prelaticall party might bee suppressed , that his Majesties offers concerning Religion might be declared unsatisfactory , that before his Majesties restitution to the exercise of his Royall power , he shall first engage himself by folemn Oath under his hand and Seal , to passe Acts for the settlement of the Covenant and Presbyterian Government in all his Dominions , &c. And never to oppose them , or endeavour the Change of them , ( An usurer will trust a bankrupt upon easier tearms , then they will do their Soveraign , ) and lastly , that such persons onely might be intrusted , as had given them no cause of jealousie , ( which had been too much , and more then any estates in Europe will take in good part from half a dozen Ministers , ) But afterwards by their publick Declaration to the whole Kirk and Kingdom , set forth that not being satisfied in these particulars , they do plainly dissent and disagree , and declare that they are clearly perswaded in their consciences , that the Engagement is of dangerous consequence to true Religion , prejudiciall to the Liberty of the Kirk , favourable to the Malignant party , inconsistent with the union of the Kingdom ; Contrary to the word of God and the Covenant , wherefore they cannot allow either Ministers or any other whatsoever to concu●… and cooperate in it , and trust that they will keep themselves free in this businesse , and choose affliction rather then iniquitie . And to say the Truth , they made their word good . For by their power over the Church-men , and by their influence upon the people , and by threatening all those who engaged in that action with the censures of the Church , they retarded the Levies , they deterred all preachers from accompanying the Army to do divine offices . And when Saint Peters keyes would not serve the turn , they made use of Saint Pauls sword , and gathered the countrey together in arms at Machleene-Moore to oppose the expedition . So if the high court of Parliament will set up Presbytery , they must resolve to introduce an higher court then themselves , which will overtop them for eminency of authority , for extent of power , and greatnesse of priviledges , that is , a Nationall Synod . First for authority , the one being acknowledged to be but an humain convention , the other affirmed confidently to be a divine instistution . The one sitting by vertue of the Kings writ , the other by vertue of Gods writ . The one as Councellers of the Prince , the other as Ambassadours and Vicars of the sonne of God. The one as Burgesses of Corporations , the other as Commissioners of Iesus Christ. The one judging by the law of the land , the other by the holy Scriptures . The one taking care for this temporall life , the other for eternall life . Secondly for power , as Curtius saith , ubi multitudo vana religione capta est , melius vatibus suit quam ducibus paret , where the multitude is led with superstition , they do more readily obey their Prophets then their Magistrates . Have they not reason ? Pardon us O Magistrate , thou threatenst us with prison , they threaten us with hell fire . Thy sentence deprives us of civill prorection , and the benefit of the law , so doth theirs indirectly , and withall makes us strangers to the common-wealth of Israel . Thou canst out-law us , or horn us , and confiscate our estates , their keyes do the same also by consequence , and moreover deprive us of the prayers of the Church , and the comfortable use of the blessed Sacraments . Thou canst deliver us to a Pursevant , or commit us to the Black Rod , they can deliver u●… over to Sathan , and commit us to the prince of darknesse . Thirdly for priviledges , the priviledges of Parliament extend not to treason selony , or breach of peace , but they may talke treason , and act treason , in their pulpits and Synods without controlment . They may securely commit not onely petilarciny but Burglary , and force the dores of the pallace Royall . They may not onely break the peace , but convocate the Subjects in armes , yea give warrant to a particular person , to ●…onveen them by his letters missives , according to his discretion , in order to religion . Of all which we have seen instances in this discourse . The priviledges of Parliaments are the Graces and Concessions of man , and may be taken away by humane Authority , but the priviledges of Synods they say are from God , and cannot without Sactiledge be taken away by mortall man. The two Houses of Parliament can not name Commissioners to sit in the intervalles , and take care ne quid detrimenti capiat respublica , that the Common-wealth receive no prejudice ; But Synods have power to name vicars Generall , or Commissioners , to sit in the intervalles of Synods , and take order that neither King nor Parliament nor people do incroach upon the Liberties of the Church . If there be any thing to do , they are ( like the fox in Aesops fables , ) sure to be in at one end of it . CHAP. XI . That this Discipline is oppressive to particular persons . TOwards particular persons this Discipline is too full of rigour , like Dracos lawes that were written in blood . First in lesser saults , inflicting Church censures upon sl ight grounds , As for an uncomely gesture , for a vain word , for suspition of covetousnesse or pride , for superfluity in raiment , either for cost or fashion , for keeping a table above a mans calling or means , for dancing at a wedding , or of servants in the streets , for wearing a mans hair a●…la mode , for not paying of debts , for using the least recreation upon the Sabbath , though void of scandall , and consistent with the duties of the day . I wish they were acquainted with the practise of all other Protestant Countries . But if they did but see one of those kirmesses which are observed in some places , the pulpit , the consistory , the whole Kingdom would not be able to hold them . What digladiations have there been among some of their sect about starch and cuffes , &c. just like those grave debates which were sometimes among the Franciscans , about the colour and fashion of their gowns ? They do not allow men a latitude of discretion in any thing . All men , even their Superiours must be their slaves or pupils . It is true they begin their censures with admonition , And if a man will confesse himself a delinquent , be sorry for giving the Presbyters any offence , and conform himself in his hair , apparrell , diet , every thing , to what these rough hewen Catos shall prescribe , he may escape the stool of repentance , otherwise they will proceed against him for contumacy , to Excommunication . Secondly , this discipline is oppressive in greater saults . The same man is punished twice for the same crime first by the Magistrate according to the lawes of God and the land , for the offence : then by the censures of the Church for the scandall . To this agrees their Synod , Nothing forbids the same fault in the same man to be punished one way by the politicall power , another way by the Ecclesiasticall ; by that under the formality of a crime with Corporall or pecuniary punishment , by this under the formality of scandall with spirituall censures . And their book of Discipline , If the civill sword foolishly spare the life of the offender , yet may not the Kirk be negligent in their office . Thus their Liturgy in expresse termes , All crimes which by the law of God deserve death , deserve also Excommunication . Yea , though an offender abide an assise , and be absolved by the same , yet may the Church injoyn him publick satisfaction . Or if the Magistrate shall not think sit in his judgement , or cannot in conscience prosecure the party upon the Churches intimation , the Church may admonish the Magistrate publickly . And if no remedy be found , excommunicate the offender , first for his crime , and then for being suspected to have corrupted the judge . Observe first that by hook or crook they will bring all crimes whatsoever , great and small , within their Iurisdiction . Secondly , observe that a delinquents triall for his life is no sufficient satisfaction to these third Cato's . Lastly , observe that to satisfie their own humour , they care not how they blemish publickly the reputation of the Magistrate upon frivolous conjectures . Thirdly , adde to this which hath been said , the severity and extreame rigour of their Excommunication , after which sentence no person ( his wife and family onely excepted ) may have any kinde of conversation with him that is excommunicate , they may not eate with him , nor drink with him , nor buy with him , nor sell with him , they may not salute him , nor speak to him , [ except it be by the license of the Presbytery , ] His children begotten and born after that sentence , and before his reconciliation to the Church , may not be admitted to baptisme , untill they be of age to require it , or the mother or some speciall friend being a member of the Church present the childe , abhorring and damning the iniquity and obstinate contempt of the Father . Adde further that upon this sentence letters of horning ( as they use to call them in Scotland ) do follow of course , that is an out-lawing of the party , a confiscation of his goods , a putting him out of the Kings protection , so as any man may kill him , and be unpunished ; yea , the party excommunicate is not so much as cited to hear those fatall Letters granted . Had not David reason to pray , Let me fall into the hands of the Lord , not into the hands of men , for their mercies are cruell . Cruell indeed , that when a man is prosecuted for his life , perhaps justly , perhap●… unjustly , so as appearing and hanging are to him in effect the same thing ; yet if he appeare not , this pitifull Church will Excommunicate him for contumacy : Whether the offender be convict in judgement , or b●… fugitiv●… from the Law , the Church ought to proceed to the sentence of Excommunication ; as if the just and evident fear of death did not purge away contumacy . CHAP. XII . That this Discipline is hurtfull to all orders of men . LAstly , this Discipline is burthensome and disadvantagious to all orders of men . The Nobility and Gentry must expect to follow the fortune of their Prince . Vpon the abatement of Monarchy in Rome , remember what dismall controversies did presently spring up between the Patricii and Plebci . They shall be subjected to the censures of a raw heady novice , & a few ignorant Artificers ; they shall lose all their advowsons of such Benefices as have cure of soules , as they have lately found in Scotland ) for every Congregation ought to choose their own Pastour . They shall hazzard their Appropriations and Abbey-lands : A Sacrilege which their Nationall Synod cannot in conscience tolerate , longer then they have strength sufficient to overthrow it . And if they proceed as they begin , the Presbyters will in a short time either accomplish their designe , or change their soyle . They shall be bearded and maited by every ordinary Presbyter , witnesse that insolent speech of Mr. Robert Bruce to King Iames , Sir , I see your resolution is to take Huntley in favour ; if you doe , I will oppose ; You shall choose whether you will lose Huntly or me ; for us both you cannot keep . It is nothing with them for a pedant to put himselfe into the ballance with one of the prime and most powerfull Peers of the Realme . The poor Orthodox Clergy in the meane time shall be undone , their straw shall be taken from them , and the number of their bricks be doubled : They shall lose the comfortable assurance of an undoubted succession by Episcopall Ordination , and put it to a dangerous question , whether they be within the pale of the Church : They shall be reduced to ignorance , contempt , and beggery ; They shall lose an ancient Liturgy , ( warranted in the most parts of it by all , in all parts of it by the most publike formes of the Protestant Churches , whereof a short time may produce a parallel to the view of the world , ) and be enjoyned to prate and pray non-sence everlastingly . For howsoever formerly they have had a Liturgy of their owne , as all other Christian Churches have at this day ; yet now it seems they allow no prayers , but extemporary . So faith the information from Scotland , It is not lawfull for a man to tye himself , or be tyed by others , to a prescript form of words in prayer and exhortation . Parents shall lose the free disposition of their own children in marriage if the childe desire an husband or a wife , and the parent gainst and their request , and have no other cause then the common of men have , to wit lack of goods , or because the other party is not of birth high enough , upon the childes desire , the Minister is to travail with the parents , and if he finde no just cause to the contrary , may admit them to maerriage . For the work of God ought not to be hindered by the corrupt affections of worldly men . They who have stripped the father of their Countrey of his just right , may make bold with fathers of families , and will not stick to exclude all other fathers , but themselves out of the fifth commandement . The doctrine is very high , but their practise is yet much more high , The Presbyteries will compell the wronged parent to give that childe as great a portion as any of his other children . It will be ill newes to the Lawyerrs to have the moulter taken away from their Mills upon pretence of scandall , or in order to Religion , to have their sentences repealed by a Synod of Presbyters , and to receive more prohibitions from Ecclesiasticall Courts , then ever they sent thither . All Masters and mistresses of families , of what age or condition soever , must come once a year before the Presbyter , wish their housholds , to be examined personally whether they be fit to receive the Sacrament , in respect of their knowledge , and otherwise . And if they suffer their children or servants to continue in wilfull ignorance ( What if they cannot help it ? ) they must be excommunicated . It is probable , the persons catechised could often better instruct their Catechists . The common people shall have an High-Commission in every parish , and groan under the Arbitrary dec●…ees of ignorant unexperienced Governours , who know no Law but their own wills , who observe no order but what they list ; from whom lyes no appeale but to a Synod , which for the shortnesse of its continuance can afford which for the condition of the persons wil afford them little relief . If there arise a private jar between the parent and the child , or the husband and the wife , these domesticall Iudges must know it , and censure it . Scire volunt secreta do●…us , atque inde timeri . And if there have been any suit or difference between the Pastor and any of hi flock , or between Neighbour and Neighbour , be sure it will not be forgotten in the sentence . The practice of our Law hath been , that a Iudge was rarely permitted to ride a circuit in his owne countrey , least private interest or respects might make him partiall . Yet a Country is much larger then a Parish and a grave learned Iudge is presumed to have more temper then such home-bred fellowes . Thus wee see what a Pandoras box this pretended holy Discipline is , full of manifold mischiefes , and to all orders of men most pernicious . CHAP. XIII . That the Covenant to introduce this Discipline is void and wicked , with a short Conclusion . BVt yet the conscience of an Oath sticks deep . Some will plead , that they have made a Covenant with God , for the introduction of this Discipline , Oaths and Vowes ought to be made with great judgement , and broken with greater . My next task therefore must be to demonstrate this clearly , that this Covenenant is not binding , but meerly void , and not onely void but wicked ; so as it is necessary to break it , and impious to observe it . The first thing that cracks the credit of this new Covenant is , that it was devised by strangers , to the dishonour of cur Nation , imposed by Subjects , who wanted requisite power upon their Soveraign and fellow-subjects , extorted by just feare of unjust sufferings . So as a may truly say of many who took this Covenant , that they sinned in pronouncing the words with their lips , but never consented with their hearts to make any vow to God. Again , error and deceit make those things voluntary to which they are incident , especially when the errour●…s nor meerly negative by way of concealement of truth , when a man knowes not what he doth , but positive , when he beleeves he doth one thing , and doth the clean contrary , and that not about some inconsiderable accidents , but about the substantiall conditions . As if a Physitian , either out of ignorance or malice , should give his Patient a deadly poyson under the name of a cordial , and bind him by a solemn oath to take it , the Oath is void , necessary to be broken , unlawfull to be kept ; if the patient had known the truth , that it was no cordiall , that it was poyson , he would not have swom to take it . Such an errour there is in the Covenant with a witnesse , to gull men with a strange , unknown , lately devised platforme of Discipline , most pernicious to the King and Kingdom , as if it were the very institution of Christ , of high advantage to the King and Kingdom , to gull them with that Covenant which King James did sometimes take , as if that and this were all one , whereas that Covenant issued out by the Kings Authority , this Covenant without his Authority , against his Authority ; that Covenant was for the Lawes of the Realm , this is against the Lawes of the Realm ; that was to maintain the Religion established , this to overthrow the Religion established : But because I will not ground my Discourse upon any thing that is disputable , either in matter of Right , or Fact ; And in truth , because I have no need of them , I sorgive them these advantages , onely with this gentle memento , That when other forraign Churches , and the Church of Scotland it self ( as appeares by their publike Liturgy used in those dayes ) did sue for aid and assistance from the Crown and Kingdom of England , they did not go about to obtrude their owne Discipline upon them , but left them free to choose for themselves . The grounds which follow are demonstrative ; First , no man can dispose that by vow , or otherwise , either to God or man , which is the right of a third person without his consent : Neither can the●…nferiour oblige himselfe to the prejudice of his Superiour , contrary to his duty , without his Superiours allowance : God accepts no such pretences , to seem obsequious to him , out of the undoubted right of another person . Now the power of Armes , and the defence of the Lawes , and protection of the Subjects by those Armes , is by the Law of England clearly invested in the Crowne . And where the King is bound in conscience to protect , the Subject is bound in conscience to assist . Therefore every English Subject owes his Armes and his Obedience to his King , and cannot dispose them as a free gift of his owne ; nor by any act of his whatsoever diminish his Soveraignes right over him , but in those things wherein by Law he owes subjection to his Prince , he remaineth still obliged , notwithstanding any Vow or Covenant to the contrary ; especially when the subject and scope of the Covenant is against the known Lawes of the Realm . So as without all manner of doubt , no Divine or Learned Casuist in the world dissenting , This Covenant is either void in it selfe , or at least voided by his Majesties Proclamation , prohibiting the takirg of it , and nullifying its obligation . Secondly , It is confessed by all men that , that an Oath ought not to be the bond of iniquity , nor doth oblige a man to be a transgressour . The golden rule is , in malis promissis rescinde fidem , in turpi voto muta decretum , To observe a wicked engagement doubles the sinne : Nothing can be the matter of a Vow or Covenant , which is evidently unlawfull . But it is evidently unlawfull for a Subject or Subjects to alter the Lawes established by force , without the concurrence , and against the commands of the Supreme Legislator , for the introduction of a forraign Discipline . This is the very matter and subject of the Covenant . Subjects vow to God , and swear one to another , to change the Lawes of the Realm , to abolish the Discipline of the Church , and the Liturgy lawfully established , by the Sword , ( which was never committed to their hands by God or man , ) without the King , against the King , which no man can deny in earnest to be plain rebellion , And it is yet the worse , that it is to the main prejudice of a third order of the Kingdom , the taking away whose rights without their consents , without making them satisfaction , cannot be justified in point of conscience . ( Yea though it were for the greater convenience of the Kingdom , as is most falsely pretended , ) And is harder measure then the Abbots and Friers received from Henry the eight , or then either Christians or Turkes do offer to their conquered enemies . Lastly a supervenient oath or covenant either with God or man , cannot take away the obligation of a just oath precedent . But such is the Covenant , a subsequent oath , inconsistent with , and destructive to a precedent oath , that is the oath of Supremacy , which all the Church men throughout the Kingdome , all the Parliament men at their admission to the house , all persons of quality throughout England have taken . The former oath acknowledgeth the King to be the onely supreame h●…ad , ( that is civill head to see that every man do his duty in his calling , ) and Governour of the Church of England , The second oath or covenant , to set up the Presbyterian Government as it is in Scotland , denieth all this virtually , makes it a politicall papacy , acknowledgeth no governours but onely the Presbyters . The former oath gives the King the supream power over all persons in all causes , The second oath gives him a power over all persons , ( as they are subjects , ) but none at all in Ecclesiasticall causes , This they make to be sacriledge . By all whi●…h it is most apparent , that this Covenant was neither free nor deliberate , nor valide , nor lawfull , nor consistent with our former oathes , but insorced , d●…ceitfull , invalide , impious , rebellious , and contradictory to our former ingagements , and consequently obligeth no man to performance , but all men to repentance . For the greater certainty whereof I appe●…le , upon this stating of the case , to all the learned Casuists and Divines in Europe , touching the point of common right ; And that this is the true state of the case , I appeal to our adversaries themselves . No man that hath any spark of ingenuity will denie it . No English-man who hath any tolerable degree of judgement , or knowledge in the laws of his countrey , can denie it , but at the same instant his conscience must give him the lie . They who plead for this rebellion , dare not put it to a triall at law , they doe not ground their defence upon the lawes , But either upon their own groundlesse jealousies and fears , of the Kings intention to introduce Popery , to subvert the lawes , and to enslave the people . This is to run into a certain crime , for fear of an uncertain . They who intend to pick quarrels , know how to feign suspicions . Or they ground it upon the successe of their arms , or upon the Soveraigne right of the people , over all lawes and Magistrates , whose Representatives they create themselves , whilest the poor people sigh in corners , and dare not say their soul is their own , lamenting their former folly , to have contributed so much to their own undoing . Or lastly upon Religion , the cause of God , the worst plea of all the rest to make God accessary to their treasons , murthers , covetousnesse , ambition . Christ did never authorise Subjects to plant Christian Religion , much lesse their own fan●…ticall dreams , or fantasticall deviles , in the blood of their Soveraigne , and fellow subjects . Speak out , is it lawfull for Subjects to take up arms against their Prince meerly for Religion ? or is it not lawfull ? It ye say it is not lawfull , ye condemn your selves , for your Covenant testifieth to the world , that ye have taken up arms , meerly to alter Religion , and that ye bear no Allegiance to your King , but onely in order to Religion , that is in plain terms , to your own humours and conceits . If ye say it is lawfull , ye justifie the Independents in England , for supplanting your selves , ye justifie the Anabaptists in Germany , Iohn of Leyden and his c●…ue . Ye break down the banks of Order , and make way for an inundation of blood and confusion in all Countreys . Ye render your selves justly odious to all Christian Magistrates , when they see , that they owe their safety not to your good wills , but to your weaknesse , that ye want sufficient strength to cut their throats . This is fine doctrine for Europe , wherein there is scarce that King or State , which hath not Subjects of different opinions and communions in Religion . Or lastly if ye say , it is lawfull for you to plant that which ye apprehend to be true Religion by force of arms , but it is not lawfull for others to plant that which they apprehend to be true Religion by sorce , because yours is the Gospel , theirs is not . Ye beg the question , and make your selves ridiculously partiall by your overweening opinion , worse then that of the men of China , as if yee only had two eyes , and all the rest of the world were stark blind . There more hope of a fool , then of him that is wise in his own eyes . I would to God we might be so happy as to fee a Generall Councell of Christians , at least a Generall Synod of all Proteftants , and that the first Act might be to denounce an Anathema Maranatha , against all brochers and maintainers of seditious principles , to take way the scandall which lyes upon Christian Religion , and to shew that in the search of piety , we have not lost the principles of humanity . In the mean time , let all Christian Magistrates , who are principally concerned , beware how they suffer this Cockatrice egge to be hatched in their Dominions . Much more how they plead for Baal , or Baal-Berith , the Baalims of the Covenant . It were worth the inquiring , whether the marks of Antichrist do not agree as eminently to the Assembly Generall of Scotland , as either to the Pope , or to the Turk : This we see plainly , that they spring out of the ruines of the Civill Magstrate , they sit upon the Temple of God , and they advance themselves above those whom holy Scripture calleth Gods. FINIS . A REVIEW OF DOCTOR BRAMBLE , Late Bishop of LONDENDERRY , HIS FAIRE WARNING Against the Scotes Disciplin . By R. B. G. Printed at DELF , By Michiel Stael , dwelling at the Turf-Market 1649. For the right Honourable the Noble and potent Lord JOHN Earle of Cassils , Lord KENNEDY , &c. one of his MAJESTIES privie counsel , and Lord Iustice generall of Scotland . RIGHT HONORABLE . MY long experience ofyour Lordships sinceer zeale to the truth of God , and affection to the liberties of the Church and Kingdome of Scotland , against all enemies whomsoever ; hath imboldened me to offer by your Lordships hand to the view of the publick , my following answer to a very bitter enemy of that Church and Kingdome for their adhaerence to the sacred truth of God and their own just liberties . At my first sight of his Book and many dayes thereafter I had no purpose at all to medle with him : your Lordship knowes how unprovided men of my present condition must be , either with leasure , or accommodations , or a minde suitable for wryting of books . Also Doctor Bramble was so well knowne on the other side of the Sea , the justice of the Parliament of England and Scotland having unanimously condemned him to stand upon the highest pinacle of infamy , among the first of the unpardonable incendiaries , and inthe head of the most pernicious instruments of the late miseries in Britaine and Ireland : and the evident falshood of his calumnies were so clearly confuted long ago in printed answers to the infamons Authors whence he had borrowed them ; I saw lastly the mans Spirit so extreame saucy , and his pen so wespish and full of gall , that I judged him unworthy of any answer . But understanding his malions boldnes to put his Book in the hand of his Majesty , of the Prince of Orange , and al the eminent personages of this place who can reed English ; yea to send it abroad unto all the Universities of these Provinces , with very high and insinuating commendations , from the prime favourers of the Episcopall cause : hearing also the threats of that faction to put this their Excellent and unanswerable peece , both in Dutch , Frensh , and Latine ; that in the whole neighbouring World the reputation of the Scotes might thereby be wounded , killed , and buried , without hope of recovery ; I found it necessary , at the desire of diverse friends , to send this my review after it , hoping that all who shall be pleased to be at the paines of comparing the reply with the challenge , may be induced to pronounce him not only a rash , untimous , malicious , but also a very false accuser . This much justice doe I expect from every judicious and aequitable comparer of our wrytes , upon the hazard of their censure to fall upon my side . His invectives against us are chiefly for three things ; our Discipline , our Covenant , our alleadged unkindnes to our late Soveraigne . My apology for the first is that in disciplin we maintaine no considerable conclusion , but what is avowed by all the Reformed Churches , especially our Brethren of Holland and France , as by the approbatory suffrages of the Universities of Leyden , Vtrecht and others , to the theorems whereupon our adversarie doth build his chief accusations , may appeare . If our practise had aberred from the common rule , the crookednes of the one ought not to praejudge the straightnes of the other : though what our adversary alleadgeth of these aberrations is nothing , but his owne calumnious imputations : the chiefe quarrel is our rule it selfe , which all the reformed harmoniously defend with us , to bee according to Scripture ; and the Episcopall declinations , to bee beside and against the line or the word , yea Antichristian . If our Praelats had found the humour of disputing this maine cause to stir in their veines , why did they not vent it in replyes to Didoclavius and Gersome Bucerus , who for long thirty yeares have stood unanswered ? or if fresher meats had more pleased their tast , why did not their stomacks venture on Salmasius or Blondels books against Episcopacy ? If verbal debates had liked them better then wryting , why had none of them the courage to accept the conference , with that incomparably most learned of all knights now living or in any bygone age Sir Claud Somayis ; who by a person of honnour about the King , did signify his rendines to prove before his Majesty , against any one or all his praelaticall divines , that their Episcopacy had no warrant at all in the word of God , or any good reason ? But our friends are much wiser then to be at the trouble and hazard of any such exercise ; the artifices of the court are their old trade , they know better how to watch the seasons , and to distribute amongst themselves the howres of the Kings opportunities , when privatly without contradiction they may instill in his tender mind their corrupt principles , and instruct him in his cabine , how safe it is for his conscience , and how much for his honor rather to ruine himselfe , his family and all his Kingdomes with his own hands , then to desert the holy Church , that is the Bishops and their followers ; then to joine with the rebellious Covenanters , enemies to God , to his Father , to to Monarchy that the embracing of the Barbarous Irish , the pardoning of all their monstruous murders , the rewarding of their expected merits with a free liberty of Popery , and accesse to all places of the highest trust , though contrary to all the Lawes which England and Ireland has knowne this hundred yeares ; all this without and before any Parliament , must be very consistent , with conscience , honor and all good reason . Yea to bind up the soule of the most sweet and ingenuous of Princes , in their chaines of their slavery for ever , they have fallen upon a most rare trick , which hardly the inventions of all their praedecessors can pararel . They rest not satisfied , that for the upholding of their ambition and greed , they did harden our late Soveraigne to his very last in their Errours , and without compassion did dryve him on to his satal praecipice , unles they make him continue after his death to cry loud every day in the eares of his Son in his later will and testament , to follow him in that same way of ruine ; rather then to give over to serve the lu●…ts of the praelaticall clergy . They have gathered together his Majesties last papers , and out of them have made a book , whereupon their best pens have dropped the greatest eloqution , reason and devotion was among them ; by way of essayes ; as it were to frame the heart of the Son by the fingers of the dying Father to piety , wisedome , patience , and every virtue , but ever & anone to let fall so much of their own ungracious dew , as may irrigat the seeds of their praelaticall Errors and Church interest ; so farre as to charge him to perseveer in the maintainance of Episcopall governement upon all hazards , without the change of any thing except a little p. 278. and to assure that all Covenanters are of a faction engaged into a Religious rebellion , who may never be trusted till they have repented of their Covenant ; and that till then never lesse loyalty justice or humanity may be expected from any , then from them ; that if hee stand in need of them hee is undone , for they will devoure him as the Serpent does the dove . These and the like pernicious maximes framed by an Episcopall hand , of purpose to separat for ever the King from all his covenanted subjects , how farr they were from the heart , language and wrytings of our late Soveraigne , all who were aquainted with his carriage and most intime affections at New-Castle , in the Isle of Wight and thereafter , can testify , But it is reason when the Praelats doe frame an image of a King that they should have liberty to place their owne image in its forheade , as the statuary of old did his , in the Boss of Pallas targe , with such arti●…ice that all her worshipers were necessitat to worship him and that no hand was able to destroy the one without the dissolution and breaking in peeces of the other ; yet our Praelats would know , that in this age there be many excellent Engyneers , whose witty practicks transcend the most skilfull experiments of our Auncestors : and what ever may be the ignorance or weaknes of men , wee trust the breath of our Lords mouth will not faile to blow out the Bishop from the Kings armes , without any detriment at all to royalty , Allwayes the wicked and impious cunning of these craftsemen is much to be blamed who dare be bold to insert and engrave themselfes so deeply in the images of the Gods as the one cannot be intended to be picked out of the other more then the Aple from the eye , unles the subsistance of both be put in hazard . The other matter of his rayling against us is the solemne league and covenant ; when this nimble and quick enough Doctor comes assisted with all the reasons the whole University of Oxford can afford him , to demonstrat it as he professes in his last Chapter , to be wicked , false , void , and what not ; wee find his most demonstrative proofes to be so poor and silly that they infere nothing of his conclusion . To this day no man has shewed any errour in the mater of that covenant ; as for our framing and taking of it , our adversaries drave us thereunto , with a great deale of necessity ; and now being in it , neither their fraud nor force may bring us from it againe , for we feare the oath of God. After much deliberation we found that covenant the soveraigne meanes to joyne and keep together the whole orthodox party in the three Kingdomes , for the defence of their Religion and Liberties which a popish , praelaticall and malignant faction with all their might were overtarning who still to this day are going on in the same designe , without any visible change , in the most of their former principles . And why should any who loves the King hate this covenant , which is the straytestty the world can devise , to knit all to him and his posterity , if so be his Majestie might be pleased to enter therein ; but by all meanes such a mischiefe must be averted , for so the roote of Episcopacy would quickly wither without any hope of repullulation ; an evill farr greater in the thoughts of them who now mannage the conscience of the Court thē the extirpation of Monarchy the eversion of all the three Kingdomes or any other earthly misery . As for the third subject of the Warners fury against us , our unkindnes to the late King , if any truth were in this false challenge , no other creature on earth could be supposed the true cause thereof , but our unhappy praelats : all our grievances both of Church and State , first and last , came principally from them : had they never been authors of any more mischiefe , then what they occasioned to our late Soveraigne , his person , family and Dominions this last dozn of yeares , there is abundant reason of burying that their praeter and Antiscripturall order in the grave of perpetuall infamy . But the truth is , beside more auncient quarrels , since the dayes of our fathers the Albigenses , this limb of Antichrist has ever been witnessed against ; Wickleif , Huss , and their followers were zealous in this charge , till Luther and his disciples got it flung out of all the reformed world , except England ; where the violence of the ill advised princes did keep it up for the perpetuall trouble of that land , till now at last it hath well neare kicked downe to the ground there , both Church and Kingdome . As for the point in hand we deny all unkindnes to our King whereof any reasonable complaint can be framed against us . Our first contests stand justified this day by King and Parliament in both Kingdomes . When his Majestie was so ill advised as to bring downe upon our borders an English army for to punish our refusing of a world of novations in our Religion contrary to the lawes of God and of our country , what could our land doe lesse then lie downe in their armes upon Dunce law for their just and necessary defence ? when it was in their power with ease to haue dissipat the opposit army , they shew themselves most ready upon very easy conditions to goe home in peace , and gladly would have rested there , had not the furious Bishops moved his Majestie without all provocation , to breake that first peace and make for a second invasion of Scotland , only to second their unreasonable rage : was it not then necessary for the Scots to arme againe ? when they had defeate the Episcopall Army and taken New-castle though they found nothing considerable to stand in their way to London , yet they were content to lie still in Northumberland , and upon very meane tearnes to returne the second time in peace . For all this the praelats could not give it over , but raised a new Army and filled England with fire and sword , yea well neere subdued the Parliament and their followers and did almost accomplish their first designes upon the whole Isle . The Scots then with most earnest and pitifull entreaties were called upon by their Brethren of England for helpe , where unwilling that their brethren should perish in their sight and a bridge should be made over their carcasses for a third warre upon Scotland , when after long tryall they had found all their intercessions with the King for a moderat and reasonable accommodation slighted and rejected they suffered themselves to be perswaded to enter in covenant with their oppressed and fainting brethren , for the mantainance of the common cause of Religion and liberty , but with expresse Articles for the preservation of royalty in all its just rights in his Majestie and his posterity ; what unkindnes was heer in the Scots to their King ? When by Gods blessing on the Scotes helpe the opposit faction was fully subdued , his Majestie left Oxford with a purpose for London , but by the severity of the ordinances against his receivers , he diverted towards Linn , to ship for Holland or France ; where by the way fearing a discovery and surprise , he was necessitate to cast himselfe upon the Scotes army at New-wark ; upon his promise to give satisfaction to the propositions of both Kingdomes , he was received there and to New-castle : here his old oathes to adhaere unto Episcopacy hindred him to give the expected satisfaction . At that time the prime leaders of the English army were seeking with all earnestnes occasion to fall upon the Scots , much out of heart and reputation by Iames Grahame and his Irishes incursions , most unhappy for the Kings affaires : Scotland at that time was so full of divisions that if the King had gone thither they were in an evident hazard of a present war both within among themselfes , and without from England : our friends in the English Parliament whom we did , and had reason to trust , assured us that our taking the King with us to Scotland , was the keeping of the Sectarian Army on foot , for the wracke of the King , of Scorland , of the Presbyterian party in England ; as the sending of his Majestie to one of his houses neer London , , upon the faith of the Parliament of England , was the only way to get the Sectaryes disarmed , the King and the people settled in a peace , upon such tearmes as should be satisfactory both to the King and the Scots and all the wel-affected in England . This being the true case was it any , either unjustice , unkindnes or imprudence in the Scots to leave the King with his Parliament of England ? was this a selling of him to his enemies ? the monyes the Scots received at their departure out of England had no relation at all to the King , they were scarce the sixth parte of the arreares due to them for bygon service ; they were but the one halfe of the sume capitulat for , not only without any reference to the King , but by an act of the English Parliament excluding expresly from that Treaty of the armies departure all consideration of the disposall of the Kings person . The unexpected evills that followed in the Armies rebellion , in their seasing on London , destroying the Parliament , murthering the King , no mortall eye could have forseen . The Scots were ever ready to the utmost of their power to have prevented all these mischiefes with the hazard of what was dearest to them ; notwithstanding of all the hard measure they had often received both from the King and the most of their friends in England . That they did not in time and unanimously stur to purpose for these ends they are to answer it to God , who were the true Authors ; the innocency of the Church is cleered in the following treatise . Among the many causes of these miseries the prime fountaine was the venome of Episcopall principles which some serpents constantly did infuse by their speaches and letters in the eares and heart of the King to keep him of from giving that satisfaction to his good subjects which they found most necessary and due ; the very same cause which ties up this day the hands of covenanters from redressing ali present misorders could they have the King to joyne with them in their covenant , to quit his unhappy Bishops , to lay aside his formall and dead Liturgie , to cast himselfe upon the counsels of his Parliaments it were easy to prophecie what quickly would become of all his enemies : but so long as Episcopall and malignant agents compasseth him about ( though all that comes neer may see him as lovely hopfull , and promising a prince for all naturall endowments as this day breaths in Europe or for a long time has swayed a Scepter in Britaine ) yet while such unlucky birds nest in his Cabin and men so ungraciously principled doe daily besiege him , what can his good people doe but sit downe with mournfull eyes and bleeding hear●…s , till the Lord amend these otherwise remediles and insuperable evills ? but I hold heer least I transgresse to farr the bounds of an Epistle ? I account it an advantage to have your Lordship my judge in what heere and in my following treatise , I spake of Religion , the liberties of our country and the Royall Family : I know non fitter then your Lordship , both to discerne and decerne in all these matters . Me thinks I may say it without flattery ( which I never much loved either in my selfe or others ) that among all our Nobles for constancy in a zealous profession , for exemplary practise in publick and privat duties ; the mercy of God has given to your Lordship a reputation second to none . And for a rigid adhaerence to the Rights and Priviledges of your Country , according to that auncient disposition of your most Noble Family , noted in our Historians , especially that Prince of them Georg Buchanan , the Tutor of your Grand-Father , I know none in our Land who wil pretend to goe before you , and for the affairs of the King , your interest of blood in the Royall Family is so well known , that it would be a strange impudency in me , if in your audience I durst be bold wittingly to give sinistrous information . Praying to God that what in the candid ingenuity & true zeale of my spirit , I present under your Lordships patrociny unto the eye of the World , for the vindication of my mother Church and Country , from the Sicophantick accusations of a Stigmatised incendiary may produce the intended effects , Hague this 28 May 7 Iunie . 1649. I rest your Lordships in all Christian duety , R. B. G. CHAP. I. The proelaticall faction continue resolute , that the King and all his people shall perish , rather then the praelats , be not restored to their former places of power , for to set up Popery , Profanity , and Tirranny , in all the three Kingdomes . WHile the Comissioners of the Church and Kingdome of Scotland , were on their way to make their first addresses to his Majestie , for to condole his most lamentable afflictions , and to make offer of their best affections and services for his comfort , in this time of his great distresse ; it was the wisedome and charity of the praelaticall party , to send out Doctor Bramble , to meet them with his Faire Warning . For what else ? but to discourage them in the very entry from tendering their propositions , and before ever they were heard , to stop his Majesties eares with grievous praejudice , against all that possibly they could speake ; though the world sees that the only apparent fountaine of hope upon earth , for recovery of the wofully confounded affaires of the King , is in the hands of that Antipraelaticall nation : but it is the hope of these who love the welfaire of the King and his people , of the Churches and Kingdomes of Britain , that the hand of God , which hath broken all the former devices of the Praelats , shall crush this their engine also . Our warner undertaketh to oppugne the Scotes discipline in a way of his owne , none of the most rational . He does not so much as pretend to state a question , nor in his whole book to bring against any maine position of his opposites , either Scripture , father or reason , nor so much as assay to answer any one of their arguments against Episcopacy ; onely hee culs out some of their by-tenets , belonging little or nothing to the maine questions , and from them takes occasion to gather together in a heape all the calumnies which of old , or of late their knowne enemies out of the forge of their malice and fraud , did obtrude on the credulity of simple people : also some detorted passages from the bookes of their friends , to bring the way of that Church in detestation without any just reason . These practises in our warner , are the less pardonable , that though he knowes the chiefe of his allegations , to bee but borrowed from his late much beloved Comerads Master Corbet in his Lysimachus Nicanor , and Master Maxewell in his Issachars Burden , yet he was neither deterred by the strange punishments , which God from heaven inflicted visibly on both these calumniatores of their mother Church , nor was pleased in his repeating of their calumnious arguments , to releeve any of them from the exceptions under the which they stand publickly confuted , I suppose to his own distinct knowledge , I know certainly , to the open view ofthousands in Scotland , England and Ireland ; but it makes for the warners designe to dissemble here in Holland , that ever he heard of such books as Lysimachus Nicanor , and Issachars Burden , much lesse of Master Baylies answer to both , printed some yeares agoe at London , Edinburgh and Amsterdam , without a rejoinder from any of that faction to this day . How everlet our warner be heard . In the very first page of his first chapter , wee may tast the sweetnes of his meek Spirit : at the verie entrie , he concludeth but without any pretence to an argument there or else where , the discipline of the Church of Scotland to be their owne invention , whereon they dote , the Diana , which themselves have canonized , their own dreams , the counterfeyt image which they faine hath fallen down from Iupiter , which they so much adore , the very quintessence of refined popery , not only most injurious to the civill Magistrat , most oppressive to the subject , most pernicious to both ; but also inconsistent with all formes of civill governement , destructive to all sorts of Policy , a rack to the conscience , the heaviest pressure that can fall on a people . So much truth and sobernes doth the warner breath out in his very first page . Though he had no regard at all to the cleare passages of Holy Scripture , whereupon the Scotes doe build their Anti-Episcopall tenets ; nor any reverence to the harmony of the reformed Churches , which unanimously joyne with the Scotes in the maine of their discipline , especially in that which the Doctor hates most therein , the rejection of Episcopacy : yet me thinks some little respect might have appeared in the man to the authority of the Magistrat , and civil Lawes , which are much more ingeminated by this worthy divine over all his book , then the holy Scriptures . Can hee so soon forget that the whole discipline of the Church of Scotland , as it is there taught and practised , is established by acts of Parliament , and hath all the strength which the King and State can give to a civil Law ? the warner may wel be grieved , but hardly can he be ignorant , that the Kings Majestie this day does not at all question the justice of these sanctions : what ever therefore be the Doctors thoughts , yet so long as hee pretends to keep upon his face the maske of loyalty , he must be content to eat his former words , yea , to burne his whole book : otherwise hee layes , against his own professions , a slander upon the King , and His Royal Father , of great ignorance , or huge unjustice , the one having established , the other offring to establish by their civill lawes , a Church discipline for the whole nation of Scotland , which truly is the quintessence of Popery , pernicious and destructive to all formes of civill governement , and the heaviest pressure that can fall on a people . All the cause of this choler which the warner is pleased to speake out , is the attempt of the Scotes , to obtrude their discipline upon the King , contrary to the dictats of his own conscience , and to compell forraigne Churches to embrace the same . Ans. Is it not presumption in our warner , so soone to tell the world in print what are the dictats of the Kings conscience , as yet he is not his Majesties confessor , and if the Clerk of the Closet had whispered some what in his ear●… , what he heard in secret , hee ought not to have proclaimed it without a warrant ; but we doe altogether mistrust his reports of the Kings conscience : for who will beleeve him , that a knowing and a just King will ever be content , to command and impose on a whole Nation by his Lawes , a discipline contrary to the dictats of his owne conscience . This great stumble up on the Kings conscience in the first page , must be an ominous cespitation on the threshold . The other imputation had no just ground : the Scotes did never medle , to impose any thing upon forraigne Churches , there is question of none , but the English ; and the Scotes were never so presumptuous , as to impose any thing of theirs upon that Church . It was the assembly of divines at Westminster , convocat by the King and Parliament of England , which after long deliberation , and much debate , upanimously concluded the Presbiterian discipline in all the parts thereof , to be agreable to the word of God : it was the two Houses of the Parliament of England without a contrary voice , who did ordaine the abolition of Episcopacy , and the setting up of Presbyteryes and Synods in England and Ireland . Can heere the Scotes be said to compell the English to dance after their pype , when their own assembly of divines begins the song , when the Lords and Commons assembled in the Parliament of England concurre without a discording opinion , when the King himselfe for perfecting the harmony offers , to adde his voice for three whole yeares together ? In the remainder of the chapter the warner layes upon the Scotes three other crimes : first , That they count it Erastianisme to put the governement of the Church in the hand of the Magistrat . Answ. The Doctors knowledge is greater then to bee ignorant , that all these goe under the name of Erastians , who walking in Erastus ways of flattering the Magistrat , to the prejudice of the just rights of the Church , run yet out much beyond Erastus personall tenets ; I doubt if that man went so far as the Doctor heere and else where , to make all Ecclesiasticall jurisdiction , but a part of the Magistrats civill power , which for its execution , the supreame Governours of any state may derive out of the fountaine of their supremacy to what ever hands civill or Ecclesiastick themselfes think fit to commit it . Let the Doctor adde to this much knowledge , but a little ingenuity , and he shall confes that his Brethren the Later Bishops , who claime Episcopacy by divine right , are all as much against this Erastian Caesaro-papisme , as any Presbiterian in Scotland . The elder Bishops indeed of England and all the Lawes there for Episcopacy seeme to be point blank according to the Erastian errours : for they make the crowne and royall supremacy the originall , root and fountaine whence all the discipline of the Church doth flow : as before the days of Henry the eight it did out of the Popes head-ship of the Church under Christ. How ever let the Doctor ingenuously speake out his sence , and I am deceived , if he shall not acknowledge , that how grosse an Erastian so ever himselfe and the elder Bishops of England might have been , yet that long agoe , the most of his praelatical friends have become as much opposit to Erastianisme , as the most rigid of the Presbiterians . The other crime he layes to the charge of the Scotes is , that they admit no latitude in Religion , but will have every opinion afundamentall article of faith , and are averse from the reconciliation of the Protestant Churches : Ans. If the warner had found it seasonable to vent a little more of his true sence in this point , he had charged this great crime far more home upon the heade of the Scotes : for indeed though they were ever far from denying the true degrees of importance which doe cleerly appeare among the multitude of Christian truthes , yet the great quarrell heer of the warner and his freinds against them , is that they spoiled the Canterburian designe of reconcealing the Protestant Churches not among themselfes , but with the Church of Rome . When these good men were with all earnestnes proclaming the greatest controversies of Papists and Protestants , to be upon no fundamentalls but only disputable opinions , wherein beleefe on either side was safe enough , and when they found that the Papists did stand punctually to the Tenets of the Church of Rome , and were obstinately unwilling to come over to England , their great labour was that the English and the rest of the Protestants , casting aside their needlesse beleefe of problematick truths , in piety , charity and zeale , to make up the breach and take away the shisme , should be at all the paines to make the journey to Rome . While this designe is far advanced and furiously driven on in all the three Kingdomes , and by none more in Yreland then the Bishop of Derry , behold the rude and plaine blewcapes step in to the play and marre all the game : by no arte , by no terrour can these be gotten alongs to such a reconciliation . This was the first and greatest crime of the Scotes , which the Doctor here glances at , but is so wyse and modest a man as not to bring it above board . The last charge of the Chapter is , that the Scotes keep not still that respect to the Bishops of England , which they were wont of old in the beginning of Queen Elizabeths reigne . Ans. In that letter cited by the warner from the generall assembly of Scotland . 1566. Sess. 3. there is no word of approbation to the office of Episcopacy : they speake to the Bishops of England in no other quality or relation , but as Ministers of the word , the highest stile they give them is , reverend Pastors and Brethren ; the tenour of the whole Epistle is a grave and brotherly admonition to beware of that fatall concomitant of the most moderat Episcopacy , the troubling of the best and most zealous servants of Christ for idle & fruitles Ceremonies . How great a reverence the Church of Scotland at that time carried to praelacy , may be seen in their supplication to the secret counsell of Scotland , in that same assembly the very day and Session wherein they write the letter in hand to the Bishops of England . The Arch-Bishop of S. Andrews being then usurping jurisdiction over the ministry by some warrant from the state , the Assembly was grieved , not only with the popery of that Bishop ; but with his auncient jurisdiction , which in all Bishops , Popish and protestant , is one and the same : That jurisdiction was the only matter of their present complaint ; and in relation thereto they assure the counsel in distinct tearmes , that they would never be more subject unto that usurped tiranny the they would be to the devill himselfe : So reverend an opinion had the Church of Scotland at that time of Episcopall jurisdiction . But suppone that some fourscore yeares agoe , the Scotes before they had tasted the fruits of Protestant Bishops , had judged them tolerable in England , yet since that time by the long tract of mischiefes , which constantly has accompanied the order of praelacy , they have been put upon a more accurat inspection of its nature , and have found it not only a needles , but a noxious and poysonous weed , necessare to be plucked up by the root , and cast over the hedge . Beside al its former malefices , it hath been deprehēded of late in the very act of everting the foundations , both of Religion and governement , of bringing in Popery and Tiranny , in the Churches and States of all the three Kingdomes , ( Canterburian self conviction cap. 1. ) And for these crimes , it was condemned , killed , and buried in Scotland , by the unanimous consent of King , Church and Kingdom : when England thereafter both in their Assembly and Parliament , without a discording voice had found it necessary , to root out that unhappy plant , as long agoe with great wisedome , it had been cast out of all the rest of the reformed Churches , had not the Scotes all the reason in the World , to applaud such pious just and necessary resolutions of their English Brethren , though the warner should call it the greatest crime ? CHAP. II. The Presbiterians assert positively , the Magistrats right to convocat Synods , to confirme their acts , to reforme the Churches within their dominions . IN the second Chapter the warner charges the Scotes presbytery , with the overthrowing the Magistrats right in convocating of Synods . When he comes to prove this , he forgets his challenge : and digresses from it to the Magistrates power of choysing elders and making Ecclesiastick lawes , avowing that these things are done in Scotland by Ecclesiastick persons alone , without consent of the king or his counsel . Ans. It seemes our Warner is very ignorant of the way ofthe of the Scotes discipline , the ordinary and set meetings of all assemblies both nationall and provincionall since the first reformation are determined by acts of Parliament , with the Kings consent , so betwixt the King and the Church of Scotland , there is no question for the convocating of ordinary assemblies , for extraordinary , no man in Scotland did ever controvert the Kings power to call them when and where he pleased : as for the inhaerent power of the Church to meet for discipline , alswell as for worship , the Warner fals on it heereafter , we must therefore passe it in this place . What hee meanes to speake of the Kings power in choysing elders or making Ecclesiastick Lawes , himselfe knowes : his Majestie in Scotland did never require any such priviledge , as the election of elders , or Commissioners to Parliament , or members of any incorporation , civill or Ecclesiastick , where the Lawes did not expresly provide the nomination to be in the crowne . The making of Ecclesiastick Lawes in England , alswell as in Scotland , was ever with the Kings good contentment , referred to Ecclesiastick assemblies : but the Warner seemes to be in the mind of these his companions , who put the power of preaching , of administring the Sacraments and discipline in the supreame Magistrat alone , and derives it out of him as the head of the Church to what members he thinks expedient to communicat it : also that the legislative power alswell in Ecclesiastick as civill affairs , is the property of the King alone . That the Parliaments and generall assemblies are but his arbitrary counsels , the one for matters of the state , the other for matters of the Church , with whom or without whom hee makes acts of Parliament and Church cannons , according to his good pleasure , that all the offices of the Kingdome , both of Church and State are from him , as he gives a Commission to whom he will to be a sheriffe or justice of peace , so he sends out whom he pleaseth to preach & celebrate Sacraments by virtue of his regal mission . The Warner and his Erastian friends may well extend the royall supremacy to this largenes , but no King of Scotland was ever willing to accept of such a power though by erroneous flaterers , sometimes obtruded upon him , ( see Canterburian self conviction . cap. ult . ) The Warner will not leave this matter in generall , he discends to instance a number of particular incroatchments of the Scots Presbiters upon the royall authority : wee must dispence in all his discourse with a small peckadillo in reasoning , hee must bee permitted to lay all the faults of the Presbiterians in Scotland upon the back of the Presbitery it selfe , as if the faylings of officers were naturall to , and inseparable from their office : mis-kenning this little more of unconsequentiall argumenting , we will goe through his particular charges , the first is , that King James anno 1579 , required the generall assembly , to make no alteration in the Church-Policy , till the next Parliament , but they contemning their Kings command , determined positively all their discipline without delay , and questioned the Arch-Bischop of Sainct Andrews for voting in Parliament according to the undoubted Lawes of the Land , yea twenty Presbiters did hold the generall assembly at Aberdeen after it was discharged by the King. Ans. The Warner possibly may know , yet certainly he doth not care what he writes in these things to which hee is a meere stranger : the authentick registers of the Church of Scotland convinces him heire of falshood . His Majestie did write from Stirling to the generall assembly at Edinburgh 1579 , that they should ceasse from concluding any thing in the discipline of the Church , during the time of his minority ; upon this desire the assembly did abstaine from all conclusions , only they named a committee to goe to Striveling for conference which his Majestie upon that subject . What followeth thereupon ? I. Immediatly a Parliament is called in October 1579 , and in the first act declares and grantes jurisdiction unto the Kirk , whilk consistes in the true preaching of the word of Jesus Christ , correction of maners , and administration of the true Sacraments , and declares that there is no other face of Kirk , nor other face of Religion then is presently by the favour of God established within this realme , and that there be no other jurisdiction Ecclesiastical acknowledged within this realme then that whilk is , and shal be within the samen Kirk , or that which flowes therfra , concerning the premisses . II. In Aprile 1580. Proclamation was made ex deliberatione Dominorum Consilii in name of the King , charging all Superintendentes and Commissioners and Ministers serving at Kirkes . To note the names of all the subjectes alsweel men as women suspected to be Papistes or — and to admonish them — to give Confession of their faith according to the Forme approved by the Parliament , and to submitte unto the discipline of the true Kirk within a reasonable space — : and if they faile — that the Superintendents or Commissioners presente a role or catalogue of their names unto the King and Lords of Secret Counsell whereby they shal be for the time , between and the 15 day of Iulie nixt to come , to the end that the actes of Parliament made against such persones may be execute . III. The shorte Confession wes drawen up at the Kings command , which was first subscrived by his royall hand , and an act of Secret Counsell commanding all subjectes to subscrive the same ; as is to be seen by the Act printed with the Confession , wherein Hierarchie is abjured , that is ( as hath been since declared by Nationall assemblies and Parliamentes both called and held by the King ) episcopacie is abjured . IV. In the assemblies 1580 and 1581 that Confession of faith and the second book of discipline ( after debating many praeceding years ) were approved ( except one chapter de diaconatu ) by the Assemblie , the Kings Commissioner being alwayes presente , not finde we any thing opposed then by him : yea then at his Majesties speciall direction about fifty classical Presbyteries were set up over all Scotland which remaine unto this day , Was there heer any contempt of the royall authority ? About that time some noble men had gote the revenues of the Bisshop-rickes for their private use ; and because they could not enjoy them by any legal right , therefore for eluding the Law , they did effectuate that some Ministers should have the title of this or that Bishopricke ; and the revenues were gathered in the name of this titulare or tulchan Bishop , albeit hee had but little part : e. g. Robert Montgomerie Minister at Sterline was called Arch-Bishop of Glasgow : and so it can bee instanced in other Bishop-rickes and abbacies . Now this kind of praelats pretended no right to any part of the Episcopall office , either in ordination or jurisdiction : when some of these men began to creep in to vote for the Church in Parliament , without any Law of the State , without any commission from the Church , the generall assembly discharged them , being Ministers , to practise any more such illegall insolencies , with this ordinance of the Church , after a little debate , King James at that time did shew his good satisfaction . But the Warner heere jumps over nolesse then twenty seven years time from the assembly at Edinburgh 1579 , to that at Aberdeen 1605 , then was King James by the English Bishops perswasion resolved to put down the generall assemblies of Scotland , contrary to the Lawes and constant practise of that Church , from the first reformation to that day . The act of Parliament did bear that once at least a yeare the assembly should meet , and after their busines was ended they should name time & place for the next assembly . When they had met in the yeare 1602 , they were moved to adjourne without doing any thing for two whole yeares to 1604 , when then they were conveened at the time and place agreed to by his Majestie , they were content upon his Majesties desire without doing any thing againe to adjourne to the nixt yeare 1605 , at Aberdeen , when that dyet came his Majesties Commissioner offered them a Letter : To the end they might be an Assembly and so in a Capacity to receave his Majesties Letter , with the Commissioners good pleasure they sate downe , they named their Moderator and Clark they received and read the Kings letter commanding them to rise , which they obeyed without any farther action at all but naming a dyet for the nixt meeting according to the Lawes and constant practise of Scotland , hereupon by the pernicious counsel of Arch-Bishop Banckroft at London , the King was stirred up to bring sore trouble upon a number of gracious Ministers . This is the whole matter which to the Warner heir is so tragick an insolence , that never any Parliament durst attempt the like . See more of this in the Historicall vindication . The nixt instance of our Presbiteryes usurpation upon the Magistrat is their abolition , ( before any statute of Parliament thereupon ) of the Church festivals in their first book of discipline . Ans. Consider the grievousnesse of this crime , in the intervall of Parliaments , the great counsel of Scotland in the minority of the Prince entrusted by Parliament to rule the Kingdome , did charge the Church to give them in wryte their judgement about matters Ecclesiasticall : in obedience to this charge the Church did present the counsel with a wryte named since the first book of disciplin : which the Lords of counsel did approve , subscribe and ratify by an Act of State : a part of the first head in that wryte was that Christmas , Epiphany , purification , and other fond feasts of the virgin Mary , as not warranted by the holy Scriptures , should bee laid aside . Was it any encroachment upon the Magistrate for the Church to give this advice to the privy counsell when earnestly they did crave it ? the people of Scotland ever since have shewed their ready obedience to that direction of the Church founded upon Scripture , and backed from the beginning with an injunction of the state . His third instance of the Church of Scotlands usurpation upon the Magistrat is , their abolition of Episcopacy in the assembly 1580 , when the Law made it treason to impugne the authority of Bishops , being the third estate of the Kingdome . Ans. The Warner seemes to have no more knowledge of the affairs of Scotland , then of Japan or Utopia , the Law hee speakes of was not in being some yeares after 1580 , how ever all the generall assemblyes of Scotland are authorised by act of Parliament , to determine finally without an appeale in all Ecclesiastick affaires : in the named assembly Lundie the Kings Commissioner did sit and consent in his Majesties name to that act of abolition , as in the nixt assembly 1581 , the Kings Comissioner Caprinton did erect in his Majesties name the Presbiteryes in all the Land ; it is true , three yeares thereafter a wicked Courtier Captaine James Stuart , in a shadow of a closse and not summoned Parliament , did procure an act to abolish Presbiteries and erect Bishops , but for this and all the rest of his crimes that evill man was quickly rewarded by God before the world , in a terrible destruction : these acts of his Parliament the very nixt yeare were disclaimed by the King , the Bishops were put downe , and the Presbitry was set up again , and never more removed to this day . The Warners digression to the perpetuity of Bishops in Scotland , to the acts of the Church and State for their restitution , is but to shew his ignorance in the Scotes story : what ever be the Episcopall boastings of other Nations , yet it is evident that from the first entrance of Christian Religion into Scotland , Presbiters alone without Bishops for some hundred yeares did governe that Church : and after the reformation their was no Bishop in that Land , but in tittle and benefice till the yeare 1610 ; when Bancroft did consecrat three Scotes Ministers , all of them men of evill report , whom that violent Commissioner the Earle of Dunbar in the corrupt and null assembly of Glasgow , got authorised in some pairt of a Bishops office ; which part only and no more was ratified in a posterior Parliament . Superintendents are no where the same with Bishops much lesse in Scotland where for a time only till the Churches were planted , they were used as ambulatory Commissioners , and visitors to preach the word , and administer the Sacraments for the supply of vacant and unsetled congregations . The fourth instance is the Churches obtruding the second book of discipline , without the ratification of the State. Ans. For the Ecclesiastick enjoining of a generall assemblyes decrees a particular ratification of Parliament is unnecessary ; generall acts of Parliament commanding obedience to the acts of the Church , are a sufficient warrant from the State , beside , that second book of disciplin was much debated with the King , and at last in the generall assembly 1590 , his consent was obtained unto it : for in that assembly where unanimously the subscription of the second book of disciplin by all the ministers of the Kingdome was decried , his Majestie some time in person and alwayes by the chancelor his Commissioner was present , and in the act for subscription Sess. 10. Augusti 8. it is expresly said that not only all the Ministers but also all the Commissioners praesent did consent , among which Commissioners the chancelor , his Majesties Commissioner was chief . But neither the King nor the Church could get it to passe the Parliament in regaird of the opposition , which some States-men did make unto these parts thereof , which touched on their owne interest of unjust advantage , this was the only stick . The next instance of the Churches encroachement is their usurpation of all the old rents of the clergy , as the Churches patrimony , and their decerning in anassembly that nothing in the nixt Parliament should passe before the Church were fully restored to her rents . Ans. Consider heere the Warners hypocrisie and unjustice , he challenges the Presbiterians for that which no praelate in the world did ever esteem a fault , a meer declaration of their judgement that the Church had a just right to such rents , as by law and long possession were theirs , and not taken away from them by any lawfull meanes . What if heere they had gone on with the most of the praelaticall party to advance that right to a jus divinum ? what if they had put themselves by a command from Court , into the possession of that right , without a processe , as diverse of the Warners friends were begun lately to doe in all the three Kingdomes ? but all that he can here challenge the Scotes for , is a meere declaration of their simple right , with a supplication to the Regent his grace , that hee would indeavour in the nixt Parliament , to procure a ninth part of the Churches patrimony , for the mantainance of the ministry , and the poore of the country : for all the rent that the Churches then could obtaine or did petition , was but a third of the thirds of the benefices or tithes . That ever any assembly in Scotland did make any other addresse to the Parliament for stipends then by way of humble supplication , it is a great untruth . The last instance is , the erecting of Presbyteries through al the Kingdome , by an act of the Church alone . Ans. I have showne already the untruth of this alleadgeance ; the proofe heere brought for it , is grounded only upon an ambiguous word which the Warners ignorance in the Scotish disciplin and Presbitery ( though the maine subject of his booke ) permits him not to understand . The Presbyteries were set up by the King after the assembly 1580 , but the second booke of discipline of which alone the citation speaks , how ever enjoind by many assemblies , yet it could never be gotten ratified in any Parliament , only because of these parts of it which did speake for the patrimony of the Church , and oppugne the right of patronages . How well the Warner hath proven the Presbiterian practises to be injurious to the Magistrate we have considered , possibly he will bee more happy in his nixt undertaking , in his demonstrations that their doctrinall principles doe trample on the Magistrats supremacy and Lawes ; their first principle hee takes out of the second book of disciplin . Cap. 7. That no Magistrat nor any but Ecclesiastick persons may vote in Synods . Ans. Though I find nothing of this in the place cited , yet there is nothing in it that crosseth either the Laws or the Kings supremacy : for according to the acts of Parliament of Scotland both old and late and the constant practise of that Church , the only members of Presbyteries are Ministers and ruling elders . Is it the Warners minde to vent here his super-Erastianisme , that all Ecclesiastick assemblies Classicall , Provinciall , nationall are but the arbitrary Courts of the Magistrat for to advise him in the execution of his inhaerent power about matters Ecclesiasticall ; and for this cause , that it is in his arbitrement to give a decisive voyce in all Church assemblies , to whom and how many so ever hee will ? Though this may bee the Warners minde , as it hath been some of his friends , yet the most of the praelaticall party will not mantaine him heerein . How ever , such principles are contrary to the Lawes of Scotland , to the professions also and practises of all the Princes and Magistrats that ever have lived there . But the Warner heere may possibily glaunce at another principle of his good friends , who have been willing lately to vent before al Britaine in print their Elevating the supremacy of Soveraignes so far above Lawes , that what ever people have obtained to bee established by never so many assemblies and Parliaments and confirmed with never so many great seales of ratification , and peaceably injoyed by never so long a possession , yet it is nothing but commendable wisedome and justice for the same Prince who made the first concessions or any of his successors when ever they find themselfes strong enough , to cancell all and make void what ever Parliaments , Assemblies , royall ratifications , and the longest possession made foolish people beleeve to be most firme and unquestionable . To this purpose Bishop Maxwel ( from whom much of this warning is borrowed ) doth speak in his Sacro-Sancta regum Majestas . Though this had been the Cabine divinity of our praelats , yet what can be their intentions in speaking of it out in these times of confusion , themselves must declare : for the cleare consequente of such doctrine seemes to be a necessity either of such Warners perpetuall banishment from the Courts and eares of Soveraignes , or else that subjects be kept up for ever in a strong jealousy , and feare that they can never be secure of their liberties , though never so well ratified by Lawes and promises of Princes any longer then the sword and power remaines in their owne hand to preserve what they have obtained . Such Warners so long as they are possessed with such maximes of state , are cleare everters of the first fundations of trust betwixt Soveraignes and subjects , they take away all possibility of any solid peace of any confident setlement in any troubled state , before both parties be totally ruined or one become so strong that they need no more to feare the others malcontentment in any time to come . Our second challenged principle is that wee teach the whole power of convocating assemblies to be in the Church . Ans. The Warners citations prove not that we maintaine any such assertion , our doctrin and constant practise hath been to ascribe to the King a power of calling Synods , when and wheresoever he thought fit , but that which the Warner seemes to point at is , our tenet of an intrinsicall power in the Church to meet , as for the word and Sacraments so for disciplin ; in this all who are Christians , old and late , the praelaticall and Popish party as well as others , goe along with us to mantaine in doctrine and practise , a necessity even in times of persecution , that the Church must meet for the worship of God and execution of Ecclesiastick disciplin among their owne members . In this the doctrine and practise of the Scots is according to their setled lawes , uncontroverted by his Majestie . If the Warner will mantaine , that in reason and conscience al the Churches of the world are oblidged to dissolve and never more to meet when an erroneous Magistrat by his Tyrannous edict commands them to doe so , let him call up Erastus from the dead to be disciplined in this new doctrine of the praelats impious loyalty . The third principle is that the judgment of true and false doctrine of suspension and deprivation of Ministers belongeth to the Church . Ans. If this be a great heresie it is to be charged as much upon the state as upon the Church , for the acts of Parliament give all this power to the Church , neither did the lawes of England or of any Christian state , popish or protestant , refuse to the Church the determination of such Ecclesiastick causes ; some indeed doe debate upon the power of appeales from the Church , but in Scotland by the law , as no appeale in things civill goes higher then the Parliament so in matters Ecclesiastick none goes above the generall assembly . Complaints indeed may goe to the King and Parliament for redresse of any wrong has been done in Ecclesiastick Courts , who being custodes religionis may by their coercive power command Ecclesiastick Courts to rectifie any wrong done by them contraire to Scripture , or if they persist take order with them . But that two or three praelats should become a Court of delegats , to receave appeales from a generall assembly , neither Law nor practise in Scotland did ever admit , nor can the word of God or any Equity require it . In the Scotes assemblies no causes are agitat but such as the Parliament hath agreed to bee Ecclesiastick and of the Churches cognisance : no Processe about any Church rent was ever cognosced upon in Scotland but in a civill Court : it s very false that ever any Church censure , much lesse the highest of excommunication did fall upon any for robbing the Church of its patrimony . Our fourth challenged principle is that wee maintain Ecclesiastick jurisdiction by a divine right . Ans. Is this a huge crime ? is there divine in the world , either Papist or Potestant , except a few praelaticall Erastians , but they doe so ? If the Warner will professe ( as it seemes hee must ) the contradiction of that which he ascribes to us , his avowed tenet must bee that all Ecclesiastick power flowes from the Magistrat , that the Magistrat himself may execute all Church censures , that all the Officers appointed by Christ for the governement of his Church , may bee laid aside , and such a kind of governors bee put in their place , as the Magistrate shal be pleased to appoint : that the spirituall sword and Keies of heaven belong to the Magistrate by vertue of his supremacy , al 's wel as the temporall sword and the Keies of his earthly Kingdome : our difference heere from the Warner will not ( I hope ) be found the greatest heresie . Our last challenged principle is , that wee will have all our power against the Magistrat , that is , although hee dissent . Ans. It is an evill comentare that al must be against the Magistrate , which is done against his consent : but in Scotland their is no such case : for all the jurisdiction which the church there does enjoy , they have it with the consent of the Magistrat : all is ratified to them by such acts of Parliament as his Majestie doth not at all controvert . Concerning that odious case the Warner intimats , whither in time of persecutiō , when the Magistrat classheth with the Church , any Ecclesiastick disciplin be then to be exercised ; himselfe can better answer it then we , who with the auncient Christians doe think , that on all hazards ( even of life ) the church may not be dissolved , but must meet in dens and caves and in the wildernes for the word and Sacraments and keeping it selfe pure by the divine ordinance of discipline . Having cleered all the pernicious practises and all the wicked Doctrines , which the Warner layes upon us , I think it needles to insist upon these defenses which he in his aboundant charity brings for us , but in his owne way , that he may with the greater advantage impugne them : only I touch one passage whereupon he make injurious exclamations : that which Mr. Gilespie in his theoremes wryts ; when the Magistrate abuses his power unto Tyranny and makes havock of all , it is lawfull to resist him by some extraordinary wayes and meanes , which are not ordinarily to bee allowed : see the principles from which all our miseryes and the losse of our gracious Master have flowed . Ans. Wee must heere yeeld to the Warner the great equity and necessity that every doctrine of a Presbyter , should be charged on the Presbytery it selfe , and that any Presbyter teaching the lawfulnesse of a Parliaments defensive armes is tantamont to the Churches taking of armes against the king . These small unconsequences wee must permit the Warner to swallow downe without any stick , however wee doe deny that the maxime in hand was the fountaine of any our miseryes , or the cause at all of the losse of our late Soveraigne . Did ever his Majestie or any of his advised counsellers declare it simply unlawfull for a Parliament , to take armes for defence in some extraordinary cases , however the unhappines of the Canterburian Prelats did put his Majestie on these courses , which did begin and promote all our misery , and to the very last these men were so wicked as to refuse the lousing of these bands which their hands had tyed about his misinformed conscience , yea to this day they will not give their consent ; that his Majestie , who now is , should say aside Episcopacy , were it for the gayning the peaceable possession of all his three Kingdomes , but are urgers of him night and day to adhaere to their errours , upon the hazard of all the miseries that may come on his person , on his family and all his people : yet few of them to this day durst be so bold as to print with this Warner , the unlawfulnes of a Parliaments armes against the Tyranny of a Prince in any imaginable case , how extraordinary soever . CHAP. III. The Lawes and customes of Scotland admitte of no appeal from the generall assembly . IN this chapter the challenge is , that there are no appeales from the generall Assembly to the King , as in England from the Bishops Courts to the King in Chauncery , where a Commission uses to be given to delegats , who discusse the appeales . Ans. The warner considers not the difference of the Government of the Church of Scotland from that which was in England . what the Parliament is in the State , that the generall assembly is in the Church of Scotland : both are the highest courts in their owne kind . There is no appeale any where in moderat Monarchies to the Kings person , but to the King in certaine legall courts ; as the Warner here confesseth the appeale from Bishops lyes not , to the King in his person , but to the King in his court of Chauncery . As no man in Scotland is permitted to appeale in a civil cause from the Lords of Session ; much lesse from the Parliament ; so no man in an Ecclesiastick cause is permitted by the verie civil Law of Scotland to appeale from the general assembly . According to the Scots order & practise , the King in person or else by his high Commissioner sits al 's usually in the generall assembly , as in Parliament . But though it were not so , yet an appeale from a generall assembly to be discussed in a Court of delegats , were unbeseeming and unreasonable , the one Court consisting of above two hundred , all chosen men the best and most able of the Kingdome ; the other but of two or three , often of very small either abilities or integrity , who yet may be more fitt to decerne in an Ecclesiastick cause then a single Bishop over his officiall , the ordinary trusted in all acts of jurisdiction for the whole dioces . But the Scots way of managing Ecclesiastick causes is a great deale more just , safe and Satisfactory to any rationall man then that old popish order of the English , where all the spirituall jurisdiction of the whole dioces was in the hand of one mercenary officiall without all reliefe from his sentence , except by an appeale , as of old to the pope and his delegats , so therafter to the King , though never to be cognosced-upon by himselfe , but as it was of old by two or three delegats , the weakest of all courts , often for the quality and ever for the number of the judges . Two instances are brought by the Warner to prove the Church of Scotlands stopping of appeals from the generall Assembly to the King , the cases of Montgomery and Adamson : if the causes and events of the named cases had been wel knowne to the Warner , as he made this chapter disproportionally short , so readily he might have deleted it al together . Both these men were infamous not only in their Ministeriall charges but in their life & conversation ; both became so insolent that contrary to the established order of the Church & Kingdome , being suborned by wicked statesmen , who in that day of darknes had wel neer brought ruine both to King and country , would needs take upon them the office of Arch-Bishops . While the assembly was in proces with them for their manifold and high misdeameanors , the King was moved by them and their evill patrons , to shew his high displeasure against the assemblyes of the Church . they for his Majesties satisfaction sent their Commissioners and had many conferences ; whereby the pride and contempt of these prelats did so encrease , that at last they drew the sentence of excommunication upon their own heads : the King after some time did acknowledge the equity of the Church proceedings , and professed his contentment their with : both these unhappy men were brought to a humble confession of their crimes , and such signes of repentance , that both after a renunciation of their titulare Bishopriks were readmitted to the function of the ministry , which they had deserted . Never any other before or after in Scotland did appeale from the generall assembly to the King : the late excommunicat praelats in their declinatour against the assembly of Glasgow , did not appeale as ( I remember ) to the King , but to another generall assembly to bee constitute , according to their own Popish and Tyrannical principles . CHAP. IV. Faulty Ministers in Scotland are lesse exempted from punishment , then any other men . THE Warner in his fourth Chapter offers to prove , that the Scottish discipline doth exempt Ministers from punishment for any treason or sedition they can act in their pulpits . Ans. This challenge is like the rest , very false . The rules of the Church discipline in Scotland obliges Churchmen to bee subject to punishment , not only for every fault for which any other man is lyable to censure , but ordaines them to bee punished for sundrie things , which in other men are not at all questionable : and what ever is censurable in any , they appoint it to be much more so in a Minister . It is very untrue , that the pulpits in Scotland are Sanctuaries for any crime , much lesse for the grievous crimes of sedition and treason . Let the Warner remember , how short a time it is , since an Episcopall chayre or a canonicall coate did priviledge in England and Ireland from all censure either of Church or State , great numbers , who were notoriously knowne to be guilty of the foulest crimes . Was ever the Warners companion Bishop Aderton challenged for his Sodomy , so long as their commune patrone of Canterbury did rule the court ? did the warner never heare of a prelate very sibb to Doctour Bramble , who to this day was never called to any account for flagrant scandals of such crimes as in Scotland are punishable by the gallows ? the Warner doth not well to insist upon the Scots Clergie exempting themselfe from civill punishments : no where in the world are Churchmen more free of crimes deserving civil cognisance then in Scotland : and if the ears and eyes of the world may be trusted , the popish clergy this day in Italy and Spaine are not so challengeable , as the praelaticall divines in England and Ireland lately were for many grosse misdemeanors . But why does the Warners anger run out so farre as to the preachers in Holland ? is it because he knoweth the Church disciplin in Holland to be really the same with that he oppugnes in the Scots , and that all the reformed Churches doejoyne cordially with Scotland in their rejection of Episcopacy ? is this a ground for him to slander our Brethren of Holland ? Is it charity for him a stranger to publish to the world in print that the ministers in Holland are seditious oratours , and that they saucily controll the Magistrats in their pulpits ? Their crime seemes to be , that for the love of Christ their master , they are zealous in their doctrin , to presse upon the Magistrat as well as upon the people the true practise of piety , the sanctification of the sabbath day , the suppression of heresy and shisme , and repentance for the sins of the time & place wherein they live . This is a crime whereof few of the Warners friends were wont to be guilty of : their shamefull silence and flattery was one of the great causes of all the sins and calamities that have wracked the three Kingdomes : the streame of their sermons while the enjoyed the pulpit , was to encourage to superstition and contempt of piety , to sing asleepe by their ungracious way all , that gave eare unto them . The man is impatien , t to see the Pastors of Holland or any where , to walk in another path then his own , and for this cause would stirre up their Magistrats against them : as it was his and his Brethrens custome to stirre up the Magistrats of Britan and Ireland to imprison , banish , and heavily vex the most zealous servants of God , only for their opposition to the praelats profanity and errours . The Warner ( I hope ) has not yet forgotten , how Doctor Bramble and his neighbour Lesly of Down did cast out of the Ministry , and made flee out of the Kingdome , men most eminent for zeale , piety and learning , who in a short time had done more good in the house of God , then all the Bishops that ever were in Ireland , I meane Master Blaire , Master Levingston , Master Hamilton , and Master Cuningham , and others . The Warner needed not to have marked as a singularity of Geneva , that there all the Ecclesiasticks , quâ tales , are punishable by the Magistrats for civil crimes ; for wee know none of the reformed Churches , who were ever following Rome in exeeming the Clergy from saecular jurisdiction , except it were the Canterburian Praelats : who indeed did skarre the most of Magistrats from medeling with a canonical coat though desiled with drunckenesse , adultery , scolding , fighting , and other evils , which were too common oflate to that order . But how does hee prove , that the Scots Ministers exempt themselves from civill jurisdiction ? first ( saith he ) by the declaration of King James 1584. Ans. That declaration was not from King James , as himselfe did testify the yeare thereafter under his hand , but from Master Patrike Adamson , who did acknowledge it to bee his owne upon his death bed , and professed his repentance for the lyes and slaunders , wherewith against his conscience hee had fraughted that infamous libell . His second proofe is from the second booke of discipline Chapter II , It is absurd that Commissaties haveing no function in the Church , should be judges to Ministers to depose them from their charges . Ans. Though in England the Commissary and officiall was the ordinary judge to depose and excommunicat all the Ministers of the diocese , yet by the Lawes of Scotland no Commissaries had ever any jurisdiction over Ministers . But though the officialls jurisdiction together with their Lords the Bishops were abolished , yet doth it follow from this , that no other jurisdiction remaineth whereby Ministers might be punished either by Church and State , according to their demerits ? is not this strongly reasoned by the Warner ? His third proofe is the case of James Gibson , who had railed in pulpit against the King , and was only suspended , yea thereafter was absolved from that fault . Ans. Upon the complaint of the Chancelor the alleadged words were condemned by the generall assembly : but before the mans guiltines of these words could bee tryed , hee did absent himselfe : for which absence he was presently suspended from his Ministry : in the nixt assembly he did appeare and cleared the reason of his absence to have been just feare and no contumacy , this hee made appeare to the assemblyes satisfaction , but before his processe could be brought to any issue , he fled away to England , where he died a fugitive never restored to his chardge , though no tryell of his fault was perfected . The fourth proofe is Mr. Blacke his case : heereupon the Warner makes a long and odious narration . If wee interrogat him about his ground of all these Stories , he can produce no warrant but Spots-woods unprinted book : this is no authentick register whereupon any understanding man can rely , the writer was a profest enemy , to his death , of the Scottish disciplin , he spent his life upon a Story for the disgrace of the Presbytery and the honour of Bishops : no man who is acquainted with the life or death of that Author will build his beleefe upon his words . This whole narration is abundantly confuted in the historicall vindication , when the Warner is pleased to repeat the challenge from Issachars burden hee ought to have replyed something after three yeares advisement to the printed answer . The matter ( as our registers beare ) was shortly thus , in the yeare 1596 the Popish and malignant faction in King James his court grew so strong that the countenance of the King towards the Church was much changed , and over all the Land great feares did daily increase of the overthrow of the Church discipline established by Law. The Ministers in their pulpits gave free warning thereof , among others Mr. Black of Saint Andrews , a most gracious and faithful Pastor , did apply his doctrine to the sins of the time ; some of his Enemies delated him at Court for words injurious to the King and Queen : the words hee did deny and all his honest hearers did absolve him by their testimony from these calumnies : of himselfe hee was most willing to be tryed to the uttermost before all the world , but his Brethren finding the libelled calumnies to bee only a pretence and the true intention of the Courtiers therein was , to stop the mouthes of Ministers , that the crying sins of the time should no more bee reproved in pulpits , they advised him to decline the judgement of the counsel , and appeale to the generall assembly , as the competent judge according to the word of God and the Lawes of Scotland , in the cause of doctrin ; for the first instance they did never question , but if any thing truely seditious had been preached by a Minister that he for this might be called before the civill Magistrat and accordingly punished but that every Minister for the application of his doctrine according to the rules of scripture to the sins of his hearers for their reclaming , should be brought before a civill court at the first instance , they thought it unreasonable and desired the King in the nixt assembly might cognosce upon the equity of such a proceding . The Ministers had many a conference with his Majestie upon that subject , often the matter was brought very neare to an amicable conclusion , but because the Ministers refused to subscribe a band for so great a silence as the Court required against his Majesties countenancing of treacherous Papists , and favouring the enemies of religion , a seveer Sentence was pronounced not only against Master Black , but also all the Ministers of Edinburgh . In the meane time malcontented States-men did adde oyle to the flame , and at the very instant while the Ministers and their friends are offering a petition to his Majestie , they subborne a villane to cry in one part of the streets the Ministers are slain , and in another part of the streets that the King was killed : whereupon the People rush all out to the streets in their armes , and for halfe an howr at most were in a tumult , upon meere ignorance what the fray might be , bur without the hurt of any one man : so soone as it was found that both the King and Ministers were safe , the people went all peaceably to their houses . This is the very truth of that innocent commotion , whereupon the Warner heere and his fellowes elsewhere make all their tragedies . None of the Ministry were either the authors or approvers thereof , though diverse of them suffered sore troubles for it . CHAP. V. No Presbyterian ever intended to excommunicat any supreame Magistrat . THE Warner in his fifth chapter chardges the Scotes for subjecting the King to the censure of excommunication and bringing upon princes all the miseries which the popes excommunications of old wont to bring upon Anathematised Emperours . Ans. It does not become the Warner and his fellowes to object to any the abuse of the dreadfull sentence of excommunication , no Church in the world was ever more guilty of that fault then the praelats of England and Ireland , did they ever censure their own officialls for the pronouncing of that terrible sentence most profanly against any they would , had it been for the non-payment of the smallest summes of mony . As for the Scotes , their doctrine and practise in the point of excommunication is as considerat as any other church in the world , that censure in Scotland is most rare and only in the case of obstinacy in a great sin : what ever be their doctrine in generall with all other Christians and as I think with the praelaticall party themselves , that the object of Christian doctrine Sacraments and disciplin is one and the same , and that no member of Christ , no sone of the Church , may plead a highnes above admonitions and Church censures , yet I know they never thought it expedient so much as to intend any processe of Church animadversion against their Soveraigne . To the worlds end I hope they shal not have againe greater grievances and truer causes of citation from their Princes then they have had already . It may be confidently beleeved that they who upon so pregnant occasions did never so much as intend the beginning of a processe against their King , can never be supposed in danger of any such proceeding for time to come . How ever , we love not the abused ground of the Warners flattering of Princes to their owne great hurt : is it so indeed that all the sins of princes are only against God , that all Kings are not only above all lawes of Church and State but when they fall into the greatest crimes that the worst of men have ever committed , that even then their sins must not be against any man or against any law ? such Episcopall doctrin spurrs on princes to these unhappy praecipies , and oppressed people unto these outrages that both fall into inextricable calamities . CHAP. VI. It grieves the Praelats that Presbyterians are faithfull Watchmen , to admonish Princes of their duty . THE sixth Chapter is spent on an other crime of the Presbytery ; it makes the Presbiters cry to the Magistrat for justice upon capitall offenders . Ans. What hes Presbytery to doe with this matter were it never so great an offence : will the Warner have all the faults of the praelaticall faction , flow from the fountaine of Episcopacy ? this unconsequentiall reasoning will not be permitted to men below the degrees of Doctors . But was it a very great crime indeed for Ministers to plead the cause of the fatherlesse and widowes , yea the cause of God their Master and to preach unto Magistrats , that according to Scriptures murtherers ought to die , and the Land bee purged from the staine of innocent blood ? when the shamefull impunity of murther made Scotland by deadly feuds , in time of peace a feild of warre and blood , was it not time for the faithfull servants of God to exhort the King to execute justice , and to declare the danger of most frequent pardons drawne from his hand often against his heart by the importunity and deceitfull information of powerfull solicitors , to the great offence of God against the whole land , to the unexpressible griefe and wrong of the suffering party , to the opening also of a new floodgate of more blood which by a legall revenge in time easily might have been stopped ? Too much pitty in sparing the wilfull shedders of innocent blood ordinarlie proves a great cruelty , not only towards the disconsolat oppressed who cry to the vicegerents of God the avenger , for justice in vaine , but also towards the soule of him who is spared and the life of many more who are friends either to the oppressor or oppressed . As for the named case of Huntly let the world judge , whether the Ministers had reason often to give Warning against that wicked man and his complices . Beside his apostacy and after-seeming-repentance his frequent relapses into avowed popery , in the eighty eight he banded with the King of Spaine to overthrow the religion and government of the whole Iland and after pardon , from time to time did renew his treasonable plots for the ruine of Britain : hee did commit many murders , he did invade under the nose of the King , the house of his Cousin the Earle of Murray , and most cruelly murdered that gallant Nobleman , hee appeared with displayed Banner against the King in person , he killed thereafter many hundreds of the Kings good people , when these multiplyed outrages did cry up to the God of heaven , was is not time for the men of God to cry to the judges of the earth to doe their duty , according to the warrant of many Scriptures ? what a dangerous humour of flattery is this in our Praelats , not only to lull asleep a Prince in a most sinfull neglect of his charge , but also to cry out upon others more faithfull then themselves for assaying to breake of their slumber by their wholesome and seasonable admonitions from the word of God ? The nixt challenge of the Scotes Presbyters is that they spoile the King of his Tythes , first fruits , patronage and dependence of his subjects . Ans. The Warner understands not what he writes , the Kings Majestie in Scotland never had , never craved any first fruits : the Church never spoiled the King of any Tythes , some other men indeed , by the wickednesse most of Praelats and their followers , did cousin both the King and the Church of many Tythes : but his Majestie and the Church had never any controversie in Scotland about the Tythes : for the King , so far as concerned himselfe , was ever willing that the Church should enjoy that which the very act of Parliament acknowledgeth to bee her patrimony . Nor for the patronages had the Churh any plea with the King : the Church declared often their minde of the iniquity of patronages , wherein they never had from the King any considerable opposition , but from the Nobility and gentry the opposition was so great , that for peace-sake the Church was content to let patronages alone , till God should make a Parliament lay to heart what was incumbent for gracious men to doe , for liberating congregations from their slavery of having Ministers intruded upon them by the violence of Patrones . Which now at last ( blessed be God ) according to our mind is performed . As for the dependence of any vassals upon the King , it was never questioned by any Presbyterian in Scotland . What is added in the rest of the Chapter , is but a repetition of that which went before , to wit , the Presbyters denying to the King the spirituall government of the Church , and the power of the keyes of the Kingdome of heaven : such an usurpation upon the Church , King James declared under his hand ( as at length may be seen in the Historicall vindication ) to be a sinne against the Father , Son , and Holy Ghost , which puts in the hand of the Magistrat the power of preaching and celebrating the Sacraments : a power which since that time no Magistrat in Britaine did assume , and if any would have claimed it , none would have more opposed , then the most zealous patrones of Episcopacy . The injurious invectives , which the Warner builds upon this his Erastian assertion , wee passe them as Castles in their aire , which must fall and evanish for want of a foundation . Only before I leave this Chapter , let the Warner take a good Sentence out of the mouth of that wyse Prince King James , to testifie yet farther his minde against Erastianisme . His Majestie in the yeare 1617 having come in progresse to visit his auncient Kingdome of Scotland , and being present in persone at a publick disputation in Theologie in the Universitie of St. Andrews , whereof also many both Nobles and Church-men of both Kingdomes were auditors ; when one of those that acted a part in the disputation , had affirmed and went about to maintaine this assertion that the King had power to depose Ministers from their Ministeriall function . The King himself as abhorring such flatterie , cried out with a loud voice , Ego possum deponere Ministri caput , sed non possum deponere ejus officium . CHAP. VII . The Presbyterie does not draw from the Magistrat any paritie of his power by the cheate of any relation . IN the seventh chapter the Warner would cause men believe many more of the Presbyteries usurpations upon the civill Magistrate . The first is that all offences whatsoever are cognoscible in the consistory upon the case of scandals . Ans. First the Presbyterie makes no offence at all to come before the consistory , but scandall alone . Secondly these civill offences ( the scandall whereof comes before the Presbytery ) are but very few , and a great deale fewer than the Bishops officiall takes notice of in his consistoriall court . That capitall crimes past over by the Magistrate should bee censured by the Church , no society of Christians who have any discipline , did ever call in question . When the sword of the Magistrat hes spared a murderer , an adulterer , a Blasphemer ; will any ingenuous , either praelaticall or popish divine , admitte of such to the holy table without signes of repentance ? The Warners second usurpation is but a branch of the first , that the Presbyterie drawes directly before it selfe the cognisance of fraud in barganing , false measures , oppression and in the case of Ministers , brybing , usury , fighting , perjury , &c. Ans. Is it then the Warners minde , that the notorious slander of such grosse sins does not deserve so much , as an Ecclesiastick rebooke ? Shall such persons without admonition be admitted to the holy communion ? Secondly the named cases of fraud in barganing , false measures , oppression , come so rarely before our Church-judicatories that though these thirty yeares I have been much conversant in Presbyteries , yet did I never see , nor doe I remember that ever I heard any of these three cases brought before any church assembly . In the persone of Ministers , I grant , these faults which the canons of the Church in all times and places make the causes of deprivation are cognosced upon in Presbyteries , but with the good liking ( I am sure ) of all both papifts and praelats , who themselves are free of such vices . And why did not the Warner put in among the causes of church mens deprivation from office and benefite , adultery , gluttonny and drunkennes ? are these in his , &c. which he will not have cognoscible by the Church in the persons of Bishops and Doctors ? The Warners third challenge amounts to an high crime , that Presbyterian Ministers are bold to preach upon these scriptures which speake of the Magistrats duty in his office , or dare offer to resolve from scripture any doubt , which perplexeth the conscience of Magistrats or people , of Husband or Wife , of Master or Servant , in the discharge of their Christian duty one to another . What ever hath been the negligence of the Bishop of Derry , yet I am sure , all the preaching Praelats and Doctors of England pretended a great care to goe about these uncontroverted parts of their ministerial function , and yet without medling with the Mysteries of State , or the depths of any mans particulare vocation ; much lesse with the judgement of jurisdiction in politicall or aeconomicall causes . As for the Churches declaration against the Late engagement ; did it not well become them to signify their judgement in so great a case of conscience , especially when the Parliament did propone it to them for resolution , and when they found a conjunction driven on with a cleerly malignant partie , contrary to solemne oathes and covenants , unto the evident hazard of Religione and them who had been most eminent instruments of its preservation ; was it not the churches duty to give warning against that sinne , and to exhort the ring leaders therein to repentance ? But our Warner must needs insist upon that unhappy engagement , and fasten great blame upon the Church for giving any advice about it . Ans. Must it be Jesuisitisme , and a drawing of all the civill affaires to the Churches barre in ordine ad Spiritualia , for an assembly to give their advice in a most eminent and important case of conscence , when earnestly called upon in a multitude of supplications from the most of the Congregations under their charge ; yea when required by the States of the Kingdome in severall expresse messages for that end ? It seemes , it s our Warners conclusion , if the Magistrat would draw all the Churches in his jurisdiction to a most unlawfull warre , for the advancement of the greatest impiety and unjustice possible , wherein nothing could be expected by all who were engaged therein but the curse of God ; if in this case a doubting Natione should desire the assemblies counsel for the state of their soules , or if the Magistrate would put the Church to declare what were lawfull or unlawfull according to the word of God , that it were necessary heer for the servants of God to be altogether silent , because indeed warre is so civill a busines , that nothing in it concernes the soule , and nothing about it may be cleered by any light from the word of God. The truth is , the Church in their publick papers to the Parliament , declared oftner then once , that they were not against , but for an engagement , if so that Christian and friendly treaties could not have obtained reason , and all the good people in Scotland were willing enough to have hazarded their lives and estates , for vindicating the wrongs done , not by the Kingdome of England , but by the sectarian party there , against God the King , covenant and both Kingdomes : but to the great griefe of their hearts , their hands were bound and they forced to sit still , and by the over great cunning of some , the erroneous mis-perswasions of others and the rash praecipitancy of it , that engagement was so spoiled in the stating and mannaging , that the most religious with peace of conscience could not goe along nor encourage any other to take part therein . The Warner touches on three of their reasons : but who will looke upon their publick declarations , shall find many more , which with all faithfullnesse were then propounded by the Church , for the rectifying of that action , which , as it stood in the state and management , was cleerly foretold to be exceeding like to destroy the King and his friends of all sorts in all the three Kingdomes . The irreparable losses and unutterable calamities which quickly did follow at the heeles , the misbeleefe and contempt of the Lords servants and the great danger religion is now brought unto in al these Kingdomes , hes , I suppose , long agoe brought griefe enough to the heart of them whose unadvised rashnes and intemperate fervour did contribute most for the spoiling of that designe . The first desire about that engagement which the Warner gives to us , concernes the security of religion . In all the debate of that matter , it was aggreed ( without question upon all hands , that the Sectarian party deserved punishment for their wicked attemptes upon the Kings persone , contrary to the directions of the Parliamentes of both Kingdomes , and that the King ought to be rescued out of their hands , and brought to one of his houses for perfecting the treaty of peace which often had been begunne : but here was the question ; Whither the Parliament and Army of Scotland ought to declare their resolutiones to bring his Majestie to London with honour , freedome and safty , before he did promise any security for establishing Religion ; The Parliaments of both Kingdomes in all their former treaties had ever pressed upon the King a number of propositions to be signed by his Majestie before at all he came to London : was it then any fault in the Church of Scotland to desire the granting but of one of these propositions concerning Religion and the covenant , before the King were brought ( by the new hazard of the lives and estats of all the Scottish nation ) to sit in his Parliament in that honnor and freedome which himselfe did desire ? There was no complaint , when many of thirty propositions were pressed to be signed by his Majestie for satisfaction and security to his people , after so great and long desolations : how then is an out-cry made , when all other propositions are postponed , and only one for Religion is stuck upon , and that not before his Majesties rescue and deliverance from the hands of the sectaries , but only before his bringing to London in honor freedom and safety ? This demande , to the Warner , is a crime , and may be so to all of his beleefe , who takes it for a high unjustice , to restraine in any King the absolute power by any condition : for they doe mantaine that the administration of all things both of Church and state does reside so freely and absolutly in the meere will of a Soveraigne , that no case at any time can fall out , which ought to bound that absolutnesse with any limitation . The second particular the Warner pitches upon , is the Kings negative voyce ; behold how criminous we were in the point ; When some ( most needlesly ) would needs bring into debate the Kings negative voyce in the Parliament of England , as one of the royall praerogatives to bee maintained by our engagement : it was said , that all discourse of that kynde might bee laid aside as impertinent for us : if any debate should chance to fall upon it , the proper place of it was , in a free Parliament of England ; that our Lawes did not admit of a negative voyce to the King in a Parliament of Scotland ; and to presse it now as a prerogative of all Kings , ( besides the reflection it might have upon the rights of our Kingdome , ) it might put in the hand of the King a power to deny all and every one of these things , which the Parliaments of both Kingdomes had found necessary for the setling the peace in all the three dominions . Wee marvail not , that the Warner heere should taxe us of a great errour , seeing it is the beleefe of his faction , that every King hath not onely a negative but an absolute affirmative voyce in all their Parliaments , as if they were nothing but their arbitrary counsels for to perswade by their reasons but not to conclude nor impede any thing by their votes ; the whole and intire power of making or refusing Lawes being in the Prince alone , and no part of it in the Parliament . The Warners third challenge against us about the ingagement is , as if the Church had taken upon it to nominate the officers of the army ; and upon this he makes his invectives . Ans. The Church was farre from seeking power to nominate any one officer : but the matter was thus ; when the State did require of them , what in their judgement would give satisfaction to the people , and what would encourage them to goe along in the ingagement ? one and the last parte of their answer was , that they conceived if a Warre shal be found necessarie , much of the peoples encouragement would depend upon the qualification of the commanders , to whom the mannaging of that great trust should be committed : for after the right stating of the Warre , the nixt would be the carying on of it by such men who had given constante proofe of their integrity . To put all the power of the Kingdome in their hande , whose by past miscariadges had given just occasion to suspect their designes and firmenesse to the interest of God before their owne or any other mans , would fill the hearts of the people with jealousies and feares , and how wholsome an advice this was , experience hath now too cleerly demonstrate . To make the world know our further resolutiones to medle with civile affaires , the Warner is pleased to bring out against us above 80 yeares old stories , and all the stuffe which our malicious enemy Spotsewood can furnish to him : from this good author he alledges that our Church discharged merchants to traffique with Spaine , and commanded the change of the mercat dayes in Edenburgh . Ans. Both these calumnies are taken of at length in the Historicall Vindication . After the Spanish invasion of the yeare eighty eight , many in Scotland kept correspondence with Spaine for treacherous designes : the Inquisitors did seduce some , and persecute others of our merchants in their traffique , the Church did deale with his Majestie to interceed with the Spanish King for more liberty to our country men in their trading : and in the meane time while an answer was returned from Madrile , they advertised the people to be warry , how they hazarded their soules for any worldly gaine which they could find about the inquisitors feet . As for the mercat dayes , I grante , it was a great griefe to the Church , to see the sabbath day profaned by handy labour and journeying , by occasion of the munday-mercats in the most of the great tounes : for remedie heerof , many supplications have been made by the Assembly to the Parliament : but so long as our Bishops satte there , these petitiones of the Church were alwayes eluded : for the praelats labour in the whole Iland was to have the sunday no Sabbath , and to procure by their Doctrine and example the profanation of that day by all sorts of playes , to the end people might be brought back to their old licentiousnes and ignorance , by which the Episcopall Kingdome was advanced . It was visible in Scotland , that the most eminent Bishops were usual players on the Sabbath , even in time of divine service . And so soone as they were cast out of the Parliament , the Churches supplications were granted , and acts obtained for the carefull sanctification of the Lords day , and removing of the mercats in all the land from the Munday to other dayes of the week . The Warners nixt challenge of our usurpation is , the assembly at Edinburgh 1567 their ratifying of acts of Parliament , and summoning of all the country to appeare at the nixt assembly . Ans. If the Warner had knowne the history of that time , he would have choysed rather to have omitted this challenge , then to have proclaimed to the world the great rottennesse of his own heart ; at that time the condition of the Church and Kingdome of Scotland was lamentable , the Queen was declared for popery , King James's Father was cruelly without any cause murthered by the Earle of Bothwell ; King James himselfe in his infancy was very neare to have been destroyed by the murtherer of his Father , there was no other way conceivable of saftie for Religion for the infant King , for the Kingdome , but that the Protestantes should joine together for the defence of King James against these popish murtherers . For this end the generall assembly did crave conference of the secrete counsel : and they with mutual advise did call for a meeting of the whole Protestant party : which did conveen at the time appointed most frequently in an extraordinary and mixed assembly of all the considerable persons of the Religion , Earles , Lords , Barrons , Gentlemen , Burgesses and Ministers , and subscribed a bond for the revenge of King Henryes death , and the defence of King Iames his life : This mixed and extraordinary assembly made it one of the chiefe articles in their bond to defend these Actes of the Parliament 1560 concerning religion , and to endeavour the ratification of them in the nixt ensuing Parliament . As for the assemblies letter to their Brethren for so frequent a meeting at the nixt extraordinary assembly , it had the authority of the secret counsel ; it was in a time of the greatest necessity , when the Religion and liberties of the land were in evident hazard from the potent and wicked counsels of the popish party , both at home and abroad ; when the life of the young King was daily in visible danger from the hands of them who had murthered his Father , and ravished his Mother . Lesse could not have been done in such a juncture of time by men of wisedom and courage , who had any love to their Religion , King and country : but the resolution of our praelats is to the contrary , when a most wicked villaine had obtained the connivance of a Queen to kill her husband , and to make way for the killing of her Son in his Cradle , and after these murders to draw a nation & Church from the true Religion , established by Law , into popery ; and a free Kingdome to an illegall Tyranny ; in this case there may be no meeting , either of Church or State , to provide remedies against such extraordinary mischiefes . Beleeve it , the Scotes were never of this opinion . What is subjoined in the nixt paragraph of our Churches praesumption to abolish acts of Parliament ; is but a repetition of what is spoken before . Not only the lawes of Scotland but equity and necessity referres the ordinary reformation of errours and abuses in Religion to the Ecclesiasticall assemblies : what they find wrong in the Church , though ratified by acts of Parliament , they rectify it from the word of God , and thereafter by petition obtaines their rectification to be ratifyed in a following Parliament , and all former acts to the contrary to be annulled . This is the ordinary Methode of proceeding in Scotland and ( as I take it ) in all other States and Kingdomes . Were Christians of old hindred to leave paganisme and embrace the Gospell , till the emperiall lawes for paganisme and against Christianity were revoked ? did the oecumenicall and National Synods of the auncients stay their reformation of heresies and corruptions in religion , till the lawes of State ( which did countenance these errors ) were cancelled ? Was not popery in Germany France and Britaine so firmely established , as civil lawes could doe it ? It seems , the Warner heer does joyne with his Brother Issachar , to proclaime all our Reformers in Britaine France and Germany , to be Rebells for daring by their preachings and Assemblies to change these things , which by acts of Parliaments had been approven , before new Parliaments had allowed of their reformation . Neverthelesse this plea is foolishly intended against us , for the Ministers protestation against the acts of Parliament 1584 , establishing ( in that houre of darknes ) iniquity by a law , and against the acts of the Assembly of Glasgow declaring the unlawfulnesse of Bishops and ceremonies ; which some Parliaments upon Episcopall mis-information had approven : both these actions of the Church were according to former Lawes and were ratified afterward by acts of Parliament yet standing in force which for the Warner ( a privatman , and a stranger ) to challenge , is to contemne much more grossly the law , then they doe , whom here he is accusing of that crime . By the nixt Story the Warner will gaine nothing , when the true case of it is knowne . In King Iames minority , one Captaine Iames Stuart did so farre prevail upon the tender and unexperienced yeares of the Prince , as to steale his countenance unto acts of the greatest oppression ; so farre that Iames Hamelton Earle of Arran ( the nixt to the King in blood , in his health a most gallant Prince , and a most zealous professor of the true Religion ) in time of his sicknes , when he was not capable to commit any crime against the State , was notwithstanding spoiled of all his lively hood and liberty : his Lands and honour with the dignity of high Chancelor of Scotland were conferred on that very wicked Tyrant Captain Iames , a number of the best affected and prime nobility impatient of such unheard-of oppressiones , with meere boasts and no violence at the road of Ruthven chased away that unhappy chancelor from the Kings persone , this his Majestie for the time professed to take in so good part that under his hand he did allow it for good service , in his letters to the most of the Neighbour princes : he dealt also with the secrete counsel and the chiefe judicatories of the land , and obtained from them the approbation of that act of the Lords as convenient and laudable , promising likewise to ratify it in the nixt ensuing Parliament . When the Lords for their more abundante cleering required the Assemblies declaration there upon , the Ministers declined to medle at all with the case ; but the Kings Majestie sent his Commissioners to the Assembly , entreating them withall earnestnesse to declare their good liking of that action , which he assured them was for his good , and the good both of the Church and Kingdome : for their obedience to the Kings importunity they are heer railed upon by the wise Warner . It is true , Captaine Iames shortly after creept in againe into Court , and obtained a sever revenge against the authors of that action , before a Parliament could sit to approve it , but within a few monthes the same Lords with some more did at Striveling chase againe that evill man from the Court : whither he never more returned , and this their action was ratified in the nixt Parliament , and so stands to this day unquestioned by any but such as the Warner , either out of ignorance or malice . I am weary to follow the Warner in all his wandrings ; at the nixt loupe he jumps from the 1584 to the 1648 , skipping over in a moment 64 yeares . The articles of Striveling mentions that the promoving of the worke of Reformation in England and Ireland , bee referred to the generall assembly , upon this our friend does discharge a flood of his choler : all the matter of his impatience heere is , that Scotland when by fraud they had been long allured , and at last by open violence invaded by the English Praelats , that they might take on the yock of all their corruptions , they were contented at the earnest desire of both the houses of Parliament , and all the wel-affected in England , to assist their Brethren , to purge out the leaven of Episcopacy , and the Service book with all the rest of the old corruptions of the English and Irish Churches ; with the mannaging of this so great and good an Ecclesiastick worke , the Parliament of Scotland did intrust the generall assembly . No mervaile that Doctor Bramble a zealous lover of all the Arminianisme , Popery and Tyranny , of which his great patron Doctor Lade stands convicted yet without an answer to have been bringing in upon the three nations , should bee angry at the discoverers and dis-appointers of that most pious work as they wont to style it ? What heere the Warner repeats , it is answered before , as for the two Storyes in his conclusion , which he takes out of his false Author Spots-wood , adding his owne large amplifications ; I conceive , there needs no more to be said to the first , but that some of Iohn Knocks zealous hearers understanding of a Masse-Priest at their very side committing idolatry contrary to the Lawes , did with violence break in upon him and sease upon his person and Masse-cloathes , that they might present him to the ordinary Magistrat to receave justice according to the Law ; This act the Warner wil have to be a huge rebellion , not only in the actors , but also in Iohn Knocks , who was not so much as present thereat . What first he speaks of the Assemblies convocating the people in armes to be present at the tryall of the popish Lords and their avowing of that their deed to the King in his face we must be pardoned to mistrust the Warner heerin upon his bare word without the releefe of some witnes , and that a more faithfull one then his Brother in evill , Mr. Spotswood , whom yet heere he does not professe to cite . Against these popish Lords after their many treasons and bloody murders of the lieges , the King himselfe at last was forced to arme the people ; but that the generall assembly did call any unto armes we require the Warners proofe that we may give it an answer . CHAP. VIII . The chiefe of the Praelats agree with the Presbyterians about the divine right of Church discipline . THE Warners challenge in this chapter is that we mantaine our discipline by a Iure divino , and for this he spewes out upon us a sea of such rhetorick , as much better beseemed . Ans. Mercurius Aulicus then either a Warner or a praelate . In this challenge he is as unhappy as in the rest , it is for a matter wherein the most of his owne Brethren ( though our Adversaries ) yet fully agree with us that the discipline of the Church is truely by divine right , and that Jesus Christ holds out in scripture the substantials of that Governement whereby he will have his house to be ruled to the worlds end ; leaving the circumstantials to be determined by the judicatories of the Church according to the generall rules , which are clear also in the word for matters of that nature . In this neither Papists nor the learndest of the Praelats find any fault with us ; yet our Warner must spend a whole Chapter upon it . It is true as we observed before the elder Praelats of England in Edwards & Elizabeths dayes , as the Erastians now , did mantaine that no particular Governement of the Church was jure divino , and if this be the Warners mind , it were ingenuity in him to speake it out loud , and to endeavour to perswade his friends about the King of the truth of this tenet , he was never imployed about a better and more seasonable service : for if the discipline of the Church be but humano jure then Episcopacy is keeped up upon no conscience , conscience being bottomed only upon a divine right , so Episcopacy wanting that bottom may well be laid aside at this time by the King for any thing that concernes conscience since no command of God nor warrant from scripture tyes him to keep it up . This truely seemes to be the maine ground whereupon the whole discourse of this Chapter is builded . Is it tolerable that such truthes should be concealed by our Warners against their conscience , when the speaking of them out might be so advantagious to the King and all his Kingdomes , how ever wee with all the reformed Churches doe beleeve in our heart the divine right of Synods and Presbyteries , and for no possible inconvenient can be forced to deny or passe from this part of truth , yet the Warner heere joynes with the elder Praelats who till Warner Banckrofts advancement to the sea of Canterburry did unanimously deny Episcopacy to be of divine right , and by consequent affirmed it to be moveable , and so lawfull to be laid aside by princes , when so ever they found it expedient for their affaires to be quyte of it , why does not the warner and his Brethren speake plainly their thoughts in his Majesties eares ? why do they longer dissemble their conscience , only for the satisfaction of their ambition , greed , and revenge ? sundry of the Praelaticall divines come yet further to joyne fully with Erastus in denying not only Episcopacy and all other particular formes of Church government to be of divine institution , but in avowing that no governement in the Church at all is to be imagined , but such as is a part of the civill power of the Magistrat . The Warner in the Chapter and in diverse other parts of his booke seemes to agree with this judgment : and upon this ground if he had ingenuity he would offer his helping hand to untie the bonds of the Kings conscience , if heere it were straytened , by demonstrating from this his principle , that very safely without any offence to God and nothing doubting for conscience sake , his Majestie might lay aside Episcopacy and set up the Presbytery so fully as is required in all his dominions though not upon a divine right which the Presbyterians beleeve , yet upon Erastus royall right which the Warner here and elsewhere avouches . What the Warner puts heere again upon the Presbyterie , the usurpation of the temporall sword in what indirect relation so ever , its probation in the former chapter was found so weake and naughty , that the repetition of it is for no use : only wee marke that the Warner will have the Presbitery to be an absolute papacy , for no other purpose but to vent his desire of revenge against the Presbyterians , who gave in a challenge against the Praelats , especially the late Canterburians , among whom Doctor Bramble was one of some note , to which none of them have returned to this howre an answer ; that their principles unavoidably did bring backe the pope . For a Patriarch over all the westerne Churches , and among all the Patriarches of the whole Catholick Church a primacy in the Roman , flowes cleerly out of the fountaine of Episcopacy , according to the avowed doctrine of the English praelats : who yet are more liberall to the pope in granting him beside his spirituall super-inspection of the whole Catholick Church , all his temporall jurisdictions also in the patrimony of St. Peter , and all his other faire principalities within and without Italy . There is no ceremony in Rome that these men stick upon : for of all the superstitious and idolatrous ceremonies of Rome , their images and altars and adorations before them are incomparably the worst ; yet the Warners friends without any recantation we have heard of , avow them all ; even an adoration of and to the altar it selfe . As for the doctrines of Rome what points are worse then these which that party have avowed in expresse tearmes , a corporall presence of Christs body upon the Altar the Tridentine justification , free-will , finall apostacy of the Saints : when no other thing can be answered to this our sore challenge , it is good to put us off with a Squib that the Presbyterie is as absolute papacy as ever was in Rome . The Presbyterian position which the Warner heere offers not to dispute but to laugh at , that Christ as King of his Church according to his royall office and Scepter hes appointed the office-bearers and lawes of the house , is accorded to by the most and sharpest of our adversaries , whether English or Romish , as their owne tenet : howbeit such foolish consequences , that all acts of Synods must be Christs Lawes , &c. neither they nor wee doe acknowledge . His declamations against the novelty of the Presbyterie in the ordinary stile of the Jesuites against Protestants , and of the pagan Philosophers against the Christians of old , who will regarde : our plea for the Praesbyterie is , that it is scripturall ; if so ; it is auncient enough : if not ; let it be abolished . But it were good , that heer also the Warner and his friends would be ingenuous , to speake out their minds of Episcopacy . Why have they all so long deceived the King , in assuring him that English Episcopacy was wel warranted both by Scripture and antiquity . Be it so ( which yet is very false ) that something of a Bishop distinct from a Presbyter had any footing in Scripture , yet can they be so impudent , as to affirme , that an English Bishop in his very flesh and blood , in his substantiall limbs was ever knowne in the World till the pope was become Antichrist ? A Bishop by virtue of his office a Lord in Parliament , voycing in all acts of State , and exercising the place of a high Thesaurer , of a Chancelor , or what ever civill charge the favour of a Prince did put upon him ; a Bishop with sole power of ordination and jurisdiction , with out any Presbytery ; a Bishop exercising no jurisdiction himselfe in any part of his dioces , but devolving the exercise of that power wholly upon his officials & Commissaries ; a Bishop ordaining Presbyters himselfe alone , or with the fashionall assistance of any two Presbyters , who chaunce to be neare ; a Bishop the only Pastor of the whole dioces , and yet not bound to feed any flock , either by word or Sacrament , or governement , but having a free liberty to devolve all that service upon others , and himself to wayte at court so many yeares as he shall think fit . This is our English Bishop not only in practise but in law , and so was hee defended by the great disputants for praelacy in England . But now let the Warner speake out , if any such treasure can more be defended or was ever knowne in scripture , or seen in any Christian Church for 800. yeares and above , after the death of Christ. I take it indeed , to be conscience , that forces now at last the best of our Court-divines to devest their Bishop of all civill imployment in Parliament court or Kingdome , in denying his solitarines in ordination , in removing his officiall and Commissary courts , in taking away all his arches , Arch - Bishops , Arch - Deacons , deane and Chapter and all the , &c. in erecting Presbyteries for all ordinations and spirituall jurisdiction . It is good that conscience moves our adversaries at last to come this farre towards us : but why will they not yet come nearer , to acknowledge that by these their to lately recanted errours they did to long trouble the world ; and that the little which yet they desire to keepe of a Bishop is nothing lesse then that English Bishop but a new creature of their own devising never known in England which his Majestie in no honnour is obliged to mantaine for any respect either to the lawes or customes of England , and least of all , for conscience ? While the Warner with such confidence avowes , that no text of Scripture can be alleadged against Episcopacy , which may not with more reason be applyed against the Presbytery ; behold I offer him here some few , casting them in a couple of arguments , which according to his great promises , I wish , he would answer at his leasure . First I doe reason from Ephesians 4. 11 : all the officers that Christ has appointed in his Church for the Ministry of the word , are either Apostles , Evangelists , Prophets , Pastors or Doctors : but Bishops are none of these fyve : Ergo they are none of the officers appointed by Christ for the Ministry of the word . The Major is not wonte to be questioned : the minor thus I prove ; Bishops are not Apostles , Evangelists , nor prophets : for it s confessed , all these were extraordinary and temporary officers : but Bishops ( say yow ) are ordinary and perpetuall : our adversaries pitch upon the fourth , alleadging the Episcopall office to be pastorall ; but I prove the Bishop no Pastor thus ; no Pastor is superior to other Pastors in any spirituall power : but according to our adversary , a Bishop is superior to all the Pastors of his dioces in the power of ordination and jurisdiction . Ergo. The doubt heer is only of the Major , which I prove Argumento à paribus : no Apostle is superior to an Apostle , nor an Evangelists to an Evangelist , nor prophet to a prophet nor a Doctour to a Doctour in any spirituall power according to scripture . Ergo no Pastor to a Pastor . Againe I reason from 1. Tim. 4. 14. Math : 18. 15. 1. Cor. 5. 4. 12. 13 , What taks the power of ordination and jurisdiction from Bishops , destroyes Bishops : as the removall of the soule kills the man , and the denyall of the forme takes away the subject ; so the power of ordination and jurisdiction the essentiall forme , whereby the Bishop is constitute and distinguished from the Presbyter and every other Church officer , being removed from him , he must perish : but the quoted places take away cleerly these powers from the Bishop : for the first puts the power of ordination in the Presbytery , and a Bishop is not a Presbytery ; the second puts the power of jurisdiction in the Church ; and the third in a company of men which meet together : but the Bishop is not the Church nor a company of men met together : for these be many , and he is but one persone . When the Doctors learning hes satisfied us in these two , he shall receave more scripturall arguments against Episcopacy . But why doe wee expect answers from these men , when after so long time ( for all their boasts of learning and their visible leasure ) none of their party hes hade the courage , to offer one word of answer to the Scriptures and Fathers , which in great plenty Mr. Parker and Mr. Didoclave of old , and of late that miracle of learning most noble Somais , and that Magazin of antiquity Mr. Blondel have printed against them ? What in the end of the Chapter the Warner addes of our trouble at King James his fiftie and five questions 1596 , and of our yeelding the bucklers without any opposition till the late unhappy troubles ; we answer that in this as every where else the Warner proclaines his great and certaine knowledge of our Ecclesiastick story : the troubles of the Scots divines at that time were very small , for the matter of these questions , all which they did answer so roundly , that ther was no more speach of them therafter by the propounders : but the manner and time of these questions did indeed perplex good men , to see Erastian and Prelaticall counsellors so farr to prevaile with our King , as to make him by captious questions carpe at these parts of Church-discipline , which by statuts of Parliament and acts of Assemblyes were fully established . Our Church at that time was far from yeelding to Episcopacy : great trouble indeed by some wicked States-men was then brought upon the persones of the most able and faithfull Ministers , but our land was so far from receiving of Bishops at that time , that the question was not so much as proposed to them for many yeares thereafter , it was in Ann. 1606 that the English Praelats did move the King by great violence to cast many of the best and most learned Preachers of Scotland out of their charges , and in Ann. 1610 , that a kind of Episcopacy was set up in the corrupt assembly of Glasgow ; under which the Church of Scotland did heavily groane till the yeare 1637 , when their burdens was so much increased by the English praelaticall Tax-masters , that all was shaken of together , and divine justice did so closly follow at the heeles , that oppressing praelacy of England as to the great joy of the long oppressed Scotes , that evill root and all its branches was cast out of Britaine , where wee trust , no shadow of it shall ever againe be seen . CHAP. IX . The Common-wealth is no monster , when God is made Soveraigne , and their commands of men are subordinated to the clear will of God. HAving cleered the vanity of these calumnious challenges , wherewith the Warner did animate the King and all Magistrates against the Presbyterians , let us try if his skill be any greater , to inflame the people against it . Hee would make the World beleeve that the Presbyterians are great transsubstantiators of whole Common-wealths into beasts , and Metamorphosers of whole Kingdomes of men , into Serpents with two heads ; how great and monstrous a Serpent must the Presbytery be , when shee is the Mother of a Dragon with two heads . But it is good , that she has nothing to doe with the procreation of the Dragon with seven heads , the great Antichrist , the Pope of Rome : this honour must bee left to Episcopacy : the Presbytery must not pretend to any share in it . The Warners ground for his pretty fimilitude is , that the Presbyterians make two Soveraignities in every Christian State , whose commands are contrary . Ans. All the evill lyeth in the contrariety of the commands : as for the double Soveraignity , ther is no shew of truth in it : for the Presbyterians cannot bee guilty of coordinating two Soveraignities in one State , though the Praelats may wel be guilty of that fault ; since they with there Masters of Rome mantaine a true hierarchie , a Spirituall Lord-ship , a domination and principality in their Bishops above all the members of the Church , but the Presbyterians know no 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , no dominion , no Soveranity in Church officers , but a meer ministry under Christ. As for the contrariety of commands , its true : Christs Ministers must publish all the commands oftheir Soveraigne Lord , whereunto no command of any temporall Prince needs or ought to be contrary ; but if it fall out to bee so , it is not the Presbytery ; but the holy Scriptures , which command rather to obey God then man. Dare the Warner heere oppose the Presbyterians ? dare he mantaine a subordination of the Church to the State in such a fashion , that the cleer commands of God published by the Church ought to give place to the contrary commands of the State ? if the Warner must needs invert and contradict Christ ruling of this case , let him goe on to preach doctrine point blank to the Apostles , that it is better to obey men then God. It falls out as rarely in Scotland as any where in the world , that the Church and State run contrary wayes ; but if so it happen , the commune rules of humane direction towards right and wrong judgement must be followed : if a man find either the Church or the State or both command what he knowes to be wrong ( for neither the one nor the other hath any infallibility ) their is no doubt but either or both may be disobeyed , yet with this difference , that for disobedience to the Churches most just commands , a man can not fall under the smallest temporall inconvenient without the States good pleasure , but for his disobedience to the most unjust commands of the State he must suffer what ever punishment the law does inflict without any releefe from the Church . Two instances are brought by the Warner , of the Church and States contrary commands : the first the King commanded Edenburgh to feast the frensh Ambassadours , but the Church commanded Edenburgh to fast that day when the King desired them to feast . Ans. Heer were no so contrary commands , but both were obeyed , the people did kepe the humiliation , and some of the Magistrats that same day did give the banquet to the frensh Ambassadours as the King commanded ; that for this any Church censure was intended against them it is a malitious calumny , according to the author of this fable his owne confession , as at length may be seen in the unloading of Issachars burden . As for his second instance , the difference of the Church and State about the late ingagement we have spoken to it in the former chapter at length : the furthest the Church went was by humble petitions and remonstrances to set before the Parliament the great danger , which that ingagement ( as it was stated and mannaged ) did portent to religion , the Kings Person & whole Kingdom , when contrary to their whole some advices the ingagement went on , they medled not to oppose the act of State further then to declare their judgement of its unlawfulnesse , according to the duty of faithfull watchmen Ezek. 33. It is very false that the Church has chased any man out of the country , or excommunicated any for following that engagement , or have put any man to sackcloath for it , unto his day . Neither did ever any man call the freedome of the late Parliament in question , how unsatisfied soever many were with its proceedings . When the Warner heapes up so many untruths in a few lines , in things done but yesterday before the eyes of thousands , we shall not wonder of his venturing to lye confidently in things past long before any now living were borne : but there are a generation of men who are bold to speake what makes for their end upon the hope that few wil be at the pains , to bring back what hes flowne from their teeth to the touchstone of any solide tryall . CHAP. X. The Nature of the Presbytrie is very concordant with Parliaments . IN the tenth chapter the Warner undertakes to shew the antipathy of Presbyteries to Parliaments ; albeit there bee no greater harmony possible betwixt any two bodies , then betwixt a generall assembly and Parliament , a Presbyterie and an inferior civill court , if either the constitution or end or dayly practise of these judicatories be looked upon : but the praelaticall learning is of so high a flight , that it dare undertake to prove any conclusion : yet these men are not the first , that have offered to force men to beleeve upon unanswerable arguments though contrary to common sence and and reason that snow is black and the fire cold and the light dark . For the proofe of his conclusion he brings backe yet againe the late engagement : how often shall this insipide colwort be set upon our table ? Will the Warner never be filled with this unsavory dish ? The first crime that here the Warner marks in our Church against the late Parliament in the matter of the ingagement is , their paper of the eight desires : upon this he unpoureth out all his good pleasure , not willing to know that all these desires were drawne from the Church by the Parliaments owne messages , and that well neare all these desires were counted by the Parliament it self to be very just and necessary : Especially these two which the wise Warner pitches upon as most absurd for the first a security to religion from the King upon oath under his hand and seale : where the question among us was not for the thing it self , but only about the time , the order and some part of the matter of that security . And for the second , the qualification of the persons to be imployed , that all should be such who had given no just cause of Jealousy ; no man did question , but all who were to have the managing of that warre should be free of all just causes of Jealousy , which could be made appeare not to halfe a dossen of Ministers , but to any competent judicatory according to the lawes of the Kingdome . The Warner has not been carefull to informe himselfe , where the knot of the difference lay , and so gives out his owne groundlesse conjectures for true Historicall narrations , which he might easily have helped by a more attentive reading of our publick declarations . The second fault he finds with our Church is , that they proclaime in print their dissatisfaction with that ingagement as favourable to the malignant party , &c. Ans. The Warner knows not that it is one of the liberties of the Church of Scotland established by law and long custome to keep the people by publick declarations in their duty to God , when men are like to draw them away to sin according to that of Esay . 8. v. 12. 13. What in great humility piety and wisedome was spoken to the world in the declaration of the Church concerning that undertaking , was visible enough for the time to any who were not peremptor to follow their owne wayes : and the lamentable event since has opened the eyes of many , who before would not see , to acknowledge their former errours : but if God should speake never so loud from Heaven , the Warner and his party will stoppe their cares : for they are men of such gallant Spirits , as scorne to submit either to God or men , but in a Romane constancy they will be ever the same though their counsels & wayes be found never so palpably pernicious . The third thing the Warner layes to the charge of our Church is , that they retarded the leavies . Ans. In this also the Warner shewes his ignorance or malice : for how sore soever the Levy ( as then stated & mannaged ) was against the hearts of the Church , yet their opposition to it , was so cold-rife and small , that no complaint needs bee made of any retardment from them . So soone as the commanders thought it expedient , there was an Army gotten up so numerous and strong , that with the ordinary blessing of God was aboundantly able to have done all the professed service : but where the aversion of the hearts of the Church and the want of their prayers is superciliously contemned , what mervaile , that the strongest arme of flesh bee quickly broken in peeces ? The fourth charge is most calumnious , that the Church gathered the country together in armes at Mauchline moor to oppose the expedition . Ans. No Church man was the cause of that meeting a number of yeomen being frighted from their houses , did flee away to that corner of the Land , that they might not be forced against their conscience to goe as souldiers to England : while their number did grow , and they did abide in a body for the security of their persons , upon a sudden a part of the Army came upon them : some Ministers being neare ( by occasion of the communion at Mauchlin the day before ) were good instruments with the people to goe away in peace . And when the matter was tryed to the bottom by the most Eagle-eyed of the Parliament , nothing could be found contrary to the Ministers protestation , that they were no wayes the cause of the peoples convening or fighting at Mauchlin . The paralell that the Warner makes betwixt the generall assembly and Parliament is malicious in all its parts . For the first , though the one Court be civill , and the other Spirituall , yet the Presbyterians lay the authority of both upon a divine fundation , that for conscience sake the Courts civil must be obeyed in all their Lawfull commands , alsewell as the assemblyes of the Church ; God being the author of the politick order as well as the Ecclesiastick , and the revenger of the contempt of the one alswell as of the other . But what doth the Warner meane , to mock at Ministers for carrying themselves as the Ambassadors of Christ , for judging according to the rule of Scripture , for caring for life eternall ? is he become so shamefullie impious , as to perswade Ministers to give over the care of life eternall , to lay aside the holy Scripture , and deny their ambassage from Jesus Christ ? behold what Spirit leads our praelats , while they jeere the World out of all Religion , and chase away Ministers from Christ , from Scripture , from eternall life . Of the second part of the parallell , that people are more ready to obey their Ministers then their Magistrats what shall be made ? all the power which Ministers have with the people is builded on their love to God and religion : how much so ever it is , a good Statseman will not envy it : for he knowes that God and conscience constraine Ministers to imploy all the power they have with the people to the good of the Magistrat , as the deputy and servant of God for the peoples true good . The Warner heer understands best his owne meaning , while he scoffes at Ministers for their threatning of men with hells fire . Are our Praelats come to such open proclamations of their Atheisme , as to printe their desires to banish out of the hearts of people all feare not only of Church-censures , but even of hell it selfe ? whither may not Satan dryve at last the instruments of his Kingdome ? The third parte of the paralell consists of a number of unjust and false imputations before particularly refuted . What he subjoines of the power of the generall Assembly to name Comittees to sit in the intervalls of Assemblies , it is but a pcore charge : is it not the dayly practise of the Parliaments of Scotland to nominat their Comittees of State for the intervalls of Parliament ? Is it not ane inhaerent right to every Court to name some of their number to cognosce upon things within their owne spheare at what ever times the court it selfe finds expedient ; how ever the judicatories of the Church by the lawes of the Kingdome being authorized to meet when themselves think fit both ordinarly and pro renata , their power of appointing Comittees for their owne affaires was never questioned : and truely these Comittees in the times of our late troubles when many were lying in waite to disturbe both Church and State , have been forced to meet oftner then otherwise any of their members did desire : whose diversion from their particular charges ( though for attendance on the publick ) is joyned with so great fashery and expence , that with all their heart they could be glade to decline it , if feare of detriment to the Church made not these meetings very necessary . CHAP. XI . The Presbytery is no burden to any honest man. THE bounds and compasse of the Warners rage against the Presbytery is very large ; not being content to have incensed the King and Parliament against it , he comes downe to the body of the people , and will have them beleeve the speciall enimity of the Scots discipline against them , first because it inflicts Church censures upon every one for the smallest faults . Ans. The faults which the Warner mentions may well be ane occasion of a private advice in the eare , but that any of them did ever procure the smallest censure of the Church , it is a great untruth : no man who knowes us , will complaine of our rigour , heer we wish we were able to refute upon as good reason the charge of our laxenes in the mouth of sectaries as we are that of our strictnes in the mouth of Erastianes . Wee would know of the Warner , what are these Sabbath recreations , which he saith are void of scandal , and consistent with the dutyes of the day ; are they not the stage playes and the other honest pastimes , wherewith his friends were wonte to sanctify the Lords day , as no more a Sabbath then any other day in the yeare , and much lesse then diverse popish festivalls ? An Aposteme in the lowest gutt will shew it selfe by the unsavory vapours , which now and then are eructat from it . That ever in Scotland there was one word of debate about starch and cuffs , is more then the Warner can prove . The second oppression , whereby the Presbytery trods the people under foot is a rare cruelty ; that persons , for grievous crimes whereof the Magistrate takes notice , are called to Ecclesiastick repentance . Will the Doctor in his fury against us , run out upon all his owne friends for no appearance of a fault ? Will either the English or popish praelats admit murtherers , whoores or theeves to the holy table without any signes of repentance ? Is not the greatest crime the ground of the greatest scandal ? Shall small scandals be purged away by repentance , and the greatest be totally past by ? The Warner heer may know his owne meaning but others will confesse their ignorance of his minde . The third grievance he would have the people conceive against the Presbytery is , the rigour of their excommunication ; in this also the Warner seemes to know little of the Scots way , let excommunication be so seveer in Scotland as is possible , yet the hurt of it is but small : it is so rare an accident , men may live long in Scotland , and al their life never see that censure execute ; I have lived in one of the greatest Cities of that land and for fourty seven yeares even from my birth to this day , that censure to my knowledge or hearing was never execute there in my dayes but twice ; first upon ane obstinat and very profane Papist ; and nixt on some horrible scandalous praelats . Againe when any is excommunicated by the Church , we goe no further with them then Pauls commande : 2. Thes. 3. 14. only they who are not tyed to them by naturall bonds , abstaine from familiar and unnecessary conversation , to bring them by the sence of this shame to repentance for their sins . Thirdly the civil inconvenientes which followe that censure come along from the State and the acts of Parliament , for which the Church ought not to be challenged ; especially by praelats who wont to allow their officials to excommunicat whole incorporations of people for a small debt of mony , and to presse the contemners of that frivolous and profane sentence , with all the civil inconvenientes they could . Fourthly what ever be the laws in Scotland against them who continues long in the contempt of Excommunication , ( which are not inflicted but for great sins and after a long processe ) yet certainly their execution is very farre from all cruelty , as they who know the proceedings of that land , will beare witnes . What he objects about fugitives ; it is true , when a proces is begunne , a fugitive may have it concluded , and sent after him ; but we count not that man a fugitive from discipline or contumacious as the Warner quarrels us , who upon just feare to hazard his life does not compear . CHAP. XII . The Presbytery is hurtfull to no order of men . PRaelaticall malice is exorbitant beyond the bounds of all shew of moderation : was it not enough to have calumniat the Presbytery to Kings , Princes and Soveraignes , to Parliaments and all Courts of Justice , to people and all particular persons , but yet a new chapter must be made to shew in it the hurtfullnes of Presbytery to all orders of men : wee must have patience to stand a little in the unsavoury aire of this vomite also . Unto the nobility and gentry the Presbitery must be hurtfull , because it subjecteth them to the censures of a raw heady novice and a few ignorant artificers . Ans. It s good that our praelats are now turned pleaders against the oppression of the Nobility and gentry : it s not long since the praelatical clergy were accustomed to set their foule feet on the necks of the greatest peeres of the three Kingdomes with to high a pride and pressure ; that to shake of their yock , no suffering , no hazard has been refused by the best of the Nobility and gentry of Britaine : but natures and principles are so easy to be changed , that no man now needs feare any more oppression from the praelats , though they were set downe again and wel warned in their repaired throns . But to the challenge we answer , that the meanest Eldership of a small Congregation in Scotland consists of the Pastor , and a dozen ( at least ) of the most wise pious and learned that are to be found in the whole flock ; which yet the Warner heer makes to be judges but of the common people in matters of smallest moment . But for the classicall Presbytery , to which he referres the Ecclesiasticall causes of the Nobility and gentry , and before whom indeed every Church processe of any considerable weight or difficulty does come , though it concerne the persons of the meanest of the people , this Presbytery does consist ordinarly of fifeteen Ministers ( at least ) and fifeteen of the most qualified noblemen , gentlemen and Burgesses , which the circuit of fifteen parishes can affoord , these ( I hope ) may make up a judicatory of a great deale more worth then any officiall court , which consists but of one judge , a petty mercenary lawyer , to whose care alone the whole Ecclesiastick jurisdiction over all the Nobility and gentry of diverse shyres is committed , and that without appeale as the Warner has told us , except it be to a Court of delegats ; a miserable releefe that all the Nobility , gentry and Commons of a Kingdome , who are oppressed by Episcopall officials , have no other remedie but to goe attende a Committee of two or three civilians at London deputed for the discussing of such appeales . The Presbyterian course is much more ready , solide and equitable : if any grievance arise from the sentence of a Presbytery , a Synode twice a yeare doth sit in the bounds , and attends for a week , or if need be , longer , to determine all appeales , and redresse all grievances : now the Synode does consist of all the Ministers within the bounds , which ordinarly are of diverse whole shyres as that of Glasgow , of the upper and neather ward of Clidsedaile , Baerranfrow , Lennox , Kile , Carrick and Cunninghame ; also beside Ministers , the constant members who have decisive voice in Synodes , are the chiefe Noblemen , Gentlemen and Burgesses of all these shyres , among whom their be such parts for judgment as are not to be found nor expected in any inferiour civil Court of the Kingdom , yet if it fall out so , that any party be grieved with the sentence of a Synode , there is then a farther and finall appeale in a Generall assembly , which consists of as many Burgesses and more Gentlemen from every shire of the Kingdome then come to any Parliament : beside the prime Nobility and choisest Ministry of the land ; having the Kings Majestie in persone , or in his absence , his high Commissioner to be their praesident . This meeting yeerly ( or oftner , if need be ) sits ordinarly a month ; and if they think fit , longer : the number , the wisedome , the eminency of the members of this Court is so great , that beside the unjustice , it were a very needlesse labour to appeal from it to the Parliament , for ( as we have said ) the King or his high Commissioner , sits in both meetings albeit in a differēt capacity : the number and qualification of knights and Burgesses is ever large as great in the assembly as in the Parliament : only the difference is , that in the Parliament all the Nobility in the Kingdom sit without any election and by virtue of their birth , but in the Assembly only who for age , wisedome and piety are chosen by the Presbyteries as fittest to judge in Ecclesiastick affairs but to make up this oddes of the absence of some Noblemen , the Assembly is alwayes adorned with above ane hundred of the choisest Pastors of the whole land , none where of may sit in Parliament : nothing that can conciliate authority to a Court , or can be found in the Nation , is wanting to the generall assembly ; how basely so ever our praelats are pleased to trample upon it . The second alledged hurt which the Nobility have from the Presbytery , is the losse of their patronages by congregations electing their Pastors . Ans. Howsoever the judgment of our Church about patronages is no other then that of the Reformed divines abroad , yet have our Presbyteries alwayes with patience endured patrons to present unto vacant Churches , till the Parliament now at last hath taken away that grievance . The Nobilities last hurt by the Presbytry is their losse of all their impropriations and Abey-lands . Ans. How Sycophantick an accusation is this ? for who knowes not , how farre the whole generation of the praelaticke faction doe exceed the highest of the Presbyterians in zeale against that which they call Sacriledge ? never any of the Presbyterians did attempt either by violence , or a course of Law , to put out any of the Nobility or gentry from their possessions of the Church-lands , but very lately the threats and vigorous activity of the praelats , and their followers were so vehement in this kinde , that all the Nobility and gentry who had any interest , were wackned ( to purpose ) to take heed of their rights . In the last Parliament of Scotland when the power of the Church was as great as they expect to see it againe , though they obtained the abolition of patronages , yet were the possessors of the Church-lands and tythes so little harmed that their rights therto were more cleerly and strongly confirmed , then by any praeceding Parliament . The fourth hurt is that every ordinary Presbyter wil make himselfe a Noblemans fellow . Ans. No where in the World does gracious Ministers ( though meane borne men ) receive more respect from the Nobility then in Scotland : neither any where does the Nobility and gentry receive more duely their honour then from the Ministers there . That insolent speach fathered on Mr. Robert Bruce is demonstrat to be a fabulous calumny in the historicall vindication . How ever the Warner may know that in all Europe where Bishops have place , it hes ever , ( at least these 800 yeares ) been their nature to trample under foot the highest of the Nobility . As the Pope must be above the Emperour , so a little Cardinal Bellarmin can tell to King Iames , that hee may well be counted a companion of any Ilander King : were the Bishops in Scotland ever content , till they got in Parliament the right hand and the nearest seates to the throne , and the doore of the greatest Earles , Marquesses and duks ? was it not Episcopacy , that did advance poore and capricious pedants to strive for the whyte staves & great Seales of both Kingdomes , with the prime Nobility ; and often overcome them in that strife ? In Scotland I know , and the Warner will assure for England and Ireland , that the basest borne of his brethren hes ruffled it in the secreet counsel , in the royall Exchequer , in the highest courts of justice , with the greatest Lords of the Land : it s not so long , that yet it can be forgotten , since a Bishop of Galloway had the modesty to give unto a Marquise of Argile , tanta mont to a broadly in his face at the counsel table . The Warner shall doe well to reckon no more with Presbyters for braving of Noblemen . The nixt hee will have to bee wronged by the Presbytery are the orthodoxe clergy . Ans. All the Presbyterians to him ( it seemes ) are heterodoxe ; Episcopacy is so necessary a truth that who denies it , must be stamped as for a grievous errour with the character of heterodox . The following words cleere this to be his mind , they losse ( saith hee ) the confortable assurance of undoubted succession by Episcopall ordination : what sence can be made of these words , but that all Ministers who are not ordained by Bishops , must lie under the confortlesse uncertainty of any lawfull succession in their ministeriall charge , for want of this succession through the lineall descent of Bishops from the Apostles ; at least for want of ordination by the hands of Bishops , as if unto them only the power of mission and ordination to the Ministry were committed by Christ : because of this defect the Presbyterian Ministers must not only want the confort of an assured and undoubted calling to the Ministry , but may very well know and be assured that their calling and Ministry is null . The words immediatly following are scraped out after their printing : for what cause the author lest knoweth : but the purpose in hand makes it probable , that the deletted words did expresse more of his mind , then it was safe in this time and place to speake out : it was the late doctrine of Doctor Brambles prime friends , that the want of Episcopall ordination did not only annuall the calling of all the Ministers of France , Holland , Zwit-zerland , and Germany , but also did hinder all these societies to be true Churches : for that popular Sophisme of the Jesuits our praelats did greedily swallow ; where are no true Sacraments , there is no true Church ; and where is no true Ministry , there are no true Sacraments ; and where no true ordination , there is no true ministry ; and where no Bishops , there is no true ordination : and so in no reformed country but in England and Ireland where were true Bishops , is any true Church . When Episcopacy comes to this height of elevation , that the want of it must annull the Ministry , yea null the Church and all the Reformed at one strock , is it any mervaill , that all of them doe concurre together for their own preservation , to abolish this insolent abaddon and destroyer ? and notwithstanding all its ruine have yet no disconfort at all , nor any the least doubt of their most lawfull ordination by the hands of the Presbytry . After all this was writen , as heer it stands , another copie of the Warners book was brought to my hand wherin I found the deleted line stand printed in these distinct tearmes , and put it to a dangerous question whither it be within the payle of the Church , the deciphering of these words puts it beyond all peradventure that what I did conjecture of the Warner and his Brethrens minde , of the state of all the reformed Churches , was no mis-take , but that they doe truely judge the want of Episcopall ordination to exclude all the Ministers of other Reformed Churches , and their flocks also from the lines of the true Church . This indeed is a most dangerous question : for it stricks at the root of all . If the Warner out of remorse of conscience had blotted out of his book that errour , the repentance had been commendable : But he hes left so much yet behind unscraped out , as does shew his minde to continue what it was , so that feare alone to provoke the reformed heere at this unseasonable time , seemes to have been the cause of deleting these too cleare expressions of the praelaticall tenet against the very being and subsistence of all the Protestant Churches , which want Episcopacy , when these mē doe still stand upon the extreame pinacle of impudency and arrogance , denying the Reformed to be true Churches , and without scuple averring Rome as shee stands this day , under the counsel of Trent , to be a Church most true , wherin there is an easy way of salvation , from which all separation is needlesse , and with which are-union were much to be desired ? That gracious faction this day is willing enough to perswade , or at least to rest content without any opposition that the King should of himselfe without and before a Parliament , ( though contrary to many standing Lawes ) grant under his hand and seale a full liberty of Religion to the bloody Irish , and to put in their hands , both armes , Castles and prime Places of trust in the State ; that the King should give assurance of his endeavour , to get all these ratified in the nixt Parliament of England , these men can heare with all moderation and patience : but behold their furious impatience , their whole art and industry is wakned , when they heare of any appearance of the Kings inclination towards covenanting Protestants : night and day they beate in his Majesties head , that all the mischieves of the world does lurke in that miserable covenant , that death and any misfortune , that the ruine of all the Kingdomes ought much rather to bee imbraced by his Majestie , then that prodigious Monster , that very hell of the Covenant , because forsooth it doth oblige in plane tearmes the taker to endeavour ( in his station ) the abolition of their great Goddesse , praelacy . The nixt hurt of Ministers from the Presbytry , is , that by it they are brought to ignorance , contempt and beggery . Ans. Whither Episcopacy or Presbytry is the fittest instrument to avert these evills , let reason or experience teach men to judge . The Presbyteriall discipline doth oblige to a great deale of severer tryalls in all sort of learning requisite in a divine before ordination then doth the Episcopall : let either the rule or practise of Presbyterian and Episcopall ordination be compared or the weekly Exercises and monthly disputations in Latine upon the controverted heads be looked upon which the Presbytry exacts of every Minister after his ordination all the dayes of his life : for experience let the French , Dutch and Scots divines who have been or yet are , be compared with the ordinary generation of the English Clergie , and it will be found , that the praelats have not great reason so superciliously to look downe with contempt upon their Brethrens learning . I hope , Cartwright , Whitaker , Perkins , Reynolds , Parker , Ames , and other Presbyterian English were inferior in learning to none of their opposits : some of the English Bishops has not wanted good store of learning , but the most of them ( I beleeve ) wil be content to leave of boasting in this subject , what does the Warner speake to us of ignorance , contempt and Beggery ? does not all the world know , that albeit some few , scarce one of twenty , did brook good benefices , yea plurality of them whereby to live in splendor at Court , or where they listed in their non-residency , neverthelesse it hath been much complained , that the greatest parte of the priests , who had the cure of soules thorow all the Kingdome of England , were incomparably the most ignorant , beggerly and contemptible clergy , that ever have been seen in any of the reformed Churches ? neither did we ever heare of any great study in the Praelats to remeed these evils , albeit some of them be provident enough for their owne families . Doctor Bramble knowes who had the skill before they had sitten seven yeare in their charge to purchase above fifeteen hundred pounds a yeare for themselves and their heirs what somever . The third evil which the Ptesbytery brings upon Ministers is that it makes them prat and pray nonsence everlastingly . Ans. It is indeed a great heartbrake unto ignorant , lazy and unconsciencious Ministers to be put to the paines of preaching and prayer , when a read service was wont to be all their exercise : but we thought that all indifferently ingenuous men had long agoe been put from such impudence . It was the late labour of the praelats by all their skill to disgrace preaching and praying without booke , to cry up the Liturgy as the only service of God , and to idolize it as a most heavenly and divine peece of write , which yet is nought but a transcript of the superstitious breviary and idolatrous missall of Rome . The Warner would doe well to consider and answer after seven years advisement Mr. Bailie his pararell of the service with the missall and Breviarie , before hee presente the world with new paralels of the English liturgy , with the directories of the Reformed Churches . Is it so indeed , that all preaching and praying without book is but a pratting of non-sence everlastingly , why then continues the King and many well minded men to be deceived by our Doctors , while they affirme that they are as much for preaching in their practise and opinion as the Presbyterians , and for prayer without book also , before and after sermon , and in many other occasions ? it seemes these affirmations are nothing but grosse dissimulation in this time of their lownesse and affliction , to decline the envy of people against them for their profane contempt of divine ordinances ; for wee may see heere their tenet to remaine what it was , and themselves ready enough , when their season shall be fitter , to ring it out loud in the eares of the World , that for divine service people needs no more but the reading of the liturgy , that sermons on week dayes and Sundayes afternoon must all be laid aside , that on the Sabbath before noone Sermon is needlesse , and from the mouths of the most Preachers very noxious ; that when some learned Schollars are pleased on some festivall dayes to have an oration , it would be short and and according to the Court paterne , without all Spirit and life for edification ; but by all meanes it must bee provided , that no word of prayer either before or after be spoken , except only a bidding to pray , for many things even for the welfare of the soules departed ; and all this alone in the words of the Lords prayer . If any shall dare to expresse the desires of his heart to God in privat or publick in any words of his own framing hee is a grosse Puritan , who is bold to offer to God his own nonsence rather then the auncient , and well advised prayers of the holy Church . The Warner is heer also mistaken in his beleefe , that ever the Church of Scotland had any Liturgy , they had and have still some formes for helpe and direction , but no ty ever in any of them by law or practise : they doe not condemne the use of set formes for rules , yea nor for use in beginners , who are thereby endeavouring to attaine a readinesse to pray in their family out of their owne heart in the words which Gods spirit dytes to them ; but for Ministers to suppresse their most confortable and usefull gift of prayer by tying their mouth unto such formes which themselves or others have composed wee count it a wrong to the giver , and to him who has received the gift , and to the gift , and to the Church for whose use that was bestowed . In the nixt place the Warner makes the Presbytry injurious to parents , by marying their children contrary to their consent , and forcing them to give to the disobedient as large a portion as to any other of their obedient children , and that it is no mervail the Scots should doe these things who have stripped the King the father of their country of his just rights . Ans. By the Warners rule all the actions of a nation where a Presbytry lodges must be charged on the back of the Presbytry . II. The Parliament of Scotland denyes , that they have stripped the King of his just rights ; while he was stirred up and keeped on by the praelaticall faction to courses destructive to himselfe and all his people ; after the shedding of much blood , before the exercise of all parts of his royall government , they only required for all satisfaction and security to religion and liberties , the grant of some few most equitable demands . The unhappy Praelats from the beginning of our troubles to this day finding our great demande to runne upon the abolition of their office , did everpresse his Majestie to deny us that satisfaction , and rather then Bishops should be laid aside they have concluded that the King himselfe , and all his family and all his three Kingdomes shall perish : yet with all patience the Scotes continue to supplicat and to offer not only their Kingdome , but their lives and estats and all they have for his Majesties service upon the grant of their few and easy demands ; but no misery either of King or people can overcome the desperat obstinacy ofPraelaticall hearts . As for parents consent to the mariage of their children , how tenderly it is provided for in Scotland it may be seen at length in the very place cited . It was the Bishops , who by their warrants for clandestine mariages , and dispensations with mariages without warrant have spoiled many parents of their deare children : with such abhominations the Presbytery was never acquainted ; all that is alleadged out of that place of our discipline is , when a cruel parent or tutor abuses their authority over their children , and against all reason for their owne evill ends perversely will crosse their children in their lawfull and every way honest desires of mariage ; that in that case the Magistrats and Ministers may be intreated by the grieved childe to deale with the unjust parent or tutor , that by their mediation reason may be done . I beleeve this advice is so full of equity , that no Church nor State in the world will complaine of it : but how ever it be , this case is so rare in Scotland that I professe , I never in my life did know , nor did heare of any child before my dayes , who did assay by the authoritative sentence of a Magistrate or Minister to force their parents consent to their marriage . As for the Warners addition of the Ministers compelling parents to give portions to their children , that the Church of Scotland haths any such canon or practise its an impudent lie , but in the place alledged is a passage against the sparing of the life of adulterers , contrary to the Law of God : and for the excommunication of Adulterers , when by the negligence of the Magistrat their life is spared , this possibly may be the thorne in the side of some which makes them bite and spurne with the heele so furiously against the Authors and lovers of so severe a discipline . The Presbyteries nixt injury is done to the Lawyers , Synodes & other Ecclesiastick Courts revoke their Sentences . Ans. No such matter ever was attempted in Scotland ; frequent prohibitions have been obtained by curtisan Bishops , against the highest civil judicatories in England , but that ever a Presbitry or Synode in Scotland did so much as assay to impede or repeale the proceedings of any the meanest civil court , I did never heare it so much as alleaged by our adversaries . The nixt injury is against all Masters , and Mistresses of families , whom the Presbytery will have to be personally examined in their knowledge once a yeare , and to be excommunicat , if grosly and wilfully ignorant . Ans. If it bee a crime for a Minister to call together parcels of his congregation to be instructed in the grounds of Religion , that servants and children and ( where ignorance is suspected , ) others also may be tryed in their knowledge of the Catechisme ; or if it bee a crime that in family-visitations oftener then once a yeare the conversation of every member of the Church may be looked upon ; we confesse the Ministers of Scotland were guilty thereof , and so farre as we know the generality of the Episcopall faction may purge themselves by oath of any such imputation : for they had somewhat else to doe , then to be at the pains of instructing or trying the Spirituall State of every sheep in their flocks : we confesse likewise , that it is both our order and practise to keep off from the holy table , whom wee find groslly and wilfully ignorant : but that ever any for simple ignorance was excommunicat in Scotland , none who knowes us will affirme it . The last whom he will have to be wronged by the Presbytery are the common people , who must groane under a high commission in every parish , where ignorant governors rule all without Law , medling even in domesticall jarres be twixt man and wife , Master and Servant . Ans. This is but a gybe of revenge for the overthrow of their Tyrannous high Commission-Court , where they were wont to play the Rex at their pleasure above the highest subjects of the three Kingdoms , and would never give over that their insolent domeneering court , till the King and Parliaments of both Kingdomes did agree to throw it down about their eares . The thing he jeares at , is the congregationall Eldership , a judicatory which all the Reformed doe enjoy to their great confort as much as Scotland . They are farre from all arbitrary judications ; their Lawes are the holy Scripture and acts of superior Church-judicatories , which rule so clearly the cases of their cognisance , that rarely any difficulty remaines therein : or if it doe , immediatly by reference or appeal it is transmitted to the Classes or Synode . The judges in the lowest Eldership ( as wee have said before ) are a doszen at least , of the most able and pious who can bee hade in a whole congregation to joine with the Pastors one or more as they fall to be : but the Episcopall way is to have no discipline at all in any congregation : only where there is hope of a fyne , the Bishops officiall will summon before his owne learned and conscientious wisedome , who ever within the whole dioces have fallen into such a fault as hee pleaseth to take notice of : as for domestick infirmities , Presbyterians are most tender to medle therein ; they come never before any judicatory , but both where the fault is great , and the scandal thereof flagrant , and broken out beyond the wals of the family . These are the great injuries and hurts which the Church discipline has procured to all orders of men in the whole reformed world , when Episcopacy has been such an innocent lambe , or rather so holy an angel upon earth , that no harme at all has ever come by it to any mortall creature : a misbeleeving Jew will nothing misdoubt this so evident a truth . CHAP. ULT. The Warners exceptions against the covenant are full of considence but exceeding frivolous . THough in the former Chapters the Warner has shewed out more venome and gall then the bagge of any one mans stomack could have been supposed capable of , yet as if he were but beginning to vomite , in this last Chapter of the covenant a new flood of blacker poyson rusheth out of his pen. His undertaking is great , to demonstrat cleerly that the covenant is meerly void wicked and impious . His first clear demonstration is , that it was devised by strangers , imposed by subjects , who wanted requisite power , and was extorted by just feare of unjust suffering , so that many that took it with their lips , never consented with their hearts . Ans. This cleer demonstration is but a poor and evill argument : the Major , if it were put in forme , would hardly be granted , but I stand on the minor as weake and false for the covenant was not devised by strangers , the Commissioners of the Parliament of England together with the Commissioners of the Parlia ment and generall assembly of Scotland were the first and only framers thereof , but they who gave the life and being to it in England were the Lords and Commons assembled in Parliament at West-Minster by the Kings call , and at that time acknowledged by his Majestie without any question about the lawfullnes of their constitution and authority : these men and that Court were not I hope great strangers in England . The covenant was not imposed upon the King : but the Parliaments of both Kingdomes made it their earnest desire unto his Majestie , that he would be pleased to joyne with them in that Covenant , which they did judge to be a maine peece of their security for their Religion and liberties in all the three Kingdomes . As for their imposing of it upon the subjects of England , an ordinance of Parliament ( though the King consent not ) by the uncontroverted lawes of England , is a sufficient authority to crave obedience of all the subjects of England , during the continuance of that Parliament . The last part of the demonstration is dishonorable indeed to the English Nation if it were true , it was no dishonour to England to joyne with their brethren of Scotland in a Covenant for mantainance of their Religion and Liberties : but for many of the English to sweare a covenant with their lippes , from which their heart did dissent and upon this difference of heart and mouth to plead the nullity of the oath , and to advance this plea so high as to a cleer demonstration , this is such a dishonour and dishonesty , that a greater cannot fall upon a man of reputed integrity , Especially when the ground of the lie and perjury is an evident falshood : for the covenant was not extorted from any flesh in England by feare of any unjust suffering ; so far was it from this , that to this day it could never be obtained from the Parliament of England , to enjoyne that covenant upon any by the penulty of a two pence . The Warners second demonstration is no better then the first , the ground of it is , that all oathes are void which have deceipt and errour of the substantiall conditions incident to them . This ground had need to be much better cautioned , then heere it is , before it can stand for a major of a clear demonstration : but how is the minor proved ? behold how much short the Warners proofes are of his great boastings . His first argument is grounded upon an evident falshood , that in the Covenant we sweare the lately devised discipline to be Christs institution . Ans. There is no such word nor any such matter in all the Covenant : was the Warners hatred so great against that peece of write , that being to make cleare demonstrations against it , hee would not so much as cast his eye upon that which he was to oppugne , Covenanters sweare to endeavour the reformation of England , according to the word of God and the best reformed Churches , but not a word of the Scotes Presbytery , nor of any thing in any Church even the best reformed , unlesse it be found according to the paterne of Gods holy word . The second ground of his demonstration is also an evident errour , that the covenant in hand is one and the same with that of King Iames. Ans. Such a fancy came never in the head of any man , I know ; much lesse was it ever writen or spoken by any : that the Covenant of King Iames in Scotland 1580 , should bee one and the same with the Covenant of all the three Kingdomes 1643 , whatsoever identities may appeare in the matter and similitude , in the ends of both ; but the grossest errors are solide enough grounds for praelaticall clear demonstrations . Yet heere the Warner understands not how hee is cutting his own vines ; his friends in Scotland will give him small thanks for attributing unto the nationall Covenant of Scotland , ( that Covenant of King Iames ) these three properties , that it was issued out by the Kings authority , that it was for the maintenance of the Lawes of the realme , and for the maintenance of the established Religion : tyme brings adversaries to confesse of their own accord long denyed truthes . But the Characters , which the Warner inprints upon the solemne league and Covenant of the three Kingdomes , wee must bee pardoned to controvert , till he have taken some leasure to trie his wilde assertions . First that the league is against the authority of the King , secondly that it is against the Law ; and thirdly that it is for the overthrow of Religion . The man cannot think , that any should beleeve his dictats of this kind without proofe , since the expresse words of that league do flatly contradict him in all these three positions . His gentle memento , that Scotland , when they sued for aid from the crowne of England , had not the English discipline obtruded upon their Church , might heer have been spaired : was not the English discipline and liturgy obtruded upon us by the praelats of England with all craft and force ? did we ever obtrude our disciplin upon the English ? but when they of their owne free and long deliberate choice had abolished Bishops and promised to set up Presbytery , so far as they had found it agreable to the word of Cod , were wee not in all reason obliged to encourage and assist them in so pious a work ? In the nixt words the Warner for all his great boasts finding the weaknes of all the former grounds of his seconde demonstration , he offers three new ones : which doubtles will doe the deid : for he avowes positively that his following grounds are demonstrative , yet whosoever shal be pleased to grip them with never so soft an hand shall find them all to be but vanity and wind . The first , after a number of prosyllogismes rests upon these two foundations , first that the right of the militia resides in the King alone : secondly that by the covenant the militia is taken out of the Kings hands ; and that every covenanter by his covenant disposes of himselfe and of his armes , against the right which the King hath into him . Ans. The Warner will have much adoe to prove this second so , that it may be a ground of a clear demonstration : but for the first that the power of the militia of England doth reside in the King alone , that the two houses of Parliament have nothing at all to doe with it , and that their taking of armes for the defence of the liberties of England or any other imaginable cause against any party countenanced by the Kings presence against his lawes must be altogether unlawfull ; if his demonstration be no clearer , then the ground where upon he builds it , I am sure , it will not be visible to any of his opposits : who are not like to be convinced of open rebellion by his naked assertion , upon which alone he layes this his mighty ground . Beleeve it , he had need to assay its releefe with some colour of ane argument ; for none of his owne friends will now take it of his hand for ane indemonstrable principle , since the King for a long time was willing to acknowledge the Parliaments jointe interest in the militia , yea to put the whole militia in their hands alone for a good number of yeares to come : so farre was his Majestie from the thoughts , that the Parliaments medling with a parte of the militia , in the time of evident dangers , should be so certainly and clearly the crime of rebellion . The Warners second demonstrative ground wee admit without question in the major , that where the matter is evidently unlawfull , the oath is not binding ; but the application of this in the minor is very false . All that hee brings to make it appeare to be true , is that the King is the supreame Legislator , that it is unlawfull for the subjects of England to change any thing established by Law , especially to the prejudice of the Praelats without their own consent , they being a third order of the Kingdom ; otherwise it would be a harder measure then the Friers and Abbots received from Henry the eight . Ans. May the Warner be pleased to consider how farre his dictats heere are from all reason , much more from evident demonstrations . That the burden of Bishops and ceremonies was become so heavy to all the three Kingdomes , that there was reason to endeavour their laying aside , he does not offer to dispute ; but all his complanit runnes against the manner of their removall : this ( say I ) was done in no other then the ordinary and high path-way , whereby all burdensome Lawes and customes use to be removed . Doth not the Houses of Parliament first begin with their ordinance before the Kings consent be sought to a Law ? is not an ordinance of the Lords and Commons a good warrant to change a former Law during the sitting of the Parliament ? The Lawes and customes of England permit not the King by his dissent to stoppe that change . I grant for the turning an ordinance to a standing Law , the Kings consent is required , but with what qualifications and exceptions wee need not heere to debate , since his Majesties consent to the present case of abolishing Bishops was obtained well neere as farre as was desired ; and what is yet lacking , wee are in a faire way to obtaine it : for the Kings Majestie long agoe did agree to the rooting out of Episcopacy in Scotland , he was willing also in England and Ireland to put them out of the Parliament , and all civil courts , and to divest them of all civil power , and to joyne with them Presbyteries for ordination and spirituall jurisdiction ; yea to abolish them totally name and thing , not only for three yeares but ever till he and his Parliament should agree upon some setled order for the Church . was not this Tantamont to a perpetuall abolition for all and every one in both houses having abjured Episcopacy by solemne oath and Covenant , the Parliament was in no hazard of agreing with the King to re-erect the fallen chaires of the Bishops : so there remained no other , but that either his Majestie should come over to their judgement , or by his not agreing with them , yet really to agree with them in the perpetuall abolition of Episcopacy , since the concession was for the laying Bishops aside ever , till hee and his houses had agreed upon a settled order for the Church . If this be not a full and formall enough consent to the ordinance of changing the former Lawes anent praelats , his Majestie , who now is , easily may and readily would supply all such defects : if some of the faction did not continually , for their own evill interests , whisper in his eares pernicious counsel , as our Warner in this place also doeth by frighting the King in conscience from any such consent , for this end he casts out a discourse , the sinshews whereof are in these three Episcopall maximes . First that the legislative power is sollie in the King , that is according to his Brethrens Cōmentary , that the Parliament is but the Kings great counsel of free choyce , without or against whose votes hee may make or unmake what Lawes he thinks expedient ; but for them to make any ordinance for changing without his consent of any thing that has been , or instituting any new thing , or for them to defend this their legall right and custome ( time out of mind ) against the armes of the Malignant party , no man may deny it to be plaine rebellion . II. That the King and Parliament both together cannot make a Law , to the praejudice of Bishops without their own consent , they being the third order of the Kingdome : for albeit it be sacriledge in the Lords and Commons , to clame any the smallest share of the legislative power , ( this i●… them were to pyck the chiefest jewel out of the Kings Crowne ) yet this must be the due priviledge of the Bishops , they must be the third order of the Kingdome , yea the first and most high of the three , far above the other two temporall States of Lords and Commons ; their share in the Legislative power must be so great , that neither King nor Parliament can passe any Law without their consent , so that according to their humble protestation , all the Lawes and acts , which have been made by King and Parliament , since they were expelled the house of Lords , are cleerly voide and null . That the King and Parliament in divesting Bishops of their temporall honour and estats , in abolishing their places in the Church , doe sin more against conscience then did Henry the eight and his Parliament , when they put down the Abbots and the Fryers . Wee must beleeve that Henry the eight his abolishing the order of Monks was one of the acts of his greatest Tyranny and greed : wee must not doubt , but according to Law and reason , Abbots and priours ought to have kept still their vote in Parliament , that the Monasteryes and Nunryes should have stood in their integrity , that the King and Parliament did wrong in casting them down , and that now they ought in conscience to be set up againe , yea that Henry the eight against all reason and conscience did renounce his due obedience to the Pope , the Patriarch of the West , the first Bishop of the universe , to whom the superinspection and government of the whole Catholick Church in all reason doth belong . Though all this be heere glaunced at by the Warner , and elsewhere hee prove it to be the declared mind of his Brethren , yet we must be pardoned not to accept them as undenyable principles of cleare demonstrations . The last ground of the Doctors demonstration is , that the covenant is ane oath to set up the Presbyterian government in England at it is in Scotland and that this is contrary ●…o the oath of Supremacy ; for the oath of Supremacy makes the King the only supreame head and governour of the Church of England , that is , the civil head to see that every man doe his duty in his calling ; also it gives the King a supreame power over all persons in all causes : but the Presbytery is a politicall papacie , acknowledging no governours but only the Presbyters : it gives the King power over all persons as subjects , but none at all in Ecclesiastick causes . Ans. Is there in all this reasoning any thing sound ? First what article of the covenant beares the setting up of the Presbyterian government in England as it is in Scotland ? II. If the oath of supremacy import no more then what the Warners expresse words are here , that the King is a civil head , to see every man doe his duty in his calling , let him be assured that no Presbyterian in Scotland was ever contrary to that supremacy . III. That the Presbytery is a papacy , and that a politicall one , the Warner knowes it ought not to be graunted upon his bare word . IV. That in Scotland no other governors are acknowledged then Presbyters , himselfe contradicts in the very nixt words , where he tells that the Scots Presbytery ascribes to the King a power over all persons as subjects . V. That any Presbyterian in Scotland makes it sacriledge to give the King any power at all in any Ecclesiastick cause ; it is a senselesse untruth . The Warners arguments are not more idle and weake , then his triumphing upon them is insolent : for he concludes from these wise and strong demonstrations , that the poor covenant is apparently deceitfull , unvalide , impious , rebellious , and what not ? yea that all the learned divines in Europe wil conclude it so , & that all the covenanters themselfes who have any ingenuity , must grant this much ; and that no knowing English man can deny it , but his owne conscience will give him the ly . Ans. If the Warner with any seriousnesse hath weighed this part of his owne write , and if his mind goe along with his pen , I may without great presumption pronounce his judgment to be none of the most solide . His following vapours being full of aire we let them evanish , only while he mentioneth our charging the King with intentions of changing the Religion and government , we answer , that we have been most willing alwayes to ascribe to the King good intentions but withall we have long avowed that the praelaticall party have gone beyond intentions to manifest by printed declarations and publick actions their former designe to bring Tiranny upon the States , and popery upon the Churches of all the three Kingdomes : and that this very write of the Warners makes it evident , that this same minde yet remaines within them without the least shew of repentance . So long as the conscience of the court is mannaged by men of such principles , it is not possible to free the hearts of the most understanding , from a great deale of Jealousy and feare to have Religion and lawes still overturned by that factione . But the Warner commands us , to speake to his Dilemma , whither we think it lawfull or unlawfull for subjects to take armes against their prince meerly for Religion . We answer , that the reasons whereby he thinks to conclude against us , on both sides are very poor , if we shall say , it is unlawfull ; then he makes us to condemne our selfes , because our covenant testifies to the world , that we have taken up armes meerly to alter Religion , and that we beare no alleadgance to our King but in order to Religion , which in plaine tearmes is to our owne humours and conceits . Ans. There be many untruthes here in few words , first how much reality and truth the Warner and some of his fellowes beleeves to be in that thing which they call Religion , their owne heart knowes ; but it can be no great charity in him to make the Religion of all covenanters to be nothing but their owne humours and conceits . Secondly it is not true that Covenanters beare no alleadgance to the King but only in order to religion . III. The Parliament of England denied that they took up armes against their King , though to defend themselves against the popish praelaticall and malignant faction , who were about to destroy them with armes . IV. They have declared , that their purpose was not at all , to alter Religion but to purge it from the corruptions of Bishops and ceremonies that to long had been noxious unto them . V. They have oft professed that their armes were taken for the defence of their just liberties , whereof the preservation and reformation of Religion was but one . The other horne of his Dilemma is as blunt in pushing as the former . If we make it lawfull ( saith he ) to take up armes for Religion , we then justify the independents and Anabaptists ; wee make way for any that will plant what ever they apprehend to be true Religion by force , and to cut the throat of all Magistrats , who are in a contrary opinion to them ; that it is a ridiculous partiality for any to priviledge their own Religion as truth and Gospell . Ans. Whether will these men goe at last , the strength of this reason is blak atheisme , that their is no realty of truth in any Religion , that no man may be permitted to take his Religion for any thing more but his owne apprehension , which without ridiculous folly he must not praeferre to any other mans apprehension of a contrary Religion : this is much worse then the pagane Scepticisme , which turned all reality of truth into a meer apprehension of truth , wherein their was no certainty at all : this not only turnes the most certaine truths , even these divine ones of Religion , into meer uncertaine conceptions ; but which is worse , it wil have the most orthodoxe beleever so to think , speake and act , as if the opinions of Independents , Anabaptists , Turks , Jews , Pagans or grosse Atheists were as good , true and solide as the beleefe of Moyses or Paul , were of the truths revealed to them from heaven . Secondly we say that subjects defence of their Religion and liberties established by Law , against the violent usurpation of Papists , Praelats or Malignants , is not the planting of Religion by arms ; much lesse is it the cutting of the throats of al Magistrats , who differ in any point of Religion . a III. In the judgement of the praelaticall party , the defensive armes of the Protestants in France , Holland , and Germany , must be al 's much condemned as the offensive armes of the Anabaptists in Munster , or of the sectaries this day in England . Can these men dreame that the World for their pleasure will so farre divest themselves of all Religion and reason , as to take from their hands so brutish and Atheisticall maximes . b He concluds with a wish of a generall counsel , at least of all protestant Churches for to condemne all broatchers of seditious principles . Ans. All true covenanters goe before him in that desire , being confident that he and his fellowes as they have declined al ready the most solemne assemblies of their owne countries , upon assurance of their condemnation ; so their tergiversation would be al 's great , if they were to answer to an oecumenick Synod . c What ( I pray ) would the Warner say in a counsel of protestants for the practise of his party pointed at in his last words ? I meane their purging the Pope of Antichristianisme , of purpose to make way for a reconciliation , yea for a returne to Rome , as this day it lyes under the wings of the Pope and Cardinals . d Also what could they answer in a Christian counsel unto this charge , which is the drift of this whole Book , that they are so farre from any remorse for all the blood and misery , which their wickednes ( most ) has brought on the former King and all his Kingdomes these eleven yeares , that rather then they had not as the Covenant and generall assembly in Scotland destroyed as an Idoll and Antichrist , they wil chuse yet still to imbroyle all in new calamities ? This King also and his whole Family , the remainder of the blood and Estats in all the three Kingdomes , must be hazarded for the sowing together of the torne mytres , and the reerecting of the fallen chayres of Praelats . If Bishops must lie still in their deserved ruines , they perseveer in their peremptory resolution , to have their burials sprinckled with the ashes of the royall Family and all the three Kingdomes . FINIS . ERRATA . GOod Reader , the Authors absence from the Presse the whole time of the impression , and the Printers unacquaintance with the English language , has occasioned not onely many mispunctations and literall faults , but also diverse grosser Errata such as the following which thou art intreated to mend with thy Pen : PAg. 4. lin . 23. for had read hath . pag. 9. lin . 8. for Provincionall read Provinciall . p. 11. l. 30. for whereby r. where . p. 15. l. 19. for pairt r. part . p. 20. l. 19 , for can r. doth . l. 30. for potestant r. Profestant . pag. 22. l. 19. for these r. the. p. 23. l. ult . for over r. or . for trusted r. trustee . p. 27. l. 4. for impatien , t r. impatient . l. 18. dele , and. p. 28. in marg . for commissarie r. commissaries . l. 14. for and r. or . l. 29. for chardge r. charge . p. 31. l. 1. for chardges r. charges . l. 25. for citation r. irritation . p. 32. l. 10. for praecipies r. praecipices . p. 35. in tit . of chap. 7. for paritie r. part . p. 36. l. 2. for scandals r. scandal . p. 37. l. 2. for benefiter . benesice . p. 38. l. 10. for nation r. souldier . l. 11. for their souls r. his soule . p. 48. c. 8. l. 4. dele Ans. p. 49. l. 18. for Warner r. Doctor . p. 51. l. 13. for the r. his . p. 52. l. 16. for treasure r. Bishop . p. 55. in tit . of chap. 9. for their r. the. p , 56. l. 31. for Christ r. Christ his . l. 32. for point blank to r. point blanck . contrare to . p. 59. l. 1. dele and. l. 1. for unpoureth r. vapoureth l. 17. for where r. heere . p. 65. l. 5. for continues r. continue . l. 6. for are r. is . p. 66. l. 3. for to r. so . l. 9. for warned . r. warmed . p. 67. l. 16. for in . r. to . p. 68. l. 5. for or . r. which . l. 16. for last . r. nixt . p. 70. l. 18. for lest . r. best . l. ult . for null the Church and r. the verie being of . p. 71. l. 1. for Reformed r. Reformed Churches . p. 73. l. 23. for charge r. chaire . p. 74. l. 6. for service r. service book . l. 28. dele , and. p. 75. l. 16. dele , and to the gift . p. 76. l. ult . for haths . r. hath . p. 78. l. 24. for doszen r. dozen . p. 82. l. 5. for inprints . r. imprints . p. 84. l. 9. for complanit r. complaint . p. 85. l. 7. for aside ever r. aside for ever . l. 16. for sinshews r. sinews . ΑΚΟΛΟΥΘΟΣ OR A SECOND FAIRE WARNING To take heed of the SCOTISH DISCIPLINE , In vindication of THE FIRST , ( Which the Rt. Reverend Father in God , THE Ld. BISHOP OF LONDON DERRIE Published A. 1649. ) Against a schismatical & seditious REVIEWER R. B. G. One of the bold Commissioners from the REBELLIOVS KIRKE IN SCOTLAND To His Sacred MAJESTIE K. CHARLES the SECOND when at the HAGE , BY RI. WATSON Chaplane to the Rt. honble . THE LORD HOPTON . HAGH , Printed by SAMUEL BROUN , English Bookeseller . 1651. To the R. Honorable . the LORD HOPTON Baron of Straton , &c. One of the Lords of His Majeties most honourable Privie Councel . Mr LORD : VPon discoverie of a late motion in some sheetes , I found my booke to have been hitherto but in a trance , which receiving as I thought , ( but knew not from whence ) a mortal wound before it appeared in the encounter , I gave over long since for downe right dead & buried in the presse . When it recovered spirits enough to crave my hand , I could not denie it so small a courtesie as to helpe it up . In that it lookes not so vivide and fresh complexioned as heretofore it might , it shares but in the ordinarie effects of such misse-fortune . If resuming what it was speaking a twelve-moneth since , be censured for impertinencie to these times , & ( it may be ) laughed at by some for prophesying of things past the possibilitie of their successe , the fault may be theirs that disordered the leaves when well suited , and the failing not mine , who undertoke not against all changes of mindes , or alterations of counsels , or preventions of causes running on then visiblie to the same issues I assign'd them in my conjecture . But these exceptions , My Lord , though they clip the fringe , neither unshape , nor shorten the garment I intended as the proper guise for Scotish Presbyteric to be seene in the very same with that wherein the Rt. Reverend Bishop of London Derrie had well clad her , soone afterward not onelic undecentlie discompos'd , but rent in pieces by the rudenesse of an angrie furie , one of those sixc evil spirits that haunted ( in the night of sorrow ) with both tempting and torrisying apparitions , His Royal MAjESTIE and your H. H. at the Hage . From whose praevailing violence no rescue could be offered but by repelling the tempest of his language , wherewith he thought to keepe all Antagonists at a distance , and by blowing in his face the fire & stinking sulphure of his breath . If your Lordship please to passe a litle through the smoke , and take no offense at the smell which in a neare approach will be found to be litle of my making , Truth & reason will be beter discerned in a readinesse to entertaine you , as some longer traine of Authoritic had likewise if Fathers & Councels in this pilgrimage of ours had been , to a just number , within my reach , and some later Writers at the pleasure of my call . The stand , or at least some impediment in the march , of these Bloudie Presbyters , which this forlorne hope will , in some likelihood cause for a time may by your Lordship , unpraejudic'd , be taken for an hapie augurie of the absolute defeate unquaestionablie to follow , if occasion require , by a greater strength , and that under the conduct of beter experience in these polemical affaires . In the interim though I humblic crave the honour and power of your patronage ( wherof from your integritie and constancie in Gods cause & the Kings , I praesume ) , I assume not the boldnesse to constitute your Lordship any partic in the libertie I take , beyond forward expressions , to declare what may be thought some singularitie in my sence . If any small Politician , whose conscience is squared by no religion at all but what plainlie lies in the image-worship of his temporal designes , will be ( which I must looke for to be ) quaestioning the prudence of my speaches , I thanke God he hath no priviledge to give judgement against the sinceritie of my thoughts . I can no longer conceale , My Lord , how much I am troubled to see our Churches diffusive charitie mistaken , the precious balme , which she ever liberallie poured into the wounds of her neighbours , cast by some of their hands like common oyle upon her domestike flames purposelie to consume her ; And the skirt , she often spread over their nakednesse , cut of , with an unhandsome intent to laugh at her shame , had she not an under garment of innocencie to praevent them . To behold , after so many yeares cantonizing our Religion amongst Protestant Congregations of different opinions , ( reconcil'd in nothing but , or nothing more then , in a negative to the Papist ) our selves , in the end , at a sad losse for protection ( or indeed free permission ) from any , now neceslitated to seeke it . This makes me so many times in this discourse turne her away from all new names and professions arising whether from protestations or Covenants , to the unconsoederate Catholike Christianitie among the Ancients where she is sure to have the safest sanctuarie of truth for her doctrine & practice , though she can expect no armed assistance from the dead to maintaine the distressed Members of her communion . If this must be interpreted a schismatical inclination , let me be left in my hold upon the hornes of this altar , while others rise from their knees to sit downe , out of good felloship , at the Tables ; and drinke of all waters they care not what , so draw'n from a cisterne of the Reformed , forsaking or vilifying , for the time , that clearer Chrystal fountaine of their owne . Whereas would they enter , as they are quaestionlesse obliged , an unanimous resolution to demand every where the publike exercise of their canonical devotion , they would either , upon the grant , reape more comfort in continuing the worship of their Fathers , or , upon unworthie denial , more reason to scruple at such a facile conjunction with them , who disclaiming their prayers can not be thought serious when they praetend an harmonie in that faith by which they are exhibited unto God. And ( to put your Lordship in minde of a late instance delivered on good credit ) who maligning our persons , & mocking at our calamities in their Scholes , are very unlikelie so to alter their mindes as to turne their Barbarous reproach into any brotherlie kisse or Christian welcome , when they step but the next doore into their Temples . I confesse , My good Lord , this Magisterial advice may beter become the mouth of some Elder Pastour , who is likelie to have more sheep wandring from his fold then he who can scarce properlie be said to have had any in his charge yet none such , I hope , hath reason to take amisse my modest endeavour , while he is otherwise imployed , to recover those I finde stragling within my call . It being upon due consideration to be feared , that after some few yeares ( if there must be yet more of our miserable dispersion ) with out an universal industrious circumspection of yong and old , as we have broken our pipes , we may throwe away our whistles , and fold up our time with our armes in a comfortlesse discourse about the flockes we once had which now alas are got into other pastures ; Invite strangers to fight for our Churches while our owne Congregations are instituted to forget the holinesse in the separation of such places , the sacred distance of the meanest from worke-or ware-houses , and the fairest from Piatz'as of pleasure or Exchanges for their bargaines . If what I speake , My Lord , be truth , I shall not hearken to them that may tell me it is misse placed , my conscience suggesting that the climate & season hath too often been heretofore neglected ; If false , I have a spunge as readie as ever I had a pinne to wipe out all but my shame , which shall be set forth , at your Lordships pleasure , in an English sheet , though it never will be brought unto the Scotish stoole to do its penance . In attendance on which sentence , if neither your Lordships approbation nor pardon must be expected , I stoup downe to acknowledge my selfe , aswell in submission to your censure as execution of your commands : MY LORD , Your Lordships Most humblie devoted servant RI : WATSON . D. Hieron . Praefat. in Lib. Esdr. Legant qui volunt ; qui nolunt , abjiciant . Horat. — quae nivali pascitur Algido Devota quercus inter & ilices ; Aut crescit Albanis in herbis Victimae , Pontisicum secures Cervice tinget — AN ANSWER TO THE EPISTLE DEDICATORIE HAd Mr. Baylie contein'd himselfe within the limits of an Epistle , I had there left him to canonize his Living Lord & all his familie , & with what dexteritic he pleas'd to rubb his honourable head piece into a good conceit of his Review . But since the great Diana in his booke , so gloriouslie bespangled with the counterfeit Alchymie of the late Scotish Storie , is lead hither to be magnified by any superstitious inadvertent reader , & his Lordships hand made use of onely to hold the candle , by the false light of his name & pretended vertues the better to commend Her Godesse-ship to publike view ; I can not passe by without looking in to see the sight , & spend my verdict upon the motions that attend it . And that His Lordship may not be mistaken to stand altogether for a shadow , I first cast my eye upon the potent Lord Iohn , & must plainly tell his admirer Mr. Baylie , he had better deserved the honour of this title , if he had imploy'd his power , as he was in dutie & by oath oblig'd , in the vindication of His Majestie , & His Royal Father , of ever blessed memorie , as he hath most dishonourablie & impotentlie against them both . Nor is it much for his credit in the head of this Epistle to be styled one of His Majesties Privie Councel , & in the heart of His Kingdome to be one of the publike conspiracie against him , of a Lord justice general to become a special Injusticiarie in his countrey . The Reviewers long experience of his sincere zeale , &c. argues him to be none of the late illuminates , & gives us some hopes the he hath proceeded upon the dictates of his conscience , though unhappilie erroneous : long habits though at first contracted by the perversenesse of the will , by perpetuitie becoming very essicacious in imposing fallacies upon the understanding , so that he which doth ill may hereby be aswell perswaded that what he doth is good , as he that often tells a lie hath at length himselfe believ'dit to be a truth . His rigid adhaerence to the praetended rights & priviledges of his Countrey being professed haereditarie , takes off some what from the personal imputation , yet with all demonstrates that it is not all bloud Royal which runnes in His Lordships veines , nor it may be all bloud Noble , having so ample testimonie from him , who had allwayes some dregs of the Common thoare in his inke & whose power is cankerd with envious invectives against them , that have not layd their honour in the vulgar dust , & levell'd Majestie as well as Nobilitie with the people . Whose Ghost will not thanke the Reviewer for calling him , Prince of Historians , being so litle enamourd with titles of that nature , that he accounted them , where they were more properlie due , a the filth of flaterie , & the plague of all legitimate praerogative . His exemplarie practice in publike-private duties is indeed some what singular , my selse having seen him very zcalouslic penning downe such slender ( to omit what I might call in the Reviewers language praeter b & anti-scripturall divinitie , as was not fitting for any Novice or Catechumen in Religion to owne , much lesse for so grave a Theologue to preach , & so well exerciz'd an adultist to register for his use . I commend beter the exemplarie practice of the Reviewers brother Presbyter , who seem'd to take a sound nap in the meane time , hoping , it may be , to be better inspired in his dreame . This c potent Lord , thus qualified & brought up to his hand , I can not blame Mr. Baylie for chusing him to be his patron , ( who discernes with his eyes & decernes by his dictates ) who being judge & partie , both will quaestionlesse doe right like a Lord Justice in the businesse . The d praejudice the Reviewer would here at first cast upon the person of the Bishop will advance his owne reputation but a litle in high way Rhetorike , not advantage him one whit with any of those judicious & aequitable comparers he expects ; who being able to instruct themselves , upon these many late yeares experience , that what Mr. Baylie calls that Church & Kingdome is onely a praevalent partie of Schismatikes & Rebells , what adhaerence to the sacred truth of God an obstinate perseverance in an execrable covenant , which hath tied up the hands of many a poor subject from the enjoyment of all the just liberties the established lawes of Scotland hold out to him ; will looke upon the Bishop as a couragious affertour of Gods truth , the Churches puritie , the Kings supremacie , the subjects libertie , & if for that condemned by an unanimous faction in both Kingdomes , will commend his zeale , reverence his name , and ranke him with the prime Fathers of the Church , who so soon endeavoured to stop that deluge of miserie wherewith Britanie & Ireland have been most unhapilie overwhelmed . For the dirtie language he useth here & otherwhere extreme sawcie spirit , stigmatiz'd incendiarie , &c. I desire the Reader to take notice I shall sweep it out of his & my way , yet if he thinkes it may serve his turne , as well as the garlike heads did Cario & his master in the Comoedie , the Printers boy shall throw it by itselfe at the backe side of my replie in a piece of white paper , that he may not sowle his fingers . What the Reviewer calls Boldnesse was prudence & seasonable caution in the Bishop to praesent his booke to the eminent personages & in this place , observing the indesatigable industrie of Mr. Baylie & his brethren of the mission , very frequentlie in their persons , perpetuallie by many subtile & active instruments they imploy'd before & after their coming hither , insinuating into the hearts & affections of all people here , of what sexe or condition soever , in Courts , Townes , Vniversities , Countrey , praepossessing them with the Justice of their cause , the innocencie of their proceedings , the moderation of their demands , the conformitie of their practice & designe to the praesent discipline & Government of the Church & presbyterie in these Provinces . And great pitie it is that all people , nations & languages have it not translated into their owne dialect , that a discoverie of this grand imposture may be made to them who are so insolentlie summon'd to fall downe & worship this wooden idol of the discipline , & threatned the aeternal fierie furnace if they refuse it . In the next Paragraph the Reviewer drawes Cerberus like his threeheaded monster out of hell , a Discipline , Covenant , & unkindne's to our late soveraigne . — [ b Novos Resumit animos victus , & vastas furens Quassat catenas . ] — His c Apologie for the first , being the conformitie I mentioned principally with the Brethren of Holland & France , whom he would very faine flater into his partie , & make the Bishop whether he will or no fall foule upon them , whom His Lordship hath scarce mentioned in all his tract : And I having no reason not desire to enlarge the breach shall say no more then this , ( because some what he will have sayd ) That if their discipline harmoniouslie be the same particularlie in those extravagancies His Lordship mentions , ( which to my knowledge they denie ) & for alleging which , they are litle beholding to Mr. Baylie , they are all alike concerned , yet having as learned Apologists of their owne , when they finde themselves agriev'd , will in their owne case very likely speake their pleasure . d In the interim I must require his instance where any Reformed Church hath declared regular Episcopacie which we call Apostolical , Antichristian . What particular persons of Mr. Baylies temper may have publish'd must not passe for an Ecclesiastical decrce . And if all , even in those Churches he mentions , might freelie speake their minde , I believe that order would have their Christian approbation as it is in any reformed Countreys established . e some such relation was made not long since about certain Divines of the Religion in France , & some that came from other parts to the Synod of Dust. And I can acquaint the Reviewer with the like piece of charitie bestowed by P. Melin in the letters , that passed from him to Bishop Andrewes , beside what Mr. Chillingworth ( as I take it ) hath collected out of him & Beza in favour both of name & thing , though not to the same latitude we extend them . And ( which will not be alltogether impertinent to adde ) I doe not remember I have heard that Causabon & Vossius , no obscure men in the French & Dutch Churches , were at any time by their presbyterie excommunicate for becoming limbes of the English Antichrist , Praebendaries of the Archiepiscopall Church of Canterburie with us . But if the Reviewer here begin to cant , & distinguish between Episcopacie & Episcopal declinations , ( for that indeed is the expression that he useth ) I must ingenuouslie acknowledge that there may be some practicall declinations in Episcopacie which may be Antiapostolical & Antichristian , beside & against the line of the Word , the institution of Christ & his Apostles ; but I know none such in the Churches of England , Scotland , or Ireland , if there have been any they are not our rule , & by his owne then must not be stated to be the controversie between us . The Presbyterian aberrations which the Bishop hath observed , are for the most part taken from the crookenesse of the Discipline it selfe , which in the very Acts of their Assemblies , he findes not so straight as to run parallel with the word of God , or practice of the true Catholike Church , & whether what His Lordship cites to that purpose be calumnious imputations or no will best appeare in the procedure of our discourse . But the Reviewer takes it ill that Didoclave , Gerson , Bucer , Salmasius & Blondel were not rather replied to , then the mysteries of the Kirke Discipline revealed . This poor tricke of diversion will not take . If what hath been writ in the behalfe of Episcopacie stand firme notwithstanding these or any other stormes that passe over , it requires no such frequent reparations . The holie cause indeed will shortlie need such auxiliaries as these . He doth well therefore to call for them in time . a And yet it may be the imcomparable knight will not be charm'd by a litle mercenarie breath into the reare of a distressed beggarlie engagement . He hath been since better informed of many fraudulent practices in the Kirke , & so well satisfied about the state of our affaires , that Mr. Baylie is litle pleased ( for all his sugar candi'd commendations ) with the earnest he hath allreadie given to imploy his pen & paines about a better subject for the future . And 't is a mere fiction , what he so confidentlie averres , of b Sr. Claud Somayi's offering to dispute with the Divines by a Person of honour about the King , a person of reverence , then not farre from him having told me that His Majestie knowes not any thing of the buisinesse , nor did the Divines about him heare of any thing to that purpose . Therfore let his person of honour come out from behind the curtaine , & vouch his credit to be such as quolibet contradicente we must believe him : when he appeares in his colours & makes good any such offer as is mention'd , I presume I may say that no apprehensions of trouble & hazard will deterre such judicious and learned Champions from entring upon any just & reasonable vindication of truth . In the meane time they doe but the dutie of their places in their Royal attendance ( which the Reviewer calls the Court artifice & their trade ) if they watch the seasons & distribute the houres of the Kings opportunities , wherein privatelie ( to avoyd the importune intervention of other civile businesse , not to decline I know not what contradiction , which they are not in that case reasonablie to expect from their modest fellow servants of the laitie , & I hope there are no Clerical Disciplinarians there about ) to instill into His Majesties tender mind how unsafe it is for his soul , & how litle for his honour , to desert the Holie Church , that is the Episcopal doctrine & government which came into the world with Christianitie it selfe , hath for 1500 yeares enjoy'd a joint haereditarie succession , & aequi-universall diffusion with the same , to joyne with a crew in a Northerne corner of rebellious Covenanters , if yow will have it so , for ought hitherto can be judg'd enemies to God , to his Father , & to Monarchie it selfe , if he will take it upon his Father or Grandfathers word . To put him sarther in mind that his Martyr'd Father sayd , There are wayes enough to repair the breaches of the state without the ruine of the Church , ( it is the Episcopal Church that he meanes ) To instruct him that he may as conscientiouslie pardon the Irish as the a Scots , & reward with a limited libertie of their Religion ; & what other gracious encouragements he pleaseth , the first fruits of their voluntarie submission to his government , without imposing the slaveric of any covenant , or conditioning for a toleration in his other Kingdomes . And this to be ( as it is ) in reference to a Parliament to be conven'd so soon as the state of that Kingdome will admit . To assure him that this is very consistent with conscience , honour , b & all Good reason , & for ought they know , repugnant to no law , yea , to linke the soul of the most sweet & ingenuous of Princes ( too sweet , too ingenuous indeed to have to deale with the rough-hev'd Covenanters of the mission ) with those c Golden chaines let downe from heaven , & reached out by the hand of a tender hearted father to his sonne , in those peerlesse Counsels which the most prudent advice in the last Testaments of all his praedecessours can not parallel . To tell him then , That his necke d is like the tower of David , builded for an armourie , whereon there hang a thousand bucklers , all shields of mightie men . The Bishops e unl●…ckie foot , as he calls it , is visible onely in Mr. Baylie's margin , As close as he & others follow upon the sent , not the least tracke in e'ikôn Basilikè will in the end be found by them , nor by the whole packe of bloud-hounds other where . But to be sure here as well as in 100 Pamphlets beside is the foule Scotish Presbyterian paw , which besmear'd His Royal Majestie while he liv'd , & would now spoyle that pretious oyntment , & cast as ill a savour as it can upon his sacred memorie being dead . Not the Bishops , f but God , it may be sometime by their subordinate Ministrie , strengthened our Royal Soveraigne to his last , in that which the lampe of natural reason , the leading starre of Catholike Antiquitie , the bright sun in the firmament of the Word & above all , that inexpressible light streaming from the spirit of God revealed to him to be the safe sanctuarie of truth . Not the Bishops , but the a Presbyterian Scots hardened their hearts to thrust their native King out of their protection , & with out any compassion did drive him from Newcastle to b Holmebie , which appeares to be the fatal praecipice where he fell . And these same men continue after his c death to crie loud in the cares of his sonne to take that direct path to his ruine , rather then root or branch , or slip shall be left of the Praelatical Clergie , whom they would faine have lie like dung upon the face of the earth , & make a fat soile to pamper the Presbyterian in his lusts . Their d gathering together His Majesties papers , ( if they must needs have the honour of causing them to be presented in a booke , with out a page or syllable of their owne ) was but binding up that bundle of myrrhe which should lie all night in the Virgin breast of his Royal sonne , who maugre all the malice of his enemies , hath that beloved for his comfort . That fall e of ungracious dew , as the Reviewer Diabolically calls it , came from an higher region then the Bishops . It was the judgement of God given to the King , & by him his righteousnesse to the Kings sonne . It is he that here comes downe like raine into this fleece of wool , this most soft , sweet , & ingenuous of Princes , & in gentle drops waters that pretious piece of red earth by his praecepts . And may this dew so prosper with him , that the f following words may have their accomplishment in his reigne . In his time may the righteous flourish , & abundance of peace then & afterward , even so long as the Moon endureth . May his dominion be ( as it ought ) from the one sea to the other , & from the floud to the end of that alter orbis , that litle world of his Kingdomes divided by the floud from the greater . May they that dwell in the Wildernesse of errour contest no longer , but kneel before him & his enemies licke the dust of his feet . But by the way 't is worth g the readers observing , & however causelesslic praejudiced , may invite him to be conversant in that most excellent booke , which in the midst of that gall that drops from his pen , whose heart & hand were bent to blot it out of the opinion of men , hath by the providence of God such a Chrystal streame of commendation to the world , for Elo●…ution , Reason , Devotion , for Imitable essayes of piety , wisdome , patience , & every vertue confessed ; And he that will not be swayed with one word without reason , hath his Majesties sense from the mouth of his enemie , about the danger of the Covenant & the faction that stands for it , And may take it for the timous burning of a dying martyr , & have a care that among too many serpents & so few doves , his innocencie be not swallowed with the rest . What followes may be worth His Majesties notice , h being the assertion of no other man then Mr. Baylie , not long since a pretended commissioner for the Covenant . That the same hand that penned the 27 th . Chapter in the booke entituled Eikôn Basilike , ( which he calls Episcopal , but His Majestie knowes very well to be Regal ) did it on purpose to separate him for ever from all his covenant subjects . And how a neare that came to the heart , language , & writings of our late Soveraigne , let them who were best acquainted with his cariage & most intime affections at Newcastie & in the Isle of Wight speake their conscience . For the two former we have more authentike eare testimonies then the Reviewer , & the last is demonstrative out of all the papers that passed from him . To lay aside for the time those against which Mr. Baylie is , more maliciouslie , then ignorantlie , praejudic'd . His severall b printed letters to Mr. Henderson speake his sense about Presbyterie at Newcastle , & some what more at large may in due time , what he thought of it at the Isle of Wight . These , with other undeniable evidences , may render the Reviewer a mere Sceptike , if not rather a knight of the post unto the world . How it concernes Kings when they take in hand Pallas target to have the face of c Episcopacie on the bosse , King Iames that had most of her wisdome , could best tell . The experience whereof being too deare bought by his Martyr-sonne , & commended in his Testament to our Soveraigne , the Praelates need not take up the old statuaries cunning to contrive it . To be sure d this both Perseus , or Presbyter , here paints a Gorgons head , on every page of his booke , & twists every line with a serpent , hoping to make stones & stockes of his readers , who must submit to his authoritie in silence , & stand fixt in what antike postures he assignes them . What ever some may doe out of ignorance & weaknesse , we hope the providence of God will keep the King out of the Scotish Presbyters hands , & the breath of his mouth blow all such flies & lice out of his quarters . And thus much shall serve by way of answer or paraphrase upon what the Reviewer hath brought in apologie for the Discipline of the Kirke . In the next place he becomes a nimble e advocate for the idol worship of the Covenant . Where I am glad to finde him acknowledging any such thing as reason fram'd by the Vniversitie of Oxford against it , having , not long since , heard this consident averre , ( without a blush as I take it ) in his chamber-conventicle at the Hague ( where not any one that was present but knew what he sayd to be most notoriouslie false , except a poore ' sillie creature or two that might be decoy'd in upon designe ) That not any thing hitherto had been objected against the Covenant , whereas he could not be ignorant then , more then now , that this , with many other learned & rational tracts , had been long since published against it , & for ought I know must stand unanswered to this day . Which affected falsitie so amused me & others at that time , that had not some prudential motives restrain'd us , we must have offered him some affront in the place . And at this it so praejudiceth me against his credit , as I beleeve not a line in his booke for which he brings me no beter authoritie then his word . What he spake then he hath much adoe to refraine from printing now , onely mollisies f it with his canting about the mater . To this day , he sayth , no man hath shewed any errour in tbe matter of the Covenant . I am sure not any clause in its literal or mystical sense hath escap'd the discussion of those acute Antagonists it hath found : & what this chymical matter should be , that is of so subtile an extraction , I can not guesse . For the forming & taking it he praetends a necessitie their adversaries imposed which necessitie was nothing else but their owne just jealousies & feares that an uncertaine multitude , the necessarie instruments , & indeed sole slaves to doe the worke , could not be kept constant to the cause with out the awfull superstition of an oath . Which false fire is pursued with a thunderclap from the pulpit , whence damnation's daylie threatned to the infringers . And being thus driven into an airie castle which these engineers have fortified by the Mathematical subtiltie of their words , he sayth , neither fraud nor force shall reduce them , for they feare forsooth the oath of God. Which God is no other then that Baal Berith , that Jupiter Foederatus , to whom the Israelites made a shamefull desection after Gidcons death , Judg. 8. 33. ' Ethekan e'autoîs tòn Báal diathéken , so the septuagint renders it . They set up to themselves Baal the Covenant that is the false God or Devil of the Covenant . And yet this Mirio puts it to the quaestion , & seemes to wonder Why any that love the King should hate the Covenant , the whole designe & practice of which hath been so apparentlie destructive to his Royal Father & all the loyal subjects that he hath . Nay with all it is too well known , how many true a lovers of the King , but too deceitfull lovers of themselves , who , through feare or covetousnesse , hoping to praeserve their estates & liberties , have been consin'd into this courteous Covenant , & then by their jealous or wanton masters , have been stript naked , turnd out to beg their bread , & regaine their souls & credit as they could . So that this straight tie can in some cases we see play fast & loose , & the strictnesse of it , whereof we have had so sad an experiment , will be found onelie by the hands of the holie leaguers ( for such we know were the newnam'd Independents at first ) to bind Religion , Majestie , & Loyaltie to the blocke , & then lay the axe to the root of them all , & stifle them from repullulating if they can . Therefore they that manage the conscience whether of Court , or Citie , or Countrey , doe well if they possesse their Religious votaries with a particular full sense of the inevitable miserie that will follow them if they be catchd in this noose & advise them to whip all such sawcie beggars , such Whying Covenanters from their gates . The next taske of the Reuiewers Engineer-ship is to draw an out worke about the open b unkindnesse ( treason pretilie qualisied in the terme ) against the ( observe he sayth not our ) late King , which he makes of so large a compasse , that all the Presbyterian credit he can raise will never be able to maintaine it for an houre : which this skillfull officer foreseeing , despaire puts him first upon a salie , where the Ghosts of Wicklisfe , & Husse , & Luther , & with a brazen piece of falshood , his Disciples are draw'n out to assault his dangerous enemie in his trench . For ( which he knowes c as well as I can tell him ) there are other parts of the Reformed world beside England , & those of Luthers Disciples , that keep up Episcopacie d to this day . And forgetting in part what he hath sayd allreadie & minding lesse , what he shall babble otherwhere about the businesse , he tells us here 't is the violence of ill advised Princes , which when he pleaseth , he makes the Policie of the Bishops themselves that hath kept up this limbe of Antichrist , he meanes the Episcopal order in England . Since the first Reformation whence hath come the perpetual trouble in our land the Historie of the Schismatical Puritan●… will sufficientlie satisfie any man that will search . And how the Church & Kingdome are now at last come so neare the ground the Disciplinarian practices will evidence . But the Scotish Presbyterie that gave the first kicke at the miter , & hath since lift up the other leg against the Crowne , may chance to catch the fall in the end , having now much adoe to light upon its feet . Having a made his retreat he begins to endeavour the maintaining of his masterpiece by degrees , & tell us , Their first contests stand justified this day by King & Parliament in both Kingdomes Ans : And must so stand , I say not jufied , till King & Parliament meet once againe in either to consider , whether with out a new ratification by their favour , your after contests make not a just forfeiture of their gracious condescension to your first . His Majestie of ever blessed memorie hath told you His charitie & Act of Pacification sorbids him to reflect on b former passages . Which argues some such passages to have been as were not very meritorious of his favour . And though his Royal charitie may silence , it doth not justisie your contests by that Act. The borders of Scotland being as well His Majestics as yours ( though you keep to your Presbyterian c style , which affords no proprietie to others then themselves , & yeilds very litle communitie to Kings , the King , our borders ) I hope it was free for him to move toward them as he pleas'd . If your resistance to the Magistrates he deputed made him for the securitie of his person come attended with an armie for his guard ; or if the rod & axe could inflict no paenal justice by vertue of the judge's word upon a banded companie of miscreants at home , & therefore sent abroad to crave the regular assistance of the sword ; no lawes of God nor your Countrey dictates any just or necessarie defense , which is nothing but an unjustifiable rebellion : Nor can Dunce law d so justifie your meeke lying downe in your armes , but that , if the King would have made his passage to you with his sword , you might have justlie been by a more learned law helpt up with a halter about your necke . The novations in e Religion were not such a world , but that two words , Liturgie & Canons may compasse it . What was in them contrarie to the lawes of God hath a blanke margin still that requires your proofe , & that any were to the lawes of your Countrey will never be made good , having the King & Lords of the Counsel , I meane those of your Kingdome that did approve them . The power in f your armie to dissipate the Kings is but a litle of Pyrgopolynices breath . The easie conditions given you to retreat may be attributed to His Majesties mercie & aversenesse from bloud , not to his apprehension of your power . The Kings second coming toward you with an armie a was upon no furious motion of the Bishops , who had no stroke in his Councel for warre , but upon the fierie trial you put him to by that many flagrant provocations , wherewith you & other incendiaries nearer home daylie environ'd him , who fearing the precedent accommodation by peace might afford respite for a farther more particular discoverie of the principal actours in & contributers toward the late warre , & expose many considerable brethren to a legal trial , notwithstanding the agreement contracted ; impatient ambition having allreadie been too much impeded by observing the easie conditions you mention made the first breach , & according to the right account first rais'd a militarie power , which His Majestie had very good reason to suppresse . The successe you had by your first impression upon part of His Majesties Armie at New-bourne , & your easie purchace of the Towne of New-Castle was not such as cleard the passage to London , b without the farther hazard of which you were too well payd for your stay in Northumberland , & instead of a rod that was due , you caried too honourable a badge at your backes of His Majesties meekncsse , when the second time you returned in peace . What passed after your packing away c to the raising of the new armie you speake of you may reade & blush , if you have any grace , in the former part of His martyr'd Majesties booke , if you have none , you may , as I beleeve you doe , laugh in your slovenlie slecve to see your prompt scholars come to so good perfection , & copie your owne rebellion to the life . The Bishops then were litle at leisure to looke abroad to any such purpose , being happie if they could get an house for their shelter from the threats & stones that flew very thicke about their cares , the rabble rout at London by that time being well inform'd what effectual weapons stones & stooles , & such like as surie on a sodaine could furnish , had been against blacke gownes & white sleeves at Edenburgh before . That any armie could at that time be raised , when the Kings d Forts , Magazines , Militia , Navie , were seizd into the hands of your Rebell brethren , was a special marke of divine providence cleare in so happie successe , as he that ran might then have read their ruine writ by the fingar of God had not the blacke cloud of our sinnes eclips'd that light , blotted out that handwriting , & shour'd downe vengeance upon our heads . That such earnest & pitifull entreatics e should be made to strengthen the arme of flesh , by Gods people , in Gods cause , after such divine revelation that this was the appointed time wherein Christs Kingdome was to be exalted on earth , that the Saints should flourish , laugh , & sing at the downefull of that man of sinne , &c. Is a note me thinkes that spoyles all the harmonie of the rest . That upon such earnest entreaties the Scots f were oblig'd to come in is not to be found among all those easie conditions made & their double former returning in peace . Their feare of a third a warre to passe over their brethrens carkasses to themselves is a strong argument of their guilt , that their advise & some other assistance had passed over the late agreement made between His Majestie & them to promote that horrid rebellion against him . That so many intercessions b with the King for a moderate & reasonable accommodation had been used by them , was a relique of Poperie they kept notwithstanding the roformation they had made , & they did truely supercrogate in that worke , no law of the three Kingdomes ( I take it ) making them umpires between the King & his subjects , nor is i●… yet revel'd to the world what divine authoritie they had ( as was pretended in their Remonstrance ) to come in the name of our Lord & Master c Iesus Christ , to warne the King that the guilt which cleav'd so fast to his throne & soul was such , as if not timelie repented would involve him & his postcritie under the wrath of the everliving God. For how moderate , how reasonable d accommodation they mediated appeares in the 19 propositions , to the substance of every one of which their unreasonable brethren adhaered to the end . That they were at any e time slighted & rejected is a mere calumnie of the Reviewer ' , he would have told us when , & where , if he could . That al they ask'd was not granted , f was upon unanswerable reasons , which His Majestie render'd in his publike Declarations about the Treaties , &c. That they & their fainting g brethren were so easilie perswaded to enter into a Covenant together is no great mervaile , His Majestie tells them . Solemne leagues & Covenants… are the common road used in all factions & powerfull perturbations of state or Church… by such as ayme to subdue all to their owne will & power , under the disguizes of holic combinations . The expresse articles in the Covenant , for the praeservation of Royaltie , &c. are spun so fine , & woven so thin , as that white vaile can not hide the face of that blacke rebellious divel that is under it . Whereof they being conscious that had been very well acquainted with the mysterie , no lesse then an whole h armie together , conduct us to the perfect beholding the sweet countenance of this late Baal Berith as he lies . We crave ( say they ) leave to beleeve that an accommodation with the King , in the way & termes you are upon , or any as all , as the case now stands , that shall implie his restitution ; or shall not provide for his subjection to trial & judgement , would first not be just before God or man , but many wayes evill . Secondlie , would not be safe . 1. The Covenant engaging to the maters of religion , & publike interests primarilie & absolutelie ( marke that ) with out any limitation , & after that to the preservation of the Kings person & authoritie , but with this restriction , ( marke this too ) viz. In the preservation of the true religion & liberties of the Kingdomes . In this case , though a Cavallier might make it a question , yet who will not rationallie resolve it , That the preceding maters of religion & the publike interest , are to be understood as the principal & supreme maters engaged for , & that of the Kings person & authoritie as inferiour & subordinate to the other . 2. That where persons joyning to make a mutuall covenant , if the absent parties shall oppose it & the maters contein'd in it , surelie that person excludes himselfe from any claime to any benefit therefrom while he continues so refusing & opposing . So that you see notwithstanding the expresse articles for the preservation of Royaltie . His Majestie may be brought to his trial , & all his posteritie too , when the holie brethren can catch them , be murder'd at their owne gates according to the expresse sense of severall articles in the Covenant for maintenance of religion , & libertie . And what unkindnesse was here in the Scots to their King ? Besides , whosoever will take the paines to compare the particulars in the Scotish Remonstrance which they brought in their hands when they came in upon the Covenant , with those in the accursed Court proceeding against His late Royal Majestie may be able to doe Dorislaw , Steel , Cooke , &c. some litle courtesie in their credit & pleade for them that they drew not up , but onelie transscribed a charge brought long since from Edenburgh to London . And yet what unkindnesse was here in the Scots to their King ? There is yet one thing more whereof upon this mention of Remonstrance & Covenant I can not but advertize my reader having but lightlie touch'd upon it before . That whereas the Scots in their Covenant confesse before God & the world many sinnes whereof they were guiltie , & for which they desire to be humbled . Viz. That they had not as they ought valued the in aestimable benefit of the Gospell . That they had not laboured for the puritie & power thereof ; That they had not endeavoured to receive Christ in their hearts ( marke that ) nor to walke worthie of him in ' their lives ; These men tell the King in their remonstrance , That they come in the name of their Lord & Master Iesus Christ , to warne him about the guilt of I know not what sinnes they there heape together upon his soul. A very likelie storie to beleeve , That Christ had sent them into England with this covenanting paper in their hands ; who had shut him out of doores very latelie , & would not receive him into their hearts . Notwithstanding all the pretended glorious successe , obteined more by the name then exploits of the Scotish armie , the opposite partie was not so fullie subdued , but that the multitude of garrisons , ( beside Newarke which might have cost them deare ) surrender'd after His Majesties leaving Oxford make a great flame in the Burning bush which your zealous friend Iohn Vicars hath kindled . You will hardlie perswade any your judicious comparers of this your preface with the many treacherous practices you had used , that His Majestie in the greatest necessitie would not have chosen rather to have cast himselfe into the mercilesse yet more mercisull armes of the sea , then without the strongest deliberate engagement into the perfidious & more fluctuating armie of the Scots . Nor yet had all your underhand oathes & promises prevaild for the unhappie credulitie of a most pious & prudent King , if some better credit in all likelihood , had not interposed it selfe , which it may be was more deceiv'd then it deceived . Therefore your storie about London , Lin , Holland & France is a greater circuit then his Majestie toke in his designed journey to Newarke . The promise of satisfaction that caried him thence to New-Castle might have long before been his conduct to London if Religion & Reason might have been permitted to goe along which him . That he gave not what you expected , that is to say his Royal soul to the Divel , his old oathes might very well hinder him , for I pray tell me why a King as well as a Rebell may not feare the oath of God. It is not unlikelie that the prime leaders of the English armie were at that time wearie of your companie , who fill'd the best of their quarters , & did least of your service , Nor that you were out of heart as wel as reputation by the signal victories to a mitacle all most obteined against you , by , not your companion good Sir James Grahame , but the Thrice renowned Marquesse Montrosse , whose proceeding had been most successefull & happie , & may they still be for His Majesties affaires . If there were such divisions in Scotland , what could better compose thém then the personal presence of the King ? but this was not according to the Kingdomes libertie meant in the third article of the covenant , In the preservation of which , that is , so farre as you thought fit to make consistent with which , & in the defense of what they call the true Religion , which you tooke for granted he never intended to complie with , you had fworne to defend the Kings Majesties person , & that is one of the forenam'd expresse articles to that purpose . The hazard of a warre weighed heavier in the balance of your counsels then the hazard of his Royal person in the hands of his irrecoucileable enemies , forgeting that the ●…orke of righteousnesse in performance of your promises would have been a more lasting peace , & the effect of that righteousnesse , quietnesse & assurance for ever . The sectarian Armie which you scarce durst have call'd so at that time , had otherworke then to goe into Scotland but that your hollow-hearted professions to the King , who was in no very indifferent case to make sure conditions of advantage to himselfe , made him order the surrender of his garrisons into their hands . So you sav'd His Majestie from the racke to bring him to the scaffold , And you with your Brother-Presbyters escap'd the like torture then , but if you goe on to stretch your conscience till it cracke , we shall see as well the punishment as the guilt of that murder glowing at your heart . After two such accidental confessions wherein your Armie demonstrativelie shew'd themselves either false foolishlie credulous or cowards at best you reckon up several conveniences of His Majesties being in one of his houses neare London , when it had been ever before pretended to the poor deluded people that he was to be brought to his Parliament in London . And this you did upon the fayth of that Parliament , which you say kept up a sectarian Armie against you . A very good argument to prevaile with you for their credit . Upon such termes as should be satisfactorie to the King , particularlie mentioned in the paper deliverd to the King by the Committe of Estates upon the 15 of May 1646. & noted in that of Iune 8. to the speaker of the House of Peers , subscribed By his affectionate friends & humble servants , Lauderdail , Iohnston , Henrie Kennedie ( your owne potent good Lord , &c. ) That if His Majestie should delay to goe about the readiest wayes , & meanes to satisfie both his Kingdomes , they would be necessitated for their owne exoneration to acquaint the Committee of both Kingdomes at London that a course might be taken by joint advice of both Kingdomes , for attempting the just ends expressed in the solemne league & Covenant By which His Majestie was to bring satisfaction to them & you , not ( as you say ) to receive termes satisfactorie to himselfe . Wherein because he made not what hast was required , you exonerated your selfe of all the malice you had unto his person & made an end of his dayes , which was just the end you aim'd at in the Covenant . This being the true case , you aske , Whether it were any injustice ? Yes , to imprison his person by confining him to an house , & to weaken his power by robbing him of his garrisons , Whether any unkindnesse ? Yes , to give up your native King , who you confesse cast himselfe on your protection , to them who were so far from affording him any of his palaces neare London , that it was death for any man to harbour him in his house . What imprudence it was , let the best politician of you all speake , because ablest to judge ; Or the worst , who by this time can evidence , how besotted you were to your utter disrepute & destruction ; What advantage at that time you had to lay the fairest colour upon the foulest fact that ever you committed & win the world , by an after-game , into an high opinion of your trust ; What , to gaine the length of your line in the libertie of Religion or lawes ; And , as for wealth & honour , you might , upon such a merit , in all likelihood , have had , what the vastest ambitious Helluo could aske , or three luxuriant Kingdomes could yeild you . Whereas now you have ript up your false hearts , & throw'n your guilt in the face of the sun ; so that the sound of your rebellion is gone into all lands , & your treacherie travailes in a poverbe even to the ends of the earth ; Your Religion hath many times since struggled for life , which the mercie , or temporizing subtilitie of your sectarian enemie hath preserv'd , & your lawes have taken their libertie from his sword ; He deteines at this time the wages of your wickednesse in his house , & your honour not long since kissed his foot , & by fower Commissioners humblie waited on him to his doores . But you come to a closer question , Whether the deliverie of the Kings person were a selling of him to his enemies ? Ans : It may be such for all that you say against it . Your Masters are not allwayes wont to pay your arreares upon single service , I hinted even now that your miscariages of late have cut you off a good sume that is behind , which by Ordinance of Parliament is to be disposed otherwayes . Let the capitulation have been in reference to what it will , & the Act of what you call the English Parliament exclude the disposal of the King ; we know that was the subject of many papers that pass'd between you , which were penned with so much collusion & cunning , that any broker might see a bargaine was driving between craftie merchants , till , having clapt hands , the one brought his rich commoditie to Holmebie , & the other pay'd his money at New-Castle . The unexpected evil ( for I must alter the number & admit of none but the murder of the King ) that followed , which no mortal eye could foresce any mortal heart might fore scare , & the well affected brethren have prevented , if they pleas'd . The Armies rebellion is very nonsignificant language from your pen , unlesse figurativelie expressing the vengeance of God upon that rebellious citie , which with her golden cup had made the Land drunke , & the Nations mad with the abundance of her wine . What you call destroying the Parliament was but the plucking up & throwing out of the way that rotten root , the stocke & fairest branches whereof had been cut downe by the keen axe of a violent vote long before . How readie these Scots ( which the Reviewer must vindicate ) were to the utmost of their power to have prevented the mischiefe in the murder of the King , & what hazard they ran of what was dearest to them appeares by their hast to come in to Duke Hamiltons partie , & the large contributions they gave toward the raising an armie to that purpose . To make good the proverbe . Murder will out , the next words implie the Reviewers confession . The hard measure they had often receiv'd from the King stucke then in their stomakes , & would not out till now , with their malice impostumated in his bloud . That they did not in time , & unanimouslie stirre to purpose for that end , they are indeed to answer it to God , who were the true authours thereof . And who they were let the Scotish pulpits ( I meane not their Presbyters ) speake out . The innocencie of the Church is not cleard in the following treatise to be so much as Pilates , they can not wash their hands in it , nor their mouth . They made the tumults they never asked what evill he had done , & this Royal bloudwill be upon them & upon their children . But here comes up a second part of their venemous vomit ( for though they cast the temptation upon the serpent , they charge the original sinne upon the King ) The King gave not his good subjects satisfaction by granting all their demands which they found most necessarie & due , This they say [ by the mouth of the Reviewer ] was the cause of the many miseries , & if there be any connexion , was the cause why they stirred not in time , & what 's the meaning of this but Caiphas's expedit ? It is very expedient very necessarie he die for these people , & ( thankes good Presbyter Scot ) pay this debt of satisfaction in his bloud Which conclusion is no sooner dispatched , but like very logical Rebells , they fall presentlie on making a new syllogisme , & prepare a second argument of the axe . The very same cause ties up this day the hands of Covenanters — could they have ( that is they can not have ) the young King to joyne with them in their covenant , to quit his unhappie Bishops , to lay aside his formal & dead liturgie & the satisfaction to his good subjects which they finde necessarie & due ; He hath drawn some what beside his limbes from the loynes of his father ; though the serpent hath not reach'd him the fruit of the forbiden tree , he hath transmitted as much malignance in * the barke . Ergo when they get him into their hands ( which God forbid ) t is but talking a litle with the Pharisees & Priests , taking the money according to the covenant , They have made the premises & may then , sit at home with their hands in their pockets , being well assur'd the conclusion must follow , quia expedit , It is very expedient another man , because another King ( which the hand of heaven powerfullie prevent . ) To draw him into the net , this decoy ducke courts His Majestie with more truth then good meaning ; for he puts it into a parenthesis I'observe , that when hereafter it shall be left out , the Scotish Reviewer & Remonstrances may not jarre in their expressions . [ A lovelie , hopefull , & promising Prince , for all naturall endowments , as this day breathes in Europe , or for a long time has sway'd a Scepter in Britaine ] And yet this lovelie Prince without taking the Covenans &c. shall not breath nor sway the scepter in Scotland . With which & some other ungracious principles a nest of these unluckie Northerne birds did latelie besiege him , not in his cabin , [ for his fathers worke lay upon their hands , when he was there they wanting then the iron instrument to cut the silver cord of his life ] but in his Royal bedchamber at the Hague . And going home , it should seem by the weeping crosse , they & the good people , because they can doe no more , sit downe with mournsull eyes , till occasion be administer'd that by Dunce law ( which holds as well against the sonne as the Father ) they can doe no lesse then lie downe in their armes for their just & necessarie defense . But they hold here & 't is time I think●… , for they have transgress'd too farre the bounds of an epistle . CHAPTER I. The Scots bold address with the Covenant to K. Ch. 2 Their partie inconsiderable . The Bishops method , language , & matter asserted . The quaestion in controversie unawares granted by the Reviewer . WHile Sixe walking Images , the pretended Commissioners of the Church & Kingdome of Scotland , that is to say , a selected packe of the most zealous disciplinarian faction , which had fairlie wrought the destruction of both , were , with the greatest impudence that ever was heard of , pressing into His Majesties sad & most disconsolate retirement at the Hague , when he held backe the face of his throne , & had spread his cloud upon it , When his face was foule with weeping , & on his eyelids the shadow of death ; While , with the highest crueltie that could be , instead of condoling his most lamentable afflictions , beyond the tyrannie of Jobs comforters , they were going about not onelie to lay open in his sight , but to thrust violentlie that bloudie axe ( the Covenant I meane ) which had cut off his Royal Fathers head , into his hands ; This reverend & resolute Prelate steps in between them & the Court , throwes in their eyes the guilt not onelie of their late actions , but of their old Antimonarchical as well as Antiprelaticall government it selfe , not so much hoping to amuze them , or stop them in their progresse to the King ( whose adamantine face , & elephantine feet , he knew would breake through all the briars & thornes that the hand of truth could cut out of that Northerne wildernesse of errour , & lay , though ne'r so thicke , in their way ) as to set the marke of that beast in their forhead , which destroyes root & branch of Religion & Lawes , of Regall & Apostolical government , yea & of the libertie of the people , that all well affected to any of these or themselves might have seasonable warning to get out of their way , or gather strength to hunt this wild monster out of the world . Which accurate Remonstrance of the Bishops carying with it the highest authoritie of their Assemblie acts provincial & general , of the concurrent sense in the writings of many their deified Divines prevail'd with all impartial & advertend persons to bring this glittering Godesse of the Scotsh discipline to the touch , to discover all the dirt & drosse whereof every limbe of her is made , & reduc'd many , her before incautious worshipers , to a better practice of their dutie , & opinion of the Catholike truth . So that the shrine trade being very likelie to goe downe , & the craftsmen's gaine to faile , this Demetrius , as it hapens , at a distance from the great companie of his brethren , adviseth onelie with one of his tribe & 3. or 4. the idolatrous worshipers of his imaginations , & cries aloud in print Magna est Diana , Great is Diana of the Scots . yea , so great he makes her in the very first page of his booke as if she were Queen of heaven & earth , no other divine providence but hers able to recover , as he speakes , the wofullie confounded affaires of the King , & no other nations hands upon the earth but the Antiprelatical be the instruments to effect it . Whereas they are at this time the most inconsiderable faction in His Majesties Dominions , being kept at a bay by the present tyrannie in England , having such distractions & divisions among themselves , so intermingled with a Royal & Independent partie , that let them talke or write what they will ; they can make no muster roll of their owne strength , & durst they speake out their desires , or could their guilt permit them an assurance of securitie & protection , they would with all their hearts take sanctuarie in the person , aswell as hitherto they have done an abused authoritie from the name , of their King , & cast themselves with their covenant , & their claimes , to all former concessions , even touching their discipline , at his foot . But desperatione ultima in furorem animus convertitur , instead of that they turne despaire into madnesse , hoping onelie for some miracle to be wrought by the hand of God , that they may have companie in their ruyne . Naturali quodam deploratae mentis affectiu morientibus , gratissimum est commori . But we are told the hopes of such hypocrites shall perish , That they shall be cut of , & their trust be but a spiders web . Having done his crie , he begins to chop logike with the Bishop , complaines of his method , though most apposite to the purpose , calls for Scripture , Fathers , Reason , as if disciplinarian practical instances required the strength of any of the three , unlesse the vertuous precedents of Father Iohn of Leyden , or Kniperdolin should come in , as they may in judgement against the Scots . He admits of the Bishops proofes ( & I am very glad he doth ) but as by tenets , belonging litle or nothing to the main question : Whereas if The overthrowing the rights of Magistrates to convocate Synods , &c. Chapt. 2. Subjecting the supreme to their censures . chap. 5. Chcating him of his civile power in order to religion . ch . 7. be but by tenets ; Their challenging this exorbitant power by divine right . ch . 8. That the exercise of it is hurtfull to all orders of men . chap. 12. Belong litle or nothing to the maine questions about the discipline , it should seem we must climbe heaven for the height of the controversie , & see whether it will suffer God any more then the King , to sit sure in his throne , & have the supreme government of the world . The heape of calumnics he mentions is a faythfull collection of historicall narrations , which requires not the credulitie of the simple , but the search of sedulous people , if distrusted , who may take the other bookes in their way , & satisfie themselves about what passages he pretends to be detorted . If any of the Bishops allegations are coincident with them in Lysimachus Nicanor & Isachars burden , they have two witnesses at least to quit them at the barre , & need not stand to the mercie of Iudge Baylie for their pardon . Whatsoever were the sufferings of the authours Mr. Corbet & Mr. Maxwell the Reverend Arch-Bishop of Towmond , truth & integritie ought not to be danted , The hand of heaven is not allwayes guided by the mouth , nor Gods judgements discernd by the eye of the Disciplinarian brethren , though most commonlie we heare of no lesse then the murder of the best men , when they make themselves dispensers of his punishments . I am crediblie informed that Mr. Corbet was murderd by the Irish , the Arch-Bishop , stript naked & left desperatelie wounded , but by Gods mercie recover'd & since died a natural death . What spirit it is that hath cosind Mr. Baylie into this uncharitable beliefe of Gods strange punishments in their ends , or rather fram'd contrarie to his conscience this rash judgement in his mouth I leave to the Christian reader to conjecture . Had the like befallen any couple of his brethren , he would have writ with their bloud some red letters in the Calendar , & made them currentlie passe for two Martyrs of the discipline . If what the Bishop & they have jointlie published be fullie aswered by Mr. Baylie in his booke printed at London , Edenburgh & Amsterdam , because the weight of the presse addes every time more strength to his arguments , for I know not else to what purpose he mentions the severall impressions ) he might have sav'd this labour of Reviewing , & publish'd a fourth editon of it at Delfe . After so much praejudice the Bishop is beholding to you for his hearing , & since you have tasted the sweetnesse of his spirit , & sobernesso of his language in his first page , you doe well to spit out the bitternesse of your owne in a mad epistle before your booke . If any regard had been wanting in his Lordship to the passages of Scripture whereupon you build your Antiepiscopal tenets , the quotations would have been some what more numerous in your Review . That no reverence should be required to the harmonic of the Reformed he takes care in the third paragraph of his booke where he sayth , he hopes there is nothing whereof he convicteth you but will be disavowed… by all the Protestant Churches in the world , which it should seem they may doe & yet agree with you in the maine of your discipline , for you calld all those but by-tenets ev'n now . That they doe so beyond a non admission , to a rejection of our Episcopacie as Antichristian ( between which as I take it there is some difference ) I desire you to tell us where . What respect the Bishop beares to the Civile Magistrate & lawes , appeares best by his vindication of just authoritie to them both against your disciplinarian incroachments . His Lordship doth not forget by what authoritie your discipline is established though the extravagance of your practices stands not justified by that which you pretend to . If your rule doth , it doth not quit it selfe of censure , in reference to its reception otherwhere , because vested with the power of a civile law in Scotland ; nor is that law unalterable when a future Parliament may take into consideration the inconveniencies that accompanie it . The Bishop need not be grieved ▪ being as ignorant as your selfe ( & you are enough , as King knowing as you would seem ) that His Majestie doth not at all question the justice , because he doth not the legalitie of these sanctions . Therefore his Lordship may thinke on , & speake on when he pleaseth more about this bussinesse , & yet vouch with out a maske loyaltie in his face , nor ( for ought you draw from him ) need his veines be so emptie , nor his stomake so sharpe set as to eate his former words , much lesse be so desperate as to burne his whole booke , the consistence of it with his toughts , & professions laying no slander upon the King , & his Royal Father of ignorance , & injustice , the one having established , the other offering to establish by your civile lawes such a Church discipline as is mentiond , both having done it upon most unreasonable importunitie , without any know'n inclination to , or approbation of the same , Farther , what a slander this would prove , upon your grounds ( beyond the irreverence toward any actions of a King ) which is haled hither in a forced consequence by the cords of your malice may be guessed by the Royal Father's confession in his solitude . If any shall impute my yeilding to them [ the Scots ] as my failing , & sinne , I can easilie acknowledge it ; but that is no argument to doe so agai●…e , or much more For the Royal sonne , His Majestie now being . you say , he hath not yet gone beyond an offer , therefore His Martyr'd Fathers poenitential acknowledgement of his failing , & sinne join'd to your seasonable admonition , That there can be no such actual concession , but upon the peril of ignorance , or buge injustice , except he ownes it aswell to be the religious dictate of his conscience , as a poltike indulgence upon necessitie of state , may probablie move him at leisure to deliberate , & whatsoever he shall determine to doe in this , ( wherein God direct him for the best ) aswell for his owne sake , as the saftie of his Kingdomes make him cautious hereafter how the importunitie of the mission gets ground upon his goodnesse , when all his grants shall be so publikelie registred as conscientious acts , & , by such barbarious pens , deliver'd to posteritie as sealed with his soule . The Bishops presumption in that which followes is none but what from the grounds of modest Christian charitie may be raised , viz. That a knowing & a just King ( such as your owne character renders him ) will acknowledge that contrarie to the dictates of his conscience , which is proved contrarie to the lawes of God , & man , And this may be proclaimed , if not prohibited without being his Confessour or taking it from the Clerke of the closet in any whisper . Nor doth your mist●…ust of reports beare authoritie enough , to make His Majesties conscience passe for Presbyterian , no more then that for a command , or imposition by law which was by your petitionarie violence ravish'd from his passive innocencie into a grant . So that you see in the very beginning you stumble at a strawe , & being to finde somewhat worse in your way , you were best life your legs higher in your progresse . How much the Disciplinarian Scots have contributed from the beginning toward the alteration of Religion in England , is too large a storie to be inserted in this dispute . Their old account the Rt Reverend Arch-Bishop Bancroft cast up in his Dangerous positions , & English Scotizing Discipline . their later arreares ruu very high in the historie of our times , beginning with his religious & learned successour , The losse of whose head is not more to be imputed to the peoples clamours , then the Scotish papers . Whatsoever they did before , I hope they can not denie themselves to be one of the horned beasts , which together with their English brethren make the supporters of the Presbyterian Rebells scutcheon in the Covenant . This in their remonstrance upon their last inroad into England , when their fainting brethren with the cause were giving up the ghost , they tell the King plainlie they shall zealouslie & constantlie in their severall vocations endeavour with their estates & lives to persue & advance . This pursuance was against the King & Bishops , which with the Convocation of divines are the true & full representatives of the Church of England . The assemblie of Divines were but locusts & caterpillars brought together at Westminster by a Northerne wind . The lawes of England convocate no such creatures nor in such a maner . King & Parliament were mere names , had then , & there , no real being , & so no breath to such a purpose , nor those in the two Houses afterward more then the heads on the top of them in any politike capacitie to ordaine the abolition of Episcopacie . Beside , what the Assemblie did deliberate & debate , poor mechanike people 't is very well know'n they did as daylie labourers , & sacrilegious hirelings , spend the thred of their time in your service , & payd the price of their souls for a sequestration or two the Covenanting brethren's pillage of the Church . So that if they began the song , you know by whom they were payd for their paines , & if they danc'd not after your pipe , poor scraping wretches they came at your call , & how soever you were in a medley together , to be sure your Covenanting Divel had got you all into a circle , & will better distinguish you when he calls to you for his re●…koning . But , by your favour good Sir , His Majestie kept out , & for the very three yeares you mention told you plainlie he would make one in the practike harmonie of the Catholike Church . That permission ( for it was no more ) necessitie extorted , & though he could not at that time get you all into Bedlam , he thought in thrce yeares you would pipe & dance your selves wearie & then be content to give way to a better solemnitie of the Cathedral musike to come in . In the meane time estates & lives engag'd in the advancement of the Covenant by the sword , the end thereof being to setle discipline , was medling with & imposing upon our Church . Quod erat demonstrandum . The Bishop you see gives a shrewd guesse who they are you endeavour to brand with the name of Erastians , & how all Protestans Churches , even such as are not Episcopal , must be beholding to you for that title because they come not up to the rigour of your Discipline . Wherein Erasttus slaterd the Magistrate to the prejudice of the just rights of the Church , concernd you aswell to prove as to mention , & then to have draw'n a parallel of the like flaterie in the Bishop . Your doubting argues you ignorant or negligent , & confirmes my beleefe that you have travail'd as litle in Erastus's doctrines as his wayes , & gone no farther then the title of his booke . What His Lordship asserts about the supremacie of the Civile Magistrate , & Ecclesiastike jurisdiction derived from thence is but what he & all his brethren have sworneto , & not one of the late Bishops retracted who claim'd Episcopacie by divine right , nor were they at daggers drawing with that horrible word Erastian Caefaro-papisme , having a farre more monstrous creature , call'd Scoto-Presbytero-Papisme , to encounter . Our lawes are the same aswell to the latter as the elder Bishops , & if their subjection to them must be accounted such an errour , the next pedlars pack that you open we may looke to finde Christianitie bundeli'd up into a sect . The Bishop hath more charitie in him then to become an accuser of his friends , & so much ingenuitie as to heare your sense , not onelie speake his owne about their writings , which when you bring in any particular instance shewing them to joyne with the most rigid Presbyterians in opposing Erastus about the Magistrates power , you may looke for your answer Here the Reviewer , I can not say for want of a pare of spectacles ( for who is more blinde then he that will not see ) is pleas'd to over looke the whole bodie of the Bishops charge against them , & instead of quiting himselfe to any purpose , recriminates onelie upon other mens scores , having , as it seemes , been very slenderlie acquainted with the late controversies between the Papists & us , & not sounded the depth of the question , as it was stated by our later most learned writers , particularlie that most glorious martyr the Right Reverend Arch-Bishop of Canterburie with the rational & subtile Mr. Chillingworth , who between them having clear'd the well of that dirt which defil'd commonlie the fingars of them that went to draw water at it before , made the face of truth appeare at the botome to any that came impartiallie to behold it . But the Bishop mentioning nothing hearebout , I have no authoritie farther to enlarge , being oblig'd onelie to put Mr. Baylie in mind that in his next Review he give account to the world . Why the Scotish Presbyterie comes not into the harmonie of all Protestants both Lutharans & Calvinists , who give unto the English Episcopal Church the right hand of fellowship & why he & his later Brethren out do etheir forefathers , who durst not condemne her either as defective in any necessarie point of Christian pietie , or redundant in any thing that might virtuallic or by consequence overthrow the foundation . The Canterburian designe was forged at Edenburgh into a passe for the Scots to come over the borders . The Prelatical partie might charitablie wish , but never rationallie hope to see all Christian Churches united in truth & love , so long as the perverse Presbyterie confines all Religion to it selfe . For whatsoever the blew caps came in , we know when they went out they caried many vvainloades of somevvhat clse beside the spoile of the blacke-caps reconciliation vvith Rome , & so long as such bootie is to be had , they want more power , then will , to set up a new controversie in England . But while they are thinking of that , I must put them in mind of what we have in hand , & notwithstanding Mr. Baylies pretense assure him King James , who had trouble enough with them , makes good upon his owne experience , that every nicitie is a fundamental among them , & every toy takes up as great a dispute , as if the Holie Trinitie were question'd …De minimis Politiae Ecclesiasticae quaestiunculis tantum excitant turbarum ac si de sacrosancta Trinitate ageretur . As touching your answer to the last charge , you cunninglie omit what is found in the letter , a word at least of approbation to the office of Episcopacie , in that Bishops are call'd guides , or leaders of Christs flocke , wherein a superintendence , Prelacie , or precedence is own , they being Pastorum Pastores , for by the flocke there is mean'd the inferiour Ministerie , not Laitie , otherwise that text of St. Peter is unfitlie applied , Feed the flocke of Christ , which is committed to your charge , caring for it not by constraint e'piscopôuntes mi a'nagkastôs [ e'piscopôuntes is being Bishops over it ] where a'nagkastôs must relate to the Ministers who were constrained to weare the cap , surplice , & tippet , or else be deprived of all Ecclesiastical function as your Assemblie complaines at the very begining of the letter . Yet had they writ no more then you produce , & had been of the same minde with you now , it would follow necessarilie that you acknowledge several members of Antichrist Ministers of the word , reverend Pastours & brethren of the Kircke . Which give me but under your hand in your next . My Lord of Derrie I presume will use you , as his profess'd brother very kindlie , & trouble you no more about that businesse . I must adde this ; Mr. Knox , as futious otherwise as he was , before Queen Elizabeths time when as your Historian relates in his life , K. Edward VI. offered him a Bishoprike , he resus'd it with a grave severe [ yet not so severe ] speach saying the title of Lordship & great state had quid commune cum Antichristo , somewhat common with Antichrist , he sayd not the office of an English Bishop was Antichristian , nor his person a limbe of Antichrist himselfe . What the same Assemblie sayd or did about the Arch-Bishop of St. Andrewes was in the midst of their freanzie , when , as by their actions may be judged , they had alreadie made good what they threatned , & were become subjects or slaves to the tyrannie of the Devil . Whose title their successours , have these last ten yeares renewd , & payd a greater homage then ever , to that Lord. What you suppone is a grant of the question , That some 80. yeares agoe the Scots might admit the Protestant Bishops tolerable in England , the law being still the same upon which they are founded , & if their practice be not , which is more then you prove , whatsoever it may detract from their persons , it derogates no thing from the continuance of their office . Neither hath your inspection been so accurate of its nature , but that like unskillfull physicians , ye have cast away that balme of Gilead whereby the health of the daughter of Gods people must be recovered , & like ignorant simplers , have throw'n over the hedge for a noxious ●…eed that Soveraigne plant which God ordain'd for the perpetual service & sanitie of his Church . As for those crimes which you mention , though you will never be able to make them good against the Reverend Prelates of any the three Kingdomes , yet for shame say not for those you got the consent of the King to condemne , kill & burie in your countrey the sacred order of Episcopacie in that Church . His Majestie having not expressed the least word or syllabe to that purpose . The most that ever he yeilded was this . For it should be considered that Episcopacie was not so rooted , & setled there [ in Scotland ] as t is here [ in England ] nor I ( in that respect ) so strictlie bound to continue it in that Kingdome as this : for what I thinke in my judgement best , I may not thinke so absolutelie necessarie for all places , & at all times . Not so rooted & setled , not so absolutelie necessarie implies no act of everting the foundations both of Religion & Government &c. nor can such an act be so pleasing to Kings , nor that order , which is wholelie imployed therein , win so much upon their affections & judgements as to make them professe to the world they thinke it best , as you see our King of blessed memorie hath done . When England thereafter , as you terme it , did root out that unhappie plant , they danc'd after the Scotish pipe , though England was neither in that thing , calld an assemblie , nor in any full & free Parliament that did it . They were but a few rotten members , that had strength enough then to articulate their malice in a vote , but have since given up the ghost being cut downe by the independencie of the sword , & their presbyterie with them , for a Stinking weed throw'n over the hedge , or Severu's wall , into Scotland , where they , & their blew-bottle brethren are left to lie unpittied on the dunghill together . The rest of the ReformedChurches otherwhere did never cast out , what they never had , such an happie plant as regular Episcopacie in their grounds , those that have ( as some such I have told you there are ) carefullie keep it . The one part hath been more wise in their actions , the other more charitable to us in their words . Let the Scots applaud , or clap their hands when they please , there is an act behind , the plays ' not yet done . CHAPTER II. The Scottish Discipline overthrowes the right of Magistrates to convocate Synods , & otherwise to order Ecclesiastical affaires . THe Bishop doth not forget his challenge about the Magistrates right in convocating Synods . But if Mr. Baylie's eyes be too old to see a good , argument in an enthymem , let him take it out of an explicite syllogisme , which may fairlie be draw'n out of His Lordships first & second paragraph in this Chapter . MAJ. That Discipline which doth countenance the Church to convene within the Magistrates territories , whensoever , wheresoever they list : To call before them whomsoever they please , &c. doth overthrow the Magistrates right to convocate Synods . to confirme their Acts , &c. MIN. But this new Discipline doth countenance the Church to convene within the Magistrates territories , whensoever , wheresoever they list , &c. Ergo , CONCL. This new Discipline doth overthrow the Magistrates right to convocate Synods , &c. The Major his Lordship proves from that know'n Soveraignite of power wherewith all Princes , & States are indued ; From the warinesse of the Synod of Dort , Can. 50. From that decree out of Ench. Cand s. min. Synods ought to be called by the supreme Magistrate , if he be a Christian , &c. From the power the Emperours of old did challenge over General Councels ; Christian Monarches in the time of Poperie over National Synods ; The Kings of England over their Convocations : The Estates of the Vnited Provinces . From the professions of all Catholikes & Protestants in France , very particularlie & liberallie the State of Geneva , where the ordering of all Ecclesiastike affaires is assumed by the Seigniorie . The Minor , he takes for granted , is know'n out of all the proceedings in the Presbyterie ; which from time to time have thus conven'd , & convocated themselves , & therefore His Lordship onelie intimates it in his first paragraph , yet afterward proves it in part by an Assemblie , meeting when it had been prohibited , & sitting after it was discharged by the King , which the 20. Presbyters did at Aberdene Anno 1600. And all this with the Reviewer , is to forget the challenge , because he hath forgot his logike , & the new light hath dazeld the eye of his old intellectual facultie to discerne . The truth of it is , this was a litle too hot for Mr. Baylies fingars , because it makes such cleare instances about the Synod of Dort & Geneva , wherein they differ from the Scotish Presbyterie , which he will not owne because he every where denies , & therefore takes no notice of it as he goes . Nor can any ignorance of the way of the Scotish Discipline be imputed to the Bishop , who produceth , so numerouslie , the practical enormities thereof , & strikes at the very foundation as infirme , because contrarie to the know'n lawes & lawfull custome : , the supreme Magistrate dissenting & disclaiming . For what he pretends to have been unquestionablie authentike by vertue of Parliament Acts & the Kings consent since the first reformation , I have otherwhere successivelie evidenc'd , up as farre as the unhappie beheading of Marie Queen of Scots in England , ( to which the rest may be hereafter annexed ) to have no other strength then what rage & violence could afford it . The power which he sayth every man in Scotland gives the King , without controversie , to call extraordinarie Assemblies when he pleaseth , takes not away , in its hast , the maine part , of the Bishops objection , implying no negative to this . That the Presbyteric , hath often extraordinarilie assembled without the Kings leave , nay against his command , nor will they be checkt in that rebellious license by his power . What the Bishop meanes to speake of the Kings power in chusing Elders , &c. Mr. Baylie might know , but that still he hath no mind to take notice , That in the former paragraph His Lordship spake of a seigniorie , a Civile Magistrate at Geneva , to which at the end of the yeare are presented the Elders , & by that continued or discharged . The Civile Magistrate in Scotland hath no more power in placing or displacing , ( which before was calld continuing or discharging ) the Elders , then in the election of the Emperour , whose inhaerent right he conceives to be as good there as at Geneva , therefore if the lawes do not expresselie provide it , they are such , he thinkes , as tend to the overthrowing of that right . This His Lordship meanes as part of that he was to prove , being a clause in the title of this Chapter . Your closing with the Parliament , which the Bishop hath not mention'd , is but to beget a wonder by making an hermaphroditc of the question which before was but single in your sexe . You are not so united , but that I can untwist you , & , though against your will , consider , in this case , the Presbyterie by it selfe . The making of Ecclesiastike lawes in Scotland ( as for England it shall not be here disputed , as desirous as you are to be wandring from home ) was never , in justice , nor with any Kings content , referred , so absolutelie , to Ecclesiastike Assemblies , as not to aske a ratification from the crowne . What the Bishops minde is about the head of the Church will be clearlie rendred when just Authoritie demands it , but His Lordship thinkes not good to be catechiz'd by every ignorant Scotish Presbyter , nor give answer to every impertinent question he puts in . If your fingars itch to be handling the extrinsccal power in the Minister derivative from the supremacie of the King you were best turne over Erastus & the learned Grotius , after which I guesse we shall heare of you no more . Your Assemblies are Arbitrarie but at Royal pleasure otherwise then as by your covenanting sword you cut of their relation to the King & his great Councels . So that your Kings were willing to accept , & had good reason to assume , more then ever you would give them . How you robd them of their right by your multipli'd rebellions see Scotish-Presbyterian selfe conviction in my Epitome of your storie . If the Bishop had left this matter in generall , your hue & crie to be sure , had gone after him for particulars . His reasoning stands not to the courtesie of your indulgence , being grounded upon the Acts of your Assemblies , whose backes had been long since broke with the weight , of no peckadillos in disputing , but high & mightie villanies in rebelling , had it not the strength of the whole lay Presbyterie to support it . Though by the way I must tell you , The failings of your officers may be taken as naturall to , & inseparable from your office , when , having been so noto riouslie publike , they passe without your censure , or dislike . So that this mote , as much as you miskenne it , will prove a beame in your eye , & of such consequence in this argument , as you will scarce finde the way through the most hainous particulars that follow . The first of which layes such a blocke in your way , as you can not step over , till you have as good as acknowledged one of the principal articles in that charge . You confesse His Majestie did write from Stirling to the General Assemblie at Edenburgh 1579. that they should cease from concluding any thing in the discipline of the Church , during the time of his minoritis . And how well you obey'd it , we may collect by what followes . Vpon this desire [ dutifull subjects would have taken it for a command ] the Assemblie did abstaine srom all conclusions [ that we shall see presentlie ] onelie they named a Committee to goe to Striveling for conference with His Majestie upon that subject . Any man that is acquainted with your Assemblie logike will know that this clause with the onelie , if it passe not for a conclusion , caries the force of two praemises with it ; And he must be very ignorant in your storie that hath not found all your conferences with your Kings to have been contests . Whether this was so or no , I leave to the discretion of the reader , when he sees what you say followed thereupon . Immediatelie a Parliament is called in Octob. 1579. And in the first Act declares & grants jurisdiction unto the Kirke… . And declares that there is no other face of a Kirke , nor other face of Religion , then is praesentlie , by the favour of God established within this Realme , And that there be no other jurisdiction Ecclesiasticall acknowledged within this Realme , then that whilke is & shall be within the samen Kirke , or that which followes therefra concerning the praemises . Now let us lay all this together . The young King is resolved to have no medling with the discipline , yet no sooner doth he see your Commissioners sweet faces , but immediatelie a Parliament is called And in that Parliament your Discipline must have the primacie In the Acts ; And that leading Act must not onelie establish what you have at hand , but , upon the engagement of Regal & Parliamentarie power , purchase all future possibilities of your pleasure , & give your invention a patent to play the wanton . There must be some witch craft sure in your Committee , & ( by your relation ) a magicke spell to retrive on such a sodaine , the Kings wandring affections to the Discipline . But when I finde His Majestie professing , that after ten yeares of age you never had his heart . A brother of yours lamcnting that for five yeares before this you had had a perpetual conflict with the Bishops , & ever got the worst . That most of the Nobilitie , upon several interests , were at this time bent against you , I am at a losse for the Kings libertie , as much as for some other concurrent due authoritie , in this Act , & reade nothing but your violence in these proceedings . But let us see how you & a namelesse friend of yours agree . He tells us the letter that Dunkenson brought to this Assemblie had otherguede contents . That the King onelie quickned your dispatch in consultation a. bout some head of the discipline , & preparing your unanimous result for the consent of the Parliament that followes . The Kings jealousie of your medling with these affaires he seemes to anticipate by two yeares of your account & if there were any such thing , whereof he doubts , he sayth the King was better informed of the truth . He farther complaines of two whole leaves about this businesse that were rent out of your publike records . that ever since left posteritie in a cloud this was done in the yeare 1584. which he calls the houre of darknesse . You say the authentike Registers are extant , & ●…onvince the Bishop to be heire of falshood . Error cau●… quâ coepit eat All the truth that I can picke out of this confusion is , That the King was disaffected to the Discipline ; That the Assemblie did not obey his command nor answer his desire with their silence ; And that what consent you say , he gave in Parliament soon after , was either forg'd , or procured by constraint . What followes concerning your rigour to the Papists , & many orthodoxe Christians comprehended in that title , is easilie credited . But you should have done well to have set downe the names Dominorum Consilii ex quornm deliberatione proclamation ●…as made , & then we should have know'n how neare they were of kinn to your faction . Some bodie tells us , That the Ministers did deliberate , & Buchanan did act [ according to the maximes of loyaltie he publish'd . ] That the Kings name was to it , & what else you pleased , is not much to be doubted , when you had got his person in your power . For how short a time you could keep his inclination to the Discipline , which was proclaim'd , ap peares out of your storie of an Assemblie mans penning . How cordiallie peremptorie the king was in his command , & how forward in subscribing whatsoever is in the Act for the short Confession of fayth ; And what good effects it wrought among the people , you may take notice out of His Majestie speach in the Conference at Hampton Court , wherein he shewes how ridiculous the thing was , & the person that drew it up . I thinke it unfit to thrust into the booke every position negative…according to the example of Mr. Craige in Scotland , who with his I renounce & abhorre , his detestations & abrenunciations , did so amaze the simple people , that they not able to conceive all those things , utterlie gave over all , falling backe to Poperie , or remaining still in their former ignorance . These are the Kings words about Mr. Craige the Authour , & his Confession , which you may compare with the Act , you pretend to at your leisure . The approbation of the Assemblie was but the harmonie of a faction , such being excluded as were not prejudged approvers or , if praesent , overaw'd by a praevalent partie in their vote , as much as other Ministers abroad , by Philadelphi Vindicatours confession , in their consent . Quis credat quenquam , qui rem sacram administrabat…ausum fuisse calculo suo non probare . Or if they were free & did approve it , they did it in that sense that many Orthodoxe persons did sweare or subscribe it …in eam confessionem jurâsse neminem Presbyteriorum regimini alligat . Which King Ch. 1. in his large Declaration tells you to be consistent with Episcopa●…ie , it unqu-estionablie true . Or it may be the register of your approvers was handled as the roll of subscribers , wherein were a great many more names then had been hands … adde Episcopos nunc sedentes & magnam partem Ministrorum subscriptiones illas inficiari . The opposition Of the Kings Commissioner it may be was ingrossed in the two leaves torne out of your publike records , if not left out as impertinent to the proceedings of that Assemblie . If he gave a passive consent by his silence , it was in conformitie to his Masters subscription & command which you mention'd . The direction of His Majestie for the 50. Classical Assemblies was specializ'd by your power which did direct him . The crecting of them was with no intent to pull downe Episcopacie , as may be , in effect gather'd from your words . For if they remaine to this day , the same stood while the Bishops were in power as subordinate chapters or consistories unto them . These some Noble men , you speake of , were most of the Nobilitie , as your Brother Andr. Melvin doth acknowledge … reluctantibus nobilium plerisque . And these did not now erect , of new , a titular Episcopacie , but maintained that which had been legallie established . And this they did , not onelie to hold fast their Ecclesiastical revenue , but upon other more conscientious grounds , as he ingenuouslie confesseth . Viz. To keep the state of the Kingdome entire from being rent in pieces ; sublato enim Episcopatu [ I l'e leave the lie for his heires to licke up ] regni statum convelli . To praeserve Majestie due to the King , constitutis Presbyteriis regiam Majestatem imminui And , by asserting his right to some Church revenues , to prevent the utter exhausting of his exchequer … bonis Ecclesiasticis … restitutis Regis aerarium exhauriri causantur . That the Nobilitie enjoyed so much of the revenue , beside what was payd in to the King , came upon the perpetual divisions rais'd by the Presbyterie in the Kingdome , which perturbing ever the establishment of the Episcopal order , & voting them to have no more right to the meanes then they had to the office , the learned at least & prudent Nobilitie having better assurance that neither power nor meanes belong'd de jure to the brethren of the discipline , it is not unlikelie , till the controversie should be ended , they framed a kind of plausible argument to continue the steward ship in themselves . Yet in the meane time , by your leave , they did effectuate more then a title to this & tul●…han Bishop : And this kind of Prelates pretended right to every part of the Episcopal office , & exerciz'd much more then you mention'd . Which having been made good against you in several volumes , I shall onelie bring an undeniable argument , by producing confitentes reos , the whole packe of Covenanters of all orders & qualities , aswell Ministers , as others , Who in their publike bill or Complaint , upon which an Act of the Presbyterie of Edenburgh passed Octob. 24. 1638. have these Words . Whereas the office of a Bishop ( as it is now used within this Realme ) was condemned by the booke of policie , & by the Act of the Assemblie holden at Dundee , Anno 1580. Whereof these are the words ; For asmuch as the office of a Bishop ( as it is now used , & commonlie taken within this Realme ) hath no sure warrant from Authoritie , &c. Hence I argue thus . The office of a Bishop now used in the yeare 1580. & the office of a Bishop , now used in the yeare 1638. is ex confesso the same . But the office of a Bishop 1638. consisted in the power of ordination & jurisdiction : Ergo so did the office of a Bishop 1580. And as much is implied by the Act of that Synod which condemnes expresselie the power as well as the title of Bishops , & that with reference to the persons of the Bishops then living , that had executed this power , & were to lay it downe or become excommunicate . Therefore you shew us but the halfe face in your discovrse about their voting in Parliament , Into which imployment they crept not , but came upon considence of better authoritie then any general Assemblie could give them , as shall be proved hereafter , particularlie in the case of Rob. Montgomerie Arch-Bishop of Glasgow whom you name . That there was some debate takes of somewhat from the Kings forwardnesse in commanding , subscribing & directing in special . That he shew'd his good satisfaction , I beleeve not , when you publish it with a blancke Reviewer . But the Warner heere jumps over no lesse then 27. yeares time , &c. Ans. The Bishop undertooke no continued historie of your Disciplinarian rebellions . Therefore in passing over 27. yeares he sav'd himself a trouble , but hath done too great a courtesie for you , unlesse you were more thankefull for his silence . Though indeed this signal rebellious Convention of a few stubborne ignaro's at Aberdener shewes to what an height & maturitie of mischiefe your other sucking Conspiracies had come to ; if Royal presence had not been at hand to suppresse their growth & nip these blacke boutefeus in the bud . That King Iames at that time was by his English Bishops perswasions resolv'd to pu●… downe the general Assemblies of Scotland , is disavowed in words by publike proclamation , bearing date the 26. Septemb. & in act by appointing one to be holden at Dundee the last Tuesday of Julie . Yet if he had , with the grave advice & consent of his three Estates , your Church lanes & constant practice must have strooke saile , as it afterward did , unto the supremacie of that power . Himselfe telling you , That no Monarchie either in Civillor Ecclesiastical policie , had then attained to that perfection that it needed no reformation ; Nor that infinite occasions might not arise , whereupon wise Princes might foresee , for the benefit of their St●…es , just cause of alteration . For what immediatelie followes , take His majesties answer out of a Declaration penned with his owne hand . As to the nature of their particular priviledge in holding of Assemblies , they have in this their last praetended Assemblie broken the limitations of that priviledge that is clearlie set downe in the first Acte of the Parliament in the 92 yeare , which is the latest & clearest warrant for their Assemblie . For there it is speciallie provided . That as We give them license for holding of their Assemblies once in the yeare or oftner as occasion shall require ( which proves that all their power onelie proceeds from us ) so must it not be convened without our owne prasence , or then of our Commissioner , nor no day , nor place set downe for the next Assemblie , but by Our , or our Commissioners appointment , except we be not pleased neither to goe in our owne person , neither to send any for assisting the sayd Assemblie . And how these limitations have beene observed by them at this time , let the world judge , first in not onelie refusing the praesence of our Commissioner , but most contemptuouslie & injuriouslie barring the doore upon him , & next in setting downe the dyes of the next Assemblie without either his privitie , or consent . The letter which His Majesties Commissioner Sr. Alex : Strayton of Lowrenston offered you know was a missive from the Lords of the Councel , not addressed to them as to an Assemblie , & therefore no such capacitie requir'd to their receiving it . His Majesties letter to the Commissioners of the general Assemblie signifying his pleasure to have the appointment of this meeting deferred , & no new indiction to be made without his consent , having been long before delivered , & the substance of it by them communicated to the several Presbyteries of the Kingdome . In contempt whereof these persons assembled at Aberdene , where , the day before they sate downe , was a publication at the mercate Crosse of a charge to the contrarie from the Lords of the Councel . Beside , they had not , His Majestie tells them . any warrant to hold a new Assemblie , without the praesence either of the Moderatour of the last , or of the ordinarie Clerke of the Assemblie . As for their dutifull demeanour afterward , That they rise immediatelie after the reading of the Missive , Mr. Baylie knowes to be absolutelie false , Howsoever , the naming a diet for the next meeting Was against an expresse clause in His Majesties letter , which by the Councel is calld a Rebellious , & traiterous misbehaviour . For the trouble that followed hereupon , if by the counsel of Arch-Bishop Bancroft , that could not be pernicious , because the proceeding against them was legal . They were calld before the Lords of His Majesties Councel ; had libertie given them to entertaine lawyers , & make their defense , which prov'd a Declinatour disclaiming all subjection to His Majestie , & His Councel ; This Declinatour was repell'd , & they were found to have unlawfullie conven'd ; His Majestie commanded that the ordinarie course of justice should proceed . Whereupon Sixe of them were presented upon panel at Lynlithgow before His Highnesse Justice being the ordinarie Judge , who had joyned to him a great number of Noblemen , &c. Their inditement grounded upon the first statute in May 1584. Two of their Procuratours , & Counsellers at law , not being able to perswade them to a course of humilitie , did upon their obstinacie refuse to plead for them , Indeed Sixe , or seven of them , touched with the open discoverie made by the Kings Declaratour upon humble submission were dismissed , & sent home to their charge . See more particularlie of all these in the Declarations of K. James , & his Councel 1606. The next instance of the Bishops , Viz. Their abolishing the chiefe festivals of the Church , the Reviewer can not justifie to any purpose either from the authoritie , or the time . For first this great Councel of Scotland were but a parsel of the rebell Nobilitie that had of late deposed , & persecuted the poore Queen Dowager to the death , And now having the yong King & Queen at as great a distance as France , at the same rate order the affaires of the Church as they had the policie of the State. The charge they gave the Assemblie brethren dated the 29. day of April 1590. ( the summe whereof is so formallie placed in the front of the Discipline ) was upon procurement by themselves , It being ordinairie with them , when they had any new device on foot , to extort some pretended authoritie by their letters . Therefore it is but a mocke obedience by service not onelie offered , but obtruded . Nor was it so pleasing to them , whom they here owne for their masters , but that after many dayes perusal , it was with dislike , & scorne rejected by diverse . Those that sign'd it had no power to ratifie it , no more then just before , the Confession of fayth , which they were faine to send over into France . And how their Act , or promisse in secret Councell , dated the 27. of Ianuarie , was illuded from time to time , Knox relates , & very much laments in his storie . For the time , there was no such Parliament intervall as required the diligence of the Councel of State : for what they call'd a Parliament , though none , was but new lie dissolv'd , when presentlie consultation was had how the Church might be established in a good , & Godlie policie . The reason of which haste was lest , the yong Queen should come over , & interpose her Royal authoritie in this great Councel of State , as she did afterward , & rejected the Discipline , for all the Act of State that had passed on it , demanding How many of those that had subscribed would be subject unto it , & her Secretarie telling them . That many subscribed in fide parentum , as children are baptized . Those dayes which Mr. Baylie calls here fond seasts , out of the booke of Discipline & that farther abominations , were not thought such by the Primitive Christians , who were strict in the solemnitie of such times . And if the writings of the ancient Fathers , & the Godlie , & approved lawes of Iustinian the Emperour might be admitted , as once they were offered , to decide the controversie betvixt us , we know what Would become of this part of the Discipline . The authoritie of the Church , warranted by the holie Scriptures is sufficient to justifie them & us in this observance . Nor were the Scots so fallen out with these abominations , but that they let them stand in the Calendar before their Liturgie , &c. And there were a people in Scotland which , in the Bishops dayes , did celebrate those feasts , Therefore ever since they have not shewed such readie obedience to that direction of the Discipline . See the Bishop of Brechen's defense of the Perth Articles . Your farre-fetecht comparison accidentallie improves the Bishops knowledge by a seasonable experiment , Who findes the Disciplinarian barbarismes in Scotland as monstrous as any he ever read of in Iapan , & your nullities in religion as many as Vtopia hath in policie , or nature . If your thoughts had not been rambling so farre for recruits to your malice , you might have been furnish'd with truth nearer home , which His Lordship brings unto your doore . As fine as here you make your selfe for the triumph , out of every wing you plucke , you will by & by be at a losse for your victorie , & must then weare your blew cap without a feather . For ( that you may know my meaning ) His Lordship can afford you no such pretie thing as the antichronisme you lay hold on . He sayth not , That statute of treason wa●… in being in the yeare 1580. And his Printer you might see , had done him so much right as to set a number 4. yeares older directlie , against the place where it is mention'd . His Lordships words are these Which ridiculous ordinance was maintain'd stiffelie by the succeeding Synods , notwithstanding the statute , That it should be treason to impugne the authoritie of the thrce Estates . The plaine sense whereof is this , The succeeding Synods to the yeare 1584. maintain'd it stisfclie . And not onelie they but likewise the succeeding Synods afterward , notwithstanding the statute then made , That &c. Yet , not to be too literal , That there should be three Estates , to whom your brethren presented their Assemblie Acts as they did , by the King & them to be confirmed , even before the yeare 1580. & yet , That to impugne the authoritie of the three , estates or to procure the innovation , or diminution of any of them , should have no statute nor law to make it , at least interpretative , treason , is a peice of politikes that Iapan nor Vtopia , will never owne , nor any man that is civiliz'd in submission to government beleeve . The businesse of appeales we are to meet with in the chapter following , & so farre you shall have leave to travaile with the counterfeit credit of that untruth . What you make here such a positive consent of Lundie the Kings Commissioner in that Assemblie , even now went no farther then a suspense in silence , where all you found was , That it appear'd not he apposed . And how that might be I there gave you my conjecture . In the next Assemblie 1581. the Kings Commissioner Caprington was not so hastie to erect in His Majesties name Presbyteries in all the land . The businesse was this , The King sends him , & Cuningham with letters to the Assemblie at Glasgow , to signifie , That the thirds of the Ecclesiastical revenues , upon the conference had between his Commissioners , & those which they had before sent from Dundee , were not found to be the safest maintenance for the Ministrie , they having been so impair'd in twentie yeares before , that nothing of certaintie could appeare ; That thereupon had been drawn a diagrame of several Presbyteries , whereby a division of the greatest parishes was to be made , & a uniting of the lesse to the end that the Ministers might be with more aequalitie maintained , and the people more convenientlie assemble'd , That His Majestie had determined to sent letters to several of his Nobilitie in the Countrey to command their meetings , and counsel here about . This he did not till the next summer , nor was any thing effected diverse yeares after . The conventions of the Ministrie were to be moderated by every Bishop in his Dioecesse , who was , by agreement , to praeside in the Presbyteries with in his limits . So that the modelling Presbyteries was onelie for setling a convenient revenue upon the Ministers , & so farre was it from abolishing Episcopacie , that the Bishops were to have the managing the affaire . It would not have cost you , nor your printer , much paines to have put in what hapened before the yeare 1584 The opposition against your abuse hereof by the Bishops Montgoinerie & Adamson ; His Majesties discharging by proclamation the Ministers conventions , & Assemblies under paine to be punished as Rebells , publishing them to be unnatural subjects , seditious persons , troublesome & unquiet spirits , members of Satan , enemies to the King & the Commonwealth of their native Countrey , charging them to desist from preaching in such sort as they did viz. against the authoritie in Church causes , against the calling of Bishops , &c. removing , imprisoning , inditing them , &c. Which put you upon the desperate attempts of surprizing and restraining His Majestie 's person , whereof otherwhere . So that the King , you see , had very good preparatives to purge his Kingdome of such turbulent humours , before Captain Stuart put him in minde to make use of that physike . Which Captaine Iames was no such wicked Courtier , when the saints in behalve of the Discipline , set him up to justle with Esme Stuart Lord Aubignie for the nearest approach unto Royal favour . This Parliament 1584. was summon'd with as loud a voyce as any other , & was as open as the sun at Edenburgh could make it . Nor was Captain Stuarts crime about it such as to denominate his exile the vengeance of God , which was wrought in the eyes of the world by your rebellion . Nor his death by Dowglasse's high way murder , aveng'd afterward in alike terrible destruction & that in Edenburgh high street , where sanguis sanguinem tetigit : bloud touched bloud , though I dare not , as you doe , judge for reward , nor divine such ambiguous cruelties for money , being no Priest nor Prophet , as you are to the heires of those bloudie soulders in Micah [ chapt 3. ] I dare not say that it either was the fingar of God , though he imploy not the hand of his power to restraine them . Rev. … these acts of his Parliament the very next yeare were disclaimed by the King , &c. Ans. They were not disclaimed the 21 of December the next yeare , when James Gibson being question'd for dis loyal speaches about them before His Majestie & his Councel , very impudentlie told the King , he was a persecutour for maintaining them , and compar'd him to Ieroboam , & threatned he should be rooted out , & conclude that race . His confidence was in the returne of the banish'd Rebel-Nobles , who forced all honest men from the Court , possessed themselves of His Majesties person , & acted all disorder in his name . This was the regular restoring of Presbyterie , Which to say was never more removed to this day , in that sense , you must speake it , is to abuse the ignorance of some new convert you have got in the Indies , who it may be , at that distance , know not that Bishops had the visible Church government in Scotland , for about theirtie yeares together , since that time . Rev. The Warners digression to the the perpetuitie of Bishops in Scotland , &c. Ans. The perpetuitie of their order in that Kingdome is no disgression in this place , where His Lordship shewes your practical contradiction in pulling downe Episcopacie with one hand , & yet seting it up , though under the name of Superintendencie , with the other . The sequestring their revenue , & altering their names , & pruning off some part of their power , he takes to be no root & branch ordinance , for the deposition of their office , or utter extirpation of their order . This he asserts to be the greatest injurie your malice could ever hitherto bring about , & therefore goes not one step out of his way to let you know . That Bishops have been perpetual in your Church , Nor doe you out of yours ( but keep the same path of truth you began in ) in acquainting us with the antiquitie of Presbyters , who , it should seem are terrae filii that sprung up in Scotland , like so many mushromes , the next night after Christianitie came in : Though he that is read in your opinions & actions , will take it for granted that you must pay the acknowledgement of your Presbyterie to the Sanhedrin , & your sects conversion to the lewes . If you will impudentlie crowd it into the companie of the first Christians that came into Scotland , you can not denie but that for some part of the Centuries you speake of , it was confin'd to the monkes colls , never came to clamour at the Court , & the poore Culdiis , with a great deale more humilitie & pietie , then the Covenanters , caried it in their cowles . Rev. … & after the reformation there was no Bishop in that land . Ans. The reformation you meane , began the day before , or after the Greeke Calends , & if you will helpe me to an account of the one , I shall know how to order the aera of the other . Many yeares confusion there was of Poperie , Presbyterie & Superintendencie . The reform'd Episcopacie could never get ground till King James set it forward , & then it went not far before it met with your violent encounter by Sword , & Covenant , which never suffered the crowne nor Miter to stand long unshaken , till both were held up by the Armes of England , & the Kings person secure at a distance to command you . That ever such a thing as reformed Presbyterie according to the Canon in your Discipline , had the free positive consent of King , & Parliament ( without which it can not legallie passe for the Religion of your Kingdome ) I denie to be visible any where in your storie . Rev. … till the yeare 1610. Ans. That yeare did indeed complete the Episcopal power , which King James had by degrees piouslie , & industriouslie promoted many yeares before . Rev. … When Bancrost did consecrate three Scots Ministers , &c. Ans. A brother of yours tells us they were consecrated by Bishop Abbot : As evil as their report was the men were not so bad , as their names need be in charitie conceled . They were Iohn Spotswood , Andrew Lamb , & Gawin Hamilton , Bishops of Glasgow , Brechen , & Galloway . Who enjoy now their reward in heaven for the r●…viling they had on earth , it being for Gods sake & his Church ] according to our Saviours promise , St. Matth. 5. 11. The first was a man for zeale to the Church , fidelitie to the King , prudence in Government , & constancie under affliction singular , & inimitable , & indeed for his excellent gifts onelic hatefull to the Disciplinarians , though especiallie because he through long experienec was of all Scotish men best acquainted with & ablest to detect their crosse wayes to the King & all Soveraigne Magistracie . He died piouslie , & peaceablie at Westminster in the second yeare of this rebellion , & was buried in the Abbey Church . The second was a great & assiduous preacher , even when he was blinde through extreme age , He also died in peace , & with the good report of all , except these calumniatores , who hold that no Bishop can be an honest man , & whose invention is so rich of nothing as reproaches against better men then themselves . The third was a reverend Praelate of great parts , & singular learning , a most constant preacher who lived in peace , & died in his bed . Rev. … that violent Commissioner the Earle of Dunbar . Ans. His violence did not carie him beyond his Commission , & because he executed that upon the rebellious Aberdene Assemblers , & would not take off some of his kindred or acquaintance who were in the jurie , that deliberatelie cast them in their verdict , nor intercede for their stay in Scotland , being desir'd ; you here meet with him at the Synod of Glasgow . Which being at large prov'd legitimate in every circumstance required by law , is in vaine condem'd as null by your faction . Nor was it corrupt in any more then three members of about 140. who being rotten drop of from the close union & harmonious suffrage of the rest . Rev : … got authorized in some part of the Bishops office . Ans. I hope you will not denie that Bishops were authorized to ordaine in this Synod . And into how many particulars their power of jurisdiction was branched your brother very pittifullie complaines… jurisdictio in omnibus offendiculis , sive in doctrina , sive in moribus … Armantur … potestate exauctorandi ministros , suspensionis censuram irrogandi , excommunicationem decernendi , &c. you may reade the rest , & then tell us what part of their office was left out . Rev. Superintendents are no where the same with Bishops , much lesse in Scotland . Ans. That they are aequivalent to Bishops is evident by the conformitie in their offices , & power . The particulars whereof His Lordship recites out of the fourth & sixt heads of your 1. Book Discipl . To which upon my Review I could adde some more , if those were not enough . Their ambulatorie commission , was no other then our Bishops ambulatorie visitation . If your onclic in the time before have any influence here , & exempt them from all duties in their visitation , but preaching the word , &c. you cut of three parts of their injunction in the Discipline . If they were onelie , as you say , for a time , it concerne●… you to tell us where they ceas'd , & denie there were any since , or ever shall be more but upon some future new plantation in your Churches Being pressed about obtruding your Discipline , you tell us . For the E●…clesiastike enjoyning of a general Assemblies decrees a particular ratisication of Parliament is unnecessarie . Which holds not where the particular decrees of your Assemblie transgresse the general intent of that Act whereby you are authoriz'd to meet . That relates to the times and matters to be treated of . In the former you are limited to custome , or praescription . In the later to the doctrine , & discipline receiv'd . Which are therefore ratified in such Acts together with your Assemblies , Presbyterie & Sessions , that obedience might be render'd upon the visible conformitie of your decrees , & injunctions to that rule . But to make any Act of Parliament so general as to ratisie at adventure all possible arbitrarie commamds of your Assemblie to the altering of the doctrine or discipline established , were to praecontract affinitie with all sects , & haeresies , & to enter into an implicite league , or Covenant with the Devil about his worship , so it may be de futuro ad placitum Synodi generalis . Let me put this case , suppose a general Assemblie should , by an Ecclesiastical decree , enjoyne the canons of that Antichristian government against which you praetend your discipline is framed . Whether or no is that injunction authentike upon the general A & of Parliament for their Assembling without a particular ratification thereof ? I might adde how ridiculous it is for you to make the power of your Assemblies so absolute , & yet trouble King , & Parliament so often with your importunate petitions to passe what is fullie ratified before , & that by their owne General Acts including that very particular for which you supplicate . The debates about the second booke of Discipline I beleeve : But that in the Assemblie 1590. the Kings consent to it was obtaind , I can sooner admit upon undeniable authoritie , then your Logike , you pretend not to the perpetuitie of His Majesties personal praesence which was but some times , & it should seem , not at that time of general consent . Nor is your Act for subscription so cleare in the assurance you give us that His Majesties Commissioner was there , you onelie take it for granted he was among the herd . Nor so explicite in his positive consent , you onelie collect it from a clowdie universal , & to serve your turne , honour him with a primacie in suffrage . Wherein you are a litle redundant in courtesie , there having been a time when if His Majestie , or His Commissioner siting in Assemblie should denie his voyce to any thing which appear'd unjust , & repugnant to his lawes , yet it that were concluded by most voyces , you would tell him he was bound jure divino to inforce obedience to your Act. The case , for ought I know , stood no otherwise here in this Assemblie . Where , to discountenance the testimonie you bring , you have been told long before now , That the superintendents of Angus , Lothian Fife , &c. George Hayes Commissioner from the North. Arbuthnoth of Aberdene , & others were dissenters from this Act about the discipline , whereby His Majesties , or His Commissioners consent becomes somewhat improbable , to the authoritie whereof such men as they had in prudence submitted , if not in dutie by their silence . That States-men in Parliament oppos'd it is evident . That the King ever endeavourd to get it passe , is your single assertion . Neque usquam sictum , neque pictum , neque scriptum . If your Church did , it was for want of worke , for you told us even now , To this a particular ratisication of Parliament was unnecessarie . What the Bishops opinion is about the patrimonie of the Church , how farre , & by whom , & what part of it may be law fullie alienated , when just occasion is given , I praesume His Lordship freelic , & faythfullie will declare . In the meane time his chalenge against the Scotish Presbyterians is without hypocrise , & injustice , Himselfe & many other good Prelates having ever aesteem'd it a fault , to call the annexing some part of the Church revenues unto the crowne a detestable sacriledge before God. Nor can Mr. Baylie instance in any indefinite disputes , including all that hath been , or shall be given to the Church , that have hapened since the first reformation between the Kings , of England & their Bishops . Who had they found their Princes rapacious sequestratours , would not have failed in their dutie modestlie to admonish them of the danger , yet had it , may be , abstained from calling them . theeves & murderers , peculiar termes characteristical of the Discipline-To which I thinke I shall doe no injustice , if I assert that the revenues of Bishops , Dcanes , & Arch-deacous , of Chapellries , Friaries of all orders , together with the sisters of the seenes , ( abstracting from the favour of Princes ) no more belong to the Scotish Presbyters , then they doe to the Mufties of the Turke . The intention of the doners having never been that such strange catell should feed in their pastures . Nor can M. Baylie shew me any law that makes him heir to Antichrist , or a just inheriter of his lands . Beside , methinkes the weake stomack'd brethren should take checke at the meate offered unto idols , & any silken sould Presbyter be too nice to array himselfe in the ragges of Rome , or be cloth'd at that cost that belong'd to the idolatrous Priesthood of Baal . But , it may be in the heate of Reformation , they went to worke with the coyning irons , which they more then once got into their possession , & with them altered the impression of the beast . And the mattokes & shoucls . Which other armes being wanting , they very often tooke in their hands , were , possiblie , onelie to turne up the Church land , & whereever crop had been reap't by Antichrist , that abominable glebe went downe to the center of the earth . What he talkes about the Praelatical jus divinum , & their taking possessions by commands from Court without a processe , requires his instance , & then he shall have his answer . In the interim he playes the hypoctite in a question : What if then , [ the Disciplinarians ] had gone to advance that right to all jusdivinum , when the Assemblie at Edenburgh did so April 24. 1576. But he sayth , all the Scots can be challeng'd for , is a mere declaration of their judgement & simple right in a supplication to the Regents Grace . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . These Scots judgement was not allwayes in righteousnesse , and their simplicitie in supplicates had many times more of the Lion then the Lambe . Witnesse that to the Queen Regent 1559. where they declare their judgements freelie as true & faithfull subjects , they tell her , yet this is the style of that declaration …Except this crueltie be stayed by your wisdome , We shall be compelled to take the sword of just defense , &c. …If ye give eare to their pestilent counsel…neither ye , neither yet your posteritie shall at any time after this finde that obedience & faythfull service within this Realme which at all times ye have found in us . In the assemblies supplications to the Lords of secret Councel , May 28. 1561. the second article annexed to , which was for the maintenance of the ministerie , this . Before ever these tyrants & dumbe dogs Empire above us…we…are fullie determin'd to hazard life , & whatsoever we have recived of God in temporall things…And let these enemies of God assure themselves , That if your Honours put not order unto them , That we shall shortlie take such order , That they shall neither be able to doe what they list , neither yet to live upon the sweat of the browe . December 25. 1566. They order requiring instead of Supplicating & Churh censures to the disobedient . Their sixt head of Church rents in the first booke of Discipline runnes very imperiouslie upon the must . The Gentlemen , Barons , &c. must be content to live upon their just rents , & suffer the Kirke to be restored to her libertie . And Jul. 21. 1567. They tell them they shall doe it , & shall passe nothing in Parliament untill it be done . That ever any assemblie in Scotland did make any other addresse to the Parliament for stipend , then by way of such humble supplication , I grant , is a great untruth . Nor were onelie the birds thus petition'd for , but time after time all tithes , rents , & whats●…ever could be comprized under the patrimonie of the Church , were demanded as insolentlie as could be , which meetes me every where in their storie , as frequentlie as Mr. Baylies dissembling , & falsifying in his Review . In the last instance the Bishop denies not but there was a time when a kinde of Presbyteries was legallie approv'd & receiv'd , And this I presume he will admit to be after the Assemblie 1580. About which allreadie you have indeed alledged more untruth then you had authoritie to shew for it . I have given you as much as that you brought will beare . What His Lordship brings here is another discoverie . That you did erect them in your Assemblie Acts , & put them in execution , as farre as you durst before any Parliament had pass'd them . And Synodicallie established such , as no Parliament had passed . For this he cites your Acts of several Assemblies , which you must either disavow , or unriddle what the mistake is you impute . Vnlesse you thinke good to save that labour , & confesse aswel as other your Brethren , what is so manifest in your storie . The particulars of your proceedings herein , Arch-Bishop Bancroft long since collected in his booke of Dangerous Positions : Where he shewes how you not onelie acted your selves at home , but sent your emissaries into England to see the like practice there in the very face of Episcopal Government . What other reasons , beside the recalling the Church patrimonie , caus'd the refusall of your second booke of Discipline , I told you before . Which with the rest may suffice to the vindication of what the Bishop premiseth in proofe of the conclusion he makes That the Dissiplinarians by their practies have trampled upon the lawes , & justled the Civile Magistrate out of his Supremacie in Ecclesiastical affaires . His Lordship proceedes to his scrutinie of your doctrine , wherein if he yet be more happie , as you courteouslie tell us possiblie he will , I shall take you to have the spirit of Tirestas , & having justlie lost your eye-sight for rash judging , to be now better at prophesying then reviewing . Which immediatelie appeares , by your wandring at noonday , & being at a losse for that which every man may finde in the very place cited by the Bishop . None are subject to repaire to this [ the National ] Assemblie to vote , but Ecclesiastical persons , &c. This His Lordship conceives to crosse the Kings supremacie , which being aswell Ecclesiasticall as civile , gives him a power of voting & presiding in Assemblies . Nor was there ever act of free Parliament in Scotland , old or late , nor any regular justifiable practice of that Church , but reserv'd this power to the King , & his deputed Commissioner , without being chosen member of any Presbyterie , or made a ruling elder in a National Assemblie , which your booke of Discipline calls the generall Eldership of the Kirke . Your hypercriticizing upon his thoughts ( while the spirit of divination comes upon you ) makes his Lordship no Super-Erastian in his doctrines . Though what transscendent haeresie there is in a moderate answer to the malice in your question , any of your aequitable comparers may reade in what Vedelius , and Paraeus ( no herctikes I hope ) have published to that purpose , as the doctrine of all reformed Churches ; the one quoting Bellarmine the other Stapleton as proper patrons of the Sub-Erastian principles in the Discipline , & Vedelius , in his preface giving the world a caveat of the danger by the mischiefe it had brought upon England & Scotland in the yeare 1638. How opposite they were to the Disciplinarian language , & sense in that particular which the Bishop remonstrates , these single propositions can evidence . Multo magu est Christiani Magistratus non solùm apprehensivè , & discretivè , sed & definitivè de religione judicare , Here a definitive vote is asserted to the Magistrate …ad Magistratum pertinet judicium de religione , seu rebus fidei , & causis Ecclesiasticis…tum formaliter , tum objectivè . Hereby a formal judgement in religion is attributed . And this Doctor Rivet , who , I am told , is call'd , & reverenc'd in the French , & Dutch Churches as the Calvin of these times hath vouched under his hand to be the Catholike doctrine of the Reformed . If he had not , we are sure it was the primitive practice of the good Christian Emperours to assume it , to whom our conformitie is requisite . Of Constantine the great , who was personallie present in the Councel of Nice ; & is sometimes called koinonos épiscopoumenon for his communite of suffrage with the Bishops . Of the Emperour Theodosius , who in the Councel of Constantinople sifted the several Confessions of the Arians , Macedonians , Eunomians , & as Brentius relates it , cast himselfe upon his knees , craving the assistance of Gods spirit to direct him in the choyce of what was most consonant to the doctrine of the Apostles . Which epicrisis , or completive judgement , submitted unto by the Ancient Synods , had these authoritative termes to expresse it . Bebaioun , épipscphizesthai épisphragizesthai , cratinein , cratioun , epikyroun , tàpepragmena , To the exercise hereof the Discipline of your Reformed Brethren in these Countreyes not onelie admits , but craves the presence , & suffrage of Delegates from the supreme Magistrate ; without which their Synodical Acts are not establish'd . Quin etiam summi Magistratus delegati sunt postulandi , ut in ipsorum praesentia eorumque suffragio Synodi Acta concludantur . Nor did K. James any more in the Conference at Hampton Court , then when in freedome . He would have done in any Scotish Presbyterian Assemblie , though he hated the name & thought of the thing , when somewhat was propounded that did not like him , put it of with Le Roy Pavisera . Rev. Yet the most of the prelatical partie will not maintaine him heerin . Ans. Bishop Andrewes will in his Tortura Torti & Bishop Field ( whom your friend Didoclave calls Hierambicorum eruditissimum ) in his volume of the Church , beside many others . And possiblie those that seem to be opposite may be reconcil'd , if you have the maners to let them state the question among themselves . The chiefe case wherein they [ not you ] instance of Leontius Bishop of Tripolis in his answer to Constantius the Emperour may be attended with circumstances which may terminate the dispute , if not , we must not take it on their word , that , for that , as well as his other more regular demeanour he is own'd by Antiquitie to be kánon ecclesias , as Suidas records , The rule of the Church . However , it behoves you to cite your lawes to which the Bishops assertion is contrarie , And I shall cut you short of that pompous traine which your vanitie holds up in the universal of all the Princes that have lived in Scotland , & confine you to two , ( the rest being by their Religion unconcern'd in voting ( though not in permitting ) any Disciplinarian decrees ) King Iames , & the holie martyr King Charles the first , who I hope you have not the impudence to say ever made profession so derogatorie to their right . In what followes you practise over the fisher-man in the fable , from whom you know , that unlesse you trouble the water it is in vaine for you to cast in your net , & if you catch nothing for the Discipline you must sterve . The whole paragraph is naught but a malicious seditious inference of your owne , whereby you affixe an odious sense to the dutifull attributes of Royal prerogative , & your owne guilt causing a trembling in your joyuts at the thought of a scepter , you buselie creep under the protection of the club . The name of Parliament you make but a pandar to countenance the wanton license of your Assemblies , & the great seale you would have set to , nothing but an indenture of the Crownes perpetuall servitude to your Synods . The Prelates Cabin divinitie ( which sea language you 're in love with since your voyage into Holland ) came often above decke with very innocent loyal intentions long before these times of confusion , which your Consistorian divinitie hath wrought , And though you take your selfe to appeare as ominous as Caster without his brother in the shrowds , it feares no shipwra●…ke by any storme you can raise , nor lookes through your cleare prediction upon its ruine . You have not hitherto found such a fate in your words as to produce a consequential necessitie of the banishment of Marquisses & Bishops from Court , though divine justice may hereafter inspire our Soveraigne to returne this judgement upon your heads , who are ever breathing murder , & exile into his eares . For while such popular Sicophants , as you , are suffered to live in any Monarchs dominions , neither can the People be secure of their peace , nor Princes of their lives . K. Iames spake it plainlie , when he sayd , A Scotsh Presbyterie as well agreeth with Monarchie , as God & the Devil . Such Reviewers who looke but halfe way home into the original of crownes , are cleare everters of the first foundation of Kingdomes , which made Kings some what more then siduciaries of the people , whose solid peace consisted in an hur●…ble active submission to their just commands , & a Christian quiet passive obedience if tyrannicallie imperious . This to be sure would keep the best part , if not the best partie , from ruine , till the high hand of heaven over ballance their temporall sufferings with an aeternitie of reward , where no malecontentment can be to come . To the second challenged principle your answer is very slight , & impertinent . And would I undertake a farre more unpleasing imployment then Phocion had in chiping Demosthenes , for which he was call'd kópis ton lógon , I should make a slender instrument of your review , there being beside the extravagancie of your railing language , your malicious enlargements in false commentaries , diverting your Reader from the genuine orthodoxe meaning of the text , drawing him into an intricable labyrinth of jealousies & feares , the chimaerical brats of your owne braine ; which you would faine lay at other mens doores , scare sixe pages in your booke that are a direct answer to the Bishop , which I can not impute to your ignorance , but your cunning , who feeling your selfe held closse by the necke in the letter of your lawes & Assemblie Acts , would very fame winde your selfe out of the controversie , or run away with it into any Church , or Countrey but your owne . In this paragraph the Bishops citations prove what he intends ( nor dare you , I see , denie what you are too conscious you maintaine ) It having never been your practice , but when you could not doe otherwise , to wait the Kings , or Queens call for your Synods . In the yeare 1561. Knox writes expresselie , That gladlie would the Queen & her secret Counsel have had all the Assemblies of the Godlie , ( that is the Rebellious Disciplinarian ) discharged . They notwithstanding make a convention , the businesse comes to dispute , Mr. Secretarie Leshington makes a doubt whether the Queen allowed it or no , to whom was this answer returned . If the libertie of the Church should stand upon the Queens allowance , they were assured not onelie to lacke Assemblies , but also to lacke the publike preaching of the Euangel . In the beginning of your late commotions the Historian that so officioussie styles himselfe the Parliaments Secretarie mentions a writing publish'd by you , wherein you affirme . That the power of calling a Synod , in case the Prince be an enemie to the truth , or negligent in promoting the Churchs good , is in the Church it selfe . And that the state of the Church of Scotland at that time was necessitated to such a course . Nor doth your Disciplinarian doctrine make the Christian Magistrate any more then your Baylisse to take up your rents , or the Captaine of your guard to defend you ( Vedelius renders it in more harsh language… faciunt ex iis [ Magistratibus ] mancipia , imò lictores & curnisices Episcoporum seu Ministrorum Ecclesiae ) To advance the Kingdome of Iesus Christ. …To defend it against all that would procure its hurt… To ●…ssist & fortisie the Godlie proceedings of the Kirke in all behalfes… To see that the Kirke be not invaded… To hold hand as well to the saving of the Ministers persons from injurie & openviolence , as to their rents & possessions . Finallie , not a word is there in all that chapter or booke that asscribes to him a syllable of this power , So that the King may call a Synod when , & whersoever he thinke sit , & if the toy take you in the head to anticipate , or procrastinate his time , you will assemble when , & wheresoever you please for you tell him he ought to heare , & obey your voyce . And your friend Didoclave averres this to be a businesse that hath no absolute dependance upon him , Non absolute , & simpliciter pendere a Christiano Magistrat●… . If when you have a minde to meet he prohibites , that must make no demurre , non cunctandum est , non cessandum ab officio … For this you pretend an intrinsecal power touching which I demand what it is , when , where , & how farre to be exerciz'd . What old or late dutifull Christians did use it when any Christian King did forbid it . Who of the Praelatical partie they be that maintaine it in their writings or practice , for I know none that in either extend it to a like latitude with you . And how many soever you have of the Papists , all the Popes are not of your side . Leo confessing that he had not power to call a Counsel but the Emperour , nor durst Liberius call one against Constantius pleasure . The necessitie you frame of meeting for the execution of the Discipline even in times of persecution may have reference to an heathen Magistrate or Christian. If to the former , you doe it either in confidence of your power to resist him , in that rebellion , wherein how are you justified ? Or else you runne desperatelie upon your ruine , which is selfe murder no martyrdome , for Quis requisivit ? by what praecept , or counsel is it required at your hands ? If to the later , there may be at least a sallibilitie in your judgements , if not an obstinate perversenesse in your will. Et quis vos judices constituit ? who made you , that are parties , Arbitratours ? If at any time the ancient Christians assembled , it was where no Imperial edict restrain'd them . And then the learned Grotius tells you , Non opus fuisse venia , ubinulla obsturent Imperatorum edicta . What private conferences they had in the times of heathenish persecution , you know by their apologies were voy'd of suspicion , which yours never were , but anomia ergapiria the very shops or Laboratories of rebellion . The Church is not dissolv'd where dissipline's not executed : if it were , it should be , where it is , at the pleasure of the Magistrate , suspended . To imagine a final ineapacitie of meeting , by perpetual succession of Tyrants hath litle either of reason or conscience , it assaults the certitude of fayth in Gods promises , & advanceth infidelitie in his providence . But to give you at length your passe from this paragraph . Such as you , in a schismatical Assemblie , may , & have frequentlie in Scotland pinn'd the character of erroneous upon an upright Magistrate , & a Disciplinarian rebell to save his credit call'd a Royal moderate proclamation a tyrdnous edist . The Bishops third allegation you finde too heavie , & therefore let fall halfe of it by the way . You have too good a conceit of your Parliaments bountie , though had they been as prodigal as you make them , it litle becomes you to proclaime them bankrupts by their favour : Their Acts were allwayes ratified by your Princes any which , & whom tell me one wherein this right Royal was renounc'd of suspending seditious Ministers from their office , or if cause were , depriving them of their places . It were a senselesse thing to suppose that the Bishop would denie to the Church a proprietie to consult & determine about religion , doctrine , haeresie , &c. Yet its likelie His Lordship allowes it not in that mode which makes her power so absolute as to define , consummate , authorize the whole businesse by her selfe . He hath heard the King to be somewhere accounted a mixt person , & thinkes it may be that the holie oyle of his unction is not onelie to swime on the top , & be sleeted off at the pleasure of a peevish Disciplinarian Assemblie , but to incorporate with their power . The lawes of England have not been hitherto so indulgent of libertie to our Convocation , but that the King in the cases alledged did ever praedominate by his supremacie . And the Parliament hath stood so much upon priviledge , that if Religion fetch'd not her billet from West-minster , the could have but a cold lodging at St. Pauls The booke of Statutes is no portable manual for us whom your good brethren have sent to wander in the world , yet I can helpe you to one An. 1. Eliz. that restor'd the title of supreme to the Queen , & withall provided , that none should have authoritie newlie to judge any thing to be haeresie , not formerlie so judged , but the High Court of Parliament , with the assent of the Clergie in their Convocation . Where the Convocations assent , by the sound , should not be so determinative as the Parliaments judgement , which ( right or wrong ) here it assumes . As touching appeales ( because you will have somewhat here sayd , though it must be otherwhere handled ) No law of Scotland denies an appeale in things Civile or Ecclesiastike to the King. One yet in force enjoines subjection unto them , the Act of Parliament in May 1584. which was , That any persons , either spiritual or Temporal , praesuming to decline the judgement of His Majestie , & His Councel , shall incurre the paine of treason . What you , call a complaint is in our case an appeale , what taking order , is executing a definitive judgement , without traversing backe the businesse to Ecclesiastike Courts , or holding over the rod of a coercive power to awe them into due regular proceedings . I confesse this the Presbyters in Scotland never made good by their practice . Their appeales were still retrograde from the supreme Magistrate , & his Councel to a faction of Nobles , or a seditious partie of the people . Such is that of Knox , printed at large . Or which in effect is the same . The Scotish Assemblies , when they had no power , appeald to providence , when they had whereupon they might relie , unto the sword . In case of Religion , or doctrine , if the General Assemblie , which is not infallible , erre in judgement , & determîne any thing contrarie to the word of God , & the sense of Catholike Antiquitie , the King may by a court , of Orthodoxe Delegates , consisting of no more then two or three ( Prelates if he please ) receive better information of truth , & establish that in his Church . Or , which often hapens in Scotland , If the Presbyters frame Assemblie Acts derogatorie to the rights of his Crowne , & prejudicial to the peace of his people , the King may personallie justifie his owne praerogative and keep the mischiefe they invented from becoming a praecedent in law . This doth not the word of God , nor any aequitie prohibite . The judgement of causes concerning deprivations of Ministers in the yeare 1584 you would have had come , by way of appellation , to the General Assemblie , & there take final end ; but this you could not make good within yourselves , nor doe I finde , upon your proponing & craving , it was then , or at any time , granted you by the King. Two yeares before , you adventurd not onelie for your priviledge in that … but against the Magistrates puting preachers to silence…hindering , staying , or disannulling the censures of the Church in examining any offender . Rev. In the Scotes Assemblies no causes are agitated but such as the Parliament hath agreed to be Ecclesiastike , &c. Ans : If any Parliament have agreed all causes of what nature soever , to be Ecclesiastike by reduction , & so of the Church cognizance , you have that colour for your pragmatical Assemblies : but if you admit of any exception , you have for certaine transgressed yourlimits , there being no crime , nor praetended irregularitie whatsoever , that stood in view , or came to the knowledge of the world , that hath escaped your discussion , & censure , & not been serv'd up in your supplicates to be punished . Rev. … No processe about any Church rent was ever cognosced upon in Scotland but in a Civile Court , Ans. Your imperious , though supplicatorie , prohibition 1576. I allreadie mention'd . In the Assemblie at Edenburgh , April 24. 1576. You concluded…That you might proceed against unjust possessours of the patrimonie of the Church…by doctrine , & admonition , & last of all , if no remedie be , with the censures of the Church . In that at Montrosse June 24. 1595. About setting Benefices with diminution of the rental , &c. you appointed Commissioners with power to take oaths , call an-inquest of men of best knowledge in the Countrey about , to proceed against the Ministrie with sentence of deposition . Master Tho. Craig & the Solicitour for the Church , to pursue the Pensiionars in Caitnes for reduction of their pensions . If in no particular you actuallie proceeded to Church censures , It was because you foresaw they would not restraine the corruption no more of the laitie , then the Clergie , & then your menasing petitions sometime obtein'd strength from some partial , or pusillanimous Parliament ; or when you praevail'd not , you wrapt this up with the rest of your discipline , & put all to the processe of a warre . And this was , you know , the mysterious sense of Knox's method , upon good experience , praescrib'd on his death bed : First protest , then denounce vengeance , & then to the execution thereof seeke redresse of God & man. Of God by fasting as you did order for this very cause ( wasting of the Church rents without remedie ) in the Assemblie at St. Andrewes 1582. Of man , by rebelling , which you practis'd not long afterward . With which godlie advice that saint shut his teeth , & departed if not ( after a minutes repentance as I hope ) in litle better peace , then he had liv'd . To what followes in the Bishops charge , the legislative power they praetend to , To make rules , & constitutions for keeping good order in the Kirkc . To abrogate , & abolish all statutes & ordinances concearning Ecclesiastical matters that are found noysome , & unprofitable , & agree not with the time , or are abused by the people . And all this without any reclamation , or appellation to any judge Civile , or Ecclestastical , we have not one word in answer from Mr. Baylie . Andindeed being taken up so much with his seemings , & fallacious apparences , he may sometimes overlooke the realities of what allegations he dislikes ; for this indeed he had very good reason , knowing the natural , & inseparable connexion to be such between it & the power of jurisdiction , that to whomsoever belongs the supremacie of the one , upon him necessarilie descends the praerogative of the other . For the fourth objection . If the Reviewer had minded the ill consequences upon the antecedent of Ecclesiastike jurisdiction by divine right , he would not have held that conclusion at large without professing an infallible assurance that it is haereditarie to the Presbyterie . Some danger there may be of drawing after it an adaequate right in that ominous Episcopal order , which with no great difficultie may be prov'd from time , to time to have executed this jurisdiction he meanes . How soever this inconvenience he gaines by it , That , if it be such , it is indispensable , & turnes all the confessed indulgence of the Scotish Assemblies into sinne for Nulli homini licet cuiquam juris aivini gratiam facere . What divines there have been in the world of another minde ( which are all except Donatus the haeretikes disciples among the rigid Papists , Anabaptists Scotish & Scotizing Presbyterians , who demand as boldly as their Master ) ( Quidest Imperatori cum Ecclesia ? ) he may reade ( though I looke not that he , nor all his brethren should muster up abilities to answer ) in the nineth chapter of the fore-cited famous Grotius's booke . Vnder the safe conduct of whom the Bishop may travaile with the truth of these contradictions about him through all the Assemblies highway men of the Scots . That all Ecclesiastike power flowes from the Magistrate…penes Ecclesiasticos judices per Archiepiscopos & Episcopos derivata a Regia potestate Jurisdictio Ecclesiastica consistit . That the Magistrate may praescribe a rule how Ecclesiastike censures should be regulated , & in case of resistance , see them executed by his power . Constitutum fuit eis ergon ●…d krinomena para ton episcopon agein tous archontas kai tous diaconoumenous autois stratiotas . That all the ofsicers praetended to be appointed by Christ for the Government of his Church , if they governe it not according to his , & Apostolike example , may be lay'd aside , & such a kind of Governers be put in their place as the Magistrate shall be pleased to appoint , as more just , & upright stewards in that trust . Non frustra gladium gerit potestas , sed vindex est in omnes male agentes , ergo etiam in eos qui circa sacra delinquunt…Iurisdictionis enim est relegare 〈◊〉 loco sive in locum…That it is not yet universallie , & unquaestionablie defin'd that the spiritual sword , & Keyes are in any other then the hand of Christ. Nor that ever his Apostles , & Priests layd claime to an absolutelie intrinse●…al right to execute the power of either Vtinam exscindantur qui vos perturbant . Videtur non imperantis sed optantis Apostoli , That for the sword . Sacerdos quidem officium exhibet sed nullius potcstatis jura exercet . That he cites out of St. Ambrose for the Keyes , him I cite , but doe not , being not oblig'd , assert any thing . Your difference herein ( I meane the power of the Magistrate ) from the Warner is Donatisme an haecesie so great as deserv'd , it seemes , to be anathematized by the Catholike Church your practice schisme , whereby you rend your selves from the Congregations of all the Reformed , as Vedelius hath shew'd you , And whether it be not rebellion by your lawes , I leave to the verdict of your 15. Godfathers , who gave it in to be such against your differing brethren at Aberdene . Had Mr. Baylie in his answer , to what he calls the last challenged principle , tooke upon him to alter that axiom in Ethikes , & make it , Nolenti non fit injuria , the dispute had been onelie whether his authoritie , or Aristotles ; should have caried it , But when he deletes the commentarie upon it , he conjures the sense into a circle of his owne by such language as none but himselfe , & his spirits understand , Indeed for a madman to have his hands bound , who , were they at libertie , would doe himselfe mischief , For a sicke man to have physike forc'd into his stomake , which may worke his recoverie , otherwise desperate , if his aversion be countenanc'd , may be courteous violence improv'd to their good ; But to contervene a Magistrates commands praetending punctual obedience thereby , if not an advancement of his power : To wrest the sword out of his hands , & disarme him for the securitie of his person ; is a piece of invisible justice , & a favour left by all law and reason to be whollie at the disposal of the Discipline . But in Scotland , you say , there is no such case , &c. Which must relate to mater of fact , or right : If to the former , I must crave libertie to averre , That scarce any one of your Synods proceedings was ever freelie justified by the consent of the Magistrate for the time . That most were not , I have , & shall sufficientlie prove here , & otherwhere . If to the latter , your selfe confesse that your booke of Discipline ( which includes the jurisdiction you have ) could not passe the Parliament 1590. Nor can you make appeare where ever after it did with an exception onelie against the chapter D●… Diaconatu . In what followes , you pretend too much acquaintance with the King , to know what His Majestie controverts in his thoughts , with whom , I have hear , your late treatie was not so particular & closse as to make what discoverie you wished , & aim'd at , And what you did is not so authoriz'd as to strengthen your proofe , His Royal , & too gracious concessions having met with such unworthie , imprudent , refusal by persons , through habitual rebellion , not yet disposed to their good . As touching the case which the Bishop intimates , I can not wonder the account of it so odious as not to be met with by your answer , since it sets in your sight the horrour of your many yeares sinne , with the guilt of which you would gladlie runne into dens , & caves , or move the hills , & mountaines to cover you . In the meane time in vaine you hope to have any the an●…nt Christians companie , Who in times of their persecution never held publike Assemblies in their Edenburghs Imperial Cities , never arm'd themselves to maintaine the divine ordinance of the Discipline , Though , had they done it , litle would their praecedent availe you , the just imposition of a Christian King being very unlike the heathen Emperous persecution . Nor was the Presbyterie , that divine ordinance of Discipline , practiz'd by the persecuted in the wildernesse . Mr. Baylie in this time , by his affected diversions , & devious mazes , having run himselfe halfe out of breath , begins to thinke on the shortest way home , to finde which he takes a large leape over the hedge ( & by vertue of some Disciplinarian priviledge passeth , two whole pages of consequence unanswer'd . Perit libertas nis●…tlla contemnis , quae jugem imponunt ) yet not so cleare , but that one bramble hath catch'd him by the sleeve , & , if the truth were known , I beleeve , many more have prick'd him to the heart , for one of most danger I advise him to seeke out a timelie remedie , & stand to the charitie of his aequitable comparers for the rest . 't is that sharpe quaestion which the Bishope propounds . Who shall judge when the Church is corrupted ? the Magistrates or Church-men ? If the Magistrates , why not over you aswell as others ? If the Church-men . why not others aswell as you ? Mr. Gilespies Theorem . because pressing such downright rebellion he , without any brotherlie love , leaves on the shoulders of a single Presbyter , & will not afford one fingar of the Presbyterie to ease him , though the tantamout be not so unconsequential as to need a stake to helpe it downe in a swallow , It being very well know'n that if Mr. Baylie should not tantamont in this businesse , the Assemblie brethren would give him a drench in the Scotish horne , & send him to grasse with the long-eard creatures , as being no fit companie for the late more rational rebells in a Synod . The consequence , if it must need be such , from one particular , denied by none , to a universal affirmative , as strange as it lookes , may be made good by the new Disciplinarian logike , Mr. Baylie himselve having more then once profess'd an identitie in the Scotish with the Reformed disciplines abroad , in the harmonie of which I finde such a canon as this . Si Minister donum habet aliquid ad aedificationem conscribendi , illud typis non mandabit , quin prius a classe examinetur , & probetur . From the Classe he knowes it takes a remove to the provincial Synod , & thence to the national Assemblie . Now if the Reviewer will not tell us in what Assemblie , Mr. Gilespie was censur'd , or this theoreme of his disavow'd , because it will be such a singular case as never was heard of , Rebellion disclaim'd in a Scotish Presbyterian Assemblie , otherwise then in a Catholike mist which never drops in any particulars , he shall have the reputation of catching this unconsequence for once . But as the Bishops sayth , Take nothing , & hold it fast if he can . Beside he knowes there are many other such theoremes of Mr. Gilespies upon which the Bishop hath built many high accusations , which the Discipline must acknowlege , & must be meant to be of that number which had the approbatorie suffrages of the Vniversities in Holland viz. Leyden , & Vtrecht , or else he spake litle truth , and as litle to the purpose in his Epistle . Yet to helpe him to somewhat of better authoritie . He is desir'd to take notice , That the substance of this theoreme was not declin'd in a protestation made ( he knowes by whom ) in Edenburgh Parliament 1558. In the dutifull letter to the Queen Regent from the faythfull Congregation of Christ Iesus in Scotland 22. May 1549. In another from the Lords of the Congregation , 2. Jul. 1559 : In an answer to the Queenes proclamation by the Lords , Barons , & other brethren of the Congregation 1559. In a declaration of the Lords against another proclamation of the Queenes 1559. To all thesé 't is undeniable that the Assemblies adhaer'd , or indeed rather the Lords &c , to them . In the Church Assemblie's supplication 28. May 1561. In the vote of the whole Assemblie 1563. In the Superintendents , Ministers & Commissioners letter to the Bishops , and Pastours in England they write , If authoritie urge you farther ye ought to oppose your selves boldlie , not onclie to all power that dare extol it selfe against God. but also against all such as dare burthen the consciences of the faythfull ( they mean'd the same opposition themselves made in Scotland ) In the seventh article fram'd by the Assemblie 1567. Beside what was very particularlie pressed by Knox in Sermons , Conferences , letters , &c all acknowledge the sense of several Assemblies . But all these authorities are absolet , the several ends of such speaches , & actions being long since accomplish'd in Scotland . However , M. Baylie denies that the maxime in hand was the fountaine of any our late miseries , or the cause at all of the losse of our Soveraigne . Fati ista culpa est , nemo fit fato nocens . If he had but in kindnesse delivered his meaning at large , & quitted aswell his independent brethren of their bloudie performance in the fift act , as he doth the Presbyterian properties that caried on the rebellion in the foure first of the Tragoedie they might have masked merrilie together in their antike disguises of innocencie , & pointed out to some sillie credulous spectators the guilt of this horrid murder in the starres . But I shall reach him a ladder , where by he may ascend to the top of this truth , ( not aninch higher then Edenburgh Crosse ) & what else he wants when he comes there , to doe justice accordinglie as he shall be enlightned upon his owne selfe for his share in this maxime , & unpardonable mischiefe , The first step hereof begins neare the ground with the meane , & baser sort of the people , who on the 23. Jul. 1637. when by his Blessed Majesties command , the service booke was to be read in Edenburgh Great Church , fell into the extraordinarie wayes of clapping hands , cursing , & outcries , throwing stones at the windowes , & aiming at the Bishop with a stool , Continuing this hubbub in the streets , besetting the counsel house , whether the reverend learned , & worthie Bishop of Galloway was forced to flie for his refuge . Their outcries being commonlie such as this . God defend all those who will defend Gods cause , & God confound the service booke , & all the maintainers of it , of whom the King must needs be mean'd to be one , who had expressclie authoriz'd it . Vpon this follow two extraordinarie petitions , one in the names of the Noblemen , Gentrie , Ministers , Burgesses against the service booke , & booke of Canons , which being not answerd to their mind at Sterlin , & otherwhere , themselves in protesting did the same thing which they had call'd the uproare of raskals at Edenburgh . From protesting they mount up to covenanting , & by that engage multitudes of people to attend them at pleasure in affronting His Majesties Commissioner . With whom when they came to capitulate they gave this extraordinarie answer , That they would rather renounce their baptisme then Covenant ( good Christians ) or abate one word or syllable of the literal rigour of it . If Mr. Baylie hath any minde to goe farther , I shall desire him to step up beyond the preachers perswading the people to arme themselves & to meet in the streets ( dutifullie ) to enter●…aine His Majesties proclamation . Their protestations against that & the rest , with such loyal expressions as this . That if the King will not call a general Assemblic , which shall allow of their proceedings , they themselves will. Their branding the subscription of their owne confession of fayth with the most hideous , & horrible name of the very depth , & policie of Satan . Their pulpit imprecations , God scatter them in Israel , & divide them in Iacob , who where the authours of this scattering , & divisive counsel , of whom ( as ●…range as it seeme ) the King againe must be principal . Their grand imposture in Michelson a mayd , about whom their Ministers cosin'd the people into an implicite fayth that she was inspired by God , & while the vented their devillish rebellion in her fits Rollokes blasphemous praetense for his silence , That he durst not speake while his Master was speaking in her . Another having these words in his Sermon . Let us never give over till we have the King in our power . Another , That the sharpest warre was rather to be endur'd then the least errour in doctrine or discispline . Their maintaining this position among the rest . That a it is lawfull for subjects to make a Covenant & combination without the King , & to enter into a band of mutual defense against the King & all persons whatsoever . Their laying open the true meaning of their protesting , Covenanting , Arming , &c. That Scotland had been too long a Monarchie & that they could never doe well so long as one of the Stuarts was alive . Their raising an armie for their extirpation , & meeting K. Ch. 1. to that purpose in the field . Their renewing & continuing , the warre when their first designe had been obstructed by His Majesties unexpected , unwelcome grant of their demands . Their reasonable dealing with the King when he unhappilie made their Armie his refuge , by cheating his pious facilitie of his strength , & delivering up his naked person to their fellow Rebells , upon conditions litle coulorable in words , not at all justifiable in substance , & sense , Their laying chaines upon His Majestie , when a prisoner , & linking his crowne with iron propositions . Beside what was acted at Derbie house & otherwhere in the darke , & not improbablie agreed on at C●…nthia's midnight Revells , when Cromwell was in Scotland . And all this under the fallacie of exstraordinarie resisting , reforming . And now let Mr. Baylie looke not up to the starres , but downe into the depth of hell , where that maxime was hammer'd before ever Gilespie fild it over , & see whether it were not the fountaine of all our miseries , & the cause of the losse of our late Soveraigne . The quaestion that followes about defensive armes ( though there hath been no such thing as a free Parliament , & without freedome 't is none ) I returne on himselve , & demand Did ever his Majestie , or any of his advised Counsellers , I adde , Did ever loyal Parliament in England , or Scotland , declare , or intimate in what cases , how extraordinarie so ever , they thought it lawfull ? I retort this . The unhappinesse of the Disciplinarian Presbyters did put the seditious part of the Parliament on these courses , which did begin , & promote all our miserie And were so wicked as to the very last to endeavour to breake the bands asunder of reason , justice , honour & a well informed conscience , wherein His Majestie professed to the world the hand of God , & the lawes of the land had bound him . The peaceable possession of His Majesties Kingdomes depends not upon his Clergies conditionate consent to have Episcopacie layd aside . A handfull of Scots , with an hypocritical Assemblies be●…ediction in their knapsackes , could they hold their wind when they got over Tweed , & swell up to the picture of Boreas in the face , would not be mistaken for probable Vmpires or over-ruling Elders , in the quarell . Nor can Mr. Baylie possesse any prudent men of the loyallay partie , that , that order obstructs the King from his happinesse . Why it may not be layd aside the unanswerable reasons in the 9. & 17. chapters of Eik . Basil. His Royal fathers booke will abundantlie satisfie any man , that will rest in what he can not denie . Where he will finde enough of such devout Rhetorike , & Religious logike as this I must now in charitie be thought desirous to praeserve that Government in its right constitution , as a mater of Religion , wherein both my judgement is sullie satisfied , that it hath of all other the fullest Scriptures grounds , & also the constant practice of all Christan Churches , till of late yeares the tumultuarinesse of people , or the factio●…siresse , & pride of Presbyters [ Reviewe that Mr. Baylie ] or the covetousnesse of some States , & Princes gave occasion to some men●… wits to invent new modells , & propose them under specious titles of Christs Government , Scepter , & Kingdome ( which are the Scotish titles as I take it ) the better to serve their turnes , to whom the change was beneficial . The reasons that convinc'd the Royal Father have so confirm'd the Royal Sonne His Majestie now being , that Mr. Baylie dares not say ( what he so praesumptuouslie intimates ) that he ever asked the consent of his Canterburian Praelates to the alteration of that government . If , without asking they spontaneouslie spake their conscience in due , season , there was litle boldnesse in it , & as litle in printing , which hath been often as much , & more at large , in volumes about the unlawfullnesse of subjects taking up of armes , where Parliaments have unanswerablie been proved to be such , though the name of tyrannie is very unhandsomelie , unjustie , maliciouslie used in this case , & let him speake out if he meanes to attribute it to the King. CHAPTER III. The last appeale to the supreme Magistrate justifiable in Scotland . THe Bishop consider'd that the Kings supremacie is the same in Scotland , as in England , & upon that grounds the aequitie of ultimate appeale . The altissimò either of the Parliament , or Assemblie puts them not above the capacitie of Courts , & so makes them not coordinate with the King. What allayes you have for government I know not , & therefore can not close with you in the terme , till you give me an undisputable definition of the thing , which you call a moderate Monarchie , & tell me in what part of the world I may finde it , I know of none any where yet that inhibites appeales to the Kings person , If the Empire may be the standerd to the rest , the learned Grotius , that had better skill in the lawes , then you , or I , sayth . That in causes of Delegacie semper appellasio conscssa fuit ad Imperatorem , si ex Imperiali jussione judicatum esset , aut ad Iudicum quemcunque , si ex judiciali praecepto , which holds good against your general Assemblie , if that judgeth earegali jussione , & that it doth so is cleare from your Assemblie Act , April 24. 1578. wherein it petitioneth the King to set , & establish your policie , a part whereof is your Assemblie judication . That it is , for the most part , order'd to the King in his Courts , is not any way to confine his power , but to free him from frequent impertinencies , & unseasonable importnnities of trouble , or , it may be , a voluntarie , but no obligatorie , Royal condescension , to avoyd your querulous imputation of arbitrarie partialitie , & tyrannie in judicature . Therefore you injure the Bishop by converting his assertion into a negative confession , As if when he sayth it is to the King in Chancerie , he must needs acknowledge . It can be neither to the King out of Chancerie , nor to him there but with collaterall aequipotential ●…ssistants . Whereas your friend Didoclave complaines that our appeales are ever progressus ●…b unico ad unicum , wherein , whether he mean'd an aggregate , or personal unitie , I leave you to interpret . That an appeale is not permitted from your Lords of session , or Parliament in Scotland , is because whatsoever is regularlie determin'd there receives its ratification from the King. But if one , or other in their session without him , should determine a case evidentlie , undeniablie , destructive to the rights of his crowne , or liberties of his people , whether His Majestie may not admit an appeale , & assume his coercive power to restraine their license , I thinke no loyal subject in Scotland will controvert , As touching your Assemblies , King Iames tells you , It is to be generallie observed that no priviledge , that any King gives to one particular bodie , or state within the Kingdome of convening , & consulting among themselves ( which includes whatsoever they doe when they are convened , & consulting ) is to be understood to be privative given unto them , & so the King thereby depriving himselfe of his owne power , & praerogative , but onelie to be given cumulative unto them ( as the lawyers call it ) without any way denuding the King of his owne power , & authoritie . This His Majestie alledged against the Ministers at Aberdene , whom he accuseth not onelie of convening , but acting after they were convened , He particularlie mentions their setting downe the dies of the next Assemblie , & His Councel addes their end●…vour to reverse , & overthrow all those good orders , & godlie constitutions formerlie concluded for keeping of good order in their Church . If you alledge that His Majesties Commissioner was not there , then you grant me their acts are not justifiable without him , And that all are not necessarilie with him , I argue from the language of the Commission , whereby they meet , which limits them thus secundum legem , & pra●…im , against which if any thing be acted , upon appeale the Kings praerogative may rectifie it at pleasure , if not , any judge may praetend to be absolute , & then the King must be absolutelie nothing , having committed , or delegated all power from himselfe . What civile law of Scotland it is , that prohibites appeales from the General Assemblie , you should doe well to mention in your next , I know none , nor did King Iames thinke of any when he cited his distinction from the Scottish Lawyers , aswell as any other . Where an Assemblie proceeds contrarie to the lawes of God , & man , Which is not impossible , while it may consist of a multitude , men neither the best , nor most able of the Kingdome , the Bishop thinkes an appeale to a legal Court of delegates constituted , by a superiour power , might be neither unseeming , nor unreasonable . The law of old never intended they should be the weakest of all Court ; Where it hath so happened , by your owne rule , pag. 22. The Delegates , not Delegacie , are to be charged . Such heretofore in England as imployed mercenarie officials , for the most part , were mercenarie Bishops , & if they had been cut to the core , would have been found , I doubt , Disciplinarian in heart , though Episcopal in title . The Scots way of managing Ecclesiastical causes is not more just , because more derogatorie to the right of the King , And the late Martyr'd King found it not more safe , & therefore told Mr. Henderson plainlie the papacie in a multitude might be as dangerous as in one , & how that might be Gualter writ to Count Vnit-glupten in a letter . Emergent hinc novae tyrannidis cornua , paulatim cristas attollent ambitiosi Ecclesiarum pastores , quibus facile fuerit suos assessores in suas partes attrahere , cùm ipsii inter hos primatum teneant . He might have found the experiment of it in Scotland . Nor can it be more satisfactorie to those rational men , with whom the Bishops arguments are prevalent , beside what else may be effectuallie alledged against it . Allthough the two instances , the Bishop brings , for stopping appeales were accompanied with so many treasonable circumstances , as might have enlarged his chapter into a volume , & deleted the credit of a Scotish Disciplinarian Assemblie out of the opinion of all the Cristians in the world ; Yet His Lordship thought good to furnish his reader with better authoritie from the second Booke of Discip. ch 12. which shall here meet you againe to crave your acquaintance . From the Kirke there is no reclamation , or appellation to any Iudge Civile , or Ecclesiasticall within the Realme . The reputation of the two Reverend Arch-Bishops Montgomerie , & Adamson depends not upon the sentence of a turbulent , & envious Synod , much lesse any single malicious Presbyter in a pamphlet , with whom we know 't is crime hainous enough to be a Bishop , & shall not want his vote to make them excommunicate . Their manifold high misdemeanours are mention'd in the censure of the Presbyterie of Striveling , for admitting Montgomerie to the temporalitie of the Bishoprike of Glasgow , & his owne for aspiring thereto . Assemblie 1587. And of the other for taking the Kings commission to sit in Parliament 1584. In the last Act of which his commission is printed to register ●…his guilt . The principal of their evil patrons among the wicked States-men ( I meane next under the King , to whom you yeild that praerogative at least ) is sayd to be the Earle of Arran , who deserves that character for being second , at that time , in His Majesties favour , & he is sayd by your brethren to have taken them into the Parliament . So that , lay their commission , & Earle Arrans courtesie together ( which without the other had implied the pleasure of the King , ) they tooke not , without authoritie , upon themselves as you sayd ) the Episcopal office , nor place in that Parliament . Whether the pride , & contempt of the Prelates , or Presbyters were greater may be judg'd in the case of Arch-Bishop Montgomerie , by the Assemblies slighting not onelie His Majesties letters , but Messengers such as were two Heralds at Armes , His Master of Requests , who in the Kings name inhibiting their proceedings they send him word by Macgil they can salve their obedience , & yet goe through with the businesse , Setting up Durie , & Belcanqual , two Edenburgh Ministers , to raile against the E : Lenox , & when they are accus'd , quitting them by their Ecclesiastike praerogative . Putting their scholars at Glasgow in Armes , & occasioning bloudshed in resistance of the Principal Magistrates of that place , against whom they afterward proceeded His Majestie summous them to his judicature at St. Andrewes , they send their oratours instead of comming themselves . The King exchangeth a promise of securitie , for theirs of suspending the censure . They admit the condition , but collude with His Majestie , leaving an underhand power with some select brethren , to give sentence , as occasion should serve . When they get loose they contest with his Majestie by a serpent-supplicate , which when it creepes at the foot , wounds to the heart . Tell him boldlie he playes the Pope●… takes a sword in his hand , more then belongs to him . The Earle of Arran demanding who dares subscribe such a paper ; Andrew Melvin answers undauntedlie for himselfe , & some others , for hast snatcheth the pen out of a scribes hand that was neare him , writes his name , & exhorts his complices ro doe the like . By letter to His Majestie they shew how farre His Majestie had been uninformed , & upon mi●…nformation pr●…judg'd the praerogative of Iesus Christ , & the liberties of his Church ( what becomes of the Kings , when this is pleaded ? ) They enact , & ordaine , that none should procure any such warrant , or charge , under the paine of excommunication . Where K. Iames did acknowledge the aequitie of the Church proceedings in these cases I desire to be inform'd , I am sure K. Charles 1. many yeares since hath writ , That they did wickedlie , & that which they could not doe . And that it is a very reproveable instance . Which to have been ever his fathers opinion , I have under the hand of one of the most learned , knowing men , & eminent historians in your Kingdome , As likewise that they did never confesse their crimes , nor renounce their Bishop-rikes &c , but that they were most cruellie persecuted by that firebrand of schisme in the Kirke , & sedition in the state , Andrew Melvin & his subscribing Associates , & made so odious to the people by their excommunication , that they suffered most grievous penurie , & in the end were sterved to death , which did not quench the malice of their mercilesse enemies , who after their death continued persecuting their names , & memories , making them infamous by false supposititious recantations , whereof they themselves were the authours , & publishers . Others , that acknowledge a word , or two to this purpose , that drops from Arch-Bishop Adamson , say he did it , when set on the racke by his hunger , being faine to beg bread of his enemies , who , glad of the occasion , sold their charitie by weight , for his selfe seeming-conviction , & when they had it , being too greedie to gaine damnation to themselves , did sophisticate every syllable with a lie . The Bishops in their Declinatour against the Assemblie of Glasgow , ( if you remember well ) appeale to no general Assemblie , otherwise then as it shall pleace His Majestie to constitute it , & personallie be present , or by his Commissioner , without whom , they acknowledge no authoritie it hath . They referre it to His Majestie to call one to repaire their injurie , by way of humble desire , or direction , no way derogating from ; nor impairing his separate , absolute praerogative , to redresse all personallie , if he please . Their expressions relating to Royall power in this particular are such as follow … So that they praeventing , & not proceeding by warrant of Royal authoritie … May we not therefore intreat my Lord Commissioner His Grace , in the words of the Fathers of the fourth General Councel at Chal●…don , Mitte foras superfluos . For discharge of our dutie to God , to his Church , & to our sacred Soveraigne , lest by our silence we betray the Church is right , His Majestics authoritie , & our owne consciences … And we most humblie intreat His Grace to intercede with the Kings Majestie , that he may appoint a sree , & lawfull Generall Assemblie… to whom [ Dr. Rob. Hamilton ] by these praesents we give our full power , & expresse mandate to praesent the same in , or at the sayd Assemblie , or where else it shall be necessarie to be used , ( where 's that Mr. Baylie ? ) with all submission , & obedience due to our gracious Soveraigne , & His Majesties High Commissioner . All which are clauses assertive of His Majesties supremacie over General Assemblies , & implie his power to take cognizance of their demeanour . Though , after all this compliance with your method , & countenancing a seeming pertinencie in your arguments ; I must seasonablie put you in minde that you are very much mistaken in the Bishops meaning , & here , as otherwhere , maintaine a blindeconflict which your selfe . For allthough His Lordship often take advantage of your Assemblie proceedings , as contrarie to your lawes , & justifiable establishment of the Ecclesiastike power in your Kingdome ; yet , where there is a concordance of your practice , with your rule , if accompanied with inconvenience of state , incroachment upon that just praerogative , which Monarchs otherwhere doe , or may , assume , if destructive to that libertie of the people , which is given them by the Gospell , & Christian freedome sealed to them in their baptisme ; if disagreeing with the primitive practice for the first five , or sixe hundred yeares after Christ you lie open to the force of his arguments , though you ward the blow from falling upon your Church in its owne peculiar , as constituded in your Countrey . For his Lordships endeavour is not onelie ( though in part ) to shew how tyrannical your discipline is to your selves , but how praejudicial , & destructive it may prove to us in England , if ( through want of caution , or a facile yeilding to your insolent attempts , ) way should be made for you to propagate what you call the Kingdome of Jesus Christ , but is indeed the tyrannie of Satan , & the second practice of Lucifers ambition , ( To banish Gods Anoynted from the earth , since he faild in his project of turning God himselfe out of heaven ) & we be ensnared in the like Presbyterian slaverie with the Scots . Therefore you see he entituled his booke , A Warning to take heed of the Scotish Discipline , &c. And were it not , that you would clamour in vour next pamphlet , you were unanswer'd , this advertisement might passe , with any rational reader , for a refutation of , at least , halfe your booke . If I should prosecute you with the many appeales that have been made before the Bishops declinatour of the Assemblie at Glasgow I know you would runne to your cover of complaints pag. 20. of your booke . What others have been since will be brought to yourremembrance in such a flying roule as the Prophet Zacharie , mentions ( unlesse a gracious pardon be given you upon vour knees ) when His Majestie shall by Gods assistance have power to chastise your rebelling , cursing , covenanting , excommunicating , imprisoning , murdering , decreeing , the confusion of his Royal familie , & three flourishing Kingdomes in your Assemblies . CHAPTER IV. Seditious , & Rebellious Ministers in Scotland seldome , or never censur'd by the Assemblie . HEre Mr. Baylie layes faster hold upon the title , then the Bishops evidences in the Chapter , & because sedition , & rebellion are charg'd home to the conscience of the Presbyters , & their usual indemnitie imputed to the Discipline , he would faine step over these publike enormities , to personal vices ; against which ( by his leave ) the Ecclesiastike rigour is not such , but it can admit of very frequent indulgences , & many times convert the guilt , or shame of such haynous transgresions , to the glorie of their Gospel , & a more certaine signe of the sinners election by grace , according to John Knox's divinitie after proofe made against Paul Meffane . The treason of Iudas , the adulterie of David , & abnegation of Peter , did derogate nothing from the glorie of Christs Evangel , nor yet the doctrine which before they had taught , but declared the one to be a reprobate , & the other to be an instrument , in whom mercie must surmount judgement . Nay , if they find it advantageous to their discipline , these declamers against adulterie , & bloud , will make religious applications to any , as they did to Murray their Regent-bastard & murderer ( to say no more of him ) whom they made the greatest saint upon the earth , & the most eminent patron of their Church . That your pulpits have been perduellionis plaustra , the common stages for sedition , & treason . I have made appeare upon an old item somewhere else . And because you had not enough of them for the last old Comaedie you were to act , how you did mount it in halls , schooles , & other profane places , is deliver'd unto us upon Royal authoritie in his late Maejsties large Declaration 16●…9 . Where is to be found such loyal doctrine as this . One in Edenburgh , upon his Majesties urging subscription to your owne Confession of fayth , sayd It was an Italian , & a devellish device , first to make them renounce God , & perjure themselves , & then afterward there was an intention to destroy their bodies ; & so that this subscription imported no lesse , then the destruction both of their bodies , & soules . Rollocke did as much upon a seaffold in publishing a wicked , & rebellious protestation , Another , That though there were never so many Acts of Parliament against the Covenant , yet it ought to be maintain'd against them all . And Andrew Cant since charg'd His Majestie thus to his face , Awake thow lumpe of clay , thow wast not sleeping , when thow gavest cut the blondie commissione to Iames Graham . Of all which I desire Mr. Baylie to name one that suffer'd any censured from a Synod . what priviledge these , or any other scandalous crimes had in England , or Ireland , the High Commission , & Civile censures can cleare . But the Reviewers conscience can tell how many such tooke shelter under the wings of the Covenant , who were threatned processe , if they subscrib'd not , & , having done it , passed for very zealous , pious brethren in the cause . Their names , & infirmities , if Mr. Bay●…lie hath not , I have charitie to conceale , Or , if I had not ( could their ordination be justified , & they accounted of our brotherhood ) I should thinke my selfe oblig'd to it under the penaltie of the 55. Canon of the Councel of Carthage . Episcopus accusatores sratrum excommunices & si em●…ndaverine vitium , recipiat eos ad communionem , non ad Clerum . If he bear'd the like reverence to Antiquitie when he speakes so broadlie of the Bishop of Derric , he might bethinke himselfe of the 57 Canon . Clericus maledicus , maxime in sacerdotibus cogatur ad post●…andum veuiam , si noluerit , degradetur , nec unquam ad officium , absque satisfactione , revocetur . And to give His Lordship his due interest in the prudent provision of the Church , I direct the reader to that in the Councel of Constantinople , De accasatoribus Orthodoxorum Epis●…oporum non admittendis , which is to be found in the edition of Chr. Iustell , where he shall see by how many clauses Mr. Baylie is excluded from being admitted to enter any accusation against him , first , by the Religion he professeth , adjudg'd as bad as heresie by the ancient Canons for decreeing in conventicles against the authoritie of Bishops , antisynagontas tois kanonikois hemin episcopois … And whether upon the several grounds that follow , an Oecumentical may not reject him , hoos kathybrisanta tous kanonas , kaiten ecclesiastiken lymenamenon eutaxian , as a reproachfull despiser of Canons , & a bane to the eutaxie of the Church ; let any of his aequitable compare●… consider . Yet , I thinke , I shall breake no canon by retorting his quaestion , his acts being so publike , & himselfe autocatacritos , convinc'd under his hand in his booke , Did the Reviewer never heare of a Presbyterian , sibb to Mr. Baylie , who to this day was never ( but may be in good time ) called to any account for flagrant scandals of such crimes ( even the same the Bishop mentions ) sedition , & treason , which ( aswell in Scotland , as in any other Kingdome ) are punishable by the Gallowes ? These crimes , above any , deserve civile cognizance , from which as free as the Scotish Churchmen have been , I dare undertake to prove out of their storie , That there was hardlie ever Synod in Scotland ( Presbyterian I meane ) but was guiltie of Rebellion , or bloud , having ever made their covenants with death , & their agreement with hell having made liet their refuge , & under salshood bid themselves as they did Isai. 28. 15. So that Mariana , & his diseiples , whether in Italie , or Spaine , or all the world over , can not in aequitie have layd such devillish doctrines , such publike murders of Princes , & Nobles to their charge . Foedus umbrarum perit . As constant a Covenanter as you are with the living , I see the holiest league can not chaine up your furious malice against the dead . Your naming Bishop Aderton , For his sinne , & that blessed Martyr the L. of Canterburie for his patron , speakes you a sonne of neither Christian charitie , nor truth , If Presbyterie had been as old as the Councel of Nice , I perceive your sawcie fingars would have snatch'd the libells out of Constantines breast , & your zealous tongues , that are made seven times hotter otherwhere , would have runn the hazard to licke the Bishops faults out of the fire . I wish you had help'd me to a better bargain of your silence , & not forc'd me to give you this , which I am ●…oth to part with , in exchange for your blabbing That if all be true that is in print ( which for your credit I hope is not ) Your Discipline had no other then a Sodomite for its patron , some thinke you may take your choyce of French , or Scot. How this abomination hath been propagated with your Discipline , ( though by it no Disciple ) I leave them to relate , who , to shame you into some speachlesse civilitie , have had reason to be your Domestike observers , if they can frame it by chast language in a riddle . Yet because your Presbyterie shall gaine no credit , if I can helpe it , by any counterfeit innocence , I will returne you a line or two●… in Latin , which may informe you that such an ill weed hath grow'n even where the sharpe sickle of the Eldership hath praetended to cut downe all wickednesse before it . Hoetamen dissimulare non possum , in Palatinatu nulla prius seandala tam atrocia incidisse quam ed sint quae seniorum illic constitutorum culpa acciderunt . Et quis , obsecro , eos postea feret correptores , qui sceleratissimum hominem Siculum Sodomitam , & cundem pestilentissimum calumniatorem ( you inherite at least the upper halfe of his qualities ) impune elabi passi sunt , ne ad Iudices legitimos traheretur . If you name Bishop Aderton in your next , you will force me to breake the bond of modestie with my Readers , & make me lay this horrid scene nearer home . If you will shew your self a better Christian , or Scholar , & strengthen your arguments with the ruines of Bishops doctrines , where you finde them , & not rake up the rubbish out of some few sinnes , or lapses in their lives , you may write your pleasure , & without a blush expect the like ingenuitie on this side . Pseudon syncolletes…leptotaton leron hiereus , Excuse me sir , if Aristophanes at praesent furnish me with no more honorable titles to salute you by , for your ingenuous meritorious demeanour in the next paragraph . Wherein you are pleas'd to pervert all that the Bishop mean'd innocentlie , & writ temperatelie , & sacrifice your soule to the Father of lies to gaine the countenance of your ' brethren in Holland . Historical ●…ruth I hope is no slander . Nor can it be their shame to keep peace in their Churches , & turne seditious incendiaries out of doores . But while you plead for these your owne brethren among them , ( the rest holding not that point of your discipline ) what respect you beare to their vigilant Magistrates , whom you taxe for putting out of their cities men zealous in their doctrine , pressing the true practice of pietie , &c. I leave to some interpreter to tell them . But my selfe shall tell you , by the way , that they joyne not with you in rejecting our Episcopacie , as Anti-christian Name you what booke of theirs , or person of any note that hath done it . I am sure since you , & your English mates fell to worke with root , & branch Spanheim , their great divinitie professour in Leyden , held up his hands , & wished that all had been such as Arch-Bishop Vssher , & Bishop Morton , & then the order with such men he acknowledg'd would passe here wel enough . So that it should seem in the rest there wanted onelie a conformitie in some such thing , as Calvins opinions to qualifie them for a tolerable communion with the Dutch. What their zealous Ministers have preached for practice of pietie , suppression of haeresie , & schisme , the Bishop is farre from calling , or accounting any crime . But because you croud into their zealous preachments , the sanctification of the Sabbath-day in your Judaical sense , If , they pressed it in the rigour of your discipline , their auditours use a large practical license to confute them . To passe by their weeklie Sabbath mercates , & many publike faires , one of which you , & I met with at the Hague , I could have shewd you there the dancing on the ropes ( if not a dutch stageplay for a need ) & many other prettie sights , to which you were invited with sounding of trumpets , & beating of drumes , which is their businesse at this instant in another part of the reformed Provinces : where I am I can tell you of several recreations I have observed ( beside playing on the ice objected against the Ministers of St. Andrewes that were spectatours ) which I litle thought on when the poor praelatical Clergie , not many yeares since , were cursed with Presbyterian bell , booke , & candel , for approving a narrower toleration in our Countrey . Our persecutions have help'd us to this , & some other experience , whereby we shall be hereafter enabled to unmaske your adventurous impudencie to the world . Whether the streame of Presbyterian , o●… Praelatical ermons have run clearer from contempt of pictie from silence , flaterie , &c. may be seen by him , that will looke into these last 12 yeares current of the times . If the vigilant Bishops , such as their Lordships of Derrie & Downe , purg'd their chanels from the filthie doctrines , & rebellious obstructions of Blaire , Leving stone , Hamilton , Cuningham & others , they did it for the more even passage of pure Primitive reformation . The zeale of these men was eating out the foundation of Gods house , & their swelling waters did overflow the bankes of government , where they came . Their impious doctrines made them first be turn'd out of Scotland , where Blaire had been before expelled the Vniversitie of Glasgow by the Professours for teaching his scholars , in his lectures upon Aristotle , that Monarchicall government was unlawfull , ( the lawfullnesse whereof Mr. Baylie accounts part of the Prelates profanitie , & errours . ) Vpon the like misdemeanour the same justice overtoke them in Ireland , but at a time , as it hapened , when Christs Covenanting , Antimonarchical Kingdome began to be reedified in Scotland which wanting such bold pieces to supportit , & their blasphemous treasonables sermons to cement it , they were very heartlie welcom'd , & praeferred to places of greatest eminencie in that Church . What a singular difference there is in the point of exemption from secular jurisdict on between the Geneva Discipline , & yours the proceedings in the next paragraph will shew . And what person convict of , or notorious for those crimes , that you reckon was ever priviledg'd by the spiritual Court , you are to mention . Your generals are aire , the Bishop craves no favour of your extraordinarie charitie to conceale . The Declaration 1584. might be penned by Mr. Patrike Adamson & yet be King Iames's , If his Majestie declin'd the acknowledgement thereof the yeare after , when your Rebells had seiz'd upon his person at Sterlin , that may very well be imputed to his feare . Nor was that the onelie negative subscription , you extorted from your prisoner that yeare , who , when at libertie , afterward , with the same hand , blotted out that which , when you had the guidance of his pen , you had forc'd him to write against his owne inclination , & sense . If Mr. Adamson prosessed upon his death his repentance for lies , & slanders ( to which we have a contrarie tradition from some that were praesent ) he did no more then your great Declaratour Buchanan for his that were opposite to the other , And how both these sort of , lies that caried contradictions could proceed from the same spirit , or their repentance have the same grace , & truth to reforme it . I leave to your discerning spirit to reconcile , or , if you find them different , to distinguish . What the Bishop asserts , Mr. Camdens faythfull register will justifie . Ministri nonnulli in Scotia è pulpitis , & per circulos Reginam indignissi●…is calumnus insectati ipsi , Regi , & Consiliariis asperrimè obtrectárunt , & coram comparere jussi fastidioso quodam contemptu abnuerunt , quas●… pulpisa à Regnm authrritate essent exempta , & Ecclesiastici non Principi●…i mperio , sed Presbyterio subessent . Your Ministers raile against , Queen , King , Councel with contempt , & seorne , denie appearance upon summons , stand upon Ecclesiastike priviledge , are not censur'd by the Assemblie , & what is that but protected ? & what both but as much as the Bishop out of the Declaration praetends to ? What nullitie in the law of your countrey you pleade , can be taken for no answer to the Bishops second proofe , who tells you , the same reason may exclude aswell Magistrates , as Commissaries , because they have no function in the Kirke , & they are so excluded out of the 11. chapter of your 2. booke of Discipline , which providing that all abuses may be removed , & dependances of the Papistical jurisdiction abblished , regulates all by the Eldership of the Church , & in silence robs the Civile Magistrate of his power . The strength of which argument you wave , as you doe the 3. instances that follow , & scowre up an old rustie peice of Logike of your owne to fight with your shadow ; The Bishops consequence holding good . That it those , which have no function in the Kirke , are not to be judges to ministers , no jurisdiction remaineth in the Civile state whereby Ministers may be punished . In England the Commissari●… , & official were no ordinarie judges to depose , & excommunicate at their pleasure : what reservations there were , & how limited was their power , your friend Didoclave will acquaint you . Which integritie , & prudence he calls a fucus , & fallaei●… , because he had found no such native beautie of holinesse in his Church , no such down-right dealing in the discipline . The jurisdiction of Commissaries was reestablished in Scotland in Ecclesiastike causes , to as great a latitude as formerlie , by act of Parliament at Edenburgh June 4. 1609. Presbyterian Assemblies are easilie satisfied about any delinquencie against Kings . And had not K. Iames at this time been absolute , & the brethren in feare what should become of their Euangel , they had not proceeded so farre as they did in Gibsons case . That many passed at other times with lesse notice , nay with their authoritie to maintaine them , I have shewed frequent enough out of their stories . Delinquents of the Episcopal partie could get no such opportunies for absence . When Gibson came about , he praetended not onelie his feare for an excuse , but his tender care of the rights of the Church . This , because more pertinent to the quaestion , Mr. Baylie overlookes , as he doth their purging him of his contumacie without acquainting his Majestie , which the Bishop urgeth . He were better betake himselfe to some other trade then that of reviewing . Two , or three such surveys will loose the Discipline more ground , then Didoclave , & any other his unanswered Champions ever gaind them . That no trial of Gibsom fault was perfected though a fugitive was a testimonie of their forward dutie to the King. Others ( beside the Bishops by the Synod of Glasgow ) have been excommunicated at as great a distance for their loyal expressions , & actions . The Bishops fourth proofe I perceive hath much troubled the Reviewers eyes , osper tà suk epi tous ophalmous . Mr. Blackes case may very well seem odious , Odit , quod metuit , It turnes his stomake so much that he findes not confidence enough to wipe of that filth , which was spit upon the reputation of the Discipline by his speaches . He is better imployd with his sieve , & his scissours about divining how his Lordship came by so many particulars of the storie ; but the guilt of his conscience makes his hand shake , & so all his witchcraft falls to ground . For the Bishop , to my knowledge , may have his warrant for that relation somewhere else , & , for ought he knowes , recourse to some vocal oracles of that time , beside some such registers as have not been raced by the sword of the Disciplinarian spirit , nor cancell'd by the Clerke of the Assemblie in the darke . Though that large , most excellent volume compiled by the Rt. Reverend Arch Bishop having , not long since , happilie escaped the Scotish ' Inquisition , may hereafter be a printed monument of the Disciplines shame , an aeternal disgrace to the Rebellious Presbyterie , & his credit , for all the Reviewers calumnies , a lasting pillar to support the fayth of all posteritie , that shall reade it . Yet to take Mr. Blackes storie from his hand , out of the register of truth , the Doomsday booke of the Discipline as it lies . — Veniat invisum scelus , Errorque , & in se semper armatus suror . If the Kings countenance were changed , his conscience was not , which , by his own confession , so soon as ever his judgement was in the bloome , tooke checke at the Religion , as well as at the Rebellion in the Assemblie , professing with our faviour that though he liv'd among you , he was not of you . That you make no medium between Presbyterian , & Popish , is a piece of old Synodical malignancie , which the trial of the orthodoxe partie in these times hath made out of date , since being rejected , & banish'd by the one , they neither finde , nor sue for reception with the other , ( saving into a toleration of their asyle ) but by the hand of the Allmightie are held up in their constancie between you both : Yet your feares were not groundlesse , when the Religious King went about to establish such publike worship , as would have informed ignorance in a discoverie of your errour , & draw'n of all your conscientious , & rational disciples . His Majesties civile favours to some Papists , were not so strong evidences of his change as to wind up your Ministers to such a free warning , nor gave them license to make such rebellious applications . If that be the use 't is time for Kings to search better into your doctrine , & see whether the toleration of that have not been the great sinne of our age , which hath pull'd downe such judgements upon their heads . This grace inyour pastour is that , which abounds by continuance in sinne . And this fayth is nothing like St. Pauls shield , being beaten by the Assemblie into a sword , whereby they endeavour to subdue Kingdomes , but have no such commission as had Samuel , & the Prophets . Mr. Blackes denial was too faint to absolve him , & his honest hearers , if conforme to their English brethren , might perchance be so wrapt in their night caps , as their negative testimonie could not be very currant . When he shew'd himselfe so willing to be tried by all the world , he litle thought who might passe upon the verdict . All the heathen had condemn'd him for the murder of moralitie , & he had met with a scurvie packe of hardhearted Godfather among the Papists . A brother of yours confesseth that somewhat Blacke had sayd , though he hath no great minde to take notice , what , nor when . He complaines of Rutherfort his accuser because oblig'd for private courtesies , who deserves to be commended for praeferring publike dutie , & in that appeares to have been one of the most honest hearers there . The Courtiers can not be blamed for intending to stop the mouthes of such Ministers , as layd the Devil with his bairnes at their doores , & put them in afright that they should afterward be charg'd with keeping all the blacke brats of the Assemblie . The advice of the Brethren was adjudg'd treason by the law of Scotland produc'd against the Aberdene Ministers , & your Edenburgh Bibles have not one text to justifie that appeale . The words layd to Mr. Blackes charge I hope will be confessed to be trulie seditious . All the quaestion you make is whether he spake them or no , which though doubtfull ( as it is not , being proved before the Assemblie who gave this reason for his exemption from punishment , They knew not with what spirit he was overruled ) must be acknowledg'd a mater of civile cognizance ( because no point of religious ) aswell as the punishment , if prov'd . Constat Episcopos & Presoyteros forum legibus non habere , nec de aliis causis … pr●…eter religionem posse cognoscere ; The Brethrens reason , or rather mis-apprehension must not be made the measure of the lawes . If the King yeided so much toward an amicable conclusion , what can justifie the Presbyters in continuing the breach ? who , say what you will , were bound to subscribe a band for that silence which was required , Pessimus est mos suggestum in scenam vertere , & dulcis●…imam Euangelii vocem in Comaediam veterem . What the learned Grotius enlargeth upon this subject , I will not transcribe , but call upon you to answer , being that which I assume to make good upon the same texts & proofes he produceth . The truth was you durst neither have advised Blacke to appeale , nor your selves have shew'd such contumacie to the King , but that you had felt the pulse of the people , & made it beate high in your behalfe . This your brother confesseth though in Gypsie language , calling it the great concord , & authoritie in the Church , such as made the Courtiers to tremble , though never so much in favour with the King. Which concord , when so magnified in your storie , we know , was ever a covenant to rebell , & awe the King aswell as the Court by your usurp'd authoritie of the sword . Yet whatsoever is your practice , & profession , by sits ; sometimes you are more serious ( though seldome more loyal ) & the result of your councel apparels it selfe in such a sentence as this Our obedience bindeth us not onelie reverentlie to speake , & write of our Soveraigne , but also to judge , & thinke . Which if the Edenburgh Ministers had practis'd , they had not come under that severe sentence pronounced against them for raising a dangerous mutinie among the people . If I would , like you , turne diviner , I might easilie guesse out of what un printed register you have that prettie legend , that followes , which yet is not so decentlie dress'd as to make good the chast credit of the discipline . Who was this villaine ? By whom was he Suborn'd ? Avillaine . They suborne , without particular instance of either , will not passe upon publike fayth . If the Commotion was innocent , why not approv'd ? If not approv'd , how appeares it to be innocent . The best way to have quit the Ministrie from being authours , or approvers , had been to be censurers , but here they could keep silence without a band . I can not yet let goe this singular storie , my dutie forbids my charitie any where to favour you with my silence . And because you are so praejudic'd against unprinted traditions , I will give it you for the most part out of some printed registers I have met with . King Iames , desirous to set off his Court with what luster he could to foraigne Ambassadeurs , had , in a provident magnificence , retrench'd some allowance formerlie issued for his Courtiers attendants , & contracted their tables to enlarge his owne entertainments . For the managing of this , & somewhat else concerning his revenue he had appointed eight officers of State , where of some were Papists , but of know'n intergritie . The Resormado Courtiers , by way of scorne call'd these Octavians , & made an easie impression into their Ministrie by suggesting , that they had a designe to introduce Poperie , & subvert the whole discipline of the Church . After private conference , a fast , for the smiting with the fist of wickednesse , soon after was kept at Edenburgh . Balcanqual preacheth , & spares neither , King nor Councel in his virulence , infuseth all the unpleasing particulars , he could thinke of , to imbitter his Satyr , humblie beseecheth the Edenburgh Citizens at a certaine houre to meet in the New Church , tells them how much it concern'd their reformed , Euaugel . His reservednesse sharpend their expectation , & caus'd their punctual assembling almost to a man , where they found their Ministers in a formal Synod , having chosen a violent Presbyter , Mr. Robert Bruce , their Moderator . Here Mr. Blackes sufferings were aggravated : & the Kings violating the praerogative of the Church . One Watson comes in , & addes oyle to the flame , remonstrates his late repulse at Court , & denial of accesse to the King , being sent with some Rebell-supplicate from the Brethren . The Moderator , with as much malice as my be , comments at large upon every instance in a speach ; Makes it Gods cause , & engageth the people to assert the libertie of his Gospel , if not by petition : by power . Some Commissioners are sent to the King , then in the Tolbuith , who , receiving some checke for their unjustifiable proceedings , come backe with their angrie account to the Assemblie . One Alexander * Vaux being ( as the Presbyters had praedesign'd ) mounted up above the congregation by a pillar , with stretched out arme cries , The sword of God & , of Gideon , bid them to follow him in the vinaication of God , & his Church . They take it out of his mouth , & in confusion clamour , Arme Arme , for God , & the Church . They doe accordinglie , & rush violentlie into the streets beguirting the place where His Majestie was . Mr. Thomas Hamilton afterwards Earke of Haddington takes an halberd in his hand , & with some of his friends keepes the multitude from entring . Alexander Hume of Northborvick , for the time Provest of Edenburgh , & Roger Mackmath ( whom the King ordinarilie called his Baylisse ) raise what power they can upon a sodaine , the honest Hammermen come in to their assistance , They demand first whether the Kings person be in safetie , & then by a mixture of faire words , & menaces make the rowt quit the place , but not their riot , for they by , & by rallie in the Mercate place . The Captaine of the Castle turnes some canon upon the Towne , & by that militarie argument praevailes with rhem to disband . The King is safelie guarded to his palace at Halyrud Howse . For all this Brucc sends abroad his writs , to call●…in the Nobilitie to their succour , some of whom had in zeale abetted the late tumult . The Lord Forbes payd his sine for going into the street , The Lord Hamilton hath an invitation to be General , & should have had his commission ( from the Synod no quaestion ) if he had signified his acceptance . He very noblie , & loyallie delivers up his letter to the King , & detects the Rebellious project of the Discipline . Some of the Ministers are sent for , & convicted , obtaine pardon of the King , but no actual oblivion from any his good subjects , who ever after detested that disloyal sect , & branded the 17. day of December with the indeleble infamie of that prodigious attempt . How like this lookes to an halfe houres tumult or petie fray , How Ignorant were the People , how innocent the commotion , How free the Ministrie from being authours , or approvers ; Let the Reviewers aequitabl●… tomparers determine . CHAPTER V. The Discipline exempts not the supreme Magistrate from being excommunicate . TVatim agis . The Bishop argues about excommunicating Kings , & you answer about censuring officials , that pronounce sentence for non-payment of money , wherein yet you are not more impertinent , then malicious : For you know well enough that sentence was not executed for that , but for obstinacie against the power , & commands of the Church , Wherein if any officials inconsideratelie proceeded , it must not bring in quaestion the more deliberate prudence of them , that made the constitution to that purpose . The rash praecipitancie of the Scotish Presbyterian rule , & practice , though many times very reprovable in the later , I sinde not heere in the Bishops allegation , nor of what magnitude the sinnes are , for which they excommunicate , though we have know'n a desertion of the Brethren in conspiracie against their Prince , or a glance through their fingars , an interpretative neutralitie , hath been made the great sinne , & threatned with this censure . Neither the Praelatical partie , nor any orthodoxe Christians in the world come into your communion in the point of excommunicating their Kings , nor comprehend them within the object of their Discipline , by which , though they have kept the sonnes of the Church in a filial awe , yet ever reserv'd a paternal priviledge for their Kings , the Nursing Fathers of the same Imperatoria unctione to●…stur poenitentia . And the learned Grotius assures us that the Kings of France for many ages have expresselie challenged this exemption for themselves , No po●…sint excommunicat●…i . Rev … did never so much as intend the beginning of a processe against their King , &c. Ans. Christian prudence admits no such charitable glosses upon the Scotish intentions , where is no colour of ambiguitie in their words . In which if the King be a man , or a Magistrate , he must be necessarilie included , & made subject aswell to Church animadversion , as admonition . If Mr. Baylie hath a perspective for the thoughts of all his praedecessours , he may enjoy the pleasure of such spiritual reviewes , or revelations to himselfe , but can have no demonstrative evidence to propagate the like confidence among others . True causes of citation of Princes to an Assemblie is the peculiar language of the Discipline , no such truth is implied in this truer text of Scripture , Where the word of a King is , there is power , & who may say unto him what dost thou ? The beginning of the next verse is not the Scotish Assemblie , in answer to that quaestion . What these true causes have been , I have partlie manifested out of their storie , their owne Registers justifying their successive meeknesse , & indulgence ; wherein though no King may be found excommunicate●… , ( because their spiritual sword wanted luster , and brightnesse to strike such amazement into Princes , as to make them let fall the temporal one out of their hands ) yet not any one of them hath there been since the Assemblies were possess'd of their infernal commission , but have been personallie threatned , imprison'd , depos'd , or murdered , & they should have tasted the meeknesse of the Discipline in them all , if the season had served , & they could have catch'd , or kept them in their power ; Against which universal experience whether Mr. Baylie's single word may be taken for the future securitie of His Majestie , & his successours , I submit with silent reverence to be debated in their Councel . Rev. We love not the abused ground , &c. Ans. We are as litle in love with the Reviewers affronting of Kings , as they with , what he calls the Warners flatering of Princes . To the quaestion he so magisteriallie propounds . St. Ambrose , notwithstanding his Act to Theodosius , makes answer upon that speach of David cited by the Bishop , & addes the reason in such language as Mr. Baylie will not heare from any Canterburion-Praelate , Quod nullis ipsi [ Reges ] legibus tenebantur , quia liberi sunt Reges a vinclis delictorum . The same is to be found in Isiodore Pelus : And Tertulian to this purpose many hundred yeares before Presbyterie was hatch'd . Sciunt [ Imperatores ] quis illis dederit imperium … sentiunt Deum esse solum , in cujus solius potestate sunt , a quo sunt secundi , post quem primi , ante omnes , & super omnes Deos , homines . And because the Reviewer calls this doctrine Episcopal , let him take St. Hieroms note too by the way . Rex ipse [ David ] & alium non timebat . This Catholike doctrine praeserves the Majestie of Princes , de jure , inviolable from the insolencle of Assemblies . Where the abuse of it spurres them on to any dangerous praecipi●…es , they are to stand , or fall unto themselves . The poor oppressed people would many times worke out their deliverance by prayers , & patience , if the outragious Presbyters did not thrust them downe , & with the hazard , if not destruction of their persons , dash all civile government in pieces . CHAPTER VI. Kings may sometime pardon capital offenders , which the Disciplinarians denie . As they doe their Royal right to any part of the Ecclesiastike revenue . WEre your reasoning as methodical as the Bishops , I should not be so in every Chapter at a losse to find out more to what , then what to answer , having hitherto met with none , but Socrates's three darke principles in your booke , tò chaos touti , kai tas nephelas , kai ten glottan , confusion , clouds , & tongue : which among them have made such a mist in your own eyes , & such a clatering in your eares , as you can neither see , nor heare a good logical argument brought before you . We , that are above this disturbance , & at a distance , observe his Lordship laying out the doctrine of your Discipline ( for so I 'll speake for once ) received by you all , & then illustrates it by your practice , wherein if he had roome enough , he would muster up so many particulars as with an , &c. might conclude an inductive universal . Though the other way of acconsequential arguing hath been thought tolerable in Mr. Baylie ( no Doctour as I take it ) as not long since in his uncharitable mention made of Bishop Aderton , & his slander against the two reverend Bishops of Downe , & London Derric . The Ministers rigour , & vindictive pleading hath ever multiplied in Scotland the widowes , & fatherlesse , the deadlie feuds having been ever continued , & received by them , when they saw it tend to their advantage , so that the bloud shed by murderers of their making may be trulie aesteem'd , the seed of their Church . Which duelie considered , demonstrable in their storie , should deterre any cautelouc Christian from their communion , who , by that partaking in their guilt , can exspect from heaven no benefit of his prayers , Gods curse in the Prophet concerning them nearer , then any ministrie in the world , When ye spread forth your hands , I will hide mine eyes from you , yea when ye make many prayers , I will not heare : Your hands are full of bloud . The historie of that time , though very partiallie , & falselie related by the Reviener , were it not , can not justifie the insolence in their discipline , wherein they do not occurre to the inconvenience praetended , the impunitie of murder procur'd then by some importunate & powerfull solicitours , but despightfullie scratch out the image of God in his Anoynted , & pull downe his praerogative attribute of mercie , which hath a season of priviledge above justice , if that passe with Mr. Baylie , for any of his workes . What I meane I collect from this clause . In the feare of God we signifie unto your Honours , that whosoever perswades you that ye may pardon , where God commandeth death , deceives your souls . & provokes you to offend Gods Majestie . where not onelie the act of impunitie is condemn'd , but all power to pardon in any case denied . Which God never practis'd himselfe , nor exacted in the rigour from his Kings . Beside , the case hath been know'n , when the Presbyters themselves became the powerfull sollicitours to the King , & drew a pardon for murder from his hand against his heart , as they did from K. Ch. 1. for Mr. Thomas Lambe , a preaching brother , who stab'd a young man of Leith with a ponyard betwixt Leith , & the Abbey of Haliryd House upon the Lords day in the afternoon , in the time of the Assemblie , & Parliaments sitting . To whom the King , used this speach Ministers must be pardoned though slaughterors . 〈◊〉 other men must suffer for a words speaking , reflecting upon one Mr. Iohn Stuart , who suffer'd for saying that Argile had spoken about deposing the King. How they professed their Church to be reformed by the murder of David Rizio , & the King called a weake man because he would not vouch it , I have shewed more particularlie in their storie . Yet I hope Mr. Baylie ( who is too rigid ) when he comes next in the Rebell-Commission , will be no sollicitour for any act of oblivion . That if the King gives not what satisfaction they finde necessarie , & due , he , & the other bloud-hounds will articulate their crie into justice , justice , or lie downe in their armes to execute it themselves even upon His Majestie himselfe ( for he hath allreadie encircled him , within the object of the Discipline ) may be fairlie collected from hence , as from what he told us in his Epistle . That you may preach unto * Magistrates , that according to Scriptures murderers ●…ught to die even Erastus will grant you , Yea that in some cases you may rebuke , exhort , admonish , threaten , denounce judgements , aswell as preach promises according to the examples of the Prophets . But he puts you in minde that this they did onelie under impious Kings , no Davids , no Salomons , no more must you assume this libertie , under Iame's , & Charle's , pious , prudent , & just Kings . If you should have an unhappie occasion to exercise it under other , you must goe no fa●…ther , no excommunication which is order'd in your Discipline . He calls for your texts , he answers your arguments , he helpes you to instances of Ioab , whose murder could not safelie be punished , of Absalom , whose , for some reason , was neglected . He demands whether these men , went not into the Temple nor communicated in the Sacraments with this impunitie about them . I have no way to be rid of you , but as Mr. Selden , they say was of the whole packe of your clamouring brethren at London , who layd Erastus booke open before them , & bid them answer him . Which dismounted their tailes , & put a gag in their mouthes , so that I heare he was never troubled with them afterward . E. Huntley's case hath been caried to the mint , & comes now out with a new stampe of the Assemblie at a losse till their Father behind them scatters his kindnesse among his prodigal sonnes , & bids them lavish out his inexhaustible stocke of calumnies , as they please . What the Bishop hath granted you about the guilt of the three Lords , I have no commission to retract . What you aggravate about E. Huntley's apostacie , & , after seeming repentance , frequent relapses , doth at the worst , but argue his adhaerence in heart to the Romish religion . This added to his banding with the King of Spain ( which you pricke into some blanke papers subseribed with his hand , & the rest taken out of Dr. Kerre's pocket , as he was shiping over , upon your excommunicating , & banning ; & picke out of some other , such as litle could be made of at that time , when it should have been most advantageous ) is not enough to justifie that rigour alleadged by the Bishop . The truth of what followes shall be left to the ingenuitie of your judicious & aequitable comparers , by laying your relation to that of more authentike historians , whose record is this Bothwell , after many murders , & misdemeanours , having broke prison , endeavours to get the King , & Chancellar Maitland into his power , to which end he sets fire to both their chambers , & by violence makes his entrance into the Queenes . For this , some of his complices were hang'd , the Kings proclamation , publish'd against him , prohibites any man to harbour him . The Earle Huntley , upon the Chancellars intreatie , raiseth some power to surprice him , with which he besets Earle Murray's house , where Bothwell was entertaind , & Murray in defense of him slaine . For this soon after was E. Huntley imprison'd till having put in caution to appeare at a publike trial , he had his libertie given him to goe home . Murray's friends had not patience to wait the leisure of the law , but worke revenge upon all advantages they could get . Bothwell having been this while conceal'd in England , enters Scotland in armes , & assaults the King in his palace at Fawlkland , but , being beaten off , makes another escape . The Assemblie , failing of the successe they hop'd for in Bothwells attempt , praevaile for the banishing of Papists , & confiscation of their goods , Bothwell , finding no good welcome in England , gets away , & gaines a private opportunitie by his friends to be secretlie conveigh'd into the Kings chamber , where he begs his pardon upon his knees , & obtaines it , yet the next day makes a tumult in the Court , & caries away diverse of the Kings servants ; The King ( which may seem strange ) for the safetie of his person , was faine to put away his friends of greatest trust , the Chancellor , Treasurer , Baron Humes , &c. but within a moneth repents him , appeales to his Nobles , & by their advice , recalls them , yet permits Bothwell to depart . The Ministers are angrie that the Papists are not persecuted by fire , & sword . They assemble without the Kings order , & call together the Barons & Burgers . Bothwell enters againe with 400. Horse as farre as Leith ; makes proclamation , summons all in to defen'd religion , & put away evil Counsellers ; sends it to the Synod at Dunbar , which favour'd it ; The same day he marcheth against 3000. of the Kings forces neare Edenburgh , fainteth in his businesse , and gets away to the borders ; Queen Elizabeth sets out a proclamation against him , yet presseth the King for proscription of Papists ; The Lords are but few that meet , & expresse some reluctance at it . The Ministers , & Burgers are many , which vote it , take their armes downe out of the windowes , &c. Argile is sent against them , & beaten ; The King drawes toword them , & permits three of Huntley's houses to be pull'd downe , Huntley escapes to his Aunt in Sutherland , thence into France . These were Huntley's notorious crimes , & multiplied outrages which cryed up to the God of heaven ; Out of which let the world judge what reason the Ministers , those mercifull men of God , had to give such warning & crie to the Iudges of the earth , to shed his bloud . That appearance with display'd banner against the King in person , should be made an article against him by Mr. Baylie , a loyal peaceable assertour of ten yeares armed rebellion in three Kingdomes : I dare not adventure my spleen to discourse on but in Mr. Baylies language , hope by his good advise , the Prelates will no more Lull ' Princes asleep in such a sinfull neglect of their charge , but breake off their slumber by wholesome , & seasonable admonitions from the word of God , such as that Prov. 10. A wise King seatercth the wicked , & bringeth the wheel over them . Or what other texts , their Lordships better know applicable to the most just , necessarie chastisment of schismatikes , & Rebells . About E. Angus , & Errol , you thinke your selfe not concern'd to make answer because your brother Presbyter Mr. Rob. Bruce , gave King Iames leave to recall them , but with this considerable sentence , against E. Huntley . Well Sir , you may doe as you list , But chuse you , you shall not have me , & the E. Huntley both for you . Pretie humble soules , who can weigh downe the chiefest Earles in the ballancing of a state . In the next paragraph , you dawbe with untemper'd morter , such as can never keep the Kings right to any Ecclesiastike revenue , & the claime of the Discipline together . For having comprehended in the patrimonie of the Kirke all things [ without exception ] given or to be given to that , & the service of God ; All such things as by law , or custome or use of Countreys have been applied to the use , & utilitie , of the Kirke . 2. book Disc. ch . 9 And call'd them theeves , & murderers [ without exception of persons ] that alienate any part of this patrimonie . 1. books Disc 6. head you are the innocent dove that , here bring us newes , That the Church never spoyld the King of any tithes , while those birds of spoyle , your forefathers , have left him , neither eare nor straw to possesse . But to deale with you at your owne weapon in your words . If the King never had any first fruits , then , as the Bishop sayth , you are the Popes , that with-held it , & by you , that were the Reformers , was that point of papacie maintained ; If he neither had , nor demanded , to what purpose toke you , such paines to obtaine in favour of the Church to have it declar'd in Parliament , That all benesices of cure under Praelacies shall in all time coming be fee of the first yeares fruits , & fift penie , & the Ministers have their significations of presentation past , at the Privie seale upon His Majesties owne subscription , & his secretaries onelie , without any payment or caution to his Treasurer for the sayd first fruits , & fift penie ? About tithes , you say , His Majestie , & the Church had never any controversie in Scotland . How agrees this with your Declaratour in his appendix to the maintenance of your sanctuarie ? When the minor-age of a good King had been abused to the making of a law , whereby the most of these rents , first fruits , Tithes , & the lands belonging to Bishoprikes were annexed to the crowne , the Church very earnestlie do labour for restitution , & never gave over till these lawes were repealed . If you review your records , you will finde in the yeare 1588. that you had a plea with , which you call an earnest suit to , His Majestie about patronages , & such considerable opposition , as put you upon inhibiting all commissioners , & Presbyteries to give collation , or admission to any person praesented by authoritie from the King. And [ to omit many ] a greater you had before with the Queen . Anno 1565 The Nobilitie , & Gentrie were more beholding to your impotencie , then patience for peace . What gracious men yon have shewd your selves , since your Rebell-Parliament got that incumbent power into your hands , your congregations would speake if they durst , whom you feed with the bread of violence , & with that you cover them as a garment . So that whether the Presbyterie be not as good patrons of the people , as they are vassals to the King , need never more be quaestion'd in Scotland . Whether by the wickednesse of Praelates , or Presbyters the King , & Church were cousin'd of the tither , will appeare by them , that bragg'd most when they were most endanger'd by the sequestring the other patrimonie from the Church , which I finde to be the Presbyters that could not keep councel but boasted they had given a seasonable blow unto the Bishops . That legitimate power in the Magistrate the Bishop pleades for King James never declared to be a sinne against Father , Son , or Holy Ghost , nor did ever the patrons of Episcopac●…e oppose it . That changeling you here substitute in the roome calls you Father by the ridiculous posture in which it stands , your friend Didoclave had more ingenuitie then to inferre a claime to the power of preaching , & celebrating the Sacraments upon the power of iurisdiction over Ecclesiastical persons derived upon the King from his praedecessours in England , & given them by a statute . Verba statuti de jurisdictione , non de simplici functionum sacrarum administratione intelligenda esse quis dubitat . The well grounded consequences , which you call Castles in the aire , will hereafter batter your Presbyterie to the ground , when Princes shal retract their too liberal indulgence , take a courageous resolution to claime their own , & relie upon Gods providence to maintaine it . King Iames had given you the practical meaning of his wise sentence , seven yeares before he spake it at St. Andrews . For , as you may very well remember , when His Majestie had put downe your Presbyterie by the head , your Ministerial office was with the exercise of your halls , having , to the time of your late rebellion , no other , then an ambulatorie Euangel , no Disciplinarian legallie tolerated to officiate , but such as would conforme to the canons of the Church . If the King had sayd , Egonon possum erigere Ministri caput , the heads of the Aberdene , & Edenburgh Ministers might have confuted him upon the gates , but that his mercie [ without the Synodical censure of impunitie ] interpos'd in that dispute . As great an enemie as His Majestie was to such Erastians , as the Bishop , I am sure he was no friend to such Donat●…sts as you , unlesse infestissimus host●… be significant to that purpose . He sayd , you were the persidious , bedlam knaves among the preachers , my dictionarie will helpe me to no fiter English for his Latin , persidi , & sanatici nebulones inter concionatores ; And you , or your profession he often styl'd Calvinistarum Satanismum , a sect of lapsed spirits among the Calvinists , whose malice had metamorphoz'd them into Devils . CHAPTER VII . The Presbyterie cheates the Magistrate of his Civil power in ordine ad spiritualia . THe Bishop begs no beliefe of his Readers , beyond what he brings proofe out of your Discipline to prevaile for . When you have made all offenses , more , or lesse scandalous , like the Prophet in Hosee , you become the snare of a fowler , & with this counterfeit call catch all the uncleane birds in your net . If the Bishops Official takes notice of more civile causes then your Presbyterie , the qualitie , & number had been Worth your noting for your Readers satisfaction . To strengthen your evidence , I consulted with Didoclave your brother Scout , whom I finde to have made no such numerous discoverie , & I take him to be alltogether as strict , & able an inquisitour , as your selfe . That capital offenders , whom the Magistrate hath spared , should be excommunicated , is disciplinarian censure , which no societie of regular Christians ever inflicted ; Nor can any ingenuous Divine denie such , accesse to the holie table , if otherwise qualified then by their impunitie . He must distrust either the prudence or pietie of the Magistrate , conceiving him either too liberal of his pardon to a person shewing no remorse for his fault ; or impious in countenancing instead of cutting off , an obstinate malefactour with his sword . Erastus himselfe ( whom you raile at so often ) puts in this caution ( which Beza approves of ) for whatsoever he hath asserted in his booke . Quod meminisse te velim etiamsi non semper adjeccro . That the person you admit be suppos'd to understand , approve , embrace the doctrine of the the Church , with which he desires to communicate ; That he professe an acknowledgement , & hatred of his sinnes ( he addes not from your stool of repentance ( That a murderer , adulterer , blasphemer , thus pardoned , thus poenitent , thus supplicant for the seale of the Sacrament , should be , to fill up the amphitheater of any prou'd hypocritical , popular presbyter , made the sundays sport , or spectacle to the people , No Scripture commands it , no orthodoxe Church ever practis'd it , no law of Scotland imports it . If you suspect his repentance to be but counterfeit , & his humble addresse , a religious imposture ; you may discourse with him in private , lay open before him the hainousnesse of his fact , deterre him by the extremitie of the danger , tell him if he disccrnes not the Lords bodie ( which he can not through the blacke unrepented guilt of that sinne ) he eates judgement , he drinkes damnation ; But all this pertaines ad Consilium , a terme us'd among the ancients in cases somewhat conterminate with ours , to ghostlie councel , no spiritual execution , ad legis annunciationem , non jurisdictionem , to the terrible declaration of the law , to no jurisdiction or legal exercise of your power . Beside , here I must put you in minde of what I otherwhere prove , and is undeniable . That your excommunicating facultie is not originallie in your Assemblie , but derived to you from the supreme Magistrate , with an implicite reservation of his own priviledge , to remit it at pleasure , it being no ●…ure divino discipline , I hope ( for if such , what becomes of those Churches that use it not ? ) The malefactours exemption from this , without quaestion , accompanies his largesse of civile mercie , & he stands acquitted from all spiritual , aswell as temporal , punishment : For to suppose the Magistrate takes him from the gaoler , to deliver him to Satan . exchangeth his shakles for chaines of darkenesse , his prison for hell , is inconsistent with reason , or charitie , & gets no more faith , then such a cruel sentence hath the face to aske my opinion of its justice . The learned Grotius tells you , how John a Bishop of Rome became intercessour to Justinian the Emperour in the behalfe of poenitent delinquents , that were separated from the union of the Church , asscribing to him the authoritie , & honour of their restitution to the communion thereof . Which argues him , & his Presbyters , ( if you admit him not to be single in his jurisdiction ) at that time to have had no independent Discipine , to crosse the Emperours power , to have been no countermanders of his pardons . That the Magistrates in Holland have very often commanded the Pastours to their dutie in these cases . And that , by an old law in England , the Kings pleasure was craved before any of his servants could be excommunicated . Fraud in bargaining , false measures , &c. the Bishop takes to be maters of civile cognizance ; He findes them call'd abomination to the Lord , not any where such scandals to the Church , as to require publike satisfaction . What Ecclesiastike rebukes are due , he thinkes may be given by particular Ministers in their several charges ; without a summons before a Consistorian judicatorie . Die Ecclesiae was no praecept of speed ; There were two or three errands to be done by the way ; The offended brother hath , after conference , a private arbitration praescrib'd him : Nor doth it appeare that , in cases of this nature , our Saviour sing'd him a warrant to fetch his adversarie to the Church , not a word is there that doth authorize the Church to command him out of the Court , to anticipate , or aggravate the civile censure by the Reviewers Ecclesiastike Rebukes . The Bishop speakes of Presbyterie in the institution , makes no instance of it in the practice ; I 'll take no mans word for disciplinarian honestie throughout 30. yeares trading . The saints , after that rate ; will not be readieat Doomesday to give up their account of compassing the earth , & getting in their inheritance annex'd to their dominion , which they will have founded in grace ; If the Presbyteries , wherein all that time you were conversant , were no merchant adventurers , tooke no share of the purchase , they have kept some Jubilee to lease out their indulgence ; Or it was , not unlikelie , a piece of your Kirke-policie to connive a long time at all petie larcenie , knowing who at length would be catch'd in the great cheate , the 200000. pound sale of damnation to their brethren , & yet keeping backe whole viols of vengeance , and wrath unto themselves . For the many causes of Ministers deprivation , cognosced upon in your Presbyteries , you have the good liking of neither Papists , nor Prae lates , who finde no canon , that gives commission to such a mungrel socitie of lay-Clerical Presbyters to take away , what they have no power to conferre . If I give , but not grant , your usurped tyrannie a priviledge , by many yeares rebellious precedent , to cognosce of such cases , I must except against clipping of canons ; the coyne that beares the Majestike image of the Primitive Church , such as is the 67. in the fourth Councel of Charthage , Seditionarios nunquam ordinandos Cl●…ricos , sicut nec usurarios , nec injuriarum ultores . The first of the three had met with your vertous Fore-Father Knox in the Castle of St. Andrewes , & sav'd all the mischiefe we have reap'd by his call from abetting the murder of Cardinals , to rebelling against Princes , renting the Church , & the Commonwealth into Congregational , & Covenanting parties . The last , which was your injust praetense , if not in your banners , at least in the Remonstrances , which you brought in your hands when you invaded England ( Canons holding aswell for depriving , as ordaining ) had rid us of all the rable of Rebellious revengefull Presbyters without a stroke . For the businesse of usurie , I shal not draw up my charge till I discover the Scottish Presbyterian Cantores ; Yet you were best have care ( whatsoever becomes of the ancient Canons ) that you be not too severe in depriving for that , lest you get a rebuke from your brethren abroad , who , it may be , desire not to shake hands with you in that point of the Discipline . The Bishop neither tooke out , nor put in any causes of Church-mens deprivation , but merelie transcrib'd , what he thought more concern'd a Civile Court , then a Synod . If he had been at the charge of reprinting all whereof your booke of Discipline makes mention , he must have left an &c. to bring up a reserve ( though yov will not owne it ) of preaching , penning , practizing , schisme , sedition , Rebellion against moderate , just , & pious Kings , aswell as what your Assemblies were solicitous to prohibite , under the terme of Schisme , or Rebellion against the Kirke . For the first , & last of the three sinnes you draw out ( because you will have the pleasure , at least , of licking your lips at the naming ) His Lordship knowes no Bishop , nor Doctour but may finde a namelesse Scottish Presbyter to give place to . If he should be mistaken ( which he hath not so much reason to hope , as charitie to wish ) he sees in St. Iames the guilt of murder aequivalent to adulterie , & made as great a transgression of the law ; He heares of Isaiah's triel in Scotland , which deserves the same wonder , & crie of the Prophets . Ye are drunken , though not with wine , ye stagger , though not with strong drinke , &c. And , since your last returne out of England beholds sitting at Edenburgh , aswell as London , the great whore [ instead of her blew ] arrayed in purple , & scarlet colour , & decked with gold , & pretious stones , & pearles , having a golden cup in her hand full of abominations , & filthnesse of her sornication ; And upon the forhead of the woman drunken with the bloud of the Saints , & with the bloud of the Martyrs of Iesus , a name written with a beame of the sunne , Mysterie , Babylon the Great , The Mother of harlots , & abominations of the earth . For the third sinne of gluttonie [ which you will have produc'd , because in your canon , though not much for your credit that your excessive gossiping comes to be cognosced by your Church ] all Bishops , & Doctours may freelie bid desiance to your sect , of whom so manie are so often known to be as fed horses in the morning , & though you flatter your selves into a conceit that the noyse is not heard , are neighing as much as those in Isai. So that you may in due time have , what you better deserve , the same curse with the Priests in the Prophet Malach which will spoyle your reviewing & singling out other mens crrours , or secret sinnes to the shame of Christianitie among the Nations , when your selves are spiloi , kai momoi , the principal spots , & blemishes that are in it . God may corrupt your seed , & spread dung upon your saces , soleunitatum stercus , even the dung of your solemne feastes , & you , more likelie then they , may be taken away with it . The Bishops third chalenge mounts somewhat higher then your answer , which pleades onelie for preaching upon texts , concerning the Magistrates dutie , & resolving , from Scripture , their doubts , both which reach up onelie to a judgement of direction : but his Lord●…hip cites the clause in your theorem , which makes difficult cases between King , & people subjects of cognizance , & judgement before the Assemblies of the Kirke , And this , he sayth , riseth to a judgement of jurisdiction . Your second booke of Discipline is more modest in language , though as mischievous in meaning . The Ministers exerce not the Civile jurisdiction , but teach the Magistrate how it should be exerciz'd according to the word ; whereas if you take cognizance of , & pronounce judgement in , these difficult cases , Or call before you such as may be more easie , but should be heard otherwhere ; this is no other but exercing civile jurisdiction , as spiritual as you make it . If you , with the terrour of your excommunicating Maozin , overaw the Magistrate into a servile submission to what you praescribe , this I take to be no teaching , but commanding , & instead of resolving by deliberate advice , & Christian moderation , cutting in sunder with this sword of your spirit ( no word of Gods ) the knots , & perplexities of his conscience . What doubt-resolvers you are commonlie between Master , & servant , husband , & wife , your licentious demeanour in many families may informe us , where ( it is too well know'n ) you have made your selves judges of the trivial oeconomical causes in the hall , & dispensers of , or with , more private duties in the chamber ; So that , they say , the good man hath many times met with a consistorian censure at his table , & , if not with a Presbyter a Presbyterian prohibition in his bed : I beleeve you mistake preaching Praelates , & Doctours for some babling Puritanical Pastours , & Lecturers in England , who have made these things , their care , & gone about them , as the uncontroverted parts of their Ministerial function . The Bishops negligence herein was the silent reverence he payd , which you owe , to Majestie at a distance ; And His Lordships modest declining domestike curiosities , a civile diversion from that , wherein the word is so cleare , as to need no interpreter , & the Husband or Masters authoritie so absolute , as admits no superintendencie to praedominate . Your license to preach personallie against Princes , I finde given to your Fore-fathers in an answer to the Queenes proclamation 1559 Your tradition still continues the same , touching which ( for brevities sake ) I must againe send you ( as I can not too often ) to the famous Grotius . De Imper. Sum. Pot , cap. 9. What the Parliament propon'd to you about the late engagement , included no such great scruple of conscience as to long for the comfort of your resolution , nor was that , when they had it , the starre by which they steer'd their course , in the businesse . They knew your violence [ call'd zeale ] to be such , as would force an entrance into the hearts of many poore people , which , when it sindes emptic , swept , & garnished for better ghests , would call in 7 wicked rebellious spirits to possesse them . This epidemical mischiefe they endeavour'd to praevent by acquainting you with the plausibilitie of their enterprize , & if they could have praevailed for either your consent , or silence , they should have the lesse need , they thought , to looke backe in the prosecution of their designe . What conjunction soever you found to be at that time driven on , I can assure , you there was a clearlie malignant partie on this side , that found themselves separated , & who trembled at the hazard of their religion , & the persons of them , that were to be most eminent instruments of its praeservation , when they saw such a solemne outward compliance with oathes , & Covenants , & with a Committee of Estates , that declar'd so at large for the former joint-interest with England , against the Liturgie , & established religion in our Church . Yet their warning against it made no other noyse then sounding of their bowels in compassion to the King , whom they desired to have by any meanes , delivered out of the hands of the mercilesse Independent , and a tendernesse toward their sweet , & ingenuous Prince , who with his loyal & generous Nobilitie●… , they feard might be deluded , & fall into the hands of the darke mercenarie Presbyter , the orthodoxe , untainted partie being not intermix'd in such a visible number , as seem'd likelie to secure them from that danger . The Congregational supplications were naught , but your Consistorian jugglings : Your selves sow'd the winde in some whispering Assemblie instructions , & then reap'd the whirlewind . in tumultuous petitions from the people . So that your own spirit first rais'd the storme , & then wrapt it selfe in a mistie multitude for concealment . That the States of the Kingdome sent several expresse messages for that end , viz. to receive an Assemblies replic in a Magisterial Declaration against their proceedings ; in pulpit banning , & cursing ; in Clamourous seditions , & , as you could make , militairie opposition , I can not get within the compasse of my faith , & take it to be such a salving of conscience as none but a Scottish Classical Casuist will professe , beyond what any Jesuite in ordine ad spiritualia will challenge with all the rebellious circumstances , that accompanie it . For that filthie conclusion you cast upon the Bishop , we know aswell as if we had seen it drop , that it came from the corrupt praemises in your head . In the case you produce His Lordship ties not up the tongues of Gods servants , but concludes the counsel of the wicked to be deceit , Gods law not to be taken from your preaching , nor his Covenant any more from , then in your mouth . To applie your general to the particular in hand , The warre you thought unlawfull , because it proclaim'd libertie to the captive , & the opening of the prison to His Majestie that was bound ; And the law in St Iames , you had no reason to submit to , who may , not uncharitablie , be thought to have resolved upon a connivance at , or collusive neutralitie in the murder , that was otherwise visiblie to follow . The greatest impietie , & injustice , I know , was in it ( as exquisite as you are in casting the fashion of uncertain evils ) was the advancement of your Covenant in the Van. And , if for that , the Engagers were to expect nothing but the curse of God , I am sure they deserv'd no anathema from your Kirke . If your doubting Nation be put in the scales with your resolving Nation that engaged , I beleeve we must give you at least a graine or two to make it aequiponderate . They , that stated their soules by the councel of your Assemblie , stay'd behinde to praevent all recruit , & oppose the retreat of their more loyal Countrey men upon a possible misfortune . For the lawfulnesse whereof they had somewhat , worse then silence , from the ( miscalled ) servants of God , though , I am sure , no authoritie from his word . When Religion , & Royaltie lay panting under the talents of most cruel Rebells , the Civile businesse of warre was by the other birds of prey unseasonablie disputed . What concern'd the soul in it , had the cleare sunshine from the law , & the testimonie to warme , & quicken it , That the Assemblie spake not according to this word , was because there was then no light in them , the lampe of the wicked was put out . What the Church declared in their publike papers to the Parliament had very litlie of modestie , or truth . It bound up your engagement in so many knottie conditions , as had made it sure enough for vindicating the wrongs the sectarians had done , when the onelie injur'd persons were excluded out of their share in the promised successe . To expect reason by Christian , & friendlie t●…eaties from them that you acknowledge had bid adieu to Religion , & Covenant , when your zealous selves , praetenders to both , never offered any heretofore , was like the fine-spun thread , or Covent garden paper you put in afterward between the axe & the Royal head it cut off : If the good people in Scotland were so willing to hazard their lives , & estates ; what good Pastours were you that held their hands , & forc'd then to sit still . By whose cunning , & misperswasion the engagement was spovled , or impeded in the stating , we require no farther evidence then from your pamphlets , By whose rash praecipitancie , or somewhat else in the managing ( if it may not be ascribed to the fortune of the warre ) is a mysterie yet not perfectlie revealed . The number was large enough , though the most religious , as you call them , were absent , & the armies courage . I thinke had not been much greater by their companie . The lies spoken in hypocrisie did but cauterize the conference of the wretched people that stayd at home . The lethargie , call'd peace , which they slumber in for the time , may hereafter breake out into an active warre , to the ruine of the Assemblie spirits that seduc'd them . The three reasons the Bishop toucheth upon , as the principal , may be the test for the many more that went with them . So that we shall not need to rake in your dunghills for the jewel that you promise , which , when we have found , will not yeild one graine of faythfullnesse in your Church . They , that foretold the destruction that followed , were not unlikelie the instruments to effect it . If the Kings friends should not march till the Assemblie Zedekiahs put on their hornes , though his person be more righteous , we looke his successe should be litle better then Ahabs , & the Independent Syrians push'd no otherwise then in mockerie and sport , while his loyal subjects should be too seriouslie scatered on the hills as sheep that have no shepheard to enfold them . If the misbeliefe , & contempt of whom you call the Lords servants , & the great danger , unto which you make religion be brought , were the onelie losses sustain'd in the last armies misfortune ; let those workers of iniquitie perish , that to the ruine of soules , endeavour to repaire them . What griese of heart , or repentance , hath shew'd it selfe in those persons , you say , contributed to the spoiling but must meane , unlesse you condemne your selves , such as were forward in promoting that designe , whether in a politike hypocrisie , or ( which can hardlie be rationallie afforded then ) a misguided sinceritie , will find it to be poenitenda poenitentia , & a hard retreat from the guilt , & shame of that botomlesse penance you praescrib'd them ; unlesse their judgement be , as their sinne , the same with his who sold his birth-right , as they theirs to their libertie , for a morsell of bread , a poor inconsiderable temporal subsistence , & may finde no place of repentance , though they secke it carefullie with teares . Should all the Disciplinarian hands be cut off , that were not held up to the agreement of bringing , by a warlike engagement , the Sectarian partie ●…in England to punishment , David Lesley would have but a left-handed armie , & His Majestie might relie upon halfe his securitie aswell for his crowne , as his religion . They who , to gaine their arreares , so easilie , I must say traitourouslie , parted with that Royal person , are not to be credited as men so unanimouslie resolv'd , with hazard of lives , & estates upon his rescue . Nor can any man , whose faith as not resolv'd into aire , & so , readie to engender with the faint breath of every dissembler , beleeve that they would with such hazard make a long march to the Isle of Wight , who would not , with lesse , conduct His Majestie , a day , or two from Holmebie . But had you been at that trouble , & had Victorie strewed roses in your way , when you should have with pleasure regain'd the rich purchase you went for , I preceive you had been at a losse for a chapman , & a great uncertaintie where to dispose it untill you had got one . For first you talke of bringing the King to one of his houses to perfect the treatit , Then of bringing His Majestie to London with honour , freedome , & safetie , Next of bringing him to sit in his Parliament with what honour , & freedome himselfe should desire ; And all these with in the extent of a few lines , which make three degrees of doubt in the Saints , even after their debate of that matter , & universal agreement , not to be quaestion'd . But let us suppose the last , & best of the three in your purpose , & your avant Curriers on horsebacke to hasten it : I see you are pleas'd to call them backe with a quaestion , to which I pray tell me where the Lords servants , or loyal subjects of Christs Kingdome e'r made a like . Yet you shall have your answer by & by , though you shew not the like civilitie to the Bishop , who seemes to state his quaestion thus . Whether when the Parliament , & Armie of Scotland had declar'd their resolutions to bring His Majestie to London , &c. without conditioning for a promise of securitie , for establishing ( at best a controverted ) religion , any legitimate full Church Assemblie ought , an illegitimate imperfect Clerical combination or Conventicle , could in ordine ad spiritualia , declare against the engagement ; call for the Kings hand , seale , oath , to establisp a cut throat covenant to the ruine of his person , & posteritie , Religion , Lawes , Libertie , Monarchie , & whatsoever His Majestie was , by a solemne oath , & indispensable peswasion of conscience obliged , with the hazard of life & Kingdomes , to maintaine . In answer to yours take this . The Parliament , & armie of Scotland in declaring their resolutions , &c. did what they ought , & that according to your own principles , for you had the securitie of His Majesties Royal word [ more then once ] for establishing your Religion in Scotland , according to the treaties that had been perfected between the two Kingdomes ; If you intended the like courtesie to England , your Parliament , & Armie , had it consisted of none but the Saints , were in no capacitie to take it , being no part of the principals concer'd in the benefit , nor deputed by England to capitulate for it , Therefore their rescuing His Majesties person out of the Sectaries hands , had been the untying of his , & puting him in a posture to give ; The bringing him to his Parliament in London , where likewise your own Commissioners resided , had been the seting him in sight of such as were to aske , & receive . Which is the same kind of Logike you us'd in your answer to both Houses of Parliament upon the new propositions of peace , & the 4. bills to be sent 1647. Where I finde your opinion , & judgement to be this , That the most aequal , fairest , & just way to obtaine a well-grounded peace is by a personal treatie with the King : & that his Majestie for that end be invited to come to London with honour , freedome , & safetie . For which you offer 6. reasons . 1. The sending of your propositions without a treatie hath been often essayed without successe… Of those propositions this ever was one , To promise securitie for establishing religion , And what better successe could now be exspected ? 2… His Majesties proesence with his Parliament must be the best , ●…if not the onelie ●…remedie to remove our troubles . This remedie the Parliament , & Armie intended to helpe you to . 3… Without a treatie or giving reasons for asserting the lawfullnesse , & expedience of the propositions to be praesented , they may be aesteemed impositions . This proposition was to be sent without a treatie , being neither lawfull nor expedient for the many reasons His Majestie had formerlie render'd . I remit the Reader to your paper for the rest , & a great deale more of selfe contradiction ( with somewhat worse , ) which one of the new English Lights hath discover'd in his answer . But you shake of that like an old serving-man which had done your drudgerie in his youth , & bestow your liverie on the Parliaments praecedent , which providence , beleeve me , will save you but litle . Your argument's this : The Parliaments of both Kingdomes in all their former treaties ever pressed upon the King a number of propositions , Ergo , The Church may desire the granting of one . I should be too courteous in casting up the numerous account of their rebellions aequal to their propositions , & keep out but a single unitie for you . I shall chuse rather to tell you ( cautioning first for the falshood in the fundamental hypothesis ) That in cases of treatie the Church of Scotland is subordinate to one , & therefore hath no adaequate conditioning priviledge with the Parliaments of both , Kingdomes , especiallie in her peevith state of opposition to both Secondlie , This proposition desired , is the Trojan horse into which all the rest of your treason 's contrived , there being no fraudulent possibilitie , Eccles●…astike , nor Politike , which your Sinon Assemblie hath not cunninglie lodg'd in the bellie , the winding entrailes , the maeanders , of the Covenant . Your clause in the parenthesis , when the bolts are off , & set at libertie , tells us your meaning is this . Let the Kings person , & children continue imprison'd , His Queen , Prince , &c. banished , His revenue sequester'd , his life be irrecoverablie endanger'd , rather then those of the Scottish Presbyterian partie ( for the rest you can not excommunicate out of your nation , though not in your covenant ) should run the hazard of their lives , & estates ; Which was the true result of your debate , & agreement . That you heard no complaint , when many of the thirtie propositions were pressed , was , because your eares were stopt against the lamentations of everie English Jeremic that wept for the slaine of the daughter of his people , being such an Assemblie as the next●…verse describes you . That an out crie , as you call it is made when onelie one proposition is stucke upon , is because that one streightneth the bands of your wickednesse , layes heavier burdens upon the shoulders of innocencie , & will not let the oppressed goe free ; And then Gods Prophets are call'd upon to crie aloud , not to spare , to lift up their voyce like a trumpet , &c. This one was that , the yeilding to which would most of all have violated His Majesties conscience , & in reference to which he tells you 'tis strange there can be no method of peace , but by making warre upon his soul. Yet let the case be disputable , & your tender excusable , at least in respect of the time , which you say was not to be before His Majesties rescue , but onelie before his bringing to London , &c. If so , why was not His Majestie first rescued , & delivered out of the hands of the Sectaries , & then your proposition insisted on ? The Bishop tells you the reason out of Humble advice , Edenb . Jun. 10. 1648. viz. lest his libertie might bring your by gone proceedings about the league , & Covenant into quaestion . All honest Christians , & loyal subjects [ though heathen ] are of the same beliefe with his Lordship , & whatsoever is their opinion in generall , expect that you prove the innocence , or justice of conditioning in this particular with your confess'd captive King. Concerning the absolute soveraignitie of Kings you are other where answer'd , & if not satisfied , may finde more worke made you by the famous Grotius , whose booke was manifestlie penned against you , & your usurping brother-Rebells of England , & bids defiance to all your Didoclaves , Buchanans , & Brutus's of both nations , till replied to . But away with your counterfeit inclination to treaties , which you ever abhorred like death , fearing in that peace , there could be no peace for your wicked selves , & therefore gave publike thankes to God for delaying your torments in the disappointment of that at the Isle of Wight , aswell by your plots , & devices , as by the Sectaries armed-force . The holinesse of this religious proposition was but the blinde under favour of which you stalked , & made safer approaches to His Majesties murder , by another , never hitherto repeald , immutablie design'd ; Nor are there many of your publike papers but forespake the destruction of his Royal Person , and Familie unlesse he submitted to the tyrannie of your tearmes , and whether that had quitted him as much from your judgement , as it assuredlie had from his supremacie , and crownes , may be guessed by the experiment he made in his first too full , fatal concessions , which your own Parliament Acts have registred completelie satisfactorie to the demands or desires of all sorts of people in Scotland , which too indulgent paternal , goodnesse having turn'd into poison , you regorg'd in his face by a foreigne invasion , and a base mercenarie rebellion till , like evening wolves , you rent in peices , and prey'd upon his person in the darke . The proposition I meane is that , for which one of your sectarian brethren calls God , Angels , and Men to judge of your dissembling in pressing a personal treatie , when His Majestie formerlie desiring one , you told him , There having been so much innocent bloud of his good subjects shed in this warre by His Majesties commands and commissions , … you conceive that untill satisfaction , and securitie be first given to both his Kingdomes . His Majesties coming to London could not be convenient , nor by you assented to . What satisfaction you meane , we know by your Discipline , which makes murder unpardonable , and then I pray , what securitie could be taken , but his life ? If the granting this one proposition you stand upon , concerning Religion , and the Covenant , had draw'n after it ( as it seemes by your silence ) the satisfaction for bloud , and securitie for your peace . We may clearlie conclude your Religion was murder , and no resting Canaan for your Covenant but in His Majesties death . Which in effect was thus foretold him by that bold Henderson . My soul trembleth to thinke , and to foresee what may be the event , if this opportunitie be neglested . He would not use , he said , the words of Mordecai to Esther , because he hoped beter things . Whereas if his hopes faild him , we may well argue he had us'd them , as you doe , that survive him , in your endeavour that he , and his fathers house should be destroy'd . But that you take confession to be the Doctrine of Antichrist , you m●…ght , without an ironie , put an ●…ce to your own being criminous , to the purpose , in declaring against the Parliaments debates , which if therfore needlesse , and impertinent , because you thinke , or will have them thought to be so , the Great Councel you make but a subordinate Eldership , or Classe to the supreme Assemblie of your Ki●…ke . You are not allwayes so modest as to keep your distance from your English Parliaments affaires ; We have for many yeares found you like loving beagles , upon eithers concernment , so closelie coupled in the slip of your Covenant , as if , when the game should be lost upon eithers default , you meant to be truss'd up together for companie . If it be proper to have any King in Scotland , the proper place of debate about his negative voice is as well a free Parliament there as in England . If your lawes admit not of that , they admit of no King , whose Regalitie consisteth in that , nor hath he any legislative authoritie without it . It is the argument of your own Commissioners , who use to fetch their Syllogismes from the Assemblie , therfore you that made it are best able to solve it . Their , or your , words are these . The quaestion is where in his [ the Kings ] Royal authoritie , and just power doth consist . And we affirme , and hope it can not be denied , That Regal power , and authoritie is chieslie in making , and enaciing lawes , and in protecting , and desending their subjects , which are of the very essence , and being of all Kings . And the exercise of that power are the chiefe parts , and duties of their Royal office and function . And the scepter , and sword are the badges of that power . Yet the new praeface compared with other parts of these new propositions takes away the Kings negative voice , and cuts off all Royall power , and right in the making of lawes , contrarie to the constant practice of this , and all other Kingdomes . For the legislative power in some Monarchies is penes Principem solum … in other … by compact between the Prince , and the People … In the last the power of the King is least , but best regulated , where neither the King alone without his Parliament , nor the Parliament without the King can make lawes … which likewise is cleare by the expressions of the Kings answers , Le Royle vent , and Le Roys ' avisera ; So as it is cleare from the words of assent when Statutes are made ; and from the words of dissent , that the Kings power in the making of lawes is one of the chiefest jewels of the cronne , and an essential part of Soveraignitie … somet mes the Kings denial had been beter then his assent to the desires of the Houses of Parliament … If I had transscribed all , the Reader had found the argument more full . Out of this , compared with what you write , he may rest assured , that in declaring at that time against the Parliaments debate ( which in truth was vindicating the Kings negative voice ) you were resolved against Regal Government . And whatsoever since you have publish'd in a mocke proclamation , had your Covenanting brethren kept their station in England , the Crowne and Scepter , if not condemn'd to the coyning house , had been kept perpetual prisoners in Edenburgh Castle , whither with funeral solemnitie you have caried them ; nor had there been any Royal head , or hand kept above ground for their investment , while your Rebells could catch them , and procure sword , or axe to cut them off . But to follow you in your tracke . If your lawes admitted not absolute reprobation , by a negative voice , they did praeterition by a privative silence , which was all together as damnable to your Parliament bills , they being made Acts by His Majesties touch with the top of his Scepter , and those irrefragablie null'd which he pass'd by . In what followes , you shew more ingenuitie , then prudence , by acknowledging the ground whereupon you built your censure of this debate in Parliament as needlesse and impertinent , because of the power it might put in the hand of the King , to denie your covenanted propositions . But alasse you graspe the wind in your fist , and embrace an anie cloud within your armes , and , like some fond Platonike , are jealous over that jewel you never had . The King of blessed memorie told you , when he spake it to your brethren , He would never foregoe his reason as man , his Royaltie as King. Though with Samson he consented to binde his hands , and cut off his haire , he would not put out his eyet himselfe to make you sport , much lesse cut out his tongue , to give you the legislative priviledge of this voice . That you , at best , sit in Parliament as his subjects , not superiours , were call'd to be his Counsellers , not Dictatours ; summond to recommend your advice , not to command his dutie . And what pretie puppets , thinke you , have you made your selves for so many yeares together to the scorne of all nations , when you so formallie propounded to His Majestie to grant , what you professe he had never any power to denie . What comes next is one of the many springes you set to catch cockes , but your lucke is bad , or you mistaken in your sport . I see if you were to make an harmonie of confessions , you would be as liberal of other mens faith , as of your own . What the beliefe is of the warner , and his faction about the absolute affirmative voice of any King , you had heard more at large if you had fetchd your authoritie from any line in His Ld. booke for that demand . Yet to keep up your credit ( that you may not mount to no purpose ) . I will bring one who , in spiritualibus at least , shall take off this sublimate from your hands , and pay you with more mysterie of reason then you have , it may be , found in any other of the faction . Nulla in re magis ciucescit vis summi Imperii , quàm quod in ejus sit arbitrio quaenam religio publicè exerceatur , idque praecipuum inter Majestatis jura ponunt omnes qui politica scripserunt . Docet idem experientia , Si enim quaeras cur in Anglia , Maria regnante , Romanae Religio , Elizabetha verò Im●…rante Evangelica viguerit , causa proxima reddi non poterit nisi ex arbitrio Reginarum . Going on in the Religion of the Spaniard , Dane , Swede , he tells you ad voluntatem dominantium recurretur . Though I shall onelie give you this quaestion in exchange for your language of concluding , and impeding . If Parliaments have power ad placitum to conclude , or impede any thing by their votes , what part of making , or refusing lawes is to the King ? If the Bishop had challeng'd you for nominating officers of the armie , you are not without some such parrot-praters abroad as can tattle more truth then that out of your Assemblies . Nor need you be so nice in a mater so often exemplified in Knox , & his spiritual brethren , who , as appeares manifestlie by their leters , &c. Were the chiese modellers of all the militia in their time , and His Ldp. having shewed you when your pulpit Ardelios incourag'd the seditious to send for ( though in vaine ) L. Hamilton by name ( and Robert Bruce dispatched an Expresse for him ) to be their head . You are here charged onelie with not allowing such as the Parliament had named , because not so qualified as you praetended . That the State ever sent the officers they had chosen , to doe over all the postures of their soules , to discipline either their men or affections before you , and to have your Consistorian judgement of their several qualifications and abilities , is more I confesse then hitherto I have heard of , That you put it to the last part of your answer ( relating to no part of the quaeltion ) was but to shew what you beare in your armes ; That , as plaine as you looke , the crosse on the top of the crowne is the proper embleme of your Assemblie , whom no civile mater can escape , having a birthright from Christ ( or deputation at least ) to overrule both his Kingdomes upon the earth . Your Ifs & And 's about the necessitie of a warre , in that moment of time , when the British Monarchie Lay gasping for life , demonstrates what good meaning you had to praeserve the Person , or Government of Kings . The constant proofe of that integritie you required in the officers , must have been the covenant-proofe of their rebellion , and wickednesse , which , if blemished from the beginning of the warres with no religious , nor loyal impression , no sincere pietie toward God , nor real dutie to the King , had marck'd them out for your Mammon Champions and Goliahs , men most likelie to make good the interest , you aim'd at . This you were before practising in England , where your Sectarian Masters , that had set you on horsebacke , mean'd not to take your bridle in their mouthes , and be rid by your ambition to their ruine . Though you advis'd them faire for 't in your Papers March 3. 1644. requiring to have the officers in their armie qualified to your purpose… men know'n to be zealous of the reformation of religion , and of that uniformitie . Which both Kingdomes are obiiged to promote , and maintaine , &c. As in September , the yeare before , you told them you could not conside in such persons to have , or execute place , and authoritie in the armie raised by them , who did not approve , and consent to the Covenant . Which I sinde by one , well acquanted with your meaning , interpreted thus . You desired to have zeaious hardic men out of the North , whose judgement about the Covenant , and treatie had concurred so as to introduce your Nation to be one of the Estates of England , to have a negative voice in all things , who would have pleaded your cointerest with the Parliament of England , in the Militia of the Kingdome , disposal of places and officies of trust , &c. Having faild there of your cointerest with the Parliament , you straine here for your cointerest with the King , and would have the commanding power of his militant Kingdome in their hands , that should have held His Majestie like a bird in a string , which if he once stretch'd for recovering his own just liberties , or his peoples , they could have pluck'd him in to clip his troublesome wings , or cage him at their pleasure . The firmnesse of your Covenanting Commanders to the interest of God , the Dispeller reveales in his experience of their striking hands with hell , in cursing , and swearing , plundering , and slealing , which might have sill'd the hearts of the people ( had your poison not been administred under the guilt of wholesome advice ) with more rational jelausies , and feares then any by past miscariages , of them whose designe at that time was very hopefull , and honourable , otherwise then as it caried the fatal praetext of your Covenant before it . To let the world know how long your mysterie of iniquitie hath been working in the bowells of the State , the Bishop alledgeth ancient praecedents of So. yeares standing , from more impartial , more credible relations then those in yourRomance , falselie intitled , An Historical Vindication . What you shovell in here about treacherous correspondence with Spaine , is but an handfull of sand without lime , adhaeres not at all to the Inquisitours troubling the Merchants in their religion , nor that to your admonishing the people to be warie in their trade ; nor all at all to the truth which the Bishop tells you was a Synodical Act prohibiting their traffique under the rigid poenaltie of excommunication , which , all the art you have , can not melt into a friendlie advertisement . Those of the Merchants , whom ( you say ) the Inquisitours seduced , required no relaxation ; Nor were the rest so persecuted as to be discourag'd in their trade , when they petition'd the King to maintaine that libertie , where of your spiritual chaines had depriv'd them . Therfore all your courteous mediation was but a disguis'd Imperious prohibition , whereby you checkt the King , and in ordine ad spiritualia tooke it for granted , you mated him , by the Merchants weake submission , to your Censure . Could we but once take it your Church in agrieving fit for her owne so publike profanesse in the daylie breach of the 5 , 6 , & other commandaments that follow , we would tolerate her zeale though not commend her discretion , in her will worship , & superstitious nicitie touching the violation of the fourth . But when we finde her enlarging her conscience to laugh at rebellion , murder &c. We guesse her crocodiles teares to be more out of designe then compastion , & her mouth open for the destruction of them , that are not , through knowledge [ of her hypocritie ] delivered . The profanation of the Sabbath is not so in conjunction with à Monday mercate , but that à Saterdays , journey , with some sixpeenie losse , or à Sunday nights watch , and labour might separate them . Your holie supplications were leven'd with Iudaisme , which had not the Bishops in Christian libertie eluded , as your advantage might lie , the Parliament might have next been importund to Dositheus's follie , to erect à rediculous statuarie Sabbath in your Countrey . Though I heare all were not so hard hearted as you make them , but that Patrike Forbes Bishop of Aberdene did translate the mercates ( which are none of the least ) in his diocese to wednesday , as the provincial records of that place will testifie , From the obstruction made by the rest to your petitions , you cannot inferre , what you have formd in a calumnie about their doctrine , & example on that day . What sorts of playes ( which were not all if you reckon right ) the most emminent Bishops either us'd , or tolerated , were such as consisted with , and spirited , the Dominical dutie of publike and private devotion , wherein they had the authoritie and praecedent of otherguesse Christians , then any scotish Assemblie praecisians , and seconded with reason , such as hitherto , you never seriouslie , and solidelie answered . If they endeavoured to make the Sunday no Sabbath ; they did it in a farre better sense , and on better grounds then Rob. Bruce could have changd it , as you know he endeavoured , to Wednesday or Friday , and Lent from spring , to Autumne , on purpose to priviledge the pure brethren ' in the singularitie of their worship , and free them from a profane communion ( though not in the time ) with Papists , and Praelates . If the Bishops had a designe to advance their Kingdome by such old licentiousnesse , and ignorance as this innocent libertie might be feard to reduce ; We know to whom the Presbyters somewhere are beholding , at least for their Sabbath policie , though they thinke good to enlarge it , beyond Episcopal sports , and playes , to publike mercates , to brewing , fulling , grinding , carying beer , corne , dung , and indeed what not ? except opening whole shops , and wearing old clothes ; For redressing which I doe not finde your compassionate prayers to god , or advice to them , ( which I remember you us'd ) so effectual as to make any amendment , or gaine any proselytes to your circumcised severitie . Therefore , till you praevaile I pray let the Bishops be troubled no more with what all your flintie fac'd malice can not appropriate to the times , or places of their government . What hath been granted since you cast them out of the Parliament , was by them ; that had no more power in one sense to giue then in another to denie . Yet had all your demands meant no worse , then you spake in that about the due sanctification of the day , you might have let them sit still , have had the Souters your friends reconcil'd , and made a better mercate of those Royal concessions , which met too farre ( unlesse your gratitude had been greater ) your unlimited reguests . For the chalenge that followes , The Bishop knowes so well the historie of that time , that he is faine to leave a masse of horrour unstampt in his thoughts , conceiving it uncapable of any due impression by his words . And whosoever shall looke upon Scotland at that time , shall finde it to be nefandi conscium monstri locum , a place that had bred such an hideous monster , as neither Hircania , Seythia ; nor any of her Northerne sisterhood would foster . Not long before , when the Queen was great with child of that Prince , to whom you professe so much tendernesse soon after , not valuing the hazard , of that Royal Embryo , you hale her Secretarie , her principal servant of trust from her side and murder him at her doore ; Because the King would not take upon him the praerogative guilt of that cruel murder , according to the instructions you had given him , you finde him uselesse must have him too dispatchd out of the way , which was done , though not by the hands , by the know'n contrivance of Murray in his bed , his corps throw'n out of doores , and the house blow'n up with gunpowder where he lay . To get a praetense for seizing upon the yong Prince , you make the Queen and E. Bothwell ( because her favourite ) principals in the murder of his father , possesse the people with jealousie ; of the like unnatural crueltie intended to him . Hauing got the Royal infant in your hands , you not onelie null the Regencie of his mother , vou worke all the villanie you could thinke on against her person in his name , and make him , before he knew that he was borne , act , in your blacke or bloudie habits , the praevious parts of a matricide in his cradle . In order hereunto the Queen ( as you say , ) was declared for Poperie , which requires some Presbyterian Rebell glossarie to explaine it , there being no such expression to be found in the language of any orthodoxe , loyal Christians in the world . In this conjuncture of wickednesse , that no other way of safetie was conceivable for your Protesting , and Banding religion , but a continued rebellion , no other to make sure of the infant King for your prisoner , the Kingdome your vassal , but by such a grand combination in treason , may be granted at sight of your several praeceding desperate exploits . For this end your General Assemblie might crave conference with such of the secret Councel who were as publike Kebells as your selves . That your advice was mutual whose end and interest was the same , is not to be doubted , saving that we may observe such godlie motions to spring first from the vertuous Assemblie , as you confesse touching this . Your call was in much more hast then good speed , and your considerable persons conven'd a great deale more frequentlie then they covenanted . Argile , that did , slept not wel the next night , nor was he well at ease the day after , till he had reveald your treason to the Queen Knox tells you , That the people did not joine to the lords , and diverse of the Nobles were adversaries to the businesse . Others stood Neuters , The slender partie that subscribed your bond began to distrust , were thinking to dissolve , and leave off the enterprise a confessed casualtie gave up the Victorie , with the Queenes person , unhapilie into your hands . This mixed , & extraordinarie Assemblie had litle sincere , or ordinarie maners to call that a Parliament , which was none , having no commission nor proxie from their Soveraigne and to make it one chiefe article in their bond , to defend , or endeavour to ratifie those Acts , which their Soveraigne would not , when the lord St. Iohn caried them into France . But they persisted in the same rebellious principle , professing in terminis that tender to have been but a shew of their dutifull obedience And that they beg'd of them ( their King and Queen ) not any strength to their Religion , which from God had full power , and needed not the suffrage of man &c. They are Knox's words , which , were there no other evidence , are enough to convince any your aequitable comparers . That the just authoritie of Kings , and Parliaments in making Acts , or lawes is in consistent with the Presbyterian government . Which is the summe of the controversie in hand . No secret Councel , especiallie , if in open rebellion , can impower an Assemblie to issue letters of summons when their Prince's publike proclamation disclaimes it . The greatest necessitie can be no colour to that purpose , Though , what srivoulous ideas of great necessities the Presbyterie can frame , we may judge by their late procedings in our time . Your religion , and liberties seem then to have been in no such evident hazard , as you talke of ; if they were , you may thanke your selves , who had the Royal offer of securitie to both , the Queen onelie conditioning , & craving , with teares the like libertie of conscience to her selfe The life of the yong King was daylie , indeed , in visible danger from the hands of them , who had murderd his father , and ravished the crowne , or Regencie from his mother , but who they were I have told you . In such an ambiguous time men of any wisdome , other then that which is carnal , and worldlie , and so follie before God , would have betaken them selves to their prayers , & teares ; men of courage , and pietie would have waited the effects of providence , and not so distrust fullie , deceitfullie peic'd it with their owne strength . From such lovers of Religion , as contest , covenant , depose , murder ; as rage , ruin , proscribe , excommunicate , Libra Reges , & Regiones Domme Good Lord deliver Kings , & countreyes from them all ; Fortis est , ut 〈◊〉 , dilectio ; jura sicut infernus amulatio , Their love is strong as death , in the letter : their jealousie is cruel as the grave ; The coales thereof , are coales of fire , which have a most vehement flame ; No waters of widowes or orphans teares canquench it ; No flouds of innocent bloud can drowne it . It 's not unlikelie the Praelates resolution may be , That when a most wicked companie of villaines had deposed two Queenes and killed one King ; endeavourd to smother the spotlesse Majestie of a Royal Son with the fowle guilt of their injurie done to his Gracious Mother , which they cast enviouslie upon his name : And after these to draw a Nation , and Church , under the airie notion of a true Religion , never establishd by Law of God norman , into a Covenanting Rebellion : And a free kingdome under a legal Monarchie into an illegal oppressive tyrannie . That in this case there ough to be a general meeting of Church and state , to vindicate Majestie , lawes , libertie , and provide remedies against such extraordinarie mischiefes . That the Presbyterian Scots never were , nor will be of this opinion , I take your word , and beleeve it . Take this supplement with you That E. Bothewell should kill the King to make way for Poperie , and Murray before endeavour to hinder his mariage with the Queen , under a praetense of a designe by that then to bring it in ( which historie relates ) will cost some paines to reconcile Errours and abuses in Religion , the ordinarie reformation whereof is referred to your Ecclesiastical Assemblies , are such onelie as appeare to be peccant against the ordinarie rule or canon by just authoritie established ; But that the Canon it selfe should be alterable at the pleasure of subjects in a combined Assemblies declining their subordination to a superiour power in King , and Parliament ; and making them selves not onelie absolute to act , but supreme to praescribe , is contradictorie to all law , and aequitie nor can any necessitie countenance it . What you finde wrong in the Church , according to your method , must be no other , then that , which had been formerlie decreed in some of your Assemblies , which must implie a fallibilitie in their application of the rule ; This errour when you goe about to rectifie from the word of God , you may chance to have no clearer evidence then your praedecessours , nor the people assurance , that your eyesight is better . So that , for ought they know , one blinde Assemblle may leade another by the hand and both with their followers fall into the ditch . Beside It may so hapen , that religious Acts , answerable to the word , may be offensive to some wicked Assemblie , that have not the feare of God before their eyes , These if they have the power , to be sure they want not perversenesse to abolish , for which I finde no cautionarie restraint in your discipline . For , after you have praetended to rectifie if upon your dissembling petition a following Parliament refuseth to ratifie that you have power to abolish , and establish what you please , I finde every where confessd by your faction . And this indeed , as you say , is your ordinarie method of proceeding in Scotland , but in no other Reformed Countrey , who every where attribute to the Magistrate an Architectonike power in the Church , and but a ministerical , or instrumental to any Synod or Assemblie , Videlius , and other your brethren of note on this subject making you Bellarmines papists , though when your Kings , stand publikelie in opposition against you for the maintenance of their right , 't is quaestionable whether his most plausible reasons will as well priviledge you in his doctrine . The legal method of England you know well enough is otherwise , and therfore can not ad mit of your Discipline without altering the fundamental lawes , the most essential part of gouverment in our kingdome . The three foolish , & unlearned quaestions that follow tell us you are in the mind to gender strises , rather then according to Saint Pauls counsel , follow righteousnesse , fayth , charitie , or peace . To the first I answer . Christians of old , before the Emperial lawes for paganisme were revoked , were more or lesse hindred from embracing the Gospell , according to the zeale , rigour , remissenesse or clemencie of the Emperours that reigned . Those that obeyd not their commands , suffer'd their punishments , resisted no powers , reversed no lawes . Nay , it s as high a trial as can well be instanc'd , when Maximilian , & Diocletian publishd an edict to demolish their Churches , and burne their Bibles , because one was found that in great in dignation tore the paper in peices , being condemned to die , all Christians that heard it approved the sentence , and commended the justice of the pagan Magistrate in his execution . To the second thus . The oecumenical and National S●…nods of the ancients had ever the praesence or authoritie of the Emperour , without which they reformed no haeresies nor corruptions in religion . Who by ratifying their canons did cancel all the lawes of state , which did protect those errours When this could not behad but with praejudice to religion , the Emperours them selves being draw'n in by the haeretikes to their partie , they onelie declared their different opinion , submitted to censure , were disspersed in exile , nor did they countermand by the terrour of excommunication , and cursing , but when summond by the Emperour to rectifie any abuses in the Church . This may be seen in the time of Constantius addicted to the Arians . To your third I answer thus . The civile lawes in Britanie , I meane for our part in it , whereby Poperie was established , were annull'd by the King , whom we make absolute in that power . If the reformation begun by Hen : 8. be thought clogg'd with any seeming violence , sacriledge , or schisme ( which some ties on his conscience that requir'd a more deliberate solution , and some indirect passionate procedings give the Papists a kinde of coloural argument to object ) I see not how you are justified that imitate it , nor we bound to susteine the inconveniences that attend it , who may fairlie make the reigne of K. Edward our epoch , and from him , in his first Parliament , fetch our authoritie for the change . On your side of Britain , I finde naught but a continued rebellion in the reforming partie ( as you meane it ) till K. Iames grew up to a judgement of discerning and some resolution of restraining : Nor till that time ( though I hope well of many thousand persons under a Presbyterian persecution ) can I in reason quit the praevalent part of your Church from a succession in schisme . For Germanie and France I have no more to do at this time to be their judge then their advocate , seeing no where His Lp. joyning with his brother Issachar in impleading then for rebellion . All you can logicallie collect is such a major as this . They who reforme according to the Presbyterian Scotish met●…od by abolishing Acts of Parliament in a surreptious or violent Synod , by framing Assemblie Acts for religion , and giving them the authoritie of Ecclesiastical lawes , without or against the consent of the Magistrate cheate the Magistrate of his civile power in order to religion . If you will needs be assuming in behalfe of your brethren in Germanie and France , they must put you to prove it , or quit them selves of your conclusion as they can . In the meane time I see your pasture is bad that you turne your catell so often grazing abroad . For the foole in the next line you send to the Bishop , I guesse it may be his minde to have him return'd by the creature that caries his brother Issacha●… burden , expecting a wiser answer by the next paper Mercurie you imploy ; which can not be without bringing to light that law that praeauthoriz'd the Ministers protestation against the Acts of Parliament 1584. And that Act of Parliament since the null Assemblie of Glasgow yet standing in force that made Bishops and ceremonies vnlaw full ; The former , beside the contradiction it caries with it , devolving the legislative power upon the Kirke , which according to you can keep the Parliament in awe not by petitioning but protesting , and so ratifie or null all lawes declared at her pleasure ; The latter , beside the long perseverance in sinne it imputes to the Latin and Greek Churches , as well before as after the corruption in either , the late warmnesse to all Reformed Churches abroad , which never hitherto in any National Assemblie declared regular Episcopacie and ceremonies unlawfull , outdoing the very Act of abolishing which his Majestie in Parliament ratified with reference to no unlawfullnesse , but inconvenience , & retracted that too in his too late , yet seasonable , repentance afterward . Though for what His Lp. objects , were there too after Acts of Parliament to ratifie the substance of what the Kirke repraesents , no one of them thereby justifies the circumstance of Ministers mutinous protesting against lawes made in houres of darkenesse , upon what misinformation soever , which is treason against man and excusable by no formal obedience toward God. This for the Bishop to publish , being one of the Governers of that Church which strangers plot what they can to seduce into the same rebellion , with their owne , is no contemning of law , but discharging his conscience and dutie in his place . By the next storie the Bishop will gaine a more perfect discoverie of your resembling those grievous revoiters in Jeremie , who walke with slanders , being brasse & iron ; Who bend your tongue like a bowe for lies , and yet , when the true case is know'n be accounted by Solomon but a fool for your labour . In King James's minoritie who stole his name ( though they ner had his heart ) to act by it the most unnatural oppresion of that most gallant Queen his vertuous and gracious mother , to murder and banish many noble assertours of the reformed orthodoxe religion , & lawes , appeares upon publike record in your storie . This one Capt. Iames Stuart very noblie with standing your divellish temptations to have him maintaine a distructive dissention at Court with Esme Stuart . E Lenox , a faythfull subject & most deserving favourite of the Kings , & improving that litle interest you helpt him to , to a more Christian conjunction in love and loyaltie , and a double vigilancie over the Kings person exposed too often to your treacherous designes , is unlikelie to have any better character at your hands then what you commonlie give to persons of such sidelitie and honour . His advancement to the titles & estate of E. Arran & Chancellar of Scotland , was partlie in reward of his guardian care over him whom somwhat else beside sicknesse had made unfit for the management of either . Yet were not these taken by force But on free session , then desperate ; to whom if the King were nearest in bloud ( not to mention a third which your zealous professours commonlie finde him ) his Majestie had a double title to his lands , & a power undisputable to dispose of the Chancellars office at his pleasure . What beside Capt. Iames's unheard of oppressto is ( which dirt his zeale for religion contracts when it passeth through the uncleane chanell of any Presbyters mouth ) troubled the Nobilities Patience the reader may finde somewhat more trulie and impartiallie related not onelie in the Apocriphal histories of the two Rt. Reverend Arch-Bishops of Canterburie and Saint Andrewes ; but even in the Canonical tradition of Philadelphs Vindicatour , who praemiseth some repulse your Church Delegates had about their querulous petitions ; A difference that fell out between E. Lenox & Gowrie about some point of honour , to revenge which he calls Murre , Glame and diverse other disquiet discontented spirits into a confaederacie , whom you call a number of the prime best affected nobiiitie , which improper title he more ingenouslie declines in a peice of Rethorical ignorance , putting his hand more modestlie before his eyes , as loth to looke on their sinfull rebellious demeanour . Qualcscunque fuerint plerique eorum non multum laberabo … qualis quisque corum suerit nescio : applies the blinde mans speach ' in the 9. of Saint Iohn . to the authours of the miracle in this change ; And beside the mere boast & no violence you rejoyce in , confesseth diverse of the Kings servants were wounded among the rest William Stuart , the newes whereof brought Capt. Iames thither . Who was not chaced away by their strong breath , but clapt up into a castle by their power , the Kings guard being before remov'd from him , and His Majestie taken by Gowrie and his conspiratours into custodie ; The E. Lenox banished into France , where with in a short time he died , whether by griefe principallie , or his sicknesse , he defines not , He addes , That the Heads of this faction sent the Abbot of Paslet to your Assemblie at Edaenburgh for their approbation , who what soever they did afterward , at that time onelie thanked God for deliverance ( viz from the imminent instice of the law to which most of their Members were lyable ) durst not approve the businesse , or appeare to doe it at least ; put up a non'sense petition to God , praying him it were well done after it was done , and whether well or ill then unalterable by their prayers , or indeed by devine power , whose omnipotencie is not limited when denied to make good moral contradictions , to pleasure an hypoeritical Assemblie ; He speakes nothing of the Kings sending to his Councel or judicatories to declare the act of the Lords convenient and lawdable , for which he expected no reasonable mans credulitie nor patience , unlesse so farre as to spit it backe into his face : Nor yet of His Majestics entreating the Assemblie , but of their sending Delegates to him . The answer he gave them , if any , or such as the Vindicator hath helpt us to , is much different from yours , and though not extorted by the terrour of death , which may well be suspected by the successive treasonable attempts of the same Gowrie and his sonne afterward , gives litle approbation of the fact , being onelie his acknowledgement of a blessing from God for delivering his person and the Commonwealth from mischiefe , by which doubtlesse he meant the happie praeservation of his life . So that I againe appeale to your aquitable comparers , what historical truth we are likelie to have of your penning ; when seting one Disciplinarian brother against another , without consulting unprinted records , we can confute you line by line among your selves . The letter His Majestie sent to Q. Elizabeth was forced . Regem invitum compulerunt , sayth Camden , where by he allowed no more that act for good service , then he would have done a thiefe for taking but his purse , when he might likewise have had his life , But to proceed . Capt : I'ames shortlie after crept not in , but was calld , Revocatur Aranius sayth your brother . Therevenge ( whether obtaind by him or no ) was but the justice of the law , executed with litle severitie upon any , but moderated by the mercie of a gracious King , and tenderd to all upon submission . But traitourous Assemblies giving universal allowance for possible misfortunes , had ever an aftergaime of treacherie in reserve . Therefore the Ministers running at this time into a voluntarie exile was upon the apprehension of their guilt , & diffidence , even in the word of a King for their impunitie if not rather a designe to make His Majestie secure , and so to praepare for the treason at Striveling that followed few moneths after , where not onelie Capt : I ames was chac'd away , but the Kings life endangerd , for which Gowrie very justlie payd his owne . These their actions were ratified by no Parliament but a partie , nor stand they justified by any butsuch as were the actours . The action at Ruthuen being with the advice of the three Estates Assembled in Councel judge and published to be treason in December 1583. And not onelie M. Baylie declar'd a Traytour , but all they that disclaime not his booke which justifies that treasonable attempt , by Act of Parliament 1584. cap. 7. If the Bishop had traced your Assemblie rebellions by their annual succession , and not jumpt from the yeare 84. to 48 , he might have made it 58. before he got up to your Articles of Striveling . You have not hitherto kept such even pace with His Lp. as that you can with credit say your selfe wearie . If you speake in good earnest ( as I observe you in some journeys short winded ) I despaire of your companie in the 64. yeares travell still behind , for which I thought to call upon you hereafter . In the meane time , since I meet with you at Striveling , I will take you by the hand , till I bring you in sight ( suppos'd you are not peevishlie bent to walke blind fold ) of the praecipice you tend to in your entrance upon the justification of that article which referres the worke of Reformation abroad in England and Ireland to the determination of the Generall Assemblie of your Kirke . If you wet your foot by the way you may thanke your selfe , the Bishop opens no sluce , onelie turnes that streame of choler upon you , which you on the least occasion let goe like a torrent upon the Pope and his Conclave of Cardinals at Rome . The sraud used to allure you , if any , was pia sraus , a devout slight to bring you into the concent of the primitive Christians , and the violence offered by the English praelates was onelie with the sufferance of heaven , which they thought peradventure to take by the force and fervencie of their prayers , which they often put up for your conversion from schisme , and for your communion in religion with themselves . If a god'lie Kings conscientious command , with the mature advice and fre subordination of the Reverend Fathers of your Church , be no lesse then invading your Consistorie , the Bishops floud of choler ran somewhat too gentlie in as king you whether old Edenburgh were turned new Rome , whereas he might have , in reason , demanded whether your Presbyterships be not so absolute as to barracadoe your brasen gates , and not suffer him that hath the keyes of hell and death to come in . Whatsoever was the yoke and by whomsoever imposed , between that and your contented compliance ( without any violence or invasion no quaestion ) with the earnest desires of the well affected in England , you should in honestie have left some vacant roome for a more ingenuous impartial hand to insert the time of taking of this yoke from your hard neckes , with the several Acts of Pacification that followed it ; And that clause in the publike Act of Parliament wherein the well affected in Scotland profess'd His Majestie parted a contended King from a contended people ; And then have put it to your ae suitable comparers what travaile and paines it concern'd you to take in purging one the leaven of Episcopacie & in the English & Irish Churches , when you should have been purging the leaven of malice out of the Scuts . The managing of which great & good worke became such a Parliament to instruct , & such an Assemblie to undertake , who studie that destruction which , like hell is never full ; and so the eyes of such men are never satisfied…haue magis gloriam Captant si stantibus ruinam , non st jacentibus elevationem operenjur , quoniam & ipsum opus corum non de suo proprio adificio venit , sed de veritatis destructione . The Arminianisme and Poperie whereof Doctour Laud stands convicted , hath had several appeales to Scripture and Fathers , which is as much as you can shew us for your Creed ; his Tyrannie , to the lawes and highest authoritie in our Church , aequivalent with the most your discipline can praetend to A conviction of these I dare promise you will not stand long with out an answer . In the interim , while your Northwinde is set to drive away the first and the latter raine dropt downe fron those clouds of heaven , the Apostles , and Prophets , & successours to them both , to make good Solomons similitude , the Bishops angrie countenance is seasonablie , though ineffectu allie bent against your backbiting tongue . Your discoveries are your unskilfull mistakes of rockes for firme land ; your disappointment delayes of Gods worke , who will in his owne time accomplish it , And though too great a number in the Christian flocke follow such as you for their bellwether or leading ramme , they will flie as fast from you when they espie you in your proper shape to be a wolfe . Photinus was serv'd so who had a great deale more wit , learning , & eloquence to seduce them . Nam erat & ingenij viribus valens , & doctrinae opibus excellens , & eloquio praepotens , sayth Vincentius ; yet this doome befell him soon after ; quem antea quast arietem gregis sequebantur , cundem deinceps veluti lupum fugere coeperunt . What is answered by you before , is replied to and aggrovated . The two stories that follow have those authours whose truth is more currant with you then Spotswoods , though his hereafter will shew it selfe more valide then yours or any others whatsoever . The former is penn'd at large by Iohn Knox , enough in conscience to render him the authour of that sedition here mentioned . Hesayth not his zealous hearers understood of a Priest at Masse and immediatelie brake in , but consulted how to redresse that enormitie , and by agreement appointed those to waite on the Abbey who , you say , with violence brake in and sez'd upon his person and Masse clothes . That Madam Baylie , your Namesake , Mistris to the Qucenes Dountibures as he scoffinlie calls her posted out with deligence to the Comptroller the Lard of Pittarrow…cried for his assistance to save her life and the Queenes Palace ; That he tooke with him the Provost & Baylies ; That Armstrong and Cranston were summond to sinde suretie to underlie the law the. 24 Octob. for a fore thought felonie , praetended murder , and for invading the Queenes Majesties Palace of Halyrud house , and spoliation of the same . That he writ to the brethren in all quarters , requiring their assistance on the day of their trial . That his letter was intercepted and sent to the Queen , whereupon he was summond before the Queen and Councel ; That when he made his appearance . His clients the Brethren of the Towne followed in such number , 〈◊〉 the inner Close was full and all the staires even to the chamber doore wher they sate ; That he confessed his v●…cation of the Queenes leiges &c. That if in that he had been gniltie , he had oft offended since he came last in Scotland , demanding ( Sawcilie ) what vocation of Brethren had ever been to that day unto which his pen had not served , That he told the Queen , If her Majestie complained that this was done without her Majesties commandement , so had all that God had blessed within the Realme from the beginning of this action , meaning the Presbyterian Reformation ; That he was a watchman both over the Realme and over the Church of God gathered within the same ; by reason whereof he was bound in conscience to blow trumpet publikelie so oft as ever he saw any appearance of danger either of the one or of the other . This Act , thus related , the Bishop will have ( what you can not disprove ) to be a huge rebellion , not onelie in the Actours , but also in Iohn Knox , who was praesent , if not in person , by full consent and approbation . To breake open the Royal Palace to bring any delinquent to trial is according to no law but what your Rebellious Assemblie hath framed . That this Priest saying Masse within the Liberties of the Court did contrarie to law ( the Queen having ever reserved that priviledge to her familie ) remaines yet to be proved . You did the like to the Arch-Bishop of Saint Andrewes , which Camden tells you was permitted by law , and , though you had Murrays authoritie for it , accounts you no better then Rebells for your paines… Servidi Ecclesiae Ministri , Moravij authoritate suffulti , vim facerent impune sacerdoti , qui missam in aula ( quod lege permissi●…m erat ) ( doe you marke it ) celebrârat . Iohn Knox's confession ( which I gave you under his hand ) may be the harbinger to lodge credit enough to the next storie that followes in any man that knowes what superstitious observers your Assemblies have been of all the principles and praecedents he gave them ; Nor need you be so coy in taking upon you here the defense of their Convocating the people in armes , which you are forc'd to do other where ( as well as you mince it into god'lie directions and conscientious advertisement ) and upon lesse colourable occasions approve it every where when done . Though Mr. Spotswood's testimonie can not be refused in the particular evidence he gives in , yet I 'll be confined for once to your owne brother in Evill that confutes him . When his Grace relates the Ministers commanding the people to armes . Your brother playes the Critike upon the word , but grants the matter in controversie between them , and justifies it from the danger that was at hand from the Popish Lords whom he makes Conspiratours with Spaine . Hortate sunt ( nam jubere aut imperare non poterant ) quod ●…um in tanto periculo constitutae essent & respublica , & Ecclesia , illus , vitio vertendum non est . When his Grace sayth planilie , The King praefixed a day for their trial , the menacing libells put up in the name of a national Synod , the tumultuarie meeting of the faythfull deferr'd it , and made the onelie remedie a necessitie of his remitting their exile . Your brother denies not one clause of all this , but onelie moderates the termes , and enlargeth in some particular circumstances that aggravate the fact , viz. That they appointed a fast this I hope was done by the Assemblie ) That they moved the King to appoint a day for their trial , & the Barons those of Perth not to admit them , which advice or injunction they followed till they had received letters from the King , which because they obey'd the brethren tooke pet & armes for the defence of religion ( by whose advice let any man judge ) That the King commanded the Conspiratours to submit themselves in a small number to a judical proceeding . That upon the 12. of November they met at Edenburgh ; The Conspiratours pleade by their lawyers &c. Propound their conditions ; The King declares in a speach the inconveniences very likelie to followe if the Lords were not restored , That an Ast of oblivion was voted , which offended the brethren . What Seditious Sermons and actions ensued appeares undeniablie in your storie . Let this be compared with the Bp of Derries relation . That the King was forced to take armes , come upon a fatal necessitie by your rebelling when your importunitie praevaild not . How farre he pursued them . What acts of grace he afterward vouchsafd them you there fore conceale because it confutes what your imperfect historie imports . CHAPTER VIII . The divine right of Episcopacie better grounded then that praetended in behalfe of Presbyterie . HAd I any hopes to keep you in your wits when you were revived , I would here sprinkle a litle cold water & pitie upon your faynting spirits , who any man may see are giving up the ghost by your grasping and catching at what you finde within reach , and not liking the lookes of that spirit which appeares readie at hand to conduct you , would have , you care not whether , Anti-Christian Bishop or Papist to secure you . His Lp. having remonstrated at large your exorbitand power , here summarilie shewes how by the divine right you praetend to , this sore is incurable , your selves incorrigible , and how Princes must necessarilie despaire of recovering or keeping thairs , while Christs Kingdome is yours , and you have Christs Scepter in your hand . The streame of divine Rhethorike and reason he brings for it , you and your Companie , whom the prophet Isai. Describes to be a troubled sea that can not rest , whose waters cast up mire and dirt , hope invisiblie to swallow . To which if Mercurius Aulicus must be initled Let Britannicus be more properlie to yours , whom I have often heard to be a Common lawyer , but must now take him for some classical divine , since you have grac'd him so much as to serive most of his mater & language into your booke . How unhappie soever you make the Bishop in this chalenge , as in the rest , he caries fortune enough in his argument to confute you . — Misero cui plura supersunt . Quam tibi faelici : post tot quoque funera vin●…et . Those of his brethren who stand for the divine right of the Discipline of the Church , doe it chieflic in reference to that power of order and the distinction they finde of Bishop from inferiour Presbyters in the text . They that draw in the other power of jurisdiction , relate onelie to what they finde practic'd by the Apostles , or by God in them , going under the name of excommunication and the keyes How many circumstancials must passe for substancials , when determind by the judicatories of your Church , and be made adaequate in divine right to the general rules to which you reduce them need not here to be numberd , being scatered every where in this discourse , and very obvious to the Reader in your storie . But in answer to what the Bishop objects of geting both swords spiritual and temporal into your hands , the one ordinarilie by common right , the other extraordinarilie ; the one belonging directlie to the Church , the other indirectlic ; the one of the Kingdome of Christ , the other for his Kingdome in order to the propagation of religion and ( to let the Papist a lone whom , out of what mysterie I know not , you very often , me thinkes call to your assistance ) I pray name one of his Lp's learned brethren that ever writ for 't what concessions have pass'd from the elder Edward and Elizabeth Praelates of England , or what from the later Erastians , as you style them , in diminution of the jus divinun●… of Episcopacie desends not to the jus humanum in your sense , there being●… midle Apostolical right participant of both , enough to constitute an immutabilitie in their order , whatsoever change their jurisdiction may admit of at least such as they finde aequivalent to the communicating of women , baeptizing of infants , observation of Sunday ; which when you bring arguments to unfixe , you may with greater confidence treate against Bishops wherein those friends His Lo. hath about the King are so perfectlie instructed that they laugh at your sillie stra●…agems to pervert them being such as , if at any time they repraesent to His Majestie as you earnestlie desire , will thereby , no quaestion confirme his pious resolution in the continuance of that holie order especiallie since the maxime you build upon , That conscience is bottom'd onelie upon a divine right , they finde ruind by Saint Paul in his doctrine and practice , who convinceth the heathen upon the right or principles of nature , and argues from the testimonie of conscience they had sufficientlie bottom'd upon the worke of the law written in their hearts ; Nor had he ever converted any of the nations without divine revelation antecedent , I meane in them aswell as in himselfe ( which had made lesse effectual and pertinent the ministrie of the Gospell ) if no moral arguments had obliged their consent . How farre this is applicable to Episcopacie ( though were it not , it is to your argument against it ) I am not here to discusse onelie intimate I may that in proportion it is possible as much to a sacred , as civile , Monarchie ( I meane not coordinate ) & the later , had it not the law of God hath the language of nature importunate to commend it I will trifle with you no farther in this matter , but lay downe this conclusion which you may take up to what advantage you can . That in a thing ambiguous , such as you here seem to give , if not grant , Episcopacie to be , since no command of God nor warrant from scripture enjoynes or tolerates the change : since no Apostolical nor Christian Church for so many hundred yeares before that single citie of Geneva began it , since neither that nor any other besides ever acted or at least publikelie avowed what change you demand in the many particulars that have been , and shall be , inserted in this dispute , to the inevitable subversion of Regal government ; to the confusion of Christian subjection in the enjoyment of just libertie ; to the plaine praejudice of Parliament priviledge in three dominions ; to the seting up of much spiritual and carnal wickednesse ; some grave reverend Divine might modestlie speake a word in season and say , His Majesties conscience can not at the best but doubt , and doubting ought not by the law of God and rule of reason to resolve on it . Which indeed is the substance of his Royal Fathers printed profession . That he found it impossible for a Prince to praeserve the state inquiet , unlesse he had such influence upon Church men and they such a dependance on him as might best restraine the seditious exorbitances of Ministers tongues &c. And this is onelie to be had in that government , which was one bottome for his conscience… That since the first age sor 1500 , reares not one example can be produc'd of any sotled Church , wherein were many Ministers & Congregations which had not some Bishop above them , under whose jurisdiction and government they were . This was another bottome for his conscience . To which such a divine , as I spake of might adde ( with a due reserve of all humblie revence to , and most unshaken confidence in that Holie Martyr , and his most pious hopefull successour our gracious soveraigne now living . ) That he who for any politike end suggested , or necessitie most fond'le praetended of the subtilest presbyterian of you all , shall adventure to take himselfe off from this bottome , when Iudaisme or Turcisme ( some part of your mixture ) shall be alike plausible praetended as more advantageous to his purpose , may be fear'd to befound not well setled upon Christianitie it selfe , but fall from it & throw away one or both Testaments of Scripture , which upon the universal tradition of the Church ( as the other upon the Cathoike practice of the same ) he first rationallie received as the word of God , though afterward he found other motives prompting a beliefe of it to be such , which at last be had superinduc'd by ( what too many vainlie praetend to ) the instinct or plerophorie of the spirit , His Majestie likewise found most agreeable both to reason and religion that frame of government , because paternal not magisterial &c. Which was a third bottome for his conscience . Nor did he thinke it any point of wisdome or charitie , where Christians differ ; …there to widen the differences , and at once to give all the Christian world ( except a handfull of some Protestants ) so great a seandal in point of Church government &c. of which wisdome and charitie , the gifts of the spirit of God , he made another very good botome for his conscience ; Let Mr. Baylie reade the rest of that most excellent divine chapter , and answer it if he can . The maine ground of the Bishops discourse being wilfullie mistaken by the Reviewer , his structure is weake about the Warners conscience . And the Kings advantage . His cordial beli●…e of the divine right of Synod●… and Presbyteries , together with that of the Reformed Churches , which the Bishop shewes to be different , may come from a private spirit that misinformes them , & then is no good interpreter of Scripture , nor any sure praecedent for Christianitie throughout . Their strict and inseparable adhaerence to his errour ( beside that it antidates all treaties null , without an effectual complinance against conscience and honour ) excommunicates all the world but themselves , & excludes them from all hope of fellow ship with this new select societie of Saints , who , could they multiplie into a number large enough to fill the circle of their ambition , and had they every one a drop of Scotish rebellious bloud in their veines , would no longer labour the conversion of Kings , but take Gods angrie worke out of his hands to bring their Princes to nothing… and be the whirlewind themselves to take them away as stubble . He that lookes not through Mr. Baylies glasse of vanitie and lies , can never be able to view the Bishop clasped so close with the elder Praelates impairing the divine right , nor then , with the consequence he makes , about the legal , or expedient mobilitie of Bishops . Therefore as the ambition , greed , revenge ; so the dissimulation in conscience is his , who can not but know what texts himselfe useth to c●…te for the divine right of Presbyterie , and what the Bishop expresselie sayth , that the same may with much more reason be alleged for Episcopacie , and more consonable to the analogie of fayth . The agreement of sundrie Praelatical divines with Era●…us is here impertinent●… mention'd . What correspondence the Bishop holds , with them hath been too often all-readie acknowledg'd , and maintaind . Mr. Baylies urgent , illogical inference obligeth the Bishop neither in ingenuitie , nor reason to untie the bonds of the Kings conscience , which his own assures him God hath bound , if not by the hands of his sonne , by those of his Apostles and their successours through all Christian , ages and Churches . Nor can his Lp , from the principle you presse , demonstrate any securitie to His Majestie from offending God in the change . Nor yeild satisfaction to his doubts . If Erastus's Royal right ( which you so often have inveighd against ) may be us'd as a sophisme to delude the King into your presbyterie , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . I pray , by your favour , let it stand as it is , a better argument to confirme him , if he needs it , in Episcopacie . Yet that either here , or otherwhere this Royal right is induc'd by His Lordship to ratifie the order , I say not to actuate the Jurisdiction of Bishops , I can not finde upon my reviewing , and must therefore desire a point by your oculat fingar to direct me . Were not the Presbyterians more obstinate in resuming their errours , then the Bishop forward to recapitulate his proofes , his Lp. had spar'd a good part of this chapter , though the receiud rules of method requir'd it . Weake , and naughtie are hackney answers , which , if spurrd too often , and reason holds not up by the head , are likelie to lay Presbyterie in the dirt . Your Iudgement of his revenge is according to your practice , who , poore , impotent creatures , like wormes , or flies , by corruption , & filth support an uselesse corps to defile that hand , that crusheth you to the death . The praelatical integritie makes good the praesent disadvantage of their fortune , & their evidence in proofe , before any aequitable comparers , will praeserve still the principate in , dispute . Major est [ sinon fortunae ] ratio , quàm ut tali solatio egeat , minifestiorque vis quàm ut alieno malo opinionem sibi virium querat . Your Canterburian challenges were but Scottish Iigges made onelie for mirth to a rude multitude in confusion , the one very inconsiderable in musike , the other flat , if any thing , in the harmomie of truth . If the principles of Praelacie unavoydablie bring backe the Pope , the practice of Presbyterie unquaestionablie goes before him , & makes his Papacie hold it by the traine . The Patriarchate of the ●…est , and primacie of Rome flowes never out of the fountaine of Episcopacie , but when some ignorant Presbyter is turning the cocke , or tampering with the spring . Those English Praelates , that so freelie gave away the Patrimonie of Saint Peter &c. were some singular Executours of Constantinus Donation ; yet in that nothing so liberal to the Pope , as the Presbyters are covetous , and griping the common inheritance to themselves who , since his refusal that had the profer in possession , take the mocke spirit at his word , fall downe and worship , and then under the counterfeit of dominion in grace , intitle them selves not to Italie al●…ne , but to all the Kingdomes of the earth . What difference there is in number , or nature between the ceremonies they us d , & those in Rome will appeare best by comparing their ritual with our rubrike , & Canons . The ornament of sacred historical pictures , the name of altars , and the adoration of God in uniformitie before them , have the ancient Christians innocent praecedent to commend them , when commanded , or Countenanc'd by our superiours in the Church , and to vindicate them inus from the superstition , and idolatrie you impute so liberallie to Rome . When the Praelates , & Papists cope in the controversie there are several other ceremonies they sticke at . That these are the worst , as religiouslie put in practice by the Bishops friends , requires more then your old see saw to confirme it . Adoration of , or to the altaris that , which I never heard professd by their mouth , nor read yet dropt from their pen. For me , let them that owne it recant it , and if none such befound . Let the mouth of him that speaketh lies be stopped , and the sroward tongue be cut out . The real praecence of Christ in the Eucharist on the altar , as I take it , was never denied by our Church , a corporal never asserted by her , nor any of the Bishops friends , that I have heard of ( though the 21. objection against our Liturgie in your historie of the Synod os Glasgow implies it . ) The justification they held was fetchd farre beyond Tren●… , and if they that went for it were not able to distinguish between Saint Pauls workes and Saint Iames's , they were very unfit to trade forthat pearle , bad merchants for the Kingdome of heaven . Their free will was held no paragon of nature , but a priviledge by grace , which deliver'd them from the fatalitie of the curse , restoring them in some measure to a libertie of choyce ; And , unlesse you will fetch backe Tatians errour , make one God for the law , another for the Gospel , so long as the ten Commandements oblige us , we have aswell as the Israelites of old , heaven , and earth for our record , that life and death are to this day set before us , and , by the merits of Christ , the grace of having them in the free election of our will. Their final apostacie was seldome , or never intitled to Saints , or , if so , with caution enough ro praevent calumnie . They asscribed ever an infallible praescence to God , an immutabilitie in his knowledge ; But to make him so peremtorilie , antecedentlie , spontaneouslie , irrespectivelie praedestinate a certaine number of men , call'd Saints before their resurrection from sinne ; so irresistiblie operate by his power , as to praevent all possibilitie of backsliding , offending , or , being fallen , forceablie raise them , reenstate them in native innocencie , and his favour ; they found consonant to none , dissonant from diverse positive texts , in , or inferences from Scripture . such as these . Let him that standeth take heed lest he fall , which excepts no more the last houre or moment of life , then the first in the exercise of reason… Worke out your Salvation with feare , and trembling . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 importing an earnest endeavour unto the last against final apostacio , not impossible ; And the reason in the next verse implying an hazard of the energie of grace , which onelie supports a Saint from his fall . I demand yea , or no , a direct answer to this . Whether if a Phineas had come and taken David 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in the act with Bathsheba , the point of his speare had been assuredlie blunted , or his hand held by an Angel from heaven . Whether , if so , this extraordmarie miracle had not been wrought in order to the accomplishment of somewhat praefix't to the oeconomie of Gods Royaltie upon earth in his person ? Whether the like case or capacitie can in such be reasonablie suppos'd incident to all that you call Saints , and what securitie they have from all casualties , all attempts in the very moment of sinne to destroy them ? The general promises can be no protection in such cases , & some it may be , are not so general as to be made applicable to all , which , well scann'd , incline to the peculiar concernment of them , to whom they were made , and of whom onelie they seeme to be ●…ean'd . But in points of this nature whatsoever the Warners friends have avowed , your exception against them is the same with that against the expresse words of the Church , in the Assemblie at Glasgow 1638 draw'n from what she professd . That insants baptiz'd have all things necessarie to salvation . This you may take as the summe of that which the Bishop knew to have been with much moderation , & reason often answerd to your sore challenge . Your slight replies thereunto being indeed but squibs , and crackers for children to sport with , had not the armes of sinfull men , & the Kings artillerie been rebelliouslie us'd , as a more unanswerable argument to force them . The following position His Lp. nowhere will dispute , nor doth laugh a●… . That Christ , as King of his Church , hath appointed lawes for , & governers of the same . Who , and what these are , in the general Saint Paul hath left in his letters to the first Christians , which they , and their successours have kept for us that come after . He takes you for usurpers , & tyrants , who crosse to these lawes , for pride , & filthie lucre , make your selves not onelie Lords over Gods heritage , but commanders of subjection from Kings 2. b. Disc , ch 1. Pro Rege Regum , & Domino Dominantium presbyteria nobis , & Synodos supponentes . The consequence hereupon , That Acts of Synods must be Christs lawes , where Synods make themselves Dictatours of his pleasure , and repraesentatives of his person , is no other follie , then what the Logical rules of Relatives praescribe us , which , if your Sophistrie decline , I must referre the Reader to the like expressions so frequentlie us'd in your publike papers , in the several contests that Knox had with your Queenes & their Councels in defense of your discipline ; And ; to come somewhat nearer in your very praeface before the booke it selfe , where your Reformed Kirke is call'd the spouse of Icsus Christ , the rules of her discipline in the language of Scripture The Lords lawes and commandements…the heavenlie proportion of divine discipline ; And at last compared to the booke of Gods covenant , that lay hid in the Temple . Under the name of which Discipline , we are admonished , is to be understood . Beside the two bookes , the Acts , Constitutions , and practices agreed upon , and recorded in the Registers of the General , and provincial Assemblics &c. And a brother plainlie asserts , That your Discipline in the general ( which we denie to have any other authoritie then your votes ) is as immutable , as the Scripture . I finde you now here such a Master of Rhethorike , and language as to take your judgement in comparing of styles . If the Bishop hath borrowed the Iesuites invectives , or any from the Pagan philosophers , he could not beter bestow them then on you , that are neither good Protestants , nor Christians . His declamations against your noveltie will be regarded by such as take universalitie , and perpetuitie for two discretive markes of Christs Kingdome , & government , which must not be limited to a rebellious schismatical Centurie in one Countrey . The antiquitie , you boast of , is founded upon as great a mistake of the Gospell , as was the sadduces of the law , you both erre not knowing the Scriptures . Yet , that being your plea , I will urge the Bishops argument no farther concerning the change , and difformitie of your discipline ( which may be prov'd in particulars not twice romov'd from your essentials themselves ) but appeale with you to Caesar , who calling to his Councel the Primitive Fathers the most publike spirits , most unbyassed Interpreters , may , by the tributarie assistance , if his Majestie please , of as many B●…hops , or Doctou●…s , as sectarian Presbyters , after a faire schelastike discussion , discerne the truth , decide the controversie , and , according as he findes Christs scepter was swayed among Catholike Christians , by deputation of one part , or other , abolish the Rebell Vsurper at his pleasure . But Annuneiare [ or imperare ] aliqued Christianis , Chatholicis praeter id quod acceperunt , nunquam licuit , nusquam licet , nunquam licebit . To declare , or command a beliefe of divine right , in that which hath not been received in Gods Church , never was , no where is nor , will it at any time be law full . Your dearth of matter renders you taedious in the rest of the paragraph , and the course faire wherewith you entertaine your reader , flesh , bloud , and limbes of an English Bishop , makes you suspected here to have been at a stand , to have layd your spiritual scribling aside , till you went to market , and fetcht these carnal expressions from the ●…ambles . My Lord of Derrie , and his friends , in citing authoritie , and pressing reason for their order have dealt so farilie , & wrought so effectuallie , as for all the stripping your sleeves and the other hocas pocas trickes that he tells you of , you will finde no cleanlie conveyance of your Presbyterie into the heads of any your judicious comparers , nor will their eares be chain'd by your brazen hypocrisie to maintaine it . Your too curious anatomie of English Episcopacie , touching which you interrogate , will onelie countenance them in a demand , not otherwise intended of a Scripture warrant for Scottish Presbyterie , as such , disciplining , excommunicating , deposing , I shall doe no wrong if I adde what I prove , justifying & praysing God for the death , if not the murder of Kings , renouncing the name , but acting every one a double part of a lord in Parliament ; not onelie voycing in , but imperiouslie overruling all Acts of State , all elections of principal officers , in order to conscience , for praevention of scandal , & keeping a lower Commission Court in every Towne , & parish ; forcing every Bayliffe , and provest to be your creature ; A Presbyterie bold'lie ordaining without a Bishop , and gulling the people into a foolish conceit of Gods call in them , when 't is their lying spirit that hath praeposless'd them , For let the people call , or praesent whom they will , if the learned ( the priviledge of which title every covie of Dunces challenge to themselves ) judge the person unable of the regiment , he is set aside , and they forced to take ( without violent intrusion they tell them ) whom the superintended Councel offereth to instruct them : A Presbyterie exercing all jurisdiction without any appeale from themselves ; A Presbyterie feeding their flockes like swine with graine , and hu●…kes , such divinitie , as every brewer , or hogheard can helpe them to , never leading them through the g●…een pastures of the ancient , learned , and devout Fathers , nor to any other waters of comfort , but such as the very fountaine whereof the foot of schisme , or rebellion hath troubled . This is Scottish Presbyterie in practice and such they would have it in law too , if they could with all their Scripture collusions but once corrupt . His Majesties judgement , or by their sharpe-pointed swords , & two edged tongues affright him from a well grounded resolution , into what his Royal Father esteem'd it , a faint servile , ungodlie , and unkinglie consent . The treasure you call , for hath hitherto had God for its defense , who hath made know'n , and distributed those talents in Scripture , which maintain'd the litle familie of the Church , and discharg'd the itinerant Gospell of that time . The greater mine hath been often discovered by them whose divina virgula hath stouped , and put them upon the search of the veine that caried the Episcopal government through the 800. yeares of your account . Your soon-shot bolts in many frivolous quaestions have been better feather'd with many wise mens answers , and for all the horned impudence you hold out , returned very often upon your heads , one of whom I shall send you to , who ( not to derogate from the happie endeavours of many others aswell of the learned Laitie , as Reverend Clergie ) hath alone anticipated , and fullie with much acutenesse , and judgement answered allmost every particular you object . Shewing that Christ himselfe hath made the office of Apostle or Bishop distinct from Presbyters ; Given them power to do some offices perpetuallie necessarie , which to others he gave not : Asof Ordination , and confirmation ; And superioritie of jurisdiction ; Bishops , by vertue of their office , more then called , observed as Lords , in a more sublime sense , then you mention ; And commended to the service of Kings ; Saint Chrysostom , & others imployed in Embassies ; Saint Ambrose a Praefect , and Dorotheus a Chamberlaine to the Emperour ; Many of them Councellers to Princes , and Iudges aswell in ordinarie secular affaires , as Chanellors in extraordinarie by appeale ; Treasurers at least of the Church revenue , and undergoing what ever civile charge the conscientious favour of Princes put upon them , which was not in gradu impedimenti ●…lericalis ; Bishops with sole power of ordination , and jurisdiction , otherwise then as they thought good to call into their subordinate assistance , or deputed Presbyters in their Dioceses . Of officials , and Commissaries I thinke he makes litle mention , because he bends his discourse against all interest of Lay elders ; yet I doe not thinke he would denie that Civilians , such as are our Officials , and Commissaries , might be instrumental to the Bishops , especiallie having some learned Presbyter authorized in cases , to which the others lay propertie extends not ; Bishops , when necessitie may require , using solitarie ordination , which is good in nature rci , as may be taken for granted by that Canon of the Apostles , which as it enjoines no more then one Bishop , so makes no mention of any Presbyter , which it had quaestionlesse done , if of absolute necessitie to the businesse ; Bishops ordaining not with the fashional , but canonical assistance of any two Presbyters that they please , by choyce of their , owne chaplaines or others , where are many , or taking any two that chance otherwise to be neare ; Bishops principal pastours of their whole Dioceses , & when commanded , or countenanc'd by the King to waite at Court , not obliged to feed their flockes in their persons , which they doe by many learned , and religious proxies , themselves in the meane time feeding by word , or sacrament , or ghostlie counsel , the great shepheard , whose Royal soul is worth 10000. of the peoples . All this in effect , & a great deale more then your Parkers , or Didoclaves could have answered , hath this one learned Doctour defended , as know'n long before the Pope gave over to say his creed , which he did surelie , when he became the Anti-Christ you call him . I could goe up yet once againe , & helpe you to a third turne from the top of your demands , Shew you that the Warner , and his friends give the King the same assurance , that erthey did , that what they stand upon as unalterable in their order hath Scripture , and Antiquitie for its warrant ▪ That upon the conversion of England to Christianitie , the Ecclesiastike government there constituted , was not Anti-Christian ; That a Bishop there is not a Lord in Parliament by vertue of his office ( as it may be to resolve spiritual doubts he ought to be ) but by the Baronie & call which the favour of Kings hath annex'd unto it ; That in Scotland , when it was decreed that Bishops should have no voyces in Parliament , these your selfe-denying men desired of the King that such Commissioners as they should send to the Parliament and councel , might from thence forth be authorized in the Bishops places for the Estate ; That not many protestant English Bishops have been High Treasurers , not many Chancellars , some that have you have litle reason to finde faultwith ; That they are not bound in law to devolve all jurisdiction That all which in practice did it , are not to be condemned , where they found able & honest men to exercise it in their names ; That those , which erre must not praejudice the care and deligence in government of the rest ; That solitarie ordinations were very rare , & therefore not to be objected as so common ; Nor did halfe the Bishops live at Court , nor most that did halfe their time . All these particulars could I enlarge on , but that I beleeve the Reader satisfied with the execution done before , and hath some what else to doe , then to stay to see you stript . In what followes you take a great deaie more , then is given you , naming that a donation from the Court divines conscience , for which the Citie Divines , chieflie of Edenburgh , & London , forced the temple of God by such sacriledge to furnish the two tabernacles of robbers , that then prospered too well in England , and Scotland . That Royal Saint that , upon , this most impious violence , yeilded , up so great a portion of his Ecclesiastike inheritance , the Bishops avile imployment , Arch-Bishops , Arch-deacons , with the &c ( which might have been better spar'd ) did it in angusto comprchensus , not upon any compunction of conscience . Sed difficulter , sed subductis supercilijs…& vix exeuntibus verbis , And had not his paternal affection prompted him , to what your unnatural disobedience litle deserved , he had given you not onelie panem lapidosum , as Fabius was wont to call a gift very hardlie bestowed upon an hungrie beggar , but pro pane lapidem , without our saviours censure , a stone instead of that bread , which was never ordained to stuffe the insataite stomach of every gaping Rebell that call'd for 't . Yet , whatsoever you had , was , you know , but for a triennal experiment , which being exspired , in the yeare of libertie , that was to succeed , according to Gods paterne in Ezekiel , if you could then praetend no better title then you had done , it was to returne to your Prince , and the inheritance of such an inseparable right to be his sonnes , who of your adversaries gave this unseasonable advice I know not , nor who have acknowledg'd , and recanted for errours those divine truths ordained for peace , but encountred with troubles , and their abettours expos'd to susteime the envie , and obloquie of the world . Therefore alasse its in vaine for you to invite them to come nearer , to hang out like a dead cat in her skin , unlesse you meane to have every one of them moral the rest of the fable with an 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . But to leave off speaking in parables , I desire the reader in plaine English to marke the base ingratitude of an unworthie Presbyter . In that , when a most ingenuous peace-desiring Prince ( for him he meanes when he speakes of his Praelatical adversaries ) invaded by audacious importunitie , encompassed with all external visible necessitie , placing himselfe upon the very pinacle of Christi-an charitie , shall yeild all that the softest , gentlest Casuist can indulge ( and that upon such conditions as , how easie soever , the perfidious contractours litle thinke to make good ) he must be argued with upon the ominous advantage of hi●… owne gratuitie , & praetended from his adventurous kindnesse to be demonstrativelie convinc'd to give up the rest of that which rebellious license , schismatical singularitie , and degenerate malice have now so devested into a new creature , as neither law , custome , nor honour can call that English Bishop which religion instituded and reformation confirmed . But a crou'd of guiltie conjured malefactours presseth shame and the proverbe to nothing , so that ingratum si dixeris nihil dixeris . Seneca knew it who had studied the point and experienc'd the practice . Pudorum tollit multitudo peccantium , & desinet esse probri loco commune maledictum . But to send you backe some of your owne logike and language ; If this naked bird which you so pleasantlie play with , be a new creature because the feathers are pluckt , then you must confesse that old creature revested with those Euaugelical beauties and Royal graces which once it possessed , to be that know'n true English Bishop that in honour , law , custome , if not in conscience ( which I need not suppose ) is to be inviolablie maintain'd , when it shall be made to appeare , as it may very easilie , and hath been very frequentlie , that such an order not much differentlie fashion'd and habited , ever was and ever is to be in the Christian Church , To make good the mutual toleration indented for between your sectarian brethren and your alltogetheras sectarian selves , you closelie decline the warners confidence which avowes those texts of Scripture you wrest against Bishops , with as much colour of reason and more truth the Independents may urge against Presbyters , being resolv'd , since you finde they can make you their province at pleasure ( if not command a transmigration of your Euangel ) to argue no more against them then to fight . The triumph you make in two painted Syllogismes is very improperlie plac'd before the victorie , where though you ride like a George on horsebacke in a pageant , you will passe for no beter then a dumbe shew , and with your wooden launce be mistaken by none , but children and fooles , for that primitive armed Saint that kill'd the dragon . If you cast not your texts in a couple of better molds , your workemanship will beare as litle the image of Gods word , as your selves doe of the reasonable men that he created . Were His Lp. at better leisure his great promises would reengage him in more necessarie imployments then answering every silie Presbyter in his follie ; but his Acolythus & servant ( if not because he hath taken up so much of the similitude allreadie ) will for once , and it may be oftner , follow Solomons advice in the next verse , seeing you so very wise in your owne conceit . The first text you are medling with is Ephes : 4. 11. whence your imaginarie argument , not to be denied adoration , is this . Maj : All the officers that Christ has appointed in his Church , for the ministrie of the word , are either Apostles , Euangelists , Prophets , Pastours or Doctours ; Mi : But Bishops are none of these five , Ergo. You pleade custome for the free unquaestionable passage of your major , which you must give me leave to obstruct , first excepting against the improprietie of your termes ( being such as may evacuate your argument ) the Ministrie of the word , when the Bishops discourse is about the regiment of the persons to whom the word allreadie is ministred , Secondlie , demanding to have it under Saint Pauls hand , whether the offices he mentions of Apostolate , prophecie &c were by Christs institution for the personal perfecting of Saints in a Church established , and not as the word seemes rather to signifie . Pros ton Catartismon toon hagioon for jointing or knitting new Saints to the Church , new membres to the bodie of Christ in the propagation of his gospel , so aedisying the bodie of Christ by the worke of the Ministrie , which in the next verse seemes to end in the unitie of fayth , that is the general conversion of nations to Christianitie . Thirdlie , whether this enumeration of the Apostle's be universal , to which 〈◊〉 finde more particulars added 1. Co. 12. 28. & among them dynameis & Kyberneseis . Powers & governments , the former of which ( that you may not cavill about superinfused gifts ) he makes as much personal , or persons , as that of Apostle , prophet , Teacher , vers : 29. Besides that he expresselie calleth the Elders of the Church of Ephesus Bishops , & tells them they were instituted by the holie spirit , which we know came downe to fulfill the promise by the mission of the sonne , & so they must passe upon account as officers appointed by Christ. Three fifths of your Minor thus you prove . Bishops are not Apostles , Euangelists , nor prophets , because they are confessed extraordinarie & temporarie , Bishops ordinarie & perpetual . To which I answer . First , That Bishops are Apostles in their ordinarie power of ordination & jurisdiction , though not in their extraordinarie of working miracles , speaking with diverse tongues &c. And this Tertullian hath sayd above 1300. yeares since , who , arguing with the haeretikes about succession , bids them turne over their records , & shew that their first Bishop was an Apostle , or Apostolical , because personallie ordained by one of them . This the Apostolical Churches could doe , as that of Smyrna shewes Polycarp , because placed there by Saint Iohn . That of Rome Clement , because ordained by St. Peter . And such Bishops as these he calls Apostolici seminis traduces . If they be Apostolical grafts , good Mr. Baylie , from what tree thinke you were they taken , and of what may they , without arrogancie , beare the name ? Other of the Ancients call'd Timothie Bishop of Ephesus an Apostle , among whom what enterfeering there was of these two termes you may reade in Theodoret upon 1. Tim. Jn the like sense may they be sayd to be Euangclists , ( aswell as in the Revelation they are called Angele ) who praeside over the preaching of the Gospell , and publication of it to them that have not heard , Euangelion & Kerygma being the same . And they either are , or should be , Prophets , in one kinde according to Saint Ambrose , Scripturas , revelantes , the ablest interpreters of Scripture , or speakers of mysteries in the spirit to aedification , exhortation and comfort , though not foretellers of things to come . Nam quicquid latet , sive id futurum est , sive praesens mysterium di●…itur . The reason why your adversaries pitch upon the fourth is , to decline your trivial objections against the other three . Your syllogisme that labours to prove Bishops no Pastours hath no doubt but a certaintie of falshood in the major which your argumentum a paribus comes some what improperlie to make good , you having spoke of a confess'd imparitie but just before . But for once a bargaine no bargaine pactum non pactum sit , non pactum pactum quod vobis lubet . It would be a rare invention , surpassing Aristoles Logike , if , without a reserve , you could get a conclusion to creep out of a single proposition , for take it on my word your lucke is bad in majours , which whether you play at even or odde are all pariter falsae sicke of a disease , and this here left desperate without any remedie to recover it . No Apostle , you say , is superiour to an Apostle . This is contrarie to what one Walo Messalinus ( whom under another name you mistake to be your friend ) hath frequentlie asserted . That they were primi & secundi , majores & minores , The second and lesse subordinate in spiritual power to the first and greater . This he gathers out of Theodoret and others . The greater he explaines to be the twelve , the lesse , those deputed by them for teaching and governing . Nay , he discovers a third order inferiour to them both , of which was Epaphroditus , subordinate to Saint Paul , who himselfe was but minor Apostolus , being none of the twelve . So that here being three degrees , I tell you from him what I might from others , or with them rather collect from the text , That an Apostle is superiour to an Apostle . As much might besayd for Euangelists , whereof foure were principal , or , if not , it is because they were by their office of the lower classe , or Coadiutours to the Apostles . Such were Titus , Timothie , Apollos &c. Saint Hierom sayth all Apostles were Euangelists , but not all Euangelists Apostles . And so likewise that all pastours were Doctours , but not vice verse . The learned Grotius , That Doctours , were Bishops or Arch-Bishops rather , the same with those call'd Metropolitans afterward . Pateres Kai didascaloi are Epiphanius titles for them . To prove majour & minor prophets under the new Testament is needlesse till you answer what I have brought about Apostles , or strengthned the majour in your argument which I absolutelie denie . And besides remit you to a learned Doctour who proves the word Pastor to be the Bishops peculiar among the Ancients , and frustrates that imparitie from which you argue . Your second reason out of Saint Matthew and Saint Paul hath a litle Philosophical Soul and forme in the majour , but no divine one in in the minour , and so , according to your similitude in the moment of removal or separation must perish . The first text 1. Tim. 4. 14. puts no power more then approbant or assistent of ordination in the Eldership , & a Bishop is as much a Presbyterie and no more a Presbyter ( I meane in your sense of diminution ) then Saint Paul , who seemes to make that act of ordination solitarie and personallie his owne 2. Tim. 1. 6. And the Greeke Scholiasts say the Elders here were Bishops , excluding interminis all presbyters from that power o●… gar hoi Presbyteroi echeirotonoun ton Episcopon say both Theophylact and Oecomenius . For the word which you will needes have to be classical not personal , perchance somewill say it may denote the order , or office , the Episcopate they meane , and be put figurativelie here for the single person , of the Apostle , comparing these words , together meta Epitheseoos toon cheiroon tou Presbyterion , & dia tes epithescoos toon chciroon mou . But let it be what it will , the power of ordination must continue in the Bishop , so long as Christians keep to the New Testament and Fathers , and fetch us not a fift Gospel , or some newer Apostle from Geneva . That the second Saint Matth. 18. puts the power of jurisdiction in the Church is gratis dictum , & your authoritie not so great as that your autos ephen . will be able to carie it . First therefore you are required to prove , that excommunication , the act of jurisdiction you meane , is here at all intended ; and not rather no more then the three degrees of fraternal correption , the highest whereof is that elegsis enoopion pantoon , a rebuke before all . 1. Tim. 5. 20. Vt qui non potuit pudore Salvari , Salvetur opprobrijs sayth Saint Hierom , he sayth not damnetur or eijciatur censuris . That he which could not be saved by private shame might by more publike reproach . Secondlie , That the Church here was a judicial Assemblie call'd to that purpose , or if met to other , that a formal processe was brought before it ; And that they were not rather some greater number then the two or three witnesses , upon what occasion soever met together , which may very well be call'd Ecclesiae with out the signal meaning of the word . Coram multis Lib. Musar . keta Koinon Justin : & tunc multis dicendum est in Saint Hierom. Nor is it likelie a deliberate judgement in Court ( into which a Christian Congregation , converted ) should be after processe in hazard to be slighted or neglected by one Member delinquent ean paracouse . Nor that to be such which relates rather to the person of the plaintiffe then Iudges estoo soi . Let him be unto thee… Thirdlie , If it be such a Congregation or Church as you would have it , whether the complaint were to be repraesented to them in general , and not rather in their hearing to their superintendents or praesident above them . Epi toon tes Ecclesias proedroon demosiseoson to ptaisma sayth Theophylact. Fourthlie , That sit sicut Ethnicus & publicanus , Let him be unto thee as an heathenman and a publicane is undoubtedlie a sentence commanded to be pronounced by those superintendents or that Church ; or an injunction , rather then permission , to the partie injur'd to have no farther familiaritie or friendship , to have no more to doe with him then with heathen and publicanes , a voluntarie declination of whose companie was no scandal to the charitie Christians professed , & any civile office out of common humanitie left arbitrarie , and not censur'd if tend'red . Fiftlie , whether binding and loosing vers . 18. Be asserted with reference to this Church , and not rather to the Apostles , as your friend Erastus will have it , or more probablie to any partie against whom the trespasse was committed . Potestatem tribuit Apostolis sayth Saint Hierom. Vu garmonon hosa lyousin boi hiereis eisi Celymena , all' hosa kai hemets hoi adiketentes and Theophylact. And si Fratrem habes pro Ethnico & publicano ligasti illum in terra : si correxeris fratrem , solvisti eum in terra Sainr Austin , which seemes to be the proper meaning of the place . After all which I expect you should make some apologie for your brethren abroad that in the yeare 1563. Sept. 6. excommunicated Iohn Morell the Frenchman for writing this doctrine , burn'd his booke , and interdicted under a great poenaltie the reading any copie of it that might escape them . The third 1. Cor 5. appeares not evidentlie to put the power of jurisdiction in a companie of men met together , Theophylact taking it for a modest condescension in Saint Paul to joine the Corinthians with himselfe , whose solitarie power was absolute . Hiname doxe autades , Kai autous proslambanei Koinoonous And the context importing the sentence , such as it was , to be but declarative in them them by the vertual praesence of the Apostles spirit ; and judicial in Saint Paul , who had passed it before ede Kekrika sayth he vers . 3. Though it will trouble you to prove that here was any jurisdiction exerciz'd , delivering to Satan being probablie but a desertion of the partie peccant , using no intercession in his behalfe , but leaving him naked for Satan to assault him with corporal torments , which prodigious punishment was usual in those times . Excommunication it can not be , because it limits his censure to the destruction of the flesh , deprives him not of the Sacraments , the want whereof is destructive to the spirit . The twelfth verse addes no strength to your argument , the sense seeming to be onelie this . I have nothing to doc to judge them that are without , but leave them to God : I have to doc to judge them that are within worthie of deliverance up to Satan . And ye judge them that is deliver them up when ye are gathered together , & my spirit . As he , had sayd vers . 4. So it is Saint Pauls spirit that is principal in this jurisdiction , and the companie of men met together but his delegates or assistants , convocated at his pleasure . To Your assumption I likewise answer . That the Bishop is as much the Church as Saint Paul in this case , and hath as much of the ordinarie power transmitted to him . So that you see it requires not the Doctours learning , but the search of his Acolythus and servant to satisfie you , if you will be , with antiquitie & reason . Which being done you may send more scirptural arguments against Episcopacie by your brethren of the next Commission . Touching those you have brought allreadie , you need not be so confident in calling for their answer unlesse they were somewhat better . The visible leisure is , in none but such as you & your courteous Disciples in England have procured to be imprison'd in severall goales of both Kingdomes ; others having businesse enough by shifting from one place to another to secure their persons and save their lives , from your crueltie . The poor prisoners have few visible helpes to that purpose . If you will finde courage or conscience enough to undertake their free accesse to the Fathers and other authours that are visiblie necessarie to that purpose . I have enough left still to assure you in the name of them that have more learning then they boast of , that whatsoever becomes of your punie Clerkes Master Parker and Didoclave , ( who may be easilie turn'd of with some carefull quotations and references to a multitude of bookes allreadie printed ) Master Blondels magazine of antiquitie shall be seiz'd on , and what in it is upsie Scotch ( which is not all ) for the presbyterie you bragge of , shall in spight of your power be rescued for the true owners , that is , the Bishops . For your meracle of learning , the most noble Somais , we wish he may worke more such wonders as he hath of late , and send his petie advocate a new blew bonnet at parting trimmed with a distick , begining if he pleaseth Ille ego qui quondam — for his fee. Were publike masters of fact as mysterious as the intrigues in your spiritual Iunto ; and Consistorian Caballs , some Endor oracle must perchance have been consulted and one of your blacke guardant Angels been superstitiouslie worship'd , or ceremoniouslie waited upon for revelation . But when the bookes of the dead are before their day opened by your hands , and their workes of darknesse registred by your pennes , the warner may every where , without an ironie , proclaime his knowledge in your storie as great as his strictest search , and as certaine as your rash consession could create . King Iames's 55. quaestions so troubled the Scotish divines , that they finding their plea of divine right and immutabilitie of their discipline to be disputed , the Perth Assemblie indicted principallie for that purpose : to divert the King , if not otherwise to praevent his multiplying such problemes ( to which David Blackes processe & the businesse about the banish'd Lords may be annexed ) they rais'd a desperate sedition on the 17. of December , which allreadie is discours'd on . Their ( if you meane the Synods ) answer was not so round but that they first protested & parlied about their priviledge at the conference with His Majestie and the Estates ; required time to returne , reason , vote & resolve in all points . If thereafter the propounders were speachlesse in the businesse , it might be because the Synod caried it for the King , and determined the problemes in his sense , which ( for ought I know ) is that the Bishop meanes by yeilding the bucklers without any opposition . The maner and time might very well perplexe them being in a free Synod , and meeting with their bold contestation for David Blacke . Nor were they troubled onelie at the Erastian & Praelatical Counsellers about the King , but at Patrike Galloway and Iames Nicolson , of late Saints but now it should seem become Apostate presbyters in the Synod . The quaestions put by the King were not captious and carping at the parts of Church discipline , but a just controversie raised about the whole , fairlie propounded , freelie discussed , deliberatelie resolved , to the satisfying his conscience , and silencing schismatical scruples for the future . I have often told you no statutes of Parliament nor Acts of any but factious Assemblies authorisd your Discipline , though were it ratified ( as you would have had it ) by any other , set your jusdininum aside , and fetch not your praecedent from the Medes and Per●…ans , a power aequivalent to that which did it might reverse it . The visible Church in your countrey at that time was not so farre from yeildino to Episcopacie , but that your brother confesseth the cranie was then made by which it afterward crept in , though I am at a losse for so much day light in your storie , as to see the yeare when legallie it was thrust out . Perhanerimam ( sayth he ) ad essentialia ipsa externi regiminis impetendum , & extruendum Episcopatum aditum sibi patefecerunt . You can not denie but that it brought them thus farre on their way , to the title of Praelates and voting in Parliaments . Wicked states men at that time beares the same signifiancie with Court Divsnes and evil Counsellers at this , and so doth the most able and faythfull Ministers with the Men of God that are Covenanters in this age , of whom every mans experience can frame a character enough to scare away his credit to the reputation you would give them . There need no question be preposed when the Bishops were by full authoritier einstated in part of their unquaestionable right ; To a great deale more in the yeare 1606. When by Act of Parliament their government was styled the ancient and fundamental policie… Declared that they being the Third Estate had been indirectlie abolished… That it never had been mean'd by His Majestie and His Estates that they should any wayes be suppressed : That they had been onelie brought into contempt and povertie… That His Majestie with expresse advice and consent of the sayd whole Estates in Parliament doe repone , restore and redintegrate the sayd Estate of Bishops ( it sayth not to their order ) to their ancient and accustomed honour , dignitees , praerogatives , priviledges &c. This was completed in the yeare 1610. when a kinde of Episcopacie was set up as neare the primitive paterne as the growing reformation would beare in the Assemblie of Glasgow excepting the two Members I told you of , no otherwise corrupt then as it may be flie-blow'n by your breath , and tainted by your naming ; under which not the Church but the Kirke of Scotland did heavilic groane , as it allwayes doth when it hath not libertie to vent sedition in the pulpit , and act rebeilion in the field which the best and most learned of your preachers , the Aberdene Assemblers , practiced in part , and wish'd well to the rest Anno 1606 till the yeare 1637. when if they had met with an English Pharach for rigour as they did with a Moses the meeker man of the two , he would have appointed ●…e masters that should have toke away the straw , and spoyl'd their designe of fiering the house : set them making of brickes and building him treasure ●…ties , while they were pulling downe temples & r●…uning Palaces ; he had kept them from soaking of the yoke of Ecclesiastike and Civilegovernment , & brought divine justice to their doores while they brought him to beare the burden of a most inhumane , most unjust judgement at his owne ; praesaerv'd his Children & subjects from sighing and hanging their harpes upon willowes in a strange land , while they sate , under our vines , and keept us out of the shadow of our owne figge trees ; cut up the root , while he lopped the branches , strake off the head while he clipped the eare ; cast out of Britaine , what with regreet of conscience he tolerated in Scotland , himselfe then & his Church had continued like a treeplanted by the water side and had brought forth more fruit in due season His leafe had not wither'd , & whatsoever he had done had in all likelihood prosperd . But he hath overcome them if not in doing , in suffering being more then conquerour , & when those briars & thornes are bundled up for the fire he shall have given him to eate of the tree of life which is in the midst of the Paradise of God. CHAPTER IX . The Commonwealth is a monster when Gods Soveraignitie in the Presbyterie contradicts the Kings . THe Reviewer all this while having made a poor shift to save the credit of the Kirke , and spent his time in sewing a few figleaves together to cover the shame of a sinfull disobedience against Gods command in the Civile Magistrate , which every puffe of wind rends in pieces and scaters before the face of innocencie and truth ; he here tries his skill to patch contradictions together … pergit pugnantia secum Frontibus adversis componere… and makes a parti coloured coate for his two headed monster which may aswell , in time , out doe the seven-headed dragon , if more crownes & scepters can befound wherewith to invest it , as it hath allreadie the hundred-handed Gyant , in pulling downe as many powers and dominions as it could reach ; metamorphozing the Paradise of Kingdomes into the forest of Commonwealths ; and changing men that should be good subjects into scorpions , or in serpentes Regulos , such serpents & cocketrices as will not be charmed into any obedience . The Presbyterians ministrie under Christ , being a tyrannie over Christians , quits them not of coordinating two Soveraignies in a state , Nor doth the Praelates maintaining an hierarchie in the Church make them at all guiltie of that fault since the former acknowledge no superieur in Ecclesiasticis but God ; & the later attribute aswell a spiritual as Temporal supremacie to their King. The spiritual Lordspip , Domination &c the Bishops exercise over his subjects in his name but the Presbyterians theirs in the name of the Prince of all Kings , whose Minister he is aswell as they , and call all opposition against them a warre against Iesus Christ. Nay , rather then faile , when they can catch His Majestie in a closet , Andrew Melvin shall tell him he must know he lies at their mercie , Publice Rex , nos parcimus tibi , That there are two Kings in Scotland , fac . memineris duosesse in Scotia Reges , one of the Church ( which must have the praecedence too ) and another of the Common-wealth . That by his leave ( which is , to say , without it ) they must meet at their pleasure , & have a care of the Church , whereof he is no head but a Member , no nursing Father , as the Scripture vainlie calls him , but the elder sonne or at most brother of the Kirke : And that this is spoken with good authoritie too , summa cum authoritate , shall the Vindicatour publikelie print that all may know it . The contrarietie of commands , when issuing from Masters aequallie to be observed , can not but breed distraction in the servant , and where Ianus hath not a twoo-fac'd generation , must needes much unfixe him in his advertence . Christs particular and extraordinarie commands , if all , to all , and at all times to be publish'd with out special commission , oblige not his Ministers publikelie , imperiouslie to prohibite others of his anoynted , which may be mistaken to contradict them If they unhapilie fall out contrarie one to other , the holie Scriptures no where command so to obey God , as activelie to disobey , that is , to rebell against the man that is their King. The Reverend Warners opposition here to the Presbyterians maintaines no such subordination of the Church unto the state as makes her servile in performance of unjust commands . And where Christ is found ruling in this case . He bids Saint Peter put up his sword , & all his Disciples to denie themselves , take up their crosse daylie and follow him , When the Presbyterians have as clere a Commission to prohibite festivals , to assront Ambassadous , proclaime fasts at such times when their Kings solemnize feasts , as the Apostles had for the publication of the Gospell , and teaching in the name of their Master that sent them : Let them applie the text in the 5. of the Acts , and ( I hope the Reader makes , the incongruitie none of mine ) disregard the High Priests commands of a disterent Religion , and obey God rather then man. The contrarie wayes taken in Scotland by Church and state ( so King or Queen may he accounted head or Member of the later ) have not been so rare , if the Historie of your foure last Princes be reviewed . Against three of whom Pope Knox personallie and in his Synod made very frequent opposition , which he bragges of in print . I shall not need to number your rebellious Acts and papers against the fourth . In the possibilitie of such cases , which you tenderlie admit , your modestie being great to acknowledge the fallibilitie of Assemblies , the common rule of humane direction's very good , had it been not onelie know'n by you , but followed . The difference upon disobedience to either is not fairlie repraesented temporal inconveniences in seditious tumults , to the hazard of life , often befalling men by the displeasure of the Church , And by terrour or force a rescue from punishment legallie to be inflicted , contrarie to the good pleasure of the state . Your interdiction of festivals viz. Our Saviours Nativitie to be observed , and Bishops to sit in Parliament , when summon'd by the King , seemes in your sense to implie no contrarietie of command , and are therefore slighted as impertinent objections The other two you speake to , but not answer . Not the former but in a fallacie somewhat like that which Logicians call of composition and division . The Magistrates that were to attend the French Ambassadours being not excepted in your indiction of the fast , but included with the people , and yet ( as excusable ) divided by you in the observance . The truth of Church ce●…sure intended can be no calumnie , the Major and Aldermen being cited and convented for their feasting , nor had the processe fallen to ground but through the prudent delayes interposed by the King , I must here put you in minde that your Brethren in Holland indict no fasts but by the Magistrates consent , and your discipline being praetended to be the same , you could not doe it at this time , when the King commanded feasting without coordinating Soveraignities , or which is worse , abolishing his , to ordaine your owne . In your answer to the later instance , you must cut the tails of your humble petitions and remonstrances , which were tipt and turn'd up with defiances and threats , under the notion of portents to the Kings person & his familie ; And throw your covenant into the fire which engaged the takers in pursuance of your contrarie commands by opposing Acts , and Persons of state too , beyond a declaration of their dislike . The watchman in Ezekiel ( whose example you counterfeit , and whose authoritie you abuse ) was to warne when God brought the sword upon a land : not to arme nor remonstrate when he sent it out . The falshood of your Church-chasing and excommunicating persons in the late engagement , were it any , could at most be fayd but to be antidated by the Bishop , we since daylie conversing with such persons who live not very comfortablie in these parts , yet dare not returne home ; And your publike papers ranking them in 4. classes or divisions , excluding them out of places of trust or power , censuring them to sackcloth , banishing , excommunicating all that repent not for their active loyaltie as a sinne . The Bishop chargeth no man with detracting from the freedome of the Parliament that engaged them , He onelie anticipates by his answer such a probable praetense . In the place whereof since you frankelie give us the advantage of your confession , in your next you must shew upon what sure grounds you protest , preach , warne , declare against the power of the Kingdome in a sree Parliament , in publike Iudicatories , and armies , which you confesse you did in your paper May 11. ( as I take it ) 1649. As likewise how your declaring of , became censuring in judgement , and your dissatisfaction transformed into a sentence . The heapesof untruths , when your spectatours wipe their eyes will be easilie discerned cast on your side of the way . So that they will not wonder at your falsifying Histories of old times , when the relation of your latest know'n practices , is by your fierie tongue branded with the ignominie of a lie . The generation you speake of , who keep up their credit according to the rate of too many mens idlenesse or in advertence , can draw no clearer pedegree then from your Synod , whose words can no more weigh with truth in the ballance , then their teeth whence they are lightlie flow'n can with the Silesian boyes endure the touch . CHAPTER . X. No concord between Parliament and Presbyterie . THe harmonie betwixt your Presbyterie and Parliament , when any , is discors concordia , and but still musike at best , such as once was made between Parma and Placentia by the concurrent identitie of the capital leters in thier names . So that when their Duke writ himselfe Dux P. P. and no more their ambition was silenced about prioritie in his title . And if we looke any farther into yours , we are encounterd caninâ literâ , wish that mastiue leter , which it may be , mysticallie snarles as much against the name , as your power assaults the authoritié of the other . And when you take upon you the writing both at large , your humilitie and Courtship is such as here , ever to give praecedence unto your selves . Your constitution must be look'd upon as no other then a caelestial quintessence . Your end know'n to be compassing a temporall aswell as a spiritual tyrannie , & your daylie practice , subduing , swaying both scepters of Jesus Christs . The Praelatical learning , you see , takes no higher flight then the next instance to prove the conclusion in hand . And he whose fayth must be forced to credit such unanswerable arguments hath indeed litle or no common sense or reason in him , but mistakes snow to be blacke because he lives in a dungeon , goes upon hot coales , and feeles not his benummed seet to be burnt : the light in him is darknesse because of his evil eye , & quantae tencbrae : how great is that darkenesse . S. Matth. 6. 23. What perpetual iarrings hath been between you I have otherwhere shewed , which never failed but when you tamper'd with the strings & tuned both instruments to your eare . I see the late engagement often serv'd up is enough a lone to take off your stomake ; yet that insipide colewort must be set upon your table , while your table contimues a snare to eatch your selves withall , and that bill of fare , though but one dish repeted till it choke the rebellious guerts of the Assemblies your paper of eight desires contained 8. very insolent demands , in place of that submission which the Parliament sent for , I can not say expected . What justice and necessitie may be in them was not at any time by you , nor by any at that time to be expostulated to the retarding that more just and necessarie designe . If the Parliament counted upon any , it reckoned withall the satisfaction it had render'd , Wherin it had been rather too lavish then close handed , and promis'd more upon the necessitie then thought on , then some conceived in justice or conscience could he performed . Securitie upon oath under hand and seale the Bishop tells you were harder termes then an Vsurers to a Bankrupt , and it may be you tooke His Majestie for no other , having goten ( though by no morgage ) his kingdome●… in your possession . And knowing what he had contracted with God before , you would not part with them but upon the surest interest of his soul. If the quaestion were not for the thing , that it should seeme you tooke for granted . And then what methodical , and scrupulous traytours doe you blazon your selves to be , to leave him languishing in a gaole , while the order and some particle of the securitie must be thought an . The qualification of the persons to have the managing of the warre being approved by the Parliament , the highest Court in the Kingdome , no law intimates an Assemblie or Indicatorie competent to reverseit . So that the Bishop hath sufficientlie inform'd himselfe that the knot of the differtnce lies onelie in some bulrush , which you looke for to litle purpose ; And having attentivelie read your publike declarations , drawes out of them no groundlesse conjecture , but an infallible assurance that no Historie mentions such Pharisaical Rebells upon the earth . The Warner knowes very well that what you call the libertie of the Church is in truer language the license of the many schismatical hypocrites that disturbe it ; who by long custome of blaspheming God in guilded rhetorike , and a spiritual figure , translating his holie word , but perverting the sense to sinfull ends in publike declarations , have withdraw'n poor people from their dutie to their King into such feares & confoederacies as the prophet Esai had in the place that you cite warning from the Lord with a strong hand , & instructions not to walke in . The three Graces you bragge of had too many snakes dangling about their eares to be mistaken for other then the thre infernalfuries which they were Your humilitie was pride and arrogancie to the height , attributing more to your private fancies , then to the publike counsels of a free parliament , the undenied repraesentative of the Kingdome . Your pietie was but the will worship of your owne imaginations that you chaileng'd : And your wisdome craftinesse ; wherin you will be taken in the end , & by your froward counsel caried headlong to your destruction . The visibilitie of this might encourage the Engagers to run any adventure , rather then to follow you in your wayes . Such of them as since the disaster have crouched to an acknowledgement of their loyaltie for an errour , are poore Spirited fooles that have their eyes onelie in the ends of the earth ; are never likelie to be in the number of them who obteind a good report through fayth in their sufferings , nor receive the promise , of some beter thing that God had pro vided for them . Did an Angel from heaven blow his trumpet , and proclaime God speaking in your declarations , the Warner and his partie were bound to stop their eares . Or if the Prince of the power of the aire should clothe such wicked language in lightning , or pervert some Boanerges to speake it in thunder , by terrour to worke in children of disobedience , we have Saint Pauls praescript to pronounce a double anathema against him , Accursed , Accursed let him be and in submission to God in his messenger the Apostle such men of gallant spirits should we be , as in a Christian constancie or Romane if you will have it , rather to perish with this last breath in our mouthes , then by hearkening to counsels or walking in wayes so palpablie pernicious to Church and state , with the ruine of both let the breath of our nostrils , the Anoynted of the Lord , be taken in their pits . If the margin and text of your following paragraph were not so neare neighbours , in my hast I might chance to have made no comparison , and so escaped the contradiction between them . No offer to stopthe leavic in the one , and opposition so coldrife and small in the other , will I thinke be reconciled by no logike but that which makes degrees varie species , or argues from the third to the second adjectand according to the vulgar proverbe , makes that not to be at all which is litle or nothing to the purpose . To the substance of your answer . By enquirie I finde your oppsition as hot as your fervent zeale and abilities could make it , and if your actions drew in the same yoke with your words , you that sweated it out in earnest beseechments , exhortations , and threats , sate not still to see the effects of your papers , but armed your selves to the worke of retardment , if not to the retracting the designe . Some few lines in a Declaration and warning from the Commission of your General Assemblie , are enough to keep the Bishop from ignorance , & a transscript of them as they lie to discharge him from the malice you impute… We doe earnestlie beseech and exhort all who live in this land , that as they tender their solemne obligation and oath both by the National Covenant , and by the solemne league & Covenant , & as they love the honour of Iesus Christ and the Gospell…Nay , as they wish to eschew the heavie wrath and indignation of the Lord , That they doe not give any countenance , nor connivence to these wicked men in their wicked way , much lesse to joyne with them in counsel or in armes . And because it lies upon us to be faythfull in our station , therefore as we have allreadie given warning unto these men that unlesse they doe speedilie destst from their evil way and repent , that we will proceed aganist them with the dreadfull sentence of excommunication…if any shall hereafter joine with them , we will be necessitated impartiallie to proceed against them with the highest censures of the Kirke… If this be coldrife and small opposition , what tall fellowes are you when you are warme ? I Know nothing you could well doe beyond it , unlesse with C. Caesar you would be so mad as in Homers language challenge Iupiter to an encounter em ' anaeir ' , e ego se , which you are likelie enough to doe , if it succeeded with him as Seneca Supposed . Non puto parum momenti haue ejus vocem ad incitandum conjuratorum anlmos addidisse . The Armie gotten up so numerous and strong , ( which the Commanders thought sooner expedient , and had sooner levied but for you , ) was probablie able to have done what service they professed ; but the aversion of the hearts of the Church declaring it selfe in diabolical curses and supercilious discouragement , divided the hearts and enfeebled the hands of a faint people . It was a strange sympathie in the hearts of your yeomen that in the midst of their fright made them flee to the same corner of the land . Their consciences are not commonlie of such a tender touch , but when scarified by their Clergie . So that it will be no calumnie to conjecture what spirit gave them wings , and directed their flight to the rebellious meeting at Mauchlin moor . Their growing number , and abiding there in a bodie for the securitie of their persons , made no partie for , nothing toward the deliverance of the Kings ; and their danger being onelie to be forced by the Parliament to goe souldiers into England for that purpose , the quaestion is what violence was therein offered to their conscience , and , if any , by what law or praecept , divine or humane , the Assembliecan countenance them in armes , though but in a defensive posture to withstand it ? In which had that part of the Armie that sodainly came upon them cut them off , it might have stood for an act of civile justice , more then militarie furie , kept the rest in peace , and much conduc'd toward an after securitie to themselves The communion at Mauchlin layd to the publike . Fast appointed in termiuis for the apostacie of the Parliament , might occasion some of your Ministers coming thither to as good a purpose as his to the Kirke of St. Andro , who pray'd to Allmightie God , that he would carie through the good cause against all his enemies , especiallie against Kings , Devills and Parliaments . Coloured clothes and pistols were no proper accoutrement for your Kirke-men wherein to celebrate the Sacrament of Christian charitie and peace . Nor were they the good instruments with the people to goe away to run away they might be afterward ) that had lead them in bands and troupes into the battail . For Presbyterian Scotish Ministers to protest against any rebellion wherein they act , needes no eagle ey'd Parliament man to discover it at the bottome as a peice of effronterie very common among them and proper to their profession , which is very ridiculouslie diss mbled in this case , when diverse of them were taken prisoners , fighting desperatelie for the cause , complain'd of to the Commissioners of the Kirke , who were so farre from inflicting any censure ; or giving them admonition , that they approved what they had done , and justified them in the fact . Which I see here you dare not ex professo , but fawlter in your iudgement about the meeting , pleading the securitie of their persons as a faire apologie for the yeomens a biding in a bodie , and yet mentioning the Ministers protestation , which is litle beter then a condemnation of their convening & fighting in the field . The Bishops parallel betwixt the Generall Assemblie and Parliament casts the cloake of maliciousnesse upon your owne shoulders in the abuse of your libertie , whereby you refuse to submit your selfe to the ordinance of man●… sor the Lordssake , otherwise then as it is ratified in your Synods for when the Presbyterians lay the authoritie of both Courts upon a divine foundation , they make themselves the chiefe corner stone , usurping the proper place of Jesus Christ in the one , and of his anoynted in the other , telling him and all Magistrates ( among whom Parliaments are to be numbred ) he ought to be subject to the Kirke spirituallie and in Ecclesiasticall government… that be ought to submit himselfe to the discipline of the Kirke if he transgresse in maters of conscience and Religion . So that when they talke of obedience sor conscience sake to their lawfull commands , they take cognizance what is conscience and law , and at their owne arbitrement many times oblige subjects on the same principles to rebell , calling this the justifiable revenge of the Magistrates contempt against the authorite of God resident in them . The Bishop mockes not at Ministers that carie themselves at the Ambassadours of Christ , that deliver not more then is in the Commission or instructions they receiv'd ; but thinkes they have no priviledge above the Angels , who are not dominantes but ministrantes spiritus . That they are a flame rather to warme indiscreet zeale and devotion , then consume in the fervour of violence and passion . That God rarelie tempers brimstone with the breath of his messengers , That he sets the time , & names the extraordinarie case , when his words shall be fire in the mouthes of his prophets , & his people wo d that it should devoure them . He likes you should judge according to the rule of Scripture , so you follow that rule , and keepe in subjection to good lawes . He commends your caring for life aeternal , not your leaguing and covenanting in order to that for the death temporal of your brethren . He judgeth you according to the rule of Scripture to be shamelcsselie impious that counterfeit a care of life aeternal , whither bloodthirstie Presbyters are never likelie to enter , but have a portion with their fellow hypocrites otherwhere . That make holie Sripture not onelie of private but perverse interpretation , and God the authour of all the wickednesse you act by the authoritie of his word who boast of an Ambassie from Christ , when who so blinde as these servants , who so dease as these messengers ( you say ) he sent ? who are lead by a Spirit that doth the workes of the flesh from top to botome mention'd by St. Paul Galat. 4. Who would gull the world out of all but a forme or propertie of religion ; who make your selves not Ministers but Masters of Christ , commanding imperiouslie the spirit he sends downe ; who make a trade of Scripture , and for wordlie gaine parsel out eternal life to whom you please . The second part of the Bishops parallel , I see , puts you to a stand , and the quaestion What shall be made ? … argues you some what suspended in your thoughts whether as much should be made of it as you meane , and the people commended for obeying their Ministers ( how seditious soever ) more then their Magistrates that command them . If all the power such Ministers have with the people be built on their love to God , what pitie is it that rebellious structure should have such a religious foundation ? When it riseth high he is no good states man that doth not demolish it , knowing that what God and conscience constraine not , but perswade , to imploy to his good , the Divel without any or with one that 's erroneous may tempt them to aedifie to his ruine . It is not amisse sayd & applied by him that writ of the spanish Monarchie Pri●…um instrumentum bone imperandi , lingua est ; secundum vero gladius . The sword is but the left hand instrument in the governing Kingdomes : The tongue , of the preacher is dextra terribilis , that of the right hand that teacheth terrible things , that by the menace of death , which the sword can not reach to , keepes subjects in obedience to their Soveraignes . Therefore when once it hath a power with the people such as that of St. Bernard it had need be endued with the spirit of Saint Bernard , sor there is a tongue . Quae conterit spiritum , the perversenesse wherein is a breach in the spirit Prov. 1. 5. 4. And the proud men in the Psalmist , promise themselves a victorie over Princes by the tongue , We will praevaile Who because they are the men that ought to speake , just like you , denie all supremacie . Their first language is this . Quis dominus , Who is Lord over use . The Politician I spake of hath a discourse worth your reading , wherein he shewes you how Maliomet stirred up the people against Heraclius the Emperour . He sayth as much for Calvin your protoplast , which whatsoever may be apologiz'd for him , I am sure is inexcusable in Knox and you that are the workemanship of his hands . This made Charles the good so prudent and resolute , who being become too unhapie in nothing more then in suffering your Babel building to be finished in Scotland , when he beheld the like worke of your fellow Rebell Architects in England , would not exclude himselfe out of doores , nor part with that power whereby he might best restraine the seditious exorbitances of Ministers tongues , who with the keyes of heaven have so farre the keyes of the peoples hearts as they praevaile much by their oratorie to shut in and let out both peace and loyaltie . While the Warner scosfes at your threats his meaning is to have deluded people to scorne them and know in your words that the thundrings of ( the Scotish aswell as ) that Roman Anti-Christ are but vanitie and ●…inde . To tell them in a figure that hell and death are no more in your keeping then the gaole in the prisoners that walkes abroad in the streetes with his shakels about him , but must render himselfe at the end of his covenant : The Praelates proclamation of such Atheisme as this is a printed copie out of the original writ by the fingar of God in the 10. S. Matth. Whereby is to be banished out of the hearts of the people all feare of them which kill the bodie but are not able to kill the soul , for all their kirke-bulls and censures that threaten it . To the quaestion you close with I answer , That Satan hath driven allreadie the first instruments of his Republike in Britaine into a very narow roome in the North , where Cromwell and other his more usefull instruments at praesent , are likelie to keep them , till , if God neither convert nor by a miracle otherwise confound them his worke being done he may lash them with whips of their owne making , topt ' with Serpents heads , and Scorpions tailes , and at last deliver them to the worme that shall not die , cast them into the fire that shall not be quenched , and make their stinking memorie an abhorring unto all slesh . The third part of the parallel hath been in every particular justified , and were more instances requisite to evidence the truth , they might be a numberlesse number of such imputations as you are never able to refute . The charge which the Bishop subjoines is not so poore but that it enricheth his proofe with the best argument of your spiritual supremacie . The daylie practice of the Parliaments of Scotland , such as have been of late and heretofore when your Reformation tooke place , constitutes no right , confirmes no power os nominating commitees for intervalls . Nor is there any inhaerent right in Courts to nominate interreigning Commissioners but by Royal favour in such as ( except their intertearming vacations ) are perpetual and standing , not call'd by fits ad placitum Domini Regis , no not in the Parliament it selfe . Which ( to omit other proofes ) was the ground of this clause in their Act of oblivion 1641. That the peace to be now established may be inviolablie observed in all time to come , It is agreed that some shall be appointed by His Majestie and the Parliaments of both Kingdomes , who in the interim betwixt the sitting of the Par●…ments may be carefull that the peace now hapilie concluded may be tontinued &c. … And it is declared that the power of the Commission shall be restrained to the articles of peace in this treatie ; As likewise of that fatal Act for perpetuating the last blacke Parliament in England , which had probablie ne●…r been required if it might have nominated a Committe of state ( that idol to which it now sacrificeth , in bloud ) to sit till the next summons upon any inhaerent right in that Court. For the Iudicatories of your Church . I am tired with telling you that no law of the Kingdome doth privativé authorize them to meet , their Assemblie being illegal without the King or his Commissioner , neither of which are to come upon course or at call . And their power of appointing Committees hath as often been quaestion'd ( and how often is that ? ) as it ever was executed without or against the positive consent or command of the King or Queen for the time . And trulie the committees in the times , os your late troubles were the Ambuscado wherein you lay closelie in wait to disturbe both Church and state , while your armed bodie in Parliament retired . Whose frequent meetings were forced no otherwse then by the incessant zeale in their Members to persecute Religion and loyaltie . Whose diversion from their particular charges ( for attendance on the publike rebellion ) was join'd with so great fascherie and expense to fullfill their lusts at other mens cost , Which with all their heart they will in Sempiternum continue , if feare of their neckes make them not at length slip out of the collar : or their grey haires and withered carkasses ( after many a surfeit ) call them not to some other account , or their Chiefe in whose service they made these necessarie meetings pay them not their necessarie wages in pertusum sactulum , into a bag full of holes , which shall never be filled , no more then was the measure of the iniquitie they acted . CHAPTER XI . The Presbyterie cruel to particular persons . IF King and Parliament be ( as they may very well ) incenced against the Presbyterie at sight of the Bishops reason , more then out of sympathie with him in his anger , his warning hath taken in part the effect that he wished and aim'd at . Yet in vaine shall they vindicate all just authoritie to themselves , if the people be kept in a servile observance of a tyrannous discipline , & pay their blinde obedience to the Kirke . Therefore the Warner excedes no bounds in his rage , but en largeth his bowels of pitie to them , who for the most part having disarmed their soules of that judgement which should dictate their freedome from Church censures upon acts indifferent , or sinfull in an inferiour degree , their due submission to an arraignment of thoughts onelie in the Court of a poenitent conscience , or hereafter before the tribunal of heaven , where sits the onelie Iudge of hearts , the discerner of perverse inclinations ; expose themselves naked to the boundlesse furie of mercilesse Reviewers ; to the sharpe scrutinie of malicious Inquisitours ; to the arbitrarie sentence of most sinful Iudges , and therefore most suspicious surmisers . The Bishop mentions no faults but such as toward which your Discipline mentions no favour limited to the privacie of the care . Nor yet doe all those give occasion for that which you take to shew the infinite extent , the interminate divisibilitie of your power . In the booke that he cites is the greatest censure of the Church praescribed , and more methodicallie then mercifullie shewed how a small offence or sclaunder may justlie deserve excommunication by reason of the contempt and disobedience of the offender . Pag. 60. And lest any should thinke that the osfenses named are not so hainous as that of the Corinthians incest ( whence you take your paterne and Saint Pauls authoritie for your processe ) you give such to understand that mercie and favour may rather be granted to any other sinne then to the contempt of wholesome admonitions , and of the just and law full ordinances of the Church . Pag. 80. Which if ( as you say ) it never procured the smallest censure , you have been a great deale too profuse of your pardons , Where you professe your obligations so great to the performance of the commandement of God. Or , if you thinke it not such may be justlie required by any Erastian to render a reason , why that ignis fatuus , that foolish spirit of bondage walkes in your Discipline from generation to generation , while they laugh at the calamitic you threaten , and mo●…ke when your feare cometh upon the people . But he that knowes you will never mistake you for such meeke lambes in this mimike disguise of lions , when he findes you aswell preying as roaring . And how any , the most charitable man will have just cause to complaine of your rigour , let your aequitable comparers judge observing with me but one passage of multitudes in your forme , that one which speakes you the most savage petitioners that ever invocated the name of Christ , whom you humblie beseech ( for feare his mercie that is written to be above all his owne workes , should be above that of yours , the inhumanitie you are about ) that whatsoever in his name you pronounce in earth ( meaning the sentence of excommunication , though but for susspicions and jealousies , if not confessed to be as real faults as any peevish brother shall construe them ) he Would ratifie the same in heaven . Which can not be paralleld in the Turkish Aicaron , nor among all the superstitions rites and cruel offices of the heathen per formed to the most bloudie , most insatiate of divels , who doth nothing else but goe about seeking whom he may devoure . Where as if this be your slacknesse wherewith sectaries charge you , which you are soric you are not able to refute . it should seem you are sorie there are no more hells then one , no pluralitie of soules in your single Impaenitents , no imaginable protraction of punishment beyond aeternitie for the execution of your censures . The Sabbath recreations , which the Bishop sayth are voyd of scandal , are likelie to be , at most but those mention'd in the booke of toleration so much decried by the brethren of your faction ; among which were no stage playes , nor , in my memorie , any allowed to be acted on Sundays , and so not frequented by his friends . The greater license on the Sabbath Kirmasses you slide over without any of that zeale , which His Lordship prophesieth , though your selfe have been a spectatour of it in these Countreys , So that in your owne words ( which I am a frayd will too often be mistaken for mine , and bring upon me the imputation of a sloven ) If the Aposteme in your lowest gut had not chang'd places with your braines your words had been wiser and your unsavourie breath ( which you too often eructate ) somewhat sweeter . The debate among some of your sect . Whether in Scotland or no , which is not expressed , about starch and cuffes , may very well passe upon the credit of the Warner that asserts it , & your putting him upon the poofe makes me guesse you are not in a readinesse to denie it . Howsoever we know the curses of the Laundrie have been through two or three descents a traditional legacie to the brethren of your order in England for the counterscuffles they made about the former . And the debate on the later hath produc'd an injunction to your Societie somewhere else to cast away those litle idolatroue ragges , which could scarce be taken for any reliques of Rome , & their gloves too , it may be upon better reason , lest the cleanlinesse of their hands might beget a jealousie of some superstition in washing them before their publike officiating , on their unhandsome distributing of the word . What litle latitude of discretion you allow & how your superiours must be your slaves or pupils in the attire aswell of their bodies as sules is evident by your preaching and articling against the apparell even of the Ladies of Honour & that waited upon your Queenes Majestie three sundrie dayes when she rode in great state and solemnitie to the Tolbuith in Parliament time Ao . 1563. Of the second oppression , which the Bishop objects you give up a very imperfect account , leaving the greatest weight to he as heavie as it can upon the head of your Synods in calling the Magistrate fool for his mercie , and knave for his briberie , which you onelie suspect because he is not as rigid as your selves ; In enjoyning publike satisfaction after the Defendant hath given it at an assize &c. What you bring is litle to the purpose , and , if it were , hath been packt away with its answer long a goe Wherewith yet if gou will not be satisfied , you must be set to reviewe Erastus and answer him . When he tells you , of old no notice was taken of your double formalitie viz of crime and scandal , so as to subject the delinquent , for the same fact , to the censure of two distinct Courts , Civile and spiritual . He calls ad raucedinem usque for one text or example in Scripture to justifie it ; He proves out of St. Austin &c. That the Church used the spiritual sword onelie when the temporal was not in Christian hands . He puts you to make good your maine consequence . That if the Magistrate doth not his dutie , an Assemblie , Court is required to constraine him , or as youe Liturgie speakes , to admonish him , and that too , as the Bishop urgeth when he hath discharg'd it according to his Iudgement and conscience . From your proceedings of this kinde His Lordship drawes 3. observations , which you cannot denie , and yet dare not acknowledge , and therefore say nothing ; but worke in a whimzie of his excursions upon his owne friends , not any of whom approve the injustice , the irrationalitie , much lesse imitate the cueltie of your practice . The Popish Praelates are not so neare allied unto the Doctour , nor doe they need to be taken into his protection : The English are , and can vindicate themselves against you for admitting to the holie table with signes of repentance , without Ecclesiastike publike satisfaction , murtherers that are either quit by their jurie , or have their pardon sealed by the King , whores that either are spared out of hopes of amendment , or have had the whip at Bridewell , and theeves burn'd in the hand at Newgate or sau'd by the benefit of their Clergie ; And this upon beter grounds then the Presbyters denie them communion with those , who as much as they make up their mouthes , dare not take up a stone to cast at them . The Doctour knowes his owne meaning , and plainelie speakes it . And they must be very ignorant or worse that are not of his minde , or rather of St. Pauls which I take to be this . That when a man shall without visible hypocrisie say , be hath examin'd himselfe , he is not to be againe examin'd by the Classe , but may eate of that bread , and drinke of that cup , That when he hath judged himselfe , he should not be judged ; That when he is judg'd , he is chastened of the Lord , not condemn'd and executed by the Kirke . Your interrogatorie or argument a minore ad majus in case of Scandal is defective untill you render a just definition of scandal applicable to all where in your discipline doth instance ; After which having made your scale of degrees , your antecedent requires your proofe viz. That small , scandals are to be purg'd away by that repentance that here is in quaestion between us . Had I ever read of any Presbyter in Scotland what I have of Fabian once Bishop of Rome . That he was chosen by the extraordinarie descent of a dove upon his head . I might charitablie hope sor some spirit of meekenesse among the brethren of the Discipline , and have some litle credulitie that the want of gall in any one of the number might qualifie the exuberance and overflowing biternesse in the rest ; But when I meet with such tragike Histories of their implacable furie , and see every where their unjust judgement running downe like a torrent , and their unrighteous rigour like a mightie streame ; I can put litle trust in the slender banke of Master Baylies professions in behalfe of his Presbyterie , from whom expect as litle mercie as truth , and as litle Christian righteousnesse as peace . The Warner can not be ignorant of your Scotish wayes , while his eyes are open to reade them in your bookes , or his eares to heare them in very credible reports . He that lives in Scotland , and never seeth the execution of that censure , must betake himselfe to the mountaines , & converse in some corner with those creatures , who know as litle of excommunicating by , as they ever did of communicating with a Church . For the 47. yeares halcion dayes that you have seen ( of which from your birth which you so superstitiouslie mention you must give us leave to abate at least one or two , as praegnant in knowledge and as quicke an Intelligencer as you could be in your cradle , and about 30. of 40. more , wherein the curst blacke cowes had short hornes , the Presbyterian severitie being regulated by the Bishops , who caried the badge of clemencie aswell as innocencie on their armes the great citie you liv'd in must be taken for the onelie bright Mercie seate in your Countrey , while the sun of righteousnesse did never arise otherwhere , but turn'd his face away from it as a land of darkenesse , full of cruel habitations . As touching the two censures you acknowledge , had the profanesse in the papist , and the horrible scandal in the Praelates been priviledg'd as much in the punishment with a proxie , as , they say , the more true and more horrible scandal in a brother of the Commission , the rod of that furie had passed upon the backes of the fooles in your Citie ; as for the luftie Presbyters delinquencie ( I have heard your excommunication was executed upon the Nodie-Innocents in his parish . If you goe no farther then Saint Pauls command 2. Thes. 3. 14. You should denounce no publike excommunication in the Church , but diates epistoles scmeiousthai , by private leters signifie his fault . You should have no companie nor familiaritie with him that he may be ashamed , not forbid every man to sell him bread , that he may be sterved . You should admonish him as a brother , not count him as an enemie , commanding him to be reputed as accursed & delivered to the devil . Much lesse should you arrogate the praerogative of God , if not a greater , in visiting the sinne of the father upon the children , such it may be as hate you not , denying them baptisme till they come to be of age &c. And , to shew what good Angels you are , after sentence pronounced , you dismisse not the Congregation before they have sung with you the 100. Psalme , a Psalme of exultation whereby as much as may be , you rejoyce at the confusion of a sinner . Nor is your reserve of litle kindnesse very constant in permitting the excommunicate the companie of them that are tied by natural bonds unto him , when the sharpenesse of your censure cut ' these bonds , with-held this indulgence from Master Iohn Guthrie Bishop of Murray , to whom , when he lived in Angus you denied the comfort and conversation of his brother though a preacher of a parish thereabout . For the inconveniences that follow , how powerfull hath been the influence of the Church upon the State in such Acts of Parliament as are made consequential to their Acts of Assemblies may be guessed by the frequent servile submission to the tyrannie of their papers . In the Parliaments where your Princes were ever praedominant it can not be thought they would ratifie an Act so destructive to their owne strength in the diminution of their subjects , as to set the * heads of wolves upon the shoulders of men , and for such trivial faults as the Bishop mentions antecedent to your censure , with leters of horning expose them to be worried by dogges . For this crueltie may your Church be deservedly challenged , and that by Proelates , who gave no such customarie allowance to thier officials to excommunicate as appeares by the caution in the Canon 1571. Nullus horum , nec Cancellarius , nec Commissarius , nec Officialis in cognitione causarum proced●…t usque ad serendam sententiam excommunicationis , nisi tantum in causis instantiarum . And in the Canon 1604. If the delinquent made his appearance , and after processe was to be censured the official was nor to pronounce the sentence but the Bishop nullam ejusmodi sententiam pronunciari volumus praeterquam per Episcopum &c. Nor were the civile inconvenients like those after leters of horning . And how easilie all for great crimes was commuted for , your brother Didoclave complaineth at large . Where as you run againe from the severitie in your lawes to the clemencie in your practice ( though that be no answer to the Bishop who presseth upon your Canon ) your diverse late yeares crueltie , which still is continued confutes you in the face of the world . In which if your sentence tooke place in heaven as it doth to their confusion on earth , so many have payd the price of their soules for observance of the first & fift Commandements , their dutie to God & obedience to their King. Your parenthesis that hookes in the greatnesse of sinnes is convict by the slight pecoadilloe forementioned . And the length of your processe shall be cut short by one instance in the forenamd Bishop Guthrie , who was never so much as admonish'd by a brother , nor summond by a messenger unlesse to yeild up his house to Rob. Monroe , being caried to Edenburgh not to have trial , but to heare that sentence had passed upon him before he came . In the case of fugitives your Discipline makes no distinction not arbitrarie between the contumacious and timerous . And he that stands to your account shall come short of his reckoning on mercie , if your flying rowle can reach his soul at a distance aswell as to be sure it shall consume the timber and stones of his house that 's at hand . CHAPTER XII . The Presbyterie a burthen to the Nobilitie , Ministrie , and all Orders whatsoever . You know what Constantine sayd concerning the Arians… Christe , Christe , Kyrie , Kyrie , ti depote hemas to lesterion hosemeran titroskes He complaind that when their hainous crimes whereof they were accused had wounded their heads , and the deformitie of Shame spread over their faces , their violent boldnesse stood fiercelie in opposition to the truth , They wept not in Sorrow , but roar'd in madnesse with a grinding of their teeth . The Presbyterians I see by many passages in this chapter want neither impudence nor rage to outface and raile as much as any haeretikes whatsoever , when once their discipline is touched to the quicke . The Praelatical malice seemes no way exorbitant by this supplement of the Bishops , wherein his just indignation chaceth all the remaining eccentrike motions of these planets , these ftaires that wander from the fixed beauties in the firmament of the Church . If you can but finde patience , or your stomake will serve you to returne to your owne vomit and licke up your language the aire will be cleansed which was become unsavourie onelie by the uncomelinesse of your speach . The Noblitie and Gentrie in all parts of Britaine have had too long and unhapie experience of the difference between the fatherlie counsels or friendlie correction of Bishops ( whom Religious Princes in honour of their function have dignified with the title of Barons , and priviledge of Peeres ) and the unsufferable insolencies of Presbyters , whose peacockes tailes that traine it daylie in the vulgar dust , and sweep together the raskalitie of the people , are poudlie spread and fanned in their faces . Those in England , ( which were none of the best ) that refused no hazard to shake off that easie yoke which was layd upon them by the hands and institution of Christ , have broke their neckes in their hast , & you see their honour buried in the grave . The Scotish Nobilitie that lead them the way , having serv'd allmost a double apprentiship at the trade , alas groane for their freedome yet dare not aske it from him , whose mercie they feare must not be so injurious to justice , as after so many rebellions and murders especiallie that unpardonable parricide ) to redeem them from bondage and to quit the for feit of their lives and estates . Therefore they chuse rather ( unhapie choyce between necessitie and nothing ) to renew their slaverie , Were the British Bishops set downe againe and ( which they may be in beter earnest then you meane it ) well warmed in their repaired sees , as they would looke to receive a filial respect so they would doubtlesse repay a paternal Christian care of the Nobilitie and Gentrie in their charge ; Those that heretofore did not ( if any did not ) had no natures nor principles befitting their dignities , and till they have changed what they had for such 't is pitie , if they survive , they shovld be reenstated . You should doe well to name those that set their feet on the neckes of the greatest Peeres , but withall to set downe how long they could keep their footing there when a just appeale had been made to the capital power that was above them . If the publike ●…oo scandalous license of any peere , how great soever , receiv'd at their mouthes a friendlie rebuke ; If after that his untractable confidence in sinne some legal restraint or fatherlie chastisement at their hands ; when Gods impartial and irrespective commandements are alter'd ; when Christian lawes that are consonant repeal'd , they may be then , & not till then discharg'd of this dutie , and visited by Master Baylie ( when he shewes his commission ) for their arrogance in the exercise of any oppression or tyrannie in their Courts . In the pretie peice that followes Master Baylie hath play'd the part of Pauson the painter in Plutarch , and artificiallie draw'n the Presbyterian horse in his ful career , giving as he thinkes every limme its due proportion to grace him in that posture ; But when , with Pausons customer , we turne the table and lay the beast on his backe , his designe is spoyl'd , and that uglie spectacle of a founder'd jade drawes contempt and laughter from all judicious passengers that behold it . That every small Congregation in Scotland can furnish your Elderships with wise , pious , and learned men by the dozen , will never be credited till we get some Historical assurance that when all good parts , pietie , and prudence were divorced from Canaan Athens & Lacedaemon they made a voyage to Scotland to court the wilde affections of the Presbyters in the North. For the double portion of discretion and learning in your Classical Presbyterie , which drawes in by fifteens the Nobilitie & Gentrie you runne the adventure of losing a beter inheritance , if you take St. Pauls to meane that in the leter ( as you sometimes tell us when you are angrie with Court and our Academical Clergie ) Not many wisemen… not many noble 1. Cor. 1. 26. But it is in truth your owne carnal wisdome not so much to adde worth , as to arrogate power to , and make absolute the authoritie of your Consistorie , that in other mens names you may Lord it over not onelie the Common people but the Senate as he told some of your kindred that had searched every secret corner in your spiritual house . Consistorium ut dominari possit Senatui asciscit pro senioribus Consutes , Senatores & Optimates… Where if persons of qualitie be wanting to complete your number , you go●… to plow with an oxe and an asse , yoke a Count and a Cobler together , while your prickeard Pastour keepes the goad in his hand to quicken their dull pace and drive them into Rebellious Covenants and so to their shame and destruction . The Iudge in our Officials Court is to be no petie mercinarie lawyer , but a Doctour that hath approved his skill in our Civile lawes before one of our learned universities , & thereby supposed to have beter abilities to judge then any Nobleman , Gentleman , Burgesse , one or more , except some select persons who by studie may have attained to some excellence in that facultie , wherewith neither by birth nor education they are know'n to be ordinarilie qualified , unlesse Dame nature in Scotland hath some faeminine molds in every parish for your Elders , or some Seraphical fathers to breed their children by the rod or institution of the Spirit . But to returne to our Doctour . From his single sentence appeale may be made to a Court of Delegates consisting of a number the most learned , and in humane opinion the most upright lawyers in the land . Which can be taken for no miserable reliefe , being the highest Court constituted by the authoritie of the King where if not His Majestie in person , his immediate Commissioners are Iudges . Your twice a yeare Synods seem somewhat unnecessarie if intended principallie for receiving appeales , your Classical Presbyteries consisting of persons ( as you praetend ) of such sinceritie & honour , & somewhere ( as I remember ) Didoclave tells us they have litle worke which , if well examin'd , hapeneth not so much by reason of the aequitable proceedings in inferiour judicatures , as from the assurance which persons oppressed have to meet with the same measure from the same men that are the Members of your Synods , who know well enough how to gratisie one another in the mutual ratification of the particular sentences pass'd before . The Primitive Synods found other worke , praeserving in their Provinces the puritie of doctrine & uniformitie in practice , trusting Bishops in their Dioceses except in singular cases with the censures of persons & redresse of grievances . Yet whatsoever convenience may be in it our Episcopal twice a yeare visitation may parallel . If the chiefe Noblemen &c have decisive voyces in your Synods , they gaine that priviledge by their birth or estates to neither of which is inseparably annexed wisdome , pietis & learning , the three gifts or spirits you require in your Iudges . How farre private instructions and interests praevaile with your Presbyteries in their elections to exauctorate all the good qualifications in the competition of Candidates , the records of your Edenburgh Tables at the begining of this Rebellion can justifie : Though were their Honourable heads gaged and concluded capacious to hold no lesse then a tunn of wisdome & learning , and their armes clasped upon the embrace of the whole sisterhood of zeale , vertue , and grace , with all other abilities requisite to your Elders , your Presbyteries full approbation and choyce could not authorize them to suffrage in a Synod , whereto of old they had no admission , but as in the Second Councel of Orange , when sent thither by the King. I shall not insist upon the comparison or disparitie between them & inferiour Civile Court Judges , in whom no parts are wanting to the execution of their place in whose choyce the Canon of their institution is observed All hopes of redresse by appeale from your Synods to a General Assemblie are crush'd in the shell by your underhand violence in election of Members , and praelimitation of them that are chosen in their votes . You remember the seven private directions sent to your Presbyteries before the Assemblie at Glasgow 1638. the fourth of which was . That such as are erroneous in doctrine or scandalous in life , be praesentlie processed that they be not chosen Commissioners , and if they shall hapen to be chosen by the greater part , that all the best affected both Minicters and Elders protest , and come to the Assemblie to trstisic the same . By this tricke you not onelie prae●…udg'd or praecondemn'd the legal freedome in choyce , but caus'd to be process'd all suspected to be of a different sense from that which you praedesign'd or praescrib'd to the Assemblie . Thus the Presbyterie of Edenburgh put very many of their Ministers under processe , begining with Master David Michel , their proceeding against whom His Majesties Commissioner could not get deferred untill the meeting of the Assemblie . Thus the Laird of Dun chosen Lay Elder for the Presbyterie of Brechen by the voyce but of one Minister and a few Lay Elders , was accepted , & the Lord Carnaegie a Covenanter too , but somewhat more moderate , more lawfullie chosen by the voyces of all the rest was rejected . There was another paper of instructions dated August 27. 1638. which is mors in olla , the Collaquintada that spoyles all the pottage you bring us in this parapraph , the Second of which is this , Order must be taken that none be chosen ruling Elders but Covenanters and those well affected to the businesse , so that parts for judgement , wisdome , pietie &c are no considerable qualities in your Members of Assemblies , when the Covenant and good inclinations to the bus●…nesse ( of rebellion ) can be found though but in Ideots & Atheists . The multitude of Burgesses & Gentlemen is so great to some such good intent as this , that you may praeponderate the Parliament in your laike votes , and anticipate any just exception they can make against your Acts. The ground of their admission in your first reformation was a defect of Clergie , which , when once supplied , had for 40. yeares possessed all the places till exchange was made at your Glasgow null Assemblie to doe the worke in hand . The prime Nobilitie are not allwayes the men , but such among them as are first in popular opinion , and for that in your favour . Your choyce of them is many times illegal , when to serve your turnes you call them from one Presbyterie to another . Yet when all is done , you can pleade no praecendent from antiquitie for any more then a declarative consent , no definitive sentence no decisive voyce , the subscriptions in the Ancient Councels , distinguishing the Clergie and Laitie in this maner . Ego N. definiens subscripst . Ego N. consentiens subscripst . Those that at any time had greater priviledge , ( if the words cited by your Bishop of Brechen must needs give it them ) Gloriosissimi edicunt & Gloriesissimi Iudicos dixreunt , were special Commissioners sent from the emperours not from any Presbyteries , as he tells you , and more to this purpose which you may answer , as likewise what the Reverend Bishops objected in their Declinatour , about Theodosius the yonger , Pulcheria the Emperesse , & Martinius in the fourth General Councel of Chalcedon . Master Andrew ! Ramsey undertoke an hard taske upon the top of his stool offering to prove the lawfulnesse of Lay Elders by Scripture , Antiquitie , Fathers , Councels , & the judgement of all the Reformed Churches . And therefore , when His Majesties Commissioners offered to bring one into the pit that should encounter him , the cocke crowed no more , and , with the Brethrens good liking the controversie ceased . Till afterward , on good occasion , a Member offering to prove there was no such thing in the Christian world before Calvins dayes , the Moderatour learnedlie confuted him , saying , His father while he liv'd was of another minde . The E. Argile , who was surprized , as he sayd , at the sodain rupture of this Assemblie , held the Members a litle while by the eares with his argument of convenience , telling them . He held it sit the Assemblie should consist of Lay-men aswell as Churchmen ; Take this with you . Your Assemblie Ministers are chosen by the lay Elders your Moderatours some times are laymen , a course not justifiable by law , praecedent , or reason . The Kings Majesties person , or in his absence his high Commissioner is there onelie ( you tell him ) to countenance , not vote in , your meetings , and proesides in them for exernal order , not for any intrinsecal power . So that when you goe on calmelie in your businesse he findes litle to doe without Domitians flie-flap , of more use by farre in a summer Synod then a Scepter among you which you often times wrest out of his hand , and continue your meetings after he hath dissolv'd them . You can denie him or his commissioner the sight of publike papers brought into the Court ( which libertie the meanest subject may challenge . ) And twhen he hath any thing to object against suppositions , or , at best suspicious Registers , the E. Rothes can tell him boldlie in your names he must speake it praesentlie if at al , and because he doth not you wait no longer ; but , proimperio , vote them to be authentike . Beside , to deminish as well the Kings state as authoritie , you send Assessours , or Assistants to your Elders , and invest them with power aequivalent to his Councel This meeting thus disordered sits too long by a mon●…th when no more , and Assembles , too often when but once in a yeare . The number of such Members no more hindereth an appeale , then a multitude of Malefactours can sentence a necessitie of becoming their followers in doing evil . Their wisdome is such as his to whom , a wiser man tells us , it is a sport to doe mischief . Their eminencie like Sauls , head and shoulders higher then the common people in Rebellion , And their honour somewhat like Absoloms mule , beares them up to the priviledge of the great oake in the wood for their hanging in beter aequipage then their fellowes . So that beside the justice there 's an absolute necessitie of appeal to the Parliament , or in that to the King from himselfe to himselfe , who sits there as supreme , here in no other capacitie but of your servant . Which is farre more justifiable and necessarie then vour appeale from both Parliament and Assemblie to the bodie of the people , which I tell you againe is the final appeale you make when Assemblies are not modell'd to vour minde . The number and qualification of Knights and Burgesses is therefore large and as great in your Assemblie as Parliament , that your power may be as large and great in the State as the Church , and the Nobilitie sit in one by election , because they sit in the other by birth , and so in a condition to unite the counsels of both according to the instructions of some few Presbyters that by Sycophantike infinuations have got possession of their soules and by their Spiritual Scepter dominion of their suffrages . Headie zeale , craft , and hypocrisie got in commission or Covenant together , we finde by experience can fit them to judge in Ecclesiastike affaires , when age , wisdome and pietie are sentenc'd . If ●…he hundred choyce unparliamentarie pastours make up the oddes of some absent Noblemen , it should seem you and the Nobilitie are even pares cum paribus , Peeres alike in your honourable Assemblie . Which they must not disdaine , since Christ himselfe , I meane not his Anoynted , ( that you take to be out of quaestion ) goes but for a single Elder or Moderatour at most . So Cartwright and his Demonstratour cajoles them together , when he sayth , If they ( the Princes and Nobles ) should disdaine to joine in consultation with poore men , they should disdaine not men but Christ himselfe . So that Christ being in his name made your Assembly Praesident or Prolocutour , the King in his Commissioner your protectour , the Nobilitie your aw full subvoters or suffraganes , I see nothing wanting can conciliate a tyrannie to your Presbyterie , nor keep your foot of pride from trampling as basely as may be upon the people . But not to forget at last what you set in the front as first to be answered . The Presbyterian course , as you , or I more trulie , have describ'd it , is not much more readie then the Praelatical , because the benefit of appeale is to be had ordinarilie but once or twice in a yeare ; not much more solide , because most of your Iudges can reasonablie be thought neither good Civilians nor Casuists , not much more aequitable , because , as you order them , many more of the laitie then Clergie . In the second hurt your Nobilitie sustaine , the Bishop lookes , not upon the judgement of foreigne Reformed Devines ( you doe not say of Churches ) nor yet on their practice , which I have know'n some time a great deale too sawcie with Princelie Patrons , but upon the aequity of the thing , upon the priviledge our Nobles in England enjoy , & the right yours have to the same by many yeares praescription and the lawes of your land . The first will be found if the original be searched . The right of patronage being by the due gratitude or favor of Kings & Bishops reserved to such as either built Churches or , endowed them with some considerable revenue , as likewise for the encouragement of others to propagate meanes and multiplie decent distinct places for Christian conventions . Hoc singulari favore sustinetur , ut allectentur , La●…ci , invitentur , & ind●…antur ad constructionem Ecclesiarum . The exercise hereof in Iustinian is expressed by the termes , Epilegein or onomazein , which signifies an addiction or simple nomination , to stand good or be null'd at the just pleasure of the Bishop , and therefore accounted no spiritual act in the Patron , but a temporal annexed to that which is spiritual in the Bishop , and therefore not simonaical as your brother Didoclave would have it . Nor is there that absurd●…ie he mentions of arrogating to one what belong to all the Members of the Church , as is praetended , but can never be proved , Nor that danger in transmitting this right from one to another , if the care of the first patron des●…end not with it , which defect the care of the praesent Bishop must supplie . Nor is it requisite he should be a Member of the same parish to which he praesents , since the Bishop is head of the same diocese to whom , That this is contrarie to the libertie of the Primitive and Apostolike Kirke , to the order which Gods word craves , and good order , is onelie sayd but not argued in your Discipline , no more then by you when and to whom it became a grievance . Your patience in enduring it goes for no heroical vertue , being peevish enough soon after the Act of annexation had passed , as appeares by your cariage in the Assemblie at Edenburgh 1588. and turned into a Rebellious Conspiracie , allthough painted with the name of a Parliam●…nt that now at last ( because it could not at first ) hath taken it away . The Nobilities losse of their Impropriations and Abbey lands is very considerable , when they bethinke themselves upon what false pleas , and to what unconcern'd persons they must part with them . Touching which as Sycophantike as is the Bishops accusation , he 'll not abate a sig of his right for the Presbyters answer , nor I a leter ( take which he will ) in exchange for his name . * Aedepol nugatorem lepidum lepidé hunc pactu'st… * Calophantam an sycophantam hunc magis esse dicam nescio . That the whole generation of the praelatike faction ( as your style it ) did hyperbolize in zeale against that which they call sacriledge , is an argument they were all true bred , no bastard children of the Church , not so meane condition'd as to sell their spiritual birthright for potage . Were your title as good , ( which can appeare to be nothing but your rough hands , and red soules with the bloud of the Martyrs of your owne making , ) * we should commend so farre as we act our selves your strugling aswell for the inheritance as primogeniture . But when we compare our professions or evidences , & finde our brethren to say that the benefactours and founders of these Ecclesiastike possessions were true Christians , though mistaken , we thinke , in many maters of doctrine and worship ; yours that that they were Members of Anti-Christ undoubted Idolaters and haeretikes ; Ours that the Churches which they endowed were Episcopal , such as we continue them or to our utmost endeavour it . From which you degenerate , schismaticallie separating , and arming your selves with all resolution & rage to demolish , ( beside what other advantage we may use of a nearer union & uniformitie in religion , more consonant to the minde of the doners , at least if such as your malice doth render it , litle thinking it may be to have it so unhapilie retorted in that which is the chiefe drift of all your rebelling and covenanting ) when we thinke of no other restitution but by the possessours consent , when it may be transferred to us by the same supreme hand that conserr'd it on them , out of which you no sooner get opportunitie and power but you violentlie ravish it ; calling Princes & nobles sacrilegious robbers while they over-power you and deteine it ; I beleeve all our Religious and prudent Nobilitie will unanimouslie grant our plea more just , our proceedings more moderate , & when God shall if ever , touch their consciences ( not we the skirt of their estates and livelihoods ) with an humble feare that such an inheritance with-held from such a Church , may be sacrilegious indeed ; with assurance that if it be so 't is sinfull ; they will not value their lands at so deare a rate , as to pay their soules for the purchase , but with courage & confidence in a blessing from God to be multiplied on their undevoted temporal possessions returne them to him ( the King I meane ) from whom they receiv'd them , and be beter content that Episcopal Christians then Presbyterian counterfeits should repossesse them . But if such of them as are not perswaded in conscience they are oblig'd to restore them upon the arguments we bring ( which would ne'r be convictive if our plea were no beter then yours ) shall adventure to leave the suit depending till the Court of heaven give final sentence upon it ; at their peril be it , the Praelates & their followers use no violence nor course of law here below to put them out of these their possessions , no threats but those against sacriledge in Scripture , fearing this may be such , no activitic but that of a swift charitie to catch . hold of their soules and snatch them out of the snare when they finde them devouring the bate , and to put them ante vota , before vowes upon making enquirie , or if post vota to retract them . Therefore such of the Nobilitie and Gentrie as were wakened hereby to take heed of their rights , were best have a care they slumber not in the wrong , and take Solomons counsel intended Prov. 16. 8. Beter is a litle with righteousnesse , then great revenues without right . But ( which requires the Readers advertence ) for you here to call those the rights of the Nobilitce and Gentrie , which so many Assemblies have declar'd to belong jure divino to the Church , which in your first booke of Discipline you tell them they had from theeves and murderers , and hold as unjust possessions , or indeed no possession before God ; which in your second you hold a detesiable sacriledge before God ; For you to twit the Praelates with violence & threats , who are bound in Iohn Knox's bond not onelie to withstand the mercilesse devourers of the Church patrimonie… but to seeke redresse at the hands of God & man ; That declare the same obligation upon you to root out of the Kingdome aswell the monster of sacriledge as that of Episcopacie , and so aswell the persons of most your Nobles as the Bishops ; For you to object a ●…ourse of law and activitie , who by incessant demands and praeter legal devices never gave over till the lawes that annexed lands to the crowne were repealed . For you to bragge of your last Parliament's con●…irmation of titles , because your last Assemblie power could not reach beyond the destruction of patronages ; What is this but apertlie Sucophantein & calophantein , to fawne & accuse , dissemble & destroy , flater your with mouth , while you spread a net for their feet and worke the ruine of their persons and estates ? If Noblemen once abase themselves to be Elders of every ordinarie Presbyterie , it 's not to be doubted but evey ordinarie Presbyter takes himselfe for their fellow if not their superiour , which they finde to their griefe , Therefore all or most respect that they give to their gracious Ministers , is alas a litle Court holy water cast on the flame of their zeale , a sacrifice made for their owne securitie from your ton●…ues and pennes , and from the armes of the people that serve you●… warrants oft times in tumults upon their persons , For the hon●…ur , on pay them they are faine , like wretches to morgage their conscience , those that doe not , gaine the honourable titles of Traytours of G●…d , are cashier'd your companie , and then passe for no 〈◊〉 honourable heathen , publicans and sinners . If they becom●… 〈◊〉 hmen between a single Presbyter and a Prince , when he 〈◊〉 with his I require you in my name &c. Before every charge , ( no very humble forme as I take it ) they ●…all be called abusers of the world , neutral livers a●… their pleasure , if not shedders of Scotch bloud . And some that draw on themselves their Prince's displeasure for a Rethorical libertie used in their behalfe , shall be pay'd for their paines with the honourable essay of men sold unto sin , enemies to God and all godlinesse , the L. Sempils reward which he had from Iohn Knox as this gratefull Presbyter hath registred in his storie . They that bridle the rage of their Princes , ( the phrase usd ) as occasion serves , will not sticke to halter the heads of their Nobles , if they will neither leade nor drive , but molest the progresse of their Presbyterian designes . Your Historical Vindication I hope is no new nam'd Logike , to prove negatives of fact ; your detraction from the credit of many irrefragable authours that Historize that insolent speach uttered by Bruce , lookes more like a calumnie then their relation to a fable . And yet such a superstitious reverence is payd by your fond brother Didoclave to the memorie of his name , that he could be content to pin his fayth on his sleeve , and hang his soul at his girdle . Anima me●… cumanima tua Bruci , si ex aliena ●…ide esset pendendum , and were there to be but one priviledge of aeternal residence in heaven he thinkes neither Patriach nor Prophet Apostle nor Martyr , no , nor the Virgin Mary her selfe were likelie to carie it from Bruce . Which compar'd with King Iames's opinion of him as a perfidious madman that had a whirligigge in his head , delivered after to many experiments of his rebellious zeale , and frantike restivenesse , is enough to condemne both saint and votarie to some bedlam purgatorie , before imposture can fixe , or facilitie of fancie finde these new imaginarie lights among the starres . Your following invective is writ with Arrius's quill , and by such scribling you gaine the title that Constantine gave him , patroctonos epi●…iceias , discovering your selfe to be a parricide of aequitie , murdering truth in your relation , and justice in your parallel . His Lordship takes himselfe not concern'd in this case to recollect 800. yeares Historie of Europe , to picke out of the pietie & humilitie of many Reverend Bishops the pride and passionate errours of some few ; No●… hath he malice enough , with you ; to make that the nature of their office which hath been some litle monstrositie of minde , by ill habits accidental to their persons . Beside , what among the Papists the nobiliti●… by birth of many Bishops concurring with the received dominion and large revenve of their Spiritual p●…aeferment ; may elevate their thoughts , and enhaunce their owne opinion of themselves , if impa●…donable , addes litle to the condemnation of ours , which partake in litle with them but their titles . The universal supremacie , which the Pope arrogates aswell over Kings as Bishops , may puffe up a litle Cardinal , that is neare him , in his purple , & possesse him with a conceit that he may Write himselfe companion to a King , whom he thinkes ( but is mistaken ) oblig'd , in Spiritual humilitie , to lie prostrate at his holinesse foot , and kisse his slippe●… . But the same Kings soveraigntie in Ecclesiastici●… at home secur'd him from all such con●…estation with his Bishops , Though , had it not , the argument from a Cardinal in Rome to a Praelate in England will hardli●… finde a topike . Those in Scotland take themselves as capable of honour conferr'd upon their order as their Popish praedecessours ; Nor are such legal establishments ( if not of right ) of Princelie favour to becast away in complement , Nor were they to make an unnecessarie distance out of forme , when the material meaning of their vicinitie to the throne , was the neare concernment of their counsel to the King. Orthodoxe Monarchs , as well as Papists , having doubting consciences , and orthodoxe Bishops as good abilities to resolve them . I have not heard they crowded much ; or quickened their pace to get the doore of the Earles &c. Their Provincial that with much humilitie and respect unto their H. H. tooke it , was lead to it by the hand that had exalted them or their progernitours . But for the reason of praecedence , which I guesse to be your meaning , you were best review the Heralds office and reforme it . Poor podants are not to be reproached for making a litle diocese of their Schooles ( Priests being charged to make such of their houses ) and from the experimental regiment of boyes raising their abilities , by honest endeavours , to the meriting an higher Episcopate of men ; Nor their conscientious demeanour in that office to be aesteemed the arroganci●… of their order , if it move Kings to commit the white staves to the crosiar , and great seales to be under the keyes of the Church . The most capricious of them all , and most contentious for the honour , ( which I thinke were none but such as did you too much service when they had it ) were many straines below your Presbyterie of Knoxes , Bruces&c . Who have contested with Kings for their Scepters , which with white staves and seales they brought under the pedantike jurisdiction of their rod. Never have Bishops so ru●…led it as many base borno Presbyters with the secret Counsel . To whose Consistories all Courts of Iustice were faine to doe homage & the greatest Lords of the land , become subordinate Elders to the parson of their parish . It 's not so long that yet it can be forgoten , since a most violent and malicious man call'd the Goodman of Earlstounne , a client of the E. Argile for interrupting of divine service , forceable overturning the Communion Table in his Parish Kirke , th●…eatning and abusing the Minister with many other such enormous crimes , was fined ( but the fine never exacted ) by the High Commission and confined for a season . The E. Argile complain'd of his hard us●…ge to the Lords of Counsell , and enformed against the Bishop of Galloway that he promised to him somewhat , which he had not perf●…rmed ; The Bishop denied the promise , & gainsayd what the Earle alledged , whereupon sayd the Earle , If you say so 't is as much as if I li●… . The Bishop modestlie replied , I doe not say so , but I beseech your Lp. to call your selfe beter to minde , & you will finde it as I say . This is giving the lie because he would not take it on himselfe , and ru●…ling with a great Lord , because he would not be ru●…led out of a just vindication of the truth , & yeild his consent that a Counsel Table should approve turning the communion table out of the Church . The Reviewers should doe well to bring in his accounts fuller , when he reckons with Bishops for braving of Noblemen . All Presbyterians are heterodoxe to all good Catholike Christians , with whom Episcopacie is so necessarie a truth , as next to the divine institution , Vniversalitie , Vbiquitie and perpetuitie can render it . Confingant tale aliquid haeretici … nihil promovebunt , Could your invention seigne such authoritie to Presbyterie , yet your doctrine would diversifie you into a sect . What the Bishops following words cleare , shall not one whit be clouded by any obscuritie in my replie , though the strongest eradiations that come from them would sinke themselves silentlie in the deep , playd you not the malignant Archimede ( though no such exact Mathematical Divine ) to reflect them into a flame that may set the ship of the Church on fire about our ear●…s some coales of this fire I shall heape on your head & cast backe into your bosome , which if you meane not to quench , you may blow up to what fa●…ther mischief you thinke good . The Apostles were Bishops , who did , undoubtedlie delegate the power of ordination to none but such as were constituted Bishops by them to that purpose . This power appeares not undoubtedlie to have been exerciz'd by any but Bishops in the Historie of the Scripture . This power was exerciz'd canonicallie by none but Bishops in the Historie of the Primitive Church According to the second canon of the Apostles . Presbyter ab uno Episcopo ordinetur , & Diaconus , & reliqui Cleri●…i . The laying on of hands of the Presbyterie , both in Scripture and Ecclesiastike storie was onelie for external forme , no intr●…secal power , the efficacie of the act being in the Bishops benediction , which I never finde attributed to the Priest. As in the third Canon of the fourth Councel of Carthage , Episcopo eum benedicente , nowhere benedicente Presbytero . Therefore your friend Didoclave is faine to acknowledge a great difference , Magnum discrimen , between St. Pauls imposition of hands and that , at the same time , of his Presbyterie ; whatsoever is mean'd by it . Nam per impos●…tionem mannum Apostolorum Deus conferebat charismata , non autem per impos●…ionem mannum Presbyterorum , distinguishing in the ordination of Timothie between dia & meta , the former relating to Saint Paul , the later to the assistent Priests . Which is another interpretation of the tex●… then you were pleas'd to make of it chapt . 8. So that I see the b●…ethren agree not upon the point . Succession through the lineal descent of Bispops from the Aposiles , a●…d ordination by the hands of Apostolical Bishops have been ever used as strong arguments to uphold Catholike Christians in a comfortable assurance of their Ministrie as lawfull . And haeretikes have been p●…essed by the ancient Fathers with the want of nothing more then these to justifie their profession . H●…c enim modo Eccl●…siae Apostolicae census suos deferunt , sayth Tertullian And Irenaeus before him joines the gifts of God required in the Ministrie , if he meanesnot the sacraments with the Apostolical cession of the Church . Vbi igitur charismata Domini posita sunt , ibi discere oportes veritatem , ●…pud qu●…s esi ea quae est ab Apostolis Ecclesiae successis &c. The Presbyterians praetending divine institution , must likewise prove such an uninterrupted succession , or evidence their new extraordinarie mission , otherwise they can minister litle comfort lesse assurance of their calling to be lawfull . The former they can not doe for Saint Hierom's time at least , who makes ordination a proprietie of the Bishops . Quid facit excepta ordinatione Episcopus quod Presbyter not facit ? where a friend of theirs failes them when he sayth , ad morem jusque si●…ae aetatis respexit . That he had respect to the custome & canon of his time . Nor can they doe it for above 200. yeares uncertaine storie after Christ , in which they have as litle light to shew their Presbyterie was in , as that Episcopacie was out , which they would faine perswade us to take upon their word dispensing with themselves for the use of unwritten tradition to so good a purpose . If they will pleade an extraordinarie mission , they should doe well to name the first messenger that brought the newes of their Euangel , and what miracle he wrought which might serve him for a leter of credence to us , who it may be otherwise , shall be no such superstitious admirers of his gifts or person . That therefore the orthodoxe Ministers must want the comfortable assurance of their undoubted ordination in the Ministrie , which words yet beare a much more moderate sense then that you give them viz. That they may very well know and be assured that their calling and ministrie is null , the distance being ( as I take it ) not so indivisible between the negation of one assurance to the position of the other . Such a malicious interpreter beares the image & may stand in Constantines opinion for the statue of him who is the father of calumnies , & cares not what p●…yson he casts to spot other mens names , & cracke their credits ta tesoiceias ita motetos deleteria apheidos proballon , as true of an Aërian as Arian . Your divination about the deleted words will succeed in some strange disoverie by and by . In the interim you set too sharpe an edge upon the doctrine of the Bishops friends , and doe act violence where it may be they intended not so much injurie as the ut most extremitie of justice , allthough they held the axe in their hand in Christian charitie disputing the sentence , not so hastie to execute it , ( or beyond it ) in the rigour , and cut off at one stroke the Clergie from their calling , and so many , ●…ay societies of Christians from the Church . Vntill 〈◊〉 meet with some particular more forward instances then I know of , I shall answer for them to the Churches of France , Holland , Zwitzerland and Germanie , as Pope Innocent writ to the first Councel at Toledo , about the ill custome of the Bishops ordination in Spaine That it 's very requisite somewhat should be peremptorilie determin'd according to the true primitive tradition might it be without the disturbance of so many Churches . For what is done , ita reprehendimus , ut propter numerum corrigendorum ea quae quoquo modo sacta●… sunt non in dubium vocemus , sed Dei potius dimittamus judicio . We so dislike it as not to startle so great a number of delinquents with our doubt , but referre the judgement to God who standeth in the congregation as well of Presbyters as Princes , and is a Iudge aswell among Ministers as Gods. The Sophisme of the Iesuits , because so popular , should have been refuted , or else not recited . allthough the ●…imilitude it brings runnes not upon all foure even with the doctrine of the Bishops prime friends . Some of whom I beleeve will acknowledge there may be resident many Members of the true Church , where are no true Sacraments , being well praepared to receive them when they may have a true Ministrie to dispense them . That one of the two Sacraments is true , though not * dulie administred , when , in case of necesstie , by lay hands , where is no true Minist●…e to doe it , which may consist with that of B. Ignatius if applied , to this purpose , Ouk exon esti choris tou episcopou oute baptizein , oute prospherein . Exon at most but illegitimating the outward visible act ; not nulling the inward invisible grace , That the other 's effectual , when had but in voto , if it can not in signo , through want of any or ( which is as bad ) a lawfull true Ministrie to make it . In the third clause I hope you will shake hands with the Iesuits and them . Where is no true ordination , there is no true ordinarie Ministrie , or lawfull Priesthood as His late Majestie call'd it . As for the fourth the Bishops friends , whatsoever they may , doe allay it thus . Where are no Bishops can be no comfortable assurance of a true ordination , And so in whatsoever reformed Countrey are no Bishops , being no true Apostolike ordination , no comfortable assurance is had of a true visible Church in the publike administration of the Sacraments , though they hope well the invisible Members have an invisible true Priesthood among them , or such an high Priest as being himselfe hol●…e , harmelessc &c is able to supplie what their Presbyters want , able to save them eis to panteles very completelie , and make intercession for them who sin in submission ( out of more good meaning then fayth ) to their discipline , who can give no comfortable assurance that Saint Pauls rod or St. Peters keyes everwere committed to their charge . Those of the Reformed , which I hope are not all , i●… any , that concurre , if you meane covenant , like your selves , under praetense of selfe praeservation ( being endangerd by nothing beyond the frequent ineffectual power of good advice , and plea of Apostolike example ) with ●…eigned words to make merchandize aswell of Bishops as Kings , and like the insolent Abaddons at Edenburgh and London , to assault their persons and then abolish their order , declare themselves such as Saint Peters false teachers or worse because more publike in bringing in damnable haeresies , denying the Lord ( at least in his Ministrie , which they call Anti-Christian ) and ( what they have allreadie in part ) bringing swift destruction upon themselves . Your officious informer that drew the curtaine & made the discoverie of what the Bishop deleted , had litle good maners , though , it may be , not so much malice as you in your uncharitable ( not so fortunate ) conjecture . A dangerous question being mistaken when called a true judgement , and doubting whether it be within the pale , not actuallie excluding all Reformed Ministres &c. out of the line of the Church . Remorse of conscience hath commonlie antecedent evidence of science , puting all out of question & doubt , without which the vanitie or pusillanimitie of repenting had been litle commendable , how condemnable soever had been the iniquitie of erring . What His Lordship left behind unscraped out , doth not shew his mind onelie , but the minde of all good Catholike , orthodox Christians . And why his feare to provoke should incline him more to delete the following expressions , then his care for their comfortable satisfaction had mov'd him to pen them , I know not . Nor need I be curious to enquire the reason of a line blotted in his booke more then if I had seen it expunged in his papers being not concerned to give account for more then was his pleasure to have publish'd . Though , were all the Protestant Churches ( what they are not ) as unconscionablie cruel to us as the Presbyterian Conventicle of the Scots , I see not why , in reference to the Religion we professe , it should be more unsafe why more unseasonable ( since they give , I hope , the same libertie they take ] out of a pious sollicitude to have a union of both , some what ambiguouslie to unchristen them , then they out of malice , to make an aeternal separation , very affirmativelie anti-Christen us in all the peevish pamphlets they put out . So that whether stands upon the more extreme pinacle of impudence & arrogance , the Praelate that doubts your being in a Church visible true for succession & Apostolike ordination , or the Presbyter that denie●… our being in any but what is visible false by a Satanical Priesthood & Antiapostolical investiture , let your aequitable comparers impartiallie decide . The Praelatical tenet is not to averre the Church of Rome , as she stands this day &c to be a Church most true , who praeferre that of their owne for a truer , and condemne many Canons in the Counsel of Trent . That they h ld she is true in respect of undoubted succession and Apostolike ordination ( our businesse now in dispute ) so much concernes them , as the truth of their owne derived from that Nor can you denie , what you so shamefullie dissemble , that in the retrograde line your last Priest ( for a last there must be , unlesse you have been Autóchthones or Autoráni ●…i rather , coaeternal with tho Priest that 's in heaven ) had his ordination , and you thereby succession from them ; and so both prove as Anti-Christian as ours . An easie way of salvation in the Romish Church , is no second tenet of the Praelates , who meet with her stumbling upon many errours in doctrine and worship , going somewhat about by Lymbus Patrum & Purgatorie , whereas we thinke if she walked with us , she might have a more easie & shorter journey to heaven . Yet withall knowing that the wayes of God are anexichniastoi not to be tracked and his judgements anexcreuneta not to be searched ; we dare not damne at adventure all that goe with her , ( no more then you can assure a ship to be sunke so soon as ever you lose sight of her saile , ) but leave the issue to him who is great in Counsel , and mightie in worke , whose eyes are open upon all the wayes of the sonnes of men , to give every one according to his wayes , and according to the fruit of his doings . The seperation from her , Which they hold to be needlesse is such as that which you fondlie make about copes and surplices , Church Musike and festivals & that came not in with the Counsel of Trent . That which is made upon higher points , ( though not yet , God be prays'd , in the highest of having one Lord , saying one Creed , using one baptisme in substance however different in ceremonic ) they impute to them who kept not their station in conformite to the Primitive Christians of the 5. or 6. first Centuries , with whom a reunion not onelie may , but ought to be much desired on just conditions , and that which is , continued , rather then the division made greater by our fruitlesse compliance with morose and humourous Reformers , whose preaching being not with entising words of mans wisdome , they tell us of aspirit , which can not be the same with Saint Pauls , because thereof they never gave us any demonstration , nor of any power but the sword . Could your bold praecedent priviledge or excuse me in comparing , judging , censuring or approving , the publike transactions of our Royal Soveraigne , I should with much modest & innocent freedome professe more justifiable , according to Christian Religion & prudence , His Majesties late graces and securities granted unto the returningconfederated Irish ; then any like future concession unto the persisting , covenanting Scots : They gratefullie accepting a limited toleration of their publike worshp to those of their owne division in that Countrey ; you endeavouring to extort an absolute injunction of yours in all His Majesties dominions , denying libertie of conscience , so litle as to his familie or person . They onelie craving in much humilitie , a freedome from being bound or obliged by oath to acknowledge the Ecclesiastike supremacie in the King , you arrogantlie binding by solemne league and covenant ( wherein so much is implied ) Him and us to attribute it to the Kirke . They renewing in the oath of allegeance their recognition of Royal right ; and swearing , without restriction , their defence of his person &c to the uttermost of their power , you by proclamation admitting him to the exercise of his power , but in order to the Covenant , And covenanting his defense no otherwise then in the desense of ( what you call ) the true religion & liberties of the Kingdomes . They subjoining in that oath their best endeavour to disclose to His Majestie &c all treasons and traitourous conspiracies &c. You having not a syllable to that effect in your covenant , lest you should be obliged to betray your selves , who are resolved to continue principals in such practices against him and his Royal familie to the last , They charitablie forgeting all revenge against any of His Majesties partie that had fought against their confoederacie ; you cruellie combining , expresselie to bring to publike triall all such as had been any way instrumental opposers of your Covenant . They embracing in the armes of Christian communion , their quondam enemies , now fellow subjects of a different religion , you baselie butchering them with unexemplified crueltie 1. with your material sword , axe , or halter in their bodies , your civile in their estates , your spirituall ( what may be by your excommunication ) in their soules . The aggravations you bring against His Majesties agreementare , First , That it was with persons so bloudie which as it can not be wholelie excused in them , so ought it of all men least to be objected by you , whose religion hath passed from the Castle of Saint Andrewes to the House at Westminster in a red sea path , made for you neither by Moses's rod , nor Eliah's mantle : under the conduct of no civile , no prophetical power , fenced on both sides with bloud of different complexions , the bloud of Popish and orthodoxe Praelates , the bloud of Princes addicted to several Religions , So that God doubtlesse will have a controversic with you , who as the Prophet Hose speakes , by swearing and lying have broke out into rebellim , and bloud toucheth bloud . The bloud of the Cardinal hath touched the bloud of the Arch-Bishop . The bloud of Queen Mary the bloud of King Charles , and more then that , which you may heare of otherwhere Touching the crueltie of the Irish I remit you to what our Royal Martyr hath writ with much Christian indifference . Ch. 12. of E●… : Buo●… . where you may take notice principallie of these clauses . I would to God the I●…ish had nothing to alledge for their imitation against those whose blame must neede●… be the greater by how much protestant principles are more against all rebellimagainst Princes then those of Papists … I beleeve it will at last appeare that they who first began to embroyle my other Kingdomes ( and who , 〈◊〉 pray you were they ) are in great part guiltie , if not of the first leting out . Yet , of the not timelie stopping those horr'd , essusions of bloud in Irland . To omit what ●…is Majestie intimated before , That their oppressive feares rather then their malice engaged them , and you know how profuse you are of bloud when you treate of the doctrine of selfe praeservation . Secondlie , you are troubled at the full libertie of Religion he granted them , which if you er saw the articles , extended no farther them the remission of poenal statutes . not to the restitution of Churches & Church Livings , but what they had then in possession , not to any jurisdiction but what they exerciz'd at that time , for which an expresse caution was taken in the very first article of the treatie . And in the last but one their Regular Clergie were restrain'd to their pensions , and confind to the praecincts of their Abb●…ys and Monasteries , which are explain'd to be within the Walls Mures , and ancient fences of the same . No charitable benefactour having libertie to exercize one maine point of their Religion , by laying a foot of land unto their Convents . But had it been as full as you f●…ncie i●… ( because you make your owne case many times the same with that of your brethren abroad ) I pray directlie answer me , Why a Papist may not have as free libertie as a Iew ? And Whether , according to your conscience be more Anti●…Christian a Cloyster or a Synagogue ? Thirdlie , You object the Armes , Castles , and prime places of trust in the state he put in their hands . Whereas if the case were politicallie disputed , Whether the Militia were safer in the hands of Papists or Presbyterians . I beleeve the former would carie it upon the greater securitie ( though not generallie the greatest ) they give in their principles , and the greater experimentall assurance in many places of trust they have often rendred Princes in their discharge . And had the prime Castle and place of Trust in that Kingdome been theirs , and no armes nor command in the Armie been the others ( a tolerablee freedome of religion being granted them ) it is not improbable that Noble Marquesse last yeare had either not been forc'd to hazard a siege for his reentrance , or at least not betrayd into an inevitable unhapie necessitie of retreat , What they demanded , or had the 9. Article of agreement will informe you . That upon the distribution , conferring , and disposing of the places of command honour profit ! and trust … no difference should be made between them and other his Majestie subjects . ( Here 's no exception against Malignants nor persons disafected to the cause ) but that such distribution should be made with aequal indifferencie , according to their respective merits and abiliues . By which qualification all disloyal demeriting persons are made obnoxious to a just exception at any time . Those that continued in possession of His Majesties Cities , Garrisons & within their quarters are to be commanded , ruled and governed in chiefe upon occasion of necessitie , as to the Martial and militaire affaires , by such as His Majestie or his chiefe Governer , or Governers of that Kingdome for the time being should appoint . And where any garrison &c. might be endangerd by restoring to their possessions & estates the Litizens , freemen , Burgesses , & former inhabitans , they were not to be admitted , but allowed a valuable , annual rent for the same , as in the 7. Article was provided touching those of Corke , Youghall , and Dungarvan . Finallie in all that ag●…eement no condition is found , That His Majestie or His Lieutenant should be governed by a Popish Parliament at Dublin when it might be in Civile , nor by a Clerical councel or Assemblie at Kilkennie in Ecclesiastical affaires . Fourthlie , That the King gave assurance , of his endeavour to get the articles ratisied in the next Parliament of England , was to ratifie at praesent their confidence in him , for which he can not be blamed , unlesse you would have Kings sport like boyes with changeable knots in their treaties or ( what you scornefullie charge them all with when you thinke on 't ) like children play at checkstone with their promises and oathes . That His Majestie did this of himselfe , is false , if mean'd exclusive of his Councel . That he did it without a Parliament , which he could not have , and before it , which his urgent necessities could not stay for , is justifiable by that law which will never pleade for your pardon . Salus populi suprema lex . Nor is that currant law contraire to any standing law in such an exigence as his unlesse there be one ( as there is none ) that injoines him to follow the misfortune of his father , to let the Presbyterians binde his hands from laying hold upon any advantageous assistance from the Papists , till his head be cut off by your bloudie Executioners the Independents . Therefore whatsoever passed in this agreement , if perswaded by the gracious partie , no faction , of the Praelates , they exonerated their conscience , if opposed by them , they were no antagonists to their dutie ; if with moderation and patience heard , their passionate zeale did not so transport them as to reject salvation from God , when he gives it by the hand of Papists unto their-King . Who thinke it neither loyaltie nor prudence rather to deliver him up to the hazard , if not assurance , of the axe , then he should by such meanes be delivered from the perill of the sword . The Kings inclination toward covenanting protestants hath never hithe●…to made such an uglie appearance as to scare them in a dreame or a waken their art & industrie in a furi●… . Nor have you heard , I beleeve , His Majestie complaine that his sleep was broake by their midnight disswasions . If in sermons by daylight they layd before him the mischiefes that lurke in your Covenant they did but bring him a message from his Fathers Ghost who it , may be heard the low'd cries of those tongues that had toke it , as he passed from the skaffold to Ahrahan●…s bosome . Or were sent from some other Ancients that were dead to tell him more truth then he ever will heare from the Scotish Interpreters of Moses and the Prophets . That temporal death with any misfortune ought much rather to be embraced then the losse of his soul in the hell of the Covenant they could not beate too often in His Majesties head , unlesse they infalliblie knew his Martyr'd Fathers instructions to be engraven with the point of a diamon'd , or unchangeablie set as a seale on his heart . And where as our Saviour assures him the whole world can be no proportionable profit for that damage mention'd in the 16. S. Matth. the ruine of his three Kingdomes need never be grudged in so good an exchange as he afterward speakes of . Though His Majesties conscience ( or such of his Councel as look'd well about them ) could not hitherto tell him he hath been by any necessitie tempted to one of those two immediate extremities , between which providence ever maintain'd a visible passe ( it may be none of the easiest ) nor ought is it but sloth and Athiesme ( except some treason may be in the composition ) that would scare him with fancies of prodigious monsters , worse then Solomons lion in that way . Your forsooth , with a seigned lispe and a courtesie , will winne your Mistresse ( the Covenant ) no favour in wisemens eyes , who can not be catch'd with such red and white painting and patches as where with you so often praesent her . Since their deare bought experience hath tought them that her crowne of pride can as litle brooke a societie with the Goddesse Regalitie , as Prelacie . Nor doth she oblige in sense , how faire soever she speakes , her takers to lesse in their station , then to the abolition of them both . If I conceiv'd my selfe in danger , instead of answering , I would cut out your next paragraph and weare it for an amulet or special guard against magical enchantments , having read that things most rediculous or filthie are the best securitie that can be in such cases . That you should appeale to Reason & Experience for your Iudges of Presbyteries praeeminence before Episcopacie in learning , honour & wealth , who stand selfe condemn'd by the frequent invectives you with your partisans make against the vaine philosophie , which is the sciential learning , of Prelatical preachers , against the dignities of Praebendaries , Archdeacons &c. Against pluralitie of their livings , which doubles their revenues , is as if you were practizing with your pencil upon the first verse in Horace ; Poetrie , rather then disputing by your pen in divinitie or Logike with the Bishop . The Severest of your Trial before ordination is about cutting to the root some Hebrew word , and corrupting it in the sense ; graffing some yong vowel upon an hopefull stocke , or in oculating with a pricke to make it bring forth fruit pleasing to your tast , though , in all likelihoo'd , never intended by the Holy Spirit that planted it in the Bible . Your all sort of learning here , called gifts utterance and knowledge in your first booke of discipline , were it not reduced , as it is in your liturgie , to tatling halfe an houre beside a text , would put his Lay , if not his Clerical , Iudges to a nonplus when they were to give their verdut of his parts : And though here you talke of disputations upon controverted heads , and there of the chief points of controversie betwixt you and the Papists , Anabaptists , Arrians &c. We know what discouragements you give your yong students about looking into Schole Divinitie , the most authentike Ecclesiastical Historie , and Fathers , without which they are proper champions for such an encounter . It is not Davids sling , but in Davids hand , and with Davids God to guide the stone which goes out of 't that , without other weapons , can make these Goliaths fall upon their saces to the earth . Our trial is personnallie by the Bishop or his Archdeacon , unlesse in his absence some other learned Minister be appointed . We have nothing to doe with lay Elders nor people in the examen , who have no interest by the Catholike canon in the election . Peri tou me tois ocklois epitrepein tas eclogas poiersthai toon mellontoon Cathisasthai cis hieratcion is the 117. by Iustells account . Our practice is seldome so remisse as yours , if our rule be more , it may be imputed to the necessitie of that time , when learned men , I meane reformed , did not swarme in a number aequal to the cures to be served . Against which what you argue in your owne case 1. Book : Discipl . may be replied to as in ours . 1. That the Bishop His Deane , and Canons , or Cathedral Clergie , may supplie the imperfections of others in his Diocese ( for if the lacke of ablemen be real , your streight and sharpe examination may disparage by discovering the infirmities , not one whit enable your Proponents or expectants for their duties ) 2. The raritc among the Gentiles in the begining of the Gospell was recompensed with the extraordinaire diversitie of gifts . 3. Vnpreaching Ministers are no idols , having eares to heare what the Church praescribes and mouthes to utter , as her prayers for , so her wholesome doctrine unto the people . But what , I can not passe by since it meetes me in the way . That efficacie of the Sacraments , aswell as power of the word , which you call of exhortation , should be limited to the abilities of the Minister . And as the Papists directlie , so we by inference , be disabled in both , I thinke will helpe you to a share in the Iesuits Sophisme , whereof we latclie discoursed , and set you upon the pinacle of arrogance and impudence , who hereby unchurch the greatest part of Christians , and contract this Soveraigne excellencie to your selves . Your Latin disputations when they come by course among the ignorant or yonger frie of your Ministrie , doe but multiplie haeresies , & make them now and then , in their heate , blaspheme God more learnedlie then in their weeklie exercizes and Sermons . As occasion shall serve , I may helpe you hereafter to more instances then one of the like practice among some of your brethren abroad , where every beardlesse boy ( for with such your Presbyterie every where abounds ) hath libertie to talke ( for I can not call 't disputing ) upon the highest mysteries the Trinitie , Praedestination &c. As considentlie , to the shame of your religion , as the gravest Doctour can determine in the chaire . What of this may be tolerable among the learned , super rotam materiam , Is litle beter then a forme , and litle decencie in that , which approves not much , improves lesse the abilities of the longest liver among you all . Our aequivalent to this ( let it be what it will ) in our Archdeacons Visitation , your friend Didoclaves turnes off with a jeer , making as if the abilities of our Ministrie were inquir'd into after they were constituted leaders of the flocke . Primum cre●…tur du●…ores gregis , deinde siunt discipuli , where as it is principallie to discerne the advancement by studie of what abilities they had at their ordination , whereby the election of rural Deanes may be regulated , & persons know'n that are enriched by gifts befitting them to be Bishops . Your experience shall not draw me into an unnecessarie comparison between our English Clergie and the French or Dutch Divines , whose ordination , you are not ignorant , hath been impeached by their adversaries ( whether deservedlie or no they are to looke to ) and their abilities resolv'd just like yours , into an effusive readinesse of words . But I bid defiance to you and your Countreymen of the Discipline , to shew me among you all , a Law'd , an Andrewee , a Montague , a White , to whom the English you name must give the guerdon of learning ( which I bele●…ve Reynolds caried not at Hampton Court Conference ) unlesse Perkins had more in his Chaine of p●…aedestination , or Parker in his silie Arraignment of the Crosse. But how solide and singular soever was their learning , their defection from the doctrines and practical praecedents of so many yeares standing among Catholike Christians makes their fayth in many things , and their good parts comparitivelie in all , but as chaffe to be blow'n away with the winde , and the memoire of them to be winowed by our breath that the truer graine may be visible in Gods Church . Avolent quantum volent pallea levis fidei quo●…unque . Assltu tentationum , eopurio●… mass a frumenti in horrea Domini reponetur . It 's well your conscience can be enlarged in some litle charitie towards any of our Bishops , though we may be justlie jealous of this kindnesse , & feare ( if we hear'd their names ) it may be placed upon persons inclined to your interest , rather then commended to your good opinion by their m●…rit . But whoso'er they be you meane , we know you never prike any in the list of the learned but the best read men in Synopis's and systems in Common place bookes , and Centurists , or general lie in your select Reformed Fathers , whom , in a fallacie , often times you perswade your Disciples to be the more proper men because standing ( you tell them ) upon the shoulders of the ancients , when , if set on even ground , the longest arme they can make in true learning and eloquence , will not reach halfe way up to their girdles . But to proceed in some answer to your quaestion . The Warner therefore speakes to you of ignorance , because your Presbyteri●… parts with the greatest incentives and encouragements of studie ; Therefore of contempt , because it quits those dignities which give praecedence to their persons , and draw reverence to their function ; Therefore of beggerie , because it diverts the Ecclestastical revenue , and makes you but stipendiaries of the people . Of this very conciselie , yet fullie hath his late Majestie admonish'd you Chapt. 17. of E●…x : Bu●… . He that surveyes impartiallie the multitude of good Livings and other Clerical praeferments in England which might serve as a supplement to the bad , will finde litle reason for any , none at all for the greatest part of our Priests I meane those that had a title , that were eidi●… cheirotonoumenoi ( as it is Can. 6. Concil . Chalced ) to be begarlie & contemptible for their want , especiallie since those Pluralists , you confesse were searce one of twentie that lived in splendour at Court●… or were Nonresident in the Countrey . Such as were apolelymenoos ordinat , ordained at large , without title to any benefice or cure , the Bishop was charged with them till provided for . And they that complained of their povertie had no cause , there being as you tell us , such plentie in his palace . The ignorance of our Clergie ( which it may be was not incomparable if we bring yours into the light ) was never greater then when Calvin and Knox had some heires and successours that crept into the praelacie , degenerating from the austeritie of their Fathers , who because they lov'd not the office , never mean'd to discharge it . Yet could dispense in their conscience with the title & lawne sleeves into the bargain , that under them they might take the revenues of our Bishops●… But when and where we had Austins and Chriso●… , Lawds and Andrews's never cloud was dispelld with the rising sun , so as ignorance at their asscent in the Ep●…scopate of our Church . And they that heard not of the great studie in these Pr●…lates to remedie the evils , brought in by the other , are such as Zecharie speakes of that imagine evil against their brother their heart , refusing to hear●…en , and pulling away the shoulder , and stopping the eare that they should not heare , and making their hearts as an adam●… that they may not &c. Those some that were most provident , you meane ( I thinke ) most penurious in their families , were those I told you of that made a trade of ●…ieir proeferinents , and would dispense with any thing among the putitans but their purfes . Such as those soms other that I named , as they were apter to teach , so were they know'n to be of beter behaviour and given to hosp●…a litie , the requifites of a Bishop and accomplishments of ours , whose parsimonie or providence for hu samilie was not that which advanced him a sumine to make a purchase . If the su●…plusage of his ●…evenue could doe it in a cheape and plentifull Countrey , J know not who have beter title to it then his heire . Though as I am informed , where I may trust ( meeting with a profess'd enmitie against his office , whatsoever reserve of kindnesse was for his person . ) This great purchase , you meane , was the recoverie of lands sacrilegiouslie taken and deteined from the Church , in the purs●… whereof , as he spared no endeavour , so it should seem he was well rewarded with successe . Allthough prating and praying non sense in the Church may well passe for a paraphrase on that which the preacher calls the sacrifice of fooles , Yet I wish that were the worst which Presbyterie brings when she sets her foot in the House of God , and not another * of bewitching rebell●… mention'd by Samuel , or treacherous . K. K , which the prophet Habakkuk calls Sacrisicium sagenae , the sacrifice to the net or drag , making men as the fisher of the sea , as the creeping things that have no ●…uler over them 1. Habak . 14. In whose praying or preaching ( whereof doubtlesse we had the quintessence sent us by the Reviewer and his brethren ●…f the m●…ssion ) what knowledge there is beside that conning of texts of the Concordance helpt them to ; What labour but of the lips and the lungs , neither mater nor method requiring their studi●… ; What conscience , when no doctrine was proved but by Scripture wrested , I am sure not to the salvation of the hearer , & I feare to somewhat worse of the speaker , I leave to the testimonie of any knowing , attentive , ingenuous person that at any time was there . And for my selfe , that was sometime seting aside all animositie and praejudice , I will in the word of P●…iest professe that I found none . But what else in the place of it is best know'n to God and my conscience , and letit be to the world to be that which makes me tremble to thinke of their danger that shall adventure their soules in the botome of such hypocrisie and ●…gnorance . To the calumnies which this railing Rabshekal casts on our Church , I answer 1. That a read service was all the exerciz●… of few , and why it may not be of some , aswell as a read chapter & Psalme is of many where the Discipline takes place I know not . Since care is taken that where they reade no necessatie preaching is wanting . Since none that are not in orders may reade it the office of prayer in the Congregation being as much a Clerical p●…oprietie as the ordinance of preaching . Since all that are have thereby no commission to goe preach in your sense ; and why they may not goe p●…ay & administer the Sacrements , con●…erring with and catechizing the ignorant according to their talent I see no reason . Ite & praedicate sending not all the Disciple●… up into a pulp it to make an houre or two's continued discourse . Nor had Nations ever been converted , nor Christians improv'd and confirmed , if praedicate had been no otherwise order'd , not one of an hundred having abilities to draw arguments out of sermons convictive of their judgements , nor all Presbyterians so good Logicians as to frame them . And he that yeilds himselfe up to be caried with the streame of their words & wind of their fancies , may ●…ave as many changes in fayth as their are points different in Christianities compasse , being like a child Clydoni●…omenos & peripheromenos , as St. Paul speakes , tossed to and sro , and caried about … , by the sl●…ight of men … who are many that lie in wait to deceive him . Secondlie , Your first Reformers made the same use of Readers as we doe of un preaching Ministers , and continued them as long as necessitie required , nor shall we any longer , if you can furnish us with as many learned preachers as we have pulpits , & them with stipends where are not tithes but impropriate proportionable to their abilities and paines . To the Churches where no Ministers can be had praesentlie must be appointed the most apt men that distinctlie can reade the Common prayers and the Scripture●… sayth your first Book . Disc. It was the late labour of no Praelates of ours 〈◊〉 disgrace prca●…hing without booke , who ever respected and cherished men whose praesence of minde and memoire served them to deliver gravelie and readilie what they had at leisure deliberated on , and for the true benefit of their hearers digested into the clearest method , and a dorned with selected significant language before they came into the pulpit . Those who having taken that paines yet wanted the other abilitie not in their power , or some litle confidence to command it in publike , they were at least to excuse , and condemne such itching eares as would hearken unto no sound doctrine but when taught after their lusts and luxurious desires , more for their pleasure then their use . That they disparaged those of your tribe was no wonder , who like your selfe ( that goe for one of the best ) consulted litle before hand with their bookes or thoughts , onelie wh●…t their tongues like their knives for a meale , with which so they cut out bread for them selves , they car'd not what contemptible fragments they cast among the people . Of their best kinde of speaking We may say as Seneca of one not much unlike it . Hae●… popularis [ oratio ] 〈◊〉 veri , movere ●…bam , & inconsultas aures impe●… rapcre , tractanda●…se non praebet auser●…ur … multum haebet manitate●… & vani plus sonat quam vales . It hath a great deale os vanitie and emptinesse in it , more sound then substance , you may reade the whole epistle , and learne I 'll warrant you to preach better by it if you afslect it . For praying without booke ( all though without a command it may be indifferent , & you can bring no more for it then for praysing and you sing not all without booke as I remember ) they thought best a conformitie with Catholike Christians , whose liturgies were ever read in thei●… Churches , and that I guesse ( besides some decencie it seemes to carie with it ) because they had great varietie of prayers in the exhibition of which a constant order was to be observed , between and in them some varietie of gesture and ceremonious worship , for direction in which they thought humane infirmitie , subject to mistakes , might have cause some times to consult by a glance the rubrikes every where inserted . As for you that have naught else to doe but to turne over the tip of your tongue what comes next in your head and up the white of your eyes , as if the balls were run in to looke after the extravagant conceptions of your braines a booke 's of no use , though I wish we had one of all the profane and vaine babling amongst you , that we might make such unskillfull workemen asnamed ; and shew our selves approved aswell to the world as to God. The Praelates never cried up our Li●…urgie as the onelie service of God. Who thinke him serv'd in some other Churches that have it not . Their opinion of it as a most heavenlie and divine piece of writ , doth those holie men that comp●…ld it but the same justice which a beter comparison will then yours of it with the Breviarie and Missal of Rome . Your paines had not been lost in a parallel of it with the solemne services disspersed in many parts of the Bible ; with the Greeke and Latin Liturgies where they are not interlin'd or corrupted with any superstition or idolatrie of Rome . That you have made doth but magnisie her and oblige you , had you any Christian charitie or justice , to thanke God for praeserving so much of his word & worship in her service what the Bishop intends when effected , will warrant our Church , upon your principles , in most parts of her L●…turgie ; when shewed consonant to the most publike sormes of Protestant Churches , though 't is hard for Fathers to aske advice or borrow authoritie of their children , & for Ancients to heare wherein Iob was mistaken . That with the yong men is wisdome and with the shortnesse of dayes understanding . The King and the many well minded men , I beleeve were never deceived by our Doctours , who I can not thinke ever affirmed they were as much f●…r preaching in their practice and opinion as the Presbyterians . So much as to set aside praying for sermonizing as your 〈◊〉 . Booke Discipline doth , telling us . That what day the publike sermon is they could neither require nor greatlie approve that the Common prayers be publikeli●… used . I require the name of any that sayd the life and soul of the Liturgie was preaching , without which it could not be intire in its parts : That he must never goe in and out of the , House of God without ringing his bells ( a fit alussion ) the nord of exhortation Interpratation and praeferring the nams given the Temple by some of the ●…ewes Domus expositionis , before that by God Domus Orationis . Though it may have been the fruitlesse practice of some , to quit themselves , as they hop'd , of the disreputation you brought them as ignorant and lazi●… , to preach somewhat more often then formerlie , till they found their ringing the bells was to scare the people from Church , and doubling their paines reform'd not their opinions nor reduc'd them to their duties . They that prayed without booke before and after their sermons came not up to the Presbyterians opinion , that it is a childish thing to doe otherwise . Nor to their practice , To bawlke the first and second service of the Church . What they either assirmed or did in this kinde might bemore to shew your gr●…sse ●…ifsimulation at all times ; in making if such a difficult businesse to talke then to personate their owne in this of their affliction , which , when you have brought them to the lowest , shall never seduce them so to decline the en●…ie of the people , as by profaning the House of God , sooth them in their e●…rour , styling those aivine ordinances which in your maner or frequencie of use ( being both without praecept ) are but humane Canons and Acts , and for most part in the mater consist of strise , s●…ditions , and haeresies , the workes of the ●…lesh , or the Divel that dictates them . So that you may see , if your eyes be not full of somewhat else while you are sp●…rting yourselves with your owne deceivings , their tenet remaines the same that it w●… , and themselves readie enough in this season , as unfi●… as you thinke it , to ring as low'd a●… you will in the eares of the world , That for Divine service in publike , people need no more but the r●…oding of the Liturgie . Which is beter furnish'd with pious petitions , occurring to all visible necessiti●…s ( and for others emergent the Church keepes a reserve , and in due time ever affords a recruit ) then any set or extemporarie prayer that er came out of Presbyters mouth . 2. Sermons on weeke dayes ( if not festivals , wheron a commemoration of Saints d●…parted is necessarie for Historical instruction , and for imitation exemplarie ) ma●… belayd aside by Christians that have no more time to spare from their honest callings then they ought to spend in the application and practice of what they heard on the Sunday ; in meditation upon God , his attributes and workes &c in the serious examination of their lives , and very particular s●…rutinie of their actions , secret , publike , good , bad , indifferent or mixt , in sorting or parselling their sinnes of mission , commission , weaknesse praesumption and in private repenting , weeping , praying , praysing , In conferring closelie with holie men , chieflie their Priest and pastour of their soules , laying open before him their doubts , distractions infirmities & perverse inclinations & Invisiting the sicke , strengthning the weake ; considering the poore and placing charitie with prudence ; condoling with and comforting the afflicted ; Composing controversies , reconciling differences , designing and enterprising Heroicke exploits for the just advancement and honour of the King , and publike advantage of Countrey , Citie or Parish whereof they are Members Finallie , acting all ( of which these are not halfe ) that concernes them in their publike and private capacitie . And when all is done , not before , in what leisure's redundand , let them in Gods name , call for a weeklie or daylie sermon , and ( where the Priest hath discharg'd as much more of his dutie , and findes in himselfe abilities to compose such an one as with confidence or rather conscience he can speake it ) let them have it . 3. That Sundayes afternoon Sermon is well exchanged for catechizing children , instructing them in their principles of Religion and acquainting them with the doctrine and discipline of the Church , to which they ought to adhaere when they come to their choyce at yeares of discretion which is the custome of some Presbyterian Churches abroad and either hath or should have been tong since of the Scots . 1. Book : Disc : Before noon must the word be preached and Sacraments ministred , and afternoon must the yong children be publikelie examined in their Catechisme in the audience of the people . 4. That on the Sunday before noon sermon is very convenient ( abuses being redressed ) and must be while and where enjoined . Yet in Nations converted to Christianitie by the preaching of the Apostles or Apostolical men , and so fullie confirmed as no reasonable feare may be of their apostacie , since the infallible spirit is not cooperative with all , if with any , and where , as among the Presbyterians , the noxious spirit of delusion in the mouthes of very many preachers , it 's farre from being necessaire to salvation , that care must be had lest it bring damnation to the hearers . 5. That where some learned Scholars , or honest industrious Ministers , not at pleasure , but publike appointment , on festivals dayes make a sermon , or have an oration ( for litle difference need be about the name , and it may be 't were beter to have lesse in the thing ) it would be short , not exceeding an houre , according to the Court paterne , which is likelie to be the best in the Kingdome , and for the most part hath come nearest the most approved example of the primitive Fathers , as may be seen by their sermons and homilies that are exstant . And it should seem Presbyterie , aswell as Episcopacie , hath found some inconvenience in Sermons that were longer which produced the 34. Canon in the Provincial Synod at Do●…t 1574. Ministri 〈◊〉 anim●… lo●…gis conci●… , quas ultra horam non extendent . 6. That spirit and life for adification , since extraordinarie super infusions were rare , have been heretofore attributed to such discourses principallie wherein the Canon of Scripture hath been interpreted by no private enthusiasme , no partial addiction to one mans opinion how eminent soever for his gifts or good life , but by the Catholike tradition of the Church , that is the consent of most holie men in it throughout all ages and places as much danger having been from the Iewes ( & may be now from Iudaizing Scots ) by bad gloffes , as from haeretical Christians by Rhetorical discourses on Scripture euglo●…ttias…But what spirit or life hath been found in flat lectures consisting of noncohaerencies , haesitancies , tautologies &c ( notwithstanding all the gapings and groanes or other aretifices used to put them ofs for divine ex●…tasies and raptures ) let them speake that were aedified , which I was not , I assure you , by What I heard from you and the brethren that brought the Scotish Euangel to us in this Countrey . 7. Though the Canon bestrict , the practice was not , so much as at Court , for bidding prayer before ( for after Sermon that for Christs holie Catholike Church and the Collects appointed , are not such , if you remember ) some it may be knowing his Majesties minde , which now i●… published , That he was not against a grave , modest , discrect and humble use of Ministers gifts even in publike…the beter to fit and excite their owne and the peoples affections to the praesent occasions . Those that toke themselves obliged to keep to the leter of the rule were satisfied aswell in the reason as lawfullnesse of the command . Being therefore well assured that the Lords prayer is , as the Fathers call it , oratis legitima , a complete prayer comprehending the summe of what petitions soever were fit to be praesented to the Father , ( which none knew beter then the Sonne ) That the people might be inform'd what at such a time they are to aske , and what , asking in fayth , they might hope to receive , ! the Minister commands them in the name of that particular Church to which they are to submit in all publike duties or so renounce her communion , to pray for her after Christs holic Catholike Church , for the King and his Royal famili●… His Councel , all inserious Magistrates &c. And because after the L●…tanie and so many several prayers relating differentlie to those particulars he mentions , it is neither necessarie , nor convenient at all , to doubte the time in repeting or paralleling the formes 〈◊〉 he calls upon them to joine with him in that short prayer which very effectuallie comprizeth all can be asked , saying Our Father &c. But as touching the Church ; limitation of us to the Pater noster before , & her approving the Gloria patri &c after the sermon , I see no more in it , then in the 33. Canon of that Councel of Dort which I even now mentioned Praying for the welfare of soules departed ( a controversie yet depending between Protestants and Papists ) hath ever impudentlie and falselie been attributed to that Canon on purpose to delude poor people so rashlie opinionated of their Presbyters that told them so , as they thought it derogatorie to their credit to search the truth ; Or so grosselie ignorant as unable to distinguish between praying God for the welfare of , and praising him for the exemplarie lives of and the heavenlie reward conferr'd on the soules of the Saints departed . Wherein nothing need be argued when those of a seeptical conscience will not be convinc'd , and those that are praejudic'd will not be reform'd , & to such no more is to be sayd , but si decipi volunt decipiantur . For private prayer , if personal , the Praelates never hitherto praescribed any forme , leaving people to themselves who are private to their owne wants , and to the direction , not injunction , of their Priest. But if congregational , though but in Parlour or Closet , no colour can be brought why an house should confute a Cathedral , or extemporarie non sense take place of the ancient and well advised prayers of Holie Church . You can not be more loth to confesse then I am hard to beleeve that you ever were guiltie of more conformitie to ancient Christians in your publike worship then opinions ; Yet when I consider what establishment our Religion received in Queen Elizabeths reigne , & what advancement your schisme unhapilie had by her misse placed assistance , I can not satisfie my selfe how in policie or conscience a Princesse so fam'd for devotion and wisdome could professe and prosecute such seeming contradictions , and without some humane assurance of your conjunction with her so liberallie contribute toward your praetended reformation to the utter demolition of her owne . Therefore upon good enquirie , I am faine to lay my dissidence aside , and have where withall to confirme the Warner in his beleefe , discovering first your negative Remonstrances and renunciations of Rome coincident with ( though more violent and particular then ) ours ; Your superintendents aequivalent to our Bishops ; And which as all in all , upon Buchanans record , your subscription to a communitie with us aswell in Ecclesiastike as Civile affaires . This your Maintainer of the Sanctuarie tells us was done in the yeare 1●…60 . in the infancie , or before it rather , in the first conception of your Discipline . Yea , two yeares before that not long after your Lords and Barons professing Christ Iesus had subscribed your first Covenant in Scotland , they convene in Counsel , conclude on several heads whereof this is the first . ●…t is thought expedient , advised and ordained , That in all pari●…hes of this Realme the Common prayer be read weeklie on Sunday , and other Festival dayes publikelie in the parish Churches &c. In the first oration & petition of the Protestants of Scotland to their Queen Regent this was the first demand… That they might meet publikelie or privatelie to their Common prayers in their vulgar tongue . And that this may not be set to the account of your Temporal Lords , or some imperfect Members of your Clergie , because I. Knox your Holie head was at this time disjointed from that sanctified bodie , the same care is afterward taken for Kirkes in your booke of Discipline it selfe without any intimation of your purpose to tolerate it onclie for helpe and direction , being a forme praescribed , as liable to the peoples superstition as ours , otherwise then as you approved the omission of it on publike sermon dayes . And your Maintainer sayth , without doubt it was the very booke of England . Your Church having none of her owne a long time . I would not have you mistaken , no more then you would have the Bishop , whom you so carefullie informe ( I feare against your conscience ) as if I imputed this to you for any more then a politike compliance , to effect your owne ends by Q. Elizabeths armes , which being in a good part accomplished you altered your Liturgie both in substance and use , changed our prayers for worse , and those you neither injoined by law , nor supported by the generalitie of your practice . Thus from petitioning forCommon prayer to your Queen you came about at length to condemning it among your selves . This for the Historie of your hypocritical conformitie with us to worke your owne designe , and inexcusable defection from us when that was done . Touching your feigned approbation of set formes for rules , and for use in beginners , I am to aske you 1. What institutions their can befor improvement of supernatural gifts . What formes for progresse in extraordinarie graces 2. If there be such why they serve not aswell for the benefit of tongues as utterance , and whether the Apostles before the day of Pentecost had any praeparative to that descent of the spirit upon them , if they had not ( the difference of persons not diversifying the donation where or to whomsoeverGod intends it ) why we are to looke about for helpes unto this purpose ? 3. Whether this sword of the spirit can not aswell cut the tongue as pierce the heart ? Whether God can not without helpes aswell indite words as mater , and make the tongue become the pen o●… a readi●… writer . That your set formes were published onelie for Ministers that are beginners thereby endeavouring to attaine a readinesse to pray in their familie , not in the Church . I take for an evasion scarce thought upon before now . The gift of prayer which you take gratis without a proofe , I can afford you to be ●…rdinarilie no other then the forme which Christ bestowed upon his disciples . The use of that hath ever hitherto been continued by their successours in the frequent repetition of the words , and analogie of all their enlargements unto the sense . The greatest comfort that can be had by this is in a cheerfull submission to the judgement of that Church in whose communion I adventure my salvation , & the greatest libertie in the exercise of her words , which in Christian humilitie and common reason I am to conceive more apposite then mine owne . Herein I rest the beter satisfied , when I see my common adversaries in this dutie so to fluctuate in their senses , and like raging waves in a conspiracie to shipwrake others , breaking mutuallie themselves by the uncertaine violence of their motion , and so in the end forming out nothing but their shame . Master Baylie renouncing aswell formes composed by themselves , as praescribed by others . Master Knox praescribing such a se●… prayer unto himselfe , and so praemeditating the words he was to speake , that when quaestioned he could repeat what er he say'd . Their brethren abroad sometime strictlie enjoining a forme compiled by others Omnes Ministri unans formam publicam in Ecclesia precandi tenebunt…ideoqu●… alia forma brevi●…r post concionem recitanda composita est . At other times leaving their Ministers to a libertie of a set prayer composed by themselves , or one depending on the dictate of the spirit . Minister pr●…ces vel dictante spiritu , vel certa sibi proposita formula concipiet The 4. wrongs that are praetended from our Liturgie to redound upon A Giver , A Receiver , A Gift , and A Church , being Relatives in this businesse are inseparable by nature , and must fall to ground with the falsitic of the supposition upon which they hang : But what injuries are multiplied upon all by the extemporarie license of Presbyters in their prayers . Our Blessed Soveraigne . K. Ch. 1. hath enumerated , the affectation , ●…mptinesse , impertinence , rudenesse , con●…usions , flatnesse , levitie , obscuritie , vaine and ridiculous repetitions , the senclesse and oft times blasphemous expressions , all these burthened with a most taedious and intolerable length…Wherein men must be strangelie impudem and flaterers of themselves , not to have an iusinite shame of what they so doe and say , in things of so sacred a nature before God and the Church , after so ridiculous & indeed profane a maner . Nec potest tibi ( 't is Master Baylie I meane , who hath been guiltie of most in my hearing ) istares contingere aliter quam si tepudere desieris : perfrices fron●…em oportet , & ipsete non audias . But I referre him to the rest of what K. Ch. 1. Briestie but solidelie hath writ , and what more at large Master Hooker , to whom I may challenge all the Scotish Presbyterie for an answer . So great a cloud of witnesses encompassing the Scotish Presbyterie , and giving in evidence against her as the mother of mischief too many yeares in three Kingdomes , your arme is too weake to lay aside the weight of those wicked actions that must be charged on her backe , and the sinne of sacriledge Royal that so easilie b●…sets her . The Parliament of Scotland , sure ●…quivocates in denying that they have stripped the King of his justrights ( I speake to His Majestie now reigning His ●…ather having unanswerablie argued for himselfe ) because they never hitherto acknowledged him invested with any but the name , to which bare inheritance they knew him borne without the charitie of their breath , & which he must have had without their sounding trumpet , proclaiming this for their almes as hypocrites in their markets . But to come close to you . This Parliament of Scotland , had it been such , as it was not , upon the murder of the ●…ather ought to have been stripped of all it selfe , then no just rights , ( no more but such as a deadman hath to his robes ) and being a breathlesse carkasse could require nothing at the hands of the Sonne . The courses to which he was stirred up and keeped on , out of natural dutie , by no factious advice , were ( howsoever they succeded ) praeservative of his Fathers and himselfe , and destructive to no people but the workers of iniquitie that with their owne hands plucked downe miserie upon their heads . The bloudshed brings bloudguiltinesse upon them that first opened the veine , from which he had no need to be purged with hysope that was cleane , nor washed , whose conscience , in that particular , was whiter then the snow . Yet being by your scarlet Parliament imputed to him , ( whose impure eyes can b●…hold nothing but iniquitie in others , and whose wicked mouthes are wide open to devoure the man that is more righteous then themselves ) the satisfaction they required could be in order to no exercise of his Royal government , nor dare they take any by the rules of your Discipline , which must have bloud for bloud , but a slavish subjection of his life and erowne to sentence without mercie , which had been , though fewer in number , yet as full in your meaning , and as effectual aequitable , demands . Allthough this be a replie unanswerable to your praetense . Yet I must not leave you without discovering your diminutive forgerie in Parliament Proclamations , putting parts of his Royal Government where they the whole without exception . His name portract & seale being not his , when new stampt , and set to publike writings by your hands then in actual rebellion against his person . The securitie to your Religion and Liberties required , were first enacted for an aequitable demand onclie by a Convention of Rebells at Edenburgh 1567. who had been partlie solicited , partlie scared into a dubious consent with , andby a Tra●…terous Assemblie , ( who had in vaine posted away foure Caitiffe-Cursitours , miscalled Commissioners , to the more loyal Lords delated for the Hamiltons , as likewise to the Neuters , to depose their Queen , and clog their future Princes's succession with this impious condition . That all Princes and Kings herea●…ter in this Realme , before their Coronation shall take oath to maintaine the true Religion now prosessed in the Church of Scotland , and suppresse all things ( even their soules & consciences ) contrarie to it , and that are not agreeing with it . This I take to be the fundamental law your Proclamation reflects upon , foralas the other foundation of your solemne league and covenant lies not fathom deep , a stripling of twelves yeares old can reach to the botom ; and evert , both , when he calls for that invisible law of God , which approves much lesse enjoines this praerequiring satisfaction from a King , For it is not Maitlands idle concession to Buchanan in his cursed dialogue upon Homers authoritie , That there was a time when men liv'd law lesse in Cottages and caves , and at length by consent tooke a justisiable course of creating a King unto themselves that will reduce Royaltic to popular restrictions . Such stuffe as this may be put off among Pagans that will hearken to the fable of Cadmus , & be wonne into a beliefe that the serpents teeth were sowed in so good a soile as that they all sprung up proper men of whose race we might have had some at this day , if they had betoke themselves to the election of a King , when for want of one they fell to civile dissensions & destruction of themselves . I demand as a Christian , and as much mighta ●…ew . Who was the first King ! Whether he was not instituted by God ? Whether not with a decree touching primogeniture in th●… right of succession , by the first borne to propagate his authoritie and office ? Whether any people in the world , more or lesse in a bodie lawsullie assembled , have been at a losse for a King to command them ? & what law beside that of nature which if such as Saint Paul describes it , is somewhat hard to distinguish from an original law of God , ( and yet shall be sequester'd from our praes●…nt dispute ) constituted them in a full capacitie to chuse one ? Who ? When ? Where ? Open Buchanans packe , as big as it is , begirt with no lesse then the cingle of the world , and with out Ambiguons peradventures , or ass●…mations involv'd in quaestionable circumstances , lay me out one cleare instance to this purpose and when you have , purchase a parallel among your selves . Transmigration of Nations , Navigations of discoverie , design'd or contingent , New plantations upon necessitie or pleasure , Spontaneous secessions , though by supreme authoritie approved ; Relegations and exiles , Extinctions of lines . Finallie whatsoever to be thought on that can separate a medley of men from a set●…ed societe , or make an Anarchie among People , will when all are combin'd , I beleeve , litle disorder me in my hold . So that to use the words of that valiant General , or take the Kings from his mouth . You declared him to be your King , but with such conditions and proviso●…s as robbe●… him of all right and power . For while you pr●…ctend to give him a litle , which he must actept of as from you , you spoile 〈◊〉 of all that power and authoritie which the law of God , of Nature , and of the Land hath invested him with by so long continued de●…cent from his famous praedeccssours . For the nature of your demand , the abolition of Episcopacie , which you confesse to be a great one ( so great indeed as not to be granted but with a devastation of his conscience , the Praelates were very unworthie of their miters , if they pressed not his Majestie ( were it necessarie where is so free an inclination ) to denie you , though they know well enough , were your great demand yeilded , you have one no lesse behind , securitie of liberties , and when both were had ( which God forbid they ever should be ) your crueltie and guilt would admit of no lesse after-satisfaction from him for England , then from his Father for Scotland , nor your raging Devill be otherwise satiated then with his bloud . Therefore the advantage you take of his denial ( though you confesse upon other mens importunate instance ) makes your Praedestinarian Godships no lesse peremptorie in the immutabilitie of your decree , to forme Commonwealths of Kingdomes , and according to you Divinitie the meanes being as unalterablie destin'd as the end , you resolve what you can ( and doe well to tell us so ) that he and all his familie shall perish . — Levia sed nimium queror Coclotimendumest , regna ne summa occupet Qui vicit ima… For you that thus capitulate with Kings , have nothing next to doe but to article with God. Presbyterie admitting no Rival Regent , much lesse any superiour , will make way to its solitarie supremacie by ruine . I terruina quaeret , & vacuo volc●… Regnare mundo . — Your patient surplicate●… were your Hage papers , which most inquisitive men have heard or seen before this time . Wherein you tell His Majestie his denial will constraine your people… to ●…oe what is incumbent unto them , we know what you meane , that fatal word being scarce to be met with but having Rebellion and Murder at its heeles . Your Euangelist of the Covenant did not cant it to his Father , but sayd plainlie Reformation may be ( though he wish'd it not ) left to the mul●…de whom God ●…rreth up [ to kill and slay without quaestion ] when Princes are negligent , as they are when they yeild not their aequitable demand●… , grant their patient supplicates , lay their heads on the blocke , and ( not doe but ) suffer as they would have them . Laesa patientia fit furor , Even in such meeke men as you , patience upon denial can become furie and supplicates after some continuances commands .. And then he may have an offer of his or their Kingdome , as you thinke fiter to style it , but it must be with a resignation of his crowne , their Lives and estates shall be Oretenus for his service , when aurium tenus they are up to the ●…ares in a good bargaine , taking money with one hand , and delivering him up with the other ; which is the issue to be expected upon the grant , and nothing worse can be feared ( nor that if well thought on ) from the denial of your demands . Therefore , to conclude , no miserie of King nor people should be so impolitikelie declin'd as to be desperatelie embraced . And till the essentials of Scotish Presbyterie be changed , which are undisputablie destructive to all Monarchs that come among them , true Praelatical hearts can not be trulie considerate or loyal , if they be not obstinat●… in this perswasion and beleefe . The place cited , to which you send us for a view of your tender care in providing the parents consent to the mariage of their children , gives us a full prospect of your tyrannie over Nature , whose throne is usurped , whose praerogative trampled downe , and her Paternal Princes enthralled to the dominion of your spirit . For your publike inhibition of private mariage●… there mentioned , is not so much to carie the streame of childrens obedience to their Parents and Curatours , as to make sure that the water goe no●… by your mill , that due homage be payd to the consistorian powers that are above them . Therefore in some cases ( and we know not which you except ) 't is sayd . The Minister or Magistrate to whom , ( though not you , your Discipline gives the praecedence and praedominance ) may enter in the place of parents … may admit them to mariage . For the worke of God ought not to be hindred &c. This worke of God is there called the touch of the heart with desire of mariage , As if all hearts so touched had Gods hand layd upon them , and the Scotsh climate were so cold as all natural or carnal inclinations were frozen untill fire came downe from heaven to dissolve them . As if then , good soules , they were melted in a minute , and had outrun the bounds of all selfe moderation , all rational persw●…sion , all love martyrdom in a passive submission to the just rigour orunjust wilfullnesse of cruel parents contradicting their sodaine affections and amourous violence , For if these Flames warme by degrees at a distance ( and some danger drawes on of being scorch'd without screening ) their dutie should prompt them to withdraw in due season , and repraesent to their parents the first sense they finde of that heate , the increase of content or comfort they take in it , and with their approbation farther cherish these desires , or upon their dislike in gratitude and justice to their sufferance of many infant troubles , & elder petulancies , endu●…e a litle hardship for their pleasures . For to change the allegorie , if children first set saile of themselves , & then call to their parents at ●…hoare for leave to take shiping , this mocke respect would rellish more of scorne then good nature or dutie . And as well may they bid adieu to relations , as when before a strong gale of winde looke for anod or waving hand to incourage that course wherein they themselves are steering , and necessitie carying then not to be resisted . Yet no other is that honour which your Discipline sayth they are bound to give to their parents , the parts whereof you make these . To open their affection . To aske their counsel and assistance how that motion … may be performed , it speakes not of asking pardon for entertaning it before approved . † You know the Civile and Canon law are divided , that standing much upon the necessitie , this onelie on the decencie or honestie of having the parents consent . A friend of yours , that îs hugg'd for his paines in opposing our Church , presseth hard the coincidence of the former with the determination in Scripture , and objects her concurrent practice with the later To tell you how * Bucer playes the strict Civilian in this businesse , whose authoritie is very oracular when for you , would it may be render him but a private opiniatour now against you . And as litle might it availe to produce the Acts of your Brethren in Holland , who seem to declare for a necessitie in their provincial Synod . Nemo proclamabitur de contrahendo nisi priu●… attulerit testimonium de consensu parentum , No more then a convenience in their National , and that determinable by their Presbyterie when controverted … Siquis autem irrationabiliter in his causis & refractarie se gesscrit , sic quod nullo modo vellet consentir●… … presbyterium constituit quid in talibu●… casibus sit saciendum . In this division you doe well to quit your selve of all wonted interest , and appeale even from Scripture it selfe to the Tribunal of reasen and a quitie . Where yet you will scarce get your hearing before you prove that the anthoritie of Parents is to be restrained by the many times unreasonable ( though lawfull and honest ) desires or motions in their children . As if a Kings daughter should be taken with a beggar borne under an hedge . With which instance your Presbytrie is scarce to be trusted , who it may be , are readie enough to justifie the match by the eminencie of his vertues , to which they may beter dispose daughters then distribute crownes , saying Regna virtuti , non generi deberi . Epictetus that was a very good Master of his reason , gave this general rule unto his disciples . That all obligatorie offices are measured by the relative habits of the persons . He begins with the Father as most absolute in his power , all whose injunctions and actions are to have an active or passive obedience from his children . Pater estin ; hypagoreuetai epimeleisthai , para●…horein hapantoon , aneches●…hai loidorountos , paientos If you talke to him , as Bishop , to the of a cruel ●…arent , abusing his autgoritie &c. He will tell you Nature hath not tied you to a good father , but a father , & your dutie must bepayd him in his natural capacitie , not moral ●…ete oun pros agathon patera physei okeiothes , alla pros patera . There is indeed some what in humanitie it selfe , which may be call'd the ●…ice of a father to his sonne . To moderate sometimes his autocratical power by affection , & run his iron heart into the same molds with the softer metall of his childrens at least not t make it the hammer and anvil whereby to fashion youth to the humourous morose sevetitie of age . It was upon some such advantage that Pamphilus argued in the Comoedie . Hoccine est humanum factum aut in●…oeptum ? Hoccine officium Patris ? … Pro ●…eum atquchominum , quid est , si non baee contumeli●… est ? Vxorem decreverat dare sese mihi hoaie , nonne oportuit praes●…isse me ante ? nonne prius communica●…um oportuit . Yet afterward Simo contrapones his improper choyce of a match misbeseeming him , against custome , law , and his dutie as a s●…nne . Adeon impotenti ●…sse anime ut praeter ●…ivium M●…rem atque legem , & sui voluntatem patris . Tamen hanc habere cupiat cum summo probro ? ●…n sine Pamphilus convinc'd in likelihood by his reason , made a filial exemplarie submission in our Case . Ego me amare han●… fateor , si id peccare est , fateor id quoque . Tibi Pater me dedo . quidvis oneris impone , impera . Vis me uxorem ducere ? han●… amittere ? ut potero feram . Yet among Christians , when such submission's not found from a frenzie of love which will take no advice from Nature or Reason , I confesse the Magistrates and Ministers shall doe an act of charitie in their mediation with his father by complying with to cure him of his madnesse , and restore him to his senses . But when their Discipline makes it an act of power and jurisdiction , and that as much , if not more , concerning the Minister as Magistrate , I take it to be very emp●…ie of oequitie , as full as the Reviewer thinkes it , and see not where , after the Scotish mode , any Church or State doth practize or approve it . In the behalfe of them that doe , he is to repaire the breach of the 5. Commandement by the disobedient child , or shew us where in 〈◊〉 is particular it was dispens'd with . In case of sinne I confesse a just apologie may be made . As if the Father would admit of none but an incestuous marriage , or , to save his estate , with one in open rebellion against the King ; The child must not obey , nor yet is bound where is feare of incontinencie , to live single . The supreme Magistrate ought here to take the place , & doe the office of the parent . And the Minister must execute all lawfull commands of this Kind in his function . But if the case be so rare of the childs complaint ? and not heard of in an age , the Dawbers of the Discipline might have saved this patch ; and need not have fould their fingars with such untemper'd stuffe , as having neither Scripture nor reason in its mixture , was never intended to cement any building of Gods , nor the corrupt a●…ections of willfull children to be called his worke . Yet that the R●…ader may neither be unsatisfied nor deluded ( as he will be very often if he observes not your fraud in mistating the case ) I must admonish him that the Bishop's may be frequent though yours be rare . His Lordship objecting your admission to mariage the parent gainstanding . And you reponing an authoritative Sentence to enforce consent . His addition about compelling the parents to give portions was fastned upon your practice not your canon . Your railing ac●…usation , an impudent lie which Micha●…l would not bring when disputing with the Devil , will as litle grace , as strengthen , your controversie with a better Angel of the Church . In such maters of fact truth can be justified no otherwise then upon enquirie , whereby will best be discovered he●… faythfull witnesse ; and the false one too that will ●…tter lies . Yet in the place alledged your canon ordering out of the text , without quaestion a dowrie to a daughter that is defloured , he that at a distance hath any good opinion of your conscience will praesume your care can be in justice no lesse of her who you say , hath committed no such filthinesse before , but kept the Virgin-ornament that commends her to your super-paternal powers to be made a bride . The passage against sparing of the life of Adulterers ( which you here substitute in the roome of a beter answer to the other ) is not so consonant to the law of God , as dissonant from the milder Gospell of Christ , who neither as K●…ong commanded stones to be cast at the poenitent brought before him nor as Priest retracted by excommunication his signal mercie shewed in her dismission . A Presbyter may have a thorne in the slesh aswell as a Praelate , allthough for want of Saint Pauls spirit he will abate no measure of his pride in revelations And if he take it out to no better purpose then to thrust it in othermens sides , ( if he looke not to it ) will pricke his owne fingar , in his hast . The falselie praetended authours and lovers of so severe discipline make it as litle consistent with Christian libertie hypotaxein & doulagogein , to discipline their bodies and subdue them by Apostolical correction , as to subject their spirits , according to Apostolical doctrine , to just powers ordained by God , And a peice of tyrannie they count it to chasten and mortifie ( which by praecedent they turne into reproose ) ever since David did it that was a King. For want of which ( whatsoever they fancie of I know not whose biting and spurning ) the Presbyterian Iesuruns have kick'd as much as before , nor since this great severitie was threatned , could they have the face to expunge the clause that by their owne confession occasion'd it , & still stands thus in their booke .. Whoredome , sornication , adulterie are sinne●… most common in this realme . The Bishops warrants for clandestine marriages were not without this particular caution against spoiling parents of their deare children . Quod parentum , modo sint in vivis , vel alias Tutorum sive gubernatorum suorum expressum consensum in hac parte obtinuerint . And how abundantlie otherwise was provided let your brother Didoclave beare witnesse . If their mercinarie officers prostituted to their profit this indulgence granted upon very good reasons to noble personages , whose praecontracts , or impediments if any , were not very likelie , and it may be not so fiting to be discovered , upon publishing their bannes ) this can fairlie be charged neither upon the Bishops order , nor their persons , unlesse you would have them ubiquitarie in their Courts , & omni-praescient in the actions of their instruments . Their after-dispensations with marriages without warrant I hope are not culpable , except you would drive them to a necessitie of divorce . Among them whom you call brethren heretofore those of Middleburgh did invalidate all private marriage . About which their adversaries , though consenting in the substance , call upon them for a text of Scripture , which I never heard was hitherto produced . If he that fixeth his eyes upon the sunne , till the strength of the beames and luster put them out , should declare before the witnesses of his misfortune that he never saw the least glimpse or brightnesse of that luminarie , he were more to be credited then Master Baylie in his grosse selfe-confounding denial , that ever any such mater was attempted in Scotland as drawing civile causes upon praetense of Scandal unto a Synod of Presbyters , or that he ever heard alledged by their adversaries their impeding or repealing any civile proceedings . Whereas the first hath been proved allreadie by the Bishop out of the very words in their discipline ; And the two other objected in numerous instances by most , if not all the adversaries that have published any thing against them . By Arch-Bishop Spotswood in the different cases of the Bishops Montgomerie and Adamson , A Melvin , Blacke , the spanish Merchants &c. So that in general he is faine , to alledge against them in this language… Ministrorum eo crevit insolentia , ut non contenti sua functione , lites & reo●…omnes ( what and who is here excepted ? ) a●… suum tribunal revo●…are niterentur , concilii publici ( which is more then the meanest civile Court ) placita reseindere , Ordinum decretis ( which riseth high ( qu●…e ad slomachum non sacerent intercedere , &c. Which is worse then Synodical impeding or repealing , populum cmnem contra hostem in armis paratum esse jubere . And which includeth all in all . Nibil denique erat quod islos fam severos censores essugeret . The Answerer by leter… How inconsistent Presb. Government is with Monarchie objectts their interposing in a case of debt between J. T. and P. T , determined by the Lords of Session ; Their discharging Munday mercates against leters Patents under the Great Seale , professeth that like infinite instances might be produced , and one more of them he brings with the several circumstances about a decree and judgement obtined by Master Iohn Grahum . In general your judicial Vsurpations are censur'd by the Authour of Episcopacie and Presbyterie considered . Whereof he brings no particulars because he sayth no bodie can be ignorant that hath look'd into the knowen stories of this last age . Some what to this purpose is in him that writ the Trojan Horse… unbowelled . K. Iames's Declaration against you in the case of the Aberdene Ministers is in print . Beside many other of this nature that I have not seen , or doe not thinke on . Where Master Baylie hath slept out all this noyse , J can not guesse , if above ground . So that a lasse the Curtisan Bishops may pasle away unquaestion'd with a few innocent prohibitions in their pockets , when the Traverse is draw'n and the Palliard Presbyters discovered in multitudes at the businesse , heaping up such loades of repeales and protestations , as crush all iniquitie into scandal , & make Civile Courts , Parliaments Councel and King responsable for their sentences to the Synods . The next injurie against Masters and Mistresses of families as it stands in your discipline ( not as you subtilie , yet vainlie , advantage it ) is criminal , at least so farre as it is a transgression of Saint Pauls rule , which requires all things to be done euschemonoos & cata taxin , decentlie and in order , 1. Cor. 14. 50. Whereas for them to be brought to such a publike account , who at all other times , without personal exception , are constituted instructours of their children and servants , is not eushemonoot ; it caries litle decencie with it , it too much discountenanceth their authoritie , it levels their natural and politike Dominion for the time . nor have those different lines as they are draw'n in your Discipline , such a just symmetrie , as to produce an handsome feature of one person : It is not cata taxin , ta●…e it in what sense you will , no man will say there is a due order observed , nor any such praescription in Christs Holy Catholike Church . The same Apostle that gave particular directions in the case made no canon for this . An antecedent examination he appointed , but the Ancients interpret it more of the will and affection then the understanding & mind . Or ●…f he meant it of both , he made every man judge of himselfe ( as you doe when he is praesent at the ministration of baptisme ) that had before renderd a reason of his sayth to the Church , neither Presbyter and inquisitour of course nor parishoner a witnesse of his unworthinesse and ignorance . Ourh heteros ton hetecon…all ' a●…tos beauton sayth Oecumenius which put Cajetan upon the thought that confession was not at this time required , for which he is taken up by Catharinus . And Chrysostom referres us to a text in St. Pauls second epistle which tells us what discoverie may put the examination to an end . Examine your selves whether ye be in the sayth . Omnem prolationem quaerendi & inveniendi credendo fixisti , hunc tibi modum statuit sructusipse quaerendi , is intended , I beleeve , as a glosse upon it by Tertullian . So that the knowledge how to pray was no praerequisite of St. Pauls . Nor can we heare from him that the ignorance of other your disciplinarian articles exclude a man more from the Sacrament of the Lords supper then from the communion of Saints & Christianitie he professeth in his Creed . Beside 't is easie to conceive what discouragement it brings upon such good Christians as hunger and thirst after this spiritual nourishment of their soules , and how much it derogates from that reverence Antiquitie render'd to this Sacrament and the high degree of necessitie they held often to participate hereof by such clauses as this . All Ministers must be admonished to be more carefull to instruct the ignorant then readie to serve their appetite , and to use more sharpe examination then indulgence in admitting &c. Which hath a different sound from the earnest crie of the Euangelical Prophet Isai 55. 1. and the free invitation made by the High Priest of our profession in the Gospell S. Luk. 14 you accounting profanelie the losse hereof no more then the misse of a meale , and the disappointment no other then depriving an hungrie appetite of a diner . Our Fathers of old were otherwise minded , and excommunicated those that were peevishlie averse , not those that ( being engag'd in no penance ) humblie desir'd the benefit hereof . Aposlrephomenous tea metalephin tes cucharistias cata fina ataxian toutous apobletons ginesthaites ecclestas . was part of a canen at the Councel of Antioch A. 341. I could adde , That you declare not what may passe among you in the Master and Mistresses answers for the summe of the law , what for the knowledge wherein their rightcousnesse stands , without which you say they ought not to be admitted . So that the sharpnesse of your examen and acceptance of their answer being arbitrarie , much roome is left for private spleen , antipathie and passion no justifiable causes of separation from this communitie of Christians , and therefore made the ground of enquirie and cognizance in every halfe yeares Synod by the Nicene Father , that such partialitie might not be tolerated in the Bishops , But whereas you excommunicate the parent and Masters for negligence when their children and servants are suffered to continue in wilfultignorance . Why not aswell the God Fathers and Pastours whose subsidiarie care should not onelie be restaurative but praeventive ? Why not such aged women as are not teachers of goodthings , That the yong women be sober , love their husbands and children &c. Tit. 2 , 3 ? Why not all those in whom the word of Christ should dwell richlie in all wisdome , and they teach and admonish one another Col. 3. 16. Which being a like duties of the Text alike require your inspection , nor doth it appeare any more that you are left to a libertie of discrimination in your censure , then that for any of these defaults you may exercise it at all . Your familie visitations , if sincerelie intended for the inspection of maners and conversations is commendable , if done with the spirit of discretion , moderation & meeknesse . When this was practiz'd by the most conscientious Priests of the Episcopal partie ( your knowledge whereof to denie by oath would looke litle beter then perjurie ) it was calumniated by many of your brood for gadding and gossiping , defam'd by some for more sinfull conversing . And when the generalitie of them ( the Episcopal Clergie ) remitted the frequencie of preaching , the studie for which they found inconsistent with this more necessarie more beneficial catechizing the people , it was nicknam'd suppressing the word . And when at such times as the sacramental solemnities they entred into any private spiritual communication ( though advised by the Church ) they were put to purge themselves from the imputation of Poperie in practizing auricular confession and injunction of penance . Your order and practice is to keep off from the holie Table not such onelie as conjunctive are grosselic and willfulle , but divisive ( intoo strict a sense ) grosselie or willfullie ignorant . Touching which allthough their negligence is inexcusable , and their dulnesse pitiable , yet that your act of cruel jurisdiction is justified by no divine command nor Catholike example . If never any for simple ignorance were excommunicated in Scotland . You must be rebuk'd for transgressing your rule and failing in your dutie as your Kirke pleaseth thus to declare it . In sufferable we judge it that men be permitted to live and continue in ignorance as Members of the Kirke . Whether greater tyrannie were exerciz'd in the High Commission Courts or your Consistories , your aequitable comparers by this time , are not to seeke . What excesse on your side hath been evidenc'd is here resumed onelie to aggravate your floud of boundlesse crueltie by the many heads from which it issues , and the cataracts it powres upon the poor people in every parish . The Bishops playd indeed the Rex in that their Court , because they acted in it by authoritie and deputation from the King. But you and your Brethren playd the Rebells to the purpose , when you first rioted , then rebell'd and covenanted before , er you supplicated to suppresse it . K. Ch. 1. by his grace and too fluent charitie praevented the violence intended by your Parliament , though he found no thankes nor yet acceptance at your hands His proclamation being rudelie encountred with a rebellious protestation read by Iohnston . The King & Anticlerical Parliament in England that alasse joind hands in a maner , yet searce agreed , to throw downe the other about their eares ( without which the Praelates had no power , lesse then no reason ( if it might be ) to let it fall ) have not onelie covered the poor Bishops with the ruine of that Court , but since hands and hearts were divided , the laborious Lords and Commons , without him , have pull'd the Fabrike of both Houses , and of Monarchie upon themselves . The Congregational Eldership , a thing wheresoever more to be jeerd at and lesse endured then a Commission , is enjoy'd with so much more comfort among other of the Reformed then in Scotland , as we are eye witnesses of lesse authoritie & rigour in it . And while I am writing this Replie one of the Reformed Presbyters , your Countreyman ingenuouslie confesseth to me that he thinkes in his conscience the present Kirke tyranniem Scotland ( he speakes it indeed rather of the practice then rule ) of●…se ●…se Scotish Elderships taken out of Holie scripture can not be very Partic●… 〈◊〉 many cases . Their Acts of superiour judicatories doe not , can n●… 〈◊〉 ●…pecific interpretative Scandals , nor in all occurring pofsibi●… proportion corporal punishments , or pecuniarie mulcts , in the arbitrement of which lies the tyrannie of this petie Aristocratie , and most ridiculouslie many times used in cutting haifethe haire , shaving beards &c. as before now hath been objected by others that having I beleeve seen it , better know it . In the abuses by such censures , and difficultie of some cases , when appeale is made to a Synod , the Bi●…op tells you ( which you observe not ) that the shortnesse of its continuance can afford , the condition of the persons will afford litle reliefe . Your dozen of the most able pious plow men in many parishes , with an unexperienc'd illiterate Pastour praesiding in their Councel are no very reverend Iudges in many cases . Aud what pitifull creatures they must be of necessitie in some places may be guessed untill this quaestion be answer'd which is sent you from another Countreyman of yours an honest able Divine . Whether you have not heard of C●…untres Churches in Scotland , especiallie amongst the Saints of Argi●…e , where not three , hap●…e not one in the whole parish could reade . Amphictyonum consessus . A very honourable bench . A Senate that no doubt would strike greater amazement ( but upon other reasons ) then the Romane if any foraigner should behold them . In that you say the Episcopal way is to have no discipline at all in any congregation , you are somewhat more hard hearted then your brethren , Who acknowledge some of the functional rubbish of your Temple building , Elders and Deacons , upon the shoulders of our Church wardens , Sidemen and Collectours , part of whose charge is to observe maners , inquire out ill livers , admonish the scandalous , and praesent them to the ordinarie . To direct them in this dutie the Bishops articles are disspersed , and an Audit held of their account at every visitation . The officials pleasure regulates not their information , which is to be as impartial as an oath can make it . His conscience commonlie is not to large , though his learning and wisdome be of greater extension then the Elders . What power he exerciseth is by law and custome . In correctionis negotijs alia quidem sacient omnia ( excommunication is more niselie and conscientiouslie excepted ) quae de jure possunt & solent fieri . Constit. 1571 To the Presbyterian tendernesse of medling with domestike infirmities some what is sayd allreadie which the Answerer by leter thus avoucheth . It is certaine that a foolish man revealing foolishlic his faults to his wise , the zealous wife upon some quarelling betwixt her and her husband , hath gone to a good Minister , revealed what was told her , and the honest impertial Minister hath convented the man , charged him with his sinne , and made him confesse satisfie , and doe penance publikelie . Here the flagrant scandal was onelie the fire or furie that broke out of a weake womans breast into a pragmatical Presbyters eares , whose heade is no sanctuarie for spiritual secrecies , but his curiositie the mine that under workes the foundation of private families , and palaces too ( where of that of Mary Queen of Scots may be a formidable , and lamentable example ) and when jealousies faile of materiall truth in the discoverie , to blow them up with malicious calumnies what they can . For suits and differences incident between Pastour and flocke , Lay Elder and his neighbour , the passion upon which perverts , & blindes the eyes of the wisest men that are your Congregational or Classical Iudges you passe quietlie by it , as having nothing to say for it . These are the great injuries and hurts which make the Scotish Discipline , Scandalous to all the Reformed world being prov'd destructive to the just praerogative of Kings , the power of Parliaments , the libertie of subjects : enslaving all orders of men , where it takes place , to the arbitrarie jurisdiction of a corrupt Synod , and that commonlie moderated by the usurped Papacie of a Knox a Buchanan , a Melvin , an Henderson , such meeke lambes as no misbeleeving Iew can misdoubt , them to be fore runners of his Messias who hath prae-inspired this good principle into their heads . To bring their Kings rather then goe themselves to the slaughter . And wheresoe'r they get power , to teare out the throat of the thearers , and make them dumbe , never more able to open their mouthes against the know'n Deitie of their Presbyterie . CHAPTER XIII . The Bishops exceptions against the Covenant made good , and this proved That no man is obliged to keep it who hath taken it . IF I had not found the Reviewer a pretie round and plumpe Gentleman in blacke , I might have misse-thought the habit of his bodie and conformation of his parts , facilitating with some pleasure the operation of his physike , to have enamourd him with the otherwise undecent , metaphore of a vomit ; But Hippocrates praescribing to his constitution ( as J take it ) the other method for dejection of his humours , I recollect with my selfe a triple cause that might at this time create his distemper , & in his penning force out this floud of gall upon his paper 1. His late fruitlesse voyage by sea might still sticke in his stomake , having before been for many yeares accustomed to none but land waves of his raising , the raging tumults and madnesse of the people . 2. A violentagitation of his bodie , the sixe Scotish Iehu's in zeale to the cause coaching it much too furiouslie about the Countrey . 3. The abominable sight of his Majesties hand to diverse papers , denying the very subject of this chapter , the taking , injoining , or tolerating of the Covenant . So a Doctour in the facultie nearest hand instructs me… vomituns vulgò concitare traduntur… violenta & vehemens corporis agitatio , insueta per mare navigatio… imaginatio & intuitus rerum abominabilium . Beside the pleasing sent of an Irish designe then in hand might offend him , which is a fourth cause he addes and I end with , Odor rerum saetidarum &c. As to the substance of the chapter , wherein his Lordship hath taken the Palladium of Presbyterie , ( without which the successe of his other attempts had been nothing ) the Reviewers stratagems ( for strength of reason he brings none ) are unlikelie to rescue it , The Bishop is very sensible how deep the conscience of an oath stickes in men whose hearts are not hardened against religious impressions . And how perjurie is abhorred among heathen , who have conscientious feare of punishment from their God , and a politike one too of shame before men . To undeceive therefore such as fondlie fancie because their hands were lift up , that their covenant's with heaven : And because their eyelids are open , that they walke not in darkenesse and the shadow of death . He brings them first the reliefe of several propositions , which when draw'n out , will appeare to be these . All oathes , vowcs & ●…ovenants are not binding , it being customarie among men to make the same bonds serve for iniquitie as justice & tie up secret conspiracies with the publike liguments of communitie & peace . 2. Those that are not obligatoric may be broken , viz where a greater judgement solveth the fallacie of a lesse or a beter conscience seekes to reduce & rectifie a worse . With what other false knots men are foolishlie entangled he demonstrates by the slight where in the Covenant hath catch'd them . Their deliverance is this , if they will accept it from the hands of unquaestionable truth , That Covenant which is devised by strangers to the dishonour of a Nation , imposed by subjects wanting requisue power , and that as well upon their Soveraigne at aequals extorted by just scare of unjust sufferings , is not binding . But this is that Covenant . Ergo. The majour thus put in forme the Reviewer will hardlie grant , and yet dares not denie , but sets his foot upon I know not what weaknesse and falsitie of the Minour , the Commissioners of the Parliament of England , as he calls them ) being among the number of the first and onelie framers thereof . He must be wiser then Solomon that can know the way of a Serpent upon a rocke . Yet the Presbyterian Scotish subtilitie is not such , but that we may see whence , if not by what gyres and uncertaine sinuations , it came about , and he that meetes it at Westminster may welcome it from Edenburgh , if he likes it . Leagues and Covenants are no usuall abasement of English allegeance , such copper coyne hath been no where so currant as since Knox was Mint-master in Scotland , whose original inscription With the image of his rebellion is propagated in this counterfeit , as he that delights in such medalls may see if he compares them . This for the thing . For the persons I denie them to be Commissioners on either side , no King , nor Clergie legallie assembled deputing them to that purpose nor indeed any of the Laitie but Rebells . They that gave life to it , Lords , Commons , or what you will , or wheresoe'r assemblad , were in the very act Traitours against the King and so no part of a Parliament in the Kingdome Whither they are called by His Majesties writ to consult about the defense not to covenant the destruction of the Kingdome and Church . The lawfulnesse of whose constitution and authoritie was no farther ●…cknowledged then it was lawfullie used , and in that act absolutelie disclaimed , the King sending for them onelie to discourse and treat with himselfe , not to dispose and ordaine , or enact any thing without him . Therefore these men , thus acting upon the praecedent advice and praescription of strangers , foysted a Covenant devised by strangers , how soever factiouslie denison'd in that Court. But how strange the advice was will appeare beter by true storie then probable divination , which being sent me in a leter from one well acquainted with these affaires of his owne countrey . I will faythfullie communicate as it came unto my hands . When the Commissioners came downe from the Parliament with their letter subscrived be some Ministers shewing that their blood was shed lyke water upon the ground for defense of the protestant relligione and the letter being red in the Assembly had no uther answer bot this . Gentlemen wee are sorie for your case , bot there is one thing in your letter , Yee say yee sight for defense of the reformed relligione , yee must not thinke us blind that wee see not your fighting to be for civill disputes of the law , wherewhith wee are not acquame . Goe home and reconcile with the King , hee is a gracious Prince , bee will receive you in his favour ; You can not say it is for the reformed relligione , since yee have not begun to reforme your Church , yee had thryven better , if ye had done as wee did , begun at the Church , and thereafter striven to have gotten the civill sanction to what yee had done in the Church , wee can not medle bet wixt his Majestie and you . ] Few dayes after , Sir W. Ermin , Master Hamden with the rest were invited by some of their friends to make a new addresse to the Assembly , their friends in the Assembly ( after a second desire of a more gracious answere ) propounded this . [ Will yee joine in covenant with us to reforme doctrine and discipline conforme to this of Scotland and yee shall have a better answere , ] Sir W. Ermin & the rest answered ( that they had not that in their instructions , bot thanked the Assembly & sayd they would represent it to the Parliament of England ) the friends in the Assembly told them [ there would be much time loosed ere they could go to the Parliament for their resolutione and thereafter to returne to Scotland and draw up a solemne league and covenant the danger was great and they were not able with all their forces to stand two moneths before the Kings armie bot we shall draw it up here and send up with you some noblemen gentlemen & Ministers that shall see it subscribed , ] which was done . To proceed your Rebell - Parliaments desires , beside what may be gatherd from your papers , were not , as I have heard , very humblie praesented by the persons many times that brought them , And when your smoothest language is glossed upon ( as best it may be by your rude militarie Interpreters at more distance your negative will not hinder them of being impositions rather then supplications . Religion and liberties in all the three Kingdomes were very sufficientlie secur'd by the lawes . Scotish Presbyterie is no religion but rebellion in the principles , and the libertic taken by it is license befitting no subjects , and therefore not to be desired of a King. For which if such a covenant or oath is but one malne peice of securitie ( as you confesse ) I leave to be judged if any judgement can comprehend the other maine peices of vassalage , for your safetie , you yet farther expected from the crowne . An authoritie to crave many leaves a libertie to refuse , and be of no sufficience to impose upon the subject so long as during the contenuance of the Parliament . Nor can you shew that uncontroverted law which gives validitie to an ordinance controverted by the King , who assumes no power of politike imposible concessions , such as treason , felonie & breach of peace are by name with us , & covenanting is such when against the Kings consent . The last part of the demonstration is too true , and so farre dishonourable as it blazons the cowardize of men well principled in their religion to God and loyaltie to their King , who for the benefit of a litle fresh aire out of prison , and a titular interest in an estate , the revenues whereof must be excis'd , contributed , fift parted , twentieth parted and particulated into nothing at the pleasure of the blew-apron'd men in the Citie , and Committee plowmen in the Countrey , would desperatelie cast their soules into the guilt and curse of a covenant which they utterlie detested , and their persons into the slaverie of proud , sinfull unreasonable men , whom before it may be they fed with their charitie and commanded . The nullitie of this oath upon the difference of heart and mouth , is demonstrable , The very taking it being so farre from obliging to be kept , as it subjects them to the judgement of God , because not done in truth nor in righteousnesse . Isai 48. Nec vero ultra quam conse●…sum est juramentum operatur secundum ipsum , quae tunc actul deficit in substantia , desiciente consensu , quem defectum juramentum minime supplet Say the lawyers . And he that sweares to commit sacriledge and murder is as much bound by his oath , which I would faine heare Master Baylie dictate from his chaire against them when they tell him , Iuramentum non est vinculum iniquitatis . The especial aggravation which he drawes from the Bishops ground is as especial a lie , and as evident a falshood , as ever came out of the mouth of man , & an irrecoverable shame to the whole Presbyterie . That a Minister , Professour , their great champion & commissioner should utter it , when not onelie the penaltie of two pence hath been threatned , but of sequestration and imprisonment hath been executed upon thousands , and beside these , ( because some particular must be instanc'd ) upon neare 100. fellowes of Colledges in one weeke banishment out of the Vniversitie of Cambridge , this I can best justifie being one of the number . Which was a leading case to Oxford , when in their power , and the feare of unjust suffering they threatned , her first argument against their covenant . Therefore let us leave the dishonour we were speaking of where we found it , upon the head of our Nation in part , who degenerated so farre as to take a covenant from the hand of strange rebells no otherwise their brethren then in the in quitie of maintaining hypocrisie and license , both which they see with their selves selves now in thraldome to Atheisme and a mercenarie sword , And beare about them the marke of Gods vengeance in the sight of us who survive to magnifie him in his iustice , saying , Iustus Dominus in omnibus vijs suis & sanctus in omnibus operibus suis. The Bishops second demonstration need be no beter then the first whereby you are convicted , as bad as it is , you dare not venture upon halfe of it , but like a cunning old rat that hath before been catch'd by the ta●…le in a trap , will be nibling at the baite , but not enter too farre with his teeth for feare his head goe for 't next . This makes you so tender of dealing with the majour , which if not well caution'd why doc not you denie it or attacke it on that side which you guesse weaklie guarded ? You pervert the minour , though litle to your advantage . The Bishop sayth not that in the Covenant you sweare the latelie devised discipline to be Christs institution , but that you gull men with it , as if it were so imposing upon them the strictest oath to engage their estates and lives in the praeseruation and propagation of it , which is as much as can be required for Christs institution or Euangel , a title as strange as you make it , often given your Discipline which allreadie I have touchd at . Yet because here you so confidentlie put us upon the words of the Covenant , somewhat not much unlike what the Bishop imputes I finde in the praeface… having before our eyes the glorie of God , and the advancement of the Kingdome of our Lord and Saviour Iesus Christ… whereby I charge your meaning to be the Presbyteriall Government of your Kirke , if not , I require you plainlie to denie it , and to send me this proposition subscribed by your hand . The plat forme of Discipline to which we sweare in the Covenant , is not Christs institution . Especiallie since your General Assemblie 1642. hath sayd . That the Reformed Kirkes do●… hold without doubting their Kirke officiers and Kirke Government by Assembles higher and lower &c to be jure divino and perpetual . Your brother-Presbyters in England . That Presbyterian Government hath just and evident foundation both in the word of God & religious reason . And the praeface to the English Directorie telling you , That their care hath been to hold forth such things as are of divine institution in every ordinance . Were it not to tire out my Reader , I could shew this to be your language ever since your Discipline was framed , & thought so necessarie a truth that your denial must make Christ not so wise as Solon or Lycurgus , if he left it as a thing mutable by men , or now after so many ages of his Church to be put to the vote in their Parliaments and Synods . So sayth a friend of yours in these words . Equidem non novi , neque credam Christum , qui Dei sapientia suit , remp . suam que omnium est perfectissima , arbitrio stultorum hominura religuisse agitandam… quod ne Solon quidem aut Lycurgus aljusve quis pium Legislator pateretur . For that and the rest of your religion your Confession of faith sayth . That you are throughlie resolved by the ●…ord & spirit of God , that onelie is the true Christian sayth & Religion pleasing God & c… Gods aeternal truth & ground of your salvation… Gods undoubted truth and veritie grounded onelie upon his written word . Nay afterwards you protest and promise with your hearts under the same oath &c that you will defend the Kings person and authoritie in the deferse of Christs Euangel and liberties of your Countrey , which is ( or if it be no speake ) the same with Religion and liberties in your league . Besides all which otherwhere you blasphemouslie compare both your confessions with the old Testament and the New. That which followes wherein you moderate the first article of your Covenant , imposing an endeavour to reforme onelie according to the word of God , with out introducing Scotes Presbyterie or any other of the best reformed , unlesse it be found according to that paterne , though it served to palliate all blemi●…hes and deformities that were in it ; To invite possiblie , some well meaning people into your fraternitie , who like harmelesse bees relishing that sweetnesse , litle thought what poyson they left behinde for other venemous insectiles to sucke out ; To furnish others withan excuse ( a petiful one ) for using so bad meanes to so good an end and when it undeniablie proves the contrarie ( the same it may be they intended ) crie they were mistaken though now they can not helpe it ; Yet it may be sh●…wed to be a dubious & frivolous limitation , the same commendation your friends gave it when translated into an oath tenderd in behalfe of Episcopacie by the King , First infirming that member , and so far disinabling it from bearing part in the mater of an oath , as subjection is required unto the reforming power in a Church . Secondlie , Quitting all that swore it of their engagement every moment , if they see clearlie , or judge erroneouslie , your reforming Principals to digresse from that path . Thirdlie , either supposing your reformed religion in Scotland to be allreadie conform'd to that paterne , or else enjoining to sweare contradictions . Lastlie , If leaving every man to judge what is according to the word , and to endeavour according to that judgement , imposing an oath productive of confusion there being as many mindes as men , scarce two united in one touching Doctrine , Worship , Discipline and government . The first might be illustrated & argued from the fallibilitie and uncertaintie in the Reforming power , a maim'd Parliament & an illegitimate Assemblie then si●…ng , whom I could not be assured to have the spirit of God so illuminating their mindes , as whereby jointlie to judge the same reformation according to Gods word . Secondlie as uncertaine should I bee , seting aside all partialitie and passion , that they would declare what they so judg'd , against many of whom , if not the most having a well grounded praejudice , whether just or no maters not if not know'n to me ) I could not sweare de futuro a conformitie to their acts . In which cases wisemen advise us to abstaine …Ten apochen tou omnynai prostattei peri toon endcchomenoon , kai aoriston tes ecbaseoos echontoon to peras . Hierocl . in Carm. Pythag. and Iurant presumitur certioratus & deliberatus accedere ad actum super quo jurat , sayth the Lawyer . The second is strengthned s●…fficientlie by your words which oblige the Covenanter no farther then he findes your great worke proceeding according to Gods word . The successe whereof if no beter then in your Discipline and the Directorie , will keep no man in his Covenant , Gods word praescribing many parts of neither . The Third is evident from the very clauses in the article , where first an oath must be taken to praeserve the reformed religion in Scotland , which if not according to Gods word , is contradicted in the next that enjoines reformation onelie according to the word . And if it be then that is it wherewith a uniformitie must be made , and yet you tell us there is no such word , nor any such mater in the Covenant , About the last let every man speake his minde as freelie as I shall mine . That I hold no Presbyterian government , Scotish or other , according to Gods word That I have read of much dissension among your selves in former times , and heard of some in later . That all Papists ; all orthodoxe persons in the Church of England are jointlie for Episcopacie in the order , as according to Gods word and separatelie for it in the jurisdiction and discipline , neither holding all parts of it exemplified in the word , & so not applicable unto it , & both not the same extensive particulars in the ordinance and exercise of the Church . Besides such as you call Socinians , Sectaries , & separatists , whether individual or congregational . All which having distinct opinions of Doctrine , Worship , Discipline and Government according to the word , if not concentred in the sense of the House or Assemblie but left to their several endeavours , are sworne among them to delineate a pretie implicated diagramme of a Church . But for a farther answer to this article of your covenant . I remit you to the solide judgement of the Vniversitie of Oxford . As likewise to that of several learned men in the Vniversitie of Cambridge , who joined in one minde , & publîshed their refutation of the whole treacherous league A. 1644. Onelie I must adde what persons of knowledge & integritie say they will make good . That your Covenant came into England with some such cl●…use as this . We shall reforme our Church in doctrine and Discipline conforme to the Church of Scotland . Whereof Master Nye & his Independent friends fairhe cheated you , making that be rased out and this inserted which we treat of . By which tricke they have pack'd Presbyterie away , and yet pleade with you in publike , That they still keepe the Covenant and goe on to reforme according to Gods word . The second ground of the Bishops demonstration is no evident errour , it being an evident truth , That the principal Covenanters , Noblemen , Gentlemen and Ministers in Scotland protested to Marq. Hamilton His Majesties Commissioner 1638. when it was objected that their Covenant with their new explication was different from the sense of that 1580. because it portended the abolition of Episcopacie . That it was not their meaning quite to abolish it , but to limit it , holding out in the most material point an identitie between them . That they assured many who made the scruple , and would not have come into their covenant , unlesse they had so resolv'd them . That they might swearc the same confession , and yet not abjure Episcopal government , which the three Ministers in their first answer to the Divines of Aberdene positivelie affirmea . That thus they abus'd many , with an appearance of identitie in the mater and similitude in the end . And themselves frequentlie confessed that this Covenant was nothing but that general one applied to the particular occasions at that time . It is as certaine that the Covenant of the Rebells in all the three Kingdomes 1643. was held out at least to them in Scotland that toke it , to be the same with that they toke before , otherwise then as it must be againe applied to a conjunction with their brethren of the other two Kingdomes . Nor was there any other new emergent cause , nor was that one for any new Covenant ( and you are not to multiplie solemne oathes and Covenants , you sayd , without necessitic ) Nor is there in this the sense of any one clause that is not in the other as it concern'd your owne Nation . And the enemies with their practices , against whom and which you fram'd it , you professe to be the same , though now increased , in your praeface . All which have elements enough , beside an airie sancie , to make up your grosse errour or affected falshood in denying so demonstrable a truth . Yet that notwithstanding this imposture there is a real difference in the triplie respect which the Bishop speakes of was never hitherto denied ( as I know ) by any Episcopal writer which are many that occasionallie have mention'd it . So that his Lordship cuts not his owne vine but your fingars that will be medling with his worke , for which he may expect and will have due thankes from his friends that rightlie understand him . For how soever indeed that short confession was at first not onelie draw'n up by the Kings command , nor freelie subscribed with his hand , but obtruded violentlie upon him being devised by a partie of seditious male-contented Noblemen and Courtiers ( made such by the Clergie that were worse ) against Esme Earle of Lenox , who they hoped by this test would be discovered to be a Papist , Yet the King made a very good vertue of necessitie , and since he must impose it fi●…st upon his familieand afterward upon his subjects , being supreme could and did it in his owne sense , though it may be , oppositie to theirs that made it , the ambiguitie of the words tolerating both . To which , in that sense , he praefixed his Royal authoritie , whereas your later Covenant in yours was absolutelie against his sonnes . That in his sense was for the lawes of the Realme , the praeservation of Episcopacie , This against them for its utter extirpation . That to maintaine the religion established , which he did to the uttermost of his power . This to its destruction which it is in effecting , though it spoiles in the casting that golden calfe you intended to set up . So that the words themselves which doe not more flatlie contradict the Bishop , then they are contradict by your workes , are not so expresse for the Kings authoritie , the law of the realme and religion established , and wherein they are , such an abstruse meaning have they , as he that takes your league is ouos agoon mysteria . the dull creature that ignorantlie caries all the mysteries of your iniquitie on his backe . In the next paragraph is nothing but a branch or two of your former wild discourse , & therein a nest of small birds chattering what we often heare to no purpose , or never to lesse then here having no significancie at all in answer to the Bishops Memento , which recognizeth Q. Elizabeths indulgence , to whom your praedecessours scraped and whined for militarie assistance & ( to say no worse ) undeservedlie had it without imposing the Discipline os England . Whereas you to use the words of K. Ch. 1. ) are not to be hired at the ordinarie rate of auxiliari●…s [ much lesfe borrowed or bestowed ] nothing will induce you to ingage till ●…hose that call you in have pawned their soules to you . The Discipline & Liturgic ( which you quarell with some times because different from the English ) was obtruded upon you by no other crast and force then a plaine legal injunction , Deliberated on from the time of K. Iames's investiture in the crowne of England , approved in a general Assemblie at Aberdene 1616. ( the Liturgie I meane , the Discipline having been received long before ) read publikelie in the Kings chapell at Haly-rud-house ever since the yeare 1617. not onelie without dislike but with frequent assemblies of the Councel , Nobilitie , Bishops and other Clergie , Iudges , Gentrie , Burgesses , women of all rankes . In several other places in the time of K , Ch. 1. The alterations ( which were not of such moment as to be met with opposition , were partlie made generallie approved by the Bishops and principal Clergie in Scotland , who in the exercise of it were injoined to proceed with all moderation , and dispense with such for the practice of some things conteined in the booke , as they should finde either not well perswaded of them , or willing to be informed concerning them , or did hope that time and reason might gaine a beter beleefe of them . How otherwise your Discipline was obtruded upon the English , what free long and deliberate choyce they used ( beside the sighes and groanes of many pious soules hurried into prisons or disspersed in a miserable exile ) your owne Scots Cushi shall beare witnesse . Who , out of no ill meaning to your cause , reveales the truth of your tyrannie from the beginning… That upon your second coming in it was , when some of our Nobles tooke occasion to supplicate for a Parliament , which the King scarce durst denie for the Scotch armie , nor the perpetuitie of it afterward for no other reason… That when it came to armes the Scotes could not sit still in conscience & honestie whereupon they sent a Commissioner from their Synod to the English Parliament 1642. to move them to cast out Bishops , Then others to the King at Oxford to signe all propositions , which because he would not doe , they resolve to assist their brethren against him , whom they call the common enemie . The formalitie of an invitation was used to this purpose , but their inclination and resolution had pass'd before . And indeed your Assemblie 1642. confess'd an obligation lay upon them to encourage and assist so pious a worke , but not as you doe here onelie out of brotherlie concernment , but for securitie of yourselves , because without it you could not hope for any long time to enjoy your owne puritie & peace , which had cost you so deare . The Bishops following grounds , which he makes good to be de monstrative , doe not therefore betray the weaknesse of because they adde strength to the praeceding . What wind is in them you follow too fast after , and feed as greedilie upon as Ephraim on the East , which turnes to the same bad nourishment in you both , increasing lies and somewhat else which you may reade Hose 12. 1. And were the softest hand insensible of their substance , they would praeponderate your answers which are as deceitfull upon the weights as he that made them , and allsogether lighter then vanitie it selfe . For not a proposition is there in prosyllogisme or syllogisme that is seemes you can denie , though you scarce any where shew ingenuitie to grant . For the second , which you thinke so hard to prove let it be adventur'd thus . He that by covenant disposeth of himselfe and armes contrarie to the established lawes , which by the Kings right in him he is obliged to maintaine , disposeth of them against that rights . But every Covenanter disposeth &c. For the established lawes enjoine him to defend the Kings person without limitation or reference to religion , at least not to fight against it , which the Covenant by your practike interpretation doth oblige to . Where the power of the Militia resides His Ma●…esties unanswerable Declaration for the Commission of array will best satisfie you . And himselfe tells you trulie it is no lesse his undoubted right then is the crowne . In the exercise of it though the Parliament be not excluded , yet their power is never legallie considerable but when they are , as the bodie with the soul , in stain conjunct●… with the King. Defense of liberties hath no law to arme them against praerogative , nor is there a cause imaginable impowering them to take up armes against a partic countenanced by the Kings praesence which can be according to no law but what is call'd such by rebellious people that offer violence to Royal right . If any such there be , let us have but one impraegnable instance and we 'll shake hands . I beleeve you are not much in love with that old custome of the Frisians , long before they became Presbyters , who chose their Earle carying him upon their bucklers , and crying alowd , Haecest potestas Frisiae . You can now adayes beter indoctrinate them according to the custome of yourfaction , when praevalent , which is to admit no new King but at the swords point and there to keepe him , crying after this maner , or somewhat like it , in your proclamational libells , Haec est libertas Presbyteriales Scotiae . Yet your Commissioners when in the mood can praesent the hilt to his hand , and argue with both houses , as they did upon the new propositions , why the power of the militia should be in the crowne asking . How King●… otherwise can be able to resist their enemies and the enemies of the Kingdome , protect their subjects , keep friendship or correspondence with their allies … asserting that the depriving them of this power rootes up the strongest foundations of honour and sasctie which the crowne affords , & will be interpreted in the eyes of the world to be a wresting of the scepter and sword out of their hands . So that the Bishops friends may take from yours aswell as from him the same demonstrable conclusion he layd downe , And this for all the Kings acknowledgement , which was never any of the Parliaments joint interest in his authoritie against his person , which is the true case though you shamefullie conceale it . Nor did His Majestie so put the whole Militia in their hands as to part with his right when he bound his owne from the exercise , Nor was he sure he was not or might not seeme to be perjur'd for his courtesie ( which all Kings will not hazard ) though he layd the guilt or dishonour at their doores , whither God hath brought allreadie a portion of their just punishment that constraind him , saying . I conceive those men are guiltic of the enforced persurie ( if so it may seem ) who compell me to take this new and strange way of discharging my trust by seeming to desert it , of protecting my subjects by exposing my selfe to danger or dishonour for their safetie and quiet . Therefore what thoughts he had of your parties medling with the Militia may be best judg'd by his words . How great invasion in that kinde will state rebellion in a Parliament , when there 's any ( as there was none , at that time nor since ) shall be told you when the Bishop gives you occasion to demand it . Or if you can not stay so long , I must send you againe to the judicious Digges to satiate your too curious and greedie appetite of such fare as will not well be digested in many stomackes . To the nulling yourCovenant by His Majesties proclamation you say nothing because it separates him from the partie to which you attribute all malignance , and you know you can not securelie medle with him but in a croud . In the Bishops second demonstration we must be beholding to you for giving what you can not keep with any credit which more awes you then conscience . That where the mater is evidentlic unlawfull the oath is not binding . The application of which up to your covenant will be justified when brought to the touch by Gods lawe or the Kingdome 's . But you first summon it before reason , which helpes you with no rule . To lay aside what might be otherwise rectified , were there cause for 't . Nor any evidence that the burden of Bishops and ceremonies was so heavie as to presse you into the necessitie of a Covenant . This his Lordship need not offer to dispute , since the King ever offerd a regulation of that order and those rites by the primitive paterne wherein it otherwise differed then in a necessarie , innocent compliance with the politike constitution of his Kingdome . And the Church had render'd all rational satisfaction aswell for the ceremonies reteined as those abolish'd . And both by particular men most eminent in learning and judgement had been unanswerablie maintained in every graine or scruple that could be quaestion'd or complaind of . Yet the praesent government , how light soever , is burdensome especiallie to men that looke for advantages by the change , And the worst of men can seeme as serious in complaint as if their vertues had been the onelie martyrs to crueltie , and the very common hackneyes for oppression . Quid reliqui habemus praeter miseram animam came out which a sad sigh from Catiline before his bankrupt Comrades , who had left no such subject for rebellion to thetoricate on , if their lives had been as good pawnes in the midst of their prodigalitie as their lands . This your method of reformation , whereof the Bishop complaines for which you plead custome , failes not onelie in the maner but of the power , the most material requisite to effect it . And the high path way is not so ordinarie as you can name the Parliament that ever trod in it before , We in England having no such custome , nor indeed any where the true Churches of God as to alter religion and government without the King. To your quaestion which ever shelters fraud in universals , I particularlie answer and to our purpose 1. That the Houses of Parliament are not to begin with an ordinance for a covenant or oath , . to change the lawes of the Realme to abolish the Discipline of the Church and the Liturgie lawfullie established , by the sword ( which are the Bishops words ) before the Kings consent be sought to that beginning , much lesse when his dissent is foreknow'n of that and all proceedings in that kinde 2. An ordinance of the Lords and Commons ( without and against the King ) is no good narrant to change such lawes during the fitting os the Parliament . 3. No law nor lawfull custome of England debarres the King by dissenting to stop that change . Untill which three assertions be refuted in law , it will be needlesse to debate the qualifications and exceptions , which can be none of moment in this case against the Kings consent requisite to turne an ordinance into a law . But you take His Majesties concessions to have praevented all can be sayd in the praesent case . Behold you that kindled the sire in his breast here compasse yourselves with the sparkes of his consent which charitie would have suffered to exspire with the breath that brought them forth , or buried in his ashes which they made ▪ Yet can not you walke by the light of this fire unto the full accomplishment of your ends , His successour being not yet conveighd into any such place as Holmebye or Carisbrooke Castle where you would ●…ave him , some such fatal haereditarie confinement being the fairest apologie ( if any ) when he should subscribe so many of your unc●…nscionable desires , and write after his Father in the extremitie of misfortune , who as litle intended what himselfe accounted his failings for his copie , as he desired his undeserved miseries should be a patrimonie transmitted to him by your hands . As to the obtaining of what is lacking , your way is not so faire , in which visiblie lies the same Scripture , Antiquitie , law , reason , conscience and honour , which heretofore hindred your journey to the end of your hopes , the obtaining His Majesties plenarie consent . Who did not agree to , if you meane approve of the rooting out Episcopacie in Scotland . That he gave so much way to such wild boares as were in your Presbyterie to doe it , he afterward repented , and you rewarded him not so well , as that his Royal sonne should be encouraged to purchase sorow at so deare a rate . 2. He was not willing allthough he yeilded to have them put out of the House of P●…ercs in England and Ireland , out of a generous scorne of your uncharitable susspicion that he would have them there onelie because he was to make use of their votes in State affaires . 3 He divested them of civile power , hoping to perswade such as your Lay Presbyters , by the objections ma●…e against them , out of the Ecclesiasticall which they more irrationallie usurped . 4. He joined Presbyters with them for ordination , because he found it before seldome administred without them . But he never made them coordinate in , nor aequiparticipant of that power . He joined them sor spiritual jurisdiction ; as being a fit meanes to avoyd… partialities incident to one man. And tyrannie which becomes no Christians , leaft of all Churchmen . And thirdlie to take away from them the burden and Odium of afsaires , which was a courteous diminution in such times . How sacrilegiouslie you roh the Temple of Memorie of the pillar he set up in the period of your Treatie , and erect in the place an impious calumnie of his abolish●…ng Episcopacie totallie , name and thing will be seen by part of his inscription or ultimate answer to the Rebell Commissioners paper about the Church . The words are these… His Majestie doth againe clearlie professle , That he can not with a good conscience consent to the total abolition of the function , and power of Bishops , nor to the intire and abf●…lute alienation of their lands , as is desired , because he is yet perswaded in his judgement that the former is os Apostolical institution , and that to take away the later is sacriledge… And if his two Houses shall not thinke fit to recede srom the strictnesse of their aemanas in these particular●… , His Majestie can with more comfort cast himselfe upon his Saviours goodnesse to support him and desend him from all afflictions , how great soever , that may besall him , then sor any politike consideration , which may seems to be a meanes to restore him , deprive himselfe of the inward tranquillitie of a quiet minde . And some of his last words were . I am firme to primitive Episcopacie , not to have it extirpated , ( if I can hinder it ) He sayd indeed that by his former answer he had totallie suspended Episcopal government for three yeares , & after the sayd time limited the same in the power of ordination and jurisdiction . Which the Commissioners he dealt with so litle thought Tantamont to a perpetual abolition , that they sayd it met not with their feares , nor could praevent the inconveniences which must necessarilie follow upon the returne of Bishops , and the power which he reserved to them after that time . For that a Bishop so qualified as qualificd as ●…is Majestie expressed should rise againe then they declared whollie in his choyce unavoy dable by Parliament , if they agreed not . But behold a pretie peice of aequivocation ( call'd Anti-christian Iesuitisme by these Rabbi Presbyters of old ) to draw their dull Commissioners out of the mire and as good as inke for ivorie to wash them cleane . His Majestie suspended it till he and his Parliament should agree . All and every one in both Houses had abjured Episcopacie by solemne oath and Covenant and so in no hazard ever to agree with him . Ergo He must either agree with them , that is like wise abjure , which is abolition , or coutinue perpetuallte his suspension which is Tantamont unto it . This is very well ordered , especiallie if you call to minde somewhat else that was condition'd for viz. That twentie Divines of His Majesties , nomination being added unto the Assemblie were to have a free consultation & debate , whence it might be determin'd by His Majestie and his two Houses how Church government &c should be setled after the sayd time or sooner if differences might be agreed . A very free debate when all demonstrative reasons should be forespoken to be silenced by an oath . And a very conscionable treatie , That a faction in both Houses should be ( without the restitution of the rest that were beter temper'd ) the men that should continue siting not onelie 3. yeares but 300. if they could live so long , because sworne not to yeild a syllable of their owne tearmes . Yet because you thinke your selfe so witie in your sophistrie letme aske you . What assurance these all and every one in both Houses had to be immortal , If they were not , what you have that the new elected would be Covenanters and if they were not , by what law they could have been excluded the Houses whither they should be sent as Repraesentatives of their Electours . If admitted and so reasonable as to hearken to a possible result of the Divines debate in condemnation of Presbyterie , and vote according to it , what then were likelie to become of your perpetual abolition , or the Tantamont unto it . Such measure may you have if ever it come to treatie between you and your sectarian brethren now siting in one House , who having a●… much abjured Presbyterie that praetends for Royaltie by the engagement that hath renounc'd it , as you Episcopacie by the Covenant , may they condition for their owne confused Jndependencie three yeares and as much longer as till you and they agree , & may they tell you that can never be because they are engag'd and in no hazard to reerect the roten stooles of English Scotizing repentance , & the corrupt classes of your Presbyters , which the same sword hath ten times more justlie cut downe then it set them up . But I see your full and formal consent findes no such good footing in your fallacie , and therefore falls at length to a possibilitie of defect , which you praesume with much facilitie to have supplied His Majestie that now is hath much to thanke you for , that at the first you will make him as glorious a King as you made not his Royal father but after so many yeares experience of his reigne . That being at libertie not onelie in his person from your prisons , but in his reputation from the clogges of those calumnies you cast upon the guiltnesse innocencie of his Praedecessour you will advance him beyond all those sufferances that were Solemne praeparations to his murder , and in primo imperij momento , as in ultimo you did before , hold him by the haire , onelie not as yet permit the Independent hand to cut his throat , untill forsooth he hath taken breath to supplie that wherein his too scrupulous too pusillanimous father fainted , And then crowne him with ribbons and flowers for the fater sacrifice of the two by the giving up his honour and salvation beyond a life , the onelie leane oblation of Charles the first . But may His Majestie say you , easilie supplie what his father travaild for , without satisfaction to the uttermost limits of reason and conscience , beyond the farthest excusable adventures of any Praedecessours in his three Kingdomes or out of them , hazarding , allmost to despaire , his memorie with pious posteritie , especiallie at that distance as shall not repraesent distinctlie every angle of the necessitie he was driven to , and his soul to no other assurance of pardon then what the integritie of his repentance ( not so infalliblie haereditarie as his miseries ) and his glorious martyrdom afterwards helpt him to ? Would he thinke you so readilie but for a whisper of pernicious counsel in his eares , passe by unregarded his fathers charge to persevere in the orthodoxe religion of England , and hearken to the Devill of Rebellion whom he knowes well enough though turnd into a Angel of Reformation ? Can he so easilie , after three or fower weekes conference at the Haghe with two ignorant Presbyters , and but twice as many leaden headed Laikes , have his reason convinc'd , & his consience satisfied , which is Royal Father could not in so many yeares conversation with the ablest Divin●…s , & devout consultations had with the Living God himselfe by his prayers , and his dead , Yet livelie oracles of the Holie Word in his watches ? Or would he so readilie , without it , give up his Fathers invincible reserve to the irrcparable injurie of the Church , his people , & his heire or successour in his Kingdomes ? Was he requir'd and intreated by Charles the first as his Father and his King ( in case he should never see his face againe ) not to suffer his heart to receive the least checke against or disaffection from , the true Religion established in the Church of England . And can he so easilie , even while that pretious bloud hath dyed his garments in purple , and being the Defender's of the fayth speakes the same language and calls every morning he puts them on for the same vengeance as once did the firstborne , of the faythfull cast such requests and requisites behind him , quit the true Christian guard he is charg'd with , and desert all his constant subjects that must persevere in their religious profession according to the puritie of our canon ? Will he , rather then want , weare a crowne which is not wortb taking up or enjoining upon such dishonourable unconscionable termes ? And will he so readilie beare the infamous brand to all posteritie of being the first Christian King in his Kingdome who consented to the oppression of Gods Church and the Fathers of it , exposing their persons to penvrie , and their sacred functions , to vulgar contempt ? Will he so easilie because his treasure exhausted , his reven●…e deteind , be tempted to use such prosane reparations , if not acting , consenting to perjurious and sacriligious rapines ? Or will he so readilie instead of huckes give holy things unto sivine , and the Church's bread , not onelie the crumbes of it , unto dogs ? This his Royal Father durst not for feare a coale from Gods alter should set such a sire on his throne and his consience as could hardlie be quenched ; Nor , in all likelihood , will this ever obsequious sonne ( whom you call I hope in expectation of no such concessions , the most sweet and ingenious of Princes ) unlesse such furies as you fright his conscience away , while his tongue doubleth in an uncertaine consent , having from your pens & practices nothing but insuperable horrour and inevitable destruction in his sight . Where in if ever you unhapilie praevaile , may the same Royal tongue be seasonablie touch'd with a coale of a beter temper before the unquenchable fire of despaire catch hold of his soul , or that of vengeance of his throne . May it call for the fountaine of living waters to wash away the bloud of his slame subjects whose soules lie under the altar crying aloud for judgement , and quaestioning its delay . May that ountaine deriue it selve into the head and heart of this otherwise innocent King , and day and night flow out at his eyes in torrents of teares for himselfe ( in no soloecisine ) the Virgin Father of his people . And may at last his robes be wash'd white in the bloud of the Lambe , and God wipe away all teares from his eyes . Having payd , in dutie , this conditional devotion , which I wish as frivolous and needlesse , as your praesumption is malicious & unlikelie . I proceed to vindicate the Bishops discourse , which J can not see how in sense may be sayd to fright the Kings conscience by asserting his right and undeniable praerogative the sinewes whereof you would shrinke up into nothing . The Legislative power is not here stated or determined by his Lordship onelie the King call'd supreme Legislatour , which he is , What comment tries have been made of it , to the praejudice of the right and custome of Parliaments , shall be spoken to when you tell us which of his brethren , and what in their writings it is you meane . No right nor custome can be adjusted to them in your case , which is vowing to God , and sweating one unto another to change the lawes of the Realme &c. by the sword , without and against the King , different from the sense of your Commissioners , who would have the Legislative power , aswell as the Militia to be the Kings . For that power that can not constitute can abrogate no lawes , But they will tell you in constituting the King can not be excluded , And we inferre that no more he can be in repealing . If your minde serve you to engage farther in this dispute you were best answer the learned Grotius 8. chap. De Imper. Sum. Pot. to which I promise you my replie . In the next place , as if you were moderating a matachin dance , from seting the King and Parliament atoddes , you turne both their faces and powers aga●…nst the Praelates , whom I doe not finde His Lordship puting in competition with the King about the right of making lawes , but aggravating the injurie done them by your partie in the Parliament , and appealing to their conjcience with what justice they could covenant against the rights of a third order of the Kingdome without either their satisfaction or consent . If the whole Repraesentative of the Kingdome have thus priviledg'd the Bishops , one lame part can not deprive them of it . Their prioritie and superioritie hath been so ancient that no Lords no Commons would scruple at it , but such as likewise at the original supremacie of their King ; And therefore you may know the bill against their priviledges was five times rejected in the upper House the beter Court of honour of the two , and when the sixt time it was caried by a few voyces , it was when the most honourable persons were forced to be absent . Their share in the Legislative power hath been so great , that since any was allotted them your forefathers never heard of a law made in Parliament without them . The King may passe what he pleaseth , and what he doth so is a ●…an . The two Temporal States with his ba●…e name without his power , can make none , nor yet having it as they account it derived from his Regalitie , not his person . Ius enim serendarum legum , sive generalium , sive sp●…ciaiium , samma poteslas communicare alteri potest , a se abdicare non potest . What one orth ' other passe to the injurie of persons fundamentallie concern'd , be it law , can not be justified in conscience , which is all J take to be urged by the Bishop . But what would you have sayd if there had been such a law in behalfe of Episcopacie in England as there hath been in spaine . That no King could reigne●… ( which is more then a Parliament sit and vote ) without the suffrage of the Bishops ? Which made Ervigius upon the resignation of Bamba , that turn'd Monke call a Councel of them at Toledo , to have a confirmation of his crowne . And the time hath been in England when a difference fell between Edward and Ethelred about succession to K. Edgar & a devolution of it unto the arbitrement of the Bishops . The humble protestation of the twelve Bishops rudelie menaced and affronted did not pronounce the lawes & acts after their recesse null and of none effect in derogation to the praerogative of the King either solitarie or in conjunction with what persons soever he pleas'd to make his Legislative Councel ; but in saving to themselves their rights and interests of siting and voting in the House of Peeres , the violation of which they conceived to invalidate a Parliament at least without the Kings passing a rescissorie Act and an Act of new constitution . Because in law and practice it is usual to any who conceive themselves praejudg'd ( even in those things where Acts of Parliament passe against them ) to protest , Which , if you remember , were the words , and part of a long plea to another purpose ( though upon the same advantage of the Bishops right in Scotland ) used by those your Countreymen that alike intended their ruine , but could not colourablie offer at it without the Act anext the constitution of the Parliament . Whether the Bishops being a third order of the Kingdome , and by that craving their share in the Legislative power , be more humble then the Presbyters who take themselves to be absolute without King and two states in making all Ecclestastike lawes , and against King & two states in abrogating all civile statutes & Ordinances concerning Ecclestastical maters that are sound noysome and unprofitable , and agree not with the time … And censuring , punishing all persons , King and Parliament not excepted , I file up with the other references to your aequitable comparers , let them be the Lords and Commons you here pleade for . You may chuse whether you will grant what the Bishop takes as demonstrable . That his brethren had harder measure from the thing call'd King and Parliament , then the Abbots and Friars from Henry 8. When he devested them of their estates , Your consecutorie Beleese hath no article made up out of any of the Bishops words , Who though he could not keepe intruder , out of his palace and possessions , meanes to have no such troublesome inmates in his minde . And since you have sequestred him from his gardens , keepes out of your reach a Tarasse to exspatiate in his thoughts . He commends your eyes that can see so distinctlie such Platonical Idea's as never had existence , yet when you draw too neare commands you to your distance with the same answer that Bacchus did Hercules in the Comoedie for all his club . Meton ●…mon oikei noun , echeis gar oikeian . The Bishops last reasoning is as sound as those before , and in all is there a connexion of those parts which any demonstrative integral can require , To your first impeachment by quaestion I answer . That article of the Covenant beares the seting up of the Scotish Presbyterian government in England which is for a uniformitie in both Kingdomes , if taken with the next that extirpates praelacie viz. Church government by Bishops . For when Praelacie is downe , I pray what remaines , according to your principles , but Presbyterie to set up ? As for Scotish Presbyterie , you have often told us 't is the same with that of all Reformed Churches . And if alltogether be not according to the Word of God , after so many yeares Synods , Conferences , and Letters , what blinde Covenanters you are to sweare a league of life & death upon the like or more uncertanitie of future discoverie by a few unskilfull persons whose petie phantastike lights put together must be made a new imaginarie milkie way surpassing in a fermed singularitie of splendour any among the greater & truer luminaries in the firmament of the Church . But I have allreadie shewed how in vaine you aequivocate about that clause , which hath cost your friend Rutherford and others so much paines . What the oath of supremacie imports is evident by the words in it . ( The varietie of sences to catch advantages like side windes in paper sailes which are subject to rend in pieces being the poor policie of Presbyters that dare not stand to the adventure of plaine dealing ) supreme Governer of this Realme &c. Aswell in all spiritual or Ecclesiastical things or causes as temporal . Which the Bishops you see conceald not , though you grat●…e your selfe with the observation onelie of the other title supreme head , and accept his explication of it , which yeilding you in your contracted sense ( that might securetie afford him more capital priviledges without encroachment upon Christ or his Holie Curch ) supreme Governer takes in what your Presbyterie will never grant him , all power imperative , Legislative , judicial , coactive , all but functional , imediate and proper to the ordination or office of the Minister , which , for ought J know , if he finde an internal call 〈◊〉 a supposition drawing neare a possibilitie then likelihood and assurance to have a double portion of Gods gracious power and assistance in both administrations , he not onelie may , but must exercise as did Moses and Melchisedech , saving that without a divine institution in this spiritual function his supremacie exempts him not from submitting his head under the hands of holie Church and taking our Saviours commission with the benediction from her month . That Scotish Presbyterie is a Papacie the Bishop requires not to be granted upon his word , but to be taken before Publike notaries upon your owne the political part whereof consists in the civile primacie which ( at least by reduction ) you very considentlie assume . The Bishops contradiction , which is searce so much as verbal , will be easilie reconciled by the words of the oath which he reflects on , and his argument good against you , untill without reserves , limitations , or distinctions , you simplie acknowledge the King supreme over all persons in all causes , which would be a contradiction to this clause in your booke of Discipline . The po●…er Ecclesiastical stoweth immediatelie from God and the Mediatour Iesus Christ and is spiritual , not having a temporal head in the earth , but onelie Christ , the onelie spiritual King and Governer of his Kirke . Lasthe , No Presb●…terian is there in Scotland but counts it sacriledge to give the King what belongeth unto the Church . And whatsoeu'rit is they quit in Ecclesiastike causes is not unto the King , but to King , and Parliament , and the power in both when it informes an Act or statute call'd but accessorie by the Aderdene Assemblers , and ( that we may no longer doubt whom they account supreme ) dutie and subjection from the Prime ) which though spoken by them but of their meeting , must be meant of all causes consultable in their Synods , and is as sensibie a truth as words without ambiguitie can render it . Our of all which hath been sayd it must necessarilie follow , that your Covenant hath all the good qualities computed which needs no arithmetical proofe by weight or measure , the praemises over being coextended , with , and counterpoiz'd by , the conclusion . What you rathlie , if not praesumtuouslie , pronounce of the Bishops judgement doth but vilisie your owne . Qui citò deliberant sacile pronun●…iant . Had you brought a judgement to the contrarie of any learned Casuist to whom his Lordship appeales , or any Divine of note in Europe , which he calls for , your answer had been somewhat more serious and solide , But here your oracles of learning are all silent . We sinde it not avowed by your especial brethren of Holland and France , by no approbatorie suftrages of Leyden and ●…trecht…Omnium flagitiosorum a●…que facinorosorum circum se tanquant stipatorum catev●… habet . A guard is hath , but a blake one , such as Catilines league , and how can it have beter , wherein is sworne a conspiracie as bad ? The Bishops following vapours meeting with no suneshine of law or reason to dissipate them , will not so vanish upon a litle blast of your breath but that they 'll returne in showers of confusion upon your head . Your secret will to asteribe good intentions to the King hath by some of your packe been very stra●…gelie revealed in their expressions touching Kings , whoss very nature they have declared originallie antipathetical to Christ. This Didoclave avowes as planilie as he can , And when objected by His Grace of Saint Andrewes with your proverbial , yet mystical appendix of their obligation to the Creatuor , not to Christ the Redecmer for their crownes , is so slovenlie answered by Philadelphs Vindicatour , as any man may reade your good wil in his words , & measure the sense of your Synods by his lines , your good opini●…n of the intentions of K. Charles 1. ( Beside what you imputed to his Praelates ) may be guested by what , sometimes in print you have assirib●… unto his person . An unworthie fellow , your Countrey man that comes runing in hast with the message of your good meaning in his mouth , sayth ; His infamous & Barbarous intentions were executed by ●…eathing his sword in the bowels of his people ; And this not onctic himselve not impeding , conniving at , and giving full Commission for , in Scotland and Ireland , but in England looking upon with much delight while it was done . And that so faire were negotiations and treaties from retracting him , that it was in publike declared he sayth not byany Praelatical partie ) that he would never defist from this enterprise of persecuting Church and Commonwealthso long as he had power to pursue it . Concerning the good intentions of Charles the second , beside what jealousies you expresse by the scrupulous conditions in your proclaemation , your Haghe papers are instancies of your willing asseriptions , which call his answer strange whereby the distance is made greater then before , and farre lesse offered for religion , the Covenant , and the lawes and liberties of your Kingdome then was by his Royal Father even at that time when the difference between him and you was greatest…So that it will constraine you in such an extremitie to doe what is incumbent to you . I have allreadie told you the usual consequences of that cursed word , and what good intentions you are in hand with when you utter it . Tyrannie and poperie are twinnes engendred between your jealousie & malice , to which Independenc●…e is more likelie to be the midwife then Praelacie , and if by that hand they get deliverie at last , will besure to pay Presbytesie their dutie when they can speake . The painted declarations caries beter sense to them that rightlie understand them , which I am sure is not prajudic●…d by any paraphrase of the Bishops . Though agere pocniuntiam . Be good councel where well placed ' yet egisse non paniundum requires it not . If the con●…ience of the Court continue to be managed by the principles of the Pr●…lates , the hearts of the mist understanding shall , if they will be satisfied withall moral and siducial assurance to have that Religion praeserved which shall by reason and authoritie , aswell divine as humane , in every particular justifie it selse against all right or left handed sects and factions guiltie of superstition or prosan●…sse , & those lawes observed which appeare now to have constituted the most indifferent mno●…uous government in the world . Whereas if the conscience of the Court be deluded once into Presbyters hands it will need none of our angrie wishes to be made sensible of the change , when to be sure , it must take religion , like a desperate patient , from a sullen physician in doses of Covenants and propositions not to be disputed , and like a bedlam have lawes given it with a whip . The Bishop drawing toward the end of his discourse puts all the controversie upon trial by that quaestion which if once categoricallie answered would spare much oyle and inke for the future , giving the Magistrate to know that it is not the pen but his sword whereby this difference must be decided . But these spiders of Presbyterie will aswell be spinning webs as spitting poyson , though so thin as can't conceale the uglie shape of their soules , nor that bay which contines the intrinsecal venome of their cause . Though had they the reputation of no beter Artists then Master Baylie , the Pallas of Praelacie need not enter on the encounter , but that of Magistracie might in scorne more then envie , teare such wicked worke in peices before their face , and in justice mixed with some litle mercie to beget repentance execute Arachne's condemnation in the fable upon the authours . Of the multitude of untruths which the Reviewer , here recriminates upon the Bishop , ( that we may by one take a judgement of the rest ) the want of charitie is very unjustlie made the first , which he should have done well to have supplied in himselfe , and not so senselesselie to intimate a non realitie of religion in those reverend Fathers , who , beside the visibilitie in their practice hereto fore , and of their Christian patience in being Martyrs and Confessours for it of late , ever made a profession of that fayth which was consonant to Scripture as interpreted in the primitive purest times of Holie Church . Whereas the censure his Lordship makes of the Presbyterian phantasme is principallie because in their very covenant appeares no reformation intended but according to the word of God , without mentioning any rule or authoritie for the interpretation of that word , beside their owne humours & conceits . And the example of the best Reformed Churches , which best must be that which seemes so unto them , whether the rest yeild to it as such or no , if indeed they meane any , as it may be wel thought they doe not , but themselves , who are so superciliouslie singular from them all , as they disdaine to heare of a inclioration to be had from their example , and such Tyrants over us as they give us no other law nor reason but their pleasure for the reformation they impose , speaking to us in the language of the Pelagians to the Catholikes . Nobis authoribus , nobis principibus , nobis expositoribus , dam●…ate quae tenebatis , tenete quae damnabatis , reijeite antiquam fidem , paterna instituta , Majorum deposita , & recipite , quaenam illa tandem ? Horreo decere sunt enim tam superba , ut mihi non modo adfirmari , sed ne reselli quidem sine aliquo piaculo posse videantur . The second untruth he sayth is . That Covenanters beare no ailegeance to the King but onelie in order to Religion , which notwithstanding is the particular limitation in the Covenant , and when all was granted them but a particle of that by Charles I. they denied to returne to their allegeance without it . And the Crowne of his successour , our gracious Soveraigne , still hangs out of his reach by that thred , which their proclamation tells him in effect shall for ever keep it off till he consent . To the third I replie . That the Rebell Parliaments verbal denial makes the Bishop speake no untruth , who will tell them as the King himselfe did , That his person was invaine excepted by a parenthesis of words , when so many hands were armed against him with swords , & the Canon knew no respect of persons . The praetenses of a Popish Praelatical , and matignant faction are wip'd away by His Majestie in that chapter , to which I require a Scotich replie . The fourth is grounded upon a very false supposition , which sometimes they will not grant us , nor should we ( though too many have out of mistake too often ) grant it them , viz. That saving Bishops and ceremonies , the religion of Scotizing Presbyterians and Catholike English Christians is the same , where as there is neare , if not fullie , fundamental difference in the acception of several articles in our Creed , ( so that though we say the same words , we can not trulie be sayd to be of the same beleife ) in these at least , Christs descent into hell ; The Holie Catholike Church ; The communion of Saints ; The forgivenesse of sinnes , Besides several other accessorie tenets , where in we thinke they detract from the mercie , if not the justice , of God , reveled in Christ and the ordinarie use of his graces restored by our reden●…ption , without respect of persons , unto men . But if here , for their pleasure , they will have the true Church & counterfeit Kirke be the same otherwise then as they are differenced by the corruptions of Bishops and ceremonies , why tried they not the experiment of purging these with the alteration of the rubrike and their persons , without change of the Liturgie for a Directorie , and the abolition of their office , As their great Pope Henderson once confessed in the Earle of Arundel's tent , when General in the North. That Bishops might have been tolerated in Scotland if their persons had been such as they ought . And the Reviewer himselfe . when he wondred why the Doctours of Aberdene would not subscribe the covenant , being asked by a friend of his if he thought Episcopacie and the articles of Perth unlawfull made this answer , He never thought , nor ever would thinke them so . Whence may be conjectur'd their modest meaning to be this . That had the Episcopate in Scotland been seasonablie entailed to their tribe , so farre as they could have hindred what they pretie well promoted , their covenanting tables at Edenburgh had been taken downe , and no armie raised to purge Malignants out of the Kirke 5. The Reviewer sayth , their armes were taken for defense of just liberties , whereof religion was but one . But then it was one , and that the principal , or else when they had the Militia granted them to defend the rest , why stood they upon that , which is an argument that merelie for that , were there nothing else in controversie , they might aswell take , as keepe up armes But what shuffsing was in this businesse hath been discovered by another . That about liberties Master Digges hath learnedlie consuted . Nor will the Reviewer and all his complices be able to instance in any one law of the three Kingdomes that justifieth the subjects against the supreme power in defece of any liberties by their armes . Saint Austin and all good Christians were of another minde . Ita a plebibus Prin●…ipes , & a servis domini serendi sunt , ut sub exercitationc tolerantiae sus●…ineantur temporalia & sperentur eterna . Which I therefore cite not , as if I took it to be the Covenanters case , who did , and might have continued to enjoy all just liberties without any such defense , Yet had they not , they should have ponder'd many beter politike maximes among the heathen such as this in Plutarch cheironeinai monarchias paranomou polemon emphylion and that of Plinie in his Panegyrike . Quanto libertate dis●…ordi servientibu●… s●…tilius , unum esse cui serviant . The other horne of the Bishops dilemma is as sharpe , and it need be no sharper then the former , The danger whereof makes the Reviewer keep his distance , first not daring positavelie to assert the lan fullnesse of taking up armes for religion . And then muffling himselfe in his cloake , invaine hoping he shall not by this argument de gored unto the quicke . His spitting Atheisme in the face of Reason the native image we beare of God , will set no wisemē on gaping for extraordinarie revelat ●…s nor his false translating the Bishops sense into mere apprehensions and uncertaine conceptions make him , or theirs of his minde , worse then Pagan Secptikes in Religion . His Lordship I beleeve , grants no such postvlate as the Reviewer seemes to looke for . That every Scotish Ma●… is a Moses , & every persecuting Presbyter , before Gods ju●…gemen's have humbled him to his conversion , a Saint Paul. He conceives their Cat●…chisme or Directorie can passe for no Pentateuch nor Ap●…al Epissles and say●…h they beg the qu●… that take it to be the Gosp●… . He argues , That in asserting the lawfu●…lenes of taking armes , they justifie the Ird●…pendents that supplanted themselves , whose new light s●…ines as much like that from Moses's face as they Presbyterians new doctrine sounds like the oracles he received in the mount . That the Anabaptists in Germanie were no more Enthusiasts then the Anabaptists in Scotland , who null the powerfull operation of the sacrament , and for ought we know , may be nulls in the missionarie power to administer it . That Iohn of Leyden & his crue could not be more mad then Iohn Knox and his , nor could they have lesse reason for their militarie proceedings . His Lordship is so farre from placing the summe of Religion in every simple apprehension , that he desires the authoritie of the Chuch should take place of his conceptions untill the truth , if different from that doctrine , which is unlikelie were seald to him by some internal impression of Gods spirit . What every man is perswaded in his conscience to be divine truth he would have him praeferre before other mens apprehensions of a contrarie religion . Yet if that perswasion be dissonant from what was generallie among the primitive Christians , he would not that he should mistake himselfe to have a singular infallibilitie , nor a transscendent commission , above that of Christ and his Apostles , to take armes & force all men to his beleefe . The most certain truths , even these divine ones in religion , if His Lordship doth not , which I did not aske him , I doe thinke to be in many men that praetēd to that supernatural grace called fayth , were uncertaine conceptions , or inadvertent praesumptions , finding few so considerate of their very principles in Religion as to build them upon any so much as that subordinatie moral certanitie they might doe with good endeavour , fewer live so devoutlie as without it can reasonablie suppose God miraculouslie infuseth his revelatious to assure them . Therefore though all the truths of Christian Religion , wherein controverted , are reveal'd from heaven . Yet I thinke we are to looke a great way backe for the persons by and unto whom , immediate inspirations being now adayes very rare , nor doe we live much like the holie mortified men that were wont to have them of old . You know what Saint Ma●…tin told the Divel when he appear'd arrayed like a King , and would be taken for Christ come in triumph upon the earth . Ego Christum , nisi in eo habitu formaque qua passus est , nisi or●… stigmata proforensem venisse non credam . He would not beleeue him to be come till he saw him in the habit of his sufferings . So when we see you qualified like his disciples , wise as Serpents not craftie as foxes , harmelesse as doves , not rapacious as harpies , patient like sheep , not ravening like wolves . Delivered up to Councels , not excommunicating in Synods , scourg'd in Synagogues not disciplining without mercie in your Churches . Brought before Governers and Kings for Christs sake , not bringing Governers and Kings to mooke-tribunals for your owne . Then tell us of Divine truths , the beleefe of Moses and Saint Pauls revelation from heaven , and we will hearken to you as Angels , whom now we take to be no beter then the haereti●…es who Vincet sayth are ran●…quaedam & cyniphes , & muscae moriturae , such contemptable creatures as croking frogs , gnats , and dying flies that would buzze what mischiefe you can before you leave us , and make the oyntment of the Apothecarie stinke with the corruption of your writings when you are dead ; The second part of your apologie is most false both thesei kai hypothesei 1. Because subjects have no armes , while the Magistrate is in being to hold the sword , put into their hands to defend their religion and liberties how legallie soeuer established , They have onelie pleas by that law to claime them , and petitions of right or aequitie to put up unto the Magistrate to maintaine them . 2. If they goe beyond defending themselves in their religion and force others to enter into their league & covenant though contrarie to their conscience , this is no other then planting of religion by armes . And if the difference in any point of religion be such as to state the Magistrate in a condition to be put to death by his subjects , as it doth , in your sense , when he joines in worship with Papists & Praelates , whom you make idolaters , and idolatrie death unpardonable ; this is cutting the throates of all Magistartes . And this is maintained to be just and to have the ground of Gods ordinarie judgement by your Patriarch Knox. And to be imitated of all those that praeferre the true honour of the true worship and glory of God to the affection of flesh and wicked Princes . Your hypothesis is false , because the religion and liberties of your Covenant in England were never established by law , and what was so established was never usurped by Papists Praelates and Malignants , And if it had been , from so good a King redresse had probablie been procured upon just complaint without taking armes . To your third I replie , That the Bishop gives no judgement , makes no mention of the Protestants Armes in France Holland and Iermanie , compares them not with the Anabaptists in Munster or Sectaries in England . If you can once perswade them to espouse your quarell , ( for which you have begg'd long enough at their gates by this time ) or publish a parallel between your taking up armes and their owne , the praelatical partie will make no difference between you , but give alike judgement against you all . In the meane time the maximes they give are rational and divine , & they are brutes or Atheists , divested allreadie of all religion and reason , who praeferre them not to the Presbyterian enthusiasmes , who give out for Michael the Archangels revelations what counterfeit impostures Morpheus puts of to them in their dreames . Touching a general Councel , with a wish for which His Lordship piouslie concludes , No Covenanters goe before him , nor will set one step after him in that desire , who most uncharitablie make three parts of fower in the Christian world Antichristian , and so no constitutive members of such a meeting . An occumenicke Synod of Protestants would un doubtedlie condemne them , which is most shamefullie praejug'd to approve of the rebellion and murder in their Covenant . Nor can their Principals , in honour , be silent at such an horrid impious praesumption publickelie printed & imputed to them . The Bishops ae his brethren have declined no solemne assemblies of their owne countreyes . those so called were factious schismatical conventicles illegallie gathe●…ed & composed of such mushromes as how numerous soeuer , durst noe admit of twentie Praelatical Divines into debate , lest they should be squeez'd into a litle spungie earth & winde ( their originals ) having no substantial worth or abilities to support them . You need not pray the Warner to speake unto the question you put , since you have his answer before hand without asking , viz. That its worth the enquiring ( even in such an Oecumenicke synod ) whether the markes of Antichrist doe not agree as eminentlie to the Assemblie General of Scotland as to the Pope . He mentions some that plainlie doe , & meanes , it may be as much of all the rest . To the charge in a Christian Councel they would answer . That they are able to evidence before God & the World , That all bloud & miserie drawn from , & brought upon , the former King & his Kingdomes must be cast upon the Covenant & General Assemblie in Scotland , who will never cease to embroyle all in new calamities untile they be destroyed . That if this King & his whole familie resolve not to prosecute Gods cause , which the former did with much Christian courage unto the death , they hazard the tearing their crownes into more peices then the miters , & the demolition of their thrones beneath that of the Praelates chaires , To conclude all . The Reviewers breath , though violent enough , becomes in vaine so definitive , as to perpetuate persecutions against the providence of God , whom the Bishops looke upon as a potent Protectour of Kings , & a mercifull repairer of the breach made in his Church by their owne ruines . Their resoluti●… , may be justlie peremptore to persevere in their opinion of the Scotish Presbyterian crueltie to be such That as they , have burjed their Bishops alive , conniv'd at , & if , not countenancd , the Massacring their Kings ; so their endeavour will not be wanting to scater the ashes of t●…e Royal familie & three Kingdomes on their graves , Though their consistorian fourmes , & repenting stooles with other luggage be next cast into the flames first kindled by themselves . The mysteries of their religion being murder & dead monuments such as never made those heathen the summe of whose devotion Clemens of Alexandria comprehended in two words . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . FINIS . Errours to be amended . Epist. Ded. pag. 3. line 18. Reade , she or her Ancients . Ans. to Ep'Ded . p. 2. l. 8. for common shoare , r. com . fewer . Ibid. l. 9. for power , r. paper . p. 3. l. 6. for and , r. &c. p. 6. l. 16. for comfort , r. confort . l. 38. for burning . r. warning . p. 7. l. 18. for both , r bold . l. 36. for must . r. most . p. 8. l. 20. r. deceitfull lovers of themselves there are . p. 9. l. 35. r. two or three such words as . p. 11. l. 32. for late , r. babe . p. 16. l. 13. for Reviewer , r. Reviewes . Acolut . p. 8 l. 13. for own , r. owned . p. 13. l. 30. for otherguede , r. otherguesse . p. 19. l. 37. for literal , r. liberal p. 20. l. 8. for apposed . r. opposed . p. 21. l. 15. it delcatur . p. 22. margin , for Chaldaeos , r. Culdaeos . p. 26. l. 10. for then , r. they . l. 11. for all r. a. p. 29. l. 1. for Hierambieorum , r. Hierarchicorum . l. 25. for buselie , r. basilie . p. 31. l. 30. for in that , r. & that is . l. 41. for anomia ergapiria , r. anomias ergasteria . p. 37. l. 17. for stake , r. sticke . p. 38. l. 19. for acknowledge , r. acknowledged . p. 40. l. 2. for reasonable , r. treasonable . p. 45. l. 19. for Vnitglupteu , r. Vuygeastein . p. 48. l. 36. After Oecumenical , adde Councel . p. 53. l. 37. for asgle r. aire . p. 59 l. 24. for acconsequential , r. unconsequential . p. 60. marg . for to excom . r. no excom . p. 60. l. 29. for too rigid . r. to rigid . p. 64. l. 32. for halls r. heeles . p. 68. l. 20. for triel , r. Ariel . p. 72. l. 11. for then , r. them . p 73. l. 3. for as , r. is . p. 78. marg . for vicitie , r. nicitie . p. 80. marg . for 493. r. 1593. p. 81. l. 34. r. ( though but in the time ) Ibid. marg . r. The Bishops Sunday toleration . p. 48. l. 10. pro libra , r. litera . Ibid. l. 12. for jura r. dura . p. 85. l. 19. for papists , r. pupills . l. 33. for its . r. in . p. 86. l. 14. for coloural , r. colourable . Ibid. marg . r. Scotish Presbyterian reformation from &c. p. 87. l. 7. for latewarmnesse . r. lukewarmnesse . l. 13. for too . r. 100. p. 88. l. 1. for session , r. cession . l. 14. for Murre , r. Marre . marg . for Ruthuer , r. Ruthuen . p , 92. l. 21. for servidi , r. fervidi . p. 94. l. 9. for scrive . r. transscribe . p. 57. l. 1. for then , r. them . p. 101. l. 39. for superintended , r. superintendent . p. 11. for masters , r , maters . marg , for contracted , r. confuted . p. 117. l. 14. guerts . r. Masters . p. 121. l. 6. for indiscreet , r. in discreet . p. 122. marg . fuos , r. suo . p. 126. l. 9. for on , r. or . p. 127. l. 31. r. from whom I expect &c. p. 142. l. ●…9 . for cession , r. succession . l. 40. for successis , r. successio , p. 145. l. 40. for Autoraniei , r. Autouranici . p. 148. l. 39. for & r. &c. p. 149. marg . for sudunt…astragatus , r. sudunt astragalis . p. 152. l. 35. for pallea , r. paleae . for Affltu , r. Afflatu [ with no point before it ] p. 127. marg . for togodaedali , r. logodaedali . p. 153. marg . for odificentur in rumam , r. aedificentur in ruinam . p. 155. l. 41. for manitates , r. inanitatis . p. 157. l. 16. for if , r. it . l. 41. for mission , r. omission . p. 159. l. 40. for doubte , r. double . p. 162. l. 14 , for forming , r. foming . p. 163. l. 1. for too , r. so . p. 165. l. 13. susplicates , r. supplicates . pag. 169. l. 6. r. to the Bishop . pag. 175. l. 83. for to , r. so large . Ibid. marg . for a estes quos sidem ea vocant , r. testes quos sidemen vocant . for minus , r. munus , p. 177. marg●…for spirationes , r. conspirationes . p. 175. for many leaves , r. may leave . p 180. l. 5. for quae , r , quia p. 181. l. 26. for quis pium , r. quispiam . p. 182. marg . for homonymus subscribentiam . r. homonymoos suscribentium . p. 185. for momfeia , r. monscia Aristoph . p. 187. l. 38. for up to , r. unto . p. 188. l. 14. for which , r. with . p. 191. l. 14. for guittnesse , r. guildesse . p. 155. l. 15. for fermed , r. feigned . l. 34. for neare , r. nearer a possibilitie then likelihood , p. 157. l. 13. for faire . r. farie . marg . for Cosque , r. Eosque . p. 198. l. 11. for bay , r. bag . l. 35. for inclioration , r. melioration . marg . for vide , r. vive . for se short causes , r. see short conses . p. 200. l. 40. for Anabaptists , r. Abaptists . p. 201. l. 16. for were , r. mere . TO THE READER . I Am necessarisie to advertise you , That if you be notvery conversant in the R d Bishops Warning and his adversaries Review before you enter upon my replie , you will in the end be as unsatisfied about the true state of the controversie , as all the way offended at the incohaerence of the paragraphs or periods in the booke , there being , to ease the Printer , not much to advantage me , very litle inserted that mine relates to , which notwithstanding is penned as if you had the other perpetuallie in your sight . The credit I claime to have given to several historical circumstances of a Countrey , which I yet never saw , wherewith I could not be furnished from printed bookes , is upon the sufficient assurance I have of the fidelitie and abilitie in such persons as are natives , whom I consulted as oracles in many cases , and received their answer in no darke ambiguitie of words ; But layd downe positivelie in their papers , which if their indifference had been the same with mine : I should have published with their names , whereby to put out the envious mans eye and keep curiositie from a troublesome impertinencie in enquirie . I shall make no apologie at all to you for my engagement in the dispute , having allreadie done it where more due . I shall brieflie this for some tantologie , much indecencie and levitic in my language , Desiring the first may be imputed to some necessitie I was cast upon by the Reviewers frequent repetitions , and some difficultie to recollect what expressions had passed from me with the sheetes , most of which I was to part with successivelie as I pennd them at several distances of time and place reteining no perfect copie in my hands . The second is that dirt which did sticke like pitch unto my fingars while I was handling the fowle Review , and so hath defild my booke . The third came from no affectation to be facetious , for which I am litle fitted , yet thought I might as well sport it as a Divinitie Professour in his chaire , who having it seemes , made hast to the second infancie of his age , or reassumd his first , would never , it may be , have been at quiet , unlesse I had rocked him in his cradle , or play'd a litle with his rattle . The strange misse-takes many times introduced by his ignorance of our tongue that in my absence praepared all for the presse are rectified with references to the pages where . Which amendments in favour of your selfe aswell as justice unto me should be at first transplanted to their several colonies by your pen. The Greeke leters that have lost their grace by the Latin habits wherein they are constrained to appeare , being crowded here and there out of all significancie and order , & so left at large , have their authoritie made good to the full sense of the commission they brought with them , every where by the English Interpreter or Paraphrast when you meet them . Which intimated , I have no greater courtesie to crave from you , if one the Revievers impartial and aequitable comparers , then to hearken to truth and reason , and to signifie what you finde here dissonant from either , which I promise you shall be acknowledged or amended Adieu . Your R. W. A Table of the Chapters . CHAPT . I. THe Scots bold addresse with the Covenant to K. Ch. 2. Their partie inconsiderable . The Bishop's method , language , and matter asserted . The quaestion in controversie unawares granted by the Reviewer . Page 1. II. The Scotish Discipline overthrowes the right of Magistrates to convocate Synods , and otherwise to order Ecclesiastical affaires . 10. III. The last appeale to the Supreme Magistrate justisiable in Scotland . 41. IV. Seditious & Rebellious Ministers in Scotland seldome or never censured by the Assemblie . 47. V. The Discipline exempts not the supreme Magistrate from being excommunicate . 57. VI. Kings may sometime pardon capital offenders , which the Disciplinarians donie . As they do their Royal right to any part of the Ecclesiastike revenue . 59. VII . The Presbyterie cheates the Magistrate of his civile power in ordine ad spiritualia . 65. VIII . The divine right of Episcopacie beter grounded the●… that pratended in behalfe of Presbyterie . 93. IX . The Commonwealth is a monster when Gods Soveraignite in the Presbyterie contradicts the Kings . 113. X. No concord between Parliament and Presbyterie . 116. XI . The Presbyterie cruel to particular persons . 124. XII . The Presbyterie a burthen to the Nobilitie , Ministrie , and all Orders whatsoever . 130. XIII . The Bishops exceptions against the Covenant made good , & this proved . That no man is obliged to keep it who hath taken it . 176. An Alphabetical Principal Table of the Contens . A. THe Disclplinarians rebellious proceedings in their persecution of Arch. Bp. Adamson . Pag. 43 Poenitent adulterers not necessarilie to be put to death . 169 Litle aequitie in the Reviewers debates & treaties . 190 Alteration in Religion or Church Government unsave & sinfull while conscience is doubtfull . 95 They may be feared to be unchristian that call us Antichristian . 145 Trivial debates among Scotish Presbyters about apparell . 125 The Reviewer dares not speake out to the Bishops quaestion about taking armes for religion . 198 That & Libertie no justifiabie praetenses for taking armes . 201 The Pr : Scots that did , no more excusable then the Anabaptist in Germanie . ●…00 They are planters of their misse-named Religion by armes . 202 K. Ch. 1. had just cause to march with an armie toward Scotland Ans. to Ep. Ded. 9 The Pr. Scots had none for their invading England . Ibid. 11 Their General Assemblies Disobedience to the Kings command , 1●…79 . 12 The incohaerent excuses therof . 13 The rebellious Assemblers at Aberdene 1605. 16 Appeales in Scotland to the King. 32 And so the ultimate of them every where elce . 41 The proceedings against them no other then legal . 17 Wherein the E. Dunbar caried himselfe impartiallie and noblie . 23 Assemblies summoning the people in armes upon the trial of Popish Lords . 92 Collusion and violence in the election of Members for Assemblies . 133 Why so many Burgesses and Gentlemen in them . 134. 135 B. TReason by statute to impugne the authoritie of Bishops , being one of the three Estates . 19 Bishops perpetuall in Scotland . 21 The calumnie against the three Bishops consectated by the Arch-Bishop of Canterburie refuted . 22 How the Difference hapened between the E. Argile & the Bishop of Galloway . 141 Our Bishops contest not with King and Nobles . 140 Their praecedence and place neare the throne . Ibid. Officies of State. 141 The Antiquitie , &c. Of Bishops justified very judiciouslie by Dr Ier. Tayler , Whose booke is an antidote against the poyson of all the Reviewers objections . 102 Bishops Apostles . 106 Evangelists , Prophets , Pastours . 107 Doctours . 108 Bishops & Ceremonies no burthen . 187 The Bishop of Derrie's prudence , no boldnesse in the publication of his booke Anf. to Ep. Ded. 2 Very seasonable . 1 In it His Lordship is no slanderer of the King. 4 Blackes rebellious case . 53 Baleanqual , Bruce & other Ministers guiltie of raising the tumult . 56 Blaire and his complices justlie banished out of Ireland . 51 Bothwells notorious crimes . 61 Bruce's bold speach to the King about E. Huntley . 63 The Bishops appeale in the Assemblie at Glasgow not derogatorie to the Kings personal praerogative . 45 C. CAlderwood's ridiculous reverence of Bruce's ghost . 139 E. Cassils demeanour Ans. to Ep. Ded. 1 Canons infirming the Reviewer to be an aceuser of the Bishop . 48 Publike catechizing of Masters and Mistresses indecent . 171 Not very necessarie before their receiving the Sacrament . Ibid. The Kings Chaplanes use no Court artifice , but what becomes such reverend worthie persons in their places Ans. to Ep. Ded. 4 A proposition of trial to be made whether Christ's scepter must be swayed by Bishops or Presbyters . 100 The difference between us & the Church of Rome about ceremonies . 98 Iurisdiction of Commissaries . 52 The Kings Commissioner how off ronted in Pr Sc. Synods . 134 Riot in Scotland to get downe the High Commission Court. Which was not so tyra●…nical as the Pr. Consistorie . 173 Wherein is more rigour then other where among the Resormed Churches , 174 The adventurous concessions of K. Ch. I. extorded by the necessitie or difficultie he was brought to . 104 K. James's dislike of the Scotish short confession . Many unjustificable praetices about it . 14 Conscience not bottom'd onelie up on divine right . 95 Contrarietie of commands at the same time ordinarie under Scotish Presbyterie . 114 The Reviewers fallacie to salve it in the case of the French Ambassadours . 115 His ignorance of the true stated controversie between vs and the Church of Rome . 8 His cunning in altering the true state of that between the Bishop and himselfe as in many places so . 30 K. Ch. 1. invaded not the Scotish Consistorie , his condescensions leaving them contended . 190 The Reviewers uncharitable interpreting Mr. Corbets's end a punishment from God. 3 Particulars about framing the English-Scotish Covenant . The persons by whom &c. 177 How dishonourable it is to the English that approved it . 179 The Reviewes's abominable affected falshood in defense of it . 180 His impudence in preaching at the Hage that nothing at all had been objected against it . Ans. to Ep. Ded. 7 How destructive it is to the Royal line . Ibid. 12 How the same with that of K. Iames 1580. 183 How it divers from it . 184 Foraigne Presbyterians asham'd to countenance it . 196 The ambiguitie of the words in it leaves religion to the libertie of their conceits , that take it . 198 Covenants unlawfullie taken are more unlawfullie kept . 177 The Praelates docline not the judgement of Councels . 202 No inhaerent right in Courts to nominate Commissioners for intervalls . 123 Spirituall crucltie in the prayers of Scotish Presbyters . 125 Their temporal crueltie , as much as they praesume , may by Gods providence be restrained . 203 The Court conscience will , if the experiment be tried , soon finde the difference between the Episcopal and Presbyterian Clergie . 197 D. NO defensive armes for subjects . 40 Court of Delegates neither unbeseeming , not unreasonable . 43 K. Iames's Declaration 1584. How by His Majestie subscribed . 51 The Pr. Scots imprudence as well as injustice &c. in delivering up K. Ch. 1. to his murderers . Ans. to Ep. Ded. 14 The old grudge that mor'd them to it . Ibid. 15 The same newlie conceived against K. Ch. II. Ibid. 15 The difference between Vs and Scotish Presbyterians is more then in Bishops and ceremonies . 199 The Sc. Discipline omits what the ancient Canons had among the cases of Ministers deprivation . What it hath conconcernes more Presbyters then Praelates . 67 It playes the tyrant over the consciences of the people . 124 Divine attributes profaned in asscribing them to the Discipline and Assemblie Acts. 100 Covenanters missetake the Discipline for Christs institution . 180 No legal establishment in Scotland of the first booke of Discipline . 18 K. Iames's consent to the second booke of Discipline how improbable . 24 They anticipate the law in the exercise thereof . 27 The English Discipline long since setle●… by law in Scotland and our Liturg there used . 16 That of the Pr. Scots obtruded upon England . Ibid. Divine right pleaded for Presbytere frustrates all treaties . 96 Episcopacie wants no Discipline aequivalent to that in the Scotish Presbyterie . 175 Our doctrines about real praesence , justification , free will , final apostafie , praedestinatîon , breissie touched . And a quaestion propounded about Davids case . 98. 99 Dowglasse that murdered Capt. I. Stuart kill'd in Edenburgh high street . 21 E. OUr Episcopacie not reputed Antichristian by other Reformed Churches . Ans. to Ep. Ded. 3. 50 K. Ch. I. suspended the jurisciction of Episcopacie in Scotland for no crimes . No full and free Parliament that voted in downe in England . 9 Episcopacie no obstruction to the Kings peace . Why it may not be lay'd aside . 40 What right it hath to become unalterable . 94 The reasons of K. Ch. I. well bottom'd . 95 Some particulars about the historie of Scotish Episcopacie . 111 Abolition of Episcopacie is not that which will ever give the Pr. Scots satisfaction . 165 K. Ch. I. in his largest concessions yeilded not unto it . 188 The asserrours of the Magistrates just power misse call'd Era●…ans by the Reviewer . 6 Erastus's Royal right of Church government can not untie the Kings conscience if streightned . Nor is that onelie it the Bishops praetend to . 97 The Sc. Discipline exempts not Kings from being excommunicate . 57 Excommunication not mean'd by delivering up to Satan . 110 Ignorance no ground for the execution of it . 172 The Scotish Presbyters practice touching excommunication litle lesse rigid then their canon . 227 The inconveniences that follow to be imputed rather to the Kircke then State. 128 Impunitie no good ground for excommunication . 61 The Kings pardon quitting poenitent malefactours . 65 F. SCotish Presbyters much too busie in private families . 175 Fayth not so common , if such a grace as ordinarilie it is defined . 201 Church Festivals not legallie abolished in Scotland . 18 Crueltie toward fugitives . 129 G. GIbson's insolent speaches unto the King. 21 The Assemblie's juggling in his case . 52 Gilespie's theoreme for resisting Magistrates disclaimed by no Assemblies . The substance of it the sense of many . 37 The King why concerned to be cautelous in his grants to the Presbyterian Scots . 5 The Bishops Office entirelie authorized in the Assemblie at Glasgow 1610. 23 H. THe proceedings against D. Hamilton's late engagement discussed . 70. 71. &c 115. 117. &c. Mr. Henderson's speach of Bishops . 199 E Huntley's case truelie related . 61 I. K. Iames a greater Anti-Presbyterian then Anti-Erastian . 64 The Praelates title to Impropriations and Abbey lands beter then that of Presbyters . 137 Presbyterian indulgence in cases of sedition and rebellion . 47 Their monstrous ingratitude for the too liberal graces of K. Ch. I. 104 The Kings concessions to the Irish more justifiable then the other could be to the Scotish Presbyterian demands . 146 The Pr. Scots endeavours to impose their Discipline upon England . 5 The Assemblie at Westminster having no power to authorize it . 6 Many of the Presbyteries in Scotland have very unfit & unable Iudges . 174 Iurisdiction Ecclesiastical sloweth from the Magistrate . 34 Sc. Presbyters usurpe Civile jurisdiction . 69 No power of jurisdiction in what the Reviwer misse interprets the Church . 108 Nor in a companic mot together . 109 K. THe election of a King not originallie justifiable in any people . 164 K. Ch. I. not inclinable , though by counterseit promises praevail'd with to cast himselfe upon the Presbyterian Scots Ans. to Ep. Ded. 12 His writings not interlined by the Bishops . The Reviewers commendation of them unawares Ibid. 〈◊〉 K. Ch. II. hath expressed no inelination to the Covenant . If any praeventive disswasion of His Majesties from it hath been used by the Praelatical pattie , it was a dutifull act of conscience and prudence . 149 His Majestie can not so easilie , will not so readilie grant what his Royall Father denied . 191 Scots Presbyterians never seriouslie asscribed any good intentions to K. Ch , I. nor . 2. 197 L. MOre learning under Episcopacie then Presbyterie . 150 The King supreme Legislatour . 193 The Bishops share in making lawes as great as any one of the three Estates . Ibid. Our Liturgie why read . A parallel of it with primitive formes fiter then with the Breviarie . 156 The Church of Scotland hath had a liturgie not onelie for helpe but practice . 160 The Presbyterians hypocritical use of it . 161 M. THe Magistrates definitive judgement in Synods owned by the Reformed Divines both Praelatical and Presbyterian . 28 Sc. Presbytetie will have Magistrates subject to the Kirke . 120 Presbyters why against clandestine marriages . 166 Consent of Parents how to be required . Ibid. No obedience due to them commanding an unjust marriage . 169 The Bishops cautelous in giving license for clandestine marriages . 170 Gods mercie in praeserving Arch-Bishop Maxwel falsified by the Reviewer . 3 The businesse about the Spanish Merchants sophisticated . 80 Sc. Presbyters controllers in the Militia . 79 The power of it in the King. 186 Pr. Ministers rebellious meeting at Mauchlin moore . 119 They exceed their commission . 121 Their power with the people dangerous to the government . 122 Their rebellious proceeding in the persecution of Arch-Bishop Montgomerie and Arch-Bishop Adamson . 43 The murders & other prodigious impieties acted by the Sc. Presbyterians in prosecution of their ends . 82 The scale of degrees whereby they asscended to the murder of K. Ch. I. 38 Which might have been foreseen by their propositions , never repealed . 76 Murder may be pardoned by the King who hath been petitioned in that case by the Disciplinarians themselves . 60 N. THe King 's negative voyce justified as well in Scotland as England . 77 What is the power of his affirmative . 78 The Sc. Presbyters gave the occasion and opportunitie for the Nobles to get the Ecclesiastike revenue . The Episcopacie more then titular they kept up . 15 Presbyterie more oppressive to the Nobilitie & Gentrie then Praelacie . 130 Noblemen why chosen Elders . 〈◊〉 131 Where such , how slighted by the Presbyters . 139 O. SC. Presbyters assume the arbitration of oeconomical differences . 68 The Officers appointed by Christ in his Church need not be restrained to the number of five . Nor those taken to be the same the Presbyterians would have them . 106 The Officials Court a more competent Iudicatoric then the Classical Presbyterie . 132 No power of ordination in the Presbybyterie . 108. 142 No comfortable assurance but from Apostolical succession & Episcopal ordination which Presbyterians want . Ibi. The Sc. Presbyterians trial before ordination more formal then truelie experimental of abilitie in the persons . 150 The qualification different from that required by the Bishops . 152 The original of the pretended oath taken by the King for securitie of the Sc. Discipline . 163 P. THe Sc. Assemblies decrees to be ratified by Parliament . 24 As those of our Convocations . 32 Presbyterie makes Parliaments subject to Assemblies . 120 The Parliament of Scotland in no capacitie to make demands after the murder of the King. 163 Presbyterie hath no claime to the Church patrimonie given by Episcopal founders and benefactours . 25 Their disputes with Princes about Church revenue . 63 The original right of patronage in Lay persons . 136 Peirth Assemblie 1596. 111 Provision under Episcopacie against the povertie of such as are ordained . 153 The Praelats still of the same minde rhey were about the rights and priviledges of Bishops . 103 Reason of bidding prayer before sermon . 159 In the Canon forme is no prayer for the dead . 160 Set formes of no use to beginers that pray by the spirit . 161 The gift of prayer in the Pater Noster . Ibid. Presbyterians divided about prayer . 162 The injuries by extemporarie prayer . Ibi. Presbyteries when , and how , erected in Scotland Bishops to praeside in them . 20 Christianitie at its first entrance into Scotland brought not Presbyterie with it . 22 Fallacie in the immediate division of religion into Presbyterian & Popish . 53 No authoritie of Scripture for the many practices of Scotish Presbyterie . 101 Litle knowledge , labour , or conscience shewed in Presbyterian preaching . 154 Scotish Presbyterians beter conceited of themselves then of any other Reformed Church to which yet they praetend a conformitie in their new model . 198 K. Iames's speach concerning Scotish Presbyterie . 30 How a King may , and when , exercise the office of a Priest. 195 Sc. Presbyteries processe for Church rents . 33 The same fault under a different formalitie not to be twice punished . 126 Q. K. Iames's 55. Quaestions . 111 R. REading Ministers usefull and justifiable in our Church . 154 The Praelats doe not annull the being of all Reformed Churches . 143 Though they have no full assurance . 144 The Reviewers speach of Bishops and Peirth articles . 199 The Church of Rome true , though not most true . 145 A rigid separation from her in many things needlesse . 146 Assemblies can reforme onelie according to canon , not the canon . 84 The Primitive Christians reformation different from that of Sc. Presbyterians . 85 That of the Church of England began rather at K. Edw. VI. then Henr. VIII . 86 The Parliament can no●… reforme without the King. 188 Resistance against the person of the Magistrate can not be made inobedience to his office . 35 Reviewer willfullie missetakes the scope of the Bishops booke . 45 His barbarous implacable malice against the dead . 49 A riot under praetense of taking a Priest at Masse . 91 Abetted by Knoxe with his confessed interest in many more . 92 The Pr. Scots must bring beter markes then their bare words for revelations . 201 S. FOraigne Presbyterians tolerate more libertie on their Sabbath then the Bishops on our Sunday . 50. 125 The hypocritical superstition of the Sc. Presbyters in the sanctification of their Sabbath . 81 Offenders quitted to be admitted to the H. Sacrament without publike satisfaction in the Church . 126 False measures &c under colour of scandal not to be brought into the cognizance of the Church . 66 All civile causes are brought before the Presbyterie under the pretense of scandal . 170 The Pr. Scotish partie inconsiderable . 2 They gave beter language to our Bishops heretofore then of late . 8 Carefull Christians will finde litle leisure on weeke dayes to heare many sermons . 157 Sermons not to exceed an houre . 158 Those that are Rhetorical may be as usefull as many meerlie Textuarie . 159 St. Claud Somais no Countenancer of the late Kirke proceedings Ans. to Ep. Ded. 4. 111 The Sc. Presbyterians coordinate two Soveraignities in one State. 113 Two Scotish Kings at one time avouched by A Melvin . 114 Capt. Iames Stuart vindicated at large . 87 Superintendents aequivalent to Bishops 23 Imperious supplicates from the Presbyterie . 26 Rebellion the subject of most . 165. 179 The Kings supremacie impaired by Presbyterie . 27. 195 Placed upon the People . 29 Scotish Presbyterie overthrowes the right of the Magistrates convocating Synods . 10. 30 Synods where the Magistrate prohibited them . 31. 36 Receiving appeales not the principal end of calling Synods . 132 Noblemen to have no suffrages in them but when sent thither by the King. 134 T. THe by-tenets of the Discipline . 3 The Texts of Scripture urged against Episcopacie , for Presbyterie , answered . 105 . &c . The Presbyterians treason at Ruthuen . 88 At Striveling . 89 V. FAmilie visitations commendable aswell in orthodoxe Priest as Presbyters . 173 The Reviewer much in love with the uncleanlie metaphore of a vomit . 176 W. ACcording to the Word of God a more dubious and frivolous limitation in the Covenant them heretosore in the oath for Episcopacie . 181 FINIS . Notes, typically marginal, from the original text Notes for div A62502-e390 1 S●…n . G●…r . 16. 7. D●…ar . Parl. 1648. &c. Assemb . G●… A●…no 1556. Notes for div A62502-e690 Can. 50. Ench. cand . S. min. ex decr●…o sal . The Edit . Gron. 1645. pag. 161. Los ordiu●… Eccles. printed at Geneva 1562. pag. 66. pag. 20. Pagin . 20. Pag 9. Pag 11. Octob. 20. 1597. Ass●… . Abberd . 1600 1 Book dise . 1. held . Ass Dun. 1580. Patl. 1584 1 Book discip . 4. and 6. head . Anno 203. 1606. Ass. Glasg . 1610. Parl. Edenb . 1612. Ass. Edenb . 1590. 2 Book disc . Chap. 9. 1 Book disc . 6. head . Ibidem . Ibidem . Ibidem . Ass. Edenb . 1 6 4 7. Ass. Glasg 1 5 8 1 Ass. Edenb . 1 5 9 0 Ass. Edenb . 1 5 9 1. 1 〈◊〉 Book disc . Chap. 7. 2 Chap. 12. 3 Ass. Edenb . 1 7 0. a Book disc . Chap. 7. Chap. 12. 2 Book disc . Chap. 1. Theorema●… III. imp . Edenb . 1 6 4 7. decreto Synodi Theor. 4 Theor. 8. The●…r . ●…2 . Information from . S●…t . ●…nd p. 19 Theor 98. Theor. 82. Theor. 96. T●…r . 50. 5●… . Ibid. 2 Book of disc . ch●… . 10. Theor. 84. and 85. Ibid●… . Theor. 43. Theor. 97. Theor. 88. Theor. 82. 2. Theor. 82. 3. Theor. 91. 92. Notes for div A62502-e2550 2. 1582. Ass. Saint Andr●…ws , 1582. Ass. Saint-Andr●…ws . 1582. Notes for div A62502-e2770 〈◊〉 Eccl. Ord. pag. 14. D●…c . 15●… a Book di●…c . ch●…p . 11. At Ed●… : 1587. Minster ●…vid B●… 1596. Notes for div A62502-e3640 4 1 Book d●… . 7 he●…d . 2 Book d●…c . Chap. 〈◊〉 . Th●… . 〈◊〉 . Notes for div A62502-e3900 9 1 Book disc . ●…d 9. Ibid. Ass Edenb . 1594. Parl. Ed. 1594. Gen. 79. 7. Vindication of Commissioners Jun. 6 1648. Notes for div A62502-e4200 6 1 Book dise . 7. head . 2 Book dise . Chap. 7. 1 Book disc . 〈◊〉 . head and Th●…r . ●…3 . Theor. 47. 4●… Vindicat. com . p. 6. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 knowledge . 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 1648. Theor. 63. vindication . p. 5. Humble advise Edchb. Iune . 10. 2●…48 . vindication . p. 8. Ass. Dund . 1593. Ass. Fd●…b 1567. 〈◊〉 Book dise . ●…h . 7. Vindication p●…g . 11. 〈◊〉 10. 1582. 1583. Ass. Edenb . 1582. Sept. 27. 1648. Ar. 3 Theor. 84. Ann. 1562. Ass. Edenburg . 1593. Notes for div A62502-e5130 An. 1596. Notes for div A62502-e5380 1 Cor. 1●… . 1. 1 Kin. 3. 25. 1582. Febr. 16. At Saint Giles Church . Notes for div A62502-e5650 March , 22. Declar. Notes for div A62502-e5960 Scot. Leit . p. 57. 58. 1 Book dis . 7. head . Theor. 63. 1 Book . 9. head p. 44. Scot lit . 48 47. 1 Book dis . 7. h a●… . 55. Articl . 1596. Scot. Li●… 49 Notes for div A62502-e6310 Motus Brtanici . 171 1 Book . dis : 9. head . 1 Book dis . 9 head . Notes for div A62502-e7150 The Author●… reasons of his wryting . The Praelats are unable by reason to defend Episco pacy . Cheir stronge●… 〈◊〉 are 〈◊〉 of 〈◊〉 . The 〈…〉 in 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The only crane of the Covenant , is that it extirpate praelacy . The Bishops are most justly cast out of England . The Scots were never injurious to their King. The Scotes selling of the King is a most false calumnie . The reason of the dedi●…ation . Notes for div A62502-e7850 The unseasonablenes of Doctor Brambles warning . The irrational way of the warners writing . The most of his stuffe is borrowed and long agoe confuted . The con●… bitternes of the warners spirit . The warner stricks at the Scotes discipline through the Kings sides . In the threshold hee stumbles on the Kings conscience . The Scots never offered to impose any thing u●… on England . The elder praelats of England were Erastians , and more , but the younger are as much an i-Erastian as the most riged of the Presbytery . The Scotes first and greatest crime is irreconciliablenes with Rome . The Scotes were ever anti episcopall . The Praelates lately were found in the act of introducing Popery , into the Church , and Tiranny into the Kingdom . Notes for div A62502-e8220 No controversie in Scotland betwixt the King and the Church , about the convocating of Synods . The warners Erastian and Tirannick principles , hated by the King. The Warners ignorant and false report of the Scotes proceedings . Bishops were abolished and Presbyteries set up in Scotland with King Iames consent . The innocency of the much maligned assembly of Aberdeen . Christmas and other superstitious festivals abolished in Scotland , both by Church and State. The friends of Episcopacy thryves not in Scotland . The second book of disciplin why not al ratified in Parliament . The Warners hipocrisy , calling that a crime , which himselfe counts a virtue . The Warner a grosse Erastian . Praelatical principles impossibilitate alsolid peace , betwixt the King and his Kingdoms Erastian praelats evert the legall foundations of all government . The finall determination of all Ecclesiastick causes by the Lawes of Scotland , is in the generall assembly . The divine right of discipline , is the tenet of the most of praelats . All the power of the Church in Scotland is legall , and with the Magistrats consente . The prelats rather then to lay aside their owne interest , will keepe the King and his people in misery for ever . Notes for div A62502-e8660 Appeals in Scotland from a generall assembly were no lesse irrationall then illegall The Churches just severity against Montgomery and Adamson was approven by the King and the parties themselfe . Notes for div A62502-e8760 The pride of prelats lately , but never the Presbitery did exempt their fellows from punishment for their civil faults . The Warner is injurious to the Ministers of Holland . The pretended declaration of King Iames , was Bishop Adamsons lying libel . Though alwayes in England yet never in Scotland had Commissarie any jurisdiction over Ministers . Iames Gibson was never absolved by the Church from his Proces . Master Blacks appeale from the counsel cleered . The tumult of the seventeenth day of December was harmelesse and no Minister guilty of it . Notes for div A62502-e9050 The praelats ordinarly , but the Presbytery never were for rash excommunications . The Praelats flatter Princes to their ruine . Notes for div A62502-e9120 The Scots Ministers preaching for justice , was just and necessary . Huntlyes notorious crymes . Never any question in Scotland betwixt the King and the Church , for Tythes and patronages . King James avowes himselfe a ●…ater of Erastianisme . Notes for div A62502-e9250 The Presbytery cognosceth only upon scandals , and that in fewer civil things then the Bishopscourts were wont to meddle with . The Churches proceedings in the late engagement cleered from mistakes . The Church medled not with the manday mercat but by way of supplication to Parliament . The Church once for safty of the infant Kings life , with the concurrence of the secrete counsel did cal an extraordinary meeting . By the lawes and customes of Scotland the Assembly praecieds the Parliament in the reformation of Ecclesias-tical abuses . The Church parte in the road of Ruthven clecred . The interest of the generall assembly of Scotland , in the reformation of England . The violent apprehension of Masse-Priests in their act of idolatry reproved by the Warner . Notes for div A62502-e9840 The Warner and his Praelatical Erastian brethren are obliged by their owne principles to advise the King to lay aside Episcopacy and set up the Praesbytery in all his dominions . The praelaticall party were lately bent for Popery . The Praelats professe now a willingnes to abolish at least three parts of the former Episcopacy . The portion of Episcopacy , which yet is stuck to , cannot be kept up upon any principle either of honour or conscience . The smallest portion of the most moderat Episcopacy is contrary to scripture . The Praelats unable to answer their opposits . Prelacy was ever grievous to Scotland . Notes for div A62502-e10300 There is no Lordship but a meer service and ministry in the Pastors of the Church The Warner is ful of calumnious untruths . Notes for div A62502-e10450 The eight desires of the Church about the ingagement were just and necessary . It is one of the liberties of the Church of Scotland to publish declarations . The leavy was never offered to be stopped by the Church . The Church was not the cause of the gathering at Mauchlin Moore . The assembly is helpfull and not hurtfull to the Parliament . The apointment of comittees is a right of every court as well Ecclesiastick as civil . Notes for div A62502-e10670 There is no rigour at all in the Presbytery . Crimes till repented of ought to keep from the holy table . Excommunication in Scotland is not injurious to any . Notes for div A62502-e10800 The Warners outrage against the Presbytery ▪ The Praelats were constant oppressors of the Nobility and gentry . The way of the Scotes Presbytery is incomparably better then that of the English Episcopacy . All questions about patronages in Scotland are now ended . The possessors of Church lands were ever feared for Bishops , but never for the Presbytery . The praelats continue to annull the being of al the reformed Churches for their want of Episcopacy . The Praelats are so baselie injurious to all the reformed Churches that their selses are ashamed of it . The generality of the Episcopal clergy have ever been covered with ignorance , beggery , and contempt . The Praelats continue to hate preaching and prayer but to idolize a popish service . Vide lad●…nsium . cap. 7. Episcopall warrants for clandestin marriages , rob Parents of their children . Serious catechising is no Episcopal crime . Church sessions are not high commissiones . Notes for div A62502-e11360 The Covenant was not dishonourable to union . Covenanters were not deceived , but understood what they sweare . The Warner unwittingly comends the Covenant . The King did not clame the sole and absolute possession of the militia . The change of lawes in England ordinarly beginne by the two houses without the King. The King did really consent to the abolition of Bishops . The Praelats would flatter the King into a Tyranny . The praelats takes to themselves a negative voice in Parliament . The Praelats grieve that Monks and Friers , the Pope and Cardinals were casten out of England by Henry the eight . The just supremacy of Kings is not prejudged by the Covenant . The Warners insolent vanity . The covenant is not for propagating os Religion by armes . The Warners black Atheisme . a The Praelats condemne the defensive armes of the Dutch & Frensh Protestants . b The Praelats decline the judgement of counsels . c The Praelats overthrow the foundatiōs of Protestant Religion . d The Praelats are stil peremptorie to destroy the King and all his Kingdoms if they may not be restored . Notes for div A62502-e13190 My reason for refuting his Epistle . The Rewiewers vanitie in giving titles inconsistent with the praesent condition & practice of his Lord. The Earle of Cassils no late Illuminate . No credit for his samilie to be commended by Buchanan . Very Improper to style Buchanan Prince . a Legitimi regni gravissima pestis . Praet . ad Dial. de jur . Reg. b The Reviewers sermon divinttie . c He may well count it an advantage to have the E. Cassils his judge . d An honour for the Bp. to be calld by the Rev : unpardonable incendiaire . The Rev's uncleanlie language . Aristoph . Plut. The active boldnesse of the Scotish Presbyterians in Holland , &c , a The three headed monster in controversie b Sen. Her. Fur. c The Scotish Discipline vrey different from that in Holland & France . d No Reformed Church calls regular Episcopacie Antichristian . e Many emincnt persons in those Churches have approv'd of it Vindic : of K. Ch. p. 125. Apost . Instit . of Episcopacie . Episcopal declinations different from Episcopacie . Presbyteria aberrations . the same with Presbyterie . The praesent concernment greater to reveale the Scotish Discipline , the refute old adversaries of Episcopacie . a Sr. Claud Somays likelie to be no great friend to the Discipline . b He offe red no dispute with the Kings Chaplaines about Episcopacie . They transgresse not the dutie of their place by informing the Kings conscience about . The Primitive Doctrine & Discipline . Eikôn Basiliké cap. 14. Praeservation of the Church . a Pardoning the Irish & tolerating their Religion . b Eikôn . Basilikè . conscience , honour , reason , law . c Inclining his mind to the Counsels of his Father . d Cant. 4 4. e Eikôn Basilikè penned wholely by K. Ch. 1. not a syllable of it by the Bishops . f God not they the supporter of the Matyr'd King. a The hard-hearted Scotish Presbyterians . b Holmebie the fatal praecipice to K. Ch. 1. c Endeavours to make it such to K Ch. 2. d His best way to praevent it is consorting with his Fathers booke . e Wherein is divine wisdome & Counsel . f Ps. 72. g Gods providence in ordering his commendations of this booke to proceed out of the mouth of the Revicwer . h The Reviewers scaesonable advertishment to the King. a K. Ch. 1. no Presbyterian in heart nor tongue at Newcastle & the Isle of Wight . b His papers to Mr. Henderson against it . c No Bishop No King. d Ovid. Met. lib. 5. fab . 1. e The Reviewers false profession in publike contrarie to conscience & vulgar knowledge . f The same speach now printed in effect . No necessitie for the Scots to enter into a Covenant which is . No oath of God but the Devil . No wonder why the lovers of the King are no Covenanters . a The Cheat of the Covenant . b The Scot-Presbytirian open unkindnesse that is treason against the late King. c Bishops in other Reformed Churches . d The Reviewers in constancie . a K. Ch. 1 never justified the Scotish contests . b Eikôn Basilikè Ch. 13. c The King may bring an armie to the Scotish borders . d Alawe above Dunce law . e Liturgie & Canons contrarie neither to the lawes of God nor Scotland . f The Reviewers brag K. Ch. 1. gave the Scots too easie conditions . a He had good reason to raise a secound armie against them . b The Scots successe at New bourne opened not a passage for them to London . c The Pr. Scotish Rebellion copied by the English. d K. Ch. 1 his raising an armie a signe of divine providence . e The Rebells faint in their faith notwithstanding the revelations they pretend to . f The Prerb . Scots coming in no condition of the peace a Their guilt made them feare a third warre . b Their worke of supererogation in interceding . c Their Remonstrance . d They mediate for no reasonable accommodation . e Were never slighted nor rejected . f Were justlie denjed . g Covenants the common road for faections . h Remonst . about the Treaty in the Isle of wight . The Covenant destructive to all the Royal line . The charge Against K. Ch. 1. taken out of the Pr. Scots Remonstrance . The Presb. Scots wicked Impostours , no messeangers of Christ. The Kings partie not subdued when His Majestie left Oxford . The King not necessitated to cast himselfe upon the Scots . He had promised all reasonable satisfaction before . His Religious adhe rence to his old oathes . The Kings presence might best have composed the divisions in Scotland . Isai. 32. 17. His garrisons surrendered upon the counter . feit professions of the Pr. Scots . They obteine no termes satisfactorie to the King. Their injustice , unkindnesse imprudence Their deliverie of the Kings person was a selling him to his Enemies . They might have prevented the murder tha●… followed . Ier. 51. 7. They were not readie to the utmost of their power . An old grudge the reason why they were not . S. Matth. 27. 24. The Kings not granting all demands . They beare the like grudge against K. Ch. 2. * In libro Cap. 1 ▪ The Reviewers politike staterie . Ecclesiast . 12. 6. Notes for div A62502-e20820 The unseasonablenesse of the Scots coming to the King at the Hague . Iob 26. 9. Iob 16. 16. The seasonable successe of the Bishops Warning . The Scotish Presbyterians an inconsiderable partic . Sen Con●…rov . Iob 8. The Bishops method apposite to his matter . His proose ●…o by tenets His allegations confirm'd by others . The Reviewers rash & uncharitable judgement about the ends af Mr. Corbe●… & Arch-Bishop Maxwell . His vanitie in mentioning the frequent impressions of his book . His language more bitter then the Bishops & his hast greater to vent it . No regard wanting in the Bishop to Scripture nor reverence to th Reformed Churches . Nor respect to the Magistrate and lawes . The Bishop no slanderer of the King nor his Royal Father . Eikôn Basilikôn ch . 17. The Reviewers seasonable advertissement abou●… the Kings late offer , to the Scots . No r●…sb presumption in the Bishop . The Scots endeavours to impose their discipline upon England . K. Ch. 1. in no barmonie with the Prc●…byterians . All Protestants implied to be Erastians as well as the Episcopal by Mr. Baylic . The Reviewer not acquainted with the late controversie between us & the Papists . No Canter-burian designe but what was forged at Edenburg . Basilik . dor . The Scots heretofore gave no so bad language to the English Bishops . 1. Pet. 5. 2 Though they acted enough against their Bishops at h●… . Ierr. 8. 22. The crime●… alleged not the grounds of K , Ch. 1. his concessions against Episcopacle in Scotland Episcopacie in England not put downe by a legal Assemblie , & Parliament Notes for div A62502-e23070 The Reviewer knowes not good logike when he meetes with it . The Bishop not ignorant of the way of the Scotish Discipline . The Reviewers Sophystrie . The Bishops meaning about the Kings power in chusing Elders . Ecclesiastike lawes . The head of the Church . Assembies are the Kings arbitrarie Counsels . The Bishop had reason to instance in particulars . The Assemblie contest with the King about his command . Conf. as Hapt . Court. And. Melvin Epist. ad Th. Bez. 1579. K. I. & his Nobilitie against the Discipline . Vindic. Epist. Hieron . Philadelph The Reviewer & his brethren agree not in their storie . Duo folia dilac erata & in ignem conjecta . G●…or . Con. De duplic . stat . Relig. apud Scot. lib. 2. … ministri cu omnia ex suo suorumque arbitrio pendere , savente & annitente imprimis Buchanano , cerncrent , &c. K. 1. his dislike of the short Confession . Many unjustisiable praciices about it . Vindic. Epist Hieron . Philadelph . Archiepis . Fan , S. Andr. Pa. 1 77 Archiepis . Fan. S. Adr. Epist. ad Theod. Bez. The reason upon which the Nobilitie maintaind Bishops . Pseudo-Episcopatu . The Presbyterie the Cause of the Nobilities kceping the revenue of the Church . Episcopacie more then titular by the Covenanters acknowledgement . The Bishop too courteous in passing over 27. yeares storie meane , base , & abject persons , who were never any way remarkable as ●…en of great gifts Decl. of His Majesties Counc . Imperfect policie alterable at the Kings pleasure . The Priviledge of Assemblies limited . The Legal proceedings against the Aberdene Assemblers Their obstinacie . The Church festivals abolished in Scotland by no just Authoritie . The primitive Christians observ'd thom Orat : of the Protest . of Scotl. to the Q. Reg. 1558. The Bishop not mistakē in the Scottish Chronologic . What kinde of Presbyteries were erected by K. Iames & his Commissioners , & to what purpose . Bishops to praeside in them . Declar. 15●…2 . The abuse of the Kings indulgence by the Presbyters . The E : of Arran no wicked Courtier . His bloud reveng'd . Bishop Bancroft Dang . Posi●… b. 1. Gibsons bold speaches to the King. Perpetuitie the Bishops in Scotland . The Reviewers long reach for the antiquitic of Presbyters . … facile est credere Victorem Pontisicem …in Scotia reperisse multos quos salutaribus undis expiaret alios quos Judaizantium in fe●…erat error . G. Con. De dupl . stat . Rel. apud Scot. lib. 1. Multi ex Britonibus Christiani savitiam Diocletiani tiementes ad eos [ Scotos ] confugerant è quibus complures doctrina , & vitae integritate clari in Scotia substiterunt , vitamque solitariam tanta sanctitutis opinione apud omnes vixerunt , ut vita sanctorun cellae in templa commutareniur . Ex eoque consuetuao mansit apud posteros , ut prisci Scoti templa cellas vocent . Hoc genue Mona●…horum Chaldeos appellabant mansitque nomen , & institutum donec Monachorum genus rocentius in plures divisum ectas eos expulit Buchan . Hist. lib. 4 Episcopacie intirelie authorized in the Synod of Glasgow Vind. Epist Hitr. Philadelph . Superintendents aequivalent to Bishops . Presbyters not to have Synods as often as they list , nor doe in them what they please . The King consented not to the second booke of Discipline . K. Ch. 1. Larg . Declar . 1633. pag. 411. Refutat . libel . De Regim . Eccl. S●…ot . The Bishop no hypocrite in his chalenge about the patrimonie of the Church . 1. Book Disc. 6. head which be longs not , by haereditaire right to the Presbyters . Let. of K. Ph. & Q. Mar. Ann. 1559. The Reviewer is the hypocrite . Mainten . of the sanstatie . pag. 10. The Disciplinarians declaration of their judgements in their impudent & imperious supplicats . They anticipate the law in the exercise , of the Discipline . Hieron . Philadelph . de Regim . Eccles. Scot. Epist. Iren. Philaleth . Narrat . mot . Scotic . Their doctrine as destructive as their practice . Ovid. Met. lib. 3. sub . 4 2. Book of Disc. ch . 7. 2. The Bishops Super-Erastianisme the doctrine of the Reformed Churches Ad Dissert . De Epise . Constant. M. Ph. Par. Vindic. propos . 8. D. Par. N. Vedel . De Epise . Const M. q. 5. The practice of the good primitive Emperours . Har. Syn. Belgic . c. 10. Altar . Damasc. pag. 15. Renounced by none of the Scotish King. The Reviewers malice not any Prelatical principles doth impossibilitate ( as he speakes ) the peace betwixt the Kiag & his Kingdomes . Conf. at Hampt . Court. The Disciplinarian doctrine & practice against the Kings power to convocate Synods . Pag. 41. DeEpiscop . Constanstin M. 2. B. of Disc. ch . 10 Cap. De primat . Reg. Epist. 43. De Imper , sum Pot. cap. 8. Constantin . De Ario. The ultimate determination of Ecclesiastike causes by the lawes of Scotland is not in the general Assemblie . No more then in the Convocations of England . Appeales to the King in Scotland . Court of Delegates against neither word of God , nor aequitie . All causes agitated in Scotish Assemblies . Processe about Church rent . Letter to the Gen. Assembli at Sterling Aug. 3. 1571. Reviewer declines answering about the legislative power . Danger in asserting the divine right of Ecclesiastike jurisdiction Hug. Groti . De Imper. Sum. Pot. Scotish Donatist . Polit. Anglic . Ad Reg. Iac. Sozomen . Eliens . De Episcopat . Constant . M. Disciplinariam call resistance against the person obedience to the office of the Magistrate The Reviewer too bold with his Majestie . The Disciplinarians no compartie for the Primitive Christian . The Reviewers cunning in passing over what he dares not , can not answer . His unkindnesse to his brother Gilespie whose theoremes are the doctrine of the whole Presbyterie Harm . Syn. Belg. cap. 1 Gilespie's theoreme the rule of the late Disciplinarian practice . a Nec enim dissimulabant foederati , nimis diu apud Scotos regnatum esse Monarchis , nec recte cum illis agi posse Stuarto vel uno superstite Hist. M. Montisros . No defensive armes for subjects . Episcopacie no obstruction to His Majestics peace . See the le●…rned & judicious Digges upon this subjects . Notes for div A62502-e32770 Appeale in Scotland from a General Assemblie neither irrational , nor illegal . Altar . Damascen . 3. Paper An. 1574 The Rebellious , & insolent disciplinarian proceedings against the too Rt. Reverend Arch-Bishops Montgomerie , & Adamson . Answ. to the Prosession & Declar . made by Marq. Hamilt . 1638. Vindic. Epist . Hier. Philad . Supplicum libellorum Magister . Se posse salvo Regis imperio de causa tota cognoscere . ●…arg D clar . pag. 308. Marg. not upon Potest . of the Gen. Assemb . at Edenb . Crosse Decemb . 18. 1638. Quioccasione laeti palinodiam ●…i per vim expressam , sed in - numeris a se locis inter-polatam typis publicarunt . The Bishops Appeale not derogatorie to the Kings personal Pr●…rogative . The Reviewer mistakes the scope of the Bishops warning . Ch. 5. v. 1. Notes for div A62502-e34070 Sedition , & rebellion not censur'd by the Discipline . Hift. of Reform . 4. booke . Scotish Presbyters mounting in halls schooles &c. An. 436. Ancient Canons against Ministers accusers of their brethren . Reviewer no competent witnsse against Bishops . He will not be at peace & charitie with the dead . Gualth . Epist. Erast. Aug. 3. 1570. Nor speake any truth of the living . Spanheims speach about English Bishops The Kings booke of recreations farre short of what other Reformed Churches tolerate on the Lords day . Vindic. Chr. Philaed . Blaire & his companions justlie banished . K. Ch. 1. larg . Dec. 1639. pag. 324. The Discipline . in Scotland different from Geneva . King Iames Declaration 1584. Part. 3. An. 1684 The Bishops consequence good from Commissaries to Civite Magistrates . Fucus ad fallendum simpliciores , vel potius illudendum Ecclesiis pag. 404. Altar . Damase . The Assemblie jugling in Gibsons case . The Bishops relation of Mr. Blackes case vindicated & enlarged . Hamp . Court. Conf. Rom. 6. 1. Ephes. 6. 16. Hebr. 11. 33. Nescio quid nec quando , sed multo ante Vind. ep . Philad . L. 1. c. The od . de Relig . De Impersum . Potestcirc . sacr . cap. 9 Nam co repore summā fuit Ecclae concordia & authoditas ut aulici ab ea , tametsi Regia gratia niterentur , timerent , Vindic. Ep. Chr. Philad . Let to the Q. of Engl. Iul. 16. 1561. The Ministers guiltie of the tumult . Decemb . 17. 1596. * Vasius Notes for div A62502-e37270 The Rev. impertinencie or cunning in altering of the state of the quaestion . Let : of the Congreg . to the Nobles of Scotland 1559. De Imper sum . Po●… , cap. 9. Disciplinarian intentions never better then their words Eccles. 8. 4. No thankes due to them for not excommunicating their Kings . The Ancient Fathers quit peccant Kings of all humane censure , Apos . Gent. adv . Notes for div A62502-e37970 The Bishops reasonning not unconsequential . Aristoph●… Nubes . Bloud the seed of the Discipline . Esai . 1. 15. Mercie Gods attribute , & so the Kings . 〈◊〉 . Book Discipl . 9. head . Presbyters sollicite pardon for murder . * Rigour to be preached &c. under non●… but implous or n●…ligent Magistrates ; so ex●…ommunication for impunitie . E. Huntleys case wholie minted in the Assembii●… Bothwells notorious crimes . R Bruce's speach against E. Huntley First fruites &c. witheld from the King as much by the Presbyters as Pope . An. 1587. Contradiction about tithes . pag. 57. Patronages . Presbyterian rebellion , & tyrannie . Rejoycing at the sequestring the Church patrimonie . Qui jactare non dubitârunt se Episc . plygin kairian inflixisse . Aitar . Damasc. p. 3. K. Iames anti-presbyterie . No Dona●…ist . Ep. lector . Aitar . Damascen . Georg. Con. De Dupl . Stat. Relig. apud Scot. lib. 2. Notes for div A62502-e39930 Their latitude of scandal . 8. 9. Malefactours pardoned not to be excommunicated . False measures , &c. maters of civile cognizance . The Reviewers 30. yeares experience no argument of Presbyterian henestie . Their Canons not the same with those of the ancient Church . Victorem Romanum Epum circa annum Dui 200. legimus Coenae usu●… interdixisse injurias condonare nolentibus Th. Erast. thes . 7. No canon against rebellion , nor deprivation of rebellious Ministers . Presbyters as peccant as Bishops . Ch. 2. 11. 29. 9. Revel 17. 5. 9. 2. 3. 2 S. Pet. 2. 13. Their exercing civile jurisdiction Their eoconomical superintendencie . Preaching personallie against Princes . Knox : Hist. Lib. 2. Their proceedings in the late engagement . St. Matth. 12. 43. Declar. Iul. 21. 1649. Isai. 63. 15. Prov. 12. 5. Ps. 50. 16. Isai. 61. 2. 11. Isai. 8. 20. Prov. 13. Ianuar. 6. & 29. 1649. 1. Tim. 4. 2. 1. Kings . 22. Heb. 12. 16. Scot. Mist. dispell'd . I crem . 9●…1 . Isai. 58. Edenb . 12. May. 1649 postser . Scotti●…h mist Dispell'd Hendersons Prophesie Pap. to K. Ch. 1. Iun. 3. 1646. Esih. 4. 12. Pre●…yters De●…aring against Parliament debates . The Kings negative voice proper to be debated in a Scottish Parliament . Ans : to both Houses upon the new propositions and the 4. bills 1647. Why opposed by the Presbyters . Eic . Bas. Ch. 11. The Kings affirmative voice . Hug. Grot. De Imper. Pot. cap. 8. No such vicitie need be us'd about mominating ofsicers . Ch. 4. The Presbyters destructive demurres . Scot. Mist. disp . The Reviewers impertinencie in the successe of the Spanish Merchants . As. Dund . 1493. The Presbyterian zeale for the 4. Commandment bypocritical cover for their breach of the rest . Prov. 11. 9. Recreations resections to fit us for spiritual duties . Rob. Bruc'es motion to alter the Sabbath . The Bruc'es Sunday toleration not so large as the Reformed Church's abroad . The monsirous impietie of the Presbyterians in prosecusion of their ends . Lib. 5. 1560. Lib. 3. Assemblies have no power to summ●…n contrarie to the Kings proclamation . Cantic . 8. 6. 7. Contradi●…iion . The Assemblies can reforme onelie according to canon , not the canon . 2. Tim. 2. 23. 24. Ancient Assemblies reversed no Civile lawes . Euseb. Reformed no haresies ●…ith out the Emperour . Henrie the eight's reformation the occasion not the original of ours . Scotish Presbyterians from the begining s●…hisme . None but they have declared Bishops & ceremonies unlawfull . Ch. 6. 28. Ch. 9. 3. Capt : I. Siuart vindicated . The treason at Ruthuer . Saint Iam : 4. 16. S. Macth : 11. 12. The King can not be sayd to invade the Presbyter : Consistorie . Rev : 1. 18. Prov : 24. 2. c. 27. 20 Tert : De Praeser : advraeser haeret . c : 42. Arch-Bp . Lauds Armenianisme & P●…perie the doctrin . of scripture and the Fathers . Prov. 25. 23. Advers : hares : cap : 16. Ariote under praetense of taking Priest at Masse . Abetted by Kno●… & improid to a rebellion . Vit : Eliz. 〈◊〉 . ●…563 Assemblie's summoning the people in Armes upon the trial of Popish Lords . Notes for div A62502-e45650 Isai. 57. 20 Power of order and jurisdiction . The midd , le Apostolical right of Episcopacie . Conscience not bottom'd onelie upon a divine Right . Rom. 1. v. 2. ch . Alterations unsate and sinfull while conscience is doubtfull . The reasons of K. Ch 1. against a change . Peace . Antiquiti●… . Vniversalitie . The considerable approch of Church discipline to doctrine . Paternal government . Communion with Christians . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . ch . 17. Ius divinum of Presbyterie srustrates all treaties , excommunicates all Christians threatens all Princes . Isai. 40. 23. 24. The Reviewers perverting the Bis●…ops doctrine . Erastus's Royal right abused in a Sophisme . Sen : De Clem : l. 1. c. 20. The consequences from Episcopal principles not such as praetended S. Matth. 4. 9 ; Difference between us and Rome bout ceremonies . Prov. 10 , 31. Real Praesence & corporal disserent . Hist. Mot. Iustification . S. Matth. 13●…45 Free will. Deut. 30 19. Final Apostasice . 1. Cor. 10. 12. Phil. 2. 12. A quaestion about Davids case . Rubrike in the consirmation . Christ as King of his Church appoints lawes &c. H. Grot. Hane none magis licet Ecclae mutare quàm mutare licet ipsam scripturam V indic : Eplae Philad . By whom his Seepters is to be swayed . Vincent . Lyrin : advers : haeres cap. 14. English Episcopacie out done by the more for ward Presbyterie . B. Discips . 4. head . The treasure thereof to be found as well before as after the years 800. Dr. Ierm . Taylor . Can. 2. The Praelates still of the same minde they were . Declar. B. 2. Dang . Posit . Not the Court but Citie Divines devest Bishops . Sen : De Benef. lib. 2 cap. 7. S. Matth. 7. 9. 46. 17. The Reviewers detestable ingratitude . De Ben. lib : 3. cap. 16. The texts of scripture against Episcopacie discussed . Prov. 26. 4. & 5. Act. 20. Beshosp are . Apostles . Lib. advers . haeres . cap. 32. May be call'd Euangelists . H. Grot. Proleg . ad Matth. Should be prophets . In 1. Cor. 12. H. Grot. Why Pastours . Apostles superiour to Apostles . Euangelists Coadjutours . Doctours Bishops . haeres . 75. Dr. Tayler Episcop : assert . No power of Ordination in the Presbyterie , 2 Tim. 1. 6. No power of Iurisdiction in the Church . Confirma . Thes. lib. 4. c. 5. De Verb. Dom. hom . 15. Iohn Morell excommunicated for this doctrine . No power of jurisdiction in a Companie met together Delivering to Satan what . Why Blondel &c. are not answered . Somais fare well to the Presbyterie . The Scottish presb . may be contracted out of their owne storie . Revel . 20. 12. K. I.'s 55. quaestions non plus'd them . Episcopacie recovered ground in Scotland . Vindic. Epist : Philadelph . Whence they had not been legallie ejected . Psalm 137. Psalm . 1. Revel . 2. 7. Notes for div A62502-e50660 The Reviewers slender shiss . Icr. 8. 17. The Preshyterians , not Praelates coordinate two Soveraignaties in one state . Two Kings in Scotland . Not God onelie but his Anoynted likewise to be obeyed . St. Matth. 26. 25. St. Luke 9. 23. Contrarietie of Commands very frequent in Scotland . The Revicwers fallacie Humble petitions &c full of threats . The Church-chasing and exeommuniting for the late engagement . The untruths are the Reviewers . Notes for div A62502-e51350 Prov. 6. 28. The Rev. eares not for hearing of the late engagement . Ps. 69 : 23. The 8. desires of the Church neither just nor necessarie . The Ch. of Scotland hath no libertie to declare against King and Parliament . Job . 5. 13. Prov. 17. 24. Heb. 11. 39. Ephes. 2. 2. Gal. 1. 8. 9. Lament . 4. 20. Contradiction between the Revic . margin and text . The levie was offered to be stopped . May 11. 1649. Lib. De Ir. cap. ulr . Ministers ●…in armes . Not cens . by the Commissioners of the Kirke . S. Pet. 2. 16. v. 13. Presbyterie makes Parliaments subject to the Assemblies . 2. Book . discipl . 1. ch . Heb. 1. 14. Ps. 104. 4. Ier. 14. Isai. 42. 19. Ministers power with the people dangerous if seditiouslie bent . Th. Cap●…nel . eap . 18. Ps. 45. 5. ●…psis Cardinalibus and P. P. maxformidabilis fuit , diremita aut unyt principes & subditos suos arbytratu . Ps. 12. 4. Eik : Bas : cap. 17. St. Liturg. p. 87. V. 18. Isai. 66. 24 No in haerent right in Courts to nominate Commissioners for intervalls . Haggai 1. 6. Notes for div A62502-e53790 The Presbyterie a tyrannie over the consciencies of thepeople . Censures upon slight grounds . Scot. Lit. Rom. 8. 15. Prov 1. 26. Spiritual crueltie in the prayers of Presbyters . Sc. Lit. p. 196. 1. Pet. 5. 8 , Our Sabbath recreations shorst of those in other Reformed Curches . Trivial debates , and ; articling against habiss . Knox Hist. The same fault under a different formalitie not to betwice punished . Lib. De Fid. & Op. cap. 2. Offenders quitted to be admitted to the H. Sacrament without publike satisfaction in the Church . 1. Cor. 11. The Scotish practice touching Excommunication litle lese rigid then their Canon . Ps. 74. 21. Sc. Lit. p. ●…00 . Master Iohn Guthrie Bishopp of Mur●…ay . The following in convenients to be charged rather upon the Church then state . * Quia a ●…empore quo us lagatus est capnt gerit lupinum , ita quod abomnibus inter fici possit & impuné Bracton . Crueltie toward fugitives . Notes for div A62502-e55160 The Presbyterians as outragious as the Arians . Brychatai epipriusa ten odonta Rescript ad Arium & Arian . Presbyserie more oppressive to the Nobilitie and Gentrie the Praelaccc . The Reviewers counterseit of Presbyterie inverted . Wisdome pietie , and learning not so common in Elderships . The Nobilitie & Gentrie abused when chosen Elders . Schulting Steinwich Hierarch Anacris : Lib. 2. D●…ut . 22. 10. Doctours at law more sit judges then unstudied Nobles or Gentlemen . Synods not to besummoned to receive lay appeales . Collusion & violence in the choyce of Members for the Assemblie . Master David Michel . Laird of Dun. L. Carnaegie . Why so many Burgesses & Gentlemen . The laitie to have no decisive voyce . Perth Proceed . Master Andrew . Ramsey . E. Argile . The King or his Commissioner hath litle power in Assemblies Protest of Gen. Ass. Nov. 28. & 29. 1638. Nov. 28. sess . 7. E Rothes . Necessitie of appeale . Exod. 23. 2. Prov. 10. 2. Sam. 18. 9. Pap. of 10. prop. before M. Hamilt arri●… . 1638. Why Knigts and Burgesses so numerous . Lib. 3. demonst . c. 14. The original of patronage . Coras . Glas. Temporale spiritualli annexum . Altar . Da●…asc : 2. B. Disc. ch . 12. * Pl. in Carcu●… A. 5. sc. * Calophanta est qui honeste quidem loquitur , sed ●…ujus facto ab oratione discrepant . * Gen. 25. 25. Par. Alciat &c. The Praelates title to Impropriations and Abbey lands beter then the Pre●…byters . Pro. 20. 25. The Reviewers praevarication . 6 , head . Ch. 9. April 24. 1576. S●… . Decl. 1642. Append . Prov. 26. 28. 129. 5 Noble Elde●…s ●…lighted by the Clergic . See 〈◊〉 of the Congreg . to the Nobil . of Sc. 1559. L. Sempil . Lib : 2. Calderwoods rediculous reverence of Bruce's gost Cuj●…s anima , si ullius mortalium , sedet in coelestibus . Ep. Ded. ad Aitar . Dam. Manias Calamo Constant : in Rescript Our Bishops contest not with King & Nobles . Their prae●…dence , & place neare the Throne . 1. Tim. 3. 4. & 5. Offices of state . How the difference hapened between the E. Argile and Bishop Galloway . Presbyterians heterodoxe . Tert. De Praeser , cap. 32. 1. No Ordination but by Bishops . 2. 3. 4. Aitar : Dam. cap. 4 5. No comfortable assurance but from Apostolical succession and Epis●…opal ordination . De Praeser . cap. 32. Reliquos verò qui absistunt a principali successione , & quocunque loco colligunter s●…cspectos ha●…ere &c. Walo Messal . 6. Kakos hermeneus antochrema eikon te kai andrias esti tou diabolou . Reser : ad Ar. The Praelates doe no●… annull the being of all Reformed Churches . Ps. 82. 1. They use not the Sophisme of the Iesuits . * This word dulie was left out by Henderson in his recit●…l of K. Ch. 1. words to this purpose Answ : to 1. pap . Ep. 7. Ad. Symrn. 1. Pap. ●…o Henders . Heb. 7. 25. 26. Rom. 14. 23. The Reviewers malic●… in publithing what the Bishop had deleted & perverting it , They may be doubted to be un-Christian that call us Anti-christian . The Church of Rome not most true . Nor hath she the most easie way of salvation . Rom. 11. 33. Ier. 32. 19. Separation from her in many things needlesse . En apodeixei pneumatos ●…ai dynam●…os . 1. Cor. 2. 4. A●…tic . 1. Febr. 〈◊〉 16. 9. Artic. 3. The Presbyterian Scots more bloudie then the Irish . Chapt. 4. Whose Libertie of religion was limited . Places of trust saffer in the hands of Papists then Presbyterians . Arti●… . 29. Kings cannot ratisie too well what they promise , if just… Sed qui juramentis sudunt sicut pueri astragatus Pet. ad . Alter . Dam. Parliaments not be stay'd for in extremities if they can not be call'd at present . The King never express'd his inclination to Covenans ers . His Kingdomes ruine rather to be embraced then his souls . Vers. 26. Prov. 26. 13. More learning under Episeopacie then Presbyterie . H●…mano capiti cervicem pictor quinum . The Bishops trial before he ordaineth more serious then the Presbyters 4-head pag 14. they propose him a theme or text to be treated privatelie , whereby his abilitie may the more manifestlie appeare unto them . 4. Head. Neither judge we that the Sacraments can be rightlie Mistred by him in whose mouth God hath put no Scrmon of exhortation . 1. B. Disc. 4. head . The Papis●…ical Priests have neither power nor authoriti●… to Minister the Sacraments of christ I●…sus , because that in their mouth is not the serm●…n of exhortation Ib. 9. head . Alter . Damasc. Schot●… hetcr●…doxe divines not comparable to the Orthodoxe English . Admittunt ad Ministrium indignis●…emos sartores , subulcos . & infimad●… faece homines , modo sint togodaedali &c. C. Schulting . Hier. Ana●…ris . Lib. 1. Tert. De Praescr . c●…p . 1. Quod non ideo scandalizarioport●…at , quod qui prudentissimi odificen●… in 〈◊〉 . ●…shops ●…ded by the Reviewer to be suspected . 〈◊〉 〈◊〉 how the cause of ignorance , contempt and begge●…y . Provision under Epi●… in England against the beggerie &c of the Priests . Puritanical Bis●…ops make an ignorant ●…lergie . Cho. 7. v. 10. 11. 12. Our Bishop no Pur●…haser by his parsimonie . 〈◊〉 nowledgelabour or conscien●… s●…wed in Presbyterian preaching . ●…les 5. 1. 1. Sam. 15. 22. Reading Ministers usefull and justifiable in our Church . Eph. 4 14 , 4. Head. for Readers . Preaching without booke approved by our Praelates . That within booke ●…ot to be disparaged . Ep●…st . 4. Lib. 1. The Liturgie why read . 2. Tim. 2. 15. 16. A parallel of it with primiti●…e 〈◊〉 beter then with the 〈◊〉 . Praelati●…al Dociours not yet so much for pr●…aching a●… Presbyterians . 9. head . Verbi praedicatio de bet esse quasi anima li●…urgiae . Alter . 〈◊〉 Dam. 〈◊〉 . 10. Ibid. 1 sa . 56. 7. Pucrile est ut mi●…i vid●…ur aliter fa●…ere Ibid. Gal. 5. 10. Divine Service . Carefull Chris●…ians will finde litle l●…isur e on weeke dayes to heare sermons . Quantum ad crimina quae su●… declarata Ministris abillis ' qui petunt con●… aut consolationem , relinquimus conscient●…s Ministr●…rum &c. Disc. Eccl. Reformat . Regni Franc. Can. 25. Catechizing beter then preaching in the afternoon found . 9. Head. Forenoon sermon con venient but not absolutelie necessarie See Hook. Eccles . Pol. 5. Book . Sermons not to exceed an houre . As litle li●…e and adifaction in Scripture ill interpreted a●… in Rhetorike without it . Vin●… , Lit , adv . hare●… . cap 〈◊〉 〈◊〉 . 5. Ciril . Hicrosol . catech . 2. Reason of bidding prayer before Sermon . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . cap. 16. V●…t non inveniamur discordes in ingressu ad preces ante concionem faciendas , visum ●…uit utile uni●…ormibus verbis uti…Concio etiam ●…etur uniformiter verbis Marc. c. 6. No prayer for the dead in our Can●…n . The Church of Scotland hath had a liturgie not onelie for helpe but practice . Knox Hist. 1. B. Ib. B. 2. 1. B. 9. head . Decl. Ch. Sc : Prae●… . The hypocritical use , of the Common prayer booke in Scotland . Set formes of no use to beginners that pray by the spirit . The gift of prayer in the Pater No●…ter . 5. Iud. v. 13. Presbyterians divided about pra●…er . Hist. 4. B. Synod Holland . & Zoland 1574 Artic. 38. Herm. Synod . Belgic . cap. 11. The injuries by extemporie prayer ; F●…x . B●… cap. 16. S●…n . Ep. 40 〈◊〉 . 1. 5. ●… , of Ec●…l . Pol. Heb. 12. 1. The Parliament of Scotl. in no c●…pacitie to demand after then urder of K. Ch. 〈◊〉 . Ps. 51. Ha●…ak . 1. 13. Review changeth the words of the Procl . The original of the oath for securitie of disscipline . K●… . Do●… Row. Craig . 〈◊〉 . Hist. B. 5. Dial. D e Iur : Reg●… ap . Scot. The choyce of a King originallic not justifiable in any perpl . Cum sit & ordini naturae conscnta●…eum , & ●…bus propé omnium gentium Historijs tes●…sicatum . De Iur Reg. M. M●…ntr . De●… . 1650 Abolition of Episcopacie will not give the scott satisfaction Sen. He●… , fur . P. Iun. 1. may 22 Henders . 1. Pap. to K. Ch , 〈◊〉 1. B. Disc. 9. head . Nature robbed of her Praerogative by Prosbyterie Inclina tions to marrie not all wayes devine motions . Consent of parents . † 〈◊〉 in Scripturis determinatum sit & jure Civili de consensu parentum ; In Ecclesiastic●… tamen curijs obtinet jus Papale Canonicum qu●… definitur consensus parentum dehouestate non de necessitate Et quod Matrimonia debent esse libera , & non p●…ndere exali●… no arbitrio Assert : Pol. Christ. * Lib. 2. De Regn , Christ. Dordorac . 1574. artic . 81. 1578. The injurie done to Parents by Presbyterie not justisiable in reason . Buc●…an . Ta catheconta hoos epipantais schesesi parametreitai . Enchir. c. 37 Terent Andr. act . 1. Sc. 5. Act. 5. Sc. 3. 1. B. 9. head , No obedience due to parents requiring a injust mar●… , Ep. S. I●…d . v. 9. Prov. 14. 5. 2. Cor. 12. 14. 1. Tim. 4. 8. Poenitent Adulterers not to be put to death . S. Iohn . 8. 2. Cor. 12 7. 1. Book . Disopl . 9. I Head. The Bishops cautelous in their warrants for clandestine marriages . In nuperis constitndinibus anni 1603. videntur praesules Anglicane abunde cavise Alter . Dam. c. 70 Ao . 1588 Schulting Reprehens . Synod . Middelb . The Revieners s●…amelesse denial of aknow'n truth about impeding civile proceedings . Contr. E. pilam Philadelph . Publike ca techizing of Masters & Mistresses indecent . 1. Cor 11. 28. Lit. Ch. c. p. 215. 13. 5. De Praeser . c. 10. If they know not how to pray neithern berein their rightcousnesse sands or consists , they ought not to be admitted to the Lords table . 1. Book Disc. 9 head . Ibid. Excommunication of the ignorant without warrant . Ibid. Exetaues●…ho de me micropsyc●…a e philoneikia e fini toiause aedia tou episcopou aposynagogo egegenentas . Can. I. Chr. Iustel . Familievisitations commendable aswell in orthodoxe Priests as Presbyters . Ib. Disc , 9. Head. Riot in Scotland to get downe the High Commission . Iarg . Decl. The Kings palace and Parliament fallen with that in England . More comfort because lesse rigiour in the reformed Elderships abroad . Answer by Letter . Many of those in Scotland have very unfit , unable Iudges . Episcopacio want no aequivalent in Discipline . Oeconomis testibus Synodalibus & Collectoribus in Ecclesiastcke paroeciana rudera quaedam functionum diaconorum & seniorum relicta vel potius imposita sunt . Alter . Dam c. 12. Synodales aestes , quos sidem eavocant , qui in inquestionibus morum & visitationibus adjungumur Oeconomis Oeconomi five Gardiani Ecclesiastikae quorum minus est pro eo anno … inordinateviventes inquirere , monere scandalosos , ordinario praesentare &c. Ibid. Ex. Aagl . Pol. Isai 53 7. Notes for div A62502-e66190 Reasons why the Reviewer is so much indined to the metaphor op a vomit Tous ischnous kai evemeas ano pharmacevein… tous de dysemeas kai mcsoos eusarcous ca 10. 4. Aph. 6. & 7. G. moching Compend . Insti●… Med disc . 5. Vn lawfull Covenants not to be keept-Ouc epiorkein phobo●… menous tente para ●…on theoontimovian , kai ten paratois anthropots aischynta . Egar one omeitai , e hotan omnysin euorkesei . Per hoc juramentum spirationes & conjurationes & pleraque in iqua & aequa consirmari solent Cardan . Terein autou ten chreian on tois anagcaiois hama kai timioir . Hiorocl in Carm. Pythag . Prov. 30. 19. Covenants ordinarilie n●…inted in Scotland not in England . Nor can such afterco●…tracts devised & imposed by a fewmeni●… a declared partie without my consent and without any like power or praecedent from Gods or mans lawes &c. Eix . Ba●… . Ch. 14. proque bus arduis & urgen●… nego●… slatum & defensionem Regni ●…stri Angl. & Eccles. Anglie concernentibus … Cum Praelatis Maguatib . &c. colloquium habere & tractatum . The extract of a letter-shewing by whom the Covenant was devised . The Rebells desires were impositions . Nullum privilegium Parlamenti concedi potest propr●…ditione felonia aut ruptura pacis . 17. Ed. 4. Rot. Par●…um . 39. The Covenant dishonourable to the English. The nullitie of it . Ioan. Gutierrez De Iuram : ●…onfirm . part . 2. cap. 2. ex Alciat . The Reviewers . Abominable falshood . Iudic. Oxon De sol . lig . seci . 2. Ps. 145. 1. 7. Covenanters take the Discipline for Christs institution . Ans. to the Declar. by the Parl. angl . Aug. 25. Let. to the Gen. Assemb . S. Iul. 22. it . 4. Vindic. Ep. Philadelph . Protest of the Noblemen , Barons &c. 1638. According to the word of God , a more dubious & frivolous limitationing the Covenant then heretofore in the oath for Episc●…pacie . 1548. Ministri Regia authoritate compulsi aut subscribere Epali tyrannidi , aut in carceres aut ex●…lia abire . Multarum ministrorum tuncse prodidit imbecillitas instauratae Ecclae tyrannidi homonymus subscribentiam adjecta limitatione anbigua vel potius futi●…i nempe secundum verbum Dei &c. Ep. Phil. Vind. ●…o . Gutiervez De Iu●…am . Con●…mpar .. 1. ●…p . 71. Su●… . 5. See Surv. of the praet . holie Disc. Vid. Discus . Eccles. Disc. Rupel . edit . 1584. The Covenant how the same with that of K. 1. 1580. K. Ch : 〈◊〉 , Larg : decl●… . 1639 : pag : 177 : Protest . ag . Kings Proclam . 1638 How it differs from it . Epiphyllides taut csti kai stomylmata chelidonoon momseia . E●…x . Bu●… . Ch. 14. K. Ch. 1. Larg . dec●… . p. 15. &c. The English Discipline long since setled by law in Scotland , and the Liturgie there used The Pr. Scotish never so in England , but obtruded . Mot. Brit. Vix audebat rex eis de postula●…o abnucre prop●…r Scotos &c. p. 28. Vocatio●…em lubenti animo amplectuntur ut pote adidem prius proclives . pag. 4. Answ. to the let . sent by the Ministers of Engl ; Aug. 5. Ps. 62. 9. The power of the Militia is the Kings . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 10. H. Grot. lib. DeAnciq . Reip. ●…atav . Answ : to both Houses 1647. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 10. Bishops and ceremonies no burden . See Treat . of Cerem . besore Com. prayer booke Hookers E●…l . Polit. Dr. Tayl of Episc. Bishop Andr. let . to M●…lin . &c. To parona●…i bari tois h●…pecoois . Th●…c . Salusi . Bell Catil . Parliament can not reforme without the King. Isai. 50 11 The concess●…ons of Ch. 〈◊〉 . not so ●…arge 〈◊〉 praetended . K. Ch. 2. not obliged to confirm●… them . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 17. Ibid. Nov. 18. 1648. at Newport . K. Ch. 1. Immov●…able from Primitive Episcopa●… . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 17. Answ. Nov. 18. 1648 Newport . Nov. 20. Vna opera ebur atramento candefacere postules . Pl. Mostel . The Reviewers sophistrie . K. Ch. 2 ▪ much beholding to the Reviewer . He can no●… so easilie , will not so readilie grant what his Father denied . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 27. Ibid. Ib ib. Ibid. Ibid. Ch. 17. Ch. 14. Ibid. ●…r . 19. 1. Rev. 〈◊〉 . 14. 17. The King supreme Legislatour Answ. to both Houses 1647. The Bishops pro●… not injurious to Kings Lords nor Commons . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 9. H. Grot. Ano. 681. Lnd. Aur. Peras . See True Repraesent of the Proceed of the Kingd . of Scoth . since the late Pa●…is . &c. pag. 31. 2. Book Dis●…ipl . 7. Ch. The Reviewers bei●…fe is no confes●…n of the Bi●…hops . Aristoph . Ran. Scotish Presbyt●…rie is that meant in the Covenant though dissembled . Which detracts from the Kings suprema●…ie . 2. B Dise . 1. Ch. Statutum Parliamen●…●…sse solum quida●… , & cvilem appr●…●…sse tantum Christiani Prin●…pis ofsicium subjectionem suam Christ●… & Ecclesiae debitam tesianus Phil. Eplae ●…ind . Foraigae Presbyterian●…ashemed to justifie the Scotish Covenant , The Scotish Pr. never seriouslie ass●…rib'd any good intentione to the King. Natur●… insitum est omnibus Regibus in Christum odium Altar . Dam. praet…Cosque Deo Creatori non Redemptori imperium accepnm debere non obseure praedicârunt . Refut Epil . 〈◊〉 . Siquis non obscure praedicavit…Non longe aberavit Vindic cjustd…Non solume longinquo non impediens , connivens , vel plenariam potestatem…concedens…sed ●…oram intuens & talis facinoris asspectu delectatus . The Reviewer dares not speake out to the Bishops quaestion about taking armes for religion . — Vide quidem . pende tamen improba , dixit Mot. 6. fab . 3. The ambiguitie in the Covenanters words leaves religion to the libertie of their conceits . Se short Causes . begin . Nulla unquam gens in quovis seculo… Opus Resormationis feliciore prudentia animo & suecessu administravit , quam Scoti in sua patria Mot. Brit. Ver. Custin . Vincent , advers . haeres . c. 14. Their allegeance conditional . They fight against . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Ch. 9. Their Creed in words the same with ours but not in sense . Henderson and the Reviewers speaches about Bishops . Religion & libertie no good pretenses for taking armes . Simons's Vindicat p. 30. In Brut. The Scotish Presbyterians as enthusiastike as the Anabaptists & no more excusable by their religion for taking ar●…es Fayth no●… so comon , if such as commonlie defined . Sulpit. Sever in vita . S. Mat●…h . 10. 16. The Pr. Scots must bring beter markes then ●…eir ba●…t words for revelations Advers . haeres . cap. 14. They are cut throtes of Magistrates & planters of Religion by armes . Hist. Lib. 4. We say nothing to foraigne protestants taking armes . till they justific yours & & theirs by yours The Praelates decline not the judgement of Councels . Presbyterian crueltie , may by Gods providence be restrained . Admon . ad Gent. 
A92654	----	A proclamation, against the resset of the rebels, and for delivering them up to justice Proclamations. 1679-06-26 Scotland. Sovereign (1649-1685 : Charles II) 1679 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92654 Wing S1616 ESTC R230219 99895949 99895949 153557 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92654) Transcribed from: (Early English Books Online ; image set 153557) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:22) A proclamation, against the resset of the rebels, and for delivering them up to justice Proclamations. 1679-06-26 Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Edinburgh, printed by the heir of Andrew Anderson, printer to His most sacred Majesty, anno Dom. 1679. Reprinted for Andrew Forrester, in King-street VVestminster, [London] : [1679] At end of text: Given under our signet at Edinburgh, the twentieth sixth day of June, 1679. and of our reign the thirty one year. Arms 254; Steele notation: Faith, their un-. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Broadsides -- England -- London Broadsides -- Scotland 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion CR HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , Against the resset of the REBELS , and for delivering them up to JUSTICE . CHARLES , by the Grace of GOD , King of Great Brittain , France and Ireland , Defender of the Faith , To all and sundry our Leidges and Subjects , whom these Presents do or may concern , Greeting : Forasmuch as upon the first notice given to our Privy Council of the Rising and Gathering of these dis-loyal and seditious Persons in the West , who have of late appeared in Arms in a desperate and avowed Rebellion against Us , Our Government and Laws , We did declare them to be Traitors , and discharged all Our Subjects to assist , resset , supply , or correspond with any of them , under the pain of Treason . And the saids Rebels and Traitors , being now ( by the Blessing of God upon Our Forces ) subdued , dissipated and scattered ; and such of them as were not either killed or taken in the Field , being either retired secretly to their own Homes and Houses , expecting shelter and protection from the respective Heretors , in whose Lands they dwell , or lurking in the Country . And We being unwilling that any of Our good Subjects should be ensnared , or brought into trouble by them ; have therefore with the advice of our Privy Council , thought fit again to discharge and prohibite all our Subjects , Men or Women , that none of them offer or presume to harbour , resset , supply , correspond with , hide or conceal the persons of Robert Hamilton , Brother German to the Laird of Prestoun , John Patoun in Meadow-head , alias Captain Patoun , Joseph Lermont , alias Major Lermont , illiam Cleeland , John Balfour of Kinloch Whitfoord of Bla quhan younger , Meclellan of Barscob , John Wilson , Son to Alexander Wilson Town-Clerk of Lanerk , Ross 〈…〉 , pretended Major , Thomas Weir , Brother to Kirkfield , Hackstoun of Rathillet , Carmichael , Son to the Earl of Wig●on's Chamberlane , Cannon of Mondrogat , Mr. William Ferguson of Ketloch , James Russel in Kingsketle , George Balfour in Gilstoun , Andrew and Alexander Hendersons , Sons to John Henderson in Killbraichmont , Andro Guilan Weaver in Balmerino , George Fleeming younger of Balbuthy , Robert Dingwall , Son to Dingwall in Caldhame , Mr. Samuel Arnot , Mr. Gabriel Semple , Mr. Iohn Welsh , Mr. Iohn King , Mr. Donald Cargil , Mr. George Barclay , Mr. John Rae , Mr. Thomas Dowglas , Mr. Forrester , Mr. Robert Muir , Mr. Lamb , Mr. Richard Cameron , Mr. Davi● Home Ure of Shirgarton , Forrester of Bankhead , John Haddoway Merchant in Dowglas , James White Writer the 〈…〉 Cunninghame of Mountgrenan , and Mr. Iohn Cuninghame sometime of Bedland , James and William Cleillands , brethr●n 〈◊〉 〈◊〉 to John Haddoway Merchant in Dowglas , Thomas Bogle of Boglehole , alias Neither-Carmile , Gordons of Ea 〈…〉 older and younger , Medowgall of Freuch , The Laird of Remenstoun , brother to the Earl of Galloway , The Laird of 〈◊〉 - stewart , brother to the said Earl , Gordon of Craichlay Turnbul of Beuley , Thomas Turnbul of Standh 〈…〉 Hendry Hall , George Home of Greddin , Macky of Cloncard , Mr. John Kae , Somervel of Vrats , Mr. Archibald Riddel , brother to the Laird of Riddel , Catcharts , two sons of the Lord Cathcart , Blair of Phinnick , Murdoch , alias Laird Murdoch , R●lland Ritchison Fewar in Gilmerton and his three sons . Or any others who concurred or joyned in the late Rebellion , Or who upon the account thereof , have appeared in Arms in any part of this our Kingdom : But that they pursue them as the worst of Trai●ors , and present and deliver such of them as they shall have within their power , to the Lords of our Privy Council , the Sheriff of the County , or the Magstrates of the next adjacent Burgh-Royal , to be by them made forth-coming to law : Certifying all Persons , either Heretors , Tenents , or other Men or VVomen , as shall be found to fail in their duty herein , They shall be esteemed and punished as Favourers of the said Rebellion , and as Persons accessory to , and guilty of the same . And to the end , all Our good Subjects may have timeous notice hereof , VVe do ordain these presents to be forthwith Printed , and Published at the Mercat Crosses of Edinburgh , Linlithgow , Stirling , Lanerk , Air , Rutherglen , Glasgow , Irwing , VVigton , Kirckcudurgh , Dumfreice , Cowpar in Fife , Jedburg , Perth , and remanent Mercat Crosses of the Head Burghs of the several Shires of the Kingdom , by Macers or Messengers at Armes : And we do recommend to the right Reverend our Archbishop and Bishops , To give order that this Our Proclamation be , with all diligence , read on the Lords day in all the Churches vvithin their several Diocesses , that none pretend ignorance . Given under Our Signet at Edinburgh , the Twentieth sixth day of June , 1679. and of Our Reign the thirty one year . Al. Gibson . Cl. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1679. Reprinted for Andrew Forrester , in King-street VVestminster . 
A92666	----	A proclamation anent the rendezvouses of the militia, for the year 1683 Proclamations. 1683-03-23 Scotland. Privy Council. 1683 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92666 Wing S1684 ESTC R230232 99895953 99895953 153563 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92666) Transcribed from: (Early English Books Online ; image set 153563) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:28) A proclamation anent the rendezvouses of the militia, for the year 1683 Proclamations. 1683-03-23 Scotland. Privy Council. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, printer to his most sacred Majesty, Edinburgh : Anno Dom. 1683. At end of text: Given under our signet, at Edinburgh, the twenty third day of March, one thousand six hundred eighty and three: and of Our Reign, the thirtieth fifth year. Steele notation: Arms 232 Faith; giment Pre-. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Militia -- Mobilization -- Early works to 1800. Broadsides -- Scotland 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion CR royal blazon or coat of arms A PROCLAMATION Anent the Rendezvouses of the Militia , for the year 1683. CHARLES , by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as by reason of the not timous Intimation of the dyets of the general Rendezvouses of the Militia of this Our Kingdom the last Summer , there was no general Rendezvouses thereof keeped ; and We finding it necessar for Our Service , that the said Rendezvouses be punctually keeped for this year , and hereafter ; Have with Advice of Our Privy Council , thought fit to appoint the said Rendezvouses for this year , to be at the dyets and places after-specified , viz , The two Regiments of Foot , and two Troups of Horse of the Shires of Fife and Kinross , to beat Edinsmoore , the twenty two day of May next : The two Regiments of Foot , and two Troups of Horse of the Shire of Perth , to be at Perth , the twenty third day of the said Month : The Regiment of Foot and two Troups of Horse of the Shire of Forfar , at Forfar , the twenty fourth day of the said Month : The Regiment of Foot and Troup of Horse , of the Shire of Kincardine and Marischals part of Aberdene , at Aberdene , the thirtieth day of the said Month : The Regiment of Foot of the Shire of Bamff , and Err●ls part of Aberdene , and two Troups of Horse there , at Turreff the first day of June next : The Regiment of Foot and Troup of Horse of the Shires of Elgin , Nairn , and part of Inverness , at Elgin the fifth day of the said Month : The Regiment of Foot and Troup of Horse of the Earl of Seaforth , and Lord Lovits part of Inverness , at Inverness , the seventh day of the said Month : The Regiment of Foot and Troup of Horse of the Shires of Ross , Sutherland and Caithness , at Dornoeh the tenth day of the said Month : The Regiment of Foot of the Stewartry of Orknay at Kirkwall , the fifteenth day of the said Month : The Regiment of Foot and Troup of Horse of the Shires of Linlithgow and Peebles , at Celem-moore , the first day of the said Month : The Regiment of Foot of the Town of Edin●urgh , at the Links of Leith , the second day of the said Month : The Regiment of Foot and Troup of Horse of the Shire of Edinburgh , at Musselburgh , the fifth day of the said Month : The Regiment of Foot and Troup of Horse of the Shire of Hadingtoun , at Beinstoun moore , the sixth day of the said Month : The Regiment of Foot and Troup of Horse of the Shire of Berwick , at F●ggomoore , the seventh day of the said Month : The two Regiments of Foot and two Troups of Horse of the Shires of Roxburgh and Selkirk , at Ancrum Bridge , the eighth day of the said Month : The Regiment of Foot and Troup of Horse of the Shire of Dumfreis , the twelfth day of the said Month : The two Troups of the Shire of Wigtoun , at Milntoun of Orr , the thirteenth of the said Month : The three Troups of Horse of the Shire of Air and part of the Shire of Renfrew , at Air , the fifteenth of the said Month : The rest of the Shire of Renfrew at Renfrew the eighteenth day of the said Month : The three Troups of the Shire of Lanerk , at Hamiltoun , the twenty two of the said Month : The Regiment of Foot and Troup of Horse , of the Shire of Strivling and Clackmannan , at Sauchen-foord , the twenty sixth of the said Month : The Regiment of the Shires of Argile , Bute and Dumbarton at Dumbartoun , the ninteenth day of the said Month , for the Shire of Dumbarton and Bute , and at Inverara the twenty fifth of the said Month for Argile Shire . And We Ordain the whole Officers of Foot and Horse to attend their Charges , at the saids dyets of Rendezvouses , and the Heretors and other Out-Reikers of the Sojors , to have their men present ; ( habile ) according to Law ; with certification to the saids Officers and Heretors , if they neglect their duty herein , they shall be proceeded against , and fined conform to the Laws and Instructions made thereanent . And appoints the Muster-master General , by himself or his Deputs , to be present at the several Rendezvouses , and to return an Account to Our Council , of the Absents and Deficients , that they may be proceeded against according to Law. Our Will is herefore , and We Charge you strictly and Command , that incontinent , these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and several Mercat Crosses of the head Burghs of this Kingdom , and Burghs of Regality , and several Paroch Kirks within the same , upon a Sunday after Divine Service , and other places needful ; and there , in Our Name and Authority , by open Proclamation , make publication of the Premisses , that none pretend Ignorance . And We Ordain the Sheriffs of the respective Shires , to cause duly publish these Presents . Given under Our Signet , at Edinburgh , the twenty third day of March , One thousand six hundred eighty and three : And of Our Reign , the thirtieth fifth year . WIL. PATERSON , Cls. Sti. Concilij . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1683. 
A61509	----	Jus populi vindicatum, or, The peoples right to defend themselves and their covenanted religion vindicated wherein the act of defence and vindication which was interprised anno 1666 is particularly justified ... being a reply to the first part of Survey of Naphtaly &c. / by a friend to true Christian liberty. Stewart, James, Sir, 1635-1713. 1669 Approx. 1241 KB of XML-encoded text transcribed from 256 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-12 (EEBO-TCP Phase 1). A61509 Wing S5536 ESTC R37592 16976909 ocm 16976909 105606 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A61509) Transcribed from: (Early English Books Online ; image set 105606) Images scanned from microfilm: (Early English books, 1641-1700 ; 1159:45) Jus populi vindicatum, or, The peoples right to defend themselves and their covenanted religion vindicated wherein the act of defence and vindication which was interprised anno 1666 is particularly justified ... being a reply to the first part of Survey of Naphtaly &c. / by a friend to true Christian liberty. Stewart, James, Sir, 1635-1713. [40], 471 p. [s.n.], [London?] printed : cIc Icc LXIX [1669] Errata: preliminary p. [40] Reproduction of original in the Union Theological Seminary Library, New York. Imperfect: stained and torn with loss of print. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Honyman, Andrew, 1619-1676. -- Survey of the insolent and infamous libel entituled, Naphtali &c. Church of Scotland -- History. Scotland -- Politics and government -- 1660-1688. 2005-05 TCP Assigned for keying and markup 2005-06 Aptara Keyed and coded from ProQuest page images 2005-08 Mona Logarbo Sampled and proofread 2005-08 Mona Logarbo Text and markup reviewed and edited 2005-10 pfs Batch review (QC) and XML conversion JUS POPULI VINDICATUM , OR The Peoples Right , to 〈…〉 and their Covenanted R 〈…〉 Wherein the Act of 〈…〉 and Vindication , which was interprised Anno 1666. is particularly justified : The lawfulnesse of private Persons defending their Lives , Libertyes and Religion , against manifest Oppression , Tyranny and violence , exerced by Magistrats Supream and Inferiour , contrare to Solemne Vowes , Covenants , Promises , Declarations , Professions , Subscriptions , and Solemne . Engadgments , is de●●●strate by ●any Argum●●ts . Being a 〈◊〉 Reply to the first pa●● of the Survey of Naph . 〈…〉 &c ▪ By a Friend to true Christian Liberty . PSAL. LXXIV . Ver. 20 , 21 , 22 , 23 ▪ 〈…〉 e unto the Covenant ; For the dark places of the earth are full of the habitations of cruelty . O let not the oppressed returne ashamed . Let the poor and needy praise thy name . Arise ô God , plead thine own cause : Remember how the foolish man reproacheth thee dayly . Forget not the voice of thine Enemies ; the tumult of these that rise up against increaseth continually . HOS . I. ver . 7. But I will have mercy upon the house of Juda● , and will save them by the Lord their God ; and will not save them by bow , nor by sword , nor by battel , by horses , nor by horsmen . Printed in the Year , MDCLXIX . CHRISTIAN READER . IT will not ( I suppose ) be very necessary , to make any full Relation or large Deduction of the occasion and first rise of this debate , The same , being not only fresh and recent to all both Friends and foes , who have been Spectators of the great and wonderful workings of God in our Land ; but the memory thereof ( if it could be so soon obliterate ) is revived a fresh , by the constantly renewed acts of Tyranny and oppression , which , from yeer to yeer , The Powers , acted by the same Spirit of Enimity to the Cause and Interest of Christ , are exerceing , upon the account thereof : So that the Continual rage and Constant opposition , which the ingrained adversaries of the Glory and Kingdome of our Lord Jesus Christ are dayly acting and making against all who desire to keep a conscience void of offence both towards God and Man , and to remember with some sense and feare their solemne vowes and Sacred engadgments unto the Most High , will not suffer us to forget , how that After our Land was solemnely de●●uted unto God , by Solemne Covenants and indissoluble 〈◊〉 ; and the defence of the Reformed Religion , in Do 〈…〉 , Worshipe , Discipline and Government , become 〈◊〉 condition , yea the basis , of our political constitu●ion ; The King not only by his solemne and sacred oath swearing , and by his hand writeing subscribing , and so fully owneing and approving the same ; but upon these tearmes and conditions accepting the Royal Crowne and Scepter , in the day of his solemne inauguration . The People also upon the same tearmes promiseing all subjection and obedience in the Lord : And afterward in full Parliament confirming , ratifying , and approving the same ; and thereby giving all the security , which either Reason , Law , or Religion could expect or require , That all the Ends of these holy Covenants should have been , in all time comeing , really , sincerely and constantly prosecuted by King and Nobles , and all ranks of persons within the Land , with one heart and minde ; and consequently That the evils , particularly That accursed Hierarchy , fully and for ever abjured in these Everlasting Bonds , should never be countenanced , owned or favoured , far lesse re-intro-duced and established : and after , for our owneing of these necessary things , and of the Kings interest in subordination thereunto , we were invaded by the English , and ( the Lord , who for his his owne holy Ends , saw it necessary , and doth whatsoever he will in Heaven and in Earth , so disposeing ) overcome , and brought into bondage full Ten Years ; and at length , The King , who was forced to flee out of all his Dominions , returning , in such a remarkable and signal way , without blood , as might have engaged his heart more firmely then ever unto that God , who had done such rare , and unexpected things for him , and made him more then ever fixedly resolve to owne Him and his holy Interests , according to his former Vowes , Oathes , Subscriptions , Covenants , and Declarations ; and rationally ascertaned his Subjects , that these necessary and good things , should not only never be overturned and ranversed ; but also with greater Zeal , and resolution established , confirmed and prosecuted , then ever formerly : & how , instead of this , No sooner did the report of his Majesty's returne come abroad , but all the generation of malignants , who had ever been heart enemies to the work of God , which was carryed on in the Land , did lift up thei● head , insult over the People of God with all their might according to their ordinary insolency , spew out their Venome against the work of God , and at length obteaning power , did raze the same unto the very foundations , anull and rescinde all Acts , all Covenants , all Resolutions and Conclusions , which had been made and taken for setling and secureing the Reformed Religion in Doctrine , Worshipe , Discipline , and Government ; condemne all which had been done in carrying on the Work of Reformation , as pure and manifest Rebellion ; and having re-intro-duced and established abjured Prelacy with all it 's concomitant abhominations , did enact and enjoyne most tyrannically a full conformity unto all these abhominations , and presse , in a most horrid and arbitrary manner , the faithful Servants and seekers of God , to a complyance with these accursed and ever to be abhorred , courses ; and upon their simple refusal , did violently and barbarously eject the faithful Servants of Christ , banishing some out of all the three Dominions , incarcerating others , ( after thev had imbrewed their hands in the blood of the best of our Nobility , and Ministry ) and chaseing by their irrational and brutish acts multitudes of them from their flocks and familiars ; and then having in an antichristian manner , thrust in upon the People a crew of the basest and naughtiest wreatches the Earth did bear , & by their cruel and tyrannical acts , compelled & constrained the couscientious seekers of God , to accept of , countenance , owne , and constantly hear such , as lawful Ministers , lawfully called and sent of God ; and when honest People , considering both the way of their entry to be Antichristian , their doctrine false and erroneous , their conversation scandalous and abhominable , their qualifications rather such as sute the publick Ministers of Satan , then the called Servants of God , their whole deportment a manifest demonstration to all onlookers , that they were never called of God unto that work ; and considering how iniquously their owne faithful Pastors and Fathers had been thrust from them , and how by their solemne Oath they stood obliged to the constant keeping of a perfect antipathy , unto every part and pendicle of that abjured Hierarchy , and unto what was contrary to sound doctrine and to the power of godlinesse , and to the work of Reformation and Reformed Religion in Doctrine , Worshipe , Discipline , and Government , did forbear to yield obedience unto these antichristian and iniquous Lawes , did , by their arbitrary and barbarous executions , what by their High commission or inquisition-court ( arbitrarily and illegally erected ) what by cruel & bloody Souldiers commissionated without Law or order for that effect , oppresse , pillage , plunder , harasse , imprisone , fine and confine , impoverish , beat , binde like beasts , the faithful and loyal Subjects of Christ , and make their life more bitter unto them , then if they had been under the feet of Turks or Pagans . Under which intolerable , incredible and unexpressible bondage the godly of the Land , especially in and about Galloway , did for a long time groane , & cryed unto him who heareth the cry of the oppressed , that he would judge and plead their cause , and open some door of outgate , that they might be delivered from under the feet of those cruel taske Masters , and have an opportunity put into their hands of vindicateing the Liberty of their Reformed and Covenanted Religion , and of useing their lawful and vowed endeavours to free the Land of this horrible defection and Apostasy , that the fierce anger and wrath of God might be turned away there from , and Church and State setled upon their former solide and Christian foundations . At length the wonderfully wise God thought good to put them once to the tryal to see what they would hazard and venture for the recovering of the interests of Christ , together with their owne Liberty ; and unexpectedly in his holy and divine Providence seemed to them to impose a necessity upon them , both to run together , in their owne necessary defence , and to endeavour , with the extirpation of the abjured abhominations , the bringing back of the captivated ark of God : For about the middest of November 1666. When two or three Countrey Men providentially passing by , did see a poor old Man bound hand & foot like a beast by the Souldiers , sent out for that Effect by Sr. James Turner that bloody Atheist , being commov● with passion did calmely and friendly desire the Souldiers to loose him , but they accounting this such a High indignity , in their rage & fury assault them with drawne swords , whereupon the Countrey Men were necessitate to their defence , & in their defence did wound one of the Souldiers , at which the rest cast downe their armes : And being certanely perswaded that for this necessary defence they would be persecuted to the death , the next day with 6. or 7. more they seise upon other 10. or 12. of the Souldiers , whereof one was killed , the rest rendering their armes : Hereby the Countrey about being alarmed , & knowing that their tyrannous oppressours would be enraged more then ever , & account this a crime scarce expiable by the blood and ruine of the whole Countrey free & unfree gather together to the number of 54 Horsemen & some few footmen & advance to Dumfries , where they quyetly seise upon Sr Iames Turner and the rest of the Souldiers who were there , without any harme except the wounding of one who obstinatly did resist . Thereafter by divine providence they were led towards Air , & while within the Sheri●dome of Aire , where they stayed the space of seven dayes , several of the Countrey groaning under the same oppression , & longing for an opportunity of publick appearing for the cause & interest of Christ , against the Popish Prelatical & malignant faction , laid hold on this occasion , to joyne with their Brethren to help the Lord against the mighty ; so that their number was increased , though not to such a quantity as would have been expected , partly through the vvant of sufficient previous advertishment , ( not vvithstanding of vvhat diligence had been used , from the day of their appearance at Dumfries , to give notice to all vvho cordially loved the vvelfare of Zion , of their present distresse ) partly throvv the dissuasion of one vvho had been a chief instrument in apprehending Turner , & thereafter had deserted them , & partly through other discouragements , seeing fevv yea very fevv landed Gentlemen or Ministers appearing vvith them or for them , vvhich had no little influence also on the discourageing of several who came , together vvith the impetuous raines vvhich lasted night & day , vvhich made many vvonder that they did not vvholly break & dissolve . Yet the mighty power of God on their Spirits , and the lively sense of their duty , made the most part to hold on , and others to come unto them ( beside some who were upon their way and invincibly hindered from comeing at them ) as they marched thorow Clidsdale , where at Lanreck they solemnely renewed the Covenant , and thereafter marched Eastward to Bathgate & Colingtoun the enemy in the meane time pursueing them at the heels : While they were there , there came two Gentlemen unto them , pretending a verbal commission from the Enemy ( the one of which Gentlemen , they thought should have come alongs with the rest of that Countrey , & joyned himself with them , as a favourer of the godly , ) to presse their disbanding upon promise of indempnity , & this they urged , but they saw no call of God to deserte the work so : At length that Gentleman conveyeth the other , Early in the morning before break of day , thorow their guairds towards the Enemy , who ( as many think ) advertised the Enemy of the way they were to march to morrow ; yet not withstanding before they marched , they sent with that Gentlem. a letter to the General of the King's forces , showing the occasion of their being together in that place and in that postour , to wit , to presente their grievances unto the Council ( seing there was no other accesse for petitioning ) and therefore desiring a blank passe to such of their number , as they would send with their supplication unto the Council . When the Gentleman ( who had told the Honest party , that he had taken upon him , in their name ( though without their warrand ) to promise unto the General that , He engageing not to move further towards them , until he returned the next morning , They should do the like ) returneth to the General with this letter , he found him marching contrare to his promise : The honest party , having not engadged to stay , marched as they saw opportunity Westward toward Pentland . The enemy being advertised , very probably , as is said , cast themselves in their way , so that they came shortly in the view of other . The honest party , at this time were hardly 700 horse and foot , among the Horsemen scarce one hundereth were fixed in arms , The Footmen , beside some swords , had only some broken picks , ill appointed fire locks or muskets , many corne forks , and some had syths : And at this time all of them , were much wearyed with long & toyl some marches , hunger ( for these parts of the Countrey , thorow which they came , can bear witness to their sobriety and moderation , refuseing even to take what was offered , because they had not money to pay for it ) and cold ( by reason of the continual and exceeding great raine ; ) while they are thus in the view of other , The Enemy sendeth forth a party of choise men , who were met with by a troup of the honest party , and after some disput , mostly by swords , were put to the flight , and fled alongs the edge of the hill by sheep-rodes , so that there was no accesse to pursue by horses , but a party of foot was commanded to follow the pursute , whereupon the Enemies horses were forced to quite their ground and betake themselves to other ground no lesse inaccessable by the honest party . After near two houres , the Enemy , perceiveing that neither party could approach to other as they stood , because of a precipice betwixt them , came towards a plaine at the foot of the hill , and drew up in battalye . The honest party now seing that the Enemy was willing to offer battel , and that if they should withdraw , the Enemy would be encouraged , and many of themselves unavoidably discouraged , & if they should delay till tomorrow ( the sun being now near setting ) feared that many should fainte & flee away in the night time , and others should be lesse able to fight thorow hunger & cold , seeing no way how to relieve themselves with necessaries at that exigent , resolved to imbrace that occasion , & see what the Lord of Hosts would be pleased to do ; and therefore resolved after prayer to draw off the hill towards the Enemy , keeping still what advantage of ground they could : when thus they have approached , the Enemy send forth a troup , which was rancountered with another of the honest party and beate into their body , somewhat ( as some think ) inconsideratly upon the part of the pursuers . Thereafter the Enemies send off another party to relieve the former , which was met with by another of the Honest party , But with some disadvanva●tage to the Honest party , because they were to approach neare unto the very body of the Enemy , ere they could prove a reliefe unto their ●ormer party : Yet through the help of the Lord , they made their made their adversare-party flee shamefully . The enemy perceiving how they had been beaten three times in end , in fighting by partyes , and seeing how the strength of the Honest party , stood in those troups which had not as yet rallied , nor returned to their ground in order , advanced with their whole body of horse , in a full breast , with a pretty gallop , upon the two troup● as they were scattered , and drave them back upon the body and thus , ( the only wise God , who doth all things after the councel of his owne will , ordering it ) in a short time broke them all . And yet it is observable that moe were killed by the countrey men in their escapeing , then on the fields , The Enemy stayed on the fields all night and buryed their dead , who were not a few , The prisoners which were taken were carryed into Edinbrough , and though by these in power , in humanely enough used , yet by some , ( whose labour of love both towards the dead on the fields & to the prisoners , the Lord will not forget ) tenderly provided and cared for , though in a clandestine way . Of these prisoners who were taken on the fields , & others afterward apprehended by Countery men , there were Six and Thirty or thereby publickly hanged at Edinbrough , Glasgow , Aire and other places ; and their heads and other members of their members of their body are upon poles unto this day , to keep the memory of this Noble exploite fresh upon the Hearts of the Godly . I shall not further recapitulat what is said concerning this by Naphtali : Only I would say this , That though many might have been tempted to think , & possibly the Enemy might have imagined , That now their cause was confirmed with a witnesse , & the honest patriots condemned by God the righteous judge ; yet after experience made it appeare , that the honest cause was never more confirmed then by the death and sufferings of these , whom they cruelly murthered as traitours and rebels , The Lord so visibly owneing them to the conviction of on lookers , that they were no more afrayed of death then of a quiet rest in their beds , being ascertaned of the Lord 's accepting of them and their weak endeavours , to restore the Kingdome , however He , who is wise in counsel thought it not for his glory , to prospere them in their undertaking , at that time : And this very consideration did much help to restraine the remainder of the wrath of the adversary , who were so enraiged , that few thought they should ever have sisted , till they had executed all who were their captives . Yet the generation of the prelaticall and Malignant faction , ( judicially hardened by this dispensation , because as so many carnal sensualists , if they beleeve at all that there is a God , they measure him and his wayes by their owne yaird , and judge of his approving or disproveing of actions by outward dispensations , to whom I shall say no more , but Careat successibus opto , quisquis ab eventu facta not and a puter ) did not cease to ●ant after the determinations of the cruel & bloody Council , and cry out upon those Noble and worthy patriots , ( whose memory shall be in everlasting remembrance ) as Traitours and Rebels justely condemned and executed . Whereupon the author of Naphtaly thought himself called of God , to write in justification of these innocents . And because he saw it was the same Spirit of madnesse and malignnancy , which had raged against the work of Reformation , from the very beginning , that did act those in power against these worthies ; and that there was no material or substantial difference betwixt the way which these late worthies took , and the way which our fore-fathers , in the valient maintaineing the interests of Christ , and promoveing the work of Reformation in our land , had followed in their generation ; therefore he thought it necessary and useful to make a cleare deduction of the opposition , which that poor Church met with at the hands of a Popish Prelatical , and Malignant faction ; And of the constancy , valour and Zeal of the Lovers of God and of his interest , in adhereing thereto , and maintaineing the same , against all the rage and fury of the adversary ; & of the Lord's blessing their Noble endeavours with special and remarkable successe : And all alongs did clear their innocency , and vindicate them from the aspersions that wicked Enemies could lay against them ; and their actions from such objections as wickednesse it self did or could make against them ; And at length after a clear representation of the furious genius of the Malignant Apostat generation of this age , by their publick and avowed acts and actings , and of the sad calamities , which the honest adherers to the cause and Covenant of God hath suffered , did shew the rise and progresse of that loyal interprise , and did fully vindicate the actors therein , from the crime of Sedition , or Rebellion , with which they were most unjustly charged , and for which cruely and tyrannically executed . But the Mensworne generation of prelatical Apostats , finding themselves nearly concearned in that affaire , thought it of their concernment to try , what could be said in defence of this tyranny ( exerced mostly for them , and at their instigation ) set some on work to write against that book . And therefore they published to the world . The I. Part of a Survey of that book entituled Naphtali , and of several doctrines in Lex Rex and the Apolog : ( which had been at rest for some considerable time , especially Lex Rex , after they had been burnt into ashes , as being judged no otherwayes answerable but by a fiery faggot , till this Man began to rake in the ashes of these dead Martyres , and finde some bones of doctrines yet unburnt , which he thinketh now to honour with a more solemne burial . ) But with what evidence and demonstration of truth , he hath managed the questions handled in this first part , thou mayest judge by what is here replyed , in vindication of that solemne truth , which he endeavoureth , according to his poor strength , to dethrone and tread under foot . Though we have not followed the Surveyers Methode , disireing to be as succinct as might be , and to cleare that maine question controverted , touching the lawfulnesse of privat persons defending themselves and their Covenanted Religion , from the manifest violence , tyranny and intolerable oppression of the Soveraigne and inferiour Magistrats to the edification of all ; yet we have not dealt with him , as he hath done even with Naphtali , the book which mainly he setteth himself against : For he is so far from answereing that book of which he offereth a survey , that the most part of the grounds , and arguments made use of there , to prove the thing intended , are not so much as touched by him in all this voluminous pamphlet : But we have fully examined and answered all which he hath asserted , leaving not one material sentence , which was to the purpose , in his whole book , untouched . The judicious Reader will finde this true upon search ; And no man will think we were called to answere the same thing oftener then once , though he was pleased to fill up many pages with meer repetitions . The methode we have followed , all who know what it is to cleare controversies , vvill acknowledge , to be the most solide , satisfying , succinct and perspicuous ; and such , against which no man can justly except . We suppose also That we have been as plaine and cleare as the nature of this controversy vvould suffer us ; ( and some possibly vvill think VVe have been too too plaine ; but they knovv vvhom to blame , for giving us this occasion , ) for vve made it our designe , to bring this question , vvhich did concerne common people no lesse then the learned , ( seing it was a matter of life and death unto them , no less then unto others ) home , so far as was possible , to the capacity of the meanest , that they might know , and be distinct in the knowledge , and perswaded of the lawfulnesse , of the grounds of their acting in such a vindication of their Religion and libertyes . The truth we have confirmed by many arguments , reduceing them to their several heads , the better to cleare and confirme the matter , and to settle the judgments of all in the apprehension of the Truth : and all of them we have so framed , that every one of the lowest reach , may see how they plainely and peremptorily force home the poynt cotroverted , with a demonstrative perspicuity , and irrefragable strength . So that whosoever shall undertake to draw this saw againe , must not think to leave any one of all the arguments which are here adduced ( & if he reckon aright he will finde moe then a hundereth , which I shall make good if put to it ) un-examined ; for if any one hold , ( And I am not afrayed that many of them shall be found feeble ) the cause vvhich vve contend for is uncontrovertably yeelded , seing one reason , which is unanswerable , is enough to captivate the judgment unto an assent unto the truth : & one argument deserted of the adversary , declareth his cause desperate . We have also dealt faithfully and ingenuously , touching on every thing , vvhich vvas offered to us , and vvich vve thought might conduce unto the clearing of this contraversy : & because we finde some thing belonging unto this question , said by the author of the Second part of the Survey ( vvhich is now come to hand ) in the last chapter Pag. 263. &c , We shall a little touch upon that here , reserving the examination of the rest of this 2. Part until a fitter opportunity , when , if the Lord will , we shall discover the weaknesse of all his reasonings , and vindicate the truths vvhich he setteth himself against , vvith as much clearnesse and succinctnesse , as may be . He cometh , in the place now named , to consider the defence made by the impanelled unto what was objected , or what further defence , Naphtali ( whom after the old manner he stileth the Lybeller ) makes for them . And 1. He tells us . [ They were posed , where they had learned , that under pretence of Religion , it is lawful for Subjests , to rise in Rebellion against lawful authority . ] And then addeth . [ That to this Queree , this advocate declines to give a direct answere , where such a thing , is read or could be instructed . ] Answ . Who doth not see , That this was a Queree utterly unbecomeing such as pretended to occupy the places of lawfull judges in such matters , to propose to persones Empanelled upon their life ; it being nothing but a meer caption , like unto that which is called Multiplex interrogation , unto which , both the impanelled , and this Advocat ( as he calleth him ) might lawfully have declined to give a direct answere : Because it supposed 1. That their riseing was against lawful authority Whereas it was rather a riseing for lawful authority , while against persons abuseing their authority , and not walking in the right line of subordination unto the Supream Magistrate and Governour of Heaven and Earth , but rebelling against him in makeing lawes contrary to his lawes , and executing them contrary to his will and command . 2. That their riseing was in rebellion while as it was rather in loyalty to God and the Countrey , against such as had erected a Standart of rebellion against the High and mighty Prince Jesus Christ our Lord and Supream Governour , and were destroying his interests : And in loyalty to that Supreme law The saifty of the People , defending themselves against manifest and intolerable tyranny . 3. That it was in pretence of Religion , when as it was really and unquestionably for the re-establishing of our religion reformed in doctrine , worshipe , discipline , & government , confirmed , ratifyed and approved , by Solemne Covenants , Subscriptions , vowes , oathes , engadgments , declarations , professions , publick actings , acts and Statutes , of King , Nobles , persons of all ranks , Parliaments and judicatories Higher & Lovver : Whereas the true Queree was this Where they had learned to rise in their owne defence , and in the defence and maintainance of the true reformed Religion , against Such in power who were tyrannically oppressing them , and destroying the Established Religion , contrare to Vowes , Covenants , Promises , Compacts , Declarations , Protestations , Solomne Engagements , Subscriptions , &c. And if the Queree had been thus proposed , it might have received a direct answere , To wit , That they had learned this from the law of God , the lavv of Nature , the civil lavv , the lavv of Nations , Sound reason , and the practices of Christians , both under the law , and under the gospel not onely at home but also abroad . When Naphtali said That it was a cleare beging of the question to suppose that the late riseing vvas only in pretence of Religion . This Surveyer answereth That it is a very poor quirck . And why so ? He should know ( sayes he ) that in ordinary language , a thing is said to be done under pretence of another , whether the pretension be yet dubious or under controversy , or whether it be falsely made or trely ? Answ . Such language as this may be ordinary with him , it may be , and his complices , that corrupt fraternity , with whom pretences are real , and real things are pretences ; but sure to all such , as understand plaine language , this queree did praesuppose that the riseing was not really but in pretence for Religion : Did ever these in power , make it out , or offer to make it out , that it vvas not really for Religion ? Naphtali said more over That the Queree it self seemed to imply aud grant , That for subjects to rise in armes really , for the defence of Religion , against the invasion of the powers , under the pretence of lawful authority , is both lawful and laudable . This , sayes the Surveyer , is as vaine a quirck How so ? for , ( sayes he ) let it be so , that the objection was meaned only of riseing upon meer pretences of Religion , will this inferre , that therefore there might be a riseing upon real intentions for Religion , against the Magistrate ? Answ . Sure to all of common sense , it sayes that the proposers of the objection did yeeld so much , having hinted nothing to the contrary . Did they say giving but not granting it lawful to Subjects to rise in armes really in defence of Religion , &c. Why then might it not have been taken for granted , that the objecters durst not condemne this , especially seing the maine stresse did lye upon that supposed pretence . Ay but he tels us , That he affirmeth That upon neither of the two , insurrection against the Magistrate is lawful , — and that these people did not rise really for Religion , but to maintaine themselves in the course of atheistical contempt of Religion and God's ordinances , to pull down all authorities in the ●and ( as their advocat pr●fesses and justifies their so d●ing ) and to destroy these in their innocency whom they had appoynted to death . ] Answ . His affirmations and assertions , are but weak and beggarly proofs , though he strengthen them with manifest and notorious lies : And whether there be a truth in what he here affirmeth or not , we leave the Reader to judge , when he hath read , and considered what we have said in the following vindication . Next Some texts of Scripture vvere objected , as 1. that 1 Sam. 15 : ver . 25. Rebellion is as the sin of witchcraft . To which ( sayes Naphtali Pag. 156. ) One of themselves did roundly and clearely answere , that , the sentence being spoken by the Prophet to the King , because of his disobedience and contempt of the command of God , and not to Subjects , would sooner conclude his accusers then himself to be a rebel . This the Surveyer , Pag. 264. calleth a very poor answer . And yet so pertinent and plump that it stopped the mouth of the accusers , & filled their faces with shame : But why was it such a poor answere ? For albeit , ( sayes he ) that high rebellion immediatly againsi God be principally meaned , yet the soveraigne Magistrate being the Lord's deputy , and bearing the image of his Soveraignity upon Earth , whom he commands to reverence and obey , and of whom he hath said , yee are Gods ▪ Psal . 82. the despiser of the Soveraigne Magistrate , & a rebel against him doing his duty , is a rebel against God Answ . Those words Doing his duty were very well added : But sure when such are rebelling against God , enacting things diametrically opposite to his law and testimony : persecuting the Subjects because of their adherence to the lawes of God , to their vowes and Covenants ; and by force , & cruelty overturning the covenanted Religion , destroying the interests of Christ , the true and lawful liberties of the people , and the common good , they are not doing their duty , nor carrying themselves as the deputies of God , bearing the image of his Soveraignity , but rather as manifest and avowed Rebels to God. And therefore , what ever can be said from this place to prove it rebellion , and as the sin of witchcraft , for subjects to despise the Soveraigne Magistrate , and to rebel against him doing his duty , neither from this place nor any other can it be demonstrate , that the late Risers vvere guilty of Rebellion . Did not the author of Naphtali tell him . 2. That riseing up against authority it self , the Ordinance of God , and disobeying the powers therewith vested , standing and acting in their right line of subordination , is indeed rebellion , and as the sin of witchcraft ; but to resist and rise up against persons abuseing sacred authority , and rebelling against God the Supream , is rather to adhere to God as our liege Lord , & to vindicate both our selves , & his abused ordinance , from mans wickednesse and tyranny , What meaned he then to say the same thing which Naphtaly had said ? Is this to answere his adversary ? And not rather to yeeld the cause ? Ay , but left we should take these words doing his duty as importing any confession . He addeth . Yea suppose , we are never to follow the Magistrate , when his commands are contrary to God ( for that were to leave our line● of subordination to God , ) yet when he swerves and goes out of his line , to take the sword against him , is but to study to cure his sin by our owne ; And because the King one way leaveth his line of subordination to God , therefore to leape out of our owne line in that subordination in another way . Answ . This Man speaketh contradictions , when he maketh a supposition that we are not to follow the Magistrate , when his commands are contrary to God , and yet sayeth if we do follow , we leave our line of subordination to God. We see what the Man's Spirit would have carryed him to , if he durst have vented it . But how proveth he that this is our sin or a leaping out of our line of subordination , to resist tyranny , and men abuseing their authority to the subversion of Religion , libertyes , and the common good of the Subject ? we have proved the contrary , and answered all , which he or his collegue , the author of the former part hath said , and shall be ready to say more when any nevv ground is given . The next passage of Scripture which was objected , was Mat. 26 : 52. To which ( said Naphtaly ) it was sufficiently answered ( without any reply ) by one of these impeached ( whom they accounted distracted , though without the least appearance of impertinency , by opponeing Luke 22 : 36. ] What now fayeth the Railing pamphleter ? Certanely ( sayes he ) [ This libeller seemeth not to be far from some measure of distraction , while he alloweth the distracted man's answer as sufficient : Who of sound judgment will think that a scripture is sufficiently answered by produceing another , which seemeth contradictory thereto ? This is not to solve an argument from scripture , 〈◊〉 to set the Scriptures by the eares together . ] Answ . Naphtaly did not ●●ok upon that man as , nor yet say that he was , distracted , and sure his answere being so apposite and pertinent , as that it did confound the objecters , so as they had not what to reply , might have more then sufficiently convinced them of their errour , seing thereby they might have perceived , that when they little regairded the solid and unanswerable confutations which God suggested to such , as they could not but suppose both wise and sober , God would prompt one whom they accounted distracted , to give such a rational , solide , and binding ansvvere , as all their vvit & learning could not frame a reply unto ; It seemeth if this Surveyer had been rideing on Balaam's asse , he vvould have been more furious and mad after the revvard , then vvas that vvicked vvretch , and vvould have thought himself more brutish then the asse , to hearken to vvhat the Lord did put in the mouth of the asse to say , by way of rebuke . Thinks he that no man of sound judgment vvill think a scripture sufficiently ansvvered , by produceing another ; And that this is but to set the scripture by the eares ? Then it seemeth vvith him , no man of a sound judgment must think that our Lord Jesus did sufficiently ansvvere that passage of Scripture vvhich Satan abused , by adduceing another , Mat. 4. But that Christ did nothing but set the scriptures by the eares , is this far from blasphemy ? I vvonder vvhere vvas the devils vvit that he had not this reply to make unto Christ's ansvver , vvhich this Surveyer here maketh ? It seemeth our Surveyer can easily out-vvit the devil himself , and declare himself better vvorthy of the chaire . But enough of this here , seing it is obviated Chap , XVII . Obj. 15. The author of Naphtali did further give these ansvvers . 1. That from the place it self , & all the Euangelists , it is most evident , that that command was given , and these words spoken by our Lord , only for to testify his voluntare submission unto the fathers will , by laying down of his life for fulfilling the Scripture , as is clear From Math. 26. ver . 54. and Joh. 18 : 11. Otherwise the context being considered , ( that notonly in Luke . 22 : 36. cited , He , forewarning his disciples of hazard to come , adviseth them to provide swords and weapons . And Mat. 26. asserts his power to have called 12 Legions of angels to his assistance , which clearly implyes the lawfulnesse thereof ) this Scripture objected doth more confirme then impugne the lawfulnesse of defensive armes . ] What sayeth our Surveyer to this ? He sayes 1. That passage , Luke . 22 : 36. is perverted by him . Why so ? Because Beza , Diodat , and Iansenius acknowledge that speach to be wholly allegorick . And then addeth , that in very dead it cannot sustaine that Christ should here enjoyn them to buy swords of outward mettal , seing it was not Christ's minde that at that time they should use such swords , no not in defence of his owne person , would he have them sell their cloaths to buy swords , and then not use them ? Answ . Though we have obviated this reply , in the place cited Chap. XVII . and fully vindicated our argument from this passage Chap. XII . Arg. 13. beginning Pag. 260. Yet we shall adde this , that sure Christ's Disciples tooke him to be speaking of vveapons & svvords of outward mettal , when they said to him here are two ; and as sure it is , that Christ's reply saying it is enough , hinteth at no spiritual armour othervvise vve must say that his Disciples at this time vvere sufficiently fortified against all Spiritual vvars and combats ; and yet after experience proveth the contrary : And no lesse sure is it that if Christ had here meaned Spiritual armour , he vvould have been loath to have left his Disciples in such a mistake , vvhich vvas of so great concernement for all time comeing , novv especially vvhen he vvas shorthly to be taken from them : And vvhere do vve finde him rectifying this mistake of the Disciples , or saying , That he meaned no such svvords ; his saying it is enough , Importeth some other thing , as is said : Againe , if this speech be wholly allegorick , what way will they expone these words , But now he that hath a purse let him take it , and likewise his Scripe ? But as we see no ground for an allegroy here , so we may not expone Scripture by allegories when we please ; all know how dangerous it is to do so without clear warrand . And as for this Surveyer's reason added , it is of no weight to force us to accept of such an interpretation , for though it was not our Lords minde , that they should use those swords further at that time ; yet he might have taught the lawfulnesse of self defence in other cases where there was no positive command to the contrary , by thus saying unto them , He that hath no sword , let him sell his garment and buy one , Since he had not made use of such forcible defence before , to have showne them the lawfulnesse thereof , as he did of flight , which also at this time , he would not make use of ; and that they might see how voluntaryly and of his owne accord he laid downe his life , in obedience to the command which he had received of his Father , who would not make use even of that meane which he had declared lawful , by adviseing them to provide swords . Againe the Surveyer replyeth , The question is now anent the lawfulnesse of privat mens useing defensive arms against all Magistrats , without any shadow of authority : And to prove this he alledges that God by his absolute power might send 12. Legions of Angels to help Christ : God hath authority above all authorities in the World , and he may imploy Angels or Men , as ●hse pleaseth , and then they have a good warrand and authority : But what makes this for any privat Mens useing the sword against the Magistrate , without authority either from God or Men ? It is wonder us reasoning from Gods absolute power , & the efficacy of Christ's prayer , — to argue the lawfulnesse of privat Mens resistence of the lawful Magistrate without any warrand from God. Answ . This is to us , no strange way of replying , seing we have met with the like so often before . No Man sayeth , let be undertaketh to prove whether by this or any other argument , that it is lawful for privat persons , yea or for Kings and all in authority , to resist whether lawful Magistrats or others , without a warrand from God. What a non-sensical contradictory conclusion , should this be ? But this we say , That it is not in every case unlawful nor wanteth it a warrand from God , even for privat Subjects to defend themselves from the Tyranny of those in power , by forcible resistence , notwithstanding that Christ would not suffer his followers to make use thereof , in his case , which was singular : And , among other things , his saying , that he could obtaine by prayer of the Father 12 Legions of Angels , for his succour , doth confirme it : For if he might not make use of mens help , neither might he seek the help of Angels : So that we argue not from God's absolute power , but from Christ's professing , he might , if he would , obtaine the help of Angels , we show that in itself abstract from a particular positive command to the contrary , it was not unlawful , for the Disciples to defend themselves and their Master , nor for Christ to make use of their help , as it was not in itself unlawful to make use of the help of Angels . Which yet in that case he would not do . 3 , He replyeth , Albeit one part of our Lords designe , is to testify his willing submission , to the pleasure of his Father , yet that is not all ; for any occasion of this prohibition to Peter , he giveth a general rule to all his Disciples being privat Men , and to all private Men , that they should not take the sword , God not giving them Authoritie : Answ . If he meane by Authority , publick Magistratical authority , He but begs the question ; and if he meane a lawful warrand , we grant all : For though privat persons have not the Magistratical power of the sword ; yet we have sufficiently proved that they have a warrand , in cases of necessity , to make use of the sword of defence or resistence , in their owne defence : And Christ's Word speaks nothing against this . And if he should say , That Christ's sentence being general admits of no such exception , I would gladely know , how he will salve the lawfulnesse of publick persons taking the sword , for Christ speaks in general to his Disciples , He who taketh the sword shall perish by the sword : and I suppose he will not exclude Kings & Magistrats from the roll of Christ's Disciples . If he say , he meaneth all these unto whom God giveth no authority Magistratical . How shall he prove this ? If he say he speaketh to his Disciples who were private Persons . True , but it is as true , That he speaketh to his Disciples who were Ministers . Ergo shall it concerne only Ministers ? And that he speaketh to his Disciples who were Christians . Ergo it must also concerne all Christians & Magistrats as well as others . Thus we see his evasions are naught : And the true meaning is , that all such as make use of the sword , without God's warrand ( which the Disciples now wanted , having God's minde revealed to the contrary in that particular , ) shall perish by the sword : and with this restriction we admit of it , and he cannot reject it : And then it will make nothing against us , as is said & proved . Naphtaly answereth 3. Is it possible that men should be so far demented by flattery , as to think that it was unlawful for Iesus Christ , the mighty God and Lord over all , to have defended himself by the assistence of his Disciples , against the horrid wickednesse and insurrection of the vilest of his creatures , had it not been that it was necessary that the Scriptures concerning him should be accomplished ? The surveyer sayeth , He is insolent in saying so : Why so ? Because , albeit it be true , Christ as God , could have destroyed by himfelf or his instruments all the vile creatures that rose up against him ; yet Christ as Man , submitting himself in our nature to fulfil all righteousnesse , submitted himself to Magistracy , as the ordinance of God — and whatever by God's Law was unlawful for a subject to do , ( as rebellion against lawfull powers is ) the Son of God in the state of his humiliation submitted that the same should be unlawful to him as Man &c. Answ . It is true Christ as Man became Subject to the Law and to Magistracy as the ordinance of God. But to say that therefore He might not defend himself against the vilest of his creatures , who rose up to take his life , though abstract from that particular case wherein he had a particular command of God to lay downe his life , because that would have been rebellion , is but to begg the question , and we have said enough to prove the contrary . Naphtaly had a 3. answer thus . Where our Lord sayeth in the place objected , all they that take the sword &c. as he thereby only condemneth unjust and offensive war ; So the saying itself by its later part , doth tacitely imply the lawfulnesse & justice of both defensive & vindicative arms , the same being otherwise justly founded . Unto this The Surveyer replyeth 1. That the first part is false ; for then , sayes he ; That sentence should not be pertinently applyed to Peter's fact or fault , for his useing of the sword was defensive and objectively just on his part , to wit , in defence of his master , whom they did invade ; yet he is reproved as wanting lawful authority . Answ . Peter's wanting a vvarrand for any further use of the svvord , made , it is true , his vvar unjust yea and offensive , for all lawful war ( except where God giveth a particular command to destroy a nation or people , as he commanded the Israelites to destroy the Canaanits , and Saul to destroy the Amaelekites , ) is in a manner meerly defensive , as sundry politicians averre , thinking no ordinare war lawful , but what is defensive : And so this war being contrare to the revealed will of God , was unlawful , and so condemned by this sentence . But to gather hence , that every defensive war of Subjects is hereby condemned , is to put more in the conclusion , then is in the premisses . His 2 reply is That the later is most falsly concluded , if he meane defensive and vindictive armes against the Magistrate , for albeit defensive and vindictive armes be otherwayes justly founded , the defect of a lawful authority makes them unjust and sinful : And it is utterly against Christ's minde , and scope of the text , to allow defensive as well as vindictive armes against the Magisirate , for Peter was defending himfelf and his Master , and revenging the invasion made by Malchus the Magistrats servant upon Christ , and yet he is reproved for both . Answ . To say that the defect of a lawful authority ( as he understandeth it ) maketh a defensive war in subjects against their Magistrats , otherwise lawful , is but to beg the question , and is not proved by any reproof Peter gote , because as we have often tolde him , that was a particular case , it being necessary that the Scriptures concerning Christ should be accomplished , which is only added by our Lord , as the ground of his discharging Peter to proceed : Christ never tels him that it was against the lawful Magistrates , and therefore might not lawfully be : Yea that which made Peter's Defence in this case unlawful , would not Permit I. C. to pray to his father for aid or deliverance : now if he will conclude from Christ's discharge of Peter to make use of the sword , that it is simply unlawful for persons not cloathed with publick Authority , in any case , to defend themselves from the unjust violence of Magistrates , then let him conclude also from Christ's example that it is unlawful for them to pray for help from God when they are oppressed : for Christ gives on reason for both . We are willing to grant him all that can be drawne from the scope of the place , to wit , that when God hath so plainly declared by his providence , that there is not so much as place left for praying that the thing where with we are threatned may be avoided , but that we must suffer , and that then it is our duety to seek to be strengthened with all might , according to his glorious power , &c. That in this case , to take the sword is unlawful , this I say we willingly grant ; but if he would wrest the words further to make them say what he would have them he erreth not knowing the scriptures nor attending to their scope : Yea , it may be questioned if the Chiefe Priests , Scribes and Elders who sent out that band of souldiers , vvere lawful civil Magistrats , at this time , having power and authority from God , to use such civil force and coaction , and not rather usurpers . But we need presse this no further , having ground sufficient , to maintaine what we assert , even yeelding this unto the adversaries . After that Naphtali had considered these passages of Scripture which were objected to the impaneled , He proposed two other to be examined : The first vvas Ioh. 18 : 36. If my Kingdome vvere of this vvorld , then would my servants fight that I should not be delivered to the jevves , Vnto which Naphtaly answered thus . As the intent & scope of our Lord's ansvver vvas to clear himself of that calumny objected against him by the Iewes , that he made himself a King in opposition to Caesar ; So the meaning of it is plaine and obvious , to vvit , That our Lord's Kingdome is not of the Nature , and for the Ends , for vvhich other Kingdoms of this World vvere instituted ; but vvholly spiritual , for declareing the Truth , & thereby gaining souls unto glory : Whence as our Lord vvould there inferred , that he came not to conquer to himself disciples by outvvard force , and thereby to gaine follovvers to the spoiling of Caesar , and other Princes ; So it is vvithout all shaddovv of connexion , thence to conclude , that a people having received the blessing of the gospel , and Kingdome of Jesus Christ , should vvithout resistance suffer themselves ( to the manifest dishonour of God , and the hazard of the eternal damnation of themselves and their posterity ) to be impiously and sacrilegiously spoiled and deprived thereof , vvhen they are in capacity to defend the same . This the Surveyer accounteth Pag. 268. an extravagant exposition ; and why ? Is not ( sayes he ) Christ's plaine meaning , to declare the nature of his Kingdome to be spiritual , by this , that none of his servants vvere engaged merely upon this account , and under this formality , that they vvere his Servants , to fight violently for him ? This vvas security enough to Caesar , & all Magistrats for ever , that none of his subjects should take up armes in his quarrel against them , but should only do so vvhen Religion came to be a Lawright , defensible under the Magistrats protection against all forreigners ; But there is not the least hint of his saying , that he came not to conquere disciples to himself by outvvard force , his intention being meerly to give assurance , that violent resistence to our proper Magistrates , even in his behalfe , is unsuteable to his Kingdom . ] Ansvv . 1. Mr Hutcheson on the palce tels us , that Christ's scope here is expresly to ansvvere to the accusation concerning his Kingdome , and speaks so much of it negatively , as might satisfy Pilate , That it might vvell enough consist vvith the saifty of the Roman State. Therefore he shevveth that his Kingdome was not a wordly Kingdome ; and for proof thereof , he instanceth how far he was from aspireing to a Kingdome by force of armes , in that he would not so much as permit his servants to fight in his defence , as they offered to do , vvhen the jewes came to take him . ] . This , in my apprehension , is not one and the same with the Surveyer's glosse , and lesse discrepant from Naphtali's glosse , then is his . 2. What though it should be granted , that none of Christ's servants vvere engaged , meerly upon that account , and under this formality , to fight violently for him ? Will it hence follow that Christians in a Kingdome , may not stand to the defence of the professed Religion , received and sworne to by King and all rankes , against manifest tyranny and oppression ? I see not the consequence , seing they may do all this as civil Subjects , good countrey men , and loyal patriots : and this is enough for us . 3. Himself dar not deny , but even Christians , sujects of Christ , may take up arms in his quarrel , in some cases , for he granteth it may be in this case , vvhen religion cometh to be a Law right defensible under the Magistrates protection against forraigners ; But , is there any ground for this exception alone in all Christ's answere ? 2. If there be no ground more for this then for others , vvhy may not we put in our exception , as well as our adversary putteth in his ? 3. If it become a Law right , why may it not as well be defended by private subjects , as other Law rights and civil libertyes , are and may be , even against Magistrates ? 4. Shall it not be defended even when it becometh a Law right , against forreigners , but under the protection of the Magistrates ? Then , if Magistrates will not concurre , private persons may not defend their Religion by force of armes , against an army of Turks Papists or Heathens , comeing to presse all to Mahometanisme , Idolatry or Heathenisme ? What height of absurdity were here ? 5. Since Christian Magistrats are Servants to Christ , as well as Christian subjects : Why shall it be more lawful for them to engage in Christ's quarrel under this formality , that they are his servants , then for meer subjects ; seing Christ maketh no exception here , of one or other , nor distinction among his Servants ; and seeing this seemed to be as little security for Caesar as the other , if the scope mentioned by the surveyer be the true scope ? 4. The particular mentioned by Naphtali is more suteable to the true scope , then this vvhich the Surveyer mentioneth : For the question vvas not touching resistence to our proper Magistrates in Christ's behalfe . But whether Christ was a King or not : to vvhich Christ answered That hovvbeit He vvas a King , yet his Kingdome vvas consistent vvith Caesars Kingdome : And as he come not to conquere Subjects to himself by outvvard force , so he minded not to erect a temporal Kingdom by armes . Naphtaly did adde further . The truth whereof , together with the hypocrisy of our adversaries , may soon be discovered , if the question be but stated in the tearms of one forraigne and independent prince's invading another , meerly upon the account of the Christian faith ; and whatever solution or evasion they shall herein make , will as exactly quadrate to the case in hand , it being almost ridiculous to conceive , that the greatest-aggravations of invasions of this kinde , to wit , that it is made by a prince upon his owne subjects , ( whose profession he himself is principally bound to maintaine ) should import any speciality and difference in the cases . Unto this I finde no ansvvere in special returned by the Surveyer , unlesse Pag. 267. he mean Naphtaly vvhen he sayes , But the Apolog. very paradoxically will maintain Pag. 159. That there is more reason to resist our own Magistrates — then forraigners , because our owne being bound to maintaine our profession , his invasion upon the same is aggravate , and he is rather to be resisted by violence then others , ] for I finde no such thing in that place of the Apolog. by him cited , and that vvhich I just novv mentioned out of Naphtali is indeed in Pag. 159. and though he miscite the vvords , and vvrest them after his vvonted manner , yet the Reader may see it probable that he intendeth Naphtaly . Hovvever let us see vvhat he ansvvereth ; Thinks●e ( sayes he ) That it were soundly said that if parents should make disorder in the house , that the children , and rest of the family , should use violence rather against them , when they miscarry or waste the goods of the family , then against a thief or a robber breaking in into the house Answ . To passe by the unsuteablenesse of this Reply unto Naphtali's answer , as if Naphtaly had concluded that there was much more reason for resisting our owne Magistrats then Forraigners , while as an equality would have satisfied him , as his words clearly import ; We say this to his reply , That when he hath demonstrated to us that Children and Servants , have as great right unto the goods of the family , and as great power and privilege in setting up their Parents the heads of the family , and of calling them to account for their mismanagement , as we have proved Subjects have in the common good , and in setting up of Soveraignes , and in calling them to an account , then shall his reply be noticed as having some parallel ; but till then we dismisse it with this answere , that the simile , as to our poynt , is prorsus dissimile , and can conclude nothing : Yea , let us turne is owne weapon against himself and say , Seing Children and Servants may lawfully , with force , with hold the heads of the family , when they , in a fit of phrensy , are labouring to destroy all , to burne the house above their heads , or to cast all the goods in the house into a fire , and resist them no lesse then open enemies and robbers , thinks he if soundly said , That if Kings in a fit of madnesse & Tyranny shal seek to destroy the common wealth & wholly overturne all Religion , to set up idolatry & heathenisme , the Subjects may not withstand them , & prevent their owne ruine , and the ruine of Religion , with force of armes , when no other meanes can availe ? What will he say to this ? Will he deny this consequence ? If not , have not we enough ? But he addeth , The Authors error is this , that he looks meerly to the obligation of the Magistrate to us , and not at all to our obligation to him , even when he fails abuseing his power . Answ , He looks meerly to the obligation of the Magistrate to us , when he mentioneth the aggravation of his guilt of invasion upon that account ; And whatever be our obligation to the Magistrate , ( which Naphtaly did not forget though he was not called expresly to mentione it then & there , ) it will not follow that it is an obligation unto an illimited and stupide Subjection to him , in all cases ; and if the Surveyer prove not this ( vvhich I suppose he vvill not do ) he vvill prove nothing against us . What more sayes he to this place of Scripture ? Pag. 267. after he hath given us , in his vvay ; the meaning of these vvords of Christ , to vvit , That Christ proves his Kingdome not to be of this world by this Medium , that if it were so , his servants ( in the quality of his Servants ) should take up outward armes and fight for him , &c. Then he concludes that this text will enforce — that Christ's Subjects ( meerly as they are in the capacity of his Subjects ) are not to use the sword against Magistrates , that are over them , in his behalfe . And then sayes , he allowes well of Mr. Hutcheson's note upon the place — Christ sayeth he by hindering his servants to fight , vvho vvere but private men , as to any civil povver , hath taught that private men are not vvarranted to dravv the svvord , vvere it even in defence of Religion , but they ought to maintaine it by suffering , when called to that extremity . ] Answ . 1. We have showne already how this man's glosse , and Mr. Hutchesons do not every way quadrate . 2. If this text enforce that Christ's subjects , meerly as they are in capacity of his subjects , are not to use the sword in Christ's behalfe ; then , He must either say that people even under the conduct of a lawful Magistrate can not defend Religion by armes ( which yet immediatly thereafter he granteth ) of say , that when they defend Religion so , they act not meerly in the capacity of Christ's subjects . 3. As for Mr. Hutcheson's note which he opposeth to all our rebellious fancies , we say , we wish that that worthy author who hath given great proof of his dexterity in deduceing poynts of doctrine from the text , had been , after his usual manner , more acurate here , and had guarded his assertion better , that it might have had a more clear rise , every way answering the ground it was deduced from : for sure I am , this ground ( if it be at all against defensive armes in matters of Religion ) will as much speak against a defence used by Magistrates , upon this account , as by privat Subjects ; for the ground is the same , to wit , that Christ's Kingdome is not of this world , and alike concerning Magistrats and people , and is no more a temporall Kingdome in regaird of Magistrats , then in regaird of private persons . And upon the ground that Christ would not suffer his Disciples to fight for him , at that time , upon the same ground he would not have suffered even Magistrats to fight for him , for he behoved to drink the cup that his father gave him : And neither Magistrates nor privat persons , could have hindered that by force , or would have been permitted to do it , by him : And if it be said that from other passages it is clear , that Magistrates , who are noursing parents to the Church , are allowed to use the sword . We answere That we have also proved from scripture and reason , that people , in some cases , may use the sword of defence for Religion . Againe it if be said , that his Disciples were but private persons , as to any civil power , and therefore it is only to be understood of these . It is answered ▪ That it will as well follow , That because they were fisher-men , therefore it is to be meaned only of these , and of none else ; or that because they vvere Church officers , therefore , only they must not use the sword , and so all others may . The last place which Naphtaly mentioned , was Math. 5 : v. 27. to the end , where it is said , Resist not evil but whosoever shall smite thee &c. with the parallel places , specially , Rev. 13 : v. 10. Unto which he answered , That as these places do enjoyn either patience , when the clear call and dispensation of God do inevitably call unto suffering , without which patience were no patience but rather stupidity of &c. — So thence to inferre that Men should give way to all violence and sacrilege ( to the subverting of Religion and righteousnesse ) is after the manner of Satan , to cheat and abuse men by the holy Scriptures . The Surveyer replyeth thus , ( I meddle not with his impertinent reflections , and scurrile jibes , nor vvith his groundlesse inferences , vvhich vve have so oft met vvith in the former part . ) The scope is , to shew the unlawfulnesse of private revenge , for injuries done to us , — and the place will condemne plainely enough violent retaliating the Magistrate , when we think he doth us wrong . Answ . The scope of the place is obvious ; and doth no more condemne private persons retaliating the Magistrate , then Magistrats retaliating privat Subjects ; unlesse Magistrates be exempted from this precept , and consequently be not to be reckoned among Christ's followers . And as from this place , it will not follow , that one independent King may not make war against another , and thereby defend his rights , nor that one private person may not defend his rights and just possessions against an invader , no more will if follow , that Subjects may not defend themselves and their Rights , Libertyes , and Religion , against the violent oppression and Tyranny of Magistrats . Next sayes the Surveyer , Pag. 269. That every Man in his calling ought to withstand violence and Sacrilege to the subverting of Religion and Righteousnesse , is granted : Yea privat Men may resist the unjust violence of private Persons , and being under the conduct of the Magistrate , may resist any that offereth violence , in lesser concernments then these are : But we still maintaine that this text forbids all revenge or violent retaliation upon the Magistrate though he abuse his power . Answ . The question is not what he will still maintaine that this text doth forbid ; but what he can evince that this text will prove against us . How will he prove that this text doth more forbid private persons , to resist the unjust violence of Magistrats , then to resist the unjust violence of privat persons , or to resist the unjust violence of any , having Magistrats to conduct them ? Is there any exception in the text ? Doth not the text speak to all in reference to all ? To wit , that they should resist none out of a Spirit of private revenge ? Againe though the text forbid all revenge or violent retaliation upon the Magistrate , though he abuse his power ; will it therefore forbid privat Subjects to defend themselves by force , in case of necessity , from manifest and unjust violence and Tyranny ? No : no more then because the text doth forbid even Magistrats to revenge or retaliate , from a Spirit of revenge , wicked Malefactors , It doth therefore forbid them to execute justice upon them . Naphtaly did add , that this was [ grosly to exceed that signal rule mainly in these places intended , to wit , ] that we should be perfect even as our Father which is in Heaven is perfect ; [ Who though he filleth the Earth with his goodnesse , — yet doth he love righteousnesse and helpeth and delivereth the oppressed , and commandeth the Zeal of his owne glory ( wherein he himself doth often eminently appeare ) by the hand of his people , to take vengeance on his adversaries . To this the Surveyer replyeth . ( What strange argueing is this , that because God Almighty executeth vengeance upon his adversaries , therefore private persons should follow his perfection in doing the like albeit they have not his warrand or command Answ . Naphtaly's Argument ran mainely upon [ helping and delivering the oppressed ] Neither doth he conclude what private persons may do without God's warrand or command . This he supposed because he had evinced it . Then Naphtaly closeth saying , [ Let us therefore in the consideration of what is said , Rev 13 : v. 10. ) He that leadeth into captivity shall goe Into captivity . He that killeth with the sword &c. , [ Both possesse our souls in patience under all the former sufferings , and hope and rejoyce in the faith of the succeeding delivery there subjoyned . ] Upon this ( sayeth the Surveyer ) he would found the consolation , and patience of his party in all former sufferings , and his hope and joy in the succeeding delivery . ] Answ . And why might he not ? [ That word ( sayes he ) Rev. 13. toucheth not , nor threatens the Magistrate in the executeion of justice ; but rebels , who use the sword without God's warrand , against the Magistrate , may read their reward in this text . ] Answ . We say not that it threatens the Magistrate executing justice . But let such see to it , who instead of executing justice , pervert justice , and execute the innocent people of God. And , after the manner of the Beast there spoken of , maketh war with the Saints : And so may all rebels against God who use the sword without his warrand . But as for privat subjects defending themselves by the sword of innocent self defence , against unjust violence , and intolerable tyranny and oppression , we have proved that they want not God's warrand , and therefore they may look for another reward . And as for his hope and confidence after expressed , we let it passe as not worth the mentioning ; for when the hope of the Hypocrit perisheth , his is like to give up the Ghost . Having thus answered all which this surveyer hath said , whether in his first part ▪ or now in his second , against the truth which we have maintained , we may saifly say that these valient worthies were basely and unworthyly murthered , & that there was no just cause to take their lives . This man pag. 260. &c. Will not have them justified , and adduceth , for the most part , such reasons , as make me doubt whether he can be the same man , that drew up the first part of this Survey , because they are the very same things we heard before in the first part ; and is it possible the man could have forgotten himself , or think that we could so soon have forgotten what we heard in the first part , and had answered ; And if he be a distinct person ; I wonder what the man meaned , to give us the same thing over againe : did he ever read these in the first part , or had he forgotten that ever he saw them ? Or thought he that they would have the weight of gold coming from his Mouth , while they had not the weight of stuble being uttered by his collegue ? He beginneth that discourse with palpable untruthes , saying That they suffered not upon the account of owneing the covenant . Whereas the maine Argument of their indictment was . That all convocations and riseing in armes , or subjects entering in leagues without or against the King's authority are treasonable . Then he tels us . That all which they can say for their riseing was that the Magistrate , by moderat penaliyes according to law , was pressing them to attendance upon the ordinance of God , which is an indispensible duty . This we heard before and is answered Chap. XVI . pag. 348. &c. Neither was the penaltyes moderate , nor were they exacted according to law , not were they thereby pressed to attend that ordinance which is an indispensible duty ; But they were pressed to a sinful complyance with abjured prelacy , contrare to their vow and Covenant , by barbarous tyranny . Then he sayes . Their lives were not sought upon any tearmes . See the place now mentioned where that is spoken to also : and to all of common sense it was notour , that their case was a case of most in exorable necessity , their misery being so much the greater that their lives were left them to see themselves miserable , as if the barbarous enemy had intended onely to make them liveto see it . Neither was there any flying for a whole countrey side , with their wives and children , and therefore what Lex Rex sayeth Pag. 327 , 328. 329. confirmeth the lawfulnesse of this . As to their not supplicating mentioned by him next , it is spoken to also in the place cited : And however he may think now to incrustate that tyrannical and irrational act , forbidding all joynt supplications : yet the whole land knoweth , that if that oppressed Countrey had attempted any such thing , they had been accounted guilty of Laese Majesty . And had gotten no other relief of all the illegal impositions which inferiour officers did lay on . Thereafter he cals it a notable contradiction to say that their rise was indeliberate , and yet Lawful , Iust , holy , exemplary , necessary : And that the godly ancients never enrolled them among martyrs , who by their owne rashnesse had occasioned their owne sufferings . Answ . As if an action might not be both lawful just And necessary , though the first rise thereof might have been unexpected , and a meer surprisal of providence : And as if every action were sinfully rash vvhich were not long and deliberatly before contrived . So then by their rashness they did not occasion their sufferings ; but , by a surprisal of providence . being called to their owne defence , and to a vindication of their libertyes and Religion , while they were murthered upon that account , they may very lawfully be enrolled among the Martyrs . Then Pag. 261. he sayes . They were the first-aggressors , and first slew one of the Kings servants . This was told us in the first part , and is answered : And who knoweth not that the first aggressor may be first killed . See what is said to this Pag. 350. Then he sayes the Novatians & Donatists were not accounted Martyrs albeit sometimes they were drawn to death by persecuting pagans-such a foul Staine did they see in Schisme . Answ And indeed upon the same ground , if any of this corrupt apostat facton , which hath made defection from the received Religion , reformed in doctrine worshipe discipline and Government , and sworne unto by our whole Church , were drawne to death by pagans , under the common notion and name of Christian , they could not be accounted Martyres , because of their sinful and perfidious renting of the body of Christ . They , and not the honest party who adhere to their principles , are the schismaticks , The Novatians and Donatists who departed from the truth , & not the honest Christians who remained constant , were the true schismaticks , Nor doth Naphtaly fix them in a schisme when he teacheth , that they were indispensibly tyed by the Covenant , to abhorre a complyance vvith these courses of defection , more then the honest fathers of old did fix the honest party in a schisme , by teaching that they vvere not to imbrace the principles and practices of the Donatists and Novatians . The 6. And last particular which he mentioneth Pag. 262. is but a heap of groundlesse calumnies , to vvit , that their designe vvas to put downe all authority , to destroy all who would not accept of their sense of the Covenant . to place themselves in the chaire of authority , of which stuff we have had enough in the former part , and shall say no more now , but that it is plaine , their cause is desperate and gone , when they must flee to lies for refuge , but to show how perfectly they are assimulat to the spirit which drives him , they will be both lyers and murtherers . And now . Noble patriots ( for to you would I speak a word ere I close ) though I have , in some weak measure , endeavoured , to vindicat the lawfulnesse of your noble and heroick enterprise , to raise up the Virgin of Israel , who was fallen , and forsaken upon her land , yet you stand not in need of the help of any such weak advocat , as I am , your witnesse is in Heaven , and your record on high : It is he who justifyeth , and therefore though now you be hunted , as partridges on the Mountaine and be a People robbed and spoiled , snared in holes , hid in prison houses , and be for a prey , and none delivereth , for a spoile , and none sayeth restore , you need not be troubled who condemne you , This being your rejoyceing , even the testimony of your conscience , that in simplicity and godly sincerity , not with fleshly wisdome , but by the grace of God , you have had your conversation in the world , and more abundantly in this particular . And therefore may you depart from the presence of Councils ( when brought before them , upon this account ) rejoyceing that you are counted worthy to suffer shame or what else , for his name . Stumble not at the wise dispensations of God , nor think it strange concerning the f●●rytryal which is to try you ( and dayly experience telleth us that this continued tryal maketh nevv discoveryes ) as if some strange thing hapned unto you , vvhat ever strangers to God and such as judge of him , and of his holy , sublime and vvise dispensations by carnal sense , may think , but rejoyce in as much as yee are partakers of christs suffering . That when his glory shall be revealed ( if not in this vvorld dureing our dayes , yet in the vvorld to come ) you may be glad also with exceeding joy : Yea if you be reproached for the name of christ , much more if you be put to harder sufferings , happy are yee , for the spirit of glory & of God resteth on you ; since it is undenyable , that on their part who are your Enemies , he is evil spoken of , but on your part he is glorified . Though men think that you suffer as murderers , or as theeves , or as evil doers , or as busy bodyes in other mens Matters . Yet having an undoubted ground of persuasion , that you suffer as Christians , for owneing Christ's interest , and his Covenanted work in the land , you need not be ashamed , but have cause to glorify God on this behalfe . And since you suffer according to the will of God , commit the keeping of your souls to him , in wel doing as unto a faithful Creator . Bewar of snares and sinful bonds , for the same spirit of Malignancy and enmity to the interests of Christ , acteth in these , which acted in that bloody persecution : the same designe is carryed on , to wit , the constant banishing of Christ and his interests out of the land , and the establishing of these grand images of jealousy which provoke to jealousy . O for that truely divine zeal vvhich would more eate us up , for the house of God which is desolate , and his precious interests which are perfidiously sold , and wickedly trode under foot , and which would make us never to sit downe satisfied with any concessions , or favours , how specious soever , until we saw our King restored to his owne , and brought back to his throne and Kingdome with shoutings and acclamations of joy . O dearly beloved stand fast : And beware I say of snares ; but haveing done all stand with your loins girt about with truth , and your feet shod with the preparation of the gospel of peace ; as you have not been frowned out of your integrity , so take head ye be not flattered out of it , be not so simple as to beleev every word that is spoken ; for he must shut his eyes and love to be blindfolded , who doth not perceive , that while the men that lye in wait for your halting , and designe to draw you into a compliance with their course of opposition to the work of God , speake fair , there are seven abominations in their heart . Let your eyes be in your head : Hold fast what ye have , that no man take your crowne ? The devil is changeing weapons upon you , with a designe to give you a parting blovv : be vigilant , resist him under every shape whereinto he transformeth himself , that he may assault & overcome you ; so shall he at last flee from you , and ye shall be more then conquerours through him who hath loved you : your Exit , though upon a scaffold , will be unspeakably joyous , and full of glory , and when ye have made it appeare ( if called there to ) that ye love his interests so well , that ye continue not to love your owne lives unto the death ; then shall ye be associat with your blessed brethren , and fellow sufferers , who overcame the same enemy that continues to make war vvith you and the remnant of the vvomans seed , be the blood of the lamb , & the word of their testimony ? Ye have not only the advantage of all your persecuters , but of many of the professed yea real friends of the vvork , a great many of vvhom , vvhen called by the same providence to appeare vvith you , unto the help of the Lord against the mighty , did couch under their burdens , and abode amongst the sheepfolds , to hear the bleatings of the flocks , vvhile like true Naphtali's ye jeoparded your lives in the high places of the field , some of whom it may be have added grief to your sorrow , & have condemned your riseing , to justiy their owne sinful shifting , and sitting that opportunity ; against whom we know ye meditat no other revenge , then still to love many of them as brethren , & pray that their leaving you alone may never be laid to their charge . And of some also who pretending respect to the cause , did a great deal worse , by associating themselves with that enemy , vvho with open mouth did come upon you to eat you up , the expectation of whose heart may be dreadful , when he cometh to make inquisition for the blood of his saints , and they may tremble at the thoughts of being led out width these workers of iniquity , with whom they joyned themselves in the day of your distresse . I wish that repentance may prevent this ruine : ye have I say the advantages of these , & have obtained mercy of the Lord , to doe and suffer for his sake while many of your brethren have fainted and fled . keep your ground , for ye are satans great eye sore ; he seeks you , to shake and winnow you with the smooth & flattering insinuations of the men vvhose great designe is to secure and setle themselves on the ruines of the vvork of God , and seem to offer some thing , if ye vvill give them security for your keeping the publick peace , that is , if ye vvill never offer to put out your hand to strip them of the spoiles of Christ's honour , whervvith they have cloathed themselves ; this is to keep their publick peace , to let them live in a peacable possession of vvhat they vvith vvicked hands have taken from Jesus Christ , and never to trouble that vvatch vvhich they have set about the grave of his buried interests , for fear of its resurrection . But I hope that he who hath delivered your soul from death , and preserved you vvhile they hunted for your precious life , will also deliver your feet from falling , that ye may , holding still your integrity , vvalk before God in the light of the liveing . And though the Lord think good to hide his face for a time , Let us waite on him who hideth his face from the house of Israel , and let us look for him , vvho knovves but he be waiting that he may be gracious , and that he will be exalted that he may have mercy upon us : For the Lord is a God of Judgment , blessed are all they that waite for him . who knovveth but the vision be only for an appoynted time , aud at the end it shall speak and not lie , therefore though it tarry , let us waite for it ; because it will surely come and will not tarry . Then they vvho are our enemies shall see it ; and shame shall cover them who said unto us , where is the Lord your God ? Our eyes shall behold them , and they shall be troden down as the mire of the streets , vve shall no more be tearmed for saken , neither shall our land be tearmed any more desolate , but we shall be called Hephzibah , and our land Beulah , vvhen our Lord shall delight in us , and our land shall be marryed : Let our King come , and make haste . To him be glory for ever and ever . AMEN . ERRATA . PAg. 3. Lin. 34. Read sincerely , p. 12. l. 18. r. there may . p. 34. l. 6. for this r. his . p. 38. l. 21. r. from a : Ibid. l. 22. r. difference . p. 71. l. 20. r. mightily . p. 79. l. 27. r. precedents . p. 83. l. 23. r. Aristocracy . p. 98. l. 34. r. Kings . p. 1 , l. 17. r. at . p. 151. l. penult . for is r. his . p. 188. l. 4. r. politician . p. 224. l. 13. r. precipice . p. 237. l. 33. for only r. cheif . p. 256. l. 15. r. absurd . p. 311. l. 13. for virmilion r. nitre . p. 429. l. 31. r. his cause . p. 437. l. 7. r. this . READER , IF in some Copies thou finde some moe such like , or some other , through the transposition of Points or Letters , or one Letter for another ; as n. for u. or t. for r. or s . for f or the like , that will not readily marre the sense ; thou mayest be pleased to correct these , as thou readest . JUS POPULI VINDICATUM . OR The Peoples right , to defend themselves and their covenanted Religion , vindicated . CAP. I. The Question cleared and stated . THE Surveyer , taking but an overlye , slight and superficial vieu to the books , he would make the world beleeve , he confuteth , measureth out and treadeth down ( as any of ordinary capacity , compareing his wordy but unworthy pamphlet , with what , is orderly & methodically set downe , and strongly and unanswerably confirmed ( as the event shall demonstrate ) in these books , which he unmanlike snarleth at , rather then answereth ) thinketh it of his advantage ( as it is the advantage of all who desire not to be seen in their own colours , nor to have plaine truth discovered , and their pernicious errours and practices suteable thereunto , unfolded , to cast a mist before the eyes of such as would observe them , or raise some ignis fatuus to misguide them , & take them off the way ) to use his out-most endeavour to deceive his unwarry warry & inadvertant reader , & lead him , ( who is so simple as to beleeve every thing which he and his fraternity say , though they have manifestly and undenyably forefaulted all faith and credite , with all who know what is the fundamental bonde of all society and commerce ) into the same sinful and irrational abhorrency , of an exploite and interprise so consonant to scripture , law , equity and reason , and to the practice of worthy Zelots abroad , and at home , from the very beginning of the work of reformation ; and for this cause , as he hath foolishly and ignorantly paralleled these worthies , ( whose late practice we shall , godwilling , abundantly vindicate , from all which this flaunting and windy adversary , who cometh forth to shake his speare , as if he were another Goliah , hath said here against it ) with the irrational , furious , and brutish rabble of Anabaptists who followed Knipperdoling and Iohn of Leyden ; So all alongs in his discourse ; he hath not only snarled at , picked out , and miserably wrested some expressions in these books he would confute , especially in the Naphtali , and then run away with a cry veni , vidi , vici , as if he had gained the day ; which way of dealing with an adversary , is , to all men of judgment and understanding , very un-faire , base and puerile , no way beseeming a man pretending to plead for truth , and to discover verity , as he pretendeth to do ; yea judicious persons will , from such dis-ingenuous & unhandsome way of answereing , easily perceive on whose side trueth stands firme & unshaken ; But ( which is yet more palpable and grosse ) he hath either ignorantly , or fraudulently , perverted the true state of the question , both in Thesi and in Hypothesi , which is a sufficient proof of the disperatnesse of the cause which he would maintaine , and of the mans purpose to wrangle , when he can not answere , and to buske up an adversary of straw to himself to fight against , when he cannot , dar not , look his real adversary in the face ; and a ground more then sufficient to make wise men judge , that he hath rather confirmed the hands of his adversaries and strengthened their cause , then , in the least , weakened the same , for all his hidious out-cryes , and dexterous heaping up of many words to little or no purpose , unlesse to take with such , as think the best cause is on their side , who have the manyest , most darring , big and plausible expressions , but are not able to judge righteous judgement , nor discerne whether or not there be true groud for such confident exclamations , and bold assertions . I am confident that all who have not prostituted their judgements and understandings , to a blinde and irrational beleef of what , such as have un-manned themselves , and voluntarily given away that masculine constancy and fidelity , which men , but of ordinary spirits , would account the height of basenesse ; and have now adorned themselves with a more then fëminine levity , yea , and embroidered themselves with such a dale of intolerable falshood , unfaithfulnesse , impiety and perjury , as would make Heathens , ( though none of the best refined ) account them unworthy of humane society , do , with more then ordinary confidence , and bold audacity , assert and maintaine . That I may not , after the a methodical methode of this disputer , who loveth to walk in by-wayes , still keep the Reader in the dark , I shall first cleare the true state of the question , confirme the truth , and vindicate it from what he here asserteth , answereth , or objecteth , that is apposite to the purpose ; forbearing once to take notice of his many scurrilous , base , unchristian , yea and un-manly expressions , which shew what spirit he is of : and afterward I shall consider and examine his excursions which have not such a closse connexion with the present question , as he would make his Reader beleeve , lest he should vaunt , as having spoken that which no man can answere . That it may appeare what is the true state of the question , we would premite these few things as necessary to be considered . First . That the whole body of the people of Scotland were engadged to God , by solemne Covenants , vowes , purposes and promises , frequently renewed , to owne and endeavour , really , sincerily , and constantly , through the grace of God , in their several places and callings , with the hazard of life , lands goods , and all what they had , the preservation of the reformed Religion in the Church of Scotland in doctrine , worshipe , discipline and government ; and without respect of persons , the extirpation of Popery , Prelacy , Superstition , Heresie , Schisme● Prophanesse , and whatsoever shall be found to be contrary to sound doctrine , and the power of Godlinesse , lest they should partake in other mens sinnes , and thereby be in danger to receive of their plagues : and that they should mutually , with the Privileges of Parliaments , preserve and defend the libertyes of the Kingdo me : and in this common cause of religion , liberty , & peace , assist and defend all those , who would enter into these bonds , in the maintaining and pursueing thereof . Secondly . Not only did the body of the commonalty subscribe , and solemnely with hands lifted up to the Most High God , sweare these Covenants and engagements , at the command of Magistrats ; But the Magistrats themselves , both superior and inferior , did take on them , in a most solemne manner , these same vowes and engagements , and solemnel promised , as they should answere to God in the great day , to promove this covenanted work of Reformation , and to prosecute , in their places , stations and capacities , the Ends of the Covenant . Thirdly . When this King ( vvho did svveare and subscribe these Covenants , before he came to Scotland ) vvas crovvned , and solemnely inaugurated , He not only renevved these solemne vovves and engagements ; But upon these termes and conditions , vvas he admitted ; the people declared their vvillingnesse to admit of him , as King , the svvord vvas put in his hand and accepted , the People did svveare fidelity , and allegiance , according to these Covenants ; the like did the Nobles one by one , viz svveare to be true and faithfull to him , according to the Nationall , and solemne League and Covenant . And all this vvas aftervvard , vvhen the King attained the age of 21 years compleat , in a full and free Parliament , ratified , concluded , and enacted by King and all the Estates of Parliament : vvhere by as Naphtals Pag. 72. vvell observeth , the same did passe into a perpetual lavv , and became one of the principal fundamental lavves of the constitution of our Kingdome , vvhereupon all the rights and privileges . either of King or People , are principally bottomed and secured . These things , as to matter of fact , cannot be denyed . Fourthly . Whatever was done of late , by King or Parliament , or enacted , and concluded contrary to these covenants , vowes and engagements , was ( as unlawful , so ) a real and formal subversion of the fundamental constitution of our Christian and reformed Kingdome ; This none will deny who knoweth the true nature of these covenants , and the real interest they had , and yet have de jure , in our constitution , before this late revolution , as was now expressed . Fiftly . Notwithstanding of all that hath been done by King and Parliament , of late , in rescinding , abjuring , and looseing of the obligation of these National bonds , and divine covenants , yet they remaine Covenants , and National tyes perpetually obligeing , before God , the King , Nobles , & People of all ranks ; and will do , so long as Scotland is Scotland . This is abundantly made out , by the Apologist ; and is a fixed and everlastingly confirmed truth , in the hearts of all who fear God , and looke for his appearing as a swift witness against all such as sweare falsly . Sixtly . That nothing was allaiged or allaigeable , against those persones in Galloway , and places adjacent , as ground , or cause , or occasion of all that extremitie and rigour of iniquity , that was exercised against them , but their simple non-obedience to the act enjoyning conformitie and obedience to the Ecclesiastical authoritie then established , which was diametrically opposite unto their vow and promise , in their solemne and National covenants . So that really , upon the matter , their suffering was meerly because of their conscience making , and faithful endeavouring to adhere , through the grace of their God , unto their covenants and engagements solemnely sworne and taken . Seventhly . It will be easily granted by all rational persons , That in all Kingdomes and Commonwealths , a free people not redacted unto a state of base bondage and slavery , should be ruled and governed civilly , according to the civil and municipal lawes of the land , and not by military force and cruelty . Tyrants use to lay aside the wholesome and established lawes of the land , and to rule in an arbitrary manner , by the cruel and mercylesse sword , because they neither intend , nor seek the good of their subjects ; But only their owne ambition and base ends ; But Magistrats who ought to seek the good of the common-wealth and preferre it to their owne particular ends , will have respect to the lawes , and accordingly rule their subjects , and not by an aribitrary cruelty , and force of armes , which are used against enemies . Eightly . The very law enjoyning this conformity , prescribeth the way how the same shall be put to due execution , viz. [ That for this end the Council shall call before them all such persons , as after admonition of the Minister , in presence of two sufficient witnesses , and by himso attested , shall be given up to the Council as transgressours of this act — and the same after hearing of partyes , being duely found , to decerne & inflict the censures and penalties ] And although the very law itself be so iniquous and intolerable , as would undoubtedly bring sudden ruine , to all such as would not obey the same , and that in a very short time ; yet if this legal manner of procedour , had been followed , the execution , ( though cruel , and sufficiently barbarous , the penalty having no suteable correspondence with , nor proportion unto , the supposed transgression ; for , can any think that a persons absenting himself twice or thrice from his owne parish Church , can be a transgression of such a high nature , as no penalty lesse then the fourth pairt of his Estate , can compensate ? ) had not seemed so arbitrary or tyrannical ; but when such a grievous law , is more grievously executed , and that arbitrarily , and illegally , is not this a very intolerable oppression ? Ninthly It is notourly knowne and unquestionably clear , and alas too too wel demonstrated by black , Tragical and inde lible characters of ruine , extirpation , and beggery of many honest families , yea , and of landed and sufficiently provided Gentlemen and others , so that none will , or can , ( if he hath not resolved to beleeve neither what he seeth , nor what he heareth ) deny it : That Sr Iames Turner , and his souldiers , under pretence of executeing this law , used such inhumane crueltyes , savage barbarities , unparallelable exorbitancies , by illegal amercements , fineings , quarterings , plunderings , beatings , dragging to prisones , wounding , binding men like beasts , chaseing them to moors and mountaines , laying waste their lands , houses , and habitations , devouring what they could with horse , dogs , & men , burning plenishing , utensils and other necessaries in houses , and thus laying whole parishes and almost countreysides waste and desolate , and that without respect had to conscience humane , let be Christian , to law divine , civil , or municipal grievous or not grievous , yea without respect had to persones guilty or not guilty ; for when they had consumed the Landlord , they oppressed the Tennants though not guilty , & when they had ruined the Tnenants , fel upon the Landlord though a conformist , avowing and professing they came to destroy , and they would destroy ; nor having any respect to poor or rich , widowes or marryed persons , old or young , yea , or to such as stouped for-age , to sick , or bedrid creples , or to one or other ; yea and did sesse and quarter , till persons were forced to pay such summes , as the civil judges , before whom the cause was depending , had not determined to be justly addebted by them . All which is fully , and particularly laid open by Naphtaly , and will appeare to all who have not renunced humanity , to be more then lesser injuries , as the Surveyer pag. 70 is pleased to account them , and to be most unjust , though he make a question thereof , yea and such grievous and intolerable oppressions , the hundereth part whereof ( as Naphtaly said well . ) would make him and his complices curse both God and their King. Tenthly . To all these forementioned cruelties and barbarities , He added this , that he would suffer no man to complaine to him of any wrong they had suffered by the brutish and barbarous souldiery , nay nor supplicate for relief , and if they did , their cause was helped by doubling their miseries , yea , and which might exceed all beleef ( if its notoriety were not undenyable ) forced them , after all these horrid , dreadful , inhumane , and brutish outrages and oppressions , to subscribe an acknowledgment , That he had used them civilly and discretly ; and there by necessitated them to deny what was as not oure as the sun at noonday , and their very common sense and feelings , and also to prejudge themselves of all hope or possibility of getting redresse by law . Eleventhly Though this forementioned acknowledgement had neither been asked nor granted , yet their condition was irremediable : for neither they , nor any in the land , might Supplicat King or Councel , either for relaxation of the rigorousnesse of the lawes , or for a more civil , moderate , yea or for a strick and legal execution of the iniquous and grievous lawes made , under the paine of treason and lese Majesty . Though it vvas an old received maxime , and is to this day , vvhere tyranny is not avovvedly exercised , that cuivis licet supplicare & protestari : yet the late Parliament concluded , contrary to the lavv of nature and nations , That petitions vvere seditious and treasonable . So that hovv arbitrarily soever King or Parliament yea or Council , or any deputed by them , did rage , or should opprresse & injure the Subjects , vvhether in conscience , body or goods , there vvas no remedy , nor hope of redresse , no petition or supplication how humble soever , might be once presented by the grieved subjects : yea nor durst they meet together to poure out their complaint unto the God of heaven , the hearer of prayers , & the righteous judge of heaven & earth . What height of opprression & tyranny this is , Let all the vvorld judge . Twelvethly . It is uncertaine , yea much doubted , if Sr. Iames Turner , that singular instrument of barbarous cruelty , had any commission form King or Council , impovvering him to such illegal exorbitancies ( whatever he might have had , under hand , from some Members of Council vvho had most sold themselves to cruelty , and to the utter extirpation of all who would not run vvith them , to the same excesse of riot ) sure if any such thing be , the records vvill manifest it ; but since they cashired him and some of his associats , and made an offer of causeing him ansvvere for vvhat he had done , it is very probable , he had no formal commission for vvhat he did ; and yet since he and others are permitted to live , after such crueltyes , barbarities , and un heard of vvickednesses , and no reparation made to the persones injured , it is certane he is but too vvell approved in all he did , and of vvhat use this shall be , vvill appeare afterward . Thirteenthly . The intent and designe of those poor people who rose in armes , was not to dethrone the King , to enjure him , or to lessen his just and legal authoritie ; but to resist , repel , and defend themselves from , unjust violence and oppression ▪ and to seek reparations of the wrongs done them ; and the removal of that detestable and abjured Hierarchy , the establishing and upholding of which , as it was , & is a great provocation of the anger of God against the land , so it was the fountaine and rise of all these horrid oppressions which they suffered , and of the making of such grievous statutes , and establishing iniquitie into a law , and was to be a lasting cause and occasion of violent . unjust and illegal oppressions , and intolerabel vexations to all the faithful of the land ; and withal , to have security for their lives , lands , libertyes , consciences , and Religion , conforme to the agreement made with his Majesty , and the National Covenant , and the Solemne league and covenant , which he solemnely swore once and againe , and vowed and promised to defend and prosecute , in all their ends : and that for this end , all such lawes made for prelacy , and against the work of God and the reformation , which through Gods blessing we had attained to , might be repealed , annulled and rescinded . This and nothing else could be the intent and designe of these valient though naked worthyes . That they intended no harme to the King , or to his just & lawful government & authority , is notoure by the last speaches & testimonies of such as were apprehended & publickly executed ; & the petition Which they sent in to the Council with William Lauwry Tutor of Blakewood doth aboundantly testify that they would have had the free exerciso of their covenanted Religion & freedom from the domeneering tyranny of Prelats & their adherents ; their renewing of the League & Covenant doth sufficiently cleare that they intended no insurrection or rebellion against the Kings just and lawful authority ; for they swore to defend the Kings Majestyes person and authority , in the preservation and defence of the True Religion , and libertyes of the Kingdoms . From these considerations , we shall now lay downe the true state of the question , thus . Whether or not , when the whole body of a land , Magistrats higher and lower , People , are engaged by solemne vowes , made to the most high God , joyntly & severally , to promove a reformation , and to extirpat Prelats , & the same covenanted work is becom a chief corne stone of the constitution of the Kingdom , and one of the mane conditions , on which the King is installed on his throne ; and when these same Magistrats Supreme and inferiour , renunce their covenant with God , and with the People , overturne the work of reformation formerly sworne to , make lawes and statutes to fortify this defection , & to compel all their subjects to run to the same excesse of perjury and wickednesse , and execute these lawes upon the faithful & stedfastly loyal subjects , not in a civil orderly manner , but most imperiously and tyrannically , with meer force & cruelty , and the edge of the sword of souldiers , leavied of purpose for this very end , to crush and oppresse all such as made any conscience of their vowes and engagements unto God ; and when these barbarous souldiers exceed their commission , or oppresse , plunder , harash , spoile , rob and pillage the people , and lay waste the land , without law or expresse order from King or Parliament , yea contraire to the expresse letter of the law ; and when the oppressed have not so much as liberty to supplicate or petition for help or releefe ; may privat persons without the conduct of a Parliament , stand to their owne defence , against unjust & illegal oppression and tyranny , and oppose such as , without expresse commission , endeavour their utter ruine and destruction , though pretending warrant from the superiour Magstrats , and allowed of them ; and seek a redresse of these grievous & intolerable injuries , and liberty for the free exercise of the covenanted reformed religion , with the extirpation of abjured Prelats , the spring and fountane of all these miseries already come , and to be feared , while in the mean time they intend no harme to the supream Magistrat's person or just authority , but sweare to mantaine the same , in the defence of the true religion , and liberties of the Kingdome ? Or a if you will have it shorter . Whether or not , when King and Parliament and Council have abjured a covenant , & overturned a reformation , which they solemnely swore to defend , in their places & capacities , and made their subjects do the same , and now with illegal force , compel the subjects to the like perjury and wickednesse , may these privat subjects , when there is no hope or possibility otherwise of releefe , stand to their owne defence , and withstand the mercylesse cruelty of their bloody Emissaries acting without their commission , or with their allowance , yet contrare to expresse law ; and seek releef , and security for Religion , lives , lands and liberties , having no intention , to wronge the King's person or just government ? That this is the true state of the question , is abundantly cleare from the particulars forementioned , and I think no Scottish man , who knew the then state of affaires , and hath not renunced common sense , and resolved to beleeve nothing ( though he should both heare it , see it , and feele it , and it were as not oure as the light when the Sun shineth ) which is for the vindication of these poor people , will with any face or shew of reason , be able to deny this to be the true state of affaires , & of the present question . Hence we see , how the Surveyer sophistically & fraudulently presents the state ( which he may well call the great Knot , as being no way loosed and laid open by him , as it ought to have been ) of the question Pag. 19. when he sayes [ Whether meer privat persons , one or moe , separatly of joyntly , when they are , or think themselves unjustly afflicted , and extremly injuriously handled , by the Magistrate or Supreme power proceeding according to lawes aggreed to , betwixt himself and the body of the community ? Whether or not ( upon supposition that these lawes are not just and right ) may private persons defend themselves , against the violence of the Magistrate thus proceeding , even by violent re-offending ; yea , in order to their owne defence , cut off the Prince of Magistrat whatsoever , or their Ministers and officers standing in their way , or when they are punishing them and afflicting them according to law ? ] & againe Pag. 21. he sayes [ The true state of the question at this time is , when the corruption of these who are in power leads them to abuse their authority , either on making unjust lawes , or punishing according to these , whether meer private subjects should with violence oppose all Magistrats , under whom they are , from the highest to the lowest , together vvith the plurality of the body of that community vvhere of they are members , yea and in their ovvne defence , destroy them all ( if they be in probable capacity for such vvork , and if they cannot eschew this , and preserve themselves ) yea farther , after they have subdued ( providence so permitting or ordering ) all the magistratical power , and major part of the people , they may use a vindicative , avenging and punishing povver upon all ? being only persons of privat capacity ) and to be sure he repeats the same over againe Pag. 24. and sayes Pag. 26. [ That the vvay vvhich vve clearly ovvne is , That every privat person ( when & so long as they are able , or are in probable capacity to acte violently against the Magist●ate ) ought to counter act him violently , vvhen he thinks the Magistrate vvrongs him , ( for this must be referred to every mans privat discretive judgment ) and more to this purpose there , and againe pag. 27 he tells us [ The question is what duty is owed by the subject Unto the Magistrate ( especially the Supreme for may there be remedies had against the injuries of the inferiour by appellation ) In case of his mal-administration , & unjust lavves and sentences according to these lawes , or executions according to sentence ; whether they may violate or violent the person invested vvith authority , and not submit unto him , but counter-act him by force in self defence against his violence . Or if they be bound in conscience , or by any lavv of God , to submit humbly to vvhat he inflicts ( although unjustly ) if they can neither move him by their humble petitions , nor can flee from his vvrath , or goe out of his dominions ] and then addeth ▪ That the author of Naphtaly and his complices [ Maintaine , That if the Magistrat abuse his povver in making unjust lavves , or punishing according to these , any private man ▪ or company of men , that think themselves strong enough for the Magistrate ought never to suffer , but use forcible resistence against the Magistrate abuseing his power : & that al the patience that is required of Christians tovvard oppressing Magistrats , is only to beare suffering patiently , vvhen they are out of capicity of acting , and may not better do , and to suffer patiently vvhen they see they cannot represse the violence of the unjustly - dealing Magistrate vvith a sufficient contrary violence . ] That it may appeare● ( though none vvho understandeth the controversy , & readeth what he allaigeth , is the state of the question , can readily be ignorant of his deceit , but may easily perceive his subdolous sohistication ) hovv far he hath misrepresented the businesse , let these fevv particulars be pondered . 1. It is one thing , to say that private persons , may rise and take the svvord of defence in their hand , and resist their Magistrats , upon the ground of supposed vvrongs , or vvhen they think in their privat judgments of discretion , that the Magistrat injureth them : It is another thing to say , This vvay of defence may be used vvhen the injuries are real , and not supposed , or judged so by their private and erring judgement or discretion only . He cannot have the fore-head to say that we maintaine the former ; nor can he vvith any colour of half a reason inferre , that such a maintaine this last , do consequentially maintaine the former , as men of understanding will easiely perceive , and shall be more fully spoken to aftervvard in due place . yea suppose that such a consequence could be drawne , it were not faire , but utterly disingenuous , and un-becomeing a faire disputant , to bring a consequent which he wire-draweth from his adversaries position or assertion , into the state of question , and make the world beleeve , that his adversary doth , positively , clearly & avowedly assert , what indeed he doth not affirme , nay nor granteth to follow from what he holdeth . 2. It is one thing , to speak of resistence made to lawes iniquosly made , and yet but tending to the hurt of some private persons in smaller matters : it is a far other thing , to speak of resistance made to lawes , whereby the established religion , and the fundamentall rights , and basis of the constitution of the realme is overturned ; and so not only only mens goods , or smaller matters , but their liberties , religion , consciences , lives , and every thing that is dear unto them , is in inevitable hazard : it were an impudent calumny to say that we maintaine the former . 3. It is one thing , to say that any private person alone , and severally , may resist , and repel unjust violence offered by the Magistrats of the land : and another thing , to say , that a considerable company , joyning together , upon just grounds , may endeavour their owne faifty . Though the lawes of our land will suffer a privat subject to hinder any , in the Kings name , to possesse themselves of his heritage , or of any thing he possesseth , till the question be discussed by the civil judges ; yet we state not our disput concerning what a private single person may do , in case of oppression . 4. It is one thing , to speak of unjust lawes in the general : and another thing , to speak of unjust lawes made by Magistrats , preingadged by solemne vowes and Covenants never to make such lawes , and who have given the people all the security imaginable , that they should never be troubled with such iniquous lawes : This last is our case . 5. It is one thing , to speak of lawes ( though iniquous and grievous , yet ) executed legally , civily , by way of formal legal procedure . But it is another thing , to speak of lawes , in themselves grievous and iniquous , yet executed in an unformal , illegal , arbitrary , tumultuous , cruel and bloody way , by armed , mercylesse and bloody souldiers , which looketh rather like the execution of a bloody act , for massacreing , then of a law made for the good of the Commonwealth . This last toucheth our case , as was shovved . 6. It is one thing , to speak of resisting and offering violence to the very person of the Magistrate : and another thing , to speak of resisting his bloody Emissaries . 7. So , it is one thing , to speak of resisting his bloody Emissaries cloathed with a commission to exact the penalty imposed by law : But it is a distinct thing , to speak of resisting his bloody Emissaries , exorbitantly exacting what they please , without any regaird had to the standing unrepeled law , though sufficiently grevious . 8. It is one thing , to speak of vvhat privat persons may , or ought to do when injured & oppressed , & there is some door open to get themselves eased of these oppressions , by complaineing , or appealing to the superior Magistrats , or by simple petition and supplications . But it is a far other thing to speak of what a People may do , when all door of hope is closed , and when simple supplicating would make them lyable to the crime of lese Majesty , which was their case . 9. It is one thing , to speak of what a company of private persons may do , in their owne particular case , without the concurrence of the rest of the community , who are not concerned in their case , nor particularly engaged to help and concurre with them , in that particular : and another thing to speak of what privat persons , though the minor part of a community , may do , in a case which concerneth not themselves alone , but is common to all ; though it ma● be , they suffer most of the heat of persecution , upon the account of that common cause , and in a case , wherein all the whole community is bound and obliged to other , to stand to , and maintaine one another , in the defence of that common cause , and that by solemne bonds , vowes and Covenants . Now this was their case . 10. It is one thing , to say that the minor pairt of a community may rise in armes , against all the Magistrats , and seek to exauctorate them , and overturne their power ; and against all the rest of the body , and presse them to be of their minde : and another thing , to say they may take armes in their owne self defence , when tyrannically oppressed for adhering to that Covenant and cause , which the whole body of the land was engadged to maintaine , with lives and fortunes , no lesse then they , without any intention to wronge the Magistrat's Just power and authority , or to do the least injury to any of the community , who would not carry in a hostile manner towards them : Now such was the case and carriage of that poor people . 11. It is one thing , to say that private persons when injured by unjust lawes , and when able to resist and oppose the Magistrate , may never submite unto undue penaltyes , ( which he salsly fathereth on Naphtaly . ) But it is a far other thing ▪ to say that in some cases hic & nu●c privat persons may resist the unjust and illegal force of Magistrats , or ▪ that it is false to say that in no case imaginable private persons may resist unjust violence offered to them by Magistrats . Or , which is all one , that in every case whatsomever , it is the duty of privat persons , to submit unto the most iniquous , illegal , and tyrannical impositions , penaltyes , and exactions ; or unto tyrannical and unjust lawes . Now this is the true state of the question in thesi , and if this be granted , we seek no more , as to that , being persuaded the hypothesis will follow clearly from the thesis , and hing on it , without many knots of arguments to fasten it . 12. It is one thing , to say that private persons may call their superiour Magistrats , when making defection , to an account , judicially processe them , and formally give out sentence against them , vvhich he injuriously allaigeth upon Naphtaly , as any , vvho vvill impartially consult the places by him cited , vvill finde . But it is a far other thing , to say that private persons in some cases in way of defence and maintenance of the reformed Religion , may stand to its vindication : and this is all the vindicative povver vvhich Naphtali , Pag. 18 , 19. ( the places vvhich he citeth ) speaketh of , as incumbent to private persons . From these things it is apparent to any of an ordinary reach , in those matters , hovv far that vvhich he maketh the knot of the question , is from the true , plaine , full and reall state of the businesse novv controverted , vvhich vve have laid dovvne . And vvhat unfaire dealing vve way expect , thorovv the rest of his pamphlet , any may judge by what we here finde , in the very stateing of the controversy . But he vvill say , that the Author of Naphtali ( vvhom he ignorantly , tearmeth the libeller , but in truth , the honest vindicator of the innocency of the suffering people of God ) hath so stated it , in his book . It is true , this Surveyer sayeth so Pag. 21. But vvhy did not he direct his reader unto the page vvhere such a state of the question vvas to be found ? I appeale to any vvho ever read that book , to judge , vvhether this man speaks truth or not . Ay but you vvil say , He hath cited Pag. 13 , & 14. Naphtalies very vvords , and hath cited the pages where these are to be found , out of which words , the State of the controversy as by him proposed , may be drawne . I Answer It is one thing to draw conclusions or consequences from the words of an adversary while he is prosecuting his arguments , and out of these raise a state of a controversy ; and another thing , to say that his adversary doth so state the controversy , while as he speaks no such thing : now both these are soloecismes , the one in morality , the other in way of disputing : and of both he is guilty , first it is an un truth , to say that Naphtali doth so state the question as he allaigeth he doth ; and it is no better , to say that Naphtali doth so state the question because here and there in his book , he hath some expressions that seem to look there away : Againe , it is an absurd way of disputing , and intolerable , to draw the state of a question out of a mans expressions here & there uttered in the prosecution of his arguments ; Whereas the state of the controversy is that which all his arguments prove & conclude . But what if al these expressions which he hath raked together out of Naphtaly , will not bottome his assertions , or the state of the question as he proposeth it ? sure every one must take him for a meer wrangler , & animpudent ignoramus in the matter of handleing a controversy , if it be so . And whether it be so or otherwayes let us now try . The words he citeth first , are out of Pag. 8. viz. these ( which I shall not curtaile as he doth , but set downe fully , ) And it will also appear that the necessity of convocations and combinations ( though not only without , but even against authority , yet being in order to such necessary and just ends ) did sufficiently warrand them before God and all men , from the breach of any law or act then standing against the same , wherewith they might have been charged . ] But what can he hence inferre ? Will he inferre that the Author of Naphtaly , either sayeth or thinketh . That any part of the people , ( though no Magistrate be amongst them ) may take armes against all Magistrats , and violently resist them , when they think their lawes either unjust , or the punishment executed unjust , ( as he sayeth he doth . Ibid. Pag. 13. ) By what medium will he couple the antecedent and consequent together ? May not a man disallow that any part of the people , though they had all the Magistrats with them , except the Supreame , may take up armes against the Supreame , and violently resist him , whensoever they think that the lawes are unjust , or the punishment executed unjust ( as I verily think the Author of Naphtaly will ) and yet say , That when strong and inevitable necessity urgeth , in order to necessary and just ends , people may have their owne convocations , even against authority , and de jure be guilty of the breach of no standing law against the same , seing all know that salus populi est supreme lex , and that no law or act , vvhen the strik observation thereof , tendeth to the detriment of the Republick , ( for the good of VVhich , all lavves are made , ) is of force . The next passage he citeth is out of Pag. 14. vvere Naphtaly hath these vvords : [ That the right and privilege of self-defence , is not only founded in , but is the very first instinct of pure nature , and spring of all motion and action . 2. That it was competent to , and exercised by , every individual , before that either society or government were known . 3. That it was so far from being surrendred and supperssed by the erecting of these , that it was and is the great end , and motive , for which all voluntary societyes and policyes were introduced , and are continued . 4. That it is a principal ( and not the principal as he misciteth it ) rule of righteousnesse , whereunto that great command of love to our neighbour , by the law of God , and by the Lord himself , is resolved , and whereby it is interpreted . ] And then addeth , [ So it doth infallibly follow , that the same right and privilege , is yet competent to all men whether separatly or joyntly , and needeth no other pre-requisite , but that of intolerable injury ( which for a man to suffer under pretence of the good of the Commonwealth , would be , for the delusion of an empty name , only for the lust of other , really to deprive himself of his whole share & interest therein ) and is completed for excercise by such a probable capacity , as may encourage the asserters thereof , to undertake it . ] Thus I have set down his words , truely and wholly , and I would faine know what is there here , that will ground the foresaid thesis ? Must a man that sayeth thus , necessarily say , That it is lawful for privat subjects to take armes against their Magistrats ( when they are in a probable capacity to carry thorow their matters , ) and the major part of the people , when they think the lawes are unjust , or the punishments executed are unjust ? Let him the next time , I pray , prove this consequenc . For I , and many moe , do and will deny it . His next passage is out of Pag. 15. the words are these , [ The propelling by force of such injuries ( that is , to be violented in the matters of Religon ) was the justest cause and quarrel , that men in their primeve liberty , could be ingaged in . ] which surely is a very innocent and harmelesse assertion , and such as he , nor no rational man , who knoweth to preferre the interest of the soul , unto the interest of the flesh , can contradict ; and from whence , no man that knoweth what the exercise of reason is , can inferre his forecited thesis . The next passage he miserably curtaileth out of Pag. 16 17. but though vve should take it as he hath set it dovvne ) excepting that parenthesis vvhich he hath soisted in , in the same character , to deceive the sample Reader , vvhat could he inferre from it ? When once sayeth [ That combinations for assistance , in the same common cause of just and necessary defence , whereunto the force of extreame necessity , through the perversion of that mean of government , appointed for their preservation , doth ultimatly reduce them , are warranted by the principle of humanity , &c. and Gods glory , &c. and by this , that whole Cityes Kingdomes and Empires , for the violation of this duty , in not releeving the innocents from unjust tyranny , even of lawful powers , have been overtaken therefore by fearful judgments , to their utter ruine and subversion . ] Must he needs be thought to say and assert , That privat subjects may combine together and make insurrection against the lawful Magistrat , when they , in their private judgment of discretion , think the ends of government are perverted ? What sharpe sighted man can be able to see where these two shall meet ? He tells us next that Pag. 18 , 19. it is said [ That not only power of self-defence , but vindicative and reforming power is in any part of the people , against the Whole , & against all Magisirates ; and if they use it not , judgment cometh on ( supposeing their capacity probable to beare them forth , ) and they shall be punished for there connivance , & not acting in way of vindication of crimes , and reforming abuses . ] But who shall read the place cited , will be forced to acknowledge a very great injury done to Naphtaly , & that his words are miserably represented ; and yet he cannot draw out of them , even as he hath minced the , and thrawne them so that they look with another face , then their owne , That , Napbtaly asserteth , That private persons may , when they think or imagine , in their privat judgment , that the Magistrats and the rest of the land are in a defection , arise in armes against them , vindicate Religion , judge and condemne such as are guilty ; and so use imperat acts of reformation by vindication . Sure these words in Naphtaly , [ of necessity both from the principles deduced , and from the most visible judgments of God agreable thereto , there must be a superiour and antecedent obligation , to that of submission , incumbent upon all , both joyntly & separatly , for the maintainance , vindication , and reformation of religion , in order to the promoting of these great ends of the publik profession of truth , and true worshipe , which the Lord doth indispensably require ] to sober , judicious , intelligent , and impaitial readers , will have a far other import . So , what can he inferre from that which Naphtali said Pag. 28. viz. [ That none pleadeth for absolute submission in the people , and exemption in the prince , but such as have prostrated their consciences to the Princes arbitrament , in a blinde and absolute obedience ] and that [ seing subjection is principally enjoyned , for , and in order to obedience , what soever reason or authority can be adduced to perswad an obsolute and indispersible subjection , will far more rationally and plausibly inferre an illimited and absolute obedience ] Can he , with any colour of sense or reason , inferre that he maintaineth that passive subjection to unjust lawes and punishments , where there is power to make active violent resistence , is a greater sin then active obedience to unlawful commands of Magistrats ? Is this a faire way of disputing , to say that one maketh that the state of the question , which he draweth from the assertion of his adverry ? Naphtaly allaigeth that absolute subjection is as repugnant to reason , as absolute obedience ; doth he therefore make this the state of the question , ( or give ground for it , ) That absolute subjection is more sinful then absolute obedience ? Againe , what can he draw out of these words of Naphtaly Pag. 157. [ Secondly it is answered That riseing up against authority itself , the ordinance of God , and disobeying the powers therewith vesied , standing and acting in their right line of subordination , is indeed rebellion , and as the sin of witchcraft ; but to resist and rise up against persons abuseing sacred authority , and rebelling against God the Supreame , is rather to adhere to God , as our Liege Lord , and to vindicate both curselves and his abused ordinance form man's wi●kednnesse and tyranny ] Can he hence inferre that Naphtaly judgeth it no rebellion , for privat subjects , to disobey Powers acting in a right subordination , when they in their judgements of discretion , judge that they deviat from that line of subordination ? Sure he must have some needle head that can sowe these two together . These are the particulars whereupon this Surveyer thinketh to bottome his falsely-stated question , and by this we may judge ( ut ex ungue leon●m ) what faith he is worthy of , when he sayeth immediatly thereafter Pag. 14. [ But what needs insisting on his justifying of any number of private persons riseing up and resisting the whole Magistrates , & Body of the people , when ever they think they have cause ? Seing this is the maine scope of his book , and more too , even to state them in a punitive power of all who are against them , and a power to pull downe all authorities , that are in their way . ] Alas ! poor soul , such impudent untruthes , will not much strengthen his cause , in the judgment of such as are judicious , and many will think that such way of dealing declares him to be unworthy of his wages : for , may not all who read that book , see a cleare other scope there intended then what he here fancyeth ; and know that from no sentence in all that book , can such conclusions be drawne , as he here sayeth is the maine scope of it . O! but he must be audacious and affronted , to say that the author of Naphtaly [ not only makes a proclamation to all meer private persones ( not having any Nobles and Magistrats amongst them ) to make insurrections against all Magistrats from the highest to the lowest , and against the plurality of the people ( if they think themselves in probable capacity , ) and not only so , but giveth to them a liberty to pull all Magistrates out of their seats , to instal themselves , and to punish Magistrats , who ( as he sayes ) have forfauted their right by the abuse thereof ] as he doth Pag 21. What wil not such shamelesse boldnesse adventure to averre , with the greatest confidence ? but such as are wife will not beleeve every thing , that such as have made shipwrak of faith and of a good conscience , and have possessed themselves of a debauched conscience , have the impudency to affirme without blushing . CAP. II. Three Arguments proposed , taken I. from the Concessions of Adversaryes . 2 The resistence of Parliaments : 3. The Light & Law of Nature . Having thus cleared the true state of the question , we shall now fall about the confirming of the affirmative ; and so take occasion to examine what this Surveyer sayeth , as he cometh in our way : and though there should not be great necessitie to confirme our hypothesis , or the present question under debate , unto such , as have not prostituted their soull unto a brutish beleef of an absolute and indispensible subjection , or submission in all cases whatsomever , unto the lusts and rage of men abuseing their power and places , and overturning that good order which God only wise estabished in his love and favour , for the good mankinde ; yet because this seemeth to be an age , wherein the spirits of many of sunk below that of beasts ; and men of no consciences , or , at best , debauched consciences , have willingly surrendered their privilege as men , and assumed the slavish disposition of bond-men , that for their owne base ends , a little mase of pottage , they may gratify such as are nothing lesse , then what they ought to be ; it will be necessary to speak a little more to it . Our first argument then shall be taken from the concessions of adversaries , and from what this same surveyer , seemeth ( if not expresly and directly to grant , yet ) not to deny or condemne altogether Barclarius contra Monarchom : lib. 1. c. 8. granteth to the people liberty to defend themselves from injury , and to resist quando immani savitia petuntur and lib. 4. c. 16. he doth fully an plainely acknowledge [ That the king falleth from the right to this Kingdomes , & that the people may not only resist him , & refuse obedience unto him but many also remove him from the throne , if without the subjects consent he should subjecte the Kingdome to another , or be transported with an hostile minde against the Commonwealth . [ Doct ▪ ferne also acknowledgeth [ That personal defence is lawful against the suddaine and illegal assaults , of the King's messengers , yea of the Prince himself , thus farre , to ward his blowes , to hold his hands ; so when the assault is inevitable ] and else where he grants it lawful [ to resist the King's cut-throats . ] So Arnisaeus de author : princip . Cap. 2. n. 10. granteth it lawful to private persons , to resist the King , when he acteth extrajudicially . And Crotius de jur . bel . & pac . lib. I. c. 4. n. 7. seemeth to say that the law of non-resistence doth not oblige , in certane & extreame danger , seing some divine lawes , though generally proposed , have this tacite exception of extreame necessity ; and giveth this for a ground . That the law of non-resistence seemeth to have flowed from them , who first combined together into a society , and from whom such as did command , did derive their power : now if it had been asked of such , Whether they would choose to die , rather then in any case to resist the Superiours with armes , I know not ( sayeth he ) if they would have yeelded thereunto , unlesse with this addition , if they could not be resisted , but with the greatest perturbation of the Commonwealth , and destruction of many innocents . And a little thereafter He hath these words [ Att●men indiscriminatim damnare , AUT SINGULOS , AUT PARTEM MINOREM , quae ultimo necessitatis praesidio sic utatur , ut interim , & communis boni respectum non deserat , vix ausim ] It is true , in the end of that Section , he seemeth to say that nothing is now left to christians , but flight , yet § 10. & 11. he assenteth to Barclaius his concessions . Let us next see what our Surveyer seemeth to yeeld Pag. 23. 24. [ Whatever may he said ( sayeth he ) of moral of legal felf defence , against the souveraigne , by way of petition , or plea in court , for saifty of a mans person or Estate ; and whatever may be said of warding off , and defensively puting back , personal injurious assaults , to the manifest and immediat peril of life ; without any colour of deserving , of reason , of law , or judicial proceeding ; or of a Womans violent resisting attempts , against the honour of her chastity ( dearer to her then life ) and tending to insnare her also in sin , againss God ( whereof her non-resistence makes her formally guilty ) and whatever may be done in the case of most habited , notoure and compleat tyranny , against all appearance of law , manifesily tending to the destruction of the body of a people , or greater part thereof , by hostile furious actions , or in the case of violent attempts , or destruction of all knowne legal libertyes , and the beeing of Reliagion , according to law ; or in the case of vendition , alienation of , and giving a whole Kingdome to forraigners , or strangers , or some such like ; whatever I say in such horried cases ( which for most part cannot befal a prince , in his natural and right wits , ( a case wherein provision may be made , that he hurt not himself , nor his dominions ) may be done , comes not at all within the compasse of our question ; although most disingenuously , the discontented and seditious , do strive on all occasions , to aggravate matters so , that the case concerning them , may seem co-incident with these , or the like , that so they may justify their violence against the powers . ] But howbeit this Surveyer think that these concessions make little for our advantage ; yet to understanding persons , it will be cleare in general . 1. That He , and the rest of the Royal society of Court parasites and slatterers , speak most inconsequentially unto themselves ; They cry up in their writtings an absolute , and indispensible subjection , unto the Supreame Magistrate , due by all his subjects ; and yet when they are sore pinched , they must clap their wings closer , And drawe in their faire sailes , & grant that in such & such cases , not only his E missaries & such as have his commission , but Himself may be resisted not only by the Ephort , & Primores Regni , but by very private subjects . Did we not but just now heare our Surveyer crying out against Naphtaly , for saying That what reasons could prove an absolute & indispensible subjection , will also prove an abosolute & unlimited obedience , as being unwelling to heare any thing spoken against an absolute & vast , subjection ; and yet behold here , he is as willing as the rest , to clip the wings of this inviolable soveraignity , & set forth unto us a limited & retrenched subjection due to the Supreame Magistrate , even by private persons . 2. That by these concessions , He and the rest cut the sinewes of their owne arguments , and cause them to halt ere they assault us , and teach us away of rejecting or answereing them ; For , when they produce their arguments , vvhether from reason , or authorities , they cannot but make them conclude universally , and then they are necessitated themselves to ansvvere these universal arguments , or otherwise retract their concessions ; and whatever vvay they think to evade vvith their concessions , and supposed cases , vve vvill finde roome enough to escape vvith our case ; as for exemple , vvhen this Surveyer urgeth that subjection spokento , Rom. 13. He must either grant , that it must be restricted to such and such cases , or else plead for an universal , absolute , unlimited and indispensible subjection , and so retract his concessions ; and if he take the liberty to use his restrictions , and so interpret the place , as that it shall not reach his cases excepted , he must grant us the same liberty , to say that our case is not there meaned , or condemned . 3. By these concessions vve have this advantage , that the distinction vvhich is made , in this question of resistence , betvvixt the Magistrate as such , and the person or man , vvho is the Magistrate , is not so absurd and ridiculous , as the Royalists give it out to be ; for here vve finde them forced to use the same , so that if it be a defileing distinction they cannot be clean , more then vve : and vve see that resistence may be used against the person of , or the man vvho is , the Magistrate , vvithout the least contempt , or vvrong done unto the holy Ordinance of God , othervvise they must of necessity say , that in all the forementioned cases , they very Ordinance of God is resisted ; and hovv then they shall reconcile that , vvith Rom. 13. I see not . 4. We see also , That the Prerogative Royal , vvhich they screvv up unto a transcendent absolutenesse and supremacy above lavv , is but a meer chimaera , vvhich themselves must abhominate as a loathsome brat . 5. We see that salus populs est suprema lex , the peoples saifty is such a royal thing , that the King himself , and all his prerogatives , yea and municipal lawes too , must vaile the cap unto it themselves being judges . 6. We see also , that they must grant a court of necessity , in which private persones , may judge the Supream Magistrat , in order to their resisting of him ; for , I hope , they will grant , that in these cases , the people act with judgment , and as rational men ; and if so , they must say , that the people must first judge and condemne the Supream Magistrate , as erring , and doing amisse , before they can lawfully resist him . 7. We have this advantage , That the Arguments by which , They can prove it lawful to resist the Magistrate , in the cases granted by them , will not be a little steadable to us , in our case ; and for shame they will not condemne their owne arguments , because in our mouthes . 8. It will be easily granted by all , that our case , vvhich vve have truely stated , vvill come nearer the cases , vvhich adversaries do except , then the case vvhich he hath sett dovvne ; and so , Hovvever he think the cases mentioned by him , do not come vvithin the compasse of the question vvhich he hath set dovvne ; yet understanding persones vvil see , they are not altogether vvithout the compasse of that vvhich is the true question , and true state of the controtroversy ; and that he hath no just cause to fay , that vve ( hovvever he account us discontented and seditious ) do most disingenuosly strive , on all occasions , to aggravate matters , so that the case concerning us , may seem co-incident with these or the like . But next , more particularly , These concessions are much for our advantage . For , 1. If it be lawful for a private person to defend his life or estate in a moral or legal vvay , by petition , or plea in court , against the Souveraigne , ( yea and by actual force , if the Soveraigne , or any in his name , shal come to poind , or take possession illegally , as our lavves vvill allovv , ) vvhy shall it be unlavvfull , for a considerable part of the land , to defend their Lives , and Estates , their Libertyes and Religion , by forcible resistence , made unto the Magistrat's Emissaries , cruel , bloody souldiers , vvhen that moral resistence by petition , ( vvhich yet no rational man can account resistence , it being rather an act of subjection ) is , contrare to all lavv and equity , denyed ; and also , the legal resistance , by plea in court , is not admitted ? Doth the municipal lavv of the land permit the one resistence , aud vvill not the lavv of nature and nations ( vvhich no municipal lavv can infringe ) be a sufficient vvarandice for the other , in case of extream necessity ? If it be said , The Soveraigne hath law and right upon his side , in this case , which he hath not in the other , till the law discusse it . Ans . The Law and Right which he hath on his fide in this case , is but meerly pretended , as in the other case ; and is lis sub judice Neither is he , to be both judge and party in this case , more then in the other : againe , if it be said that in this case , He acteth as a Soveraigne , executeing the lawes , but in the other case , he acteth only , as a private person . It is answered . 1. That even in the other case He may pretend to be acting as a Soveraigne , following & executeing the lawes , as well as in this . 2. The Soveraigne as Soveraigne cannot oppresse nor do wrong , & therefore even in this case , when he doth manifest injury unto the subjects , contrare to his place , vow and promise , he acteth but as a private person , and not as Soveraigne . 2. If it be lawful for private person to warde off , and defensively put back personal injurious assaults , to the manifest and immediat peril of life , without any colour of deserving , of reason , of law , or judicial proceeding . Why shal it not also be lawful for private persons to ward-off , and defensively put back , the injurious assaults of Emissaries , to the manifest peril of Life , Libertyes , States , Lively-hoods , Consciences and Religion , without any rational , or real colour of deserving , of reason of law , of God , or nations , or judicial proceeding ? Shal it be lawful for one private person , in the defence of his owne life , to warde off such illegal , extrajudicial and irrational assaults of the Soveraigne himself ; and shall it be unlawful for a body of a land , or a considerable part thereof , in the defence of their lively-hoods , and so of their owne lives , and of the lives of their posterity , of their Consciences , of their Libertyes and Religion , all secured unto them by all bonds , vowes , Covenants , Statutes and Actes imaginable , to warde off the irrational , furious , illegal , extrajudicial and mad assaults of the Soveraign's bloody Emissaries ? Sure rational men vvill see that vvhatever reason vvil evince the lavv fulnesse of the resistence in the former case , the same vvill more strongly and plausibly , conclude the lavvfulnesse of resistence in this case . 3. If it be lavvfull for a private vvoman to defend her chastity , dearer to her then life , by violent resisting the Soveraignes attempts , lest by non-resistance , she should be guilty ( and oh if all the vvomen of the nation vvere of this temper . ) Shall it not also be lavvful for private persons to defend their Lives , Liberties , Consciences and Religion , dearer to them then their Lives ; yea and defend their chastity too , by violent resisting of the furious attempts of the Soveraignes bloody Emissaries , sent of purpose to constraine and compel them to perjury , vvhen their non-resistence , according to their povver and opportunity , could not but be interpreted a voluntary and base quiteing of the cause and truth , vvhich they vvere bound before God , to maintaine vvith their lives and fortunes ? 4. If it be lavvfull to resist habited , notour and compleat tyranny , against all appearance of lavv , manifestly tending to the destruction of a body of a people , or a greater part thereof , by hostile furious actions : Shall it be utterly unlavvsul to resist notour tyranny , yea compleat and habited ( though not as to re-iterated acts , yet as to the ground laid dovvne of a most compleat and habited tyranny ) against all appearance of divine lavv , or just and right humane lavves , vvhich should be consonant thereunto , tending to the destruction of the Covenanted-libertyes , privileges and Religion , of the vvhole body of the people ; and also unto the actual destruction of the libertyes , states , lives and lively hoods of a great part thereof , by hostile furious actions ? 5. If resistence be lavvful in the case of violent attempts , or destruction of all known legall libertyes , and the beeing of religion according to lavv : Shall resistence in our case be unlavvsul , vvhen all the true libertyes of the subjects , once established by lavves , re inforced by vovves , Covennants , solemne engadgments , and all bonds imaginable ; and the very being of our Religion , as reformed in doctrine , vvorshipe , discipline and government , ratified , approved , established , and confirmed by lavves , oathes , Covenants , vovves and promises , vvhich lavves so re inforced vvith oathes , protestations , attestations , declarations , solemne vovves and Covenants , are , by all right divine and humane , irrepelable , being not only in themselves good and necessary , but also becoming hereby sacred vovves to God , vvhich must be payed , & being also fundamentall tearmes of the constitution of the reformed Republick ? 6. If in the case of Vendition , Alienation of , and giving the Kingdome to strangers , violent resistence be allovved ; shall it not also be allovved in our case , vvhen a land that vvas solemnely devoted , consecrated , and given avvay to God by solemne vovves and Covenants , and the same ovvned , approved , ratified and confirmed by publick acts , edicts , proclamations , declarations , lavves and statutes of plenary , and ( even as to all formalities ) compleat Parliaments , made up of all the Estates of the Realme , and the King also , is novv treacheroussly , and iniquosly , forced to depart from their former principles , to abjure their former vovves and Covenants , to change their God , to condemne his vvork ; and by most abhominable , and ever to be-abhorred acts and statutes , sold and alienated unto a popish prelatical and malignant faction and designe , under vvhich , the faithful and true seekers of God's face , have , and can expect , lesse liberty for their consciences , then if the whole Kingdome vvere delivered up into the hands of the great Turk . Thus vvee see these concessions help our cause , & vveaken the adversaryes not alittle : let us novv proceed to speak to another particular vvhich vvill help us also . 2. The authors of Lex Rax , and of the Apologetical Relation have sufficiently proved , that the late vvarre carryed on by the Parliament of Scotland against the King , vvas lavvful , both in poynt of lavv and conscience ; And if that vvas lavvfull ( as it vvas , and shall be found to be , vvhen he and all his complices have done their utmost vvith all their lying cavills , false calumnies , reproaches , and vvhat not , that Hell can hatch , to disprove & condemne the same ; ) a vvarre raised by the subjects in their owne sin-lesse self defence , without the conduct of their representative , cannot in every case be condemned ; particularly not in our case now . The antecedent , I say , is abundantly proved in the books mentioned , which this windy man thinks needlesse to run out upon ( but he might rather say , he thinks impossible to answere , and beyond his poor strength to graple vvith ) as he sayeth Page . 20. vve must then take some notice of vvhat , in that Page ( vvhich he thinks sufficient to oppose unto the many arguments produced by them ) he is pleased to present ; [ what sense ( sayes he ) the people of Scotland ( when they have come to liberty ) have of these armes , their late representative have declared , and it were to be wished , that the memory of such wayes , were buryed , that the posterity might never look upon them as exemplary ; Their progenitors have so deeply drunk of the bitter fruites of the same , the result of them having been so much sin , shame and sorrow , vastation confusion and destruction to Princes and People . ] I answer , 1. What that liberty is , which the people of Scotland are now come to , who can see it , for the perfect slavery and bondage they are sold unto ? A freedome he talkes of , when all our libertyes are sold , and we given up as bond men and bond women unto the lust of a Man , and are denyed the very liberty , which is the privilege of all free subjects , yea and that which is the birthright and native privilege of all men , viz. to supplicate , petition or to pray : what liberty can he then meane , unlesse the liberty ( which is licentiousnesse ) to forsake God and our Covenant , to turne Apostats from his truth and our profession , to sweare & foresweare , to drink , debauch , whore , commit sodomy , & all sort of wickednesse , without curb or controll ? Is this the liberty he understandeth ? Sure , all true christians and such as feare the Lord account that develish slavery and bondage . 2. We know what this late Representatives have done , but whether therein they have acted the part of Representatives , and given the true sense of the people of Scotland , will ( it may be ) be considered , when He and I both are rotten . Sure they never had any expresse , yea nor tacite commission from the people of Scotland , to give up all their necks to the stroke the axe , as treatours and rebels , for doing nothing but standing to their owne defence , against manifest tyrranny , and oppression of both soul and body ; and to condemne them and their worthy progenitors who valiently stood for the truth , and the libertyes of Church and State , to the losse of their lives and fortunes ; and to proclame and declare themselves guilty before God and Men , of all the blood that was shed in that warre , though most lawful and laudable . 3. We are persuaded , let him with what he will , the memory of these memorable wayes shall never be buried , but shall stand as exemplary monuments to succeeding generations , when God shall think it meet to animate them with the spirit of courage , to free the land of tyranny , and of domineering abjured prelats , withal their taile and traine : and wise men will think that his Representatives have not taken a course fit for burying the memory of these wayes ; but rather a way to revive afresh the memory of them , and to commend them more to the thoughts and hearts of all who love and pray for the comeing of our Lord's Kingdome . 4. What bitter frutes these are , which , he sayeth , our progenitours have drunk so deeply of , we know not , They lived and died , such of them as owned , and stedfastly adhered to that cause and Covenant , in honour and peace ; and their names shall be in perpetual remembrance , when his , and the names of the rest of this perjured , Malignant apostate faction shall rot . We needed not have feared that either sin , shame , sorrow , vastation , confusion , or destruction , should have come to Prices or People , if we had prosecuted the ends of our Covenants , with zeal and faithfulnesse according to our manifold vowes , promises , solemne oathes and ingagments : But what ever of these have followed , should be , and will be rightly fathered on our defection and lose of zeal : And what sin and shame , and sorrow , & vastation , & confusion , & destruction shall now follow both to Princes and People ( if they repent not ) upon this unparallelable defection & Apostasie , whereof now they are avowedly guilty , none , who is not an utter stranger unto God , his faithful word , and dispensations , but may , without any extraordinary Spirit of Prophecy , foretell . Next he tells us , That these disputes proceed upon a most untrue and malitious misrepresentation of matters of fact , & upon two false hypotheses : Let us heare what are those ? [ As if ( sayes he ) the King had been the first invader of the Nation , whereas it is known , his authority was first invaded , his lawes trodden upon , kis proclamations openly despised , his castles violently seised ; his armes he took were notinvasive against the Nation , but defensive of his owne authority , of his lawes , and the persones of orderly walking subjects , and for reduceing these who strayed from their duty . ] Answ . Quis tulerit Gracchos de seditione querentes ? Who would suffer such a manifest notorius lyar to say , that others made misrepresentations of matters of fact ? But , 1. Do not all who then lived , and yet read the publick papers , and other acts that passed then , know that through the instigation of some false , perfidious , fugitive Prelates , the King was stirred up to make warre on Scotland , ere ever they thought of any such thing ? Was not warre concluded both by sea and land ? Was not free tradeing taken away ? Were not the Scottish Nobility at court made to abjure the National Covenant , and the General Assembly at Glasgow ? was there not a declaration emitted Feb. 27. & publickly read in all the Churches of England , wherein the faithful subjects and Covenanters in Scotland were tearmed Rebels ? Were not Berwik and Carlile frontier cities strongly fortifyed and garrisoned ? Was not the Earle of Huntly made Governour of the North of Scotland , and had some foure or five thousand men in armes , for the King ? Was not Aberdeen fortifying it self , to take in the King's navy of shipes , when it should come ? Was not the Marquis of Douglas , & Lord Haris ready to rise with the Papists in the South of Scotland ? Was not the Deputy of Ireland prepareing men to land them in the West of Scotland ? Was not the Earle of Arundale made the Kings General ? and was not the King to have his rendezvouz at York in Aprile , and all the English Nobility commanded to attend him there by a letter written Ian. 26. before the faithful People of Scotland had any army in readinesse ? What impudency is this then to say , the King was not the first invader of the Nation ? And as for the second expedition , Anno Dom. 1640. managed , and carryed on , by the Parliament , it was abundantly verified by their publick papers , that it was purely defensive . And it is notour , that before the leavy was made , and appointed , the King had violated the conditions made ; had caused burne by the hand of the Hangman a paper containeing explications of some tearmes used by him in the treaty of Peace ; had denyed accesse to their commissioners , & afterward , when he had signified his willingnesse to heare such as they should send , such as were sent were committed to prisone , and one of them , viz. The Lord Lowdon ordained secretly to be beheaded in the Towr of London ; and , in the meane while , warre was concluded against the Realme of Scotland , in the King's Council ; The Earle of Northumberland was made General , a Parliament was convocated , both in England and Irland , for raising of subsidies , to the carrying on of this warre ; The Deputy of Irland with some there , had promised much assistence . The Prelates of England had offered great summes to carry on this Bellum Episcopale , as they named it ; Scottish shipes were intercepted , their goods taken away , and the seamen cast into prifsones and miserably handled ; The sea ports were closed up with frigots ; The castle of Edinbrugh oppressed the City with their shot , and killed many both young and old . Were all these things no beginnings of a warre , nor no acts of hostility ? How can he , or any else then , say that the King was not the first aggressor , or that Scotlands warre was not purely defensive ? 2. As to these things wherein he would make his reader beleeve , that the Honest people of Scotland , were the first invaders , what a malitious fool doth he manifest himself to be ; for 1. How or what way was his authority invaded ? was it , because they would not receive a masse book in English , obtruded upon them by his sole authority without the concurrence of Church or State ? 2. What lawes were troden upon ? Weknow no lawes , but acts and statutes of a lawful Parliament , made for the glory of God , and the good of the land : and what such were trode upon ? 3. What way were his proclamations despised ? Is it to despise a King's proclamation , for free subjects to vindicate them selves of what is unjustly laid to their charge in this proclamations , by faithful and humble protestations of their innocency ? 4. What were those castles seised upon ? Some be like in Vtopia ; for , before this warre was begun Anno 1639. The Covenanters seised upon none of the King's castles : When they savv the King bore a hostile minde against them and intended no good , they watched the castle of Edinbrugh that more ammunition and provision should not be carryed into it : And this was all they did , until they were necessitated to put themselves , into a posture of defence , & then they seised upon some houses here & there , the lawfulnesse of which , is demonstrated by Lex Rex , & the Apology . 5. What illegal courts were those which were set up ? Sure those tables , as they were called , were no courts assumeing to themselves any judicial determination in any matter of State civil or Ecclesiastical , nor conventions : for disturbance of the peace , or usurpation against authority ; but meer meetings ( allowed by the light and law of nature ) for consultation and advice anent the matter and manner of supplications , which they were to present to his Majesty , and his Council ; and of propositions to be presented to the lawful State and Church-judicatories . 6. Who were those subjects walking according to the lawes , who were persecuted ? We know of none , who were troubled at that time , except the Prelates , the Troublers of our Israel , and all the persecution they met with , was that the honest Covenanters did give in complaints against them , and offered to make good what they allaiged , upon the highest perill , and did supplicate the Council ( whereof some of them were Members ) that they might not fit there as judges , but stand as Rëi , and answere for themselves , and that the General assembly indicted by his Majesty , after mature deliberation , and full examination , did excommunicate them , for high and notorious crymes , to be seen in the registers of that Assembly . But 2 will these things , to judicious persons , lay the ground of a lawful warre by the Magistrate , against his owne subjects ? Are these who cannot yeeld obedience unto unlawful commands , who humbly protest for their owne innocency , who meet together for drawing up supplications , and ordering matters thereanent , and who give in complaints against the Pests & Troublers of the land , and exerce Church censures upon the scandalous , invaders of the Soveraign's authority ? And when a King upon these grounds invadeth his subjects , with an army of armed men , can any man of common sense think that his war is not an invasive vvarre ? Hath not Magistrats other lavvfull vvayes to defend their ovvne authority and lavves and orderly subjects , and to reduce the disorderly , then fire and svvord ? Sure , for a King to cut off his subjects , is to diminish and annihilate his authority and lavves both : And for a King to vvage vvarre against the Body of a land , to pleasure Fourteen of a fevv of the basest and most unvvorthy of all the subjects , vvould seem to be the result of no grave and sage Council ; nor vvould it appeare to be much for the Kings honour , to have his Soveraigne authority imbarqued vvith a fevv abjects , so as if they did sinke to the bottome of the sea , It could not swime . The next thing , ( and that is the 2 hypothesis ) he allegeth is . [ That they represent him , in their virulent ( he should say nervous ) writeings , as Nerone ipso Neronior , a great persecuter of Religion , intending the total ruine and destrustion of the protestant profession , and the total ruine and destruction , of the whole people of the land . ] Answ . They represente him no othervvayes , then his owne publicke , owned , and avowed deeds , and declarations did represente him to all the world . What was his secret intentions God knoweth , but his deeds did declare that he minded no good to the poor Church and State of Scotland ; for , to pleasure a few abjects , that had drunken in much Popery , and Arminianisme , and stirred him up to urge upon our Church 2 Popish publick service , book of canons , and ordination , Popish ceremonies , and such Romish trash , he sought , by fire and sword to reduce us to ashes . We shal not now trouble his Urne , by speaking to what this Surveyer sayeth afterward : This we knovv , That he died ; but vvhether as a glorious Martyr for the true Religion of God ( vvhich yet may admit several senses , so ambiguous is it , though vve let it passe in the best ) and lavves and liberties of the people , ( as he sayeth ) many doubt . At length he closeth his digression thus . [ If there was any thing that could not have a favourable interpretation in that unhappy book that gave therise to the troubles , how timely was it retired , and great satisfaction and security given for religion ? If through default of Ministers of State , any thing had creeped in , that could not abide the test of law , how willingly was ●treformed ? yet all could not sist begun course of violence , till through God's dreadful indignation against a sinfull people , his fatal end might be brought on , not because he had been a Tyrant , but because he had not been such ] Answ . That book which was unholy , as well as , unhappy in giving the rise to such troubles , had not only somethings in it , that could not bear a favourable interpretation , but the whole of it , was the extract and quint essence of the Romish masse book , book of ritualls , &c. And how slowly it was retired , and satisfaction and security given , for our religion , and how soon conditions covenanted and condescended upon , were broken , the history of those times doth sufficiently declare ; as also how unwillingly any thing was reformed that had creeped in , whether through the default of Ministers of State or others , But how can this base calumniator insinuat that the Kings loyall subjects in Scotland had a hand in bringing him to his fatal end , seing even the late Representatives , though they would willingly have raked hell for it , could not finde a man , in all Scotland , to be charged with that crime . That he came to his fatal end , we know ; but that it was through Gods dreadful indignation against a sinful people ( if he mean the faithful and honest Covenanters ) I know none , except base ignorant sycophants , that will say it : That it was not because he had been a Tyrant , many will doubt . And when he sayes , that it was because he had not been a Tyrant . I am sure , he giveth non ca●sam pro causa● : and who can understand how God in his dreadful indignation against a sinful people , doth take away a Prince who vvas not a Tyrant , seing upon that account he giveth such Tyrants sometimes . Having thus vindicated the Antecedent from what this Surveyer had to say against it , we shall now speak a word to the consequence of the argument . And 1. The whole Cabal of the Royalists will grant it ; for , with them , both Representatives and People are put into one and the same category , viz. of meer subjects ; so that if the Antecedent stand good , ( as it shall , for all which they have said , or all which this their new collegue or young raw disciple , can say to the contrary ) the argument is good ad hominem . 2. Such as grant it lawful for a Land having their Representatives with them , to defend themselves against tyranny ; But deny it to privat subjects , in case of necessity , when they cannot have the conduct and concurrence of their Representatives , can adduce no argument against this last , but such , as will weaken their assertion in the former : As for exemple Hoenonius politic . disp . 9. thes . 55. disproveth resistence in this last case , by these arguments . 1. because , Subjects are obliged to pay to their owne Magistrats , the duty of fidelity and obedience , 2. Because , by this meanes a gap would be opened to seditions and rebellions . 3. Because the scripture commandeth subjects to pray for their Magistrats . 4. The son may not wronge his father how wicked so ever he be . 5. Violence done to the head , though sickly , tendeth to the ruine of the whole body . 6. It is better to have a sickly head then none . 7. There is greater danger to Cast off a Tyrant , then to Tolerate him . 8. A Tyrant cannot be resisted but destruction will follow to the resisters . 9. God punished the wicked kings of the jewes by strangers . 10. Jeremias did not stirre up the jewes against Nebuchadnezar but allowed them to pray . 11. Christ commanded to pay tribute unto the Prince . 12. Paul will not have an evil Prince to be cursed with words . 13. Kings are from God , and such like . But who seeth not , that these , if of any force , ( as indeed they are of none , as shall afterward be made appear , in due time ) conclude as much against a peoples opposeing and resisting a Tyrant , even when they have their Representatives with them , as when they are left alone : and yet this same Hoenonius ubi supra thes . 45. granteth it lawful yea and necessary for the Ephori and the Estates of a land to resist the Tyrant . 3. If our Surveyer will grant the case different now , from what it was then , when the primores Regni were ingadged in the opposition , ( as he doth Pag. 21. ) and grant that when the primores Regni concurre , the opposition is lawful ( as he must grant , in case the Soveraigne become Tyrannnical , and be the first-aggressor , because only upon the contrary supposition he condemneth the last resistence , which was made to the King by Scotland ) He must of necessity seek out other arguments then what we see he hath , to condemne this resistence of Private persons , in case of necessity ; or otherwayes contradict himself ; for , as may easily be seen , this being granted , all his arguments shall be easily discussed . 4. If he grant the case now , to be much different from what it was then , so as then , it was a lawful resistence , but not so now ( as he must grant , otherwise , we cannot see what this is to the poynt , and wherein his much difference doth slye ) how can he save himself a from contradiction ; for he must put a diffence betwixt a resistence made by the people with their primores , and a resistence made by the People with their Representatives in Parliament ; or else say , That whatever the Nobles of a land do , is the same with what a Parliament doth ; and that wherever they are , there is a Parliament , and the peoples Representatives : Now this he darre not say , left he should be hissed at ; and therefore he must grant it lawful , for a people to defend themselves , when they want the conduct and concurrence of their Representatives , acting authoritatively ; or else retract , what he hath said , and planely confesse That the case to be noticeed now , is not different from what it was then . 5. I hope no man will say that a war carryed on , or a resistence made against the Soveraigne , by the Representatives of a people , Is eo ipso lawful , unlesse the ground of the warre , or resistance , be reall and valide : And if the ground be valid , and good whereupon a People unjustly oppressed and tyrannized over are allowed to defend themselves , haveing their Representatives to goe before them , why shall not the same ground stand valid and sufficient , to warrand them to defend themselves , when they have not the concurrence of their Representatives ? I would gladly heare a reason , making the defence in the one case lawful , and not in the other , seing the ground remaines the same , the same necessity abideth , yea , it rather increaseth when the Representatives , who should be a screen unto the people , betray their trust , and either neglect to vindicate with their authority and conduct , the innocent oppressed people , or turne adversaries to them , and oppressours of them , themselves . 6. Since Parliments are the peoples Representatives , no man will say That de jure their power is privative , or destructive ; but rather cumulative and helpful ; so that the peoples Representative cannot , de jure , make them more liable to irremediable tyranny and oppression , then they were : they being properly exnatur a rei and ex institutione , & instituentium intentione , ordained and appoynted , for the greater faifty , and good of the people . And therefore , if the Representatives betray their trust , the People , in so far , are as if they had no Representatives , and may no lesse defend themselves in extreame necessity , then if the officers of their army , whom they had chosen and appoynted to defend them , against an invadeing enemy , should revolt to the enemy , they might lawfully rise up in their owne defence , and oppse the adversary . 7. The law sayeth that deterior conditio domini per procuratorem fieri non debet L. ignorantis ff . de procuratoriburs . The procurator or advocat his knavery , cannot prejudge the Client or wronge his cause . And why then shall the perfidy of the peoples Representatives , or their betraying of their trust , wronge their cause , and prejudge them of their just right ? 8. All will grant , That it is as lawful , for an oppressed people to defend themselves from the injuryes of a Parliament , as from the injuries of a Soveraigne , if not more : and if it be lawfull for a people to defende themselves against the Tyranny of a Parliament ( as is more then sufficiently proved by all such arguments as have hitherto , by any , been made use of , to prove it lawful , to resist a Soveraigne oppressing and tyrannizing ) no man of common sense , will deny it lawful to a people to defend themselves against oppression and tyranny , when they but want the concurrence or countenance of these Parliaments . 9. If any should allaige that this is against the law of the constitution of the Kingdom . We know no such law : beside , that though there were any such ; yet necessity knoweth no law : and in cases of necessity , such lawes are not to be observed , sayeth the law L. ut gradatim § . I. de muner : & honor . The lavves of nature are irrevocable and cannot be rescinded by municipal lavves : for the lavv tells us that civilis ratio jur● natur alia corrumpere non pote st L. eas oblig . D. de cap. privat . Novv the lavv of nature allovving self defence against unjust violence , addeth no such restriction , viz. that it be done by the conduct , and concurrence of the Primores or Parliaments . 10. The very concessions of our adversaries fore-mentioned , vvill confirme this consequence , for in these cases , they vvill grant the same liberty to a People vvithout , as to a People vvith their Representatives , to defend themselves : for the vveight and ground is not laid upon the manner , or vvay of conduct , or managing of the resistence and defence ; but upon the cause , and that is alvvayes the same . Yea , the necessity ( as was said ) is greater ( though , it may be , the difficulty is also greater ) when Representatives desert such as they do represente , and instead of helping them with counsel and conduct , in their necessity , do either deserte them , or turne enemies unto them . Our 3 argument is taken from the law and light of nature which alloweth to beasts , power and ability to defend them selves , against violence . An argument made use of , not only by Lex Rex and the Apology , ▪ but by Divines , Canonists , Lawyers and others who write of this subject . The civil law it self tells us That his necessary defence of life , floweth from the law of nature L. ut vim . ff . de just . & jure . But here cometh out a green statist , and takes on him to cry shame on all who ever wrote on that subject , and avovves Pag. 15. That it is too grosse divinity to bring such an argument from beasts . We must therefore see vvhether this Man be rational in rejecting such an argument taken from beasts ; and not rather more irrational then a Brute , to deny that to a Rational creature , vvhich he cannot but grant to Beasts , and Creatures vvithout life , as vve see he doth Pag. 14. 15. We shall readily grant vvith'him , That God hath given this self defending or preserving povver and propension , otherwayes to Men , then to inanimate creatures , or unto beasts , which are under no law , but that of meer nature , and therefore , they are not to defend themselves coeco impetu , but rationally ; and ought to subordinate this natural propension to self defence unto , and limite it , by the higher lawes of reason and of God. Doth he think that such as make use of this argument , do suppose That in every case and in every manner of way , men are to use and exercise this natural propension to self defence , in vvhich and after vvhich , Beasts are to use it ? Sure he is in a great mistake , and he vvrongeth the authors of Lex Rex and of the Apolog. &c. vvhen he sayeth Pag. 15. [ That they bring arguments from beasts , ( who being under no law of reason nor grace , to limite their propensions , may alwayes , in all imaginable cases , defend themselves with force ) to perswade men , that they may do the like , and that their propension for their externall preservation , is no more under any restraineing rule , to stope the exercise of it , then that of Beasts is ; ] For , they intend no such thing , nor are they , in the least , necessitated , to use that argument so : They only make use of it to disprove That irrational , and more then brutish position and maxime of absolute , unlimited and indispensible subjection of subjects to their Soveraigne , so that in no case , they may or can resist , which all the Cabal and royal society of Royalists , parasites , court flatterers and cavalliers , who , because they themselves , in hopes of some crumbs of allowance , have brutishly , without regaird had to the Law of God , or right reason , sold and devouted themselves , not only in matters concerning their body , but in soul matters , unto the meer lust and pleasure of a creature of clay , think all others should play the beasts with them , do furiously & obstinately maintaine . And as to this , the argument hence deduced is most rational and irrefragable : for it is irrational to think That God ( who taketh much more care of man ; then of beasts 1 Cor. 9 : 9. Mat. 6 : 30. ) should allow and give unto the inanimate creatures , and to the beasts , a power and propension to defend themselves against violence , and should deny the same to Man ; so that in no case he should be allowed to exerce that natural propension , to defend himfelfe , and to resist unjust violence with violence . So then we might let his restrictions passe , as being no thing to the present purpose ; for , it is but his groundlesse imagination to think that we would equalize Men with Beasts , because we will not , with him and his party , depresse them into a condition belovv beasts ; yet we shall shortly run over them . His first is this , when it is seen to be to no purpose , by reason of a phisical force . But alas doth he think this restriction of the natural propension for felfe preservation is upon men only , & not upon Beasts also ? did he not say in the same Page , the Major vis and a greater phisical force would hinder this even in Beasts ? His next restriction is this , A man justly condemned to death , both according to a just law , and by a just process according to law , may not use violent self defence against the Magistrate , with re-offending him . Ans . It is granted , what then ? will it therefore follow , that this principle of selfe preservation is so restricted , as that a whole Land , or a considerable part thereof , being unjustly condemned , both by an unjust law , and by an unjust processe according to , or without that unjust law , may not defend themselves against the Magistrate's Emissaries , sent to destroy , without respect had either to law or conscience ? Then he tells us That Lex Rex is too bold and cometh too neare to blaspheme God , by saying [ That it were a mighty defect in divine providence , that men should not have as large a liberty to defend themselves violently , as Beasts have ; and that men were in a worse condition then beasts , if as Beasts have alwayes power to defend themselves violently , with their horns , heels , teeth &c. So men should not have as large a liberty , in every case to use violence upon Magistrates , putting them to vexation , or perhaps troubling them in life states &c. ] But where findes he these words in Lex Rex ▪ The author of Lex Rex sayeth Pag. 334. [ It were a mighty defect in providence to man , if dogs , by nature , may defend themselves against Wolves , Bulls against Lyons , doves against haukes ; If a man in the absence of the lawful Magistrate , should not defend himself against unjust violence , but one man might raise armyes of papists sick for blood , to destroy innocent men ] but this is far from [ as large a liberty , in every case ] and cometh no way near to blasphemy , but is a real truth . Suppose Lex Rex had said so ( which I finde not ) it had not been apposite to his poynt now , while he is speaking of opposeing Magistrates not puting to vexation , or perhaps troubling in life , state , &c. but rightly executeing a just law , against a malefactor , which the worthy author of Lex Rex would never have owned , but would have said , That the Magistrate was bound to execute Gods Law against men-sworne Apostats , such as he and his fraternity are , & that they were bound to submite to the stroke of justice . Thridly he sayes Pag , 16. may not the exercise of selfe defence and violent resistence , be restrained by the grace of God , and the power of his command for submission , abiding upon a mans spirit ? as in Isaac's case , who did not resist his aged father going to sacrifice him . Ans . Whether Isaac made any forceable resistence or not , we know not , scripture is silent ; but it tels us his father bound him , we acknowledge God is Lord of life , but no man is ; and he may restraine by his will and working on the spirit , so as a man who lawfully might flee , and save his life , shall not have power to do so , but abide and glorify him by giving a faithful testimony unto his truth when questioned . But thinks he that such instances are binding precedents ▪ Sure , then he shall contradict his owne doctrine , Cap. 4. Or thinks he , that a Body of a people or a considerable part thereof , shall not exercise lawfully this privilege of self defence & violent resistence , when neither the Law of God , nor such extraordinary force or restraint of God on the Spirit , but the vaine pleadings of Court Parasites , would have it restrained ? Fourthly Pag. 17. He sayes , May not the defence of our temporal life , in some case , cease , for the preservation of the eternal life of our Neighbour , when it comes to that , that the defence of the one shall be the certane losse of the other ? Ans . True , and therefore He and the rest of the perjured clergy should much more cease from the preservation , or ratherusurpation , of their places , livings , and dignities , when so long as they domineer , there is certane ruine to Religion , and to the souls of many thousands . And againe , if a man may lay downe his natural life , for the preservation of of the soul of his Neighbour , much more may he with others , hazard the same in opposeing unjust violence , for the defence of the pure Religion , whereby thousands of soulls may be eternally preserved . But doth he think that a Nation or a whole countrey-side is to give up their lives to the sword of the Kings mercylesse Emissaries , for to preserve the vaine pompe , and to fill the bellyes of a few drons , whose God is their belly , though they should account that their eternal life , and all their felicity ? Fiftly , sayes he , doth not this obligation cease , for the publick good and preservation of the Commonwealth . Answer : What then ▪ doth it follow That Men should renunce their priviledge of self defence , when their doing of that shall be so far , from promoving the publick good , and preservation of the Commonwealth , that upon the contrare , their doing so shall tend directly to the ruine of the publick good and destruction of the Commonwealth ? Sure if this be true , that a man should lay down his life for the good of the commonwealth . It is also true , that moe should hazard their lives for the good of the Commonwealth , and violently resist violence . And doct Ames case mentioned Cas . Consc . Lib. 5. c.. 31. q. 3. would sute the Prelates well , and their adherents : so that if he and they loved the good of the Church and Kingdome of Scotland , they should give up their necks to the stroke of justice , that the wrath of God may be turned away from the land : for till these be removed , we can not expect any thing , but judgement upon judgement from the Lord , till we be destroyed . Neither doth Naphtaly crosse D. Ames , for Naphtaly only speaks of a mans suffering intolerable and inevitable injuries , under pretext of the good of the Commonwealth ; which indeed for a man to do , would be , for the delusion of an empty name , only for the lust of others , really to deprive himself of his whole share and interest therein , neither would he have ground of hope of getting a better share , seing it vvere a great question and doubt ; if , in that case , he vvere in the vvay of his duty . What he addeth , Pag. 18. of a souldiers going to a dangerous post , at the command of his General , is utterly impertinent ; Natures instinct vvil teach some dog to stand in the gap to keep out the Bare . His last restriction is this That it must cease to preserve the King , the Head of the Commonwealth , when the case is so , that the King must either lose his life or the private man his . Ans . I grant Lex Rex sayeth [ I think that a private man should rather suffer the King to kill him , then that he should kill the King , because he is not to preferre the life of a private man , to the life of a publick man , ] But I doubt that it is so agreed among the learned . Sure P. Voetius de Duellis Cap. 20. Pag. 162. thinketh othervvayes , and proveth that self defence is lavvful to a private person against the Magistrate , for the lavv vvhich allovveth to repel violence vvith violence , maketh no distinction betvvixt a publick person and a privat person , and the law of Nature alloweth it against every one ; for it knovveth no difference : And as to that vvhich some vvould say , That his death would be hurt full to the Commonwealth . He answereth , [ That he who resisteth the Prince doth intend no hurt to the Republick , and it is not per se , but per accidens , that he standeth in the way of the good of the Commonwealth ; and if he should suffer himself to be killed , he should transgresse against the Law of Nature . ] Yea I much doubt if the Surveyer himself , would not rather kill , in this case , as be killed , and with Naphtaly account Self-defence a principal rule of righteousnesse , however now he would disprove this assertion if he could : And would let that passe of loving himself more ad finem suum ultimum , and suam virtutem . Finally ; what he sayeth against this assertion of Naphtaly is to no purpose ; for the Author of Naphtaly will readyly grant that in some cases , not only a man , but a compauy of men , may , yea ought to preferre the preservation of others , unto the preservation of their owne life , because of a divine command to defend Religion , Libertyes , Posterity and Countrey , from the unjust invasion and violence offered by wicked Emissaries . But he shall never prove , That the Body of a land or a considerable part thereof , is to hold up their throats , to be cut by the Kings cut-throats , when he & they are seeking to root out the Covenanted-work of Reformation , to destroy the Libertyes of the land , and to make all perfect slaves , both in soul and body . CAP. III. A fourth Argument Vindicated , taken from Scripture-instances . Our fourth argument shall be taken from instances of opposition and resistence , made unto the Soveraigne , or his bloody Emissaries , by private subjects , without the conduct or concurrence of their Representatives , recorded in scripture , and which we finde not condemned by the Spirit of the Lord : So that whosoever shall condemne the late vindicators , must also condemne these instances . As. 1. They must condemne the Iewes standing for their lives against their Enemies armed against them , with a commission from King Ahasuerus , sealed with his ring , which no man might reverse , in the dayes of Mordecai & Esther . But some vvill say . That they had the King's commission , which did warrand them to take the sword of defence against any that should assault them , under pretence of the former decree , I Answere . If their having of the King's commismission did in poynt of conscience warrand them , It had been utterly unlawful for them , to have withstood the King's butchers , if they had not abtained that commission and warrand : But what man of common sense will say this ? This later decree did , in poynt of law , warrand them to gather together with saifty and security , that they might the more easily , not only defend themselves from their Adversaries assaulting them ; but also to destroy , to stay , and to cause to perish , all the power of the people and province , that would assault them , both little ones & women , and to take the spoile of them for a prey Esth 8 : 11. But didnot , could not , make their selfdefence against such manifest & bloody cruelty , lawful in poynt of conscience , if , otherwise it had been unlawful . Though every instance will not in all poynts quadrate ( for nullum simile est idem ) yet vve have here in this instance these things for our purpose , 1. private subjects without their Ephori or Representatives , arming themselves for defence : & that 2. against bloody Emissaryes of the King : & 3. bloody Emissaries armed by a formal commission , decree and vvarrand from the King. 4. A commission formally never reversed , but standing in force , as the decrees of the Medes and Persians that might not be altered . 5. and this defence , as lavvful in it self in poynt of conscience , ( for if it had not not been so , the King's vvarrand had never made it so ) so declared lavvful in poynt of lavv , by a decree from the King , after better thoughts . In imitation of vvhich , It had been a commendable practice in the King and Council , if they had been so farr from condemning these innocent self-defenders , ( since , as they thought , in poynt of honour and credite , they vvould not retract or reverse their decrees and commissions once granted ) that they vvould have authorized them , and absolved them in poynt of lavv , since in poynt of conscience , no man could condemne them , for standing to the defence of their Estates , Lands , Libertyes , Lives and Consciences , unjustly oppressed by mercylesse Emissaries . 2. They must condemne the people their rescueing of Ionathan from the sentence of death , unjustly given out against him , by King Saul 1 Sam. 14 : 44. In ansvvere to this instance , our Surveyer sayeth Pag. 65. [ That the people used no violence against Saul when he went about to put to Death innocent Jonathan , but in the heat of souldiery boldnesse , do effectually interpose with Saul , and mediate for the life of Jonathan , moving Saul to Wave respect to his rash oath , and to regaird what was just and right . Answ . 1. The matter came not the length of violence ; but had the King pertinaciously adhered to his rash and sinful resolution , and , by force , had offered to draw the innocent Man to death , that which they did , spoke clearly , they would have resisted him ; for , whether the King would or not , yea contrare to his oath , they sweare in the face of the King , that Ionathan should not die , 2. It is but gratis dictum , that only in the heat of a souldiery boldnesse , they did mediate ; beside , that there seemeth to be a material contradiction here , for souldiers mediating and interposing especially in the heate of souldiery-boldnesse , useth not to be with humble supplications & intreaties , but with violence or with what will usher in violence . 3. We heare of no arguments they use to move bloody Saul to change his purpose , but this , as the Lord liveth there shall not one haire of his head fall to the ground . He sayes Pag. 66. That [ the people did not oppose an oath to Saul's oath , for Junius exposition may passe well ; that they spoke not by way of swearing , but by way of reasoning , abhorring the destruction of such a person , absit , ut vivit Jehovah , an cadere debet . ] Ans . The word which they use is no other way translated here , by Iunius , then elsewhere ; and elsewhere it hath clearly the import of an oath , as may be seen Iudg. 8. 19. 1 Sam. 19 : 16. and 20. 3 , 21 , 25 , 26. and in many other places . 2. The People spoke these words , as Saul spoke them , ver . 45. and therefore they are directly an oath of the people opposed to Saul's oath . 3. Iunius himself sayeth , that they opposed a just oath to Saul's hypocritical oath . Sanctius in locum , sayeth , [ the people opposed to the Kings oath , a publick oath , & swore that they would not suffer that any evil should be done unto him . ] The dutch Annotat call it an abrupt kinde of oath in use among the Hebrevvs . But ( sayes he ) [ It is a vvonder to see understanding men argue from this place , for violence and forcible resistence to Kings , especially vvhen acting according to lavves , consented to by private persones ] Ans . This place proveth clearly that princes may be resisted , and resisted vvhen they use violence and oppression , and that by private persones , even vvhen the oppression , or iniquity is acted according to a pretended lavv , or something equivalent to a lavv . Let us see vvhere the difference lyeth . Here ( sayes he ) the King is not acting according to law , but prosecuting the execution of a foolish and rash oath ] Answ : 1. Neither did our King's bloody Emissaries act according to lavv , but were prosecuting the execution of a develish and rash resolution , to root out and destroy a vvhole Countrey side , 2. If Royalists speak truth , Sauls vvord , let be his oath , vvas as good as a lavv : and Sanctius sayeth it vvas Decretum decreed . And vvhatever it vvas formally , it vvas materially a law , unto which they had all tacitely assented , v. 24. & which they durst not transgresse v. 26. [ Here ( sayes he ) the opposition made to the King is by way of intercession & earnest reasoning that he ought to regaird what was right more then his rash oath . ) Answ . No reasoning vve heare but a peremptour telling of the King , to his face , that he should not get his vvill , not one haire of Ionathan's head should fall to the ground , if he should attempt any thing , against Ionathan , it should be over their bellyes : Their vvords look like club-agruments . [ Here ( sayes he ) their opposition was acceptable and welcome , acquiesced in and yeelded to ] Answ . It is like it vvas condescention by force and constraint , for vvhether he vvould or not , he savv he could not get his vvill , and therefore passed from vvhat he intended , 2. His acquiescence sayes the resistence vvas more forcible then meer intercession vvould be ; for , he vvas another sort of bloody Tyrant , then to yeeld to petitions , vvhen he thought his honour stood upon it [ Here ( sayes he ) the opposition is made by the Princes of the land , Captains of Thousands &c. ] Answ . The text sayes The people rescued Ionathan . Who ever they vvere & vvhatever they vvere , they acted not here as the Supreame Sanhedrin , nor as a court of judicatour haveing povver of government , but as private persones , according to their povver and capacities . And so all this makes much for a party of private persones ( for here vvas not all the land ) their resisting of the King 's bloody emissaries executing cruelty , not so much as according to an iniquous lavv , but contrare to all lavv , right and reason [ Let ( sayes he ) Peter martyr be looked upon this place , and he speaks not ably well , his owne words will discover how notourly he is falsified by L. R. p 349. ] Answ . Lex Rex . dealt ingenuously with his reader concerning him , telling him , in the margine that with adoubt he said , si ista seditiose fecerunt nullo modo excusari possunt . And that he said they might Suffragiis . vvith their suffrages free him . Why did not the Surveyer set dovvn his vvords ? did Lex Rex falsify also Chrysostome homil . 14. ad Pop. Antioch . Iunius : Corn , a lapide : Sanctius : Lyra : Hugo Cardin. Iosephus L. 6. antiq . c. 7. and Althus . Polit. c. 38. n. 109. 3. They must condemne David , for his resisting of King Saul , with armed men , which yet the spirit of God doth not condemne , but rather approve , in commending such as helped him I Chron. 12 : 1. 2. 8. &c. and inspireing Amazia who was chief of the captaines to say Thine are we David , and on thy side , peace , peace be unto thee , and peace be unto thy helpers , for thy God helpeth thee . So did he intend to keep out the city Keila against the King , and consulted God thereanent , and had his answere , that the city would betray him . Now if it had been unlavvful for him to have defended himself by such forcible resistence , vve cannot think that he vvould have goten such ansvvers as he gote . Grotius himself approveth this deed of David's . All vvhich this Surveyer sayeth against this Pag. 67. is , That Davids unction did so distinguish him from private persons , as that it made it lawful for him to resist violence with violence : But , the law of nature restricteth not this lawful self-defence to anoynted persons . 2. If his anoynting made him no private person , what did it make him ? it could not make Him King , othervvise he might not only have resisted Saul , but have taken his life as a traitour ; or else vve must say , there were two Kings at once in Israel . 3. David never pleads this as the ground of his resistence , nor is there any hint of this in the text . 4. They must condemne the city Abel 2. Sam. 20. which resisted Ioab , Davids General , and his forces , when they besieged it , till the matter came to a capitulation , Ioab should have offered tearmes unto the city , before he had threatned to destroy it ; and should have communed with the Magistrates , concerning the delivering up of the Taitour , before he had resolved to destroy the whole city , for one Traitours cause : and therefore justly did they defend themselves against his unjust invasion notwithstanding he was armed with a commission from the King : and remarkable it is , that after the capitulation , they were never challenged for traitours in resisting , with closed gates , and fensed walls , the King's General and army . So that here is a private city standing out for a time , against the King's souldiours , unjustly seeking to destroy them , because of one Traitour among them . 5. They must condemne the Prophet Elias for resisting Ahaziah's bloody Emissaries sent by him , in an angry moode , to apprehend him and to compell him , in a spite full manner , and to take him prisoner , as say the Dutch Annot. on the place , For speaking such things as he did , unto the messengers of the King , who were sent to Baal zebub the God of Ekron , to enquire if he should recover of his desease ; and to bring him to the King by violence , if he would not come willingly , as Iosephus sayeth antiq . Lib. 9. C. 2. 2 King. 1. Now he resisted such as were sent , and killed two Captanes & their fifties , with fire from heaven , which instance doth sufficiently declare that it is lavvful for private subjects , in some cases , to resist the unjust violence of the King's Emissaries , though armed with his commission . It is true , the manner of his resistence , and of killing these , vvas extraordinary , by way of a miracle ; yet the resistence it self , was not extraordinare , as we have seen by other instances , and shall see cleared by moe . 6. They must condemne the prophet Elisha who resisted both the King and his Emissaries in his ovvne defence 2 Kings 6 : 32. saying to the Elders who sate with him see yee how this Sone of a murderer hath sent to take away my head ? look where the Messenger cometh , shut the door , and hold him fast at the door , is not the sound of his Masters feet behinde him ? Here was unjust violence offered to the innocent Prophet , an Emissary sent to kill him without cause : and the Prophet resisteth his violence , causeth hold him at the door , and violently presse him , or presse him betvvixt the door and the wall , vvich speaketh violent resistence : keep him ( say the Dutch Annot. ) by force at the door : yea Iosephus thinketh that the King follovved quickly after , left the Prophet should have killed his servant . This clearly sayes that it is lawful for privat persones ( for the Prophet vvas no other but a private subject ) to resist unjust violence offered them by the King or his Emissaries , and with violente resistence , to defend themselves . 7. Much more will they condemne other instances of greater opposition , made to the rage and tyranny of Princes , which we finde recorded in scripture , and not condemned . As. 1. That opposition made by the Ten tribes to Rehoboam , when they revolted from him , after they had a rough and tyrannical answere unto their just and lawful demands 1 King. 12 : 1. &c. 2 Cbron. 10 : & 11. They desired nothing , upon the matter , but that He would engadge to Rule over them according to the law of God , and He gave a most harsh and tyrannical answere , and avowed that he would tyrannize over them , and oppresse them more then any of his predecessours , and that his little finger should be heavier then their loyns ; whereupon they fell away from him , and erected themselves into a new Commonwealth , and choosed a nevv King : And vve finde nothing in all the text condemning this ; for , it vvas done of the Lord , the cause vvas from the Lord , that he might performe his saying vvhich he spoke by Ahijah ; and vvhen Rehoboam raised an army to reduce them againe under his power and command , the vvord of God came unto Shemaiah saying speak unto Rehoboam &c. and say thus sayeth the Lord , yee shall not goe up , nor fight against your brethren , the children of Israel , returne every man to his house , for this thing is from me . It vvas done by the vvill of God sayeth Iosephus Antiq. Lib. 8. c. 11. And there is not one word , in the text importing that this vvas condemned by the Spirit of the Lord ; for , as for that vvord 1 King. 12. 19. So Israel rebelled against the house of David . It may be as vvel rendered , as it is in the margine , they fell away ; and so doth the dutch render it , and lunius defecerunt , they fell avvay , or made defection , and the original vvord is of a larger signification then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 vvhich properly signifieth to rebel , yea though the vvord 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 had been here used , it vvould not have imported a sinfull rebellion and defection , more then 2 King. 18. 7. vvhere Hezekiah is said to have rebelled against the King of Assyria , and this was a frute and effect of the Lords being with him , and prospering him , whithersoever he vvent forth . The Surveyer Pag. 66. can say nothing but [ That no sound man will think the suddaine and furious rebellion of the ten Tribes from Davids house , upon the furious and rash answer of a young King , was justifiable . ] But vvhatever he say or think , it doth not weigh much with us ; had he shewed us out of the Text , that this was condemned by the Spirit of the Lord , as sinful upon the matter , we should heartily have acquiesced , but since we see more hinting at an approbation thereof , we must rest there , till we see stronger reasons , then his naked assertions . But sayes he [ It would be considered that these who made the secession were the major part of the body of the people , but what is all this to justifie the insurrections of any lesser party of private people against the Magistrate , and all Magistrates supreme & subordinate . ] Ans . By what right , this Major part of the Body did make secession , by that same right , might the equal half , or the lesser part have made secession ; for the ground of the lawfulnesse of this secession , is not founded upon their being the major part , but upon the reasonablenesse of their demand , and the tyrannicalnesse of the King's reply . 2. This sayes much for us ; for , if it be lawful for a part of the people , to shake off the King , refuse subjection unto him , and set up a new King of their owne , when he resolveth to play the Tyrant , and not to rule them according to the law of the Lord , but after his owne tyrannical will ; then it cannot be unlawful for a part of the people to resist his unjust violence , and defend themselves against his illegal tyranny , and oppression . The consequence cannot be denyed , seing they who may lawfully do the more , may do the lesse also : So that seing this people might lawfully refuse subjection and homage unto Rehoboam and all his subordinat Magistrates , They might also lawfully have defended themselves against his tyranny , and the tyranny of all under him : and if They might lawfully have done so , so may we . 2. They should far more condemne the revolt of the city of Libnah 2 Chron. 21. 10. This wicked King Iehoram when he was risen up to the Kingdom of his father , strengthened himself , and slew all his brethren with the sword , and diverse also of the Princes of Israel v. 4. and walked in the wayes of the Kings of Israel , like as did the house of Ahab , for he had the Daughter of Ahab to wife , & he wrought that which was evil in the eyes of the Lord v. 6. and he made him high places in the mountaines of Iudah and caused the inhabitants of Ierusalem to commit fornication , and compelled Iudah there to v. 11. 13. and because he had thus forsaken the Lord God of his fathers , did the city Libnah revolt from under his hand . Commentators cleare this to have been the reason as Cornel. a. lap . in loc . propter impietatem Regis defecit ab eo Libna . Sancitus on 2 King 8. 22. Lobnah recessit ne esset sub manus illius , dereliquer at enim dominum patruum suorum . & Pet. Martyr on 2 King. 8. v. 22. [ Causa in Paralip . describitur , ob Regis impietatem qui suos nitebatur cogere ad idololatriam , quod ipsi Libnen ses pati noluerunt , & merito : principibus enim parendum est , verum usque ad aras , & cum illam terram inhabitandam a deo , eo foedere , habuissent , ubi illum juxta ejus verbum colerent , jure ejus idololatriam admittere , non debuerunt , ] Thus he approveth of their revolt in this case . What sayes our Surveyer to this [ This ( sayes he ) imports not the impulsive cause of the revolt , or motive which they had before their eyes ( for , in that same verse & period , it is said the Edomites also revolted from him , because he had forsaken the Lord God of his Fathers , and the Edomites loved not the true Religion ) but the meritorious cause on Jehorams part is poynted at . ] Answ . The text it self and Commentators , to vvhom vve may add Iackson on 2 King 8. & the Dutch Annot . Ibid. give this as the impulsive cause , and only motive vvhich they had before their eyes . 2. Any who read the text vvill see his reason very unsound ; for v. 8. it is said , that in his dayes the Edomites revolted from under the dominion of Iudah , and made themselves a King ; and no word of this , as the impulsive cause there of ; & v. 10. mention again is made of their revolt upon occasion of Iehorams seeking by force , to reduce them under his dominion ; and then in a new period , mention is made of Libnah's revolt , with the cause and only motive thereof ; Because he had forsaken the Lord God of his Fathers . Then he asks if his adversary [ thinks that the laying aside of the presbyterian frame , is the forsaken of the Lord God of our Fathers , and a sufficient cause for any one Towne in the Kingdom , to revolt from the King , ( though he do not persecute them , nor force them to his way , as there is no evidence that Libnah was so used ) shall a Kings swerving in that one point , or if there be greater infidelity , be sufficient ground of defection from him ? ] Ans . I nothing doubt , but all such as have imbraced this present course of apostasie are guilty of a grievous revolt , having impudently and avowedly departed form a sworne Covenant , from a covenanted & sworne Religion , reformed in Doctrine , Worshipe , Discipline , & Government ; and have in a great part forsaken the God of our Fathers , that covenanted God whom our Fathers , and we both owned , and imbraced as our God ; and is sufficient cause for any City , or Company of men , so far to revolt from the King , as to refuse to concurre with him , in this horrible defection and course of perjury , and resist his unjust violence pressing and compelling them to a sinful compliance . 2. As it is more then probable , that Libnah was no better used , then were the people of Iudah , by this Tyrannous King , and is asserted by the Dutch Annot. on 2 Chron. 21 : 10. So whatever this lyer suggesteth , it is notour that the King hath persecuted and doth persecute and force honest people , to follow his way , and apostatize with him , contrare to their consciences and sworne allegiance unto God , and if he add this clause as an exception , then ( seing the truth of the thing is notour ) he fully accords , that there is sufficient cause given , for any Town in the Kingdome to revolt , which is more then we desire . At length he tells us . That their revolt was sinfull . But when not only thi● revolt is recorded as done , but such and impulsive cause and motive is added by the Spirit of the Lord , without the least hint of any expression condemning the same , we dar not be so bold , as is this Surveyer ; Nor are we so foolish as to receive his word , contraire to the testimony of so many expositors . Hence we have a strong argument : For ▪ if it be lawful for a part of the people , to revolt from a tyrannous Prince , making defection from the true and received Religion , and forceing his subjects to a sinful defection and complyance with him in his apostasy : It must also be lawful for a part of the people to defend themselves by force against the Emissaries of a King departing from his faith and foresaking the Religion , which He hath sworne to owne and maintaine , sent forth by him , or any under him , to force , by cruel oppression and violence , them to a compliance with his sinful way . And the antecedent is cleare in this place . 3. They must much more condemne Azariah , and the fourescore Priests who being commended as me of courage & valour , resisted Vziah the King , 2 Chron. 26 : 17. &c. they expelled him with force , stood against him ; the lxx . say they resisted him ; deturbarunt eum ex eo loco , sayeth Vatablus : they forced him forth , and compelled him to goe out ; they caused him make haste , sayeth Ar. Mont. festinate expulerunt eum , sayeth Hieron . When he went in the temple to burne incense , upon the altaar of incense , on some solemne day ( as Iosephus thinketh . ) So that there is more then a resistance of him by words , as some Royalists say ; even resistence by force and violence . Hence we argue ; if private subjects may by force resist , withstand , and with violence hinder the King from transgressing the Law of God ; Then may they much more lawfully resist him , and his bloody Emissaryes , when He seeketh to oppresse unjustly and to draw people off from the wayes of the Lord. If any say with doct Ferne , that because of an expresse Law of God , being a leper , he was put out of the congregation : Then we see , that the Prince is subject to Church-censure , and so Subjects may judge him and punish him ; we see also that Princes were subject to ceremonial lawes , as well as any of the subjects ; and why not also to the moral Lawes ; and if because of a ceremonial Law , the King was to be ceremonially punished , why also , for the breach of moral Law , may he not be punished morally ? Hence will it undoubtedly follow , That a Prince rageing and tyrannizeing contrare to all equity and reason , may be resisted and his violence repelled with violence , even by private subjects . Worthy Mr Knox , in his debate with Lithengtoun , doth form this instance gather ; That subjects not only may , but also ought to withstand and resist their Princes whensoever they do any thing that expresly repugnes to God , his Law , or holy Ordinance . Lithingtoun objected That [ they were not private subjects , but the priests of the Lord and figures of Christ , and such have we none this day , to withstand Kings if they do any thing wrong . ] He answered that though the High Priest was a figure of Christ , yet he was a subject . [ For ( said he ) I am assured that he , in his Priesthood , had no prerogative above these that passed before him ; now so it is , that Aaron was subject to Moses , and called him Lord : Samuel being both prophet , and Priest , subjected himself unto Saul , after he was inaugurated of the people ; Sadoc bowed before David , &c. And whereas you say , we have no such Priests this day , I might answere , that neither have we such Kings this day , as then were anoynted by Gods commandement , and sate upon the seate of David , and were no lesse the figures of Christ Iesus , in their just administration , then were the Priests , in their appointed office ; and such Kings ( I am assured ) we have not now , no more then we have such Priests , for Christ Iesus being anoynted in our nature , of God his Father , both King Priest , and Prophet , hath put an end to all external unction : and yet I think you will not say , that God hath now diminished his graces from these whom he appoynts Ambassadours betwixt him and his people , then he doth , from Kings and Princes , and therefore , why the Servants of Iesus Christ may not also justly withstand Kings and Princes who this day no lesse offend Gods Majesty , then Uzziah did , I see not ; unlesse that ye will say , That we in the bringhtnesse of the Evangel , are not so straitly bound to regaird Gods glory , nor his commandements , as were the Fathers who lived under the dark shaddowes of the Law. ] And when Lithingtoun sayd , That they only spoke unto him without further violence intended . He answered , [ That they with stood him , the text assures me , but that they did nothing , but speak , I cannot understand , for the plame text afformes the contrary , viz. That they caused him hastily to depart from the sanctuary , yea and that he was compelled to depart ; which manner of speaking ( I am assurred ) in the Hebrew tongue importeth more then exhorting , or commanding by word . ] And when Lethingtoun lastly objected that they did that after he was espyed to be leprous . He answered , [ They withstood him before , but yet their last fact confirmes my proposition , so evidently , that such as will oppose themselves unto it , must needs oppose themselves unto God ; for my assertion is , That Kings have no privilege , more then hath the people , to offend Gods Majesty , and if so they do , they are no more exempted from the punishment of the law , then is any other subject ; yea , and that subjects may not only lawfully oppose themselves to their Kings , whensoever they do any thing that expresly oppugnes God's Commandement , But also that they may execute judgment upon them , according to God's Law ; so that if the King be a murtherer , an adulterer , or an Idolater , he should suffer , according to God's Law , not as a King , but as an offender : and that the People may put God's Law in execution , this History clearly proveth ; for so soon as the leprosy appeared in his forehead , He was not only compelled , to depart out of the Sanctuary ; but also he was removed from all publick society , and administration of the Kingdome , and was compelled to dwell in a house apart , even as the law commanded , and gote no greater privilege in that case , then any other of the people should have gote : And this was executed by the People — & therefore yet againe I say that People ought to execute God's Law , even against their Princes , when their open crimes by God's Law deserves punishment , but especially when they are such as may insect the rest of the multitude . ] Thus that worthy Servant of God , and hence any may see , how this passage doth more then confirme what we are now about to prove . 4. They must much more condemne such as arose against Amaziah when he turned away from following the Lord , & pursued him to Lachish and flew him there , 2 Chron. 25 : 21. Concerning which I shall only set downe what famous and worthy Mr Knox said in that forementioned debate , which he had with Lithington , [ The whole people ( sayes he ) conspired against Amaziah , King of Iudah , after that he had turned away from the Lord , and followed him to Lachish , and slew him , and took UzZiah and anoynted him King instead of his father . The people had not altogether forgotten the League and Covenant , which was made betwixt their Kings and them , at the inauguration of Ioas his Father , to wit , that the King and the People should , be the People of the Lord , and then should they be his Faithful subjects , from which Covenant , when first the Father and aftervvard the Son had declined , they vvere both punished vvith death , Ioas by his ovvne Servants , and Amaziah by the vvhole People , vvhen Lithingtoun ( said ) he doubted whether they did well or not . He ansvv . [ It shall be free for you to doubt as you please , but where I finde execution according to God's law , and God himself not to accuse the doers , I dar not doubt of the equity of their cause . And further it appeareth to me ; that God gave sufficient approbation , and allowance of their fact , for he blessed them with victory , peace and prosperity , the space of fifty two years after ] and when Lithingt : replyed That prosperity doth not alwayes prove that God approveth the facts of Men. He answered ( Yes , when the facts of Men agree with the law of God , and are rewarded according to his owne promise expressed in his law , I say that the prosperity succeding the fact , is a most infallible assurance , that God hath approved that fact : Now so it is , that God hath pronounced in his law , That when the people shall exterminate and destroy such as decline from him , that he will blesse them , and multiply them , as he hath promised unto their fathers . But so it is , that Amasia turned from God , for so the text doth witnesse , and plaine it is , that the People slew their King , and like plaine it is , that God blessed them . Therefore yet againe I conclude that God himself approved their fact : and so far as it was done according to his commandement , it was blessed according to his promise . ) And when Lithingtoun replyed againe That he thought not the ground so sure as he durst build his conscience thereupon . He answered [ I pray God that your conscience have no worse ground then this is , when soever you shall beginne the like work , which God in your owne eyes hath already blessed . ] And if so ( as is very probable ) and learned Althus . pol. C. 38. n 106. is of the same judgment with Mr Knox , we need not trouble the reader with forming an argument thence to our purpose , the same being so obvious and cleare , that he who runneth may read it . CAP. IV. Our Argument from other approved instances , and authorities , both abroad , and at home . THis practice , hovvever it be novv condemned by a generation of perfidious Prelates , and Malignants , enemies to the glorious vvork of Reformation , from the beginning , & a company of base Sycophants and Court flatterers , as an unparallelable act of rebellion and sedition ; yet , as it as abundantly confirmed by precedents in scripture , as vve have seen , so is it by the practice of others ; vvhom none , but men of the same stampe , vvil condemne ; and by authorities of Divines abroad and at home , as vve shall novv shevv . And , 1. The history of the Maccabees , mentioned in that story , is a cleare example of private persons resisting and defending themselves frm the iniquous assaults of the Soveraigne , or his Emissaries ; for when Antiochus Epiphanes was compelling them to forsake God , and tyrannizing over them , Matthias a priest , and his sones made open resistence ; and afterward Mattathias & those with him , hearing how Matthias , out of an overnice superstition , would not fight in their owne defence , on the Sabbath day , resolving upon all occasions to defend themselves , their Lives , and Lawes , and to take all advantages of the Enemy , did accordingly assault them , and recovered their Cityes Lawes and Libertyes , fighting many battels with good successe . And Osiander Enchirid. controv . c. 9. de mag . pol. testifieth that this was done by the encouragement and assistance of the Spirit of God. And if any should reject this instance as impertinent , because they suppose Antiochus was not their lawful Supream Magistrate , but only a Tyrant without title , let them heare what Grotius de jure belli & pacis lib. 1. c. 4. n. 7. sayeth to this ? Like unto this appeareth that deed of the Maccabees ; for whereas some think to defend these armes , upon this gronnd , that Antiochus was not King but an invader , it seemeth foolish to me , seing in all the history of the Maccabees , and of such as took their part , they never name Antiochus any thing else , but their King , and that not without ground ; for long before this , the Iewes had acknowledged the authority of the Macedonians , unto whose power and place Antiochus did succeed . & as to that that the law forbiddeth that any stranger should be set over them , that is to be understood of a voluntary election and not of what the people might through necessity be forced to do . And , whereas others say that the Maccabees used only the right of the people cui 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 deberetur . Neither is that solide , for the jewes being at first overcome by Nebuchadnezar , and subjected to him , by the law of warre , by the same law they did obey the Medes and Persians , who succeeded unto the Caldeans , and all this Impire came at length into the hands of the Macedonians : hence it is , that Tacitus reckoneth the jewes amongst basest of such as served these Assyrians , Medes and Persians : Nor did they require any thing by stipulation from Alexander and his successours , but without any condition gave themselves up unto their power , as formerly they had been under the command of Darius . And if at any time the jewes were permitted to use their owne rites , and lawes , that was but a begged right , which they had through the indulgence of the Kings , but not through any imperial law . So that there is nothing that can defend the Maccabees but most imminent and certane danger ] thus he . 2. The constant practice of the Waldensian protestants in Piedmont , doth shew that this late practice is not so strange & uncouth , as adversaryes would give it out to be ; for , they never had a Representative to be a screen betwixt them , and the tyranny of their princes , and yet how oftintimes have they valiently with stood such , as came to oppresse them , in goods and lives , though cloathed with commission from the princes ? In the yeer 1580. being persecuted by the Lord of Trinity , and their popish Soveraignes , they assembled solemnely together , to consult how to prevent the imminent dangers , and after prayer and calling upon God for his grace , and spirit of counsel and direction , they resolved to enter into a solemne mutual Covenant , and to joyn in a League together , for defence of Themselves and their Religion and so accordingly did assist one another , in their defence , which they did with good successe ; And that alwayes since whenever they were assaulted by the bloody Emissaries of the Duk of Savoy , as any may see fully in their history . So that whosoever will condemne the late defence , must also condemne these poor oppressed protestants , who have no other meane to keen them from utter extirpation , but this innocent meane of felf defence , and of repelling unjust violence with violence ; for Bonds , Promises & Covenants binde their Prince , as such obligations use to binde some others viz. no longer then they see it for their advantage . Neither have they any Representative , Prince , or Noble man , among them , to head their matters ; but meer necessity puts them to use the best expendient they can , and forcibly to resist their oppressing Superiours , when they send to spoile them of their goods , lives and libertyes . 3. Some particular cityes in Germany did defend themselves against the Emperour unjustly invadeing their libertyes , and assaulting them , as may be seen in the history of Germany , particularly the Cities of Madenburgh and Breme . 4 , So in France , the Cities of Montobane and Rochel and the Isle of Ree with stood the King , when he was seeking to oppresse them . And no man will condemne these for acts of rebellion and sedition , unlesse they will also condemne our Kings , who , at least undertook , and offered to help and assist them . 5. It was this opposition and resistence of privat persons when tyrannized over , by Superiours , that hath brought the Cantons of Helvetia unto that state of freedome and liberty , which they have enjoyed for many yeers , and do enjoy this day ; being now a free Republick , as Simlerus showeth in his history of that Republick . 6. But that we may come home , we finde some remarkeable instances of this nature , which no man in reason , who shall condemne this late defence , shall be able to defend : and to beginne with what may be most recent in our memories . In the year 1648. There are two signal Instances . The one was that violent resistence used against the Parliaments forces at Mauchlin moor . Here was not only a resistence , in defence of the truth and cause of God , then sought to be borne downe and oppressed , by a prevalent Malignant faction in Parliament , without the concurrence of conduct of the Representatives of the land , but directly against them : Here was a defence used by way of resistence , by meer privat persons without the company or concurrence of one Noble man ; And yet a resistence that never was condemned by any , to this day , expect ingrained Malignants ; but was approved and commended highly , by the Parliament anno 1649. the best Parliaments Scotland did see for many yeers . Againe thereafter in that same yeer 1648 , The forces of the west Countrey arose in defence of the Cause and Covenant of God ; and that not only without the conduct of a Parliament , but against their resolutions . It is true , there were some Nobles & Parliament-men among them , and countenancers of them ; but these acted not , nor could act , by vertue of any Parliamentary power ; but only as privat subjects , having , by reason of their greater interest in the land , a greater obligation to lay out themselves , and to improve their authority and influence in the countrey , for the good thereof , and for the cause of God. They had it is true , by their places and stations , greater influence upon the Countrey , and a greater backing , and so being leading men , were in a greater capacity to defend the oppressed truth ; but all this gave them no publick Magistratical power , nor put them in the capacity of a real and formal Representative : and yet all this was afterward approved , ratified and confirmed by Parliament , as good and necessary service to the countrey , and to the cause of God , A third notable instance is that Anno 1639. There was then no publicke civil judicatory carrying on that defence , but Nobles and others , each in their capacity , and according to their power , concurred , for the promoveing of that necessary work of defence . They did not acte under the notion of any such judicature , nor did they assume to themselves any such power and authority . It is true , there were then a great number of Noble Patriots , and renowned Nobles , who laid the work of reformation to heart , and laid out themselves to the utmost of their power for the same , and because of their concurrence , the vvork vvas the more feazible and easy to be carryed on ; but I think the stresse of the lawfulnesse of that defensive warre , did not lye wholly upon their shoulders ; so that if they had with drawne , all the rest of the body of the land , had been bound in conscience , to have deserted the same also . It is true , it was of great advantage unto the cause , that God stirred up the spirit of the Nobles to owne the same ( and is so alwayes ) upon many accounts , and their concurrence had its owne auxiliary force , to justify the interprise , for abundans cautela non nocet : But I remember not that the lavvfulnesse of that defensive war , was stated only or mainely on that particular . It is true , They are Primores Regni be vertue of their particular places and stations , and be vertue of their eminency over others , and power by reason of their eminency ; and so are engaged beyond others , to see to the good of the Land , and of Religion , for the good of the souls of such as are under them , and on whom they have or may have influence ; And , be reason of this , may authoritatively even as such , do many things , when there is no other constitution of a Supreme Representative : But when a constitution of a Supreme Publick Representative is condescended upon and setled , it is certane , they cannot separatly , yea nor joyntly act in the power and capacity of a formal Supreme Representative , but when they are , with others , constituent members of that Representative ; and out of that Representative ( unlesse by power and commission from it ) they cannot act judicially , or authoritatively , nor in any other capacity formally , then as private persones , though as persons of greater interest , and share in the Commonwealth , and so under greater obligations , both by the Lavv of God and of nature , to bestirre themselves more effectually for the good of the same ; and as persons of greater influence and conduct ; yet still under the notion of private persons , private persons I meane , as opposite to persons cloathed vvith publick authority and Parliamentary povver . I grant they are borne-Heads and Magistrats of the Countrey , as being in eminency above others , and as being by birth , conforme to our constitution , borne-Members of Parliament , and so in potentiâ proximâ , and in a nearer capacity then others are , to vote and acte in Parliament : but still I say , considered out of Parliament , or vvhen there is no Parliament , they cannot exerce any Parliamentary povver , conclude or determine any thing of that nature , more then others : It is a truth also , that they have , by reason of our law and constitution , a Magistratical power , limited to such and such causes over such and such particular places ; but that is only and inferiour , and subordinat civil power , and cannot extend beyond that limited bounds , more then the power of Magistrates in Broughs , or Sheriffs in Shires , or Baylies in Baylieryes , or the like , and is no part of that Magistratical power which is commonly called the power of warre . I grant , that they and all other inferiour Magistrates , are to seek to promove the good of the vvhole land , and to concurre , according to their povver , for the same , even because of their interest and share of that subordinat povver : But they cannot act under that notion , nor do any thing be vertue of that particular povver , nor exerce any acts thereof , out of the bounds of their several jurisdictions ; But all they do , is by vertue of that fundamental power belonging to all the members of the Commonvvealth , according to their several places and relations . Hence therefore it it cleare , that our vvorthyes then acted not , as a publick judicatory , or as publick persons cloathed with publick authority . So that vvhosoever shall condemne this late act of defence , upon the account , that it vvas managed by meer private presons , must also , in reason , condemne that which these worthies did ; and so conspire with the Malitious Malignants , ingrained in wickednesse , and enmity to the way and work of God. A fourth and last instance , is that of our first reformers in the dayes of Mr. Knox : for , at the beginning of the reformation , there were but very few Nobles , who concured , as Mr. Knox testifyed in his sermon Nov. 7. 1559. in these words [ when we were a few in number , in comparison of our Enemies , when we had neither Earle nor Lord ( a few excepted ) to comfort us , we called upon God , and took him for our protector , defence and only refuge . ] And , in the following words , he sheweth that it fared rather better with them , then worse , when they wanted the concurrence of Nobles : For , sayeth he , [ amongst us was heard no bragging of Multitude , nor of our strength and policy , we did only sob to God , to have respect to the equity of our cause , and to the cruel pursute of the tyrannical enemy ; but since that our number hath been thus multiplyed , and chiefly since the Duke with his friends hath been joyned with us , there was nothing heard , but this Lord will bring these many hundered spears , This man can perswade this countrey , if this Earle be ours , no man in such bounds will trouble us : And thus the best of us all , that before felt God's potent hand to our defence , hath of late dayes put flesh to be our arme ] And as Mr. Knox said , so it was , much of their businesse was carryed on without the concurrence of many Nobles . We hear of no nobles with the gentlemen of the west , when they came from the border to the Queen , and when Iames Chalmers of Gaitgirth said to her ( when they had heard . that she had caused summon the protestant preachers ) ( Madam , we know that this is the Malice of the jewells , and of that bastard ( meaning the Bishop of S. Andrews ) that standeth by yow , but we shall make a day of it . They oppresse ●s , and our tennants , for feeding of their idle bellyes , they trouble our preachers , and would murther them and us , Shall we suffer this any longer ; No Madam , it shall not be . Nor was there any of the Nobles present , when that abhomination of carrying an idol on S. Giles day , was opposed . There were buy foure Nobles that subscribed the first bond at Edinburgh Decemb 3. 1557 , Where the whole congregation resolved , by the grace of God , to apply themselves , their whole power , substance , and lives , to maintaine , set forward , and establish the most blessed word of God , and his congregation &c. So foure of five only subscribed the second bond at Perth may last 1559. We finde not many Nobles with them , when they petitioned the parliament . And there protested [ that they would worshipe God , according to the right manner : That none of them therefore should incurre any danger . That if upon this account any tumult should arise no crime might be imputed unto them , but unto such as refused their just Demands . ] And when they wrote that letter May 22. 1559. Wherein they said [ That except the cruelty were stayed , they would be compelled to take the sword of just defence against all that should pursue them , for the matter of Religion , and that the cruel , unjust , and most tyrannical murther intended against Towns and Multitudes was and is the only cause of their r●v●le from their accustomed obedience . ] And when they wrote that other unto the Nobility , where in they said [ By your fainting and extracting of your support , the Enemies are encouraged , thinking that they shall finde no resistence : in which poynt , God willing , they shall be deceived , for if they were Ten thousand , and we but One thousand , they shall not Murther the least of our brethren . ] From all which , and from the whole story of these times , it is undenyably apparent , that they acted for the defence of the truth , and of their oppressed brethren , and for the carrying on of the work of reformation , for some considerable time , without the concurrence and conduct of a Parliamentary Representative . From all which Instances of our predecessours , I would have these thing observed . 1. It is remarkeable That when God was to beginne any word of reformation in our Land , whether from Popery or Prelacy , the powers then in being , were standing in a stated opposition thereunto . This is notoure both in the dayes of Mr Knox , & in the yeer 1639. King , or Queen , and Counciles were stated against it , and opposeing the same , what they could . 2. The only wise God , who is wonderful in counsel , and excellent in working , thought fit , not to beginne with the Spirits of the Powers in being , to cause them first appeare for the work ; but thought it more to his honour and glory , to make use of foolish things to confound the wise ; and of weak things , to confound the things that are mighty ; and base things , and things which are despised , and things which are not , to bring to nought things which are . It seemed good in his eyes , who doth all things after the counsel of his owne will , to imploy the least of the flock in that businesse according to that word Ier. 49. 20. and 50. 45. and to raise up meane , and contemptible instruments , that the work might more conspicuously appeare to be his , and the glory thereof redound to himself alone . 3. As they would have been glade , ( had it so seemed good in the Lords eyes ) if the standing Representatives , would have not only concurred and countenanced that work , but would have , according to their places , led on the vaune , and shewed themselves powers appoynted for God and his glory , by exerceing the power which God had put into their hands , for God and his interest ; So the want of their encouragement and conduct , did not , in the least , brangle their confidence of the lawfulnesse of their interprize , of so discourage them , as to give over their work , as desperate and hoplesse . 4. Nor did they ever assume to themselves any authoritative and Magistratical power , to legitimate their actions ; as if they had thought , that without that formality , their resolutions and motions had been condemned as unlawful in the Court of God , and Nature : but walked upon the ground of that fundamental right , granted to all both higher and lower , to maintaine the Truth of God , upon all hazards , and to stand to the defence thereof , and of themselves , when unjustly persecuted , because of their adherence thereunto , according to their power , and as God in his providence called them thereunto . 5. Nor did their adversaries objecting , that their actions were treasonable and seditious , as being contrare to authority and established lawes , scar them from their purposes , in the least , having the testimony of a good conscience with in them , that they had not the least purpose or project , to cast off lawful authority , or to diminish it's just right and power ; and knowing that the Powers out of whatever principle , and upon whatsoever motives , relinquishing their duty , and opposeing that truth and way , which by their places and callings , they were obliged , before God , to maintaine , preserve , and promove , did not loose their obligation , and exeem them form that duty , which God and nature had laid upon them ; but rather did presse them to prosecute their businesse more vigurously , as seeing the necessity much more urgent , and the difficulty so much the greater : And knowing that whatever lawes are made , in a Christian Common wealth , should be for the glory of God , and the good of the souls of the subjects mainly , and for their external welbeing only in subordination unto these great Ends ; and when the observation of the strick letter of the law , did crosse the maine good , which principally de jure they aimed at , they were eo ipso , in so far , null and voyd before God ; because it alwayes holdeth good . that it is better to obey God , then Man , and mens commands or lawes , unto which obedience cannot be yeelded , without contempt of , and treason committed against the Highest of all , who is King of Kings , are as no commands before God , and disobedience unto these , is no disobedience unto the lawful authority , but faithful allaigance unto the most Supream . 6. These poor weak beginnings , how base and contemptible so ever they appeared , yet God was pleased , when the time to favour Zion was come , so to owne , countenance and prospere , that the same work at length came to be owned , by Publick Representatives , and Parliaments , yea and the Kings themselves were brought to a publick owneing and approving of the same . And who knoweth , but , if God had thought good to blesse this late act with successe , it might have been followed with the like consequent ? But his time was not come . 7. It is also observable , That whatever disaster , or disappoyntment they did meet with , in prosecution of the Reformation , and in the preservation and defence of themselves , in the owneing of the truth of God ; though it put them to mourne for their iniquities before God , and to acknowledge , among other sinnes , their too much relying upon the arme of flesh , and not resting with a pure faith on his power and protection ; yet it never made them question their call , or suspect the lawfulnesse of their work and businesse , as to its substance , and end : for they knew well , that the work was the Lord's and that their call was divine , though for his owne holy ends , that they might be more humbled , and taught do depend with a single heart , on his word and promise , and to purge out such evills as provoked the eyes of God's jealousy ; he suffered them to fall . 8. When the work came at length to be owned by Parliaments and Higher Powers , what was formerly done by persons not in that capacity , was not condemned either as unlawful or illegal , nor did the valient actors stand in need of any indempnity , as if they had been transgressours ; but all was either virtually or expresly approved : and the worthy actors praised and highly commended , as indeed they did deserve . 9. None ever condemned these actions as treasonable and rebellious , but such as were knowne to be real and heart-enemies to the work it felf ; no tongues were ever loosed against them , except the imbittered tongues of sworne adversaries , ingrained Malignants , Enemies to God and godlinesse , & haters of the power of it . These and none but these who are of their father the devil , durst condemne the same . And many hollow hearted professours ( among whom this Surveyer deserveth to be rekoned ) were forced against their hearts , to approve of the same & joyne in with the favourers & maintainers of that noble cause , so forceable was the light , and the power of that Sprit that acted the worthies in these dayes , who now have turned open Apostates from that truth and cause , & have adjoyned themselves unto that ever accursed , Popish , Prelatical , and Malignant faction . Yea remarkeable it is that God did so overpower the pen of that Arch-Enemy Spotswood , that though he would have said all which Hell it self could have prompted him unto ; yet durst say no more of these first courses and practices , but that they were Violent and disorderly . And this Rabshaketh the Surveyer , who , in the end of his book ( having reserved the dregs of what he had to exscreate against the work of God and his worthyes , until then Pag. 118. &c. would out-stripe his predecessours , and spevv out his venome , like another adder of the same spavvne ; yet the overruleing providence of God , hath so curbed him , that he gote not liberty to run the full length he vvould , and therefore he sayes [ We cannot justify all courses that were used then for carrying on the work of reformation ] and againe [ if some instruments thereof were guilty of sedition , or sacrilege , or self seeking ] and againe [ if sinful courses were then used by men ] and againe Pag. 119. [ Let us not stand superstitiously upon the justifying of all their deeds ] Who sees not this wicked mans Mouth bridled , by the restraineing power of God , so that he cannot , he dar not , plainely and expresly call these courses seditious or rebellious ; but cometh on with his Ifs and if some instruments , and all their courses cannot be justified : as if , in the most laudable work , to which men might have a most cleare call , some accidental or circumstantial actions , might not abide the test : and as if among a company , some might not have by-ends , while a good work was laudably and lawfully , as to the maine , carryed on . Ay , but this good man , you will say , is mighly in love with the work of reformation , and blesseth God for it Pag. 118. 119. True , we finde him say so in words , but God knoweth his heart : But is it not strange , that fince , he sayeth , he approveth the work , he will be more blinde then was that poor man in the gospel whom he mentioneth , who had his eyes opened Ioh. 9. for that blinde man , did see a divine power in the work wrought and said v. 33. If this man were not of God he could do nothing , and will not only , not see the mighty hand of God in the instruments , but tells us , he is not much concerned to enquire . But what needeth him much doubt of a divine call , considering the work it self , it 's end & the direct tendency of the meanes unto this end , & the real & christian intentions of the instruments , which he will not see in the instances he bringeth viz. of the wicked hands crucifying Christ , of prophane and unfaithful Ministers preaching , of a leprous hand soweing seed , of acts of fornication and adultery ? Why then doth he adduce such Instances so impertinent ? Wil he proclame himself a fool of the first magnitude in so doing ? Ay , but he would have us following the practices of the primitive christians , who never used any undutyful resistence to , or violence upon the Magistrats , rather then the precedents in these dregs of time . But why will he not follow their practices himself ? Was it their practice to abjure a lawful Covenant sworne for the maintainance of the Truth ? Was it their practice to renunce their former profession , and turne Apostates from the truth , which once they avowed ? Was it their practice to turne their back on Christ and his interest , for the will of creatures , and for a mease of pottage ? Was it their practice to change their Religion with the court ? Concerning the practice of the primitive christians , in this poynt , and how imitable we shall speak afterward . If these were the dregs of time , wherein there was so much faithfulnesse , Zeal , constancy , piety , singlenesse of heart , contempt of the world , what dregs of dregs of time are we novv fallen in , vvherein there is so much infidelity , atheisme , perjury , falshood , lukwarmnesse , inconstancy , imbraceing of this present vvorld , and all sort of wickednesse and prophanity ? [ But ( sayes he , Pag. 119. ) let it be so that much of the way of these , who were at first instrumentall in the reformation in this Land , were justifiable upon the account of purging the Church , from the horrid grossnesse of idolatry , corruption of doctrine , tyranny and usurpation over poor soulls wherewith the man of sin , had for many ages defiled and burdened the poor Church ; and upon the account of the open hostility to the truth , wherein Magistrats then stood , together with the inbringing of forraigne furious forces upon us , even to the heart of our Land ; How unlike was the case then , to what it is now ? and how unable is the case now to beare the burthen of a conclusion for such practices as then were used ? ] Answ . But truely wise judicious Men will not see the case then , so far different from what it is now , as that the case now shall not be so able to beare the burthen of a conclusion for the same practices ; Seing there is , this day , as much horrid grossnesse of idolatry in the Land , as hath been at any time , these hundereth yeers : And , as for corruption of doctrine , alas ! Who doth not heare it , and see it , that heareth these locust-curates preach downe all piety and godlinesse , and harden people in defection and apostasy from God ? It is as great a corruption in doctrine , as needs to be , to pervert therein the right wayes of the Lord , & to lead people into the broad way which leadeth unto destruction : againe , what greater tyranny and usurpation over poor souls would he have , then is now exercised , since the perjured Prelates the kindely brood of the Man of sinne , have defiled and burthened our poor Church . The Apology and Naphtaly have abundantly manifested and dayly experience confirmeth it , That the tyranny and usurpation is insupportable , and as grievous , as it was them . Moreover , is not the open hostility to the truth as manifest in the Magistrats , this day , & as legible by such as run , on all their acts and actings , as it was then ? who seeth not this , but he who can not see the wood for trees ? And as for the inbringing of forraigne furious forces , into the heart of our Land , It were needlesse , seing we had raised up in our owne bosome , as cruel , bloody mercylesse , furious and mad forces , as any forraigners could be , or these were : wherein lyeth the difference then ? O ( sayeth he ) [ We can avow it , in the presence of God , that we contend for that same Faith and Religion , that our predecessours stood for , against the Powers of that time : and will maintaine the same , against all Novators , who upon account of a piece of Church order ( allowed by our Reformers ) now re-established , instigate any private persons , who have power enough , to destroy all Magistracy and order in the Land , because of the owning thereof . ] It is not much matter what such men , say , they can avow in the presence of God , who have openly and avowedly broken their vowes , and renunced that Covenant , which they swore oftiner then once , with hands lifted up to the Most High God. No wise Man will think that such will stoutely contend for the Faith and Religion , who have renunced all faith and Religon , and abjured these Covenants , which were strong bulwarks , to guaird and defend that Faith and Religion . Ay , but he will maintaine it against Novators , as he calleth them . That is indeed a new way of maintaining truth , to maintain it against such as stand for the defence thereof , and all the bulwarks thereof against him and his fraternity , who are dismantling the walls , undermining them opening the gates to adversaries & intertaining them kindly in their bosome . He speaks an untruth , when he sayes , that the Reformers owned such a Church order ( rather Church-bane , and Church-confusion ) as these worthyes are now contending against , and is now re-established . So vvhen he sayes , that these Novators , and that Naphtaly do instigate any private persones , vvho have povver enough , to destroy all Magistracy and order in the Land , and to occupy their Roomes . We hope there shall be a Magistracy and good order , in the Land , vvhen that abjured Hierarchy , the bane of that Church and State , shall be utterly abolished , vvith all it is adherents , I must not let that passe vvhich he hath Pag. 119. [ Some ( sayes he ) have said , Religion would never have been reformed , if violence had not been used upon Magistrates : But why should men take on them to limite God ? Hath he not shewed his power in several parts of the world in working on the hearts of the Supreame Magistrates , and causing them to goe befor others in reformation of abuses ? ) Answ . We know no violence● was used then upon Magistrats , only with violence the godly withstood the unjust violence of Magistrates , so as they gote not their furious purposes executed : we shall be far from limiting the Holy Oe of Israel , & therefore dar not say , but he hath moe wayes then one , of bringing about his holy purposes : And , as at the first spreading of the Gospel , it was not his way , to work on the hearts of the Supreame Magistrates , and cause them to goe before others , in the reformation ; so a way may be his way , which is different from that way , whereunto he would limite the Lord. We do not deny but God may , vvhen he thinks good , stir up Magistrates to goe before others in that vvork ; but it hath not been his way of recovering us from Popery , and we have not found the Supream Magistrates ever since so cordial , as vve could have vvished , for the vvork of Reformation ; And yet God hath carryed on his ovvne vvork , vvhether they vvould or not : And he who wrought then is the same God yet , as mighty and povverfull as ever . I vvish he vvould take the follovving vvords to himself , and his party , for they quadrate vvell , [ Men are too apt , to be bold in anteverting Gods vvay , and to follovv their ovvne carnal prudence and affections , in that vvhich they are set upon , and thereupon ( vvhen they prosper ) to fancy a divine approbation of their vvay : So self-loving are men Ordinarly . From these particulars mentioned , and from vvhat vve have replyed unto this Surveyer , It is put beyond contradiction , That vvhosoever shall condemne this late act of defence , in maintainance of Religion and Libertyes , must of necessity also condemne vvhat vvas done Anno 1648. and Anno 1638 , 1639. Yea and what was done at the beginning of the Reformation in the dayes of Mr Knox , and strick in with all the rabble of the sworne Enemies of our Church and Reformation , and speak the language of the Ashdodites , ingrained Malignants , our inveterate adversaries ; and speak downe right , vvhat this bitter apostate , the Surveyer , dar not in plaine tearmes expresse ; And so condemne all those vvorthies vvho valiently ventured , and hazarded all for the truth , as Traitours and Rebels ; and say , that such of them as lost their lives in that cause , died as fooles die , in rebellion , and under the crime of treason ; and that all the blood of those vvho valiently died in the bed of honour , in the maintenance of their Religion and Christian Privileges , or vvho jeoparded their lives in the high places of the fields , in defence and prosecution of that cause , is to be required at the hands of Mr Knox , and other noble reformers , vvho actively bestirred themselves in this matter , then , and of late : Yea they shall condemne all the Prayers , Teares , Sighs , Groanes , Fastings , Supplictions , and other such like meanes , as vvere used in these exigences : Which guilt , vvise Men vvill vvell advise , ere they take unto themselves . The next thing is to adduce some authorities Pareus on the Rom. Cap. 13. dub . 4. Hath this fourth proposition [ It is lavvful for private subjects , if the Tyrant set upon them as a robber , or ravisher , and they can neither obtaine help of the ordinary povvers , nor shun the danger , in that present exigent , to defend themselves and theirs , against the Tyrant , as against a privat Robber . 1. Because , against whomsoever a defence is lavvfull by the help of Magistrates , against the same , privat defence , in case of necessity , is also lavvful , vvhen the defence by Magistrates cannot be had : because in such cases , Kings themselves do arme private persons . But in the case of necessity , defence by the inferiour Magistrate against the Superiour , is lawful . Therefore also private defence is lawful 2 , Because if we take away both publik and private defence , against the cruel rage of Tyrants , the boundlesse licentiousnesse of Tyrants should be strengthenned , & hereby the civill society should be openly destroyed , yea and chiefly the Church ; bacause the most wicked part should destroy the better . But without doubt , the Law of God doth not so establish the licentiousnesse of Tyrants , as that thereby , humane society , should be destroyed . Therefore , God doth not forbid , in all cases , resistence to Tyrants oppressing people in their lives , and saifty , to satisfy their lusts . ] Thus He. But it may , be , Out Surveyer will reckon him in amongst his Pseudomartyres , because his book was confuted by a Hangman and a fiery fagot , at the command of King Iames : Yet , both the book , and the Author are in great esteem with the reformed , and his praise is in all the Churches , and whatever come of the book his reasons stand firme and valide . In the History of our Reformation , Pag. 397 , 398. ( edit . in 4 to Edinb . ) we finde that Iohn Knox had the Apology of Magdeburgh subscribed by the Ministers there , declareing the defence of the towne against the Emperour , to be most just and lawful , and offered it to Secretary Lithingtoun , who then was disputeing against him , to read . And having now made Mention of Mr. Knox , what was his judgment in this poynt , that history doth abundantly demonstrate . His words to the Queen are remarkable ( see history of Reformation , Pag. 317. ) When she asked him if he thought , That subjects having power might resist their princes : He answered If princes do exceed their bounds , and do against that , wherefore they should be obeyed , there is no doubt , but they may be resisted , even by power ; for there is Neither greater honour ; nor greater obedience to be given to Kings and Princes , then God hath commanded to be given to Father and Mother . But so it is That the father may be stricken with a phrenzie , in the which he would stay his owne children : Now if the children arise , joyne themselves together , apprehend the father , take the sword or other weapon from him , and finally , binde his hands , and keep him in prisone , till that his phrenzie be over-past , think ye Madame ( said he ) that the children do any wrong , or vvill God be offended vvith them that have stayed their father from committing wickednesse ? It is even so with princes that would murther the people of God , that are subject unto them : their blinde zeal is nothing but a very mad phrenzie , and therefore to take the svvord from them , to binde their hands , and to cast them into prisone till that they be brought to a more sober minde , is no disobedience against princes , but just obedience , because it agreeth vvith the vvord of God ) thus he , vvho knevv not vvhat is vvas to feare the face of any breathing , in the defence of his Master's cause and interest : and vvas an eminent divine , a holy Man of God , living in near communion vvith God , and vvas far above the reproaches and calumnies of his adversaryes . And it is considerable , that this vvas a particular vvhich he had frequent occasion to be thinking upon , and no doubt , this holy Man vvould be often reflecting upon the matter , and upon his ovvne judgment ; and consulting God and his vvord there anent , that he might knovv vvhether his grounds vvere such , as he vvould not have cause to be ashamed of , vvhen he vvas to appeare before his judge , being oft called to shevv his judgment concerning that matter : And his constant practice being consonant thereunto : And yet vve never finde that his heart reproached him , for maintaineing any such opinion , vvhile living , or vvhile dying , nor did he ever change his judgement thereof ; yea , not when the maintaineing thereof might have been a sufficient ground of an accusation : and doubtlesse he vvould before hand examine , if he vvould lay dovvne his life upon such a ground , yet constant vvas he in that , cost him vvhat it vvould , or could ; he vvas no changeling , nor had he so drunken in truth . Yea in the end of that conference vvith Lithingtoun he told them that he vvas not only fully resolved inn conscience , but also had heard the judgements of the most godly and learned that he knevv in Europe in that particular , and in all other things that he had affirmed [ I came not ( sayes he ) into this realme , without their resolution , and for my assurance I have the hand-writeing of many ▪ ] Neither was this his judgement alone , but also of Mr Georg Hay vvhom the Earle of Mortoun vvould have had disputing against Mr Knox. But ( sayd he ) I will not oppose my self unto you , as one willing to impugne or confute that head of Doctrine , which not only yee , but many others ; yea and my self have affirmed ; farre be it from me , for so should I be found contrarious to my self . ] And of Mr Craig , Mr Knox's collegue , vvho told vvhat a conclusion he heard defended at Bonnonia , Anno 1554. by Thomas de Finola Rector of the University , and approved by Vincentius de Placentia , as agreeable both to the lavv of God and man viz. [ That all Rulers be they Supreame or inferiour , may & ought to be reformed , or bridled , by them , by whom they are chosen or admitted to their office , so oft as they break that promise made by oath to their subjects ; because that the prince is no lesse bound by oath to the Subjects , then the Subjects to the Princes , & therefore ought it to be keeped & reformed equally according to law , and condition of the oath that is made of either party ] and when some said that Bonnonia was a Republick . He answered [ My judgement is that every Kingdome is , or at least should be a Commonwealth , albeit that Every Commonwealth be not a Kingdome : and therefore I think that in a Kingdome , no lesse diligence ought to be taken , that lawes be not violated , then in a Commonwealth ; because that the tyranny of Princes who continue in a Kingdome is more hurtful to the subjects , then is the misgovernment of those that from yeer to yeer are changed , in free Commonwealths ; but to assure yow and all others , that head was disputed to the utter-most ; and then in the end , was concluded , That they spoke not of such things as were done in diverse Kingdomes and Nations , by Tyranny and negligence of people , but what ought to be done in all Kingdomes and Commonwealths , according to the law of God , and unto the just lawes of Man : and if by the negligence of the People , by the Tyranny of Princes , contrary lawes have been made , yet may that Same people , or their posterity justly crave all things to be reformed according to the original institution of Kings and Commonwealths ; and such as will not do so , deserve to eate the frute of their owne foolisnesse , thus he : see , Hist . of Reform . Pag. 399. 400. ( Edit . in 4. Yea this was the judgement of all the reformed preachers at that time , as we see witnessed by the Congregation , vindicating the doctrine of their preachers , concerning obedience to be given to Magistrats , in these words ( see Hist of reform Pag. 184. ) [ In open audience they declare the authority of Princes and Magistrates to be of God , and therefore they affirme , that they ought to be honoured feared and obeyed , even for conscience sake , provided that they command , nor require nothing expresly repugning to God's commandement , and plaine will revealed in his word . Moreover they affirme . That if wicked persones abuseing the authority established by God , move Princes to command things manifestly wicked , That such as can & do bridle the inordinate appetites of misled Princes , cannot be accused as resisters of the authority which is God's good ordinance . To bridle the rage and fury of misled Princes , in free Kingdomes and Realmes , they affirme it appertaineth to the Nobility sworne and borne Councellors of the same ; And also ( NB ) to the Barons and People : whose votes and consents are to be required in all great and weighty matters of the Common-wealth , which if they do not , they declare themselves criminal with their misled Princes , and so subject to the same vengeance of God which they deserve , for that they pollute the seate of justice , and do , as it were , make God author of iniquity . ] Thus we see this late practice is not without laudable and approved procedents , nor vvanteth it the approbation of the valient vvorthyes of our land , vvho if they vvere living this day , vvould set to their seal to this truth , and be ready to seal it vvith their blood ; and the testimony of one Mr. Knox , is more to be valued , then the contrare assertions , of all the perfidious Prelates in Britane , and of all their underlings , yea then of all the time-serving , and men-pleasing court parasites , vvho first have debauched their consciences into a stupide silence , and their judgment into the atheists beleef that there is no God , and then devouted soul , body , religion and all , unto the lust os a sinful creature . CAP. V. Of the Peoples power , in erecting Governours : and several Arguments thence deduced . WE shall willingly grant , vvith the Surveyer Pag. 1. That God hath made man a Rational creature , and fit for society : And that God hath appoynted , besides oeconomical societyes , the coalition of people into greater bodyes , consisting of many familyes under one kinde of government , and political head , for their mutual good in their necessities , and for protection of the whole body , and every Member thereof : That Magistracy is God's ordinance , he having appoynted Superiour Heads and Governours , to rule these bodyes that they might be preserved from ruine and destruction : And that the hath put this instinct and dictate of reason into all ; so that even barbarous people are led together into such politick associations , under their Governours , for their subsistence in general , for the mutual help one of another , and for the protection of the weaker against the injuries of the stronger : And therefore we willingly say with worthy Calvin Lib 4. Inst , c. 20 , § . 4. That [ Nulli jam dubium esse debet , quin civilis potestas , vocatio sit non modo coram Deo sancta & legitima , sed sacerrima etiam , & in tota mortalium vita , longe omnium honestissima . Yet as to the right understanding of the peoples interest in the constitution and erection of civil Government , and of civil Governours , unto whom they subject themselves , we would have those Particulars considered . 1. It will be readily granted , that there was a time when such people , as are now imbodyed in a politick state , were not so imbodyed ; but were either living separatly in a wandering condition , or by providence cast together in one place , and cohabiteing together , and throw processe of time , increaseing in number , and filling that place of ground with their posterity and issue ; in which condition living without any established civil order common to all , every one saw to his owne matters the best he could , and governed these , according to his best advantage having no other law to square his actions by , then the moral law , or law of nature . 2 , Among this multitude or company , while in this condition , there was none , who by birth , or any other lawful clame , could challenge to himself any civill dominion , power or authority over the rest , or could exercise any Magistratical power , whether by makeing civil lawes , or by executing the same . I speake here of a civile power for I deny not , but in that condition , parents had power over their children , husbands over their wives , masters over their servants ; and , in some respect , the Elder might have had some power over the younger , the more strong and power full over the more weak , the wiser over the more foolish and ignorant , and upon that account , a sort of natural preheminence : but this neither did , nor could intit●e them unto a civil superiority , an civil Magistracy over these , farr lesse over all the rest . I grant that even in that state of affaires . Some being endued of God with gifts and qualifications beyond others , and so more fitted for Government , then others who wanted those advantages , might look liker the persons whom they ought to pitch upon and call for that work ; but notwithstanding of these enduements and abilityes , They could not upon that sole ground , lay clame unto Soveraignity , and assume unto themselves a civil power and jurisdiction over the rest : so that as to any actual , and formal right unto Magistracy , and supream government , all are by nature alike , though not alike qualified thereunto , and so , not in alike neare capacity for reception thereof . This , I suppose , will not need proof , since I am here speaking of the first , and most undoubtedly lawful , and ordinary constitutions of Commonwealthes , and abstracting from that question , What Magistratical power he may have , and assume to himself , who transporteth and erecteth colonies ; as also , from that question , what title or right to government , pure conquest by armes , or a lawful conquest upon a lawful warre , may give , as being of no affinity with our case , though this Surveyor be pleased now to account us little better then a conquest , of which afterward . 3. When a multitude in this condition , do associat together , and considering , through the instinct of nature , how necessary it is , that some way be condescended upon , for the common saifty and preservation of the whole body from forraigne adversaries , and intestine divisions , and for the saifty and preservation of every one in particular , from mutual injuries , and acts of injustice , do think of establishing some civil government and governours , we cannot rationally suppose , that they goe about such a businesse of moment , rashly , brutishly , inconsiderately and irrationally ; If reason teach them that a government must be erected , for their wel being , and move them to think of falling about it , we cannot rationally suppose them to acte in this matter irrationally , They being rational creatures , & not a company of brutes , and through the instinct of reason taught that this was a businesse both necessary and of great concernment , cannot but be supposed to act rationally in this matter . 4. It will not need much disput to prove , that by this constitution of a Policy , and of Politick Governours , they should not be redacted unto a worse condition , then that was , into which they were , before the constitution was condescended upon ; farr lesse can it be supposed , that by this change they enjoy no more the common privilege of rational creatures , but degenerate into beasts , or are depressed into a condition , equal unto , if not worse then that of beasts . Sure it must be granted that they remaine Rational creatures , and that Rational Creatures would never rationally yeeld unto such a change as should deteriorate their condition , let be brutify them , or make them rather choose to be beasts . And that such a change into a civil state , if accompanyed with such consequents , could never be the instinct of pure nature ; nor can we suppose , that such a thing can be the ordinance of God , appoynted for the good of mankinde . Therefore this must stand , as a firme truth , that the condition of a people modelled into a civil state , is not worse then it was before , but rather better . 5. It will be no lesse readyly yeelded , That such , one or more , as are chosen by the Community , to act the part of Magistrates , notwithstanding of that change made in their condition , abide men of the like passions and infirmities with the rest ( yea and subject to moe temptations and so in greater hazard to miscarry , then formerly ) This change doth not Transforme them into Angels , or put them beyond the reach of injuries ( as all will grant ) nor beyond a capacity of doing injury , even to these over whom they are set . No humane power can set any above God's Law , or loose him from the binding power thereof : and till this be ; or They out of a capacity or transgressing God's Law ( which no humane act can do ) He Or They are still obnoxious to the sin of injuring their neighbour , and transgressing the law of righteousnesse , no lesse then others ; 6. It is Left to the People , in this case , to condescend upon what forme of government they think most expedient , and most suteable to their temper , and to the condition providence hath cast them into , whether it be Monarchy or Arosticracy or Democracy , or a mixed kinde : for though God and Nature hath instituted Government , yet not having determined any one forme , to be the only lawful forme ; People are it liberty to walke here upon rational grounds , and to consult their owne advantage , next the glory of God ; and to make choise of that , which , all things considered , promiseth most probable felicity unto them , and of the several formes or Kindes of government , ( all lawful in themselves ) to pitch upon what Kinde they think most expedient and conduceing to their ends . This is assented unto by all Politians : and so it followeth , That it is meerly from the People , that this forme and not another is made choise of . 7. As neither God nor Nature hath determined the particular forme of government under which Men must live , but hath left it , as was said , to their free choise ; so it is not determined how large or how little , every politick society should be ; nor whether a people living at some considerable distance from other , or more contiguously , should joyne together in one , and make up one body politick ; or whether they should erect moe , distinct , and independent Commonwealthes though possibly of the same extract , and language . Nature sayeth not that all in one Iland , of one extract , or of one language , should become one Politick Body under one politick head . We have heard of the time when there have been many Kings , distinct and independent , in one England : And how many Kings there was at one and the same time , in the land of Canaan , no vast territory , scripture tells us . Nor hath Nature determined that distinct bodyes of people , living in distinct and far separated places , yea having distinct customes , and languages , may not when they see it for their advantage , associate for setting up one Supreame Soveraigne over all . So that this also is left to the free choise and determination of the People . 8. When a free People have rationally and deliberatly condescended upon the forme , it is in their power to condescend upon the time , how long that forme shall endure , and either prefix a certaine time , at vvhich it shall evanish , if they see it not expedient to continue it : or reserve to themselves a liberty to alter it when they vvill . Each of the sormes being in themselves lavvful , People may choose vvhich they think best ; and though one Kinde of government vvill agree to some People , better then another , yet Bodyes of people , being lyable to causal changes , and these requireing formes suteable , A people at the beginning guyded with reason , may rationally foresee such changes , and accordingly determine the first forme condescended on to continue , longer or shorter time , definite , or indefinite . It is not to my present purpose to determine , vvhat a people may do as to this , after their predecessours have once imbraced a forme , and engaged themselves by oath never to change it . Or vvhether it be lavvful to svveare unto any one forme . 9. It is from the People , that such persones , and no other persones , are made choise of to Governe according to that forme , which they have condescended upon : before this deed of the People , no man can pretend to it , all being equal , and none over another by nature , in any political capacity no man coming out of the womb into this world , with a crowne on his head , and a scepter in his hand : and God ( as we here suppose ) immediatly and particularly designeing none , nor without the least concurrence of the People instaleing any into that place of jurisdiction : and therefore the People must do something in order to this , and upon their deed it followeth , that such as before were no lawful Magistrates , nor had any formal political power , are now Magistrates and Governours , having lawful power and authority to exerce the function of a Magistrate : for though the People do not institute the office of Magistracy , and though the proper essential Magistratical power , be from God and not from the People ; and though the parts and qualifications wherewith the Magistrate ought to be , and the person which the people do pitch upon , is actually endued , be from God ; yet till the People do some thing , all these do not formally cloath a man with Magistratical power , nor make him a lawful Magistrate , nor authorize him , to assume that place & charge : for , the present condition and temper of a people may call for a Monarchy , as most fit , and there may be among the Community , now associated & combined into one body , moe persones then one , alike well qualifyed for the charge ; yet no man will say , that these , because of their qualifications , become eo ipso Monarchs , nor can one create himselfe ; for what right and power hath he more than his neighbour as wel qualified as he ? Therefore it must be granted that the People create the Magistrate , and make this man King and not that man : Hence vve often read in scriptures of the Peoples making Kings Iudg. 9 : 6 , I Sam. 11 : v. 15. 2 King. 10 : 5. 1 Chron. 12 : 38. Iudg. 11 : 8 , 11. 2 King. 14 : 21. 1 Sam. 12 : 1. 2 Chron. 23 : 3. The Surveyer seemeth to yeeld this , Pag. 102. See Gerhard . de Magistratu , § . 49 , & 89. Pag. 718 , 719. Althus . Politic. Cap. 19. numer . 103 , &c. 10. It is from the People that this way of election , and not another is pitched upon : There being several wayes , how in constituted Republiks , or Kingdomes , the Supreame Magistrates doe succeed to other : Some , at the death of the former , succeed by way of free election , and he is chosen who possibly hath no relation to his predecessour ; Some are chosen , who are of the same family , but not as nearest in line , but at most fit to exerce the office of the Soveraigne , as it was for a considerable time in Scotland ; In some places the nearest in line , are chosen , if they be Males , as in France , where , by the old Salicque Law , a Woman must not command in chiefe ; in other places the nearest in line succeed whether Male of Female , as in ●r●anne now a dayes . Now whence floweth this diversity of wayes of instaling the succeeding Magistrate , or of filling the place when vacant ? Doth it not flow alone from the People ? Might they not have pitched upon a way of conveyance of the Kingdome , by lineal succession , when they made choise of continual election ; or when they pitched on that , might they not have made choise of this ? And who will say that a Supreame Magistrate of Magistrates , chosen by election are not as essentially Soveraigens , as these who came to the place by lineal succession seing by all politicians , Election is made one of the ordinarie wayes of constituteing of Magistrates , and by many , preferred to Succession ? And seing the first of that Race had it by free election , he must be as essentially and lawfully the Supreame Magistrate , as any of his Successours . 11. Even where the way of lineal succession is condescended upon and established , the new Soveraigne , though he seem to be full and compleat heire , haeres ex asse , unto his Father or Predecessour ; Yet originally , and radically he is constitute , and chosen by the People . For , whence cometh it but from the Peoples free choise that such a familie , or line is chosen , and not another ; and that the Eldest , or nearest in the line is made choise of as Successour , and not he , of that line , who is mostly qualified for that place and function ? So that in this case the Son hath not his Kingdome from his Father ; for he doth not succeed Iure haereditario , sed vi legis per quam primogenitus , vel alius preximus succedere jube●ur , as sayeth , Boxhornius de Majestrate Regum , Pag. 11 , and 12. Now the Authors of this Law and constitution , are only the people . See Althus . Polit. Cap. 19. n. 90. 12. In all this , the People must be supposed to have some certane good End before their eyes : for a Rational People must act rationally , and rationally they cannot act , unlesse they have before their eyes some certain good End ; Now this end which they Intend as men , must be their outward Peace & Tranquillity , freedome from oppression from strangers or one from another , and the like ; and as Christians , the glory of God , the good of Religion , and of their souls . Therefore the People setteth Magistrates over themselves , to promove the glory of God , the good of Religion , and their temporal felicity : And if they saw that this meane had not a tendency unto these Ends , they would never have condescended upon it ; far lesse if they had seen that it had a tendency to destroy these Ends : and therefore , in so far as that meane is preverted , and actually abused to the destruction of those high and noble Ends , they must be interpreted as Non-consenters , and eatenus de Iure , in no worse condition , then they would have been into if they had not erected such a constitution , or set such over themselves . It is like the Surveyer , will from some or all of these , draw scuh Conclusions as he hath done from some innocent expressions of Naphtaly ill understood by him , and as ill applyed ; and say that we drive at nothing else , but to have all the parishes of the land cantonized into so many free Republicks , or little Kingdomes of Ivetot . But is he an able , or if able , a faithful maintainer of the Union and integrity of his Majesties , dominions , who vvresteth expressions , far contrary to the intent of the Author and starteth questions in Hypothesi , according to his fancy , and that he may confute the Hypothesis , falleth foule upon the Thesis which he supposeth ( without ground ) vvas the intent and designe of the Author of Naphtali , and vvhich will be granted by all Politicians and Lavvyers . Sure , as in this he hath shewed himself vveak in his Politiks , so he hath bewrayed himself as weak in his prudentials : and wise Statesmen will think , that ( to use his owne expressions else where , or the like , ) since he raised the Devil , he should have laid him better then he hath done , both in his first and in his third Chapter : and some will think , that since he had no cleare cal to meddle with those questions , policy should have taught him either to have forborne , or to have confuted them better ; And that for his very cause , he should be punished as an ignorant Traitor , and his pamphlet condemned to a fire , whereof it is much more worthy , then severals that have gote that measure . But of his foolish and unfaire dealing in those particulars , we shall speak more afterward ▪ and shall now goe on & draw some arguments for our purpose , from what hath been said . And 1. If People at the first erection of Government and Governours , acted rationally , it can never be supposed that they resigned and gave their birth-privilege , and power of self-defence away , so as they might not lavvfully stand to their ovvne defence , in cases of necessity , vvhen that Government of these Governours , should either come short of giving the assistence expected in such cases , or prove lets and impediments in their vvay , far lesse in case they should prove their avovved and open enemies : for is it imaginable that national men would erect such a Government , of set up such Governours , if it were told them that such Would prove their bane , and that by appointing of them , and proceeding in that businesse , they should denude themselves of that power of self defence , vvhich novv they vvere in possession of , See Althus . Polit. Cap. 38. num . 32. 2. If by this constitution , they were not brutified , they cannot after the constitution , be supposed to be in a case worse then Brutes . Therefore Since Brutes may defend themselves against injuries , this liberty & privilege of self defence , against manifest injuries , cannot be taken away from Rational Creatures , by the erection of a Government . Againe , if by the erection , and new constitution , the case of the people cannot be supposed to be made worse , if it was , lawfull unto them before , to defend themselves against injuries , and to repel violence with violence , it cannot become unlawful afterward : it is true , it is the part of the Magistrate to defend them from injuries , and for this end , was he set up by them , that they might be the more secure and saife , but it he neglect his duty , they are not to forget themselves , or to thinke that their hands are bound up ; much lesse , if he himself turne an enemie unto them . 3. If the Erected Magistrates remaine men , and sinful men , and men that can do wrong and violence and injustice , can oppresse innocents , destroy , pillage , plunder , kill and persecute unjustly : Then the innocents may no lesse defend themselves against their violence , injuries , oppressions , murthers , &c. then against the violence , oppressions , and injuries of others : for the wrongs and injuries they do , are as reall wrongs & injuries ( and in some respect greater ) as the wrongs and injuries committed by others . Therefore the People are still allowed to use their privilege of self defence even against them , and their unjust violence , in cases of necessity , as wel as against others 4. If it was of the People that this forme of Government , and not another was pitched upon and made choise of , no man in reason can thinke , that their condition should be worse under that forme , then under any other , since they acting rationally , made choise of that , as the best and most convenient and conduceable to their ends ; But that that forme should be every was as much for their peace , saifty , welfare , and security , as any other , ought no more to binde up their hands from necessary self defence , when urged thereunto by inevitable necessity , then if they were free from under that forme . 5. If it was of the Peoples owne accord , that they associated with such of such , without any previous determination of Nature , necessitating them thereunto . Then it is rational to inferre that their association with such , should not be to their detriment and manifest hurt , nor should it incapacitate them for doing that in their owne defence , which , before that association and combination , they were allowed to do . So that if the equal half , major or minor part , should lye by , and refuse to concurre with the rest in their necessary defence , Those who desire to stand to their owne defence , and repel violence with violence , are not , in poynt of conscience , justly restrained or bound up . If the equal half , or major or minor part of an army , betray the cause , or revolt to the Enemy , the honest party will be allowed in poynt of Law and Conscience and Valour , to stand to the cause , and defend themselves and their Countrey to the last man , yea even though the General himself should become a Head unto that revolting party . 6. If it was in the Peoples power to limite the time definitely or indefinitly , how long such a forme should continue , and therefore had power ( as Politicians will readily grant ) to change that forme , when the necessity of their condition did require it : Sure it cannot be repugnant to Reason to say , That the People have still a power to defend themselves from the manifest injuries , and intolerable oppression of that forme , or of these who are exerceing in that forme . If a people may lawfully change a forme of Government , when it becometh intolerably grievous , and not only not conduceing to the good of the Commonwealth , but clearly and sensibly tending to its destruction , they may be lesse ( if not more ) lawfully defend themselves against the manifest and intolerable injuries thereof . Yea even in case they had by vowes or engagements so bound up their hands that they could not alter the forme ; it were not rational to thinke that their case should therefore be irremediably the worse , but that rather God and Nature would allow them in that case , so much the more to make use of their primaeve privilege of self defence , because they could not use their power of altering the forme , for their security and saifty , as otherwise they might have done . 7. If the People make Magistrates , and set them over themselves , then , though it were yeelded ( which yet lawyers and politicians not a few will not grant , see Althus . pol. cap. 38. ) n. 35. where he proveth it by l. nemo qui 37. de reg . jur . l 6. solent de offic . procons . l. 3. de re . jud . novel 15. de . ef . civ . c. 1 § . 1. ) that they had no power to depose them againe in case of male-administration , and abuseing the power to the destruction of the Commonwealth ; yet ) it will undenyably follow , that the people may defend themselves against their manifest iyranny and oppression : for , it wil be granted that a People have more power , in creating a Magistate then in making a Minister ; and it will be granted likwayes , that if the Minister ; turne heretical , and preach atheisme , Mahumetanisme , or the like , the People , though they could not formally depose him , or , through the corruption of the times , could not get him deposed by these who had power , yet they might lawfully guard themselves from his unsound doctirne , and defend their souls from his haeresie by withdrawing : and if he should use violence to force them to heare him , & acknowledg him as an orthodox teacher , they might repel violence with violence , and peremptorily maintaine the Truth . 8. If it was from the People , That such a way of conveyance of the Magistratical power , was condescended on , so that when they pitched on this , they might have chosen any other ; Then ( as Lawyers will grant ) they have still power to alter the same as necessity requireth , much more then have they power to defend themselves , against the Tyranny thereof : and if either at the first constitution or afterward something interveened which laid such a restraint upon them , that they could not change that manner of conveyance , then so much the more are they allowed to defend themselves from the tyranny thereof , by recurring , in cases of necessity , unto their primaeve privilege , and this inward wall and bulwark ought to be the more fortified , that they want their outter fortifications . 9. If even where the conveyance runeth in a line , the Successour cannot pretend to more dominion over the subjects , then his Predecessours had , and the People cannot rationally be supposed to be in a worse condition under the Successour , then they were under his Predecessour , seing he holdeth the place , not jure haereditario ; but jure legali or jure constitutionis : and therefore if they might lawfully resist the unjust violence of his Predecessour , or of the First in the Line ; no man , in reason can deny it lawful for them to resist his tyranny , who cometh to that place by vertue of the fundamental constitution : and no otherwayes . 10. If upon pregnant considerations , and for good , laudable and necessary ends , the People erected a civil state , and such a forme of Government , and such Governours to succeed to other in such a manner of way , as the apparent and probable meane , for the sure , saife , speedy and most effectual way of attaineing these ends . It were irrational to think that being disappoynted of their expectations and frustrated of their hopes , of attaineing the desired ends by such meanes , They were in an irremediable case , and had no meane left them of attaineing these necessary ends , no not so much , as that pure product of Nature , self-preservation , and power to repel force with force . No man will say , but that a People are loosed from their obligation to use such meanes which they formerly pitched upon for these necessary and important Ends , when i they not only prove not useful , as meanes for attaineing of these ends , but prove destructive , and stand in contra-opposition there unto ; and in this case , must be supposed , to have the same liberty to use such meanes as they were allowed to use in their primeve state , that is , to joyne together and associate , the best way they can , for repelling of what destroyeth these noble and important Ends , and defend their Religion , Lives and Libertyes . But it may be the Surveyer , or some for him will say . That all this is nothing to the purpose ; because , The state of our government and constitution is of a distinct and far different nature . Ans . As to this , ( reserving what is further to be spoken on that subject unto the next chapter , where we shall speak of the obligation of the Soveraigne unto the People ) these things seeme cleare and undenyable . 1. That before Fergus the first , was chosen by the People , to be their King and Chiftane , there were a people living in Scotland , manageing their owne matters , the best way they could . 2. While they were in this condition , we heare on none among them , however possibly excelling others in wealth , power , wisdome and such like enduements , that took upon them the Soveraignity , otherwayes Fergus had not been the first King. 3. When they thought of sending for Fergus , and of making him King , they were not acted as beasts , but went rationally to work , considering their present hazard from their adversaries , and the advantage they would have by setting such over themselves , and erecting a stablished policy . 4. After the constitution and erection of the Kingdome , they remained rational creatures , sensible of injuries done unto them , whether by their Kings or others , as after experience manifested . 5. Nor did their Kings , after their election , become Angels , or Creatures above their reach , but for male-administration , oppression or tyranny , were made to know they were Men , as subject to erring and doing wrong , so to examination , tryal , and condigne punishment for their injuries done to the Commonwealth . 6. When they condescended upon Monarchy , though , as matters then stood , they saw it most for their advantage to have a King ; yet none vvill say , but they might , notvvithstanding of that exigent , have chosen an Aristocracy for a standing forme of government . 7. When they compacted themselves into a distinct body , and separated both from the Picts and from the Britones , they might , had they seen it for their advantage , either joyned vvith the Picts or Britones , and made one firme Commonvvealth vvith them ; or have divided themselves into tvvo or moe distinct Bodyes , and distinct Republiks , as they had seen it convenient : No previous necessity , save that they savv if for their only advantage to do as they did , constraining them to the one more then to the other . 8. When they made choise of a King , they might , if they had seen it good , prescribed the time how long that Government should have endured , whether until the death of Fergus , or hovv long there after . 9. When they made choise of Fergus , vvho then vvas in Irland , and sent for him , they might ( without any injury done to any man ) have chosen any other , they had thought most for their advantage ; and before they made choise of him , He could challenge no power or authority , over them , nor could He be accounted their King ; and when they made choise of him and made him their King , then , and not till then , was he their King. 10. It was in their power to have named ▪ ergus without his successours by line , and so have reserved power to themselves , to choose of new another after his death : and though they did include his successours by line ; yet their after practise declared , that they had liberty to choose the fittest of the family , when the nearest in the line , was not judged fit for government , which custome continued above a Thowsand yeers , till the dayes of Kenneth the third : 11. And , when it afterward came to a lineal constant succession , The sone had no right but by the constitution condescended on , in the dayes of this Kenneth . 12. That in all these resolutions and constitutions they levelled at nothing , but their owne good and saifty is body and soul , is beyond contradiction . And finally , their after practices did declare that they looked not upon themselves , as rendered incapable by all those forementioned resolutions , to defend themselves against manifest and unjust violence , even of the King and his followers ; though this Surveyer Pag. 78. accounts these nothing but the i● surrection of Nobles against the Kings , and violent oppressions of such of them , as have been flagitious and tyrannous . Yet they were cleare instances of the peoples reserving power to themselves , notwithstanding of the constitution , to defend their libertyes and lives , from oppression and tyranny of flagitious and tyrannous Kings , abusing their power and subverting the ends of governments , and destroying what they were bound to maintaine and defend . CAP. VI. Of the Covenant betwixt King and People . Our Arguments hence deduced . IT is no great wonder to see this Surveyer labouring , to free the King from any covenant-obligation unto his Subjects ; when he and his party have proclaimed him exempted from his Covenant-obligation unto God : and since the have put both consciences and wit upon the rack , to finde out some plausible grounds of evasion , that the King may be free from the Covenant , which he swore with hands lifted up to the Most High God oftener then once ; with which , however they may satisfy such as love licentiousnesse , and to live above God's Law , as well as man's ; yet God will not be so deceived , let men dream what they will ; it should be no matter of astonishment to us , to see them useing shifts whereby to bring the King from under any Covenant tye unto his Subjects : But it might seem strange to us ( if we knew not the Men ) that when lawyers and polititians tell us , that the King , is absolutely bound unto his Subjects , and the People , obliged unto the King condionally , see Hoenonius , disp . polit . 2. and Iunius Brutus vindiciae contra Tyrannos quaest . 3. and Althus . pol. c. 20. n. 3. 21. & cap. 38. n. 30. They on the contrary should averre , that the people were absolutly bound unto the King , & the King not only not tyed conditionally , but not at all , unto the People . But , from what was said in the preceeding chapter , it wil clearly follow , That when a people do institute a Governement , and do commit the Supreame Managment of affaires unto one or more , They do it upon certane tearmes and conditions , which conditions , polititians ordinarily call fundamentall lawes , others think that name not proper enough , but whether we call them so , or call them tearmes and conditions of the constitution of compact , it is all one thing . That there are certane tearmes and conditions on which the Soveraigne is chosen , is cleare from these grounds . 1. The man who is made Soveraigne by the People , can pretend no right to the Soveraignity , ( as was shewed before ) until he be named and chosen by the People . And this constituting of him Soveraigne , must be by compact and contract betwixt him and them ; for such mutual relations , as are betwixt Prince and People , can arise from no other act then a compact , unlesse they say , it ariseth from a free donation ; but then they must grant that the whole power cometh from the People , and was theirs before and might be given out by them , or not , as they thought fit ; for no law can constraine a man to give a gift : & further , if it was from them by free gift , the very nature and end of that Donation puts it beyond debate that it was upon some valueable consideration , of which when frustrated , they might recal their donation ; and so still it will be , a virtual compact . But now it being by a real comapct and formal , either explicite or implicite , that this man and not that man is made Soveraigne , There must be some conditions on which this mutual compact standeth : for a compact cannot be vvithout conditions . 2. We shevv that in this Act of constituting a Government ad Governours , the People acted rationally ; and carryed themselves in this businesse , not as irrational brutes , but as rational men ; and if so , hovv is it imaginable that they vvould set any over them vvith an illi mited povver , vvithout any tearmes and conditions to be condescended unto by him ? Would rational men , acting deliberatly about a matter of such moment and consequence , not to themselves alone , but to their posterity in after ages , set a Soveraigne over them , vvithout any limitations , conditions , or restrictions , so as they might rob , spoile , plunder murther , deflore , do acts of injustice and oppression , and act tyranny as they pleased ? 3. We shew that in this matter ; the People had certane ▪ real , good and necessary Ends before them : now , can it enter into the heart of any man to think , that Rational men acting rationally , & laying downe wayes for attaineing good aud necessary Ends , would set a Prince over themselves , without any conditions or restrictions ; since otherwise they could not rationally expect , that the meane which they had condescended upon , could ever attaine the End ? For every one of them might saifly have judged of the Prince by themselves , and seing they might have found in themselves , an inclination to domineer , to oppresse and tyrannize over others , they might rationally have concluded that the Prince was , and would be but a Man of the same passions and infirmities with themselves , and so as ready , if not more , to deborde and to do wrong : & therefore unlesse they had made him Soveraigne upon tearmes and conditions , they could not have expected that their chooseing of him , could have been a meane fitted and accommodated for attaining the Ends proposed : A Soveraigne left at liberty to tyrannyze , to oppresse and to destroy the Subject , is no fit meane to procure their welfare , either in soul or body , or to set forward the glory of God. 4. We shew that their condition after the constitution , was not to be worse then it was before the constitution . But if they had set up a Soveraigne without any conditions , their condition could not but be worse ; and rational men could not but for see that their condition would , of necessity , be worse ; for , to set up a Soveraigne without conditions , is to set up a Tyrant since if they do not limite him to termes and conditions , they give him leave to Rule as he listeth , and his will must be to them for a law ; and what is that but to set up a Tyrant ; and if a Tyrant be set up over a People , shall not their condition in that case , be worse then when they were at liberty to manage , their owne matters , as they could best ? Moreover this may be cleared from other reasons , as 1. In all other relations , which arise from mutual consent , and compact , there are alwayes , tearmes & conditions on which the contract or compact is concluded : as in the contract betwixt Man and Wife , Master and Servant , Tutor & Pupil , Master & Scholer , & the like , Here alwayes are presupposed tearms & conditions , on which the compact , the only fundation of these relations , is founded : for , no Man marryeth a wife , but upon condition , she carry as a dutyfull wife , and no woman maryeth a Husband but upon the like tearmes . So a Master indenteth with his Servant , and his Servant bindeth himself to him , upon tearmes . The Tutor , is under obligations to his Pupil , and if he break such or such conditions , he loseth his benefite , and moreover is answerable as law wil. So is the Master obliged to performe such and such conditions unto his Scholer , So are there conditions betwixt the Lord and his Vassals , and betwixt Pastor and People . 2. This will be cleare from the Nature of that power and authority , which the Soveraigne hath over the Subjects , of which afterward . 3. It is against Nature , to set up any Tyrant , or one who is free from all conditions ; for , that were , upon the matter , to set up a Waster , an Enemy to the Commonwealth , a bloody Tyger or Lyon , to destroy all : see Althus . Pol c. 19. n , 33. 35. 36. 37. 4. To imagine a King free of conditions unto his Subjects is to put them in among bona fortunae : and to say , they are as the King's gold , his sheep , his oxen , his lands and revenues , unto which , he standeth no way obliged . 5. If a People should set a Soveraigne over them , without conditions , they should sin against the Law of God , which vvill have such and such dutyes performed by them , vvho are Soveraignes ; and they , by setting up Soveraignes vvithout these limitations , should say ▪ such and such shall be our Soveraignes , contrare to the limitations of God's Law. 6. This is confirmed by the practice of all Nations , where a free People set up Soveraignes : It is alwayes upon tearmes and conditions . They Persians ( as Xenophon lib. 8. Cyri Paed. tell us ) did thus Covenante with Cyrus , that he should send aide to them , out of his owne Countrey , if any should warre against them , or violate their lawes ; and they againe did promise , that they should helpe him , if any would not obey him , defending his Countrey ; and therefore Xenophon calleth this contract or compact 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . So the Spartan King ( as the same Xenophon tells us , de Rep. Laced : ) did every Moneth Renew their oath unto the Ephori , & promised to governe them according to the lawes of the land , & the Ephori upon the other hand , promised to Establish the Kingdom in their hands . We reade of a compact betwixt Romulus , and the people of Rome Dionis . Halicarn . Lib. 1. betwixt the Senate & the Caesars Idem Lib. 2. It is notoure enough that the Emperour when he is chosen , agrieth unto tearmes and conditions ; and also the King of Poland : and historyes tells us , what conditions are made betwixt King and People , at the coronation of Kings in England , France , Boheme , Spaine , Portugal , Sweden Denmark , &c. 7. The practice of our owne Kingdome , doth sufficiently confirme this , of which more , when we consider what this Surveyer sayeth to the contrary . 8. Lawyers , Polititians & Divines tell us , that there are such conditions condescended on in all free Republicks . Hoenonius Disp . Pol. 2. Thes . 4. tells us that the Subjects do stipulate from the Magistrates , whether they will rule so as they may lead a peacable and quyet life under them , and Thes . 5. that the Magistrates do absolutely promise ; and the Subjects upon condition promise what is their duty . So Althusius cap. 38. Polit. n. 31. and cap. 19. n. 15. 23. 29. and Timplerus Polit. Lib. 2. Cap. 1. Quest. 5. proveth that there is a mutual obligation betwixt Magistrates and Subjects . See likewise Gerhard de Magistratu , Thes . 94. Pag. 726. Where he proveth that it is no new thing , That Magistrates and Subjects do Covenante with each other . Finally , This is cleared , from some Scripture instances , as first The Covenant , which David made with the Tribes of Israel , 2 Sam. 5. 3. 1 Chron. 11. 3. So all the elders of Israel came to the King to Hebron , and King David made a league with them in Hebron before the Lord , and they anoynted David King over Israel . Sanches on the place thinketh , He promised to rule them according to the law Deut. 17 15. and that some other things were contained in that Covenant , which did relate to the present state of a affaires , as concerning the war with their near and insolent enemies , concerning an act of oblivion , and other things , which they could think upon , in that troublesome state of affaires : and upon the other hand the People promised fidelity and obedience , and what else is required in well constituted Commonwealths ; and that this Covenant was sealed by oath of both parties ] Cornel a Lap : calleth it a mutual promise , wherein David Covenanted to governe the Kingdome faithfully , according to the law of God Leut. 17. 16. &c. & . Israel , on the other hand , promised to be obedient and faithful to him : The Surveyer tryeth many shifts to make this , no mutual Covenant , or conditional Covenant Pag. 94. 95. He cannot deny but there was a Covenant here agreed upon , betwixt David and these Tribes of Israel . But he sayes [ the Quaestion is , what was the nature , the matter and import of that Covenant , The Scripture sayes not it was such a Covenant ( as these men would have it ) I shall rule you rightly , if you obey medutifully , otherwise not ( upon the King's part ) and ( upon the peoples part ) we shall obey you and be subject to you , if ye rule us rightly , otherwise we will not , but use our coactive power upon you , to dethrone , and destroy you , and punish you . ] Ans . If it be granted that here was a mutual contract , wherein the King accepted of conditions and obliged himself thereunto , it is enough for our present purpose , ( & the Dutch Annotators on 2 Sam. 5. 3. say hereby they were bound on both sides by oath , to performe their dutyes to other ) for we are not yet speaking of the nature and import of such Covenants , and what right or power the party keeping , hath over the party failing . 2. The Text doth not tell us what was the particular matter of this Covenant , but from the Text , we may clearly see , that this was a conditional Covenant , a Covenant wherein the King promised such and such things , as satisfied them , and induced them to accept of him as King , and anoynt him : so that if the tearmes had not pleased them , they would not have accepted of him as King , If the King had said , I will be an Absolute Prince to account you still mine Enemies , and kill such of you , as I will , and keep a live such of you as I will , and so play the Tyrant , be like he had gote the answere that Rehoboam gote To your tents ● Israel : What portion have we in David ? 3. How can he prove , That they did not minde to offer themselves to David upon such tearmes , [ They ( sayes he Pag. 95 ) recognose , his right of reigning over them is of the Lord , and that he was not subjecte to be removed by them , for they say The Lord sayd to thee , thou shalt feed my people Israel , and thou shalt be Ruler over them , and it is added Therefore they came , &c. ] Ans : 1. All this will not prove that this Covenant was not conditional , or that David did not oblige himself to such and such conditions ; for if these reasons have any force , they will as well say , that they should not have made a Covenant with him it all , but submitted without Covenant : and they knew his right by promise to the throne , before this , and yet for all that , they refused to come till now , and now when they come , David must make a Covenant with them . 2. The same Tribes of Israel did recognosce Rehoboam's right to reigne ; for they came to Shechem to make him King ▪ 1 King. 12. 1. 2. Chron. 10. v. 1. & yet when Reh●boam would not agree unto the tearmes proposed , They refused to acknowledg him King. 3. That 1 Chron. 11. 3. Therefore came is but the same with So came , 2 Sam. 5. 3. and it may be as well rendered , also or and came , for in the Original it is in both places 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and it is there told , that also the Elders of Israel came , who were not mentioned before . 4. Gods promise to David , gave him no power to play the Tyrant , nor was it to be fulfilled but such a way , God's purposes concerning the End includeth the Meanes with the End , and his purpose or promise was not that David should obtaine the throne without the Peoples consent , or that the People was obliged to submit unto him notwithstanding he should refuse to Covenant with them , or promise to Rule them in righteousnesse , and not to play the Tyrant over them : and hence it appeareth that it is not false that the People gave the Kingdome to David conditionally ( as he sayeth Pag. 101. ) for , if He say these promises or purposes of God , did lay obligations of the People to accept Such upon any tearmes , he cannot condemne the Ten Trybes for accepting of Ieroboam , as he doth elswhere ! 5. As for their coactive superiority over him , we speake not of it now , it not being our present businesse , but sure his reasons will not validely conclude the contrair : for if such a promise or purpose of God , gave David such a right , as that in no case , suppose he had turned the greatest Tyrant imaginable , & had sold the Land of Canaan unto the Uncircumcised , or done some such thing ; the Elders of Israel had had no coercive power to have with-stood him , and dethroned him , then they might not now have refused to have submitted unto him : And by the same reason , The elders of Israel might not have refused to have submitted to Iero●oam who also had a promise , which I know he will not grant . But it is enough to our present purpose , if it be granted that David agreed with them upon tearmes . This he cannot get well denyed , but sayeth . [ All the Covenant that can be supposed here , is upon the peoples part , an engagement to humble subjection and homage ; & upon the Kings part , a Covenant of indempnity for former oppositions to him , wherein they had need to be comfortably secured . ] Ans . If it was such a Covenant , then it secured all the People of Israel , and their Elders with them , and David was bound to have keeped it , and did keep it . He did not then execute thereafter some of them upon scafsolds , and set up their heads upon poles , as Traitours . 2. We finde nothing in the Text , of their acknowledging a crime done , so as they needed an act of indempnity : it is like David in a piece of holy policy , meet for that time , to gather together the scattered people of God , ( to use the Surveyer's words , Pag. 94. ) Would have been content to have passed an act of oblivion , as lesse irritateing , then an act of indempnity . 3. If they were now coming to be his Subjects who were not so before , but were under another King ( as he sayes himself Pag. 94. ) what necessity was there , either for an act of indempnity or yet an act of oblivion ? Ay [ but it was fit ( sayes he ibid to give them security , touching his good minde toward them , they having so long stood it out , in armes against him . ] Ans . But was there no more requisite to secure them touching his good minde towards them , and his willingnesse to accept of them as subjects , who before were enemies , except this act of indempnity ? Since they were in open hostility one against another , and if upon this ground , the Covenant on David's part was of indempnity , why should it not be also a Covenant of indempnity on their part ; seing , as he confessed , they were not his subjects before , but under another King ? But now , when they come to bee subjects who were not so before , and engage to humble subjection , and homage , must not David in this Covenant engadge to something corresponding to this ? we shall not repugne ( sayeth he ) if it be called a Covenant both of protection & right ruleing them . ] Answ . That is all I am seeking , to have David here obliged by Covenant , unto his Subjects , to such and such tearmes , as to Protect and Rule them a right . Ay but he adds [ Yet so , as not subjecting himself to their censures , or co-action , or that they should be his subjects only upon that condition , being otherwise free to fall upon him . ] Answ . This is not to our present businesse . But yet how can he prove this ? Is it enough to say so ? Will his adversary take that for an answere ? Is there not here a mutual Convenant , wherein each party is bound to other ? Are not the tearmes condescended upon ? And is it not granted by all , that in mutual Covenants the observer hath a jus against the breakers ? But sayes he [ a Covenant may be to mutual dutyes , & yet on neither side conditional , but absolute , eath party obligeing themselves to their owne duty absolutely , but not on condition that the other party do their duty . ] Ans . Then it seemes Israel was bound to David , whether he would be a King to them or not ; Yea even though he would sell them to morrow to the Philistines for slaves and bond men for ever , and David was bound to Protect and Rule them a right , whether they would be Subjects or not . 2. How can he prove that this was such a Covenant ? 3. Yea , how can he prove that there is any such Covenant among men ; or how can he explaine such a Covenant ? [ As if ( sayes he ) a man bind himself by oath , to give me one hundereth pounds , & I bind my self againe by oath to him , to give him one hundereth pounds , without conditional provision that he pay me the money he promised me ; albeit he should fail in his oath , & not pay me ; yet must not I fail in mine but must pay him : because my oath is separate from his & independent upon it , and hath a separate obligation absolute , which no faileing of the other party to me , can loose ] Answ . It is true manus manum fricat , and if this Surveyer give to one a hundereth pounds . He will know it is for an hundereth pounds againe , or something better : and I wish he should think himself as wel bound by his oath , to pay the thing , he promised to God absolutely , as he thinks he is bound to pay to man what he had promised absolutely . But to our businesse , what sort of mutual Covenants can those be , which he here speaketh of ? We hear to Pactions or Covenants where there are promises without a stipulation , but of a Covenant or Paction betwixt two , concerning mutual duties to be performed by each to other , wherein there is no stipulation , or which is no conditional Covenant , I have not yet heard . 2. Where heare we that such a transaction ( if it can have that name ) wherein one person promiseth absolutely to another to give him such or such a summe of money ; and that other person againe promiseth absolutely to give to the first another summe , is called a Covenant ? 3. Lawyers tell us that even Promissiones , promises , if compleat and not mere Policitations , wil give a jus a right unto the person , to whom they are made to call for the performance , and sue the promiser at Law : And if this be granted ( as it cannot be denyed ) he will lose his cause : For when the question cometh betwixt the Magistrate and the Subjects , it is the same case , as when the question cometh betwixt two distinct Nations : For as there is not a Superiour Judge over both Nations to determine the controversy ; so nor is there a Superiour ordinary Judge to decide the question that falleth out betwixt King and Subjects : And therefore , as the sword must determine it , in the one case , so in the other . 4. But how shall he evince that the Covenant , betwixt King & People is not a reciprocal contract of things to be done by each to other upon conditions ? It is true , he tells us that subjection is not promised to Kings conditionally , but absolutely ; but in so saying , he doth onely beg the question . A better Polititian then he , Althusius Polit. c. 19. num . 6 , 7. calleth it a mutual compact betwixt Prince and People upon certaine conditions , and calleth it Contractum mandati , and he tells us , that in this contract the Prince is a Mandataruis , and his obligation preceedeth as the obligation of the Mandatarius and promiser , useth to do , and then followeth the obligation of the People secundum naturam mandati , whereby they promise obedience and fidelity to him governing the Commonwealth according to the conditions prescribed . Another Scripture instance is 2 King. 11 : v. 17. 2 Chron. 23 : v. 3. 16. where Iehojadah made a Covenant betwixt the King and the People , which ( as the English Annotators and the Dutch also on the place say ) was a civil Covenant betwixt them , viz. That the King should governe then well , They should obey him in the Lord. Peter Martyr , also sayeth that [ not only King and People covenanted with God ; but the King also with the People ; and the People with the King ] and thereafter that [ the King was bound to rule the People according to the Lawes , & equity , Secundum Iura & Leges , and the People promised to obey him . ] [ Zanches more fully tells us , there was a Covenant betwixt the King and the People , as uses to be betwixt the Prince and Common-wealths : The Prince undertaketh to defend the Kingdome , Lawes , Equity , and to be a keeper and defender of the Countrey , and of Religion : And upon the other hand , People promise obedience , and fidelity and such expenses , as are necessary for keeping up the Majesty of the Prince , &c. ] Now what sayes our Surveyer to this ? He tells us Pag. 96. That it was also made upon an extraordinary occasion ; & extraordinaryes cannot sound ordinary rules ] Answ . How doth he prove that it was meerly upon the extraordinarynesse of the occasion that this Covenant was made ? he might as well say that the crowning of him , & giving him the testimony , & making him King , and making a Covenant betwixt the Lord and the King , were extraordinary , and so could not found ordinary rules : yea and that it was extraordinary for the People to sweare allegiance unto him . But he hath two things remarkable to his purpose as [ 1. That he is crowned & made King before the Covenant is made , which crosseth the antimonarchists , who assert , the King cannot be made King , until he make the Covenant with the People , & that he gets the crowne and royal authority covenant wise , and conditionally ] Answ . Antimonarchists properly so called , are against all Monarchs limited or absolute , or doth he account them all antimonarchists who say that the King is a limited Magistrate ? then we know what to think of the Monarchists and Royalists , of him and his party . 2. He knoweth himself that the series or order of the relation of a complex businesse , is not alwayes just according to the series of the things done ; but be it so , this maketh for us in the former instance of David's Covenanting with Israel , Which is mentioned , before their making of him King. 3. But suppose the King had refused to enter into Covenant with the Lord , or with the People ( for mention is made of both Covenants after his Coronation ) might they not for all their solemnities in crowning of him , have refused to have ownned him , as King ? 4. But to put the matter beyond all debate , we finde , compareing the two places together , That beside the Covenant betwixt Iehojadah , and the Rulers of Hundereds &c. mentioned 2. King. 11. 4 , and 2 Chron. 23. 1. which was rather a Covenant betwixt themselves , to depose Athalia , and to set up joash ; to put down Idolatry , and to set up the true worshipe of God , ( as the English annotations & the Dutch say ) then a Covenant of fidelity or allegiance to the King , as he would have it , we finde 2 Chron. 23. 3. a Covenant made betwixt the Congregation and the King , and this was , before he was crowned or made King , which Covenant ( as the English annotators say ) [ was a mutual stipulation , betwixt the King , and Them , That the King should maintaine the true worshipe of God , the peace of the Kingdome , and privilege of the subjects ; and that the People should maintaine the King , and yeeld unto him his due . ] The next thing he sayeth is [ That it is not told us what the tenor of this covenant is , Dioda● seems to say that Iehojadah made them sweare allegiance and fidelity to the King but how shall it be cleared that it was conditional , & with a reserve of coactive , & punitive power over him ? ] Answ . Of this coactive power over Kings , we are not now speaking , and he but playeth the fool to start such questions without ground . 2. That it was a conditional Covenant , the scope of the place cleareth : for , if they had not expected tha● their condition had been better under his reigne then under Athaliah , be like they had never resolved to have ventured their lives , and estates for him : and if the Covenant had not been conditional , they could have had no rational expectation of the bettering of their condition from the young King , Againe , if it was not a conditional Covenant . The King could with no more certainty have expected their dutyful obedience , then They his faithful government . 3. It is true , the matter and tenor of the Covenant is not expressed ; but the nature of the act , doth abundantly cleare what it was , and that it was such as the English annotators have expressed . 4. If Diodat say it was nothing else , but the Peoples swearing allegiance , he speaketh without ground , for it was a mutual Covenant , a Covenant betwixt King and People , But sayes he , suppose [ all the Kings of Judah made such covenants with the People , yet will any judicious man force the Particular customes of that Nation on all Nations ? that might be best for that Nation , that was not simply best ; their customes without a law of God bearing a standing reason , cannot be obligatory on others , lest we judaize too much ] Answ . 1. We are not now pressing their practice as our only warrand ; but by their practice , we prove the lawfulnesse of the King 's being brought under conditions , and obligations to the people ; which Politicians Lawyers , and Divines use to do . 2. He must show why such a practice was best to them , & not also to other nations . 3. We Judaize not more in this , then in crowning and making of Kings ( though I grant they do , who use the ceremony of anoynting with oile . ) 4. We have the Law of Nature , which is the law of God , bearing a standing reason of this ▪ as was shewed above . 5. Yea that lavv of God mentioned Deut. 17. 15. &c. Limiting the Prince , shovveth that it was the Peoples duty ( unto whom that is spoken ) when they were to set a King over themselves , to provide for these conditions : so that as they might not de jure set a stranger over them , neither might they set any over them , who vvould not engage to keep the conditions vvhich they were to required of him v. 16. 17. 18. 19. and these Conditions of the King being held forth unto them , sayes that they were impowered to stipulate such of the King , whom they were to create : and that poynts forth a Covenant to be made betwixt them and their King , & power also in them to restraine the King from transgessing these conditions as Iosephus tels Ant. Lib. 4. cap. 14. Si autem fuerit alias , &c. ● . e. [ But if otherwise a desire of a King shall adhere unto you , let him be of your stock , let him make much of Justice and other vertues , and let him know that there is most wisdome in the lawes and in God : let him do nothing without the advice of the High priest , & Elders : neither let him assume to himself many vvives , nor seek after abundance of riches nor horses with the pleanty of vvhich things , he may vvax proud & despise the lawes ; but lest he have an earnest study to be more mighty then is convenient for your profite , Prohibeatur ( sayeth the copy at Paris ) obstandum est ( sayeth another ) ne potentior fiat quam rebus vestris expedit . ● . e. he is to be incapicat or resisted in case he should do so . But then he tells us that the constant practice of the prophets and people of God speaks clearly that they never had such thoughts &c. ] Ans . Though ( as I said ) it doth not concerne us to vindicate such a liberty in the People , as by vertue of this Covenant , to fall vvith violence on their Kings ; our purpose being only to vindicate a liberty in the People to defend themselves against unjust violence ; yet he doth but vveakly maintaine the King's head by this ; for he said himself just novv , that none vvith Reason could force the particular customes of that Nation on other Nations ; and vvith more reason it may be said , that none can force the Omissions or non-practices of that Nation , as binding to others . But 2. We knovv the Ten tribes rejected Rehoboam & vve finde no Prophets ever condemning them in this , they never suggested that their obligation to subjection unto their Supream Magistrate or King , vvas absolute : had this been such a sin as he allegeth , no doubt ( to use his ovvne vvords ) God's Prophets vvould plainly and dovvnright have told them of it , vvithout circumlocutions ; but this they never did . Either that vvas no sin , or the Prophets vvere not faithful in reproving it . Novv let him ansvvere his ovvne argument if he can , and this he must do , or else confesse he is an advocate for the King , vvorth no vvages . 3. We finde that the Prophets vvere sent of God , to stirr up Subjects against their vvicked and tyrannous Kings : as a Prophet vvas sent to anoynt Iehu to goe against his Master , 2 King. 9. [ When at first ( sayes he ) that people sought a King from Samuel , they resolved not to take him conditionally , si bene regnaverit , but vvith all the faults that might follovv him , &c. ] Ans . It is very like that their importunity made them neglect their duty , in making any expresse Covenant , or in condescending upon expresse conditions ; but he shall never prove that they did right in this ; far lesse shall he make this example binding unto others ; and least of all shall he hence conclude that there was not a tacite and virtual compact , and that Saul was under no tearmes . 2. Notwithstanding of what he sayes , we finde that the People did actually resist and oppose him , in rescueing Ionathan , and that David defended himself with armed men against him , and his fury , and unjust violence , and this is enoughe to our purpose . As for these words Eccles . 8. 2. I Counsel thee to keep the Kings commandement , and that in regaird of the oath of God , because they are variously rendered , and by some otherwayes then by us , as by Iunius ( to which the dutch come near ) praestitutum Regis observa , sed pro ratione juramenti Dei. i. e. Obey the Kings command , but according as your oath to God will permit , Mercerus rendereth them thus . It is my pairt to observe the Kings command and to have respect unto the oath of God , meum est observare praeceptum Regis , & rationem habere juramenti Dei. We shall not much labour to presse this Covenant out of them : But if the Surveyer , will hold closse to our translation , and fish out from thence the oath of allegaince , we must then say that they will also , clearly suppose on oath of the King unto the People , by which he is bound to them as wel as they are bound to him . He granteth that ordinarly among the people , there were not oathes of fidelity and obedience given to their Kings , and where ever we finde that the people swore an oath or Covenant to the King , there we finde that the king swore and Covenanted to them : and so the Covenant being mutual , he was bound unto conditions as well as they were , and They no more then He. And if Their chooseing and setting up of a King , did virtually include their engagement to him ; so did His accepting of the place virtually lay bonds on him , to acquiesce unto the necessare conditions , & make him obliged to performe these necessary and indispensable conditions , which is all desire now . We see some thing more explicite for this , Iudg. 11. ver . 2 , 7 , 8 , 11 , 12 , 13. Where there passed conditions betwixt Iephthah and the People : See Althus . Polit. Cap. 19. num . 20. Thus we have cleared . 1. That lawful Magistrates are admitted to their Thrones conditionally , upon such and such tearmes . And from what we have said , it is also clear , 2. That the Prince accepting of the Crowne doth either explicitely or implicitely promise to fulfil these conditions ; because the People have made choise of him as a fit meane to procure those Ends which they did designe : But if he should not be engaged to prosecute , so far as lyes in his power , those Ends , why did they make choise of him ? Or how could they expect that he should prove a fit meane for these Ends ? Or how can we think that People acting rationally , would be so far dementat as to choise a meane , which they had no more rational ground to expect , would prove a meane for attaining these necessary Ends : then the very bane of these good & necessary Ends which they proposed unto themselves . The Covenants , which we have now spoken of do cleare this also . 3. It is cleare likewise from what hath been said , That the Soveraigne , in these Compacts and Covenants with his People , is not only bound unto God , to performe what he hath promised , but also unto his Subjects : For 1. As was said , He still remaineth a sociable creature , and under the Lawes of God and Nature , and therefore is not above what transactions or compacts he maketh with any , whether equalls or inferiours . 2. If by vertue of these Compacts he were not obliged unto his Subjects , neither should they be obliged unto him by these compacts , seing in erecting the constitution , and condescending upon these tearmes , He and They are equal , according to that , Contractus non ●netur nisi inter aequales . 3. The People in setting up a King should not act rationally , if the King as King were not bound to stand to his conditions , and really obliged unto them . Could we imagine that Men in their wits , would Covenant with a Man , to make him King , on such and such tearmes , it after he were made King , he were no more obliged unto them , then if there had been no compact with him ? 4. How could they think of attaineing those Ends , which they proposed , if he were not bound unto them , to performe these conditions , which they though necessary to limite him unto for the better & more sure , attaineing these Ends ? 5. This compact or Covenant being mutual , concerning conditions to be mutually performed , sure , each party must be formally obliged to other . 6. If this be denyed , it must be asserted , that a Soveraigne can do no wrong or injurie unto his Subjects , can borrow no money from them , can not be engaged by Covenant , Promise , of Bond unto them , which were most ridiculous , and a doctrine as much tending to the real destruction of Monarchs and Soveraignes , as any else : for if this hold good , Subjects might never think themselves secure : And moreover that ordinance , could never be an ordinance of God , seing thereby People could never expect the least rational ground of security for their lives , and what they have . But we need not stand on this , seing our Surveyer perceiving wel enough , what a groundlesse and irrational assertion this of the Royalists is , thinketh best to strick in with Lex Rex and grant Pag. 100. [ That where a Covenant is made between a King and a People , the Covenant on the Kings part , binds him , not only to God , in relation to the People , as the object of this duty , but doth bind him to the People formally . ] 4. It is also cleare and undenyable , that in Kingdomes which are commonly called haereditary , the Son is obliged to performe the same conditions which his father was obliged to perfome ) for as the law sayeth . Conditionalis obligatio transit ad haeredes L. si quis D. de Verborum obligatione . Rational People , condescending rationally upon the constitution , did certanely pitch upon that way of conveyance of the Soveraignity , that might best secure them , as to their Ends , and if none had been obliged unto the conditions agreed upon , but the first in the line , they had not rationally secured these Ends. 5. It is no lesse cleare , That when the Soveraigne doth not performe the Principal , maine , and most Necessary Conditions condescended and agreed upon , de jure he falleth from his Soveraignity . This all will grant , as flowing natively from the nature of a compact : for , qui non praestat officium promissum , cadit beneficio hâc lege dato . He who doth not preforme the conditions agreed upon , hath no right to the benefite granted upon condition of performance of these conditions . I do not here say that every breach , or violation doth degrade him de jure ; but that a violation of all , or of the maine , most necessary , and principally intended conditions , doth . 6. Lawyers grant that every conditionall promise giveth a right to the party to whom the promise is made , to pursue for the performance : and this is the nature of all Mutual compacts . And therefore by vertue of this mutual compact , the Subjects , have jus against the King , a Right in law to pursue him for performance . The worthy author of Lex Rex told us Pag. 97. [ That even the Covenant between God and Man is so mutual I will be your God , and yee shall be my people , that if the people break the Covenant , God is loosed from his part of the Covenant , Zach. 11. 10. and 2 The Covenant giveth to the beleever a sort of action of law , and jus quoddam to plead with God in regard of his fidelity to stand to that Covenant , that bindeth him by reason of his fidelity , Esa . 43. 26. & 63. 16. Dan 9. 4. 5 , ] and hence inferred [ That farr more a Covenant giveth ground of a civil action or claime to a People , and the free Estates , against a King ] But sayes the Surveyer Pag. 101. [ It had been better said , That upon this ground they might humbly plead with him , supplicate and reason with him , as God's deputy bearing the impresse of his Soveraignity and Majesty on earth : But as God cannot otherwise be pleaded with , upon account of his promise ( wherein he is bound not so much to us as to his owne fidelity , to evidence it , reddit ille debita nulli debens ) and cannot be pleaded with by force or violence : So his deputyes on earth , on whom under himself , he hath stamped inviolable Majesty , whatever they be , are not to be pleaded with by strong hand and force . ] Answ . If he had shewed . 1. That Migistrates could not miscarry . 2. That Subjects had no hand in making these conditions in the Covenant betwixt Them and the King. 3. Nor any hand in setting up the King and conferring that benefite upon him , on such and such conditions , then his inference had had some colour : but now hath it none . 2. Inferiour Magistrates are God's deputyes as wel as the Superiour , and yet vve finde no impresse of Majesty or Soveraignity on them , but they may be opposed vvhen doing injury . 3. This is a large assertion , vvhich I much doubt if any Royalist vvill defend That the Supream Magistrats vvhatever they be , can in no case be pleaded vvith by strong hand and force . Sure vve heard Cap. 2. some concessions smelling othervvise . 4. Himself vvill grant that notvvithstanding of all his Majesty and Soveraignity , a forraigne Prince may resist him by force , and plead his right vvith a strong hand , hovv doth he then save his Majesty inviolable ? [ But ( sayes he Pag : 102. ) who will judge it more reason , that these who are plaintifes , shall be judges of the party they compleane of , more then the party or Prince , judge to them ? Is not this a perversion of all judgment , that in one and the same body politick , the accuser and judge shall be co incident , in the same person or persons . ] Ans . This makes as much against the king , as against us ; for by this reason the King hath no jus over the People , more then they over him , and can no more plead his cause , then they can : for himself cannot be judge and plaintife both : and if this be the perversion of all judgment , vve have seen enough of it , vvhere the King hath been both judge and party pursuer by his advocate . But let him ansvver this himself , and he vvill help us to ansvvere also . Againe he sayeth in that same Page ? [ Though it be true , that all Covenants and contracts amongst men , embodyed in a society , brings each of the contracters under a law claime , in case of failing ( coram judice proprio ) before his owne and competent judge : yet it is not true , That any contract , betwixt man and man , in one and the same society , giveth the party keeping contract , co-active power over the party breaking . ] Answ . He is but a ravv lavvyer that sayes so , for if one Man set a piece of land to another , for so many yeers , for so much yeerly , and the other be bound at the expireing of these yeers , to remove vvithout processe of lavv , The party setter hath by contract a coactive povver , and may use Major vis and thrust him out vvith the broad svvord , without further action of lavv . But ( sayes he Pag. 103. ) [ There is no judge over all Magistrates , nor the Supreame Magistrate , before whom a complaineing people can plead wrong done to them . This complainte lyeth before God only to take order with it . ] Answ . When Arnisaeus objected that , The worthy and Learned author of Lex Rex answered , [ That the consequence was not necessary , no more then when the King of Judah and the King of Israel make a covenant to performe mutual dutyes one to another , it is necessary , there should be a King and superiour Ruler above both who should compell each one to do a duty to his fellow : King and People are each of them above and below others , in diverse respects . ] But in cometh this Surveyer Pag. 100. and tells us , there is a great difference [ God having allowed lawful wars , allows seeking of reparation , or repelling of wrongs done by one Nation to another , by force of the sword , when no rational meanes can bring the doers of the wrong to do right , and there being no other remedy , he himself , the Lord of hostes , and God of armies , sits judge and moderator in that great businesse , and in the use of war , is appealed to as judge , there being no common judge on earth to sit on the causes of these independent Nations . But God having set and established in one Particular Nation and Political society , his owne ordinance of Magistracy , to which every soul must be subject , and all subject to the Supreme . &c. ] Ans . This sayes wel when the difference or disput is between two subjects , both under one Magistrate ; but is sayes nothing to our case , where the difference is betwixt the Magistrate and the Subjects : for in the other case there is a judge over both established , unto whom both are subjects , but in our case there is no judge on earth Common to both , or who can sit and judge in such causes : for the King must here be no more both judge and party then the People , and so the case is irremediable unlesse there be an allowance of repelling force with force : for in our case there are no rational meanes which can be used to bring the Prince to do right unto the injured Subjects : and therefore it God allow war , in the use of which , he is appealed to as judge , betwixt two Nations , he wil allow also a necessary defensive warre in Subjects against their Soveraigne when there is no other remedy , or rationall meanes of redresse . This Man dictats but what proveth he ? [ The Magistrates are by their official power , above the whole Nation , and as absurd it is to say they are above the powers , which God hath set over them ( as L. R. pag. 460. sayeth thrasonically he hath proved unanswereably ) as to say that every parish is above the Minister , in an ecclesiaslical way , though he hath official power over them all , or that every Lord in Scotland hath their Tennants and vassals above them , a thing which the nobles of Scotland had need to look to ; for certainely the principles which lead to subject Kings to People , lead clearly and by undoubted consequence , to Subject them to their vassalls , and to all under them , yea and all Masters to servants , and parents to children , and to confound and invert the order of all humane societies . ] Ans . 1. The law will tell us That in mutual compacts the party observer is Eatenus in so far , superiour unto the party who faileth . 2. The author of Lex Rex sayeth truly and not Thrasonically ( as this Thraso , and windy man , allaigeth , who would make the world beleeve that his one word is enough to confute all which that learned author hath solidly proved with such reasons that he thought ( with the little wit he hath ) it was more wisdome to forbeare once to name then to offer to answere ) that he hath proved unanswereably ( if not , let this windy Thraso try his hand in confuteing his reasons ) the Peoples power above the King. 3. This man's reasons are as weak as water . For 1. the Paroche is so above the Minister , that , in case he teach haeresy , & there be no ecclesiastick or civil power to put him away , they may save their owne soulls , thrust him out , and choose another more Orthodox . 2. All know that the Lord is bound to the Vassalls , as well as they are to him , and that the Lord may not oppresse them , or if he transgresse the bounds and limites prescribed him , they will get action of law yea in some cases be free to renunce him as their Supream , and choose another . Let the nobles take heed they drink not in this Man's doctrine : for if they arrogate to themselves a power to oppresse , pillage , plunder , murther , Massacre , their vassals , ( as this man pleads for such power to the King , without control ) I fear their vassals let them know they are not slaves . 3. What a poor Politician is this ? He speaks this , to move them so much the more to owne the King's cause , but who seeth not , that he is either a false or a foolish advocate for the King in this matter , for if the King get no moe on his side but the Superior Lords , & if all the Vassalls and Tennants be against him , he will have the weaker party by farre , on his side . 4. I would desire Nobles & all to take notice of this , that he would here seem to give to the king , as much power over them and all the lands , as Masters have over their Tennants , who have their lands only from them upon certaine conditions , and may be removed when these conditions are broken . 5. What a fool is he to put Tennants and Vassals together ? doth he not know that Lords have more power over their Proper Tennants , then over their Vassals ? 6. Doth he think that Servants may not in some cases be above their Masters ; a noble man's son may be an apprentice to a very meane man ; But thinks he that Servants will get no action of law against their Masters , or if there be no law or judge , over him and his Master , he may not defend himself , against his Master's unjust violence ? 7. As for the subjection of parents to Children it is impertinent in this case , as shall be shewed in due time , and yet we know that the father hath been a subject , and the son a King over him , and we know also that , in case of necessity , the children may defend themselves against their father taken with a mad phrenzy . Then he adds [ This truth we must cleave to , that in one and the same civil society , where God hath appoynted Rulers and Ruled , Subjects cannot without sacrilegious intrusion and contempt of God , snatch the sword out of the Magistrates hands to punish him with it ( though in some partilars he abuse it ) neither can a war intended for this end by meer , private persones , be lawfull against their head or heads . ] Answ . We may let him cleave to this truth , and this truth cleave to him , and be no losers : for we speak not of Subjects taking the sword of justice to punish the King ; we speak of no warre raised by the subjects for this end : we plead only for a power in private Subjects to defend themselves , in cases of necessity , against their head or heads , ( and he , nor none of his party , have the forehead to deny this to be lawful in some cases ) especially if the Magistrate abuse his power , not in some particulars only , but in many , and in many maine particulars , if not in all . Having thus cleared and vindicated the 6. thing . The 7. And last is this , which followeth also from the former : viz. That when the Prince doth violate his compact , as to all its conditions , or as to it 's cheef , maine , and most necessary condition , the Subjects are de Iure free from subjection to him , and at liberty to make choise of another . The very nature of a compact doth clear this : For it is absurd to say , that in a mutual conditional compact , one party shall still be bound to performe his conditions , though the other performeth none of his conditions , or performeth not the maine and principal one . It is absurd to say , that when one hath given a benefite upon a certaine condition , that he is still bound to bestow that benefite , though the condition on which he promised it , be no way performed . Were it the rational act of rational creatures to set up Soveraignes upon these tearmes ? or to say , wee choose thee , to be our Soveraigne upon condition thou rule us according to justice and equity , and not tyrannize over us , and yet we shall always hold thee for our Prince and lawful Soveraigne , Though thou should transgresse all lawes of equity , humanity , and reason ; and deal with us as so many sheep , kill whom thou will , for thy sport and lust , &c. will any body think that rational men would do so ? The law tells us L. si fund . c. de pactis , &c. That cessante causâ , propter quam res est data , pignus debet reddi . Before we come to draw our arguments from what is said , we shall first roll out of our way what this Surveyer speaks further against these Covenants , Pag. 88 , 89 , 90 , 91 , 92 , & 93. He hath five particulars which he toucheth on . The first is this , [ It is easily conceded ( sayes he ) that there is a mutual obligation betwixt Magistrats and Subjects , to mutual dutyes , which is indeed essential to the constitution of the politike body ; but his obligation ariseth not from any tacite or expresse Covenant betwixt them , but from the ordinance and will of God , enjoyning them these dutyes in these relations , in that society , wherein they are combined . ] Answ . 1. Subordinata non pugnant . This mutual obligation may arise both from the Law of God , and from the Covenant , without any repugnancy . 2. If this obligation arise only from the Law of God , neither partyes shall be formally obliged unto other , but both obliged only unto God ; and yet we heard himself say Pag. 100. that [ Where a Covenant is made betwixt a King and a People , that the Covenant on the King's part , binds him not only unto God , in relation to the People as the object of the duty , but doth bind him to the People formally . ] Now , whence ariseth this formal obligation , if not from the Covenant ? 3. By this meanes the obligations of fidelity in the subjects unto their Princes , have no rise from their oath of allegiance , which he elsewhere calleth Foedus unilaterum . 4. To what purpose then are Covenants and compacts made , If by vertue of these , each party be not formally obliged unto other ? For if David's Covenant with the People of Israel laid no obligation upon him , he could not be said to have made a Covenant with them , more then with the Phalistimes , and yet the Scripture tells us , he made a Covenant with Israel : And King Ioash made a Covenant with the People . 5. I do not well understand , how an obligation to future dutyes can be called essential to a constitution , which neither floweth from the constitution , nor giveth a being to the constitution . 6. Againe , if there be no obligation unto these mutual dutyes , until there be a constitution by compact , and if then the obligation be essential , how is it imaginable that the obligation shall have no subordinat rise from the constitution ; or compact whereupon the constitution is founded ? The 2. thing he sayeth , is , That though this obligation be mutual , yet is it not conditional , and how proves he this ? [ There is ( sayes he a mutual obligation to mutual dutyes betwixt Parents and Children , but it is not conditional , that if Parents be undutiful , Children shall be loosed from their duty , or on the contrary . ] So is it ( sayes he ) betwixt King and People , and the citeth Calvin . Inst. Lib. 4. Cap. 20. § . 29. But it is easily answered . That there is a vast disparity betwixt the rise of that relation , which is betwixt King and People , and that which is betwixt Father and Son : And this being once discovered the parity disappeareth : And 1. Subjects come not out of the loyns of their King , as Children do out of the loines of their Fathers . 2. The Son createth not the Father as the Subjects create the King. 3. Yea Children do not so much as give their consent that such an one shall be their Father , before the relation have being , yet Royalists will grant this much , unto the People , in relation to their King. 4. The relation betwixt Father and Son hath no dependence less or more upon any act of will in the Son , or upon any Covenants , Agriements or Compact , expresse or tacite , betwixt the Father & the Son , it is not so as to the relation betwixt King and People ; for before this mutual relation arise , there must be a constitution , and this constitution includeth , at least , some act of the will in subjects , some previous consent . 5. This relation can never cease , so long as both are in life , but the other may , by a Subject's chooseing to live under another Soveraigne . 6. Let the Father do what he wil , the relation betwixt him and his Son shall never be loosed or weakened . But the greatest Royalists will grant , that in some cases , the King may be made no King , and his relation either wholly taken away , or much diminished . So then the consequence is null , that because Children are not bound to their Parents conditionally ; therefore Subjects are bound conditionally to there Prince : For Children have no hand in making up that relation , betwixt Parents and them ; their consent is not so much as required ; but in making up the relation betwixt King and Subjects , there is a previous compact , required , in which compact , the People have their great share : Children give not paternity unto their Parents ; but Subjects give the Kingship , at least instrumentally , under God ; and they set up Kings , when they might set up Nobles , and set up his Man , when they might have set up Another , can Children do so ? How then shall the case be alike , And the one be no more conditional then the other ? Next , as for Calvin we willingly with him grant , that Subjects are to obey evill Magistrates , and to do their duty to them , though the Magistrates should come short of theirs , as Wives , & Children are bound to love and be Subject unto undutiful Husbands and Fathers . But Calvin will not say , that in no case a Wife is loosed from Subjection to her Husband : adultery and wilful desertion will give ground for a divorce , and that sayes that the Wives subjection is not absolute , but conditional ; though we say not , that every breach of some of the conditions , looseth the obligation . Neither will Calvin . say ' That in no case , the Soveraigne may be opposed or resisted : or , that in no case the obligation can be loosed ; for ibid. § . 31. He granteth liberty to the Estates of a Land ( whom yet our Surveyer putteth in one category with private Subjects , ) to stand for the libertyes of the People against the rage and Tyranny of Princes , Yea he sayeth they are bound to do so , as they would not presidiously , betray their trust . The 3. thing is , that [ the fancy of a tacite virtual natural Covenant betwixt King and People , overthrows the distinction that all sound protestant Divines and Politicians make , betwixt a limited or pactional Prince and an absolute Prince , or one who is integrae Majestatis . ] And then he citeth Rivet . in Psal 68. Gerhard de Magistratu , Pag. 13 11. mihi ( or 935. ) And therein , he sayes , they agree with Calvin in the place cited . Answ . That there are absolute Princes de facto , who come to the Soveraignity by false and corrupt meanes , or by conquest , we deny not , but we are speaking of Princes , de Iure , and of Princes set up by the People , which is only to our purpose . It is true , Rivet ( a very short sum of all the sound Protestant Divines , though he joyne Gerhard with him too , who is but Lutherian Protestant , and for his Politicians we see none ) make use of such a distinction , but assert not positively that such an absolute Prince is lawful . Calvin maketh use of no such distinction , and if they agree with him , they say no more then he sayeth , and what he sayd , we have heard . But sayes our Surveyer it is [ False to say that an absolute Prince is contrary to the Word of God : for as our Lawes allowes our Kings to be ahsolute , in expresse tearmes Jam. 1. ( he should say Jam. 6. ) Parl. 18. Anno 1606. ] Answ Our Lawes and especially of that Parliament , and the like , are evil proofs of what is Iure Divino , or not contrary thereunto . But of that Supermacy granted to the King , by that act and others , the Apology hath spoken enough . Furder he addeth , [ So the Scripture is not against an absolute Prince , as our Lawes and we understand him ? ] But how is that ? May he Rule as he lifts ? No , for [ He is subordinate ( sayes he ) unto God and his Lawes , and he ought also to walke according to the particular good Lawes he hath made with consent of his People . ] This is more then other Royalists would grant to us , for he acknowledgeth him not only not above the Law of God , but also not above the municipal Lawes , and consequently not above the fundamental conditions of the constitution : And we are sure in this , This King hath fowlely broken , whatever he doubt of . But how is he absolute ? [ He is absolute ( sayes he ) that if he deviate he is not under coactive power of Subjects , that they should have Law-claime against him , and in their courts of nature and necessity , pronounce judgement upon him , to destroy him , far lesse that by vertue of this supposed tacite Convenant , any minor private party of the People , may pull King and all Magistrats out of their seate , punish them , and possesse themselves in their roomes , as Naphtaly sayes ] Answ . What he layeth to Naphtali's charge shall be considered afterward . 2. To say that Subjects have no law claime against a King , who breaketh the maine and principal condition , or all the conditions of the Covenant made betwixt Him and the People , is to destroy the nature of the mutual compact , made between Him and the People as we have shewed . 3. By this it seemeth all the absolutenesse that he sayes is due to the King , is , that he is from under the co-active power of Subjects , but though this were granted to him , ( which yet we cannot , because of what we have said already ) we should suffer no losse , as to our intendment : for if this be all his absolutenesse , then he may be withstood , and resisted ( though not brought to the barr ) even by private subjects , when he contraveeneth his principal conditions , and breaketh Covenant unto his people : and this is all we contend for . The summe of what he sayes in the 4 place , is this [ Where there is freedome of Election ( as in Germany and Poland , where there is but personated and painted Kings ) there may possibly be expresse limiteing conditions allowing some to coerce deviating soveraignity . But in all proper Monarchies , there is neither tacite nor expresse Covenants impowering any to be judges over the King. Some Kingdomes are attained by a conquest in a just warre ( which is a sufficient title ) & this power being hereditarily transmitted , the successours receive power from the Parents and not from the People , nor is there any shaddow of tacite or expresse Covenant in this matter . ] Answ . 1. If he be not well pleased with what Lex Rex hath said , concerning conquest giving a sufficient title to crownes , he should have considered and answered the arguments there made use of , and not jejunely have told us he is of another judgment ; for they are either fooles , or mad who will beleeve his bare word , better then the worthy author of Lex Rex his assertions baked & confirmed with many solid & unanswereable arguments , 2. This though true , speaks nothing to our purpose : for we supposed always that our Kingdome was not founded upon a conquest , and we never heard any say it was , till this unnatural abject arose to speak non sense , of which more presently : We never heard a King challenge it upon that account , nay , nor say that our Kingdome was ever conquered by any of their predecessours , except King Iames , who in his basilicon doron , allaiged that Fergus the first , was a conquerour , contrare to the testimony , of all approven historio-graphers : what meaneth the large long roll of the King's predecessours , that is read over at the coronation ; doth any of our lawes speak such a thing ? or do they found his absolute power upon such a dreame ? It would seem the cause is desperate and gone , when he can get no other bottome to his absolutenesse , but a fiction of his distempered braine , which may deservedly make him odious to all true scottish men , and may ( and possibly will ) make his cause odious also , to all who are acquanted with the true , genuine and ancient constitution of the Kingdome . 3. This ravv . Statist exscreats his raw notions , as he pleaseth , but they must be rude and unskilful in this matter , that will think to digest them . He tell 's us that the Emperour of Germany and the King of Poland are but painted Kings , and Monarchs , and to confirme this , tels us that , there are no Monarches , or proper princes , but such as are absolute : What will then become of the Distinction , of all sound protestant divines and polititians , which he mentioned in the preceeding page ? Do they think that all the limited and pactional princes , are but cyphers , or as painted men are men , so are they but painted princes ? Sure none of the divines he named take such princes for no true princes . 4. If in proper Monarchies , there be such Covenants and compacts tacite or expresse , which will gave a law claime unto the Subjects against the King , and a Ius against him , as a formal transgressour of his Covenant made with them , and liberate them from subjection to him , we could have enough for our businesse , though it should be granted , that there is no Covenant impowering others to be his judges . Though it should be granted ( which some politicians Doubt of ) that in Kingdomes purchased by conquest , the power haereditarily transmitted , should be received from the parent , and not from the people ; yet in kingdoms founded upon a lawful and free constitution , the successour , ( as we shewed above ) hath his power not from his predecessour , but from the constitution , or the people condescending upon the constitution , But he thinks to obviate all this by what he sayes in the 5. place viz. That our Kingdome is not founded on any such Covenant , but rather on a conquest , of which he giveth five remarkable instances . The first is , That Fergus the first , was not admitted upon conditions , but the Subjects , by their oath confirmed the Kingdome to him , and his posterity : and that the black book of pasley sayes , Fergus made himself King. Answ . 1. What that black book of pasley ( which neither he nor I ever saw ) sayeth , is not worth the inquiry to search , Seing all other historians , such as Iohn Fordon , Iohn Major , Boëthius , Hollanshade , beside Buchanan , say , that he was freely chosen by the People . And the story tells us , that he was then in Irland , when the Scots sent for him , how could he then make him self King ? 2. If he had been a conquerour , he might have transmitted the Kingdom unto his sone , without the consent of the People , and yet we see this was not done ; yea we finde that the People would suffer none of his sones to enjoy the place after him , because unfit for government , but made choise of a third person : and when his eldest son did afterward challenge the Kingdome as his owne , he was made to understand himself better . 3. It is true Buchanan mentioneth no oath of the King , but that will not say , that there was no compact betwixt Him and the People , There might be conditions communed and condescended upon , though the King was not put to sweare them . But however , that there was an implicite and tacite Covenant , at least , betwixt them , Is cleare from the oath of the People confirming the Kingdome unto him ; for it sayes that all the right he had unto the Kingdome , was from the People , and that he could not be secured in it but by them , and seing they gave him the Kingdome , and did secure him in it , Nature and Reason will say , that it was upon good tearmes , particularly , that he and his should not tyrannize over them , but should rule them aright : and though there be no written contract concerning this , extant , yet their constant after-practice doth abundantly cleare it ; for , though they confirmed the Kingdome by oath to him , and his posterity yet their chooseing of Feritharis his brother , passing by both his sones , sayes , that this condition was tacitely understood , viz. provideing that they , should be able for government and to discharge the place , and accordingly they did then establish it , in a standing law for time to come : and after this manner , and according to these tearmes did choose their Kings until Kennethus the third , by force or fraud , obtained a change . So their taking course with such of their Kings , as did tyrannize , sayeth , that this was an other condition of the compact , viz. That they should not tyrannize , but governe righteously : Thus we see these after practices are cleare standing commentaryes , sufficiently explaineing the nature and maine conditions of that compact . His 2 instances : is of Fergus the second , the 40 King. [ Who by his valour , under the conduct of divine providence , & by the help of Danes and others , with some small remainder of Scots , recovered the Kingdome and was not beholden to the People for it , nor had it by paction with them . ] Answ . Buchanan tells us , that he was called home ad regnum avitum suscipiendum , to take upon him the Kingdome which belonged to him , according to the ancient constitution , as being of the family of Fergus , and then giving proof of his provvesse , and ability for government , and accordingly being then in Scandia or Norway took the offer , and came home , accompanyed with the banished Scots , and some Danes : and after he came home , after the wonted custome , more patrio , he was created King by a Parliament ; for , comitiis peractis , the Parliament being ended , he falleth about his work , and at length freeth the Kingdome of its adversaryes : Now , how can he be accounted a conquerour , obtaineing his right to the crowne by conquest , who had it by a faire , free , and full call of the People , who might have chosen any other of that race , that had been remaineing , and qualified for their purpose ? This is strange doctrine , to say , that every Prince who cometh to his Kingdome , by the free consent of his People , in a troublesome time , because that through their help and concurrence , he freeth the land of Enemies , and restoreth peace to the inhabitants , is a conquerour , and hath no right to the Crowne , but by his sword . He will not say that every conquest will give a just title , but a lawfull conquest , now what right had Fergus to conquere these adversaries ? What title or claime could he lay to that crowne from whence he and his forebears were banished or constrained to flee , if not by the ancient grant made by the People unto Fergus the first and to his race ? So then , his right was not obtained by the sword , but only the peaceable possession thereof , and the practice of the people afterward when his son Constantinus came to reigne , and turned vitious , declared whether they looked upon this Fergus the second , as a Conquerour , and upon what tearmes he and his successours had the crowne : for because of his vitiousnesse , and refuseing to amend his manners , when admonished by the Nobles , they were almost at waging war against him and of revolting from him , had not Dougall of Galloway disswaded them . His 3 instance is Kenneth the first the 50 King ( He should have said Kenneth the 2 the 69 King , for Kenneth the first died within a yeer after he was made King. ) [ Who destroyed the picts , and enlairged his Kingdom by the accession of theirs , purchaseing more and better lands , then he had before , which he distributed to his Subjects , he held not his purchased Kingdome of them by contract or paction ] Ans . What right a Prince hath unto lands , which he purchaseth by conquest or war , is not the matter of our disput , but what right Kenneth had to the crowne . Now , sure it is that before this conquest made , he was crowned , upon the same ground , that his predecessours were : his future conquest , then uncertaine , could not alter the ground of his receiving of the crowne , when his father Alpin died 2. What ever superiority , he might challenge over these Subjects unto whom he gave these new conquest lands , it had no influence upon his holding of the crowne : and that his very next successour and brother Donald knew , who being given to his pleasures , lost a noble victory which they had obtained over the Englishes , and after he returned from captivity , following his old life , was cast in prison by his owne Subjects . And his Son knew it also , for he was put by the crowne conforme to the old law , until this Donald died . So that notwithstanding of all this new purchase , the people knew that the conveyance of the crowne did still run in the old channel , and was held of them after the old tenor . His 4. Instance is of Robert Bruce , whom our Lawes of Regiam Majestatem call Conquestor Magnus , [ He re-conquered the Kingdom after the Nobility of Scotland had first at Berwick , then at S , Andrewes , in plaine Parliament , sworne homage to the King of England , who will assert there were pactions betwixt him and the People ? ] Answ . We know out of History , what a miserable condition the Land was brought unto , through occasion of that division and sad disput that was in it , concerning the nearest in the line : and this was the bitter frute , that Scotland reaped of the change of that laudable custome established near the beginning of he constitution ; whereas had not that been changed in the dayes of Kenneth the third , the fitest person to governe might have been chosen , and that had prevented all this confusion and misery , which the Land was brought unto . 2. Though Bruce at length recovered the Kingdome , yet he received not his crowne upon that account , but before he attempted it's recovery , out of the hands of the Englishes , he was crowned King at Scone , in Aprile 1036. and there received the Kingdom from the Scots , upon the old account , and according to the old tenor . 3. Though he be tearmed a great conquerour , as having recovered the Land , out of the hands of the Englishes , as if it had been a conquest , when as it was really , but a recovering of what , he was bound by his place and power , to recover ; yet we never finde that he claimed a right to the Land , upon that ground of conquest , but stood upon the old basis . His fift & last instance is of this King , [ It is known ( sayes he ) our Nation was totally subdued by the English , and continued so , for the space of then yeers , The Representatives of Shires , and Cities , and Townes combined into a Commonwealth government , and sent their commissioners to the meeting thereof at London , where the King's interest was disclaimed ; yet in a wonderful way God brought him in againe , and finding us at his coming , a fully conquered and subdued nation , restored us to our freedome , from the bondage of forraigners . ] Answ . 1. Through too great haste , he hath forgotten a maine particular of this Instance . Before we were totally subdued by the Englishes , the King was crowned at Scone in as solemne a manner , as ever any of his Predecessours , except that he was not anoynted with holy Oyle , nor gote the Pop's benediction ; and while crowned , was solemnely engaged to the People by Covenants , vowes and oathes , to defend Religion according to the National Covenant , and Solemne League and Covenant , and to prosecute the ends of these Covenants , and upon these conditions took his Crowne and Scepter : Were we a conquest then ? 2. Ay but we were conquered afterward , and our Representatives disclaimed the King's interest . But how many were there of these Representatives ? And had these Representatives power & commission from the Land , to renunce his Interest ? Or were these all accounted Enemies to the King ? How is it then , that so many of them are now accounted his most loyal Subjects , and more loyal then such as suffered much , because they would not take that Tender , disclaming his interest ? how comes it , that that Arch-knave Sharp ( sufficiently now knowne by that name and notion both to King , Court and Countrey ) who was the only Minister ( so far as I know ) in all Scotland , that took that tender , is advanced unto ( in stead of a gallowes ) an arch-prelacy , and primacy ? But 3 when the King returned , did he make a re-conquest of us ? what meaned then that compact betwixt Monck and the Nobles and others of Scotland , whom he sent for , unto the borders , and to the end he might more closely carry his businesse , made them all to abjure Charles Stewart and his interest ( a sad presage of what would be our Epidemick distemper , when our change or turne begane with manifest perjury ) did he not a acquante them with his designe ? and had he not their concurrence ? and if he had wanted this , and had thought that Scotland would have been an adversary unto his designe , would he or dursl he have attempted it ? 4. What way did the King restore us seing ( if he would speak the matter as it was , it was Monck that restored him and us both , as to any restauration we gote : vvere not vve and he restored together ? What did he for our restauration ? vvas He not as passive as we were and some what more ? 5. Hence then it is false that he found us at his coming a fully conquered and subdued nation . He rather left us so , as found us so , for we were restored , to what we gote pari passu , vvith himself . 6. It is true at his coming ( though not by him ) vve vvere freed from the bondage of forraigners , but as for the freedome we vvere restored unto , vve are yet ignorant of it , and see and feel heavier bondage both as to Church and State , then vve did under strangers of forraigners . But he addeth . [ If any will say , That it was upon his account the Nation was brought to the suffering of that bondage ; and that there did lye bands upon him , as our sworne King to free ws , when he should be in capacity to do it . It may be answered . 1. It is knowne that when the fa●al stroke that sunk us into bondage was given , there was an expresse disowneing of his right , by publick judicatories of the land , in the quarrel with the English Sectaryes , before Dumbar . ] Answ . He should first have removed this objection . It was upon the Kings account that the English army did invade us : had we forborne to have sent commissioners to have called Him home , The Englishes would never have invaded us : for that was their only quarrel ; Because we had taken the Head of the Malignant faction Into our besome : and so , had we for-borne to have owned his quarrel , we had neither been invaded , nor subdued by them , and there had not been so much of our blood shed , as there was . And is this all the thanks that now we get for our vast expence of blood , oppression , and Ten years bondage , that we must be declared a conquest and a subdued Nation ? 2. It is a manifest lye ▪ to say that his interest vvas expresly disowned by the publick judicatories of the land , before Dumbar fight : for that act of the West Kirk ( to vvhich I knovv he looketh ) vvas not an expresse disovvning of his interest , as may be seen by the act it self , which was as followeth , [ Westkirk the 13 day of August . 1650. The commission of the Generall Assembly considering , that there may be just ground of stumbling from the King's Majesties refuseing to subscribe and emit the declaration offered unto him by the commmitee of Estates , and commissioners of the General Assembly , concerning his former carriage , and resolution for the future , in reference to the cause of God , & Enemies & Friends thereof ; doth therefore declare that this Kirk and Kingdome , do not owne nor espouse any Malignant party or quarrel , or interest ; but that they fight meerly upon their former grounds and principles , and in defence of the cause of God , and of the Kingdome , as they have done these twelue yeers past , and therefore as they do disclame all the sinne and guilt of the King , and of his house ; so they will not owne Him , nor his interest , otherwise then with a subordination to God , and so far as he ownes and prosecutes the cause of God ; and disclaimes his and his father's opposition to the work of God , and to the Covenant , and likewise all the Enemies thereof ; and that they will with convenient speed take in consideration the papers lately sent unto them from Oliver Cromwel , and vindicate themselves from all the falshoods contained therein , especially in these things , wherein the quarrel betwixt us & that party is mis-stated , as if we owned the late King's proceeding's and were resolved to prosecute and maintaine his present Majesties interest , before and without acknowledgment of the sinnes of his house , and former wayes , and satisfaction to God's People in both Kingdomes ] Which when the committee of Estates had seen and considered , they did approve the same , and heartily concurred therein : and what could this honest and most seasonable declaration import , but only that if the King would not by a declaration , acknowledge his sorrow , for his , & his father's carrying on a course destructive of the work of God , and his renunceing of the Malignant interest , and all who would owne the same , and his purpose to adhere unto the Covenants , they would not espouse a Milignant quarrel , but fight upon the same grounds and principles , that they had done for twelue yeers before , aud only owne him with a subordination to God , and in so far as he did owne the cause of God , and renunce Malignancy and Milignants , and that they vvould take into consideration Oliver Cromwel's papers , for their ovvne vindication , and clearing of the true state of the quarrel , Which vvas necessary , before they did engage in fight ? And vvould this Malignant Gnatho have had the Land and the publick judicatories thereof , contrare to their Covenants , & many Purposes , Resolutions , Vowes & Engagements , postponing Christ's interests unto man's and hazard Religion , Libertyes & all , for one , who would not declare himself a friend to Christ , and his interest ; but would persist in a stated opposition to Christ and his cause ? 3. But let him make of this , what he will , sure his interest was owned , when he , upon second thoughts emited that declaration at Dumfermline upon his refusal of which , this act made at the Westkirk passed , and this was before Dumbar fight . So was his interest sufficiently owned , with the subordination requisite , when he was crowned , which was not very long after that stroke a Dumbar , and after vvhich vve gote blowes enew , and vvere redacted at length to bondage . What sayes he next to this ? [ 2. What ever engagements were upon him for the good of the Nation ; yet if these mens principles were to be followed they could have had no force on him , to move him to labour our vindication into liberty , for do not they teach that in the mutual contract and Covenant betwixt King and People , the People are loosed from their duty , if the King fail in his , frangenti fidem fides frangatur eidem ; and why then in not the King loosed , if the people fail on their part ? It is known that ( although the Nobles and body of the people were well enough affected to the King , and cordially loved him , when they were over powered and could do nothing ) yet by their Representatives , he was disowned ( which in law would be rekoned their owne deed : and if a sworne people deserte and disclaime their King by their Representatives , may not the King also have the benefite of the conditional Covenant , and leave them as he found them in bondage to forraigners . But such was his Majesties graciousness and wisdom as well as conscience of duty , that although the Nation had failed much to him , he would not walk after the counsel of these men ? And we may ( all things considered ) assert that the people of Scotland do rather owe their liberty to him , then he doth owe his authority to them , or by virtue of any Covenant with them . ] Answ . 1. By vvhat he hath been formerly saying , and by the instances vvhich he hath brought , vve see vvhat is the scope he driveth at , viz. To have us novv a formal conquest , that so the King may tyrannize over us , and deal vvith us , as he seeth good , jure conquestus , as being novv free from all bonds and obligations , vvhich ever passed betvvixt Him and the People . For the fift particular which he undertooke to cleare by these five instances , was , that the constitution of this Kingdome neither was , not is , founded on a Covenant betwixt King and People : and yet we see the poor man so straitned that he knoweth not what to say : He would saine loose the King from all Bonds and Covenants , and former obligations , and yet he dar not positively and clearly assert it , but only sayes if the King would follow our principles , he would account himself loosed from all : but unlesse , he assert it , clearly and positively , that the King , is really loosed from all his former obligations , he speakes nothing to he poynt , but must grant , that at least as to this King , the constitution is founded upon a conditional Covenant ; and though we should yeeld all therest , if he grant this to us , we need desire no more , for all our Ends. But 2. in good earnest , let him tell us , Whether the former engagements which were upon the King at his coronation , be loosed or not ? If they be loosed and made null , because of what these supposed Representatives did : Then 1. we have a new ground of dissolving the sacred obligations of the Oaths and Covenants , which the King made with God , and with his People , which was not thought upon till this needle-headed man did invent it . The King himself at his returne , gave no such ground . 2. If he think that these Representatives ( having no expresse commission to renunce Charles Stewart and his interest , from the land ▪ did break their allaigance , why did not the King execute the law against them as traitours ( as he did against some under that pretext , but really for their faithfulnesse to the Covenant , as is made out by the Apologist ) why did he seem to approve what they did , by Countenanceing them so much , as he hath done since his returne ? 3. Doth not himself say that the Nobles and Body of the Land were well enough affected to the King , and cordially loved him , when they were overpowered and could do nothing ? Sure then the land did not break , vvhatsoever some men did . Ay but , sayes he , in lavv this vvould be reckoned their deed . Very hardly , since they gave no commission for such a deed . If he say that they virtually gave such a commission , in that they sent their commissioners unto the commonvvealths Parliament . It may be answered , that not only that was a constrained and extorted act , but , that as matters then stood , no lavvyer , no politician , nor divine vvould condemne such a deed as sinful or unlavvful , or as prejudicial to the Kings interest , to send commissioners to a meeting , at command of the Conquerour , to labour for a mitigation of their bondage , and for proposeing some things for the good of the land , vvhen their ovvne King vvas banished from them , vvithout all hope of a returne , and they , for his sake , vvithout any treachery or perfidy in them , reduced to a state of bondage . 3. But since the King at his returne laide claime to no nevv right , but stood upon the old ground , and upon this account vvas crovvned in England vvhere he had not been crovvned before , and vvas not crovvned in Scotland , because he had been crovvned there formerly , all these quircks are to no prupose : for the King returning upon the old claime , acknowledged the former constitution , and re-assumed his auncient Kingdome upon the same tearmes he did before , which is also furder confirmed by the act of indempnity , which he passed ; and other acts and deeds , which weer needlesse now to mention . 4. We shall easily grant , that when a sworne People desert and disclaime their King by their Representatives : The King also may take the benefite of the conditional Covenant and leave them . and so might King Charles have done , and never owned us more : and if he had done so , and gone to some other part of the world , to have spent his dayes , as some would not have been grieved , so , I think both lawyers and divines would have thought him loosed from his obligation to the people , though not wholly from his obligation to God : But now since he did not so , but took the first occasion that was feisible , and returned to his old station and relation , all the old bonds and engagements , which he took in these relations , recurred with their former force and vigour , and he became no lesse bound then ever , yea , before the Lord , rather more : because the goodnesse of God in restoreing him without blood , should have engaged his heart so much the more unto God , & to his former vowes and Covenants . 5. What way he laboured our vindication into liberty , I know not ; and if it be his Majesties graciousnesse and wisdome , as well as his conscience of duty , that would not let him walk after the counsel of these men , ( as he sayeth ) many think that we are yet to see these commendable dispositions ; for the effect mentioned is not visible : for after the counsell of whomsoever he hath walked , sure we are , he hath broken the Bonds and Engagements which he took on him , both before , and on the day of his coronation : He hath rejected the Covenant , which he made with God upon his knees , with his hands lifted up unto the Most High , and overturned that which was the Chief of our fundamental lawes , or tearmes of our constitution , as we see this day : and this is knowne , that of these who are most injured by him now , and presecuted , there were fewest that failed to him in that day ; and therefore his graciousnesse and wisdome and conscience of duty , should have caused him remember these , who could not , out of conscience of their obligation to him , by vertue of their Covenant , take that Tender , which , others , to save themselves from a little suffering , swallovved dovvne vvithout much difficulty ; and not have made them the objects of his ire and indignation , as he hath done , and is doing to this day . 6. He tells us , that He may assert , that the People of Scotland do rather ovve their liberty to him , then he his authority to them . But vvhat this bold assertor sayeth , is not much to be valued ; vvho these People of Scotland are , vvho ovve their liberty to him , I knovv not , unlesse he meane the abjured Prelates , and their base naughty , scandalous Underlings , the scumme of the earth , the shame of the Church , and the disgrace of the Ministry , who novv have freedome from Church-Discipline , and civil censures , and license to corrupt the vvord of God , to destroy soulls , to tyrannize over consciences , to oppresse the People , to inslave the subjects , and to lead back the People into Egypt : And the dyvour Lords and others , vvho because of their licentious , luxurious , sensual and brutish lives , vvhich they lead like so many Epicures , having devoured their ovvne Estates , and are novv so drouned in debt , that if the poor could have but liberty to seek their ovvne , and if justice vvere running like a streame , durst not be seen , must novv have acts made in their favours liberating them from the sentence of the lavv , and allovving them to presse upon their creditours , the most barren , frutelesse , and uselesse of their lands , and that at tvventy years purchase , after they have by manifest iniquity , vvithheld aught yeers annualrent , vvhich is near the equal half of the principal summe ; and such others acts of that nature . Is this the liberty he talkes of , That a fevv shall have liberty to drink avvay and vvith debauchery , destroy the substance of the land , and vvaste it upon vvhores and cups ? If these ovve that liberty , unto him , I am sure he vvill have little reason , ere all be done , to ovve his standing unto them , When the anger of God shall beginner to kindle , and his vvrath shall be revealed from heaven against all ungodlinesse and unrighteousnesse of men . But lastly , vvhat if vve should grant him , vvhat he dar not in plaine tearmes require : viz. That the King ruleth over us novv jure conquestus ? Sure he must then be Tyrannus sine titulo , a Tyrant vvithout a title : for his old title , being gone and expired , he had no nevv title vvhereupon to ground the lavvfulnesse of his conquest , and therefore by his scope and drift here , he proclaimeth a liberty to all the People of Scotland to carry tovvards him , as an usurper ; to seek to dethrone him , and to cut him off : for Polititians vvill grant that a Tyrant vvithout a title may be so dealt with : And thus vve fee that if he loose the old fundations , he shakes the throne more then he is a vvarre of ; And as in many other things through this pamphlet so in this , he doth his Master no good service , notvvithstanding of the great fee he hath gote for his paines . The summe of what followeth , Pag. 92 , 93. is this [ That none before King James 6. did at their installing enter into Covenant with the People , ( except what one sayeth of Gregory the great , who swore to defend the libertyes of the Christian Religion , &c. which then was Popery ) and neither did King James himself do it , but only Morton and Hume in his name promised somehing like it ; nay it is doubted , if King Charles the first did sweare that oath , of if he did , he was the first , and yet he was aught yeers our King before , and it is to be beleeved on good ground , that if he had thought his taking of that oath , should have subjected him to the coactive and punitive power of the Subjects , in every case , wherein they or any party of them ) being meer private persons ) might think him deficient , he would rather have endured any death . but it shall be avowed , that he did never shrink from the observation of that Godly oath , neither hath his Majesty who now reigneth swerved from the observation of that oath hitherto , and we are hopeful , God's grace shall preserve him hereafter , from any such thing . ] Answ . 1. We cannot expect that Buchanan , studying much brevity , would set downe all the formalityes that were used at the coronation of the Kings , he only satisfying himself with a series of the succeeding Kings , and with a relation of some of the most remarkable passages : And therefore , it is no good argument to conclude that no such thing was ; because he doth not make mention thereof . 2. other historians name some other Kings beside that Gregory , who tooke an oath at their coronation , as Corbred the 21. King , who swore se majorum consiliis acquieturum . That he should be ruled by the counsel of a Parliament , whom he accounted his Superiours . So in Macbethus his dayes , it vvas ordained by the Estates , that the King should sweare to maintaine the community of the Realme . 3. Whether they did actually sweare an oath at their coronation or not , it is not much to the matter ; for a virtual and implicite Covenant will ground all which we desire , and that there was this much , cannot be denyed , seing Kings , who could not reigne , was layd aside ; others who corrupted government , were pursued , sentenced , punished , imprisoned , and killed in battle , or otherwise made to promise amendment ; And seing we finde bonds laid upon Kings , as that in the dayes of Finnanus the 10. King. [ That Kings thereafter should do nothing of any great concernment , without the authority of their publick Councel , and should not rule the Kingdome according to the Counsel of his Domesticks ; That he should manage no publick businesse which belonged to the King , without the advice and conduct of the Fathers , and should neither make peace or war , enter into Leagues , or break Leagues by himself , without the concurrence and command of the Fathers & Heads of tribes . ] This was a fundamental Law of the Kingdome , and all who accepted of the crowne thereafter must have accepted it upon these tearmes , though they had not been in plaine tearmes expressed , So Durstus his Successour did sweare the same , and therefore in Mogaldus the 23. King his dayes , this is called the ancient custome , for he ad consilia Seniorum omnia ex prisco more revocavit , did all by a Parliament according to the ancient and received custome : And because Conarus the 24. King neglected , or refused to follow this received custome , he was cast into prisone ; So that the not observing of these conditions made them obnoxius unto the coactive power of the People . So was Romachus censured by the Parliament for the same crime . So we read of many others censured for their misdemanurs as Constantine the 43. King , Ferchardus the first the 52. King , Ferchardus the 2. the 54. King , Eugenius the 62. King , Donaldus the 70. King , all which instances & many such like , do abundantly cleare that the Kings of old were under bonds and obligations , if not explicite , yet tacite unto the People . 4. Whatever can be said concerning the ancient Kings ; yet now it is past doubt that all our Kings are bound to sweare an oath at their coronation , and so are under conditions and Covenant-tyes and obligations , and this is enough for our present purpose . 5. It was thought suffificient in point of formality & legality that the Earle of Mortoun and Hume should sweare in name of the King , at this coronation . [ That he should observe the Lawes , and according to his power should preserve the doctrine , and rites of Religion , which were then taught , and publickly received , and oppose himself to all which was repugnant thereunto . ] And this was the very summe of that oath , which was afterward concluded in Parliament , to be received by all Kings at their coronation . And the reason why they did not put King Iames to that oath thereafter , was because , he was but once crowned , and the oath was to be sworne at the coronation : and when King Iames was crowned , It was done by others for him , as is said . 6. Though this man make a question , whether King Charles did swear this oath or not at his coronation , yet it is notoure that he did , and though he beleevet● , that if the King had thought , that his taking of that oath , should have been so far mistaken by his Subjects , as that he should have been thought thereby , to have submitted himself to their coactive and punitive power , in every case , wherein they or any part of them might think him deficient , he would rather have endured any death , then so to have cast himself away , at the pleasure of malcontented partyes , amongst the People , taking advantage against him by that oath : ( all which we may give him good leave , to beleeve , for we assert no such thing ) yet he must suffer us to beleeve also , upon as good ground , That if King Charles had absolutely or peremptoriely refused to have taken that oath , or had said , That he would rule as he listed , and have no regaird to the established lawes ; and whould bring in what Religion he pleased , though it were Machometanisme or Poperie ; or that he did not account himself obliged to the Subjects by any oath he could take , The Nobles and others would have scrupled to have given him the Crowne , and acknowledged him King. And their after practices declared that they looked upon him , as a King obliged by tearmes and conditions unto them : which when he broke , they maintained their right against him , with their sword , when no other meane could prevaile . 7. Though it be true , that King Charles the first was acknowledged King sometime before he was crowned , yet that was with respect to the same conditions , unto which he was , by his taking the place , virtually obliged ; and therefore afterward , when he came to be crovvned , and formally installed , he did also formally and expresly take on the obligation . And vvhether he did ever shrink from the observance of that godly oath , let this perfidious man avovv vvhat he vvill , many vvill assert it as certane , in some poynts , and too too probable in other . 9. But though he should doubt vvhether any King , before King Charles the second , did svveare any oath or Covenant vvith the People ; yet he cannot doubt of vvhat this King Charles the second did : It being being beyond all denyall and contradiction , That he swore both that Oath which was injoyned in King Iames the si●t his dayes ; and also the National Covenant , and the Solemne League and Covenant : and that according to these , the Subjects did sweare obedience unto Him : Here was then a mutual conditional Covenant , explicitly , and in plaine tearmes , with all the solemnities imaginable , entered into : and what needs more to cleare all which we have said , and to ground all which we would inferre , to justify the late action : For as for his vaine inferences , they concerne not us , and more shall be spoken of them afterward . 10. Though this Surveyer be ready to avow that this King hath never swerved from the observation of that oath enjoyed Anno 1567. yet all the World seeth , that he hath not , as he ought to have done , maintained the true Religion , nor right preaching , and administration of Sacraments ; Neither hath he , according to his power , abolished and withstood all false Religions contrary to the same , as appeares by the great indulgence , and toleration , if not countenance , granted to Popery and Papists . Neither hath he ruled us , according to the will of God , but rather persecuted us for adhereing to the Word of God : nor hath he ruled us , by the laudable Lawes and constitutions of the realme , but hath with a packt Parliament , principled to his minde , overturned our lawes & libertyes , & hath framed & established iniquity by a law . 11. But what sayes he to the Nat. Cov. & League & Cov. ? Dar he avow that he hath not broken these ? If he had not , we had not been troubled this day , with a Popish Prelatical and Malignant faction , nor had we seen these abjured and foresworne Prelates , nor had we seen the work of reformation of religion , in worship , Doctrine . Discipline and Government , so overthrowne , overturned and trode upon , as it is this day . 12. So then , seing he cannot deny , but the King took and solemnely swore these Covenants , and that now he hath openly , and avowedly broken them , it is undenyable that he hath broken the conditions on which he was made King : yea , seing these were the maine conditions , and the only conditions considerable , and were become the fundamental law of our constitution , he hath violated the principal and only conditions covenanted , and what we shall hence inferre , we shall now show . Having thus vindicated and cleared the premises , we shall draw out our arguments and conclusions thence , and , 1. If People propose conditions and tearmes unto Princes , to be by them acquiesced in , and submitted unto , and upon which they are to accept their Crowne and Scepter ; Then , if the Prince of King violate these conditions which he once accepted , and contrare of his promise and engagement , destroy what he promised to build up ; The People may very lawfully defend themselves , and these good ends , which they endeavoured to have secured , by proposeing these conditions unto the Prince , when he is seeking to destroy all , even by force vvhen there is no other remedy . But such is our case . The King vvas formally and expresly engaged by Compacts and Covenants to secure the Reformed Religion in Doctrine , Worshipe , Discipline , and Government ; to secure all these vvho owned the same , and adhered to the Covenants ; and to ratify and approve all lavves made for these Covenants , and for the security of such as entered into these Covenants : and novv notvvithstanding of these conditions agreed unto by him , the Covenant and vvork and all is overturned , People persecuted meerly upon the account of their adhereing to these Covenants , all conditions are violated , all Covenants , Vowes , Compacts , Engagements and vvhat could be devised for security of the reformation and of the ovvners thereof , are broken . Who then can condemne even privat persons if they stand to their defence in this case ? See Althusius polit . cap. 38. n. 30. 2. If People may lavvfully and laudably defend the fundamental lavves of the Kingdom , on vvhich the constitution of the Kingdome standeth , and on vvhich the security of vvhat is dear to them as men , and as Christians , relveth . Then the late act cannot be condemned ; because , in defending themselves , they stood for that vvhich vvas the maine and principal tearme of our constitution . But the former is true : because the Prince violating these , destroyeth the constitution , and because He cannot do this as a Prince , having already engaged as a Prince to maintaine the constitution , he must do it as a private person , or an enemy to the constitution and whole body of the land . Therefore he may wel be resisted , even by private persones , see this fully made out by Althus . Pol. cap. 38. n. 37. both out of Lawyers and Divines . 3. If a People , even by resistence , may defend their personal libertyes and rights , secured unto them by Compacts with the Prince , or by the fundamental lawes of the land , which the Prince as Prince is bound to maintaine . Then the late act cannot be condemned : because by it they were but defending that , which the King had secured unto them , by his compact , and which was secured unto them by the fundamental law of the land . But the former is true : because a privat person is allowed by law to maintaine his Lands and Rights , even though some , in the Kings name , should come , under whatsoever pretext , to robe and dispossesse him , and shut him to the door . Therefore , this late act , though of private persones , cannot be condemned . 4. If a Prince violating all , or he maine conditions , upon which he was made Prince , becometh stricto jure no Prince , but falleth from his benefice , not having done the offices , in consideration of which , he gote that benefice conferred upon him [ non enim ( sayeth Althus . ubi supra ) commodum debet sentire ex contractu quem vel omittendo vel committendo quis impugnat . ] Then lawfully enough such an one may be resisted , even by Private persones ; as is cleare . But the former is made clear above : and such is our case now ; for the King hath broken , palpably and avowedly , the maine and principal conditions , on which he was made King , having overturned the work of reformation , which , if he had not promised , vowed and covenanted to maintaine , he had never been crowned or admitted to the exercise of that Government . Who then can blaime a People standing to their owne defence , when oppressed and tyrannized over by his emissaries , who hath thus violated the principal and only conditions of the compact , and is forceing them to the same excesse of wickednesse and perjury ? [ deficiente hâc conditione sayeth Althus . Pol. c. 38. n. 40. ) desinit ●bligatio , & fidem non servanti , fidem ei quoque non servari aquum est . Nam qui non facit quod debet , nec recipit quod oportet , nec p●tere potest , quod ei ideo ab alio debetur : quam naturam esse conventionum in quibus utraque pars contrahens obligatur , testatur Tiraq . de Legib. Connub. Gloss . 1. part 13. n. 42. & la●è Mascard . Concl. 1387. per Alleg. Ibid. Rolland . a Val. Consil . 69. Vol. 4. & Consil . 53. Vol. 1. quando ergo una pars promissa non praes ; tat , facit eo ipsout & altera liberetur . Dynus Alexander & Jason , in L. cum proponas C. de pactis . ] 5. If when a Prince violateth the maine and principal conditions , on which he was installed , a People be siricto jure liberated from subjection unto him . Then much more may they resist him , when he by his emissaries oppresseth , and unjustly violenteth them . But we have cleared the former to be ture . Therefore , so is the later . The consequence cannot be denyed : for if stricto jure a people may disowne a prince , then much more may they repell his unjust violence . If law admit the more , it will admit the lesse also . The application of this is cleare from the former . 6. If the Covenant or Compact , which is betwixt Prince and People give law-clame to the People to pursue the Prince . , in case of failing in the maine and principal thing covenanted : Then , sure the People may resist unjust violence ; for they who pursue , for a broken Compact , according to their clame , may farr more defend their clame when invaded by force , contrare to the compact . The application of this is also cleare . 7. Since by this compact , it is clear as Althusius tells us Pol. Cap. 19. n. 12. that the People or Kingdome are the full Lords proprietors of all the power , and have free liberty to dispose of it , the frute and emolument thereof redounding to themselves , having full power no lese then any private person to manage dispose , and dispense in their owne matters as they please . Then when they finde the person to whom the Government is committed by compacts , administrating the same to their hurt and destruction , they may see to their owne good , and not suffer themselves to be destroyed , but resist him who instead of a mandatarius and servant , turneth a Tyrant and Enemy . 8. Since , as the same Althusius sayeth Ibid. n. 13. by this compact it is apparent , that the Ius the power or authority , which is given to the Supream Magistrate is not his owne , & is lesse then the Ius of the People & inferiour to theirs ; because it dependeth upon the free will & prescription of the People , & endeth with the death of the prince , who is Mandatarius ; as other contractus Mandati use to do , and recurreth to its owne proper Master and Lord. Then it cannot be unlawful for the People the commander here , to see to their owne saiftie , and provide that their owne free gift destroy them not , and so to resist the Prince abuseing that power to their destruction . 9. If it be certane ( as it is to Althus . Pol. c. 19. n. 47. ) that the Prince hath no more power given to him by the People , then what is contained in the conditions upon which he undertaketh the government , and what more he assumes , he usurpeth by tyranny from the People . Then when he usurpeth more power then was given to him , he may be resisted : and the People are allowed to preserve their owne : and when he ruleth contrare to the conditions , and destroyeth these , it is certane He arrogateth to himself a power which was never given to him , yea which was virtually prohibited and discharged to him : and in that case may lawfully be resisted , as is undenyable . The antecedent Althusius proveth in the forecited place n , 48. saying [ aequitas hujus rei naturalis demonstrari potest ex natura mandati , quod dicitur contractus bonae fidei , obligans eum qui alienorum negotiorum administrationem suscepit , ne limites & fines mandati excedat , sed contineat se intraterminos praescriptos a mandante , ut latius docent J. CC. quibus addendus Vasq . Illustr . Quaest . L. 1. c. 47. n. 13. CAP. VII . Of the Nature of the Kings Power over his Subjects . Our Arguments hence . FRom what hath been said in the two former chapters , vve may saifly gather these conclusions concerning the nature of the povver of a Soveraigne over his Subjects , vvhich vvill yeeld us so many arguments , confirming the poynt in hand . 1. The Soveraigne's povver over his Subjects , is not properly a parental povver , that is , not such a povver as parents have over their children : for 1. The Soveraigne's power over the Subjects ariseth from a voluntary compact , and consent of the Subjects , as was shewed ; but the Father's power requireth no such previous consent or compact . 2. The Soveraigne's power may be restricted to so many degrees by the Subjects ; so cannot the Father's by the Children . 3. The Subjects obedience and subjections to the Soveraigne may be conditional ; as we have proved , and our adversaries will grante it , in limited Princes : but so cannot the subjection of Children be . 4. Whethersoever Children goe , they keep always the same relation to the same Parents : but Subjects may change their Soveraignes , by changing the places of their habitation . 5. Children can in no case break that relation , which is betwixt their Fathers and them ; but in many cases , Royalists themselves will grant , Subjects may shake off the King. 6. Children cannot change their Fathers : but Subjects may change their Soveraignes ; for Royalists wil grant that such as are under an Aristocracy may make choise of a Monarch . 7 , Children hold their natural being of their Parents , but Soveraignes are designed only for the political or civil welbeing of the Subjects . 8. Subjects may choose what Soveraignes they will , whether Monarchical or Aristocratical , and what persones in this , or that forme : Children can not choose what Parents they shall have . 9. Subjects can condescend upon the time how long such an one shall be their Soveraigne , ad vitam or culpam : but Children can not set bounds unto their Parents power . 10. Soveraignes have not begotten all their Subjects , nor doth their relation or power flow form such an act : but Paternal power doth . 11. If the Soveraigne's power were paternal only , then he should not have power of life and death , because parents as such have not that power over their Children ▪ 12. The Surveyer himself granteth this Pag. 29. in these words . [ Kings are not fathers of our flesh , or by generation , nor can they be truely called so , political and parental power are different things . ] So then the Soveraigne's power is paternal only in a metaphorical sence : because They should have a Fatherly care and inspection over their Kingdomes , and should nourish , cherish , love and governe them tenderly and carefully ; and as Parents in some respects , love their children better then themselves , so should they preferre the good of the commonwealth unto their owne : and upon this account are stiled Fathers Gen. 20. 2. Iudg. 5. 7. 1 Sum. 24. 12. Isa . 49. 23. as also Pastors are . 2. The Soveraigne's power is not properly Marital , or such as Husbands have over their Wives , for . 1. Wives cannot limite their Husband's power , as Subjects may limite their Soveraigne's . 2. Wives cannot prescribe the time how long such an one shall be their Husband , as Subjects may do vvith their Soveraignes . 3. Wives cannot change their Husbands , as Subjects may change an Aristocracy into a Monarchy . 4. Wives are appoynted for an helpe to the Husband , but the Soveraigne is rather for the Commonvvealth , then the Commonvvealth for him . 5. If the Soveraigne's povver vvere such , then he could not have povver of life and death ; for a Husband as such hath not that povver over his Wife . 6. Though the Husband and the Wife be in distinct Kingdomes , the relation standeth , and is not broken upon that account , but if a subject goe out of one Kingdome , to live into another , he changeth his Soveraigne , and hath a relation to a nevv Soveraigne . 3. So he is but metaphorically , and not properly called the Head of the Commonwealth : for 1. the head is not made Head by the free choise of the Members : but the Soveraigne is chosen by the People . 2. The Members have not so much as a consent in setting up the Head : but Subjects , at least , have this much , in setting up of Princes 3. the Members can never change the Head , but Subjects may change their Soveraignes . 4. The Members can make no compact with the Head , as Subjects may do with their Princes . 5. The Members cannot limite the power of the Head , as Subjects can limite the power of their Princes . 6. The Members cannot destroy the Head and live themselves , but Subjects can destroy the Monarch and choose another . 7. The Head communicateth life , sense & motion to the rest of the members ; so doth not the Prince unto his Subjects . 8. The same individual life is in Head and Members ; but not in King and Subjects . 9. Head and Body die and live together , but there is no such connexion betwixt King and Subjects . So then he is but a metaphorical Head , so called , because of his supereminency , He is over the civil body to rule and guide it aright . 4. The Soveraigne hath no Lordly , dominative , or masterly power over the Bodyes of his Subjects . For 1. this government is founded upon the law and light of pure nature , but this masterly dominion is a frute of sin . 2. Slavery being against nature , & a bondage , which all would willingly shun , we cannot suppose that rational people would choose that life , if they could help it : but they willingly , & not out of constraint , choose government & governours 3. The people in setting up a Soveratigne propose their owne good & have their owne ends , but if the Soveraigne's power were properly a masterly power , they should propose rather his good then their owne in setting him up . 4. If his power were a masterly power , their condition after the government were established should be worse , then it was before : for their state of liberty was preferable to their state of bondage . 5. They had not acted rationally , if to be free of oppression of others , they had willingly given up themselves unto an oppressour , endued with masterly dominion and power . 6. Masters might sell their servants for gaine Gen. 9. 25. and 20. 14. and 26. 14. 1 King. 2. 32. 2. King. 4. 1. Neh. 5. 8. Eccles . 2. 7. Iob. 1. 3 , 15. But the prince cannot sell his Kingdome . 7. Soveraignes have not such a povver as this , from God , but only a povver to feed , to rule , to defend , and to watch over the people for their good , 1 Tim. 2. 2. Ps . 78. 71. 2 Sam. 5. 2. 1 Chron. 11. 2. and 17. 6. Neither have they it from the People ; for they cannot give such a povver , vvhereby to make themselves slaves . 8. If it vvere so , Princes should not be a blessing unto a People , but rather a curse contrare to 1 King. 10. 9. Esa . 1. 26. Ier. 17. 25. Hos . 1. 11. 9. It is a blessing to be free of slavery Exod. 21. 2 , 26 , 27. Deut. 15. 12. Ier. 34. 9. Ioh. 8. 33. 1 Cor. 9. 19. But it is not a blessing to be free of government , but a curse and judgment rather , Iudg. 19. 1 , 2. Esa . 3. 1 , 6 , 7. Hos . 3. 4. 10. Subjects are the King's brethren , Deut. 17. 20. and so not his slaves . The Surveyer Pag. 30. 31. granteth that there is a great difference betwixt Magistratical power and Masterly , and giveth three maine differences . 1. That the Master of slaves had his owne profite mainly before his eyes , and the profite of the Slaves only secondarily : But the Magistrates power is premarily ordinated to the Publick good of the Community it self , and only secondarily and consequentially to the good of Himself . 2. That Masters had a greater power over the bodyes and goods of these , who were their Slaves , then a Magistrate can clame over Subjects . 3. The Master had the slaves in subjection to him , more out of feare and constraint , then love or delight : But a King hath his Subjects under him , in a civil , free , liberal , voluntary , and loving subjection . Thus we see this point is cleare and undenyable by him , though other Royalists will not grant so much : but sure if they were his slaves , they behoved to be taken in war or bought with money . 5. Neither hath he a despotick & masterly power over the go●ds of his Subjects , what ever use may be allowed to make of them , in case of necessity ( when , in some respect , all things are common ) for the Common good , and good not only of the owners , but also of all the Community . Yet the Subjects are righteous proprietors of their owne goods . For 1. the People make choise of him , for this very end to preserve them in their rights , to keep their rights inviolated , to keep them from oppression and injuries of others ; so that it cannot be imagined that rational People would make choise of one great robber , to preserve them from lesser robbers . 2. Their case should be rather worse as better , by the erecting of a civil government , if the Soveraigne were the only proprietor of all their goods for before the erection they had a just right and title unto their owne goods . 3. Soveraignes should not be a blessing unto a People , but a curse : Which is false . 4. Then they could wrong no man take what they would from him , contrare to Zeph. 3 : 3. Esai 3 : 14 , 15. and 58 : 4 , 6. Mich. 3 : 3. see Timpl. pol. lib. 5. cap. 1. quaest . 3. 5. The law , Deut. 17. contradicteth this masterly power over the Subjects goods . 6. Ahab was blaimed for taking Naboths Vineyaird . 7. This is the very character of a Tyrant , 1 Sam. 8. 8. The Kings of Egypt had not his propriety , Gen. 45. 9. No man might then defend his owne right by law against the Soveraigne , but he might take what he pleased , from whom he pleased , and give to whom he pleased . 10. Then the King could not properly buy or sell with his Subjects . 11. Nor could Subjects make any barganes amongst themselves without his consent . 12. Nor could they exerce any acts of charity ; because charity must be of Mens owne , Esa 58 : 7. Ecc. 11 : 1. 13. Yea , Subjects could neither perform a duty , nor fail in a duty , in the matter of goods , if all were his . 14. Subjects could not be enjoyned to pay tribute unto the Prince , contrare to Rom. 13 : 6. 15. It is contrare both to the Law of God and nature : see Timpl. ubi supra . 6. Hence Soveraignes are not proper proprietors of their Kingdomes : Because 1. there are other qualifications required of them , then is required of ordinary proprietors . 2. The People then could never change their Soveraignes . 3. The Soveraigne might sell and dispone his Kingdomes , as he pleased , which Royalists themselves wil not grant . 4. Kingdomes then should come in amongst bona fortuna . 5. His place should not be properly a function or office , but a proper possession . 6. Several Kings both in Scotland & elsewhere , have been hindered from dilapidating the revenues of the crovvne , or by gifts and other contracts deteriorating the Kingdome , and punished for so doing . 7. Would rational men give themselves up for a prey to one , that they might be saife from becoming a prey to others ? 8. How should then a Soveraigne be chosen for the good of the Kingdom , if he might do with it what he pleased , sell it , or dispone it to the Turk : or such like . 9. Paul , by commanding that tribute & custome be given to him , supponeth some other thing : see Althus . poli . cap. 24. n. 35 , 37. 7. Nor so much as usufructuaryes : For 1. they may not lay their Kingdomes in pledge , as an usufructuary may do . 2. Nor can they give them freely away . Nor 3. may they do with them what they please , as usufructuaryes may do with what they have by that right : See Iun. Brut. vind . cont . Tyr. q. 3. p. ( mihi ) 205. 8. The Soveraigne's power is properly a fiduciary power , such as the power of a Tutor of Patron , for to this end & purpose was He created of the People that he might defend them from injuries and oppressions . He is appoynted over them by God for their good , and is to seek that mainly . 2. though he hath his power by way of compact , yet it is not a compact ex condigno , such as betwixt buyer and seller , upon valuable prices and considerations 3. His power is limited & restricted and he is bound to conditions , as we shewed . 4. He may not ( as was said ) dispose of his Subjects , and of their lives as he pleaseth . 5 if he sell his Kingdomes , Royalists grant he may be dethroned ; therefore he hath no other power then of a Tutor , Publick Servant , or Watchman , 6. His power is over his Subjects , as it is over the law of God and religion , but over those he hath no other power , but a ministerial Tutorypower : He is to take care for them ex officio , as a special pawne committed to his trust , to see that they be not wronged or violated : see Althus . polit . cap. 24. n. 43 , 44 , 45. Adrian the Imperour used to say Ita se Remp. gesturum ut sciret Populi esse . non suam . Hence we draw these arguments for resistence of Soveraignes by meer private Subjects , in cases of necessity . 1. If it be lawful for Children to resist their Father , when enraged against them , and seeking in his fury , to destroy and cut them off , whithout any violation of the Law of God enjoyning Children to obey , and be subject to , their Parents in the Lord ; Then it is lawful for Subjects though private persons , to resist the fury of their enraged Soveraigne , when he is seeking , in his cruelty and rage , contrary to compact , oathes and vowes , to destroy Them and their Religion . But the former is true . Therefore &c. The Assumption cannot be denyed by any rational person . It being most just and rational , that when the Father is taken with a distemper in his braine , and in his madnesse seeketh to destroy or cut the throates of his Children , They may joyne together , binde his hands , pull the weapon out of his hand and defend themselves the best way they can . The connexion of the proposition is certane ; for , the most the adversaries can make of the Soveraignes power is that it is paternal , and that he is parens patriae the Father of the Commonwealth : & yet seing natural Fathers may be resisted by their natural Children , in case of necessity , without the help or conduct of Magistrates : Why may not also private Subjects , without the conduct of a Parliament , defend of themselves , in case of necessity , against the fury and rage of their civil father , when he by his bloody emistaries , is seeking to undoe them ? But next we may draw the argument from the lesse to the more . If it be lawful for Children , in cases of necessity , to defend themselves against , and to resist the unjust violence of their enraged Father : Then much more is it lawful , for private subjects , in cases of necessity , without the conduct of Parliament , to defend themselves against and to repel the unjust violence of their Soveraigne . For there is not such a connection betwixt the Soveraigne and his Subjects , as betwixt Parents and their Children , as we have abundantly cleared : And againe , if some of the Children may resist the unjust violence of their Parent and of others of their Brethren , joyning with their enraged Father to cut them off , that they alone may enjoy the whole inheritance or for some such ends : Then far more may a part of the Common-wealth resist the Prince's unjust Tyranny , though he hath the other parts of the Commonwealth concurring with him , to their destruction : For the argument followeth , as I said , à ; minori ad majus , from the lesse to the more : And the union , tye & relation betwixt Brethren , Sones of the same Father , is as great , yea greater , then the tye , union and relation betwixt one part of the Commonwealth & another ; this relation being but political and in itself no wayes indissoluble , but the other natural and indissoluble . 2 ▪ If Wives may lawfully defend themselves against the manifest and unjust violence of unnatural and enraged Husbands , and repel , in case of necessity , violence with violence , without the conduct or concurrence of other Magistrates . Then it is no lesse , yea much more , lawful for meere Private Subjects , in cases of necessity , to resist without the help and conduct of a Parliament , the furious and unjust assaults of their enraged Soveraigne . But the former is true , as all will grant . Therefore , &c. The proposition is cleare from this . That there is not so great a tye betwixt Prince and Subjects , as betwixt Husband and Wife : And say that he had an equal power over his Subjects , with that which the Husband hath over his Wife ( which is false , ) yet the connexion will be firme , as to a lawfulnesse in this case , as wel as in the other . 3. If there be not such a connexion betwixt the Soveraigne and his Subjects , as is betwixt the natural Head , and the Body . Then it can no more yea , far lesse , be an unnatural thing for Subjects to defend themselves against the violence of distempered Princes , Who seek directly to destroy the Commonwealth , when necessity doth urge ; Then it is for the members of the Body , to defend and fortify themselves against danger , paine or sicknesse , occasioned by a distemper of the braine , yea and with violence seek to cure & remove that distemper in the head , that is like to destroy the whole body . 4. If the Soveraigne hath not a Lordly domination , & masterly power over his Subjects , but they be is Brethren & not his Slaves ; and , if the very Law will allow Servants to defend themselves against their Lords and Masters , L. Minime 35. de Rel. & sumpt . funer . and no man with us will account it unlawful for servants to defend themselves against the unjust and violent assaults of their Lords and Masters . Then farr lesse can it be accounted unlawful for private Subjects to defend themselves , when constrained with necessity , against the unjust assaults of the Soveraigne or his emislaries . But the Antecedent is cleared , and confessed . Ergo. 5. If the Soveraigne have no despotick or Masterly power over the goods and heritages of his Subjects , as we have proved . Them very lawfully may they defend their lands goods and heritages , from the violent and unjust oppressions ; of the Prince or his emissaries , sent out to plunder , rob , destroy their corns , cattel , goods , land summes of money , &c. 6. If the Kingdome be not his proper heritage , nor he proprietor thereof , as was shewed ; Then when He or his Emissaries come to destroy a considerable part of the Kingdome , and to alienate the profites and emoluments thereof unto others , then the proper owners and proprietors , unjustly . Then may that part of the Kingdome lawfully resist these unjust oppressours and invaders , & defend their owne . 7. If He be not so much as an usufructuary of the Kingdome : then when He laboureth by his Emissaries to waste and destroy the Kingdome or any part thereof , by unjust violence , private Subjects may resist that unjust violence , and oppose his oppressing Emissaryes . If a Master may hinder his usufructuary tennants who would deteriorate the land , which they possesse by compact ; Then much more may subjects resist the Princes Emissaries when labouring utterly to spoile , and lay waste these lands , whereof he is not so much as an usufructuary : 8. If the King's power be only fiduciary as is shewed . Then when that power is manifestly abused , and the pawne which he hath gote to keep , in imminent and manifest danger , lawfully enough may he be resisted ; When the Lives , the Liberties of the People , or their Religion is committed unto him , as to a publick Tutor , Watchman , or Servant ; & He what through negligence , what through wilful wickednesse , laboureth to destroy , and undoe , and overturne all , very lawfully may Subjects , in that case of extreame necessity , seek to secure the Necessary and desireable things , and resist his fury and unjust violence , who contrare to his oath and promise , seeketh to have all overturned and ruined . Althusius pol. cap. 38. n. 39. speaketh well to this , saying [ Octava ratio sumitur a natura contractus mandati , quo summa Magistratui administratio est delata à populo , ad hoc ut Reip pro●it non ut noceat , Rom. 13. Vasq . lib. 1. c. 44. n. 6. &c. 1. & 2. Illust . Contr. quando igitur mandatarius fines mandatiexcedit non illi obligatus est mandator , § 15. qui Just . de Mand. Luc. 16 : 1 , 2 , 3 , &c. & quando conditio , status & fortuna mandatarii mutatur in deterius L. si quis cum de procur . L. cum quis desolut . Aut mandatum a mandante revocatur , vel ipse mandans agere & tractare negotium incipit ut tradunt J. CC. Vide Vasq . Lib. 1. c. 43. n. 5. &c. 4 , n. 12. Illust Controv. ] What he addeth is worth the reading . CAP. VIII . The Peoples saifty is the supreme Law. The King is not absolute . Hence some Moe Arguments . THat salus populi est suprema Lex is asserted by the law of the 12 Tables . The worthy author of Lex Rex hath fully confirmed this truth , and vindicated it from the exceptions , and false glosses , of the Royalists , Quaest . 25. And therefore we need say lesse to it , especially seing this Surveyer , hath nothing against it , that I have observed . That it is a truth , That the peoples saifty is the cardinal law , hence appareth , 1. That the attaineing of this end , was the maine ground and motive of the peoples condescending upon the constitution . 2. They levelled at his end , in makeing choyse of such a forme , and not of another ; for had they thought another fitter for their temper , and more conduceing for their good , they had not pitched on this , but on that . 3. with an eye to the saife and sure attaineing of this end proposed and designed , they made choise of such persones , and of none else . 4. upon this account , did they condescend upon that manner of conveyance of the supream authority , which they thought best , 5. For no other end , was it , that the Prince was limited and bound unto conditions . 6. The end being alwayes preferable to the meanes as such , The Peoples saifty , which is the end , must be preferred to all such things as are made use of as meanes conduceing to this end . 7. By the very Law and institution of God , the Magistrate is ordained for the Peoples good , Rom. 13. ver . 4. and to this end , ( next to the glory of God , unto which we alwayes give the preference ) is he direct all his publick actions as a Magistrate , and by this , is he to stirre his course , in governing the helme of the Republick . 8. Hence it is that all the municipal lawes of the Land , are made , renewed , corroborated , explained , or rescinded and annulled , so as they most conduce to this great end which is ever anima & ratio Legis . 9. Hence also it is , that no law in its letter tending to the hurt and detriment of the Realme , is or can be of force . 10. Hence it is , that the Soveraigne in cases of necessity , may neglect the strick observation of the letter of the lawes , and for the good of the community , neglect private mens interests . Finally the very law of nature requireth this , as Boxhornius Inst . Polit lib. 1. Pag. 25. tells us . Doctor Sanderson in his book dc obligati●ne conscientiae praelect . 9. & 10. laboureth to put another glosse upon this axiome : But he may be easily answered : for we shall readyly grant with him , that by saifty here is not meaned dignity , or liberty in some small and inconsiderable triffles , unto which some small and inconsiderable hurt is opposite : nor shall we say that any extraordinary thing is to be attempted in a Commonwealth , against the lawes , whensoever any leading popular man or bold rhetoricator or a Démagog shall say that Princes and Magistrates , have violated the lawes , done injuries to the people , and neglected their duty ; yet he must give us leave to say , That the saifty of the people , is in hazard , when it is manifest and notour , so as they who run may read it , that lawes , once established , and for the future good and through security of the subject , by Oathes and Covenantes corroborated , and made irrepelable , by any Magistrate higher or lower , are annulled , condemned , and rescinded ; nay the Covenants whereby the land was devouted to God , and their Religion secured to them , and the fundamental law or ground of the Constitution , and condition on which the Soveraigne was admitted to his throne , overturned , and trode under foot : All forced to condemne their former actions and Covenants , Vowes , Oathes , Prayers , Teares , Fastings , Fightings &c. by subscribing contradictory , condemnatory , and rescissory acts , and declarations , and forced to run counter their owne oathes and Solemne Engagements , otherwise to be exposed to ruine by arbitrary mulcts , fineings , imprisonements , quarterings , cruel and inhumane usages , plunderings , vastations , depopulations and the like . Is not this equivalent to incursions of forraigne adversaryes ? Is not this depredation committed by wicked subjects ? Is there not here impious and horrible acts of tyranny ? But he will have the word People taken for the Prince distinct from the People , or in a collective sense , for Prince and People together . He must be a strong rhetoricator indeed that will perswade any to beleeve this , seing there is no reason in the world for it : For though we should grant that among the Romans it vvas sometimes used to designe , not only the plebeians , but also the equestral crder conjunctly , as in that axiome Senatus populusque Romanus . The senate and the people of Rome : And that sometimes it did designe the Fathers , the knights , and the Plebeians conjunctly , yet it will not follovv that it is so it is so taken in this axiome ; for if vve should follovv his ovvne rule , viz. That collective vvords should be collectively taken , unlesse the opposite vvhich is annexed , require othervvise : And vvith all , make use of this ovvne vvords prael . 10. § . 19. A romana gente &c , 1. e [ I have told that this axiome is come to our hands from the Romans , and now I adde , that in the 3 book of Cicero de legibus that sentence is frist found , for any thing I know ; yet , as he testifieth himself , taken out of the ancient lawes of that nation , and copied out of the very letter of the law . Now this Cicero after he hath described and explained , in the preceding book , the lawes pertaining to Religion and the worshiping of the Gods , at length ? in the third book , he comes to rehearse these lawes which concearne the Republick and the Magistrates , where these words are to be found . Regio Imperio duo sunto , iique praeeundo , judicando , consulendo , praetores judices consules appellantor , militiae summum jus habento , nemini parento , ollis ( i.e. illis ) salus populi suprema lex esto he sayes , to these the chief law should be the peoples saifty : Now who are these ? those , viz. Who were endued with King'ly power , and had the chief disposall of the militia , &c. ] It vvill then be as cleare as can be , that the opposite which is added or annexed , doth sufficiently show that the vvord People in this axiome , is to be taken for the People , as contradistinguished from the Magistrates , and not for People and Magistrate conjunctly ; far lesse for the Prince as distinct from the People . And doth not this same sentence of Cicero's fully confirme our Glosse , and say that Princes and Magistrates , as such , ought mainly to designe the good of the People , over whom they are set , & to have that for their end in all their publick actings , whether in making , or in executing lawes ? How then can he say that this axiome is rather to be understood of the Prince alone , then of the People alone ? But for this he tells us , That the ancient Fathers did esteem of them as next unto God ad inferiour to him only , and that the People of Israel , 2 Sam. 18 : 3. Did preferre the saifty of the King unto the saifty of all the rest , and in the Lament . 4 : 20. He is called the breath of our nostrils . To all which it is easily answered , 1. That all this will not prove , that Princes are bound by reason of their office , only to seek their owne good , greatnesse and power ; or to preferre that unto the good of the People ; and not rather designe , as their proper and principal end , the promoving of the good and saifty of the People committed to their charge . 2. The Fathers might have spoken so of the Emperours , as they were then de facto and in regaird of their supereminency , but notwithstanding of that , they and their supereminency both , was subordinate unto the good of the People , and was ex natura rei , but a meane for that maine and great good . 3. It is true in some cases , and at such a nick of time , as that was 2 Sam. 18. The losse of a good King , when he is the maine person hunted for by the adversaries , would prove more destructive to the Commonwealth , then the losse of ten thousand , and this rather confirmeth the axiome then weakeneth it , for it was upon the account of the publick good of the Commonwealth , that the life of King David was preferable to the lives of many . 4. It is not said , that His life was better then , and preferable to , the lives of the whole body of the Commonwealth . 5. That metaphorical expression Lament . 4. she weth only how useful & steadable the King would be unto them ; even a necessary mean to keep them in a politick life as to a Commonwealth ; and so it sayeth that , his whole designe as a Magistrate should be to procure their good . 6. Moses a good Prince did preferre the Peoples life unto his owne : and David did the same 1. Chron 12 : 17. and these do abundantly confirme our sense . He replyeth further ; That it was no wonder that among the Romans from whom we have this axiome , the Peoples saifty was the principal law , seing in that democratical government , the People were the Supreame powres . Ans . This is but a meer shift ; for even in a democrat . governm . the Peoples saifty is distinguished from the Supreame power which is to level all to this maine end , the saifty of the People . 2. Cicero told us that the Consuls and Praetors were bound to propose this end unto themselves ; & so we finde that the People , whose saifty is the Supream law , are distinguished from these who , whether in a Popular or Aristocratical govern . excerced the supreame povver . 3. This same is insert in the law of the XII tables , & so it was in force whatever forme of government was exerced . But syes he Prael . 9. § . 19. Hence it will not follow , That People may , when they perceive , or cry out that they perceive their libertyes hurt in some things ; take armes without the Princes leave , and violate all lawes and dutyes , and so raise tumults and seditions . Ans . Neither do we say so , nor resolve to draw any such conclusions therefrom ; but this is cleare , that when the covenanted work of reformation is overturned , laudable lawes establishing the same , contrary to oath , and solemne Engagement , rescinded , libertyes palpably violated , People in humanely persecuted for adhereing to their Covenants , &c. and unjustly oppressed by the Kings emissaries , people may then take armes in their own defence , though the King should refuse to consent , or should countenance the oppressours , & carry on that inslaving course . Againe , he sayes let any read , and read over againe that sentence of Cicero and search every pairt of it , where vvill he finde any vvarrand for Subjects to rise up against princes , to injure them or dethrone them . Ans We do not intend to search the sentence for that end , it vvill suffice us , if hence vve finde ground to conclude the lavvfulnesse of Peoples defending themselves against tyrannizeing Princes , in cases of necessity : and let him , or any for him , read , and better read that vvhole period , and narrovvly consider and examine every sentence and vvord in it , and see if he can finde this condemned . Ere I come to speak to the other particular , I shall from this draw some few things useful for our purpose , and , 1. It is irrational , and meer flattery to cry up and exalt the Soveraignes prerogative , in prejudice , and to the destruction of that , for which both He and His Prerogatives are , and were appoynted , as subservient meanes , the saifty of the People . That being de jure his maine end , and it being for this cause end , that he is endued with such power , and hath such privileges and prerogatives conferred upon him , and allowed unto him , He and his Prerogatives both , should vaile unto this Supreame Law the saifty of the People : so that when they come in competition , The Peoples saifty of right , is to have the preheminence . 2. Since all other lawes municipal , made and established in a free Realme , must be subordinate unto this Principal , and Cardinal law , and have tendency to promove , corroborate and establish it : Then , when any of these Lawes , in their letter , strick directly at the root of the saifty of the People , and thoward and crosse that maine and highest law , That law is Eaienus null , and really no law . So that it is but childish scrupulosity , to start at the letter of a law , when the Commonwealth is in hazard : and it is but brutish ignorance to object the letter of a low against such as are endeavouring the saifty of the people , which is the maine businesse , and to preserve the Commonwealth from ruine ; and destruction , against which no law is , or can be , of any force or value , but null and of no effect , for here it holdeth true , that summum jus is summa injuria . 3. Since Lawes themselves , when in their letter they crosse this maine law , must be accounted as no lowes really , and de jure ; and may saifly be neglected and passed over , when the Peoples saifty is in no small hazard by the strick adhereing to the letter thereof ? Then , much more may punctilioes , and law formalities be laid aside , when the Commonwealth is in danger . When there is a fire in a City , all the formalities of order are not strickly to observed . 4. Since The privileges , and lawful prerogatives of the Soveraigne must vaile , in cases of necessity , unto this High and Supreame Law , the saifty of the People . Then no lesse must the privileges of a Parliament yield unto this : for whatever privilege they enjoy , it is in order to this end , and the meanes must alwayes have a subserviency unto the end , and when they tend to the destruction of the end , they are then as no meanes unto that end , nor to be made use of for that end . 5. Though King and Parliament both should conspire together against the good of the Land , yet di jure they have no power or authority to destroy that End , and whatever they enact or doe , tending to the ruine of this maine and principal good , which they should have before their eyes , as their end , is ipso facto null . 6. When acts and actings of King and Parliament tend directly , and are made and done of purpose , to destroy and overthrow the work of reformation in doctrine , worshipe , discipline and government ; which was owned , and established by lawes , with all formalities of law , and was avowed by solemne vowes , Covenants , attestations , protestations , declarations , and engagements of all ranks of People , from the highest to the lowest : and courses are laid doune , to force and constraine People to renunce their Covenant with God , to turne perjured apostates ; and when by acts and actings , the fundamental tearmes & conditions of our reformed constitution , confirmed by unrepelable lawes , by the King 's accepting of his Crowne and Scepter , and all other Magistrates accepting their places , upon these tearmes , are overturned ; and when by an arbitrary and illegal tyranny , no man hath security for his life , his lands , his libertyes , nor his religion , is not the saifty of the People in danger ? No man needs to say who shall be judge , The Magistrates or the people ? For all who have eyes to see may judge , whether the Sun be shineing or not , and all who have common sense may judge in this case . When these things are done and avowed , they cannot be denyed , and no man of reason or religion will deny the inference . Hence then it is cleare , that no man in reason can condemne the late act of defence , which was the only meane left for preserving of that which all government and Governours should level at , viz. The saifty of the People , both in soull and body , their Religion , Lives , Liberties , Privileges , Possessions , Goods , and what was deare to them as men , and as Christians , howbeit it vvanted the formality of the authority of Soveraine , Parliament or Councel . No man vvho vvill not deny this axiome , can condemne them as Traitors , seing they vvere noble Patriots and loyall to that Supreame lavv , The saifty of the People . As to the other particular , concerning the absolute power of the Soveragne , We say . 1. That the Soveraigne is under obligations to his People , and bound & limited by conditions , we have shewed above : which conditions he is bound to observe , see Hoen Disp . Pol. 9. 2. That the Soveraigne is not exempted from the lawes of God , none but profane gracelesse , vvreatches vvill deny ; since he is a creature of God's and a subject to him , and his servant , Rom. 13. and therefore must not transgresse his lawes , under the paine of high treason and laese Majesty . It was but a base saying of an impudent whore Iulia to her step sone Antonius Caracalla , si libet licet , an nescis te imperatorem esse , and no lesse impious was that saying of Anaxarchus to Alexander the Great , when he had Killed Clitus in a rage , Nesus adsess●rem jovi justitiam , & fas esse quo quicquid actum a dominante fuerit , id jus & fas sit , as if for sooth Alexander could do no wrong . It was an abhominable saying of these judges to Cambyses . That though they could finde no law permitting a brother to marry his sister , yet they knew of another law , whereby it was lawful to the Kings of Persia to do whatsoever they pleased . All Divines will grant this : and so do Lawyers and Polititians : See Bodine de Repub. lib. 1. cap. 8. Hoenon . Disp . Polit. 9. Thes . 7. Paul. Voetius Iurispr . Sacra . Gerhard de Magist Polit. § . 119. Althus . Polit. cap. 19. n. 9 , 10 , 11. Timpl. Polit. lib. 5. cap. 1. Our Surveyer grants this , pag. 57 , 58. and elswhere . 3. Neither is he exempted from the Lawes of Nature and Nations ; for the law of nature is the very Law of God , and God hath no where Subjected his Law unto the vvill of Princes . 4. Neither is the exempted from all the civil Lavves , sayeth Hoenon . ubi supra . For , sayes he , many civil Lavves are but declarative of the Lavv of nature , and consectaryes thereof , and vvhat povver he hath , he hath from the People , and the People are certanely bound by these Lavves : Yea as Boxhornius sayeth , Instit . Polit. lib. 1. pag. 33. Principi tantummodo licet quantum populus ei voluit licere : No more is lawful for him then the People will. The Surveyer in the forecited place sayeth , [ It is a Royal thing for a King to live by the same good Lawes , which are given by him to the People , and it is of efficacious influence upon them ; to move them to walk in their dutyes orderly : Rex tenetur servare Leges , si non ut Leges tamen ut rationes . But he might know that our King is bound to observe the Lawes , even as Lawes , and must pay his debt , and submit to the decision of Judges as well as others . 5. Our Surveyer confesseth , Pag. 75. That the King is bound before God to rule his People according to the Law of God , of reason and nature ; yea and to take his directions in government , from the rational Lawes of the Kingdome ( which are deductions from , or determinations of , the Law of God , reason and nature , to particular circumstances ) agreed to by the consent and good likeing of his People . Hence it followeth , 1. That he cannot dispense , by his prerogative Royal , with a just Law , according to his sole pleasure , and so pardon such as deserve death ? 2. He cannot kill and slay whom he will , but according to law . 3. Nor can he alone make lawes . 4. Nor can his will stand for a law . 5. Nor is he the sole interpreter of the law . 6. Nor in interpreting of the law , hath he a dominion over it to expone it as he wil : for if these be not granted , it cannot be granted that he is bound to rule us by the Law of God , of reason , and of nature , or by the Lawes of the Kingdome , but according to his meer will and pleasure . 6. It must be a most unreasonable thing to say , That the Soveraignes power is absolute , which Royalists contend so much for , and say that he is above all law of man ; for then he might do what he pleased without controle . But 1. did ever the People set a Soveraigne over themselves , upon these tearmes ? Did ever People set him over themselves to rage at randon , to kill , murther , massacre , and do what seemed good in his eyes ? 2. Their condition should necessarily , be worse after the constitution then it was before . 3. The saifty of the People should not be the supreame Law. 4. He might then break all bonds and oathes , and keep no conditions which he had made . 5. If so , a Prince as a Prince , should be a great plague and judgment to a People . 6. All his Subjects should be formal Slaves unto him , their lives & all they have should be at his devotion . 7. He should not then be the Servant of God for the good of the People , contrare to Rom. 13 : 4. 8. If this power agree to him as King , then it is from God , and so God should give him a power to sin and tyrannize , which is most false . 9. Then there could be no Tyrants . 10. Yea a King as a King , should be a Tyrant in actu signato , and a Tyrant should be nothing but a King in actu exercito . 11. Yea if so , they might not so much as be rebuked by the messengers of the Lord , for their enormities , contrare to the many instances in the Old Testament of Prophets rebuking Princes 12 if his power were absolute , lawes would become no lawes , neither were there need of lawes , nor should the making of lawes be a meane to promove the good of the Realme : all which are most absurd . And as for for our King That he hath no such prerogative Royal , as puts him above all limitations is already sufficiently evidenced by Lex Rex and by the Apology though this Surveyer is pleased to say Pag. 11. That his prerogative Royal is disputed downe most weakly and foolishly in the Apology : Yet he will not see so much weaknesse and folly there , as he imagineth , when ever he cometh to handle that disput . But I grant it is easier to him to say , that all is weak and foolish , which pleaseth nor him , then to undertake the confutation thereof . It is enough to him , that he shew his teeth once , and then run away . But if he will afterward undertake that debate , let him consider the particulars there mentioned , and also these 24 particulars Mentioned by Lex Rex . Quaest . 23. pag. 205. 206. Unto which I shall adde ( that he may make one work of all ) these particulars , which will furder serve to confirme what is there said , and prove our poynt . 1. As it is not proper and peculiar to the Kings of Scotland to make lavves , and to explaine and interpret lavves : so nor is it peculiar unto them , to appoynt punishments unto transgressours , & to liberate and free from the stroke of the lavv , As the late Parliament declared by their deed , in murthering some , and in liberating others guilty of Treason , more then such as vvere executed : and this by politicians is made a part of the Soveraignity See Bondin . de repub . ( mihi Edit . Gall. ) pag. 236. Volgm . in Synop , de jure principum , pag. 58. Hoen . Disput Polit. pag. 124. Timpl. Polit. Lib. 5. c. 1. q. 2. 2. The last appeal cometh not alwayes to our King : and yet this is reckoned among the royal prerogatives by Bodin ubi supra , Pag. 321. and Heen . Pag. 127. Timpl. Pol. Lib. 5. Cap. 1. quaest . 2. 3. It is not proper and peculiar to the King to appoynt new imposts , customes , and taxes : but Parliaments do this , Act. 277. Parl. 15. Iam. 6. c. 2. Parl. 23. Iam. 6. Act. 1. Parl. 1. Char. 1. and act . 14. 15. of the same parl . act . 13. parl . Anno 1661. Charl. 2. and this is reckoned by the forementioned politicians among the prerogatives . Volgm . pag. 57. Hoen . pag. 129. Bodin . pag. 244. Timpl. ubi supra . 4. Nor doth it belong to him alone to appoynt the value of money , as is cleare by our acts . act . 67. parl 8. Iam. 3. act . 93. & 97. parl . 13. Iam. 3. act . 23. parl . 1. Iam. 1. act . 33. parl . 8. Iam. 2. act . 59. parl . 13. Iam. 2. act . 2. parl . 1. Iam. 4. act . 17. parl . 2. Iam. 4. act . 40. parl . 4. Iam. 4. act . 17. parl . 1. Iam. 6. act . 20. of the same parl . act . 249. parl . 15. Iam. 6. c. 9. parl . 16. Iam. 6. & yet the forecited authors reckon this also , among jura Majestatis . 5. He must not rule us by his meer will , but by the lawes of the land , act . 79. parl . 6. Iam. 4. act . 130. 131. parl . 8. Iam. 6. and not by any special grant or privat privileges act . 48. parl . 3. Iam. 1. 6. He is not the proper judge of all causes in the first instance act . 45. parl . 2. Iam. 1. act . 62. parl . 8. Iam. 3. 7. Some causes are fully exempted from his judgment and determination act . 105. parl . 14. Iam. 3. 8. The Lords of the Session may finally decide causes , according to the act . 65. parl . 3. Iam. 1. without any liberty granted to the party to appeal to the King act . 63. parl . 14. Iam. 2. and this privilege of the Session in ratified act . 93. parl . 7. Iam. 5. act . 1. parl . 2. Mar. act . 170. parl . 13. Iam. 6. act . 183. of the same parl . act . 211. parl . 14. Iam. 6. act . 23. parl . 1. Carol. 1. act . 23. parl . Anno 1661. Charl. 2. Yea the judges are allowed to discerne according to equity notwithstanding of any write of the King 's to the contrary , act . 92. parl . 6. Iam. 6. act . 47. parl . 11. Iam. 6. act . 79. of the same parl . 9. He is limited in granting remissons sic act . 46. parl . 2. Iam. 1. act . 51. parl . 3. Iam. 1 : act 75. parl . 14. Iam. 2. act . 42. parl . 6. Iam. 3. act . 94. parl . 13. Iam. 3. act . 62. & 63. parl . 6. Iam. 4. act . 174. parl . 13. Iam. 6. 10. He is limited in alienating of lands , possessions or moveable goods act . 2. parl . 1. Iam. 2. act . 41. parl . 11. Iam. 2. act . 70. and 71. parl . 9. Iam. 3. act . 112. parl . 14. Iam. 3. act . 5. parl . 1. Iam. 4. act . 10. parl . 2. Iam. 4. act . 22. ejusd . parl . act . 50. parl . 4. Iam. 4. act . 90. parl . 6. Iam. 4. act . 84. parl . 6. Iam. 5. act . 115. and. 116. parl . 7. Iam. 5. act . 6. parl . 9. Iam. 6. act . 176. parl . 13. Iam. 6. act . 159. ejusdem parl . act . 203. and 204. parl . 14. Iam. 6 : act . 236. parl . 15. Iam. 6. act . 242. and 243. ejusdem parl . act . 1. parl . 16. Iam. 6. cap. 4. parl . 23. Iam. 6. act . 10. parl . 1. Carol. 1. 11 , So is he limited in erecting Royal brughs act . 43. parl . 11. Iam. 2. 12. He is limited in appoynting publick offices for admininistration of justice , act . 44. parl . 11. Iam. 2. 12. He may not passe gifts , signatures , or remissions , but with the consent of the privy Council , act . 12. parl . 2. Iam. 4. 14. He hath been aftentimes admonished of his duty by the Parliament : see act . 23. parl . 1. Iam. 1. act . 5. and. 6. parl . 3. Iam. 2. act . 14. parl . 6. Iam. 2. act . 92. parl . 13. Iam. 3. act . 8. parl . 2. Iam. 4. act . 29. parl . 3. Iam. 4. act . 17. parl . 1. Iam. 6. If this Surveyer hath a minde to defend the King 's civil prerogative royal , or his absolute power , Let him take all these particulars to his consideration : but we goe on to our purpose . From what hath been said concerning this limited power of the Kings we draw these particulars for our purpose . 1. If the King be a limited Prince , Then he may in some cases be lawfully resisted . Gerhard himself de Magistrat . Pol. § . 484. pag. 1303. in answering of that quaestion what shall Subjects do , if a Magistrate , who is an infidel or an haeretick , doth force them unto a false religion , sayeth That such a Magistrate who hath absolute and unlimited power , and is under no compacts may not be resisted , by such as are meer Subjects : So that he would grant in this case That it is lawful , for meer private Subjects to resist a limited Prince , who is bound by compacts and contracts . It is true when he cometh afterward to speak of resisting a Tyrant , and proponeth the quaestion § . 486. whether such who have absolute power and turne Tyrants may be resisted , after he hath cited some sayings of Papists , he tells us § . 487. That all the arguments of iunius Brutus , Rossaeus , Buckerius are solidly answered by Barclaius Albericus Gentilis , Cunerus and Arnisaeus , and this passage our Surveyer bringeth in Pag. 89. But who seeth not , that it cometh not at all home to our purpose , seing our King is not a King of absolute power , though he hath his Kingdom by succession , but is limited by conditions , and stipulations . And further every one may see the weaknesse of Gerhard's reasons , and how inconsistent he is with himself : For. 1. Sayeth he , such is only under Gods jurisdicton . But alas 1. May not I resist , a person , vvho is not under my jurisdiction ? 2. Royalists will say the same of all Princes , even Barclaus and Arnisaeus . Againe he sayes The People have translated their whole power unto such a Prince & cannot recall it . But 1. They have never translated over unto him a power to inslave themselves , for that was not in their power to do . Nor 2. Could they ever give away the power of self defence , which is their birth right . 3. Sayes he , Subjects , in this case , want God's command and a Superiour power . But 1. They have God's command in nature , no lesse then these who are under limited Princes . 2. They have a superior virtual power in cases of necessity . 4. Sayes he , He is a Father of the Republict and not a Tutor only , and therefore as Children have no power over their Parents , no more have Subjects over their Princes . But , 1. Are not even limited Princes , as well Fathers to the Commonwealth ? So that by this argument , it shall be as unlawfull to resist these , which he will not say . 2. Yea such absolute Princes Look rather to be Tygers , and stated enemies unto the Common-wealth , then Fathers . 3. They have no proper Parental power , as we shewed , but Metaphorical . 4. Even natural parents may be resisted Ergo much more they . 5. We are not speaking of giving judgment against Tyrants but of resisting of them : and if he grant this , vve have our desire . And his question vvas touching resistence § . 485. Quest. 4. 2. A Limited and pactional Prince may be legally resisted , Ergo also with force when a legal resistence cannot be had . The antecedent is true and no Scottish man vvill deny it , as to our king : For if he or any for him should pretend a right to their inheritance and intend an action of lavv against them , they may defend themselves by lavv ; or if he should take possession vvithout a sentence of lavv , They might pursue him and his tennants , or vvho ever came in his name , to take violent possession , and procure letters of ejection , and the like : Yea by force they might vvithstand any that should come to take violent and illegal possession . The consequence is hence clear , That vvhatever ground a man hath to defend his rights and possession by lavv , the same ground he hath to defend his right by force , vvhen he cannot use the legal meane ; for if the King had real right , and not he , unto vvhat he possesseth , it vvere as unlavvful to vvithhold the King from possession of his ovvne , by quircks of lavv , as by force . Againe , This legal resistence is no resisting of the Ordinance of God , but of the man , vvho seeketh no enjure . No more is this violent resistance a resisting of the ordinance of God , but only of the man , vvho abuseth his povver . Hence , 3. If the King have not absolute power to do and command what he will : Then , when he crosseth the rules prescribed by God's law and Man's law , without any injury offered to the ordinance of God , he may be resisted by his Subjects , over whom he thinketh to exerce an absolute , arbitrary and tyrannical power . The reason is because . That power , which is not the ordinance of God , may be resisted , without the lest injury done unto the true ordinance of God. But this absolute power is no ordinance of God , it is not appoynted of him , nor allowed of him . Therefore , &c. But say Royalists , Though that absolute and Tyrannical power be not simply from God ; yet it is so from God , that no man can lawfully resist it Answ , 1 ▪ If it be so from God , as that it may not be resisted , then it is from God , and is the ordinance of God : for it is the ordinance of God that cannot , must not , be resisted . But sayes the Surveyer Pag. 37. [ It may be easily seen that subjection to the power ( opposite to resistence ) is all alongs enjoyned ( viz. Rom. 13. ) whether the power be rightly used or otherwise : If it be rightly used , subjection without refuseing active obedience is required : if it be not rightly used , subjection without resistence , violent or forcible repelling of the power , is required upon this formal reason and ground ; Because even when the power is abused , it remaines a power ordained of God ; ( although the abuse of it be not ordained ) even as a man's eye remaines his eye , although sometimes it is not rightly used . The formal reason of the subjection , and non-resistence pressed , is not the right use of the power , but because it is a power ordained of God ( however perverted in the use by man ) Answ . ] 1. By this mans doctrine , The King might not be resisted if he should turne another Nero or Caligula , or should deal with us all , as the Turk doth with his subjects , or the King of Spaine , with his slaves in America . If he should fill ditches with his living subjects , and to satisfy his lust and pleasure should tumble them be thousands downe a precipice into the midst of the sea : yea though he should bring in an army of Turks or Tartars to destroy all his subjects young and old ; Though he should sell and give away the whole land unto the Turk or any forraigne Tyrant , and become the most habited not our and compleat Tyrant : and should against all appearance of law , manifestly seek the destruction of the whole land , man , wife and childe , and of the very being of religion , according to law , and of all known libertyes , and should force and compel , with armed heathens , all his subjects great and small , to offer sacrifice to the Heathen Gods ; and the like : For in all this and the like , there is but an abuse of the power , and the power is still of God however it be abused , and because it is a power ordained of God , this abuse must be submitted unto , without the least resistence , is not this sufficient to make all men abhore this man's principles ? 2. He must say that it is not possible to resist the abuse of the power , but the power it self must be resisted , and so , such as do resist the most dreadful tyranny imaginable , do resist the ordinance of God , which is most false and absurd . 3. If the abuse of the power be not from God , then such as resist this abuse , do not resist that which is ordained of God , but that which is not ordained of God. And therefore resisting of the abuse of the power , is no resisting of the ordinance of God. 4. Subjection is only required to that which is the ordinance of God , because subjection is required when and where , and so far as resistence is prohibited : Now resistence to the ordinance of God , is only prohibited , and not resistence to the carnal and bloody lusts of men , which is rather the ordinance of the devil then the ordinance of God. 5. The vvrong use or abuse of the eye may be resisted , hindered , and obstructed , without any injury done to the eye it self . So may the wrong use or abuse of Magistratical power be resisted , without any vvrong done unto the povver vvhich is of God. 5. It is false to say that all resistence of the abused power , is forbidden upon this formal reason and ground , because even when the power is abused it remaines a povver ordained of God : Because the abused power is not at all ordained of God , nor never vvas , it is no part of that povver vvhich God ordained : a povver to murther the innocent , to kill the vvidow and fatherlesse , and to oppresse the people of God , is not of God : God never appoynted that povver of David's to murther Vriah and to commit adultery vvith Bathshebah . These vvere no acts of the Magistratical povver ordained of God , but acts of lust the vvickednesse . 7. If this reason hold good , we must never resist by refuseing active obedience , let him command what he will : for his sinful and unjust commands are but the abuse of that power which is ordained of God , and the power even when abused by giving out edicts , and mandats , ( according to this man ) remaineth a power ordained of God , as a man's eye remaines his eye , though sometimes it is not rightly used . Now how will he loose his owne argument ? what ever answer he give here , it will helps us out . Sure , if a man many refuse obedience to an unjust command , of an abused power , without doing injury unto the power which is ordained of God , it will be no lesse cleare , that a man may refuse subjection to and resist abused power , without doing hurt unto the power which is ordained of God. And I Desire that the Reader vvould seriously notice this , and see how all he objecteth is answered by it , & the wicked insnared in the vvork of his owne hands . 4. If the King have not absolute power , but be limited both by the lawes of God , and by the lawes of Man : Then when he transgresseth the bounds prescribed to him , he may be resisted . The reason is because . He who is no Magistrate many be resisted . But the King going beyond his bounds is no Magistrate . Therefore he may be resisted , The proposition cannot be denyed : for he vvho is not a Magistrate , is not that ordinance of God , which we are forbiden to resist . The assumption is granted by Arniseus de auth : princi . c. 2. n. 10. saying , Dum contra officium facit Magistratus , non est Magistratus , quippe a quo non injuria sed jus nasci debeat . while the Magistrate doth against his office , he is no Magistrate ; because a Magistrate should do no wrong but right , l. miminerint 6 c. unde vi . c. quod quis 24. 5. If the King's power be not absolute , and if he cannot do whatsoever he pleaseth : Then when he makes his lust a law , and followeth the dictate of his tyrannical corrupted will , he may be resisted : because , what power he never gote from the People to exerce , if he exerce it , he may be , by them resisted . But the People never gave him a power to rule as he listeth , and to do what his missed understanding and enraged will did prompt him to do . Ergo they may resist him when he exerceth no power given him , but a power assumed to himself , through the corruption of his heart and wicked will. 6. If the King's power be not absolute , then the People are not denuded of the power of self defence . Royalists , and such as trade their steps think , that an absolute prince , or a prince integrae Majestatis , as they call him , hath gotten all Power from the People , even that power of self defence ( which yet is false ) but though this were granted , it will not follow , that a limited Prince hath gote away that power of self defence from the People , and left them naked to his tyrannical will , to be disposed of , as he thinketh good . 7. The King's power being limited , and not absolute , sayes that , by the constitution and limitation , more regaird was had to the security of the People , then to the King 's meer will and pleasure ; and that the Kings meer will and pleasure should not be followed , but resisted , when thereby the good of the People and their saifty vvas in hazard : all men are bound to look more to the end then to the meanes , and to hinder such things as are destructive of the end . 8. If the King's povver be no absolute ; then the Parliament's povver is not absolute : And if the King may be resisted in cases of necessity , because his povver is not absolute : Then the Parliament also may be resisted , upon the same ground , vvhen they do violence and oppresse the innocent : And if the Parliament may be resisted by Subjects , then it cannot be unlavvful for , Subjects , in the cases of necessity , to defend themselves against the unjust violence of their limited Prince , albeit they vvant the concurrence , countenance and conduct of a Parliament or Publick Representatives . 9. If King and Parliament both be limited , they cannot make what lawes they wil. Nay , themselves declare that they cannot make any particular act or ratification in prejudice of the lavvful rights of a third party , and therefore in the end of their Parliaments or Sessions of Parliaments they usually passe an act salvo jure cujuslibet . And if their particular acts are no force , in so far as they prejudge the rights of a third person , nor to be submitted unto nor obeyed , Then their other acts made in prejudice of the glory of God , of the good of his Church , and of the interest of Christ in the land , are of no force , nor to be obeyed and submitted unto : and , if in the former case particular persons are allovved to defend their rights , notvvithstanding of these acts : Then much more may private Persones be allovved to defend Christ's rights , and their ovvne rights , as to their soull & consciences , notvvithstanding of any act or lavv general or particular made to the contrary , the best vvay they can , vvhen all formal legal vvayes are taken from them . 10. If the King be not absolute . He cannot execute the Lawes made , according to his owne lust and pleasure : nor may any inferiour judictory do so : For that is a piece of tyranny : and when he or they , following their owne tyrannical wills , transgresse the Lawes and Bounds prescribed , and take an arbitrary way of executeing their cruelty , They may in that case be resisted : Because that power is no proper magistratical power , but tyranny , and an arbitrary ebullition of rage , no power ordained of God , but the lawlesse will of corrupt creatures . 11. Since He hath not absolute power to execute the Lawes after an arbitrary manner according to his owne lust & pleasure , if when he is doing so , he may be resisted ; then much lesse can be Impower his Emissaries with an arbitrary , tyrannical , lawlese cruelty , under pretence of executing the Lawes ; or if he do , the resisting of such in that case , can be no resistance of the Ordinance of God. Neither God nor Man ever gave him power to conferre on others a Lawlesse license to oppresse , rob , spoile , plunder & tyrannize over innocents . And therefore the resisting of such bloody executioners , without any lawful power , tyrannyzing over the subjects , can be no sin or rebellion , condemned by God or his Law. 12. Since the King may not by an absolute power command what he will. His Subjects are not bound to an absolute obedience , but alwayes in the Lord : It being better to obey God then Man ; and when his Subjects are not bound to obey , he cannot Lawfully inflict punishment on such , as contraveeing his Lawes , obey the Lawes of God : Because just punishments are for transgressions of just Laws : And when he inflicts punishment where God alloweth a reward . he goeth directly against his commission , which is to be a terrour to evil works , and not to good Rom. 13 : ver . 3. And when a Servant , or publick Messenger goeth contrare to his commission , it is no disloyalty to the King , to refuse subjection unto such . So nor is it distloyalty to the King of Kings , to refuse Subjection unto his Minister , when he runeth crosse to his ovvne expresse commission . And therefore the Late Act of defence , being the defence of innocents in the case of extreame and inevitable necessity , against illegal commissions , contrary to the Lavv of God , cannot be branded vvith rebellion , but accounted an Act of lavvful self-defence . CAP. IX . Of the Peoples Power in the works of Reformation . Our Argument hence . THe Author of Naphtaly , Pag. 18. 19. had these words , [ As we have already cleared , that in case either the People , or any part of them be violented to a complyance , or be wickedly persecuted for adhereing to God , in the profession and practice of the contrary dutyes , they may lawfully defend themselves , and are mutually bound to assist and deliver one another : So it now comes to be considered that , seing the maintainance of truth , and the true Worshipe of God , were and are the principal ends and motives of contracting of Societyes , and erecting of Governments , whereunto both the People and Rulers , are not only separatly every one for himself , but joyntly obliged for the publick advancement and establishment thereof : And that God doth therefore equally exact , and avenge the sin of the Rulers only , or of the People only , or of any part of the People only , upon the whole body of Rulers and People , for their simple Tolerance and connivance , without their active complyance with the transgressours ; of necessity , both from the principles deduced , and from the most visible judgments of God agreeable thereto , there must be a supeperior and antecedent obligation to that of submission , incumbent upon all both joyntly and separatly , for the maintainance , vindication , and reformation of Religion , in order to the promoving of these great ends of the publick profession of truth , and true Worshipe , which the Lord doth indispensibly require . ] By vvhich any , vvho read vvith judgment and attention , and consider vvhat preceedeth , and vvhat follovveth , may see vvhat vvas that Authors scope and intention , viz. to shevv in few vvords , the lavvfulnesse of Peoples standing to the maintainance and defence of truth , and the true Worship of God , vvhen violated and enjured by these , vvho , by their places and callings , should endeavour the establishing and perfect security thereof , both from adversaries vvithin and vvithout ; as vvel as to the defence of their persones and libertyes , vvhen wickedly persecuted for adhereing to God : And that , as it vvas not his scope and intention ; so nor will the words give ground to any ( vvho is not utterly blinded vvith prejudice , and resolved to pervert the fairest and smoothest expressions that can be used , to the end they may pervert truth , & deceive the simple who readily beleeve every thing ) to think that he pleadeth for any magistratical authority , and povver to give out mandats , and enjoyn execution upon transgressours in poynt of reformation of Religion , unto privat persones : Far lesse , that he pleadeth for a povver due unto them , to rise against , and throvv dovvne King and all Magistrates , supreame and subordinate , and to use the vindicative punishing & reforming povver of the sword , even in case of defection in matter of Religion . If any vvill but look to the end of that Paragraph , they shall see this fully confirmed , vvhere he is applying vvhat he said , to the purpose he vvas upon , viz. in vindication of vvhat vvas done by our first Reformers , in the dayes of Mr Knox ( of whom only he is speaking in that part of his book ) for thus he speaketh [ and had not our Reformers great reason to feare and tremble , least the manifest toleration of proud cruel and flattering Prelates , who had perverted the lawful powers into bloody persecutors ; and of idolatrous Priests , whose wickednesse and idolatry had corrupted the whole Land , might involve not only themselves , but the whole Nation in destroying and overflowing indignation . ] Was there any such thing pretended , or assumed by these Reformers , but a power to defend , and maintaine the true reformed Religion , and their reformed Preachers , against the malice of powers perverted and enraged against them , by the bloody and pestilent counsel of the these idolatrous locusts , and to hinder open and avowed idolatry , which provoked God against the whole Land ? Did they ever arrogate to themselves the magistratical , vindicative , punishing and reforming power of the sword against all Magistrates Supreame and Subordinate ? Or doth Naphtaly say any such thing ? And yet this Surveyer because he cannot confute what is there nervously vindicated , asserted and demonstrated ; That he may not be seen to do nothing for his hire , he will thraw Naphtaly's words as he thinketh best , and falsly and most impudently assert Pag. 83. That Naphtali sayeth [ Any party of meer private persones may rise against , resist , throw downe King and all Magistrates , Supreame and Subordinate ; and in their Phinehas-like motions , use the vindicative , punishing , reforming power of the sword , especially in case of defection in matter of Religion : and that there is a joynt obligation laying upon the people , and every party thereof , to vindicate and reforme Religion , in a publick punitive way , even against all Magistrates and Nobles , and against the plurality of the people . So that if any part of the people do think the Magistrates , all of them , or the plurality of the people , patrons of abhominations , any private party that think they have power enough , may flee to the vindicative , punishing and reforming sword , and falt upon all Rulers and other , whom they think to be in a defection , and will boldly say that in truth they are so . ] Who seeth not what perverting of truth is here ? When Naphtali only asserts , that in case the Magistrate , to whom the vindicative , and ( in case of backslideing ) the reforming power is committed , and who should make this his maine work , shall turne the principal perverter , and chief patron of these abhominations , some other thing is required of the people then submission , & there lyeth upon them some obligation antecedent to that , even an obligation to the maintainance , vindication , and reformation of Religion : Which may be , and is , something distinct from that vindication and reformation , which is incumbent on Magistrates , even a vindication and reformation , by way of maintainance of the received truth , and hindering of idolatry and blasphemy , or what is dishonorable to God , pernicious to the commonwealth , & opposite to the true reformed Religion : which may be done without arrogateing in the least , that power which God hath committed to the Magistrates : And this is far from useing the sword against the Magistrate , and from throwing him down . It is incumbent to the Magistrate , to defend private subjects from Robbers ; and if they spoyl and robe a man's house , to recover what is by robbery taken away : but if he neglect this , and rather patronize such Robbers ; It is a duty on the subject , to defend his owne , and vindicate and recover his goods , the best way he can : and who will say that it is an usurping of the Magistrates sword , whereby he should punish Robbers , defend the innocent , and recover the goods of the spoyled ; or a riseing up aginst the Magistrate to dethrone him . There is a private maintaining , vindicateing and recovering of goods stollen , which yet is active , and may be effectual : and there is a publick , authoritative and magistratical defending , vindicating and recovering . The other may be incumbent to private persones in some cases , when yet they do not usurpe this . So in the Matters of Religion , there is a private , yet active and real maintaining , vindicating and reforming of Religion when corrupted , and there is a publick , authoritative and Magistratical maintaining , vindicating and reforming . The former may be assumed by private persons , in some cases , without the least hazzard of incroaching upon this , far more without the hazard of calling Magistrats to account , judging , condemning , and dethroning them , and the like . Having thus cleared how little ground he hath , to cry out so against Naphtaly and his party , as the sanguinary faction ( as he doth Pag. 83. ) and to prosecute that dispute as he doth in the following Pages , we will not have much difficulty in answering what he hath said : but first let us prosecute our owne businesse , and shew what real power People have , without their Magistrats , in the maintaining and reforming of Religion : And , 1. It is lawful , yea necessary , for every private person , whether the Magistrates Superiour and Inferiour give their countenance , concurrence , or consent thereunto , or not , to purge their hearts , and reforme thier lives , and to walk in all the wayes of God's Commandements . Our Surveyer himself granteth this , Pag. 84. for sayes he , every one is bound to amend one , and so all will be more easily amended . Very ture : And if this were done , our work were at an end , and himself would be a Hangman to his owne pamphlet , unlesse he think himself exeemed from that duty of reformation , and that he hath a dispensation to lie , slander , calumniate , and blaspheme the work , wayes , and People of God. 2. It is the duty of all private persones , notwithstanding that idolatry , superstition , or any other corruption in the worshipe of God be established by authority , or countenanced and encouraged ; or conformity there to pressed , to keep themselves pure from such courses as provoke the eyes of God , who is a jealous God , and will not give his glory to another ; This is undenyable by all who are not professed Atheists , and who know another God , then a clay creature , and who know that it is better to obey God , then a Man. Our Surveyer granteth in the forecited place [ that every one of the people ought to reforme themselves from all real corruptions in the worshipe of God. ] But , it may be , he maketh this real , an open door for him and his fraternity , to escape by ; and so conclude that he and they are arived at the hight of perfection , ( because forsooth they are fallen backward , and have a minde to goe backward , and never to advance ) and so fall not under the compasse of this duty . But corruptions will be real corruptions , though they account them perfections . 3. It is the duty of private persons to rebuke , admonish , exhort , reprove , observe , edify and provoke one another to love and good works Lev. 19. 17. Mat. 18. 15 , 16. Rom. 15. 13. Col. 3. 16. 1 Thes . 5. 11. Heb. 3. 13. and 10. 24. 25. And thus instruct one another in the right wayes of the Lord , perswade move and induce them by motives and arguments , and all meanes possible , to imbrace the truth , and to forsake errour , or any false way , Even though the Magistrates should prohibite and discharge this , and by their command and authority should establish errour and corruption , and banish truth with their edicts and proclamations . Our Surveyer granteth Pag. 84. [ that no man should say , am I am brothers keeper , but by faithful instruction , warning , reproof , strive to save others from the evil of the time and places wherein they live ] And yet he knowes who are persecuted upon this account , of meeting together for these and such like ends , to strengthen the hands one of another , that they faint not in this evil day , and to save one another from the evils of these times , as keepers of conventicles , and seditious disturbers of the peace . 4. When there is any corruption in the reformed Religion , whether in doctrine , worship , discipline , or government creept in ; or any corrupt sinful practice come in use , and abounding in a land , and these corruptions not only connived at by the Magistrates , but also countenanced , approved and authorized ; it is the duty of all the faithful Ministers of Christ , to be laying out themselves to the utmost , in their pastoral functions , for the suppressing of these corruptions and enormities , notwithstanding of any prohibiton of the Magistrate , whose power is not privative in this case , to the contrary . Though this be abundantly cleared and confirmed by the practice of all the faithful Prophets and Apostles of the Lord , both under the Old , and under the N. Testament ; yet we all know how impiously and tyrannically this is denyed to the honest Ministers of Scotland , who , left they should speak any thing against the rageing evills and abounding corruptions , both in matters of opinion and practice , which hasten the curse and wrath of God upon the land , and make us ripe for destruction , are not permitted to preach uncontroverted truthes , and the undenyable grounds of Christianity . But however this piece of tyranny and persecution be established by law , yet the law of God stands unrepealed & in full force and vigour , & by this law , all who have a trumpet and a mouth should set the trumpet to their mouth , and cry aloud and not spare , and both privately and publicky labour thus to reforme the grievous abuses , that abound in the land . 5. Private persones may , let Magistrates command or discharge what they will , yea are bound to , obey the whole some exhortations and admonitions of Ministers and others , who faithfully declare the minde of God , and discover abhominable corruptions , & crying abhominations : & notwithstanding of any law to the contrary , Imbrace , and practise the true Religion , and reject the corruptions . This is certane , for it is God's minde and will that his commands be obeyed rather then mans ; and if Ministers , and private persons be bound to exhorte , rebuke , warne , reprove , admonish , move and perswade , it is Peoples duty to hearken to , and obey these good and necessary exhortations , rebukes , warnings , reproofs , admonitions and persuasions . God's minde should be followed , hold it forth who will , especially when it is declared by his Ambassadours , who in a special manner are authorized by him for that effect . We know what a dreadful plague and judgment came upon Iudah 2 Chron. 36 : 16. 17. because they mocked the messengers of God , and despised his words , and misused his Prophets , the wrath of God arose against his People , till there was no remedie . And it was this , which occasioned the Non-churching of the Church of the Jewes Act. 13 : 46. Sure when Peoples eare is so uncircumcised that they wil not heare , and the Word of the Lord is a reproach unto them , and they have no delight in it , then is there ground to fear the verification of that sad threatning Ier. 6 : 11 , 12. that wrath shall be poured out upon the children abroad , and upon the assembly of young men together , so that even the husband with the wife shall be taken , the aged with him that is full of dayes , and their houses shall be turned unto others , with their fieldes , and wives together ; for I will streach out my hand upon the inhabitants of the land , sayeth the Lord. 6. From what is said , it is apparent , that all who vvould have peace vvith God , and peace in their ovvne consciences , and joy in the day of their accounts , should imbrace , professe , and practise the truth of God , and the true Religion reformed in doctrine , vvorshipe , discipline and government , Though King , Parliament , and Council should reject and condemne the same , and countenance , or command and authorize the practice of idolatry , superstition , or any false way in the vvorshipe of God , or in the doctrine and discipline . For , no lavv of man can vvarrand iniquity , no act or constitution of any Magistrat under Heaven , can rescinde or invalidate the mandats of the King of Kings , or exempt People from obedience due thereunto . No true Christian ( whatever court flatterers & atheists may do ) can deny this . 7. Nor can it be denyed , That in Kingdomes or Commonvvealths vvhere once the True Religion , reformed in doctrine , vvorshipe , discipline and government , hath been received , publickly imbraced , approved and countenanced by authority , ratified by lavves , statutes , acts , declarations , proclamations , oathes , vovves and engagements . Though the Magistrates Superiour and inferiour should turne Apostates from that Reformed and received Religion , and by their lavves condemne the same , and establish corruptions , and enforce corrupt practices by penaltyes ; yet it vvere the duty of all Subjects , vvho had any regaird to the matters of their ovvne salvation , to adhere to the truth once received and established , and vvorshipe and Serve God , after the right manner , and refuse to obey these iniquous lavves . Will any deny such a truth as this , except such as have sold soull , consciences and all , unto the lust of Men ; or think there is no Religion , but vvhat King and Parliament vvill have , and consequently if they should enjoyne the imbraceing of Mahomet's Religion , or the vvorshiping of Sun , Moon , and Starrs , or of Satan himself , obedience must be yeelded . 8. If in the forementioned case , The Magistrates Superiour and inferiour should combine together , and conspire against Christ and his interest , and should not only , by their acts and statutes , banish him , and his glorious interests out of the Kingdome ; but also , by their cruel executions , labour to force , constraine and compel all their subjects or a part of them , to the renunceing of the formerly received and avowed truthes , and to the imbraceing of the introduced corruptions , and so to run with themselves unto the same excesse of iniquity , perjury and abhomination : Then it is lawful for these Subjects so oppressed , persecuted and abused for their constancy in adhereing to the truths once received , contrare to all engagements , vowes and Covenants , to defend themselves against that unjust tyranny and rage , and maintaine the reformed truth , which is unjustly & violently taken from them , by force , when there is no other probable meane left for them to essay ; nay when liberty to supplicate or petition is inhumanely and severely , under the very paine of Treason , discharged . The reasons are 1. because , we have shewed above , that it is most lawful for Subjects to maintaine their lives , persons , and Estates , against the unjust violence and tyrannical oppression of their enraged Magistrates : And if that be lawful , this must also be much more lawful ; for as the soul is much more precious then the body , so matters that concerne the soul , should be preferred to such things as concerne the body . And therefore Religion , which is necessary for the life of the soull , should be with no lesse Zeale , care and industry , maintained and preserved pure and uncorrupted , then what concerneth the lives of our bodyes . 2. It is lawful for Subjects to maintaine their natural and civil libertyes , by force , when no other way can be used , lest they , and their posterity after them , should be redacted unto a state of perfect slavery and bondage , worse then that of the Israilites in Egypt : And shall it be unlawfull to fight for the defence of Religion , wherein is comprised all true and desireable liberty , and to save posterity from tyranny and bondage in their souls and consciences , much more dreadfull and terrible , then the most insupportable and bitter bondage of the body imaginable ? Shall men be allowed to fight to preserve their owne bodyes , and the bodyes of their posterity from the slavery of men , and shall they not be allowed to fight that they may preserve their owne soulls and the souls of their posterity , from the tyranny of Satan ? Who but such , as either think they have no soulls , more then beasts , or know not the worth of their souls , will deny this consequence ? 3. It is lawful for Subjects to defend their lives and libertyes , in order to the defence of the true Religion , and the interests of Jesus Christs , when their losseing of these should certanely tend to the losse of Religion . Ergo It cannot be unlawful to defend Religion , which is the maine and principal thing . 4. If it be lawful to maintaine the interests of a King against an usurper , whether a stranger , or an inferiour Magistrate , who is under the King , and is seeking to eject him and his interest , contrare to his faith and trust : Then much more must it be lawful , to defend Christ Iesus and his interest , when King and Parliament , contrare to their sworne allaigance unto him , have rebelled ; and are seeking to dethrone him , by their wicked Lawes and Ordinances , and to banish him and his interests out of the Kingdome , by their tyrannical cruelty & inhumane and mercilesse executions . Will any deny this but ingrained Atheistical Malignants , whose chief character hitherto hath been , to preferre man's interest unto Christs ? Or such as have renounced all faith and loyalty unto the King of Kings , and have set up a creature as their only God , whom they minde to Worshipe and adore , and for whom they minde to fight against all breathing , and against the God of heaven also : But their weapons shall fall out of their hands when They shall feel the lighting downe of his arme , with the indignation of his anger , and with the flame of a devouring fire , and with scattering and tempests and hailstones , and when he shall cause his glorious voyce to be heard . If any should Object , That because Christ's Kingdome is not of this World , therefore his Servants should not fight for him . It is easily answered . That , as hence it will follow , that Religion cannot be forced by the sword upon any ; So it will not follow that Religion should not be defended ; for then Magistrates should not defend Religion , nor Christians should not defend their Religion against the Turks . Which is false . And hence , 5. If it be lawful for People to defend their Religion against an army of infidells , Mahometans , or Papists , invadeing the Land of purpose to spoile us of our Religion , and to force us to imbrace heathenisme ; Turcisme , or Popery : Then it must be lawfull to defend the same true Religion against King and Parliament , when they seek to rob the People thereof , and force corruptious upon them : because King and Parliament have no more authority from God , to oppresse the consciences of their Subjects , to corrupt Religion , and force corruptions upon them ; then the Turk or the Pope hath : and therefore , no lesse lawfully may they be resisted . 6. If privat persons may resist and withstand the Prince and Parliaments , when they sell them , and their land and heritages , unto a forraigner , to the Turk or such an adversary : Then much more may they withstand them , and defend their Religion , when they are selling it by their apostatical acts , and thereby selling them and their Souls unto Satan the God of this World. 9. When Religion , by the constitution of the Kingdome , is become a fundamental law , and a maine article and cardinal condition of the established Politie , and upon which , all the Magistrates Supreme and Inferiour , are installed in their offices : Then may that Religion be defended by private subjects , when their Magistrates have conspired together to destroy the same ; & to enforce the corruptions of their owne braine . The reasons are 1. because , it is lawful to defend the just and laudable constitution of the Realme , & in so far , as Religion , which is a principal fundation-stone of this constitution , is subverted , the constitution is wronged , and the fundations thereof are shaken . 2. In so far , the Magistrates are no Magistrates : And therefore they may be resisted . Magistrates , I say , in so far as they overturne the constitution , are not Magistrates ; for that is a maine pairt of their work , to maintaine it : For upon the constitution hang all the libertyes and all the good and necessary Ends , which People have set before their eyes , in the setting up of governement , and His owne being as such ; & the subversion of that , subverts all , and declareth the subverter to be an enemy to the Commonwealth , and an overturner of the polity : and this is inconsistent with being a Magistrate . 3. In so far as they overturne or shake the fundations , they cannot be seeking the good of the Community , but their owne , with the destruction of the Common good , and this is the mark and true character of a Tyrant : And when they seek not the good of the Community , they cannot be looked upon as Magistrates doing their duty ▪ but as Tyrants seeking themselves , with the destruction of the Commonwealth . Therefore , in so far they may be resisted . 4. In so farr , The compact , the ground of the constitution , is violated , and as Magistrates , in this case , in so far , fall from their right , in so farr also , are People liberated from their obligation , so that if They become no Magistrates , the Subjects become no Subjects ; for the relation is Mutual , and so is the obligation , as was shewed above . Therefore , in this case Subjects , may lawfully resist , and defend their Religion , which is become the principal condition of their constitution , and of the compact betwixt King and Subjects . 10. Where Religion is universally received , publickly owned , and countenanced by persones in authority , ratified , approved and established by the lawes , and authority of the land ; There , every person is bound and obliged before God , to maintaine and defend that Religion , according to their power , with the hazard of their lives and fortunes against all , who under whatsoever colour and pretence , seek to subvert and overturne the same ; and to hinder any corruption that King or Parliament at home , or adversaries abroad , would , whether by subtilty , or power and force , bring in ; and lay hold on the first opportunity offered to endeavour the establishment of Truth , and the overturning of these corrupt courses , which tend to the perverting thereof : And the reasons are , because . 1. When the True Religion is once embraced , and publickly received , That land or Commonwealth is really dedicated and devouted unto God , and so in a happy condition ; which happy condition , all loyal subjects and true Christians , should maintaine and promove , & recover , when nearby or altogether lost . And therefore , should do what they can , to hinder any course that may tend to recal this dedication , to deteriorate the happy condition of the Realme , and to give up the land , as an offering unto Satan . 2. By this meanes , they endeavour to avert the wrath and anger of God , which must certanely be expected to goe out against the land , if defection be not prevented and remedyed : For if but a few should depairt , wrath might come upon the whole , much more if the Leaders turne patrones of this defection . But of this more in the next chapter . 11. Much more , must this be allowed in a Land where Reformation of Religion in doctrine , worshipe , discipline and governement , is not only universally owned , publickly received , and imbraced : nor yet only approved , authorized , ratified and confirmed , by publick authority , and the lawes of the Land. But also corroborated by solemne vows and Covenants , made and sworne unto God , by all ranks and conditions of People , from the King to the meanest of the subjects , in a most solemne manner , and that several times re-iterated : in which Covenants , all sweare to Maintaine and defend this Riligion , with their lives and fortunes , and to labour , by all meanes lawfull , to recover the purity and liberty of the gospel ; and to continow in the profession and obedience of the foresaid Religion , defend the same , and resist all contrary errours and corruptions , according to their vocation , and to the uttermost of that power that God puts in their hands , all the dayes of their life : as also mutually to defend and assist one another , in the same cause of maintaining the true Religion , with their best Counsel , bodyes , meanes and whole power , against all sorts of persons whatsoever . And [ Sincerely , really and constantly , endeavour , in their several places and callings , the preservation of thereformed Religion in doctrine , worshipe , discipline and government . The extirpation of Popery , Prelacy , Superstition , Heresy , Schisme , Prophannesse , and whatsoever shall be found to be contray to sound doctrine and the power of godlinesse . And to assist and defend all those that enter into the same bond , in the maintaining & pursueing thereof . And shall not suffer themselves directly or indirectly , by whatsoever combination , persuasion or terrour , to make defection to the contrary party , or to give themselves to a detestable indifferency , or neutrality in this cause , which so much concerneth the glory of God , the good of the Kingdomes , and the honour of the King ; but shall , all the Dayes of their lives , Zealously and constantly , continue therein , against all opposition , and promote the same , according to their power , against all lets and impediments whatsoever . ] Now I say , in such a case as this , when after all these engadgments and covenants , a courte of defection is carryed on , by a strong and violente hand , by King and Parliaments , and there is no meane left unto Private Persones , when violented and constrained to a complyance , by acts , and tyrannical and arbitrary executions , of either preventing their owne destruction in soull and body , or preserving the reformation sworn unto , or recovering the same when corrupted , and of purging the land of that dreadful sin of perjury and defection . They may lawfully take the sword of just and necessary defence , for the maintainance of themselves and of their Religion . This is abundantly cleare from what is said , and shall be furder cleared and confirmed , when we examine what this Surveyer allaigeth against it . 12. Scripture giveth us ground to beleeve , that in such a case as this , when a defection in a covenanted land , and a land devoted to God , is carryed on , more is required of Private Persones , then to mourne and sigh in secret : as , 1. Deut. 13 : 12 , 13 , 14 , &c. If thou shall heare say in one of thy cities , which the Lord thy God hath given thee to dwell there , saying , certane men the children of Belial are gone out from among you , and have with drawne the inhabitants of their city , saying , let us goe and serve other Gods , which yee have not known . Then shall thou enquire and make search , and ask diligently , and behold , if it be truth , and the thing certane , that such abhomination is wrought among you , thou shall surely smite the inhabitants of that city , with the edge of the sword , destroying it utterly and all that is therein , and the cattel thereof , with all that is therein , &c. Which words were undenyably spoken to the People , to whom the rest of that chapter was spoken and particularly directed : So the dutch annot . in the contents of that chapt . say , that the way is shewed how the People of God were to demeane themselves to wards a city that was fallen off : and though , we readyly grant , that these words do not impower private persones to act the part of Magistrates , and brevi manu judge and condemne , or put to death such as are guilty of the crime mentioned ; nor to fall upon the execution without previous judging and tryal of the cause ; yet it will be no wire drawing of Scriptures , whatever this Surveyer allaige , to say , That this place will warrand private persones to defend their Reformation , when by oppression and violence , it is taken from them , and when defection is carryed on in a land devoted to God , and Magistrates either neglect to take course therewith , or countenance the same . The Zeal of the Lord should stirr up people to do more for vindicating the glory of God , and saving the land from an universal apostasie , then privately mourne in secret . Sure this being spoken to the people , sayes , they should manifest and declare their Zeal otherwayes ; seing by this , they might have sufficiently knowne how detestable such a defection was unto the Lord , and that no lesse would pacifie his wrath against that part corrupted , then utter exterminion and overthrow of young and old in it , with their cattel and goods : Will not any readyly yeeld , that they had been bound , to have concurred with the Magistrate in this execution ; and that if the Magistrate had been negligent , to have remonstrated the matter unto him ; and if either that had not prevailed , or Magistrates being chief actors and patrons thereof , they durst not have remonstrated the matter , they might lawfully have joyned together , and with their swords in their hands , have moved the Magistrate to purge out that abhomination , and to have granted them security , that the contagion should not have spread , nor they be infected therewith , left the fierce-anger of God had not been turned away from them ? And if this be granted ( which cannot easily be denyed ) we have our purpose , and Naphthali hath all which he desired , And certanely , to say , That this course was only to be taken , when one city was infected , and not when moe , when ten or twenty , or possibly the major part , were but to elude Scripture , as Naphtali said : seing the same reason will hold in these cases , which holdeth in the cases instanced : and whatever the Surveyer say pag. 56. such a cleaving to the literal meaning of Scripture , as will not admit consequential arguments to be drawne therefrom , to the like cases , nor an argument drawne a minori ad majus , from the case instanced , is neither the Doctrine of Christ , nor of found Divines : nor is the following of Christs example and of the Apostles , who made use of such consequences , a making a nose of wax of the holy Scriptures , nor a wringing or wresting them , to bring in our owne fancyes , nor a covering of our crooked courses with such a cloak : ( however we be branded by him , for this , and as being men of blood and violence , but his falsly rubbing that aspersion on the innocent , will never wipe that right name off him and his party , whose violence and thirsting after blood , is more then sufficiently knowne ) yea himself in his 3 Answere pag. 57 , 58. will allow something to be done by vertue of this text , where the major part is corrupt , and the minor part found , saying [ Though the lesser part is not to acquiesce in the way of the greater , runing into rebellion against God , but by all meanes competent to them , bear witnesse against that way , and study to keep themselves pure , when they cannot prevaile to have matters rectified , as to the whole body ] And yet the carnal luckwarmnesse and indifferency of this latitudinarian Politician in the matters of God , appeareth . That after he had said that [ there is no coming to an accomodation in this matter whether the True God , or other Gods should be served . ] he presently addeth , in a parenthesis [ and yet this man would be very severe , if no Nation in the world , might ( having before been embodyed in a Kingdome or State ) continue and abide in their peaceable communion in civil interests , upon supposition of such an equal division ariseing amongst them . ] It seemeth this meek peaceable man , would suffer Satan to be worshiped in the same State with the true and living God : and that ( if he apply this to the purpose ) if the equal half of the Kingdome of Israel had worshiped , the devil , he would not have been severe , but advised the other half to abide united with them in civil communion . But , leaving these and the like , which are not much to our purpose , let us see what he sayes , to the thing . He tells us Pag. 57. [ That no exposition of a text can subsist , that is either contrary to other texts of Scripture , or to sound reason . ] This is granted : But how showeth he that the exposition given , is contrary to either ? [ It is contrary to Scripture ; because ( sayes he ) the Scripture committeth the vindicative and punishing sword only to the Magistrate , who only is the sword bearer . Rom. 13. ] But this is not against us or our exposition : Naphthali speaks only of private persons taking the defensive sword , and thereby keeping the land pure , and labouring ( still in their private way , not in a judicial authoritative and Magistraticall way ) to purge out corruption , and maintaine Reformation ; can he shew us Scripture against this ? Againe sayes he [ this is poynt-blank contrary to reason , remedyles●y tending to dissolve humane Societies , and all Kingdomes and Comon-wealths . ] Then it seemeth though Magistrates should concurre , with the minor and sounder part , to purge out the corruption of the greater ; or concurre with the equal half , to purge the other , or with a greater part to purge the lesser , if a considerable part , it might not be ; because , that were a way to dissolve humane Societies , and all Kingdomes and Commonwealths . Ay , but he meaneth that it is so [ To teach that any meer privat persones , or any part of a People , who think themselves strong enough , should take on them to sit and act as punishing judges , over all Magistrates Supreme and Subordinate , yea and upon the Major part of the People themselves , and upon their owne fancyes , led with their own lusts , draw the Magistratical sword . ] Answ . But then against whom doth he fight ? Naphtaly spoke not so : Nor doth our cause require that we should say so . We say not , that private persones should take up the Magistrat's sword , and with Magistratical power and authority judge and execute the whole body of the People , and the Magistrates Supreme and Subordinate ; far lesse do we say , That they should do this upon their fansies , or when led with their owne lusts . This is nothing else but to fansy an adversary to himself , when he cannot answere or stand against his proper adversary : and after he hath busked him up in as ugly a shape , as he can , then he may well cry out [ Oh horrid confusion , to be detasted of all rational and Christian hearts ! ] But this is not faire dealing , yet suteable enough to him and his cause , which he can get defended no other way ? But then he tells us Pag. 59. [ That though the words be spoken to the People ; yet it is alwayes to be understood , that the Peoples concurrence in the punishing of an Apostate city , was to be within the bounds of their calling , and under the conduct of the Magistratical power set over them : As when inticers to idolatry are , in the former part of the chapter , enjoyned to be taken order with , ( however nearly they were related to People ) and to be stoned , it is not to be supposed that the charge is given to every private person brevi manu to do this , but judgment was to be execute on them after judicial conviction , and sentence given by the Magistrate , as sayeth Diodat . on v. 8. and Pelargus on v. 14. ] Answ . 1. That the Peoples concurrence was to be within the bounds of their calling , we grant : But the question is how far the bounds of their calling did extend : Did it extend no further then to goe out when called thereto of the Magistrate , to punish that Apostate city ? Then if the Magistrate neglected to call them out , they were not so much as to mourne for that Apostasy , by this text ; Nor to use any other meanes to have the Matter rectified , nay nor to beare witnesse against that way : For if the Magistrate was to preceed , and they only to goe under his conduct , if he called them not forth , they were exonered , all that was required of them , being only to be willing and ready at a call . But sure this interpretation is not consonant to other texts of scripture , as we shall shew . 2. If we look to the other particulars spoken to in that chapter , we will finde that there was more required then that , or a simple mourning in secret ; for no man wil think they were exonered , if they had been only willing to execute the sentence of the Magistrate upon the false Prophet and dreamer , that sought to draw them after other Gods. Seing they were not to hear him . So as to the enticer , they were not only not to hearken unto him , but they were not to pity him , nor to conceale him v. 8. but now , what in case the Magistrate should have refused to have done his duty , to have examined the Matter ; or , what in case the Magistrate should have countenanced and encouraged such an one , was there no more required of them , but to have made offer of ther Son , Daughter , Wife , or Brother unto justice , and when justice could not have been gotten executed upon them take them home again to their house and into their bosome , & live as formerly good friends together ? I feare such cleaving to the letter of the scripture shall be found a meer eludeing of scripture , and a mocking of the holy ghost by whom it was given . 3. Yea that wich Diodat sayes , is more , for he sayes , [ They were to procure vengeance on him , in way of justice accusing him to the Magistrate by information or sufficient proof . ] And if the Magistrate refused to do justice , I suppose , they might have provided for their owne security , and shot him or her out of doores with violence , that was seeking to draw them a way from the true God. So that granting what the Surveyer would be at , the place will make for us : For though the Magistrate was bound to examine , judge and sentence the Apostate city , in a judicial authoritative manner ; yet in case the Magistrate should have connived at , or countenanced such apostacy , they were to use other meanes to have the land purged of that crying obhomination , then simple mourning in secret , even to have taken the sword in their hand , in case the defection was approaching to themselves , and Magistrates were forceing them to a complyance with that evil , or apostasy ; and never to have laid it downe , till not only themselves were secured as to theirpart , but the land were purged of that idolatry & the idolaters executed according to the law , Their Zeal in this case should have carryed them without doors , though not to an assumeing of the Magistrates juridicall authoritative and punishing sword . 2. Esai . 59 : v. 4. None calleth for justice , nor any pleadeth for truth . Where the Prophet among the rest of the evils wherof that People was guilty , and for which heavy calamities did presse them , reckoneth this , that there was none who called for justice , or did plead for truth ; that is , there was none who endeavoured to relieve , and right the wronged , or to redresse what was amisse , see the English Annotat. no man owned the right cause , or took God's part against falshood and wickednesse , [ No man ( say the Duth Annotat. ) to dehort them that deal unjustly , or to maintaine a just cause , and the truth to the utmost of his power . ] So that by this we see what was required of People , in a day of defection , even to call and cry aloude , that justice might be executed , and deal with such as were Magistrats to do their duty , and not to bring and keep on the wrath of God upon the Land ; And this is more then the Surveyer will have to be the only duty of private persones in a day of general defection , Pag. 52. viz. To keep themselves pure without any degree of acting these sinnes , to mourne and sigh for the evils that are done , to be earnest in prayer that God may convert others , to admonish faithfully , and study to reclame these who are out of the way . But this will be more cleare by the following passages . 3. Esay . 59 : 15 , 16. [ Yea truth faileth and he that departeth from evill maketh himself a prey , and the Lord saw it , and it displeased him that there was no judgment , and he saw that there was no man , and wondered that there was no intercessour . ] Truth and the cause of God was so at under , that a man could not get leave to live , if he depairted from evil , he was a prey unto the persecuters , so general and universal was this defection ; and at this time , he saw that there was no man , and wondered that there was no intercessour to interpose , none that would stand up and lay out themselves to the utmost , to set things in order , none that would bestirre himself for truth and the right , which was then oppressed : see the English Annot. on the place : the word is used 2 Sam. 22. 17. where it is said the servants of Saul would not fall upon the Priests of the Lord. So Exod. 5. 3. lest he fall upon us &c. So that we see , there was some positive thing required of them , some effectual mediating , and interposeing , and hindering of these iniquities ; some publick owneing and avowing of the truth , and by publick testimonies , or other wayes of interposeing , & falling-into impede , and stand in the way of that course of wickednesse . 4. So Ier. 8 : 6. [ I hearkened and heard but they spake not a right no man repented him of his wickedness saying what have I done ] It is not probable that there was none penitent among them , where then was Baruch and Ebedmelech Cap. 38. 7 , 9. and others that stood for the Prophet Cap. 26 , 8 , 16 , 17 , 24. But there must be some other thing imported , viz. That there was few or none repenting of national evils , and labouring to remove these , no man was standing up and opposeing these publick land defections , & labouring by this meanes to raise up the virgin of Israel who was fallen Amos . 5. 2. 5. Ierm . 9 : 3. [ And they bend their tongues like their bowes for lies , but they are not valient for the truth upon the earth . ] that is , they were ready enough , all of them , to imploy their power to the utmost , for the evil cause , to establish errour and a false way ; but they used no valour for the oppressed cause and truth of God , they did not their utmost to have Truth established , and the true Religion : They did not put out themselves , or make use of their strength , for the maintainance of truth , and equity in the land , say the English Annot. and they make it parallel with Esa . 59 : 4. This was their guilt , and hereby we see what was the duty even of privat persons ( for of such this is to be meaned , as the context cleareth . ) in such a general day of defection , viz. to be valient owners and maintainers of Truth against all opposers . 6. Ier. 5 : v. 1. [ Run yee to and fro throw the streets of Ierusalem , and see now and know , and seek in the broad places thereof , if ye can finde a man , if there be any that executeth judgment , that seeketh the truth , and I will pardon it . ] We can hardly think , that there were no mourners in secret in all Ierusalem , though it is like they were very few : but there was none to owne the good cause , that was now troden under foot , none bestirring themselves , to oppose and hinder the carryed on course of defection . If that had been , the Lord sayes , he would have spared the place ; which shewes , how desirable a thing this was , and how acceptable it would have been in the Lords eyes , that for that cause he would have forborne to have destroyed them or to have cut them off . 7. Ezech. 22 : 30. [ And I sought for a man among them , that should make up the hedge , and stand in the gap before me , that I should not destroy it , but I found none . ] There were some even at this time sighing and mourning in secret , for these abhominations , who were marked Cap. 9. but there were none to make up the hedge , which their provocations had made , none to redresse the publick defection and Apostasy , and stand for the truth and the suppressing of errour and iniquity . So is it laid to the charge of their Prophets Cap. 13 : 5. that they did not goe up into the gaps , neither made up the hedge , for the house of Israel to stand in the battel in the day of the Lord , Whereby we see , that by this standing in the gape and making up the hedge , more is meaned then a secret mourning , even a faithful and publick owneing of the truth and opposeing of defection , and putting a stope unto it , as Moses did when he stood in the breach , Exod. 32. ( though with authority , as a Magistrate , which private persones have not ) he not only prayed and wrestled with the Lord v. 11 , 12 , 13. but in great zeal took the calfe , which they had made , and brunt it in the fire , and ground it to powder , and strawed it upon the watter , and made them to drink of it v. 20. If there had been any who thus effectually would have stood in the breach , the Lord sayes , he would have spared them : so acceptable would such a work have been to him . 8. So that word Ier. 13 : 18. [ Say unto the King and to the Queen , humble your selves sit downe , for your principalities shall come downe , even the crowne of your glory . ] Will import something more ; it being spoken to all indefinitely , giveth a warrand to all , to deal with King and Queen , to prevent the sad dayes which were coming by reason of the defection and abounding sinnes . 9. So that word Hos . 2 : 2. [ Plead with your mother , plead , for she is not my wife , ] which is spoken to private persones , and so is a warrand to them , to contend in judgment ( as the word doth import ) against the Church , which was corrupted , and had forsaken the Lord , and his wayes ; and so to stand to the defence of truth , and to plead for the cause of God , against their very Mother the Church , The body of the Nation , that not only they might exoner their owne consciences , but also get things reformed , so far as lay in their power ; and keep the memory of the cause of God afresh that it should not be buryed . These places and the like , though we bring them not to prove immediatly our maine Question ( as it may be the Surveyer , who useth to take but half a look of matters , will suppose ) yet when duely considered , in their just latitude and extent , they will clearely evince ; That more is required of private persons , in a general day of defection , then to keep themselves free of the same , or to mourne in secret , or the like . And if we lay them together , they will clearly prove it the duty of privat persones , in such a day of defection , to be publickly declareing their abhorrence of the wicked courses which are carryed on : to be actually and effectually interposeing with King and Great ones , that a stope may be put unto the course of wickednesse , and God's wrath averted : that they would plead Zions cause against all opposers , and thus stand up in the gape , and make up the hedge by publick and avowed owneing of the oppressed truth and cause of God : and valiently seek and plead for the truth , and with their Mother the Church , when all is corrupted , left a bill of divorce be given her : And this is something more then our Surveyer will allow . And vvhat way this shall help us , vve shall see aftervvard . Novv vve must examine What the Surveyer sayeth . He Pag. 46. after some rambling after his wonted manner , & misrepresenting of the thing wich vvas said in Naphtaly , ( as any judicious reader will perceive , so that we need not trouble ourselves to discover the same unfaire dealing so oft as vve meet with it , lest vve should waiste paper and paines , as he hath done , in repeating the same things over and over againe , ) He tells us That [ It is not to be doubted that Religion is the chief interest , that men and Christians should look after , and where it becomes a legall right , and the Magistrate who beares the sword leads the way , no doubt privat persones may follow in the violent defence of it , against all opposeing the Magistrate , the law , and themselves in owneing of it . ] Answer . This cold laodicean will give Religion the best word , but no more : He granteth that it is the chief interest that men and Christians should look after ; and yet so cautious is he in showing the manner how they should look after it , that in effect he doth postpone it unto many other lower concernments : For 1. it must become a legal right , ere they defend it . 2. And when it is become a legal right , they cannot defend it unlesse the Magistrate lead the way . But what if a virgine hath not a legal right unto her chastity , by such a law as that leacherous King Ewen the 3. made , shall she not be allowed to defend the same ? And if she shall , shall not men be allowed to maintaine their Religion , though some iniquous act of Parliament take the legal right of it away ? Yes doubtlesse if it be the chief interest . Againe , what if an unjust act take away a man's right to his heritage , shall he not be in case to defend it against robbers ? 2. By his second caution it would appear , that if an army of Turks or Tartars were landing in Scotland to robus of our Religion , we might not resist , unlesse the Magistrate did lead the way . But might we not in that case defend our lives and lands ? If he should deny it , I know few that will be of his opinion , and if he grant it , he must not account Religion the chief interest . Againe , what if the Magistrate shall permit Subjects to defend their Lives and Libertyes against invaders , though he should not lead the way ? Will he allow it in that case ? Then he must preferre these unto Religion ; for Religion , he sayes , must must not be defended , but when the Magistrate leads the way : [ Neither ( sayes he ) can it enter into a Christian heart , that it is to be surrendred unto the arbitrement or pleasure of any power in the world , nor of any Magistrate over us , as this man wickedly suggests is done ] Answ . The Surveyer is this wicked person , who not only suggests , but upon the matter affirmes it , and avowes it ; for what is it else , then to surrender our Religion to the arbitrement of Magistrates , to say , that we may not stand to the defence thereof , unlesse they will both authorize it with their law , and also lead the way when any oppose it ? That which we will not maintaine without the approbation and conduct of another , we wholly give up to the disposeing and pleasure of that other . What he sayes concerning our present case , shall be considered in end , once for all . Then Pag. 47. [ Whatever may be said concerning private mens resisting the powers that urge them to idolatry , or false Worshipe , or invading their lives , if they will not so do , comes not home to the present case . ] Answ . He would do well to speak plaine , and not look with a double face ; Either he thinks it lawful , in this case to resist , or he thinks it unlawful ; if he think it unlawful to what purpose doth he make mention of it , as a different case from what is presently under debate ; And will not any see that if he deny this to be lawful , our Religion is wholly given upto the arbitrement of the Magistrate ? If he think it lawful , he must then grant that Religion may be defended , even when the Magistrate who bears the sword , doth not lead the way , and why then it should not come home to our present case , I do not see ; for he doth not lay the stresse of his answers on the inconsiderablenesse of the ground of the resistence , ( though here and there He hint at that ) but upon the unlawfulnesse of resisting the Magistrate , who beares the sword : Now this ground faileth him here . But he ads [ Yet Lactantius word , Lib. 5. c. 20. is to be well remembered by all private persones , Defendenda est Religio a privatis omnibus , non occidendo , sed moriendo ] Answ . Then according to Lactantius it must be unlawful to defend Religion , even when the Magistrat urgeth to idolatry , invading lives if they will not do it : yea if this be generally received as a truth , The People of Scotland might not defend their Religion against an army of Pagans Turks or Tartars , if the Soveraigne should not concurre : Which I know not who would assent unto . But he will come off with a few notes Pag. 47. &c. That whereas Naphtali said That to be violented in Religion ( which cannot be without an unjust force , either on mens persons , or on their goods ) is the most wicked and insupportable of all injuries He thinks such a word should have been better guarded , lest all coactive power of the magistrate in matters of Religion , might seem to be disowned , which would favoure such , as are for absolute toleration . But what needed this ? Could he think that the author of Naphtaly did imagine , That to be violented in any Religion whether true or false , was such an insupportable injury ? Or that it was his minde to plead for an universal toleration ? What ground had he for so thinking ? Sure that had been prejudical to his hypothesis , which this Surveyer himself will not call a false Religion : will it not suffice to say , he meaned a violenting in the true Religion ? [ No ( sayes he ) for what Sectary will not pretend , that he is violented for the true Religion , which he will avow is so , according to his conscience , — and it is this man's principle , that every man in his discretive judgment , is judge of the justice or in justice of his owne sufferings , and accordingly must determine a nent his resistence to the violence ] Answ . 1. Then it seemeth his guairding of it , in his owne words , saying [ It is true , to use violence upon any in their persons or goods , to bring them to an external false Religion , or to drive them from the true ( otherwise Religion cannot be violented ) is the greatest of injuries ] Is not sufficient to salve the Magistrates co-active power in matters of Religion ; for notwithstanding of what he sayes , the pleaders for universal toleration have the same door open they had . 2. If he will deny this discretive judgment in matters of sufferings , he must deny it also in matters of acting ; for if no man must judge , whether the violence offered him be just or unjust , why should a man judge , whether the commands enjoyned him be lawful or unlawful ? And so , as he may not so judge of the violence offered him in the matters of Religion , as to repel unjust violence with violence , neither must he judge of the lawfulnesse of the commands concerning Religion , so as to refuse obedience to unjust commands : And then it will follow , that subjects must yeeld blinde obedience to all the commands of the Magistrate in matters of Religion , and never question any of them : This , I grant , is not to plead for absolute toleration , but it is clearly to plead for absolute tyranny over consciences , fit to be heard and received by Atheists , but by none else . 3. We know the most lawful thing may be abused , and he dar not say that every one who pleads for a lawful thing , pleads also for the abuse of it . He who sayes a man must not change his true Religion , at the command of the Magistrate , doth not say that a man must not change that Religion , which he thinketh in his conscience is the true Religion , and is not , at the command of the Magistrate : So he vvho fayeth a people may defend their true Religion , when the Magistrate is violenting them in it , Sayeth not that every Sectarian company may defend that Religion , which they take to be true , and is not , when the Magistrate is violenting them in it . We say not that an erring conscience obligeth , or that a man's thinking that he is injured in the true Religion , is sufficient ground to engage him in violent resistance . And he himself dar not say , the Religion as reformed in doctrine , worshipe , discipline , and government ( which the late defenders owned ) is a false Religion : Nor dar he say , that the corruptions which they opposed , were the only true and necessary Religion . He seems to chant some other thing here and there , in this part of his pamphlet ; but we look for more in the following parts , where we shall have his minde more fully . Sure the Religion they owned , and we stand for , was the Religion he himself once owned , and all the Magistrates , Supreme and inferiour sealed and approved , with their oathes and subscriptions : And the corruptions they and we oppose , were once by himself , and all ranks of people of the land , abjured oftner then once ▪ So that all this is but to raise dust in peoples eyes , to the end they may mistake the way [ Againe ( sayes he ) does not this man plainely professe to stir up all , with whom he can prevaile , to violente others , Magistrates , Church-men , people and all , in the matter of their profession ? ] Answ . Their profession is manifest and professed perjury ; for they have renunced the reformed Religion which they once owned , and avowed with hands lifted up to the Most High , and their extant subscriptions beare witnesse against them ; and all the congregations and publick meetings , in which this Religion was owned , are witnesses above all exception . And they have with the dog licked up their vomite , which once they spewed out with an oath of abjuration . 2. But wherein are they violented ? Do they that stand to the defence of their Religion , and labour or endeavour to have corruptions formerly abjured , purged out , incurre the crime of violenting others ? Yes for ( sayes he ) even private men are stirred by bloody exhortations , to be revenged on , and punish all Magistrates and others , whose blood they thirst for , because of their not being of their way , which they call Religion . ) Answer . This is but one of many of his bloody assertions , savouring neither of Christianity , nor prudence , but much of cruelty and tyranny : and we see his teeth , and his tongue both ; But the judge of the innocent heareth and seeth . 2 , Did not this perjured wretch and his fraternity call this way , Religion , and the true Reformed Religion , when they swore those Covenants , & will he now come & speak thus ? O but he must have a brazen face & an abdured conscience ! Ay but he tells us afterward , Pag. 48. that [ Whether truth lye on our side or his , as to the poynts of Church government is the question , and if we will not admit publick powers and authorities to be judges in that matter , far lesse have they reason to admit of privat persones . ] Answ . 1. It seemeth it is past question with him , that the vomite which he hath licked up , is the most fatning morsel , that ever he gote ; but the most fatning food is not alwayes the most wholesome : And I fear this shall prove so to him , if he repent not , when for it , the wrath of God and the long & broad curse shall enter into his dwelling place , and into his very soul . 2. We are content the stresse of the businesse lie upon that question , and shall be glade to hear what spirits his new food hath put into him , to maintaine that condemned and abjured cause . 3. We look not upon our publick powers and authorities as Judges competent in that matter , nor did they judge , as Judges should have done , when they set up that abhomination ; but as men mad on their idols , so did they run , to please , he knoweth , whom . 4. This is the very thing which Papists say anent the judge of controversies , save that he puts the civil Magistrate , in place of the Pope . 5. This controversy is not to be judged till now , and privat persones may be sufficient judges of what was sworne and subscribed by King , and all rankes of People , and must have more solide grounds and motives to induce then to renunce what they have been fully perswaded was truth , and have owned as such , under the paine of damnation , by their solemne Oathes and vowes ; then the meer vvill and command of a Creature , as obnoxious to errour & mistakes as another . And as for vvhat he hath a minde to say upon that head , it is novv a little too too late , unlesse he be able to do , vvhat never one before hath done , viz. prove that forme of government ; the only necessary government , Iure Divino , perpetually binding all , in all ages : but the vulgar vvill have a sufficient antidote against all , vvhich he can say , by seeing & hearing , vvhat they have seen and heard these yeers bygone , both vvhen this abhomination vvas but about to be introduced , and since it hath gote up to its pinacle , though nothing should be said , of the abhominable & scandalous carriage of such as have imbraced that Antichristian course , a true historical relation of vvhich vvould make the eares of all true Christians to tingle . His 2. note is upon the probable capacity which Naphtaly spoke of : this brings to his minde Bellarmin's excuse why the ancient Christians took not armes against Nero , because they wanted temporal strength . But might not that excuse be good in itself though Bellarmine made use of it ? I suppose upon second search , it will be found , that they had not such a capacity , as he , it may be , supposeth : But of this afterward . It brings to his minde also what Creswel the Jesuite said against the Edict of Q. Elizabeth . But all this is nothing to the purpose , for neither we , nor Naphtaly joyne with the Iesuites ( whatever he say ) as to the deposeing and throwing downe of Princes , and all Magistrates , and punishing them by private hands . But if he think this condition , in private persons resisting of violence , Iesuitical , viz. if they be in a probable capacity to do it . He must give us leave to say , It is very rational , and he is more then brutish to think otherwise : For will he say , that it is an indispensable duty , for Ten private persones , though they had their Magistrates with them , to go and resist an army of Ten Thousand , unlesse they have an extraordinary particular & peremptory cal of God ? Sure then he but shewes his folly to carpe at such things as these , let him read , Luk. 14 : 31. Next let us see what he hath Pag. 84. 85. 86. Where he sayeth 1. ( That albeit it be God's holy will , that in erections of civil government , his Truth , sincere worshipe and glory in these , should be mainly minded and intended by men , and it is mens duty so to do ; yet it is clear that in many places de facto it is not so ; although men in the general professe aiming at Truth , and right worshipe , yet there are aberrations in the particular . ] Answ . 1. This is very true , and not only do we see that it is so de facto ; but also that where conscience hath been made of mindeing Gods truth , sincere vvorshipe , and glory , and these so twisted in , and interwoven with the constitution of the civil government , that they became to the subject , a piece of their National patrimony , secured by all meanes imaginable , not only these necessary things are not minded , but they are sought to be overturned and destroyed . 2. Since he grants that it is men's duty so to do , how can he condemne what the honest Parliaments of Scotland did , and what the king consented to , and owned ? Was that any thing else but to establish and secure the reformed Religion in Doctrine , worshipe , discipline and government , for the glory of God , and the good of the nations ? Next he sayes , [ Albeit there be in the poynt of truth , and the worshipe of God , anotable perversion and swerving , that doth not at all invalidate the authority , nor break the obligation thereunto , although it be injurious , to favourers of Truth and right Worshipe : for although Religion be not minded , as it ought to be , God will not have the Commonwealths , where justice between Man and Man is maintained , for his glory , casten loose ; nor have men think themselves loosed from obligation to the government — for neither must they be heard , who hold that civil dominion is founded on grace , nor they who say , That infidel , heretical , or excommunicate Magistrates fall from their power , or that the subjects obligation to them ceaseth . ] Answ . 1. Yet vvhere the maintainance of Truth , and of the right vvorshipe is a fundamental pillar of the constitution , and a maine article of the compact betwixt Magistrates and subjects , a failing here is a loosing of the government , and of the Subjects obligation , if not in vvhole , yet in so far ; 2. A pleading for the observation of the compact and maintainance of the Truth and Worshipe of God , conforme to sworne compacts , is no breaking of the obligation , but rather a way to have it strengthened and made more firme : Much lesse can they be charged with this , who plead only for a liberty of defence of the same Truth and Worshipe , against manifest injuries , contrary to Covenants , vowes and compacts . 3. Such as resist the unjust violence of Magistrates , do not therby loose themselves from the obligation to government , otherwise every woman who in defence of her chastity resisted the prince , should die as a Traitor , 4. We abhore both that opinion , that dominion is founded on grace , and that other of the Papists : we stand upon other grounds , as hath been , and may yet be , furder shewed . The summe of what he says in the 4 place ( for what he hath said in the 3 place is but some concessions , which are touched already ) is this [ That to reforme in a publick coactive way , by the use of the vindicative and punitive sword , belongeth alone to the Magistrate , so that persones of meer private capacity , cannot use that sword against all Magistrates , and their fellow subjects , to violent them in matters of Religion , or which they account Religion , and punish them for not being , of their Religion . ] Answ . It is but his groundlesse calumny , to say that Naphtaly sayes all this , and so it is nothing to the question in hand , which is concerning privat persons maintaineing their Religion , and endeavouring to have corruptions removed , which may wel be , without the least incroachment upon the Magistrates ; and since he speakes not to this , he either declares himself unable to confute what we say ; or he fowlely prevaricates , to the palpable betraying of his owne cause ; or both . Then he tells us further . [ That the great mistake in all this matter is , That we think the Magistrate & People , are , as to their Covenant with God , debtors bound in a band conjunctly and severally , for one sum , so that in the deficiency of the one . the other must pay all , and hath power to distresse the deficient — whereas they binde , but for their several moieties of a sum — so that if the People reforme themselves , and keep themselves pure from abhominations , the Magistrates deficiency ( which they tolerat with grief ) shall not be imputed to them : Because God giveth them not a calling to intrude into the Magistrates office — there lyes no obligation on them to force the King , or their fellow subjects to external meanes of Worship and Religion . ] Answ . This is the summe of what he spendeth many words about , but it may be easily answered . For 1. By this simile he will wronge the Magistrate : for as the People may not presse the Magistrate to pay his moyety , how may He presse the Subjects to pay their moyety ? 2. If the Magistrate break to God , and will not pay his moyety of the summe , he cannot presse the Subjects to break also , and not to pay their part ; but whether he will or not , they are bound to keep Covenant : and if he force them ▪ his violence is unjust and illegall ( for no law can warrand People to break their Covenant with God ) and may lawfully be resisted ; and this is enough for us . 3. A better lawyer then he Althusius pol. cap. 28. n. 18. tels us that in those Religious Covenants , Magistrates and People are bound conjunctly and severally , so that the whole summe may be required of either of the corrëi : Ita sunt corrëi ( sayes he ) ut in solidum & in continenti ab unoquoque promissum peti possit , tanquam a principalirëo . l. poen . de duob . rëis stip . 2 Chro. 33. 2 King. 24. 4. Deut. 29. ) And his reason is , because God would not commit to one the care of his Church , and worshipe ; but to the whole People , whom their servants King and Parliaments do represent , which also he proveth from Ier. 17 : 20. and againe Num. 19. He tells us that one of the corrëi must answere for the other and partaketh of his guilt , if he do not oppose and resist him as much as he can , and so hinder him from breaking : Which he proveth from 1 King. 14 : 16. and Num. 23 : 24. He ansvvers Barclaius alledging the same thing vvhich this Surveyer alledgeth saying , [ Concedo Barclaio in duobus rëis promittendi observari , ut uno solvente quod promisit , alter liberetur , Ergo quando Rex vel Populus ob delictà sua arque foederis initi transgressiones , poena â Deo est affectus , alter liberabitur . Verum haecregula , uno corrëo solvente , alterum , liberari , exceptionem patitur in casu quo non insolidum & in tot●m corrëus solvit . sed pro parte , uti hîc , unus ex corrëis poenas persolvens , Deo non in solidum solvere potest . Deinde haec regula non procedit in delictis ; In his enim uterque corrëus delinquens & criminis socii puniuntur in solidum , neque unus poenas luendo , alterum liberare potest , 1 Sam. 12 : ver . 27. Et docent id late ICC. Denique praedicta regula non procedat in casu qnando uterque corrëus se in solidum obligavit ad idem factum , uti in hoc foedere accidit , 2 Chron. 15 : ver . 13 : Vbi de poena subditorum & Regis loquitur , ut , 1 Sam. 12 : ver . 7. 4. But now the question is what is the Peoples duty , in a day of defection ? He sayes it is only to keep themselves pure from the abhominations , and reforme themselves . But we have shewed above that the scripture requireth more , even some active endeavour , to have the National Corruptions removed , though not to usurpe the Magistrates place . But sayes he [ The late Covenant it self , doth bind private persons in their places and callings ( which certanely are private , and to be managed by private means ) to endeavour reformation , & doth not bind any number of private persons to pull the sword out of the Magistrate's hand , when they think he useth it otherwise then he should , and then they would have him use it — if the Covenant be passive of such commentaryes , as this man puts upon it , That whatever any private party accounts Reformation , they may use the vindictive punishing sword against all , of all degrees , that stand in their way to advance the same , we have little reason to be in love with it ; and just cause to cast it by , till it be cleared of such corrupt glosses . [ Answer . I feare the Surveyer be so out of love with it , and have so cast it by , that were it never so cleared ( as it is cleare enough ) he hath no minde to take it up againe , and he best knoweth what it vvas that moved him to cast it off . But 2. as Naphtaly said vvel , That clause annexed can not be so restrictive , as this Surveyer would have it ; for certanely it cannot bind up privat men's hands , from doing of these things , which otherwise were commanded them to do . Now whether this Covenant had been or not , more would have been required of private persons , in a time of great and universal or a national defection , then at other times . Every man is bound according to his place and station to preserve he Kings person and authority . Now put the case that some party or faction should captivate him , This man will grant that private persones , without the conduct of inferiour Magistrates , may joyn together , if they be in a capacity to break thorow impediments , & through the interprize , and labour his vindication and delivery , and restauration : Would he in this case condemne these men , as acting without their sphere , or as usurpers : I suppose not : Let him then apply this to our case . and he will easily see the parallel . So it is the duty of burgesses in their places and stations , to promove the good of the society : Now suppose a fire kindle , and such as are appointed to oversee the quenching of fires either are absent , or carelesse , or half willing the Town should be burnt , shall private persones hands be bound up from doing what they can , in what order they may , to save the Towne ? shall they be accounted transgressours , or Usurpers of the Magistrat's place , though they should materially occupy his roome for that exigent ? No certanely , they should rather be accounted faithful citizens , mindeful of their oath and promise . So when an army is engaged with the Enemy , if the Commanders should perfidiously betray their trust , and leave their station , or seek the destruction of the army , in their station , It would be accounted no usurpation , in any private persons , who could best fill these roomes and places , for these exigents , to do what they could , for the saifty of the army : Nor would this be thought contrare to their oath . When a Master of a Shipe either through sotishnesse , or vvickednesse , vvould run the ship against the rock , any private Seaman in that case of necessity , may , to save his ovvne life and the lives of all vvho are in the shipe , do the best he can , to prevent destruction , without any sinful transgressing the bounds of his calling . Whence we may understand , that in cases of extreame necessity , private persones may do more , then in ordinary cases ; and yet not sinfully goe beyond their places and callings : and though materially , they , for that exigent , occupy the places of Superiours , who sinfully , unfaithfully , and basely , either neglect or betray their trust ; yet they cannot be accounted Usurpers : nor is it rational to say , that such as plead for the lawfulnesse of this , do plead for the lawfulnesse of private persons pulling the sword out of the Magistrate's hands , whensoever they think he useth it otherwise then he should , or whensoever he useth it otherwise then they would have him use it ; and useing the vindictive punishing sword against all Magistrates and others , that stand in their way . By this also , vve may see what injury he doth to Naphtaly , when he draweth such consequences from vvhat he said Pag , 151. and there did shevv by the simile adduced , that such a thing vvas to be done only in extreame inevitable and urgent necessity . And what the Surveyer hath said Pag. 116. and 117. needeth no other ansvvere . This is not all , he must harpe on this string againe Pag. 103. where he sayes [ That it is to ruine all order , to teach that the advancing Religion , not only actibus elicitis but actibus imperatis , which belong to the Magistrate , may be medled with by the people-extraordinary necessities are more easily pleaded then justified , as ground sufficient for some actions , whereto there is no extraordinary call ] Answ . Though this be sufficiently answered before , yet we say , 1. That order is already ruined , when the Magistrat destroyeth what he should preserve , and so crosseth his commission : and who teach that in such an extraordinary case , when God's order is violated and broken , and all in hazard to be overturned , such things might be done , which needed not to be done , if God's order and appoyntment were observed , do not take a way to ruine all order , but rather to preserve that , vvhich order it self is appoynted , as a meane , to preserve . 2. We plead not for such formal imperate acts , in matters of Religion , as due to privat persones ( as we have said . ) But for a povver , according to the ability God puteth into their hands to hinder him from being dishonoured , to defend their ovvne profession and Religion , to hinder an universal apostasy , and to endeavour in their capacities , to have things righted , vvhich are out of order . And vvhen private persones are carrying themselves thus , vve deny that they are runing out of their rank and calling ; nor can he prove it . 3. Will he say that no actions can be sufficiently justified because done in extraordinary necessities and vvithout an extraordinary call ? Then he shall condemne the Covenants which David made vvith the men of Israel , 2 Sam. 5. and vvhich Iehojadah made betwixt the King & the People : For he told us that both these vvere in extraordinary occasions , and he cannot shovv us any extraordinary call . He addeth [ If Magistrates be deficient — privat persons are sufficiently discharged , if they keep themselves pure , and do vvhat possibly they can , for advanceing Religion in their privat capacities and by their Elicite acts — if a mans eyes be put out his eares , or other senses will goe as far to supply that defect , as may be ; yet , cannot help the body by elicite acts of seeing . So whatever length private persons may goe , for the good of the body , they must not goe to exercise and exert formally , acts magistratical . ] Answ . All alongs we heare nothing but dictatings : This and this he sayes , and there is an end , a noble patron of a desperat cause , and worthy of a great hire . But. 1. The question still abideth undiscussed how far privat persons capacity doth reach ; for that they must do more then keep themselves pure we have shevved . 2. If they may do what possibly they can , for advanceing Religion in their capacities , they may do more then he will have them doing ; for then they may defend Religion with the sword , and with violence hinder idolatry and superstition , and what of that nature provocketh God to wrath . All this and more is within their capacity and possibility , as he would easily grant , if the Magistrate vvould but countenance it , yea and though he should oppose , say vve . But he will say , these are not elicite acts . And vvill he grant nothing else to privat subjects but elicit acts ? Then he vvill not grant them liberty to disput for Religion , to exhort , rebuke and admonish &c. for these are not elicite acts , more then disputing vvith the svvord , and so vvith his Philosophick distinctions , he vvould charme us into a perfect acquiescence vvith vvhat Religion the King vvill enjoyne . 3. Eares and other senses never set up the eyes , and gave them povver to see for their good : But the People set up the Magistrates , and may do , when the Magistrate layeth downe his sword , or avowedly betrayeth his trust , what they might have done before they made choice of him . 4. By this Simile it would follow that the People cannot only not do the Magistrate's Imperat acts , but not so much as the Elicite acts which he may do , vvhich is false . 5. Though they cannot exert or exercise Formally acts Magistratical , if they may do it Materially , we seek no more . In end he tell us . That it is a dangerous and destructive tenent to be held forth to be beleeved by People That in all cases whether concerning Religion or Liberty , when they account the Magistrate to pervert the government , that they are Eatenus in so far , even as if they had no King , and that the royalty hath recurred to themselves , and they may act and exercise it formally as if they had no King at all ] and this he tels us is the expresse doctrine of Lex Rex Pag. 99. 100. Novv that all may see vvhat a shamelesse and impudent man this is , and how little reason any have to give him credite , I shall recite the authors very words . [ But because ( sayeth he ) the Estates never gave the King power to corrupt Religion , and presse a false and I dolatrous worshipe upon them ; Therefore when the King defendeth not true Religion , but presseth upon the People a false and Idolatrous Religion ( this is some other thing then when they account the Magistrate to pervert &c. ) in that they are not under the King , but are presumed to have no King eatenus so farre , & are presumed to have power in themselves , as if they had not appoynted any King at all — If an incorporation accused of Treason & in danger of the sentence of death , shall appoynt a lawyer to advocate their cause , — if he be stricken with dumbnesse , because they have losed their legal and representative tongue , none can say , that this incorporation hath losed the tongues that nature hath given them , so as by natures law they may not plead in their owne just and lawful defence , as if they had never appoynted the foresaid lawyer to plead for them . The King — is made by God and the People King , for the Church and People of God's sake , that he may defend true Religion , for the behove and salvation of all : If then he defend not Religion — ( NB ) in his publick and Royal way , It is presumed as undenyable , That the People of God who by the law of nature , are to care for their owne soull , are to defend ( NB ) in their way , true Religion , which so nearly concerneth them and their eternall happinesse . ] Now let any judge if this be so dangerous and destructive a tenent , As he would make his reader beleeve . But it is easy for him who hath no shame , to pervert sentences which he cannot confute , and then call them dangerous and destructive : and thus he will make the rabble of the degenerate clergy and other simple ones beleeve , that he hath confuted Lex Rex . And thus dealeth he with Naphtaly as we have shewed already . Having thus considered all which the Surveyer hath here and there spoken against that which we have said , let us now come to apply what hath been said , unto our present purpose , of vindicating the late act of defence ; which , by what we have said , we finde cannot be justly condemned as treasonable or rebellious , but rather approved and commended as loyall service to God and the Countrey . For 1. Thereby they were professing their constancy , in adhereing to the reformation of Religion in doctrine , worshipe Discipline and Government , which was consonant to the word of God , and publickly received with all solemnities imaginable , notwithstanding of acts and lawes made to the contrary : and no true Christian will say , That subjects should imbrace any Religion which Magistrates will countenance and prescribe , be what it will , or upon that account . 2. As they were thereby declareing their soul abhorrence of these corruptions , which were countenanced and authorized by sinful acts and statutes ; so they were defending , to the utmost of their power , the reformed Religion , according to their Covenant , and vow to God. And that such a defence as this , is lawful , we have shewed . 3. They were defending themselves against intolerable and manifestly unjust violence , offered because of their adhereing to the cause of God , and to the reformed Religion , which King , Parliament , and all rankes of People in the land , were solemnely sworne to owne , and avow , all the dayes of their lives , really , sincerely and constantly ▪ as they should answere to God , in the great day ; no lesse then they . 4. They were mindeing their Oath and Covenant made with God , with hands lifted up , with solemne attestations , and protestations ; the Covenants which they did make and renew in the presence of Almighty God , the Searcher of all hearts , with a true intention to performe the same . 5. They were endeavouring in their places and stations ( according to the latitude allowed in times of such necessitie , and in matters of such weight and moment ) to have the Church and Kingdome purged of these abhominable and crying corruptions , and grievous abhominations , which provoke the Lord to wrath , against the whole Church and Kingdome . 6. They were defending the maine fundamental law and constitution of the Kingdome , and that maine article of Agreement and Compact betwixt Soveraigne and Subject , which all the members of the Nation , were no Lesse bound unto , then they . 7. They were joyning together , as detasteing that detestable indifferency and neutrality abjured , to defend and assist one another in the same cause of maintaining their reformed Religion , with their best counsel , bodyes , meanes , and whole power , against the old , inveterate and Common enemie , that malignant spirit and rage ; according to their Covenants . 8. They were repenting of their National sin , in complying ( by their sinful silence , & not giving open , faithful , and faire testimony , when the Truth of God was openly and violently trode under foot ) with that dreadful course of backslideing , which was violently carryed on . They were calling for justice , and valiently pleading for truth , sinfully and tyrannically borne downe and oppressed . They were with zeal and courage valiently interposeing , & labouring to put a stop to the begun and far-carryed-on defection , when truth was failing , and he who depairted from evil made himself a prey , that God might pardon , and look in mercy on the land . They were endeavouring to stand in the gape and make up the hedge ; and pleading with their Mother Church , or a malignant faction in her , shamefully departing from God , when there was no other way or meane to be followed , or essaved . When all these things are duely considered and laid together , It will appeare to impartial and unbyassed persones , That the late act which is so much condemned and cryed our against , is not so hainous and unpardonable a crime , as this Surveyer and his wicked party vvould give it out to be : but vvas a noble and laudable interprize , for the glory of God , the good of Religion , Church and Kingdome ; beside that it vvas a most necessary and unavoydable act of self defence . Since the Scriptures formerly cited vvill allovv more unto private persons , then vvhat this Surveyer restricketh them unto , ( as vve have shevved ) in a time of defection : Then vvhen there vvas no other vvay left to do these dutyes there required , and vvhen vvith all several other things did call aloud to a mutual conjunction in armes for defence of one another , and repelling of unjust violence , and prosecuteing the holy and necessary ends of the Covenants vvhich they svvore , no man in reason can suppose that such a vvork is repugnant to Scripture or right reason , but rather most consonant to both . And though many do and will condemne the same , even as to this interprize of Reformation , upon what grounds and motives themselves best know , yet Our worthy and Noble Reformer famous Mr Knox if he were living this day , would be far from speaking after the language of such . For he in his appellation Pag. 22. &c. hath these words [ The second is , that the punishing of such crimes , as are idolatry blasphemy , & others that touch the Majesty of God , doth not Appertaine to the Kings and chief rulers only ; but also to the whole body of the People , and to every member of the same , according to the vocation of every man , and according to that possibility and occasion which God doth minister , to revenge the injury done against his glory , when that impiety is manifestly knowne : And that doth Moses plainly speak Deut. 13 : v. 12 , 13 , 14 , 15 , 16. in these words , if in any of the cities &c. — plaine it is that Moses speaketh not , nor giveth charge to Kings , Rulers , and judges only ; but he commandeth the whole body of the People , yea and every member of the same , according to their possibility : And who dar be so impudent , as to deny this to be most reasonable and just ; for , seing that God had delivered , the whole body from bondage ; and to the whole multitude had given his law ; and to the twelve Tribes had he so distributed the inheritance of the land of Canaan ! that no family could complaine that it was neglected ; was not the People and every member addebted , to acknowledge , and confesse the benefites of God ? Yea , had it not been the part of every man , to have studyed to have keeped the possession which he had received ? Which thing God did plainly pronounce they should not do , except that in their hearts they did sanctify the Lord God ; that they embraced , and inviolably keeped his Religion established ; and finally except , they did put away iniquity from amongst them , declareing themselves earnest Enemies to these abhominations , which God declared himself so vehemently to hate , that first he commanded the whole inhabitants of that Countrey to be destroyed , and all monuments of their idolatry to be broken downe . — But in such cases Gods will is , that all creatures stoup , cover their faces , and desist from reasoning , when commandement is given to execute his judgement . Albeit I could adduce diverse causes of such severity ; yet will I search none other then the holy ghost hath assigned ; first , that all Israel hearing of the judgement , should feare to commit the like abhomination ; and secondly , That the Lord might turne from the fury of his anger , might be moved towards the People with inward affection , be mercyful unto them , & multiply them , according to his oath made unto their Fathers : Which reasons as they are sufficient in God's children to correct the murmuring of grudging flesh ; so ought they to provoke every man , as before I have said , to declare himself an enemy to that which so highly provoketh the wrath of God against the whole People : For where Moses sayeth Let the city be burned , &c. he plainly doth signify that by the defection and idolatry of a few , Gods wrath is kindled against the whole , which is never quenched till such punishment be taken upon the offenders , that whatsoever served them in their idolatry be brought to destruction , because that it is execrable and cursed before God ; and therefore he will not that it be reserved to any use of his People . I am not ignorant That this law was not put into execution , as God commanded ; but what did thereof ensue and follow ? Histories declare , viz. plague after plague till Israel and Iudah were led into captivity , as the Books of the Kings do witnesse . The consideration whereof maketh me more bold , To affirme that it is the duty of every man , who desireth to escape the plague and punishment of God , to declare himself Enemy to idolatry , not only in heart hateing the same , but also in external gesture declareing , that he lamenteth , if he can do no more , for such abhominations — of these premises , I suppose , it be evident . That the punishment of idolatry , doth not appertaine to Kings only , but also to the whole People , yea to every member of the same , according to his possibility : For , that is a thing most assured that no man can mourne lament and bewail for these things , which he will not remove to the uttermost of his power . ] And a little thereafter● And therefore I feare not to affirme that the Gentiles ( I meane every City , Realme , Province or Nation , amongst the Gentiles , imbraceing Christ Jesus and his true Religion ) be bound to the same league and Covenant , that God made with his People Israel when he promised to root out the Nations before them , in these words Exod. 34 : 12 , 13 , 14. — to this same law and Covenant are the Gentiles no lesse bound , then some time were the jewes , vvhensoever God doth illuminate the eyes of any multitude , Province , People , or City , and puteth the sword in their ovvn hand , to remove such enormities from amongst them , as before they knevv to be abhominable . Then , I say , are they no lesse bound , to purge their Dominions , Cities , and Countreyes , from idolatry , then vvere the Israelites , vvhat time they received the possession of the Land of Canaan . And moreover , I say if any goe about to erect and set up idolatry , or to teach defection from God , after that the verity hath been received and approved , that then not only the Magistrates , to vvhom the svvord is committed , but also the People , are bound , by that oath , vvhich they have made to God , to revenge to the utmost of their povver , the injury done against his Majesty . ] So in his admonition to the Commonalty of Scotland Pag. 36. [ Neither would I that you should esteem the reformation and care of Religion lesse to appertaine to you . because yee are not Kings , Judges , Nobles , nor in authority . Beloved brethren , you are God's Creatures created and formed to his owne image and similitude , for whose redemption , was shed the most precious blood of the only beloved sone of God , to whom he hath commanded his gospel and glade tidings to be preached , and for whom he hath prepared the heavenly inheritance ; so that yee will not obstinately refuse , and disdainfully contemne the meanes , which he hath appoynted to obtaine the same — for albeit God hath put and ordained distinction betwixt King and Subjects ; yet in the hope of the life to come , he hath made all equal — and therefore I say , that it doth no lesse appertaine to you , to be assured that your faith and Religion be grounded and established upon the true and undoubted word of God , then to your Princes or Rulers ; for , as your bodyes cannot escape corporal death , if with your Princes , you eate or drink deadly poison ( although it be by ignorance or negligence ) so shall ye not escape the everlasting , if with them yee professe a corrupt Religion — and this is the cause that so oft I repeate , and so constantly I affirme , that to you it doth no lesse appertaine , then to your King or Princes to provide that Christ Iesus be truely preached among you , seing without his true knowledge , you cannot attaine to salvation . ] More to this purpose may be read there . CAP. X. Arguments taken from the hazard of becoming guilty of the sin of others , and of partaking of their Judgments . And from the duty of relieving the oppressed , &c. IT is not necessary for our purpose to dip much into that question concerning Gods imputing of the sin of one unto others ; and therefore we shal shortly hint at some few particulars from Scripture , and after we have considered what this Surveyer sayeth , we shall apply them to our purpose . That God doth punish some , and that most justly , for the sinnes of others , the Scripture doth abundantly verifie : Not to insist on the instances of his punishing of whole families , for the sinnes of the Head of the family : as the family of Pharaoh , Gen. 12 : v. 17. of Abimelech , Gen. 20 : v. 17 , 18. of Corah and his companions , Num. 16 : v. 27 , 32 , 33. of Achan , Ios . 7 : v. 24 , 25. of Ieroboam , 1 King. 14 : v. 10 , 11. & Cap. 15 : 29. of Ahab , 1 King. 21 : v. 21 , 22 , 24. 2 King. 9 : v. 8. of Baasha , 1 King. 16 : 3 , 4. of Iehoram , 2 Chron. 21 : 14. Nor on the instances of his punishing of Servants for the sinnes of their Masters , or the Children and Posterity for the sinnes of their Parents , as in the 2 Command , where he threatneth to visite the iniquities of the Fathers upon the Children , unto the 3 and 4 generation . So also Levit. 26 : ver . 38 , 39. Deut. 28 : v. 18 , 32 , 45 , 46. So the Children of such as were drowned in the flood , Gen. 6 , & 7. The posterity of Canaan , Gen. 9 : v. 24 , 25 , 26 , 27. The children of the Egyptians , Exod. 11 : v. 5 , 6. of the Israelites , Num. 14 : v. 33. Psal . 106 : v. 27. of Dathan and Abiram , Num. 16. of the Canaanites , Deut. 3 , & Cap. 20. of the Amalekites , 1 Sam. 15. of Saul , 1 Sam. 21. of Cehazie , 2 King. 5 : ver . 27. of the Babilonians , Esai . 14 : ver . 21 , 22. of Semaia , Ier. 24. v. 32. Hence true penitents acknowledge & are humbled for not only their owne sinnes , but the sinnes of their Fathers , Ezra 9. Dan. 9. Job sayes Cap. 21 : v. 19. God layeth up his iniquity ( or the punishment of his iniquity , as it is in the margine ) for his children . But to passe these we finde moreover . 1. That People have been punished for the sinnes of their Pastors , or in hazard to be punished therefore . When Nadab and Abihu had provoked the Lord with their strange fire , Moses spoke unto Aaron and to his other two Sones , and sayd , Levit. 10 : v. 6. Vncover not your heads , neither rend your cloathes , lest you die , ( N. B. ) and left wrath come upon all the People . So that their sin would not only have brought wrath upon themselves , but also upon all the People . So the wickednesse of Hophny and Phinehas was part of the cause of that sad discomfiture , that the People of Israel did meet with , 1 Sam. 2 : ver . 12. comp : with Cap. 3 : ver . 11. and with Cap. 4 : ver . 10 , 11. So Esai . 43 : ver . 27 , 28. because the Teachers had transgressed against the Lord. Therefore was Iacob given to the curse and Israel to reproaches . So Lam. 4 : v. 13. among other provocations , the sinnes of her Prophets are mentioned , and the iniquities of her Priests . So Micah . 3 : v. 11 , 12. Because the Heads did judge for reward , and the Priests did teach for hire , and the Prophets did divine for money , Therefore Zion was to be plowed as a field and Ierusalem to become heaps , and the mountaine of the house , as the high places of the forest . 2. That the sinnes of a few have procured judgments unto the whole multitude , or put them in hazard thereof . So Deut. 13 : v. 12 , 17. the Apostate city would kindle the fiercenesse of God's anger against the whole People : For it is said , The Lord would not turne from the fiercenesse of his anger , and shew them mercy and compassion , and multiply them , until it were destroyed , and all that was within it . So Num. 25. for the sinne of these who joyned with Baal peor the anger of the Lord was kindled against the whole congregation . So when Moses was speaking unto the two Tribes and halfe , Num. 32 : 14 , 15. he sayeth , And behold yee are risen up in your Fathers stead — to augment yet the fierce anger of the Lord toward Israel , for if yee turne away from after him , he will yet againe leave them in the wildernesse , and yee shall destroy all this People . So Ios . 7 : ver . 5. for one Ahan's sin , all Israel was troubled , and Ios. 22 : v. 17. 18. say the commissioners of the whole congregation , unto the two Tribes and half , And it will be ▪ seing , ye-rebel to day against the Lord , that to morrow , he will be wroth , with the whole congregation of Israel . And it was this which moved all the Tribes to goe against Benjamin , Iudg. 20 3. That the Subjects have suffered sad and dreadful judgments for the sinnes of their Rulers : As Micah 3 : 9 , 10 , 11 , 12. formerly cited : Abimelech's sin , Gen. 20. was like to hazard himself , and all his Kingdome , ver . 7 , 9. For Pharaoh's refusing to let Israel goe , not only he and his Princes , but his Subjects through all his coasts , did smarte , Exod. 6 , and 7 : & 8 , and 9. and 10 Cap. Neh. 9 : v. 10. So Saul's sin in seeking to destroy the Gibeonites , brought on three yeers famine on the land in the dayes of David , 2 Sam. 21 : v. 1. So David's sin of numbering the people cost the lives of three score and Ten thousand , 2 Sam. 24 : v. 1 , 2 , 15. 1 Chron. 21 : 1 , 2 , 14. So the Lord threatned by the Prophet , 1 King , 14 : ver . 16. that for the sins of Ieroboam , who did sin , and who made Israel to sin , he would give up Israel , And for Ahab's sin of letting Benhadad goe , the Man of God told Ahab , 1 King. 20 : ver . 42. Because thou hast let goe out of thy hand a man whom I appoynted to utter destruction , therefore thy life shall goe for his life , and thy People for his People . So for Manasseh's sin , Ier. 15 : ver . 4. The Lord sayes I will cause them to be removed into all King domes of the Earth , because of Manasseh the son of Hezekiah King of Iudah for that which he did in Ierusaelem . So it is also spoken , 2 King. 21 : ver . 11 , 12 , 13. Because Manasseh King of Iudah hath done these abhominations — therefore thus sayeth the Lord God of Israel , behold I am bringing such evil upon Ierusalem and Iudah that whosoever heareth of it , both his eares shall tingle , &c. And notwithstanding of the reformation that was in the dayes of Iosiah . Yet this judgement came to be accomplished , and the Lord sent the bands of the Caldees and of the Syrians : surely , ( so it is said , 2 King. 24 : v. 3 , 4. ) at the commandement of the Lord came this upon Iudah to remove them out of his sight , for the sinnes of Manasseh , according to all that he did , and also for the innocent blood that he shed , which the Lord would not pardon . And 2 King. 23 , 26. Though there was a great work of reformation done in the dayes of that non-such King ( v. 25 , ) Iosiah , yet it is sayd notwithstanding the Lord turned not from the fiercenesse of his great wrath , wherewith his anger was kindled against Iudah , because of all the provocations that Manasseh had provoked him with all . Yea , so did this sin of Manasseh provoke the Lord against the land , that how beit Manasseh himself repented , and found mercy , 2 Chron. 33 : v. 12. and questionlesse many of the People turned with him , yet these same sinnes of Manasseh are mainly taken notice of as the procureing cause of that final stroke . Out of these particulars , these few things are very obvious to any . 1. That People combined into a society have great cause , not only to look to their owne carriage , but also unto the carriage of others ; Since the carriage of others will bring them in hazard of God's judgments , and hasten downe vengeance & wrath from God on all , sure they have need to look about them . 2. Especially , they have reason to take notice of the publick carriage and deportment of Princes and Pastors : seing in a special manner those highten the wrath & hasten the judgments of God , as hath been shewed . 3. If these sinnes in Princes , Pastors and others were not committed , those plagues and judgments which are threatned , and at length executed upon that account , would have been prevented . 4. If People , considering their hazard by reason of these publick transgressions , had actively bestirred themselves , & interposed , as that these iniquities had not been committed , they had not smarted so for as they did , not had they felt the weight of the hand of Gods anger , as they were made to do . 5. It was not enough for them , to have keeped themselves free of these actual transgressions , whereof others were really guilty : for we finde some punished , for that iniquity of others , which could not be laid to their charge , as actors . 6. How ever such as were so punished , were not free of inherent transgressions , and other sinnes , which deserved judgment at the hands of the Lord ; yet when the Spirit of the Lord is pleased to make no mention of these , as the Procureing cause of these plagues , but seemeth to lay the whole or maine stresse of the businesse , upon that sin committed by others , we must thinke that that hath had no small influence , but rather a mine causality in the procureing of these plagues , and it becometh us to be sober in inquireing after other causes hid from us , and rest satisfied with what the Spirit of the Lord is pleased particularly and evidently to poynt forth unto us , and pitch upon , as the peccant and procureing cause 7. Though we could not satisfy wrangling wits , touching the equity of this , ( which yet the common and ordinary practice of men , forfaulting a whole posterity , for one mans transgression , will not suffer us to account insolent ) yet we ought to rest satisfyed with what is clearly and undenyably held forth in the word , and beleeve that for these causes , such and such plagues were inflicted upon distinct and different persones , because the spirit of truth sayeth so . 8. As all Scripture was given by the inspiration of God , and is profitable for doctrine , for reproof , for correction , for instruction in righteousnesse , that the Man of God , may be perfect , thorowly furnished , unto all good works , 2 Tim , 3 : v. 16 , 17. So these particular passages , so particularly described are written for our learning , Rom. 15 : ver . 4. and are out examples , that we should not do as they did , 1 Cor. 10 : v. 6. and are written for our admonition , 1 Cor. 10 : ver . 11. And therefore we must not look slightly upon them , but ponder then narrowly , as so many documents given us for our use and instruction , and particularly , that we may take warning to prevent such evils . Now let us hear what the Surveyer sayeth Pag. 51. He layes downe two assertions [ 1. That no man is involved in divine judgments and punishments , for the sinnes of others , ( as the deserving cause of his punishment ) if he be no way accessory to these sinnes of others 2. That no private Subject is accessory to the sins of Rulers , nor involved in the punishments of the same , meerly upon the accouut of his tolerating the sinnes , or not violent resisting the Magistrate in his sinful courses . ] Answ . Not to enlairge on these now , because of what he is to say in explication of these , & we are then to speak , I would only at present enquire . 1. What accession had the army of Israel which was defate by the Men of Ai ( a stroke , which made Iosua rent his cloaths , and fall upon his face to the Earth , until the even tyde , he and the elders of Israel , and put dust upon their heads ) unto the sin of Achan ? And why doth the Spirit of the Lord say , Ios. 7 : v. 1. That the Children of Israel had committed a trespasse in the accursedthing . And againe ver . 10 , 11 , 12. [ And the Lord said unto Iosua , Get thee up , wherefore lyest thou thus upon thy face ? Israel hath sinned , and they have also transgressed my Covenant-for they have taken of the accursed thing-and they have put it even amongst their owne stuff . Therefore the Children of Israel could not stand because they were accursed , neither will I be with you any more , except yee destroy the accursed from amongst you . ] Though we can learne of no accession which they had , unto this particular fact , yet we see the whole body is punished as guilty , and must be legally purified , and sanctified , and purged from that contagion . 2. What accession had all these who suffered in these three yeers famine , which was in David's dayes , unto that bloody act of Saul and his house , which was committed many yeers before thousands of these who suffered therefore knew the right hand from the left , or were borne possibly ? 3. What accession had the children unborne to the third and fourth generation , unto the sinnes of their forefathers ? and yet the holy Lord thinks good to visite their iniquities on them . 4. What accession had the People unto David's sin of numbering , the people doth not David himself say , 2. Sam , 24 : ver . 17. But these sheep , what have they done ? But let us heare how he explaineth this , [ A certane thing it is ( sayes he ) that God doth not properly punish any man but in reference to his owne personal sins ( as the deserving cause of the punishment ) albeit he may and often taketh occasion , in his wise providence , to punish men for their owne sinnes , from the sinnes of others , ( and in that only sense , they may be said to be punished for the sins of others . ) But every soul suffers for his owne sin . Divine justice finding causes of punishment , in every one that is punished , either their personal accession to the sinnes of others ( which is their owne sin ) or else some other sinnes , for which he may in justice inflict the punishment upon them , albeit the impulsive cause , or occasion rather , for punishing in such a manner and time &c , be from the sinnes of others . ] Ans . 1. Though vve desire to be vvise unto sobriety in this matter , and not to meddle vvith matters beyond our reach , yet vve think it saifer to speak in the language of the Holy Ghost , then in the vvords of this Surveyer , vvho giveth us no Scripture for vvhat he sayes . The expressions of Scripture hold forth some thing more then a meer occasion : It semeth strange to say that Ahan's sin should have been only an occasion of that discomfiture : when the Spirit of the Lord sayes , that Israel had sinned , and therefore could not stand before their Enemies , because they were accursed , and that till this accursed were taken from amongst them he would not be with them any more . 2. He vvould do vvell to explaine to us , vvhat he meaneth by a proper punishment , and vvhat is the opposite tearme thereunto ? 3. We grant divine justice findeth deserving causes of punishment in all , in whom is original sin , but vve suppose that vvhen that is not mentioned as the procureing cause of such a stroke , but the sin committed by another , vve ought to look on that mainly , as having a procureing causality in that affliction . 4. How ever , we see he granteth one may be punished for the sin of another ( or upon occasion of the sin of another , as he loveth to speak . ) to which he hath no personal accession . 5. If these sinnes of others , were only the occasion of punishing in such a manner or time , how cometh it that the very punishment it self is removed , upon the taking away of that sin , according to God's appoyntment , and God is pacified toward the whole , as he was vvith Israel vvhen Ahan vvas killed , and Seven of Saul's sones hanged up ? 6. But whether vve take these sinnes of others , as impulsive causes , or occasions of such punishments . This is cleare . That , if these sinnes had been prevented , these punishments had been prevented also : so that if Saul had not gotten liberty to have staine the Gibeonites , in his bloody rage , contrare to oath and Covenant , these three yeers famine had not come : And if David had been hindered from numbering of the people , and had not gotten his vvill , these Seventy thousand had not died then as they did : And seing no other cause or occasion is rendered of this , it vvould clearly warne all in a Community and Society , to labour , by all meanes , according to their power and places , to hinder the Committing ( or removing when committed ) of these sinnes , which bring heavy plagues on the Community . The Dutch. Aunot . on 2 Sam. 21 : 1. say that so for this offence , all the land was punished because at least ( as it oft hapneth ) the people had not hindered it . Then Pag. 52. he cometh to explaine his other assertion ( It is no lesse certane ( sayes he ) to us that if the Magistrate do not connive at the sinnes of Subjects , nor neglect to curb and punish them , the sins of the people shall no way be imputed to him ( he not being thereunto accessory in any way ) nor shall be punished for their sinnes , which in his place and calling he is wrestling against ] Answ . Yet we know , that for the transgression of a land , many are the princes thereof Prov. 8. v. 2. And that for a punishment to people , God may even cut the dayes of a good prince , and though we should grant , that it were no proper punishment unto the good Prince , yet materially and in it self it is a stroke . But he addeth . [ Also it is alike certane . That private persons shall not have the sinnes of Magistrates , or of the body of the people imputed unto them , nor be punished for the same , if so be they honestly endeavour to do all things against these sins , which in their privat calling they are bound to do . ] Answ . Be this granted , The main question will be if people can be said to have honestly endeavoured to do all things against these sinnes , which in their privat callings they are bound to do , if having power to withstand the committing of these evills , or to remove them after they are committed , yet they forbeare , and suffer these things to be done , and labour not to remove them . He addeth [ If they keep themselves without any degree of acting these sins , or any way of accession to them . if they mourne and sigh for evils that are done ; if they be earnest in prayer ▪ that God may convert others from their evil way , if they ( as they can have opportunity ) faithfully admonish and study to reclaime those who are out of the way , and do such like Christian dutyes . God will never enter in judgment vvith them for not doing violence to the authorityes that are above them . ] Answ , If the Surveyer would do no more then this , he ought neither to be accounted a good Christian , nor a loyal subject : For , if he saw the King about to cut his owne throat with a knife , or about to do as Saul did , fall upon his owne sword , or runing doun a precipice to break his neck , would any think he had had done his duty , and exonered his conscience ; if he should not lead his hand unto that mischief , nor thrust him doune the principice , but should roare and cry God save the King , and admonish and study , with faire words , to reclaime the King from that cruel deed ? would any think but he might have done more , even if he had had strength enough have holden his hands , and keeped him back from breaking his neck , and yet never have been in any hazard or sinfully touching the Lord's anoynted , or doing violence to the authority that God had set over him . 2. And if Kings may be-resisted , and with violence hindered from putting hands in themselves , or from drinking a cup of poyson , or doing some such deed , which will or may prove destructive to their life and posterity , without doing violence to the authority appoynted of God ; vvhy may they not also be hindered from doing that which will ruine their souls , and prove destructive to their Kingdomes , and bring on the curse and vengeance of God upon young and old , without doing any sinful violence unto the authority ? And as in the former case , a man could not but be guilty of the King's death , who knew that it was a cup of poyson which he was to drink , and did not , having power to do it , hinder him from drinking it : So in this case , they that have power to hinder the Magistrate from drinking poyson , or doing what may be deadly to thousands of his innocent subjects , and bring downe the curse of God upon him and his posterity , and do it not , cannot but be guilty of that sin before God , and so cannot expect to be free of the punishment which God will inflict because of that sin , as not having done , even in their private callings , what they were bound to do , viz. not having used their power for the glory of God , the good of the Soveraigne and his posterity , nor for the good of the Commonwealth , which they were bound to do . He tells us moreover concerning that instance of Manasseh , Ier. 15 : v. 4. [ That the people were punished , because they were shares of the guiltinesse ( not by not violent resisting , which they were never exhorted to ) but by direct or indirect accession otherwayes , Hos . 5 : ver . 11. Ier. 5 : v. 31. ] Ans . 1. How could young children be accessory , either by consent or any otherwayes to these courses of Manasseh ? 2. It were hard to say that even all who were come to the use of reason , were guilty of accession unto these wickednesses , who yet were carryed away captive , such as Daniel , Hananiah , Mishael , and Azaria , and others . 3. That there were many , yea the far greatest part of the People who were guilty , of hainous sinnes , when the final stroke came , cannot be denyed ; but , that they were at that same hight of wickednesse , which they were at , in Manasseh's dayes is doubted , 4. We shalll grant with Calvin on the place . That Manasseh alone was not in that transgression , but had many of the People consenting ; Yet , as Manasseh himself was dead , long ere the stroke came , so were they ; and yet for that sin of theirs , the posterity suffered : Yea even notwitstanding that there interveened a National repentance and mourning for that National sin , and National Reformation of these idolatrous courses , in the dayes of Iosiah , 5. Though it be true that the People after Iosiah's dayes , returned to their vomite , and had wickednesse enough of their owne , for which God might have punished them ; yet it is very remarkable , how that sin of Manasseh is particularly mentioned , as if there had not been another , to procure that stroke : and certanely all who read the places cited before , will easily observe that there is something more in them , then an occasion taken to remember that dreadful time of Manasseh , when the wickednesse began , as the Surveyer sayeth in the following words . 6. It was their sin , I grant , that they did consent ; and that sayeth that they should not have consented , but have refused obedience unto the King idolatrous mandats , and have hindered in their places , an according to their power , the setting up of these abhominations , and should have adhered to the truth and worship of God , as it was practised in the dayes of good Hezekiah his Father . 7. He needs not say , they were not exhorted to this violent resisting ; for it was but folly to speak of resistence , to these , who so willingly walked after the commandement , and would not do so much as disobey . 8. That place of Hoseah speaking of Ephraim's willingly walking after the commandment , proves not what the people of Iudah's carriage was in the dayes of Manasseh ; albeit we grant the thing was too true of the greatest part , even of them , then : Neither doth the place , Ier , 5 : v. 31. speak of the dayes of Manasseh : for Ieremiah was not then a Prophet ; for he began to prophecy in the 13 year of Iosiah , Ier. 1 : 2. Then the cometh , Pag. 53. and giveth some reasons : But first we must take notice how he wordeth the principle which he accounteth so dangerous If it be once admitted ( sayes he ) that the sins of Rulers & Governours involve the People in sin , & make them obnoxious to judgment , ( albeit they be not accessory thereto directly only they toler at what they cannot amend abiding within the bounds of their calling ) neither can the consciences of people , nor the state of the commonwealth have any true peace or quyetnesse . ] Ans . We might grant him what he desireth , & acknowledge , that this principle is not sound : we do not say so , for we shall grant that ( excepting the Lord's Soveraignity of doing as he did in the case of Ahan & such like , ) that the People who are come to age must be directly or indirectly guilty of the sin of Rulers , in which they are involved . But so they are guilty , when they tolerate what they might amend , abideing within the bounds of their calling . But here the difference betwixt him & us lyeth . That he thinketh it is beyond the bounds of the calling of private persones , to hinder Princes from committing such 〈…〉 which would ruine them & their subjects both , which we deny , and we have not yet seen him prove it : yea we have shewed the contrary above . But now we proceed to his two reasones . [ For 1. ( sayes he ) Once grant this then what a continual puzle should tender hearted Christians be in , anent the actions of their Rulers and Magistrates , and they behoved to meddle with and examine all their proceedings — matters of government not probably or morally possible for them to know . ] Answ . We do not , neither need we extend that principle to all the private or personal sinnes of Magistrates , or to such acts which are beyond the reach of the capacity of the vulgar , wherein their invincible ignorance , whether as to the jus or factum , may excuse them from any accession direct or indirect . If he will grant it to us , in sinnes publick , hainous , and which People can well discerne both as to jus and factum , we desire no more : and if it be limited to these , we will gaine our poynt ( for our case is as clear as the Sun ) and tender consciences will be free of all puzle or perplexity . What is his 2. [ Would not this ( sayes he ) be a perpetual Seminary of unavoydable sedition of the Commonwealth , and of exposeing the Magistrate to violence , no lesse when he is acting justly , then when unjustly . ] Answ . Then this loyal Subject , if he saw an house or a great milstone falling upon the King's head , he would not pull him from under it , lest others under pretence of that , should use violence to the Magistrate , when he is in no hazard . Or if he saw the King putting a cup of poison to his head , or a Knife to his throate , he would not hinder him , lest others under that pretence should hinder him from taking wholsome food , & so starve him ; or should under pretence of saving the King , put hands in his Majesty , and stob him under the fiftrib . But 2. doth he not know , that the best things may be abused , and will any , that is wise , say , that he pleadeth for the abuse of a thing , who pleadeth only for its use ? 4. By this same reason , he might plead against refuseing to give obedience unto the King in all his most sinful commands ; for may not seditious and unquyet spirits easily pretend that his commands are unjust , and that if they obey these they are involved in sin and judgment , and so disobey him , even when he commandeth most just and necessary things . If he be not for universal obedience , let him answere this inconvenience in that case , and we shall make use of his answere in this case . In the next place he cometh to speak of these scriptures , which he allaigeth Naphtaly doth abuse . The first is Ier. 26 : v. 15. If yee put me to death shall surely bring innocent blood upon yourselves , and upon this city , and upon the inhabitants thereof , concerning which two things ( he sayes ) are to be remarked . [ 1. That Jeremiah is speaking to the Princes and all the People , warning them not to meddle with his blood ; The Princes that they should not unjustly condemne him , The People that they should not consent to , nor co-operate with an unjust sentence , as to the execution thereof ( as the manner of execution was amongst that People , stoning &c. ) And 2. He certifieth both that if they consented and co-operated to his death , they should bring innocent blood upon themselves , and upon the City , and inhabitants thereof . He doth not at all incite the People to rise up and rescue him by violence out of the hands of Rulers , if they should give sentence of death against him , ( neither did ever any of the holy Prophets instigate People to use violent resistance agàinst their perverse Magistrates , nor did they ever reprove directly or indirectly that sin of non-violent resistence to Magistrats , as some excessively bold do averr ) but only warns Princes and People both , that they be not by consent and concurrence accessory to his death ] Answ . 1. Here is enough for us : For 1. He granteth the People were not to consent to , nor co-operate with an unjust sentence ; but if they should have refused to have co-operated , the sentence had not been executed ; and so Ieremiah had been really rescued from the sentence , and decree of the Magistrates ; so that there needed no other resistence to have been used , innocent blood would not have been shed , and this was sufficient . 2. He needed not to have incited them furder unto a violent rescueing of him , for though they should have given sentence of death against him , yet if none would have executed it , he had been sufficiently rescued . But what needed more incitation , then to tell that by shedding of his blood they should bring innocent blood upon the whole city , and upon the inhabitants thereof . 3. It was little wonder that the Prophets did not instigate People to use violent resistence unto perverse Magistrates , seing it was usually such Prince such People , and the People as forward unto wickednesse as the Princes , and yet we finde the duty of delivering the oppressed urged upon People conjunct with their Rulers : Because both , in their places , should have concurred hereunto ; which sayes , that people , though they were not formally to execute Magistratical power , yet they were to concurre to have Justice , executed , and to have the oppressed delivered , out of the hands of oppressours . And these were judges as well as others , but more of this afterward . 4. This place doth abundantly cleare , That the shedding of innocent blood by Magistrates bringeth judgement on the Subjects : for Ieremiah sayes , that if they should have killed him , they should have brought innocent blood not only to themselves , who gave out the sentence , and did execute it ; but on the whole city , and on the inhabitants thereof . To this he hath many words Pag. 55. but little answere . The summe is this ( for it were wearisome to transcribe all his needlesse tautologies and repetitions , which if taken away , his pamphlet of a 120 pages , might be reduced to 20 ) [ All who were defiled behoved to be accessory either by doing , or not hindering what they were called and capacitated to hinder , which was not by violent resistence : nor doth the Prophet meane , that all the absents should be guilty and properly deserve Gods wrath upon that account , but only that the actors , and such as were accessory , should be guilty , and others should , upon this occasion , fall under wrath , though for other sinnes : and yet the judgment on the People might be a punishment to the Rulers , for that same particular sin ; for God may punish Princes or Fathers , in the punishment of Subjects and Children ; and yet these same Subjects and Children have no reason to quarrel with God , or to say as it is , Exech . 18. v. 2. ] Answ . We grant God may and doth punish Princes and Parents , in their Subjects and Children ; and That these same Subjects and Children so punished , have no just cause to say that their Fathers have eaten sowre grapes and that their teeth are set on edge , as if there were no sin in themselves . But that God may not visite the iniquities of the Fathers upon the Children , who have not formally acted these evills , nor consented thereto , we dar not peremptorily assert , against so many clear scriptures . 2. Sure this place seemeth to hint something else , then that this sin of shedding Ieremiahs blood should be an occasion of God's visiting the City , for their other sinnes : For he sayes you shall bring innocent blood upon this city : so that by this Murther , they should have brought innocent blood as well on the other inhabitants , as on themselves , who were to be actors : the text maketh no difference . 3. If the People here had done all which in their calling and station , they were capacitated to have done , for hindering of this sheding of blood , they would have hindered it effectually ; and further violent resistence was needlesse . If a wicked Magistrat should condemne an innocent person , and make this his sentence , that he should not have the benefite of a lodging within the land , The People need do no more to resist the Magistrat's unjust sentence , but , notvvithstanding thereof , receive the innocent into their house , and intertaine him friendly . And still vve say , the People vvere to do all that lay in their povver , to hinder innocent blood to be shed , that so innocent blood might not be laid to their charge : And in so far as they came short in this , they made themselves guilty be accession , notvvithstanding of any thing he hath said . The next place he speaketh to , is Deut. 13. vvhich vve have already vindicated , and must observe this further , That in all his long ansvvere he speaketh nothing to that vvhich novv vve are upon , viz. the hazard that People in such a case are into , both of sin , and of judgment , if effectuall course be not taken to suppresse idolatry , and apostasy from God , and to put that crying evil avvay from amongst them : For v. 17. it is clearly held forth , that till this city and all which was within it , was rooted out : the Lord would not turne from the fiercenesse of his anger , nor shew them mercy , nor have compassion upon them , nor multiply them , as he swore unto their Fathers . So that their not doing their utmost to execute this sentence of God , made them lyable to the constant abideing of the fierce anger of God upon them , and closed the door of Mercy and compassion , so that they could not expect the blessings promised and Covenanted . Then Pag. 59. he cometh to speak to Ios . 22 : ver . 17 , 18 , 19. and tells us That they were not private persones that transacted that businesse with the Children of Reuben : for the body of the People concurred with the Magistrates Supreame and Subordinate . What makes all this for the encroachment of meer private persons upon the use of the Magistrates avenging sword ? ] Answ . It is true the Magistrates and major part of the People were here concurring ; but why doth he not take notice of the words cited by Naphtaly ( which clearly hold forth the end of his adduceing that passage ) If yee rebel to day against the Lord , to morrow he will be worth with the whole congregation of Israel , which do clearly hold forth , that the defection of a part ( though a minor part ) will bring wrath upon the whole Nation aud Society . And may not any see hence ; That each are to concurre in their places and stations , according to their povver , to prevent this defection , or to remove it , even when the major part is infected with it ; yea even though Magistrates should be remisse , and should rather encourage then discountenance such rebellion against God ? Seeing the reason holdeth à fortiori , for it upon the defection of a minor part , wrath will come upon the whole , much more will wrath come upon the defection of a major part , and of the Magistrates too : And therefore if in the former case , private persons be bound to concurre with Magistrates , for rooting out of that provoking sin of a few , then it cannot be unlawful for private persones , in this later case , to do what they can , to stirr up Magistrates to their duty , if it be possible ; and to prevent their owne destruction from that wrath of God , kindled against all ; and to remove the provokeing cause of that anger : And , as we have said , they may take an effectual course for this , without encroaching upon the use of the Magistrate's avenging sword , or exercing any formall Magistratical power . The next place he speaketh to , is Iudg. 20. where Israel warreth against Benjamin because of a notorious crime acted there , and countenanced and defended by that whole Tribe , to the end that such a crying abhomination might be purged out of the land , To which he answereth in short ( to let passe his unchristian jibes ) thus [ Though this was when there was no King in Israel , yet it is likely they retained somewhat of their Sanhedrin appoynted Deut. 17. which in such a horrid case might draw together in an extraordinary meeting : It was the body or the major part of the People , that useth the sword against the lesser ; which maketh nothing for the minor parts using the sword to punish Magistrates & the major part of the People also . ] Answ . Though I should grant that they retained yet something of the Sanhedrin , yet in all this passage , there is no mention made thereof ; but it is said v. 1. That all the Children of Israel went out , & the Congregation was gathered together as one Man , to Mizpeh ; and resolved not to returne to their owne houses , ver . 8. until these Children of Belial in Gibeah had been executed , and evil was put away from Israel , Cap. 13 : v. 2. To say that this speaks not to our case , is but to wrangle ; for sure if we should suppose that Benjamin had been maintaining their integrity , and the true worshipe of God , against the generality of the People , who had turned idolaters , and had raised war against them , because they would not depart from their profession ; would he have condemned the minor part for standing to their defence in this case ? Or if they should have joyned together to have hindered the defection of the major part , or removed the corruptious that were prevailing ; would he have condemned them ? Sure this is not improve Scripture a right , but rather to elude it ; for there is not the least shaddow , that the stresse of the matter is laid on this , that they vvere the major part . Finally he cometh to Achan's case , Jos . 7. and tells us , [ That there is nothing in it , to justify private persones rising against the Magistrates , and plurality of the people , to avert the judgments of God ; for what was done to Achan was done by the Supreame Magistrat Josua . ] Answer . But Naphtaly only maketh use of this place , to shew that our reformers had great reason to feare and tremble , lest the manifest toleration of proud , cruel , flattering Prelats , and idolatrous Priests , whose wickednesse and idolatry , had corrupted the whole land ; might involve the whole Nation in destroying indignation ; since the wrath of God for the hidden and secret sin of one poor Achan suddenly and fearfully overtook the whole People , and all the congregation of Israel , so that that man perished not alone in his iniquity . Now can any body deny this consequence ? But our Surveyer layeth downe againe his peremptory assertions without further proof , and we have spoken to them already , and need not repeat things so oft as he gives us occasion so to do , otherwise we should follow this fool in his folly , and weary the reader as he doth , in repeating almost whole pages verbatim , let any look and he shall finde the whole 61 page , ( except some groundlesse jibes which do not help his cause ) nothing almost but repetitions . We shall then goe on , and draw forth our arguments from what is said , to shew that the late act ought rather to be praised then condemned . For 1. Thereby they were endeavouring , according to their power and places , ( as that exigent required ) when all doores were closed from essaying any other meane , not only to defend themselves against manifest and intolerable injury and oppression , but to save themselves , their posterity , and the whole land ( so far as lay in their power ) from the wrath and vengeance of God , and the dreadful plagues and judgments that were and are to be expected , for the dreadful and unparallelable apostasy and defection of a corrupt ministry . Did God threaten that Zion should be plowed as a field , and Ierusalem become as a heape , That Iacob should be given to the curse , and Israel to reproaches , for the sinnes of a corrupt ministry ; and when our eyes did never see a more corrupt company , who have partly apostatized from their sworne profession , and partly are thrust in over flocks , to the ruineing of their souls , the corrupting of the truthes of God , and to be a standing occasion of dreadful persecution unto them ; and when , for this cause , nothing could or can be looked for , from the hands of a just and jealous God , but wrath without remedy , and judgment after judgment , till we become as plowed fields , and as heaps : Can or ought these to be blamed , who standing to their sworne profession , were labouring in the integrity of their hearts , to purge the land of these plagues and locusts , that we might become a holy and pure Church unto the Lord , and that the Lord might delight to dwell among us ; and for this end , tooke their lives in their hands , and essayed that now sole remedy , seing there was no other meane left unto them , whereby to attaine this noble End. 2. When one Apostat city not taken course with , according to the command of God , would provoke God to anger against the whole assembly of God's People , so that till it was destroyed , he would not have mercy or compassion upon them ; was there not much more reason to feare , that God's anger should burne against Scotland his covenanted People , and that he should have no more mercy on us , since there was such a dreadful defection in it , whereof not only one city , but many cities were in an eminent manner guilty , having so foulely departed from their sworne truth and profession , and openly and avowedly revolted from God and his wayes , and since there was no other way imaginable to prevent this heavy indignation of God ? Shall any condemne these , who our of Zeal to God's Glory , and for the good of the poor land , whereof they were members , took their lives in their hands , and did what lay in their power , to have that corruption and apostasy removed , and God restored to his honour , and the land to it s Covenanted integrity ? 3. Since the backslideing and defection of a few members of a Society , joyned together in a Covenant to God as his People , brings vvrath upon the vvhole ; if timeous remedy be not used , as the forecited places shevv : Shall any condemne these vvho endeavoured according to their povver , to prevent the destruction that vvas and is to be feared , for the defection not of a fevv , not of one poor Achan , but of multitudes , and that of all ranks and conditions ? 4. Did the people of Israel goe out as one man , to prevent apostasy , when they heard some rumore thereof in a part of their number ; and to take course with , and purge the land of a crying evil that was committed in one of their cities : & who shall condemne these who lately went out with one heart and spirit , to do what in them lay , to remove the far-carryed-on defection , and the dreadful evil of perjury and many other hainous crimes , that did & yet do abound , whereof Many of all rankes were guilty , even such as should have been , by their publick places and stations , eminently appearing on the head of these worthyes , for the glory of God , and the good of the whole Church and Kingdome . 5. Seing the publick transgressions of Kings and Princes , do hazard the whole Realme and Commonwealth , as the instances formerly adduced do cleare ; How much reason have People of all rankes , qualityes and conditions , to be doing what lyeth in their power , either to prevent and hinder that these iniquities be not committed , which prove destructive unto the Land , or labour by all meanes to have them done away when committed , before the fierce anger of the Lord break forth ? And since it is not our and undenyable how our Kings and Nobles , and other judges have revolted from a sworne Covenant , Truth and Profession , and openly and avowedly , renunced the interest of Christ , and conspired against his truth and cause ; can any blame these worthies who endeavoured according to their power , to have these crying abhominations remedyed , that the wrath of God should not consume us root and branch , and burne so as it should not be quenched ? What can be replyed to these reasons , is sufficiently answered already ; and I would further propose this to be seriously considered by all : let us put the case , That King and Princes should conspire together , to poyson all the fountains of water in the Land , and lay downe a course , how they should be keeped so , and people should be forced to drink of these poysoned waters ; would not any rational man think , that when no meanes else could prevaile , People might lawfully with force , see to their owne lives , and to the lives of their little ones ? And shall we be allowed to use violent resistence , for the lives of our bodyes , and not also for the lives of our souls ? shall people be allowed to run together , & with force , when they can no otherwayes , keep the springs of water cleare , for their owne lives or healths , and of their posterity also ; and shall they be condemned for runing together to keep their Religion as it was reformed , pure and uncorrupted ? Who but Atheists will say this ? Againe put the case . That the Magistrates of some Brugh or City were about to do , or had already done , some publick prohibited bited action , which would so irritate the Soveraigne or Prince , that he would come with an hudge army and cut off the city , man , wife and childe : would any in this case , condemne the private inhabitants of that Brough or City , if , when no other mean could be essayed effectually to hinder the same , they should with force , either hinder them from doing that irritating action , or if done , should endeavour to remedy the matter the best way they could , for the good of the City , to prevent its ruine and overthrow , and for their owne saifty , and for the saifty of their posterity ? And why then shall any condemne the late defenders , who , when the Magistrate , by their many sinful and publick actions , had provoked the King of Kings to anger and jealousy against the whole land , so that in justice they could expect nothing but the vvrath and vengence of God to root them out and their posterity , laboured what they could , to have the wrath of the King of Kings pacified , and the wicked deeds provoking him remedied ? Would the Soveraigne in the former case account these privat persons traitours to their Magistrates , and not rather more loyal Subjects to him , then the Magistrates themselves ? And shall we think that the King of Kings shall account the late act , disloyalty to the King and Magistrates , and not rather commendable loyalty to him , and faithful service ? There is another argument much of the Nature with the preceeding , taken from the grounds of Christian love and affection , whereby each is bound to preserve the life and welfare of another , as he would do his owne : and as each would have another helping him , in the day when he is unjustly wronged and oppressed , so he should be willing to helpe others when it is in the power of his hand to doe it according to that royal law of Christ's , Mat. 7 : ver . 12. Luk. 6 : ver . 31. Therefore all things whatsoever ye would that men should do to you , do ye even so them , for this is the law and the prophets . It is unnaturall and unchristian both , to say am I my brother's keeper . Sure he who helps not his brother against a murderer , when he may do it , is before God , guilty of the man's blood . Meroz and the inhabitants thereof were to be cursed bitterly , because they came not out to the help of the Lord and his People , against the mighty , Iudg. 5. Was not David helped thus against the Tyranny and wickednesse of King Saul ? And honest Ionathan rescued from the hands of his bloody Father ? Prov. 24 : ver . 11 , and 12. If thou forbear to deliver them that are drawne unto death , and these that are ready to be slame : If thou sayest behold we know it not , doth not he that pondereth the heart considerit ? And he that keepeth thy soull , doih not he know it ? And shall not herender to every man according to his work ? Now the text maketh no difference whether they be drawne to death unjustly by private persons or by Magistrates : They are ( if they can do it ) with force to rescue such ; for so the word imports as I Sam. 30 : 18. 2 King. 18 : 34. 1 Sam. 17 : 35. Hos . 5 : 14. And this did famous Mr. Knox avow unto Lithingtoun , in his discourse with him , registrated in the history of reformation . Hence it is that Ieremiah Cap. 22 : 23. cryeth to the People as well as to the King , execute judgment and righteousnesse and deliver the spoiled out of the hand of the oppressour : and though it be true , as Calvin on the place sayeth , that this did chiefly belong to the judges and Magistrates ; Yet , when their proceeding in this course of oppressing of the stranger , the fatherlesse and the widow , and of shedding innocent blood , would provoke God to execute what he threateneth with an oath , ver 5. And make that house a desolation , and prepare destroyers against it and the whole city ver . 7 : 8. and when all this is spoken in the eares of the people , it would seem to import , that even they should have stood in the way of such oppression , and delivered the spoiled out of the hands of the oppressour ; & not have suffered innocent blood to have been shed , especially when inferiour as well as Superiour Magistrates were oppressing and tyrannizing , and were the only oppressours and wolves as we see Esa . 1 : 21. and. 3 , 12 , 14 , 15. Micha . 3 : 9 , 10. Ezech. 22 : 27. And many of the people conjoyned with them in the like , as encouraged by their practice ver . 29. see furder for this Isa . 1 : ver . 10 , 17. Ier. 5 : ver . 2 , 5 , 6. But sayes our Surveyer Pag. 53. [ That such prophetical preachings uttered to the body of Rulers and People , are to be understood as reproveing what was amisse in every one , in their respective calling , and as injoying such duties as might be done by every one , salvâ justitiâ , salvo ordine , & modulo vocationis — but to say that they minded to condemne in People , the grand sin of non-resistence to the oppressing Magistrates , or to incite private persones to pull the sword out of the Magistrat's hand , & relieve the oppressed , & execute judgment on the oppressours , even Magistrats ( as Lex Rex doth say Pag. 367 , ) is not only a most fearful perverting of the most holy scripture — but a doctrine that tends directly to horrid confusion & utter subversion of humane societies ] Ans . We shall easily grant , that in those sermons , every one was reproved for what was amisse in his respective calling , and all were enjoyned to do , what might be done by them according to their places and callings , and without wronging of justice : But we averre , that it vvas the duty of privat persones , to hinder , so far as lay in their power , the shedding of innocent blood , the oppressing of the innocent , and wronging the vvidow and fatherlesse . If a Magistrate in a rage run upon an innocent person going by , to kill him , It is the part of any private person that is next , to hinder the Magistrate from committing manifest murther , without breach of justice , order , or the extent of his calling : Bacause in that case he is not acting the part of a judge . So a judge perverting judgment , and manifestly oppressing the innocent , is no judge authorized of God for that ; but a privat person , and may as justly be withheld from murthering or oppressing , as any other Man. 2. They might presse them to relieve the oppressed though they did not incite them to pul the svvord out of the Magistrat's hand : viz by hindering , according to their povver , oppression to be committed ; and this might be vvithout the least violence done to the Magistrate's power and authority , as is shevved : So might they move them to execute judgment not formally but materially , by hindering justice according to their povver , or labouring to have the lavv executed according to God's vvord . 3. Lex Rex speaketh no such thing in that place , as any vvill see vvho read it . 4. It is but his ignorance to say , that in this vve fearfully pervert the holy scripture . 5. Hovv vvill he shovv that this doctrine tends to horrid confusion ? He tels us Pag. 50. [ That such pretences will not be wanting to the worst of men , and the best Magistrate , proceeding most legally , shall never have security from seditious partyes ] Answ . But sure his doctrine tendeth more to confusion ; for , by it every Magistrat of the land hath povver to kill and destroy vvhom he vvill : and thus Magistrates should be formally constituted wolves . 2. But how oft will he put us to tell him , that the best truth may be abused ? 3. But let him speak in earnest , what would he do if he saw his wife carryed away by some drunken officers , before a judge drunk as a beast , so as he could neither hear nor speak sense , who yet without further processe , would condemne her to be brunt as a witch , or executed as a harlot , would he not labour , if he had power , to relieve his innocent wife out of the hands of these bloody oppressours ? What would he then do with his pretences ? Would these scar his tender conscience ? I suppose not . And what if he saw the King , without ground , or colour of reason , possibly upon a mistake , runing in a rage to kill his wife , or only son , would he not help the innocent in that case , and hold the King with force ? Or would he only assist them by prayers to God for them , by consolatory words , by giving counsel to them , or by supplications to the Magistrate with all dutiful respects , and if nothing could avail , sit dovvne as having discharged his duty ; and vvould not resist more ? ( vvhich he thinketh is all vvhich is required of private persones Pag. 49. ) If so , many might think he vvere accessory to the death of his vvife or childe , and so possibly might the King , when he came to himself , and his rage was off him , and he convinced of his mistake . And if he vvould hinder innocent blood to be shed ( as rational people will easily think he might ) hovv shall he salve the matter , for the vvorst of men may resist the best Magistrate , proceeding most legally , upon pretences , that the King is in a rage , he hath no shaddow of law or reason for him , he is mistaken of the persones &c. And would he think , that in this case , there were a necessary connexion betvvixt resistence and revenge ? and if he should have the upper hand in the matter of resistence , could he not sit dovvn satisfied ? If he could : then he may think that these tvvo , may be seperated in exercise and practice , in other cases , as vvell as in his ovvne , unlesse the fault be on the Magistrate's side . Thus is answered also vvhat he hath P ag . 49. for it is but the same thing which he hath in the place before considered , He is tedious in his repetitions , and therefore we Proceed to our arguments . And. 1. If Humanity , Brotherly Affection , Christian Love. Tendernesse and Compassion to a suffering injured brother , call for help and releef at the hands of others , according to their power and capacities : Then none can justly blame or condemne the late risers for endeavouring in their places , & according to their power , the releife of their oppressed brethren , with violence , when no other meane was left feasible or practicable . Their Solemne covenants did engadge them to account each injury done unto any Covenanter , upon that account , as done unto themselves ; And to vindicate and maintaine the libertyes of the Subjects , in all these things , which concerne their Consciences , persones , and Estates , and who can blame them for paying their vowes unto God ▪ 2. If this same duty was expresly required of the people of God of old , that they should endeavour to relieve the oppressed , and to prevent the shedding of innocent blood : Then none can justly blame those late valient vindicators of justice , and relievers of the oppressed . But the former is true , as the places above cited do show . Therefore &c. 3. If their forebearing had made them guilty before God , of the oppression and bloodshed committed , vvhen it vvas in their povver to help it : Then they could not forbeare to do what they did , without sin . But the former is true . The very Egyptians knew so much by the light of nature , when by their law , such as did not relieve the oppressed , when it was in their povver , vvere accused upon their head ; and if they vvere not able to help , they vvere bound to accuse the oppressour , or else they vvere to be vvhipped , & to endure three dayes hunger . I shall close this chapter , as I did the former , with a testimony of famous Mr. Knox , that it may be seen to be no nevv doctrine of ours . In his admonition to the Commonalty of Scotland he hath these words , neer the end , [ These vaine excuses I say , will nothing availe you , in the presence of God , who requireth no lesse of the Subjects , then of their Rulers — and if yee think that ye are innocent , because you are not the chief actors of such iniquity , ye are utterly deceived , for God doth not only punish the chiefe offenders , but with them , doth he condemne the consenters to such iniquity , and all are judged to consent , that knowing impiety committed give no testimony that the same displeaseth them . To speak this matter more plaine : As your Princes and Rulers are criminal with your Bishops , of all Idolatry committed , and of all the innocent blood that is shed , for the testimony of Christs truth : and that because they maintaine them in their tyranny : So are yee ( I meane so many of you , as give no plaine confession to the contrary ) criminal and guilty with your Princes and Rulers , in the same crimes ; because you assist and maintaine your Princes in their blind rage , and give no declaration that their tyranny displeaseth you . This doctrine I know is strange to the blinde world , but the verity thereof hath been declared in all notable punishments from the beginning ; vvhen the Original vvorld perished by vvater ; vvhen Sodome and Gomorah vvere punished by fire ; and finally , vvhen Ierusalem vvas horribly destroyed , doth any think that all vvere alike vvicked before the vvorld ? Evident it is , that they vvere not , if they be judged according to their external facts ; for some were young and could not be oppressours , nor could defile themselves with unnatural , and beastly lusts ; Some were pitiful and gentle of nature , and did not thirst for the blood of Christ , and his Apostles : but did any escape the plagues and vengeance which did apprehend the multitude ? let the scripture witnesse , and the histories be considered , which plainly do testify that by the vvaters , all flesh on●arth at that time , did perish , ( Noah and his family reserved ) That none escaped in Sodome and in the other cities adjacent , except Lot and his tvvo daughters ; And evident it is that in that famous city of Ierusalem , in that last and horrible destruction , none escaped God's vengeance , except so many as before were dispersed . And what is the cause of this severity , seing that all were not alike offenders ? let flesh cease to disput with God , and let all men by these examples learne betimes to flee and avoyd the society and company of the proud contemners of God , if that they list not to be partakers of their plagues . The cause is evident , if we can be subject , without grudging , to God's judgments , which in themselves are most holy and just ; for in the original world none was found that either did resist tyranny , nor yet that earnestly reprehended the same . In Sodome was none found that did gain-stand that furious and beastly multitude that did compasse about and besiege the house of Lot — and finally in Ierusalem was found none that studyed to reprepresse the tyranny of the priests vvho vvere conjured against Christ and his Evangel ; but all fainted ( I except ever such as gave vvitnesse vvith their blood , or flying , that such impiety displeased them ) all keeped silence , by the which all approved iniquity , and joyned hands with the Tyrants , and so were arrayed and set , as it were , in one battle against the almighty , and against his Son Christ Jesus ; for whosoever gathereth not with Christ , in the day of his harvest , is judged to scatter , and therefore of one vengeance temporal , were they all partakers , — will God in this behalf hold you as innocents , be not deceived dear Brethren , God hath punished not only the proud tyrants , filthy persones , and cruel murtherers , but also such as with them did draw the yoke of iniquity , vvas it by flattering their offences , obeying their unjust commands , or in winking at their manifest iniquity . All such , I say , God once punished , vvith the chief offenders . Be ye assured brethren , That as he is immutable in nature , so will he not pardon you in that which he hath punished in others , and now the lesse , because he hath plainly admonished you of the dangers come , and hath offered you his mercy , before he poure forth his wrath and displeasure upon the disobedient . ] So in his Exhortation to England , P ag . 107. [ No other assurate will I require that your plagues are at hand , and that your destruction approacheth , then that I shall understand that yee do justify your selves in this your former iniquity : absolve and flatter you who list , God the Father , His son Christ Jesus , his holy Angels , the creatures sensible and insensible in heaven and earth , shall rise in judgment and shall condemne you , if in time you repent not . The cause why I wrape you all in idolatry , all in murther , and all in one and the same iniquity , is , that none of you hath done his duty , none hath remembered his office and charge , which was to have resisted to the uttermost of your power , that impiety at the beginning , but you have all follovved the wicked commandement , and all have consented to cruel murther ; in so far as in your eyes , your Brethren have most unjustly suffered , and none opened his mouth to complaine of that injury , cruelty and Murther . I do ever except such as either by their death , by abstaining from Idolatry , or by avoiding the realme for iniquity in the same committed , and give testimony that such an horrible falling from God did inwardly grieve them . But all the rest even from the highest to the lowest , I feare no more to accuse of idolatry , of treason committed against God , and of cruel Murthering of their brethren , then did Zecharias the son of Iehojadah . 2 Chron. 24 : ver . 20. feare to say to the King , Princes and People of Iudah . Why have yee transgressed the commandements of the Eternal God ? it shall not prosperously succeed unto you , but even as ye have left the Lord , so shall he leave you ] And , againe Pag. 109. [ . , But let his holy and blessed ordinances commanded by Jesus Christ to his Kirk , be within the bounds so sure and established , that if Prince King or Emperour would interprise to change or disannul the same , that he be the reputed enemy of God , and therefore unworthy to reigne above his people ? Yea that the same Man or Men that goe about to destroy God's true Religion once established , and to erect idolatry which God detasteth , be adjudged to death , according to God's commandement : The negligence of which part , hath made you all ( these only excepted which before I have expressed ) murtherers of your Brethren , denyers of Christ Jesus , and manifest traitours to God's Soveraigne Majesty : Which horrible crimes if ye will avoyd in time comeing , then must yee ( I meane the Princes Rulers and People of the realme ) by solemne Covenant renew the oath betwixt God and you , in that forme and as Asa King of Iudah did in the like case 2 Chron. 15. — This is thy duty , & this is the only remedy O England to stay God's vengeance , which thou hast long deserved , and shall not escape , if his Religion and Honour be subject to mutation and change , as oft as thy Rulers list . ] The-reader may consider also what he sayes to this in his discourse with Litingtoun , who was of this Surveyer's judgment , History of Reformation , Lib. 4. This is consonant likewise unto our confession of faith authorized by King Iames and Parliament Anno 1567. Act. 14. where among good works of the 2 table , these are mentioned To honour Father , Mother , Princes , Rulers , and Superiour powers ; To love them , to support them , yea to obey their charge ( not repugning to the commandement of God ) to save the lives of innocents , to represse tyranny , to defend the oppressed , &c. ] the contrary whereof is [ To disobey or resist any that God hath placed in authority ( while they passe not over the bounds of their office ) to murther , or to consent thereunto , to bear hatred , or to let innocent blood be shed if we may withstand it , &c. ] Citeing in the Margine , Ezech. 22 : 1 , 2 , 3 , 4. &c. where the bloody City is to be judged , because she relieved not the oppressed out of the hand of bloody Princes v. 6. And to what Ambrose sayeth de office . Lib. 1. c. 36. saying qui non repellit a socio injuriam si potest , tam est in vitio quam ille qui facit . i. e. he who doth not repel an injury from his brother when he may , isas guilty as he who doth the injury : And this he cleareth by Moses his deed , defending the Hebrew against the Egyptian . CAP XI . Of our qualified alledgiance to the King. Our Arguments hence . THe author of Naphtaly Pag. 177 , said [ That all powers are subordinate to the Most high , and appoynted and limited by his holy will and commandement , for his owne glory , and the Peoples good ; and our allegiance was and standeth perpetually and expresly thus qualified , viz. in defence of Religion and Liberty , according to our first and second Covenants - all allegiance & obedience to any created power whatsoever ( though in the construction of charity apparently indefinite , yet ) in its owne nature is indispensably thus restricted . ] By which words , any , who will duely consider the scope which that author doth drive at , will see , That his meaning was , That as obedience and allaigeance is to be given to Magistrates only in the Lord , So the same ought to be promised with this qualification or limitation , so far as it is not contrary to Religion and Liberty of the Subject : & thus we all swore to defend his Majesties person and authority in the preservation and defence of the true Religion , and Libertyes of the Kingdomes ; and it is plaine to all who will not shut their eyes , that the foresaid author putteth no corrupt glosse upon that necessary clause and qualification ; for while he is dissuadeing from taking of that bond , which was urged upon the People of Edinburgh , he useth the words cited , & furder addeth [ To renew the same ; or take any the like oath of allegiance purely , and simply ; purposely omitting the former and due restriction , especially when the powers are in most manifest , & notorious rebellion against the Lord & opposition to his cause and Covenant , is in effect , equivalent to an expresse rejecting and disowning of the same limitation , and of the Soveraigne prerogative of the Great God and King over all , which is thereby reserved ; & as much as in plaine tearmes to affirme , That whatever abused authority shall command or do , either as to the overturning of the work of God , subverting of Religion , destroying of Rights and Libertyes , or persecuting of all the faithful to the utmost extremity , we shall not only stupidly endure it , but activly concurre with , and assist in all this tyranny ] What could have been spoken either more full , or plaine , both for explicating the genuine import of that restriction or qualification , or the authors Orthodox sense thereof ? Yet behold how this wrangling pamphleter , because he can get nothing to say against the truth asserted , must wrest words and sense and all , that he may have something to say against the straw-adversary of his owne setting up . Therefore he tells us Pag. 6. [ Can this assertion subsist that neither alledgiance , or fidelity , nor obedience is to be given to any created power , but in defence of Religion and Liberty ? As if Naphtaly had meaned , That no alledgiance , fidelity or obedience was due , or to be given to the created powers , but when and in so far as , they did actually owne , and contribute their utmost for the promoving or establishing of Religion and the Liberties of the People . Whileas his meaning is clearly seen to have been this , That as all powers are subordinate unto God the great King over all ; So all alledgiance , fidelity , or obedience is to be promised and given unto them , with a reserve of the allegiance , fidelity and obedience due to God the Highest of all ; and that man's interest is not to be preferred unto God's , but alwayes acknowledged in subordination thereunto : So that when earthly powers are stated Enemies to Christ and his interest , no absolute allegiance , fidelity , or obedience is to be promised , But alwayes with this restriction , or limitation : Neither are the Subjects bound to concurre , or assist them , while in such a stated course of opposition to the King of King's , and while actively endeavouring to destroy his great interest in the world . But what sayes our Surveyer furder [ That obedience is not to be given unto any creature on earth , against Religion or the revealed will of God , shall be easily granted ; we ahhore the very thought of so doing . ] Ans . Though he abhore the very thought of so doing ; yet many will say that he hath not abhorred to do it : It is against God's expresse and revealed will to commit perjury , and renunce a Covenant sworne with hands lifted up to the most high God , and yet he knowes who is guilty of this , & maketh the will of a creature the Law of the Conscience , when the appendix is a full belly . [ Againe ( sayes he ) it shall not be said that obedience is to be given to powers against the liberty competent to us as subjects , and consistent with Soveraignity ; yet so that the measure of that liberty must not be made by every man's private will , but by the declarature of the Parliament , representative of the Subjects , which best knowes what thereunto belongs . ] Answ . This royal liberal man would seem to yeeld something in favours of the liberty of the People , but with his annexed clause and restrictions , he takes all back again : For 1. sayes he , it must be consistent with Soveraignity , and how wide a mouth this Soveraignity hath , in his and his complices estimation , many know , and we have seem in part , even so wide as that is shall swallow up all the Peoples liberties ; like one of Pharaohs leane kine that eates up the fat and yet is never the fatter . Then 2. it must be determined by the Representatives , as if the Representatives were not ex officio bound and obliged to maintaine the Liberties of the People , which belong to the People , ere the Representatives have a being ; and as if it were in the power of the Representatives to sell and betray the Libertyes of the People ; or as if no more were competent to the Subjects de jure then what they will : Hath a man no more right to his lands aud heritages then what his advocate , who betrayeth his trust for a larger summe of money , alloweth him or declareth ? We know Parliaments can basely betray their trust , and sell away the Libertyes of a People , contrare to their vow and oath to God , and their obligation to the People , whose trustees they should be ; and shall People have no more liberty competent to them , then what a perfidious company conspired against the good of the Commonwealth , to pleasure a sinful Creature , determineth by their declarature ? This is hard if true , for then a Parliament might sell them and their posterity for bondmen and bond women to the Turk for ever . But we see no more reason , for asserting an infallibility , or absolutenesse of power in Parliaments , then in Princes . What furder ? [ But to say , that all ( not only obedience but ) allegiance and fidelity , due to any created power is indispensably restricted to this qualification in defence of Religion and liberty , viz. of the Subjects , is a most false assertion . ] Answ . He said not restricted to this qualification , but thus qualified , and thus restricted . This must be either ignorance , or worse in this pamphleter , thus to wrong the author . But , vvhat vvas the authors meaning vve have shevved . Let us heare The pamphleting Prelate [ It is knowne ( sayes he ) that a restriction excludes all other cases which are not in the restrictive proposition included , &c. Answ . All this is founded upon his either wilfull or ignorant mistake ; for the author took not the restriction , so ( as we have seen ) as to exclude all fidelity or obedience , except in things tending immediatly and directly unto the good of Religion and Liberty of the Subject : But so as that we might do nothing in prejudice of Religion and Liberty , nor yeeld obedience to him in any thing tending to the hurt of either : & thus is our obedience to be restricted , or qualified . We deny not obedience , even when the act of obedience , cannot be properly & directly said to be either in defence of Religion or the liberty of the subject : So that we crosse not what the ministers said unto the doctors of Aberdeen : for we take not that clause as exclusive , that is , that we shall never defend his person and authority but when he is actually & actively defending Religion & Libertyes ; but only as a restriction or qualification , thus , that we shall defend his person & authority , so far as may consist with Religion & Libertyes : And thus we agree also with the general assemblie 1639. for we say it is the Subjects duty to concurre with their friends and followers , as they shall be required , in every cause that concernes his Majesties honour , yet so as that they do nothing to the prejudice of Religion or Libertyes But furder ( sayes he ) as to the poynt of allegiance or fidelity , that is another matter then obedience . ] Answ . True , when men will become very critical ; but the scope of the place showeth in what sense he took it , not only as includeing an owneing of him as lawful and rightful King &c. but as includeing also a promise of active concurrence in defending of him and his interest : and so while this is urged in an absolute , illimited , unqualified or un - restricted way , he made it all one with obedience . It is true , a man may keep allegiance or fidelity to the King , when he cannot obey his commands ; yet the clause of the Covenant respects allegiance as well as obedience , in so far , as we are not to defend his person and authority absolutely , but in defence of the true Religion and Liberties of the Subjects . Allegiance then is a comprehensive thing , not only taking - in an owneing of the King as rightful King , and fidelity to his person crowne and dignity against conspiracyes and treasons ; but also an active concurring to promove his honour and dignity , and to defend his person and authority : And so all who say allegiance must be qualified according to this restriction , do not meane every thing in allegiance , but that which is expressed in the Covenants . So that it is his ignorant inference , to say . That that which Naphtals sayeth is contrary to the confession of saith Cap. 23. § . 4. which sayeth is difference in Religion doth not make voyd the Magistrates just and legal authority , nor free the people from their due obedience to him , unlesse he think the article of the Covenant , interfereth with the confession of faith , which he dar not assert ; but if he do assert it , let us hear by his next what he will say to the Apologetical Relation , Pag. 386. 387. 388. 389. 390. where that clause of the Covenant is vindicated . He addeth [ It is the Lord's way for keeping humane societies from grosse disorders , to allow to such as are in supreme power by lawful calling , the honour due unto their place , although in the maine things they pervert the Ends of government , dishonouring him by a false Religion , or seduceing others to their evil way . ] Answ . Do we say that honour is not due unto Magistrates of another Religion , because we say that we must promise allegiance and obedience to them in the Lord ; and must not concure with them , nor contribute our power unto them , to the manifest detriment of Religion and Libertyes ? This is like the rest of this Man 's foolish inferences . Or doth he think that we cannot give to Caesar the things vvhich are Caesar's , unlesse vve give him also , the things which are God's , and are the Peoples ? Then he citeth Calv. Instit. Lib. 4. c 20. § , 25. 27. But He speaketh nothing contrare to the businesse we are upon : Doth he think that Calvin was of the judgment that People are bound to sweare absolute Subjection , allegiance or fidelity and obedience to all wicked princes , whatever right they may have to the place ? That subjects are bound to obey , and to sweare allegiance in the Lord unto wicked Kings who denyeth ? do vve say that vvicked Kings , because vvicked , are eo ipso no Kings ; nor to be acknowledged as Kings ? What then doth this testimony make against thus ? But 2. will he stand to what Calvin sayeth ? Then he must condemne vvhat King and Parliament have done , in taking the life of the Marquise of Argyle ; and say that they are guilty of innocent blood ; for by vvhat Calvin here sayeth , vve were as much bound to acknovvledge Cromwel then , vvhen he did Reigne , as now to acknowledge the King : for he speaks of all qui quoquo modo rerum potiuntur . How will he then free himself from treason ? For sure in Calvine's judgment , Argile did but his duty , though he had done more , and yet he was condemned as a Traitour : can he reconcile this with Calvine's judgment ? So then our promiseing and swearing alleagiance , fidelity , and obedience to the King , being with a reserve of our alleagiance , fidelity , and obedience unto the Supreame King of Kings and Lord of Lords , and according to that due subordination , and thus limited and restricted , that we may do nothing against God , or in prejudice of his interests ; no person can with any colour of law or conscience , challenge or accuse any of Treason or Rebellion against the King , when they preferre the interest of God unto Man's , and labour to secure Religion and the interest of Christ , unto which they are absolutely , and indispensably obliged , and from which obligation and alleagiance , no authority of man can loose them , nothwithstanding that in so doing , they postpone the authority of man , and their alleagiance thereunto , and lay it by ; seing it is of no force , when it cometh in competition with the authority of God , and is stated against that Religion , which by divine authority they are bound to maintaine , with hazard and losse of their lives , goods and fortunes ; And therefore the late act of defence being , according to their sworne alleagiance to God , a necessary defence of Religion , cannot be condemned of Treason or Rebellion , though it wanted that formality of the authority of Subordinat powers : As postponing the authority of inferiour Magistrates , in act of obedience , and duty of alleagiance unto the Superiour , can be no proper disloyalty or rebellion ; so nor can the postponing of the authority , of Superiour and inferiour Magistrates , in poynt of obedience , and performing alleagiance unto the most Supreame , be really treasonable , seditious , or rebellious . 2. If we be sworne to maintaine the King's person and authority , in the defence of the liberties of the subject : Then who ever preferre the Liberties of the Subject unto his person and authority , are not Traitours or Rebels : And so the late act of defence , being for the liberties of the subject , when they were basely betrayed , sold , and given away , by a company conjured into a conspiracy against the same , and were trode upon , and violently plucked away , cannot in conscience , or in the law of God , or according to any just law of man , be accounted , or condemned as ; an act of Treason or Rebellion . CAP. XII . Some moe Arguments Briefly proposed and Prosecuted . WE have in the preceeding Chapters proponed and considered such arguments as gave us occasion to meet with what this Surveyer allaidged . We shall here , ere we come to consider his objections , briefly summe up other arguments . The worthy author of Lex Rex Quest . 28. and 31. hath some , which we shall here set downe , partly because that book is not in every mans hand , and partly because this windy man pretends to have answered much of that book , though he hath not so much as offered to make a reply unto the six hundereth part thereof . 1. Pag. 261. thus he argueth , [ That power which is obliged to command and rule justly and religiously , for the good of the subjects , and is only set over the people on these conditions , and not absolutely , cannot tye the people to subjection without resistence , when the power is abused to the destruction of lawes , religion , and the subjects . But all power of the law is thus obliged Rom. 13 : ver . 4. Deut. 17 : ver . 18. 19. 23. 2 Chron. 19 : ver . 6. Psal . 132. ver . 11. 12. and 89. ver . 30. 31. 2 Sam. 7 : ver . 12. Jer. 17 : ver , 24 , 25 , And hath been & may be abused by Kings , to the destruction of Lawes Religion , and Subjects . The proposition is cleare , for the powers that tye us to subjection , only are of God. 2. Because to resist them is to resist the ordinance of God. 3 , Because they are not a terrour to good works but to evil . 4. Because they are God's ministers for our good : But abused powers are not of God but of men , are not ordinances of God , they are a terrour to good works not to evil , they are not God's ministers for our good . ] 2. ( ibid ) [ That power which is contrary to law , and is evil and tyrannical , can tye none to subjection , but is a meer tyrannical power and unlawful ; and if it tye not to subjection , it may lawfully be resisted . But the power of a King abused to the destruction of Lawes , Religion , and subjects , is a power contrary to law , evil and tyrannical , and tyeth no man to subjection ; wickednesse by no imaginable reason , can oblige any man. Obligation to suffer of wicked men , falleth under no commandement of God , except in our Saviour . A Passion as such , is not formally commanded , I meane a physical passion , such as is to be killed . God hath not said to me in any moral law , be thou killed , tortured , beheaded , but only be thou patient if God deliver thee to wicked mens hands to suffer these things . 3. ( Ibid ) There is not a stricker obligation moral , betwixt King and People , then betwixt parents and Children , Master and Servant , Patron and Clyant , Husband and Wife , The Lord and the Vassal , between the pilote of a shop , and the passengers , the Phisitian and the Sick , the doctor and the Schollar : But law granteth , 1. minime 35. De Relig. & sumpt . funer . If those betray their trust committed to them , they may be resisted ? If the Father turne distracted and arise to kill his Sones , his Sones may violently apprehend him , bind his hands , spoile him of his weapons , for in that , he is not a father Vasq . lib. 1. illustr . quaest . Cap. 8. n. 18. Si dominus subditum , enormiter & atrociter oneraret ; princeps superior vasallum posset ex toto eximere a sua jurisdictione , & etiam tacente subdito & nihil petente . Quid papa in suis decis : parliam . grat . decis . 32. Si quis Baro. abutentes dominio privari possunt . The Servant may resist the Master , if he attempt unjustly to kill him ; So may the wife do to the Husband : If the pilot should wilfully run the ship on a roke to destroy himself , and his passengers , they might violently thrust him from the helme . Every Tyrants is a furious Man , and is morally distracted , as althus . sayeth , polit cap. 28. n. 30. & seqq . 4. Pag. 262. That which is given as a blessing and a favour and a scrine betwixt the Peoples Liberty , and their bondage , cannot be given of God as a bondage and slavery to the People . But the Power of a King is given as a blessing & favour of God to defend the poor & needy , to preserve both tables of the law , and to keep the People in their libertyes , from oppressing and treading on upon another . But so it is , that if such a power be given of God to a King , by which actu primo he is invested of God to do acts of Tyranny , and so to do them , that to resist him in the most innocent way , which is self defence , must be resisting of God , and rebellion against the King his deputy ; Then hath God given a royal power , as incontrollable by mortal men by any violence , as if God himself , were immediatly and personally resisted , when the King is resisted , and so this power shall be a power to waste and destroy irresistably , and so in it self a plague and curse ; for it cannot be ordained , both according to the intention and genuine formal effect and intrinsecal operation of the power , to preserve the tables of the Law , Religion and Liberty , Subject and lawes ; and also to destroy the same . But it is taught by Royalists , That this power is for Tyranny , as wel as for peacable government , because to resist this royal power put forth in acts either of Tyranny or just government , is to resist the ordinance of God , as Royalists say , from Rom. 13 : 1 , 2 , 3. We know to resist God's Ordinance and Gods deputy formaliter as his deputy , is to resist God himself 2 Sam. 8. ver . 7. Mat. 10 : ver . 40. as if God were doing personally these acts that the King is doing ; and it importeth as much as the King of Kings doth these acts , in and through the Tyrant . Now it is blasphemy to think or say , That when a Kings is drinking the blood of innocents , and vvasting the Church of God , That God if he vvere personally present , vvould commit the same acts of Tyranny ( God avert such blasphemy ) and that God in and through the King his lavvsul deputy and vicegerent , in these acts of Tyranny , is wasting the poor Church of God. If it be said , in these sinfull acts of tyranny , he is not God's formal vicegerent , but only in good and lawful acts of Government , yet he is not to be resisted in these acts , not because the acts are just and good , but because of the dignity of his royal persone . Yet this must prove that these who resist the King in these acts of Tyranny , must resist no ordinance of God , but only that we resist him who is the Lord's deputy . What absurdity is there in that , more then to disobey him , refuseing active obedience to him who is the Lord's deputy , but not as the Lord's deputy , but as a man commanding beside his Master's warrand ? 5. ( Pag. 263. ) That which is inconsistent with the care and providence of God in giving a King to his Church , is not to be taught . Now God's end in giving a King to his Church , is the feeding , saifty , preservation , the peacable and quyet life of his Church , 1 Tim. 2 : 2. Esai . 49 : ver . 23. Psal . 79 : 7. But God should crosse his owne end in the same act of giving a King , if he should provide a King , who by office were to suppresse Robbers , Murtherers , and all oppressours and wasters in his holy mount , and yet should give an irresistible power to one crowned Lyon a King who may kill a Thousand Thousand protestants for their religion , in an ordinary providence , and they are by an ordinary law of God to give their throats to his Emissaries , and bloody executioners . If any say , the King will not be so cruel . I beleeve it , because , actu secundo it is not possible in his power to be so cruel ; we owe thanks to his good will that he killeth not so many , but no thanks to the genuine intrinsecal end of a King , who hath power from God to kill all these , and that without resistence made by any Mortal man : Yea no thanks ( God avert blasphemy ) to God's ordinary providence , which ( if Royalists may be beleeved ) putteth no bar upon the illimited power of a Man inclined to sin , and abuse his power to so much cruelty . Some may say , the same absurdity doth follow if the King should turne papist , and the Parliament and all were papists , in that case , there might be so many Martyres for the truth put to death , and God should put no bar of providence upon this power , more then now ; and yet in that case . King and Parliament should be judges given of God actu primo , and by vertue of their office obliged to preserve the people in peace and godlinesse . But I answere . If God gave a lawful official power to King and Parliament to work the same cruelty upon Millions of Martyrs , and it should be unlawful for them to defend themselves , I should then think that King & Parliament were both ex officio and actu primo judges and Fathers , and also by that same office , Murtherers and butchers , which were a grievous aspersion to the unspotted providence of God. 6. ( Pag. 331. ) Particular nature yeelds to the good of universal nature ; for which cause heavy bodyes ascend , aëry and light bodyes descend : If then a wild bull or a goaring Oxe may not be let loose in a great market confluence of people ; and if any man turne so distracted , as he smite himself with stones , and kill all that passe by him , or come at him ; in that case the man is to be bound and his hands fettered , and all whom he invadeth may resist him , were they his owne sones , and may save their owne lives with weapons . Much more a King turning a Nero , King Saul vexed with an evil spirit from the Lord , may be resisted : and far more if a King endued with use of reason , shall put violent hands on all his subjects , kill his sone and heire : yea , any violently invaded , by natures law , may defend themselves ; & the violent restraining of such an one is but the hurting of one Man , who cannot be virtually the Commonwealth , but his destroying of the community of men , sent out in warres as his bloody Emissaries , to the dissolution of the Commonwealth . 7. ( Pag. 335. ) By the law of Nature , a Ruler is appoynted to defend the innocent : Now by Nature , an infant in the womb defendeth it self first , before the parents can defend it ; Then when parents and Magistrates are not ( and violent invading Magistrates are not , in that , Magistrates ) Nature hath commended every man to self defence . 8. ( Ibid ) The law of nature excepteth no violence , whether inflicted by a Magistrate or any other ; unjust violence from a Ruler is thrice injustice 1. He doth injustice as a man , 2. As a member of the Commonwealth . 3. He committeth a special kinde of sin of injustice against his office . But it is absured to say we may lawfully defend our selves from smaller injuries , by the law of Nature , and not from greater , &c. These and many moe , to this purpose , may be seen in that unansvverable piece : But I proceed to adde some mo● here . 9. If it be lawful for the people , to rise in armes to defend themselves , their Wives and Children , & their Religion , from an invadeing army of cut throat Papists , Turks or Tartars , though the Magistrates Superiour and inferiour , should either , through absence , or some other physical impediment , not be in a present capacity to give an expresse warrand or command , or through wickednesse , for their owne privat ends , should refuse to concurre , and should discharge the people to rise in armes : Then it cannot be unlawful to rise in armes and defend their owne Lives , and the lives of their Posterity , and their Religion ; when Magistrates , who are appoynted of God to defend , turn enemies themselves , and oppresse , plunder , and abuse the innocent , and overturne Religion , & presse people to a sinful compliance there with . But the former is true . Therefore &c. The assumption is cleare : Because all the power of Magistrates , which they have of God , is cumulative , and not privative and destructive , it is a power to promove the good of the Realme , and not a power to destroy the same , whether by acting and going beyond their power , or by refuseing to act and betraying their trust . 2. No power given to Magistrates , can take away Natures birth right , or that innate power of self defence . 3. It can fare no worse with people in this case , then if they had no Magistrates at all ; but if they had no Magistrates at all , they might lawfully see to their owne self defence . 3. The power given to Magistrates can not loose the obligation of people unto God's moral law ; but by the moral law they are bound , in this case of imminent danger , to defend themselves , their Wives and Children , and their Religion : these are acts of charity , which Magistrates cannot loose them from ; otherwise Magistrates might command us to kill the innocent , the widow and the fatherlesse , and we might lawfully do it at their command ; which is most false and absurde : therefore neither can their expresse prohibition hinder us from relieving such , whom we are bound to relieve , nor exeem us from the guilt of Murther , before God , if we do it not , but obey their prohibition . The connexion of the proposition I cleare thus . 1. The law of self defence is no lesse valide in the one case , then in the other . 2. The law of charity obligeth in the one case , no lesse then in the other . 3. Magistrates are no more appoynted of God to destroy the people themselves , then to suffer others to destroy them ; and so the resisting of their violence in the one case , is no more a resisting of the ordinance of God , then the resisting or counter-acting of their prohibition , or silence , in the other case . 4. Magistrates are no lesse to be accounted , in so far , no Magistrates , when they counter-act their commission , then when they sinfully betray their trust , and neglect their commission . 5. Unjust violence offered in Lives , Liberties and Religion , is no lesse unjust violence , when offered by Magistrats themselves , then when offered by strangers , Magistrates permitting or conniveing . 10. If it be lawful for private Subjects to joyne together in armes , and defend Themselves , their Lands , Liberties , Wives , Children ; Goods , and Religion , against a forraigne Enemie , invading the land to conquer and subdue the same , with the Magistrates approbation , or expresse warrand . Then it is also lawful to resist domestick Enemies animated by the same power and authority . But the former is true , because Magistrates , in that case , do professe and avow themselves tyrants , seeking the destruction of the whole Realme : and therefore are not Magistrates . Therefore &c. The consequence is cleared abundantly in the preceeding argument , and cannot be denyed : for , a domestick enemy is more unnatural , unjust , ihhumane ; illegal , hurtful and dangerous , then a forraigne enemy . 11. Such acts of unjust violence , which neither Magistrates themselves may immediatly commit , nor may any subject under them , without sin and disobedience to God , execute , may lawfully be resisted by private persones , when committed in a rage , or cruelly executed by inseriours . But such are acts of oppressing , plundering , spoyling Subjects of their libertyes , because of their adhereing to their sworne Covenanted Religion . Therefore &c. That Princes and Magistrates may not oppresse , and wronge the People , is clear 1 Sam. 12 : 3 , 4 , 5. 2 Sam. 23 : 3. 1 King. Cap. 21. and 22. 2 Chron. 9 : 8. Psal . 105 : 14 , 15. Esa . 1 : 23. and 3 : 12 , 13 , 14 , 15. and 14 : 15 , to 23. and 9 : 7. and 16 : 5. and 32 : 1 , 2. and 49 : 23. Ier. 22 : 3 , to 32. Zeph. 2 : 8. and 3 : 3. Micah . 3 : 1. to 12. Obad. v. 2 , 10 , to 17. Ezech. 22 : 6 , 7 , 27. and 45 : 8 , 9. It is contrare to their expresse commission Rom. 13 : 4 , 5. That their unjust mandats for oppression and useing of violence , are not to be obeyed , is no lesse clear from Exod. 1 : 15 , 16 , 17 , 18 , 19 , 20. 1 Sam. 22 : 17 , 18. Psal . 52 : 5. So likewise it cannot but be cleare , That it must also be lawful to resist that violence when wickedly and unjustly acted and executed : For , what power Magistrates can not themselves put into execution , is not of God nor ordained of God ; and therefore the resisting of that , cannot be the resisting of any power ordained of God : And againe , what power subjects cannot lawfully put into execution can be no lawful Magistratical power appoynted of God : For , if it were , a refuseing to put the same into execution were a real resisting of the ordinance of God : And so a resisting of this , when wickedly put into execution , is no resisting of the ordinance of God , which causeth damnation . 12. That it is just and lawful to flee from the violence of Magistrates will not be denyed . But if that be lawful , when subjects have no power or meanes whereby to resist , or oppose unjust violence with violence , It cannot be simply unlawful to resist the same unjust violence with force , vvhen neither flying , nor hideing , nor other such like meanes of saifty are practicable : Because it is the principle of self defence against violence , that makes flight lavvful , vvhen there is no possibility of resistence ; and the same principle of self defence will make resistance lawful , when the other is not practicable . Againe , the principle of charity to their Wives and Children and other Relations , makes flight lawful , when they can not otherwise avoide the unjust violence of Tyrants ; and the same principle will animate to resistence , when practicable , & when they cannot flee with wives and children and old decrepite parents &c. Thirdly , the same principle of conscience , viz that they may keep their Religion and Conscience free and undefiled , which will prompt to a flight , when there is no other remedy , will prompt also to resistence , when flight is not practicable . I remember , The Surveyer Pag. 41. calleth this [ a monster of a stoical paradex which the paire of pseu●o - martyres brought forth ; whereas flight is only a withdrawing from under his dominion , and putting ones self under another dominion where his power reaches not : and so by flight and withdrawing from the Kingdomes , the man ceaseth to be a subject to him , whose subject he was , and comes to be under other Lords and lawes . ] Answ . This must be a monster of men , whose eyes must be of a magnifying glasse of a paradoxical quality ; and he must have a strange stoical phancy , who imagineth that such a thing is a paradex , and a stöical paradox , and a monster of a stöical paradox : what could his stoical braine have said more paradoxically ? Flight and non-obedience both are a resisting of the abused power ; and if the cause be just which is pressed by the Magistrate , flight on that account , & non-obedience , is a resistence of the powers ordained of God , condemned Rom. 13. for such an one is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 he is out of due order . But. 2. As we have seen , the consequence will hold , and we seek no more ; we need not make it a resistence equal with forcible resistence . 3. He speaketh of a flight out of the King's dominions , but what sayes he to a flight , when the persones flying keep still within the dominions ? Will he grant that this is liker unto a resistence ? And he must , if his reasons hold ; for in this case , the man ceaseth not to be a subject nor cometh he to be under another Lord : and if he grant this , our argument will stand as firme as ever . 4. The man , for all the money he hath gotten from his majesty for his paines , or paine , is not afrayed to rub , by what he sayes here , upon his sacred Majesty and his Royal Councel ; for , if persons withdrawne and out of the Kingdom , cease to be subjects to the King. How could the King and council summon home the Scottish officers who served under the States of the Netherlands , and were servants to them , and under their pay , and had been in their bounds , all most all their dayes , yea some of them were borne under the States ; and yet for not comeing to the Kings dominions upon his call and charge , they were denunced rebels & fore faulted , and stand under that sentence to this day , for any thing I know ; which , though I account the most unjust , inhumane , barbarous & irrational act , that can be , so that it may well be reckoned , among the Surveyer's monsters of stöical paradoxes ; yet I think tendernesse to his Majesties honour and credite , should have made him spare to have set downe this parenthesis : But , some men , it seemes , have liberty to say what they can or will , if it may help the desperate cause , though it should reflect upon King and Council both . Let a friend goe with a foe . 13. It was not to Parliaments or inferiour Magistrates , that Christ said , alittle before he was to be apprehended , Luk. 22 : 36 , 38. But now-he that hath no sword , let him sell his garment , and buy one — and they say Lord here are two swords , and he said unto them , it is enough . Here is enough to evince the lawfulnesse of resisting with force unjust oppressours ; for if Christ had thought it simply unlawful , why would he have desired his naked private disciples , to buy swords , which are weapons for forcible resistence and defence , and that at such a time ? It is true , he would not suffer them to make use of them as they would , not because it was simply unlawful for them to rescue him out of the hands of that band of robbers ; for he useth no such argument to dissuade them : but because , he was commanded of the father , to yeeld and to lay downe his life , of his owne accord ; and therefore was it also that he would not use the help of angells , as he might have done , in his owne defence ; therefore said he Ioh. 18 : ver . 10 , 11. put up thy sword into the sheath , the cup which my father hath given me shall I not drink ? ( & Mathew addeth Cap. 26 : 52 , 53. ) thinkest thow that I cannot pray to my father , and he shall presently give me , more then twelue legions of angells : God had revealed his will , that Christ behoved to suffer Mat. 16 : ver . 21 , 22 , 23. Ioh. 20 : 24. and that was sufficient to restraine this act of self preservation hic & nunc : which was otherwise lawful ; as well as it did restraine from flight , a mean which Christ at other times used , for his preservation : Neither did his word to Peter import that this self defence was unlawful ; but the reasones of it were ( as River sayes in decal . 6. praec . ) 1. Because it had a kinde of revenge in it ; for so few could not repel such an army as came to take Christ . 2. He waited not Christ's answere . 3. He could have defended himself another way . 4. It was contr●re to God's will revealed to Peter . ] 14. That doctrine cannot be of God , which to the eye of sound reason , & to all rational persones , doth remedylesly & unavoydably , tend to overthrow and destroy polities , all order , and all humane society , and open a gap and wide door to all confusion , disorder , tyranny , oppression , cruelty , and injustice . Our Surveyer cannot deny this proposition ; seing he maketh use if it , or of one very like unto it Pag. 43. But to say that a poor oppressed people may not defend themselves , in extreame necessity , against the oppression and tyranny of Magistrates , and resist unjust violence with violence is to all rational persones a remedylesse and unavoydable course laid downe , for utter overturning of all Society , & is an opening of a door to all confusion , disorder , tyranny , oppression , Murthers , cruelty , injustice , &c. for when Magistrates turne Tyrants , oppressours , set themselves to seek the ruine and destruction of their Kingdomes , and of all their Subjects , in bodyes , goods , and Consciences , and sell themselves to do such villany and wickednesse , there is no remedy , by this doctrine ; the Commonwealth is utterly gone ; oppression and Murthers are increased ; all is overthrowne and overturned ; and there is no help . Thus God shall have given a power to one man to kill and massacre millions of Christians , to destroy whole Commonwealthes , and to root them out , and all their memorial , that no more mention should be made of them . But who can beleeve this ? Yea if this were received as a truth , what incouragement were it to tyranny and oppression ? And what mischief would not wicked hearts contrive and execute , if they did not feare opposition and resistence ? This Surveyer tels us Pag. 103. That it is enough to keep Kings right , to tell them they must answer to God , But we see that for all this , there are moe evil and wicked Kings , then good ; and it is more then probable , that that alone vvould no more suppresse their tyranny , and keep them from wickednesse , then the fear of the gallowes would keep theeves from stealing and robbing ; if they knew that no body would resist them , or oppose them with force , when they came to steal and rob . 15. By this doctrine , People should be in the most miserable condition imaginable when under governours ; for not only should they be lyable to all the oppressions of Magistrates tyrannizing over them , and have their hands bound up , so that they could not helpe themselves ; but also unto the opression and tyranny of every one who could but say , he had a commission from his Majesty to kill and murther all whom he pleased : For they might not resist whether he had a real commission or not , lest they should resist the ordinance of God , in resisting a servant sent of the King to execute his lust and cruelty , with expresse warrand and commission : & thus there would be as many irresistible tyrants , armed with absolute and irresistible power , as one Tyrant will , and the people might no more use violent resistence against them , then against him . A doctrine , I am sure , poynt blanck contrary to all reason and equity . 16. If forraigne princes may lawfully help a poor people oppressed by their owne Soveraigne : Then people may lawfully , if they be able , hold in the paines of these forraigne princes , and defend themselves . But the former is granted by casuists and politicians . Therefore &c. The consequence cannot be denyed : for forraigners have no more power or authority over another soveraigne , then the people have themselves : and what justice , or equity of the cause could warrand them to come to their reliefe and succoure , the same will warrand the persones injured to help themselves , if they be able . 17. As the law of Nature will allow this self defence even to private persons , in cases of necessity , So will the law of Nations , and the Civil law ; for it maketh no distinction betwixt self defence used by private persons alone , and that which is used by private persons having their Representatives concurring : And where the law distinguisheth not , we should not distinguish . As all law permits to repel violence with violence ; so doth it give this allowance to all persons whatsoever l. Liberam C. quando licet unicuique sine judic . 18. To maintaine , that in no case it were lawful for Private subjects , to resist the unjust violence , and to defend themselves from the tyranny of Princes , would be a direct condemning of our owne Princes K. Iames , and K. Charles , who helped the private Subjects of other Princes against them : and is it not unreasonable to plead for more absolute subjection , then princes themselves will plead for : Or to condemne that resistence which even they will approve of , countenance and encourage to ? 16. If it were not lawful for private persons to defend themselves against the manifest tyranny of a Soveraigne , without the concurrence or conduct of a Parliament , or their Representative : Then the condition of such as live under such a government where there are Ephori , or where there is a Representative constituted , should be worse , then is the condition of these , who want such Representatives . But that were absurd . Therefore &c. The consequence of the Major is hence cleared : Because , all the arguments , which have been adduced by any , for proving the lawfulnesse of resistence in cases of necessity , will evince that a people , who have no formal Representative , may resist the tyranny of their Prince : But now if this were not allowed unto a People having Representatives , their case should certanely be worse : Because their hands should be bound up from that necessary defence , which otherwise they might have used viz. when Representatives should betray their trust , and comply with a tyrannous Prince against the people . The Minor is most certane , because Parliaments or Representatives have been instituted for the good & advantage of the people : And therefore should not prove hurtful and destructive , otherwise they cease to be a benefite and a blessing . A benefite should not prove onerous , sayeth the law , si filiusf ff . ut legator nom . caveaetur . 20. If it be lawful for private persons to resist the Tyranny of Parliaments , and other inferiour Magistrates : Then it cannot be unlawful for them to resist the Tyranny of others , without their concurrence and conduct . But the former is true , as all the arguments used by divines and politicians to prove resistence , will evince ; and as several of our adversaries will very readily grant , though they will stifly maintaine , that no resistence is to be used against the Soveraigne . Therefore &c. The connexion is hence cleare , That to whom the greater is lawful , the lesse is also lawful : Now it is a greater matter to resist a Parliament , then to wave them , and miskend them , or to resist others vvithout their help ; as all may see and will easily grant . There is not a more expresse command for Subjects to do nothing without the concurrence of a Parliament , then not to resist them and oppose them : Nor are people more obliged to the one , then to the other . 21. Privat persons without the concurrence of Parliaments , may resist and oppose the Prince , yea and binde his hands , when in a fit of frenzie , of a distempered braine and madnesse , he would seek to cut his owne throat , or with Saul would run upon his sword . Therefore they may also resist oppose him , when in madnesse and fury , he would not only endanger his owne life in soul and body , but vvould destroy the inheritance of the Lord , and cut off his faithful and innocent subjects , and destroy the land . The connexion is cleare : Because more respect is to be had unto the life of Thousands , then to the life of one Man. The antecedent is certane , because otherwise they should be guilty before the Lord , of his death , if they vvould not hinder it , when it was in the povver of their hands ; for he vvho hindereth not a mischief vvhen he may , he vvilleth it , and so is formally guilty before God. 22. Privat persons , vvithout the concurrence of inferiour Magistrates , may resist the Soveraigne , vvhen in a rage he runeth upon an innocent man passing by , and with Saul , vvhen an evil spirit from the Lord came upon him , vvould cast his javelin or deadly instrument at the innocent Davids . This no rational person vvill deny , vvho knovveth vvhat a hazard it is to partake of other men's sinnes : Love to the Prince should presse to this perserving of him from shedding innocent blood ; and vvho doth not this vvhen he may , consenteth to that murther . Therefore they may also , no lesse , yea much more , resist him , vvhen in his madnesse and distemper , he is seeking to destroy millions of the people of God : And againe , much more may vve resist him , vvhen he is seeking to destroy ourselves , vve being much more bound to love and defend ourselves , then to love and defend others . 23. If it be lawful for private subjects , without the Commande or allowance of Parliaments or their Representatives , to resist a Tyrant , or the Tyranny of a Prince , with teares and prayers : Then also , in cases of necessity , it shall be lawful for them to resist his violent Tyranny and tyrannical violence , with violence , But the former is true . Therefore , &c. The minor is cleare : For Royalists themselves will grant that praeces and lachrymae may be opposed to Tyranny ; Thus did the ancient Christians resist their tyrannical Emperours with earnest cryes and prayers to God , especially Iulian the Apostate , whom they ordinarily stiled Idolianus , Pisaeus , Adonaeus , Tauricremus , alter Hieroboam , Achab , Pharaoh , &c. And we are allowed to pray against the Enemies of Christs Kingdome , against the Turk , the Pope that great Antichrist , and all the little Antichrists that make warre against the Lord and his interest . Therefore we may also resist a Prince Tyrannically oppressing the People of God , destroying the mountaine of the Lord , makeing havock of his Church , when we are in probable capacity for that work . The reason is because , the one is no more condemned in Scripture then the other . 2. The one is no more a sinful resisting of the Ordinance of God , then is the other . 3. Adversaries themselves will grant that resistence by prayers and tears is more powerful and effectual , then the other . 4. This personal resistence is as consistent with that command , let every soul be subject to higher powers , as the other is with that , 1 Tim. 2 : ver . 1 , 2. 1 exhort that supplications , prayers and intercessions be made for Kings , and for all in authority . 5. If the Prince be good , the one is as unlawful as the other , and a sinful resistence of the ordinance of God , no lesse then the other : Therefore when he becometh a Tyger , a Lyon , a waster of the inheritance of the Lord , an Apostate , as I may not pray for him , except conditionally , but against him , as an enemy of Christ's ; so I may also lawfully resist him with violence . 6. It is cleare from other perfsons or things against whom or which , I may lawfully pray , as inward or outward Enemics , forraigne or domestick , be they inferiour or superiour , against these I may use resistence , in my ovvne sinlesse defence . 7. The lavves of the land make the one treasonable as vvel as the other , and that deservedly , vvhen the Prince is doing his duty : but vvhen he turneth Tyrant , neither can justly be condemned . 8. We have seen the one practiced in Scripture and other Histories , as vvell as the other . 24. If it be lavvful for meer privat persons to refuse obedience unto the unjust and iniquous commands of Princes : Then it is also lavvfull for them to resist the unjust and illegal Tyranny of such . But the former is undengable . Therefore so is the latter . The connexion is cleare . For 1. Subjection is no more expresly pressed in Scripture , then is obedience , to Superiours : Therefore if not withstanding of this command , non-obedience be allowed yea and necessary , vvhy not also non-subjection or resistence ? 2. The lavv of God doth not presse this as more absolute and unlimited , then the other . 3. Non-obedience to the povver commanding just things is a resisting of the ordinance of God , as well as non-subjection thereunto : if notwithstanding hereof non-obedience to unjust commands be allowed , why also shall not non-subjection to tyranny be allowed ? 4. The one doth no more derogate from the lawful authority of the Soveraigne , then the other . 5. The one is no more a wronging of the Minister of God as such , then the other ; because he is no more the Minister and vicegerent of God in acts of Tyranny , then in commanding unjust things . And therefore 6. such as resist unjust violence , can no more procure to themselves damnation , then the such as disobey unjust commands . CAP. XIII . The Surveyer's grounds taken from Scripture , for absolute Submission to Suffering , examined . HAving thus proved the lawfulnesse of private persones resisting , in cases of necessity , the unjust violence of Superiour powers , by many arguments ; and having vindicated the same from what this Surveyer had to say against them , We come now to examine his grounds for the contrary assertion . Out of Scripture he adduceth Three grounds Pag. 28. &c. The first is taken from the duty of Children toward Paents unjustly afflicting them Heb. 12 : ver . 9 , 10. where , their reverend subjection under unreasonable and unjust dealing is commended : and from the duty of Servants to suffer at the hands of unjust and froward Masters 1 Pet. 2 : 18 , 19 , 20. To which we answere , 1. That these examples are so far from making against us , that they fully comfirme our poynt , as we have shewed above : For , notwithstanding of what is said in these places , he cannot deny , but Parents may be resisted by their Children , in several cases , and Masters by their Servants . It would be strange , if he should presse this subjection so close home , that now no Servant might lawfully resist and withstand the fury of his Master ; nor no Childe might hold his furious Father's hands , and defend himself against his unjust acts of cruelty . And Althusius Pol. c. 38. n. 88 , 89. tels us that in several cases , the father lòseth the right of his fatherly power over Children ; & masters power , from the law Tit. lust quib . mod . jus Pat. Pot. amit . § Domin , lust . de his qui sunt sui vel alieni juris l. 5. § sivel Par. de agant . vel alend. lib. L. necfilium Cap. de Patr. potcst . L. 2. L. 3. Cap. de Inf. expos . Novel 115. Cap. 3. 2. If these simititudes be hardly pressed , it shall not now be lawful for Subjects to resist so much as by flying ; for the reverence and subjection required of Children unto their parents , will not suffer that to evite every smal injurie from their parents , they should ran away from under their power and subjection ; nor might servants in those dayes run away from their Masters , who had another dominion over them , then Masters now have over their Servants , who are free to goe off when they will ; himself acknowledgeth this Pag. 31. 3. We have shewed above what a vast difference there is , betwixt the power of Parents over their Children ; and the power of Magistrates over their Subjects : And he himself doth confesse there is a difference ; yet sayes he , Pag. 29. There is a full parity and agreement in this , that in the inflicting of evils upon these who are under them ( such as are competent to them to inflict within their sphaere ) a patient reverent subjection is due from their inferiours , even when they abuse their power . ] Ans . This is the question , if the parity hold even here in all poynts ; for seing these Relations are different one from another , even in their nature and ground , it is but rational to think , that there must also be some difference betwixt them , as to the consequent or result that floweth from that relation , else it would follow that as Children are so Subject , as that they can never but be subject , to their Parents ; so Subjects could never be free of their Superiours ; and yet himself tells us , that they may , by going under another government , or removing to other dominions . 2. Who shall be judge , whether the Superior keepeth within his spaere , yea or not ? If the Superiour , then there is no remedy at all ; for when he doth most exceed his bounds , he may judge that he keepeth within bounds , and so whether he keep within his sphaere or not , there must no resistence be used , but a stupide subjection . 3. Whether may the Superiour be resisted by the inferiour , when he doth what is not incumbent to him to do within his sphaere , or not ? If he may not , then why is this parenthesis added , As a restriction or limitation of the Subjection required ? If he may be resisted when he really goeth without his sphaere , then this makes for us ; for he must grant that the Magistrate doth nor prescribe the limites of his owne povver , but God and nature , and the constitution of the Realme . Novv God hath never put it in the povver of Princes to presse their subjects to perjury , or to a complyance with a sinful abhominable and abjured course ; so that vvhn he doth thus , he goeth beyond his sphaere : His sphaere is to rule for God and the good of the land , and not to destroy the interest of Christ , and the Commongood : and if he may be resisted , vvhen he goeth beyond this sphaere , then vve have all vve aske . It vvas never vvithin his sphaere , to break his compact vvith his People : and vvhen he doth so , he is vvithout his sphaere and may be resisted , and this is also for us . Againe he tells us in the 2 place . That though Kings are not fathers by generation ; yet as Kings and Magistrats should have fatherly hearts to their subjects , ( they being a sort of official fathers to them , to procure their good , and defend them from evil ) so subjects ought to have such hearts to their King , as Children have to their fathers , giving them speical reverence , subjection and obedience , from their very soul and inward affection . ] Answ . All this sayes that as Kings are metaphorical Fathers , so Subjects , are metaphorical Children . But as it doth not say , that Kings should become Tyrants , & not carry fatherly affection tovvards their Subjects ; so it doth not say , that Subejcts may not resist their tyrannical rage and fury , vvherein they acte not as fathers , but as Tygers . 2. It is true , special reverence subjection & obedience is due to Magistrats , but alvvayes in the Lord ; The relation is mutual , if they carry not as official fathers seeking the good of the subjects and defending them , but as devouring Lyons seeking the destruction of their Subjects both in soul and body , they cannot expect , according to vvhat he sayeth , that hearty subjection and obedience , vvhich othervvise they might have . 3. Being but official fathers appoynted by the subjects , and set over them by their vvill and consent , they must have lesse povver to vvronge the Subjects , then Parents have to vvronge their Children , vvho have not that relation by vertue of any formal compact with , or consent of their Children . So that when they do injuries , Subjects are in a greater capacity to help themselves , then Children are ; vvhen their Parents to injure them . He addeth [ Although some times they are not such as they ought to be , yet they ought to account their persons ( sealed with Gods ordinance , and the image of of his Soveraignity ) sacred and inviolable , resolving to suffer any thing of them rather then be guilty of parricide ( although under the colour of self defence ) Gods law in the fift command hath injoyned reverence & subjection to Princes under the title of Parents Calv. Iustit . Lib. 4. Cap. 8. &c. [ Answ . We are not speaking of doing violence unto the persons of Soveraignes , or of committing parricide , but only of the matter of resistance , and of natural sinlesse selfe defence , vvhich is far different from Killing of Kings : If he think the one of the same nature vvith the other , he vvrongeth the King's life , more then he is avvare of . Though Children as Children may not Kill their parents , yet they may defend themselves from their unjust violence . 2. We grant Kings are comprehended in the fift commandement under the title of parents , as Calvin doth ; and not only Kings , but all Superiours : & yet he will not say , I suppose , that we are not to resist the unjust violence of any superiour , but that they are all so sacred and inviolable , as that in all things , they must be subjected unto , without the least resistence : and therefore what he addeth is not to the poynt . 4. We have shewed above , that there is a vaste disparity betvvixt Masters and Kings , in reference to their slaves and subjects ; He himself acknovvledgeth this , Pag. 31. [ Yet ( sayes he ) though there be these differences betwixt the dominative or masterly , and the Royal or Magistratical power , the inferiours subjection in suffering ( even wrongfully , if God permit in his providence the power to be abused ) is no lesse under the one power , then under the other , by vertue of Divine Law. Subjects serve the Soveraigne , ( though they be not slaves : ) and not only conquered people are called Servants , 2 Sam. 8 : v. 14. but also ordinary subjects , 2 Sam. 11 : V. 24. 1 King. 12 : V. 4. — Though he also be in a sense their servant ( not in relation of an inferiour to a superiour , for so the Magistrate is only the Minister of God for the Peoples good , and never called their Minister ) but in relation of the meanes to the end — as Angles are ministring spirits for the heires of salvation , and Ministers are Servants to the People , &c. ] Answ . That the subjection is alike in both these relations , can with no colour of reason be asserted ; for it is absurd to say , that Subjects who set up the Magistrate , who limite his power , who binde him by Covenants , and designe their owne good in setting him up , & do it in a voluntary way , are the same way subject to their Princes , ; as slaves , who are as other goods for the profite of the Master , & are , both in bodyes & goods , otherwise subject unto their Masters , and that in a manner against their will , either being sold , or redeeming their life in war , by giving themselves up as slaves . 2. As there are various Kindes of Superiours , so the relation varyeth , and is more or lesse closse and efficacious , and the subjection must accordingly vary : I am not alike subjected to every one that is over me , as I am subjected to my Soveraigne ; nor am I so subjected to him , as to my natural parents , or as a wife is to her husband . 3. Though the Subejcts in some sense call themselves servants to the soveraigne , ( which yet is often a tearme of civil respect ; for Naaman called himself Elisha's servant 2 King. 5 : 15. and Obadiah said the like to Elijah 1 King. 18 : 9. ) yet if they be not slaves ; they must have more allowance then slaves have , and so have more povver to resist unjust violence then they had . 4. If the Magistrate be the peoples servant in relation of the meanes to the end ; then the relation betvvixt him and his Subejcts , is not such a relation as is betvvixt Parents and Children , or betwixt Masters and Slaves ; for the end of these relations , is not the good of Children and slaves : And next , Subejcts must have more power allowed them to see to the end , which is their owne good , and to see that the means prove not destructive of the end : and if the meanes prove no meanes , the relation falleth , and he is no more a servant seeking their good , but a Tyrant seeking his owne . 5. It is sooner said then proved , that the People who set up the King are not superiour to the King : He should have aswered Lex Rex as to this : but it is like , he thinketh that his saying thus , is more firme and irrefragable , then Lex Rex reasonings to the contrary : But I know not who will think so with him . 6. There is a great difference betwixt Angels serving the saints , or rather serving God that way ; and the King serving his People : The saints have no hand in setting up angels to protect them , as People have in setting up Magistrates . 7. If they be servants as ministers are , then , though in regard of their official power they should not be subject to the People , yet they may be resisted , as was shevved above : and this is all vve presse for . 5. There is a great difference betwixt suffering of Buffettings , and correction , and such like petty , private , personal injuries , at the hands of Parents or Masters ; and the suffering of losse of Liberties , Life , Lands , Religion , and such like , which tend to the ruine of the Commonwealth . To this our Surveyer replyeth two things Pag. 32. as , 1. [ The grounds that such men goe upon for private persones violent resisting the Magistrate ( viz. the abuse of his power ) if they hold good , will as effectually evince a non-subjection & violent resistence to Parents and Masters in abusing their power . ] Answ . We say not that the Magistrate's abuse of his power is the only ground of resistance ; this should have been shewed , and not said barely , as it is here : But when other things give ground of resistence , yea and a call thereunto , it is enough for us to say , that we resist not the power , but the abuse of the power . 2. Though we walked upon no other ground ( which is false , as is cleare from what is said ) yet his consequence would be null , unlesse he should affirme , which yet he dar not , That the Magistrate is under no other obligation to his Subjects , then Parents are to their Children , and Masters to their Slaves . But what sayes he ? 2. [ as death is not , so no punishment unjustly inflicted is eligible , where lawfully it can be warded off . But this is the state of the question , if private persones may lawfully violente the Magistrate abuseing his power : if in greater evils unjustly inflicted , there is alwayes a liberty for inferiours violently to re-offend the powers above them ? Why not in lesse evils too ? These gradual differences of inflicted evils cannot make such variation , in the poynt of duty , seing the grounds hold equally strong ; if a man may resist the Magistrate for abuse of his power , he may do so also against his father , or Master on the same grounds , and if he may not so deal with them , he may not deal so with the Magistrate neither ] Answ . It is true that no punishment unjustly inflicted is eligible where lawfully it can be warded off ; but there may be more said , for the lawfulnesse of warding off of death , then for warding off a little blow . And 2 there may be more said for warding off a blow , then for warding it off by violenting the Superiour : We speak not of violenting the Superiour , but of warding off the blae and bitter blowes , and such other iujuries equivalent to death , done by his bloody emissaries , which may be done without violent re-offending the powers above us . 3. When the injuries are great and grievous , and not easily reparable , God and nature will allow , a warding of these off , even by violence , when they can no otherwise be shuned . Though a Childe may willingly Subject himself unto correction , though he do not really deserve it , yet if his father in stead of taking a whipe to chastise him , shall take a sword to hew him in pieces , or a knife to cut his throate . I suppose in that case , the Childe may refuse hearty subjection , and either flee away , or if he cannot , save his life so long as he can , either by calling for help , or with his owne hands if he be able . And here he will grant , I suppose , that the gradual difference of inflicted evills will make a variation in poynt of this duty of resistence . So in smaller injuries subjects may be patient , and beare a little , for redeeming more , and rather suffer the losse of little then hazard all , but when it comes to an extremity ; and Life , and Religion and Liberty , and all that is dear to them as men as Christians , is in eminent and unavoydable hazard , then they may lawfully stand to their defence , and resist that abused power , not meerly , nor only , nor formally , because it is an abused power , but because it is so abused , as that it destroyeth the ends for which it was appoynted , and destroyeth all that is deare unto them , and which they are bound to defend , upon any hazard , if it be in their power ; because the losse is irreparable . Though a gradual difference of evil inflicted do not vary the spece of evil inflicted , the least evil inflicted being an evil essentially as well as the greatest , to him who doth inflict it ; yet it may alter the ground of resistence , not only of superiours , but also of equals and inferiours ; for I may beare with a smal injury at the hand of mine equal and inferiour , and not so much as seek reparation by law , when I see that either the matter is not tanti , or that I shall expend more in regaining my owne , then all my losse was : But will he think that upon this ground it will follow , that if mine equal or inferiour shall endeavour by fraud or falsehood , to take from me my whole estate , I may not then sue him at the law , and vindicate my owne ? Sure it were irrational to say so . 6. This will speak as much against resisting of the inferiour powers , as resisting of the Supreame : For they are metaphorical Fathers too , and superiours over us , as well as the Soveraigne , and the comparison will hold in the one , as well as in the other . Now if he think that the concurrence or command of the Inferiour Magistrate , will not warrand Subjects to resist the Supreame ; He must also say that the concurrence or command of the Superiour , will not warrand a resisting of the inferour ; and so it shall be alike unlawful to resist any , if this comparison hold , according to his urging of it : For it was not lawful for the Childe to resist the Mother , but to suffer patiently her chastisment , though the Father should have been indulgent , and would have pardoned the Childe , or extenuated and excused the Childe as not guilty of the fault alledged . So was the childe also obliged to be Subject unto his Father's corrections , though the indulgent Mother would have taken the Childe's part against the Father . 7. The Servant was to bear buffets patiently 1 Pet. 2. & after Christ's example was not to buffet againe ; for Christ being reviled did not revile againe , and so the place speaketh not against resistence for self defence ; but against buffeting againe , which is no formal warding off of blowes , & floweth not from sinlesse nature seeking to defend it self ; but rather from a spirit of revenge : So that , for all this , the Servant might have warded off blowes , and saved his head with his armes , when his cruel Master was seeking to break his head . 8. It is one thing to speak of what a Childe may do , who hath no power to resist his father , or what a slave is called to , who hath no power or probable way to resist his Master ; & another thing to speak of what a Nation , or a Considerable part of a Nation may do against a few , whose unjust violence they are able to resist . 9. The maine ground of this argument is a mistake ; for he thinketh that patient suffering is inconsistent with resisting . But Lex Rex quaest 30. Pag. 281. hath shewed a consistencie , ( but it is his best , according to his usual custome , to passe over such things as he cannot answere . ) So that the consequence is a meer nullity : for because servants are to suffer unjust buffetings , at the hands of their wicked Masters , It will not follow , That therefore they are obliged in conscience to non-resistence : for as Lex Rex sheweth , The Church of God was to bear with all patience the indignation of the Lord because she had sinned Micah . 9 10 , 11 , 12. and yet she was not obliged to non-resistence ; but rather obliged to fight against here Enemies . David beare patiently the wrong that this Sone absolome did to him , as is clear by 2 Sam. 25 : ver . 25 , 26. and Cap. 16 : v. 10 , 11 , 12. Psal . 3 : v 1 , 2 , 3. Yet did he lawfully resist him and his forces . So we are to beare sicknesse , paines , and torments , which the Lord sendeth on us ; and yet very lawfully may we labour and use all lawful meanes to be freed from them . 10. Christ's Rule to us ; Math. 5 : v. 39. is , that whosoever shall smile us on the right cheek , we should turne the other to him also , and what more patient subjection can be required by a Magistrate of his subjects ? and yet this will not make it altogether unlawful for private persones to defend themselves from unjust violence offered them , by their equalls or inferiours . No more will it follow from that patient subjection that we owe to Rulers , that in no case we may resist their unjust violence , and defend ourselves there from . 11. I hope notwithstanding of any thing , that is spoken in these passages , he will allow children when wronged by their Parents , and Servants when iniured by their Masters , liberty to complaine to Magistrates who are over both , and yet this is the useing of a legal resistence , and as much opposite ( if at all opposite ) to the patience and subjection injoyned , as is violent resistence , when that legal resistence cannot be had ; as suppose , when Father and Son , and Master and Servant are living in no Community , where there are Rulers and Judges over them : and if this be lawful in this case ( as it cannot be denyed ) then must it also be lawfull for subjects to repel the unjust violence of Princes with violence : Because there is no political Rulers over both King & People . But People must make use of that Court and tribunal of necessity , which nature hath allowed , and by innocent violence , repel the unjust violence of Princes , seing there is no other remedy . His second ground out of Scripture is taken from Mat. 5 : ver . 10. 1 Pet. 4 : ver . 14 , 17. and the like places ; [ Where there is a commended suffering for Christ and Righteousnesse sake , and consequently a sort of commanded suffering : a suffering contradistinct from suffering for evil doing , even a cleanly submission to suffer in and for well doing ( when God in his providence permits Rulers so to abuse their power ) which passive subjection or submission is not grounded on the Rulers abuse of his power through his corrupt will , but upon the peculiar command of God enjoyning submission in such cases . ] Answ . 1. These & the like speak nothing at all to the poynt : For , as we may be persecuted for righteousnesse sake by equalls , Yea and by inferiours ; so we are to suffer that persecution , when God in his providence calleth us thereunto , with patience and humble submission of Spirit . But is this a good argument , to prove that it is unlawful for us to resist and repel injuries offered to us by equals or inferiours ? And if it will not prove it unlawful for us to resist our equals or inferiours , neither can it hence be inferred that it is unlawful for us to resist Superiours . 2. By this same reason the King if a Christian , is bound to submit as well to his subjects , as they to him ; at least , he is not bound to resist a foraigne King invading him for Religion , which I know not who will grant . 3. That God alwayes calleth us to submissio nor passive subjection , when in his providence he permits Rulers to abuse their power , is the thing in question , and this argument doth no way prove it . 4. We grant , that God calleth us to suffer for righteousnesse sake , patiently and Christianly , whether at the hands of Superiours , or at the hands of equals or inferiours , when in his providence we are so stated , as that we must either suffer , or sin by denying a testimony for his truth and cause : But that , when a door is opened for eshewing suffering , and God in his providence seemeth not to call us thereunto ( as he never doth , when he giveth a faire way of preventing it ) we are called to suffer , and bound to choose suffering at the hands of any , is denyed and not proved by him . But furder he tells us . That [ Lex Rexquaest . 30. Leers at passive obedience , as a chymaera , as a dreame , and as involving a contradiction : And he thinks ( sayes he ) he speaketh acutely , in saying , God never gave to any a command to suffer for well doing , nor at all to suffer ( suffering depending on the free will of another without us , and not on our owne free will ; and so not falling under any command of God to us , ) but he reasones ( sayes he ) very sophistically , inferring that because meer suffering , which necessarily depends on the action of another , is not commanded to us , therefore subjection to suffering , or passive obedience is not commanded , when the Magistrate inflicts suffering . ] Ans . The worthy Author of Lex Rex was there answering the objection of Royalists , who alledged such places , where , they supposed , we were commanded to suffer , and among several assertions , which he laid down to solve this , he had this assertions , That suffering formally as suffering , nor non-resisting passive , could fall under no formal law of God , except in two cases , 1. in the poynt of Christ's passive obedience , and 2. indirectly and comparatively , when it cometh to the election of the witnesse of Iesus , whether he will suffer or deny the truth of Christ , so that this alternative must be unavoydable , otherwayes ( sayd he ) no man is to expect the reward of a witnesse of Iesus , who having a lavvful possible meane of eshevving suffering , doth yet cast himself into suffering needlesly . Novv vvhat a meer vvrangler must this be , vvho sayeth , that that vvorthy Author did reason sophistically in so inferring , vvhileas he is only ansvvering the objection : and hereby he doth it sufficiently ; for if it be evinced ( as he hath unansvverably evinced it ) that passive obedience or passive subjection is not formally commanded ; then their arguments proving this passive subjection to be our duty , are null ; and so they cannot hence inferre , that non-subjection passive is forbidden . And vvhat have they gained then out of these places ? Can this Surveyer affirme that passion as passion , or suffering formally as such , cometh under a command of God ? no , he dar not , but must vvith Lex Rex say , that it is impossible that meer passion , ( as to be whipped , to be hanged , to be beheaded should be the object of an affirmative or perceptive command of God. Why then is he offended vvith Lex Rex ? Why jeers he at that worthy Author , saying he thinks he speaks acutely ? is this to answere Lex Rex to jeer at what is there sayd , aud then be forced ( or speak non-sense ) to affirme the same thing that is there asserted ? But sayes he , Pag. 34. [ Subjection to the passion may fall under a command , and this is called passive obedience , which implyes more then meer passion or suffering ; even a disposition and motion of the heart to lye under that lot with an eye to God , whose ordinance is used upon the sufferer ; only it is called passive obedience , because as to the precise suffering the punishment , there is no external action done , enjoyned by the law or command of the Magistrate , as there is in active obedience , although there be some dispositive or preparatory actions in order to suffering ( not inferring a direct preparation to a mans owne suffering ) which he may and ought to do , as going to a gallowes on his owne feet , or up a ladder , or laying down his head on a block , that it may be strucken off . ] Answ . That subjection to the passion might fall under a command was granted in some cases by Lex Rex , as was said ; but that it falleth under a command when God openeth a faire door to eshew it , he is not able to prove . 2. Hovv proper it is to call that submission passive obedience , is not worth the while to enquire , Lex Rex tolde us ( and he cannot confute it ) that it was repugnantia in adjecto to call it obedience , since obedience properly so called , is relative essentially to a law : Now there is no moral law enjoyning this , for no man is formally a sinner against a moral law , because he suffereth not the evil of punishment , nor are these in hell formally obedient to a law , because they suffer against their will. 3. As for that disposition and motion of heart , which he speaketh of , that is nothing but what Lex Rex said viz. That modus rei the manner of suffering , was under a command , and indeed obedience to that was and is obedience to a moral law . But the Surveyer called it an errour to say that only the modus rei is commanded or forbidden , and why ? because ( sayes he , ) That same command that forbids resisting the Magistrate in doing his duty , enjoyneth submission and passive obedience to him , although we were able by force to deliver ourselves , out of his hand . ] Answ . Then by him , there is no medium betwixt this submission to passive obedience , and positive resistence : And so , either he must say that flying is resisting , ( which yet Pag. 41. he calleth a monster of a Stoical paradox ) or he must say , that flying and refuseing to submit to this passive obedience , is a submitting to this passive obedience : And whether this will not rather look like a monster of a Stöical paradox , let all men of common sense judge . 2. Is the guilty person bound by any moral law , to suffer death or whipping , if the Magistrate will not execute the sentence upon him ? Or is every one in that case bound to deliver up himself to the Magistrate , & accuse himself , and pursue the accusation until the sentence be executed ? If not , how doth this passive submission fall under a moral law ? If he say , when he is apprehended or in hands , he is not to resist , but submit to the stroke . Answer . 1. Will not any see , that then the res ipsa is not commanded , but the modus rei , and so Lex Rex said true , Pag. 318. That passive obedience to wicked Rulers was enjoyed Rom. 13. only in the manner , and upon supposition that we must be subject to them , and must suffer against our wills all the evil of punishment that they can inflict , Then we must suffer patiently . But 2. Though we be bound to submit to the Magistrate doing his duty , and inflicting just punishment , will it follow that therefore we are bound to submit to the Magistrate doing not his duty , but inflicting unjust punishment ? Or doth the same passive obedience to powers punishing unjustly fall under the moral law ? How doth he prove either the consequence or the consequent ? [ We assert ( sayes he Pag. 53. ) That a private person though wrongfully afflicted by the lawful Magistrate proceeding according to law , ( let it be so that it is lex malè posita or an evil law ) is hound not only to Christian patience in suffering — but unto a submission without repelling of violence by violence ; and that in conscientious respect to the ordinance of God , wherewith the lawful Magistrate is invested ( although abuseing it in this particular ) and with a tender regard to the prevention of seditions and confusions in humane societies . ] Ans . 1. This is dictator-like to prove the conclusion , by asserting it ; what a ridiculous fool is he to come with his assertions , and yet give us nothing but the very thing controverted ? Is not this a very hungry empty man , to beg ( when he cannot better do ) the very thing in quaestion ? 2. Then it seemeth , he will grant that a privat person may resist the lawful Magistrate , when proceeding contrary to law ; where is then the conscientious respect to the Ordinance of God , wherewith the lawful Magistrate is invested ; and that tender regaird to prevent sedition , &c. which he talketh of ? Sure in the one case , the Ordinance is but abused , as it is in the other . 3. Let me ask , if there were a just judge sitting , who would execute justice and judgement for God , and were summoning him to answere for his perjury , apostasy , and other villannies which he is conscious to himself of , and some others are privie to , and could witnesse against him ; would he compeare , or rather would he not run from under the reach of justice , and secure himself ? or if apprehended , would he not labour an escape to save his neck from the rope ? If so ( as all who know him will veryly belveeve he would ) where would then this submission be which is due unto the Magistrate ? And where would his conscientious respect to the Ordinance of God not abused , but very rightly used in that particular , be ? 4. If a Magistrate abuseing his power to the destruction of the Subjects , should be resisted , what inconvenience would follow thereupon ? [ Seditions ( sayes he ) and confusions would be unavoydable , if every one , as he thinks himself wronged , shall be allowed to use force upon the lawful Magistrate proceeding by law ; the greatest Malefactors being ready to justify themselves , and to violate the justest Megistrates in their just proceedings . ] Ausw . This is but the old song chanted over and over againe to us , and may therefore be dismissed with a word : viz. That as the Magistrat's abuse of his power in a particular , will not make the power it self unlawful ( as he will grant , ) so nor will the abuse of this resistence in a particular , make resistence it self unlawful . 2. We plead not for resistence by every one who thinketh himself wronged , but for resistence when the wrongs are manifest , notour , undenyable , ● grievous and intolerable , and done to a whole land , to God's glory , to Christ's interest , to a Covenant sworne and subscribed by all , to the Fundamental lawes of the land , to the compact betwixt King and Subject , to Religion , Lawes , Libertyes , Lives , and all which is dear to People . These wrongs as they are no petty injuries , so nor are they quaestionable or uncertane , but as manifest as the sun at the nonetide of the day . 3. What if the Magistrate or his Emissaryes proceed not according to law ? And what if the law , which they pretend , be no law de jure , or a law made a non habente potestatem ( as shall be manifest to be our case ) should there no resistence then be used but a stupid submission , out of a pretended and supposed regaird to the prevention of seditions and confusions ? 4. Since he thinks that so much regaird is to be had to the prevention of seditions and confusions in societies , sure he should think that as much regaird is to be had unto the prevention of the utter ruine & destruction of societies . Now , if magistrates abuseing their power to the destruction of Societyes , might not be resisted ; hovv shall they be preserved from utter ruine , vvhich is much more carefully to be prevented , then seditions and confusions in societies : And since he thinks , vvithout ground , that our doctrine is so evil and scandalous , and openeth a vvide gap for all vvicked seditious persones to vvork confusion in the Commonvvealth , and to overthrovv the best and justest Magistrates ; vve have just ground to think that his doctrine is not only evil and scandalous , but most perverse , vvicked and adhominable , opening a vvide door to all tyranny , oppression , cruelty ; and an encouraging of all vvicked Tyrants to deal vvith their Subjects as so many Brutes or vvorse , vvithout all fear of opposition ; and to destroy utterly all Commonvvealths , or make them meer prison-houses for slaves , &c. And , if this doctrine of his tend not more to libertinisme , then ours , let all judge . His last ground out of scripture is that knovvn passage Rom. 13 : ver . 1 , 2. vvith 1 Per. 2 : Ver. 11. ( I think it should have been ver . 13. ) Concerning vvhich , he sayes , [ Such subjection is there commanded to the Powers then existing or in being 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ( such as were Caligulae . Nero , Domitian , monstrou Tyrants . enemies aud persecuters of God's People ) as is opposed to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , to stand in order against them ( the word is from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , a military tearme ) every soul is commanded to be subject or to stand in order under them 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and for bidden to be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to stand in military order against them either defensive or offensive : By powers which are not to be resisted are clearly meant the persons in power , as the Apostle afterward extones himself v. 3 , 4. calling them Rulers , and Ministers of God , he meanes undoubtedly certane supposita and her sons invested with power , and cannot meane the abstract ordinance of God , &c. ] Answ . 1. That subjection here required is a standing in order under them , and is opposite to the resisting or contra-ordinatnesse here meaned , is granted ; For 1. vve do not say , that Christianity destroyeth Magistracy , or exempteth Christians from subjection unto Magistracy and Magistrates : As some Hereticks then did , abuseing their Christian liberty , to destroy Magistracy ; & as Heathens objected unto Christians ' as Gerhard de Magist . Polit. n. 34. thinketh , vvhich ( as some think ) vvas the occasion of Paul's asserting the ordinance of Magistracy . Nor 2. do vve say , That it is unlavvful for Christians to be subjects unto Heathen Magistrates , vvhich , because Christian Gentiles might have drunk in from some jevves , particularly the Gaulonites , vvho held it unlavvful to yeeld any subjection unto Roman Emperours , or to strangers , might have been the occasion of Paul's discourse of this Ordinance . And therefore to confute these mistakes , The Apostle sayes Let every soul be subject unto higher powers , &c. that is , acknowledge even such lavvful Magistrates , though they be heathens , and yee christians , vvhether jevves or gentiles , and think nor yourself exeemed from the duty of subjects tovvards such . So that this makes nothing against us , and the subjection here required , upon this account , is not the subjection novv in quaestion ; for a resisting of open and notour tyranny , othervvise unavoidable , doth vvell consist vvith this subjection , viz. an acknovvledgment of Magistrats as lavvful powers ordained of God , for the good of the Subjects . 2. The vvord subjection being thus taken in a general comprehensive sense , as containing in it all that duty which is required of Subjects tovvard their Superiours , The opposite tearme resistence , or counter-orderednesse must also be taken in a general comprehensive sense , as including all the contrary evils . Now , as obedience is a special poynt of subjection unto Superiours , So disobedience is a special poynt of contra ordinatnesse . But , as an universal and unlimited obedience , in all poynts , is not here required , so neither can an universal and unlimited subjection to suffering be here required : for as it can not be proved , that every act of disobedience is a resistence here condemned ; & that every act of obedience , is a part of the subjection here required ; So nor can it be proved , that every act of resisting or refuseing passive obedience is here condemned , and that every act of submitting to passive obedience is here commanded . But only that that obedience is commanded , which is due to Magistrates ; and that resistence vvhich is unlawful , & is opposite unto that subjection required , is prohibited . So that this place cannot prove that all resistence is unlawful ; because non-obedience is resistence , or a contraordinatnesse ; and yet all non-obedience is not here prohibited . Againe , the subjection comprehends that honour and respect , which is due unto Superiours , and which is both inward in the heart , minde and thought , and outwardly expressed in words , gestures , carriage , &c. So must the word resistence comprehend within it self , all that is opposite there unto . Now , as by this place , it cannot be evinced that it is unlawful to resist abused power , or persons abuseing their power to tyranny and oppression , in our thoughts , and by our words : for then it should be unlawful to abhore , & detest the oppression and tyranny of cruel tyrants ; or for the Messengers of the Lord to rebuke them for the same ; or for People to pray & supplicat to God against them , which is utterly absurd and false : So nor can it be evinced by this place , that it is unlavvful to resist such abuseing their povver , by bodyly force ; for the text speaketh no more against this , then against the other ; and yet the other is lavvful ; and therefore so may this be , for any thing that is here said : The one is resistence as vvel as the other , though not so great , but majus & minus non variant speciem . And therefore , if this text to not condemne all resistence , it cannot be evinced that it condemneth the resistence vvespeak of . 3. Not withstanding of the Resistence that here seemeth to be prohibited ; yet we know that the Senate not only resisted Nero , but proceeded against him by way of open justice , deposed him , and condemned him for tyranny , adjudging him to have his head fastned to a forke & so to be publickely whipped to death , and then precipitated from a rock , but he escaped & killed himself ( as historians say : ) and in this fact they are approved by learned politicians , and lawyers . See Bod in de Repub. lib. 2 : c. 5. So that either he must say that Nero was not the higher power , who might not be resisted , but that the Senate was above him ; or that such as justify the Senate are in an errour , and so he must condemne them for what they did , without any colour of reason . 4 , This text will no more plead against resisting of Superious powers , then against resisting of inferiour Magistrates : For the text speaks of all in any supereminency : It speaketh of powers in the plural number : see the dutch annot on the place : & Peter mentioneth inferiours as well as the Supreame . Now will the Surveyer say , that in no case , it is lawful to resist even by force , the inferiour Magistrates ? will he say that we may not oppose them when abuseing their power : And if he grant that in some cases , inferiour Magistrates may be resisted , he must also grant that this text doth not forbid or condemne all resistence to he higher power ; but only a resisting of legal and lavvful commands , whether by disobedience or by armes . 5. Though we cannot say , that the Apostle is speaking here always of the ordinance of Magistracy in the abstract , so as altogether to exclude the persons invested there with ; yet we think it hardly saife to say , that there is nothing here to be understood of the abstract office ; as when he speaketh of the original and rise of the office , and of the end and proper native effect thereof , it is more proper to understand that of the office in abstracto , then of the Supposita so invested . Next whatever is required here as due to the Supposita , it is upon the account of the office , with which they are invested , and in so far , aud no furder : And therefore though the office and ordinance cannot be resisted , yet the person who is there vvith invested , may be resisted , not as he is invested , but as he abuseth the povver , and so devesteth himself : for as he abuseth the power he cannot be looked on as invested there vvith , in so far ; especially if he abuse it in the maine and principal ends for vvhich it vvas appoynted : for then he is de jure and upon the matter utterly devested thereof . Furder whatever subjection is due to the person , it is upon the account of the office , which he beareth ; and no more subjection is due to him upon that account , then is due unto the office it self , or to the civil legal authority which is imported by the abstract word ( if so much , seing , a quo quidquam est tale , id ipsum est magis tale . ) Therefore the subjection vvhich is not due to the office , cannot be due to him : Novv subjection is due to the office as it is the office : And an abused office is not the office , Ergo that subjection is not required to the abused office which is due to the office . Ergo nor is it due to him vvho abuseth the office . The office vvill not vvarrand a subjection to that vvhich is not the office ; and an abused office is not the office . 6. The submission or subjection here required , is not unto Tyranny , or Tyrants vvho abuse their povver unto the destruction of the Commonvvealth , and to the ruine of the Subjects as such : For , such are not the ordinance of God ( nor ordained under God , but opposite to God ) unto which alone , the subjection here spoken of , is due . Gerhard de magist . polit . n. 54. Tels us that the apostle doth acurately distinguish betvvixt the povver , and the abuse of the povver ; and sayes the povver itself , and not the abuse of the povver is of God ; and also , that he distinguisheth betvvixt the office it self , & the person in office : the person oft by fraud , violence & falshood and other evil meanes , by cruelty & tyranny , both assumeth the place , & exerceth the office , & in this respect is not of God Hos . 8 : 4. 2. The resisting of Tyrants cannot procure damnation unto the resisters , because they have violated no command . 3. Such are not a terrour to evil works , therefore submission is not due unto them as such . 4. Such will not give praise to such as do vvell ; but that is the power vvhich is not to be resisted , of vvhich vve are to be afrayed , and of which vve shall have praise vvhile vve do that vvhich is good . 5. He is not to be resisted vvho is the Minister of God for good . But Tyrants , Neroes who vvished that all the Romans had but one Neck , that he might cut them all off at one blow , are not ministers of God , in so far , but ministers of Satan . 6. Such are not the revenger vvho beareth the sword to execute wrath upon him that doth evil , but rather imployeth the svvord to destroy such as do vvell , to subvert Lawes , Religion and all that is good : Therefore it is not of such as such , that the text speaketh , when it sayes we must yeeld Submission . 7. As it is not upon the account of their playing the tyrant , aud overturning Religion , Liberties & Subjects , that tribute is to be payed to them , so nor is subjection to be yeelded unto them , in all poynts , but as they are God's Ministers attending continually upon this very thing , to suppresse wickednesse , & promove godlinesse . 8. Nor is it upon any other account , that fear , honour , and custome is to be given unto them . And so the text considers these povvers , to vvhom subjeciton is due , not as Tyrants , or as abuseing their power to the ruine and destruction of all ; but as carrying themselves as the Ministers of God , for the ends appoynted , aud not as the Ministers and ordinance of Satan . Therefore not vvithstanding of any thing in this Text , such may be resisted , or rather their Tyranny may be resisted , which is not , nor never vvas ordained of God , and vvhich is diretly opposite unto , and no part of that povver ordained of God. And though Nero and some others vvere real Tyrants , yet neither doth the text name him , nor doth it presse subjection to tyranny in any , for lesse to his Tyranny ; but only subjection to the powers that are of God , & ordained of him , of which there might have been some vvho were not Tyrants , even when Nero was playing the Tyrant ; And it is as rational to understand the text of those , as of Nero or such like . However vve finde subjection is pressed to the povver vvhich is ordained of God , and that is not the power as it is abused . From all which it is cleare , that it is not the supposita , but supposita as such , which are not to be resisted , or such as carry in a due subordination unto God , seing all the Apostles arguments presse only subjection unto such , and not unto Tyrants , who are a terrour to good works , and a praise to such as do evil and not the ministers of God , nor revengers to execute wrath upon such as do evil , but rather on such as do good neither do they attend upon this thing whereof the Apostle speaketh , and are so far from being the ordinance of God , that they are resisters Themselves of Gods ordinance , by making lawes contrary to God's lavv , and punishing such as observe God's lavv . It cannot therefore be more sinful to resist such , then to resist a deputy persecuting such as keep the King's lavves , and making lavves of his owne directly contrarie to the King's lavves ; for he is the Rebel and the resister of God's ordinance , and not they vvho are faithful to their Soveraigne . To this he maketh some reply Pag. 37. and [ ( sayes ) It hath been often granted , and still is , that no man or Magistrate on earth , hath a moral power , commission or command from God to do evil , or to afflict any unjustly , 2. The question is not concerning the Magistrat's duty , but anent the Subject's duty , in case through the permission of divine providence , the Magistrate abuse his place and power , in unjust afflicting the innocent ; whether the private Subject may use violence against , or upon the Magistrate , or should rather submit to suffering , ( though unjustly ) not for reverence to the abuse of the power , but in reverence to God , whose ordinance the power ( which he abuseth ) is ] Answ . 1. If Magistrates have no moral power , commission , or command to do evil , The resisting of that evil is no resisting of any moral power from , or commission given by God ; as , if they have no power to command evil or sin , resisting of that command by non-obedience , is no resisting of their power or commission . 2. Though the question should not be concerning the Magistrate's duty , yet we are to enquire , what that power is , against which , Subjects may use no violence . 3. If Subjects be bound not to use violence , but rather submit to suffering when the power is abused , not for reverence to the abuse of the power , but in reverence to God , whose power it is : Why shall they not also be bound , rather to yeeld obedience to , then to resist by non-obedience , unlavvful commands , though not for reverence to the abuse of the power , yet in reverence to God , whose ordinance the power which is abused , is ; as he sayes ? Sure the text here maketh no difference , and if there be any difference he must prove it from some other text , which we have not yet seen , nor expect to see in haste . 4. We have shewed already , that , he sayes without ground , that the abused power is of God , or his ordinance . But there after , sayes he , [ And although the spirit of God in describing the Magistrate sayes , he is the minister of God &c. It is not meant that that is the formal reason of subjection to him , ( in the full latitude of subjection ) nor that the Magistrates then existing and in being , to whom the people are commanded to be subject , and forbidden to resist , were such de facto in all their actings — but what the Magistrate is ex officio , and what he should be de jure . ] Answ . 1. He seemeth to distinguish here betwixt a subjection in it's full latitude , and a subjection not in it's full latitude ; but how doth he explaine this distinction , that we may know what to make of it ? He seemeth also to grant that some subjection , though not subjection in its full latitude , hath that description of the power , for it 's formalis ratio , formal reason : But what can his meaning be , seing the text maketh no difference ? Is this his meaning , that subjection active , or active obedience hath that for it 's formal reason , so that the subject is to obey no power , but that which is for a praise of the good , and a terrour to the evil &c. But subjection passive or passive obedience goeth upon another ground , and must be yeelded to a Magistrate even when he is not a minister of God for good ? If this be his meaning ; it is but a shameful begging of the question : and if he grant , that any subjection is due to the Magistrate , only as he is a minister of God , we are gainers ; for he can never prove the other from this text ; and subjection here is considered & pressed in its full latitude ; and these are laid dovvne as the grounds thereof . This vve may saifly averre , until he demonstrate the contrare , which we despaire to see done ; especially seing the text fully cleareth the same : For as subjection in its full latitude is pressed , so all the Apostle's arguments , & motives , speak to it in its full latitude : There is no power but from God , presseth whole subjection ; because the whole power is from God , & not a part of it alone : & therefore it must speak to all the relative parts of subjection . So the other argument . v. 3 ; taken from the end of Magistracy , speaketh to the whole of submission in its full latitude : & also the other argument take from the nature of his office : and so the rest . So that all the motives or grounds of subjection , which are here made use of , speak to all the parts of subjection : And therefore if they be the formal reason of one part thereof , they must be the formal reason of the whole . 2. We do not say , that all the Magistrates then existing were de facto such as they were bound to be de jure ( nor can we say that they were all like Nero or Caligula ) nor dar he say that subjection in its full latitude , as comprehending as well active as passive obedience , commonly so called , was to be given to Nero and his like , or was here commanded to be given : and what hath he then gained ? But it is like all alongs he taketh subjection for passive obedience . But 1. can that be subjection in its full latitude ? 2. Was that the maine thing controverted then ? 3. Doth the motives speak to that alone ? 4. How will he prove that passive obedience is here spoken to at all ; since all the particulars mentioned are actions , and dutyes of action ? What sayes he further ? Pag. 32. [ The Apostle speaking of the person invested with power , calling him the Minister of God for good , no terrour to good works , but to evil , a praiser of good , &c. shews only what a Magistrate should be ex officio and is de jure ; but layes not this as the ground of subjection and non-resistence to him but this , that he is a superiour power ordained of God : if he abuse his place , he is to answere to God for it , but the abuse of the power in a particular , doth not nullify the power , or make it no power — he abides invested with authority — subjection of one sort or another is due to him , because he is in officio , not because he abuseth his office . ] Answ . The Surveyer giveth us here a new Analysis of the text , that no commentator hath hither to thought upon : no motive , according to him , is here made use of , except one , and yet none can reade the place , but they will finde it otherwayes : Sure the causal for , ver . 3 , and 4. is as clear a ground of a motive as the for v. 1 , 2. By his way all the rest of the arguments used ver . 3 , 4. have no influence on the subjection and non-resistence pressed ; and yet the text giveth this reason why such as resist the power receive to themselves damnation viz. for Rulers are not a terrour to good works but to the evil , &c. and this , with what followeth hath no small force to presse submission , and non-resistence . 3. It is true if he abuse his place , he must answere to God for it , but that will no more prove that passive subjection , or obedience ( as he calleth it ) is alwayes due to him , then it will prove that active obedience is alwayes due unto him . 4. We grant that the abuse of the power in a particular doth not nullifie the power ; Yet , when the abuse is such , as destroyes the maine ends of the power , sure if it be not wholly , it is in a great part , nullified de lure . But whether the power be nullified or not wholly , it may be resisted in case of necessity , when it is palpably abused : For then the power which is of God , is not resisted : But only the abuse of the power , or that which is not the power ordained of God. 5. Subjection , it is true , of one sort or another is due to him because he is in officio , and therefore so long as he is in officio , he is to be acknowledge to be in officio , and to be obeyed in things lawful : Honour , reverence , tribute , and custome is due to him , and , in matters of smaller moment , his penaltyes are to be endured , when there is no faire way to shun them : But hence it will not follovv , that he must never be resisted , even when he intends nothing but the destruction of Libertyes and Religion ; and overturneth the ends of government , and crosseth the maine and principal ends of his office and power . Then he tells us ibid. [ That among many things wrong Lex Rex hath that true word Pag. 325. We are to suffer evil of punishment of Tyrants , some other way , and in some other notion , then we are to suffer evil of equals ; for we are to suffer evil of equals , not for any paternal authority they have over us , as certanely we are to suffer evil of Superiours Thus he . And this is all we require to suffer evil of the Magistrate or superiour , without violating his person , upon the account of his paternal authority , which ( though in a particular abused hic & nunc ) remaines the ordinance of God : and in a respective reverence to that ordinance wherewith they are invested , we are humbly to suffer wrong from them ( if we cannot by petitions move their for bearance ) neither justifying in our consciences the wrong which they do to us , nor judging them to have a commission from God , as to this wrong doing , but regarding both God's providence , and God's ordinance in their persones which ceaseth not to be his , although abused in a particular act towards us . ] Answ . 1. It is strange hovv this corrupt fountaine , as he calleth it else vvhere , Lex Rex can send out good and svveet vvaters ? 2. Lex Rex is there ansvvering this quaestion : whether any passive subjection at all be commanded as due to superiours , Rom. 13. And ansvvereth . [ 1. None properly so called , that is purely passive , only we are for fear of the sword , to do our duty . 2. We are to suffer ill of punishment of Tyrants , ex Hypothesi that they inflict that ill on us , some other way , &c. ] Novv vvhat it there here that makes for him ? Sayeth Lex Rex that vve are to suffer absolutely all the evil of punishment , vvhich they vvould inflict upon us ? No such thing sayeth he . 3. If he seek no more then vvhat Lex Rex sayeth here , vve are agreed ; but sure he must then recal vvhat he hath formerly said . 4. Ay , but sayeth he , this is all we require , to suffer evil of the Magistrate , without violating his person , upon the account of his paternal authority : But 1. there is a difference betwixt suffering evil indefinitly and absolutely , and suffering evil ex Hypothesi that it be inflicted : Lex Rex said this last , and not the former . 2. We may refuse to suffer evil of the Magistrate without violating his person : every resistance of unjust violence offered by Magistrates , is not a violating of his person , nor necessarily accompanyed therewith ; for the violence resisted , may be , and oft is , committed by his Emissaries . 3. Though we are bound to suffer ( ex Hypothesi that we do suffer ) of Tytants upon the account of a paternal authority ; yet it will not follow that such may not be resisted ; for though the Son is to suffer evils at the hands of his father , when he inflicts these , upon a paternal account ; yet in some cases , the parent may be resisted , even by the Children , as is said . 4. No respective reverence to the ordinance doth absolutely bind us to suffer ; for he will grant we may flee ; and here he sayeth , we may by petitions move a forbearance . 5. What if the evil be great and imminent , and flying is not practicable , and not only there is no moving of forbearance by petitions , but very supplicating is discharged under highest paine ? Are we then humbly to suffer that wrong , and so give up all our Necks , our Liberties , and our Religion to the lust of a Tyrant , without any resistance ? This is the quaestion , and we are waiting for proof of it . 6. It is true when providence so ordereth matters , that we cannot shun suffering , then we are to regaird both God's providence , and respect that ordinance which is abused , and so suffer such evils of these , under another notion , then of equals ; and yet it will not hence follow that we are absolutely bound to suffer , and never allowed to resist . Thus we see in end , ( which I would have the reader specially to notice ) that he cannot urge this place against us ; but he must the same way hence enforce an absolute and universal obedience in all things whatsomever ; and also condemne other Royalists , and it may be himself also ; Who , as we heard above , did grant it lawful , in several cases , to resist Tyrants . Yea and condemne that which formerly he durst not positively condemne , viz. resistence by the Parliaments and primores Regni , and thus also condemne Calvin , and other divines , granting , and positively affirming this : all which , though we had said no more , is enough to cut the sinew of any argument which he hath adduced , or yet can adduce from this passage ; and so we passe to examine his other grounds for absolute submission . CAP. XIV . The Surveyers grounds for absolute Submission to suffering , taken from the primitive Christians , and reason , examined . Our Surveyer , cometh next to speak of the example of the primitive Christians Pag. 38. &c. and this he must usher in with his ordinaire jeers , and ground lesse reflections , telling us that His opinion hath been the common sense of the generation of God's children before this fiery yron age ; and that their sober examples , are of more weight and imitation , then the furious practices of any of late , whereunto they have been inflamed by the doctrines of popular parasites and fierce demagoges , such as this libeller and his complices . But we have found , & possibly may yet finde further , how far he is mistaken in this . And in deed in some respect , this may be well called a fiery iron age ; for I beleeve since Christianity was heard of , there was never so much obduration of consciences , so seared with hote irons , and inflammed with rage against piety , fidelity , truth and uprightnesse of heart , as is this day : It were well to be wished hat this Surveyer and his complices would take either the example of the Prophets , or Apostles , or of these sober Christians , who lived nearest to the light of the Apostles times , and learne after their example to be more sober , and constant to his principles ; sure he will not finde in their practices , so much perfidy , treachery , debauchednesse , hatred of piety , persecution of truth , and of the godly , as both he and his complices are notoriously guilty of . Will he find among them such court parasites , such patrons of Apostafy , such authors of rebellion against God , such Tyrannogogues , and base flatterers , as he and his fraternity are ? Will he finde in all their writings such bitter invectives and reproaches against the vvay of God , and his People , as may be seen in these fevv sheets ? Will he find such commendations of tyranny , oppression , bondage and siavery , as if it vvere nothing but the compound of justice and equity ? But vve come to the purpose . The summe of his argument is this , That though by the testimony of Tertul. Apolog. cap , 1. 33. and 37 , and Cyprian . ad Demetrianum . It is apparent , the Christians wanted not might to raise armes , against the Emperours ; yet they never used any resistence either for the defence of themselves , or for therescueing of their oppressed brethren : Yea even after that in Constantin's dayes , Religion had been legally established , and the Christians able enough to defend themselves , yet they used no violence agaist the Arrian and Apostat Emperours who succeeded : Vnder the persecuter Maximinian there was the Theban Legion consisting of 6666. who yet did not resist him : and that the greatest part of the army , under Julian the Apostate , was Christian , appears by their general outcry at the reception of Jovinian , nos sumus Christiani , yet did they never oppose him width force . ] To which we answere . 1. Though this Surveyer would appear tobe a man of a very meek and Christian disposition , and cryeth out of such as are not of his opinion , as men of the fiery iron age ; yet , though we will not take upon us to judge his heart , any may see part of his scope and intention , in mentioning this argument , to be this , That we may be reasoned into a perfect stupidity and insensibility , and the King encouraged to contrive and prosecute an Eleventh persecutoion , on all who professe the Name of Jesus , in his three dominions : For what end else doth he adduce the example of the primitive Christians , who would not resist the Emperours their bloody Emissaries , sent out to put into execution their cruel , inhumane and barbarous Edicts , and to fulfil their lust and desire , to extinguish the very Name of Christians ; but to sing us a sleep , so that if the King will , the may command his bloody and cruel Emissaries , to make amassacre on all that will no abjure Christ and his interest , and cut all their throats in a few dayes , without the least fear of opposition ? If this be not his designe , let him tell me , what he would have Christians doing , in case such a thing as this should be ? Would he have them resisting , or only holding up their throats to the bloody executioners ? If he would not have any resistence made , even in this case , then we see what his principles drive at , and many may judge what a cruel bloody heart he must have . If in this case he would allow a resistence , where is the force of his argument then ? To what purpose is their example adduced ? and what becometh of his insolent exclamations . O silly , foolish , and feminine Christians then ! and o illuminated , masculous and martial Spirits of Christians now ! 2. He may remember what he tels us , when he is speaking to the instances of resistence adduced out of Scripture , Pag. 67. That every example recorded in Scripture is not imitable : And may not we say here , That every example recorded in Church History ( far more fallible then Scripture , and far lesse to be regairded , seing what things are recorded in Scripture , are writen for our instruction ) is not imitable . So that reduce this argument into forme , it will quickly evanish ; for it must stand upon this medium . That what ever the primitive Christians did , layeth a binding obligation upon us ; But this is false , as we shall undenyably evince ; and where is then the force of the argument ? Though it appear plausible and taking , yet when pressed it doth evaporat . 3. If their practice be a binding precedent in this matter ; so must it be in all other things : and particularly it must be unlawful for us now to resist , in our owne defence , a raseal multitude , assaulting us with stones in the open streets , against all law and equity ; for Tertullian in the same place tells us , that they would not resist the Inimicum vulgus the common people , who was malitiously set against them , and did invade them with stones and fire , suo jure with out any kinde of law or judicial procedoure : Yea Tertullian puts no difference betwixt the Emperours and meane persons , in poynt of resistence ; Saying , Idem sumus Imperatoribus , qui & vicinis nostris , malè enim velle , malè facere , malè dicere , malè cogitare de quoquam ex aequo vetamur . Quodcunque non licèt in Imperatorem , id nec in quenquam , we may do no more , whether in word , thought , or deed against any whatsomever , then against the Emperour . But who will say that in this , their practice or judgment is to us a binding precedent ? 2. Several of these Fathers thought it unlawful to kill in their owne defence . See A 〈◊〉 bros . de Offic. Lib. 3. cap. 4. and Augustin also Epistola ad publicolam , 154. and Lib. 1. de Libero Arbitr . cap. 5. And yet this cannot now be maintained as a truth ; See the contrare proved by Rivet . in 6. Praec . oper . Tom. 1. Pag. 1391. 3. Private Christians , not only refused to resist violence with violence , but they refused also to flee from the fury of persecuters , when they might saifly have done it , Potuimus ( sayes Tertull . in Apolog. ) & inermes nec rebelles , sed tantummodo discordes soltus divortii invidia adversus vos dimicasse , &c. That is , naked as they were , they might have removed themselves to some other part of the world , and they would not . Yea Tertullian did condemne flight in time of persecution , in his Book De fugâ in persecutione . But will any condemne this practice now , or think it unlawful , or unbeseeming Christians to flee from the fury of enraged persecuters ? Sure this Surveyer doth often grant it to be lawful . It seemeth then that either he hath catched some errour in his head , that is not Christian ( as he speaks of us , Pag. 39. ) or all which the primitive Christians maintained in opinion and practice , was not so Christian as to be perpetually obligeing . 4. The primitive Christians ran to martydome , when neither cited , nor accused , as is seen in Fox his Acts and Monum . Vol. 1. Will any say that Every Christian is bound and obliged to do so now ? How then shall their meer example be obligeing in the other practice ? 5. The primitive Christians would not bow their knees upon the Sabbath Dayes nor eat blood . Must that example of theirs perpetually oblige us now ? 6. Yea it was the opinion of Ambrose , Libr. 5. Orat. in Auxenti●● , that no armes should be used by him against the Goths who then invaded Italy , to waste and destroy the same , but teares : will it hence follow , That a Church-man may defend himself against open invading enemies , no other way now , but by teares ; because he said , Aliter nec debeo , nec possum resis●ere ? 4. The Anabaptists make use of this example of the primitive Christians to disprove the lawfulnesse of warr , as may 〈◊〉 seen in Gerhard upon that head : and would this Surveyer have us yet more Anabaptists , then he ( wickedly and falsly ) alledgeth we are , in his bitter preface ? It seemes he would joyne hands vvith the Anabaptists as to this , and upon that accountvve have as good ground to call him an Anabaptist , as he hath to call us , Iam sumus ergo pares . 5. He cannot shevv us , that these Fathers did account it unlavvful , simply in poynt of conscience , to resist Emperours vvickedly persecuting : They hold forth no scriptural ground condemning the same , but rather seeme to say that it was out of a desire of Martyrdome , which ( as Sulpitius Sever us sayeth ) they sought for more earnestly , then in his dayes men gaped for Bishopricks ; & therefore they willingly yeelded up their lives and all , to the cruel rage of persecuters , that they might obtaine the crowne of Martyrdome , It is true , Tertullian sayes , Apud istam disciplinam magis occidi licet quam occidere . But this sayes not that it is simply sinful t kill in self-defence : but that they choosed rather to be killed or martyred . 6 , Though we shall not goe about to call in question the truth of Tercullian's narration concerning the number & power of Christians in his time ( and yet Mr Goodwin in his Antica●valierisme makeyth it very probable that he vvas mistaken in his computation , if he did meane it through the vvhole Empirre . Or that if it vvas so , it vvas not knovvn to the Christians , and so it vvas all one , as to resisting upon that ground . ) Yet vve may say , That there might have been many things , vvhich in prudence might have made them to forbeare to goe to an open vvar , or rise in armes against the Emperours , even this , that the Emperours alvvayes had a greart militia , many and strong armies on foot , against vvhich , for naked persons ( though many ) scattered up and dovvne the Empire , having fevv or none to command or lead them forth to battel in their defence , to rise in this case , had been no probable meane of saifty to themselves , or of defence ; but rather a meane to provoke the Tyrant more , and procure unto themselves more suddaine deathe and destruction . So that not withstanding of their number , their capacity to effectuat such an interprise , vvas but small and very improbable . 7. The ancient Christians vvere not so utterly ignorant , nor so void of humanity and Christian love and Zeal , that being able to help , they vvould suffer their brethren to be dravvne to death ; what ever this Surveyer sayeth : but some times they rescued the oppressed out of the hands of the oppressours : For vve read that about the yeer 235. certane men inhabiteing Ma●ëota vvith force resued Dion●sius of Alexandria out of the hands of such as were carrying him away . So about the year 342. the good People of Alexandria did vvith force , defend Athanasius . About the yeer 387. the People of Caesaria did defend Basil : See Nazianz Orat. 20. And also the People of Samosata purposed to retaine their Bishop Eusebius Pius banished at the command of Valens the Emperour , had not Eusebius himself restrained them . And about the year 356. the People of Constantinople did in like manner stand to the defence of Paulus : see for this Blondel's Scholia in Grot. de Imp Sum. Pot. Pag. 65. 8. Before Constantin's dayes , none of the Emperours owned or professed the Christian faith , so that religion was not then established by lawes , as our Religion is : and therefore all that Tertullian or Cyprian say , cometh not home to our case : Yea Tertullian sayeth they were but a number of strangers , exteri sumus , sayes he , & vestra omn●o implevimus . 9. Though it is true that when Conflantine obtained the Empire , Christian Religion was more secured and established then formerly , yet did not the succeeding Emperours when they came to the throne , sweare to maintaine the same , and all who owned it ; they did not receive the imperial crowne on these tearmes ; nor were the subjects bound unto them on these conditions ; and so the instances adduced after Constantin's dayes , sute not our case , wherein Religion is become not only a legal right of the People , but a fundamental right , and the maine clause and condition of the compact betwixt Magistrate and Subject , as hath been said . 10. As for the Christians not resisting the Arrian Emperours , it speaks nothing : For , that controversy was long under debate , even in Constantin's dayes , and decreased nothing , for all the sentence of the Nicene Councel , which passed against it ; and hereby Bishop was against Bishop , Province against Province , Council against Council , and at length all the world almost was turned Arrian . What wonder then that there was no general opposition made against these Arrian Emperours , when their Subjects imbraced the same delusion ? And as for particular oppositions , we shall see some instances afterward . 11. As for the Theban Legion , their non-resistence speaks nothing to our case , for then Religion was not setled by law . 2. For six thousand , six hundered , sixty six men to interpise a warre against the Emperour and al his army , had neither been an act of prudence nor policy . 3. When he tells us that they offered themselves willingly to be butchered , holding up their naked bodyes to the Emperour 's bloody emissaryes , we see what he would have all the honest People of Scotland doing this day , even going with ropes about their necks , and with open brests , to the Kings bloody Emissaryes , that they may murther them all . O But this man must have a blood-thirsty heart . ! 12. That all or ●he most part of Iulian's army was Christian is but supposed not proved ; It was but a small part that being deceived by him under colour of a largesse , threw some frankincense into a fire secretly kindled in honour of an idol , and finding the deceit arose from the feast prepared for them , and ran thorow the market place , and cryed we are Christians , &c. and called upon the Emperour to kil and behead them , till he was enraged and banished them . And as for that proof of it , that he adduceth , it is a non-sequitur : for it was the souldeours affection to Iovinian , and earnest desire to have him Emperour , after Iulian's death , that made them cry our we are Christians , when he was refuseing to accept of the imperial dignity ( for they compelled him , seyeth Socrates Lib. 2. Cap. 19. ) and for this cause to dissuade them from putting that honour on him , Or because of his owne unwillingnesse to command over Iulian's army , which was Prophaned with sacrileges , as Ruffinus sayeth in his history Lib. 11 : Cap. 1. He told them he was a Christian , and that he would not take on him the command of Heathens . See Historia tripartitae Lib. 7. Cap. 1. and so supposed them to be all heathens : And therefore the sense of their speach was only this : Since yee are a Christian we will be all Christians also , take you the imperial throne notwithstanding of that . Moreover , though the souldiers in Iulian's army should have scrupled at making resistence against their Emperour and General , unto whom they were sworne as souldiers , it speaketh little to the poynt ; for subjects are not so under their Soveraignes , as Souldiers are under their Commanders and Generalls , they are under the General 's pay , and so his servants , and are hired for his behoove , but the King doth not hire Subjects , nor are they his servants and under his pay , and he stands otherwise obliged unto them , then the Emperour did to his souldiers : finally Nazianzen in his Orat. 2. in Iulianum seemeth to say that the reason why Iulian the Apostate was not opposed , was , because they were not able For , sayes he , Nos autem quibus nulla alia arma , nec Praesidia , praeter spem in Deum reliqua erant , ut pote omni humano subsidio prorsus destitutis & spoliatis , quem tandem alium aut precum auditorem , aut inimicorum depulsorem habituri eramus quàm Deum Iacob , &c. i. e. what could we do , but betake ourselves to the God of Jacab , since we had no other armes , nor walls , nor strengthes , being destitute and spoiled of all humane help : Sure this will not say much against us , nor for our Surveyer ▪ Yea he hinteth in his first oration in Iulianum , That for fear of resistence & of crossing his end , the Apostate Iulian would not make open war at first upon the Christians , [ Nos enim ( sayes he ) si vis inferatur , acriores obstinatioresque futuros , ac Tyrannidi obnixum pietatis Tuendae studium objecturos cogitavit : solent enim fortes & generosi animi et qui vim afferre parat contumaciter obsistere , non secus ac flamma , quae a vento excitatur quo vehementius perflatur , eò vehementius accenditur . i.e. [ If he had used violence , he knew he had found us more peremptory and refractary , and ready to have opposed to his tyranny a fixed purpose and endeavour to preserve our Religion ; for stout and generous spirits use to resist with greater violence such as violently assault them , as a fire blown at by winde , the more the winde beat● upon it , the more it burneth . ] Which she wes clearly that if that Apostate had used force at first , he had met with opposition ; and therefore he thought it fittest by policy to weaken them , disarme them , and subdue them , and then fall on them with force , and persecute them . 13 If we shall adduce some instances of the primitive Christians defending themselves and their Religion by force , against the Emperours Emissaries , whither will our Surveyer then send his soul ? while he looked upon them as altogether free of any such charge , he cryed out Balaam-like anima mea sit cum animabus veterum Christianorum but ere it come there , he must repent of what he hath done and said : But if their practice was suteable to ours , what will he then do with his soul ? for he vvill not have it with the late Christians , nor can he now have it with the old Christians , and so it must goe to a distinct place ; and so it will , if he repent not . But to our purpose . 1. Blondel , in the forcited place , tels us , that about the year 310. The Armenians waged warre against Maximius , who was come against them with an army , because of their Religion , and defate him . 2. S●crates in his Ecclesiastick history lib. 2. c. 30 , ( after the English translation ) tels us [ That by the command of the Emperour , and cruelty of Macedonius , it was proclamed that the Churches of such as imbraced the creed , containing the clause of one substance , should be thrown down even to the fundations , — as soon as the commissioners for suppressing the churches had given the onset , immediatly a great number of Novatians , and diverse others , which maintained the doctrine of one substance pulled downe that Church , removed it to another place , and there erected it againe — againe Macedonius ( like the prelate of Galloway ) understanding that there were many both at Pophlagonia , and at Mantinium of the Novation opinion which could by no meanes be commodiously removed by Ecclesiastical authority , procured that foure bands of souldiers at the Emperours commandement should be sent to Paphlagonia , to the end the inhabitants might be terrified and thereby brought to imbrace the Arian haeresie . But such as inhabited Mantinium being kindled with an earnest Zeal towards Christian Religion , went against the souldiers vvith chearful mindes , and valient courage , after they had mustered together a great hoast , they all marched forward to battel , some had taken in their hand long hedging bils , some had axes , some other met by chance with rusty armour ; when they joyned together and came to handigriping , many of the Paphlagonians were beaten downe , the souldiers ( few only excepted ) vvere slaine every one . ] Moreover he tels us in the same place , when this Macedonius was about to destroy the temple in which Constantine lay buryed , and had a purpose to translate the Emperours bones , the people vvithstood his interprize , and vvhen he gote the bones carryed into the Church vvhere Acacius the Martyr was buryed , the multitude of the contrary side ran thither in haste ; and this occasioned a very great slaughter , so that the Church , & the porch , unto the street , was runing with blood , & full of dead bodyes : & for this Macedonius gote little thanks of the Emperour . 3. in Hisioria tripartita Lib. 11. c. 15. It is told us , How the Christians oppressed by Barabanes or Baratanes King of Persia , did flee to the Romans to seek their help ; upon which and some other causes a war arose betwixt the Romans and the said King. It is true they made not head against the King while they remained in his countrey , because they were not able ; otherwise they had not run to the Romans for help . Our Surveyer cannot deny that they sought the Emperour's help , but he saves , This will not necessarily Import that they stirred them up to invade their King in their behalf , but that having come to them , they might have the help and benefite of their protection . But vvhether they stirred up the Emp●rour or not , is not much to the matter , seing they came as suppliants and ( as Socrat. sayes Lib. 7. Cap. 18. ) craved that they vvould pity their case , and not suffer them to be so oppressed ; and the Emperour made this one cause of the vvar , vvhich he undertook against him ; and vvas one of the causes ( as the historie tells us ) that made the Romans angry with them : and vvhen the Persian King demanded back his fugitives , it vvas ansvvered , they vvould not do that , yea and that not only they vvould endeavour to set the suppliants at freedome , and deliver them from their oppressours ; but also that they vvould undergoe any thing for the good of the Christian Religion and ( as socrat sayeth lib. 7. c. 18. ) they purposed not only to aide them , but also with all might possible , generally to maintaine the quarrel in the behalf of Christian Religion . Againe our Surveyer tels us , that the Persian Kings had once submitted to the Romans . Which whether true or false , is not mentioned in all this history , either as the ground moving the oppressed Christians to flee to the Emperour Theodosius for help , or moving Theodosius to wage vvarre against them . And so by this example of theirs , we see that oppressed subjects may run and seek releef from strangers , when they cannot help themselves . Thus we see this Surveyer's argument is many wayes weak , and against himself . Moreover , 4. When Athanasius was forced to flee out of Alexandria , and Gregorius was brought thither with armed souldiers , and put in possession of the Church , the Citizens of Alexandria , not withstanding of Syrianus the captane under the Emperour his being there with five thousand armed men , were so displeased with what was done , that they set St. Denis Church on fire See Socrat. Hist . Eccles , Lib. 2. Cap. 8. Or , cap. 11. after the greek copy . 5. When the honest People at Constantinople had chosen Paulus to be their Bishop after the death of Eusebius , the Emperour Constantius sent Hermogenes the captaine to thrust Paulus out of the Church , and when he came to execute his commission with force , the People prepared themselves to aide their Bishop , forced the house where Hermogenes was , and pulled him out by the eares and killed him : See Socrat. Lib. 2. Cap. 10. 6. When Paulus was againe placed in Constantinople the Emperour sends Philip the president to remove him , and to appoynt Macedonius the Arian , in his stead . But Philip was so affrayed of the People that he went straight unto the publick bath called Zenxippus , and sends for Paulus , and being in fear of the multitude , who being suspicious flocked thither , conveyes him secretly out a back window : Then he and Macedonius went unto the Church , and were guarded all alongs by souldiers with naked swords , and when they came to the door , the throng was such that they could not enter , till there were some thousands Killed . If Philp the Emperours Lievtenant had not been afraid of the People ; he had not done as he did . So for fear of the People the Lieutenant of Valens the Emperour durst not execute these fowrscore priests , who had come 〈◊〉 supplicate the Emperour in name of all the rest in Nicomedia , and were commanded to be killed by the Emperour ; See Socrat. Lib , 4. Cap. 13. all which sayes it was no rare thing for People to resist even with force the Emperours Emissaries sent to execute his unjust decrees . 7. Socrates tells us Hist . Eccles . Lib. 7. Cap. 14. hovv divers Monks inhabiting mont Nitria , espoused Cyril's quarrel , and coming to Alexandria assaulted the Lieutenant in his Chariot with stones , so that his guaird was forced to flee away . 8. About the year 404. when the Emperour had banished Chrisostome , the People flocked together about the palace , so that the Emperour was necessitated to call him back againe from his exile , See Hist , Tripare , Lib. 10. Cap. 13. 9. When Ambrose was banished by Valentinian the Emperour , at the instigation of his Mother Iustina , the People did resist such as came to carry him away , such was their Zeal for the truth , and love to their injured Bishop : see Hist . Tripart . Lib. 9. Cap. 20. and they would rather lose their lives , as suffer their pastor to be taken away by the souldiers , that were sent to pull him out of the Church , and thurst him away by force . See Ruffini Histor . Lib. 11. c. 15. Now let the Surveyer tels us what he thinks of their practice ? And if he think their practice any other commentary to Rom. 13. then our glosses ; and if it be any thing different from our practice , in these dregs of time , as he loveth to speak ? We proceed now unto his Reasons , which are but the same things we have heard formerly . The summe of the first is this . [ That doctrine cannot be of God , which to the eye of sound reason , doth unavoidably ( if practised ) overthrow God's order for setling Societyes , and open a gap to perpetual seditions against Magistrates , — and will please wicked malefactors well , being a proclamatoin to them , when condemned , to violent the Magistrate — for the matter is referred to each particular person to judge of his owne suffering , and his discretive judgement must determine him to resist . ] Answ . Here is a heap of words , but no sinewes of an argument , This man is good at catching poor simple ones that cannot discerne his tallacies : But such as are wise will smile at his confidence in reasoning after this manner : For. 1. His doctrine , not ours , overthroweth God's order : It is God's order that Commonwealths be preserved from ruine and destruction ; that Magistrates should lay out themselves , and all their power for the good of the Realme over which they are ; for as Ciecro sayeth eo referenda sunt omnia its qui praesunt ali●s , ut ●i qui erunt eorum in imperio sint quam beatissimi , and elsewhere ut gubernatori cursus secundus , medico salus , imperatori victoria , sic moderatori , Reipublica beata Civium vita proposita est . But by his doctrine , if the Soveraigne will ( and how mutable and inclineable to tyranny the will of Princes is , all ages hath witnessed ) The Commonwealth is remedylesty gone ; if he will destroy the same , there is no help ; if he turne Tyrant ( and one wreatched Counseller may in a short time by asse a Prince , that is not otherwise wel balasted , to this ) ruine is unavoydable . But by our doctrine , there is a remedy to preserve the commonwealth from ruine ; & more regaird is to be had to this , which is the end , then to the Prince who as such , is but a medium to this end ▪ 2. Such as plead for the good of humane Societyes , should as much labour to prevent the utter overturning of the same , as to prevent seditions : Good phisitians will labour more carefully to prevent death , then to prevent a little distemper or sicknesse ; yea and will cause a distemper to prevent destruction : but this montebank , if he procure with his prescriptions present ease , careth not though the patient die the next day . But 3. How doth our doctrine open a perpetual gap to seditions ? Because ( sayes he ) by our way every private person is made judge not only his owne actions , but of his sufferings , and he must suffer no more then he thinks meet . But 1. would he have all the Subjects becomeing more senselesse and stupide then beasts ? Would he have them casting away their soul & judgment , that they should have no more use of their reason , to judge what either is commanded or imposed by penalty ? If he grant a judgement of discretion in actings , how will he salve the Magistrat's credite and honour , and prevent rebellion and sedition , if there be such a necessary connexion betwixt the exercise of this judgement and the consequent he dreameth of ? For disobedience is a resistence , as well as non-submission to the punishment . 2. Though we allow to every one a judgement of discretion , yet we allow no man's judgement to be the rule of his walking : We say not that an erring judgment is a rule to walk by , and therefore we say that a subject is bound to obey the Magistrates lawful commands , though he in his private judgement should account them sinful ; so we say he is bound to submit to punishment , which is just and justly inflicted , though he judge otherwayes : Yea we grant furder , he is bound to submit to unjust sentences patiently , when he cannot by faire and possible meanes shun them . Yea moreover we grant that in matters of smaller moment , he may lawfully beare with the losse of a little to redeeme more , or save more from hazard . But our question is , if the Body of a land or a considerable part thereof , ought stupidly to submit to the losse of Life , Lands , Libertyes and Religion , when not only they judge these to be in hazard ; but when all who have eyes in their head see it & it is undenyable , being written on all the Acts & actings of these in power , & palpably & too too sensibly felt by al such as desire to keep a good conscience , & to be keeped free from the rageing wickednesse & aposrasy of this generation . 4. Though I know few malefactors , who , when attached , arraigned & condemned , would not do what they could to deliver themselvs from death , though this question had never been started ; yet our doctrine will not warrand such to do violence to the Magistrate : For we judge it not enough that they say they are innocent and deserve on punishment . Our case is a case that is manifest and not our , and a publick injury avowed and maintained : And will he think that because a Malefactor justly condemned to die , may not resist the Magistrate executing his office , Therefore a Land may not defend themselves , against the Kings Emissaries sent out to execute unjust sentences , tending to the ruine and destruction of Religion and Liberties ? His 2. Reason Pag. 44. is in summe this [ That by this way Magisirates in doing their duty cannot be secured : for it is not enough to say , let Magistrates rule rightly , and not oppresse , because that in the holy permissive providence of God , oft the best princes are not best used — some crossing of the will of a forward , and furi●●s party , may move them to fancy ther Prince a Tyrant , and thereupon account themselves free to offer violence : And from resistence they will goe to revenge ( the fury of evil consciences instigating them ) — in histories it will be found , that hardly did ever people resist a prince , but in end it came to revenge ; and of times the best princes have been worst used , at least as evil as the naughtiest , as may be seen a mong the Roman Emperours , and Christian Emperours and Kings : and amongst our own Kings &c. ] Answ . Lend us this argument , and we shall see what to make of it . By his doctrine people can never be secured from unjust violence , or from continual oppression and slavery ; for it is in vaine to say , let them do that which is right , and Magistrates will do their duty , for albeit it be true that faithful and honest subjects , may in the way of their duty , expect from God that he will incline the hearts of Magistrates to respect and encourage them ; yet in the holy permissive providence of God , it comes often to passe that the best people are not best used by their princes : And this all histories both ancient and moderne abundantly demonstrate . This court divine is all for the secureing of the Prince in all his tyrannies & oppressions ; and speaks nothing for guarding the saifty of the people , which is the end , for which Magistrates were appoynted : And this is to pervert the order of nature , so to secure the meane as to destroy the end : For that is to make the meane the end , and no more the meane . 2. We justify not Subjects as are unruly & seditious against good Magistrates doing their duty ; nor do we plead for Subjects riseing up in armes against their Magistrates , for every small injury , or when they deviate in a little from the right way : Let him grant to us , That subjects may oppose their Magistrates , and resist unjust violence with violence , when , in stead of being Magistrates they become wolves and Tygers ; and in stead of being pastors of the people , they become lyons seeking to destroy and devoure them ; and when they overturne the ends , for which they were appoynted , and destroy the liberties of the Subject , & overturne the Religion , which they were obliged & sworne to defend , in their place and according to their power , and we desire no more . 3. If any under pretext of repelling of violence , shall unjustly injure the Magistrate , we approve not such , we justify them not , let them answere for that themselves . This is nothing to our question : if he say that our doctrine openeth a gap to this , He is mistaken , for such as say that the sinful and unjust commands of Magistrates should not b e obeyed , do not open a gap to all disobedience , even in the most just commands . And since he will grant that unjust commands ought not to be obeyed , let him close the door here , so that from this there shall be no hazard of mocking the Magistrate , when commanding just and necessary dutyes ; And with the same engyne shall we close the door , so that when we say that Magistrates destroying Religion , Libertyes and what is dear to Subjects , may be resisted , we shall secure the Magistrate from violence and opposition , when he keepeth within his sphaere , and doth his duty . 4. If the matter passe from resistence to revenge , we approve it not ; if the pride and haughtinesse of the spirit of Princes be the cause of this , let them see to it , and labour to prevent it , by condescending to the just & equitable demands of their oppressed and grieved subjects . 5. We do not deny but God may stir up an Absolome and other conspirators against a Gracious David , for his owne holy ends . But , in ordinary providence it is to be seen , that good Princes , while alive and when dead , have had more respect of their Subjects ; then others , who have been most flagitious and wicked : The books of the Kings & Chronicles demonstrate this . That good Kings have been much honoured and reverenced while living , and much lamented when dead ; and upon the contrare , vvicked King 's have either been cut off , or when dead have not been desired , nor burned with the burnings of their fathers , nor buryed in the sepulchre of their fathers , whatever forced submission & outward respect they might have had while living . 6. As for the difference that God in his providence hath put betwixt Heathenish and Christian Kinges see what Evagrius sayeth Eccles . histor . cap. 41. speaking against Zosimus , he hath these words worth the marking . [ Let us see if thow will , how the Emperours which were Hethnickes and Panimes maintainers of Idolatry and paganisme , and how on the contrary , such as cleaved unto the Christian faith , ended their reigne : was not Cajus Julius Caesar the first Emperous , slaine by a conspiracy ? did not certane souldiers with naked swords dispatch Cajus the nephew of Tiberius ? was not Nero murdered by one of his familiar and dear friends ? Had not Galba the like end , Otho & Vitellus , who all three reigned only Sixteen moneths ? what shall I speak of Titus whom Domitianus poisoned , although he was his owne brother ? what sayest thow of Commodus ? — what shall I say of Marcinus ? did not the souldiers use him like a captive , about Byzantium , and cruelly put him to death ? — what shall I say of Maximinus whom his owne army dispatched — were not Gallus , and Volusianus murdered by their owne army ? had not Aemilianus the like miserable end — But since Constantine began to reigne-was there any one Emperour in that city ( Julian a man of thine own Religion-only excepted ) that was murthered by his owne subjects ? ] It were an endlesse work to run thorow histories , and show , how for the most part , ( contrare to what he sayes ) these Kings who have been resisted by their Subjects , whether in the time of Heathenisme , or since Christianity was professed , have been most flagitious and wicked ? Sure , if we should goe no further but to our owne history , we shall finde this put beyond all question , the Surveyer himself being witnesse , who sayes Pag. 78. that the instances of opposition made unto the Scotish Kings adduced by the Apolog. were but [ the insurrection of Nobles against the Kings , and violent oppressions of such of them , as have been flagitious and tyrannous . ] And thus he contradicteth , what he just now said . But to what purpose is all this stir ? He sayes , but can he prove , that we assert , That any party of the people , when strong enough , may get up against the King and all Magistrates , when they judge that they deal wrongously and injuriously with them ? Sure the thing which we affirme is far contrary to this , as hath been often times shewed . We know that [ the evil wit of a seditious party can soon paint the Best King as a black and ugly Tyrant ] and vve know also , that the evil wit of a hired court-parasite , and bese flatterer can paint out the blackest Nero , or Caligula , or a Heliogabalus , as a brave and virtuous prince . And this is nothing to our case , when the acts of Tyranny and oppression , are as legible , as if written with the sun-beames : It behoved to be strange virmilion that would serve to make the apostasy , perjury , oppression and tyranny of the novv Prince and Rulers , appear vvhit and comely ; and he needs no great vvit vvho vvould painte out these grosse acts under the forme of ugly Tyranny : Yet vvith all vve shall vvillingly grant to him , that , [ All the fearers of God should rather indure some acts of real tyranny , then by doctrine or practices of resistence , open a door to the destruction of good Kings ( by a party not of their spirit , but lurking under their pretences ) and to the continual dissolution , concussion , and desolation of humane societies ] for this is not the thing vve are against : Some acts of Tyranny vve are vvilling to endure , provideing he vvill grant us liberty both to teach & practise resistence , vvhen the acts of tyranny are not one or two , but many ; nor acts of Tyranny in smaller and lesse considerable matters ; but such as tend to the destruction of the true Libertyes of the Subject , to the overturning of a Covenanted vvork of Reformation , svvorne-to by all rankes and degrees of people ; hovvbeit men of corrupt principles , and of another spirit , should lurk under these pretences . Is it not reasonable , that vve also demand of this Surveyer vvhile he is in a good mood , That he vvould evidence so much fear of God , as not to condemne resistence unto real tyranny , so as to open a gap to all the ingrained & bloody Ner●es and such prodigious Canibales , to vvaste & destroy at pleasure the best of Subjects . What follovveth concerning obedience active and Subjection passive , hath been spoken to formerly , and it is needlesse fill up pages vvith repetitions , as he doth : only vvhereas he citeth Apolog. Pag. 376 , & 377. granting that subjection is necessary , and supposeth that this is repugnant to vvhat Naphtali sayeth , He vvould knovv that he is in a great mistake , for the question there is concerning obedience in things indifferent , or of submitting to the penalty , and that by a few privat persones ; and though in this case a single person , who will not obey the Magistrate in these matters must yeeld the penalty , and so acknowledge his subjection , it will not follow that a multitude or a Community , forced under intolerable penaltyes to acts of impiety and hainous transgression , and who can defend their rights and just privileges palpably and iniquously violated , may not repel such unjust force with force ; & resist intolerable tyranny , abusing the ordinance of God to all acts of wickednesse , and to the overturning & destroying the very ends of government ? And to this Naphtaly speaketh Pag. 28. So that he but gives vent to his profane Spirit , to cry out , as he doth Pag. 46. and say [ Good God! to what times are we reserved ? to see so certane truths , that may be reckoned among the immoveables of Religion , and the ancient land marks removed , by an upstart furious Crue , who by their new principles ( as false as new ) seek to confound both Church and State ? The lawfulnesse of privat men's counter acting , and violent resistence to a whole Church & a whole State , is a maine article of their new faith , & to do so is one of their new commands added to God's . ] For 1. It never was a certane truth , nor ever was reckoned among the immovables of Religion ( except by Court divines , & base flattering Sycophants , whose maine and only Religion was and is , to please the King , that he might full their bellies ) that absolute and illimited subjection was due to Princes by the whole body of the People , so that if he should send our Emissaries , like so many wild Beares , to kill Man , Wife , and Children , Without colour and pretence of Law or reason , People should do nothing but cast open their brests , and hold up their throats , that they may be devoured at once : what sound Divine sayeth so ? What sound Divine putteth this brutish subjection among the ancient land marks ? Yea what sober Royalist ( that is not with this surveyer intoxicate with Royal gifts , till his braines be crack't , and his rationality brutified ) dar positively averre that this is to be put among the immoveables of Religion ? 2. This principle which he calleth new , and as false as new , is an old truth verified by the practices of all ages , and is as true as old ; which he might easily see , if his new dignities and gifts had not blinded his eyes , and made him as false and perfidious , as he is notour . 3. He tells that our principle tends to confound both Church and State ; because we plead against Tyranny either in Church or State ; a pretty reason : Because we plead for that , which tendeth to the preservation of Church and State , in being and purity ; therefore we plead for confounding Church and State ? whereas his principle of Tyranny , in Church and State , is the readyest way imaginable to destroy both , as hath been seen by many sad and dreadful examples , before our dayes . 4. This man who hath perfidiously renunced his Covenant with God , and avowed his perjury to all the World , and his palpable breach of , and casting behind his heels the third command , talks of our adding new articles to our faith , and a new command to God's ; because we will not deny the principles of nature , nor grant that free-born subjects are slaves or brutes : And with him , Tyranny is the ancient Land-mark , and the chief poynt of his Religion , and a maine article of his faith , and one of the grand commands of the time . But many know at whose girdle his faith and his Religion hangs : But we will choose none of his Religion , principles , articles of faith , or commands ; For they change with the Court : and we know Court Divinity is a coat of many colours , faire and fashionable , but such as will neither keep from cold , nor cover our nakednesse , far lesse save from God's wrath in the day of accounts . CAP. XV. Some other Particulars , alledged by the Surveyer , against us , examined . HAving in the two preceeding Chapters answered his maine & Cardinal Arguments , our labour will not be great in confuteing what followeth . He says Pag. 22. We shake hands with any Papists , asserting that any person , unjustly pursued by Magistrates , may defend himself by armes , and slay them if he cannot otherwise escape , no lesse then Robbers or cut-throats . Thus Becan . Tom. 2. contr . Tract . 3. quaest . 8. & Swarez . contra Reg. Angl. Lib. 6. cap. 4. § . 6. So Aquin. 2. 2. qu. 70. Art. 4. c. ] To which we answere 1. That the question , which these Papists speak to , is different from ours : We speak not concerning vvhat a privat single person may do vvhen arraigned and unjustly condemned , but concerning what a community may do , when unjustly oppressed & persecuted by Magistrats , contrare to their trust and oath ; 2. We speake not of private persons killing Magistrates at their own hand ; but of privat persons or a community their defending themselves against unjust violence : and this truth which we maintain , was owned and practised before ever any Papist put pen to Paper . Next he tells us , That Mr Calvsn is of another judgment , Inst . Lib. 4. cap. 20. § 26 , 31. To which we answere 1 Mr Calvin is asserting that wicked men may be Magistrates , and that such , though wicked , while they are in office , should be acknowledged as God's deputyes ; for , ( so sayes he § . 25. ) [ In homine deterrimo honoreque omni indignissimo penes quem modò sit publica potestas , praeclaram illam & Divinam potestatem residere , quam Dominus justitiae ac judicit sui Ministris verbo suo detulit : proinde à subditis eâdem in reverent : â & dignatione habendum , quantum ad publicam obedientiam attinet , qua optimum Regem , si daretur , habituri essent . ] And in the following Sections sheweth that such ought to be so accounted who are in the possession of the Throne , whatever way they have attained to it , as Nebuchadnezzar ( who yet was but the hammer of the earth , Ierem. 50 : ver . 23. ) Belsazer , and the rest , of that Kinde , and therefore § . 29. he sayeth [ Hunc reverentiae atque adeo pietatis affectum debemus ad extremum prafectis nostris omnibus qualescunque tandem sint . ] And would have us § . 31. carefull not to rub contempt upon , or to violent the office , or ordinance of God , even in such ; which we easily assent unto : Because that this is not repugnant to a sinlesse self-defence , and resistence made to their open Tyranny , when seeking to destroy Religion , Libertyes , and every thing that is previous and deare unto the Subjects . It is true , some-where his expressions seem to condemne resistence , but that which we have mentioned is the maine thing he presseth : and he doth not speak to the case of resistence particularly . 2. Though we should grant that in this particular Calvin is not ours ; yet the Surveyer must know that § . 31. he is against him also , for the Surveyer putteth Parliaments & all inferiour Magistrates in the same condition with private Subjects ; and yet Calvin sayeth that such as are as the Ephori among the Lacedemonians ; the Tribuns of the people among the Romans ; and the Demarchi among the Atheniens ; and the Estates of Parliament , may and ought to suppresse the Tyranny of Princes : And so in this matter Calvin shall be more for us then for him . 3. It would be noted , both in reference to the testimony cited out of Calvin , and to the testimonies of other following , That the case which they speak to , is different far from ours : For with us , both King and Subject are bound in a solemne Covenant to God , to maintaine and promote a work of Reformation , and upon these tearmes did out King imbrace the Scepter , and became obliged by conditions unto his People : And sure more may be said for our defending our selves , our Covenant , and our Religion , when unjustly persecuted by the King , then for other privat Subjects , who are ( by Gods Providence ) under Heathen Princes , or conquerours , or under Princes of a different Religion , and who have no security or immunity covenanted unto them by these Princes . Then the citeth some passages out of Peter Martyr's Loc. Com. Class . 4. Cap. 20. Pag. 680. &c. To which we answere , 1. The question which he moveth Pag. 680. doth not concerne us : For there he sayes that meer privat persones may not depose Kings or Princes , or rise against them for this end , Vt eos à dignitate , seu gradu suo deturbent . Now this is not our question , which is concerning necessary self-defence in cases of extreame necessity . 2. He grants it lawfull to inferiour Magistrates , who set limites to the Prince , if the Prince violat his compacts , and break his Covenant , to force him to stand to his conditions , eum in ordinem cogere , ac vi redigere , ut conditiones & pacta quae fuerat pollicitus , compleat , idque vel armis cum aliter fieri non possit . Our Surveyer will not assent to this which Martyr sayeth , notwithstanding he account him one of the most learned of our Protestants . 3. It is true Pag. 682. he would have private persones enduring a Tyrant , who commands contrary to equity , and good lawes , and suffer him patiently , as we are to suffer patiently sicknesse . But who seeth not , that notwithstanding of this patient submission , we may use resistence , as we may use resistence , by all lawful meanes , to sicknesse and diseases . 4. Though we should yeeld that such a Tyrant as he described should not be resisted , viz. such an one as commandeth contra aequum bonum ac leges , yet our case is different : For not only are there such acts of iniquity commanded ; but also Subjects are compelled by meer force and cruelty , to consent to , and approve iniquous courses ; and our Magistrates are in a singular manner obliged to prosecute the Ends of a sworne Covenant , which the Subjects desire to adhere unto , and for adherence thereunto , are persecuted in a most inhumane and cruel manner . So that this is tyranny of a higher nature , then what Peter Martyr speaketh of . In the next place he citeth Rivet . in Decal . Pag. 233. and 235. But we answere . 1. Rivet granteth it lawful unto all , vim vi repellere to repel force with force , a proveth it . 2. In the place by him cited , he is speaking of a private man's resisting the violence of another , who , if ( under pretext of exponeing the law of Nature ) should avenge himself , privato appetitu vel contumaciâ , or raise seditions against the Magistrates , he should but abuse his power and liberty , and this we grant . But our case is of a Community , to which Rivet speaketh nothing . Yea 3. in the other place , though he will not have a private person kill his Father or a Magistrate , in his owne defence ; yet he granteth it lawful to resist , so far as can be , to hinder our owne destruction [ Id ( sayes he ) nos absolute sontimus de Parente & Principe ; quibus licet quidem resistere , quantum id fieri potest , cum invadunt injuste ; eo fine ut impediamus perniciem nostram . ] Whence it appeareth that Rivet is much for us ; for he acknowledgeth it lawful for a private single person to defend himself , as much as is possible , from the unjust assaults of Princes , Much more then shall it be lawfull for a community to defend themselves against the King's Emissaries . After Rivet he citeth D. Ames cons , cas . Lib. 5. cap. 20. But Doct. Ames speaketh nothing against us , for he is summarily holding forth what is the duty of Superiours towards their inferiours , and of inferiours towards their Superiours ; and among the dutyes of inferiours , he reckoneth subjection and obedience , but what calleth he this subjection ? Doth he meane thereby a stupide and absolute submission to all acts of Tyranny and opression ? No , but such an acknowledgement of their power & authority as hath with it a care to preserve the same unhurt . Now this is consistent with resistence in cases of necessity : A community may defend themselves from unjust violence of Magistratees , and yet attempt nothing against their just power and authority , but labour tenderly to preserve the same . 2. It is true , that he sayeth all violent insurrection is opposite hereunto , and also contempt : But that is violent insurrection against the power and authority , and not against the person who is abuseing his povver to the ruine and destruction of the Commonvvealth ; for no body will deny but tyranny , and the Tyrant as such , may be despised and undervalued , vvithout vvrong to the povver and authority if self . So may that be resisted vvithout violation of the power . 3. It is true he sayeth that subjection may be , vvhere there is not obedience , but wherein sayeth he doth this subjection consist ? In submissâ recusatione obedientiae , quando illicitum esse constat quod a superiore mandatur ; in a submissive refuseing to give obedience . And this is some other thing , then a stupide submission to all acts of Tyranny . 4. This same Ames Cap. 25. where he is speaking of Maagistrates and Subjects , and shewing the duty of subjcets unto them , puts subjection and obedience together § . 16. Wherefore , as hence it cannot follow , because obedience is due unto them , when they command things just and agreable to God's Law ; that therefore obedience is due unto them , when they command things unjust and repugnant to the Law of God : So nor will it follow , that because subjection is due unto them , when their power is not abused to the destruction of the Commonwealth ; therefore subjection is due unto them or non-resistence , when they tyrannize over the consciences , states and bodyes of their subjects , and laboure to overturne all . 5. It is true he sayeth Cap. 31. § . 10. that the person invading may be such , and there may be such other circumstances , as that the person invaded may rather choose to die , as to Kill : But that speakes nothing to our case , which is a resisting to the King 's bloody emissaries , not by one private person , but by a Community : And since D. Ames in the same Chapt. § . 4. 5. &c. thinks it lawful for a private person to defend himself even by killing the aggressor , when there is no other remedy , he will abundantly justify our practice . And likewise he alloweth this defence even in the behalf of others . § . 9. Rectè etiam extenditur ad defensionem non tantum nost●um , sed & aliorum innocentium : Hoc enim postula lex , ut proximum diligamus sicut nosipsos ! And therefore Amesius is much for us . As for the two Papists Estius and Tollet whom he citeth ▪ they speak not against us , who plead for the Liberty of self defence unto a Community against the Magistrate , and not to every private single person ; neither plead we for a power of Killing Kings . And if they were against us he could not have much reason to say , that we joyned hands with Papists . Thus are all his authorities from divines answered , let us see what he sayeth further . He tells us Pag. 25. 26. [ That when Lex Rex had in severral places ( such as Pag. 313. 314. 322. 463. ) vented that principle in reference to the civil governement , That no man is bound in conscience to subjection passive under unjust punishments inflicted by the Magistràte , more then to active obedience unto unlawful commands ; and that passive obedience under unjust sentences comes under no command of God ? Yea that it is a sin against God's command to be passively subject to unjust sentences , and that it it an act of grace and vertue , for a man to resist the Magistrate violently , when he does him wrong : and a self murther against the sixt command , not to resist when he offers to take away the life without cause , though not without law : They were quickly applyed to the Church by this man and his party , who pleaded for non-submission unto , and counteracting of all the judicatories , Whensoever the persones injured thought the sentence wrong — and how well their practices in the Church do homologate with their practices as to the State , we may now see ; for it is the way which they clearly owne , that every person ( when and so long as they are able , or are in probable capacity , to act violently against the Magistrate ) ought to counter-act him violently , when he thinks the Magistrate wrongs him ( for this must be referred to every man's private descretive judgment , as Naphtaly tells us Pag. 141. — How contrary such principles and practices of privat mens non-submission to , and counteracting of Church Judicatories ( supposed to do wrong ) are unto the Word of God ; how subversive of Church government ; how introductory of schisme , heresies and all mischiefs into the Church , is well discovered by the learned Reviewer of the pamphet intituled presbytery no papacy , &c. And with equal reason , may the same grounds be made use of against this man's inciteing all private persons , to counteract the Magistrate violently , when they think he doth them vvrong , or when they account their sentences unjust . ] Answ , 1. It is a poor defence of a weak and tottering cause , to follow such courses as this Surveyer doth . To wrest and wire-draw the sayings of his adversaries , is neither a faire way of confirming his owne opinion , nor a solid way of confuteing his adversaries . He sets dovvne some sentences here , as assertions of Lex Rex : And if any vvill consult the places cited , they vvill discover unhandsome dealing . I shall only set downe what Lex Rex sayeth , and the Reader , vvhen he compareth , may judge . Lex Rex sayeth Pag. 313. [ That patient bearing of evil and resistence , are not incompatible in one & the same person ] Pag. 314. He sayeth [ one act of grace and vertue is not contrary to another , Resistence is in the Children of God , an innocent act of self preservation , as in a patient suffering , and therefore they may well subsist in one . ] And ibid [ Neither suffering formally as suffering , and so neither can non-resisting passive fall under any moral law of God , except in two cases ] Pag. 322. [ when a man may preserve his owne life , and doth not that which Natures law alloweth him to do , rather to Kill as be Killed , he is guilty of self murther ; because he is deficient in the duty of lawful self defence . ] And Pag. 463 [ It is not dishononrable to the Majesty of the Ruler , that we deny Passive subjection to him , when he punisheth beside his warrant , more then it is against his Majesty and Honour , that we deny active obedience , when the Commandeth illegally . ] I shall not trouble the Reader with words , to discover the difference betwixt what Lex Rex sayeth , and what this Surveyer alledgeth he did say ; seing the judicious and observant Reader will Sine monitore easily perceive it . 2. What the Surveyer driveth at in making this parallel now , may be obvious to any , even to imbarque with himself and his party , the few of those who were for the Publick Resolutions , that have hitherto gotten grace of the Lord to abide faithful , and not to say a confederacy with all , with whom this Apostate generation hath now basely conspired , against Chirst and his interests . But we hope that those few will be so far from intertaining their former prejudices against their faithful and affectionat Brethren , who withstood these Resolutions , and owned the Protestations ; that on the contrare , perceiving themselves mistaken as to what they feared , concerning the Protesters , as if they had intended to overturn all discipline and Church government , and to side with Sectaryes ; since themselves have novv seen some of them owneing the same unto death , and becomeing a martyr upon the account of Church privileges , & all the rest ( scarce three of foure excepted ) abideing faithful , and suffering upon that account unto this day ; and since with all they see the feares of the Protesters , concerning the inclination to Malignancy and Prelacy , of the far greater part of these , who stifly maintained these Resolutions , now verified beyond all contradiction ; and that their objecting , that the major part of the Ministery was then corrupted , was too too true , and too well grounded , which things , if these faithful men who now stand , had but suspected then , as now they see with their eyes , they would , ( we are confident ) have forborne to have sided with them in these debates , and much more heartily have concurred with the honest proposals of the Protesters , for a through way of purging the church of such corrupt naughty persones , as have now most basely betrayed the interest of Christ , and departed from their profession and Covenant , and made that Church a hissing and a by-word to all nations , by returning with the Sow to the puddle and with the dog to their vomite . These worthy men , I say , perceiving now how far they have been mistaken not to their grief but to their joy ( as famous and zealous Mr Wood one of their number , did before his sicknesse , after some heavy groans , plainely professe and declare to a credible person , yet on life to verify the same , if any should question it ) will be so far from owning this man and his principles , that they will rather , ( we hope ) condemne their former practices , if not altogether yet in so far at least , as it is now visible they did tend , to the setting up of a arbitrary government and tyranny in the Church , and are now improved by this Surveyer to confirme a Tyranny in the state . Sure they now see , what some at least of these , who were very active and forward to screw up that debate to the hieght , and to presse and absolute subjection , might have been driveing at under hand , though they made such faire professions of their firme purpose to adhere to presbyterian government , as moved others to entrust them with the management of their affairs at Court , and while entrusted therewith , destroyed and overturned the whole government , so that now they will be loath to say as the Reviewer did Pag. 5 , 6. [ That the innocency of his agency , to prevent the evils the protesters were endeavouring to bring upon this Church , and his carriage and integrity in managing that Trust , are so wel : known at home and abroad , that we beleeve he needs not write Apolog●ticks against the slanders of their tongue or pen. ] And rather blush when they read or remember this : & we are hopeful that such and the like perfidious practices well pondered , will not only contribute much to re-unite them in hearty affection , unto their faithful Brethren now in the same furnace with themselves , for the same cause and interest ; but also cause them reflect upon their former proceedings , & consider what a native tendency , that which gave the rise to all that debate , had unto this , which is to day our sin , our shame , and our Sorrow , that they may joyne with the Rest of the faithful of the land , in mourning for such national sinnes , Whereby the wrath of God may be turned away from us , and the Church restored to her former beauty and integrity , in the Lord 's good time . 3. It is Manifest , that this Surveyer , who ever he be , & some others with him , had some other thoughts in their heads at that time , then they durst expresse ; & finding the far greater part of the Ministerie corrupted , would have had the rest resolving upon an absolute submission to all their determinations , though they had been openly & avowedly to introduce prelacy , yea & popery , & to have submitted to their summar censures of deposition , & what else they thought good to inflict , without the least resistence or counteracting , & thus to have patiently submitted , to see Christ & his royall truthes banished out of the land by ecclesiastical acts , & Popery & Prelacy re-established by horrible iniquity : Though we were ever confident , such as now through grace abide stedfast , had no such thoughts or intentions . 4. This Surveyer dealeth with all alike : as he misrepresented Lex Rex in the civil debate , so doth he now misrepresent the protesters in the Church-debate ; for when or where did they say , That persones were not bound to submit , but to counter-act the judicatories of the presbyteriall government , whensoever they thought the sentence wrong & unlawfull ? Did they ever assert that a mans owne conscience , was the only vvarrand and ground of his submission or non-submission , or of his obedience or disobedience ? 5. So doth he abuse & misrepresent Naphtaly , as any vvill see who considereth his words in the place cited , which are these . Now how a discretive judgment in these cases , both of unrighteous commands , & wicked violence , & specially in the later , which is ( by far ) the more sensible , doth necessarily remaine with the people , & in what manner the same is to be determined & cautioned , so as neither to license disobedience against authority , nor create seditions in the Commonwealth , is already fully cleared . ] This is some other thing then to say , that al is to be referred to every man's privat discretive judgement , vvithout any caution or limitation added or supponed . 6. Because it is not our purpose to revive that debate vvhich vvas betvvixt the Protesters & the Publick Resolutioners ; but as vve vvish it had never been heard of , so vve desire it may buryed in perpetual oblivion ; & that hence forth there may be hearty joyning in the cause & covenant of God , for prosecution of all the ends thereof , according to our severall capacities , That so we may become one stick in the hand of the Lord , & renunce this apostacy , & all courses tending thereunto , & so goe on as before that un happy difference broke out , with zeal , & unanimity . Therefore we shall forbeare to examine what that Reviewer , of presbytery no papacy , said : And though we finde that much of what the Surveyer sayeth here , is borrowed from that Reviewer , & is answered already as to our purpose ; yet we finde the Reviewer grant severall things , which will quite destroy the parallel , as to our case , & shew the Surveyer to have been but a fool in mentioning that pamphlet now . For 1. He Pag. 104. sayeth [ We do not urge submission , in this matter betwixt us , in matters of doctrine , or articles of faith , in morshipe , government , nay nor rules of discipline . ] And so insinuats as much , as that if the Dogmatick and Diatactick power of Christ's courts be abused , and corrupt doctrine and practices pressed , he would not be for submission : And therefore upon this ground , waves the arguments of the protesters , taken from the instance of Athanasius not submitting to the Arians , deposeing him for asserting the divinity of the Sone of God ; and the 11. Arg. making a supposition of enacting the Masse , and all the heresies of Rome , saying [ For when Church judicatories deny homage to the Sone of God and returne to Rome , We shall not debate the poynt of non-submission only with them , but shall run from them as from synagogues of Satan . ] Upon this same ground he waves the argument 13. which did shew that this submission was prelatical : And the passage of our confession of faith ratified An. 1567. which is thus , art . 12. [ So far as the Council proveth the determination and commandement that it giveth , by the plaine word of God , so soon do we reverence and imbrace the same ; but if men under the name of a Council , pretend to forge unto us new articles of our faith , or to make constitutions repugning to the word of God , then utterly we must refuse the same , as the doctrine of devils , which draweth our souls from the voyce of our only God , to follow the doctrines & constitutions of Men. ] So doth he upon this ground lay by what they said Pag. 49. [ That by this submission there was no remedy , but that , at one stroke , the precious interests of Christ and truthes of God must be borne downe , and buryed in oblivion , and the Saints and Ministers of the gospel be buryed under the rubbish thereof . ] As also their Arg. 15. which did shew , that this unlimited submission did [ Leave the Church destitute of all Ecclesiastical remedies , in the case of a general defection , and open a wide door for making the government of the house of God degenerate into Tyranny , &c. ] And their 2 Argum shewing how contrary it was to Scripture , and how hard it was to say that a man duely qualified , being suspended from the Sacrament , or from the exercise of his Ministery , or excommunicated , because of his pressing and holding forth some precious Truth of God , which a Church judicatory condemneth for a lie , should submit : And also their 8. Arg. Pag. 108. which was this [ What is denyed jure to Oecumenick Councils , and so lawfully called Prophets and Ministers of the gospel , to Nathan , to David , to Paul , to an Angel from heaven Gal. 1 : ver . 18. cannot warrantably be given to General Assemblies . If — they teach or decree not according to the word of the Lord , we are to counteract , and to contradict Gal. 1 : ver . 8. Therefore , &c. ] Now in all these cases the Reviewer would not plead for submission to Church judicatories : Why then doth this Surveyer plead for absolute submission and unlimited to civil powers , since he is pleased to draw a parallel betwixt them ? But we see that evil men and seducers waxe worse and worse . So that by the Reviewer's concessions , we are not bound to submit vvhen the higher povvers persecute us for truthes sake , deny homage to the Sone of God , presse the approving of corruptions in the poynt of government , destroy the precious truthes of God , and interests of Christ , make a general defection and Apostasy : And in a vvord , turne Enemies to the liberties of the People , destroy the Covenanted vvork of God , oppresse the Subjects in bodyes , States , and Consciences ; and so crosse the very ends for vvhich they vvere appoynted . 2. The Reviewer Pag. 109 , 110. though he vvould have submission , in the matter of discipline , vvhere the hazard is only personal , and a mans suffering is not tanti as to disturb a vvell setled national Church , vvhere doctrine and vvorshipe are in their integrity ; yet he thinks the case is of greater moment , vvhen a National Church in her judicatoryes introduceth falfe doctrine , and corrupt vvorshipe , to be imposed upon a Church : And so dar not affirme that submission is in this case due . Why vvill not the Surveyer take notice of this & grant so much in our case ? We should readyly grant to him , that submission might be yeelded in smaller matters , when the hazard was only personal , and the suffering of one , or of a few , was not tanti as therefore to disturb the setled State , wherein the maine matters were keeped in their integrity . But he cannot in reason demand more of us , ( if the parallel hold ) or seek submission , when Higher powers are overturning the precious Truthes of God , and interests of Christ , are destoying a glorious work of reformation , are pressing all to open and avowed perjury , are destroying the fundamental rights , libertyes and privileges of the Christian Subjects , and tyrannizing over their Estates , their Bodyes and their consciences . 3. So tender was the Reviewer that Pag. 115. he would not urge submission to sentences of inferiour courts , when appeales from one judicatory to another could not be had ; yet so untender is our Surveyer that he will have absolute and unlimited submission yeelded , when he knowes that not only is there no liberty of appeal granted , but not so much as liberty to petition and supplicate , to get any thing that is amisse righted . Thus he would have the whole land submitting to meer and cruel tyranny . 4. Pag. 129. the Reviewer said [ We never asserted a judicatory might be contra-acted in no case , as we cleared before ] far lesse will be affirme , that a judicatory may not be contradicted in any case , ibid. Hovv cometh it then , that our Surveyer doth not follow the Reviewer's footsteps ; but pleadeth for absolute and illimited submission , in all cases vvhatsomever . 5. Pag. 131. vvhen he comes to that argument taken from the Tyranny which would hereby be introduced in the Church , which would consequently condemne defensive armes used against Tyranny in the State : He only sayes [ That no learned man would ever allow people to rise ( far lesse a party only ) against a prince upon the account only of the unjust sufferings of particular persones , whole yet the affaires of Church and State were well ordered-while yet they adhered unto & overturned none of the righteous things in a nation . ] Sure then it will be allowed by him , that people , though the lesser part , defend themselves against Tyranny ; when not only particular persones are unjustly suffering , but the righteous things once concluded and confirmed by lawes , Oathes Vowes , Covenants , Acknowledgments , Declarations , & Protestations , are overturned ; the work of God razed to the fundation ; perjury and breach of Covenant established ; Conrses laid downe for a constant exercise of tyranny and oppression &c. againe . 6. pag. 134. [ let once ( sayes he ) a judicatory grow so corrupt as to condemne the dutyes of preaching Christ , and participation of publick ordinances , in the very nature and kinde , and as to all sorts of persons universally — and in that case we shall without scruple conclude them no true courts of Christ , & consequently not to be submitted unto ; yea in case such decrees were published , we should hold it a case of confession for ministers to preach ▪ and people to frequent ordinances so long as they had liberty or oportunity . ] How then can submission be given to these in povver , vvho novv have destroyed the interests of Christ , and vvill suffer none to plead or contend for Christ and his oppressed truth , or speak against perjury and dreadful defection , vvhere of the land is novv guilty ? But enough of this , vve proceed . Another particular which we shall here examine is that discourse he hath concerning I Sam. 8 : ver . 10. Pag. 63 : 64. The summe of what he sayeth is this . [ It is true ( sayes he ) the place , I Sam. 8 : ver . 10. neither contradicts nor repeales that law Deut. 17 : ver . 14. — But it is false that only the tyranny of a King is there spoken of by way of meer dissuasive : Moses and Samuel agree : The one shewes what a King should do ex officio and de Jure , The other what a King may do , by the power he hath , and yet not be ●b●oxious to punishment , from Subjects , — or what a people should suffer of an evil King , without attempt of violence upon him . The one sets out Gods approbative law , The other his permissive law — as albeit the Lord approve not divorce , yet by a permissive law , Deut 24 : ver . I. Husbands had liberty to put away their Wives , without being obnoxious to humane punishment — The fact it the manner of Tyranny , but the permissive power without punishment from subjects , is the just right of all lawfull Kings — Though Samuel might have here intended to disswade the people ; yet his maine intention was to shew the people their duty under a Kings oppress●on , what they were to suffer without resistence ; for to what purpose should he have written the Manner of the King in a book , and laid it up before the Lord , 1 Sam. 10 : ver . 25. But to teach the people their beheaviour to the King ? So that this was not the law of the King , Deut. 17. which was already keeped in the Ark. ] Answ . 1. It is well that he granteth that this ●us Regis Or the manner of the King is de facto the manner of tyranny ; and so that it was no wayes lawful for the King to do these things there mentioned , which yet other Royalists do peremptorily , deny and averre hence , that Kings have full , absolute and illimited power over the Subjects persons and goods . And thus as to the King's part , he must grant that what is here spoken , is contrary to what is said , Deut. 17. 2. All the circumstances of the text shew , that this tyranny of the King is spoken of meerly in way of disswasive ; for it was a King to judge them like unto the Kings of other Nations , which they were seeking , and this displeased Samuel ver . 6. and the Lord said to Samuel , that hereby they had rejected not Samuel , but himself , that he should not reigne over him , ver . 7. and the Lord commanded him solemnely to protest against them , and then shew them the manner of the King : and what else was this for , but to bring them off their purpose , and disswade them from prosecuteing it any furder ? But it is said , ver . 19. Neverthelesse the people refused to obey the voice of Samuel . now what else was the voyce of Samuel then a disswasion ? Let him look the English and Dutch Annot. upon the place , and other Commentators , and he will finde it so 3. That which he takes the meaning of this manner of the King to be , is the old saying of Barclaius long since exploded by Althusius in his Politic. cap. 19. num . 58. thus [ Impunity ( sayes he ) in committing wickednese can make no right : Princes have no power to do evil , but only to help , comforte , and to promove the good and profite of the people , Vasq . Lib. 1. cap. 1. and 2. c. 26. num . 2 , 3. contr . Illustr . — To do evil is no act of power , but of infirmity that cannot abstean from doing evil , Vasq . D. L. C. 27. for so a company of Thieves , and Incendiaries , which can do many things , which they ought not , should be said to do these things by a kingly right , and if this Jus Regium be understood of permission , which de facto cannot be hindered , That is common to others , as well as to Kings ; for both a King and a private person may be free of punishment , either because the fact cannot be proved , or because they cannot be gotten punished , or because these evils are permitted by law L. non omne 144. de Reg. Jur. Tyranny is not to be reckoned among these things which are to be permitted ; for Tyrants are Adulterers , Ravishers , Murtherers , and such as are guilty of other capital crimes ; whom Scripture stiles , Lyons , Beares , Dragons , Wolves , Prov. 28 : ver . 14. Ezech. 22 : 27. Dan. 2 , &c. and the like , Pfal . 58. Esa . 13 : ver . 11. and Cap. 33. v. 1. ] Let him consider also what famous and learned Voetius sayeth to this , Disp . select . part . 4. pag. 222. Where he tells us that to do evil with impunity , is not Ius , doth found no Ius Or right , neither is founded on the law of God , of Nature , of Nations , nor on the civil law . And as to that which the Surveyer sayeth , that it is a Ius , because it shewes what people were to endure willingly , and might not resist . He answereth , Pag. 223. That then the people should be the subject of this right or Ius , and not the King ; and so it could not be called the manner of the King , but the manner of the People . Againe he sayes , evil , losse , vexation , passion , and not to hinder evil , in Scripture phrase , is rather called somewhat opposit to Ius , then Ius or right , viz. a privation of it . 4. As for his simile of a permission granted to men to put away their Wives , it is not of the same nature with the former evils ( sayeth Althusius in the place above cited . ) And the Author of Lex Rex , pag. 137. said well , [ If so , a power to sinne , and a power to commit acts of Tyranny , yea and a power in the Kings Sergeants , and bloody Emissaries , to waste and destroy the People of God , must ●e a lawful power given of God ; for a lawful power it must be , if it cometh from God , whether it be from the King in his owne person or from his Servants at his command , and be either put forth in acts , as the power of a bill of divorce , was a power from God , exempting either the husband from punishment before men , or freeing the Servant who at the husbands command should write it , and put it into the hands of the Woman . I cannot beleeve that God hath given a power and that by law , to one man , to command Twenty Thousand cut throats to destroy and kill all the children of God , & that he hath commanded his children to give their necks and heads to Babel's sones without resistence . This I am sure is another matter then a law for a bill of divorce to one woman , married by free Election , of a humorous and inconstant Man. But sure I am God gave no permissive law from Heaven , like the law of divorce ; for the hardnesse of heart , not of the jewes only , but also of the whole Christian and heathen Kingdomes under a Monarch , That one Emperour may , be such a Law of God as the law of divorce , kill by bloody cut throats all the nations that call on God's name , men , women , and sucking infants . ] 5. The reason which he giveth Pag. 64. is the same that Barclaius gave viz. [ To what purpose should he have written the manner of the King in a book , and laid it up before the Lord after the King is set over them 1 Sam. 10 : ver . 25. When there was no pleace for repentance , no remedy , no use of terrifying or disswading them , the only use of recording it , was to teach the people their beheaviour towards their King , and patience under him , and that it should not be free for them to shake off the yoke of his government , or to offer violence to him albeit he should overstretch his power too far . This recorded was not the law of the King , Deut. 17. which was already keeped in the ark with therest of the law . ] Answ . 1. Though the King was set over them , he had need to have had his duty writen before him in a book , and keeped to posterity , no lesse then the People should have stood in need to have had their duty so recorded . 2. To say that it vvas to teach the People their duty , is but a begging of vvhat is in question : And it is not probable that Samuel vvould vvrite the rules of Tyranny in a book , and lay it up before the Lord in the Ark of the Covenant , seing he vvas to teach both King and People , The good and right way , 1 Sam. 12 : ver . 23 , 24 , 25. 3. The English Annotators tell us on the place , that this manner of the Kingdome which Samuel vvrote , vvas [ Not as it is commonly practised , Chap. 8. ver . 9 , — 18. but as it-ought to be in a lawful and free Monarchy appoynted by God himself , according to the fundamental lawes of the Kingdome , teaching what dutyes the King ought to performe in the government of his people , and the people in their subjection and obedience to their King , according to that description of a King set downe by Moses , Deut. 17 : ver . 14 , &c. Ezech. 45 : ver . 9 , 10. & Cap. 46 : ver . 16. Rom. 13. v. 1. 1. Tim. 2 : v. 2. ] The Dutch Annot. say , [ This is not of the way , manner and custome of actings which Kings sometimes take up contrary to law , but of the lawes which Samuel by God's instinct made or inacted , concerning the goverment of Kings ; see Deut. 17 : ver . 18. Or of the ordinances for to instruct as well the King as the Subject . And Iackson in his notes on the place sayeth , [ That it vvas both the duty of the King tovvards his Subjects , and of the Subjects tovvard their King ; and these vvere the fundamental lavves of the Kingdome : and this book vvas carefully laid up before the Lord , sayeth he , 1. for the sure preservation of it , 2. to signify that even these civil lavves vvere the ordinance of God , vvhich men vvere bound to obey , not only for wrath , but also for conscience sake , Rom. 13. ver . 2 , 5. 3. To intimate that God vvould take care of these lavves , to uphold and maintaine them , and to punish these that should vilify and break them ] Cornel. à Lap. and Lyra say the same upon the matter , Deodat tells us that ▪ ( it was the fundamental lawes of the Kingdome , inspired by God to temper Monarchy , with a liberty befitting God's People & equity toward a nation — to withstand the abuse of an absolute power . ] But this Surv. sayeth that all this is but a guesse without ground . But what are his reasons ? [ Had there ( sayes he ) been any such special fundamental lawes , the Ten Tribes had a faire ground of pleading upon the same , before their revolt , but no such thing is heard of , and it is as easy to deny it , as it is to affirme , that there was any such fundamental law ] Answ . Whether the Ten Tribes did plead this in terminis or not , is not , it is true , asserted or heard of , but it is undenyable that they did plead it upon the matter , when they required nothing but what was consonant unto the law Deut. 17. and because it was refused , they thought themselves free to make choise of another King. 2. What more force hath his denyall then ours ? we bring approved authors for what we say , and he satisfyeth himself with his owne word , and thinks that that is sufficient to confute all commentators , even such as himself a little thereafter citeth and approveth in other things viz Deodat . What sayes he more ? [ The People claimed no vote in such fundamental lawes — and it was their interest to be consulted with in the matter . ] Answ . The People were so bent to have a King upon any tearmes , that they consulted little their owne welfare and faifty . But Samuel was more tender of them , and they might have concredited that matter unto him , being a Man of approven integrity , and known to be one that sought their good , and had no good will to set a King over them . But sayes he , [ had they thought of any such Covenants or lawes fundamental , wherein liberty might be left them to resist their Kings , or take order with them , how easily could they have shewed the weaknesse of Samuel's disswasion , and said , if the King be evil , we will resist him ] Answ . This was done after the matter was past remedy , and a King they vvould have , and a King God would give them in his wrath . 2. We finde chap. 14. that they did resist him , when he was going to shed innocent blood , whether according to these fundamental lavves or not , is not much matter . 6. Though all which he desireth here , should be granted to him , he would not gaine his poynt , unlesse he should prove that this was a standing precedent to all nations in all time coming . Which ere he do , he must consider and confute what worthy and renowned D. Voetius hath said to the contrary , in his book before cited , disp . de Iure Regio Hebraeorum § . 1. What he sayeth ; Pag. 68. shall be considered in the next chapter , and what he sayeth Pag. 69. 70. 71. is already answered : for this windy man would seem to be voluminous , by filling many pages with the same things repeated over and over againe , that if he cannot say much for his hire , he may seem to be at some paines to say many words , and waste much paper . And therefore we proceed to take notice of some other objections . CAP. XVI . Three Principall Objections Answered . THere are three grand objections which the Surveyer , here and there throw his pamphlet , maketh use of , and which seem to militate against some of our forementioned arguments ; as . 1. That there were not ( in the case now under debate ) inferiour Magistrates , a Parliament , or the primores Regni , or the Epiori , and States of the Realme , concurring in that defence : and whatever may be said in the defence of a warre carryed on by these , against the illegal violences and extreame oppressions of a prince , will not warrand the insurrection of meer privat persons . 2. That in the case now controvetted , it was not the Body of the land or the whole Community that made this opposition to Magistrates Superiour and inferiour ; But only a small inconsiderable company , in respect of the whole land : and so though it should be lawful for the whole body of a land to joyne together , to defend themselves against the tyranny and oppression of a Prince , without the conduct and concurrence of inferiour Magistrates ; yet it will not hence follow , That it is lawful for any part thereof , to use such resistence . 3. That the party , which lately made opposition , had no sufficient ground to take armes , suppose it had been lawful in its owne nature , there being no such provocking cause or occasion given by the Prince . And though it should not be thought very necessary to insist on these now , seing this last was spoken to in the clearing of the question , and the first was touched also formerly cap. 2. And all our arguments conclude for a People without their primores or Parliaments ; and So do many both of our arguments and instances adduced , speake clearly & undenyably , unto the case of a considerable part , though not the whole of the community , defending themselves against manifest and unjust violence ; yet that the matter in hand may be fully cleared , we shall speak alittle further to these three objections here . As to the first ( though the surveyer be in malâ fide to make use of it , unlesse relinquishing all his brethren the Royalists , he grant it lawful for people with a Parliament to resist , which neither will he nor dar he do ; And therefore we shall speak to this objection , rather for the satisfaction of others . ) We desire these things may be considered . 1. That as necessity did put people at first , upon the constitution & election of a Parliament , to manage their affaires , which they could not so conveniently do themselves , without confusion , discords , and other inconveniences , which would neccessarily attend a communities meeting together , for carrying of these matters : So it was the certane expectation of their profite and advantage , that did prompt them unto the setling of this frame and constitution . 2. Whatsoever power these Commissionated , according to that frame and model condescended upon , had or have , is not in and from themselves , but from the People , no lesse then the Prince hath his power from the People ; as was shewed above : For no man can imagine any difference , as to the subordinate and instrumental rise of the power , of the Prince and of the Ephors : So that as his power is from the People under God , so is the power which they have . [ These publick Ministers of the Kingdome ( sayeth Althus . Pol. c. 18. n. 3. ) are chosen by the united and consoc●ated body of the People preserve the whole associated body , and her rights ; and are instructed with necessary power and authority , which to performe they are obliged by oath . ] 3. Hence , really the power of the People is greater then the power of any delegated or constituted by them ; for the cause is more then the effect : and the Parliament doth represent the People , but the People do not represente the Parliament . Therefore the power of the People must be more . His povver who doth constitute another , or depute him as a guardian to some businesse , or to oversee some of his matters , is greater then any povver , vvhich that other deputed or constituted Curator hath . Parliaments then being but as Tutors and Curators unto the People , must have lesse povver then the People have [ mandans vero ) sayeth Althusius pol : c. 18. n. 92. ) vel injungens alii rerum suarum procurationem , est instar imperantis , rogantisve , suscipiens vero talem administraetionem , instar obtemperantis , inservientis , & officium suum alteri praestantis . ] So that the Parliament is but a servant to the People : and the povver of a Master is alvvayes superiour to the povver of a Servant as such . 4. It is irrational to think , that the People in chooseing the Ephori or Parliament-members , and committing the administration of their weighty affaires unto them , did denude themselves of all that innate and radical power , which they had to manage their owne matters ; seing no urgent necessity could compel them to it , nor any foreseen advantage or profite , which thereby could redound unto them , move them and perswade them thereunto : but on the contrary , much hazard and disadvantage might at the very first appeare upon such a surrender as this . Much lesse could they denude themselves of that power of self defence , which by no law of God or man they might law fully give away . 5. Whatever power Parliaments have , it is to be exerced and put in practice for the good and advantage of the People . Their power is for the profite , and not for the hurt of the People , and to this scope and end should they level all their labours , travails , paines , endeavours , cares , thoughts , consultations , conferences , votes , deliberations and conclusions , L. Imperial . C. de nuptijs L. bene a Zenone C. de quadr . L. 8. C. de legibus . L. praecipimus 34. C. de appell . ( See Althus . pol. c. 18. n. 7 : 17. 6. Hence Their power is not absolute , infinite , or unlimited ; but hath its owne bounds and limites over which it cannot lawfully passe . They are to rule and do all , for God and the good of the Realme , whose servants they are . They are the Ministers of God for the Peoples good Rom. 13. 4. 7. When they transgresse ) their true limites ( which no man will say is impossible ) by commanding what God hath forbidden , or forbidding what God hath commanded in his holy law : or when they seek not the publick good of the Land , but their ovvne private advantage , They are not , but cease to be , the Ministers of God and of the People , and become private persons , who ought not , in these particulars wherein they goe beyond their bounds , to be obeyed : As sayeth Althusius ubr supra n. 41. and proveth by many authors : And the reason is cleare , for no inferiour can disannul God's Law , or free us from subjection thereunto . They have no power to command sin , God never gave them such a power : And the People could not give it , for they had it not themselves , neither had they a power to wronge and destroy themselves , and so they could not give this unto them . 8. If these Ephori or Trustees betray their trust , and feel or basely give away the libertyes and privileges of the people , which they were intrusted with , the people cannot thereby be brought into a remedilesse condition , or lose their privileges vvithout all hope of recovery . If a Tutor waste and destroy the Pupil's Estate , the law provideth a remedy for the Pupil : If a commissioner or deputy betray his trust , the master's losse thereby is not irremediable : If an advocat betray a client's cause , The client will finde some relief . [ The peoples right ( sayeth althusius ubi supra . n , 124 ) suffereth no prejudice , nor doth the Prince — obtaine any more tyrannical power , by the negligence , perfidy , deceit , collusion , treachery , prevarication , and conspiracy of the Ephori or primores regni , with the prince — for it is unjust & absurd to affirme that the Ephori ( or parliament-men ) can transferre unto the Tyrant , what they never had themselves , or can destroy or alienate the rights of the Community , in prejudice of the whole Realme , and that contrare to the fundamental lawes of the land , or such , as the prince swore to maintaine , and which containe the spirits and life of the Commonwealth . ] From these irrefragable truthes , so consonant to right reason and attested by learned politicians , it will clearly follow . 1. That the Peoples case is not vvorse by Parliaments , then it would have been without them . 2. That Parliaments , cannot tyrannize by any law or right over People . 3. That no treachery or perfidy of Parliaments , neglecting their duty or betraying their trust , can prejudge the people of their due rights and privileges . 4. Parliaments not concurring with the People in their necessary defence , cannot loose them from the obligation of nature , to defend themselves from tyranny and intolerable oppression . 5. If Parliaments in stead of acting the part of Trustees , Tutors , Curators , Delegats and Servants , shall turne Tyrants , wolves , Tygers , and Enemies to the Commonwealth themselves , of conspire , joyne , or enter into a confederacy with a Tyrant , and so seek the destruction of the community ; The community is allowed to see to the preservation of their owne rights and privileges , the best way they can . 6. And so in some cases , when the hazard is great , the losse irreparable , private persones may defend themselves against manifest Tyranny and oppression , without Parliaments . All this seemeth to be cleare and undenyable In thest . Let us next see what way this shall sute , or what more can be said for , our case , In hypothest . And. 1. It is beyond contradiction , that the late Parliament did basely betray its trust : for politicians tell us , That it belongeth to these Ephori . To vindicate and maintaine the compact and Covenant which is betwixt the Prince and the People . To keep the prince or the supreame administrator of justice , within his bounds and limites , that he turne not a tyrant , or an oppressour of the People . To hinder him from violating the law of God. To restraine and coërce him from violating the lawes of the land , and the rights of the kingdome . To hinder the execution of the unjust and illegal decrees and mandats of the Prince . To defend the proper and incommunicable rights and privileges of the People . To cognosce whether the Supreame Magistrate hath done his duty or not , and to hinder him from committing Tyranny . See for these particulars Althusius , Pol. c. 18. n. 48 , 55 , 63 , 65 , 68 , 83 , 84. Where all these are abundantly confirmed . Now , it is not our to all who consider either what they did , or what was enacted by them , and stands registrated to all generations , how the late Convention ( which hardly can be accounted a lawful Parliament ) not only came short of their duty in these particulars , but stired a direct contrary course , as we shall shew in a few words . For 1. So far were they from maintaining that compact and Covenant , which was betwixt the King and the People . That they declared these Covenants and engagements null : declared the very Parliament and committees , that called him home and crowned him , null : condemned the very transactions that were had with the King before he came home . 2. So far were they from keeping the Prince within his bounds and limites ; That they screwed up his prerogatives to the highest peg imaginable , and did investe him with such an absolute unlimited and infinite power , that he might do what he pleased without controle . 3. So far were they from hindering him from transgressing the lawes of God , That they concurred with him , to enact lawes diametrically opposite to the Law of God , to condemne and overturne the work of God , To set up an abjured prealcy , and force conformity thereunto , beside other acts which they made to hinder the course of justice . 4. So far were they from hindering him from violating the wholesome well setled and established lawes of the land , that they concurred with him to overturne these , to the great losse and detriment of the Nation . 5. So far were they from preserving the rights of the Kingdome , That they made a voluntary and base surrender of these unto the pleasure and arbitrement of the Prince , in annexing to the crowne The sole choise and appoyntment of the officers of State and privy Councellers , and the nomination of the Lords of Session ; in dischargeing all meetings , Councels , conventions , or assemblies of the People , without the King's command or expresse license : In giving away to him as his right , the sole power of raiseing the Subjects in armes ; of commanding , ordering , disbanding and otherwise disposeing of them ; And of all strengths , forts , or garrisons within the Kingdome : all which politicians will grant to be the proper native rights of the Kingdome : 6. So far were they from hindering the execution of his unjust decrees and mandates , that whatsoever he pleased to command , was by them imbraced yea and fortified , strengthened and corroborated , and put into a standing law , how dishonourable so ever it was to God , how repugnant to equity and reason , and how noxious soever it might prove to the Nation . 7. So far were they from desending the Libertyes and Privileges of the People , that they basely gave them away , by denying them to have any power to defend themselves against manifest oppression , or power to call Parliaments or other meetings for their advantage , in cases of necessity ; by giving away to the King yeerly fourty Thousand pound Sterline , to the impoverishing of the Nation and redacting it to slavery : And by Tendering unto him all the lives and fortunes of the subjects , to maintaine his interest ; and offering Twenty Thousand foot men , and two Thousand horsemen sufficiently armed and furnished with fourty dayes provision , to be in readinesse as they shall be called for by his Majesty , to march to any part of his three dominions , for any service wherein his Majesties honour , authority or greatnesse might be concerned : Which how ever it may be coloured with specious pretexts ; yet , al circumstances considered , was nothing but a real mancipation of the liberties of the People unto the will and pleasure of a Prince . 8. And so far were they from calling the King to any account , and from impedeing Tyranny , that in effect they declared the King exempted from all such tryal or examination , and that he might exerce what tyranny and oppression he pleased without controle : For they gave unto him absolute and unlimited power over all persones and in all causes ; They declared him to have absolute power to call , hold , prorogue , and dissolve Parliaments and Conventions and Meetings of the Estates : And That no acts , sentences , or statutes to be past in any of these meetings , can be binding or have the authority and force of lawes , without his authority and approbation interponed , at the very making thereof . 2. It is notour to all who read their acts , How they have enacted and concluded things most unlawful and unjust , repugnant to the Law of God and right reason : Condemning Solemne Covenants sworne by all rankes of People in the land , in the most solemne manner ; introduceing abjured Prelates ; Establishing tyranny in the Church ; condemning and razeing to the fundation the Covenanted work of God ; enjoyning a conformity unto corrupt courses ; pressing perjury and Apostasy , by forceing all in publick places , and others , to subscribe declarations and oathes , contrary to their former sacred and inviolable Covenants and oathes made to God. 3. By confirming , ratifying and approveing these courses of Apostasy and defection , and establishing these into lawes , and binding and forceing the People unto obedience , by their irrational and insupportable penalties annexed , They have laid downe a constant course for tyranny and oppression of the People in Estates , bodyes , and consciences , without all hope of remedy or redresse . 4. As Parliaments with us are not constant and fixed courts , but ambulatory and occasional , so they have laid downe a course , that we shall never have a Parliament that shall redresse the wrongs , injuries , oppressions and tyranny of Princes ; or heare the just grievances of the Subjects : For when the Prince oppresseth the People , and turneth a Nero and a Caligula ; there shall be no remedy , because they have given him absolute power to call Parliaments , and who can expect he will call a Parliament in that case ? or if he do call , he hath absolute power to raise them and dismisse them when he will ; and is it probable that he will suffer them to sit when they are doing any thing against him ? Or if he should suffer them to sit , what can they do ? None of their sentences or acts have power , unlesse he will add his authority , and will he ratify or approve any thing that is against himself , and his tyrannous will ? Beside , that they have denuded themselves of all power of suppressing tyranny , by declareing his power so absolute and infinite , as that no bounds can be set unto it , no power can suppresse his tyranny , or call him to an account . 5. Not only have they laid downe a course that we shall have no Parliament to interpose for the relief of the People , & to suppresse Tyranny ; But also they have laid downe a course that there should be no Magistrats in shires or brughs , that should help , according to their power and place , the oppressed and grieved Subject , and concurre for their relief : Because all such , ere they be admitted to their places , must conforme unto this abhominable course of defection , and by subscribeing declarations , Binding themselves by oaths impious and opposite to the solemne Covenants , under which the Land standeth bound and obliged before the Lord , conspire with them in this Apostasy , against the interest of God in the Land. From all which we think these things will clearly follow . 1. That it may be much doubted if this last convention can be accounted , by any law either of God or Man , a lawful Parliament , having so palpably betrayed their trust , in ruleing not for God and his interest , but against him , end enacting things to his dishonour ; in selling and giving away the old and undoubted Privileges of Parliament ; and in betraying , dilapidating , disponeing , and giving away the native and unquestionable Rights and Privileges of the People ; and in overturning the fundamental lawes of the Land ; and annulling the fundamental article of the compact betwixt King and People . Seing Politicians will grant , that such are to be accounted but private persones : though we should make no mention of other informalities which usually weaken or annul the constitution of a judicature of that nature , in poynt of formality ; as liberty denyed to some shires to choose such members as they thought good ; prelimitation used to all ; the admission of some as members not capable of an election , according to our ancient and received custome ; the denying of free liberty of debateing , reasoning , dissenting and protesting , which is allowed in all free Judicatories , and the carrying on of matters in a head-strong , violent , and tyrannical manner , without such previous deliberation , or serious consideration , and pondering the weight and moment of matters , as would have become a judicature by its constitution and nature so sage and honorable . 2. The native , ancient and undoubted Privileges of the People are de Iure intire and inviolated , notwithstanding of any thing done by this late meeting , which had no power to do what they did : And therefore could not wronge the rights and Privileges of the People . 3. That there is no hope , or humaine probability now left , that ever the People of Scotland shall have a Parliament by the course laid downe or inferiour Judges to resent the injuries , oppression and Tyranny done to and exercised upon them ; but that still their bands shall be made stronger , and the yoke of oppression and Tyranny wreathed closser about their neckes . So that there was not , neither is there any hope ( so long as this course of defection standeth and is not overturned ) that Parliaments now , or the Primores Regni , or inferiour Judges , shall concurre for the suppressing of Tyranny , bearing downe of oppression , defection and apostasy , according as they ought . 4. That while matters are so , the People of Scotland are as if they had no Parliaments , nor inferiour Judges , for that end ; and cannot be supposed or imagined to be in a worse condition , then if they never had had my such , to protect them from the tyrannical and arbitrary lust and domination of Princes . And therefore must be allowed to use the privilege and liberty which nature hath granted unto them , to defend themselves from unjust tyranny and oppression of Princes , Parliaments , and inferiour Judicatories , when their Representatives palpably betray them into the hands of their adversaries , yea and conspire with their adversaries against them , and their Privileges ; and instead of Patrons and defenders of their rights and privileges , turne enemies thereunto , and take courses utterly to destroy all . By this , I suppose , the first Objection is sufficiently answered , yet I shall adde this word more , and would desire that all who are of a contrary judgement would answere this quaeree . Whether or not vvould they think it unlavvful , for private persons vvithout a Parliament , privy Council , or other inferiour Magistrates , to resist a Prince , or his Emissaries , if he vvith the consent of these should transferre unto him self the proper and immediat right unto all the Lands , Rentes , Tenements , possessions , Heretages , and goods within the vvhole Land , vvith full povver to sell , dispone , and give avvay the same unto whom he pleased ; and presently upon the passing of that act , cause eject , dispossesse and remove all the present heretours and possessours , or put them to buy it of nevv of him , or take tackes thereof as taksmen , fermers or tennents ? If they think that in this case they might lawfully resist such horrid tyranny , Then why not in our case , when the People , contrary to all law , oathes and vowes , are put out of the possession of their Covenanted Religion , reformed in doctrine , worshipe , discipline & government , & that by meer violence and tyranny ? Sure such matters as touch Soul and consciences , ought to be as deare to People , as what concerneth their bodyes and estates . Or if we should put the case , That the King were about to sell the whole Land unto the Turk , or unto Irish bloody Papists , & by bribes or promises , should procure the consent of a Parliament , & the concurrence of Council and other judicatories ( as really upon the matter , walking according to the acts they have made , he may ) Might it be unlawfull for People in this case , without the concurrence of inferiour Magistrates , who had now sold them , and basely betrayed their trust , to stand to their owne defence , and to the defence of their posterity , and their lives , rights , liberties and privileges ? And if this cannot be asserted by any man , who hath not made a perfect surrender of his owne reason , unto the will and lust of another , why can resistence in our case be condemned : Seing soul matters are of infinite more worth , then these outward things ; And it were lesse bitter to know and see our posterity redacted into a state of perfect slavery unto forraigners , as to their outward privileges , them to see them shut up into a closse prison of soul slavery and bondage , destitute of the pure and lively ordinances of salvation , and frustrated of the glorious and excellent liberties and effects of a purely preached gospell , and so shut up in a dungeon of ignorance , superstition , and all Prophanity , that they should never know what true liberty meaneth ? As for the next objection taken from this , that they were not the Whole Body of the land , but only a part thereof , which cannot be so well justified . It may easily be answered . That it being lawful for a single persone , in some cases , to defend himself from unjust violence : It will be much more lawful for a considerable part of a Kingdome to defend themselves , though they get not help of others . Though all be bound to help a ravished maide , yet though none should help , she may resist and defend herself . But to leave this , because we have adduced many arguments that concludes the case lawful even for a part of the Kingdome , we shall speak to the complex case , not only as it was a defence but also a probable meane to put a stop unto the course of defection . Which was and is carryed on ; and to redeem the land from spiritual bondage and slavery , as well as bodily . And to this we say . That when the case is a publick case concerning all the land , no lesse then these who jeoparded their lives for the same , no man in reason can condemne these few that undertooke the interprise , the profitable effects of which would have redounded to the whole : When a city is on fire , no man will think the few that hazard their lives , to quench the same , are to be blamed , though the rest doe lye by , and will not concurre . The men of Ephraim , Benjamin and Issacher , who followed Deborah and jeoparded their lives upon the high places of the field , that they might deliver the whole land from under the Tyrranny of Iabes King of Canaan , though Reuben God and Zebulon did not concurre , according to their duty , were not the more to be blamed , but are the more praised and commended ; and such as came not put to the help of the Lord against the mighty were under a bitter curse . The common tye of Christianity and brotherhood and other supervenient obligations did oblige all the Land ( as was shewed above ) to concurre as one man , to endeavour the deliverance of he Land from dreadful oppression and tyranny , and because the greatest part , like Issacher in an other case , loved to couch under the burden , and refused to contribut their help for their owne delivery , and proved enemies , shall these few who ventured their lives and Estates , and all which they had , for the liberation of the land , be the more , upon that account , condemned ? What hight of absurdity were this ? Had the Men of Ephraim good reason to challenge Iephthah Iudg. 12 : ver . 1 , 2. &c. because he fought with the Midianites without them , when he sayes , that he had called them and they would not come out ? If an Enemy invade the land , and such provinces as are furthest from danger shall neglect or refuse to concure with the rest to expell them , yea shall strengthen the invadeing enemy , shall these be blamed who are next to the danger , to take the alarme at the first , and do what in them lyeth , for their owne saifty and the saifty of the whole land ? Therefore , seing the cause which these few owned was of common concernment , and equally respecting the whole land , since the rest would not concurre , as they were bound to do , they are more praise-worthy then blame-worthy that ventured all for the good of the whole land , and did what in them lay , to redeem the whole land from that oppression and bondage , under which it was lying . If it had been some small petty particulare of their owne , it had been more lyable to the censures of men ; but the cause being Common , which they did owne , ( a Covenant sworne by all ranks of People , and a Covenanted work of reformation , and liberty from tyranny both in Church and State , was a cause not peculiar unto them , but common to all the land , ) it is the hight of absurdity , illegality , yea and inhumanity , to accuse them of Treason of sedition , or to condemne their interprise upon that account . So that though the major part of the land turne so corrupt , as to imbrace a corrupt abjured course , see their privileges taken from them , the vvork of God overthrovvne , lavves ratifying and approving Religion reformed in doctrine vvorshipe discipline and government , and secureing people in their peacable and Christian possession of these , novv abolished rescinded and annulled ; their libertyes , as civil scotish men , and as Christians , sold avvay ; their fundamental compact , and the cardinall clause of that contract betvvixt King and Subject , cancelled and shamefully brocken ; Tyranny and oppression of consciences , bodyes and Estates established ; and no legal remedy or redresse apparent or probable ; and shall notwithstanding of all this , love to sit still & not to be stirr themselves , according to their places & power , for secureing Religion , lawes , & libertyes ; For extirpating abjured prelacy , and malignancy ; and restoreing the Ordinances of Christ to their wonted purity , & delivering the land from slavery & bondage , & from stupenduous apostasy & defection , at which the Heavens may stand astonished , and all men and angels may wonder : Shall their negligence and deficiency in duty , binde up the hands of the wel affected , and render them utterly incapable in law , to minde themselves and the good of the whole land , the good whereof they are obliged by many bonds and obligations to seek by all farie meanes possible ? Neither doth the lawes of Nature , the lawes of God , nor particularly the bond of Christian love to their Native land , to their Mother Church , and to their Christian oppressed brethren , nor the bond of their Covenants , solemne vowes and engadgments , so limite this duty , and loose them from all endeavour after a performance . But by the contrare , if God give any probable capacity , upon all these considerations , they are the more obliged to lay out themselves to the utmost , and to account themselves the more indispnesably obliged thereunto , that as the hazard is greater , the losse is the more certane and irrecoverable . Wherefore , seing the ground and ends of the riseing of these few , was not particular , but general and national , the good and benefite of the interprise redounding unto all , no lesse then to themselves , and being that whereunto all , no lesse then they , were obliged by solemne vowes and moral bonds , their case must be otherwise considered , then the case of a few malcontented persons , who because of some particular injuries done to themselves and for some particular ends proper and peculiar to themselves alone , arise in rebellion against the lawful Magistrate . The Royalists themselves allow it lawful for any privat person to kill an usurper or a Tyrant sine titulo , and why ? But because the good of this action doth redound not to himself alone . But to the whole Land ; So in some places a reward is promised to all such as shall kill a Bear , or any such noysome beast , because the good and frute of this action concerneth moe then themselves , and therefore though all were bound to do what they did ▪ yet they are not blamed but rewarded for what they have done . So should these rather have been revvarded then blamed or condemned , for vvhat they did interprise , for the universal and national good of the vvhole Land. As for the third Objection , so much hath been spoken of that already ; whether we mean the particular sufferings and oppressions of the People of Galloway , ( The Naphtaly is full to this purpose , ) or the general calamity , by reason of apostasy , defection , perjury & oppression in Religion and libertyes , which is so noture that none who hath not renunced common sense together with Religion & honesty , can deny it , or pretend ignorance thereof , that we need do no more here , but give a short reply to what the Surv. hath said to this matter : only we would adde this . That if That learned lawyer Althusius in his politikes Cap. 38. n. 5. &c. give the right characters of a Tyrant , and of Tyranny , we may have good ground to say that our land beareth many blae marks of that tyranny : for , sayeth he [ there is one kinde of Tyranny , which consisteth in violating , changeing or removing of fundamental lawes , specially such as concerne Religion : & such , sayes he , was Athalia , Philip the King of Spaine , who contrare to the fundamental Belgick lawes , did erect an administration of justice by force of armes ; and such was Charles the IX . of France that thought to overturne the Salicque law ] and whether our King be not in this guilty in overturning the fundamental lawes , concerning our reformed Religion , let the world judge . Next sayes he [ when he keepeth not his faith and promise , but despiseth his very oath made unto the people . ] and who is more guilty of this then King Charles the 2 ● n. 9. He giveth us this mark [ when the supreme Magistrate marketh use of an absolute power , and so breaketh all bands for the good of humane society ] and are not the bonds both of piety and justice novv violated ? n. 11. He tels us a Tyrant doth take away from one or moe member of the Commonwealth , free exercise of the orthodox Religion : and n. 12. that for corrupting of youth he erecteth stage-playes , whore houses , and other play-houses , and suffers the colleges , and other seminaries of learning to be corrupted , and n. 15. that living in luxury , whoredome , greed and idlenesse , he neglecteth , or is unfit for his office . ] How these sute our times we need not expresse , Then n. 16. He sayes [ he is a Tyrant who doth not desend his Subjects from injuries when he may ; but suffereth them to be oppressed ] and what if he oppresse them himself ? n. 19. [ who ( sayes he ) by immoder at exactions , and the like , exhausts the subjects Jer. 22 : ver . 13. 14. Ezech. 34. 1 King. 12 : 19. Psal . 14 : 4. ] and n. 10 [ who hindereth the free suffrages of Members of Parliament , so that they dare not speak what they would . ] & how much of this we finde to be true , in needlesse here to expresse . Then n. 23 , 24 , &c. he tels us [ he is a Tyrant who takes away from the people all power , to resist his tyranny , as armes , strengthes , and chief men , whom therefore though innocent , he hateth , afficteth and persecuteth , exhausts their gods , and lively-hoods without right or reason ] all which he confirmeth by several Scriptures : And how apposite these are to our present case , all know who is not an utter stranger to our matters , So that when we have so many things to alledge , none can justly blame us for saying , that vve are oppressed and borne dovvne vvith insupportable tyranny ; and now we goe on to consider what he sayes . And as to the first he tells us , Pag. 68. [ That their life and blood was not sought upon any tearmes , there was no forceing them to idolatry , nor false worshipe , nor frighting them to any thing of that kinde , upon paine of their lives ; only for contempt of the outward ordinances of God , purely administred in an orthodox Church , they were put to pay such moderate fines , as the publick lawes had appoynted : Without any actual invasion of them or their persones . They were the first aggressors , murthering the Kings Servants , and seiseing on his chief officer . They had never before that assayed supplicating , ( which was not forbidden them to do , if so be they would have done it without tumults and combinations ) but flew to the sword and marched on to mock authority with armed petitions , as they mocked God by sinful prayers , to prosper their evil course . ] Answ . 1. What intention there was to seek the life and blood of these People , God koweth : But sure all who knew their case , saw that their life was only left them , that they might feel their misery . So were they oppressed and harassed , that death would have been chosen rather then life . Were they not beaten , wounded , and bound as beasts , their goods and substance devoured before their eyes ? were not their lands and tenements laid waste , and many redacted to beggary ? Besides other inhumane barbarityes , which they were made to suffer . 2. We see he would allow it lawful to resist , if the King should force to idolatry and false worship , and what will he do then with his arguments , which will not allow that exception , as they are urged by him ? He must necessarily grant that they are inconcludent , & that it holdeth here Argumentum nih●l probat quod nimium probat . 3. How beit they were not forced to idolatry ; yet by the same law , reason and equity ( or rather Tyranny and inquity ) they might have been forced to that , as to what they were forced . That is by the law of Tyranny and violent oppression . They were pressed to owne and countenance perjured prophane wicked and debauched Curates , thrust in upon them contrare to their Privileges , as lawful and duely called Ministers , and thereby to owne and approve of Prelacy which was abjured , and cast out of the Church with detestation , and so to concurre in their places and stations with , and give their testimony unto , a most wicked and unparallelable course of defection and Apostacy from God , and his holy wayes and works ; and thereby to condemne the Reformation of Religion in doctrine , Worshipe , Discipline and Government , which God had vvonderfully vvrought amongst us , and vvhich all ranks of People vvere solemnely svvorne to maintaine and defend . 4. He talketh of the outvvard ordinances of God purely administred ; vvhen all knovv how these profane vvretches , made all vvho , ever knevv vvhat the service of the true and living God vvas , to abhore the offering of the Lord : For they despised the Name of the Lord , and offered polluted bread upon his altar , and made the table of the Lord contemptible , they offered the blinde , the lame , and the sick , and torne , and thus they vovved & sacrificed unto the Lord a corrupt thing : Yea their administration of ordinances vvas , and is to this day , rather like histrionick acts , and scenes , then the service of the true and living God : And vvhat sober serious Christian , yea vvhat soul that hath any beleeving apprehensions of the Majesty of God , can be vvitnesse , let be a concurring actor in , and consenter unto , such abhomination and idol-like Worshipe ? 5. He talkes of an orthodox Church , vvherein perjury and such like abhominations are approved and countenanced , maintained and avovved ; and vvherein the vvork of Reformation of Religion , in Doctrine , Worshipe , Discipline and Government is condemned ; a Covenant abjureing Popery , Prelacy , Prophanesse , Schisme and Heresy , and whatsoever is contrary to sound doctrine , and the power of godlinesse , condemned and annulled ; and wherein Atheisme , wickednesse , ignorance , licentiousnesse , and all sort of prophanity , yea and blasphemy aboundeth , and wherein there is so much Popery and idolatry countenanced and connived at , and such abhominations reigneing . Our first confession of faith recorded in Parliament Cap. 18. giveth this as one note of a true Church viz. That in it Ecclesiasticall Discipline be uprightly ministred , as God's Word prescribeth , whereby vice is repressed & vertue nourished ! But now there is a discipline repugnant to Gods Word administred , whereby vice is nourished & virtue suppressed . 6. He sayes that the fines were moderate ? But more immoderate fines , and exorbitant penaltyes , vvere never imposed by Rulers , except such whose designe was to Tyrannize over the soules and consciences of poor people : and to the payment of these transcendently exorbitant penaltyes , they were constrained , not in a legal manner , as it ought to be in a civil and free republick , but in a military , compulsive constraineing way , whereby their persones and goods were tyrannically and inhumanely invaded , plundered , destroyed , and ruined . 7. It is true , providence so ordered it , that the first that was vvounded was one of the souldiers : But Naphtali tels him that the countrey men were necessitated thereto in their ovvne defence ; for vvhen they but desired the souldiers to loose the poor man , vvhom they had bound hand and foot like a beast , they vvere assaulted vvith drawne swords ; and so first and last they vvere invaded , and provocked , & were not the first aggressours : & beside , that was but a meer accidental emergent : & though they had formally , without that occurrent provocation , joyned together to have repelled unjust violence , none in reason could have called them the first aggressours , being so long before that time , at two inrodes , beside this last , so barbarously and inhumanely used by Sr Iames Turner that bloody executioner of illegal tyranny , and brutish beastly Doeëg , who having renunced all humanity & compassion , raged like a wilde beare to the laying waste of that countrey side . So that here was no violent re-offending used without a previous actual invasion , made by companyes of armed men , sent to eat up , root out and destroy a worthy and precious countrey-side An imminent danger sayes the law , is a sufficient ground to take up armes , and that is not previous strokes but the terrour of armour or threatning L. sed & si . ff . ad Leg. Aquil. l. 3. quod qui armati ff . de vi & vi armâta . Sure here was enough to warrand a Community to stand to their defence , and to prevente their utter ruine and destruction , which was certanely expected , and this was to them the last and most inexorable case of necessity : And so the places which he citeth out of Lex Rex do partly confirme this , and partly are not to the purpose , being spoken of a single person buffeting his master after he hath been buffeted , or having received deaths wounds , seeketh to revenge himself on his aggressor . 8. He tels us they should have first supplicated these in power : But they had supplicated already Sr Iames Turner , and their case was made worse and not the better thereby , and all joynt petitioning was condemned as treasonable , and what could they then have done ? The most peacable manner of supplicating , if it had been in a joynt manner , that could have been devised , had been interpreted tumultuous . And Since it was so , what could they do , but after the example of our progenitors , advance with armes in the one hand and a petition in the other ? 9. The Prophane man talks of their mocking God by their prayers , and of their spoyling loyal persons : but as they have the testimony of all among whom they were , that they were not to be charged with plundering , taking nothing unlesse it were a few horses , and such things as were necessary for the defence of their lives , and for the welfare of the Countrey , wherein many do suppose they were but too too spareing , seing the benefite was common to all , and they were to venture their lives , not for themselves alone , but for the whole Countrey : So the Lord gave proof that he hath accepted their endeavours , though it was not his appoynted time to restore our Kingdome , in that he did so signally ovvne and countenance such as vvere honoured vvith martyrdome , for the Testimony of Iesus , and for his interest and cause . But this man speakes like himself vvhen he addeth that both they and others have cause to blesse God that they had no successe , which might have been a snare and stumbling block to them and others also . For vve knovv indeed that it is no small mercy , not to thrive in an evil vvay , and therefore vve think that He and his vvicked fraternity , on whom the Lord is raineing snares , by suffereing them to thrive , have great cause to lament the blak day that is coming , and to tremble both for the imminent judgments , and for the dreadful plague and judgement of hardnesse of heart , vvith vvhich they are already visited of the righteous God ; Yet vve knovv That a vvay may be his vvay , vvhich he vvill not prosper for a time , till the cup of the Amorites be full , and he hath attained his other holy ends , vvhich he designeth in casting his Church into a furnance : And if he judge of causes alvvayes by the event , he shevveth himself a stranger to the Soveraigne vvay of the Lord , in all ages . As to other thing , he speaketh Pag. 10. and sayeth ( doth not the true protestant Religion as it is held forth inscripture , and was publickly confessed by our first reformers ( which confession is Registred Parl. 1. K. James 6. ) through God's mercy continue with us , without variation from it in the least ? Doth not the Kings majesty protect and advance this blessed Truth of the Saving Gospel , and encourage and invite all , according to his power , to imbrace it ? Is he not willing and desirous that the lawes be vigorously executed against papists , and all perverters of this sound doctrine ? are any spoiled of their lawful civil libertyes ? What one thing hath he done without consent of the Peoples Representatives in Parliament , at which any may except as a grievance ? what burden hath he laid upon their Estates , but by law or by their owne consent , in a necessary exigence ? Answ . 1. If the protestant Religion continue without variation , in the least , vvhat meaneth then the bleating of the sheep and lowing of the oxen ; in every ones eares ? what meaneth the many Jesuites , and Seminary Priests that goe up and downe the land ? what meaneth the many masses that are used in several parts of that land , and in the very heart thereof , in and about Edinbrough ? What church discipline is used against these ? belike the Prelates have no will to trouble their old brethren , the native and faithful children of their catholick Mother , the whore of Rome , because they minde , yet once againe , to take a drink of the cup of her fornications , and to returne as prodigal Children unto their former dear Mother , the bloody harlote , the mother of fornications . And hovv cometh it that one Mr. Tyry , formerly a knovvn papist , is admitted to a prefessorshipe in St. Andrewes , vvho not only cannot be reconciled to that minister who motioned the giving to him , that Head to handle de anticbristo Romano , but even in his theses did assert that the Pope was not Antichrist . But what is become of the Religion of the Church of Scotland , as it was reformed in doctorine , worshipe , discipline and government ? What is become of these Covenants vvhich were our strong bulvvarks against propery ? and vvhat is become of the many acts of Parliament ratifying and approving these Covenants ? Are not all these cast avvay ? are not vve cast open unto the assaults of that bloody Beast ? what meaneth the great increase of the number of papists , so that the very Parliament it self , in their statute 8. sess . I. ( a mok-act never put into execution ) sayd that the number of Iesuites , Priests , and Papists did now abound more , then ever they did under the Government of his father and grand father ? What meaneth the rescinding and anulling the first act of the 12. parl of K. Iames 6. holden Anno 1592. in all the heads clauses and articles thereof , in their act . 1 sess . 2. whereas that act did not also ratify and approve presbyterial government ; but did also ratify and approve all privileges , libertyes , immunityes , and freedoms , granted by his hieghnesse his Regents , in his name , or any of his predecessours , to the true and holy Kirk established within the Realme , and declared in the first act of Parliament Anno 1597. and all and whatsomeever acts of Parliament and statutes , made before by his Highnesse and his Regents , anent the liberty , and freedome of the said Kirk ; and particularly the first act of parl Anno 1581. and all other particular acts there mentioned : and this act Anno 1581. ratifieth all preceeding acts , particularly that made in the reigne of Queen Mary , Anno 1567. anent abrogating all lawes , acts and constitutiones , canons civil and municipal , with other constitutions contrare to the Religion then professed , and all posteriour acts namely such as abolished the Pope and his uspurped authority ; that anulled the acts made against God's word and for maintainance of Idolatry , the act ratifying the confession of faith of the protestants of Scotland ; the act abolishing the Masse , and for punishing hearers and sayers of the same : acts made , anent the admission of them that shall be presented to benefices having cure of ministry ; anent the King's oath to be given at his coronation ; anent such as should beare publick office hereafter ; anent teachers of schools ; anent the jurisdiction of the Kirk ; anent the true and holy kirk ; anent the ratification of the liberty of the true Kirk of God and Religion ; anent such as are declared not to be of the true Church : And also the said act Anno 1592. ratifieth all other acts made in favours of the Kirk , since the yeer 1581. So that by this late Act made Anno 1662. all the acts made in favours of the Church and of the protestant Religion , are annulled and rescinded ; for there is no exception added , but the said act in all its heads , clauses and articles , is declared null and voide . Where is then our legall security for our protestant Religion , and Libertyes of the Church ? Sure these things presage no good to the protestant Religion . But 2. What way the King doth advance this blessed truth of the saving gospel ( if he meane hereby the protestant Religion ) we are to learne : For his publishing in print that the Papists have been faithful subjects to him and his father , whilest others , under pretence of Religion , had involved the Kingdomes in blood ; and by these Papists meaning with others the irish rebells , who , for promoving the Romish bloody designe , executed that bloody Massacre in Irland : the report whereof made all protestants to tremble and to stand astonished , giveth us but small hopes , that so long as he is of that minde , he shall ever do any thing effectually for promoving or maintaineing the Protestant interest : His advanceing of Papists to greatest places of publick power and trust England , in Parliament , Council , Court , Counteyes , and the Army , speakes rather an encourageing and inviteing of persons to turn Roman Catholicks : His provideing a house for Fathers and friers speaks out no good intention and designe . Let the Surveyer read what is said to this purpose in the Preface to Naphtaly . 3. He tells us that the King is willing and desirous , that the lawes be put in execution against Papists and perverters of sound doctrine ; But how cometh it then , that there are no sayers of Messe and seminary Priests sentenced , according to the law ? Did ever the King write to the Council for suppressing of Popery . as effectually as he hath done for suppressing of conventicles ? Or did he ever chide the Council , or depose any member thereof , or any other inferiour Magistrate , upon the account of their negligence in this ? But be it whose fault it will , sure we are there is more care taken to search out conventicles , then the meetings of Papists or Quakers : Is the Towne of Edinburgh under such a bond to suppresse meetings for Masse , and others of the like nature ; as they are for suppressing of honest Protestants , meeting for the Worshipe of God according to the purely reformed Religion ? Did ever any Arch-Prelate procure an order from his Majesty to stirr up the leazye council to diligence in this matter ? Wherein I pray doth either the Kings willingnesse , or the vvillingnesse of the Council , or of other Inferiour Magistrates to have the lawes against Priests vigorously put into execution , appear ? And where are we then , when all Magistrates from the highest to the lowest connive at , if not encourage countenance and approve of Papists , and Popish idolatry ; and the true Worshipers of God are hunted out , cast into prisones , banished into America and Tangyr , and made to suffer such inhumane Barbarities , and all to pleasure the perjured Prelates , who are more afrayed of a few honest seekers of God , then if legions of Papists were swarming in the Land , knowing how soon , they would be willing to imbrace these serpents in their bosome , and joyne with them to root out the Protestant interest ; whileas they hate the truly godly with a perfect hatred , as being of principles irreconcileable with theirs , and having ends before their eyes diametrically opposite to what these intend ? Yea , where are we , when almost all the Rules proposed by Adam Contzens the Jesuite , for introduceing of Popery , in his Polit. Lib. 2. Cap. 18. are so exactly followed : as when he adviseth that . 1. They proceed as musitians do in tuneing their instruments , gradually , and piece by piece . 2. That they presse the Examples of some eminent Men as a meane to draw the rest . 3. That Arch-heretikes ( that is most Zealous Protestants ) be banished all at once , or if that cannot be done saifly , by degrees . 4. That such be put from their dignities , and all place & power of trust . 5. That Protestant Religion be made odious , by loading such of their opinions , as are most obvious to a harsh construction . 5. That they foment the quarrels that are among Protestant , and strengthen that party that is most ready to comply with Rome . 7. That they discharge and hinder all private conventicles of Protestants . 8. That severe Lawes be made , and rigorously executed ( though not against all , yet ) against the most dangerous . Who seeth not , what a conformity there hath been and yet is , betwixt the practices of this Apostate , Popish , Prelatical and Malignant faction , which hath now destroyed the work of God , and those Rules mentioned ? And what lyeth latent under board the Lord knoweth . 4. He asketh the question if any of the People of the Land be spoiled of their lawful civil libertyes ? As if a man should enquire if the Sun were risen at twelve houres of the day . Our Religion reformed in doctrine , Worshipe , Discipline and Government , which was one of our maine civil & most lawful libertyes , is taken from us . The liberty of supplicating , which the Law of God , the Law of Nature , and the Law of Nations allow , it taken from us . The liberty of free election of Members of Parliament , was taken away . Liberty of protesting in Parliament was taken away . The Kings prerogative is screwed up to such a hieght , that it overturnes the true native libertyes of the Subjects Many honest Subjects are cast into prisone , no transgression being once alledged far lesse proved against them . The due exercise of their Religion as was covenanted , is taken away , Lawes are not executed in a civil manner , as they ought to be among free Subjects . Iudicatories are set up and erected without the consent of the People , or their Representatives . Libertyes and Privileges of brughes and such incorporations are taken away , unlesse they will renounce and abjure a lawful , religious , and necessary Covenant . The free exercise of justice especially against Nobles , is stopped . The Lieges are not ruled by the Lawes of the Land , but by the arbitrary will and lust of few Prelates and the privy Council . Will he ask now if our libertyes be taken from us ? or will he call these unlawful ? 5. He asketh in the next place , what one thing the King hath done , without consent of the Peoples Representatives in Parliament , at vvhich any may except as a grievance . It seemeth he is either of a very short Memory , or he thinks the High commission-court a very small inconsiderable businesse ; for the consent of Parliament vvas never had unto this inquisition-court , neither of old , nor of late : And yet this was such an heavy yoke of bondage , that made all the land to groan , and against which , as a most intolerable grievance , all the corners of the countrey could give in their exceptions . And as for this late Representative ( so called , ) they have enacted many things contrare to their power and turst , as vve have shewed : No power under heaven could enact what they have enacted : No power under heaven could anul , condemne , and rescinde lawful Covenants made with the most high God : They were not in tuto to rescinde and anull unalterable lawes , more firme and fixed , then any Lawes of the Medes and Persians ; For lawes confirmed with oathes , and solemne vowes to God , are not ambulatory , as other politick lawes . And therefore all the lawes being good and necessary in their owne nature , by the supervenient addition of an oath confirming and ratifying the same , became absolutely unalterable by any Man or company of Men whatsoever . So that all the lawes made by King and Parliament to the prejudice of the Covenanted work of reformation , are intolerable grievances , dishonourable to God , and prejudicial to the welfare of the Subject ; and to which , neither People , nor their Representatives real of supposed , could ever lawfully consent . 6. He asketh what burden he hath laid upon their Estates , but by Law ? But this is a vaine florish , seing all that know what that Parliament was , know how prone and ready it was , to devote ( if it could ) unto the lust of the King , the Souls , Consciences , Estates , and all which the Subjects had , little regairding either the true liberty or reall advantage of the People . CAP. XVII . The Objections of others examined . WE have now examined all which this Surveyer hath said against us , in the poynt of resistence ; yet that we may satisfy ( if possible ) all persons and partyes touching the lawfulnesse of this act , of private persons defending themselves and their Religion from manifest Tyranny and oppression , we shall remove likewise such other objections , as some others are pleased to make use of ; and which our Surveyer hath possibly forgotten to adduce . 1. Obj. Subjects are obliged to performe all dutyes of obedience and fidelity unto their Magistrates , and albeit the Magistrates turne a manifest Tyrant , every one cannot loose that obligation at his owne hand . Hoen . Disp . Pol. 9. Thes . 55. Ans . 1. Subjects , as we have seen , are but conditionally obliged to performe these dutyes unto the Magistrate , and not absolutely , whether he play the Tyrant or not , by Hoenonius his owne confession . 2. Though each particular person can not loose the obligation when he will ; yet when a Tyrant hath , by his acts of tyranny , loosed the obligation , upon his part , a body of a People or a considerable part thereof , may defend themselves against his tyranny , as if there were no obligation betwixt him and them . 3. Though the obligation stand uncancelled , and not abrogated , resistence may be granted ; for a Sone may resist his Father , and a Wife her Husband , though the obligation continue firme and not dissolved . Obj. 2. By this meanes a window should be opened to all seditions , conspiracyes and rebellions , Hoen . ubi supra Ans . Incommodum non tollit argumentum . The abuse of a liberty doth not destroy the liberty . 2. By this argument absolute and unlimited obedience might be pressed , lest if private persones might refuse obedience , a door for all sedition and disobedience should be opened . 3. By the contrare assertion , a door shal be opened to all Tyranny and oppression , which should tend not only to disquyeting of the peace , but to the ruine and destruction of the Common-wealth . Obj. 3. Subjects are to pray for their Magistrates , Hoen . ibid. Answ . True , but the consequence is naught . Therefore I may not resist them , when they tyrannize and oppresse unjustly , it doth not follow . I must pray for my equalls and inferiours , and open enemies , whose unjust violence , I may notwithstanding resist . Obj. 4. A son may not do violence to his Father though never so unworthy ; for no impiety can be punished by paricide : Far lesse may violence be done to the Prince , who is the Father of the Countrey , Hoen . ib. Answ . 1. This simile helteth as we have shewed . 2. If the Father abuse his power , the law will deprive him of it , L. 6. Lenones , L. 7. C. de Inf. expos . L. 2. C. de Parent . qui Fil. distrax . L. 2. de his qui sunt sui vel alieni Iuris § . sed Domin . Iust. D. Titul . L. ult . si quis a Parente manumissus . 3. The simile is for us who plead only for resistence , as we shewed , not for killing and destroying Tyrants . 4. If the Sone be a Judge and the Father a malefactor , the Son must execute judgement on the Father . Obj. 5. Destroying of the head , though it be sickly and tender , tends to the destruction of the whole body , Hoenon . ibid. Answ . There is no such connexion betwixt King and Subjects , as betwixt Head and Members of our natural bodyes . A Tyrant may be , and often hath been , destroyed , and the body of the Republick hath remained intire and in better condition then formerly . 2. Opposition may be so made to the Head , that it destroyed not the noble parts , with defluxions sent downe thence ; and it must , to prevent the destruction of the body , be purged : so may a Tyrant be resisted for the saifty of the Commonwealth . Obj. 6. It is better to have a sick head , then no head . id . ibid. Ans . Datur tertium , there is a third , a sound wholesome head . 2. A commonwealth needs not want a head long . Obj. 7. There is greater hazard in casting out a Tyrant , then in suffering tyranny , idem ibid. Ans . 1. resistence may be without destroying or casting out of a Tyrant . 2. That hazard speaks not to the lawfulnesse or unlawfulnesse of the thing , but only to the expediency or inexpediency of it ; which is a different question : An interprize may be hazardous and yet lawful . 3. It will not alwayes be found to be such a hazardous thing , even to cast away Tyrants ; as to suffer them to tyrannize . Obj. 8. A Tyrant can never be destroyed , without the ruine of these who have destroyed him , for some of his posterity will avenge the quarrel , id . ibid. Ans . 1. We have many instances to the contrary in the Book of God : See the Books of the Judges and Kings : who of Joram's posterity avenged his death , on Jehu or his posterity ? 2. A Tyrant may be resisted lawfully notwithstanding of such difficultyes . Obj. 9. God punished the wicked Kings of the Jewes not by the Jewes , but by strangers , id . ibid. Answ . This is contrare to many examples in Scripture . Jehu was not stranger . 2. We speak not of punishing wicked Kings , but of resisting their unjust violence . Obj. 10. David spared Saul , 1 Sam. 24 , and 26. Whom he might lawfully have killed , as some think , because he had given David's Wife to another , had banished him and his Parents out of the countrey , and had killed the Priests , id , ibid. Answ . If David was a publick Judge , and might lawfully have killed Soul for his injustice , murther , and oppression , and did it not . I see not how he can be justified : But to me it is a question if David was any other then a private person , so long as Saul lived : and his resisting of Saul , and defending himself with armed men against his fury , doth abundantly confirme what we say . Object . 11. Ieremiah doth not arme the jewes against Nebuchadnezar with a sword , but with prayers for him Id. Ibid. Answer . 1. We have not Ieremiahs now to reveal God's minde to us extraordinarily . 2. If this were a standing precedent , The Supreame Magistrate might not defend himself and his subjects , against a forraigne Enemy , comeing to destroy and conquere the land : for Ieremiah commanded the King to submit to Nebuchadnezar Object . 12. Christ commandeth tribute and not poyson to be given to Princes . Id. Ibid. Answ . We plead not for Poysoning of Princes , but for resisting their unjust violence , against which Christ doth not speak : but rather he ought to have remembered these words Let him that hath no sword sell his coat and buy one . Obj. 13. Paul Act. 23 : ver . 5. Will not have an evil Prince so much as cursed Id. Ibid. Answ . Then no Magistrate , no not an inferiour should be resisted : for such may not be cursed , doing their duty . 2. We may not curse nor revile any of out equalls or inferiours Mat. 5 : v. 44. Rom. 12 : v. 14. Livit. 19 : ver . 14. and 20 : v. 9. 1 Cor. 6 : ver . 10. and yet such useing violence against us may be resisted ; we may not curse the rich Eccles . 10 : 20. and yet they may be resisted , when violently and injuriously they assault us . Obj. 14. War is not lawfully undertaken without the warrand of the Superiour : But Subjects have no superiority of authority over the Magistrate . Gerhard de Magist . Pol. § . 483. Answ . 1. A war defensive may be undertaken without the expresse warrand of the Superiour . 2. Defence may be used by such as are inferiour to the aggressors , as by a Wife , a son , a Servant , as is shewed ; yea the injurer is ever eatenus inferiour to the injured , in Law. Obj. 5. Christ sayd Mat. 26 : ver . 52. that such as took the sword should perish by the sword . Id. Ibid. Answ . That is true of such as useth the sword , further then God hath allowed , or contrare to his expresse revealed will , but not of such as have a lawful call thereto by the Law of Nature , and use it in their sinlesse defence , when there is no countermand of God. Which place we have abundantly vindicat already , where we shewed that his commanding them to sell their coat to buy swords sufficiently warrandeth this self defence : And though some do take that speach to be allegorick , yet the whole context cleareth that it is meaned of swords of steel ; for they said , Here are two swords , and he said it is enough . Sure these were swords of outward mettal , as the event proved : And to answere Mat. 26 : ver . 52. with Luk. 22 : ver . 39. is not to set Scriptures by the eares , but a solid way of answering an argument brought from abused Scripture , as Christ's practice teacheth us , answering the devil's argument taken from Psal , 91. 11. by produceing another passage Deut. 6. 16. see Mat. 4 : 6 , 7. Obj. 16. The example of the saints in the Old and New Testament is against it ; neither the Prophets nor Apostles gave this Command , but rather prescribed unto them patience , and prayers . That Citizen of Nieomedia , was condemned of all , who tore in pieces the Emperour's edict against the Christians , Id. Ibid. Answ . 1. We have seen instances both in the time of the Old Testament , and in the dayes of the New Testament , making for us . 2. We finde not the Prophets nor Apostles forbidding this . 3. Their pressing to patience and prayers is not repugnant to this innocent res istence : we may pray against forraigne invaders , yet may we resist them . 4. Tearing of the Emperour's edict is no act of self defence . Obj. 17. This would close up the way of persones acquireing the crowne of Martyrdome , Id. Ibid. Answ . If upon this account private persons might not resist Magistrates , neither might inferiour Magistrates resist the supreame , which yet he will not condemne . Yea. 2. If this ground hold , the Supream Magistrate might not resist an army comeing to destroy him and all his Kingdome , for Religion , but He and all were bound to hold up their throats that they might receive the Crowne of Martyrdome . 3. It is good to waite for this Crowne in God's way , and not to run to the stake without a cleare call : and if People may fairly and with a cleare conscience , deliver themselves , it is a question if they be called to suffer . Obj. 18. Some adduce that place Eccles . 8. ver . 2 , 3 , 4. I counsel thee to keep the Kings command and that in regaird of the oath of God — he doth whatsoever pleaseth him , where the word of ● King is there is power , and who may say unto him what dost thou ? Ans . I. Will it hence follow that we must obey all the Kings unjust , unlawful and iniquous commands ? No true Christian can say so . Neither will it hence follow , that in no case he may be resisted . 2. Kings way not de jure do what they please , but they have power to execute the Law in way of justice , which is the thing that they as Kings should and do please : And therefore , we should not stand in an evil matter . 3. Notwithstanding of this , Princes have been rebuked , 2 Sam. 12 : ver . 7. and resisted 2 Chron. 27 : ver . 17 , 18 , 19 , 20. and so the meaning is , no man must question his just actions warranted by his lawfull authority . Or , it is but folly for a man to strive with such an one , as is able to execute his cruelty and to do what he will : see the English notes on the place , and Mr. Iackson's : but as this doth not justify Kings in their oppressing ; so neither doth it condemne a resisting of their tyranny , more then the resisting of the oppressing violence of some mighty robber , who hath power to do what mischief he will , whom yet lawfully we may resist if we be able . Obj. 19. The author of an appeal to conscience adduceth that place Psal . 105 : ver . 15. Touch not mine anoyneted . Answ . Hence it clearly followeth that Kings and Princes should not enjure the Saints and Servants of God ; for this was meaned of Abraham , Isaac , and Iacob , and of their Wives and Families , who were sojourning as strangers from Nation to Nation , as the context cleareth , and the words following and do my Prophets no harme . And so relateth to vvhat vve heare Gen. 12 : v. 10 , to 20. & 20 : 1. &c. & 26 : 1. &c. & is not meaned of Kings and Princes as such . So that this anoynting is such as is common to Priests and Prophets , & to all the saints vvho are spiritually anoynted , and so become Kings & Priests unto God 1. Pet. 2 : 5. Rev. 1 : 6. and 5 : 10. Obj. 20. D. Ferne , Resolvig of conscience vvould prove from 1 Sam. 8 : ver . 18. that subjects may do nothing against Tyrants , but cry to the Lord. So Grotius . Answ . Subordinata non pugnant . We may both cry to the Lord and resist , as Iudg. 10. Exod. 14. 2 Chron. 32 : v. 20. 2 King. 19. 2 Chron 14 : v. 9. &c. and 13 : 14 , 15 , * 16. 2. The text saith not , they should have no other remedy left them but crying ; or that it should be lavvsul for them to do no other thing . We finde that they resisted this King , vvhen he vvas about to kill innocent Ionathan . 3. The vvords at most but import a prohibition of attempting to have the government changed from King to judges 4 Suppose it vvere so ; yet , it importing only a punishment unto them for their importunat and headstrong affecting of a King , vvill not in reason reach other Nations not guilty of this crime . Yea 5. This praediction could not bind up their owne hands from a defence ; but at most import , That all their resistence or defence should be in vaine , through God's not hearing or helping them in resisting . Obj. 21. The author of an appeal to thy conscience proposeth this argument . That evil Kings and Tyrants are afflictions and punishments inflicted on us by God. Therefore we should submit patiently , and not resist . Answ . The consequence is nought , for so are forraigne enemies , the riseing up of inferiours against us , sicknesse and paines on our bodyes , and the like , and yet these may very lawfully be resisted . Obj. 22. Equals have no power over equals , much lesse have inferiours over Magistrates Alber. Gentil . in . dispp . regalib . Answ . Superiority , is not requisite to lawful defence , as is said : 2. A Tyrant as such is no Magistrate , but a privat person . Obj. 23. No punishment for Tyrants but vexation of conscience id . ib. Answ . All evil doers may expect that punishment as well as Tyrants , and yet they may be resisted , yea and punished with civil punishments . Obj. 24. The removing of a Tyrant occasioneth civil warres , which makes the remedy worse then the disease id . ib. Answ . 1. We speak not of removing Tyrants ; but of resisting them . 2. This is the way to prevent ruine and destruction to the Commonwealth , even to resist Tyranny . 3. A civil war may be more advantagious , for Religion and the libertyes of the subjects , and so preferable to a brutish submission to illegal tyranny : And every kinde of evil is not to be endured for avoyding a worse in probability ? 4. Desperat diseases must have desperat cures ; and it is better to hazard some thing in a warr , then lose all : We know not what the event may be , we are bound to defend Religion , and the libertyes of the countrey , and commit the event to God. 5. It hath been found that the putting away of a Tyrant , hath proved very advantagious to the Countrey , and to Religion : and hereby all their losse by warr was more than abundantly repayed : yea and sometimes this hath been obtained without much shedding of blood . CAP. XVIII . How weakly & foolishly The Surveyer maintaineth the Union of his Majestie 's Dominions , is cleared . HAving thus discussed all which the Surveyer hath in his railing pamphlet said , against this truth which we have maintained ; and having ( sufficiently as we suppose ) vindicated the Peoples right to defend themselves , and their Covenanted Religion , from manifest and intolerable violence and oppression , we might without the least injury imaginable to our cause , wave the examination of what he Principally aimeth at Cap. 1. & 3. & 4. as being extrinsick to the present question , and because we are not necessitated to maintaine these opinions which he setteth himself against in those chapters , our question being distinct from those , and easily maintained without touching upon those rockes . But yet because this windy man would faine make his Majesty beleeve that he had not gotten his reward for nothing , but that he had done some notable piece of service vvorthy of it ; And had discovered some rare secret , the discovery of which , is of no small advantage , but of great use both for the preservation of the union of his Majestie 's dominions , and for the saveing of his life from the stroke of adversaryes ; vve shall manifest hovv little ground he hath to father any of these assertions on Naphtali , and then discover hovv vveakly and foolishly he maintaineth his Majestie 's cause , in both these ; that al the world may see , that he hath come short of performing that service to his Maj. which he here undertaketh ; & that he hath been so far from laying the devil after he had raised him , that he hath done his Maj. no small piece of disservice in starting questions so dangerous to his Majesty's Kingdomes and life , when he had no ground given him ; and after he had moved the question , left it worse then he found it ; and so did little lesse then invite such as pleased , to doe what he alledgeth Naphtaly and his complices had a minde to do . The first question which he speakes to Chap. 1. Is touching the dissolving of humane societies , which in some cases politicians will yeeld to see Althus . pol. c. 38. n. 76. And the thing he driveth at , is to fasten on the honest party a resolution and designe , to dissipate and dissolve the immemorially setled frame ( as he loveth to speak Pag. 9. ) of that Nation and Kingdome , which through divine providence hath in many generations subsisted under our lawful Soveraignes , for the common benefite of subjects at home , and to the honour and renown of the Nation abroad ; yea and to the glory of divine providence , which hath through many stormes in several ages ; preserved us in this comfortable constitution . And this he deviseth of his owne wicked heart , of purpose to make these cordiall lovers of Religion and of their Countrey , hateful to all the world , if he could ; and therefore he would represente them as men of strange principles , & purposes . But wo to such as make lyes their refuge ! This man thinketh to make the King glade with his lyes , but we know that the mouth of such as speak lyes shall be stopped . But sure one would think that he behoved to have some clear ground to walk upon in asserting this of us , and especially when he is at the paines to spend a whole chapter , to confute it . And yet vvhen he hath rambled up and downe that book of Naphtali , to seek out a ground for this assertion , he can not adduce any one sentence , that even with half an eye doth look there away , except one , which yet hath no such designe or import . The sentence is this Pag. 150. [ That through the Manifest and notorious perversion of the great ends of Society , and government , the bond thereof being dissolved , the persons one or moe thus liberated therefrom , do relapse into their primeve liberty and privilege , and accordingly as the similitude of their case , and exigence of their cause doth require , may upon the very same principles againe joyne and associate for their better defence and preservation , as they did at first enter into Societyes . ] For clearing of which these things would be observed . 1. That the author there is only adding a few observations , to cleare the innocency of these noble witnesses , who died owneing the interest and cause of Christ , and to shevv hovv free they were of the crime of rebellion , with which they were charged . Now all know that as these worthies , had no designe , of erecting themselves into a distinct common-wealth , nor to make such a civil politick separation from the rest of the land ; so the way which they took , did directly tend to have the whole land united unto God , and among themselves , as one for God and to God , in the bond of the solemne league and covenant . Had they designed such a separation , they behoved also to have chosen more apposite & fit meanes , then these were which they did use , as any of halfe a judgment may perceive . 2. That as the maine and only designe of these worthies , was to defend themselves and their Covenanted Religion , from manifest oppression and tyranny , and to have the land recovered from that wofull course of backsliding and departing from the Lord , whereof it was guilty , and wherein it had lyen for many dayes : So , This author is only clearing their innocency , as to that : and therefore in the first observation Pag. 147. He cleareth the native ground of self preservation : and in the 2. How the perverting of the ends of government doth not destroy this native right , but that then people are as free to defend themselves as ever , even against the oppressing Powers , who in that case , according to King Iames his testimony and practice , become Tyrants , and are to be resisted : and in the 3. How all powers are obliged , if not expresly , yet tacitely , to walk in a due subordination to God , and to prosecute these great ends of government : and particularly in the 4. How our king is bound by the lawes of the land , and by his coronation covenant oath , to Rule for God and the good of the People : And in the 5. How all even the most Malignantly affected , would assent to this , as an undoubted truth , in their owne particular cases : And cometh in the 6. Place to the words cited , which must have the same import and tendency , to wit , to clear the innocency of private persons self-defence , and defence of Religion , when the powers which should minde and study according to their place & power , to promove the great ends of society and government viz. the glory of God , and the good of the Subjects in soul and body , do manifestly and notoriously pervert these ends , and preferre themselves , and their owne lusts , unto the will and glory of God ; and to the good of the People . The same is also cleare from the following observations , which do manifestly poynt at the clearing of people being bound in duty to defend themselves and their Religion , conforme to their engagements vowes and Covenants , which still stand in force , notwithstanding of any thing done to the contrary of late , in their acts rescissory and condemnatory . 3. The very words themselves , to any who is not utterly blinded with prejudice , can import no more then that , when through the notorious and mainfest perversion of the great ends of society and government , the bond thereof is dissolved , and the persons now relapseing into their Primeve liberty and privilege , may no lesse now joyne and associate together , to defend Themselves and their Religion , then at first they entered into societes : For , as their entering into societies was for this end , and their setting up of Magistrates over themselves was for this end ; so when the Magistrates crosse their end and rule , and thereby annul the relation , or make it invalide for the ends , they may joyne together now for these ends , as they might have done before the formal institution of Government . And who can deny this to be a truth ? Or who can hence inferre ( but he who is of a perverse spirit , and for his perverse ends seeketh to pervert all things ) that he pleadeth for the lawfulnesse of Peoples crumbling together in lesser fractions and petty commonwealthes . 4. Suppose the words should be capable of that glosse ' which the Surveyer putteth upon them ; yet as they lye connected with what preceedeth and with what followeth they can , at most , be but a Medium for proving the intended conclusion ; and so must be considered as founding an argument a Majori ad minus , from the more to the lesse ; to this purpose : if when through the manifest and notorious perversion of the great Ends of society and government , the bond thereof is dissolved , and persons relapse into their primeve liberty , so that according as the similitude of their case , and exigence of their cause requireth , upon the same principles , they may againe associate and combine into new and distinct Societies and Commonwealthes , for their defence and preservation : Then much more may they lavvfully novv joyne and associate together for their defence and preservation , without making any such rupture , or new erections : but endeavouring to keep the old Society firme and intire , undissolved , and unweakened . So that though his glosse should be admitted , he doth but bewray the ignorence of his capricious braine , to take the Medium for the conclusion . And the antecedent will be granted by politians , and is expresly asserted by Althusius , Polit , Cap. 20. Num. 20. in case the Prince keep not his promise , but violate his faith and Covenant . 5. Suppose also that this which he alledgeth had been the authors positive assertion , can he hence inferred with any colour of reason , that it was or is the designe of the author and his party , to dissipate and dissolve the old setled frame of this Kingdome , and erect new Commonvvealthes vvith nevv distinct Soveraignes ? Seing every one knovveth , that many things are lavvful , vvhich are not expedient , convenient nor necessary ; & that it vvere the result of no mature deliberation , but of madnesse and folly , to intend and designe such a thing . vvhich ( though lavvful in it self , yet ) all things considered vvere , very inexpendient and unnecessary , yea not only not advantageous to their ends and purposes , but quite destructive thereof . Novv since the Surveyer hath dravvne in this controversy by the eares , and set it in the front of his learned and elaborat pamphlet , vve must suppose him one vvho is vvell versed in this topick , and can give a good account of his politick notions touching this quaestion . But alas if he had a real adversary to deal vvith ( as novv he doth but faigne one to himself : & it is easy fighting against a man of stravv , or one of our ovvne making ) his ridiculous and yet audacious folly , vvould easily be made to appear : his adversary vvould laugh ( as indeed he vvould have cause ) at the shakeing of his spear . He maketh this the thesis which he undertaketh to confirme . That [ when politick bodyes are setled in voluntary associations , or whatever way in the course of divine providence , they have been reduced to live under the same lawes and authorities , and have continued long in the union of a common interest , under the protection of magistracy , to break off from the body in seditious secessions , cannot but be displeasing to God ; and they are no other then firebrands , confounders of humane society , fighters against God and his ordinance , who instigate People to cut off themselves from the body of the Common wealth whereof they are members . ] But would not his adversary tell him that he had granted as much in the words immediatly preceeding , as would make him and his position both ridiculous : For he hath granted That the Lord hath not by any precept particularly determined the bounds of every embodied Political society , There being some greater , and some lesser , acting under their several heads and souveraigne Magistrates . And seing neither God nor Nature hath determined the quantity and extent of each Republicki or embodyed Politick Society , what more affinity hath it with sinful sedition , to say , that greater bodyes may be divided and subdivided into lesser Republicks , then to say that moe lesser bodyes may associate together to make one greater , especially seing Politicians tell us that the ends of government are more easily attained in a lesser Republick , then in a greater ; and that a mid way commonwealth neither too larg● , nor too little , is the best , as being lesse subject to vices and greater calamities , as was to be seen in the Roman Republick before it was enlarged in the dayes of Marius , Sylla , Pompey , and Caesar , and is to be seen this day in the Commonwealth of Venice , and the like , as Althusius shewes us , Polit. Cap. 9. num . 11. The time was when all the World was under one head , and after they were multiplied , they became distinct Republicks without any sinful or seditious secession . The time was when all thess westerne parts were under one Emperour , and was nothing but a seditious secession , caused by firebrands , the ground of their becoming many and distinct Republicks ? The time was when Scotland , England , and Irland , were distinct Kingdomes , and under distinct Soveraigne Magistrates , and what repugnancy were it either to the Law of God or nature , to say they might be so againe ? So were there once Seven Kings in England at once : and moe then one King in Scotland at once : and by no reason can he prove that it should always be , as it is at present , but by the same reason his adversaries could prove him guilty of treason ; for he behoved to say , that because we were once all under one Emperour , we ought to be so still , and that the King must either hold his crowne of the Emperour , or be an usurper and a seditious rebel ; for in the course of providence we were then reduced under the same Lawes and Authorities , and continued in the union of a common interest for some good space of time , Yea and observe many of these civil Lawes yet . Thus we see whither this advocate will drive the matter , and how little service he doth his Majesty for all his rich recompence . But it may be his arguments are cogent and binding : He hath many words , Pag. 4 , & 5. to prove that this is contrary to Religion , The sum is this . [ Never greater perversion of government then in the times of many of the Prophets , and in the dayes of Christ , and his holy Apostles , and primitive Christians , and yet this was never their doctrine or sense . ] Answ . Is this all that he can say , to prove that this is contrary to Religion ? Sure his adversary will think that he hath little Religion who sayth so , and that he hath farlesse loyalty to his Master the King of Great Britane ; for why ? Because contrare to the doctrine of Christ and the Apostles , and the sense of all the primitive Christians , he acknowledgeth the King of Britane to be a distinct King from the Roman Emperour , and not to depend upon him . They never taught that Britane and Irland should be ruled by a King distinct from him , and that these Islands should be separate from the Roman Empire , and so the King holds his Crowne by usurpation , and by an irreligious secession from the Empire , which neither Christ nor his Apostles ever taught , and must not this man and not we , acknovvledge Iudas of Galilee , and Theudas to be his Masters : For they taught ( especially the first , as Iosephus , and Ruffinus out of him shevv us ) that no tribute should be given to the Roman Emperour ; and he vvil do the same , and say that it should be payed to king Charles the II. Next his adversary vvould tell him , that if this were held and maintained as a poynt absolutely necessary to salvation , then his argument vvould say something ; But seing it is only held as lavvful , and according as providence determineth it to be convenient or inconvenient , to be practicable , it is sufficient if the doctrine of the Prophets and of Christ and his Apostles , do not condemne it , as simply sinful : And that by this argument of his , it should be utterly unlawful now for Frame and Holland , and other adjacent Countreyes , to joyne together in one : and proclame King Charles their Soveraigne Lord and King : because neither Prophets nor Apostles taught any such doctrine , that many several societies should joyne together under one head : And who is a friend to the Kings greatnesse now ? If this man be worthy of his wages , let all the World judge . Moreover they would tell him , that in the dayes of some of the Prophets , there was a greater dissipation and secession , then any that is now desired , when the Ten tribes separated themselves from the other two , in the dayes of Rehoboam and erected themselves in a distinct Republick , under a distinct Supreame Magistrate ; and we finde not this reproved by any of the prophets , yea we finde a Prophet sent to tell Ieroboam that God would give him Ten Tribes , 1. King. 11 : ver . 21. &c. and when Rehoboam would goe and reduce them under his subjection by the power of the sword , we finde another Prophet sent to disswade him , in the Name of the Lord , 1 King. 12 : ver . 22 , &c. and saying that that was from the Lord. And sure this positive is as forcible , as his negative . And furder , even in the dayes of the primitive Christians , the Roman Empire was divided , and how it is now subdivided and re-subdivided into many fractions , we all know : and can he shew us where any of the godly zealous Christians and servants of God spoke against this as a seditious practice ? But is may be that he vvill prove this assertion , though not dissonant to Religion ; yet dissonant to sound reason . Let us hear hovv he doth it ? [ For ( sayes he Pag. 5. ) it hath a clear tendency to break in pieces all humane societyes — which no wit of man can preserve from dissolution , if this principle be drunk in : For by this Man's opinion , the judgement of the pervesion of the ends of government is put over to the discretion of the sufferers of prejudice , and they are accordingly to determine their actions , and nothing should hinder them but want of probable capacity to through their work . ] But poor Man , as he hath made shipevvrack of faith and of a good conscience , so hath he made shipvvrack of his reason also ; for his adversary vvould novv think the cause vvon : For grant once that a secession and separation may be made , vvhen the ends of government are manifestly perverted , and they vvill seek no more , for they vvill readily grant it ought not to be , vvhen there is no just cause , suppose that a great part should in their discretion judge there were real cause ; And where is he now ? Where is the position that is so dissonent to Religion and Reason ? Will he also owne it ? Did Naphtaly say that when ever a few of a society thought in their judgement of discretion , that the ends of government were perverted , they were replased into their primaeve state of liberty , and free to make separations from the old society and associate into new combinations ? And since he did not say so , how can this advocate make his position appeare dissonant either to Religion or Reason ? But the man , let him be never so well hired , is obliged to reason no better then he can . Let him grant ( and he cannot well deny it ) that it is lawful for a great society to divide into two or moe lesser , when the ends of government are really and manifestly perverted , in that greater society so united , and his adversaries will soon satisfy him ( if he be rational , or a man fit for society who will be ruled with reason ) concerning the judgement of that perversion . He but exposeth himself to pity , when he cryeth out ( taking also God's name in vaine ) [ To what times are we reserved , wherein the unmeasureable and aciousnesse of Men dar present such poyson to a Christian People , and to attempt the breaking them in pieces by such doctrines which both Religion and sound Reason abhorres . ] For no body hath either seen Religion nor found Reason alleged against that position ( which he sayeth Naphtaly setteth down . ) But we will see more of this vaine Man's ridiculous ranting in the following words [ Dar this libeller ( so speaketh this non-sensical railer ) say that this is a fundamental constitution of political societies , that at the arbitrement and lust of any minor part of private persons , pretending a perversion of the ends of government ( a pretence that will never be wanting to Malecontents and Malapert wicked ones , Even Katherines and highlandish theevs , and it is real to them if they themselves be admitted judges ) they may make secession from the society in which they are imbodied , and renunce their obligation to the government thereof . ] Now he soares high in his scurril rhetorik , and as ornaments of his discourse , he must bring in his Katherines and Highlandish theeves , but to what purpose is all this superfluity of vaine empty words ? Where or when said Naphtaly , That that was the fundamental Constitution of politick societies ? What rational Man ever said so ? Is this the only thing which he denyeth ? Sure he is an ill maintainer of the union of his Majesties dominion ; for his adversaries will grant all this , and yet say and be able to maintaine ( for any thing that he hath said ) that when the Ends of government are mani●estly and notoriously perverted , people relapseing into their primaeve liberty and privilege , may , according as the exigent of their case requireth , associate into new societies for their defence and preservation . But he addeth pag. 6. [ Suppose there be a breaking off , upon that pretension ( which will never be wanting to cover sedition and confusion ) of perversion of the ends of government , the party making secession may haply meet with the same measure they gave , for if a minor party arise among them with the same accusations , must they not have the same privilege ? And where shall there be a stand ? ] His adversaries would soon reply , that whatever be in that absurdity , it doth not concerne them , for they plead not for a dissolution upon a meer pretension of this perversion : And beside , they plead not for it , even where there is a real and not our perversion , as a thing necessary , which they must goe about , never once consulting whether it be expedient or inexpedient , and whether they see a more feazable way of attaineing the ends of government , without such perversion , after the separation is made , them before , or not : But only as a thing lawful , which may be done when they see it most convenient for the ends of government : And when they walk by this rule and principle , they will soon see where to make a stand . For they will finde that the crumbling of Societies into too many and too small bodyes , would put them as far from attaineing the ends of governments , as they were while associated in a greater body . And this is all which he hath to this purpose . For as touching his application of this pag. 9. and 10. all alleging that there is no perversion of the Ends of government now , it hath been spoken to already , and his adversaries in this position ( if there be any such , which I am ignorant of ) will think and make out , that the ends of government are so far perverted , that if there were no other thing lying in the way of a secession , then vvhat he hath said , they vvould think it of concernment to minde this outgate , vvhich they had no thoughts of before . And the King should then think himself little obliged to this man and his defences , and wish that he had been sleeping when he wakened such a debate , and himself had bestowed his gold another way : For sure , if such a thing were upon the heart of people now ( as I hope & am confident it is not ) they will professe themselves obliged to this Surveyer , for putting it into their head first , and that all which he hath said against it , would rather invite and encourage them to it , then discourage them from it . May not then this Man be ashamed to take his Majesties Money , and do so bad service for it , as he hath done ? But Some will possibly say what could any persons have said more ; Well , though some should think me officious to take his Majesties part and defend his cause , un-hired , yea and undesired , yet I will propose one thing , which I am confident , shall be more effectual , for preserving the immemorially setled frame of this Nation , and the union of all his Majesties Dominions , to all generations , without dissipation or dissolution , or any hazard or feare thereof ; Then what this Pamphleting Prelate hath said , Or will say , though he should write volumes , at this rate : What is that , you will say ? It is no great secret , yet if heartily followed , it shall prove infallibly effectual . Let his Majesty Turne to the Lord with all his heart , and repent of his fearful perjury and defection , and minde his oath made unto the great God , and performe his vowes , and fulfil his Covenant which he swore with hands lifted up to the most high God , and solemnely promised to owne and prosecute , as he should answere to God , in that day , when the secrets of all hearts shall be disclosed ; and execute judgment on the Apostate Prelates , by hanging them up before the Sun , that the fierce anger of the Lord , evidenced by moe as twice three Yeers famine of the word , may be removed , and on all others who have been authors and abettors of this norrible course of defection , and unparallelable apostasy , which makes these lands an hissing and a by-word to all nations ; and let him honestly and with an upright heart prosecute the ends of these holy Covenants , and with that Godly King Asa . 2. Chron. 15. Enter into a Covenant , that whosoever will not seek the Lord God of Israel , shall be put to death , whether small or great , whether Man or woman : And let his successours follow his footsteps in this , and he and they shall finde , no imaginable bond so sure to tye his Kingdomes together perpetually , as an indissoluble Society , then these holy Covenants , particularly that solemne league and Covenant . In which all his subjects in Scotland , England , and Ireland , did sweare in a most solemne manner , to maintaine and promove reformation of Religion in Worshipe , Doctrine , Discipline , and Government , and endeavour to bring the Churches of God in the Three Kingdomes , to the nearest conjunction , and uniformity , in Religion , Confession of faith , Forme of Church government , Directory for worshipe and Catechiseing , &c. that they and their posterity after them , may as brethren live in faith and love , and the Lord may delight to dwell in the midst of them — and that the Lord may be one and his name one in the three Kingdomes ; and to endeavour the discovery of all such as have been , or shall be incendiaries , Malignants , or evil instruments , by hindering the Reformation of Religion , divideing the King from his People , or one of the Kingdomes from another , or make any faction or partyes among the People , contrary to this League and Covenant , that they may be brought to publick tryal and receive condigne punishment : And that they should each one of them , according to their place and interest , endeavour that the Kingdomes may remaine conjoyned , in firme peace and union to all posterity : And that they shall not suffer themselves directly nor indirectly , by whatsoever combination , perswasion or terror , to be divided & withdrawne from this belssed union and conjunction . Now what bonde more strong to unite and keep together his Majestie 's Dominions can the wit of Man imagine ? And shall not the owneing and prosecuting of this Covenant , Appear to all rational persons the most infallible meane to effectuate this indissoluble union and lasting Conjunction , that can be invented ? CAP. XIX . How weakly and foolishly the Surveyer defendeth his Majestie 's Life , is shewed . THe surveyer , finding how poorly he had defended the cause now mainly controverted . viz. The unlawfulnesse of Peoples defending themselves , and maintaining their Religion against manifest and intolerable oppression . Cap. 2. That he might do something for his money , would start another question , wherein he thought he should do his Majsome acceptable piece of servicé , and secure his life , when all came to all : Though he could not cudgil with his railing ( for he can move none with his reason ) the People into a stupide , and irrational subjection , so that let the King rage worse then ever Nero did , they should not lift a hand to resist and withstand him ; He thinks he shall do the next best , viz. he shall fortify his Majestie 's person , and set such a guard of impregnable reasons about him , that no man , no company of men , yea no judicatoure , shall ever approach to touch his sacred person , or to spoile him of his life ; a guard of reasons like lyon rampants , be-like he thought them , more invincible and saife , then a legion of the most valient Champions that his Majestie 's kingdomes can aford . But poor man , he may dreame that such armes are impenetrable and proof , because they are the best in his armory , or that his dull head could hammer out : But no man of reason will think so ; yea all who know that belongeth to this controversy , and are not professed adversaries ( yea and the most ingenuous of them too ) will upon second thoughts be forced to say , That never any put pen to paper in the King's quarrel , who hath so foolishly and childishly , managed that disput ; and how little he deserveth thanks ( let be a reward ) for his paines , such as are sober will judge , when they consider how little ground , he had to move such a question now , seeing the wronging of the King's Person or his just authority , was not intended by those worthies who arose for the maintenance of Religion ; as such of them who were publickly put to death , did openly upon the scaffold confesse and avow ; and consider also how the Author of Naphtaly hath been miserably misunderstood by him . It is not our purpose , nor our present businesse , to speak unto this head , and shew for what causes , or by whom kings are to be questioned , deposed , or executed : Far lesse is it our purpose to defend the taking away of the late King's life , though this railing Pamphleter thinks to fasten this upon Naphtaly . And therefore we might palse what he sayeth to this purpose , Chap. 3. Yet as in the preceeding Chapter , we have shewed how ill he hath maintained the union and conjunction of his Majesties Dominions ; So in this , vve shall shovv hovv vveakly he hath guarded his life , against such as vvould oppose themselves unto him , in this question . But first , vve vvould take notice vvhether Napthtali hath given him such ground to fasten upon him the justification of the murther of the late King , as he allegeth . [ The matter ( sayes the Surveyer ) in dealing with Magistrates ( according to Naphtali's minde ) rests not in a meer resistence of them by meer private persons , but goes on to a retaliating and revenging upon them wrong supposed to be done — for his man againe jeers at the Soveraigne Powers Privilege , and Impunity of Divine exemption . ] Ans . Doth this man know what he writeth ? Doth Naphtaly say , That private persons may revenge wrongs upon the Supream Magistrate , because he jeers at such as plead for such a Privilege and impunity unto Soveraigne Powers , as will exempt them from all tryal and punishment , both of God and Man ? What meaneth he else by this impunity of divine exemption ? Then he tells us , pag. 71 , and 77. That Naphtaly Pag. 29. reflects not obscurely upon the horrid murther of our late Soveraigne . Let us hear Naptaly's words , then shall we better judge , [ And as these inferiour Princes ( sayes Naphtaly , Pag. 29. ) Do often forget their subordination to the most High in their unjust commands , and would usurpe his throne , by an uncontrollable Soveraignity : So the Lord by the warrand of his Word and approbation of his providence , and also of the People ( when by them oppressed , but by himself animated & strengthened ) hath declared & made void this their pretended exemption & impunity , & removed the carcasses of such Kings , and broken their scepter : amongst which precedents , the instance of these times , whereof we now speak , is worthily recorded , and deserveth better to be remembered ] Now Naphtali is speaking of what fell out betwixt the year 1494. and the year 1560. in that place , and makes no mention of what fell out an 1560. and afterward till he come to Pag. 31. &c. Sure then , the times he is speaking of being before the year 1560. are far from the times wherein King Charles the first was executed . But sayes he , there was no such thing as murthering of Kings or dethroning of them , at that time , Answ . Yet the Lord , at that time , declared and made void the pretended exemption and Impunity of Princes and Soveraigne Governours , by removing in his providence their carcasses , and by the approbation of the people , when by them oppressed , & by himself animated , breaking their scepter ; as vve finde was done to the Q. Kegent anno 1559. when she was by the People , the Nobles , Barons and Burgesses assembled to deliberate upon the affaires of the commonwealth , Octob. 20. deposed from her Regency , and upon the ninth of I●n the next yeer , God removed her carcasse by death , so that the land was no more troubled with her . Who may not now see what a poor ground this Railer had , to father such a tenet on Naphtali , as he doth ? And what advantage the King's cause hath gotten by this , we shall novv see . He tels us Pag. 72. [ That most of the venome this man ( meaning Naphtali ▪ ) hath against the powers ordained of God , he hath sucked out of the breasts of Lex Rex . It were not right to dig up all the pestilent untruths of that piece , set forth in most impertinent and sophistical reasonings , mixt with infinite humane bitternesse , against the late King : Only as it were to be wished that such errours , might be buried in eternal oblivion ; so it is to be regrated that too too many of the Ministry and others in Scotland have been poysoned with such principles , and the same not being very like to be suddenly extirpat , the more need have the powers above us to be watchful ] Ans . The author of Lex Rex and of Naphtaly also , ascribe as much to the powers ordained of God , as God's word will allow ; and are no way opposed unto them , but only unto Tyranny , which is no Ordinance of God : and this Man rather spitteth venome in the face of the power ordained of God , vvhen he goeth about to patronize and defend their illegal and iniquous exorbitances , as if these were the ordinance of God , which are rather the ordinance of Satan : Sure this is not farr from blasphemy , to call such courses the Ordinance of God. 2. He hath taken a short cut . I confesse , to answere that unanswerable book Lex Rex . To say , that it is full of pestilent untruthes , set forth in most impertinent and sophistical reasonings . Had King Charles the first , when he read that book , remembered this , or thought upon it , he would not have said he feared ( as is reported he did ) that it should not have been answered . But what Man , who hath not de nuded himself of all wit and reason , will take , upon this perjured Apostat's word , these Truthes which Lex Rex hath demonstrated ( & which this Man was so unable to answere , that I much question if he well understood many of them , or if his lumpish braine could discerne betwixt a sophistical reason and a true and real reason ) to be untruthes ; and these truthes so wholesome and useful to all Republicks , and necessary to be knowne and wel digested by all who consult the welfare of commonwealths , to be pestilent untruthes , and his unanswerable reasons , to be impertinent and sophistical ? 3. I am sure all the Cavaliers , and the Malignant squade would have thought him well worth his gold , if he had in a sober rational manner discovered the impertinencies and sophistical reasonings in that book , which yet is like to speak after it is burned , and under a legal restraint , though he should have spent the most part of his dayes upon it ; it may be , the Royal cabal would have thought it Dignum opus , and have canonized him for it , and advised the King of Remember the issue of such a worthy & singular pillar of the tottering throne . But the man knew how far his stock would reach , and that all the gold in the Kings treasures could not make his head stronger then it was , how ever it might superabundantly fortify his purse ; and therefore , seing his short horns could reach no further , his Majesty must rest satisfied with this : And Lex Rex must be declared , as it is , to be furder unanswereable . 4. Seing he wisheth that such errours might be buryed in oblivion , why did not his vvork follovv his vvish ? Why did he dig up the untruths ( if such ) againe , when he was not able to bury them dead nor alive ? Prudence ( if he were not innocent of it ) might have taught him silence , seing he knew he could answere no better . 5. Such as have received these principles finde them more wholesome food then his soure leaven . 6. He needs not stirr up the Powers to more cruelty and tyranny then already they exerce , neither vvill that be a vvay to extirpate these principles , but rather a way to root them more deeply in the heart . But now what sayes he to the thing . He tells us in the first place : That [ The God of order hath in all humane political Societyes appoynted under himself a supreame power , whether subjected in a single person , or in a complex company , which orders the whole body , having nothing before or above it , in the nature and order of civil authority , and governs all in the society , and is governed by none therein : to say that a person is chief , and yet hath a Superiour or equal is to speak contradictions : wise men have said , that a multitude of Gods is the nullity of Gods , and multitude of infinites so called makes none of them infinite , so a multitude of supreame powers in one civil society destroyes divine order . ] Answ . 1. It is true , God hath appoynted in all humane political societies , a supream power . But I suppose , the Surveyer will grant , that this may as well be a Parliament , as the King , and what hath he then said for security of the King's life , by this argument ? 2. What ever supream power , whether in one or moe persons , God hath appoynted over politick societies , he hath done it by the People ; and so the People , who make and set up , under God , these supreame povvers , are above these supreame powers ; If he will not take my word for this , let him read and consider how it is proved in Lex Rex , in many places , specially quaes ; t. XIX . And if he will not rest satisfied therewith , let him try his hand , And answere what is there said , if he can . 3. Politicians will tell him that the King's supremacy of power , is only in respect of the administration , and execution of the lawes , according to the power committed unto him , by the People : let him read and consider well Althusius his politicks , as to this . 4. And so , though in respect of this executive administration , he be chief , and governeth all : yet in respect of the royal fountaine-povver of Government , the People are above him , because they give this out to him , and may , in cases of necessity , recal it , and give it to another ; So that still they reserve a fountaine-power over him , to be exerced in cases of necessity : and therefore , there is no contradiction here , because non ad idem : the father is above the sone , and yet subject to him , if he be a judge . The Emperour is above the prince palatine , and yet in some cases that Prince● is his judge ; as the Tutor hath the supreame executive power , and the pupil can not act without him ; Yet in case of male administration , the pupil hath a power to call him to a account . But finally what if his adversaries should say , that the King is not that Supreame power in Scotland , but that a Parliament , as the Peoples Representatives are above him ? He may see much said to prove this in Lex Rex , and in the Apologie . And how shall he be able to confute that ? And if Parliaments have povver to depose Princes in Scotland ( as hath been often practised ) hovv hath he saved the King's Scepter and Person ? But he addeth , as a short ansvvere to cut all off that is said , [ A chimaera of idle distinctions is whelped by the late Masters of confusion of co-ordinate and collateral Soveraignes in one Kingdome , the fountality of Royalty in the People ( resumable at their pleasure ) is talked of , also Kings and People there being mutual Magistrates to punish one another , — and courts of necessity and tribunals of nature , where People are judges accusers and all , are bigly talked of ; but these are only cloaks of fig leaves to cover horrid rebellion & disorder . ] Ans . Every thing must goe for a new whelped Chimaera , which this blunt head cannot understand : Can he confute such of these distinctions as Lex Rex maketh use of ? Why doth he it not then ? How doth this master of disorder blow avvay these figleaves , yea or discover them to be such ? Is this the vvay he takes to salve his Master's life ? By his calling such distinctions Chimaeraes and figleaves ; he vvill not save a tyrannical Magistrate from deposition or vvorse , by that povver vvhich is cleared by these distinctions . 2. As for these courts of necessity , &c. Royalists must grant them , vvho grant povver in some cases to People to resist and depose Kings , viz. vvhen they turne habitual tyrants , sell the Commonvvealth and the like : and in such cases , vvhen the Prince doth such horrid things , vvhich himself Pag. 24. thinks can hardly befal a Prince in his natural and right vvits : Hovv shall these things be judged , if he allow no courts , but the ordinary courts of justice , and no court of necessity ? Ay , but he sayes thereafter [ That it is certaine Supreame power is indivisible and incommunicable to distinct subjects , in any one political Society . ] Though the supreame executive power of administration be so , either in one , called a Monarch , or in the plurality of best and chiefest , as in Aristocracy , &c. yet the fountaine power of government ( which Lex Rex tells him is distinct from the power of governing Pag. 50. ) abides intire in the People , by which they may call the Governours to account , depose them , and set up others to execute the lawes ▪ 2. Grotius will tell him that the King may have one half of the Soveraigne power , and the Senate or Parliament the other , and if the King assume that part which is not his , he may be resisted , where is then the indivisibility or incommunicability of this power , which he talketh of ? Thinks he that there is no mixed Monarchy ? And if part of the Soveraignity belong to the Parliamet , as the Peoples Representatives ( as is certaine in our constitution ) the King cannot be so Supreame as he would have him . Therefore he addeth . [ But why should we doubt that where there is a King ( one truely so ) his Soveraignity is matchlesse on earth , when the Scripture calls him supreame . 1. Pet. 2 : ver . 13. is there any equal to the Supream , in order of civil government , by whom he is judgeable or punishable ? if any , he is not not Supreame not the government Royal. ] Answ . This Chimaerical Man gives us a distinction of Kings , some truely so and some falsly so : And what , and who are these ? It is like the King of Poland and the Emperour of Germany are not Kings truely so , as he said , because forsooth they are not absolute above all Law and coercion . But what if more learned politicians then ever he was , say , that such are most truely Kings ? And what if his adversaries say and prove also , that the King of Britane is not such a King , as he accounts truly so ? His saying that the King of Britane is absolute , will note prove that he is so , and will be found but a weak defence for his life , if he be not able to prove him above all judgement and punishment , which we have not yet seen , and dispaire to see , done . 2. These words 1. Pet. 2 : ver . 13. may be as well rendered , The King as supereminent , and can import no more , but one who had a supreme or supereminent place in the administration of government , notwithstanding whereof he might be & was accountable to the Senat of Rome : for learned politicians and lawyers prove that the supreame power of government was in the Senate , even at this time , which clearly appeared in their judging and condemning Nero , and other impious and tyrannical Emperours . So that even hence we see that one may be supreame in order of civil government , and yet both judgeable and punishable . 3. His adversaries will not much care how he call that government , Royal or not ; and whether he call the government of Britane Royal or not . Names in these matters and titles , which goe much by fashion or fancy , are but weak arguments ; and he will never be able to stop the mouth of his adversaries , who would plead for calling King Charles to account and for judging him and punishing him , by saying he is a King , and the government is a Royal government , they would account these but thinne wals , and uselesse cloaks of fig leaves to preserve and defend intolerable tyranny . Hath this man no better arguments then thise wherewith to defend his Majestie 's Royal life and person ? Or hath the King no better advocate to defend his cause ? But it may be this profound Statist will speak more nervously in the following observations . Therefore , Let us hear what he sayes in the 2 place , [ It is certane ( sayes he ) no man can be judged or punished but by his owne judge , who is above him , and hath authority over him , by lawful commission from God ; or from men authorized by God to give such commission , now who shall be judge to these invested with Soveraigne Majesty , seing Every soul under them is commanded to be subject to them ▪ Rom. 13 : ver . 1. and seing the Supreame Power of the sword is committed unto them , and not to others , but by deputation and in dependence upon them — in a true Monarchy there must be an exemption and impunity ( as to subjects ) of the person invested with Soveraignity and Majesty : God's Law , Natures Light , and sound reason , are all for this , that such as are invested with Soveraigne Majesty , having the legislative power ; the jurisdictional power , the coërcive and punitive power originally in himself , must enjoy exemption and impunity ( as to subjects actings against them ) the contrary tenet overthrowes the order of God And Nature , and precipitates humane societies in a gulf of endlesse confusions . ] Answ . 1. Here is enough to satisfy his adversaries : For 1. They will tell him , that he hath not yet proved the government of Britane a true Monarchy , in his sense ; and so he but begs the thing in question here . 2. They will tell him , that the King hath not the sole legislative power , nor sole jurisdictional power , nor sole cöercive and punitive power ; far lesse , all these solely and originally in himself : And it is but to such Soveraignes that he pleads for this exemption & impunity . Doth not his Advocat deserve a singular reward ; who pleadeth his Master's cause so dexterously , by proving an uncertanty , by that which is more uncertane , & founding all upon his bare word ? A noble champion forsooth , or rather a Monster , whose word must be a law , & an irrefragable reason too . Thus it seems , what ever power he give to the King there is the Dictators power that the thinks is solely in himself , and that originally : but for all this he hath one disadvantage , that he is of little authority and of as little credite , with sober rational persons . 2. He will grant that such Monarchies , as he accounts only true , are not every where , no not where there are persons called Kings and Emperours : How cometh it then that the order of God and nature is not overthrowne in these Dominions and Republicks , and that their Societyes are not precipitated into a gulf of endlesse confusions ? Shall nothing preserve the order of God and nature , but that which is the most ready mean to destroy it , viz. an uncontrollable power in one Tyrant , to destroy all his Kingdome , Man , Wife and Childe . 3. Politicians will tell him , that the Ephori , the Parliament are his judges ; and that the People who by a lawful commission from God made him King and authorized him , are above him and have authority over him , in case he turne a Tyrant and pervert the ends of government . 4. Though it be requisite there be an ordinary standing judge to cognosce of controversies which fall out betwixt one private person and another ; yet it is not alwayes necessary there be one condescended on , to judge betvvixt the Soveraigne and the People , vvhen the controversy falleth out betvvixt them , more then that there should be a standing ordinary judge to decide controversies falling out betvvixt tvvo distinct and independent Kingdomes . 5. What commission from Man authorized by God had the high Priest , and such as joyned vvith him , vvhen they deposed and killed Athaliah ? if he say , she was an usurper True , yet she possessed the place six years peacably without molestation ; and who was judge , whether she was an usurper or not ? Had the matter been referred to her , she would have been as far from calling herselfe an usurper , as a Tyrant now will be from judging himself a Tyrant : And so as in this case , the Tyrant sine titulo had a judge above her , though she was invested with Soveraigne Majesty , so in the other case , The Tyrant exercitio , though invested with Soveraigne Majesty , hath a judge above him . 6. The place Rom. 13. is to be understood ( as was shewed above ) of inferiour Magistrates as well as of the supreame : And it sayes of all in authority , that such as are under them should be subject unto them , In so far as they are subjects unto them : so in poynt of administration of justice according to equity , all are subject to the supreame or supereminent governour ; but when he becometh a Tyrant , he becometh subject unto them , who gave him that power , and set him up , under God. 7. He insinuats that inferiour Magistrates are not essential Magistrates , but deputation from and in dependence upon the King. But Lex Rex , Quest . 20. hath by many cleare and unanswereable arguments evinced the contrary . In the third place he citeth some sentences of Tertullian , calling the Emperours second unto God , and above all men , and only subject unto God : Of Optatus saying , that none are above them but God. And of Ierom speaking of Psal . 51. against thee thee only have I sinned , saying that David spoke so because he feared none ; And of Ambrose , on the same words saying , that he was King , and under no Law — and therefore he did not sin against man. ] But all this is no purpose : For 1. himself will grant that all Kings are not thus exempted , and his adversaries will prove the King of Britane one of these limited , and restricked Kings , that are obnoxious to examination , and punishment ; and these sayings cannot prove that all Kings are so , yea or ought to be so . 2. Tertullian , to vindicate the Christians who would not acknowledge the Emperour to be God , and to shew how notwitstanding they respected him according to his place , would give him as high titles as he could , though not out of flattery , and so make him the highest person in the Empire , and above the heathen Gods ; yet he did not set him above all the People in their Representative the Senate , or if the did , the Senate proved him to be in a mistake , by taking course with several of these leud and wicked Tyrants . 3. David's single act of adultery and murther were no such acts of Tyranny , as are censurable with deposition , and so it speaketh not to the case . 4. It might be that de facto he did not fear another , as Ierome sayes . But that will not say , that David might have destroyed the inheritance of the Lord without controlle , or that other Princes are , or should be , exempted from restraint and punishment , if they turne ingrained and habituated Tyrants . 5. Himself will not stand to what Ambrose sayes , for he addeth immediatly , [ There is no doubt but David was sensible both of the horrid injury he had done to Uriah ( the occasion of that Psalm ) and of the scandal he had given to God's People , in which sense , he might be well said to sin against both . ] 6. The words of the text vvill not beare that vveight . viz. That he had no other judge but God , or that ( as Deodate sayeth ) he was exempted from all punishment of men , & was obnoxious to no humane tribunals ; but as other commentators say , the words are to be taken in a comparative sense , that this was the greatest aggravation of his guilt , that it was such a hainous trasgression , in his sight who was privy to it , however he did conceale it from all others , so far as he could : see the Dutch Annot. on the palce : and therefore to expresse his spiritual sense of the sin commited against God ( against whom properly sin as sin is commited ) he useth this rhetorical ingemination : And if the words should have imported what the Surveyer would have them to import , they had not been apposite to expresse his spiritual grief & sense of the hainousnesse of the crime commited . Then he tels us what excellent Mr Calvin sayeth Instit . Lib. 4. cap. 20. § 27. and 31. and then sayes [ It is a wonder how many who pretend respect to Calvin should dar to violate the sacrosanct Majesty of Kings , if they will but read over that chapter . ] But is it not a wonder , how this man who seemeth to have read over that chapter and particularly § . 31 , should passe by what worthy Calvin sayeth in the end of that section , or should have so little respect unto that worthy man ( whom he himself accounts to be worthy of respect , and but deservedly ) as to plead for an incontrollable power in Kings , When yet famous Calvin tels us there that if the Ephori or States of Parliament , connive at the King's tyranny , and suffer him to oppresse and insult over the poor People , they are wickedly perfidious , and palpably betraying their trust . Then in the 4 place he tels us [ That it is not denyed , that the King is bound before God to rule his People according to the Law of God ; and that it is grosse to say , Regi quicquid libet licet . ] This is good , but what then ? What if he deviate ? [ We maintai●● ( sayes he ) that as sure truth That impunity ( as from subjects ) necessarily attends Soveraignity by the Law of God , reason , and nature : For no man can be judged or punished but by a judge above him ; and the Supreame hath none such , &c. Answ . But Mr Prelate , your adversaries will maintaine the contrare , as a sure truth : We looked for a fourth proof and not for the thing in question , or a repetition of what is said : The same thing repeated six times will not make six arguments ; Mr Bishope give a new proof , if you can , of this firme truth which you maintaine ? We maintaine , by the Law of God , Nature , and Reason , No man hath an uncontrollable power to destroy millions , to cut off the heretage of the Lord , to destroy his Interest : And we have shewed our grounds for this . 2. How was Athaltah judged ? And what a judge was Iehu ? 3. It hath been told him , that the supreame governour hath a supreame power above him : The power of the People that made him Supreame governour , is above him , and can depose him , and put another in his place . He may be a Supreame governour & dispensator , and yet their servant , accountable unto them , and censurable by them , when he deviates and turnes a Tyrant , and a Wolfe , and a Tyger . When one King wrongeth another , that other will both judge and punish him , if he be able , and yet is not properly a judge above him . Much more may the Representative of the People ; who set him up and impowered him , both judge him and punish him . But the good man thereafter would advise Kings not to abuse this inviolablenesse , but so much the more to fear sadder punishments from God ; and for this cause would have them reading the 6 chapter of Apocryphal Book of Wisdome . But was there no texts in all the divine Word of God , that he would put into the King's hand to read , that he must send him to the Apocrypha ? It is true Kings would do well to remember that they have a God above them , who will not be mocked , but will bring them to an account of their doings , though they should escape Mens hands : and to the end they may be put in remembrance of this , they stand in need of other monitors , then the Men who have forgote it , and send them to Apocrypha to finde it : And this should keep them within the boundaries of God's Law. But as the fear of punishment from Man , will restraine some from stealing , whom the fear of God would little overawe ; So it may be the feare of punishment from Men , would have no small influence to make some Kings walk by a rule . And Sub●rdi●a●a non pugnant ▪ He would do well to minde them of both , and it is like he would finde that more effectual to suppresse Tyranny , then to tell them , that their sacred persones are inviolable as to Men , but yet they would do well to read the 6 chapter of Wisdome . He cometh Pag. 77. to speak particularly to what Naphtaly said , and alledgeth that [ It is most falsly and wickedly said , that God's providence or God's Word approves the murdering or deposing of Princes by Subjects , who are not his judges : And what his word approves not , his providence doth not approve : To say that God animates his People to such actions , is blasphemy , albeit he extraordinarly may stir up the spirits of some to actions not according to the ordinary rule ( as in the times of the judges ) but they were sure of their warrand from him , the like whereof none have ground to waite for now ▪ ] Answer . Certainely God's Word declareth that the persons of Kings ( how sacred soever he account them ) are not inviolable , when it threateneth destruction unto them , whether by their owne Subjects or by strangers ; and when these same judgements are executed , his providence declares that they are not uncontrollable or inviolable . 2. His adversaryes vvill tell him , that the deposeing of Tyrants , or the executing of justice on them , is no sinful Murther nor sinful deposeing of Princes . 3. If he had once proved that such actions as these , vvere horrid and sinful , then he might say that it vvere blasphemy to say , that God animates People unto them . 4. How did God animate Ieh●jada and these vvith him , to depose and kill Athaliah ? To say she vvas an usurpers , vvill not help the cause : for he vvill not have usurpers killed by the Subjects novv , seing vve have no ground to expect such an expresse vvarrand to rise against them , as the judges had ; and yet certanely these against vvhom the judges vvere animated , vvere Tyrants vvithout title . And thus we see this Surveyer out stripeth all the Royalists , that ever wrote before him , and not only will have the persons of lawful princes , though flagitious and tyrannous , sacred and inviolable ; but also the persones of the most manifest usurpers ; for he sayes , that it was not according to any ordinary rule , that God stirred up the spirits of some , to make head against these Tyrants that oppressed the people of God , in the dayes of the judges , but extraordinare , which motions we have no ground to waite for now . And so this advocate cometh at last , to plead as much for the exemption of Cromwel , as of the King : And if this be a faithful advocat let all the world judge , and let the author of the pamphlet intituled Killing no Murther rebuke him , for his impertinency and ignorance . He tels us thereafter how [ The Apologist labours to produce many instances of the Parliaments of Scotland punishing Princes for their enormities , all which he setteth forth as laudable and imitable presidents and examples . ] Answ . The author of that Apologetical relation driveth at no such designe there , but only cleareth thereby , that the Kings of Scotland have not a supremacy above Parliaments ; but that rather Parliaments are above them ; for they have punished them . He addeth [ The most that all of them amount to is nothing , but the insurrection of Nobles ( Proceres as Buchanan calleth them ) against the Kings , and violent oppressions of such of them , as have been flagitious and tyrannous-but neither Buchanan , Nor this Apolog ▪ can produce any one instance of our lawful Parliaments or Peoples , taking on them in a judicial way , in cold blood , aud under formes of processe , to punish or destroy their Kings . ] Answ . What if his adversaries shall be contented with a shorter processe , & shall supercede many formes of legality , which use to be followed with other notorious Malefactors ? Is not this a brave Goliah that cometh out to defend the King 's sacred person , when all which he at length can do , is to defend him , from being adjudged in a formal mode , to losse his head and his Crowne ; that he shall not be called publickly ( as other Malefactors are ) to the judges barr , and there be impannelled as a Tyrant and Traitor to God and the Countrey ? If this man deserve his wages , let wise Men judge ; seing all know that there is greater difficulty in taking away Tyrants , then in taking away other Malefactors : And that hardly can such a legal way with all its formalities be followed with them , which is followed with others : And that sometimes , some Malefactors , though they were never Princes , must be sentenced in a more brief manner and privately also , and yet it is all one upon the matter , if the man be guilty and really condemned by his judges . And so it is all one , if a Tyrant be adjudged worthy of death or deposition , by a Parliament the Representatives of the People , and accordingly cut off from government , or out of the land of the living , whether it be done by a publick Messenger , with sound of Trumpet , and by the hand of a publick lictor and executioner , on a publick scaffold ; or by force of armes , vvhen the former meanes cannot be saifly used , nor so securely . And it vvas not the insurrection of nobles as such , but as proceres and primores Regni that were instanced , and of lawful Parliaments ( such as were used in these dayes ) sentenceing and condemning Kings for tyranny , and other misdemeanours . Let him read the History of these times written by Buchannan and Grafton , and he will finde it so ; particularly , let him see and consider how Ferlegus was adjudged worthy of death , but for Fergusius his Father's sake , was only imprisoned ; and thereafter with the unanimous consent of all , being suspected guilty of the death of Feritharis , put from the Crowne : see why Therëus , when he had filled the land with robberies , fled to the Britones ? Was it not because the Governours had a minde to punish him ? Was not Even the 3. put in prison ? Was not Dardan , for his wickednesse and blood , pursued by nobles and People , his head cut off , his corps throwne into a jacks ? Luctatus at length was apprehenped and executed . His sone Conarus in face of Parliment accused , apprehended , and shut up into a hall , with some few attendants , his ill counsellers executed and a Viceroy chosen till the People should meet to make a new King ? Were not the Prim●res Regni about to have deposed Constantine the first , for his vices , had not Douglasse disswaded them , because of their warres with the Britons and Saxons ? Was not Ferquard the 52 King summoned to compear before the Parliament , and because he refused was he not brought to judgment against his will , and accused of many crimes , and not being able to purge himself was he not cast into prison ? This looks like an act and execution of justice done in cold blood under forme of processe , So did the Primores Regni intend to have punished Ferquard the second , had not Bishop Colman disswaded them . Was not Eugenius the VIII . for his filthy lusts and vices , covetousnesse and cruelty , slaine by the general consent of his Lords assembled ? By whom , and for what was Donald the 70. King cast into prison ? Who forced Ethus brother to Constantine the II. ( and for what ) to renunce the Kingdome , and shut him up in prison ? Was not Culenus summoned to compeare before a Parliament at Scone ? Now the Surveyer is in his strength , and disdaining to meddle with the libeller ( as he calleth him ) he will goe and reflect upon the magazine , ( as he speaketh ) to Lex Rex , who Quaest. 26. proveth by unanswerable arguments , that the King is not above the Law ; but this Surveyer for all his big words dar not meddle with that debate ; but quarrelleth with a word Pag. 241. where that worthy Author is answering the objection of that Apostate Prelate Maxwel the Author of Sacrosancta Regum Majestas , stollen from Arnisaeus ; which was this , [ Why might not the People of Israël , Peers or Sanhedrin , have conveened before them , judged or punished David , for his Adultery and Murther . ] Unto which he answered thus , [ He taketh it for confessed , that it had been treason in the Sanhedrin and States of Israël to have taken on them to judge and punish David , for his Adultery and Murther ; but he giveth no reason for this , nor any Word of God ; and truely though I will not presume to goe before others in this , God's Law , Gen. 9 : ver . 6. compared with , Numb . 35 : ver . 30 , 31. seemeth to say against them . Nor can I think that God's Law , or his Deputy the judges are to accept the persons of the great , because they are great , Deut. 1 : ver . 17. 2 Chron , 19 : ver . 6 , 7. aud we say we cannot distinguish , where the Law distinguisheth not . The Lord speaketh to under judges , Levit. 19 : ver . 15. Thou shalt not respect the person of the poor , nor honour the person of the mighty , or of the Prince , for we know what these names 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 meaneth . I grant it is not God's meaning , that the King should draw the sword against himself ; but yet , it followeth not , that if we speak of the demerite of blood , that the Law of God accepteth any judge , great or small . And if the Estates be above the King ▪ as I conceive they are , though it be a humane politick constitution that the King be free of all coaction of Law , because it conduceth for the peace of the commonwealth ; yet if we make it a matter of conscience , for my part , I see no exception , that God maketh ; if men make , I crave leave to say à facto adjus non sequitur . ] Thus that worthy Author ; and could he have uttered his judgment more spareingly and soberly , in a matter that was not of great Moment to the question in hand , so that though he had forborne to have spoken any thing to this at all , his cause had not been , in the least , weakened ; and though we should grant that the Sanhedrin could not have judged David for these facts ( which yet we can cannot do ) what losse shall we have ? Seing we may easily grant and Lex Rex with us Pag. 243. that Tyranny only must unking a Prince ; and these acts were not acts of Tyranny , and what shall this vaine Surveyer gaine then ? Why would he not examine other things which that worthy Author sayd , more apposite to the cause ? Will not wise men laugh at this dealing , and account him a fool in the first magnitude , in handleing such a cause , which so nearly concerneth his Majesties life , after such a manner , that a very school-boy may smile at ? Then he addeth , [ So Pag. 348 , and 428 , and 238. and often elsewhere , he ( that is Lex Rex ) will have the Estates executing the moral Law ( as he calls it ) on the King , and punishing him , and why ? because he sayes most thrasonically , Pag. 460. I have unanswerably proved that the Kingdome is superior to the King , and the People may be their owne judge in the tribunal of necessity . ] Answ . Lex Rex in two at least of these pages cited , speaketh no such thing , and if this Surveyer were not more windy and vaine then ever Thraso was , he would not speak so of that Author , till first he had discovered the answereablenesse of these arguments , which neither he nor any of his complices shall ever be able to do . But this , Epicompothrasibombomachides will force a beliefe upon the world , that with this very adverb thrasonical , diffavit omnes in Castris Gurgustodianis , and cry to his enchanted fraternity to sing Jo pan at his invention . But what sayes he to all this ? [ 1 ( sayes he ) what should he meane to make it conduceable to the peace of the comm●nwealth , that the King be free of the coaction of Law ; and yet not so , if it be made a matter of conscience ; is the preservation of the peace of the commonwealth , no matter of conscience to him ? Or is not the constitution freeing the King from coaction of Law ( for that end ) warrantable ? ] Ans . Doth not this ignoramus know that a question of this nature may be considered and answered politically and theologically : And that many things may be tolerated or forborne in poynt of policy , upon politick grounds and ends , which , if considered stricto Iure , according to conscience , should not be forborne , nor tolerated . David in point of policy , did forbear to execute the Law upon the Murtherer Joab , whom yet in poynt of conscience , he accounted a man of death , and therefore recommended the execution of the Law of God , unto his Son Solomon : and this toleration or forbearance may be lawfull or unlawful , according to the weight of the matter tolerated , or forborne , and the nature and weight of the grounds in policy , upon which this forbearance is determined . So that though we should suppone it lawful for a Commonwealth to enact and determine in Law , that their King should not be questioned for one single act of Murther or Adultery , as other persones are : Yet in poynt of conscience , if the question be stated in thesi , whether a King may be questioned for one single act of Murther and Adultery , as another private person , it may be answered affirmatively , because the Law of God , makes no exception of persones . 2. It may be made a matter of conscience , to make the King free of the coaction of Law , in some small and inconsiderable particulars , because of the probable hazard into which the Commonwealth may be brought by coërcing of him , which all the value of the particular anent which the coaction is exerced , will not countervaile . But it will never be allowed , in poynt of conscience , to make him free of all coaction of Law , so as he may without control , murther millions , destroy and waste Religion : For that were not conduceable to the peace of the Common-wealth , but a ready way to destroy all : So that a constitution freeing the King from all coaction of Law , how ever pretended for the preservation of the peace of the Common-wealth , can never be warrandable . For that were to make him actu primo , and in actu signato a Tyger , a Lyon , & a waster of the Commonvvealth ; & if his good Nature should incline him to good & peaceable things ; yet no thanks to the constitution . Whereas he would make his reader beleeve that the Kings of the jewes were under no coërtion let , him consider what Zuinglius sayeth explan . art . 42. Tom. 1. oper . where he expresly sayeth . [ That the Kings of the jewes and others , when they dealt perfidiously , contrare to the law of God , might be lawfully deposed by the people . ] Yea he tells us , that whiles wicked princes and Kings were not removed , all the people were punished of God , which he proveth by Ier. 15 : 1. to ver . 6. and a little thereafter , tels us that [ if the children of Israel had thus deposed Manasseh , they had not been so grievously punished with him . ] Yea Schikcardus in his jus regium hebraorum . Cap. 2. Theor. 7. tells us Pag. 56. 57. out of the Rabbines , that the Kings of the jewes might have been called to an account , & punished for transgressing of the law , by the Sanhedrin , especially if they took moe wives , and moe horses then vvere allowed , and heaped up riches ; for these causes , he proveth Pag. 60. out of Hal. melach . c. 3. § . 4. Halach . Sanhedr . cap. 19. Talmud cap. Kohen gadol . Siphri pars : schoph . That they were to be scourged . And histories show us , How this Sanhedrin , even in their weak and declineing times , were loth to quite with this power , and therefore did question Herod , who was set over Galilee by the Romans , for some murther committed by him , see the history set forth by Iosephus Antiq. lib. 14. c. 17. And if any should object that Casaubon ad . annal Eccles . exerc . 13. n. 5. hath proved the contrary out of the Talmud . The forecited learned Shikchardus . Pag. 63. 64. sheweth out of the very places cited by Casaubon , how he was mistaken , and how the Kings of David's line both did judge , and were judged . 2. ( Sayes he ) It is good that this Metaphisical Statist was no Chief Priest or member of the Sanhedrin in Davids time ; for he would have afforded a corrupt exposition of the Law to cut off the King. What sots were the Priests & Prophets at that time that did not instigate the Sanhedrin ? This man could have told them that they were above him , and they were bound to execute the Law upon him . ] Answ . It was good that this superlatively irrational parasite . , and infraphysical fooll was not breathing in these dayes ; for he would have told Kings , you may Kill , murther , massacre , destroy all the land , Man , Wife and Childe , without the least fear of resistance ; and have told the People , the Sanhedrin , and all the Elders of Israel , though your Kings turn butchers and destroyers of the People of God , worse then ever Nimrod or any that ever breathed since his dayes , you have no more to do , but hold up your throats , or flee to the uncircumcised out of the inheritance of the Lord. But what sayes all this to the thing ? Doth this pove that David or any King was excepted in the Law of God ? Where , In what chapter , or what verse shall we finde this ? Good Master prelate tell us , or where we shall finde it in your book of wisdome ? 2. We finde not that any of the Priests or Prophets reproved David for spareing Ioab that murtherer , who shed the blood of war in peace , 2 King. 2 : ver . 5. was it therefore right in David to have spared him ? Sure they might well have told David , that though Ioab was a great man , yet he was above him , to punish him as well as another Man , for his sin ; and in poynt of conscience , and by God's Law he was bound to do it . These sinful acts of Ioab were more notoure then what David had done in secret : And because we finde not that he vvas reproved upon this account , shall vve therefore use this Man's dialect ; and say , What 's sots or coldrife senselesse Men were the Priests and the Prophets of that time , who did not instigate David to execute the Moral Law on Ioab , that wrath might be turned away from the Land ? 3. He tels us , that the author of Lex Rex [ Vtterly mistakes the meaning of the Word of God , Gen. 9 : 6. ( as for the other texts they clearly concerne Magistrats only toward such over whom they have power , but does neither instigate the inferiour Magistrates against the Superiour , nor the People against any of them ) where it is said , he that sheds mans blood , by man shall his blood be shed . ] Ans . 1. The author of Lex Rex doth not say that these places do instigate the inferiour Magistrats against the superiour , nor the people against both ; but that they poynt forth the Magistrate's duty to judge righteous judgment , and to accept no Mans person , be he a Prince , or be he a poor Man. And if they concerne Magistrates toward such over whom they have power , The author of Lex Rex seeketh no more ; for he had proved , ( and this vaine windy man hath not the head , though he want not a heart and good will to it , to ansvvere his arguments ) that the Estates and Representative of the People , have power over the Prince . 2. It is a hard censure to say that he hath utterly mistaken the meaning of Gen. 9 : ver . 6. Let us hear how ? [ Concluding hence , ( sayes he ) that there is here a precept that the blood of every man ( though he be in the supreame power ) should be shed by his inferiours , if he shed blood innocently and without cause . ] Answ . But this is not the conclusion that Lex Rex draweth from the place , He only sayeth . That in this place there is no exception made of the Prince , though he be the Supreme power : And can this Man for all his skill demonstrate the exception ? Lex Rex said not that his blood should be shed by his inferiours , but by the Estates of the land , who are his superiours , what way then hath he mistaken the meaning of this word ? What furder [ Supposeing ( says he ) this word not only to be predictional — but also diatactick and perceptive , there must be meet limitations of the sentence , both in the subject and attribute ] Grants all , what limitations will he have in the subject , that sheds mans blood ? [ It is to be understood ( says he ) only of such as have no authority , and do it out of private revenge ; for we must not owne the fancies of Photinians and Anabaptists that condemne lawful warres , and capital punishments . ] Answ . This is good and granted , for we say that even the King , when murthering unjustly , acteth as a private person , and is prompted by his revenge : did he suppose that Lex Rex was a Photinian or Anabaptist ? If not , why did he trouble himself with this ? But what sayes he to that which he cals the attribute ? [ Certanely ( sayes he ) taking the word as a precept , It is not meant that it is the duty of every man or any man indifferently , to shed the blood of the person who sheds innocent blood ; but of the Magistrate who is judge above him . All interpreters are agreed , that here is ( if not the institution yet ) the approbation of the office of the civil magistrate . ] Answ . Did the author of Lex Rex say that it was the duty of any man indifferently , to punish capitally shedders of innocent blood ? said he any thing against agreement of interpreters concerning the institution or approbation of the office of the civil Magistrates ? Sure when he said , and elswhere proved , that the Estates of the Realme were above the King , he fully agreed with these authors , touching the meaning of that place ; so that that Surveyer might have spared his paines in reciteing their words , for he sayes nothing against what either Pareus , Pet. Martyr , Musculus , Bezelius , Diodate , or the Chaldee Paraphrase say . Let us hear how he applyeth this to the purpose ? [ But ( sayes he ) if the persons invested with Supreme power of the sword , abuseing their power become guilty of shedding innocent hlood , who ( in that society where of they are heads ) shall judge or punish them ? who is superiour over the supreme to punish him ? — It is inexplicable how any in whom the Soveraigne Majesty , & Magistratical power resides , should , according to order , be punished by subjects . ] Answ . This is the knot of all , but it is nothing else than what we have heard againe and againe , and hath been spoken to already . But yet , because it is to him inexplicable , and a Gordian Knot , let us see if we can loose it without Alexander's sword . He will grant ( or if he will not , but retract what he hath elswhere granted , speaking of a legal resistence , all the lawyers in Scotland will grant it ) that if any in the King's name shall seek to dispossesse a Man of his inheritance , the man may defend his right by law , and the King by his advocate must pleade his cause before the ordinary judges ; and these ordinary judges , must judge righteous judgment according to law , and give out a decreet in favours of the subject against the King , and so condemne the King of injury and oppression intended against the subject : Now who but the ordinary judges , in civil Matters , are judge here to the Supreme ? & yet these judges , in another respect , are but subjects : doth he not now see how such as are meer subjects in one respect , may judge and punish him who is invested with Soveraigne Majesty and Magistratical power , and so in another respect are above him . And what if I say , that as , in civil Matters , the ordinary judges may judge the King , so the justice general or his deputy constitute ordinare judges in criminals or capitals , may iudge him when he committeth a capital crime ? let him or any Man else shew me a reason , why the one should be , and the other may not be , in poynt of conscience . But if we speak of a Parliament the Representatives of the People , the case is so cleare that there is no difficulty ; for that is a judge alwayes above him , and so even according to his limitations , if the King shed innocent blood , by them may his blood be shed . Then Pag. 81. he sayes [ When the Apostle Rom. 13. sayes let every soul be subject to Superiour powers , that ( every soul ) doth not comprehend the supreme power it self ( for how can the Man invested with it , be subject to a superiour power ? ) but it is meant that every soul under the superiour power or supreme , should be subject to it . ] Answ . Yet againe the same thing which we heard before . Is he not able to understand this , how one who is supreme , in one respect , may be inferiour , in another respect ? The father hath a Supreme paternal power over the Son , yet the sone , being a judge or Prince , may be over him , as David was over Iesse , and Saul over Kish . But ( sayes he ) Let men ( as they will ) indulge themselves in their seditious Notions , they must at last sist in some supreame power on Earth which is not judge able or punishable by any . ] Answ . Be it so , what hath he gained for the King his Master ? Must either he be the supreme power on earth which is not judgeable or punishable by any , or must there be none ? His adversaries will soon deny the consequence : And he , let him indulge himself in his Tyrannical Notions , as much as he will , shall never be able to confirme it . How then shall he defend the sacred person and life of the King ? What sayeth he further ? [ If soveraigne Majesty be placed in Parliament or People ( who may be guilty of shedding innocent blood , as well as the King ) who shall shed their blood when they transgresse ? Shall this be reserved to the sounder and smaller part of the People ( as this Man speaks Pag. 240. ] then there is ground enough laid for Eternal confusion ] Answ . The Surveyer either subtilly or ignorantly confounds things here , which should be considered distinctly , and leadeth his unwarry reader off the way : Wherefore we would have the Reader ( though all this is nothing to the purpose in hand to prove the King uncontrollable , or unpunishable and unjudgeable for any of his acts ) take notice of these few things which will help to cleare the matter . 1. That there is a not-judgeablenesse ( to speakso ) and not-punisheablenesse de facto , which may be said of some notorious rebels and out-Lawes , whom neither Law nor power of authority can cöerce , and there is a non-punishablenesse and non-judgeablenesse de ●ure , when one is exeemed from Law-judgment and Law-sentence , so that he is above all tryal and sentence of Magistrates : Cases may fall out wherein such as are punishable & judgeable de Iure , according to an ordinary way laid downe or allowed by God , may notwithstanding be unpunishable and not-judgeable de facto , either through corruption prevailing over all , or prevalency of power in the punishable person or persons : And this , though in an ordinary way irremediable , yet speaks not against the Ordinance and appoyntment of God and Nature . 2. That there is a difference betwixt personal faults of Governours , or such as are invested with authority and power , as was that act of Murther and Adultery in David ; and publick miscarriages in poynt of governm . & in exerceing the power wherewith they are invested : of personal faults , speaketh Lex Rex in the place now under consideration ; and upon this , have we vindicated that worthy Author , from vvhat this perverter of all things hath said . But here he mixeth these , and confoundeth them , that according to his vvay , he may pervert the truth . 3. There is a difference betvvixt simple acts of male-administration in lesser matters ; and betvvixt such acts of male-administration , as pervert the ends of government . 4. There is a difference betwixt palpable , cleare , and undenyable miscarriages ; and betvvixt such as are not so cleare nor unquestionable . 5. There is a difference to be made betvvixt ordinary standing cases ; and an extraordinary emergent : in an extraordinary case , vvhile the disease is desperate , a desperat-like and extraordinary remedy may be used without overturning the ordinary way , which is to be used in ordinary cases , These things will help us to nnravel his confused discourse . And so we Answere . 1. If Parliament-members or privat persons among the People shed innocent blood it is no difficulty to know who should judge them . 2. If a Parliament as the Peoples Representatives Murder the innocent , I see not why they may not be called to an account by a posterior Parliament , as when a beanch of judges in civil matters , conspire together to oppresse , by their unlavvful and unjust decreets , palpably such and not our to all ; vvhen they are deposed and others put in their places , the oppressed may get his cause righted , and reparation of dammage of them : Or vvhen a justice generall manifestly & palpably murdereth the innocent , he may be made to ansvvere before another put in his place : if this may be done ( as I judge in poynt of conscience it may ) so may the other be done with Parliaments . 3. If Parliaments conspire to overturne Religion , Lavves , Liberties , and thus destroy the Republick , I judge vvith L. R. Pag. 240. that the sounder part , if they be able , may resist and hinder , so far as they can , that destruction and ruine of the Republick . Neither ever shall he prove that this is a ground for Eternal confusion : O sayes he , [ Any lesser part , when they have or think they have will and s●rengh enough to through their businesse , will undoubtedly call themselves the sounder part , and labour to beare downe the corrupt plurality . ] Answ . This remedy to prevent destruction and ruine to the Common-wealth , may be of the Lord , though it should be abused by sinful men ; for the best thing may be abused : And it is not the meane allowed by God and Nature which layeth a ground for eternal confusion ; but the abuse of the meane maintained , whereof we are not guilty . But we have had abundance of such rotten consequences from him , who knoweth better what it is to deceive the simple with sophistications , then to satisfy the judicious with solid reasons . Then he addeth , [ But the Christian Reader may easily see how hard this Author is put to it ; and for all his saying that according to God's Law , Kings must be punished as well as others , yet is he forced to acknowledg a Supremacy of power in some , not punishable by any but by God. ] Ans : This is but what we heard just now , and whether true or false , it helpeth him nothing : Have that Supremacy of power , which is not punishable by any but by God , who will , if the King have it not , the King's life is not secured : And if he say , if any have it the King must have it . True , if this rotten malignant and parasitical ignoramus can make no bad inferences ; but he hath already so often discovered vanity in this way of argueing , that we cannot account him infallible : And therefore let him prove his consequence ; for we know him better then to take any thing from him upon trust . Well , what way doth he clear this , of Lex Rex ? [ For ( sayes he ) Pag. 389. when he hath given all power to the Parliament over the King , he objecteth to himself ; who shall punish and coërce the Parliament , in case of exorbitance : He answeres , posterior Parliaments , and Pag. 211. he sayeth , by the people and conscience of the people are they to be judged , let all our Nobles and Parliaments hearken to this . ] Answ . In the first place cited , Lex Rex is not speaking of Parliaments power over the King ( as this squint-eyed Surveyer thinketh , ) but is handling that question whether or not Monarcy is the best of governments ? And is shevving in vvhat respects it is best , and in vvhat respects it is vvorste ; and shevveth hovv a mixt Monarchy is best ; and then ansvvereth some objections : And to that vvhich some might object , That Parliaments might exceed their bounds , and who should coërce them ? He ansvvered , That posteriour Parliaments might do it ; and so there vvas a salvo in that mixture of governmemt 2. In the other place he is shevving vvhat relation the King hath to the Lavv , and that he is not the sole Lavv maker , nor sole supreme judge : And ansvvereth that objection , That the three Estates as men and looking to their owne ends , not to Law and the publick good , are not fundamentalls , & are to be judged by the King. viz. That they are to be judged by the people and the conscience of the people . Why calleth ●e the Nobles and Parliaments to hearken to this ? What abs●●dity inn reason is here ? [ Who ever head of this ( sayes he ) that one Parliament posteriour should punish the prior ? Their acts they may retract indeed , but to punish them for their acts , is most absurd , because the prior Parliament in the capacity of that judicatory , had as much povver as the posterior . States men vvill vvonder at this doctrine , that Members of a Parliament should be punished for their free votes , by a succeeding Parliament , and far more at the subjecting them to the conscience of the People . ] Answ . 1. It is no small punishment and cöercion to a Parliament , to have all their designes , consultations , and conclusions overturned , which may be done by posteriour Parliaments 2. If Parliaments , by their free votes , sell Religion , and the Liberties of the land unto the Turk , and so destroy the same , and betray their Trust , I see not vvhy they ought not be punished for their paines . If they should enact and put to execution the act , vvhen made ; That all vvho vvill not bovv and burn incense to an idol should be brunt quick , I see not , vvhy they may not by a posteriour Parliament be questioned and punished for that innocent blood vvhich they have shed . 3. His reason to the contrary , is not good ; for they never had povver or commission for overturning the ends of government , and destroying the Commonvvealth : if the Magistrates of a Brugh betray their trust , dilapidate the rents and revenues of the city , sell and dispone the rights and privileges thereof , may not the succeeding Magistrates call them to an account for that , notvvithstanding that in the capacity of that judicatory , they had as much povver ( if any ) as the posteriour 4. Wonder at it vvho vvil , that vvhich is right is right : and it is consonant to equity , that the consciences of the People be so far judges of vvhat is done by their Representatives , as not to suffer them , in their name , and by any povver borrovved from them , to destory the Commonwealth and to overturne the fundations of Religion and Liberty , &c. [ But then ( sayes he ) another objection he makes posteriour Parliaments and People both may erre . He ansvveres , All that is true : God only must remede that . ] What can he make of this ? [ Well then ( sayes he ) if Parliaments or People destroy or murther persons innocently , God only must remeed that ; there is no povver on Earth to call them to an account : Who sees not that at length the author is driven to acknowledge a power , which if it deviate cannot be judged by any on earth . ] Answ . Lex Rex is not there speaking of particular acts of injustice Or iniquity ; but of the whole ends of government : And so if Parliaments and People concurre and joyne together to overturne all , the world sees that there is no remedy on Earth : Neither needed he to say that he was driven to this , seing it was so obvious to all who have eyes in their head . Though God hath appoynted meanes & ordinary rules to help abuses that are ordinary ; yet when corruption is universal the ordinary meanes cannot availe , God himself must helpe that : & who knoweth not that extraordinary supposeable cases cannot infringe , or invalidate the ordinary rules for ordinary cases . Now all this is but vaine idle worke , and of no advantage to his cause ; for he shall never hence prove though he should argue till his eyestrings break , that this Soveraigne uncontrolable power , which is not censureable nor punishable , is only in the King : And if he do not this , how stops he the Mouth of his adversaries ? Hovv salves he his Majestie 's life , or the King from all hazard of censure ? But then he adds to as little purpose , That [ It may be seen that his principles lead him to owne a meer democracy ( which is the worst of governments ) as the only lawful government : he placeth and fixeth the unpunishable soveraignity there . ] Answ . This is a grosse mistake : For this Man understands not what a democracy is . He takes democracy to be where all governe : But that is no government , where there is none to be governed , but all are governours . Democracy is where some are chosen out of all the People by turnes , without respect had to birth , meanes or other privileges , to governe the rest . And Lex Rex will not say that these governours have an uncontrollable soveveraignity , but may be opposed & resisted , by the body of the People who choose them , as well as the King in a Monarchy , or the Primores Regni in an Aristocracy ; because under all speces of governments , the fountaine power and Majesty abides in the People , and is resumeable , in cases of necessity . Thus we have seen how poorly and weakly this vaine man hath maintained the King's life and sacred person , and how by his foolish sophistications , and his weake and impertinent answers and assertions , he hath put the King's life in greater hazard then it was ; for these poor people never had a thought of wronging his Majestie 's person , or of spoyling him of his life , but now vvhen he hath started the question without any provocation or just ground and occasion given ; and can say no more then he here hath sayd for that cause , hath he not invited people to think of what they might do ? And I am sure if they have no other restraint to binde up their hands , all which he hath said , will be but like the new ropes to Sampson . That which followeth in his third Chapter touching the Covenants betwixt King and People , is impertinent to his present purpose : For Naphtaly maketh use of these to prove the lawfulnesse of resistence , as may be seen Pag. 19 , and 30. and for that end , we have vindicated them in our former discourse from all his corrupt glosses and evasions . And wise Men will think him so far from deserving a reward , for what he hath done , that they will think he rather deserveth to be whipped , for his mismanageing this question of so great consequence , which he undertook to defend ; and particularly for bringing the arguments , which are adduced to evince the lawfulnesse of resistence , as if they did with equal force strick against his Majestie 's life and person ; whereas many will be cleare for resisting , that will not be so cleare for punishing or executing the Prince : and since by his folly , and imprudent impertinency , making the same arguments prove both , people shall see that by what right they may resist , by the same right they may capitally punish the Prince , they will be so far from being scarred form resistence , which natures light doth so evidentlly demonstrate to be lawful and necessary ; that they will be more emboldened thereunto , perceiving how they may do more , which possibly would never else have come into their minde : and sure all which Naphtaly hath said , could not have suggested such a thing unto them , or occasioned their thoughts thereabout , as impartial Readers will judge . If any aske what he hath left undone for secueing his Majestie 's person and life ? I am sure to name no moe he hath forgotten one thing , and that is , the pressing of the Solemne League and Covenant on the People ; but knowing what he hath both said and done against this , he thought he could not fairely retract and condemne his owne tongue and actions ; yet if he think himself obliged to venture his life for the life of his Majesty , he might have also thought it his duty , to take shame to himself , to repent of what he had done , and recant what he had said , for the secureing of his Majestie 's life and person . Now that the pressing of this Covenant upon the People , would be a soveraigne remedy to preserve his Majestie 's life , his Majestie 's Royal father knew it , when being in the isle of Wight , & fearing that violence should have been done unto him by these in whose custody he was , he sent for Mr. Ieremiah French minister of that place to which Carisbrook castle belonged , and desired him to preach the Covenant and presse it upon the People , that thereby they might be engaged to rescue him , in case any such thing should be attempted by that part of the army : See for this the postscript to the Covenanters Plea. And sure I am , if his Majesty would ( as I said before ) faithfully minde this Covenant , and cause the People stand to it , form the highest to the lowest , he would finde , that there could not be a more effectual meane imagined , for secureing his person , then that would be . If he would faithfully owne , and according to his power lay out himself , for setling and secureing the maine things contained in that Covenant , and walk in that due subordination unto the Supreame governour of heaven and earth ; The very conscience of these great and maine things , would presse a conscientious respect to , and a faithfull care of his Majestie 's person , in reference to these great Ends. Which would prove more effectual for this end , then volumes of railing sophistications , which this perjured , Prophane and malignant Prelate and anticovenanter could write and send abroad . CAP. XX. The Surveyer's discourse concerning the fact of Phineas examined . THE Surveyer being good at weaving Spiders webs , whereby he would catch flees , but is not able to hold stronger bodyes , spends a whole Chapter on a discourse in Naphtaly , obiter cast in , rather to prevent an objection , by shewing what difficultyes such behoved to meet with and roll our of his way , who would assert the utter unimitablenesse of the fact of Phineas , in executing judgm . on the Israelitish Prince and his Midianitish whore , to stay the plague and Judgment of God , which was broken out on the whole congregation , because of their defection to Midianitish whoredome and idolatry ; then to assert any thing positively thereanent : & because any who considereth the place , & seeth how little is there positively asserted , & how much is set foorth rather problematickly , and by way of doubt , will easily perceive that the Author's scope ▪ was not such as this perverse scribler giveth it out to be , we might let it passe , especially seing our cause doth not hang thereupon , but may stand , whatever be said of that passage ; yet lest this Surveyer should glory Without ground , and become too too wise in his owne eyes , we must discover his folly in this his interprise . Though he hath been at much Paines in this businesse , probably because it was his owne particular , to prevent , if he could , another shot , Which might come as near to his heart , as the last came to his hand , though not intentionally , but per accidens because of ill company ; yet , lest he should think that vve Were stiring up any to the like interprise , vvhether against him , or any of his perjured fraternity , vvhom vve look upon as far belovv the indignation of any heroik person , vve shall not insist on this , as vve have done on vvhat he hath said in the foregoing Chapters , but shall cursorily run over vvhat he sayeth to this purpose . We grant that every man should walke in his owne calling with God , 1 Cor 7 : ver . 20. and study to be quyet and do his owne businesse , 1 Thess 4 : ver . 11. But when He and his Party have perfidiously forsaken their calling , and have not loved the honour to be quyet to do their owne businesse , but have ambitiously usurped the honour and dignity of abjured prelacy , and become Lords and Councellers and Parliament-men , and thereby brought the wrath of God upon the land , for our defection and Apostasy , and are persecuting all who will not hold them in their saddle , and bear up their rideing mantles , to the wronging of their owne souls and consciences ; other persons must minde their general calling as Christians and good Countreymen , and endeavour an averting of the wrath of God , and a setting on foot againe a work of reformation according to their power : Ay but sayes he , [ Satan can drive men under several colours of extreme necessity , lawfulnesse of the matter of actions , the goodnesse of ends and intentions , the want of others to do the work , and mens owne probable capacity to do it ? to act such things , whereof God will say I never required them at your hands . ] Answ . This is true , but what will he hence prove ? Will he hence conclude that God may not animate some , to some rare enterprises , in a time of real extreame necessity , the matter of the action being unquestionably lawful , their ends and intentions really good and commendable , there being also a deficiency of others to do the work , and themselves in some probable capacity for it ? His consequence will be denyed . [ This vaine Orator Naphtaly ( sayes he ) will have the instance of Phineas a precedent for any private persons , ( such as lately did rise ) under colour of high pitches of zeal and fortitude , to execute justice on al powers and people of the land , as being fallen in such a fearful Apostasy , as ( keeping the true Protestant Religion , ) do vary from them , in the external ordering of the Ministry of the Church , and imbraceing that way and order , against which there is no command of Christ , yea for the consonancy whereof to his word , much and very much may be sayd , & hath been . ] Ans . He would fain mince the defection , vvhereof he and the rest are guilty , and tell us that they keep the true protestant Religion ; but hovv vve have heard before : and that all the difference is about an external ordering of the ministry of the Church , against which there is no command of Christ , and for which much may be said , & hath been said . But this is not the place to speak of the abjured prelacy , occasion may given further in his following part : only we would say that much more hath been said against it , to shovv it utterly unlavvful , then he òr all his fraternity vvill be able to ansvvere : And unlesse he prove it absolutely necessary , and no other forme lavvful , vvhich he dar not so much as undertake to prove , he shall never cleare the land of fearful Apostasy and defection , in renunceing a Covenant svvorne by all ranks of people . And because his feares are most about himself and other Apostates , he supposeth that that discourse in Naphtaly is brought in of purpose to incite some to execute justice on him , and such as he is ; vvhereas any may see that it is cast in among other things adduced to justify our first Reformers : And so timorous is he , that because that fact of Phineas is not simply and positively declared not imitable , he thinks it is held forth as a precedent to incite : Whereby vve see vvhat an ill conscience is . Ay but ( sayes he ) [ Though he turne himself Proteus . like into many shapes — he cannot put a sufficient bar against confusions under such pretexts . ] And vvho such a Protëus as this Surveyer , and his fraternity , a company of base changelings : But thinks he it possible that any doctrine can be so clearly and distinctly asserted as none vvill ever abuse to errour and confusion ? The Scripture is plaine enough against Lordly Prelates , and Covenant breaking , and yet we know how some can abuse these truths of Scripture , to defend defectiion , and the overturning of the work of God in his Church , and so confound and overturne all . Thereafter he tells us , [ That when this discourse was first looked upon — men of judgement considered that as the former bloody insurrections , were endeavoured to be justified by him , So he was laying downe grounds for some mercylesse Massacre , and horrid assassinations , on persons in power and others — for now no man can have security of his life . ] What these men of judgment could be , who could either suppose the former , if they considered the place where that discourse stood ; or could fear the later , if they considered the discourse it self , I cannot tell : But it is like , he and the rest of the Apostates , are accounted the Men of judgment ; & indeed as these might have fancyed the former , so they might have feared the later : for were this fact of Phineas asserted to be as much imitable as any other uncontrollable example in scripture , all persons , notwithstanding thereof , would have sufficient security of their life , except such as were guilty of dreadful apostacy , causing , the plague of God to break out upon the land : And we know the best examples may be abused . And therefore that which he sayeth pag. 106 : & 107. concerning Munster madnesse , and the Murtherers of the two Henries of France the 3. and 4. and the gunpouder Traitours , and Arthington Coppinger and Hacket in Queen Elizabeth's dayes , is nothing to the poynt : for neither heare we that any of these founded their actions upon Phineas's fact : and though they had done so , It would not have proved that it was not imitable , in any cases : for why ? Wicked Magistrates have persecuted innocents , in all ages , shall therefore the examples of good Magistrates executing justice on wicked apostates , and flagitious persones and idolaters , be declared altogether un-imitable , because some corrupt Magistrates under that pretext abuse that power , and persecute such as they should rather honour and highly reward ? would not any body smile at such a consequence ? And yet such is his here . Let him make it to appear , that the matter of the actions of these persons was lawful , and the necessity extreme , and the case was the same as to the deficiency of others to do the work , and that they were in a probable capacity to do it , & then he shall speak more home to the case . He needs not tell his readers , Pag. 107. [ That such abhominable courses carryed on under pretext of heroick motions , and rare exitations of the spirit , should make the fearers of God very cautelous against the principles of this Man , which lead this way . ] For that man neither approveth these courses , nor any such like , nor doth his principles lead that way , whatever he imagine ; nor doth he assert ( as he alledgeth , ) [ that there needs no standing upon an externall call , if men think they have his internal call to use the sword for vengeance against Apostate Magistrates — and Reforme an Apostate Church , their zeal is a sufficient call to rise up in a Phineas like fortitude , without further , ] as any vvill see vvho reads over that discourse . Nor needeth he to say , [ that if people be so principled , it were better living under the great Turk , where no man is to losse his life but by Law , then in Scotland , ] For he doth not expose any to the fury of private persons , who can pretend rare and heroick excitations of the Spirit to execute justice on men , when they think there is cause ( as he supposeth in the following words ) nor could he rationally be supposed to do so , though he had clearly and positively asserted that that fact of Phineas was , in all poynts & alwayes , imitable ; far lesse when he is loath to assert so much , as this Surveyer himself acknowledgeth in the following words , Pag. 108. confessing that he said , we hold no such instances as regular precedents for all times and persons universally . What displeaseth him then ? [ But where is ( sayes he ) the caution that is put in against any that will pretend heroïcal excitations by the spirit , as a sufficient cal : he hath opened a door but how will he close it againe ? Answ . What could himself say more to bar a heady People from such pretensions of Phineas-like motions , then that it was not a regular precedent for all times and Persons ? Is it not possible ( as hath been said ) yea and often seen , that the most cleare and approved examples have been abused ? And what can be said to this , but that such must run their owne hazard and beare their owne guilt ? God only can prevent all confusion in all cases . It is false which he addeth that [ This man hath proclamed this libertinisme to private persons , upon pretence of heroïck excitations of Zeal &c. to rise up against all powers above them ; for they are made judges in their owne private discretion , when it is fit to fall in hand with such irregular practices ; and when it is that such heröick excitations are upon their spirits , and when it is that matters are so far out of order that they cannot be amended without their violent interposeing , and pulling downe of powers : All this is referred to private persons discretion . ] Ans . No such thing is there said , and Phineas instance will give ground for no such thing , though it were pressed as a most regular precedent . As we grant with him , that Quakers and Ranters , &c. may start up , aud plead their impulses , and that People ( when they minde changes ) will not want pretexts : But what sayes that against the thing , seing the best things may be abused ? Ay but Naphtaly ( sayes he ) holds [ That Magistrates when patronisers of abhominations ought without doubt be suppressed by all meanes ; so that if there be not probable capacity for armes , a dag or a dagger , a pistol or a poisoned poinard , a spanish fig or some secret applications , may do the businesse with some great ones ] Answ . Naphtaly in the place cited Pag. 18. is speaking of open idolatry , blasphemy , perjury , venting and spreading of heresy , and such like abhominations , which being most dishonourable to God , & pernicious to all Commonwealths , ought , sayes he , by all meanes to be suppressed , that is by all faire and possible meanes , for illud tantum possumus quod jure possumus , and so , had he not been too captious , be reason of ( it is like ) his green wound , he might have spared the rest , and to his liturgical prayer following [ That the life our dread Soveraigne may be bound up with the Lord his God in the b●undle of life , and also that the same great and good God may be a shield and buckler to his servants ( who desire in honouring of the King , to feare him the King of Kings above all ) against the generation of Men of blood and violence . ] We shall desire him to add this Letany : from perjury , pride , profanesse , blasphemy , impenitency , atheisme , and all manner of uncleannesse , good Lord deliver us and our King. And to prevent all these feares , let is Majesty and other Magistrates , reforme their wayes , and turne to the Lord , and execute judgement on him and his complices , and all the rest , who now pretend to honour the King , and to feare God , but in effect to deifie a creature and renunce their homage to the King of Kings , and so provoke him to destroy both them and their King , by their apostasy and wicked defection , and that openly before men and Angels , as David hanged up the Sons of Saul before the sun ; and then they need not fear either dag or dagger , pistol or poysoned poinard , a spanish fig , nor any such secret applications . Thereafter Pag. 109. he comes more particularly to consider that discourse , and gives us there and in the following Pages 7. or 8. Answers The first is [ That it is much doubted if Phineas was a meer private person , being the high Priests son , and a chief priest , and a Prince in his tribe Numb . 31 : 6. Jos . 22 : 31 , 32. one of the great Council Num. 1 : 16. and 16 : 2. who did in that dismaltime , Numb . 25 : 6 , meet with Moses the chief Magistrate to lament the ab hominable idolatry , and bodyly filthinesse committed at that time , and to consult and advise , about the authoritative restraining of this wickednesse : In the mean time when the great council are humbled before the Lord , Zimri with his Midianitish woman , are in their very sight going in to the tent , and Josephus sayes , that before Moses and the Council , he justified the fact , and pleaded frowardly to have and retaine her . In this case of so effronted wickednesse , Phineas then one of the congregation or great Council v. 6. rose from among the congregation ( or great Council which shewes he was sitting amongst them ) & under the eye & knowledge and approbation of Moses the supreame Magistrate , pursued them both to the tent , and thrust them thorow . ] Answ . 1. Then it seemes this fact of Phineas was a laudable act of judice in a Magistrate , and so must be a precedent example for judges and Magistrates in all time coming , and by this example , any member of the Council might lawfully rise up , and execute judgment on this wicked wreatch and his cursed fraternity , who have brought , by their apostasy and defection from the Covenant and cause of God , the wrath and curse of God upon the land . 2. That Phineas was the High Priest's sone , we know ; and that he was afterward High priest himself , is truth ; but that he was at this time a publick Magistrate , or a member of the great Sanhedrin , we see not . It is true there were some Princes of the tribes , men of renowne Numb . 1. ver . 16. but he is not mentioned among those ; neither were these the great Sanhedrin . So these princes of the assembly Numb . 16 : 2. were not the Sanhedrin , which did consist but of 70 Members , Numb . 11. Nor was Phineas one of them . And that congregation of the children of Israel mentioned , Numb . 25 : 6. amongst whom Phineas was ver . 7. was not the Sanhedrin , which we never finde ( as I remember ) so called ; but the whole body of the People , who were then mourning partly for the sin commited , and partly for the execution , when the heads of the People vvere hanged up , and a thousand moe killed by the judges , at Moses his command : for Paul 1 Cor. 10 : ver . 8. sayes there died of the plague tvventy three thousand , and here vve finde there fell in all tvventy foure thousand . Againe it is remarkable that this single act of Phineas in killing two persons is so much rewarded and taken notice of by the Lord , yea more then the many who were killed by the judges ver . 5. So that it seemes he was no publick Magistrate : and that he did it with the approbation of Moses , is probable ; but that Moses did command him , we see not ; only we finde that the Zeal of God moved him , and therefore is he highly rewarded , though he was but the son of Eleazar the son of Aaron . Yea that which the Surveryer citeth out of Deodat rather confirmeth this , for Deodat calleth it an act of extraordinary zeal & motion of God's Spirit , and he addeth that Moses the Supreme Magisstrate did approve it ; but what needed this , if he had been a Magistrate , seing there was a command given to the Magistrates ver . 5. and a command is more then an approbation , Aquinas and Gerhard call him , it is true , a judge , but we see no proof , unlesse they could evince that he was a member of the Sanhedrin of which Gillespy speaks in his Aarons rod. lib. I. c. I. The Dutch Annotat. on Psal . 106 : 31. Suppose him to have been no Magistrate , but say that this fact was beside his ordinary calling . His 2. answere is Pag. III. That suppose he had been a meer private person , yet it could prove nothing , because he did it with the approbation and good liking of Moses , and so he is but the executor of that unanimous sentence . Answ . But not only is this not written , but the scripture giveth another ground of his fact , then any warrand or command of Moses : And so his answere in rebus facti , a non scripto ad non factum non valet consequentia is not to the purpose . Now I say the scripture giveth another ground viz. his zeal for his God , which is not spoken of the other judges who ver . 5. were commanded of Moses to execute judgment , yea that word Psal . 106 : 30. then stood up Phineas and executed judgment clearely hinteth at more then his being a meer satelles Magistratus , and the ample reward which was given him , and the Lord 's counting it to him for righteousnesse , speak some other thing , then that he had a call of the Magistrate , and was his executioner . In the 3 place , he sayes . [ The cases are different ; for then was horrible idolatry and villanous whordome committed avowedly , and with a high hand , in the sight of the Sun , and in way of open doing despite to God , but it is not so now . ] Answ . Prudence might have taught him to have concealed this , for it were easy to draw such a parallel as would make him afrayed , if any did intend to follow that example : For I am sure what ever he account of the present apostasy , and how ever he mince it , as no doubt zimri would have minced his uncleannesse , when he justified the fact before the Council , as he told us Iosephus said ; yet the apostasy and perjury is open , avowed , abhominable and villanous , committed in the sight of the Sun , in despite of God , and maintained as right and lawful , howbeit it be such as the very heavens may be astonished at : For such open , avovved , malapert vvickednesse , defection and perjury ( all things considered ) vvas never heard of in any generation . Hovv our reformation , aud confession of faith is maintained , vve have heard ; and albeit he make all the change to be only a change of the exterior forme of Church government , yet when he is before his judge , he shall finde in the cup of this iniquity , manifest & avowed perjury , overturning of the work of God , destroying of the interest of Christ , blasphemy , near unto that unpardonable sin ( if not the very same , ) in fathering the works of the right hand of the Most high , on Satan ; open and avowed persecution of godlinesse ; opening of a gap to all licentiousnesse , horrid iniquity , increase of idolatry ; villanous and avowed whordome , Sodomy , atheisme and devilry , and more wickednesse then tongue can tell , or pen can paint out , but is on clear record before the Lord. 4. ( Sayes he ) [ Let it be so , that he was a meer private man , and had no warrand from the Supreame Magistrate to do what he did , his fact cannot warrand Men to attempt the doing of such acts , unlesse they can shew as good warr and and approbation from God as he could . ] Answ . That he had God's warrand and approbation vve do not doubt ; but that it was such an approbation as was peculiar to extraordinary un-imitable acts , is the thing in question , we grant with him . That God is the Lord of all Magistrates , and of all men's lives , can ( when it pleaseth him ) crosse ordinary rules , and apppoynt some to execute his judgments extraordinariely , but the question is whether every thing , which the Surv. accounteth extraordinary , is so indeed . [ He may ( sayes he ) send Moses to kill the Egyptian Eglon to kill Ehud ( he should say Ehud to kill Eglon ) Elias to destroy companyes of men with fire from heaven , or to kill Baal's Priests : He may command Abraham to kill his sone Isaac : he may excite David to a bloody duëel & Sampson to murther himself . ] Ans . Will the Surveyer account these instances alike extraordinary and unimitable ? Sure Royalists will think that Ehud's killing of Eglon may warrand any private person now , to kill a tyrant without title . But I lay more weight upon Iohn Knox his distinction in this matter , in his debate with Lithingtoun , hist. of reformation , Pag. 390. ( edit in fol. ) [ And as touching ( sayes Mr. Knox ) that ye alledge that the fact was extraordinary , & is not to be imitated . I say That it had the ground of God's ordinary judgement , which commandeth the Idolater to die the death : and therefore I yet againe affirme , that it is to be imitate of all these that preferre the true honour of the true worshipe and glory of God , to the affection of flesh , and wicked Princes . ] and when Lithingtoun replyed . That we are not bound to follow extraordinary examples , unlesse we have the like commandment and assurance ( the same which this Surveyer sayeth . ) He answered [ I grant if the example repugne to the law , as if an avaricious and deceitful man would borrow Silver ; Rayment , or other Necessaryes from his Neighbour , and withhold the same , alledging that so he might do , and not offend God , because the Israelites , at their departure out of Egypt , did so to the Egyptians , The example served to no purpose , unlesse that they could produce the like cause , and the like commandement , that the Israelites had : And that because their fact repugned to this commandement of God Thou shall not steal : But where the example agrees with the law , and is , as it were , the execution of God's judgment , expressed within the same , I say that the example approved of God stands to us in place of a commandement ; for as God , in his Nature is constant and immutable , so can he not condemne in the ages subsequent , that which he hath approved in his servants before us ; but in his servants before us , he in his owne word confounds all such as crave further approbation of Gods will , then it already expressed within his scriptures ; for Abraham said , They have Moses and the Prophets &c. Even so I say , that such as will not be taught what they ought to do by the commandement of God once given , and once put in practice , will not beleeve nor obey , albeit that God should send Angles from heaven to instruct that doctrine . ] Now sure I am this fact of Phineas was according to the law , and to the expresse minde of God , and why then might it not be imitated in the like case ? what warrand , command nor commisssion had Phineas which none now can expect ? 1. ( sayes he ) [ He had the Motion and direction of God's Spirit , which was loco specialis mandati . ] Answ. We know men must need the Motions and directions of God's spirit to ordinary and allovved dutyes : Hovv shall these make this fact altogether un-imitable ? It is true Calvin sayeth it was singular and extraordinare motion , which may not be drawne to a common rule , but notwithstanding thereof , I see not how it should be altogether un-imitable or uselesse . But grant it were so , as Calvin sayeth , unlesse he say that it is never to be imitated , in no case , and that no such thing is ever to be expected , which I suppose he will not say , how will he prevent confusions thorow the abuse of corrupt men , who can pretend as wel these singulare and extraordinare Motions , as the examples of Phineas ? As for what he tells us Augustin and Bernard say of Samson's case , is not to the poynt : Because according to that solid distinction of Mr. Knox , that was contrare to an expresse law , Thou shall not kill , and such also is the example of Abraham . 2. He tells us , That [ Phineas had not only a large reward of his fact , Numb . 25 : ver . 12 , 13. but an ample approbation of it . Psal . 106 : sver . 31 : it was accounted to him for righteousnesse . i. e. as a righteous action , both as to the intention of it ( God's honour ) and as to the ground and warrand of it ( God's direction ) God doth not approve or remuner at any action , which one way or other he doth not command . ] Ausw . This is all granted ; and as it sayeth that Phineas was no publick person or Magistrate , otherwise there had been no doubt anent its being accounted to him for righteousnesse , though it had not been expresly mentioned by the Spirit of God , for it sayeth that sometimes private persones are allowed of God , to do what he requireth in ordinary to be done by Magistrates . [ There are none of these extraordinary actions ( sayes he ) mentioned in Scripture , but either God's stirring up men to the same , or his approbation of the same , one way or other is noted : See Judg. 3 : ver 10. and 5 : ver . 7. and 10 : ver . 23. and 3 : ver . 9 , 15. and 2 : 16 , 18. ] Answ . Will he say that all these instances were extraordinary and not imitable ? Whence will Royalists then prove , that privaate persons may kill a Tyrant without title ? And if they be not altogether unimitable , then the cause is here yeelded ; for God may be said to raise up , and to stir up Mens Spritis even to imitable actions ; & so he hath given us no reason as yet to prove Phineas fact altogether unimitable ; nor will the real rebukes , which he saith God gave the late risers , proclame that they had not his approbation , unlesse he say that God's approbation of actions must alwayes be interpreted by the event , which is not consonant to true Divinity . In the 5. place he tells us , [ That if once men come to presse the imitation of this instance , they must say , first , that even when the Magistrate is godly and zealous and willing to execute judgement , ( as Moses was ) private perssons may do it , and without any legal processe , 2. goe to mens tents and chambers and stob them , and 3. that though such things be done inconsulto pio Magistratu , yet the doer must not be challenged . ] Answ. It will be sufficient if it be granted , when the case is every way the like , or whose : It is true , Moses was not unwilling , but it is like at present in capacitated , through the want of assistence of inferiour Magistrates , many of whom were guilty , and many had been executed ; and through grief , while lying mourning before the Lord. 2. There needed no legall processe ; for both the law and the sentence was written with characters of blood upon the carcases of thousands ; & this Mans fact was notour and avowed , to all the Congregation . 3. He had the interpretative consent of that pious Magistrate : why then may not the like be done in the like case , where the Ius , and the factum is as clear and undenyable as here , and the Magistrate , who should execute the sentence is out of a present capacity , and the matter admitteth of no delay as here , ( for till this was done , the plague was never stayed , ) much more if he will not , and wrath is still poured out from the Lord ; and the Magistrate by his place is bound to assent , & approve of the thing . If such a fact were done in the like case , would any think that the person should be challenged and not rather approved by the Magistrate ? In the 6. Place he giveth us , the distinction betwixt extraordinary and heröical acts , telling us that a heroick act doth not deviat from the rule of a common vertue , but only proceeds from a more intense disposition to a high pitch of vertue and of the acts thereof : But an extraordinary action goes beyond any ordinary rule of common reason or divine word , as that Abraham should kill his Sone Isaac . ] Answ. We shall not contend with him much about this , since he will grant that heroick actions are imitable , as not being contrary to a rule of common vertue ; though extraordinary actions , which are rather contrary to the rule of common vertue , may not be imitated : And he hath not yet proved , neither can he prove that Phineas's fact was so far beyond any ordinary rule of common reason or divine word , as was that of Abraham , and the like . We shall grant with him . That [ Extraordinary actions , are such as are done upon special mandate of God , and are not within the compasse of ordinary acts of obedience according to the rule , that is set . ] And that [ men may have heroick motions & actions within the bounds of an ordinary calling , as Luther had ; as sometimes , though they have an extraordinary calling , they may want heroical motions , as Peeter when he dissembled . [ But what sayes this to Phine as his fact ? [ Phineas ( sayes he ) had not only excitations of zeal and heröical motions , but ( supposeing him a meer private person ) he is to be looked upon as having extraordinary calling from God. ] Answer . Doth this man give a distinct sound ? He complained of the Author of that discourse concerning Phineas , that he turned himself Protëus . -like into many shapes , and we finde himself doing little better here : He dar not say positively whether he was a meer private person or not , but if he was such , then the action was extraordinary ; but what if he was not ? Then the action was neither extraordinary nor heröical , and thus we are no wiser then we were ; for we know not what to make of the action ; nor what to make of the person , but we must judge of the person by the action ; And of the action by the person . That is to say , if he was a Magistrate then the action was ordinare , but if he was a private person then the action was extraordinary : and è contra , if the action was extraordinary , he was a private person , and if it was ordinare and imitable , Then he was a publick person . Is not this a singularly satisfactory way of answereing ? But it is observable that he dar not here say that Phineas's fact was extraordinary , but that he is to be looked upon as having an extraordinary call , now a man may have an extraordinary call to an action imitable , as the Apostles had an extraordinary call to preach the Gospel , and yet that action of theirs is imitable . But how proves he this extraordinary call ? [ It is ( sayes he ) fully enough insinuated both by God's approving and rewarding him Numb . 25. ( and he rewards not our wil - service , nor approves it , but what he hath enjoyned himself ) and also by P sal . 106. where it is said Emphatically it was imputed to him for righteousnesse : though judging according to ordinary Rules , it might be imputed to him for sin ( supposeing him for a meer private man ) yet , having God's warrand , whose will is the rule of righteousnesse , the deed was imputed to him for righteousnesse ] Answ . It is true , God revvards not , nor approves not vvil-service , yet he approves and revvards other actions , then such as are extraordinary and not imitable . 2. God's imputing it unto him for rightoeusnesse , sayes clearly he vvas a private person , and that God accepted of his service as a noble act of holy zeal for God and his glory , and rather speakes out an encouragement to all , to do the like in the like case , then any extraordinary call he had , vvhich none novv can expect . Then in the 7 place he speaks of Callings & sayes that [ Every calling a man hath to any work Must be either Mediate or immediate ( there is no mids betwixt these two , as there is not between contradictories ) if they be not called by the intervention of men , & their allowance , they must plead an immediat calling from God. ] Ans . Beacause I minde not to enter into a Logomachy , or debate about words , & tearmes ; I would desre him to tell me , what call men have to run together to extinguish a fire in a city , when the Magistrates through wickednesse or negligence will not , or do not , call People forth unto that work . They have not Man's call , nor have they an immediate call from heaven , and yet they have a lawful call from God , Nature and necessity , to save the city , their houses , goods & little ones , from being burnt into ashes . And what ever name he give to this call , we will allow it to private persons to defend Religion and a land form ruine and destruction , when Magistrates do not nor will not do their duty . And when men , whether out of secret impulses , heroical motions , or out of meer sense & conscience of duty , do this , they do not desert their owne calling and state , like these spirits lud . ver . 6. Nor do they intrude upon the Magistrate's office , though they do materially that work for that exigent , which Magistrates by office were bound to do , being called thereto by God , by Nature , and the call of inevitable necessity , which knoweth no humane law , and to which some divine positive lawes will cede . But then he sayes Pag. 115. [ Why is not also sufficient for the office of the Ministery without a call from men externally ? ] Answ . And doth he think that necessity will not allow a man sufficiently gifted and qualified to exerce that office without an externall call from men , in some cases ? What if a company of Men be cast out on an island , having no correspondence nor possibility of correspondence with other places , whence they might have some lawfully called Minister ; and there be one among them qualified for the work , might not he in that case think himself called of God to exerce that function ? And when we grant this , we need not yeeld unto Anabaptists , Enthusiasts photinians , or the like , who are against an external call at any time , alledging that gifts are sufficient [ And ( sayes he ) how shall be refuse to admit women to Baptize Children in case of necessity ? ] Answ . He shall not refuse providing he shew the necessity , which he shall not be able to do unlesse he turne Papist , and then he will imbrace the consequent also , without our admission . In the 8 place he comes to tell us that [ It is in vaine to say that God's hand is not shortened , &c. for our question is not of that , but if now after the Canon of holy Scripture is perfected sealed and consigned , we have warrand to look for any extraordinary persosones , having Gods secret and special Mandates , to do works which any ordinary calling doth not interest them in ? ] Answ . Prophecyes and predictions of future events , are not works , which any ordinary calling men have , by allowance and approbation of Men , according to the rules of common reason and the word , doth interest them in ; and doth he think God's sealing and perfecting the Canon of Scripture hath so bound him up , as that he will not , or cannot now give such a Spirit unto any ? 2. The question rather is ; Whether now when the Canon is sealed and perfected , examples of Zeal and valiant acting for God and his glory , in times of corruption and wicknesse , in actions not contrary to the Law of God , registrated in Scripture , be not for our use and instruction , and imitable ? When Naphtaly wished that all God's People were as Phineas He concurreth with him [ In wishing that they may be filled with zeal to his glory as Phineas was ; but not that they should have the same exercise of zeal , unlesse they could be certified of their warrand and calling to do so , as he was . ] Ans . That he was certified of his calling & warrand we doubt not , but that he had such a call as no man now is capable of , is the question ; & he hath not yet cleared it . [ The Apostles of Christ ( sayes he ) are to us examples of zeal for God in their Ministery ; but who will say that the acts which they Zealously did , by virtue of their extraordinary calling , as Peter's killing Ananias , are for our imitation . ] Answ . Peter killed Ananias and Sapphira by a power of miracles , which none now have . Phineas did not kill the Prince and his whore , by a power of miracles . Their examples are imitable according to our power and the exigence of the like necessity ; and therefore Ministers should novv out of zeal , use Church censures , against such dissemblers when discovered : And so we grant that to follow at the facts of them who have been truely Zealous for God , were indeed an evil Zeal , like the zeal of the Disciples Luk. 9 : ver . 54. and we shall willingly hearken to Peter Martyr's his words Loc. Com. Class . 2. Cap. 9. and grant-that We must beware to confirme any thing which we vehemently and extraordinarily desire by the exemple of predecessours . And that , when we attempt the doing of any thing contrary to ordinary commands of God , it is not enough to produce the example of others , but we must search by what Spirit we are led , lest under a specious pretext we follow carnal affection and prudence . And yet say , that in some cases private persons may execute ●udgement on Malefactors , after the example of the Prophet Elias killing Baals Priests , 1 King. 18. Which fact Peter Martyr in the same place , n. 4. defendeth thus [ I say it was done by the Law of God : for Deut. 18. God decerned that the false Prophet should die , and Cap. 17. the same is said of private Men and Women who would worshipe idols . But Cap. 13. not only is death threatened against a seduceing Prophet , but a command is added , that no man should spare his brethren , the Son of his Mother , nor his son or daughter , nor his dearest or most intimate friends : Thirdly it is commanded that the whole city , when it becometh idolatrous should be cut off by fire & sword : And Lev. 24. it is statuted , that the blasphemer should not live ; to which we may adde the Law or equity of Taliation ; for these Prophets of Baal caused Iezebel and Ahab kill the servants of the Lord. ] He sayes ( it is true ) that King Ahab being present did consent , and did not withstand ; but we see nothing in the text shewing that the Prophet founded his fact upon that consent . It is true , the King might have been so astonished by that prodigious sight , that he durst not spurne against the Prophet , and all the People : But that for all this , he gave any expresse command , either through fear , or desire to have raine ; or that the Prophet either sought , or had his warrand and command for what he did , we see no ground for it in the text , More then Samuel had warrand of Saul when he killed Agag before his eyes , whom he should have killed himself according to the command of God. Thus have I answered all which this pamphleter hath said concerning Phineas his fact : for what followeth to the end of his pamplet , is not much to this matter , & hath been spoken to formerly : and though I have done so , I would not have the Reader to think , that I do look upon that example of Phineas as a binding precedent in all times to all persons , unlesse it be every way so circumstantiated as it was then . And furder I suppose it will fully satisfy this Surveyer and stope his Mouth abundantly , if I shall secure him from any such dag or dagger . To which End , because I can do no more , I do heartily wish , That none of God's People do in that manner defile their fingers on him or on any of his cursed fraternity , to whom God is reserving ( if they repent not ) the vengeance of hell fire , and possibly a visible stroke of justice on Earth , in a way which will be more to the glory of God , and to the satisfaction of all such as love his cause and his comeing . CAP. XXI . Some Animadversions upon the Surveyer's Virulent preface and Title-page . WHen thus we have fully examined and confuted vvhat this Enemy hath said , in this part of his Survey . It will not be amisse , till we see what he sayes further in the following part or parts of this infamous work of his , to touch a little upon his Title-page and his most bitter , and satirick preface , which is a perfect proof of the man's Spirit : for he cometh forth in his owne colours , & with his tongue speaketh no flattering words , nor words of butter , but both heart and tongue are full of gall and worm word ; So that his Name should not be Honeyman but Wormwood-Man or Man of gall . 1. He calleth his work a Survey . Or rather a Superficial view : For No man , who ever put pen to paper , took such an overly look , of the books which he pretended to answere , as this Man doth of these books which he mentioneth in the title page of his scurril pamphlet , as hath been abundantly already shewed : And if he do no more in the following part or parts , then he hath done in this first part , he may deservedly bear the name of a Superficial prelate superficially viewing his adversaryes forces , & superficially managing the tottering cause ; for which he should have been superficially rewarded . 2. A Survey of what ? Of the insolent and infamous libel , Entituled , Naphtali &c. But whether his railing pamphlet , or Naphtali do best deserve the title of an insolent and Infamous lybel , let the Reader judge when he hath considered , first , that as Naphtali came forth without the author's or printer's name prefixed , ( for which every one may be convinced there was sufficient reason , seing such hath been and is the wickednesse and cruelty of corrupted tyrannical Courts , and of none more then our Court novv in being , that none durst without manifest hazard openly rebuke in the gate , or in printe shevv the iniquity of their vvayes . Yea Or vindicate such as oppose their tyranny and cruelty . So doth this Survey , vvhose author could be under no rational feare from the povvers novv in being , for his advocating their cause ; seing he hath been so richly revvarded for the same , as is sufficiently knovvne : And therefore , his Survey deserveth much more to be tearmed Libellus Famosus ; seing notwithstanding of the warrand , Yea & reward of the Magistrates , he dar not owne it , by prefixing his name to it ; Nor dar the very printer prefix his name . Next the nature of Naphtali's discourse is but an historical deduction of the troubles , the Church of Scotland , in her reformation , hath met with at the hands of a popish , prelatical and Malignant faction , with a necessary vindication of the truth , which is allovved to all historians , that thereby , truth may be the more cleared , and the Readers more edifyed by the history . And who ever heard such a faire and cleare deduction of Matters of Fact , together with a few reasons here and there cast in for the Readers further ●atisfaction ; called an Infamous lybel , till this impudent ignoramus arose ? And as for his pamphlet , do not all see , who consider either its scope , or its method , or the vvhole straine of the discourse , that it can be tearmed nothing else , then a most impudent , insolent and infamous libel , being not only larded , with bitter invectives against the Cause and People of God , and railing speaches more suteable ( if suteable for any rational creature ) for open scolds and brawling wives , then for a man , ( unlesse he except such a man , as hath by perjury and more then feminine levity , declared himself , by his owne grant , to be one of a debauched conscience ) but also tending most falsly to father on the honest people of God such things as never came into their mindes : Whereby this railing Rabshakeh proveth himself , to all sober judicious persons , to be an impudent lying calumniator ; and his pamphlet , a more then ordinarily insolent , base , lying , and infamous libel . 3. He tels us , that in his Survey , several things falling in debate in these times are considered . But by vvhat vve have said , vve have seen , that such things as he hath in the preceeding chapters considered , for the most part , are either such things as should be put beyond debate , by all who have not renunced Humanity , Reason , & Religion ; or such things concerning which himself hath needlesly and foolishly ( as it may be his rewarders will finde ) moved the debate ; unlesse he bring some other things above board , in the next part or parts , then we see in this ? 4. Moreover , he tells us , that [ here some doctrines in Lex Rex & Apol. Narration ( he should have said relation ) are brought to the touch stone . ] But if in what he hath furder to say , he mention not some other doctrines , then what we see in 〈…〉 every rational Man vvill see that he hath rather brought some drops then doctrines of these books to any touch stone , yea even to the touch stone of his owne unsolid and buttery fancy , for his Reason hath no pallat to taste truth aright . 5. In this 1. part he tels us that [ He Represents the dreadful aspect of Naphtali's principles upon the powers Ordained of God , and detects the horrid consequences in practice , necessarily resulting from such principles . But more truely , the dreadful state of his owne distempered braine , both in his judgment , misunderstanding what Naphtaly sayes , and in his ratiocinative faculty , giving us nothing but non-sequitur's for clear consequences , And the manifestly dreadful aspect , which his owne principles have on all Commonwealthes , and on all Rational and Religious persons , together with the affected stile of a base & ignorant gnatho , Time serving parasite & Royally rewarded court flatterer , who having a latitudinarian's conscience , or rather a conscience utterly ( I wish , not irrecoverably ) debauched , maketh no conscience what he sayeth , if he can please King and Court : And how pernicious such Sycophants have been to Kings in all ages , histories sufficiently declare . 6. Then he praefixeth , Iob 13 : ver . 7 , 9 , 11. will you speak wickedly for God , &c. A passage which most fitly quadrats with him ( unlesse he say he intendeth not to plead for God , but for a creature , yea and upon the matter , for the devil ) who , as Job's Friends conspired against Iob , and maintained a wrong thesis , & erred no lesse in the hypothesis or in the application to Iob ; so he conspireth with other Royalists to defend erroneous and long-since decarded theses , and maketh as evil applications to our present case , as hath been shewed . His discourse sheweth to all that he is an accepter of persons , not secretly indeed , but openly ; and so this forger of lies speaks wickedly for the King , who is ( very like ) all his God : But we are confident , God shall search him out and reprove him . Then he prefixeth , Psal . 144 : ver . 10. It is he that giveth Salvation unto Kings , who delivereth David his Servant from the hurtful sword . A noble truth , which all Kings would look to , and if they expected any good of this good word , would ●ay out themselves for this God and this 〈◊〉 , and not stand in opposition against him , lest they fince that he who is terrible to the Kings of the Earth , Psal . 76 : ver . 12. And Made higher then the Kings of the Earth , Psal . 89 : ver . 27. Shall not spare but strick thorow Kings in the day of his wrath , Ps . 110 : 5. And finde a way to make good that , Psal . 149 : v. 5 , — 9. [ For the Lord ●aketh pleasure in his people , he will beautify the meek with salvation , let the saints be joyful in glory , let them sing aloud upon their beds , let the high praises of God be in their mouth , and a two edged sword in their hand , to execute vengeance upon the heathen , and punishments upon the people . To binde their Kings with chaines , and their Nobles with fetters of iron . To execute upon them the judgment written : This honour have all the saints , praise ye the Lord. ] But it is to be observed , that by his bringing forth of this place of scripture , he vvorld make the vvould beleeve , that the party he opposeth is thirsting for the life of the King , which is but this false calumniator's fiction : & we shall make use of the very next words of that same Psal . 144. v. 11. & say [ Rid us and deliver us from the hand of strange Children whose mouth speaketh vanity , and their right hand is a right hand of falshood . ] And in the last place prefixeth Proverb . cap. 24 : ver . 21 , 22. My Son feare thou the Lord and the King , and meddle not with them that are given to change , &c. And doth he account himself and his party , fearers of God , who have so Apostatized , and palpably perjured themselves ? and doth he think , that such as feare not God can ever fear the King aright ? If he do , he is mistaken . And who are most given to changes , They or we , let the World judge . What was this impudent man's brazen face doing while he wrote downe this passage ? What was his debauched conscience doing ? Was there no blushing ? Was there no conviction ? Did not this text flee in his face ? If not , sure his conscience must be extreamly debauched , and I fear fea●ed with a hote iron . And therefore let us take notice of this , and meddle not with such as are given to change , knowing that the following word shall be made good . 〈◊〉 calamity shall rise suddenly and who knoweth their ruine ? Our King liveth , and he shall come . Even so come Lord Jesus , and let all thine Enemies perish . But now let us come to his preface , that master piece of verulency . 1. He tells us it hath been , and is the lot of the ●ilitant Church to be as it were grinded betwixt the two milstones of a 〈◊〉 and Atheisticall world , and of a party pretending highly for truth and piety . And amongst the last ( by whom he meaneth the Sect of the Anabaptists ) he would reckon the faithful of the land , who adhere to their Covenants , and are constantly set against that abjured hierarchy . But when we marke his scope , we see what he would say in plaine tearmes , if he durst for shame , viz. That they are now the only militant Church of the Lord in Scotland . This is a great change , I confesse , when Christ shall have no other Church in Scotland , but the perjured , apostatical , popish , prelatical and malignant faction , that hath been from the beginning , an heart and avowed enemy to the Church and People of God , and never more wicked and debauched then it is this day : And yet so holy is it , that it must arrogate to itself alone , the name of the Church . But what Church ? Be-like the Synagoge of Satan which call themselves jewes but are not , or that coetus malignantium ( as the vulgar hath it ) Psal . 26 : v. 4. The congregation of evil deors which should be hated and not joynd with . They the Church , who have banished Christ out of the Church , abjured his interests , persecuted to the death his brethren and followers ? Must they be the Church , who are a company of perjured Apostats , prophane ranters , Men of debauched consciences , wicked lives , corrupt principles , prodigiously licentious , and running to all excesse of riot & iniquity ? They the only Church , whose chief Fathers are Apostate Prelats , sensual , brutish , latitudinarian Epicures , void of the faith , Enemies to piety , carnal worldings , whose God is their belly , who minde earthly things , & whose end shall be destruction , dogs , evill workers , and the concision , of which we should b●●are ? Phil. 2 : ver 2. Are these Prelate Bite-sheeps , rather then Bishops , blamelesse , the husbands of one wife ? Are they Vigilant , unlesse when they have much wine to devoure , or a feast to hold to Bacchus ? Are they sober , who glutt themselves in sensuality ? Are they of good beheaviour , whose carriage is abhominable to all sober persons ? Are they given to hospitality , who , if they could effectuat it , would not suffer a godly person to have the benefite of one nights Lodging in all the land ? Are they apt to teach , who have rejected Christ and his truth , and cry up and commend Socinian brats and impoisoned books ? Are not they given to wine ? Witnesse all who converse with some of them . Are they no strickers , who are ringleaders in persecution , and stirre up the powers to spew out their venome , against the small remnant of the honest covenanters in the land ? are not they greedy of filthy Lucre , who oppresse all under them , & for a Bishop's benefice have made shipewrack of their faith , soul and conscience ? Are they patient who are so soon sadled ; are not they Brawlers ? Witnesse this pamphleting prelate ? Are not they Covetous ? Witnesse all who have to do with them . Do they rule wel their owne house , having their Children in Subjection with all gravity ; when all see that their families are nurseries of pride , vanity , pompe prodigality , idlenesse , profanity and sensuality ? And as for their Underling-curats , the scumme of Mankinde , who seeth not their nakednesse ? Is this the Church , when they who say they sit in Moses seat , are such patrons of profanity , and patronizers of wickednesse , and unworthy to be accounted Members in any tolerably reformed Church ? Are they the militant Church , who triumph in their silks and velvets , rideing with foot mantels in Parliaments , sitting in Councils and Sessions ? I fear many , of them shall never see another triumphant Church . If they be the corne grinded betwixt two milstones , where is the professedly profane , and atheistical world which trouble them ? Sure , seing these are the only members of their Church , they must be nothing else but the Nether milstone : Nay the poor afflicted people of God finde them the upper milstone too : for by them and at their instigation , are they brocken in pieces , persecuted to the death , scattered into corners ; and banished to other nations . And as he cannot give us the professedly prophane and atheistical world distinct from themselves , So he shall never be able to rank the truely godly , who are persecuted this day for righteousnesse sake , among the wilde seck of Anabaptists . As shall be shewed afterward . Ay but Pag. 5. he sayes [ As Whitgift and Hooker these godly , sage , and sagacious persons ( forsooth ) considering the tendency and consequence of some of their principles , who were vehement for Discipline , feared the breaking out of that evil ; so now they see it is come to passe for that Mystery of iniquity which worketh to the confusion of humane societies , to the bringing of divine ordinances into contempte , and to the introduceing of Libertinisme , Quakerisme , Rantisme , and Atheisme , can shrowd itself under diverse external formes of Church government . ] But sure if vve may judge of the cause by the effect , there being more Libertinisme , Quakerisme , Rantisme and Atheisme . this day in Scotland , then vvas all the vvhile that presbyterian government vvas in vigour , vve must say that Prelates and Prelatical principles usher in these evils , vvhich shroud more under their lap , then under presbyterians : Anabaptists : he tells us out of Ames Fresh Sute Pag. 93. had their owne Bishops , but vvhere findes he that they had Presbyterian government ? It seemeth then that prelacy can comply better vvith Anabaptisme , then presbytery ; and so it will indeed : For they being tvvo of Satan's devices must not discorde . It vvould appear that neither Whitgift nor Hooker have been so sage or sagacious , nor himself so sharpsighted , as to see such furious Spirits lurking under our lap ; we and all see them rather svvarming under his ovvn lap . 2. This instrument of Satan cometh next to sowe some tares , Pag. 5 , 6. and pretending much tendernesse to some moderat men ( as he calleth them ) of our way , he adviseth them for God's glory , the honour of his reformed Churches , compassion to seduced souls , and true interest of their ovvne reputation , to disclaime by some publick deed , what Naphtaly sayes , left they be accounted partakers of the guilt . But wise and sagacious persons will easily see this snare , and will not lay much weight upon all this perjured wretches faire pretensions , and will readily be convinced that there is no such vile things issueing from Naphtaly ( when what he sayes is rightly understood , and not wiredrawne and miserably throvvne vvith prejudice ) nor such doctrines or practices , there asserted or maintained , Hovv ever this railer call them scandalous and shameful , as they need to be ashamed of , and that it vvill neither be for the glory of God , the honour of his Churches , the good of souls , nor their ovvne credite , to dance to this man's pipe , to follovv divisive motions , contrare to our Covenants , to joyne-in vvith malignant Apostates , constant and svvorne enemies to the vvork of reformation , to make the heart of the people of God sad whom the Lord would not have made sad ; & to fortify & strengthen the hands of the wicked . Verbum sapienti fas est , we know the proverb , it is not good for the lambs , when the fox preacheth . 3. This meek man tells us next , That it is not his designe to offend the generation of the humble , meek , self denyed seekers of God's face , partakers with him of the same precious faith , and runing to obtaine the same prize of the inheritance . O! who can decyphere unto us these persons ; who are these humble meek , self-denyed seekers of God's face , whom this man will not grieve ? Are these the latitudinarian Atheists , the Gallioes , the coldrife Laôdiceans , who care not what Religion be professed ? It is like men of that principle , will not be much grieved by any thing which he hath said O! but he meaneth some of those who differ from him in judgment in some particulars : but what are these particulars ? Meum and tuum ? I feare he take not such for meeke humble or self denyed persons , and they will have as little reason to take him for such an one . Are these particulars , Church Government ? And who are these who differ from him in that poynt , whom he accounts humble meek and self denyed ? Possibly the few honest publick resolutioners . But I suppose these faithful Men desire none of his commendations . Neither will they look upon themselves as partakers of the same precious faith with him and his fraternity , who have made shipewrak of their faith . Nor do they minde to run to obtaine the same prize with him and his perjured fraternity ▪ which will be the broad roll , the long & broad curse , which will enter into the house of him that sweareth falsly , and the heavy wrath and vengeance of God due to apostates ; as they like not to turne Prelates , and swallow downe bishopriks which , is all the prize , and all the inheritance , which some run over light and conscience and all , to obtaine . Doth this wicked Man still intende to sowe sedition , and to widen that difference ? Is he ignorant of the original of that sad contest ? Is he yet to be informed that the rational feares and foresight of not a few of these Ministers and Professors who obtained mercy to be jealous for the Lord , did impose a necessity upon them ( in order to the preventing of a re-establishing and re-introduceing of these abjured abhominations ) to Dissent from , and protest against , the course which was at that time taken , in public judicatories : And upon the other hand these godly men ( whom , with much sorrow of heart , and the greatest of reluctancies , they did oppose , as knoweing how really deare the precious interests of Christ were to them ) being Conscious of their ovvne integrity and streightnesse , in the matters of God , and measureing others by themselves , ( or thinking it hardly possible ; yea rather morally impossible ; that the very same men , who had joyned with them in so solemne an ingagement to God , and by vvhom , the souls of his People thorovv the Land , had been brought under the bond of the Covenant , could , vvhile pretending to their former streightnesse be such miscreants and monsters , that neither any Conscience toward God , nor shame before the world , could bind them to the good behaviour , and tye them up from returneing to their former vomit ) did mistake their brethren in that opposition , and became jealous of them ; and did likewise by a sad overplus of ill grounded Charity , mistake the enemies of the work of God for friends ; and because they had once with them ingaged to pluk up that unhallowed plant of prelacy , as none of Gods planteing , under an Anathema Maranatha , they vvere not suspicious that this accursed thing vvas still vvith them , or that after they had joyned vvith them , in commending the good wayes of God , and crying Grace Grace upon the building , they should vvith the same breath , cry out Crucify Crucify all the friends of the vvork of God ; and by an unparalleled dissimulation , onely be vvatching for an opportunity of bursting his bonds asunder , and casting avvay his cords from them : He cannot be ignorant , I say , that this gave the rise to all these sad debats ; and therefore , I am hopeful and confident , that vvhen that mystery of iniquity vvhich vvas then vvorking , is novv manifest ; and vvhen that Conspiracy against God ; vvhich did then lurk and lay hide under the vaile of friendship to the vvork of God , is novv broke forth to the hight of rebellion against him vvho is King in Zion , that all the Controversies vvhich henceforth shall be betvveen these brethren , shall be buryed in this one blessed contest , vvho shall love God most , and one another best ; vvho shall most earnestly and eagerly contend for the faith once delivered to the saints , who shall be most forward in following the Lord fully , and peremptory in adhereing to the least hove of the precious truths of Christ , now trampled upon by these overturners and supplanters : Yea , I am confident , that these godly men who have been most deceived and cheated into a credulity of the honesty and integrity of them , who are now gone out from them , because they were never of them , will judge that they are more particularly and especially concerned to set themselves in opposition to these dissembling Apostats , and use all lavvful means to overturne these treacherous overturners , and put the Church of Sotland in Statu quo prius , since by the intrusting of the cause to these men of perfidy , the cause hath been lost , and themselves are Lorded over , together vvith the rest of the inheritance of the Lord : Let me once more say that , I hope , this shall be the effect , vvhich his second attempt to a further division amongst the remnant , vvho stand in opposition to the vvay of these vvicked men , shall have amongst his Servants , and that the divider shall live to see his disigne mis give and hear a sweet harmony ( after all former jarring discords ) amongst the servants of the Lord , in singing a Higgajon selah because this vvicked man vvith his complices are insnared in this and other vvorks of their ovvne hands . 4. He goeth on in his fascination ( but in vaine is the net spread in the sight of any bird ) and would persuade us , that he can not take these humble , meek , self denyed seekers of God , as partakers with Naphtaly and his adherents : For why ? [ who can imagine ( sayes he ) that a meek people , who hath the promise of God's teaching , should be so far transported , as to take the circumstantials of Religion , for the greater and weighty matters of Law and Gospel , without which known and beleeved , none can come to God ? ] Can we think , or can any but this wretch , who feareth not God , think , that the observing of sacred Covenants , made about the life and substantials of Religion , as well as more external things , is no great and weighty matter of the Law ? No humble understanding seeker of God , but , though he knoweth there is a difference betwixt the circumstantialls of Religion , and the weightier matters of Law and Gospel , yet , as He will not account every thing circumstantial , which this circumstantially substantial Prelat , vvil call so ; so , He vvill have a tender regard to every thing , vvhich Christ hath appoynted in his house . But , I pray , vvho can take his Man for one of these meek people vvho hath the promise of God's teaching , vvho to obtaine a bishoprick , a circumstantial in his account , ( but really to him and his collegues a substantiall sappy thing , & to sensual carnal Epicures and bellygods , and to such as care for no other portion , but one in this life ) hath sold and given away the most weighty matters of Law and Gospel both ? And how he shall then come to God , unlesse he repent , I see not ; It may be the needle headed casuist hath found out a new way , and ( if not sure and saife , yet ) to his experience easy and honourable , viz. by ascending from a Presbyter to a Prelate : But whither next ? Exitus acta probat , either backward , or headlong downe the precipice . Againe [ Who can think ( sayes he ) that an intelligent people should account , that the concernes of Christ's Kingdome and their owne salvation , do lye with so much stresse upon this poynt , that the weakest and most ignorant Minister shall have a potestative parity , with the Man of greatest gifts , learning , and knowledge ; that the minister weakest in his prudentialls , should have equal authority in the managing of the matters of God's house , with the wisest and one of the most noted prudence ; that the youngest , rawest and most unexperienced Minister should have as much power in ruleing the house of God , as the Man fullest of years , whose judgment is consolidated and ripened for government , and who hath for a long time given such documents of good and wise behaviour , that makes him fitter to rule the younger sort , then to be ruled by them ? ] Answ . No doubt but ye are the people and wisdome shall die with you , yee are the Men of greatest gifts , learning and knowledge , viz. to devoure cups , loose the knots of Govenants , and to lead people the broad way to hell ; you are the wisest and most noted for prudence , in that carnal wisdome , which is enmity to God , and in that worldly way of selling soul and conscience , to purchase , greetings in the high wayes , high places , honours , revenues , Court stations , Court rewards , and Court complements , &c. You are the Men fullest of years , whose judgment is consolidated & ripened for government , giving for along time documents of good and wise behaviour , having not only your judgments stupidly blinded , but consciences seared and ripened for a dreadful plague ; and of this , have you for a long time given sufficient documents , by shewing how chamelion-like you can change all colours , and how wittily you can turne with all tydes , and have a behaviour suteable for all companyes , but the company of God's people . O ye Seraphical Divines , or or rather Dunces ! O ye sufficiently qualified for a bacchus barrel ! O ye sublime Doctors of the blake art of perjury ! O ye learned Clerks in the mysteries of the Kingdome of Darknesse ! O ye whose prudence is to saile with all windes ! O ye Men of judgment consolidated into a stone , having no conscience , and far lesse piety ? Doubtlesse you are the Men , the only Men fit for the sole possessing of that potestative power and authority , to manage the matters of God's house , and to rule the young stirplings ▪ But every tree is known by its frute , and whether your singular Antichristian supereminency , or the Apostolick parity , hath best mannaged the matters of Christ's house , the present overflowing and abounding of Idolatry , Superstition , Sodomy , Adultery , Uncleanesse , Drunkenesse , Atheisme , Ignorance , Profanity , malignancy , hatred of piety , persecution of godlinesse , and such like abhominations , and the villannies of these debauched creatures the Curates , will , to all serious and sober● onlookers , determine : And by the present face of affaires , together with all that , which what is already come doth presage , compared with what was seen while Presbyterian government was in any vigour and integrity , will make all that feare the Lord , see that more of the concerns of Christ's Kingdome and their owne salvation , lyeth upon that very poynt of the discipline of Christ's house , then by many hath been thought , and will be a sufficient confirmation , that this parity , and not their domineering superiority , was the only forme of government established by Christ and his Apostles . Moreover he sayes , [ Or who can see the prejudice to Christ's Kingdome , and precious souls , if such a worthy person ( as is described ) be intrusted with inspection over other Brethren and Churches , in a reasonable bounds , not with a dominative or lordly power , but paternal and fatherly ; not to do after his owne arbitrement , and as one unchallengeable in his actions , but to be regulated by acts of the Church and Land , and to be responsible to his Super tours in case of maleversation ; not to rule solely , but with the consent and Counsel of Presbysers ; ] Answ . By this Tyranny in the Church , all may see what prejudice doth dayly come to Christ's Kingdome , and to precious souls , who will but open their eyes . By what authority should any clame that power of inspection over others , and that in a most unreasonable bounds ? Is the power of the present Lordly Lord Prelates paternal ? Sure they must be step Fathers then , and that of the cruelest kinde ? Have not the present Lordly Prelats , as much dominative and Lordly power , as ever they had in Scotland ? And do they not rule and domineer in the Church after their owne arbitrement ? Who is to controle them , unlesse the good King but a gentle curb in some or their jawes to make way for greater rage and Tyranny ? What acts of the Church are these which regulate them ? Be-like the lawes & acts which their owne lusts make , within their owne breasts ; for they are the Church , the holy Clergy , and who but they ? Who are over them as Superiours ? Sure none but the King , in their account ; and to him must they be responsible ; and if they forget not the Court-art , but laboure to keep some chief courtiers on their side , they know all will be well , and they will hear no rebukes , but well done good and faithful Servant ; but no Church judicatory is over them . But Zion's King is above them and their Superiour also , and he will call them to an account for their usurpation and Tyranny . He tells us , they rule with the consent and Counsel of Presbyters ; but when ? And where ? And how ? What ? Will they walke by the consent and Counsel of the weakest and most ignorant of Presbyters , weakest in their prudentialls , Youngest , rawest , and most unexperienced stirplings ? Sure they being men of greatest gifts , learning and knowleldge , the wisest , and most noted for purdence , Men fullest of yeers , whose judgment is consolidated and ripened for government , will think it below them to rule with the consent and counsel of those ; And experience doth prove it . 5. This noble disputant vvill come in the follovving words Pag. 7. and prove the Ius divinum of prelacy , not only against us , who hold it to be jure Antichristi ; but against King , Parliament and all the Malignant cabal , who hold it only Iure Caroli : But the man's judgment is so consolidated , and he is so vvell read in his prudentials , that he must dravv bridle , and speak spareingly , and only whisper out what he would faine be at , and say . [ Can this way be disrelished by sober Christians , being so strongly pleaded by the light of sound reason . ] Nay rather , by the light of ambition , vanity , vaine glory , love of money , luxury , covetousnesse , love of this present world more then the love of God , and the edification of his Church ; As all who are not sworne slaves to the perjured prelates will confidently averre sub rosa . [ Making so much ( sayes he ) for the comelinesse and order of Chrisi's Church . ] Rather so much for the deformity , confusion and destruction of the Church , and of all true Church-order , as not only all who have eyes in their heads will grant , but the present frutes and effects cry out to all the world . [ Being ( he addeth ) so suteable and correspondent to the ancient government of the Church of Israel wherein there wee Priests , and chief Priests , and several rankes of Ministers , an order which was neither typical nor temporal ; but hath a standing reason reaching us . ] O so bravely as this advocat pleads for the Pope ! hath he gote the promise of a Cardinal's cap for his paines ? Because there was one high Priest over all the Church , must we have also one Pope ? Good Master Prelate prove your consequence , for we see no such standing reason reaching us , as to this ; nor as to what you would conclude , the case being the same . [ Being ( sayes he ) so conforme to the beginnings of Christ's ordering the New Testament Ministry , where there were Apostles above the seventy disciples . ] Nay rather so conforme to Antichrist's ordering of his Church ; for , as the seventy Disciples were to be no standing officers in Christ's house , so the Apostles had no superiority of order or jurisdiction over them , they were intrusted with no inspection over these . Let our Master Bishope with all his gifts , learning , and knowledge shew this if he can ? Being ( sayes he further ) so agreable to the Apostles constitution of the government of the Churches of the New Testament , which was in an imparity of power in Ministers , as is luculently exemplified in the power of Timothy , and Titus , who were not Evangelists , nor ever accounted so by the spirit of God. ] It seemeth then Paul was not acted by the spirit of God , when he said to Timothy 2 Tim. 4 : 5. do the work of an Euangelist : and since all the proof which he can bring of this , is this example of Timothy and Titus , let his consolidated and ripened judgment , taking to help , the greatest of his gifts , learning and knowledge , answere what Prinne hath said in his Unbishoping of Timothy and Titus : and let him not thus stope our mouth with his raw and blunt assertions , lest wise men think he hath neither gifts , learning , knovvledge , prudence , nor judgment , but a rarifyed vvindy braine , swelled to a great bulk vvith vanity and conceite , as who but he , who can confute all books hovv ful soever of unansvverable reasons , vvith his bare I say otherwise . [ And finally , ( sayes he ) our ascended glorious Saviour having honoured persons with that precedency by letters , written by his secretary Iohn unto them Revel 2 , and 3. Chapt , wherein he sheweth the approbation of their office and power , reproving their neglects , yet honouring them with the stile of Angels to the Churches , or his Messengers in speciall manner , which cannot , without notable pervers●on of the Scripture , be otherwise understood , but of single persons presideing over presbyters . ] Can no single person preside over prebyters , except my Lord Prelate ? Or are all presidents or moderators of presbyteries Prelates ? Nay he will be loath to say so . And what can he prove from thence ( though it were granted to him that this Angel was once single person , which cannot be till Holy and profound Mr Durham's arguments be confuted , which will be ad c●lendas Graecas ) but at most , that this Angel was a moderator of the meeting ? Was he therefore the Lord Prelate ? No , master Bishop ; your wit and learning both will not prove this . And hath your new Order and dignity , to which you are advance , O Lordly Prelate , infused no new gifts into you , that you might fasten your chaire with some new nailes or arguments ; or are you so consolidated into the old temper of your predecessours , that you must rest satisfied with what they said , as having neither gifts , learning , knowledge nor wit , to invent new things ? But could your lordly braine think of no reply to the solidanswers , which poor , weak , ignorant and unexperienced presbyters gave long agoe unto these arguments ? Why then did you chant over the old song againe , to make yourselfe but ridiculous ? Did you think that your word would have more weight , then the solid reasons of that solid and Eminent divine Holy Mr Durham in his exposition of that place ? If so , you must have a wonderful high esteem of yourselfe , which will make all wise Men to esteem the lesse of you . [ And this order ( sayes he ) Christs Church & dear spouse , having since that time retained in all places , where Churches were constitute , without exception , in all times without interruption , until this last age , wherein , through hatred of corruptions adhereing thereto under Popery , and because of the enmity of the Popish Bishops to the reformation , some have utterly without any reason rejected the office it self . ] O irrefragable dictator ! Ex tripode he dictats like another uncontrollable Master . What better is this out of your Mouth , then it was out of old Bishop Hall'● the Remonstrator , and confuted by Smectymnuus ? is this man able to answere al which Blondel hath said against this , or learned Calderwood in his Altar . Damasc . or yet to answer what his dearer friend Stilling fleet hath said to this purpose , in this Irenicum ? Why hath he not once noticed that which the author of Apologetical Relation hath said Sect. 1. Where he shewed out of History and by reason , that Palladius was the first prelate that ever Scotland saw ? And this solifidian giveth us non causam pro causâ , when he sayes that it was only the corruptions of the Prelates , that made some without reason reject them , whereas it was their want of an institution of Christ , that made all , with the irrefragability of reason , reject them as no officers of Christ : And we shall willingly conclude this with his words following [ Who can think that a Christian People will not readyly follow the footsteps of the flock in former generations . ] Provideing he will suffer us to adde this [ In so far , and so long , as they walked after their master Christ , and followed his institutions . ] 6. Then Pag. 8. He sayes it is not [ His intention Either to provock any fearers of God , who have been perhaps , in an houre of tentation , miscarryed to irregular courses , following too readyly , in the simplicity of their hearts , cunning leaders , who have had too much dominion over their faith ; these we judge worthy of greatest tendernesse in dealing with them . ] But who are those ? Sure , by the carriage of the present powers , enraged and animated by the perfidious Prelates , we heare of none who meet with any tendernesse , though he judge them worthy of greatnest tendernesse , And what are these irregular courses ? Is it an irregular course to refuse to run with this perjured Prelate & his fraternity , to the same excesse of apostasy , and as far from their sworne allegiance to God , as his debauched conscience hath carryed him ? What was the tentation which made them stand fast ? He knowes better what tentations ( and whether they lasted for a day or for an houre ) they were , which drew him off ; sure they had none such to move them to stand fast , but the fear of God ( which he stoke off ) made them mindeful of their Covenants . What are these cunning leaders which he sayes had dominion over their faith ? They follow no leader but their Master Christ . But because he hath hung his faith at the King's girdle , and hath no other principles to walk by , he supposes all others to be of his stamp , and must needs hang on some body : But he will finde them to be persons of conscience , and not so ready to follow any man in the simplicity of their hearts , as he suppo●eth . Then being in a good mood he lets out a flash of hope , saying [ Nor are we without hope that God who stills the noise of the seas , &c. Psal . 65 : ver . 7. will in time allay their animosities , and rebuke the stormy winde and seas of their passions , that they may be still ; and that he will bring them to consider their wayes , wherein they have exceeded , and give them to know how ill and bitter a thing it is to forsake their owne mercies , in the ordinances of God , for the want or having of this or that forme of external government . ] Now we see that the tender mercyes of the wicked are cruel , when we see the tendency of the best of the wishes and hopes of this Man , when he is in his best mood . But we are confident , his hopes shall perish , as doth the hope of the Hypocrite , because it is not bottomed on faith , and he hath no ground to beleeve that such as have hitherto keept themselves pure , shall at length turne in with them to the swineish pudle . We beleeve That that God who stills the noise of the seas , the noise of the waves , and the tumult of the People , shall in due time make this true of them , when he shall shew himself the hearer of prayers , and when he shall have purged away our transgressions , and shall satisfy us with the goodnesse of his house , and even of his holy temple , and so prove himself to be the God of our Salvation Psal . 65 : ver . 2 , 3 , 4 , 5. We hope also he shall bring us to consider these wayes , wherein indeed we have exceeded ; and make us know hovv ill and bitter a thing it is to forsake our owne Mercyes , in not adhereing to all the ordinances of God , so faithfully , as vve vovved in our Covenants to do , even to that external forme of government , vvhich Christ hath instituted , and hath so signally ovvned as his ordinance , by his rich blessing follovving thereupon , amongst us , vvhatever this indifferent-laodicean-latitudinarian think of the matter . 7. To vvhom then vvould this Man reach a blovv [ These we aime at ( sayes he ) in this parallel with Anabaptists , are the Naphtalian party , i e ▪ the furious sort of these who under the conduct of this teacher and his like , make sport of rebellions murthers , assassinations . ] Novv the man is in his element , dipping his pen in gall , and spevving out the venome of his heart against the zealous maintainers of the interests of Christ ; & therefore his tongue is ready to utter his mischievous calumnies , and his anile rhetorick flovveth over all its banks : for ( sayes he ) they are [ a fur●ous sort that make sport of rebellions murders assassinations ( vve knovv what this aimes at ; but he might say vvoe to ill company ) that they have hardned and harnessed their heart ( O rare thetorick ! ) ( as appears by their writtings and deeds ) that they have become stout in a ded●lent greedinesse ( O soaring elequence ! ) to commit any wickednesse , which they account meet to serve their designe , as if their supposed good cause could legitimate the worst course ( all which he must confirme with lies , and say ) who make no reckoning , as their Doctor here professeth , of overturning thrones , of making the land drunk with the blood of the inhabitants , multiplying fatherlesse and widowes in the midst thereof and introduceing greatest confusion and calamites ( because forsooth they would have the order which Christ hath established in his Church introduced , and Antichristian confusion , with all the calamities that attend it and support it , ejected and extirpated ) that may make all faces gather blacknesse , and all to smite on the thigh , crying alas for the day . ] ( No : he needs not feare that any face should gather blacknesse , or that any should have cause to cry alas for the day , but the cursed crue of apostat perjured prelats , with their underlings , supporters and adherents . ) Then he proceeds like himself [ If so be ( sayes he ) they may upon the ruins of all , erect the idol of pretended parity of Ministers , which when they have set up , the imperious agitators will ( as ▪ they have done formerly ) baffle , if any offer be , to level them to other : and howsoever the weaker brethren must be Enterteaned with faire words and noddified with notional disputs anent their parity with the best , that they may think themselves some what ; Yet how disdainfully was it , and yet would be taken , if these low shrubs should assay a practicall parity with the tall cedars in the governement of affaires . ] We see at what this wormwood man aimeth : It is a wonder what peace he hath now , seing he looketh on himself as Lord prelate , as well as the best , that he is not advanced to be a member of Councel and Lord of the Session with others . It seemeth he is content now to be noddified with a notional disput anent his parity , seing he hath gotten the fat portion he gaped for , the only desireable thing , viz. his bishoprick . Be like the thing that moveth his splene now to write thus , is because his quondā●brethren baffled him down among the weak , and did not so intrust him as they did that Arch-deceiver , his late companion in fear and perplexity : And so it would seem , he is only grieved , that he had not an equal hand with that Arch-traitour sharpe , in cutting his Mothers throat : O strange ! But , to his sorrow let him know , God will take the desire for the dead . Then he closeth that paragraph with a quirck , saying , [ Imparity was then without tittle now it is with it , and there is our change and great defection , and surely , that which hath been , will be , & there is no new thing under the Sun. ] And so may the Pope say , There was an imparity among the Apostles , ( for Peter and some others were pillars ) without a title , but now it is with a title : Is not this well pleaded O Prelatical Advocat ? But whence is your title Mr Prelate ? Or who gave you than name ? The King your God Father ? Well , then by that right you must enjoy it . but whence cometh the blessing and ratification ? Not from above , but from — . He hath forgotten one great change ; but that possibly he will account no great defection , viz. that , by which he from Mr Presbyter , wherein he was in no great account , yet noddyfied by some , is turned my Lord Prelate ; And now laboureth to noddi●y all into a consent & congratulatory acquiescence in his advancement and dignity . But Ca●aphas cometh to tell us , that surely that which hath been will be ; and so , as formerly perjured and abjured Prelates , have been cast out of Church and Commonwealth with abhomination , they shall be yet againe cast out with more abhorrence then ever ▪ Esto . The Lord hasten it in his time . 8. Then he tels us Pag. 9. [ That this furious Napht. coming ●n upon the back of the Apology , another invenomed egg , hatched ( be like ) by one and the same cockatrice ; the second justifying the rebellion to which the first did instigate , and inflaming to more , may let them who will not shut their owne eyes , see the mystery of Anabaptistical confusion working and spreading . ] This man measureth others by his owne foot , thinking that the laboures of others , for the justifying of the people of God , in defending themselves against not only invenomed principles , but also invenomed practices , of such as look rather like cockatrices then any other thing ▪ being good for nothing but to destroy , to be invenomed eggs hatched by cockatrices , because his pamphlet hatched by a cock-prelate , hath undisputably the ve●ome of such an egge in it . The Apology did instigate to no rebellion ▪ Nor doth Napht. justify any action truely so chargeable : As hath been shewed . But his egg ( novv sufficiently crushed , and put beyond the hazzard of endangering any who are wise & rational ) if brought to perfection , had brocken forth into a cockatrice , and had endangered King and Kingdomes , and all Commonwealths : And because it was full of this venome , should be condemned to the fire , by all who love their owne welfare and the welfare of Societies , and of the Church of God. But how can any see here the mysterie of Anabaptistical confusion working ? [ for ( addeth he ) although the author pretendeth highly for presbytery , which he and his complices ( hauks of the right nest ) have long agoe hewed downe in this Church , as to the practice of it . ] We knovv what this lying calumniator meaneth , and these with whom , unworthily , he was sometimes reckoned ( being as is novv apparent , a bird of another nest ) who have found grace to be faithful hithertil , will now acknowledge ( I suppose ) that such as were opposite to them in that debate , did strengthen and fortify the pillars of presbyterian government . [ Yet ( sayes he ) eviden● it is that his pretences for presbytery , are but prefaces to some further great designe of michief to Church and State. ] To whom is this evident ? Sure , I think , to none but to himself & his complices , whose plague is ( and as yet but in part ) to be in fear where no fear is : How can he make this out ? [ For ( sayes he ) having sold himself to work confusion & rebellion , he goes about to overthrow all powers ordained of God , in a most cyclopick boldnesse displaying a banner against all invested lawfully with any degree of civil or Church-power . ] This author is like the Tinkers dog , which ( according to our countrey proverb ) would gladly be among good company . He foists in his Antichristian usurped tyrannical power and dominion over the Church , among the lawful powers ordained of God. But when he sayes that Naphtali displayeth a banner against the powers ordained of God , he but sheweth his cyclopick boldnesse in averring untruths , or his astrangement to cyclopedeja , in drawing such inferences ; but both suteable to that execrated order of abjured Prelacy , in which there useth to be but few either civil or learned , as this day putteth beyond debate . Then he would make us beleeve that [ The Author doth not behave himself like Naphtaly , the hinde let loose which giveth goodly Words , &c. Genes . 49 : ver . 21. Deut. 33 : ver . 23. But as in his heart there are evil treasures of wickednesse , so in his lips and pen there is a burning fire , he strives to enflame all with the rage of his tongue , and runs upon all sorts of authorities , f●om the highest to the lowest , like a savage Beast or wilde Beare , let loose to waste and confound miserably both the visible Kingdome of Christ in the Land , and the civil Kingdome thereof setled upon the best foundations . ] The Book answered its name : for it was a hinde let loose and gave goodly words , for God , his Cause , and people ; and it is not to give goodly words , to flatter Princes or Prelates , howbeit he who judgeth like a sensualist would account such , words of goodlinesse , fairnesse and pleasantnesse . Naphtaly was satisfied with favour , and full of the blessing of the Lord : And so was this book though condemned to a fire , by such as would care little to cast the Bible into a fire too : But their favour or blessing in never expected . And when he sayes that in the Author's heart , there were evil treasures , &c. He still measureth others by himself , Naphtaly runeth not upon all sorts of authorities or any sort of authorities truely so called : He was so farr from wasting and confounding the visible Kingdome of Christ in the Land , that he was pleading for the same against all adversaries , and defending it , especially from these savage Beasts and Bears , who have already laid it waste and desolate ; and if the Lord prevent it not , shall make it the visible Kingdome of Antichrist . He was so far from troubling the civil Kingdome setled upon the best foundations , that it vvas that , at vvhich he was driving , to have the Kingdome setled upon its old , sure , and best basis , the Covenants , and Religion reformed in worshipe doctrine discipline and government . Then he must tell us that the book vvants nothing of the compleatnesse of an infamous lybel , and why ? Because [ it fals upon particular persons by name , to asperse then credit , the constant integrity of whose conversation will easily stop his foule lying mouth , in the Consciences of God's people who know them . ] If these persons get no other Orator to set forth their praises , then this man ( who is a black raven of the same nest . ) I feare their conversation shall never stop all mens mouthes . For my part I shall , and I suppose that author will be content , to referre the determination of this , to the consciences of all God's people who know them : And let such judge whether they be men of integrity , or men of constant integrity : we could tell storyes of some , but we shall for beare ; it may be a volum will be made of their prophane practices , when such as know them best , and observe their wayes , shall help us to a legend of their wayes & courses : And when the world seeth this , It will judge of the integrity of their conversation : but enough of this trash here . 9. In the follovving paragraph , beginning Pag. 10. he is at some demurre , not knovving vvell vvhat course to take vvith that book , which this true Cretian calleth a bundle of impudent lyes and falshoods , grosse slanders and revileings , not one of which hath he as yet discovered . But where lay the difficulty ? [ Upon the one hand sayes he ) it was thought best to neglect the rage of this man ( if one that hath so much renunced humanity , as he is here seen to do , may be so tearmed ) lest by being noticed he might think himself some what . ] A very hard censure , to make a supposition , if one who speaketh with so much weight of reason , as transcendeth the reach of this animal , may be tearmed a man , If the supposer were not known , to be no acute judge , being animal amphibion bipes a double face'd gentle man , vvho hath turned his coat & his tongue too . But why would he grudge poor Naphtali this ? Or doth he think that his taking notice of him , will make him esteem the more highly of himself ? Not one white : a stout man will never think himfelf the more valiant , 〈◊〉 a foolish childe set upon him with a straw . Was there no other reason . [ Especially ( sayes he ) lest People ( who as they affect are ordinarily opinionated ) might have too much matter 〈◊〉 ●eed their humour , to fournish their light discourses , 〈◊〉 to ensnare their souls , by representing to them the matters of this libel ( worthy to be buried in oblivion ) they being too apt ( whatever Salvo might be added ) to receive the poison without the antidote , according to their prejudices . ] This was a good consideration , and if the Man had been as tender as he pretendeth to be , hes hould not have digged up what deserved to be buried , especially since he might have known he was not able to prepare a sufficient antidote : But thought he that his silence would have hindered any to have pondered that book ? I beleeve indeed his silence had done more good to the King and his cause , then all his hote work is like to do ; and he hath done more to insnare souls ( if it be to insnare them ) then Naphtaly did , I do not meane by representing some other things to the consideration of people ; but by his adding so weak and inconsiderable a Salvo , that he fixed what Naphtaly said more deeply in their hearts , if judicious Readers did not account it unanswerable before they did see his weak & non-answereing Reply . What further , [ It seemed also ( Sayes he ) a matter full of tediousnesse to a well composed heart , to enter into a fire of endlesse strife and continual reciprocation of altercations , wherein a Man is not likely to finde more truth then he hath already ( truth in the most important matters in the book having been of old fully vindicated by learned hands , and nothing now opposed , but old songs chanted over and over againe ) although like enough to lose much of that charity and calme and composed temper of heart which he had before . ] Then it seemeth his heart was not a well composed heart ; for it did not seem tedious unto him , to enter into this fire of endlesse strife and continual reciprocation of altercation , and to spend so much time , and paper , and paines in vaine : And we must pity his case now , who hath lost much of that charity and calme and composed temper of heart , which he had formetly , Sed qui nihil habet , nihil amittit , a little stok is soon wasted . By whom to this day was Lex Rex answered ? And doth not himself say that Naphtaly out stripes his Masters , even as to the most important matters of the book ? Hovv is it then that he sayes there is nothing but old songs chanted over and over againe ? This Man is sui similis , As yet as inconsistent with himself in his words , as in his walk . But seing he had the help of so many old Vindicators , hovv comes it that he hath acted his part so childishly , and vindicated the King's cause worse then any Man that ever put pen to paper ; as is shewed ? Why did not this pigmay set himself upon their shoulders that he might have seemed something ? What was there more on this hand ? [ What Man is he ( sayes he ) that knowing how much more important work he hath upon his hand for his owne salvation , and honouring God in his station in the World , would willingly engadge in endlesse contests with persons , whose idlenesse gives them too great opportunity of evil doing , and who having cast by the Lord's work in building his Church , are too much set to do Satan's vvork in dissipating the same . ] Then this Man thinketh it is inconsistent vvith one to minde the vvork of his vvne salvation , and to defend the King's cause , vvhich is very true , Let the King and his party notice this . But it is strange , that seing he thought the vvork of his opposers Satan's , he should not think it incumbent to a tender soul to do vvhat he can to destroy the vvorks of the Devil : vve see also that the love of money is the root of all evil , and hath caused him run greedily after the error of Balaam for revvard , for to purchase the hire , he hath cast by the important vvork of his salvation , and laid aside the honouring of God in his station . This is the Man 's constant integrity . As for those Men whose idlenesse he talkes of , if he meane Ministers , he knoweth who hindereth them from doing the work of the Lord in building his Church , and they will ansvvere for it , and he also for his share in that , and for this vvork of Satan vvhich a little money hath prompted him to : and vvhen they are vvrestling and pleading for Zion and the cause of her King , God vvill not account them idle nor evil doers nor setters up of Satans work : What further ! [ It seemed honourable enough ( sayes he ) to decline this contention and strife , which is like the letting out of watters , in expectation that either Mansconscience ( if it be not infinitly corrupted ) may the confute him in most of his assertions , and standers , or that his manifest unchristian dealing , may help to open the eyes of such as he labours to delude , and bring them to abhorre his way ; or that the really Religious and righteous dealings of Church and State , may more forcibly put him to silence then words or writings can . ] It had been indeed more advantagious to the King's cause , ( and lesse dishonourable to himself ) to have been silent , then thus to have letten out waters to the King 's great prejudice , and his owne discredit . If he had any expectation that the Man's conscience would have confuted him in most of his assertions , why did he hinder that work , by confirming him in the truth of his assertions by his weak and foolish replyes ? Praestat otiari quam nihil agere : and why did he not more manfully discover these unchristian dealings , the better to undeceive such as he supposeth were deluded ? What are these manifest unchristian dealings of his ? Sure the event hath and shall furder , we hope , declare that his owne dealing hath been much more manifestly unchristian ▪ by labouring to blinde the eyes of such as savv before . But I suppose he may talke at leasure of his proselyts . When the really religious and righteous dealings of Church and State shall forcibly confute what is there said , we know not . Sure , when ever their actions become really Religious , and righteous , they will condemne his pamphlet to the fire , and himself to the correction-house , and approve of all which is said in Naphtaly , [ Sometimes ( sayes he ) keeping silence is seasonable , the Man according to God's owne heart would not suffer Shimei's revileings to be repayed upon the head of that dead dog ; Hezekiah discharged to answere a word to railing Rabshakeh ; Ieremiah the Prophet , contradicted by the false Prophet Hananiah , went his way and said nothing : The wise Solomon forbids to take heed to all words , that are spoken , and to answer a fool according to to his folly ; The Lord of Kings and Prophets sometimes answered not his accusers a word ] True , sometimes silence is not only seasonable but 〈◊〉 ; and so would the Kings cause have found it now and by his answering , not withstanding of what he here sayes , it would seem that Naphtaly is no Shimes , Rabshakeh , Hananiah , nor fool , nor an enemy to Christ . Or that the King is not like the Man according to God's heart , nor like good Hezekiah : Nor is this Pamphleter like Ieremiah , nor hath follovved either Solomon's advice , or Christ's example . But I see not why both may not be true . Yet furder : [ So it seemed fit to let alone an insolent and forward railer and mocker , and not to lavish out precious time , which might be better bestowed , upon one that gives such visible evidences both of a reasonlesse and unchristian Spirit , whose libel may be reckoned amongst the things , quae spreta exolescunt , and worthy to be answered with nothing but silence & contempt , ] Then it seemeth he expecteth a reward also from the Author of Naphtaly , for lavishing out so much of his precious time to keep in memory such a book , which if he had miskend , would have dyed out of minde , and which he hath honoured with another answere then silence ; but all the reward he can expect will be but par pari referre , payment without putting any thing in his purse , and yet a payment in his owne coine . Then , to him it is a lavishing of precious time to maintaine the King's cause : it seemeth also that he hath lavished out much time upon it , and what will not money do ? The gredy gapeing after which , will make a Man , not only lavish out precious time needlesly , But also put honour and respect on what he accounteth worthy of contempt . 10. Let us see what did preponderat and bring this tossed Man to a firme resolution , and determine him to bring this brate to light , this product of his ill composed heart , and not well tempered braine . [ Upon the other hand ( sayes he ) it seemed something hard ( especially in such a distempered time ) to suffer an insolent person , in whose mouth is a rode of pride , to cast the truth downe to the ground , without control , and to tread upon , and triumph over a holy and righteous cause , and upon honourable persons of all ranks , engaged in the maintainance thereof in so abusive , despiteful and intolerable a way , and not give him any check . Not to put some stop to this furious driver , who againe and againe assaults this Church with vile lyes and reproaches , looked like the betraying and deserting of an honest and honoruable cause , or like the hirelings seeing the Wolfe , and flying and leaving the flock to be destroyed with delusion , fugisti quia tacuisti . There is an evil silence that leaves Men in sin , as well as an evil speaking that leads Men to sin ; and we are not only to give an account pro atio so verbo , but pro otioso silentio , for idle silence ; when God , and the publick necessity of the Church , or Society whereof we are members , Calleth for a valiant ( not brutishly violent and forcible way , such as this mans pleads for ) and rational contending for the truth . It is sinful pusillanimity , and not warrantable prudence to see truth fall in the streets and not lift it up . And verily this man seems to be amongst these of Whom Solomon sayes Prov. 26 : v. 5. who must be answered lest he seem wise in his owne conceite , and to be amongst these Tit. 1 : v. 10 , 11. unruly and vaine talkers and deceivers , whose mouths must be stopped that the gangrene of his words may not creep further to the consumption & subversion of Church & State. ] Faire words ad faciendum populum , qui si decipi vult , decipiatur . But he hath this disadvantage , that few that know him will beleeve , that these or any of these are the true cause of this undertaking : But that rather vvhich he thought good to conceale , viz. The Three hundereth pound sterling brought to him by the greater rogue & the better rewarded , Ia : Sharpe deceiver of that ilke : for if these things here mentioned had been his end , and motive , why was he feared that this should have wronged a well composed heart , and Should not have been a honouring of God in his station , but a needlesse lavishing out of precious time , which might be better bestowed ? Nay there was reason for all this ; for whether he saw it or not , he ( who together with his complices distempered the times and all things ) in whose mouth there being a rode of pride , did insolently cast the truth downe to the ground , as they could , and endeavoured to tread upon and triumph over a holy righteous cause , and all the maintainers thereof , in an abusive , despiteful , and intolerable way , and laboured to lift up an exploded , depised and cursed falshood , once dethroned with shoutings and great exclamations of joy ( but we have seen his horns have been but short ) He is truely ( as the sober vvill judge ) the furious driver who againe and againe doth assault the true Church and cause of God with lyes and reproaches . He ( vvhether he had medled with this work or not ) & the rest with their underlings , are the true hirelings & wolves , destroying the flock of God : & in this work , thought there be not otio sum silentium , there are otio sa verba and vvorse & praetereanihil , and an unvaliant , impudent , affronted pleading for untruth , tyranny and vvickednesse , vvhich is neither a product of prudence , nor magnanimity . And vvhen he hath cited Prov. 26 : 5. and Tit. 1 : 10 , 11. he hath adduced his ovvne Doom , and accordingly he is ansvvered , and his mouth ( let it be is vvide as it vvill ) gaged and stopped , not with butter ( which is unfit to stoppe a breathing mouth ) but vviht more solid stuff , so that vve are confident the gangraene of his vvords shall not creep far , not infect such as are cleane ; and as for such as are uncleane , they owe their infection to some other , not so innocent in vvi● and parts as he is . 11. Novv the dye being cast , and he resolved to say something , he is as much perplexed anent the way of handling this businesse . Yea he sayes , [ There is a greater difficulty in dealing vvith this Man of no forehead ( or if he have any , it is of the hardest metal ) of little conscience , but of infinite loquacity , and of a most unbridled tongue , vvhich is a treasure of all revileing language . ] Yet he finds him and vvill possibly yet more finde him , a man vvhose fore-head is of harder mettal , ( though not in impudency & shamelesse audacity ) then he is able to stand against ; and a man of more conscience then to contradict himself either in vvords or deeds , ( as this verlumnus , a man of a debauched conscience , doth ) a man not of infinite loquacity or of an unbridled tongue , vvho repeateth not the same thing over and over againe ad nauseam us que nor one who speaketh non-sense at randome ( as this poor pamphleter doth ) but a man of more solid reason , and nervous succinct expressions , then he vvas able to comprehend : And vvho so shall compare the tvvo together shall finde he hath put the saddle on the vvrong horse . But where did the difficulty lye ? [ The great difficulty vvas ( sayes he ) hovv to moderate and temper a stile of vvriting tovvard such an one , difficile est satyram non scribere contra satyrum ; for hardly can a man meet in any book , vvith more bitter invectives against all authorities and dignities appoynted and approven of God , then are here to be found ; all that have gone that way before him , seem but Children in vvickednesse , in comparison of him : he deserves to be in the first classe of these Jude v. 8. Who despise dominion and speak evil of dignities . ] Answ . Naphtaly , it is true , is no base sycophant nor slatterer ; nor is he , because of free and faithful holding forth of the wicked and sinful carriage of these in authority , and of these who have usurped authority , to be accounted a writter of Satyrs or of invectives , else the Prophets writings shall not escape that sharpe censure . Nor is he upon this account to be reckoned among , far lesse to be put into , the first classe of these who despise dominions , &c. unlesse by this ignoramus who knoweth no medium betwixt base flattering of dignities , and speaking evil of them . Yet in the following part of that Paragraph , he sayes he deserveth well , because of his plainnesse ; though it be but his sancy to think that Either King or Nobles are in hazard to be dispossessed by private persons in a Phine as like Spirit , yet he is truely and especially afrayed of the ministry ; and mainly of the Bishops , because such strokes approach neare to himself , and the burnt Childe feareth the fire , And his fear blindeth his eyes , so that he cannot see to read Naphtaly a right . And I think no heroik person , will desire to imbrew their hands in their blood , who are far below the wrath of a man , far more , the indignation of an Heroik person , though they shall never be found innocent , be pursued when they will. He but lyeth when he sayeth in the following words [ That Naphtaly with his tragical oh's awakeneth the rage of the rudest multitude ( which becals Zeal of God ) to execute judgement on them , that the fierce angco of God may be turned away . ] Nor doth he tell them if they do not so they are plagued with . s●upidity and blindnesse . It is true which he sayes that [ All soris of Rulers in the land may see their dittay and their doom drawne in that book . ] But no otehrwise then as the word of God giveth warrand , and there they would read it , and repent in time , lest they sinde it verified . He is but like himself a false lyar when he sayes that Naphtaly [ Discovereth the malicious cruel and bloody designes of his party . ] For they have no malicious cruel nor bloody designes , their only designes being to maintaine their integrity and their reformed Religion , which Enemies combined against Christ are seeking to destory . This man imagineth a snare where there is none ; but seeth not the snare which Satan and his owne hands are setting for his soul , neither will he and the rest take warning , though the word of the Lord do clearly discover wrath and vengeance at hand , and whether then they be worthy of a faire hood and bells , Let any judge : but sure I am , they shall one day see their folly and madnesse , and write Abner's Epitaph over themselves . But we wish them rather repentance and to be wise in time , not against their will , but willingly . 12. And furder ibid Pag. 13. he tells us [ It were irksome and unsuteable to one who desireth to keep the constant compsure of a Christian Spirit to indulge an humour of retaliating . ] And that he is at a great disadvant age , because it almost transcends ( in his apprehension ) humane patience to treat mildly with such an insolent one . O! Who would not pity this man who is put off the constant composure of a Christian Spirit ? But can he be in the composure of a Christian Spirit , who is so easily moved off it , by that which should rather settle him in it ? Can his patience be good , which is so stirred by hearing of truth told ? And who can think that he hath been of any composure of a Christian spirit , who hath not indeed indulged an humor of retaliating but of brawleing in a transcendently insolent manner without ground given , being transported beyond the bounds of humanity , let be humane patience ? Then Pag. 14. he Sheweth what reason he hath to use , a more then ordinary vehemency of a keen stile , saying [ Shall Masters of consusi●n ( as if he were not a Davus ) Indulging themselves in their proud moro suy , ●unworthyly demeane themselves toward the sober defenders of the truth , ( but who are these ? ) And will not this be a sufficient Apology for them to put forth some sting ? ] But good Sir I fear your sting be gone long since , because you are become a drone : We have seen your good will to shoot your sting but it wanted its poynt , as for your sting in your taile it will not hurt much , and we know who is King over such locusts , even the angel of the bottomelesse pit , Rev. 9 : ver . 11. Now this stinging locust comes to compare Naphtaly to Hecuba , but any who reads Naphtaly finde him not barking as a mad bitch , but speaking the words of truth and sobernesse , with such strengh of reason as transcendeth this distempered man's capacity to understand , otherwise he had never made such a comparison . Then he tells us that [ A toothlesse defence might possibly tend to harden him and his complices , and breed suspicion of some signes of diffedence , distrust and timorousnesse in owning of the cause against him . ] I beleeve this defence hath as many teeth as he could put in it ; but for all that , it can be called nothing else then a toothlesse defence , because it is nothing but a bundle of sharp tooth'd words without any reason ; and because we see now all that he and his party can say , against the truth which we maintaine , we are indeed thereby , the more confirmed therein ; and we do not suspect him of diffidence , distrust and timorousnesse , that his cause is not better defended , knowing how bold and audacious he is : but we know that an ill cause cannot be well defended , though never man hath defended it worse then he hath done , though better rewarded then many . 13. The good man turns Neptune at length saying , Sed motos praestat componere fluctiu ; and then sayes , [ It will be fitter to consider what becomes us to utter then what he is worthy to hear . ] Then it seemeth we should exspect a very calme sea ; but the waves of his passions have not been setled for all his Neptun authority . [ Therelyes ( sayes he ) a tentation in these name lesse writtings ( which therefore it is to be wished , were not in use ) to exceed in passions , and to utter words ( incognito ) that will not be stood to . ] The iniquity of the times , and the rage of princes vvho vvill not hear the truth , is a just , cause why some should speak and write agaist them incognito , which likewise was the cause moveing Elisha to suspende the sending of his free & faithful letter to Iehoram a bloody Tyrant , till after his own death : but why this man should send out a namelesse writting , none can tell , unlesse because either he was ashamed of the cause , or of his weak managing of it ; or else because he hath a minde to exceed in passion , and nons-sense , and none should know that it was , A. H. P. O. who spoke so . But he tels us that he hath not so learned Christ , as to render revileing for revileing knowing that mans wrath works not the righteousnesse of God. The contrary whereof every reader of his pamphlet vvill see , & therefore he doth well , to adde [ some times it is for peoples edification , to see the due characters of such as lead them out of the way . ] But vvhy should he then be offended , if any should shew his characters , vvho is a manifest perverter of the right vvayes of the Lord , and laboureth vvhat he can to lead people out of the good old way , wherein our fathers and we have formerly walked with peace comfort and joy ? But this is our advantage that he and his fraternity are already so vvell known , and their characters so legible , that few or none are in great hazard to be led away with them . Then he tells us that [ so farr as kumane infirmity permits , the truth shall be searched after & spoken to in love ; all bitternesse , wrath , anger & clam ●nr with all malice being put away . ] But sure we are then , his humane infirmity is very great and strong , which carryeth him to search rather after error , and to speak it in hatred ; all bitternesse , wrath , anger , clamour , with all malice , being returned and that in their strength ; of which , the man's conscience was in part convinced , when he addeth . [ But if any thing ( he should have said a most every thing ) aculeat & pungent ( he should have said bitter and invective ) do escape ( or rather of choise be affirmed ) It not being used in any privat cause or quarrel , but in the publick concerns of truth , ( rather errour ) of the Church of God , ( really of the coetus Malignantium , the apostate crue of the popish prelatical and malignant faction ) and of the sate of the commonwealth ( rather against the commonwealth , and for tyranny the bane of all common-wealths ) nor proceeding from any private revenge ( if not from this , which many will doubt of , yet certanely from the love of gold or Balaam's reward ) it will at least be excused by the judidicious and wise . ] Sure we are , excuse it who will , the righteous judge , will call him to an account for it , and we are perswaded that none either truely judicious or wise , will think him excuse worthy . But to shew that he hath no privat reveinge , he addeth in a parenthesis , [ That there is room enough in his fraternal affection for any who will leave their unchristian sanguinary and inhumane wayes . ] But his affection is like the devils , who would have all damned with himself ; and we are sure come to his way who will , they shall leave their Christian peacable & humane wayes , and choise unchristian , sanguinary , and inhumane vvayes . Then the falleth a vvishing that his aculeat sayings may prick the libeller to repentance for these things . But he should knovv that charity beginneth at home , and he should rather vvish that himself were brought to repentance for him shameful apostasy and perjury , and his thus studying to maintaine a corrupt course , whereby he hath indeed exposed himself to shame , though the hardnesse of his heart be such as that the knoweth not what it is to blush . 14. In his following discourse he laboureth to shew how palpably and closely Naphtaly trades in the footsteps of the old Anabaptists , though [ He will not say that he and his complices are arrived to the owneing of the highest mysieries of that sect in the poynt of Enthusiasme , and Libertinisme , nor that they are so cruel as to exclude Christian infants from their birthright privilege of Baptisme . ] Yet he sayes [ It is worthy to be considered how far the common demand of expresse command or example in Scripture for Episcopacy , may reach the Anabaptists conclusion concerning infants . ] And so with him , all who require either command or example for any new ordinance of Christ so alleged , must be Anabaptists . This man is of very lax principles certanely , and more then a latitudinarian , that will not suffer us to enquire after a command or example of Episcopacy , when he and his party alledge that it is an ordinance of Christ : must we take all things for ordinances of Christ , which he and his old father the Pope of Rome say are ordinances of Christ ? But why doth he call from us for any expresse command or example in Scripture for resistence of Magistrates ? Doth not this also reach the Anabaptists conclusion ? But his eyes seeth not it self . Furder he tells us That Naphtaly [ Doth let fall such tenets as smell too rankly of the foul scum of the high flown Anabaptistical and Enthusiastical way , while he sayes , Pag. 21. &c. That meer privat men may now a dayes take their impulses of Zeal , as a sufficient call to pull downe all Magistrates from their seats , which they abuse ; to execure judgment upon them , and to place themselves in their roomes . ] But of what spirit this man , who is of his father the devil who was a lyar from the beginning , is , vve have seen ; And this particular will abundantly discover to such as look the place and consider what we have said . And no better is the next particular which he citeth out of Pag. 105. Where the author is opposeing , that notion of an external call , not unto lawful ordination , which presupposeth it ; but unto such a mock ordination , whereby such are put into the ministry , who have no visible evidence of the call of Jesus Christ , as in reason or charity can oblige any to receive such as truely sent . Thereafter he draweth the parallel in five particulars . The first is this , That the Anabaptists laboured to overthrow Magistracy , and deny them to have any power in Church matters . But can he , or dar he , say that we do so ? do we say , with them , that the office of the Magistrate is not necessary among Christians ? Do we say that Magistracy is not the ordinance of God ? Do we say that Kingly government is unlawful , as they said , abuseing that place , 1 Sam. 8 : 7. Do we say that a Christian may not exerce the office of a Magistrate ? Do we say that a heathen may not be a Magistrate ? Do we say that an ungodly Magistrate is no Magistrate ? Do we presse that place Luk. 22. The Kings of the gentiles , &c. Any otherwayes then against superiority among Church men ? With what face then can be draw a parallel here ? The next is That they studyed to overthrow the ordinance of the ministry declaiming most bitterly against all in that function as Hirelings Thieves Wolves , &c. But can he say that we cry dovvne a ministery , as no ordinance of Christ , or as not necessary ? can he say that we affirme an external call to the ministery needlesse ? Is it our work to exclude faithful ministers from the esteem of Gods people ? Hovv can the impudent man alledge this of us ? Be like because we cry out against him and his fraternity and their reptilia , profane wretches of the second-order , as no lawful ministers of Chriist , being perjured profane apostates , never called of God to that functction , nor duely and orderly called of Man ? But in this he and his party come nearer to the Anabaptists , then we , The. 3. Is that they work division in the Church of God ; and move people to forsake Church meetings , and to follow them in private conventicles ? But then it seemeth all protestants Who presse Papists to forsake their Masse Assemblies and Masse Priests , and rather meet with the Orthodox and that in conventicles are Anabaptists : And it seemeth this man would not presse Heathens to leave their publick idol worshipe , and serve God in secret conventicles , such a publik and peacable Man is he , lest he should be accounted an Anabaptist . But wee see no connexion betwixt our being Anabaptists , and pressing People to forsake Their assemblies , and to hear the true and faithful servants of Christ in private , who cannot have liberty to preach in publick . The 4 is That they were above all men arrogant and proud , dispisers of such as were not of their way , as being men without God in the world , reprobate and wicked denying to them even common civilities . But doth not he and his party , the most proud and arrogant persones imaginable , deal with us all , as cursed fanaticks knipperdolians ? &c. What is the 5. When any of theirs were punished for errors , fellony or rebellion , they cryed them up for martyres , and complained tragically that truth and godlinesse was oppressed , and that men who would have all things done according to Gods Word were persecuted ? But might not Heathens and Papists have objected so against the true Christians and protestants , who said and did all this , when they were persecuted , and some of them murthered & massacred ? And were , or are , all who call & account such as die for the Testimony of Jesus , martyres persecuted to the death . Anabaptists ? I feare that in so saying he shall be found to befriend the Anabaptist , more then we desire to do : If he hath no more to say , He shall never make it appeare that either Naphtaly or the Apology , do approach unto the manners of that odious sect , in any particular peculiar to that Sect , or wherein that Sect deviateth from truth . Then he addeth Pag. 17. When the Spirit that stirreth in these furious writtings , ( especialy in Naphtaly ) is considered , how much confusion may be seen to be portended to Church and State , if hearts be infected with the doctrines therein held forth ? By whom I pray , shall these evils be seen to be portended , by any thing that is said in these writtings ? Sure by no rational sober understanding person , but only by such who consult the oracle at delphos , and minde their belly and worm-eaten carcases , more then they consult the oracle God and of sound reason , and minde the reall good of either Church or State. For there are no doctrines there of any malignant quality , but all of them anti-Malignant , Solide , Plaine , Sure and immoveable truthes , having a direct tendency unto , and necessary influence upon , the solide and sure establishing of Church and State , upon a firme and lasting basis . And therefore , if it were right applyed , his following wish were good . viz. That the Lord would give his people such understanding , that they be not ignorant of the wiles of Satan , who driveth a deeper designe against this poor Church and Land , then the subversion of this or that exteriour forme of Church government , For indeed the designe that Satan hath now on foot , reacheth furder , even to the utter overturneing of all the precious interests of Christ in the Land ; of destroying not only the outward Libertyes and Privileges of the People , which have cost them no small expense of blood ; to the end they may be made perfect slaves : But to the overturning of the whole work of God , of banishing the Gospel , and of introduceing Atheisme and all sort of profanity and wickednesse , that we should no more become the People of the Lord , but a visible Kingdome of Satan ; And all the People , Subjects , and Slaves to him . But we know what his meaning is , and therefore he addeth . The controversy rests not in matters touching a Bishope or a Presbytery : But what thinks he of this controversy ? He sayes , If mens passions or prejudices might permit , it might be , for the advantage of the gospel , well consolidated by their mutual paying of due respects one to another ; the Episcopal inspection not abrogating , but strengthening the due right of presbyters , and presbyters not despiseing that lawfull inspection ; but all concurring together in a kindely mutuall assistence , and amicable conjuction , for carrying on the real interests of Christs Kingdome , without imperiousnesse one the oneside , and without srowardly disorderlynesse on the other . Now he turneth a peace maker , and such a notable reconciler is he that would cause fire and water agree : But he hath sold his Zeal and Conscience , for , he knoweth , what . He hath forgote , that there is no communion betwixt light and darknesse , nor betwixt Christ and Belial . But he must know that we will neither pack nor peel with him , nor his accursed fraternity , but will come out from among them , and be separated from them , and touch none of their uncleane things , that God may receive us according to his promise ; 2 cor . 6 : ver . 17. If the Men of that accused Hierarchy were not led away with intolerable passion & prejudice , and acted by a fury of hell , to destroy the gospel , they would consolidare this controversy by extirpating themselves ; For as long as they stand in that accursed order , they shall never carry on the real interests of Christs Kingdome , but effectually , so farr as lyeth in them , destroy the same ; ( as former and dayly experience proveth ) what by their imperious antichristian dominion , over the Church of God and the Officers thereof , which were ordained of Christ ; and what by their laying out of themselves , according to their usurped power and places , to destroy & banish piety , knowledge and the fear of God out of the land , and to bring all the true seekers of God under the same guilt of manifest perjury and apostasy with themselves . If it were a lawful inspection , presbyters would neither despise it , nor carry themselves frowardly or disorderly under it ; but it being an unlawful dominion , so destructive to the Kingdome and interests of our Lord Jesus Christ , it can neither alone nor in conjunction with any other , promove the interest of Christs Kingdome , and therefore must be abhorred as an antichristian brate , and never submitted unto . But whither now doth the matter goe ? The designe ( sayes he ) this libel runs upon is to open a gap to endlesse rebellions , under what soever Church government : And not only to bring all our Magistrats from the highest to the lowest under disgrace , which is the nex● step to destruction , and to make them a sacrifice to the fury of th●●wicked people . ) But to ruine Kingly Authority and Magistracy , the ordainance of God. ] This is but a frequently renewed calumny we have oftentime met with in his first part , and have shewed how groundlesse , it is , and therefore we need say no more here . All who have not , with this Man , willingly shut their eyes , may see That the designe is only to prevent intolerable Ty●anny , the ruine of humane Societyes and Kingdomes , and to keep the true Divine Authority which God hath cloathed his owne civil officers with , from contempt and disgrace , which Magistrates degenerating into Tyrants expose themselves unto , by changeing the ordinance of God into the ordinance of Satan , and in stead of acting and carrying as Ministers of God for the good of the People , walk and act as Ministers of Satan , laying out themselves to the utmost for the destruction of the People both in soul and body . Who seeth not then that when they thus forget themselves , and forget what they are both bound , and have promised , to be , they do expose themselves to disgrace , and to the contempt of these who otherwise would most willingly honour them as God's vicegerents . But when they carry as avowed Servants of Satan , as Tygers , and destroy the inheritance of the Lord , which they were to nourish and protect , can they expect to be looked upon as God's Deputyes while they do so ? And sure , who ever maintaineth that such who have cast behinde their back all Vowes , Promises , Compacts , Subscriptions , Oathes , and solemne Engadgments ; and break overall bonds of humanity and Christianity , that they may satisfy their owne cruel and base lusts ; and so carry towards Subjects , as if they were so many Slaves or Brutes , or Worse , may lawfully be resisted , is very far from opening a gap to endlesse rebellions , under any Church government ; that he rather layeth downe a course to prevent rebellions : For if Kings remembered that their Subjects might lawfully and would oppose them , when they turned Tyrants , they would walk more soberly , and forbeare to vent their tyrannicall cruelty , and so give lesse occasion to Subjects to think of opposeing them . And However this Pamphleter may look upon himself as one who hath deserved well at the hands of the King : Yet the judicious who consider the matter right , will finde him really a greater Enemy to the throne , then either Lex Rex the Apology or yet Naphtali were , or are . Seing they must be greater Enemies to the real welbeing of Kings , and to the Establishing of thrones , who would have them setled upon the alone basis of blood , tyranny , opprossion , or proclaime an impunity unto Tyrants to do what they will , which is but to blow at a fire which burneth fast enough of it's own accord ; then such as would have them setled on equity and righteousnesse and not suffered to goe without their due bounds . There is a great noise ( sayes he ) ( it may be it is not causelesse , and it were to be wished Rulers looked to it ) of the increase of Popery . Doth he think there is a noise made about this matter , and a great noise , and that without ground ? Or can he arrive at no more certanety , but of a may be that it is not causeless ? Sure the Representatives ( as he calleth them ) several yeers ago were beyond a may be , that it was increased above what ever it had been , either in the dayes of King Iames , or of King Charles the first : And hath their mock-act never executed , affrighted it so out of sight , that this Man who possibly would be accounted no meane Father , and over seer in the Church , cannot perceive it , at least so clearly , as positively to say that there is just ground for that noise ? But where dwelleth this Man ? or what way doth he stope his eares ? Is he one of those who see and perceive not , who know and yet carry as if they knew not ? What is he and his fraternity doing to day ? What are the men with the Episcopal inspection doing ? Are they so occupyed in persecuteing the truely godly , the faithful Ministers and People of the Land , and in stirring up the Council to be more cruel then they are , and severely to execute the unjust and most iniquous Lawes made to banish all piety and fear of God out of the Land , that they have no Leasure to look about them to marke what Papists , Seminary Priests and Jesuits ( who are swarmning up and downe the Land ) are doing ? When did He or They advise the Council to take such an effectual course for suppressing masse meetings , as they have done for suppressing of conventicles , or meetings of better reformed and founder Protestants then ever he or they were ? Was there any masse monger fined to this day ? Yet we know that precious & worthy Christians , have been rigidly & inhumanely handled and mulcted , for hearing an honest and worthy Minister of the Gospel preaching the Gospel in a privat place . Ay , but now he thinks , he hath exonered himself , and discharged a piece of duty both for himself and all his fraternity , by saying , It were to be wished Rulers looked to it . And is this all the remedy he prescribeth ? What will He do ? May he not , dar he not , grieve or vex his Elder Brethren ? What shall we then say of his inspection ? Is it lawful , or is it of Gold , which is wholly imployed and exercised in persecuteing of the honest seekers of God's face , and countenanceth and encourageth Papists ? No certanely , That power whose proper work is , to root out piety , as haveing that only in commission , and which fostereth and incourageth profanity and Idolatry , is a power of Satan , tending to advance his work and interest in the Earth , and to establish and enlarge his Kingdome . What further ? But truely ( sayes he ) when she Spirit of such writeings as this , is considered , it will be found there is cause to feare ( unlesse the wisdome and goodnesse of Cod ; and the prudence of the King and Governours under him prevent it , ) That as one way the Roman Antichrist may come in ; So some furious Successour of John of Leyden , under pretence of a Phineas — like Spirit , come in another way , upon our Church and Land to lay it waste , and to make it a field of confusion and blood . Answ . Were there no Papists in Scotland , or was there no appearance of the approaching of the Roman Antichrist before these books came abroad ? What a Spirit , I pray , is that which is in these books , which can give any cause of feare , that the Roman Antichrist may come in upon that account ? What tendency , I pray , hath any thing that is asserted in these books , to the introduceing of Popery ? His needle head shall never be able to poynt this forth . Yea let the true designe of these books be once obtained , and I promise him , that ere few weeks passe , there shall be few or none in all Scotland , who shall be so bold as to professe either Popery or Prelacy . These must be strange books which open two contrary doors at once , upon the one hand a door for the Roman Antichrist , and upon the other hand , a door for some furious Successour of Iohn of Leyden , but both are alike true , that is , both are manifestly false Though his fear for the coming in of the Roman Antichrist be first named , yet it is the least of the two with him ; for the thing which most affrighteth him , is this last ; but he needeth not fear it , let King and inferiour Governours joyne piety ; and true divine Zeal for God & his glory , with their prudence , and set themselves to establish the covenanted Religion , as it was reformed in Doctrine , Worshipe , Discipline & Government & purge out such things as offend , especially that bitter root of Prelacy , which we abjured , and prosecute the ends of the Covenants , and the vvisdome and goodness of God shall preserve both Church and State. But so long as there is no repentance of the horrible Apostasy and defection , vvhereof King and all ranks are guilty : And particularly that Apostate pack which care neither for Church or State , King or Coun●rey , but in subordination to their ovvne bellies and bese lusts , is not extirpated vvithall their adherents , vve have no ground to expect that God shall preserve either Church or State from destruction and ruine : Because vve have forsaken the Lord God of our Fathers , vve can not but fear that he shall forsake us , and cast our carcases upon the carcases of our idols , and his soul shall abhorre us , and he shall lay our cityes waste , bring our Sanctuaryes into desolation , and shall not smell the Savour of our sweet odours , yea and shall scatter us among the heathen , and draw out a sword after us , and our Land shall be desolate , and our Cityes waste &c. Though we had all the security imaginable that never one of the furious brood of Iohn of Leyde , should arise to lay the Land waste ; as indeed nothing asserted in these books , may put rational Men in feares thereof , from that hand , though his lieing mouth addeth , that the seeds of future miseries , being too visibly sowne , by this Man and his Complices , whose mouths are full of blasphemies , as their hearts and ●ands are full of blood and in so saying is like the whore in the common proverbe , who calleth her honest Neighbour whose first whole mouths are more full of blasphemies , their or ours , all may judge who either read their writeings , or heare their speaches in publick or in private : And whose hearts and hands are more full of blood , theirs or ours , dayly experience will suffer no Man of common sense who marketh both , once to put it to a question . At length he apologizeth for his slowensse in comeing forth with his Survey , telling us , That this libel and like are not more quickly followed , with meet animad vertsions , is not to be marvelled at by any , who knowes they are like the pestilence , that walks in darkensse , and that hardly do they come to the hands of any , but such as are willing to be deceived by them , being intended for the blinding of these , not for the opening of the eyes of others . But truly , He might have for borne to have made such an Apology : For it may be , some who have most imployed him , and rewarded him too , for his paines , will think that he hath but too quickly followed with his animadversions , and possibly shall wish , that they had never seen the light , since he hath done so little good by them to the cause , which he becometh a Patrone unto , both in starting needlesse and dangerous debates , for the Kings Throne and Kingdomes , yea & for his Life ; & in managing these debates so poorly as he hath done , to speak nothing of his weake defending of the maine cause controverted , which is abundantly discovered by this vindication : Whereby also he hath occasioned the more accurate ripeing up of that debate touching defensive armes , and laying it open and naked unto the judgment and capacity of the meanest , so that the truthes which he endeavoured to shake , and overturne , are now more firmly then ever , riveted in the hearts of all vvho search after truth : Yet sure , had be been able , he ●ight have brought forth this brood of his braine , sooner to light , for he had time enough , after the publick Proclamation vvas made , that such a book vvas come forth , by the fire prepared of purpose , at the crosse of Edenbr●ugh to consume it into asses , before which time , I suppose , very fevv knevv of such a thing : And by this solemne fiery Proclamation , the curiosity of some was kindled to enquire after the book , who othewise vvould have used no great diligence , to have obtained one of them , yea possibly would never have learned that there was such a book in the World , and so could have been in no hazard to have been infected thereby : And before this time that they met vvith this solemne recaption , there vvas not ( as is sufficiently knovvn ) many of them abroad ; for it came but too soon into the hands of such as put that honour on it , which vvas expected , and thereby helped forvvard the Authors designe . Is it , any wonder that such pieces must keep themselves as long as they can , out of such fiery hands . Seing the first salutation they meet vvith is a brief sentence of condemnation by the Council , and a 〈…〉 , or execution rather by the hand of the Hangman , in the ●●repared of purpose for that solemne Disput ? Let him , if he ●ar or can procure a free imprimatur for such necessary and useful books , and liberty for stationers to expose them to open sale , and then it will be seen , whether they or his shall hide themselves longest in the corner of shopes , and be at lengh laid aside for other uses , then at first they were intended for . He sayes they were intended for the blinding of these into whose hands they come , not for the opening of the eyes of others . But he speaks like himself . They were really intended for the opening of the eyes of all who would but read and seriously consider what is said , and would not willingly shote out their owne eyes . And as for his Pamphlet , I verily beleeve what ever was his intention , it shall deceive none , but such as are already deceived , or very willing to be deceived , & shall open the eyes of none , unlesse per accidens , by making them to apprehend more clearly , then formerly they would , truth upon the other side , by discovering the childish , frivolous and weak evasions and exceptions , which he is necessitated to make use of . In the last Page He giveth us a short hint of what he mindeth to do in the following part of this his elaborate work , where we are like to finde him as impudent and shamelesse a Patron of perjury , as here we have found him a pleader for Tyranny . But we , shall forbeare to say more at this time , till God offer an opportunity of considering and answering what he shall say further upon these heads and digressions . The Lord establish truth in the Earth & visite his owne inheritance , and send a plentiful raine to confirme the same when it is weary , for his owne names sake . AMEN . FINIS . 
A92668	----	A proclamation, appointing a rendezvous of the militia-regiments in several shires, & calling out the heretors, &c. Proclamations. 1688-09-18 Scotland. Sovereign (1685-1688 : James VII) 1688 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92668 Wing S1697 ESTC R230233 99899464 99899464 153564 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92668) Transcribed from: (Early English Books Online ; image set 153564) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:29) A proclamation, appointing a rendezvous of the militia-regiments in several shires, & calling out the heretors, &c. Proclamations. 1688-09-18 Scotland. Sovereign (1685-1688 : James VII) James II, King of England, 1633-1701. Scotland. Privy Council. 1 sheet ([1] p.) printed by the heir of Andrew Anderson, printer to His most sacred Majesty, Edinburgh : anno Dom. 1688. "Militia to meet with best arms and 48 hours' provisions. ... All persons between 60 and 16 to repair to the rendezvous when beacons are fired." -- Steele. At end of text: Given under Our signet at Edinburgh, the eighteenth day of September, one thousand six hundred and eighty eight years. And of our reign the fourth year. Arms 237; Steele notation: Faith, of this. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Military maneuvers -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Scotland -- Militia -- Mobilization -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion I●R HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , Appointing a Rendezvous of the Militia-Regiments in several Shires , & calling out the Heretors , &c. JAMES by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith , To Our Lyon King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting : Forasmuch , as by the Thirty second Act of Our First Parliament , We were Graciously pleased , for the Ease of Our People , to Discharge the ordinary Rendezvouzes of Our established Militia , during Our Royal Pleasure . And now We having thought fit for the Good of Our Service , and Security of Our Royal Government , that the Foot-Regiments of Our Militia of the Town of Edinburgh , Mid , East and West-Lothians , Fife and Kinross , Perth , Stirling , Mers and Forfar , should be Rendezvouzed , at the Times , and Places , and under the Commanders after-mentioned : Therefore We with Advice of Our Privy Council , Do hereby strictly Require and Command , that all Persons lyable in Outriek of the said Militia-Foot Regiments , in the foresaid Shires , do peremptorly send out their respective Proportions , as formerly , with their best Arms , and with Fourty Eight Hours Provision , viz. The Regiment of Our Good Town of Edinburgh , at the Links of Leith , upon Tuesday next , the 25 Instant , at Ten a Clock in the Forenoon , under the Command of the Lord Provost of Edinburgh , and in his Absence , under the Command of the first Baillie ; The Regiment of Mid-Lothian , at the said Time and Place , under the Command of the Earl of Lauderdale ; The Regiment of East-Lothian , the said Time , at the Burgh of Haddingtoun , under the Command of Sir James Hay of Linplum ; The Regiment of-West - Lothian , the said Time , at the Burgh of Linlithgow , under the Command of the Earl of Linlithgow , Our Justice General ; The East Regiment of Fife , at the Town of Levin , the said Day and Time , under the Command of the Earl of Belcarras ; The West-Regiment of that Shire , upon Wednesday thereafter , the 26 Instant , the said Time , at the Burgh of Kirkcaldie , under the Command of the said Earl of Belcarras ; The Regiment of Stirling-shire , at Sauchenfoord , the 25 Instant , at the above-written Hour , under the Command of the Earl of Callendar ; The Regiment of Berwick-shire , the foresaid Time , at the Town of Dunce , under the Command of the Earl of Hume ; The Regiment of Forfar , at the Burgh of Forfar , the said Day and Time , under the Command of the Earl of Strathmore ; The West Regiment of Perth-shire , at Auchterardor , the foresaid time , under the Command of Sir John Drummond of Machany , or in his absence , James Grahame of Urchle ; And the East Regiment of that Shire , at the same time , at the Inch of St. Johnstoun , under the Command of the Marquess of Athole , Lord Privy-Seal , or whom he shall appoint : And Ordains the saids Regiments to continue in the respective places above-written , in a Body , for the space of 48 hours : In which time they are to receive further Orders from Us , or Our Privy Council . Hereby strictly Charging and Commanding all Heretors , Liferenters , Leaders , and others , any manner of way lyable in Out-reik of the said Regiments , to give punctual obedience to this Our Royal Will and Pleasure , under the pains contained in the Acts of Parliament anent Our Militia : Requiring also the saids persons now nominat by Us , to send in exact Accounts from their said first Meeting , to Our Chancellor , what Commissionar Officers are wanting in their respective Regiments , that We may supply the same , as in Our Royal Wisdom We shall think fit ; Hereby likewise Requiring and Commanding all persons , whether Officers or Souldiers of the saids Regiments , to give cheerful obedience to those intrusted by Us in this Command , and that as they will be answerable at their highest peril , And appoints and Commands the respective Sheriffs and their Deputs , to cause prepare Beacons at North-berwick-law , Gairlntoun-hill , St. Abbs-Head , Coldinghame-Moor , Arthures-Seat , Dininicker-law , Kellie-law , Largo-law , Easter-Lowmont in Fife , and the Bass ; upon which places the respective Sheriffs are hereby ordered to cause kindle Beacons , how soon they see any considerable number of Ships appearing on the Coasts of this Kingdom . And strictly Requires and Commands all Fencible Persons , Our Leidges in the saids bounds , betwixt Sixty and Sixteen , in their best Arms , to repair to the respective places appointed for the Rendezvous of the said Shires , and that immediatly upon their having notice of the Firing of the saids Beacons , or either of them . And likewise hereby Requiring all Heretors , Liferenters , and Wodsetters , to be ready with their best Horses and Arms , to attend Our Host , whenever they shall be requi●●d tereto , and that under the Pains and Pe●alties contained in the Acts of Parliament anent Absents from Our Host . And to the end Our Royal Pleasure in the Premisses may be made publick and known , Our Will is , and We Charge you strictly and Command , that incontinent , these Our Letters ●een , ye pass to the Mercat-Cross of Edinburgh , and whole remanent Mercat-Crosses of the Head-Burghs of the Shires of this Kingdom , and other places needful , and there in Our Name and Authority , by open Proclamation , make Publication of Our Royal Pleasure in the Premisses . And recommends to the Most Reverend the Arch-Bishops , and Right Reverend Bishops , to caus read this Our Royal Proclamation in all the Pulpits of this Kingdom , upon the first next Lords Day , in the Forenoon , immediatly after Divine Service , that none pretend Ignorance . Given under Our Signet at Edinburgh , the eighteenth day of September , One thousand six hundred and eighty eight Years . And of Our Reign the Fourth Year . Per Actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Prin●●r to His most Sacred Majesty , Anno Dom. 1688. 
A92677	----	A proclamation, containing His Majesties grace and favour to His Subjects [in t]his His ancient kingdom of Scotland Proclamations. 1674-03-24 Scotland. Privy Council. 1674 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92677 Wing S1727 ESTC R483507 99899465 99899465 153566 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92677) Transcribed from: (Early English Books Online ; image set 153566) Images scanned from microfilm: (Early English books, 1641-1700 ; 2370:31) A proclamation, containing His Majesties grace and favour to His Subjects [in t]his His ancient kingdom of Scotland Proclamations. 1674-03-24 Scotland. Privy Council. Charles II, King of England, 1630-1685. 1 sheet ([1] p.) printed by Andrew Anderson, printer to the King's most excellent Majesty, Edinburgh : anno Dom. 1674. Steele notation: Arms 232 Lo- jects twenty. Dated at end: Given under Our Signet at Holy-rood-house the twenty fourth day of March, 1674. And of Our Reign the twenty sixth year. DFo copy, reel 2370, is creased and torn with some loss of text. Reproduction of original in the Folger Shakespeare Library, Washington, D.C.. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Taxation -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , Containing His MAjESTIES Grace and Favour to His Subjects 〈◊〉 ●his His Ancient Kingdom of SCOTLAND . C R HONI SOIT QUI MAL Y PENSE CHARLES , by the Grace of GOD , King of Great Brittain , France and Ireland , Defender of the Faith , to our Lovits , _____ Our Lyon King at Arms , and his Brethren Heraulds , Macers , P●rsevants , Messengers at A●ms , Our Sheriffs ●●…hat part conjunctly and severally , specially constitute , Greeting : Fo ●● much , as the affection which We have to this Our Ancient Kingdom of Scotland , makes Us readily to embrace ●ll occasions , whereby We may witness Our zeal to do all things which may be for the advantage and ease of ●ur good Subjects ; And We being informed by Our right trusty and intirely beloved Cousin and Counsell●● the Duke of Lauderdale , Our Commissioner , of some things which have been , and still are troublesome a● burdensome to Our good Subjects of this Our Kingdom : We have thought fit as an Act of Our Royal Bountie , by Our Royal Authority , with advice of Our Privy Council , to Declare Our Royal Pleasure , for the ease and satisfaction of Our good Subjects in manner following . First , We , with advice foresaid , Do hereby Statute and Enact , and accordingly do free●y and absolutely discharge to Our Subjects all Rests of Assessments , Monethly maintenance , Loan and Tax , Levies , Out-reiks of Hor●● and Foot , Excise , tenth and twenty ●enny : And generally all Impositions whatsoever due , or imposed upon this Our Kingdom , 〈◊〉 any time before Our happy Restauration ; excepting all sums of money already payed , or bonds given for money ( which by Assigna●●ons may be conveyed through several hands ) and all these Particulars above-mentioned , We , with Advice foresaid , do now discharge , notwithstanding of any Commission gra●ted to Sir John Weymes of Bogie , or any others for collecting them , or any of them . We , in like manner , with Advice foresaid , Discharge all rests of the Taxation ordinary and extraordinary , granted to Our Royal Father of blessed memory , by the Parliament in the year of GOD , 1633. Comprehend●●g therein the Taxation of two of ten 〈◊〉 Annual-rents , excepting all sums of money already payed , or bonds granted preceeding the date hereof ; And excepting all sums of money due by any person , lyable for the relief of those who have made payment or gven Bond. But in regard the Duke and Dutchess of H●miltoun , have a right to the Rests of the said Taxat●●● untill they be 〈…〉 of cert●●● sums of money acclaimed , as yet re●●ng to 〈◊〉 by Us , conform to a Contract past betwixt 〈…〉 Duke of Hamiltoun , and a Commission granted by Us ●o William now Duke of Hamiltoun : We do Declare , that We 〈…〉 satisfie the 〈…〉 the said Duke after count and reckoning of his intromission with the said 〈◊〉 ; Th● 〈◊〉 Grace and Favour intended hereby to Our good Subjects may be made effectual , and entire to them ; But prejudice in the m●●●time , to the Duke of Hamiltoun , of hi● right and execution thereupon , ay and untill he be satisfied of what shal be found due to him , 〈…〉 court and reckoning of his intromission with the said Taxation . We do likewise , with advice foresaid , freely and absolutely discharge all such parts of the annu●●e of ●einds as were due to Us before our happy Restauration : And do suspend the charging for , the receiving or paying of any Annuity due 〈…〉 Our Restauration , ay and until the Earl of Lowdon make account ( to any VVe shall appoint for that effect ) of what he o● his Father 〈…〉 received of the saids Annuities : To the end We may then declare Our further pleasure , excepting alwayes from this all sums of mone● 〈◊〉 pay●ed , or for which Bond is given upon that Account , preceeding the date hereof : And this , notwithstanding of any 〈…〉 granted by Us 〈◊〉 to the Earl of Lowdon , for collecting of the saids Annuities . We do also , with advice foresaid , freely and absolutely discharge all Fynes imposed by Ou● First Parliament of this Our Kingdom , excepting such as are already payed , or such for which there is bond already given . It is alwayes hereby declared , That all moneys received by Collectors or Sub collectors from their several Entries in all or any of these particulars , 〈…〉 discharge , or others entrusted for uplifting thereof , are ●●●eby excepted : And the saids Collectors , Sub-collectors , and others foresaid declared accomptable for the same , to any who have or shal have Our Commission for that effect . And last , We for a further proof of Our affection to Our good Subjects of this Our Kingdom ; Do , ●●th advice foresaid , freely and absolutely grant ageneral pardon and discharge of all arbitrary and pecunial pains incurred by any of Our Subjects , before the date hereof through the contraveening of any Laws , penal Statutes , or publick Acts whatsoever ; except such pecunial pains as are already inflicted 〈…〉 Our Privy Council , or any other competent Judicatory , for 〈…〉 of money payed : And excepting all Sentences of 〈…〉 imprisonment or 〈◊〉 , Declaring alwayes , this ●ardon is not to be extended to any who were guilty of the Rebe●li●● in the Year 1666. and are not admitted to the benefit of our ●●mpnity , not to such as are guilty of 〈◊〉 Crimes . And We having given , as said is , so full proof of Our bounty and goodness 〈…〉 ●●bjects , a●● of Our full pardon of all arbitrary and pecunial pains , extending even to these against Conventicles , withdrawing 〈…〉 ances , disorderly Baptisms and Marriages , We do expect , that this Our unparalelled grace and goodness will oblige all Our good Subjects ●● to express their due sense of and thankfulness for the same , by a more careful observance and due obedience to Our Laws , from which nothing is to be derogate hereby as to their due observance in time coming . And to the end , That Our Royal clemency and bount● to O●● good Subjects , may be for their full security made known to them ; Our Will is , and We charge you straitly and command , that incontinent , these Our Letters seen ; ye passe to the Mercat Cross of Edinburgh , and the Market Crosses of all the other Royal Burroughs of this Our Kingdom , and other places needful And thereat , in Our Name and authority , with all due Solemnities , by open Proclamation , make publication of the Premisses . The which to do We commit to you conjunctly and severally Our full power by these Our Lette● , delivering them by you duely execute and indorsed again to the Bearer . Given under Our Signet at Holy-rood-house the twenty fourth day of March , 1674. And of Our Reign the twenty sixth year . Per Actum Dominorum Secreti Concilii . Gibson , C. S ● Concilii . God save the King. EDINBVRGH , Printed by Andrew Anderson , Printer to the King 's most Exc●llent MAjESTY . Anno Dom. 1674. 
A92699	----	A proclamation for restoring the Church of Scotland to its ancient government by bishops: at Edinburgh the sixth day of September, one thousand six hundred and sixty one years. Laws, etc. Scotland. 1661 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A92699 Wing S1904 ESTC R225540 45578441 ocm 45578441 172357 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A92699) Transcribed from: (Early English Books Online ; image set 172357) Images scanned from microfilm: (Early English books, 1641-1700 ; 2627:11) A proclamation for restoring the Church of Scotland to its ancient government by bishops: at Edinburgh the sixth day of September, one thousand six hundred and sixty one years. Laws, etc. Scotland. Scotland. Privy Council. 1 sheet ([1] p.). Printed at Edinburgh, and re-printed at London by VV.G. for Richard Thrale, [London : 1661] Signed: Pet. Wedderburne, Cl. Sci. Concilii. Imprint suggested by Wing. Imperfect: cropped with loss of imprint. Reproduction of original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- Government. Scotland -- Church history -- 17th century. Scotland -- Politics and government -- 1660-1688. Broadsides -- England -- 17th century. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A PROCLAMATION For Restoring the CHURCH of SCOTLAND to Its ANCIENT Government By BISHOPS : At Edinburgh the sixth day of September , One thousand six hundred and sixty one years . C R HONI SOIT QVI MAL Y PENSE THe Lords of His Majesties Privy Council , having considered His Majesties Letter of the date at Whitehall the fourteen●h day of August last , bearing , that whereas His Majesty , by His Letter to the Presb●tery of Edinbu●gh , in the moneth of August , One thousand six hundred and sixty years , Declared His Ro●al purpose , to mainta●n the Government of the Church of Scotland setled by Law : And the Estates of Parliam●nt of this Kingdom , having since that time , not onely rescinded all the Acts since the Troubles began , rela●ing to that Government , bu● also Declared all those Parliaments null and voyd , leaving to His Majesty , the Setling of Church Government : Therefore , in compliance with that Act Rescissory , and in pu●suance of His Majesties Proclamation of the tenth of June last , and in contemplation of the Inconveniencies that accompanyed and issued from the Church Government , as it hath been exercised these twenty three years past , and of the unsuteableness thereof to His Majesties Monarchical Estate , and of the sadly experienced confusions , which during these late Troubles have been caused by the violences done to His Majesties Royal Prerogative , and to the Government Civil and Ecclesiastical , established by unquestionable Authority : His Majesty having respect to the Glory of GOD , and the good and interest of the Protestant Religion ; and being zealous of the Order , Vnity , Peace and Stability of the Church within this Kingdom , and of its better harmony with the Government of the Churches of England and Ireland ; hath been pleased , after mature deliberation , to Declare unto His Council , His firm resolution to interpose His Royal Authority , for restoring of this Church to its right Government by Bishops , as it was by Law before the late Troubles , during the Reigns of His Majesties Royal Father and Grand-father of blessed memory , and as it now stands setled by Law ; and that the Rents belonging to the several Bishopricks and Deanries , be restored and made useful to the Church , according to Iustice and the standing Law ; Have therefore in obedience of , and conform to , His Majesties Royal pleasure aforesaid , Ordained , and by these presents Ordains the Lyon King at Arms , and his brethren Heraulds , Pursevants and Messengers of Arms , to pass to the Mercat Cross of Edinburgh and other Royal Burroughs of the Kingdom , and there by open Proclamation , to make publication of this His Majesties Royal pleasure , for restoring the Church of this Kingdom to its right Government by Bishops ; and in His Majesties Name , to require all His good Subjects to compose themselves to a chearful acquiescence and obedience to the same , and to His Majesties Soveraign Authority now exercised within this Kingdom . And that none of them presume upon any pretence whatsomever , by Discoursing , Preaching , Reviling , or any irregular and unlawful way , the endevouring to alienate the affections of His Majesties good Subjects , or dispose them to an evil opinion of His Majesty or His Government , or to the disturbance of the peace of the Kingdom , and to inhibit and discharge the assembling of Ministers in their several Synodical Meetings , until His Majesties further pleasure therein be known ; Commanding hereby , all Sheriffs , Baylies of Bayleries , Stewarts of Stewartries and their Deputes ; all Iustices of Peace , and Magistrates and Council of Burroughs , and all other publick Ministers , to be careful within their several bounds and jurisdictions , to see this Act punctually obeyed : And if they shall find any person or persons , upon any pretexts whatsomever , by Discoursing , Preaching Reviling , or otherways as aforesaid , failzying in their due obedience hereunto , or doing any thing in the contrary thereof , that they forthwith commit them to prison , till His Majesties Privy Council , after information of the offence , give further order therein . And hereof the Sheriffs , and others afore-mentioned , are to have a special care , as they will answer upon their Duty and Alleagiance to His Majesty . And further , the Lords of His Majesties Privy Council do hereby inhibit and discharge all persons lyable in payment of any of the Rents formerly belonging to the Bishopricks and Deanries , from paying of the Rents of this present year , one thousand six hundred and sixty one years , or in time coming , or any part thereof , to any person whatsomever , until they receive new order thereanent from His Majesty or His Council . And Ordains these presents to be printed and published as said is , that none may pretend ignorance of the same . Extract . per me Pet. Wedderburne , Cl. S ● . Concilii . GOD SAVE THE KING . 
A96177	----	Terrible nevves from Scotland: or, A true declaration of the late councell of the kingdome of Scotland, and how far they have proceeded in the raysing of their forces with an exact representation of their genealogies, lives, and manners, / written, by a gentleman imployed in the service for the publique, and dedicated to the commissioners of Scotland. Perfect description of the people and country of Scotland Weldon, Anthony, Sir, d. 1649? This text is an enriched version of the TCP digital transcription A96177 of text R201816 in the English Short Title Catalog (Thomason E402_7). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 14 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A96177 Wing W1277AC Thomason E402_7 ESTC R201816 99862309 99862309 114463 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96177) Transcribed from: (Early English Books Online ; image set 114463) Images scanned from microfilm: (Thomason Tracts ; 64:E402[7]) Terrible nevves from Scotland: or, A true declaration of the late councell of the kingdome of Scotland, and how far they have proceeded in the raysing of their forces with an exact representation of their genealogies, lives, and manners, / written, by a gentleman imployed in the service for the publique, and dedicated to the commissioners of Scotland. Perfect description of the people and country of Scotland Weldon, Anthony, Sir, d. 1649? [2], 6 p. Printed for T.W., London : 1647. Reproduction of the original in the British Library. An enlarged edition of: A perfect description of the people and country of Scotland. Annotation on Thomason copy: "Aug: 16". eng Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. A96177 R201816 (Thomason E402_7). civilwar no Terrible nevves from Scotland: or, A true declaration of the late councell of the kingdome of Scotland,: and how far they have proceeded in Weldon, Anthony, Sir 1647 2543 49 0 0 0 0 0 193 F The rate of 193 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-02 TCP Assigned for keying and markup 2007-02 Apex CoVantage Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion TERRIBLE NEVVES FROM SCOTLAND : OR , A true Declaration of the late Councell of the Kingdome of SCOTLAND , and how far they have proceeded in the raysing of their forces with an exact representation of their Genealogies , lives , and Manners , WRITTEN , By a Gentleman imployed in the Service for the Publique , and dedicated to the Commissioners of SCOTLAND . LONDON , Printed for T. W. 1647. A true Declaration of the late Councell of the Kingdome of Scotland . HAving had the fortune ( honour I will not say ) to be imployed in weighty affaires of the publick , between this my native Kingdome of England , and the neighbour Kingdome of Scotland , and collecting from time to time with the greatest industry I could , the severall most materiall passages observable , during the time of my sad employment , at last seeing no end of the case I undertooke , I composed my selfe to a retired life and began to reflect upon the Diary of my last five yeares action , which now seemes to me as one in a continued trance , and often brings to my mind that of the Psalmist , Man walketh in a vaine shaddow , and disquieteth himselfe in vain . And now as the stopping of me in that Careere , was a signe of Gods speciall favour unto me , so I now publish this relation in testimony of my thankfulnesse and repentance . First , for the Country I must confesse it is to good for those that possesse it , and too bad for those that will be at charge to conquer it ; the ayre might be wholsome but for the stinking people that inhabit it , , the ground might be made fruitfull , had they wit to measure it ; their beasts are generally small , their weomen onely accepted , of which sort the world I thinke hath not greater ; there is store of fowle , fowle houses , fowle linnen , fowle d●shes , and pots , fowle napkins and trenchers , fowle sheets and shirts , with which sort of fowle they have ben forced to fare as the children of Israel did with their fowle in the wildernesse . They have good store of fish , and good for them that can eate it raw ; for if it but once come in their hands , it is presently worse then if it were three daies old ; For their butter and cheese I l'e not medle with them at this time , nor no man else at any time that loves his life . They ha ve great store of Deare also , but so farre from the places I have seene , that I had rather beleeve it then go to disprove it : all the deare I meet withall , was deare Lodging , deare Horse meate , deare Tobacco , and English beere , as for fruit , for their Grandmother Eves sake they never planted any , and for other trees had Christ beene betrayed in this land as doubtlesse he should have beene , had he come a stranger amongst them , Iudas had sooner found the grace of repentance then a tree to hang himself on . They have many H●lls wherein they say is much Treasure , but they have none of it ; nature hath onely discovered to them some Mines of Coales to shew to what end she created them , I se little grasse but in pottage , & no flowers but such as ( modesty forbids me to name ) the Thistle was not given them for naught ; for it is the fairest flower in the Garden : the word Hay is Heathen Greek to them , neither man nor beast knowes what it means , Corn is reasonable plentifull at this time for since they heard of the Kings coming , it ha●h beene as unlawfull for the common people to eat Wheat , as it was in old time for any bu● Priests to eat Shewbread : they prayed much for his coming , and fasted longer for his welfare , all his followers was welcome but the Guard , those they said were like Ph●roes leane Kine , and threaten a dearth where they come : they would perswade Footmen that Oaten Cakes would make them long winded , and the Children of the Chappell they have brought to eate them for the maintenance of their voyces : they said our Cookes were too sawcy , and for Groomes and Coachmen they gave their horses no worse then they might be content to eat themselves : they commend the brave minds of Pentinors , and the Gentlemen of the Chamber , that chuse rather to go to Tavernes , then to be alwayes eating of the Kings provisions ; as likewise the Pages and Yeomen of the Buttery , for their retirednesse and silence , in that they will have 20 knackes , before they will answer one : they perswade the Trumpeters , that fasting is good for men of their quality ; for emptinesse causeth wind , and wind maketh the Trumpet sound the bringing in of Harralds they thinke was a needlesse Charge , they all know their pedegres well enough , and the Harbingers might have been spared since they brought so many beds with them , and of two evils since the least is to be chosen , they wisht that the beds might be left with them , and the poore Harbingers do their Office as they returne . His hangings they desire may remai●e here as Relinques to put them in mind of his Majestie , and they promised to despence with the wodden Images ; but for his graven ones in his new beautified Chappel ▪ they threaten to pull them down soone after his departure , and make of them a burnt Off●ring , to appease the indignation ; they conceive the Almighty bears them for suffering such Idolatry to enter into the Country : the Organs may sound because they say they have some affinity with Bagg-pipes , the Skiper that brought the singing men with ●heir Papisticall vestiments , complaines that he hath been much troubled ever since with a singing in his head ; for remedy whereof the Parson of the Parish hath perswaded him to sell that prophane vessell , and to destribute the mony among the frighted brethren ; for his Majesties entertainment , he was received into the Parish of Edenburgh , for a City I cannot call it , with a great shout and cry , but no showes of charge ; for Pagans they hold Idolatrous things , and not fit to be received in so reformed a place . From the Castle they gave him some Peeces of Ordnance which surely he gave them since he was King of England , and at the entrance of the Towne the presented him with a goulden Bason , which was carryed before him on mens shoulders to his palace , from whence I thinke it came . They protested if Christ came from heaven , he could not have beene much welcomer , which I beleeve . Since his Majesty came but to summon them to Parliament , and Christ would have summoned them to Judgment which they love not to heare of , he was conveyed by the Yorkers of the town , who w●re about 200 Halbert bearers , who will rue it in respect of the charge to the Cross● , and so the high Church , where the onely Bell they had , stood on tiptoe to behold his faire fac● , where I must entreate you to stay for an houre , I confesse I left him . To report the speeches made for his meaner entertainment would be to tedious for you ▪ as the Sermon was for those that were constrained to indure it out . After the preachment he was conducted to his palace , which I forbeare to speak of , but it is a place sanctfied to his devine Majesty , onely I wish it had been well walled for my friends sakes that waited on him , to bring the Major back who all the while attended on his Maiesty , were to much to amplyfie my story , the gentlemen lodged 2 staires high , I will onely faithfully and briefly spake of the people , according to their degrees ; For the Lords spituall they may be well so called , being neither fish nor flesh , but what it sh●ll please their earthly God the King to make them . Obedience they hold to be better then sacrifice , making a mocke of Martyrdome , by saying Christ dyed for them , and not they for him : they will rather subscribe then surrender , or rather dispence with small things then trouble themselves with great imputations , they will rather acknowledge the King to be their head , then want where-with to pomper their bodies : they have taken great pain●s and trouble 〈◊〉 compasse their Bishopticks , and they will leave them for a trifle ; For the Deacons whose desert will not advance them ▪ all they study is to discharge them as have got the least degree before them . And because they cannot write Bishop they proclaime they never heard of any in the Scriptures ; they spake of Deacons and Elders , but not a word of Deacons and Bishops , their words are full of detraction , their Sermons nothing but rayling , and their conclusion● herresies and treasons , that religion they have I confesse is above my reach , and God willing I will never stretch for it ; They Christen without the Crosse , and marry without a Ring , receive thk Sacrament without reverence , die without repentance , and bury without divine service . They keep no holy-daies nor acknowledge no Saint but St. Andrew , who say they got that honour by presenting Christ with an eaten cake after his 40 daies fast . They say likewise that he that translated the English Bible was the son of some malter , because he spake of a miracle done by barley loaves , where●s they le sware tw●s done by many thousands . They use no prayer at all , for they say it is needles , God knows their wants , without their pratling , what he doth h● doth freely , Sabbath daies exercise is a preaching in the forenoonc to heare the Law , and to the cragg & clifts in the afternoone to louze themselves ; they hold their nose if you speak of a beare-baiting and stop their eares if you take of a play , fornic●tion they hold but a pastime wherin mens abilities are approved , and the fertility of a woman discovered ; adultry they shake the head at , theft they raile at , murther wink at , and bl●sp●emy they laugh at , they thinke it impossible to loose the way to heaven if they can but leave Rome behind , to be opposite to the Pope is to be present with God , To conclude , I am verily perswaded if God and his Angels should come downe in white garments , they would 〈…〉 e aw●y and cry out the Children of the Chappel are come again , to meete us , let us fly from the abom●nation of th●se boyes , and hide us in the wilderness● ▪ For the Lords temporall , and temporizing Lords and Gentlemen if I were apt to spea● of any I would not say much of them , onely I must tell them they are Scottishmen , for as soone as they fall from the breasts of the beasts their mother , their carefull Siers posts then away for France , where as they passe the sea , sucks from them that which they suckt from their rude dames : there they gather new flesh , new bloud , new maners , there they learne to speak , to stand , to congie with weomen , and to complement with men , to put on their cloaths , and to returne them into the Country to ware them : they have spared no cost to honour the King , no complementall courtisie to welcome Country men ▪ there followers are there fellow● ▪ their vvives their slaves , their horses their masters , and their svvords their Iudges ▪ Therefore there are but few Lawyers , and those n●t rich : their Parliament holds but three dai●s , their Statutes 3 lives , and are determined in 3 words , the vvonders of the buttery are these , the Lord Chancellour is beloved , the Mr. of the Roules well spoken of , the vvhole Councell who are iudges in all causes free from suspition of corruption The Land though it be mountanous affords no monsters but VVeomen ▪ of vvhich the Countesses and Ladies are ●ept in Cages like our bore franks , through vvhich peeping sometimes to catch the ayre , vve are almost frghted at the sight of them . The greatest madnes among the men is ●●●o●●ie , making such solicitous care to ●eep th●t vvhich none have but 2 of their sences vvould seeke to take ●rom them . The Ladies are of opinion that Susanna could not be chast because she bathed often : pride is a thing breed in their bones and their flesh naturally abhorreth cleanlinesse , their breath commonly stinketh of pottage , their linn●n of pisse their hands of Pigs turds , their vvhole body of svveat and their splay feet ever offend , notvvithstanding their stocks to be chained in marriage vvith one of them , vveare to be tied to a dead carcasse and cast into a stin●ing ditch . Fucus or a Darby frieze , are things that they d●eame not of , the Oyntments among them most frequent are brimstone and butter for the scald , and oyle of baies and stavesa●er for the lice , vvhich lately out of curiositie is but nevvly crept into the Kingdom , and I thinke vvill not long continue . I prefesse I had rather be the meanest minnion then the f●i●est Countesse I have yet seene or discovered . To dravv you dovvn from the Citisens vvife to the countrie common dames vve●e to bring you from Nevvgate to Bridevvell . The despised dames 〈◊〉 Seacoale lane are things of immortall race , every on in Hounsditch that converse in raggs and maribones are Hellens to them , the greasie bauds in turnball-street are Gree 〈…〉 Dames in comparison of them . To conclude the vvoman of ●ury in old time did out more vvonder that the great Messias should be born . FINIS 
A96543	----	A letter, from William King of England, to the estates of the kingdom of Scotland, at their meeting at Edinburgh ... from our court at Hamptoun, the seventh day of March, 1688/9 ... / William R. England and Wales. Sovereign (1689-1694 : William and Mary) 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A96543 Wing W2348 ESTC R42772 38875736 ocm 38875736 152506 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96543) Transcribed from: (Early English Books Online ; image set 152506) Images scanned from microfilm: (Early English books, 1641-1700 ; 2299:16) A letter, from William King of England, to the estates of the kingdom of Scotland, at their meeting at Edinburgh ... from our court at Hamptoun, the seventh day of March, 1688/9 ... / William R. England and Wales. Sovereign (1689-1694 : William and Mary) William III, King of England, 1650-1702. 1 sheet ([1] p.). [s.n.], Edinburgh : Printed in the year, 1689. Imperfect: stained and torn. Reproduction of original in: William Andrews Clark Memorial Library, University of California, Los Angeles. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Great Britain -- History -- William and Mary, 1689-1702. Scotland -- History -- 17th century. Broadsides -- London (England) -- 17th century. 2007-06 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-07 Robyn Anspach Sampled and proofread 2007-07 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion A LETTER , From WILLIAM King of England , to the Estates of the Kingdom of Scotland , at their Meeting at EDINBURGH . My Lords and Gentlemen , WE are very sensible of the Kindness and Concern that many of your Nation have Evidenced towards Us , and Our Undertaking for the Preservation of Religion and Liberty , which were in such imminent Danger ; Neither can we in the least doubt of your Confidence in Us , after having seen how far so many of your Nobi●ity , and Gentry , have owned Our Declaration , Countenancing and Concurring with Us in Our Endeavours , and desiring that We should take upon Us the Administration of Affairs , Civil and Military ; and to Call a Meeting of the Estates , for securing the Protestant Religion , the antient Laws and Liberties of that Kingdom , which accordingly We have ●one . Now it lyes on you to enter upon such Consultations as are most probable to settle y●u on sure and lasting Foundations , which We hope you will set about with all c●venient speed , with regard to the publick Good , and to the general Interest and I●●nations of the People , that after so much Trouble , and great Suffering , they may Li●e Happily and in Peace ; and that you may lay aside all Animosities and Factions , that may impede so good a Work. We were glad to ●●nd that so many of the Nobility and Gentry , when here at London , were so mu●h inclined to an Union of both Kingdoms , and that they did look upon it as one o● the best Means for procuring the Happiness of these Nations , and settling of a lasting Peace amongst them , which would be advantagious to both , they living in the sam● Island , having the same Language , and the same Common Interest of Religion and Liberty , especially at this Juncture , when the Enemies of both are so restless , endeavouring to make , and increase Jealousies and Divisions , which they will be ready to improve to their own advantage , and the ruine of Britain . We being of the same Opinion , as to the usefulness of this Union , and having nothing so much before Our Eyes , as the Glory of GOD , the Establishing of the Reformed Religion , and the Peace and Happiness of these Nations , are Resolved to use Our utmost Endeavours in advancing every thing which may Conduce to the Effectuating the same : So we bid you heartily Farewell , From Our Court at Hamptoun , the seventh day of March , 1688 / 9. WILLIAM R. Edinburgh , Printed in the year , 1689. 
A96549	----	His Majesties most gracious letter to the Parliament. [sic] of Scotland England and Wales. Sovereign (1694-1702 : William III) 1696 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A96549 Wing W2371C ESTC R220113 99899745 99899745 135559 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A96549) Transcribed from: (Early English Books Online ; image set 135559) Images scanned from microfilm: (Early English books, 1641-1700 ; 2450:11) His Majesties most gracious letter to the Parliament. [sic] of Scotland England and Wales. Sovereign (1694-1702 : William III) William III, King of England, 1650-1702. 1 sheet ([1 p.]) printed by the heirs and successors of Andrew Anderson, printer to the King's most excellent Majesty, [Edinburgh : 1696] Dated at end: Given at our court at Loo the 28 August 1696. and of our reign the eighth year. Appointing John, Earl of Tullibardine, Commissioner for the session of Parliament. Imprint from Wing. Reproduction of original in the Folger Shakespeare Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1689-1745 -- Early works to 1800. Scotland -- Foreign relations -- England -- Early works to 1800. England -- Foreign relations -- Scotland -- Early works to 1800. Broadsides 2007-06 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-07 Robyn Anspach Sampled and proofread 2007-07 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion HIS MAJESTIES Most Gracious LETTER To the PARLIAMENT - of Scotland . WILLIAM R. My Lords and Gentlemen , THe continuance of the War obliging Us to Call you together at this time , for your own Safety and Security , as well as for Our Service , and hindering Us to be present in Person : We have appointed Our Right Trustee , and Right well Beloved Cousin and Counsellor , JOHN Earl of Tullibardine to be Our Commissioner , for Representing Our Person and Authority in this Session of Parliament . The knowledge We have of his Capacity , as well as of his zealous Affection , and firm Fidelity to Our Person and Government , will certainly render him Acceptable . We have fully Instructed him in all that may Concern the Good and Welfare of that our Antient Kingdom , and the Interest of Our Service ; And therefore you are to give him entire Trust and Credit . He is to Ask nothing of you in Our Name , but what your own Safety makes necessary . The Delivery that God Almighty lately gave Us , from that Imminent Danger to which both Our Person and Kingdoms were Exposed , by the Crafty and Bloody Designs of Our Enemies , is fresh in your Remembrance , and Calls for Our Joint Care and Providence for the future . The Supplies Granted in the last Session of Parliament , are now almost expired ; And you also know how much the Funds there to appointed , are sunk below Expectation . The Continuing of the Forces , the Buying of Arms and Ammunition , the Repairing of Forts and Garisons , and the Provisions for your Frigats , being all for your own Defence , with the other Charges and Contingencies of the Government , will readily perswade you to give what is Needful , for those Ends. And that in the most effectual and easy manner , Recruits during the War must also be had ; which We hope you will provide in such ways as may best prevent Abuses . We have Impowered Our Commissioner , to Give Our Royal Assent , to such Laws as shall be judged necessary , for the better Securing to Our Subjects their Rights and Properties . It hath been , and shall still be Our Royal Care , to Preserve you in Peace and Safety , and to Promove your Welfare and Prosperity : And therefore We expect you will Treat and Conclude all Matters , with that Prudence , Calmness and concord , as will be most to Our Satisfaction , and no less to your own Honour and Advantage ; And so We bid you heartily Farewell . Given at Our Court at Loo the 28 August 1696. And of Our Reign the Eighth year . 
A96572	----	His Highness the Prince of Orange his speech to the Scots Lords and Gentlemen with their address, and His Highness his answer. With a true account of what past at their meeting in the Council-Chamber at Whitehall, Jan. 1688/9. His Highness the Prince of Orange having caused advertise such of the Scots Lords and Gentlemen, as were in town, met them in a room at St. James's, upon Monday the seventh of January at three of the clock in the afternoon, and had this speech to them. William III, King of England, 1650-1702. 1689 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A96572 297426215 Wing W2481D 297426215 ocn 297426215 137421 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online text creation partnership. (EEBO-TCP ; phase 1, no. A96572) Transcribed from: (Early English Books Online ; image set 137421) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2538:11, 2929:16) His Highness the Prince of Orange his speech to the Scots Lords and Gentlemen with their address, and His Highness his answer. With a true account of what past at their meeting in the Council-Chamber at Whitehall, Jan. 1688/9. His Highness the Prince of Orange having caused advertise such of the Scots Lords and Gentlemen, as were in town, met them in a room at St. James's, upon Monday the seventh of January at three of the clock in the afternoon, and had this speech to them. William III, King of England, 1650-1702. 1 sheet ([2] p.) s.n.], [Edinburgh : printed in the year 1689. Caption title. Place of publication suggested by Wing (2nd ed.). Date of publication taken from colophon. Copy at reel 2929:16 is a replacement for incomplete W2481D on reel 2538:11. Cf. Wing (2nd ed.). Imperfect: print show-through with some loss of text. Reproductions of originals in: Harvard University. Library (reel 2538:11) and National Library of Scotland (reel 2929:16). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1689-1745 -- Early works to 1800. Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. Broadsides -- England -- 17th century. 2007-06 TCP Assigned for keying and markup 2007-06 Apex CoVantage Keyed and coded from ProQuest page images 2007-07 Jonathan Blaney Sampled and proofread 2007-07 Jonathan Blaney Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion His Highness the Prince of ORANGE His SPEECH to the Scots Lords and Gentlemen ; WITH Their Address , and His Highness his Answer . With a true Account of what past at their Meeting in the Council-Chamber , at Whitehall , Jan. 1688 / 9. His Highness the PRINCE of Orange having caused Advertise such of the Scots Lords and Gentlemen , as were in Town , met them in a Room at St. James's , upon Monday the Seventh of January at three of the Clock in the Afternoon , and had this Speech to them . My Lords and Gentlemen , THE only Reason that induced me to undergo so great an Undertaking , was , That I saw the Laws and Liberties of these Kingdoms overturned , and the Protestant Religion in Eminent Danger ; and seeing you are here so many Noblemen and Gentlemen , I have called you together , that I may have your Advice , what is to be done for Securing the Protestant Religion , and Restoring your Laws and Liberties , according to my Declaration . As soon as His Highness had retired , the Lords and Gentlemen went to the Council Chamber at White-Hall , and having Chosen the Duke of Hamilton their President , they fell a Consulting , what Advice was fit to be given to His Highness in this Conjuncture , and after some hours reasoning , they Agreed upon the Materials of it , and appointed the Clerks , with such as were to Assist them , to draw up in Writing , what the Meeting thought expedient , to Advise His Highness , and to bring it in to the Meeting , the next day in the Afternoon . Tuesday the Eighth Instant , the Writing was presented in the Meeting , and some time being spent in Reasoning about the fittest way of Conveening a General Meeting of the Estates of Scotland : At last the Meeting came to Agree in their Opinion , and appointed the Advice to be Writ clean over , according to the Amendments . But as they were about to part , for that Dyet , the Earl of Arran proposed to them , as his Lordships Advice , that they should move the PRINCE of Orange , to desire the KING to return , and Call a Free-Parliament , which would be the best way to Secure the Protestant Religion and Property , and to Heal all Breaches . This Proposal seemed to dissatisfy the whole Meeting , and the Duke of Hamilton their President , Father to the Earl , but they presently parted . Wednesday the Ninth of January , They met at three of the Clock in the same Room , and Sir Patrick Hume took notice of the Proposal made by the Earl of Arran , and desired to know if there was any there that would second it : But none appearing to do it , he said , That what the Earl had proposed , was evidently opposit and inimicous to His Highness the Prince of Orange's Undertaking , his Declaration , and the Good Intentions of preserving the Protestant Religion , and of Restoring their Laws and Liberties exprest in it . And furth●● desired th●● the Meeting should Decl●●e this to be their Opinion of it . The Lord Cardross seconded Sir Patricks Motion ; It was answered by the Duke of Hamilton , President of the Meeting , That their business was to prepare an Advice to be offered to the Prince ; and the Advice being now ready to go to the Vote , there was no need that the Meeting should give their Sense of the Earls Proposal , which neither before nor after Sir Patricks Motion , any had pretended to owne or second ; so that it was fallen , and out of doors ; and that the Vote of the Meeting , upon the Advice brought in by their Order , would sufficiently declare their Opinion : Thus being seconded by the Earl of Sutherland , the Lord Cardross , and Sir Patrick did acquiesce ; and the Meeting Voted unanimously the Address following . 
A97088	----	The bloudy battel at Preston in Lancashire between His Majesties forces commanded by Duke Hamilton, and Sir Marmaduke Landale, and the Parliaments forces commanded by Lieutenant Generall Cromwel, and Major Generall Lambert. With the particulars of the fight, the totall routing of the Scots generals Army, and their killing of 700. upon the place, and the place, and taking of 1100 horse, 47. colours, 20. pieces of ordnance all their armes and ammunition. Likewise, the resolution of the Scottish Army, touching Lieutenant Generall Cromwel, and both houses of Parliament, and the present proceedings concerning the Kings Majesty. Together with a message from His Highnesse the Prince of Wales, to the Lord Gen. Fairfax. And his Excellencies answer thereunto. Walton, J., of the Parliamentary Army. This text is an enriched version of the TCP digital transcription A97088 of text R205115 in the English Short Title Catalog (Thomason E460_20). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 11 KB of XML-encoded text transcribed from 5 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A97088 Wing W675 Thomason E460_20 ESTC R205115 99864553 99864553 162142 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A97088) Transcribed from: (Early English Books Online ; image set 162142) Images scanned from microfilm: (Thomason Tracts ; 73:E460[20]) The bloudy battel at Preston in Lancashire between His Majesties forces commanded by Duke Hamilton, and Sir Marmaduke Landale, and the Parliaments forces commanded by Lieutenant Generall Cromwel, and Major Generall Lambert. With the particulars of the fight, the totall routing of the Scots generals Army, and their killing of 700. upon the place, and the place, and taking of 1100 horse, 47. colours, 20. pieces of ordnance all their armes and ammunition. Likewise, the resolution of the Scottish Army, touching Lieutenant Generall Cromwel, and both houses of Parliament, and the present proceedings concerning the Kings Majesty. Together with a message from His Highnesse the Prince of Wales, to the Lord Gen. Fairfax. And his Excellencies answer thereunto. Walton, J., of the Parliamentary Army. [2], 9 [i.e. 6] p. s.n.], [London : Printed in the yeer. 1648. Place of publication from Wing. Annotation on Thomason copy: "Aug ye 22". Reproduction of the original in the British Library. eng Scotland. -- Army -- History -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649 -- Early works to 1800. A97088 R205115 (Thomason E460_20). civilwar no The bloudy battel at Preston in Lancashire between His Majesties forces commanded by Duke Hamilton, and Sir Marmaduke Landale, and the Parli Walton, J., of the Parliamentary Army 1648 1962 26 0 0 0 0 0 133 F The rate of 133 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2007-05 TCP Assigned for keying and markup 2007-05 Aptara Keyed and coded from ProQuest page images 2007-06 Mona Logarbo Sampled and proofread 2007-06 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion The bloudy BATTEL AT Preston in Lancashire BETWEEN His Majesties Forces commanded by Duke Hamilton , and Sir Marmaduke Langdale , and the Parliaments forces commanded by Lieutenant Generall Cromwel , and Major Generall Lambert . With the particulars of the Fight , the totall routing of the Scots Generals Army , and thei● killing of 700. upon the place , and ●aking of 1100. horse , ●7 . Colours , 20. Pieces of Ordn●●ce , and all their Armes and Ammuni●ion . Likewise , the Resolution of the Scottish Army , touching Lieu●enant Generall Cromwel , and both Houses of Parliament , and the present proceedings concerning the King● Majesty , Together with a Message from His Highnesse the Prince of Wales , to the Lord Gen. Fairfax . And his Excellencies Answer thereunto . Printed in the Yeer , 1648. A perfect RELATION OF A great victory in the North , obtained by the Forces commanded by Lieu●enan● Generall Cromwell , and Major Generall Lambert , against the Scottish Forces commande by Duke Hamilton , as it was certified thence by Letter . SIR , VVEE in these parts have suffered much by the late incursion of the Scots , they plundering and taking away from us , all what they saw good , paying neither Royallist nor Presbyterian ; and if any that had acted much in their behalfe , in rai●ing either men , mony , or been any other way their favourite , had informed the Scottish Comman●ers , of what service they had done in their behalfe , and desi●●ng that they might be freed from plunder , and such other ●nconveniencies , all the answer they could have , was thi● , that they conceived the best way was , for them to convey away their goods , that it might not be a temptation to the Souldiers ; for they could not restraine them from such extravagancies : so you may see that whether we be for them , or against them , their friends , or their enemies , all shall speed alike ; and it their friends have no better assurance to keep their goods , but the hiding them away , they have no greater priviledge for security then their enemies : then with what heart can any act for them ? And besides their plundering of us , they lie upon free quarter , none paying for what they received , and to augment our burthens so many were quartered upon us , that we by that time the Soul●iers were satisfied , had not sufficient bread to put in ou● mouths , and when they removed their quarter● , it was because that we had no provision left to su 〈…〉 them , and sometimes when they have removed , they ha●● 〈◊〉 so b 〈…〉 f●r want of provision , that we have endured much hunger , before we could get any thing to relieve our wa●● , and if that were too little , they laid great taxes upon many of us , and compelled us to pay it , and on all the chiefest of us they laid Se●les for man and horse , every man worth 20 , or above 20 pounds by the year , was to set forth a horse and man compleatly armed , and furnished for the War , so that by these meanes , a great part of Northumberland , Cumberland , Westmerland , and a part of Lancashire are much impoverished thereby . But now we are in great hope , that this black Northern storm will in some time be blown , and it beginning to clear cleer already by , meanes of a great Victory obtained by Lieut. Gen. Cromwell , Major Gen. Lambert against the forces commanded by Duke Hamilton , the Earl of Calender and o●hers , though they were unwilling to fight , and tooke more pleasure in plundering , and free quarter , then in martiall affairs , as should become Souldiers , yet they were at last compelled to fight ( as you shall here anon ) or else for ought I know , they must have starv'd in their quarters , beginning to rise and oppose them in what parts soever they came , but of this enough , the manner of the Fight was thus . Lieut. Gen. Cromwell , having left 2 Regiments of Horse and Foot to secure and block the castle of Scarborough and Pomfract , ( and understanding that the Scots had entred Lancashire , and began to seek fresh quarter , he tooke with him the new raised forces of Northampton shire , Leicester-shire and York-shire , and so joyned with Maj. Gen. Lambert , and their forces being united , they marched in a body towards the Scottish quarters , and sent out parties to rouse the stragling , plundering Scots , and force them from their Head quarters . The Scottish Straglers cared little for fighting , but still made way before our forces , and gathered towards their Head quarters . Our Forces thus chasing them , gave a strong alarum to the whole Scottish Army , who when they saw there was no remedy , began to make preparation for a sudden engagement . Our forces very resolutely marcht towards them , with an intent to fight them , or force them to a retreat The Scottish Forces perceiving the gallant resolution and intention of our soldiers , and seeing they were necessitated to a present engagement , seemed very willing and desirous to try one bout before they returned ; wherfore they immediately drew all their forces , both foot and horse into Batalia , and made choise of their ground near a Town in Lancashire , called Preston , some 12 miles from the City of Lancaster ; where finding a commodious piece of ground for their purpose , both Armies prepared for the Fight , and drew their Armiesn to two bodies . upon Barbers Moor , The Scots being first deawne up , got the wind and the most advantagiou● ground ; but yet our Forces would not be discouraged , but resolved to fight , though with some disadvantage , both Armies faced each other , we being about 12 or 13 thousand , and the Scots above 20 thousand ; parties were drawn out on both sides , who met together and fought , in the mean time both Armies prepared themselves for a charge , and our party overcame the Scots parties , this put us in some hopes of victory , we receiving it for a good Omen : then fresh parties were drawn out , and fought again , and at the last the whole bodyes drew up to the charge , both parties at the first engaged couragiously , and after some dispute , our Infantry being the left Wing , was like to have been worsted , and being overpowred by their numbers , were forced to give ground a little , but yet maintained it with great courage . While this dispute lasted , our right Wing worsted the Scots , and quite defeated their Cavalry , for after the Scottish horse had stood to it a charge or two , and finding such not service , began to retreat , our horse followed them , and with their shot so galled them , that they forced them to run , our forces persued them as farre as they could , and not be endangered by the ●cottish foot . In this persuit many were slain , and divers taken prisoners . Then our horse retreated , and came in very good time to relieve our left Wing , which was in great danger of being defeated ; when they came , they found them to have lost some of their ground , but by the comming in of our horse they were much comforted and encouraged , they having endured two hours of very hot service , the Canons playing often on both sides ; then our horse began to charge the Scottish Infantry , who began to be greatly disheartened by seeing their Chavalry thus defeated , and a great part of our Chavalry comming in to assist our left Wing , they charged the Scots again and recovered their lost ground ; and udon the second charge the Scots retreated , and were put to a confused flight , our forces persued them till the nghr parted them , and had the pillage of the field . In this fight we took eighteen hundred prisoners , many of them being men of note , in the next I shall give you a List of the particulars . In the persuit we likewise rescued all the prisoners they had taken , at the beginning of the fight , and slew 700 ▪ of them in the place , wounded many , Duke Hamilton himself narrowly escaping . We took 1100 Horse , 47 Colours , 10 peeces of Ordnance , most of their Cariages and Ammunition , and above four thousand Arms . The Scottish horse are fled towards Scotland , but Lieutenant Generall Cromwell hath sent a partee of horse ( if it bee possible ) to get before them and stop them . With the next I shall give you a more particular Relation , take this for the peesent , from Your assured Friend , J. Walton . Aug. 20. 1648. A Copy of Prince Charles his Letter , to the Lord Generall Fairfax . My Lord , BEeing informed that some rigorous cause is intended against M. G. Laughorn , C. Powell , C. Poyer , and others now prisoners of war , for things done under the authority of my commission , I thinke fit to let you know , that I cannot but be extreamly sensible of such proceedings , as well in regard of the persons , and of my owne honour , which I take to be highly concerned in their preservation , as also because thereby a necessity will bee put upon mee of proceeding with such as shall fall into my hands in a way very contrary to my nature , and as far from my intentions , unlesse I be necessitated thereunto by your rigour to those Gentlemen , I desire therefore that by your care and seasonable interposition , such moderation may be used toward them , as becomes Souldiers to one another , and as I conceive to be due to them , which will be an ingagement to me to pursue my inclination towards those that shal be in my power , and so I remain . Your loving Friend , Aug. 14. 1648. His Excellencies answer . May it please your Highnesse , I Have acquainted the Houses with your Highnesses Letter concerning M. G. Laughorn and the rest , it being not in my power to act further , the Parliament having ordered in what way they shall be proceeded against , not so much that they were in hostility against them ( I suppose ) as that they have betrayed the trust reposed in them to the sad ingaging this Nation in a second Warre and bloudy ; so it is not in my power to interpose their justice ; but that all obstacles of a just and firme peace may be removed , shall be the earnste prayer of Your Highnesse most humble servant . FAIRFAX , 14 Aug. 1648. FINIS . 
B01456	----	At a Quarter-session, held at Air, the 5th day of February, 1657. By his highness Oliver Lord Protector his Justices, assigned to keep the publick-peace in the Shire of Air. Ayrshire (Scotland). Justices of the Peace. This text is an enriched version of the TCP digital transcription B01456 of text R172624 in the English Short Title Catalog (Wing A4095A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B01456 Wing A4095A ESTC R172624 53298947 ocm 53298947 179734 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B01456) Transcribed from: (Early English Books Online ; image set 179734) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2798:16) At a Quarter-session, held at Air, the 5th day of February, 1657. By his highness Oliver Lord Protector his Justices, assigned to keep the publick-peace in the Shire of Air. Ayrshire (Scotland). Justices of the Peace. England and Wales. Lord Protector (1653-1658 : O. Cromwell). 1 sheet ([1] p.) Printed by Christopher Higgins ..., Edinburgh, : 1657. Caption title. Initial letter. Signed at end: Mr. William Caldwell, Cl. of the Peace. Reproduction of original in: National Library of Scotland. eng Conduct of court proceedings -- Scotland -- Ayr -- Early works to 1800. Scotland -- Politics and government -- 1649-1660 -- Sources. Ayrshire (Scotland) -- Politics and government -- 17th century -- Sources. Broadsides -- Scotland -- 17th century. B01456 R172624 (Wing A4095A). civilwar no At a Quarter-session, held at Air, the 5th day of February, 1657. : By his highness Oliver Lord Protector his Justices, assigned to keep the Ayrshire 1657 1512 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 Mona Logarbo Sampled and proofread 2008-11 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Air ss. At a Quarter-Session , held at Air , the 5th day of February , 1657. By his Highness OLIVER Lord Protector his Justices , assigned to keep the Publick-Peace in the Shire of Air . HIS Highnesse Justices of Peace for the said Shire , in the pursuance of the Trust reposed in them , and for remedy of several abuses , not formerly rectified , have ordered as followeth : I. That the Constables in their respective Towns and Parishes within the said Shire , shall call for two or three best knowing and skilful men , in the discerning of the sufficiency and insufficiency of Meal , Malt , Fleshes , and Shoes , And to survey and sight the same each Mercat-day in time of Mercat , or any other day and place of the selling of the foresaid Commodities ; and if any insufficient Goods be found , to bring the seller thereof before the nearest Justice of Peace , to be punished as the said Justice shall think fit . II. That no Veals be killed or sold under fifteen dayes old ; And if any be found to contravene this Order , the Constables are authorized to bring the killers and sellers thereof before the nearest Justice of Peace , to be punished in manner foresaid . III. That the Constables in their respective Towns and Paris ; hes , with the Surveyors or Visiters aforesaid , are to take notice and make diligent search of all insufficient Ale and Beer that is vended and sold , and to bring the venders and sellers thereof before the nearest Justice of Peace , to be punished and fined at his discretion . IV. That no White-bread be sold by the Bakers and sellers thereof , above twelve penies Scots , at twelve ounces weight , it being good and sufficient Bread , of good and sufficient flower , which is to be surveyed and sighted in manner aforesaid ; And if it be found above the said price , or under the said weight , or made of insufficient flower , that they shall be convened and punished in manner foresaid . V. That no insufficient Shoes , made of insufficient Leather , be sold , which is to be surveyed in manner foresaid ; And if it be found otherwayes , that the makers and sellers thereof are to be convened and punished as said is . VI . That all sorts of Measures and Weights made use of by Merchants , sellers and buyers , to be conform to the Act of Parliament , which is to be surveyed and sighted in manner foresaid ; And if found otherwayes , to bring the owners and havers of the same , before the nearest Justice of Peace , to be punished as he thinks fit : And in the mean time to take the wrong Measures and Weights from them , and to dispose thereof at the said Justice his order : Alwayes this being without prejudice of Measures betwixt Masters and Tennants for uplifting of their yearly Farms and Rents , as hath been formerly in use and wount . VII . That no Smith take any more for working of each pound weight of Plow-Irons , or of any other rough work whereupon the File cometh not , but ten penies Scots , and no more : And the givers and takers of more to be punished in manner foresaid . VIII . That the Weavers are to have for weaving each Ell of Harden or round Linen , under ten heer 's in the pound ( being sufficiently woven ) but twelve penies Scots and no more , without bountieth . And for each heer of Yarn above ten heer 's in the pound , one peny Scots and no more : And the givers and takers of more to be punished in manner foresaid . As also , it is ordered , That the Weavers not only make good and sufficient Cloath upon the respective prices aforesaid ; but likewise that they work it timously , and keep their Agreements with all persons . As also , That no Weaver refuse to take in Webbs upon the prices here set down , in contempt of the foresaid Order : And who ever shall be found to contravene the same , shall be punished in manner foresaid . And as for the price for weaving of Woollen-Cloath , Serges , Camlets , Floured-Stuffs , Coverings , and such like ; together with the breadth of the foresaid Linen-Cloath , is to be taken to consideration at the next Quarter-Session . IX . That the Candle-makers , or sellers thereof , take no more for each pound of good and sufficient Candle , nor four shillings Scots : And the givers and takers of more to be punished in manner foresaid . X. VVhereas there is no particular price of Herds Fees set down in the late printed Acts made anent Fees , &c. Therefore it is ordered , that the Justices in their several Divisions shall have power to determine therein as they think just . XI . Ordered , That no VVomen be permitted to travel with Men through the Shire , under pretext of Marriage , without having a Certificate of their Marriage , and a Passe from two or more of his Highnesse Justices of Peace . XII . That no Men nor Women that are fit for service , or have used to serve for Fees or Wages , be permitted to live alone in houses by themselves , or in the family of others not in actual service with them , in any place of this Shire ; but that they be caused to serve for the Fees that are appointed ; and if they refuse , to be punished as aforesaid . XIII . That the persons foresaids , called for by the Constables to be assisting to them in surveying the whole particulars above-mentioned , are to make faith for their faithful discharge of their Trust , as Surveyors or Visiters , before the nearest Justice of Peace in that Division ; And if any of them refuse to accept of the Office in manner foresaid , the Constables are to bring them before the nearest Justice of Peace , to be fined and punished at his discretion . XIV . Whereas there are many strange , strong , sturdy and idle Beggars , whereof some are lame Souldiers , others Vagabonds and idle persons ; as counterfeit Aegyptians , and such like , still haunting and begging within this Shire ; through which several Thefts and Robberies are committed , notwithstanding of several Acts of Parliament made to the contrary : It is therefore ordered , That all such persons shall forthwith be apprehended , and brought before the nearest Justice of Peace , to be punished conform to the Act of Parliament made there-anent . XV . Whereas there are several poor Orphans that have no livelihood , as also many indigent weak and aged persons begging through the Shire , not confining themselves to their respective Parishes where they were born , or have cohabited , contrary to the Act of Parliament made there-anent ; It is therefore ordered , That all such persons shall forthwith return to their said respective Parishes , and there give up their names to the Constables , and others authorized for that effect within the said Parish ; And the names so given up , are to be brought in to the Clerk of the Peace betwixt and the next Quarter-Session held after the publication hereof , to the effect some regular course may be taken for their maintenance in all time coming ; And in the mean time ordains the respective Parishes to maintain their respective Poor until that be done ; And if any faile or neglect to give up their names , as said is , they shall be holden as strangers and vagabonds , and extruded the Shire . XVI . That if any Parish wherein any Theft or Robbery is committed , do not answer the Hue and Cry raised upon the committing thereof , and follow the Constable in the pursuit till he return , such Parish shall be liable for payment of the Goods and Geir robbed and stolen , or so much thereof as the saids Justices shall find cause for . ORdered , That the several Articles concerning the particulars above-mentioned , be forthwith Printed , and Published at the Mercat-Crosses , and respective Parishes within the said Shire . The several Constables of each Town and Parish are hereby ordered to see the same done accordingly . Mr. WILLIAM CALDWELL , Cl. of the Peace . EDINBVRGH , Printed by Christopher Higgins , in Harts-Close , over against the Trone-Church , 1657. 
B01499	----	A declaration of the commander in chief of the forces in Scotland, and of the officers of the army under his command, in vindication of the liberties of the people, and the priviledges of Parliament. Scotland. Army. This text is an enriched version of the TCP digital transcription B01499 of text R211296 in the English Short Title Catalog (Wing A844). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B01499 Wing A844 ESTC R211296 53298926 ocm 53298926 179722 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B01499) Transcribed from: (Early English Books Online ; image set 179722) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2798:4) A declaration of the commander in chief of the forces in Scotland, and of the officers of the army under his command, in vindication of the liberties of the people, and the priviledges of Parliament. Scotland. Army. Albemarle, George Monck, Duke of, 1608-1670. 1 sheet ([1] p.) Printed by Christopher Higgins ..., Edinburgh : 1659. Caption title. Initial letter. Text in black letter. Signed at foot: Signed in the name and by the consent of the Commander in Chief and the officers of the army in Scotland. William Clarke, secretary. Imperfect: creased, with slight loss of text. Reproduction of original in: National Library of Scotland. eng Scotland -- Army -- History -- Sources. Scotland -- History -- 1649-1660 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Broadsides -- Scotland -- 17th century. B01499 R211296 (Wing A844). civilwar no A declaration of the Commander in Chief of the forces in Scotland, and of the officers of the Army under his command, in vindication of the Scotland. Army 1659 520 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 Megan Marion Sampled and proofread 2008-11 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A DECLARATION OF THE COMMANDER in Chief of the Forces in SCOTLAND , And of the OFFICERS of the Army under his Command , In Vindication of the Liberties of the PEOPLE , and the Priviledges of PARLIAMENT . HAving , to the great grief of our hearts , been informed of a most unhappy difference lately fallen out betwixt the Parliament and some Officers of the Army at London , which hath occasioned the displacing of sundry of the said Officers ; And also the interruption of the Members of Parliament in the discharge of their Duty , We therefore , having earnestly besought the LORD to direct us in this great and weighty Affair , wherein the Liberty and Peace of these Nations , and the Interest of the Godly and Faithfull therein is so nearly concerned , do finde it our duty to Declare , and we do hereby Declare , That we shall use our Christian endeavours to the utmost for the begetting of a Right understanding and Reconciliation betwixt the Parliament and the said Officers of the Army . And we do also Declare , That we shall , through the strength of God , assert and maintain the Freedom and Priviledges of the present Parliament , the so often , and lately acknowledged Supream Authority of these Nations , and not suffer the Members thereof to be illegally interrupted or molested in the discharge of their Duties ; And we do solemnly avow to all the world , that our only intention in doing this , is to preserve the Rights of our Country , and to protect and encourage all the Godly and Faithfull therein , according to our Declaration to the Churches , lately emitted and published ; and likewise to establish the Peace of these Nations , and the Government of a Free-State or Commonwealth , To which we stand obliged by several Vows and Engagements , made before GOD and many Witnesses : And as we have within us the Testimony of sincere hearts and unbyassed consciences to encourage us in these our Vndertakings , so we doubt not of the concurrent assistance of all the unprejudiced Faithfull in the Land , for whose sakes principally we are drawn forth to this Engagement . And we therefore invite all our Brethren of the Army , and of the Militia , and all others that professe love to GOD and His People , and to their own and their Posterities Liberties , to come and give us their chearful aid in this Work , whereunto the Lord hath called us , lest they be made a Prey to the Lusts of Men , and then bewail the losse of this opportunity which God hath put into their hands . Linlithgow , Octob. 21. 1659. Signed in the Name and by the Consent of the Commander in Chief and the Officers of the Army in Scotland . WILLIAM CLARKE , Secretary . EDINBVRGH , Printed by Christopher Higgins , in Harts Close , over against the Trone Church , 1659. 
B02015	----	The Kings Majesties letter, directed to the Committee of Estates of his Kingdome of Scotland. And his Majesties proclamation for disbanding of all forces within this Kingdom raised by his authority, and not allowed by Parliament, Secret Councell, or Committee of Estates. England and Wales. Sovereign (1625-1649 : Charles I) This text is an enriched version of the TCP digital transcription B02015 of text R173695 in the English Short Title Catalog (Wing C2386A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 8 KB of XML-encoded text transcribed from 2 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B02015 Wing C2386A ESTC R173695 52528753 ocm 52528753 178718 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02015) Transcribed from: (Early English Books Online ; image set 178718) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2768:7) The Kings Majesties letter, directed to the Committee of Estates of his Kingdome of Scotland. And his Majesties proclamation for disbanding of all forces within this Kingdom raised by his authority, and not allowed by Parliament, Secret Councell, or Committee of Estates. England and Wales. Sovereign (1625-1649 : Charles I) Charles I, King of England, 1600-1649. 1 sheet ([1] p.) By Evan Tyler, printer to the Kings most excellent Majestie, Printed at Edinburgh : 1646. Caption title. Imprint from colophon. Letter dated 19 May 1646; proclamation dated 20 May 1646. Also includes reply from Committee of Estates dated 23 May 1646. Imperfect: torn and stained with slight loss of text. Reproduction of the original in the National Library of Scotland. eng Great Britain -- History -- Civil War, 1642-1649 -- Sources. Scotland -- History -- Charles I, 1625-1649 -- Sources. Broadsides -- Scotland -- 17th century. B02015 R173695 (Wing C2386A). civilwar no The Kings Majesties letter, directed to the Committee of Estates of His kingdome of Scotland. And His Majesties proclamation for disbanding England and Wales. Sovereign 1646 1374 2 0 0 0 0 0 15 C The rate of 15 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-01 TCP Assigned for keying and markup 2008-02 SPi Global Keyed and coded from ProQuest page images 2008-07 Olivia Bottum Sampled and proofread 2008-07 Olivia Bottum Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE KINGS MAJESTIES LETTER Directed to the COMMITTEE of ESTATES , of His Kingdom And His Majesties PROCLAMATION for Disbanding of all Forces with 〈◊〉 raised by His Authority , and not allowed by Parliament , Secret Councell , or Committee of Est●●● Charles R. RIght trustie and Right welbeloved Cousins and Councellors , Right trustie and Right welbeloved Cousins , Trusted and wel●●●●ved Councellors , and Trustie and welbeloved ; We greet you well . After so long and sad an interruption of the happy understanding betwixt Us and Our good Subjects of Our Kingdom of Scotland ( which hath exceedingly afflicted Us ) and lest the sad effects thereof may have alienated the affections of many of that Kingdom from Us , and preferring nothing to the love of Our Subjects , on which Our Safety and Greatnesse most depends , and without which We propose not to Our selves any Happinesse ; We have thought fit to labour to dispossesse them of all prejudice , rather by shewing them Our present resolutions , then remembring them of Our former differences , having come hither with a full and absolute intention to give all just Satisfaction to the joynt defires of both Our Kingdomes , and with no thought either to continue this unnaturall War any longer , or to make a division bewixt the Kingdoms , but to Comply with Our Parliaments and these intrusted by them in every thing , for settling Truth and Peace . Your Commissioners have offered to Us divers Papers in your name , expressing your loyall intentions towards Us , for which We cannot but returne you hearty thanks , and shall study to apply Our selves totally to the Councells and advices of Our Parliaments : We have alreadie sent a Message to the two Houses of our Parliament of England , and your Commissioners at London , which We hope will give satisfaction ; We have likewise written to all such within Our Kingdom of Scotland as have any Commissions from Us , to lay down Armes , Disband their Forces , and render their Garrisons ; and have written to Our Agents and Ministers abroad for recalling all Commissions issued forth by Our Authority to any at Sea , against any of Our Subjects of either Kingdoms ; and have sent Letters to the Governour of Our Citie of Oxford , to quit that Garrison upon Honourable Conditions , and disband Our Forces there , which being granted to him , We have resolved presently to give the like order to all Our other Garrisons and Forces within this Kingdom . And that the truth of all these Our Reall intentions may be made known to all Our good Subjects in Scotland , We desire the inclosed Proclamation may be Printed and published together with this Letter , at all convenient places ; hoping none will beleeve but that this is our voluntary and cordiall resolution , and proceeds from no other ground , then Our deep sence of the bleeding condition of Our Kingdoms , and that Our reall intentions are ( with the Blessing of God , and his favourable assistance ) to joyne with Our Parliaments in settling Religion here in purity ( after the advice of the Divines of both Kingdoms assembled at Westminster ) and Our Subjects of both Kingdoms in freedom and safety : So expecting your Councells and advices in every thing wherein We shall be concerned , We bid you very heartily farewell . From Newcastle the 19 of May 1646. HIS MAJESTIES PROCLAMATION Charles R CHARLES , By the Grace of God , King of Great Britain , France , and Ireland , Defender of the Faith . To Our Lovits Our Lion King at Arms , and his Brethren Heralds and Pursevants , Our Sheriffs in that part , Greeting . Whereas nothing hath been more grievous to Us then the sad effects have flowed from the unhappie Differences betwixt Us and Our good Subjects ; for the remedy whereof We are resolved to leave no means unassayed , which may bring a happy understanding betwixt Us and them : And for that end , to comply with the desires of Our Parliaments and those intrusted by them , in every thing which may contribute to the speedy settling of Truth and Peace in all Our Dominions ; That with Gods assistance , We may see Our Subjects happinesse under Our Government , equall to the best times of Our Royall Progenitors : And that all Marks and Signes of Differences betwixt Us and them may be removed , and all Acts of Hostility may cease , and none cover or shelter themselves under the pretence of any power or authority from Us ; We have resolved to recall and discharge , Like as hereby we do recall and discharge , all Commissions by Sea or Land , issued forth by Us , to any person or persons , under what pretence soever , within Our Kingdom of Scotland . And therefore Our will is , And We charge you straitly and command , That incontinent thir Our Letters seen , you passe , and by open Proclamation hereof at the Market Crosses of Edinburgh , Stirling , Glasgow , Dundee , Perth , Forfar , Aberdeen , Innernesse , and other places needfull , In Our name and authority , Command and Charge , All persons , of whatsoever quality or degree within Our said Kingdom of Scotland , who are now in Arms by vertue or warrant of any Commission or authority flowing from Us , which is not allowed by Our Parliament , or Committee of Estates , or Secret Councell there , under what pretence soever , That they and every one of them , forthwith after the Publication hereof , lay down Arms , Disband their Forces , and render their Garisons to any whom the Committee of Estates of Our Kingdom of Scotland shall appoint ; With certification , That if any person or persons , of what quality or condition soever , shall refuse , or delay to lay down Arms , Disband their Forces , render their Garisons ; or that shall hereafter , under pretence of Our Service , or of any former Commission from Us , commit any hostile Act or Acts , shall be immediatly pursued and proceeded against by all manner of wayes , without Mercy . Likeas , hereby We disavow and disclaim all Acts of Hostility that shall be done hereafter , by any person or persons whatsoever , under pretence of Our Service , or of any such Commission or Warrant from Us , which is not approven by Our Parliament , Secret Councell , or Committee of Estates of that Kingdom of Scotland . The which to do , We commit to you Our full power by thir our Letters . Given under Our Signe Manuall at Newcastle , the 20. day of May , and of Our Reign the 22. year . 1646 Edinb. 23. May . 1646. THe Committee of Estates of the Kingdom of Scotland , Having read and considered His Majesties Letter and Proclamation above written , Do with all dutie and thankfulnesse acknowledge His Majesties gracious goodnesse , in giving such large expressions of His Resolution to comply with His Parliaments and these intrusted by them , for settling Truth and Peace in all His Dominions . And that the same may be known , to the satisfaction of all His good Subjects , the Committee , according to the Warrant , of His Majesties Letter , Ordains the said Letter and Proclamation to be Printed , and Published at the Market Crosses of all the Royall Burrows of this Kingdom : And that the Burrows and others His Majesties good Subjects witnesse their thankfulnesse therefore by Ringing of Bells , putting on of Bonefires , and others expressions of joy formerly used in cases of the like kinde . Arch. Primerose Printed at Edinburgh by Evan Tyler , Printer to the Kings most Excellent Majestie . 1646. 
B02070	----	His Majesties gracious proclamation and indempnity, to those in the late rebellion. Scotland. Sovereign (1649-1685 : Charles II) 1667 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B02070 Wing C3038B ESTC R173762 53981618 ocm 53981618 180155 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02070) Transcribed from: (Early English Books Online ; image set 180155) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2819:9) His Majesties gracious proclamation and indempnity, to those in the late rebellion. Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-0685. 1 sheet ([1] p.) by Evan Tyler, [Edinburgh : 1667] Caption title. Imprint suggested by Wing. Royal arms at head of text; initial letter. Text primarily in black letter. Intentional blank spaces left in text. Dated at end: Given at Our Court at Whitehall, the first day of October, one thousand six hundred and sixty seven, and of Our Reign the nineteenth year. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Early works to 1800. Scotland -- History -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-03 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-12 Mona Logarbo Sampled and proofread 2008-12 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSEA royal blazon or coat of arms His MAJESTIES Gracious PARDON AND INDEMPNITY , To those in the late Rebellion . CHARLES R. CHARLES , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith ; To all and sundry Our Lieges and Subjects whom these presents do or may concern , Greeting : Forasmuch as it hath been alwayes Our greatest care , that Our good Subjects may live in Peace and Happiness under Our Government , So We have for that purpose been more desirous to make use of Our Mercy , to induce them to a dutiful submission to Our Laws , then to take special notice of any disorders committed by them , as the Acts of Indempnity and Grace lately granted by Vs will witness . And the same tenderness towards them still possessing us , in order to those who have been seduced and misled in the late Rebellion and Insurrection that appeared in some of the Western Shires , in the Moneth of November last , We are resolved that Our Mercy to them shall far exceed Our Iustice : And therefore , out of Our special Grace and Favour , We do by these presents grant Our full and free Pardon and Indempnity to all persons who were engaged in the said Rebellion , or who had accession thereto , from all pain or punishment , which by the Law they are lyable to for the said Rebellion , and for all deeds done by them in the same , or in relation thereto : Excepting alwayes from this Pardon , the Persons and Fortunes of Colonel James Wallace , Major Lermonth , Maxwel of Montief younger , Macklellan of Barscob , Gordoun of Parbrek , Macklellan of Balmagechan , Cannon of Burnshalloch younger , Cannon of Barley younger , Cannon of Mordrogget younger , Welsh of Skar , Welsh of Cornley , Gordoun of Garrery in Kells , Robert Chambers Brother to Gadgirth , Henry Grier in Balmaclelan , David Stot in Irongray , John Gordoun in Midtoun of Dalry , William Gordoun there , John Macknacht there , Robert and Gilbert Cannons there , Gordoun of Bar elder in Kirkpatrick-Durham , Patrick Macknacht in Cumnock , John Macknacht his Son , Gordoun of Holm younger , Dempster of Carridow , of Dargoner , of Sundiwall , Ramsay in the Mains of Arnistoun , John Hutcheson in Newbottle , Patrick Listoun in Calder , William Listoun his Son , James Wilkie in the Mains of Cliftoun-hall , the Laird of Caldwell , the Goodman of Caldwell younger , the Laird of Kersland younger , the Laird of Bedland-Canninghame , Porterfield Of Quarreltoun , Alexander Porterfield his Brother , Lockhart of Wicketshaw , Mr. Trail , Son to Mr. Robert Trail , sometime Chaplain to Scotstarbet , David Poe in Pokelly , Mr. Gabriel Semple , John Semple , Mr. John Guthry , Mr. John Welsh , Mr. Samuel Arnot , Mr. James Smith , Mr. Alexander Pedden , Mr. Orr , Mr. William Veitch , Mr. Patton Preacher , Mr. Cruikshanks , Mr. Gabriel Maxwel , Mr. John Carstairs , Mr. James Mitchel , Mr. William Forsyth , and of all others who are forfaulted , and who are under process of forfaulture : As also excepting all such , who , since the late Rebellion , have been accessory to the robbing of Ministers houses , and committing violences upon the persons of Ministers , and who shall be processed for the same , and found guilty thereof , betwixt and the first day of December next ensuing ; But with this express condition alwayes , That this Pardon shall only extend to such , who betwixt and the first day of January next shall make their appearance before such as are authorized for that effect , and shall give Bond and Security for keeping the pubick Peace of Our Kingdom ; and that such of them as shall give their Oath that they cannot find Security and Caution , give their own Bond for that purpose . And this Our Royal Favour and Grace , We appoint to be published at the Mercat-cross of Edinburgh , and other Royal Burroughs of these Shires . Given at Our Court at Whitehall , the first day of October , one thousand six hundred and sixty seven , and of Our Reign the nineteenth year . 
B02071	----	His Majesties gracious proclamation, concerning the government of his ancient kingdom of Scotland. England and Wales. Sovereign (1660-1685 : Charles II) This text is an enriched version of the TCP digital transcription B02071 of text R173763 in the English Short Title Catalog (Wing C3039B). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B02071 Wing C3039B ESTC R173763 52612067 ocm 52612067 179352 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02071) Transcribed from: (Early English Books Online ; image set 179352) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2786:13) His Majesties gracious proclamation, concerning the government of his ancient kingdom of Scotland. England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by Christopher Higgins, in Harts Close, over against the Trone-Church, Edinburgh : Anno Dom. 1660. Caption title. Royal arms at head of text; initial letter. Text printed in black letter. Proclamation dated: the second day of August, in the year, one thousand six hundred and sixty; ordered to be printed by the Council of the city of Edinburgh on the seventh of August, 1660. Reproduction of the original in the National Library of Scotland. eng Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. B02071 R173763 (Wing C3039B). civilwar no His Majesties gracious proclamation concerning the government of . . . Scotland Charles II 1660 321 1 0 0 0 0 0 31 C The rate of 31 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-03 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 Emma (Leeson) Huber Sampled and proofread 2008-06 Emma (Leeson) Huber Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms C R HONI SOIT QVI MAL Y PENSE His Majesties gracious PROCLAMATION , Concerning the Government of His Ancient Kingdom of SCOTLAND . CHARLES R. CHARLES by the Grace of God , King of Scotland , England , France , and Ireland , Defender of the Faith . To all Our loving Subjects of Our Kingdom of Scotland , or others , whom these do , or may concern , Greeting . Forasmuch as it hath pleased Almighty GOD , to remove that Force and Armed Violence , by which the Administration of Our Royall Government among Our People there , was interrupted ; And We being desirous to witnesse Our Affection to , and care of , that Our Ancient Kingdom ( of whose Loyalty We have had many Testimonies ) have Resolved , that until a Meeting of Parliament ( which We are presently to Call ) the Government shall be Administrate by Vs , and the Committee of Estates , nominate by Vs and Our Parliament , in the Year , 1651. And therefore do hereby Call and Authorize the said Committee , to meet at Edinburgh upon the Twenty third day of August instant : And We do hereby require Our Heralds , Pursevants , and Messengers at Arms , To make Publication hereof at the Mercat-Cross of Edinburgh , that Our Royal Resolution may be known to all Our good Subjects there . Given at Our Court at Whitehall , the Second day of August , in the Year , One thousand six hundred and sixty , And of Our Reign the Twelf●● EDINBVRGH the seventh of August , 1660. THe Council of the City of Edinburgh , Ordains his Majesties Gracious Proclamation to be forthwith Printed and Published . JA. VVRIGHT . EDINBVRGH , Printed by Christopher Higgins , in Harts Close , over against the Trone-Church , Anno Dom. 1660. 
B02107	----	By the King. A proclamation containing His Majesties gracious pardon and indemnity Scotland. Sovereign (1660-1685 : Charles II) 1679 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B02107 Wing C3279 ESTC R171269 53981483 ocm 53981483 180160 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02107) Transcribed from: (Early English Books Online ; image set 180160) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2819:14) By the King. A proclamation containing His Majesties gracious pardon and indemnity Scotland. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) printed by the heir of Andrew Anderson ..., for Andrew Forrester, Edinburgh : 1679 ; and re-printed at London : 1679. Caption title. Royal arms at head of text; initial letter. Dated at end: Given at Our Court at Windsor Castle, the twenty seventh day of July, one thousand six hundred seventy and nine. And of Our Reign, the thirtieth one year. Imperfect: torn with slight loss of text. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Government, Resistance to -- Scotland -- Early works to 1800. Pardon -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms By the King. A PROCLAMATION . Containing his Majesties Gracious Pardon and Indemnity . CHARLES R. CHARLES the Second , by the Grace of GOD , King of Scotland , England , France and Ireland Defender of the Faith , &c. To all and sundry Our good Subjects whom these presents do or may concern , Greeting : The just Resentments We have of the rebellious courses taken by some in that Our ancient Kingdom of Scotland , by poisoning Our people with Principles inconsistent with true Piety , and all Humane Society , as well as with Our Royal Government , and of the humorous Factions of others , who ( under pretext of re-presentin● Grievances to Us ) have most unjustly , both in Scotland and England , Defamed our Judicatures of Scotland , and thereby weakened Our Authority , therein represented ; All which , did not hinder Us from endeavouring to quiet the one by Our late Proclamation ; and the other by a publick Hearing and Debate : And being most desirous to cover all the Imperfections of Our Subjects , and to remove the Fears and Jealousies , whence they proceed ; We have therefore , by Our Royal Authority , and the undoubted Prerogative of Our Crown , thought fit ( with the Advice of Our Privy Council ) to Indemnifie , Remit and Pardon ( with the Exceptions after specified ) all such as have been at Field , or House Conventicles ; all such as are guilty of irregular administration of the Sacraments , and other Schismatick Disorders , all such as have been engaged in the Rebellion , 1666. Or the late Rebellion this present Year of God , 1679. All such have Spoken , Written , Printed , Published , or dispersed any Traiterous Speeches , infamous Libels , or Pasquils , all sich as have mis-represented any of Our Judicatures , Servants , or Subjects , or have advised any thing contrary to Our Laws , all such as have maleversed in any publick Station , or Trust : and generally , all such as are lyable to any pursuit , for any Cause , or Occasion , relating to any publick Administration , by Contrivances , Actings , Oppositions , or otherways preceeding the date hereof , Declaring the generallity of these Presents , to be effectual to all intents and purposes , as if every Circumstance of every the foresaid Delinquencies , or Mis-demeanours were particularly and specially here inserted ; and as if every of the persons that might be challenged and pursued for the same , had a Remission under Our great Seal , or an Act of Indemnity past in his favours . Discharging any of Our Officers , or Subjects , to pursue any person or persons upon any such Accounts , either advindictam publicam vel privitam , or to upbraid them therewith . And Commanding all Our Judges to Interpret this Our Remission and Indemnity , with all possible latitude and favour , as they will be answerable to Us upon their highest perils . Excepting such as are already forefaulted by Our Parliaments , or Our Criminal Court , fined by Our Privy Council ; and such who being fined by Inferiour Judicatures , have payed , or transacted for their fines , in so far as concerns their respective fines , so imposed : Excepting also , all such Heretors and Ministers , who have been in the late Rebellion , or were contrivers thereof , and such Heretors as have contributed thereto , by Levies of Men or Money , and excepting likewise such as obeyed not Our , and Our Councils Proclamation , in assisting in Our Host ; to be pursued for that their Delinquency , according to Law ; and such persons as have threatned , or abused any of the Orthodox Clergy , or any of Our good Subjects for assisting Us , in suppressing the late Rebellion ; and that , since Our Proclamation , dated the twenty ninth day of June , last past : Which Indemnity We do grant to those who were ingaged in the late Rebellion , provided that they shall appear before such as Our Privy Council shall nominate , betwixt and the dyets following , viz. these that are within this Kingdom , betwixt and the eighteenth day of September , and these that are furth thereof , betwixt and the thirteenth of November next to come , and enact themselves , never to carry Arms against Us , or Our Authority , and with express condition , that if ever they shall be at any Field conventicle , or shall do any violence to any of Our Orthodox Clergy , this Our Indemnity shall not be useful to such Transgressors any manner of way ; as it shall not be to any for private Crimes , such as Murders , Assassinations , Thefts , Adulteries , the fines and denunciations thereof , and such like as never use to be comprehended under general Acts of Indemnity , and particularly the Execrable Murder of the late Arch-bishop of St. Andrews : Nor to such as were appointed to be carryed to the Plantations , by our Letter , dated the twenty ninth day of June last , though their lives be by this Our Royal Proclamation also , secured unto them , in manner , and upon the conditions above-mentioned . But lest the hope of Impunity should embolden the malicious to future disorders ; We do hereby Command Our Privy Council , and all Our other Judicatures , to pursue and punish will all the severity that Law can allow , all such as shall hereafter threaten or abuse the Orthodox Clergy , murmure against Our Judicatures , or Officers , or shall make , publish , print , or disperse Lybels , or Pasquils ; these being the fore-runners of all Rebellions ; and which , by defaming Authority , do disappoint all its just and necessary Methods . And to the end , all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timous Intimation hereof , at the Mercat Cross of Edinburgh , and other places needful . Given at Our Court , at Windsor Castle , the twenty seventh day of July , one thousand six hundred seventy and nine . And of our Reign , the thirtieth one Year . By His MAJESTIES Command , LAUDERDALE . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Ander●●● , Printer to His most Sacred Majesty , Anno Dom. 1679. And Re-Printed at London , for Andrew Forrester , in King-street , Westminster . 
B02112	----	By the King. A proclamation for calling a Convention of Estates. Scotland. Sovereign (1649-1685 : Charles II) 1665 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B02112 Wing C3319 ESTC R171272 53981623 ocm 53981623 180161 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02112) Transcribed from: (Early English Books Online ; image set 180161) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2819:15) By the King. A proclamation for calling a Convention of Estates. Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by Evan Tyler, printer to the King's most excellent Majesty, Edinburgh : 1665. Caption title. Royal arms at head of text; initial letter. Text in black letter. Dated at end: Given at Our Court at Whitehall, the second day of June, one thousand six hundred and sixty five, and of Our Reign the seventeenth year. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Convention of Estates. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms BY THE KING . A PROCLAMATION , For calling a Convention of ESTATES . CHARLES , by the grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects whom these presents do , or may , concern , Greeting ; The large and real testimonies , which Our good Subjects of Our ancient Kingdom of Scotland have given of their fidelity and affection to Our Person , Authority and Government , do daily confirm the resolutions We have taken to be very tender and carefull of their concerns , and to improve all occasions which may tend to their happiness and peace ; and upon that account , have been hithertills sparing to put them to any charge for carrying on this War , wherein We are now engaged , with the Inhabitants of the United Provinces , for the maintainance of Our own Honour , and the Peace and Trade of Our Kingdoms : yet , being confident of their readiness to hazard their lives and fortunes in this just quarrel , wherein Our Honour and Service , and their own Interest , is so much involved , as to the issue and event thereof ; and that they may witness their zeal and resolutions to maintain the same , by a national Supply and Taxation , as has been formerly granted to Our Royal Ancestors , when their occasions required the same . Therefore We have thought fit , to call a convention of Estates of that Our ancient Kingdom , to meet at Edinburgh upon the second day of August next to come : And do hereby require and command , all Archbishops , Dukes , Marquesses , Earls , Viscounts , Bishops , Lords and Officers of State , of that Our Kingdom , to be present , and attend that diet . And also We do require all Our Sheriffs of the several Shires , and their Deputes , that if there be any new election , made for this year , of Commissioners to Parliaments or Conventions , they make timeous intimations to these Commissioners , to keep this meeting : But , if there be no elections already made , that then they forthwith call and conveen all the Free-holders in their respective Shires , that according to the Laws and Acts of Parliament , elections may be made of fit persons to be Commissioners for this convention , and that Our Royal Burroughs make choice of Commissioners accordingly ; and that they , and all others having interest , attend this convention of Our Estates , under the pains contained in Our Laws made thereanent . And that all Our good Subjects may have due notice of this Our Royal Will and Pleasure , We do hereby command Our Lyon , King at Arms , and his brethren Heraulds , Macers , Pursevants , Messengers at Arms , to make timeous Proclamation hereof at the Mercat Cross of Edinburgh , and at the Mercat Crosses of the head Burroughs , in the several Shires of that Our Kingdom . Given at Our Court at Whitehall , the second day of June , one thousand six hundred and sixty five , and of Our Reign the seventeenth year . GOD SAVE THE KING . EDINBVRGH , Printed by Evan Tyler , Printer to the King 's most Excellent Majesty , 1665. 
B02113	----	A proclamation for calling a Convention of Estates Scotland. Sovereign (1649-1685 : Charles II) 1678 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B02113 Wing C3320 ESTC R225705 52528760 ocm 52528760 178726 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02113) Transcribed from: (Early English Books Online ; image set 178726) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2768:15) A proclamation for calling a Convention of Estates Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1635-1685. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, printer to His Most Sacred Majesty, Edinburgh : 1678. Royal arms at head of sheet; initial letter. Dated at end: Given at Our Court at Whitehall, the twenty-third day of May, 1678, and of Our Reign the thirtieth year. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Convention of Estates -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-03 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , For calling a Convention of Estates . CHARLES , By the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects whom these do , or may concern , Greeting : The great kindness We bear to that Our Ancient Kingdom , hath at all times inclined Us to be very watchful over all its Concerns : And considering , that all Kings and States do , at present , carefully secure themselves and their people , by providing against all such Forreign Invasions and Intestine Commotions , as may make them a prey to their Enemies ; And that it is not fit , That that Our Kingdom should only , of all others , remain without defence , especially at a time wherein those execrable Field-Conventicles ( so justly termed in Our Laws , The Rendezvouzes of Rebellion ) do still grow in their numbers and insolence ; against all which , Our present Forces cannot in reason be thought a suteable security . Therefore , and that We may be the better enabled to raise some more Forces , for securing that Our Kingdom against all Forreign Invasions and Intestine Commotions , and to maintain them in the most equal and regular way , and to let the World see the unanimous affection of Our people to Us ; We have thought fit to call a Convention of the Estates of that Our Ancient Kingdom , to meet at Edinburgh upon the twenty sixth day of June next to come : And We do hereby Require and Command , all Archbishops , Dukes , Marquesses , Earls , Viscounts , Bishops , Lords , and Officers of State of that Our Kingdom , to be present , and attend that Dyet : And also we do require all Our Sheriffs in the several Shires , and their Deputs , That if there be any new Elections already made for this Year , of Commissioners to Parliament or Conventions , they make timeous Intimation to these Commissioners , to keep this Meeting ; but if there be no Elections already made , That then , they forthwith call and conveen all the Free-holders in the respective Shires , that according to the Laws and Acts of Parliament , Elections may be made of fit persons , to be Commissioners for this Convention : And that Our Royal Burrowes make choice of Commissioners accordingly , and that they and all other persons having Interest , attend this Convention of Estates , under the pains contained in Our Laws made thereanent . And that all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby Command Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , to make timeous Proclamation hereof at the Market Cross of Edinburgh , and at the Market Crosses of the Head Burghs in the several Shires of that Our Kingdom . Given at Our Court at Whitehall , the twenty third day of May , 1678. and of Our Reign the thirtieth Year . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1678. 
B02114	----	The kings majesties proclamation, for calling of his Parliament in Scotland. Scotland. Sovereign (1649-1685 : Charles II). This text is an enriched version of the TCP digital transcription B02114 of text R171273 in the English Short Title Catalog (Wing C3324). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B02114 Wing C3324 ESTC R171273 52612085 ocm 52612085 179368 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02114) Transcribed from: (Early English Books Online ; image set 179368) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2786:29) The kings majesties proclamation, for calling of his Parliament in Scotland. Scotland. Sovereign (1649-1685 : Charles II). Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Printed by Evan Tyler, printer to the Kings most excellent Majesty, Edinburgh : 1660. Caption title. Royal arms at head of text; initial letter. Dated at end: Given at Whitehall the tenth day of October, and in the twelfth year of Our Reign, 1660. Also includes: The list of persons entrusted by his Majesty, for conveening the shires to make election of the Commissioners to the Parliament. Reproduction of the original in the National Library of Scotland. eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. B02114 R171273 (Wing C3324). civilwar no The Kings Majesties proclamation, for calling of his Parliament in Scotland. England and Wales. Sovereign 1660 831 2 0 0 0 0 0 24 C The rate of 24 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-03 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 John Pas Sampled and proofread 2008-06 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion The Kings Majesties PROCLAMATION For calling of His PARLIAMENT in SCOTLAND . CHARLES R. CHARLES by the grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , To all , and sundry , whom these do , or may concern , greeting . The confusions and troubles , by which Our good Subjects of this Our ancient Kingdom of Scotland , have these late years been deprived of that Peace and Happiness , they justly might have expected , in the administration of Our Royal Government among them ; being now by the special blessing of Almighty GOD , happily removed : We have thought fit to let them know , That We still retain the same tenderness and good affection towards them : And as We will chearfully interpose Our Authority , in what may be for their good and welfare , and for securing the just Priviledges and Liberties of Our People ; So We do expect from them , those dutifull returns of Obedience and Subjection to Our Person and Authority , which are suteable to their obligations and the duty of Loyal Subjects . And , conceiving that a Parliament , in its right constitution , will , at this time , be a ready mean for establishing a firm Peace to Our People , and for settling all Religious and Civill , all publick and private Interests . We have therefore thought fit to call a Meeting of Our Estates of Parliament , to be kept at Edinburgh upon the twelfth day of December , next to come . Our will is herefore , and We charge and command Our Heraulds , Pursevants and Messengers of Armes , to passe and make publication hereof at the Mercat Crosses of Our Royal Burroughs ; And in Our Name and Authority , to warne all Our Nobility by themselves , and the Heritors of Shires ( according as after publication hereof , they shall receive advertisement fra the persons contained in the List hereunto subjoyned ) and Our Royall Burroughs to meet ; and according to the Laws of Our Kingdom , to make choice of fit persons to be their Commissioners to this ensuing Parliament ; and that Our Nobility , Commissioners of Shires and Burroughs , and all others having interest , do precisly keep this Meeting of Our Parliament , under the paines prescribed by Our Laws thereanent . Given at Whitehall the tenth day of October , and in the twelfth year of Our Reign , 1660. Record . A. PRIMEROSE , Cls. Reg. By His Majesties Command , LAVDERDAILE . The LIST of the Persons entrusted by his Majesty , for Conveening the Shires to make election of the Commisioners to the Parliament . Sir Hary Home , for the Sheriffdom of Berwick ; Sir Peter Wedderburn , for the Sheriffdom of Haddington● Sir James Foules , for the Sheriffdom of Edinburgh ; William Murray of Stanehop , for the Sheriffdom of Peible● Robert Ker of Garden , for the Sheriffdom of Roxburgh ; Thomas Scot of Whitslaid , for the Sheriffdom of Selkirk ; Sir William Dowglas of Kelhead , for the Sheriffdom of Dumfreiz ; Hay younger of Park , for the Sheriffdom of Wigtoun ; Sir James Lockhart of Lie , for the Sheriffdom of Lanerick ; Naper of Kilmahew , for the Sheriftdom of Dumbarton ; Sir George Kinnaird of Rossie , for the Sheriffdom of Pearth ; Campbell of Achenbreck for the Sheriffdom of Argyl ; Montgomery of Hasled , for the Sheriffdom of Air ; Sir Arcbibald Stewart of Blackball , for the Sheriffdom of Renfrew ; John Murray of Polmais , for the Sheriffdom of Stirline ; David Bruce of Clackmanan , for the Sheriffdom of Clackmanan ; Sir Archibald Stirling of Carden , for the Sheriffdom of Linlithgow ; William Scot of Ardross , for the Sheriffdom of Fysw ; Halyburtoun of Pitcur , for the Sheriffdom of Forfar ; David Ramsay of Balmayn , for the Sheriffdom of Kincardin ; Sir Alexander Fraser of Philorth , for the Sheriffdom of Aberdeen , Sir Alexander Abercrombie of Brokenbou , for the Sheriffdom , of Bamff ; Mckenzie of Pluscarden , for the Sheriffdom of Elgin ; The Laird of Moynes , for the Sheriffdom of Nairn ; Sir Vrwhart of Cromerty , for the Sheriffdom of Innerness ; Sir George Mckenzie of Tarbet , for the Sheriffdom of Ross ; Sir Robert Gordon of Embo , for the Sheriffdom of Sutherland ; Sir James Sinclar of Murkle , for the Sheriffdom of Caithness ; George Smith of Rapness , for the Sheriffdom of Orknay ; Sir James Stewart of Bute , for the Sheriffdom of Bute . A. PRIMEROSE , Cls. Reg. GOD SAVE THE KING . EDINBURGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty . 
B02115	----	A proclamation, for dissolving the Parliament Scotland. Sovereign (1649-1685 : Charles II) 1674 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B02115 Wing C3332 ESTC R233124 52612087 ocm 52612087 179369 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02115) Transcribed from: (Early English Books Online ; image set 179369) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2786:30) A proclamation, for dissolving the Parliament Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. Scotland. Privy Council. 1 sheet ([1] p.) Printed by Andrew Anderson, Printer to the King's most excellent Majesty, Edinburgh : Anno Dom. 1674. Caption title. Royal arms at head of text; initial letter. Dated at end: Given under Our Signet at Whitehall, the nineteenth day of May, one thousand six hundred seventy and four years, and of Our Reign the six and twentieth year. Signed: Al. Gibson, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-03 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 Mona Logarbo Sampled and proofread 2008-05 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion CR royal blazon or coat of arms A PROCLAMATION , for dissolving the Parliament . CHARLES , by the grace of GOD , King of Great Brittain , France , and Ireland , Defender of the faith : To Our Lyon King at Armes , and his Brethren Heraulds , Macers , Pursevants , Messengers at Armes , our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as upon divers good considerations , relating to Our service , and the good of Our subjects : We did call the Parliament of this Our ancient Kingdom of Scotland , and did authorize Our right trusty , and right intirely beloved Cousine and Councellor , the Duke of Landerdale , to be Our Commissioner during the whole currency thereof , which though the exigency of Our affairs , hath been continued beyond our first intention : We being necessarily ingaged in a war with the States of the Vnited Neitherlands . And by the last Act of the last Session of that Parliament , bearing date , the third day of March last ; Our said Parliament was by Vs declared current , and adjourned to the fourteenth of October next ; The peace betwixt Vs and the Vnited Provinces not being then perfected ; and that peace being now brought to its full effect , and seing the present condition of Our affairs doth not require , that Our good Subject should be any longer burthened , with attendance in this Parliament , We have resolve to dissolve the same : Likeas , We , with advice of Our Privy Council , do hereby dissolve the present current Parliament of this Our Kingdom , and do declare the same to be dissolved . Our will is herefor , and We charge you straitly , and commands , that incontinent these Our letters seen ye passe to the Mercat Crosse of Edinburgh , and other places needfull , and thereat , in Our Name and Authority , by oppen Proclamation , make publication of Our dissolving the present current Parliament of this Our Kingdom , and that the same is dissolved , that all Our Leiges may have due and timeous notice thereof . The which to do , We commit to you conjunctly and severally , Our full power , by these Our letters , delivering them by you duly execute , and endorsat again to the bearer . Given under Our Signet at VVhitehall , the ninteenth day of May , one thousand six hundred seventy and four years , and of Our reign the six and twentieth year . Al. Gibson , Cl. S ti Concilii . God save the King. EDINBVRGH , Printed by Andrew Anderson , Printed to the King 's most Excellent MAJESTY . Anno Dom. 1674. 
B02123	----	Proclamation for the Convention of Estates Scotland. Sovereign (1649-1685 : Charles II) 1666 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B02123 Wing C3462 ESTC R171281 52612094 ocm 52612094 179375 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02123) Transcribed from: (Early English Books Online ; image set 179375) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2786:36) Proclamation for the Convention of Estates Scotland. Sovereign (1649-1685 : Charles II) Charles II, King of England, 1630-1685. Scotland. Convention of Estates. 1 sheet ([1] p.) Printed by Evan Tyler, printer to the Kings most Excellent Majesty, Edinbvrgh : 1666. Caption title. Royal arms at head of text; initial letter. Printed in black letter. Dated at end: Given at Our Court at Whitehall, the twenty fifth of October, one thousand six hundred and sixty six, and of Our Reign the eighteenth year. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Convention of Estates. Anglo-Dutch War, 1664-1667 -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-07 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 Mona Logarbo Sampled and proofread 2008-09 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms PROCLAMATION For the CONVENTION of ESTATES . CHARLES , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith , &c. To all and sundry Our good Subjects Whom these presents do or may concern , Greeting . The great care We have of the honour and safety of that Our ancient Kingdom , moved Vs some moneths ago to give Order for the raising of such Forces , both Horse and Foot , as We conceived necessary to prevent a sudden Invasion ; And seing that just and necessary War in which We are engaged doth still continue , We do think it necessary to keep up these Forces , for the defence of that Our Kingdom , as long as the present danger from Foreign Enemies remains . Therefore , to the end , the easiest and most regular way of their maintenance may be agreed upon , We have thought fit to call a Convention of the Estates of that Our ancient Kingdom , to meet at Edinburgh upon the ninth day of January next to come ; And do hereby require and command all Archbishops , Dukes , Marquesses , Earls , Viscounts , Bishops , Lords and Officers of State of that Our Kingdom , to be present and attend that Dyet ; And also We do require all Our Sheriffs in the several Shires and their Deputies , that if there be any new Elections made for this year of Commissioners to Parliaments or Conventions , they make timous intimation to those Commissioners to keep this Meeting : but if there be no Elections already made , that then they forthwith call and conveen all the Free-holders in the respective Shires , that according to the Laws and Acts of Parliament , Elections may be made of fit persons to be Commissioners for this Convention , and that Our Royal Burroughs make choice of Commissioners accordingly , and that they , and all other persons having interest , attend this Convention of Our Estates , under the pains contained in Our Laws made thereanent . And that all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby command Our Lyon King at Armes , and his Brethren Heraulds , Macers , Pursevants and Messengers at Armes , to make timous Proclamation hereof at the Mercat-cross of Edinburgh , and at the Mercat-crosses of the head Burroughs in the several Shires of that Our Kingdom . Given at Our Court at Whitehall , the twenty fifth of October , one thousand six hundred and sixty six , and of Our Reign the eighteenth year . EDINBVRGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , 1666. 
B02129	----	The Kings Majesties speach [sic], to the Parliament; conveaned at Perth, the 25 of November, Charles II, King of England, 1630-1685. This text is an enriched version of the TCP digital transcription B02129 of text R175756 in the English Short Title Catalog (Wing C3607A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B02129 Wing C3607A ESTC R175756 52528761 ocm 52528761 178727 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02129) Transcribed from: (Early English Books Online ; image set 178727) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2768:16) The Kings Majesties speach [sic], to the Parliament; conveaned at Perth, the 25 of November, Charles II, King of England, 1630-1685. 1 sheet ([1] p.) by J. Brown, [Aberdeen : 1650?] Caption title. Imprint suggested by Wing. Imperfect: creased with some loss of text. Reproduction of the original in the National Library of Scotland. eng Charles -- II, -- King of England, -- 1630-1685 -- Early works to 1800. Scotland -- History -- 1649-1660 -- Sources. Broadsides -- Scotland -- 17th century. B02129 R175756 (Wing C3607A). civilwar no The Kings Majesties speach [sic], to the Parliament; : conveaned at Perth, the 25 of November, Charles II, King of England 1650 373 1 0 0 0 0 0 27 C The rate of 27 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion The Kings Majesties Speach , To the Parliament ; Conveaned at Perth , The 25 of November , 1650. My Lords , and Gentlemen ; IT hath pleased him , who ruleth the , Nations & in whose hands are the hearts of Kings ; by a verie singular Providence , to bring mee thorow a great many Difficulties , unto this my ancient Kingdom : And to this place , where I may haue your , Advyce , in the great Matters , that concern the Glory of GOD , and the Establishment of my Throne ; and that relate to the Generall Good , and Common Happiness of these three Covenanted Kingdoms ; over which hee hath set mee . And truely , I can not express the hight 〈◊〉 that Joy , wherewith ●ee hath filled my Soull , from this singular . Experiment of his kyndness , non how strong and servent desyres , hee hath created in mee to evidence , my thankfulness , by studying to reygn for him and with an humble & just subordination to him ; That which increasseth my hope and confidence , that hee will yet continue to deall gratiously with mee is ; That hee hath moved mee to enter in Covenant with his people , ( a favour which no other king can clame to ; ) And that hee hath inclyned mee to a resolution by his assistance , to liue and die with my people , in the defence of it . This is my Resolution , J profess it before GOD and you : And in testimony hereof , J desyre to renew it in Your presence ; And if it please GOD to lengthen my days , J hope my actions shall demonstate it : But J shall leaue the enlargement of this ; And what so der J should say to my Lord Chanceller ; whom J have commanded , to speak to You at greater length : And lykewyse , to inform You of my sence : Not only of the folly , but the sinfulness of my way-going from this place , and the Reasons of it . GOD SAUE THE KING 
B02303	----	At a meeting of the Council-general of the Company of Scotland, trading to Africa and the Indies. Holden at Edinburgh, the 5th day of September, 1698. Company of Scotland Trading to Africa and the Indies. 1698 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B02303 Wing C5589A ESTC R174190 52614576 ocm 52614576 175806 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02303) Transcribed from: (Early English Books Online ; image set 175806) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2751:25) At a meeting of the Council-general of the Company of Scotland, trading to Africa and the Indies. Holden at Edinburgh, the 5th day of September, 1698. Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1698] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trading companies -- Scotland -- 17th century -- Sources. Scotland -- Commerce -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 John Pas Sampled and proofread 2008-08 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion At a Meeting of the Council-General of the Company of Scotland , Trading to Africa and the Indies . Holden at Edinburgh , the 5th Day of September , 1698. UPON a Representation , made from the Court of Directors in Writing , Containing an Abstract of the present State of the Company 's Affairs ; And giving also their Opinion , what they thought necessary to be done by the Company at this Juncture : The said Representation was Read over , Article by Article . Upon due Consideration whereof . RESOLVED ( Nemine Contradicente ) That the needful Preparations be made for a Supply of Provisions , and other Necessaries to be sent to the Company 's intended Colony , upon the first account that shall be had of their Landing and Setlement . RESOLVED ( Nemine Contradicente ) That the further proportion of Seven Pounds Ten shillings sterl . of every Hundred Pounds Subscribed for , in the Company 's Books , shall be called in from the Respective Subscribers , or present Proprietors of the Company 's Stock ; The one half thereof to be payed on the First Day of November next , And giving Bonds at the same time , to pay the other half at Candlemass thereafter : Certifying all such Persons , as shall happen to fail in performing as aforesaid , before the First Day of December next ; That their Respective Shares shall either be Rouped , Pursuant to the Constitutions , or that they shall be otherwayes proceeded against upon their Subscriptions , as the Council-General shall think fit to Direct . RESOLVED ( Nemine Contradicente ) That for the Encouragement of ready payment , And to the end , that all the Proprietors may as near as possible , be put upon an equal footing , with respect to their Payments , the same being at different times , that all such Persons as have payed in the first Fourth Part of their Subscriptions before or upon the First Day of June 1696. shall have Interest for the same , from the First of June asoresaid , to the first of August last past : And all those that have payed in the first Fourth Part of their Subscriptions after the said First of June , shall have Interest for the same from the Respective Days of their several Payments to the said First of August , and all to be deducted out of the first Moiety of the Seven Pounds Ten shillings sterl . per cent . abovementioned : And that all such Persons , as have not as yet payed in the first Fourth Part of their Respective Subscriptions , shall be Lyable to pay Interest for the same , from the said First Day of August last . ORDERED , That the said several Resolutions be forthwith Printed and Published in the usual manner , for Information of all Persons concern'd , to the end that none may pretend Ignorance . ANNANDALE J. P. C. G. 
B02305	----	At Edinburgh, the 9th day of July, 1696. The Court of Directors of The Company of Scotland Trading to Africa and the Indies ... Company of Scotland Trading to Africa and the Indies. 1696 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B02305 Wing C5592B ESTC R174191 52614578 ocm 52614578 175807 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B02305) Transcribed from: (Early English Books Online ; image set 175807) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2751:26) At Edinburgh, the 9th day of July, 1696. The Court of Directors of The Company of Scotland Trading to Africa and the Indies ... Company of Scotland Trading to Africa and the Indies. 1 sheet ([1] p.) s.n., [Edinburgh : 1696] Title from caption and first line of text. Initial letter. Place and date of publication suggested by Wing (2nd ed.). Signed at end: Rod. Mackenzie, Secrty. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Trading companies -- Scotland -- 17th century -- Sources. Scotland -- Commerce -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 John Pas Sampled and proofread 2008-08 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion AT EDINBURGH , The 9 th Day of July , 1696. THE COURT OF DIRECTORS of The Company of SCOTLAND Trading to AFRICA and the INDIES , Finding that the nature and course of their Trade , will always Require considerable Sums of Money to be in their Demand ; And considering how profitable , easie and convenient it will be to the Proprietors of the Joynt-Stock , as well as beneficial to the Trade , Credit and Improvements of the said COMPANY , to have the greatest part of the Money Advanced by the Proprietors thereof , to be unto them a quick and living Stock , and always at Command ; The said COURT OF DIRECTORS do hereby Resolve , Agree and Declare , That the several Proprietors of the said Joynt-Stock , upon their Respective Bills or other Obligations payable in Three Months , shall always have Credit upon their respective Stocks in the said COMPANY , for any Sum not exceeding Two third Parts of the Money severally pay'd in by them , paying only for the same an Interest at the rate of Four per Cent. per Annum : And such Sums may be Repay'd to the COMPANY , in part , or in whole ; and the Interest thereof , shall only be reckon'd for the Days that such Sums , or Parts thereof shall happen to remain Unpay'd , and for no longer time . Published by Order of COVRT , ROD. MACKENZIE , Sect ry 
B04295	----	The last offers of the noblemen and gentlemen now in armes for the Covenant, to the Earls of Craford Glencairn and Lanerk, George Munro and others joyned with them in the late unlawfull engagement against the kingdome of England. This text is an enriched version of the TCP digital transcription B04295 of text R179659 in the English Short Title Catalog (Wing L498B). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B04295 Wing L498B ESTC R179659 52211861 ocm 52211861 175714 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04295) Transcribed from: (Early English Books Online ; image set 175714) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2747:15) The last offers of the noblemen and gentlemen now in armes for the Covenant, to the Earls of Craford Glencairn and Lanerk, George Munro and others joyned with them in the late unlawfull engagement against the kingdome of England. Henderson, Thomas, fl. 1649. 1 sheet ([1] p.) Printed by Evan Tyler Printer to the Kings most excellent Majestie, [Edinburgh] : 1648. Caption title. Initial letter. Dated and signed at end: Woodside 16th September 1648. Signed by command of the Commissioners for the Treatie. Tho: Henderson. Reproduction of the original in the National Library of Scotland. eng Glencairn, William Cunningham, -- Earl of, 1610?-1664. Crawford-Lindsay, John Lindsay, -- Earl of, 1596-1678. Hamilton, James Hamilton, -- Duke of, 1606-1649. Scotland -- History -- 1625-1649 -- Early works to 1800. Scotland -- Politics and government -- 1625-1649 -- Early works to 1800. Broadsides -- Scotland -- 17th century. B04295 R179659 (Wing L498B). civilwar no The last offers of the noblemen and gentlemen now in armes for the Covenant, : to the Earls of Craford Glencairn and Lanerk, George Munro an [no entry] 1648 654 1 0 0 0 0 0 15 C The rate of 15 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2008-04 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion THE LAST OFFERS OF THE NOBLEMEN and GENTLEMEN NOW IN ARMES FOR THE COVENANT , To the Earls of Craford Glencairn and Lanerk , George Munro and others joyned with them in the late unlawfull engagement against the Kingdome of England . VVEe have seriously considered the sad and deplorable condition , to which this Kingdome is now brought , by your proceedings and actions in pursuance of the late engagement , against our neighbour Nation of England , with whom Wee are joyned in Covenant , and the fearfull desolation that is like lie further to come upon it , by the return of a part of that Armie which invaded England ; And after severall debates and conferences with your Lordships , these severall dayes by past , both by word and writing , Wee do find the state of the the difference betwixt your Lordships and us to be this . That which hinders agreement upon our part , is the point of conscience , forbidding us to do any thing , which may inferre an accession to the late engagement , the desire wee have to keep the Covenant and Treaties , and not break the Union betwixt the Kingdomes , and to avoid a quarrell with England , which may destroy this Kingdome and entayle a warre upon us and our posteritie , and to prevent the exposing of the cause and Kingdome to the same dangers under which they now lie , from which grounds Wee cannot part ; Whereas the Arti●les on your part , which hinder agreement , are such , from which your Lordships may easilie recede . Wee have verie much endeavoured in our last paper to give your Lordships all just and reasonable satisfaction ; Yet that it may further appear how desirous Wee are to prevent an Intestine Warre , and to have the peace of the Kingdome setled , Wee offer unto your Lordships these Articles following to be agreed on . I. That for easing the Burdens of the Kingdome , and to prevent famine and desolation , all forces on both sides whither in the field or in the Garisons of Berwick and Carlile , or the Garisons within the Kingdome be disbanded betwixt the 25th day of this instant moneth of September . II. That the secureing and setling of Religion at home , and the promoteing the work of Reformation abroad in England and Ireland , be referred to the determination of the Generall Assemblie or their Commissioners , and that all Civill questions and differences whatsoever be referred to the determination of a Parliament to be speedilie called . III. To prevent the imminent dangers to Religion and a quarrell with our neighbour Nation in the mean time , untill the meeting of a Parliament ( which cannot be done without a Treatie betwixt the Kingdomes ) That all of your number who have been employed in publick place or trust , shall forbear the exercise thereof , and not come to the Committee of Estates , to the end there may be a Committee of Estates consisting of such members as are free of the late engagement , & against whom England may not have this exception , That such have the manageing of the affairs of this Kingdome as they esteem their Enemies , and with whom they cannot treat . And if your Lordships shall out of love to this almost ruined Kingdome yeild to those our just desires , Wee are verie confident that the peace this Kingdome shall be setled , the union betwixt the Kingdomes continued , and all quarrells prevented . Signed by command of the Commissioners for the Treatie . M. Tho. Henderson . Woodside 16. September . 1648. Printed by Evan Tyler Printer to the Kings most Excellent Majestie . 1648. 
A68707	----	A large declaration concerning the late tumults in Scotland, from their first originalls together with a particular deduction of the seditious practices of the prime leaders of the Covenanters: collected out of their owne foule acts and writings: by which it doth plainly appeare, that religion was onely pretended by those leaders, but nothing lesse intended by them. By the King. Balcanquhall, Walter, 1586?-1645. 1639 Approx. 1058 KB of XML-encoded text transcribed from 223 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2005-03 (EEBO-TCP Phase 1). A68707 STC 21906 ESTC S116832 99852048 99852048 17348 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A68707) Transcribed from: (Early English Books Online ; image set 17348) Images scanned from microfilm: (Early English books, 1475-1640 ; 1219:7, 1431:1) A large declaration concerning the late tumults in Scotland, from their first originalls together with a particular deduction of the seditious practices of the prime leaders of the Covenanters: collected out of their owne foule acts and writings: by which it doth plainly appeare, that religion was onely pretended by those leaders, but nothing lesse intended by them. By the King. Balcanquhall, Walter, 1586?-1645. Charles I, King of England, 1600-1649. [4], 430, [2] p. : port. (metal cut) Printed by Robert Young, His Majesties printer for Scotland, London : anno Dom. M.DC.XXXIX. [1639] Written by Walter Balcanquhall for Charles I. With a final colophon leaf. With a marginal note on p. 41. Variant 1: lacking this note. Variant 2: lacking the comma after "Scotland" in title. Identified as STC 21906a on UMI microfilm reel 1431. Reproductions of the originals in the University of Chicago. Library and Cambridge University Library. Appears at reel 1219 (University of Chicago. Library copy) and at reel 1431 (Cambridge University Library copy). Reel 1219: lacking frontis; beginning - p. 5 of Newberry Library copy spliced at end. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Early works to 1800. Scotland -- History -- Charles I, 1625-1649 -- Early works to 1800. 2004-09 TCP Assigned for keying and markup 2004-11 SPi Global Keyed and coded from ProQuest page images 2004-12 Emma (Leeson) Huber Sampled and proofread 2004-12 Emma (Leeson) Huber Text and markup reviewed and edited 2005-01 pfs Batch review (QC) and XML conversion A LARGE DECLARATION CONCERNING THE LATE TUMULTS IN SCOTLAND , FROM Their first originalls : TOGETHER WITH A PARTICULAR DEDUCTION Of the seditious Practices of the prime Leaders of the Covenanters : COLLECTED OUT OF THEIR OWNE foule Acts and Writings : By which it doth plainly appeare , that Religion was onely pretended by those Leaders , but nothing lesse intended by them . By the King. LONDON , Printed by ROBERT YOUNG , His Majesties Printer for Scotland , Anno Dom. M.DC.XXXIX . By the King. THough by Our manie Proclamations and Declarations , some whereof are printed , and others were made by word of mouth ▪ by Our high Commissioner the Lord Marquesse of Hamiltoun , during the time of his late imployment in Scotland ; it doth fully appear to all men , whose mindes are not distasted with Justice and Government , what Our religious care , Princely clemencie , and unparalleled patience have been for the setling of the late troubles in that Our ancient and native Kingdome of Scotland , and for the composing of that State , so much of late discomposed and disjointed by the seditious practices of divers impatient of all lawes and government : Yet for the further and full satisfaction of all our true hearted and loyall subjects in all Our Kingdomes , and for the manifestation of Our Justice and Pietie in Our late proceedings to all abroad , especially to those who with Us adhere to the Religion Reformed : We have thought good by way of an Historicall Deduction to set downe the true passages of all this businesse , that the world may , as it were under one view and aspect , behold Our gracious and clement comportment towards Our subjects of that Kingdome , and the depraved and froward deportment of many of them towards Us their liege Lord and Soveraigne : Not doubting , but that whosoever shall goe along by the threed of this Our unquestionable Narration , will rest fully satisfied in these three points . First , That the first contrivers , and since pursuers of their late wicked Covenant , or pretended holy League ( a name which all good men did abhorre in them of France ) though following the patterne of all other seditions , they did and doe pretend Religion , yet nothing was or is lesse intended by them ; but that they having received from Us full satisfaction to all their desires , expressed in any of their Petitions , Remonstrances , or Declarations , yet their persisting in their tumultuous and rebellious courses , doth demonstrate to the world their wearinesse of being governed by Us and Our Lawes , by Our Councell and other officers put in authoritie by and under Us , and an itching humour of having that Our Kingdome governed by a Table of their owne devising , consisting of persons of their own chusing : A plot of which they are very fond , being an abortion of their owne braine , but which indeed is such a monstrous birth , as the like hath not yet beene born or bred in any Kingdome Jewish , Christian , or Pagan . Secondly , That Our promises expressed in Our severall Proclamations and Declarations to Our people , were not ( as the wicked contrivers of that Covenant have ever gone about to make Our subjects beleeve ) onely verball , but sincere and reall , and such as Wee doe professe to the whole world in the word of a just and true Prince , We doe resolve to make good to all Our subjects of that Our Kingdome : As holding it beneath the greatnesse and goodnesse of a just King , that the unjust actions of his subjects should occasion in their Soveraigne the least suspicion of breach of promises made by him to them , especially when the performance of them shall conduce to the settling of Religion and Peace . Thirdly , That these men who give themselves out to be the onely Reformers of Religion , have taken such a course to undermine and blow up the Religion Reformed , by the scandall of Rebellion and Disobedience , which , so farre as in them lyeth , they have gone about to cast upon it , that if the Conclave of Rome , the severall Colleges or Congregations perpetually sitting at Rome for contriving and effecting the meanes of reducing to the Roman obedience all those Kingdomes and Provinces which have justly departed from them , nay , and if with both these all the Jesuites and others the most specially combined and sworn enemies to our profession , were all assembled in one place , and had all their wits and devices concentrated into one conclusion and resolution ; they could hardly have fallen upon such a way , as these pretended Reformers have fallen upon , for turning all men out of the pathes of the Reformed Religion , or have setled upon such courses , which can bespeake no other event , but the undoubted overthrow of it , at least in that Kingdome , unlesse God himselfe from heaven ( which We hope ) shall have all their Cobweb contextures in derision : For by their particular proceedings , truely set downe in this Our Narration , it will plainely appeare , that their Maximes are the same with the Jesuites , their Preachers Sermons have been delivered in the very phrase and stile of Becanus , Scippius , and Eudaemon Johannes , their poore Arguments , which they have delivered in their seditious Pamphlets printed or written , are taken almost verbatim out of Bellarmine and Suarez , as appeareth to Us by Our Royall Father his Monitorie Preface to all Christian Kings and Princes , and his Apologie for the Oath of Allegeance , and in the Bookes writ by others in defence of them both ; in all which these arguments are fully answered : And that the meanes which they have used to induce a credit of their conclusions with their Proselytes , are purely and meerly Jesuiticall fables , false reports , false prophesies , pretended inspirations and divinations of the weaker sexe ; as if now Herod and Pilate were once againe reconciled for the ruine of Christ , and his true Religion and Worship . Now , if these three particulars by this historicall Relation shall undoubtedly appeare to the unprejudicate Readers , whether Our Subjects or Forreiners , then We shall little doubt to gaine from them their assent to these Our two just desires . First , That these proceedings of some of Our subjects ( whom , though they would be accounted the purest Protestants , yet by their wicked Protestations , you will finde to be the most froward and perverse Protesters that ever did contest with their Soveraigne and his Lawes ) may not induce an undeserved scandall upon that Religion which We professe : For since their conclusions are quite contrary to the Confessions of the severall reformed Churches , in their particular Articles both of the Church and of the civill Magistrate , as appeareth by the Helvetian , French , Belgick , Polonian , Argentine , Palatine , Genevian , Our English and Irish , nay , and their owne Scotish positive Confession , printed amongst the Acts of Parliament of that Our Kingdome ; and besides , the Augustane and all other particular Protestant Confessions of the Lutherans : And all the weapons wherewith they now fight against these Protestant conclusions , are stollen or borrowed , not onely out of the Romane ( for many of the Romanists fight with Us against them ) but out of the most rigid Jesuites Magazins , why should they not in this quarrell be accounted not as Our friends , but as Our foes ; not Protestants , but the most rigid of Papists , Jesuites ? and so being without in this point , not bring any scandal upon Us who are within ; especially considering that though these men have gone about to wound the Reformed Religion through Our sides , and by opposing Us whom God hath honoured with this speciall favour ( for no lesse We accompt it ) of being the chief Prince whom he hath made choice of for the Protector and Defender of it : Though , We say , these men have done what they can to weaken this our Religion , by striking at the authoritie of the principall prop and stay of it upon earth under God ; yet We , by the grace of God , are fully resolved to wipe away that aspersion , and remove that scandall from Our Profession and Religion , by Our constant not onely adherence to it , but maintenance and defence of it , with the uttermost of that power which God hath put in Our hands , notwithstanding all those scandals which these men by their wicked practices and worse positions have laid upon it . Secondly , We hope that all men will do Us so much right , as to beleeve , that whatsoever course We shall hereafter take for the Asserting of the Reformed Religion , and repressing the insolencies of such of Our subjects as doe oppose it and Us in the just and undoubted right of Our Regalitie , while they pretend Religion , shall not be thought to be by way of a warre , but by way of a Prince the Father of his Country his chastising his unruly children , which is never in anger , but in love , and for their good . And if by their stubbornnesse they shall force Us to a severitie unpleasing to Us , and unwelcome to them , We call Him by whom We reigne to witnesse , and heaven and earth and all the world to record , that they with their owne hands doe unsheath Our just sword , which Wee cannot but use as the Minister of God , unlesse We will betray that trust which the King of Kings hath reposed in Us for the maintenance of Religion and Justice amongst all His people whom He hath committed to Our charge : And if God will have it so , that for their resisting Him and Us ▪ His Anointed servant and their Soveraigne , He will have some of their bad bloud shed , We shall ever make accompt that that bloud is let out of Our owne veines ▪ nor shall We draw any drop of it in any other case , then a faithfull Physician will and must doe for the preservation of the whole body . THat Religion is onely pretended and used by them as a cloak to palliate their intended Rebellion , is demonstrative by this , That the seeds of this Sedition were sowen by the plotters of their Covenant , made under the pretence of Religion , long before any of the grievances or pretended innovations in Religion complained of by them , were ever heard of amongst them . For the truth is , that some yeares after Our comming to the Crowne , by the advice both of some of Our principall Councellors and Officers of State there , as also by the advice of Our learnedest Advocates and Counsellers at law , according to the example of many of Our Royall Progenitors of happie memorie , Kings and Queens of that Our Kingdome , We did make a legall revocation of such things as had beene passed away in prejudice of the Crowne , especially by some of Our late Royall Progenitors in their minorities ; a course warranted by the lawes and many yeares practice of that Our Kingdome : With this course , some of the principall contrivers of this their present Covenant found themselves much aggrieved , and much of their estates brought within the compasse and danger of Our lawes , which made them presently begin to grumble and repine , and privately , as much as they durst , and as in them lay , to worke underhand in Our subjects mindes a distaste of Our government : Which Wee made accompt Wee had quickly rectified , by shewing to all Our subjects interessed in that Revocation , Our gracious clemencie in waiving all the advantages which Our lawes gave Us in many of their estates : So that after We had made it apparent to Our subjects , how obnoxious many of them and their estates were unto Us and Our lawes , We likewise did make as apparent unto them , Our singular grace and goodnesse by remitting not onely the rigour , but even the equitie of Our lawes ; insomuch that none of all Our subjects could then , or can now say that they were damnified in their persons or estates by that our Revocation , or any thing which ensued upon it : Yet for all this , the principall present malecontents did then begin to perswade with such as they thought they might be boldest with , a disaffection to Our government : And not seeing how they could easily obtrude upon them , the old and usuall pretence of discontent , viz. Religion , by a strained and farre-fetched inference they did not sticke to lay the envie of the procuring that harmelesse Revocation , by which no man suffered , upon the present Prelates , who in this were as innocent as the thing it selfe was : Onely because they hoped that the very name of Church-men or Religious persons , should in the point of faction have that operation with their followers , which they conceived the Church or Religion it selfe might have had , if they could have seene how to have perswaded them , that by this Revocation either of them had beene endangered . A second symptome of their discontent appeared not long after this , upon this occasion : Wee having daily heard the grievous complaints of many of Our subjects of that Kingdome of all sorts , especially of the Gentrie and their Farmers , who paid their tythes to the Nobilitie , or such others whom they in that Kingdome call Lords of the Erection , or Laicke Patrons , here in England we call Impropriators , how that in the leading or gathering of their tythes , these Lords and Laicke Patrons did use and practise the uttermost of that severitie which the law alloweth them , how they would not gather their tythes when the owners of the corne desired them , but when it pleased themselves ; by which meanes the owners , by the unseasonablenesse of the weather , were manie times damnified to the losse of their whole stocke , or most part of it ( the law of that Kingdome being in that point so strict , as no owner may carrie away his nine parts , or any part of them , untill the proprietarie of the tythes have set out his tenth part : ) As likewise understanding at the same time , the deplorable estate of the Ministers of that Our Kingdome in the point of maintenance , how that they received no tythes in their parishes , but some poore pittance , either by way of a stipendiarie benevolence , or else some mean allowance from these Lords of Erections or Laick Patrons , unworthie of the Ministers of the Gospel , and which exposed them to all manner of contempt and a base dependance upon their Patrons : Wee , at the instance and humble petition not of a few , but of the whole Clergie , and with them , of the whole payers of tythes of that Kingdome , begun to take three things into Our serious consideration . First , the wretched estate of the Clergie for want of maintenance : Next , the hard usage and great oppression of all the Laitie that payed tythes , from the owners of them : Thirdly , a very important point of State , vizt . That it was not fit , that such a considerable part of Our subjects , as all the Ministers who have power over the consciences of the rest , and all the payers of tythes who are the farre greatest part of the Kingdome , should have their dependance upon the Nobilitie or other Laicke Patrons , the one for their livelihood and maintenance , the other not onely for feare of having their cornes lost or endangered for not carrying them in due season , which was by the law in the power of these owners of the tythes , which power they were sure they would exercise upon them if they should at any time displease them , or not adhere to them upon all occasions good or bad ; But likewise because these Lords , owners of the tythes and also of Abbey lands , were likewise for the most part superiours to those who payed them , but were so altogether to those who held the Abbey lands of them by way of vassalidge , and so by their verie tenures were to performe all service and attendance to these Lords , their superiours , whensoever they should require it of them . Which important considerations moved Us , by the advice of the learnedest Lawyers there , to grant out a Commission under Our great Seale for that Kingdome , not to a few , but to divers hundreds , and those of the prime of all estates and degrees , ( out of which number the Lords of the Erections and Laicke Patrons were not omitted ) for relieving , if they should see cause , both the Ministers and owners of Corne , as also for taking into their consideration the point of superioritie and dependance . These Commissioners , after their sitting in great frequencie some yeares , and after full hearing of all parties interessed , and mature deliberation , did set a rate of the value of the tythes , ordered that the owners of the grounds should severally purchase them at so manie yeares purchase , as was then agreed upon by all both buyers and sellers , taking the same course for the rating of superiorities in regard of the Abbey lands , which was likewise accorded unto by all parties ; and ordered that every Ministers means should be augmented , in such a certaine proportion set down and accorded unto , as the Incumbent should not be inforced any more to be a slave to his Patron . With the conclusions and determinations of this Commission , called the Commission of Surrenders of Superiorities and Tythes , the owners of lands and the Ministers were indeed so really satisfied , that the former with all thankfulnesse acknowledged Us for their deliverer from an intolerable bondage , under which they and their Ancestors ever since the reformation of Religion had grievously groaned ; The latter with infinite expressions of joy and gratitude did celebrate Us as the very father and founder of their severall Churches : We gave Our Royall assent to all agreed upon in that Commission ▪ being glad that Our subjects were relieved , the maintenance of Our Clergie improved , and both Our Clergie and Laitie freed from a dangerous dependance upon subjects , and for that freedome obliged to a thankfull , heartie , and loyall dependance upon Us , to whom alone by all lawes of God and men it is due . The Nobilitie and other Lay Patrons seemed herewith likewise fully to rest satisfied ; and so indeed they were in point of profit , for , according to the rates of purchasing in that Our Kingdome , for their tythes they were satisfied to the uttermost farthing : But they fretted privately amongst themselves , for being robbed , as they conceived , of the clientele and dependance of the Clergie and Laitie , and of that power , command , and superioritie over them , which by that tye of tythes they had enjoyed : Yet , not being able to make Religion it selfe a faire pretence for this their discontent ( for who could imagine that everie man his gathering of his owne tythes , or the augmentation of Ministers maintenance , could be an affronting or weakening of Religion ? ) they had recourse to their former fetch , and not without bewraying much heart-burning , gave it out , that this Commission ( which indeed was obtained by the humble importunitie both of Clergie and Laitie ) was procured onely by the Bishops , who meant no good to Religion ; and so from an unnecessarie jealousie of their persons and power , they begun to pretend and suborne a necessarie jealousie of Religion it selfe . A third bewraying of their factious humour , appeared clearely at Our last being in that Our Kingdome , and immediately after Our departure from thence : For some sixe yeeres agoe , having a great desire to visite that Our native Kingdome , and being willing to cheere and comfort Our subjects there with Our presence , and honour them with Our personall Coronation , all which they did most humbly and heartily sollicite Us for by their earnest and affectionate supplications ; We undertooke a journey to them , and according to Our expectation were most joyfully received by them : But immediatly before , and at the sitting down of Our Parliament there , Wee quickly found that the very same persons who since were the contrivers of , and still continue the sticklers for their now pretended Covenant , begun to have secret meetings , and in their private consultations did vent their dislike of Our innocent Revocation , and Our most beneficiall Commission of Surrenders : But knowing that these two could gaine them no partie , then they begun to suggest great feares , that many and dangerous innovations of Religion were to be attempted in this present Parliament : Not that they themselves thought so , but because they knew that either that , or nothing would soyle with suspicious jealousie , or interrupt and relaxe the present joy and contentment which did overflowe in Our subjects hearts , and appeared in their heartie expressions for Our presence amongst them . But We readily confuted all these suspicious surmises ; for , except an Act which gave Us power to appoint such vestures for Churchmen which We should hold to be most decent , nothing concerning Religion was either propounded or passed in that Parliament , but that which everie King doth usually in that , and all other Christian Kingdomes , passe at their first Parliament , viz. An Act of ratification of all other Acts heretofore made , and then standing in force concerning the Religion presently professed and established , and concerning the Church her liberties and priviledges : Which Act being an Act of course , though it passed by most voices , yet was it disassented from , to Our great admiration , by the voices of many of those who are now the principall pillars of their Covenant ; which made all men then begin to suspect , that sure there was some great distemper of heat at the heart , when it boyled so over at their lips , by their unnecessarie and unprofitable denying of assent to the lawes , concerning the Religion and Church , already established ; This first Act passing more for forme and the honour of Religion , then for any use or necessitie of it , all the former Lawes still standing in force and vigour without the need of any new ratification . At this time many of Our subjects of greatest qualitie were suitors to Us for new Titles of Honour , Gentlemen to bee Lords , Lords to bee Earles : Impossible it was for Us to satisfie all suitors in that kinde , without the prostitution of Honour to a just and open contempt ; and therefore being put upon a choice and selection , We held it fitter in the point both of honour and justice , to passe by such as both privately in their secret meetings , and openly in the Parliament house , had shewed their disrepects to Us and Our just proceedings , then those who had carried themselves not only loyally and dutifully , but affectionately and heartily to Us and Our service . Upon this occasion many of those who were then passed by , and are now principall Covenanters , seeing others advanced to degrees of honour above themselves , begun then presently to mutter , but not to mutinie untill We were gone from thence . But scarsly were We well returned into England , when the discontent of these men resolved it selfe into a plaine sedition : For then they had the impudence to give it out , that voyces were bought and packed in the late Parliament ; nay , that the voyces were not truely numbred , but that some Acts were past without pluralitie of suffrages : A calumnie so foule and blacke , as that they themselves did know it to be most false : For had there beene the least suspicion of truth in it , they might have made tryall thereof , by surveying their owne papers , and the papers of many hundreds present , who took notes of the number of voyces which were given , either by assenting to , or disassenting from the severall Acts read and proposed ; by which papers if they had found but the weakest ground for this their strong , but false report , We have no reason to thinke that either their mercie or modestie was such , that they would have forborne the calling of the Clerke of Our Register in question for it ; it being as our Chancellors office to aske the voyces , so Our Clerke of Registers office to take them and record them , and according to his owne and his Clerkes notes who assist him , to pronounce the Act passed or stopt : In which it is impossible he should deale but with sinceritie , for else the notes taken by most of the Auditors , being a present and powerfull conviction of his false dealing , must presently transmit him to highest Censure and punishment . But knowing that in a publike and judiciall way they must needs faile in their proofe of this calumnie , they betook themselves to the secret and seditious way of malecontents : For first they used clancularie surmises , then they sent about from hand to hand a clandestine infamous Libell , and by it they impoysoned the hearts of many of Our good subjects with a suspicion of obliquitie in Our proceedings at the late Parliament : This infamous Libell comming to the knowledge of Our Privie Councell there , first they of themselves , then afterwards , having made Us acquainted with it , by Our commandement entred into an inquirie both of the authors and abetters of that seditious Libell ; Who found that the author upon whom it was shifted and fathered , was one Hagge , then , and still fugitive , but that the abetters , countenancers , and dispersers of it were many , and some of them of greatest qualitie , and now principall Covenanters : Wee , out of our innate and usuall clemencie , were graciously pleased ( that the feare and example might reach to all , but the punishment onely to one of them ) to passe by many , who undoubtedly had beene concluded and involved by Our Lawes in the same sentence , if Wee had proceeded against them , and to single out one of that ranke , who was most obliged to Us and Our Crowne , and therefore both for his ingratitude and crime , had no reason to expect any thing from Us but the justice of Our lawes . This one was the Lord Balmerino , his Father was principall Secretary of State for that Our Kingdome , to Our Father of happy memory , to whom he was beholden both for the honour of his Baronie , and for his whole fortune and estate which he got in his service : But he was since Our Royall Father his comming to the Crowne of England , arraigned for , and attainted of high Treason in Scotland , found guilty of it by his Peeres , and accordingly received sentence to be hanged drawne and quartered , his bloud tainted , his whole estate forfeited to the Crowne : Yet such was the gracious clemencie of Our Royall Father , that He , onely for a little time , continued this condemned and forfeited Lord in prison , afterward confined him , but to a large circuit , and then restored not onely the bloud of himselfe and his children , but also their honour and whole estate : Now this present Lord Balmerino , being so extraordinarily obliged to Our Royall Father and Our Crowne , for the life of his father , his owne honour and whole fortunes , and so being one from whom We , the sonne of that Royall and Gracious Father to him and his whole family , had no reason to expect perfidiousnesse and ingratitude , he could not have the least shew of reason to expect any favour from Us , but the favour of a faire and legall tryall , which We granted him : At that tryall and arraignment , he was by his Peeres found guilty of abetting and dispersing that infamous Libell made against Us , and accordingly was to receive sentence of death for it ; which Our chiefe Justice respited onely untill Our pleasure might bee knowne : Then indeed they who afterwards proved the contrivers of the late Covenant , and their adherents , begun to complaine of the hard measure which was offered to this Lord , and to lay false and wicked aspersions upon his Peeres who found him guilty ; but finding that all the proceedings were usuall and legall , they could not but have acquit the Judge if hee should have condemned him , nor could they have found the least blemish in Our justice , if Wee should have given warrant both for his sentence and execution , whose life was now legally devolved into Our hands ; and therefore this convicted Lord betook himselfe onely to Our mercie , which We shewed to him in that height as Wee are confident it is hardly to be patterned by any president . For notwithstanding the head of this family which was first raised by Our Father , and then being falne , yet raised by Him againe , and now relapsed , was once againe brought under Our axe , as it had beene before brought under the axe of Our Royall Father : We , desirous to shew Our selfe the true heire of none of Our blessed Fathers vertues , more then of his mercie and clemencie , were contented upon his deep protestations of loyaltie for the time to come , to grant him under Our great Seale for that Our Kingdome , not onely a Pardon of that crime of which he stood convicted , but also his full libertie and inlargement : Which gracious Pardon of Ours , when it was delivered to him by Our Councell , who sent for him being then prisoner in the Castle of Edinburgh , he did before that Table receive on his knees , with the highest magnifying of Our mercie , with the humblest acknowledgments of those infinite obligations by which he and his family stood for ever engaged in the service of Us and Our Crowne , with the deepest protestations of all loyall , quiet , and peaceable deportment of himselfe ever hereafter , and of bending all his endeavours to attend upon all Our Royall courses and commandements , so that Our Councell remonstrated unto Us , that Wee had bestowed Our mercie and grace upon a man , of whom there could not be the least suspicion of his aversenesse from Our service at any time hereafter , but of whom they might safely promise all forwardnesse and alacritie in all Our just courses , whensoever it should please Us to use him : And now this same pardoned Lord Balmerino , being one of the chiefe contrivers , and most malicious prosecutors of this wicked Covenant made against Us and Our authoritie , how he can be able to answere it to God , Us , and Our Crowne , his owne conscience , or to the world , even in the point of honour and reputation , it must be left to the world to judge . By this now which hath been said , We suppose it is plain that before either the Service Book , or Book of Canons , so tragically now exclaimed against , were thought on , the seeds of sedition and discontent were sowne by the contrivers of the late Covenant , first upon the occasion of our Revocation , next upon occasion of Our Commission of Surrenders , and lastly upon the occasion of Our denying Honours to some of them at Our last being in that Kingdome , which caused first their traducing of Our proceedings in our last Parliament held there , and then produced that infamous Libell . And now by this time sedition was growne so ripe , and readie to seed , that it wanted nothing to thrust it out , and make it shoot forth into an open Rebellion , but some faire and specious pretence : They could not yet compasse the cloake of Religion , whereby to siele the eyes , and muffle the face of the multitude , for by none of all the three former occasions could they so much as pretend that Religion was endangered or impeached : But so soon as they got but the least hint of any thing , which they thought might admit a misconstruction that way , they lost no time , but took Occasion by the forelock , knowing that either that , or nothing would first facilitate , and then perfect their designes : Now the occasion they tooke of fetching Religion within the reach of their pretences , was this . Our Father of blessed memorie immediately after his comming into England , comparing the decencie and uniformitie of Gods worship here , especially in the Liturgie of the Church , with that diversitie , nay deformitie which was used in Scotland , where no set or publike forme of prayer was used , but Preachers or Readers and ignorant Schoolmasters prayed in the Church , sometimes so ignorantly as it was a shame to all Religion to have the Majestie of God so barbarously spoken unto , sometimes so seditiously that their prayers were plaine Libels , girding at Soveraigntie and Authoritie ; or Lyes , being stuffed with all the false reports in the Kingdome : He did immediately , as became a Religious Prince , bethinke himselfe seriously how His first reformation in that Kingdome might begin at the publike worship of God , which Hee most truely conceived could never be happily effected , untill such time as there should be an unitie and uniformitie in the publike Prayers , Liturgie , and Service of the Church , established throughout the whole Kingdome . Concerning this His Royall and Religious designe , divers consultations , for many yeares , were had with the Bishops and others of the Clergie of most eminent note in that Kingdome . But these deliberations ( as it happeneth manie times in businesse of so pious and ponderous importance ) received some opposition , and manie intermissions , untill the yeare 1616. in a Generall Assemblie ( which is answerable to the Convocation of the Clergie here in England ) held at Aberdene in August , Our Royall Father by His Letters , and the vehement instance of His Commissioners then and there present , easily made apparent to that whole Assembly , not onely the conveniencie , but indeed the necessitie of a publike Liturgie to be settled throughout the whole Land : Which moved that Assemblie to passe an Act , whereby they authorised some of the present Bishops , and divers others , to compile and frame a publike forme of Liturgie , or Booke of Common Prayer , which should first be presented to Our Royall Father , and after His approbation should be universally received throughout the Kingdome . This Booke in pursuance of that Act of Assembly , being by those who were deputed for that purpose framed , was by the Lord Archbishop of Saint Andrewes that now liveth , sent up to Our Royall Father , who not onely carefully and punctually perused everie particular passage of it himselfe , but had it also considerately advised with , and revised by some of that Kingdome here in England , in whose judgement He reposed singular trust and confidence ; and after all His owne and their observations , additions , expunctions , mutations , accommodations , He sent it backe to those from whom He had received it , to be commended to that whole Church , being a Service Booke in substance , frame , and composure , much about one with this verie Service Booke which We of late commended to them , and which undoubtedly then had been received in that Church , if it had not pleased Almightie God , that while these things were in doing , and before they could receive their much wished and desired period and consummation , to the invaluable losse , as of the whole Church of God , so particularly of that Church of Scotland , to translate Our blessed Father from His temporall Kingdomes to that which is eternall . Wee , by the grace of God , succeeding to Our royall Father , were desirous to make it knowne to the world , that Wee did not hold it a greater honour to succeed Him in His Crownes , then to be His Successour in His Princely vertues , and especially in that in which He was most eminent , His singular pietie and religious care of the publique service of God ; which finding here in this Kingdome of England , by His singular wisedome and vigilancie , setled even to the admiration if not envie of all other Churches , We resolved by the grace of God to pursue that His Pious and Princely designe , for setling a publike Liturgie in that Our Kingdome of Scotland , it having beene so happily atchieved , facilitated , and almost perfected by Him : To which purpose We caused the same Service Booke , transmitted by Him to that Church , to be remitted and sent backe to Us , that after Our perusall and alterations , if any should be found , either necessarie , or convenient , it might likewise receive Our Royall authoritie and approbation : We having received that Book , and after many serious consultations had with divers of Our Bishops and Clergie of that Kingdome then here present with Us , and after Our advices by Our Letters and Instructions to the rest at home , and after many humble advertisements and remonstrances made from them to Us of the reasons of some alterations , which they did conceive would remove divers difficulties , which otherwise they feared this Booke would encounter with ; We were contented that the Service Booke should come out as now it is printed , being fully liked by them , and signed with their hands , and perused , approved , and published by Our Royall command and authoritie . In the perusall and approbation whereof , We tooke speciall care , that the small alterations of it in which it differeth from the English Service Booke should be such , as We had reason to thinke would best comply with the mindes and dispositions of Our subjects of that Kingdome : For We supposing that they might have taken some offence , if We should have tendered them the English Service Booke totidem verbis , and that some factious spirits would have endevoured to have misconstrued it as a badge of dependance of that Church upon this of England , which Wee had put upon them to the prejudice of their Lawes and Liberties ; We held it fitter that a new Booke should be composed by their own Bishops , in substance not differing from this of England , that so the Roman party might not upbraid Us with any weightie or materiall differences in Our Liturgies , and yet in some few insensible alterations differing from it , that it might truely and justly be reputed a Book of that Churches owne composing , and established by Our Royall Authority , as King of Scotland : And thus conceiving Wee had discharged the duetie of a religious King towards God , and of a gracious Prince in accommodating this Booke so , that Our subjects of that Kingdome should have no cause to have the least suspicion of any intended dependancie of that Church upon this , Wee sent home the Book to the Lords of Our Privie Councell : After their receipt & consideration of it , We , by their advice , and they , by Our Authoritie , commanded by publike Proclamation that the said Book should be publikely read and received in all the Churches of that Our Kingdome , and should begin to be practised upon Easter next , 1637. Disobedience to this Our Proclamation Wee had little reason to expect , because this Service-book was no new thing unto them : For it not differing from the English Service-book in any materiall point , and We supposing that the English Liturgie neither was nor could bee displeasing to them , did likewise conceive that this Book should be as little disliked by them : Now the reasons inducing Us to a beleefe of their not misliking the English Liturgie , were these . First , many of Our subjects of that Kingdome of all sorts daily resorting to Our Court and the Citie of London , did much frequent our Chappell , many other Churches in or about the Citie , and many Churches , during their stay here at the severall places of our residence , and many other Churches within this Kingdome upon their way , both hither and homeward ; in all which Churches they did behave themselves during the time of divine Service with that reverence as others of Our subjects of this Kingdome did , without any dislike of it , or quarrelling against it . Now these who resorted hither , being for quantitie and number very considerable , and for qualitie ( for the most part ) of the very best , gave Us more then a probable assurance , that at home they would never accompt that absolutely in it selfe unlawfull and Antichristian ( as many of them have since professed , ) unto which they had here of their owne accord by their practise yeelded obedience : For neither municipall Law , nor variation of time or place , nor any other circumstance , can allow Us to practise that which we hold in it selfe to be simply unlawfull , Antichristian , and against the Word of God. Secondly , in Our owne Chappell at Haly-rud-house , ever since the yeere of Our Lord 1617. the English Liturgie hath beene read , and according to it divine Service sung and said , as it is here said and sung in Our Chappels in England , not onely without dislike , but with frequent Assemblies of Our Councel , Nobility , Bishops , & other Clergie of all sorts , Judges , Gentrie , Burgesses , women of all ranks : The Bishops or some of them never gave Orders ( which they did frequently ) but they used the English Service-book , & in some Cathedrall Churches of that kingdom , as also in the new Colledge of the University of S. Andrewes , for some yeeres of late it was publikely read without any distaste , much lesse disturbance ; for divers yeeres it was used in many families , and at Our last being in that Kingdome it was read publikely in all Churches to which Wee resorted , in which great numbers of all sorts of people were present : All which gave Us good reason to conceive , that the commanding of this Book by Our authoritie , could not in any true sense be called or accounted an innovation , all sorts of people , and very many of those of all ranks who now inveigh most bitterly against it , having been so accustomed to it ▪ and acquainted with it , and that without any dislike of it or complaint against it . Thirdly , Wee confesse that one of the chiefest reasons moving Us to beleeve , that that Service-book ( being in substance all one with this of England ) could not be held by them to containe any thing tending to Idolatrie , Poperie , or Superstition ( as since they have pretended ) was this ; We did foresee that all objections bending that way must needs strike at the English Service-book aswell as at that ( and indeed all of them which they have preached or published against that book do so ; ) but We did then and do still take it as granted , that no man , who hath his wits about him , can charge the least suspicion of these things objected , upon the English Service-book : For since it is well knowne to the whole Christian world , that the Composers & Framers of the English Service-book were those very famous Bishops & others , who in Queen Mary her dayes delivered up their living bodies to the fire , or escaping the fire indured banishment , & only because they would not yeeld to Poperie and Superstition : How these men now , whom in their owne judgement they hold to bee ranked amongst the most glorious Martyrs of the Church , for resisting even to bloud , Idolatry , Popery , and Supersti●ion , can with any conscience or honestie be charged by these men with compiling of a Book stuffed full with Idolatrie , Poperie , and Superstition , it requireth more then an ordinarie understanding to apprehend : And besides , it will be made good , that more of the Bishops and learned Clergie of England , both for number and weight , have opposed Superstition and Popery , then can be found in all the reformed Churches besides , who all of them have lived in the practise of the English Liturgie , and defended the same ; which they would never have done if they had supposed it to containe Idolatrie or Superstition . These now were the grounds which inclined Us to conceive that the Service-book , authorized by Us for that Kingdome , was not like to receive any publike or considerable opposition , though We did never expect it should misse to meet with that misfortune which attendeth all other Books of this kind , and which hath waited upon the English Service-book here , viz. to be disliked and defamed by some whose judgements either being weak are not capable of satisfaction , or being distempered with the humours of singularitie , are resolved never to receive , or at least never to seeme to receive any satisfaction . And yet , even those men too , especially they of the first sort , men of weaker judgement , before , and at the time of the publishing of this Book , were not cast without the compasse of Our care and clemencie : For Wee did with that Book send home certaine instructions and directions to our Bishops of that Kingdome signed with Our owne hand , amongst which this was one : That notwithstanding We had now established this Book by Our authoritie , yet they should proceed with all moderation , and dispense with such for the practise of some things contained in the Book , as they should finde either not well perswaded of them , or willing to be informed concerning them , or did hope that time and reason might gaine to a better beleefe of them : Nay yet more , to foresee what probable opposition this Book might be like to receive , Wee caused Our Councell by Proclamation to publish a set day for the reading of it in all Churches , which was the Easter day following , 1637 : All which time , though no symptoms of any considerable opposition did appeare , yet upon good considerations , and for the further trial of mens minds , the first reading of it was delayed untill the xxiii . of July next ensuing , to the end that the Lords of the Session , and others who had any Law-businesse , might see the successe of it before the rising of the Session , which alwayes endeth on the first of August , and that so upon their returne to their severall Countries they might report the receiving of this Book at Edinburgh ; it being ordered , that on that Sunday the Book should be read onely in the Churches of Edinburgh , and those which were next adjacent : And because it should not be read that day neither unexpectedly , warning was first printed , and then published in all these severall Pulpits the Sunday immediatly before , that the next Sunday the new Service-book was to be read : After all which premonitions made only to try how the people stood affected , & no feare of tumult appearing ; Nay , the Service-book , which was to be read , having beene in publike Sermons commended by many Preachers , without any apparent disgust of the Book , or disgrace offered to the Preachers persons ; Nay , having beene commended in Sermons by some of their now principall Covenanting Ministers , who since have beene the greatest railers against it , by none more then one Rollock a Minister of Edinburgh , who , both in a Sermon preached by him at a Synod held at Edinburgh before the Bishop of that Diocesse , and in his Sermon on the Sunday of intimation of the reading of the Service-book the next Sunday , did highly magnifie the said Book : And so the tendring of this Book being thus prepared and sweetned with these gracious considerations of time , & expectation of the discovery of mens affections , which , for any thing appeared to the contrarie , were very calme & composed , who could have imagined that the first reading of it should have been attended with such a barbarous tumult and insurrection , as was raised in the Churches and streets of Edinburgh the Sunday following ? the true relation of which tumult , as it was sent up to Us , doth here follow . On the twentie-third day of July , 1637. being Sunday , according to the publike warning given the Sunday before , the Service Book was begun to bee read in Edinburgh in Saint Gyles Church , commonly called the great Church ; where were present ( as usually they are ) many of Our Councell , both the Arch-bishops and divers other Bishops , the Lords of the Session , the Magistrates of Edinburgh , and a very great auditorie of all sorts of people . Amongst this great multitude there appeared no signe of trouble : But , no sooner was the Book opened by the Deane of Edinburgh , but a number of the meaner sort , who used to keep places for the better sort , most of them women , with clapping of their hands , cursings , and out-cries , raised such a barbarous hubbub in that sacred place , that not any one could either heare or be heard : The Bishop of Edinburgh , who was to preach , stept into the Pulpit , which is immediatly above the place where the Deane was to read , intending to appease the tumult , by putting them in minde that the place , in which they then were , was holy ground , and by intreating them to desist from that fearefull and horrible profanation of it : But hee was entertained with as much irreverence as the Deane , and with more violence ; in so much , that if a stoole , aimed to be throwne at him , had not by the providence of God beene diverted by the hand of one present , the life of that Reverend Bishop , in that holy place , and in the Pulpit , had beene indangered , if not lost : The Arch-bishop of Saint Andrewes Lord Chancellour , and divers others offering to appease the multitude , were entertained with such bitter curses and imprecations , as they not being able to prevaile with the people , the Provost , Bailiffs , and divers others of the Councell of that Citie were forced to come downe from the Gallery in which they do usually sit , and with much adoe , in a very great tumult and confusion , thrust out of the Church these disorderly people , making fast the Church doores : After all which , the Deane devoutly read Service , assisted by Our Councellors , Bishops , and many other persons of qualitie there present : Yet the out cries rapping at the Church doores , throwing of stones at the Church windowes by the tumultuous multitude without , was so great as the Bailiffes of the Citie were once more put to forsake their places , and use their best indeavours for the appeasing the rage and furie of those who were without . Service being ended , the Bishop preached , after which the Congregation was dismissed : The Bishop of Edinburgh retiring himselfe to a lodging distant not many paces from the Church , was so invironed with a multitude of the meaner sort of people , cursing and crouding him , that he was neere being trode to death ; and in all probabilitie had beene so , if hee had not recovered the staires of his lodging , which he no sooner began to go up , but he was so pulled by the sleeve of his gowne by some of that rude rout , that hee had like to have tumbled backward downe the staires , to the indangering of his life , yet with much adoe getting up the staires he found the doore , at which he should have entred , shut against him , and so being put to a stand , he had certainely beene oppressed with the preasse and violence of that rabble , if the Earle of Weems from his next lodging , seeing the Bishops life in danger , had not sent his servants to rescue him , who got the Bishop almost breathlesse into his lodging . The same morning the Service Book was read in the next Church to Saint Gyles Church , not without noise and tumult , yet the furie was not so great as in the other Church : In the Gray Friers Church the Elect Bishop of Argyle ( being Colleague to Master Ramsey who refused to read it ) begun to read the Book , but he was so cursed and exclaimed against , and threatned to be pulled downe , that after the reading of the Confession and Absolution , he was forced to give over . In the Colledge Church , Rollock , one of the Preachers there , who the Sunday before , at the intimation of the reading of it , had so much commended the Book , and had undertaken this day to read it , though hee had the Book ready to be carried to the Church with him , yet , very wisely , resolved to halt a little , untill he might know how it was entertained at Saint Gyles Church , that so his conscience might comply with the carriage of the multitude , whose rudenesse being reported to him , he ( notwithstanding his commendations of the Book , and his faithfull promise to read it , ) thought it the safer course to leave himselfe to the censure of all men for his levitie and breach of promise , then offend the multitude , whose favour is the onely aire in which he taketh delight to breath and live : And thus that morning passed . Betweene the two Sermons , such of Our Councell as were in the Towne , assembled at the Lord Chancellour his lodging , where the Lord Provost and Bailiffs of Edinburgh being called , undertooke to doe their uttermost endevours for the quiet and peaceable reading of the Service Booke in the afternoon ; which accordingly they did , and so the Service Booke in Saint Gyles and some other Churches , that afternoone was read , without any such tumult or insurrection as it encountred with in the morning ; yet the furious multitude , who stayed in the streets , and little regarded the service of God in the Churches , intermitted nothing of their madnesse ▪ For the Lord Privie Seale Earle of Roxborough returning home to his lodging , and having with him in his Coach the Bishop of Edinburgh , was neare suffering the death of the first Martyr St. Stephen , his Coach and Coachman , for having the Bishop in it , being so pelted with stones , and hooted at with execrations , and pressed upon by the eager and mad multitude , that if the Lord Privie Seale his Footmen had not with their swords kept them off , they in the Coach had been brought in danger of their lives , having after long and continuall bickerings much adoe to recover their lodgings . And now We desire all men to consider what blessing and successe from heaven may be expected upon this grand and important reformation of Religion , as they call it , the begetter and beginner whereof was the horrible profanation of the Lords owne day , and that in the Lords owne Houses and Temples , and all this attended with the contempt and treading under foot the sacred Authoritie and Lawes of Us the Lords Anointed , as also with the violation of the persons of the Lords Priests and Prophets , his Bishops and Ministers , and all these practised by a base multitude , disavowed and disclaimed at that time by all Magistrates and persons put in authoritie , and all others of any ranke or qualitie , who branded that multitude with the names of the scum and froth of the people , and offered themselves , to the uttermost of their diligence and assistance , for the finding of them out , and bringing them to highest and condigne punishment , as shall presently appeare by the demeanour of the Magistrates when they were called before Our Councell for that purpose . For the next day , being the 24. of July 1637. Our Councell assembled , and sent forth a Proclamation in detestation of the uproare and tumult the day before , and discharged all concourses of people and tumultuous meetings in Edinburgh under paine of death ; at which time the Magistrates of Edinburgh being then present at Our Councell Table , professed their utter abhorring , and detesting of the last tumult , and apprehended some suspected to be most forward in it , and thereupon were commanded and ordered by an Act of Our Councell of the 26. of July , to assemble the Councell of the Citie the next morning by eight of the clocke , and then and there to resolve what course they thought fittest to be held for the finding out of the movers of , and chiefe actors in the late seditious uproare , and immediately after to report their diligence and resolutions herein : Which report they accordingly made to Our Councell , not onely with a detestation of that tumult , and promises of their best diligence for finding out the authors and abettors of it , but also with large proffers of their best assistance for the quiet and peaceable establishing and reading of the Service Booke in all their Churches . But the Ministers of that Citie being loath to undertake the reading of it , without some securitie given for the safetie of their persons , the Lords of Our Councell by their Act of the 28. of July 1637. ordered the Provost , Bailiffes , and Councell of Edinburgh to advise amongst themselves concerning some obligatorie Act to be made by them , for a reall performance of what they had undertaken , and should further undertake for the peaceable exercise of the Service Book , which they accorded unto , and promised , that since the former Readers in their severall Churches , had refused to read the Booke , if in the meane time the Ministers themselves would read it , they would take order for their safetie , and when new Readers should be provided , they would take order both for their securitie and settled maintenance and allowance : In pursuance whereof , an obligatorie Act was drawne up by Our Advocate , and read before Our Councell to the Magistrates of Edinburgh the sixt of August 1637. to which they humbly consented , and on the tenth of the same moneth , the said Act of indemnitie being exhibited before Our Councell , was allowed by them , and accordingly passed and entred in Our Councell booke as an Act of Councell : And so now this late tumult in all appearance being settled , and not onely fathered upon the scumme and dregges of the people , but cryed downe by all men either of place or qualitie , and by none more then by the Magistrates and Ministers of Edinburgh , Our Councell not fearing any new outrage , proceeded to these two things . First , to the exemplarie punishing of such of the heads of the late tumult as they should discover : And next , to the settling of the practice of the Service Booke , and appointing a new day for renewing the exercise of it ; to which the Bishops , Magistrates and Ministers of Edinburgh agreed : And this their forwardnesse the Magistrates of that Citie were not onely contented to expresse before Our Councell , both by their verball promises and protestations , as also their obligatorie Act remaining upon record , and registred in Our bookes of Councell , but likewise by two particular Letters sent by them into England unto the Lord Archbishop of Canterburie , in which they desired him to recommend unto Us , their care of , and fidelitie to Our service , and to undertake for them to Us their zeale and forwardnesse , for settling the peaceable practice of the Service Booke : Which Letters We here have caused to be inserted , that the Reader may see what names of simplicitie and ignorance they bestow upon that multitude , which made the first opposition , and withall take notice of the names of the Magistrates subscribers to these Letters ; for some of them ( which hardly could be expected from reasonable men ) will be found to be very forward , if not leaders in the next succeeding sedition , and so of the rest which have followed since : The Letters be these . Most Reverend Father in God and our verie good Lord , WEe regrait from our hearts that tumult which did fall out in our Churches that day of the inbringing of the Service Booke , wherein now these of his Majesties Councell , who have laboured the tryall thereof , will give testimonie of our innocencie : Since that time and the rising of his Majesties Councell in this feriall time , we have daily concurred with our Ordinarie , and our Ministerie for settling of that Service Booke , as the right Honourable the Earle of Traquair Lord Treasurer , with the Bishops of Galloway and Dunbleane will beare witnesse ; who have spared neyther paines nor attendance to bring that purpose to a good conclusion : And although the povertie of this Citie be great , being almost exhausted with publicke and common workes , yet we have not beene lacking to offer good meanes , above our power , to such as should undertake that service ; and in all things wherein we have beene required , we have ever beene ready really to approve our selves obedient and loyall subjects to his Majestie , in all his Royall commandements , which we have vowed ever to second to our lives end . And we being infinitely obliged to your Graces favours , we now presumed by these lines to give your Grace that assurance of obedience upon our part , in this purpose and in all other purposes wherein we may contribute to the advancement of his Majesties service , or can be expected of good subjects : VVhereof if his Majestie by your Grace shall be pleased to rest assured , whatsoever any other shall suggest , we will accept it from you as a great accumulation of favour ; for all which your Grace shall ever finde us most thankfull Remembrancers , and most ready really to expresse our thankfulnesse , whenever we shall be made so happy as that your Grace shall have occasion to use our service . Thus from our hearts wishing you all happinesse , we kisse your Graces hands . Edinburgh this 19. of August , 1637. Your Graces most affectionate and humble servants the Bailliffes of Edinburgh . J. Cochrane , Bailly . An. Ainslie , Bailly . J. Smith , Bailly . C. Hammilton , Bailly . THE SECOND LETTER . Most Reverend Father in God and our very good Lord , WEe did receive your Graces kind letter , and from our hearts we do render your Grace most hearty thanks ; and as wee have hitherto found your speciall favour in this matter , concerning the laitly imprinted Service Booke , whereanent we did write to your Grace formerly , shewing our dutifull and obedient resolution , not onely in our selves , but in the greatest and best part of our Inhabitants , of whom from time to time we had most confident assurance ; so now we must againe become new suiters at your Graces hands to receive from us a true information of the difference of the present time , and of that when we did presume to write the occasions thereof , which is , that since our last there hath beene such an innumerable confluence of people from all the corners of this kingdome , both of Clergie and Laitie , and of all degrees by occasion of two Councell dayes , and such things suggested to our poore ignorant people , that they have razed , what we by great and continuall pains had imprinted in their minds , and have diverted them altogether from their former resolutions , so that now when we were urged by our selfes alone , we could not adventure , but were forced to supplicate the Lords of Councell to continue us in the state they had done the rest of the kingdome ; having hitherto forborne either to combine with them , or to countenance them in their supplications , yet we will not forbeare to doe our Masters service to our power , but shall studie to imprint in their minds what hath beene taken away ; in the interim we will humbly beg your Graces favour and intercession with his Majestie , that we may be keeped still in his favour , which we doe esteeme our greatest earthly felicitie , and that what course shall be taken with the rest of this kingdome in that matter , who have presented many supplications , and with whom we have in no wayes combined , that the same and no other may be taken with us , wherein we are confident to prevaile as much as any other within the kingdome , and in all things shall endevour nothing more , then that we may approve our selves most dutifull and obedient subjects . Thus relying upon your Graces favour , as our most assured refuge , we kisse your Graces hands , and rests , Edinburgh this 26. of September , 1637. Your Graces most affectionate and humble servants , the Bailliffes of Edinburgh . J. Cochrane , Bailly . J. Smith , Bailly . C. Hammilton , Bailly . James Rucheid . WEe confesse that these large undertakings of the Magistrates , moved Us to remit much of Our intended rigor against the offenders in the first uproare , hoping that their acknowledgment of Our clemencie , would have produced effects quite contrarie to those which We have found : And now We shall desire the Reader to observe , that this first tumult was owned by none , condemned and cryed down by all , the authors of it , and actors in it called by all sorts , by no better names then Rogues , and the base Multitude : What will you then think , if that within verie few daies you shall see the verie same liberall bestowers of these names entring upon the same Stage , repeating and acting over againe the parts of that madd Multitude ; Onely the Stage you shall see a little better hanged , and the Scenes better set out , and the Play having a more specious name of Pietie and Religion ? For soon after , these base and unruly people , who were so much out in their first act of Rebellion , ( as Actors at the first are not commonly perfect ) were in the Pulpits , even for that their first and foule act so much of late hissed at and decryed , afterwards magnified for the most heroicall Sparkes that ever God inspired and raised up in this last age of the world ; and though they were but Asses , yet they were cryed up for having their mouthes opened immediately by God , as the mouth of Balaams Asse was , to the upbraiding of all the rest of the Land , who held their peace when they should have cryed and brayed as they did : Their happy mouthes and hands , which God was pleased to honour that day with the beginning of their new blessed Reformation , and occasioning their celestiall Covenant ( as they called it ) were so highly extolled by their Preachers , that they assured their Auditors that their memorials should be eternall , whom before they had called the scumme of the people , and the base Multitude , and that all succeeding generations should call them blessed . These high flowne speeches , and many others of the like extravagant straine , both in the Pulpits and out of them , immediately after the first tumult , and ever since , have beene bestowed , and that not sparingly , upon that multitude , which not long before they called base and rascall : But no wonder , for many of the better sort having succeeded that multitude in the same madnesse , they must needs now give them new , high , and Heroicall titles , such as they would have given to themselves now acting their parts ; for now their owne actions come next upon the Stage to bee viewed and judged . All businesses now for a time seemed to be hushed and calmed , by reason of the long vacation , which in that Kingdome beginneth alwayes on Lammas day , and the Harvest , which drew all sorts of people from Edinburgh , except the Citizens ; so that little or nothing was done betweene the last of July and first of October , save that some Ministers petitioned the Lords of Our Councell for suspending the Letters whereby they were charged to receive the Service Book , and that they of Edinburgh begun a little by the instigation of their two silenced Ministers to relent of their former forwardnesse for receiving the said Booke , and to repent themselves of their too eager condemning the raisers of the first insurrection , and presented to Our Councell on the 26. of September a Petition , humbly desiring not to bee pressed with the Service Booke notwithstanding all their former undertakings , but to be continued in the same case with all the rest of the Kingdome , untill Our pleasure were further knowne ; which Petition , as they alledged , they were necessitated to present , by the example and encouragement of all ranks from all parts of the Kingdome . But so soone as Harvest was done , the conflux of all sorts of Our subjects , Nobilitie , Gentrie , Ministers , and Burgesses from all parts of that Kingdome , came to be so great at Edinburgh , and after such a tumultuous maner , as that , a present Insurrection was justly feared ; which forced Our Councell , assembled then at Edinburgh upon the day before appointed by them , viz. the xvij . of October , 1637. to make three Proclamations ; The first , to give notice that on that day nothing should bee treated of at the Councell Table concerning Church businesse , untill the Lords might see the times , and meetings of his Majesties subjects more quiet and peaceable ; and therefore commanded all who were come thither about any such businesse , peaceably to repaire to their owne homes within foure and twentie houres , under the paines expressed in the said Proclamation : A second , for removing the Session ( which is here in England called the Terme ) from Edinburgh to Lithcow , for feare of present danger , if this great concourse of people should not some way be diverted and divided , especially considering that those of Edinburgh were now apparently perverted , and become very evill affected to Our and Our Councels courses of peace and quietnesse : A third , for bringing in and burning a certaine seditious Booke newly dispersed amongst our subjects there , tending to sedition and the disgrace of Our Ecclesiasticall Government here in England : The three Proclamations are here inserted . Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie , upon divers good respects and considerations , to give warrant and direction to the Lords of his Majesties Privie Councell , for dissolving the meeting of this Councell day , in so farre as concerneth matters of the Church : And that everie one that hath come to attend this businesse , repaire to their owne dwellings , except such persons as shall make knowne to the said Lords of Councell just cause of stay for their particular affaires ; Therefore the said Lords , according to his Majesties speciall warrant and direction sent unto them , have dissolved , and by the tenour hereof doe dissolve the meeting of this Councell day , in so farre as concernes the businesse above written ; And ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh , and to make publication hereof ; And to command everie one that hath come hither to attend this businesse , to repaire home to their owne dwellings within 24. houres after the publication hereof , except such persons as shall make knowne to the said Lords just cause of their further particular affaires in manner aforesaid , under the paine of Rebellion , and putting them off to the Horne ; with certification to them , that if they faile they shall be denounced Rebels , and put to the Horn , and all their moveable goods escheat to his Majesties use . Apud Edinburgh 17. Octob. 1637. FOrasmuch as it hath pleased the Kings Majestie , upon divers great and good considerations knowne to his Majestie , to remove his Councell and Session from the Citie of Edinburgh to the Burgh of Dundie : And whereas it is inconvenient at this time to remove it so farre , his Majestie is graciously pleased that this next Session shall be holden at the Burgh of Linlithgow , and the next after the ordinarie vacants at the Burgh of Dundie : And there to remaine during his Majesties pleasure : And therefore the said Lords , according to his Majesties speciall direction , ordaines Maissars or Officers of Armes to passe and make publication hereof to all his Majesties good subjects by open Proclamation at all places needfull , whereby they can pretend no ignorance thereof , but may prepare themselves to attend at Linlithgow and Dundie accordingly . Apud Edinburgh Octob. 17. 1637. FOrasmuch as the Kings Majestie is credibly informed , that there is a certaine booke intituled , A Dispute against the English Popish Ceremonies , obtruded upon the Kirke of Scotland , and hath beene sent abroad and dispersed in this Kingdome , purposely to stirre the hearts and affections of the subjects from their due obedience and allegeance : And therefore it hath pleased his Majestie to give order and direction to his Councell , that diligent inquirie and search be made for the said booke ; And for this effect the said Lords ordaines letters to be directed to make intimation and publication to all his Majesties subjects , that such of them as have anie of the said bookes , bring in the same to the Lords of his Majesties Privie Councell betwixt the date of this Proclamation and the day of And the said bookes being brought in , that the same be publikely burnt , certifying all his Majesties subjects if any of those bookes shall be found or knowne to have beene with any of them after the time aforesaid , that they shall incurre the like censure and punishment as the Authour may be found to deserve for any thing contained in that booke . ANd whether Wee and Our Councell were not justly necessitated to these Proclamations , and whether it were not high time to require obedience to them , though none was yeelded , let that barbarous insurrection which was raised the next day , sufficiently testifie . On the eighteenth of October 1637. the Bishop of Galloway and Sir VVilliam Elfinston Lord chiefe Justice of that Our Kingdome , being appointed by the Lords of Our Councell to examine witnesses in a cause depending before them , betweene Francis Stuart sonne to the late Earle of Bothwell , and divers others , the Bishop was peaceably passing along the street towards the Councell-house where the examinations were to be taken : But suddenly an inraged multitude surrounded him , and followed him with fearfull cursings and exclamations close to the Councell-house doore , where hee was againe incountred afresh with a new troupe , who watched , and lay in wait for his comming thither , and whose furie exceeded words ; for in all probabilitie the Bishop had beene pulled in peeces by them , if by divine providence he had not beene defended by the said Francis Stuart , who with much adoe got the Bishop within the doores of the Councell-house , where Our Lord chiefe Justice staied for him : But when hee was there , that place of highest Reverence within that Our Kingdome , was no Sanctuarie for him ; for they continued demanding his person , and threatning him with death : The report hereof , and the danger of their Lords life , was brought by some of the Bishops servants presently to the Earle of Traquair Our Lord Treasurer , and the Earle of Wigton , one of the Lords of Our Councell , who were then at a lodging not farre from thence : They came presently with their followers to the reliefe of the Bishop , but verie hardly for the croud of the mutiners could approach the Councell-house where hee was ; at last , when with much adoe they got entrance , they found themselves in no better case then the Bishop was , for the peoples furie meeting with no proportionable resistance , increased the more : The Lords thus beset in Our Councell-house , sent privately to the Lord Provost , Bailiffes , and Councell of Edinburgh , who were then assembled in their owne Councell-house , requiring them to come to their rescue , and to take some present order for their safetie : They , by one Sir Thomas Thompson , who indeed was an eye witnesse of the truth of it , returned this answer ; That they were in the same , if not a worse case themselves , if the Lords without did not presently pacifie the inraged multitude ; that the whole streets were pestred with disorderly people ; that their Councell-house was beset without , and thronged within , with their owne threatning Citizens , who had vowed to kill all within their house , unlesse they did presently subscribe to a paper presented to them , which for feare of their lives they were forced to doe : Which paper contained these three particulars : First , that they should joyne with them in opposition to the Service Book , and in petitioning Us for that purpose : Secondly , that by their authoritie they should presently restore unto their Pulpits and places Master Ramsey and Rollock , their two silenced Ministers : Thirdly , that they should restore unto his place one Henderson a silenced Reader : No doubt three most important grounds for such a fearfull sedition : No better answer being returned , the Lord Treasurer and the Earle of Wigton , with their followers , resolved to go up to the Towne Councell-house , and to use the uttermost of their authoritie , or ( if that found no respect ) their best perswasions for settling the present sedition : When they came thither , they found the Magistrates verie much discomposed , & greatly perplexed , as much doubting whether they should ever escape from the place with their lives ; yet they presently entred into consultation with them about what was fittest to be done in such an exigent ; and finding now that the publike divulging of that paper which the Magistrates and Councell of the Citie had subscribed , and that the open proclamation of it throughout all their turbulent troupes , and at the Crosse , had a little asswaged their furious rage , the Lords begun to advise with the Magistrates what was best to bee done for the safetie of the Bishop of Galloway , whom they had left besieged in the Councell-house : It was thought fit by all , that the Lords should returne to Our Councell-house , and containe themselves therein , till the Magistrates might try what they could do for calming the commotion in the streets : But no sooner had the Lords presented themselves to the streets , but they were received with such violence as they were forced to retire , untill such time as two of the Bailiffes with their Serjeants and Officers , and such others as they got to attend them , accompanying the Lords , and repeating to the multitude what had beene yeelded to in the paper exhibited to them , a little way was made at first ; But presently when they entred upon the great street , the barbarous multitude run most inragedly upon them : Their out-cries were horrible and confused , but were ( as much as in such a confusion could be distinguished , ) God defend all those who will defend Gods cause , and God confound the Service Book , and all the maintainers of it . The Lords being in present and imminent danger , assured the people that they would represent their grievances to Us ; for when they perceived that the people refused to obey any commandement which was laid upon them in Our name , and that they sleighted their requiring of them to retire unto their owne houses , and to behave themselves as quiet and good subjects ; under paine of Our highest displeasure , they were glad then to betake themselves to intreaties and plausible perswasions ; but all in vaine : For the people still increased their furie , and that to such a height , as that the Lord Treasurer was throwne downe , his hat , cloak , and white staffe pulled from him , so that if by the strength of some about him , he had not beene presently pulled up againe upon his feet , he had undoubtedly been trode to death , and in that posture without hat or cloak , like a notorious malefactour , was he carried by the croud to Our Councell-house doore , where the Bishop of Galloway and others of Our Councell were imprisoned , in great feare , and expecting the Lords returne for their reliefe : Not long after the Provost and Bailiffes came thither to them , told them they had used their uttermost power and perswasions with the best , ablest , and of the prime esteeme of all their Citizens for the appeasing of the present tumult , and securing their Lordships persons , but could finde no concurrence nor obedience : Whereupon the Lords resolved to send for some of the Noblemen , and Gentrie , and others who were now frequently assembled for assisting the petition against the Service Book , to try what help they would or could contribute for quieting the inraged people , and what assistance they might expect from them in freeing them from the present danger : They , being sent for , came to the Lords and declared unto them how much they were unsatisfied with the present mutinie , offered their persons and power for securing them from all violence ; which the Lords in Our Councell-house accepting of , with much adoe ( being guarded by them whom the people would not offend ) the Lord Treasurer got to Our Palace at Haly-rud-house , and the Bishop of Galloway to his lodging : But the Lord Provost was againe set upon as he was entring his owne house , and was so pressed upon by the multitude , that they crouded with him into his owne yard , railing upon him and throwing stones at his windowes , untill some of his servants discharging a Peece which had nothing but powder in it , they retired for feare : In this tumult none were more forward and inexorable , then two who were Bailiffes the yeare before , and who had subscribed the two Letters to the Archbishop of Canterburie . This mornings storme being a little blowne over , Our Councell in the afternoone met at Our Palace at Haly-rud-house , and commanded a Proclamation presently to bee made at the Crosse of Edinburgh ; the tenour whereof here followeth . At Haly-rud-house the 18. of Octob. 1637. FOrasmuch as a number of the Lords of his Majesties Privie Councell , as likewise the Towne Councell of Edinburgh , being this day conveened in their severall Judicatories for his Majesties speciall affaires and service , they were most rudely interrupted in the course of their proceedings , by a tumultuous gathering of the promiscuous and vulgar multitude , by whom his Majesties Councell and servants in an open way was shamefully environed : VVhich being a matter verie disgracefull to his Majesties Authoritie and lawfull Government , and which in the consequence thereof may produce dangerous effects , if the like bee not prevented in the time to come ; Therefore the Lords of secret Councell , according to the dutie of their place and charge incumbent unto them , Ordaines a Maissar of Councell to passe to the Mercate Crosse of Edinburgh , and there by open Proclamation to discharge all publike gatherings and convocations of his Majesties subjects within the Citie of Edinburgh , and upon the streets thereof ; As likewise all private meetings tending to faction and tumult : And in his Majesties name and authoritie , to command and charge all his Majesties lieges and inhabitants within the said Citie , to containe themselves in peace and quietnesse ; And for that effect to keepe their houses , except when their lawfull businesse doth otherwise call them , Under all highest paine and charge that by rigour of law can be inflicted upon the contraveeners of the premises in manner above expressed . TO this Proclamation so little obedience was yeelded , and they of Edinburgh so farre from conceiving that they had any way misdemeaned themselves by that horrible insurrection , as that the next Councell day they had the impudence to send their Commissioners publikely to Our Councell Table , and there to require that their Ministers and Reader might be restored to them , and that they might have assurance for the performance of what was promised to them by their Magistrates at this last Rebellion , and before the pacification of it . From this Relation joyned to the Narration of the first insurrection in the Churches , it is easie to judge whether this their intended glorious Reformation , which , according to their religious intentions and ardent prayers , they say , God , even to a miracle , hath so graciously prospered in their hands , be like to proceed from God , the first act whereof was begun in the Church , with contempt of God and profanation of the house where his honour dwelleth , and the violation of those persons who serve at his Altar ; and the second Act whereof , was presented on the streets of the capitall Citie of the Kingdome , with the contempt of the highest Authoritie under God , viz. Us and Our lawes , and offering violence to the persons of Our Councellors and chiefe Officers of State , not forbearing the verie houses and places where Our Councell for that Kingdome , and Our Magistrates of that Citie doe usually sit , and were then sitting ; which places have alwayes been accounted sacred , and have duely challenged all respect and reverence . And now it is verie observable by what degrees this Rebellion hath risen , as if it had been before-hand well studied and contrived , everie rank entring upon the Stage in their due turns , in which they served and answered one another : The first tumult was begun by the basest sort of that Citie , whom the Authors of this second insurrection did then , even for that first tumult , condemne by the name of Rascalls and scum of the people : This second uproare , farre more seditious and dangerous then the former , was made by the best sort of Citizens , excepting onely the Magistrates and some few others , yet disavowed and disliked ( at least in shew ) by the Nobilitie , Gentrie , and the Magistrates of the Citie ; but these last Mutiners were not so cryed downe by them as the former , nor did they put such vile names of Rebels and Rascals upon them , nor did they shew any signification of their desire to have them questioned or punished for that tumult , because now the qualitie of these last mutiners persons gave some good countenance to the designes which they themselves had in hand : For these Noblemen , Gentrie , and Magistrates being themselves to performe the third Act of that Tragedie , at the first whereof they had hissed , and seemed to dislike the second , held it not fit to be too severe in condemning of that which it seemes they meant shortly after to act themselves , and in a more dangerous way : For first , their Protestation against Our Proclamation , and then their Covenant against Us and Our Authoritie , were next to come upon the Stage ; which though they were of the same plot and piece with the two other former insurrections , yet because they were to be better acted , and the Actors men of greater eminencie , they hoped their parts should not finde such foule names as the former had found : As if the things being the same , the names of Protestation or Covenant could alter the nature of insurrection and Rebellion ; like those of that bloudie League in France , who hoped that the verie name of the HOLIE LEAGUE would cause in the world a mistake of their meaning , and palliate their most wicked and unnaturall treasons , for rooting out their lawfull Soveraigne and the true Religion . And now this highest and worst part commeth next to be related . After these tumults , there were presented to Our Chancellour and Councell , two Petitions , one a verie weake and childish one , in the name of all the men , women , children , and servants of Edinburgh , onely against the Service Booke ; another in the name of the Noblemen , Gentrie , Ministers , Burgesses , against the Service Booke and Booke of Canons : That to the Lord Chancellour was as followeth . My Lord Chancellour , UNto your Lordship humbly shewes , we , men , women , and children , and servants , Indwellers within the Burgh of Edinburgh : That whereas we being urged with this Book of Service , and having * considered the same , VVe finde many things therein so farre different from that forme of Gods publike worship universally received and professed within this Kingdome : And we Burgesses , being at our entrie and admission deeply sworne for the maintenance thereof , that now makes our hearts to tremble , and our weak consciences will not suffer us to imbrace and practise this urged Service : VVe have this long time past , winked at some former alterations , being put in hope that no further novations should follow . But now we being oppressed , with our just feares to see our selves deprived of that libertie in serving God which ever hath beene approved by Church and Kingdome : In place whereof we are now like to be constrained to imbrace another , which hath neither been agitated nor received either by generall Assemblie or Parliament : In such extremitie we are most humbly to supplicate your Lordship to consider our present estate , and that this businesse is a matter of so great weight and consequence as should not appeare to bee a needlesse noyse of simple women , but it is the absolute desire of all our hearts for preservation of true Religion amongst us , which is dearer to us then either estate or life : And therefore we do humbly crave , that as the rest of the Kingdome , so we may have a time to advise , and that your Lordship may find out some way whereby wee may be delivered from the feare of this and all other innovations of this kinde , and have the happinesse to injoy the true Religion , as it hath beene by the great mercie of God reformed in this land , and authorised by his Majestie , who may long and prosperously Reigne over us : And your Lordships answer . Their Petition to the Councell followes . My Lords of Secret Councell , UNto your Lordships humbly shews ; VVe Noblemen , Barons , Ministers , Burgesses , and Commons ; That whereas we were in humble and quiet manner attending a gracious answer of our former supplications against the Service Book imposed upon us , and readie to shew the great inconveniences which upon the introduction thereof must ensue , we are , without any knowne desert , farre by our expectation , surprised and charged by publike Proclamation to depart out of the town within twentie foure houres thereafter , under paine of Rebellion ; by which peremptorie and unusuall charge , our feares of a more severe and strict course of proceeding are augmented , and course of our supplication interrupted : wherefore we are constrained , out of the deep griefe of our hearts , humbly to remonstrate , that whereas the Arch-bishops and Bishops of this Realme , being intrusted by his Majestie with the government of the affaires of the Church of Scotland , have drawne up and set forth , and caused to be drawne up and set forth , and injoyned upon the subjects two Books ; In the one whereof , called the Book of Common prayer , not onely are sowne the seeds of divers Superstitions , Idolatrie , and false doctrine , contrarie to the true Religion established within this Realme by divers Acts of Parliament ; But also the Service Booke of England is abused , especially in the matter of Communion , by additions , subtractions , interchanging of words and sentences , falsifying of titles , and misplacing of Collects , to the disadvantage of Reformation , as the Romish Masse is , in the more substantiall points , made up therein , as we offer to instruct in time and place convenient , quite contrarie unto and for reversing the gracious intention of the * blessed Reformers of Religion in England . In the other book called Canons and Constitutions for the government of the Church of Scotland , they have ordained , That whosoever shall affirme that the forme of worship inserted in the Booke of Common Prayer and Administration of the Sacraments , whereof heretofore and now we most justly complaine , doth containe any thing repugnant to the Scriptures , or are corrupt , superstitious , or unlawfull in the service and worship of God , shall be excommunicated , and not be restored but by the Bishop of the place , or Archbishop of the Province , after his repentance and publicke revocation of this his wicked errour ; Besides one hundred Canons moe , many of them tending to the reviving and fostering of abolished superstitions and errours , and to the overthrow of our Church Discipline established by Acts of Parliament , opening a doore for what further invention of Religion they please to make , and stopping the way which Law before did allow unto us for suppressing of errour and superstition ; And ordaining , That where in any of the Canons there is no penalty expresly set down , the punishment shall be arbitrary as the Bishop shall think fittest : All which Canons were never seen nor allowed in any Generall Assembly , but are imposed contrary to order of law , appointed in this Realm for establishing Constitutions Ecclesiasticall ; unto which two books , the foresaid Prelates have under trust procured his Majesties Royall hand and Letters Patents , for pressing the same upon his loyall subjects , and are the Contrivers and Devisers of the same , as doth clearly appear by the Frontispice of the Book of Common Prayer , and have begun to urge the acceptance of the same , not onely by injunctions given in Provinciall Assemblies , but also by open Proclamation and charge of Horning , whereby we are driven in such straites as we must either by Processe of Excommunication and Horning suffer the ruine of our estates and fortunes , or else by breach of our Covenant with God , and forsaking the way of true Religion , fall under the wrath of God , which unto us is more grievous then death . VVherefore we being perswaded that these their proceedings are contrary to our gracious Soveraign hispious intention , who out of his zeale and Princely care of the preservation of true Religion established in this his ancient Kingdome , hath ratified the same in his Highnesse Parliament 1633 ▪ And so his Majestie to be highly wronged by the said Prelates , who have so farre abused their credit with so good a King , as thus to insnare his subjects , rend our Church , undermine Religion in Doctrine , Sacraments , and Discipline , move discontent between the King and his subjects , and discord between subject and subject , contrary to severall Acts of Parliament : VVe out of bound duty to God , our King and native Countrey , complain of the foresaid Prelates , humbly craving , that this matter may be put to tryall , and these our parties taken order with according to the lawes of the Realm ; And that they be not suffered to sit any more as Judges , untill the cause be tryed and decided according to Justice . And if this shall seeme to bee to you a matter of higher importance then you will condescend unto , before his Majesty bee acquainted therewith , Then wee humbly supplicate that this our grievance and complaint may be fully represented to his Majestie , That from the influence of his Gracious Soveraigntie and Justice these wrongs may bee redressed , and wee have the happinesse to injoy the Religion , as it hath beene reformed in this Land. IN this Petition it is worthy the observing , that they complaine of the mangling of the English Service Booke , and of the abuses offered unto it , and the wronging of the intentions of the blessed Reformers of Religion here in this Kingdome , whereas in their Sermons and ordinarie discourse , they doe usually inveigh against the Service Booke here , for being stuffed with Superstition and Poperie , and that the first Reformers of this Church never departed fully from Rome : And in this last Petition they begin to make their grievances swell , adding their dislike of the Booke of Canons to their former distaste of the Service Book ; the occasion of Our authorising of which Booke of Canons , was this . As Wee were desirous to settle one uniforme forme of publike Prayer and Divine Service throughout that Our Kingdom , and for that purpose authorized the Service Book , so We conceived that it was not only expedient , but necessary that there should be one uniforme forme of Church government throughout the same , and because there was no booke extant containing any rules of such governement , so that neither the Clergie nor Laity had any certaine rule either of the ones power , or of the others practise and obedience , and considering that the Acts of their generall Assemblies were but written , and not printed , and so large and voluminous , as it is impossible that so many copies of them should be transcribed , as that they may come to the use and knowledge of many , and so Apocryphall , as that few or none of themselves can tell which of them are authenticall , and so unsafely and uncertainely kept , that they do not know whither to addresse themselves for finding of them , Wee could not imagine but that it should have beene acknowledged , and received with all thankfulnesse , that We had reduced their numerous Acts , and those not knowne to them , to such a paucitie of Canons , and those published , that none could be insnared through ignorance , nor complaine that they were over-charged with the multiplicitie of them : For it may be averred with unquestionable certaintie , that not one in that Our Kingdome did either live under the obedience of the Acts of the generall Assemblies , or did know what they were , or where certainely to have them : And yet these men have interpreted Our furthering their knowledge and facilitating and conveniencing their obedience for one of the most grievous burthens was ever laid upon them : But no wonder it is , if when mens minds are once out of taste with government nothing tending to order relisheth well with them . Their petition was sent up to Us by Our Councell : But Wee seeing no signe of repentance for , or disavowing of their late tumults , untill some order might be taken for the finding out and punishment of the authors of them , resolved to delay the answering of their petition , but in the meane time commanded Our Councell to signifie to all Our good subjects Our aversnesse from Poperie , and detestation of Superstition , the contrarie suggestions whereof We found the heads of this Rebellion had used for abusing of Our loyall subjects , and so accordingly Our Councell caused a Proclamation to be made at Lithgow , which was this . Apud Linlithgow septimo Decemb. 1637. FOr as much as the Kings Majestie , having seene the Petition presented to the Lords of his Majesties privie Councell , and by them sent up to his Majestie concerning the Service Book , determined to have taken the same into his Royall consideration , and to have given his gracious answer thereanent with all conveniencie : Like as his Majestie by his letters to his Councell of the date of the ninth of October last , did signifie his gracious resolution to the effect aforesaid . But since that time , his Majestie finding ( farre contrarie to his expectation ) that such disorderly , tumultuous and barbarous insolenceis have beene committed within the Citie of Edinburgh upon the eighteenth of October last , to the great contempt of his Majesties Royall authoritie , by abusing his Majesties Councellors and Officers of State , with others bearing charge and authoritie under his Majestie within the said Citie : His Majestie in a just resentment of that foule indignitie , ( wherein his Majesties Honour did so much suffer ) hath beene mooved to delay the signification of his Majesties gracious intention , in giving to his subjects such satisfactorie answers to their Petitions as in equitie might have been expected from so just and religious a Prince ; But yet his Majestie being unwilling that his Loyall and faithfull subjects should be possessed with groundlesse and uncessarie doubts and feares , His Majestie is pleased out of his goodnesse to declare , like as by these presents hee declareth , That as he abhorreth all Superstition of Poperie , so he will be most carefull that nothing be allowed within his Majesties Dominions , but that which shall tend to the advancement of the true Religion , as it is presently professed within his most ancient Kingdome of Scotland : And that nothing is or was intended to be done therein against the laudable lawes of this his Majesties native Kingdome . And ordaineth publication to bee made hereof in forme as a foresaid . AT this time We sent into Scotland the Earle of Roxburgh Lord privie ▪ Seale , with certaine instructions to Our Councell for ordering these disordered affaires ; according to which they appointed the Councell to sit at Dalkeith , being not above foure miles from Edinburgh , that so they might the more easily know what passed in that place , now become the seat of the Rebellion ; and they removed the Session or Terme from Lithgow to Sterlin , a place of 24. miles distance from Edinburgh , that so the huge disorderly multitudes there assembled , might be dispersed , by the necessitie of the attendance of such as had any Law-businesse : At the same time the Earle of Traquair Lord Treasurer of that Kingdome , whom Wee had sent for hither , was returned back with directions from Us : He , with Our Lord privie Seale & other principall Councellers , repaired to Sterlin , where by Our commandement they caused a Proclamation to be made for the dispersing of the huge and dangerous multitudes there assembled , and the assuring of Our subjects of Our sinceritie towards the Religion established in that Our Kingdom : And there first , the Nobilitie , Gentrie , Ministers , and Burgesses did the same thing which they themselves called the uproare of Rascalls at the first reading of the Service Book in the Churches of Edinburgh , and which they condemned , but in milder tearmes , by the name of an unjustifiable act , in that great sedition at Edinburgh on the eighteenth of October 1637 : For by them , first at Sterlin , then at Lithgow , and last at Edinburgh , was made the first avowed affront to Us , Our authoritie and Lawes : For at Sterlin Our Proclamation being made , the Earle of Hume and the Lord Lindsey , assisted with many others of all ranks , made a Protestation against the same ; which Protestation was afterward repeated at Lithgow , and last at Edinburgh , where , when upon the Crosse , Our Proclamation was made by Our Officers with sound of Trumpets , and assisted with Our Heralds with Our coats of Armes upon their backs , it was received , while it was in reading , with jeering and laughing , and after it was ended with a Protestation against it , made by many Earles , Lords , Ministers , and Burgesses , and the conflux of all other sorts of people , who were all of them so malapert as not to suffer Our Heralds and Officers to come off the Crosse , but forced them to stay and heare their Protestation against Our Proclamation , as if both had been made by the same authoritie : And if this now were not a higher act of Rebellion then either the first tumult raised in the Churches , against which they so much declamed , or the second insurrection at Edinburgh , which they so much disclamed , Wee leave it to the world to judge : The copies both of Our Proclamation and their Protestation We have here inserted , that themselves , as well as others , may see that We wrong not the truth . CHARLES by the grace God , King of great Britaine , France , and Ireland , defender of the faith , &c. To Our Lovits , &c. Our Sheriffes in that part conjunctly and severally , specially constituted , greeting . For as much as Wee , out of Our Princely care of maintenance of the true Religion already professed , and for beating downe of all superstition , having ordained a Book of Common prayer to be compiled for the generall use and edification of Our subjects within Our ancient Kingdome of Scotland , the same was accordingly done : In the performing whereof , We took great care and paines ; So as nothing past therein but what was seene and approved by Us , before the same was either divulged or printed , assuring all Our loving subjects , that not onely Our intention is , but even the verie Book will be a readie meanes to maintaine the true Religion alreadie professed , and beat out all Superstition ; Of which We in Our owne time do not doubt but in a faire course to satisfie Our good subjects . But having seene and considered some Petitions and Declarations given in to Our Councell against the said Book and late Canons of the Church , We find Our Royall Authoritie much injured thereby , both in the matter and in the carriage thereof ; whereby We conceive these of Our Nobility , Gentrie , Burroughs , Ministers , and others , who kept and assisted these meetings and Convocations for contriving and forming the said Petitions , or who have subscribed the same , to deserve and bee liable to Our high censure , both in their persons and fortunes , as having conveened themselves without either Our consent or authoritie ; Yet because We beleeve that what they have done herein is out of a preposterous zeale , and not out of any disloyaltie or disaffection to Soveraigntie , We are graciously pleased in so farre as concernes these meetings for consulting or subscribing of these Petitions , or presenting the same to any Judge or Judges in Our said Kingdome , to dispense therewith , and with what may bee their fault or errour therein , to all such as upon signification or declaration of Our pleasure shall retire themselves as becommeth good and dutifull subjects : To which purpose Our will is , and We charge you straightly , and command , that incontinent these Letters seene , you passe , and in Our name and authoritie make intimation hereof , to all Our lieges and subjects , by open Proclamation at all places needfull , wherethrough none pretend ignorance thereof ; And therewith also , That you in Our name and authoritie discharge all such convocations and meetings in time comming , under the paine of treason : And also that you command , and charge , and inhibit all Our lieges and subjects , that none of them presume nor take in hand to resort nor repaire to Our Burgh of Sterling , nor to no other Burgh , where Our Councell and Session sits , till first they declare their cause of comming to our Councell , and procure their warrant to that effect . And further , that you command and charge all and sundrie Provosts , Bailiffes , and Magistrates within Burgh , That they and everie one of them have a speciall care and regard to see this Our Royall will and pleasure really and dutifully obeyed in all points ; And that no violation thereof be suffered within their bounds , under all highest paine , crime , and offence that they may commit against Us in that behalfe : As also that you command and charge all and sundrie Noblemen , Barons , Ministers and Burrowes , who are not actuall indwellers within this Our Burgh , and are not of the number of the Lords of our privie Councell and Session , and members thereof , and are already within this Our Burgh , that they , and everie one of them ▪ remove themselves , and depart and passe forth of Our said Burgh , and returne not againe , without the warrant aforesaid , within six houres after the publication hereof , under the said paine of treason . And as concerning any Petitions that hereafter shall be given unto Us , upon this or any other subject , Wee are likewise pleased to declare , that We will not shut Our eares therefrom ; so that neither the matter nor forme be prejudiciall to Our Regall Authoritie . The which to do We commit to you , conjunctly and severally , Our full power by these Our Letters , delivering the same by you duely execute and indorsed againe to the bearer . Given under Our signet at Sterling the nineteenth day of February , And of Our Reigne the thirteenth yeere , 1638. Per actum Secreti Concilii . Here followeth their Protestation . For God and the King. WE Noblemen , Barons , Ministers , Burrowes , appointed to attend his Majesties answer to our humble Petition and complaint , and to preferre new grievances , and to do what else may lawfully conduce to our humble desires ; That whereupon the 23. of September last , wee presented a Supplication to your Lordships , and another upon the 18. of October last , and also a new Bill relative to the former upon the 19. of December last , and did therein humbly remonstrate our just exceptions against the Service Book , and Book of Canons ; and also against the Arch-bishops and Bishops of this Kingdome , as the contrivers , maintainers , and urgers thereof , and against their sitting as our Judges untill the cause be decided ; earnestly supplicating withall to bee freed and delivered from these and all other innovations of that kinde , introduced against the laudable Lawes of this Kingdome ; as that of the High Commission , and other evils particularly mentioned , and generally contained in our foresaid supplications and complaints , and that this our partie delinquent against our Religion and Lawes may be taken order with , and these pressing grievances may be taken order with and redressed according to the Lawes of this Kingdome , as by our said supplications and complaints more largely doth appeare : With the which on the 19. of December last , we gave in a Declinator against the Arch-bishops and Bishops as our parties , who by consequence could not be our Judges ; wherupon your Lordships declared by your Act at Dalkeith the said 19. of December , that you would present our Petitions to his Majesties Royall consideration , and that without prejudice of the Declinator given in by us the said supplicants ; wherupon we should be heard at place and time convenient , And in the meane time should receive no prejudice , as the said Act in it selfe beareth . And whereas we your Lordships supplicants with a great deale of patience , and hope also , grounded on sundry promises , were expecting an answere to these our humble desires , and having learned that upon some directions of His Majesties anent our supplications and complaint unto your Lordships of the Secret Councell , your Lordships admits to the consulting and judging anent our supplications , and His Majesties answere thereunto , the Archbishops and Bishops our direct parties , contrarie to our Declinator first propounded at Dalkeith , and now renewed at Sterling ; and * contrarie to your Lordships Act aforesaid at Dalkeith , and contrarie to our Religion , and Lawes , and humble supplications . Therefore lest our silence be prejudiciall to this so important a cause , as concernes Gods glorie and worship , our Religion , Salvation , the Lawes and Liberties of this Kingdome , or derogatorie to the former supplications and complaints , or unanswerable to the trust of our Commission ; out of our bound dutie to our God , our King and native Countrey , we are forced to take instruments in Notaries hands , of your Lordships refusall to admit our Declinator , or remove these our Parties , and to protest in manner following : First , That we may have our immediate recourse to our sacred Soveraign , to present our grievances , and in a legall way to prosecute the same before the ordinarie competent Judges , Civill or Ecclesiasticall , without any offence offered by us , or taken by your Lordships . Secondly , VVe protest that the said Archbishops and Bishops , our Parties complained upon , cannot be reputed or esteemed lawfull Judges to fit in any Judicatorie in this Kingdome , Civill or Ecclesiasticall , upon any of the supplicants , untill after lawfull tryall judicially they purge themselves of such crimes as we have already laid to their charge , offering to prove the same whensoever His Sacred Majestie shall please to give us audience . Thirdly , VVe protest that no Act nor Proclamation to follow thereupon , past , or to be past in Councell or out of Councell , in presence of the Archbishops and Bishops , whom we have already declined to be our Judges , shall any wayes be prejudiciall to us the supplicants , our persons , estates , lawfull meetings , proceedings , or pursuits . Fourthly , VVe protest that neither we nor any whose heart the Lord moveth to joine with us in these our supplications against the foresaid Innovations , shall incurre any danger , in life , lands , or any Politicall or Ecclesiasticall paines , for not observing such Acts , Bookes , Canons , Rites , Judicatories , Proclamations , introduced without or against the Acts of Generall Assemblies , or Acts of Parliament , the Statutes of this Kingdome ; But that it shall be lawfull to us or them to use our selves in matters of Religion of the externall worship of God and Policie of the Church , according to the word of God , and laudable Constitutions of this Church and Kingdome , conforme to His Majesties Declaration the ninth of December last . Fifthly , seeing by the legall and submisse way of our former supplications , all who takes these Innovations to heart , have been kept calme and carried themselves in a quiet manner , in hope of redresse ; VVe protest that if any inconvenience shall happen to fall out ( which we pray the Lord to prevent ) upon the pressing of any of the foresaid Innovations or evils , specially or generally contained in our former supplications and complaints , and upon your Lordships refusall to take order thereanent , the same be not imputed to us , who most humbly seeks all things to be reformed by an Order . Sixthly , we protest that these our requests , proceeding from conscience and a due respect to His Majesties honour , doe tend to no other end , but to the preservation of the true reformed Religion , the lawes and liberties of this His Majesties most ancient Kingdome , and satisfaction of our most humble desires contained in our supplication and complaint , according to his Majesties accustomed goodnesse and justice , from which we doe certainely expect that His Sacred Majestie will provide and grant such remedie to our just petitions and complaints , as may be expected from so gracious a King toward most loyall and dutifull subjects , calling for redresse of so pressing grievances , and praying to God that his Majestie may long and prosperously reigne over us . AGainst which Protestation We shall now say nothing , because it is contained & repeated in another larger Protestation of theirs , which shall be inserted hereafter , and there it shall receive a full answer : Onely We desire the Reader to observe these two things in it ; First , the iniquitie and injustice of their demanding some of our Bishops to be removed from our Councell , nay , and ( which We think never was heard before ) their protesting against all Acts to be done and passed in our Councell at which any of them shall be present , alledging , that this their Protestation against them , and Declinator of them , maketh them to be parties , and so they cannot be Judges ; and withall they require them first to be removed , and then promise they will make proofe of such crimes against them as shall declare the justice of their removall ; which is all one as to intreat them first to condemn a man , and then to trie him : And if a Protestation against their sitting in Councell , and a Declinator of Our Councells authoritie ( neither of them admitted by our Councell ) shall make some Councellours to be parties , and invalidate all Acts of Councell so long as these Councellours whom they have fancied to be parties sit there ; how their last pretended generall Assembly , against which there were so many Protestations made both by the Bishops and others , and which by all these Protesters was declined as Judge , because the members of it had all made themselves parties , can be counted a lawfull generall Assembly , or the members of it lawfull Judges , We leave it to themselves to reconcile : And if they should say , that these Protestations and Declinators against the Assembly were repelled by the Assembly , who was the sole Judge of them , let them remember , that their Protestation against the Bishops , and their Declinator against Our Councels authoritie , if they should not eject them , were both of them , likewise repelled and rejected by Our Councell , who was the onely true Judge of them , their last pretended Assembly being no true but onely a pretended Judge of the others , after the Assembly was dissolved by Our authoritie . And secondly , We shall desire the Reader to observe , that their demands in this Protestation are very farre short of those which are made by them in their succeeding Protestations , which swell with farre more bold and insolent demands then this doth , although this be bold and insolent enough : But it is an usuall course with the heads of all Rebellions , to draw in that partie , by whose power they intend to make good their wicked plots , with small things at the first , concealing from them the depth of their intentions , untill they have engaged them so farre , as they can make them beleeve that there is no safety in retreating , when their crimes are past hope of pardon . And now after this their first Protestation , begun the most unnaturall , causlesse , and horrible Rebellion that this or perhaps any other age in the world hath been acquainted with : For now these Protesters begin to invest themselves with the supreme Ensignes and Markes of Majestie and Soveraigntie , by erecting publike Tables of advice and Councell , for ordering the affaires of the Kingdome , without Our authoritie , and in contempt of Us and Our Councell established by Us there , and by entring into a Covenant and most wicked Band and combination against all that shall oppose them , not excepting Our owne Person , directly against the law of God , the law of Nations , and the municipall lawes of that Our Kingdome : So that after this their Protestation , they perfected that which they had before begun confusedly , and as it were in a ruder draught : For then , contrarie to Our expresse commandement and authoritie expressed in Our last Proclamations , and repeated unto them by Our Councell , they did erect a great number of Tables ( as they called them ) in Edinburgh ▪ Foure principall , One of the Nobilitie , another of the Gentrie , a third of the Burroughes , a fourth of Ministers ; and the Gentrie had manie subordinate Tables , according to their severall Shires : These severall Tables did consult of what they thought fit to bee propounded at the generall Table , which consisteth of severall Commissioners chosen from the other foure Tables ; and what they of the generall Table resolved on , was to be put in practice with a blinde and Jesuiticall obedience : A rare and unheard forme of Government in a Kingdome whose Government ever was Monarchicall , and which they themselves still say continueth to be so : Sure these meetings by wise men have been accounted rather Stables of unruly horses , broken loose and pulling downe all they can reach , then Tables for the consultations of wise and rationall men . Now the first dung which from these Stables was throwne upon the face of Authoritie and Government , was that lewd Covenant , and seditious Band annexed unto it , which We here subjoine , because We are confident that by the verie recitall and perusall of it , every religious and wise man may run and read that sentence of condemnation which it carrieth in its owne front . THE CONFESSION OF FAITH OF THE KIRK OF SCOTLAND , SUBSCRIBED By the Kings Majestie and his Houshold in the yeare of God 1580. WITH A Designation of such Acts of Parliament as are expedient for justifying the union after mentioned ; And Subscribed by the Nobles , Barons , Gentlemen , Burgesses , Ministers , and Commons , in the yeare of God 1638. JOSH. 24.25 . So Joshua made a Covenant with the people the same day , and gave them an Ordinance and Law in Sichem . 2 KING . 11.17 . And Jehoiada made a Covenant between the Lord and the King , and the people , that they should be the Lords people ; likewise betweene the King and the people . ISAIA 44.5 . One shall say , I am the Lord : another shall be called by the name of Jacob : and another shall subscribe with his hand unto the Lord , &c. The Kings Majesties Charge , to all Commissioners and Ministers within this Realme , in the yeare of God 1580. SEeing that VVe and Our Houshold have Subscribed and given this publike Confession of Our Faith , to the good example of Our subjects , VVe command and charge all Commissioners and Ministers , to crave the same Confession of their Parochianars , and proceed against the refusers , according to Our Lawes and Order of the Kirk , delivering their names and lawfull processe to the Ministers of Our House , with all haste and diligence , under the paine of fourtie pound to be taken from their stipend , that VVe , with the advice of Our Councell , may take order with such proud contemners of God and Our Lawes . Subscribed with Our Hand , at Haly-rud-house , 1580. the 2. day of March , the 14. yeare of Our Reigne . The Confession of Faith of the Kirke of SCOTLAND . The confession of Faith , subscribed at first by the Kings Majesty and His Houshold , in the yeere of God 1580. Thereafter , by Persons of all rankes , in the yeere 1581. by ordinance of the Lords of the Secret Councell , and Acts of the Generall Assembly . Subscribed againe by all sorts of Persons in the yeere 1590. by a new Ordinance of Councell , at the desire of the Generall Assembly : With a generall Band for maintenance of the true Religion and the Kings Person . And now subscribed in the yeere 1638. by us , Noblemen , Barons , Gentlemen , Burgesses , Ministers , and Commons under subscribing : Together with our resolution and promises , for the causes after specified , To maintaine the said true Religion , and the Kings Majestie , according to the Confession foresaid , and Acts of Parliament . The Tenor whereof here followeth . WEe All , and every one of us underwritten , Protest , That , after long and due examination of our owne Consciences , in matters of true and false Religion , are now throughly resolved of the Truth , by the Word and Spirit of God , and therefore we beleeve with our hearts , confesse with our mouths , subscribe with our hands , and constantly affirme before God and the whole World ; that this only is the true Christian Faith and Religion , pleasing God , and bringing Salvation to man , which now is by the mercy of God revealed to the world , by the preaching of the blessed Evangel . And received , beleeved , and defended , by many and sundry notable Kirks and Realmes , but chiefly by the Kirk of Scotland , the Kings Majestie , and three Estates of this Realm , as Gods eternall Truth , and onely ground of our Salvation : as more particularly is expressed in the Confession of our Faith , stablished , and publikely confirmed by sundry Acts of Parliaments , and now of a long time hath been openly professed by the Kings Majestie , and whole body of this Realme , both in Burgh and Land. To the which Confession and forme of Religion , wee willingly agree in our consciences in all points , as unto Gods undoubted Truth and Verity , grounded onely upon his written Word . And therefore , Wee abhorre and detest all contrarie Religion , and Doctrine : But chiefly , all kinde of Papistrie , in generall and particular heads , even as they are now damned and confuted by the Word of God , and Kirk of Scotland : but in speciall we detest and refuse the usurped authoritie of that Roman Antichrist , upon the Scriptures of God , upon the Kirk , the civill Magistrate , and Consciences of men . All his tyrannous lawes made upon indifferent things against our Christian libertie . His erroneous Doctrine , against the sufficiencie of the written VVord , the perfection of the Law , the office of Christ and his blessed Evangel . His corrupted Doctrine concerning originall sinne , our naturall inabilitie and rebellion to Gods Law , our justification by faith onely , our imperfect sanctification and obedience to the Law , the nature , number , and use of the holy Sacraments . His five bastard Sacraments , with all his Rites , Ceremonies , and false Doctrine , added to the ministration of the true Sacraments without the VVord of God. His cruell judgement against Infants , departing without the Sacrament : his absolute necessitie of Baptisme : his blasphemous opinion of Transubstantiation , or reall presence of Christs body in the Elements , and receiving of the same by the wicked , or bodies of men . His dispensations with solemn oaths , perjuries , and degrees of Marriage forbidden in the VVord : his crueltie against the innocent divorced : his divellish Masse ▪ his blasphemous Priesthood : his profane Sacrifice for the sins of the dead and the quick : his Canonization of men , calling upon Angels or Saints departed , worshipping of Imagerie , Relicks , and Crosses , dedicating of Kirks , Altars , Daies , Vowes to creatures ; his Purgatorie , praiers for the dead , praying or speaking in a strange language , with his Processions and blasphemous Letanie , and multitude of Advocates or Mediators : his manifold Orders , Auricular Confession : his desperate and uncertaine repentance ; his generall and doubtsome faith ; his satisfactions of men for their sins : his justification by works , opus operatum , works of supererogation , Merits , Pardons , Peregrinations , and Stations : his holy VVater , baptising of Bels , conjuring of Spirits , crossing , saning , anointing , conjuring , hallowing of Gods good creatures , with the superstitious opinion joined therewith : his worldly Monarchy , and wicked Hierarchie : his three solemne vowes , with all his shavelings of sundry sorts , his erroneous and bloudie decrees made at Trent , with all the subscribers and approvers of that cruell and bloudie Band , conjured against the Kirk of God : and finally , we detest all his vain Allegories , Rites , Signs , and Traditions , brought in the Kirk , without or against the VVord of God , and Doctrine of this true reformed Kirk ; to the which we joyne our selves willingly , in Doctrine , Faith , Religion , Discipline , and use of the Holy Sacraments , as lively members of the same , in Christ our Head : promising , and swearing by the Great Name of the Lord our GOD , that we shall continue in the obedience of the Doctrine and Discipline of this Kirk , and shall defend the same according to our vocation and power , all the dayes of our lives , under the paines contained in the Law , and danger both of body and soule in the day of Gods fearfull Judgement : and seeing that many are stirred up by Satan and that Romane Antichrist to promise , sweare , subscribe , and for a time use the Holy Sacraments in the Kirk deceitfully , against their owne consciences , minding thereby , first , under the externall cloake of Religion , to corrupt and subvert secretly Gods true Religion within the Kirk , and afterward , when time may serve , to become open enemies and persecuters of the same , under vaine hope of the Popes dispensation , devised against the Word of God , to his greater confusion , and their double condemnation in the day of the LORD JESUS . We therefore , willing to take away all suspition of hypocrisie , and of such double dealing with God and his Kirk , Protest , and call The Searcher of all hearts for witnesse , that our minds and hearts do fully agree with this our Confession , Promise , Oath and Subscription ; so that we are not moved for any worldly respect , but are perswaded only in our Consciences through the knowledge and love of Gods true Religion , printed in our hearts by the holy Spirit , as we shall answer to Him in the day when the secrets of all hearts shall be disclosed . And because we perceive that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie , as upon a comfortable instrument of Gods mercy granted to this Countrey for the maintaining of His Kirk , and ministration of Justice amongst us , wee protest and promise with our hearts under the same Oath , Hand-writ , and paines , that wee shall defend His Person and Authority , with our goods , bodies , and lives , in the defence of Christ his Evangel , Liberties of our Countrey , ministration of Justice , and punishment of iniquity , against all enemies within this Realme , or without , as we desire our God to be a strong and mercifull Defender to us in the day of our death , and comming of our Lord Jesus Christ : To whom , with the Father , and the Holy Spirit , be all honour and glorie eternally . LIke as many Acts of Parliament not onely in generall doe abrogate , annull , and rescind all Lawes , Statutes , Acts , Constitutions , Canons civill or Municipall , with all other Ordinances and practicke penalties whatsoever , made in prejudice of the true Religion and Professours thereof : Or , of the true Kirk discipline , jurisdiction and freedome thereof : Or , in favours of Idolatrie and superstition : Or , of the Papisticall Kirk : As , Act. 3. Act. 31. Parl. 1 ▪ Act. 23. Parl. 11. Act. 114. Parl. 12. of King James the sixt , That Papistrie and Superstition may be utterly suppressed , according to the intention of the Acts of Parlament reported in Act. 5. Parl. 20. K. James 6. And to that end they ordaine all Papists and Priests to be punished by manifold Civill and Ecclesiasticall paines , as adversaries to Gods true Religion , preached and by law established within this Realme , Act. 24. Parl. 11. K. James 6. as common enemies to all Christian government , Act. 18. Parl. 16. K. James 6. as rebellers and gainstanders of our Soveraigne Lords authoritie , Act. 47. Parl. 3. K. James 6. and as Idolaters , Act. 104. Parl. 7. K. James 6. but also in particular ( by and attour the Confession of faith ) do abolish and condemne the Popes authoritie and jurisdiction out of this land , and ordaines the maintainers thereof to be punished , Act. 2. Parl. 1. Act. 51. Parl. 3. Act. 106. Parl. 7. Act. 114. Parl. 12. K. James 6. do condemne the Popes erroneous doctrine , or any other erroneous doctrine repugnant to any of the Articles of the true and Christian Religion publikely preached , and by Law established in this Realm : And ordaines the spreaders and makers of Books or Libels , or Letters , or writs of that nature to be punished , Act. 46. Parl. 3. Act. 106. Parl. 7. Act. 24. Parl. 11. K. James 6. doe condemne all Baptisme conform to the Popes kirk and the idolatry of the Masse , and ordaines all sayers , wilfull hearers , and concealers of the Masse , the maintainers and resetters of the Priests , Jesuites , traffiquing Papists , to be punished without any exception or restriction ▪ Act. 5. Parl. 1. Act. 120. Parl. 12. Act. 164. Parl. 13. Act. 193. Parl. 14. Act. 1. Parl. 19. Act. 5. Parl. 20. K. James 6. do condemne all erroneous books and writs containing erroneous doctrine against the Religion presently professed , or containing superstitious Rites and Ceremonies Papisticall , whereby the people are greatly abused , and ordaines the homebringers of them to be punished , Act. 25. Parl. 11. K. James 6. do condemn the monuments and dregs of bygane Idolatrie , as going to Crosses , observing the Festivall dayes of Saincts , and such other superstitious and Papisticall Rites , to the dishonour of God , contempt of true Religion , and fostering of great errour among the people , and ordaines the users of them to be punished for the second fault as Idolaters , Act. 104. Parl. 7. K. James 6. Like as many Acts of Parlament are conceived for maintenance of Gods true and Christian Religion , and the puritie thereof in Doctrine and Sacraments of the true Church of God , the libertie and freedome thereof , in her Nationall , Synodall Assemblies , Presbyteries , Sessions , Policie , Discipline and Jurisdiction thereof , as that puritie of Religion and libertie of the Church was used , professed , exercised , preached , and confessed according to the reformation of Religion in this Realm . As for instance , Act. 99. Parl. 7. Act. 23. Parl. 11. Act. 114. Parl. 12. Act. 160. Parl. 13. K. James 6. ratified by Act. 4. K. Charles . So that Act. 6. Parl. 1. and Act. 68. Parl. 6. of K. James 6. in the yeare of God 1579. declares the Ministers of the blessed Evangel , whom God of his mercie had raised up , or hereafter should raise , agreeing with them that then lived in Doctrine and administration of the Sacraments , and the people that professed Christ , as he was then offered in the Evangel , and doth communicate with the holy Sacraments ( as in the reformed kirkes of this Realme they were presently administrate ) according to the Confession of Faith , to be the true and holy kirk of Christ Jesus within this Realme , and decernes and declares all and sundrie , who either gainsayes the VVord of the Evangel , received and approved as the heads of the Confession of Faith , professed in Parlament in the yeare of God 1560. specified also in the first Parlament of K. James 6. and ratified in this present Parlament , more particularly do specifie ; or that refuses the administration of the holy Sacraments , as they were then ministrated , to be no members of the said kirk within this Realme , and true Religion presently professed , so long as they keepe themselves so divided from the societie of Christs bodie : And the subsequent Act. 69. Parl. 6. K. James 6. declares , That there is no other face of kirke , nor other face of Religion , then was presently at that time , by the favour of God , established within this Realme , which therefore is ever stiled Gods true Religion , Christs true Religion , the true and Christian Religion , and a perfect Religion . Which , by manifold Acts of Parlament , all within this Realme , are bound to professe to subscribe the articles thereof , the Confession of Faith , to recant all doctrine and errours repugnant to any of the said Articles , Act. 4. and 9. Parl. 1. Act. 45.46.47 . Parl. 3. Act. 71. Parl. 6. Act. 106. Parl. 7. Act. 24. Parl. 11. Act. 123. Parl. 12. Act. 194. and 197. Parl. 14. of K. James 6. And all Magistrates , Sheriffes , &c. on the one part , are ordained to search , apprehend , and punish all contraviners : for instance , Act. 5. Parl. 1. Act. 104. Parl. 7. Act. 25. . Parl. 11. K. James 6. And that , notwithstanding of the Kings Majestes licences on the contrary , which are discharged and declared to be of no force , in so farre as they tend in any wayes to the prejudice and hinder of the execution of the Acts of Parlament against Papists , and adversaries of true Religion , Act. 106. Par. 7. K. James 6. on the other part , in the 47. Act. Parl. 3. K. James 6. it is declared and ordained , seeing the cause of Gods true Religion and his Highnesse Authority are so joyned , as the hurt of the one is common to both ; and that none shall be reputed as loyall and faithfull subjects to our Soveraigne Lord , or his Authority , but be punishable as rebellers and gainstanders of the same , who shall not give their Confession , and make their profession of the said true Religion ; and that they who after defection shall give the Confession of their faith of new , they shall promise to continue therein in time comming , to maintaine our Soveraigne Lords Authoritie , and at the uttermost of their power to fortifie , assist , and maintaine the true Preachers and Professours of Christs Religion , against whatsoever enemies and gainstanders of the same : and namely , against all such of whatsoever nation , estate , or degree they be of , that have joyned and bound themselves , or have assisted or assists , to set forward and execute the cruell decrees of Trent , contrary to the Preachers and true Professours of the Word of God , which is repeated word by word in the Articles of Pacification at Pearth the 23 of February 1572. approved by Parlament the last of Aprill 1573. ratified in Parlament 1578. And related , Act. 123. Parl. 12. of K. James 6. with this addition , That they are bound to resist all treasonable uproares and hostilities raised against the true Religion , the Kings Majestie , & the true Professors . Like as all lieges are bound to maintain the K. Majesties Royal Person and authority , the authority of Parlaments , without the which neither any laws or lawful judicatories can be established , Act. 130. Act. 131. Par. 8. K. Ja : 6. & the subjects liberties , who ought only to live and be governed by the Kings lawes , the common lawes of this Realm allanerly , Act. 48. Parl. 3. K. James 1. Act. 79. Parl. 6. K. James 4 : repeated in Act. 131. Parl. 8. K. James 6. VVhich , if they be innovated or prejudged , the Commission anent the union of the two kingdomes of Scotland and England , which is the sole Act of the 17. Parl. of K. James 6. declares , such confusion would ensue , as this Realme could be no more a free Monarchie , because by the fundamentall lawes , ancient priviledges , offices and liberties of this kingdome , not onely the Princely authoritie of his Majesties royall discent hath bin these manie ages maintained , but also the peoples securitie of their lands , livings , rights , offices , liberties & dignities preserved ; and therefore for the preservation of the said true Religion , Lawes , and Liberties of this kingdome , it is statute by Act. 8. Parl. 1. repeated in Act. 99. Parl. 7. ratified in Act. 23. Parl. 11. and 114. Act. of K. James 6. and 4. Act. of K. Charles , That all kings and Princes at their Coronation and reception of their Princely authoritie , shall make their faithfull promise by their solemn oath in the presence of the eternall God , that enduring the whole time of their lives , they shall serve the same eternall God , to the uttermost of their power , according as he hath required in his most holy VVord , contained in the old and new Testaments . And according to the same VVord , shall maintain the true Religion of Christ Jesus , the preaching of his holy VVord , the due and right ministration of the Sacraments , now received and preached within this Realme ( according to the Confession of Faith immediately preceding ) and shall abolish and gainstand all false Religion , contrarie to the same , and shall rule the people committed to their charge , according to the will and command of God revealed in his foresaid VVord , and according to the lowable lawes and constitutions received in this Realm , no waies repugnant to the said will of the eternall God , and shal procure , to the uttermost of their power , to the kirk of God , and whole Christian people , true and perfit peace in all time comming ; and that they shall be carefull to root out of their Empire all Hereticks , and enemies to the true worship of God , who shall be convicted by the true kirk of God of the foresaid crimes ; which was also observed by his Majesty at his Coronation in Edinburgh 1633. as may be seene in the order of the Coronation . In obedience to the commandement of God , conform to the practice of the godly in former times , and according to the laudable example of our worthy and religious Progenitors , and of many yet living amongst us , which was warranted also by Act of Councell , commanding a generall Band to bee made and subscribed by his Majesties subjects of all ranks , for two causes : One was , for defending the true Religion , as it was then reformed , and is expressed in the Confession of Faith above written , and a former large Confession established by sundrie acts of lawfull Generall Assemblies , and of Parlament , unto which it hath relation , set downe in publicke Cathechismes , and which had beene for many yeeres with a blessing from heaven , preached , and professed in this Kirk and Kingdome , as Gods undoubted truth , grounded onely upon his written Word : The other cause was , for maintaining the Kings Majestie his Person and Estate ; the true Worship of God , and the Kings authoritie being so straightly joyned , as that they had the same friends and common enemies , and did stand and fall together . And finally , being convinced in our minds , and confessing with our mouthes , that the present and succeeding generations in this Land , are bound to keep the foresaid nationall Oath and subscription inviolable , We Noblemen , Barons , Gentlemen Burgesses , Ministers , and Commons under subscribing , considering divers times before , and especially at this time , the danger of the true reformed Religion , of the Kings honour , and of the publicke peace of the Kingdome , by the manifold innovations and evils generally contained and particularly mentioned in our late supplications , complaints , and protestations , doe hereby professe , and before God , his Angels , and the World solemnely declare , That , with our whole hearts wee agree and resolve all the daies of our life constantly to adhere unto , and to defend the foresaid true Religion , and forbearing the practice of all novations , already introduced in the matters of the worship of God , or approbation of the corruptions of the publick Government of the Kirk , or civill places and power of Kirkmen , till they bee tryed and allowed in free Assemblies , and in Parlaments , to labour by all meanes lawfull to recover the purity and libertie of the Gospel , as it was established and professed before the foresaid novations : And because , after due examination , wee plainly perceive , and undoubtedly beleeve , that the Innovations and evils contained in our Supplications , Complaints , and Protestations have no warrant of the Word of God , are contrary to the Articles of the foresaid Confessions , to the intention and meaning of the blessed Reformers of Religion in this Land , to the above written Acts of Parlament , and doe sensibly tend to the re-establishing of the Popish Religion and tyranny , and to the subversion and ruine of the true Reformed Religion , and of our Liberties , Lawes , and Estates . VVe also declare , that the foresaid Confessions are to bee interpreted and ought to be understood of the foresaid novations and evils , no lesse then if everie one of them had beene expressed in the foresaid Confessions ; and that wee are obliged to detest and abhorre them , amongst other particular heads of Papistrie abjured therein . And therefore from the knowledge and conscience of our dutie to God , to our King and Countrey , without any worldly respect or inducement , so farre as humane infirmitie will suffer , wishing a further measure of the grace of God for this effect , VVe promise and sweare , by the Great Name of the Lord our GOD , to continue in the Profession and Obedience of the foresaid Religion : That we shall defend the same , and resist all these contrarie errours and corruptions , according to our vocation , and to the uttermost of that power that God hath put in our hands , all the dayes of our life : And in like manner , with the same heart , we declare before God and Men , That we have no intention nor desire to attempt any thing that may turne to the dishonour of God , or to the diminution of the Kings Greatnesse and Authoritie : But on the contrarie , we promise and sweare , that wee shall , to the uttermost of our power , with our meanes and lives , stand to the defence of our dread Soveraign , the Kings Majestie , his Person and Authoritie , in the defence and preservation of the foresaid true Religion , Liberties and Lawes of the Kingdome ; As also to the mutuall defence and assistance , everie one of us of another in the same cause of maintaining the true Religion , and his Majesties Authoritie , with our best counsell , our bodies , meanes , and whole power , against all sorts of persons whatsoever . So that , whatsoever shall be done to the least of us for that cause , shall be taken as done to us all in generall , and to everie one of us in particular . And that we shall neither directly nor indirectly suffer our selves to be divided or withdrawn by whatsoever suggestion , combination , allurement , or terrour , from this blessed and loyall Conjunction , nor shall cast in any let , or impediment that may stay or hinder any such resolution , as by common consent shall be found to conduce for so good ends . But on the contrarie , shall by all lawfull meanes labour to further and promove the same : and if any such dangerous and divisive motion be made to us by VVord or VVrit , wee , and everie one of us , shall either suppresse it , or , if need be , shall incontinent make the same known , that it may bee timously obviated ; neither do we feare the foule aspersions of rebellion , combination , or what else our adversaries from their craft and malice would put upon us , seeing what we do is so well warranted , and ariseth from an unfained desire to maintaine the true worship of God , the Majestie of our King , and the peace of the Kingdome , for the common happinesse of our selves , and the posteritie . And because we cannot look for a blessing from God upon our proceedings , except with our Profession and Subscription we joyne such a life and conversation , as beseemeth Christians , who have renewed their Covenant with God ; VVee , therefore faithfully promise , for our selves , our followers , and all others under us , both in publike , in our particular families and personall carriage , to endevour to keep our selves within the bounds of Christian libertie , and to be good examples to others of all Godlinesse , Sobernesse , and Righteousnesse , and of everie dutie we owe to God and Man. And that this our Union and Conjunction may bee observed without violation , VVee call the living God , the Searcher of our Hearts , to witnesse , who knoweth this to be our sincere Desire , and unfained Resolution , as we shall answer to JESUS CHRIST in the great day , and under the paine of Gods everlasting wrath , and of infamie , and of losse of all honour and respect in this World : Most humblie beseeching the LORD , to strengthen us by his holy Spirit for this end , and to blesse our desires and proceedings with a happie successe , that Religion and Righteousnesse may flourish in the Land , to the glorie of God , the honour of our King , and peace and comfort of us all . In witnesse whereof we have subscribed with our hands all the premisses , &c. TO dispute against this Covenant scholastically , or otherwise then by vindicating Our Royall Authoritie , and the Monarchicall government of that Our ancient Kingdome , is farre beneath Us ; and therefore Wee would onely know , how they can possibly answer these foure questions to the world . First , by what authoritie they entered into this Covenant , and how they durst presume to exact an Oath from any of Our subjects to it , or any thing else ; it being an irrefragable proposition , That no publike Oath can bee administred but by a Magistrate , or by one sufficiently deputed by authoritie to administer it : For it is a badge annexed to Magistracie and Authoritie , to have power of giving and taking an oath ; and therefore they cannot satisfie the world by what Authoritie or deputation from Authoritie they did give this oath to , and receive it from Our subjects . They do answer , that though they have no Law for it , yet they have President ; For this Confession of Faith ( say they in the title of their Covenant ) was subscribed by Our Father of happie memorie , and his houshold , in the year 1580. thereafter by persons of all ranks in the yeare 1581. and that by the ordinance of the Lords of the Secret Councel , and Acts of the Generall Assemblie : Subs●ribed againe , by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the Generall Assemblie , with a generall band for maintenance of true Religion and the Kings person . Now , was this their Confession of Faith , and Covenant annexed , commanded to bee sworne and subscribed by Us , by any order from Our Councell , or by any Act of Generall Assembly ? But they will say , that it being once commanded , that commandement is still in force and vigour . That is indeed a good ground or president for Us and Our Councell , to command this same oath to be renewed when We shall see cause ; but the repetition of it must still be by the same Authoritie by which it was at the first injoyned : Now , the first injunction of this subscription was made by Our Royall Father , in the yeare 1580. the first renewing of it in 1581. was ( as they say themselves ) by an ordinance of the Lords of the Secret Councell ; the second renewing of it 1590. was by a new ordinance of Councell at the desire of the Generall Assemblie . By which it is plaine , that the judgement of the Generall Assemblie , ( which in those daies was at the highest , and was not wont to derogate from their owne power ) was , that this oath could not be renewed , nor any band , but by authoritie from Our Royall Father and His Councell . Againe , have they not printed in the frontispice of this their Covenant Our Royall Father his charge to certain Commissioners , and all Ministers within that Realme , for requiring this oath , with a command to returne to the Ministers of his house , the names and processes of all such as should refuse to take the said oath . Now , did any of all these precede their Covenant ? Was Our authoritie , or the authoritie of Our Councell so much as asked , much lesse obtained ? Were there any Commissioners by Us , or Our Councell appointed to receive this oath in the severall Shires ? Nay , as shall appeare afterward in due place , when We , with the advice of Our Councell , by Proclamation did command the renewing of that oath , and designed Commissioners throughout the severall Shires of the Kingdome for administring of it , did not those , who call themselves of the Table , refuse to sweare it themselves , and command that none of the Kingdome should sweare it by any authoritie from Us ? And is not this pulling down of Our authoritie , and setting themselves in Our place ? So that if the Reader look upon the title and inscription of their Covenant , he shall finde ( as Wee said ) that it carrieth the overthrow of it in its owne front . Secondly , say they had power to command the new taking of this oath , ( as they had not , ) yet what power can be pretended for their interpretation of it ? It being a received Maxime , That no lesse authoritie can interpret a Law or Rescript , then that which made it , or those , whom they who made it have constituted Judges to give judgement and sentence according to the true meaning of it . This oath then being first framed and urged by our Royall Father , with the advice of his Councell , can it be interpreted by any but by Us , and His and Our successours ? And have either We or Our Councell given any such interpretation ? Nay , can any man , though in authoritie , indued with Religion or reason , with any conscience or honestie , give not onely so false , but so ridiculous and absurd an interpretation of that Confession of faith , as those of the Table have given ? For they have declared , That this Confession is to bee interpreted , and ought to be understood of all the pretended Novations , no lesse then if everie one of them had beene expressed in the said Confession . Had they said that they themselves did prohibite these pretended novations , as other points of Poperie in that confession abjured , the words had then carried some sense , as intimating that they themselves did now think that they did tend to Poperie : But that they should force any man to sweare that the framers of that Confession at the first did so , they being all dead , & so never were asked , nor can bee asked the question ; or that they should make men living sweare what was the minde of the dead , concerning the five Articles of Pearth , the Service Book , the Book of Canons , the high Commission , things of which in their lives they never heard , nor perhaps did ever imagine the introduction of them , ( they in that Confession abjuring onely those Romish corruptions , which in their time had infested the Church , ) is such a profane and foolish interpretation , that one would wonder how any one that either hath the knowledge , or maketh conscience of an oath , can either himselfe take , or desire others to take an oath so false and foolish as this : And therefore , with more wit then honestie , where they met with no scrupulous people , they suffered them to swallow down that wicked glosse which corrupteth the verie text of the Confession : But where multitudes , especially of the Ministers , ( who at their admissions had sworn obedience to , and practise of these points which they call innovations , ) quarrelled at this their interpretation , they assured them , that it would breed a great division if they should desire but the least alteration of the words in which their Covenant was conceived , but yet that they might verie well sweare all , with a reservation of not abjuring Episcopacie , the five Articles of Pearth , or any thing established by Acts of Parliament and Generall Assemblie : With which Protestation and reservation , and not otherwise , many , especially of the Ministers , did sweare their Covenant , as they themselves do well know : which was such a notable peece of Jesuiticall equivocation on their parts , who exacted this oath , and contrarie to the verie letter and grammaticall sense of the oath it selfe , especially in that part of it which containeth their interpretation of the Confession , as the like hath scarcely beene heard . Thirdly , where was it ever heard that men , pretending for a ground of their proceedings , the president of a former Confession and band annexed , did dare to adde any thing to the text of that Confession and band upon which they meant to build their actions ? But these men have taken upon them , not onely without authoritie to make an interpretation of that Confession , but flatly against Authoritie , to adde to the verie text of the band of maintenance : For whereas the band annexed to the former Confession was made in defence of Us , Our Authoritie and Person , with their fortunes , bodies and lives , in defence of the Gospel of Christ , and liberties of that Our Kingdome , &c. they have added a mutuall defence of one another ; So that the band , which was at the first made against those subjects who went about to correspond with forreiners for the subversion of Our Religion and Kingdome , is now made against all persons whatsoever , who shall oppose them in their courses . That band which was made in defence of Our person and authoritie , against all treason at home and invasion from abroad , is now principally made against Us , if We shall oppose their courses ; and next , against all such of Our loyall subjects as shall adhere to Us in defence of Our person and authoritie : For these words , against all persons whatsoever , not excepting Us , shewes their bad meaning too well . Now , whether Our Royall Father in the first band , by defence of His person and authoritie , meant maintenance against Us His successor , Our person and authoritie ( for they urge the intention of the first Confession and band as a warrant for this new one of theirs , ) or whether the words of the Emperour , or any Monarch , or any other Law-giver , in any of their Lawes or Rescripts , can bee taken in any tolerable construction against the Crowne and Dignitie of themselves and successors ; Or how these new Covenanters can with the same breath blow both hot and cold , with the same hand both strike and stroake Us , in one sentence swearing to defend Our person and authoritie , and yet in the next swearing to defend one another against all persons whatsoever , not excepting Us , if not principally intending Us , We leave it to the world to consider . Fourthly , what shew of defence can these men make , to save themselves from being punished with all rigour , as movers of sedition , and disturbers of the publike peace and quietnesse of the Kingdom , since the Act of the tenth Parliament of James the sixt , Act. 12. and the 75. Act of the ninth Parliament of Queene Marie , to which the Act last mentioned relateth , have declared all leagues of subjects amongst themselves , without the privitie and approbation of the King , to be seditious , and the Authors and Abetters of them to be punished as movers of sedition ? The tenth Parliament of James the sixth , Act. 12. FOrasmuch as there was an Act made in the Regiment of Mary , late Queen dowager , and Regent of this Realme , Our Soveraigne Lords grandmother of worthy memory , concerning leagues and bands , as being thought , against all law and obedience of subjects towards their Princes ; The not observation of which Act since the making , hath given occasion of many troubles which have occurred since : VVherefore Our Soveraigne Lord , with the advice of His three Estates , conveened in this present Parliament , ratifieth , approveth , and for His successours perpetually confirmeth the said Act of Parliament , and ordaineth the same to have full effect and ●xecution in all time to come : And also of new , with the advice of His said three Estates , dischargeth and annulleth all leagues and bands made between his lieges and subjects at any time by-past preceding the date hereof : And statuteth and ordaineth , that in time to come no leagues nor bands be made amongst His subjects , of any degree , upon whatsoever colour or pretence , without His Highnesse or His successours privitie and consent had and obtained thereunto , under the paine of being held and executed as movers of sedition and unquietnesse , to the breach and trouble of the publick peace of the Realme , and to be cited and pursued therefore with all rigour to the example of others . The ninth Parliament of Queen Mary , Act. 75. IT is statuted and ordained by the Queenes Majestie , and three Estates in Parliament , That no manner of person or persons , of whatsoever qualitie , estate , condition , or degree , lieges of this Realme , attempt to doe or raise any bands of men of warre , on horse or foot , with Culverings , Pistols , Pikes , Spears , Jacks , Splents , Steel-bonnets , white harnis , or other warre-like munition whatsoever , for daily , weekly , or monethly wages in any time to come , without speciall licence in writing had and obtained of Our Soveraigne Lady and her successours , under the paine of death , to be executed upon the raisers of the said bands , as also upon them that doe conveen and rise in bands . Now Our consent to their Covenant was not onely never granted , but never so much as once asked . When they have satisfied these important questions and considerations , which are obvious to all men who are acquainted with Lawes and Government , then let them bethinke themselves how they will answer , not onely to all Divines abroad who are not Jesuited , but even to their own Universities at home in that Our Kingdome , in the case of conscience , how any Oath , much lesse such an unlawfull Oath as this , can be administred to any Prince his subjects , without his consent or authoritie . There are but two Universities in Scotland which conferre all Degrees , S. Andrewes and Aberdene ; both these , upon the first comming abroad of this their Covenant and Oath , did oppose it , and severally set forth , sent abroad and dispersed in writing , those excellent and unanswerable Reasons against it , which Wee have seene and have , but which the Covenanters did never answer . Besides , the Divines of Aberdene set out in print their Queries to the three Ministers , sent thither from their Table to perswade their Covenant , which how poorely and pitifully they answered , and so againe , how they answered the same mens Duplies , as miserably as their former Queries , We leave to the judgement of Schollers , to whom these three Ministers weakenesse in their answers hath made them sufficiently ridiculous . There is likewise an Universitie in Glascow , which because it hath but one Colledge , and hath not of late conferred any Degree above that of Master of Arts , is called the Colledge of Glascow . They of that Colledge were verie backward to come into their Covenant , untill they were extremely threatned ; and when they came in , they premitted such interpretations and limitations , as were destructive of the verie foundation of it ; some of the Regents never came in at all . In the Colledge of Edinburgh , where there are but foure Regents , how two of them , for not subscribing their Covenant , were expelled from their places , is notoriously knowne . Now one would thinke , that in any Kingdome the judgement of the learned Professors in Universities and Colledges , in a point of conscience , should weigh downe the groundlesse opinions of their Tables , consisting of Noblemen , Gentlemen , Ministers and Tradesmen . But leaving the many unanswerable reasons which may be brought against this their Covenant , Wee shall desire the Reader to observe three things , which appeared at the verie first comming out of it : First , how in it they swelled farre above all that ever was complained of , either in their tumults or petitions : In their tumults they complained onely of the Service Booke ; in their petition exhibited to Our Councell and sent up to Us , they complained of the Service Booke and Booke of Canons ; more of their grievances then , Wee knew not : Now in this their Covenant , besides these two , they complaine of , and doe abjure , as they make their adherents beleeve , the five Articles of Pearth , which were established by Acts , first of the generall Assembly , and then of Parliament ; Then they complaine of the high Commission , which ever since the yeare 1609. hath beene quietly established and in practise amongst them ; Then they complaine of Prelats sitting in civill Judicatories ; a thing which Wee cannot chuse but wonder at , not only in regard of Our Selfe , whom by this meanes they would robbe of the benefit of the abilities of any of Our subjects in Our counsels and affaires of State , as if holy Orders did superinduce a dissabilitie for civill Wisedome and Prudence ; but especially in regard of themselves , because by this strange conceit they contradict , more then they are aware of , their owne false and prodigious opinions : for what incongruitie can they finde in it , for a Bishop to sit at Our Councell Table , where many causes are heard , in which Religion is concerned ; or in Our Session , where many Church-men have trialls for their maintenance ? when they themselves hold it not onely convenient , but necessarie , and that even jure divino , that Noblemen , Gentlemen , Merchants , Taylors , Sadlers , Shoomakers , and others of most mechanicall Trades , shall sit and give sentence in Parochiall Sessions and in Presbyteries , in Causes Ecclesiasticall , and those of the highest nature , even the last and supremest censures of the Church , Excommunication , and depriving of Ministers ; nay , that they shall give sentence in the generall Assembly ( a Judicatorie which now they hold to be above Our Session , Councell , or Parliament ; for they maintaine that the Acts of that Assembly may , in many cases , disannull and derogate from the Acts of the other three ) where they doe assume to themselves to determine all questions de Fide , Cultu & Disciplina , of Faith , Worship or Discipline , and in which of late they did assume to themselves power to determine , and , according to their weake and poore power , did determine controversies concerning Predestination , universall Grace , irresistibilitie of Grace , concurrence of Free-will with Grace , totall or finall falling from Grace , and other such like intricate points , as some men would be loath to live so long untill they could make them understand them . Secondly , Wee desire the Reader to observe with what affections this their Covenant was received abroad , both by Protestants and Papists , at the very first publishing of it : By Papists it was received with infinite joy , as hoping that now the time was come in which both Wee and Our Successors might be brought to abhorre and detest that Religion , whose professed Zelots had beene the authours of such an unsufferable Covenant , which could not consist with Monarchie ; which appeared to Us most evidently by the advertisements which then were sent up to Us from some of Our Councell of that Kingdome , that the sudden and frequent arrivall of Priests and Jesuites from Doway and other Seminaries beyond the Seas , was so great , in hope of their welcome to Us because of this seditious Covenant , that unlesse some speedie order were taken for their present discouragement and sending backe , the evill might quickly passe remedie ; which moved Us , notwithstanding these present broiles , to take present order for such proceedings against them , as they were forced to retire . With Protestants abroad , it was received with most offensive scandall and infinite griefe ; which appeared unto Us by advertisements from some of Our publique Ministers abroad , who certified Us , that both the Ministers and others of their Consistorie at Charenton , and of other Reformed Churches in France , as also the Professors , Ministers , and Consistorie of Geneva , and of other neighbouring Reformed Churches in those parts , were so scandalized with this prodigious Covenant , as that they were afraid of nothing more then this , that it would bring an indeleble scandall upon the Reformed Churches , and alienate the mindes of all the Princes of Christendome from ever entertaining a good thought of their Religion . Of what condition then and fearfull consequence that Covenant is , which bringeth griefe and offence to Our friends , joy and triumph to Our enemies , is evident to all eyes that are opened . Thirdly , We desire the Reader to consider with what furie and madnesse this Covenant , after it was conceived , was obtruded to all sorts of people : with what threatnings , with what beating , tearing of the clothes , drawing of the bloud , and exposing to thousands of injuries and reproaches , at Edinburgh , Saint Andrews , Glascow , Lanarick , and many places more , of those Ministers , who out of religious conscience towards God , and loyall carriage towards Us , did either disswade their Parishioners from entring into it , or could not by their intreaties or threatnings be perswaded to enter into it themselves . No doubt it cannot be a Covenant approved by God , the first bitter and accursed fruits whereof were the many drops of bloud drawne from many of Gods Ministers , which now no doubt doe call for Gods vengeance upon the whole land . Now , the fire of this seditious Covenant flaming thoroughout all the corners of the Kingdome , and that to such an unexpected height and violence , as it was past both the skill and power of Our Councell to quench it , Our Councell resolved to send up unto Us Sir John Hammilton Our Justice Clerke , one of Our Privie Councell , and one of the Lords of Our Session , that he might fully acquaint Us with the passages of this Rebellion , and the consequences of it . After Our hearing of him many times , and many consultations had with such of Our Councell of Scotland as were then here present , and such of Our Councell here in England as We thought fit to communicate this businesse unto , We resolved to send unto that Our Kingdome the Marquesse of Hamiltoun with the full power of an High Commissioner , as in other cases Our Royall Father and We had many times done in important businesse concerning that Kingdome ; and in the meane time , we dispatched home the said Sir John Hamilton to give notice thereof , both that they might carrie themselves quietly untill Our Commissioner his comming , from whom they were to expect Our pleasure , with all favour which might consist with Royall authoritie , as also that they might before Our Commissioners going from hence , have time to make Us fully acquainted with the uttermost of their grievances , that so accordingly Our Commissioner might receive Instructions from Us for giving unto them all just satisfaction . And so We , having here taken into Our serious consideration all their Petitions , which We might have justly rejected , because of the insolencie of their demeanour , and their tumultuous way of presenting them to Our Councell , yet resolved to take the mildest course We could for calming of these commotions , and therefore We settled upon a way usually practised by Our Royall Father in that Kingdome since his comming to the Crowne of England , viz. to establish an High Commissioner , with full power and authoritie to conclude and determine all such things as should be found for the good , quietnesse , and peace of that Kingdome , with as full and ample power as other Commissioners had exercised in any time of Our Royall Father , and especially at Parliaments . And considering that none , in the consultations which We held for this businesse , had ever shewed himselfe more forward and inclinable to advices and counsels of peace , nor a more zealous Patriot towards his native countrey , then Our right trustie and well-beloved Cousin and Councellour of both Kingdomes , James Marquesse of Hamiltoun , &c. Gentleman of Our Bedchamber , and Master of Our Horse ; We made choice of him for Our High Commissioner , to that purpose , being perswaded both of his loyaltie and fidelitie towards Us , as also of the great acceptation of his person with Our subjects there , in regard of his birth and place , but especially of his singular care of , and love to his countrey , which they themselves did know he had so piously and affectionately expressed in all his consultations and counsels here with Us : Him therefore We dispatched from hence with full Instructions , according to which he was to receive his Commission under Our great Seale of that Kingdome at his comming thither , which he received and presented to the Lords of Our Councell , frequently assembled at Dalkeith , the sixt of June following ; the true tenour of which Commission here followeth . CAROLUS Dei gratiâ Magnae Britanniae , Franciae , & Hiberniae , Rex , fideique Defensor : Omnibus probis hominibus suis ad quos praesentes literae pervenerint , Salutem . Sciatis nos considerantes magnos in hoc regno nostro Scotiae non ita pridem exortos tumultus , ad quos quidem componendos , multiplices regiae nostrae voluntatis declarationes promulgavimus , quae tamen minorem spe nostrâ effectum hactenus sortitae sunt : Et nunc statuentes , ex pio erga dictum antiquum regnum nostrum affectum , ut omnia gratiosè stabiliantur & instaurentur , quod ( per absentiam nostram ) non aliâ ratione commodius effici potest , quàm fideli aliquo Delegato constituto , cui potestatem credere possumus tumultus ejusmodi consopiendi , aliaque officia praestandi , quae in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur : Cumque satis compertum habeamus obsequium , diligentiam , & fidem praedilecti nostri consanguinei & consiliarii Jacobi Marchionis Hamiltonii , Comitis Arraniae & Cantabrigiae , Domini Aven & Innerdail , &c. eundemque ad imperata nostra exequenda sufficientèr instructum esse : Idcircò fecisse & constituisse , tenoreque praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun , &c. nostrum Commissionarium ad effectum subscriptum : Cum potestate dicto Jacobo Marchioni de Hamiltoun , &c. dictum regnum nostrum adeundi , ibidemque praefatos tumultus in dicto regno componendi , aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi : Eoque Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi , ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi : Et quaecunque alia ad commissionis hujus capita pro commissa ipsi fide exequenda , eandemque ad absolutum finem perducendam & prosequendam conferre possunt tam in Concilio quàm extra Concilium nostro nomine efficiendi & praestandi : Idque similiter & adeò liberè acsi Nos in sacrosancta nostra persona ibidem adessemus . Et hac praesenti nostrâ commissione durante nostro beneplacito duratura ac semper & donec eadem per nos expressè inhibeatur . In cujus rei testimonium praesentibus magnum sigillum nostrum apponi praecepimus . Apud castrum nostrum de VVindsore vigesimo die mensis Maii anno Domini millesimo sexcentesimo trigesimo octavo , Et anno regni nostri decimo quarto . Per signaturam manu S. D. N. Regis suprascriptam . On which day the whole body of Our Councell , with all respectfull and dutifull expressions of joy and thankfulnesse of Our fatherly care of that Our Kingdome in these difficult times , acknowledged and received Our said Commission and Commissioner : And Our said Cousen and Councellor , the Lord Marquesse of Hamiltoun , did with all submissive reverence then and there accept the said Commission , promising the uttermost of his endevours for settling the peace of that Kingdome , so farre as might consist with Our royall Crowne and Dignity , and the Lawes and Liberties of that Our ancient and native Kingdome , as by the Act of Councell dated at Dalkeith the sixt of June 1638. doth more fully appeare : After which acceptation of our Commission , the said Lord Marquesse had by Our Councell , and all others , whensoever he went abroad , all respects , honour and reverence due to Our Commissioner , performed unto him , Our Chancellor carrying Our great Seale before him , and some other Noblemen of great place and qualitie carrying Our High Commission before him likewise . We having now taken this course which We conceived most agreeable both to the customes of that Kingdom , and most acceptable to them , in regard of the choyce of Our Commissioner , had then assured hopes , that the dangerous distractions of that Kingdome might be happily composed : But these hopes were quickly blasted ; for no sooner had the heads of the Covenant notice of these peaceable courses intended by Us , but they flew out , even before our Commissioners arriving there , into farre greater violence then heretofore , increased the frequent meetings of their Tables , subdivided them into severall Committees , increased their provision of Armes , made their Pulpits ring with most seditious Sermons , putting the people in feare , that now there was more danger to be expected from the Lord Marquesse his comming home , and all peaceable treaties , then ever ; and at their Tables concluded upon a paper , consisting of ten Propositions or Articles , which they caused immediately before our Commissioners arrivall , with wonderfull expedition , to bee dispersed throughout all the Shires of that Kingdome : which ten Articles , according to the true copie , We have caused to be here inserted . FIrst , for observing union , it is thought fit , that no answer be made to any of the Statesmen or others , having Commission from the King , concerning the publike businesse , but with common consent and advice according to the Articles of our Covenant against divisive motions ; and if any propound motions tending to the breach of our union ; it would be told them plainely , wee will repute them as unfriends both to us and our cause . Secondly , for the better method in preparing and holding of matters to be treated of , it is thought fit that there be a Committee chosen , and that some of the Gentrie , Burrowes , and Ministers be present at the meetings with the Noblemen . Thirdly , It is thought fit , that all who are interessed may attend punctually to Dyets and meetings , with the rest of the number appointed for the good of the publike businesse ; and , lest our adversaries should ( upon the frequent attending of the prime Noblemen and Statesmen ) take occasion to affirme , that they have power to dispose of their friends in this cause , their attendance would be the more shunned , to shew we will depend upon no man who is of an averse judgement , or who are about a contrarie imployment in the matter of our Covenant and conscience . Fourthly , if there bee any new Proclamation , it is thought fit that it may be obviat and reincountred with a new Protestation , which would be condiscended upon , and would conteine our eight last Articles ; And that our Protestation may bee backed with good information and reasons , and sent with diligence to the Commissioners to the severall parts of the Kingdome , that they be not deceived nor surprised with Proclamations or suggestions , and that the copie of the Protestation may be given to the Commissioners of Shires and Burghes , to meet the Proclamation in all points needfull . Fifthly , if the discharge of the Book of Service , and Canons , and limitation of the High Commission be granted ; and that upon the Statesmen and Commissioners offer , the King will grant all we can crave which is not repugnant to Law , and alleadge that Episcopall power and Articles of Pearths Assemblie are established by Law ; It is answered that the abuses of Episcopall government are contrarie to Law , and censurable by Law , and the Articles of Pearth should bee rightly interpreted , and our desires for the free and yearely exercise of Generall Assemblies , free admission of Ministers without unlawfull Oaths , and rectifying of the Articles of Pearths Assemblie , and that the Prelates boundlesse usurped power , limited according to the caveats of their admission , are all agreeable to Law for the reasons conteined in the Articles : And if the Bishops , Statesmen , and others be of a different judgement from the most part of the Church and Kingdome , the Generall Assemblie and Parliament ( who were the Law-makers , ) are onely competent Judges for interpreting their owne Acts , whose direction we crave : And although the Law were interpreted as they alleadge , which is altogether untrue , and contrarie to the grounds and meaning of the Law , yet the bodie of the Kingdome , for whose good the Law was made , may crave the lawfull redresse of the grievances sustained by that Law , and our complaints , supplications , and protestations against the Bishops , depending in processe for clearing the subjects loyaltie , and repairing the wrong complained of , cannot bee otherwise lawfully decided , cannot remedie the present evils , nor prevent the like or worse evils in time comming . Sixthly , it is thought fit , that all who have subscribed the Covenant , be made sensible that they are obliged by their Oath , not to rest satisfied with lesse then the desire of our Articles , which are agreeable to law , conscience , and reason , and without which we will be frustrated of our ends , our adversaries in time will obtaine the establishment of the evils we complaine of . Seventhly , it is thought fit , that the number of the Commissioners be doubled , against the Statesmen and Marquesse down comming , and that all be warned to be readie upon advertisement . Eighthly , that the report of the subscriptions of the Covenant may bee sent to Edinburgh from all severall parts of the Kingdome . Ninthly , that things recommended to our former Committee be adverted to , with the best diligence that can be . Tenthly , it is thought expedient that all the time of the generall meeting there be a Fast. OUr Commissioner upon his way to that Kingdom , did meet with advertisements of these strange fears , which the ringleaders of the Covenant ( who were affraid of nothing more then that our subjects should receive satisfactiō from Us by Our Commissioner ) had possessed Our people with , & the bad entertainment he was like to receive at his comming thither , acquainted Us therewith , but went forward on his journy until he came to Barwick , from whence he sent to his especiall friends and kindred , and to all such Gentlemen of his owne name , and others , as were his Vassals and Tenants , and hold their lands from him by service and attendance on him when he shall require it , hee received answer that all these Obligations were quite discharged by the Covenanters Table at Edinburgh , who had absolutely commanded that none , who had subscribed their Covenant , should go to meet , or give any personall attendance upon Our Commissioner , untill such time as they should have leave from their Table so to do ; and so Our Commissioner went from Barwick unattended by these Noblemen , or by any other of his owne kindred or vassals , unlesse such as had not subscribed their Covenant , ( except some few , whose affection exceeded the command of the Tables ) ; an affront before that time never offered to any person of his qualitie in that Kingdome : Yet hee was verie nobly and honourably received , and conducted to Dalkeith by all Our Councell , most of the Lords of the Session , who are the Judges of the Law , great troups of the Nobilitie and Gentrie , who had not subscribed their Covenant . Now , the reasons why their Table had laid this strict charge , of not conducting Our Commissioner , upon all their adherents , were these two , as appeared plainely by the speeches uttered by many of the Covenanters themselves : First , that they might not seeme to shew the least respect to any , especially to those of greater rank , who were disaffected to their Covenant , as was ordered in the third Article of their ten last mentioned : Secondly , that they might make triall of their power with their owne partie , the heads of the Covenant being perswaded , that if they could prevaile with their associates for breaking through the bonds of nature , bloud , consanguinitie , civilitie , vassalledge and dependance , in pursuance of their Orders , they should not much need to feare that any other obligations could be able to divert them from obedience to their dictats . Our Commissioner , immediately upon his comming to Dalkeith , ( where the Councell assembled for safetie , because the combustions at Edinburgh increased daily ) met with many discouragements and difficulties . First , We had sent some small proportion of Armes , and powder to be put into Our Castle of Edinburgh , justly doubting the surprisall of it by the Covenanters , who were there assembled in great multitudes , and had of late made great provision of Armes there . No sooner had the ship ( in which these Armes with other goods were ) cast Anchor in Leith rode , but the Covenanters sent for the Merchant owner of the goods , commanding him to bring the ship into the Harbour , and discharging him from unloading any thing in the ship , especially Armes , untill hee had leave from them , as hee would answer the contrarie at his perill ; of which Our Lord Treasurer being advertised , provided that night a Boat which landed the Armes and powder , and Carts which presently carried them to Our Palace at Dalkeith , some foure miles distant : How for this the Merchant was used by them , and how they did threaten to come by force and carrie away that provision out of Our own house of Dalkeith , is notoriously known . Much about this time Our Commissioner came to Dalkeith , where he was received for his first welcome with the certaine newes of the increase of the peoples rage in Edinburgh , of the Covenanters resolution first to take the Castle , but ( upon better advice ) of their deserting that purpose , yet falling upon that which was bad enough ; for they had begirt the Castle with strong guards , so that no person nor provision could passe to or from it , but by their permission : Besides , they had entred into consultation , whether they should by force take out of Our Palace of Dalkeith that small provision of Armes and powder which was lately carried thither : which counsell they were perswaded by some not to follow , because of the residence of Our Commissioner there at that time ; but one thing they resolved upon , that during the abode of Our Commissioner and Councell there , though but foure miles distant from Edinburgh , they would take no notice of them , send no Petition to them : and howsoever they allowed some of Our Commissioners particular kinsmen and acquaintance to go thither and visit him , yet they would not depute any to speak with him of the businesse for which hee was sent , or of their complaints and grievances , but resolved not to leave Edinburgh , where they were well enough , so that if hee had any thing to deliver to them , hee might come thither , for to him and Our Councell they would not come : And that they might have some colourable pretence with the people for this their insolent behaviour and resolution , it was cast out and rumoured abroad , that if they went to Dalkeith , there was an intention to blow them up with Gun-powder ; not that the Authors of that foule and divelish aspersion entertained the least thought of any such feare , but that they might both have a colour for their unmannerly not addressing themselves thither , as also beget in the minds of their ignorant followers a higher indignation against , and jealousie of Our Commissioner and Councell for such a wicked and treacherous plot . Now , at this verie time when they made all this stirre about that small provision of Armes for Our Castle , which exceeded not two hundred Muskets , and so many Pikes , with some small quantitie of Powder , the Covenanters had two good Ships come home loaded with Armes and Amunition , which they landed openly and avowedly . All these difficulties and new troubles , augmented daily of purpose since their notice of Our Commissioners journey , put him and Our Councell to such a stand , as they knew not well what resolution to take . The Covenanters force and rage increased , which they had not power in any proportion to discharge ; they could not discover in them the least inclination to peace ; they found they would not so much as addresse themselves towards them , and they did not hold it agreeable with Our honour , or the dignitie of those places which they held under Us , nor yet for their safetie , to go to them ; At last this meanes was thought on , no doubt by the advice of those of their Table , who scorned to seeme to yeeld or petition for any such thing themselves . The Citizens of Edinburgh sent certain Commissioners to Our High Commissioner with a supplicatiō ▪ that he would bee pleased to repaire to Our Palace at Haly-rud-house , where they might more conveniently give demonstration of their affection to his Majesties service , in attending his Graces directions . Our Commissioner after he had acquainted and advised Our Councell with this their supplication , by their advice , as willing to take any occasion to enter into the businesse for which Wee sent him , returned this answer to the Commissioners of Edinburgh , That if they would undertake to be Masters and Governours of their owne citie , that their citizens would behave themselves as good and dutifull subjects , and take order that the multitudes , now present in their citie , who called themselves Covenanters , should do so too , and that the Guards about Our castle of Edinburgh should be dismissed and discharged , he would within a day or two repaire to Our Palace at Haly-rud-house , otherwise not : For that hee did hold it not agreeable to Our honour , that he Our Commissioner and Councell should reside at Our said palace , which is scituated at the one end of the citie , when Our castle seated at the other end of the same should be blocked up with guards : All which , these Commissioners undertooke to performe , and by their words desired to approve themselves most loyall subjects , hoping to cleare themselves from many aspersions laid upon them , when his Grace would be pleased to heare and examine their proceedings . Hereupon Our High Commissioner , according to his promise , did remove himselfe from Dalkeith to Our palace at Haly-rud-house , attended by all Our Councell , such of Our Nobilitie , Gentrie , and others , as were affected to Our service , which consisted of a great number : Some two or three miles from Edinburgh he was met with the whole bodie of the Nobilitie and Gentrie of Covenanters , then resident at Edinburgh , who were all mounted on horse-back , and consisted of divers thousands ; and besides , in a nearer distance from Edinburgh , by the Ministers then resident there , who were all on foot , and consisted of manie hundreds ; and so all the way to Our palace was filled with swarmes of people of all sorts and sexes , many of whose exclamations and outcries were very sharpe and bitter , stuffed with cursings of Poperie and Bishops ; by which it was apparent that the multitude had been made beleeve that these two were one and the same thing . Our Commissioner when he first met on the way the Lords who call themselves Covenanters , was entreated by them to heare a speech delivered , as he should passe along , by a Minister in the name of the rest : But he , remembring the advertisements which he had received of their most seditious Sermons , and knowing by the same advertisements that he who was to deliver this speech was a deprived Minister , and one of the most seditious in the whole packe , returned answer to the Lords that he would not heare it , justly doubting that it might be stuffed as full of passages against Our authoritie as their Sermons used to be ; and so that speech was omitted : Now , whether these great troups of Covenanters , both of horse and foot , in a great bodie by themselves , which did not joine at the first with that companie which attended Our Commissioner from Dalkeith , but stayed for him on the way in a farre grosser bodie by themselves , was assembled to doe honour to Our Commissioner , or for shewing their owne power and strength , by way of comparison with the companie whom they met , which they farre exceeded , Wee will not determine . But thus Our Commissioner was conducted to Our Palace of Holy-rood-house , where he was received by the Lord Provost , Bailiffes , Magistrates and citizens of Edinburgh with outward demonstrations of being welcome . And this was all the entertainment which at any time he had from the body of the Covenanters , during the time of his abode in that Kingdome ; which whether it were hearty and sincere , or but onely in show , and to shew their owne power , Wee leave it to be judged by the entertainment and respect which afterward he received from them ; which will be found to bee just none at all : For during the time of his continuance amongst them , though he found that they gave civill respects to him as Marquesse of Hamiltoun , yet his being cloathed with Our authoritie and commission did much diminish them , as shall appeare now in the next place , by those perpetuall affronts which they ceased not to offer daily to him and Our Councell , in all their proceedings concerning the businesse for which he was sent . Our Commissioner now being settled at Our palace , with the assistance of Our Councell , hee fell presently upon the maine businesse with the Covenanters , whom hee desired to dismisse their great multitudes ; which they did , being indeed necessitated thereunto for the ease of their great charge . The two maine Propositions which hee offered to their consideration , were these : First , what they should expect from him in Our name for satisfaction to their complaints , and accommodating their grievances : Next , what might be expected from them for returning to their former obedience , especially in renouncing and delivering up their late Covenant . Both which propositions they did receive with so much sleighting and contempt , as that they avowed , no satisfaction from Us should be accepted which contained any particulars ; but that they expected , first , a Generall Assembly of the Church , and then a Parliament , that in these two Judicatories they would represent and discusse their grievances : And no wonder , for in both these they knew that themselves were to be both Judges and parties . For the second , they answered , that they could not returne to their former obedience , from which they would never acknowledge that they had departed in the least degree , having done no act but that which became good and dutifull subjects : And for their Covenant , that they would rather renounce their Baptisme then renounce it , or abate one word or syllable of the literall rigour of it ; it being more availeable and usefull unto them , then all the Lawes and Acts of Parliament which had beene enacted in that Kingdome since the time of Fergus the first King thereof : And that it was a proposition which though they had now heard , they were resolved never to heare a second time : And accordingly , after Our propositions thus made and rejected , they presently filled the people with such misreports of the intentions and ends of Our Commissioners comming , as they wrought them to a greater height of furie then before , as if now their Religion and Lawes were brought to the stake : For now new Guards were clapt upon Our castle of Edinburgh , the Guards and Watches of the citie multiplied , the Preachers Prayers and Sermons grew to be so many Libells , and admonitions that they should take heed of craftie compositions , or yeelding in the least point of their intended reformation ; for if they should abate in any one thing , it would be thought that they might be mistaken in all . They presently printed their weake Reasons against their rendring up of their Covenant , nay , they grew to that rage , that on the Saturday having knowledge that Our Commissioner ( attended with Our Councell ) was to heare divine Service and Sermon in Our owne chappell at Our owne palace the day following being Sunday , they sent him word that whosoever should read the English Service in Our chappell should never read more , and that there were a thousand men provided for the disturbance of it ; which forced Our Commissioner that night to repaire to Dalkeith , being unwilling to heare Sermon but in Our owne chappell , or there , without hearing the English Divine Service , it having beene continually read there by the space of twentie yeares , in the audience of Our Councell , manie of the Nobilitie , Judges , and persons of all qualitie , without any interruption or dislike : Nay more , they grew to that boldnesse as to write letters to everie one of Our Councell , requiring them to subscribe their Covenant ; which Letter sent to everie one of them severally , but in the same words , here followeth . May it please your Lordship , WEe the Ministers of the Gospel , conveened at this so necessarie a time , doe finde our selves bound to represent , as unto all , so in speciall unto your Lordship , what comfortable experience we have of the wonderfull favour of God , upon the renewing of the Confession of faith and Covenant , what peace and comfort hath filled the hearts of all Gods people , what resolutions and beginnings of reformation of manners are sensibly perceived in all parts of the kingdome , above any measure that ever we did finde or could have expected , how great glorie the Lord hath received thereby , and what confidence we have ( if this sunshine be not eclipsed by some sinfull division or defection ) that God shall make this a blessed kingdome , to the contentment of the Kings Majestie , and joy of all his good subjects , according as God hath promised in his good Word , and performed to his people in former times ; And therefore we are forced from our hearts both to wish and entreat your Lordship to be partaker and promover of this joy and happinesse by your subscription , when your Lordship shall thinke it convenient : And in the meane while , that your Lordship would not be sparing to give a free testimonie to the truth , as a timely and necessarie expression of your tender affection to the cause of Christ now calling for helpe at your hands ▪ your Lordships profession of the true Religion as it was reformed in this land , the nationall oath of this kingdome sundry times sworne and subscribed , ablishing us who live at this time , the dutie of a good Patriot , the office and trust of a Privie Councellour , the present employment to have place amongst those that are first acquainted with his Majesties pleasure , the consideration that there is the time of tryall of your Lordships affection to Religion , the respect which your Lordship hath unto your fame both now and hereafter , when things shall be recorded to posteritie , and the remembrance , that not onely the eyes of men and Angels are upon your Lordships carriage , but also that the Lord Jesus is a secret witnesse now to observe , and shall be an open Judge hereafter to reward and confesse everie man before his Father , that confesseth him before men : All of these and each of them , besides your Lordships personall and particular obligations to God , doe call for no lesse at your Lordships hands , in the cause of so great and singular necessitie ; and we also doe expect so much at this time , according as your Lordship at the houre of death would be free of the terrour of God , and be refreshed with the comfortable remembrance of a word spoken in season for Christ Jesus , King of Kings and Lord of Lords . OUr Commissioner in the meane time resolved to publish Our gracious Declaration , for relieving of their grievances , and satisfying Our people in Our forwardnesse for the maintenance of the Religion professed in that Kingdome , and Our aversnesse from Poperie , which they of the Covenanters Table having notice of , being above all things afraid that Our people should receive any satisfaction from Us , or rest contented with the grace of Our reasonable proffers of favour , did mightily repine at , came to Our Commissioner , and wished him for Our honour , his owne safetie , and peace of the publike , not to make any such Declaration , which undoubtedly would be encountred with a Protestation , and that in such manner as would be displeasing to him , and make the publishing of that Declaration be found disserviceable unto Us. Our Commissioner being perplexed with these unexpected and dangerous difficulties , resolved by faire proceedings to gaine so much time , untill he might make Us acquainted with them , and receive Our answer and instructions concerning them : In his Letters of advice he acquainted Us with the danger threatned if he should publish Our Declaration , which though he knew to be full of grace , yet the heads of the Covenant would never suffer the multitude of their members to understand it so : Two things he desired of Us ; One , that in case Wee continued in Our resolution of publishing Our Declaration , Wee would be pleased to sweeten it with this further favour , as to restore to the citie of Edinburgh the sitting of Our Councell , Our Session , and all other Courts of Justice , which he conceived would be very acceptable to Our Councellors , Judges , to all Advocates , and all dependents upon the Law , to all Our subjects which had businesse depending in any of these Courts , but most of all to the citie of Edinburgh , which complained much of their being impoverished by absence of these Courts , and that this was like to prove a most probable perswasion for reclaiming them to their former obedience : Next , that We would be pleased to give him leave to take a journy unto Us , though he should returne presently , that he might acquaint Us with the new emergencies of businesses , and such other things as could not be conveniently expressed in Letters , and so accordingly receive instructions from Us for his carriage . To which Letters of advice Wee did returne by a speedie dispatch this answer ; That We would have Our Declaration no longer delayed , but commanded him presently to publish it , because Wee would not ( whatsoever the event should be ) have Our people barred the knowledge of Our Gracious intentions and favours towards them , which We did see the leaders of them studied nothing more then to suppresse ; And that at his intreatie , Wee were contented that all the Courts of Justice should presently begin to sit againe at Edinburgh for the reasons contained in his Letters , and in hope of reclaiming of that Citie , which otherwise by their misdemeanour had no reason to expect any such favour from Us ; And withall , after the dispatch of these two , that Wee were contented hee should repaire to Us , as hee desired , whensoever hee should finde it convenient , taking first order with Our Councell for keeping all things in order untill his returne . This answer of Ours so soone as Our Commissioner received , he assembled Our Councell , and made them acquainted with it , who were so well satisfied with the bringing back of Our Courts of Justice to Edinburgh , that presently they sent unto Us a Letter of thanks of this tenour . Most Sacred Soveraigne , THe Marquesse of Hamiltoun , your Majesties Commissioner , having imparted unto us your Majesties gracious pleasure and allowance that the Judicatories of the Councell , of Session , and others , should be returned to the Citie of Edinburgh ; Thereupon , the Lord Commissioner being present , order was given for publication at the Market Crosse of Edinburgh with all solemnities requisite ; and that the like publication should be made throughout the whole Kingdome at all publike places : This hath given so great contentment to all your Majesties subjects , that we cannot expresse with what dutifull respect and heartie prayers for your Majestie they have embraced this great and undeserved favour : In consideration whereof wee conceive our selves bound in dutie to acquaint your Majestie herewith ; and withall to render to your Majestie most humble and heartie thanks for this so great grace and goodnesse , which wee hope shall contribute to the good of your Majesties service , and to establishing the peace of the Countrie , for the which we all ▪ your Majesties good subjects shall ever bee most thankfull , and all in dutie bound to pray for your Majesties long and happie Reigne . Holy-rood-house July 2. 1638. Subscribitur Traquaire Roxbrugh Mar Morton Winton Lithgow Wigtonne Kingorne Hadinton Lauderdaile Kinoul Southesk Lorne Naper Dalyell Ihay Ja : Carmithaell Thomas Hop John Hammilton ANd accordingly Our Commissioner caused Proclamation to be made at the Crosse of Edinburgh , for the first sitting downe of the Session there , the Tuesday following , being the third of July 1638. which was received with such joy by the Judges , Advocates , and all others having relation to the Colledge of Justice , but above all by the Magistrates and Citizens of Edinburgh , that Our Commissioner and Councell did then well hope all mens minds had beene well prepared to receive the Declaration of Our Grace and favour which was to bee published in the next Proclamation , with an humble and thankfull acknowledgment ; which undoubtedly they had done , if they had not beene not onely diverted , but perverted by those men who interpreted every satisfaction of Our subjects received from Us , to be a dividing and pulling them away from themselves : And therefore they quickly cast about to finde out some meanes , how this Our speciall favour might not be resented by them , which was this : They assured their followers that there were two of the Lords of Our Session , viz. Sir Robert Spotswood President of the same , and Sir John Hay Our Clerk of Register ( answerable to the Master of the Rolles here in England ) sworne enemies to their Covenant , well affected to Episcopall government , procurers and abettors of the pretended Innovations , that unlesse these two were presently removed from Our Session , there could be no good intended to them by the bringing of it back to Edinburgh , and therefore advised them to send some of their number to Our Commissioner to desire that these two Our Judges might presently bee removed from that Court ; Not that they who put this in their heads , thought that Our Commissioner could yeeld to a request of so high injustice , but because they knew , that hee neither could nor would yeeld unto it , and that therefore by his deniall they should have meanes to irritate Our people , even to a disgust of that Our Gracious favour , which the day before they had so well relished . But yet according to their resolution , some of the principall Covenanters of all sorts sent from their Table , had the boldnesse to repaire to Our Commissioner , and to demand of him that which they were sure no just nor honest man could grant , viz. That they could clearely prove briberie and corruptions frequently to have beene used by these Our two Judges , and therefore intreated him to remove them presently from their places of Judicatorie , after which they would intend processe , and so legally proceed in the probation of these crimes objected against them : To which their demand Our Commissioner returned this just and modest answer , That sure they could not expect that he either could or should condescend to this their desire , which yeelded unto , did overthrow the verie foundation and maine rule of Justice , viz. That any man should be punished for any crime before he were legally convicted of it , and therefore he advised them to follow the constant course of justice , which was this ; If they thought these Judges clearely convincible of these horrible crimes , they should intend first processe against them , and then probation of the crimes ; of which if they were found guiltie , then they needed not doubt but they should be removed from their places , and receive such further condigne punishment as the Lawes of the Kingdome had provided for such notorious criminals ; assuring them , that We his Master would bee so farre from hindring the course of Justice against any such offenders , as that Wee would hold it a speciall service done to Us , to bring the iniquitie of Our Judges to publike triall and censure , and that he would make Us acquainted with their demands : with which just answer they were resolved to be so unsatisfied , that they replied unto him , that this his deniall would be attended with a great inconvenience to all Our subjects , for they would in that case of deniall make and publish a Protestation , that whatsoever Act , Decree , or Order , the Lords of Our Session should make in any cause at which these two Judges , or either of them , were present and gave voice , should be null and void in Law ; and that none of Our subjects either should bee bound or would yeeld obedience to them : ( Was not this a strange usurpation upon Regall power ? ) To this Our Commissioner only added , That everie such Protestation must be made before the Lords of the Session , who had the power of admitting or repelling it , and therefore for that point hee remitted them to these Lords as the competent Judges of it ; which answer of Our Commissioner they presently laboured to have misconstrued by their partie , telling them that there was no hope of any Justice to be had against any man who was an enemie to them and their Covenant . At the day appointed by the Proclamation , the Session sate down , and Our Commissioner in his owne person went to the place , and opened it , with a short speech to the Judges , to this purpose . THat hee was warranted from Us to recall the Session againe to Edinburgh ; That the chiefe thing that had moved Us thereunto , was the sense of the many incommodities which Our subjects in generall , and the Judges in particular did sustaine by the removing of it ; That We had required him to desire and command the Judges to grant all reasonable dispatch to Our subjects in the administration of Justice , that so some time which was lost might be regained ; That in Our name he required them to be very carefull and circumspect , that in these troublesome times no Order nor Decree might passe from them , which might be prejudiciall to Our Crown or service . Our Judges hereupon returned to Our Commissioner their humble and heartie expressions of all thankfull acknowledgment , for this Our singular favour and grace to themselves and all Our subjects , and with great submission intreated him to returne unto Us their humble and heartie acknowledgment . And here now We desire the Reader to observe , that the Covenanters neither made any such Protestation against the sitting of the two Judges , as they talked of , nor did ever intend any processe or probation against them for the crimes objected , though Our Commissioner immediately after his returne from Us , assured them , that We not onely had given them leave , but would thanke them for so doing ; which We are confident they would have done if they had conceived these Judges guiltie , and giveth to Us good assurance that this calumnie against these Judges , was onely cast in by some of their ring-leaders , to marre and interrupt that resentment of Our grace and favour , which they perceived wrought verie much upon many of Our subjects of their partie , for bringing backe again Our Courts of Justice to Our citie of Edinburgh . The Session thus setled , Our Commissioner resolved to publish by Proclamation the Declaration of Our grace and favour : The principall Covenanters , when they could not disswade him from it , presently went about , and both by themselves and their seditious Preachers , filled their followers mindes with such fearefull expectations of it , that some dayes before it was published ▪ they filled the streets with multitudes of people , especially neare the Crosse where it was to be proclaimed , and those in hostile equipage divided into rankes , pulling their swords out of their belts , and with pistolls , being armes prohibited by Our lawes of that Kingdome , giving out , that if this Our Declaration were hearkened unto , it would bring undoubted ruine to their Religion , lawes and liberties , though the people knew nothing of what was to be delivered in Our Declaration : Some daies they continued in this posture , which made Our Commissioner delay the publishing of it , untill he might heare of more quietnesse and peace in the streets ; of which being advertised , he caused the Proclamation of Our grace and favour solemnely to be made at the Crosse of Edinburgh : No sooner were the trumpets sounded , but there came to the Crosse a mightie confluxe of people , the Covenanters had presently a scaffold erected , on which they mounted with a Protestation readie written in their hands , before Our Proclamation was pronounced : Our Proclamation was thus . CHARLES by the grace of God , King of Scotland , England , France and Ireland , Defender of the Faith. To our Lovits Heraulds Messengers , our Sheriffes in that part , conjunctly and severally specially constitute greeting . Forsameikle as We are not ignorant of the great disorders , which have happened of late within this Our ancient Kingdome of Scotland , occasioned , as is pretended , upon the introduction of the Service Book , Book of Canons , and High Commission , thereby fearing innovation of Religion and Laws . For satisfaction of which fears , We well hoped , that the two Proclamations of the eleventh of December , and nineteenth of February , had been abundantly sufficient : Neverthelesse , finding that disorders have daily so increased , that a powerfull rather then perswasive way , might have been justly expected from Us ; Yet We out of Our innative indulgence to Our people , grieving to see them run themselves so headlong into ruine , are graciously pleased to try , if by a faire way We can reclaime them from their faults , rather then to let them perish in the same . And therefore once for all We have thought fit to declare , and hereby to assure all Our good people , that We neither were , are , nor by the Grace of God ever shall bee stained with Popish superstition : But by the contrary , are resolved to maintain the true Protestant Christian Religion already profest within this Our ancient Kingdome . And for farther clearing of scruples , We do hereby assure all men , that We will neither now nor hereafter presse the practice of the foresaid Canons and Service Book , nor any thing of that nature , but in such a faire and legall way , as shall satisfie all Our loving subjects , that We neither intend innovation in Religion or Lawes . And to this effect have given order to discharge all Acts of Councel made thereanent . And for the high Commission , We shall so rectifie it with the help of advice of Our privie Councel , that it shall never impugne the Lawes , nor bee a just grievance to Our loyall subjects . And what is farder fitting to be agitate in generall Assemblies and Parliament , for the good and peace of the Kirk , and peaceable government of the same , in establishing of the Religion presently profest , shall likewise be taken into Our Royall consideration , in a free Assembly and Parliament , which shall be indicted and called with Our best conveniencie . And We hereby take God to witnesse , that Our true meaning and intention is , not to admit of any innovations either in Religion or Laws , but carefully to maintain the purity of Religion already profest and established , and no wayes to suffer Our Lawes to be infringed . And although We cannot be ignorant , that there may be some dis-affected persons who will strive to possesse the hearts of Our good subjects , that this Our gracious declaration is not to be regarded ; Yet We do expect that the behaviour of all Our good and loyall subjects will be such , as may give testimonie of their obedience , and how sensible they are of Our grace and favour , that thus passeth over their misdemeanours , and by their future carriage make appeare , that it was only feare of innovation , that hath caused the disorders which have happened of late within this Our ancient Kingdome . And are confident , that they will not suffer themselves to be seduced and mis-led , to misconstrue Us or Our actions , but rest heartily satisfied with Our pious and reall intentions , for maintenance of the true Religion and Lawes of this Kingdome . Wherefore We require and heartily wish all Our good people carefully to advert to these dangerous suggestions , and not to permit themselves , blindely under pretext of Religion , to be led in disobedience , and draw on infinitely , to Our grief , their own ruine , which We have , and still shall strive to save them from , so long as We see not royall Authoritie shaken off . And most unwillingly shall make use of that power which God hath endued Us with , for reclaiming of disobedient people . OUR WILL is herefore , and Wee charge you straightly and command , that incontinent these Our Letters seene , you passe to the market crosse of Our Burgh of Edinburgh , and all other places needfull , and there by open Proclamation make publication hereof to all and sundry Our good subjects , where through none pretend ignorance of the same . The which to do , We commit to you conjunctly and severally Our full power , by these Our Letters , delivering the same by you duely execute and indorsed againe to the Bearer . Given at Our Court of Greenwich the twenty eight day of June , and of Our Reigne the thirteenth yeer . 1638. Per Regem . NO sooner was it ended , but this their ensuing Protestation against it begun , and was publickly read ; which here , according to their printed Copie , We have caused to be reprinted . The Protestation of the Noblemen , Barons , Gentlemen , Burrows , Ministers and Commons , &c. WEe Noblemen , Barons , Gentlemen , Burgesses , Ministers , and Commons , That whereas wee the Kings Majesties true and loyall Subjects , who have ever esteemed it our greatest happinesse to live under a religious and righteous King , and our greatest glory to testifie our best affections to our gracious Soveraign , have beene in His Majesties absence from this His native Kingdome heavily pressed for a long time past , And especially of late , with diverse innovations , which both in themselves , and in the way wherein they have beene urged , doe manifestly tend to the prejudice of the Kings honour , and of our Religion , Laws and Liberties , And by which we were brought to such extremitie , that there was no way left betwixt the rock of excommunication , and the high paine of rebellion on the one part , and the desperate danger of forsaking the way of true Religion and the breach of our Covenant with God on the other , but to represent our case , and present our supplications to the Lords of secret Councell , that being equally pondered by them , they might either be answered by themselves , or by their recommendation might ascend to his Majesties owne consideration : And therefore in all humble manner we did to this effect supplicate their Lordsh : we were most willing ( for the modest following of our supplications ) to obey their direction in choosing Commissioners for the great number of supplicants , who flocked together from all quarters of the Kingdome ; were carefull to order our selves in all Christian and quiet carriage , and against the tediousnesse of many and long delaies did wait for a long time with very great patience , till at last they were pleased to receive our supplications , complaints and bills : And conceiving them to containe weightier matters then could by themselves bee determined , they did promise and undertake to represent and recommend the same , according to their more then ordinary importance , unto his Majesties Royall consideration , and to report his Majesties answer . While his Majesties good Subjects of all ranks , throughout the whole Kingdome , had their minds wakened , and their hearts filled with the expectation of a gracious and satisfactorie answer , worthy of his Majesties pious and equitable disposition , in the Month of February last , incontinent a rumour flyeth through the Countrie , and filleth all eares , That the Lords of his Majesties secret Councell were commanded to make such a Proclamation concerning the Service booke , booke of Canons , and the peaceable meetings of his Majesties good Subjects in time comming , as we were perswaded to have beene procured by the secret working , and malignant mis-information of our adversaries , Seeking for their owne private ends , without respect to his Majesties honour , and welfare of this Kirk and Kingdome , to stop the course of our legall proceedings , and to escape their owne due censure : And therefore intending to make known to the Lords of secret Councell what was noised concerning the Proclamation ; how far the whole Kingdome had been by some sinistrous mis-information frustrate of their hopes , and their constant desire to have some course taken by their Lordsh : advice ; how his Majestie being further informed , might deliver his good subjects from so great grievances and feares , and establish a sure peace in this Countrie for time to come ; we found our selves tyed by order of Law to decline those against whom we had made our complaint , unlesse we would admit our parties to be our Judges : And in case our Declinator should not be accepted , we behoved to protest , that we might have immediate recourse to the King himselfe , &c. Thereafter in the Moneth of March , finding that by the foresaid Proclamation the innovations supplicated against were approven , our lawfull proceedings condemned , our most necessary meetings prohibited , there being no other way left unto us , wee were necessitate to renew the nationall Covenant of this Kirk and Kingdome , thereby to reconcile us to God , provoked to wrath against us , by the breach of his Covenant within this Land , to cleare our Soveraigns mind from all jealousies and suspicions , arising from our adversaries mis-information of our intentions and carriage ; and so to make way for his acceptance of our humble supplications , and grant of their lawfull remedies , to guard this Land in defence of Religion , authoritie and liberty against inward divisions , and externall violences . And that our actions might be answerable to our holy profession , we afterward drew up an humble supplication , containing our grievances , and desires of the ordinary remedies thereof , to have beene delivered to the King himselfe : In the meane time wee were directed by those , who were intrusted by his Majesty , to attend his Declaration here in Scotland , which would free us of all feares of innovations of Religion , and prove satisfactorie : And lest for want of true information of our just grievances and desires it should fall out otherwise , wee expressed to them , with the greatest modestie wee could , our desires in some few Articles , and with great patience have attended his Majesties pleasure thereanent : And all this Moneth by-gone being frequently conveened to heare the same delivered by his Majesties Commissioner the right Noble and potent Lord James Marquesse of Hamiltoun , &c. we presented a new petition to his Grace as his Majesties Commissioner , craving most humbly the indiction of a free Assembly and Parliament , as the onely remedies thereof : Like as finding a mis-information , or mistake of our Covenant with God , as if it had beene an unlawfull combination to bee the maine hinderance of obtaining our desires , in a new supplication ; wee have fully removed that impediment , renewed our desires of those supreme judicatories , to bee indicted with diligence , for settling of the Kirke and Kingdome : But being answered only with delayes after these nine Moneths attendance , and with this Proclamation that conteined his Majesties gracious declaration of his pious intentions , not to admit of any innovations in Religion or Law , nor any staine of Popish superstition , But on the contrary to be resolved to maintaine the true Christian Religion professed in this Kingdome ; which we were ever so far from calling in question , as in our supplicatications , complaints , and bills we used the same as one cause of our desires , one ground of our confidence of a gracious answer , and argument of our adversaries malignant mis-information of so religious a King ▪ And now most humbly ( with bended knees and bowed hearts ) thanke our gracious Soveraigne for the same , Wishing and praying the Lord of heaven , truly and fully to informe his Majestie how far these bookes , judicatories , and all our other evils and grievances are full of idolatrous superstitions , and Popish errours , How destructive of the reformation of Religion in this Land , and of the Lawes and Liberties of this Church and Kingdome , and so directly contrary to this his Majesties pious intention and Declaration . Yet seeing that no Proclamation could sufficiently remove the present evils , nor settle our feares , nor secure us from the re-entrie of any evill or Innovation , which it seemed to discharge or prevent the like in time comming , nor satisfie our humble supplications , craving the present indiction of a free Assembly and Parliament , as the only remedies of our evils , and meanes to prevent the like : And seeing this Proclamation doth not so much as make mention , or acknowledge any of our supplications , complaints and grievances , or any just cause thereof , except under the name of great increase of disorders , faults , and mis-demeanours , but only our feares of some future Innovation of Religion or Lawes , occasioned onely ( as is pretended ) by the introduction of the Service booke , booke of Canons , and High Commission ; which feares his Majestie hoped to have beene abundantly and sufficiently satisfied by his two former Proclamations of the ninth of December , and ninteenth of February . And by this his present Declaration , except his subjects bee blindly ( under pretext of Religion ) led unto disobedience , Doth mis-ken , passe over , and so in effect denie all our supplications , bills , articles , and desires , especially our complaints against the Prelats our parties . And , that once for all , in a faire and perswasive way , even after the resaite of our last supplication , clearing us from the calumnie of unlawfull combination ; Doth not disallow nor discharge any of the innovations , and evils complained upon , but only assureth that his Majestie will not presse their practice , but in such a faire and legall way , as shall satisfie his subjects of his intention ; which ( joyned with the other clause , allowing and confirming the Proclamation the nineteenth of February ) evidenceth the liberty left to any Prelate or persons to practise the same , and by all other faire waies to perswade others thereunto ; and his Majesties resolution to presse their practice in a faire and legall way : And also confirmeth the former Declaration , that the Service Booke is a ready meane to maintaine the true Religion already professed , and to beat out all Superstition , and no waies to be contrary to the Lawes of this Kingdome , but to be compiled and approved for the universall use and edification of all his Majesties subjects ; Doth not abolish , but promiseth to rectifie the High Commission , with advice of his privie Councell , implying the Kings power , with consent of the Councell , to establish this or any judicatory within this Kingdome , without consent of the three Estates conveened in Parliament , contrary to the fundamentall and expresse Lawes thereof ; and by consequent with the like reason , to establish Lawes and Service bookes , without consent of the Assembly and Parliament ; Which is contrary to the maine ground of all our supplications , against the manner of their introduction ; Doth only promise to take into his consideration in an Assembly and Parliament , which shall bee called at his best convenience , while as the evident and urgent necessity , for settling the combustions , threatning the totall dissolution and desolation of this Church and State , excuseth our uncessant and importune calling for these present remedies ; Doth insinuate the continuance and execution of any pretended Lawes for these innovations of worship , and corruptions of Church government , and civill places of Church-men , which by our Covenant , wee have obliged our selves to forbeare , and the re-establishment of these evils in an Assembly and Parliament , which hee will call in his best convenience , to wit , for that and this other end of satisfying his subjects judgements anent the Service Booke and Book of Canons ; Doth condemne all our former proceedings , even our supplicating , complaining , protesting , subscribing of our Covenant together , and our continuall meetings , as great disorders , increase of disorders , deserving justly a powerfull rather then a perswasive way , a running headlong into ruine , a perishing in our faults , a blind disobedience under pretext of Religion , and doth threaten & denounce , Now once for all , If we be not heartily satisfied , and give testimony of our obedience after this Declaration , but continue , as by our former proceedings , to draw on our owne ruine , that , albeit unwillingly , he must make use of that power which God hath indued him with , for reclaiming of so disobedient people . THerefore we , in our own name , and in name of all who will adhere to the Confession of Faith , and reformation of Religion within this Land , are forced and compelled , out of our bound duty to God , our King , native Country , our selves and our posterity . ( lest our silence should be prejudiciall to so important a cause , as concernes Gods glory and worship , our Religion and salvation , the Lawes and Liberties of this Church and Kingdome , or derogatory to our former supplications , complaints , protestations , Articles and proceedings , or unanswerable to the solemne oath of our nation covenant with God ) To declare before God and man , and to protest , Primo , That we doe , and will constantly adhere , according to our vocation and power , to the said Reformation , in doctrine , use of Sacraments , and discipline ; And that notwithstanding of any innovations introduced therein , either of old or of late . Secundo , we potest , That we adhere to the grievances , supplications , and protestations given in at Assemblies and Parliaments , and to our late supplications , complaints , protestations , and other lawfull proceedings against the same , and particularly against the Service book , and booke of Canons , as maine innovations of Religion and Lawes , and full of Popish superstition , and so directly contrary to the Kings Declaration , And against the High Commission , as a judicatory established contrary to the Lawes and Liberties of this Church and Kingdome , and destructive of other lawfull judicatories , which both in respect of the nature of it , and manner of introduction , without consent of the three Estates of Parliament , cannot be any wayes rectified , but absolutely discharged : Tertio , we protest , That we adhere with our hearts to our Oath and subscription of the Confession of Faith , the solemne Covenant betweene God , this Church and Kingdome , and the clauses particularly therein expressed and generally contained , and to our last Articles for the peace of this Kirke and Kingdome , drawne out of it , and to all the matters therein contained , and manner of remedy therein desired . Quarto , We protest , that this Proclamation or act of Councell , or any other act , or Proclamation , or Declaration , or ratification thereof , By subscription , or act , or letter , or any other manner of way whatsoever , or any precondemnation of our cause or carriage , before the same be lawfully heard and tryed in the supreme judicatories of this Kirk and Kingdome , the onely proper judges to nationall causes and proceedings , or any certification or threatning therein denounced , shall no waies be prejudiciall to the Confession of Faith , lawes , and liberties of this Kingdome , nor to our supplications , complaints , protestations , articles , lawfull meetings , proceedings , pursuits , mutuall defences , nor to our persons and Estates , and shall no wayes be disgracefull either in reality or opinion , at home or abroad , to us or any of us : But on the contrary , that any act , or letter , or subscription of the Councell , carrying the approbation of the declaration , and condemnation of our proceedings , indicta causa , is and ought to be repute & esteemed unjust , illegall & null , as here before God and man we offer to clear , & to verifie both the justice of our cause and carriage , and the injustice of such acts against us , in the face of the first generall Assembly of the Church & Parliament of the Estates , unto whom with all solemnities requisite , we do publikly appeal . Quinto , We protest , that seeing our former supplications , last Articles , & our last desire and petition to his Majesties Commissioner , which petitioned for the present indiction of a free general Assembly & Parliament , according to the law and custome of all nations , & of this nation in the like case , to hear the desires , ease the grievances , & settle the fears of the body of the Church & Kingdome , are thus delayed , & in effect refused , to wit , Once for all , till his Majesties conveniency for the end contained in this Proclamation , that We continue by thir presents to supplicate his Majesty again and again , for the granting of the same : And whatsoever trouble or inconvenience fall out in this land in the mean time , for want of these ordinary remedies , and by the practice of any of these innovations & evils , contrary to our supplications , articles , & confession , it be not imputed unto us , who most humbly beg these lawfull remedies , but also that it is , & shall be lawfull unto us , to defend and maintain the Religion , lawes and liberties of this Kingdome , the Kings Authority in defence thereof , & every one of us one another in that cause , of maintaining the Religion , and the Kings foresaid Authority , according to our power , vocation and Covenant , with our best counsel , bodies , lives , means , & whole strength , against all persons whatsoever , & against all externall or internall invasions menaced in this Proclamation . Like as that in the great exigencie of the Church , necessitating the use of this ordinary and lawfull remedies , for settling the commotions thereof , it is and shall be leasome unto us to appoint , hold and use the ordinary means , our lawfull meetings and Assemblies of the Church agreeble to the Law of God , and practice of the primitive Church , the Acts of the generall Assemblies , and Parliaments , and the example of our Worthy Reformers in the like case . Sexto , We protest , that our former Supplications , Complaints , Protestations , Confessions , meetings , proceedings and mutuall defences of every one another in this cause , as they are , and were in themselves most necessary , and orderly meanes agreeable to the lawes & practice of this Church and Kingdome , to be commended as reall duties of faithfull Christians , loyall Subjects , and sensible members of the body of the Church and Kingdome , and no wise to be stiled nor accounted great disorders , misdemeanors , blind disobedience under pretext of Religion , and running headlong into ruine , &c. So they proceeded only from conscience of our duty to God , our King , native Country , and our posterity , and doth tend to no other end , but to the preservation of the true reformed Religion , the confession of Faith , Lawes , and Liberties of this His Majesties most ancient Kingdome , and of His Majesties authority in defence thereof , and satisfaction of our humble desires , contained in our Supplications , complaints and articles , unto the which we adhere againe and again , as we would eschew the curse of the Almighty God , following the breach of his Covenant : And yet we doe certainly expect , according to the Kings Majesty his accustomed goodnesse and justice , that His sacred Majesty after a true information of the justice of our cause and carriage , will presently indict these ordinary remedies of a free Assembly and Parliament , to our just Supplications , complaints , and articles , which may be expected , and useth to be granted from so just and gracious a King , towards most loyall and dutifull Subjects , calling for redresse of so pressing grievances , and praying heartily that His Majesty may long and prosperously reigne over us . WHereupon a Noble Earle , John Earle of Cassles , &c. in name of the Noblemen , M. Alexander Gibson younger of Dury in name of the Barons , James Fletcher Provost of Dundy in name of the Borrowes , M. John Ker Minister at Salt-Prestoun in name of the Ministers , and Master Archbald Johnston , Reader hereof , in name of all who adheres to the Confession of Faith and Covenant lately renewed within this Kingdome , tooke Instruments in the hands of three Notars present , at the said mercat Crosse of Edinburgh , being invironed with great numbers of the foresaid Noblemen , Barons , Gentlemen , Borrows , Ministers and Commons , before many hundred witnesses , and craved the extract thereof : And in token of their dutifull respect to his Majesty , confidence of the equity of their cause , and innocencie of their carriage , and hope of his Majesties gracious acceptance , they offered in all humilitie , with submisse reverence , a Copy thereof to the Herauld . NOw We must appeale to the judgement of the world , whether there was any thing in this Our Proclamation which deserved such an undutifull and rebellious Protestation , or the seditious clamours , which both at their private and publicke meetings , especially in their Pulpits , were made against it . This Protestation needeth no answere ; for after the first part of it , which is nothing but a repetition of that which they have so often said , there is nothing but a number of falsities heaped up together , as the Reader may easily perceive : For whereas they alledge , That they have removed the impediment which caused their Covenant to be mistaken , as if it had beene an unlawfull combination ; We suppose that thereby they meane that which they tendered to Our Commissioner , and called it by the name of an explication of their Covenant ; which explication was so farre from giving unto Us any satisfaction , that both to Us and all reasonable men it must needs appeare to be a stronger confirmation of their unlawfull combination : For whereas they refused to except Us out of the number of those persons against whom their band of mutuall maintenance is intended , it plainely demonstrateth , that in their intentions We are the person chiefly aimed at . In some few lines after this , they professe that they never so much as called in question Our resolution to maintaine the Religion professed in that kingdome , and Our care for not admitting any Innovations in Religion , or any staine of Popish superstition : Now We doe appeale even to their owne consciences , whether in their private meetings , nay even in their publike assemblies and Sermons , they have not endevoured to settle in Our good subjects mindes opinions , feares , and jealousies , quite contrarie to these their printed asseverations . In the last part they ground their Protestation upon no grounds but such as these : That they will continue together , because they have obliged themselves by oath so to doe , and because they will and are resolved to adhere constantly to what they have done , and because they offer to cleare themselves before a generall Assembly and Parliament , where they themselves make accompt to be Judges . Now these and such like false and weake grounds it is very unnecessarie to confute , the rehearsall of them being upon the first view , their sufficient conviction . After all these , they end their Protestation with two very unsavourie conclusions : The first is , that if We will not allow of their proceedings , they themselves will call a Generall Assembly , which shall be sure to allow of them . A notable piece of hypocrisie and disloyaltie together , to be suiters to Us for that which they ( as they say ) both may doe and are resolved to doe without Our leave : The second is , they protest , that , notwithstanding any thing which We doe or shall say to the contrarie , all their proceedings are in themselves most necessarie , and orderly meanes , agreeable to the Laws and practise of that Church and Kingdome , to be commended as reall duties of faithfull Christians , loyall subjects , and sensible members of the body of that Church and Kingdome , and no way to be styled or accounted great disorders , misdemeanours , blinde disobedience , under pretext of Religion , and running headlong into ruine : All which words are multiplied , onely to make up a verie unmannerly contradiction to the verie words of Our Proclamation . Our Commissioner seeing , not that he was not able to give , but that they were resolute not to receive any satisfaction by what was offered , and that the most that they could be brought to , was that which they called an explication of their Covenant , but indeed was none ; for they would never yeeld that these words , whereby in their Covenant they bound themselves in a mutuall defence against all persons whatsoever , should admit this interpretation ( Except the King : ) He told them plainly , that since his Instructions were out , he could proceed no further with them without new conference with , and Instructions from Us ; and therefore he resolved a speedie journey to Us , to informe Us of what had passed , and make Us acquainted with that explication of their Covenant which they had given him , though as it had given no satisfaction to himselfe , so he was sure it would give none to Us : In the meane time , he entreated them to behave themselves more quietly and peaceably then they had done , untill Our pleasure were further knowne . That pretended explication of their Covenant was conceived by way of Petition , and was this . To His Majesties Commissioner : The supplication of the Noblemen , Barons , Burgesses , Ministers and Commons here attending His Majesties gracious answer of our former petitions , complaints , and desires , Humbly shewing , THat whereas we expecting from your Grace , as His Majesties Commissioner , a gracious answer of our former supplications , complaints and just desires , have presented to your Grace a petition , humbly craving a free generall Assembly and Parliament , as the ordinarie remedy of our grievances , and the onely meane to put this Kirk and Kingdome to quietnesse , It pleased your Grace to shew , that His Majestie , from His princely care of this Kirk and Kingdome , would be most willing to indict a free generall Assembly , and call a Parliament for those good ends , but that your Grace , as His Majesties Commissioner , hath conceived the Confession of faith , and Covenant latelie renewed by us His Majesties subjects , to be an unlawfull combination against Authority ; thereby to cast off our dutifull obedience , and not a Covenant for maintaining of true Religion , of His Majesties Person and Authority , and of the Laws and Liberties of the Kingdome . And we being most willing to remove that , as the maine hinderance of the obtaining of our desires ; Therefore , and for clearing of our loyaltie , and vindicating our selves from so great an imputation , Wee do now in all humility remonstrate to your Grace , as His Majesties Commissioner , and declare before God and men , that we are heartily grieved and sorrie , that any good man , but most of all that our dread Soveraigne should so conceive of our doing : And that we were , and still are so fa●re from any thought of withdrawing our selves from our dutifull subjection , and obedience to His Majesties government , which by the descent , and under the raigne of 107 Kings , is most chearfully acknowledged by us and our predecessours , that we never had , nor have any intention or desire to attempt any thing that may turne to the dishonour of God , or diminution of the Kings greatnesse and authority . But on the contrary , we acknowledging our quietnesse , stability and happinesse to depend upon the safety of the Kings Majestie , as upon Gods Vicegerent set over us for maintenance of Religion , and ministration of Justice , have solemnly sworne , not onely our mutuall concurrence and assistance for the cause of Religion , but also to the uttermost of our power , with our meanes and lives , to stand to the defence of our dread Soveraigne the Kings Majestie , His Person and Authority , in the preservation and defence of the true Religion , Liberties and Lawes of the Kingdome . And therefore , we His Majesties loyall subjects , free from that and all other imputations of that kinde , most humbly beseech your Grace to esteeme that our Confession of Faith and Covenant , to have been intended , and to be the largest testimony of our fidelity to God , and loyaltie to our King : And that hinderance being removed , must still supplicate that your Grace would be pleased to indict a free generall Assembly and Parliament , which will undoubtedly redresse all our evils , settle the peace of the Kirk and Kingdome , and procure that chearfulnesse of obedience which ought to be rendred to His Majesty , carrying with it the offer of our fortunes , and best endeavours for His Majesties honour and happinesse , as a reall testimony of our thankfulnesse , and our hearty prayers to God that His Majestie may long and prosperously raigne over us . NOw , doth this Petition deserve the name of an explication of their Covenant ? much lesse of such an explication as should give either Us or Our Commissioner any satisfaction ? No , for it containeth neither more nor lesse then this , that they doe not meane to shake off their obedience , if We will give way to all their courses , which by this Petition they justifie ; so that their meaning is , that they will continue obedient subjects , if We will part from Our Soveraigntie ; which is in effect , that they will obey if Wee will suffer them to command . But where it was expected that to these words of their Covenant , whereby they binde themselves to mutuall maintenance , against all persons whatsoever , should have beene added , except the King and his successors , that was refused , though even that could have given no satisfaction , unlesse We should give way to that which divers Acts of Parliament have made sedition , and punishable with death . Upon notice given by Our Commissioner of his intended departure , the debatements at their Table grew very hot and fierie upon this point , Whether they should presently indict a Generall Assembly , and fall upon the violent courses intended by them , or that they should grant some short time for his journey , his stay with Us , his returne to them againe , with Our finall answer and last resolution ; and in the meane time promise that they would behave themselves quietly and peaceably , and continue all things in statu quo untill his returne . This last was agreed unto , though not without much contrarietie of voices , and so some of the principall Covenanters came and acquainted him with this their resolution , which was , That they would expect Our answer , and his returne upon the fifth of August next at the furthest ; untill which time they would breake up their great meeting , containe themselves and the people in quietnesse and peace ; but if by that day he did either not return , or not bring with him from Us such an answere as they expected , then they would hold themselves free , and goe on to prosecute the courses which they had resolved upon . And so Our Commissioner begun his journey towards Us. After Our Commissioner had at Greenwich made Us fully acquainted with all their insolencies , We speedily dispatched him with new Instructions , and commanded him to returne , so that he might be backe in Scotland by the fifth of August , and gave him order for the indicting both of a Generall Assembly and a Parliament , but so , that he should first be fully satisfied , by all informations which he could conveniently receive , of the constitution of a Generall Assembly , with which perhaps many were not acquainted , none having beene kept for divers yeares : And therefore it did require good deliberation , to agree both upon the members of the Assembly ( not for their persons but for their qualitie ) and of what things were usually treated and handled there . No sooner was he returned into Scotland , but he found all things in much worse case , and in a farre greater combustion then he left them : For he found that the heads of the faction ( being affraid that he might bring backe with him some satisfactory accommodation , which Our subjects might like well , but they themselves resolved to reject ) had in the time of his absence assured their followers , that they might compasse their ends by such means and upon such conditions as themselves desired : Nay , they proceeded so far , as to make the people beleeve what they knew to be most untrue , viz. That Our Commissioner was well satisfied with all their proceedings , and especially with their Covenant , in regard of the late explication they had made of it ; and were so impudent as to use that inducement for an argument , whereby they perswaded many of all sorts , especially of the Ministers , who had formerly stood out against their Covenant , to enter into it , in this short time of his absence from them ; And the three Ministers in their answers to the Queries of the Divines of Aberdene , had the boldnesse to print , that Our Commissioner rested satisfied with their Covenant , according to their explication of it : With which their notorious calumnie he found himselfe so highly injured , in a point which so much concerned his loyaltie to Us , and the trust reposed in him by Us , they he was enforced to call the Lords of Our Councell , divers others of Our Nobilitie , and some of the Lords Covenanters themselves , to give testimonie of his frequent asseverations in their hearing , that as he himselfe was no way satisfied with that explication , so he was assured that We neither would nor could receive any satisfaction by it , only that he would present it to Us at their entreatie : And besides the attestation of so many witnesses , he was necessitated , both for clearing of himselfe to Us , and preventing the further encrease of Covenanters , upon that false and groundlesse surmise , to print a Manifest and Declaration of his own clearnesse and their calumnie . It is true that they printed a weake answer to that Manifest , in which they confesse , that they never heard him say that he was satisfied with that Declaration , but that by some probable reasons ( which are there expressed , and indeed are most improbable ones ) they were induced to beleeve that he was satisfied with it , although that both to their new Proselytes , and in the Ministers printed answers , they had positively averred , that after he had received that explication he was fully satisfied with their Covenant : Which dealing of theirs gave occasion for many to thinke , that this false aspersion was put upon him , by those who ever laboured to strangle all hopes of reconciliation , onely to raise in Us a distrustfull jealousie of his service , that so he might be called backe , and the people made beleeve that no relieving of their grievances was intended by Us. About the same time a great stirre was raised in that Kingdome upon a very slender ground , which was this : There had been printed at Antwerpe in severall pieces ▪ the pictures of the severall stories of the Gospels , and Acts of the Apostles , after the manner as they are usually printed in the Romish Church ; some Papists , and it may be others , had caused these severall pieces to be bound in their Bibles , at the severall chapters of those stories to which they did relate ; they found such a Bible printed at Edinburgh , which being printed ( as all Bibles are ) by Our priviledge , upon a sudden there were made most tragicall complaints , that pictures and images were brought into their Bibles by Our authoritie , aggravated by the heads of that faction , especially the Ministers , with the imminent dangers of the present introduction of Poperie , Superstition , & Idolatrie , still to make the people averse from all hope of satisfaction ; so that some did conceive , that these pictures might bee bound in that Bible by some of themselves , meerly to irritate the people , and continue them in their distance from returning to Our obedience : but so far with this particular we cannot charge them . Now , notwithstanding these new and daily emergent combustions , and their perpetuall working of the people , both in their Pulpits and at their other meetings , to new insolencies and greater heights of rage and furie , Our Commissioner resolved ( as well as he could ) to passe them over , and to enter into treatie with them for the preparative overtures of a Generall Assemblie , because he did see that all these impediments and blocks were laid purposely in his way , that either hee might stumble at them , or bee so scared as to go back ; for it was plainely perceived , that whensoever he made any proposition of peace , likely to take or please , they presently cast about how to dash it with some new violence and accident which should make it impossible , as did most evidently appeare in this particular . Our Commissioner sent some of Our Councell to conferre with some of the principall Covenanters , concerning some necessarie propositions fit to be resolved upon before the indicting of the Assemblie ▪ both concerning the members of which it was to bee constituted , and concerning the matters to be treated of in it , ( two consultations usually previous to that meeting , for the omission whereof in one Assemblie of later times , they had so grievously complained , that in a Petition exhibited by the Ministers of their side , it was alleadged for a nullitie of that Assemblie : ) This message was received with so much choler and contempt , that they presently blazed it abroad amongst their followers , for a proposition tending utterly to the ruine of the Lawes and liberties both of Church and Kingdome , that the hearkning to any such overtures was an absolute prelimitation of that Assemblie , which they intended should be free and generall , that neither of the members of their Assemblie , nor of the matters to bee handled in it , they would speak so much as one word untill they came upon the place , and were in the Assemblie ; that then and there the Assemblie it selfe was to be the sole judge both of the competencie of the members elected , of the regularitie of their election , and of all matters treated of there , whether they were of their cognisance and jurisdiction or not , and likewise gave out , that they did not much care whether Our Commissioner would indict an Assemblie or not : they would indeed like it better if it were indicted by Our authoritie , but if We , requested by them so to do , should refuse it , they both could and would do it of themselves : Then did their Pulpits againe begin to ring with this monstrous proposition , as they called it , of the utter subversion of the liberties of their Church , by the prelimitation of their Assemblie , as if this conference propounded by Our Commissioner concerning the orderly proceedings in that meeting , had beene such a blow to their Church , as they could not feare a greater from Rome it selfe . And to make Our Commissioner beleeve that they were in good earnest , they had a little before caused the Presbyterie of Peebles to begin with the election for their Commissioners to the Generall Assemblie , being a place not above twentie miles distant from Edinburgh , so that they were sure it must speedily come to his knowledge : To this election all the Gentlemen within the compasse of that Presbyterie resorted , intruded themselves by violence , and in despite of the Ministers would give their voices to the chusing both of the Ministers and one lay-man to be Commissioners for that Presbyterie at the next Assemblie , whensoever , and wheresoever it should bee kept , when as yet no Assemblie was indicted . Our Commissioner weighing well these two things ; First , that the principall Covenanters , Noblemen , Gentlemen , and Ministers , as hee had occasion to speak with them severally , and upon severall occasions , had protested unto him , that their meaning never was quite to abolish Episcopall government , but onely to have it limited and restricted , according to the Lawes of that Church and Kingdome , and that they might bee accomptable to , and censurable by the Generall Assemblie , if they should transgresse these limits ; adding , that they had farre rather live under that government , then under the tyrannie of the Presbyeries , which they had heard their fathers so much complaine of , and had given them charge to beware of ; the like Protestations they having likewise made to divers of Our Councell , and others : And secondly , considering that he now found that they begun to speak more sparingly and reservedly in that point , and would not so much as treat of it before the Assemblie , and that some of them had given out , that they had resolved upon a way to throw off that grievous burthen of the Presbyteries , with the weight whereof their fathers were so much grieved , viz. by joyning so many Laick Elders to every Presbyterie as there should be Ministers in it , by which meanes the Laitie should bee able to keep the Presbyterie under , without the help of Bishops . Our Commissioner was now once againe at a stand , not knowing how to proceed , as not being sufficiently warranted by Our instructions to indict a Generall Assemblie or Parliament , unlesse hee should first bee satisfied by advice of them who understood the formes of Assemblies , what course was to bee held , both for the members of that Assemblie , and the manner of their election , and for a previous consultation of the principall things to be treated there ; all which consultations the Covenanters did utterly reject : He therefore resolved once againe to make a journey to Us , and acquaint Us with these new occurrences , since hee found them daily increasing in their obstinacie , & so changed , as he was not able to make any judgment , either of their resolutions , or desires , or of what would give them satisfaction . And therefore Our Commissioner told them plainely , that he had no authoritie from Us to indict an Assemblie , unlesse some particulars were agreed upon , both concerning the constitution of the Assemblie , the present settling the peace of the Kingdom , and the righting and restoring to their places such Ministers as had beene displaced without order of Law , who might againe be displaced , if at the Assemblie they were found to deserve it : The summe of Our demands he delivered to the chiefe Lords Covenanters in these ten Articles , which will be found by the reading of them to be verie just and reasonable . THat all Ministers deposed or suspended by the Presbyteries since the first of Februarie last , without warrant of the Ordinarie , shall be restored to their owne places , till such time as they shall be legally convicted . That all Moderators of Presbyteries , deposed since the foresaid day by the Presbyteries , without warrant of the Ordinarie , be restored , and all Moderators appointed by the said Presbyteries without warrant foresaid , to desist from executing the office of Moderator . That all Ministers admitted by the Presbyteries since the foresaid day , without warrant from the Ordinarie , shall desist from exercising the function of their ministerie in that place to which they have beene so presented and admitted . That all Parishioners shall frequent their owne Churches , and heare their owne Minister , and that the Elders assist the Minister in the Session , and other exercises of the discipline of the Church , as formerly they were used to do . That all Bishops and Ministers , have their rents and stipends duely and thankfully paied them . That all Ministers bee appointed presently to repaire to their owne Churches , that none of them come to the Assemblie , or to the place where the same shall bee held , but such as shall bee chosen Commissioners from the Presbyteries . That according to the Act of Assemblie 1606. Moderators of Presbyteries being found necessarie members of the Assemblie , everie one of the said Moderators bee appointed to bee Commissioner from that Presbyterie where he is Moderator . That Bishops and other Ministers who shall attend the Assemblie , may be secured in their persons from all trouble and molestation . That the Commissioners from Presbyteries , be chosen by the Ministers of that Presbyterie onely : And that no lay-person whatsoever , meddle in the choice , nor no Minister without his owne Presbyterie . That all Convocations and meetings be dissolved , and that everie man repaire to his owne house , and that the Countrey not onely be made peaceable , but also that all such Acts be forborne , as may make it appeare to be otherwayes . And since his Majestie is still displeased with the Covenant , wisdome and our dutifull obedience to our Soveraigne require , that some such course should be taken , whereby his Majestie may receive satisfaction therein ; and in the mean time , that there be no pressing , threatning , or perswading of men to subscribe the Covenant , nor no mention be made thereof any more in Pulpits . To these ( according to their usuall manner ) they would no way condescend , but returned to Our Commissioner these most unjust and unreasonable answers . Answers to the particulars propounded by his Majesties Commissioner . HAving seriously considered with our selves , that nothing in this world is so precious , and ought to be so deare unto us as our Religion , that the diseases of the Church after long toleration did threaten no lesse then her utter ruine , and the expiring of the truth of Religion at last , and that a free Generall Assemblie was the ordinarie remedie appointed by divine Authoritie , and blessed by divine providence in other Churches , and after a speciall manner in the Church of Scotland ; wee have often , and earnestly supplicated for the same , and have laboured to remove what was objected , or what wee could conceive to be any hinderance to the obtaining of our desire , like as we have now for the same good end resolved to returne this answer to the particulars propounded , to bee performed by us before any Assemblie be indicted . The particulars propounded , are either concerning matters Ecclesiasticall , or Civill : Ecclesiasticall , or Church matters are , The first , concerning Ministers deposed or suspended by the Presbyteries , since the first of Februarie last , without warrant of the Ordinarie , that they bee restored to their owne places . The second , concerning Moderators of Presbyteries deposed since the foresaid day , to bee restored , and all Moderators appointed by the said Presbyteries without warrant aforesaid , to desist from executing the office of Moderator . The third , concerning Ministers admitted since the foresaid day , that they desist from exercising the function of the Ministerie in that place , to which they have beene admitted . These three particulars do concerne the power , dutie , and particular facts , or faults of Presbyteries , wherein we have no power to judge or determine , whether they have proceeded lawfully or not , farre lesse can we urge or command them to recall what they have determined or done , in the suspending , deposing , or admitting of Ministers , or Moderators ; they being properly subject to the superior Assemblies of the Church ; and in this case and condition of the Church , to the Generall Assemblie , where , if they shall not after tryall justifie their proceedings , from the good warrants of Scripture , reason , and the acts and praclices of the Church , they ought to sustaine their owne deserved censure . And since on the one side , there be many complaints against the Prelats for their usurpation over Presbyteries in the like particulars ; and on the other side , there be such complaints of the doings and disorders of the Presbyteries , to the offence of the Prelats ; we trust that his Majesties Commissioner will not esteeme this to be any hinderance of the indiction of a Generall Assemblie , but rather a powerfull and principall motive with speed to conveene the same , as the proper Judicatorie wherein to determine such dangerous and universall differences of the Church . Neither do wee heare that any Ministers are deposed , but onely suspended , during this Interim till a Generall Assemblie , for their erroneous doctrine and flagitious life ; So that it were most * offensive to God , disgracefull to Religion , and scandalous to the people , to restore them to their places till they be tried , and censured . And concerning Moderators , none of them ( as we understand ) are deposed , but some onely changed , which is verie ordinarie in this Church . The fourth , concerning the repairing of Parishioners to their owne Church , and that Elders assist the Ministers in the discipline of the Church , ought to be cognosced and judged by the particular Presbyteries , to which the Parishioners and Elders are subject , since the cause may bee in the Ministers no lesse then in the Parishioners and Elders . And in case they finde no redresse there , to assent till they come to a Generall Assemblie , the want whereof maketh disorders to bee multiplied , both in Presbyteries and particular Parishes . To the sixth , That ministers wait upon their owne Churches , and that none of them come to the Assemblie , or place where the same is kept , but such as shall bee chosen Commissioners from Presbyteries , we answer , That none are to come to the place of the Assemblie , * but such as are either allowed by Commission to have voice , or otherwise have such interesse as they can justifie to his Majesties Commissioner , and the Assemblie conveened . To the seventh , Concerning the appointing of Moderators of Presbyteries to bee Commissioners to the Generall Assemblie , onely constant Moderators , who have ceased long since , were found in the Assemblie 1606. ( which yet was never reputed by the Church to be a lawfull nationall Assemblie ) to be necessarie members of the Generall Assemblie . And if both the Moderators , who if they be necessarie members need not to bee chosen , and the chosen Commissioners repaire to the Assemblie , the Assemblie it selfe can judge best of the members whereof it ought to consist . To the ninth , That no lay-person whatsoever meddle with the choosing of Commissioners from the Presbyteries , and no Minister without his owne Presbyterie , we say , That according to the order of our Church discipline , none but Ministers , and Elders of Churches ought to have voice in choosing Commissioners from Presbyteries , and that no Minister , or Elder should have voice in Election , but in his owne Presbyterie . The rest of the particulars are concerning civill matters : As the fifth concerning the paying of Rents and Stipends to Ministers and Bishops , concerning which we can say no further , but that the lawes are patent for them , as for his Majesties other subjects , and that the General Assemblie ought not to be delaied upon any complaint in that kinde . The eighth , requiring that Bishops , and Ministers be secured in their persons , we think so reasonable , that wee will promise everie one of us for our own parts , they shall suffer no violence from us , and that we shall hinder others so farre as wee may ; And if any trouble them otherwise , or make them any kinde of molestation in that attendance but by order of Law , the parties are justly punishable according to the degree of their fault as other subjects are . To the tenth , concerning the dissolving of all Convocations and meetings , and the peaceablenesse of the Countrie ; These meetings being kept for no other end , but for consulting about lawfull remedies against such pressing grievances as threaten the desolation of this Church and State , cannot be dissolved till the evils be removed . And * we trust , that nothing in these our meetings hath escaped us , which carrieth in it the smallest appearance of undutifulnesse , or which may seeme to tend to the breach of the common peace : But although our adversaries have herein calumniated us , yet we have alwayes so behaved our selves , as beseemed his Majesties most humble and loyall subjects , petitioning his Majestie for a legall redresse of our just grievances . To the last , concerning the Covenant ; the Commissioner his Grace having many times and most instantly pressed us with that point , we did first by * invincible arguments make manifest , that wee could not , without sinning against God , and our owne consciences , and without doing wrong to this Nationall Church , and all posteritie , rescind or alter the same : And thereafter did at large cleare the same of all unlawfull combination against Authoritie , by our last Supplication and Declaration , which his Majesties Commissioner * accepted , as the most readie and powerfull of all other meanes , which could come within the compasse of our thought to give his Majestie satisfaction , The subscription of this our confession of Faith , and Covenant being an act so evidently tending to the * glorie of God , the Kings honour , and happinesse of the Kingdome : And having alreadie proved so comfortable to us in the inward of our hearts , It is our ardent and constant desire , and readie wish , that both his Majestie and all his good subjects may be partakers of the same comfort , Like as we finde our selves bound by conscience , and by the Covenant it selfe , to perswade all his Majesties good subjects to joyne with us for the good of Religion , his Majestes honour , and the quietnesse of the Kingdome : which being modestly used by us without pressing , or threatning of the meanest , we hope shall never give his Majestie the least cause of discontent . Seeing therefore , according to our power and interesse , wee are most willing to remove all hinderances , that things may bee carried in a peaceable manner , worthy our Profession , and Covenant , doe aime at nothing but the good of the Kingdome , and preservation of the Church , which by consumption , or combustion , is like to be desperately diseased , except remedy some way bee speedily provided ; And wee delight to use no other meanes , but such as are legall , and have beene ordinarie in this Church , since the Reformation : Wee are confident that without further delay , for preventing of greater evils and miseries then wee can expresse , our just desires shall be granted . So shall we be encouraged in the peace of our souls , still to pray for his Majestie , all encrease of true honour , and happinesse . UPon their refusall , he sent for some of the chiefe Lords Covenanters , and told them of his resolution for a new journey ; that he found their wayes such as he could not goe along with them ; that he had power to grant them a free Generall Assembly , but that he could not conceive that to be a free one , in which they should bring in everie man to have a voice whom they had a minde to : If they would let him know what manner of persons should sit there , and what they intended to doe there , he would give his best concurrence , if he found their intentions to be agreeable to the lawes and customes of that Church and Kingdome ; if they rejected these motions , he knew nothing left for him , but to return back againe to Us , yet he desired them before his journey they would let him know what it was they would have , and that they would expresse what was the uttermost of that which they desired from Us , without which they would not rest satisfied ; that with their desires he would make Us acquainted , and that within a few dayes he would either returne to them himselfe with Our answer , or otherwise it should be speedily sent unto them . Their answer to Our Commissioner was , that they would make their Tables acquainted with his proposition , and he should shortly receive their answer : At their Tables it was much debated , whether he should have any further time allowed him for a new journey , and a speedie returne , or if they should leave him to his owne choice and counsels , and they in the meane time to indict a Generall Assembly , and goe on with the prosecution of their intended resolutions : At last , not without contrarietie of suffrages in this also , it was by most voices concluded , that to give the people satisfaction , they would yet forbeare the indicting of the Assembly untill the 21. day of September , before which time , if he or some other did not returne with such answer as should content them , then they would hold themselves free to goe on with their designes : And for expressing their desires , or what satisfaction they expected from Us , they would not descend to particulars , onely they looked for a free Generall Assembly , and a Parliament , in which two great Courts their desires should be made knowne ; And this being all the answer Our Commissioner could obtaine from them , he told them that he would report it to Us , and intended presently to begin his journey . No sooner were they parted from him , but they betooke themselves to their old courses , both of incensing the people , and dashing in Our Commissioner all hope of doing any good in this service : The first they did by scattering a report amongst their followers , that Our Commissioner neither had power from Us , nor any intention in himselfe to give them any satisfaction , but that he onely delayed time , untill all things might be in a ripenesse and readinesse for their ruine , an evident argument whereof was , that now he had taken two journies thither , & yet had never offered any thing , nor were they in better case then before he was sent unto them : A thing which they knew to be most untrue , both because in Our last Declaration We had granted them verie many things concerning their pretended grievances , which We had not granted before , being the same things which at first they onely desired ; as likewise because Our Commissioner had now lately tendered them in writing ten propositions , upon the yeelding to which he would presently indict an Assembly : But that was all one with them , for so they could perswade the people that nothing yet had been offered at all to content them , they cared not by what reports ( true or false ) that perswasion were wrought in them : Our Commissioner , to assure the people that he intended really , and endevoured their content , if possibly it might be effected upon any reasonable termes , contracted his former propositions into these two ( which We here insert ) and caused many copies of them to be dispersed through the Citie , that so the people might not bee kept from the knowledge of Our favour towards them . IF the Lords and the rest will undertake for themselves and the rest , that no Laicks shall have voyces in choosing the Ministers to bee sent from the severall Presbyteries to the Generall Assembly , nor none else but the Ministers of the same Presbyterie : If they will undertake that at the Assemblie they shall not goe about to determine of things established by Acts of Parliament , otherwise then by remonstrance or petition to the Parliament , leaving the determining of things Ecclesiasticall to the generall Assembly , and things settled by Act of Parliament , to the Parliament : Then I will presently indict a Generall Assembly , and promise , upon my Honour , immediately after the Assembly to indict a Parliament , which shall cognosce of all their complaints . THis did so irritate their Leaders , that they presently entred upon a course that should put Our Commissioner out of hope of ever doing any good in this service ; for they presently gave order , even before the beginning of his journy , for the election of the Commissioners to the General Assembly throughout the whole Kingdome , to be made before his returne , or the indicting of an Assembly ; which caused him presently to send for the chiefe of the Covenanters , and absolutely to tell them , That if they did proceed to the election of any Commissioners for the Assembly before his returne , he would not goe his journey at all ; he would not move Us for a Generall Assembly , nor for any thing else ; he would leave them to their owne wayes ; as a private man he would stay in the Kingdome and expect the issue of their counsels : Which resolution of his , because it should not be concealed from the people , he caused likewise by many copies of it in writing to be divulged amongst them : This his determination these Lords Covenanters to whom he delivered it , communicated to their Tables , who were very stiffe in their former conclusion for the present election of Commissioners ; yet because they could not well perceive how to satisfie the people , if they should breake off all treatie upon such a nice point , it was at the last agreed unto , and talked of as a singular favour done to Our Commissioner , that the election of the Commissioners to the Assembly should be delayed untill his returne , which We pray the Reader to observe , because it shal be knowne at his returne , with what a horrible equivocation they did elude this their promise . Before Our Commissioner begun his journey towards Us , he entred into a serious consultation with Our chiefe officers of State and principall Councellors there , what further advice they had to recommend by him unto Us , for the setling of the peace of that Kingdome , since they clearely perceived that all Our royall and gracious intentions to that people were frustrated , by the rebellious and obstinate courses of some few who misse-led the rest ; and since he could not possibly draw from the Covenanters their designes , nay , nor their desires , whereby he might learne what they expected for their satisfaction , he desired of them their best counsell , and that he with them might conceive in writing what they supposed would reduce the Kingdome to peace and quietnesse , and without which they thought it could not be effected , but by force and armes , which he was sure We would never use , but in an unavoidable extremitie , and for the preservation of Our Crowne and dignitie . This Our Commissioner did not adventure to communicate with the whole Councell , because he did know that some of Our Councellours were Covenanters in their hearts , though for dangerous ends , they had forborne the subscribing of the Covenant with their hands , and that they would acquaint the Covenanters with it , with whom they kept private meetings . This proposition being much debated amongst these Councellours , they fell upon that way which they conceived would fully satisfie , or else none could ; which was this : Since the Covenanters would not expresse their owne desires in particulars , they thought best to take an exact view of all their petitions , remonstrances , grievances , declarations , protestations either written or printed , which they had since the first beginning of these troubles exhibited to Our selves , Our Commissioner , Our Councell ; and to extract out of them the particulars of all their grievances and desires , and to represent them unto Us. And besides all these , We being assured by Our Commissioner , that the principall motive which the heads of the Covenanters had used to Our people for alienating their minds from Us , was that false opinion of Our aversnesse from the Religion Reformed , and of Our inclination to Popery : We resolved , above all that was desired , to take a course which should give Our subjects full and unquestionable satisfaction in that point ; and therefore propounding unto Our selfe , the example of Our Royall Father , We concluded to command and urge the renewing of that Confession of Faith , which was first framed and afterward renewed in His name , by which meanes Wee made account that We should both benefit Our Subjects and right Our selfe : For perceiving that they had grounded and fathered their spurious Covenant upon that Confession and Covenant urged by Our Father ; Wee resolved , by this Act of Our authoritie to legitimate it , that it being commanded by Us , might save Our people who were to sweare it , from incurring the danger of Our Lawes , which have made it very criminall to enter into any Covenant without Our authority : As also , to vindicate Our selfe from that false and wicked aspersion , which the heads of their Covenant had most seditiously laid upon Us , viz. that Wee had a resolution either to bring in Poperie , or at least to tolerate it in Our Kingdomes , which though they themselves did not beleeve , yet they beleeved that this was the most powerfull meanes of alienating the minds of Our people from Us ( which they only intended ) if they could possibly worke them to that beliefe . And so both Wee and Our Commissioner , who had lately come from them , were perswaded that not onely Our people , but all people in the World , to whose notice it should come , must rest satisfied ; that Wee could not possibly be that way inclined , if Wee should command , and by Our authority effect a new subscription and swearing of that confession of Faith , which is more directly opposite to Poperie then any Confession besides extant in the World. This being added to the former advice of Our Councell , which was to ease them of all those things which they pretended to bee their principall grievances , Wee well hoped should have settled the peace of that Church and Kingdome . For by granting the removing of those former grievances , without this last superaddition of Our favour , Our Councellours were perswaded that Our subjects for the most part would be satisfied , desert their Leaders , and adhere to Us with their lives and fortunes , as they themselves would doe who signed this their Councell with their hands , and sent it up to Us by Our Commissioner . No sooner was he come to Us at Oatlands , but We were astonished with his relation of their proceedings ; and when he presented unto Us , not only the improbability , but also the impossibility that ever the Ring-leaders of that Rebellion would desist , untill they had obtained their wicked ends , and that the onely hope of peace was placed in dividing the people from them , by proffering unto the people such gracious favours , as in all likelyhood they neither could nor would reject ; and well weighing the advice given unto Us by Our principall Councellours and Officers of State there , After mature deliberation with such as We were pleased to call unto Us , and especially at the humble and earnest importunity of Our Commissioner , so zealously affected to the peace of Our and his native Countrey , We did resolve to pursue that advice of his and Our other Councellours , and did againe make a very exact survey of whatsoever they had petitioned for , from the very first , either of Us , Our Commissioner , or Councell , and resolved to grant them all , and besides all these , to renew the former Confession of Faith and the Band annexed , which We made account would have given them satisfaction above all things , especially in that wherein they had been most wickedly abused , that is , in their opinion of Our inclination to Poperie . The particulars of Our gracious grants unto them you shall finde in Our next Proclamation made after Our Commissioners returne to that Kingdome ; whom , within eight dayes after his comming to Us , We dispatched back againe , overjoyed with Our gracious grants , as making full accompt , that he should be received this last time as an Angell of God , bringing in his mouth the branch both of piety and peace : But how farre both We and he and Our Councellours , and all Our good , religious , loyall , and peaceable subjects of that Kingdom were deceived herein , the next ensuing narration ( which is almost above credit ) will sufficiently declare . For Our Commissioner , returning before the day agreed upon , he found all things in the time of his absence so perplexed and imbroyled by the heads of the Covenanters , who were afraid of nothing so much , as that he should returne with an answer satisfactorie to Our people , that he begun most clearely to perceive , that these men were resolved that nothing should satisfie them ; which appeared by their whole proceedings in the time of his absence , and especially in these two particulars : First , whereas they had promised that no election of Commissioners for the Assembly should be made before the 21. day of September , the day agreed upon for his returne , they gave order that the election should be made the 22. day of September , being the next day after that , which they knew was to be passed before he could possibly returne Our answer to them : According to which resolution of theirs , Commissioners for the Assembly were elected in many Presbyteries upon that day , before any of the Covenanters did , or could come to know Our answer from Our Commissioner , or before the Assembly was indicted , which was not untill some dayes after these elections were past : Now , We desire to know whether ever there were heard a more grosse , absurd , and palpable equivocation then this , and that from men , who would be accounted the greatest opposites in the world to Popish tenets , and to none more then that of equivocation . They promise that no election shall be made untill Our Commissioners returne , and before such a day ; and that promise grounded upon Our Commissioners resolution before his departure from them , that unlesse they would give him that assurance , hee would not undertake his journey , nor move Us any more in this business ; but if they would expect his returne and Our answer by that time , he would doe both . These holy men resolve to expect that time before any election shall be actually made , but give order that it shall be made the next day after , before it could be knowne in most parts of the kingdome whether he were returned , or in any part of the kingdome , or by any person of the kingdome , what answer he had returned from Us : The insinceritie of which proceedings ( condemned by many Covenanting Ministers at their meeting at Edinburgh for a most desperate equivocation ) We are confident every man will detest , especially in those men who boast themselves to be the onely sincere Professours of these times . Besides , Our Commissioner found that these men ( who would not so much as hear him speak of any precedent conference of any thing concerning the Assembly , nor of any directions to be agreed upon for the more orderly proceeding in it , but cried out against them as unsufferable prelimitations and prejudgings of the liberties of Christ and his Church ) had in the time of his absence at their Tables agreeed upon certaine directions comprehended in eight Articles , which they had dispersed through the whole kingdome , and commanded to be observed by the severall Presbyteries thereof in their elections ; the true copie whereof here followeth . A direction for Presbyteries . THat every Presbyterie have a copie of the Act made at Dundie the seventh of March 1597. concerning the number of Commissioners ; the tenour whereof followeth . Because there hath beene no order hitherto anent the number of Commissioners to be directed from everie Presbyterie to the Generall Assemblie , therefore it is statuted and ordained , that in all time comming three of the wisest and gravest of the Brethren shall be directed from everie Presbyterie at the most , as Commissioners to everie Assemblie , and that none presume to come without Commission : And likewise , that one bee directed from everie Presbyterie in name of the Barons , and one out of everie Burgh , except Edinburgh , which shall have power to direct two Commissioners to the Generall Assemblie . That everie Presbyterie have a copie of the Commission to be given to the Commissioners ; the tenour thereof followes . T.T. the day of The which day after calling upon the name of God , We the members of the Presbyterie of having diligently considered the manifold corruptions , innovations , and disorders , disturbing our peace , and tending to the overthrow of our Religion , and Liberties of the reformed Church within this Realme ; which hath come to passe , especially through the want of the necessarie remedie of Generall Assemblies , as well ordinarie as pro re nata , injoyed by this Church for many yeares , and ratified by Act of Parliament , And now expecting shortly by the mercie of God the benefit of a free Generall Assemblie , do by these presents nominate and appoint Minister of as also in name of the Burrowes , conjunctly and severally our lawfull Commissioners , giving and granting unto them our full power , Commission , and expresse charge , to repaire to the said Assemblie at the day and place , when and where it shall happen to sit , in any safe and commodious place within this Kingdome , and there with the rest who shall be authorised with lawfull Commission , in our name to propone , treat , reason , vote , and conclude , according to the word of God , and confession of faith approved by sundrie Generall Assemblies , and received throughout the whole Kingdome in all Ecclesiasticall matters , competent to a free Generall Assemblie , and tending to the advancement of the Kingdome of Christ , and the good of Religion , as they will answer to God , and his Church thereupon , and to report to us their diligence therein . In testification of this our Commission and charge , we have subscribed these presents with our hands , and which they have accepted with the lifting up of their hands . That everie Church Session send one of the most qualified Elders unto the Presbyterie the day of chusing Commissioners to the Generall Assemblie : That by common consent of the Ministers and those Elders present in the Presbyterie , there may bee chosen both the Commissioners for the Ministers , and also some well affected and qualified Nobleman , or speciall Gentleman , being an Elder of some particular Church Session within that Presbyterie , in name of the Barons : For this is the constitution of the Presbyteries , ( otherwise called Elderships ) appointed by the Church in the books of discipline , Acts of the Generall Assemblie , practised for many yeares after the reformation , and ratified in the Parliament , the twelfth of King James the 6. and never since altered nor rescinded ; neither can be with reason altered , seeing that same is the constitution of the supreme and Generall Assemblies , and of the inferiour and Church Sessions , as is at more length cleared by some reasons . That such as are erroneous in doctrine , or scandalous in life , be presently processed , that they be not chosen Commissioners ; and if they shall happen to be chosen by the greater part , that all the best affected , both Ministers and Elders , protest and come to the Assemblie to testifie the same . To send to everie Presbyterie a copie of the printed reasons for an Assemblie . That Moderators by vertue of their office bee not Commissioners to the Assemblie , except they be chosen . That the Presbyteries in one of the ordinarie meetings , appoint to conveene solemnely after the twentieth of September , either upon the 21.22.23.24 . or 25. for chusing of their Commissioners to the Assemblie , and for to send them hither to Edinburgh before the first of October , or so soone as they can , that with common consent , they may receive the Kings last answer , and advise upon the next lawfull remedies , in their extreme necessities of Church and State. That in the Fast to bee observed on the sixteenth day of September , the second day preceding their election , they may crave Gods direction therein . TO these eight Articles they joyned ( by way of information ) a verie impertinent , long and tedious discourse of Ruling Elders , too long and too simple to be here inserted , which was added no doubt onely to perswade the Ministers to admit Lay-men to have voyces in their Presbyteries at the election of the Ministers who were to be Commissioners for the Assemblie ; or in case of their refusall , to perswade the Lay-men to put themselves in possession , and give their voyces in these elections whether the Ministers would or no , as shall appeare afterwards , both by that intrusion which these Lay Elders used in many Presbyteries , where the Ministers refused to admit them , and by some of the Tables more private instructions , by which they were ordered so to do . Now , We desire the Reader to consider , whether the conference which Our Commissioner desired for debating of what members the Assemblie was to be constituted , and the matters which were principally to be discussed there ( with so much bitternes exclaimed against by them ) could in any construction or sense be taken for such a prelimitation of the Assemblie , either in the members , matter , or manner of it , as these eight Articles composed and commanded by their Tables . In the second Article , they set downe to everie Presbyterie , a set forme of a Commission to be made to their Commissioners , which was never done before ; and at the Assemblie , when the severall Commissions were read , it was observed that all the Commissions were the same verbatim , except a verie few from some Presbyteries who would not be ruled by the Table ; and gave power to their Commissioners to continue no longer in the Assemblie , then Wee or Our Commissioner in Our name should continue it : In the same Article , they will have the Presbyteries in their Commissions to take it pro confesso , that the pretended and complained of Innovations are , corruptions and disorders disturbing the peace , and tending to the overthrow of their Religion and Liberties within the reformed Church of that Realme : If this bee not to prejudge , and take that for granted , which was to be tried by the Assemblie , whether it was so or not , viz. whether these things complained of were Innovations and corruptions introduced in Religion , We must leave it to the Reader to judge . In the third Article they appoint Lay-men to sit in Presbyteries , which had not beene done for above fortie yeares before ; Nay , and these Lay-men to be equall in number with the Ministers , which is contrarie to their owne book of Discipline alledged by them , which did then order that the Ministers should alwayes exceed the number of the Lay Elders ; so that before this time they never were equall in number : Nay , that these Lay-men should have voices , not onely in the chusing of their own Lay Elder , but , which is insufferable , should have suffrage in the Election of the three Ministers Commissioners for the Assemblie , which they themselves do know was never heard nor practised in that Church before , in the verie first and strictest times of reformation , nor ever since . In the fourth Article they order a notable trick and device of their owne to bee put in practice , whereby they were ascertained , that no Minister should bee chosen Commissioner in any Presbyterie where they had any power , but such as did undoubtedly concurre with them in their rebellious courses : for they appointed ( and accordingly it was practised ) that everie man suspected to bee of a different judgement from them , should presently bee processe and brought under the scandall of erroneous life or doctrine , and so made uncapable of being chosen Commissioner ; according to which Article there were verie few Ministers in the Kingdome , who had not subscribed their Covenant , but they were presently suspended by their Presbyterie , where they had voices to do it , or at the least put under processe by some one or other ▪ which could not be prevented ; for no man can bee denied an originall processe against any man whom he will implead : But yet this Article left no evasion , if it should happen that such a one should be chosen Commissioner , for in this case they ordered , that the rest who gave not voices should protest against the election , and complaine of it to the Generall Assemblie , where they were sure enough to processe him there , and lay him aside untill his processe should bee discussed ; which they did put in practise upon some Ministers , who did not concurre in judgement with them at the first sitting downe of the Assemblie . The sixth Article is directly against the Constitutions of their Church then in force , and till then practised ; the Moderator of the Presbyterie being constantly one , as being most able to give an accompt to the Assemblie of all Presbyteriall actions . The seventh Article gives order for practising the above mentioned equivocation , and enjoyneth them to make their elections before they received Our answer , and that they repaire to Edinburgh immediately after their election , that all the Commissioners elected may consult before hand upon what was to be said or done at the Assemblie ; which is in effect neither more nor lesse , then to receive directions from their Tables how to carrie themselves at the Assemblie , and indeed to preconveene and hold the Assemblie at Edinburgh before their meeting at Glasgow . These were their publike instructions which they were not ashamed to avowe and send abroad from their Tables , as it were by publike authoritie , to the severall Presbyteries of that Kingdome ; And whether they do not containe prelimitations of the Assemblie , we shall leave it to the Reader to judge : But whether , if We , Our Commissioner , or Councell , had sent any such directions and instructions to the severall Presbyteries , they would not have exclaimed against them as unsufferable prelimitations of that Assemblie , and prejudgings of the liberties of the Church of Christ in that Realme , Wee do appeale even to their owne consciences . And yet these publike instructions are nothing to the private ones , which they durst not communicate to all their partie , but onely to some one Laick , and one Minister , their speciall confidents in every Presbyterie , of which you shall heare more afterwards in their due place . Notwithstanding all these discouragements , arising from the disorderly proceedings of the Covenanters in the time of his absence , Our Commissioner the day after the time prefixed for his returne , viz. the 22. day of September 1638. assembled Our Councell at Our Palace of Holy-rood-house , and there first delivered unto them this letter from Us , as followeth . Apud Holy-rood-house Septemb. 22. 1638. The which day James Marquesse of Hamiltoun His Majesties Commissioner , produced and exhibited before the Lords of Privie Councell , the two Missives underwritten , signed by the Kings Majestie , and directed to the said Lords , which being read , heard , and considered by the said Lords , They have ordained , and ordaines the same to bee inserted and registred in the bookes of Secret Councell , therein to remaine ad futuram rei memoriam , whereof the tenour followeth . CHARLES R. RIght trusty &c. being certainly informed that the distractions which have happened of late , ( both in Church and Common-wealth ) in this Our ancient Kingdome of Scotland , have much troubled the minds of many of Our good and loyall subjects ; and that these distractions have beene occasioned upon jealousies and feares of innovation of Religion and Lawes , as tending to the introduction of Poperie , and not without some suspicion , as if Wee Our selfe were inclined that way ; Upon occasion whereof , many of Our subjects have of late subscribed a band or Covenant for preserving the true Religion and Lawes already established , and for defending the Kings person , and each others , in defence thereof : But the same not being warranted by Royall authority ( as that which was in Our deare Fathers time ) must needs of it selfe be ineffectuall ▪ and much prejudiciall to the ancient Forme and Custome of government kept within that Our Kingdome of Scotland : Wherefore Wee , out of Our inborne love to Our said native Countrie , and for obviating these conceived feares , and satisfying of you , and all Our loving people , have thought good to ordaine the Confession of Faith , and band subjoyned thereto , of the date at Edinburgh , Januarie 28. 1580. and signed by Our Royall Father to bee renewed : And to that effect have given Order to Our Commissioner , with advice of Our Councell , to set downe and settle some solid course , whereby the same may be subscribed by Our Councell , Judges , Magistrates of Burroughes , and all other Our people of that Kingdome . And for further clearing of Our selfe , Wee declare , That as We are and ever have beene satisfied in Our judgement and conscience for the reformed Religion now established , and against the Roman : so Wee purpose , by Gods grace , both to live and die in the practice thereof , and to preserve and maintaine the same in full strength and integritie , according to the Lawes of that Our ancient Kingdome . What We have thought further fitting to be done at this time , concerning the particulars contayned in Our subjects petitions ; you shall receive Our full pleasure therein from Our Commissioner . And that this Our Declaration concerning Our selfe , and Our pious intention , for settling the Reformed Religion within that Our Kingdome may appeare to posteritie . Our pleasure is , that these presents be registred in the Books of Councell . Oatlands Septem . 9. 1638. THis Our Letter being received by Our Councel with all submissive , joyfull , and thankfull acknowledgment , Our Commissioner made them further acquainted with the particulars of Our grace and favour , for the appeasing of the troubles of that Our kingdome , who ( upon hearing of the same ) were filled with excessive joy , as making full account that now malice it selfe could not finde the least pretence of keeping Our people from being satisfied , all things which ever yet since the beginning of these troubles they had desired , being granted unto them . But so soone as some of Our Councellours , who were not onely Covenanters in their heart , but the very heart of their Covenant , had made some of the chiefe covenanting Lords acquainted with the unexpected excesse of Our favours towards Our people , these Lords , making full accompt that their reigne was upon the point of expiration if the people should understand Our grace and favour , bestirred themselves with might and main to disperse rumours amongst them , That the newes brought home by Our Commissioner , importing Our answer , did tend to the utter subversion of their Religion and liberties ; That there was a new Covenant to be set on foot by Us , to destroy theirs , and that if they now did not resist , all they had done was quite undone and lost : After which , the principall of them came downe , first , to Our Commissioner , and then to Our Councell , requesting them , or indeed rather requiring them , that they would not subscribe the Confession of faith , nor require it to be subscribed by others , by any authoritie from Us , threatning in a manner , that if they did , they would repent it , and that a present rupture would follow : Our Commissioner and Councell heard them twice fully , but found not the least ground of reason for the delay of the declaration of Our grace and favour towards Our people , as seeing it proceeded onely from an earnest desire in these Lords to have it concealed from them ; and therefore resolved , and imparted unto the Lords covenanters their resolution , that they would publish it that day , being Saturday . The Lords covenanters did then seeme to abate something of their requests , or rather demands , and desired Our Commissioner and Councell to delay the publishing of Our Declaration onely untill the Munday following , before which time , if they could not shew good reasons for the stopping of it , they would be content with the publication thereof : Which motion of theirs wanted not seconding from some of Our Councell there present , who were indeed the first and chiefest of them : But Our Commissioner and Councellours well and wisely foreseeing that this delay was desired , first , that these Lords Covenanters might have time to pen and prepare a Protestation against this Our gracious Declaration , with the contents whereof some of Our Councellors ( heartie Covenanters ) had made them acquainted ; which Protestation could not be provided nor penned in the space of so few houres : secondly , that the Lords covenanters made no question , but that the next day being Sunday , their Ministers in all the Pulpits of Edinburgh , by their subornation , should so conjure up the spirits of Our people against Our gracious Declaration , as they should not be easily and readily laid againe : Thirdly , that they might have time to dispatch messengers & Poasts abroad with copies of their Protestation , in all Burroughs where Our Declaration was to be published , before , or as soone as Our Declaration could be sent to those places : for these important considerations , Our Commissioner and Councell did declare unto these Lords , after full hearing of them , that considering the invaliditie of their reasons to the contrarie ▪ Our gracious Declaration should be published that day at the Crosse of Edinburgh : And so accordingly Our Declaration that day was proclaimed , as here it followeth . CHarles , by the grace of God , King of Scotland , England , France , and Ireland , defender of the faith . To Our Lovits , Messengers , Our Sheriffes , in that part conjunctly and severally specially constitute , greeting . Forsomuch as the cause and occasion of all the distractions which have happened of late both in Church and Common-weale of this Our Kingdome , have proceeded from the conceived feares of innovation of Religion and Lawes : To free all Our good subjects of the least suspition of any intention in Us to innovate any thing , either in Religion or Lawes ; and to satisfie not onely their desires , but even their doubts , We have discharged , and by these presents do discharge the Service Booke , Booke of Canons , and High Commission , and the practice of them , or any of them : and by these presents annulls and rescinds all acts of Councell , Proclamations , and other acts and deeds whatsoever , that have been made or published , for establishing them , or any of them , and declares the same to be null , and to have no force nor effect in time comming . And being informed , that the urging of the practice of the five articles of Perth Assembly , hath bred great distraction and division in the Church and State , We have beene graciously pleased to take the same into Our consideration ; and for the quiet and peace of Church and State , doe not onely dispense with the practice of the saids Articles , but also discharge , like as by these presents We discharge all and whatsoever persons from urging the practice thereof , upon either Laicke or Ecclesiasticall person whatsoever . And We do hereby free all Our subjects from all censure and paine , whether ecclesiasticall or secular , for not urging , practising , or obeying the same , notwithstanding of any thing contained in the acts of Parliament , or generall Assembly to the contrary . And because it hath beene , to the disgrace of government , disperst and surmized throughout this Our kingdome , that some of Our subjects have exercised such illimited and unwarranted power , and have held themselves eximed from censure and punishment , to which others Our subjects are lyable , We doe by these presents declare , that if any of Our subjects , whether ecclesiasticall or civill , of whatsoever qualitie , title , or degree , have , or shall at any time presume to doe any such act , or assume to themselves any such exemption or power , That they shall , like as by these presents We make and ordaine them to be lyable to the triall and censure of Parliament , generall Assembly , or any other Judicatories competent , according to the nature and qualitie of the offence . And for the free entry of Ministers , that no other oath be administrate unto them then that which is contained in the act of Parliament , And to give Our subjects full assurance , that We never intend to admit of any change or alteration in the true Religion alreadie established and professed in this Our kingdome , And that all Our good people may be fully and clearly satisfied of the realitie of Our intentions towards the maintenance of the truth and integritie of the said Religion , We have thought fit and expedient to injoine and authorize , like as We by these presents doe require and command all the Lords of Our privie Councell , Senatours of the Colledge of Justice , Judges , and Magistrates to burgh and land , and all Our o●her subjects whatsoever , to subscribe and renew the Confession of Faith , subscribed at first by Our deare Father and His houshold , in the yeare of God 1580. Thereafter by persons of all rankes , in the yeare 1581. by ordinance of the Lords of secret Councell , and acts of the generall Assembly . Subscribed againe by all sorts of persons in the yeare 1590. by a new ordinance of Councell at the desire of the generall Assembly , with their generall band of maintenance of the true Religion , and the Kings person . And for that effect We doe require the Lords of Councell to take such course anent the foresaid confession and generall band , that it may be subscribed and renewed throughout the whole kingdome with all possible diligence . And because We will not leave in Our subjects minds the least scruple or doubt of Our royall intentions and reall resolutions , Wee have given warrant to Our Commissioner to indict a free generall Assembly , to be holden at Glasgow the twenty first day of November , in this present yeare 1638. And thereafter a Parliament to be holden at Edinburgh the fifteenth day of May Anno 1639. for settling a perfect peace in the Church and Common-weale of this kingdome . And because it is likely that the disorders and distractions which have happened of late , have beene occasioned through the conceived feares of innovation of Religion and Lawes , and not out of any disloyaltie or disaffection to soveraigntie , We are graciously pleased absolutely to forget what is past , and freely to forgive all by-gones to all such as shall acquiesce to this Our gracious pleasure , and carry themselves peaceably as loyall and dutifull subjects , and shall ratifie and approve the same in Our next ensuing Parliament . And that this Assembly may have the better successe , and more happy conclusion , Our will is , that there be a solemne Fast proclaimed and kept by all Our good subjects of this kingdome , a foureteene dayes before the beginning of the said Assembly : the causes thereof to be a begging a blessing from God upon that Assembly , and a peaceable end to the distractions of this Church and kingdome , with the aversion of Gods heavie judgement from both . And Our pleasure is , that this Fast be kept in the most solemne manner as hath beene in this Church at any time heretofore upon the most extraordinary occasion . OUR WILL is herefore , and We charge you straightly and command , that incontinent these Our Letters seen , ye passe , and make publication hereof by open proclamation at the market crosses of the head burrowes of this kingdome , where-through none pretend ignorance of the same . Given at Our Court of Oatlands , the ninth day of September 1638. Per Regem . AFter this Declaration was proclaimed , the Confession of Faith , as it was at the first commanded by Our Royall Father , as also the band annexed for defence of the Religion now established , and of Our Person and authoritie , with the subscriptions of Our Commissioner and Councell to them both , doe here follow . The Confession of Faith of the Kirke of SCOTLAND : Subscribed at the first by the Kings Majesties umwhile dearest Father , of blessed memory , and his Houshold , in the yeer of God 1580. Thereafter by persons of all ranks , in the yeere of God 1581. by ordinance of the Lords of Secret Councel , and Acts of the Generall Assembly . Subscribed againe by all sorts of Persons in the yeer 1590. by a new Ordinance of Councel , at the desire of the general Assembly : With the general Band for maintenance of the true Religion . And now renewed and subscribed again by his Majesties speciall command , by the right noble Marquesse , James , Marquesse of Hamiltoun , Earle of Arran and Cambridge , Lord Even and Evendail , his Majesties high Commissioner , and Lords of secret Councell undersubscribing . And that of and according to the date and tenor of the said Confession of Faith , dated in March 1580. and of the Band , dated in Anno 1589. WEe All , and every one of us underwritten , protest , That , after long and due examination of our owne Consciences , in matters of true and false Religion , are now throughly resolved in the Truth , by the Word and Spirit of God , and therefore we beleeve with our hearts , confesse with our mouths , subscribe with our hands , and constantly affirme before God and the whole World , that this only is the true Christian Faith and Religion , pleasing God , and bringing salvation to man , which is now by the mercy of God , revealed to the world by the preaching of the blessed Evangel . And received , beleeved , and defended by many and sundry notable Kirks and Realmes , but chiefly by the Kirk of Scotland , the Kings Majestie , and three Estates of this Realme , as Gods eternall truth and onely ground of our salvation ; as more particularly is expressed in the Confession of our Faith , stablished , and publikely confirmed by sundry Acts of Parliaments , and now of a long time hath been openly professed by the Kings Majestie , and whole body of this Realme , both in Burgh and Land. To the which Confession and forme of Religion , wee willingly agree in our consciences in all points , as unto Gods undoubted Truth and Verity , grounded onely upon his written Word : And therefore Wee abhorre and detest all contrarie Religion and Doctrine , But chiefly all kinde of Papistrie in generall and particular heads , even as they are now damned and confuted by the Word of God and Kirke of Scotland : but in speciall , we detest and refuse the usurped authoritie of that Roman Antichrist upon the Scriptures of God , upon the Kirk , the civill Magistrate , and conscience of men : All his tyrannous lawes made upon indifferent things against our Christian liberty ; His erroneous doctrine against the sufficiency of the written word , the perfection of the Law , the office of Christ , and his blessed evangel . His corrupted doctrine concerning originall sin , our naturall inability , and rebellion to Gods law , our justification by faith onely , our imperfect sanctification and obedience to the law , the nature , number , and use of the holy Sacraments . His five bastard Sacraments , with all his rites , ceremonies , and false doctrine , added to the ministration of the true Sacraments without the word of God. His cruell iudgment against infants departing without the Sacrament . His absolute necessitie of Baptisme . His blasphemous opinion of Transubstantiation , or reall presence of Christs bodie in the elements , and receiving of the same by the wicked , or bodies of men . His dispensations with solemne oathes , perjuries , and degrees of marriage forbidden in the word . His crueltie against the innocent divorced . His divellish Masse . His blasphemous Priesthood . His profane sacrifice for the sinnes of the dead and the quicke . His canonization of men , calling upon Angels or Saints departed , worshipping of imagerie , reliques , and crosses , dedicating of Kirks , altars , dayes , vowes to creatures . His purgatory , praiers for the dead , praying or speaking in a strange language , with his processions and blasphemous letanie , and multitude of advocates or mediatours , His manifold orders , auricular confession . His desperate & uncertaine repentance . His generall and doubt some faith . His satisfactions of men for their sins . His justification by works , Opus operatum , works of supererogation , merits , pardons , peregrinations , and stations . His holy water , baptising of bells , conjuring of spirits , crossing , sauing , anointing , conjuring , hallowing of Gods good creatures , with the superstitious opinion joyned therewith . His worldly Mornarchy , and wicked Hierarchy . His three solemne vowes , with all his shavellings of sundry sorts . His erroneous and bloudy decrees made at Trent , with all the subscribers and approvers of that cruell and bloudy band , conjured against the Kirke of God. And finally , we detest all his vaine allegories , rites , signes , and traditions brought in the Kirk , without , or against the word of God , and doctrine of this true reformed Kirk . To the which wee joyn our selves willingly , in doctrine , faith , Religion , discipline , and use of the holy sacraments , as lively members of the same , in Christ our head : promising and swearing , by the great Name of the Lord our God , that we shall continue in the obedience of the doctrine and discipline of this Kirk , and shall defend the same , according to our vocation and power , all the dayes of our lives , under the paines contained in the law , and danger both of body and soule in the day of Gods fearfull judgement . And seeing that many are stirred up by Satan and that Roman Antichrist , to promise , sweare , subscribe , and for a time use the holy Sacraments in the Kirk deceitfully , against their owne consciences , minding hereby , first , under the externall cloak of Religion , to corrupt and subvert secretly Gods true Religion within the Kirk , and afterward , when time may serve , to become open enemies and persecuters of the same , under vaine hope of the Popes dispensation divised against the word of God , to his greater confusion , and their double condemnation in the day of the Lord Jesus : We therefore , willing to take away all suspition of hypocrisie , and of such double dealing with God and his Kirk , protest , and call the Searcher of all hearts to witnesse , that our minds and hearts do fully agree with this our confession , promise , oath , and subscription : So that we are not moved for any worldly respect , but are perswaded only in our consciences , through the knowledge and love of Gods true Religion , printed in our hearts by the holy Spirit , as we shall answer to him in the day when the secrets of all hearts shall be disclosed . And because wee perceive , that the quietnesse and stability of our Religion and Kirk doth depend upon the safety and good behaviour of the Kings Majestie , as upon a comfortable instrument of Gods mercie granted to this countrey , for the maintenance of his Kirk , and ministration of justice amongst us , we protest and promise with our hearts under the same oath , hand-writ , and paines , that we shall defend his person and authority , with our geare , bodies , and lives , in the defence of Christ his Evangel , liberties of our Countrey , ministration of justice , and punishment of iniquity , against all enemies within this Realme , or without , as we desire our God to be a strong and mercifull defender to us in the day of our death , and comming of our Lord Jesus Christ : to whom , with the Father , and the holy Spirit , be all honour and glory eternally . Amen . WEe under-subscribing , and considering the strait linke and conjunction betwixt the true and Christian religion presently profest within this realme , and Soveraigne Lords estate and standing , having both the selfe same friends and common enemies , and subject to the like event of standing and decay , and weighing therewithall the imminent danger threatned to the said religion , the preservation whereof being dearer to us then whatsoever we have dearest to us in this life ; And finding in his Majestie a most honourable and Christian resolution , to manifest himselfe to the world that zealous and religious Prince which he hath hitherto professed ; and to imploy the meanes and power that God hath put into his hands , as well to the withstanding of whatsoever forraigne force shall meane within this land , for alteration of the said religion , or endangering of the present state , as to the repressing of the inward enemies thereto amongst our selves , linked with them in the said Antichristian league and confederacie ; Have therefore in the presence of Almightie God , and with his Majesties authorising and allowance , faithfully promised , and solemnely sworne , like as hereby we faithfully and solemnly sweare , and promise , to take a true , effauld , and plaine part with his Majestie amongst our selves , for diverting of the appearing danger threatned to the said Religion , and his Majesties state and standing , depending thereupon , by whatsoever forraigne or intestine plots or preparations . And to that effect , faithfully , and that upon our truth and honours , binde and oblige us to others , to conveene and assemble our selves publikely , with our friends in arms , or in quiet manner , at such times and places as we shall be required by his Proclamations , or by writ or message direct to us from his Majesty , or any having power from him , And being conveened and assembled , to join and concurre with the whole forces of our friends and favourers , against whatsoever forraigne or intestine powers or Papists , and their partakers , shall arrive or rise within this Iland , or any part thereof , ready to defend or pursue , as we shall be authorised and conducted by his Majesty , or any others having his power and commission , to join and hold hand to the execution of whatsoever mean or order shall be thought meet by his Majesty , and his Councell , for suppressing of the Papists , promotion of the true Religion , and setling of his Highnesse estate , and obedience in all the countries and corners of this Realme , to expound and hazzard our lives , lands , and goods , and whatsoever meanes God hath lent us , in the defence of the said true and Christian Religion , and his Majesties person and estate , against whatsoever Jesuites and Seminarie or Masse-priests , condemned enemies to God and his Majestie , to their utter wracke and exterminion , according to the power granted to us by his Majesties proclamation , and acts of Parliament : To try , search , and seeke out all excommunicates , practisers , and others Papists whatsoever , within our bounds and shire where we keepe residence , and dilate them to his Highnesse and his privie Councell , and conforme us to such directions , as from time to time we shall receive from his Majestie and his Councell in their behalfes . And specially so many of us as presently are , or hereafter shall be appointed Commissioners in every shire , shall follow , pursue , and travaile by all meanes possible , to take and apprehend all such Papists , Apostates , and excommunicates , as we shall receive in writ from his Majesty . And we , the remanent within that shire , shall concurre and assist with the saids Commissioners with our whole friends and forces , to that effect , without respect of any person whatsoever . And generally to assist in the meane time , and defend every one of us another , in all and whatsoever quarrels , actions , debates , moved , or to be moved against us , or any of us upon action of the present Band , or other causes depending thereupon . And effauldly joine in defence and pursuit against whatsoever shall offer or intend any injury , or revenge against any one of them for the premises , making his cause and part that is pursued , all our parts ; Notwithstanding , whatsoever privie grudge , or displeasure standing betwixt any of us , which shall be no impediment or hinder to our said effauld joyning in the said common cause ; but to lye over , and be misknown , till they be orderly removed , and taken away by the order under-specified . To the which time , we for the better furtherance of the said cause and service , have assured , and by the tenour hereof , every one of us taking the burden upon us for our selves , and all that we may let , assure each other to be unhurt , unharmed , or any wayes to be invaded by us , or any our foresaids for old feid or new , otherwise then by ordinary course of law and justice : neither shall we , nor any of our foresaids make any provocation , or tumult , trouble or displeasure to others in any sort , as we shall answer to God , and upon our Honours , and fidelitie to his Majestie . And for our further and more heartie union in this service , we are content and consent , that all whatsoever our feids and variances fallen , or that may fall out betwixt us , be within fortie dayes after the date hereof amicably referred and submitted to seven or five indifferent friends , chosen by his Majestie of our whole number , and by their moderation and arbitrement componed and taken away . And finally , that we shall neither directly , nor indirectly separate nor with-draw us from the union and fellowship of the remanent , by whatsoever suggestion or private advice , or by whatsoever incident regard , or stay such resolution as by common deliberation shall be taken in the premises , as we shall answer to God upon our consciences , and to the world upon our truth and honours , under the pain to be esteemed traitours to God and his Majestie , and to have lost all honour , credit , and estimation in time comming . In witnesse whereof , by his Majesties speciall command , allowance , and protection promised to us therein , We have subscribed these presents with our hands . At 1589. We JAMES Marquesse of Hamiltoun , Earle of Arran and Cambridge , Lord Even and Evendail , his Majesties High Commissioner , and Lords of his Majesties Privie Councel undersubscribing , by vertue , and conform to a warrant and command , signed by his sacred Majesty , of the date of Sept. 9. 1638. and registrate in the bookes of Councell upon the 22. day of the said month , Swear , and with our hearts and humble and true affections to Gods truth , and to his sacred Majesty , subscribe the Confession of faith , of & according to the date and tenour above specified : and also renew , swear , and subscribe the foresaid general Band of the tenor abovewritten , for preservation of the true Religion , and maintenance of his sacred Majesties authoritie , according to the tenor thereof , and siclike , as amply as the same was conceived in favours of his Majesties umwhile blessed Father of eternall memorie , by the said Band. In witnesse wherof , we have subscribed these presents with our hands , At Holy-rood-house Septemb. 22. 1638. Sic subscribitur , HAMILTOUN , Traquair , Roxburgh , Mairsheall , Mar , Murray , Linlithgow , Perth , Wigtoun , Kingorne , Tullibardin , Hadingtoun , Annandaill , Lauderdaill , Kinnoull , Dumfreis , Southesk , Belheaven , Angus , Lorn , Elphinstoun , Naper , Dalyell , Amont , J. Hay , S. Thomas Hope , S.W. Elphinstoun , Ja. Carmichael , J. Hamiltoun , Blackhall . AT the same time was a proclamation made for the indiction of the generall Assembly , which was this . At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased the Kings Majestie , out of his pious and religious disposition to the true Religion , and out of his fatherly care , for removing of all feares , doubts , and scruples , which may arise in the mindes of his subjects , for preservation of the puritie thereof , and upon divers great and weightie considerations , importing the glory of God , the peace of the Kirke and Common-weale of this kingdome , to appoint and give order , that a free generall Assembly be indicted , kept , and holden at the Citie of Glasgow the 21. of November next : Therefore the Lords of secret Councell ordaines letters to be direct , charging Maissars , and Officers of Armes , to passe and make publication hereof by open Proclamation at the Market Crosse of Edinburgh , and the head Burrowes of this Kingdome , and other places needfull . And to warne all and sundry Archbishops , Bishops , Commissioners of Kirkes , and others having place and vote in the Assembly , to repaire and addresse to the said Citie of Glasgow the said one and twentieth day of November next to come , and to attend the said Assembly induring the time thereof , and aye and while the same be dissolved , and to doe and performe all which to their charges in such cases appertaineth , as they will answer to the contrarie at their highest perill . IMmediately after that , this Proclamation was made for the indiction of the Parliament . At Holy-rood-house the 22. day of September 1638. FOrsomuch as it hath pleased his Majestie , out of his pious and religious disposition to the true Religion , and out of his fatherly care for removing of all feares , doubts , and scruples which may arise in the mindes of his subjects , for preservation of the puritie thereof , and upon divers other great and weighty causes , importing the glory of God , the peace of the Kirk and Common-weale of this Kingdome , to appoint and give order , that the Soveraigne and High Court of Parliament shall be holden at the Citie of Edinburgh upon the 15. day of May next to come , with continuation of dayes : Therefore the Lords of secret Councell ordain letters to be direct to Maissars and officers of Arms charging them to passe to the market Crosse of Edinburgh , and other places needfull , and there by open Proclamation to make publication of the holding of the said Parliament , and to warne all and sundry Noblemen , Prelates , and Commissioners for the Barons , and Burrowes , and all others having voice and place in the said Parliament , that they and every one of them , in their most decent and comely manner , make their addresse to the said Parliament , attend and await thereat during the time thereof , and to discharge that duty which is incumbent to them and each one of them , as they will answer on the contrary at their perill . ANd last of all was published and proclaimed first the Act of the Lords of Our Councel for requiring all Our subjects to subscribe the said Confession of Faith and Band annexed , which here followeth . At Holy-rood-house the 24. day of September Anno 1638. THe which day a Noble Earle , JAMES Marquesse of Hamiltoun , Earle of Arran and Cambridge , his Majesties Commissioner , having produced and exhibit before the Lords of secret Councell , upon the twenty second day of this instant , a warrant signed by his Majestie , of the date the ninth of September instant ; wherein among others of his Majesties gracious and royall expressions for preservation of the purity of Religion , and due obedience to his Majesties authoritie in the maintenance thereof , his Majestie did will and ordaine that the Lords themselves should sweare the Confession and generall Band mentioned in his Majesties said warrant , and also should take such order , as all his Majesties lieges may subscribe the same . And the said Lords of secret Councell , acknowledging his Majesties pious and gracious disposition and affection to the purity of Gods truth , did upon the 22. day of September instant , unanimously and with all humble , hearty , and sincere affection , sweare and subscribe the confession of Faith , dated the second of March 1580. according as it was then profest within this Kingdome : Together with the foresaid generall Band dated in Anno 1589. And now to the effect that all his Majesties lieges may give the like obedience to his Majesties so pious desire , therefore the said Lords have ordained and ordaines all his Majesties lieges , of whatsoever estate , degree or qualitie , Ecclesiasticall or Civill , to sweare and subscribe the said Confession , dated the second of March 1580. and that according to the said date and tenour thereof , and as it was then profest within this Kingdome : Together with the said generall Band , dated in Anno 1589. as they will answer at the contrarie upon their obedience . And ordaines officers of Armes to passe to the market crosse of Edinburgh , and make publication hereof , and at all other places needfull , wherethrough none pretend ignorance of the same . ANd next after that was proclaimed the Commission of the Lords of Our Councell , whereby they appointed and designed severall Commissioners for requiring and taking the subscriptions of Our subjects to the said Confession and Band annexed , throughout the severall Shires within the Kingdome , which here followeth . At Holy-rood-house the 24. day of September Anno 1638. FOrsomuch as a noble Marquesse , James Marquesse of Hamiltoun , Earle of Arran and Cambridge , his Majesties Commissioner , and the Lords of Secret Councell , by an act of the date of the twenty second of this instant , have by speciall warrant of his sacred Majestie , sworne and subscribed , with all humble and heartie affection and unanimously , the Confession of Faith , dated the second of March 1580. and at length insert in the Bookes of Privie Councell , of and according to the said date and tenour thereof , and according as it was then profest within this kingdome : Together with the generall Band insert therewith in the said bookes of Privie Councell , dated in Anno 1589. Like as also the said Lords of Councell , by their Act of the date of these presents , acknowledging his Majesties pious and gracious disposition and affection to the puritie of Gods truth , and as thereby they conceive themselves bound in conscience and humble dutie to use and follow forth all possible diligence , for procuring the subscriptions of all his Majesties Lieges thereto . And to this effect , have thought fit that the care and diligence in procuring thereof , be committed to some of his Majesties Councell , and others of the Nobilitie and Gentrie within the severall Sheriffedomes and Provinces of the Kingdome , in manner after specified : Therefore the said Lord Commissioner , and Lords of secret Councell , give power , warrant , and commission to such of their number , and others after-following , within the bounds after specified , viz. For the sheriffedome of Edinburgh principall , William Earle of Lothiane , Archibald Lord Naper , S. John Dalmahoy of that ilke , S. George Towers of Innerleith . For the Burgh of Edinburgh , the Provost and Baillies of Edinburgh , that are , or shall be for the time . For East-lothiane Robert Earle of Roxburgh , Lord privie Seale , Thomas Earle of Hadintoun , John Earle of Lauderdaill , Harrie Lord Ker , S. Patrick Murrey of Elibanke , S. Patrick Hepburne of Wauchtoun , and James Maxwel of Innerweik . For the Stewartie of Dalkeith , John Earle of Traquair , Lord Treasurer , William Earle of Dalhoussie , and S. James Macgill of Cranstonriddell . For the sheriffedome of Peebles , and Ettrick forrest , the said Lord Treasurer , and John Lord Yester . For the sheriffedome of Selkirke , the said Lord Treasurer , the Earle of Hadintoun , S. William Scot of Harden , and Generall Ruthven . For the sheriffedome of Roxburgh , the Lord Privie-seale , the Earle of Lauderdaill , the Lord Ker , S. Andro Ker of Greenhead , S. William Dowglas Sheriffe of Tiviotdaill , and S. Thomas Ker of Cavers . For the Sheriffedome of Bervick , the said Lord Privie-Seale , James Earle of Home , the Earles of Hadintoun and Lauderdaill , and Laird of Blacader . For the sheriffedome of Fyffe , John Earle of Rothes , Charles Earle of Dumfermeline , John Earle of Annandaill , John Earle of Wemes , Lord Fentoun , John Lord Lindsey , David Lord Balcarres , S. Thomas Hope of Craighall Knight Baronet , His Majesties Advocate , S. Alexander Gibson of Durie , Sir James Learmonth of Balcolmie , and S. Andrew Murrey of Balvaird . For the sheriffedome of Linlithgow , Alexander Earle of Linlithgow , James Lord Amont , S. John Hammiltoun of Orbeston Justice clerk , Dundas of that ilk , and M. George Dundas of Manner . For the sheriffedome of Lanerk , John Earle of Wigtoune , Archibald Lord Angus , Lord Fleeming , Robert Lord Dalyell , S. William Elphinstoun chiefe Justice , Sir James Carmichaell of that ilk Treasurer Depute , the said Justice-clerke , S. James Lokhart younger of Lee , Francis Douglas of Sandelands , Gawin Hamiltoun of Raploche , S. James Hamiltoun of Broom-hill , Robert Hamiltoun of Torrence , and Alexander Hamiltoun of Hags sheriffe . For the sheriffedome of Striveling , John Earle of Mar , William Earle of Airth , John Earle of Montrose , Alexander Earle of Linlithgow , John Earle of Wigtoun , John Lord Flemming , Alexander Lord Elphinstoun , James Lord Amont , and S. William Murray of Polmais . For the sheriffedome of Dumfreis , William Earle of Queinsberrie , Master of Dalyell , the Laird of Lag , William Maxwell of Kirkhouse , and John Dalyell of Newtoun . For the sheriffdome of Clackmannan , the said Earle of Mar , S. Robert Bruce of Clackmannan , S. Thomas Hope younger of Cars sheriffe . For the sheriffedome of Wigtoun , John Earle of Cassils , Alexander Earle of Galloway , Sir John Hamiltoun elder and younger of Barganie , S. Patrick Mackie of Larg , John Murrey of Broughton . For the sheriffedome of Air , Alexander Earle of Eglintoun , Alexander Earle of Glencarne , John Earle of Cassils , William Earle of Dumfreis , William Lord Crichton , John Lord Lowdoun , the Lairds of Barganie elder and younger , the Lairds of Gastoun and Cragiewallace . For the sheriffedome of Renfrew , Alexander Earle of Glencarne , Robert Vicount of Belheaven , S. Archibald Stewart of Black-hall , the Laird of Howston and Bryce Sempill of Cathcart , S. Robert Dowglas of Blaikester , and S. John Maxwell of Pooke . For the sheriffedome of Dumbartan , Argile , and Carbet , the said Earles of Montrose and Wigtoun , the Lords Lorn & Flemming , S. George Stirline of Keir , and S. William Stewart Captaine of the Castle of Dumbartane . For the sheriffedome of Perth , stewartries of Monteith and Strathern , the Earls of Airth , Montrois , Atholl , Perth , Tullibardin , and Kinnoul , Mungo Vicount of Stormont , the Lairds of Keir and Lawers elder and younger , the Lairds of Duncrub elder and younger , and Blair of Baltheiock . For the sheriffedome of Forfar , the Earls of Montrois , Kingorn , and Southesk , the Lords Carnaegie and Ogilvie , the Master of Spynie , Patrick Maule of Panmure , the Constable of Dundie , S. Andro Fletcher of Innerpeffer , the Lairds of Din , Ethie , Balnamoune , Aldbar , Bonnyton , Lethintie , and Innerquharratie . For the sheriffdome of the Mernes , the Earles of Mairshall and Southesk , the Lord Carnegie , S. Thomas Burnet of Leyes , the Lairds of Glenbervie , Arbuthnet , Morphie , Balmoyne , and Halkerton elder . For the sheriffedome of Aberdene , the Marquesse of Huntly , the Earles of Mairshall and Kingorne , the Earle of Kingorne for himselfe , and as Tutor to the Earle of Erroll , the Lords Forbes and Fraser , and Laird of Drum. For the sheriffedome of Banff , the Marquesse of Huntly , the Earls of Mairshall and Finlatter . For Elgine and Forres , the Earle of Murray , the Laird of Innes , Brodie of that ilk , and Dumbar , sheriffe of Murrey . For the sheriffedome of Innernesse , the Marquesse of Huntly , the Earle of Seafort , the Lord Lovatt , the Lairds of Grant and Makintosh . For the sheriffedomes of Caithnes and Sutherland , the Earles of Sutherland , Caithnes , and Seafort , the Master of Berridail , and S. Robert Gordoun . For Orkney and Zetland , the Earle of Cariet , S. John Buchannan of Scotiscraig , and Will. Stewart of Maynes . For the sheriffdom of Bute , the Lord Lorn and sheriff of Bute . For the Iles , the Lord Lorn . With power to them conjunctly and severally to passe to the severall bounds above-written , at such times & places as they shall think fit , and there to exhibit the said Confession of faith and generall Band above-specified , marked and subscribed by the Clerk of Councell , and to require all his Majesties lieges , of whatsoever rank and qualitie , to subscribe the said Confession of Faith , dated March 2. 1580. according to the said date and tenour thereof , and as it was then profest within this kindgdome together with the generall Band dated in Anno 1589. as they will be answerable to his Majesty and the said Lords , upon their dutie and obedience : and to make report of their said diligence betwixt and the thirteenth day of November next . ANd because many did conceive , though falsly that these pretended Innovations had made some alteration in the Religion which was sworne at the first in the said Confession , Our Commissioner and Councell knowing well that suggestion to be made by those who were enemies to all peace , and onely to that end that Our subjects might be kept from returning to their obedience , did declare most truly and justly that Our intention ; and so accordingly the oath which they had now taken was to defend the true Religion and Confession of faith as it was professed in that Kingdome , and sworne unto in the yeare of our Lord 1580. by which they did assuredly conceive that all Our good people would rest fully satisfied . The Act of Councell containing that short explication here followeth . Apud Holy-rood-house 22. Septembris Anno 1638. THe which day a Noble Marquesse , JAMES Marquesse of Hammiltoun , Earle of Arran and Cambridge , his Majesties Commissioner , and Lords of secret Councell , in all humble and heartie affection unanimously swore , and subscribed the Confession of Faith above-written , dated 2. March 1580. according as it was then profest within this Kingdome : Together with the generall Band above specified , dated in Anno 1589. Whereupon S. Thomas Hope of Craighall , his Majesties Advocate , in his Majesties name asked instruments . WIth all these Our gracious proceedings the Lords of Our Councel were so fully satisfied themselves , that they did verily beleeve that there would remaine no more scruples in the minds of Our good subjects , and that nothing now could keep them from a cheerfull and thankfull returning to their former obedience . Their own resentment and satisfaction they testified both by an act of Councell , and a particular Letter directed to Us for that purpose , which here do follow . The Act of Councell . THe Lords of secret Councell having read and maturely considered his Majesties letters , and particular declaration of his pleasure anent the annulling of the Service Book , Book of Canons , and high Commission , discharging the pressing of the practice of the five Articles , making all persons , Ecclesiastick and Civill , of what title or degree soever , lyable to the tryall and censure of Parliament , generall Assembly , and other Judicatories competent , anent the not administrating to Ministers at their entry any other oath then that which is contained in the Act of Parliament anent the subscribing and renewing the Confession of Faith , subscribed by his Majesties Father of blessed memory , and his houshold , in Anno 1580. and Band following thereupon , anent the indiction of a generall Assembly , to be holden at Glasgow the 21. day . of November , 1638. and Parliament at Edinburgh the 15. of May , 1639. and anent his gracious goodnesse in forgetting and forgiving all by-gones , and indiction of a Fast for craving of Gods blessing to this Assembly ; find themselves so fully satisfied therewith , and the same to be so satisfactory for removing all the feares of the subjects anent innovation of Religion or Lawes , that we hold our selves bound in duty , not only to acquiesce therewith , as the best meane to secure both Religion and Lawes , but also to use our best endevours that all his Majesties good subjects may likewise rest satisfied therewith : And that they with us , and we with them , may testifie our thankfulnesse for so great a grace and goodnesse with all the heartie expressions of dutifulnesse and loyalty ; And that our true sense hereof may the more clearly appeare to our sacred Soveraigne , Wee doe by these humbly and heartily make offer of our lives and fortunes in the defending and assisting of his Majesties sacred person and authority , in the maintenance of the foresaid Religion and Confession , and repressing of all such as shall hereafter presse to disturbe the peace of this Kirk and Kingdome . In witnesse whereof we have heartily and freely subscribed these presents with our hands . At Holy-rood-house the 22. day of September , 1638. Sic Subscribitur . HAMMILTOUN . Traquaire , Roxburgh , Mairsheall , Mar , Murray , Linlithgow , Perth , Wigtoun , Kingorne , Tullibardin , Hadington , Annandail , Lauderdail , Kinnoul , Dumfreis , Southesk , Belheaven , Angus , Lorne , Elphinstoun , Naper , Dalyell , Amont , J. Hay , S. Thomas Hope , S.W. Elphinstoun , Ja. Carmichael , J. Hammiltoun , Blackhall . The Letter of Our Councel . Most Sacred Soveraigne , IF ever faithfull and loyall subjects had reason to acknowledge extraordinarie favours , shown to a Nation , and in a most submissive and heartie manner give reall demonstrations of the grace vouchsafed ; then doe we of your Majesties Councell , of this your ancient Kingdome , unanimously professe , that such acts of clemency vouchsafed us , cannot proceed from any Prince , saving him who is the lively image on earth of the great God Authour of all goodnesse . For return of so transcendent grace , fortified with the reall expression of unparallel'd Pietie , royall inclination to Peace , and universall love , not onely to those of our number , but likewise to all your Majesties loyall Subjects , wee doe all in one voyce , with all resentment can bee imagined , in all humility render our most bounden thankes , and offer , in testimonie of our full satisfaction and acquiescence herewith , to sacrifice our lives and fortunes in seconding your Sacred Majesties commandements , and repressing all such as shall hereafter preasse to disturbe the Peace of the Kirk and Kingdome . And for some small signification of our alacritie and diligence in your Sacred Majesties service , we have all , without the least shadow of any scruple , subscribed the Confession of Faith and Band appointed to be received by all your Majesties loyall Subjects , sent the act passed in Councell , with our other proceedings , which wee doe most humbly represent to your Royall view . And wee beseech your Majestie to be pleased , to be perswaded of the unviolable devotion of all here subscribers , who doe all in all humilitie pray for your Majesties most happie and flourishing reigne . Sic subscribitur . HAMMILTOUN , Traquair , Roxburgh , Mairsheall , Mar , Murray , Linlithgow , Perth , Wigtoun , Kingorne , Tullibardin , Hadintoun , Annandaill , Lauderdaill , Kinnoull , Dumfreis , Southesk , Belheaven , Angus , Lorn , Elphinstoun , Naper , Dalyell , Amont , J. Hay , S. Thomas Hope , S.W. Elphinstoun , Ja. Carmichael , J. Hammiltoun , Blackhall . IT is not for men to judge of other mens hearts , and of their secret desires , but We doe challenge the most rigid Covenanters to name any one particular ever desired by them , in any of their supplications , remonstrances , protestations , declarations , written or printed , exhibited to Us , Our Commissioner , or Councell , which is not in this Our gracious Declaration granted to Our people : For not onely all and every one of their particular grievances any way petitioned against by them , are hereby discharged and removed , but even the two generall things , which they made the people beleeve was the summe of all their desires and expectations , viz. a free Generall Assembly and a Parliament are indicted , and in that order upon which they stood so earnestly , first the Assembly , and then the Parliament : And besides all these , their owne Confession of faith , the ground as they pretend , of their Covenant renewed and established . Who would not now have expected a happie period to all the distractions of that Kingdome , upon this Our gracious assenting to all their owne desires ? But the divellish obstinacie and malice of those factious spirits , who did see that all their designes were utterly defeated , and that their hopes for compassing of them were now a bleeding and drawing their last breath , if they could not finde some meanes to blindfold Our peoples eyes , and so keepe them from discerning and acknowledging Our grace and goodnesse towards them : They presently before the houre that this Our Declaration was to be proclaimed , filled Our peoples minds and eares with fearfull expectations of most terrible things to be delivered in this Our Proclamation , and so destructive of the lawes and liberties of that Church and Kingdome , especially of their late sworne Covenant , that presently they wrought the people to a detestation of Our Declaration , before they knew what it was : They presently erected a large scaffold under the Crosse where Our Proclamation was to be made , upon which were mounted , not one or two from every Table , to protest in the name of the rest , as heretofore they had done , but a great number of Earles , Lords , Gentlemen , and others , with their swords in their hands , and hats on their heads ▪ not without jeering and laughing during all the time of Our Proclamation ; which no sooner was ended , but with a most insolent and rebellious behaviour they assisted one Johnston in reading of a most wicked , treasonable , and ignorant Protestation , which within few dayes after they printed and We doe here insert , as being confident that all subjects in the world who shall come to read it , will abhorre and detest it , if ever they did feele in their owne hearts the least touch or taste of a Princes favour and clemencie , or carry any affection to loyaltie , justice , and government : The very reading of it will bring every good subject and religious honest man so farre out of love with it , as it needeth no further confutation then the very perusall of it : For who can endure to heare Scripture so grossely abused , the holy name of God so solemnely invocated as a witnesse to such notorious falshoods ; to their rebellious courses and Covenant those attributes of infallibilitie given , which are onely proper to the sacred Scripture ; and royall authoritie affronted with such peremptorie asseverations , ignorant and senslesse reasons , the falshood and inconsequence whereof must needs appeare upon first view to any one who shall cast his eye upon them ? The Protestation followes , thus . The Protestation of the Noblemen , Barons , Gentlemen , Burrows , Ministers , and Commons , &c. WEe Noblemen , Barons , Gentlemen , Burgesses , Ministers , and Commons , his Majesties true and loyall subjects , That whereas our continuall supplications , complaints , articles , and informations , presented , first , to the Lords of his Majesties Privie Councell ; next , to his sacred Majestie , and last , from time to time to his Majesties Commissioner , our long attendance and great patience this twelve-month bygone , in waiting for satisfaction of our most just desires , our zeale to remove all rubs out of the way , which were either mentioned unto us , or could be conceived by us , as hinderances of our pious intentions , aiming at nothing but the good of the Kingdome , and preservation of the Kirk , which by consumption or combustion is likely to expire ; delighting to use no other meanes but such as are legall , and have beene ordinarie in this Kirk since the reformation , and labouring according to our power and interesse , that all things might be carried in a peaceable manner , worthy of our Profession and Covenant , our Protestation containing a hearty thanksgiving for what his Majesty in his Proclamation from his justice had granted of our just desires ; and our Protests and hopes for so much as was not as yet granted . All these made us confidently to expect from his Majestes Royall and compassioned disposition towards this his native Kingdome , that a free Generall Assembly and Parliament should have beene indicted , as the ordinary and most proper remedies of our grievances , and did constraine us to renew our petition , earnestly intreating , that his Majesties Commissioner would be pleased to represent unto his Majesty the condition of this Kirk and Kingdome , crying in an extreme exigencie for present helpe , with the lawfulnesse of the remedies prescribed by his Majesties Lawes , required by us , and presented to him in some particular Articles , which his Grace promised to recommend to his Majestie , and to doe his best endeavours for obtaining the same ; especially the first Article , that there might be indicted a full and free Generall Assembly , without prelimitation , either in the constitution and members thereof , in the order and manner of proceeding , or in the matters to be treated : And if there should be any question or doubt about one of these , or such like particulars , that the determination thereof might be remitted to the Assembly it selfe , as the only proper and competent judge . And now , after so many supplications , complaints , articles , and informations ; after our necessary protestation , expressing the humble thankfulnesse and continued desires of our hearts ; after so long expectation and so much dealing , having with open eares , and attentive minds heard his Majesties Proclamation , it is our desire , purpose , and endevour so to proceed , that we may upon the one part still be thankfull to God and the King , for the least blinke of his Majesties countenance , and the smallest crums of comfort that fall unto us from his Majesties Royall hands ; beseeching the Lord yet further to enlarge his Majesties heart , for our full satisfaction and rejoycing , to the honour of God , the good of this Kirk and Kingdome , and his Majesties never dying fame and glory ; that his wise government and zeale to the service of God , may be a measure and pattern of desires to all generations hereafter , when they shall be wishing for a religious and righteous King : And on the other part , that Christ our Lord , the King of Kings , through our neglect or luke-warmnesse may want no part of his Soveraignty and Dominion , and that in our Religion , which is more dear unto us then our lives , we deceive not our selves , with that which cannot satisfie and make up the breach of this Kirke and Kingdome , or remove our feares , doubts , and suspicions , of the innovations of Religion : This hath made us to observe , and perceive , that his Majesties Proclamation doth ascribe all the late distractions of this Kirke and Common-wealth , to our conceived feares of the innovation of Religion and Law , as the cause and occasion thereof , and not to the innovations themselves , with which we have beene for a long time , and especially of late , heavily pressed and grieved ; as if the cause were rather in apprehension and fancie , then in reality and substance . That the Service book and booke of Canons are not so far discharged by this Proclamation , as they have beene urged by preceding Proclamations ; for this Proclamation onely dischargeth the practice of them , and rescinds the Acts made for establishing their practice , but doth not rescind the former Proclamations ; namely , that of the 19. of February at Stirling , and that of the fourth of July at Edinburgh , which give an high approbation to these Books , as fit meanes to maintaine Religion , and to beat down all superstition ; and withall declares his Majesties purpose , to bring them into this Kirk in a faire and legall way : And thus both our feares that they may be introduced hereafter , must still remaine ; and the libertie of the Generall Assembly , by such a Declaration of his Majesties judgement , is not a little prejudged in the minds of so many as wisely consider and compare the preceding Proclamations with this which we now heare , although others who looking upon one step and not upon the whole progresse , run on rashly , and , neither considering what they are doing , nor with whom they are dealing , may be easily deceived , Qui pauca videt , citò judicat , a short sight maketh a sudden judgement . That it is declared in this Proclamation , That his Majesty neither intendeth to innovate any thing in Religion or Lawes , or to admit of any change or alteration in the true Religion already established and professed in this Kingdome : and withall , this is interposed , That the articles of Pearth are established by the acts of Parliament and generall Assembly , and dispensation of the practice only granted , and discharge given , that no person be urged with the practice thereof ; and consequently , his Majesties intention for the standing of the Acts of the Assembly and Parliament , appointing the Articles of Pearth , is manifest ; which is no small prejudice to the freedome of the Generall Assembly , That while the Proclamation ordaineth all his Majesties subjects to be liable to the triall and censure of the judicatories competent , and that none of them shall use any unlimited and unwarranted power ; likewise that no other oath be administred to Ministers at their entrie , then that which is contained in the Act of Parliament ; in both these Articles the Bishops are meaned , who are only thereby for the present curbed , against their exorbitancie and enormities in exercing their office : but the office of Bishops is thereby not only presupposed as unquestionable , but also so strongly established , that his Majestie declareth , for the present , his intention , to admit no innovation therein : which is more evident by the indiction of the Parliament , warning all Prelats to be present , as having voice and place in Parliament ; and by the indiction of the Assembly , warning all Archbishops and Bishops ( for so are their divers degrees and offices Ecclesiasticall here designed and supposed ) to be present , as having place and voyce in the Assembly , contrary to the caveats , acts of the Kirk , and our declinator : And thus a third and great limitation is put upon the Generall Assembly . The Proclamation , by reason of these many reall limitations , and prejudices of the liberty of the Assembly in the very points which have wrought so much woe and disturbance in this Kirk and Kingdome , and wherein the liberty of the Assembly is most usefull and necessary at this time , can neither satifie our grievances and complants , nor remove our feares and doubts , nor cannot ( without protestation ) be admitted by us his Majesties subjects , who earnestly desire that Truth and Peace may be established ; and that for the reasons following . 1. TO keepe silence in any thing that may serve for the good of the Kirk , whether it be in preaching , prayer , or in proposing and voyceing in a lwfull Assembly of the Kirke , is against the word of God. Esai . 62.6 . Yee that are the Lords remembrancers , keepe not silence , and give him no rest till he establish , and till he make Jerusalem a praise in the earth . 1. King. 18.21 . Like the halting of the people betweene two opinions , and their not answering a word , when the Lord called them to give a testimony . Act. 20.20 . I have keeped backe nothing that was profitable unto you : and againe , 1 Cor. 12.7 . Mat. 15.18 . Rom. 1.18 . Revel . 2.14.20 . and 3.15 : and therefore to keepe silence , or not to meddle with corruptions , whether in doctrine , sacraments , worship or discipline , in a generall Assembly of the Kirk , conveened for that end , were the ready way to move the Lord to deny his Spirit unto us , and to provoke him to wrath against our proceedings , and might be imputed unto us for prejudice , for collusion , and for betraying our selves and the posterity . 2. This predetermination is against our supplications and protestations , wherein we have showne our selves so earnest for a free generall Assembly , contrary to every limitation of this kind , so far prejudging the liberty thereof , is against the Confession of Faith registrated in the Parliament 1567. declaring that one cause of the Councels of the Kirk is for good policie and order to be observed in the Kirk , and for to change such things as men have devised when they rather foster superstition then edifie the Kirke , using the same ; and is against our late Confession , wherein we have promised to forbeare all novations till they be tryed , which obligeth us to forbeare now , and to try them in an Assembly , and by all lawfull meanes ▪ to labour to recover the former purity and liberty of the Gospel , to which this limitation is directly repugnant , our liberty in a Generall Assembly being the principall of all lawfull meanes serving to that end . 3. This were directly contrary to the nature and ends of a generall assembly , which having authority from God , being conveened according to the lawes of the Kingdome , and receiving power from the whole collective body of the Kirke , for the good of Religion , and safety of the Kirke ; Whatsoever may conduce for these good ends in wisedome and modestie should be proponed , examined , and determined without Prelimitation , either of the matters to be treated , or of the libertie of the members thereof . It being manifest , that as farre as the assembly is limited in the matters to bee treated , and in the members to be used , the necessary ends of the Assembly , and the supreme Law , which is the safety of the Kirke , are as far hindered , and pre-judged . This limitation is against the Discipline of the Kirke , which Booke 2. chap. 7. declareth this to be one of her liberties , That the Assembly hath power to abrogate and abolish all Statutes and ordinances concerning Ecclesiasticall matters that are found noysome and unprofitable , and agree not with the time , or are abused by the people , and against the acts of the generall assembly . Like as the pretended Assembly 1610. declareth for the common affaires of the Kirk ( without exception or limitation ) it is necessary that there be yearly generall Assemblies , And what order can be hoped for hereafter , if this assembly indicted after so long intermission , and so many grosse corruptions be limited , and that more than ever any lawfull Assembly of the Kirk was , when it was yearly observed . 5. It is ordained in Parl. 11. act . 40. K. James 6. anent the necessarie and lawfull forme of all Parliaments that nothing shall be done , or commanded to be done , which may directly or indirectly prejudge the libertie of free voycing or reasoning of the Estates , or any of them in time comming . It is also appointed in Parl. 6. act . 92. K. James 6. that the Lords of Counsell and Session proceed in all civill causes intended or depending before them , or to be intended , to cause execute their decrees notwithstanding any private writing , charge , or command in the contrarie , and generally by the acts of Parliament appointing every matter for its owne judicatorie , and to all judicatories their owne freedome . And therefore much more doth this liberty belong to the supreme judicatorie ecclesiastick in matters so important as concerneth Gods honour and worship immediatly , the salvation of the peoples Soules , and right constitution of the Kirk whose liberties and priviledges are confirmed Parl. 12. K. James 6. Parl. 1. K. Charles , for if it be carefully provided by diverse Acts of Parliament , especially Parl. 12. act 148. K. James 6. That there be no forstalling or regrating of things pertaining to this naturall life : What shall be thought of this spirituall for stalling and regrating which tendeth to the famishing or poysoning of the soules of the people both now and in the generations afterward . 6. It were contrary to our Protestations , proceedings and complaints against the late innovations . And it might be accounted an innovation and usurpation as grosse & dangerous to us , and the posterity , and as prejudiciall to Religion as any complained upon by us , to admit limitations , and secret or open determinations , which belongeth to no person or judicatorie , but to an Assembly , Or to consent to , and approve by our silence the same predeterminations , It were to be guilty of that our selves , which we condemne in others . We may easily judge how the Apostles before the Councell of Jerusalem , the Fathers before the Nicene Councell , and our Predecessors before the assembly holden at the Reformation , and afterwards , would have taken such dealing . That this Proclamation commandeth all his Majesties Subjects for maintenance of the Religion already established to subscribe and renew the Confession of Faith subscribed before in the yeere 1580 , and afterward . And requireth the Lords of privie Councell to take such course anent the same , and the generall Band of Maintenance of the true Religion , and the Kings person , that it may be subscribed , and renewed throughout the whole Kingdome with all possible diligence , which cannot now be performed by us . For although of late we would have been glad that our selves and other his Majesties Subjects had been commanded by authority to sweare , and subscribe the generall Confession of Faith against Popish errours , and superstitions and now would be glad that all others should joyne with us in our late Covenant & Confession , descending more specially to the novations and errors of the time , and obliging us to the defence of Religion ; and of the Kings Majesties person , and authority , and for these ends to the mutuall defence every one of us of another , Yet can we not now after so necessarie , and so solemne a specification returne to the generall for the reasons following . 1. No means have been left unassayed against our late Confession of Faith and Covenant so solemnly sworn and subscribed . For first we were prest with the rendring and rescinding of our Covenant . Next an alteration in some substantiall points was urged . 3. A Declaration was motioned , which tended to the enervation thereof , and now we find in the same straine , that we are put to a new tryall , and the last mean is used more subtile than the former : That by this new subscription our late Covenant , and Confession may be quite absorbed and buried in oblivion , that where it was intended & sworn to be an everlasting Covenant never to be forgotten , it shall be never more remembred , the one shall be cryed up , and the other drowned in the noise thereof , And thus the new subscription now urged ( although in a different way ) shall prove equivalent to the rendring of the Covenant , or what of that kind hath before been assayed . Like as the reasons against the rendring of the Covenant , doe militate directly against this new motion . 2. If we should now enter upon this new Subscription , we would think our selves guilty of mocking God , & taking his Name in vain , for the tears that began to be poured forth at the solemnizing of the Covenant are not yet dryed up & wiped away , and the joyfull noise which then began to sound hath not yet ceased ▪ and there can be no new necessity from us , and upon our part pretended for a ground of of urging this new subscription , at first intended to be an abjuration of Popery upon us who are known to hate poperie with an unfained hatred , and have all this yeere bygone given large testimonie of our zeale against it . As we are not to multiply miracles on Gods part , so ought we not to multiply solemne oathes and Covenants upon our part , and thus to play with oathes , as children doe with their toyes , without necessitie . 3. Neither would we in giving way to this new subscription think our selves free of perjurie : for as we were driven by an undeclinable necessitie to enter into a mutuall Covenant , so are we bound , not onely by the law of God and nature , but by our solemn oath and subscription , against all divisive motions to promove and observe the same without violation : and it is most manifest , that having already refused to render , alter , or destroy our Covenant , nothing can be more contrarie and adverse to our pious intentions and sincere resolutions , than to consent to such a subscription and oath , as both in the intention of the urgers , and in the nature and condition of the matter urged , is the ready way to extinguish , and to drowne in oblivion the Band of our union and conjunction that they be no more remembred . In this case we are called to lay seriously to our hearts , 1 , That we have sworne that we shall neither directly , nor indirectly suffer our selves to be divided and withdrawne from this blessed and loyall conjunction , which consisteth not only in the generall Confession , but also in our explanation , & application thereof , but on the contrary , shal by all lawfull means , labour to further and promove the same . 2. That our union and conjunction may be observed without violation , ( and so without mutilation of our application ) we call the living LORD to witnesse , as we shall answer to Christ in the great Day , &c. 4. This new subscription , in stead of performing our vows , would be a reall testimonie and confession before the World , That we have been transgressours in making rash vows , that we repent our selves of former zeal and forwardnesse against the particulars exprest first in our Supplications , Complaints , and Protestations , and next abjured in our Covenant , that we in our judgement prefer the generall Confession unto this , which necessarily was now made more speciall ; and that we are now under the faire pretext and honest cover of a new oath , recanting and undoing that , which upon so mature deliberation we have been doing before , This beside all other evils , were to make way and open a door to the re-entry of the particulars abjured , and to repent our selves of our chiefest consolations , and to lie both against God and our owne soules . 5. It hath been often objected , that our Confession of Faith , & Covenant was unlawfull , because it wanted the warrants of publick authority , and it hath been answered by us , that we were not destitute of the warrant civill and ecclesiasticall which authorized the former Covenant . And although we could have wished that his Maty had added both his subscription & authority unto it , yet the lesse cōstraint from authority and the more libertie , the lesse hypocrisie , and more sincerity hath appeared : But by this new subscription urged by authority we both condemn our former subscription as unlawfull , because alleadged to be done without authority , and precondemn also the like laudable course in the like necessity to be taken by the posterity . 6. What is the use of merch-stones upon borders of Lands , the like use hath Confessions of Faith in the Kirk , to disterminate and divide betwixt Truth and errour : and the renewing and applying of Confessions of Faith to the present errors and corruptions , are not unlike ryding of merches . And therefore to content our selves with the generall , and to return to it , from the particular application of the Confession necessarily made upon the invasion or creeping in of errors within the borders of the Kirk , if it be not a removing of the merch stone from the own place , it is at least the hiding of the merch in the ground that it be not seen , which at this time were very unseasonable for two causes . One is , because Poperie is so pregnant , and powerful in this land , as we have learned of late . The other , because the Papists who upon the urging of the Service book & Canons , have presumed of our return to Rome , will upon this our subscription arise frō their dispareing of us , unto their wonted presumption . None of us will deny , but the large Confession of Faith registrated in the Acts of Parliament , doth by consequence contain this short confession and abjuration : Yet were it not sufficient against Poperie to subscribe the one without the other : how then shall we think that the more general Confession & abjuration at this time , when the urging of such Popish books hath extorted frō us so necessary an application , and doth still call for a testimony , to be compleat enough without it . 7. The Papists shall hereby be occasioned to renew their old objection against us , Annuas & menstruas fides de Deo decernūt , That our Faith changeth with the Moon , or once in the yeere . Other reformed Kirks might justly wonder at our inconstancie in changing our Confession without any reall necessity , and that in one and the same yeer it cometh forth larger , & more particular , then shorter , & more general : and our Adversaries will not fail to traduce us as troublers of the peace of the Kirk & kingdom without any necessar cause . 8. It will likewise prove a confirmation of their errour , who think they may both subscribe the Confession of Faith , and receive the Service book , and Canons , which is not only a direct scandaling of them , but also a ready way to put a weapon in their hands against our selves , who maintain and professe that these and such other evils are abjured in the Confession of Faith. 9. If we should now sweare this Confession , we should be obliged by our oath to maintain Perth articles , which are the innovations already introduced in the worship of God , and to maintain Episcopacie , with the civill places , and power of Kirkmen . Because we are bound to swear this Confession by vertue of & comform unto the Kings command signed by his sacred Majestie of the date September 9. 1638. ( These are the very words subjoyned to the Confession and Band , and prefixed to the Subscriptions ) and it cannot be denyed , but any oath ministred unto us , must either be refused , or else taken according to the known mind , professed intention , and expresse command of Authority urging the same : And it is most manifest , that His Majesties mind , intention , and Commandement , is no other , but that the Confession be sworn , for the maintenance of religion , as it is already or presently professed , ( these two being coincident , altogether one and the same , not only in our common form of speaking , but in all His Majesties proclamations ) and thus as it includeth , and conteineth within the compasse thereof , the foresaid novations and Episcopacie , which under that name were also ratified , in the first Parliament holden by his Majestie . And where it may be obiected , that the Counsellours have subscribed the Confession of Faith , as it was professed 1580. and will not urge the Subscription in another sense upon the Subiects . We answer , First , the Act of Counsell containing that declaration , is not as yet published by Proclamation . Secondly , if it were so published , it behooved of necessity either be repugnant to His Maiesties declared Iudgement and Command , which is more nor to sweare without warrand from Authority ( a fault although uniustly , often obiected unto us ) or else we must affirme the Religion in the yeare 1580. and at this time to be altogether one and the same ; and thus must acknowledge , that there is no novation of Religion , which were a formall contradiction to that we have sworne . 3. By approving the Proclamation anent the Oath to be administred to Ministers , according to the Act of Parliament , which is to swear simple obedience to the Diocesan Bishop , and by warning all Archbishops and Bishops to be present ; as having voice and place in the Assemblie : They seem to determine , that in their Iudgment the Confession of Faith , as it was professed 1580. doth consist with Episcopacie , whereas We by our oath have referred the tryall of this or any other question of that kind to the generall Assembly & Parliament . 10. This subscription & oath in the mind & intention of authority , & consequently in our swearing thereof , may consist with the corruptions of the Service book & Canons , which we have abjured as other heads of Poperie : For both this present proclamation , and his Majesties former proclamations at Linlithgow , Striveling , Edinburgh ; The Lords of privie Counsell in their approbation of the same ; and the prelates and doctors who stand for the Service book & Canons , Doe all speak plainly , or import so much , That these books are not repugnant to the Confession of Faith ; and that the introducing of them is no novation of religion or law : And therefore we must either refuse to subscribe now , or we must confesse contrary to our late Oath , and to a cleare Truth , That the Service book and Canons are no innovations in Religion . And , though the present books be discharged by proclamation , yet if we shall by any deed of our owne testifie , that they may consist with our Confession of Faith , within a very short time , either the same books , or some other like unto them , with some small change , may be obtruded upon us , who by Our abjuration ( if we adhere unto it ) have freed both our selves , and the posteritie of all such corruptions , and have laid a faire foundation for the pure worship of God in all time coming . 11. Although there be indeed no substantiall difference between that which We have subscribed , & the Confession subscribed 1580. more then there is betweene that which is hid , and that which is revealed ; A march stone hid in the ground , and uncovered , betwixt the hand closed and open , betwixt a sword scheathed and drawn , or betwixt the large Confession , registrat in the Acts of Parliament , and the short Confession , or ( if we may with reverence ascend yet higher ) between the Old Testament & the New , yet as to scheath our sword when it should be drawn , were imprudencie ; or at the commandement of Princes , professedly popish in their dominions , after the Subjects had subscribed both Confessions , to subscribe the first without the second , or at the will of a Iewish Magistrate , openly denying the New Testament , to subscribe the Old alone , after that they have subscribed both , were horrible impiety against God , and Treacherie against the Truth : Right so , for Vs to subscribe the former a-part , as it is now urged and framed , without the explanation and application thereof at this time , when ours is rejected ; and the subscribers of the former refuse to subscribe ours , as containing something substantially different , and urge the former upon us , as different from ours , and not expressing the speciall abjuration of the evils , supplicated against by us , were nothing else , but to deny and part from our former subscription , if not formally , yet interpretatively . Old Eleazar , who would not seeme to eate forbidden meat , and the Confessors and Martyrs of old , who would not seeme by delivering some of their papers , to render the Bible , or to deny the Truth , may teach us our dutie in this case , although our lives were in hazard for refusing this Subscription : And who knoweth , but the LORD may be calling His people now , who have proceeded so farre in professing His Truth at this time , to such Trials and Confessions , as His faithfull Witnesses have given of old ; that in this point also our doing may be a document both to the succeeding ages , and to other Kirks to whom for the present we are made a spectacle . 12. If any be so forgetfull of his oath ( which God forbid ) as to subscribe this Confession , as it is now urged , he doth according to the proclamation acquiesce in this declaration of his Majesties will , and doth accept of such a pardon as hath need to be ratified in parliament , And thus doth turne our glory unto shame , by confessing our guiltinesse , where God from Heaven hath made us guiltlesse , and by the fire of His Spirit from Heaven hath accepted of our service , And doth depart from the commandement of God , the practise of the Godly in former times , and the worthy and laudable example of our worthy & religious progenitours , in obedience whereof , and conform to which We made profession to subscribe : for there is no particular Act required of us , to whom the pardon is presented in this proclamation , but this new subscription allanerlie . 13. The generall band now urged to be subscribed , as it containeth many clauses not so fitting the present time as that wherein it was subscribed , so is it deficient in a point , at this time most necessary , Of the reformation of our lives , that we shall answerablie to our profession , be examples to others , of all Godlinesse , sobernesse and righteousnesse and of every duty wee owe to GOD and main ; without which we cannot now subscribe this Confession , least we loose the bands to wickednesse , seeme to repent of our former resolutions and promises , and choose to have our portion with hypocrites , professing and swearing that wee know GOD , but in our workes denying him , being abominable , disobedient , and unto every good worke reprobate . 14. Since the narrative of the general band is now changed , & some lines , expressing at length the Papists , and their adherents to be the partie from whom the danger to Religion , and the Kings Majestie was threatned , are left out , and no designation made of the partie from whom the danger is now threatned , We are made either to think , that our subscription at this time is unnecessarie , or to suspect that we who have supplicated and entred in Covenant , are understood to be the partie ; especially since the Lords of Councell have in the Act September 22. ratifying the Proclamation , found themselves bound to use their best endeavours , that all his Majesties good Subjects may rest satisfied with his Majesties Declaration ; since also we have beene ( although undeservedly ) challenged of disorders , distractions , and dangers to Religion , and his Majesties authoritie ; and since in the foresaid Act and in the missive directed to his Majestie , the Lords of Councell offer their lives and fortunes to his Majestie , in repressing all such , as shall hereafter prease to disturbe the peace of this Kirk and Kingdome ; which being expressed in a generalitie is by many applied to us , and interpreted of our adhering to our Covenant ; We should therefore , by our subscription of the Covenant , as it is now conceived , both do directly against our owne minds , in condemning our selves , wherein we are innocent , and should consent to our owne hurt , to the suppressing of the cause which wee maintaine , and to the repressing mutually one of us of another , directly contrarie to our former solemne Oath and subscription . 15. The subscribing of this Confession by the Lords of his Majesties privie Councell , who by their place and high employment are publike Peace-makers , and by others who have not subscribed the late Confession will make the breach wider , and the lamentable division of this Kirk more desperate then ever before ; some having sworne to labour by all lawfull meanes to recover the former Libertie , and puritie of Religion ; and others , maintaining that for puritie , which is alreadie established ; some beleeving and professing that the evils supplicated against , are abjured in that Confession of Faith ; and others maintaining the Confession of Faith , and these corruptions ( although for the present discharged by authoritie ) not to be inconsistent : and beside this , many divisions and subdivisions will ensue to the dulefull renting of the Kirk and Kingdome , making way for the wrath and many judgements of God often threatned by his faithfull servants , which all the godly ought to labour by all meanes to prevent . 16. Wee represent also to the honourable Lords of privie Councell to be considered , That the Doctrine , Discipline , and Use of Sacraments are sworne , and the contrarie abjured , according to the Word of God , and the meaning of the Kirk of Scotland in the books of Discipline , and Acts of Assemblies ; And that in the Oath there is no place left to the generalitie of any mans conception of the true Faith and Religion , nor to any private interpretation , or mentall reservation . For these and the like considerations , in our owne name , and in name of all who will adhere to the late Covenant , subscribed by us , and sealed from Heaven , We ( from our dutie to God , our King , our native Countrey , our selves , and the posteritie , lest our silence import a satisfaction of our desires , and a stopping of our mouths from necessarie supplication for things yet to bee obtained from his Majesties just and gracious disposition ) are constrained to declare and protest ; First , that the cause and occasion of the distractions of the Kirk and Common-wealth , are no wayes to bee imputed unto us , or our needlesse feares , but to the innovations and corruptions of Religion , which against the Acts and order of this Kirk , and the Lawes of the Kingdome , have beene pressed upon us the people of God , and his Majesties loyall subjects ; who , although under great thraldom , were living in peace and quietnesse , labouring in all godlinesse and honestie to do our dutie to God and man. Secondly , We protest , that all questions and doubts that arise , concerning the freedome of the Assemblie , whether in the constitution and members thereof , or in the matters to be treated , or in the manner and order of proceeding , be remitted to the determination of the Assemblie it selfe , as the onely proper and competent judge ; And that it shall be lawfull for us , being authorized with lawfull Commissions , as at other times when the urgent necessitie of the Kirk shall require , so in this exigence to assemble our selves at the Diet appointed , notwithstanding any impediment or prorogation to the contrary : And being assembled , against all qualifications and predeterminations , or presupposals to propone , treat , reason , vote , and conclude , according to the Word of God , confession of Faith , and Acts of lawfull Assemblies , in all Ecclesiasticall matters , pertaining to the Assemblie , and tending to the advancement of the Kingdome of Christ , and good of Religion . Thirdly , since Archbishops and Bishops have no warrand for their office in this Kirk , since it is contrarie both to reason and to the Acts of the Kirk , that any have place and voice in the Assemblie , who are not authorized with lawfull Commissions ; and seeing both in common equitie , and by the tenour of this Proclamation , they are made lyable to the triall and censure of the Assemblie , Wee protest , that they bee not present , as having place or voice in the Assemblie , but as rei to compeere , for underlying triall and censure upon the generall complaints alreadie made , and the particular accusations to be given in against them ; And that the warning given by his Majesties Proclamation , and this our Protestation , be a sufficient citation to them , to compeer before the Assemblie , for their triall and censure , in life , office , and benefice . Fourthly , Wee solemnly protest , that We do constantly adhere to our Oath and subscription of the Confession of Faith and Covenant , lately renewed and approven with rare and undeniable evidences from heaven , of the wonderfull workings of his Spirit in the hearts both of Pastors and people , through all the parts of the Kingdome ; And that we stand to all parts and clauses thereof , and particularly to the explanation and application , containing both our abjuration of , and our union against the particular evils and corruptions of the time ; a dutie which the Lord at this time especially craveth at our hands . Fifthly , We also protest , that none of us who have subscribed , and do adhere to our subscription of the late Covenant , be charged , or urged , either to procure the subscriptions of others , or to subscribe our selves unto any other Confession or Covenant , containing any derogation thereunto , especially that mentioned in the Proclamation , without the necessarie explanation and the application therof , alreadie sworn by us , for the Reasons above expressed : And because , as we did in our former Protestation appeale from the Lords of his Majesties Councell , so do we now by these renew our solemne appeale , with all solemnities requisite , unto the next free Generall Assemblie and Parliament , as the onely supreme nationall Judicatories competent , to judge of nationall causes and proceedings . Sixthly , We protest , That no subscription , whether by the Lords of Councell or others , of the Confession mentioned in the Proclamation , and enjoyned for the maintenance of Religion , as it is now already , or at this present time established and professed within this Kingdome , without any innovation of Religion or Law , be any manner of way prejudiciall to our Covenant , wherein we have sworne to forbeare the practice of Novations alreadie introduced , &c. till they be tried in a free Assemblie , And to labour by all lawfull meanes , to recover the puritie and libertie of the Gospel as it was established and professed before the foresaid Innovations : And in like manner , that no subscription foresaid be any derogation to the true and sound meaning of our worthie predecessours , at the time of their subscription in the year 1581. and afterward . Withall , warning and exhorting all men who lay to heart the cause of Religion , against the corruptions of the time & the present estate of things , both to subscribe the Covenant as it hath bin explained , and necessarily applied ; and as they love the puritie and libertie of the Gospel , to hold back their hands from all other Covenants , till the Assembly now indicted be conveened , and determine the present differences and divisions , and preserve this country from contrarie oathes . Seventhly , As his Majesties royall clemencie appeareth in forgiving and forgetting what his Majestie conceiveth to be a disorder or done amisse in the proceeding of any ; so are we very confident of his Majesties approbation , to the integrity of our hearts and peaceablenesse of our wayes and actions all this time past : And therfore We protest that we still adhere to our former complaints , protestations , lawfull meetings , proceedings , mutuall defences , &c. All which , as they have been in themselves lawfull , so were they to us , pressed with so many grievances in his Majesties absence from this native kingdome , most necessary , and ought to be regarded as good offices , and pertinent duties of faithfull Christians , loyall subjects , and sensible members of this Kirk and Commonwealth , as we trust at all occasions to make manifest to all good men , especially to his sacred Majestie , for whose long and prosperous government , that we may live a peaceable and quiet life in all godlinesse and honestie , We earnestly pray . WHereupon a noble Earle , James Earle of Montrose , &c. in name of the Noblemen ; M. Alexander Gibson younger of Durie , in name of the Barons ; George Porterfield Merchant Burgesse of Glasgow , in name of the Burrowes ; M. Harie Rollock Minister at Edinburgh , in name of the Ministers ; and M. Archbald Johnston Reader hereof , in name of all who adhere to the Confession of Faith and Covenant , lately renewed within this Kingdome , tooke instruments in the hands of three Notars present , at the said Mercate Crosse of Edinburgh , being invironed with great numbers of the foresaid Noblemen , Barons , Gentlemen , Burrows , Ministers , and Commons , before many hundred witnesses , and craved the extract thereof : And in token of their dutifull respect to his Majestie , confidence of the equitie of their cause , and innocencie of their carriage , and hope of his Majesties gracious acceptance , they offered in all humilitie with submisse reverence a copie thereof to the Herauld . ANd now for triall of what Wee have said , the Reader may reflect upon these particulars : Not farre from the beginning , they averre that they did confidently expect from Us a free Generall Assemblie and Parliament to be indicted , and that Our Commissioner promised to recommend unto Us this their suit for a free Generall Assemblie , without prelimitation either in the constitution and members thereof , in the order and manner of proceeding , or in the matters to bee treated of ; and do insinuate as if Wee had not given order for any such Assemblie in Our Declaration ; which everie Reader ( looking upon Our Declaration ) may see to be most untrue : for in it We give warrant to Our Commissioner to indict a free Generall Assemblie ; nor is there there either mention or meaning of any prelimitation , though they themselves did use verie many , some whereof you have heard alreadie , and shall heare of more hereafter . Afterwards they quarrell with Our Declaration for ascribing all the late distractions of this Church and Common-wealth to their conceived feares of the Innovation of Religion and Lawes , and not to the Innovations themselves : No doubt a great crime , that We will not acknowledge that the Service Book , which was penned at first by those who laid downe their lives in opposition to Poperie , is an introduction to Poperie ; and We do professe that We did discharge that Book onely to remove their feares and doubts , and ease their pretended grievances : nor can Wee condemne that Book , without condemning the Service Book of England , for the Covenanters arguments strike alike at both . Then immediatly after , They take it ill that though We have discharged the practice of these pretended Innovations , and voided all Acts made for the establishing of them , yet We have not rescinded Our former Proclamations at Sterling and Edinburgh ; As if nothing could content them , unlesse Wee should disgrace Our owne Proclamations , which did not any way establish or authorize the things complained of : nay more , unlesse We will call back Our own words , which cannot be interpreted to any such sense as they would force upon them , they would make Our people beleeve , that the libertie of the generall Assemblie is prejudged , & , in a suspicious , undutifull and dangerous phrase , tell them , That they do not consider with whom they are dealing ; as if no trust were to be given to Us : Next , they quarrell with Our discharging of the practice of the Articles of Perth , but not the Articles themselves which are established by acts both of Parliament and Generall Assemblie ; and yet Wee dare say , that they would hold it for a strange position , if We should use Our Prerogative to the disanulling of any thing established by these two Judicatories ; nay , if We and the Parliament joyntly should ( as the world goeth now ) offer to disanull any act of their Generall Assemblie : so glad they are to quarrell with Our Declaration , that in their eagernesse they destroy their owne grounds . Their next cavill , if it were possible , is as senslesse as the former , whereby they averre , that Our naming of Bishops in Our Proclamation for the indiction of the Assemblie is a prelimitation of it , because thereby We take it as granted , that the office of a Bishop is unquestionably an office in that Church and Kingdome ▪ and this they call a great prelimitation put upon the Assemblie ; but with what shew of consequence We cannot possibly conceive : for who would not take that undoubtedly for an office in any Church or Kingdome , which is established by the Lawes and acts of both ? and such is the office of a Bishop in that Kingdome : After these fancied prelimitations , they adde sixe reasons why they should not be admitted ; which are so ignorant and simple , as it is not possible to draw them into any forme of reasoning or concluding : and though they could bee so drawne , yet they were verie needlesse ; for to what end should reasons bee brought against the admitting of these prelimitations , when there were no prelimitations offered , and these that are alledged are no prelimitations at all ? And therefore these six Reasons , at least so called by them , are to bee passed over with contempt , as having not one word in them worthie the answering . Next , they muster up sixteen Reasons against the subscription to the confession of Faith urged by Our authoritie in that Declaration , of the verie same piece with the former six Reasons , everie way as full of non-sense as they ; The first is , that it will make their Covenant bee forgotten : a matter of great consequence indeed , that their unlawfull Acts should be drowned by any Act of lawfull authoritie . For this We think they should thank Us : The second reason is , that if they should subscribe this confession now , they would think themselves guiltie of mocking God : a notable whimsey , that Acts of authoritie must want obedience if they crosse some peoples foolish thoughts and idle fancies ; but in the meane time what a fearfull mocking of God , and taking of his name in vaine is it for them to say so , and use that great name for so groundlesse a suspicion ? The third reason is , that they are afraid that this subscription will introduce a division amongst themselves , it being against their Oath , in their late Covenant , to admit of any divisive motions . And truely whatsoever they pretend in all their other reasons , this is the maine , if not the onely reason of the principall Covenanters furious proceedings in all their wayes , and especially in this their Protestation , because they did plainely perceive that if Our people should once see and acknowledge Our Grace and clemencie , or be brought to subscribe to the same thing by Our authoritie , to which they had subscribed before by their perswasion , then they would begin againe to rellish government , and so fall off , and divide themselves from those who have resolved never to indure it : In the meane time , the Reader shall do well to observe the wonderfull strength of this reason ; We must not subscribe , because it will occasion some division amongst us ; by the same reason , all hope of peace must be banished out of that Kingdome for ever : For certainely if they themselves should set downe in writing the utmost of their desires , and Wee should assent unto them , yet undoubtedly some would dislike and not admit of those propositions of peace , which the rest had agreed upon : Are they therefore sworne by their Oath to reject all proffers of peace , because some will dislike them , upon which a division must follow more or lesse ? The fourth reason is plaine Poperie , and the maine ground of most of the errours established at the Councell of Trent ; If they subscribe now , it will bee thought that they have erred in their former proceedings ; but where the reason of this Reason lies , is past ordinarie finding : The fifth reason hath in it a reach beyond the Moone ; This subscription is urged by authoritie , but our former subscription proceeded from our owne heads , and therefore is to be preferred , as carrying with it more libertie , more sinceritie , and lesse hypocrisie ; A reason fit to bee answered by none but such as have lost their Reason : The sixth reason is in the same case ; for truely Wee understand it not : The seventh reason supposeth that there is a Papist in the world so foolish and simple as to think , that the same confession of Faith , consisting of the same words and syllables , injoyned to bee sworne without authoritie , if it shall bee commanded to bee sworne by authoritie , becommeth a new and different confession of Faith ; or if that We everie yeare of Our Reigne should renew and command a subscription to the same confession , that then everie yeare Wee should establish a new Faith ; Sure they need not trouble Our peoples heads with such foolish feares , for undoubtedly there will bee no such foolish fellowes found amongst the Papists : The eighth reason , hath not a shew of any reason : For their ninth reason , We are confident , that if they had knowne as much as now they do , and have expressed in their answer to Our Commissioners last Declaration , they would have left this quite out : for the truth is , that no man can subscribe this confession of faith commanded by Us , and with a safe conscience hold that Episcopacie is abjured by it , for many reasons , amongst which this alledged by them is but one , yet a very true one , viz. That an oath must either be refused or taken according to the knowne intention of him that ministred it ; and it being well knowne , that We , according to the Lawes of all Our Kingdomes , are resolved to maintaine Episcopall government , no man can sweare any oath administred by Us or Our authoritie , which may not consist with that government : And it is as true , that there is nothing in that confession of faith , which being sworne unto , abjureth Episcopacie , by whomsoever the oath shall be administred ; and therefore it is a very unjust and unnecessarie feare , which seemes to make them sweat at the end of this ninth Reason , viz. That this subscription commanded by Us , seemeth to determine , that the confession of faith as it was professed 1580. doth consist with Episcopacie : That this subscription determineth it , is undoubtedly a very simple conceit , but that the confession it selfe made in 1580. may and doth consist with Episcopacie , is unquestionably true ; and it is so determined by the Covenanters themselves , who assured many who made that scruple , and would not have come into their Covenant unlesse the Covenanters had first resolved them of it , that they might sweare the same confession , and yet not abjure Episcopall government , which likewise the three Ministers in their first answer to the Divines of Aberdene , have positively affirmed , averring , that Episcopacie was not abjured by that confession , nor their Covenant , but onely referred to the tryall of an Assembly and Parliament : Now it is most certaine , that when We commanded this subscription to that confession , no Assembly ( true or pretended ) had determined that it was abjured , nor hath any Parliament done so yet ; and therefore the Covenanters themselves have determined , that when Wee required this subscription , a man might safely subscribe without abjuration of Episcopacie : But to let the weaknesse of this ninth reason passe , it is a wonder to observe how these men in their answer to the fourth reason ( contained in Our Commissioners last Declaration ) are constrained by maine force of argument to denie their own most true proposition , expressed at the beginning of this ninth reason : For there they affirm it plainly , that a man may swear secundùm rem juratam , though he know that that which hee sweares to , is against the meaning and sense of him that gives the oath ; Which is such a notable piece of equivocation , and , indeed , of such dishonestie , as is not to be expressed by Us in its proper name ; for no patron of equivocation hath yet out-gone it . The tenth reason propoundeth an undoubted truth , viz. that by swearing that confession , none of these pretended innovations is abjured . What then ? Is it not sufficient , that by Our authoritie they are discharged , and referred to the tryall of a generall Assembly and Parliament ? The 11. reason repeateth againe the dark parable of the March-stone which was in the sixth reason ; it would breake any mans teeth to cracke it , and it is not to be hoped , that ever any man will find the pith and kernell of it ; and therefore let it be as unintelligible as the sixth . The 12. reason is such a one as certainly no rationall man could ever have dreamed of : If we subscribe the confession by the Kings authoritie , then it will be thought that we acquiesce in His Majesties Declaration , and that wee are contented to be pardoned by Him , and that is such a thing as it turnes all our glorie into shame , by confessing our guiltinesse . A strange fancie , that men should account that a shame , which the Scripture calleth giving glorie unto God. But truly it is not farre from blasphemy , when they affirme , that God by the fire of his Spirit from heaven hath accepted their service : If they meane their Covenant , what more can be said of the holy Scriptures ? For sure to be indited by the Spirit , and to be approved by the fire of the Spirit from heaven , is much about one ; if there be any difference , the odds will seeme to lye upon the acceptation of it from heaven by the fire of the Spirit ; for the Spirit descending upon the Apostles in fierie tongues , was that which both sealed their calling unto them , and enabled them for it , and for inditing those holy Scriptures which they wrote : And thus , before they are aware , they make themselves patrons of a notable point of Poperie , viz. That their Covenant , which sure was penned by men , and so but a humane writing , is of equall authoritie with the sacred Scriptures : for if it bee approved from heaven by the fire of the Spirit , it must bee so . But Wee hope that every man will pitie this frenzie , and give no credit to it , untill they make it appeare unto Us , when and where God from heaven by the fire of his Spirit did seale and approve this Covenant . The 13. reason is a mad one indeed , for it doth condemne the confession of faith which was first subscribed in 1580. upon which confession they doe solely ground their owne Covenant ; for that confession hath no such oath for reformation of life annexed unto it : The truth is , some thing they would have said against Our Declaration , but they did not well know what : their wits were runne very low , when in an extraordinarie Vow and Covenant with God , they would put in Reformation of life , unto which every man is tied by the ordinary morall precepts , both of Law and Gospel , and by the doctrine of repentance contained in both : For the reason which is in their 14.15 . and 16. Reasons , We leave it for them to find that can , We are perswaded they will lose their labour who seek it . After their Reasons , they conclude with 7. Protestations , which truly need not to be taken notice of ; for being grounded upon so weake and inconsiderable considerations , the Reader is unreasonable , like them , if he should expect a conclusion stronger then the premises . In the preamble to them , take notice onely of their dangerous and fearfull approach unto blasphemy , while they affirm , That the Covenant made by them was sealed from heaven . Their first Protestation is utterly invalid , being Protestatio contra factum ; for it is plaine to the whole World , that the rebellious distractions of that Kingdome proceed from them alone . Their second Protestation is void most evidently upon the same ground ; for they themselves , both by their publique instructions , of which you have heard , and in their private instructions , of which you shall heare , have used many prelimitations in all the particulars against which they protest , but neither We nor any by Our authoritie have used any . The third Protestation begins with a supposition , which they themselves do know to be most false ; for both Archbishops and Bishops had , at the time of this their Protestation , both by the Acts of the Church , and by the Acts of Parliament , a settled office in the Church , and have so still by Parliament , nay and by Assembly too , unlesse they do pitifully begge that which will never be granted them , That their last Assembly at Glasgow was a lawfull Assembly , after Our Authoritie had dissolved it . And as it beginneth with a false supposition , so it endeth with as false and foolish a position and petition ; For it maintaineth , That all these who are to undergoe any tryall at the Assembly , either upon any generall complaint already made , or upon any particular accusation to be given in against them , are to compeere at that Assembly , not to have voice , but as rei : upon which ground , none of themselves could have voice there ; for they were all liable to tryall and censure upon any particular accusation that was to be given in against them : And then their petition is , That the warning given to the Bishops by this Our Proclamation , and this their Protestation , should be a sufficient Citation to them to appeare as rei : That their Protestation should be so ; Wee protest it is so foolish a request , as We are confident no man ever heard of the like before ; nor could they expect that any man , indued with reason , would yeeld unto it : And that our warning of the Bishops by Proclamation to appeare at the Assembly , as We did all the rest of the members of it , should make them appeare as rei , is such a conceit , as We wonder any man could light upon it , unlesse they doe hold , that every one of themselves was to appeare as reus too , for all of them were warned by Our Proclamation to appeare at the Assembly as well as the Bishops . In their fourth Protestation We onely admire their rare and undeniable impudence , who dare affirme , that their Covenant is approved from heaven , with rare and undeniable evidences , when all the Christians in the world ( except themselves and their faction ) who have heard of it , doe acknowledge that no such Covenant or Combination can come from Heaven , but from Hell , from whence cometh all faction and schisme . In their fifth Protestation they doe runne into an act of high treason ; for they appeale from Us and Our Councell , which by an Act of Parliament is made high treason , and which they know themselves was adjudged to be so in the case of the Ministers , who held an Assembly at Aberdene , after it was prorogued by Our royall Father , who being cited to compeere before the Lords of the Councell to answer that high contempt , and compeering , declined the authoritie of Our royall Father and his Councell , and appealed to a Generall Assembly , and were therefore arraigned of high treason upon that Statute before the Lord chiefe Justice of that Kingdome , and after pleading to it by their Advocates , were found by a Jurie or Assize guilty of high treason ; and had received sentence accordingly , if Our royall Father , out of his singular clemencie and gracious respect to their calling , had not reprived them before sentence , and only inflicted upon them perpetuall banishment , which they did undergoe : The Act of Parliament upon which they were arraigned was this . The eighth Parliament current holden at Edinburgh the 22. of May , in the yeere of God 1584. by the right Excellent , right High and Mightie Prince James the Sixt , by the grace of God , King of Scots , and three Estates of this Realme . An Act confirming the Kings Majesties royall power over all Estates and subjects within this Realme . FOrasmuch as some persons being lately called before the Kings Majestie and his secret Councell , to answer upon certaine points to have beene inquired of them , concerning some treasonable , seditious , and contumelious speeches uttered by them in Pulpits , Schooles and otherwaies , to the disdaine and reproach of his Highnesse , his Progenitors , and present Councell ; contemptuously declined the judgement of his Highnesse and his said Councell in that behalfe , to the evill example of others to doe the like if timely remedy be not provided : Therefore our Soveraign Lord , and his three Estates assembled in this present Parliament , ratifieth and approveth , and perpetually confirmeth , the Royall power and authority over all Estates , aswell spirituall as temporall , within this Realme , in the person of the Kings Majestie our Soveraign Lord , his Heires and Successors : And also , statuteth and ordaineth that his Highnesse , his Heires and Successors , by themselves and their Councells , are and in time to come shall be judges competent to all persons his Highnesse subjects , of what estate , degree , function , or condition soever they be of , Spirituall or Temporall , in all matters wherein they or any of them shall be apprehended , summoned , or charged to answer to such things as shall bee inquired of them by our said Soveraigne Lord and his Councell . And that none of them which shall happen to be apprehended , called or summoned to the effect aforesaid , presume to take in hand to decline the judgement of his Highnesse , his Heires and Successors , or their Councell in the premises , under the paine of treason . Their sixth Protestation is nothing but a repetition of that which they have said so oft , even unto tediousnesse : In their seventh and last , they bewray an unexempled boldnesse , in avowing their confidence of Our approbation to the integritie of their hearts , and peaceablenesse of their waies and actions all this time past , when in their owne consciences they doe know , that We doe hold and detest their waies and actions , as most unpeaceable and seditious . And now having taken a short survey of this their Protestation , We doe appeale to any man , who shall compare it with Our Declaration , whether Our gracious Proclamation , against which they protested , did not rather deserve an humble and hearty acknowledgement of Our many graces and favours towards them , with a joyfull and submissive acceptation of them , then first to be traduced to the people before it was made , for a Proclamation tending to the utter ruine and subversion of the Religion and Lawes of that Church and Kingdome ; and then afterward to bee encountred in publique with such an impudent , insolent , seditious , and senslesse Protestation : And lastly , after all this , to be railed at in their Pulpits , and Our people made to beleeve , that that part of it which required subscription to their owne confession of faith , but lately sworne and subscribed unto by themselves , was a device of the Devill , and hatched in Hell , as shall appeare by that which followed . For the next day , being Sunday , all the Pulpits of Edinburgh , nay and many places where there were no Pulpits ( for they heard Sermons in many Halls , and other profane and common places ) did ring with bitter invectives and declamations against this Our gracious Declaration , especially against that part of it which they conceived would be most satisfactorie to Our people , and prove a speciall Antidote for expelling that poyson which they had made them swallow , concerning Our declining from the Reformed Religion , and inclining to Poperie , viz. the subscription to their own confession of faith now commanded by Us : For , they branded it so with most hideous and horrible names of the very depth and policie of Sathan , that the common people , who were well perswaded of the pietie of their Preachers , could not chuse but imagine that there was some wickednesse in it , which their Preachers could and did dive into though they did not . One Preacher in his Sermon prayed God to scatter them in Israel , and to divide them in Jacob who were the authors of this scattering and divisive counsell . Another Preacher in his Pulpit told his people , that the urging of this subscription , was an Italian and a devillish device , first to make them renounce God , and perjure themselves , and then afterward there was an intention to destroy their bodies ; and so that this subscription imported no lesse then the destruction both of their bodies and soules . These and many more such false feares suggested , first from two of the Preachers of Edinburgh , and from them transmitted to their fellows throughout the Kingdome , did worke so strongly with Our good but simple and seduced people , as that they were wrought unto a perswasion , that this subscription to their owne confession of faith , commanded by Us , for removing that false opinion which their Leaders had put into their heads of Our inclination to Poperie , was of a farre deeper reach , and of more dangerous consequence , then if We had been inclined to Poperie indeed ; still adding , That if they did subscribe it now by Our authoritie , it could receive no acceptation at Gods hands , God rejecting any service done to him by constraint ( it being very familiar with them at these times to terme obedience to authoritie constraint ) but when they subscribed it voluntarily , or by the perswasion of their Leaders , then it was acceptable to God ; and , if they durst have used such a Popish word , no question they would have added , Meritorious : And thus you see , with what undutifulnesse Our gracious Declaration was entertained . Yet it was not so received by all : For first , all the Lords of Our Councell ( amongst whom were some , who never seemed to be satisfied before ) were so fully satisfied , and so much overjoyed with this Our gracious Declaration , that they did condemne and utterly detest this odious Protestation of the Covenanters ; whereupon Our Councels Letter of thankes and proffer of service was sent Us , as was before declared . Next , the greatest part of the Ministers of that Our Kingdome did rest satisfied with it ; as shall be made evident if it come to tryall : But this is most certaine , that the Ministers assembled at Edinburgh that morning at the Gray-Friers Church by the name of the fourth Table , or Table of the Ministers ordinarily resident at Edinburgh all this time , for attendance upon the businesse of the Covenant , being sent unto by the other Tables , and desired by them to send some of their number up to the great Committee of all the Tables , to joyne with them in a Protestation which was to be made that afternoone against Our Declaration , which then they expected would be proclaimed ; the Ministers returned this answer by their whole voices ( not above two or three at the most dissenting ) That they would not agree to any Protestation which should be made against Our gracious Declaration , unlesse it should be sent downe unto them , that it might be throughly advised upon ; especially considering that they had heard so much of the contents of that Our Declaration , importing the removing of their grievances which occasioned their Covenant , that they could not conceive the necessitie of any Protestation . Which answer being returned to the other Tables , did so trouble them , that they sent a second message to them , intreating them presently to come up to Saint Gyles Church , and to sit there , that so being in a place of a neere distance from their great Committee , they might the more easily consult with them . Thither they came , and stayed a great while , but heard nothing from the Committee , who it seemes were much distracted and puzzled about the penning of their Protestation , and had certaine Ministers with them ( especially Rollock ) at that consultation , who were not deputed by the Table of Ministers to be present at it ; and having stayed in that Church untill neere one of the clocke in the afternoone , dissolved themselves , took their leaves one of another , and resolved not to meet untill the next weeke , many of them going home presently towards their owne countrey Churches , where they were to preach the next day , being Sunday ; and at their parting they deputed none to joine with the Committee from the other Tables , either to consult about , or to assist at any Protestation which should be made against this Our gracious Declaration : And all this was averred by divers Ministers then present , before divers of the Lords of Our Councell , and other persons of speciall ranke and qualitie , who likewise would have averred it before the last pretended Generall Assembly , if they durst have done it without running the hazzard of their fortunes , if not their lives : And yet in that afternoone about three of the clocke , Rollock , in the name of the Ministers , did upon a Scaffold joine with the deputies from the three other Tables , in that wicked Protestation , without deputation ( as is presumed ) from the Table of Ministers , unlesse perhaps he called some few stragling Ministers about the town , of whom it may be he asked the question . Besides , many thousands of Our subjects Covenanters were fully satisfied with Our Declaration , though they durst not , as many of them have professed , subscribe this confession of faith urged by Us , for feare of being troubled by the major part . And it is knowne , that wheresoever Our Declaration was published , before that the Covenanters from their Tables sent their emissaries to disswade the acknowledgment of it , and copies of their Protestations against it , it was received with all expressions of joy and thankfull acknowledgment ; insomuch that when it was proclaimed at the market Crosse at Glasgow , it was assisted with all these expressions , both by the Magistrates and all the inhabitants , by the Principall , the Regents and Professors , by all the Ministers of that Citie , though Covenanters , who out of the great sense of the many obligations and favours , which We had laid upon that whole Kingdome , by this Our gracious Declaration , directed their severall letters of thankes and acknowledgement to Our Commissioner , which are here exhibited . The Letter of the Provost , Bailiffes , and the Councell of Glasgow . Most Honourable and our very good Lord , HAving received a letter directed from your Grace to us with this bearer your Graces Cousin , and having read the same , and heard and weighed his Majesties gracious Proclamation , which was this day proclaimed within this Citie , to the great joy of all the hearers ; Wee cannot but praise God , who hath endued his sacred Majestie our dread Soveraigne , with such wisedome , pietie , clemencie , and fatherly care of this Church and Kingdome ; and pray God for a long and happie Raigne to his sacred Majestie , and his Highnesse posterity over us and succeeding generations ; And shall ever indevour to approve our selves his Majesties most loyall subjects ; And wish from our hearts all happinesse to your Grace , and your Graces most noble family , for the wel-wishing to this Citie ; and especially for the great paines taken by your Grace in this so weighty an imploiment , hoping & praying to God that the same may obtain the wished for accomplishment , and shall ever remaine , Glasgow this 24. of Septemb. 1638. Yours Graces most humble and obedient servants , James Stewart Provost . John Anderson Bailiffe . Colme Campbell Bailiffe . Ninian Anderson Bailiffe . Gabriel Cuningham . William Stewart . Patrick Bell. Matthew Hammilton . Colme Campbell . John Barnes . Richard Allane . Walter Stirling . Gavine Nesbit . John Anderson . Robert Horner . The Letter of the Ministers . Most honourable and our very good Lord , HAving received the Letter directed from your Grace , and having heard and considered his Majesties most gracious Proclamation published this day in this Citie , with joyfull acclamations universally of the hearers , as we of the Ministery and University of Glasgow , who were present , with great contentment and joy of heart applauded thereto ; and doe praise God who hath inspired our dread Soveraigne with such wisedome , pietie , clemencie , and fatherly care of the Church and Common-wealth of this Kingdome , as is abundantly manifested in the said Proclamation ; So we would gladly testifie , by what meanes we can , our thankfulnesse to his Majestie , our Crowne of rejoycing , and the breath of our nostrils ; not omitting our bound duty to your Grace , whom God and his Majestie hath appointed so fit and happy an instrument in this great errand , for your singular prudence , rare pietie , and zeale to God , your Prince , and Countrie , and incredible paines in this honourable and weighty employment , which we pray God may still prosper in your hands , untill it be brought to a full and blessed conclusion , being willing for our part to contribute what lyeth in our poore power by our earnest prayers and best endevours . Glasgow Sept. 24. 1638. Your Graces humble and most observant servants , M. Ro. Wilkie . J. Maxwell . M. Bell younger . M. Ga. Forsythe . M. Blair . John Strang. John. Will. Wilkie . Pa. Maxwell . NOw , besides these , in many places of the Kingdome whither they sent their Protestation to be read , it was refused by divers , who had subscribed their owne Covenant . The Assembly being indicted , the Covenanters did now goe about to effect all which they had plotted and designed concerning the election of the Commissioners to it , That all , and none but they , might be chosen whom they had resolved upon , and were of the most rigid ranke , whom they were sure would receive no satisfaction , and keep all others ( so farre as in them lay ) from accepting of any : Their device was this ; They perceived that most of the Ministers throughout the Kingdome would gladly embrace peace , if they might see their consciences satisfied in these feares and doubts , upon which they entred into the late Covenant . The Leaders resolved not to trust any such moderate men , considering that all their scruples were removed by Our last Declaration , and the indiction of a free generall Assembly ; and therefore they took order by their secret instructions , that none of them should be chosen , though they were Covenanters : For Ministers non-Covenanters , they took order , that if in any place by pluralitie of voices such a one should bee chosen , then hee should be processed and protested against , ( which no man could avoid ) and so he should be sure to be set by at the Assembly , and cast from having any voice there . And whereas they might feare , that the rigid Ministers , designed by them for this Assembly , might want a sufficient number of their fellow-Ministers for their elections in their severall Presbyteries , they tooke an order , That not onely for this time , but for all times to come , there should bee no Minister chosen Commissioner from any Presbyterie to any Assembly , but such as the Laitie should make choice of : For they presently gave order from their Tables , That every particular Parish should send to the Presbyterie in their bounds one Lay-man , whom they called a Ruling Elder , who by their appointment should have voice in the Presbytery as wel as the Minister of the Parish ; so that when the whole Presbyterie was assembled together , the number of the Lay-men was at the least equall to the number of the Ministers ; By which new device , the Laitie gained of the Ministers undoubtedly these foure things : First , That never any Minister should bee chosen Commissioner to the Assembly , but whom they would ; for they being equall in number in voices with the Ministers , and sixe of the Ministers being to be put in the List , and to stand in election , out of which sixe three must be chosen , and all these sixe must be removed in the time of the election , and have no voices themselves in it , it is clear , that the number of the Lay voices in these elections must needs exceed the number of the Ministers voices at least by sixe : Or , if in some Presbyteries ( as We heare was done in some few ) these sixe Ministers before their removing gave voices to whom they pleased , yet ( no man being able to give a voice to himselfe ) of necessitie the number of the Lay voices must exceed the number of the Ministers by one . Secondly , the Laitie gained this , That in all other Presbyteriall meetings , which are weekly , the Ministers should never have a casting voice , to determine any thing but what they liked ; the Lay-men being alwaies at the least equal to them in number . Thirdly , this they gained , That whatsoever should be concluded in a generall Assembly , should ever be concluded likewise in a Parliament , if Our negative voice did not stop it : ( and Wee heare that they have not spared to give out , that they will take from Us and Our Successors , that which all Our Predecessours have enjoyed , that is , a negative voice in Parliament , as they have done in Assemblies , for as much as lies in them : ) For by their instructions they ordered , That where any Nobleman lived in any Presbyterie , hee should bee chosen lay-Elder there for the Assembly ; and all Noblemen are hereditarie members of the Parliament : and where there wanted a Nobleman , they should chuse some speciall Gentleman , who in all probabilitie standeth faire for being chosen one of the Commissioners of the Shire for the Parliament ; which made the Covenanters stand so importunately for that point , viz. to have the Assembly held before the Parliament , as making just accompt , that all the lay voices in the Assembly were engaged to give their voices to the same conclusions , when they should sit in Parliament ; and so , that the Parliament , for it Acts , should depend upon the generall Assembly , and the generall Assembly ( for the Acts passed there ) should depend upon them ; but neither the one nor the other depend upon Us. Fourthly , the Laitie gained this , That they exempted themselves for ever hereafter from all fears of the power of the Clergie : for they being resolved ( so farre as in them lay ) to overthrow Episcopall government , and yet fearing by so doing to be brought againe under the tyrannie of Presbyteriall government , of which they had heard their fathers so grievously complaine , they pitched upon this way of equall number of lay-Elders in every Presbyterie , being assured thereby to curb their Ministers , most of whom had their stipends and rents paid by these lay-Patrons ; and so now the Laitie made accompt , that if in their elections to this Assembly they could compasse these conclusions and resolutions , they had brought the Church and Churchmen under for ever . These conclusions , though effected by the Laitie with violence , yet received great resistance by many Ministers in most Presbyteries , and in some by all : For when these Lay Elders came to sit with them , they either refused to admit them , or desired time to deliberate , how they ( who being Covenanters , and had complained of Innovations ) could admit of such innovations as those which seemed to threaten the ruine of the Libertie of the Church , for these Reasons : First , because , that above these fortie yeares no Lay Elder had sat in their Presbyteries , and therefore it was a great Innovation : Secondly , because at the beginning of the Reformation , when there was a kinde of necessitie to require the assistance of Lay-men for the government of the Church , ( Ministers being then so few and scant , ) yet it was provided that they should ever be fewer in number then the Ministers , and that therefore this obtruding of themselves in equall number , was not onely an Innovation , but directly against the book of discipline , upon which they did so much ground their proceedings : Thirdly , that it was a thing never ●eard nor practised before in that Church , that Lay-men had voices in the chusing of the Ministers Commissioners for the Assemblie , and therefore if they would chuse , they desired them to chuse their own Lay Commissioner , but for the Ministers Commissoners to leave it to themselves , who were better able to discerne of their Ministers abilities since they were weekly conversant with them , then they whom they had never seene in their Presbyterie before . But all this opposition and arguing was fruitlesse : For the Lay Elders , according to their secret instructions from the Covenanters Tables , which afterward shall be related , would not remove , but put themselves in possession of suffrage , and so these Ministers , and none but they , were chosen in each Presbyterie whom the Tables at Edinburgh had designed : A thing so odious and distastfull to the Ministers , that in some Presbyteries , the Ministers ( chosen Commissioners ) had but eight Ministers voices , and the voices of two and twentie Lay-men , in others not above two Ministers voices , in some but one ; but in all Presbyteries the Ministers Commissioners were elected by the pluralitie of Layvoices . Some of these Ministers , though Covenanters , seeing the libertie of the Church by this meanes utterly lost and betraied , did repaire to the two Covenanting Ministers of Edinburgh , to whom they bemoaned themselves , wondring that they would give way to the utter defacing of the Church by these Laick intrusions ; to whom they gave this answer , That they grieved for it as much as themselves , but that the necessitie of the times was such , that they must wink at it , else the Nobilitie , Gentrie , and Burrowes did threaten them with a desertion , upon which a division must follow , which by their Oath and Covenant they were bound by all meanes to prevent . But the aggrieved Ministers were not satisfied with such cold , comfortlesse , and unconscionable answers , but resolved in many Presbyteries to draw up their Protestations against the Lay Elders to the Assemblie ; yet they were so threatned by the Laitie , that most of them fell back and durst not adventure upon it , though others both Covenanters & Non-covenanters had the courage to do it , but with what successe shall be declared when We come to speak of the Assemblie it selfe . Yet this We will confidently averre , That when Our Commissioner came last from that Our Kingdome , three parts of foure of all the Covenanting Ministers did detest the elections made by lay Elders , and would have declared the nullitie of all such elections if they durst have done it ; and that these Ministers , ( unlesse they have changed their minds since ) had rather live under Episcopall government , then under the tyrannie of the Laitie and a few Ministers , from whom they have suffered more in a few moneths , then ever they did under all the Bishops in the Kingdome , since Our comming to the Crowne : all which verie many of them have affirmed , both for themselves and others , to Our Commissioner , divers of Our Councell , and others of good credit and qualitie , whom We dare and do trust . But the elections being now past according as they had plotted them , or in good forwardnesse so to bee where they were not yet past , the Covenanters next care was , how to hinder the subscription of the confession of Faith commanded by Us , they conceiving it their master-piece to stop any thing ( though never so well liked by themselves ) if it were commanded by Our authoritie ; as fearing , that if We had obedience given to Us in any one thing , Our people might recover the taste of government : And hearing that Our Commissioner was to repaire to the Colledge of Justice , there to tender to the Lords of Our Session , who are the supreme Judges of Our Lawes in that Kingdome , the confession of Faith and band annexed , to be sworne by Our authoritie , that very morning they set up Rollock to preach , ( though it was not his ordinarie course ) where many of Our Judges were present before they went to sit : There hee with many false and foolish impertinences did so labour to perswade them , that the swearing of that confession was unlawfull and plaine perjurie , that hee shewed himselfe a ridiculous and most dishonest man to most that were present , & a weak man to all ; and so little he prevailed , that immediately after Sermon , the Judges repairing to their usuall place of sitting , whither Our Commissioner came presently and tendered them the said confession , all of them , except foure who were knowne to be of the false stamp , did sweare to it and subscribe it , the number of the Judges in all being twenty . And here We desire the Reader to observe , whether these men shall not be accounted a faction , and not a bodie of a Kingdome , when they shall separate themselves from Us ; who are their Soveraigne , from the bodie of Our Councell , who have the supreme government of the Kingdome under Us , and from the bodie of Our Judges , who are the Interpreters of Our Lawes , and under Us the supreme Judges of all their estates and fortunes , these two Judicatories , together with Our Judges in criminall causes , being under Us , by the Lawes , constituted the onely Judges of all their actions : For if these Covenanters shall ascribe unto themselves the government , because they are more in number then those who disassent from them , then certainly in all Kingdomes and Republiques , the established government must goe downe ; for in them all , they who are ruled and governed are farre more then the Rulers and Governours . They then seeing that their fierce endeavours were fruitlesse with the Lords of the Session , with all speed dispatched some of their Tables throughout all parts of the Kingdome , to stop the subscription to the confession of faith commanded by Us , with copies of their Protestation to be read in all places , where Our Commissioners should either proclaime Our Declaration , or require subscription to that confession : In many places they prevailed , in many not ; Where they prevailed , they used such indirect and violent courses , as they gained an assent from many mens mouths , whose minds were very farre from it . In Glasgow , after that the Lord Lowdan , with divers others , Noblemen , Gentlemen , and Ministers , sent ( as they pretended ) from the Tables at Edinburgh , had caused to bee read that infamous Libell ( of which you shall heare afterwards ) against the Archbishop of Glasgow in his owne Cathedrall Church , without the knowledge of the Magistrates of that Citie ; the Lord Lowdan desired the Provost of Glasgow to convocate their Towne Councell , that hee might impart some things unto them ; which the Provost refused : But that Lord and his Associates , understanding that their ordinarie Church Session sate that afternoone , at which the Magistrates and Ministers were to be present , came suddenly into the place where they did sit , beyond their expectation , where the Lord Lowdan made a speech of great length , concerning the iniquitie and danger of Our Covenant , adjuring them both by perswasions and threatnings , that they would not subscribe the confession of faith required by Us ; and therefore his demand was , That he might have the assured promises of the Magistrates and Ministers , that they would not subscribe it , that so he might report their answer to the Tables from whence he was sent : To which the Provost presently answered , That his Lordship knew well that Our Commissioner had required from them a subscription to Our Covenant , that they had humbly intreated of his Grace some short time to returne their answer ; and therefore hee wondred that any man should thinke it was fit to answer any who was sent from the Tables , before they had made their answer to Our Commissioner ; and so refusing to give any answer to these Emissaries from the Tables , they went away unsatisfied . The Covenanters , finding that Our commanding of the subscription of the confession of faith ; in many places had given satisfaction , and had indeed confuted that lying scandall of Our inclination to Poperie , and that many of the Covenanters had remitted much of their former rigour , being much taken with Our last gracious Proclamation , the Heads and swayers of the foure Tables , ( as if all their designes were come to the last cast ) cast about once againe , and laboured hard to worke Our people into the beliefe of this one point , That none of these things promised in Our last gracious Proclamation , no not the Assembly it selfe , were ever intended to bee performed by Us ; That Wee onely studied to gaine time , untill Wee were ready for their ruine ; and therefore they gave out , that Our Commissioners late comming from Hammilton to Edinburgh was onely to prorogue the Assembly . They spent daies and nights in penning a Protestation against it , and writing multitudes of copies to be readie in all places of the Kingdome , before the Proclamations of the prorogation should arrive . They sent for all their partie to flocke to Edinburgh , as if now there were greater danger then ever : All which was carried with notable hypocrisie ; for the authors of this report did disperse it , not that they did beleeve it to be true , but because it was conduceable to their ends to have the people beleeve it . But knowing that they who do act long parts , must needs sometimes be out , and that the time of the Assembly beginning to approach , and Our Commissioners provisions and preparations for his journey to Glasgow , were farre stronger proofes to Our people of Our holding the Assembly , then all which they had surmised to the contrarie , they then betooke themselves to their last shift , which was a miserable and wicked one , and it was this : Since they were perswaded that the Assembly indicted by Us would now hold if they could not divert it , they resolved to take such courses , as they conceived Our Commissioner neither could nor would endure ; with which they did conceive they should so irritate him , that he could not chuse but either discharge or prorogue the Assembly . For two things now they feared : First , that they had committed a great errour in petitioning Us for an Assembly , which they conceived was fully in their owne power to indict ; and therefore did begin to thinke , that by that act they had weakned their owne power and claime , and supposed , that it had been more agreeable to their designes , if they had indicted one themselves , being the title which they meant to stand to , as appeareth by their owne indiction of a new Assembly , since the dissolution of this . Secondly , they were affraid of nothing more then this , that Our Commissioners propounding and passing into acts of Assembly , all the particulars of Our grace and favour contained in Our last Proclamation , would abundantly satisfie the greatest part of their owne partie , when they should see the grounds of their feares of innovations in Religion removed , which occasioned them to enter into the late Covenant : But now , if Our Commissioner could be forced any way , either to prorogue or discharge this Assembly indicted by Us , that then they would presently indict one themselves , which they were sure We would not countenance with any Commissioner from Us ; by which meanes they were both secured from having their partie weakned by Our propounding in Assembly Our gracious offers expressed in Our last Declaration , and were certainly perswaded , that they should easily induce Our people to beleeve , that these things promised in that Declaration were never intended by Us. To compasse therefore their desires of Our Commissioners either proroguing or discharging the Assembly , they resolved to increase their disorders to such a height , as they hoped hee would never endure them ; and to multiply so many affronts upon him , and in him upon Us and Our authoritie , as they imagined should be past all sufferance : As first , by their letters directed from their Tables at Edinburgh , they quarrelled with Our Commissioner , that Our Confession and Covenant was commanded to bee subscribed in many parts of the Kingdome by the authoritie of Us and Our Councell , with an unbeseeming violence : The copie of their Letter to Our Commissioner , being then at Hammilton , here followeth . Please your Grace , WEe were glad of the indiction of an Assembly , as the meane to bring our complaints to an end : And as we promised for our part to doe our endevour , that all matters might be carried in a peaceable way , and no man troubled in any sort till that time , so did we certainly expect that no violence or molestation should have beene used against any of those who had subscribed the late Covenant : and yet , far contrarie to our expectation , are brought hither almost every houre grievous complaints from many of the people , in divers parts of the Kingdome , That they are by the threatnings and open violence of some States-men , Councellours , and Barons , constrained to subscribe a Confession of Faith , and Band ; some with blind and doubting minds , and others against their consciences , to the great trouble of their soules , and great disturbance of the peace of the Country , contrarie to such peaceble preparations as should have preceded a perfit pacification at a Generall Assemblie . If we had heard but some complaints of this kind , we would have spared both your Graces paines and our owne , but complaints being multiplied more and more , we could not of duty but make some representation thereof to your Grace , that some course may be taken for present suppressing this so irreligious and unjust manner of doing ; and for preventing the hard consequences that may ensue from people who are thus pressed to subscribe against their minds , and from others who are joyned in Covenant with them ; which , as it is humbly petitioned , so it is confidently expected by Edinb . 3. Oct. 1638. Your Graces humble servants , Cassills . Lothean . Lindsay . Lowdoune . Balmerino . Johnstoun . Burgly . THe complaint contained in this Letter did afterward prove to bee most unjust ; and yet it was dispersed through the Kingdome with horrible and most false aggravations , viz. That some of Our Councell with charged Pistolls and drawne Daggers held to the breasts of Our subjects , had forced them to subscribe Our Covenant : To this their Letter Our Commissioner returned an answer , though not to their Table , because hee would not acknowledge it , yet to that Nobleman , whose hand was first at it : The copie of which answer is this . My very good Lord , I Have received from your Lordsh : and other Noblemen a Letter , containing a complaint against the violence offered to divers of his Majesties subjects , by States-men , Councellours , and others ; and that complaint aggravated by your promising and undertaking , for your selfe and all your adherents , that no man should be troubled till the Generall Assembly ; and your just expectation that the same course should have beene held on the other side by us . For the former , I know not what States-men , Noblemen or Barons , your Lordsh : meanes ▪ for naming none , I know not to whom I shall take my selfe ; nor doe I know what violence and threatnings you mean : If you meane his Majesties Commissioners appointed by the King , they requiring his subjects to subscribe the old Confession and Covenant , by his authoritie now renewed , and remonstrating unto them the danger they incurre by law in not obeying his Majesties commandement , I hope that cannot bee called violence but duty , the omission whereof , must needs bee a violation of , and violence offered to his Majesties sacred authority : If other violences and threatnings they have used , as your Lordsh : seemeth to intimate ( for their obedience to his Majesties just authority , I am sure , your Lordsh : will not call violence ) they must answer for it , and shall whensoever your Lordsh : shall make known the delinquents . But alas my Lords , Tell me now in good earnest whether you have heard they have used such violence in perswading this Covenant , as hath beene used by your adherents in inforcing of yours ? hath the bloud of Gods servants , his holy Ministers , been shed , which bloud I am affraid keepeth the vengeance of God still hanging over this Land ? have men beene beaten , turned out of their livings and maintenance , reviled and excommunicated in the Pulpits , and a thousand more outrages acted upon them , for not subscribing this Covenant ? have none who have subscribed your Covenant , done it with blind and doubting minds ? If they have , I beseech your Lordsh : not to call his Majesties Councellours legall proceedings , irreligious and unjust , untill you have proved the piety and justice of the proceedings of your owne adherents . For the other , of your undertaking and promising for your parts , that no man should be troubled till the Assembly , and expecting the like from us , truly I am glad I have it under your Lordsh : hands ; for I think there are few houres of any one day , since the indicting of the Assemblie , that from all parts of this Kingdome , I am not vexed with complaints of new processing of Ministers , new with-holding of Ministers stipends unprocessed , heavie complaints of Ministers of your owne Covenant , that they are threatned , and that sharply and bitterly , for their declaring of their griefe , in being barred of their freedome in the election of their owne Commissioners to the Generall Assembly , and being borne down by the multitude of Lay voyces , and menaced because of their protesting against the same . The complaints of Ministers Non-Covenanters and Lay-Elders Non-Covenanters , chosen by their Sessions to assist at the election of the Commissioners from the Presbyteries , but turned backe , for not having subscribed your Covenant , and reviled with bitter words , for being so pert as to come thither ; is this the performance of promising , that no man shall bee troubled till the Assembly ? These are , indeed , preparations verie unfit to precede this Assembly , they being so unpeaceable and like to take up much time , in discussing at that great Meeting the illegality of these elections . My Lord , the truth is , I shall be as carefull to see any wrong offered by his Majesties Commissioners ( in urging his Majesties authority ) punished , when I shall know the offences and the offenders , as I am heartily grieved at the proceedings of your Associats : Here I am sure , his Majesties Commissioners have been rather backward then forward , but so have not your Lordsh : adherents been ; for they have in verie many places proclaimed your Protestation , where his Majesties Declaration hath not been proclaimed . I hope your Lordsh : will pardon my unusuall prolixitie ; for I confesse I am much troubled to see his Majesties good subjects led into such misconstructions of his pious and religious intentions towards them . This my Letter , I pray your Lordsh : to communicate to the other Noble Lords , who subscribed that to me . To your selfe and them , I pray your Lordsh : commend the true respects of Your Lordsh. For the Earle of Cassills . THis Letter it seemes gave them no satisfaction , for they still continued their reports : Besides , they had the boldnesse by another Letter from the same Table , sent likewise to Our Commissioner , being then at Hammilton , to expostulate with him , that one of Our Ships at sea had searched a Scottish Merchants Ship for Ammunition , when as they themselves before had searched a Merchants Ship for some Ammunition , which We had sent for Scotland , and would have seized upon it , if they had not been prevented ; and immediately after , a little English Vessell carrying Beere to some part of that Kingdome , was likewise stayed and searched by them . In the same Letter they quarrell with Our Commissioner , for hindering the bringing of Horses from England thither , which is unlawfull for any one to doe , without a speciall licence from the Master of Our Horse : The copie of their Letter , filled with their ordinarie pretences of Religion , and Our Commissioners Answer unto it , be these . Please your Grace , AFter your parting from us , we had knowledge from John Wilson Skipper , and sundry of his Passengers newly arrived , That being at Sea on his way from Holland hither , one of his Majesties small ships of eight Peeces , came aboard and searched him for Armes and Ammunition , declaring they did the same by his Majesties Warrant . We doe not so much value the hazzard of any prejudice , as we are heartily grieved to find any such note of his Majesties displeasure , differencing us from his other subjects , when our own hearts and the Lord that searcheth them doth heare witnesse of our loyaltie and affection to his Majestie , especially to have found it now when we are made so secure , both by the hopes of obteyning from his Majesties favour , by your mediation , these ordinary and publike remedies that can fully settle this Church and State , and by assurance from your Grace we should finde no such hard dealing , during the time of your imployment amongst the subjects here , who trust in your care to prevent speedily the inconvenience of this , as you did in that other late particular anent the arrest of our horses in England . We thinke this advertisment sufficient to your Grace , who is wounded through our sides if wee suffer any thing in this time , being so farre interessed to vindicate us from such prejudice , who doe acknowledge our selves to be Edinb . the 28. Septemb. 1638. Your Graces humble servants , Rothees , Montrose , Home , Weymse , Lindesay , Boyd , Londone , Balmerino , Dalhousie , Forrester , Elcho , Craustoune , Baltarres , Burghly , Lothiane . My Lord , I Have received a Letter this day signed by your Lordsh : and sundry other Noblemen , making mention , that one John Wilson Skipper , being on his way from Holland hither , was searched by one of his Majesties small ships . This is no new nor unaccustomed thing ; for commonly the Captains of his Majesties ships during the time of being at sea , doe take notice what the loadings of all such ships are , as they meet with , who trade in the Channell ; it being a prerogative that belongs to his Imperall Crown ▪ I am perswaded that your Lordsh : and the rest of my Lords cannot thinke , but if his Majestie had been desirous to have made stop of importation of Ammunition into this Kingdome this time past , but it would have been an easie matter for him to have effected ; but so little hath he regarded this , as he hath not so much as taken notice of it : And yet it were no strange thing , if his Majestie should give direction to cause examine for what end so great store of Ammunition is imported into this Kingdome , and a little more narrowly to looke into our actions ; when , by I know not whom , there hath been so much notice taken of such Ammunition , as his Majestie hath thought fit to send hither . For notwithstanding that your Lordsh : sayes we are made secure by the hopes of obtaining from his Majestie these remedies that can fully settle this Church and State , yet I may say courses are taken to put feares in his Majesties good subjects minds , by perswading of them that no such thing is intended : This does too too manifestly appeare by the watching and guarding his Majesties Castle , and many other courses ; but of this I will write nothing , my intention being only to returne answer of what is writ to me : And therefore for your Lordsh : satisfaction I shall acquaint his Majestie with the contents of your letters , who will no doubt give such directions therein , as his good subjects will have no just cause of complaint : Whereas you have been pleased to say , that you have been assured by me , that you should receive no such hard dealing , during the time of my imployment ; let mee desire you to consider this aright , and you will find it none ; for neither was that ship stayed from proceeding in their intended voyage , nor any thing taken from them : nor needs your Lordsh : to doubt that his Majestie will doe any thing ( except our owne indiscretion provoke him ) that may make appear to the world that he makes a difference betwixt us of this Nation and his other subjects . Bee confident , my Lord , that my endevours have , and doe tend to no other end , but to the glory of God , the honour of his sacred Majestie , and the preserving from ruine this poore distracted Kingdome ; and that I have and shall labour to prevent all such accidents as may breed the least stop or hinderance of this wished event , which I hope and am confident that your Lordsh. and all those noble Lords who have signed this Letter to me , will take the same to heart ; and then certainly you will not be so easily moved with such light and sleight reports : Nor will your Lordsh : thinke that either you or I can bee wounded by the order and command of so pious , mercifull , and so clement a Prince as is our dread Soveraigne , who hath showne himselfe to be so full of goodnesse , as we must of all men living prove the worst , if we be not thankfull to God , and him for it . This my letter your Lordsh : will be pleased to communicate to the rest who have writ to me , and esteeme of me as Hammilt . 24. Sept. 1638. For the Earle of Rothees . Your Lordships humble servant , Hammiltoun . WIth his answer they were so far from being satisfied , that to answer this affront ( as they did interpret it ) for searching a Ship of that Kingdome at sea , they resolved to put a greater affront upon Us , by increasing their Guards about Our Castle of Edinburgh : In Fyfe , they gave order for a Communion throughout their Churches , at which they made every one to sweare that they should not subscribe Our Confession and Covenant , nor any other but their owne , which they swore againe de novo ; especially to stand to that part of it which concerneth mutuall defence against all persons whomsoever . They gave generall order for the Fast to bee kept on the fourth of November , being Sunday , neglecting the day designed in Our Proclamation , which was the Wednesday following , and the seventh of that Moneth . Our Commissioner seeing these contempts daily to increase , and hearing that they had appointed the Communion to bee celebrated at Edinburgh , sent for the Provost and Magistrates , and inquired of them these particulars : First , whether at their Communion ( which was to be celebrated the two next Sundaies following ) it was intended , that the like oath should bee taken with them , as had been taken in Fyfe : Secondly , whether they intended to keep the Fast-day designed by Us in Our Proclamation , and according as they had lately since been required to doe , by an order sent from Our Councell to them for that purpose : Thirdly , what order they had taken with those , who had the day before reviled and abused Doctor Eliot while he was preaching in the Pulpit . That he had sent for them , because he had found those few Ministers , by whom they were ruled , to bee unreasonable men , and despisers of Authoritie . To the last , they promised that they would make a discoverie of the offenders , and see them punished ; which they never did : For the first , they thought it most unreasonable that any oath should be ministred as it was in Fyfe : For the second , they thought it most reasonable that Our Fast-day should be kept but before they could give a full answer , they must first conferre with their Ministers ; at their meeting with whom , they found that the Ministers had intended that barbarous oath at the Communion , and not to keep Our Fast-day more then other Churches in the countrie had done : yet the Magistrates did with much perswasions over-rule them in both . Our Commissioner did resolve with great solemnitie , attended with all Our Councell and Judges , to keep that Fast in the great Church of Edinburgh , on the day appointed by Us , and gave notice thereof to the Magistrates ; who returned him thanks , and assurance of welcome ; But understanding that they were resolved to discharge the ordinarie Ministers of that Church , from preaching there that day , onely because they were Non-covenanters , and had appointed their places to be supplied with the two onely Covenanting Ministers of their Towne , he sent for the Magistrates againe , telling them , That he could not come to their Church , and countenance so great a disorder as the displacing of the two Preachers of that Church , onely because they were faithfull subjects to Us ; nor durst heare these two Preachers designed by them , who in their Pulpits did ordinarily inveigh against Us and Our authoritie : Unlesse therefore hee might either nominate the Preachers , or heare the ordinarie Preachers of that Church , he must not come thither . The Magistrates did what they could to perswade with their Ministers ; the one of them was contented with Our Commissioners desire , but the other was so obstinate , as he would no way hearken to it ; and him ( being so powerfull with the people ) the Magistrates durst not offend : and so Our Commissioner , with Our Councell and Judges , were necessitated to keep Our Fast at another Church hard by Our Palace . Now Wee desire the Reader to observe , how the Heads of the Covenanters were affraid that any shew of obedience should bee yeelded unto Us by Our people in the least point , they having ordered , that in most places of the Kingdome , the day designed by Us for the Fast should not be observed ; certainly , onely because it was commanded by Us , as being unwilling that Wee , ( whom they had given out to Our people for an Innovator in Religion , and an Introducer of Poperie ) should be thought by them to have any care of so religious an exercise as a solemne Fast ; And how that in Edinburgh , though the Magistrates by their earnest intreatie had procured the observation of it , yet they could not obtaine it without putting a speciall affront upon authoritie , by displacing of those Ministers who had continued in loyaltie and obedience to Us. But these were nothing to their other violences , whereby they would have Our Commissioner take notice that it was impossible their proceedings at the Assemblie should bee pleasing unto Us : For not onely in many of their Pulpits did they preach , That whosoever subscribed Our Covenant , were perjured and villaines , but when some affirmed the contrarie , and reproved the Preachers for such furious speeches after their Sermon was ended , they were cited before their Presbyteries for so doing , and threatned with excommunication : Nay , more then so , there were few Ministers of the Kingdome , not subscribers of their Covenant , whom they did not presently processe and cite before their severall Presbyteries ; and notwithstanding their Appeales to the Generall Assemblie then approaching , yet they would not shew so much patience , but proceeded to present most illegall , and unwarrantable suspending of them , and other censures , as best pleased them ; which being complained of to Our Commissioner and Councell , could finde no redresse , although they sent many times to the Covenanters , requiring them to forbeare all such unjust proceedings , and to referre the triall of these oppressed Ministers causes to the Generall Assemblie , which was now at hand . None were so insolent as the Presbyterie of Edinburgh ; for they presently put verie many of their Ministers under processe : They begun with one Master David Michell Minister of Edinburgh ; Our Commissioner wrote earnestly to that Presbyterie , to forbeare proceeding against him untill the Assemblie , to the which hee had appealed , and where his cause might have a full and faire triall ; which they not only most unjustly rejected , but were so unmannerly , as they did not vouchsafe to answer his Letter , either by message or otherwise : The next Presbyterie day he wrote to them againe to the same purpose , but with the like successe ; for they proceeded without taking notice of his Letter , or returning any answer to it , although in that second Letter he had desired them , either to delay their proceedings that day , or else to send one or more of their number to him , ( being then hard by at Our Palace at Holy-rood-house ) who might shew him some reason why they could not stay so long as untill the Assemblie , which was now so neere approaching . Our Commissioner wondring at this contempt , by the advice of some of the principall Lords of Our Councell , sent for an Officer of Our Councell , and directed him to them with an ordinarie warrant drawne up in an ordinarie forme by the Clerk of Our Councell , requiring them in Our name , under paine of Our high displeasure , and as they would answer the contrarie at their utmost perill , to desist from any further proceeding in that cause untill the Generall Assemblie ; to which the Defendant had appealed , and which was to begin within foureteene dayes : This warrant was delivered unto them by the Officer of Our Councell , in whose audience it was read , and when hee required an answer to it , hee received none , but in highest contempt of Our Crowne , Dignitie , and Royall commandement , and against all rules of Justice ( the Appellants appeale to the superiour Court of a Generall Assemblie , legally depending ) for doctrines preached by him foure yeare since at least , and the witnesses being all Lay-men , who ( besides their no extraordinarie memorie for such a time as was laid ) were men of such meane and ordinary understanding , as that it was improbable , if not impossible , that they should understand the doctrines wherewith he was charged ; and some of them being uncontroverted , and such as are generally received by all Protestant Churches in the world ; they presently suspended him , and discharged him from the place of his Ministerie ; and afterward , to make their contempt the greater , sent downe three of their number to tell Our Commissioner that they had done so , who offered to shew him reasons for their so doing : But Our Commissioner told them , That since they were not pleased to shew him their reasons before their sentence as he required , hee would not heare their reasons after their sentence as they desired . But to let passe this and many more their such unjust proceedings , against those Ministers which continued in Our obedience , in all places of the Kingdome , even when the Assemblie was readie to begin , notwithstanding these Ministers legall appeales thereunto , We shall desire the Reader to observe their proceedings in one processe , which We are confident was framed and pursued with such malice , injustice , falshood , and scandall , not onely to the reformed Religion in particular , but to the Christian Religion in generall , as it cannot be paralleled by any president of injustice in precedent ages , nor ( We hope ) shall ever be followed in future , and which if it were known amongst Turks , Pagans , or Infidels , would make them abhorre the Christian Religion , if they did think it would either countenance or could consist with such abominable impietie and injustice . It is their processe against all and everie one of the Archbishops and Bishops of that Kingdome : The Covenanters did indeed first desire Our Commissioner , in his owne name and as hee was Our Commissioner , to grant out processe against the Archbishops and Bishops , and thereby to cyte them to appeare as rei , or guiltie persons : To whom he returned this faire answer , That he did not hold it fit to cyte them as guiltie , of whose guiltinesse hee had no presumptions ; and besides that he would be loath to do an act which should void , according to their grounds , both the Prelats places and voices in the Assemblie , they having laid it downe for a rule ( though it were a false one ) that parties cyted can have no suffrage there ; yet if either by the Law or practice of that Kingdome , the Kings Commissioner or Commissioners did use to grant out any such processe , hee would not refuse it , being resolved to concurre with them in any course of Justice : but he hoped that they would not make Us his master , or himselfe do any act prejudiciall to the Bishops , their place and government , before they were heard , and that in the meane time for their satisfaction he would advise with some of Our Judges and Our Advocate , whether any such processe was awardable , or had usually beene awarded by Our Royall Fathers Commissioners to the Generall Assemblie , and according to their advice hee would doe that which should bee agreeable to Justice . From this answer of Our Commissioner , they expected no satisfaction to their desire ; for they themselves did know as well as any Judge or Advocate in the Kingdome , that no Commissioner either could award or ever had awarded any such processe as they required : And therefore they moved Our Commissioner once againe , that he would require Our Judges or Lords of Our Session , to grant out such processe ; with which request , when Our Commissioner made Our Judges acquainted , they returned him that answer which the Covenanters knew verie well they could not chuse but make , viz. That they could grant out no processe for the compeerance of any persons before them , but those who were impleaded , and whose causes were triable before them . The truth is , Our Commissioner found by inquirie , and the Covenanters knew it perfectly well , that the ordinarie way of processe or cytation to a Generall Assemblie was to passe it under the hand of the Clerk of the Assemblie , whose office is during life , if he be not legally removed , & usually too under the hand of him who was Moderator at the last Generall Assemblie ; both which were then living and are so still : the name of the Clerk of the Assemblie being Master James Sandelands , an Advocate and Commissarie of Aberdene , and the Moderator of the last Assemblie , being the now Archbishop of Saint Andrewes : But they who had all this while gone on in disorderly , illegall , and unjustifiable wayes , belike thought it an incongruitie to keep the beaten path and tract of justice in any thing , and therefore they fell and resolved upon a way so unlike Justice , so repugnant to Religion and common honestie , as one would wonder how they hit upon it , having neither Law nor practise for it , which was this , They caused to be drawn up a most false , odious , and scandalous Libell against the Archbishops and Bishops , with a Petition annexed , to the Presbyterie of Edinburgh , wherein they desired the Libell to bee admitted by them ; the copie whereof , as it was exhibited by them to the said Presbyterie , and afterward publikely read in all the Pulpits thereof , here followeth ; which out of Our love to the Christian Religion We wish might never come to the notice of any Pagan , and out of Our love to the Religion reformed , We wish might never come to the notice of any Papist : But it cannot be concealed . The Bill , or the complaint , of the Noblemen , Barons , Burgesses , Ministers , and Commons , Covenanters , ( which were not Commissionaries to the Assembly ) against the pretended Archbishops and Bishops within this kingdome , as it was presented to the Presbyterie of Edinburgh ; with an Act of reference of the Bill , from the Presbyterie to the next Generall Assembly , as it was fully read on the Lords day before noone in all the Churches within the Presbyterie of Edinburgh , according to the Act. Noblemen . Unto your wisedomes humbly shewes and complaines , We John Earle of Sutherland , John Earle of Athol , William Earle of Dalhousie , Mungo Vicount of Stormouth , Hugh Lord Montgomerie , David Lord Elcho , George Lord Forrester , Arthur Lord Forbesse , John Master of Berridale , Robert Lord Boyd , David Lord Balcarras , John Lord Melvill . Barons and Gentlemen . Craggemillar , Lugtoun , Buchanan , Young , Dury , Balgonny , Balbirny , Master William Hammilton , Thomas Cragge of Ricarton , John Cowper of Gogar , John Hammilton of Boghall , David Inglis of Ingliston , John Dundas of Newliston , Sir William Cockburne of Langton , Patrick Cockburne of Clerkinton , John Leslie of Newton , Colonel Alexander Leslie , David Barclay of Onwerme , Sir Michael Arnot of Arnot , Sir Michael Balfoure of Deanemill , John Aiton of Aiton , David Beaton of Balfoure , John Lundie of Lundie , Walter Murray of Liviston , Sir John Preston of Ardrie , Walter Cornwall of Bonhard , William Scot of Ardrosse , Robert Forbosse of Ricesse , Sir Andrew Murray of Balvarde , George Dundasse of Dudistone , Sir William Murray of Blebo , Master Robert Preston , William Dicksone . Ministers . Master William Scot Minister at Cowper , Master George Hammiltoun at Nuburne , Master Walter Grog at Balmerino , Master Iohn Machgil Parson of Fliske , Master Andrew Blackhat at Aberlady . Burgesses and Commons . George Bruce of Carnock , George Potterfield a Burgesse of Glasgow , John Smith , John Mill , Lawrence Henryson , Richard Maxwell , Burgesses of Edinburgh . WE , for our selves , and in name and behalfe of the rest of the Noblemen , Barons , Gentlemen , Burgesses , Ministers , and Commons within this Realme of Scotland , subscribers of the Covenant , who are not chosen Commissioners to the Generall Assemblie , but ) who will assist and insist in this complaint with us , as faithfull Christians , as loyall subjects , and sensible members of this Church and Common-weale , having interest to pursue this popular action , in a speciall manner and an eminent degree , by which pursuit God may bee glorified , Christs Kingdome advanced , that the Church may bee restored to her priviledges and liberties , and freed from manifold scandals , from the corrupters of Doctrine with Poperie and Arminianisme , of the Sacraments with Superstition and Wil-worship , and of the Discipline with tyrannie , and from the overthrowers of the peace of this Church and Kingdome by their usurpations and lies , their violent humours , and falshood for their owne worldly ends , may be tried and censured accordingly , and so this Church and State made free from the present divisions and combustions , and restored to peace and unitie , both with God and amongst themselves , and that his Majesties religious disposition and honour may be cleared to all the world , by the triall and censure of those men who have fraudulently abused his Majesties name and authoritie by their trust and credit with his Majestie : Wee most earnestly make request , That whereas by the Lawes of this Church and Kingdome , and by his Majesties last Proclamation , all his Majesties subjects , whether Ecclesiasticall or Civill , of whatsoever title or degree , if they have exercised an unlimited or unwarrantable power , They are declared and ordained to be liable to the triall and censure of the Generall Assemblie and Parliament , or to any other Judicatorie , according to the nature and qualitie of the offence . And whereas Master David Lyndsey pretended Bishop of Edinburgh , Master Thomas Sydserfe pretended Bishop of Galloway , Master Walter Whitefoord pretended Bishop of Brichen , Master James Wedderburne pretended Bishop of Dumblane , Master James Fairley pretended Bishop of Argyle , Master John Spotswood pretended Archbishop of Saint Andrewes , ( having their residences or dwelling places within the bounds of this Presbyterie of Edinburgh , ) Master Patrick Lyndsey pretended Archbishop of Glasgow , Master Alexander Lyndsey pretended Bishop of Dunkell , Master Adam Bannatine pretended Bishop of Aberdene , Master John Gutherie pretended Bishop of Murray , Master John Maxwel pretended Bishop of Rosse , Master George Greme pretended Bishop of Orkney , Master Iohn Abernethie pretended Bishop of Caithnesse , Master Neil Campbel pretended Bishop of the Isles , should be tried and censured for their unlimited and unwarranted power . For whereas it was provided in the Cautions agreed upon in the Generall Assemblie holden at Mountrose , Anno 1600. for bounding of the Ministers votes in Parliament , and concluded to bee inserted in the bodie of the act of Parliament , for confirmation of this vote as a most necessarie and substantiall point of the same , which was never yet repealed by a lawfull Assemblie , That the Minister should sweare , upon his admission to the office of Commissionarie , to subscribe and fulfill the Cautions agreed upon under the penalties expressed therein , otherwise hee was not to bee admitted ; yet the said Master David Lyndsey sometimes Minister of Brichen now pretended Bishop of this Diocesse of Edinburgh , and pretended Moderator of this Presbyterie , with his foresaid Colleagues , the pretended Bishops and Archbishops of this Church respectivè , have taken upon them ( without craving or obtaining Commission from the Church as it is set downe in that Assemblie at Mountrose ) the office and power to vote in Parliament , without swearing at his or their entrances to subscribe and fulfill those Cautions which are set down under penalties . In the first Caution it was provided , that he presume not to propound in Parliament , in councell or convention , any thing in the name of the Church without an expresse warrant or direction from the Church , under the paine of deposition from his office ; and that hee should neither give consent unto , nor keep silence from any thing ( amidst these meetings ) that might bee prejudiciall to the libertie of the Church , under the said paine . But the forenamed Master David Lyndsey pretended Bishop of Edinburgh , with the rest of his Colleagues respectivè above named , have presumed ( having no warrant nor direction from the Church ) to propound in Parliament , and to consent to severall acts which have past in Parliament , to the prejudice of the Church , as namely , To the act concerning the Restitution of the State of Bishops , Anno 1606. the act concerning the chapiter of Saint Andrewes , Anno 1607. To the act of Commissariots and jurisdictions given to Archbishops and Bishops , Anno 1609. To the ratification of the act agreed upon in the Assemblie of Glasgow Anno 1610. with an explanation , contrarie to the meaning and tenour of the said conclusions , Anno 1612. To the acts concerning the Elections of Archbishops and Bishops , and to the acts concerning the Restitution of chapiters , Anno 1617. To the ratification of the five Articles of Perth , Anno 1621. To the act concerning the apparell of Churchmen , and to the ratification of the acts concerning Religion , in which all the former Acts are included , Ann. 1633. and to many other severall Acts of this kinde . In like manner he propounded and gave consent to severall Acts of the Privie Councell , for the establishing of it , and of the power of the High Commission , which are against the lawes and liberties of this kingdome ; and for ratification of severall acts and sentences given out by them and their Colleagues in that unwarrantable Judicatorie : for in the same manner did he propound and consent unto the Acts made in the Privie Councell for pressing and bringing in of the Service Booke , which would have trod under the frame of Gods publicke worship in this Kingdome , if the Lord had not prevented it . And further , in the last convention of the States holden in the yeares 1625. and 1629. he did not onely keepe silence , but propound and give consent to some things which were prejudiciall to the liberties of this Church , and he did oppose himselfe to the just desires and grievances which were presented in name of the Church for some of her liberties and priviledges : whereas it was provided that he shall be bound upon each generall Assemblie to give an account of the discharge of his Commission since the Assembly going before , and shall submit himselfe to the censure of the Assembly , and stand to the determinations of it without further Appeale , and shall sue for and obtaine ratification of his carriage from the Assembly , under the paine of infamie and excommunication ; but the said Master David Lindsey , and his Colleagues respectivè abovenamed , have never given an account of the discharge of his or their Commissions , nor sought nor have obtained ratification of his or their doings from the Assembly . Whereas it was provided in the third caution , that he should content himselfe with that portion of the Benefice which should be assigned to him from his Majestie for his livelihood , not hurting or prejudging the rest of the Ministers , or any Minister whatsoever , planted or to be planted within his Benefice , and that this clause was to bee inserted in his provision : besides , when Bishops were charged in the Assembly holden in Octob. Ann. 1578. to quit the corruptions of that State , there was numbred amongst the corruptions , That they received for the maintaining of their ambition and riot , the emoluments of the Church , which might sustaine many Pastors , the Schooles and the Poor ; but the said Master David Lindsey with his Colleagues respectivè , have tooke provision for their Benefices , and the foresaid clause was not inserted , and he and they have prejudged Ministers , Schooles , and the Poor , by taking and enjoying pluralitie of Benefices . Whereas it was provided in the fourth caution that he should not dilapidate nor make a disposition of his Benefice without the consent of his Majestie and the generall Assembly ; and for the greater warrant of this , That he should interdict himselfe to the generall Assembly not to dilapidate , nor to give consent to the dilapidation of his Benefice made by others , and that he should be contented that an Inhibition should be raised upon him to that purpose ; but the said Master David Lindsey , with his Colleagues respectivè , have set , and take setled patronages . Whereas in the fifth caution it is provided that he should be bound to attend his particular Congregation faithfully in all the points of a Pastour ; and that he shall be subject to the triall and censure of his owne Presbyterie and provinciall Assembly , as another Minister that bears no Commission : In like manner by divers Acts and constitutions of the generall Assemblies and Presbyteries , non residents are punishable by deprivation ; Yet the said Master David Lindsey with his foresaid Colleagues respectivè , have been non-resident from his and their charges for many yeares ; nor have they performed the duties of Pastours by preaching , administration of the Sacraments , visiting the sick , &c. but they have deserted their charges by the space now of many yeares ; neither have they in this subjected themselves to the triall of the Presbyteries and provinciall Assemblies . That whereas in the sixth caution it was provided , That in the administration of Discipline , collation of benefices , visitation , and all other points of Ecclesiasticall government , he shall neither usurp nor acclaim to himselfe a power or jurisdiction further over the rest of his brethren , under the paine of deprivation : and in case he did usurpe upon the Ecclesiasticall government , if the Synodall Presbyteries , or generall Assemblies did oppose , or make impediment unto him ; whatsoever he did in that case should be ipso facto null , without a declaratour ; yet the said Master David Lindsey with his Colleagues respectivè , have usurped a jurisdiction in the administration of Discipline , collation of benefices , visitation , and other points of Ecclesiasticall government , without a lawfull warrant from the Church , in exercising power to suspend , deprive , command , and inhibite excommunication at their pleasure , to fine , confine , imprison , banish Ministers , and other professours without the warrant of the lawes of the Countrey ; appointing their Moderators over Presbyteries and Synods , prorogating their Diets , staying their proceedings against Papists , Sorcerers , Adulterers , and other grosse offenders , by exacting of contributions to such Commissioners as hee pleased to send to Court for his owne and his Colleagues affaires ; by depriving , and ordaining of Ministers , not onely without the consent of the Presbyteries and Synods , but by ordaining of scandalous and unqualified Ministers , and depriving of learned and religious Pastours ; by ordaining Ministers after a forme not allowed of in this Church ; by silencing Ministers for not reading the Service Book , and Book of Canons ; by interdicting after a Popish manner , the exercises of Morning and Evening prayer in their Churches ; by releasing of excommunicated Papists ; by contradicting and crossing the votes of the Presbyteries at their pleasure ; by their pretended negative vote directly contrary to this caution ; by enacting decrees of Synods without demanding their votes ; by changing and falsifying their Acts , when most votes had carried the contrary ; by many wayes have they failed in this caution , which are so notorious to the whole Church and to your Wisedomes , that wee shall condescend upon the same when we are required . Whereas in the seventh caution it was provided , That in Presbyteries , and in Provinciall and generall Assemblies , he shall behave himself in all things , as one of the brethren of the Presbyterie , and be subject to their censure ; yet the foresaid Master David Lindsey with his foresaid Colleagues respectivè , hath not behaved himselfe as a brother at these meetings ; he disdaines to sit in Presbyteries , or to bee subject to their censures ; he sitteth and over-ruleth in Provinciall Assemblies rather as a Lord then a Moderatour ; and in stead of behaving himself as a brother in the generall Assemblie , hath , by threatning and silencing , prejudged the liberties of the lawfull Commissioners ; when they propounded , reasoned , or concluded matters conducing to the libertie of the Church , he forced them to conclude things contrarie . That whereas it was concluded at Mount Rose , That none of them who should have vote in Parliament should come Commissioners to the generall Assembly , or have vote in it in time to come , unlesse they had authority or Commission from their owne Presbyteries for that purpose ; yet the said Master David Lindsey with his foresaid Colleagues respectivè , though they had no authoritie by commission from any Presbyteries , have usurped to give votes in the last pretended Assemblies . Whereas in the seventh chapter of the book of Policie , registrated in the register of the Acts of the Assembly , it was concluded , That in all Assemblies a Moderatour should be chosen by common consent of the whole brethren assembled together , and it hath beene so practised since the beginning of the Reformation , till he and his fellowes began to break the Cautions ; yet the said Master David Lindsey with his foresaid Colleagues respectivè , have usurped the place of moderation in the last pretended Assemblies , and rather domineered then moderated , to bring in novations ; yea further , have directed Mandats from themselves as from the representative Church of Scotland , which name and power is only competent to generall Assemblies ; he hath brought in the practice of many Innovations in the Royall Chappell , in the Abbey Church , and his pretended Cathedrall ; he hath laboured not onely to hinder the ordinary meetings of generall Assemblies of this Church , by obtaining letters and charge from Authoritie to that purpose , but also hath laboured , what in him lay , to take away from the Church the priviledge of holding general Assemblies yeerly , belonging to Her by the Word of God , Acts of this Church , and lawes of this kingdome . Whereas it is provided by another caution , That Crimen ambitus shall be a sufficient cause of deprivation of him that shall have vote in Parliament ; yet the said Master David Lindsey with is foresaid Colleagues respectivè , are guilty of the said crime , in seeking of the said offices , and promising and giving good deeds for them . Whereas it was provided by the book of Discipline , and acts of the Assemblie Feb. An. 1569. and December 1565. & 1567. that marriage should not be solemnized without asking of banes three severall Sabbath daies before ; yet the said Master David Lindsey and his foresaid Colleagues respectivè , have given licence to sundry Ministers to solemnize marriage without asking three severall Sabbaths before ; upon which have followed divers inconveniences ; a man hath been married to a woman her husband being alive , and they not divorced ; some have been married to persons with whom they have committed adultery before , and some have been married without the consent or knowledge of their parents . Whereas by the book of Fasting , authorized by the generall Assemblie , and prefixed before the Psalmes , no set or yeerly Fasts are allowed , but disallowed , as contrary to the libertie of the Church , and to the nature of the exercise ( a Fast ; ) yet the said Master David Lindsey and his foresaid Colleagues respectivè , have appointed yeerly Fasts , and troubled some godly Professors for not observing the same . Whereas the office of a Deacon is set forth in the book of Discipline , and book of common order before the Psalmes , according to the Word of God , to have no medling with the preaching of the Word , or the ministration of the Sacraments , and by the first Confession of faith ratified in the Acts of Parliament , chapter 23. Ministers called unto particular flocks have only power of the Ministration of the Sacraments ; yet the said Master David Lindsey with his foresaid Colleagues respectivè , have given a power to certain Divines whom they make Deacons ( men not admitted to the calling of the ministerie ) to administer the Sacrament of Baptisme , under the names and titles of preaching Deacons , and they refuse to admit diverse men to the calling of the Ministerie before they be admitted to that Order . Whereas it is ordained by the booke of Policie ▪ and Acts of the Assemblie , that no man should receive ordination to the Ministerie without a present admission to a particular flock ; yet the said Master David Lindsey with his foresaid Colleagues respectivè , have separated the Act of Ordination from the act of Admission . Whereas according to the established order of the Church , and the Acts of the Assemblie , the ordination and admission of Ministers should be publick , in the presence and with the consent of the Congregation ; yet the said Master David Lindsey with his foresaid Colleagues respectivè , have given ordination to some men in other places , not in their own Congregation ; & violently have thrust upon them scandalous Ministers . Whereas Ministers who teach erroneous and corrupt doctrine should be censured by the book of Discipline , and by the Acts of the Assemblie ; yet the said Master David Lindsey and his foresaid Colleagues respectivè , have taught erroneous and corrupt doctrine themselves , and by their pretended power have preferred to the Ministerie men who have taught erroneous doctrine against the Confession of Faith , and Acts of Parliament quoted in our Covenant ; and they cherish and maintaine them who teach Arminianisme and Popery , as conditionall Election ; Free will ; resistibilitie of effectuall Grace ; The universality of Christs death ; The merit of it in Heaven and in hell ; a finall apostacie of the Saints ; The locall descent of Christ into hell ; That Christ came into the world clauso Virginis utero ; auricular Confession ▪ and Papall absolution ; That the Pope is not Antichrist ; That the Church of Rome is a true Church ; That reconciliation with Rome is a thing easie ; That the Church of Rome erres not in fundamentals ; and that she differs not in fundamentals from the reformed Churches ; They call in question the imputation of Christs righteousnesse , and they affirme the formall cause of justifying faith , to consist in our inherent righteousnesse ; They affirme that there is a locall and circumscriptive presence of Christ in the Sacrament , and they change the Sacrament into a Sacrifice , and the Table into an Altar , the Ministers into Priests . There are other damnable and hereticall points of Doctrine which they maintaine ; of which we shall give particular information in our particular accusation of each one of them respectivè , with the proofes thereof , when we shall be required . Whereas by the Acts of the Church , no oaths or subscriptions should be required from those who enter into the Ministerie , but to the Confession of faith , and to the book of Policy ; yet the said Master David Lindsey with his foresaid Colleagues respectivè , without a warrant from the Church or Parliament , doe exact diverse oathes and subscriptions from them who enter into the Ministerie ; namely , That they should both in publick and private prayers commend the Prelats to Gods mercifull protection ; That they should be subject to the orders which were now in the Church , or by the consent of the Church , that is , by their consent ( as they affirme ) should be established ; as to the Service Book , and to the Book of Canons . The heavinesse of this grievance made the most part of his Majesties subjects to complaine in these Articles , that worthy men which have testimonies of their learning from Universities , and are tryed by Presbyteries to be fit for the worke of the Ministerie , and for their gifts and lives were much desired by the people ; yet these men are kept out because they could not be perswaded to subscribe and swear unto such unlawfull oaths , which have no warrant from the Acts of the Church , nor the laws of the Kingdome ; and they were Articles and oaths conceived according to their pleasure ▪ and men of little worth , and ready to sweare , were for by-respects thrust upon the people , and admitted to the most eminent places of the Church , and of the Schools in Divinity , which breeds continuall complaints , and moves the people to run from their owne parish Churches , refusing to receive the Sacrament from the hands of Ministers set over them against their hearts , which makes them not to render unto them that honour which is due from the people to their Pastours ; and it is a mighty hinderance to the Gospel , to the soules of the people , and to the peace of this Church and Kingdome . Whereas in the Assembly holden at Edinburgh , in March , ann . 1578. it was declared that it was neither agreeable to the word of God , nor to the practice of the Primitive Church , that the Administration of the Word and Sacraments , and the ministration of civill and criminall justice should be confounded , that one person could supply both the charges , but that a Minister should not be both a Minister and a Senator in the Colledge of justice . And in the Assembly holden in October An. 1578. it was reckoned amongst the corruptions of the State of Bishops , which they were charged to forgoe , that they should usurp a criminall jurisdiction , that they should not claime unto themselves the titles of Lords , that they should onely be called by their owne names , or brethren ; yet the said Master David Lindsey , with his foresaid Colleagues respectivè , have assumed to themselves the titles and honours of Lords , they did sit as Senators in the Colledge of justice , as Councellors in the Privie Councell , as Auditors in the Exchequer , and have enjoyed prime Offices of State. The pretended Bishops have usurped the place and precedencie before all Temporall Lords , the pretended Archbishops before all the Noble Earles of the land , and the pretended Primate before the prime Officers of State in the land . Whereas by the Word of God and Acts of the Assembly , namely , Anno 1576. 1577. and 1578. no man should be suffered to be a Minister , unlesse hee be tied to a particular flocke and congregation ; and not to be tied to a particular flocke it is condemned as a corruption of the state of Bishops which they were charged to forgoe ; yet the said Master David Lindsey , with his Colleagues respectivè foresaid , are Ministers , and will not be tied to particular flockes . Whereas the office of a Bishop ( as it is now used within this Realm ) was condemned by the booke of policie , and by the Act of the Assembly holden at Dundee , Anno 1580. whereof these are the words ; Forasmuch as the office of a Bishop ( as it is now used and commonly taken within this Realme ) hath no sure warrant from authoritie , nor good ground out of the Scriptures , but it is brought in by the folly and corruptions of the inventions of men , to the great hurt of the Church , The whole Assembly of this Church with one voice , after liberty given to all men to reason in the said matter ( no man opposing himself to maintain the said pretended office ) doe find and declare the said pretended office , used and termed as is abovesaid , unlawfull in it selfe , as having neither ground nor warrant within the Word of God ; and we doe ordaine that all such persons which doe , or shall hereafter , enjoy the said office , shall be charged simply to dismisse , quit , and leave the same , as an office unto which they were not called by God ; and that they shall leave off all preaching , ministration of the Sacraments , or other offices of Pastors , untill such time as they receive admission de novo from the generall Assembly , under the paine of excommunication to be used against them ; and if they be found disobedient to contradict this Act in the least point , after due admonition , the sentence of excommunication shall be executed against them . And for the better execution of the said Act , it is ordained that a Synodall Assemblie shall be holden in everie Province ( in which usurping Bishops are ) 18. August next to come , in which they shall be cyted and summoned by the Visitors of the said Countries to compeere before their Synodall Assemblies ; as namely , The Archbishop of S. Andrewes to compeere at Saint Andrewes , The Bishop of Aberdene in Aberdene , The Archbishop of Glasgow in Glasgow , the Bishop of Murray in Elgin , to give obedience to the said act , which if they refused to do , that the Synodall Assemblies shall appoint certaine brethren of their Presbyteries to give them publike admonitions out of their Pulpits , and to warne them , if they disobey , to compeere before the next Generall Assemblie to be holden at Edinburgh 20. Octob. to heare the sentence of excommunication pronounced against them for their disobedience : and to this act the Bishop of Dumblane that then was , agreed , submitting himself to be ruled by it : it was also condemned by the act of Glasgow Anno 1581. which doth ratifie the former act of Dundee , and ordaines the book of policie , which was approved by severall Generall Assemblies to be registrated in the books of the Assemblie , and enjoyned the generall confession of faith to be subscribed by all his Majesties Lieges , Yet hath the said Master David Lyndsey with his foresaid Colleagues respectivè , not onely incroached upon the liberties of Presbyteries and Synods , but hath also took Consecration to the office of a Diocesan Bishop , without the knowledge or consent of the Church , and against the acts of it , claiming the power of ordination and jurisdiction , as due to him by that unwarrantable office . Besides , the said Master David Lyndsey with his foresaid colleagues respectivè , have , against the Lawes of the Church and Kingdome , brought in the Service book , the book of Canons , and the High Commission Court , and would have changed and overthrowne the whole frame of doctrine of Gods word , the use of the Sacraments , the Discipline , Liberties and Priviledges of this Church and State , if the Lord had not prevented them ; The particulars wee shall present to your wisdomes , though it bee knowne to all men , how hee and they have abused his Majesties authoritie against his Royall intentions and Declarations , they having moved discontents betwixt the King and his subjects , by scandalous lies betwixt subject and subject , for which things complaints have been given in to the Councell , which we hold heare to be repeated as a part of our complaint , and to be tried by your wisdomes , and referred to the Assemblie . Besides all these faults , the said Master David Lyndsey with his Colleagues respectivè , in his life and conversation is slandered constantly as guiltie of excessive drinking , whoring , playing at Cards and Dice , swearing , profane speaking , excessive gaming , profaning of the Sabbath , contempt of the publike ordinances and private familie-exercises , mocking of the power of preaching , prayer , and spirituall conference , and sincere professors ; besides , with briberie , simonie , selling of Commissariots places , lies , perjuries , dishonest dealing in civill bargaines , abusing of thir vassals , and of Adulterie , and incest , with many other offences , of which we shall give the particulars in our particular accusations . Whereas the Presbyterie is the ordinarie judicatorie of this Church for trying of these offences , and hath the Ecclesiasticall power for cytation of the parties and offenders , with the reference to their complaints to the Generall Assemblie , Therefore wee most earnestly and humblie beseech your godly wisdomes , as you tender the glorie of God , the peace and libertie of this Church , the removall of scandals , and punishment of vice , that you will take into your consideration and triall the foresaid many and hainous offences , with the particular reservations and qualifications of them , which we shall present to your wisdomes , or to the Assemblie when it shall bee thought convenient ; and that you would either take order with it your selves , and censure the offenders , according to the nature of the offences , with the Ecclesiasticall paines contained in the Acts and foresaid Canons of this Church and Kingdome , or else make a reference of them to the Generall Assemblie to bee holden at Glasgow 21. Novemb. and , that the knowledge of these should come to the Delinquents , that you will be pleased to ordaine the publishing hereof , to bee made by all the Brethren of the Presbyterie in their Pulpits upon the Sabbath before noone , with a publike admonition to the offenders to be present at the Assemblie , to answer to this complaint , and to undergo the censure and triall of it , and to bring with them the books and scroules of subscriptions and oaths required from those who enter into the Ministerie , with the books of the High Commission Court , and the books of the Generall Assemblie , which they or their Clerk had or have fraudulently conveied away , Together with this certification , That if the said Master David Lyndsey , with his foresaid colleagues respectivè , do not appeare in the said Assemblie , and bring with them the said books , to answer to this complaint in generall , and to the particular heads of it , and to submit himselfe to the triall and proofe of this complaint generall , and to the particular heads of it , that there shall be a condigne censure of these offenders for their contempt and contumacie ; Here wee humblie beseech your wisdomes answer . The Act of the Presbyterie of Edinburgh 24. Octob. 1638. yeares , in answer to this Complaint . UPon the said day , we the Brethren of the Presbyterie of Edinburgh , after we had received this Bill and complaint , presented unto us by the Laird of Buchanan , The Laird of Dury the younger , The Laird of Carlourie , John Smith late Bailife of Edinburgh , John Hammiltoun , and Richard Maxwel , in name of the Noblemen , Barons , Burgesses , and Commons , subscribers of the Covenant ( which are not Commissioners to the Generall Assemblie ) against the pretended Archbishops and Bishops of this Kingdome , and after wee had read and seriously considered the same , wee , according to the desire of the complainers did and do referre the same to the next Generall Assemblie to bee holden at Glasgow 21. November . And we ordaine the publishing of this complaint , and of our reference of it to the Assemblie , to be fully read by all the Pastors of the Presbyterie upon the next Sabbath before noone out of their Pulpits , with a publike warning and cytation to the offendants complained upon ; By name , Master John Spotswood pretended Archbishop of Saint Andrewes , Master Patrick Lyndsey pretended Archbishop of Glasgow , Master Thomas Sydserfe pretended Bishop of Galloway , Master David Lyndsey pretended Bishop of Edinburgh , Master Alexander Lyndsey pretended Bishop of Dunkeld , Master Adam Bannatine pretended Bishop of Aberdene , Master John Gutherie pretended Bishop of Murray , Master John Maxwel pretended Bishop of Rosse , Master George Greme pretended Bishop of Orknay , Master John Abernethie pretended Bishop of Caithnes , Master Walter Whitefoord pretended Bishop of Brichen , Master James Wedderburne pretended Bishop of Dunblane , Master James Fayrley pretended Bishop of Argyle , Master Nail Campbel pretended Bishop of the Isles , to be present at the said Assemblie , to answer to this complaint in generall , and to the particular heads of it , to undergo the triall and censure of it , and to bring with them the books and scroules of the subscriptions and oaths of them who enter into the Ministerie , the books of the High Commission , and the book of the Generall Assemblie , which they either had or have fraudulently put away ; and if any Pastor within this Presbyterie refuse to publish this cytation , we require the Reader of the Church to do it . In like manner wee require all parties who have interest , either in pursuing , or specifying , or proving this complaint , to be present at the said Assemblie for that purpose : Upon which the complainers took instruments in the hands of the Notarie . According to this complaint , and the warrand of the Presbyteries reference of it , I A. R. warne and admonish the abovenamed offenders to compeere before the next Generall Assemblie to bee holden at Glasgow 21. November , for the causes contained in the complaint , and for the certification expressed in it . NOw though the verie reading of this Libell cannot chuse but work a detestation of it in the heart of everie religious and just man , yet the Reader shall do well to take a more speciall notice of these particular passages of injustice and impietie in it : First , that the Presbyterie of Edinburgh taketh cognisance of the cause , and accordingly makes cytation , not onely of the Bishop of Edinburgh , over whom they can have no jurisdiction , but of all the rest of the Archbishops and Bishops , of which none at all , or certainely if any , verie few , are inhabitants within the bounds of their Presbyterie : And who before this , did ever heare that any Consistorie or Judicatorie , Ecclesiasticall or Civill , could make processe against any man , or take cognisance of the cause of any man , who was not an inhabitant , nor had any charge or estate within the Precincts or bounds of those places , which onely are liable to the jurisdiction of that Court ? Next , who did ever heare that men should wittingly and willingly cyte others to answer for the transgression of acts and Lawes which they themselves do know were repealed by posteriour acts and Lawes ; and so stood at the time of this cytation , and therefore can no wayes be censurable for them , though it were true that the person cyted had done as it is alledged in the Libell , and such be these acts of Assemblie cyted by them , which were and still are disanulled by divers acts both of Assemblie and Parliament : Thirdly , who did ever heare that men should be called in question for yeelding obedience to acts of Parliament and Generall Assemblie , and yet in this Libell the Prelats are charged with giving voices in Parliament , and practising the five Articles of Perth , and divers other particulars , which then were and are now still in force by acts both of Parliament and Assemblie : and if it should be said that these acts were unduly obtained , which is the Covenanters onely plea , sure to say so is a greater fault then the other ; for what Judge can ever give sentence in any cause , if the asseveration of the partie aggrieved by the sentence , that the Law was unjustly made , may passe for a good plea ? Fourthly , who ever heard that men should bee charged with yeelding obedience to acts commanded by the authoritie of Us and Our Councell , especially in things not repugnant to any established Law of that Church and Kingdome ? and yet such are all these pretended Innovations , with the introduction whereof the Prelats are charged in this Libell : for they were injoyned and commanded first by Us , and then by acts of Our Councell , it being farre more agreeable to reason to complaine of the Lords of Our Councell , by whose authoritie they were commanded , then of those who in dutifull obedience to authoritie did practise them : But indeed it is to bee wondred at , with what face the Covenanters can blame either the one for commanding , or the other for practising them : For what ground have they , or did they ever yet alledge , for their swearing to the Confession of Faith and their Covenant annexed ? Did they ever yet alledge any but the authoritie of Our Royall Father and his Councell , who by their authoritie commanded them to bee sworne throughout the Realme ? And did not We and Our Councell by equall authoritie command these pretended Innovations ? Was not then the Prelats practice of them as well warranted , as this Confession of Faith and the band annexed , which were never brought in by acts of Parliament or Assemblie , but meerly by Our Royall Fathers Prerogative , and put in execution by the authoritie of his Councell ? Fifthly , who did ever heare that men professing Pietie and Religion , durst adventure in the sight of God , in the house of God , and in the Pulpit , which is as it were the Chaire of God , and in the face of the Congregation , which is the people of God , to command the Bishops to be indited and accused of such horrible crimes , as whoring , excessive drinking , excessive gaming , swearing , profane talking , profanation of the Lords day , contempt of Gods publike ordinances , neglecting pietie in their families , mocking of the power of preaching , prayer , and spirituall communication ; briberie , simonie , lying , perjuries , unhonest dealing in civill bargaines , adulterie , incest , and what not ? We do even appeale to their owne consciences , whether they did thinke all of them , or any one of them , guiltie of all these crimes : Most certainly they did not ; and that excuse which they bring for the justifying of this wicked Libell cannot any wayes extenuate their fault : They say that some particulars contained in the whole Libell may be proved against everie one of them , and therefore it is a good and a legall Libell , if they can make good any thing contained in it : But bee it legall or not , the world must needs take notice that it is most unconscionable . The other things mentioned before , and charged upon them in this Libell , are not crimes at all , being warranted by acts of Parliament , Assembly and Councell ; these last rehearsed are crimes indeed , odious in the sight of God and man , and of which , as if they be guilty , the Bishops deserve death and exquisite torments ; so , if they who have accused them of these crimes , shall faile in proving them to bee guiltie , they deserve to bee infamous throughout all generations , for the most malicious and malignant traducers of the servants of God , that ever lived upon the earth , and must looke for the unavoidable judgements of God to fall upon them and their whole families for this so horrible a crime , committed wilfully against the knowledge of their owne consciences , unlesse they doe expiate it with the bitter teares of repentance : For We desire them to declare bonâ fide , whether they themselves did beleeve or conceive all the Bishops accused in the Libell , or onely some of them to bee guiltie of these last recyted crimes : If not all , but some , why did they not distinguish them , that the people might know whom they should take for guiltie , and whom for not guiltie ? Nay , did they not beleeve and know , that some of these Bishops were holy and learned men , free from the crimes objected ? For instance , We will onely name the Bishop of Edinburgh , seeing in the principall Presbyterie of his Diocesse this Libell was presented , admitted , and publiquely read in the Churches within the Precincts of it : did they then , or doe they yet beleeve or suspect that he was guiltie of incest , adulterie , excessive whoring , gaming , drinking , dicing , swearing , &c. ut supra ? We doe verily beleeve , that if they were judicially called , they would absolve him from such foule crimes ; how then they can answer to God , men , or their owne consciences , for accusing that reverend , learned , and holy Prelate of such crimes , for which they themselves would be his compurgators , We must leave it to themselves to resolve : Nay , what if they themselves did not beleeve any one , not the most hated of all the Prelates to be guiltie of these last recyted crimes ? Sure , the presumptions are very pregnant and unanswerable , that they did not beleeve it : for at the generall Assembly , when the severall Bishops causes came to bee heard and discussed upon this Libell , they did not so much as offer to make any proofe of these last rehearsed crimes against them , they examined not so much as one witnesse upon them in discussing the processes of many of the Bishops : And in the printed Acts of their pretended Assembly ( as shall appeare by those passages of it in their place ) in their particular sentences of deprivation and excommunication , they not onely do not censure them for these crimes , but doe not so much as take notice of them : And it is well knowne , that these men who in all their proceedings had made everie Bishops moat a beame , were not so mercifully or compassionately affected towards them , that they would have spared them , or forborn to make proofe of these crimes , if they had seene but colour for it . If they shall say , that though they could not prove these crimes , yet there was a publique scandall of them ; There was indeed a scandall raised amongst them , and that publique enough , when it was proclaimed in the Pulpits ; But by whom was it raised ? even by the principall Covenanters themselves , who were resolved to raise a fame when they were sure they could prove no fact : or if they should alledge that they did forbeare probation , or examining of witnesses , out of their respect either to the Bishops calling or their persons , they will hardly find credit with any one ; For who will thinke they did it out of the respect of their calling , which they have given out for Popish and Antichristian ? or out of respect of their persons , whom they have scandalized in so many great and publique congregations of the Kingdome , infinitely exceeding in number those who were present at the Assembly ? The plaine truth then was this : They could easily slander them with these crimes in the Churches , but they were sure they could make no proofe of them at the Assembly . Sixthly , who did ever heare , that the forme of proceeding of Presbyteries in that Kingdome was by reading of the Libell in any Church ? the custome being to cyte them personally where they may be found ; or if they be not to be found , by leaving both the cytation and copie of the Libell at the place of their dwelling ; or if the partie bee out of the Kingdome , by cyting him publiquely in the Church , and afterward serving him with a copie of the Libell upon his coming home and appearance : and if he doe not appeare , by proceeding against him tanquam pro confesso ; which forme was observed by them in the processing of all the Ministers , whom at this time they suspended and transmitted over to the generall Assembly , none of their Libells being publiquely read in Churches : But with the Bishops they proceeded otherwaies , against all course of Law , made the Libell against them bee read publiquely in the Churches , and that after divers of them , upon the Covenanters owne knowledge , had been served with it by the Officers of that Presbyterie ; so that there was no use of any further publique citation , personall citation being already made : Nay , and to doe it upon a Sunday , though that morning the Magistrates of Edinburgh , by Our Commissioners speciall commandement , required them to forbeare : Nay , yet to publish that infamous Libell in their Churches , upon a day when the holy Communion was solemnly administred ; Nay , and in the Colledge Church where Rollock is Minister , ( because it was late , and after noone before all the people had received ) to have the ordinarie thanks-giving and praiers after the Communion quite omitted , and the afternoone Sermon begun without any precedent praier , and all to gaine time for the reading of this lewd Libell , as if it had been of greater consequence then either the thanks-giving or praiers after the holy Communion , or the reading of those Lessons and Chapters of sacred Scripture , or using of praier , which are duties usually performed before Sermon : Nay , to have this Libell read in the afternoone , directly against the Act of the Presbyterie which appointed it to be read in the forenoone , and to have it read neither by Minister nor Reader , as the Act enjoyneth , but by a Lay-man , and a fierie Advocate : All these put together , let the Reader judge whether here were not many acts , first of injustice , then of impietie ; As drawing along with them the profanation and violation of the Lords house , the Lords day , the Lords holy Communion , the Lords service and worship in both parts of it , Praier and Preaching . Seventhly , the Reader shall doe well to observe in the Preface of this Libell , what a harmlesse and hazzardlesse mustring and training of their men they make : For all the Covenanters being now one grosse bodie , sworne to one Covenant , and to mutuall defence one of another , without admitting any motion which shall tend to the division or breaking of their rankes , see how they divide themselves , onely to exercise their armes , and to make them perfect in their postures and motions ; after they have cast themselves in severall figures , they fall to skirmishing , not in earnest , but in jest , to please themselves and the spectators : For since they could not all be Judges , and Commissioners of the Assembly , they make their fellow-Covenanters not elected Commissioners , to be Plaintiffes ; so that indeed upon the point , the Plaintiffes and Judges are all one : for they having all sworne and abjured ( as they say themselves ) the principall things to be determined in the Assembly , the same actors before they came from their Tables at Edinburgh , sorted and divided their parts , appointed some to bee chosen Commissioners , and so to act the part of Judges , and others of themselves to draw a Libell against those whom they should nominate , so they should act the part of Plaintiffes : In the meane time , what was like to become of the poore Defendants and the parties cited ? whether they were not like to bee killed in this play , let the spectators deliver their opinions : And this now is that Libell , with which the Covenanters did undoubtedly compasse their owne end , which was , to raise up in the people an utter abhorring of the present Bishops persons , and an irreconcilable hatred against both their persons and calling ; but with what religion , justice , and honestie they have effected it , others besides themselves , both in heaven and earth , must judge and give sentence . As this of the Libell was a tricke of falshood , so about this time there was put upon the people a notable tricke of forgerie , which was this : There was a maid , whose name is Michelson , her father was a Minister ; and when he died left her young , she hath been for many yeeres distracted by fits : Upon this young Maids weaknesse some were pleased to worke , and to report her for one inspired with a spirit of divination ; and finding , that out of her blind zeale shee was wonderfully affected with their Covenant , and that in her raving fits her words tended all , or for the most part , to the admiration of it , and detestation of the opposers of it ; and perceiving , that shee was well skilled in the phrases of the Scripture , and had a good memorie , so that shee could remember the bitter invectives , which both in the Pulpits and elsewhere shee had heard made against the Bishops and the Service-booke , they thought her a very fit instrument to abuse the people , and cryed her up so much , that the multitude was made beleeve her words proceeded not from her selfe , but from God. Thence was that incredible concourse of all sorts of people , Noblemen , Gentlemen , Ministers , Women of all rankes and qualities , who watched or stayed by her day and night , during the time of her pretended fits , and did admire her raptures and inspirations , as coming from Heaven : She spake but at certaine times , and many times had intermissions of daies and weekes , in all probabilitie , that she might have time to receive instructions , and to digest them against the next time of exercising her gifts ( as they call them ; ) which so soone as shee was ready to begin , the newes of it was blowne all the Towne over , and the house so thronged , that thousands at every time could find no accesse . The joy which her auditors conceived for the comfort of such a messenger from Heaven , and such messages as she delivered from thence , was many times expressed by them in teares , by none more then by Rollock her speciall Favourite ; who being desired sometimes by the spectators to pray with her , and speake to her , answered , That he durst not doe it , as being no good manners in him to speake while his Master was speaking in her . Now , that shee was set up by the Covenanters , to perswade their ends with the people , there bee two reasons which may induce the Reader probably to beleeve : First , because that they of best judgement , who were present at the time of her pretended raptures , did affirme , that they saw nor could observe nothing supernaturall in them ; they onely found she had a good memorie , especially of that which she had read in the Scripture , or had heard preached : that shee had a very good expression of her selfe , but yet they found that both shee knew that shee was speaking , and what shee was speaking ( contrary to that report which went about of her ) and that while she was speaking , if she were interrupted by any questions , shee made very pertinent answers to them , which could not have been , if all that time shee had been transported with any supernatuall rapture . Secondly , because most of all that shee spake , still tended to the Covenanters ends : when she spake of Christ , she ordinarily called him by the name of Covenanting Jesus : The summe of her speeches for the most part was , that it was revealed unto her from God , that their Covenant was approved and ratified in Heaven ; but that Our Covenant was an invention of Sathan ; that all the adherents to it should bee confounded , as all the adherents to the former were and should be protected by God , the author of their Covenant , against all opposition whatsoever ; which speeches of hers were averred by the Covenanters with as great confidence , and admired by the people with as much veneration , if not more , as any other of their Pulpit Dictats : which presumptions did make very many ( both Covenanters and others ) thinke , that the crying up of this Maid , did looke something like a Romish imposture . Let all this rebellious behaviour , and these contempts of Our Commissioner and Councell , interveening betweene Our last gracious Proclamation of the indiction of the Assembly , and the day of the Assembly neere at hand , bee laid together , and what judgement can any man make of them , but that they were devised and practised principally for this purpose , That Our Commissioner might prorogue or discharge the Assembly , from whence by these strange proceedings hee could not have the least hope of any good : and if hee should discharge it , they were sure they should gaine some credit with their partie , whom they had made beleeve that hee never intended otherwise , as also , should indict an Assembly themselves , which they made full accompt to doe ; which appeareth both by the tenour of the Commissions given to their severall Commissioners , both from Presbyteries and Burrowes , which run thus : We give you full power to appeare for Us at this Assembly now indicted the 21. of November next , wheresoever it shall happen to be , not naming the place , Glasgow , where Wee had appointed it , hoping that it should bee prorogued ; in which case they intended to hold it at Edinburgh , the seat of their Tables , As also by divers of the Covenanters Letters written to that purpose ; the copie of one , written by the Lord of Balmerino , We here exhibit to you . Loving Cousin , I Have lately received advertisment from severall friends that are chosen Commissioners for the Assembly , to helpe them to lodgings in Glasgow ; I send you h●re a Roll of some of our particular friends , whereof you may give a Copie to the Provost and Magistrates , that they , ( being men of quality ) may be accordingly furnished for themselves and their train , with such roomes ( at least ) as you have provided for me . I hope your Magistrates have beene as carefull to provide for the Commissioners as for the Councellours , which are not so necessary members of the Assembly as the Commissioners : And if they be not well eased , it may be a great argument to the Assembly to remove it selfe elsewhere . I am of opinion , that of the three hundred necessary Commissioners of Assembly , the halfe of them have not provided themselves , as being farre distant and unacquainted , hoping in so good a towne to fnde all commodities for money . I would send a servant to take possession of those Lodgings which can be had , for my self and our friends , that we be not surprised with the Councellours followers , who are to be with you the 15 or 16 of this instant . George Porterfield undertooke to my Lord Lindsey and other Noblemen , at his last being here , to bespeake three or foure of the best Lodgings they designed for such Noblemen as was given him in list ; we have heard nothing of his performance . My Lord Lindsey hath written oft-times to me , and I would intreat you to desire George to write with the first occasion to John Smith , or any other he pleaseth here , that we may know his care and account of his undertaking . You will pardon me for this trouble I put you to , being for friends that will be verie sensible of it , whereof none are more obliged and lesse able to acquite all your favours , then Edinb . Novemb. 8. 1638. Your loving Cousin to dispose of , Balmerino . I could wish our owne friends were as well bestowed neere one another as can be ; and if I cannot come there the next weeke , I will send a servant . BY these lines you may easily perceive , both the insolent contempts used by these men towards Our Councel , and the resolution which they had to keep the Assembly , or to remove it at their pleasures . But after they were once perswaded , that Our Commissioner was resolved to hold the Assembly at the time and place appointed by Our Proclamation , the time of it approaching , they sent out from their Tables a second paper of publique instructions throughout all the parts of the Kingdome , which were these ▪ THat all Noblemen subscribers of the Covenant , ( except the Noblemen of the West , who shall be ready upon advertisment ) meet at Edinburgh the 12. of November , and stay there till they goe to Glasgow , where they shall all meet on Saturday the 17. of November at the furthest . That the full number of these who are appointed Commissioners by the severall shires , to attend this common cause , with foure Gentlemen within the bounds of every Presbyterie at the least , out of the number of their Assessors , without excluding any voluntaries , That they come to Glasgow the 17. day of November , to attend constantly the Assembly , and give their advice in the common cause to the ruling Elders , Commissioners to the Assembly out of these Shires and Presbyteries . That the Burrowes appoint ( according to their quality and number ) two , foure , or six , of most judicious men to come to Glasgow the 17. of November , and there constantly to attend the Assembly , and give their advice to their Commissioner in this common cause . That the Fast be observed the fourth day of November universally , with any other dayes they may conveniently : and if any be repairing to the Assembly , that they keepe the Fast where they shall bee for the time . That now especially , seeing ruling Elders from particular Congregations are received in Presbyteries , that particular Congregations take such course , that no Minister Commissioner be forced to be absent from the Assembly for want of necessarie charges . That where any hath beene deceived or compelled to subscribe this new Covenant , that the Ministers take their Declarations in writing , or by act in the bookes of Session , or before one witnesse , that they were forced , deceived , or mistaken : And that every Minister make known , and intimate publikely to the people the printed protestation , contayning the reasons against this new subscription ; and where the Minister refuseth , that some well affected Gentleman doe it . IN the first of these , there is a meeting appointed of all the Commissioners , first at Edinburgh , then at Glasgow , which was ( no doubt ) to agree upon the conclusions to bee made in the Assembly , before the Assembly should assemble : In the second and third you see a course taken , That both from Presbyteries and Burrowes , the severall Commissioners shall have numbers of Assistants , without whose advice the Commissioners were to conclude nothing ; a thing never heard of before at any Assembly of that Church ; and by which multitude they meant to terrifie all those , who in Glasgow should offer to oppose or speake against them . In the fourth , to the high contempt of Our Authoritie and Proclamation , they appoint another day for the publique Fast then was by Us designed . In the sixth , they order that all these who had subscribed Our Covenant and Confession , should bee presented as publique offenders . These new instructions , especially that Article which appointed so great troupes to repaire to Glasgow , all which ( as Our Commissioner was informed ) meant to goe thither with Armes , and in hostile equipage , which is most severely prohibited by the Lawes of that Our Kingdome , moved Our Commissioner and Councell , by publique Proclamation at the Crosse of Edinburgh , severely to interdict any Commissioner for the Assembly at Glasgow to travell thither , or to continue there with more attendance then those of their owne family and ordinarie retinue ; and that they should carrie with them no other Armes , but such as were allowed by the Lawes of that Kingdome , under the paines and penalties contained in the said Lawes . This Proclamation they onely answered with a Protestation , yeelding no obedience to it ; for they travelled to Glasgow in great troupes , carrying with them prohibited and warlike Armes . It is easie now to be conceived , that Our Commissioner could expect no good from this Assembly , the preparations whereunto were so full of rebellion and tumult ; and the precedent elections of the members whereof had induced many legall , unavoidable , and undeniable nullities of it : yet because Our people should clearely see the realitie of Our royall intentions , and the Covenanters partie might understand how they had beene abused by the reports which their leaders had dispersed , That We meant nothing lesse then to keepe this Assembly ; and principally , that in that Assembly We might fully make good to all Our subjects , whatsoever We had promised in Our last gracious declaration , ( the heads of the Covenanters having mainly laboured with them that point , viz. that We never meant to performe what therein We had promised ) Our Commissioner began his journie towards Glasgow , and arrived there on the 17. day of November in a quiet and peaceable manner , none of his traine carrying with them any prohibited armes : There met him at Glasgow all Our Councell by Our direction , according to a Letter which We had written unto them , requiring them to assist him all the time of his being there , with their best concurrence and counsell : Our Letter to them here followeth . RIght trusty and right wel-beloved Cousin and Councellour , Right trusty and right wel-beloved Cousins and Councellours , We greet you well : As by your Letter Wee find how well you are satisfied with Our gracious pleasure , expressed in Our late Proclamation and Declaration ; so We doe expect the continuance of your care by your best indevours , to bring all Our good people to a true sense of Our Royall intentions , and reall care of preferring and advancing the good and peace of that Church and Kingdome , which hath alwayes been and still is one of Our chiefest cares . We give you hearty thanks for your affection and paines in this service , and doe approve of your course in subscribing of the Confession and band , and order taken by you for publishing and requiring the like due and thankfull acceptance of Our gracious pleasure by all Our good subjects . And seeing the time of the Assembly doth now approach , We require you to attend diligently upon Our Commissioner , untill the time appointed for the downe sitting of the said Assembly , and further , to the finall ending thereof ; that from time to time you may be assisting to him with your best opinions and advices , for preparing and digesting every thing that may conduce to bring this businesse , to be treated upon in the Assembly ; to the wished peaceable and happy end . And although We will not doubt but that all Our good subjects will bee carefull of every thing that may concerne Us , or Our Soveraigne authority ; yet because that at such publike and generall meetings , it is not to be expected that all mens dispositions will be alike , and of one temper , Wee require you , and that in a more particular manner , according to the trust and confidence Wee have in your affections to Our service , carefully to advert , that if any proposition shall be made , which may seeme to derogate from Soveraignty , or that true estate of Monarchicall Government already established within that Kingdome , or which may impede the peaceable conclusion of this Assembly , that as good subjects and faithfull Councellours and servants to Us , you assist Our Commissioner to withstand the same to the uttermost of your power : To whom We will you to give absolute trust in every thing which he in Our name shall deliver or impart to you , or any of you , in publike or in private , And so We bid you farwell . From Our Honour of Hampton Court the first of October . 1638. THe Citie of Glasgow being much filled and thronged with all sorts of people , on the 21. day of November 1638. the day designed by Our Proclamation , the Generall Assembly begun , and was opened ; and the proceedings were as follow . After Sermon in the morning , they assembled in the afternoone : The ancientest Minister of the Towne , who had preached in the morning , desired all present to begin the Action with the chusing of a Moderatour : Our Commissioner ( who sate upon a State raised in a place eminent above the rest , with his Assessors about him conveniently seated below ) told them that there was something to be done before the choice of the Moderatour , viz. that his Commission was first to be read , that it might be knowne by what authoritie he sate there ; which was done , and so Our Commission to him was publikely read , as followeth . CAROLUS Dei gratia , Magnae Britanniae , Franciae , & Hiberniae Rex , fideique Defensor , Omnibus probis hominibus suis ad quos praesentes literae pervenerint , Salutem . Sciatis nos considerantes magnos in hoc regno nostro Scotiae non ita pridem exortos tumultus , ad quos quidem componendos multiplices regiae nostrae voluntatis declarationes promulgavimus , quae tamen minorem spe nostrâ effectum hactenus sortitae sunt : Et nunc statuentes ex pio erga dictum antiquum regnum nostrum affectu , ut omnia gratiosè stabiliantur & instaurentur , quod ( per absentiam nostram ) non aliâ ratione melius effici potest quam fideli aliquo Delegato constituto , cui potestatem credere possimus tumultus hujusmodi consopiendi , aliaque officia praestandi , quae in bonum & commodum dicti antiqui regni nostri eidem Delegato nostro imperare nobis videbitur . Cumque satis compertum habeamus obsequium , diligentiam , & fidem praedilecti nostri consanguinei & consiliarii , Jacobi Marchionis Hamiltonii , Comitis Arraniae & Cantabrigiae , Domini Aven & Innerdail , &c. eundemque ad imperata nostra exequenda sufficienter instructum esse , Id●irco fecisse & constituisse , tenoreque praesentium facere & constituere praefatum praedilectum nostrum consanguineum & consiliarium Jacobum Marchionem de Hamiltoun nostrum Commissionarium ad effectum subscriptum . Cum potestate dicto Jacobo Marchioni de Hamiltoun , &c. dictum regnum nostrum adeundi , ibidemque praefatos tumultus in dicto regno nostro componendi , aliaque officia à nobis eidem committenda in dicti regni nostri bonum & commodum ibi praestandi , eoque Concilium nostrum quibus locis & temporibus ei visum fuerit convocandi , ac rationem & ordinem in praemissis exequendis servandum declarandi & praescribendi ; & quaecunque alia ad Commissionis hujus capita pro commissâ sibi fide exequenda , eandemque ad absolutum finem perducendam & prosequendam conferre possunt , tam in Concilio quam extra Concilium , nostro nomine efficiendi & praestandi ; idque similitèr & adeò liberè acsi nos in sacrosancta nostra persona ibidem adessemus . Praeterea cum plena potestate dicto Jacobo Marchioni de Hamiltoun , prout sibi videbitur nostro servitio & bono dicti regni nostri conducere , conventum omnium ordinum ejusdem regni nostri indicendi , ac publica comitia & conventus eorundem ordinum eorumve alterius vel utriusque quibus temporibus & locis sibi visum fuerit statuendi , & ibidem nostram sacratissimam personam cum omnibus honoribus & privilegiis supremo Commissionario nostri Parliamenti & publici conventus incumben̄ similiter adeoque amplè sicut quivis supremus Commissionarius quocunque tempore retroacto gavisus est gerendi : Necnon cum potestate praefato Jacobo Marchioni de Hamiltoun Synodos nationales ecclesiae dicti regni nostri tenendas temporibus & locis quibus sibi visum fuerit indicendi , & ibidem seipsum tanquam nostrum Commissionarium gerendi , omniaque eisdem tenendis inservientia secundum leges & praxin praedictae ecclesiae & regni nostri praestandi : Et hac praesenti nostrâ Commissione durante nostro beneplacito duratura , & semper donec eadem per nos expressè inhibeatur . In cujus rei testimonium , praesentibus magnum sigillum nostrum unà cum privato nostro sigillo ( quia praefatus Marchio de Hamiltoun in praesentiarum est magni sigilli custos ) apponi praecepimus , Apud Oatlands vigesimo nono die mensis Julii , Anno Domini millesimo sexcentesimo trigesimo octavo , Et anno regni nostri decimo quarto . Per signaturam manu S. D. N. Regis suprascriptam . NOw , this Our Commission was sealed both with Our great Seale of that Kingdome and Our Privie Seale , because the Archbishop of S. Andrewes the late Lord Chancellour , had lately delivered up unto Us Our Great Seale of that Kingdome , which being by Us for a time deposited into the custodie of Our Commissioner untill We should otherwise dispose of it , it was thought fit , that Our Commission to him should be attested , not onely by Our Great Seale , which he then had in his custodie , but by Our Privie Seale also , which was in the keeping of the Lord Privie Seale : After the Commission read , Our Commissioner exhorted them to a peaceable and moderate carriage , touching a little ( but with great discretion ) the disorderly proceedings which had been used before their meeting : At which a Nobleman Lay-Elder presently took fire ( an undoubted presage of their succeeding carriage ) and answered sharply , That they had given his Grace content for all their proceedings ; to which Our Commissioner replyed , That hee had never yet received any satisfaction from them in any of their proceedings , and , by way of attestation , called God to witnesse to it : It had like to have growne to a hot contestation , but that that night the Assembly was dismissed . The next day upon their first sitting down , they urged presently the choice of a Moderatour ; but Our Commissioner desired first Our Letter to the Assembly to be read , which was done , and it was thus : ALthough Wee be not ignorant that the best of Our actions have beene mistaken by many of Our subjects in that Our ancient Kingdome , as if Wee had intended innovation in Religion or Lawes ; yet considering nothing to be more incumbent to the duty of a Christian King , then the advancement of Gods glory , and the true Religion ; forgetting what is past , We have seriously taken to Our Princely consideration such particulars as may settle and establish the truth of Religion in that Our ancient Kingdome , and also to satisfie all Our good people of the reality of Our intentions herein , having indicted a free Generall Assembly to be kept at Glasgow the 21. of this instant ; Wee have likewise appointed Our Commissioner to attend the same , from whom you are to expect Our pleasure in every thing , and to whom Wee require you to give that true and due respect and obedience , as if Wee were personally present Our selves . And in full assurance of Our consent to what he shall in Our name promise , We have signed these , and wills the same for a testimonie to posterity to bee registred in the Bookes of the Assembly . At White-Hall the 29. of October . 1638. THen they called againe for the choice of a Moderator , at which time one Doctor Hammilton presented to Our Commissioner a Declinator and Protestation in the name of the Bishops against the Assembly , containing the nullities of it , with a desire that it might be read , and a publique Act entred for the production of it : Upon this there arose a very great heat in the Assembly , they alledging , that nothing could be done untill a Moderator was chosen ; and they did directly refuse to reade the said Declinator : upon which both Our Commissioner entred a Protestation in Our Clerke of Registers hands against the refusall of it , and tooke instruments thereupon ; and so likewise did Doctor Hammilton in the name of the Bishops . At last they proceeded to the choice of a Moderator , to which , before Our Commissioner gave way , hee entred ( as before ) another Protestation , that their Act of chusing should neither prejudice Our Prerogative and Authoritie , nor any Law or Custome of that Church and Kingdome , nor barre him ( when he should see cause ) from taking legall exceptions , either against the person elected , or the illegalitie of his election : And so they having put divers other stales upon the List , accordingly as it was resolved upon before at their Tables in Edinburgh , without one contrarie voice except his owne , who could not chuse himselfe , one Master Alexander Henderson , the prime and most rigid Covenanter in the Kingdome , was chosen Moderator . The third day Our Commissioner , at their first meeting , required againe that the Bishops Declinator and Protestation might be read , which hee conceived they had promised after the Moderator should be chosen : but they rejected it againe , adding then , that the Assembly must be fully constituted of all it members , and bee once an Assembly , before any thing could be presented to it : To which it was answered by Our Commissioner , That hee required it onely to be read , not to be discussed untill the members of the Assembly were constituted by allowing of their severall Commissions , because this Declinator contained reasons why either all , or at least some elected , should not be admitted Commissioners in the Assembly , because of the nullities of the elections expressed in the Declinator ; which reasons containing the said nullities , might perswade ( as they hoped ) with them , for the rejecting their Commissions , which could not bee done after their approving and allowing of them , and so by vertue of these Commissions , admitting them for constituted members of the Assembly . The reason why Our Commissioner did so earnestly urge the reading of that Declinator , was , because he did fore-see the fallacie which they meant to use , viz. The Declinator cannot be read before the Assembly bee constituted ; and they fearing that the Declinator contained reasons against the constitution of it by such members as were elected , and that after they were once admitted , it was too late to alledge any reasons ; for then they were sure to answer , that all elections were discussed , and the members of the Assembly received , and therefore nothing then to bee heard against either ; which indeed afterward was their very answer : There was nothing left here to Our Commissioner , but entring a Protestation as formerly , and solemnly calling themselves to witnesse , whether with any shew of justice the reading of the Bishops Protestation could bee denied before the elections were admitted , the principall aime of it being to shew reasons why they could not be admitted , wondering with what colour or face they ( above all men ) could doe it , who had read and published so many Protestations both against Our Proclamations and Acts of Our Councell ; and so , how they could denie to Our Commissioner a thing required in Our name , and by Our authoritie , which they themselves had practised without any warrantie or authoritie at all : But all in vaine ; for not the least resolution taken at Edinburgh must suffer any abatement : and therefore rejecting the reading of the Declinator , they first put by the Clerke of the Assembly his sonne , who by reason of his fathers sicknesse had a lawfull deputation from him , and whom ( as it seemeth ) they afterward wrought to a demission , and went on to the election of a new Clerke , whom without one contrarie voice they did chuse , viz. one Master Archibald Johnston an Advocate , the Clerke of their Tables at Edinburgh ; against whose election Our Commissioner likewise protested as formerly . At his admission hee made a short speech , declaring ( against his conscience ) his unwillingnesse to accept that charge , but yet affirming , that at this time hee would not bee wanting to contribute his part towards the defence of the prerogative of the Sonne of God ; as if that now had been in any danger . The fourth day they begun the reading of the severall Commissions . Our Commissioner , as formerly , entred a Protestation to take exception against their elections , in his owne due time ; onely hee was content they should goe on , that he might see their justice in allowing or disallowing the elections , of which he knew many to be very untoward , and made with violence : Now the Reader is carefully to observe their partialitie in admitting or rejecting elections : for wheresoever there was a Non-covenanter chosen ( of which number there were not above two or three ) or any moderate Covenanter , not designed by them at Edinburgh , and chosen according to their secret instructions ( with which the Reader shall afterward be made acquainted ) them they either quite rejected , or suspended from voice , untill some exceptions made against their election should bee discussed ; which they were sure should never bee done : as shall now appeare in these particulars . When the Commission from the Presbyterie of Peebles was read , there was presently read a Protestation and Petition given in by a meane Minister of that Presbyterie , not against the election it selfe ( for there did not appeare the least shew of exception against it when the Act of the Presbyterie was read ) but against some violence pretended to be used by Our Lord Treasurer , who , being an inhabitant within the precincts of that Presbyterie , was present at the election : The petition was conceived in very boisterous and uncivil terms : The Lord Treasurer answered all that was pretended so fully , that not any one in the Assembly seemed to bee unsatisfied ; there being not one election returned which was more punctually made , and that even according to their owne publique instructions : yet because the Commissioners elected , though Covenanters , were not the same who had been designed at Edinburgh , nor such as another Lord , dwelling in that Presbyterie , who was a Lay-Elder and Covenanter , had a mind to , the approbation of that Commission , and admission of these Commissioners most shamefully was put off and respited , untill that Petition and Protestation might be examined ; and so it was continued from time to time , though it were often called upon : Our Commissioner told them , That sure there were none present , who did not admire at these proceedings ; and that if the Petitioner failed in his probation ( which afterward hee did , and asked pardon for it ) hee deserved some exemplarie punishment to bee inflicted upon him , who had dared to traduce so great an Officer of State : In this particular it was too plain , that the poore Minister was onely set on to present this Protestation for the reasons now declared . After this , there arose a very hot contestation , concerning the election of the Lay-Elder for the Presbyterie of Brichen : The Earle of Montrose presented one Commission in which the Laird of Dunn was chosen Lay-Elder by the voyce of one Minister , and a few Lay-Elders : There was another Commission presented by that Presbyterie , in which was returned the Lord Carnaegie , lawfully chosen by the voyces of all the rest of the Ministers and Lay-Elders ; yet because the Earle of Montrose did oppose the election of the Lord Carnaegie , though his owne brother in law , all the Covenanters in the Assembly sided with the Laird of Dunn , for whom the Earle of Montrose stood , both of them being rigid Covenanters , against the other Lord who was a Covenanter likewise , but a more moderate one . And indeed , it was a wonder to see how openly all rules of justice without any feare or shame , were laid aside in this particular ; for though they did not approve the election of the Laird of Dunn , who wanted voyces to his election , yet they would not admit of the other , whose election admitted not the least scruple . In the agitation of this business , there fell out a memorable passage , of which the Covenanters were very much ashamed , because it betrayed one of their secret instructions , & it was this : There was written upon the back of that Commission which was tendered by the Lord Montrose , a Declaration wherein the lawfulnesse of that Commission , and the unlawfulnesse of the other was offered to be cleared , in which , among other things , it was objected against the Lord Carnaegie his election that it was made contrary to the directions of the Tables at Edinburgh ; which the Clerk perceiving , stopped , and would read no further . Our Commissioner hereupon required the Moderatour to give him a copie or extract of that paper which was last read , and of the names of those who had subscribed to it , and that subscribed by the hand of the Clerk of the Assembly . The Moderatour absolutely refused it : Our Commissioner told him , that he desired it to help him in Our service , that by it he might bee the better informed how to proceed in his objecting against such Commissions as he meant to challenge : The Moderatour againe refused to doe it , alledging , that the challenged Declaration was but accidentally written on the backe of the Commission ; Our Commissioner replyed , That could not be written privately or accidentally , which was given in publike to the Assembly , and that by a member of it , of so great place and quality , for a justification of his proceeding in that election ; and withall protested , That though he were not Our Commissioner , but the meanest subject of the land , he could not in justice be denied the copie of any thing exhibited in a Court of justice . But all in vaine : for after much cavilling by the Moderatour and other covenanting Lords , Our Commissioner desiring the Moderator to put it to voyces whether he could be denied a copie of it ; even that was refused him likewise , they being afraid , that the Assembly would not deny so notorious an act of justice : upon which Our Commissioner ( though mildly , yet with some expression of distast ) did thus deliver himselfe : Let God Almighty judge if this be a free Assembly , in which is denyed to his Majesties Commissioner that , which cannot be denyed to the meanest of his subjects ; and at last , hee tooke instruments in the hands of Our Clerke of Register , that he was refused the copie of a Declarator given in to the Assembly , delivered into the Clerkes hands , and publikely read by him , in which , amongst other things , was contained , that the election of the Lord Carnaegie , Commissioner from Brichen , was invalid , as being contrarie to the directions of the Tables of the Commissioners at Edinburgh ; which occasioned the Moderator to say , That Our Commissioner needed no copie of it , he had so faithfully repeated all that was contained in it : Our Commissioner hereupon , since he could not obtaine a copie of it , desired all present to be witnesses of what the Moderator had spoken , & that he had acknowledged his faithfull repetition of that part of the Declarator whereof he was refused the copie ; and thereupon againe tooke instruments . In this businesse Sir Lewis Stuart , one of Our Assessors to Our Commissioner , spake some few words ; which when the Moderator was about to answer , the Lord of Montrose forbid him to answer one who had no place to speake there : Afterward there arose a great contestation between the Earle of Southesk , one of Our Assessors , and the Moderator , with so much heat on the Moderators side , and some Lords who sided with him , that Our Commissioner was put to moderate the Moderator , and quench the heat of the Assembly ; for which many of them gave Our Commissioner thankes , and so all businesse was continued till Munday . On Munday , being the 5. day of their sitting , they went on in the rest of the controverted elections , refusing to heare the Lord Carnaegie his election discussed , but putting it off to a Committee : Master Andrew Logie Minister of Red , but a Non-covenanter , being returned a Commissioner from the Presbyterie of Garrioche , was refused to be admitted , though they laid not the least exception against his election : their pretence was , There was a Petition presented against him to the Assembly , and no voice must be allowed him , untill he had answered that : A very easie device for putting by any Commissioner whom they liked not , since it was no hard matter to find one to present a Petition against any man. Another Minister of the Channery of Rosse , and Archdeacon of Rosse , one Master William Mackeinzey , Commissioner from the Presbyterie of the Channery , upon certaine cavills both of his election and commission , which did beare , that he should continue there no longer then Wee or Our Commissioner should continue the Assembly , because the sole power of calling and dissolving of Assemblies did belong to Us , for the present was onely suspended from his voice ; the reason was plaine , he was a Non-covenanter , and had openly averred in the Assembly , that at their election the Ministers of their Presbyterie were threatned by those who brought Letters from the Tables , if they should returne the election of any , but such as they , who brought the Letters , desired . Two elections were returned from the Presbyterie of Aberdene , One of Covenanters , made by a few Ministers , but many Lay-Elders , at which neither the Moderatour nor the Clerke of the Presbyterie were present ; Another of Non-covenanters , which election was made onely by Ministers , and at which the Moderatour and Clerke were both present ; yet that other election , at the returne whereof there wanted the Clerkes hand , ( without which no Presbyteriall Act can bee taken for a Record ) was allowed , and the other rejected , upon the bare relation of one of the Covenanting Ministers who was returned wrongfully , and the attestation of the other whom the Moderatour openly in the Assembly called up and desired to testifie whether the relation of his fellow was true : an excellent way of proofe against a publique Record , to take the testimonie of one who was as wrongfully returned as the Relator . The Universitie of Aberdene sent none of their Professors to the Assembly , not daring to trust themselves upon the way , having been so much threatned with the losse of their lives for writing against the Covenant : Onely they sent one of their number , no Divine , but a Professor of Humanitie , to excuse their absence ; his Commission being read , gave him onely power to be there , and did constitute him their Agent in any thing which should concerne their Universitie ; requiring him to continue there , and from time to time to give them advertisement of all that passed . The Moderatour did justly affirme , That that was no Commission , the party having no power by it to give any voice in the Assembly , and so there was no more to be said to it : but immediately something being transmitted by whispering from eare to eare , untill it came to the Moderatours eare , the Moderatour begun presently to recant , and perusing his letter of credence , said , hee perceived that there was onely want of formalitie in the draught , which they might easily passe over ; and so they allowed that for a Commission which was none , and admitted him to have a voice in the Assembly , though the Universitie gave him no such power , nor would they have sent any Commissioner but a Divine . At this sudden change of the Moderatour , made in him by a whisper , many begun to smile , and to lay wagers that the party admitted was a Covenanter , which the Moderatour did not expect from that Universitie , and that this secretly-conveyed intelligence of it had changed him ; and indeed afterward it proved to be so . And thus the members of their Assembly were constituted , just as they had designed them ; at which they were mightily over-joyed , being now assured , that they might conclude what they pleased : And although it might in common reputation have better suited with the principles of wisedome , not to have taken exceptions against these few elections , which were made contrarie to their directions ( for thereby they had gained the opinion of impartialitie ▪ and had lost nothing of their power , those few voices not being able to carrie any thing against their great number ) yet such was their blind obstinacie , that they scorned that any one should sit there who runne not their rebellious courses , as holding it a dis-reputation to them if they should be thought to have abated any thing , not onely of their power but even of their will. Besides , not onely their peevishnesse , but even their pride appeared notably in one particular : Wee , in Our Letters to the Assembly , had nominated for Assessors to Our Commissioner these sixe : The Earle of Traquair Lord Treasurer , the Earle of Roxburgh Lord Privie-Seale , the Earle of Argyle , the Earle of Lauderdaile , the Earle of Southesk , Lords of Our Privie Councell , and Sir Lewis Stuart an Advocate , a farre fewer number then ever Our royall Father called to assist any of his Commissioners ; all which ever constantly had voices in the Assembly ; But here , though these sixe suffrages were able to doe nothing against their minds ; yet because they would be sure to clip the wings of Authoritie , they absolutely refused to let them have any voice at all , telling Our Commissioner , That he might consult with these Assessors if he pleased , but that they were to have no voice in the Assembly : affirming , with incredible impudence , That if We Our Selfe were there , We should have but one voice , and that not negative neither , nor more affirmative then any one member of the Assembly had : by which meanes they have published to the World this sweet and wholsome doctrine , That their King in their Ecclesiasticall Assembly hath no more power then any Towne-Clerke , Taylor , or Sadler who shall sit as a Lay-Elder there : which desperate opinion of theirs , doth plainly shew the reason why in their last publique instructions preceding the Assembly , they ordered , That every Lay-Elder from Presbyteries should come attended with three or foure , and every Commissioner from Burrowes with five or sixe of their owne ranke and qualitie , who should continue with them all the time of the Assembly , without whose advice they should not give voice to any thing ; a thing never heard of at any generall Assembly before . Sure they had heard and knew the number & names of the Assessors , whom Wee had appointed to assist Our Commissioner ; and therefore they would have every mechanicall Artizan , chosen a Lay-Elder for the Assembly , ( whom they held to have equall power with Us in it ) to carrie the same badge of power and state with Us , and to have their Assessors as well as We , and those equall in number to Ours , and the same power with Ours , of consulting , though not concluding : All which , whether royall Majestie and supreme Soveraigntie can or ought to digest , any reasonable man may judge . The Assembly being just now the same thing which the Tables were at Edinburgh in substance , but in condition far worse ( for here were none now but the most obstinate Covenanters , whom the severall Tables had picked out of all the packe ) and they meeting at the Towne-house of Glasgow alwayes before they met at the Church ( the place of the Assembly ) the Moderator being the same materially who governed them at Edinburgh , though not so formally chosen as now ; the Clerke of the Assembly being the same , who was Clerke to their Covenant and to their Tables at Edinburgh ; the members of the Assembly being the same who sate at their Tables there , and those the most corrupted and distempered of them all : who could now expect lesse insolent conclusions from this Assembly , then they had found from their Tables ? And indeed the very same were found : For immediately they bragged that now they were a constituted Assembly , and resolved to laugh at any who should quarrell with the elections which they had approved ; and especially at the Bishops Declinator , if it should containe any arguments to that purpose . The first Cocke who begun to crow upon this dunghill , though it were within night , no ordinarie time of crowing , was Master Andrew Ramsey a Minister of Edinburgh , who , getting up upon a stoole or fourme , made a very great bragge , offering by dispute to prove against any man the lawfulnesse of lay Elders , by Scripture , Antiquitie , Fathers , Councels , the judgement of all the Reformed Churches , even of the Church of England , who admitted them into the High Commission . Our Commissioner seeing him crowd so much in a very little room , told him that he runne no great hazzard or danger in his challenge ; for he was sure the Judges would bee his seconds : yet if it pleased him , hee would find one should enter into the Lists with him , either publiquely or privately , upon that quarrell ; but many of his brethren were not very well pleased with his glorious challenge , as making accompt that hee would never bee able to make good the greatest part of it : And with this bragge the Assembly dissolved for that night . The next day , being the 27. of November , after the Assembly was met , Our Commissioner urged once againe that the Bishops Declinator might bee read ; which was accordingly done by the Clerke of the Assembly . It was entertained with much jeering and laughter , and by transmission of a whisper from one eare to another , they resolved when it was read out to have received it with a generall hissing ; but yet by another generall whisper , transmitted as the former , that course was stopped . After it was ended , Our Commissioner spake home to them , for the necessitie of that Declinator , and the unavoidable strength of the reasons contained in the same , and in depressing , by way of parallel , their Libell against the Bishops : which hee spared not to call infamous and scurrillous , both in the matter of it , and the manner of promulging it ; and hereupon tooke instruments in Our Clerke of Registers hands , both for the production and reading of the Declinator . Some of the Lords of the Assembly offered to doe the like in the Clerk of the Assemblies hands , but Our Commissioner told him it was needlesse , since it was not tendered to the Assembly but to himselfe : First , the Moderatour in a short speech deplored the obstinacie of the Bishops hearts , who in all that Declinator had bewrayed no signe of remorse and sorrow for their wicked courses ▪ and then the Lords of the Assembly perceiving their errour , that they who found themselves to bee Judges , had offered to take instruments in the Clerkes hands of the production of any exhibits ( which was never heard to bee done by the Judge , but onely by the actor or plaintiffe ) prompted some young Noblemen , and Gentlemen Covenanters ( but not members of the Assembly ) then present , to demand instruments of the production of the Bishops Declinator ; in whose name one Gibson , one of the Clerkes of Our Session ( and so acquainted with Law termes ) both demanded instruments , and thundered out a verball Protestation , in such Law termes as was not easie to be understood by most of the auditors : The summe of what was understood , was this , That they would pursue their Libell against the Bishops so long as they had lives and fortunes , etiam in foro contentiosissimo , and required Doctor Hammilton their Proctor then present , to take notice that they cyted him to compeere die in diem till sentence were given . Our Commissioner first protested against that Protestation , and then discharged the Bishops Proctor from appearance before the Assembly , to which he had presented no Declinator ; but required him to appeare before himselfe , to whom it was presented , when he should require him : The Declinator of the Bishops here insueth . The Declinator and Protestation of the Archbishops and Bishops of the Church of SCOTLAND , and others their adherents within that Kingdome , against the pretended Generall Assemblie holden at Glasgow , Novemb. 21. 1638. WEE Archbishops , Bishops and other Under-subscribers for our selves and in name and behalfe of the Church of Scotland : Whereas it hath pleased the Kings Majestie to indict a generall Assemblie of the Church to be kept at Glasgow , Novemb. 21. 1638. for composing and setling of the distractions of the same , First do acknowledge and professe , That a Generall Assemblie lawfully called and orderly conveened is a most necessarie and effectuall meane for removing those evils wherewith the said Church is infested , and for setling that order which becommeth the house of God , And that wee wish nothing more then a meeting of a peaceable and orderly Assemblie to that effect . Secondly , we acknowledge and professe , as becommeth good Christians and faithfull subjects , that his Majestie hath authoritie by his prerogative Royall to call Assemblies , as is acknowledged by the Assemblie at Glasgow , 1610. and Parliament 1612. and that it is not lawfull to conveene without his Royall consent and approbation , except wee will put our selves in danger to bee called in question for sedition . Yet neverthelesse in sundrie respects , wee cannot but esteeme this meeting at Glasgow most unlawfull and disorderly , and their proceedings void and null in Law , for the causes and reasons following : First , before his Majesties Royall warrant to my Lord Commissioner his Grace to indict a lawfull free generall Assemblie , the usurped authoritie of the Table ( as they call it ) by their missives and instructions , did give order and direction for all Presbyteries to elect and chuse their Commissioners for the Assemblie , and , for seeking of Gods blessing to it , to keep a solemne Fast , Sept. 16. whereas his Majesties warrant for indicting of that Assemblie was not published till the 22. of that month : so that they preventing and not proceeding by warrant of Royall authoritie , the pretended Commissioners being chosen before the Presbyteries were authorized to make election , cannot bee reputed members of a lawfull Assemblie . A lawfull Assemblie must not onely be indicted by lawfull authoritie ( as we acknowledge this to be ) but also constituted of such members as are requisite to make up such a body . For if , according to the indiction , none at all do conveene , or where the Clergie is called there meet none but Laicks , or moe Laicks then of the Clergie , with equall power to judge and determine ; or such of the Laicks and Clergie as are not lawfully authorized , or are not capable of that employment by their places ; or such as are legally disabled to sit and decide in an Assemblie of the Church : a meeting consisting of such members cannot be thought a free and lawfull Assemblie : By that Act of Parliament Ja. 6. par . 3. cap. 46. 1572. Everie Minister who shall pretend to be a Minister of Gods Word and Sacraments , is bound to give his assent and subscription to the Articles of Religion contained in the Acts of our Soveraigne Lords Parliament , and , in presence of the Archbishop Superintendent or Commissioner of the Province , give his oath , for acknowledging and recognoscing of our Soveraigne Lord and his authoritie , and bring a testimoniall in writing thereupon , and openly upon some Sunday , in time of Sermon or publike Prayers , in the Kirk where hee ought to attend , read both the testimoniall and Confession , and of new make the said oath within a month after his admission , under the paine that every person that shall not do as is above appointed , shall ipso facto bee deprived , and all his Ecclesiasticall promotions and living shall bee then vacant , as if he were then naturally dead , and that all inferiour persons under Prelats be called before the Archbishops , Bishops , Superintendents and Commissioners of the Dioceses or Province , within which they dwell , as the Act beares . All of the Clergie conveened to this Assemblie pretend themselves to be Ministers of Gods Word and Sacraments , and have benefices or other Ecclesiasticall livings : yet neverthelesse the most part of them have never in presence of the Archbishop , Bishop , Superintendent or Commissioner of the Diocese or Province , subscribed the Articles of Religion contained in the Acts of Parliament , and given their oath for acknowledging and recognoscing our Soveraigne Lord and his authority , and brought a testimoniall thereof : and therefore they are ipso facto deprived , and their places voyd , as if they were naturally dead ; and consequently having no place nor function in the Church , cannot be Commissioners to this Assembly : hoc maximè attento , that the said persons not onely have never given their oath for acknowledging his Majesties authority , nor can shew no testimoniall thereupon , as they are bound by the said Act ; but also having as subjects comprehended in the representative body of this Kingdome , Promised to acknowledge , obey , maintain , defend , & advance the life , honour , safety , dignity , soveraigne authority , and prerogative Royall of his soveraigne Majesty , his heires and successours , and priviledges of his Highnesse Crowne , with their lives , lands , and goods , to the uttermost of their power , constantly and faithfully to withstand all and whatsoever persons , powers and estates , who shall presume , prease or intend any wise to impugne , prejudge , hurt or impaire the same , and never to come in the contrary thereof , directly or indirectly in any time comming ; as the Acts of Parliament Jacob. 6. Parl. 18. Cap. 1. Car. Parl. Cap. 1 : doe proport . And moreover , being obliged at their admission to give their oath for performance of this duty of their allegeance , and to testifie and declare on their conscience , that the King is the lawfull supreme Governour , as well in matters spirituall and Ecclesiasticall as temporall , and to assist and defend all jurisdiction and authority , belonging to his Majestie by the Act of Parl. 1612. yet notwithstanding of the said bands , acts and promises , whereby the said persons are so strictly bound to the performance of the premises , his Majestie having ordained by Act of Councell at Holy-rood-house Septem . 24. 1638. and proclamations following thereupon , that all his Majesties lieges of whatsoever estate , degree or quality , Ecclesiasticall or Temporall , should sweare and subscribe the said Confession , together with a generall band for defending his Majesties person and authority , against all enemies within this Realme or without , have not onely refused to subscribe the said band and Confession , but have in their Sermons and other speeches , disswaded , deterred , impeded and hindred others of the lieges to subscribe the same , and publickly protested against the subscription thereof : and thereupon cannot conveen nor concurre lawfully to the making up of the body of an Assembly of the Kirk , as being deprived and denuded of all place and function in the same . A generall Assembly was condescended to , out of his Majesties gracious clemencie and pious disposition , as a Royall favour to those that so should acknowledge the same , and acquiesce to his gracious pleasure , and carry themselves peaceably as loyall and dutifull subjects ; which the Commissioners directed to this Assembly supposed to bee of the number of those that adhere to the last Protestation made at Edinburgh , Sept. 1638. do not so account of , and accept , as appeares by the said Protestation , whereby they protest , That it shall bee lawfull for them , as at other times , so at this , to assemble themselves notwithstanding any impediment or prorogation to the contray ; as also by continuing their meetings and Table , discharged by authority , refusing to subscribe the band according to his Majesties and Councels command , for maintaining his Majesties Royall person and authority , protesting against the same , still insisting with the lieges to subscribe the band of mutuall defence against all persons whatsoever ; and remitting nothing of their former proceedings , whereby his Majesties wrath was provoked : thereby they are become in the same state and condition wherein they were before his Majesties Proclamation and pardon , and so forfeit the favour of this Assembly , and liberty to bee members thereof . And others of his Majesties subjects may justly feare to meet with them in this convention , for that by the Act of Parl. James 6. Parl. 15. cap. 31. Prelacies being declared to be one of the three Estates of this Kingdome , and by the Act of Parl. James 6. Par. 8. cap. 130. all persons are discharged to impugne the dignity and authority of the three Estates , or any of them in time comming , under the paine of treason . And whereas the King by his Proclamation declares Archbishops and Bishops to have voyce in the generall Assembly , and calls them to the same for that effect , as constantly they have been in use in all Assemblies ; where they were present , as appeares by many Acts of the generall Assemblie , ordaining them to keep and assist at the same , as in the Assembly at Edinburgh , Decemb. 15. 1566. At Edinburgh , 6. March 1572. At Edinburgh , May 10. 1586. and by a Letter written by the Assembly , March 6. 1573. to the Regent , earnestly desiring his owne or his Commissioners presence , and the Lords of Councell , and the Bishops at the Assembly ▪ They notwithstanding ▪ by the said Protestation , Septemb. 22 declared Archbishops and Bishops to have no warrant for their office in this Kirk , to be authorized with no lawfull Commission , and to have no place nor voyce in this Assembly ; and withall doe arrogate to their meetings a soveraigne authority to determine of all questions and doubts that can arise , contrary to the freedome of the Assembly , whether in constitution and members , or in the matters to be treated , or in manner and order of proceeding : which how it doth stand with his Majesties Supremacie in all causes and over all persons , wee leave it to that judgement whereunto it belongeth , and doe call God and man to witnesse , if these be fit members of an Assembly , intended for the order and peace of the Church . Giving , and not granting , that the persons foresaid directed Commissioners in name of the Clergy to this meeting , were capable of that authority , and that the said Presbyteries had the authority to direct Commissioners to the generall Assembly ; yet have they now lost and fallen from all such right , if any they had , in so farre as they have deposed the Moderatours , who were lawfully appointed to governe them , by the Bishops in their Synods , and elected others in their place , contrary to the Act of the Assembly at Glasgow 1610. and Act of Parl. 1612. ordaining Bishops to be Moderatours at these meetings ; and in their absence , the Minister whom the Bishop should appoint at the Synode . So these meetings having disclaimed the authority of Bishops , deposed their lawfull Moderatours , and chusing others without authority , cannot be esteemed lawfull convocations , that can have lawfull power of sending out Commissioners with authority to judge of the affaires of this Church . And yet doth the nullity of the Commissions , flowing from such meetings , further appeare in this , that they have associate to themselves a laick ruling Elder ( as they call him ) out of every Session and Parish , who , being ordinarily the Lord of the Parish , or a man of the greatest authority in the bounds , doth over-rule in the election of the said Commissioners , both by his authority and their number , being moe then the Ministers , whereof some being ordinarily absent , and five or six , or so many of them put in list , and removed , there remain but a few Ministers to voice to the election ; and in effect the Commissioners for the Clergie are chosen by lay-men , contrary to all order , decencie , and custome observed in the Christian world , no wise according to the custome of this Church , which they pretend to follow : the Presbyteries formerly never associating to themselves lay-elders in the election of the Commissioners to the generall Assembly , but onely for their assistance in discipline and correction of manners , calling for them at such occasions as they stood in need of their godly concurrence , declaring otherwise their meeting not necessarie , and providing expresly that they should not be equall , but fewer in number then the Pastours , as by Act of Assembly at Saint Andrews , April 24. 1582. ( where Master Andrew Melvill was Moderatour ) doth appeare . Like as these fourty yeares by gone and upwards , long before the re-establishing of Bishops , these lay-elders have not been called at all to Presbyteries . And by the Act at Dundie 1597. ( whereby it is pretended that Presbyteries have authoritie to send these lay Commissioners ) it doth no way appeare that those lay-elders had any hand in chusing of the Ministers : and this is the onely Act of the Assembly , authorizing Presbyteries to chuse Commissioners to the general Assembly : nor have lay elders sate ordinarily in Presbyteries upon any occasion these fourty yeares , and upwards , nor ever had any place nor voyce in the election of Ministers for the generall Assembly , and consequently those chosen by them to this Assembly have no lawfull power nor authority . Beside , the persons Ecclesiasticall , pretended to be authorized Commissioners to this Assemblie , have so behaved themselves , that justly they may be thought unworthy and uncapable of Commission to a free and lawfull Assemblie . 1. For that by their seditious and railing Sermons and Pamphlets , they have wounded the Kings honour and Soveraigne authoritie , and animated his liedges to rebellion , averring that all authoritie Soveraigne is Originally in the collective bodie , derived from thence to the Prince ; and that not onely in case of negligence , it is Suppletivè in the collective bodie , as being communicate from the Commontie to the King , Cumulativè not Privativè : but also in case of mal-administration , to returne to the collective bodie ; so that Rex excidit jure suo , and that they may refuse obedience . 2. Next , they are knowne to bee such as have either beene schismatically refractorie and opposite to good order setled in the Church and State ; or such as having promised , subscribed , and sworne obedience to their Ordinarie , have never made conscience of their oath ; or such as have sworne and accordingly practised , yet contrarie to their promise and practice , have resiled , to the contempt of authoritie , and disturbance of the Church ; or such as are under the Censures of the Church of Ireland , for their disobedience to order ; or under the Censures of this Church , or conveened , at least deserving to bee conveened before the Ordinaries , or a lawfull generall Assemblie , for divers transgressions deserving deprivation : As first , for uttering in their Sermons , rash and irreverent speeches in Pulpit against his Majesties Councell and their proceedings , punishable by deprivation , by the Act of Assemblie at Edinburgh , May 22. 1590. Next , for reproving his Majesties Lawes , Statutes , and Ordinances , contrarie to the Act of Assembly at Perth , Maii 1. 1596. Thirdly , for expressing of mens names in Pulpit ; or describing them vively to their reproach , where there was no notorious fault ; against another Act of the same Assemblie . Fourthly , for using applications in their Sermons , not tending to the edification of their present Auditorie ; contrarie to another Act of the same Assemblie . Fifthly , for keeping conventions not allowed by his Majestie , without his knowledge and consent ; contrarie to another Act of the same Assemblie . Sixthly , for receiving of people of other Ministers flocks to the Communion ; contrary to order , Acts of Assemblies and Councels . Seventhly , for intruding themselves into other mens Pulpits , without calling or authoritie . Eighthly , for usurping the authoritie to convent their Brethren , and proceed against them to the Censures of suspension and deprivation . Ninthly , for pressing the people to subscribe a Covenant , not allowed by authoritie ; and opposing and withstanding the subscribing of a Covenant offered by his Majestie , and allowed by the Councell : Beside many personall faults and enormities , whereof many of them are guiltie , which in charitie we forbeare to expresse . But hereby it doth appeare , how unfit these persons are to be members of a free and lawfull Assemblie . Nor doth it stand with Reason , Scripture , or practice of the Christian Church , that Lay-men should be authorized to have decisive voice in a generall Assemblie . In that Act of Dundie , 1597. whereby these Elders pretend to have this place , there is no warrant expressed for them , to deliberate and determine . Their presence and assistance wee approve , being allowed and authorized by the Prince . The Kings Majesties presence in person , or by his delegates , wee hold most necessarie to see all things orderly and peaceably done ; and that hee have the chiefe hand in all Deliberations and Determinations . Nor do we refuse that any intelligent or moderate man may make remonstrance of his opinion , with the reasons of it , in that way that becommeth him in a Nationall Assemblie , due reverence being kept , and confusion avoided . But that any Lay-man , except hee bee delegate by Soveraigne authoritie , shall presume to have a definitive and decisive voice , we esteeme it to bee intrusion uppon the Pastorall charge , and without warrant . May we not therefore intreat my Lord Commissioner his Grace , in the words of the Fathers of the fourth generall Councell at Chalcedon ? Mitte for as superfluos . Nor will a pious Prince bee offended with it ; but with Theodosius the younger will say , Illegitimum est , eum qui non sit in ordine Sanctissimorum Episcoporum Ecclesiasticus immisceri tractatibus — And Pulcheria the Empresse commanded Strategus , Ut Clerici , Monachi , & Laici virepellerentur , exceptis paucis illis quos Episcopi secum duxerunt . Upon this respect was Martinus in that Councell of Chalcedon moved to say ; Non esse suum , sed Episcoporum tantum , subscribere . If these pretended Commissioners , both Lay and Ecclesiasticall , were lawfully authorized , ( as it is evident they are not ) and for none other cause declinable , yet the Law doth admit , that justly a Judge may be declined , who is probably suspect : And of all probabilities , this is the most pregnant , when the Judge , before he come to judgement , doth give sentence of these things he hath to judge . This made our Reformers protestation against the Councel of Trent valide , and their not compearing justifiable , because Pope Leo 10. had precondemned Luther , as appeared by his Bull , dated 8. Junii 1520. renewed by Paul 3. dated in Aug. 1535. This was the cause why Athanasius would not give his appearance at some Councels , nor Hosius of Corduba , nor Maximus Patriarch of Constantinople . But so it is , the most part , if not all of the said Commissioners directed to this meeting , have precondemned Episcopall Government , and condemned , at least suspended obedience to the Acts of the generall Assemblie and Parliament concerning the five Articles of Perth , have approven their Covenant as most necessarie to be embraced of all in this Kingdome , and not onely have given judgement of these things before hand , but by most solemne oaths have bound themselves to defend and stand to the same : as doth appeare by their Covenant , Petitions , Protestations , Pamphlets , Libels , and Sermons : and therefore by no Law nor equitie can these pretended Commissioners bee admitted to determine in this meeting , concerning these persons and points , which before hand they have so unjustly condemned . Further , with no Law nor reason can it subsist , that the same persons shall be both Judges and Parties . And wee appeale the consciences of all honest men , if all , at least the greatest part of the pretended Commissioners , have not declared themselves partie to the Archbishops and Bishops of this Church : for in that they have declined the Bishops to be their Judges as being their partie , ( as their Declinators , Petitions , Declarations and Protestations do beare ) have they not simul & semel , & ipso facto declared themselves to bee partie against Bishops ; whom they have not onely declined , but persecuted by their calumnies and reproaches vented by word and writ , in publike and in private , by invading their persons , opposing and oppressing them by strength of an unlawfull Combination ; for the subscribing and swearing whereof , they have by their owne authoritie indicted and kept Fasts , not onely in their owne Churches , but where worthie men refused to bee accessorie to these disorderly and impious courses , they have ( by aid of the unruly multitude ) entred their Churches , usurped upon their charges , reading and causing to bee read that unlawfull Covenant ; by threatning and menacing compelling some ( otherwise unwilling ) out of just feare to set their hands to it ; by processing , suspending , and removing obedient and worthie Ministers from their places by the usurped authoritie of their Table and Presbyteries ? And whereas by all Law and Justice , persons finding themselves wronged in judgement , have never beene denied the remedie of declinatorie and appellation ; neverthelesse not a few of these Presbyteries have proceeded against sundrie worthie Ministers , who have declined and appealed from their judgements , without respect to this defence ; by these meanes craftily intending to disable them to bee Commissioners for the Church ; directly or indirectly causing their stipends to bee kept back from them : By which meanes not the least part of the subscribing Ministers have beene gained to their Covenant . But it is without example uncharitable and illegall , that under the pretext of summons ( the like whereof was never used , nor in the like manner against the most hainous malefactors in the Kingdome ) they have devised , forged , vented , and published a most infamous and scurrile Libell , full of impudent lies and malicious calumnies against the Archbishops and Bishops of this Church ; and have first given out from their Table , the order prescribed in these subsequent Articles , which we have insert , that the world may bee witnesse of the illegalitie and maliciousnesse of their proceedings . I. TO desire the Presbyterie of every Bishop , especially where he keeps his residence , as also the Presbyterie where his Cathedrall seat is , to have a speciall care of this Bill and complaint against the Prelats , and particularly against the Bishop of their Diocese . II. That some Noblemen ( if any be within the Presbyterie ) some Gentlemen and Barons , some Ministers , and some Commons , who are not chosen Commissioners to the Assemblie , in their owne Name , and in Name of all other Covenanters or Complainers , either within the Presbyterie , or Diocese , or whole Kingdome , who are not Commissioners to the Assemblie , will adhere and assist in this Complaint , that they present this Bill to the Presbyterie . III. That they who are Complainers have a particular care to fill up the Blanks left in the Bill , in the subsumptions of the particular faults committed by the Bishop of the Diocese , against these generall Rules , Canons and Acts : or if these Blanks will not containe the same , that the Complainers draw up in a particular claime , all the particular faults and transgressions of the Bishop of that Diocese , against these Rules , Canons , and Acts , or any other Law of the Church or Kingdome , and present the same to the Presbyterie with this generall complaint . And if they cannot get the particulars presently ready , notwithstanding they present without any delay , because of the scarcenesse of the time , this complaint as it stands with the Blanks : and in the meane time , may gather any other particulars against the Assemblie , to which this complaint is to be referred . IIII. That the Presbyterie finding the complaint important , and the generall Assemblie so approaching , referre the same to the generall Assemblie , by an Act of this reference insert in the Books of the Presbyterie . V. That upon this reference of the complaint to the Assemblie , the Presbyterie admonish the complainers apud acta , to be present at the said Assemblie , for assisting and verifying of the said complaint . VI. That the Presbyterie ordaine all their Pastors , out of Pulpit on a Sabbath day before noone , to cause read publikely this whole complaint and the Presbyteries reference to the Assemblie , and so to admonish the Bishop of that Diocese , the delinquent complained upon , with the rest of his colleagues to be present at the generall Assemblie , to answer to the particular complaint , both in the particular and generall Heads thereof , given or to be given in ; and to abide the censure and triall of the Assemblie thereupon . And likewise , out of Pulpit to admonish all others who have interest either in the pursuing or referring this complaint , to be present at the said Assemblie . VII . That the Presbyterie insert in their Presbyterie-Books the whole tenour of this complaint , both in the generall and particular Heads thereof ; and that they have a care to cause deliver by their ordinarie Beadle , to the Bishop of the Diocese , a copie thereof , and a copie of an Act , referring the same to the Assemblie , and summon him to compeare before the Assemblie . And if he be within the countrey , and cannot be personally apprehended , to affix a full copie thereof upon each dwelling place , and upon the most patent doore of the Cathedrall Church and Episcopall seat . VIII . That the complainers within the Presbyterie where the Bishop is resident , or hath his Cathedrall , be carefull to keep correspondence with those in other Presbyteries within their Diocese , who best can specifie and verifie their Bishops usurpation and transgressions , and who had particular Articles to gather particular Declarations and Informations of the same . IX . That some of these complainers in their owne name , and with Warrant and power from the rest , without failing attend the Assemblie with the generall complaint and particular verifications and specifications of the same . X. That in case the Presbyterie where the Bishop hath his residence , or where he hath his Cathedrall and Episcopall seat , refuse to receive this complaint , or referre the same to the Assemblie , or to admonish or cyte the Bishop delinquent before the Assemblie , to answer to the complaint ; that the Gentlemen and others who are complainers to the Presbyteries , upon their refusall take instrument in the hands of the Clerk of the Presbyterie , or any Notarie , and protest that their refusall of the ordinarie care of Justice , procured ( without doubt ) by the Bishop of that Diocese delinquent complained of , the equivalent of Law and Reason , be a formall cytation of him . Which Protestation they may affix upon the dwelling house of the said Bishop , or upon his Cathedrall Church , or the prime Church within the Presbyterie . And that they may deale with any other Presbyterie within the Diocese , who is better disposed , and upon their receit of the complaint , will referre the same to the Assemblie , and cyte the Bishop in manner above expressed , to compeare before the said Assemblie . XI . Item , perhaps some Minister within the Presbyterie may thinke some Heads of this Complaint not to be relevant in his Opinion , or know the Bishop not to be guiltie of all the particular Heads contained therein : yet hee in Justice cannot refuse to referre the triall of the Relevancie and Probation thereof to the generall Assemblie ; especially seeing the Relevancie and Probation of moe or fewer Points against the Bishop of the Diocese is sufficient , and seeing the subsumption of every particular Head is against the Bishop of the Diocese , with his Colleagues . XII . Item , To desire the Presbyterie , upon Complaints upon any persons within the same , against any scandalous Minister either in Doctrine or Life , either to judge the Complaint , or referre the same to the triall and censure of the generall Assemblie , and so to admonish and cyte the Ministers complained upon , to compeare before the generall Assemblie for that end . According to which Articles , upon Sunday , Octob. 28. they caused read the said Libell in all the Churches of Edinburgh notwithstanding my Lord Commissioners command given to the Provost and Bailies to the contrarie , except in Holy-rood-house , where it was read the next Sunday , as it was in other Churches of the Kingdome ; proceeding herein 1. Against all charitie , which doth not behave it selfe unseemely , nor delighteth in the discoverie of mens nakednesse , nor take up a reproach , nor backbite with the tongue ; much lesse to write a book against a brother . 2. Against the order prescribed by the Apostle not to rebuke an Elder , but to intreat him as a Father : and by the Act of Parliament , Jam. 6. par . 8. discharging all persons to impugne or to procure the diminution of the authoritie and power of the three Estates or any of them . 3. Against all lawfull and formall proceeding , especially that prescribed by the Act of generall Assemblie at Perth , Martii 1. 1596. whereby it is ordained , that all summons containe the speciall cause and crime , which the said Libell doth not ; naming onely generall calumnies , reproaches and aspersions , without instruction of any particular , but leaving these to be filled up by malitious delation , after they have defamed their Brethren by publishing this Libell ; as appeares by the 8. and 11. Articles of the said instructions : and against the order prescribed by the Assemblie at Saint Andrewes , Aprill 24. 1582. whereby it is enacted , that in processe of deprivation of Ministers , there be a libelled precept upon fortie dayes warning , being within the Realme , and threescore dayes , being without the Realme , to bee directed by the Kirke and such Commissioners thereof , as elects and admits the person complained of , summoning them to compeare and answer upon the complaint . And in case of their absence at the first summons , the second to be directed upon the like warning , with certification , if he faile , the Libell shall be admitted to probation , and he shall be holden pro confesso . Which forme not being kept in a summons inferring the punishment of deprivation , the same cannot be sustained by the order of that Assemblie . 4. Against common equitie which admits summons onely by the authoritie of that Judge before whom the delinquent is to compeare ; whereby the summons directed by the authoritie of these pretended Presbyteries , cannot sustaine for compearance before the generall Assemblie , nor could reference be made from the Presbyterie to the generall Assemblie , the parties never being summoned to compeare before the Presbyterie , whereby either in presence of the partie , or in case of contumacie , the complaint might be referred to the Assemblie . That there was no cytation before the reference , is cleare by the said instructions . And what a strange and odious forme it is to insert such a calumnious Libell in the Presbyterie books , without cyting of the parties to answer thereto : and to cyte Bishops before the generall Assemblie by the said Libell , by publishing the same at Churches , to which they had no relation and were many miles distant , Wee leave it to the judgement of indifferent men . 5. Against all decencie and respect due to men of their place , the said persons being men of dignitie , and some of them of his Majesties most honourable privie Councell , and knowne to bee of blamelesse conversation , and to have deserved well , thus to bee reviled and traduced , doth redound to the reproach of Church and State , and of the Gospell whereof they are Preachers . 6. Lastly , to omit many other informalities against their owne consciences , which wee charge in the sight of God , as they must answer before his great and fearefull tribunall , if they suspect and know not perfectly , according to the judgement of charitie , them whom they thus accuse , to bee free of these crimes wherewith they charge them , at least of many of them ; as appeares evidently by the 11. Article of the said instructions , having therein libelled the generall , and have yet to seek the specification thereof , from the malice of their neighbours , if so bee they can furnish it . By which informall and malicious proceeding , it is most apparent , that our said parties do seek our disgrace and overthrow most maliciously and illegally . And therefore wee call heaven and earth to witnesse , if this bee not a barbarous and violent persecution , that all circumstances being considered , hath few or none to parallel it since the beginning of Christianitie ; and if wee have not just cause to decline the said pretended Commissioners as our partie . Moreover , can these men expect , but in a lawfull Assemble they were to bee called and censured for their enorme transgressions foresaid ? And will any man thinke , that they can bee judges in their owne cause ? It is alleadged out of the Canon-Law against the Pope , that if the Pope be at variance with any man , he ought not to bee Judge himselfe , but to chuse arbitrators . And this may militate against them , except they be more unruly then Popes . Ludovicus Bavarus and all the Estates of Germanie with him , did plead this nullitie against the sentence and proceeding of Pope John 22. and of his Councell : And the Archbishop of Cullen 1546. did plead the nullitie of Paul 3. his Bull of excommunication , because hee protested , that so soone as a lawfull Councell should be opened , hee would implead the Pope as partie , being guiltie of many things censurable by the Councell . But the late Protestation doth shew the authors thereof to bee no lesse injurious to our place and authority , then they are over-weening of their owne . For it is against reason and practice of the Christian Church , that no Primate , Archbishop , nor Bishop , have place nor voice deliberative or decisive in generall Assemblies , except they be authorized and elected by their Presbyteriall meetings , consisting of preaching and ruling Elders ( as they call them ) and without warrant or example in the Primitive and purest times of the Church . This also doth inferre the nullitie of an Assemblie , if the Moderator and President for matters of doctrine , and discipline , shall bee neither the Primate , Archbishop , nor Bishop , but hee who by pluralitie of Presbyters and Lay-mens voices shall bee elected : which happely may be one of the inferiour Clergie , or a Lay-person , as sometimes it hath fallen out : Whereas canonically , according to the ancient practice of the Church , the Primate should preside , according to the constitution of the first Councell of Nice Can. 6. of Antioch Can. 9. and of the Imperiall Law Novell . constitut . 123. cap. 10. and according to our owne Law. For what place in Assemblies Archbishops and Bishops had in other Christian Nations , the same they had ( no doubt ) in Scotland , and yet still do retaine , except by some municipall Law it hath beene restrained , which cannot be showne . For the restraint of their authoritie by the Act of Parliament 1592. is restored by the Act of Parliament 1606. and 1609. and all Acts prejudiciall to their jurisdiction abrogated . Neither doth that Act 1592. establishing generall Assemblies , debarre Bishops from presiding therein ; nor the abrogation of their Commission granted to them by Act of Parliament in Ecclesiasticall causes , imply and inferre the abrogation of that authoritie which they received not from the Parliament but from Christ , from whom they received the spirituall oversight of the Clergie under their charge ; whereto belongeth the Presidentship in all Assemblies for matters spirituall , alwayes with due submission to the supreme Governour : which is so intrinsecally inherent in them , as they are Bishops , that hoc ipso that they are Bishops , they are Presidents of all Assemblies of the Clergie : as the Chancellour of the Kingdome hath place in Councell and Session , not by any Act or Statute , but hoc ipso that he is Chancellour . By Act of Parliament Bishops are declared to have their right in Synods and other inferiour meetings , but by no Law restrained nor debarred from the exercise of it in Nationall Assemblies : and the law allowing Bishops to bee Moderators of the Synods , doth present a list in absence of the Metropolitan , to whom of right this place doth belong , as said is , out of which the Moderator of the generall Assemblie shall be chosen . For , is it not more agreeable to reason , order , and decencie , that out of Moderators of Synods a Moderator of the generall Assemblie should be chosen , then of the inferiour Clergie subject to them ? As concerning that Act of the generall Assemblie 1580. whereby Bishops are declared to have no warrant out of Scripture ; if corruption of time shall bee regarded , the authoritie of that Assemblie might bee neglected no lesse then that at Glasgow , 1610. But it is ordinarie that prior Acts of Assemblies and Parliaments give place to the posterior : for Posteriora derogant prioribus . And there past not full six yeares when a generall Assemblie at Edinburgh found , that the name of Bishops hath a speciall charge and function annexed to it by the word of God ; and that it was lawfull for the generall Assemblie to admit a Bishop to a benefice , presented by the Kings Majestie , with power to admit , visite , and deprive Ministers , and to be Moderators of the Presbyteries where they are resident , and subject onely to the sentence of the generall Assemblie . As for that Act at Mont rose , let them answer to it that have their calling by that Commission . Wee professe that wee have a lawfull calling by the election of the Clergie , who are of the Chapiter of our Cathedrals , and consecration of Bishops by his Majesties consent and approbation , according to the laudable Lawes and ancient custome of this Kingdome , and of the Church in ancient times , and do homage to our Soveraigne Lord for our Temporalities , and acknowledge him solo Deo minorem , next unto God in all causes , and over all persons Spirituall or Temporall , in his owne Dominions supreme Governour . But now wee may take up Cyprian his complaint , Lib. 3. Ep. 14. Quod non periculum metuere debemus de offensâ Domini , quando aliqui de Presbyteris nec Evangelii nec loci sui memores , sed neque futurum Dei judicium , neque praepositum sibi Episcopum cogitantes , quod nunquam omnino sub antecessoribus factum est , cum contumelia & contemptâ praepositi , totum sibi vendicent ? Atque utinam non prostratâ fratrum nostrorum salute sibi omnia vendicarent . Contumelias Episcopatûs nostri dissimulare & ferre possem , sicut dissimulavi semper & pertuli ; sed dissimulandi nunc locus non est , quando decipiatur fraternitas nostra à quibusdam vestrûm , qui dùm sine ratione restituendae salutis plausibiles esse cupiunt , magis lapsis obsunt . Lastly , it is most manifest by the premises , how absurd it is , and contrarie to all reason and practise of the Christian Church , that Archbishops and Bishops shall bee judged by Presbyters ; and more absurd , that they should bee judged by a mixt meeting of Presbyters and Laicks , conveening without lawfull authoritie of the Church . How , and by whom they are to bee judged , according to the custome of ancient times , may be seene by the Councell of Chalcedon , Can. 9. and Concil . Milevit . Can. 22. and Concil . Carthag . 2. Can. 10. Nor do wee decline the lawfull triall of any competent judicatorie in the Kingdome , especially of a generall Assemblie lawfully constitute , or of his Majesties High Commissioner , for any thing in life or doctrine can be laid to our charge : onely we declare and affirme , That it is against order , decencie , and Scripture , that we should be judged by Presbyters or by Laicks , without authority and Commission from Soveraigne authoritie . For the reasons foresaid , and many moe , and for discharge of our dutie to God , to his Church , and to our Sacred Soveraigne , lest by our silence we betray the Churches right , his Majesties authoritie , and our owne consciences , We for our selves , and in name of the Church of Scotland , are forced to protest , That this Assemblie bee reputed and holden null in Law Divine and humane , and that no Church-man bee holden to appeare before , assist or approve it ; and therefore , that no letter , petition , subscription , interlocutor , certification , admonition , or other Act whatsoever proceeding from the said Assemblie , or any member thereof , be any wise prejudiciall to the Religion and Confession of Faith by Act of Parliament established , or to the Church , or any member thereof , or to the jurisdiction , liberties , priviledges , rents , benefices , and possessions of the same , Acts of generall Assemblie , of Councell and Parliament in favours thereof , or to the three Estates of the Kingdome , or any of them , or to us , or any of us , in our persons or estates , authoritie , jurisdiction , dignitie , rents , benefices , reputation , and good name : but on the contrarie that all such Acts and deeds above mentioned , and everie one of them , are , and shall be reputed and esteemed unjust , illegall and null in themselves , with all that hath followed or may follow thereupon . And forasmuch as the said Assemblie doth intend ( as wee are informed ) to call in question , discusse , and condemne things not onely in themselves lawfull and warrantable , but also defined and determined by Acts of generall Assemblie and Parliaments , and in practice accordingly , to the disgrace and prejudice of reformed Religion , authoritie of the Lawes and Liberties of the Church and Kingdome , weakning his Majesties authoritie , disgracing the profession and practice which hee holdeth in the Communion of the Church where hee liveth , and branding of Reformed Churches with the foule aspersions of Idolatrie and superstition ; wee protest before God and man , That what shall bee done in this kinde , may not redound to the disgrace or disadvantage of Reformed Religion , nor be reputed a deed of the Church of Scotland . Wee protest that wee imbrace and hold , that the Religion presently professed in the Church of Scotland , according to the Confession therof , received by the Estates of this Kingdome , and ratified in Parliament the yeare 1567. is the true Religion bringing men to eternall Salvation , and do detest all contrarie errour . Wee protest , that Episcopall government in the Church is lawfull and necessarie : and that the same is not opposed and impugned for any defect or fault , either in the government or Governours ; but by the malice and craft of the Devill , envying the successe of that government in this Church these many yeares by-past , most evident in planting of Churches with able and learned Ministers , recovering of the Church rents , helping of the Ministers stipends , preventing of these jarres betwixt the King and the Church , which in former times dangerously infested the same , keeping the people in peace and obedience , and suppressing of Poperie , which , in respect either of the number of their professors , or boldnesse of their profession , was never at so low an ebbe in this Kingdome as before these stirres . We protest that , seeing these who for scruple of conscience did mislike the Service Book , Canons , and High Commission , which were apprehended or given forth to be the cause of the troubles of this Church , have now received satisfaction , and his Majestie is graciously pleased to forget and forgive all offences by-past in these stirres , that all the subjects of this Kingdome may live in peace and Christian love , as becommeth faithfull subjects and good Christians , laying aside all hatred , envie , and bitternesse ; And if any shall refuse so to do , they may beare the blame , and be thought the cause of the troubles that may ensue : and the same bee not imputed to us , or any of us , who desire nothing more , then to live in peace and concord with all men under his Majesties obedience ; and who have committed nothing against the Lawes of the Kingdome and Church , that may give any man just cause of offence ; and are so farre from wishing hurt to any man , in his person or estate , notwithstanding all the indignities and injuries wee have suffered , that for quenching this present combustion , and setling peace in this Church and Countrey , wee could bee content ( after clearing of our innocencie of all things wherewith wee can bee charged ) not onely to lay downe our Bishopricks at his Majesties feet , to bee disposed of at his Royall pleasure , but also , if so bee it pleased God , to lay downe our lives , and become a sacrifice for this attonement . We protest in the sight of God , to whom one day we must give account , that we make use of this Declinator and Protestation out of the conscience of our dutie to God and his Church , and not out of feare of any guiltinesse , whereof any of us is conscious to himselfe , either of wickednesse in our lives , or miscarriage in our callings ; being content everie one of us , for our owne particular ( as wee have never showne our selves to be otherwise ) to undergo the lawfull and most exact triall of any competent judicatorie within this Kingdome , or of his Majesties High Commissioner . And we most humbly intreat his Grace to intercede with the Kings Majestie , that he may appoint a free and lawfull Generall Assemblie , such as Gods word , the practice of the Primitive Church , and Lawes of the Kingdome do prescribe and allow , with all convenient speed , to the effect the present distractions of the Church may bee setled . And if there be any thing to be laid to the charge of any of the Clergie , of whatsoever degree , either in life and manners , or doctrine , or exercise of his calling and jurisdiction , hee may bee heard to answer all accusations , and abide all triall , either for clearing his innocencie , or suffering condigne punishment , according to his transgressions : declining alwayes this Assemblie , for the causes above written : Like as by these presents , we , and everie one of us , decline the same , the whole members thereof , and Commissioners foresaid directed thereto , and every one of them . We protest , that this our Protestation , in respect of our lawfull absence , may bee received in the name of us under-subscribing for our selves , and in the name of the Church of Scotland that shall adhere to the said Protestation , and in the name of everie one of them , from our welbeloved Dr. Robert Hamiltoun Minister at Glasford , to whom by these presents we give our full power and expresse mandate to present the same in or at the said Assemblie , or where else it shall be necessary to be used , with all submission and obedience due to our gracious Soveraigne and his Majesties high Commissioner : and upon the presenting and using thereof , acts and instruments to crave , and all other things to do that necessarily are required in such cases : firme and stable holding , or for to hold , what he , or any of them , shall lawfully do in the premises . In witnesse whereof , as wee are readie with our bloud , so with our hand wee have subscribed these presents , at the Palace of Holy-rood-house , New-castle , and Glasgow , the 16.17 . and 20. dayes of Novemb . 1638. & sic subscribitur . Jo. S ti Andreae Arch. Pa. Glasgow . Da. Edinburgen . Tho. Gallovidien . Jo. Rossen . Walterus Brechinen . AFter these passages , there were read divers Protestations at Our Commissioners instance , from severall places against the lawfulnesse of this Assembly , both in regard of the Lay-Elders present in it , and the Ministers Commissioners in it chosen by Lay-Elders : One sent from many Ministers , and read publiquely , doth here follow . The Supplication and humble Remonstrance of the Ministers of the Church of Scotland , presented to his Majesties High Commissioner and generall Assembly held at Glasgow in November , 1638. May it please your Grace , ANd you right Noble , Right Worshipfull , and you most Reverend brethren , conveened by his Majesties Proclamation in this venerable nationall Assembly , to consult upon the most convenient wayes , and to enact such Ecclesiasticall Lawes , as to your wisedomes seemes most expedient , for preserving of peace and truth in this Church , for which ends wee from the bottome of our hearts ( as feeling members of the same ) earnestly intreat him , who hath promised to be with his owne to the end of the world , by his spirit and grace , so to direct and assist your wisedomes , that by this long expected meeting , glory may redound to his ever glorious Name , and peace to this rent Church , which all the members thereof , with most earnest wishes , expect at your hands . For the present , we thought it our duty , as those whom it doth most clearly concerne ( our great Shepheard having committed to our charge a part of that Flock which he hath redeemed with his precious bloud ) to present unto you our just feares which arise from the sudden incroaching of the Laick ( now called Ruling ) Elders , in divers Presbyteries of this Kingdome , having chiefe hand in chusing of Commissioners there , lest they , with Commissioners thus elected , may bring upon the neck of the Ministery and Church here , the heavie yoake of over-ruling Elders in all times comming , to the no small hurt of us and our successors in the Gospel , except timely remedy be provided . Our humble supplication therefore to your Grace , and Members of this present Assembly , is , that all these Commissioners thus chosen by the voyce of Laick Elders , and in whose Commissions they have had hand , may be removed , as men to whose voyces and judgements we cannot submit our selves in matter of Church government , for the just feares above exprest , they being justly suspect Judges not to be admitted , and their elections and Commissions void for reasons following : First , there is no Law in this Kingdome whereby Laick Elders have any voyce in chusing Commissioners to Generall Assemblies ; the chusers therefore having no legall power to elect , those that are chosen by such , can have no place nor voyce in this Assembly . Secondly , albeit there have beene heretofore , and before Churches were fully planted , a custome that Laick-Elders did sit in Presbyteries , yet that custome hath beene these 35. yeeres by-past , universally ( and above forty yeeres in most Presbyteries ) interrupted ; which prescription is sufficient to make voyd any such custome : so that it can be no sufficient warrant for them to sit and voyce in Presbyteries now , much lesse to intrude themselves ( as they have done in many Presbyteries ) contrarie to the minds and publicke protestation of the Ministerie . Thirdly , when Laick-Elders had place in Presbyteries , yet it was ordained that the voyces should not be equall in number , with the voyces of the Ministerie , as is to be seene in the booke of discipline Chapter . But in this election , their number were not onely equall , but in most parts more , because out of every Parish there was a Laick-Elder , and so at least equall in number ; and in election of these Commissioners , against whose election we except , there was put upon the list six in some places , and in others foure of the Ministers , who being removed , in their absence the choyce was made when the Laick-Elders by six or foure at the least exceeded the Ministers in number of voyces , yea in some Presbyteries the Laick-Elders were twice so many in number ; so that these Commissioners are mainly chosen by the Laitie , and not by the Ministers , neither can wee acknowledge them for ours . Fourthly , these Laicke-Elders did of old onely assist in Discipline , not medling with points of Doctrine ( suffering the spirit of the Prophets to be subject to the Prophets , according to the Apostolicall rule ; ) but now they intrude themselves to sit and voice in the Presbyteries in matters of Doctrine , and have given Commission to those whom we except against , to voyce in this venerable Assembly , in Doctrine aswell as in matters of Discipline ; which Commissions are null , as proceeding à non habente potestatem . For these and other most weighty causes , the election of such Commissioners , and their place in this Assembly being so dangerous to the Church , threaten the same with the most intolerable yoak of bondage to be laid upon the neck of the Presbyteries by Laick over-ruling-Elders , to the prejudice of the liberties of the said Presbyteries , and whole Discipline of this Church . We could not , out of conscience to God , our callings , and flocks , but make humble remonstrance of the same to your Grace and members of this grave Assembly : withall protesting , both in our own names , and in name of all the Ministerie and body of this Church that will adhere to this present supplication , that all sentences , conclusions , Canons , Statutes , and Ordinances , which shall be made in that Assembly wherein the foresaid Commissioners shall have determinative voyces , to be voyd , null , and of no effect to oblige us or any of us to the obedience of the same : But if this our just supplication be not admitted ( which we hope and earnestly pray may be graciously accepted ) then this our protestation may be of force against such Lawes and proceedings that may follow thereupon . Thus hoping for your charitable construction of this our necessarie duty in so eminent a danger of the Church , and humbly intreating these presents may be put upon Record , We rest . ANd when the Protestation of the Presbyterie of Glasgow ( which was a very strong one ) begun to bee read , the Principall of the Colledge there desired the forbearance of it for a time ; to which the Moderatour gladly yeelded : but Our Commissioner , who had delivered it in with his owne hands , pressed the reading of it out ; which the Moderatour refused , alledging that any man might withdraw his owne Protestation , much more desire the forbearance of reading of it : to which Our Commissioner replyed , That the Protestation was subscribed not onely by the hand of the Principall , but the major part of the Ministers of that Presbyterie , of whom many were Covenanters ; that in all their names it was presented unto him , and therefore could not be re-called by any one of them , without the consent of the rest , praying him that it might bee read out to the end : but all in vaine ; for no justice could be had from them , especially in a point which so much concerned their reputation : for they conceived it would bee a great blurre to their businesse , if a Protestation ( made by that Presbyterie , in which was the seat of the Assembly ) should bee knowne : and therefore they would neither reade it , nor did they deliver it backe againe , against all rules both of justice and equitie : After this contest the Assembly for that night was dismissed . Our Commissioner wondring that the Principall of the Colledge should in publique desire the forbearance of publishing the Protestation of the Presbyterie of Glasgow in the Assembly , used meanes to know the reason of it , and found by the averment of persons of good credit upon their owne knowledge , that the night before late at ten of the clocke , the Lord Lowdan and the Moderatour , with divers others Covenanting-Ministers , had been with the Principall , and told him , that the Presbyteriall Protestation would make a great division amongst them ; that unlesse he did withdraw it , hee must never looke to live quietly in Glasgow , nor any where in Scotland ; that the Principall told them , it was presented to Our Commissioner , from whom it was not possible to recover it ; that then by the same threatnings they adjured him to desire the forbearance of reading of it , if it should bee tendered to the Assembly ; that after they were parted from him , his wife all in teares begged the like of him , affirming , that the Lord Lindsey had been with her , and sworne to her , that both he and his must be utterly ruined , if shee could not prevaile with him for re-calling that Protestation . This and many other passages heretofore mentioned , banishing quite out of Our Commissioners mind , and the minds of all Our well affected Councellours there present , all hopes , not onely of just and faire , but even of formall proceedings in that Assembly , where not so much as the shew and countenance of justice was to be discerned , nor any thing but the power and obstinate wilfulnesse of the Covenanters , and the unanswerable nullities of this Assembly , in regard both of the members elected , and the manner of their election , being throughly considered , and the reasons of the Bishops Declinator presented to Our Commissioner being seriously weighed , by which they did not decline the judgement of a generall Assembly lawfully constituted , but onely of this Assembly , which was to bee accounted far rather a Laicall convention , then Ecclesiasticall , all the members whereof had barred themselves from being Judges by their solemn oath of combination for the rooting out of that Kingdome both the Bishops persons and callings ; to whose sentence We or Our Commissioner could not deliver them over without betraying all courses of justice , and denying to Our Bishops that protection which cannot bee denied by Us to any of Our subjects , viz. the benefit of the Lawes of that Our Church and Kingdome : And besides , Our Commissioner having certaine and unquestionable intelligence of the Covenanters unmoveable resolution , that although the Assembly should be continued , and all things which they desired ( even to their own wishes ) should be granted and effected , yet that the quietnesse and peace of that Kingdome should be never a whit the more settled or established , but that they were determined to chuse at this assembly certain Committees , who , under the name of Commissioners from the generall Assembly , should keep up their Tables , and bee chosen and continued from one Assembly to another , and so hold on the same rebellious courses which they have held ever since the first erection of their Tables , to the utter overthrow of Our royall Authoritie , and the authoritie of the Lords of Our Councell , and Lords of Our Session under Us : and Our Commissioner well weighing Our instructions , according to which hee was to carry himselfe in this Assembly , if hee should find that these mischiefes and courses of injustice could not bee stopped , resolved the next day ( according to Our speciall commandment ) in Our name , and by Our authoritie to dissolve that Assembly , whose aime was onely to robbe Us of Our Soveraigne power , and to put it in the hands of their Commissioners . According to which resolution Our Commissioner the next day , being Wednesday the 28. of November , went betimes in the morning to the Church , and Our Councell ( having warning over night ) met him in the Chapter-house , where they sate in consultation before they went to the Assembly : He did then impart to them the resolution he had to dissolve the Assembly , and did aske their advice for the manner of doing it : after hearing each of their advice severally , he was confirmed in his resolution . The reason why Our Commissioner held the Councell in that place , was , because some of Our Councell , who were present , should have no time to communicate his resolution to the Covenanters , nor to consult with them about the hindering it ; the Assembly being fully set before the Councell came out , so that what had passed there , could not be communicated to them . The first thing propounded there by the Moderatour that day , was this : A day or two before , there were brought into the Assembly three or foure great volumes by their new Clerke , which he alledged were the Acts of the generall Assembly from the very first reformation of that Church , which , by the speciall providence of God , and his own carefull industry , had been recovered , else they had been lost for ever , to the invaluable losse of the puritie of the Religion and Discipline established amongst them ; for they had been throwne by for many yeeres , untill he by some strange accident had light upon them : after which speech of the Clerke , the Moderatour had desired them to chuse a Committee to peruse these Bookes , and to report to the Assembly whether they conceived them to bee the true and authenticall Acts of the generall Assemblies of the Church of Scotland : The day before this , these Committees had made their report that they had perused them , and had found them to bee true and authenticall Records , and delivered in writing some reasons of this their opinion ; which made the impartiall auditors wonder how in two daies men could peruse , and make a judgement of such volumes , which other men ( who tooke themselves to be no fooles ) thought could hardly be done in one yeere : but that was all one , the Moderatour this day put it to the question and voices , Whether they would allow the copies of those Bookes of Assembly ( which the Committees the day before had reported to bee good and faithfull copies ) to bee reputed ever hereafter for the authenticall Records and Registers of the Church of Scotland : Our Commissioner prayed them to forbeare doing any thing suddenly in a businesse of so great importance , that nothing , especially if it were doubtfull , could bee made a publique Record of any Judicatorie which was to oblige Our subjects , unlesse We first by Our Advocate and learned Councell were satisfied of the authenticall authoritie of that Record ; and therefore wished them to stay untill that course might bee taken , and before that time not to put it to voices : But all in vaine , for presently they of the Assembly ( without one contrarie voice ) concluded these Bookes to be authenticall Registers , and so to bee held and reputed for ever , without knowing what was in them : They were foure Bookes , and very large , and confessed not to be the Originals , but copies . Our Commissioner then remembring that at Our Palace at Holy-rood-house hee was denied the sight of the Bookes of the Assembly ( the Covenanters having threatned the former Clerke of the Assembly , if hee should let Our Commissioner have the perusall of them ) begun now to thinke , that there might be stuffe enough in them against Our Regall authoritie , and perhaps a great deale of it of their own devising ; which caused Our Commissioner to enter into Our Clerke of Registers hands a solemn Protestation against the validitie of these Records , and against any of Our subjects being obliged by them , untill such time as they should be perused and allowed by such as We should authorize by Commission for that purpose . Next , the Moderatour desired the Clerke to reade certaine answers , which upon the sudden had been drawne up ( as he said ) by certaine Brethren to the reasons contained in the Bishops Declinator which had been read the day before : And indeed , so soone as they were heard , it was easily beleeved that they were drawne up upon a sudden , without either feare or wit , being very poore and silly , stuffed full of cytations out of their own bookes of Discipline , which did allow lay-Elders ; and by these testimonies concluded the exception of the Bishops against Lay-Elders , & Ministers , Commissioners chosen by them for having voice in the Assembly , to bee invalid ; which made some admire by what consequence it could be inferred , that because there had been Lay-Elders in particular Church-Sessions , nay and perhaps in Presbyteries , that therefore these Lay-Elders either had , or must now have voices in the generall Assembly , or in chusing the Ministers Commissioners to it : Yet the Moderatour caused another paper to bee read in defence of Lay-Elders , of the very same tedious stuffe with the former : And , to magnifie those Bookes of Discipline , so often cyted in both these papers , the Moderatour desired the whole Assembly to heare himself reade a long Latine testimonie , given in the Syntagma of the confessions of the Reformed Churches , to the puritie of the discipline of the Church of Scotland . Our Commissioner called for the Book , & desired to see what he had read , and found it to be a private testimonie of one unknowne , inserted by the Printer or setter out of that Syntagma , to make it sell the better , because it had some new thing in it ; which made a good many laugh at that so much magnified testimonie . Then the Moderator , to take away that exception in the Bishops Declinator , that the Assembly was a declared partie ( and therefore could not be their Judge ) alledged , that the Remonstrants had made the same objection against the Synod of Dort , but that it was repelled by all the Divines there present , and the invaliditie of that exception declared by none better then by the Divines of great Britaine , whose judgement against that exception he then out of the publique Acts of that Synod did reade : Our Commissioner told the Moderatour , that he should have done well to have translated into Scottish that passage which he last read , and the former out of the Syntagma , that so many of the Lay-Elders , who were to judge of the fitnesse of these cytations , might understand him and them ; which the Moderatour passed over with a smile . ONE who stood by Our Commissioner , and had been present at the Synod of Dort , asked leave first of Our Commissioner , and then of the Moderatour to speake , which being granted him by both , hee answered the Moderatours answer to the Bishops objection , thus : That the Bishops exception against them of the Assembly , as pars adversa , differed from that of the Remonstrants against the Synod of Dort two waies : First , in regard of the matter of it : For the Synod consisting of Divines , & the matters controverted being points of Divinitie ( and by some men thought to bee fundamentall points of faith , though they were not so ) in which Schollers use not to be neutrall , it was impossible for the Remonstrants to find Divines to be their Judges , if they would except against such Divines as had declared themselves to bee of the one opinion or the other : But it was not so with Episcopacie in the judgement of the members of this Assembly ; for they could not hold the allowing or rejecting of Episcopacie to bee a point of doctrine , because points of doctrine are not alterable ; but the Church of Scotland in her positive confession , Article 21. did hold Church policie or government alterable at the will of the Church ; which opinion , whether he did allow or not , hee was not then and there to declare : but sure in such points , which they themselves held alterable and indifferent at the will of the Church , being no points of doctrine , there was no necessitie of pre-declaring their judgement , especially after they meant to bee Judges : Nay , there was a necessitie of not pre-declaring their judgement against Episcopall government , considering it stood now in force by Acts both of Church and Parliament ; and therefore that the declaration of their judgement against it , ( even since they intended to be Judges of it , but before they were actually so ) did barre them from being Judges of it at all . But secondly , and that upon which he principally insisted , was this : That the Bishops case in their exception against this Assembly , differed from that of the Remonstrants against the other Synod , in the manner of the members of that Synods pre-declaration , and of the members of this Assemblies pre-declaration . Many of the members of that Synod had pre-declared themselves by discoursing , writing , preaching , &c. but not by any judiciall Act , nor by any Act equivalent to a judiciall Act , such as swearing against the other tenet , binding themselves by Oathes , Covenants , Combinations , Confederacies , Associations against the abetters of it ; all which being Acts analogicall to judiciall Acts , and being done by the members of this Assembly against the Bishops , absolutely barred them from being Judges in the question of these Bishops persons or calling . Some answer was made to this by the Moderatour and others , which required no reply ; and therefore received none , that which was answered being no way against that which had been delivered : For the Moderatour conceiving that hee who spake had affirmed that the five Articles treated of at the Synod of Dort , had been fundamentall points of faith ( of which opinion the speaker never was , nor is ) fell upon a discourse of fundamentall and not fundamentall points of faith ; affirming that the Synod of Dort had never determined the five Articles to bee fundamentall points of faith , which the former speaker knew very well to bee true : And it made many auditors thinke , that the Moderatour did deliver this onely because he would have something to say ; for they did conceive that he had been a man so rigid in these tenets , that hee had held them to bee fundamentall points of faith : But whether hee did or not , there were many Ministers members of the Assembly , who did hold them to bee fundamentall points , & most unchristianly and uncharitably had preached , that the Remonstrants tenets did destroy the very foundation of faith ; and whosoever sided with them in the five Articles , could not possibly bee saved . But now the other exception laid by him that spake , and in which hee conceived the strength of his speech principally to lie , viz. That by their swearing , and combining by a Covenant against the Bishops ( which was a plain pre-judging of them ) they had barred themselves from being their Judges ; the Moderatour was pleased to make no answer at all , though of all that was spoken it most principally required one . Another Minister , one of the gravest and learnedest in the Assembly , did conceive that he which spake had affirmed , that Councels and Synods were onely Judges of points of faith and doctrine , but not of government or other matters ; and instanced in Novatus and Donatus , who by Councels and Synods had beene censured in points of schisme ; which no man ever denyed , nor ever came within the compasse of the thoughts or words of him that spake . Here a Lay-Elder , who was a Lord , conceived that he who spake had said something insinuating that Lay-Elders had given voyces in some Councels ; Thereupon the person that spake , unwilling to let that passe , asked leave to tell his Lordship that he was mistaken , & that if Our Commissioner and the Assemblie would give him leave , he would maintaine it against any man in the Assembly , that neither the name nor thing of a Lay-Elder , was ever knowne to any generall or Provinciall Councell ; nay , not to any particular Church in the whole Christian world , before Calvins dayes . To this no replie was made , save onely by the Moderatour , who first said that it would be thought a strange thing in England , if any of this Assemblie should stand up in the Convocation house , and speake against their Church government : to which was answered by him that spake , That he neither did speake , nor would have spoken there , without leave asked and obtained ; nor would he have asked leave if it had not been to have cleared a passage of the Synod of Dort urged by the Moderatour , and in which he himselfe was interessed . And it seemes here the Moderatour was brought very low , by telling the partie that his father while he lived was of another opinion : to which the other answered , That that was a weake reason ; for there were some members of the Assembly then sitting , whose Fathers had beene Papists : And he who spake did verie much wonder that the Moderatour should thinke it strange for him to differ from his Father in his judgement of these points of Ecclesiasticall government ; for he did not apprehend it so great a matter for any man to differ from his Father in judgment , as to differ from himselfe : and hee was sure that the Moderatour knew well enough that many members of the Assembly , who were now fiercest against Episcopall government , within these few yeeres had been as earnest maintainers of it as any , & more ambitious and earnest suitors for Bishopricks then any other . The Moderatour at last cut off all further contestation about these Lay-Elders , by affirming that the state of the question as it stood before them , was not whether Lay-Elders had ever beene received in other Churches , but whether their office and place in the Assembly was agreeable with the constitutions of the Church of Scotland ; and so no more was spoke of it . The Moderatour from that speech which was made for justifying the Bishops exception against the competencie of their Judges , viz. the Assembly , because the members of it had declared themselves parties , tooke occasion to speak thus to the Assembly : Since we see both the competencie and constitution of this Judicatorie and Assembly is thus openly impugned , it is high time to cleare this point , of which none can bee Judge but the Assembly it selfe , and therefore I will presently put it to voyces , Whether this Assemblie be the lawfull and competent Judge of the Libell against the Bishops , notwithstanding the reasons contained in their Declinator . This gave our Commissioner the occasion ( which hee neglected not ) to do and declare that which by Our speciall commandement he had resolved on ; for he presently made a speech of a competent length , the summe whereof was this : I should perhaps have continued a little longer with you , if you had not falne upon a point which doth inforce my deserting you : You are now about to settle the lawfulnesse of this Judicatorie , and the competencie of it against the Bishops , whom you have cyted hither ; neither of which I can allow , if I shall discharge either my duty towards God , or loyaltie towards my gracious and just Master . This is a day to me both of gladness and sadnesse ; Gladnesse in that I have both seene this Assemblie meet , which his Majesties subjects have been made beleeve was never intented by Him , and in that I shall now in his Majesties name make good unto you all his most gracious offers in his last Royall Proclamation , which likewise his Majesties subjects were made beleeve would never be performed by Him : Of Sadnesse , in that you who have called so much for a free Generall Assembly , having one most free , in his Majesties intentions , granted you , have so handled and marred the Master , that there is not the least shadow of freedome to be discerned in this your meeting : for the former , which is the discharge and performance of your Soveraignes gracious promises , let this paper , which I deliver to the Clerke to be read , witnesse it to you all , which I am sure you cannot chuse but receive with all thankfulnesse and dutifull acknowledgement of his Majesties pietie , goodnesse , and clemencie , unlesse all Religion and goodnesse be quite banished out of this Land : Here the Clerke publiquely read the paper , which followeth . THe Kings Majesty being informed , that many of his good subjects have apprehended , that by the introducing of the Service Booke and Booke of Canons , the in-bringing of Poperie and Superstition hath been intended , hath been graciously pleased to discharge , like as by these he doth discharge the Service Booke and Booke of Canons , and the practice of them or either of them : And annulleth and rescindeth all Acts of Councell , Proclamations , and all other Acts and Deeds whatsoever , that have been made and published for establishing them , or either of them ; And declareth the same to be null , and to have no force nor effect in time comming . The Kings Majestie , as he conceived , for the ease and benefit of his subjects , established the high Commission , that thereby justice might be ministred , and the faults and errours of such persons as are made liable thereto , taken order with and punished , with the more conveniencie and lesse trouble to the people : But finding his gracious intentions therein to be mistaken , hath been pleased to discharge , like as by these presents he doth discharge the same , and all acts and deeds whatsoever made for establishing thereof . And the Kings Majestie being informed , that the urging of the five Articles of Perthes Assembly hath bred distraction in the Church and State , hath been graciously pleased to take the same to his Royall consideration , and for the quiet and peace of this Countrie , hath not onely dispensed with the practice of the said Articles , but also discharged all and whomsoever persons from urging the practice thereof , upon either Laicke or Ecclesiasticall person whatsoever : And hath freed all his subjects from all censure and paines , whether Ecclesiasticall or Secular , for not urging , practising , or obeying them , or any of them , notwithstanding of any thing contained in the Acts of Parliament , or generall Assembly to the contrary . And his Majestie is further contented , that the Assembly take the same so far into their consideration , as to represent it to the next Parliament , there to bee ratified as the Estates shall find fitting . And because it hath been pretended , that oathes have been administred different from that which is conceived in the Acts of Parliament , his Majestie is pleased to declare by Me , that no other oath shall be required of any Minister at his entry , then that which is set downe in the Act of Parliament . And that it may appeare how carefull his Majestie is , that no corruption or innovation shall creep into this Church , neither yet any scandall , vice , or fault of any person whatsoever ( censurable or punishable by the Assembly ) goe unpunished , his Majestie is content to declare by Mee , and assure all his good people , that generall Assemblies shall be kept so oft as the affaires of this Church shall require . And that none of Our good subjects may have cause of grievances against the proceedings of the Prelates , his Majestie is content , that all and every one of the present Bishops and their Successors , shall be answerable , and accordingly from time to time censurable according to their merits by the generall Assembly . And to give all his Majesties good people full assurance , that he never intended to admit any alteration or change in the true Religion professed within this Kingdome , and that they may bee truly and fully satisfied of the reality of his intentions , and integritie of the same , his Majestie hath been pleased to require and command all his good subjects to subscribe the confession of faith and band for maintenance thereof , and of his Majesties person and authority formerly signed by Our deare Father in anno 1580. and now likewise requireth all those of this present Assembly to subscribe the same . And it is his Majesties will , that this be inserted and registred in the Bookes of Assembly , as a testimony to posteritie , not onely of the sinceritie of his intentions to the said true Religion , but also of his resolution to maintaine and defend the same , and his subjects in the profession thereof . Subscribitur HAMILTOUN . AFter the reading whereof , Our Commissioner went on , and added : I have , you see , subscribed that paper with mine owne hand , and to make his Majesties Religion , Grace , Goodnesse , and the Zeale which hee hath to settle the peace of this Church and Kingdome knowne to all succeeding generations , I doe require that it bee entred into your ordinarie Bookes of Assembly ; but with this provision , That this my assent to the Act of registring this his Majesties Declaration , shall be no approbation of the lawfulness of this Assembly , or of any other Act made , or to be made in it ; but that all Protestations , made or to be made against this Assembly in all other acts and proceedings thereof , shall stand in full force and effect : And of the delivery of this paper , containing his Majesties gracious offers , into the hands of the Clerke of the Assembly , and of my requiring it to be registred in the Bookes of the same , as also of my Protestation against the lawfulnesse of this Assembly in all other Acts , I take publique instruments in the hands of the Clerke of Our Soveraigne Lord his Register , and require him to make an act thereof . Which being done , the Moderatour in a short speech acknowledged Our speciall goodnesse in granting the particulars contained in the paper , promising it should be registred in the bookes of assembly , and desired to goe on with the businesse of the assembly . But Our Commissioner told them , hee must goe on with them no more ; for now the sad part was behind , viz. That since they had brought Lay-Elders to give voices in this assembly , a thing not practised before , or at least dis-used so long , that no man present had seen it ; the Ministers sitting here as Commissioners were chosen by Lay-Elders , a thing never heard of before in this Church , all the persons having voices here , were before the elections designed by the Tables at Edinburgh , all others by their expresse directions barred , these few Commissioners sent hither , but not chosen according to their designation , were by their cavills , made for that purpose , set aside , and not admitted to have voices , the Bishops cyted hither were to bee judged by the very same persons who had pre-judged and condemned them at their Tables ; hee attested heaven and earth , whether this could bee imagined to be any way a free Assembly , and therefore called God to witnesse , that they themselves were the cause , and the only cause why this Assembly could not have that happy issue which We heartily wished , and why the Bishops could receive no censure from them , in regard of these their sinister proceedings : for how could any man expect justice from them , who had denied it to Us , in refusing voices to Our Commissioners assessors , which was never denied to Our Royall Father , when hee called farre more assessors then Wee did now ? Much more to this purpose was delivered by Our Commissioner ; upon all which he commanded and required them not to proceed any further in this Assembly , and declared that whatsoever they should say or doe hereafter in it , hee in Our name protested against it , and that it should never oblige any of Our subjects , nor be reputed for an Act of generall Assembly . The Moderatour with a speech well penned , which hee had in readinesse whensoever the Assembly should bee dissolved , seemed much to deplore Our Commissioners resolution for breaking up the Assembly ; hee attributed very much to Our power in Ecclesiasticall causes and assemblies , said many things of Our power , quite contrarie to much which they have since printed in their seditious Pamphlets and Protestations , and much more then was liked and approved by many of his fellow-Covenanters : towards the end of his speech he affirmed , That We were Universall Bishop over all Our Kingdomes , &c. which made Our Commissioner use meanes to have the copie of his speech , but it could not be obtained while it was fresh in the auditors memories : Many daies after Our Commissioner was gone from Glasgow , a copie of it was sent him , but all that which concerned Our Ecclesiasticall power , especially of Our being Universall Bishop in Our Kingdomes , was quite left out ; by which it was plaine , that ( as it was before conjectured ) hee had displeased many of the Assembly , by giving more Ecclesiasticall power to Us in that speech , then they intended Wee should ever have . The conclusion of his speech was , That as Our Commissioner had served his Master carefully and faithfully , in preserving his Priviledges and Prerogatives , so they must needs likewise be faithfull and carefull in preserving the Priviledges and Prerogatives of the kingdome of the Sonne of God , which was his Church ; That they should much grieve for his absence , whose presence had beene so acceptable and comfortable to them , and who had carried himselfe among them with so much wisdome and moderation ; that they should have a great misse of him , with many more words , tending to the very high commendation of Our Commissioner . After the Moderatour , divers of the Lords spake much , to vindicate the Covenanters from their prelimitations and sinister dealings in their elections : But Our Commissioner presently choaked their confidence , with the production of two papers , which they little supposed he had ever seene : They contained their secret instructions , with which the whole Tables were not acquainted , for they must then of necessitie some way or other have come to the knowledge of all the covenanters , very many of whom by these secret orders were barred from being chosen commissioners to the assembly , as well as the Non-covenanters ; and therefore they fearing to lose or displease such a considerable number of their owne partie , did by these private advertisements ( contrived onely by the chiefe Rulers of the Table , but never presented to the Tables themselves ) take order that none who could fall within the suspition of moderation , should bee chosen commissioner for the assembly . The one of these papers was directed to one Lay Elder of every Presbyterie , some speciall confident of theirs , containing these nine Articles ensuing . BEcause all projects and purposes will faile , if they be not pursued with constant diligence to the end , the Devill sleeps not , and we heare our adversaries are busie , and our miserie will be unexpressible great , and we * ludibrious if they shall prevaile over us in a free generall Assembly , for which we have been pleading so long ; it were meet that so farre as may be a new warning should be given , to stirre up the best affected . 2 That every Nobleman be diligent with the Barons and Ministers neerest unto them , and that he write unto his best acquaintance , who are farre off . 3 That some one Minister and Gentleman in every Presbyterie meet oft together , to resolve upon the particular Commissioners to be chosen , and use all diligence with the rest of the Ministers and Gentlemen that such may be chosen . 4 Because nothing will avail so much for our purpose , where the most part of the Ministers are disaffected , as that the Gentlemen be present to vote in Presbyteries , it would be presently tryed whether this be put in execution ; and if the Minister be slow in urging it , the Gentlemen themselves to urge it , and put themselves in possession . Our adversaries in this cause are seeking their owne ends , and will set our friends on worke to deale with us ; all would be warned to shut their eares , and in this case to forget parents , brethren , and friends , and without respect to any person , to doe what may most conduce for our good ends . Much will be pretended that the Bishops be limited , They will be harmlesse in time comming ; and on the other hand , that Ministers having all in their power will prove unruly : but it would be seriously considered , First , That Gods ordinance ( except that we will mocke him , and be wiser in his errands then himselfe ) should have place : Secondly , That Ministers will be constrained to keepe themselves within bounds , if Gentlemen resort to the Presbyteries , Synods , and Assemblies : Thirdly , That this order will both make Gentlemen more religious and more accomplished every way , and will make Ministers more diligent in their studies and calling , and take better heed to all their wayes ; which no doubt will ( through the blessing of God ) make this a flourishing Church and Kingdome , which otherwise , of all nations will be most slavish , miserable , and contemptible to all our neighbours , when they shall perceive how by our owne sillinesse and treachery we have lost so faire an occasion of our liberty , both christian and civill . That they linger not , they would be urged againe to send their Commissioners to Edinburgh before the first of October ; by this we shall know our owne strength the better at our next meeting . And the Gentlemen , at the least the greatest part of them , would be warned to be at Edinburgh the 20. of September ; and that onely the Gentlemen who are named Commissioners to the Presbyterie , for chusing their Commissioners for the Assembly , with some to assist them , that day stay at home , and those to come away immediately after the election . That in every Presbyterie there be a particular care taken of the informations against the Prelates for instructing our complaints . THe other paper was directed to some Minister of every Presbyterie , in whom they put most speciall trust , containing these eight Articles ensuing . Private Instructions , August 27. 1638. THese private Instructions shall be discovered to none but to brethren well affected to the cause . Order must be taken that none be chosen ruling Elders but Covenanters , and those well affected to the businesse . That where the Minister is not well affected , the ruling Elder be chosen by the Commissioners of the Shire , and spoken to particularly for that effect . That they be carefull no Chapter-men , Chappell-men , or a Minister Justice of Peace , bee chosen , although Covenanters , except they have publikely renounced or declared the unlawfulnesse of their places . That the ruling Elders come from every Church in equall number with the Ministers , and if the Minister oppose , to put themselves in possession notwithstanding any opposition . That the Commissioner of the Shire cause conveene before him the ruling Elder of everie Church chosen before the day of the election , and injoyne them upon their oath , that they give vote to none but to those who are named already at the meeting at Edinburgh . That where there is a Nobleman within the bounds of the Presbyterie , he be chosen : And where there is none , there be chosen a Baron , or one of the best qualitie , and he onely a Covenanter . That the ablest man in everie Presbyterie be provided to dispute de potestate supremi Magistratus in ecclesiasticis , praesertim in convocandis Conciliis , de Senioribus , de Episcopatu , de Juramento , de Liturgia , & corruptelis ejusdem . NOw both these were so closely carried , that the rest of the covenanting Ministers never suspected there had beene any other instructions , save the two publicke and avowed papers before related ; nor would they ever have suspected any such close and double dealing , but that when they came to their elections , they found for the most part the ablest and most experienced Ministers passed by , and onely the rigidest and hottest men chosen ; which made them ( inquiring after the reason of it ) come to heare of these private Instructions , at which they stormed exceedingly , but could not then helpe any thing . And now whether these two papers doe not containe prelimitations of the assembly , a thing against which they most fearfully cryed out , We leave it to the judgement of the Reader . The Moderatour and some Noblemen lay Elders , went about to cleare themselves from the notice of these two papers of the secret instructions , but could not doe it : Our Commissioner when he delivered them to the Clerke to be read , told him , That surely they were papers which he had seene before , and with which he was well acquainted : The former of these , to a lay Elder of every Presbyterie , in which is that seditious Article , being the sixt in number ( intimating their feare of the losse of their Civill libertie as well as Christian ) he acknowledged he had seene ; but denied that he had seene the other . One of the principall covenanting Lords affirmed , That these Instructions were not sent from the Tables , but that they might bee some private advices from one friend to another ; for proofe whereof , hee offered to produce the two papers of publique Instructions which had beene sent from their Tables , and which are set downe before by Us in this Narration . To this Our Commissioner answered , That the sending of these publike instructions , of which all the Kingdome had notice , was a weake argument to prove that they sent no other private ones ; That he acknowledged these private instructions were not sent from their publike Tables , but he offered to prove that they were sent to the severall Presbyteries by the direction of some of the principall rulers of the Tables , who laboured by all meanes to conceale them from the rest of their partie , who they were sure would take offence at them : That they were sent from one friend to another by way of private advice , he declared to be impossible for these two reasons ; First , because it could not bee imagined that severall men , writing to their private friends , should light upon the same words , and yet that the copies of these instructions sent unto him Our Commissioner from many parts of the Kingdome , very farre distant one from another , were the very same : Secondly , because he and every man did finde that all the elections now returned , were made throughout the whole Kingdome according to these private instructions , and in pursuance of them : And , that these private instructions were undoubtedly sent , besides the two reasons last mentioned , it doth evidently appeare ; First , because it is well knowne , that they who had never yet let any thing slip which they thought was advantagious to them , would not have let this passe unquestioned , but would have required Our Commissioner to prove the truth of these secret instructions , which brought so great a scandall upon their proceedings if they were not forged ; and so great a scandall upon him if they were : and therefore their not urging of him to make proofe of them , doth cleerely evince their guiltinesse . Secondly , Our Commissioner , though he was loath to nominate unto them those severall Covenanters from whom he received copies of these secret instructions , unlesse he were put to it ; yet hee hath upon his Honour protested unto Us , that he received them onely by the meanes of Covenanters , who found themselves aggrieved by these sinister dealings , and that hee will justifie the receipt of these papers from them whensoever he shall be put to it , as he would have done in the Assembly if hee had beene urged therunto ; which he expected they would have done , but did not , because they knew there were divers members of the Assembly there present , who were well acquainted with the truth of what hee had delivered concerning these secret instructions . Thirdly , because in their protestation made against Our last Proclamation , they have confessed some of them , which were not in either of their publike instructions , and which never came to Our Commissioners notice , but by these private papers . After this , first divers of the Lords , and then some of the Ministers , intreated Our Commissioner to stay , adding many words both to that purpose , and for justifying their proceedings . To the Lords our Commissioner answered , That for many monthes , onely their Tables had been obeyed , but that Wee and Our Councell Table had received no obedience at all ; he was therefore now to try their obedience in this point , whether they would dissolve themselves at our speciall commandement . To the Ministers he replied , That one of the chiefe reasons which had moved Us to dissolve this Assembly , was , to vindicate them from the tyrannie of Lay-Elders , who as they had gone about to suppresse the Bishops , so now to oppresse them ; and , if Wee did not protect them , would undoubtedly prove , not onely ruling but over-ruling Elders : And withall added , That if they would now depart he would be a suitor to Us for the indiction of a new free generall Assembly , in which they might mend all the faults committed by them in their proceedings at this . Here the Earle of Argyle , one of our Councellers and Assessors to Our Commissioner , desired to speak : his voyce was low , his speech he directed to the Covenanters ; the summe of it was , That he was surprised , and did not expect this sudden rupture , but that he was willing to say something , which was , That he held it fit the Assembly should consist of Lay-men as well as Church-men ; because these two made up one complete body , exhorted them to stand by the Confession of Faith , as it was sworn in 1581. After he had done , Our Commissioner desired the Moderatour to say prayer , and so to dismisse the Assembly ; which he was about to doe , but was hindered by the Lords , who fell againe with new perswasions to urge Our Commissioners stay with them : which he answered with so much expression of griefe for there misdemeanours , which had necessarily inforced this rupture , that verie many of the Assembly seemed to be much moved with it . When nothing could perswade his stay , at last some of the Lords told him , that fearing this rupture they had a protestation ready against what he had said and done , which they desired him to heare read ; which so soone as the Clerk begun to read , Our Commissioner repeated his former protestation , adding , in expresse words , that in Our name hee dissolved the Court under the higest paines : and so came out with the Lords of Our Councell , leaving the Clerk reading their protestation . When he came to the Church doore , he found it shut , so that some of his company were glad to force it open . No sooner was he gone , but the Lord Areskyn , eldest son to the Earle of Marr , stood up and made this wise speech , not without teares : My Lords , and the rest , my heart hath beene long with you , I will dallie no more with God , I begge to bee admitted into your blessed Covenant , and pray you all to pray to God for me , that he would forgive me for dallying with him so long . Three others of meaner qualitie desired the same , and so all those foure were presently admitted into their Covenant . These men , at least the Lord Areskyn , were resolved to enter into their Covenant long agoe , but were reserved on purpose for doing of it at that houre , for the greater glory of their Covenant : For no sooner had they sworn , & the Moderator received them by the hand , but presently he desired the whole audience to admire Gods approbation and sealing of their proceedings , that even at that instant , when they might have feared some shrinking and back-sliding because of the present rupture , He had moved the hearts of these men to begge admittance into their blessed societie . Immediatly after , divers stood up and spake , but all much about one , and to this sense : They had seene how carefull and punctuall Our Commissioner was , like a good servant , faithfully to serve Us his Master , and to observe Our instructions ( speaking withall much to his singular commendation ; ) how much more then ought they to be carefull to bee found faithfull in following his instructions , who was Master , as to all themselves , so even to him who was Our Commissioners Master ? These speeches being ended , two things were immediately put to the question : First , whether notwithstanding Our Commissioners departure and protestation they would adhere to their owne protestation , and continue the Assembly . They all voyced affirmatively , except the Lord Carnaegie Commissioner from the Presbyterie of Brichen , Sir John Carnaegie Commissioner from the Presbyterie of Arbroath , two Ministers Commissioners from the Presbyterie of Strabogie , the lay Elder and Ministers Commissioners from the Presbyterie of Peebles , Doctor Strang Principall of the Colledge of Glasgow , Doctor Baroune Commissioner from the Universitie of S. Andrewes ▪ with some others , who refused to sit with them any longer . The second was whether the Assembly , though discharged by Our Commissioner , was competent Judge to the Bishops , and whether they would goe on in their tryall , notwithstanding the reasons conteyned in their Declinator : and this passed affirmatively without one contrarie voyce ; and so for that night the Assembly was dismissed . Our Commissioner after he had left the Assemblie , that very night , though late , assembled Our Councell ; none were absent except the Earle of Argyle , who made some excuse and pretence for his not comming , and the Lord Almond , who was then sick . Two things Our Councell resolved on ; first , to write unto Us a letter of thanks for those gracious proffers , which Wee by Our Commissioner had made at the Assembly ; Next , to draw up a Proclamation for the dissolving of the Assembly . Their Letter here followeth . Most Sacred Soveraigne , IN obedience to your Majesties Royall commands , we have attended your Majesties Commissioner here at Glasgow since the 17. of this instant , and according to our bound dutie in so exigent occasion , have not been wanting with our humble and best advices : And although wee doe remit the particular relation of what is past to his Graces selfe as best knowne to him ; yet we cannot for truths sake be so silent , as not acknowledge to your Majestie , that never servant did with more industry , care , judgement and patience goe about the discharge of so great a trust : And albeit the successe hath not answered his desires , neither yet his extraordinarie paines , and ( as wee may confidently affirme ) most dexterous and advised courses taken to compasse the just command of so gracious a King ; yet his deserving herein merits to be remembred to posteritie . And since your Majesty hath been pleased to renew to us your former act of grace expressed in your Proclamation and Declaration anent the maintenance of the true Religion , and we in the defence and profession thereof ; wee doe all in humilitie and hearty acknowledgement of so great goodnesse , returne to your Majesty the offer of our lives and fortunes in defence of your Sacred person , and maintenance of your Royall Authority : and shall in all our actions approve our selves your Majesties most loyall subjects and humble servants . Sic subscribitur . Traquaire , Roxburgh , Marre , Murray , Lithgow , Perth , Wigtoun , Kingorne , Tullibardin , Haddington , Galloway , Annandaile , Lauderdail , Kinnoul , Dumfreis , Southesk , Angus , Elphinstoun , Naper , Dalyell , Hay , W. Elphinstoun , Ja. Carmichael , Hamiltoun , Blackhall . From Glasgow , Novem. 28. 1638. TO this Letter the Lord of Argyle refused to set his hand . Next morning the Proclamation was signed by Our Commissioner and Councell , but the Earle of Argyle refused to signe it , as before hee had done the Letter . The Proclamation here followeth . CHARLES by the grace of God , King of Scotland , England , France and Ireland , Defender of the Faith. To Our Lovits , Heraulds , Pursevants , Our Sheriffes in that part conjunctly and severally specially constitute , greeting . Forsameikle as out of the royall and fatherly care which We have had of the good and peace of this Our ancient and native Kingdome , having taken to Our serious consideration all such things as might have given contentment to Our good and loyall subjects : And to this end had discharged by Our Proclamation the Service Booke , Booke of Canons , and high Commission , freed and liberate all men from the practising of the five Articles , made all Our subjects both ecclesiasticall and civill liable to the censure of Parliament , generall Assembly , or any other Judicatorie competent , according to the nature and qualitie of the offence : and for the free entrie of Ministers , that no other oath be administrate unto them then that which is contained in the Act of Parliament : had declared all by-gone disorders , absolutely forgotten and forgiven : and for the more full and cleare extirpating all ground and occasion of feares of innovation of Religion , We had commanded the confession of faith , and band for maintenance thereof , and of authoritie in defence of the same , subscribed by Our deare Father , and his houshold , in anno 1580. to bee renewed and subscribed againe by Our subjects here : Like as for settling of a perfect peace in the Church and Common-wealth of this Kingdome , We caused indict a free generall Assembly to bee holden at Glasgow the 21. of this instant , and thereafter a Parliament in May , 1639. By which element dealing , We looked assuredly to have reduced Our subjects to their former quiet behaviour and dutifull carriage , whereto they are bound by the Word of God , and Lawes both nationall and municipall , to Us their native and Soveraigne Prince . And albeit the wished effects did not follow , but by the contrary , by Our so gracious procedure they were rather emboldened , not onely to continue in their stubborne and unlawfull waies , but also daily adde to their former procedures acts of neglect , and contempt of authority , as evidently appeared by open opposing of Our just and religious pleasure and command , exprest in Our last Proclamation anent the discharge of the Service Booke , Booke of Canons , high Commission , &c. protesting against the same , and striving by many indirect meanes to withdraw the hearts of Our good people , not onely from a hearty acknowledgement of Our gracious dealing with them , but also from the due obedience to those Our just & religious commands , notwithstanding We had been formerly so oft petitioned by themselves for the same . By their daily and hourely guarding and watching about Our Castle of Edinburgh , suffering nothing to bee imported therein , but at their discretion , And openly stopping and impeding any importation of ammunition , or other necessaries whatsoever to any other of Our houses within that Kingdome : Denying to Us their Soveraigne Lord that libertie and freedome , which the meanest of them assume to themselves , ( an act without precedent or example in the Christian world , ) By making of Convocations and Councell Tables of Nobility , Gentry , Burrowes and Ministers within the Citie of Edinburgh , where , not regarding the Lawes of the Kingdome , they , without warrant of authoritie , conveene , assemble , and treat upon matters , as well ecclesiasticall as civill , send their injunctions and directions throughout the countrey to their subordinate Tables , and other under-ministers appointed by them for that effect . And under colour and pretext of Religion exercing an unwarranted and unbounded libertie , require obedience to their illegall and unlawfull procedures and directions , to the great and seen prejudice of Authority , and lawfull Monarchicall government . And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of their Commissioners for the Assembly , whereof some are under the censure of this Church , some under the censure of the Church of Ireland , and some long since banished for open and avowed teaching against Monarchie , others of them suspended , and some admitted to the Ministerie contrary to the forme prescribed by the Lawes of this Kingdome , others of them a long time since denounced Rebels , and put to the Horne , who by all law and unviolable custome and practique of this Kingdome , are , and ever have been incapable , either to pursue , or defend before any Judicatorie , far lesse to be Judges themselves ; some of them confined , and all of them by oath and subscription bound to the overthrow of Episcopacie . And by this and other their under-hand working , and private informations and perswasions , have given just ground of suspicion of their partiality herein , & so made themselves unfit Judges of what concerneth Episcopacie . And also it was sufficiently cleared by the peremptorie and illegall procedures of the Presbyteries , who at their own hand by order of law , and without due forme of processe , thrust out the Moderatours lawfully established , and placed others , whom they found most inclinable to their turbulent humours ; associate to themselves for the choosing of the said Commissioners for the Assembly , a Laick-Elder out of each Paroch , who being in most places equall , if not moe in number then the Ministerie , made choice both of the Ministers , who should be Commissioners from the Presbyteries , as also of a Ruling-Elder ; being directed more therein by the warrants from the foresaid pretended Tables , then by their owne judgements , as appeares by the severall private instructions sent from them , farre contrary to the Lawes of the Countrey , and lowable custome of the Church : by which doings it is too manifest , that no calme nor peaceable procedure or course could have been expected from this Assembly , for settling of the present disorders and distractions : Yet We were pleased herein in some sort to blindfold Our own judgement , and over-looke the saids disorders , and patiently to attend the meeting of the said Assembly , still hoping that when they were met together , by Our Commissioner his presence , and assistance of such other well disposed subjects who were to be there , and by their owne seeing the reall performance of all that was promised by Our last Proclamation , they should have been induced to returne to their due obedience of subjects : But perceiving that their seditious disposition still increases , by their repairing to the said Assembly with great bands and troupes of men , all boddin in feare of warre , with guns and pistolets , contrarie to the lawes of this Kingdome , custome observed in all Assemblies , and in high contempt of Our last Proclamation at Edinburgh the 16. of this instant : As also by their peremptory refusing of Our Assessors , authorized by Us ( although fewer in number then Our dearest Father was in use to have at divers Assemblies ) the power of voting in this Assembly , as formerly they have done in other Assemblies ; and by their partiall , unjust , and unchristian refusing , and not suffering to bee read the reasons and arguments given in by the Bishops , and their adherents , to Our Commissioner , why the Assembly ought not to proceed to the election of a Moderatour without them , neither yet to the admitting of any of the Commissioners of the saids Commissioners from Presbyteries , before they were heard object against the same , though earnestly required by our Commissioner in our name . And notwithstanding that our Commissioner under his hand , by warrant from us , gave in a sufficient declaration of all that was contained in our late proclamation and declaration , the same bearing likewise our pleasure of the registration of the same in the books of assembly for the full assurance of the true religion to all our good subjects ; And yet not resting satisfied therewith , lest the continuance of their meeting together might produce other the like dangerous acts , derogatorie to royall authoritie , we have thought good , for preveening thereof , and for the whole causes and reasons above-mentioned , and divers others importing the true monarchicall government of this estate , to dissolve and breake up the said assembly . And therefore OVR will is , and we doe discharge and inhibit all and whatsoever pretended commissioners , and other members of the said pretended assembly , of all further meeting and conveening , treating and concluding any thing belonging to the said assembly , under the pain of treason , declaring all and whatsoever that they shall happen to doe in any pretended meeting thereafter , to be null , of no strength , force nor effect , with all that may follow thereupon : Prohibiting and discharging all our lieges to give obedience thereto , and declaring them , and every one of them , free and exempt from the same , and of all hazzard that may ensue for not obeying thereof . And for this effect we command and charge all the foresaids pretended commissioners , and other members of the said assembly , to depart forth of this city of Glasgow within the space of xxiiii . houres after the publication hereof , and to repair home to their own houses , or that they goe about their own private affaires in a quiet manner . With speciall provision alwayes , that the foresaid declaration , given in under our Commissioners hand , with all therein contained , shall notwithstanding hereof stand full , firm and sure to all our good subjects in all time coming , for the full assurance to them of the true religion . And our will is , and we command and charge , that incontinent these our letters seen , ye passe , and make publication hereof by open proclamation at the market crosse of Glasgow , and other places needfull , wherethrough none pretend ignorance of the same . Given under our signet at Glasgow the 29. of November , and of our reign the fourteenth year . 1638. Sic Subscribitur HAMILTOUN , Traquaire , Roxburgh , Murray , Linlithgow , Perth , Kingorne , Tullibardin , Hadingtoun , Galloway , Annandaill , Lauderdaill , Kinnoull , Dumfreis , Southesk , Belheaven , Angus , Dalyell , J. Hay , W. Elphinstoun , Ja. Carmichael , J. Hamiltoun . THis Proclamation being very solemnly made with sound of Trumpets , and by Harolds , with coats of Our arms on their backs , at the market Crosse of Glascow , was received with a Protestation read in the same place by Iohnston the then Clerk of the Assembly , assisted by the Lord Areskyn , and divers others , young Noblemen , and Gentlemen . The paper which Iohnston read , was not , as it seemeth , that very Protestation which they printed ; for he read something out of a paper to that purpose , and offered it by the name of a Protestation to him who read Our Proclamation , which paper the Clarke of our Councell offering to receive , Iohnston refused to deliver it , saying , He must stay untill it were written . By which it is evident , that they who at Glascow protested against Our Proclamation , did protest and desired their Protestation to be received , before it was penned , as it is now printed , and before they could so much as send to them in whose name it was made , to know whether they would adhere to it or not . But a Protestation against it they have since printed , which here now we doe subjoyne , that the reader may see how groundlesse and unwarrantable it is . The Protestation of the generall Assembly of the Church of SCOTLAND , &c. Made in the high Kirk , and at the Market Crosse of Glasgow , Novemb. 28. and 29. An. 1638. WEE Commissioners from Presbyteries , Burghes , and Vniversities , now conveened in a full and free Assembly of the Church of Scotland , indicted by his Majestie , and gathered together in the Name of the Lord Jesus Christ the only Head , and Monarch of his own Church ; And we Noblemen , Barons , Gentlemen , Ministers , Burgesses and Commons , Subscribers of the Confession of Faith , Make it knowne that where We His Majesties loyall Subjects of all degrees , considering and taking to heart the many and great innovations and corruptions lately by the Prelates and their adherents intruded into the doctrine , worship , and discipline of this Church , which had been before in great purity to our unspeakable comfort established amongst us , were moved to present many earnest desires and humble supplications to his sacred Majestie , for granting a free generall Assemblie , as the only legall and ready meane to try these innovations , to purge out the corruptions , and settle the order of the church , for the good of Religion , the honour of the King , and the comfort and peace of the Kirk and Kingdome : It pleased his gracious Majestie , out of his Royall bountie , to direct unto this Kingdome , the Noble and Potent Lord , James Marques of Hammiltoun , with Commission to hear and redresse the just grievances of the good Subjects , who by many petitions , and frequent conferences , being fully informed of the absolute necessity of a free generall Assemblie , as the only Iudicatorie which had power to remedie those evils , was pleased to undergoe the paines of a voyage to England , for presenting the pittifull condition of our Church to to his sacred Majestie ; And the said Commissioner his Grace returned againe in August last , with power to indict an Assemblie , but with the condition of such prelimitations , as did both destroy the freedome of an Assembly , and could no wayes cure the present diseases of this Church which was made so clearly apparent to his Grace , that for satisfying the reasonable desire of the Subjects , groaning under the wearinesse and prejudices of longsome attendance , He was againe pleased to undertake another journey to His Majestie , and promised to indeavour to obtain a free Generall Assemblie , without any prelimitation , either of the constitution and members , or matters to be treated , or manner , and order of proceeding ; so that if any question should arise concerning these particulars , the same should be cognosced , judged , and determined by the Assembly , as the onely Iudge competent : And accordingly by warrant from our Sacred Soveraigne , returned to this Kingdome , and in September last , caused indict a free Generall Assemblie to be holden at Glasgow , the 21. of November instant , to the unspeakable ioy of all good Subiects and Christian hearts , who thereby did expect the perfect satisfaction of their long expectations ; and the finall remedie of their pressing grievances : But these hopes were soone blasted : for albeit the Assemblie did meet and begin at the appointed day , and hath hitherto continued , still assisted with His Graces personall presence , yet His Grace hath never allowed any freedome to the Assemblie , competent to it by the Word of God , acts and practice of this Church , and his Majesties Indiction , but hath laboured to restraine the same , by protesting against all the acts made therein , and against the constitution thereof by such members , as by all law reason and custome of this Church were ever admitted in our free Assemblies , and by denying his approbation to the things proponed and concluded , though most cleare , customable , and uncontraverted . And now since his Grace after the presenting and reading of his owne commission from our sacred Soveraigne , and after his seeing all our commissions from Presbyteries and Burghes produced and examined , and the Assembly constitute of all the members by unanimous consent , doth now to our greater griefe , without any just cause or occasion offered by us , unexpectedly depart and discharge any further meeting , or proceeding in this assemblie , under the paine of treason ; and after seven dayes sitting , declare all Acts made , or hereafter to be made in this Assemblie , to be of no force nor strength ; and that for such causes as are either expressed in his Maiesties former proclamations , ( and so are answered in our former protestations ) or set downe in the declinatour , and protestation presented in name of the Prelats , ( which are fully cleared in our answer made thereto ) or else were long since proponed by the Commissioner his Grace in his eleven articles or demands sent unto us , before the indiction of the Assembly ( and so were satisfied by our answers , which his Grace acknowledged , by promising after the recept thereof to procure a free generall Assembly , with power to determine upon all questions , anent the members , manner , and matters thereof ) all which for avoiding tediousnesse we here repeat : Or otherwise the said causes alleadged by the Commissioner , were proponed by His Grace , in the Assemblie ; such as first , that the ●ssemblie refused to reade the Declinatour and Protestation exhibited by the Prelats , which neverthelesse was publickly read and considered by the assemblie , immediately after the election of a Moderatour and constitution of the Members , before the which , there was no assemblie established , to whom the same could have been read : Next , that ruling Elders were permitted to have voice in the election of commissioners from Presbyteries , which was knowne to His Grace , before the indiction and meeting of the assembly , and is so agreeable to the acts and practice of this Church , in violably observed before the late times of corruption , that not one of the assembly doubted thereof , to whom by the indiction and promise of a free assembly , the determination of that question , anent the members constituent propertie belonged . And last , that the voices of the six Assessors , who did sit with His Grace , were not asked and numbered , which we could not conceive to be any just cause of offence , since after 39. Nationall assemblies of this reformed church , where neither the Kings Majestie , nor any in his name was present , at the humble and earnest desire of the assembly , His Majestie graciously vouchsafed His presence either in His owne Royall Person , or by a Commissioner , not for voting or multiplying of voices , but as Princes and Emperours of old , in a Princely manner to countenance that meeting , and to preside in it for externall order , and if Wee had been honoured with His Majesties Personall presence , His Majestie ( according to the practice of King James of blessed memorie ) would have onely given his owne Iudgement in voting of matters , and would not have called others who had not been cloathed with commission from the church to carry things by pluralitie of voices . Therefore in conscience of our duty to God and his truth , the King and his honour , the Church and her liberties , this Kingdome and her peace , this Assemblie and her freedome , to our selves and our safety , to our Posterity , Persons and Estates , We professe with sorrowfull and heavie , but loyall hearts , That We cannot dissolve this Assemblie , for the reasons following . 1. For the reasons already printed anent the necessity of conveening a Generall Assemblie , which are now more strong in this case , seeing the Assemblie was already indicted by his Majesties authority , did conveene , and is fully constitute in all the members thereof , according to the Word of God , and discipline of this church , in the presence and audience of his Majesties Commissioner ▪ who hath really acknowledged the same , by assisting therein seven dayes , and exhibition of His Majesties Royall Declaration , to be registrate in the Bookes of this Assemblie , which accordingly is done . 2. For the reasons contained in the former Protestations made in name of the Noblemen , Barons , Burgesses , Ministers , and Commons , whereunto We doe now iudicially adhere , as also unto the Confession of Faith & covenant , subscribed & sworn by the Body of this Kingdome . 3. Because as We are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by Vs ; So the Kings Maiestie , and his Commissioner , and Privie Councell , have urged many of this Kingdome to subscribe the Confession of Faith made in an . 1580. and 1590. and so to returne to the doctrine and discipline of this Church , as it was then professed : But it is cleare by the doctrine and discipline of this Church , contained in the book of Policie then registrate in the books of Assemblie , & subscribed by the Presbyteries of this Church ; That it was most unlawfull in it selfe , and preiudiciall to these priviledges which Christ in his Word hath left to his Church , to dissolve or breake up the Assemblie of this Church , or to stop and stay their proceedings in constitution of Acts for the welfare of the Church , or execution of discipline against offenders ; and so to make it appeare , that Religion and Church-government should depend absolutely upon the pleasure of the Prince . 4. Because there is no ground of pretence either by Act of Assemblie , or Parliament , or any preceding practice , whereby the Kings Maiestie may lawfully dissolve the Generall Assemblie of the Church of Scotland , far lesse His Maiesties Commissioner , who by his commission hath power to indict and keep it , secundùm legem & praxim : But upon the contrarie , His Maiesties prerogative Royall , is declared by Act of Parliament , to be no wayes preiudiciall to the priviledges and liberties , which God hath granted to the spirituall office-bearers , and meetings of this Church ; which are most frequently ratified in Parliaments , and especially in the last Parliament holden by His Maiestie himself : which priviledges and liberties of the Church , his Maiestie will never diminish or infringe , being bound to maintain the same in integritie by solemn oath given at his Royal Coronation in this Kingdome . 5. The Assemblies of this Church have still inioyed this freedome of uninterrupted sitting , without or notwithstanding any contramand , as is evident by all the Records thereof ; and in speciall by the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Majestie his Commissioner and Councell , to stay their processe against Master Robert Montgomerie , pretended Bishop of Glasgow , or otherwise to dissolve and rise , did notwithstanding shew their liberty and freedome , by continuing and sitting still , and without any stay , going on in that processe against the said Master Robert , to the finall end thereof : And thereafter by letter to his Majestie , did shew clearly , how far his Majestie had been uninformed , and upon misinformation , prejudged the prerogative of Jesus Christ , and the liberties of this Church , and did inact and ordain , that none should procure any such warrant or charge under the pain of excommunication . 6. Because now to dissolve , after so many supplications and complaints , after so many reiterared promises , after our long attendance and expectation , after so many references of processes from Presbyteries , after the publick indiction of the Assemblie , and the solemn Fast appointed for the same , after frequent Convention , formall constitution of the Assemblie in all the members thereof , and seven dayes sitting , were by this act to offend God , contemne the Subjects petitions , deceive many of their conceived hopes of redresse of the calamities of the Church and Kingdome , multiply the combustions of this Church , and make every man despair hereafter ever to see Religion established , Innovations removed , the Subjects complaint respected , or the offenders punished with consent of authority , and so by casting the Church loose and desolate , would abandon both to ruine . 7. It is most necessary to continue this Assembly for preveening the prejudices which may ensue upon the pretence of two Covenants , whereas indeed there is but one , That first subscribed in 1580 and 1590 being a Nationall covenant and oath to God ; which is lately renewed by Vs , with that necessary explanation , which the corruptions introduced since that time contrary to the same , inforced : which is also acknowledged by the Act of councell in September last , declaring the same to be subscribed , as it was meaned the time of the first subscription : And therefore for removing that shame , and all prejudices which may follow upon the show of two different covenants & confessions of Faith in one Nation , The Assemblie cannot dissolve , before it trie , find and determine , that both these covenants , are but one and the self same covenant : The latter renewed by us , agreeing to the true genuine sense and meaning of the first , as it was subscribed in Anno 1580. For these and many other reasons , We the Members of this assemblie , in our owne name , and in the name of the Kirk of Scotland , whom We represent ; and We Noblemen , Barons , Gentlemen , Ministers , Burgesses , and Commons before mentioned , doe solemnly declare in the presence of the everliving God , and before all men ; And protest , 1. That our thoughts are not guilty of any thing which is not incumbent to us , as good Christians towards God , and loyall Subjects towards our sacred Soveraigne . 2. That all the Protestations generall or particular , proponed or to be proponed by the commissioner his Grace , or the Prelates and their adherents , may be presently discussed before this generall Assemblie , being the highest Ecclesiasticall judicatorie of this kingdome : and that his Grace depart not till the same be done . 3. That the Lord commissioner depart not , till this Assemblie doe fully settle the solide peace of this church , cognoscing and examining the corruptions introduced upon the doctrine and discipline thereof : and for attaining hereof , and removing all just exceptions which may be taken at our proceedings , we attest GOD the searcher of all hearts , that our intentions , and whole proceedings in this present assemblie , have beene , are , and shall be according to the word of GOD , the lawes and constitutions of this church , the confession of faith ; our nationall oath , and that measure of light , which GOD the father of light shall grant us , and that in the sincerity of our hearts , without any preoccupation or passion . 4. That if the Commissioner his Grace depart , and leave this church and kingdome in this present disorder , and discharge this assemblie , that it is both lawfull and necessarie for Vs to sit still and continue in keeping this present Assemblie , indicted by His Majestie , till we have tryed , judged , censured all the bygone evils , and the introductors , and provided a solide course for continuing Gods truth in this land with purity and liberty , according to his Word , our oath and Confession of Faith , and the lawfull constitutions of this Church ; and that with the grace of God , We and every one of Vs adhering hereunto , shall sit still and continue in this Assemblie , till after the finall setling and conclusion of all matters , it be dissolved by common consent of all the members thereof . 5. That this Assemblie is and should be esteemed and obeyed , as a most lawfull , full and free generall Assembly of this Kingdome : And that all acts , sentences , constitutions , censures and proceedings of this Assemblie , are in the selfe , and should be reputed , obeyed , and observed by all the subjects of this Kingdome and members of this Church , as the actions , sentences , constitutions , censures , and proceedings of a full and free generall Assembly of this Church of Scotland , and to have all ready execution , under the Ecclesiasticall paines contained , or to bee contained therein , and conforme thereto in all points . 6. That whatsoever inconvenience fall out , by impeding , molesting , or staying the free meeting , sitting , reasoning , or concluding of this present Assembly , in matters belonging to their judicatorie , by the word of God , lawes and practice of this Church , and the Confession of Faith , or in the observing and obeying the acts , ordinances and conclusions thereof , or execution to follow thereupon , That the same be not imputed unto us , or any of us , who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assembly ; But upon the contrary , that the Prelats and their adherents , who have protested and declined this present Assemblie , in conscience of their owne guiltinesse , not daring to abide any legall tryall , and by their mis-information have moved the Commissioner his Grace to depart and discharge this Assemblie , be esteemed , repute , and holden the disturbers of the peace , and overthrowers of the liberties of the Church , and guiltie of all the evils which shall follow hereupon , and condignely censured according to the greatnesse of their fault , and Acts of the Church and Realme : And to this end , wee againe and again doe by these presents cite and summon them , and everie one of them , to compeere before this present generall Assembly , to answer to the premises , and to give in their reasons , defences , and answers against the complaints given in , or to bee given in against them , and to heare probation led , and sentence pronounced against them , and conforme to our former cytations , and according to Justice , with certification as effeirs ; Like as by these presents we summon and cyte all those of his Majesties Councell , or any other , who have procured , consented , subscribed , or ratified this present Proclamation to be responsable to his Majesty and three Estates of Parliament , for their counsell given in this matter , so highly importing his Majestie , and the whole Realme , conforme to the 12. Act. King James 4. Parliament 2. And protest for remedy of law against them , and every one of them . 7. And lastly wee protest , that as we adhere to the former protestations all and every one of them , made in the name of the Noblemen , Barons , Gentlemen , Ministers , Burghes , and Commons ; So seeing wee are surprised by the Commissioner his Graces sudden departing , farre contrary to his Majesties indiction , and our expectation , we may extend this our protestation , and adde more reasons thereunto in greater length and number , whereby wee may fully cleare before God and man the equitie of our intentions , and lawfulnesse of our proceedings : And upon the whole premises the foresaid persons for themselves and in name aforesaid , asked Instruments . This was done in the high Church of Glasgow in publike audience of the Assembly , begun in presence of the Commissioner his Grace , who removed and refused to heare the same to the end , the twenty eighth day of November : and upon the Mercate Crosse of Glasgow , the twentie ninth day of the said Moneth , the yeere of God 1638. respective . THe Reader shall not need to looke after much reason in this protestation ; for if he doe , he will be sure to lose his labour . Much is repeated in it , of that which hath beene delivered in their former petitions and protestations ; all which shall now be passed by , what is new in it , the Reader shall doe well to cast his eye upon that , taking along with him this advertisment , That there is little or indeed nothing in it new , which is true . Towards the beginning you finde the Protestation made , not onely in the name of the generall Assembly , but in the name of the Noblemen , Barons , Gentlemen , Ministers , Burgesses , and Commons , Subscribers of the Confession of Faith : Now how this Protestation could be made at Glasgow in their names , who at that time neither were acquainted nor possibly could be acquainted with what passed at Glasgow , being in the severall parts of the Kingdome so farre distant from it , and many parts having no Commissioners there , except those that were in the Assembly , Wee leave it to the Readers consideration . They affirme not many lines after , That it was made cleare to Our Commissioner , that the Assembly which hee meant to indict in August , was clogged with such prelimitations , that he undertooke another journey to Us , and promised to endeavour to obtaine a free generall Assembly without any prelimitation , &c. All which is so farre from truth , as nothing can be more ; for he did never desire the Assembly to be prelimited ; for they themselves by their instructions both publique and private did prelimitate it , he did onely desire , that ( according to the usuall custome before Assemblies ) some previous meeting and consultation might be held concerning the formes of the Assembly ; which might very well have been forgot , there having been no Assembly held for many yeeres before . Againe , in the last words at the end of the first section , one would wonder how any man could have the boldnesse to affirme , That this their Assembly was constituted of such members , as by all law , reason , and custome of that Church were ever admitted in their free Assemblies , since they in their owne conscience doe know , that there is no law extant for lay-Elders having voice in generall Assemblies : And if there be no law for it , We appeale to the judgement of every man indued with reason , whether there can bee any reason found for it , and whether if such a proposition were to be propounded , and to passe into a law , he would give his voice unto it if he had power so to do , That lay-men ( especially many of them , being ignorant and mechanicall persons ) should sit in the highest Ecclesiasticall Judicatorie , and by their voices determine points of faith , and other highest points of doctrine , and to inflict the highest censures of the Church , even excommunication and deprivation , not onely of Ministers , but of Bishops , especially when in an Assembly the number of the lay-voices shall be equall or very neere equall to those of the Clergie , So that it may fall out , that the voices of the lay-men , having the voices but of twenty or thirty Clergie men concurring with them in opinion , may carrie the determination of the highest point of doctrine against the rest of the Clergie , and those perhaps the holiest , ablest , and most learned , though their number exceed a hundred . Sure if such a proposition were to be past into a law , few voices would be found to enact it ; and therefore if there be no law for it already ( as undoubtedly there is none ) they might have done well not to have talked of reason for it : And that which they averre of the custome of that Church , is as untrue as what they said either of law or reason : for We demand if there have been never a free Assembly in Scotland these last forty yeeres ? Sure they will confesse there hath been ; and yet in none of these , lay-Elders chosen by and sent from Presbyteries had voices in these Assemblies : nay , since the first Reformation , hath there been any free generall Assembly in that Kingdome ? No question they will say there hath ; and yet We challenge them to name but any one Assembly before this , in which the Ministers chosen Commissioners to it from the severall Presbyteries , were chosen by the voices and suffrages of lay-Elders : so that for that point it is impossible they should alledge either law , reason , or custome , or so much as any one instance ; and yet the elections of all the Ministers present at this Assembly were carried by the voices of lay-men , and in many places in despite of the Ministers . A little after the beginning of the second section they doe affirme that which they themselves doe know not to be so ; for when they say that Our Commissioner did unexpectedly depart and discharge any further meeting or proceeding in this Assembly , how can that stand with the words of the Earle of Rothes , who when Our Commissioner was rising and departing out of the assembly , told him , that his departure and discharging of the assembly was a thing not unlooked for , but expected by them ; and therefore they were provided for him , and had a Protestation ready written against his discharging of the assembly , which he desired him to heare ( as is before mentioned ? ) But Our Commissioner refusing , the Clerke presently begun to reade it , and Our Commissioner and Councell at their departure left them reading it ; and after his departure it was read out to the end , and presently put to voices whether all the members of the assembly would adhere to it ; and the very Title page of their Protestation affirmeth , that it was first read in the high Church , and afterward at the Market-Crosse of Glasgow : Besides , the Moderatour made a speech to Our Commissioner upon his departure , which none of the auditors did conceive to bee extemporarie ; for when it was compared with any other speeches of his , delivered at any other time of the Assembly , it was agreed that it was so much better penned or premeditated and delivered then any of the rest of his speeches , that certainly it was provided against Our Commissioners departure ; and yet these men protest , that Our Commissioners departure and discharging of the Assembly was to them altogether unexpected , when they knew that they had carried themselves , and meant to carry themselves so , that it was impossible but that he should discharge the Assembly . A great marke of the sinceritie of their proceedings . That which immediately after they adde , That they have fully cleared in their answer to the Bishops Declinator all the arguments contained in it against the assembly , as also those propositions made by Our Commissioner in his 11. Articles or Demands , sent unto them before the indiction of the Assembly , and that Our Commissioner acknowledged so much , is all of equall untruth with the former ; for neither have they satisfied the Bishops reasons propounded in their Declinator , nor gave they any satisfaction to Our Commissioner his eleven Articles or Demands : and that Our Commissioner acknowledged that hee had received satisfaction to them is so manifest an untruth , as they themselves doe know there is no colour for it : They affirme within a few lines after , that Our Commissioner did know , before the indiction of the Assembly , that ruling Elders were to have voices in the election of Commissioners from Presbyteries : He did know it indeed , but could not tell how to helpe it ; and so soone as he did know it , which was immediately before the indiction of the Assembly , he did sharply expostulate it with them , and assured them , that it would induce a nullitie upon the elections made to the Assembly ; That We would never allow any for members of the Assembly who were so chosen ; That he had notice of this their intention by the complaints of many covenanting Ministers , who were resolved to protest against all such elections , but that he did know of any such elections with approbation of them , cannot be charged upon him . And whereas they say , that these elections are agreeable to the Acts and practice of that Church , they have received already a sufficient challenge to make that good , which undoubtedly they cannot : And where they adde , that not one of the Assembly doubted thereof , it is well knowne that some of the Ministers of Edinburgh , and many more Ministers of the Assembly did grieve at it , but did not know how to remedy it . The whole third Section is so derogatorie to Our Royall authoritie , and indeed doth so unworthily debase the authoritie of Monarchs , as it is not to be answered any way but by justice : for it giveth no more power to Us , if We had beene present and sitting at the Assembly at Glasgow , then Thomas Patterson a Taylor of Edinburgh had , who sate Commissioner there . After , they subjoine some reasons for their Protestation : In the first , they affirme that the Assembly was constituted by the word of God ; but they doe not prove it , and sure never will. Then they affirme , that Our Commissioner acknowledged the lawfulnesse of their Assembly , by assisting therein seven dayes ; but they conceale that he solemnely protested , and entred his particular Protestation against every thing they said or did in it ; and if hee who protesteth against a thing , may be said to acknowledge the lawfulnesse of it , then it may be that they themselves doe acknowledge the justice and equitie of all Our Proclamations , and Our power and authoritie in discharging of this Assembly , notwithstanding all their Protestations made against these . And for Our Commissioner his exhibition of Our Royall Declaration to be registred in the Bookes of this Assembly , let the Reader remember the Protestation before mentioned , which Our Commissioner made when he did so , and that scruple is quickly removed . Their second and third reasons are of their owne fancies : They have lately sworne so , and to that sense they have explicated their Covenant , therefore it must be so : But they did wrong in both , and therefore none must follow them in either , for every Oath unlawfully taken is unlawfully kept . Their fourth reason hath not one true word in it ; for there is Law for Our authoritie to dissolve the Assembly , there being an expresse Act of Parliament which giveth Us the sole power of indicting of an Assembly , viz. the first act of the 21. Parliament of Our Royall Father : and sure , ejusdem est destituere cujus est instituere , whosoever hath the power of indicting hath the power of dissolving . They adde that there is no preceding practice for it . We wonder they can or dare affirme it : Did not Our Royall Father discharge that Assembly at Aberdene ? and when some few turbulent Ministers did notwithstanding hold it , were they not convented before the Lords of his Councell for it ? who undoubtedly had punished them most severely , if by their declining of the Councells authoritie , and appealing to a Generall Assemblie , they had not falne into an act of treason , and so by Our Councell were turned over to the Judges in criminall causes ; before whom , by a Jurie or Assise , they were found guiltie of treason , for that act of declining Our Royall Father and his Councells authoritie , all which we touched a little before . And that by clayming Our power to indict or dissolve the Assemblies of the Church , We doe infringe the priviledge and liberties of the Church , or doe any act not consistent with the Oath which We took at Our Coronation in that Kingdome , as is suggested in this fourth reason , is most falsly and most seditiously affirmed , onely for drawing away of the hearts of Our good subjects from Us and our government . The Act of Parliament for Our sole power of indicting Assemblies here followeth . A ratification of the Acts and conclusions set down and agreed upon in the generall Assembly of the Church , kept in Glasgow in the month of June 1610. together with an explanation made by the Estates , of some of the Articles of the same . CHAP. I. The act is long and hath many branches , We only recite two : First , it confirmes that Act of the Assembly , which acknowledgeth the indiction of the general Assemblie of the Church , to appertaine to his Majestie by the prerogative of his Royall Crowne : and in the last branch of the act , Our Royall Father and the three Estates doe annull and rescind the 114. Act of the Parliament held in Anno 1592 which did give some power to the generall Assemblie , in some cases , of themselves to indict a new Assemblie . Their fifth reason conteineth an instance of an Assemblie that would not stay a Processe which they had intended against Archbishop Montgomerie the Archbishop of Glasgow , nor yet dissolve it selfe , notwithstanding they were charged by Our Royall Father and his Councell with Letters of Horning and Rebellion to doe one of the two : An excellent argument , Because one Assembly did wickedly , and that which they could not doe , we must doe so likewise ; as if many yeeres hence , an Assembly being charged by one of Our Successours to dissolve , should not obey , but alledge for their defence , That this Assembly of Glasgow would not dissolve it selfe , notwithstanding the members thereof were charged by Us to doe so under paine of treason ; as if one unjust act could justifie another . But they should doe well to remember , that those who did but offer to hold an Assembly at Aberdene , after it was discharged by Our Royall Father , were first convented before his Councell , and afterwards severely punished for it . In their sixth reason there is no Reason to be found . In their seventh reason they alledge , that they cannot rise untill they have found Our Covenant and theirs to be all one . If by their Covenant they meane the Confession of Faith and Covenant annexed , which was first injoyned by Our Royall Father , and twice afterward by his authoritie renewed ▪ then they needed not to have sit one houre longer for finding of that ; for any man that can read may finde the words and syllables of both , to be the very same without the least alteration : But if by their Covenant they doe understand their explications , additions , and glosses which destroy and corrupt the verie text of the first Covenant , then certainly they should not have risen yet , nor could have risen untill the end of the world ; for they will never finde that these corrupt glosses , & apocryphall additions of their owne , can consist with Our Royall Father his Confession and Covenant , upon which they pretend they ground their owne . Besides , as shall presently appeare , they have discharged all men to subscribe the Confession and Covenant commanded by Our authority ; which Wee suppose they would not have done if they had found them to be one ; and therefore if they be men of their words , they should have sate still and not risen yet , because as yet they have not found them to be one . After their seven reasons they adde seven protestations of the same piece with their reasons : The first , third , fourth , and fifth are not worth the reading , for they conteine nothing but their usuall tautologies and taking the sacred name of God in vaine . In the second , and latter end of their sixth reason , their is so much boldnesse expressed , as could never have beene expected from any men who had been acquainted with the names of King , Law , Authoritie or Government : For who ever heard that subjects durst require their Kings Commissioner not to depart out of the Assembly , when he himselfe had pleased , although he had not been commanded by Us so to doe ? what greater command could they have laid upon the meanest member of the Assembly then this , by which they affronted Our Commissioner and in him Us and Our authoritie ? But their cytation of Our Councell , who signed Our Proclamation , to appeare as offenders before Us and Our three Estates of Parliament , ( which by the way Wee wonder how they can bee made up without Bishops ) and to answer the subscription of Our Proclamation as a crime , is a boldnesse that calleth more for admiration then refutation . They cyte for this their doing the twelfth act of the second Parliament of Our Royall Progenitor James the fourth . Wee wondered that in his dayes there should bee any warrant found for the allowing the members of a generall Assembly in any thing , in whose time a generall Assembly had no existence : but when we looked upon the act , We wondered much more ; for there is not so much as any word to bee read there , which can bee drawne to any shew of construction that way . That act attributeth rather too much to Privie Councellours , then diminisheth them ; so that upon perusall of the act , We were almost inforced to excuse them , and lay the fault upon the Printer , who had mistaken the cytation , untill Wee remembred that in their cytations both of other acts of Parliament , and many passages of holy Scripture , they are as farre out as in this , hoping ( belike ) that the Reader would never peruse them . That which they affirme about the middle of the sixth Protestation , that the Prelates moved Our Commissioner to dissolve the Assembly , We must averre upon Our owne knowledge to be farre otherwise ; for he did it by Our speciall commandement , when none of the Prelates were neere Us to give Us any such advice . Their seventh protestation is usuall with them , and therefore now not to be taken notice of . And now when the Reader hath perused both Our Proclamation for the dissolving of that Assembly , and their Protestation against that Our Proclamation , and hath well weighed all the precedent first violences , and then jugglings for their obtayning of such persons onely to be elected , as should be sure to stand for such conclusions as they had resolved upon at their Tables at Edinburgh , We doe leave it to the judgement of every man to consider whether Wee could any longer continue that Assembly without indangering Our owne Royall authoritie , which they intended to supplant , and betraying into the hands and power of their sworne and combined enemies the Bishops of that Church , who never declined , nor yet doe decline the tryall of a generall Assembly lawfully constituted . They did long call for a free generall Assembly ; Wee granted them one most free on Our part , and in Our intentions : But as they have handled and marred the matter , let God and the World judge whether the least shadow or footstep of freedome can in this assembly of theirs be discerned by any man who hath not given a Bill of divorce both to his naturall light , that is , his Understanding , and to his connaturall light , that is , his Conscience . It is a great errour to conceive , that libertie and limitation are destructive one of another : for that freedome which admitteth no bounds and limits , is not libertie but licentiousnesse : When therefore they talked of a free generall assembly , We tooke it as granted that they meant not an assembly in which every one both in the necessarie preparations preceding it , and in the necessarie proceedings in it , might say and doe what hee would ; but such an assembly , in which no man having interest , should bee barred either in the precedings to it , or proceedings in it , of that libertie which the lawes or customes of that Kingdome and Church in which that assembly was convocated , doe allow him : which two bounds whosoever shall transgresse , though they pretend libertie and freedome , yet in all true intendment & construction , they must be taken either for professed & common , or clandestine enemies to the freedome of that assembly . What wresting and wringing was used in their last Protestation made at Edinburgh , to charge Our gracious Proclamation with prelimitations , is knowne ; and it was detested by many even of their owne Covenant . Whether their courses , especially in the elections of the members of this assembly , were not onely prelimitations of it , but strong barres against the freedome of it , and such as did utterly destroy both the name and nature of a free assembly , inducing upon it many and maine nullities , besides the reasons contained in the Bishops Declinator , let these few particulars declare . First , whereas they refused so much as to heare from Our Commissioner of any precedent treatie for repairing and right ordering of things before the Assembly , alledging that it could not be a free Assembly where there was any consultation before , either concerning the chusers , or those to bee chosen , or things to be discussed in the Assembly , but that all things must be treated of upon the place , else the Assembly must needs be prelimitated . Whether they did not transgress in all these particulars is easie to bee discerned : For besides these instructions , which it may bee are not come to Our knowledge , We have seen , and Our Commissioner at the Assembly did produce foure severall papers of instructions , sent from them , who call themselves the Table , all of them containing prelimitations , and such as are repugnant not onely to that which they called the freedome , but to that which is indeed the freedome of an Assembly : Two of these papers were such as they were content should be communicated to all their associates , viz. that larger paper sent abroad to all Presbyteries , before or about the time of Our indiction of the Assembly ; and that lesser paper , for their meeting first at Edinburgh , then at Glasgow some few daies before the Assembly , and for chusing of assessors ; These two papers Our Commissioner delivered not into the assembly , because they did publiquely avow them : But their other two papers of secret instructions were directed , not from the Table publiquely , but under-hand , from such as were the prime Leaders of the rest ; The one of them was delivered or sent onely to one Minister of every Presbyterie whom they trusted most , and was onely to be communicated to such as hee might be confident of , and was quite concealed from the rest of the Ministers , although Covenanters : The other paper was directed onely to one lay-Elder of every Presbyterie , to be communicated as hee should see cause , and to be quite concealed from all others : These are the two papers which before you heard were delivered by Our Commissioner into the assembly , and they did containe directions , which being followed ( as they were ) did banish all freedome from this assembly ; as doth appeare before by the reading of the papers themselves . The second : Some Presbyteries did chuse their Commissioners before the assembly was indicted , and therefore those Commissioners could not lawfully have any voice there . The third : Neither lay-Elder , nor Minister chosen Commissioner by lay-Elders , could have voice in the assembly , because such elections are not warranted by the lawes of that Church and Kingdome , nor by the practice and custome of either ; for even that little which seemeth to make for their lay-Elders , is onely to be found in these bookes , which they call the bookes of Discipline , which were penned by some private men , but never confirmed either by Act of Parliament , or Act of generall assembly ; and therefore are of no authoritie : And yet in these elections they did transgresse even the rules of these bookes , there being more lay-Elders who gave voices at every one of these elections , then there were Ministers ; contrarie to their bookes of Discipline , which require that the lay-Elders should alwaies be fewer . But say there were an Ecclesiasticall order or law for these lay-Elders , yet the interruption of that order for above fortie yeeres , maketh so strong a prescription in that Our Kingdome against it , as that without a new reviving of that law by some new order from the generall assembly , it ought not againe to have been put in practice : For if We should put in practice and take the penalties of many dis-used lawes , without new intimation of them , it would bee thought by Our subjects hard usage . The fourth : In many Presbyteries these lay-Elders disagreed wholly in their election from chusing those Ministers whom their owne fellow-Ministers did chuse , and carried it from them by number of voices , although in all reason the Ministers should best know the abilities and fitnesse of their brethren . The fifth : These men elected as lay-Elders to have voices in this assembly , could not be thought able and fit men , since they were never Elders before , all or most of them being newly chosen ; some of them were chosen lay-Elders the very day before the election of the Commissioners to the assembly , which sheweth plainly they were chosen onely to serve their associates turne . The sixth : Since the institution of lay-Elders by their own principles is to watch over the manners of that people in that Parish wherein they live , how can any man bee chosen a Ruling-Elder from a Presbyterie , who is not an inhabitant within any Parish of the precinct of that Presbyterie ? And yet divers such , especially Noblemen , were chosen as lay-Elders Commissioners from Presbyteries , within the precincts whereof they never were inhabitants , against all sense or reason , even upon their owne grounds . The seventh : They can shew neither law nor practice for chusing assessors to the Ruling-Elders , without whose consent they were not to give voice to any thing in the assembly . The eight : The introducing of lay-Elders is a burthen so grievous to the Ministers , as that many Presbyteries did protest and supplicate against them , and many Presbyteries ( though they were in a manner forced to yeeld to it then ) yet did protest against it for the time to come . The ninth : In the election of Commissioners to this assembly , for the most part the fittest men were passed by , and few chosen who ever were Commissioners at any assembly before : the reason was , they conceived that new men would not stand much for their owne libertie in an assembly , of the liberties whereof they were utterly ignorant : Besides , some were chosen who were under the censures of the Church , some who were deprived by the Church , some who had been expelled out of the Universitie for reading to their Scholars against Monarchicall government , some who had been banished out of that Kingdome for their seditious Sermons and behaviour , some who for the like offences had been banished out of Ireland , some who were then lying under the sentence of excommunication , some who then had no ordination or imposition of hands , some who had lately been admitted to the Ministerie , contrarie to the standing lawes of that Church and Kingdome , and all of them were chosen by lay-Elders : Now what a scandall were it to the Reformed Churches , to allow this to be an assembly , which did consist of such members , and so irregularly chosen ? The tenth : Divers members of this Assembly , even whilst they sate there , were Rebels , and at Our Horne ; and so by the lawes of that Our Kingdome uncapable of sitting as Judges in any Judicatorie . The eleventh : Three oathes were to bee taken by every member of this Assembly : the oath to the confession of faith lately renewed by Our commandement , the oath of Allegeance , the oath of Supremacie , any of which three oathes whosoever shall refuse , cannot sit as a Judge in any Court of that Kingdome ; and yet none of all these three oathes were sworne by any member of this Assembly . Besides these nullities of this Assembly , what indecencie and rudenesse was to be discerned in it ? not so much as the face of an Ecclesiasticall meeting to bee seen , not a gowne worne by any member of it , unlesse it were by one or two Ministers who lived in the Towne , the appearance in a manner wholly Laicall ▪ amongst the members of it were seven Earles , ten Lords , fortie Gentlemen , one and fiftie Burgesses ; many of them in coloured clothes , and swords by their sides , all which did give voices not onely in very high points of controversie ( which We are sure very many of them did not understand , ) but also in the sentences of excommunication pronounced against the Bishops and others : Nay and more , all things in the Assembly carried by the sway of these lay-Elders , insomuch that all the time which Our Commissioner stayed in the Assembly , it was a very rare thing to heare a Minister speake ; for there was one Earle and one Lord who spake farre more then all the Ministers , except the Moderatour . And in the Assembly every thing which was put to voices , was so clearly discerned to have been resolved amongst themselves before by a palpable pre-agreement , that it was very tedious to the auditors to heare the List of the Assembly called , when the conclusion of it was knowne to them all , after the hearing of his voice who was first called ; which made some present to envie no member of the Assembly but one , whose fortune it was ever to bee first called , his name being set downe first in the List ; his name was Master Alexander Carse Minister of Polwart , one of the Commissioners from the Presbyterie of Dunce : For if the Acts of this Assembly should come out in Latine , and bee thought worth any thing in the Christian world , and withall it should be expressed that the List of the members of it was called to the passing of every Act , and his name should ever be found to be the first , there was never a Father nor Bishop , whose name is in any of the Greeke or Latine Councells , so famous as this man should now be : for hee would be taken for a man of an unparalleled judgement both for soundnesse and profoundnesse , from whose judgement not one of the whole Assembly ( except one , and that but once ) did ever swerve in the least particular ; for as he begun , all the rest did constantly follow . All these things being well considered , what hope could bee conceived of any good , either for the Church or Kingdome , from an Assembly thus miserably constituted ? And therefore We resolved to dissolve it , as knowing that it would make that Church and Kingdome ridiculous to the whole World , especially to the adversaries of Our Religion ; that it would both grieve and scandalize all the other Reformed Churches , and make Our Justice to bee universally traduced , if We should have suffered the Bishops Our subjects , in that which concerned their callings , their reputations and fortunes , to be judged by their sworne enemies thus prepapared against them . After Our Commissioners departure from Glasgow , they still continued their Assembly notwithstanding Our dissolving it by Proclamation under paine of treason : And then immediately the Earle of Argyle , who indeed all this while had beene the heart of their Covenant , begun to declare himselfe openly to be the head of it ; for he presently adjoined himselfe to them , sate continually with them in the assembly , although he were no member of it , nor had suffrage there , but sate onely as their chiefe director and countenancer , and indeed like Our Commissioner . It was not to be expected that after We had dissolved the assembly , they would observe any greater moderation in their proceedings then they had done before : nor did they indeed ; for all things passed in a hudling confusion , nothing argued publikely , but every particular referred to some few Committees , who were the most rigidest they could pick out of the whole packe : what they resolved on , was propounded presently to the assembly , swallowed downe without further discussing ; Mr Alexander Carse was called up , what he said first all the rest said the same . In one houre they declared six generall assemblies to be null and void , though two of them were then and are still in force by severall acts of Parliament , and divers acts of the other foure are ratified and confirmed by Parliament . In another houre they condemned , upon the report of a few Ministers , all the Arminian tenets ( as they call them ) and , under that name , many things received by all the Reformed Churches : a strange way , to condemne the Arminian tenets without defining what those tenets were . In another houre , they deprived the Archbishop of Saint Andrewes , the Bishops of Galloway and Brechen , and so at other times all the rest of the Bishops , many of whom they likewise excommunicated : where it is observable , that in the printed acts of this their ( now after Our dissolving of it ) pretended assembly , the acts of the depositions of the Bishops beare no such odious crimes , as they had made Our people beleeve they were guilty of in that infamous libell which they caused to be read in the Pulpits against them ; for proofe whereof We have caused one of their sentences of deposition to be here inserted , whereby it may be seene that not so much as one witnesse was examined , nor offered to be produced against them for any one of those fearfull crimes with which they were slandered in the libell , but were onely deposed for their obedience to acts of Parliaments and generall assemblies . Sentence of deposition against Mr John Guthrie pretended Bishop of Murray ; Mr John Grahame pretended Bishop of Orknay ; Mr James Fairly pretended Bishop of Lismoir ; Mr Neil Campbell pretended Bishop of Isles . THe generall Assembly having heard the libels and complaints given in against the foresaids pretended Bishops , to the Presbytery of Edinburgh , and sundry Presbyteries within their Diocesse , and by the saids Presbyteries referred to this Assembly to be tried : The said● pretended Bishops being lawfully cyted , oftentimes called , and not compearing , proceeded to the cognition of the complaints and libels against them ; and finding them guiltie of the breach of the cautions agreed upon in the Assembly at Montrose Anno 1600. for restricting of the Minister voter in Parliament , from incroaching upon the liberties and jurisdictions of this Kirk , which was set downe with certification of deposition , infamie , and excommunication ; and especially for receiving consecration to the office of Episcopacie , condemned by the Confession of Faith , and Acts of this Kirke , as having no warrant nor foundament in the word of God ; and by vertue of this usurped power , and power of the high Commission , pressing the Kirke with novations in the worship of God ; and for their refusall to underlye the triall of the reigning slander of sundry other grosse transgressions and offences laid to their charge : Therefore the Assembly , moved with zeale to the glorie of God , and purging of this Kirke , ordaines the saids pretended Bishops to be deposed , and by these presents doth depose them , not onely of the office of Commissionarie to vote in Parliament , Councell , or convention in name of the Kirke ; but also of all functions , whether of pretended Episcopall or ministeriall calling : And likewise in case they acknowledge not this Assembly , reverence not the constitutions thereof , and obey not the sentence , and make not their repentance , conforme to the order prescribed by this Assembly , ordaines them to be excommunicated , and declared to be of these whom Christ commandeth to be holden by all and every one of the faithfull as Ethnicks and Publicans : and the sentence of excommunication to be pronounced upon their refusall , in the Kirks appointed , by any of these who are particularly named , to have the charge of trying their repentance or impenitencie , and that the execution of this sentence be intimate in all the Kirkes within this Realme , by the Pastours of every particular congregation , as they wil be answerable to their Presbyteries and Synods , or the next generall Assembly , in case of negligence of the Presbyteries and Synods . IN another houre they declared Episcopall government to be inconsistent with the lawes of that Church and Kingdome , and so abolished it for ever , though it did then , and doth still stand confirmed by many Acts both of Parliaments and Assemblies : they deprived the Ministers , whose hands were at the Protestations against lay-Elders and elections made by them : some Ministers they deprived for Arminianisme ; a course never heard of in any place where any rule of justice was observed , that a Minister should be deprived for holding any tenet which is not against the doctrine of that Church wherein he liveth , and that before it be prohibited and condemned by that Church : Now there is nothing in the confession of that Church against these tenets . At the Synod of Dort no man was censured for holding any doctrine against the conclusions of it , before the Synod had determined against them , nor was hee to bee censured for any thing he had preached or printed , before that Synod did tender unto him their Canons to be subscribed : But at Glasgow no such course was taken , but Ministers were deprived without so much as ever being once asked the question whether they held any such opinion ; or if they did , whether they would now recall their opinions , and conforme their judgements to the judgement of the Assembly in these points . Some of their Ministers being asked the question , With what conscience or justice they could deprive their brethren for holding opinions not condemned by that Church , who perhaps after their Church had condemned them , out of their love to the peace of their Church would have forborne any further medling with them ; They returned this weake answer , That these tenets were condemned by that Church under the generall name of Poperie : But they could make no answer when it was told them , That certainly these tenets could not be counted Popish , concerning which , or the chiefe of which , as learned Papists as any in the World , viz. the Dominicans and Jesuites did differ as much as the Protestants did ; and that those who doe adhere to the Augustan confession , did hold that side of these tenets which the Arminians doe hold , and yet they were very far from being Papists , being the first Protestants ; and therefore it was against all sense to condemne that for Poperie , which was held by many Protestant Churches , and rejected by many learned Papists . But all would not serve ; they would deprive Ministers for holding them , before they themselves had condemned them . In the deprivation of one of these Ministers there did fall out a memorable passage , which was this : The Moderatour of the Assembly , after the sentence of a Ministers deprivation , was pleased to move this learned question to the Assembly , Whether ▪ if this deprived Minister should baptize a childe , the childe must not be baptized againe ? But he was presently taken off by one of his brethren , who it seemeth was much ashamed of such a question , & told him , That they did never re-baptize those who had been baptized by Popish Priests ; and so all further talke of it was hushed . What conclusions were to bee expected from an Assembly whose Moderatour was so grosly ignorant as to move such questions , is easie to be conjectured . And the weaknesse of their conclusions would easily appeare , if all their severall Acts were printed ; but because the Reader shall be able to make some judgement of them , We have here caused an Index of the titles of their Acts to bee inserted , by which may be seen what they hold . An Index of the principall Acts of the Assembly at Glasgow , 1638. SUndry Protestations betwixt the Commissioner his Grace and the members of the Assemblie . Master Archibald Johnstone his admission to be Clerk , and his production of the Registers of the Church , which were preserved by Gods wonderfull providence . An Act disallowing any private conference , and constant Assessors to the Moderator . The Act ratifying the authenticknesse of the Registers , with the reasons thereof . The Act registrating his Majesties will given in by his Commissioner . The Act bearing the Assemblies Protestation against the dissolution thereof . The Act deposing Master David Michel Minister at Edinburgh . The Act deposing Master Alex. Glaidstounes Minister at S. Andrews . The Act annulling the six late Assemblies holden at Linlithgow 1606. and 1608. at Glasgow 1610. at Aberdene , 1616. at Saint Andrewes , 1617. at Perth , 1618. with the reasons of the nullitie of everie one of them . The Act declaring the nullitie of the oath exacted by Prelats of Intrants [ id est , Such as are instituted to Benefices . ] The Act deposing Master John Creichtone Minister at Paislay . The Act condemning the Service Book . The Act condemning the Book of Canons . The Act condemning the Book of Ordination . The Act condemning the High Commission . The sentence of deposition , and excommunication of the sometime pretended Bishops of Saint Andrewes , Glasgow , Rosse , Galloway , Brichen , Edinburgh , Dumblane , Aberdene . The sentence of deposition against the sometime pretended Bishops of Murray , Isles , Argyle , Orknay , Cathnes , and Dunkell . The large Act clearing the meaning of the Confession of Faith made Anno 1580. as abjuring and removing Episcopacie . The Act declaring the five Articles to have beene abjured and to be removed . Sentence of deposition against Master Thomas Forrester . Sentence of deposition against Master William Ahannan . Sentence of deposition against Master Robert Hammiltoun Minister at Glasford . Sentence of deposition against Master Thomas Mackeney . Act anent the Presbyterie of Auchterardours present seat at Aberuskene for the time . Act restoring Presbyteries , provinciall , and generall Assemblies to their constitution , of Ministers and Elders , and their power and jurisdiction contained in the Book of policie . Act erecting Presbyteries in Argyle . Act referring to the Presbyteries the consideration of their meetings . Act concerning the Visitation of particular Kirks , Schooles , and Colledges . Act against non-Residents . Act concerning the planting of Schooles in the Countrey . Act concerning the power of Presbyteries admission of Ministers , and choosing of their Moderators . Reference to the Presbyteries anent the competencie of Parochioners and Presbyteries . Act concerning the entrie and conversation of Ministers , ratification of the Act 1598. Act of reference to Presbyteries concerning the defraying of the expences of the Commissioners . Act of reference concerning repressing , of Poperie and Superstition . Act of reference to the Presbyteries concerning the more frequent celebration of the Lords Supper . Act of reference concerning markets on Munday and Saturday within Burrowes . Act against the profanation of the Sabbath for want of afternoones exercise . Act against the frequenting the companie of excommunicate persons . Act setting down the Roll of Provinciall Assemblies , and some orders thereanent . Act of reference against milnes and salt pans . Act anent the order of receiving the repentance of any penitent Prelates . Act anent the excommunicating of the Ministers deposed , who doe not obey their sentence . Act against those who speake or write against the Covenant , this Assembly and constitutions thereof . Act of reference anent the voicing in the Kirk Sessions . Act condemning Chapters , * Archdeans , preaching Deacons , and such like Popish trash . Act against the obtruding of Pastors upon people . Act against marriage without Proclamation of Banes. Act against funerall sermons . Act anent the triall of expectants ; [ that is , such as are not possessed of any Benefice . ] Act anent the admission of Master Archibald Johnstoun to be Advocate , and Master Rob. Dalgleish to be Agent for the Kirk . Act anent the transplantation of Master Alexander Henderson from Leuchars to Edinburgh . Act of reference to the Presbyteries and Provinciall Assemblies , to take order with Salmon-fishing . Act of transporting Master Andro Cant from Pitsligo to Newbotle . Act condemning all civill offices in the persons of Ministers separate to the Gospel , as to be Justices of peace , sit in Session or Councell , to vote or ride in Parliament . Act concerning a Commission for complaints about Edinburgh . Another Commission to sit at Jedburgh . Another Commission to sit at Irwin . Another Commission to sit at Dundee . Another Commission to sit at the Channeries and Forres . Another Commission to sit at Kircubright . A Commission for visitation the Colledge of Aberdene . A Commission for visitation of the Colledge of Glasgow . Act against Salmon fishing , and going of milnes on the Sabbath day . Act appointing the Commissioners to attend the Parliament , and Articles which they are to represent in name of the Kirke to the Estates . Act ordaining the Commissioners from Presbyteries and Burrowes presently to get under the Clerks hand an Index of the Acts , and hereafter a full extract of them , which they are bound to take back from the Assembly to the Presbyteries and Burrowes . Act ordaining the Presbyters to intimate in their severall pulpits the Assemblies explanation of the Confession of faith , the Act against Episcopacie , the Act against the five Articles , the Act against the Service book , booke of Canons , booke of Ordination , the High Commission , the Acts of excommunication and deposition against some Prelates , and Act of deposition onely against some others of them . * An Act discharging Printers to print any thing either anent the Acts or the proceedings of this Assemblie , or any treatise which concernes the Kirke , without a warrant under Master Archibald Johnstouns hand , as Clerke to the Assemblie , and Proctor for the Kirke , and that under the pain of all Ecclesiasticall censure to be intimate with other Acts. Act ordaining the Covenant subscribed in Febr. now to be subscribed with the Assemblies Declaration . * Act discharging all subscription to the Covenant subscribed by his Majesties Commissioner and the Lords of Councell . Act ordaining all Presbyteries to keepe a solemne thanksgiving in all Parishes , for Gods blessing , and good successe in this Assembly , upon the first convenient Sabbath . Act against those who are malicious against this Church , decliners or disobeyers of the Acts of this Assembly . Act warranting the Moderatour and Clerke to give out summons upon relevant complaints , against parties to compeere before the next Assembly . Act renewing the priviledges of yeerely generall Assemblies , and oftner , pro re nata , and appointing the third Wednesday in July next in Edinburgh for the next generall Assembly . Act that none be chosen ruling Elders to sit in Presbyteries provinciall , or generall Assemblies , but those who subscribe the Covenant , as it is now declared , and acknowledges the constitution of this Assembly . * Act to transport Master Rob. Blair from Aire to St. Andrewes . Act for representing to the Parliament the necessitie of the standing of the Procutors place for the Kirk . There are many lesse principall Acts omitted , so the Index is not fully perfect . A. Jhonston . BY these it is easie to be discerned what conclusions , tending to Sedition and Rebellion , and the overthrow of the lawes both of Church and Kingdome , were agreed upon ; what false , nay and what foolish positions there were established ; For instance , Had it not been enough to have removed Episcopall government , the five Articles of Perth , and the other pretended innovations , if they had been furnished with lawfull power so to doe ? No , but they will have it concluded , that all these were abjured in the confession of faith when it was first sworne ; which no reasonable man can beleeve ▪ and which they themselves did allow in many not to abjure when they first swore their Covenant , and to which many Ministers , members of this Assembly , had sworne at their admission into their Benefices , according to the Acts of Parliament , and Acts of generall Assembly provided in that case ; And so by swearing that these things were abjured in the first confession , they make them profess that they had perjured themselves in taking the other oath of their conformitie to these pretended innovations : Upon which rocke one Minister of the Assembly finding himselfe to be set fast , when that Act was voiced unto which declared Episcopall government , and the five Articles of Perth to have been abjured formerly , and so to be for ever removed : Mr. Robert Baylie voiced thus , Removed but not abjured , to the great scandall of the rest of the Assembly , hee being reputed for one of the ablest men in it : But the Act was drawne up in these termes , Abjured and removed , by the voices of all the Assembly , except his alone , who , knowing that all the Acts were particularly to be read and voiced to againe , had drawn up a supplication to the Assembly in the name of those Ministers , who before had conformed themselves to the five Articles of Perth , for a mitigation of that Act , at least that it might receive a publique hearing and arguing ; which the rest having knowledge of , when that Act came to bee read and voiced to againe , one of the Lords , who was a lay-Elder , perswaded with the Clerke , that in calling the List this Minister his name should be omitted , and so the Act passed without so much as asking of his voice , who had his supplication ready when he should be called upon by his name , but perceiving that the omission of his name was purposely done , he durst stirre no more in it , for feare of publique envie , and some private mischiefe which might be done unto him ; And yet you must think this was a most godly and free Assembly . Towards the end of their Assembly , they divided themselves into severall Committees , which should after their rising see all their Acts put in execution ; a thing never heard of before in that Church . The Moderatour concluded with thankes to God for their good successe , and then to the Nobilitie and the rest for their great paines , and last of all with a speech to the Earle of Argyle , giving him thankes for his presence and counsell , by which they had been so much strengthened and comforted : The Lord Argyle answered him with a long speech ; first , intreating all present not to misconstrue his too late declaring himselfe for them , protesting that he was alwaies set their way , but had delayed to professe it so long as he found his close carriage might be advantagious to their cause ; but now of late , matters had come to such a height , that he found it behoved him to adjoin himself openly to their societie , except he should prove a Knave , ( this was , as We are informed , his owne word ) : Then he went on and exhorted them all to unitie , wishing all , but especially the Ruling-Elders and Ministers , to keepe a good correspondence ; intreated all the Ministers to consider what had brought the Bishops to ruine , viz. pride and avarice , and therefore willed them to shun these two rockes if they would escape shipwrack . The Lord who delivered this speech , delivered indeed the true meaning and sense of the Covenanters : for it was neither the Bishops bringing in the pretended innovations , nor their suspecting them to bee guilty of the odious crimes expressed against them in their Libell , which incensed this and the other Covenanting Lords against the Bishops , but their feare of their daily rising in dignitie and place , which in this speech is called pride in them ; and their feare that the Bishops might recover out of their hands by law some of the Church lands belonging to their Churches , which in this speech is called avarice in the Bishops . In the meane time , whether it be not pride in these Lords to envie any mans rising in the Church and Common-wealth , according to that worth and sufficiencie which his Prince shall find in him , and whether it bee not avarice in them not to endure that other men should legally seeke to recover their owne from them , shall be left to the judgement of the indifferent Reader . But for this revolted Lord who made this speech , and professeth in it , That if he had now not adjoyned himselfe to them , he should have proved a Knave , We can give this testimonie of him , That at his last being here with Us in England ( at which time We had good reason to mis-doubt him ) he gave Us assurance that hee would rest fully satisfied , if We would performe those things which Wee have made good by Our last gracious Declaration ( in which We have granted more then We did at that time promise ) so that We had little reason to expect his adjoyning himselfe to them , who had given Us so great assurance to the contrary , besides that assurance which hee gave to Our Commissioner when hee was in Scotland . And now if by his owne confession hee carried things closely for the Covenanters advantage , being then one of the Lords of Our secret Councell , and that in the end hee must openly joyne with them or bee a Knave ; what hee hath proved himselfe to bee by this close and false carriage , let the World judge . Our Commissioner , after he had by Our commandement dissolved the Assembly , hearing that they who remained still at Glasgow under the name of an Assembly , went about to put such a sense upon that confession of faith and band annexed , which We lately had commanded to bee renewed , as agreed best with those corrupt glosses and false interpretations , which by their owne Covenant they had put upon it , as if Episcopall government had now by Our commandement been abjured ; and so did begin to magnifie Our Covenant , and resolved to declare it to be all one with their owne , though they had in their Pulpits called it the depth of Sathan , and had assured their followers , that it could not bee sworne unto without perjurie , and that even after that Act of Councell , upon which they did ground their interpretation , he , having perused Our instructions which required him not to suffer the confession of faith to be sworne in any sense , which might not consist with the lawes of that Church and Kingdome then in force ; thought it convenient to print a Declaration of Our cleare meaning and intention in requiring that oath ; which , so soon as it was published , made them quite change their minds , and prohibit the subscription to Our Covenant , which they had immediately before so much extolled : Our Commissioners Declaration We have here caused to be re-printed together with their printed answer to it , because We are confident both by Our owne judgement , and the judgement of others who have perused them both , that the five reasons contained in Our Commissioners Declaration stand yet unshaken for any thing delivered in their answer unto them ; and that as strongly as the Divines of Aberdenes first Queries , Replies and Duplies doe . Our Commissioners explanation followes . An Explanation of the Oath and Covenant . WHereas some have given out that by the Act of Councell , which explaineth the Confession of Faith lately commanded to bee sworne by his Majestie , to be understood of the Confession of Faith , as it was then professed and received , when it was made , and that in that Confession , defence both of the doctrine and discipline then established is sworn , at which time Episcopall government being ( as they say ) abolished , it must needs follow , that the same government is by this late oath abjured . And understanding that even amongst those who continue together still at Glasgow , under the name of a pretended and unlawfull generall Assemblie , this objection is held to be of some moment , and used by them to the great disturbance of the peace of this Church and Kingdome , and to the great disquieting of the mindes of such his Majesties good subjects as have taken the said Oath , and yet never meaned nor do meane to abjure Episcopall Government ; and to perswade others , that if they shall take the same Oath thus explained by the said Act of Councell , by so doing they must likewise abjure the said government .. We James Marquesse of Hamiltoun , his Majesties High Commissioner , wondring that any such scrupulous misconstruction should be made of his Majesties gracious and pious intentions , and being desirous to remove all doubts from the mindes of his Majesties good subjects , and to keep them from being poysoned by such as by forced and forged inferences would make them beleeve , that they had actually by taking that Oath sworne that which neither virtually nor verily they have sworne , or ever intended to sweare , or was required by Authoritie to be sworne by them , either directly or indirectly ; considering that all Oathes must be taken according to the minde , intention , and commandement of that Authoritie which exacteth the Oath ; and that we , by speciall commandement from his sacred Majestie , commanded the said Oath to be administred , wee do hereby freely and ingeniously professe and declare our minde and meaning herein , as wee have constantly heretofore done since our comming into this Kingdome about this imployment ; viz. That by any such words or Act of Councell we never meaned or intended that Episcopall government should bee abjured , nor any thing else which was established by Acts of Parliament , or Acts of the Church of this Kingdome which are now in force , and were so at the time of the taking of the said Oath . Nor indeed could wee have any other intention or meaning , being clearely warranted and expresly commanded by his Majesties instructions , to exact the said Oath , and take order that it should bee sworne throughout the Kingdome in that faire and lawfull sense , and none other : Neither in this point did we deliver our owne words , or his Majesties minde ambiguously or doubtfully , so as any other sense , to our thinking , could bee picked or wrung out of either the one or the other ; for we do attest the Lords of the Councell , whether wee did not to manie , or all of them upon severall occasions in conference with them ever since our comming into this Kingdome , constantly declare unto them , that his Majesties resolution was not to suffer Episcopall government to be abolished : Wee attest all the Lords of Session , whether before our tendering of that Oath to them , or their Lordships taking of it , wee did not fully and freely declare to them , that his Majesties minde in commanding us to see this Oath taken , and our own minde in requiring them to take it , was onely to settle and secure the Religion and Faith professed in this Kingdome , but was not to bee extended to the abjuring of Episcopall government , or any other thing now in force by the Lawes of this Church and State at the time of administring this Oath , which their Lordships , being the reverend and learned Judges of the Lawes , knew well could not bee abjured ; after which perspicuous predeclaration of our minde , their Lordships undoubtedly in that same sense and none other took the said Oath . And now , good Reader , having heard his Majesties minde and intention , and in pursuance of them the minde of his Majesties High Commissioner concerning this Oath , the reasons to repell the former objection seeme to bee needlesse ( the knowne minde of the supreme Magistrate who urgeth an Oath , being to be taken for the undoubted sense of it ; ) yet for as much as that objection hath of late beene mainly urged for alienating the mindes of many of his Majesties good subjects , and well affected to that government , from adhering unto it , be pleased to know , that the former objection hath neither shew nor force of reason in it , and that by the said Oath and that explanation set down in the Act of Councell , Episcopall government neither was , nor possibly could bee , abjured , and that for many reasons , but especially these five , which we having seen and approved , have caused to bee here inserted , and leave them to thine impartiall consideration . First , God forbid it should be imagined that his Majestie should command his subjects to take an Oath which in it selfe is absolutely unlawfull ; but for a man to sweare against a thing which is established by the Lawes of Church and Kingdome in which he liveth ( unlesse that thing be repugnant to the Law of God ) is absolutely unlawfull , untill such time as that Kingdome and Church do first repeale these Lawes ; and therefore Episcopall government , not being repugnant to the Law of God , nay , being consonant unto it , as being of Apostolicall institution ( which shall be demonstrated if any man please to argue it ) and standding fully established , both by Acts of Parliament , and Acts of generall Assemblie at the time when this Oath was administred ; to abjure it before these Acts be repealed , is absolutely unlawfull , and against the word of God : and it is to be hoped no man will conceive that his Majestie meaned to command a thing absolutely unlawfull . And if it should be said , as it is said by some , ( who not being able to avoid the force of reason , do betake themselves to pitifull shifts and evasions ) that these Acts of Parliament and Assembly , establishing Episcopall government , were unlawfully and unduly obtained ; certainely if they have any reasons for this their bold assertion , which is of a more dangerous consequence then that it ought to be endured in any well setled Church or Common-wealth ; these reasons may bee presented lawfully to these judicatories to entreat them to reduce the saids Acts , if there shall be strength and validitie found in them : But to hold , that untill such time as these judicatories shall repeale the saids Lawes , they either ought to bee , or can possibly bee abjured , is a wicked position , and destructive of the verie foundation of justice both in Church and Common-wealth . Secondly , it cannot bee imagined that this Oath should oblige the now takers of it farther then it did oblige the takers of it at first : for doctrine and points of faith it did oblige them then , and so doth it us now , perpetually , because these points in themselves are perpetuall , immutable , and eternall : But for points of discipline and government , and policie of the Church , that Oath could binde the first takers of it no longer then that discipline and government should stand in force by the Lawes of this Church and Kingdome , which our Church in her positive Confession of Faith printed amongst the Acts of Parliament , Artic . 20.21 . declareth to bee alterable at the will of the Church it selfe , and so repealable by succeeding Acts , if the C●●rch shall see cause . When a King at his Coronation taketh an Oath to rule according to the Lawes of his Kingdom , or a Judge at his admission sweareth to give judgement according to these Lawes , the meaning of their Oaths cannot be that they shall rule or judge according to them longer then they continue to be Lawes : but if any of them shall come afterwards to bee lawfully repealed , both King and Judge are free from ruling and judging according to such of them as are thus lawfully repealed , notwithstanding their originall Oath . Since therefore if the first takers of that Oath were now alive , they could not bee said to have abjured Episcopall government , which hath been since establshed by Lawes of this Church and Kingdom , especially considering that this Church in her Confession holdeth Church government to bee alterable at the will of the Church ; certainely we repeating but their Oath , cannot be said to abjure that government now , more then they could be said to do it if they were now alive and repeating the same Oath . Thirdly , how can it be thought that the verie Act of his Majesties commanding this Oath should make Episcopall government to bee abjured by it , more then the Covenanters requiring it of their associats , in both Covenants the words and syllables of the Confession of Faith being the same ? Now it is well knowne that many were brought in to subscribe their Covenant , by the solemne protestations of the contrivers and urgers of it , that they might subscribe it without abjuring of Episcopacie , and other such things as were established by Law , since the time that this Oath was first invented and made ; and the three Ministers in their first answers to the Aberdene Quaeres have fully and clearely expressed themselves to that sense , holding these things for the present not to bee abjured , but onely referred to the tryall of a free generall Assemblie : And likewise the adherers to the last Protestation against his Majesties Proclamation , bearing date the ninth of September , in their ninth reason against the subscription urged by his Majestie do plainely averre , that this Oath urged by his Majestie doth oblige the takers of it , to maintaine Perth Articles , and to maintaine Episcopacie . Why therefore some men swearing the same words and syllables should have their words taken to another sense , and bee thought to abjure Episcopall government , more then others who have taken the same oath in the same words , must needs passe the capacitie of an ordinarie understanding . It is a received maxime , and it cannot be denied , but that oaths ministred unto us must either bee refused , or else taken according to the knowne minde , professed intention , and expresse command of Authoritie urging the same : A proposition , not onely received in all Schooles , but positively set down by the adherers to the said protestation totidem verbis in the place above cited . But it is notoriously knowne even unto those who subscribed the Confession of Faith by his Majesties commandment , that his Majestie not onely in his Kingdomes of England and Ireland , is a maintainer and upholder of Episcopall government according to the laws of the said Churches and Kingdomes , but that likewaies he is a defender , and intends to continue a defender of the same government in his Kingdome of Scotland , both before the time , and at the time when hee urged this oath ; as is evident by that which is in my Lord Commissioner his Preface , both concerning his Majesties instructions to his Grace , and his Graces expressing his Majesties minde , both to the Lords of Councell , and to the Lords of Session ; and the same likewayes is plainly expressed and acknowledged by the adherers to the said protestation in the place above cited : their words being these ; And it is most manifest that his Majesties minde , intention , and commandment , is no other but that the Confession be sworne , for the maintenance of Religion , as it is already or presently professed ( these two being co-incident altogether one and the same , not onely in our common forme of speaking , but in all his Majesties Proclamations ) and thus as it includeth , and continueth within the compasse thereof , the foresaids novations and Episcopacie , which under that name were also ratified in the first Parliament holden by his Majestie . From whence it is plaine , that Episcopacie not being taken away or suspended by any of his Majesties declarations , as these other things were which they call novations ; it must needs both in deed , and in the judgement of the said protesters no wayes bee intended by his Majestie to be abjured by the said oath . Now both the major and that part of the minor which concerneth Episcopall government in the Church of Scotland , being clearly acknowledged by the Protesters ; and the other part of the minor concerning that government in his other two Kingdomes being notoriously knowne , not onely to them , but to all others who know his Majestie , how it can be imagined that his Majestie by that oath should command Episcopacie to be abjured , or how could any one to whom his Majesties minde concerning Episcopall government was known , honestly or safely abjure it , let it be left to the whole world to judge ; especially considering that the Protesters themselves in that place above cited , by a dilemma , which we leave to themselves to answer , have averred , that when that Act of Councell should come out , yet that it could not be inferred from thence that any such thing was abjured . Fifthly and lastly , If the explanation in that Act of Councell be taken in that not onely rigid but unreasonable and senslesse sense which they urge , yet they can never make it appeare , that Episcopall government at the first time of the administring of that oath was abolished : The very words of that Confession of Faith , immediatly after the beginning of it , being these , Received , beleeved , defended by many and sundrie notable Kirks and Realmes , but chiefly by the Kirk of Scotland , the Kings Majestie and three Estates of this Realme , as Gods eternall truth and onely ground of our salvation , &c. By which it is evident , that the subscription to this Confession of Faith is to be urged in no other sense then as it was then beleeved and received by the Kings Majestie , and the three Estates of this Realme at that time in being ; and it is well knowne , that at that time Bishops , Abbats and Priors made up a third Estate of this Realme , which gave approbation to this Confession of Faith : and therefore it is not to bee conceived , that this third Estate did then abjure Episcopacie , or that Episcopacie was at the first swearing of that Confession abolished . But say that at that time it was abolished by Acts of generall Assemblie , yet was it not so by any Act of Parliament , nay by many Acts of Parliament it was in force , because none of them was repealed ; some whereof are annexed in the sheet immediatly after these reasons , which wee pray the Reader carefully to peruse and ponder : and at the very time of the taking of this oath and after , Bishops , whose names are well knowne , were in being . Now it is to bee hoped that in a Monarchie , or any other well constituted republick , that damnable Jesuiticall position shall never take place , That what is once enacted by a Monarch and his three Estates in Parliament , shall ever be held repealed or repealable by any Ecclesiasticall nationall Synod . By all which it is evident , that the explanation of that Act of Councell so groundlesly urged , can induce no man to imagine that by the Confession of Faith lately sworne by his Majesties commandment , Episcopall government , which then did , and yet doth stand established by Acts of this Church and Kingdome , either was , or possibly could be abjured . And having now ( good Reader ) heard his Majesties minde in his instructions to us , our minde in requiring in his Majesties name this oath to be taken , and these few reasons of many which doe evidently evince the inconsequence of that sense , which without any shew of inference is put upon it by those who would go on in making men still beleeve , that all which they doe or say is grounded upon Authority , though they themselves doe well know the contrary ; wee suppose that all they who have taken this oath will rest satisfied that they have not abjured Episcopall government ; and that they who shall take it , will take it in no other sense . Which timely warning of ours , we are the more willing to give , because we are given to understand , that even they who were wont to call the takers of this oath ( notwithstanding of that explanation by act of councell ) perjured and damned persons , and in their pulpits called the urging of it the depth of sathan , doe now meane to take it themselves , and urge others to take it in that sense which they make men beleeve ( though wrongfully ) that act of councell makes advantageous to their ends . But we doe in his Majesties name require that none presume to take the said oath , unlesse they bee required so to doe by such as shall have lawfull authoritie from his Majestie to administer it unto them : being confident , that none either will or can take the said oath or any other oath in any sense , which may not consist with episcopall government , having his Majesties sense , and so the sense of all lawfull authority fully explayned to them . HAMILTOUN . THat episcopall jurisdiction was in force by acts of parliament , & no wayes abolished nor suppressed in the yeare 1580. nor at the time of reformation of religion within the realm of Scotland , doth evidently appeare by the acts of parliament after mentioned . First by the parliament 1567. cap. 2. whereby at the time of reformation the Popes authoritie was abolished , it is enacted by the said act , That no bishop , nor other prelate in this realme , use any jurisdiction in time coming by the bishop of Romes authority . And by the third act of the same parliament , whereby it is declared , That all acts not agreeing with Gods word , and contrary to the confession of faith approved by the estates in that parliament , to have no effect nor strength in time to come . Whereby it is evident , that it was not the reformers intētion to suppresse episcopacie , but that bishops should not use any jurisdiction by the bishop of Rome his authority ; & seeing they did allow episcopacie to cōtinue in the church , that they did not esteeme the same contrary to Gods word and confession foresaid : as appeares more clearly by the sixth act of the said parliament , which is ratified in the parliament 1579. cap. 68. whereby it is declared , That the ministers of the blessed Evangell of Iesus Christ , whom God of his mercie hath now raised up amongst us , or hereafter shall raise , agreeing with them that now live in doctrine or administration of the sacraments , and the people of this realme that professe Christ as hee is now offered in his Evangel , and doe communicate with the holy sacraments , as in the reformed kirks of this realme they are publickly administrate , according to the confession of the faith , to be the only true and holy kirk of Iesus Christ within this realme ; without any exception by reason of policie and discipline , declaring only such as either gain-say the word of the Evangel according to the heads of the said confession , or refuse the participation of the holy sacraments as they are now ministrate , to bee no members of the said kirk so long as they keep themselves so divided from the societie of Christs body . Whereby it is manifest , that it was not the said reformers minde to exclude any from that society by reason of discipline , and that they did not at that time innovate or change any thing in that policie they found in the said kirk before the reformation . This is likewaies evident by the oath to be ministred to the king at his coronation , by the eigth act of the said parliament , wherby he is to sweare to maintaine the true religion of Iesus Christ , the preaching of his holy word & due and right ministration of the sacraments now received and preached within this realme , and shall abolish and gainstand all false religion contrarie to the same ; without swearing to any innovation of policie and discipline of the kirk . Secondly , it doth evidently appeare by these subsequent acts of parliament , that by the muncipall law of this realme archbishops and bishops was not only allowed in the kirk , but also had jurisdiction and authority to governe the same . First , by the 24. act of the said parliament , whereby all civill priviledges granted by our soveraigne Lords predecessors to the spirituall estate of this realme , are ratified in all points after the form & tenor therof . And by the 35. act of the parliament 1571. whereby all and whatsoever acts and statutes made of before by our soveraigne Lord and his predecessors anent the freedome and liberty of the true kirke of God , are ratified and approved . By the 46. act of the parliament 1572. whereby it is declared , that archbishops and bishops have the authority , and are ordained to conveen and deprive all inferiour persons being ministers , who shall not subscribe the articles of religion , and give their oath for acknowledging and recognoscing of our soveraigne Lord and his authority , and bring a testimoniall in writing thereupon within a moneth after their admission . By the 48. act of the same parliament , whereby it is declared , that archbishops and bishops have authority at their visitations to designe ministers gleibes . By the 54. act of the said parliament , whereby archbishops and bishops are authorized to nominate and appoint at their visitations , persons in every parochin for making and setting of the taxation , for upholding and repairing of kirks and kirk-yards , and to conveene , try , and censure all persons that shall be found to have applied to their own use the stones , timber , or any thing else pertaining to kirks demolished . By the 55. act of the parliament 1573. whereby archbishops and bishops are authorized to admonish persons married , in case of desertion , to adhere , and in case of disobedience , to direct charges to the minister of the parochin to proceed to the sentence of excommunication . By the 63. act of the parliament 1578. whereby bishops , and where no bishops , are provided , the Commissioner of diocesses , have authority to try the rents of hospitals , and call for the foundations thereof . By the 69. act of the parliament 1579. whereby the jurisdiction of the kirk is declared to stand in preaching the word of Iesus Christ , correction of manners , and administration of the holy sacraments ; and yet no other authority nor office-bearer allowed and appointed by act of parliament , nor is allowed by the former acts ; but archbishops and bishops intended to continue in their authority , as is clear by these acts following . First , by the 71. act of the same parliament , whereby persons returning from their travels are ordained , within the space of twenty dayes after their returne , to passe to the bishop , superintendent , commissioner of the kirks where they arrive and reside , and there offer to make and give a confession of their faith , or then within fourtie dayes to remove themselves forth of the realme . By the 99. act of the parliament 1581. whereby the foresaids acts are ratified and approved . By the 130. act of the parliament 1584. whereby it is ordained , that none of his Majesties lieges and subjects presume or take upon hand to impugne the dignitie and authoritie of the three estates of this kingdome , whereby the honour and authority of the Kings Majesties supreme court of parliament , past all memorie of man , hath beene continued , or to seek or procure the innovation or diminution of the power and authoritie of the same three estates , or any of them in time coming under the paine of treason . By the 131. act of the same parliament , wherby all judgements & jurisdictions as well in spirituall as tēporall causes , in practice & custome , during these twenty foure yeares by-past not approved by his Highnes and three Estates in parliament , are discharged : and whereby it is defended , That none of his highnes subjects of whatsoever qualitie , estate , or function they bee of , spirituall or temporall , presume , or take upon hand to convocate , conveen , or assemble themselves together for holding of councels , conventions , or assemblies , to treat , consult , or determinate in any matter of estate , civill or ecclesiasticall ( except in the ordinary judgements ) without his Majesties speciall commandment , or expresse licence had and obtained to that effect . By the 132. act of the said parliament authorizing Bishops to try and judge ministers guilty of crimes meriting deprivation . By the 133. act of the same parliament , ordaining Ministers exercing any office beside their calling to be tried and adjudged culpable by their Ordinaries . By the 23. act of the parliament 1587. whereby all acts made by his highnesse , or his most noble progenitors anent the Kirk of God , and religion presently professed , are ratified . By the 231. act of the parliament 1597. bearing , That our Soveraigne Lord and his highnesse estates in parliament , having speciall consideration of the great priviledges and immunities granted by his highnesse predecessors to the holy Kirk within this realme , and to the speciall persons exercing the offices , titles , and dignities of the prelates within the same . Which persons have ever represented one of the estates of this realme in all conventions of the said estates ; and that the said priviledges and freedomes have been from time to time renued and conserved in the same integritie wherein they were at any time before . So that his Majestie acknowledging the same to he fallen now under his Majesties most favourable protection , therefore his Majesty with consent of the estates declares , that the Kirk within this realme , wherein the true Religion is professed , is the true and holy Kirk : And that such ministers as his Majestie at any time shall please to provide to the office , place , title , and dignitie of a Bishop , &c. shall have vote in parliament , sicklike and al 's freely as any other Ecclesiasticall prelate had at any time by-gone . And also declares , that all bishopricks vaicking , or that shall vaick , shall be only disponed to actuall preachers and ministers in the kirk , or such as shal take upon them to exerce the said functiō . By the 2. act of the parliament , 1606. whereby the ancient and fundamentall policie , consisting in the maintenance of the three estates of parliament , being of late greatly impaired and almost subverted , especially by the indirect abolishing of the Estate of Bishops by the act of annexation : Albeit it was never meaned by his Majestie , nor by his estates , that the said estate of bishops , being a necessary estate of the parliament , should any wayes be suppressed ; yet by dismembring and abstracting from them of their livings being brought in contempt and povertie , the said estate of bishops is restored , and redintegrate to their ancient and accustomed honour , dignities , prerogatives , priviledges , lands , teindes , rents , as the same was in the reformed kirk , most amply and free at any time before the act of annexation ; rescinding and annulling all acts of parliament made in prejudice of the said bishops in the premisses , or any of them , with all that hath followed , or may follow thereupon , to the effect they may peaceably enjoy the honours , dignities , priviledges , and prerogatives competent to them or their estate since the reformation of religion . By the 6. act of the 20. parliament , declaring that archbishops and bishops are redintegrate to their former authority , dignitie ▪ prerogative , priviledges and jurisdictions lawfully pertaining and shall be knowne to pertain to them , &c. By the 1. act of the parliament 1617. ordaining Archbishops and Bishops to be elected by their Chapters , and no other wayes , and consecrate by the rites and order accustomed . This is the Explanation , and now followeth their answer , which shall receive no reply , as being confident that there is nothing in it that hath weakened any thing contained in the five reasons . Onely , where there is any new or dangerous position of theirs , or any other thing which may seeme with any shew fit to be observed , you shall finde it noted upon the margine , as it here ensues . AN ANSVVER TO THE PROFESSION AND DECLARATION Made by JAMES Marquesse of HAMILTON , His MAIESTIES high Commissioner , at Edinburgh , An. 1638. in December . THis ancient Kingdome , although not the most flourishing in the glory and wealth of the World , hath been so largely recompensed with the riches of the Gospel , in the reformation and puritie of Religion from the abundant mercy & free grace of our GOD towards us , that all the reformed Kirks about us , did admire our happinesse . And King JAMES himselfe of happy memory , gloried that he had the honour to be born , and to be a King in the best reformed Kirk in the world . Those blessings of pure doctrine , Christian government , and right frame of discipline we long enjoyed , as they were prescribed by GODS own word ; who as the great Master of his family , left most perfect directions for his own oeconomie , and the whole officers of his house : till the Prelats , without calling from GOD , or warrand from his word , did ingire themselves by their craft and violence upon the house of GOD. Their craftie entry at the beginning was disguised under many cautions and caveats , which they never observed , and have professed since , they never intended to observe , though they were sworn thereto . Their wayes of promoving their course were subtile and cunning : as in abstracting the registers of the Kirk , wherein their government was condemned ; in impeding yearly generall Assemblies , whereunto they were subject and comptable , and generally in enfeebling the power of the Kirk , and establishing the same totally in their own persons : whereby in a short time they made such progresse , that being invested in the prime places of estate , and arming themselves with the boundlesse power of the high Commission , they made themselves lords over GODS inheritance : and out of their greatnesse , without any shew of order or Councell , without advise of the Kirk , but at their own pleasure enterprised to alter and subvert the former doctrine and discipline of this Kirk , and introduce many fearefull corruptions and innovations , to the utter overthrow of Religion ; and to make us no lesse miserable then we were happy before . These pressing grievances did at length awake the good Subjects to petition his Majesty and his Councell for redresse . And albeit at last , after many reiterated supplications and long attendance , his Majestie hath been graciously pleased to grant a free generall Assembly ; yet in the beginning by the credit of the Prelates , and their commoditie of accesse , his Royall eare was long stopped to our cryes , and wee discharged under the paine of treason to meet for making any more remonstrances of our just desires . In this distresse none other mean , nor hope of redresse being left , wee had our recourse to GOD , who hath the hearts of all Kings and Rulers in his hand ; and therefore taking to our heart , that GOD had justly punished us , for the breach of that nationall Covenant , made with GOD , in Anno 1580. We thought fit to reconcile our selves to him again , by renewing the same Covenant . And so , in obedience to his * divine Commandement , conforme to the practise of the godly in former times , and according to the laudable example of our religious Progenitours , warranted by acts of Councell , we again renewed our confession of Faith of this Kirk and Kingdome , as a reall testimony of our fidelitie to GOD , in bearing witnesse to the truth of that Religion whereunto we were sworn to adhere in Doctrine and Discipline , of our loyaltie to our Soveraigne , and mutuall union among our selves in that cause . Which Confession , with a sensible demonstration of GODS blessing from heaven , was solemnly sworn and subscribed , by persons of all ranks , throughout this Kirk and Kingdome , with a necessar explanation and application for excluding the innovations and corruptions introduced in the Religion , and government of this Kirk , since the yeare 1580. that so our oath to GOD might be cleare for maintenance of the doctrine and discipline then professed and established , and according to the meaning of that time . The happie effects of this our resolution and doing , have been wonderfull : And since that time GODS powerfull hand in the conduct of this businesse hath evidently appeared . For after some time , upon the continuance of our groanes and supplications , our gracious Soveraigne was pleased to send into this Kingdome , The noble Lord JAMES Marques of Hamiltoun , &c. with commission to heare and redresse our heavie grievances : who after many voyages to his Majestie , and long conferences and treating with us , needlesse to be related in this place , did in end , by commandement from his Majestie , indict a free generall Assembly to be holden at Glasgow the twentie one of November last , and proclaimed a Parliament to be holden at Edinburgh the fifteenth of May next to come , for setling a perfect peace in this Kirk and Kingdome : And further to give full assurance to the Subjects , that his Majestie did never intend to admit any change or alteration in the true religion , already established and professed in this Kingdome : And that all his good people might be fully and clearly satisfied of the realitie of his royall intentions for the maintenance of the truth and integritie of the said Religion , his Majestie did injoyn and command all the Lords of his privie Councell , Senatours of the Colledge of Justice , and all other Subjects whatsoever , to renew and subscribe the confession of Faith formerly subscribed by King JAMES of blessed memory and his houshold in Anno 1580. and thereafter by persons of all ranks , in Anno 1581. by ordinance of the Councell , and acts of the generall Assembly , and againe subscribed by all sorts of persons in Anno 1590. by a new ordinance of Councell , at the desire of the generall Assembly , with a band for maintenance of the true Religion , the Kings person , and each of other in that cause : as the Proclamation of indiction , being dated at Oatlands , the 9. of September , published at the Mercat crosse of Edinburgh , the 22. of the said moneth , more fully proporteth . Upon the hearing of which Proclamation , These who were attending at Edinburgh , and expecting a gracious answer of our former desires , as out of bounden dutie they did with all thankfulnesse acknowledge his Majesties gracious favour : So out of zeale to GOD and Religion , they did protest , that they who had by the late Covenant and Confession condescended more specially to the innovations and errours of the time , could not after so solemne a specification , returne to an implicit and more generall confession enjoyned , conforme to a mandat , apparantly discrepant from the genuine meaning of the confession , and wanting both explication and application , and did most humbly and earnestly desire the Lords of his Majesties Councell ; that they would not , in regard of the former reasons , presse upon the Subjects the subscription of this Covenant , but that they might be pleased to forbeare their own subscribing of it , in respect of the inconveniences might result upon their subscribing thereof , in an ambiguous sense ; but their Lordships not having subscribed that confession , containing our former explanation , and being required by his Majesties Commissioner , to subscribe the Confession , as it was drawne up , and presented to them , without our explanation , with a generall band for maintenance of the Religion in Doctrine and Discipline now presently profest , and of his Majesties person , least these words ( now presently ) repeated in this year 1638. should inferre any approbation of these innovations , introduced since the year 1580. whereof many did justly complaine , after deliberation for removing of this scruple and prejudice , and clearing of their own meaning ; they caused make an act of Councell that their swearing and subscribing of the confession of Faith was according to the tenour and date the second of March 1580. according as it was then profest within this Kingdome : whereupon they rested satisfied , being confident that the generall Assembly then indicted , would remove any doubt and differ which might arise anent the meaning and interpretation of the confession of Faith , and clear what was profest in the year 1580. Yet some having subscribed that Covenant in different senses , others forbearing to subscribe the same , as some of the Lords of Session , till the Assembly should declare the genuine and true meaning of the Confession , upon whose interpretation , as of the onely competent Judge , they might acquiesce , and rest satisfied : which now after accurate tryall of the acts of generall Assemblies , and mature deliberation , is fully cleared , and explained in this last generall Assembly by GODS mercy , and his Majesties gracious favour of indiction , holden at Glasgow : as the act made thereupon doth proport : whereby Episcopall government , mongst many other innovations is found upon undeniable evidences of truth and declared to be condemned and abjured in this Kirk , in Anno 1580. There is notwithstanding published in name of his Majesties Commissioner a declaration , tending to disswade his Majesties Subjects from receiving the explanation of the confession made by this Assembly , and affirming that the confession subscribed by the Councell , doth no wayes exclude Episcopall government , nor any thing else established by laws standing in force , the time of the taking of the said oath , the ninth of September last ; notwithstanding the foresaid act of Assembly , which as the decree of our mother Kirk ought to be received and reverenced by all her children , and act of Councell , whereof the words are so cleare , as they cannot admit any mentall reservation , which is acknowledged by such of the Councellers then present and subscribers , whose hearts GOD hath touched , to make the sense of their oath to GOD , preponder with them above all other worldly respects and fears . THis declaration containeth five arguments , with a boundle of acts of Parliament , quotted and drawne up by some persons , whom we know not ; but seen and approven by the Commissioner : whereby his Grace indevoureth to evince his conclusion , that Episcopal government was not abjured by the Councell , nor the Covenant 1580. Which is so repugnant to the acts of the Kirk ; The act of Councell , and all reason , that wee are confident , the same will make no impression in the judgement of any well affected Christian , as shall be evident by our following answers , which we offer to the readers consideration , after he hath first expended these generalls . 1. This Declaration is onely made by his Majesties Commissioner , * and not by the Lords of secret Councell , who should be fittest Interpreters of their owne act , and whose act should be the ample expression of their meaning , else acts of Councell , by possibilitie of admitting the variable cōmentarie of intentions , will losse all force & vigour in themselves . And yet it is evident that the Councellers have not only actually sworne to maintaine the Religion & Discipline established in Anno 1580. When Episcopacie was condemned ; but likewise intended to doe so : because they have distinguished and opposed betweene the Religion presently professed , 1638. mentioned in the Proclamation , and the Religion professed in Anno 1580. mentioned in their act ; and by that opposition of now and then , they reject the one , and swear the other : otherwise they needed no declaration : which notwithstanding accompanies their subscriptions , and is acknowledged by the Commissioner in the second line , to bee an act explaining the Confession , for obedience whereof all those who have subscribed that Covenant , have done the same . 2. Albeit his Majesty did not conceive any difference between the Religion , Doctrine and Discipline now profest , from that which was in Anno 1580. ( wherewith his Majestie can hardly be acquainted , without perusing the records of Assemblies ) yet his Majesties Reall intention was to maintaine the confession of Faith professed in Anno 1580. because his Royall disigne by that commandement was to maintaine true Christian Religion in puritie ( whereunto Episcopacie by this Kirk was ever judged and condemned as prejudiciall ) and to remove the fears of his Majesties good Subjects , complaining of by-gone innovations , and apprehending greater changes : which ends are only obtained by subscription of the Confession as it was Anno 1580. And no wise by maintaining the Religion now presently profest ; because the corruptions now presently received in this Kirk , are the grounds of our just complaints , as being * contrary to the word of God , and foresaid confession in Anno 1580. 3. Wee must distinguish between oathes , tendered by the first framers of the Confession , * the whole Kirk , who have power to interpret and explaine the same , and oathes required , to bee renewed by the supreme Magistrat the Kings Majestie , who as custos utriusque tabulae , and a true * Sonne of the Kirk , ought to receive the true meaning of the Kirk , and cause it to be received of those whom God hath subjected to him . And wee are confident that his Majestie , in his just and pious disposition , will never take away the benefite of that holy nationall oath , and confession of Faith subscribed by his Majesties Father of blessed memorie 1580. and now lately renewed againe , & solemnely sworne by the Subjects of this Kingdome , upon the pretence of any intentions repugnant to the true sense of that confession : which even as it is subscribed by the Councell , doth never import that his Majestie was framing or administring any new confession or oath , but only injoyning to renew the old confession 1580. and therefore unquestionably should be taken in the true meaning of that time . Fourthly , if there were any reall opposition betwixt his Majesties Proclamation and the act of explanation made by his Majesties Commissioner and Councell , * Yet the last must be observed and preferred before the first , because the first is his privat will , the second his publick , and judiciall will. Et posterior derogat priori , publica privatae . And albeit we doe not now expresse that the Councell did subscribe the confession of Faith in obedience to a mandat , where there was any contrariety , repugnancie , or ambiguity betwixt the mandat and the Confession it self , which was commanded , yet the Councell making an act that they did subscribe it as it was professed 1580. and declaring publickly that this was their owne meaning , both they and such of his Majesties liedges , who did subscribe in obedience of their charge , are obliged to observe r●m juratam , and the reall matter of the oath ( more then the minde and mandat of the prescriver ) especially seeing it is no new Confession , but the renewed Confession of the whole Kirk of Scotland ; The meaning whereof cannot bee declared nor interpret by any , but the whole Kirk of Scotland who now upon unanswerable reasons , have clearly found that Episcopall governement , was then abolished and abjured : It followeth by good consequence , that the Councell did both virtually and verily swear , yea intend to swear the abjuration of Episcopacie , which is found by that confession 1580. and the discipline of the Kirk then established , to be a corrupt government in this Kirk , of human invention , wanting warrand from the word of God , tending to the overthrow of this Kirk : So that any declaration in the contrare hereof is protestatio contraria facto , and the reasons thereof cannot be forceable , to brangle the resolution of any judicious well affected Christian , if he will patiently read and ponder , without preoccupation , these following answers to the five reasons insert in that declaration . The first aleadged reason is this , that his Majestie could not command an oath absolutly unlawfull : but it is absolutely unlawfull to swear against any thing established by the Laws of the Kirk and Kingdome , if the same be not repugnant to the word of God or repealed by posteriour lawes . * To this we answer , First . The Kings Majesty by commanding his subjects to renew the confession of Faith for maintaning the doctrine & discipline profest in anno 1580. hath commanded them to abjure whatsoever is found by the competent Judge to bee introduced since that time repugnant therto , albeit by the corruption of times it were coūtenanced with some law interveening . Secondly , the Lords of Councell and Session and other Subjects have subscribed the confession of Faith as it was 1580. not only without any restriction of it to the present laws , but in a direct opposition to what is presently established by returning from the present corruptions in the profession , tanquam termino a quo , to the profession 1580. tāquam terminum ad quem : which a * great part of Councellours and other Subjects have declared to bee their meaning . Thirdly , Episcopacie is found by the Kirk of Scotland in many Assemblies to be an office unwarranted by the word of God , unlawfull and repugnant thereto : so that the abjuration thereof in this Kirk is lawfull and necessare . Fourthly , Episcopacy was never * restored by any Assembly of this Kirk , nor these Assemblies wherein it was condemned , repealed , without the which the same could not bee established by a Parliament , whose power doth no more reach to the placeing officers originally in the Kirk , then the Kirks power to the making states men in the common-wealth . Fifthly , the lawes which any wayes contribute to the introduction of Episcopacy , do only extend to civill privileges , and were alwayes protested against by the Kirk , as contrarie to the nationall Covenant of this land . Sixthly , if any Assembly can be pretended to countenance Episcopacie or other corruptions , it sufficeth to say that the same with all the acts thereof is declared to have been nul and void ab initio for undeniable reasons , as the act at more length proports . Seventhly , the breach of our nationall Covenant by introduction of corruptions therby abolished , hath undoubtedly in high measure offended God : and therefore at the renovation of that Covenant againe with God , we ought not only to abjure al these innovatiōs , but hereafter should be carefull not to be relapse in our offence . Eightly , in no Covenant Episcopacie is expresly or specifice abjured , before all Ecclesiasticall lawes favouring the same was repealed , & declared null , but only virtually and generally , as being formerly abjured in anno 1580. And as the tryall hereof was referred to the Assembly , as the only Judge competent , so now when the Assembly hath declared & found Presbyteriall government to have been approved , & Episcopall government condemned , abolished and abjured in anno 1580. and in liew of perceiving that Episcopacie is of an Apostolick institution , have clearly seen that it is justly condemned in our Kirk , as the invention of man wanting warrand or fundament in the word of God , tending to the overthrow of this Kirk , Therfore albeit Episcopacie had been abjured expresly in the renovation of this Confession commanded by his Majestie , it was not unlawful , but most necessary and incumbent to us all , who are tyed by that nationall Covenant against that unlawful Hierarchicall government , albeit we had never renewed the same : But we are falsly calumniat to have condemned the name of a Bishop , even as it is used in Scripture , which the act of Assembly it selfe , sufficiently refutes , by allowing S. Pauls Bishops to-wit Pastours of a particular flock , and condemning only al other Bishops brought in without the warrand of Scripture . The second reason in the Declaration is , that the oath for preserving the discipline and government of the Kirk , cannot oblige after the alteration & change of that discipline & government : and seeing the Discipline and government of the Kirk is not only alterable , but chāged in this Kirk , we are not tyed by that oath , after the alteration . Wherunto we answer , first , that it is true , that policie and order in ceremonies is temporarie and may bee changed , as is meaned in that article of the Confession cited in the declaration : But a Bishop , or his office , or the government of Gods house cannot be called a ceremony , nay , they will be loath to be vilified by that appellation : but if it be a ceremony , they are of no Apostolick constitution , as is mentioned in the first reason : so that if they be lawfull governours in Gods house , warranted by his word , they are not alterable : and so this second reason militats not for them , if their office be changeable , and accounted among alterable ceremonies : they are well exploded from our Kirk ; & may be so by that second reason of the declaration . 2. One cause of generall Councels is , for constituting a good order and policie in ceremonies : which is grounded upon the last verse of the 14. Chap. to the 1. Corinth . willing that all things bee done decently and in order , wherein the Lord giveth not power to institute new officers in his Kirk , but commandeth his owne officers to exerce their functions by his commandements without indecencie , or confusion , in the variable circumstances thereof , to be determined according to the present occasions of edification , 3. In the 15. Chap. of the same confession of Faith , all mens inventions in matters of Religion are condemned ; And in the 19 Chap. Ecclesiasticall discipline uprightly ministred as Gods word prescribeth . Matth. 18. 1. Cor. 5. is set down as the third essentiall and unchangeable marke of the true Kirk of God ; and so is not of that nature with temporarie , changeable ceremonies ; though unwarrantably ranked with them in the declaration . 4. It is evident at our first reformation what policie was perpetuall , and what ceremonies changeable , for in the first booke of Policie compyled that same yeare with the Confession , 9 head is expressed a two-fold policie of the Kirke ; The one absolutely necessary in all Kirks , the other not necessar , but changeable ; such as , what day of the week sermon should bee , and the like ; whereof they established no order , but permitted every particular Kirk to appoint their own policie , as they thought most expedient for edification ; if parity of reason will make Episcopacie of this nature , let all men judge . 5. Our confession speaketh of an order in ceremonies ; which cannot bee appointed for all ages , as is before said . But when they speak of the office-bearers in the Kirk , they acknowledge according to the truth , that Christ himselfe appointed an ordinare constant government of his Kirk by his four ordinar office-bearers , The Pastor , Elder , Doctour , & Deacon , to administrat the same perpetually ; as is set downe in the first booke of Discipline , and in the treatise before the Psalmes , which was drawn up at that same time , and allowed by the same persons . Like as in the yeare of God , 1560. when that confession was made , & in the yeare 1567. when it was ratified , and by continuall acts of Assembly , and by the second book of Discipline ; The government of Christs Kirk by these foure ordinarie office-bearers , is set down as founded only upon the Word of God , as constant unchangeable , and perpetuall ; and as that holy discipline without which Gods word cannot be preserved ; so that the intruding of any other officer in Gods house was accounted an offence against the Lord of the house . 6. By our oath , we are obliged to continue in obedience of discipline as well as doctrine , because they are both grounded on the Word of God , without the warrand whereof , all traditions that are brought in are abjured , and the discipline of the Kirk of Scotland is set down in the book of policy , as grounded on Gods word & commanded to continue to the worlds end , whereunto we have sworn , and cannot without perjury to God , gainsay it , like as the Assembly ordaines the discipline of the Kirk to bee subscribed as such , and the act of Parliament 1592. Ratifieth the discipline of the Kirk , as a privilege granted by God , whereinto the Kings prerogative cannot bee prejudiciall . 7. It carrieth no shew of argument or face of probabilitie , that the Kirk and reformers of Religion which condemneth all other ordinar officers in the Kirk , but these foure appointed by Christ , did mean under the name of variable ceremonies , to comprehend and admit Episcopacy , which frequently they condemne , as an invention of man , without the warrand of Gods word , tending to the overthrow of the Kirk and puritie of Religion . 8. * The Prelats themselves will not grant Episcopacie to be reckoned in the orders of ceremonies , which cannot bee unchangeably constitute for all ages , times and places , but are temporall as devised by man ; and so changeable , when they rather foster superstition then edifie the Kirk , but herein they will disclaime the benefit of this second reason , and undoubtedly affirme , that Episcopall government , not only may be , but should be , and was appointed for all ages , times , & places ; & that it is not the devise of man tēporall & changeable , but deriveth its extraction from divine Apostolick , at the least Ecclesiasticall , perpetuall and necessar institution , as is averred in the first reason ; and so should ever be unchangeable . 9. This Kirk hath ever condemned all such as held the discipline , and policie thereof , to be indifferent and changeable ; & in particular in An. 1581. which is the year of the subscription of the confession of Faith , and book of policie , Mr. Robert Montgomery is accused and condemned for that doctrine . 10. In the Assembly 1596. upon the Kings Majesties proposition , and demand that it might bee lawfull for him to reason or move doubts , in any point of the externall policie , government , or discipline of the Kirk , which are not answered , affirmative or negative in the Scripture . The Assembly concluded , that it might bee lawfull for his Majestie , or his Commissioner , to propone any point to the generall Assembly in matters of externall government , alterable , according to the circumstances , providing it be done in right time and place , Animo aedificandi , non tentandi : But as for the essentiall discipline , in the book of Policie : * The same Assembly desireth the Kings Majestie to declare before his Estates , that he never intended to prejudge the same . 11. Albeit it were granted that discipline were changeable , yet now seeing by the Kings Majesties own consent , we have sworn to maintaine the discipline of the Kirk of Scotland , as it was 1580. we are obliged strictly , interposito juramento , to abide by that discipline specificè : at least till it be lawfully changed by the Kirk of Scotland , in her free generall Assembly , which can never be presupponed : because in rei veritate , the Discipline , as well as the doctrine , is acknowledged and sworn to , as unchangeable , wherein we must continue all the dayes of our life : and defend the same according to our power , under the penaltie of procuring deservedly upon our selves , all the curses contained in Gods Word . 12. The doctrine of the Kirk of Scotland , condemned Episcopall , and re-established Presbyteriall government perpetually : which we have acknowledged by joyning our selves in the assertory part of our oath , unto the Kirk of Scotland in doctrine as well as in discipline , and in the promissory part thereof by swearing to continue in the obedience of the Discipline , as well as Doctrine : to show that Discipline as well as Doctrine , is not variable , nor so sworn to by us : but as an immutable law and constitution , which we are obliged to maintain perpetually . The third reason is that we who subscribed the Covenant , acknowledged that Episcopacy was not abjured thereby , which is qualified by two instances . First that the Ministers in their answers to the Quaeres of Aberdeine , expressed themselves in that sense , holding these things for the present not to be abjured , but onely to be referred to the tryall of a free generall Assembly . Next , that it is averred in our last reasons against the subscription urged by his Majestie , that this oath , required by his Majestie , doth oblige the takers of it , to maintaine Perth articles , and Episcopacie . This needeth no answer if the preceding narration , and the whole passages of the businesse were considered and known ; for in the application of our Covenant , we did not expresly & specificè , abjure Episcopacie , but onely generally and virtually , by abjuring whatsoever was abjured in the Confession , 1580. which we found to be a strong band , lying upon us to bind us straitly to the obedience of the discipline then established : wherein because there had interveined some alterations , we permitted justly the tryall thereof to the Kirk , whether Episcopacie , Perth articles , and other innovations were not condemned and abjured by the said oath , which now the Assembly after carefull search and examination of the records have clearly found . This is the true meaning and substance of the answer made to the Quaeres of Aberdeine , and ought also to be the ingenuous meaning of the Councellours , who by their act declared they subscribed the Confession 1580. as it was then professed : which is consonant to our generall application , and which being now declared by their mother Kirk , they ought to reverence and obey , and not upon light and subtill pretences to neglect and contemne . 2. For the second instance : It is true that when the Councell was urged to subscribe the Confession , 1580. conforme to the warrands bearing ( that they should maintaine the Religion now presently profest ) wee justly feared , that the same being subscribed in 1638. would comprehend Episcopacie , Perth articles , and all other corruptions introduced since 1580. And therefore both in our written reasons against that subscription , and in our speeches at the Councell table , and to sundry Councellours in private , we dehorted them upon that reason from that subscription : which was the true cause why the Councell being convinced with that reason , made their explanatory act , declaring that they subscribed the Confession according to the meaning 1580. and as it was then profest , for removing of that doubt . 3. * Albeit by the meaning of the prescriver of an oath , the swearer were tacitly bound to maintaine Episcopacie , Five Articles of Perth , and such-like , yet according to the premitted considerations , he is more oblished to the realitie rei juratae , which is now declared and found to abjure Episcopacie , &c. Nor to the meaning of the prescriver or his owne either , being contrare to the explanation of the soveraigne Judge competent . The fourth reason is Syllogistically urged thus : It cannot be denied but that oaths ministred unto us , must either be refused or else taken , according to the known minde , professed intention , and expresse command of authoritie urging the same . But it is notoriously known , that his Majestie , not onely in his Kingdomes of England and Ireland , is a maintainer of Episcopall government , but likewise is a defender , and mindes to continue a defender thereof in his Kingdome of Scotland . And therefore the oath being taken , and not refused , must be sworn conforme to his Majesties known meaning . The minor is confirmed from our own Assertions . To this it is answered first , that in contradictory oaths , * the swearer is more obliged to the true meaning of the oath , clearly exprest therein , then either to his own meaning , or any sense of the prescriver , being contrary thereunto . Especially in this case , where there is no new oath which may receive any new meaning , but the renovation of the old oath , which can admit no new destructive sense : but must be sworn conforme to the genuine originall first meaning . 2. That oath was justly refused by us upon that ground of discrepance amongst many others ; and such like , was not received by the Councell , till they declared their meaning by act simul & semel with their subscription . 3. We doe not meddle with the Kirks of England or Ireland , * but recommends to them the paterne shown in the Mount : all our arguments and proceedings being for the Kirk of Scotland , where , from the time of her more pure reformation then of her sister Kirks , Episcopacie hath ever been abolished , till the latter times of corruption . So that though his Majestie hath hitherto maintained Episcopacie in Scotland , because his Majestie wanted the meanes to be informed of the acts of this Kirk , yet we know that God hath so richly replenished his Royall breast , with such justice and pietie , that when his Majestie shall receive perfect information , wee are confident that He will never desire any change or alteration in our ancient Kirk government and discipline . Especially now when his Majesty hath caused the maintainance thereof to be religiously sworn . The fift and last reason is , that we can never make it appeare , that Episcopall government , at the first time of administering the oath was abolished ; the very words of that confession of Faith , immediatly after the beginning of it being these : Received , beleeved , and defended by many and sundry notable Kirks and Realmes , but chiefly by the Kirk of Scotland , the Kings Majestie , and three Estates of this Realme , as Gods eternall truth , and onely ground of our salvation . Whereupon is inferred that Bishops , Abbots and Pryors , made up , at that time a third Estate of this Realme , which gave approbation to the confession of Faith : and therefore this third Estate did not abjure Episcopacie . And albeit it had bin abolished by acts of Assembly , yet it was not so by act of Parliament , but in force by many of them standing unrepealed , which are annexed to the reasons . Which being the acts of a Monarch , & his three Estates , are never repealable by any Ecclesiasticall nationall Synod . For answer hereunto , 1. It doth appeare and is manifest by the Registers and acts of Assembly , that before the subscription of the Confession at the time thereof , and thereafter : That Abbots , Priors , and Bishops were so clearly , evidently , and expresly condemned in this Kirk , That the best wits of this age opposers of Episcopacy cannot yet require one sillable to be added for farther assurance , and the most able maintainers thereof could not pick any quarrell to the clearnesse of the expression . 2. The clause citted in the reason , is onely anent the doctrine , and not anent the discipline , which thereafter is determined and the Hierarchie detested : And the Discipline of the Kirk sworn unto . 3. Albeit that clause were of discipline , yet it maketh nothing for Bishops except by inference , that they are comprehended under the name of the third estate : which cannot be so understood , for collections by way of inference or ex consequenti , cannot be adduced against the expresse acts of the time : wherein the makers signifie their minds in clear termes ▪ & apertissime dicendo , leaveth no place to presume the contrare : especially in this kingdome , where these expressions of stylus curiae are carefully observed without change : which may be seen in the same case by many Parliaments : where it is * not our that no Prelate was present , or allowed : and yet the acts proporting to be made by his Majestie and three Estates are interpreted by the quoter as made by the Prelats with others . 4. Episcopacie was abolished not only by acts of Assembly , but there is no standing laws for Episcopall government , but some against the same , as shall be evident in the answer made to the acts of Parliament , subjoyned hereto : but if there be any Acts of Parliament standing for Episcopacie , the Kings Majestie ; his Commissioner , the Councell , the Collective-body of the Kingdome , hath actually renunced the same by returning to the doctrine and discipline , 1580. whereunto Episcopacie is contrare : which God-willing may also be inacted at the next Parliament , proclaimed to be holden by his Majestie in May 5. The acts of the Assembly , and the book of Policie in the 1. and 10. chapter , putteth clear merches betwixt civill and Ecclesiasticall jurisdiction ; making every one independent in matters properly belonging to their owne judicatorie , and every one subject to the other in matters properly belonging to that other . * So that as the Assembly cannot make civill laws nor repeal them , nor imped the Parliament from making or repealing civill laws , no more can the Parliament make Ecclesiasticall laws originally , nor repeal , or hinder the lawfull Assemblies to repeal the same . For albeit acts of the Assembly are , and may be ratified in Parliament , that is , only that the civill sanction may concur with the Ecclesiasticall constitution : But will not stop the Assembly to recall their owne act : which being adnulled by them , the * civill ratification and sanction fals ex consequenti . For to maintain that the Kirk may not repeal her own acts , ratified once in Parliament , is so derogatorie to Christs prerogative and ordinance , to the liberty of the Kirk , and freedome of the Assembly , to the nature , end , and reason of all Ecclesiasticall jurisdiction , as we have more largely cleared in the Protestation 22 September last ) that we beleeve few or none will be of that opinion . All these Five objections and many more was agitate and discussed in the Assembly , before the act anent Episcopacie was made . And seeing the generall Assembly of the Kirk of Scotland , indicted by his Majestie now holden at Glasgow , which is the only Judge competent and fit interpreter to remove and explaine all doubts , arising upon the confession of Faith , hath after long , religious and mature declaration , exponed the same , and clearly found that Episcopall government in this Kirk , amongst other corruptions , is abjured by the confession of Faith , as the same was profest within this Kingdome , hath discharged all subscription to the Covenant , subscribed and interpreted by his Majesties Commissioner , hath commanded the Covenant subscribed in Februare with the application to be now subscribed according to her present determination : therefore wee trust that the knowledge hereof , will be a sufficient warning to all good Christians and Patriots , that they subscribe not the one , and that they subscribe the other , according to the genuine and true meaning thereof , declared by the Kirk allennerly , and of no contrary incompatible sense , as they would eshew the crime and danger of a contradictory oath , and we would most humbly and earnestly beg of his Sacred Majestie , from the bottome of our hearts , that his Majestie would be graciously pleased to command , that the same may be so subscribed , conforme to the declared explanation of the Kirk ; which would prove the greatest happinesse and joy that ever befell these disconsolated Subjects of this nation , who ( though unjustly branded with many calumnies ) yet never have , nor ever shall swerve from our loyalty due to the Lords anoynted : But would readily imbrace any occasion to imploy our lives and fortunes for his Majesties service and honour : who ( we heartily pray God ) may long and happily ring over us . * There is annexed to this Declaration a quotation of sundry acts of Parliament , to prove that Episcopall government was not abolished in the yeare 1580. whereunto albeit there is no necessity of answer , seeing the meaning of the Kirk of Scotland in her Confession of Faith is onely to be sought from her self , and the registers of her Assemblies , and not from the Parliament , yet the same shall be specially answered in the order that they are alleadged : after these two generals are offered to the Reader his consideration . 1. After the reformation of this Kingdome , the Kirk was still wrestling against all corruptions , and especially against Episcopacie . But though they clearly and frequently condemned the same , yet the power of the enemies of reformation withstood them long : so that her owne policy could not be obtained ratified expresly & specifice in Parliament , till the yeare of God 1592. which abrogateth all those proceeding acts , alledged in the contrare . 2. That acts of Parliament can no more make Ecclesiasticall offices , nor give Ecclesiasticall priviledges , nor the acts of Assembly can establish civill offices of Estate , or grant to them civill priviledges ; each Judicatorie being properly confined within their owne spheres . But before the acts of Parliament be particularly marked and cited , there be two reasons prefixed : the one taken from some acts of Parliament 1567. cap. 2.3.6 . and cap. 68. Par. 1579. The other from the oath ministred to the King , at his coronation , for the act of Parliament 1567. Bearing that no Bishop nor other Prelate in this Realme , use any jurisdiction in time comming by the Bishop of Romes authority , It is evident hereby that Episcopacy is altogether condemned , as all other Prelacie was : for before that time they had no jurisdiction but from the Pope : and therefore being discharged to execute that ; they are discharged by the act to execute any at all . That this is the true meaning and scope of that act is manifest : because the Kirk in the book of common order , and in the first book of discipline at that same time , acknowledgeth no other ordinary office bearers appointed by Christ in Ecclesia constituta . But the Pastor , Doctour , Elder and Deacon : and in her Assemblies at that same time , was still censuring these who were called or designed Bishops by reason of their benefices , as is instructed by the acts printed before the book of discipline . And therefore in the act of Councell , 1560. made in the same yeare by these same persons , ratifying the first book of discipline , they provided only that Bishops , Abbots , Pryors , &c. Being protestants , brook their revenewes during their life-times : they sustaining Ministers in the meane time . 2. In the yeare 1566. which precedes that Parliament , the Kirk of this Kingdome approved the Confession of Helvetia ; wherein the parity of Ministers is preferred as Gods ordinance warranded by his word , to Episcopacy , as an humane consuetude . 3. Because at that time the Queene had restored the Archbishop of S. Andrews ; therefore the Kirk supplicated the Nobility of the Kingdome , against that restitution , which they condemne as the curing of the head of the beast once wounded within this land . Wherein they expresly ground themselves upon the said act of Parliament being before made in the year 1560. as a certaine abrogation of the Arch-bishops authority . 4. In the 2. book of discipline chap. 11. the Kirk useth the same act of Parliament as an abrogation of the Papisticall Kirk , and Papisticall jurisdiction , and thereby of Episcopall jurisdiction and power . 5. The Kirk thereafter in the same chapter declareth their uniformity of this meaning by urging the act of Parliament , 1567. printed amongst the black acts and renewed in the Parliament holden 1579. ( which immediately followeth the act here cited ) declaring that no other Ecclesiasticall jurisdiction shall be used within this Realme , but that which is and shall be in the reformed Kirk and floweth therefrom : and they urge that none under the abused titles in Papistry , of Prelates , &c. attempt to claime the benefite of any act of Parliament , having no commission of the reformed Kirk within this Realme . Whereby our Kirk declared all Episcopall jurisdiction to be Papisticall . Which is the true meaning of the word , his Hirarchie in the short confession . For their jurisdiction could flow from none other but from the Pope : Seeing it flows not from the Kirk : but was abolished and condemned by them : as is cleare by the Registers of the Assembly . 6. The acts doe abolish all Papisticall jurisdiction : And therefore all Episcopall jurisdiction , because Episcopall policy and jurisdiction is Papisticall : as is acknowledged by many , and specially by Doctor Poklingtun Chaplaine to the Bishop of Canterbury : who deduceth a continuall lineall succession from Peter through the whole Popes , unto the present Arch bishop of Canterbury : and by the quotter himselfe , who alledgeth ( albeit falsly ) that this Kirk retained the Papisticall Policy and government . 6. Where it is said in the reason ; that our Kirk did not innovate any thing in that Policy which they found in the Kirk before the reformation : the same is controlled by the book of Common prayer , first book of Discipline , and acts of the Assemblies . And for the 6. act 1567. and the 68. act 1579. The same doth not only not mention Bishops , but declareth the true Kirk to consist only of Ministers of the Gospell then living , and these who thereafter should rise ; agreeing with them , in doctrine and administration of the Sacraments , and the people , as the members thereof , which directly excludeth Bishops : against whom the doctrine and practise of this Kirk , continually sounded : especially at that time . For in the government of this Kirk by weekly meeting of Ministers , Elders , and reformed townes from the yeare 1560. to the yeare 1576. ( except the interim of the pretended convention at Leeth 1572. ) and from the yeare 1575. to the year 1581. The Assemblies for the most part were imployed in abolishing the corruptions of Episcopacy , and in establishing the setled Policy : which was agreed upon , 1578. In the second book of Discipline . In the which acts of Assembly and book of Discipline is set down at large the doctrine of the Kirk of Scotland , anent that discipline , as grounded and well warranded in the word of God , and against Episcopall jurisdiction , as an unlawfull humane invention : So that Episcopacy being contrary to the doctrine of the Kirk of Scotland , 1579. The Bishops disagreeing from the Ministers of the Evangel then living , in doctrine and in the use and administration of the Sacraments , are declared by the said acts to be no members of this Kirk , and the same acts cited for them doe sufficiently evince that Episcopacy was still condemned , notwithstanding all opposition made in the contrare . As for the Kings oath , the same containeth no mention of Bishops , but by the contrary , the King is obliged thereby to maintaine the true Religion of Jesus Christ , the preaching of his holy word , and right administration of the Sacraments , then received and preached within this Realme . And seeing it is cleared by the preceeding relation , that Bishops were never allowed , but oppugned by the Kirk of Scotland , that oath doth not allow , but exclude Episcopacy which is also more perspicuous in the short confession 1580. and 1581. when the Kirk set downe her constant policy in Doctrine and Discipline grounded upon the word of God , wherein the Hierarchie is abjured as contrary thereto ; and craved an oath from his Majesty for maintenance thereof , which now also our gracious Soveraign in the judgement of the Kirk of Scotland is obliged to maintaine , as being founded upon the word of God , and exclusive of Episcopacie as repugnant thereto . The acts of Parliament thereafter particularly cited are these mentioned in order . The 24. act 1567. ratifying all civill priviledges formerly granted to the spirituall estate , and the 35. act 1571. Ratifying all acts made anent the freedome , and liberty of the true Kirk : the same cannot bee extended to the establishing of Episcopacy because it is not mentioned in these acts , but by the contrary was abolished by the acts of the Assembly and Parliament , before mentioned , so that the priviledges therein mentioned , are granted to such Kirk-men as then were received by the Kirk and Kingdome : and the freedome of the Kirk must be interpret by her owne judgement : who thought ever Episcopall jurisdiction an heavy bondage : and yet those priviledges can inferre no spirituall jurisdiction , but only civill priviledges ; some immunities and extemptions granted for the goods and persons of Kirk-men as is cleare , 1. act Iames 1. Par. 1. and 26 , act Par. 2. Iames 1. and 4. act Par. 3. Iames 2. with many others . It is here to be observed , that the carefull evolver of these acts of Parliament , hath omitted to cite the 7. act 1. Parliament of King Iames 6. bearing the examination and admission of Ministers , to be only in the power of the Kirk , then openly and publickly profest ; and presentations to be made to Superintendents , or others having commission from the Kirk , and appealeth from them , to the Superintendents and ministers of the Province , and appealleth from these to the generall Assembly : in all which gradations no mention of Bishops ; but they in effect excluded by that contrare distinction of the Kirk then openly profest : because they were discharged by the foresaid second act 1567. and Superintendents were then permitted like temporarie Evangelists for the present necessity , declared in the first booke of discipline ad ecclesiam constituendam ; but was abrogate from 1575. that the constant Policie of Ecclesia constituta began to be established . As for the acts of Parliament , 1572. and 1573. It is knowne by the records of the time , that the Regent then laboured hard to bring in Arch-bishops , and Bishops , who were not dead , but standing de facto provided to the power of these titulars of benefices , to fortifie his owne designes , and counter-ballance the authority of Ministers , pressing the purity of reformation : and so cannot be honourably alleadged for the Bishops at this time : and yet it was done not by authority , but by warrand of some Ministers of his owne party conveened at Leeth : and was onely done for an interim , and protested against by the next Assembly ; and yet neverthelesse by the said acts of Parliament , the Arch-bishops , Bishops , Superintendents , or Commissioners of Dioces or Provinces , are joyned together ( which is wrongously omitted in the quotation ) to show that no Archbishop or Bishop , quatales had any power , but only being de facto standing provided in the title , they were capable of a Commission from the Kirk , which sometimes they obtained , and in the book of Assembly are named such as are called Bishops , and were under the Discipline of the Kirk : and in the same Superintendents possessours and titulars of prelacies , as well as Arch-bishops and Bishops , are ordained to be called and conveened for that effect before the generall Assembly of the Kirk : And yet none can say , That the offices of Abbots , Pryors , &c. were then retained ; howbeit the benefices were not extinct ; and few ill grant that when the Arch-bishops and Bishops office was in vigour , they thought themselves subject to the generall Assembly : as they are by the said act which is also fraudfully omitted in the quotation . As for the acts of Parliament 1578. and 1579. It is answered that the Kirk in this meane time , from the yeare 1575. was busied in abrogating Episcopacy , and establishing the constant policie , as is cleare by the printed acts of Assembly before the book of Discipline , and unprinted acts of Parliament : The Kirk by her Commissioners daily reasoning and agreeing with the Kings Majesty and his Commissioners upon these heads of policie , whereupon the Parliament , by the said 69. act 1579. declareth there is none other jurisdiction ecclesiasticall to be acknowledged , but that which is in this reformed Kirk , and floweth there-from , which extinguisheth Episcopacy ; because it doth not flow from this reformed Kirk : neither can produce its chartor from her : for besides that it was abolished by the foresaid acts 1567. It was condemned also in the book of Policie , and in the generall Assembly holden at Dundie , 1580. and their whole estate spirituall , and temporall condemned in the Assembly at Glasgow , 1581. and so acknowledged by his Majesties Commissioner in the Assembly at Edinburgh , 1581. so that by this act of Parliam . 1579. The Bishops are so abolished , that unlesse they be established by lawfull Assemblies of the Kirk , no act of Parliament since sen can conduce for their establishment : seeing this act with the other acts for their abolition , standeth yet unrepealed . And farther for the act of Parliament , 1578. if the same contribute any thing , for Episcopacy , it must either be because Bishops are there mentioned , or for the power thereby conferred upon them : But both these are weak grounds . The first because there is no Bishop there named , but such as stood provided de facto on life : which is an designation of the benefice , which was not then extinct ; and not of the office which was extinct . The power conferred upon them by the said act can give no strength to the argument : because there is no jurisdiction granted thereby to them , but only power to visit Hospitalls : which the Parliam . might have granted to any person : but was most proper to these idle titulars of benefices , who might best attend the same , or imploy means for their reparation . And this charge is likewise communicate by act of Parliament to all Chancellours of this Kingdome for the time being : And as to the 71. act 1579. we repeat the former answers that Superintendents and Commissioners are there joyned with the Bishops ; to show that no power is granted unto them as Bishops , but Commissioners from the Kirk , and the name is still used , because the benefice was not extinct , but they were knowne by that appellation . The acts of Parliament 1581. were better alledged for Assemblies then Bishops , for it is an expresse ratification of the former acts of abolition of Bishops , and abrogation of all acts or constitutions , cannons civill or municipall contrare to the Religion then presently profest within this kingdome : which is not only clearly exprest in the words : but if they were doubtsome ( as they are not ) were manifest for these reasons . First , the Assembly holden at Edinburgh , about the very same day , honoured with the presence of his Majesties Commissioner , is acknowledged by him to have condemned Episcopacy whereunto temporall jurisdiction is annexed : and the Assembly declaring that function to be against the word of God and acts of the Kirk , thereupon did supplicat the Parliament , that they should make no acts repugnant to the word of God , especially concerning Bishops . Secondly , the King and Estates by that act ratifieth all acts made for maintainance of the liberty of the true Kirk of God , presently professed within this Realme and purity thereof : which present profession can be no other , then that which was received by the Kirk and Assembly then presently sitting so near the Parliament at Edinburgh , which had approven the Presbyteriall government , condemned the Episcopall , and ratified the short confession simul & semel , wherein the Estates had sworn to the Presbyteriall and abjured Episcopall government . Thirdly , this ratification of the former acts of Parliament must bee interpreted , according to the words thereof , to be in all points , which are not prejudiciall to that purity of Religion and liberty of the Kirk presently professed within this Realm . And at this time the whole Estates had subscribed the short Confession and so sworn to the discipline , set down in the book of discipline , which by this act is ratified in the first place , before any speciall enumeration of particular acts . Fourthly , it hath beene formerly showne that in the preceeding acts of Parliament where Arch-bishops or Bishops are named , the same hath beene by reason of their benefice , and not their office : which the Parliament could not give them being abrogate by Assembly : or having intended really to give them any place , would not have joyned Superintendents and other Commissioners with them : or otherwise they are named as having equall power with the Superintendents and other Commissioners , as in the convention at Leeth ; and conforme to the time , especially 1572. and 1573. Wherein some titulars or possessors of prelacies , so called in the 46. act of the Parliament 1572. had a commission from the Kirk like unto Superintendents , which was not fully abrogate untill 1580. But all this was without prejudice of the Kirk her liberty , to recall her own commission from these who were provided to prelacies ; and to condemne their Episcopall offices , whereunto they ascrived the power ; which they really had by their commission : as the Kirk did upon good reasons abrogate the office of Superintendents without impunging of the saids acts of Parliament ( which were never rescinded till 1592. ) whereby it is evident , that though this act of Parliament 1581. ratifie the former acts wherein Arch bishops , Bishops , Superintendents , or other Commissioners of the Kirk are named , yet seeing the said acts are alternative conceived , the vigour and efficacy thereof subsists by this ratification in the last alternative ; viz. Commissioners from the Kirk , Dyoces or Province : seeing the remanent were formerly condemned : especially by this Assembly of Edinburgh holden the time of the Parliament . Fifthly , this ratification 1581. of the former acts made in favours of the true Religion repeating only the titles of these acts and not themselves , cannot import any corroboration of the offices under the titles mentioned in these former acts : because this ratification , can only be extended to the matter , and not to the designation of the persons , exprest in the former acts , which is only personall and circumstantiall , as for instance , this act 1581. could not confer any power or employment upon Superintendents : because that office was then abrogate ; and out of the Kirk . But the true meaning of the act is ; that ratifying the substance and matter in favours of the Kirk and Religion , it doth intrust the execution to these whom the Kirk shall lawfully authorize with commission for that end , which is more manifest in the 114. act Par. 12. 1592. wherein this act 1581. and all the acts therein contained are ratified quoad materiam : and yet all Arch-bishops and Commissioners are discharged and all Ecclesiasticall matters subjected to Presbyteries . Sixthly , it cannot probably agree with reason that by this ratification the Parliament , above their power would endevoure to establish in the Kirk any function so recently condemned of before by the Assemblies at Dundie 1580. and at Glasgow and Edinburgh , 1581. immediately before this Parliament . The acts of Parliament 1584. are of severall natures . But they were protested against , by the Ministers of Edinburgh in the name of the Kirk of Scotland , at the mercate crosse of Edinburgh , when they were proclamed and as they were made in that time which was called the houre of darknesse in this Kirk , tirrannized by the Earle of Arran , so are they expresly repealed 1592. cap. 114. Anent the act of Parliament 1584. For the three Estates , and so furth . To answer : Primo , that the Kirk from the yeare of God 1580 , 1581. that the Confession was subscribed , unto the year 1597. all this time was by continuall acts condemning the office of Bishops , their spirituall , their temporall , their whole estate , their confusion of civill and Ecclesiasticall jurisdiction , and craving in Councell and Parliament the dissolution of Prelacies and the erection of Presbyteries . 2. De facto the former Bishops being continually processed and sentenced by the Kirk , these who presumed to usurp that office condemned by the Kirk , namely Mr. Patrick Adamson , and Mr. Robert Mountgomrie in the yeare 1582. 1584. 1586. they were deprived and excommunicate by this Kirk before the Parliament , 1587. 3. De facto no Ecclesiasticall Bishop voted in Parliament but Mountgomry and Adamson , who were taken in by the Earle of Arran , unto the Parliament holden in May at Edinburgh 1584. Wherein the three Estates ratifieth the honour and dignity of the three Estates , so that as these two Bishops cannot be called the third Estate which doth ratifie , so the Estate of Bishops , cannot be called the third Estate , which is ratified : especially seeing by that same Parliament in the 132. act . Bishops of the Diocie are but nominate the Kings Commissioners . And in the last act of that same Parliament , printed of old in black letter , there is set downe the Kings Commission granted to the said pretended Bishop Adamson . 4. From 1581. till the yeare 1597. the quoter doth not eite nor can cite any act of Parliament expresly nominating any ecclesiasticall Bishop , but that in the 1584. wherein he is named as one amongst other the Kings Commissioners , whereof some were meere secular persons . 5. It is cleare by the first act of the ninth Parliament 1584. and the eleventh act of the 10. Parliament 1585. that Bishopricks , Prelacies , Abbacies , Priories , Nunries , were then thought to be alike in the Kings hands , were granted to whatsoever persons being his subjects , albeit they brooked no office in the Kirk : so that some of these lordships and Baronies were erected before 1587. and excluded from the annexation . 6. As the Kirk had ever been craving the dissolution of Prelacies , and condemning the temporall as well as the spirituall estate of Bishops , by their act of the Assembly 1581. and by their censure of the Presbyterie of Striviling for admitting Montgomrie to the temporality of the Bishoprick of Glasgow , and censure of Mountgomrie for aspyring thereto , contrare to the word of God and acts of the Kirk in the Assembly 1587. Iuni. So in the 11. Parl. of King Iames the sixt 29. of Iuly 1587. 29. act . The three Estates of Parliament annexeth to the crown , all Lordships and Barronies pertaining to whatsoever , Archbishops , or Bishops , Abbots , Pryors , Nunnes , and Munkes : reserving alwayes to Archbishops , Bishops , Abbots , Pryors , Pryoresses , commendators , and others possessours of great Benefices of the estate of Prelates , and which before had or hath vote in Parliament , the principall Castles and Fortalices : whereby it is cleare , that the stylus curiae naming three Estates did no wayes include Ministers being Bishops : seeing no ecclesiasticall Bishops , sate in that Parliament , nor could sit : because the only two Bishops of the time Adamson and Montgomery , were before deprived and excommunicat , and certainly they neither would nor could have sitten as an Estate in Parliament to abrogate their owne estate and lordships , and temporall land , whereupon that act acknowledgeth any right they had , did depend . 2. It is cleare that Archbishops or Bishops , Abbots , Pryors , &c. all alike voted in Parliament of old , not by reason of their ecclesiasticall office , but by reason of their great benefices and lordships : which here is said to have had vote in Parliament : for that cannot be relative to the persons , as unto Pryoresses : but unto the benefices . So that Ministers voted not as Ministers in name of the Kirk , but as possessours of these great benefices or Baronies : and others who were not Ecclesiasticall persons being titulars , and possessours of these great benefices both communi styl● were called Bishops , Abbots , &c. by vertue of the benefice without any office , in the rolls of Parliament , and in the act of Assembly 1587. The Bishoprick of Cathnes is said to vaike by decease of Robert Earle of March , the Kings Uncle : And the Assembly in their letter to the King declareth , to be against the word of God and acts of the Kirk , to present and admit any Minister to that Bishoprick , as also some of these titulars , and possessours of the benefices , albeit they had no ecclesiasticall office , did some times ryde and vote in parliament . 3. It is cleare that the three Estates by taking away from Archbishops , and Bishops , their Lordships Barronies , and temporall lands , they took away their vote in parliament , which doth not subsist , but in and by the benefice , and therefore ecclesiasticall persons separat to the Gospel for want of their great benefices , had no vote in parliament , till the 1597. ( albeit all the interveened acts are made by the three Estates , ) wherein the Kings Majesty restoreth Ministers to the titles and dignities of Prelacies , which showeth that before they were disponed to others then Ministers ; and provideth that Ministers presented to these titles and dignities , and to the benefice of Bishopricks , shall have vote in parliament ; which sheweth that the benefice and not the office giveth right to vote in parliament , like as the very act of parliament 1606. acknowledgeth , that by the act of annexation of the temporality of benefice to the Crown 1587. the estate of Bishops were indirectly abolished ; and therefore they behoved to rescind the act of annexation anent the benefice , and restore them to these titles and dignities , before Ministers could vote in parliament , but these acts also are hereafter answered . 7. But as for 130. act 1584. no Bishop is therein mentioned ; and yet it is adduced for Bishops , because the three estates are therein named , under one of which the Prelate claimeth to be comprehended , but why more he then Abbots , and Pry●rs formerly abolished , as well as Episcopacy ? why more by that act , then many former made when Bishops neither rode , sate , nor voted in parliament ; but were expugned out of this Kirk , and yet the acts were all made by the three estates , which albeit it needeth none other demonstration then that it is stylus curiae , carefully observed in this Kingdome ; Yet the truth is , that the Nobility , Barrons , and Burrows were the three estates of this Kingdome , many hundred yeares after Christianity , before any Bishops was in this Kingdome , as is observed by Buchanan and Boetius , and acknowledged by Lesly in his Chronicles ; and after the Bishops were abrogate expresly the three estates of parliament did continue , and make all acts of parliament . Yea , after the 1592. where Bishops were discharged , for if Bishops were an estate , there behoved to be foure estates of parliament ; as there are so many named in the Commission granted by King JAMES , and King CHARLES , viz. The Clargie , Nobility , Barons , and Borrows , and that as ecclesiasticall persons separate to the Gospel , since the reformation , were never warranted to voice in Parliament , while 1597. So on the other part , the Barons are , and have beene , as an estate of parliament in uncontravered possession of voting in parliament , conforme to the 101. act Parl. 7. King IAMES the first , renewed again in the parliament 1585. and 1587. act 113. wherein precepts of the Chancelary are ordained to be directed to the Barons as unto an Estate of parliament : even as they shall be direct unto other Estates , to wit , The Nobilitie and Borrows ; which in that act is mentioned . So in this same act of parliament ( which in the narrative relateth the bygone great decay of the ecclesiasticall Estate ) There are exprest three compleat Estates in Parliament , The Nobility , Barrons , and Borrows . And as in law the three Estates are intire without Bishops or Ministers voters in Parliament , So also , it is most expedient , and necessar for the liberty of the Kirk , honour of the King , and peace of this kingdome : That no Ministers vote in Parliament , as is more clearly and largely proved in the reasons of the protestation , given into Parliament against the same , 1606. And in the act of this Assembly against civill places of Kirk-men . As for the 131. act 1584. no Bishop is therein mentioned to get any benefite thereby , and far lesse can the same reach to the prejudice of the late Assembly , which was indicted by his Majesty , and is an ordinare judicatory allowed by the lawes of God and man : like as it is answered in our protestation , more largely . And for the 132. and 133. act of the said Parliament 1584. there is no Ecclesiasticall priviledge or authority thereby granted to Bishops as Bishops ; but only a power of cognition : wherein the Parliament hath joyned others the Kings Commissioners with them , only as the Kings Commissioners : and granted the same unto seculare persons with them : but the King could never provide them to the office and jurisdiction of Bishops , which was abolished by many acts of Parliament and Assemblies before written . The 23. act 1587. worketh directly against Bishops : being a generall ratification of all acts formerly made anent the religion presently profest in this kingdome : which must include the acts abolishing Episcopacy ; but especially , seeing in the same Parliament 1587. temporall livings are taken from the Bishops , as well as the office was 1567. And the same act undoubtedly was granted in the same meaning , wherein the Kirk did crave it ; who that same yeare had often condemned Episcopall government , as contraire to Gods word , and the liberty of the Kirk , and approved Presbyteriall government , as flowing from the pure fountaine of Gods word . It falleth in here to be remarked that the act 114. anno 1592. is never alleadged : and that because it not only revocks in particular the foresaid acts 1584. but in generall all other acts contrary to that discipline then established , and in particulare , the Assemblies , Presbyteries and Synods ▪ with the discipline and jurisdiction of this Kirk , are ratified and established , as most just and Godly , notwithstanding whatsoever statutes , acts , cannons , civill or municipall lawes made in the contrare : whereunto his Majesties prerogative is declared to be no wayes prejudiciall . Further the said act abrogates all acts granting commission to Bishops , and other Judges constitute in Ecclesiasticall causes ; and ordaineth presentation to benefices to be direct to Presbyteries , with power to give collation thereupon : And so containeth a ratification of the heads of Policy set downe in the second book of discipline . Which act is renewed act 60. anno 1593. and the power of Presbyteries acknowledged 1594. act 129. and was never rescinded expresly in totum ; but only in part by the ratification of the act of Glasgow . Which now cannot be respected ; but falleth ex consequenti : seeing that Assembly of Glasgow is now upon just and infallible reasons declared to have been null ab initio : and so this act of Parliament , wisely omitted by the collecter to the Cōmissioners grace might serve alone , without our preceeding speciall answers , for clearing the whole preceeding acts . The 23. act 1597. granteth the priviledge of a voyce in Parliament to the whole Kirk ; and under that name to Abbots , or other persons provided to prelacies , as well as Bishops : even as in time of papistry . So as Sir Robert Spottiswood , Abbot of New-abbay road thereafter in Parliament : which was both unwarrantable and unusuall . Which doth nothing contribute for the Bishops advantage , because albeit the benefice was not extinct , yet neither the King nor the Parliament might give them the office so oft condemned by this Kirk : which is also acknowledged in the same act ; because after the granting to them of the said voyce , the Parliament remitteth them to the King and the Assembly , concerning their office in their spirituall policy and government in the Kirk . 2. The said act beareth expresly to be but prejudice of the jurisdiction and discipline of the Kirk , established by acts of Parliament made in any time preceeding , and permitted by the said acts to all provinciall and generall Assemblies , and other whatsoever Presbyteries and Sessions of the Kirk : and so the same cannot derogate from the former acts ratifying the present discipline of the Kirk , especially the said act 1592. nor yet from the acts of the Assembly abjuring Episcopacy . 3. The priviledge is granted upon condition they be actuall Pastors and Ministers . And so we referre to the world and themselves , if with good consciences they may claime the benefice of that act . 4. That priviledge was obtruded , and pretended to be introduced in favours of the Kirk : who may and hath renounced the same , as being incompatible with their spirituall function : as the act of the Assembly at more length beareth , upon undeniable reasons . 5. When voyce in Parliament was first plausible obtruded upon the Kirk , it was neither proponed nor tolerated in other tearmes then that onely such should have vote in Parliament , as had Commissiom from the Kirk . So that not as Bishops , but as Ministers , Commissioners from the Kirk , they had vote in Parliament . Like as the Assembly at Montrose , 1600. being so hardly prest by authority , that they could not get it altogether refused ( albeit in their conference at Haly-rud-house , 1599. they proponed unanswerable reasons against this , and all other civill places of pastours ) set downe cautions , binding the Ministers voters in Parliament , to bee insert in the act of parliament subsequent : which was omitted notwithstanding of the Bishops oath and duty in the contrare ; for the breach whereof they are now most justly censured . 6. The ratificatory acts of the priviledges of the Kirk and Discipline thereof then profest , are not thereby abrogate , but notwithstanding thereof must stand in force , because it is ever understood , and frequently provided in Parliament , that all acts thereof are made salvo jure cujuslibe● ; far more salvo jure ecclesiae & sponsae Christi , when she is robbed of her right without audience : especially seeing her right , is usually ratified in the first act of every Parliament . 7. Albeit it were granted , that by this Act of Parliament , or any whatsoever the Prelates had voice in Parliament , yet that doth not exeime them from Ecclesiastick censure , nor forefault the Kirks right , whereby she may condemne them for their transgressions : as now this Assembly most justly hath done , for by their own caveats , whosoever is ecclesiastically censured by Presbyteries and provinciall Assemblies , ipso facto loseth his benefice and vote in Parliament . 8. Further the Bishops in their declinatour professe they never had commission from this Kirk to voice for her in Parliament , according to the cautions set down in the Assembly at Montrose : for the which cautions that Assembly was never challenged , as trenching upon the third estate . The act of parliament 1606. is coincident with the nature of the preceeding acts , for albeit the King and parliament might have reponed them to their rents , teends , lands , &c. which were annexed to the Crown ; yea , might have disponed to them any part of the patrimony of the Crown , If lordly titles and civill places in the persons of pastors separat to the Gospel , had been lawfull , yet could not give them the spirituall office , and jurisdiction spirituall , which was abolished and abjured by many preceeding acts of Assembly and parliament forecited . Et quod illud tantum agebatur , is evident by the whole straine of the act , reponing them , for remeed of their contempt and poverty to their dignities , priviledges , livings , rents , lands , and teinds : and this alwayes limited , as was competent to them , since the reformation of Religion in the reformed Kirk : From which time their office and jurisdiction spirituall was alwayes extinct . Which is evidently acknowledged in the act of Parliament 1592. and expresly in the act of parliament 1597. granting voice in parliament to Ministers . Which albeit it was the first step to Episcopacy , yet the parliament thereby hath remitted the office of Bishops in their spiritual policy and government ( as not pertaining to their civill place and jurisdiction ) to the King and the generall Assembly of Ministers , as properly belonging to them , but prejudice alwayes of the jurisdiction and discipline of the Kirk , permitted by many acts of Parliament , ( whereof that 1592. forecited is one ) to generall provinciall Assemblies , Presbyteries and Sessions of the Kirk , which were never prejudged neither by the act 1606. nor by the act 1609. albeit corruption was then fast advancing ; till the yeare 1612. at which time first , and never before , the King and Estates had taken the advice of the pretended Assembly at Glasgow , anent their office and spirituall jurisdiction formerly remitted to them ; as is cleare in the act of Parliament 1612. relative to that remit in the Parliament 1597. which for that cause is also omitted by the quotter . Like as also the act of parliament 1609. restoreth them only to temporall jurisdiction , and priviledges , lawfully pertaining to them and flowing from his Majesty , as any other ordinare jurisdiction doth ; with reservation of the Kings supremacy and prerogative therein ; which can no wayes comprehend their ecclesiasticall office , because the same is not a temporall jurisdiction , neither did lawfully pertaine to them , but by the law of God , and acts of this Kirk after reformation ; and by the act 1592. was abrogat and taken from them ; and the ecclesiasticall power established in presbyteries . So that if it be an ecclesiasticall office , it cannot flow from the King , who cannot make a Minister , Doctor , Elder or Deacon in the Kirk ; albeit hee may present a Minister made by the KING of Kings to the Kirk ; neither can the parliament institute originally any ecclesiasticall office in the Kirk , as is before said . Further the intended scope of that act is only the restitution of Commissariats and temporal jurisdiction flowing from his Majesty ; as is cleare by the act it selfe , bearing that they shall brooke all priviledges and jurisdictions granted to them by his Majesty , and redintegrates them to their former authority and jurisdiction , lawfully pertaining to them , alwayes flowing from his Majesty ( from whom only temporall jurisdiction doth flow ) which is only the jurisdiction of Commissers in temporall causes , and no waies any spirituall jurisdiction competent ratione officii : which by Gods word and the lawes of the Kingdome was abjured in them , and established in assemblies , presbyteries , &c. as is many times before repeated . But to convince them further it is not or that both 1606 , and 1609. they road in Parliament , and by their own voices and the iniquity of the time , made the said acts without inserting the cautions made at Montrose , without any commission from the Kirk , contraire to the said cautions and their owne oath given for observance thereof , against which the Kirk of Scotland did protest solemnly , clearing unanswerably , not only the unlawfullnesse of their Ecclesiastick Episcopall function ; but also of the civill places in persons of Pastors , from Gods word , our confession of Faith , 1580. acts of this Kirk and Kingdome ; but this protestation being rejected by them was printed to the view of the world . And as for the act of the Parliament 1617. it cannot set down consecration to the office , without a preceeding act of the Kirk : which is not alleadged : but by the contraire , the Kirk , had before condemned that office , and did particularly protest against that act of Parliament . Moreover this act is builded upon the supposed ground of Glasgow Assembly 1610. which for infallible reasons is now annulled : and so not only this act 1617. but all after acts , ratifying the same , fall ex consequenti ; both by the light of reason , law and practise of this Kingdome . For when the principall act or right ratified doth fall , the subsequent ratification falleth eo ipso : especially in this case , when civill laws in ecclesiasticall matters , cannot be made originally , nor subsist after the abolition of the ecclesiasticall constitutions , which they ordaine under civill sanction to be obeyed : and yet being once annulled they cannot be obeyed . And further even that corrupt Assembly of Glasgow 1610. which is now declared to have been null ab initio , did never restore the office of a diocesian Bishop before condemned in this Kirk ; but did too far enlarge and extend the power of these who were provided to the benefice of Bishops ; and yet alwayes under cautions and limitations sworn unto : which they never observed ; and upon condition of their subjection for censure to yearly generall Assemblies : which they have not keeped , but impeded , and so they ought not to clame the benefice of these acts of Parliament concluded by their own voyces , and protested against by the Kirk of Scotland and violated by themselves . And last , for answer to all acts of Parliament whatsoever , let the Christian Reader consider , if , as the Assembly lately conveened by his Majesties indiction in the name of Jesus Christ , should judge ( and hath proceeded ) by the word of God alone ; and not by acts of parliament : so we are obliged by our oath made to God , to return to the doctrine and discipline of this Kirk 1580. and renounce all subsequent acts contrary thereunto , and prejudiciall to the purity of reformation and the Kirk ▪ in whose favours any pretended priviledges is granted , and that out of experience of reall prejudice , and the pungent sins of our oath and danger of perjury ; under which this Kingdome lyeth : for the which we ardently deprecate Gods wrath , and beg mercy to every one of us who are guilty ; and must still continue our earnest and humble supplications to his Majesty for redresse ; as we shall do our petitions to God , for preserving the sacred person of our dread Soveraign , and perpetuating his reigne and his Royall posterity over this land so long as the world endureth . Revised according to the ordinance of the generall Assembly , by mee Mr. A. Ihonston Clerk thereto . Edinb . 14. of Feb. 1639. BEcause the Reader shall not need to doubt of the vanity of all these exceptions against the Acts of Parliament here cited , and of the impertinency of their Citations of some Acts of Parliament to the contrary : Wee shall demonstrate to the Reader , that when this Confession of Faith was first framed , and injoyned to be subscribed ; Episcopall government was then in force and strength , which doth appeare by the most unquestionable and irrefragable Record of that Kingdom , viz. The Bookes and Rolls of Parliament . And therefore Wee have here caused to be inserted out of the Sederunt Rolls of Parliament , the names of such Bishops as sate in Parliament , and represented the third Estate since the Reformation , beginning no higher then the yeare 1579. In which the Reader must note that the Abbots were secular men who had got the Abbey-lands , but yet retained their names and places in Parliament . Parliament 23. Octob. 1579. Sederunt pro Clero Archb. S. Andrews . Sederunt pro Clero Glasgow . Sederunt pro Clero Dunkell . Sederunt pro Clero Murray . Sederunt pro Clero Orknay . Sederunt pro Clero Brechin . Sederunt pro Clero Abbots 15. Parliament penult . Octob. 1581. Sederunt pro Clero Archb. S. Andrews . Sederunt pro Clero Brechin . Sederunt pro Clero Orknay . Sederunt pro Clero Abbots 12. Parliament 2. Octob. 1583. Sederunt pro Clero Archb. S. Andrews . Sederunt pro Clero Dunkell . Sederunt pro Clero Aberdene . Sederunt pro Clero Brechin . Sederunt pro Clero Orknay . Sederunt pro Clero Dumblane . Sederunt pro Clero Argyl . Sederunt pro Clero Iles. Sederunt pro Clero Abbots 13. Parliament 22. May 1584. Sederunt pro Clero Archb. S. Andrews . Sederunt pro Clero Dunkel . Sederunt pro Clero Brechin . Sederunt pro Clero Orknay . Sederunt pro Clero Abbots 11. Parliament 26. August 1584. Sederunt pro Clero Archb. S. Andrews . Sederunt pro Clero Dunkel . Sederunt pro Clero Brechin . Sederunt pro Clero Aberdene . Sederunt pro Clero Abbots . 4. Parliament 1. Decemb. 1585. Sederunt pro Clero Arch● . S. Andrews . Sederunt pro Clero Dunkel . Sederunt pro Clero Brechin . Sederunt pro Clero Orknay . Sederunt pro Clero Abbots . 9. Parliament 13. July 1587. Sederunt pro Clero Archb. S. Andrews . Sederunt pro Clero Aberdene . Sederunt pro Clero Dunkell . Sederunt pro Clero Orknay . Sederunt pro Clero Brechin . Sederunt pro Clero Abbots 13. Parliament 3. Aprill 1592. Sederunt pro Clero Orknay . Sederunt pro Clero Dunkell . Sederunt pro Clero Abbots 6. Parliament 3. Aprill 1593. Sederunt pro Clero Aberdene . Sederunt pro Clero Brechin . Sederunt pro Clero Abbots 6. Parliament 22. Aprill 1594. Sederunt pro Clero Dunkell . Sederunt pro Clero Aberdene . Sederunt pro Clero Brechin . Sederunt pro Clero Abbots 5. Parliament 1. Novemb. 1597. Sederunt pro Clero — Abbots 5. Parliament 1. Novem. 1600. Sederunt pro Clero Dunkell . Sederunt pro Clero Brechin . Sederunt pro Clero Abbots 6. Parliament 12. Aprill 1604. Sederunt pro Clero Glasgow . Sederunt pro Clero Dunkell . Sederunt pro Clero Rosse . Sederunt pro Clero Brechin . Sederunt pro Clero Caithnes . Sederunt pro Clero Abbots 3. Parliament 3. July 1606. Sederunt pro Clero S. Andrewes . Sederunt pro Clero Glasgow . Sederunt pro Clero Dunkell . Sederunt pro Clero Rosse . Sederunt pro Clero Galloway . Sederunt pro Clero Orknay . Sederunt pro Clero Abbots 1. Sederunt pro Clero Priors 1. Parliament 3. August 1607. Sederunt pro Clero St. Andrewes . Sederunt pro Clero Glasgow . Sederunt pro Clero Murray . Sederunt pro Clero Brechin . Sederunt pro Clero Caithnes . Sederunt pro Clero Orknay . Sederunt pro Clero Abbots 3. ABout this time Our Commissioner resolved to aske Our leave for his returne to Us , seeing there was no good to bee expected from Our faire and gracious proceedings with them of the pretended Assembly , and wrote unto Us accordingly . When he had received Our leave for his returne , hee hearing of the great stirres which were now raised at Edinburgh , and the strong and great guards which were since his leaving of Glasgow put upon Our Castle there , repaired thither to Our Palace at Holy-rood-house , where he found the people of that Citie horribly abused by the mis-reports of all the passages of the Assembly , whilst he continued at Glasgow ; especially with a false information that We had there made good nothing of all which was contained in Our last gracious Declaration made at Edinburgh the 22. of September last past : herewith hee made Us presently acquainted , which moved Us by a very speedie dispatch to command him by Our Proclamation to make known to all Our subjects at Edinburgh , the summe of his whole proceedings at Glasgow ; which Our Commissioner presently performed , by causing this Our ensuing Proclamation to bee published at the Market Crosse of that Our Citie . Charles R. CHARLES by the grace of God , King of Scotland , England , France , and Ireland , defender of the Faith. To Our Lovits Maissars , Heraulds , Pursevants , Our Sheriffes in that part conjunctly and severally specially constitute , greeting . Whereas for the removing of the disorders which had happened of late within this Our Kingdome , and for setling of a prefect peace in the Church and Common-wealth thereof , We were pleased to cause indict a free generall Assembly , to be holden at Glasgow the one and twentieth of November last : And for Our subjects their better content and assurance that they should bee freed of all such things as by their petitions and supplications given in to the Lords of Our Privie Councell , they seemed to be grieved at , We in some sort preveened the Assembly , by discharging by Our Proclamation the Service Book , Booke of Canons , and high Commission , freed and liberate Our subjects from the practising of the five Articles , eximed all Ministers at their entry from giving any other oath then that which is contained in the act of Parliament , made all persons both Ecclesiasticall & Civill lyable to the censure of Parliament , generall Assembly , or any other judicatorie competent , according to the nature of their offence : had declared all by-gone disorders absolutely forgotten and forgiven : and last , for securing to all posteritie the truth and liberty of Religion , did command the Confession of Faith , and band for maintenance thereof , and of authoritie in defence of the same , subscribed by Our deare Father , and his houshold in anno 1580. to be renewed and subscribed againe by Our subjects here : And albeit that this Our gracious and pious command , in stead of obedience and submission , rancountred open and publicke opposition and protestation against the same : And that they continued their daily and hourely guarding and watching Our Castle of Edinburgh , suffering nothing to be imported therein , but at their discretion , stopping and impeding , any importation of ammunition , or other necessaries whatsoever to any of Our houses within this Kingdome : Denying to Us their soveraigne Lord that libertie and freedome , which the meanest of them assume to themselves ( an act without precedent or example in the Christian world . ) Like as they spared not boldly and openly to continue their conventions and Councell tables of Nobility , Gentrie , Ministers and Burgesses within the citie of Edinburgh , where , not regarding the laws of the Kingdome , without warrant of Authority , they conveened , assembled , and treated upon matters , as well Ecclesiasticall as Civill , sent their injunctions and directions throughout the countrey to their subordinate tables , and other under Ministers appointed by them for that effect . And under colour and pretext of Religion , exercing an unwarranted libertie , required obedience to their unlawfull and illegall directions , to the seen prejudice of Authority , and lawfull monarchicall government . And notwithstanding it was evidently manifest by the illegall and unformall course taken in the election of the Commissioners for the Assembly , whereof some of them were under the censure of this Church , some under the censure of the Church of Ireland , some long since banished for open and avowed teaching against Monarchie , others of them suspended , and some admitted to the Ministerie contrary to the forme prescribed by the lawes of this Kingdome ; others of them rebells , and at the Horne , some of them confined , and all of them by oath and subscription bound to the overthrow of Episcopall Government . And by this and other their under-hand working , and private informations and perswasions , have given just ground of suspicion of their partialitie , and so made themselves unfit judges of what concerneth Episcopacie . And al 's albeit it was sufficiently cleared by the peremptory and illegall procedures of the Presbyteries , who at their owne hand by order of Law , and without due forme of processe , thrust out Moderatours lawfully established , and placed others whom they found most inclinable to their turbulent humours , associate to themseves , for chusing of the Commissioners to the Assembly , a Laick-Elder out of each Parish , who being in most places equall , if not moe in number then the ministerie , made choice both of the ministers , who should be Commissioners from the Presbyteries , as also of a Laick-Elder , ( which in time will prove to be of a dangerous consequence , and import a heavie burthen to the libertie of Church and Church-men ) being more directed therein by the warrants of the foresaid pretended Tables , then by their owne judgements ; as appeared by the severall instructions sent from them ( farre contrary to the Lawes of this Country , and lowable custome of this Church ) some whereof were produced and exhibit by Our Commissioner , and publikly read : One whereof , direct to the Noblemen and Barons of each Presbyterie , doth among many other odde passages , require diligence , lest ( say they ) by our owne sillinesse and treacherie wee lose so faire an occasion of our libertie both Christian and Civill ; a strange phrase to proceed from dutifull or loyall hearted subjects . The other to the Moderatours of the severall Presbyteries , under the title of Private Instructions , August 27. first , containeth that these private instructions shall be discovered to none , but to brethren well affected to the cause : secondly , order must be taken , that none be chosen ruling Elders but Covenanters , and those well affected to the businesse : thirdly , that where the Minister is not well affected , the ruling Elder be chosen by the Commissioners of the shire , and spoken to particularly for that effect : fourthly , that they be carefull that no Chappelmen , chaptermen , or Minister justice of peace , be chosen , although Covenanters , except they have publikly renounced , or declared the unlawfulnesse of their places : fifthly , that the ruling Elders come from every Church , in equall number with the Ministers ; and if the Minister oppose , to put themselves in possession , notwithstanding of any opposition : sixthly , that the Commissioner of the shire cause conveen before him the ruling Elder of every Kirk chosen before the day of the election , and enjoyne them upon their oath , that they give vote to none but to those who are named already at the meeting at Edinburgh : seventhly , that where there is a Nobleman in the bounds of the Presbyterie , he be chosen , and where there is none , there be chosen a Baron , or one of the best quality , and he onely a Covenanter : eighthly , that the ablest man in every Presbyterie be provided to dispute de potestate supremi magistratus in Ecclesiasticis , praesertim in convocandis conciliis , &c. Whereby it is most evident what prelimitations , indirect and partiall courses , and dangerous propositions have beene used in the preparations and elections to this pretended Assembly . By which unlawfull doings , although Wee had sufficient reason to have discharged the meeting of the said Assembly , yet We were pleased patiently to attend the same , still hoping that when they were met together by the presence of Our Commissioner , and assistance of some well affected subjects , who were to be there , and by their own seeing the real performance of what was promised by Our Proclamation , they should have bin induced to return to the due obedience of subjects . But when We perceived that their turbulent dispositions did increase , as was manifest by their repairing to the said pretended Assembly with great troups and bands of men , all boddin in fear of war , with guns , & Pistolets , contrary to the lawes of this Kingdome , and in high contempt of Our Proclamation at Edinburgh the 16. day of Novemb. last : And also by the peremptory refusing to the assessors , authorized by Us ( although fewer in number then Our dearest Father was in use to have ) the power of voting in this Assembly , as formerly they had done in all others , openly averring that We , nor Our Commissioner , had no further power there then the meanest Commissioner of their number : & by their partial and unjust refusing , & not suffering to be read the reasons & arguments given in by the Bishops , & their adherents to Our Commissioner , why they ought not to proceed to the election of a Moderatour , neither yet to the trying and admitting of the Commissioners , before they were heard , though in Our name they were earnestly required thereto by Our Commissioner : and notwithstanding that Our Commissioner by warrant from Us gave in under his hand a sufficient Declaration of all that was contained in Our late Proclamation , bearing likewayes Our pleasure of the registration of the same in the books of Assembly , for all assurance of the truth and puritie of Religion to all Our good subjects , as doth clearly appear by the declaration it self ; wherof the tenor follows . The Kings Majesty being informed that many of his good subjects have apprehended that by the introducing of the Service Book , and Booke of Canons , the inbringing of Superstition hath been intended , hath been graciously pleased to discharge , like as by these he doth discharge the Service Booke , and Booke of Canons , and the practice of them , and either of them , and annulls and rescinds all Acts of Councell , Proclamations , and other acts and deeds whatsoever , that have beene made or published for establishing them , or either of them , and declares the same to be null , and to have no force nor effect in time comming . The Kings Majestie , as he conceived , for the ease and benefit of the subject , established the high Commission , that thereby justice might be administrate and the faults and errours of such persons as are made lyable thereto , taken order with , and punished with the more conveniencie , and lesse trouble to the people . But finding his gracious intention therein to be mistaken , hath beene pleased to discharge , like as by these Hee doth discharge the same , and all acts and deeds whatsoever made for establishing thereof . And the Kings Majesty being informed , that the urging of the five Articles of Perth Assembly hath bred distraction in the Church and State , hath been graciously pleased to take the same into His royall consideration , and , for the quiet and peace of this countrey , hath not onely dispensed with the practice of the saids articles , but also discharged all and whatsoever persons from urging the practice thereof , upon either laicke or ecclesiasticall person whatsoever , and hath freed all His subjects from all censure and paines whether ecclesiasticall or secular , for not urging , practising , or obeying them , or any of them , notwithstanding of any thing contained in the Acts of Parliament , or generall Assembly in the contrary . And his Maiesty is further contented , that the Assembly take the same so farre to their consideration , as to represent it to the next Parliament , there to be ratified as the Estates shall finde fitting . And because it hath been pretended , that oaths have been administrate different from that which is set downe in the acts of Parliament , his Maiesty is pleased to declare by me , that no other oath shall be required of any Minister at his entry , nor that which is set downe in the act of Parliament . And that it may appeare how carefull his Maiesty is that no corruption nor innovation shall creepe into this Church , neither yet any scandall , vice , or fault of any person whatsoever , censurable or punishable by the Assembly ; goe along unpunished , his Maiestie is content to declare by me , and assure all His good people , that generall Assemblies shall be kept so oft , and al 's oft as the affaires of this Church shall require . And that none of His good subiects may have cause of grievances against the proceedings of the Prelates , his Maiesty is content that all and every one of the present Bishops , and their successors , shall bee answerable , and accordingly from time to time censurable , according to their merits by the generall Assembly . And to give all his Majesties good people full assurance , that Hee never intended to admit any alteration or change in the true Religion profest within this Kingdome , and that they may be truely and fully satisfied of the reality of His intentions and integrity of the same , his Majestie hath been pleased to require and command all His good subjects to subscribe the Confession of Faith , and band for maintenance thereof , and of his Majesties person and Authority , formerly signed by His dear Father , in ann . 1580. and now also requireth all these of this present Assembly to subscribe the same . And it is his Majesties will , that this be insert and registrate in the books of Assembly , as a testimony to posteritie , not onely of the sincerity of His intentions to the said true Religion , but also of His resolutions to maintain and defend the same , and His subjects in the profession thereof . Which declaration was by Our speciall command and direction given in , and subscribed by Our Commissioner , upon protestation made by him , that his assenting to the registration hereof , should be no approbation of the lawfulnesse of this Assembly , nor of any of the acts or deeds done , or to be done therein . And finding them in like sort no wayes to be satisfied therewith , and that nothing else was able to give them contentment , except at their owne pleasure they were permitted to overthrow all Episcopall government in the Church , and thereby to abrogate Our publike lawes standing in vigour by the space of many yeares by-gone , and to alter the fundamentall government of this kingdom , in taking away one of the three Estates , contrary to expresse acts of Parliament : And lest the continuance of their meetings might have produced other the like dangerous acts so derogatory to Royall authority , We were forced for preveening thereof , and for the reasons and causes above-mentioned , and divers others importing true monarchicall government , to dissolve and breake up the said pretended Assembly , and to discharge them of all farther meeting , treating and concluding any thing therein . And yet in that calme and peaceable way , as Our Commissioner before his removing desired their pretended Moderator for that time to have said prayer , and so concluded that dayes session , that so they might have had time to thinke upon the just reasons of his refusing to assist , or be any longer present at the said pretended Assembly , & of the causes moving Us to the dissolving thereof : and notwithstanding his earnest urging the same , and being willing to returne the next morning to heare their answer ; in place of all other satisfaction to his so reasonable and moderate desires , it was refused , and met with a protestation of an high and extraordinary straine , thereby presuming to cyte and call Our Councell in question , for their dutifull assistance and obedience to Us and Our Commissioner . And finding their disobedience thus to increase , We were constrained to discharge them of new againe the next day thereafter , by publike proclamation , under the paine of treason . And albeit that their contumacie is such as hath not been heard of in former times , yet they shall never move Us to alter the least point or article of that We have already declared by proclamation , or declaration under Our Commissioners hand : All which was publikely read , and by Our Commissioner required to be insert and registrate in the books of Assembly , therein to remain as a testimonie to posterity , not onely of the sinceritie of Our intentions to the true Religion , but also of Our resolution , to maintaine and defend the same , and Our subjects in the profession thereof : And perceiving likewise that in contempt of Our proclamation at Glasgow the 29. of November they goe still on to conveene , meet , and to make illegall and unwarrantable acts , We have conceived it fitting to forewarne all Our good subjects of the danger that they may incurre by being insnared by these their unlawfull procedures . And to this purpose doe not onely liberate and free them from all obedience to any of the pretended acts , made , or to be made at the said pretended assembly , or Committees direct therefrom , but do also free them from all pain and censure which the said pretended assembly shall inflict upon them , or any of them . And therefore doe discharge and prohibit all Our subjects , that they nor none of them acknowledge nor give obedience to any pretended acts nor constitutions made or to bee made at the said pretended meetings , under all highest paines . And We command , charge , and inhibite all presbyteries , sessions of Kirkes , Ministers within this Realme , that none of them presume nor take upon hand privately nor publikely in their sessions and meetings , nor in their conferences , sermons , nor no other manner of way , to authorize , approve , justifie , or allow the said unlawfull meeting or assembly at Glasgow : neither yet to make any Act thereupon , nor to do any other thing private or publike , which may seeme to countenance the said unlawfull Assemblie , under the paine to bee repute , holden and esteemed and pursued as guiltie of their unlawfull meeting , and to bee punished therefore with all rigour : And siclike Wee command all and sundrie Noblemen , Barons , Gentlemen , Magistrates , and all other Our lieges who shall happen to bee present and heare any Ministers either in publike or private conferences and speeches , or in their Sermons , to approve and allow the said unlawfull Assemblie , raile and utter any speeches against Our Royall commandments , or proceedings of Us , or Our Councell , for punishing or suppressing such enormities , that they make relation and report thereof to Our Councell , and furnish probation , to the effect the same may bee accordingly punished , as they will answer to Us thereupon : Certifying them who shall heare and conceale the said speeches , that they shall bee esteemed as allowers of the same , and shall accordingly bee taken order with , and punished therefore without favour . And to this effect We likewise straightly charge and command all Judges whatsoever within this Realme , Clerks and Writers , not to grant or passe any Bill , summons , or letters , or any other execution whatsoever , upon any Act or Deed proceeding from the said pretended Assemblie , and all keepers of the signet from signetting thereof , and that under all highest paines . And because Wee gave order and warrant to Our Commissioner to make open declaration , not onely of Our sense , but even of the true meaning of the Confession of Faith , in Anno 1580. by which it may clearely appeare , that as Wee never intended thereby to exclude Episcopacie , so by no right construction can it bee otherwayes interpreted , as is more nor evident by the reasons contained in the said Declaration , and many more , which for brevitie ( the thing in it selfe being so cleare ) are omitted . Herefore Wee do not onely prohibit and discharge all Our subjects from subscribing any band , or giving any writ , subscription , or oath to , or upon any Act , or Deed that proceeds from the foresaid pretended Assemblie , but also do require them not to subscribe , nor sweare the said Confession in no other sense then that which is contained in the said Declaration , and manifestly emitted by Our Commissioner , under all highest paines . And that none of Our good subjects , who in their duty and bound obedience to Us shall refuse to acknowledge the said pretended Assemblie , or any of the pretended Acts , constitutions , warrants , or directions proceeding therefrom , may have just ground of feare of danger or harme by doing thereof , Wee do by these promise , and upon the word of a King oblige Our selves by all the Royall authoritie and power wherewith God hath endowed Us , to protect and defend them , and everie one of them in their persons , fortunes , and goods , against all and whatsoever person or persons who shall dare or presume to call in question , trouble , or any wayes molest them , or any of them therefore . And Our will is , and Wee charge you straitly and command , that incontinent these Our Letters seene , you passe , and make publication hereof by open Proclamation at the market crosse of Edinburgh , and other places needfull , wherethrough none pretend ignorance of the same . Given from Our Court at Whitehall the eighth day of December , and of Our Reigne the fourteenth yeere , 1638. Per Regem . THis Our Proclamation , published onely to make Our people acquainted with Our gracious proceedings at Glasgow , which by the malice of their Leaders had either beene concealed from them , or misreported to them , was received , as all Our former gracious proffers , with a verie undutifull , windie and blustering Protestation , so full of words , but withall , so void of truth and sense , as We were once resolved not to have inserted it here , neither indeed is it necessarie it should , for it is stuffed with the idle and superfluous repetitions of those things which are contained in their former Protestations , especially their last Protestation made at Glasgow , with which indeed it is for the most part the same verbatim : Yet , because We know that if it should be left out they would not stick to assure their followers , that it was omitted because of the unanswerable pregnancie of the reasons contained in it , here you shall have it , but without any answer to it , as to their former Protestations hath beene given ; there being verie little in it which is new , and so not answered before , or what is in it new being either verie false or verie impertinent , both which falsities and impertinencies shall onely bee observed on the margent , being assured that the Reader will easily finde that there is nothing in it worthie of any larger answer . The Protestation of the generall Assemblie of the Kirke of Scotland , made at the Market Crosse of Edinburgh the 18. of December , 1638. WE Commissioners from Presbyteries , Burghes , and * Universities , now conveened , and yet sitting in a full and free Assemblie of the Kirk of Scotland , indicted by his Majestie , and gathered together in the name of the Lord Jesus Christ the onely Head and Monarch of his owne Kirk ; And We Noblemen , Barons , Gentlemen , Ministers , Burgesses and Commons , Subscribers of the Confession of Faith , make it knowne ; that where We his Majesties loyall subjects of all degrees , considering and taking to heart the many and great innovations and corruptions lately by the Prelats and their adherents introduced into the doctrine , worship , and discipline of this Kirk , which had been before in great purity , to our unspeakable comfort , established among us , were moved to present many earnest desires and humble supplications to his sacred Majestie , for granting a free generall Assemblie , as the only legall and readie mean to try these innovations , to purge out the corruptions , and settle the disorder of the Kirk , for the good of Religion , the honour of the King , and the comfort and peace of the Kirk and Kingdome : it pleased his gracious Majestie out of his Royall bountie , to direct unto this Kingdome , the Noble and Potent Lord James Marquesse of Hamiltoun , with Commission to heare and redresse the just grievances of the good subjects : who , by many Petitions and frequent conferences being fully informed of the absolute necessitie of a free generall Assemblie , as the onely judicatorie which had power to remedy those evils , was pleased to undergo the paines of a voyage to England , for presenting the pitifull condition of our Kirk to his sacred Maiestie : And the said Commissioner his Grace returned againe in August last , with power to indict an Assemblie , but with the condition of such * prelimitations , as did both destroy the freedome of an Assemblie , and could no wayes cure the present diseases of this Kirk . Which was made so clearely apparant to his * Grace , that for satisfying the reasonable desires of the subjects , groaning under the wearinesse and prejudices of longsome attendance , he was againe pleased to undertake another journey to His Majestie , and promised to endeavour to obtaine a free generall Assemblie , without any prelimitation , either of the constitution and members , or matters to bee treated , or manner and order of proceeding : so that if any question should arise concerning these particulars ( whereof the power of ruling Elders as a part of the constitution , and the examination of Episcopacie as a present question to bee moved , was exprest , albeit now the Commissioner hath pretended the samine for the greatest causes of his rising and away going from the Assemblie ) the samine should be cognosced , judged , and determined by the Assemblie , as the onely judge competent : And accordingly by warrant from our sacred Soveraigne returned to this Kingdome , and in September last caused indict a free generall Assemblie to bee holden at Glasgow , the 21. of November last , to the unspeakable joy of all good subjects and Christian hearts , who thereby did expect the perfect satisfaction of their long expectations , and the finall remedie of their pressing grievances . But these hopes were soone blasted , for albeit the Assemblie did meet and begin at the appointed day , and for the space of seven dayes sitting was countenanced with his Graces personall presence , yet his Grace did never allow any freedome to the Assemblie , competent to it by the Word of God , Acts and practice of this Kirk , and his Majesties indiction , but did labour to restraine the samine during the time of his abode there , by protesting against all the Acts made therein , and against the constitution thereof by such members , as by all Law , reason , and custome of this Kirk , were ever admitted as members constituents of our free Assemblies , and by denying his approbation to the things proponed and concluded , though most cleare , customable , and uncontroverted . And further , his Grace after the presenting and reading of his owne Commission from our sacred Soveraigne , and after his seeing all our Commissions from Presbyteries , Burghes , and Universities , produced and examined , and the Assemblie constitute in all the members by unanimous consent , did , to our great griefe , without any just cause or occasion offered by us , * unexpectedly depart , and discharge any further meeting or proceeding in this Assemblie , under the paine of treason ; and after seven dayes sitting , declare all Acts made , or thereafter to bee made in this Assemblie , to bee of no force nor strength ; and that for such causes as were either then exprest verbally by his Grace , or contained in a Proclamation made by his Grace at Glasgow , * without any warrant of an Act of Councell , contrarie to the Law and custome of this Realme : whereunto we answered by our Protestation of the 29. of November , or otherwise for such reasons as his Grace thought meet to alledge , which are since superadded in this late Proclamation , now made at Edinburgh , this 18. of December , wherein , for our greater surcharge of sorrow , wee are heavily and wrongously blamed and taxed of many great offences . And first for making Protestation against the Proclamation made at Edinburgh the 22. of September last , whereas our reasons contained in that our Protestation are so forcible and just , to demonstrate the necessity and lawfulnesse of our Act , that wee judge all good men and Christians will be satisfied therewith ; whereanent we remit our selves to our Protestation printed , and will not for shortnesse repeat the samine reasons here . And where we are reproached and blamed in this new Proclamation for guarding and watching the Castle of Edinburgh , and impeding to import ammunition , or other necessaries , to any of his Majesties houses ; an Act which is exaggerat to bee without an example in the Christian world , seeing we denie that libertie to our Soveraigne , which the meanest of us do assume to our selves : For answer hereunto , wee confidently affirme that wee are unjustly challenged of all the said points , except for preveening dangers evidently threatned unto us , by circumspect attendance about the Castle of Edinburgh ; which afterward we shall shew to be warrantably done : * For we declare that we have never made the least stop or hindrance to the importation of any ammunition , victuall , or thing whatsoever , into any other of his Majesties houses , or Castles : Nor for carrying all necessarie sustentation into the Castle of Edinburgh . Neither hath any of us fortified , or provided any of our private houses for warlike defence ; so that all those are heavie , and unjust imputations : But wee confesse and grant , that there being some provision and ammunition quietly imported into this Kingdome , for furnishing the Castle of Edinburgh , and intended secretly to have been put therein , we have carefully preveened the samine by our diligent attendance , And that for such reasons , grounded upon equitie , the Law of nature , and municipall Lawes and Acts of Parliament of this Kingdome , and the lowable example of our predecessours : For the truth is , that having petitioned his Majestie for redresse of our just grievances , and a legall triall thereof , before we received any answer thereunto , all possible meanes were used to dissolve that union which was made amongst us for that good cause , and to impede all our meetings from deliberating thereupon , wherein the town of Edinburgh made a considerable part , not onely as an important member of this conjunction , but as a most commodious and ordinarie place of our meetings ; so that when all other meanes of perswasion had failed , the meanes of terrour was not left unassaied : And for that effect a great quantitie of ammunition was brought by sea from forraine parts to have beene clandestinly imported into the Castle of Edinburgh , as no doubt it was intended , seeing the samine was unloaded in the dead time of the night : And we considering that in case the samine had bin imported into the castle , with other provision and store formerly therein , the samine might have bin used & imploied for the overthrow of that place , and tended to our great prejudice , by with-drawing them , upon that terrour , and displacing us from our ordinarie meetings ; upon these reasons and considerations we preveened the samine by such a loyal way as cannot be offensive to Authoritie : * For the safetie of the publike is the end of all lawfull power , and supreme Law. And the adversaries of our Religion having formerly boasted , by that provision so to furnish the Castle , that it might beat down the town of Edinburgh , and bar the supplicants from meeting therein , we had just reason to hinder that fetter of slavery to be put upon the towne ; and that the Castle of Edinburgh , which is amongst the first strengths of the land against forraine forces , might bee turned as a speciall engine of constraint against the subjects , to hinder their lawfull meetings , or to force the towne of Edinburgh to separate from the rest of the supplicants : Which great prejudice the Law of nature teacheth us to avoid , And yet we have not proceeded therein without the warrant of the Acts of Parliament . For first , where there is any violent presumption of spoyling of the Countrey , it is ordained that the * Lievtenant raise the Countrey , and passe to such Castles and fortalices where there is any unrulie men , and take sovertie of the persons within these houses , that the Countrey and all the Kings lieges bee unharmed and unskathed of the saids houses , and of them who inhabits the samine from time forth : And if any make difficultie to bee arrested , and finde sovertie as Law will , they shall bee streinied thereto , James 2. Parliament 2. Act 3. And therefore now seeing there is not onely violent presumption , but great menacing , from the adversaries of the truth and Countrey , and their adherents , of the breaking of the Countrey and harming of the samine ; and especially his Majesties lieges within Edinburgh , by the extraordinarie provision of munition to the Castle of Edinburgh , and that by the saids Bishops plots from his Majesties prime officers , who in his Majesties absence should preveene that inconvenient by the ordinance of that Act : Therefore upon their default the Countrey it selfe and the Kings lieges , in whose favours the Act is made , may provide for their owne safetie , and keep themselves unharmed by that Castle , or any inhabitants thereof , and so preveen the importation of ammunition thereunto , conforme to the said Act of Parliament . * Secondly , as the Castle of Edinburgh and certaine other Castles and lands are the Kings undoubted annexed propertie , so it is to bee considered for what cause they were annexed , by whom annexed , upon what condition , and how to be disponed upon . For the onely cause exprest in the annexation thereof 41. Act. James 2. Parliament 11. is , that the povertie of the Crowne is oftimes the cause of the povertie of the Realme : Which Act makes no mention that the King was annexer of the Castles and Lands to the Crowne , but only that by the advice of the full Councell of the Parliament it was so statute and ordained , And appoints that they may not bee disponed upon , without advice , deliverance , and decreet of the whole Parliament , for great , seene , and reasonable causes of the Realme : So that being thus annexed to the Crowne by the Realme it selfe , for avoyding an inconvenient to the Realme , and being annexed with condition not to be disponed upon without the advice and decreet of the whole Parliament , and for great , seene , and reasonable causes of the Realme ; justice and equitie will require , that these Castles should not be made an instrument of the povertie and desolation of the capitall towne of the Realme , and of the harme of the most considerable part of the bodie of the Realme there conveened for supplicating his Majestie and the Councell , and preparing overtures to the future Parliament , for redresse of our just grievances . But now by this extraordinarie provision to the Castle , being threatned with ruine and exterminion , they may stop the misimploying of that benefit granted to the Realme eo animo & ad hunc finem , for the well of the Realme , while the Parliament of the Kingdome give their humble advice to his Majestie thereanent . Thirdly , by the 9. Act. 9. Parl. James 6. it is acknowledged that the Castle of Edinburgh , Dumbartane , Stirling , and Blaknesse , are foure chiefe strengths of the Realme which ought to be safely kept to the Kings behove , and wel-fare of the Realme : And for keeping the Castle of Edinburgh , there is assigned , with consent of the Estates , both money and victuall , a great part whereof is forth of the thirds of benefices , which thirds in December 1561. were decerned and ordained by Queene Marie , with advice of her Councell and others of the Nobilitie then present , to bee up taken and imployed for these two uses : viz. Sustaining of Ministers , and entertaining and setting forward the common and publike affaires of the Countrey and Common-wealth of the Realme : which was also enacted , Act 10. Parl. 1. James 6. and thereafter ratified Act 121. Parl. 12. James 6. Whereby it doth appeare that as the Castle is the Kings undeniable annexed propertie , so it is also a strength of the Realme , which should be safely kept to his Majesties behove , and wel-fare of the Realme , having for the keeping thereof rents assigned with consent of the three Estates of the Kingdom forth out of the thirds of benefices , estimate by the Estates in eum usum , for entertaining and setting forward the publike affaires of the Countrey and Common-wealth of the Realm . And consequently the most * loyall part of the body of the Realme hath maine interest to divert the converting of this strength to the weakning or ruine of the Realme or any member thereof , threatned by this unusuall provision , and openly denounced by our said enemies . Fourthly , by the 125. Act 7. Parl. James 6. it is acknowledged that the Kings Castles and strengths are the keyes of the Realme : and the onely use of keyes is for keeping together in safetie and preservation , and not for spartling , dispersing , or perdition . So that the Realme and collective bodie thereof can hardly be disallowed for contributing their loyall endeavours to the good keeping of their * owne keyes , when contrarie to the right end these keyes are used against the Countrey and Realme , whereof they should be , and are the keyes of safetie : as by the said Act is declared . Fifthly , by the same Act , all violent detainers of the Kings Castles from him , or constrainers of the Kings regents do redeeme his owne houses , and all makers of any such bargaine , merchandise , or market of the Kings Castles , are onely ordained to rander and deliver againe what they have received for reddition of the saids Castles , and that the King shall have action for repetition thereof as necessarily given for the time , and wrongously received for unlawfull causes . And our proceedings being compared with the subject of that Act of Parliament , cannot deserve so harsh constructions , where the * best part of the bodie of the Realme being constrained for indemnitie of their persons and goods , do neither take nor detaine the Castle , but onely with-hold importation , first clandestinly intended , and thereafter openly threatned , of all kinde of warlike and invasive furniture , which could bee usefull to no purpose , but to the harm and annoyance of those who were conveened for the just occasions foresaids , who deserve and expect approbation and * thankes from his Majestie in his own due time , for keeping his evill Counsellours , and bad Patriots , from putting hand in his best subjects . Sixthly , by the 25. Act 6. Parliament James 2. sundry points of treason are ennumerate : And amongst the rest , one is the assailing , without consent of the Estates , the Castles or places where the Kings person shall happen to bee : And now the Kings person not being in this Castle , but out of the Countrey , and the * best and most loyall part of his subiects both for number and fidelitie , imploring his Maiesties authoritie , for convocating the Estates to take order with these , who , presuming upon his Majesties absence , are bold to give him sinistrous information and counsell , these who do no wayes assaile the Castle , but barrs these evill Patriots from putting in execution their damnable suggestions by their supercherie violence and terrifications from that Castle , before the convention of Estates , cannot in Law and equitie bee challenged in their carriage , so necessarie to them in the interim , while the Estates conveene in a Parliament , which now his Majestie hath beene graciously pleased to proclaime . Seventhly , it is knowne by our Chronicles and Records , that the Castle of Edinburgh was given in keeping to the house of Erskine by the King and Estates of Parliament , * hac lege expressa & conditione , ut nulli nisi conventui ordinum reposcenti traderent . Eighthly , this Act is not unexampled in the Christian world : but hath many presidents both in the History of other Kirks and Kingdomes , and of our own , which hath many such examples even done by the Estates themselves : whose fact doth make our right , and whose authority is ratified conforme to the ancient and loveable custome , in punishing rebellious subjects , and preserving the faithfull , Act 130. Par. 8. James 6. In the next place we are upbraided for our meetings , which in the Proclamation are called Councell Tables only by that name which by ordinary expression is due to judicatories , to make it beleeved , that we have arrogate to our selves some unwarrantable power and authority ; ( which we neither have nor intends to doe God willing ) whereas the truth is , that in a matter so highly importing all of us , as the preservation of Religion and purity of Gods worship , it was most necessary for us to meet , and that in a sober , modest , and quiet way , for deliberating with joynt advice upon those weighty businesses for the good of the Kirke , his Majesties honour , and peace of the Kingdome : And those * meetings did never emit nor send forth any authoritative command or injunctions , but conclude upon such advices as might be most expedient for advancing that great businesse , and facilitating the way of supplication to his Majestie , and overtures for the Assembly and Parliament ; which was an Act lawfull and approvable in the selfe , albeit the conclusions thereof did not carry the force or validity of a binding law or command , which was never aimed at , nor intended : Which meetings they might warrantably keepe for that end , being for Gods glory , and removing the iust grievances of the subiects , no waies prohibited by any of our municipall Lawes , which disapproveth such conventions as are for disturbance of the peace , or usurpation against Authority , whereof neither of the two can bee alledged against these meetings : Not the first , because no invasion , violence , offer of wrong by word or deed , to any person , no even to those , upon whom they justly complaine , ensewed upon the same , notwithstanding of their provocations , and their feares falsly represented to his Maiesty , and maliciously pretended for their stay out of the Countrey : Not the second , because their meetings was to consult in manner foresaid upon the most fitting and humble way of supplicating his Maiestie , and for the most convenient propositions to bee represented to his Maiesty , the Parliament , and Assembly : all which acts are most compatible with the loyalty and duty of good subjects , and doe no waies intrench upon Authority , seeing they can never be challenged to have assumed to themselves any judiciall determination in any matter of State , Civill nor Ecclesiasticall , but by voluntary instructions and opinions every one to another in a common cause of Religion , did resolve what might be most conducible to their lawfull and iust ends ; And yet those conventions want not the warrant of Law and Authority , because they consist of the Nobility , Barons , Burrows , and Ministerie , which by the fundamentall Lawes of the Land , have place of proponing , reasoning , and voting in Parliament and Assemblies , Act 113. King James the 6. Parl. 11. wherein is acknowledged that it is necessary to the King and his Estates to be truly informed of the needs and causes pertaining to His loving subjects in all estates , and therefore ratifieth the Act made by King James , 1 , anno 1427. Giving power to Barons , to propone all and sundry needs , and causes , and to heare , treat , and determine all causes to be proponed in Parliament : which necessary and true information cannot be made to his Majestie and Estates , † without privy meeting and consultation : and consequently it being granted to them , to informe the King and Estates , and to propone , heare , treat , and finally determine all needs and causes to be proponed in Parliament , there must be necessarily understood to be a sufficient power granted to them for meeting and advising upon that information : Quia aliquo concesso , omnia concessa videntur , sine quibus concessum expediri nequit . And as to the Ministers they have likewayes power granted to them , not onely by the word of God and constitutions of the Kirke , but by the King and laws of this land , to propone , reason , and vote in Assemblies , and be the samine parity of reason to keep preceding meetings , not to determinate or execute , but to consult upon their necessary propositions : So that these lawfull meetings , for the religious end , suffer wrongously the invidious designation of Councell tables : which is onely done for procuring misconstruction against them ; because at these meetings and consultations they sat about a table , which posture is no wayes prejudiciall to Authority , the meanest of mechanik crafts having their own tables where about they sit , when they consult upon the smallest businesse importing their trade . And farder , these same meetings , consisting of Commissioners from each Sheriffedome and body of this Estate , were allowed by his Majesties * Councel first , and thereafter by the Commissioner his Grace ; In so farre as the whole subjects of this kingdome out of their resentment of the weight of this cause , having numerously conveened at Edinburgh , from all the parts of the kingdome , that confluence of people was desired to be dissolved , and directed to make choose forth of that great number of some Commissioners from each shire who might meet to represent their just grievances and desires , and attend the answers thereof . The third particular challenge in the Proclamation , is for the illegall and unformall course taken in the election of Commissioners to the Assembly , whereof some are alledged to have beene under the censure of this Kirke , some under the censure of the Kirke of Ireland , some banished for teaching against Monarchie , others being suspended , some admitted to the Ministery contrare to the laws of this kingdome , others at the Horne , some confined , and all by oath bound to the overthrow of Episcopacie : Whereunto although no answer be requisite , seeing the persons thereby meaned , are not specially condescended upon , yet for clearing all mens mindes , and showing the warrantablenesse of our proceedings , it is of truth that the Assembly , after particular triall which they took upon some such surmises , could not finde any censured by the Kirke of Scotland or Ireland , by a lawfull manner , in a lawfull * judicatory , or for a lawfull cause : but on the contrary , the Assembly , after carefull searching and examination , found , that any censure inflicted upon any of these persons in Scotland was only by a Bishop ( who ought to be punished for taking arrogantly on him the name of the Kirke of Scotland ) and that without the advice of any Presbytery , but sitting in his high commission ( which was condemned by the laws of this Kirke and Kingdome , is discharged by the Kings Proclamation , is one of our just grievances , and a part of the Bishops dittie ) and that only for refusing the innovations and corruptions abjured by the Confession of Faith 1580. For the censure of the Kirk of Ireland , it was not notified to the Assembly by any such objection , and yet out of their zeal and care to satisfie all these misinformations , whereof they heard some whisperings , they fand after triall , that these censures inflicted were for the same causes foresaids , and yet could not militate out-with the bounds of that diocie where they were censured in their own law and practique , and none of them were ever banished for any cause , let be for that odious cause pretended in the Proclamation : wherein the mention of Horning against some of the Commissioners could not bee a lawfull exception against them , because Horning can neither take away their Ministeriall function , nor deprive the Presbyteries of their voice by their Commissioners : But in speciall this Horning against the Commissioners to the Assembly cannot be respected ; because it was done in Edinburgh upon a † suddenty ( upon what intention we permit every one to consider ) after all the members of the Assembly were gone to Glasgow , and yet Protestation was taken against the samine , and suspension craved upon the reall offer of consignation , which , contrarie to the common law and practice of this kingdome , was unexampledly refused , and publick instruments taken thereupon : All which objections are onely now remembred to blemish the proceedings of this Assembly , but were never urged nor proponed in the Assembly ; but on the contrarie , the Commissions of all persons were produced , examined , discussed , and approven in my Lord Commissioners owne audience , without any contrarie voice of the Assembly : And yet upon these challenges much is built against the Assembly , and the samine are aggravate from a preceding oath , whereby it is alledged that the Commissioners were bound to overthrow Episcopall government , which is of the same stamp and mettall with the rest : For the truth is , that there was never any oath given , nor exacted , but that which is contained in the Covenant , whereby all was abjured , onely in generall , which was contrarie to the Confession of Faith 1580. leaving to the tryall and determination of the Assembly , whether Episcopacie and some other innovations were repugnant to the said confession , or not . And at the best , it is a bad inference , that one who hath maintained orthodox opinions , and preached against heresie , and errour , may not in the lawfull judicatorie voice for condemnation of these errours . And as for the election of Moderatours , admission of Ministers by Presbyteries , and restitution of Elders ; the same needeth no answer in this place , being sufficiently cleared by us before in our answers to the 11. Articles exhibite unto us by the Commissioner his Grace : Which answers were so satisfactory , that after the receit of the same , his Grace promised to procure a free general Assembly , with power to determine upon all questions anent members , matter , and manner of proceeding . And are further cleared in the book of Policie , and other Acts already cited in our particular answer to the Declinator of this Assembly , produced by the Bishops . All which is approven by this generall Assembly , and all Acts carrying appearance of contrariety thereto upon undeniable grounds are declared to be null ab initio . The fourth Act rubbed upon us to our prejudice by the Proclamation , is the sending from the Tables of instructions , whereof the heads are summarily exprest , which his Grace indeed did show to the Assembly , and then the members of the Assembly declared , that neither of these papers were ever sent from the * meetings at Edinburgh to any man in their knowledge ; and yet for the first ( which possibly might have been some private direction of one friend to another , without common advice ) it doth not containe any thing offensive or partiall . For the phrase of losing of our Christian and civill liberty might be warrantably exprest in relation to our former bondage and slavery under the Prelates , tyrannizing in their High Commission , whereby most summarily , at their own pleasure , they deprived , fined , and confined all persons and professours , with such an high hand as justly we might affect deliverance from that servitude , which was likely more to enteresse by the unlimited power usurped in their Canons . So that the desire of this liberty cannot be judged an affectation of licentious living without subjection to lawfull authority , which in our solemne Covenant with God wee have sworne to maintaine . And as for the other paper , the † same is the forgerie of our enemies presented to the Commissioner his Grace , of deliberate purpose to make a pretext for discharge of the Assembly , which we are sorry was so readily embraced , notwithstanding that when the same was produced by the Commissioner , the same was not onely cleared to be no draught sent by publicke advice , but the members of the Assembly , and even those whom his Grace most suspected , denyed the same , and offered to controll it by production of the true paper of their instructions , altogether disagreeing from that other produced by the Commissioner , except in the two points following , which had been craftily intermixed with the saids untruths , to give them some countenance of probability . Likeas they professed to his Grace , upon their * oath , that they had never seene the same before , nor ever read any of the Articles therein contained in any other paper , except the fourth and the eighth Articles , whereof the fourth was for eschewing ( as farre as might be ) Chappel-men , Chapter-men , and Ministers Justices of peace , from being chosen Commissioners to the Assembly : which was so reasonable , that none could be offended thereat , because * Chappel-men had approven , and without warrant of this Kirk practised the innovations introduced of late ; the Chapter-men had practised the book of ordination , and ( contrarie to the Acts of the Kirk discharging Chapters and their election of Bishops 1578. ) had approven the corruptions of Kirk government , and Ministers Justices of Peace had likewise accepted that civill office upon them , whereunto they were promoved for the most part as creatures and dependers of Bishops . And the eighth , wherein some are desired to study the points which were likely to be agitate in the Assembly , as , de Episcopatu , de senioribus , and among other points , de potestate supremi Magistratus in Ecclesiasticis , praesertim in convocandis conciliis ; whereat none can take just exception , because it was the duty of every member of that Assembly to instruct and enable themselves for agitating every point , which might occurre to be spoken of there by any , or been proponed by the Doctors of Aberdene , who were expected there , and commanded to study these points : So that this ought not to be wrested to their prejudice , seeing it was incumbent to the Assembly to know the precinct of the Kirks jurisdiction , especially anent their owne Assemblies , and to distinguish it from the civill jurisdiction of the supreme Magistrate , giving to God what is Gods , and to Cesar what is Cesars , whereby the soveraign Magistrate hath no prejudice , but great benefit , to know the extent of his power in matters Ecclesiasticall , lest either he should come short of what is due to him , or , for want of true information , incroach upon the liberties of Christs Kirk : Whereby it is most evident , that no indirect nor partiall courses , nor dangerous propositions , have beene used in the preparations and elections to this Assembly , but such as are most legall , peaceable , ordinarie , and warrantable . In the next place the Proclamation charges our innocency for repairing to the Assembly with great troupes and bands of men boddin in fear of war , and furnished with forbidden armes , in contempt of a preceding Proclamation : whereas the truth is , that our going and repairing to Glasgow was in the most peaceable , quiet , and single way which might serve for our security and indemnity against sundry outlawes , Clangregors , and their followers , who shortly before the meeting of the Assembly had done sundry outrages , and committed many insolencies upon the Kings good Subjects in these Westerne parts , both to private men , whom by their number they might enforce , and by exacting moneyes at publicke mercats neere Glasgow , whereof many were advertised by their private friends from these places , and to come thither prepared for eviting all affront or hazzard which they might incurre by that rascally multitude : So that being firmely resolved of before to goe thither every one accompanied with his own ordinary private train , we yet continued in that resolution , and went thither in most sober and quiet way , onely with this change , that for preveening that hazzard we went not every man alone with his owne ordinary servants , but some few together went in company ; which is not onely ordinary in going out the way , but was most expedient at that time for avoiding the foresaid hazzard and prejudice : which moved us all so to carry with us some offensive weapons ▪ wherewith not onely these rebels were provided , but likewaies such who went to Glasgow with his Majesties Commissioners , who upon that same necessity were likewaies * provided with those prohibited weapons , and yet their carriage nothing thought to deboird from the duty of good subjects . Upon these reasons some of the supplicants being present in Edinburgh , at the making of the said Proclamation 16. of November last , did protest that it might be lawfull for them to carry weapons for their own defence , and preservation against any such lawlesse invasion or violence as might threaten them , and that they might incurre no prejudice by carrying such weapons as those who followed Councellours and many others did , promising to carry themselves peaceably and irreproveably during the time of the Assembly , which accordingly they have done : and seeing our said carrying of weapons was for defence of our lives , against the invasion of these barbarous sorners , we are not censurable therefore by the act of Parlament prohibiting the saids weapons , because we was repairing to , or returning from the Assembly at command of his Majesties letters and authority , which is in speciall words exprest in the act of Parliament , Act 18. Parliam . 1. James 6. which is thereafter ratified with the same provisions , Act. 87. Parliam . 6. James 6. and thereafter also ratified , Act. 248. Parliam . 15. James 6. like as by the 227. Act , Parliam . 14. James 6. all honest men , and good subjects free-holders , are authorized with a commission to take and apprehend the persons and goods of those sorners and thieves , keep themselves in prison , and execute them to the death : And therefore farre more to carry weapons for resisting of their savage violence . And where the formall and orderly proceeding of this Assembly is challenged in the Proclamation , as peremptory , for refusing voice to the six Assessors assumed to himself by the Commissioner , and for not suffering the Declinator by the Bishops to be read before the electing of a Moderator , We cannot conceive the same to be a just cause of offence , because albeit according to our bound duty , We deferre all humble respect to his gracious Majesties Commissioner , and to the persons and places of the prime Noble-men , and Councellours his Graces Assessors , yet for preservation of the liberty of the Kirke of Jesus Christ , We did in all humility remonstrate that his Majesties Commissioner and Assessors , how many soever ( whose place is not to vote , but to assist the Commissioner by their counsell for his orderly proceeding ) could have but onely one voice in the Assembly : Since after thirty-nine nationall Assemblies of this reformed Kirke , where neither the Kings Majesty , nor any in His name were present , at the humble and earnest desire of the Assembly , his Majestie graciously vouchsafed His presence , either in His own royall person , or by a Commissioner , not for voting or multiplying of voices , but as Princes and Emperours of old in a Princely manner , to countenance that meeting , and to proceed in it for externall order : And if we had been honoured with his Majesties personall presence , his Majesty ( according to the practice of King James of blessed memory ) would onely have given His own judgement in voting of matters , and would not have called others who had not been cloathed with commission from the Kirke , to carrie things by plurality of voices . Which is also imported by his Graces Commission produced , wherein hee is nominate sole Commissioner . Like as also his Majesties Father never had Assessours voicing in † lawfull Assemblies , nor challenged the same to his Commissioners , but onely of late dayes in these corrupt Assemblies , which for undenyable reasons are declared to have beene null ab initio . And as to the refusing of the reading of the Declinator , and Protestation , exhibite by the Prelates , The same was publickly read , and the first Act of the Assembly , immediately after the election of a Moderator and constitution of the members , before the which time there was no Assembly established , to whom the same could have beene read , or by whom it could be judged ; Like as we desired his Grace to bring in the Prelates themselves , and we should both answer for their safety , and give them a full audience . And further , whereas his Grace under his hand , gave in his Majesties declaration , mentioned in this Proclamation , the same being considered by the Assembly , gave them matter of great joy , to finde his Majesties royall heart so farre enlarged towards them , as willingly to untie some of those grievous bands wherewith they had beene fettered by the meanes of some who abused their own places , and trust with his Majesty ; But the same was not found satisfactory , nor sufficient for establishing of a legall security of the points therein mentionate , nor yet for purging the corruptions , and setling the peace of this Kirke , as was promised , whereof the Commissioner his Grace would not stay to be informed , but did unexpectedly and suddenly remove , to the great grief of the Assembly , who thereby was necessitate to use the power * God had put in their hands , for removing all innovations , and setling the purity , and peace of this Kirke . And seeing in this Proclamation his Majesties declaration is insert ad longum , and the Assembly taxed for not being fully satisfied therewith , we are enforced to repeat here the reasons which moved the Assembly not to think the same satisfactory , in hope that they , comming to his Majesties sacred eares , may procure the continuance of his benigne favour , so acceptable to this Kirke , by the indiction of this Assembly , and production of the said declaration , and obtain his Royall approbation to the whole acts and proceedings of this Assembly , which is heartily wished , and would replenish the hearts of all good subjects with abundant joy and contentment . And first , where his Majestie hath discharged the Service Book , and Book of Canons , and practice of both , and all Acts , Proclamations , and ordinances made for establishing thereof , upon information that by the introduction of them , the subjects have apprehended the inbringing of Popery , & superstition to have beene intended : Neither the discharge nor the ground thereof are satisfactory ; Not the first , because as some Acts and Proclamations did serve for their establishing , so others gave them an high approbation , as fit means to maintaine religion and beat down all superstition : And therefore though those which established them be rescinded , yet those which approved them do remaine , and may bring forth other Acts and Proclamations for restoring them or the like hereafter , if these books receive not a publick censure by the generall Assembly as the only judge competent to bar them and the like in all time comming : Seeing Acts of Councell , and Proclamations , are frequent and variable , and yet are no legall valid meane either to introduce or abolish any thing concerning the doctrine and discipline of the Kirke , wherein they neither can meddle nor secure the subjects , Next , seeing by the constitutions of this Kirke * the generall Assembly hath onely power to determine concerning the matters of Gods publick worship ; And that the framers of these books , who called themselves the representative Kirk , made them to be practised in sundry places of the countrey by their own authority , and that which they borrowed from † the Lords of secret Councell : Therefore it was most necessarie that the same should be discharged by the generall Assembly ( the onely true representative Kirk of this nation ) for vindicating her just right from violent usurpation , and preventing the like in time comming ; Not the second , for the subjects have just grounds of perswasion that the Prelats & their followers ( the framers & followers of those books ) intended the inbringing of Popery and superstition by the introducing thereof , because , 1. Many grosse points of Popery and superstition are not onely closely couched under the cover of ensnaring ambiguities ( the most insinuating way of errours and best mask to superstition ) but also expresly contained in the Books themselves ; as was made manifest by sundry treatises read and considered in the Assembly , and is now so declared by the Assembly . 2. The framers and favourers of these Books in their sermons and conferences have vented sundry Popish errours , and approven Popish superstitions : which fully detecteth , and leaveth no doubt of their intention , in the introducing of Books so full of Popery and superstition . Secondly , the discharge of the high Commission by his Majesties Proclamation or Declaration cannot be sufficient ; because first , his Majesty declareth that he established the same for the ease and benefit of the Subjects , that justice might be administrate with the more conveniencie and lesse trouble of the people , And now dischargeth it , because the subjects have mistaken his gracious intention : So that if the mistaking be removed , that which is conceived of it selfe to serve for administration of justice , with ease and benefit to the subjects , may bee established upon pretention of the removeall of all such mistakings . Secondly , though the acts and deeds made for establishing thereof bee rescinded , yet the acts past heretofore by the high Commission are not rescinded : And so the subjects censured by it , are still esteemed under these censures , as appeareth by the tenour of the Proclamation , wherein the Assembly is taxed , as consisting of some members that are under the censures of this Kirke , meaning the Bishops censure in the high Commission . Thirdly , it being found contrary to the acts of Parliament , and acts of generall Assembly , and extremely derogatory to them and all other subalterne iudicatories both civill and Ecclesiasticall ( which is made clearely manifest by a treatise presented to the generall Assembly , ) and it being devised and brought in by the suggestion of Bishops , as a meane whereby they might , and have unlawfully , tyranized over all the subiects , Therefore it is necessary that the Parliament and generall Assembly , the highest civill and Ecclesiasticall iudicatories that have been wronged , should by their severall sentences utterly abolish it as unlawfull and hurtfull . Thirdly , whereas his Majesty dispenseth with the practice of Pearth Articles , dischargeth all from urging the practice thereof , freeth from censures for not urging or practising them , notwithstanding of any thing contained in the acts of Parliament , or generall Assembly to the contrary , and is content that the Assembly take the same so far to their consideration , as to represent it to the next Parliament there to be ratified as the Estates shall finde fitting : These cannot satisfie ; because first , a dispensation with the practice , without a simple discharge , leaveth it still arbitrary to those who will practice , and so continueth the rent and distractions in this Kirke . Secondly , although his Maiestie had discharged the practice of them by his Proclamation or Declaration , yet the subiects had not been put in security thereby , except the generall Assembly ( to whose tryall they belong and were referred by all the subscribers of the Confession in March ) doe either repell the articles of Perth , or upon good reason declare that Assembly null , since his Maiesties Proclamation or Declaration is not a sufficient warrant to infringe an act of Assembly or Parliament made to the contrary . Thirdly , by tying the Assembly to take the same no further unto their consideration then to represent it to the next Parliament , the Assembly is both prelimitate ( whereanent refers to the six reasons against prelimitation insert in our Protestation September 22. ) and weakned in power , * as if it might not judge and determine in matters meerely Ecclesiasticall without a licence from his Majestie , or a reference to the Parliament , whereas the generall Assembly is supreme and independent in matters Ecclesiasticall , as the Parlament is in civill ; so that when the acts of Assembly are ratified in Parliament , the same is for adioyning the civill sanction to the Ecclesiastick constitution for the great terrour of transgressors . Fourthly , anent the oaths administrate to Ministers at their entry , it hath not onely beene pretended , but is certaine , and will be made manifest to the Assembly , ( which also now is done ) that oaths have been exacted different from that which is set downe in the acts of Parliament , and in many severall wayes according to the pleasure of the Prelats : And where his Majestie declares that no other oath shall be required of a Minister at his entry , nor that which is set down in the act of Parliament , * the same is of fearefull consequence , because the act beares an oath to be given unto the Bishop by Ministers intrants , and so supposeth the office of a Bishop to be unchangeable and uncontroverted , whereby the Assembly is prelimited ( against the reasons before mentioned ) which may finde that office uselesse and unlawfull in this Kirk , and which now they have found upon most infallible reasons . Fifthly , that his Maiesty assureth generall Assemblies shall be kept as oft as the affaires of this Kirk shall require , doth not satisfie , because first , by leaving the time undefinite , it preiudgeth the liberty of the Kirke of holding yeerly generall Assemblies at least , and oftner pro re nata : ratified by the act of Parliament 1592. the disuse whereof hath beene a maine cause of our evils , which should bee prevented in time comming , by renewing that ancient necessarie custome and liberty : Secondly , by the same act of Parliament it is provided that the King , or his Commissioner being present , shall appoint the time and place of the next Assembly : And in case his Maiesty or his Commissioner be not present for the time in the towne where the Assembly is holden , it shall be leasome to the said generall Assemblie by themselves to appoint the time and place of the next Assembly , as they have bin in use in times past : But this declaration not only leaves all indefinite but totally everts that power and liberty competent to them by law and custome . Thirdly , As it doth not determine how oft the ordinary effairs of this Kirke require an Assembly ( which the custome of this Kirke and act foresaid evidently manifest to bee yeerely once at least ) so neither doth it determine who shall judge when the necessity of extraordinary effairs require an Assembly pro re nata : whereas undoubtedly the Kirke will be most sensible of her owne necessities , and is the most proper Judge of her owne effaires : And therefore should have freedome to appoint her owne times when she finds her selfe pressed with present exigencies , as his Maiesty hath also power when hee perceives any necessity requiring the same . Sixthly , whereas his Maiesty is content that all the present Bishops and their successours be answerable to , and censurable by the generall Assembly , it doth not satisfie ; because , First , it beares a prelimitaon of the Assembly in the matter of trying that Office , and presupposes the continuance thereof by succession as unquestionable . Secondly , They have beene formerly made censurable by the generall Assembly in the straightest way that the Kirke could enjoyn , or they could assure : And yet these thirty yeeres they have shunned all censure ( though all their actions deserved it ) by procuring generall Assemblies to be prorogate , and then suddenly indicted when they had cunningly prepared both persons and purposes to their minde : Likeas now they have by their Declinator refused to answer , and be censured by this present Assembly indicted by his Majestie , conveened in the name of Christ , and perfitly constitute in the members thereof : And therefore it lyeth upon this present Assembly to take some solide course , for securing the Kirk , in all time comming , against the prejudices of their former and frequent breaches contrary to their oathes given . Seventhly , whereas his Majestie requireth this present Assembly to subscribe this Confession of Faith formerly signed by his Royall Father 1580. and lately commanded by his Majestie to be subscribed by all his Majesties subjects : The reasons contained in the Protestation September last 22. ( whereto we adhere and repeats the same ) do sufficiently evidence that we cannot subscribe the same : to which we adde , First , that his Maiesties Commissioner hath declared to the Lords of Session when their subscriptions was required , that it might subsist with the innovations introduced since the yeere of God 1580. which * some of the said Lords then did , and all of us doe now conceive to repugne to the genuine and true sense of the Confession of Faith as it was first made : Secondly , That his Grace hath protested divers times in this Assembly , that nothing done or to be done therein prejudge the Archbishops and Bishops in their priviledges , places , power and jurisdiction : whereby the declareth that these may subsist with the Confession of Faith , notwithstanding they be novations introduced upon this Kirke , contrary to the same , since the yeer foresaid , as is now found by the Assembly : Thirdly , That to the Assembly presently conveened and perfectly constitute in the members thereof , it pertaineth properly according to the word of God , constitutions of this Kirke , and booke of Policie , ratified in divers Assemblies , to determine what is the true meaning of the Confession of Faith , and to make the same knowne to all the members of this Kirke , who thereafter without scruple or danger may subscribe the same . And although the Assembly could not finde this Declaration satisfactory for these and the like weighty reasons , yet were they willing the same should be insert in their books for obedience to his Maiesties desire : and thankfully acknowledging his Maiesties pious affection to true Religion , and Royall resolution to defend the same and his subiects in the profession thereof , exprest in the closure of his Royall Declaration , they were confident that when his Maiestie shall bee fully informed that the novations introduced since the yeere 1580. are incomparable with the Confession of our Faith , he will be pleased graciously to vouchsafe his comfortable protection upon those , who ( adhering to the true meaning of that Confession now fully cleared by the Assembly ) have abjured all the innovations introduced , and by their great oath and subscription have bound themselves to maintaine the true Religion , and his Majesties person and authority in defence of the same . And thus true Religion being the channell which convoyeth both duties to their proper object , the evidence of Gods image in our dread Soveraigne his Depute shall bee terrible to all the enemies of his Majestie , and of his loyall subjects who stand for the Confession of Faith , and the true meaning thereof , and shall raise up the affections of his Religious subjects towards his Majestie above all earthly respects . And where it is subjoyned in the Proclamation that nothing was able to give contentment , except we were permitted to overthrow Episcopal government and to abrogate publicke Lawes standing , and take away one of the three Estates , wee are sufficiently cleared thereof by the Acts of the Assembly , abrogating , and abolishing Episcopall government in this Kirke for * infallible reasons contained in the said Act , and also by our answer published to the Declaration emitted in the Commissioners name ( which for brevity we forbeare to insert herein ) whereby wee have sufficiently evinced that our proceedings are not contrary to the Lawes of the Kingdome , or destructive of any lawfull third Estate , and which part of the Proclamation doth close , with an undeserved imputation to our loyalty , bearing that for the like dangerous Acts so derogatory to Royall authority , and for others reasons importing true Monarchicall government , the Commissioner was forced to dissolve the Assembly ; but the same is so generally expressed , that it appeares evidently to be done of plaine purpose to make us hatefull , which we hope will not worke that end , unlesse some speciall Act of disloyalty or malversation could bee specially condescended upon ( which undoubtedly had not beene omitted if it had been possible ) otherwaies that darke cloud of general termes cannot obfuscate the pure brightnesse of our sincere intentions , unlesse our true representation of grievances , and earnest humble pressing legall redresse thereof at his Majesties hands , may deserve that aspersion in the eyes of these Councellours , who thinke themselves obliged rather in absolute obedience , then a dutifull representation to their Soveraigne of what is just and warrantable ; wherein wee appeale to all the world , if either our proceedings , or opinions bee any wayes derogatory to the true power of Monarchicall government or his Majesties authority , which wee are obliged to defend with our lives and fortunes by our Covenant . And where in the Proclamation , in that part thereof , anent the Commissioners discharge of the Assembly , is insinuate some expression of his graces willingnesse to returne the next morning to the Assembly , wee declare that wee were most sensible of the benefit of his Graces presence , and received great contentment by that countenance of Royall authority in representation , whereof we would never have deprived our selves , if we had had the least signification of any such intention : but the truth is , that having called our selves to our best remembrances , we heard no word or expression tending that way ; but by the contrary * we did humbly require his Grace to give in the reasons of his discontentment in writ , and to returne the next day againe , at which time wee should give in sufficient answers thereto which might wipe away all his Graces objections , and move him to continue his wished presence to that Assembly , whereat hee had publickly professed he could no longer assist : but this being refused , and the Assembly discharged by him , we were necessitate to protest both that day and the day following upon the Mercate Crosse of Glasgow , and to shew , that in conscience of our duty to God and his truth , the King and his honour , the Kirke and her liberties , this Kingdome and her peace , this Assembly and her freedome , to our selves and our safety , to our posterity , persons , and estates , we could not dissolve the Assembly for the reasons following : First , for the reasons already printed anent the conveening a generall Assembly , which are now more strong in this case , seeing the Assembly was already indicted by his Majesties authority , did conveen and is fully constitute in all the members thereof , according to the word of God and discipline of this Kirke , in presence and audience of his Majesties Commissioner , who hath really acknowledged the same by assisting therein seven dayes , and exhibition of his Majesties royall Declaration to be registrate in the books of this Assembly , which accordingly was done . Secondly , for the reasons contained in the former Protestations made in name of the Noblemen , Barons , Burgesses , Ministers , and Commons , wherunto we did then iudicially , and doe now actually adhere , as also unto the Confession of Faith and Covenant subscribed and sworn by the body of this Kingdome . Thirdly , because as we are obliged by the application and explication subioyned necessarily to the Confession of Faith subscribed by us , so the Kings Maiestie , and his Commissioner , and privie Councell , have urged many of this Kingdome to subscribe the Confession of Faith made in anno 1580. and 1590. And so to returne to the doctrine and discipline of this Kirke as it was then professed ; but it is cleare by the doctrine and discipline of this Kirk , that it was most unlawfull in the selfe , and preiudiciall to these priviledges , which Christ in his word hath left to his Kirke to dissolve or breake up the Assembly of this Kirke , or to stop and stay their proceedings in constitution of Acts , for the well-farre of the Kirke or execution of discipline against offenders , and so to make it appeare that Religion and Kirke government should depend absolutely upon the pleasure of the Prince . Fourthly , because there is no ground of pretence , either by Act of Assembly , or Parliament , or any preceding practice , whereby the Kings Maiesty may dissolve the generall Assembly of the Kirke of Scotland , farre lesse his Maiesties Commissioner , who by his commission hath power to indict , and keepe it secundum legem & praxim , but upon the contrary his Maiesties prerogative Royall is declared by Act of Parliament to be no wayes prejudiciall to the priviledges and liberties which God hath granted to the spirituall office-bearers and meetings of this Kirke , which are most frequently ratified in Parliaments , and especially in the last Parliament holden by his Maiestie himselfe ; which priviledges and liberties of the Kirk , his Maiestie will never diminish or infringe , being bound to maintaine the same in integrity by solemne oath given at his Royall coronation in this Kingdome . Fifthly , the Assemblies of this Kirke have still enjoyed this freedome of uninterrupted sitting , without or notstanding any contramand , as is evident by all the records thereof , and in speciall by * the generall Assembly holden in anno 1582. which being charged with letters of Horning by the Kings Maiestie his Commissioner , and Councell , to stay their proces against M. Robert Montgomerie pretended Bishop of Glasgow , Or otherwaies to dissolve and rise , did notwithstanding shew their liberty and freedome by continuing and sitting still , and without any stay going on in that proces against the said M. Robert , to the finall end thereof , and thereafter by letter to his Majestie did shew clearly , how farre his Majesty had been mis-informed , and upon mis-information prejudged the prerogative of Jesus Christ and the liberties of this Kirke , and did enact and ordaine that none should procure any such warrant or charge under the paine of excommunication . Sixthly , because now to dissolve after so many supplications and complaints , after so many reiterated promises , after our long attendance and expectation , after so many references of processes from Presbyteries , after the publike indiction of the Assembly , and the solemne Fast appointed for the same , and after frequent convention and formall constitution of the Assembly , in all the members thereof and seven daies sitting , were by this Act to offend God contemne the subjects petitions , deceive many of their conceived hopes of redresse of the calamities of the Kirke and Kingdome , multiply the combustions of this Kirk , and make every man despaire hereafter ever to see Religion established , innovations removed , the subiects complaint respected , or the offenders punished with consent of Authority , and so by casting the Kirke and Estate loose and desolate , would abandon both to ruine . Seventhly , it was most necessary to continue this Assembly , for preveening the preiudices which might ensue upon the pretence of two Covenants , whereas indeed there is but one : that first subscribed in 1580. and 1590. being a nationall Covenant and oath to God , which is lately renewed by us , with that necessary explanation which the corruptions introduced since that time contrary to the same , inforced : which is also acknowledged in the Act of Councell in September last , declaring the same to be subscribed as it was meaned the time of the first subscription ; and therefore , for removing that shame and all prejudices which may follow upon the shew of two different Covenants and Confessions of Faith in one Nation , the Assembly could not dissolve before it had tryed , found , and determined that both these Covenants are but one and the selfe same Covenant : The latter renewed by us , agreeing to the true genuine sense and meaning of the first as it was subscribed in anno 1580. And further in the said Proclamation , the straine of our Protestation is taxed , because we have thereby presumed to cite those of his Majesties Councell who have procured , subscribed , or ratified this Proclamation , to bee responsall to his Majestie and three Estates of Parliament ; whereas the same cannot be justly quarrelled , because it it is grounded upon the Law of the Kingdome , and warranted by the act of Parliament therein cited 12. act . Par. 2. James 4. which act is grounded upon good reason : for it were strange to thinke that Councellours giving bad counsell , to the evident prejudice and ruine of the Countrey , and publick detriment of the good Subjects , should not be countable therefore to his Majestie and his Estates ; and it is not without instance in our Lawes , that perverse counsell hath beene given in misguiding the Kings and common good of this Realme , Act 6. Par. 1. James 4. which is also acknowledged by the reduction of grants made by Kings to these perverse Councellours , act 3. Par. 4. and act 5. Par. 1. James 4. The perversenesse of which misguiding counsell , hath been assuredly the cause why in the next Parliament in the yeere immediately subsequent , the Kings Councell was chosen in Parliament , and sworne in presence of the King and three Estates , and ordained to be responsall and accusable to the King and three Estates for their counsell : Which cleareth that both evill counsell may bee given , and that the Councell may be accused before the King and Parliament for malversation in their charge . Like as his Maiestie in the Proclamation , makes all persons lyable to the Parliament and generall Assembly , and so giveth way to this previous cytation , which may serve for a forewarning and intimation that they may bee accused if they bee guilty , as wee know all are not , and wish that none were . All which heavie objections and imputations are premitted in the Proclamation to the conclusion and command thereof , which resolveth into two heads ; the first discharging obedience to the acts of Assembly , and liberating all , who shall disobey , from censure , and promising Protection to the disobeyers , and inhibiting all Presbyteries , Sessions of Kirks , Ministers within this Realme in their Sermons , Sessions , and meetings or any otherwaies , to authorize , approve , or allow the Assembly at Glasgow , or doe any deed which may countenance the same , under paine to be punished with all rigour . And commanding all who shall heare them , to delate the same , under paine of the like punishments ; likewaies straitly charging and commanding all Judges within this Realme , Clerks , and Writers , not to grant or passe a bill , summond , or letters , or any other execution whatsoever , upon any act , or deed , proceeding from the said Assembly ; and all keepers of the Signet from Signeting thereof , under all highest paine . And the second head , commanding all Subiects to subscribe and sweare the Confession commanded by his Majestie conforme to the sense and meaning of the declaration published by the Commissioner , whereunto we need not here make any answer , but remits the same to a speciall answer , published in print made to that a Declaration . But for the first , the same is so farre repugnant to the word of God , practice of the primitive Kirke , the Lawes Civill and Canonicall , the custome of all Nations , the constitutions of our generall Assemblies , acts of Parliament , practice of other judicatories within this Kingdome , to the Confession of Faith and discipline of this Kirke , as we cannot believe any such commandments to proceed from our gracious King , but from the malice and mis-information of our adversaries , the conscience of whose guiltinesse affrighteth them to undergoe their deserved censure , which is b cleare first , That the same is contrary to the Law of God , from that place of Scripture Mat. 18. wherein the Kirke is commanded absolutely to inflict censures . 1. Cor. 5. wherein the Kirke did execute that commandment . And the Kirks of Pergamus and Thyatira , are reproved for not executing Ecclesiasticall censures against those who held the doctrine of Balaam , or of Jezebel , 2. Rev. So that the power of the keys in Ecclesiasticall censures is so intrinsecally and so essentially competent to the Kirk and generall Assembly jure divino , as obedience to her decreets and executions thereof , cannot be suspended , far lesse taken away and discharged by humane authority , more nor the power of preaching and administration of the Sacraments . Secondly , it is contrary to the practice of the Apostolike and Primitive Kirks , whose constant practice was to execute the spirituall functions and censures ; and , notwithstanding humane prohibitions , to obey God rather then man. Thirdly , It is contrary to the civill Law , si contra jus vel utilitatem publicam , vel per mendacium fuerit aliquid postulatum vel impetratum ab Imperatore . Et titulo de diversis rescriptis & pragmaticis sanctionibus . Fourthly , the same is contrary to the * Cannon Law decret . decretal . extravagan . titulo de rescriptis . Fifthly , it is contrary to the universall custome in all Nations ordaining their Judicatories to doe justice , notwithstanding their Princes prohibition , as is cleare by Convarnvia in Spaine , Pappon in France , Suedwyne in Germanie , &c. upon the title de rescriptis aut constitutionibus principum . Sixthly , to the constitutions of generall Assemblies , because in sundry generall Assemblies upon complaints made that the Kings Majestie and his Councell by their letters offered some stop to the Kirk from going on in her Ecclesiasticall censures , especially by act of the generall Assembly conveened in the new Colledge of Sanctandrows 20. April 1582. it is ordained that none being received to any Ecclesiastical function , office , or benefice , seek any way by the civill power to exeeme and withdraw themselves from the jurisdiction of the Kirk , or procure , obtain , or use any letters , or charges , either by themselves , or any other in their name , or at their command and instance , to impaire , hurt , or stay the said jurisdiction , discipline , correction of manners , or punishment of their offences & enormities , or to make any appellation from the general Assembly , to stop the discipline , and order of the Ecclesiasticall policie , and jurisdiction granted by Gods Word to the office-bearers within the said Kirk , under the paine of excommunication summarily , without any processe , or admonition to be pronounced by the judgement of the Eldership , by the Minister , or Ministers which shall be appointed by them , how soon it is known that any of the saids heads are transgressed ; Likeas both the Kings Majestie and his Councell promised that none thereafter should have that cause to complaine , as is manifest by the Act of Assembly at Montrose in July 1597. And in the Assembly holden at Saint Andrews , 24. April 1582. being charged with Letters of Horning not to proceed against Master Robert Montgomrie , ; the Assemblie did write to his Majestie that this discharge was extraordinary , as a thing that was never heard nor seen since the world began , and was directly against the word of God ; and Lawes of the Kingdome . And yet notwithstanding of the said charge the Assembly did proceed and excommunicate the said Master Robert. Further , In the Assembly at Edinburgh , the 27. of June 1582. Sess. 7. amongst the grievances presented by the Kirk to the King , The first is , That his Majestie by device of some Councellours is moved to take upon Him that spirituall power and authority which properly belongeth to Christ as only King and Head of his Kirk , the Ministerie and execution whereof is only given to such as bear office in the Ecclesiasticall government of the same ; so that in his Majesties person some men prease to erect a † Popedome , as though his Majestie could not be full King and Head of this Common wealth , unlesse alswell the spirituall as temporall sword be put in his Majesties hands , unlesse Christ be rest of his authority , and the two jurisdictions confounded , which God hath divided , which directly tends to the wrack and overthrow of all true Religion , &c. And in the Assembly holden at Edinburgh in Octob. 1582. Sess. 15. Summonds are direct by the generall Assembly against the Kings Advocate , for drawing up the Kings Proclamation of that straine . 7. The foresaid command is also contrary to the Acts of Parliament : because as the Acts of Parliament appoint every matter for its owne Judicatorie , and to all Judicatories their own freedome , so much more doth this liberty belong to the nationall Assembly , being the supreme Judicatorie Ecclesiastick of this Kirk , and onely competent Judge in matters so important , and so nearly concerning Gods honour and worship immediatly , the salvation of the peoples soules , the setling of the purity of Gods worship , the purging away the corruptions thereof , and right constitutions of the Kirk , whose liberties and priviledges are confirmed , Parl. 12. King James 6. and Parl. 1. King Charles . Likeas by the 12. Par. 114. Act K. James 6. ann . 1592. the libertie and discipline of the Kirk , especially in her Presbyteries and Assemblies , are fully and firmly ratified , with declaration that the Act of the Kings Majesties prerogative Royall over all Estates and persons , shall no wayes be prejudiciall to the priviledges which God hath given to the spirituall office-bearers in the Kirk , concerning heads of Religion , matters of heresie , excommunication , collation , and deprivation of Ministers , or any such like essentiall censures , especially grounded and having warrant of the word of God , with full power even to the particular Presbyteries to put order to all matters and causes Ecclesiasticall within their bounds , according to the Discipline of the Kirk . 8. The Lords of Councell and Session by Act 92. Parl. 6. King James 6. are ordained to proceed in all civill causes intended or depending before them , or to be intended , and to cause execute their Decrees , notwithstanding any private writing , charge , or command from the Kings Maiestie , or His Councell in the contrarie , and by the 47. Act , 11. Parl. King James 6. all licences and supersederees purchas'd from his Maiestie , are discharged as contempt done to the Law , as great hurt to the lieges , and contrarie to iustice , and declareth the same to bee null of the Law , and not admissibly by any iudge , nor effectuall to the purchaser any wayes , and ordaineth all Judges within this Realme to proceed and do justice , siclike and in the same manner as if the said supersederees and licences never had beene purchased nor produced . Like as by the 106. Act Parl. King James 6. all licences granted by his Majestie to hinder the execution of Acts against Papists and other adversaries of the true Religion are discharged and declared to be of no force . According to which it hath beene the ordinarie custome both in Civill and Ecclesiasticall Judicatories ( notwithstanding of privie warrants or prohibitions contrarie to Law which commonly are impetrate from his Majestie upon misinformation ) to proceed and minister justice . 9. To discharge obedience to the Acts of the Assemblie , stop the execution thereof , protect and defend such as are delinquents and under the Kirks censure , doth directly repugne to the large Confession of Faith of this Kirk . Wherein cap. 19. the third mark of the true Kirk is affirmed to bee upright , ministration of Ecclesiasticall Discipline , as Gods word prescribes , for establishing good order and repressing of vice : and so no more can bee impeded nor justly taken from the Kirk then any of her other two marks viz. The right preaching of the word and ministration of the Sacrament : And therefore in the Oath at the Kings Coronation , he sweareth to maintaine this Confession , and these three marks of the Kirke , and particularly that hee shall be carefull to root out of his Empire all Hereticks and enemies to the worship of God , that shall be convict by the true Kirk of God of the foresaids crimes . 10. In the short Confession of Faith sworne , 1580. and 1590. and renewed by the greatest and * best part of this Kirk and Kingdome , with an explication renewed also at his Maiesties command by his Councell , all are bound to continue in obedience of the Doctrine and Discipline of the Kirke and defend the same according to their vocation and power . So that seeing this generall Assemblie hath proceeded in their Constitution , Acts , and whole proceedings according to the Discipline of this Kirk of Scotland 1580. and 1590. contained in the second book of Discipline : which in both these yeares were ordained to bee registrate and sworn to by all the Ministers of this Kirk , as the Discipline thereof , and wherein the Civill and Ecclesiasticall jurisdiction are so clearly distinguished in the 1. c. l. 2. as the power of the sword may no wayes stop or impede the power of the keyes : and in the 7. c. the Eldership and Assemblies hath power to execute Ecclesiasticall punishment upon all transgressours and proud contemners of the Kirk : and in the 10. c. the office of the Christian Magistrate is described to assist and maintaine the Discipline of the Kirk , and punish those civilly who will not obey the censures thereof , without confounding alwayes the one jurisdiction with the other : and this order of Ecclesiasticall Discipline , condescended upon in generall Assemblies , as warranted by divine authoritie to be execute notwithstanding any humane inhibition , is set downe before the Psalmes in meeter : and therefore we can never expect that his Majestie , who out of his pious inclination to justice by a late Proclamation 22. September last hath declared and ordained that all His subjects both Ecclesiasticall and Civill shall be lyable to the tryall and censure of generall Assemblie or any other Judicatorie competent , will now stay the execution of the * lawfull and grave sentences of this nationall Kirk , so comfortable to us , and so necessarie for maintaining the puritie of Religion : which his Majestie in the end of the Articles before mentioned hath promised to defend , and His subjects in the profession thereof , which is incompatible with the defence of excommunicate and obstinate persons . But therefore wee are assured that his gracious Majestie will be pleased to allow that reverence and all readie obedience may bee deferred to the whole Acts , Constitutions , and censures of the said generall Assemblie , by all His subiects , who undoubtedly and necessarily are obliged to obedience of all the lawfull commands and injunctions of the mother Kirk if they would bee accounted members or sonnes thereof . By all which * cloud of weightie reasons the warrantablenesse of our just proceedings doth evidently appeare , notwithstanding of all the arguments of challenge adduced against us in the said Proclamation : And therefore for these and many other reasons , Wee the members of this Assemblie , in our owne names , and in the name of the Kirk of Scotland whom we represent , And we Noble-men , Barons , Gentle-men , Ministers , Burgesses , and Commons , before mentioned , do solemnely declare in the presence of the everliving God , and before all men ; and protest a That our thoughts are not guiltie of any thing which is not incumbent to us , as good Christians towards God , and loyall Subiects towards our sacred Soveraigne : And we attest God the Searcher of all hearts , that our intentions and whole proceedings in this present Assemblie have beene and shall continue according to the word of God , the Lawes and constitutions of this Kirk , the Confession of Faith , our nationall Oath , and that measure of light , which God the Father of light hath granted unto us , and that in the sinceritie of our hearts , without any preoccupation or passion . That it was and is most lawfull and necessarie for us to fit still and continue in keeping this present Assemblie indicted by his Majestie , untill after conclusion of all matters it bee dissolved by common consent of all the members thereof , and that for trying judging and censuring all the by-gone evils , and the introductors , and providing a solide course of the continuance of Gods truth in this land with puritie and libertie , according to his word , our Oath and Confession of Faith , and the lawfull constitutions of this Kirk . That this Assemblie is and should bee esteemed and obeyed as a most lawfull , full and free generall Assemblie of this Kingdome , And that all Acts , sentences , constitutions , censures , and proceedings of this Assemblie ( whereof the generall and principall Acts are to bee published , ) are in the selfe , and should bee reputed , obeyed , and observed , by all the subjects of this Kingdome , and members of this Kirke , as the Acts , sentences , constitutions , censures and proceedings of a full and free generall Assemblie of this Kirke of Scotland : And to have all readie execution , under the Ecclesiasticall paines contained or to bee contained therein , and conforme thereto in all points , and such like , that whosoever presumeth to utter any undutifull speech against the same , may be duly censured and condignly punished . We protest that all and everie member of this reformed Kirk efoldly and faithfully joyne and concurre in their severall callings and stations , to advance further and assist the execution and obedience of the whole Acts of this Assemblie , by all meanes which their abilitie can afford , as they affect the advancement of Gods glorie and the work of reformation in this land . We protest against all the challenges and aspersions laid upon us in the said Proclamation , and that our whole answers are not onely true in everie point , but likewise sufficiently forcible to deliver us from all unjust imputations , and to justifie the lawfulnesse and necessitie of our whole proceedings and carriage , which hath beene so unreasonably blamed . Likeas by these presents we summond and cyte all those of his Majesties Councell , or any other , who have procured , consented , subscribed , or ratified this present Proclamation , to bee responsable to his Majestie and three Estates of Parliament , for their counsell given in this matter , so highly importing his Majestie , and the whole Realme ; conforme to the 12. Act. Parl. 2. King James 4. And protest for remead of Law against them and everie one of them . We protest that it is , and may be lawfull unto us to defend and maintaine the Religion , Lawes , and Liberties of this Kingdome , the Kings authoritie in defence thereof , and everie one of us another in that cause , according to our power , vocation , and Covenant , with our best counsell , bodies , lives , meanes , and whole strength , against all persons whomsoever ; and against all externall , and internall invasions , and that in the obedience and observance of the Acts of this Assemblie and nationall mother Kirk . That whatsoever inconvenients shall fall out by impeding , molesting , or staying the observance and obedience due to the Acts , Ordinances and Conclusions of this Assemblie , or execution to follow thereupon , that the same be not imputed unto us , or any of us in our lawfull defence and maintenance thereof , who most ardently desired the concurrence of his Majesties Commissioner to this lawfull Assemblie , and do yet still with humble vehemencie beg his Majesties gracious approbation thereunto , but on the contrarie that the Prelats and their adherents , who have protested , and declined this present Assemblie , in conscience of their owne guiltinesse , not daring abide to any legall tryall , and by their misinformation did move the Commissioner his Grace to depart and discharge this Assemblie , be esteemed , repute and holden ( as they truly are ) the disturbers of the peace , and overthrowers of the liberties of the Kirke , and guiltie of all the evils which shall follow hereupon , and condignly censured according to the greatnesse of their faults and Acts of the Kirke and Realme . Wee protest that none hereafter subscribe the Covenant formerly subscribed by the Commissioner his Grace in Councell , as they will eschew the danger of a contradictorie Oath , but that all & everie one subscribe the Covenant renewed in Februarie last , And that with this sense , meaning , and condition , that they subscribe the same conforme to the determination and declaration of this Assemblie at Glasgow allanerly . We protest that as we adhere till all former Protestations and every one of them made in the name of the Noblemen , Barons , Gentlemen , Ministers , and Commons respectivè for the time , So wee may have his Majesties royall approbation to this present Assemblie , whole Acts and constitutions thereof , and all our proceedings and behaviour in this businesse , which wee assuredly expect from his Majesties imbred pietie , justice , and bountie , notwithstanding the sinistrous , untrue informations , whispered in his Royall yeares in the contrarie . Upon all which Premises and Protestation foresaid ( which is the same with the former made by us at Glasgow , the 29. of November last , but so farre differing as was necessarie for answer to the new additions contained in this Proclamation ; and clearing us of the aspersions wherewith we are changed therein , which we might lawfully do , having protested for this libertie in respect of our surprisall ) one certaine number of all qualities and ranks for themselves , and in name foresaid , asked instruments . This was done in presence of a great confluence of people upon the mercate crosse of Edinburgh the 18. day of December . FINIS . Revised , according to the ordinance of the generall Assemblie , by me Master Archibald Jhonston Clerk thereto . At Edinburgh 8. Jan. 1639. NOt long after this Our Proclamation and their Protestation , Our Commissioner ( seeing all things tending to a present rupture ) begun his journie according to the leave which We had granted him for his returne : After which time , and ever since , they have throughout the whole Kingdome by threatnings made the Acts of their unlawfull Assembly to be received , in many places have perswaded the reception of them by force and armes , have levied souldiers , and imposed taxes upon Our subjects for payment of them , have required of Our Judges or Lords of the Session to approve their Acts , though none of them consented to it , have threatned and menaced them for refusing of it , have raised divers fortifications in Our Kingdome , have blocked up Our Castles and Forts , and now at last forcibly taken Our Castle of Edinburgh , have at home got their Preachers most seditiously and rebelliously to teach Our people , that there is a necessitie of their carrying armes against Us , under paine of perjurie and damnation , have scattered abroad , especially here in England , divers infamous Libels justifying their own wicked and rebellious courses , inciting Our people here to attempt the like rebellion , and to deface Our Ecclesiasticall government . When the contrivers of that wicked Covenant first framed and devised it , and perswaded others who were well perswaded of their pietie , to enter into it , We dare appeale even to their owne consciences whether they did ever make the seduced people acquainted with their intentions of abolishing Episcopall government , & introducing of lay-Elders ▪ which are the onely two things they make the seduced people beleeve they now stand upon : And We do wonder there should be any man found in the world , who can hold it a sufficient warrant for Our subjects to take armes against Us their lawfull Soveraign , because We will not give them leave to abolish some things which stand fully established by Our Lawes and Acts of Parliament of that Kingdome , and to introduce other things which are interdicted and prohibited by the same : But much more have We reason to thinke Our subjects did them no whit beleeve that ( though We should relieve all their grievances , just or pretended , as now We have done ) they should yet be forced to acts of rebellion , and carrying of armes against Us , as now they are . But such hath ever been the constant course of the Heads of all rebellions , to ingage their followers by degrees , to conceale from them their maine and wicked ends , which being at the first discovered , would be abhorred and detested , untill they have gone on so farre in following their Leaders , as afterward they are easily perswaded by them , that there is no hope of pardon left , and so nothing but danger , if they shall offer to retreat : The very same course hath been held in this rebellion for seducing of Our subjects of that Kingdome . The specious pretence used by the contrivers of the Covenant to the people was Religion , but that which was intended by them was a Rebellion , grounded upon the discontents of some few : And the very meanes whereby they have fomented their factious waies , and kept up in Our people a beliefe that they intended onely Religion as they pretended , have been the very same which have been usually practised by other discontented mutiners . But yet We find , that the principall meanes used to foment this Rebellion by the Heads of it , have been these three . First , the seditious prayers and sermons of some Preachers suborned by them for that purpose , who made the people still beleeve , that all they said was Gospel , and they crying up in their Pulpits that Covenant , and most bitterly exclaiming against all opposers of it with the most vile and reproachfull termes they could devise , wrought the people to an incredible good opinion of all that favoured the Covenant , and a bad one of all those who opposed it : So that such things were delivered in their Pulpits , as cannot be related without both shame and horrour . One of them upon Our Commissioners comming home , prayed God to deliver them from all crafty compositions . Another refused to pray in the Church for Sir William Nesbett late Provost of Edinburgh , when hee was lying upon his death-bed , onely because he had not subscribed the Covenant . Another prayed God to scatter them all in Israel , and to divide them in Jacob , who had counselled Us to require the Confession of faith to bee subscribed by Our authoritie . Many Ministers would not admit to the Communion those who had not subscribed their Covenant , but in their exhortation before it , barred them in expresse termes with adulterers , slanderers , and blasphemers , &c. Others would not suffer children to bee baptized in the Churches of those Ministers who were not of the Covenant , though they were their owne Parish Churches , but carried them sometimes many miles to be baptized by Covenanting-Ministers . One preached , That all the Non-subscribers of the Covenant were Atheists ; and so concluded , That all the Lords of Our Councell , and all the Lords of Our Session were such : for none of them had subscribed it . Another preached , That as the wrath of God never was diverted from his people , untill the seven sonnes of Saul were hanged up before the Lord in Gibeon ; so the wrath of God would never depart from that Kingdome , till the twice seven Prelates ( which makes up the number of the Bishops in that Kingdome ) were hanged up before the Lord there ; which is extreme , foule and barbarous . Another preached , That though there were never so many Acts of Parliament against the Covenant , yet it ought to be maintained against them all . Another delivered these words in his Sermon : Let us never give over till we have the King in our power , and then He shall see how good subjects we are . Another in his Sermon delivered this , That the bloudiest and sharpest warre was rather to be endured then the least errour in doctrine or discipline . Another in his Sermon wished , That hee and all the Bishops in that Kingdome were in a bottomlesse boat at sea together ; for he could bee well content to lose his life , so they might lose theirs . Thousands more such beastly , barbarous and profane speeches were delivered by them , not onely in their Pulpits , but in their Sermons : For the Reader must know , that in these times of tumult , where the Churches were not able to containe the great multitudes , they did usually preach in common and profane places , in roomes which are yet in building , and not finished ( intended for Lawyers to plead in ) in the Halls of the Taylors , and other mechanicall tradesmen of Edinburgh , in some private houses , in the Hall of the Colledge of Edinburgh , where one Sunday Rollock being to preach , but finding the crowds of people to be too great for that place , mounted upon the top of a paire of staires which went up to an upper ground , in an open place which was onely covered by the heavens , and from thence preached to a great troupe or multitude , whose breath is the onely aire hee desireth to live in , being shot quite through the head with popularitie . Others preached in the free-Schoole at Edinburgh , where boyes use to play and bee punished . If these speeches , and many as bad or worse then these , and delivered in such places , be fit to perswade the people that their Covenant comes from God , the Reader may easily discerne . The second meanes which they used for blind-folding the eyes of the people , were , their many false reports , which both in their Pulpits and out of their Pulpits they vented amongst the people , which their Leaders knew in their owne consciences to be most false . They gave it out , that We intended to bring in Poperie in all Our Kingdomes , or at least a toleration of it . It was preached that the Service Book was framed at Rome , and brought over by a country-man of theirs ; when they doe know that every Papist by the Popes Bull is prohibited to heare the Service Booke read . Others preached that all England was of their opinion and judgement , and that they had good intelligence from hence , that no man would adhere to Us against them . Another preached that no man would have protested against the generall Assembly but for money , and that none had protested but they who had received some , when they did know that many had protested who had received none . It is true indeed , that some poore Ministers being thrust out of their Benefices by them for adhering to Us , were petitioners to Our Commissioner for relieving the necessities of them and their families ; some of those who were most necessitated , he did a little relieve ; but some of that number were none of the protesters , and many who were protesters were none of that number . It was preached ordinarily in their Pulpits , that neither We nor Our Commissioner in Our name did ever intend to hold the generall Assembly , or if We did hold it , did never intend to performe any thing which We had promised in Our gracious Declaration ; though they now know that We have performed both . Within these few daies some desired the people publiquely in their Pulpits to give thankes to God for that overthrow which the Hollanders had given to the Spanish Fleet before Dunkirke ; assuring their auditours that it was no lesse to be celebrated by them , then their deliverance from the Spanish Invasion in 88. because all that Fleet was prepared at Our charge , for their ruine and subversion : Besides many thousands more such reports and counterfeited letters scattered by them , of which some no doubt were devised by themselves , whereby they kept Our people in that ignorance in which at the very first they had resolved to involve them . Now what a fearfull and terrible thing is it for men in the house of God , and in those places of these houses of God which they call the chaires of truth , to deliver such things as either they doe not know to be true , or doe know to be false ? Besides these dictates of the Ministers , the lay-Elders , since they came to thinke themselves Ecclesiasticall persons ( for so now they doe , and will not be called lay , but ruling-Elders ) they have found new inspirations , and delivered doctrines as like their Divines as may be : one of them We cannot chuse but rehearse . An ancient Knight and a lay-Elder intruded himselfe and his fellowes upon a Presbyterie for chusing the Ministers Commissioners for the Assembly ; and the Ministers of that Presbyterie not being able to keep them out , though they earnestly desired it , fell to intreat these lay-Elders , that if they would needs intrude themselves in their election , they would have a speciall care to chuse the ablest Ministers , and who were most inclined to moderation and peaceable courses , because the Church at this time stood in great need of such Commissioners : The old Knight in great zeale replyed , That whosoever at this time gave his voice to a moderate or peaceable minded Minister , hee was a betrayer of Christ and his cause ; because these times required no luke-warme Commissioners : which barbarous and unchristian speech of his being related by way of complaint to the Tables at Edinburgh , was so far from being censured , as it was approved for a high and heroicall ejaculation . The third meanes whereby they have perverted Our people , and continued them in their disobedience to Us and Our Lawes , have been their strange and damnable positions , whereby they have impoysoned Our subjects ; some whereof We shall now declare unto you . First , What subjects doe of their owne heads is much better then what they doe in obedience to Authoritie ; the one savouring of constraint , but the other being voluntarie and cheerfull obedience . This proposition is delivered in their Protestation , bearing date the 22. of September , 1638. made against Our gracious Declaration ; it is in their fifth reason against the subscription to the Confession of faith urged by Us. A second , The Parliaments power doth no more reach to the placing of Officers originally in the Church , then the Church hath power to make States-men in the Common-wealth . This position is in their answer to Our Commissioners Declaration , concerning Our sense and meaning , in commanding the Confession of faith to bee subscribed : Where they have added the word Originally onely to puzzle the Reader : For certainly their meaning must bee , That the Parliament hath no power for confirming of Officers placed in the Church by the Church it selfe ; for no Act of Parliament in that Kingdome doth make any Officers in the Church originally , but onely ratifieth and confirmeth such as were established by the Church in her generall Assemblies . A third position is this : The Parliament can make no law at all concerning the Church , but onely ratifie what the Church decreeth : and after it hath ratified it , yet if the Assembly of the Church shall prohibit it , and repeale that decree of the Church , all the subjects are discharged from yeelding obedience to the Act of Parliament , which either made any such law , or ratified any such decree of the Church . This position they deliver in their answer to the 5. reasons in the said Declaration ; and would be well weighed . A fourth position is this : The Assembly hath power to discharge all subscription to the confession of faith commanded to be subscribed by Us , and as it is interpreted by Us or Our Commissioner ; so leaving Us no power at all in Ecclesiasticall causes , which all Reformed Churches give their Princes , according to Gods Law. This position is in the same place in their conclusion of their answers to the five reasons . A fifth position is this : The Assembly without Us is the Church , and the onely Judge competent fit to interpret and explaine all doubts arising upon the confession of faith commanded by Us ; which they put in practice , by explicating Our confession of faith against Our owne meaning , and after We had dissolved the assembly . This position is set downe in the beginning of their conclusion after their answers to the five reasons . A sixth position is this : Though the Law be interpreted , yet if it be interpreted in a sense disliked by most of the Kingdome , the body of the Kingdome , for whose good the Law was made , may crave the lawfull redresse of the grievances sustained by that Law. This position is in the fifth of their ten Articles propounded before the indiction of the assembly . A strange position , that they shall crave redresse of a Law , and before a Parliament which onely can redresse it ; and though they call it a craving to redresse it , yet they meane an actuall redressing of it : for they ( before a Parliament was at this time indicted ) have actually done many things against Acts of Parliament , and stand upon their justification that they may lawfully doe so . The seventh position is this : The Assembly is independant , either from King or Parliament in matters Ecclesiasticall . This position is in their Protestation against Our Proclamation of the 18. of December 1638. in their third reason against Our gracious offers delivered into the Assembly by Our Commissioner ; and is a position delivered not onely in the sense , but in the very words of the Jesuites . The other positions following , generally dispersed throughout their Protestations and Pamphlets , are so obvious to any one who hath read them , as the particular cytation of them may bee forborne ; such as are these following . An eight position is : That in all matters determined in an assembly , We are to receive them as the son of the Church , and have no further interest in them , though they be not matters of faith but matters of government , and those concluded by them against Acts of Parliament established by Us and Our three Estates ; nay , though they concerne secular businesse , as making of Salt , and fishing for Salmons on Sundaies , changing of Markets from one day in the weeke to another , and such like : for in their late pretended Assembly they have determined of many such things , as doth appeare by the Index of their Acts. They will not find many Papists who have said so much for the Church of Rome , nor any Jesuites which have said more . A ninth position is this : It is lawfull for subjects to make a Covenant and combination without the King , and to enter into a band of mutuall defence against the King and all persons whatsoever , though by two Acts of Parliament before cyted , all such persons as shall be found either contrivers of , or adherers to any such league , are punishable with death . A tenth position is this : That it is lawfull for themselves sitting in an assembly , to indict a new assembly without Our consent , as they have now indicted a new assembly to bee held in July next ; or out of the assembly when they please , as they professed that now they would have done , if We had not indicted one , though this be directly and expresly against two Acts of Parliament before cyted . An eleventh position is this : If subjects bee called before Us and Our Councell for any misdemeanour , if they who are called doe any way conceive that the matter for which they are called , doth concerne the glory of God , or the good of the Church ( and a wonder it is if any cause can be found which doth not concerne one of these two ) then they may appeale from Us and Our Councell to the next generall Assembly and Parliament ; and in the meane time , before these appeales be either heard or discussed , they may disobey Us and Our Councell , although by an Act of Parliament before cyted , it is expresly made treason : and the Ministers who appealed from Our Royall Father and his Councell , were upon that Act arraigned and found guilty of treason . The twelfth position is this : That when We are intreated to indict a generall Assembly , it is not that there is any need of Our indiction , but rather to doe Us honour , and to beget some countenance to their proceedings ; alledging that the power of indiction is in Us but cumulativè , not privativè , which if We shall refuse , then that power is suppletivè in the collective bodie of the people , as it is alwaies ( say they ) in all other cases , if the Prince shall either neglect or refuse to doe his dutie : Nor are they ashamed to averre , that all Soveraigne authoritie was originally in the collective bodie of the people , by them conferred with their owne consent upon the Prince ; and therefore , if the Prince shall omit to doe his dutie , he either falls from his right , or his right is interrupted , untill he returne to his dutie : but that in the meane time the Soveraigne right and authoritie doth returne to , and remaine with the people , from whom it was at the first derived upon the Prince : A prettie matter it were if Princes Crownes and Soveraignties should depend upon such notionall and pedanticall distinctions , and wonder it is that these men who professe themselves to be the greatest enemies to Poperie in all the World , should borrow the very words and termes of this ridiculous distinction from the Jesuites ; which distinction , if it had ever been used in those primitive and purest Councels of the Church ; all of which were onely called by the Emperours , and in which all matters were ordered and disposed by their Presidents and Deputies , it would have made those Emperours out of love with the Councels and Assemblies of the Church : But they were never robbed of that speciall prerogative of their Crowne untill the Bishops of Rome by their tyrannie and usurpation , and by animating and arming their owne subjects against them , dispossessed them of it : And now We and Our Successors being repossessed of it againe by the Lawes of that Our Kingdome , and the usurpation of the Pope , in that very particular , being by many of Our Acts of Parliament excluded , wonder it is to see these men take upon themselves that usurped and cashiered Papall authoritie . The thirteenth position is this : If We or Our Commissioner sitting in Assembly shall denie Our voice to any thing , which to Us appeareth to bee unjust and repugnant to Our Lawes , yet if that shall be concluded by most voices of the Assembly , that then We are bound jure divino to see all these conclusions made in despight of Us , obeyed by all Our subjects , and by Our authoritie to inforce obedience to these Acts ; and if Our Councellers or Judges shall refuse to do the like , then they shall be lyable to the sentence of Excommunication , and so be deprived not onely of their places , but of their estates : A position to which We suppose they will never gaine the consent of Princes , or Magistrates put in authoritie under them . A fourteenth position is this : An Assembly may abrogate Acts of Parliament , and discharge Our subjects from obedience to them , if they any way reflect upon businesse of the Church ; which We wonder that the Nobilitie , Gentrie , and Burrowes can endure : for as it doth derogate principally from Our authoritie , so doth it proportionably from theirs when they are assembled in Parliament : and indeed it is to be wondred at , how any man that is acquainted with government can endure it : for it destroyeth not onely the nature , but the very name of the high Court of Parliament ; for how can that be called the Highest Court of the Kingdome , if a generall assembly may rescind the acts of it ? And that power which may repeale one act of it may repeale more , nay all acts of it , when it shall bee pleased to exercise that power , and say it is in order to the glory of God and the good of his Church . A fifteenth position is this : The Protestation of subjects against Lawes established , whether it be made coram Judice , or non Judice , before the Judges of the people , or the people themselves who are borne to be judged , doth void all obedience to these Lawes , and dischargeth all the protesters from any obligation to live under them , before ever these Protestations and the validitie of them shall come to be discussed before the competent Judges of them ; nay , although they bee repelled by the Judges before whom they are made : all which ( since these troubles begun in that Kingdome ) have been usually practised by the Covenanters , who having sometimes made Protestations against Our Lawes before Our Councell , sometimes before Our Commissioner , sometimes before the Lords of Our Session who repelled them all , then they made them before the people their owne associates in the publique Market-places , and by that meanes held these Protestations sufficiently admitted , and themselves discharged from obedience to all these Lawes against which they protested , alledging ( perhaps ) that they were unjustly and unduely enacted : which course , if it may be allowed in any Common-wealth , and that Protestations before they be discussed , may discharge subjects from obedience to Lawes , what subject will yeeld obedience to any Law , by which he findeth himselfe pressed or inconvenienced , when the remedie of a Protestation , whether admitted or not admitted , is so readie at hand ? A sixteenth and last position is this ; which indeed is the worst of all : for it is both the mother and nurse of all the rest , and is such a shamefull one , that they have not printed it in terminis ; but it followeth by an unavoidable consequence upon many of their printed positions , as all of them doe follow upon , and flow from it : And the practice of it is so current with them , as it appeareth almost in every one of their particular actions ; And it is thus : A number of men , being the greater part of the Kingdome , because they are the greater , ( and in that sense ( say they ) the more considerable part ) may doe any thing which they themselves doe conceive to be conduceable to the glory of God , and the good of the Church , notwithstanding of any lawes standing in force to the contrarie ; and that this greater part , especially met in a representative assembly , may , without the authoritie of Us , against the expresse commandement of Us and Our Councell , and Our Judges declaration of it to be against the lawes of Our Kingdome , chuse some few Noblemen , Gentlemen , Ministers and Burgesses , who , under the name of Committees or Commissioners from the generall assembly , to bee chosen from assembly to assembly , shall sit and determine of things concerning the Church and State , as if there were neither King , Councell , nor Judge in the land . They complaine of a High Commission erected by Us and Our authoritie , but whether this be not a higher Commission then that , We leave it to every impartiall judgement . They answer for themselves onely this , That they doe it as being put in authoritie by the generall assembly , which is ( say they ) a Court independent from Us , and therefore may erect what Court it will without Us , and may appoint what Commissioners it will to sit for that Court , so they meddle with nothing but Ecclesiasticall businesse : But let the Reader consider how many wicked and insufferable absurdities this their answer carrieth along with it . First , By what authoritie did they doe the same things which they now doe , before the assembly was indicted ? They could not bee then Commissioners from the generall assembly . Next , Who gave the generall assembly power to erect any such Table of Commissioners ? They found themselves aggrieved with the high Cōmission established by Us , upon this ground , that there was no such Court established either by acts of generall assembly or Parliament : And now Wee desire them to shew any act of Parliament giving the assembly power to erect any such Table of Commissioners . Thirdly , in the erection of this Table , they out-doe any thing which yet hath been either said or done by the Jesuites in defence of the Churches authoritie , and the authoritie of her visible Head over Kings and Princes : for they did never yet affirme , that the Ecclesiasticall authoritie could bee exercised but by Ecclesiasticall persons : but these men doe hold , that Noblemen , Gentlemen , and Burgesses may execute this authoritie : But they say , they doe not exercise it as any such lay-men , but as ruling-Elders , and so in the capacitie of Ecclesiasticall persons ; But can there any childe be found who will not laugh at this , if ever he have heard but the common names of Church-men and Lay-men ? Can these two be confounded ? Can the calling of a man by the name of an Elder make him an Ecclesiasticall person , if by his place and calling hee is never to discharge any office of a Church-man ? They have declared it to be unlawfull for Bishops to have voices in Parliament , Councell , or any secular Judicatorie , because these places are incompatible with the places of Ecclesiasticall persons : And shall not lay-persons be as incapable at least to meddle with Divine and Ecclesiasticall businesses ? Or if they shall , then let these Ecclesiasticall Elders renounce their places in Parliament and other secular Courts of justice , and become ruling-Elders onely . Fourthly , they alledge that they meddle onely in Ecclesiasticall causes ; Although it bee unlawfull for them to doe that , yet it were the more tolerable , if they did as they say : but they doe make good what they say , by telling the world what they meane by things Ecclesiasticall , and their meaning they doe expresse in the very termes of the Jesuites ; for by Ecclesiasticall , they meane , as their practice sheweth , any thing which is in ordine ad Ecclesiastica : nay more , in ordine ad Spiritualia , whatsoever may bee thought conducible to the good of the Church , or to any spirituall good , and yet more vastly to the glorie of God ; by which latitude of the word Ecclesiasticall , We would know what they have left without the compasse of their cognisance . Just nothing : For in this sense they may set the price on victuals , they may censure the actions of all men in what kind soever , because Saint Paul biddeth us , Whether we eate or drinke , or whatsoever we doe , doe it all to the glory of God. And truly , from this false and Jesuiticall interpretation of this word Ecclesiasticall , have issued most of all their acts of sedition and rebellion : They have provided armes for Our subjects , they first blocked up all Our Forts & Castles , and since have taken them , stopped Our Officers from carrying victualls or ammunition into them , they have raised Forts , taxed Our subjects , levied souldiers against Us , not onely turned Us out of the possession of Our Castles , but , so farre as in them lies , defeated Our title to them , by declaring that they are not Our Castles but the Kingdomes ; they have incroached upon the undoubted bounds and markes of Our Soveraigntie , by sending warrants to Our Sheriffes for chusing Commissioners for the Shires for the next Parliament ; they have discharged Our own Printer for printing any thing which concerneth these troubles , or may make against them , though commanded by Us and by Our Councell , so that if We have any thing to print there , We must first be a suiter to Jhonston their Clerke for his hand to it , else it cannot passe ; they have injoyned or at least suffered the Preachers of their owne side to pray and preach most bitterly against Us and Our authoritie : those Preachers who continued in their loyaltie towards Us , they have most unjustly against Our lawes deprived of their Benefices , and most unmercifully and unchristianlike exposed them to miserie and beggerie , they have most contemptuously and rebelliously used Our Councellours and Judges : When they are asked , why they doe these things , and by what authoritie they doe them : To the first they answer onely , That they doe them for the good of the Church , and the glorie of God , that Religion may bee preserved , the honour of God maintained , and his glorie increased : Who would thinke that there should bee men found in the world , who call themselves after the name of Christ , and invocate the name of God , and yet dare profane and abuse the names of Religion , God ; and his glorie , and to intitle those glorious names to such lewd actions of treason and rebellion , as can proceed from none but the Devill ? To the second : By what authoritie they doe these things , which are expresly against the Acts of Parliament , Acts of Councell , and Acts of generall Assemblies ? They answer , that these Acts of Assembly were unduely obtained , and that now they have rescinded them . For Acts of Parliament and Acts of Councell , they expresse great wonder and admiration , that any man should question their authoritie over them : For that question they use to answer with another of their owne , viz. Whether any man doth hold Christ or Us to be supreme ? and being answered that Christ is supreme , then they conclude , That they being his Councell must likewise be supreme ; That the Parliament is but the Councell of the Kingdome , That Our Privie Councellours and Judges are but the Councell and Judges of the King ; but that they themselves are the immediate and independent Councellours of , and Judges under Christ , who is the King of all kings and kingdomes ; and that therefore in all causes which they conceive to concerne Christ and his Kingdome , which is his Church , they are supreme and independent , above Us , Our Parliament , Our Councell , Our Judges : And that if Our Councellours or Judges doe not obey their commandements , they will proceed to the sentence of Excommunication against them , and by the same reason ( though as yet they have not said it ) they may proceed against Us with the same sentence : for We acknowledge Christ to bee the supreme King , as much as Our Councellours and Judges doe acknowledge him to be the supreme Lord and Judge . These furious frensies have not been heard of in the world , since the Anabaptists madnesse reigned in Germanie in Charles the fifth his time , which was most strongly and vehemently opposed by the Protestant Princes , who adhered to the Augustan confession , and if Luther and Melancthon , whom God used as the chiefe instruments in reforming the abuses of the Church of Rome , had not shewed themselves in their Sermons , Lectures in the Universities , and publique writings which they published , stout Champions against them , and thereby had drawne all Protestants to detest and persecute them , undoubtedly the Reformation of the Church , falling out to bee about the same time when these Anabaptists raged most in their madnesse , had laboured and suffered extremely under the scandall of their frensies , in the opinion of all those who were attending and looking after the issue of that Reformation : And yet these same fooleries and frensies are daily acted by these who call themselves Commissioners of the Table , and presented to the Readers of their Pamphlets and Protestations , with the titles of irrefragable , undeniable , convincing , unquestionable , Sun-shine truths , and twenty more such false impudent epithets , as one would wonder from whence they fetch the faces that can beare them out in saying so , when the whole Christian World who shall read them , upon the very first view or reading , must discerne that there is not the least step or shadow of truth to be found in them . We confesse We were amazed at , and aggrieved with their horrible impudence , expressed in their last Petition sent unto Us , in which they did invocate the name of God , calling him not onely as a witnesse , but as an approver of their actions ; at their pretended assurance of Our justification of them all , when they undoubtedly know , that We doe abhorre and detest them all as rebellious and treasonable ; at their shamelesse asseveration of their confidence that their neighbour Churches will approve all their proceedings ; that they are affraid they should bee thought to have offended in nothing so much as in lenitie , when they have proceeded to the deposition and excommunication of the Bishops and others their opposers , which is the utmost of that power which ever any Church did yet challenge to it selfe ; and many more such audacious untruths , which after We once heard read , We resolved never to answer , and now doe answer it onely thus , That in the maine points of it there is not one true word : To say nothing of the boldnesse of this petition , which expecteth Our answers in such termes , as it doth not onely seeme to require Our approbation of their wicked proceedings , but almost to command it : and lastly , it is subscribed onely by the hands of the Moderatour and Clerke of the Assembly , as if it were an ordinarie cytation served upon the meanest subject of that Our Kingdome . And besides all these , We would know what Ecclesiasticall assembly , just or pretended , did ever use any coercive power , but that which was Ecclesiasticall , viz. suspension , deprivation , degradation , or excommunication . But this pretended Assembly hath besides all these inforced her acts with armes , and all manner of violence both against the persons and fortunes of such as doe not agree unto them , but continue loyall to Us. BY this time We hope the Reader is well satisfied that We have been from time to time well acquainted with , and rightly informed concerning all the particular passages of these troubles : For since We produce their owne originall foule and blacke acts , and the counsels which We tooke , and courses which We held for meeting with them , and hindering them , so farre as then on the sudden We could , every man will now hold their ordinarie and so often repeated calumnie sufficiently confuted , viz. That all the proceedings and proffers on their parts were quite concealed from Us , That their petitions , remonstrances , and grievances were kept from Us , That We understood no more of the estate of the affaires of that Kingdome , then the malice of their adversaries and bad patriots were pleased to impart unto Us ; That Our Commissioner in his severall journies between Us and them never made Us acquainted with the true state of the businesse , or with their requests and protestations , That he at his severall returnes did do that which he thought fittest to be done , and not what We had commanded him , or that if We did command him , Our commandements were according to the information which hee had given unto Us of their counsells and courses ; which information was never true nor right , but onely such as hee and the Bishops had contrived for mis-informing of Us : All which most wicked calumnies , invented onely to keep Our people unsatisfied , as they are attended with want of truth , so they are accompanied with a most undeserved ingratitude . For We doe professe , that there was no man since the time of these troubles , who hath more zealously stood between Our wrath and them , then Our Commissioner , and who hath more constantly laboured Us to admit any probable construction which might be made of their actions , ever untill such time as they came to that height , that they could neither probably nor possibly receive any good construction ; and yet even then all his perswasions were to pardon and forgivenesse , if they should acknowledge their errours , and with a submissive humilitie returne to Our obedience . And here We must needs justifie all his proceedings with them , as being punctually and exactly ordered and performed according to Our instructions and commandements to him , and condemne their ingratitude to him , not doubting but ere long they will heartily wish that they had some such about Us , who might solicite Us for their peace and pardon so carefully as hee did , so long as hee had any hope of their amendment . The same course which they held with him their owne countrie-man , they held likewise with some of this Kingdome of great place , especially some of the Prelates neere Us , and intrusted with the greatest businesse of this Church and Kingdome : For , during the time of all these troubles , they have likewise slandered them amongst Our subjects of that Kingdome , both for mis-information of Us , and giving Us counsell and advice to shunne all waies of peace ; Whereas We must professe that those Prelates , whom ( in their last seditious and treasonable information to the good Christians of England ) they have traduced for their greatest enemies , & chiefly some of them whom they especially glance at with Our Cōmissioner , have bin their greatest friends , their counsells were alwaies counsells of peace , and their solicitations to Us were vehement and earnest for granting unto them those unexpected and undeserved favours , which We were graciously pleased to bestow upon Our people , published in Our Proclamation at Edinburgh the 22. of September 1638. and afterward made good to them in Our name by Our Commissioner at the Assembly in Glasgow : These Prelates and Our Commissioner advising Us rather to condescend to these particulars , then to be put to the effusion of any drop of Our subjects bloud . But the miserie and misfortune of many of Our well meaning subjects in that Kingdome , hath in all this businesse been this , That they trusted the mis-informations of their Leaders , even in those things of which their Leaders themselves did not beleeve so much as one word : Such were their false reports of Our inclination to Poperie , of Our intentions never to hold an Assembly , although We had indicted it , of Our intention of never performing any thing in that Assembly which We had promised in Our gracious Proclamation of the indiction of it : All which false reports We have since sufficiently confuted by Our commanding the renovation of the subscription of that Confession of faith which cannot subsist with Poperie , by Our indicting a free generall Assembly ( the freedome whereof they quite destroyed by their proceedings both before it and in it ) by Our making good in that Assembly ( such as it was ) all Our gracious promises ; and therefore We cannot now but hope and expect , that all Our good and loyall subjects of that Our ancient and native Kingdome will , by their former experience of the falshood of their Seducers and Leaders , learne to give no trust or credit to their posteriour and new mis-informations , which by their last seditious Pamphlets printed or written , and by many intercepted letters We find to be these three especially , but all of them most notoriously false . First , they goe about to perswade Our good subjects , that We intend an invasion of that Our Kingdome : But they must have a great power over the faith of such as they can make beleeve that a King would invade his owne Kingdome : Invasions made by Princes of other Princes dominions have been usuall ; but for a Prince to invade his owne Kingdome is a prodigious untruth . But they tell Our people that We are coming thither attended with English troupes : We wonder if they should bee affraid of them whom Our people in their Pulpits , and elsewhere , have been made beleeve were all of their owne partie , and would take armes with them in their defence against Us. But the truth is , these English troupes goe along to secure this Our Kingdome of England from invasion by them , which they have so frequently threatned ; and if for the securing of Our person they should offer themselves to bee Our guard wheresoever We goe ; what doe they else but shew themselves to be true and loyall subjects , and lay an obligation on Us to continue in Our breast that full assurance of their loyaltie and fidelitie towards Us , of which We have alwaies by unanswerable demonstrations been fully perswaded ; as also upbraid the disloyaltie of many of Our subjects of that Our native Kingdome , amongst whom they are loath to trust Us without offering their persons to be Our guard ? But these two things We doe desire all Our good subjects of that Kingdome firmly to beleeve : First , We are confident that We shall not much stand in need of English troupes to chastise the Heads of this late Rebellion , as being fully perswaded that Our loyall subjects , who have all this while adhered unto Us ; and Our mis-led subjects , who upon this Our Declaration wil adhere unto Us , but above all the justice of the cause of God and of Us his Anointed , shall be strength enough to bring those principall Rebells to undergoe the tryall of Our Lawes . Next , Wee desire all Our good subjects there , to beleeve that We are so farre from intending any invasion of that Our native Kingdome , as that according to Our dutie and oath taken at Our Coronation , We shall by the grace of God alwaies be ready with Our whole power , estate , and expense of Our bloud ( if the case shall so require ) to defend that Our Kingdome and subjects thereof against all invasions whatsoever . For We doe at this time onely intend to reduce the principall Heads of these tumults to the obedience of Us and Our Lawes , and in case of their Rebellious obstinacie , to bring them to those deserved punishments , which in such cases the Lawes of that Our Kingdome have provided : nor can this either bee called or accounted an invasion , more then the Judges sentencing malefactours to punishment , can bee called an invasion of them . The second mis-information whereby We find the Heads of this Rebellion goe about to keep Our people from returning to Our obedience , is this : They make them beleeve , that since they have not accepted of Our gracious offers made in Our Declaration at Edinburgh the 22. of September last , and made good by Our Commissioner in Our name at the Assembly in Glasgow , that now We will certainly performe none of them : But these wicked mis-reporters speake both according to their owne deserts ( as knowing that their rebellious misdemeanours have indeed deserved no such favour at Our hands ) and likewise , according to their owne desires ( as fearing that if We should make them good , then Our people might and must receive satisfaction thereby ) but they doe not speake according to Our Royall intentions , which are to assure Our subjects , that ( as We have before expressed in Our Preface ) their faults and disloyall courses shall not make Us goe backe from any thing which We have promised in either of those two Our gracious Declarations made at Edinburgh and Glasgow , but that We will performe them all for the securing of all Our good subjects from any further feares of these pretended innovations . The third mis-information whereby the Heads of this Rebellion goe about to continue Our people in disobedience to Us , is this : They would make them beleeve , that if they shall now yeeld , We doe intend to make that Our native Kingdome a Province , and to dispoile them of all their lawes and liberties , and to give them new lawes , as if they were a conquered Kingdome : A most divellish and false suggestion ; for We professe We never harboured any such thought in Our Royall breast , but doe intend by the grace of God to continue that Our native Kingdome in the government of Our lawes , and confirme unto them all their liberties , and when it shall please God to translate Us , to leave the same in charge to Our Successour . These foule but false aspersions being thus wiped off , We are now desirous to remove their grand and maine calumnie , whereby they doe at once endeavour both to disparage Our just , and to justifie their owne most unjust proceedings . They give out that We have no quarrell against them but Religion ; and when they are asked in what points of Religion We will not yeeld to them , they doe not name any one of which they have complained in their Petitions , and which in them they called innovations in Religion ( for they know , that in Our gracious Declarations We have given full satisfaction concerning them ) but they instance in other two particulars : First , Our not admitting the introducing of lay-Elders into their Presbyteries , and that in equall number with the Ministers , and that these lay-Elders shall have voices , and alwaies the casting voice in the election of the Ministers Commissioners from the Presbyteries to the generall Assembly . The second , That We will not give way to the abolishing of Episcopall government . For the former , We professe that We cannot give way to it , it being a course unheard of , not onely in that Church of Scotland , but in any Church in any age : for how can We yeeld that Noblemen , Gentlemen , Commoners shall be made Ecclesiasticall persons , which must needs bring in a confusion of these two , Ecclesiasticall and secular persons , which have alwaies been distinguished ? Next , how can We betray the Ministers of that Kingdome unto perpetuall slaverie ? for if Episcopall government should bee gone ( which they intend ) and the Ministers in their Presbyteries shall be over-swayed by the voices of the lay-Elders , what face of Ecclesiasticall government can remaine , when it shall be quite pulled out of the hands of Ecclesiasticall persons ? And therefore We cannot chuse but account it a great ingratitude in those Ministers who oppose Us , for whose maintenance as We first stood against the laitie , so We are now resolved to stand against them for their libertie . For the second , which is the abolishing of Episcopall government , We professe We cannot yeeld unto it ( though it were not warranted by Apostolicall institution at the first , and since by the perpetuall practice of the Church of Christ in all ages and places , as We hold it is warranted by both : ) First , because it is established in that Kingdome , and hath ever been by Acts of Parliament , and is so now , and hath been for many yeeres by Acts of the generall Assembly . Next , because of the course which they have taken to abolish it , to wit , by an Assembly , holding that an Assembly may abolish Acts of Parliament ; a proposition which must not bee endured in any Monarchie : for then the Convocation in England , or generall Assembly in Scotland , might introduce in either of these Kingdomes , Poperie , and the Popes authoritie if they had a mind to doe so , notwithstanding the Acts of Parliament in both Kingdomes which have ejected them , and which Acts of Parliament were posteriour to the Acts of these Ecclesiasticall Assemblies , and were confirmations of what was passed before in them . Thirdly , We cannot destroy Episcopall government without destroying one of the three Estates of Parliament , which Wee will not doe : but these men in an Ecclesiasticall Assembly , without Our consent , or consent of Parliament , have gone about to destroy the first of the three Estates of Parliament . But say that none of these things were so , yet Wee would be satisfied in this point , Whether Our refusing of the intrusion of lay-Elders , and the extrusion of Episcopall government , can bee to the conscience of any man a sufficient warrant or ground for his taking armes against his lawfull King and Soveraigne ? for now their very Leaders , acknowledging that We have given them satisfaction in the rest , make these two the onely ground of all their armes . And Wee appeale to the consciences of most of Our subjects Covenanters , if , when they entered into that Covenant at the first , they did ever imagine that they should be perswaded to take armes against Us , for these two points of lay-Elders and Episcopall government , if they should receive satisfaction from Us in their other grievances , and feared innovations , as We have before declared . Wee are confident that no such matter was then within the compasse of their thoughts : We then having fully removed those pretended feares which occasioned their Covenant , Wee cannot but hope that Our seduced subjects will returne to their former obedience ; but for their seducers , Wee know that some of them from the very first were resolved never to receive any satisfaction . This grand imposture and calumnie , with the other three , being removed , We will now declare fully and freely to all Our subjects of Our three Kingdomes , and to all forrainers besides , the true and onely causes which doe inforce Us at this time to use force for the repressing of the insolencies of such of Our subjects in that Kingdome as shall stand out against Us ; first protesting that none of the causes before mentioned , suggested by their Leaders , have settled in Us this resolution , but onely these causes which now follow . First , We will never endure that any of Our subjects , nay that all Our subjects ( if they could possibly bee all of one mind ) out of Parliament shall ever abolish or destroy any Act of Parliament , especially not Noblemen and others assembled in an Ecclesiasticall Assembly : for to hold that any Assembly of subjects out of Parliament , or in Parliament without Our consent , may abolish any Act of Parliament , destroyeth the very foundation of government and justice in all Monarchies ; and the doing of it by Ecclesiasticall persons in their Councells and Synods , hath been the cause of infinite calamities and miserable wars and devastation of Kingdomes in the Christian World , since the Pope and his Conclave did usurp that unlawfull and unlimited power ; which , being in that Our Kingdome in all these late troubles practised against the expresse lawes of the same , Wee are resolved to punish , unlesse the offenders betake themselves to Our mercie . Secondly , We are resolved not to endure that any of Our subjects , without Our consent , and the consent of the Parliament , shall destroy any of the three Estates of Parliament ; which they in their late pretended Assembly have gone about to doe . Thirdly , We are resolved not to endure that any generall Assembly shall be called but by Our indiction , according to an expresse Act of Parliament in that case provided ; or that it shall continue after that Wee by Our authority have dissolved it ; and are resolved to punish them who shall doe so , as Our Royall Father punished those who did the like at Aberdene . Fourthly , We are resolved to punish those who have imposed taxes upon Our subjects , levied men or armes , raised any fortifications in that Our Kingdome without Our leave , and first blocked up , and then taken Our Castles and Forts , and by violence dispossessed Our loyall subjects of their houses and castles , detaining them by force ; for all these , by the expresse Lawes of that Our Kingdome , are acts of treason and rebellion . Fifthly , We are resolved not to endure that the Protestations of subjects against Us , Our Councell , Our Judges and Lawes , shall discharge the obedience of the protesters unto these Lawes , unlesse they be admitted before the competent Judges , and legally discussed before them ; the contrarie whereof hath been practised by the Covenanters all the time of these tumults . Sixthly , We are resolved not to endure that Our subjects shall enter into any covenant or band of mutuall defence , without Our leave asked and obtained , it being expresly forbidden by divers Acts of Parliament of that Our Kingdome ; for this hath been , and still is , the ground of all this Rebellion . Seventhly and principally , We are resolved not to endure that any of Our subjects , under the name of a Table , or Committees of the generall Assembly , or under any other name , title or pretence whatsoever , shall sit without Our consent and authoritie , and order businesse of the Church and Kingdome at their pleasure ; and if they shall be called in question for the same by Us , Our Councell , or Judges , shall appeale from Us and them , and refuse to be judged by either , alledging that they will be judged by none but by the generall Assembly , which is Christs owne immediate Councell , and therefore hath no dependencie from , or subordination either to Our Councell or Judges , or Our Parliament , which is the Councell of Our Kingdome , and so that both Church-men and lay-men under Ecclesiasticall names shall exempt themselves from the authoritie of Us and Our Lawes , and the Assembly it selfe shall hold the members of it free from being judged in all matters of Assembly by any but by it selfe ; which by the Lawes of that Our Kingdome is treason , as appeareth by the Act cyted in the bodie of this narration : Now all this hath been practised , and is practised by those which call themselves of the Table . From all which We hope it is evident , that the offences which We resolve to punish in some of Our subjects , doe not concerne Religion : So that the question is not , Whether there shall be a Service Booke , Booke of Canons , high Commission , nay , nor whether there shall be no lay-Elders in Assemblies , or no Episcopall government , ( though We are resolved to reject the one , and retaine the other : ) But the question indeed is neither more nor lesse then this , Whether We and Our Successours shall be any more Kings of that Kingdome : for if these traiterous positions shall bee maintained and made good by force of armes , then We and Our Successours can bee no more Kings there , Our Parliament , Councell , and Judges have no more authoritie there ; So that unlesse We will give over to be King , and so betray and desert that charge wherewith God hath intrusted Us , We must use that power which God hath put in Our hands , and by faire , just and legall waies , to Our great griefe , force them to obedience . These are the true reasons which have forced Us to undertake this journey , and to make use of the armes and aide of Our loyall subjects here , for the securitie of this Kingdome , and safeguard of Our person , as likewise of the armes and aide of Our subjects of that Kingdome for the same purposes . And here first We call God to witnesse what an unwelcome journey this is unto Us , and how unwillingly We doe undertake it . Secondly , We doe professe and protest , that as We ( like God himselfe , whose Vicegerent We are ) have showne Our Selfe all this while slow to anger ; so now like him We shall shew Our selves ready to forgive , upon the repentance of such of Our subjects as have been mis-led , their deserting the Heads of their Rebellion , and returning to Our obedience . Thirdly , that We intend to use no armes against that Our Kingdome , but onely against some Rebells in it , for their apprehension and bringing them to justice . Fourthly , that such even of those who shall be apprehended , shall have their faire and legall tryalls according to the Lawes of that Our Kingdome , without the denyall of the least favour which can be allowed them by the course of justice , if they will offer and submit their persons to a legall tryall . Fifthly , that all Our subjects of that Kingdome ▪ who shall now adhere unto Us , shall be protected and defended by Us in their persons and fortunes , with the uttermost of Our power : For We professe that We doe not hold it a nationall defection , but a revolt of some Rebells , who have mis-led a great many of the rest , We having a great many subjects of all rankes in that Our Kingdome , who for their constancie in their loyaltie and fidelitie towards Us , shall justly expect both protection and reward from Us. Sixthly , that whosoever shall goe about to make any of Our subjects beleeve that this is a nationall quarrell between these two ancient Kingdomes , both now being under Our government , shall be punished as a disturber of the peace of both : and therefore We exhort and require all Our subjects of both Kingdomes , who shall accompanie Us in this journey , to live and converse peaceably and lovingly , whereby as they shall doe Us most singular and acceptable service , so they shall notably disappoint the Heads of that Rebellion , who now labour no point so much as this , to make Our subjects of that Kingdome beleeve , that this journey of Ours bringeth along with it a nationall invasion ; and if Our subjects of both nations shall keep that friendly and loving correspondence in their attendance upon Us in this journey , We doe not doubt but it will be a meanes to tye them in a stronger band of love for ever hereafter , when Our Scotish subjects shall here see the alacritie and forwardnesse of the English , and the English shall there perceive the alacritie and forwardnesse of the Scotish , both of them meeting in this point and center , viz. the defence of Our person , and of Our Royall Crowne and Dignitie . To conclude : As We have found the aide and assistance of Our loving subjects here towards this journey , so We doe heartily desire their prayers all the time of Our absence for a good successe unto it , and that if it be possible We may returne with peace , and without the effusion of any drop of Our subjects bloud : And We doe require all Our good subjects of that Our Kingdome of Scotland , especially the Ministers who should bee the messengers of peace , to frame and settle Our subjects minds to the courses and waies of peace , and to lead them on in the way of returning to Our obedience , who doth resolve to maintaine them in the Religion now established amongst them , that so We be not forced to draw Our sword of justice against any of them , which in case of their obstinacie how unwillingly We shall doe , We call the King of kings to witnesse : But if nothing else will serve it must be , and their bloud will rest upon their owne heads . FINIS . Imprinted by ROBERT YOUNG , His Majesties Printer for Scotland . Anno 1639. The High & mighty Monarch Charles by the grace of God King of Great Brittaine France & Ireland Defender of the Faith. Notes, typically marginal, from the original text Notes for div A68707-e60 * Observe that the children as well as the rest considered this . * And yet these blessed Reformers of Religion in England were the very same men who compiled the English Service Book , which the Covenanters have printed and preached to be stuffed full of Idolatrie , superstition , and poperie . * It is not so : for the Councell never promised that the Bishops should be removed from the Table , but onely that they would make Us acquainted with their Petition . * Is it not rather an offence to God , to thrust men out of their places before they be tried ? * And yet afterward , in their last instructions they injoyned the severall Commissioners to bring Assessors with them , who were to have no voyce in the Assemblie . * The contrarie is most true . * Our Commissioner never heard any argument to that purpose which could convince a child . * Our Commissioner never accepted of it , nor conceived it could give satisfaction to any . * It doth most evidently tend to the dishonour of God. * We desire the Reader to observe , that they were affraid of being overthrown in a free generall Assembly , and therefore they tooke a course by these private instructions to prevent all freedome in the Assembly , and to make sure that none should be chosen a member of it , but such of whom they were sure . Intolerable presumption Most false . * Which offices were in the Church of Christ long before Popery was known or heard of in the world . * A pretty act , that We must print nothing concerning Ecclesiasticall policie and government , unlesse Johnston will give Us leave . * A most traiterous act , for the very terms and words of it containe high treason . * This Blair is he who was expelled the Universitie of Glasgow by the Professors there , many yeares since , for teaching his Scholars , in his Lectures upon Aristotle , that Monarchicall government was unlawfull . Now for this man to be made by them Professor of Divinitie in the prime Universitie of that Our kingdome , whether We can or ought to endure it , We leave to the Reader to judge . 〈…〉 * There is no divine commandement in Scripture , nor example of the Christian Church for ●●bscri●ing any confession without the consent of the supreame Magistrate if he be a Christian. Foure generall considerations of the Declaration . * The Lords of Councell did take and were to take this oath as well as any other in the knowne sense of us who commanded it , and therefore any Act of Councell for their explanation was unnecessary , and it is unjustly affirmed that this Declaration or explanation was made by Our Commissioner , for it was made by Vs , but published by him at Our Commandement , as is plainly expressed in the title of it . * But when shall they bee proved to bee contrarie to the word of God ? * They themselves doe know that this Confession was not framed at first by the Church as the positive Confession was , but by one Master Iohn Crage , and commanded by the Authoritie of our Royall Father , hee did advise with the Church concerning it , but they received it from him , not he from them . * That the supreame Magistrate should as the Sonne of the Church onely receive the meaning of the Church , and cause it to bee received by his subjects , is not only the Jesuiticall tenet , but their very words and syllables , and as they are alledged here very false , for the greatest part of this confession conteyneth not matters of faith , but of government , discipline and ceremonies : besides this confession was first injoyned by Our Royall Father and his Councell before it was approved by the Church : how then Our Royall father , if hee were now living , should receive the meaning of it from the Church after hee had subscribed it , and commaunded his houshould to doe so ; or we should now receive the meaning of it from the generall Assembly after it was subscribed by Our commaundement , wee cannot apprehend . * Nay the first should be preferred : for if our Commissioner and Councell had explained it contrarie to Our meaning , Our declaration comming after should be preferred to their misinterpretation . Answer to the first reason . * The last part of the first reason is quite omitted , though in it lyeth the principall explicatiō of this first reason . * How many of them have determined so ? they know that they are not cōparable in number to those who have determined the contrarie . * Most false . Answer to the second reason . * Because in the XXI . Article cited , the word Ceremonie is used , therefore they would inferre that this reason supposeth Episcopall government to be but a ceremonie : But weakly , for the reason consisteth in the word policie which they take no notice of , and Episcopall government being a part of Ecclesiasticall policie , they hold the one alterable , ( as all they doe who adhere to that XXI . article ) must needs hold the other so too : nor can it be inferred from any thing in this reason that Episcopall government is mainteyned by it to be alterable , but that they themselves , and that XXI . article doe hold it to be so . * The Assembly desired it , but did ever Our Royall Father doe so ? Answer to the third reason . * We defie any man living to produce from any Jesuit or the greatest patron of equivocation yet ever heard of , such a wicked position as this , that the swearer is neither bound to the meaning of the exacter of the oath , nor to his own meaning who takes the oath , but to the realitie of the thing sworne , as it shall be afterward explicated by the competent Judge : For then no man can tell what he sweareth , when he sweareth ; if the declaration of the competent Judge shall come after , it were to be wished that he who set downe this proposition , had set his hand to it , that the world might take notice of him for an ignorant foole and an arrand knave : In the meane time , till Iohnston finde out another , he must be taken for the man , because his hand is at this foolish Pamphlet . Answer to the fourth reason . * This is directly contrary to the words of their owne protestation against Our Proclamation , dated the ninth of September : see their ninth Reason in that Protestation against the subscription to our Covenant , and you shall finde it flatly contradictory to this which they affirme now . * They doe not meddle with the Church of England , but yet in all their Writings declare that the government of the Church of England is against the Word of God ; and the paterne shewed in the Mount : and that their new fancied government , conteined in their imaginarie books of discipline , is onely according unto it . Answer to the fifth reason . * But it is most notorious that at those Parliaments which were holden when the confession of faith was first sworne unto , Bishops had voyces and were present , and so then Episcopall government could not be abjured , for proofe whereof We refer the reader to the Parliament Roll inserted at the end of this answer . * Let any kingdome which is acquainted with Parliaments consisting of a Monarche and his three estates , digest this proposition , and then the Parliament can be no more the highest Court of the Kingdome . * A most false position : As if the convocation in England , or the generall Assembly in Scotland had power to reconcile the two kingdomes to the Church of Rome , to reduce Poperie into them , and to restore to the Church all the Abbey lands , notwithstanding many Acts of Parliaments in both kingdomes to the contrary . Conclusion . Anent acts of Parliament . * For the cavils here made against the Acts of Parliament , cited in the explanation , they will be sufficiently confuted , if the reader will take the paines to reade the acts ; for then he shall easily discover that these exceptions are not only weak , but none at all . Answer to the acts 1567. Anent the sixth act 1567 Anent the Kings oath . Anent the acts 1572. & 1573. Anent the acts 1578. & 1579 Anent the act 1581. Anent the act 1584. and the third Estate of Parliament . Anent the act 1587. Anent the act 1592. Anent the acts 1597. Anent the act 1606. Anent the act 1609. Anent the act 1617. Conclusion . * False : for there was not , after Our Commissioners leaving of the Assemblie , any one Commissioner from any Universitie of that Kingdome , which did not desert it . * False . * More false then the other , if it were possible . * False , and sufficiently before disproved * It is a wonder that men can be found who dare averre such an untruth , when the Proclamation at Glasgow is subscribed by the hands of our Councellours : let the Reader turne back to it and be judge . Anent our Protestation . Anent our watching the Castle of Edinburgh . * They confesse it within eight lines after this . * True : but We , and Our Councell , and Our Judges , and the rest of Our loyall subjects are the publike ; mutiners and rebels are but a private and schismaticall part , though never so many . * But not without or against the Kings command ; his Generall ( much lesse any Lievtenant of his ) cannot do that . * All this which followeth , concerning the guarding of Our Castles and Forts , and keeping Us out of them , containeth no lesse then treason , and is not to be answered with a pen. * Which the Covenanters are not . * Whether should the King or his subjects keep the keyes of his owne Kingdome ? * But the Covenanters are the worst part . * Wee do not take them to be such fooles as to expect thanks from Us for their proceedings ; if they do , they are like enough to go without them . * The worst and most disloyall part of all Our subjects . * In what historie be these words ? is it not Regi as well as conventui ordinum ? or can there bee a convention of the three Estates called without the King or his Authoritie ? Anent our meeting and alledged Councell Tables . * Many letters have been sent ▪ down from Commissioners of Shires then resident at Edinburgh to them living in the Countrie , requiring them to doe such things , as they would answer the contrary to the Table . † But was ever that previous meeting or contention of the Estates without the calling and authoritie of the King ? * Most false . Anent some members of the Assembly alledged to be under censure . * Who have made the Covenanters Judges of the lawfulnesse either of the judicatorie or the cause ? especially , what an intolerable presumption is it in them to judge Our judicatories in Ireland ? † But they know that many members of that Assembly were denounced Our rebells , and put to Our Horne , long before Our Assembly was thought on . Anent the alledged instruments sent from the Tables . * Not from their publick meetings ( for they durst not for feare it should be known ) but from a cabinet meeting , consisting of them who led the rest by the nose , & whose names We know , and shal be knowne to all in due time † If it be forged , it is forged by none but Covenanters , who from many severall shires in the kingdome did send copies of the same written in the same words to Our Commissioner and others , and yet those Covenanters did not know one of anothers sending . * There was no man in the Assembly who offered any such oath as is here alledged . Wee doubt not but there were many members of the Assembly who might have taken that oath safely , because they were indeed never acquainted with these papers ; but Our Commissioner ( if he had beene put to it by the Assembly ) could have named many , especially some of the Nobilitie , Gentrie , and Ministers , who could not have taken that oath without perjurie ; and since it is now denyed ; they shal be named in due time and place . * First , this ( nor the eighth ) was not published in their publicke instructions ( for it would have offended many Covenanters who were both Chapter-men and Chappel-men ) and therefore they acknowledging it to be one of their instructions , must needs confesse it to be amongst their private ones . But a wonder it is that men should not be ashamed to avow in print this their false and partiall dealing ; for this instruction concerning Chapter-men and Chappel-men was only given to barre some moderate covenanting Ministers from being chosen Commissioners ; for , notwithstanding this instruction , Master Ramsey , who both was one of the Chapter of Edinburgh , and Subdeane of Our Chappell , and Rollock , who was Prebend of the same Chapter , and one of our Chaplains , who duely preached his turnes in Our Chappell , and some others , fierce and fiery revolted Chaptermen and Chappel-men , were chosen Commissioners , though the reason here expressed was as strong against them as against the rest . Anent our going to Glasgow with alledged numbers and weapons . * Most false . Anent our refusall of Assessors , and of the Bishops Declinator . † It is a bold and impudent speech to affirm that Our royall Father kept unlawfull Assemblies , especially when some of them are confirmed by Parliament . Anent his Majesties declaration wherein it is not satisfactorie . * God never put it in their hands , but the Devill , who is the author of all sedition and rebellion . * But never without the authoritie of Us and Our Successours . † The confession of faith and band annexed , upon which their covenant is grounded , were injoyned at the first only by the authoritie of Our royall Father and his Councell , and so these Books were commanded by as good Authoritie as those . * It may not ; and the holding of the contrary is a false and Jesuiticall position . * A fearefull proposition in deed it is , to hold Episcopall government to be an uncontroverted government , which hath continued in the Church ever since the time of Christ and his Apostles , without the least suspicion of controversie until within these few yeeres . * But they do not declare all the truth ; for of twenty Lords of the Session , onely foure did it , but the rest who were present did the contrary . Anent Episcopall government , and the other generall reasons . * The reasons contained in that Act are infallibly false . Anent his Graces intention to returne . * Most false . Anent our sitting still after the Commissioners discharge . * That Assembly is but one instance and a very reprovable one . The Ministers of the pretended Assembly at Aberdene did the same , and were most severely punished for it . Anent our cytation of Councellours . Anent the injunctions and Proclamation , and our answer thereunto . a They should do well to try if they can answer it , and the Queries of Aberdene better ; for the common opinion is , that neither of them yet are answered at all . b All these texts of Scripture are prophaned and abused ; for no such thing can either possibly or probably be inferred from them . * It is well that they will cite the Pope his Law whom they call Antichrist ; for when any thing is objected against them out of the Canon Law , it is usuall with them to reject that as Popish and Anti-christian . † Nay , but the pretended Assembly hath erected a Popedome , and for their authority goe upon the same grounds , and use the very same arguments , and abuse the very same places of Scripture which the Pope and the learnedst Patrons of the Pope doe for robbing of Princes of their Authority over all Ecclesiasticall persons , and causes in their severall Dominions : The words which next follow are meere babling . * By the greatest , but the worst part of the Kingdome . * The sentences of this pretended Assembly were most unlawfull , light , and mad sentences . * It seemes indeed that these reasons are wrapped up in a cloud , for both they are so dark as they cannot be discerned , and they doe portend a storme , but have no weight in them at all . a These particular Protestations are the very same formerly made by them , and so often repeated even unto tediousnesse ; and therefore the Reader needeth not to be troubled any more with them . 
B04437	----	On the death of the most sadly, ever to be deplored, most illustrious, Right Honourable, James Lord Marquess of Montrose, &c. Funeral elegie. Murray, Mungo, 17th cent. 1684 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B04437 Wing M3111 ESTC R180802 52528859 ocm 52528859 178841 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04437) Transcribed from: (Early English Books Online ; image set 178841) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2772:17) On the death of the most sadly, ever to be deplored, most illustrious, Right Honourable, James Lord Marquess of Montrose, &c. Funeral elegie. Murray, Mungo, 17th cent. 1 sheet ([1] p.) s.n., [Edinburgh? : 1684] Caption title. Imprint suggested by Wing. Text signed at end: M. M. Text printed in two columns, within thick black frames. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Montrose, James Graham, -- Marquis of, 1612-1650 -- Poetry. Scotland -- History -- 1649-1660 -- Poetry. Broadsides -- Scotland -- 17th century. 2008-04 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion On the Death of the most sadly , ever to be deplored , Most Illustrious , Right Honourable , JAMES LORD MARQUESS of MONTROSE , &c. Funeral Elegie . TOgether Rendevouz , you Watry Clouds , Distill your selves into Tears bitter Flouds ; A new Deluge , whereby you may Compose To weep the Death of th'Marquess of Montrose : Death , Death , I 'll not dyve in Thy Origine , Let Divines judge , how Thou at first came in : Vagrant , Ubiquiter , through th' world does roam ; Yet in each House , still present is at Home : Though Uncreated , Lifeless , yet to Thee , The Lord of Life , on Cross did yielder be ; Though Thou the Wages be of Sin , 't is strange On th' innocent Thy Wrath should bear revenge ; In Sickness-Bed , has stoll'n upon that Heart , In Field with Sword could have out-dar'd Thy Dart : The Mount has Levell'd , where the Rose did grow , From Foes Wound-wrinkles kept old Albions Brow , Which brings all Flow'rs within our Paradise Into a mourning withered sad disguise ; A dismal loss unto the Age does bring Long before Summer , plucked in the Spring ; The Royal-Thistle causing to be sad To see His Darling Rose so soon to fade , Whose Fragrancy did please the Lyons Scent , His Guardian , for whom life would have spent ; For whom our lower Ranks of Subjects Groans , The highers ears fills with unwonted Moans ; Princes and Peers together seem to strive For Thee , the deepest sorrow to contrive : A general grief does all the Land ov'rspread , It 's Love and Joy , with Death's dark Vail is clade , By Albany ought never be forgot , Crowns-Royal-Line endeavour'd to promote : When that in War ingaged was gainst France , In England did a Scottish : Troop advance : Most quick Ingine , with Arms and Arts acquaint , To Camp and Colledge was an Ornament ; In Van led Royal-Guard with such a Grace , Rais'd Courage in each Guarders Breast and Face ; In Cathredal desir'd the Miter shine As well as Wars , observ'd Church-Discipline : Natures choise Jewel of Nobilitie , Enliv'd , and honour'd Magnanimitie , On State-Stage early flourishing aspir'd , Young Matchivilian , by the old admir'd , In Council known , a perfect sober Wit , Betimes call'd thereto , CHARLES thought requisite : Keep'd secresie as Clam-shels Closs Entire , Councils designs to know , defi'd the Air : Both Prudence and true Gallantrie maintain'd , The ways of Emulation much disdain'd , Th' Elixar of all high-born Eminence , Fraught with both Heaven and Earths Intelligence , In either , no thing is but Thou did know ; The Center of all Worthiness did show , This in a quiet way , did make appear ; Scorn'd of a Victims Sacrifice to hear . On Self-opiniators could not look , Resolv'd with Reason what Thou undertook . For Countreys publick Safety , ever stood ; Did before Greatness , study to be Good : Plots and Conspiracies abhorred so , Was to Rebellion a most severe Foe . As Thy Grandsire this Character did Merit , A Loyal-subject of Casarean Spirit : His Valour had , that razed Adrians Wall , Broke Abercorns ; Severus Pride made fall . Chief of Grames Name , who alwayes have been great , Has seventy one Kings Serv'd in War and State ; Has Thirteen hundred twenty seven years stood ; With whom King Fergus-Second , Match'd in Blood : To Royaltie may say , Truth to discover . To King Eugenius-Second Bred Queen-Mother . Thy Jovial House , turns now the House of Woe , No Heart of Stone unbroke , can therein go : Alace to see thy Lady Marquess state , Heartless become , by this sad Stroke of Fate , With her young Marquess sits , whose doleful Crys , With Her to Joyn , moves all our Sphears and Skies ; Bereav'd of Her dear Lord , t'wixt whom was Love , That Imitate Heavens Hierarchie above . Ah! ah ! young Marquess in Thy Bud , to see Of Thy Paternal-root , Robed to be ; By which Thy Name and House Enervat are , Of Chief and Master , of both who had Care : Chronologizers Theam t' inlarge long Story , The Soul of Virtue now is gone to Glory . M. M. 
B04438	----	To the right honourable James Earl of Perth, Lord Drummond, and Stob-hall, &c. Lord High Chancellour of his Majesties most ancient kingdom of Scotland. The congratulatory welcome of an obliged quill. Murray, Mungo, 17th cent. 1685 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B04438 Wing M3112 ESTC R180803 52528860 ocm 52528860 178842 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04438) Transcribed from: (Early English Books Online ; image set 178842) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2772:18) To the right honourable James Earl of Perth, Lord Drummond, and Stob-hall, &c. Lord High Chancellour of his Majesties most ancient kingdom of Scotland. The congratulatory welcome of an obliged quill. Murray, Mungo, 17th cent. 1 sheet ([1] p.) s.n., [Edinburgh? : 1685?] In verse. Caption title. Imprint suggested by Wing. Text signed: M.M. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Perth, James Drummond, -- Earl of, 1648-1716 -- Poetry. Scotland -- History -- 1660-1688 -- Poetry. Broadsides -- Scotland -- 17th century. 2008-04 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 John Pas Sampled and proofread 2008-06 John Pas Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion TO THE RIGHT HONOURABLE JAMES EARL OF PERTH Lord DRUMMOND , and Stoh-hall , &c. Lord High Chancellour of HIS MAJESTIES most Ancient Kingdom of SCOTLAND . The Congratulatory Welcome of an Obliged Quill . SInce that the Muses , breathed first on Earth , Had ne're more Noble Worthy Theme then Perth ; High Chanc'llour of old Albion , plac'd and made , Which brings all Ranks of Subjects to be glade , You welcoming , with Soul Alacratie , Next unto Royal CHARLES , and Albanie ; Whose well deservings did them Animate , Should to the office be Commissionate ; The fulfill'd wishes , of both Low and High , Triumphingly to day , do signifie : By Clement smyls ; else putting all in Hope , Impartial Justice , ev'rie Hand shall Grope . Silence the Tongues will , that cry out for Wars ; Will pacifie Whiggish Intestine-Jars : To Grivances a Soveraign Medicine , Rebellion and base Tumu●s will hedge in ; In High-Lands has already setled Peace , None needs to fear a Thieving Robbers face ; To Low-Lands like shall be , by Thee obtain'd , Conventiclers shall no resetting find : None shall Aarons sacrifice gain stand ; The Priest-Hood at the Altar shall Command ; As Moses will our Israel govern , No Byass shall the Sanhadrim discern : In Solmons wit , and policie well known , Kings Yours , and Contry's safety will be one : Our Rights and Liberties will settle so , That none before Thee ever did outgo : The Errors of our Laws will rectifie , And to them add what necessarie be ; Dangers fore-sees , skill'd Pilote can Evite , Those Rocks and Shelves , on which have others split : Drea'd CHARLES His Wain in the straight Course will Guide , To State-distempers , will a Cure provide ; The Nations needs , will furnish and supplie ; Will Ease those think they under burden lye ; For great designs , in Council is most found , With Goodness and with Mercy does abound : Plenty shall on our Barren Mountains spring , In Valleys Vertue shall have flourishing : The Hearts of Peers in whom united are , Mongst them shall no Incendarie appear : Superlative in Learning and in Arts , To Suit Thy place , Endowments has and parts ; Caesarean-Spirit , scorns the Egiptian Treate , A Conquer'd Foe , to have disastrous Fate ; Scotlands Affairs , and all the Worlds beside ; Has by Your study in the furnace try'd : Frae whom shall Legislators , Dictats draw , How Monarchs should make subjects stand in Awe ; Rejoyce unto both Sol , and Cynthia that Our Jove has Neptuns Waves so Estimate ; Good Reason why , To Stob-Halls House look in ? Eight Kings , one Queen , from thence have Crowned been : Fames Familie , car'd never to be great , Yet in both Peace and War serv'd King and State ; With Fortune , and with Lives , in such away , From Loyaltie were never found Astray . My Lord , when dieving in Your Soaring Praise , Sees You the Dazling-Glory of our Skies ; Truth telling of Your welcome , all may say , T is as Sun is , to an Ecclipsed Day : This You may Judge , in Grandour for to see , Your Convoy and Reception so to be . Comfort , and Bliss , will prove unto this Sphere , Of which You 'l have sure a Paternal Care. M. M. 
B04439	----	To the most illustrious, John, Earle of Lauderdale, &c. His Majesties High Commissioner for the kingdom of Scotland, His Grace, a congratulatory welcome of an heart-well-wishing quill: hecatombe. Murray, Mungo, 17th cent. 1670 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B04439 Wing M3113 ESTC R180804 52528861 ocm 52528861 178843 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04439) Transcribed from: (Early English Books Online ; image set 178843) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2772:19) To the most illustrious, John, Earle of Lauderdale, &c. His Majesties High Commissioner for the kingdom of Scotland, His Grace, a congratulatory welcome of an heart-well-wishing quill: hecatombe. Murray, Mungo, 17th cent. 1 sheet ([1] p.) s.n., [Edinburgh? : 1670?] In verse. Caption title. Imprint suggested by Wing. End of text signed: M. M. Text printed in two columns. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Lauderdale, John Maitland, -- Duke of, 1616-1682 -- Poetry. Scotland -- History -- 1660-1688 -- Poetry. Broadsides -- Scotland -- 17th century. 2008-04 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion TO THE MOST ILLUSTRIOUS , JOHN Earle of Lauderdale , &c. His Majesties High Commissioner for the Kingdom of SCOTLAND , HIS GRACE , A Congratulatory welcome of an Heart-well-wishing Quill : HECATOMBE . AWake , dull Muses , from Lethargick Trance ; Apollo calls , in Raptures to advance . Each Quill hath freedom ; now is time or never The Treas'rie of Invention to discover . All Hopes are frustrate of Rebellions Band , Now manacl'd , in blood can no more stand . The venom'd , waspish , mutinous Tongues are known ; 'T will fruitless prove the language such have shown : Enigma Ridling-Satyrs , upon Stage , Self-ruine does to th' Authors but presage : As Night - Owls dare in Day not show their faces , Repining State-Moths would destroy all Peaces . Behold ! behold ! comes th' Atlas of Our Crown , ( Its Good , and Kingdoms Shield ) foes to pull down : His PRINCES Thoughts , Wishes , Desires ( exprest ) Seal'd's in a Loyal Secretaries Brest : Nay more , His Royal Heart He doth present , To signifie His Love to Parliament . What male-contented spirit can he be , Thee does not welcome with alacritie ! While others sleep'd , Thy Contemplation wak'd , Fearing Thy Countreys glory should be shak'd By Circumveening Councels of strange Foes , Whose Vigilance all Machiavils outgoes . No Native , sure , can Thy Intents mistrust ; Prov'd , by Experience , all along , Most just : 'Twixt KING and Subject , betwixt Church and State , Impartiall Vmpire , reconciles Debate . In Albions wildest , and remotest Ground , Makes Concord flourish , and in Fruits abound : A Soveraign Balm , ( Men judging now supposes ) Will cure all Jars 'twixt Thistle and the Roses ; Yea , link Them fast into a Gordian-Knot , And make Amneste by-past wrongs out-blot : So by the Couching Lions 't will be vaunted , The Rampant's Courage makes Them now undaunted : Then who dares touch the Rose to do it harm ! Will find the Thistle a defensive Arm : Whose Pricking Valour , Fatal Chair , and Crown , A Birth-right pleads : no Nation like can owne . But who will judge who hes the prior Seat ? ' Gain when Renuptiat's Britains divorc'd State : Thy Countries Honour late hath so preferr'd , ( Unvoyc'd ) Her Case may to Thee be referr'd : Her dearest Son of Merit , 'bove whose Head The Garlands of Her Throne ne're withered ; Whose Fragrant Leaves to Scepter will , by Thee , As Verdent looks , as when first pull'd from Tree : Strong , Stately Twist , does keep unrent asunder Th' unconquer'd Ophir Closs - Crown , ( Ages Wonder ) Whose Priviledges Thy foreseeing Wit And Martiall Prudence makes in safety sit . But mark ! the Voice of Caesar's great Command , Hes measur'd Britain with His Mighty Hand , Surrounded with the Ocean ( as a Wall Of Brass ) whose force the World can not make fall : Without partition , th' undivided Center , Heav'ns Sey-piece of Creations first adventure : Free from the Evah-bondage of that Tree , Tempt'd Mans Free-Will to infelicitie : Where Providence hath fix'd Her ruling Hand , Under one Head makes Britains Body stand ; Whileas of old upon Her shoulders stood Numbers of Kings , thirsting each others blood : Composed now in one fit Monarchie , Of Head and Members Glorious to see . May His Great World-terr'fying work go on , That Kings may become subjects to His Throne ; Perplex'd too long , by sad Intestine Broyls , Which might have Conquer'd all resisting soyls . O how in fear each Forrain State may stand , Left Britains unknown strength shall Them Command , Thral'd in past Ages , ne're to light could come , Hid as twinn'd-Children wrestling in one womb ; The Mothers Bowels oft have almost burst , Striving who should the other first out-thrust : Whose succinct Laws ( made from Corruption free ) To Athens Schools will prove the Librarie ; Nay , 't will be found , Lacedemoneas Court Of Students , will to Britains Coasts resort : Then by a common Freedome in This Union , Her Natives may Traffique in each Dominion VVith Canvass wing'd , beyond the Lyne may flie , And make our Britain Europs Emporie : So may Thy splendor unto our Horizon The Scepter sway , and Royall power Blazon : Calm stormy Clouds , dispell our Babel Tongues , Compesce Sedition and imagind wrongs : Let Britain become in one State Pollitick , And that Her Church be Scriptures Apostolick , That others may to Her Conformists be , Purg'd from th' impostumes of black Heresie : Thus hence our Law , Religion , and Commerce , Be one , and free throughout the Universe : Then Happy Thou This Union if prove wrought , VVhich former Tymes ne're to perfection brought ; A future blessing to Thy Monarchs Line , Succesfull Heir t'an Hundred Kings and nine . Heav'ns second Thee to Better CHARLES His Waine , Our Boreas Pole , for it THE ONLIE MAN. M. M. * ⁎ * Notes, typically marginal, from the original text Notes for div B04439-e10 JOHN MET●L●N Anag : THE ONLIE MAN. 
B04470	----	The speech of a fyfe laird, newly come from grave [sic]. P. M. 1680 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B04470 Wing M66B ESTC R180227 53299194 ocm 53299194 179936 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04470) Transcribed from: (Early English Books Online ; image set 179936) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2808:41) The speech of a fyfe laird, newly come from grave [sic]. P. M. 1 sheet ([1] p.) s.n., [Scotland : c. 1680] Text in black letter. Signed at end: P. M. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- 1660-1688 -- Poetry -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-04 TCP Assigned for keying and markup 2008-10 SPi Global Keyed and coded from ProQuest page images 2008-12 Megan Marion Sampled and proofread 2008-12 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion THE SPEECH OF A FYFE LAIRD ; NEWLY COME FROM GRAVE . WHat accident , what strange mishap , Awakes me from my heavenly nap ? What sprit ? what God-head by the lave , Hath rais'd my Body from the Grave ? It is an hundred years almost , Since I was buried in the dust : And now I think that I am living , Or else , but doubt , my brains are raving : Yet do I feel ( while as I study ) The faculties of all my Body : I taste , I smel , I touch , I hear , I find my sight exceeding clear : Then I 'm alive , yea sure I am , I know it by my corporal frame : But in what part where can I be , My wavering brains yet tortures me . Once I was call'd a great Fyff Laird , I dwelt not far from the Hall-yard . But who enjoys my Land and Pleugh , My Castle , and my fine Cole-heugh : I can find out no living man , Can tell me this , do what I can : Yet if my memory serve me well , This is the Shyre where I did dwell : This is the part where I was born : For lo , beneath me stands Kinghorn : And there about the Lowmond hill , Stands as it stood yet ever still . There is Bruntiland , Aberdore , I see Fyffs coast alongst the shore . Yet I am right , for my life , This is my native Countrey Fyff . O but it 's long and many a year , Since last my feet did travel here . I find great change in old Lairds places , I know the ground , but not the faces . Where shall I turn me first about , for my acquaintance is worn out ? O this is strange that even in Fyff , I do know neither Man nor Wife ; No Earl , no Lord , no Laird , no People , But Lesly and the Mark-inch steeple . Old noble W●eems , and that is all , I think enjoys their Farhers hall . For from Dumfermling to Fyffs-ness , I do know none that doth possess 〈◊〉 Grandsyres Castles and his Towers : 〈◊〉 is away that once was ours . 〈◊〉 full of wrath , I scorn to tarrie , I ●now them no more than the Fairie : 〈◊〉 I admire and marvel strange . What is the cause of this great change ? I hear a murmuring report , Passing amongst the common sort : For some says this , and some says that , And others tell , I know not what ? Some says the Fyff Lairds ever rews , Since they began to take the Lews : That bargain first did brew their bail , ●s tells the honest men of Crail . Same doth ascribe their supplantation , Into the Lawyers Congregation . ●o , but this is a false suppose . For all things wyts that well not goes , ●e what it will , there is some source ●ath bred this universal curse : This transmigration and earth-quake , ●hat caus●d the Lairds of Fyff to break . He that enthrones a shepherdling , He that dethrones a potent King : And he that makes a Cotter Laird , The Barrous Bairns to delve a Yard . Almighty , he that shakes the Mountains , And brings great rivers from smal fountains It is the power of his hand , That makes both Lords & Lairds have land . Yet there may be , as all men knaws , An evident and well seen cause : A publick and a common evil , That made the meekle Master-devil To cast his Club all Fyff throughout , And lent each Laird a deadly rout . Mark then , I 'll tell you how it was , What way this wonder came to pass : It sets me best the truth to pen , Because I fear no mortal men . When I was born a meddle-yerd wight , There was no word of Laird or Knight : The greatest Styles of honour than , Was to be tituled the Goodman ; But changing time hath chang'd the case , And puts a Laird in Good-mans place . For why ? my Gossip Good man Iohn , And honest Iames , whom I think on , When we did meet whiles at the haulking , We us'd no cringes , but hands shaking , No bowing , shouldring , gambe-scraping : No French whistling , or Dutch gaping : We had no Garments in our Land , But were spun by the Good-wives hand ; No Drap de-berry , cloaths of seal : No stuffs ingrain'd in Cusheneal : No Plulsh , no Tushue , Cramosie : No China , Turky , Toffaty : No proud Piropus , Paragon , Or Chackerallay , there was none : No Figurata , or Water-camblet : No Bishops-satine , or silk Chamblet , No cloth of Gold , or Bever-hats , We car'd more for then the Cats : Nor windy flowrishing flying Feathers , Nor sweet permusied shambo leathers : No hilt nor crampet richly hatched : A lance , a sword in hand we snatched : Such base and boyish vanities , Did not beseem our dignities : We were all real and compleat , Stout for our Friends , on horse or feet , True to our Prince to shed our blood , For Kirk , and for our common good . Such men we were , it is well known , As in our Chronicles are shown . This made us dwel into our land , And our Posterity to stand : But when the young Laird became vain , And went away to France and Spain , Rome racking , wandring here and there : O then began our bootless care . Pride puft him up because he was Far travell'd , and return'd an Ass . Then must the Laird , the Good-man oy , Be Knighted straight , and make convoy , Coatche through the street with Horses four , Foot-grooms pasmented ore and ore . Himself cut out and slasht so wide , En'n his whole shirt his skin both hide . Gowpherd , gratnizied , cloaks rear pointed Embroidered , lac'd , with boots disjointed : A belt embost wich Gold and purle : False hair made craftily to curle : Side breeks bebutton'd ore the garters , Was ne're the like seen in our quarters . Tobacoo and wine Frontinack , Potato pasties , Spanish sack , Such uncouth food , such meat and drink , Could never in our stomack sink : Then must the Granure swear and swagger , And show himself the bravest bragger . A bon-companion and a drinker , A delicate and dainty ginker . So is seen on 't . These foolish gigs , Hath caus'd his Worship sell his rigs . Sy Lady , as she is a woman , Is born a helper to undo man. Her Ladiship must have a share , For she is play-maker and mair ; For she invents a thousand toys , That house and hold and all destroys , As scarfs , shephrons , tuffs and rings , Fairdings , facings . powerings Rebats , revands , bands and ruffs , Lapbands , shagbands , cuffs and muffs , Folding outlayes , pearling sprigs , Aterys , vardigals , periwigs : Hats , hoods , wyrs and kells , Washing-balls , perfuming smels : French gows cut out and double banded , Iet rings to make her pleasant handed : A fan , a feather , bracelets , gloves , All new-come busks she dearly loves : For such trim bony baby clouts , Still on the Laird she greets and shouts : Which made the Laird take up more gear , Then all the Land and ●igs could bear . These are the Emblems that declares The Merchants thriftless , needless wares , The Taylors curious vanity , My Ladies prodigality . This is the truth which I discover : I do not care for feed or favor : For what I was , yet still I am , An honest , plain , true dealing man ; And if these words of mine would mend them I care not by though I offend them : Her● is the cause most plainly shown , That hath our Countrey-overthrown , It 's said of old , that others harms , Is oftentimes the wise mans arms : And he is thought most wise of all , That learns good from his neighbors fall . It grieves my heart to see this age , I cannot stay to act more stage : I will ingrave me in the ground , And rest there till the trumpet sound : And if I have said ought affray , Which may a messons mind dismay , I do appeal before the throne Or the great powers , three in one ; The Supream Soveraignity , The Parliament of verity . And if you think my Speech offends , Ye must be there , I's make amen●s . FINIS . Mercurius Scotus Hybernicus . P. M. 
A95749	----	Ekskybalauron: or, The discovery of a most exquisite jewel, more precious then diamonds inchased in gold, the like whereof was never seen in any age; found in the kennel of Worcester-streets, the day after the fight, and six before the autumnal æquinox, anno 1651. Serving in this place, to frontal a vindication of the honour of Scotland, from that infamy, whereinto the rigid Presbyterian party of that nation, out of their coveteousness and ambition, most dissembledly hath involved it. Urquhart, Thomas, Sir, 1611-1660. 1652 Approx. 417 KB of XML-encoded text transcribed from 164 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A95749 Wing U134 Thomason E1506_1 ESTC R203867 99863665 99863665 115875 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A95749) Transcribed from: (Early English Books Online ; image set 115875) Images scanned from microfilm: (Thomason Tracts ; 193:E1506[1]) Ekskybalauron: or, The discovery of a most exquisite jewel, more precious then diamonds inchased in gold, the like whereof was never seen in any age; found in the kennel of Worcester-streets, the day after the fight, and six before the autumnal æquinox, anno 1651. Serving in this place, to frontal a vindication of the honour of Scotland, from that infamy, whereinto the rigid Presbyterian party of that nation, out of their coveteousness and ambition, most dissembledly hath involved it. Urquhart, Thomas, Sir, 1611-1660. [30], 284, [8] p. Printed by Ja: Cottrel; and are to be sold by Rich. Baddely, at the Middle-Temple-gate., London, : 1652. The last two leaves (quire 3*² ) bear an address from the author and errata. Annotation on Thomason copy: "May. 4"; the 2 in the imprint date has been altered in MS. to a "3". Reproduction of the original in the British Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Civilization -- Early works to 1800. Scotland -- Biography -- Early works to 1800. 2007-04 TCP Assigned for keying and markup 2007-04 Aptara Keyed and coded from ProQuest page images 2007-06 Robyn Anspach Sampled and proofread 2007-06 Robyn Anspach Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion ΕΚΣΚΥΒΑΛΑΥΡΟΝ : OR , The Discovery of A most exquisite JEWEL , more precious then Diamonds inchased in Gold , the like whereof was never seen in any age ; found in the kennel of Worcester-streets , the day after the Fight , and six before the Autumnal Aequinox , anno 1651. Serving in this place , To frontal a VINDICATION of the honour of SCOTLAND , from that Infamy , whereinto the Rigid Presbyterian party of that Nation , out of their Covetousness and ambition , most dissembledly hath involved it . Distichon ad Librum sequitur , quo tres ter adaequant Musarum numerum , casus , & articuli . O voc . thou' rt a nom . Book in 1 abl . truth with 2 abl . love to dat . many , Done by 3 abl . and for 4 abl . acc . the free'st-spoke Scot of gen . any . Efficiens & finis sunt sibi invicem causae . LONDON , Printed by Ja : Cottrel ; and are to be sold by Rich. Baddely , at the Middle-Temple-gate . 1652. The Epistle Liminary . THE scope of this Treatise is ( for the weal of the publick , in the propagation of learning & vertue throughout the whole Isle of great Britain ) in all humility to intreat the honorable Parliament of this Commonwealth , with consent of the Councel of State thereof , to grant to Sir Thomas Vrquhart of Cromarty his former liberty , and the enjoyment of his own inheritance , with all the immunities and priviledges thereto belonging . The reasons of this demand in an unusual ( though compositive ) way , are so methodically deduced , that their recapitulation here ( how curt soever I could make it ) would afford but little more compendiousness to the Reader ; unless all were to be summed up in this , that seeing the obtaining of his desires would be conducible to the whole Land , and prejudicial to no good member in it , he should therefore be favoured with the benefit of the grant thereof , and refusal of nothing appertaining to it . By reason of his being a Scotish man , a great deal therein is spoken in favor of that country , and many pregnant arguments inferred for the incorporating of both nations into one , with an indissolubility of union for the future , in an identity of priviledges , laws & customs . As by the praising of many the coetaneans and compatriots of his no-less-deserving predecessors , Scotland is much honored : so , to vindicate the reputation thereof from any late scandal , it is fitly represented how the miscariage of a few should not occasion an universal imputation . The unjust usurpation of the Clergy , the Judaical practices of some Merchants , and abused simplicity of the gentry , have in the mindes of forraigners engraven a discredible opinion of that Nation , which will never be wiped off under a Presbyterial government : for where ever it bears sway , &c. here I must stop ; for should I give way to my pen to decipher the enormities of that rule , I would , by outbulking the book with this Epistle , make the porch greater then the lodging ; enter into a digression longer then the purpose , and outstrip the period with the parenthesis . Therefore out of that inclination which prompts me to conceal the faults of those , in whom there may be any hope of a cordial penitency for having committed them ; I will not at this time lanch forth into the prodigious depth of Presbyterian plots , nor rip up the sores of their Ecclesiastical tyranny , till their implacable obduredness , and unreclaimability of nature , give open testimonies of their standing to their first erroneous principles , and not acknowledging a subordination to a secular authority . For the present then , it shall suffice , that I bestow upon them a gentle admonition , to refrain from that ambitious designe of spiritual soveraignty ; or ( to use the phrase of their patron Knox ) that I warn them with the first sound of the trumpet , to give the civil Magistrate his due : but if after this Diansounding , they ( instead of apparelling their consciences with the garment of righteousness ) come forth to the field of publick affaires , with their rusty armor of iniquity ; then let them not blame me , if for the love of my country , whose honour they have defaced , and the best inhabitants whereof they have born down with oppression , I refuse not the employment of taking up banner against them , and giving them a home charge with clareens , under the conduct of reason and common sense , their old and inveterate enemies . Now seeing that in this introitory discourse ( to avoid the excursive pomp of a too large ranging at random ) I am limited to some few pages , should I employ them all to attend the Presbyters greatness , it would argue in me great inconsideracy , in preferring him to his betters ; therefore till I have the leisure to bestow a whole sheet by it self upon honest Sir John ( who in that kind of liberality towards the fornicator and malignant , was the Non-pareil of the world ) that therein ( as in a habit of repentance , he may be exposed to the publike view of the honest men of Scotland , whom he hath so much injured : I must confine my self now to so much bounds ( without more ) as barely may suffice to excuse the superficial errata's both of pen and press . This Treatise ( like the words of mass , dinner , supper , and such like , which besides the things by them signified , do connotate the times of morning , noon , night , or any other tide or season ) importing beyond what is primarly expressed in it , a certain space of time , within which unto the world should be made obvious its final promulgation ; and that being but a fornight ( lest a longer delay , by not giving timely information to the State , might prove very prejudicial ( if not totally destructive ) to the aforesaid Sir Thomas Vrquhart , in whose house ( as he is informed by letters from thence ) there is at this present an English garison ; and whose lands are so over-run and exhausted by these publike pressures , that since he hath been a prisoner of war , which is now half a yeer , he hath not received the value of one farthing of his own means ) and having designed for the Press at first , but 5 sheets , viz. the three first , and some two about the latter end , I deemed the aforesaid time of two weeks , of extent sufficient for encompassing a work of so short a breath . But by chance two Diurnals having been brought to me , in one whereof was contained the relation of the irrational prooceedings of the Presbytery of Aberdeen , against Sir Alexander Iruin of Drum , together with his just appeal from their tyrannical jurisdiction to Colonel Overton , the then only competent judge that was there ; and in the other a petition or grievance of the commons of Scotland , against the merciless and cruel task-masters that the Presbyterian zeal had set above them these many yeers past ; wherein ( whether that petition was supposititious , or no ) there was not any thing , the truth whereof might not be testified by thousands of honest people in Scotland , and ten times more of their roguery , then in it is specified : and besides all that , there being nothing in the mouthes almost of all this country more common then the words of the perfidious Scot , the treacherous Scot , the false brother , the covetous Scot , and knot of knaves , and other suchlike indignities fixed upon the whole Nation for the baseness of some : I resolved on a sudden ( for the undeceiving of honest men , and the imbuing of their minds with a better opinion of Scotish spirits ) to insert the martial and literatory endowments of some natives of that soyle , though much eclipsed by their coclimatary wasps of a Presbyterian crue . Thus my task increasing , and not being able to inlarge my time , for the cause aforesaid , I was necessitated to husband it the better , to over-triple my diligence , and do the work ( by proportion of above three dayes in the space of one : wherefore , laying aside al other businesses , and cooping my self up daily for some hours together , betwixt the case and the printing press ; I usually afforded the setter Copy at the rate of above a whole printed sheet in the day ; which , although by reason of the smallness of a Pica letter , and close couching thereof , it did amount to three full sheets of my writing ; the aforesaid setter nevertheless ( so nimble a workman he was ) would in the space of 24 hours make dispatch of the whole , and be ready for another sheet . He and I striving thus who should compose fastest , he with his hand , and I with my brain ; and his uncasing of the letters , and placing them in the composing instrument , standing for my conception ; & his plenishing of the gally , and imposing of the form , encountering with the supposed equivalue of my writing ; we would almost every foot so jump together in this joynt expedition , and so nearly overtake other in our intended course , that I was oftentimes ( to keep him doing ) glad to tear off parcels of ten or twelve lines a peece , and give him them , till more were ready ; unto which he would so suddenly put an order , that almost still , before the ink of the writen letters was dry , their representatives were ( out of their respective boxes ) ranked in the Composing-stick ; by means of which great haste , I writing but upon the loose sheets of cording-quires , which ( as I minced & tore them ) looking like pieces of waste paper , troublesome to get rallyed , after such dispersive scattredness , I had not the leisure to read what I had written , till it came to a proof , and sometimes to a full revise : so that by vertue of this unanimous contest , and joint emulation betwixt the theoretick and practical part , which of us should overhye other in celerity , we in the space of fourteen working-daies , compleated this whole book ( such as it is ) from the first notion of the brain , till the last motion of the press ; And that without any other help on my side , either of quick or dead ( for books I had none , nor possibly would I have made use of any , although I could have commanded them ) then what ( by the favour of God ) my own judgment and fancy did suggest unto me ; save so much as , by way of information , a servant of mine would now and then bring to me , from some reduced Officer of the primitive Parliament , touching the proper names of some Scotish warriors abroad , which I was very apt to forget . I speak not this to excuse gross faults ( if there be any ) nor yet to praise my owne acuteness ( though there were none ) but to shew that extemporaneanness , in some kinde of subjects , may very probably be more successeful , then premeditation : and that a too punctually digested method , and over-nicely selected phrase , savouring of affectation , diminish oftentimes very much of the grace that otherwayes would attend a natural ingenuity . If the State of England be pleased with this book , I care neither for Zoil nor Momus ; but if otherwaies , then shall it displease me , whose resolution from its first contrivance was , willingly to submit it to their judicious censure . It is intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , because of those few sheets of Sir Thomas Vrquharts papers , which were found in the kennel of Worecester-streets ; they being the Cream , the Marrow , and most especial part of the book ; and albeit they extend not in bulk to above two sheets and a quarter , of that small letter as it lieth in an Octavo size ; yet that Synecdochically the whole should be designed by it , lacketh not its precedent : for Logick sometimes is called Dialectica , although it be but a part of Logick : and that Discipline which treats of the dimensions of continuate quantity , named geometry , albeit how to measure the earth be fully instructed by Geodesie , one of the smallest parts of that Divine Science . That which is properly France , is not the hundreth part of the Kingdom of that name . Moscovy , Fez , and Morocco , though Empires , have their denominations from Cities of the same name : so have the Kingdoms of Leon , Toledo , Murcia , Granada , Valencia , and Naples , with the Isles of Mayorca , Minorca , Sardinia , Malta , and Rhodes , and so forth through other territories . It mentioneth Sir Thomas Vrquhart in the third person , which seldom is done by any Author in a Treatise of his own penning ; although Virgil said , Ille ego qui quondam ; and Scaliger the younger , Ego sum magnus ille Josephus : nevertheless , to satsfie the Readers curiosity , and all honest men of the Isle of Britain , rather then to write Anonymos , I will subscribe my self , Christianus Presbyteromastix . The names of the chiefs of the name of Vrquhart , and of their primitive fathers ; as by Authentick Records and Tradition , they were from time to time , through the various generations of that Family , successively conveyed , till the present yeer 1652. 1 A Dam. 2 Seth. 3 Enos . 4 Cainan . 5 Mahalaleel . 6 Jared . 7 Enoch . 8 Methusalah . 9 Lamech . 10 Noah . 11 Japhet 12 Javan . 13 Penuel . 14 Tycheros . 15 Pasiteles . 16 ESORMON . 17 Cratynter . 18 Thrasymedes . 19 Evippos . 20 Cleotinus . 21 Litoboros . 22 Apodemos . 23 Bathybulos . 24 Phrenedon . 25 Zameles . 26 Choronomos . 27 Leptologon . 28 Aglaestos . 29 Megalonus . 30 Evemeros . 31 Callophron . 32 Arthmios . 33 Hypsegoras . 34 Autarces . 35 Evages . 36 Atarbes . 37 Pamprosodos . 38 Gethon . 39 Holocleros . 40 Molin . 41 Epitimon . 42 Hypotyphos . 43 Melobolon . 44 Propetes . 45 Euplocamos . 46 Philophon . 47 Syngenes . 48 Polyphrades . 49 Cainotomos . 50 Rodrigo . 51 Dicarches . 52 Exagastos . 53 Denapon . 54 Artistes . 55 Thymoleon . 56 Eustochos . 57 Bianor . 58 Thryllumenos . 59 Melleffen . 60 Alypos . 61 Anochlos . 62 Homognios . 63 Epsephicos . 64 Eutropos . 65 Coryphaeus . 66 Etoimos . 67 Spudaeos . 68 Eumestor . 69 Griphon . 70 Emmenes . 71 Pathomachon . 72 Anepsios . 73 Auloprepes . 74 Corosylos . 75 Daetalon . 76 Beltistos . 77 Horaeos . 78 Orthophron . 79 Apsicoros . 80 Philaplus . 81 Megaletor . 82 Nomostor . 83 Astioremon . 84 Phronematias . 85 Lutork . 86 Machemos . 87 Stichopaeo . 88 Epalomenos . 89 Tycheros . 90 Apechon . 91 Enacmes . 92 Javan . 93 Lematias . 94 Profenes . 95 Sosomenos . 96 Philalethes . 97 Thaleros . 98 Polyaenos . 99 Cratesimachos . 100 Eunaemon . 101 Diasemos . 102 Saphenus . 103 Bramoso . 104 Celanas . 105 Vistoso . 106 Po●●●o . 107 Lustroso . 108 Chrestander . 109 Specta bundo . 110 Philodulos . 111 Paladino . 112 Comicello . 113 Regisato . 114 Arguto . 115 Nicarchos . 116 Marsidalio . 117 Hedumenos . 118 Agenor . 119 Diaprepon . 120 Stragayo . 121 Zeron . 122 Polyteles . 123 Vocompos . 124 Carolo. 125 Endymion . 126 Sebastian . 127 Lawrence . 128 Olipher . 129 Quintin . 130 Goodwin . 131 Frederick . 132 Sir Jaspar . 133 Sir Adam . 134 Edward . 135 Richard. 136 Sir Philip. 137 Robert. 138 George . 139 James . 140 David . 141 Francis. 142 William . 143 Adam . 144 John. 145 Sir William . 146 William . 147 Alexander , 148 Thomas . 149 Alexander . 150 Walter . 151 Henry . 152 Sir Thomas . 153 Sir Thomas . The names of the mothers of the chief of the name of Vrquhart , as also of the mothers of their primitive fathers . The Authority for the truth thereof being derived from the same Authentick Records and Tradition on which is grounded the above-written Genealogie of their male collaterals . 1 EVa 2 Shif ka 3 Mahla 4 Bilha 5 Timnah 6 Aholima 7 Zilpa 8 Noema 9 Ada 10 Titea 11 Debora 12 Neginothi 13 Hottir 14 Orpah 15 Axa 16 Narfesia 17 Goshenni 18 Briageta 19 Andronia 20 Pusena 21 Emphaneola 22 Bonaria 23 Peninah 24 Asymbleta 25 Carissa 26 Calaglais 27 Theoglena 28 Pammerissa 29 Floridula 30 Chrysocomis 31 Arrenopas 32 Tharsalia 33 Maia 34 Roma 35 Termuth 36 Vegeta 37 Callimeris 38 Panthea 39 Gonima 40 Ganymena 41 Thespesia 42 Hypermnestra 43 Horatia 44 Philumena 45 Neopis 46 Thymelica 47 Ephamilla 48 Porrima 49 Lampedo 50 Teleclyta 51 Clarabella 52 Eromena 53 Zocallis 54 Lepida 55 Nicolla 56 Proteusa 57 Gozosa 58 Venusta 59 Prosectica 60 Delotera 61 Tracara 62 Pothina 63 Cordata 64 Aretias 65 Musurga 66 Romalia 67 Orthoiusa 68 Recatada 69 Chariestera 70 Rexenora 71 Philerga 72 Thomyris 73 Varonilla 74 Stranella 75 Aequanima 76 Barosa 77 Epimona 78 Diosa 79 Bonita 80 Aretusa 81 Bendita 82 Regalletta 83 Isumena 84 Antaxia 85 Bergola 86 Viracia 87 Dynastis 88 Dalga 89 Eutocusa 90 Corriba 91 Praecelsa 92 Plausidica 93 Donosa 94 Solicaelia 95 Bonta dosa 96 Calliparia 97 Creleuca 98 Pancala 99 Dominella 100 Mundula 101 Pamphais 102 Philtrusa 103 Meliglena 104 Philetium 105 Tersa 106 Dulcicora 107 Gethosyna 108 Collabella 109 Eucnema 110 Tortolina 111 Ripulita 112 Urbana 113 Lampusa 114 Vistosa 115 Hermosma 116 Bramata 117 Zaglopis 118 Androlema 119 Trastevole 120 Suaviloqua 121 Francoline 122 Matilda 123 Allegra 124 Winnifred 125 Dorothy 126 Lawretta 127 Genivieve 128 Marjory 129 Jane 130 Anne 131 Magdalen 132 Girsel 133 Mary 134 Sophia 135 Eleonore 136 Rosalind 137 Lillias 138 Brigid 139 Agnes 140 Susanna 141 Catherine 142 Helen 143 Beatrice 144 Elizabeth 145 Elizabeth 146 Christian Let such as would know more hereof , be pleased to have recourse to the book treating of the Genealogy of that Family , intituled 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 which together with this , is to sold by one and the same Stationer . I Must beg this favour of the ingenious Reader , that with his pen ( before he fall to the perusal of the book ) he be pleased to correct these ensuing errata's ; which though not all to be found in any one of the copies , yet each of them being in the whole impression , I chused rather to insert more , then that an industrious spirit should be debarred the conveniency of amending any . PAge 12. Line 11. for ShinRead fashion of the hebrew Shin . p. 34. l. 11. r. you words of ●he . p. 38. l. 19. r. parts . p. 42. l. 17. r. negation . p . 55. lines 5 , 6 , 8. for ready r. already . for conderable r. considerable . for eixibilty . r. enixibility p. 74. l. 2. r. kill . p. 77. l. 17 ▪ dele so . p. 28. 19. r. vigour and freshness . p. 82. l. 25. r. this . p. 91. l. 2. r execute . p. 91. l. 3. dele for . p. 97. l. 4 . r . was . p. 103. l. 11. r. worlds . p. 104. l. 18. r. of verses of his composing p. 105. l. 16. r. sight l. 24. r. the intermediate . p. 146. l. 3. r. autochthony . p. 154. l. 7. r. the. p. 158. l. 15. r. furthered . p . 167. l. 15. r. Logerheadistick . p. 186. l. 23. r. astricted . p . 188. l. 15. r. Periscians . p. 208. l. 6. r. he . p. 215. l. 2. r. subtilis . p . 218. l. 8. r. sint . p. 239. l. 28. r. zeal-legerdemaim . p . 240. l. 20. r. to be atchieved . p. 248. l. 20. r. examined . He should obtain all his desires , Who offers more then he requires . NO sooner had the total Rout of the Regal party at Worcester , given way to the taking of that City , and surrendring up of all the prisoners to the custody of the Marshal-general and his Deputies ; but the liberty customary at such occasions to be connived at , in favours of a victorious Army , imboldened some of the new-levied Forces of the adjacent Counties , to confirm their Conquest by the spoil of the Captives . For the better atchievement of which designe , not reckoning those great many others that in all the other corners of the Town were ferreting every room for plunder , a string or two of exquisite snaps , and clean shavers ( if ever there were any ) rushing into Master Spilsbury's house , ( who is a very honest man , and hath an exceeding good woman to his wife ) broke into an upper chamber , where finding ( besides Scarlet Cloaks , Buff Suits , Arms of all sorts , and other such rich chaffer , at such an exigent escheatable to the prevalent Soldier ) seven large Portmantles ful of precious commodity ; in three whereof , after a most exact search for gold , silver , apparel , linen , or any whatever adornments of the body , or pocket-implements , as was seized upon in the other four , not hitting on any thing but Manuscripts in folio , to the quantity of sixscore & eight quires and a half . divided into Six hundred fourty and two Quinternions and upwards , the Quinternion consisting of five sheets , and the Quire of five and twenty ; besides some Writings of Suits in Law , & Bonds , in both worth above three thousand pounds English , they in a trice carried all whatever els was in the room away , save those Papers , which they then threw down on the floor , as unfit for their use : yet immediately thereafter , when upon Carts the aforesaid baggage was put to be transported to the Country , and that by the example of many hundreds of both horse and foot , whom they had loaded with spoil , they were assaulted with the temptation of a new booty , they apprehending how useful the paper might be unto them , went back for it , and bore it straight away : which done , to every one of those their Camarads whom they met with in the streets , they gave as much thereof , for packeting up of Raisins , Figs , Dates , Almonds , Caraway , and other such-like dry Confections and other ware , as was requisite : who doing the same themselves , did , together with others , kindle pipes of Tobacco with a great part thereof , and threw out all the remainder upon the streets , save so much as they deemed necessary for inferiour employments , and posteriour uses . Of those dispersedly-rejected bundles of paper , some were gathered up by Grocers , Druggists , Chandlers , Pie-makers , or such as stood in need of any cartapaciatory utensil , and put in present service , to the utter undoing of all the writing thereof , both in its matter and order . One Quinternion nevertheless , two days after the fight on the Friday-morning , together with two other loose sheets more , by vertue of a drizelling rain , which had made it stick fast to the ground , where there was a heap of seven and twenty dead men , lying upon one another , was by the command of one Master Braughton taken up by a servant of his ; who , after he had ( in the best manner he could ) cleansed it from the mire and mud of the kennel , did forthwith prefent it to the perusal of his Master ; in whose hands it no sooner came , but instantly perceiving by the periodical couching of the discourse , marginal figures , and breaks here and there , according to the variety of the Subject , that the whole purpose was destinated for the Press , and by the Author put into a garb befitting either the Stationer or Printer's acceptance ; Yet because it seemed imperfect , and to have relation to subsequent Tractates , he made all the enquiry he could , for trial , whether there were any more such Quinternions or no : by means whereof , he got full information , that above three thousand sheets of the like Paper , written after that fashion , and with the same hand , were utterly lost and imbezzeled after the manner aforesaid ; and was so fully assured of the misfortune , that , to gather up spilt water , comprehend the windes within his fist , and recover those Papers again , he thought would be a work of one and the same labour and facility . Therefore , because he despaired of attaining to any more , he the more carefully endeavoured to preserve what he had made purchase of : and this he did very heedfully , in the Country for three months together , and afterwards in the City of London ; where at last I getting notice thereof , thought good , in regard of the great moan made for the loss of Sir Vrquhart's Manuscripts , to try at the said Sir Thomas , whether these seven sheets were any of his Papers or no. Whereupon , after communication with him , it was found that they were but a parcel of the Preface he intended to premise before the Grammar and Lexicon of an Universal Language ; the whole Preface consisting of two quires of paper , the Grammar of three , and the Lexicon of seven : the other fivescore & sixteen quires and a half treating of Metaphysical , Mathematical , Moral , Mythological , Epigrammatical , Dialectical , and Chronological matters , in a way never hitherto trod upon by any ; being brought by the said Sir Thomas into England for two reasons : First , lest they should have been altogether lost at Sterlin ; and next , to have them printed at London , with the best conveniencie that might stand with the indemnity of the Author ; whom when I had asked if his fancie could serve him to make up these Papers again , especially in so far as concerned the New Language ; His answer was , that , if he wanted not encouragement , with the favour of a littie time , he could do much therein : but unless he were sure to possess his own with freedom , it would be impossible for him to accomplish a task of so great moment and laboriousness . This modest reply , grounded upon so much reason , hath emboldened me to subjoyn hereto what was couched in those papers which were found by Master Braughton ; to the end the Reader may perceive , whether the performance of so great a Work as is mentioned there , be not worth the enjoyment of his Predecessors inheritance , although he had not had a lawful title thereunto by his birth-right and lineal succession , which he hath . The Title of those found Papers was thus . An Introduction to the Universal Language ; wherein , whatever is uttred in other Languages , hath signification in it , whilst it affordeth expressions , both for copiousness , variety , and conciseness in all manner of subjects , which no Language else is able to reach unto : most fit for such as would with ease attaine to a most expedite facility of expressing themselves in all the Learned Sciences , Faculties , Arts , Disciplines , mechanick Trades , and all other discourses whatsoever , whether serious or recreative . The matter of the Preface begun after this manner , as it was divided into several Articles . 1. WOrds are the signes of Things ; it being to signifie that they were instituted at first : nor can they be , as such , directed to any other end , whether they be articulate or inarticulate . 2. All things are either real or rational : and the real , either natural or artificial . 3. There ought to be a proportion betwixt the signe and thing signified ; therefore should all things , whether real or rational , have their proper words assigned unto them . 4. Man is called a Microcosme , because he may by his conceptions and words containe within him the representatives of what in the whole world is comprehended . 5. Seeing there is in nature such affinity 'twixt words and things , as there ought to be in whatever is ordained for one another ; that Language is to be accounted most conform to Nature , which with greatest variety expresseth all manner of things . 6. As all things of a single compleat being , by Aristotle into ten Classes were divided ; so may the words whereby those things are to be signified , be set apart in their several store-houses . 7. Arts , Sciences , Mechanick Trades , notional Faculties , and whatever is excogitable by man , have their own method ; by vertue whereof , the Learned of these latter times have orderly digested them : Yet hath none hitherto considered of a mark , whereby words of the same Faculty , Art , Trade , or Science should be dignosced from those of another by the very sound of the word at the first hearing . 8. A Tree will be known by its leaves , a Stone by its grit , a Flower by the smel , Meats by the taste , Musick by the ear , Colours by the eye , the several Natures of things , with their properties and essential qualities , by the Intellect : and accordingly as the things are in themselves diversified , the Judicious and Learned man , after he hath conceived them aright , sequestreth them in the several cels of his Undeastanding , each in their definite and respective places . 9. But in matter of the words whereby those things are expressed , no Language ever hitherto framed , hath observed any order relating to the thing signified by them : for if the words be ranked in their Alphabetical series , the things represented by them will fall to be in several predicaments ; and if the things themselves be categorically classed , the word whereby they are made known will not be tyed to any Alphabetical rule . 10. This is an imperfection incident to all the Languages that ever yet have been known : by reason whereof , Foraign Tongues are said to be hard to learn ; and , when obtained , easily forgot . 11. The effigies of Jupiter in the likeness of a Bull , should be liker to that of Io metamorphosed into a Cow , then to the statue of Bucephalus , which was a horse : and the picture of Alcibiades ought to have more resemblance with that of Coriolanus , being both handsome men , then with the image of Thersites , who was of a deformed feature : just so should things semblable in Nature be represented by words of a like composure : and as the true intelligible speices do present unto our minds the similitude of things as they are in the object ; even so ought the word expressive of our conceptions so to agree or vary in their contexture , as the things themselves which are conceived by them do in their natures . 12. Besides this imperfection in all Languages there is yet another , That no Language upon the face of the earth hath a perfect Alphabet ; one lacking those letters which another hath , none having all , and all of them in cumulo lacking some . But that which makes the defect so much the greater , is , that these same few consonants and vowels commonly made use of , are never by two Nations pronounced after the same fashion ; the French A with the English , being the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; and the Italian B with the Spanish , the Hebrew Vau. 13. This is that which maketh those of one dominion so unskilful in the idiome of another ; and after many yeers abode in a strange land , despaire from attaining at any time to the perfect accent of the language thereof , because , as the waters of that stream cannot be wholesome , whose source is corrupted ; nor the superstructure sure , whereof the ground-work is ruinous : so doth the various manner of pronouncing one and the same Alphabet in several Nations , produce this great and most lamentable obstruction in the Discipline of Languages . 14. The G of the Latin word legit , is after four several manners pronounced by the English , French , Spanish , and Dutch : the Ch likewise is differently pronounced by divers Nations ; some uttering it after the fashion the Hebrew Shin , as the French do in the word chasteau , chascun , chastier , chatel ; or like the Greek Kappa , as in the Italian words , chiedere , chiazzare , chinatura ; or as in Italy are sounded the words ciascheduno , ciarlatano ; for so do the Spanish and English pronounce it , as in the words achaque , leche ; chamber , chance : other Nations of a guttural flexibility , pronounce it after the fashion of the Greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Nor need we to labor for examples in other letters ; for there is scarce any hitherto received , either consonant or vowel , which in some one and other taking in all Nations , is not pronounced after three or four several fashions . 15. As the Alphabets are imperfect , some having but 19 letters , others 22. and some 24. few exceeding that number : so do the words composed of those letters in the several Languages , come far short of the number of things , which to have the reputation of a perfect tongue , ought to be expressed by them . 16. For supply of this deficiencie , each Language borrows from another ; nor is the perfectest amongst them , without being beholden to another , in all things enuncible , bastant to afford instruction : many Astronomical and Medicinal terms have the Greeks borrowed from the Arabians , for which they by exchange have from the Grecians received payment of many words naturalized in their Physical , Logical , and Metaphysical Treatises . As for the Latin , it oweth all its Scientifick dictions to the Greek and Arabick : yet did the Roman Conquest give adoption to many Latin words , in both these languages , especially in matters of military discipline , and prudential Law. 17. And as for all other Languages as yet spoke , though to some of them be ascribed the title of original Tongues , I may safely avouch there is none of them which of it self alone is able to afford the smattring of an elocution fit for indoctrinating of us in the precepts and maximes of moral and intellectual vertues . 18. But , which is more , and that which most of all evinceth the sterility of all the Languages that since the Deluge have been spoke , though all of them were quintescenced in one capable of the perfections of each , yet that one so befitted and accommodated for compendiousness and variety of phrase , should not be able , amidst so great wealth , to afford , without circumlocution , the proper and convenient representation of a thing , yea of many thousands of things , whereof each should be expressed with one single word alone . 19. Some Languages have copiousness of discourse , which are barren in composition : such is the Latine . Others are compendious in expression , which hardly have any flection at all : of this kinde are the Dutch , the English , and Irish . 20. Greek hath the agglutinative faculty of incorporating words ; yet runneth not so glib in Poesie as doth the Latine , though far more abundant . The Hebrew likewise , with its auxiliary Dialects of Arabick , Caldean , Syriack , Aethiopian , and Samaritan , compoundeth prettily , and hath some store of words ; yet falleth short by many stages of the Greek . 21. The French , Spanish , and Italians , are but Dialects of the Latine , as the English is of the Saxon Tongue ; though with this difference , that the mixture of Latine with the Gaulish , Moresco , and Gotish Tongues , make up the three first Languages ; but the meer qualification of the Saxon with the old British , frameth not the English to the full , for that , by its promiscuous and ubiquitary borrowing , it consisteth almost of all Languages : which I speak not in dispraise thereof , although I may with confidence aver , that were all the four aforesaid Languages stript of what is not originally their own , we should not be able with them all , in any part of the world , to purchase so much as our breakfast in a Market . 22. Now to return from these to the learned Languages ; we must acknowledge it to be very strange , why , after thousands of yeers continual practice in the polishing of them by men of approved faculties , there is neither in them , nor any other Tongue hitherto found out , one single word expressive of the vice opposite either to Temperance or Chastity in the defect ; though many rigid Monks , even now adays , be guilty of the one , as Diogenes of old was of the other . 23. But that which makes this disease the more incurable , is , that when an exuberant spirit would to any high researched conceit adapt a peculiar word of his own coyning , he is branded with Incivility , if he apologize not for his boldness , with a Quod ita dixerim parcant Ciceronianae manes , Ignoscat Demosthenis genius , and other such phrases acknowledging his fault of making use of words never uttered by others , or at least by such as were most renowned for eloquence . 24. Though Learning sustain great prejudice by this restraint of liberty to endenizon new Citizens in the Commonwealth of Languages , yet do I conceive the reason thereof to proceed from this , That it is thought a less incongruity to express a thing by circumlocution , then by appropriating a single word thereto , to transgress the bounds of the Language ; as in Architecture it is esteemed an errour of less consequence to make a circuitory passage from one room to another , then by the extravagancie of an irregular sallie , to frame projectures disproportionable to the found of the house . 25. Thus is it , that as according to the largeness of the plat of a building , and compactedness of its walls , the Work-master contriveth his roofs , platforms , outjettings , and other such like parts and portions of the whole : just so , conform to the extent and reach which a Language in its flexions and compositions hath obtained at first , have the sprucest Linguists hitherto bin pleased to make use of the words thereto belonging . 26. The Bonification and virtuification of Scotus's Hexeity , and Albedineity of Suarez are words exploded by those that affect the purity of the Latine diction ; yet if such were demanded , what other no less concise expression would comport with the neatness of that language , their answer would be altum silentium : so easie a matter it is for many to finde fault with what they are not able to amend . 27. Nevertheless , why for representing to our understandings the essence of accidents , the fluency of the form , as it is in fieri ; the faculty of the Agent , and habit that facilitates it , with many thousands of other such expressions , the tearms are not so genuine , as of the members of a mans body , or utensils of his house ; the reason is , because the first inventers of Languages , who contrived them for necessity , were not so profoundly versed in Philosophical quiddities , as those that succeeded after them ; whose literature increasing , procured their excursion beyond the representatives of the common objects imagined by their forefathers . 28. I have known some to have built houses for necessity , having no other aime before their eyes , but barely to dwell in them ; who nevertheless in a very short space were so enriched , that after they had taken pleasure to polish and adorn , what formerly they had but rudely squared , their moveables so multiplyed upon them , that they would have wished they had made them of a larger extent . 29. Even so though these Languages may be refined by some quaint derivatives and witty compositions ; like the striking forth of new lights and doors , outjetting of kernels , erecting of prickets , barbicans , and such like various structures upon one and the same foundation ; yet being limited to a certain basis● beyond which the versed in them must not pass , they cannot roam at such random as otherwise they might , had their Language been of a larger scope at first . 30. Thus albeit Latine be far better polished now , then it was in the days of Enntus and Livius Andronicus , Yet had the Latinists at first been such Philosophers as afterward they were , it would have attained to a great deale of more perfection then it is at for the present . 31. What I have delivered in freedome of the learned Languages , I would not have wrested to a sinister sense , as if I meant any thing to their disparagement ; for truly I think the time well bestowed , which boyes in their tender yeers employ towards the learning of them , in a subordination to the excellent things that in them are couched . 32. But ingenuously I must acknowledge my averseness of opinion from those who are so superstitiously addicted to these Languages that they account it learning enough to speak them , although they knew nothing else ; which is an error worthy rebuke , seeing Philosophia sunt res , non verba ; and that whatever the signes be , the things by them signified ought still to be of greater worth . 33. For it boots not so much , by what kind of tokens any matter be brought into our minde , as that the things made known unto us , by such representatives , be of some considerable value : not much unlike the Innes-a-court-gentlemen at London , who usually repairing to their commons at the blowing of a horne , are better pleased with such a signe ( so the fare be good ) then if they were warned to courser cates , by the sound of a Bell or Trumpet . 34. Another reason prompteth me thereto , which is this , That in this frozen Climate of ours , there is hardly any that is not possessed with the opinion , that not only the three fore-named Languages , but a great many other , whom they call Originals ( whereof they reckon ten or eleven in Europe , and some fifty eight more , or thereabouts , in other Nations ) were at the confusion of Babel , immediately from God ▪ by a miracle , infused into men : being induced to believe this , not so much for that they had not perused the interpretation of the Rabbies on that text , declaring the misunderstanding whereunto the builders were involved by diversity of speech , to have proceeded from nothing else , but their various and diserepant pronunciation of one and the same Language , as that they deemed Languages to be of an invention so sublime , that naturally the wit of man was not able to reach their composure . 35. Some believe this so pertinaciously , that they esteem all men infidels that are of another faith ; whilst in the mean while , I may confidently assever , that the assertors of such a tenet , do thereby extreamly dishonor God , who doing whatever is done , by nature , as the actions of an Ambassador ( as an Ambassador ) are reputed to be those of the Soveraign that sent him , would not have the power he hath given to nature to be disclaimed by any , or any thing said by us in derogation thereof . 36. Should we deny our obedience to the just decree of an inferior Judge , because he from whom his Authority is derived , did not pronounce the sentence ? Subordinate Magistrates have their power , even in great matters ; which to decline , by saying , they have no authority , should make the averrer fall within the compass of a breach of the Statute called scandalum magnatum . 37. There are of those with us , that wear gowns and beards longer then ever did Aristotle and Aesculapius ; who when they see an Eclipse of the Sun or Moon , or a Comet in the aire , straight would delude the commons with an opinion that those things are immediately from God , for the sins of the people ; as if no natural cause could be produced for such like apparitions . ¶ Here is the number of twelve Articles wanting . 50. For which cause , they are much to blame , that think it impossible for any man naturally to frame a Language of greater perfection then Greek , Hebrew , or Latine . 51. For who , in stead of affording the true cause of a thing , unnecessarily runs to miracles , tacitely acknowledgeth that God naturally cannot do it : wherein he committeth blasphemy ; as that Souldier may be accounted guilty of contumacie and disobedience , who rejecting the Orders wherewith an inferiour Officer is authorized to command him , absolutely refuseth compearance , unless the General himself come in person to require it of him . 52. As there is a possibility such a Language may be , so do I think it very requisite such a Language were , both for affording of conciseness , and abundance of expression . 53. Such as extol those Languages most , are enforced sometimes to say , that Laborant penuria verborum ; and thereunto immediately subjoyn this reason , Quia plures sunt res quam verba . 54. That is soon said ; and , ad pauca respicientes facile enuntiant . But here I ask them , how they come to know that there are more Things then Words , taking Things ( as in this sence they ought to be taken ) for things universal ; because there is no word spoken , which to the conceit of man is not able to represent more individuals then one , be it Sun , Moon , Phoenix , or what you will , even amongst Verbs , and Syncategorematical signes , which do ●●ely suppone for the modalities of things 〈◊〉 ●●…ore is each word the signe of an universal thing ; Peter signifying either this Pet●● or that Peter ; and any whatever name , surname , or title , being communicable to one and many . 55. Thus though both words and thoughts , as they are 〈◊〉 universal ; yet do I believe that those w●●●…ld attribute less universality to words then things , knew not definitely the full number of words , taking words for any articulate pronunciation . 56 Nay , I will go further : There is no Alphabet in the world , be the Calculator never so well skill'd in Arithmetick , by vertue whereof the exact number of words may be known ; because that number must comprehend all the combinations that Letters can have with one another : and this cannot be done , if any letter be wanting ; and consequently , by no Alphabet as yet framed , wherein ( as I have already said in the twelfth Article ) there is a dificiencie of many letters . 57. The Universal Alphabet therefore must be first conceived , before the exactness of that computation can be attained unto . 58. Then is it , when having couched an Alphabet materiative of all the words the mouth of man , with its whole implements , is able to pronounce , and bringing all these words within the systeme of a Language , which , by reason of its logopandocie , may deservedly be intituled The Vniversal Tongue , that nothing will better merit the labour of a Grammatical Arithmetician , then , after due enumeration , hinc inde , to appariate the words of the Universal Language with the things of the Universe . 59. The analogie therein 'twixt the signe and thing signified holding the more exactly , that as , according to Aristotle , there can be no more worlds but one , because all the matter whereof worlds can be composed , is in this : so can there be no Universal Language , but this I am about to divulge unto the world , because all the words enuncible are in it contained . 60. If any officious Critick will run to the omnipotencie of God for framing more worlds , ( according to the common saying , Nothing is impossible to God , that implies not a contradiction ) so he must have recourse to the same omnipotent power for furnishing of man with other speech-tools then his tongue , throat , roof of the mouth , lips , and teeth , before the contexture of another Universal Language can be warped . 61. That I should hit upon the invention of that , for the furtherance of Philosophy , and other Disciplines and Arts , which never hitherto hath been so much as thought upon by any ; and that in a matter of so great extent , as the expressing of all the things in the world , both in themselves , actions , ways of doing , situation , pendicles , relations , connexions , pathetick interpositions , and all other appurtenances to a perfect elocution , without being beholding to any Language in the world ; insomuch as one word will hardly be believed by our fidimplicitary Gown-men , who , satisfied with their predecessors contrivances , and taking all things literally , without examination , blate rate , to the nauseating even of vulgar ears , those exotick Proverbs , There is no new thing under the sun , Nihil dictum quod non dictum prius , and Beware of Philosophers ; authoridating this on Paul , the first on Solomon , and the other on Terence . 62. But , poor souls , they understand not that in the passage of Solomon is meant , that there is no innovation in the essence of natural things ; all transmutations on the same matter , being into formes , which , as they differ from some , so have an essential uniformity with others preexistent in the same kind . 63. And when it was said by Paul , Beware of Philosophers , he meant such Sophisters as themselves , who under the vizzard of I know not what , corrupt the chanels of the truth , and pervert all Philosophy and Learning . 64. As for the sayings of Terence , whether Scipio couched them , or himself , they ought to be inferred rather as testimonies of neat Latine , then for asserting of infallible verities . 65. If there hath been no new thing under the Sun , according to the adulterate sense of those Pristinary Lobcocks , How comes the invention of Syllogisms to be attributed to Aristotle , that of the Sphere to Archimedes , and Logarithms to Neper ? It was not Swart , then , and Gertudenburg , that found out Gunpowder and the Art of Printing ; for these two men lived after the decease of Solomon . 66. Had there been Canon in Solomons dayes , Rehoboam ( by all appearance ) would have made use of them for the recovery of his inheritance ; nor had some mention of Artillery been omitted in the Books of the Mac●habees . 67. Pancorola's Treatise de novis adimpertis ( although Polydor Virgil were totally forgot ) would be had there been no new thing since Solomon penn'd Ecclesiastes , but as a discourse of Platonick reminiscences , and calling to minde some formerly-lost fancies . 68. Truly , I am so far from being of the opinion of those Archaeomanetick Coxcombs , that I really think , there will alwayes be new inventions , where there are excellent spirits . 69. For as I ascribe unto my self the invention of the Trissote●rail Trigonometry , for facility of calculation by representatives of letters and syllables ; the proving of the equipollencie and opposition both of plaine and modal enunciations by rules of Geometry , the unfolding of the chiefest part of Philosophy by a continuated Geographical allegory ; and above a hundred other several books on different subjects , the conceit of so much as one whereof never entered into the braines of any before my self ( although many of them have been lost at Worcester-fight : ) so am I confident , that others after me , may fall upon some straine of another kind , never , before that , dreamed upon by those of foregoing ages . 70. Now to the end the reader may be more enamored of the Language , wherein I am to publish a Grammer and Lexicon , I will here set down some few qualities and advantages peculiar to it self , and which no Language else ( although all other concurred with it ) is able to reach unto . 71. First , There is not a word utterable by the mouth of man , which in this language hath not a peculiar signification by it self ; so that the allegation of Bliteri by the Summulists , will be of small validity . 72. Secondly , Such as will harken to my instructions , if some strange word be proposed to them , whereof there are many thousands of millions , deviseable by the wit of man , which never hitherto by any breathing have been uttered , shall be able , although he know not the ultimate signification thereof , to declare what part of speech it is ; or if a noune , unto what predicament or class it is to be reduced ; whether it be the signe of a real or notional thing , or somewhat concerning mechanick Trades in their Tooles , or tearmes ; or if real , whether natural or artificial , compleat , or incompleat ; for words here do suppone for the things which they signifie ; as when we see my Lord Generals picture , we say , there is my Lord General , 73. Thirdly , This world of words hath but two hundred and fifty prime radices , upon which all the rest are branched : for better understanding whereof , with all its dependant boughs , sprigs , and ramelets ; I have before my Lexicon set down the division thereof ( making use of another allegory ) into so many Cities , which are subdivided into streets , they againe into lanes , those into houses , these into stories ; whereof each room standeth for a word ; and all these so methodically , that who observeth my precepts thereanent , shall at the first hearing of a word , know to what City it belongeth , and consequently not be ignorant of some general signification thereof , till after a most exact prying into all its letters , finding the street , lane , house , story , and room thereby denotated , he punctually hit upon the very proper thing it represents in its most specifical signification . 74. Fourthly , By vertue of adjectitious syllabicals annexible to Nouns and Verbs , there will arise of several words , what compound , what derivative , belonging in this Language to one Noune or to one Verb alone , a greater number then doth pertaine to all the parts of speech , in the most copious Language in the world besides . 75. Fifthly , So great energy to every meanest constitutive part of a word in this Language is appropriated , that one word thereof , though but of seven syllables at most shal comprehend that which no Language else in the world is able to express in fewer then fourscore and fifteen several words ; and that not only a word here and there for masteries sake , but several millions of such ; which , to any initiated in the rudiments of my Grammer , shall be easie to frame . 76. Sixthly , In the cases of all the declinable parts of speech , it surpasseth all other Languages whatsoever : for whilst others have but five or six at most , it hath ten , besides the nominative . 77. Seventhly , There is none of the learned Languages , but hath store of Nouns defective of some case or other ; but in this Language there is no Heteroclite in any declinable word , nor redundancie or deficiency of cases . 78. Eighthly , Every word capable of number , is better provided therewith in this Language , then by any other : for in stead of two or three numbers which others have , this afafordeth you four ; to wit , the singular , dual , plural , and redual . 79. Ninthly , It is not in this as other Languages , wherein some words lack one number , and some another : for here each casitive or personal part of speech is endued with all the numbers . 80. Tenthly , In this Tongue there are eleven genders ; wherein likewise it exceedeth all other Languages . 81. Eleventhly , Verbs , Mongrels , Participles , and Hybrids , have all of them ten Tenses , besides the present ; which number , no Language else is able to attaine to . 82. Twelfthly , Though there be many conjugable words in other Languages defective of Tenses , yet doth this Tongue allow of no such anomaly , but granteth all to each . 83. Thirteenthly , In lieu of six Moods which other Languages have at most , this one injoyeth seven in its conjugable words . 84. Fourteenthly , Verbs here , or other conjugable parts of speech , admit of no want of Moodes , as doe other Languages . 85. Fifteenthly , in this Language , the Verbs and Participles have four voices , although it was never heard that ever any other Language had above three . 86. Sixteenthly , No other Tongue hath above eight or nine parts of speech ; but this hath twelve . 87. Seventeenthly , For variety of diction in each part of speech , it surmounteth all the Languages in the world . 88. Eighteenthly , Each Noun thereof , or Verb , may begin or end with a Vowel or Consonant , as to the peruser shall seem most expedient . 89. Nineteenthly , Every word of this Language declinable or indeclinable hath at least ten several synomyma's . 90. Twentiethly , each of these synomyma's , in some circumstance of the signification , differeth from the rest . 91. One and twentiethly , Every faculty , science , art , trade , or discipline , requiring many words for expression of the knowledge thereof , hath each its respective root from whence all the words thereto belonging are derived . 92. Two and twentiethly , In this Language the opposite members of a division have usually the same letters in the words which signifie them ; the initial and final letter being all one ▪ with a transmutation only in the middle ones . 93. Three and twentiethly , every word in this Language signifieth as well backward as forward ; and how ever you invert the letters , still shall you fall upon significant words : whereby a wonderful facility is obtained in making of Anagrams . 94. Four and twentiethly , there is no Language in the world , but for every word thereof , it will afford you another of the same signification , of equal syllables with it , and beginning or ending , or both , with vowels or consonants as it doth . 95. Five and twentiethly , by vertue hereof , there is no Hexameter , Elegiack , Saphick , Asclepiad , Iambick , or any other kind of Latine or Greek verse , but I will afford you another in this Language of the same sort , without a syllable more or less in the one then the other , Spondae answering to Spondae , dactil to dactil , caesure to caesure , and each foot to other , with all uniformity imaginable . 96. Six and twentiethly , as it trotteth easily with metrical feet , so at the end of the career of each line , hath it the dexterity , after the maner of our English and other vernaculary Tongues , to stop with the closure of a rime ; in the framing whereof , the well-versed in that Language shall have so little labour , that for every word therein he shall be able to furnish at least five hundred several monosyllables of the same termination with it . 97. Seven and twentiethly , in translating verses of any vernaculary Tongue , such as Italian , French , Spanish , Slavonian , Dutch , Irish , English , or whatever it be , it affords you of the same signification , syllable for syllable , and in the closure of each line a ryme , as in the original . 98. Eight and twentiethly , by this Language , and the letters thereof , we may do such admirable feats in numbers , that no cyfering can reach its compendiousness : for whereas the ordinary way of numbring by thousands of thousands of thousands of thousands , doth but confuse the hearers understanding ; to remedy which , I devised ; even by cyfering it self , a far more exact maner of numeration , as in the Treatise of Arithmetick which I have ready for the press , is evidently apparent ; This Language affordeth so concise words for numbering , that the number for setting down , whereof would , require in vulgar Arithmetick , more figures in a row then there might be grains of sand containable from the center of the earth , to the highest heavens , is in it expressed by two letters . 99. Nine and twentiethly , what rational Logarithms do by writing , this Language doth by heart ; and , by adding of letters , shall multiply numbers ; which is a most exquisite secret . 100. Thirtiethly , the digits are expressed by vowels , and the consonants stand for all the results of the Cephalisme , from ten to eighty one , inclusively ; whereby many pretty Arithmetical tricks are performed . 101. One and thirtiethly , in the denomination of the fixed Stars , it affordeth the most significant way imaginary : for by the single word alone which represents the Star , you shall know the magnitude , together with the longitude and latitude , both in degrees and minutes of the Star that is expressed by it . 102. Two and thirtiethly by one word in this Language , we shall understand what degree , or what minute of the degree of a signe in the Zodiake , the Sun or Moon , or any other planet is in . 103. Three and thirtiethly , as for the yeer of God , the moneth of that yeer , week of the moneth , day of that week , partition of the day , hour of that partition , quarter and half quarter of the hour , a word of one syllable in this Language will express it all to the full . 104. Four and thirtiethly , In this Language , also , words expressive of herbs , represent unto us with what degree of cold , moisture , heat , or driness they are qualified ; together with some other property distinguishing them from other herbs . 105. Five and thirtiethly , In matter of Colours , we shall learn by words in this Language the proportion of light , shadow , or darkness commixed in them . 106. Six and thirtiethly , In the composition of syllables by vowels and consonants , it affordeth the aptest words that can be imagined , for expressing how many vowels and consonants any syllable is compounded of , and how placed in priority and situation to one another . Which secret in this Language , is exceeding necessary , for understanding the vigour of derivatives in their variety of signification . 107. Seven and thirtiethly , for attaining to that dexterity which Mithridates King of Pontus was said to have , in calling all his souldiers of an Army of threescore thousand men , by their names and surnames , this Language will be so convenient , that if a General , according to the Rules thereof , will give new names to his souldiers , whether Horse , Foot , or Dragoons , as the French use to do to their Infantry by their noms de guerre ; he shall be able , at the first hearing of the word that represents the name of a souldier , to know of what Brigade , Regiment , Troop , Company , Squadron or Division he is ; and whether he be of the Cavalry , or of the Foot ; a single Souldier , or an Officer , or belonging to the Artill●●y or Baggage : Which device , in my opinion , is not unuseful for those great Captains that would endear themselves in the favour of the Souldiery . 108. Eight and thirtiethly , in the contexture of nouns , pronouns , and preposital articles united together , it administreth many wonderful varieties of Laconick expressions ; as in the Grammar thereof shall more at large be made known unto you . 109. Nine and thirtiethly , every word in this Language is significative of a number ; because , as words may be increased by addition of letters and syllables ; so of numbers is there a progress in infinitum . 110. Fourtiethly , In this Language every number , how great soever , may be expressed by one single word . 111. One and fourtiethly , As every number essentially differeth from another , so shall the words expressive of several numbers , be from one another distinguished . 112. Two and fourtiethly . No Language but this hath in its words the whole number of letters , that is , ten vowels , and five and twenty consonants ; by which means there is no word escapes the latitude thereof . 113. Three and fourtiethly , As its interjections are more numerous , so are they m●●… emphatical in their respective expression of passions , then that part of speech is in any other Language whatsoever . 114. Four and fourtiethly , The more syllables there be in any one word of this Language , the manyer several significations it hath : with which propriety no other Language is endowed . 115. Five and fourtiethly , All the several genders in this Language , are as well competent to verbs as nouns : by vertue whereof , at the first uttering of a verb in the active voice , you shall know whether it be a god , a goddess , a man , a woman , a beast , or any thing inanimate , ( and so thorow the other five genders ) that doth the action : which excellencie is altogether peculiar unto this Language . 116. Six and fourtiethly , In this Language there is an art , out of every word , of what kinde of speech soever it be , to frame a verb ; whereby , for expressing all manner of actions , a great facility is attained unto . 117. Seven and fourtiethly , To all manner of verbs , and many syncategorematical words , is allowed in this Language a flexion by Cases , unknown to other Tongues , thereby to represent unto our understandings more compendious expressions then is possible to afford by any other means . 118. Eight & fortiethly , Of all Languages , this is the most compendious in complement , & consequently , fittest for Courtiers and Ladies . 119. Nine and fourtiethly , For writing of Missives , Letters of State , and all other manner of Epistles , whether serious or otherways , it affordeth the compactest stile of any Language in the world ; and therefore , of all other , the most requisite to be learned by Statesmen and Merchants . 120. Fiftiethly , No Language in matter of Prayer and Ejaculations to Almighty God , is able , for conciseness of expression , to compare with it ; and therefore , of all other , the most fit for the use of Church-men , and spirits inclined to devotion . 121. One and fiftiethly , This Language hath a modification of the tense , whether present , preterite , or future , of so curious invention for couching much matter in few words , that no other Language ever had the like . 122. Two and fiftiethly , There is not a proper name in any Country of the world , for which this Language affords not a peculiar word , without being beholding to any other . 123. Three and fiftiethly , In many thousands of words belonging to this Language , there is not a Letter which hath not a peculiar signification by it self . 124. Four and fiftiethly , The polysyllables of this Language do all of them signifie by their monosyllables ; which no word in any other Language doth , ex instituto , but the compound ones : for though the syllabical parts of exlex separately signifie as in the compound ; yet those of homo do it not , nor yet those of dote , or domus , as in the whole : and so it is in all other Languages except the same : for there are in the Italian and Latine Tongues words of ten , eleven , or twelve syllables , whereof not one syllable by it self doth signifie any thing at all in that Language , of what it doth in the whole ; as adole scenturiatissimamente , honorificic abilitudini tatibus , &c. 125. Five and fiftiethly , all the Languages in the world will be beholding to this , and this to none . 126. Six and fiftiethly , there is yet another wonder in this Language , which although a little touched by the by in the fifty eighth article of this preface , I will mention yet once more ; and it is this , That though this language have advantage of all other , it is impossible any other in time coming surpass it , because , as I have already said , it comprehendeth , first , all words expressible ; and then , in matter of the obliquity of cases and tenses , the contrivance of indeclinable parts , and right disposure of vowels and consonants , for distinguishing of various significations within the latitude of letters , cannot be afforded a way so expedient . 127. Seven and fiftiethly , the greatest wonder of all , is , that of all the Languages in the world , it is the easiest to learn ; a boy of ten yeers old , being able to attaine to the knowledge thereof , in three moneths space ; because there are in it many facilitations for the memory , which no other Language hath but it self . 128. Eight and fiftiethly , sooner shall one reach the understanding of things to be signified by the words of this Language , then by those of any other , for that as Logarithms in comparison of absolute numbers , so do the words thereof in their initials respectively vary according to the nature of the things which they signifie . 129. Nine and fiftiethly , for pithiness of proverbs , oracles , and sentences , no Language can parallel with it . 130. Sixtiethly , in Axioms , Maximes , and Aphorismes , it is excellent above all other Languages . 131. One and Sixtiethly , for definitions , divisions , and distinctions , no Language is so apt . 132. Two and sixtiethly , for the affirmation , negotation , and infinitation of propositions , it hath proprieties unknown to any other Language , most necessary for knowledge . 133. Three and sixtiethly , in matter of Enthymems , Syllogisms , and all manner of Illative ratiocination , it is the most compendious in the world . 134. Besides these sixty and three advantages above all other Languages , I might have couched thrice as many more , of no less consideration then the aforesaid , but that these same will suffice to sharpen the longing of the generous reader , after the intrinsecal and most researched secrets of the new Grammer and Lexicon which I am to evulge . TO contrive a Language of this perfection , will be thought by the primest wits of this age , a work of a great undertaking ; and that the promover of so excellent an invention , should not lack for any encouragement , tending to the accomplishment of a task of such maine concernment . If any say there are too many Languages already , and that by their multiplicity and confusion , the knowledge of things having been much retarded , this fabrick of a new one may be well forborn , because it would but intangle the minde with more impestrements , where there was too much difficulty before : I answer , that this maketh not one more , but in a manner comprehendeth all in it ; whereby it facilitates , and doth not obstruct : for by making Greek , Latin , and all the other learned Languages the more expressive , it furthers the progress of all Arts and Sciences , to the attaining whereof , the uttering of our conceptions in due and significant tearms , hath , by some of the most literate men in former ages , been esteemed so exceeding requisite , that for attributing a kind of necessity thereunto , they are till this houre called by the name of Nominal Philosophers ; it being thus very apparent to any well affected to literature , that the performance of such a designe would be of a great expediency for scholars : equity it self seemeth to plead , that unto him by whom a benefit redounds to many , is competent by many a proportionable retribution : yet seeing nothing ought to be charged on the publick , but upon considerations of great weight ; I will premise some few infallible principles , that upon them the world may see , how demonstratively are grounded the Authors most reasonable demands . 1. EAch good thing is desirable , because goodnesse is the object of the will. 2. Every thing that ought to be desired , is really good ; because a well-directed will is not deceived with appearances . 3. The better a thing be , the more it is to be desired ; because there is a proportion betwixt the object and the faculty . 4. The mind is better then the body ; because by it we are the image of God. 5. The goods of the minde are better then those of the body ; because they give embellishment to the nobler part . 6. The goods of either minde or body are better then wealth ; because wealth is but subservient to either , and the end is more noble then the means which are ordained for it . 7. Learning is the good of the minde ; because it beautiefith it . 8. This new Language is an invention full of learning ; because the knowledge of all Arts and Disciplines is much advanced by it . 9. A discovery is the revealment of some good thing , which formerly was either concealed , or not at all known ; for in a discovery two things are requisite ; first , that it be good ; secondly , that it be revealed . 10. Who discovereth a secret of money , should have the fifth or third part thereof ; because there is an Act of Parliament for it . 11. If there be any discovery in learning , the Act ought to extend to it ; because the State is endowed with a soul as well as a body . 12. This new-found-out invention is a discovery of learning ; because the two requisita's of a discovery , together with the description of learning , are competent thereto . 13. Who discovereth most of the best good , deserveth the best recompense ; because merit and reward are Analogical in a proportion of the greater reward to the greater merit . 14. Though mony be not proportionable to learning , yet seeing the learned man may have need of money , he should not lack it ; if not as a full recompence , at least as a donative or largess , should it be given unto him , in testimony of his worth , and the respect of others toward him , & withal to encourage him the more to eminent undertakings : for were it otherwise , the more deserving a man were , the worse he would be used ; there being nothing so unreasonable , as to refuse a little to any that stands in need thereof , because a great deal more is due unto him : as if in time of famine , there being no more but one peny-loaf to give unto a Prince , he should be made starve for the want of it , because of his deserving better fare : For , that which comprehends the more , comprehendeth the less . 15. In matter of recompence for good things proceeding from the minde , which in in the midst of flames cannot be conquered , and by vertue whereof a gallant man is alwayes free , and invincible in his better part , we ought altogether to prescind and abstract from the conditions of the native country , and person of the deserver , whether that be fertil , or barren ; or this , at liberty or indurance ; for these being things quae non fecimus ipsi , we ought to say , Vix ea nostra voco : and therefore seeing punishment and reward should attend the performance of nothing else , but what did lye in our power to do , or not to do ; and that the specifying of good or bad actions , dependeth upon the qualification of the intention ; no man should be either punished , or rewarded , for being either a Scotish man , or a prisoner , or both , if no other reason concur therewith ; because the country of our birth , and state of our person , as being oftentimes the effects of a good or bad fortune , are not alwayes in our power to command . 16. If by means of the aforesaid discovery , may be effectuated the saving of great charges to the subjects of the land , a pecunial or praedial recompense will ( in so far ) be very answerable to the nature of that service : because in matter of merit , and the reward proportionable thereunto , money is with money , and things vendible , no less homogeneal , then honor with vertue . 17. The State no doubt will deal proportionably with their prisoners of war , without prosopolepsie , or any respect to one more then another ; and that by a geometrical equity , because it is just . 18. The State assuredly will grant the same freedom to one prisoner ( caeteris paribus ) which they do to another , and upon the same terms , those of a like condition not being unequally faulty ; because they will not be unjust . 19. If any one prisoner of a like condition and quality , at the least ( in caeteris ) with another that hath obtained his liberty , represent to the publick somewhat conducible thereunto , which the other is not versed in , common equity requireth , that he have a compensation sutable to that additional endowment ; for , si ab inaequalibus aequalia demas , quae restant sunt aequalia ; and the Act for discoveries maintaines the truth thereof . 20. Though it be commonly maintained amongst the Protestants , that we cannot supererogate towards Almighty God , ( albeit those of the Romish faith be of another opinion ) for that God cannot be unjust , how severely soever he inflict his afflictions ; and that all the favors he conferreth on mankind are of his meer grace , not our deserving : yet that a subject may be capable of supererogation towards any sublunary State or soveraignty , is not only agreeable with all the religions of the world ; but also a maine principle of humane society , and ground unalterable of politick Government ; for who transgresse not the limits of those good subjects , whose actions , thoughts , and words , shew at all times faithfulness , loyalty , and obedience to the soveraign power under which they live , are universally esteemed ( by so doing , to discharge their duty so to the full , that in reason no more can be required of them . If therefore it happen , besides this general bond of fidelity whereunto all the natives and inhabitants of a country are by their birth and protection inviolably ingaged , that any one more obliging then others , performe some singular good office , unto which he was not formerly tyed by the strictness of his allegiance , there is no doubt , but that the publick ( whom nature exempteth not from thankfulness , more then private persons ) should and will acknowledge such an action , exceeding the reach of his fellow-patriots and co-habitants , to be meritorious , and therefore worthy of recompense ; upon which consideration , according to the peoples diversity of carriage , in the well or ill demeaning of themselves , are built the two maine pillars of reward and punishment , without which the strongest Commonwealth on earth on earth is not able to subsist long from falling to peices . That it is so , I appeal to Scipio , who ( with the approbation of all that lived since his dayes ) exclaimed against Rome , in these words , O ingratam patriam ! as likewise to those many great Statesmen and Philosophers , who from age to age twitted the Athenians with ingratitude for the ostracizing of Aristides ; for if humane frailties were not incident to Princes , States , and Incorporations , as well as unto individuals in their single and private callings , and particular deportments ; there would never be any need of protestations , declarations , or defensive war against the Tyranny , usurpations , and oppressions of misrule . Hence do I think that in a well pollished State , reward will not be wanting to him that merits it for his good service ; because punishment , by the Law , attends the offender ; and contrariorum eadem est ratio . 21. It is acknowledged by the laws and customs of this Island , that the subjects thereof have a right of propriety to their goods , notwithstanding the titles of dominion and supremacy remaining in the persons of others above them ; and that if for erecting a Castle , Fort , Church , Hospital , Colledge , Hall , Magazine , or any other kind of edifice tending to publike use , the State should be pleased to incroach upon the land of any private person , who doubteth but that such a man ( of how mean soever a condition he be ) will in justice be heard to give up , and require the full value of his land , that a compensation suitable to the worth thereof , may be allowed to him ? founding the equity of so just a retribution upon Ahabs case in Naboths vineyard . Now the soul and body of man being more a mans own ( they being the constitutive parts whereof Physically he is composed ) then are the goods of fortune , which totally are accidental to him , it follows clearly that a man hath a full right of propriety to the goods of his own mind , and consequently such goods being better ( as hath been evidenced by the sixth Axiome ) then any external means , what can be more manifest , than that he who is endowed with them ( so careful a course being taken for the satisfaction of any in matter of outward wealth ) may at the best rate he can , capitulate for their disposal , with what persons he thinks most concerned in the benefits and utility by them accrescing ; because it is an argument a minore ad majus , and therefore a fortiori . 22. If such a one nevertheless voluntarily accept of a lesser recompence , then by his deserving he may claim right unto , he is not unjustly dealt with ; quia volenti non fit injuria , and pactum hominis tollit conditionē legis . These specious Axiomes , Definitions , and uncontroulable Maximes thus premised , I must make bold , in behalf of the Author , to deduce from thence the equity of his desires , in demanding that the same Inheritance , which for these several hundreds of yeers , through a great many Progenitors , hath by his ancestors , without the interruption of any other , been possest , be now fully devolved on him , with the same Priviledges and Immunities , in all things , as they enjoyed it . But , the better to make appear his ingenuity in this his suit , and modestie in requiring no more , it is expedient to declare what it is he offereth unto the State , for obliging them to vouchsafe him the grant of no less . May the Reader therefore be pleased to understand , that it is the discovery of a secret in Learning , which , besides the great contentment it cannot chuse but yeeld to ingenious spirits , will afford a huge benefit to Students of all sorts , by the abridgement of their studies , in making them learn more in three yeers , with the help thereof , then , without it , in the space of five . This saving of two yeers charges to Scholars in such a vast Dominion as this is , although I speak nothing of the sparing of so much time , ( which , to a methodical wit of any pregnancie , is a menage of an inestimable value ) cannot be appreciated , how parsimonious soever they be in their diet and apparel , ) at less then ten thousand pounds English a yeer . That this is a secret , it is clear by this , That never any , since the laying of the foundations of the earth , did so much as divulge a syllable thereof ; which undoubtedly they would have done , had they had any knowledge therein . And that none now living ( be it spoken without disparagement of any ) either knoweth it , or knoweth how to go about it , save the aforesaid Author alone , who is willing to forfeit all he demands ( although by birth-right it be his own already , and worth neer upon a thousands pounds sterlin a yeer ) if , without his help , any breathing ( notwithstanding the instructions may possibly be had by his lost Papers , and by what in the preceding Articles hath been in this little Tractate promulgated ) shall , within half a yeer after the date hereof , give any apparent testimony to the world , that he hath any insight in this invention . Which , that it is good and desirable , is evident by the first and second Axiomes : and that it is a Discovery , and a discovery of Learning , by the ninth and twelfth : that the discovery of a matter of less moment then it , deserveth great sums of money , is manifest by the tenth and thirteenth : and that a retribution of great value should attend the disclosure of so prime a secret , by the eleventh and fourteenth : that the knowledge of this Invention is of more worth then either Strength or Wealth , is proved by the fifth and sixth : and that it is more to be desired then any thing that is at the disposure of Fortune , by the third and fourth : that it doth promove Reason , illuminate the Judgement , further and improve Literature , by polishing and imbellishing the inward abilities of man , and faculties of his minde , is clear by the seventh and eighth . Thus much of the Invention , or thing invented ; which ( as the fruit is to be accounted of less worth then the tree , which yeerly produceth the like ; cistern-water , that daily diminisheth , then that of a fountain , which is inexhaustible ; and a hay-mow , then the meaiudow on which it grew ) being ( as in reason It ought ) to be estimated at a rate much inferioasir to the Inventer , from whose brains have , ●●ready issued off-springs every whit as con●●derable , with parturiencie for greater births if a malevolent time disobstetricate not their e●…ixibility , it followeth of necessity that he shou●d reap the benefit that is due for the Invention , with hopes of a higher remuneration for what of the like nature remaineth as yet unsatisfied . And although his being a Scot , and a prisoner of War , may perhaps ( in the opinion of some ) eclipse the splendor of so great an expectation ; yet that it should not , is most perspicuously evinced by the fifteenth Axiome . That he is a Scot , he denieth not ; but that he thereby meriteth to be either praised or dispraised , is utterly to be disavowed , because it lay not in his power to appoint localities for his mothers residence at the time of his nativity , or to enact any thing before he had a being himself . True it is , that nothing is more usual in speech , then to blame all , for the fault of the greater part ; and to twit a whole Country with that vice , to which most of its inhabitants are inclined . Hence have we these sayings : The Spaniards are proud , The French inconstant , The Italians lecherous , The Cretians lyers , The Sicilians false , The Asiaticks effeminate , The Crovats cruel , The Dutch temuleucious , The Polonians quarrelsome , The Saxons mutinous ; and so forth thorow other Territories , nurseries of enormities of another kinde : although nothing be more certain , then that there are some Spaniards as humble , French as constant , Italians chaste , Cretians true , Sicilians ingenuous , Asiaticks warlike , Crovates merciful , Dutch sober , Polonians peaceable , and some Saxons as loyal , as any in the world besides . By which account , all forreigners ( for such are all the inhabitants on the earth , in relation to those that are not their compatriots ) yeelding to the most and some of each stranger-Land , in its respective vice and vertue ; it may safely be avouched , that there is under the sun no National fault , nor National deserving , whereby all merit to be punished , or all rewarded ; because the badness of most in each , destroys the universality of vertue ; and the good inclination of some in all , cuts off the generality of vice . But to come neerer home : seeing Scotland was never loaded with so much disreputation , for Covetousness and Hypocrisie , as it is at this present ; and that the Knight for whom this Treatise is intended , hath , as a Patriot , some interest in the good name thereof ; it is not amiss , that , for the love of him and all honest Scots , I glance a little at the occasion ( if not the cause ) of so heavie an imputation ; especially that Country having been aspersed therewith , long before it had sustained the loss of any Battel , wherein the several miscarriages looked rather like the effect of what formerly had procured the said reproach , then any way as the causes thereof : for where Covetousness is predominant , Fidelity , Fortitude , and Vigilancie , must needs discamp , if Mammona give the word : the concomitancie of Vices ( seeing contrariorum eadem est ratio ) being a sequele from that infallible tenet in the Morals , the concatenation of vertues . How this Covetousness , under the mask of Religion , took such deep root in that Land , was one way occasioned by some Ministers , who , to augment their stipends , and cram their bags full of money , thought fit to possess the mindes of the people with a strong opinion of their sanctity , and implicite obedience to their Injunctions : to which effect , most rigidly Israelitizing it in their Synagogical Sanhedrius , and officiously bragging in their Pulpits ( even when Scotland , by divers notorious calamities of both Sword , Plague , and Famine , was brought very lowe ) that no Nation ( for being likest to the Jews of any other ) was so glorious as it ; they , with a Pharisaical superciliosity , would always rebuke the non-Covenanters and Sectaries as Publicans and sinners , unfit for the purity of their conversation , unless , by the malignancie or over-mastering power of a cross winde , they should be forced to cale the hypocritical bunt , let fall the top-gallant of their counterfeit devotion , and tackling about , to sail a quite contrary course , ( as many of them have already done ) the better at last to cast anchor in the harbour of Profit , which is the Butt they aimed at , and sole period of all their dissimulations . For I have known some , even of the most rigid zealots , who , rather then to forgo their present emoluments , by continual receiving , and never erogating ; by never sowing , and always reaping ; and by making the sterility of all men prove fruitful to them , and their fertility barren to all ▪ Would wish Presbytery were of as empty a sound , as it s homaeoteleft , Blitery ; and the Covenant , which asserts it no less exploded from all Ecclesiastical Societies , then Plautus exolet phrases have been from the eloquent orations of Ciceron . But this affecting only a part of the Tribe of Levi , how the remainder of new Palestine ( as the kirkomanetick Philarchaists would have it called ) comes to be upbraided with the same opprobry of covetousness , is that which I am so heartily sorry for , that to wipe of its obloquy , I would undertake a pilgrimage to old Judea , visit the ruines of Jerusalem , and trace the foot-steps of Zodekiahs fellow-captives to the gates of Rabylon . Yet did this so great an inconvenience proceed meerly from an incogitancy , in not taking heed to what is prescribed by Prudence the directress of all vertues , ) and consequently of that which moderates the actions of giving and receiving ; ( although it be nobilius dare quam accipere ; the non-vitiosity whereof , by her injunctions , dependeth on the judicious observing of all the circumstances mentioned in this Mnemoneutick Hexameter Quis , quid , ubi , quibus auxiliis , cur , quomodo ' quando , whose last particle , by the untimely taking of a just debt , and unseasonable receiving of what at another time might have been lawfully required , being too carelesly regarded by the State and Milice of that country , gave occasion to this contumely ; the staine whereof remaineth still , notwithstanding the loss in money ( besides other prejudices ) sustained since , of ten times more then they got . I heard once a Maronite Jew to vindicate the reputation of the family and village of the Iscariots , in which he pretended to have some interest , very seriously relate , that according to the opinion of Rabbi Ezra , the thirty peeces of silver delivered to Judas , was but the same sum which , long before that , when Christ went up from Galilee to celebrate the feast of tabernacles at Jerusalem , Malchus the servant of Caiaphas had borrowed from him ( whilst he had the charge of his Masters bag ) with assurance punctually to repay it him again , at the subsequent term of the passover , as the fashion was then amongst the inhabitants of Judea : but although it were so ( which we are not bound to give ear to , because it is plainly set down in the fifth verse of the two and twentieth Chapter of the Evangile according to Saint Luke , that the high priests made a Covenant with Judas ) yet should he not have received the mony in the very nick of the time that his master was to be apprehended . This I the rather believe , for that I likewise heard a Minister say , that he offends God who stretcheth forth his hand to take in the payment of any debt ( how just soever it be ) upon a Sunday ; and that though a purse full of gold were offered unto himself , whilst he is a preaching in the Pulpit , he would refuse it . These collateral instances I introduce , not for application , but illustration sake ; not for comparison , but explication of the congruent adapting of necessary puntilio's for the framing of a vertuous action . Another thing there is that fixeth a grievous scandal upon that Nation , in matter of philargyrie , or love of money ; and it is this : There hath been in London , and repairing to it , for these many yeers together , a knot of Scotish bankers , collybists , or coinecoursers , of trasfickers in Merchandise to and againe , and of men of other professions , who by hook and crook , fas & nefas , slight and might ( all being as fish their net could catch ) having feathered their nests to some purpose , look so idolatrously upon their Dagon of wealth , and so closely ( like the earths dull center ) hug all unto themselves ; that , for no respect of vertue , honor , kinred , patriotism , or whatever else ( be it never so recommendable , will they depart from so much as one single peny , whose emission doth not , without any hazard of loss , in a very short time superlucrate beyond all conscience an additionall increase , to the heap of that stock which they so much adore : which churlish and tenacious humor , hath made many , that were not acquainted with any else of that country , to imagine all their compatriots infected with the same leprosie of a wretched peevishness ; whereof those quomodocunquizing clusterfists and rapacious varlets have given of late such cannibal-like proofs , by their inhumanity and obdurate carriage towards some ( whose shoos-strings they are not worthy to unty ) that were it not that a more able pen then mine , will assuredly not faile to jerk them on all sides , in case , by their better demeanor for the future , they endeavor not to wipe off the blot , wherewith their native country by their sordid avarice , and miserable baseness hath been so foully stained ; I would at this very instant blaze them out in their names and surnames , notwithstanding the vizard of Presbyterian zeal wherewith they maske themselves ; that like so many Wolves Foxes , or Athenian Tim●ns , they might in all times coming , be debarred the benefit of any honest conversation . Thus is it perceptible how usual it is , from the irregularity of a few , to conclude an universal defection ; and that the whole is faulty , because a part is not right ; there being in it a fallacy of induction , as if because this , that and the other are both greedy and dissembling , that therefore all other their country-men are such : which will no wayes follow , if any one of these others be free from those vices ; for that one particular negative ( by the rules of contradictory opposites ) will destroy an universal affirmative ; and of such there are many thousands in that Nation , who are neither greedy nor dissemblers . And so would all the rest , if a joint and unanimous course were taken to have their noblemen free from baseness , their Church-men from avarice , their Merchants from deceit , their gentlemen from pusillanimity , their Lawyers from prevarication , their Tradesmen from idleness , their Farmers from lying , their young men from pride , their old men from morosity , their rich from hard heartednes their poor from theeving , their great ones from faction , their meaner sort from implicit Sectatorship , the Magistrates from injustice , the Clients from litigiousness , and all of them from dishonesty , and disrespect of learning ; which , though but negatives of vertue , and ( at best ) but the ultimum non esse of vice , would nevertheless go near to restore the good fame of that country to its pristine integrity ; the report whereof was raised to so high a pitch of old , that in a book in the last edition of a pretty bulk , written in the Latine Tongue by one Dempster , there is mention made , what for armes and arts , of at least five thousand Illustrious men of Scotland , the last liver whereof dyed above fifty yeers ago . Nor did their succession so far degenerate from the race of so worthy progenitors , but that even of late ( although before the intestine garboyles of this Island ) several of them have for their fidelity , valor , and gallantry , been exceedingly renowned over all France , Spaine , the Venetian terriotries , Pole , Moscovy , the Low-countryes , Swedland , Hungary , Germany , Denmark , and other States and Kingdoms ; as may appear by General Ruddurford , my Lord General Sir James Spence of Wormiston , afterwards by the Swedish King created Earl of Orcholm ; Sir Patrick Ruven Governor of Vlme , General of an Army of High-Germans , and afterwards Earl of Forth and Branford ; Sir Alexander Leslie governor of the Cities along the Baltick coast , Field-marshal over the Army in Westphalia , and afterwards intituled Scoticani faederis supremus dux ; General James King , afterwards made Lord Ythen ; Colonel David Leslie Commander of a Regiment of Horse over the Dutch ; and afterwards in these our Domestick wars advanced to be Lieutenant-General of both Horse and Foot ; Major General Thomas Kar , Sir David Drumond General Major , and Governor of Statin in Pomer ; Sir George Douglas Colonel , and afterwards employed in Embassies betwixt the Soveraigns of Britain and Swedland ; Colonel George Lindsay , Earl of Craford ; Colonel Lord Forbas , Colonel Lord Sancomb , Colonel Lodowick Leslie , and in the late troubles at home , governor of Berwick , and Tinmouth-sheels ; Colonel Sir James Ramsey governor of Hanaw ; Colonel Alexander Ramsey governor of Crafzenach , and Quartermaster-General to the Duke of Wymar , Colonel William Bailif , afterwards in these our in testin broyls promoved to the charge of Lieutenant-General : another Colonel Ramsey , besides any of the former two , whose name I cannot hit upon ; Sir James Lumsden , Colonel in Germany , and afterwards governor of Newcastle , and General Major in the Scotish wars ; Sir George Cunningham , Sir John Ruven , Sir John Hamilton , Sir John Meldrum , Sir Arthur Forbas , Sir Frederick Hamilton , Sir James Hamilton , Sir Francis Ruven , Sir John Junes , Sir William Balantine ; and several other Knights , all Colonels of Horse or Foot in the Swedish wars . As likewise by Colonel Alexander Hamilton , agnamed dear Sandy , who afterwards in Scotland was made General of the Artillery , for that in some measure he had exerced the same charge in Dutchland , under the command of Marquis James Hamilton , whose Generalship over six thousand English in the Swedish service , I had almost forgot , by Colonel Robert Cunningham , Colonel Robert Monro of Fowls , Colonel Obstol Monro , Colonel Hector Monro , Colonel Robert Monro , lately General Major in Ireland , who wrote a book in folio , intituled Monroes Expedition ; Colonel Assen Monro , Colonel James Seaton , and Colonel James Seaton , Colonel John K●nindmond , Colonel John Vrquhart , who is a valiant souldier , expert Commander , and learned Scholar ; Colonel James Spence , Colonel Hugh Hamilton , Colonel Francis Sinclair , Colonel John Leslie of Wardes , Colonel John Leslie agnamed the Omnipotent , afterwards made Major General ; Colonel Robert Lumsden , Colonel Robert Leslie , Colonel William Gun , who afterwards in the yeer 1639. was knighted by King CHARLES , for his service done at the Bridge of Dee neer Aberdeen , against the Earl of Montross , by whom he was beaten ; Colonel George Colen , Colonel Crichtoun , Colonel Liddel , Colonel Armestrong , Colonel John Gordon , Colonel James Cochburne , Colonel Thomas Thomson , Colonel Thomas Kinindmond , Colonel James Johnston , Colonel Edward Iohnston , Colonel William Kinindmond , Colonel George Leslie , Colonel Robert Stuart , Colonel Alexander Forbas , agnamed the Bauld ; Colonel William Cunningham ; another Colonel Alexander Forbas , Colonel Alexander Leslie , Colonel Alexander Cunningham , Colonel Finess Forbas , Colonel David Edintoun , Colonel Sandilands , Colonel Walter Leckie , and divers other Scotish Colonels , what of Horse and Foot ( many whereof within a short space thereafter , attained to be general persons ) under the command of Gustavus the Caesaromastix ; who confided so much in the valour , loyalty , and discretion of the Scotish Nation , and they reciprocally in the gallantry , affection , and magnanimity of him , that immediately after the battel at Leipsich , in one place , and at one time , he had six and thirty Scotish Colonels about him ; whereof some did command a whole Brigad of Horse , some a Brigad composed of two Regiments , half Horse , half Foot ; and others a Brigade made up of Foot only , without Horse : some againe had the command of a Regiment of Horse only , without Foot : some of a Regiment of Horse alone , without more ; and others of a Regiment of Dragoons : the half of the names of which Colonels are not here inserted , though they were men of notable prowesse , and in Martial atchievements of most exquisite dextetity ; whose Regiments were commonly distinguished by the diversity of Nations , of which they were severally composed ; many Regiments of English , Scots , Danes , Sweds , Fins , Liflanders , Laplanders , High - Dutch , and other Nations serving in that confederate war of Germany under the command of Scotish Colonels . And besides these above-mentioned Colonels ( when any of the foresaid number either dyed of himself , was killed in the fields , required a pass for other countryes , or otherwise disposing of himself , did voluntarily demit his charge ( another usually of the same Nation succeeding in his place ) other as many moe Scotish Colonels ( for any thing I know ) as I have here set down , did serve in the same Swedish wars , under the conduct of the Duke of Wymar , Gustavus Horne , Baneer , and Torsisson , without reckoning amongst them , or any of the above-recited Officers , the number of more then threescore of the Scotish Nation , that were Governors of Cities , Townes , Citadels , Forts , and Castles in the respective conquered Provinces of the Dutch Empire . Denmark ( in my opinion ) cannot goodly forget the magnanimous exploits of Sir Donald Mackie Lord Reay , first , Colonel there and afterwards commander of a Brigade under the Swedish Standard ; nor yet of the Colonels of the name of Monro , and Henderson , in the service of that King ; as likewise of the Colonel Lord Spynay , and others ; besides ten Governors at least , all Scots , intrusted with the charge of the most especial strengths and holds of importance , that were within the confines of the Danish authority ; although no mention were made of exempt Mouat living in Birren , in whose judgment and fidelity , such trust is reposed , that he is as it were Vice-King of Norway : what obligation the State of France doth owe to the old Lord Colvil , Colonel of Horse ; the two Colonel Hepburnes , Sir Iohn Hepburn by name , and Colonel Heburn of Wachton , and Colonel Lord Iames Dowglas ( the last three whereof were Mareschaux de camp , and ( had they survived the respective day wherein they successively dyed in the bed of honor ) would undoubtedly very shortly after have been all of them made Mareschals of France , one of the highest preferments belonging to the Milice of that Nation ) is not unknown to those that are acquainted with the French affaires : and truly as for Sir Iohn Heburn ( albeit no mention was made of him in the List of Scots Officers in the Swedish service ) he had under Gustavus , the charge of a Brigad of Foot ; and so gallantly behaved himself at the battel of Leipsich , that unto him ( in so far as praise is due to man ) was attributed the honour of the day . Sir Andrew Gray , Sir Iohn Seatoun , Sir Iohn Fulerton the Earl of Irwin , Sir Patrick Morray , Colonel Erskin , Colonel Andrew Linsay , Colonel Mouat , Colonel Morison , Colonel Thomas Hume , Colonel John Forbas , Colonel Liviston , Colonel Iohn Leslie , ( besides a great many other Scots of their charge , condition , and quality ) were all Colonels under the pay of Lewis the thirteenth of France . Some of those also , though not listed in the former Roll , had , before they engaged themselves in the French employment , standing Regiments under the command of the Swedish King. The interest of France , Swedland , and Denmark , not being able to bound the valour of the Scotish nation within the limits of their Territories ; the several Expeditions into Hungary , Dalmatia , and Croatia , against the Turks ; into Transylvania against Bethleem Gabor , to Italy against the Venetians , and in Germany against Count Mansfield and the confederate Princes , can testifie the many Martial exploits of Colonel Sir John Henderson , Colonel William Johnston , ( who shortly thereafter did excellent service to this King of Portugal , and is a man of an upright minde , and a most undaunted courage ) Colonel Lithco , Colonel Wedderburne , Colonel Bruce , and of many other Colonels of that Country , whose names I know not ; but above all , the two eminent ones , Colonel Leslie , and Colonel Gordon ; the first whereof is made an hereditary Marquess of the Empire , and Colonel-General of the whole Infantry of all the Imperial Forces ; and the other gratified with the priviledge of the Golden Key , as a cognizance of his being raised to the dignity of High Chamberlain of the Emperours Court : which splendid and illustrious places of so sublime honour and preeminence , were deservedly conferred on them , for such extraordinary great services done by them for the weal and grandeur of the Caesarean Majesty , as did by far surpass the performance of any , to the Austrian family , now living in this Age. But lest the Emperour should brag too much of the gallantry of those Scots , above others of that Nation ; his cousin the King of Spaine , is able to outvie him , in the person of the ever-renowned Earl of Bodwel ; whose unparallel'd valour , so frequently tried in Scotland , France , Germany , the Low-Countries , Spain , Italy , and other parts , in a very short time began to be so redoubtable , that at last he became a terrour to all the most desperate Duellists and Bravo's of Europe , and a queller of the fury of the proudest Champions of his Age : for , all the innumerable Combats which he fought against both Turks and Christians , hoth on horse and foot , closed always with the death or subjection of the adversary ( of what degree or condition soever he might be ) that was so bold as to cope with and encounter him in that kinde of Hostility : the Gasconads of France , Rodomontads of Spain , Fanfaronads of Italy , and Bragadochio brags of all other Countries , could no more astonish his invincible heart , then would the cheeping of a Mouse a Bear robbed of her whelps . That warlike and strong Mahometan , who dared ( like another Goliah ) and appealled the stoutest and most valiant of the Christian faith , to enter the Lists with him , and fight in the defence of their Religion , was ( after many hundreds of galliant Christians had been foyled by him ) thrown dead to the ground by the vigour and dexterity of his hand . He would very often , ( in the presence of Ladies , whose intimate favourite he was ) to give some proof of the undantedness of his courage , by the meer activity of his body , with the help of a single sword , set upon a Lyon in his greatest fierceness , and kil'd him dead upon the place . For running , vaulting , jumping , throwing of the barr , and other such-like feats of nimbleness , strength , and agility , he was the only paragon of the world , and unmatched by any . Whilst , in Madrid , Genua , Milan , Venice , Florence , Naples , Paris , Bruxelles , Vienna , and other great and magnificent Cities , for the defence of the honour and reputation of the Ladies whom he affected , he had in such measure incurred the hatred and indignation of some great and potent Princes , that , to affront him , they had sent numbers of Spadassins , and Acuchilladores , to surprise him at their best advantage ; he would often times , all alone , buckle with ten or twelve of them , and lay such load , and so thick and threesold upon them , that he would quickly make them for their safeties betake themselves to their heels , with a vengeance at their back ; by which meanes he gave such evidence of his greatness of resolution , strenuitie of person , excellency in conduct , and incomparable magnanity of spirt , that being comfortable to his friends , formidable to his foes , and admirable to all ; such as formerly had been his cruellest enemies , and most deeply had plotted and projected his ruine , were at last content , out of a remorse of conscience , to acknowledge the ascendent of his worth above theirs , and to sue , in all humility , to be reconciled to him . To this demand of theirs ( out of his wonted generosity , which was never wanting , when either goodness or mercie required the making use thereof ) having fully condescended , he past the whole remainder of his days in great security , and with all ease desirable , in the City of Naples ; where , in a vigorous old age , environed with his friends and enjoying the benefit of all his senses till the last hour , he dyed in full peace and quietness : and there I leave him For , should I undertake condignly to set down all the Martial atchievements and acts of prowess performed by him , in Turnaments , Duels , Battels , Skirmishes , and fortuite encounters , against Scots , French , Dutch , Polonians , Hungarians , Spaniards , Italians , and others ( were it not that there are above ten thousand as yet living , who , as eye-witnesses , can verifie the truth of what I have related of him ) the History thereof to succeeding ages would seem so incredible , that they would but look upon it ( at best ) but as on a Romance , stuft with deeds of Chivalrie ; like those of Amades de Gaule , Esplandian , and Don Sylves de la Selve . Next to the renowned Count Bodwel , in the service of that great Don Philippe tetrarch of the world , upon whose subjects the sun never sets , are to be recorded ( besides a great many other Colonels of Scotland ) those valorous and worthy Scots , Colonel William Sempil , Colonel Boyd , and Colonel Lodowick Lindsay Earl of Crawford ; there is yet another Scotish Colonel that served this King of Spain , whose name is upon my tongues end , and yet I cannot hit upon it : he was not a Souldier bred , yet , for many yeers together , bore charge in Flanders under the command of Spinola . In his youth-hood , he was so strong and stiff a Presbyterian , that he was the onely man in Scotland made choice of , and relied upon for the establishment and upholding of that Government , as the arch-prop and main pillar thereof : but as his judgement increased , and that he ripened in knowledge , declining from that Neoterick faith ; and waining in his love to Presbytery , as he waxed in experience of the world , of a strict Puritan that he was at first , he became afterwards the most obstinate and rigid Papist , that ever was upon the earth . It is strange my memory should so faile me , that I cannot remember his title : he was a Lord I know , nay more , he was an Earle , I that he was , and one of the first of them : Ho now ! pescods on it , Crauford Lodi Lindsay puts me in minde of him ; it was the old Earl of Argile , this Marquis of Argile's father : that was he , that was the man , &c. Now as Steel is best resisted and overcome by Steel ; and that the Scots ( like Ismael , whose hand was against every man , and every mans hand against him ) have been of late so ingaged in all the wars of Christendome , espousing , in a manner , the interest of all the Princes thereof ; that , what battel soever , at any time these forty yeers past hath been struck within the continent of Europe , all the Scots that fought in that field , were never so overthrown , and totally routed ; for if some of them were captives and taken prisoners , others of that Nation were victorious , and givers of quarter ; valour and mercy on the one side , with misfortune and subjection upon the otherside , meeting one another in the persons of compatriots on both sides : so , the gold and treasure of the India's , not being able to purchase all the affections of Scotland to the furtherance of Castilian designes , there have been of late several Scotish Colonels under the command of the Prince of Orange , in opposition of the Spagniard ; viz. Colonel Edmond , who took the valiant Count de Buccoy twice prisoner in the field ; Sir Henry Balfour , Sir David Balfour , Colonel Brog , who took a Spanish General in the field upon the head of his Army , Sir Francis Henderson ; Colonel Scot Earl of Bacliugh , Colonel Sir Iames Livistoun , now Earl of Calander , and lately in these our tourmoyles at home Lieutenant-General of both Horse and Foot , besides a great many other worthy Colonels , amongst which I will only commemorate one , named Colonel Dowglas , who to the States of Holland was often times serviceable , in discharging the office and duty of General Engineer ; whereof they are now so sensible , that , to have him alive againe , and of that vigour freshness in both body and spirit , wherewith he was endowed in the day he was killed on , they would give thrice his weight in gold ; and well they might : for some few weeks before the fight wherein he was slaine , he presented to them twelve Articles and heads of such wonderful feats for the use of the wars both by Sea and Land , to be performed by him , flowing from rhe remotest springs of Mathematical secrets , and those of natural Philosophy , that none of this age saw , nor any of our fore-fathers ever heard the like , save what out of Cicero , Livy , Plutarch , and other old Greek and Latin writers we have couched , of the admirable inventions made use of by Archimedes in defence of the City of Syracusa , against the continual assaults of the Romane Forces both by Sea and Land , under the conduct of Marcellus . To speak really , I think there hath not been any in this age of the Scotish Nation , save Neper , and Crichtoun , who , for abilities of the minde in matter of practical inventions useful for men of industry , merit to be compared with him : and yet of these two ( notwithstanding their precellency in learning ) I would be altogether silent ( because I made account to mention no other Scotish men here , but such as have been famous for souldiery , and brought up at the schoole of Mars ) were it not , that , besides their profoundness in literature , they were inriched with Military qualifications beyond expression , As for Neper , ( otherwayes designed Lord Marchiston ) he is for his Logarithmical device so compleatly praised in that Preface of the Authors , which ushers a trigonometrical book of his , intituled the Trissotetras , that to add any more thereunto , would but obscure with an empty sound , the clearness of what is already said : therefore I will allow him no share in this discourse , but in so sar as concerneth an almost incomprehensible device , which being in the mouths of the most of Scotland , and yet unknown to any that ever was in the world but himself , deserveth very well to be taken notice of in this place ; and it is this : he had the skill ( as is commonly reported ) to frame an Engine ( for invention not much unlike that of Architas Dove ) which , by vertue of some secret springs , inward resorts , with other implements and materials fit for the purpose , inclosed within the bowels thereof , had the power ( if proportionable in bulk to the action required of it ( for he could have made it of all sizes ) to clear a field of four miles circumference , of all the living creatures exceeding a foot of hight , that should be found thereon , how neer soever they might be to one another ; by which means he made it appear , that he was able , with the help of this machine alone , to kill thirty thousand Turkes , without the hazard of one Christian . Of this it is said , that ( upon a wager ) he gave proof upon a large plaine in Scotland , to the destruction of a great many herds of cattel , and flocks of sheep , whereof some were distant from other half a mile on all sides , and some a whole mile . To continue the thred of the story , as I have it , I must not forget , that , when he was most earnestly desired by an old acquaintance , and professed friend of his , even about the time of his contracting that disease whereof he dyed , he would be pleased , for the hunour of his family , and his own everlasting memory to posterity , to reveal unto him the manner of the contrivance of so ingenious a mystery ; subjoining thereto , for the better perswading of him , that it were a thousand pities , that so excellent an invention should be buryed with him in the grave , and that after his decease nothing should be known thereof ; His answer was , That for the ruine and overthrow of man , there were too many devices already framed , which if he could make to be fewer , he would with all his might endeavour to do ; and that therefore seeing the malice and rancor rooted in the heart of mankind will not suffer them to diminish , by any new conceit of his , the number of them should never be increased . Divinely spoken , truly . To speak a little now of his compatriot Crichtoun , I hope will not offend the ingenuous Reader ; who may know , by what is already displayed , that it cannot be heterogeneal from the proposed purpose , to make report of that magnanimous act atchieved by him at the Duke of Mantua's Court , to the honour not only of his own , but to the eternal renown also of the whole Isle of Britain ; the manner whereof was thus . A certaine Italian gentleman , of a mighty , able , strong , nimble , and vigorous body , by nature fierce , cruell , warlike , and audacious , and in the gladiatory art so superlatively expert and dextrous , that all the most skilful teachers of Escrime , and Fencing-masters of Italy ( which , in matter of choice professors in that faculty needed never as yet to yeild to any Nation in the world ) were by him beaten to their good behaviour , and , by blows and thrusts given in , which they could not avoid , enforced to acknowledge him their over commer : bethinking himself , how , after so great a conquest of reputation , he might by such means be very suddenly enriched , he projected a course of exchanging the blunt to sharp , and the foiles into tucks ; and in his resolution providing a purse full of gold , worth neer upon four hundred pounds English money , traveled alongst the most especial and considetable parts of Spaine , France , the Low-countryes , Germany , Pole , Hungary , Greece , Italy , and other places where ever there was greatest probability of encountring with the eagerest & most atrocious duellists ; and immediately after his arrival to any City or Town that gave apparent likelihood of some one or other champion that would enter the lists and cope with him , he boldly challenged them with sound of Trumpet , in the chief market-place , to adventure an equal sum of money against that of his , to be disputed at the swords point , who should have both . There failed not several brave men , almost of all Nations , who accepting of his cartels , were not afraid to hazard both their person and coine against him : but ( till he midled with this Crichtoun ) so maine was the Ascendent he had above all his Antagonists , and so unlucky the fate of such as offered to scuffle with him , that all his opposing combatants ( of what State or Dominion soever they were ) who had not lost both their life and gold , were glad , for the preservation of their person ( though sometimes with a great expence of blood ) to leave both their reputation & mony behind them . At last returning homewards to his own country , loaded with honor and wealth , or rather the spoile of the reputation of those forraginers , whom the Italians call Tramontani , he , by the way , after his accustomed manner of abording other places , repaired to the City of Mantua , where the Duke ( according to the courtesie usually bestowed on him by other Princes , vouchsafed him a protection , and savegard for his person : he ( as formerly he was wont to do by beat of Drum , sound of Trumpet , and several printed papers , disclosing his designe , battered on all the chief gates , posts , and pillars of the Town ) gave all men to understand , that his purpose was , to challenge at the single Rapier , any whosoever of that City or country , that durst be so bold as to fight with him , provided he would deposite a a bag of five hundred Spanish Pistols , over-against another of the same value , which himself should lay down , upon this condition , that the enjoyment of both should be the conquerors due . His challenge was not long unanswered : for it happened at the same time , that three of the most notable cutters in the world , ( and so highly cryed up for valour , that all the Bravo's of the Land were content to give way to their domineering ( how insolent soever they should prove ) because of their former constantly-obtained victories in the field ) were all three together at the court of Mantua ; who hearing of such a harvest of five hundred Pistols , to be reaped ( as they expected ) very soon , and with ease , had almost contested amongst themselves for the priority of the first encounterer , but that one of my Lord Dukes Courtiers moved them to cast lots for who should be first , second , and third , in case none of the former two should prove victorious . Without more adoe , he whose chance it was to answer the cattel with the first defiance , presented himself within the barriers , or place appointed for the fight , where his adversary attending him , as soon as the Trumpet sounded a charge , they jointly fel to work : and ( because I am not now to amplifie the particulars of a combat ) although the dispute was very hot for a while , yet , whose fortune it was to he the first of the three in the field , had the disaster to be the first of the three that was foyled : for at last with a thrust in the throat he was killed dead upon the ground . This nevertheless not a whit dismayed the other two ; for the nixt day he that was second in the roll , gave his appearance after the same manner as the first had done , but with no better success ; for he likewise was laid flat dead upon the place , by means of a thrust he received in the heart . The last of the three finding that he was as sure of being engaged in the fight , as if he had been the first in order , pluckt up his heart , knit his spirits together , and , on the day after the death of the second , most couragiously entering the Lists , demeaned himself for a while with great activity and skill ; but at last , his luck being the same with those that preceded him , by a thrust in the belly , he within four and twenty hours after gave up the ghost . These ( you may imagine ) were lamentable spectacles to the Duke and Citie of Mantua , who casting down their faces for shame , knew not what course to take for reparation of their honour . The conquering Duellist , proud of a victory so highly tending to both his honour and profit , for the space of a whole fortnight , or two weeks together , marched daily along the streets of Mantua , ( without any opposition or controulment ) like another Romulus , or Marcellus in triumph : which the never-too-much-to-be-admired Crichtoun perceiving , to wipe off the imputation of cowardise lying upon the Court of Mantua , to which he had but even then arrived , ( although formerly he had been a domestick thereof ) he could neither eat nor drink till he had first sent a Challenge to the conqueror , appelling him to repair with his best sword in his hand , by nine of the clock in the morning of the next day , in presence of the whole Court , and in the same place where he had killed the other three , to fight with him upon this quarrel , that , in the Court of Mantua there were as valiant men as he ; and , for his better encouragement to the desired undertaking , he assured him , that , to the aforesaid five hundred pistols , he would adjoyn a thousand more ; wishing him to do the like , that the Victor , upon the point of his sword , might carry away the richer booty . The Challenge , with all its conditions , is no sooner accepted of , the time and place mutually condescended upon kept accordingly , and the fifteen hundred pistols hinc inde deposited , but of the two Rapiers of equal weight , length , and goodness , each taking one , in presence of the Duke , Dutchess , with all the Noble-men , Ladies , Magnifico's , and all the choicest of both men , women , and maids of that citie , as soon as the signal for the Duel was given , by the shot of a great Piece of Ordnance of threescore and four pound ball ; the two combatants , with a lion-like animosity , made their approach to one another ; and being within distance , the valiant Crichtoun , to make his adversary spend his fury the sooner , betook himself to the defensive part ; wherein , for a long time , he shewed such excellent dexterity , in warding the others blows , slighting his falsifyings , in breaking measure , and often , by the agility of his hody , avoiding his thrusts , that he seemed but to play , whilst the other was in earnest . The sweetness of Crichtoun's countenance , in the hotest of the assault , like a glance of lightning on the hearts of the spectators , brought all the Italian Ladies on a sudden to be enamoured of him ; whilst the sternness of the other's aspect , he looking like an enraged Bear , would have struck terrour into Wolves , and affrighted an English Mastiff . Though they were both in their linens , ( to wit , shirts and drawers , without any other apparel ) and in all outward conveniencies equally adjusted ; the Italian , with redoubling his stroaks , foamed at the mouth with a cholerick heart , and fetched a pantling breath : the Scot , in sustaining his charge , kept himself in a pleasant temper , without passion , and made void his designes : he alters his wards from Tierce to Quart ; he primes and seconds it , now high , now lowe , and casts his body ( like another Prothee ) into all the shapes he can , to spie an open on his adversary , and lay hold of an ndvantage ; but all in vain : for the invincible Crichtoun , whom no cunning was able to surprise , contrepostures his respective wards , and , with an incredible nimbleness of both hand and foot , evades his intent , and frustrates the invasion . Now is it , that the never-beforeconquered Italian , finding himself a little faint , enters into a consideration , that he may be over-matched ; whereupon , a sad apprehension of danger seizing upon all his spirits , he would gladly have his life bestowed on him as a gift , but that , having never been accustomed to yeeld , he knows not how to beg it . Matchless Crichtoun , seeing it now high time to put a gallant catastrophe to that so-long-dubious combat , animated with a divinely-inspired fervencie , to fulfil the expectation of the Ladies , and crown the Dukes illustrious hopes , changeth his garb , fails to act another part , and , from defender , turns assailant : never did Art so grace Nature , nor Nature second the precepts of Art with so much liveliness , and such observancie of time , as when , after he had struck fire out of the steel of his enemies sword , and gained the feeble thereof , with the fort of his own , by angles of the strongest position , he did , by Geometrical flourishes of straight and oblique lines , so practically executed the speculative part , that , as if there had been Remora's and secret charms in the variety of his motion , the fierceness of his foe was in a trice transqualified into the numness of a pageant . Then was it that , to vindicate the reputation of the Duke's family , and expiate the blood of the three vanquished Gentlemen , he alonged a stoccade de pied ferme ; then recoyling , he advanced another thrust , and lodged it home ; after which , retiring again , his rig●t foot did beat the cadence of the blow that pierced the belly of this Italian ; whose heart and throat being hit with the two former stroaks , these three franch bouts given in upon the back of other : besides that , if lines were imagined drawn from the hand that livered them , to the places which were marked by them , they would represent a perfect Isosceles Triangle , with a perpendicular from the top-angle , cutting the basis in the middle ; they likewise give us to understand , that by them he was to be made a sacrifice of atonement for the slaughter of the three aforesaid Gentlemen , who were wounded in the very same parts of their bodies by other such three Venees as these , each whereof being mortal : and his vital spirits exhaling as his blood gushed out , all he spoke was this , That seeing he could not live his comfort in dying was , for that he could not dye by the hand of a braver man : after the uttering of which words he expiring , with the shril clareens of Trumpets , bouncing thunder of Artillery , bethwacked beating of Drums , universal clapping of hands , and loud acclamations of joy for so glorious a victory , the aire above them was so rarified , by the extremity of the noise and vehement sound , dispelling the thickest and most condensed parts thereof , That ( as Plutrach speakes of the Grecians , when they raised their shouts of allegress up to the very heavens , at the hearing of the gracious Proclamations of Paulus Aemilius in favour of their liberty ) the very Sparrows and other flying Fowls were said to fall to the ground for want of aire enough to uphold them in their flight . When this sudden rapture was over , and all husht into its former tranquility , the noble gallantry and generosity , beyond expression , of the inimitable Crichtoun , did transport them all againe into a new extasie of ravishment , when they saw him like an Angel in the shape of a man , or as another Mars , with the conquered enemies sword in one hand , and the fifteen hundred Pistols he had gained , in the other , present the sword to the Duke as his due , and the gold to his high treasurer , to be disponed equally to the three widowes of the three unfortunte gentlemen lately slaine , reserving only to himself the inward satisfaction he conceived , for having so opportunely discharged his duty to the house of Mantua . The Reader prehaps will think this wonderful ; and so would I too , were it not that I know ( as Sir Philip Sidney sayes ) that a wonder is no wonder in a wonderful subject , and consequently not in him , who for is learning , judgement , valour , eloquence , beauty , and good-followship , was the perfectest result of the joynt labour of the perfect number of those six deities , Pallas , Apollo , Mars , Mercury , Venus , and Bacchus , that hath been seen since the dayes of Alcibiades : for he was reported to have been inriched with a memory so prodigious , that any Sermon , Speech , Harangue , or other manner of discourse of an hours continuance , he was able to recite , without hesitation after the same manner of gesture and pronuntiation , in all points , wherewith it was delivered at first : and of so stupendious a judgement and conception , that almost naturally he understood quiddities of Philosophy : and as for the abstrusest and most researched mysteries of other Disciplines , Arts , and Faculties , the intentional Species of them were as readily obvious to the interiour view and perspicacity of his mind , as those of the common visible colours , to the external sight of him that will open his eyes to look upon them : of which accomplishment and Encyclopedia of knowledge , he gave on a time so marvelous a testimony at Paris , that the words of admirabilis Scotus , the wonderful Scot , in all the several Tongues , and Idiomes of Europ , were ( for a great while together ) by the most of the Eccho's , resounded to the peircing of the very clouds . To so great a hight and vast extent of praise , did the never too much to be extolled reputation of the Seraphick wit of that eximious man attaine , for his commanding to be affixed programs , on all the gates of the Schooles , Halls , and Colledges of that famous University , as also on all the chief pillars and posts standing before the houses of the most renowned men for literature , resident within the precinct of the walls and suburbs of that most populous and magnificient City , inviting them all ( or any whoever else versed in any kinde of Scholastick faculty ) to repaire ▪ at nine of the clock in the morning of such a day , moneth , and yeer , as by computation came to be just six weeks after the date of the affixes , to the common Schoole of the Colledge of Navarre , where ( at the prefixed time ) he should ( God willing ) be ready to answer ; to what should be propounded to him cencerning any Science , Liberal Art , Discipline , or Faculty Practical or Theoretick , not excluding the Theological nor jurisprudential habits , though grounded but upon the Testimonies of God and man , and that in any of these twelve Languages , Hebrew , Syriack , Arabick , Greek , Latin , Spanish , French , Italian , English , Dutch , Flemish , and Sclavonian , in either verse or prose , at the discretion of the disputant : which high enterprise and hardy undertaking , by way of challenge to the learnedst men in the world , damped the wits of many able Scholars to consider , whether it was the attempt of a fanatick spirit , or lofty designe of a well-poised judgement ; yet after a few dayes enquiry concerning him , when information was got of his incomparable endowments , all the choicest and most profound Philosophers , Mathematicians , Naturalists , Mediciners , Alchymists , Apothecaries , Surgeons , Doctors of both Civil and Canon Law , and Divines both for conttoversies and positive doctrine , together with the primest Grammarians , Rhetoricians , Logicians , and others , professors of other Arts and Disciplines at Paris , plyed their Studys in their private cels , for the space of a moneth , exceeding hard , and with huge paines and labor set all their braines awork , how to contrive the knurriest arguments , and most difficult questions could be devised , thereby to puzzle him in the resolving of them , Meander him in his answers , put him out of his Medium , and drive him to a non-plus : nor did they forget to premonish the ablest there of Forraign Nations not to be unprepared to dispute with him in their own maternal dialects ; and that sometimes metrically , sometimes otherwayes , pro libitu . All this while , the admirable Scot ( for so from thence forth he was called ) minding more his Hawking , Hunting , Tilting , Vaulting , riding of well-managed Horses , tossing of the Pike , handling of the Musket , flourishing of Colours , Dancing , Fencing , Swimming Jumping , throwing of the Bar , playing at the Tennis , Baloon , or Long-catch ; and sometimes at the house-Games of Dice , Cards , playing at the Chess , Billiards , Trou-Madam , and other such like Chamber-sports , Singing , playing on the Lute , and other Musical Instruments , Masking , Balling , Reveling , and ( which did most of all divert , or rather distract him from his speculations and serious employments ) being more addicted to , and plying closer the courting of handsome Ladyes , and a jovial cup in the company of Bacchanalian Blades , then the forecasting how to avoid shun , and escape the snares ; grins , and nets of the hard , obscure , and hidden arguments , ridles , and demands to be made , framed , and woven by the professors , Doctors , and others of that thrice-renowned University : there arose upon him an aspersion of too great proness to such like debordings & youthful emancipations , which occasioned one less acquainted with himself , then his reputation , to subjoyn ( some two weeks before the great day appointed ) to that program of his , which was fixed on the Sorbonegate , these words : If you would meet with this monster of perfection , to make search for him , either in the Taverne or Bawdy-house , is the readyest way to finde him . By reason of which expression ( though truly as I think , both scandalous and false ) the eminent sparks of the University ( imagining that those papers of provocation had been set up to nother end , but to scoff and delude them , in making them waste their spirits upon quirks and quiddities , more then is fitting ) did resent a little of their former toyle , and slack their studyes , becoming almost regardless thereof , till the several peals of bells ringing an hour or two before the time assigned , gave warning that the party was not to flee the barriers , nor decline the hardship of Academical assaults : but on the contrary , so confident in his former resolution , that he would not shrink to sustaine the shock of all their disceptations . This sudden alarm so awaked them out of their last fortnights Lethargy , that calling to minde , the best way they might , the fruits of the foregoing moneths labour , they hyed to the fore-named Schoole with all diligence ; Where , after all of them had , according to their several degrees and qualities , seated themselves , and that by reason of the noise occasioned through the great confluence of people , which so strange a novelty brought thither out of curiosity , an universal silence was commanded , the Orator of the University in most fluent Latine , addressing his speech to Crichtoun , extolled him for his literature , and other good parts , and for that confident opinion he had of his own sufficiency , in thinking himself able to justle in matters of learning with the whole University of Paris . Critchtoun answering him in no less eloquent terms of Latine , after he had most heartily thanked him for his elogies , so undeservedly bestowed , and darted some high encomions upon the University and the Professors therein ; he very ingenuously protested , that he did not emit his programs out of any ambition to he esteemed able to enter in competition with the University , but meerly to be honoured with the favour of a publick conference with the learned men thereof : in complements after this manner ultro citroque habitis , tossed to and again , retorted , contrerisposted , backreverted and now and then graced with a quip or a clinch for the better relish of the ear ; being unwilling in this kind of straining curtesie , to yeeld to other , they spent a full half hour and more : for he being the centre to which the innumerable diameters of the discourses of that circulary convention did tend , although none was to answer , but he , any of them all according to the order of their prescribed series , were permitted to reply , or comence new motions , on any subject in what Language soever , and howsoever expressed ; to all which he being bound to tender himself a respondent , in matter and form suitable to the impugners propounding , he did first so transcendently acquit himself of that circumstantial kinde of Oratory , that , by well-couched periods , and neatly running syllables , in all the the twelve Languages , both in verse and prose , he expressed to the life his Courtship and civility : and afterwards , when the Rector of the University ( unwilling to have any more time bestowed on superficial Rhetorick , or to have that wasted on the fondness of quaint phrases , which might be better employed in a reciprocacyof discussing scientifically the nature of substantial things ) gave direction to the Professors to fall on , each according to the dignity or precedency of his Faculty , and that conform to the order given : some Metaphysical notions were set abroach , then Mathematical ; and of those , Arithmetical , Geometrical , Astronomical , Musical , Optical , Cosmographical , Trigonometrical , Statical , and so forth through all the other branches of the prime and mother-Sciences thereof : the next bout was through all Natural Philosophy , according to Aristoles method , from the Acroamaticks , going along the speculation of the nature of the heavens , and that of the generation and corruption of sublinary things , even to the consideration of the soul and its faculties : in sequel hereof , they had a hint at Chymical extractions , and spoke of the principles of corporeal and mixed bodies , according to the precepts of that Art. After this , they disputed of medecine , in all its Thereapeutick , Pharmacopeutick , and Chirurgical parts ; and not leaving Natural Magick untouched , they had exquisite disceptations concerning the secrets thereof . From thence they proceeded to Moral Philosophy , where debating of the true enumeration of all vertues and vices , they had most learned ratiocinations about the chief good of the life of man : and seeing the Oecumenicks and Politicks are parts of that Philosophy , they argued learnedly of all the several sorts of governments , with their defects and advantages ; whereupon perpending , that , without an established Law , all the duties of ruling and subjection , to the utter ruine of humane society , would he be as often violated , as the irregularity of passion , seconded with power , should give way thereto . The Sorbonist , Canonical , and Civilian Doctors most judiciously argued with him about the most prudential Maximes , Sentences , Ordinances , Acts , and Statutes for ordering all manner of persons in their consciences , bodyes , fortunes , and repuon : nor was there an end put to those literate exercitations , till the Grammarians , Rethoricians , Poets and Logicians had assailed him with all the subtleties and nicest quodlibets their respective habits could afford . Now when , to the admiration of all that were there , the incomparable Crichtoun had , in all these faculties above written , and in any of the twelve Languages , wherein he was spoke to , whether in verse or prose , held tack to all the disputants , who were accounted the ablest Scholars upon the earth , in each their own profession ; and publickly evidenced such an Universality of knowledge , and accurate promptness ln resolving of doubts , distinguishing of obscurities , expressing the members of a distinction in adaequate terms of Art , explaining those compendious tearms with words of a more easie apprehension , to the prostrating of the sublimest mysteries to any vulgar capacity ; and with all excogitable variety of learning ( to his own everlasting fame ) entertained , after that kinde , the nimble witted Parisians from nine a clock in the morning , till six at night ; The Rector now finding it high time to give some relaxation to these worthy spirits , which during such a long space had been so intensively bent upon the abstrusest speculations , rose up , and , saluting the Divine Crichtoun , after he had made an elegant Panegyrick , or Encomiastick speech of half an houres continuance , tending to nothing else but the extolling of him for the rare and most singular gifts , wherewith God and Nature had endowed him , he descended from his chaire , and , attended by three or four of the most especial Professors , presented him with a Diomond Ring and a purse ful of Gold ; wishing him to accept thereof , if not as a recompense proportionable to his merit , yet as a badge of love , and testimony of the Universities favour towards him . At the tender of which ceremony , therewas so great a plaudite in the Schoole , such a humming and clapping of hands , that all the concavities of the Colledges there about , did tesound with the eccho of the noise thereof . Notwithstanding the great honor , thus purchased by him for his literatory accomplishments ; and that many excellent spirits , to obtaine the like , would be content to postpose all other employments to the enjoyment of their studyes ; he , nevertheless , the very next day ( to refresh his braines , as he said , for the toile of the former days work ) went to the Louvre in a Buff-suit , more like a favorite of Mars , then one of the Muses minions ; where in presence of some Princes of the Court , and great Ladies , that came to behold his gallantry , he carryed away the Ring fifteen times on end , and broke as many Lances on the Saracen . When for a quarter of a yeer together , he after this manner had disported himself ( what Martially , what Scholastically ) with the best qualified men in any Faculty so ever , that so large a City ( which is called the words Abridgement ) was able to afford , and now and then solaced these his more serious recreations ( for all was but sport to him ) with the alluring imbellishments of the tendrer Sexe , whose inamorato that he might be , was their ambition ; He on a sudden took tesolution to leave the Court of France , and return to Italy , where he had been bred for many yeers together ; which designe he prosecuting within the space of a moneth ( without troubling himself with long journeys ) he arrived at the Court of Mantua , where immediately after his abord ( as hath been told already ) he fought the memorable combat , whose description is above related . Here was it that the learned and valiant Crichtoun was pleased to cast anehor , and fix his abode ; nor could he almost otherwayes do , without disobliging the Duke , and the Prince his eldest son ; by either whereof he was so dearly beloved , that none of them would permit him by any means to leave their Court , whereof he was the only Privado : the object of all mens Love , and subject of their discourse : the example of the great ones , and wonder of the meaner people ; the paramour of the female sexe , and paragon of his own ; in the glory of which high estimation having resided at that Court above two whole yeers , the reputation of gentlemen there was hardly otherwayes valued , but by the measure of his acquaintance : nor were the young unmaryed Ladies , of all the most eminent places thereabounts , any thing respected of one another , that had not either a lock of his haire , or copy of verses of his composing . Nevertheless it happening on a Shrove-tuesday at night ( at which time it is in Italy very customary for men of great sobriety , modesty , and civil behaviour all the rest of the yeer , to give themselves over on that day of carnavale ( as theycall it ) to all manner of riot , drunkenness , and incontinency , which that they may do with the least imputation they can to their credit , they go maskt and mum'd with vizards on their faces , and in the disguise of a Zanni or Pantaloon to ventilate their fopperies , and sometimes intolerable enormities , without suspicion of being known ) that this ever renowned Crichtoun ( who , in the afternoon of that day , at the desire of my Lord Duke ( the whole Court striving which should exceed other in foolery , and devising of the best sports to excite laughter ; neither my Lord , the Dutchess , nor Prince , being exempted from acting their parts , as well as they could ) upon a theater set up for the purpose , begun to prank it , a la Venetiana ) with such a flourish of mimick , and ethopoetick gestures , that all the courtiers of both sexes , even those that a little before that , were fondest of their own conceits , at the fight of his so inimitable a garb , from ravishing actors , that they were before turned then ravished spectators . O with how great liveliness did he represent the conditions of all manner of men ! how naturally did he set before the eyes of the beholders the rogueries of all professions , from the overweening Monarch , to the peevish Swaine , through all intermediate degrees of the superficial courtion or proud warrior , dissembled Church-man , doting old man , cozening Lawyer , lying traveler , covetous Merchant , rude seaman pedantick Scolar , the amourous shepheard , heard , envious artisan , vainglorious master , and tricky servant ; he did with such variety display the several humours of all these sorts of people , and with a so bewitching Energy , that he seemed to be the original , they the counterfeit ; and they the resemblance whereof he was the prototype : he had all the jeers , squibs , flouts , buls , quips , taunts , whims , jests , clinches , gybes , mokes , jerks , with all the several kinds of equivocations , and other sophistical captions , that could properly be adapted to the person by whose representation he intended to inveagle the company into a fit of mirth ; and would keep in that miscelany discourse of his ( which was all for the splene , and nothing for the gall ) such a climacterical and mercurially digested method , that when the fancy of the hearers was tickled with any rare conceit , and that the jovial blood was moved , he held it going , with another new device upon the back of the first , and another , yet another , and another againe , succeeding one another for the promoval of what is a stirring into a higher agitation ; till in the closure of the luxuriant period , the decumanal wave of the oddest whimzy of al , enforced the charmed spirits of the auditory ( for affording room to its apprehension ) suddenly to burst forth into a laughter ; which commonly lasted just so long , as he had leasure to withdraw behind the skreen , shift off with the help of a Page , the suite he had on , apparel himself with another , and return to the stage to act afresh ; for by that time their transported , disparpled , and sublimated fancies , by the wonderfully operating engines of his solacious inventions , had from the hight to which the inward scrues , wheeles , and pullies of his wit had elevated them , descended by degrees into their wonted stations , he was ready for the personating of another carriage ; whereof , to the number of fourteen several kinds ( during the five hours space that at the Dukes desire , the sollicitation of the Court , and his own recreation , he was pleased to histrionize it ) he shewed himself so natural a representative , that any would have thought he had been so many several actors , differing in all things else , save the only stature of the body ; With this advantage above the most of other actors , whose tongue , with its oral implements , is the onely instrument of their minds disclosing , that , besides his mouth with its appurtenances , he lodged almost a several oratour in every member of his body ; his head , his eyes , his shoulders , armes , hands , fingers , thighs , legs , feet and breast , being able to decipher any passion , whose character he purposed to give . First , he did present himself with a Crown on his head , a Scepter in his hand , being clothed in a purple robe furred with Ermyne : after that , with a Miter on his head , a Crosier in his hand , and accoutred with a paire of Lawn-sleeves : and thereafter , with a Helmet on his head , the Visiere up , a commanding-stick in his hand , and arayed in a Buff-suit , with a scarf about his middle . Then , in a rich apparel , after the newest fashion , did he shew himself ( like another Sejanus ) with a Periwig daubed with Cypres powder : in sequel of that , he came out with a three corner'd cap on his head , some parchments in his hand , and writings hanging at his girdle like Chancery Bills ; and next to that , with a furred Gown about him , an ingot of gold in his hand , and a bag full of money by his side ; after all this , he appeares againe clad in a country-jacket , with a prong in his hand , and a Monmouthlike-cap on his head : then very shortly after , with a Palmers coat upon him , a Bourdon in his hand , and some few cockle-shels stuck to his hat , he look't as if he had come in pilgrimage from Saint Michael ; immediatly after that , he domineers it in a bare unlined Gowne , with a pair of whips in the one hand , and Corderius in the other : and in suite thereof , he honder spondered it with a pair of Pannier-like breeches , a Mountera-Cap on his head , and a knife in a wooden sheath dagger-ways by his side ; about the latter end he comes forth again with a square in one hand , a rule in the other , and a leather apron before him : then very quickly after , with a scrip by his side , a sheep-hook in his hand , and a basket full of flowers to make nosegayes for his Mistris : now drawing to a closure , he rants it first in cuerpo , and vapouring it with gingling spurrs , and his armes a kenbol like a Don Diego he strouts it , and by the loftiness of his gate plaies the Capitan Spavento : then in the very twinkling of an eye , you would have seen him againe issue forth with a cloak upon his arm , in a Livery garment , thereby representing the serving-man : and lastly , at one time amongst those other , he came out with a long gray beard , and bucked ruff , crouching on a staff tip't with the head of a Barbers Cithern , and his gloves hanging by a button at his girdle . Those fifteen several personages he did represent with such excellency of garb , and exquisiteness of language , that condignely to perpend the subtlety of the invention , the method of the disposition , the neatness of the elocution , the gracefulness of the action , and wonderful variety in the so dextrous performance of all , you would have taken it for a Comedy of five Acts , consisting of three Scenes , each composed by the best Poet in the World , and Acted by fifteen of the best Players that ever lived , as was most evidently made apparent to all the Spectators , in the fifth and last hour of his Action ( which according to our Western account was about six a Clock at night , and by the Calculation of that Country , half an hour past three and twenty , at that time of the yeer : ) for , purposing to leave of with the setting of the Sun , with an endeavour nevertheless to make his conclusion the master-piece of the work , he , to that effect , summoning all his Spirits together , which never failed to be ready at the cal of so worthy a Commander , did by their assistance , so conglomerate , shuffle , mix and interlace the Gestures , inclinations , actions , and very tones of the speech of those fifteen several sorts of men whose carriages he did personate , into an inestimable Ollapodrida of immaterial morsels of divers kinds , sutable to the very Ambrosian relish of the Heliconian Nymphs ; that , in the Peripetia of this Drammatical exercitation ▪ by the inchanted transportation of the eyes and eares of its spectabundal auditorie , one would have sworne that they all had looked with multiplying glasses , and that ( like that Angel in the Scripture whose voice was said to be like the voice of a multitude ) they heard in him alone the promiscuous speech of fifteen several Actors ; by the various ravishments of the excellencies whereof , in the frolickness of a jocound straine beyond expectation , the logofascinated spirits of the beholding hearers and auricularie spectators , were so on a sudden seazed upon in their risible faculties of the soul , and all their vital motions so universally affected in this extremitie of agitation , that , to avoid the inevitable charmes of his intoxicating ejaculations , and the accumulative influences of so powerfull a transportation , one of my Lady Dutchess chief Maids of honour , by the vehemencie of the shock of those incomprehensible raptures , burst forth into a laughter ▪ to the rupture of a veine in her body ; and another young Lady , by the irresistible violence of the pleasure unawares infused , where the tender receptibilitie of her too too tickled fancie was lest able to hold out , so unprovidedly was surprised , that , with no less impetuositie of ridibundal passion then ( as hath been told ) occasioned a fracture in the other young Ladies modestie , she , not able longer to support the well beloved burthen of so excessive delight , and intransing joys of such Mercurial exhilarations , through the ineffable extasie of an over-mastered apprehension , fell back in a swown , without the appearance of any other life into her , then what by the most refined wits of theological speculators is conceived to be exe●ced by the purest parts of the separated entelechies of blessed Saints in their sublimest conversations with the celestial hierarchies : this accident procured the incoming of an Apothecarie with Restoratives , as the other did that of a Surgeon with consolidative medicaments . The admirable Crichtoun now perceiving that it was drawing somewhat late , and that our occidental rays of Phaebus were upon their turning oriental to the other hemisphere of the terrestrial Globe ; being withall jealous ; that the uninterrupted operation of the exuberant diversitie of his jovialissime entertainment , by a continuate winding up of the humours there present to a higher , yet higher , and still higher pitch ; above the supremest Lydian note of the harmonie of voluptuousness , should , in such a case , through the too intensive stretching of the already-super-elated strings of their imagination , with a transcendencie over-reaching Ela , and beyond the well-concerted gam of rational equanimitie , involve the remainder of that illustrious companie into the sweet Labyrinth and mellifluent aufractuosities of a Lacinious delectation , productive of the same inconvenices which befel the two afore named-Ladies ; whose delicacie of constitution , though sooner overcome , did not argue , but that the same extranean causes from him proceeding of their pathetick alteration , might by a longer insisting in an efficacious agencie , and unremitted working of all the consecutively-imprinted degrees , that the capacity of the patient is able to containe , prevaile at last , and have the same predominancie over the dispositions of the strongest complexioned males of that splendid society ; did , in his own ordinary wearing-apparel , with the countenance of a Prince , and garb befitting the person of a so well bred Gentleman , and cavalier 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , full of Majesty , and repleat with all excogitable civilitie , ( to the amazement of all that beheld his heroick gesture ) present himself to epilogate this his almost extemporanean Comedie , though of five hours continuance without intermission : and that with a peroration so neatly uttred , so distinctly pronounced , and in such elegancie of selected termes expressed , by a diction so periodically contexed with Isocoly of members , that the matter thereof tending in all humility to beseech the Highnesses of the Duke , Prince , and Dutchess , together with the remanent Lords , Ladies , Knights , Gentlemen , and others of both sexes of that honorable convention , to vouchsafe him the favour to excuse his that afternoons escaped extravagancies , and to lay the blame of the indigested irregularity of his wits excursions , and the abortive issues of his disordered brain , upon the customarily-dispensed-with priviledges in those Cisalpinal regions , to authorize such like impertinences at Carnavalian festivals : and that , although ( according to the most commonly received opinion in that Country , after the nature of Load-him ( a game at cards ) where he that wins loseth ) he who , at that season of the year , playeth the fool most egregiously , is reputed the wisest man ; he nevertheless not being ambitious of the fame of enjoying good qualities , by vertue of the Antiphrasis of the fruition of bad ones , did meerly undergo that emancipatorie task of a so profuse liberty ; and to no other end embraced the practising of such roaming and exorbitant diversions , but to give an evident , or rather infallible demonstration of his eternally-bound duty to the house of Mantua and an inviolable testimony of his never to be altered designe , in prosecuting all the occasions possible to be laid hold on , that can in any manner of way prove conducible to the advancement of , and contributing to the readiest means for improving those advantages that may best promove the faculties of making all his choice endeavours , and utmost abilities at all times , effectual to the long wished for furtherance of his most cordial and endeared service to the serenissime highnesses of my Lord Duke , Prince and Dutchess , and of consecrating with all addicted obsequiousness , and submissive devotion , his everlasting obedience to the illustrious Shrine of their joynt commands . Then incontinently addressing himself to the Lords , Ladies , and others of that Rotonda ( which , for his daigning to be its inmate , though but for that day , might be accounted in nothing inferiour to the great Colisee of Rome , or Amphitheater at Neems ) with a stately carriage , and port suitable to so prime a gallant , he did cast a look on all the corners thereof , so bewitchingly aminable , and magnetically efficacious , as if in his eys had bin a muster of ten thousand Cupids eagerly striving who should most deeply pierce the hearts of the spectators with their golden darts . And truly so it fell out ( that there not being so as much one arrow shot in vain ) all of them did love him , though not after the same manner , nor for the same end : for , as the Manna of the Arabian desarts is said to have had in the mouths of the Egyptian Israelites the very same tast of the meat they loved best : so the Princes that were there did mainly cherish him for his magnanimity and knowledge : his Courtliness and sweet behaviour being that for which chiefly the Noblemen did most respect him ; for his pregnancie of wit , and chivalrie in vindicating the honour of Ladies , he was honoured by the Knights : and the Esquires , and other Gentlemen courted him for his affability , and good fellowship ; the rich did favour him for his judgement , and ingeniosity : and for his liberality and munificence , he was blessed by the poor ; the old men affected him , for his constancie and wisdome : and the young for his mirth and gallantry ; the Scholars were enamoured of him for his learning and eloquence , and the Souldiers for his integrity and valour ; the Merchants , for his upright dealing and honesty , praised and extolled him ; and the Artificers for his goodness and benignity ; the chastest Lady of that place would have hugged and imbraced him for his discretion , and ingenuity : whilst for his beauty and comeliness of person he was ( at least in the fervency of their desires ) the paramour of the less continent : he was dearly beloved of the fair women , because he was handsom ; and of the fairest more dearly , becaus he was handsomer : in a word , the affections of the beholders ( like so many several diameters , drawn from the circumference of their various intents ) did all concenter in the point of his perfection . After a so considerable insinuation , and gaining of so much ground upon the hearts of the auditory , ( though in shorter space then the time of a flash of lightning ) he went on ( as before ) in the same thred of the conclusive part of his discourse , with a resolution not to cut it , till the over-abounding passions of the company their exorbitant motions , and discomposed gestures , through excess of joy & mirth , should be all of them quieted , calmed , & pacified , and every man , woman , and maid there ( according to their humour ) reseated in the same integrity they were at first : which when by the articulatest elocution of the most significant words , expressive of the choisest things that fancie could suggest , and ( conforme to the matters variety ) elevating or depressing , flat or sharply accinating it , with that proportion of tone that was most consonant with the purpose ) he had attained unto , and by his verbal harmony , and melodious utterance , setled all their distempered pleasures , and brought their disorderly raised spirits into their former capsuls , he with a tongue tip't with silver , after the various Diapasons of all his other expressions ; and making of a leg , for the spruceness of its courtsie , of greater decorement to him then cloth of gold and purple , farewel'd the companie with a complement of one period so exquisitely delivered , and so well attended by the gracefulness of his hand and foot , with the quaint miniardise of the rest of his body , in the performance of such ceremonies as are usual at a court-like departing , that from the theater he had gone into a lobbie , from thence along three spacious chambers , whence descending a back-staire , he past through a low gallerie , which led him to that outter gate , where a coach with six horses did attend him , before that magnificent convention of both sexes , ( to whom that room , wherein they all were , seemed in his absence to be as a body without a soul ) had the full leisure to recollect their spirits ( which by the neatness of his so curious a close , were quoquoversedly scattered with admiration ) to advise on the best expediency how to dispose of themselvs for the future of that licentious night : during which time of their being thus in a maze , a proper young Lady ( if ever there was any in the world ) whose dispersed spirits , by her wonderful delight in his accomplishments , were by the power of Cupid , with the assistance of his mother , instantly gathered and replaced , did upon his retiring ( without taking notice of the intent of any other ) rise up out of her boxe , issue forth at a posterne-door , into some secret transes , from whence going down a few steps , that brought her to a parlour , she went through a large hall ; by the wicket of one end whereof , as she entered on the street , she encountered with Crichtoun , who was but even then come to the aforesaid Coach , which was hers ; unto which sans ceremony ( waving the frivolous windings of dilatory circumstances ) they both stepped up together , without any other in their company , save a waiting gentlewoman that sate in the furthest side of the Coach , a Page that lifted up the boot thereof , and walked by it , and one Lacky that ran before with a kindled torch in his hand , all domestick servants of hers , as were the Coach-man and postillion ; who driving apace ( and having but half a mile to go ) did , with all the expedition required , set down my Lady with her beloved mate at the great gate of her own palace ; through the wicket whereof ( because she would not stay till the whole were made wide open ) they entred both ; and injunction being given , that forthwith after the setting up of the Coach and horses , the gate should be made fast and none , more then was already , permitted to come within her Court that night , they joyntly went along a private passage , which led them to a Lanterne Scalier , whose each step was twelve foot long ; thence mounting up a paire of staires , they past through and traversed above nine several rooms on a floor , before they reached her bed-chamber ; which in the interim of the progress of their transitory walk , was with such mutual cordialness so unanimously aimed at , that never did the passengers of a ship in a tedious voyage , long for a favorable winde with greater uniformity of desire , then the blessed hearts of that amorous and amiable couple , were , without the meanest variety of a wish , in every jot united . Nevertheless at last they entred in it , or rather in an Alcoranal paradise ; where nothing tending to the pleasure of all the senses was wanting : the weather being a little chil and coldish , they on a blew Velvet couch sate by one another , towards a Char-coale fire burning in a silver Brasero , whilst in the next room adjacent thereto , a prety little round table of Cedar-wood was a covering for the supping of them two together : the cates prepared for them , and a week before that time bespoke , were of the choisest dainties , and most delicious junkets , that all the territories of Italy were able to afford ; and that deservedly : for all the Romane Empire could not produce a completer paire to taste them : in beauty she was supream , in pedigree equal with the best , in spirit not inferiour to any , and , in matter of affection , a great admirer of Crichtoun , which was none of her least perfections : she many times used to repaire to my Lady Dutchesses Court , where now and then the Prince would cast himself ( as a l'improviste ) into her way , to catch hold the more conveniently of some one or other opportunity for receiving her employments ; with the favour whereof he very often protested , if she would vouchsafe to honour him , and be pleased to gratifie his best endeavouors with her only gracious acceptance of them , none breathing should be able to discharge that duty with more zeal to her service , nor reap more inward satisfaction in the performance of it ; for that his obedience could not be crowned with greater glory , then by that of a permanently-fixed attendance upon her commandments . His Highness complements ( whereof to this noble Lady he was at all times very liberal ) remained never longer unexchanged , then after they were delivered ; and that in a coine so pretious , for language , matter , phrase , and elocution , that he was still assured of his being repayed with interest : by means of which odds of her retaliation , she ( though unknown to her self ) conquered his affections , and he from thenceforth became her inamorato : but with so close and secret a minde did he harbour in his heart , that new love , and nourish the fire thereof in his veins , that remotely skonsing it from the knowledge of all men , he did not so much as acquaint therewith his most intimate friend Crichtoun ; who , by that the Sun had deprest our Western horizon by one half of the quadrant of his Orb , did , after supper , with his sweet Lady ( whom he had by the hand ) return againe to the bed-chamber , wherein formerly they were ; and there , without losing of time ( which by unnecessary puntilios of strained civility , and affected formalities of officious respect , is very frequently , but too much lavished away , and heedlesly regarded , by the young Adonises , and faint-hearted initiants in the exercises of the Cytheraean Academy ) they barred all the ceremonies of pindarising their discourse , and sprucifying it in a la mode salutations , their mutual carriage shewing it self ( as it were ) in a meane betwixt the conjugal of man and wife , and fraternal conversation of brother and sister ; in the reciprocacy of their love , transcending both ; in the purity of their thoughts , equal to this ; and in fruition of pleasure , nothing inferior to the other : for when , after the waiting damsel had , by putting her beautiful Mistris into her Nocturnal dress , quite impoverished the ornaments of her that dayes wear , in robbing them of the inestimably rich treasure which they inclosed ; and then performed the same office to the Lord of her Ladies affections , by laying aside the impestring bulk of his journal abiliaments , and fitting him , in the singlest manner possible , with the most genuine habit a la Cypriana that Cupid could devise ; she , as it became an obsequious servant , and maid observant of her Mistrisses directions , bidding them good night with the inarticulate voyce of an humble curtesie , locked the doors of the room behind her , and shut them both in to the reverence of one another , him to her discretion , her to his mercy , and both to the passion of each other : who then finding themselves not only together , but alone with other , were in an instant transported both of them with an equal kinde of rapture : for as he looked on her , and saw the splendor of the beams of her bright eyes , and with what refulgency her Alabaster-like skin did shine through the thin cawle of her Idalian garments , her appearance was like the Antartick Oriency of a Western Aurore , or Acronick rising of the most radiant constellation of the firmament : and whilst she viewed him , and perceived the portliness of his garb ▪ comeliness of his face , sweetness of his countenance , and majesty in his very chevelure ; with the goodliness of his frame , proportion of his limbs , and symmetry in all the parts and joints of his body , which through the cobweb slenderness of his Cyllenian vestments , were represented almost in their puris naturalibus his resemblance was like that of Aeneas to , Dido , when she said , that he was in face and shoulders like a god ; or rather to her he seemed as to the female deities did Ganimed , when , after being carryed up to heaven , he was brought into the presence of Jupiter . Thus for a while their eloquence was mute , and all they spoke , was but with the eye and hand ; yet so perswasively , by vertue of the intermutual unlimitedness of their visotactil sensation , that each part and portion of the persons of either , was obvious to the sight and touch of the persons of both ; the visuriency of either , by ushering the tacturiency of both , made the attrectation of both cōsequent to the inspection of either : here was it that Passion was active , & Action passive ; they both being overcome by other , and each the conquerour . To speak of her hirquitalliency at the elevation of the pole of his Microcosme , or of his luxuriousness to erect a gnomon on her horizontal dyal , will perhaps be held by some to be expressions full of obscoeness , and offensive to the purity of chaste ears : yet seeing she was to be his wife , and that she could not be such without consummation of marriage , which signifieth the same thing in effect , it may be thought , as definitiones Logicae verificantur in rebus , if the exerced act be lawful , that the diction which suppones it ; can be of no great transgression , unless you would call it a solaecisme , or that vice in grammar which imports the copulating of the masculine with the feminine gender . But as the misery of the life of man is such , that bitterness for the most part is subsequent to pleasure , and joy the prognostick of grief to come ; so the admirable Crichtoun ( or to resume my discourse where I broke off , I say it hapened on a Shrovetuesday at night , that the ever-renowned Crichtoun ) was warned by a great noise in the streets , to be ready for the acting of another part ; for the Prince ( who till that time from the first houre of the night inclusively , for the space of four hours together , with all his attendants , had done nothing else , but rant it , roar , and roam from one Taverne to another , with haut-bois , flutes , and trumpets , drinking healths , breaking glasses , tossing pots , whitling themselves with Septembral juyce , tumbling in the kennel , and acting all the devisable feats of madness , at least so many as in their irregular judgements did seem might contrevalue all the penance they should be able to do for them the whole Lent thereafter ) being ambitious to have a kiss of his Mistris hand ( for so , in that too frolick humour of his , he was pleased to call this young Lady ) before he should go to bed ; with nine Gentlemen at his back , and four pages carrying waxe tapers before him , comes to the place where Crichtoun and the foresaid Lady were ( though the Prince knew nothing of Crichtoun's being there ) and knocks at the outer gate thereof . No answer is made at first ; for the whole house was in a profound silene , and all of them in the possession of Morphee , save that blessed pair of pigeon-like lovers , in whom Cupid , for the discharge of Hymenaean rites , had inspired a joynt determination to turne that whole nights rest to motion : but the fates being pleased otherways to dispose of things then as they proposed them , the clapper is up again , and they rap with a flap , till a threefold clap made the sound to rebound . With this the Porter awakes , looks out at a lattice-window of his lodge , and seeing them all with masks and vizards on their faces , asked them what their desire was , or what it might be that moved them to come so late in such a disguise ? The Prince himself answered , that they were Gentlemen desirous onely to salute my Lady ; which courtesie when obtained , they should forthwith be gone . The porter advertiseth the page , and tells him all ; who doing the same to the waiting Gentlewoman , she , to receive orders from her Mistris , opens the chamber-doore , enters in , relates the story , and demands direction from my Lady ; who immediately bids her call the page to her : she does it ; he comes , and enquiring what the will of her signoria was with him , she enjoynes him to go down and beseech those Gentlemen to be pleased to have her excused for that night , because she was abed , and not so well as she could wish , to bear them company ; yet if they conceived any fault in her , she should strive to make them amends for it , some other time : the page accordingly acquits himself of what is recommended to him ; for after he had caused open the wicket of the gate , and faced the street , he first saluted them , with that Court-like dexterity , which did bespeak him a well-educated boy , and of good parentage ; then told them , that he was commanded by his Lady Mistris to intreat them ( seeing she knew not what they were , and that their wearing of vizards did in civility debar her from enquiring after their names ) to take in good part her remitting of that their visit to another time , by reason of her present indisposure , and great need of rest ; which if , they should have any pretext to except against , she would heartily make atonement for it , and given them satisfaction at any other time . The Princes answer was , that he thought not but that he should have been admitted with less ceremony , and that though the time of the night , and his Lady-mistris her being in a posture of rest , might seem to plead somewhat for the non-disturbance of her desired solitariness ; that nevertheless the uncontrolled priviledges of the season exempting them from all prescribed ( and at all other times observed ) boundaries , might in the carnavaleceve , and supremest night of its law transcendent jollities , by the custome of the whole Country , very well apologize for that trespass . Which words being spoken , he , without giving the Page leisure to reply , pretending it was cold in the streets , rusht in at the open wicket even into the Coutt , with all his gentlemen , and Torch-bearers , each one whereof was no less cup-shotten then himself . The Page astonished at such unexpected rudeness , said , with an audible voice , What do you mean , gentlemen ? do you intend to break in by violence , and at such an undue time enforce my Lady to grant you admittance . Look , I pray you , to your own reputations ; and if regardless of any thing else , consider what imputation , and stain of credit wil lye upon you , thus to commit an enormous action , because of some colour of justifying it by immunities of set times , grounded upon no reason but meer toleration , without any other warrant then a feeble inveterate prescription ; therefore let me beseech you , gentlemen , if you love your selves , and the continuation of your own good names , or tender anykind of respect to the honor of Ladys , that you would be pleased of your own accords , to chuse rather to return from whence you came , or go whither elswhere you will , then toimagin anyrational man wil think that your masks & vizards can be sufficient covers , wherewith to hide and palliate the deformedness of this obtrusive incivility . One of the Princes gentlemen ( whose braines the fumes of Greek and Italian wines had a little intoxicated ) laying hold only upon the last word ( all the rest having escaped both his imagination and memory , like an empty sound which makes no impression ) and most eagerly grasping at it ( like a snarling curr , that in his gnarring snatcheth at the taile ) ecchoes it , incivility ; then coming up closer to him , and saying , how now Jackanapes , whom do you twit with incivility , he gave him such a sound thwack over the left shoulder with his sword , scabard and all , that the noise thereof reached to all the corners of my Ladyes bed-chamber ; at which the generous Page ( who besides his breeding otherwayes , was the son of a nobleman ) being a little commoved and vexed at an affront so undeservedly received , and barbarously given , told the Esquire who had wronged him , that if he had but had one drop of any good blood within him , he never would have offered to strike a gentleman that wanted a weapon wherewith to defend himself ; and that although he was but of fourteen yeers of age , and for strength but as a springal or stripling in regard of him , he should nevertheless ( would any of those other nine gentlemen ( as he called them ) be pleased to favour him but with the lend of a sword ) take upon him even then , and on that place , to humble his cockes-comb , pull his crest a little lower down , and make him faine ( for the safety of his life ) to acknowledge that he is but a base and unworthy man. Whilst the gentleman was about to have shapen him an answer , the Prince , being very much taken with the discretion , wit , garb , and courage of the boy , commanded the other to silence ; and forthwith taking the speech in hand himself , commended him very much for his loyalty to his Mistris ; and ( for his better ingratiating in the Pages favour ) presented him with a rich Saphir , to shew him but the way to my Ladyes Chamber , where he vowed that ( as he was a gentleman ) he would make no longer stay then barely might afford him the time to kiss her hands , and take his leave . The sweet boy ( being more incensed at the manner of that offer of the prince ( whom he knew not ) then at the discourtesie he had sustained by his aforesaid gentleman ) plainly assured him , that he might very well put up his Saphir into his pocket againe ; for that all the gifts in the world should never be able to gaine that of him , which had not ground enough in reason for perswading the grant thereof without them . After that the Prince and Pomponacio ( for so they called the Page ) had thus for a long time together debated to and againe , the reasons for and against the intended visit , with so little success on either side , that the more artifice was used in the Rhetorick , the less effect it had in the perswasion : The Prince unwilling to miss of his mark , and not having in all the quivers of his reason one shaft wherewith to hit it , resolved to interpose some authority with his argumentations , and where the foxes skin could not serve , to make use of the Lyons : to the prosecuting of which intent , he with his vinomadefied retinue , resolved to press in upon the Page , and , maugre his will , to get up staires , and take their fortune in the quest of the Chamber they aimed at : for albeit the stradling as wide as he could , of pretty Pomponacio at the door whereat they made account to force their passage , did for a while retard their designe , because of their chariness to struggle with so hopeful a youth , and tender imp of so great expectation , yet at last , being loath to faile of their end , by how indirect meanes soever they might attaine thereto , they were in the very action of crowning their violence with prevalency , when the admirable and ever-renowned Crichtoun , who at the Princes first manning of the Court taking ●he Alarm , step'd from the shrine of Venus , to the Oracle of Pallas armata ; and by the help of the waiting gentlewoman , having apparelled himself with a paludamental vesture , after the antick fashion of the illustrious Romans , both for that he minded not to make himself then known , that to walk then in such like disguise was the anniversary custome of all that country , and that all both gentlemen and others standing in that Court , were in their mascaradal garments ; with his sword in his hand , like a messenger from the gods , came down to relieve the Page from the poste whereat he stood Sentry ; and when ( as the light of the minor Planets appeares not before the glorious rayes of Titan ) he had obscured the irradiancy of Pomponacio with his more effulgent presence , and that under pretext of turning him to the Page to desire him to stand behind him , as he did , he had exposed the full view of his left side ( so far as the light of Torches could make it perceivable ) to the lookers on , who , being all in cuerpo carying swords in their hands in stead of cloaks about them , imagined really , by the badge or cognizance they saw neer his heart , that he was one of my Ladies chief domestick servants : he addressed his discourse to the Prince , and the nine gentlemen that were with him ; neither of all whereof , as they were accoutred , was he able ( either by the light of the Tapers , or that of the Moon , which was then but in the first week of its waxing , it being the Tuesday next to the first new Moon that followed the purification day ) to discern in any manner of way what they were : and for that he perceived by their unstedfast postures , that the influence of the grape had made them subjects to Jacchus , and that their extranean-like demeanour towards him ( not without some amazement ) did manifest his certainty of their not knowing him ; he therefore with another kind of intonation ( that his speech might not bewray him ) then that which waited upon his usual note , of utterance , made a pithy Panegyrick in praise of those that endeavoured , by their good fellowship , and Bacchanalian compagnionry , to cheer up their hearts with precious liquour , and renew the golden age ; whence descending to a more particular application , he very much applauded the ten gentlemen , for their being pleased ( out of their devotion to the Lyaean god , who had with great respect been bred and elevated amongst the Nymphs ) not to forget , amidst the most sacred plying of their symposiasms , that duty to Ladyes which was incumbent on them to be performed in the discharge of a visite : then wh●eling neatly about to fetch another careere , he discreetly represented to them all the necessary circumstances at such a visit observable , and how the infringing of the meanest title or particle of any one thereof , would quite disconcert the mutual harmony it should produce , and bring an unspeakable disparagement to the credits and honors of all guilty of the like delinquency . In amplifying hereof , and working upon their passions , he let go so many secret springs , and inward resorts of eloquence , that being all perswaded of the unseasonableness of the time , and unreasonableness of the suit , none of them , for a thousand ducats that night , would have adventured to make any further progress in that after which a little before they had been so eager : so profound was the character of reverence toward that Lady , which he so insinuatingly had imprinted into the hearts of them all ; wherefore they purposing to insist no longer upon the visitatory design , did cast their minds on a sudden upon another far more haire-brained consideration ; when the Prince to one of his chief gentlemen said , We wil do this good fellow no wrong ; yet before we go hence , let us try what courage is in him , that after we have made him flee for it , we may to morrow make one excuse for all , to the Lady whom he serveth . Do not you see ( sayes he ) how he dandleth the sword in his hand , as if he were about to braveer us , and how he is decked and trimm'd up in his cloaths , like another Hector of Troy , but I doubt , if he be so martial , he speaks too well to be valiant : he is certainly more Mercurial then military ; therefore let us make him turn his back , that we may spie if , as another Mercury , he hath any wings on his heels . This foolish chat no sooner was blattered out to the ears of three of his gentlemen , that were nearest to him , but the sudden drawing of their swords , though but injest , made the other 6 who heard not the Prince , as if they had bin mad , to adventure the rashness wherewith the spirit of wine had inspired them , against the prudensequal & invincible fortitude of the matchless Crichtoun ; who not being accustomed to turn his back to those that had any project against his brest , most manfully sustained their encounter ; which ( although furious at first ) appearing nevertheless unto him ( because of the odds of ten to one ) not to have been in earnest , he for twenty several bouts , did but ward their blows , and pary with the fort of his sword , till by plying the defensive part too long , he had received one thrust in the thigh , and another in the arme ; the trickling of his blood from the wounds whereof , prompted his heroick spirit ( as at a desperate stake to have at all or none ) to make his tith outvytheir stock , and set upon them all ▪ in which resolution when from the door whereat he stood , he had lanched forth three paces in the Court ( having lovely Pomponacio behind him , to give him warning in case of surprisal in the reer , and all his ten adversaries in a front before him , who , making up above a quadrant of that periphery whereof his body was the center , were about , from the exterior points of all their right shoulder-blades , alongst the additional line of their armes and tucks , to lodge home in him so many truculent semi-diameters ) he retrograding their intention , and beginning his agency , where they would have made him a patient , in as short space as the most diagrammatically-skilled hand , could have been able to describe lines representative of the distance 'twixt the earth and the several kardagas , or horary expeditions of the Suns Diurnal motion , from his aequinoxial horizontality to the top of his Meridian hight ( which , with the help of a ruler by six draughts of a pen , is quickly delineated ) livered out six several thrusts against them , by vertue whereof he made such speedy work upon the respective segments of that debauch'd circumference , through the red-ink-marks , which his streightdrawn stroaks imprinted , that being alonged from the center-point of his own courage , and with a thunder-bolt-like-swiftness of hand radiated upon their bodies , he discussed a whole quadrant of those ten , whereof four and twenty make the circle ; and laying six of the most inraged of them on their backs , left ( in the other four ) but a Sextant of the aforesaid ring , to avenge the death of their dismal associates . Of which quaternity , the Prince ( being most concerned in the effects of this disaster , as being the only cause thereof ( though his intentions levelled at another issue ) and like to burst with shame to see himself loadned on all sides with so much dishonour , by the incomparable valour of one single man ) did set forward at the swords point , to essay if in his person so much lost credit might be recovered , and to that purpose comming within distance , was upon the advancing of a thurst in quart ; when the most agil Crichtoun pareing it in the same ward , smoothly glided a long the Princes sword , and being master of its feeble , was upon the very instant of making his Highness very low , and laying his honor in the dust , when one of the three Courtiers whom fortune had favoured not to fall by the hand of Crichtoun , cryed aloud Hold , hold , kill not the Prince : at which words the courteous Crichtoun recoyling , and putting himself out of distance , the Prince pulled off his vizard , and throwing it away , shew his face so fully , that the noble-hearted Crichtoun , being sensible of his mistake , and sory so many of the Princes servants should have enforced him , in his own defence , to become the actor of their destruction , made unto the Prince a very low obeisance ; and setting his left knee to the ground ( as if he had been to receive the honor of Knight-hood ) with his right hand presented him the hilts of his own conquering sword , with the point thereof towards his own brest , wishing his highness to excuse his not knowning him in that disguise , and to be pleased to pardon what unluckily had ensued upon the necessity of his defending himself , which ( at such an exigent ) might have befaln to any other , that were not minded to abandon their lives to the indiscretion of others . The Prince , in the throne of whose judgement the rebellious vapours of the Tun had installed Nemesis , and caused the irascible faculty shake off the soveraignty of reason , being without himself , and unable to restraine the impetuosity of the wills first motion , runs Crichtoun through the heart with his own sword , and kils him : in the interim of which lamentable accident , the sweet and beautiful Lady ( who by this time had slipped her self in-a cloth-of-Gold petticoat , in the anterior fente whereof was an asteristick ouch , wherein were inchased fifteen several diamonds , representative of the constellation of the primest Stars in the signe of Virgo ; had enriched a tissue gown and wastcoat of brocado with the precious treasure of her Ivory body ; and put the foot-stals of those Marble pillars which did support her Microcosme , into a paire of incarnation Velvet slippers embroydered with purle ) being descended to the lower door ( which jetted out to the courtwards ) where Pomponacio was standing , with the curled tresses of her discheveled haire dangling over her shoulders , by the love-knots of whose naturally-guilded filaments were made fast the hearts of many gallant sparks , who from their liberty of ranging after other beauties , were more forcibly curbed by those capillary fetters , than by so many chaines of iron ; and in the dadalian windings of the crisped pleats whereof , did lye in ambush a whole brigade of Paphian Archers , to bring the loftiest Martialists to stoop to the shrine of Cupid ; and , Arachne-like , now careering , now caracoling it alongest the Polygonal plainness of its twisted threds ) seaze on the affections of all whose looks should be involved in her locks ; and , with a presentation exposing to the beholders all the perfections that ever yet were by the graces conferred on the female sexe , all the excellencies of Juno , Venus , and Minerva ; the other feminean Deities , and semi-goddesses of former ages , seeming to be of new revived , and within her compiled , as the compactedst abbridgement of all their best endowments ; stepped a pace or two into the Court ( with all the celerity that the intermixed passions of love and indignation was able to prompt her to : during which time which certainly was very short , because , to the motions of her angelically-composed body , the quantity attending the matter of its constitution was no more obstructive , then were the various exquisite qualities flowing from the form thereof , wherein there was no blemish ) the eyes of the Princes thoughts , and those were with him ( for the influences of Cupid are like the actions of generation , which are said to be in instanti ) pryed into , spyed , and surveyed from the top of that sublimely-framed head , which culminated her accomplishments , down along the wonderful symmetry of her divinely-proportioned countenance ; from the glorious light of whose two luminaries , Apollo might have borrowed rayes to court his Daphne , and Diana her Endymion : even to the rubies of those lips , where two Cupids still were kissing one another for joy of being so neer the enjoyment of her two rows of pea●les inclosed within them ; and from thence through the most graceful objects of all her intermediate parts , to the heaven-like polished prominences of her mellifluent and heroinal breast , whose porphyr streaks ( like arches of the ecliptick and colures , or azimuch and Almicantar-circles intersecting other ) expansed in pretty veinelets ( through whose sweet conduits run the delicious streams of Nectar , wherewith were cherished the pretty sucklings of the Cyprian goddesse ) smiled on one another to see their courses regulated by the two niple-poles above them elevated , in each their own hemisphere ; whose magnetick vertue , by attracting hearts , and sympathy in their refocillation , had a more impowering ascendent over poetick lovers , for furnishing their braines with choise of fancy , then ever had the two tops of Parnassus-hill , when animated or assisted by all the wits of the Pierian Muses : then from the snow-white galaxy betwixt those gemel-monts , whose milken paths , like to the plaines of Thessaly , do by reflexion calefie , to that procuberant and convexe Ivory , whose meditullian node , compared with that other , where the ecliptick cuts the aequinoxial , did far surpass it in that property whereby the night is brought in competition with the day : whence having past the line , and seeming to depress the former pole to elevate another , the inward prospect of their minde discovered a new America , or land unknown , in whose subterranean & intestine cels were secret mines of greater worth , then those of either Tibar or Peru , for that besides the working in them could not but give delight unto the Mineralist , their metal was so reciptible for impression , and to the mint so plyable , that Alchymists profoundly versed in Chymical extractions , and such as knew how to imbue it with Syndon , and crown the Magisterum with the elixir , instead of treasures Merchants bring from the Inda's , would have educed little worlds , more worth then gold or silver . All this from their imagination being convoyed into the penitissim corners of their fouls in that short space which I have already told , she rending her garments , and tearing her haire , like one of the graces possest with a fury , spoke thus : O villains ! what have you done ? you vipers of men , that have thus basely slaine the valiant Crichtoun , the sword of his own sexe , and buckler of ours , the glory of this age , and restorer of the lost honor of the Court of Mantua : O Crichtoun , Crichtoun ! At which last words , the Prince hearing them uttered by the Lady in the world he loved best , and of the man in the world he most affected , was suddenly seazed upon by such extremity of sorrow for the unhappiness of that lamentable mischance , that not being able to sustaine the rayes of that beauty , whose percing aspect made him conscious of his guilt , he fell flat upon his face , like to a dead man : but knowing omne simile not to be idem , he quickly arose ; and , to make his body be what it appeared , fixed the hilt of the sword wherewith he had killed Crichtoun , fast betwixt two stones , at the foot of a marble statue standing in the Court ( after the fashion , of those staves with iron pikes at both ends ( commonly called Swedish feathers ) when stuck into the ground to fence Musketeers from the charge of horse ) then having recoyled a little from it , was fetching a race to run his brest ( which for that purpose he had made open ) upon the point thereof ( as did Cato Vticensis after his lost hopes of the recovery of the Commonwealth of Rome ) and assuredly ( according to that his intent ) had made a speedy end of himself , but that his three Gentlemen ( one by stopping him in his course , another by laying hold on him by the middle , and the third by taking away the sword ) hindred the desperate project of that autochtony . The Prince being carryed away in that mad , frantick , and distracted humour ( befitting a Bedlam better then a Serralio ) into his own palace , where all manner of edge-tools were kept from him all that sad night , for fear of executing his former designe of self-murther : as soon as to his father my Lord Duke on the next morning by seven a clock ( which by the usual computation of that Country , came at that season of the yeer to be neer upon fourteen hours , or fourteen a clock ) the story of the former nights tragedy was related & that he had solemnly vowed he should either have his son hanged , or his head struck off , for the committing of a so ingrate , enormous , and detestable crime ; one of his courtiers told him , that ( by all appearance ) his son would save his highness justice a labour , and give it nothing to do ; for that he was like to hang himself , or after some other manner of way to turn his own Atropos . The whole Court wore mourning for him full three quarters of a yeer together : his funeral was very stately , and on his hearse were stuck more Epitaphs , Elegies , Threnodies , and Epicediums , then , if digested into one book , would have out-bulk't all Homers works ; some of them being couched in such exquisite and fine Latin , that you would have thought great Virgil , and Baptista Mantuanus , for the love of their mother-City , had quit the Elysian fields to grace his obsequies : and other of them ( besides what was done in other languages ) composed in so neat Italian , and so purely fancied , as if Ariosto , Dante , Petrark , and B●mbo had been purposely resuscitated , to stretch even to the utmost , their Poetick vein , to the honour of this brave man ; whose picture till this hour is to be seen in the bed-chambers or galleries of the most of the great men of that Nation , representing him on horseback , with a Lance in one hand , and a Book in the other : and most of the young Ladies likewise , that were any thing handsome , in a memorial of his worth , had his effigies in a little oval tablet of gold , hanging 'twixt their breasts ; and held ( for many yeers together ) that Metamazion , or intermammilary ornament , an as necessary outward pendicle for the better setting forth of their accoutrements , as either Fan , Watch , or Stomacher . My Lord Duke , upon the young Lady that was Crichtoun's Mistris , and future wife ( although she had good rents and revenues of her own by inheritance ) was pleased to conferr a pension of five hundred ducats a yeer : the prince also bestowed as much on her , during all the dayes of his life , which was but short ; for he did not long enjoy himself after the cross fate of so miserable an accident . The sweet Lady ( like a Turtle bewailing the loss of her mate ) spent all the rest of her time in a continual solitariness ; and resolved , as none before Crichtoun had the possession of her body , that no man breathing should enjoy it after his decease . The verity of this story I have here related concerning this incomparable Crichtoun , may be certified by above two thousand men yet living , who have known him : and truly of his acquaintance there had been a far greater number , but that before he was full 32 yeers of age , he was killed , as you have heard . And here I put an end to the Admirable Scot. The Scene of the choicest acts of this late Heros of our time having been the Country of Italy , the chief State whereof is Venice ; it cannot be amiss ( as I have done for Spaine , France , Holland , Denmark , Swedland , and Germany ) that I make mention of these four Scotish Colonels , Colonel Dowglas , Colonel Balantine , Colonel Lyon , and Colonel Anderson ; who ( within these very few yeers ) have done most excellent service to the Venetian Commonwealth : nor can I well forget that Sea-Captain , Captain William Scot , whose martial atchievements in the defence of that State against the Turks , may very well admit him to be ranked amongst the Colonels : he was Vice-admiral to the Venetian Fleet , and the onely renowned bane and terror of Mahometan Navigators : whether they had Galleys , Galeoons , Galiegrosses , or huge war-ships , it was all one to him ; he set upon all alike , saying still , The more they were , the manyer he would kill ; and the stronger that the encounter should happen to be , the greater would be his honour , and his prise the richer . He oftentimes so cleared the Archipelago of the Mussulmans , that the Ottoman family at the very gates of Constantinople , would quake at the report of his victories : and did so ferret them out of all the creeks of the Adriatick gulph , and so shrewdly put them to it , that sometimes they did not know in what part of the mediterranean they might best shelter themselves from the fury of his blows : many of their mariners turned land-souldiers for fear of him ; and of their maritime officers , several took charge of Caravans , to escape his hand , which for many yeers together lay so heavy upon them , that he was cryed up for another Don Jean d' Austria , or Duke d' Orea , by the enemies of that Scythian generation ; in spight of which , and the rancour of all their unchristian hearts , he dyed but some eighteen moneths ago in his bed of a feaver in the Isle of Candia . Now as besides those Colonels above recited , many other Scotish Colonels since the Jubilee of 1600. till the yeer 1640. have faithfully served the Venetian State against both the Christian and Turkish Emperours : so ; in the intervals of that time , have these following Scotish Colonels been in the service of the King of Pole , against both the Moscoviter , Turk , and Swed ; to wit , Colonel Lermond , Colonel Wilson , Colonel Hunter , Colonel Robert Scot , Colonel Gordon , Colonel Wood , Colonel Spang , Colonel Gun , Colonel Robertson , Colonel Rower , and several others . And seeing we are come so far on in the deduction of the Scotish Colonels , who for the space of thirty or fourty yeers , without reckoning the last ten , have been so famous for their valour , in the continent of Europe ( from whence the Isle of Britain excludes it self ) that neither thick nor thin , hunger nor plenty , nor heat nor cold , was said to have been able to restraine them from giving proof thereof ; and that from the hot Climates of Spaine , Italy , and France , we have in prosecuting the threed of this discourse , travelled through those of a mediocer temper of the Low countries , Denmark & Hungary even to the cold regions of Germanie , Swedland , and Pole ; I hold it expedient before I shut up this enumeration of Scotish Colonels into a period , that the very Scyths and Sarmats , even to the almost subarctick incolaries , be introduced to bear record of the magnanimity of the Scotish Nation ; which , nevertheless ( because I would not trespass upon the Readers patience , in making the nomenclature too prolixe ) I make account to do , by setting down only the names of those Scotish Colonels that served under the great Duke of Moscovy , against the Tartar and Polonian ; viz. Colonel Alexander Crawford , Colo - Alexander Gordon , Colonel William Keith , Colonel George Mathuson , Colonel Patrick Kinindmond , and Colonel Thomas Garne , who ( for the hieght and grosseness of his person , being in his stature taller , and greater in his compass of body , then any within six domes about him ) was elected King of Bucharia ; the inhabitants of that Country being more inclined to tender their obedience to a man of a burly pitch like him , ( whose magnitude being every way proportionable in all its dimensions , and consisting rather in bones then flesh , was no load to the minde , nor hindrance to the activity of his body ) then to a lower-sized man ; because they would shun equality ( as near as they could ) with him , of whom they should make choice to be their Soveraign ; they esteeming nothing more disgraceful , nor of greater disparagement to the reputation of that State , then that their King should , through disadvantage of statute , be looked down upon by any whose affaires ( of concernment perhaps for the weal of the Crown ) might occasion a mutual conference face to face . He had Ambassadors sent to him to receive the Crown , Scepter , Sword , and all the other royal cognizances belonging to the Supreme Majesty of that Nation : but I heard him say , that the only reason why he refused their splendid offers , and would not undergo the charge of that regal dignity , was , because he had no stomack to be circumcised : however this uncircumcised Garne , agnamed the Sclavonian , and upright Gentile ( for that he loves good fellowship , and is of a very Gentile conversation ) served as a Colonel , together with the forenamed five , and other unmentioned Colonels of the Scotish Nation in that service , against the crim Tartar , under the command of both his and their compatriot , Sir Alexander Leslie , Generalissimo of all the forces of the whole Empire of Russia : which charge ( the wars against the Tartarian beginning afresh ) he hath re-obtained , and is in the plenary enjoyment thereof ( as I believe ) at this same instant time ; and that with such approbation for fidelity and valour , that never any hath been more faithful in the discharge of his duty , nor of a better conduct in the ininfinite dangers through which he hath past . I shall only here by the way , before I proceed any further , make bold to desire the Reader to consider ( seeing so short a space as thirty or four and thirty yeers time hath produced so great a number of Colonels , and others above that degree of the Scotish Nation , universally renowned for their valour and military atchievements in all the Forraign and transmarine Countries , States , and Kingdoms of Christendome ) what vast number of Lieutenant-Colonels , Majors , Captaines , Lieutenants , Ensignes , &c. besides the collateral officers of an army , such as Adjutants , Quartermasters , Commissaries , Scoutmasters , Marshals , and so forth through all the other offices belonging to the Milice of a Nation , either by Sea or Land , should be found of Scotish men to have been since they yeere one thousand and six hundred , in the many several out-landish wars of Europe ; which I cannot think ( if prejudicacy be laid aside ) but that it will so dispose the Reader , that he will acknowledge the Scotish Nation to have been an honorable Nation ( and that of late too ) in their numerousness of able and gallant men totally devoted to the shrine of Mars ; of which sort as I have omitted many worthy and renowned Colonels abroad , so will I not insist upon the praise of two of our countrymen , Sir John Hume of Eatoun by name , and Francis Sinclair , natural son to the late Earl of Catnes ; the first whereof in his travels through Italy , by his overmastering , both at the blunt and sharp , the best swordmen and fence-masters of that country , acquired the reputation of the skilfullest man in the world at the Rapeer-point , yet being killed at a battel in Denmark some few yeers agoe , to shew that there wanted not another of the same Scottish Nation to supply his place , and to inherit every whit as deservedly that hight of fame conferred on him for his valour , the most couragious and magnanimous acts of the aforesaid Francis Sinclair will manifest it to the full , with almost the universal testimony of all Spaine , Italy , and Germany , which for many yeers together were the theaters of his never-daunted prowess . To relate all the duels wherein he hath been victorious , and but to sum them together , it would amount to a greater number , then all the lessons that the most consciencious master of Escrime that is , doth usually give in a whole three yeers space , to him whom he intends to make a proficient in that faculty : therefore in stead of all ( as by the dimension of Hercules foot , one may judge of the stature of his body ; and by the taste of a spoonful ( as the saying is ) to know what kinde of liquor is in a Tun ) I will only make mention of two actions of his , one done at the Emperours Court in Vienne , and the other at Madrid in Spaine . The first was thus : A cerrain gallant nobleman of high - Germany ( who by the stile of Conquerour ( without any other addition ) in duels , wherein he had overthrown all those of any Nation that ever coped with him ) having repaired to the great City of Vienne , to accresce his reputation in some more degrees , by the subjection of any proud spirit there , eager in that sort of contestation , whereof he heard there were many ; and notice being given to him of this Sinclair , who had a perfect sympathy with him in that kind of adventuring humour , they very quickly met with one another , and had no sooner exchanged three words , when time and place being assigned for debating the combate , they determined to take nothing in hand , till first it were made known , who should ( to the very hazard of their lives ) bear clear away the palme , and reap the credit of the bravest Champion : but the news thereof being carryed to the Emperor ( who being unwilling that the victor should terminate the concertation in the blood of the vanquished , and yet desirous for his own sport , that by them somewhat might be done before him , in matter of tryal which of them should prove most skilful in the handling of his armes ) he enjoyned them , at a perfixed time , in his own presence to decide the controversie with Foyles : and for the better animating them thereto , assured them , that which of them soever should give the other the first three free bouts , should , for his salary or epinicion , have a paire of Spurs of beaten Gold set with Diamonds . The combatants very heartily embraced the condition , and were glad to turn the sharp to blunt , to gaine the Gold Spurs : by which means , their hope of overcoming on both sides , having cheerfully brought them to the appointed place and time designed for the purpose , they had no sooner adjusted themselves in equal termes for Foyles and every thing else befitting that jeopardless monomachy , but Sinclair ( at first , before he came within full distance , to try the manner of his adversaries play ) made a flourish or two of very nimble and most exquisite falsifyings ; whereat the other ( conceiving them for really-intended thrusts ) was so disordred in his motion , that , offering to ward , where he needed not , and taking the Alarm too hot , Sinclair was so confident of his own sufficiency against that High-Dutchman , that when he had askt the Emperor , for how many Franch bouts his Majesty would adjudge the Spurs to be gained , and that the Emperor's answer was , For the first three ; Sinclair replied , If he did not give him five on end , he should be content to forfeit the Spurs , and two hundred Crowns besides : whereupon immediately facing his adversary ( to let him know that many ward without a cause , that cannot pary when they should ) with the coinstantanean swiftness of hand and foot , gave him de pie-forme , a terrible slap on the breast , wherewith the German Lord did so stagger , that before he could fully recover himself , the blow was doubled , and redoubled , with a sound thwack on the back of those , seconded with another bounce , not leaving him , till with a push , and a thump again he had hit him seven several times , and that with the same confidence & facility , that the usher of a fencinghall useth to alonge against his Masters plastron . The Emperour , by the thud of each stroak , which farthered his counting , having reckoned beyond the number of the five promised bouts , and unwilling Sinclair should lack of his due , or the other have his ribs broken , cryed aloud , Hola , forbear , enough : whereupon the duellists desisting , the Emperor required them both to stand before him ; who seeing the seven marks which the button of Sinclairs foyle , whitened with chalk , had imprinted in the others black Sattin doublet , and how they lay in order after the manner of the situation of the seven Stars of the little Bear , laughed heartily ( for he was a peece of an Astronomer , and a great favourer of Mathematicians ) then addressing his speech to Sinclair ( who had so much natural Arithmetick , as to know that seven included five ) asked him , why in livering in of his thrusts he exceeded the promised number , seeing five was susficient for gaining of the prize ; and why being pleased to make them seven , he had fixed them in their stations after the fashion of a Charlewaine ? Sinclair ( to whom though Astronomy might have signified somewhat to eat , for any thing he knew of the Science , had nevertheless the perspicacity to make the word Charlewaine serviceable to his present purpose ) very promptly answered , Sir , I did so place them , in honour of my master CHARLES King of great Britain ; and gave in two venees more then I was obliged to , to give your Caesarean Majesty to understand , that , in the two Kingdoms of England and Scotland , whereof that Isle consists , there are many thousands more expert then I , in matter of Martial feats . At which answer the Emperor was so well pleased , that he gave him the Spurs as his due for the first five , and a gold chaine for the other two . In the mean while ( for the Emperors better diversion ) a certain Spanish Hidalgo of the Leopoldo's Court , made bold to relate to his Imperial Majesty , how the said Francis Sinclair had in the City of Madrid performed a more notable exploit , and of far greater adventure , which was this . Eight Spanish Gentlemen being suspicious of Sinclair's too intimate familiarity with a kinswoman of theirs ( whom they called Prima , that is to say , a she-cozen ) did all together set upon him at one time , with their swords drawn ; which unexpected assault moved him to say , Gentlemen , I doubt not but you are valiant men ; therefore if you would have your desire of me , my intreaty is only that you would take it as it becòmes men of valour , and that by trying your fortune against mine , at the swords point , one after another . The Spaniards pretending to be men of honour , not only promised to do what he required , but , the better to assure him that they would prove faithful to him in their promise , swore all of them upon a cross which they made with their swords , that they would not faile therein , should it cost them all their lives . In the extremity that Sinclair was , this kind of unhoped-for honest dealing did very much incourage him , especially he knowing that he and they all had but Toledo-blades , whose fashion was then to be all of one length and size ; in a word , conforme to paction , they fell to it , and that most cleverly , though with such fatality on the Spanish side , that in less then the space of half an hour he killed seven of them Epassyterotically , that is , one after another ; gratifying the eighth ( to testifie he had done no wrong to the rest ) with the enjoyment of his life , who , rather then to undergoe the hazard of the destiny of his fore-runners , chused to abandon his vindicative humour , and leave unrevenged the blood and honour of his male and female cosens . Much more may be said of him , but that I will not now supererogate in magnifying the fulfilment of the Readers expectation , by the performance of more then I promised ; being resolved , for brevities sake , to pass over with silence many hundreds of our country ( such as Robert Scot , who was the deviser of Leathern guns ) that were in other parts much esteemed for their inventions of warlike Engines . And that since the yeer a thousand and six-hundred , before which time no action hath been performed anywhere , nor from that time , till this within the Isle of Britain , by any of those Colonels and others , whom I have here before recited , for which I have praised them , or otherwaies mentioned any of them ; but by way of designation of their names , in relation to their service abroad : nor amongst them all have I nominated above five or six , that either served in , or did so much as look upon the wars of England , Scotland , and Ireland ; and yet I expect not to merit blame , albeit of those general persons , and Colonels of the Scotish Nation ( whereof there is a great multitude ) that have served ( since the yeer 1641. ) in these our late wars of England , Scotland , and Ireland , I make no mention , because multitudo is no more virtus then magnitudo ; for though there be some ( and those but very some ) amongst them , that have been pretty well principled in reason , and had true honor before their eyes ; yet seeing the great mobil of the rest , by circumvolving them into a contrary motion , hath retarded their action , and made their vertue abortive , in not expressing their names , I do them favour , by such concealment obviating the imputation , which they deserve for having been in so bad company , and undersphering themselves to the bodies of those vaster orbs ( whether of the State , Milice , or Church of Scotland ) whose rapidity of violence might hurry them into a course quite opposite to the goodness of their own inclination . For whoever they be ( whether civil or Ecclesiastical ) of the Scotish Nation , whom the English can with any kind of reason upbraid with covetousness , the Commons of Scotland with oppression , or other States and Countryes with treachery and dissimulation ; it is my opinion , that their names should not otherwayes be recorded , but as Beacons are set up where there are dangerous passages by Sea , that such thrifty navigators ( whether coetaneans or successors ) as intend to saile with safety into the harbour of a good conscience , may thereby avoid the rocks and shelves of their greedy , Tyrannous , and hypocritical dealings : nor can it be a sufficient excuse for any of those officers to say they thought they could not offend God therein , for that the Kirk did warrant them in what they did ; seeing they might very well know , that it becometh such , as would take upon them a charge over and against the lives of others in the respective preservation and destruction of their souldier-friends and foes , to have principles within themselves for the regulating of their outward actions , and not to be driven like fools for advice sake to yeeld an implicite obedience to the oracles of the Delphian Presbytery , whose greatest Enthusiasts ( for all its cryed-up infallibility ) have not possibly the skill to distinguish betwixt Rape-seed and Musket-powder . If any say that by taking such a course , their motion seems to be the more Celestial , because ( in imitation of the upper Orbs ) it is furthered by the assistance of an external intelligence ; I answer , that according to the opinion of him in whose Philosophy they read those separated animations , to each of the heavens is allowed an informant as well as assisting soul : and though that were not , the intelligences are so far different , that there is hardly any similitude , whereupon to fixe the comparison : for those superior ones are pure simplicissim acts , insusceptible of passion , and without all matter , or potentiality of being affected with any alteration ; but these are gross mixed patients , subject to all the disorders of the inferiour appetites , plunged in terrestrial dross , and for their profit or lucre in this world , lyable to any new impressions . That the Gentry then , and Nobility of Scotland , whereof for the most part did consist those fresh-water-officers , should by their codrawing in the Presbyterian yoak , have plowed such deep and bloody furrows upon the backs of the commons of their own native soyle , is not only abominable , but a thing ridiculous , and an extream scandal to the Nation : for when some Laird or Lord there ( whose tender conscience could embrace no Religion that was not gainefull ) had , for having given his voice ( perhaps ) to the augmentation of a Ministers stipend , or done such like thing tending to the glory of the new Diana of Ephesus , obtained a Commission for the levying of a Regiment of horse , foot , or dragoons , under pretext of fighting for God against the Malignants and Sectaries ; then was it that by uncessant quarterings , exacting of trencher-money , and other most exorbitant pressures upon the poor tenandry of that country , such cruelty and detestable villany was used , and that oftentimes by one neighbour to another , under the notion of maintaining the Covenant , and the cause of God , that hardly have we heard in any age of such abominations done by either Turk or Infidel : and all out of a devotion to the blessed sum of money , which the master of these oppressed tenants , for saving of his land from being laid wast , must needs disburse : for most of those Kirk-officers of Regiments , and their subordinado's , were but very seldom well pleased with the production of either man or horse , how apt soever they might seem to prove for military service , alledging some fault or other to the horse ; and that the man , for lack of zeal ( for any thing they knew ) to the Covenant , might procure a judgement from heaven upon the whole army ; that therefore they would take but money , thereby the better to enable them to provide for such men and horses , as they might put confidence into . And if it chanced ( as oftentimes it did ) that a country-Gentleman , out-putter of foot or horse , being scarce of money , should prove so untractable , as to condescend to nothing but what literally he was bound to ; then by , vertue of the power wherewith they were intrusted , to see their souldiers well clothed , armed , and accommodated with transport-money , and other such appurtenances , they had such a faculty of undervaluing whatever was not good silver and gold , that , to make up the deficiencies , according to their rates , would extend to so great a sum , that hardly could any lyable to a levy , that was refractary to their desire of having money save so much as one single sixpence by his emission of either horse or foot : so fine a trick they had with their counterfeit Religion , to make an honest poor gentlemen glad to chuse the worst of two evils , for shunning a third of their own contrivance , worse then they both . And when at any time the innocent Gentlemen , in hope of commiseration would present their grievances to the respectvie Committees of the Shires , seldom or never was there any prevention of , or reparation for the aforesaid abuse : especially in the North of Scotland , of all the parts whereof , the Committees of the Shires of Innernass and Ross , whether joyntly or separately sitting , proved the most barbarous and inhumane ; it being a commonly-received practise amongst their loggerhead stick wisdoms , not only to pass these and such like enormities with the foresaid officers , but to gratifie them besides , for the laying of a burthen upon their neighbours , which they should have undergone themselves : yea , to such a height did their covetousness and hypocrisie reach , that the better to ingratiate themselves in the favors of the souldiery , for the saving of their pence , when the officers ( out of their laziness ) would be unwilling to travel fourty or fifty miles from their quarters for the taking up of mantenance , or any arreer due of horse and foot-levies ▪ they took this savage and unchristian course , they would point at any whom they had a peck at , pretending he was no good Covenanter , and that he favoured toleration ; and for that cause ( being both judges and parties themselves ) would ordaine him , under pain of quartering and plundring , to advance to the insatiable officers so much money , as the debt pretended to be due by those remote inhabitants ( though meer strangers to him ) did extend to : by which means it ordinarily fell out , that the civillest men in all the country , and most plyable to good order , were the greatest sufferers ; and the basest , the greedyest , and the most unworthy of the benefit of honest conversation , the onely men that were exempted , and had immunities . Now , when many of these Laird and Lord Kirk-officers had , by such unconscionable means , and so diametrally opposite to all honour and common honesty , acquired great sums of money , then was it that , like good Simeons of iniquity , they had recourse to their brother Levi , for framing of Protestations ; their conscience not serving them to fight for a King , that was like to espouse a malignant interest ; under which cover , free from the tempest of war ( like fruitful brood-geese ) they did stay at home to hatch young chickens of pecunial interest , out of those prodigious egs which the very substance of the commons had laid down to them ( with a curse ) to sit upon . Yet , if for fashion sake , at the instigation of inferior officers , who were nothing so greedy as they , some shew of muster was to be made of souldiers to be sent to Sterlin-leaguer , or anywhere else ; then were these same very men , whom ( out of their pretended zeal to the good cause ) they had formerly cast , either for malignancy or infencibility , and in lieu of each of them accepted of fifty or threescore dolars , more or less , inrolled in their Troops or Companies ; when for the matter of three or four dolars , with the consent of a cup of good Ale , and some promise of future plunder , they had purchased their good wils to take on with them ; they approving themselves by such insinuating means , good servants , in being able by the talent of their three dolars , to do the State that service , for the which the poor Country-Gentleman must pay threescore , and be forced to quit his man to boot . Truly those are not the Scotish Colonels whom I intend to commend for valour , it being fitter to recommend them to posterity , as vipers , who , to work out a livelihood to themselves , have not stuck to tear the very bowels of their mother-country , and bury its honor in the dust . Such were not those Scotish Col. I formerly mentioned , whose great vassalages abroad , and enterprises of most magnanimous adventures , undertaken and performed by them in other countries , might very well make a poorer climate then Scotland enter in competition with a richer soyle . Yet seeing the intellectual faculties have their vertues as well as the moral ; and that learning in some measure is no less commendable then fortitude , as those afore-named Scotish men have been famous beyond sea for the military part , so might I mention thrice as many moe of that Nation , as I have set down , of war-like officers , who since the yeer one thousand and six hundred , have deserved , in all those aforesaid countryes of France , Italy , Spaine , Flanders , Holland , Denmark , Germany , Pole , Hungary , and Swedland , where they lived , great renown for their exquisite abilities in all kind of literature ; the greatest part of whose names I deem expedient for the present to conceal , thereby to do the more honor to some , whose magnanimity and other good parts now to commemorate , would make one appear ( in the opinions of many ) guilty of the like trespass with them , that , in the dayes of Nero , called Rome by its proper name , after he had decreed to give it the title of Neroniana . Nevertheless being to speak a little of some of them , before I lanch forth to cross the seas , I must salute that most learned and worthy gentleman , and most indeared minion of the Muses , Master Alexander Ross , who hath written manyer excellent books in Latine and English , what in prose , what in verse , then he hath lived yeers ; and although I cannot remember all , yet to set down so many of them as on a sudden I can call to minde , will I not forget ; to the end the Reader , by the perusal of the works of so universal a scholar , may reap some knowledge when he comes to read His Virgilius Evangelizans in thirteen several books ( a peece truly , which when set forth with that decorement of plates it is to have in its next edition , will evidently shew that he hath apparelled the Evangelists in more splendid garments , and royal robes , then ( without prejudice be it spoken ) his compatriots Buchanan and Jhonstoun , have , in their Paraphrastick translation of the Psalmes , done the King and Prophet David . ) His four books of the Judaick wars , intituled , De rebus Judaicis libri quatuor , couched in most excellent hexameters ; his book penned against a Jesuite , in neat Latine prose , called Rasuratonsoris ; his Chymera Pythagorica contra Lansbergium ; his Additions to Wollebius and Vrsinus ; his book called The new planet no planet ; his Meditations upon predestination ; his book intituled the pictures of the conscience ; his Questions upon Genesis ; his Religions Apotheosis ; his Melissomachia ; his Virgilius Triumphans ; his four curious books of Epigrams in Latin Elegiacks ; his Mel heliconium ; his Colloquia plautina ; his Mystagoguspoeticus ; his Medicus medicatus ; his Philosophical touch-stone ; his Arcana Microcosmi ; his observations upon Sir Walter Rawley ; his Marrow of History , or Epitome of Sir Walter Rawleigh ' works ; his great Chronology in the English tongue ( set forth in folio ) deducing all the most memorable things , that have occurred since the Macedonian war , till within some ten or twelve yeers to this time : and his many other learned Treatises , whose titles I either know not , or have forgot . Besides all these Volumes , Books , and Tractates here recited , he composed above three hundred exquisite Sermons , which ( after he had redacted them into an order and diction fit for the press ) were , by the merciless fury of Vulcan , destroyed all in one night , to the great grief of many preachers , to whom they would have been every whit as useful as Sir Edward Cooks reports are to the Lawyers . But that which I as much deplore , and am as unfainedly sory for , is , that the fire , which ( on that fatal night ) had seazed on the house and closet where those his Sermons were consumed , had totally reduced to ashes the very desks wherein were locked up several Metaphysical , Physical , Moral , and Dialectical Manuscripts ; whose conflagration by Philosophers is as much to be bewailed , as by Theologically-affected spirits , was that of his most divine elucubrations . This loss truly was irrecoverable , therefore by him at last digested , because he could not help it : but that some losses of another nature , before and after that time by him sustained , have as yet not been repaired , lyeth as a load upon this land , whereof I wish it were disburthened ; seeing it is in behalf of him , who for his piety , Theological endowments , Philosophy , Eloquence , and Poesie , is so eminently qualified , that ( according to the Metempsychosis of Pythagoras ) one would think , that the souls of Socrates , Chrysostome , Aristotle , Ciceron , and Virgil have been transformed into the substantial faculties of that entelechy , wherewith , by such a conflated transanimation , he is informed and sublimely inspired . He spends the substance of his own lamp , for the weal of others ; should it not then be recruited with new oyle by those that have been enlightened by it ? Many enjoy great benefices ( and that deservedly enough ) for the good they do to their coaevals onely ; how much more meritoriously should he then be dealt with , whose literate erogations reach to this and after-ages ? A lease for life of any parcel of land is of less value , then the hereditary purchase thereof : so he of whom posterior generations reap a benefit , ought more to be regarded , then they whose actions perish with themselves . Humane reason , and common sense it self instructeth us , that dotations , mortifications , and other honorary recompences , should be most subfervient to the use of those , that afford literatory adminicularies of the longest continuance , for the improvement of our sense and reason . Therefore could I wish ( nor can I wish a a thing more just ) that this reverend , worthy , and learned gentleman Master Rosse , to whom this age is so much beholden , and for whom posterity will be little beholden to this age , if it prove unthankful to him , were ( as he is a favorite of Minerva ) courted by the opulent men of our time , as Danae was by Jupiter ; or that they had as much of Mecaena's soul , as he hath of Virgil's : for if so it were , or that this Isle , of all Christendom , would but begin to taste of the happiness of so wise a course , vertue would so prosper , and learning flourish , by his encouragements , and the endeavours of others in imitation of him , that the Christians needed lie no longer under the reproach of ignorance , which the oriental Nations fixe upon them in the termes of seeing but with one eye ; but in the instance of great Britain alone ( to vindicate ( in matter of knowledge ) the reputation of this our Western world ) make the Chineses , by very force of reason ( of whose authority above them they are not ashamed ) be glad to confess , that the Europaeans , as well as themselves , look out with both their eyes , and have no blinkard minds . Of which kind of brave men , renowned for perspicacy of sight in the ready perceiving of intellectual objects , and that in gradu excellenti , is this Master Rosse : the more ample expressing of whose deserved Elogies , that I remit unto another time , will I hope be taken in better part , that I intend to praise him againe ; because Laus ought to be virtutis assecla ; and he is alwayes doing good . Therefore lest I should interrupt him , I will into France , Spain , and other countries , to take a view of some great scholars of the Scotish Nation , who of late have been highly esteemed for their learning in forraign parts : of which number , he that first presents himself is one Sinclair , an excellent Mathematician , professor Regius , and possessor of the chaire of Ramus ( though long after his time ) in the University of Paris : he wrote besides other books , one in folio , de quadratura circuli . Of the same profession , and of his acquaintance , there was one Anderson , who likewise lived long in Paris , and was for his abilities in the Mathematical Sciences , accounted the profoundlyest principled of any man of his time : in his studyes he plyed hardest the equations of Algebra , the speculations of the irrational lines , the proportions of regular bodies , and sections of the cone ; for though he was excellently well skilled in the Theory of the planets , and Astronomy ; the Opticks , Catoptricks , Dioptricks , the Orthographical , Stereographicial , and Schenographical projections ; in Cosmography , Geography , Trigonometry , and Geodesie ; in the Staticks , Musick , and all other parts or pendicles , Sciences , Faculties , or Arts of , or belonging to the disciplines Mathematical in general , or any portion thereof in its essence or dependances : yet taking delight to pry into the greatest difficulties , to soar where others could not reach , and ( like another Archimedes ) to work wonders by Geometry , and the secrets of numbers ; and having a body too weak to sustaine the vehement intensiveness of so high a spirit , he dyed young , with that respect nevertheless to succeeding ages , that he left behind him a Posthumary-book , intituled Andersom opera , wherein men versed in the subject of the things therein contained , will reap great delight and satisfaction . There was another called Doctor Seaton , not a Doctor of Divinity , but one that had his degrees at Padua , and was Doctor utriusque juris ; for whose pregnancy of wit , and vast skill in all the mysteries of the Civil and Canon Laws , being accounted one of the ablest men that ever breathed , he was most heartily desired by Pope Vrbane the eighth to stay at Rome ; and the better to encourage him thereto , made him chief professor of the Sapience ( a Colledge in Rome so called ) where although he lived a pretty while with great honor and reputation , yet at last , ( as he was a proud man ) falling at some ods with il collegio Romano , the supreamest seat of the Jesuites , and that wherein the general of that numerous society hath his constant residence , he had the courage to adventure coping with them where they were strongest , and in matter of any kind of learning , to give defiance to their greatest scholars ; which he did do with such a hight of spirit , and in such a lofty and bravashing humour , that ( although there was never yet that Ecclesiastical incorporation , wherein there was so great universality of literature , or multiplicity of learned men ) he nevertheless misregarding what estimation they were in with others , and totally reposing on the stock or basis of his own knowledge , openly gave it out , that if those Teatinos ( his choler not suffering him to give them their own name of Jesuites ) would offer any longer to continue in vexing him with their frivolous chat , and captious argumentations , to the impugning of his opinions ( and yet in matters of Religion , they were both of one and the same faith ) he would ( like a Hercules amongst so many Myrmidons ) fal in within the very midst of them , so besquatter them on all sides , and , with the granads of his invincible arguments , put the braines of all and each of them in such a fire , that they should never be able ( pump as they would ) to finde in all the celluls thereof one drop of either reason or learning , wherewith to quench it . This unequal undertaking of one against so many , whereof some were greater courtiers with his Papal Holiness then he , shortened his abode at Rome ; and thereafter did him so much prejudice in his travels through Italy , and France , that when at any time he became scarce of money ( to which exigent his prodigality often brought him ) he could not as before expect an ayuda de costa ( as they call it ) or viaticum from any Prince of the territories through which he was to pass ; because the chanels of their liberality were stopped , by the rancour and hatred of his conventual adversaries . When nevertheless he was at the lowest ebb of his fortune , his learning , and incomparable facility , in expressing any thing with all the choicest ornaments of , and incident varieties to the perfection of the Latine elocution , raised him to the dignity of being possessed with the chair of Lipsius , and professing humanity ( in Italy called buone letere ) in the famous University of Lovan : yet ( like Mercury ) unapt to fix long in any one place , deserting Lovan , he repaired to Paris , where he was held in exceeding great reputation for his good parts and so universally beloved , that both Laicks and Church-men , courtiers and Scholars , gentlemen and Merchants , and almost all manner of people , willing to learn some new thing or other ( for , as sayes Aristotle , every one is desirous of knowledge ) were ambitious of the enjoyment of his company , and ravished with his conversation . For besides that the matter of his discourse was strong , sententious , and witty , he spoke Latine , as if he had been another Livy or Salustius ; nor , had he been a native of all the three countryes of France , Italy , and Germany , could he have exprest himself ( as still he did when he had occasion ) with more selected variety of words , nimbler volubility of utterance , or greater terity , for tone , phrase , and accent in all the three Languages thereto belonging . I have seen him circled about at the Louvre , with a ring of French Lords and gentlemen , who hearkned to his discourse with so great attention , that none of them , so long as he was pleased to speak , would offer to interrupt him ; to the end that the pearles falling from his mouth , might be the more orderly congested in the several treasures of their judgements : the ablest advocates , barristers , or counselors at law of all the parlement of Paris , even amongst those that did usually plead en la chambre doree , did many times visit him at his house , to get his advice in hard debatable points . He came also to that sublime pitch of good diction even in the French tongue , that there having past , by vertue of a frequent intercourse , several missives in that idiom , betwixt him and le sieur de Balzak , who by the quaintest Romancealists of France , and daintiest complementers of all its lushions youth , was almost uncontrollably esteemed in eloquence to have surpassed Ciceron ; the straine of Seatons letters was so high , the fancy so pure , the words so well connexed , and the cadence so just , that Balzak ( infinitely taken with its fluent , yet concise Oratory ) to do him the honor that was truly due unto him ) most lovingly presented him with a golden pen , in acknowledgement of Seatons excelling him , both in Retorick and the art of perswasion ; which gift proceeding from so great an oratour , and for a supereminency in that faculty wherein himself , without contradiction , was held the chiefest of this and all former ages that ever were born in the French Nation , could not chuse but be acounted honorable . Many learned books were written by this Seaton in the Latine tongue , whose titles ( to speak ingenuously ) I cannot hit upon . There was another Scotish man , named Cameron , who , within these few yeers , was so renowned for learning over all the provinces of France , that , besides his being esteemed for the faculties of the minde , the ablest man of all that Country , he was commonly designed ( because of his universal reading ) by the title of the walking Liberary ; by which he being no less known then by his own name , he therefore took occasion to set forth an excellent book in Latine , and that in folio , intituled , Bibliotheca movens ; which afterwards was translated into the English Language . To mention those former Scotish men , and forget their compatriot Barclay , the Author of Argenis Icon animorum , and other exquisite Treatises , translated out of Latine into the Languages almost of every country , where use is made of printing , would argue in me a great neglect : it shall suffice nevertheless for this time , that I have named him ; for I hope the Reader will save me a labour , and extoll his praises to as great hight , when he shall be pleased to take the paines to peruse his works . Yet that the learning of the travelers of the Scotish Nation may not seem to be tyed to the climate of France ( although all Scots , by the privilege of the laws of that kingdome , be naturalized French , and that all the French kings , since the dayes of Charlemaine , which is about a thousand yeers since , by reason of their fidelity to that Crown , have put such real confidence in the Scots , that whither soever the King of France goeth , the Scots are nearest to him of any , and the chief guard on which he reposeth for the preservation of his royal person ) there was a Scotish man named Melvil , who in the yeer 1627. had a pension of King Philip the fourth , of six hundred ducats a yeer , for his skilfulness in the Hebrew , Caldean , Syraick , Aethiopian , Samaritan , and Arabick tongues , beyond all the Christians that ever were born in Europe . The service he did do the Spanish King in those languages ( especially the Arabick and Caldean ( which , after great search made over all his ample territories , and several other Kingdoms besides , for some able man to undergo the task , could not be got performed by any but him ) was to translate into Latine or Spanish some few books of those six hundred great volumes , taken by Don Juan de Austria , at the battel of Lepanto , from the great Turk , which now lye in the great Library of the magnifick palace of the Escurial , some seven leagues Westward from Madrid , and otherwayes called San lorenço el real . Of those and many other mental abilities of that nature , he gave after that most excellent proofs , both at Rome , Naples , and Venice . That most learned Latine book in folio , Treating of all the Mathematical Arts and Sciences , which was written by that Scotish gentleman Sempil , resident in Madrid , sheweth that Scotish spirits can produce good fruits , even in hot climates . Another named Gordon , of the Scotish Nation likewise , wrote a great Latin book in folio , of Chronology , which is exceeding useful for such as in a short time would attaine to the knowledge of many histories . Another Gordon also beyond sea , penned several books of divinity in an excellent stile of Latin. Of which kinde of books , but more profoundly couched , another Scot named Turneboll , wrote a great many . These four eminent Scots I have put together , because they were societaries by the name of Jesus , vulgarly called Jesuits ; some whereof are living as yet ; and none of those that are not , dyed above fourteen yeers ago . Methinks I were to blame , should I in this nomenclature leave out Dempster , who for his learning was famous over all Italy , had made a learned addition to Rossinus , and written several other excellent books in Lat in ; amongst which , that which doth most highly recommend him to posterity , is the work which he penned of five thousand illustrious Scots , the last liver whereof ( as is related in the 64. page of this book ) dyed above fifty yeers since ; for which , together with the other good parts wherewith he was endowed , himself was truly illustrious . Balfour , a professor of Philosophy in Bourdeaux , wrote an excellent book in Latine upon the morals : so did another of the Scotish Nation , named Donaldson , upon the same very subject and that very accurately . Primrose a Scotish man , who was a preacher in French at Bourdeaux , and afterwards became one of the three that preached in the French Church at London , wrote several good books both in Latin and French. Doctor Liddel penned an exquisite book of Physick , and so did Doctor William Gordon ; and both in the Latine tongue : which two Doctors were for their learning renownedover all Germany . Pontaeus a Scotish man , though bred most of his time in France , by several writings of his obvious to the curious Reader , gave no small testimony of his learning . There was a professor of the Scotish Nation within these sixteen yeers in Somure , who spoke Greek with as great ease , as ever Cicero did Latine ; and could have expressed himself in it as well , and as promptly , as in any other Language : yet the most of the Scotish Nation never having astricked themselves so much to the propriety of words , as to the knowledge of things , where there was one preceptor of Languages amongst them , there were above forty professors of Philosophy : nay , to so high a pitch did the glory of the Scotish Nation attaine over all the parts of France , and for so long time together continue in that obtained hight , by vertue of an ascendant the French conceived the Scots to have above all Nations , in matter of their subtlety in Philosophical disceptations , that there hath not been till of late , for these several ages together , any Lord , Gentleman , or other in all that Country , who being desirous to have his son instructed in the principles of Philosophy , would intrust him to the discipline of any other , then a Scotish Master ; of whom they were no less proud then Philip was of Aristotle , or Tullius of Cratippus . And if it occurred ( as very often it did ) that a pretender to a place in any French University , having in his tenderer yeers been subferulary to some other kind of schooling , should enter in competition with another aiming at the same charge and dignity , whose learning flowed from a Caledonian source commonly the first was rejected , and the other preferred : education of youth in all grounds of literature , under teachers of the Scotish nation , being then held by all the inhabitants of France , to have been attended ( caeteris paribus ) with greater proficiency , then any other manner of breeding subordinate to the documents of those of another Country . Nor are the French the only men have harboured this good opinion of the Scots , in behalf of their inward abilitles ; but many times the Spaniards , Italians , Flemins , Dutch , Hungarians , Sweds , and Polonians , have testified their being of the same mind , by the promotions whereunto , for their learning , they in all those Nations , at several times have attained . Here nevertheless it is to be understood , that neither these dispersedly-preferred Scots , were all of one and the same Religion , nor yet any one of them a Presbyterian . Some of them were , and are as yet Popish Prelates , such as the Bishop of Vezon , and Chalmers Bishop of Neems , and Signor Georgio Con ( who wrote likewise some books in Latine ) was by his intimacy with Pope Vrban's Nephew Don Francesco Don Antonio , and Don Tadaeo Barbarini , and for his endeavoring to advance the Catholico-pontificial interest in great Britain , to have been dignified with a Cardinals hat , which ( by all appearance ) immediately after his departure from London , he would have obtained as soon as he had come to Rome , had death not prevented him by the way in the City of Genua : but had he returned to this Island with it , I doubt it would have proved ere now as fatal to him , as another such like cap in Queen Maries time had done to his compatriot Cardinal Betoun . By this as it is perceivable that all Scots are not Presbyterians , nor yet all Scots Papists : so would not I have the reputation of any learned man of the Scotish Nation to be buryed in oblivion , because of his being of this or this , or that , or you , or of that other Religion ; no more then if we should cease to give learning and moral vertues their due , in the behalfe of pregnant and good spirits born and bred in several climates ; which to withhold from them ( whether Perisians , Heteroscians or Amphiscians , would prove very absurd to the humane ingenuity or ingenuous humanity of a true Cosmopolite . For we see how the various aspect of the heavens , in their asteristick and planetary influences , according to the diversity of our sublunary situations , disposeth the inclinations of the earths respective inhabitants differently ; whence ( as is said in the 56. page of this book ) The Spaniards are proud , the French inconstant , the Italians lascivious , &c. and every Nation almost in their humour , not only discrepant from one another , but each having some disorderly motion , which another hath not , makes the other to be possessed with some irregularity which the former wants . We know the Hollanders are more penurious then the high - Germans ▪ and they more intemperate then the Spaniards , who againe are more lecherous then the Hollanders . Now seeing ex malis moribus bonae oriuntur leges ▪ and that vices , like diseases of the body , must be cured by contraries , it will cleerly follow , there being vices contrary to other , as well as vice to vertue , that the Laws curbing thoses vices in the opposite extreams , must needs be very dissonant from one another . Do not we see that in Holland to play the Merchant is accounted honorable , although it be thought disgraceful in high - Germany , for a gentleman to use anykind of traffick ? The Spaniard holds him worse then a beast , that is at any time drunk ; yet the Dutch-man esteems him no good fellow , that sometimes is not . The Hollander deems him unworthy of the name of man , that fornicates before he marry ; but the Spaniard hardly doth repute him a Man , who hath not exercised those male-abilities whereby he is distinguished from the woman . Thus , according to the Genius of each climate , statutes , acts , and ordinances being instituted for the regulating of mens actions ; and our obedience to superior powers by custome becomming ( as it were ) natural , we by experience finde , that the Religion wherewith men are most accustomed , lyes best to their consciences . For that it is so , we know by the vehemency of fidimplicitaries , of whom some will chuse to lose their lives before they quit their Religion , although they be altogether ignorant of what they should believe till they ask the Minister ; whose custome ( to make their consciences subservient to their choler ) is to principle them with the negative faith , without any great positive doctrine ( for so begins the Covenant ) of which kind of zealous disciples was that covenanting gentleman , who burnt a great many historical and Philosophical books , thinking they had been books of Popery ; he taking them to be such , because of the red letters he saw in their titles and inscriptions . Nor shall we need to think it strange , that in the world there are so many several Religions , if we consider that the divers temperaments of our bodies alter our inclinations , from whose disparity arise repugnant laws , which long obedience makes it seem a sacriledge to violate . In my opinion , truly , there is nothing more natural then variety yea , and that sometimes with opposition . Are not we composed of the four elements , which have their contrary as wel as symbolizing qualities ? and doth not the manner of their mixture , and the degrees ( by more or less ) of the qualities from thence flowing in the constitution of mens bodies , disagree in all the persons of the world ? Hence some are Melancholious , some Phlegmatick , some Cholerick , and some Sanguinean ; and every one of those more or less , according to the humour that affects him in its quantity and quality . Thus if men were left to themselves , every one would have a several religion ; but seeing to reap good from one another , we must to one another apply our selves ; & that this application without conformity , would prove destructive ; therefore is it that the individuals of mankinde have been still pleased to forego some natural interest they had in peculiar differences , the better to erect an uniformity in their society , for that self-preservation , which is the chief end of their designes . This making either a King or State , we come then to have laws imposed on us according to the climate or disposition of the people . And although I know there be a difference bewixt divine and humane institutions , and that it is fitting wicked thoughts be punished as well as words or actions : Yet do I appeal to the judgement of any that will ( in casting his eye upon the world , as it is and still hath been ) consider but the various governments in the regulating of the deeds of the consciences of men ; if he finde it not to be true , that over the whole universe , amongst the Christians , Jews , Paynims , and Mahumetans , both in this and former ages , religions almost have been still distinguished by secular soveraignties , each State having its own profession , and the faith of one climate being incompatible with that of another ; and yet in the duties commonly observed 'twixt neighbor and neighbor in matter of buying and selling , trucking , changing , and such like sociable commutations , there is as great unanimity by the most part of the world , maintained even in the bonds of honesty , as if ( as they know what pleaseth God , should please them ) they were of the opinion of Tamarlain , who believed , that God was best pleased with diversity of Religions , variety of worship , dissentaneousness of faith , and multiformity of devotion . For this cause prescinding from the Religion of any of my compatriots , which if displeasing to God , will no doubt at last displease themselves , and hurry upon them that punishment which we ought not to aggravate before its time , by detaining from them what praise to them is due for the natural and moral accomplishments wherewith God hath endowed them for our benefit ; for in praising them , we praise God , who hath made them the instruments of doing us good . These three profound and universal scholars of the Scotish Nation , Tyry of the house of Drumkilbo , Mackbrek , and Broun , deserve a rank in this list of men of literature , as well as Chisum the Bishop of Vezon , and others of the Romish faith above mentioned , and for whose praises I have already apologized . Tyry wrote books of Divinity in a most acurate straine ; and being assistant to the general of the Jesuites , was the second person of all that vast Ecclesiastical republick , which reacheth as far as to the outmost territories of all the Christian Kings and States of the whole continent of the world : a higher place then which amongst them , no stranger ever attained to in Italy , which is the place of their supremest jurisdiction . Mackbrek is eminent for his literature in Pole , and Broun in Germany ; and both of them authors of good books . To hit upon the names of others such as these of the Scotish Nation , renowned for learning even in remoter parts of the world , it would be a task not so proper for any , as for the great traveler Lithco , a compatriot likewayes of theirs , who in nineteen yeers space traveled three times by land over all the known parts almost of Europe , Asia , and Africk , as by a book of a pretty bulk in quarto set forth by himself , is more evidently made manifest : the said Lithco also is an author of several other books ; and so was Simon Graham a great traveler and very good scholar , as doth appear by many books of his emission ; but being otherwayes too licentious , and given over to all manner of debordings , the most of the praise I will give him , wil be to excuse him , in these terms of Aristotle : Nullum magnum ingenium sine mixtura dementiae . Some other eminent men for literature of the Scotish Nation , besides those formerly rehearsed , have been much esteemed of abroad , although they were no Roman Catholicks ; such as Doctor John Forbas , who was a professor of Divinity in Leyden , and wrote an excellent book of Divinity in folio , called Irenicon . Doctor Read likewise was an able scholar , as may appear by his book of Anatomy , and other learned writtings . Now seeing I am from beyond sea bringing the enumeration of my scholars homewards , I cannot forget the names of Doctor Baleanquel , Doctor Sibbalds , Doctor Stuart , and Doctor Michel , all able Divines , and sometimes beneficed men in England . How much the protestant saith oweth to Doctor Robert Baron for his learned Treatises ( against Turnebol the Jesuite ) de objecto formali fidei , I leave to be judged by those that have perused them . To the conversatiof Doctor William Lesly ( who is one of the most profound and universal scholars now living ) his friends and acquaintance of any literature are very much beholding , but to any books of his emission , nothing at all ; whereat every one that knoweth him , wondreth exceedingly : and truly so they may ; for though scripturiency be a fault in feeble pens , and that Socrates the most learned man of his time set forth no works : yet can none of these two reasons excuse his not evulging somewhat to the publike view , because he is known to have an able pen , whose draughts would grace the paper with impressions of inestimable worth : nor is the example of Socrates able to a pologize for him , unless he had such disciples as Plato and Aristotle , who having seposited in their braines the scientifick treasures of their masters knowledge , did afterwards ( in their own works ) communicate them to the utility of future generations : yet that this Caledonian Socrates ( though willing ) could not of late have been able to dispose of his talent , did proceed from the merciless dealings of some wicked Anites , Lycons , and Melits of the Covenant ; the cruelty of whose perverse zeal , will keep the effects of his vertue still at under , till by the perswasion of some honest Lysias , the authority of the land be pleased to reseat him into his former condition , with all the encouragements that ought to attend so prime a man. Doctor John Gordon sometime Minister of Elgin , Doctor William Hogstoun , and Doctor James Sibbet , are men who have given great proof of their learning , as well by Treatises which they have divulged , as in all manner of Academical exercitations . Doctor William Guild deserveth by himself to be remembred , both for that he hath committed to the press many good books tending to the edification of the soul , and bettering of the minde ; and that of all the Divines that have lived in Scotland these hundred yeers , he hath been the most charitable , and who bestowed most of his own to publike uses . The lovingness of his heart dilates it self to many , and the center of his desires is the Common weal : in matter of great edifices , where he builds not , he repaires ; and many Churches , Hospitals , Colledges and Bridges , have been the objects of his beneficence . But to shew the vertue of this man beyond thousands of others richer then he , even of those that had a nearer and more immediate call to the performance of such charitable offices , when he was principal of the old Colledge of Aberdeen , and that at a time , when , by reason of the sword everywhere raging through the land , all schooles almost were laid waste ; so great was his industry , so prudent his government , and so liberal his erogations , that the number of the scholars there , all the time that he ruled , did by threescore and ten a yeer , exceed the greatest confluence that ever was therein since the foundation of that University ; to which I wish all happiness , because of him for whom this book is intended , who learned there the elements of his Philosophy , under the conduct of one Master William Seaton , who was his tutor ; a very able preacher truly , and good scholar , and whom I would extoll yet higher , but that being under the consistorian lash , some critick Presbyters may do him injury , by pretending his dislike of them , for being praised by him , who idolizeth not their authority . The same reason invites me not to insist upon the praises of Master William Lawder preacher at Ava , a good Divine , and excellent Poet , both in Latine and English . And for the same cause must I forbear to spend encomions upon that worthy Gentleman Master David Leech , who is a most fluent Poet in the Latine tongue , an exquisite Philosopher and profound Theolog. Seeing I am come to speak againe of Scotish Poets , which have flourished of late , the foresaid Master Leech hath an elder brother named John , who hath set forth four or five most excellent books of Epigrams and Eclogues in the Latine Tongue . One Master Andrew Ramsey likewise hath been the Author of books of very good Epigrams in Latine . Several others in that Nation are and have been of late very good Latine Poets ; amongst which I must needs commemorate Doctor Arthur Jhonstoun , a Physician by profession , yet such a one as had been so sweetly imbued by the springs of Helieon , that before he was full three and twenty yeers of age , he was laureated Poet at Paris , and that most deservedly , as may appear by his Par●rgon , his Paraphrastick translation of the Psalmes , ( wherein if he excell not , I am sure he equaleth Buchanan ) and some other Treatises by name to me unknown . His brother also Doctor William Jhonstoun was a good Poet in Latine , and a good Mathematician , acknowledged to be such ( which was none of his meanest praises ) by Master Robert Gordon of Straloch , one of the ablest men of Scotland in the Mathematical Faculties , and who , of all Mathematicians , hath done it most honor , by having taken the paines to set down all the Shires and Countries thereof in most exact Geographical Maps ; which designe though intended , essayed , and blocked by many others , yet was never brought to its full and compleat perfection , but by this gentleman of the name of Gordon , intituled the Laird of Straloch ; who being loath his vertue and learning should expire with himself , hath the most hopeful and best educated children of any whosoever within two hundred miles of his house . These Mathematical blades put me in mind of that Dr. Liddel ( of whom , for his abilities in Physick , I made mention in p. 186. which I had reason to do , because of his learned books written in Latin , de Diaeta , de febribus , & de Methodo Medicinae ) who for his profoundness in these Siences of sensible immaterial objects , was everywhere much renowned , especially at Francfort de maine , Francfort on the oder , and Heidelberg , where he was almost as well known , as the Monstrous Bacchanalian Tun , that stood thre in his time . He was an eminent professor of the Mathematicks , a disciple of the most excellent Astronomer , Tycho Brahe , and condisciple of that worthy Longomontanus : yet in imitation of Aristotle ( whose doctrine with great proficiency he had imbued ) esteeming more of truth then of either Socrates or Plato , when the new Star began to appear in the constellation of Cassiopeia , there was concerning it such an intershocking of opinions , betwixt Tycho Brahe and Doctor Liddel , evulged in print to the open view of the world , that the understanding Reader could not but have commended both for all , and yet ( in giving each his due ) praised Tycho Brahe most for Astronomy , and Liddel for his knowledge above him in all the other parts of Philosophy . As this Doctor Liddel was a gallant Mathematician , and exquisite Physician ; so being desirous to propagate learning to future ages , and to make his own kindred the more enamoured of the sweetness thereof , especially in Mathematical Sciences , he bequeathed fourty pounds English money a yeer , to the new Colledge of the University of Aberdeen , for the maintenance of a Mathematical professor ; with this proviso , that the neerest of his own kinsemen ( caeteris paribus ) should be preferred before any other . This any rational man would think reasonable ; nor was it truly much controverted for the space of fourteen or fifteen yeers together , after the making of the Legacy ; at which time his Nephew on the brothers side being a childe , and but then initiated to the rude elements of Latine , one Doctor William Jhonstoun was preferred to the place , because there was none , at that time , of Doctor Liddels consanguinity able to discharge it : a reason verily relevant enough . But by your leave , good Reader , when Doctor William Jhonstoun dyed , and that Doctor Liddels Nephew , Master Duncan Liddel by name , was then of that maturity of Age , and provection of skil in most of the disciplines Mathematical , as was sufficient for the exercise of that duty , and the meriting of his uncles benefice ; did the good men rulers at the helme there , make any conscience of the honest Doctors latter will ? no , forsooth ; the oracle must be first consulted with : The Ministerian Philoplutaries ( my tongue forks it , I have mistaken it seems one word for another , I should have said Philosophers ) thought fit otherwayes to dispose thereof ; for , say they , Master Duncan Liddel hath committed the hainous sin of fornication , and begot a young Lass with childe , therefore his uncles Testament must be made voide , in what relates to his enjoyment of that dotation . O brave Logick , and curious commentary upon a later Will for the better explication of the mind of the defunct ! Which Presbyterian doctrine , had it bin in request in the daies of Socrates , what fine pass would the world have been brought to ever since that time , by that ignorance which should have over-clouded us , through our being destitute of the works of Plato , Aristotle , and Euclid , with all the Scholiasts that have glossed on them these two thousand yeers past ; for , by all appearance , those three prime Grecians would have been forced in their younger yeers to betake themselves to some other profession then Philosophy , for want of a master to instruct them in the principles thereof ; for the Presbytery of Athens ( no doubt ) would have pearched up poor Socrates upon a penitentiary Pew , and outed him of his place , for having two wives at once ( neither whereof , whether Xantippe , or Myrto , was either so handsome or good as Master Liddels concubine ) and in lieu of that trespasser , supplyed the Academical chaire with the breech of a more sanctified brother , whose zealous jobernolisme would never have affected the Antipresbyterian spirits of Plato , Euclid , or Aristotle ; nor gained to his schoole any disciples , who should have been able from such a muddy fountain to derive any clear springs of learning to after-ages , nor benefit posterity with any other kind of literate works , then such as the pretended holy men ( and accusers of Socrates ) Anitus , Lycon , and Melitus by name , did set forth ; which to the eyes of both body and minde , have ever since their time , been of the colour of the Duke of Vandomes cloak , invisible . But if one durst make bold to speak to those great professors of piety , I would advise them out of the Evangile , to take the beam out of their own eye , before they meddle with the moat that is in their neighbors ; and to consider , that the sin of theft which they committed , in robbing Master Liddel of his due , is a far more hainous transgression , then that single fornication ; for which , besides the forfeiture of what was mortified to him , he was by them for a long time together most rigorously persecuted . Nor do I think their fault can be better expiated , then by fulfilling the contents of the legacy , and investing Liddal in his own right ; which that I may seem to avouch with the better ground of reason , I dare almost perswade my self , that there is not any within the Isle of Britain , with whom ( taking in all the Mathematical Arts and Sciences together , practical and theoretick ) he will not be well pleased ( upon occasion ) to adventure a dispute for superiority in the most , and that with a willingness to forego and renounce any claim , title , or priviledge he can , or may pretend to for the chaire of Mathematical professor in new Aberdeen , in case of non-prevalency . This is more ( some will say ) then his outside doth promise , and that to look to him , one would not think he had such abilities . What then ? do not we see in Apothecaries shops , pots of the same worth and fashion containe drugs of a different , value , and sometimes the most precious oyntment put in the coursest box ? so may a little and plaine man in outward shape inclose a minde high and sublime enough ; a giant like spirit in a low stature , being able to overtop a Colossus with Pygmaean endowments . But were there no other Remora or obstruction to retard his intended progress in Mathematical designes , the inward qualifications of his minde to the advancement of those Sciences , would quickly raise his person to a greater estimation : yet truly as he is in London for the present , I can no better compare him , then to an Automatary engine , wherein there are many several springs , resorts and wheels , which though when once put into a motion , would produce most admirable effects , are nevertheless forced , for want of a convenient Agent to give them the due brangle , to lye immobile , and without efficacy . Such an Agent is a Mecaenas , a Patron , a promover of learning , a favorer of the Muses , and protector of Sholars : in the production of which kind of worthy men , were this land a lone but a little more fertil , not only great Britain , but the whole world besides would be the better for it . As for such of the Scotish Nation as of late have been famous for English Poesie , the first that occurs , is Sir William Alexander , afterwards created Earle of Sterlin : he made an insertion to Sir Philip Sidneys Arcadia , and composed several Tragedies , Comedies , and other kind of Poems which are extant in a book of his in folio , intituled Sterlins works . The purity of this Gentlemans vein was quite spoiled by the corruptness of his courtiership ; and so much the greater pity ; for by all appearance , had he been contented with that mediocrity of fortune he was born unto , and not aspired to those grandeurs of the Court , which could not without pride be prosecuted , nor maintained without covetousness , he might have made a far better account of himself . It did not satisfie his ambition to have a laurel from the Muses , and be esteemed a King amongst Poets , but he must be King of some new-found-land ; and like another Alexander indeed , searching after new worlds , have the soveraignty of Nova Scotia . He was born a Poet , and aimed to be a King ; therefore would he have his royal title from King James , who was born a King , and aimed to be a Poet. Had the stopped there , it had been well : but the flame of his honour must have some oyle wherewith to nourish it . Like another King Arthur , he must have his Knights , though nothing limited to so small a number : for how many soever that could have looked out but for one day like gentlemen , and given him but one hundred and fifty pounds Sterlin ( without any need of a key●or opening the gate to enter through the Temple of Vertue , which in former times was the only way to honour ) they had a scale from him whereby to ascend unto the platformes of Vertue ; which they treading underfoot , did slight the ordinary passages , and to take the more sudden possession of the Temple of honour , went upon obscure by-paths of their own , towards some secret Angiports and dark posterndoors , which were so narrow , that few of them could get in , till they had left all their gallantry behind them ; yet such being their resolution , that in they would , and be worshipful upon any tearms , they misregarded all formerly-used steps of promotion , accounting them but unnecessary ; and most rudely rushing in unto the very Sanctuary , they immediately hung out the Orange colours , to testifie their conquest of the honour of Knight-Baronet . Their King nevertheless , not to staine his Royal dignity , or to seem to merit the imputation of selling honor to his subjects , did for their money give them land , and that in so ample a measure , that every one of his Knight-Baronets had for his hundred & fifty pounds Sterlin heritably disponed unto him six thousand good and sufficient Acres of Nova Scotia ground , which being but at the rate of six pence an Acre , could not be thought very dear , considering how prettily in the respective parchments of disposition they were bounded and designed fruitful corne-land , watered with pleasant rivers , running alongst most excellent and spacious Meadows ; nor did there want abundance of Oaken groves in the midst of very fertil plaines ( for if they wanted any thing , it was the Scrivener or Writers fault ; for he gave order , as soon as he received the three thousand Scots marks , that there should be no defect of quantity or quality , in measure or goodness of land ) and here and there most delicious gardens and orchards , with whatever else could in matter of delightful-ground , best content their fancies ; as if they had made purchase amongst them of the Elysian fieldes , or Mahumets Paradise . After this manner my Lord Sterlin for a while was very noble ; & according to the rate of Sterlin money , was as twelve other Lords in the matter of that frankness of disposition , which not permitting him to dodge it upon inches & ells , better and worse , made him not stand to give to each of his champions territories of the best and the most : and although there should have happened a thousand Acres more to be put in the Charter or writing of disposition then was agreed upon at first ; he cared not ; half a piece to the Clerk was able to make him dispense with that . But at last , when he had inrolled some two or three hundred Knights , who , for their hundred and fifty peeces each , had purchased amongst them several millions of Neocaledonian Acres , confirmed to them and theirs for ever , under the great seal , the affixing whereof was to cost each of them but thirty peeces more , finding that the society was not like to become any more numerous , and that the ancient gentry of Scotland esteemed of such a whimsical dignity as of a disparagement rather then addition to their former honor , he bethought himself of a course more profitable for himself , and the future establishment of his own state ; in prosecuting whereof , without the advice of his Knights ( who represented both his Houses of Parliament , Clergy and all ) like an absolute King indeed , disponed heritably to the French , for a matter of five or six thousand pounds English money , both the dominion and propriety of the whole continent of that kingdom of Nova Scotia , leaving the new Baronets to search for land amongst the Selenits in the Moon , or turn Knights of the Sun : so dearly have they bought their Orange Riban , which ( all circumstances considered ) is and will be no more honorable to them or their posterity , then it is or hath been profitable to either . What I have said here , is not by way of digression , but to very good purpose , and pertinent to the subject in hand ; for as armes and arts commonly are paralleled , and that Pallas goes armes with a Helmet , I held it expedient , lest the list of the Scholars set down in this place , should in matter of preeminence be too far over-peered by the roll of the souldiers above recited , that my Lord Sterlin should here represent the place of a King for the literatory part , as well as there did the great uncircumcised Garne for the military ; and bring nova Scotia in competition with Bucharia . Besides this Lord Alexander , Drummon and Wishart have published very good Poems in English . Nor is Master Ogilvy to be forgot , whose translation of Virgil , and of the fables of Aesop in very excellent English verses , most evidently manifesteth that the perfection of the English tongue is not so narrowly confined , but that it may extend it self beyond the natives on this side of Barwick . I might have named some more Scotish Poets both in English and Latine , but that besides ( as I often told ) I intend not to make a compleat enumeration of all , there is a Latin book extant , which passeth by the name of Deliciae poetarum Scotorum , wherein the Reader may finde many ( even of those that have lived of late yeers ) whom I have here ommitted ; as I have done several other able men of the Scotish Nation in other faculties , such as Master David Chalmers , who in Italy penned a very good book , and that in neat Latine , treating of the Antiquities of Scotland ; and had it printed at Paris : as also one Simson , who wrote in Latine four exquisite books of Hieroglyphicks : and one Hart in the City of London at this present , who wrote the Fort royal of Scripture , &c. The excellency of Doctor William Davison in Alchymy above all the men now living in the world , whereof by his wonderful experiments he giveth daily proof , although his learned books published in the Latine tongue did not evidence it , meriteth well to have his name recorded in this place : and after him , Doctor Leeth ( though in time before him ) designed in Paris , where he lived by the name of Letu ; who , as in the practise and theory of Medicine he excelled all the Doctors of France , so in testimony of the approbation he had for his exquisiteness in that faculty , he left behinde him the greatest estate of any of that profession then ; as the vast means possest by his sons and daughters there as yet , can testifie . Amongst those eminent Doctors of Physick , I ought not to forget Doctor Fraser ; who was made Doctor at Toulouse , with the universal approbation and applause of that famous University ; and afterwards succeeded to Doctor Jhonstoun's place of Physician in ordinary to the late King. There is another Scotish gentleman likewise , of the name of Wallace ( in France called Devalois ) who enjoyeth ( and hath so done these many yeers ) the dignity of a prime counsellor of the Parlament of Grenoble , the capital City of the Province of Dauphiné ; and is withal the chief favourite and the only trustee of the grand Mareshal de Criky . Now as in this Heterogenean miscellany we have proceeded from the body to the purse , that is , Metonymically , from the Physician to the Lawyer : so after the same desultory method ( which may be well excused in this unpremeditated , and almost extemporanean Treatise , ) we may for the souls sake ( which in this later age ( so far as metaphors may with proper significations enter in competition ) hath been no less subject to poverty and diseases than any of the former two ) have another hint at some of our late Scotish Divines ; the first whereof , and that prioritate dignitatis , that to my memory presenteth himself , is Doctor William Forbas , principal once of the Colledge of New Aberdeen , and afterwards made Bishop of Edenburgh ; who was so able a scholar , that since the daies of Scotus subtiles , there was never any that professed either Divinity or Philosophy in Scotland , that in either of those faculties did parallel him . He left Manuscripts of great learning behind him , which as I am informed were bought at a good rate by Doctor Laud late Archbishop of Canterbury , and primate of England ; Whose spiritual brother Spotteswood , late Archbishop of Saint Andrews , and Chancellor of Scotland , was likewise endowed with a great deal of learning ; by means whereof although he wrote many good books , yet that wherein he bestowed most pains , was a large book in folio , intituled The history of the Church of Scotland ; which I believe was never printed : yet the Manuscript thereof , written with Spotteswod's own hand , I saw presented at Whitehall , in the Lobby betwixt the little gallery and Privy Chamber , now called the Admiralty Court , by Maxwel late Bishop of Rosse , to the late King , who even then delivered it to his Secretary of State for Scotland , William Earl of Lanerick by name , who was the same Duke Hamiltouu of Hamiltoun , that was killed at Worcester , and only brother to James Duke by the same aforesaid title , who two yeers before that , lost his head at Westminster in the Palace-yard : but what became of that Manuscript afterwards , I cannot tell ; but this I know , that the tenderer thereof ( upon his knees to his late Majesty , as the gift of a deceased man ; for the Author dyed but the very day before ) Master John Maxwel by name , was a very learned man , and Author of some good books . Yet lest the Readers humour should be inflamed with the mentioning of these three malignant prelates , I must afford him for Antidote another Trinity of a contraryoperation , all in one dose , the ingredients wherof are Henderson , Gillespick , and Rutherford ; named Alexander , George , and Samuel , all Masters truly , and have been so to my knowledge these twelve yeers past ; which three have been or are ( for the first two of them are dead ) very able and learned men ; whose books nevertheless ( for they were all Authors ) I will in some things no otherwayes commend , then Andraeas Rivetus professor of Leyden , did the doctrine of Buchanan and Knox ; whose rashness ( in apologizing for them ) he ascribed prae fervido Scotorum ingenio , & ad audendum prompto . Truly , and without flattery be it spoken , ( for I believe none that knows me , will twit me with that vice ) the Nation of Scotland hath , besides those I have here nominated , produced several excellent spirits ( and that of late too ) whose abilities by the Presbyterian persecution , and the indigence it hath brought upon them , have been quite smothered , and hid as a candle under a bushel . Many learned books , written in Scotland , for want of able and skillful Printers , and other necessaries requisite for works of such liberal undertaking , have perished ; and sometimes after they are ready for the press ( if the Author in the interim happen to dy ) the wife and children ( for the most part ) like rats and mice ( that preferr the chest where the bread and cheese is kept , to the coffer wherein is the silver and gold ) to save a little money , make use of the aforesaid papers ( without any regard to the precious things contained in them ) to fold perhaps their butter and cheese into , or to other less honorable employments . So unfortunate a thing it is , that either good spirits should be struck with penury , or that their writings should fall into the hands of ignorants . That poverty is an enemy to the exercise of vertue , and that non facile emergunt quorum virtutibus obstat res angusta domi , is not unknown to any acquainted with Plutocracy , or the soveraign power of mony : but if the great men of the land would be pleased to salve that sore ( which possibly would not be so expensive to them as either their hawks or hounds ) then peradventure would these ingenious blades sing out aloud , and cheerfully , with Martial , Sunt Mecaenates non deerunt flacce Marones ; and it might very probably be , and that in a short space , that , by such gallant incitements ( through a vertuous emulation who should most excell other ) Scotland would produce , for Philosophy , Astronomy , Natural Magick , Poesie , and other such like faculties , as able men as ever were Duns-Scotus , Sacroboscus , Reginaldus Scotus , and other compatriots of these three Scots , whose names I would not insert in the roll of the rest , because they flourished before the yeer 1600. Now as I have not mentioned any Scotish man to praise him for eminent actions done by him , either in the field or schoole , preceding the yeer 1600. ( which if I had had a minde to do , I would not have omitted the naming of the several Constables of France , Admirals , and Generals of Armies , that have been of the Scotish Nation in the French service : neither would I have forgot the high and honorable employments the Scots had of Charlemaine the first occidental Emperor , nor the great exploits performed by the Scots under the conduct of Godfrey de Bullion in the Conquest of Jerusalem , and afterwards under his successors in the kingdoms of Syria , Antiochia , and Egypt , against the Saracens ; nor what was done by the Scots in defence of the territories of Spaine against the Moores and Aethiopians : as also , I would have spoken a little of the Dukes of Chasteau le roy , and Dukes of Aubigny that were Scots ; and of Count Betun , and Count de Mongomery , who killed the King of France in tilting ) so is it , that of all those I have named , whether for Milice or Literature ( so far short I have faln in the number of the whole ) that not only hath the greatest part of them all been natives of the North of Scotland , but hardly have both the South and West of that country , produced the fifth part of them : Such a fruitful Seminary hath that otherwayes obscure climate of the world , proved in the affording of excellent spirits both sor armes and arts . Whether what I have related here of the warriors and Scholars of the Scotish Nation that have been famous abroad , be not for uncontrollable truths received in other countries , by those that have been eye-witnesses to their actions , I appeal to Sir Oliver Fleemin , master of the Ceremonies , and to Master Dury ; who , as they are both men of good judgement , and have been travelers in other States and Kingdoms ; so am I certainly perswaded that they cannot be altogether estranged from the report of the good reputation of those their compatriots in the places through which they passed : which I believe the rather , for that most of them do know Sir Oliver Fleemin to be a man of excellent good parts , wise in counsel , experienced in affaires of State , true to his trust , and in six or seven of the chief Languages of Christendome , the ablest , liveliest , and most pertinent spokes-man of this age : and that also they are not ignorant of the most eminent endowments wherewith Master John Dury ( in Germany and France , where his learning is highly extolled , intituled Duraeus ) hath his minde qualified and imbellished : in Reason he is strongly principled , and alloweth prudence to be a directress of his actions : he doth not subordinate his faith to the affaires of the world , although it agree not with his faith to gainestand an established authority : he holds it more lawful to yeeld obedience to a power set up above us , then , to the hazard of the ruine of a Country , to erect another ; he loveth an honest peace , and the wayes that tend to it ; and with thankfulness payeth the favours of protection : he reverenceth the all-seeing providence in the change of government ; and where it commandeth , there he yeelds Allegiance . But if the Reader would have a more genuine Character of his worth , and that which shall represent him with a greater liveliness , his best course will be to have recourse to the perusal of the several Treatises composed by him , whereof he hath emitted good store . Notwithstanding all I have written in praise of Sir Oliver Fleemin , and Master John Dury , I would expatiate my pen a little more at large upon this encomiastick straine , in behalf of them both , but that I hope ere long to extoll them againe by way of duty , when they shall be pleased out of their love and respect to Sir Thomas Vrquhart ( who is the only man for whom this book is intended ; for whether he be the Author , or some other that is but a friend or servant of his , it is not material , seeing the furtherance of his weal , and credit of his country , is the meer scope thereof , and end whereat it buts ) to interpone their favour with the members of the Parliament and Councel of State ( seeing they are the only two of the Scotish Nation , that as yet have any kind of intimacy with either of these high Courts ) and second him in his just demands , to the obtaining of what in this Tractate is desired in his name . And although nothing of those kinde of good offices hath by them hitherto been performed to him , lest perhaps their offering to open their mouth for any in whom there was suspicion of malignancy , might breed dislike and diminution of trust ; yet must I needs desire them now to lay aside those needless fears , and groundless apprehensions , and like real friends indeed , bestir themselves to do that Gentleman a courtesie , which cannot chuse ( though per impossibile he were unthankful ) but carry along with it , like all other actions of vertue , it s own remuneration and reward : and if by mischance ( which I hope shall not occur ) their forwardness in sollicitation procure a reprehensory check , then let them lay the blame upon this page , which I shall take upon my shoulder , and bear the burthen of all ; there is no inchantment there . But that , Amicus certus in re incerta cernitur , was a saying of King James , of whom to make no mention amongst the literate men of the Scotish Nation , that have flourished since 1600. would argue in me no less debility of memory , then Massala Corvinus was subject to , who forgot his own name : for besides that he was a King , history can hardly afford us amongst all the kings that ever were ( Solomon and Alfonso of Aragon being laid aside ) any one that was neer so learned as he : as is apparent by that book in folio , intituled King James his works , and several other learned Treatises of his , which in that book are not contained . In this list of armes and arts-men , King James obtaines a rank amongst the Scholars ; because the souldiery did repute him no favourer of their faculty . His Majesty is placed last , as in a Parliamentary procession , and bringeth up the reer , as General Ruven Leads on the Van : for as Ruven was such a meer souldier , that he could neither read nor write ; so King James was such a meer scholar , that he could neither fight by sea nor land . He thought James the peaceable a more Royal stile , then William the Conqueror ; and would not have changed his Motto of Beati pacifici for the title of Sylla felix , although it had been accompanyed with the victory over a thousand Mariuses ; yet in his dayes were the Scots in good repute , and their gallantry over almost all countries did deserve it . Then was it that the name of a Scot was honorable over all the world , and that the glory of their ancestors was a pass-port and safe-conduct sufficient for any traveler of that country . In confirmation whereof , I have heard it related of him , who is the 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 of his discourse , and to whose weal it is subordinated , that after his peragration of France , Spaine ; and Italy , and that for speaking some of those languages with the liveliness of the country accent ; they would have had him pass for a Native , he plainly told them ( without making bones thereof ) that truly he thought he had as much honour by his own country , which did contrevalue the riches and fertility of those Nations , by the valour , learning , and honesty , wherein it did parallel , if not surpass them . Which assertion of his was with pregnant reasons so well backed by him , that he was not much gainesaid therein by any in all those kingdoms . But should he offer now to stand upon such high terms , and enter the lists with a spirit of competition , it fears me that in stead of Laudatives and panegyricks , which formerly he used , he would be constrained to have recourse to vindications and apologies : The toyle whereof , in saying one and the same thing over and over again , with the misfortune of being the less believed the more they spoke , hath proved of late almost insupportable to the favourers of that Nation , whose inhabitants , in forraign peregrinations , must now altogether , in their greatest difficulties , depend upon the meer stock of their own merit , with an abatement of more then the half of its value , by reason of the national imputation : whilst in former times , men of meaner endowments would in sharper extremities , at the hands of stranger-people , have carryed thorow with more specious advantages , by the only vertue of the credit and good name of the country in general ; Which , by twice as many abilities as ever were in that land , both for martial prowess , and favour of the Muses , in the persons of private men , can never in the opinion of neighbour-States and Kingdoms , be raised to so great a hight , as publick obloquy hath deprest it . For as that City whose common treasure is well stored with money , though all its burgers severally be but poor , is better able to maintaine its reputation , then that other , all whose Citizens are rich , without a considerable bank , the experience whereof history gives us , in the deduction of the wars betwixt the Venetians and Genois : even so will a man of indifferent qualifications , the fame of whose country remaineth unreproached , obtaine a more amicable admittance to the societies of most men , then another of thrice more accomplished parts , that is the native of a soyle of an opprobrious name ; which although , after mature examination , it should seem not to deserve , yet upon the slipperiest ground that is of honor questioned , a very scandal once emitted , will both touch and stick . This maintaining of the reputation of the Scots in these latter dayes , hath at several times , in forraign countries , occasioned adventuring of the single combate , against such inconsiderate blabs , as readily upon any small ( though groundless ) misreport are prodigal of reproaches , and cast aspersions on men of the most immaculate carriage : many instances hereof I could produce ; but to avoid prolixity , I will refer the manifestation of the truth thereof to the testimony of Captain John Mercer , whom I might have nominated for his excellency in the sword , with Sir John Hume of Eatoun , and Francis Sinclair but that in a treatise of this nature , where the subjected matter doth not all at once present it self to the memory , to place each one in order as he comes , is methodo doctrinae nothing repugnant to the true series of the purpose in hand . What ascendant he hath over others at the single rapeer , hath been many times very amply expressed by my Lord of Newcastle , and the late Earl of Essex , and ( as I am infomed ) by this same Earl of Salisbury , besides divers others , who have been eye-witnesses to the various proofs , he hath given of his exquisiteness in the art of defence ; amonst whom Sir John Carnegy , and Sir David Cuningham , are best able to relate , what with their own eyes they saw him do at Angiers , a City in France , where , after many exasperating provocations , he at last , to vindicate both his own fame , and that of his Native country , overthrew , in the presence of sundry gentlemen and Ladies , one of the most renowned for the faculty of escrime , that was in all that Kingdom . Some such trials are reported to have been undergone by him here in England , with so much applause , and deserved approbation , as from the mouths of men very skilful in that gladiatory profession , hath extracted ( out of their sincerity of heart ) an unfained commendation of being the best sword-man of the Isle of great Britain ; Which I say , not to disparage any of the English Nation ; for that I know there are in it as truly valourous men , as any one breathing in the world : and of as good conduct for the improving of their courage , and making it effectual against their declared enemies ; but that he hath some secret puntilios in the exercise of the single sword-fight , by pursuing all manner of wards with falsifying , binding , and battering of the sword , after a fashion of his own , with all due observance of time and distance ; by providing , in case the adversary after a finda , going to the parade , discover his brest to caveat , & give him in a thrust in quart , with ecarting and volting the body : to alonge a stoccade coupee au ventre les deux pieds en sautant , and other such excellent feats , which the judgement conceiving , and the eye perceiving , the hand and foot , by vertue of a constant practise , execute with an incredible nimbleness and agility ; to the perfection whereof , although a martially-disposed gentleman do never attaine , it can no more derogate from his eminency in Military employments , then it doth eclipse the credit of a commander in chief of cavalry , not to make a well-managed horse to go so neatly terre a terre , the incavalar , the ripolone , the passades , the corvetti , the serpegiar , the two steps and a leap , the mezere , the gallop galliard , le saut de mouton , and other such like pleasant aires , as would a cavallerizo or master of the noble art of riding . Notwithstanding the frequent hazards , which many besids this Capt. Mercer , ( whom now I will not nominate ) have run themselves upon , in defence of the good name of the Scots , the nature nevertheless of common spirits is ( without any forecast of danger ) to proclaim the disease of some , to be a leprosie cleaving to the body of the wholeNation . Which custom truly , as it is disapprovable , for that the innocent do thereby suffer for the fault of the guilty ; so do I the more dislike it , that the gentleman who in this treatise is the most concerned , when after that to my knowledge he had received some favour with expectation of greater ones , it no sooner happened , by his servants or some else , to be known of what country he was , but immediately the effectual courtesies formerly intended towards him , were exchanged into meer superficial complements , and general civilities ; with this assurance nevertheless , that out of their respects to him , they should abstaine , in all times comming , from doing any injury to his compatriots : which hope of preservation of his country-men , upon the basis of his single reputation , from the danger of future prejudice , did afford him no small contentment , although the name of his country , in matter of himself , did prove a very dismal obstruction to the prosecuting of his own good fortune : and to speak ingenuously , seeing it is the case of many good spirits and worthy gentlemen besides him , I could heartily wish , as no man is anywhere praised for his mothers being in such or such a place at the instant of his birth , that also nowhere any should receive the least detriment , either in his means or estimation , for his parents residence when he was born . Those productions of meer chance , and concomitances of what is totally out of the reach of our power to command , were understood by the wise and generous men of old , to deserve so little influence for procuring good or bad to the enjoyers of them , that Anacharsis , although a native of Scythia , which was then a more savage country then at this time it is , albeit now it be the seminary of a wilder people then ever Scotland did bring forth , was by Greece , the most judicious Nation in the world , with great applause inrolled in the sacred septenary of the most highly-renowned men , for prudence and true wisdom , that ever lived there : and Oxales , notwithstanding his being a high-lander of Genua , and born amidst the barren mountains of Liguria , was nevertheless by the mighty Emperour Tamarlain , although a stranger and of a different religion to the boot , dignified with the charge and title of one of the prime generals of that vast Asiatick army which overthrew the Turkish Bajazet . In imitation of which specious and remarkable examples , that the State of this Isle , without regard to Ephestian or Exotick Country , exterior concernements , adjuncts of fortune , or any thing beyond the Sphere of our wills activity , should consider of men according to the fruits ( whether good or bad , true or false ) of the several acts and habits respectively , which , before the interior faculties by frequent iteration were therewith affected , did at first depend upon our own election , it is both my desire and expectation for that the gentleman , whose interest I herebyintend to promove , doth openly defie very calumny it self to be able to lay any thing to his charge , either for tergiversation , covetousness , or hypocrisie , the three foule blots wherewith his country is stained by those , that , for the blemish of a few , would asperse the whole , and upon all lay the imputation of faults done but by some I dare swear with a safe conscience , that he ntver coveted the goods of any , nor is desirous of any more in matter of worldly means , then the peaceable possession of what is properly his own : he never put his hand to any kinde of oath , nor thinks fit to tye his conscience to the implicite injunctions of any Ecclesiastical tyranny . He never violated trust ; alwayes kept his parole ; and accounted no crime more detestable , then the breach of faith . He never received money from King nor Parliament , State nor Court ; but in all employments , whether preparatory to , or executional in war , was still his own pay-master , and had orders from himself . He was neither in Duke Hamiltons engagement , nor at the field of Dunbar : nor was he ever forced , in all the several fights he hath been in , to give ground to the enemy , before the day of Worcester-battel . To be masked with the vaile of hypocrisie , he reputes abominable , and gross dissimulation to contrast the ingenuity of a free-born spirit . All flattering , smoothing and flinching for by-ends , he utterly disliketh , and thinks no better of adulatory assentations , then of a Gnatonick sycophantizing , or parasitical cogging : he loves to be open-hearted , and of an explicite discourse , chusing rather by such means to speak what is true , to the advantage of the good , then to conceal wickedness under a counterfeit garb of devotion . By vertue of which liberty , though reasonably assumed by him , and never exceeding the limits of prudential prescription , he in a little book lately published , of the genealogy of his house , had ( after the manner of his predecessors , who for distinction sake were usually entituled by appellative designations ) his proper name affected with the agnominal addition of the word parresiastes , which signifieth one that speaks honestly with freedom : not but that above all things he approveth of secrecy in the managing of affaires of moment , and holdeth the life of all great businesses to consist in the closeness of counsel , whilst they are in agitation ; but as a woman should not sit with her face masked , in the company of her friends at dinner , nor a man keep himself alwaies skulking behinde a buckler , where there is no apearance of a foe ; so should the affectedness of a servil silence utterly be exploded , when veracity of elocution is the more commendable quality . This bound he never yet transgressed ; and still purposeth to be faithful to his trust . I am not now to dispute the mutual relation of protection and obedience ; and how far , to the power God hath placed above us ( in imitation of Christ ) we are bound to suceumb . Those that are throughly acquainted with him know his inclinations , both that he will undertake nothing contrary to his conscience , that he will regulate his conscience by the Canons of a well-grounded faith , and true dictamen of reason , and that to the utmost of his power he will perform whatever he promiseth . As for those that know him not , and yet would in the censure of him as liberally criticize it , as if they were his cardiognosts , and fully versed in his intentions ; if they be not men in whom he is concerned , as having authority above him , he will never vex his brain , nor toyle his pen , to couch a fancy , or bestow one drop of inke upon them for their satisfaction . It doth suffice him , that the main ground of all his proceedings , is honesty ; that he endeavoreth the prosecuting of just ends by upright means : and seeing the events of things are not in the power of man , he voluntarily recommendeth unto providence the over-ruling of the rest : he hath no prejudicate principles , nor will he be wedded to self-opinions . And yet ( as I conceive it ) he believeth , that there is no government ( whether Ecclesiastical or Civil ) upon earth , that is jure divino , if that divine right be taken in a sense secluding all other forms of government ( save it alone ) from the priviledge of that title ; those piae fraudes and political whimsies being obtruded upon tender consciences , to no other end , but that , without expense of war , theymight be plyable in their obedience to the injunctions of the Vice-gerents of the Law , meerly by deterring them from acting any thing contrary to the will of the primitive Legislator , for fear of Celestial punishment . As for Pacts and Covenants , it is my opinion that he thinks they are no further obligatory , ( and consequently being annihilated , no more to be mentioned much less urged ) when the ground whereupon they were built , or cause for which they were taken , are not in vigour to have any more influence upon the contracters : for idem est non esse & non operari ; Non entium nullae sunt affectiones : and sublato fundamento tolluntur & emnia quae illi superstruuntur . I am confident the consistorian party will be so ill pleased with the freedom of this expression , that they will account him a malignant or a sectary that hath penned it ; therefore ( in my conceit ) to use their cavilling idiom , a malignant and independent wil better sympathize with one another , then either of them with the Presbyter ; whose principles how consistent they are with Monarchy , or any other kind of temporal soveraignty , let any many judge that is versed in the story of Geneva , the civil wars of France and Bohemia , and history of queen Mary of Scotland ; although what hath been done by the Kirkists these last dozen of yeers , had been altogether buryed in oblivion , that nothing had been known of their unanimous opposition by the Presbyterian armies at Dunslaw , Newburne , Marston-moor , and Hereford to the late Kings designes , crowned by his own imprisonment at Newcastle and Holmby ; and that after proclaiming Charles the second , at the marker-cross of Edenburgh , king of the three Realms of England , Scotland , and Ireland ; that they had wounded him , and shed his blood , in the persons of the peerage of Huntely and Montrose , had been utterly forgotten . What gallant Subjects these Presbyterians have been , are for the present , and will prove in times coming , to any kinde of Secular power , you may perceive by King James his 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , the late King 's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , and this young King 's 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 : they to Basilical Rule ( or any other Temporal Soveraignty ) being in all its genders ( and that at all occasions ) as infectious as ever was the Basilisk's sight to the eye of man. For of a King they onely make use , for their own ends ; and so they will of any other Supreme Magistracie , that is not of their own erection . Their Kings are but as the Kings of Lacedemon , whom the Ephors presumed to fine , for any small offence : or as the Puppy-Kings , which , after children have trimmed with bits of Taffata , and ends of Silver-lace , and set them upon Wainscoat Cupboards besides Marmalade and Sugar-cakes , are oftentimes disposed of ( even by those that did pretend so much respect unto them ) for a two-peny Custard , a pound of Figs , or mess of Cream . Verily , I think they make use of Kings in their Consistorian State , as we do of Card-kings in playing at the Hundred ; any one whereof , if there be appearance of a better game without him , and that the exchange of him for another incoming Card is like to conduce more for drawing of the stake ) is by good gamesters without any ceremony discarded : Or as the French on the Epiphany-day use their Roy de la ●ebve , or king of the bean ; whom , after they have honoured with drinking of his Health , and shouting aloud , Le Roy boit , le Roy boit , they make pay for all the reckoning ; not leaving him sometimes one peny , rather then that the exorbitancie of their debosh should not be satisfied to the full . They may be likewise said to use their King , as the players at Nine-pins do the middle Kyle , which they call the king ; at whose fall alone they aim , the sooner to obtain the gaining of their prize : or as about Christmats we do the King of Misrule ; whom we invest with that title to no other end , but to countenance the Bacchanalian Riots and preposterous disorders of the family , where he is installed . The truth of all this , appears by their demeanour to Charles the second ; whom they crowned their King at Sterlin , and who , ( though he be , for comeliness of person , valour , affability , mercy , piety , closeness of counsel , veracity , foresight , knowledge , and other vertues both Moral and Intellectual , in nothing inferiour to any of his hundred and ten predecessors ) had nevertheless no more rule in effect over the Presbyterian Senate of Scotland , then any of the six foresaid mock-kings had above those by whom they were dignified with the splendour of Royal pomp . That it is so , I appeal to the course taken by them , for assisting him whom they called their King , against them whom I must confess they hate more then him : for , admitting of none to have any charge in State , Church , or Army , but such as had sworn to the eternity of the Covenant , and inerrability of the Presbyterian See , lest otherwise , like Achan's wedge , they should bring a judgement upon the Land ; some Lords , and many others so principled , after that by their King they had been intrusted with Commissions to levie Regiments of both Horse and Foot , together with other Officers subordinate to them , did , under pretext of making the King a glorious King , and the Covenant to triumph at the gates of Rome , with a pseudo-sanctimonial trick of zeal , Legerdemain-subtilty , and performing the admirable feats of making a little weak man , unfit for Military service , a tall , strong , and warlike champion , and that onely by the sweet Charm of laying twenty Rexdolars upon his head and shoulders ; as also by the Arch-angelical inchantment of fifteen double Angels , had the skill to make an Irish hobbie , or Galloway-nag , as sufficient for their Field-fight , as any Spanish Genet , or Naples courser . In prosecution of which wonderful exploits , some of them approved themselves such exquisite Alchymists , that many of both the Cavalry and Infantry , with their Arms , Ammunition , and Apparel , were by them converted into pure gold and silver : by means whereof , although the Army shrunk into half the proposed number , in both Horse , Foot , and Dragoons , and all the most necessary accommodations for either Camp , Leaguer , or March , was chymically transformed into the aforesaid wel-beloved metal , they nevertheless put such undoubted confidence into the goodness of their Cause , that , by vertue thereof , no less miraculous acts were expected and promised by the prophecies of their Neo-Levites out of Scripture , atchieved by them against the Malignants and Sectaries , then those of Gideon with his water-lappers , and Jonathan with his Armour-bearer , against the Midianites and Philist●●●… ▪ to so great a height did their presumption reach : and yet when it came to the push , those that had received greatest profit by the Country Assesments , and ruined with cruellest exactions the poor Yeomanry , were the first that returned homewards , being loth to hazard their precious persons , lest they should seem to trust to the arm of flesh . Notwithstanding this backsliding from Martial prowess of the godly Officers , with the epenthesis of an● ( in which number I inrol not al , but the greater part of those that were commissionated with the Scot-Ecclesiastical approbation ) their rancour and spleen being still more and more sharpned against the English Nation , they in their tedious pharisaical prayers before Supper , and Sesquihoral Graces upon a dish of Skink , and leg of Mutton , would so imbue the mindes of the poor swains ( on whose charge they were ) with vaticinations of help from heaven , against the Sennacheribs that were about to infest Hezokiah's host , and the peace of their Israel , that the innocent sufferers having sustained more prejudice by quartering , plundering , and continual impositions of those their hypocritical country-men , then ever their predecessors had done by all the devastations of the ancient English , Saxons , Danes , and Romanes ; the holier they were in outward shew , their actions proving still the more diabolical ; they , in recompence of those aerial , or rather fiery ejaculations , recommended the avenging of their wrongs to God , and heartily loaded them ( and that deservedly ) with as many curses and execrations as they had lost of pence ; the pretty effect of a good Cause , and result sutable to the project of making the Jure-divine Presbytery a Government , which , besides its Universality and Eternity , should , in matter of Dominion , be , for its sublimity , placed above all the Potentates ●n the earth ; preferring , by that account , a Scotish Moderator to a Romane Dictator ; although they minded not , that such as claimed most right to this Generalissima-Jurisdiction , were , unknown to themselves , chained in fetters of iron , as slaves to the tyrannie of two insolent masters , the Concupiscible and Irascible appetites . Who doubteth , that is not blinded with the ablepsie of an implicite zeal , but that , by such contrivements , the three foresaid Dominions , together with Wales , were as fully projected to be subject to the uncontrolable commands of the Kirk , as the territories of Romania , Vrbino , Ferrara , and Avignon , to the See of Rome ; though with this advantage on the Popes side , that joynt to the power wherewith he is invested by his Papality , he ruleth over those parts by the right of a Secular Prince ; which title they cannot pretend to . Were those Kirk-men free from covetousness and ambition , whereinto that most of them are no less deeply plunged then any Laick in the world , sufficient proof , within these two yeers , hath been given in Scotland , by their laying claim to the fifth part of all the rents of the Land , under the notion of Tythes ; devesting Noble-men of their rights of Patronages , and bringing their persons to stand before them on Penitentiary Pews ( like so many varlets ) in mendiciary and gausapinal garments , not so much for any trespass they had committed , as thereby to confirm the Soveraignty of their Hierarchical jurisdiction , which is neither Monarchical , Aristocratical , nor Democratical , but a meer Plutarchy , Plutocracy , or rather Plutomanie ; so madly they hale after money , and the trash of this world . If so , I say , they were not guilty of such-like enormities ; and that , according to their talk of things above , their lives were answerable , or yet the result of their Acts , when all together in Assemblies , Synods , or Presbyteries they are congregated into one body ; then to require such matters , might in some measure seem excusable ; because an unfeigned zeal to the furtherance of Learning , Piety , and good works , should be seconded with power and wealth : but that for a meer aerial discourse of those , whose hearts are ingulphed in the dross of worldly affections , others should part from their own means and dignities to enrich the wives and children of hypocrites , is a crying sin before God ( contrary to Saint Paul's admonition , who accounteth men infidels that do so ) and the abusing of those benefits he hath vouchsafed to allow us , for the maintetenance of our families , and provision for posterity . Is there any more common saying over all Scotland in the mouthes of the Laicks , then that the Minister is the greediest man in the Parish , most unwilling to bestow any thing in deeds of charity ? and that the richer they become , ( without prejudice be it spoken of some honest men amongst them ) the more wretched they are ? grounding that assertion on this , That by their daily practice , both severally and conjunctly , it is found , that for their splendour and inrichment , most of them do immire their spirits into earthly projects , not caring by what sordid means they may attain their aims : and if they make any kinde of sermocination tending in outward appearance to godliness ( which seldom they do , being enjoyned by their Ecclesiastical authority to preach to the times , that is , to rail against Malignants and Sectaries , or those whom they suppose to be their enemies ) they do it but as those Augurs of old , of whom Aulus Gellius speaking , saith , Aures verbis ditant alienas , suas ut auro locupletent crumenas . I know I touch here a string of a harsh sound to the Kirk , of a note dissonant from their proposed harmony ▪ & quite out of the systeme of the intended oecumenick government by them concerted : but seeing there are few will be taken with the melody of such a democratical hierarchie , that have not preallably been stung with the tarantula of a preposterous ambition , I will insist no longer on this purpose ; and that so much the rather , that he , whose writings I in this tractate intermix with my own , tempers his Heliconian water with more hony then vinegar , and prefers the Epigrammatical to the Satyrick straine ; for althoug ( I think ) there be hardly any in Scotland that proportionably hath suffered more prejudice by the Kirk then himself ; his own Ministers ( to wit , those that preach in the Churches whereof himself is patron , Master Gilbert Anderson , Master Robert Williamson , and Master Charles Pape by name , serving the Cures of Cromarty , Kirkmichel , and Cullicudden ) having done what lay in them , for the furtherance of their owne covetous ends , to his utter undoing : for the first of those three , ( for no other cause , but that the said Sir Thomas would not authorize the standing of a certain Pew ( in that Country called a desk ) in the Church of Cromarty , put in without his consent , by a professed enemy to his House , who had plotted the ruine thereof ; and one that had no Land in the parish ) did so rail against him and his family in the Pulpit at several times , both before his face , and in his absence , and with such opprobrious termes , more like a scolding Tripe-sellers wife , then good Minister , squirting the poyson of detraction and abominable falshood ( unfit for the chaire of verity ) in the eares of his tenandry , who were the onely auditors , did most ingrately and despightfully so calumniate and revile their Master , his own patron and benefactor , that the scandalous and reproachful words striving which of them should first discharge against him its steel-pointed dart , did , oftentimes , like clusters of hemlock , or wormewood dipt in vinegar , stick in his throat ; he being almost ready to choak with the aconital bitterness and venom thereof , till the razor of extream passion , by cutting them into articulate sounds ; and very rage it self , in the highest degree , by procuring a vomit , had made him spue them out of his mouth , into rude indigested lumps , like so many toads and vipers that had burst their gall . As for the other two , notwithstanding that they had been borne , and their Fathers before them , vassals to his house , and the predecessor of one of them had shelter in that Land , by reason of slaughter committed by him , when there was no refuge for him anywhere else in Scotland ; and that the other had never been admitted to any Church , had it not been for the favour of his foresaid patron , who , contrary to the will of his owne friends , and great reluctancy of the ministry it self , was both the nominater and chuser of him to that function ; and that before his admission , he did faithfully protest he should all the days of his life remain contented with that competency of portion the late incumbent in that charge did enjoy before him : they nevertheless behaved themselves so peevishly and unthankfully towards their forenamed patron and Master , that , by vertue of an unjust decree both procured and purchased from a promiscous knot of men like themselves , they used all their utmost endeavours , in absence of their above-recited Patron ( to whom and unto whose house they they had been so much beholding ) to out-law him , and declare him rebel ( by open proclamation , at the market-cross of the head Town of his owne shire ) in case he did not condescend to the grant of that augmentation of stipend , which they demanded , conforme to the tenour of the above-mentioned decree ; the injustice whereof will appeare , when examined by any rational judge . Now the best is , when by some moderate Gentlemen it was expostulated , why against their Master , Patron , and benefactor , they should have dealt with such severity and rigour , contrary to all reason and equity ; their answer was , They were inforced and necessitated so to do , by the synodal and presbyterial conventions of the Kirk , under paine of deprivation , and expulsion from their benefices : I will not say , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , but may safely think that a well-sanctified mother will not have a so ill-instructed brat , and that injuria humana cannot be the lawfull daughter of a jure divino parent . Yet have I heard him , notwithstanding all these wrongs , several times avouch , that from his heart he honoureth the ministerial function , and could wish that each of them had a competency of livelihood , to the end that for not lacking what is necessary for him , he might not be distracted from the seriousness of his speculative imploiments , with which above all things he would have one busied , that were admitted to that charge ; and to be a man of a choice integrity of life , and approved literature : he alwayes esteeming Philosophy , in all its Mathematical , natural , and prudential demonstrations , rules , and precepts , so convenient for inbellishing the minde of him whose vocation it is , to be sequestred from the toil of worldly affairs ; that the Reason and Will of man being thereby illuminated , and directed towards the objects of truth and goodness , a Church-man or pretender to divinity regardless of those sciences , might be justly suspected to be ignorant of God , by caring so little for the knowledge of his creatures , and upon a sacred text oftentimes to make an unhallowed comment . I have heard him likewise say , he would be glad , that in every Parish of Scotland there were a free Schoole and a standing Library , in the custody of the Minister ; with this proviso , that none of the books should be embezeled by him , or any of his successors ; and he impowered to perswade his parishioners , in all he could , to be liberal in their dotations towards the School , and magnifying of the Library : To the end that besides the good would thereby redound to all good Spirits , it might prove a great encouragement to the Stationer and Printer ; that , being the noblest profession amongst Merchants ; and this , amongst Artificers . As also to intreat the Civil Magistrate , by the severity of the Law , to curb the insolency of such notorious and scandalous sinners as should prove unpliable to the stamp of his wholesome admonitions . As for his wife and children , if he follow the footsteps of Solomon , & ask sincerely for wisdome of God before he wed , he will undoubtedly endow him with wealth sufficient for both ; for whoever marieth , if he be wise , will either have a vertuous or a monyed woman to his mariage-bed ; by means of either whereof , the discretion and foresight of a judicious husband , will provide a dowry for her , and education for her issue ; which , in a well-policied Country , is better then a patrimony . The taking of this course , will advance learning , further piety , improve all moral vertues establish true honour in the land ▪ make trades flourish , merchandise prosper , the yeomanry industrious , Gentlemen happy , and the ministers themselves richer then when their mindes were totally bent on the purchase of money : for , as patterns of godliness without morosity , and literature without affectation ( being men qualified as aforesaid ) by their sweetness of conversation , and influence of doctrine , they would gaine so much ground upon the hearts of their acquaintance , that Country-men would not onely gratifie them dayly , and load them with variety of presents , but would also after their decease rather chuse to starve themselves , then suffer the wives and children of persons so obliging , to be in any want or indigence : specially if the traffick and civility of Scotland were promoved by a close union with England , not heterogeneal ( as timber and stone upon ice stick sometimes together ) bound by the frost of a conquering Sword ; but homogeneated by naturalization , and the mutual enjoyment of the same priviledges & immunities ; which design being once by King James set abroach , although some of his compatriot subjects , out of ambition to be called rather profound Scholars and nimble wits ▪ then good Country-men and loyal Counsellors , did pertinaciously withstand the motion . Yet seeing a wedge of Wainscot is fittest and most proper for cleaving of an oaken tree , and that Sir Francis Bacon , othewise designed by the titles of Lord Verulam , and Viscount Saint Albans , was pleased to make a speech thereupon in the Honorable House of Commons , in the fifth year of King James his raign in this Dominion ; it is the humble desire of the Author , that the States of this Isle vouchsafe to take notice of his reasons ( he being both a wise man and a good English man ) after the manner as followeth . He begins his discourse thus : IT may please you , Master Speaker , preface will I use none , but put my self upon your good opinions to which I have been accustomed beyond my deservings ; neither will I hold you in suspense what way I will chuse , but now at the first declare my self , that I mean to counsel the House to naturalize the nation of Scotland ; wherein nevertheless I have a request unto you , which is of more efficacy to the purpose I have in hand , then all that I shall say afterwards , and it is the same request which Demosthenes did more then once , in great causes of estate , make to the people of Athens , that when they took into their hands the balls , whereby to give their voices ( according as the manner of them was ) they would raise their thoughts , and lay aside those considerations which their private vocations and degrees might minister and represent unto them , and would take upon them cogitations and mindes agreable to the dignity and honour of the estate . For , Master Speaker , as it was aptly and sharply said by Alexander to Parmenio , when upon their recital of the great offers which Darius made , Parmenio said unto him , I would accept these offers , were I as Alexander , he turned it upon him again , so would I ( saith he ) were I as Parmenio : So in this cause , if an honest English merchant ( I do not single out that state in disgrace , for this Island ever held it honorable , but onely for an instance of private profession ) if an English Merchant should say , Surely I would proceed no further in the union , were I as the King , it might be reasonably answered , No more would the King , were he as an English Merchant : and the like may be said of a Gentleman in the Country , be he never so worthy or sufficient ; or of a lawyer , be he never so wise or learned ; or of any other particular condition in this Kingdome : for certainly ( Master Speaker ) if a man shall be onely or chiefly sensible of those respects which his particular affection and degree shall suggest and infuse into him , and not enter into true and worthy considerations of estate , we shall never be able aright to give Counsel , or take Counsel , in this matter ; for if this request be granted , I account the cause obtained . Having begun his speech after this manner , he proceeds yet further ; and first , he fully answers all the arguments , concerning inconveniencies that have been alledged to ensue , in case of giving way to this naturalization : next , he discloseth what greater inconveniencies would assuredly befal this Land , if they did not condescend to the union : and lastly , what gaine and benefit would redound to England by meanes thereof : all which he displayeth in that learned speech , with such exquisite reasons , and impartial judgement , that , without prejudicacie of opinion , and sense-perverting passion , there is nothing to be said against it . He resteth not here , but in another passage thereof , after his having acknowledged the difference or disparity betwixt the two Nations in matter of external means , giving therein the advantage to England , as the richer Country ; he expresseth himself in these words : Indeed it must be confessed , that for the goods of the mind and body , they are alteri nos : for , to do them but right , we know in their capacity and understandings , they are a People ingenious , in labour industrious , in courage valiant , in body hard , active , and comely : more might be said , but in commending themwe , do but in effect commend ourselves ; for they are of one part and continent with us ; and , the truth is , we are participant both of their vertues and vices , &c. He says furthermore , in illustration of the inconveniences which England will incur , in case of non-naturalizing the Scots , that whatsoever several Kingdoms or Estates have been united in Soveraignty , if that union hath not been fortified and bound in with a further union , and namely that which is now in question ( of naturalization ) this hath followed , that at one time or other they have broken , being upon all occasions apt to relapse and revolt to the former separation . Of this assertion the first example that I will set before you , is of the memorable union which was between the Romans and the Latines , which continued from the battel at the Lake of Regilla for many yeers , until the Consulship of Caius Plautius , andLucius Aemilius Mammercus : calledBellum sociale , being the most bloody and pernicious War that ever the Romane State endured ; wherein , after numbers of battels , and infinite Sieges and surprisals of Towns , the Romanes in the end prevailed , and mastered the Latines : And as they had the honour of the War , so looking back into what perdition and confusion they were neer to have been brought , they presently naturalized them all . Immediately thereafter , setting before our eyes the example of Sparta , and the rest of Peloponnesus their associates , he saith thus : The State of Sparta ofThebes , by certain desperate conspirators in the habit of masters , there insued forthwith a general revolt and defection of their associates ; which was the ruine of their State , never after to be recovered . In the same dicourse he introduceth another example , though of latter times , which is this , that ofAragon had in the persons of Ferdinand andIsabella been united with the rest of Spain , and that it had so continued for many years , yet because it was severed and divided from the other Kingdoms of Spaine in this point of naturalization , it fell out so , that , long after that , upon the voice of a condemned man , out of the grate of a Prison , towards the street , that cryed Libertad , libertad , there was raised a dangerous rebellion ▪ which with great difficulty was supprest with an army royal : after which victory nevertheless , to shun further inconvenience , they were incorporated with Castile , and the remanent regions of Spaine ▪ Pisa likewise being united unto Florence , without the benefit of naturalization , upon the first sight of Charls the eighth of France his expedition into Italy did revolt ; yet afterwards it was reunited , and did obtain the foresaid benefit . A little after , the better to perswade the Parliament to the said Naturalization of the Scots , he subjoineth these words . On the other part ( Master Speaker ) because it is true which the Logicians say Opposita juxta se posita clarius elucescunt ; let us take a view , and we shall find , that wheresoever Kingdoms and States have been united ▪ and that union incorporated by the bond of Naturalization mutually , you shall never observe them afterwards upon any occasion of trouble or otherwise , to break and sever again ; as we see most evidently before our eyes ▪ in our Provinces of France ; that is to say , Guyen Provence Normandy , Britain , which notwithstanding the infinite infesting troubles of that Kingdome , never offered to break again . We see the like effect in all the Kingdomes of Spain , which are mutually naturalized ; as Castile , Leon , Valenicia , Andaluzia , Granada , Murcia , Toledo , Catalonia , and the rest , except Aragon , which held the contrary course , and therefore had the contrary success : and lastly , we see the like effect in our Nation , which never rent asunder after it was united ; so as we now scarce know , whether the Heptarchy was a true story , or a fable : and therefore ( Master Speaker ) when I revolve with my self these examples , and others , so lively expressing the necessity of a Naturalization , to avoid a relapse into a separation , I must say , I do believe ( and I would be sory to be found a Prophet in it ) that except we proceed with this naturalization , though not perhaps in his Majesties time , who hath such interest in both Nations ▪ yet in the mean time of his descendents , these Realmes will be in continual danger to divide and break again . Now if any man be of that careless mind , Maneat nostros ea cura nepotes ; or of that hard mind , to leave things to be tried by the sharpest sword : sure I am , he is not of Saint Pauls opinion , who affirmeth that whosoever useth not foresight , and provision for his family , is worse then an Infidel ; much more if we shall not use foresight for these two Kingdomes , that comprehend in them so many families , but leave things open to the peril of future division . And so forth going on very efficaciously in confirmation of the premises , he proceeds to the benefits which arise to England by knitting the knot surer and straiter between these two Realms , by communicating Naturalization to Scotland : his words are these . byTitus Quintus the Romane , touching the state of Peloponnesus , that the tortoise is safe within her shell , Testudo intertegumen tuta est ; but if there be any parts that lie open , they endanger all the rest . We know well , that although the State at this time be in a happy peace , yet for the time past , the more ancient Enemy is the French , and the more the late Spaniard ; and both these had as it were their several postern-gates , whereby they might have approach and entrance to annoy us : France had Scotland , andSpaine had Ireland ; for these were but the two accesses which did comfort and encourage both these Enemies to assaile and trouble us : we see that of Scotland is cut off by the union of these two Kingdomes , if that it shall be made constant and permanent ; that of Ireland is cut off likewise by the convenient situation of the west of Scotland towards the north of Ireland , where the sore was , which we see being suddenly closed by meanes of this salve ; so that as now there are no parts of the State exposed to danger to be a temptation to the ambition of Forrainers , but their approaches and avenues are taken away : for I do little doubt , but these Forrainers , who had so little success when they had those advanvantages , will have much less comfort now , that they be taken from them . And so much for surety . He goes on : For greatness ( Master Speaker ) I think a man may speak it soberly , and without bravery , that this Kingdom of England having Scotland united , Ireland reduced , and shipping maintained , is one of the greatest Monarchies , in forces truely esteemed , that hath been in the world ; for certainly the kingdoms here on earth , have a resemblance with the kingdom of heaven , which our Saviour compareth not to any great kernel or nut , but to a very small graine , yet such a one as is apt to grow and spread ; and such do I take to be the constitution of this kingdom , if indeed our country be referred to greatness and power , and not quenched too much with the consideration of utility and wealth . For ( Master Speaker ) was it not , think you , a true answer that Solon of Greece made to rich King Croesus of Lydia , when he shewed unto him a great quantity of gold , that he had gathered together , in ostentation of his greatness and might ? but Solon said to him contrary to his expectation , Why , sir , if another come that hath better iron then you , he will be Lord of all your gold . Neither is the authority of Machiavel to be despised , who scorneth that proverb of State , taken first from a speech of Mucianus , Thatmoneys are the sinews of war ; and saith there are no true sinews of war , but the very armes of valiant men . Nay more ( Master Speaker ) whosoever shall look into the seminary and beginning of the Monarchies of the world , he shall finde them founded in poverty . Persia , a country barren and poor in respect of Media , which they reduced . Macedon , a kingdome ignoble and mercenary , untill the time of Philip ofAmintas . Rome had a poor and pastoral beginning . The Turks ▪ a band of Sarmachian Scyths , that in a vagabond manner made incursion upon that part of Asia calledTurcomania ; out of which , after much variety of fortune , sprung the Ottoman family , now the terrour of the world . So we know the Goths , Vandals , Alans , Huns , Lombards , Normans , theRoman Empire ; and came not at rovers , to carry away prey , and be gone againe , but planted themselves in a number of rich and fruitful provinces , where not only their generations , but their names remaine to this day ; witness Lombardy , Catalonia , a word composed of Goth and Alan , Andaluzia , a name corrupted from Vandalitia ; Hungaria , Normandy , and others : nay , the fortune of the Swisses of late yeers , which are bred in a barren and mountanous country , is not to be forgotten ; who first ruined the Duke of Burgundy , the same who had almost ruined the kingdom of France , what time after the battel near Granson , the rich Jewel of Burgundy , commonSwisse , that knew no more what a jewel meant , then did Aesops cock : and again , the same nation , in revenge of a scorn , was the ruine of the French kings affaires in Italy , Lowis the twelfth ; for that king , when he was pressed somewhat rudely by an agent of the Swissers to raise their pensions , broke into words of choler , What ( saith he ) will those villains of the mountaines put a task upon me ? which words lost him his Dutchy of Milan , ofItaly . All which examples ( Master Speaker ) do well prove Solons opinion of the Authority and majesty that iron hath over gold . For confirmation hereof , a little after ▪ he says , Seeing the nation of Spaine , which of ancient time served many ages , first under Carthage , then under Rome , after under Saracens , Goths , and others , should of late yeers take unto them that spirit as to dream of a Monarchy in the West , only because they have raised from some wild and unarmed people , mines and store of gold ; and on the other side , that this Island of Britain , seated and named as it is , and that hath , I make no question , the best iron in the world , that is , the best souldiers of the world , shall think of nothing but accompts and audits , meum and tuum , and I cannot tell what , is truly very strange . Finally , he closeth that his speech with this period , I have spoken ( Master Speaker ) out of the fountaine of my heart , Credidi , propter quod loquutus sum ; I believed , therefore I spake . So my duty is performed : the judgement is yours ; God direct it for the best . In another speech ( again ) used by the said Sir Francis Bacon , in the lower house of Parliament , by occasion of a motion concerning the union of Laws , he spoke thus . And it please you ( Master Speaker ) were it now a time to wish as it is to advise , no man should be more forward , or more earnest then my self in this wish , that his Majesties subjects of England and Scotland were governed by one law ; and that for many reasons . First ▪ Because it will be an infallible assurance , that there will never be any relapse in succeeding ages to a separation . Secondly , Dulcis tractus pari jugo ; if the draught lie most upon us , and the yoak lie least on them , or inverse-wise , it is not equal . Thirdly , The qualities , and ( as I may terme it ) the elements of their Laws and ours are such as do promise an excellent temperature in the compounded body ; for if the prerogative here be too indefinite , it may be the liberty there is too unbounded : if our laws and proceedings be too prolix and formal , it may be theirs are too informal and summary . Fourthly , I do discern , to my understanding , there will be no great difficulty in this work : for their Laws by that I can learn , compared with ours , are like their Language : for as their Language hath the same roots that ours hath , but hath a little more mixture of Latine and French : so their Laws and customs have the like grounds that ours have , with a little more mixture of the civil Law and French customs . Lastly , The mean to this work seemeth to me no less excellent , then the work it self ; for if both Laws shall be united , it is of necessity ▪ for preparation and inducement thereunto , that our own laws be renewed and recompiled , then the which , I think there cannot be a work more politick● more honorable nor more beneficial to the subjects of the land for all ages ; for this continual heaping up of Laws without digesting them , maketh but a Chaos and confusion , and turneth the Laws many times to become but snares to the people : and therefore this work I esteem to be indeed a work ( rightly to terme it ) Heroical , and that which if I might live to see , I would not desire to live after . So that for this good wish of union of Laws , I do consent to the full . A little after he sayes , that this union of Laws should not precede the naturalization , nor go along with it paripassu ▪ but altogether succeed it , and that not in the precedence of an instant , but in distance of time , because the union of Laws will ask a great time to be perfected , both for the compiling and for the passing of them ; during all which time , if this mark of strangeness should be denied to be taken away , I fear it may induce such a habit of strangeness , as will rather be an impediment then a preparation to further proceeding . And albeit in the conclusion of his speech he saith , that he holdeth this motion of union of Laws very worthy , and arising from very good minds , but not proper for that time ; yet do I think that , for this time , and as the juncture of affaires is for the present , it is very proper and expedient . Therefore , although , in some parcels of the foresaid discourse not here recited , many pregnant reasons to those that opposed the naturalization of the Scots , because that Nation was annexed to England by inheritance , and not conquest , be exhibited , to shew that the grant of the benefit thereof should not be obstructed , for that Scotland was not a conquered Country ; as also why the Scots unwilligness to receive the English Laws , should be no impediment to their Naturalization : and that in Calvin's Case , which is extant to be seen in the seventh book of Sir Cook 's Reports , many excellent things are deduced in favour of the post●ati of that Realm , notwithstanding the diversity of Laws , and Scotland's then unacknowledged subordination to the meer Authority of this Land ; Yet seeing the face of affairs is quite altered from what it was then , and that the English civility and good carriage may gain so much upon the affections of the people there , as to make them in a very short space to be of the same Customs , Manners , and Language with them ; I do really believe if Sir Francis Bacon and Sir Edward Cook were now living , that both of them would unanimously advise the State and Soverainty of this Island to allow unto Scotland ( which neither is nor never was a Kingdom more then Wales was of old ) the same priviledges and immunities ( in every thing ) that Wales now hath , ( and which the Scots have in France , a transmarine Country ) to enjoy everywhere in all things , the emoluments and benefit competent to the free-born subjects of England ; and to this effect , to impower that Nation with liberty to chuse their representattves to be sen hither to this their soveraigne Parliament , that the publick trustees of England , Scotland , and Wales , may at Westminster jointly concur for the weal of the whole Isle , as members of one and the same incorporation . These two Knights , one whereof was Lord high Chancellor of England ▪ & the other Atturny General , and Lord chief Justice of the Common pleas , were good and wise men , full of honour , free from prevarication and by-respects , learned Lawyers , excellent Scholars , fluent Orators and ( above all ) worthy , loving , and sincere patriots of England ; for which cause I hope so many exquisite qualities meeting ( as it were ) in one constellation , by vertue of a powerfull influence upon the mindes of the supreame Senate of the Land , will incline the hearts of every one not to dissent from the Judgement and approbation of these two so eminent Judges and zealous English men ; and that so much the rather , that to the accomplishment of so commendable a work , we are conducted by nature it self , which , having made us divisos orbe Britannos , sheweth , ( by the antiperistatick faculty of a fountain or spring-well in the Summer season , whose nature is to be the colder within it self , the greater circumobresistence of heat be in the aire , which surrounds it ) that we should cordially close to one another , unite our Forces , and the more vigourously improve the internal strength we have of our selves , the greater that the outward opposition and hostility appear against us of the circumjacent outlandish Nations which inviron us on all sides . This was not heeded in ancient times , by reason of the surquedry of the old English , who looked on the Scots with a malignant aspect ; and the profound policie of the French , in casting ( for their own ends ) the spirit of division betwixt the two Nations , to widen the breach . But now that the English have attained to a greater dexterity in encompassing their facienda's of State , and deeper reach in considering what for the future may prove most honourable and lucrative , will ( like an expert Physician to a patient sick of a Consumption in his noble parts , who applieth cordials and not corosives ; and lenitives rather then cauters ) strive more ( as I imagine ) to gain the love and affection of the Scots , thereby to save the expence of any more blood or mony , then for overthrowing them quite in both their bodies and fortunes , to maintain the charge of an everlasting war against the storms of the climate , the fierceness of discontented People , inaccessibility of the hills , and sometimes universal penury , the mother of plague and famine ; all which inconveniences may be easily prevented without any charge at all , by the sole gaining of the hearts of the country . By which means , patching up old rents , cementing what formerly was broken , and by making of ancient foes new friends , we will strengthen our selves , and weaken our enemies ; and raise the Isle of Britain to that height of glory , that it will become formidable to all the world besides . In the mean while , the better to incorporate the three Dominions of England , Scotland , and Wales , and more firmely to consolidate their union , it were not amiss ( in my opinion ) that ( as little rivers , which use to lose their names when they run along into the current of a great flood ) they have their own peculiar titles laid aside , and totally dischaged into the vast gulph of that of Great Britain . But if upon any emergent occasion , it be thought fit to make mention of Ireland , and the several Dominions of Brttain , in an orderly enumeration , to place Ireland ( as I conceive it ) before Scotland , is very preposterous ; not but that Ireland is a far more fertil Country , and that the Irish may be as good as any men : that the Scots in these latter yeers may be much degenerated from the magnanimity of their fore-Fathers , and that the succeeding progeny may perhaps prove little better ; or as you will : for be the soile or climate never so good or bad , with a permanence , or rather immutability in either of those qualities , the respective natives and inhabitants thereof will nevertheless , according to the change of times , be subject to a vicissitude of vice and vertue , as may appear by the inclinations of the Greeks and Romans now , compared with those of their Ancestors , in the days of Xerxes and Hannibal : but onely that I conceive priority to be more due to Scotland ( although I should speak nothing of its more immaculate reputation both abroad and at home , and of a longer series of Soveraigns that swayed Scepter there in a continuate uninterrupted succession ) and that because of its greater conformity with , and proximity to the Nation of England ; the People whereof , if they would imitate the fashion of the warlike Romans , should say , Scots and Irish , as the Romans did , Latines and Gaules , or Latins and Sicilians , by reason of the Latins vicinity and nearer adjacence to Rome ; although Sicilie was more fruitfull and opulent then Latium , and the Gaules more populous and every whit as fierce in the field as the Latins . I am afraid that I have trespassed a little upon the patience of the Reader , by insisting so long in my discourse upon Scotland : yet in regard of my obligation and bound duty to the Author of the above-recited lost Papers , whose native soyle it is , I could hardly do less , seeing it is for the good of him , that this whole tractate is compiled , and to his behalf , who expects not , ( as hath been said already in the 203 page , and abundantly proved by the fifteenth Axiom ) either recompense or punishment for his Countrys sake : he likewise hopeth , by vertue of the said axiom , that his being a meer Prisoner of war , without any further delinquencie , will not militate much against him ▪ if the subjects of the Land , by inventions of his , attain to what is conducible to them , in saving of expence , as by the discovery proffered to the publick , he is able to make good , when required thereto : that either money or lands , if not both , should be due to him for the disclosure of so prime a secret , is clearly demonstrated by the sixteenth : and that the State will be no less courteous and favourable to him , then to any other Prisoner of war proportionably , is plainly evidenced by the seventeenth : That the supreme authority of the Isle , in matter of the liberty of his person , and that of his brothers and menial servants , together with the enjoyment of his own houses , lands and rents , free from sequestration , confiscation , composition , and garisoning , should allow him the same conditions granted to any other no more deserving then himself , is manifestly proved by the eighteenth : that therefore he should obtaine the greater favours ( as aforesaid ) is proved by the nineteeth : and that if to no other prisoner of all his Country be truly competent , but to himself alone , the ample character ( in all its branches , as it is specified in the 232 , 233 , 234 , & 235 , pages ) which I have given of him , and could not conceal , being much less then his due ; then , in stead of a recompence for the surplusage of wherein others are defective , which he covets not , none certainly of all the Scotish Nation , whether Prisoner or other , should receive from the State so great favours and courtesies as himself , because ( without prejudice be it spoke to any man ) he did from the beginning of these intestine broyles walk in an even , if not a more constant track of blameless carriage , free from hypocrisie , coveousness , and tergiversation , then any of his compatriots : that notwithstanding the strictness of his allegience to supreme authority , and the many ties of obedience that lie upon any subject whatsoever , he may by vertue of his owne merit deserve a reward from the State , is clear by the twentieth : and that for the imparting of this invention and others , to publick acceptance , which are so properly his own , that no other braine , that ever was or is , did contribute any thing to their eduction , he may lawfully claim right to a competency of retribution , is made patent by the one and twentieth . And lastly , the Author desiring no more but the grant of the foresaid demands , although by the strict rule of commutative justice , it should seem to be a reward by too many stages inferior to the discovery of so prime an invention ; yet that the State doth him neither wrong nor injustice therein , provided he be not denyed of what he requireth , is fully cleared by the two and twentieth or last Axiome . This Apodictick course by a compositive method theorematically to infer consequences from infallible maximes , with all possible succinctness , I thought fit to imbrace ; because , to have analytically couched those verities , by mounting the scale of their probatition upon the prosyllogistick steps of variously-amplified confirmations , would have been a procedure for its prolixity unsuitable to the pregnancy of the State , whose intuitive spirits can at the first hearing discerne the strength of manifold conclusions ( without the labour of subsuming ) in the very bowels and chaos of their principles . I could truly ( having before my eyes some known Treatises of the Author , whose Muse I honour , and the straine of whose pen to imitate , is my greatest ambition ) have enlarged this discourse with a choicer variety of phrase ; and made it overflow the field of the readers understanding , with an inundation of greater eloquence : and that one way , Tropologetically , by Metonymical , Ironical , Metaphorical , and Synecdochical instruments of elocution , in all their several kinds , Artificially affected , according to the nature of the subject , with emphatical expressions , in things of great concernment with Catachrestical , in matters of meaner moment ; attended on each side respectively with an Epiplectick and Exegetick Modification ; with Hyperbolical , either Epitatically or Hypocoristically , as the purpose required to be Elated or Extenuated , they qualifying Metaphors , and accompanied with Apostrophes ; and lastly , with Allegories of all sorts , whether Apologal , Affabulatory , Parabolary , Aenigmatick , or Paraemial . And on the other part , Schematologetically adorning the proposed Theam with the most especial and chief flowers of the Garden of Rhetorick , and omiting no figure either of Diction or Sentence , that might contribute to the ears inchantment , or perswasion of the hearer . I could have introduced , in case of obscurity , Synonymal , Exargastick , and Palilogetick Elucidations ; for sweetness of phrase , Antimetathetick commutations of Epithets : for the vehement excitation of a matter , exclamations in the front , and Epiphonema's in the reer . I could have used , for the promptlyer stirring up of passion , Apostrophal and Prosopopocial diversions : and for the appensing and setling of them ▪ some Epanorthotick revocations , and Aposiopetick restraints . I could have inserted Dialogismes ▪ displaying their Interrogatory part with communicatively-Pysmatick and Sustentative flourishes ; or Proleptically , with the refutative Schemes of Anticipation and Subjection : and that part which concerns the Responsory , with the figures of permission and concession . Speeches extending a matter beyond what it is , Auxetically , Digressively , Transititiously , by Ratiocination , Aetiology , Circumlocution ; and other wayes I could have made use of : as likewise with words diminishing the worth of a thing ▪ Tapinotically , Periphrastically , by rejection , translation , and other meanes , I could have served my self . There is neither definition Distribution , Epitrochism , Increment , Catacterism , Hypotyposis , or any Schem figurating a speech by reason of what is in the thing to our purpose thereby signified , that I needed to have omitted : nor , had I been so pleased , would I have past by the figurative expressions of what is without any thing of the matter in hand ; whether Paradigmatical , Iconical , Symbolical , by comparison , or any other kinde of Simile : or yet Paradoxical , Paramologetick , Paradiastolary , Antipophoretick , Cromatick , or any other way of figurating a speech by opposition , being formules of Oratory , whereby we subjoyn what is not expected ▪ confess something that can do us no harme ▪ yeeld to one of the members , that the other may be removed ; allow an argument , to oppose a stronger ; mixe praise with dispraise , and so forth through all manner of illustration and decorement of purposes by contrarieties , and repugnance . All those Figures and Tropes ▪ besides what are not here mentioned ( these Synecdochically standing for all , to shun the tediousness of a too prolixe enumeration ) I could have adhibited to the embellishment of this Tractate , had not the matter it self been more prevalent with me , then the superficial formality of a quaint discourse . I could have firreted out of Topick Celluls such variety of arguments tending to my purpose , and seconded them with so many divers refutations , confirmations , and Prosyllogistick deductions , as after the large manner of their several amplifications according to the rules of Art would , contexed together , have framed a book of a great quarto size , in an Arithmetical proportion of length to its other two Dimensions of bredth and thickness ; that is to say , its bredth should exceed the thickness thereof by the same number of inches and no more , that it is surpassed by the length ; in which considering the body thereof could be contained no less then seven quires of paper at least ; and yet notwithstanding this so great a bulk , I could have disposed the contents of its whole subjected matter so appositely into partitions , for facilitating an impression in the Readers memory , and presented it to the understanding in so sprucela garb , that spirits blest with leisure , and free from the urgency of serious employments , would happily have bestowed as liberally some few houres thereon , as on the perusal of a new-coined Romancy , or strange history of love-adventures . For although the figures and tropes above rehearsed seem in their actu signato ( as they signifie meer notional circumstances , affections , adjuncts , and dependences on words , to be a little Pedantical , and to the smooth touch of a delicate ear , somewhat harsh and scabrous : yet in their exerced act ( as they suppone for things reduplicatively as things in the first apprehension of the minde by them signified ) I could , even in far abstruser purposes , have so fitly adjusted them with apt and proper termes , and with such perspicuity couched them , as would have been suitable to the capacities of courtiers and young Ladies , whose tender hearing , for the most part , being more taken with the insinuating harmony of a well-concerted period , in its Isocoletick and parisonal members , then with the never-so-pithy a fancy of a learned subject , destitute of the Illustriousness of so Pathetick ornaments , will sooner convey perswasion to the interior faculties , from the ravishing assault of a well-disciplined diction , in a parade of curiosly-mustered words in their several ranks and files , then by the vigour and fierceness of never so many powerful squadrons of a promiscuously-digested elocution into bare Logical arguments : for the sweetness of their disposition is more easily gained by undermining passion , then storming reason ; and by the musick and Symmetry of a discourse in its external appurtenances , then by all the puissance imaginary of the ditty or purpose disclosed by it . But seeing the prime scope of this Treatise is to testifie my utmost endeavours to do all the service I can to Sir Thomas Vrquhart , both for the procuring of his liberty , and intreating the State , whose prisoner he is , to allow him the enjoyment of his own , lest by his thraldome and distress ( useful to no man ) the publick should be deprived of those excellent inventions , whose emission totally dependeth upon the grant of his enlargement and freedom in both estate and person : and that to a State which respecteth substance more then ceremony , the body more then the shadow , and solidity more then ostentation , it would argue great indiscretion in me , to become no other waies a suiter for that worthy gentleman then by emancipating my vein upon the full carreer of Rhetorical excursions , approving my self thereby like to those Navigators , Gunners , and Horsemen , who use more saile then ballast , more powder then ball , and employ the spur more then the bridle : Therefore is it , that laying aside all the considerations of those advantages and prerogatives a neat expression in fluent termes hath over the milder sexe and Miniard youth , and setting before my eyes the reverence and gravity of those supereminent men to whom my expectation of their non-refusal of my request hath emboldened me to make my addresses ; I hold it now expedient ( without further adoe ) to stop the current of my pen , and , in token of the duty I owe to him whose cause I here assert , to give way to his more literate and compleat elucubrations ; which that they may the sooner appear to the eyes of the world , for the advancement of both vertue and learning , I yet once more , and that most heartily , beseech the present State , Parliament , and supream Councel of great Britain , to vouchsafe unto the aforesaid Sir Thomas Vrquhart of Cromarty knight , heritable Sheriff and proprietary thereof , a grant of the releasement of his person from any imprisonment whereunto at the discretion of those that took his parole he is ingaged ; the possession likewise of his house of Cromarty free from garisoning , and the enjoyment of his whole estate in lands , without affecting it with any other either publick or private burthen then hath been of his own contracting , and that with the dignities thereto belonging of hereditary Sheriff-ship , patronage of the three Churches there , and Admiralty of the Seas betwixt Catness and Innernass inclusively ( with subordination nevertheless to the high Admiral of the land ) together with all the other priviledges and immunities , which , both in his person , and that of his predecessors , hath been from time to time accounted due by inheriitance to the house of Cromarty , and that for the love of the whole Island on which he offereth , in compensation , to bestow a benefit ( under pain of forfeiture of all he hath ) of ten times more worth . As this is my humble petition , so is it conform to the desires of all the best spirits of England , Scotland , Wales , and Ireland . Pity it were to refuse such , As ask but l●ttle , and give much . The List of those Scots mentioned in this book , who have been Generals abroad within these fifty yeers . Sir Patrick Ruven . Gen. Ruderford . Lord Spence . S. Alexander Lesly , Dux foederis . S. Alexander Lesly in Moscovy . James King. Marquis Lesly . Marquis Hamilton . The List of other Scotish Officers mentioned in in this Treatise , who were all Colonels abroad , and some of them General persons . Lieutenant Generals . David Lesly . S. James Livingstoun . William Bailif . Major Generals . Lodovick Lindsay . Robert Monro . Thomas Ker. S. David Drumond . S. James Lumsden . Robert Lumsden . S. John Hepburn . Lord James Dowglas . Watchtoun Hepburn . John Lesly . Colonels . Alexander Hamilton , General of the Artillery . Alexander Ramsay , Quarter-master General . Col. Anderson . Earl of Argyle . Col. Armestrong . Earl of Bacluch . S. James Balantine . S. William Balantine . S. David Balfour . S. Henry Balfour . Col. Boyd . Col. Brog . Col. Bruce . James Cockburne . Col. Colon. Lord Colvil . Alex. Crawford . Col. Crichtoun . Alex. Cuningam . George Cuningam . Robert Cuningam . William Cuningam . George Dowglas . Col. Dowglas . Col. Dowglas . Col. Edinton . Col. Edmond . Col. Erskin . Alex. Forbas . Alex. Forbas . Arthur Forbas . Fines Forbas . John Forbas . Lord Forbas . S. John Fulerton . Thomas Garne . Alex. Gordon . Alex. Gordon . John Gordon . Col. Gordon . S. Andrew Gray . William Gun. Col. Gun. S. Frederick Hamilton . James Hamilton . John Hamilton . Hugh Hamilton . S. Francis Henderson . S. John Henderson . Thomas Hume . Col. Hunter . Edward Johnston . James Johnston . William Johnston . S. John Innes . Earl of Iruin . William Keith . Jhon Kinindmond . Patrick Kinindmond . Thomas Kinindmond . William Kinindmond . Walter Lecky . Col. Lermond . Alex. Lesly . George Lesly . John Lesly . Robert Lesly . Col. Liddel . Andrew Lindsay . George Lindsay . Col. Litheo . Col. Livingstoun . Robert Lumsden . Col. Lyon. Col. Mathuson . S. John Meldrum . Assen Monro . Fowles Monro . Hector Monro . Obstel Monro . Col. Morison . S. Pat. Morray . Col. Mouat . Col. Ramsey . James Ramsey . Lord Reay . Col. Robertson . Col. Rower . Frances Ruven . John Ruven . L. Sancomb . Col. Sandilands . Robert Scot. James Seaton . James Seaton . S. John Seaton . William Sempil . Francis Sinclair . Col. Spang . James Spence . L. Spynay . Robert Stuart . Thomas Thomson . John Urquhart . Col. Wederburne . Col. Wilson . I Have not mentioned here Lieutenant General John Midletoun , Lieutenant General Sir William Balfour , nor General Major Sir George Monro , &c. because they returned from the forraign countryes , where they did officiate ( though in places over both horse and foot of great concernment ) before they had obtained the charge of Colonels . As for pricking down into colums those other Scots in my book renowned for literature and personal valour , I held it not expedient ; for that the sum of them doth fall so far short of the number I have omitted , that proportioned to the aggregate of all who in that Nation , since the yeer 1650. ( without reckoning any intrusted in military employments , either at home or abroad ) have deserved praise in Armes and Arts , joyntly or dis-junctively , it would bear the Analogy ( to use a lesser definite for a greater indefinite ) of a subnovitripartient eights ; that is to say in plain English , the whole being the Dividend , and my Nomenclature the Divisor , the quotient would be nine , with a fraction of three eights : or yet more clearly , as the Proportion of 72. to 675. FINIS . 
B04677	----	Caledonia triumphans: a panegyrick to the King. Pennecuik, Alexander, 1652-1722. 1699 Approx. 8 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B04677 Wing P1395B ESTC R187054 52614828 ocm 52614828 176019 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04677) Transcribed from: (Early English Books Online ; image set 176019) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2759:1) Caledonia triumphans: a panegyrick to the King. Pennecuik, Alexander, 1652-1722. 1 sheet ([1] p.). s.n., [Edinburgh : 1699?] Caption title. Attributed to Pennecuik by Wing (2nd ed.). Place and date of publication suggested by Wing (2nd ed.). Imperfect: cropped, tightly bound with loss of text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). 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Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- III, -- King of England, 1650-1702 -- Poetry -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Poetry -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Triumphans . A PANEGYRICK 〈◊〉 the KING . ●Hrice mighty PRINCE , 〈◊〉 by thy Birth , Bellona's Glory : Splendor of the Earth . 〈…〉 der of Brav'ry , and of charming Parts , 〈…〉 t Conquerour of Kingdoms and of Hearts , ●he fam'd Hero's in our Age that be , 〈…〉 e lose their Lustre , when compar'd with Thee . 〈…〉 ed Peace-maker in our Bloody Wars , 〈…〉 e Reconciler of Intestine Jarrs . 〈◊〉 Martial THISTLE budds , and no more withers , 〈◊〉 fragrant ROSE it's Scent again recovers . 〈◊〉 HARP is tun'd : And valiant SIR , to Thee , 〈◊〉 Conquering LILLIES bow and humbled be . 〈◊〉 Ballance of all Europe SIR , is Your's , 〈◊〉 Help and Shelter of oppressed Powers . 〈◊〉 Mortal in his Veins bears nobler Blood , 〈…〉 ng from a Race , both Ancient , Great and Good , 〈…〉 nders of our faith , to Pop'ry Foes , 〈◊〉 Holland , Fla●ders , and all Europe knows . 〈◊〉 ●appy ORANGE-TREE , both Branch and Root , 〈◊〉 hath blest Brittan with such cordial Fruit , 〈◊〉 those that in the Northern World do dwell , 〈◊〉 much refreshed by the very Smell . ●●●ch perfumes all our European Costs , ●●●●ugh Boreas Blasts and Hyperborean Frosts . 〈◊〉 our own Thule , and the Orkney Isles , 〈…〉 ound cold Russia many thousand Miles . 〈◊〉 rare Accomplishments that shine in You , 〈…〉 s CALEDONIA thus her Case renew . ●ow if Great SIR , you list to lend an Ear , 〈◊〉 a far Countrey , joyful News we hear , 〈…〉 rus gently blows , and Whistling , Sings , 〈◊〉 my sweet Gales , delicious Tydings brings . 〈◊〉 of November , that auspicious Day , 〈◊〉 valiant SCOTS their Colours did display , ●he Western world , where they did meet , ●●●●sands of Welcomes prostrat at their Feet . 〈…〉 Soveraign Director was their Guide , 〈…〉 ne them favour'd ; Earth , Seas , Wind and Tyde . 〈◊〉 Natives made their Joyes ring to the Skyes , 〈◊〉 them ador'd as Demi-deitys . 〈◊〉 harmless Heathens , whom through time we vow , 〈…〉 ain good Subjects both to GOD and You. ANDREW our first Tutelar was he , VNICORN , must next Supporter be , CALEDONIA doth bring up the Rear , 〈…〉 ht with brave hardy Ladds , and void of Fear ; ●●lendedly equpit , and to the Three , Endeavour and Dolphin Hand-maids be , 〈◊〉 to these Praises , this Addition have , ●njuries they 'l give , nor yet receive . Ships and Men commanded Sir , it 's true , ●aptains both of Sense and Honour too . 〈◊〉 are these Youths the Scum of this our Land , 〈…〉 n effect , a brave and generous Band. 〈…〉 t'd with thirst of Fame , and sound to have , 〈…〉 s upon the Marbles of their Grave . ●hough that hundreds in that Train do come , ●●●se Vertues are eclipst with want at Home . 〈◊〉 ●ere their Means but equal to their Mind , 〈◊〉 the World you should not braver find . ●o allay Youths rash unwary Deeds , 〈◊〉 have their orders sent from elder Heads . 〈◊〉 wise Senat , who Consult and Vote , 〈◊〉 is the Companys Int'rest , and what not . 〈…〉 ding Fertile Fields and Golden Mountains , 〈…〉 th 〈…〉 with clear 〈◊〉 〈…〉 ristal Fountains ; Rivers , safe Bayes , variety of Plants ▪ And useful Trees which our old Brittain wants . Here grows the Nicaragua Manchionell , Vannileos also , that perfumes so well . Our sable night is gone , the day is won , The SCOTS are follow'd with the RISING-SVN . The Ev'ning crowns the Day , and what remains ? Old ALBANY its antient Fame regains . FERGVS 1st . Your brave Ancestor gave the Scots of old FERGVS 1st . A Lyon rampant in a field of Gold. When he our Coat-Armorial did dispense . Which now is ours , in a true literal Sense . And can our Breasts such swelling Joys contain , WlLLIAM the Lyon rules the SCOTS again : A Nation who with hearts , with hands and head , Will serve you , Soveraign Sir , in time of need . Warlike Gaustavus , and Great Charl le maigne , Did ne're employ our Martial swords in vain . The Brittons , Romans , Saxons and the Danes , Did all Invade Us , but with fruitless Pains . The treach'rous Picts did oft attempt the same ; But for Reward , lost Countrey , Life and Name . The noble Race of Douglass did excell In Military Glory , all can tell At Home , and Forraign Shoars , yea , ever still , Of all the Sirname , very few prove ill . The antient Grahams are brave , ●●d all confess , True to their Sov'raigns , chiefly in distress . The Danes who made our neighb'ring Nation Slaves ; Found here the Hays who beat them to their G●ave Kind Mantua hath never yet forgot Rare Creighton , call'd the Admirable Scot , Whose life shews him a Miracle of Men : As it is drawn by an Italian Pen. Wallace and Bruce , I shall not now rehearse Lest I offend you , Sir , with tedious Verse . And hundreds more of undenyed Fame , For Arts and Arms , whom I forbear to name : And as our Valour flew all Europe round , So now our Trade scarce both the Poles shall bound . If You but own us , Mighty Sir , and then No Devils we fear , nor yet malicious Men. What humane Counter-plot can marr the thing , That is protected by Great-Brittains King. Our Claim is just : and so we value not The Brags of Spain , nor Thundrings of the Pope , Who may well threaten ; Yet Don dare not fight , When he minds ' DARIEN , and old Eighty eight . Their Cruelties were Catholick indeed , Not Christian , to poor Indians and their Seed , But those they call Hereticks of our Nation , We hope will shew a meeker Reformation , Nor shall insulting Neighbours henceforth taunt The gen'rous SCOTS , for Poverty and Want. Our ships through all the World shal go and come , Even from the Rising to the Setting Sun. Then shall we from the genuine Spring command , What now we truckle at a second hand . And we shall flourish by your Royal Rays , With Honour , Riches , and old Nestors days : And ever bless our GOD , and praise our KING , And CALEDONIA's Triumphs gladly sing . No mercenary thoughts , or base design Of servile Flatt'ry , made th 〈…〉 Verse● 
B04678	----	To his highness the Prince of Orange. The humble address and supplication of the parishioners and inhabitants of the famous town of Linton Submetrapolitan of Tiviotdale. Pennecuik, Alexander, 1652-1722. 1689 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B04678 Wing P1396A ESTC R181639 52614829 ocm 52614829 176020 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04678) Transcribed from: (Early English Books Online ; image set 176020) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2759:2) To his highness the Prince of Orange. The humble address and supplication of the parishioners and inhabitants of the famous town of Linton Submetrapolitan of Tiviotdale. Pennecuik, Alexander, 1652-1722. 1 sheet ([1] p.) s.n., [Glasgow? : 1689] Caption title. In verse. Imperfect: creased, with some loss of text. Attributed to Alexander Pennecuik by Wing (2nd ed.). Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng William -- III, -- King of England, 1650-1702 -- Poetry -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Poetry -- Early works to 1800. Broadsides -- Scotland -- 17th century 2008-04 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion To His HIGHNESS the Prince of Orange , The Humble ADDRESS and SUPPLICATION of the PARISHONERS and INHABITANTS Of the Famous TOWN of LINTON SUBMETRAPOLITAN of TIVIOTDALE . PROLOGUE VIctorious SIR , still faithful to thy Word , Who Conquer more by Kindness then by Sword , As thy Ancestors brave with matchless Vigor Caus'd Hogen Mogon make so great a Figure . So Thou that art great Britains only Moyses ; To guard our Ancient Thirstle with the Roses : The discords of the Haro , in tune to bring And crub the pride of Lillies in the Spring . Permit , Great SIR , poor Us amongst the Press In humble terms , to make this blunt Address ; In Linton Verse , for as your Highness knows You have good store of Nonesense else in Prose . SIR , first of all that it may please Your Highness to give Us an ease , Of our Oppressions more or less , Especially that Knave the Cess . And Poverty for Pity crys To modifie our dear Excise : It You 'l not trust Us when we say 't , Faith , SIR . We are not able to pay 't : Which makes Us sigh when we should sleep , And fast when We should go to Meat : Ye● scarce can get it when to borrow , Yet drink we must to ●●●cken sorrow , For this our Grief , SIR , makes Us now Sleep seldom sound till We be fow . SIR , Let no needless Forces stand , To plague this poor , but valiant Land. And let no Rhetorick procure Pensions only but to the Poor . That Spendthrist Courtiers get no share To make the King's Exchequer bare . Then Valiant SIR , We beg at large , You will free Quarters quite discharge . We dwell upon the King 's high Street , And scarce a day we miss some Cheat. For Horse and Foot when they come by , SIR , be they Hungry , Cold or Dry ; They Eat and Drink , and burn our Peats ▪ With feind a Farthing in their Breicks . Destroy our Hey , and press our Horse , Whiles break our Head's and that is worse Consume both Men and Horses Meat , And make both Wives and Bairns to greit , By what is said your Highness may Judge if two Stipends we can pay : And therefore if You wish us well You must with all speed Reconcile ; Two Jangling Sons of the same Mother , Elliot and Hay with one another ; Pardon Us , SIR , for all Your Witt , I fear that prove a kittle Putt . Which tho' the wiser Sort condole , Our Linton Wives still blow the Coal ; And Women here as well we ken , Would have Us all John Thomsons Men. Therefore , dear SIR , e're You be gone , Cast Kirk and Meeting-House in one ; Whose mutual Charities are as scant As Papists is to Protestant . SIR , it was said ere I was born , Who blows best bears away the Horn ; And he that Lives and Preaches best Should win the Pulpit from the rest . The next Petition that We make , Is that for brave Old Teviots sake , Who had great Kindness for this Place , You 'l move the Duke our Masters Grace ; To put a Knock upon our Steeple , To shew the Hours to Countrey People : For We that live into the Town , Our sight grows dim by Sun go down . And charge , SIR , our Street to mend , And Cassey it from end to end . Pay but the Workmen for their pains , And we will joyntly lead the Stones In ease your Highness put him to it , The Mercat Customs well may do it , As for himself he is not rash , Because he wants the ready Cash ; For if your Highness for some Reasons , Should honour Linton with your Presence ; Your milk white Pelfrey would turn brown , E're you ryde half but throw the Town . And that would put upon our Name , A blot of everlasting Shame Who are reputed Honest Fellows , And stout as ever William Wallace . Lastly , Great SIR , discharge us all . To go to Court without a Call. Discharge Laird Gifferd and Hog Yards , James Dowglas and our Linton Lairds ; Old William Younger and Geordy Purdy , Laird Giffoord , Scroges , and little Swordie And English Andrew , who has skill , To Knap at every word so well . Let Kingside stay for the Town-Head , Till that old Peevish Wife be Dead ; And that they go on no pretence , To put this Place to great Expence . Nor yet shall contribute their share , To any who are going there . To strive to be the greatest Minione Or plead for this , or that Opinion If we have any things to spair , Poor Widows they should be our Care : The Fatherless , the Blind , the Lame , That Sterve , and to Beg think shame . So Fare-well , SIR , here is no Treason But wealth of Ryme and part of Reason . And for to save some needless Coast , We send this our Address by Post . EPILOGUE . THrice Noble ORANGE , Bless'd be the Time , Such fair Fruit prosper'd in our Northren Clime : Whose Sweet and Cordial Joyce affoords us Matter , And Sauce to make our Capons eat the better . Long may Thou thrive and still thy Arms Advance , Till England send an Orange into France : Well guarded thorrow proud Neptun's Wawes , and then What 's sweet to us , may prove sour Sauce to them . As England does , so Caledonia boasts , She 'l Fight with Orange for the Lord of Hosts . And tho' the Tyrrant hath unsheath'd his Sword , Fy fear him not , he never keep 't his word . 
B04692	----	At the General-Sessions of the Peace, held at St. Johnstone the first Tuesday of May, 1656. / By his highness the Lord Protectors Justices of Peace for Perth-shire. Perthshire (Scotland). Justices of the Peace This text is an enriched version of the TCP digital transcription B04692 of text R181696 in the English Short Title Catalog (Wing P1672A). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 12 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B04692 Wing P1672A ESTC R181696 52614834 ocm 52614834 176024 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B04692) Transcribed from: (Early English Books Online ; image set 176024) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2759:6) At the General-Sessions of the Peace, held at St. Johnstone the first Tuesday of May, 1656. / By his highness the Lord Protectors Justices of Peace for Perth-shire. Perthshire (Scotland). Justices of the Peace 1 sheet ([1] p.) Printed by Christopher Higgins ..., Edinburgh : 1656. Caption title. Reproduction of original in: National Library of Scotland. eng Justices of the peace -- Scotland -- Perthshire -- Early works to 1800. Law -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Great Britain -- History -- Commonwealth and Protectorate, 1649-1660 -- Early works to 1800. Broadsides -- Scotland -- 17th century. B04692 R181696 (Wing P1672A). civilwar no At the general-sessions of the peace, held at St. Johnstone the first Tuesday of May, 1656. By His Highnesse the Lord Protectors Justices of [no entry] 1656 2012 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-04 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-06 Judith Siefring Sampled and proofread 2008-06 Judith Siefring Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion At the General-Sessions of the PEACE , held at St. Johnstone the first Tuesday of May , 1656. By his Highnesse the Lord Protectors JUSTICES of PEACE for PERTH-SHIRE . THe Justices of his Highnesse Peace for the said Shire , in pursuance of that Trust reposed in them for on carrying , preserving and maintaining the Peace there , do judge it their duty to make the Acts and Resolutions of this and the former Sessions known to all the Shire , that such as transgresse , and commonly plead ignorance , may be inexcusable . And because provoking Sins undetected and punished will undoubtedly prove a continual trouble of our Peace . Therefore it is Ordained , That the Clerks of the Kirk-Sessions of ilk Paroch within the Shire , in all time coming , aswell as since the first of January , 1651. give a true Extract to the Clerk of the Peace , of the Names of all Persons in the Paroch convict of Blasphemy , Incest , Adultery , Fornication , Swearing or Cursing , Breach of the Sabbath , Reproaching or mocking of Piety , Drunkennesse , Tipling or such like Crimes , That every Transgressor since that time , who hath not been censured conform to the Instructions by the Judicatories competent , may be punished , and such wickednesse ; supprest and crusht for the future . That the Overseers ( who are to be the most pious and understanding men in the Paroch ) and Constables , give up to the Clerk of the Peace a List of every Alehouse-keeper who sell Ale or Strong waters , &c. at unlawful times , or who keep not good order in their houses , or who harbour or entertain lewd , profane , or idle men or women , sturdy Beggars , Tinkers , Gamsters , or masterless people ; that all such Ale-sellers , &c. may be punished as the cause requires . That all persons who are not in present service with a Master , or who are not Land-labourers , or who have not a Trade , Calling , or Revenue to maintain them ; be reputed Vagabonds , and their Names sent by the Overseers and Constables in ilk Paroch , to the next Justice , or to the Clerk of the Peace , that they may be presently punished as such . That no Housekeeper whatsoever , recept , harbour , give or send entertainment to any Vagabond , Thief , Gypsie , unknown and suspect person , under the pains and penalties contained in the Acts of Parliament anent Resetters . That if any Paroch wherein a Robbery is committed , do not answer the Hue and Cry raised on committing thereof , and follow the Constable on the pursuit till he return , such Paroch shall be liable in payment of the Robbery . That all Overseers take strict care not only to put all such Beggars or poor people who belong not to the Paroch , and want a sufficient Passe or Testimonial out of the Paroch , But also to keep all such out , by sending such as return , to Prison ; and presenting those who either harbour or give them any entertainment , that they may be punished therefore . That no person make any Linnen-Cloath to sell under an Ell in breadth , if the price of the Ell be above ten shillings ; And under three quarters in breadth , if the price of the Ell be under ten shillings : And that no person bleitch any Linnen with Lime , under the pain of forfeiting all the Cloath of lesse breadth , or so bleitch't : The one half whereof to any who after Midsummer 1656. discovers the same . That no person take Salmond , or their Fry , with an Angle-wand in another mans Waters , without the owners leave , under six pound Scots ilk fault . That as the General-Sessions for the Peace are to be kept the first Tuesdayes of February , May , August , and the last Tuesday of October yearly ; So , special Sessions are to be kept in ilk Sub-division of the Shire , The first Tuesdayes of March , June , September and December yearly , where all differences betwixt Masters and Servants , and such other things as may be judged out of the General-Sessions will be determined ; And every Master who rests any Fee to his Servant , will at the General Sessions be compelled to pay the same , if the Servant sue therefore . That during the scarsity of Money and cheapnesse of Victual , no person give or take more Fee or Wages then what is after-specified , To wit , A common able Man-servant , nine Merks Scots termly , with a pair of double-soal'd Shoes , two Ells of Scots Grays , and three Ell of Hardin , as his Bounteth ; or in stead therof , one pound four shillings for the shoes , one pound four shillings for the Hardin , and one pound sixteen shilling for the Grays . A common able Lad-servant , four Merk and a half termly , with the like Bounteth , or Money proportionably therefore . A common able Woman-servant , four Merk and a half termly , with a pair of double-soal'd Shoes , three ell of Plaiding , three ell of Hardin , and one ell of Linnen , as her Bounteth ; or in stead thereof one pound for her Shoes , one pound seven shillings for the Plaiding , one pound four shillings for the Harden , and twelve shillings for the Linnen . A common able Lasse-servant is to have two Merk and fourty penies termly , with the like Bounteth , or Money proportionably therefore . The Harvest-fee of the able Man shearer is not to exceed six pound , or six shillings ilk dayes work : And the able Woman-shearer four pound , or four shillings for ilk dayes work . That all Servants give their Masters a quarters warning before their removal ; And that no Servant pane out of , or come in to any Paroch , without a Testimonial under the Minister and Overseers hands of the Paroch where they last dwelt , under the pain of being punished as Vagabonds , besides fining their Resetters . That no Servant leave his Master at the Whitsundayes Term , if his Master be willing to keep him till the Mertimasse following upon the former Terms conditions , unlesse such Servant show lawful cause for his departure , to some uninterested Justice in that Division where he dwelleth . Shomakers are not to exceed two shillings six penies the Inch of measure for the pair of double-sol'd Shoes from eight Inches upward ; And two shillings the Inch from eight Inches downward : And for the pair of single-soal'd Shoes , one shilling six penies the Inch above eight Inches of measure ; and one shilling four penies the Inch from eight Inches downward : Providing alwayes the Leather be well tann'd , and the Shoes sufficient Mercat ware . Weavers are to weave ilk Ell of Linnen , for one peny half-peny out of ilk twelvepence that the Ell of green Linnen is worth : Plaiding for an half-peny the Ell , with a peck of Meal to the stone : Grays and Secking for twelve penies the Ell : Tycking and Dornock Napery for two shillings the Ell ; And Dornock Table-Cloath for four shillings the Ell. Wackers are to take for the ell of Hosen , one shilling four penies only : And for ilk ell of Grays or Plaiding , four penies the ell only , and no more . Masons , Slaters , and Wrights , are not to exceed a Merk Scots without , and half a Merk with meat , for the dayes work , from March first to October first ; And thereafter to abate in their dayes Hire proportionably , except they work with Candle-light . Taylors and Shoe-makers are not to exceed four shillings a day and their meat , when they work abroad for daily hire . Malt-makers are not to take above one peck of Malt for making the Boll of Beer in Malt. Makers of Peny-Bridals are not to exceed eight shillings a-piece for the ordinary of ilk Man and ilk Woman , at Dinner or Supper . That as thir Rates , Fees and Prices , &c. are not intended in the prejudice of those Masters who usually hire their Servants , and have their Work wrought cheaper ; so all other persons are to conform themselves to the foresaid Prices , under the pain of paying a Terms Fee , or ten dayes Hire , the one half to the Discoverer , and the other half to Prisoners and the Poor in the Paroch . That the Constables at ilk general Sessions faithfully present all Contraveeners of any of the above-written Acts ; All Forestallers or Regraters ; All keepers of , or sellers with false Weights , Mets or Measures ; And all other Misdemeanors that shall come to their knowledge betwixt the Sessions . That whatever person assists not the Paroch-Constables in executing their Offices ; And whatever Constable , Overseer , or other person assists not , and gives obedience to the High-Constable of ilk of their Sub-divisions , in the execution of any Orders of Session directed to him , shall be imprisoned and fined as the Justices think fit . That all Overseers give notice to the next Justice in that Division where he dwelleth , before the first of June yearly , of such Highwayes or Bridges within the Paroch as are out of repair , or fit to be made , that the same may be mended and made that summer , as the special Sessions the first Tuesday of June shall direct , under the pain of six pound Scots for ilk failye . That any person who shall inform against the Breakers of any of the above-written Acts , and make it appear that the person or persons informed against , are guilty , shall be sufficiently rewarded for ilk Discovery : And if it be made appear that any Constable or Overseer shall connive at , or compound with any Transgressor of the foresaid Acts , such Constables and Overseers shall be forthwith imprisoned , and fined , as the Justices think meet . That as the Dues of the Clerk of the Peace here , are not to exceed those of the Clerks of the Peace of Mid-lowthian and Fise-shires : So the Dues of the Justices Clerks here are only : For all the Recognizances written in one Action , twelve shillings Scots , payable by the party succumber : For all Warrants or Summons to compear anent one Action , six shillings only , payable by the party aforesaid : For writing ilk Witnesses Deposition , two shillings , payable by the party aforesaid : For every Absolvitor before a particular Justice , six shillings : And for every Mittimus , eight shillings Scots . That Correspondence be kept with our neighbour Shires , for the joynt oncarrying of the Work of the Peace , and punishing all Contraveeners of the Acts and Ordinances made in any of the said Shires . That the Constables cause read thir Presents at every Paroch Kirk in the Shire , after the first Sermon ; and thereafter affix and set up the same on the most patent Door thereof . Extracted out of the Registers for the Peace of Perth-shire . By ROBERT ANDREWS , Clerk of the Peace . EDINBVRGH , Printed by Christopher Higgins , in Harts-Close , over against the Trone-Church , 1656. 
B05291	----	Act and intimation, anent this currant Parliament. Edinburgh, October 11. 1694. Scotland. Privy Council. 1694 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05291 Wing S1388 ESTC R226037 52528891 ocm 52528891 178911 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05291) Transcribed from: (Early English Books Online ; image set 178911) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:50) Act and intimation, anent this currant Parliament. Edinburgh, October 11. 1694. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom 1694. Caption title. Royal arms at head of text. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT and INTIMATION , Anent this Currant Parliament . Edinburgh , October 11. 1694. THE Lords of Their Majesties Privy Council Considering , that where the present Currant Parliament was by Their Majesties last Proclamation thereanent , Adjourned to the Twenty fifth day of October instant : And His Majesty being now abroad forth of His Kingdoms , hath not as yet signified His pleasure , either by sending a Commissioner for holding thereof at the said day , nor His Royal Order for Adjourning the same to a further day : And seing that both by the Nature of the High Court of Parliament , and by express Acts of Parliament , Parliaments are Currant , without the necessity of an express Continuation untill they be Dissolved by Their Majesties express Warrand , whose sole Prerogative it is to Dissolve , as well as to Call , Hold , and Prorogue the same . Therefore the saids Lords of Their Majesties Privy Council , in expectation of Their Majesties express Orders , and to prevent the unnecessary trouble of the Members , and other good Subjects who may be concerned to repair to the Meeting of Parliament ; Have thought fit to Ordain Intimation to be made , that all Members of Parliament be ready to meet and attend in this Currant Parliament , so soon as Their Majesties Will and Pleasure shall be signified to them for that effect : And that none may pretend ignorance , Ordains these presents to be Printed , and to be Published at the Mercat-Cross of Edinburgh by the Lyon King at Arms , and his Brethren Heraulds an● Pursevants , and at the whole Mercat-Crosses of the remanent Head-Burghs of the several Shires within this Kingdom , by Macers or Messengers . Per Actum Dominorum Secreti Concilii . GILB . ELIOT Cls. Sti. Concilii . GOD save King VVilliam and Queen Mary . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to Their most Excellent Majesties , Anno Dom. 1694. 
A45112	----	The history of the houses of Douglas and Angus written by Master David Hume ... Hume, David, 1560?-1630? 1643 Approx. 1541 KB of XML-encoded text transcribed from 235 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A45112 Wing H3658 ESTC R398 13650797 ocm 13650797 100982 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A45112) Transcribed from: (Early English Books Online ; image set 100982) Images scanned from microfilm: (Early English books, 1641-1700 ; 791:37) The history of the houses of Douglas and Angus written by Master David Hume ... Hume, David, 1560?-1630? [18], 440 p. Printed by Evan Tyler ..., Edinburgh : 1643-1644. Caption title: The history of the hovse and race of Douglas and Angus. Second part has special t.p.: The second part of The history of the Douglasses : containing the House of Angus. 1643. Errata: p. 440. Reproduction of original in Huntington Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. 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Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Douglas family -- History. Angus, Earls of -- History. Nobility -- Scotland -- Biography. Scotland -- History. 2002-09 TCP Assigned for keying and markup 2002-10 Apex CoVantage Keyed and coded from ProQuest page images 2002-11 Judith Siefring Sampled and proofread 2002-11 Judith Siefring Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion THE HISTORY OF THE HOUSES OF DOUGLAS AND ANGUS . Written by Master DAVID HUME of GODSCROFT . EDINBURGH , Printed by EVAN TYLER , Printer to the Kings most Excellent Majestie . 1644. The Authour to the Reader . I Know ( Reader ) that he who undertakes to write , makes himself a mark of censure for men to level at . For to please all men , shall then only be possible , when all men shal be of one minde ; til then , we look for as many dislikings , as there is diversities of opinions , each man condemning what is not according to his own humour and palate . Some will storm or scorn ( perhaps ) our writing as an un-necessary scribling , and paper blurring : others will quarrell at the subject , that we should write a History ; others that such , so composed , and formal of a private family , with such commendation . Again , some will accuse us of partiality ; and some will even question the truth of it . Neither will there bee wanting such as will blame the forme and fashion of the work , as too short , or too long ; and many ( I doubt not ) will carp at the Stile , the Phrase , the Periods , the Diction and Language . In all these particulars , to satisfie all men , is more then we can hope for : yet thus much shortly of each of them , to such as will give eare to reason : That I write , and of this subject , I am constrained to do it ; not by any violence or compulsion , but by the force of duty , as I take it : for being desired to do it by those I would not refuse , I thought my self bound to honour that name , and in , and by it , our King & Countrey . And so I have done what I can , & should have been glad to have done more , if it had lyen in my power . As for the writing of a History I could never have dreamed that I should have needed to make Apologie for it : neither did I ever hear it accounted prophane , till I had done . Then by chance I lighted on a certain Authour who excuseth himself for so doing , and promiseth to doe so no more . It may be neither shall I. Yet dare I not promise so much : neither see I any reason why I should : for if by profane , they mean that History maketh men profane , and leadeth to profanitie and atheisme ; then certainly we may justly say , that it is nothing lesse . For in it we see and behold , as in a Glasse , Gods Providence guiding and ruling the World , and mens actions , which arrive often to unexpected events , and sometimes even to such ends as are quite contrary to the Actors intentions . In History also we see men , and our selves in them , our vertues or vices , which is the second point of wisdom : this leads us also to God. But if ( by profane ) they mean whatsoever is not Scripture , and would have men to read and write nothing but what belongs unto it ; then must we condemne all humane learning & knowledge , all Arts and Sciences , which are the blessings of God , and in which Moses and Paul were trained up , and well seen . It is true , there is no knowledge comparable to that of holy Scripture , and we cannot be too conversant about it ; yet there is no kind of knowledge but is usefull , & may and ought to be esteemed and embraced ▪ Our last end should ever be to God and Christ : but to speak alwayes of him directly , is neither required nor possible . As he is the end , so the way to this end is by speaking of him , or of things which may lead us to him : yet is it not necessary at all times to speak of such things professedly as lead us that way . He is our end in himself , and for himself , and happy were we if in him we could terminate all our desires . Vertue leads to him , and is to be embraced as such : but to obtrude it at first for that consideration , and on that respect , it may be doubted whether or not that be alwayes the right Method and best way of proceeding . The other may happen to prove more available with some , which is , to learne first to be enamoured & to love honour ; then vertue for honour ; then vertue for it self ; then to account nothing vertue without God , who not being to be found but in Christ , must needs be sought for above all things . Now History is , as it were , the A B C. of this Method , and the beautifull Picture ; by looking on which , our desire of honour is kindled , and so of vertue , which onely brings true honour with it . Neither is it needfull to proclaim this intention to the world : yea , I know not whether to say thus much be not even too much . It is enough to set the object before them , and to furnish them matter for their thoughts to work upon : as for the measure of praise wee give them , if after thou hast read and weighed , thou shalt think it too much , all that I can say , is , that I think it but their due , and speak as I think , & according to the scantling of my own judgment . Touching partiality , I deny it not , but am content to acknowledge , my interest . Neither do I think that ever any man did set pen to paper without some particular relation of Kindred , Countrey , or such like . The Romanes in writing the Romane , the Grecians in writing their Greek Histories ; friends writing to , of , or for friends , may be thought partiall as Countrey-men and friends . The vertuous may be deemed to be partiall toward the vertuous , and the godly toward the godly and religious : All Writers have some such respect , which is a kinde of partiality . I do not refuse to be thought to have some , or all of these respects , and I hope none wil think I do amisse in having them . Pleasing of men , I am so farre from shunning of it , that it is my chief end and scope : But let it please them to be pleased with vertue , otherwise they shal find nothing here to please them . If thou findest any thing here besides , blame me boldly . And why should any be displeased that wil be pleased with it ? would to God I could so please the world , I should never displease any . But if either of these ( partiality or desire to please ) carry me besides the truth ; then shall I confesse my self guilty , and esteem these as great faults , as it is faultie and blame-worthy to forsake the truth . But otherwise so the truth be stuck unto , there is no hurt in partiality and labouring to please . And as for truth , clip not , nor champ not my words ( as some have done elsewhere ) and I beleeve the worst affected will not charge mee with lying . I have ever sought the truth in all things carefully , and even here also , and that painfully in every point : where I find it assured , I have set it down confidently ; where I thought there was some reason to doubt , I tell my Authour : So that if I deceive , it is my self I deceive , and not thee ; for I hide nothing from thee , that I my self know , and as I know it ; leaving place to thee , if thou knowest more or better . Which if thou doest , impart and communicate it ; for so thou shouldest do , and so is truth brought to light , which else would lye hid and buried . My paines and travel in it have been greater then every one would think , in correcting my errours ; thine will not bee so much . And both of us may furnish matter for a third man to finde out the truth more exactly , than either of us hath yet done . Help therefore , but carp not . Concerning the manner & form , this is partly the cause why I have used this , which I do here follow , that all things being laid open , & exposed to thy view , thou mayest have to choose on , or to finde somewhat of thine own ; & where I could not resolve a doubt , thou mayest see it , and have some mean ( perhaps ) to solve it better . I have also in many places interposed my judgement of mens actions : I think it the life of History , & without which it were little better , than an old wifes tale . It is true , it were not so needfull . if all men were alike judicious : but seeing they are not so , it is absolutely necessary ; that so those who read carelesly and sleepingly may bee awaked ; who minde onely pleasure , may have profit thrust upon them ; that the dull may be quickned , and the judicious have his judgement sharpened , and a finer edge put upon it , by this whet-stone . I know there are that think otherwise , and that all should be left to the collection and discretion of the Reader : But this is my opinion , and I know no Writer of note , or account , but interposeth his censure of things . What name you give this piece , I am very indifferent ; Call it History , Chronicle , Comentarie , Annals , Journal lives , or ( if you please ) discourses or exercitations , it matters not much . Let who will , for me , define , divide , and dispute of the nature , of the bounds and Marches of Airts , and writings , and of their Lawes , this kinde is my lot or choice at this time . For the same cause or reason ( that men may not take any thing upon meer trust , I sift the judgment of others , and am content that thou likewise canvase mine . I do it without partiality , or respecting any mans person : though otherwise , and in other things I reverence them never so much , yet I cannot but respect reason more : where they bring not that strong enough to satisfie , I do not conceale or dissemble it , I do not refuse the same measure from others : if thou doest not like my reason , reject it , but let reason be thy rule , for it is mine according to my capacity . For the Language it is my Mother-tongue , that is , Scottish : and why not , to Scottish-men ? Why should I contemne it ? I never thought the difference so great , as that by seeking to speak English , I would hazard the imputation of affectation . Every tongue hath the own vertue and grace . Some are more substantiall , others more ornate and succinct . They have also their own defects and faultinesse , some are harsh , some are effeminate , some are rude , some affectate and swelling . The Romanes spake from their heart , The Grecians with their lips only , and their ordinary speech was complements ; especially the Asiatick Greeks did use a loose and blown kinde of phrase . And who is there that keeps that golden mean ? For my own part , I like our own , & he that writes well in it , writes well enough to me . Yet I have yeelded somewhat to the tyrannie of custome , and the times , not seeking curiously for words , but taking them as they came to hand . I acknowledge also my fault ( if it be a fault ) that I ever accounted it a mean study , and of no great commendation to learn to write , or to speak English , and have loved better to bestow my pains and time on forreigne Languages , esteeming it but a Dialect of our own , and that ( perhaps ) more corrupt . I say the same of the Stile : I follow no rules , but according to my disposition for the time , so it is high or low , long or short , sweet or sharp , as was my humour for that houre . As in Poesie , so in Prose ; who can choose ? Or how many are there that care for these things , or can discern ? The Age is too secure for Writers to be too curious . And thus much shall suffice to have spoken of these things , and to satisfie ( I hope ) the candide Reader . As for those who delight to carp , we say no more to them , but onely this , That as they take a libertie to themselves to judge others , so there will bee found some that will pay them home in their own coyne . Farewell . A CATALOGUE OF THE Lives contained in this History . PART . I. Of the House of DOUGLAS . 1. SHolto fol. 1. 2. William , father of the Scoti in Italy . 5. 3. William the first Lord , created at the Parliament of Forfair . 10. 4. John the second Lord. 11. 5. William the third Lord. 12. 6. Archbald the fourth Lord. ibid. 7. William , maker of the Indenture with the Lord Abernethie . ibid. 8. Hugh , whom his foes found never sleeping . 15. 9. William the Hardic . 16. 10. Good Sir James , slain in Spain . 20. 11. Archbald Lord Galloway , slain at Halidoun . 53. 12. Hugh the ninth Lord. ibid. 13. William Lord Liddisdale , the flower of Chivalry . 62. 14. William the first Earle . 79. 15. James , slain at Otterburne . 92. 16. William Lord Nithsdale . 108. 17. Grimme Archbald . 111. 18. Archbald Tine-man . 114. 19. Archbald Earle of Wigton . 133. 20. William , slain in Edinburgh Castle . 144. 21. Grosse James . 157. 22. William , slain in Stirlin . 161. 23. James put into Lindores . 194. PART . II. Of the House of ANGUS . OF the House of Angus before it came to the name of Douglas . 205 , 1. William Earle of Douglas , and Angus . 207. 2. George his son . 208. 3. William . 209. 4. James . 210. 5. George the second . ibid. 6. Archbald , called Bell the Cat. 219. Of George Master of Angus , and son to Archbald the first . 237. 7. Archbald that married the Queen . 238. 8. David . 277. 9. James , Earle Morton , Regent . 278. 10. Archbald the third , called good Earle Archbald . ibid. THE PREFACE . Of the DOUGLASSES in generall : that is , Of their 1 Antiquitie , ( to which is joyned their Originall ) 2 Nobility and descent , 3 Greatnesse , 4 and Valour of the Familie and Name of DOUGLAS . I Think it will not be amisse to place here before the doore ( as it were ) and entrie into this discourse and Treatise ( like a Signe or Ivie-bush before an Inne ) an old verse , which is common in mens mouths . So many , so good , as of the Douglasses have been , Of one sirname were ne're in Scotland seen . This saying being ancient , and generally received , will serve to invite the curious and candid Reader , and like a charme will fright away malignant spirits , and detractors , who labour to lessen and extenuate what they cannot deny . Neither is this a publick fame only roavingly scattered , and soone vanishing , but such as hath continued from age to age , and which is authorized and confirmed by all Writers , and which is most of all true in it selfe , ( as shall appeare by this discourse ) and nothing immodest or immoderate . For if we consider these two together joyntly ( so many and so good ) that is , their number and their worth , we shall finde none that can match them in both these put together . There may be found of other names some as good , but not so many . And again , though there be as many , yet are they not so good . This truth I have not heard impugned , but it hath hitherto been imbraced without all contradiction ( even of calumnie it selfe ) I know not if without envie . But let that monster eat her own heart , and teare her owne bowels : and that she may do so yet more , we will give her further occasion to doe it , by enlarging this comparative thus ; So many , so good , &c , of subjects race were never in Europe seen : And yet farther , In the world were never seen . This is not any rhetoricall amplification , or poeticall hyperbol●… , but a positive and measured truth . If any , after he hath read and pondered their actions , and paralleld them with those whose names any Historie hath transmitted to the knowledge of posterity : If any man ( I say ) shall find after due search and straight judgment , either in this our countrey , or in this our Isle of Brittain , or in this fourth part of the world , Europe ; or throughout the whole Universe , such valour to have continucd in any one house or name ( that were Subjects , and not Kings , or Princes ) and to have been so heredivary to all of them ; and as if it had been intailed , descending by succession 〈◊〉 〈◊〉 to son , and from brother to brother , ( the successour still striving to out go his predecessour ) in that height of excellency , and for so many generations : Then 〈◊〉 this saying be suspected as partiall , or branded with an untruth . Otherwayes be contented to bear witnesse to the truth , or at least give others leave to do it , and receive thou it as such , without murmuring , or impatiencie . Now as they have surpassed all other names , so if we compare them amongst themselves , it will prove a hard and difficult judgment to determine who deserves the prize and hath been most excellent . There bath been twenty persons and moe , who have possest the chief houses , and principall families of Douglas and Angus from William ( to go no higher ) who died in Berwick a prisoner , besides those worthy branches ( the Lord of Niddisdaill , Liddisdaill , Galloway , Ormond murray , Balvain , Dalkeith , &c. There is none almost , whose life and the times afforded occasion of action , but hath made himself singularly conspicuous by some notable exploit or other , as is to be seen in their severall lives . For the present we will onely take a generall view of them in grosse , according to these heads : 1. Antiquity ( which includes their originall ) 2. Nobilitie . 3. Greatnesse . 4. Valour . And first , we will consider them without any comparison in themselves simply , and absolutely , then we will compare them with others both within , and without the Countrey ; and so I hope the truth of our assertion shall appear clear and evident unto the eyes of all those , that will not obstinately shut their eyes against so bright shining a light . To begin then with their Antiquity and Originall , so far as we can learn and find either in History , or Monument , by evident or tradition , which we will set down here in order of time , as we have gathered and collected them . 1. And first , we have that tradition which is most ancient of all others in the dayes of Solvathius King of Scotland in the year 767. when Donald Bane usurped the title of King , and had in a battell almost defeated the Kings army , a certain Nobleman ( called afterward Sholto Douglas ) came in to their succour , and overthrew the said Donald , whom he slew in the field and scattered his army , as is set down at length in his life . 2. The. second witnesse of their Antiquity and Originall is brought from beyond sea , out of Italy , in the family of the Scoti of Plaisance which is proved to have sprung from the Douglases at large in the life of William the fourth man of that name . The time is in the dayes of Charlemaign in the year 779. or ( as our Writers ) 800. or 801. In the reign of Achaius King of Scotland . 3. Our third witnesse is a publike Monument out of a Monastery ( which were the Registers of those times ) the Monastery of Icolmekill , which tell that Malcolme Kenmore at the Parliament of Forfair in the yeare 1057. or 1061. ( did not advance to that dignity , for they had the equivalent of it before ) but adorned with the new stile of Lord , is some of the name of Douglas , which stile was then first brought into this Countrey by imitation of other Nations . 4. Our fourth witnesse is in the year 1133. The foundation of the Abbey of Lesmie Hagoe confirmed by King David , wherein it is expresly bounded by the Barronie of Douglasdaile . Now seeing this is but a confirmation , the dotation must have gone before in some other Kings dayes . 5. The fifth witnesse is in the dayes of King William ( Nephew to this David ) who began his reigne in the yeare 1163. He erected the towne of Aire into a free brough Royall , and amongst the witnesses of their Charter are Alexander and William Douglasses . 6. The sixth is a mortmain , and dotation granted to the Bishop of Murray , where the same names are inserted ( William and Alexander Douglasses ) for witnesses . It is not certain whether these be the same that were witnesses in the former Charter of Aire , but it is likeliest they were the same . In what yeare of King Williams reigne this was we have not yet learned , but he reigned till the year 1214. 7. The seaventh is , the Indenture made between William Lord Douglas , and Hugh Lord Abernethie in the dayes of King Alexander the third , 1259. Some fourty five years after this last King William , the particulars of this Indenture are set down in the life of the said William , who is the ninth man of the name of Douglas . 8. Eighthly , we have also ( though much later ) in the dayes of King Robert Bruce , and good Sir James Douglas , mention made of two Douglasses , ( besides Sir James ) one James Douglas of Lowden , and Andrew Douglas in the publike rolls ( three rolls marked , 1. 16. ) King Robert gives to James of Lowdon a confirmation of the lands of Calder-cleere , and Kinnaule , and Carnewath : To Andrew Douglas he gives Corsewell , which was fallen into his hands by the forfeiture of the Earle of Winton , or Wigton . Now what these two were , and whether or not they were in kinne to the Lords of Douglas we know not . Onely I have heard it reported that the lands of Lowden were gotten from the Lords of Douglas ; and Calder-cleere is known to have been given off from their estate . Now howbeit these two be not very ancient , yet it may be gathered that the name of Douglas was ancient , even then being propagated into so many branches , which could not have been done of a sudden , but in processe of time : These things do confute those Authours who reckon the Originall of the Douglasses from good Sir James , or at the most from his father William : Because our Writers , Major , Boetius , and Buchanan , name none before them . But they intending , and minding more the generall History of the Countrey , then the descent , or beginning of particular houses , may perhaps be excused herein ; yet it doth not follow , that there were none before , because they have past them in silence . And so much shall suffice to have spoken of their Antiquity , and Originall as far as we know . I say expresly as far as we know ; for certainly we do not yet know them fully ; We do not know them in the fountain , but in the stream , not in the root , but in the stock and stemme ; for we know not who was the first mean man , that did by his vertue raise himselfe above the vulgar to such eminent place and state , as our Sholto behoved to have been of , before he wan the battell , and got the name of Douglas , which hath drowned his former name : for none but some great man of great friendship and dependance could have been able to have overcome this Donald Bane , ( Being already victor ) and changed the fortune of the day : And William indeed was created a Lord at Forfair , but we hear not that he was raised from a mean estate , or inriched by the Kings liberality ; wherefore we may justly think he had the same place in effect before , but under some other name , as of Thane , Abthane ; or some such title . The next point we propound to speak of is their Nobility . There is great contest among men , who should be most Noble ; but where will true Nobility be found so entire ? In what subjects race is it so full and perfect , according to all the acceptions , and significations thereof ? They define it to be a lifting or raising up above the vulgar : and what name , I pray , hath been so elcvated , and hath so transcended all other , as this of the Douglasses ? They adde this condition , that it be for true worth ; and hath there been any so worthy ? Those that will distinguish it into severall kinds , make five sorts of it ; 1 Nobility of vertue ; 2 of degrees ; 3 of Offices and Employment ; 4 of Birth and discent ; 5 Lastly of Fame and renown . 1. Of all these the first is the ground , without which the rest are never well built , and are but shadowes without the substance : virtus nobilitat , vertue doth ennoble , is a saying , which is no lesse true then ancient ; for it makes him in whom it doth reside , truely noble by its own power beyond all exception . It hath not the dependance on Kings or Princes to give or take it away : It is ever the self , whether exalted , or not exalted ; regarded , or neglected ; respected , or disrespected . Nay , it doth ever carry along with it such respect and regard , as no basenesse of place , of birth , of means or imployment , can stain or lessen ; making lownesse it self to overtop whatsoever is highest in the eyes of the world . It addes honour to whatsoever place , majestie to whatsoever estate , sufficiencie to whatsoever means , splendour to whatsoever obscurity : which no contempt of tongues , no detracting speeches , no dis-esteem of presuming pride , is able to impair or darken . Where honour and vertue do meet , there honour is an externall addition and confirmation of the inward testimony in the mind of the vertuous : but where vertue is wanting , outward honours are but false ensignes , lying inscriptions of empty boxes . That this name was vertuonsly noble , and noblie vertuous , the deduction of their lives will sufficiently show . 2. As for the second , Nobility of Degrees , of Dignities and Titles given by Kings and Princes ; such as are these of Knights , Barons , Lords , Earles , Dukes , &c. all these they had conferred upon them both at home and in forraign Countries . This kind of Nobility is in account amongst men ; because although oftentimes it proceeds meerely from the Princes favour upon small or no desert , yet it is supposed to be grounded upon vertue , or that it should alwayes be grounded thereon : Now in the Douglasses it was ever so , for they were never greater then they deserved : and whatever titles of honour they had , were rather thrust upon them , then ambitiously sought and hunted after : Nay , we reade of grimme Archibald , that he rejected and refused the title of Duke . 3. The third sort is very like and near unto this , if it be not a part of it consisting in publike offices and imployment either in peace or war , such as to be Wardens of the Marches , Lievetenants , Governours , Leaders , and Conductors of armies : This was almost proper , and ( in a manner ) hereditary to the house , in which places also they so behaved themselves , that for their good services done to the King , and Countrey , their Family and Posterity do enjoy ( at this houre ) many priviledges and immunities granted to them in their Charters , such as 1. Regalities , ( and exemptions thereby . ) 2. The first place and vote in Parliament , Counsell , or meeting , and convention of the States . 3. The leading of the vantguard in the day of battell : 4. And the bearing of the Crown at riding in Parliament . 4. The fourth is Nobilitie of bloud , and Descent . This some doe place only in the descent of the right line masculine without interruption , and esteem him most Noble , whose extraction proceedeth from most of this kinde . Others againe will have it to be on both sides ; and certainly it seemes to stand with reason that both should be regarded , seeing every ground is not 〈◊〉 for Noble seed , and every stock will not serve to ingraffe a generous imp . However , we shall finde the Douglasses Noble also in this way , in their descent on both sides , in their affinitie and alliance , being come of Kings , and Kings of them : and first of all King Robert Bruce and William the Hardie ( or Long legge ) were of kin by the house of Carrick . For Martha Countesse of Carrick and this William wore Cousin Germans , his mother having beene sister to her father the Earle of Carrick that died in Syria . Now Martha was mother to King Robert , and hereby King Robert and Good Sir James were Cousin Germans once removed . But this was ere Bruce was King , while he was yet but a private man. 2. Secondly therefore , Robert Stuart ( the first of the Stuarts that was King , and who was grandchilde to Robert Bruce ) gave his eldest daughter in marriage to Earle James , slain at Otterburne . 3. The same King Robert gave another of his daughters to William Lord of Nithisdale . 4. The Duke of Rothsay , Prince of Scotland ( son to King Robert the third ) married Marjorie daughter to Archbald the Grim. 5. Archbald ( the third of that name , and first Duke of Turaine ) had to wife Margaret Stuart daughter to the same King Robert ( the third ) as the black booke of Scoone expresly witnesseth , which calls him , Gener Regis , the Kings son-in-law . Ballandine ( the Translatour of Boetius ) calls him the Kings Mengh , or Allie , and king James the second claimeth Stuarton from James the last Earle of Douglas in the conditions of peace sent to him . Now Stuarton is knowne to have been the proper inheritance of Iohn Stuart , and after him of Walter , then of Robert ( the first king of the Stuarts ) and so of Robert the third , which ( in all likelihood ) he hath given with his daughter ( as her dowrie ) to this Archbald . 6. Also Iohn Earle of Buchan ( the kings brothers son ) married a daughter of this Archbald , whom he hath had apparently by some other wife . 7. Then Alexander , son to the Earle of Buchan , married Isabel Douglas Countesse of Marre , daughter to William the first Earle of Douglas . 8. William the first Earle married Margaret Stuart daughter to Thomas Earle of Angus , who was uncle to king Robert the second , and first king of the Stuarts . 9. George Douglas , son to the same William who was the first Earle of Angus of the name of Douglas , married Mary Stuart , daughter to king Robert the third , and sister to king Iames the first . 10. Iames Douglas Lord of Dalkeith married a daughter of king Iames the second . 11. Archbald brother to William the eighth Earle of Douglas married the inheritrix of Murray , who was Niece to king Robert the second , and so became Earle of Murray . 12. Archbald Earle of Angus , the second of that name , married Margaret Queen of Scotland , relict of king Iames the fourth , and eldest daughter to king Henry the seventh , sister to king Henry the eighth of England , and mother to king Iames the fifth of Scotland : by her he had Ladie Margaret Douglas . 13. Ladie Margaret Douglas , his daughter , was married to Matthew Stuart Earle of Lennox , who was also of the bloud Royall . 14. Henry Stuart Lord Darnely ( son to Lennox and Lady Margaret ) married Mary Queene of Scotland , onely daughter and heire to king Iames the fifth : She bare to him Iames the sixth of Scotland , and now happily the first king of Great Brittaine , France , and Ireland . And so much for Nobility in bloud and alliance . 5. The fift and last kinde of Nobilitie is that of fame and renowne . Those that take upon them to derive and deduce the Pedegree and Etymologie of words , doe thinke that this signification is most proper , as being chiefly implyed in the word Nobilis , quasi Notabilis ; so that those are said to be most Noble ▪ who are least obscure , who are most eminent and conspicuous in the eyes of the world , and most praised and blazed by Fame in their own and forraign Countries . This kinde of Nobilitie hath ever accompanied their vertue , as a shadow followes the bodie , and that both at home and abroad . And so we have done with their Nobility , which is the second point we propounded to be treated of . The third maine head to be considered , is their Greatnesse , concerning which in generall our Chronicles doe witnesse , that those of the name of Douglas , together with their Friends , Vassals , and Dependers , were able to make an Armie of thirty thousand , or fourty thousand men . This also doth argue their greatnesse , that it was thought an honour and credit to have dependance on them . Histories doe testifie that the Hamiltouns and Flemmings thought it no disparagement to follow them . Humes were their Pensioners and Vassals , even the chiefe houses of them . This is verified by a bond of a thousand nobles ( a great summe in those dayes ) made by Archbald Earle of Wigtoun , and Long Willie ( who was after his fathers death Earle of Douglas ) to Alexander Hume of Hume , dated at Bothwell 1423. The same Earle also ( for his father was Duke of Turaine ) gave the lands of Wedderburne to David Hume brother to the said Alexander ( propter multiplicia sua servitia ) for his many good services . This Charter of Wedderburne is anterior to the gift of Alexanders pension some eight or nine yeares , being dated in the yeare 1414. The Lawders of Basse , and Loganes of Rastarigge , were their Messengers into France , and other parts . Gray , Salton , Seaton , Oliphant , were their followers also . Neither could any man of ordinary pitch of power , have brought such aid to a forraign Prince , as this same Earle of Wigtoun transported over into France , ( five thousand , or as some say ten thousand ) which he levied and carried over at his owne proper cost , all brave and choice gentlemen . If for this he were rewarded with the Dutchie of Turaine , it was but the just recompence of his service , and no more then he deserved , and would but countervaile his charges . Wherefore I wonder with what indifferent judgement Du Serres ( Author of the French Inventarie ) doth grudge at it , and can call it mercenarie . Certainly the kings of France have thought it their due , or else they would not have continued it so long for five or six generations , that is , untill the Earles of Douglas were forfeited . Few subjects of forraigne Princes have beene so much respected , and so rewarded . It is also an evidence of their power and greatnesse , that Henry the sixth of England did contract and covenant with George the second ( Earle of Angus ) for his aid and assistance against Edward the fourth , and made an Indenture , wherein he promises to give him lands erected into a Dutchie , lying betwixt Humber and Trent . Edward the fourth made James the last Earle of Douglas Knight of the Garter , even when he was banished , so much did he honour and respect his name and vertue . So Henry the second of France made Archbald the second ( Earle of Angus ) one of the Order of Saint Michael , or the Cockle . Their magnificence and stately entertainment , and courage at home and abroad , doth likewise show their greatnesse . William the fourth of that name , and sixth Earle , being but a very young man , not above fourteen or fifteen yeares of age , bad for his ordinary train a thousand horse ; he dubbed Knights , had his Counsellours and Officers of State , like a Prince : and William the fifth was admired for his train and magnificence , as he passed through Flanders , France , and Italy , in his journey to Rome . Our Writers indeed blame him for it , and call it pride , ambition and ostentation in him : but however that be , It was an evident proofe of Greatnesse . The last and main point that we are to treat of is , their valour . Let their deeds and actions speak for this property . But to take a generall view of it : The common Epethite in the mouths of the common people hath appropriate unto them this vertue : who never speak of them , but with the addition of doughty , the doughty Douglas . And from hence indeed chiefly their greatnesse and honours did spring ; and we shall find none of them but were both skilfull commanders , and stout souldiers , being no lesse endowed with personall valour , then discretion and judgement to direct , and conduct . That brave matchlesse Romane ( Scipio Africanus ) when he was taxed for not hazarding his person , and fighting with his own hand , thought it enough to answer ( Imperatorem mater me peperit , non bellatorem ) My mother bare me a Commander , not a fighter : but our Douglases were both maximi Imperatores , nec minus strenui bellatores , wise Commandars , and hardy fighters and warriers ; they had both good heads , and good hearts and hands . In the beginning ere Rome came to its greatnesse , it is said of the first Captains ( Decorum erat tum ipsis ducibus capescere pugnam ) That it was no disparagement , but honourable for the Leaders themselves to sight with their own hand ; None were more ready and forward to fight then the Douglasses , onely Wallace is thought to have gone beyond any of them . But he is but one , and that singular and extraordinary , without any second , at least of his own name ; and our comparison stands between name and name , where the number is as well to be remembred as the worth . So many so valorous of one surname , is that which we have undertaken to prove . Besides , none of the Douglasses did ever encounter with Wallace to try who was the better man , and if we parrallell their actions done apart , what act o●… Wallace can be produced more admirable , then that of Archbald Tineman at the battell of Shrewsburie , where with his own hand he s●…ew Blunt the King of Englands Standard-bearer , and three more , who were apparelled like Kings , and at last unhorst the King himself , whom he had also stain , if he had not been rescued by his sonne Henry the fifth . In an English manuscript I have seen it thus expressed , And there with fiery courage he assails Three all as Kings adornd in royall wayes , And each successive after other quails , Still wondering whence so many Kings did rise : Till doubting , lest his hands or eye sight fails , With these confounded , on the fourth he flies , And him unhorses too , whom had he sped , He then all Kings in him had vanquished . For Henry had divided as it were The person of himself into foure parts , To be lesse known , and yet known every where . &c. It is written also of William Lord of Niddisdail , that he was exceeding both stout and strong , beyond any that lived in his dayes , so that whomsoever he strook but once with mace , sword , or speare , he needed never to double his stroke , eveblow carried death with it . Also James ( slaine at Otterburne ) his personall valour and strength is very highly extolled by the writers of these times , who besides that he had the better of Percie in their duell at Newcastle , he himselfe was the chiefe cause of the victorie that got the honour of the day at Otterburn ( where he lost himselfe , but wan the field ) by his own personall valour . They tell how he fought with a huge iron mace , that was heavier then any ordinary man of those dayes could weild , and more then two or three of such as now live . Qualia nunc hominum producit corpora tellus . We might adde unto these Archbald Bell the Cat ( Earle of Angus ) who in a duell with Spence cut off his thigh ( through bone and all ) at a blow , and divers others , as Archbald of Kilspindie , whom King James the fifth called alwayes his gray steel , for his valour and ability of body ; but these shall suffice here for a taste of their valour . But we will not content our selves with a generall and absolute commendation , we will also descend to the comparative , which we desire may be as farre from envie , as we hope it shall be found neere to truth . To begin then first at home , there is no subjects race in this Countrey that can match them in these of which we have spoken , Antiquity , Nobility , Greatnesse , and Valour or worth : in these ( I say ) joyntly : that is , there is none so Ancient , and withall so Noble , Great , and Valorous . No name is or ever was in this Countrey of which there can be reckoned so many and so worthy , for so stands our comp●…rison . The Grahames are very Ancient , ( in the dayes of Ferguse the second , anno 424. ) and very Noble , but have never attained to that degree of Greatnesse as the Douglasses have done . The Hayes also are a very old and honourable name ( in the reigne of Kenneth the third , anno 976. ) but not so anci●…nt as our Douglasses by two hundred yeares , for they began in the reigne of Solvathius anno 767. These two ( Hayes and Douglasses ) doe agree in this , that they are ( as the Grahames also are ) naturall Scots borne ; but there is great odds betweene them other wayes : For the Hayes have not reached to that pitch of greatnesse either in degree or estimation , and account of men by many stages , as the Douglasses have attained . Other names which now are great , are nothing so ancient , and besides are come from other Countreyes , such as Hammilto●… ▪ Gordons , Campbels : The Campbels from France , and the other two out of England . The Hammiltouns came in King Robert Bruces time , the Gordons in Mackolme Kenmores . The Murrayes are more ancient , and before all these , yet they are strangers , and not of the first bloud of the Scots , and there was but one of them great and remarkable , who was Governour of Scotland ; few or none Nobilitated till of late : but none of all those names comes neere that number of Nobles and Worthies ( by lineall or laterall descent ) and as it were of hereditarie vertuous succession and race of men , which we finde of the Douglasses . There have beene some great and worthy of other names , but if they enter into comparison , they will be found ( rari nantes in gurgite vasto ) but few , one or two eminent of a name , or of the chiefe house : it will also appeare that their honours ( most of them ) have flowed more from their Princes favour , then their owne great deserving , or great service against the enemie . The Cummins were the most numbrous and powerfull of any that ever were in Scotland before or since ( as some of our Writers say ) yet their greatnesse hath rather beene in lands and possessions , or friends , then in deeds of armes , and prowesse of Chivalrie , having done little or nothing of note , and worthy of renowne . John Cummin indeed fought three battels at Roseline in one day against the English , in which we finde nothing reported of his personall valour : whereas the Douglasses did ever shew themselves in person to be singularly valorous . Besides , he was but one man , the rest are buried in silence , and there is nothing to be found of them all ( though all their actions were put together ) that deserves to be compared with the deeds of any one man amongst many of the Douglasses . Moreover , as there was no great action in them , they were scarce good Patriots , using their power to the disadvantage of their Countrey , and the opposing of the Liberties thereof , in King Robert Bruces dayes , rather then for the good and standing of the Kingdome , which the Douglasses did ever . We finde also that they were not very carefull to keepe their promises , and thought the breach of their words and faith ( so it were for their advantage ) a point of good wisedome and policy , a foule and base quality , and , which is ever incident to meane and base spirits , being directly opposite to true generositie and magnanimity , which is the sountaine and well-spring of upright dealing and truth in word and action , which were ever found in our noble Douglasses . For other Countreys , to begin with our nearest neighbours of England , the most renowned name for deeds of armes amongst them , is that of the Percies of Northumberland , betweene whom and the Douglasses there hath ever beene a noble and generous emulation with various successe , but for the most part to the Douglasses advantage ; so that we may say ( Contendisse Decorum ) of the Percies . But they come farre short of that number of worthies , that we have in ours . Besides the Percies have not been so loyall Subjects , having often taken armes against their lawfull Princes , and being guilty of divers rebellions , plots , conspiracies , according to which Sir Josseline Percie said merrily of the powder treason , that it had not been a right treason , unlesse a Pereie had had a hand in it . But to go higher , even to the Mistresse and Empresse of the world , Rome it self : the Fabii and Cornelii were the most numerous families , and out of these two houses proceeded more Commanders , and brave Captains , then out of any that I have read , or can remember of amongst them . Now the first mention that we have of them is where they are both named , in the yeare 267. from the building of Rome , twenty years after the banishing of their King Tarquinius ; at which time Quintus Fabius , and Servius Cornelius , were Consuls together : from that time till Quintus Fabius Consul in theyeare 740. for the space of 437. years , we finde of the Fabii about some 24. persons that were Consuls , Tribunes , Decemviri , Dictatours , Generalls , and Leaders of Armies ; but for their valour or prowesse , personall courage , or proper worth , the three first are onely famous , Q. Fabius , M. Fabius and Caeso Fabius . These three being brothers , and Marcus Fabius being Consul , fought against the Hetrusci ( in the year 269. ) and Q. Fabius being slaine , Marcus and Caeso having incouraged the armie ( that was discouraged by the death of their brother Quintus ) leaping over the dead corps of their brother , assaulted the enemy in their owne persons , and by their valour and example staied their men from flying , restored the battle , and at last obtained the victorie : we reade also of one Ambustus Fabius , whose 3. sons were sent in an ambassage to the Gauls to request thē not to trouble the Clusinii ( in the yeare , 364. 63. ) These three when they could not prevail , nor perswade them to desist from invading the Clusinii did joyn with the Clusinii against the Gauls , in which conflict Quintus Fabius ( one of Ambustus three sons ) slew with his own hands in sight of both armies the Captain of the Gauls , and carried away his spoil : But he quickly stained that honour , he and his two brothers , by their misgovernment at the battell of Allia against the same Gauls , where they fled shamefully without striking a stroke , and by their misguiding gave occasion to the sacking of Rome . The last is Fabius the Dictatour , who fought against Hanniball , famous for his conduct , but not so for any personall valour . So the Cornelii from the same 267. untill 734. when P. Scipio was Consul , 736. when Lentulus was reckoning both these Cornelians , with the house of Africane the younger ( a Cornelian by adoption , but an Emiliane borne ) they are about three and thirty persons in these 167. years , who were in great place Consuls , Dictatours and the like , as the Fabii : some of them were also famous for their conduct in warre , having been brave Leaders , and Generalls of armies ( as the two Africanes , their brother Lucius , their father and their uncle Publius , and Cneus ) but for personall valour there are not many eminent , Onely Aulus Cornelius Cossus , who slew Tolumnius King of the Veiens , and Africane the first ( if it were he ) who rescued his father at the battell of are remarked for their personall vallour . Now neither of these two families doth equall the Douglasses ; who in fewer years , viz. from the 1309. untill 1588. about 300. yeares , brought forth 27. persons , all singular for their valour , and some of them far beyond any of these , as may be seen . This advantage these Romanes had , that living in the continent of Italy , and in a Common wealth which did so flourish , and was so great , their actions and decds were more conspicuous , being acted in a more large and ample theatre , then those of our men , who were pent up in a narrow and obscure corner of an Island ; and had neither the Carthaginians nor Hanniball to fight against , whose overthrow would have given a greater splendour to their actions . And moreover they have had good Heraulds to sound their prayses aloud , and trumpet them abroad in the world , when as ours Omnes occiderunt illacrimabiles , caruere quia vate sacro . And yet even by this which we have been able to collect of them , our proposition will appear to be sufficiently proved ; with which as we began , so will we conclude : So many so good , &c. in the world , were never seen of one name and family . Touching which assertion , I will earnestly intreat this favour of the courteous Reader , that he would be pleased to consider what hath been said in an even ballance and indifferent judgement , setting aside all prejudice and pre-conceived opinion of any worth in any Nation ; and if he do not approve of our conclusion , and assent to it , let him calmely and modestly impart his reasons , and he shall finde me one that shall be most willing and ready to retract what hath been said , and to give place to the truth , if I be not able to satisfie him in reason . For my own part , I protest I speake as I think , and no more then I think ; according to my reading and knowledge of men , and according to the measure of my judgement and understanding , without prejudice of any , who upon more knowledge and out of better judgement , shall find things to be otherwise then I have thought . In the mean time we will set down here , what we have said of them else where , speaking to King James at his return into Scotland out of England , in the yeare , 1617. Atque haec inter tot diademata celsa , corollam Annumerare tuis titulis fas ducis , & unum Privatam ( verum magnis à regibus ortam , Regibus affinem magnis regumque gerentem , Sepe vicem , bellique domique & quod satis unum est , Gignentem Celsum generoso semine regem , Regem , quo tellus majorem non videt , unus Qui terna imperii tractas sceptra alma Britanni ) Duglasiam , Angusiamque domum virtute secundam Haud ulli quas prisca aut Roma , aut Graecia jactat Seu numero heroum , seu robore mentis & armis , Sive fide in patriam ; sceptrorum ut millia sceptris Accumulesque tuis , numeresque in stemmate reges Latus quotcunque orbis habet : non ultima laus haec Duglasius etiam duxisse haeroibus ortum . And thou hast thought it not unfit to set Amongst thy many Crowns this Coronet ; A private family , and yet they be Deriv'd from Kings , and often did supply The place of absent Kings in warre and peace , And what may be esteem'd a greater grace , That from their loyns thy Royall self did spring Thy self , then whom earth sees no greater King. You Brittains threefold Scepter justly weeld , Douglas nor Angus will to no house yeeld , Nor the most fam'd of Greece , or ancient Rome , For numbers of brave men , nor are o'recome In strength of mind , or armes , or faithfull love To their dear Countrey : should your state improve , And you injoy a thousand Scepters more , And draw your stock from all the numerous store Of Kings the whole world holds , it would not be Thy least praise , that a Douglas lives in thee . THE HISTORY OF THE HOVSE and RACE of DOUGLAS and ANGUS . Of SHOLTO DOUGLAS the first that bare the name of DOUGLAS , and of whom all that beare that name are descended . TOuching the original of this illustrious Family and Name of Douglas , we must not looke for an exact and infallible demonstration ; things of this nature are not capable of it . Great Antiquity is commonly accompanied with much incertainty , and the originalls even of Cities , Countries and Nations , are grounded ( for the most part ) upon no surer foundation , then conjecturall proofs , whose beginnings are more easily known , and better remembred then those of private families . In such cases we use to take that for truth which comes neerest to it amongst diverse narrations ; and must rest on that which is most probable and apparent . Quis rem tam veterem pro certo affirmet ? sayes the Historian in a matter not unlike . And we will say with the same Authour , Cura non deesset , si qua ad verum via inquirentem ferret : nunc famae standum est , ubi certam derogat vetustas fidem . The beginning of our Nation , yea of both Nations ( Scots and English ) such as they now are , or of those that were before ( Picts and Brittans ) is not yet sufficiently cleared : neither is it as yet fully known from what people they are sprung , or how they got their name of Scots , English , Picts & Britans ; although the learned have bestowed their pains , andimploied their pens on this subject , to the wearying , but not satisfying of the Reader . As for Scotland , M r Cambden grants so much , and mocks those that have laboured in it : yet hath he himself bestowed his time and pains to as small purpose in behalf of his countrey-men the Brittans : Neither hath he done any thing , save that by his fruitles attempt ( notwithstanding all his bragging ) he hath made it appear , that to go about it is but to labour in vain ; he himself ( after all his travell ) remaining no lesse Sceptick , ( and to use his own words ) Scotizing , then others . And even Rome it self ( the mistresse of the world ) though the noon-tide of her Empire be clear and bright , like the Sunne in her strength , yet how misty is the morning and dawning thereof . Darknesse triumphs over the reigns and triumphs of her first kings ; which are covered over with such uncertain obscuritie , or rather drowned in so profound and deep night of darknesse , that all her children ( though they have beaten their brains , and spent much lamp-oyl in searching of it ) could never clear their mothers nativity , or vindicate their father Romulus birth from the fable of the incestuous vestall , nor his nursing from being beholding to a she Wolf. Detur haec venia Antiquitati , ut miscendo humana divinis primordia urbium augustiora faciat . If he had said , that Writers must have leave to be obscure or uncertain in setting down the originall of Cities , it could not well have been denied him ; but for men to invent , and to thrust their intentions upon others to be beleeved , because they know not what else to say Detur haec venia nobis , to beleeve no more then is probable . Neither will that serve his turn , Jam hoc gentes humanae patiantur aequo animo , ut imperium patiuntur . They may command our bodies , who cannot command our soules , or our belief ; and now we have shaken off the yoake of the one , and so we do reject the other . There is no lesse uncertainty in Plutarches Theseus and Numa . Wherefore we must be contented in the originall of a private family with what others are forced to content themselves in the beginnings of Cities , Nations , Kingdomes , and Empires ; which are like to some rivers , whose streams and outlets are known , but their springs cannot be found out , as they report of Nilus . Yet this our Narration doth better deserve credit , then those of Romulus , Numa , Theseus , &c. seeing it contains nothing that is impossible , nothing that is fabulous or incredible : for here are neither gods for their fathers , nor ravening beasts their nurses . And albeit that the Chronicle of our Countrie now extant makes no mention of their beginning , yet what we find there doth rather confirm then confute our deduction thereof . And indeed it is no wonder that they are silent in this point ; If we consider how Edward the first of England ( surnamed Longshanks ) whom his countrey men terme ( Scotorum malleus ) the hammer of the Scots , because that he deceiving the trust , and abusing the power of Arbitratour which was given him to decide the right to the Crown of Scotland between Bruce & Balioll , did so handle the matter , that setting the together by the ears , after they had well beaten and battered each other , he himself fell upon them both , and so hammered and bruised them , that he did thereby over-run all the low and plain champion Countrey . If we then consider , I say , how he had to make the Scots malleable and pliable to his unlimited ambition , after he had thus cut off the flowre of the Scottish Nobility , destroyed also all the lawes of the realm , both civil and ecclesiasticall , burnt the publike Registers , together with private Monuments , Evidents , Charters , and Rights of lands ; we shall have greater cause to wonder : that any thing escaped so powerfull a King , intending the full conquest of the Countrey ; and who had so jealous an eye over any thing that might encourage his new vassals to rebells , then that we have no more left us . Nay although he had not done this of set purpose , and with intention to root out all memorialls of Nobility out of the minds of the Scots , and to embase their spirits , by concealing from them their descent and qualities ; yet even the common chance and accidents of war were enough to excuse this defect : for the Lord Douglas lands lying in the south parts of Scotland , hard upon the borders of England , this calamity did chiefly afflict him , so that his houses were burnt , his castles razed , himself taken prisoner , and so all monuments of his originall lost or destroyed . Let us remember also , besides all this , the quality and condition of those times , in which there was great scarsity of Writers , and learned men able to preserve the memory of things by their pens , all being set on war , unlesse it were some few cloystred Monks and Friers , who were both carelesse and illiterate droans . Notwithstanding all this , as no destruction is so generall , and so far spread , but something doth escape the fury of it ; and though all monuments had been defaced , yet some men being preserved , what was written in their minds and memories remaining unblotted out , they remembred what they had heard from their predecessours , and delivered it to posterity from age to age . By which means we have ( as it were ) some boords or planks preserved out of this shipwrack , which may perhaps keep us from being lost in this deepth of Antiquity , if it do not bring us safe to land . According then to the constant and generall tradition of men , thus was their originall . During the reigne of Solvathius King of Scotland , one Donald Bane ( that is , Donald the white , or fair ) having possest himself of all the western Ilands ( called Ebudes , or Hebrides ) and intitling himself King thereof , aspired to set the crown of Scotland also upon his head . For effectuating whereof , he gathered a great army ; wherein he confided so much , that he set foot on the nearest continent of Scotland , to wit , the province of Kintyre and Lorne . The Kings Lievetenants Duchal and Culen , governours of Athole and Argyle make head against him with such forces as they could assemble on the sudden . Donald trusting to the number of his men did bid them battell , and so prevailed at first , that he made the Kings army to give ground , and had now almost gained the day , and withall the Kingdome , that lay at stake both in his own conceit , and the estimation of his enemies . In the mean time a certain Noble man , disdaining to see so bad a cause have so good successe , out of his love to his Prince , and desire of honour , accompanied with his sons and followers , made an onset upon these prevailing rebels with such courage and resolution , that he brought them to a stand ; and then heartning the discouraged fliers both by word and example , he turnes the chace , and in stead of victory they got a defeat ; for Donalds men being overthrown and fled , he himself was slain . This fact was so much the more noted , as the danger had been great , and the victory unexpected . Therefore the King being desirous to know of his Lievetenants the particulars of the fight , and inquiring for the Author of so valiant an act , the Nobleman being there in person , answer was made unto the King in the Irish tongue ( which was then onely in use ) Sholto Du glasse , that is to say , Behold yonder black , gray man , pointing at him with the finger , and designing him by his colour and complexion , without more ceremony or addition of titles of honour . The King considering his service and merits in preserving his Crowne , and delighted with that homely designation , rewarded him royally with many great Lands , and imposed upon himselfe the name of Douglas , which hath continued with his posterity untill this day . And from him the Shire and County vvhich he got , is called stil Douglasdale , the River that vvatereth it , Douglas River , the Castle which he built therein , Douglasse castle . This narration , besides that it is generally received , and continued as a truth delivered from hand to hand , is also confirmed by a certain manuscript of great antiquity , extant in our dayes in the hands of one Alexander Mackduffe of Tillysaul , who dwelt at Moore alehouse near Straboguie . There ( at his dwelling house ) William Earle of Angus ( who died at Paris 1616 ) being confined to the North ( in the year 1595 ) did see and peruse it . Neither doth this relation crosse or disagree with any thing set down in our Histories : for although they do not mention this man , nor his fact , yet they all speak of this usurper , and of his attempt and overthrow in the dayes of Solvathius ( about the year 767. ) Hollinshed and Beetius affirm , that this Donald was Captain or Governour of the Isle of Tyre . Some do call him Bane mack Donalde , but Buchana●… calleth him expressely Donaldus Banus , an easie errour in so great affinity of name . There is another of the same name called likewise Donald Bane , who did also usurp the title of the Kingdome , and was in like manner defeated in the reigne of King Edgar ( in the year 1000 ) but that being 333. years after this , and not much lesse after the Emperour Charles Le maigne , in whose time they had now propagated and spread themselves in Italy ( as shall be shewed anone ) It cannot agree either with this History of our Sholto , or with that Donald whom he defeated ; this last seeming to be rightlier named Mack Donald , as descended , and come of the former , who was Donalde : wherefore there is nothing here either fabulous , or monstrous ; nothing incredible or contrary to it self or to reason ; but all things very harmoniously answering one unto another ; our tradition with the manuscript , and both of these agreeing with our owne and forreign Histories . And thus concerning Sholto Douglas the root , and originall of the name and family . Of Hugh Douglas , sonne to Sholto : And first of the name of Hugh . TO Sholto succeeded his son Hugh , of whom we have nothing to write , but that he assisted his father at the overthrow of Donald Bane the usurper , there being nothing else recorded of him . Of his son Hugh the second . UNto the former Hugh did succeed his eldest son named also Hugh : for he had two sons , Hugh and William . Hugh the elder lived at home in his native countrey as a Noble man , borne to a great inheritance , whose actions by the iniquitie of time are buried in silence , and therefore we will insist no longer thereon . His younger brother William ( as is the custome of younger brothers ) went abroad into forraine Countreys to seek adventures of armes , if so he might make himselfe a fortune that way . Of him therefore we will speake next . Of William Douglas father of the honourable familie of the SCOTI in Italy . THis William was son to the first Hugh , and grandchilde to Sholto , younger brother to the second Hugh : he it is that was father to the noble familie of the Scoti in Placenza in Italy , which fell out thus , as it is related by the Italian Historians , agreeing with ours . Achaius king of Scotland having succeeded to Solvathius , did enter into league with Charlemaigne , which league hath continued betwixt the Scots and French without breach on either side ever since untill these our dayes ; whereupon when the Emperour Charles went into Italy to represse the insolencies of Desiderius King of the Lombards committed against the Sea of Rome , Achaius as his confederate did send him foure thousand choice men under the conduct of his brother William , a pious and valarous young Prince . Amongst other of his Captains that went with him , this William Douglas was one of the chief , and had the leading of the men of armes . The Emperour having restored Pope Leo the third to the dignity of his Seat , as he returned through Tuscanie , amongst other his notable acts , he restored also the Commonwealth of Florence to their former libertie ; in which exploit the valour and actions of the Scottish Prince William were much remarked : the Florentines to shew their thankfulnesse to the Emperour took to their Armes the Red Lillie , a part of the French Armes , the colour only being changed : And in memorie of the valour of Prince William they did institute publike playes yearely , in which they crowned a Lion with great ceremonie and pomp , ordaining also that certain Lions should be kept upon the charges of the common Thesaurarie , because William had a Lion for his Armes , which is also the Armes of the Kings of Scotland . They have also a prophesie in Florence , which saith , While crowned Lions live in Florence field , To forraine Armes their State shall never yeeld . This Prince William , brother to Achaius King of Scotland , passed into Germanie , and gave himselfe wholly to the warres , where for his service by his sword , having obtained large Territories , he led a single life all his dayes , and thinking to make Christ his heire , he founded and doted fifteen Abbacies for those of the Scottish Nation . It is he ( saith Major ) who is named in songs made of him , Scottish Gilmore . Now while as the Emperour and Prince William were in their returne from Italy towards France , William Douglas in his voyage through Plaisance did fall into a heavie disease , and not being able to go along with the Emperour , stayed at Plaisance till he recovered his health . And then considering the toile and danger of so long a journey , as it would be into his own Countrey , he resolved rather to remain there , then to hazzard his person any more , which such travell would have greatly endangered : wherefore to gain the good will of the Citizens of Plaisance , and to strengthen himselfe ( being a stranger ) by a good alliance , he took to wife a daughter of Antonio Sp●…no , one of the most eminent and honourable houses in that Citie : by her he had many children , of whom are descended those of the most noble Familie of the Scoti , who are so called by reason of this William , their Ancestour , who was a Scottishman , the name of his Country being better knowne , and more remarkable , then either his own proper name , or the name of his Familie . This originall of the Scoti in Plaisance is collected and confirmed , 1. by the testimonie of the Italian Writers ; 2. by the tree and genealogie of that familie ; 3. and by their Coat of Arms which they give , being the same with the ancient Coat of the Douglasses , with some difference . 1 Touching our Authors , they are such as have written the Historie of Plaisance , which is followed forth by Umbertus Locatus , and Franciscus Sansovinus . This last ( Sansovinus ) in the first book of his Historie , De primo origine delle case illustri d' Italia , writeth thus : Quando Carolo Magno fece l' Impresa in Italia contra Desiderio Re de Longobardi ( l' anno 779 ) hebbe per suo Conduttiere di huomini di armi un Gulielmo Scozzese della Familia di Conti di Duglasi , &c. as we have set down before . Onely he calls it the 779 year , which 〈◊〉 Writers call 800 , or 801. There he showes how this House was illustrious from the very first beginning thereof : And for their rank they held in that Citie , he declares that it was one of the foure Families which did distribute the Offices of the City , which were these ; Scotta , Landra , Anguiscola , Fontona . And they grew at last so numerous , and so famous both for Letters and Armes , that having purchased many Rents , and great Lands and Territories , together with many Friends and Alliance , they acquired the Soveraignty of that Citie , and became absolute Lords and Princes thereof . So that from them when they were Princes of Plaisance did spring the Counts or Earles of 1 Vegelino , 2 Agazano , 3 and Sarmetti . They have beene allied with the chiefe Families in those Provinces , the 1 Rangoni , 2 Fieshi , 3 Ressi , 4 Pallavicini , 5 Lodroni , 6 Strozzi , 7 Conti d' Arco : and the like . Then he reckons divers particular persons , and namely ( which doth serve to confirme this deduction ) Donatus Scotio Bishop of Bobio , ( who lived in the yeare 846 , or 48. who built a Monasterie without the walls of Plaisance , which he dedicated to the memory and honour of Saint Bride ( Patronesse of Douglas ) in remembrance that hee was a Douglas , as is probable . He built also a Church within the walls , which he gave to the Friers of the Monasterie of Bobio , who were of Saint Colme ( or Columbanus ) Order , who was Abbot of Icolm●…kill an Island amongst the Scottish Hebrides . And this he did ( saith Sansovino ) Non solamente per l' amor de Dio , ma anchora perche San Columbano fu di Hibernia Isola de Scotia : Not onely for the love of God , but because Saint Colme ( or Columbanus ) was of Ireland , an Island of Scotland , so he thought being a forreigner , being the Scots and Irish are mutually descended each of other . Then comming to speak of their worth and valour , he reckons up above six and twenty persons who were ever valorous in whatsoever fortune good or bad , and have been in great employments continually for the space of two hundred eighty five yeares together , under the Emperour Henry the fourth , Charles the fourth , and Sigismund : Also under John King of Bohemia , and Duke John Maria , in divers places , at Pavie , Candie , in Cyprus , in Albania , Famagusta , at the Isle of Thin against the Turks , in all which services they behaved themselves valarously , and discharged their places with credit and honour . There were some also famous for learning , as Christophero Doctor of the Lawes , and Bishop of Cavaillon ( in Provence of France ) and Fiderico an excellent Jurisconsult , and who hath written learnedly . At last he relates how they were overthrown by the Duke of Millain , who besieged Alberto Vochio , the elder , and forced him to render upon composition , by which he gave divers Castles , Lands , and Territories , and divers Jurisdictions , with a competent estate and means . And here he reckons up above ten or twelve Castles which they still possesse , all famous and honourable , with the greatest priviledges that can be . 2. As for the Tree and Genealogie of these Scoti , in it we have first this our 1 William Douglas , 2 then David , 3 Lanfrancus , who had foure sonnes , 1 Johannes , 2 Raynaldus , 3 Ruffinus , 4 Rollandus . Johannes had Alber●…s , who begat foure sons ; 1 Petrus , of whom we finde no succession ; 2 Nicholaus , of whom are descended the houses of Fombii , Guardamilii , and Cassaligii ; 3 Franciscus , or Francus , of whom are the Counts of Volgolino , Angazano , and Sarmetto , and those of Gragnani ; 4 Jacobus , father of the Familie of the Castri sti Johannis . Lanfrancus second son Raynaldus was Progenitor to the Gravahi and Varsii . 3 Ruffinus his third son was Author of the Momaghi , Magnani , & domorum del Boscho . 4 Of Rollandus his fourth son are descended the Passano , and Aygveriae . These , with their off-spring , have multiplied and spread themselves into divers parts of Italie . Also they are found in the Marquisate of Salluce in France , in Guienne , and about Bourdeaux , where they are knowne by the names of Honglas , having corrupted the originall name , as strangers are wont to doe . There are also of these Scoti in the towne of Antwerp in Brabant , amongst which Petrus and Cornelius Scoti , inhabitants and merchants there of the best sort , who being lately challenged and interrupted by the Magistrates thereof , for presuming to set up the Douglasses Armes upon the tombs of their fathers , did send over into Scotland , in the yeare 1619. a messenger of purpose ( Alexander Seaton by name ) with their severall letters signed with the names of Scoti , alias Douglassi , directed unto the Right Honourable William Earle of Angus , Lord Douglas , &c. acknowledging their descent from his House , and intreating his Honours testimoniall thereupon . Upon which request , the said Earle having examined the matter by his Evidents , and other Records , found their claime to be just and right , was moved to send them by the same messenger an authentick Patent of their Pedegree under the broad Seale of Scotland , as likewise under the hands and several seales of William Earle of Angus , William Earl of Morton , dated the 16. day of March 1621. In which patent the said Petrus and Cornelius extraction from this William father of the Scoti , and grandchild to Sholto , is deduced particularly , as may be seen in the publike Register of Scotland . 3. As for the ancient armes of the house of Douglas , they were three mullets ( or starres ) onely in a field azure , untill good Sir James did adde the crowned Hart , because King Robert Bruce did concredit to him the carrying of his heart , and burying of it at Jerusalem . The Italian Douglasses ( or Scoti ) having come off before him , kept the field coat unaltered , as may be seen in their Tombes and other Monuments : for in Plaisance , in Saint Lawrence Church , where there are above twelve severall Monuments and Tombes of that Family ( it being their buriall place ) whereof some are of marble , surrounded with iron grates , there is an ancient Monument of a noble Lady near unto the high altar , bearing these three mullets , with this inscription , Margareta Scota Contessa de Burla : but now the Italian Douglasses , or Scoti , give but two mullets , and between two they have drawn a beam argent , which begins at the right hand , and ends at the left . The reason of this difference is given in this letter sent by the Conte de Agazano to this present Earle of Angus , which we wil set down in his own words and language , as he sent it written , and signed with his owne hand , and sealed with his seal . Ill mo Sigr mio Ess mo , QUando ●…o hebbi l' honore de vedere in Orleans vuestra illustrissima signoria gli promessi fargli havere l' Arbore de la famiglia Scota de Piacenza discesa d' illustrissima casa di Douglas . Ma perche non ho fin 〈◊〉 havuto comodita sicura di mandarlo , non ho pagato primo questo debito . 〈◊〉 dunque con l' occasione di un gentil . huomo , mio amico , qui passa in Inghilterra non ho voluto tardare piu a mandarle come faccio detto arbore o Genca loigia ; pregando vs ill ma honorarmi , come mi promisse dell ' arbore de la casa . Douglas in Scotia , almeno quella parte che la rigidezza di tempi passati di guerri in quel regno havera permesso di poter conservare la memoria , et io gli ne restero obligatissimo . L' arma antiqua di Scoti en Piaienza era conforme a L' antiche de Douglasso , come se vedo in ditta citta ne la chiesa de santo 〈◊〉 , Ma al tempo che Ghelfi , & Ghibellini guerregiavano in Italia : Li Scoti come partiali di Francesi furon elletti capi di Gelphi in Piabenza . Et perche tutte le cose d' numero non paro si intendevano Ghibellini , furono donque necessitati di rendere il numero delle tre stelle o vero a quattro o vero a due . Ma giudacando che accrescerne non conveniva : Si resolvettero Levarne un●… , a la piazza della quale per memoria missero . La sbarra bianca che commiciando de le parte destra va a finire a la sinistra , che si la sbarra comminciasse a la sinistra , & finisse a la destra , saria Ghibellini . Il champo che solea essere rizo fu d' Arrigo. 4. Imperatore dato insieme col Cimere d' un Pellicano , il Cimere a quei Scoti soli che le Portano di presente , & il campo a tutta la familia generallmente . Ho giudicato bene fare questa poca digressione , accio vs Ill am hebbi qualche notitia perche su seguita la mutatione . Mi sara caro ch' ella si compiaccia screvermi la ricevuta di detta Arbore , all arma del quale manca la corona sopra , che ci deve essere in loco del cimere . Et volendo mi honorare di suc lettere , in viandore all Illustrissimo & Ess mo S r Duca di Nevers mio capitano sicure , & io ne tenero obligo particulare a vs ill ma ; a la quale per fine , insieme con Li Signori suoi fratelli , & figlioli bacio le mani , conpiegarle da N. S. ogni prosperita ▪ Di Paris le 8. Maggio . 1622. Di vs ill ma Devotissimo Servit re & parente Il Conte Marc Antonio Scoto d' Agazano My honourable Lord , William Douglas . WHen I had the honour to see you at Orleans , I promised to send you the Tree of the Family of the Scoti of Plaisance ; which is descended of the illustrious house of Douglas : But because I have not hitherto had a convenient opportunity of sending it safely , I have not yet paid this debt : Now therefore having found the occasion of this Gentleman my friend ▪ who was to go into England I would delay no longer to send , the Tree or Genealogie : which I have done , beseeching your Lordship as you promised me to honour me with the Tree of the house of Douglas in Scotland ; at least , so much of it as the iniquitie of times past , and the wars in that kingdome have suffered to remain undefaced , and undestroyed , and I shall rest your Lordships obliged for this favour . The old armes of the Scoti in Plaisance , were conformed to the old armes of the Douglas , as may be seen in the foresaid Citie , in the Church of Saint Lawrance . But when the Ghelfs , and Ghibellins did warre one against another in Italy , the Scoti as partners of the French , were chosen to be heads of the Ghelfs in Plaisance . And because all things of an odde or unequall number were taken for Ghibelline , they were constrained to change the number of three starres , into either foure or two . But esteeming that it was not fit to increase the number , they resolved to take one from them : in the place of which ( in memory of it ) they put a white or argent bar , which beginning at the right hand is drawn along , and ends at the left : for if it had begun at the left , and ended at the right hand , it had been Ghibelline . The field which was given by the Emperour Henry the fourth , together with a Pelican for the crest , which is the Crest of the Scoti onely , who carry it at this houre , and the field of the whole Family generally . I have thought good to make this short digression , that your Lordship might have some knowledge wherfore this change was made in our coat : your Lordship should do me a singular favour if you would be pleased to write unto me of the receit of this Tree , in the armes of which the Coronet is wanting , because the Crest is the place where it should be , and to honour me with your letters which you may send to my noble Captain the Duke of Nivers , and so they shall come safe to me ; for which favour I shall be particularly obliged to your Lordship . So kissing your Lordships hands , together with these of your brethren and children , I pray the Lord to blesse you with all happinesse and prosperity . Paris 8. May 1622. Your Lordships humble servant and Cousen , Mark Antonio Scoto Counte d' Agazano . This Tree was received by the Earle of Angus , who did also send to him the Tree of the house of Douglas . Now besides all this which we have said , the Evidents and Monuments , Charters and Writs of priviledge of their house , do witnesse the same : for in the priviledges granted to them by the Emperour Henry the fourth , and Sigismond , as also by Giovanni Maria Duke of Millain , the surname of Douglas is expresly inserted with the titles of Earles given to three severall persons of that house , first Francisco created Conte de vigolino ; Giovanni ( his brother ) Conte d' Agazano , by the said Duke , and to Alberto expressely intituled Conte de Douglas & Vigolino , by Sigismond the Emperour . Now after all this , I hope we may justly say with John Leslie Bishop of Rosse ; Unde certissimâ conjecturâ assequimur illam perantiquam familiam quibus ( Scoti cognomen ) confirmabit jam usus loquendi , Placentiae florentem ex nobilissimâ nostrorum Duglassiorum comitum prosapiâ oriundam fuisse : that the Scoti in Plaisance are come of the Douglasses in Scotland . And thus much for William the second , sonne to Hugh the first , and grandchilde to Sholto . Of William the first Lord , created Lord of Douglas at the Parliament of Forfaire . NOw to return home again to the Scotish Douglasses , we finde that King Malcolme Kenmore in a Parliament held at Forfair in Angus , in the yeare 1057. as the manuscript , Major and Buchanan have it , but according to Boetius , 1061. did create many Earles , Barons ( or Lords ) and Knights , amongst whom there is Gulielmus a Douglas , who was made a Barron : the words are these : Malcolmus Scotorum Rex 86 〈◊〉 〈◊〉 〈◊〉 anno 1061. Inde Forfarum generale indixit Concilium , v●…lens ut 〈◊〉 quod antea non fuerat , aliarum more gentium à praedis suis cognomina caperent : quosdam vero etiam comites ( vulgo Earles ) quosdam 〈◊〉 ( vulg Lords ) alios Milites , aut Equites Auratos ( vulgo martiall Knights ) creavit Makduffum Fifae Thanum , Fifae Comitem , Patritium Dumbarum , Marchiarum comitem : alios quoque viros praestantes , Montethiae , Atholiae , Marriae , Cathanesiae , Rossiae , Angusiae , dixit comites . Johannem Soules , Davidem Dardier ab Abernethie , Simonem a Tueddell , Gulielmum a Douglas , Gillespium Cameron , Davidem Bri●…hen , Hugonem a Caldella , Barones , cum diversis aliis , Equites Auratos , perplures pauci vero Thani relicti . In English thus , Malcolme the 86t. King of Scots , being crowned at Scone in the year 1061 , conveened a Parliament at Forfaire , where , according to the custome of other Nations , he ordained that Noblemen should have their titles to be distinguished by their possessions , and lands , which had not been the custome of this Countrey in former times . And so he created some Countes or Earles , others Barons or Lords , and others Cavalliers or Martiall Knights : he made Mackdusfe Earle of Fife , who had been Thane of Fife ; Pàtrick Dumbarre , Earle of Marche : he made also others of the Nobility Earles of Monteeth , Athole , Marre , Murray Cathnes , Rosse , Anguse . John Souls , David Dardier of Abernethie , Simon of Tweddale , William of Douglas , Gilespie Cameron , David Briechen , Hugh of Calder , were made Barons or Lords : others more he knighted likewise a great many , so that few Thanes were left . This note of these very words were extracted out of the Register and Monuments of Icolmekill , and sent to George Buchanan , when he was in writing his history of Scotland ; whereof John Read , ( Buchanans servitour , and amanuensis ) having reserved a copy , did communicate it to diverse afterward . Now here this William being ranked amongst the Nobility , who were chosen out to receive these new honours , could be no mean man : but in all likelyhood , the chief and principall of that name ; and so the eldest descended of Sholto , and his sonne Hugh the first , and his grandchilde Hugh the second , by lineall succession . This is al we have of him , save that it is a received generall report and tradition , that his two sons , John and William , were Knights at the same Parliament , which is an argument that he hath been a man of good esteem , and eminent place . Of John , the second Lord of Douglas . WIlliam did leave behind him two sonnes , John and William , both Knights : The eldest was Sir John of Douglasburn , which is a parcell of ground and mannour lying betwixt Ettrick forrest , and Peebles . The other was William of Glendinning , which is about the upmost parts of West-Teviotdale neere to Ewesdale . Now whether this John did succeed to his father in the Lordship , as being his eldest son and heire , who was designed ( during his fathers life time onely ) by the title of Douglasburn , or whether he had an elder brother , and so both he and Sir William were but cadets of the house of Douglas , we cannot affirm : But thus much they say , that these two brothers were men of great power and authority , and very worthy and valiant gentlemen . They affirm also that Sir William of Glendinning had two sonnes , Alexander and William , of whom are descended those of Cressewall , Strabrock , Pompherston , Pittendrigh , and Calder-Cleer . Of William the second of that name , and third Lord of Douglas . WE have but little mention of this man , onely in a Charter granted to the town of Aire by King David , first sonne to King Malcolme Kenmore , he is inserted a witnesse without any other title or designation : Then Gulielmus de Douglas , William of Douglas . This Charter was given the 25. or 27. yeare of his Reigne , the yeare of God 1151. two yeares before his death , which was 1153. Of Archbald the fourth Lord of Douglas , and first of that name . THere is as little mention made of this Archbald , as of the former William : we find him onely inserted witnesse in a second Charter granted to the town of Aire , by Alexander the second sonne to King William , in the 22. of his reigne , and of our redemption , 1236. Of the third William , and fifth Lord of Douglas , maker of the Indenture with the Lord Abernethie . THis VVilliam is found in an Indenture made betwixt him , and the Lord Abernethie , which the Earles of Angus have yet extant , amongst their other evidents and rights of their lands . The date of this Indenture is on Palmesunday , in the yeare 1259. . in the reigne of Alexander the third : the place , the Castle of Edinburgh : It is a contract of marriage , in which the father called there VVilliam Lord Douglas , doth contract his sonne Hugh Douglas to Marjory Abernethie , sister to Hugh Lord Abernethie , The summe and contents thereof , are that the marriage shall be solemnized on Pasche day , that all things may be perfected before Ascension day . The conditions are these , for the Lord Abernethies part , that he shall give with his sister to Hugh Douglas , viginti carictas terrae ( perhaps it should be Carrucatas terrae ) twenty plough gate of land in the towne of Glencors . And for the Lord Douglas part , that he shall give to his son Hugh Douglas and Marjory his wife 20. Carrucatas in feudo de Douglas , twenty plough gate of land in the few of Douglas . The witnesses are Alexander Cumine , Earle of Buchan , Raynold Cumin , John of Dundie-Moore , and one Douglas , whose Christian name was worn away , and could not be read . This should seem to be that Indenture which Sir Richard Metellane of Lithington , father to Iohn Lord of Thirlestane , sometime Chancellour of Scotland , of worthy memory , doth mention in his manuscript , where he hath carefully collected some memories of the house of Douglas . He sayes that Sir John Ballandine of Achnoute Knight , did show to John Lesly Bishop of Rosse , one Indenture that makes mention of Douglassas 80. yeares before that Lord William ( the Hardie ) who was contemporary with William Wallace , and this Indenture is very neare so long before his time . But he saith that the Lord Abernethie , who doth there indenture with the Lord Douglas , was father to Marjory , and our Indenture ●…akes him brother to her . It may be there have been two Indentures ; one before this made by her father , which not being accomplished during his life , hath been renewed by his sonne or brother , or that they have mistaken it , for there is no other save this onely ( which doth clearly call him her brother ) amongst their writs and evidents . Upon this there was drawn up a Charter without date of either time or place ; onely it appears by the tenour thereof , that it was made after the Indenture . The giver is the same Lord William to Hugh his son and heire : the lands disposed to him are , Glaspen , Hartwood , Kennox and Carmackhope , and Leholme ; together with the lands sayes he , ( quae sunt in calumnta inter me & haeredes Johannis Crawford ) that are in suit of law betwixt me and the heirs of John Crawforde , without any detriment . Then the cause of his giving is set down , that they may be a dowry to Marjorie Abernethie his sonnes wife , and sister to Hugh Lord Abernethie . Ever after this he intitles his sonne , Dominus Hugo de Douglas , Sir Hugh of Douglas . It hath an expresse caveat , that if after the marriage be solemnized , the said Sir Hugh of Douglasdale shall happen to die , or if he shall ( aliquo malo suo genio ) through some devillish or wicked disposition abstain from copulation with her , she shall brook and injoy these lands , although the said Lord VVilliam should be alive : And if the said Marjory shall outlive the said Lord VVilliam , thought her husband Hugh should die before him , yet he shall have the third part of his lands in Douglasdale , excepting the third of so much as the said Lord VVilliam shall leave to his wife . There is in it another very strange point , and as it were a provision in case of divorcement , or not consummating the marriage : viz. that if the said Sir Hugh , or Lord Hugh ( Dominus Hugo ) be then ( after his fathers death ) living lord and heir , or have an heire by any other wife , the said Marjory shall possesse the lands notwithstanding , all the dayes of the said Hughs life . Now he could not have an heire by another wife , unlesse he were first divorced from her . There is also one clause more touching her security , That if the Lord Abernethie , or his counsell shall desire any other security reasonable by Charter or hand-write , that they shall cause make the conveyance as they think good , and Lord VVilliam shall signe it , and set his seal to it . The seal at this is longer then broad , fashioned like a heart , the letters thereon are worn away , and not discernable save onely ( Wll ) and the armes seeme to be three Starres or Mullets at the upper end thereof : but I cannot be bold to say absolutely they were so . This I have set down the more particularly and punctually , that by these circumstances the truth may be more clear and free from all suspition of forgery and invention . I have done it also , that though every one be not curious or taken with these things , such as are ( of which number I prefesse my self to be one ) may find something to please their harmelesse desire of the not unpleasant , and some way profitable knowledge of Antiquity . By this Indenture it is cleare that this William is not the same with VVilliam Hardie , who died in prison , and was father to good Sir James , because his name was VVilliam , and had a sonne Hugh , as the other also had : for if we do but suppose that Hugh contracted to Marjory Abernethie were 25. yeares of age at the making of the ●…ndenture ( 1259. ) and that his father Lord VVilliam were twenty five yeares elder then his son Hugh , fiftie in all : then must he have been when he married the young English Lady ( by whom he had divers children ) and when he assisted VVilliam VVallace , when he surprised the Castles of Sanquhaire and Disdeir , and performed other warlike exploits , being still in action till the 1300. about 90. or 100. years of age , which carries no likelihood with it that one so old , should be so able of his body . Besides this Lord VVilliam the Authour of this Indenture had for his eldest sonne and heire this Hugh contracted to Marjory Abernethie , but the eldest sonne and heire to that Lord VVilliam wanted good Sir James , who died in Spain : for all our Histories do tell how that the Bishop of Saint Andrews did sute King Edward for good Sir James to restore him to his fathers lands and inheritance , but King Edward refused to do it : and in a Charter given by King Robert Bruce in the fifteenth yeare of his reigne , Bervici super Twedam , at Berwick upon Tweed , of the Lordship of Douglas , these expresse words are contained , Jacobo Domino de Douglas , Filio & Heredi Guliclmi de Douglas . This good Sir James dying without heire male lawfully gotten of his own body , his brother Hugh succeeded to him in the yeare 1342. in which year the same Hugh doth give a Charter of the said lands and Lordship , to wit , Douglasdale , together with the lands of Carmichel , Selkrick , &c. To his Nephew William son to Archbald his brother , which VVilliam did succeed to Hugh , he having no heires male , he was afterward Earle of Douglas . Now it is against all reason to think that he that was contracted to Marjory Abernethy ( 1259. ) should be the same with this Hugh who gives this Charter ( 1342. ) seeing he must be now 106. or 107. years of age , which is not probable . This VVilliam had to wife Martha sister of Alexander Earle of Carrict , who bare to him two sonnes , Hugh his eldest , and VVilliam the Hardie : by their alliance with the house of Carrick , besides that he was not a little strengthned , they being great men and powerfull , it fell out that his posterity became of kindred to King Robert Bruce : for Fergus Lord of Galloway had two sonnes ; the elder Gilbert , and Ethred the younger . At his death he ordained that the Lordship of Galloway should be divided betwixt them , which was done accordingly ; and the division was ratified and confirmed by King William , who did then reigne : but the King being afterward taken prisoner at Anwick be the English , Gilbert nothing contented with the division , having got Ethred his brother into his hands , caused put out his eyes , and possessed himself of the whole Lordship , and kept it till he died , which was before the Kings return out of England , before which Ethred also was dead . These two brothers left each of them a sonne behind him ; Gilbert left Alexander , and Ethred Rowland . This Rowland finding his faction the stronger , thrust out his cousen Alexander , and seized upon the whole estate himself alone , and at the Kings return took a new gift thereof of the King , who gave also to Alexander , Gilberts sonne , in recompense and lieu thereof , the Earledome of Carrick : This Alexander had but one sister named Martha , who was married to this Lord William Douglas , he went into Syria with Edward Prince of Wales , who was brother in law to King Alexander , the third , sent by the King and State at the Popes request , to fight against the Sarasins . There went with him the Earle of Athole , and many brave Knights and Gentlemen : in which expedition he died ; leaving onely one daughter his heire , Martha Countesse of Carrick . She was married to Robert Bruce , sonne to Robert Bruce ( who is known by the name of Robert the Noble ) and to Isabel second daughter to David Earle of Huntington . To this Robert , the Countesse of Carrick bare Robert Bruce , who was afterwards King of Scotland . So then we see how Martha Countesse of Carrick , and William the Hardie were Cousin germans ; and her sonne King Robert Bruce , and good Sir James Cousins once removed : so that not onely the thralled liberties of Scotland , and his private losses , did oblige Sir James to fide with King Robert , and to stick so constantly to him , but this tie of bloud and consanguinity also , being so near a kinsman . We are also to observe here , that Martha Countesse of Carrick , was also the nearest , just and rightfull heire to the Lordship of Galloway , being descended of the elder brother Gilbert , and therefore to be preferred before Allane , who was descended of the younger brother Ethred by Rowland his ●…ather : and after her and her heires , her fathers sister married to this Lord William was next heire to both the Earledome of Carrict , and Lordship of Galloway . Whether this title did move the Douglasses to seek the Lordship of Galloway , as they did afterward , and helped them to obtain it the more easily of the King , or of others descended of Allane , and of his heires , I leave it to be considered . How ever that be , we may see by the matching with this honourable house of Carrick , Galloway and Abernethy , the chief Peers in this Realme as then , that the house of Douglas was of no small esteem and account long before good Sir James , and that they mistake things farre , and are but ill versed in Antiquity that thinke he was the first that did raise that name to Nobility or greatnesse , this Williams marriage having preceded his time 80. yeares at least . Of Sir Hugh ( the third of that name ) and sixth Lord of Douglas . WIlliam had to his eldest sonne and lawfull successour , Sir Hugh Douglas , who as we have said was married to Marjorie Abernethie , daughter to Alexander , and sister to Hugh Lord of Abernethie . This house of Abernethie were friends and followers of the Cummins , and did assist and party them in all their enterprises , as we may see by their joyning with them at Kinrosse when they took King Alexander the third . Their credit and favour with their Princes appears by this ; That Lord William Abernethie got of King William the Abacie of Aberbrothock , or ( as it may be thought rather , for the writing was dimme and hard to discern ) the Collegiate Church lands of Abernethie , paying thence yearely twenty pound . This Hugh Abernethie obtained also of King Alexander the third , a Charter of the lands of Lenrie , and a pension of fiftie pound sterling by yeare : likewise he got from the same King a confirmation of the lands of Hulkstone and Lilestone . In these gifts the Cummins still are witnesses , and with them stiled Patrick Earle of Dumbarre . We finde also a gift of twenty pound land granted by Isabell Countesse of Stratherne Relict of Walter Cummin , and her husband John Russell . In the dayes of Balioll this house was so powerfull , that thy were able to make their party good against the Earle of Fife , whom they slew , and were winked at by Balioll : with this house did Sir Hugh match , as his father had done with Carrict and Galloway , which as it was an honourable alliance for him , so doth it also argue that the house of Douglas even then was noble and honourable , and in the rank amongst the greatest , as we have said . How long this Sir Hugh Lord Douglas did live after his contract and marriage , we cannot finde : but it is clear that he had no children that survived and outlived their father , because his brother William was his heire and successour . Neither can we relate any his particular actions ; onely fame and tradition have given him a received testimony of activitie , watchfulnesse and diligence , by terming him good Sir Hugh Douglas , whom his foes found never sleeping . He with his wife are buried in Saint Brides Church in Douglas . Of William the Hardie ( or Long legge ) the fourth William and seventh Lord of Douglas . TO Hugh did succeed his brother VVilliam , who for his valour and courage is distinguished by the addition of VVilliam the hardie ; he is named also William long legge , by reason of his tall and goodly ; stature , having beene a very personable man. Hee was twice married : first to the Lord Keeths sister , by whom he had two sonnes , Iames and Hugh , as is evident by a Charter of re●…ignation made by his son Hugh to his nephew VVilliam the first Earle of Douglas : his next wife was an English Lady called Ferrar , or Ferrais , of which name we finde the Earls of Darbie to have beene in the dayes of King Henry the third : She bare also two sons , Archbald Lord of Galloway , and Iohn , of whom are descended the Lords of Dalkeith , Maines , and Loghleven . Concerning himselfe , we finde in the English Chronicle , that when King Edward the first took in the town of Berwick ( in the yeare 1295. ) he was Captain of the Castle there , and not being able to resist and hold out , the Towne being in the enemies hands , he rendred the place , with himselfe also a prisoner , where he remained untill the warres were ended , by the yeelding of Iohn Balioll to King Edward . During the time of his captivitie he was to marry this English Lady , that so he might be drawn to favour the Kings pretensions in conquering of Scotland . But his matching did not alter his affection towards his native Countrey , nor brake his constancie in performing his dutie to it . Wherefore when he heard that VVilliam VVallace was risen up , and had taken open banner against the English , he joyned with him , by which accession of forces , Wallace Army was much increased and strengthened ; yet they were not alwayes together , but according to the occasion , and as opportunity did offer , they did divide their companies ; and went to severall places , where they hoped to get best advantage of the enemie , and where there needed no great Armie , but some few companies at once . In these adventures Lord William recovered from the English the Castles of Disdiere and Sanwheire . The manner of his taking the Castle of Sanwheire is said to have beene thus : There was one Anderson that served the Castle , and furnished them with wood and fewell , who had dayly accesse to it upon that occasion . The Lord Douglas directs one of his trustiest and stoutest servants to him to deale with him , to finde some meane to betray the Castle to him , and to bring him within the gates onely . Anderson either perswaded by entreatie , or corrupted for money , gave my Lords servant ( called Thomas Dickson ) his apparell and carriages , who comming to the Castle , was let in by the Porter for Anderson . Dickson presently stabbed the Porter , and giving the signall to his Lord who lay neere by with his Companies , set open the gates , and received them into the court . They being entred , killed the Captaine , and the whole English Garrison , and so remained masters of the place . The Captains name was Beuford , a kinsman to his own Ladie Ferrais , who had oppressed the Countrey that lay near to him very insolently . One of the English that had been in the Castle escaping , went to the other garrisons that were in other Castles and Townes adjacent , and told them what had befallen his fellowes , and withall informed them how the Castle might be recovered ▪ whereupon joyning their forces together , they came and besieged it . The Lord Douglas finding himself straightned , and unprovided of necessaries for his defence , did secretly convey his man Dickson out at a postern or some hidden passage , and sent him to William Willace for aid : Wallace was then in the Lennox , and hearing of the danger Douglas was in , made all the haste he could to come to his relief . The English having notice of Wallace approach , left the siege , and retired toward England ; yet not so quickly but that Wallace accompanied with Sir John Grahame , did overtake them , and killed 500. of their number , ere they could passe Dalswynton . By these and such like means Wallace with his assistance having beaten out the English from most part of their strengths in Scotland , did commit the care and custody of the whole Countrey , from Drumlenrigge to Aire , to the charge of the Lord Douglas . Now howbeit there be no mention of these things in our Chronicle , yet seeing the book of Wallace ( which is more particular in many things ) speakes of them , and the Charter of the house of Siminton descended lineally of the said Thomas Dickson , who for this and his other like services done to this Lord , and afterward to his sonne good sir James , got the 20. mark land of Hisleside , which his posterity doth enjoy still , holding of the Lords of Douglas and Angus , and there is no doubt to be made , but he hath done much more in his assistance he gave Wallace , then is recorded or extant any where , there being no likelihood that in those so busie times , these so valiant and brave warriers did lie idle , though the particulars lie buried in deep silence . And certainly it was not for nought that his lands were burnt by Robert Bruce himself , his wife and children taken prisoners , and brought to the King of England : his wife and children were taken by Bruce himself , by the Lord Clifford . King Edward required him to take his oath of fidelity to the Crown of England , and become his subject , which he utterly refusing to do , his lands were given to the Lord Clifford , and himself committed prisoner , and so he continued to the houre of his death . During which time he never abated any thing of his magnanimous courage and constancie , but shewed himself worthy of his noble progenitours , and no wayes short of whatever worth either they had , or fame hath bestowed on them : So did he also well deserve to be predecessour to such successours , and father to such posterity ; who ( as we shall heare hereafter ) did follow this vertuous example and pattern . How praiseworthy is it in him , that neither the danger of his own person ( being in the hands and power of his enemy ) nor the example of so many as did yeeld to the victorious Conquerour , there being few or none beside William Wallace that stood out against him , no not the desperate case and estate of his Countrey brought to so low an ebbe , could break his resolution to remain firme to his native soyl : Notwithstanding , that by all appearance all was irrecoverably lost , so that his standing out against the King could bring no help to it , and certain enmity ( for ought could be seen ) to himself and his posterity for ever . Setting aside all these regards ( which are so common , and so highly accounted of in this our last age ) not measuring dutie by profit , or commoditie , nor following the common rules of that wisedome which now reignes in the world , which is to respect and preferre our particular before all other things ; but weighing matters in another ballance , and squaring his actions by what was generous and right , rather then that which was gainfull and advantagious for himself : he hath left an example of true wisedome , vertue and honesty ▪ and ▪ of true magnanimitie unto others : he dieth a free man in despite of his enemies , though a prisoner , and beareth witnesse of the liberty of his Countrey , that it did not serve , but was oppressed , convincing the Tyrant of that time of violence , and the Advocates and Proctors , which either he then had , or since have pleaded for him in that debate , of most impudent and manifest lying . And there are some even in our dayes scarce yet ashamed of so shamefull an assertion , as to affirm that Scotland , and some of their Kings have yeelded obedience , and homage , to a forrain Prince , acknowledging him for their Soveraigne . But the truth hereof is , that it hath been oppressed , but never served ; it hath been overcome , and overrunne , but it never yeelded : And in the owne time through constancy and courage , did at last overcome the overcomer , and shake off the yoake of forrainers in spight of all their force and fraud ; whereof as the Lord Douglas in this catastrophe of his life is a pregnant witnesse , so hath he left behind him an honourable memory of an invincible mind , and a lesson for tyrants to teach , and let them see how weake a thing tyranny is , and how small power and force it hath when it meets with true courage , though it were but of one man , who overcomes their force and falshood , with truth and constancy : And certainly this Lords vertue and merits are such , as , how ever those that come after him did fall into more happy times , and had better occasions to show themselves , and to make their actions more conspicuous towards their Countrey : yet , there is no reason why he should be thought inferiour to any one of them , because his fortune was harder then theirs : Nay , he ought rather to be preferred so much the more , as he was more assailed , and compassed about with difficulties , and did wrastle with the necessities of the times without shrinking , or succumbing under the burden : Besides it was he that planted and laid the foundation , upon which they builded so honorable interprises , & did perfect what they had begun . Some write that he being cited by King Edward , with others of this Countrie , appeared upon the citation , and that he was not apprehended by fraud or force , but came of his own accord to Berwick : which if he did , it hath not been to confesse , or acknowledge any servitude , or homage , as due to Edward , or the English , but to plead for the liberty of his Countrey , and to protest and testifie against his usurpation . Others say , that he and the Bishop of Glasgow being ( to avoid the imputation of disloyaltie and treason , of which he would not be partaker ) he came and yeelded himself to the King , which if it be true , was a very honourable and generous fact , remarkable and rare to be found , that no love of his Countrey , nor hatred of tyranny ( so strong and powerfull motives ) could draw him to be partaker of any dishonest action , though against his enemy . Methinks such noble carriage might have procured more noble dealing at King Edwards hands , and have wrung more favour from him , which since it did not , it may be taken as an argument , as want of goodnesse in himself , who had neither judgement to discern in vertue , nor a heart to honour it in others : But for my owne part I thinke it most likely that hee was taken by one means or other , and brought in against his will ; but whether hee were brought in with his will , or came in against his will , that word of yeelding ( which they ascribe to him ) is either very impertinent , or else very warily to be understood ; to wit , for the yielding of his person onely , not of the liberty of his Countrie , which he never yeelded : neither for the acknowledging of any English authority over it or himself which he never would do , but choose rather to die in prison in Hogs towre in Berwick . There are that say he was sent from Barwick to Newcastle , and from thence carried to Yorke , in the Castle whereof he died , and was buried in a little Chappell at the south end of the bridge which is now altogether decayed . His death ( which is reckned of some to have fallen out in the yeare 1307. ) must have been sooner in the year 1302. for his sonne Sir James returned into Scotland in the yeare 1303. when Edward was at Stirling , where the Bishop of Saint Andrewes did recommend him to the King : Now Sir James came not home till he heard newes of his fathers death . It is also said of this Lord , that he had the Isle of Man , whether as heritable possessour , or as Governour onely it is not known ; but it is well known that this Island belonged to the Crown of Scotland , and that the Douglasses have had more then an ordinary interest therein ; Douglas Castle , and Douglas Haven , which carry their names to this day , do beare sufficient witnesse . But whether from this man or some other , is not so easie to determine peremptorily . Of good Sir James , the first James , and , eighth Lord of Douglas . THe next is James , commonly called good Sir James , whom men account as the first , of whom the house of Douglas received the beginning of their greatnesse , which came at last to exceed others so farre , that it did almost passe the bounds of private subjects . He was as we have said already , sonne to the same William by his first wife the Lord Keeths sister : his education in his youth is said to have been in vertue and letters ; first at Glasgowe , aftetwards at Paris : for his father being encombred with warres , and last imprisoned , his uncle Robert Keeth conveyed him away to Paris in the time of Philip le ●…ll , where he remained exercising himself in all vertuous exercise , and profited so well , that he became the most complete , and best accomplished young noble man in the Countrey , or elsewhere . Being certified of his fathers death , the love of his native soile made him to return into Scotland , to order the course of his life , by the counsell and advice of his friends . But when he came home , finding his patrimony disposed by King Edward to the Lord Clifford , and his friends scattered and dispersed , having by his mother some relation of kindred to William Lambert Archbishop of Saint Andrewes , he addressed himself to him , who did receive him kindly , and entertain him nobly ▪ And when King Edward the first was come to Stirling in his last journey ( at what time he in a manner overanne all Scotland , and destroyed the monuments thereof ) the Archbishop going thither to salute him , carried this young man along with him : and taking his opportunity , presented him to King Edward , humbly intreating him to take him into his protection , and to restore him into his fathers inheritance , and imploy him in his service , as a youth of great hope and expectation , and such as might be usefull and stedable if he should be pleased to use him . The King demanded what he was , and having understood what his name and lineage was , and that he was sonne to Lord William , did absolutely refuse to do him any courtesie , or favour , nay he could not abstain from reproachfull and contumelious words against the obstinacy and treason ( so was he pleased to nickname vertue ) of his father , saying , that he had no service for him , nor for any such traitours son as his father was ; that he had given his lands to better men then himselfe , and those that had done him better service then he was able to doe ; and though they had not been given , yet would he never have given them to him . So implacable he was , and such pride had he conceived , with contempt of the deprest estate of this supplicant , little remembring the variablenesse of the estate of man ; and little knowing or considering , what weight and 〈◊〉 may be in one man alone , in whatsoever condition , to 〈◊〉 sometimes , and to help even to disappoint and overthrow the 〈◊〉 of the 〈◊〉 Monarchs . It came even so to passe in this man , who did this Kings sonne and successour such a piece of shrewd service , as he had never the like in all his life : which had been more shrewd , if the 〈◊〉 of his horses , and the undutifulnesse of some Scots , that received him into their Castle of 〈◊〉 , when he fled from Bannockburne , had not stood him in better steed , then all his huge Hoast and rich Kingdome , wherewith he was so puffed up . Whereby Princes and great men may learne , not to despise the meannesse and most afflicted state of any , nor to loose the reins neither to unjust actions , or reproachfull words . Sir James being thus rebuked , what could he do against a King , a Monarch , a victorious and triumphant King ? to whom all had yeelded , with whom all went right well , in his ruffe , in his highest pitch , in his grandor , compassed about with his guards , with his armies : to controll him , he was not able ; to plead for justice , it would avail him nothing ; to reply , could profit him lesse : a Prince , his victors word is a law , nay more then a law for the time . There was no contesting , no contradicting , were his speeches never so unjust : he behoved to swallow this pill ( how bitter soever ) there was no remedy but patience . Nay , the Archbishop must be silent also , and dares not mutter one word , wherefore home he goes with this scorn , to expect a better time of replying : not in words , but deeds , and of showing what service he was able to have done to him . The occasion of which though it were over long in coming in respect of his desire , yet did fall out , not very long after : for within two or three years ( 1305. ) Robert Bruce came into Scotland , not yet a King ( save in courage ) but having right to be King of the Countrey , whom Edward had served in the same kind , and who had received the like answer and scorn in a Petition not unlike , for both did crave their fathers inheritance , Sir James onely a Lordship , and the Bruce a whole Kingdome , which was but his due , and he had done him better service then Sir James . He had fought against his own Countrey for him , spent the bloud of his friends , and his owne , in hope of it ; with great losse to himself , and example to others not to do the like . But neither duety , nor desert , nor promise could oversway his ambition , and master it so farre , as to suffer him to perform what he had promised : and not content to have fed this Prince with the food of fools , faire hopes , and after so much imployment and many notable services , to frustrate him , he must needs also embitter all , with a flouting answer to his demand . To such a height of pride had prosperity raised him , that no modesty could keep him from loosing the reins to an unbridled tongue , which doth never beseem a man , much lesse a Prince : wherefore as hatred and despight did animate him against Sir James , for his fathers refusing to serve him : so ambition did work the same affection in him against Robert , though he had served him ; both were refused of their suits , both their petitions were rejected ; the one with spight , the other with derision . What ( saith King Edward , being urged with his promise of giving the Kingdome of Scotland to Bruce ) N'avons nous antr●… chose a faire , que de conquerir des royaumes pour vous ? speaking in French , Have we nothing else to do , but to conquer Kingdomes for you ? Kings , Potentates , Victors , should not be pressed with their promises : So they think , and so men say ; lawes are not made for them , which they leap over at their pleasure . And it might be thought so perhaps , if their power were perfect , and if there were not a more absolute and over ruling power , that is able to range them under reason . We shall finde it so even in this particular in the owne time , although this were no time for him to reply : no more then it had been for Sir James at Stirling . But the time being now come in the yeare 1305. as said is . But the time being now come , though not so fit as he could have wished , yet as it was he behoved to use it , and make vertue of necessitie . And so withdrawing himself secretly out of England , he came to Dumfreis , and there slew John Cummin his greatest enemy , determining from thenceforth to behave and carry himself as King of this Realme . And here by the way , we may observe Gods providence towards this Kingdome , in preserving the liberties thereof , who had before stirred up William Wallace like another Sampson to vindicate it out of the hand of the English. Now that he is gone , he sends home our lawfull Prince , and righteous successour to the Crown , to fight our battles for us , and to perfect the work which the other had begun ; onely for so much as about this time , John Monteeth under colour of friendship , had betrayed William Wallace into the hands of the English for money ; and he being taken and carried to London , was by King Edwards command , tortured and put to death with great cruelty ; and his armes , and legs , and head , hung up in the most eminent places and Cities both of England and Scotland . Of which fact of Edwards we will say no more , but onely set down thesaid Wallaces Epitaph , which is perfixed to that book that is written of his exploits in Scots rime . The Epitaph is in latine verse , but the Authour is incertain , and the more is the pity , sor he deserves to have been better known . Thus it is , Invida morstristi Gulielmum funere vallam , Quae cuncta collit , Sustulit Et tanto pro cive , cinis ; pro finibus urna est , Frigusque pro loricâ , obit . Ille licet terras loca se inferiora , reliquit : At fata factis supprimens , Parte sui meliore solum , Coelumque perrerat Hoc spiritu , illud gloria . At tibi si inscriptum generoso pectus honesto Fuisset , hostis proditi Artibus , Angle , tuis in poenas parcior esses , Nec oppidatim spargeres Membra viri sacranda adytis , sed scin quid in ista Immanitate viceris Ut vallae in cunctas oras spargantur & horas Laudes , tuumque dedecus . A verse , whereof Buchanan needed not to have been ashamed ▪ Envious Death , who ruines all , Hath wrought the sad lamented fall Of Wallace , and no more remains Of him , then what an Urn contains , Ashes for our Heroe we have , He for his armour a cold grave . He left the earth too low a state , And by his worth o're came his fate . His soul death had no power to kill , His noble deeds the world doth fill With lasting Trophies of his name . O! hadst thou vertue loved , or fame ; Thou couldst not have insulted so Over a brave betraid dead foe , Edward , nor seen those limbs expos'd To publick shame , fit to be clos'd As Reliques , in a holy shrine ; But now the infamy is thine . His end crownes him with glorious bayes , And stains the brightest of thy praise . But to return to our Sir James : he is no sooner advertised of the Bruces arrivall into Scotland , and of the Cummins slaughter , when without either summons or intreaty ( save of his own mind in that common case simpathising with the other ) he resolves to try his fortune in that course with him . But what could he do ( poore Gentleman ) being in such necessity , and destitute of all help : he had neither horse , nor armour ; nor followers for such a businesse : all was gone , and violently taken from him by the iniquity of the times , and the prevailing of the enemie . There was neither friend nor mean left for his provision . Shall he burden Archbishop Lambert ? what could a Prelate do ? what could he , especially being under the beasts feet , as we say , and subject to King Edward ? It is better sometimes to force a friend , then to indanger him . Compulsion may be used where there is perill in the consenting : chiefly if the party be not unwilling , the ground right , and the cause good : otherwise , violence is never to be attempted , neither is iniquity , fraud or falsehood , ( evill and hurtfull courses ) either against private men , or the publick state to be warranted by this example . To it he goes , and robs Lambert of what he durst not give him : he inticeth his servants ; whose hearts did serve them to serve him in that hazard , whom their Lord durst not command to go with him : he takes also some gold from him , and provides himself a horse and armour , and that all might seem to bee done by the strong hand ; and violence might plead for the Bishop at King Edwards hands , he beats the rest of the servants that were left behind , and so goes away with the prey : An honourable robber , and just spoiler ! He meets Robert Bruce at Arickstone in the head of Anandale . If he were welcome or not , I leave it to the consideration of the Reader : he was received as his Cousin , and used as a companion , and continued a faithfull Friend and loyall Subject , so long as their dayes continued , without variance , emulation or jealousie , or grudge on either side . A happy King by such a servant ! A happy servant by such a Prince ! A happy Countrey by such a society and pair of worthy friends ! ( So it is where vertues encounter , begetting mutuall affection , and produce notable effects . ) The Bishop of Rosse John Leslie sayes , that he carried this money to Bruce from the Archbishop , and makes no mention of any force , whose commendation of this James is not amisse to be here inserted . Hoc tempore quidam Jacobus Duglasius , altissimi animi , & ad quaevis pericula subeunda paratissimi adolescens , dum cum animo suo rep●…tat Robertum ( omnibus virtutum ornamentis excultum ) injustis Anglorum armis vexari , & iniquis belli telis configi , ab Episcopo Sancto Andreapolitano , in cujus suit comitatu , pecuniam grandem ad Roberti causam labantem sustentandam impetravit ; illamque illi quam celerrime tulit . Cui in bello strenuam , in pace liberam , in adversis sidelem , in prosperis j●…cundam 〈◊〉 per reliquum vitae curriculum semper post ea navavit . Ab hoc Jacobo clarissima Duglasiorum familia primum suae Nobilitatis nomen accepisse perhibetur . In English thus : At this time one James Douglas , a youth of high spirit , and ready to undergo whatsoever perill , considering with himself how Robert Bruce ( a man adorned with all vertues ) was vexed with the unjust armes of the English , and pursued with warre against all equity : obtained of the Bishop of Saint Andrews ( in whose company he was ) a great summe of money , to uphold the now declining cause of Robert ; which money he carried to him with all diligence , and ever after aided him in his warres valiantly : in peace he was free and upright , pleasant in prosperity , and faithfull in adversity , during all the dayes of his life . From this James the noble family of the Douglasses is counted to have taken the beginning of greatnesse : so farre John Lesley . To return : their efforts at first were of exceeding hard successe . Robert Bruce was crowned at Scone in the yeare 1306. in April , at which Sir James assisted , casting into a heape , as others did , a quantity of earth of his lands of Douglas , which making a little hill , it is called yet Omnis terra . This was the custome of those times , by which homage they that held the King of Scotland Supreme under God , were distinguished from others . Some moneths after the coronation , about the 19. of June , they were defeated in a conflict at Methven by 〈◊〉 de Valence Earle of Pembroke , but without any great losse of men : for they being few in number , and perceiving their inequalitie , fled betimes , while their men were yet in breath and unwearied , having adventured so far rather to trie their fortune , what it was like to prove in their maine intentions , then in hope of victorie , where there was so great odds every way . There were taken at this battell Sir Thomas Randulph a young ftripling , Sir Alexander Fraser , Sir David Barclay , Insh Mairtin , Hugh de la Hay , or Hugh 〈◊〉 , Somervale , and some others , whom ▪ Sir Aimer Valence caused to promise fealty to the King of England , and on that condition saved their lives : especially Randulph , who is remarked after this to have beene very forward for the King of England , till he was taken againe by Sir James Douglas , as we shall heare hereafter . After this battell they retired to the Castle of Kildrummie , where the Queene and divers other Ladies remained in great scarcitie of vivers , being susta●…ned most part by what Sir James Douglas tooke by hunting and fishing . Not long after , as they went by Athole into Argyle , Athole having intelligence of them , invaded them , together with Lorne his sisters , and constrained them to fight at a place called Dalree ( which is to say , The Kings field ) about the twelfth of August ; their fortune was no better then it had beene before , the day was lost , some but not many of their men slaine , they themselves put to flight , and by flight faine to save their lives by lurking amongst the hils for a season in a most desert place , living upon roots and herbs , and lying in the open fields on the bare ground , or among the heath , sometimes but with one , other times with none to attend them , being uncertaine whom to trust , in that frowning of fortune , when commonly there are but few that remain friends , and many become enemies , base minds seeking thereby either to avoid harm , or to gain favour of the stronger . At last finding that they were hotly hunted after , and hardly followed , they thought it their safest way to go to the Western Isles . Lochlowmond lay in their way , whether being come , and having found an old boat , Sir James ( however expert in that Art before ) having learned so much by that great Schoolmaster Necessity , rowed his King over this Lake in a night and half a day . Thus saith the manuscript , but it seemeth rather to have been some other Lake then Lochlowmond , or rather some inlet of the Sea ( which are called sometimes Lakes ) between the main Land and the Isle in which they lurked : because Lochlowmond is of no such breadth , as that it should be esteemed a great matter to row over it in that space : and besides they did row to an Isle where they did rest amongst our Aebudes , to none of which Lochlowmond is adjacent . The Bruces book saith not that they rowed through the Lake to the Isle , but through the Lake to the next land , and then passed to the Sea side where they provided boats in which they sailed to the Isles . It attributes also this rowing to others , then Sir James , though hee were the first finder of the old boate . Thus it went with them , and to such an exigent was the hope of our Countrey brought . Thus we see these great minds , and ( afterwards ) great men in a base , poore , and perillous , but never miserable estate ( which vertue is not capable of ) desolate in it self , destitute of friends , and their first attempts dasht by the mean under Captains of their great enemy King Edward . But ere they have done ; they shall make his successour to flie in the like sort in a small fisher boat , poorely accompanied to save his owne person , after the losse of his army . On such moments do the hopes and fears of mortall men depend , and such vicissitude is the estate of those glorious crowns subject unto , which men do so much affect , with ●…uch travell and turmoil ; as for them , it was not the Crowne onely , but their libertty also , that they suffered for : and not their owne liberty alone , but the freedome o●… their Countrie and Patriots , which they sought to maintain against injustice , fraud and violence . Wherefore we never heare that they fainted at any time , or dispaired any time in the midst of dispair : such force hath a good cause in a good heart , the Authour of goodnesse , no doubt sitting at the rudder of that boat , and preserving the old sheards of it , so that they gave no place to the violence of the waves , and their hearts from yeelding to that despair that every way did assault them , untill he had finished that work he had to do with them ; for recovering the liberty of their Countrey , and beating down the pride of tyranny , that hee might in all this show his own might and prerogative , in casting down and setting up at his pleasure . Such hard beginnings have oftentimes the greatest works , and so little ought either hope or dispaire bee grounded on the first successe . Being landed in this little Isle , which the Bruces book calls Rachrine , ( other Authours name it not ) they remained a while hidden there with a speciall friend of King Roberts ; both the Isle and the man being worthy of more expresse honour , and a perpetuall memory of their names : he for his faithfull friendship , the Isle for its safe receit , and harbouring so good guests , and their good luck after this receit , their efforts from hence forward having been almost ever prosperous . Their safety was ( most part ) in this , that men believed they were not safe ; ceasing to seek those whom ( they thought ) had ceased to be , taking them to have perished , because they appeared no where to the view of the world . Like example is long since recorded of Masinissa King of Numidia : and their lurking doth bring forth the like fruit and effects . But it was not fit for them to lurk too long : their friends might so have been discouraged , and losing hope , have forsaken the cause , whereby the work would have been the more difficult , if not impossible . Therefore to begin again afresh , the King obtains from his good friend some small company of men , and Sir James with fourty of these ( which hee got of the King ) went and tooke in the Castle of Arane by a stratagem . A small , but happy flourishing of a better spring time , after that their tempestuous winter , which shall yeeld a full harvest , and bring forth the ripe fruit of liberty to their Countrey , and the settling of the Kingdome to his master , and his posterity , untill these our dayes , and we hope for ever . Thither came the King also within two dayes ( and hearing of them ) Malcolme Earle of Lennox . These sailed from thence into Carrict , where they tooke a Castle of the Kings proper inheritance , but the Writers do not name it . And here indeed the course of the Kings misfortunes begins to make some halt and stay , by thus much prosperous successe in his own person ; but more in the person of Sir James , by the re-conquests of his owne Castles , and Countries : from hence he went into Douglasdale , where by the means of his fathers old servant Thomas Dickson he tooke in the Castle of Douglas , and not being able to keep it , he caused burn it , contenting himself with this , that his enemies had one strength fewer in that Countrey than before . The manner of his taking of it is said to have beene thus : Sir James taking onely with him two of his servants , went to Thomas Dickson , of whom he was received with tears , after he had revealed himselfe to him , for the good old man knew him not at first , being in meane and homely apparell . There he kept him secretly in a quiet chamber , and brought unto him such as had beene trusty servants to his father , not all at once , but apart and by one and one , for feare of discoverie . Their advice was , that on Palmsunday , when the English would come forth to the Church , being a solemne Holiday , he with his two servants should come thither apparelled like countrey taskers , with mantles to cover their armour , and when he should perceive that the English were in the Church , and his partners were conveened , that then he should give the word , and cry the Douglas slogan , and presently set upon them that should happen to be there , who being dispatched , the Castle might be taken easily . This being concluded , and they come , so soone as the English wer●… entred into the Church with Palmes in their hands ( according to the custome of that day ) little suspecting or fearing any such thing ; Sir James , according to their appointment , cryed too soone ( a Douglas , a Douglas ) which being heard in the Church ( this was Saint Brides Church of Douglas ) Thomas Dickson , supposing he had beene hard at hand , drew out his sword , and ran upon them , having none to second him , but an other man , so that oppressed with the multitude of his enemies , he was beaten downe , and slaine . In the meane time Sir James being come , the English that were in the Chancel kept off the Scots , and having the advantage of the strait and narrow entrie , defended themselves manfully . But Sir James encouraging his men , not so much by words , as by deeds and good example , and having slain the boldest resisters , prevailed at last , and entring the place , flew some 26 of their number , and tooke the rest , about 10. or 12. persons , intending by them to get the Castle upon composition , or to enter with them when the gates should be opened to let them in : but it needed not , for they of the Castle were so secure , that there was none left to keepe it save the porter and the cooke , who knowing nothing of what had hapned at the Church , which stood a large quarter of a mile from thence , had left the gate wide open , the porter standing without , and the Cooke dressing the dinner within . They entred without resistance , and meat being ready , and the cloth laid , they shut the gates , and tooke their refection at good leasure . Now that he had gotten the Castle into his hands , considering with himselfe ( as he was a man no lesse advised then valiant ) that it was hard for him to keep it , the English being as yet the stronger in that Countrey , who if they should besiege him , he knew of no reliefe ; he thought better to carry away such things as be most easily transported , gold , silver , and apparell , with ammunition and armour , whereof he had greatest use and need , and to destroy the rest of the provision , together with the Castle it selfe , then to diminish the number of his followers , for a garrison there where they could do no good . And so he caused carrie the meale and malt , and other cornes and graine , into the Cellar , and layd all together in one heape : then he took the prisoners and slew them , to revenge the death of his trustie and valiant servant Thomas Dickson , mingling the victuals with their bloud , and burying their carcasses in the heap of corne : after 〈◊〉 〈◊〉 struck out the heads of the barrells and puncheons , and let the drink runne through all , and then he cast the carkasses of dead ho●…ses and other carrion amongst it , throwing the salt above all , so to make altogether unusefull to the enemie ; and this Cellar is called yet the D●…glas Lairder . Last of all , he set the house on fire , and burnt all the timber , and what else the fire could overcome , leaving nothing but the scorched walls behind him . And this seemes to be the first taking of the Castle of Douglas , for it is supposed that ●…e took it twice . For this service , and others done to Lord William his father , Sir James gave unto Thomas Dickson the lands of Hisleside , which hath beene given him before the Castle was taken , as an encouragement to whet him on , and not after , for he was 〈◊〉 in the Church : which was both liberally and wisely done of him , thus to hearten and draw men to his service by such a noble beginning . The Castle being burnt , Sir James retired ▪ and p●…ting his men into divers companies , so as they might be most secret he caused cure such as were wounded in the fight , and he himselfe kept as close as he could , waiting ever for an occasion to enterprise something against the enemie . So soone as he was gone , the Lord Clifford being advertised of what had happened , came himselfe in person to Douglas , and caused re-edifie and repair the C●…le in a very short time , unto which he also added a Tower , which is yet called Harries Tower , from him , and so returned into England , l●…ving one Thruswall to ●…e Captain thereof . Sir James his men being cured of their wounds , and refreshed with rest , he returned again to the King , at what time he was ready to fight with Sir Aymore 〈◊〉 , the Lord of Lorne , and Sir Thomas Randulph , at Cumnock . The King had not above 400. men , so that being almost encom●…ed by the 〈◊〉 〈◊〉 he was aware , he was forced to forsake the field , having lost his Banner , which was taken by Sir Thomas Randulph , ●…y which he got great credit with King Edward . King Robert in his flight , or retreat , divided his men into three companies , that went severall wayes , that so the enemie being uncertaine in what company he himself were , and not knowing which to pursue rathest , he might the better esc●…e . When the●… were all come againe to the place of their rendezvous , which the King had appointed when he divided them , Sir James Douglas perswaded the King to set upon a company of the enemies , who were very securely lying by themselves farre from the body of the Army , without feare of any danger which the King did , and having slaine 200. of them , he scattered the rest . After this , Sir Aymore Valence ( being then Warden for King Edward in Scotland , and residing himselfe at Bothwell ) sent Sir Philip Mowbray with a company of men , about 100. into Coile and Cunninghame , to 〈◊〉 the Inhabitants in their obedience to England , whereof when Sir James Douglas had notice , and knowing the way by which they must go ( called 〈◊〉 way ) he lay in a straight foord betweene two marishes , called 〈◊〉 , accompanied with some 40 , choice men , and there rising up of a sudden , 〈◊〉 Sir Philip was aware , they routed his men , and chased himselfe , who did escape very narrowly , for he left his sword with them , and fled alone to Kilmarnock and Kilwinnin , the rest back to Bothwell . This was before the battell of Lowdoun hill , where both the King and Sir James were present , at which they defeated Sir Aymore Valence and 3000. men , they having onely 500. which Sir Aymore tooke so to heart , that he retired himselfe into England , where he gave over his charge of Warden , and never returned into Scotland againe with any command , except it were when the King came in person . The English Chronicle sayes that the King discharged Sir Aymore who was Earle of Penbrooke , and placed John de Britton in his office , and made him Earle of Richmond . These particulars I cannot ghesse why they should have beene omitted by our Writers , being so remarkable defeats , where diligence , dexteritie , and valour , have beene used with wisedome and judgement . However , upon this withdrawing and departure of Sir Aymore Valence , King Robert being rid of the greatest danger , makes toward Innernesse , leaving Sir James behinde him , to recover such places as were still in the enemies hands . He therefore getting him into Douglasdale , did use this stratagem against Thruswall Captaine of the Castle of Douglas , under the Lord Clifford : hee caused some of his folkes drive away the cattell that fed neare unto the Castle , and when the Captaine of the garrison followed to rescue , gave order to his men to leave them , and to flee away . This he did often , to make the Captaine to slight such frayes , and to make him secure , that he might not suspect any further end to be in it : which when he had wrought sufficiently ( as he thought ) he laid some men in ambuscado , and sent others away to drive away such beasts as they should finde in the view of the Castle , as if they had been theeves and robbers , as they had done often before . The Captaine hearing of it , and supposing there was no greater danger now then had beene before , issued forth of the Castle , and followed after them with such haste , that his men ( running who should be first ) were disordered and out of their ranks . The drivers also fled as fast as they could , till they had drawne the Captaine a little beyond the place of the ambuscado ; which when they perceived , rising quickly out of their covert , set fiercely upon him , and his companie , and so slew himselfe , and chased his men back to the Castle , some of which were overtaken and slaine , others got into the Castle , and so were saved ; Sir James not being able to force the house , took what bootie he could get without in the fields , and so departed . By this means , and such other exploits , he so affrighted the enemie , that it was counted a matter of great jeopardie to keepe this Castle , which began to be called the adventurous ( or hazzardous ) Castle of Douglas : whereupon Sir John Walton being in suit of an English Lady , she wrote to him , that when he had kept the adventurous Castle of Douglas seven yeares , then he might thinke himselfe worthy to be a sutor to her . Upon this occasion Walton tooke upon him the keeping of it , and succeeded to Thruswall , but he ran the same fortune with the rest that were before him . For sir James , having first dressed an ambuscado neare unto the place , he made fourteen of his men take so many sacks , and fil them with grasse , as though it had been corn , which they carried in the way toward Lanerik , the chief market town in that County : so hoping to draw forth the Captain by that bait , and either to take him , or the Castle , or both . Neither was this expectation frustrate , for the Captain did bite , and came forth to have taken this victuall ( as he supposed . ) But ere he could reach these carriers , Sir James with his company had gotten between the Castle and him : and these disguised carriers , seeing the Captain following after them , did quickly cast off their upper garments , wherein they had masked themselves , and throwing off their sacks , mounted themselves on horseback , and met the Captain with a sharp encounter , being so much the more amazed , as it was unlooked for : wherefore when he saw these carriers metamorphosed into warriours , & ready to assault him , fearing that which was , that there was some train laid for them , he turned about to have retired to the Castle , but there also hee met with his enemies ; between which two companies , he and his whole followers were slain , so that none escaped ; the Captain afterwards being searched , they found ( as it is reported ) his mistresse letter about him . Then hee went and tooke in the Castle , but it is uncertain ( say our writers ) whether by force , or composition ; but it seems that the Constable , and those that were within have yeelded it up without force ; in regard that hee used them so gently , which he would not have done if he had taken it at utterance . For he sent them all safe home to the Lord Clifford , and gave them also provision and mony for their entertainment by the way . The Castle which he had burnt onely before , now he razeth , and casts down the walls thereof to the ground . By these and the like proceedings , within a short while he freed Douglasdale , Atrick forrest , and Jedward forrest , of the English garrisons and subjection . But Thomas Randulph , Alexander Stuart Lord of Bonckle , and Adam Gordone , being Englized Scots , concluded to gather together their forces , and to expulse him out of those parts . Now it fell so out , that Sir James , intending to lodge at a certain house upon the water of Line , and being come hither for that purpose , by chance all these three were lodged in the same house before he came , which drew on a skirmish betwixt them , in which Alexander Stuart Lord of Bonckle , and Thomas Randulph , were taken prisoners , and Adam Gordone saved himself by flight . This peece of service was of no small importance , in regard of the good service done to the king by Thomas Randulph , both while the King lived , and after his death when he was regent , which all may be ascribed to Sir James , who conquered Randulph to the Kings side . With these his prisoners he went into the North , as farre as the Mernes , where he met the King returning from Innernesse , of whom he was heartily welcomed , both for his owne sake , and because he had brought him his Nephew Randulph , whom the King did chide exceedingly . And he again reproved the King out of his youthfulnesse and rash humour , as though he did defend the Crowne by flying , and not by fighting ; wherefore hee was committed to prison , thereafter pardoned ; and being made Earle of Murray , he was imployed in the Kings service . This is related in the Bruces book , and hath nothing fabulous or improbable in it : and therefore it ought not to ●…e flighted : Especially seeing , as I am informed , the Book was 〈◊〉 by a man of good knowledge and learning , named master John Barbour ; Archdeacon of Aberdene ; for which work he had a yearely pension out of the Exchequer during his life , which he gave to the Hospitall of that Towne , to which it is allowed and paid still in our dayes . He lived in the reigne of David the second sonne , and successour to King Robert Bruce . Sir James was with the King at Inverourie ( ten miles from Aberdene ) against John Cummine Earle of Buchan , who was there defeated on As●…ension day , in the yeare 1308. From thence Sir James went with him when he recovered Argyle ; the Lord whereof had once comed in to the King , but was now revolted to the English side . And likewise at many more journeyes and roads , both in Scotland , and England , Sir James did ever more accompany him . In the year 1313. hee tooke in the Castle of Roxburgh , called then Marchmouth , whilest the King was busie about Dumfrees , Lanrick , Aire , and others ; and while Sir Thomas Randulph was lying at the Castle of Edinburgh : The manner of his taking of it was thus ; about Shrovetide which is a time of feasting and revelling , he with sixty more , having covered their armour with black , that they might not be discovered by the glittering thereof , went in the forenight toward the Castle ; & when they came neare to it they lay along , and crept upon their hands , and feet , through a bushie piece of ground , till they were come close to the foot of the wall . Those that did watch upon the Castle wall espied them ; but the night being dark , and by reason of their creeping they tooke them to have been cattell : for they at the foot of the wall heard the watchmen , ( there being two of them ) saying the one to the other , my neighbour such an one ( naming him by his name ) means to make good chear to night , that he hath no care of his cattell , but leaves them thus in the fields all the night : to whom the other replied , hee may make good chear this night , but if the Douglas come at them , he will fair the worse hereafter ; and with this discourse they went their way . Sir James and his men having heard this conference , were very well pleased withall , and glad to be so mistaken : they laddered the walls with ladders of cords , made by one Simon of the Leadhouse , who was also the first that adventured to scale with them himself alone , both to trie how they would hold unbroken , and to view what guard and watch was kept above . The man that stood sentinall saw him well enough , but because there were no more with him , he gave no alarum , but stood watching to have catched him on the top of the ladder , thinking to have knockt him down , or to have tumbled him headlong over the wall : but the other prevented the danger , and leaping in nimbly upon him ere he was aware , stabbed him with a knife , and threw him over the wall amongst his fellowes , to whom he called to make haste up , assuring them the coast was clear : but ere they could come up , another of the watch coming about , and perceiving a man standing on the wall , made towards him , but Simon dispatched him also . And now the rest of his companions were got up also , who marching towards the hall , they found the English at their shroving , eating , and drinking , and piping , and dancing . They entred the hall , he had but easie work of it , to do with them what he listed , being most of them drunke , and all of them unarmed : Onely the Captain ( Guillaum de fermes ) fled into the great tower being dangerously hurt with the shot of an arrow , where he remained safe all that night , but the next morning hee yeelded himself because of his wound , upon condition that his life should be safe , and his person safely set on English ground , which was willingly granted , and faithfully performed . But hee lived not long after , his wound being deadly and uncurable . Thus was the wheel of worldly affairs ( vvhich men call fortune ) so vvhirled about by the King , and his partners , that in this yeare 1313. being the seaventh from his Coronation , and the fifth or sixth from the beginning of the course of his victories , there vvas not one strength remaining in the possession , or povver of the English , save Dumbartane Castle ( which was afterward yeelded up by John Monteeth upon composition ) and Stirling , which at this present was besieged by Edward Bruce the Kings brother . To relieve Stirling , and to raise the siege thereof , King Edward the second came in proper person , and thereon insued the battell of Bannockburn ; a battell so famous and memorable , as few the like have happened in any age ; where there were two Kings present , the ods so great , and the defeat so notable . The English King did bring into the field all that he was able to make , not onely of English , but of his beyond sea dominions ; neither of those that were his owne Subjects onely , but hee was also aided and assisted by his friends and confederates , in Flanders , Holland , Zeland , Brabant , Picardie , Gascony , Normandy , Guien , Bullonois , and Burdeaux ; of these and his owne Countreymen , he had in all 150000. fighting men , to place them in the middle number , which some say was but half the number , and that he had 300000 of the whole , in equall proportion of foot and horse ; intending to have exterminated the whole nation of Scots , with so confident a presumption of victory , that he brought with him a Carmelite frier ( a Poet according to the time ) to commit his triumphs to writing : he was defeated by 30000 or 35000 at the most ( as all agree ) and that in a plain and open field , where there was slain of his men 50000. It was fought the 22 of June , 1314. Sir James being present at this Battell , did carry himselfe so before the fight , in the fight , and after it , as that his behaviour is not to be slightly slipped over with a dry foot ( as we say ) but particularly to be noted ▪ both for his owne honour ( for it is indeed worthy of perpetuall honour and praise ) and for a patterne to be followed by others , especially by all such as set their hear●…s and minds to follow vertue , and to seek true glory , which ariseth from vertue . Before the battell , we have his kindnesse , love , and care of his friend , or ( as some will have him to be ) his emulous Competitor , joyned with true magnanimitie in his demeanour towards Thomas Randulph : for King Robert having sent Randulph with 500. horse to oppose the Lord Clifford with 800. who was making toward the Castle of Stirling ; Sir James carefull for his friend in respect of this ods in number , first very orderly sought leave of the King to go to his succours , but after the King had refused him , he went out without leave ; which though it were a kinde of breach of militarie discipline , yet it shewes how dearly he loved the man , that for his sake he would thus tran●…gresse the order of the warre , and to take his hazzard of the Kings displeasure , rather then to fo●…sake him in this great danger , as he took it to be . And as he shewed his love and kindnesse in this ( a vertue of great price , and greatly to be commended ) so did he also his modestie , courtesie , and magnanimitie ( all three concurring in one fact , and much more commendable ) in that hee seeing his friend to have the better of the enemie , stood aloofe as a spectator , for feare to impaire his glory in that victorie ▪ by being a sharer with him therein . Weake mindes seeke to participate of other mens glory , and for want of worth in themselves thrust in with others . Base and meane spirits are wont to lessen and diminish the actions of others , because they have no hope to equall them . Malignant dispositions envie them , and approve of nothing but what is their owne , and would have it thought that they onely are able to do all things , and that none besides them can do any thing . As these vices were here farre from this man , so should they be as farre from all others : and as the contrary vertues did shine in him , so let them also doe in us . And thus he behaved himselfe before the Battell . In the Battell he with Randulph had the leading of the Vantguard , wherein he discharged himselfe so well , that for his good service he was knighted in the field . This honour in those dayes was given for desert , and was a badge and seale of valour , not of favour or riches , as now it is for the most part : neither was it so ordinary and common as now it is , and by commonnesse prostitute as it were , and dis-esteemed . But that it was in great esteeme of old it appeares by this , that notwithstanding this mans predecessours , and himselfe also ( as his evidents do witnesse ) were Barons and Lords , yet he thinks it no disparagement to be knighted , and did choose rather to be known and designed by that title , than the other ; so as he was commonly called Sir James Douglas , rather then Lord Douglas . And indeed we have found that even Princes and Kings have taken upon them this order , not as any diminution of their place , but an addition of honour , seeing by it they were received into the number and rank of military men and Warriours ; their other titles shewing more their dominion and power , or place , then their valour and courage . Wherefore we reade how Edward Prince of Wales was knighted when he was sent against King Bruce : So Henry the second , being then Prince of England , received the honour of Knighthood from David King of Scotland , his grand Uncle , as from one that was the best and worthiest man in his time . Then it was that he tooke his oath , that he should never take from the Crowne of Scotland , the Counties of Northumberland , Westmoreland , Cumberland , and Huntingdon . This cremonie vvas performed vvith great solemnitie and pomp in those dayes , as our Writers observe : so honourable vvas it then ; and of late it vvas thought so too : for the Earle of Clanrikart ( chiefe of the Bourks in Ireland ) having done a piece of notable service to Queene Elisabeth at the siege of Kinsoile , and at an encounter betvvene the Lord Deputies Army vvith the Irish Rebels , vvas knighted by the Lord Mon●…joy , then Generall Lieutenant for the Queene . Neither should any abuse discredit it novv . Nor can it diminish the honourablenesse thereof in our Sir James , who is able to honour it rather by his worth . After the battell he is as diligent ( as he was both diligent and valorous ) in it . This is a vertue which hath been wanting in great Commanders , and hath been marked as a great defect in them . It was told Hanniball that great Carthaginian to his face : Thou canst obtain , but not use a victory , nor prosecute it to thy best advantage . Sir James did not so , but as farre as he was able , with such companies as hee could gather together , and with as much speed as was possible for him , hee followed King Edward to have done him service , though his father Edward the first would have none of it , and set it at nought . But he was gone ere Sir James service came to the best : Now hee would gladly have showne what it was worth to his sonne and successour ( the second Edward ) in most humble sort , though it had been to have pulled off his boots ( no question ) but his Majestie had no mind to stay for him , who notwithstanding made all the haste he could to have overtaken him , and followed him with foure hundred horse more then fourty miles from Bannockburne , to Dumbarre Castle , into which hee was received , and so escaped . The next was to wait upon him in his way to Berwicke , which he did ; but the King nothing well pleased with the service hee had done , and expecting rather worse then better , seeing his importunity , and that other wayes he could not be rid of him , went by sea to Berwicke in a small fishers boat or two , with a very thinne train to attend him : not unlike unto Xerxes who a little before was so proud of his huge army , is now become the scorne of his contemned and threatned enemies , a spectacle of pride , and an example of presumptuous confidence unto all ages . Wee told before hovv his father had driven King Robert and Sir James to the like shifts and straits , but theirs vvas not so shamefull . A Christenmasse feast may be quit at Easter , sayes our Proverb , vvhich they do here verefie by this requitall : And this vvas all the service Sir James could do to King Edward at this time : but aftervvards vve shall heare vvhat service he shall do , if not to himself , yet to his sonne , Edward the third , at Stanhop Parke some few yeares after this . In the mean time let us behold our Scots , enjoying there renowned and honourable victory , which cannot bee denied to have been such , nor cannot be by envy it self . Their spoil and prey was great and rich , their prisoners many , and their ransomes proportionable . The Queen ( King Roberts wife ) was restored by exchange , and for her an English Nobleman set free without ransome : And as their joy was great , and their gaining not small , so was both the grief of the English , their shame and their losses . Their were slain of note in the field 200 Knights , together with the Earle of Glocester , and Sir Giles of Argentine ( whose death was lamented by King Robert very much ) and of prisoners very nere as many , of which the chief were the Earle of Hartford , who fled to Bothwell , and was received by Sir Gilbert Gilbaston captain thereof , ( as the Bruces booke sayes ) Sir John Segrave , John Clattengrave ( perhaps Cattegrave ) William Latimer , Sir Robert Northbrooke ( Lord keeper of the broad seal ) and Sir Ralph Mortimer , who had married the Kings sister . Mortimer was dimitted ransome-free , and obtained the Kings broad Seale at Bruces hands . These and many other prisoners of divers nations thus dismissed , are as many witnesses of the Scottish valour in the fight , and of their mildnesse and humanitie after it , who used these their so spightfull enemies no worse , who if they had overcome , would have used another kinde of cruelty , as they had both determined and threatned unto them . Amongst other Forreiners , there were two Holland Knights , who being in King Edwards Army before the battell , and hearing the bravery and brags of the English , and their spightfull railings against King Robert , had wished him good luck . These were turned out of the English Camp , and sent unto the Scottish , bidden in scorne to go and fight with them whom they wished so well , with a price set upon their heads to him that should either kill or take them prisoners in the battell . Their heads neverthelesse were safe , and themselves did partake of the good fortune they had wished ; and when they came home into their owne Countrey , they built a lodging , naming it Scotland , upon which they set up the Scottish Armes , and King Roberts statue in Antwerp , as a monument of that notable victorie ; which remained there many yeares after . The Carmelite also changed his note , singing their victorie , whose overthrow he came to set forth ; and chaunting their discomfiture , whose praises he was hired to proclaime . Thus he began his Ditty . De planctu cudo metrum cum carmine nudo , Risum detrudo , dum tali themate ludo . In English thus : With barren verse this mournfull rime I make , And am but laught at , while such theme I take . Let us here consider the meanes and wayes of both sides , we shal finde on the one side confidence of their power , and a contempt and slighting of the enemie , which seldome falls well , because from thence there ariseth commonly sloth , negligence , disorder , and confusion ▪ on the other side we may see carefulnesse , diligence , order , and exhortation , all possible meanes used both humane and divine : wisedome joyned with religion , and prayer , and what pious formes were then in use . They digged trenches and ditches , which they covered with greene turfe , for the horsemen to fall into , and did knit together and twist as it were a net of crosse ropes to entangle the footmen : which stratagems being seconded with true courage , resolution , and valour of the common souldiers and Commanders , together with the device of those that were set to keep the baggage , the sculs , and grooms , who made showes and musters , as if they had beene another armie ( of their owne head , without the direction of any ) were the chiefe meanes of the victorie . For the first was the overthrow of the men at armes , and barbed horses , and the second the bane of the middle battell of the English , who seeing this trap laid for them , fled presently , and turned their backs . But above all these , the principall and prime cause was even the Lord of hosts , who guided all these , and gave successe unto them . Let no mortall man ever think other of any his enterprises , or that any man , however wise , provident , or valorous , can use his wisedome providence , or valour , or whatever other vertue he hath , to any purpose , or succesfully , unlesse it be given him in the very instant of using it . A lesson much inculcat , but little learned ; often approved by experience , but seldome marked ▪ or soone forgotten ; at least little appearing by our practice , and which doth produce no other effect but a superficiall acknowledgement , and slender confession thereof . But to returne to our Douglas : though the King himselfe did thus escape his service , yet out of all doubt he hath beene imployed against his subjects , seeing our Historians doe tell us , that after this battell there were divers incursions made into England , for which they never stirred , but sate quiet for 2. or 3. yeares : howbeit there are no particulars set downe . In the yeare 1316. King Robert Bruce went into Ireland to support his brother Edward Bruce made King of Ireland ; and King Edward of England thinking this a fit opportunity for him to be revenged on the Scots , did levie a great Armie , and came to the borders of Scotland , hoping to doe some notable exploit now in the Kings absence . But many things faile that are intended , and princes as well as others may be disappointed of their purposes , and frustrate of their hopes . It seemes he had forgotten , or not well considered what a Lieutenant he had left behinde him , and how good a second Sir James had alwayes beene to his master the King. But howbeit he knew it not perhaps , or would not take any notice of him , yet King Robert knew it full well , and put such trust and confidence in his well knowne worth and sufficiencie , that he durst go abroad out of his owne Kingdome , and hazzard himselfe and the flower of the youth in Ireland , concrediting the Countrey unto his care and conduct , leaving him Governour in his absence , and entailing the Crowne unto him next unto Thomas Randulph , by making him Protectour of the young King during his minority , if he himselfe should happen to die in that voyage , as the blacke booke of Scone doth witnesse . And indeed Sir James did not deceive the Kings expectation and trust , neither did King Edward finde him asleepe , but watchfull and diligent in his charge , as became a good Governour : for he raised an Army to give him battell , and put both him and his people to flight , slew three notable Captains with his owne hand , Sir Edward Lillow a Gascoine , Captaine of Berwick ; others call him Callock , and say that he was slaine at the rescue of a bootie which he had taken in the Merse and Tivedale ; which narration agreeth with the Bruces booke , which calls him Edmond de Callock . The second was Sir Robert Nevill , and the third a Nobleman whom they doe not name , onely they say that Sir James slew him with his owne hand : but the Bruces booke calls him John de Richmond , and sayes he slew him in Jedward Forrest , in the midst of his Armie , Sir James having very few with him , not above fiftie horse , and some Archers , in a strait Cleugh or Valley , betweene two hills , which he had of purpose taken as a place of advantage ; and tying together the young birk trees by their boughs in the way by which the English were to passe , the horsemen being entangled in the thickets , he set upon them and defeated them . From hence it is that some think the Earls of Douglas and Angus have stakes & rice in their Coat of Armes ; yet such points of Heraldrie are hard to interpret and give a reason for them . This was the second peece of service that he did to King Edward himselfe ( say some others ) but others say that the King was not there in person , but sent a great Army commanded by divers Captains , with whom Sir James fought in three severall battells , at three sundry times , and slew all their Chieftains , with most part of their companies . Others againe a●…irme that in every one of those battels he slew the Commander with his owne hand in sight of both Armies , the which whatsoever way it was , the victorie was notable and glorious . And thus did he governe in the Kings absence . He had beene a good subject before when the King was present , now we see how well he governes when he is absent , and at his returne laying downe his authoritie , and returning to his former subjection , he proves as good a companion and colleague unto Thomas Randulph ( then made Earle of Murray ) with whom the King did joyne him for the prosecuting of the warres . It is seldome found that these vertues are so happily linked together in one person , abilitie to governe , and willingnesse to be subordinate , and obey ; excellencie of parts , and patient enduring of an equ●…ll and companion . I have often observed and admired it in these two ( the ground whereof seemes chiefly to have beene in Sir James his love and modestie , as we observe in his carriage towards this man at Bannockburne ) that in all their joynt-services , being equall in authority , and both commanding in chiefe , we never heare of any question , controversie , or debate , of any grudging or heart-burning betweene them , but find them ever agree and concurre , without any dissention or variance , with one heart and minde ( as if they had beene one man ) in all businesse whatsover . Their first association ( after the Kings returne out of Ireland ) was when they went and burnt Northallerton and Burrowbrigs , and spoyled Rippon , where they spared the Church , onely they caused those that fled thither to pay 5000. marks sterling to be free . They burnt also Scarborough towne , and hearing that the people had fled into the woods with their goods and cattell , they went and searched them out , and brought away a great bootie . Then returning home by Skipton in Craven , they spoyled the Towne , and after burnt it without resistance . This was in the yeare 1318. in May. The next was in the year following . 1319. when King Edward having gathered an army lay before Berwick . These two entred England as farre as Milton , which is within 12. miles of York , where the Archbishop of Yorke , and the Bishop of Ely Chancellour , made head against them ; in which conflict there were foure thousand English slain , amongst whom was the Major of Yorke , and a thousand drowned in the water of Swail , and if the night had not come in too soon , the battell being joyned in the afternoon , few or none of them had escaped as it is thought . It is called the battell of Milton or Swail , or the white battell , because there were a number of Priests slain at it , belike they have been apparelled in their surplices . Hollinshed in his Chronicle of England , relateth the manner how it was done : He sayes that as the English men passedover the water of Swale , the Scots set fire upon certain stacks of hay , the smoke whereof was so huge , that the English might not see where the Scots lay . And when the English were once gotten over the water , the Scots came upon them with a wing in good order of battell in fashion like to a shield , eagerly assailing their enemies who were easily beaten down , and discomfited . Many were drowned by reason that the Scots had gotten betwixt the English and the bridge , so that the English fled betwixt that wing of the Scots , and the main battell , which had compassed about the English on the one side ▪ as the wing did upon the other . The King of England informed of this overthrow , brake up his siege incontinently , and returned to Yorke , and the Scots home into their Countrey of Scotland . Their third expedition was that same yeare at Hallowtide , when the Northern borders of England had gotten in their cornes , and their barns were well stuffed with grain , which was their provision for the whole yeare . They entred England and burnt Gilsland , tooke divers prisoners , and drave away all the cattell they could finde . Then they went to Brough under Stanmoore , and returned by Westmooreland , and Cumberland , with great booty and spoil , none offering to make head against them . The fourth was in the yeare 1322. when the King of England grieved with these invasions , having complained to the Pope , had purchased a Legate to be sent into Scotland , to admonish King Robert to desist from further disquieting the Realme of England , and because he would not obey , he with Sir James Douglas , and Thomas Randulph , were accursed by the two Cardinalls , the Archbishop of Canterbury , and York , and all the Priests in England , every day thrice at Masse . These two , Sir James Douglas and Randulph ( some say the King himself ) following the Legate at the heels ( as it were ) entred England , little regarding their cursings , and wasted the Countrey to the Redcrosse , and coming to Darlington at the feast of Epiphanie , stayed there a while for gathering of booty , and destroying the Countrey : The Lord Douglas on the one hand , and the Lord Stuart of Scotland on the other ; the one going towards Hartelpool and Caveland , and the other towards Richmond . The inhabitants of Richmond-shire , having no Captains to defend them , gave a great summe of money ( as at other times they had done ) to have their Countrey saved from fire and spoil . These adventurers stayed 15 , dayes in England , and returned without battell . It is said that the Knights of the North came to the Duke of Lancaster , then lying at Pomphret , and offered to go into the field with him against the Scots , but he refused ; whether by reason of the discord between him and K. Edward , or for some other occasion I know not . At this time it is , that the King gives to Sir James Douglas a bounding Charter of Douglasdale , dated apud Bervicum super Tuedam anno Regni nostri decimo quinto , which is either the yeare 1320. or 1322. the first of April . It bears Jacobo de Douglas , filio & haeredi Gulielmi Douglas , militis , which decides the question of his age , and his brother Hughes , who outlived Sir James 12. or 13. years , and calls himself his heire , as shall be showne . It hath also this clause , Volumus insuper , &c. wee will also , and grant for us and our heires , that the said James and his heires shall have the said lands free , ab omnibus prisiis , & petitionibus quibuscunque ita quod nullus ministrorum nostrorum in aliquo se intromittat infra dictas divisas ; nisi tantum de articulis specialiter ad coronam nostram pertinentibus . To return , King Edward conceived such discontent , and was so grieved at this so wasting of his Kingdome , that he gave order to levie an army of 100000 ▪ to enter Scotland at Lammas : whereof K. Robert being advertised , entred England neare to Carlile ; and burnt some towns which belonged to King Edwards own inheritance , spoyled the Monastery of Holme , where his fathers corps were interred . Hither the Earle of Murray , and Sir James Douglas came to him with another army , whereupon marching further Southward , they came to Preston in Andernesse , and burnt all that towne also , except the Colledge of the Minorites . This was fourescore miles within England from the Borders of Scotland . Then they returned with their prisoners and booty to Carlile , where they stayed some fourteen dayes , wasting and destroying all about with fire and sword , and so they returned into Scotland on Saint James day , having remained within England three weeks , and three dayes , without any opposition or resistance . They were not long at home when K. Edward entred into Scotland with his army , and passed to Edinburgh , but for want of victualls ( which were conveyed out of the way of purpose by King Roberts command and direction ) he was forced to make a retreat , and goe home the way he came , having discharged his choller with what he could meet with in his return . But hee was quickly followed by the two Colleagues , Sir James and Randulph , who entred England , burnt North-Allerton , with other townes and villages as farre as Yorke ; and overtaking the King at the Abbey of Biland , gave him battell , and defeated him . There was taken John Britton Earle of Richmond , who had also the Earledome of Lancaster : he being ransomed for a great summe of money , passed over into France , where he remained , and never came back again into England . The English Chronicle to excuse this defeat , layes the blame hereof upon Andrew Barkeley Earle of Carlile , whom ( they say ) Sir James Douglas corrupted with money , upon which pretext Barkeley was executed , suffering ( good Gentleman ) to cover other mens faults . It doth me good to heare Master John Major answer the English Writers in his round and substantiall manner : It is but a dream ( saith he ) and spoken without all likelihood , for neither were the Scots ever so flush and well stored with moneyes as to corrupt the English , neither was that the custome of good Sir James Douglas , a valiant Warriour , who did what he did , not with gold but with another mettell , sharpe steele . The Earle of Carlile also died without confessing any such thing . Some write that King Robert was there in person , but it is more likely that he was not , but sent these two , of whom we have spoken : however , if he were there , these two were with him . At this battell Sir James tooke three French Knights , Robert Bartrame , William Bartarhome , Elye Anyallage , with their vallats ; for whose relief the K. of France requested K. Robert , and hee willing to pleasure him , transacted with Sir James to give him for their ransome foure thousand markes starling , for payment of a part of which summe , the K. giveth to him the next yeare appearently . ) Indictamenta Latrociniorum , & Ministrationem eorundem in omnibus , infra omnes terras suas subscriptas : Scilicet infra . 1. Baroniam de Douglas . 2. Forrestiam nostram de Selkirk , de qua est officiarius noster . 3. Constabularium de Lauderio . 4. Forrestiam de Jedworth cum Benjedworth . 5. Baroniam de Batherewle . 6. Boroniam de Wester-Calder . 7. Baroniam de Stabilgorthane . 8. Baroniam de Romanok . Then in generall , Et infra suas terras quascunque , infra regnum nostrum , cum pertinentibus , quas de nobis tenet in capite . Then followes the Privelledge . Etsi a●…qui de hominibus suis , infra praedictas terras , fuerint judicati per Justitiarium nostrum ; volumus quod dictus Jacobus , & 〈◊〉 sui , & eorum ministri habeant Liberationem , & liberam eorundem ministrationem , salvis nobis , & haeredibus nostris omnibus aliis particulis ad homicidium & coronam nostram pertinentibus . Tenenda , & habenda praedicta indictamenta , cum administratione eorundem , & cum omnibus libertatibus commoditatibus ad praedicta indictamenta , & administrationem eorundem 〈◊〉 , praefato Jacobo , & haeredibus suis in feudo & haereditate in perpetuum de nobis & haeredibus nostris . Volumus insuper & 〈◊〉 pro nobis & haeredibus nostris , quod praefatus Jacobus & haeredes sui , & eorum homines infra praedictas terras manentes Libri sint infuturum , de sectis curiae , de omnibus terris supradictis , & de Wardis castrorum , nec non de omnibus presis ; talliagiis curiagiis & captionibus quibuscunque ad opus nostrum , & haeredum nostrorum , salvo tantum communi auxilio pro defensione regni nostri contingente . Et ut praesens charta robur firmitatis obtineat in perpetuum , manum ejusdem Jacobi , annulo , cum quodam lapide qui dicitur ( Emeraudus ) eidem Jacobo , & haeredibus suis nomine Sasinae in memoriale permansuro in futurum ex 〈◊〉 nostra personaliter invectimus . Apud Bervicum super Twedam 〈◊〉 die mensis Novembris anno regni nostri nono decimo , anno Domini . 1325. Then there is a precept directed to Bernard Abbot of Arbrothock , Chancellour , to cause make a Charter thereof under the broad seal , and deliver it to the said James . This I thought good to set down in the owne words , because of the singularity , in that it is the promise of a King fulfilled to his subject , not for any proper debt , or money disburst , but for the ransome of prisoners . 2 It is singular also in respect of the thing given , Inditements , Immunities , Liberties and Priviledges . 3. The forme and manner of it is not ordinary , to hold in feudo , and inheritance without any duty , or reddendo , as they speake . 4 And last of all , the manner of infeftment and seasing ; not by earth and stone , but by pu●…ting a ring on his finger with the Kings owne hand , and thereby 〈◊〉 both himself and his heires ( as it should seem ) in this one action without reiterating . All which things how our Lawyers will allow of considering their formalities ; and what their opinion will be of the validitie hereof , I know not ; but we finde here plaine and square dealing , and honourable meaning : whatsoever the subtilties and quirks of Law be , we see an upright and loving Prince , a liberall and bountifull King , willing to honour a princely loyall subject . This and the former Charter given foure yeares before , and such others as may be thought to have beene given after to corroborate or increase ( perhaps ) these freedomes and priviledges , ●…s it whereunto Archbald the fourth and his successors have leaned and trusted to , in contemning Crighton and Levingston , at what time they told them they would preserve their owne rights and priviledges , and not suffer them to be infringed . And this also hath beene the ground upon which the Bailies of William the eighth Earle , he being himselfe in Italie , would not suffer the Kings Officers to meddle with these priviledged things in his bounds ; which men that know not their immunities particularly account treason and rebellion : and so their enemies did terme it , to incense the King against them . This battell at Biland was the last piece of service that Sir James did to Edward Carnarvan , who having found fortune so froward to him in chance of warre against the Scots , was thereby taught to doubt the triall thereof any further , and therefore he sued for peace , which was concluded at Newcastle to last for certaine yeares . In this time of peace , although all occasion of Warlike action was cut off , yet Sir James was not idle , but did good offices for his King and Countrey . K. Robert did esteeme so well of him , and had so good opinion of his prudencie and fidelitie , and did so confide in his love , that he entrusted and employed him in the greatest businesse that ever he could have to doe , which concerned no lesse than the settling of his Crowne , and his title to the kingdome , which Sir James performed dexterously and happily . For being sent into France to John Balliol of Hercourte to procure his resigning all title and right to the Crowne in King Roberts favour , he sailed into Normandie , and having declared his Commission , and delivered his message , he found Balliol very tractable , contrary to all mens expectation ; for he plainly and ingeniously confessed that he had been deservedly rejected and debouted , being no wise usefull nor profitable for the good of Scotland . He said likewise that it was Gods especiall and favourable providence , that had advanced K. Robert thereunto , and therefore he did not repine nor grudge , to see the Kingdome in the hands of his Cousin , by whose high vertue , singular felicity , and great travell , it was restored to the ancient liberty , splendour , and magnificence , but rather rejoyced thereat . And chiefly for that they by whom he was deceived , did not injoy the hoped fruits of their fraud . And calling together his friends and kinsmen in presence of them all , hee did freely resigne unto Robert , and to his heires , all right and title , that he , or any from , or by him , had or might have to the Crown of Scotland , renouncing all interest and claim whatsoever that could be alledged or pretended for any cause , or consideration , from the beginning of the world unto that present day . This being done , Sir James returned into Scotland . This King Robert thought fit to be done , not because his owne title was not good enough before , for it was good already and sufficient , and so found to bee by a better judge then King Edward of England , to wit , the Estates of the Realme , who are the rightest judges in controversies of this nature , and who had power to have made it good , if it had not been so , & might have helped any defect that had been in it , seeing Balliol by his owne fact had disabled himself , by giving it over to King Edward , especially seeing it was prejudiciall , and against the common liberty , and good of the Kingdome , to accept of him who had betrayed these , and was not able to defend them . Wherefore King Robert being in possession , and the Kingdome being confirmed to him , and to his posteritie , he needed no further right from Balliol : Notwithstanding of this , to cut away all pretences of quarrells and calumnies , that malicious men might surmise thereabout afterwards , he thought good to have a renunciation from Balliol of his title , and consolidate that with his owne : whereupon esteeming none fitter for the purpose then Sir James , as well for the honourable place he held , as for his sufficiency to discharge the Commission , not without some consideration of his kindred with Balliol , by the house of Galloway : he laid the charge upon him , which he performed as we have heard . Sir James being thus returned out of France , King Robert being very glad that his businesse had succeeded so well , called a Parliament at Cambuskenneth , in the which the right of succession to the Crowne was renewed to King Roberts heirs , and namely ( failing his sonne David ) to Marjorie Bruce his daughter , and Robert Stuart his sonne . This the Nobility did enact , and confirme by oath in the yeare ( 1325. or 1326. ) and before the sending of Sir James Douglas , as some Authours record . Not long after King Robert fell sick , and partly for that cause , partly in regard of his age , not being able to ride abroad and endure travel himself , he committed the managing of all businesse of weight both in peace and warre to the two Friends and Colleagues , Sir James and Randulph , two of the most noble Knights , and bravest Captains that were in their dayes , as our Writers do say . And now Edward the second was dead , and Edward the third had succeeded to him , to whom Sir James laboureth to do as good service , as he had done to his father . This Edward sent Ambassadours to King Robert to treat of peace , but being discovered to have no sincere meaning , and to deal fraudfully , in stead of peace they carried home warre . So due preparation being made on both sides , our two Commanders assembled to the number of 20000. all horse men : ( some say 20000. horse , and 5000. foot ) and entred into England with resolution not to fight but at their advantage and pleasure , which was the reason they took all or most part horse men , and few or no foote men . Against these King Edward came in person with a great Army of 100000. men , ( as Froysard writes ) 80000. horse , 24000. archers , having brought with him the Lord Beaumont out of the Low-Countries with 700. or 500 horse . The English souldiers of this Army were cloathed in coats , and hoods , embroydered with flowers and branches , and did use to nourish their beards ; wherefore the Scots in derision thereof , made this rime , and fastned it upon the Church doore of Saint Peter in the Canongate , beards hartlesse , painted hoods witlesse , gay coat gracelesse , make England thriftlesse . He fortified the Townes of Carlile and Berwick , and furnished them with men to stay the Scots passages . But they little regarding either his fortifications , or his forces , passed the water of Tine at knowne Foords , and made him first know of their arrivall by smoake and fire : whereupon putting his men in order , he marched directly towards those places that were smoaking , to have given them battell ; but not finding them there , and not knowing how to force them to fight , his resolution was to passe Tine , and there to entercept them at their returne , and to give them battell in those fields where the ground was more levell and even , and so fitter for his Armie . Thither then he goeth with great trouble and turmoiling both of men and horse , by reason of the great raine that fell , as also for scarcitie of victuall ; and after he had lien there eight dayes waiting for them , he could heare no newes of them : wherefore he chose out about sixteene able young men , whom he sent abroad into the Countrey to search for them , promising a great reward to him that should first bring him word where they were . They having roaved up and downe the Countrey , at last one of them fell into the hands of the Scots , who when he had told how K. Edward had sent him to search for them , they let him goe , and withall bid him tell the King , that they had beene eight dayes as uncertain of him , as he had bin of them , and that now they were come within 3. miles of him , where they would stay for him , and abide him battell , being as desirous to fight as he was . When the young man told the King this , he was rewarded with Knigthood , being made such by his owne hand ; and besides that he got 150. pound land to maintain his dignity . Then he gave order that his Army should march towards them ; but when they came neare , they found them so strongly encamped upon a hill , having steepe rocks at the one side , and a river on the other , called by Hollinshed the water of Weire , that they durst not adventure to assaile them at so great disadvantage : wherefore they sent a trumpet to them , and desired them to come downe to the plaine ground , and ●…o to fight with true vertue , for honour and empire , and not to sit on the tops of the hils , where no body could come at them . The Scots answered with derision , that they would not fight how and when it pleased their enemie , but at their owne pleasure ; telling him withall , that they were come into his Countrey , and had done as he knew , if any thing that they had done did grieve him , he might come and seeke his revenge : they would stay there as long as they thought meet and expedient for them , and if any should assaile them , they would do what they could doe to defend themselves , and make their enemies smart . So they stayed there three dayes in his view , but he not thinking it sase to assaile them in that place , after some few skirmishes at their watering place , the Scots removed their C●…mp to another place that was stronger and harder of accesse , which Hollinshed calls Stanhop parke , whither the English also followed them . While they lay there encamped the one over against the other , Sir James Douglas ( who was a provident and watchfull Captaine ) perceiving that the English watches were somewhat negligently kept ( either because they despised the small number of the Scots , or for that they thought they had no mind to fight , but to retire ) adventured upon a hazzardous but hardie and worthy enterprise : he did choose out two hundred of the choicest of his men , and passing the river in the night season , a little off from the English Camp , he entred the enemies Trenches on that side they least expected , and approached the Kings Tent , thinking either to have taken or to have slaine him ; but the Kings Chaplaine being awake , discovered him , whom he slew with his owne hand for his paines : and now the alarme was given , and the whole Armie was up against him : wherefore having only cut the Kings Tentroapes , he returned safe in spite of them , leaving 300. of them slaine in the place , who offered to hinder his retreat . Upon this show and omen of successe and good fortune , Thomas Randulph would have given them battell in the plaine fields , but Sir James advised him otherwayes , showing him how it was not for them , being so few in number , to deale with so great an Armie in the open and plaine fields , but that their onely way was to use slights and stratagems , and to keepe themselves in places of strength and advantage . To which purpose he told him the Apologue of the Fox , whom a Fisherman finding in his Lodge carrying away a Salmond to his denne for his young Cubs , he drew his sword , and stood in the doore to kill him , knowing he had no other way to get out . The Fox being thus straitned , went and tooke hold of the Fishers mantle ( which lay by ) and went toward the fire to cast it into it and burne it : the Fisher to save his mantle , ranne to the fire , and left the doore free , so that the Fox escaped out at the door , and in his way catched hold of the Salmond , and went cleare away withall , to the fishers great griefe , who had his mantle burnt , his Salmond lost , and the Fox escaped . Even so , sayes Sir James , it fares with us ; we have done these men harme , and they think they have us in the nouse , and in a mouse-trap , but I have espied a way , by which , though it may seeme somewhat hard and troublesome , we shall escape safe without the losse of a man. They continued still in the same place certaine dayes after this , without doing any thing of note or moment on either side ; for the English warned by their late danger , kept better watch then they had done before : and now having taken a Scottish prisoner , they were informed by him , that the host of the Scots was commanded to be in readinesse against the third watch to follow Sir James his standard . This put them to no small businesse , so that they presently armed , and stood all night ranked in order of battell , supposing that the Scots intended to make an onset , and assaile them in their Trenches , and therefore their Watches and Sentinels were doubled , and the Foords strongly guarded . But the Scots by this time were risen and departed , passing through a Mosse or Bogue two miles long , which was never passed before , especially by horsemen : but they had provided flaikes and hurdles , upon which they made the horse to passe without sinking , leading them in their hands , and walking on foot by them . About the breake of day two Scottish Trumpeters were brought to K. Edward , who were taken by his Scouts , and being come before him , told that they were commanded to suffer themselves to be taken thus , that they might tell him that the Scots were gone home , and that if he had a minde to be revenged on them for any thing they had done , he should follow them . But he considering of the matter , and weighing all things , and with what men he had to doe , being both valiant , and able to endure so much hardship , thought it his best to let them goe , and so he returned to London , having seene his Kingdome burnt and spoiled under his nose , for all his great Armie , and himselfe in the midst thereof in danger of his life , or of taking : which effronts he was forced to pack up at this time , not without great griefe and anger without all doubt . And this is the third piece of service done by that so despised man to the posterity of his despiser ; to his sonne before , and now to his grand-childe in the yeare 1327. or 28. neare unto Stanhop park ; which because it cannot be denied , Caxton alledgeth that it came to passe by the treason of Mortimer Earle of March , who being corrupted by the Scots with money , would not suffer ( saith he ) the Earle of Lancaster to passe the water , not very deep at that part to invade them , by which means they escaped . But our Major doth justly scorn that point of corrupting and bribing with money , and doth further affirme , that they had not any conference at all with Mortimer . So that it is likely , that what Mortimer spake in that matter of not following , or invading the Scots at their departure , he hath spoken it out of judgement , and not partiality ; and perhaps more prudently , then they that counselled the contrary . However they confesse that the King missed of his purpose , and being very pensive therefore , broke up his army and returned to London . Amongst other things , they tell that after the Scots were dislodged , some of the English went to view their Camp , partly to see their customes and manner of living , and what provision they had , partly to seek some spoil ; when they were come there , they found onely five hundreth carcasses of red and fallow Deare , a thousand paire of Highland showes called rullions , made of raw and untand leather , three hundreth hides of beasts set on stakes , which served for Caldrons to seethe their meat . There were also five English men who had their legs broken , and were bound naked to trees , whom they loosed and gave them to Chirurgions to bee cured . When they saw these things , and judged hereby how painfull and able to endure the Scottishmen were , they found that counsell to have been good and sound , which was given to their King not to follow them , whether it were Mortimers or some others . The English Writers upon this scarcitie and penury here found , and upon such other passages ( as when Edward the second entred Scotland , and was forced to returne for want of victualls , the King having caused remove all things out of his way ) take occasion to speake contemptuously of the Scots , as though they had not defended their Countrey by vertue and prowesse against England ( between it and which they think there is no comparison ) but partly by cold and hunger , partly because the English Kings did slight it , and were not desirous to conquer it : as also for the English forces were almost imployed in France , so that they had no leisure to bend their whole power against Scotland , which if they had done , they might easily ( as they think ) have mastered it . Imputing hereby the cause of their failing to do it , they having so great ods in number of men and warlike appointment , to want of will , and their hinderance by France , and the poverty of our Countrey , together with the roughnesse thereof ( being so Mountainous , and full of heaths and wasts , harder enemies then the inhabitants ) giving no place to the vertue and valour of the people , very absurdly and maliciously : for as touching the first , that they have had no desire of it , it is a childish alledgeance , when they see they cannot get a thing , to deny that they desire it . The great means they have used , the many attempts they have made , and that common and proverbiall speech so ordinary in their owne mouthes , and devised amongst themselves , ( Qui la France veut gagner , a l' Escosse faut commencer ) do testifie the contrary . And above all , their often intending a full conquest of it , as their owne Histories beare record . And as for the hinderance by France , their aides to Scotland have not been very great , nor very frequent ; yea , it may bee said justly , that France hath received more help then ever it gave : for since the league with Charlemaigne , it may be truely said without any poeticall hyperbole , nulla unquam Francis fulsit victoria castris , sine milite Scoto ; that the French armies never wanted Scottish souldiers , but the Scots have but very seldome had Frenchmen to helpe them . And if the Kings of England have sometimes bended their forces towards France , yet they did it not alwayes , but have made more warre in Scotland , when they had peace with France . And it is amongst the complaints of our Nation , that France have cast them into warres with England , when they might have had peace : Like as when they had advantage by warre , France did often wring their weapons out of their hands , and forced them to a disadvantagious peace , which was commonly the greatest fruits of their friendship and league . Now as for the difficulties of hills , hunger , &c. These are not so great as they talke of ; for neither is it altogether so poore , nor so hilly , and mountanous , as they would have it beleeved to bee ; and if King Robert at this time or any other at any time have caused spoil and waste in the Countrey at some times , thereby to famish or straiten the enemy , or have chosen to vexe or trouble them with a Camp volante to eschew the hazzard of a battell ( as Douglas and Randulph did at this time ) it hath been the practice of all warriours of all Nations : but neither hath it been , neither could it have been , the onely mean of conserving this Countrey in freedome , except manhood and valour had been joyned with it , and that in a great measure ; whereof sufferance and hardnesse to endure great straits , want , scant , cold , hunger , and travell is no little part . As on the contrary , not to be able to endure these , is effeminatenesse , the ordinary consequent of riches , wealth , ease , abundance and delicacie , all reprochfull to men . Even as the other ( I confesse ) are oft the consequences of povertie , and are helps to harden the bodies , and whet the courages of men . Wherefore if they had meant nothing else , but that the poverty of Scotland did preserve the liberty thereof , because it kept the inhabitants in continuall exercise both of body and minde , and did not suffer them to grow tender , delicate and effeminate , but hardned their bodies against want , and their minds and courages against perills and dangers , which they imployed for the defence of their Countrey , and by the which ( as the chief means under God ) they did defend it , we could well admit of it , and acknowledge as much poverty , ( that is to say , want of superfluity ) and vanity , invented by soft and womenly minds , and covered under the maske of civility , as hath begotten in them valour and temperance , as it is said to have done in many people before ; the Romanes , Macedonians , Turks , Parthians , Scythians , &c. But since that is not their meaning , but even to detract from their valour , they exprobrate their poverty , and casts it up for a reproach , to breed contempt of them in others , and to ascribe to it what is due to their worth ; to wit , the liberty , and preservation of their Countrey from all forrain enemies : we may say justly that it hath not been the immediate cause of their being preserved against England , Danes , or whatsoever enemy ; but that there hath been as much sufficiency of things necessary ( call it riches , or by what other name you list ) as hath moved other Nations ( especially England ) to covet it , and coveting to invade it , and when they had done their best , they were driven from it ; not so much by the barrennesse and roughnesse of the soyle , as by many and sad stroakes of the inhabitants thereof ; and by such acts and deeds , as became wife , valiant and couragious men . Touching all which , this one example will serve to confute whatsoever hath been , or can bee said in this kind , then which we need no other proof , and that is this same huge and great army raised by this King ( Edward the third ) and intending to have come into Scotland , if hee had not been thus affronted by Sir James and Randulph : and before in his fathers time at Biland , ( and which admitteth for no exception ) at Bannockburne . In all which there is no colour of want of will ; he showed it , he professed it , and presumed to devoure them in an instant ▪ No want of forces , having gathered from all Countreyes not onely his subjects , but his friends also : no scarcitie of victuall , hee had abundance of all things : no hills nor mountains , they met in the plain fields : no forrain aid on the Scots side that we heare of , besides the two Brabanders , that King Edward sent to help them . And so again whatsoever progresse , or appearance of conquest the English have made of Scotland , it was never by their valour and armes , but by the advantage of an intestine warre , they siding with the one party , and at last overcoming both , as did Edward the first , in the dayes of Balliol ; wherefore they make a wrong account , and much mistake the matter , that thinke the liberty of this Kingdome hath been maintained more by the wants of our soyle , want of will in our enemies , or of leasure in the English , then by the worth of our predecessours , if wee weigh things rightly . But the true way , and mean , by which our Countrey and liberty thereof have stood , and by which they have relieved and vindicated it , when it was thralled , are these we have spoken of ; by which also they procured peace at all times , and now also at this time . For the same yeare , in March Ambassadours came from Edward to treat of perpetuall peace , which the next yeare was concluded by the Parliament of England held at Northhampton : unto this Parliament for treating of Articles of peace , King Robert sent Sir James , with some Prelates , where it was concluded on these conditions : That the King of England should renounce all title and claime that he and his predecessours had ●…aid to the Crowne of Scotland , and deliver unto them whatsoever Bonds , Contracts , Writs or Evidents , they had for their pretended Title thereto . And should leave that Kingdome as free as it had been in the dayes , and at the death of King Alexander the third , from all bondage and servitude for time to come . That the Scots should also resigne to the English , all lands and possessions , which sometimes they had in England , or held of England in fealty , as beneficiars thereof , and that the Marches between the two Kingdomes should bee Cumberland and Northumberland , unto Stone-moore : That David sonne to King Robert should marry Jane , King Edwards sister , called by some Jane of the Tower , and by the Scots , Jane make peace , ( in derision ) and that King Robert should pay to Edward three thousand marks sterling , for the dammage done to his people in the late warres , by Sir James and Randulph , Earle of Murray . The first of these articles was presently performed , and the King of England delivered all the Writs and Evidents which hee had concerning his alledged superiority of Scotland , and amongst them an Indenture which they called Ragman ( saith Hollinshed ) and certain Jewels won from the Kings of Scotland , amongst which the blacke Crosiere or Rood was one . This peace the same Authour calleth unprofitable , and dishonourable , done by evil and naughty counsell . If it were dishonourable for England , it was so much the more honourable for the Scots that gave the peace . But the dishonour hee meaneth is the renunciation of his title to the Crowne of Scotland , whereof he had fair claiming . King Robert and the Scots had driven him out of his usurpation , and vindicated their liberty by force of armes . And as for his right and title in Law , the world knowes what small account Scotland ever made of his pretensions ; having never been subject unto any but to their owne King. Wherefore it was onely to take away all occasion of cavilling , and the better to keep peace with their neighbours , that they desired this surrender , as they had done before with Balliol , whose right notwithstanding carried a greater show of equity and reason , and truly it is not so much to be wondered at , that King Edward condescended to these Articles ; as it is that King Robert should have yeelded to them , being more unprofitable for him , then for the other : and a man would think it very strange that he should part with Northumberland , or give any moneys to recompense any dammage done in a just warre : and that there should not rather money have been given unto him , as a dowrie or portion with his daughter in law . But the time answereth it , hee was now of a good age , and unmeet for travel , and warres , being wearied with battells , and cloyed with victories , and ceased by sicknesse , he longed for peace to himself , and to his posteritie , but with what fidelity , and how little it was kept by King Edward , we shall heare hereafter . No aliance , nor bond of amity ( which ought but seldome doth tie Princes and great men ) could keep him from breaking of this peace . The marriage was solemnized at Berwick , with all the pompe that might bee , after which King Robert lived not a full yeare . A little before his death being at Cardrois , which stands over against Dumbarton on the other side of the water of Levin : whether hee had withdrawne himselfe by reason of his age and sicknesse , to live a private , and quiet life ; hee called his friends together , and made his last Will and Testament , in which having ordered all his other affaires , hee called to minde a vow that he had made to go into Syria , and there to fight against the common enemy of the Christian name : but because his warres before , and now his age and sicknesse would not suffer him to performe it in his owne person , hee recommended the performing of it to Sir James Douglas , requesting him earnestly to go and do it for him ; and withall , to carry his heart to Hierusalem , and there to bury it neare the holy Grave . This was esteemed a great honour in those dayes , both by Sir James himself and others , and withall a cleare and honourable testimony of the Kings affection towards him ; and so he interpreted it . Wherefore King Robert dying the 7. of July 1329. hee made himself ready , and prepared all things for his voyage very diligently ; yet there were some of the most judicious in those times , who tooke it to have a deeper reach ; and that ( however he did also respect Sir James , and thinke him the fittest for this businesse : ) his main designe was to prevent all dissention , which might have risen between these two great Captains , Douglas and Murray , Randulph to obviate the which , they thinke he devised to send Sir James out of the Countrey upon this honourable pretext . But there bee Authours that say , the King did not particularly designe Sir James by name , but desired his Nobles to choose one of his most noble Captains in the Realme for that effect , and that they after his decease laid it upon Sir James with one consent , who most willingly accepted thereof , as one ( who during King Roberts life ) had served the body wherein the heart had lodged . But whether the King desired him by name , or the Nobility did interpret the Kings meaning to be such ( under the title and description of the most noble Captain ) or that they themselves did deem him to be so ( as indeed he was most worthy ) so it was , that the charge was committed unto him , and he most gladly undertook it , when his presence was very needfull for the Countrey . For before he tooke journey , their fell out a matter that occasioned great troubles afterwards by Edward Balliol . One Lawrence Twine an English man borne , and one of those who had obtained lands in Scotland for reward of his service in the warres , a man well borne , but of a vitious life . This man after King Roberts death presuming of inpunite in respect of K. Davids youth , loosed the reignes to his licentious lewdnesse ; and being often taken in adultery , and admonished by the officiall of Glasgow when he would not abstain from his wickednesse , he was excommunicated ; wherewith being i●…censed , he tooke the officiall as he was riding to the towne of Aire , and kept him prisoner till hee was forced to redeeme his liberty with a summe of money . Sir James Douglas highly offended with this enormity , caused seek him , that he might be punished ; which Twine understanding , and fearing that he should not long escape his hands if he stayed within the Countrey , fled into France , and addressing himself unto Edward Balliol , he perswaded him to enterprise against the King of Scotland , and recover that which he had so good right to , and so faire an opportunity , which Balliol did in Sir James his absence , by his voyage , or after his slaughter in his voyage . And no question his absence was a strong inducement both to this Edward , and to Edward of England , to attempt the subduing of Scotland ; which he did thinke would prove 〈◊〉 , by making Randulph away ( which he sought to have done by poyson ) Sir James being absent . So that either the Kings devotion ( if it were indeed devotion or his pollicy , ( if it were but pollicie ) in sending of him out of the Countrey , is greatly condemned by our Writers . And to speake the truth it deserves to be condemned , having by so doing sent away so fit and usefull a man , denuding the Countrey of such a Captain in so doubtfull times ; whereas a Prelate or some other Churchman had been fitter for that imployment . And hee ought to have considered that England would be still aiming at the Crown of Scotland , notwithstanding of the late alliance : neither needed he to feare any emulation between Randulph and Sir James , there being such intire love in Sir James towards Randulph , that howsoever he contended with him in vertue , yet his contention was but in vertue , and ever within the bounds of modestie , love , and friendship , behaving himself to him as to his Comrade and Brother in armes , whereof hee had ever given in all the joynt services so evident proofe , especially at Bannockburne , where his love drew him out to have succoured him if there had been need , and the same love and candor ( so to call it ) or courtesie and modesty joyned with true magnanimitie , stayed him from going forward , that he might not arrogate to himself one share or parcell of that victory , whereby the others glory had been eclipsed . And when hee had gotten the victory , hee accompanied him joyfully unto the Camp , no lesse glad then if he had been victorious himself , farre from any hatefull or envious emulation : so that there was small reason to looke for any harme from such a disposition , or any inconvenience from such emulation , but rather to have expected much good from that his so well knowne affection and constancie both towards Randulph , and his native Countrey : however , hee out of his own worthie and good nature taking all in good part , hee passed on with his journey , taking with him two hundred Gentlemen of note , and ( as it is reported ) seaven hundred others . Amongst the Gentlemen of good qualitie , there was Sir William Sinclaire of Rosline , Sir Robert Logane of Rastaslrig , and Sir William Keith . De Froysard ( in his 20. Chapter ) reporteth that after his imbarking in Scotland he arrived at the Sluce , and stayed there some 12 dayes , where he kept such state and port , as if he had been King of Scotland : That he had in company with him , a Knight Banneret , and 7 other Knights of Scotland , and was served by twenty sixe young Squires and Gentlemen of good sort , all his vessels being of gold or silver : That all that came to see him of all sorts of people were ( according to their ranks ) well and plentifully served with all manner of vivers , wines and spices , the best that could be had . He saith also that in his return from Jerusalem , he arrived at the port of Valence the great in Spain , where indeavouring to assist Alphonsus the king thereof , who warred against the King of Granado , then a Saracen , he was there inclosed by an ambush of the enemie , and so lost his life . He carried with him to Hierusalem the Kings heart embalmed and put into a box of gold , which he solemnely buried before the high Altar there : and this is the reason why the Douglas beare the crowned Heart in their coat of Armes ever since . When he had performed this service to his dead Master , he went with such company as he had brought with him , and joyned himself unto such other Christian Princes , as at that time were gathered with great power out of sundry parts of Christendome , to warre against the Infidels ; where he did so notable service , that by his frequent victories , he wan great honour to the Christian name . At last , having accomplished things in those parts with no lesse fame and glory , then Princely Magnificence , he embarked for Scotland , but was cast by storme of weather upon the Coast of Spain , and forced to go a shore on the borders of Granado , where at the same time hee found the King of Arragon fighting against the Saracens that inhabited these parts : Sir James offered to the King to serve him in those warres , and so fought against the enemy valiantly , and with great successe at divers times ; till at last having conceived too great contempt of the enemy , esteeming them no Warriours , he became somewhat too carelesse and secure , so that he was inclosed in an ambush , and slain , with all that were about him : his bones were embalmed and sent home to Scotland , and buried in the Church of Douglas , called Saint Brides Kirk . And thus he died in the yeare 1330. the 20. of August , the next yeare after King Roberts decease . As for his vertues , his actions have declared him sufficiently , yet these in speciall are to be observed : In his youth he was carefull to inable and fit himselfe for imployment , by the study and exercise of letters , and all good and commendable arts , whereby his mind contracting a good habit , was solidly fixed upon the vertues of modesty and sobernesse , and emptied of all envie ; which hardly and very seldome are joyned with these great vertues of courage and magnanimity in a Military spirit and life , which commonly do hinder another . In his riper years we may see his perfect practice of them against the enemy , and towards his friends : In action he was bold , resolute , couragious , strong , diligent , and advised ; and such every way as a stout Souldier or worthy Commander ought to be . Out of action , and in private converse , he was toward , affable , gentle , and courteous unto all : hee was loving to his Countrey , loyall , faithfull and obedient to his Soveraigne ; he contended in vertue with his equalls , free from envie and hatred against any , and through the course of his whole life , without stain or blemish that wee heare of . He is reckoned to have been in battells and incounters against the English fiftie seaven times , against the Saracens and other Infidels thirteene times ever victorious ; thrice as often as hee had been yeares in action , which were about twenty foure from King Roberts Coronation . 1306. untill the time of his death in 1330. which if it be so , wee may see how many things were omitted by our Writers , all that are set down being farre short of that number . Wherefore it is no marvell , if in such a continuall course of victories , some confidence crept upon him ; and if accustomed to so hard enemies , and good warriours , as the English , and Scots that sided with them ( as commonly those are , who are born and bred in in the Northern parts of the world ) he disesteemed and slighted the Saracens and Southern softnesse , weaknesse and effeminacie in respect thereof , whereby he fell into this Ambush , which was his death . Now as in these respects it is somewat to be pardoned , so is this use to be made of it , that we despise no enemy however inferiour , and to eschew too much confidence and presumption in whatsoever advantage , which hath been the ruine and losse of many worthy men . He is said to have been of a black and swart complexion , and to have lisped somewhat in his speech . We heare nothing either in History , or Monument , or otherwise of his marriage : he had two base or naturall sonnes , William Lord of Liddesdale ( of whom we shall speake hereafter ) and one Archbald , whom the Lord of Liddesdale made Captain of the Castle of Edinburgh , when hee tooke it in . To conclude , let this bee observed , that Sir James is never mentioned by any either English or Scottish Writer whatsoever , but with honour and commendation , as worthy , valiant , noble , good , or some such Epithete ; and confessed to have beene one of the most valiant that lived in his dayes . Such is the force of vertue , and so prevalent is it , even with enemies . We will not omit here ( to shut up all ) the judgement of those times concerning him , in an old rude verse indeed , yet such as beareth witnesse of his true magnanimity , and invincible mind in either fortune , good or bad . Good Sir James Douglas ( who wise , and wight , and worthy was ) Was never overglad for no winning , nor yet over sad for no tineing , Good fortune and evil chance , he weighed both in one ballance . Jacobus Duglassius Brucii Regis socius omnium laborum in Hispania coesus a Saracenis , 1330. Quicquid sors potuit mortali in pectore ferre Vel facere , hoc didici perficere , atque pati . Prima ubi luctando vici , sors affuit ausis Omnibus , & quid non pro patria ausus eram ? Hosti terror ego : nullus me terruit hostis : Consiliis junxi robora dura meis . Proelia quot numerat , titulos , actosque triumphos Brucius , hinc totidem pene trophaea mihi . Quo jam signa feram ? major quaerendus & orbis Atque hostis ; famam non capit iste meam . Arma Saraceno objeci prope littora calpes Herculeae , hic tellus me male fausta tegit . Herculeae Graecis memoretur Gloria laudis , Fallor an Herculeis stant potiora mea . In English thus , What ever weight in furious Fortune laid On weak mans breast , I suffered undismaid , Nor lesse my active force ; and when I tri'd Her power in warre , propitious fate deny'd No help ; whiles my endeavours well did prove How much I dared for my Countreys love . A terrour to my foes ; I knew no feare , Wisedome and valour both united were In me . And looke what triumphs great Bruce gain'd , As many Trophies were by me obtain'd . What more remaineth to increase my name ? The world appears too little for my fame . To Spain my aid I gave , and did oppose The Saracen , there was the fatall close Of my brave life , wher't may be questioned much If Hercules his Monuments were such . Of Hugh the fourth and ninth Lord of Douglas . UNto this Sir James his brother germane Hugh Douglas did succeed , the ninth Lord , and fourth of that name . Of this man , whether it was by reason of the dulnesse of his minde , or infirmity of his body , or through whatsoever occasion else , wee have no mention at all in History of any of his actions , onely it is certain that he succeeded , and was Lord of Douglas , which he demitted ( in favour of his brother Archbald , slain at Halidoun hill ) to his sonne William , who was the first Earle of Douglas , as shall be showne in his life . The honour of the name and dignity of the house was upheld by his brother Archbald Lord of Galloway , of whom therefore we are now to speake . This Hugh lived after the death of his brother Archbald ( which was 1333. ) some nine or ten years , till the 1343 ▪ as the Charter of resignation of the Lordship to his nephew doth witnesse . He died without children , and was never married . Of Archbald Douglas Lord of Galloway , Governour of Scotland , third brother to Sir James . BEfore we proceed to speak of the next Lord Douglas , the time , and order of the History requireth that we speake of Archbald Douglas Lord of Galloway ; and Governour of Scotland : he was third brother to good Sir James , as Boetius affirmeth in these words ; Archibaldus Duglasius Germanus Jacobi de Douglas , quem nuperrime in hispania interiisse scripsimus . This Archbald did outlive Sir James not above three yeares , as we shall show hereafter . Neither is the losse of the battell wherein he died , imputed to his youth , but to his haste and indignation . And in the battell of Annand , he shewed wisedome and advisednesse sufficiently . Touching his education , there is no mention thereof in History : he married Dornagilla daughter to Red John Cummin , whom King Robert slew at Dumfrees . This John Cummin was stiled Lord of Galloway , having married a daughter of Allane Lord of Galloway , called Mary , whose elder sister Dornagilla , John Balliol had married : and therefore he is also stiled Lord of Galloway . There was also a third of these daughters married ( as our Writers say ) to the Earle of Abermale : it seemeth the lands of Galloway ( Lord Allane dying without heires male ) have been divided among the three sisters : as for his third wee finde nothing else of her . This Archbald having married John Cummins daughter , the inheritrix of the lands of Galloway , was imployed in the warre against Edward Balliol , whom he defeated and chased to Roxburgh , whereupon for this service , and also by another title which hee claimed as nearest to the house of Galloway by his Grandmother , the Earle of Carricts sister , ( which right wee have deduced at large in the life of Lord William the third maker of the Indenture ) Balliol being forfaulted , hee obtains the lands of Galloway , as Evidents and Histories beare record , stiling him Archibald Lord of Galloway , which continued in his posterity untill the forfeiture of the Earles of Douglas . Some alledge that Red John Cummin did not marry the Lord of Gallowayes daughter Marie , but a daughter of John Balliol of Harcourt in Normandy , called Adama , whom he begot on his wife Dornagilla , who was daughter to Allane Lord of Galloway : but how came Red John to stile himself Lord of Galloway , seeing his wife was Adama Balliol , who had brothers , at least one , to wit , John Balliol that was Competitor with Bruce . However it was , Archbald Douglas having chased Edward Balliol , and Balliol being forfeited , was made Lord of Galloway . This Archibald had by his wife , Dornagilla Cummin , two sons , William , who succeeded to his Uncle Hugh in the Lordship of Douglas , and was created Earle of Douglas , and Archibald after Lord of Galloway : hee had also a daughter called Marjory married to Thomas Earle of Marre . We have heard in the life of good Sir James , how King Robert Bruce before his death had taken all pains for establishing the Kingdome to his posterity , and to leave it peaceablie unto them , and had done for that effect what the wit of man could devise : he had beaten out his enemies by armes , he had ratified and confirmed his right by the Lawes and Act of Parliament , he had obtained a renunciation of all title and claim he could pretend , from John Balliol his Competitor : he had gotten also the like renunciation of the King of England , and all Evidents , Writs , and Monuments concerning his pretences delivered up unto him ▪ discharged and cancelled , and declared to be null , and of no value , by consent of the English Parliament , and ( to be the surer of King Edwards friendship ) he had married his sonne David to Jane his sister . He had cut off the rebellions that were springing up against him , by executing such as were guiltie , established Randulph Tutor and Protector to his sonne , and Governour of the Countrey , hee had removed all occasion of emulation , that might have falne out therein , and setled all with good advice , good precepts , good councell in his Testament , both for peace among themselves , and warre against the enemy . But what is the wit of man , and how weak a thing are his devices ! or what bonds will bind whom duety cannot binde ? This same Balliol , whose father had renounced his right ( nothing regarding what his father had done ) renewed his claim to the Crown . This same King of England , who had himself solemnly renounced , who had bound up friendship with the most sure and strongest bonds that can bee amongst men , regarding neither his resignation made , nor his affinity and alliance , nor any dutie towards God , or faith and promise to man , used all means to strip his brother-in-law ( by consequent his sister ) out of the Kingdome of Scotland ; as if nothing were unlawfull , that could fill up the bottomlesse gulf of his ambition . First , he caused an English Monke ( under colour of giving Physick for the gravell ) to poyson the Governor Thomas Randulph Earle of Murray ; and afterward aided Edward Balliol with 6000. English , upon condition that Balliol should hold the Crowne of him . Edward Balliol entering Scotland with these forces , and being assisted by the male-contents in Scotland , prevailed so , that having wonne a battell at Duplin ( 13●…2 . the 22. of September , the third yeare after the death of King Robert , and about one yeare after the death of Randulph ) in which many were slain , to the number of 3000. together with Duncane or Donald Earle of Marre , the Governour ; hee was Crowned at Scone , and these of the Bruces side constrained to send their King ( David Bruce with his wife ) into France , having no safe place at home to keep him in . After his Coronation , having taken in divers places that stood out against him , he went at last to Annand , receiving such as would acknowledge him , and taking their oath of Allegeance and Fidelitie . Whereupon Andrew Murray Earle of Bothwell ( chosen Governour after Marres death ) sent Archbald Lord of Galloway to see what hee could do against Balliol in these quarters : he taking with him his nephew William Douglas Lord of Liddesdale , and John Randulph ( the Governour Randulphs sonne ) together with Simeon Fraser , having in company with them a thousand horse , went first to Mophet , and having there understood of Balliols carelesse discipline and securitie , departing from thence in the night , he came so suddenly to Annand where Balliol lay , that he escaped very narrowly , being halfe naked ( not having leasure to put on his cloathes ) and riding upon a barme horse unsadled , and unbridled , till he came to Carlile . Others write , that howbeit he came very quietly to have surprised the enemy at unawares in the night time , yet they had notice of his coming , and issued forth of the Towne with a great army , where they fought long , and stoutly , till at last Balliol was overthrowne , and fled . There were slain many of his friends , and amongst these , Henry Balliol ( who behaved himselfe very manfully ) John Mowbray , Walter Cummin , Richard Kirbie . Robert ( or Alexander ) Bruce Earle of Carrict , ( and sonne to Edward King of Ireland ) was taken prisoner , and obtained pardon by the intercession of his Cousin John Randulph . Hollinshed writeth , that somewhat before this time the friends of David Bruce understanding that Balliol did sojourne within the Towne of Perth , had besieged it , but that they were constrained to raise the siege , because of the men of Galloway , who having bin sometimes the Balliols dependers , invaded the besiegers lands under the conduct of Eustac●… Maxwell ; whereupon hee saith , Archbald Lord of Galloway , with the Earle of March and Murray , invaded Galloway with fire and sword , and brought away great booties , but slew not many men , because they got them out of the way , for feare of that terrible invasion . This narration may bee true in the last part thereof concerning their invasion , but the cause of this invasion is not probable : that the men of Galloway should invade mens lands that lay so farre from them , as they behoved to be , that did besiege Saint Johnston ; for in all liklihood it was besieged by these that were nearest to it , being in kinne , and friends to those that were slain in Duplin ; and both ●…ollinhed himself , and others , write that it was recovered in Balliols absence about the same time , while he sojourned in Annand , by those that lay neare to it , without mentioning any other siege before that at which it was taken . This battell at Annand so changed the case , that hee who even now was Crowned King ( in September ) who had farre prevailed , to whom all men ( even King Davids nearest friends and kinsmen ) had yeelded , ( despairing of his estate ) was by this act of Archbald Lord of Galloway turned quite out of his Kingdome and Countrey , and compelled to fly into England , to save his life , the 25. of December the same yeare , about three moneths after his Coronation , and was compelled to keep his Christmas at Carlile in the house of the Friers Minors . A notable example of the inconstancy of worldly affairs , and constancy of an honest heart in the Douglas , not abandoning his Princes cause , when others had forsaken it , and also a proof of his good service , and usefull ; for which as he deserved perpetuall praise and favour of his rightfull Prince , so did he incurre great hatred of his enemie , the usurping Balliol ; who the next day after ( the 26 of December ) going into Westmoreland , and there being honourably received by the Lord Clifford , gave unto him the whole lands of Douglasdale , which the said Lord Cliffords grandfather had before in the dayes of King Edward the first . So proudly did he presume , to give that which was not in his power : And so little had he learned the lesson of the uncertaintie of humane affairs , grounded on whatsoever power , appearance , or even successe : and so difficult a lesson it is to learne , where there remains means so great as hee trusted to , the power of the King , and Kingdome of England , with his owne particular friendship and faction within the Countrie of Scotland , which shall indeed have power to trouble the State a while , but not to establish either the Kingdome to himselfe , or any part of Douglasdale to the Lord Clifford . The next yeare , 1333. K. Edward of England having shaken off all colour of duty to his brother-in-law K. David , made open warre to be proclaimed betweene the two Countreyes , which turned on all hands to the disadvantage of Scotland , even upon both the Marches . For the Lord of Liddisdale was taken prisoner on the West hand , he having the charge of that quarter : and Murray the Governour on the middle March was taken likewise at the Castle of Roxburgh , by pursuing the victorie too farre on the bridge , and so excluded from his owne . King Edward took openly upon him the protection of Balliol , having caused him to sweare homage to him , and so with a great Army both of his owne subjects and forreiners , came in person and sate downe before Berwick , and besieged it , both by sea and land . Hereupon the Nobility of Scotland choose Archbald Douglas Lord of Galloway to be Governour , and Generall of the Army , advising him to enter England , and to spoile it with fire and sword , so to force K. Edward to rise from before Berwick , and leave the siege . And this whilest he was about to have done , he is advertised from within the Towne , that Sir Alexander Seaton Governour thereof had made a paction with K. Edward to render th●… Towne , if he were not succoured by the Scots before the first of August next , and for performance thereof had given him his sonne and heire in pledge and hostage . Hereupon the Lord Governour changeth his purpose , fearing the losse of the Towne , and against the opinion of the wisest of his Armie , 〈◊〉 directly towards Berwick , and the third day after he set forth , he came within the sight both of his friends and foes . Before this King Edward ( besides Thomas Seaton , who was given him in pledge ) had taken also Alexander Seaton , another son of the Governour of Berwick ( whilest at a sally out of the Towne he followed upon the enemy too eagerly ) and had now both the brothers in his power , the one a pledge , the other a prisoner . He therefore seeing now that the Towne was like to be relieved , sent to the Captaine , certifying him plainly , that unlesse he did render the towne forthwith into his hands , both his sons should be hanged immediately upon a gibbet in ●…ight of the Towne before his eyes . The Captaine returned him answer , that the dayes of Truce were not yet expired , and therefore desired him either to keep the covenant he had made , or else deliver the Hostages , and be at his advantage . When the King could not prevaile with him , nor breake him off his resolute constancie ( to which his vertuous and generous Lady did also notably encourage him ) he was as good as his word , and performed indeed what he had threatned , against the law of Nations , and against all humanitie , hanging them up almost in the very sight of their Parents , who bore it patiently and constantly for the good of their Countrey , and thought their childrens lives well bestowed in that regard : onely that they might not be beholders of so heavie a spectacle , they retired themselves to their chamber apart . This strange , tyrannicall , barbarous , and monstrous fact is suppressed in the Histories of England , and buried in silence , not unwisely , it being capable neither of defence nor excuse ; and yet is contrary to the lawes of Histories , and the duty of an Historian , who ought ( according to the oath of witnesses ) to tell all the truth , and nothing but the truth ; seeing where the truth is either adulterated or suppressed , the life of History is lost , which consists in particular circumstances , truly related . Neither do I see how this same King ( in the end of his life ) can pertinently and justly be called courteous and gentile , after such a fact , whereof few the like have fallen into the hands of the cruellest Tyrants that ever were recorded in story . And for my part I think certainly , that it is not possible that one who is of a nature truly gentile and courteous , should commit and be guilty of so foule a crime . It is a perpetuall blot and unexcusable , and such as no wit can wash away . So it is still , and so let it ever be branded and detested . So it was by our Governour the Lord of Galloway , and so much did it move him , and so farre stirre up his noble indignation , that he thought he could never be exonered with credit , without avenging of it , or spending his life in the quarrell , and so being resolved to fight , he would never give eare to any counsell on the contrary , nor alter his determination for any difficulty that could be proposed . And now K. Edward ( after that unpleasant spectacle , detested even by the English themselves ) had drawne up his Army , and taken a hill to the west of Berwick , called Halidoun hill , a place very advantageous for him ; and the Scottish Army did stand over against them in battell aray . The Governour commanded to march up the hill , and to invade the English where they stood , altogether against the counsell of the best advised , who both before , considering the inequalities of the Armies , both in number ( they being but few in respect of the English ) and in experience ( being for the most part young and raw souldiers , not yet trained ) had disswaded him from fighting any at all , and now seeing the odds , and inequality of ground , would gladly have opposed themselves thereunto . But all was in vaine : he was so incensed with that so detestable fact , that boiling with anger , and desiring of revenge , and trusting to the goodnesse of his cause , and to the forwardnesse of his Armie , who being inflamed in the like anger , upon the same occasion , were very desirous to joyne battell , esteeming that their earnestnesse of minde would supply their want of skill , and overcome all other difficulties , and thinking in himself , that if having bin a spectator of that vile and cruell murther , he should turne his backe without fighting , it would be accounted cowardise ; he prosecuted his resolution , and commanded to march forward , which was accordingly performed . They were first to descend and go down from a little hill on which they stood , then through a valley , and so to climbe up another hill so steepe that one man may ( as Major saith ) keepe downe foure , such is the scituation thereof on the west side . Wherefore the Scots , ere they could come to stroakes , were almost overwhelmed with shot and stones ; when they were come up , being quite out of breath , and charged from the higher ground , they were borne downe with violence , and slaine . Some write that the first joyning of the battell was at the foot of the hill , upon more even ground , but that the English gave somewhat back towards the side and ascent of the hill , and having gotten that advantage of the rising of the hill , made a fierce onset upon the Scots , who pursued them too rashly , supposing the English had fled , by which meane they were utterly overthrowne . There died of the Scots in this battell 10000. others say 14000. the English writers say 30000. A rare hoast amongst the Scots , though the Countrey had not been divided in it selfe : and there were but few more then 30000. when they overthrew the King of England with his invincible Army at the renowned battel of Bannockburn : but such is the custome and forme of their Writers , to extoll their owne facts , and to lessen their neighbours , for they say there were slaine onely at Bannockburne of the English 10000. and at this battell but 15. how apparently let the Reader judge . Our Writers say there was no small number of them slain , and that it was fought with great courage , neverthelesse of this inequality : neither did the Scots turne their backs , or give ground , untill their Generall ( fighting valiantly in the midst of them ) was slaine . There died with him John , James , and Allane Stuarts , sons to Walter Stuart , in his owne battell , the Earle of Rosse , to whom he had committed the Vauntguard , with Kenneth Earle of Sutherland , Alexander Bruce Earle of Carrict , Andrew , James , and Simon Frasers . Few were taken prisoners , and such as were taken , by the commandment of K. Edward were beheaded the next day , against the law of armes : some few were saved by their keepers , who were more covetous of their ransome , then of their bloud . Such cruelty did this gentile nature practise before the battell ( upon the Seatons ) in the the chase ( upon the flyers ) and after the battell ( upon the prisoners ) in cold bloud . But his aime was to make a full conquest of Scotland , which did faile him notwithstanding . This battell was fought July 22. 1333. called Magdalens day , accounted , by the superstition of the people , unfortunate for Scotland . Thus died Archbald Douglas Lord of Galloway fighting for his Countrey : his love thereof , his indignation against so inhumane a fact is commendable : his magnanimitie likewise and valour is such as became his house : his conduct is blamed , and the cause thereof , whether it were anger or errour : his anger or desire of revenge , though the cause be never so just , should have beene bridled and tempered , and so governed , with such wisedome as might have effected a due punishment indeed , and not so headie , as to have precipitated himselfe and the Countrey into extreme danger and ruine , whilest he sought revenge . Or if it were errour , and too much relying upon the forwardnesse of his Army , that indeed is a thing not to be neglected , but to be taken hold of , and made use of , yet it ought not to be so farre trusted , but well imployed , and managed with judgement , as a good addition to other meanes and helps , but not that the whole hope of the victorie should be grounded and hang upon it alone ; farre lesse ought it to be made use of when there is too great odds . In which case it serves but for a spurre to set us on to our more speedy ruine . If it were feare that he should be thought a coward if he did not fight that moved him , his feare was needlesse : he had given good proofe of it before , and might have given more thereafter : he should have remembred that he was a Generall , and Leader , in whom want of wisedome and government were as much to be blamed as fearefulnesse . He was also a Governour , in whose safety the Kingdome was interessed , and who ought to have regarded the good thereof . In this ballance he should have weighed things , and should have done according to it , though with hazzard of a sinister report for a while , which might easily have beene recovered in the owne time . Concerning which , and all idle fame , and vaine opinion of ignorant people , we have that notable example of that worthy Fabius Maximus , the Romane Captaine , who neither by the provocation of the enemie , nor importunitie of the souldiers , nor disgracefull rumours scattered among the people , as if he durst not have fought , or had colluded with Hanniball , and other such slanders , could be moved to fight but at a convenient time . Nay rather then he would doe it , he suffered the halfe of his Armie to be taken from him , and given to his Lieutenant , as the hardier man than he , who both durst , and would fight , as he bragged . And so he did indeed upon the first occasion , but with such foole-hardinesse , as that he had both lost himselfe , and his whole Army , if Fabius had not come in time to his rescue ; who at that fit time of fighting shewed in effect both what he durst in manhood , and what he could do in wisedome ; and easily made those fond rumours to vanish , to his perpetuall glory , the confuting and confounding of his Competitour , and confession and acknowledgment of his worth from those who had blamed him before . Not unlike to this was the saying of great Scipio the Africane , who being reproached by a certain man that he was not so forward a fighter as he could have wished ( though in very deed he was forward enough ) daigned him with no other answer , but that his mother had borne him to be Commander , not a fighter ; thinking that a Captaines chiese honour is to command well , and to choose fit times , places , and meanes for fighting . And not to goe any farther ; we heard before in good Sir James his life , how little he was moved at the English Heralds demands , who desired ( in the Kings name ) that he would fight him on the plaine field , upon equall ground , if he had either vertue or honour . Sir James sent him away with derision , as one that had made a foolish request , telling him , that a good Captaine should account it his honour not tofight for his enemies request , but as he found most expedient and convenient for himselfe , in wisedome , choosing the forme , the field , the time , the place , and all for the advantage of his Army , and giving no advantage to the enemy whereof he could possibly hinder him . And this I have insisted upon so much the more , because many that are of good spirits otherwise , do oftentimes erre in this false opinion , and thereby doe both lose themselves and their honours . So that while they affectate to be called hardie fighters , doe prove indeed to be foolish Captains , and ill Commanders , and so doe not eschew reproach , but incurre it . Neither get they the honour of valour , which they seeke , but the blame of temeritie and rashnesse , which they should avoid . So that the Writers speaking of this fact , doe all of them condemne it , and brand it with a note of ill conduct ; and some of them say in expresse termes , Archbald Lord of Galloway was not valiant ( in this case ) but temerarious and foolish ; very truly and wisely , to warne others to take heed , and beware of failing in the like kinde ; very soberly and respectively , restricting it to this particular onely , and in this case leaving him his due praise and commendation in his other actions , as ye have heard hee very well deserved . This defeat drew on with it the surrendring of the Towne of Berwick ( the next day after ) by Sir Alexander Seaton , and of the Castleby Patrick Dumbarre Earle of March , lives and goods safe , themselves giving their Oath of allegeance and fealty to the K. of England . He commanded the Earle of March to re-edifie the Castle of Dumbarre , which he , being not able to keepe it , had demolished , that it might not be a receit to the English . And within a short time this overthrow had wellnigh overthrowne the Kingdome , and the cause : for the greatest part of the Nobilitie , that were not dead before , being slain in this conflict , the rest flying to save themselves , to strengths & desa●…ts ; Balliol assisted by Robert Talbot ( a Noble man of England , whom the King had left with him , with a few English bands ) being aided by his Favourers in Scotland , made himself once more King , and was confirmed by Parliament , within half a yeare after he had been driven out . All yeelded obedience to him , save onely foure Castles , to wit , Loch-leven , Dumbarton , Kildrummie , Urwhart and Lowdon peele , seated on a little lake ; so that no man in Scotland durst call David Bruce their King , except young children in their playes : so far were matters altered by this check ! Where it is to be marked , that as by the wise and wary government of the same Archbald , his Countrey and lawfull King were defended , and Balliol chased out of his usurped Kingdome : So by the same mans oversight in government , both the usurping Edwards ( English and Scots ) are repossessed again therein , and his Countrey plunged into misery , and the rightfull King and his partners brought to great extremitie . Of so great efficacie is good , or evill government : therefore it is so much the more circumspectly to bee looked to , and to bee exercised according to the rules of wisedome , and not after the opinions of men , fame , and reports , anger , or whatsoever other cause doth make men stray from the right and strait course of reason . This was the lamentable condition of our Countrey : But let us have patience a while , and wee shall shortly have better newes . Both these usurpers shall ere long bee driven to let go their hold , and at last be utterly disappointed of all their hopes and projects ; God conserving the liberty of this Countrey , and the Crowne thereof to the rightfull heire , and the Bruces bloud , in whose posterity it shall yet prosper . In which work no little part shall bee the valiant and faithfull efforts of the Douglasses . Amongst whom it were requisite to speake of the next Lord Douglas : But the order of time draws me another way : it being long before his turne come in , even tenne or twelve , or perhaps twentie yeares , as shall be seen in the owne p ace , for hee hath been young ( it should seeme , ) and abroad out of the Countrey , but in his absence some other of the Douglasses must not be idle . Archibaldus Duglasius ad Halidonem coesus , 1333. Non potuit perferre nefas , foedamque Tyranni Perfidiam . Et quisnam sustinuisse queat ? Ergo furens animi , atque accenso pectore inardet Praelia , & ingratas increpat usque moras . Poscimus aut aequo ( dixit ) certamine Martem , Aut certum est fatis cedere velle tuis . Ah nimis ! ah properant ! Non illis ignea virtus Defuerat : nocuit praecipetasse nimis . Nec te victorem jactes , temeraria virtus Sic nocuit . Vinci vis animosa nequit . In English thus , He was not patient enough to see The Tyrants faithlesse fact ( and who could be ) Hence his enflamed breast with anger sweld , Enrag'd at such impediments as held His hand from just revenge . Come let us trie Our chance , and winne the field , or bravely die , If fate will have it so , he said : and all With too much haste obey'd their Generall . No courage wanted , but the hard event Prov'd the act rash , and lose the punishment Of ill rul'd valour . Thou didst nothing gain . Who to his passion yeelds commands in vain . Of William Douglas Lord of 〈◊〉 , called the flowre of Chevalrie . BEfore we proceed to the rest of the Lords of Douglas , the order of the History requires , that wee speake something of William , not Lord of Douglas , but Lord of Liddesdale , and a worthy member of the house and name of Douglas . The first mention of him , and his actions , is at the battle of Annand , where hee was with Archbald , Lord of Galloway . The last of his actions of importance are in the beginning of the first Earle William , before the battle of Durham the space of thirteen yeares or thereby : which time hee imployed for his lawfull King and Countrey against the usurpers , so diligently as shall bee deduced in the progresse of this Story . Writers call him naturall sonne to Sir James slain in Spain , which is truth : But they erre when they say that John Lord Dalkeith was brother to William Lord of Liddesdale , hee being Liddesdales uncle , and Sir James brother , so master John Major hath Davidis , for Gulielmi , and Hollinshed , and 〈◊〉 William for Archbald , who was made Captain of the castle of Edinburgh , by this same William . But it is so clear and manifest whom they mean of , that there is no question to be made of it . However it be , he hath so honoured and nobilitated himself by his vertue , that no posteritie needs to enquire of his birth . We finde that he was married to a daughter of Sir John Grahame , Lord of Abercorne , called Margaret Grahame , by whom he got the lands of Liddesdale , he had but one onely daughter ( Mar●… ) who was married to Sir James of Lowden , who after the Lord Liddesdales his death , and Marga●…t Grahames , got the lands of Liddesdale . His first appearing , to wit , at the battell of Annand , hath been spoken of : after that hee was for his wisedome and manhood accounted worthy to have the custody and government of the West Marches , ●…s the charge of the East Marches was committed to Patrick Du●… . Being Wairden there , hee had his residence at Annand , where at a certain skirmish with the English , his men were scattered , himself was hurt and taken prisoner , about that same time that Regent Murray was taken at Roxbrough , to wit , in the yeare 1332. before the battell of Halidoun hill , which was the occasion that he was not there with his uncle Archbald , Lord of Galloway . He continued a prisoner untill 1335. and then he and Murray were both set at libertie , having payed a great summe of gold for their ransome . It is strange that these two great Politicians ( the two Edwards I mean ) intending a conquest of Scotland , should have suffered such men to bee set at liberty at any rate , without making them sure to their side ; considering that the detaining of them would greatly have facilitate their designes : and their liberty , being enemies , hinder and annoy them , as we shall heare it did not a little . It was apparently the pride of their hearts in that good successe , which made them carelesse and secure , not fearing any danger from these or any else . So doth successe and pride growing thereupon commonly blind men : or so doth God blinde the ▪ wisedome of unjust men , when hee hath a work to do against them . But before wee come to the rest of the deeds of this valorous Lord , we must take a view of the estate of things at that time , that the circumstances ( which are the life of History , and light of actions ) being knowne , the actions themselves may be the better considered . We have heard how desperately things went on the Brucian ( which was the onely right ) side : hee that was lawfull King durst not bee named , nor there was none that durst do so much as once offer to call him King , but the little children in their play , who still stiled him so ; whether by a naturall inclination to their rightfull Prince , or by some spark of Divine inspiration joyned therewith , who can tell ? or who knowes these things ? what motions will either remain of old or spread of new in the hearts of men , where Gods work is to be done ? wise men keep silence , and therefore the stones behoved to cry out , and foolish simple babes beare witnesse that the Bruce was King , for all the usurpers confidence and crueltie : no doubt , it was with great derision , and contempt of the hearers , but the event did justifie it , that it had a secret mover . No man saw the means how it could come to passe , but means will not be wanting , where a work is to be done . This ought to be a heartning to good subjects in their lawfull Princes quarrell , and for good men in all good causes , not to despaire for want of means . Let men do their best , means will come from whence they least dream on : Perhaps it will fall out so here in this case : Out from among the midst of the enemies the first glimpse of deliverance doth arise . There were that conspired against the Bruce to wrack him , and the Countrey , England and the Balliols faction in Scotland , and those had overrunne all . There comes a blink of favour , and hope from Rome , by the procuring of France . The Pope sends to King Edward of England , to desist from invading of Scotland , but that evanished without effect : pride had so farre prepossessed his heart , that he thought himselfe sure to make a conquest of Scotland , pleasing himself in his owne conceit , and supposing Scotland neither durst , nor could ever make head against him hereafter : wherefore he will not do so much as give the Ambassadours leave to come into his sight . A manifest contempt , not so much of the people , as of the voyce of equity and reason : But he called it reason what he had ability to doe : ( Stat pro ratione volu●…as ) is the voyce of Tyrannie , and indeed a change being to come , pride behoved to go before ; bùt the working of this is obscure , and not perceived at first openly : di●…ention amongst the conspirators doth arise upon a light occasion , a gnats wing ( as the Proverb is ) but it growes to a Mountain . Talbot an English man was appointed with Balliol ( as hath been said ) for to govern Scotland , his co-adjutors for re-conquering of it were ( amongst other Scots Englized ) David Cummin Earle of Athole , Henry of Beaumont , John Mowbray an old favourer of that faction , from the time of Edward the first , of whom he had received diverse lands for ill service to his Countrey , which Edward esteemed to bee good ; as indeed it was profitable to him . This John Mowbray was dead , and had left his lands to be divided between his two daughters , and his brother Alexander , or rather as a bone , and a matter of debate amongst the whole faction : for his daughters claiming it as heires of line , his brother by heire-male as entail , the Case was brought to judgement . Henry of Beaumont had married one of the daughters , he therefore was fracker froward that way , as one that was interessed . Talbot and Cummin swayed this way ; Edward Balliol enclined to the other party , and gave sentence for Alexander the brother . Hereupon dissention ariseth ; they grudge and murmure against the judgement , they complain of it in their open discourse , and speaches , as unjust : they withdrew themselves from Court , as mal-contents . Talbot goes into England ( perhaps to complain to the King ) and as he came thorow Lowthian , hee is taken by some of King Bruces party ( who began to show their heads upon this occasion ) and carried to Dumbarton where hee died : Beaumont put hand to work , and without so much as acquainting the King withall , takes Dungard a strong Castle in Buchan , and the rest of the lands that were in plea , hee ceaseth them , and makes them his owne by the law of the strongest . Cummin gets him into Athole and there fortifies himself against whosoever should assail him . This terrifies Balliol so , that he retreats his sentence , and turnes his coat ; agreeth with those two , granting unto Beaumont the lands which he had adjudged from him , and giving Cummin diverse other good lands which belonged to Robert Stuart , who shall reigne afterward , to shew upon what ill ground that gift was founded . But is he the better for this injustice ? for injustice it must be either first , or last , he is not so much the better , as in likelihood he should have been ; for injustice is never profitable . If hee gain one , he losseth another : hee winnes Cummin and Beaumont , but he loseth Alexander Mowbray : who thereupon joins himself to the other party . And thus was this usurpers faction brangled , then bound up again , and after divided again by want of worth in Balliol their head . But this is not all , for it seems that Cummins mind hath not been so much soundly reconciled to Balliol , as it hath been onely plaistered over , which may appea●…e to bee probably collected out of the History , which they say is thus . Edward of England came with 50000. men into Scotland ; to what purpose so many ? was there warre ? None saith he , nor rebellion greatly , that appeared any where , what doth hee then ? doth he fight with any man ? doth he fortifie Castles ? we heare no word of any such matter . What hath been his intention then ? wherefore came he , and with so huge an Army ? they tell not . But let actions speake , they will tell : All agree in this , that he tooke away Balliol into England ; there is one point : Then hee hath been jealous of him , and hath feared perhaps that he would not continue long his vassall , as his Grandfather had proofe , in Balliols father : but what doth he more ? hee leaves Cummin to guide the 〈◊〉 in Scotland ; there is another point : Hee makes him Viceroy in Scotland for Balliol , and Balliol in effect prisoner in England . Of which course Edward of England is the Authour , let it bee so ; who will purge Cummin of having been a Counseller , a suggester of information for his owne advancement ? he being a man that did ever hunt after preferment , which he made the scope of his actions , and compasse , by which he ever sailed , being also of an aspiring mind , and of a fickle and various disposition and nature . However it be , this is another division in that society between the Edwards , the usurping Kings . And thus much of the estate of their faction . Concerning the other partie that stuck to the lawfull King Robert Stuart , that afterward was King , had escaped Balliols ambush : being but fifteen yeares of age , and by the help of his friends , was conveyed to the Castle of Dumbarton , where hee was received by Malcolm Fleeming Captain thereof . Now both the Edwards being absent , and he having a particular spleen against Cummin , who possessed his private inheritance ; the said Robert with the help of Colin or Duncan Campbell in Argyle ( from whom he obtained an aid of foure hundreth men ) had taken the Castle of Dunholm in Coile , and destroyed the English Garrison there , whereupon the men of Boote ( which was his private inheritance ) had taken armes , slain Allane Lyle there Captain , and Sheriffe , who was placed there by Balliol and Cummin , and were come home very joyfull to their old master the Stuarts . Upon this Thomas Bruce Earle of Carrict with his friends , and neighbours of Coile , and Cunninghame , and William Karrudise of Annandale ( who had ever refused the English yoake ) coming forth out of the place where they had lurked , resorted to him also . John Randulph Earle of Murray was returned from France , and did incourage them with hopes of forreign help of Jefferey or Godfrey Rosse ( Sheriffe of Aire ) had drawne Coile , Carrict , and Cunningham to be of the partie ; Ranfrow was also returned tò the Stuarts . By their example , the dependers of Andrew Murray had drawne all Cliddesdale to them , partly by faire means , partly by force . These under the command and leading of Robert Stuart , and John Randulph had passed into the North parts , chaised David Cummin , Governour for the English to Lochaber , and compelled him to yeeld , and swear obedience to David Bruce : Notwithstanding , that the enemy had committed to him so great a charge , as to bee Lieutenant for him in those parts . About this time or a little before , William Lord of Liddesda●…e returns from his captivity , having been three yeares in prison : And hee is no sooner returned , but that presently he begins to serve his King and Countrey faithfully , and diligently against both their enemies , Scots and Englized usurpers ; recompencing his long imprisonment with his enemies losses , especially in Lowthian : for the more easie performance hereof , and that hee might annoy them that were in the Castle of Edinburgh , ( which was then held by the English ) and them that went toward it , hee lay in wait in Pentland-hills . To him John Randulph , after that he had left David Cummin Earle of Athole Lieutenant for him in the North parts ( Randulph and Robert Stuart were chosen Governours by the Kings party ) did adjoyn himself as to his old and fast friend : from thence they both went to Perth , to a Convention of the States , the 2. of Aprill 1335. But there was nothing done at that meeting , because of the enmity betwixt the Lord Liddesdale , and David Cummin Earle of Athole . The occasion was , the Lord of Liddesdale alledged that hee was detained longer in prison , then other wayes he would have been , by the means of the the Earle of Athole , who ( no doubt ) did thinke it meet for Balliol and the English faction , and therefore advised them to keep him . And certainly he was wiser in that point , then they that set him at libertie for ransome : Now under the colour and pretext of this ill will between him and Liddesdale , Athole was so strongly accompanied with his servants and dependers , that the rest being jealous of his disposition , and fearing his present power did conclude no matter of importance , Robert Stuart enclined toward him , but all the rest favoured the Lord Liddesdale . Robert was young , and knew not the disp●…sition of Athole , which the rest knew better , and what ods was between them in fidelitie , which was not long in discovering . For King Edward of England came with a great army , both by Sea and Land , and brought Balliol with him . So soone as he came to Perth , Athole being solicited to defection from Bruce , he was not very hard to wooe , whereas Liddesdale did still his uttermost endevours for him . One of the Governours ( to wit , Robert Stuart ) being sick , and the other ( John Randulph ) thinking it too heavie a burden for him alone to fight , divided his forces , that so he might the more annoy the King. Now word was brought to him , that there was a great army of the Guelders coming through England , to joyne with Edward , and help him against the Scots . Wherefore Randulph passeth over into Lowthian , to try if he could conveniently intercept them , and cut them off ere they should joyn with the King. There came hither to assist Randulph ( the Governour ) Patrick Earle of Marche , William Lord Liddesdale , and Alexander Ramsay of Dalhousie , and others . These being assembled together , lay in wait for them near Edinburgh in the Borrow moore : and so soon as they came in sight one of the other , without any delay of either side they joyned battell , and after a great conflict , the Guelders were put to rout , and chased to a little hill , where was a ruinous Castle . There they were besieged all that night , and the next day , they rendered themselves , lives safe . Others write that they fled to the Castle hill of Edinburgh , up Saint Maries wind or lane , defending themselves valiantly through the high street till they came to that place , where they slew their horses , and made ( as it were ) a rampart of their carcasses , and so saved themselves . There they stayed all that night , and having neither meat nor drink , nor convenient lodging , opprest with hunger , and cold , and thirst , yeelded themselves on the morrow . This narration seems not to bee so probable , as the former ; for if it had been at the Castle of Edinburgh , it might have made them more support , atleast releeved the Duke , and have saved him . Besides that , the town of Edinburgh should suffer strangers to passe through the midst of them , and neither aid them if they were friends , nor as●…ail them if they were enemies , nor shut their gates if they were neutrall , for fear of some danger to come to their towne thereby , but suffer both parties to have free accesse into their chief street and to stand as lookers on , it hath no great likelihood . They ascribe also the winning of the field , to the Lord of Liddesdale , who was not ( as Hollinshed sayes ) present at their first joyning battell , but came to it from Pentland-hills in so convenient time ; that if he had not come , the Guelders who fought exceeding well , had got the day . Others make no mention of Randulph , but of the Lord Liddesdale , and Alexander Ramsay with him . Those that write of this battell , tell of a huge and wonderfull stroake given by Sir David Annand in his fury , hee being hurt , stroke his enemy on the shoulder with a Pole-axe , and clave him and his horse down to the hard pavement , in which , the force of the stroake left a great mark long after . And no lesse memorable is the valour of a woman in the Guelders army , who at the beginning of the battell stept forth before her company , and encountred in a single combat or duell a Scotish Squire , named Robert Sha●… ▪ whom she slew , and afterwards beat downe her enemies on each side , till at last after a good time shee was compassed about , and so slain . The Duke of Guelder their Captain having yeelded , was courteously , and honourably used , his stuffe and baggage was restored to him , and himself set free . The reason of this was , because G●…y Earle of Murray , having been bred in France , knew that the French King did affect him ; and therefore to gratifie him , he shewed him this ●…avour to let him go without any other hurt or dammage ; onely he made him sweare , hee should never aid the English again against the Scots . This same Author sayes that this was not the Duke of Guelders , but the Earle of Namurs called G●…y contrary to all our Writers , who with one consent affirme that it was . And if it were G●…y of Namurs , he had alwayes been an enemy , and received greater courtesie then enemies 〈◊〉 , and more favour then was expedient for the Countrey . Nay , 〈◊〉 was not content to dismisse him free onely , but would needs for his safety , accompany him to England , in which journey they were suddenly set upon by the Lord 〈◊〉 , and the Englized Scots , who had dressed an ambuscado for them , and there Randulph was taken , and the Lord Liddesdale hurt in the leg . The Governour was 〈◊〉 to the two Edwards that lay before Perth , which towne was thereupon soone after rendr●…d unto him . Upon this successe of the usurpers faction , A●…hole very glad of what had 〈◊〉 out , accounting the prize now 〈◊〉 , and following forth his 〈◊〉 pollicie revolted again to the usurping Kings ▪ thinking it safest to side with the stronger , and did now clearly show , how worthy he was of that favour bestowed on him by Robert Stuart , who at the Convention at Perth had appeared on his side against the Lord 〈◊〉 . And not onely did Cummin come in to them , but undertakes also the government of Scotland once more as Lieutenant for the English , promising to root out all these of the contrary part that should stand out , and would not acknowledge their authoritie . The King of England partly for lack of victuals ( which were put out of the way by the Governour ) partly because of his journey into France , which he was then projecting , returned into his owne Countrey , and took along with him Balliol , who had the name of a King , but was indeed a very slave to another mans affection , for a vain and empty title ; a just reward for his foolish trusting to a stranger in prejudice of his Countrey . Athole being willing to doe what hee had said to the Edwards , that he might approve his service and fidelity unto them ( whereby hee proved also false to his lawfull King , and late benefactours ; his so friendly enemies , who had not onely pardoned him so lately , and saved his life , but trusted him so far , and committed so much to him ) left no kind of crueltie unpractised , that he could against his Countrey , so far , as that almost the whole Nobilitie relented , and became slack and remisse againsthim , or did yeeld unto him , having forgotten their duty . But behold the reward of such wisedom , and the due fruit of such seed as he had sown ; a fruit that is often reaped of such seed , if men would beleeve , & observe it : though the present appearance , the first buds and blossomes of things do blinde their eyes , & make them choose that which should not be chosen , which is unacceptable to man , and not past over by God , as is seen in this man before the yeare be fully expired . For Robert Stuart being sick , and Randulph a prisoner , there were left but three Noble men who stuck fast , and were faithfull to their King , and Countrey . These were William Lord Liddesdale , Patrick Earle of March , and Andrew Murray who had been Governour . They were so constant , that no promises could corrupt their fidelitie , nor no threatning nor danger could quail their courage so , as to bow their hearts to any English servitude . Some adde unto these the Earle of Rosse , and William Lord Keith . These did greatly hate his unnaturall dealing against his Countrey , and treachery against his promise , and crueltie joyned withall : three things ever odious and hatefull to honest minds . Wherefore understanding that hee lay at the siege of the Castell of Kildrummie , they levied such companies and number of men as they could get , and marched towards him . Cummin being advertised hereof , raiseth the siege , and meeteth them in the fields within the Forrest of Kilblane : There they fought it very hardly , and Cummin being more in number , had overthrown them ( as it is thought ) but that John Craig Captain of Kildrummie , issuing forth with three hundreth fresh men , restored the battell which was almost lost , and gave them an undoubted victory , which when Cummin perceived ( being conscious of his owne ill deserving ) that he might not fall into his enemies hands alive , he rushed into the midst of the battell , and so was slain : Sir Robert Minyeis fled to the Castle of Kenmure ( saith Boetius ) who saith also that Alexander Gordon was he that slew Athole ; but others attribute it to the Lord Liddesdale himself , who for that cause , and for the slaughter of Sir Thomas Minyeis ( it may be they mean Sir Robert ) at the Castle of Lochindors , in the Sheriffedome Sheriffedome of Bamfe , was rewarded with the Earledome of Athole , and is so stiled in the resignation by which hee surrenders it again some foure yeares after ( to wit , 1341 ) the 16 of February in favour of Robert Stuart , Great Stuart of Scotland , whereof the evident is yet extant in the Register . There died in this battell besides Athole , Walter Braid , and Robert Cummin , and a great number of others both Gentlemen and Commons . Sir Thomas Cummin was taken prisoner , and the next day ( being the 1. of January ) he was beheaded . They were not above 1000. or ( as some write ) 500. choice men against 3000. yet the event was ( as wee have said ) favourable to the just and right cause . This battell was fought the last of December , 1337. By this blink of fair weather in such a storme of forrain assaults , things were again somewhat changed , and the Brucians encouraged : wherefore that they might have some face of a settled estate and government , they choose Andrew Murray Regent as hee had been before his captivitie . He went into the North , and in the mean time the Lord of Liddesdale with a company of chosen men passeth over into Fyffe , and besieged the Castle of Saint Andrews , Falkland , and Luchers , all which he tooke in with small difficulty , by his wisedome , and manhood , though they were strongly manned , and well fortified , and furnished with munition , and victuall . Major re●…erreth this to the time after the Governour came backe out of the North. After this , he returned into Lowthian to his old haunt in Pentland-hills to wait his time , and watch the English that lay in Edinburgh Castle , that hee might slip no occasion of troubling , and molesting them . At last this occasion did happen ; the Towne being full stuft with a great number of Souldiers , both English and Scots : There was a scottish man amongst them of a stout stomack , named Robert Phanderghest whose lot was fallen to be on that side , but his heart was with the other party , and hee carried no great good will to the English. This being perceived he was the worse entreated by them , so that one day his head was broken by the Marshall Thomas Kneveton , whereat taking indignation , hee sought all means to bee avenged thereof , and so brought it to passe that he shortly after slew him ; and to avoid the danger of punishment , fled to the Lord Liddesdale , whom having informed of the negligence that was growne amongst the English ; he perswaded him to take advantage of their sloath , he nothing slack in a businesse of that nature , went secretly in the night to the Towne , and slew foure hundreth of them in their sleep , and drunkennesse , before they could make any resistance . About this time Murray the Regent dieth , after he had brought back all the Northerne parts of Scotland to his Princes obedience excepting Perth , a great losse for his Countrey , and hee greatly regrated ; But no losse is without some gain . Robert Stuart had now recovered his health , who was the other Governour ; ( and as some write ) hee assumed the Lord Liddesdale for his collegue , whether that were so or not , and what ever his place and name was , hee was a notable adjunct to Robert Stuart , and under his authority performed much good service , and profitable to King and Countrey with great hazard of his life , by receiving of many wounds ; while he did assail and vanquish greater numbers with far fewer : So that by his prowesse and singular valour hee reduced Tivedale , Niddesdale , Annandale and Cliddesdale ( except the Hermitage ) to the Kings obedience , having expulsed from thence all the English. These lands and strengths were lost again after the battell of Durham , and recovered again the second time , by VVilliam the first Earle of Douglas , which wee have inserted here , lest men inconsiderately should confound , and mistake the one VVilliam for the other . By these doings his name came to bee spred throughout the whole Island , insomuch that Henry Lancaster Earle of Darbie hearing thereof , and being himself a valiant man , and desirous of glory , provoked him to fight with him hand to hand on horseback : but at their first encounter , the Lord of Liddesdale his hand was so sore wounded with his owne speare ( which brake hard at his hand ) that hee was not able to prosecute the combate , whereupon it was delayed . Major maketh mention of his justing , and joyneth Alexander Ramsay with him at Berwick : hee telleth also of one Patrick Grahame , who being provoked and challenged by an English man into the field , told him he was content ; but wished him to dine well , for ●…ee would send him to suppe in Paradise , which hee also did : hereupon hee condemns these justs and duels in time of peace ; so that it should seeme there have been some peace or truce . But wee heare not of any , I doe rather thinke there hath been some assurance at that time . That same yeare , the King of England sent a very valiant Knight named Sir Thomas Barcklay into Scotland with a great power of men to assist their faction : Robert Stuart and the Lord Liddesdale goe against him , and gave him battell at Blackburne ; where the Lord of Liddesdale fought so eagerly , that all his men being slain , he and Robert Stuart having onely three left with them , continued still fighting , and defended themselves till night , which being come on , by favour thereof they escaped , and saved themselves by flight . It was not long ere he recompensed this losse , by the defeating of John Stirline and his company . This Stirline with five hundreth men assailed the Lord Liddesdale at unawares , at a place called Cragens , having but fourtie in his company , as he was journeying without any feare or suspicion of an enemy . This did put him into a great feare at first , but he recollecting himselfe out of that sudden affrightment , fought so valiantly that hee defeated Stirline , slew fiftie of his men , and tooke fouretie prisoners . Afterward the English that lay at Creighton , made divers onsets and incursions upon him , in one of which he was runne through the body with a speare , and was thereby disabled to doe any service for a season . So soone as he was recovered , being accompanied with twenty men onely , he set upon sixty English , at a place called The blacke Shaw , and having wisely taken the advantage of the ground , which was fitter for foot then horsemen , he slew and took them every one . In the same year 1338. the 24. of December , or as others , the 2. of November , he set upon the convoy of the English that were carrying vivers to the Castle of Hermitage , as they were in Melrosse , or neare to it , and defeated them , but not without gre●…t slaughter of his owne men : and so having got the victuals , he went and besieged the Castle of Hermitage , ●…ooke it , and did victuall it with the same victuall which he had taken at Melrosse . He vanquished also Lawrence Vauch ( alias Rolland Vauch ) a very valiant man , with a great company of Englishmen . And in the yeare following ( 1339 ) he fought five times in one day with Lawrence ( or William ) Abernethie , a Leader under Balliol , and having beene p●…t to the worse foure times , saith Hollinshed , Boetius , five times , at the sixth time vanquished him , and slew all his men , and took himselfe prisoner , and thereafter presented him to Robert Stuart , who sent him to the Castle of Dumbartan . For these and such other exploits atchieved by him , he was highly esteemed of all men , and got the name which is commonly used of him , The flowre of Chivalrie . He was after this sent Ambassadour into France to informe King David of the estate of the Realme , and to conferre with him about weighty matters , being either chosen for his worth , or only sent by Robert Stuart as his Collegue , and so fittest for that employment . While he was there he obtained pardon of the K. of France , and peace for one Hugh Hambell a famous Pirate . During his absence in France , Robert Stuart had laid siege to St. Johnstoun in the yeare 1339. and had divided his Army into foure squadrons , under foure chiefe Captaines ( each Captaine commanding a part ) of which he himselfe was one , the Earle of March another , William Earle of Rosse the third , and Magnus Mowbray Lord of Cliddesdale the fourth . It was divers times assaulted , but they were repulsed with losse , it being valiantly defended by the English that were within . They had lien at it ten weekes without doing any good , and were now almost quite out of hope to take it ; so that they began to thinke of leaving off , when in the very meane time the Lord Liddesdale arrives on Tay , having brought with him out of France Hambell the Pyrate , with five ships well furnished with men , munition , and weapons . These men the Lord Liddesdale had hired in France of purpose for this businesse ; amongst them were two Knights of the family of Castle Galliard , and two Esquires , ●…iles de la Hayes , and John de Breise , He landed a part of the souldiers , and left the rest in the Ships to keepe the mouth of the river , and he himselfe marched to Cowper in Fife to take it . It had beene deserted by the Englishmen for want of vivers in the time of Murray the Governour , and now againe it was seized by the Englized Scots for the use of the English. Their Captaine at this time was one William Bullock an English Priest , but a valiant man , who was also Treasurer for them and the faction . The Lord Liddesdale deales with him , that seeing there was no hope of succour from England , and that the Scots Garrison was not to be 〈◊〉 to , he would forsake the English faction , and enter into King Davids service , promising to procure him lands in Scotland . Bullock accepted his offer , and having obtained his promised lands , hee did much service afterward to the King and the Lord of Liddesdale . Having by this meanes recovered Cowper , he returned to the siege of Saint Johnstoun , where ( as he was ever forward ) he was hurt in the leg with the shot of a Crosbow going to the Scalade . Neverthelesse , he departed not till the Towne was taken , or given up by the Governour thereof Thomas Uthred . The manner of the taking of it was this : when the siege had lasted foure moneths , and was like to have continued longer , the Earle of Rosse by digging of Mines drew away the water , and dried up the Fous●…es and Ditches , so that the Souldiers going to the assault upon dry ground , and approaching the walls without any let or difficultie , beat the defenders from off the walls , especially by shooting of darts and arrowes out of the Engines which they had caused make : And so they rendred , and departed with bag and baggage in the yeare 1340. Within foure dayes after Stirline was also besieged , and rendred on the same conditions . After the siege of Saint Johnstoun was ended , the Lord Liddesdale rewarded the Frenchmen very liberally , and sent them backe into France well contented . He caused also restore to Hugh Hambell one of his best Ships , which was taken by the enemie during the siege . For Hambell having adventured to approach the Towne with his Ships to give an assault , one of them was taken by the English , and now was restored . Thus K. Davids party did flourish by the faithfull valour of these his good and notable subjects , and prevaile against the pretended K. Balliol : who seeing such successe in K. Davids affaires , durst show his face no longer ▪ but having lurked a while in Galloway , by changing and shifting places for feare of being intercepted , and wearying of that kinde of life , he returnes into England now the second time after his conquest ; he did not possesse his Kingdome long , and but with little ease or contentment , what by the Scots chasing of him , what by the King of England ( his good Master ) detaining of him little better then a captive . A shadow of a kingdome , or slaverie rather ; being miserable indeed , yet sees he not his miserie , but seeketh it againe , and loseth it againe . But let us returne to our Lord of Liddesdale , who desists not here from doing of good service to his King and Countrey . Edinburgh Castle is yet in the possession of the English : it was too strong to force , wisedome must supply , which was not lacking in him , no more then valour ; a good harmonie , and happy conjunction , which were ever to be wished ! There was one Walter Towers ( of whom are descended the Towers of Innerleith ) a man of his acquaintance , and a follower of him , had ( by chance ) a Ship laden with victuall in the Firth of T●…y beside Dundie . Liddesdale causeth him to bring about his Ship to Forth , where ( as he was instructed ) feigning himselfe to be an English Merchant , and sending some flagons of very fine wine to the Captaine of the Castle , he prayed him to take him into his protection , and that he would give such order as the rest of his victuall might be free from all danger and perill of his souldiers , and of the enemie ; promising that if the Garrision in the Castle had need of any thing , he should command any thing that was in his power , so ●…arre as it could reach . The Captaine desired him to send some hogsheads of the same wine , and some bisket bread , and promised him accesse when he pleased : he further warned him that he should come timely in the morning for feare of the Scots , that did make frequent onsets and incursions in those parts . The Lord of Liddesdale being advertised hereof , chooseth out 12. of his best men , and the same night goeth out to Walter Towers ship , and he and his men having borrowed the Mariners apparell , did put it on above their Armour , and so went to the Castle , carrying the wine and victuall with them : he had before placed the rest of his men as neare as he could , that they might be in readinesse , upon a signe given them , to come to the Castle to his aid . Liddisdale himselfe , with Simeon Fraser , and William Bullock ( say our Writers , but his name was Sir John Bullock ) went a little before , and the rest followed a certaine space after . When they were let in within the Bulwarke , perceiving the keyes of the Castle hanging upon the Porters arme , they slew him , and without noise opened the gate , and presently gave the signall , by winding of a horne . This sound gave warning both to his friends and enemies , that the Castle was taken . Both made haste , the one to defend , the other to pursue ; but the Scots having a steep hill to ascend , behoved to come forward the more slowly : for that cause ( lest their Lord should be excluded from his men ) they cast down the carriage in the gate to keep it open , and having fought a sharp fight , at last they that were within gave place : the Captaine with six more were taken , the rest were all slaine . And having thus wonne the Castle , he made his brother William Douglas ( say they , but should call him Archbald ) Keeper and Captain thereof . This same yeare or the next ( 1342. the 30. of March ) Alexander Ramsay tooke Roxburgh in Tividale , and sone after John Randulph was set at liberty in exchange for John Montague taken in France ( saith Major ) and tooke in his owne Castle of Lochma-bene in Annandale . So that by the industrie and efforts of these three Wairdens , the Lord Liddesdale in the middle March , Alexander Ramsay in the East , and John Randulph in the West : the English were wholy expelled out of Scotland beyond the Borders , which fell out in the time of Edward the third : neither did the English men possesse one foote of Scottish ground , excepting the towne of Berwick . Such good service did these Noblemen , with the other good Nobilitie , in the minoritie and absence of their Prince from his Countrey , against the great force of England , and a great part of their owne Countrey of Scotland , being unfaithfull Subjects , unnaturall Scottishmen . And this these Nobles did even for the love they bore to King Robert , this Davids father , bearing the heat of the day for him , while he is at ease and securitie , with watching , hunger , thirst , cold and great effusion of their bloud , to make the Kingdome peaceable to him , choosing to adventure their lands , their lives , and whatsoever worldly thing is deare unto men , rather then to abandon him , and follow his enemies with ease and quietnesse , under whom they might have lived a peaceable life ; if they would set aside regard unto their honour and duetie . Such is the force of the love of Subjects , beyond all strength of men , and riches of treasures , onely able to bide a stresse , and hold out : As may bee seen by this example to bee remarked greatly by subjects , and entertained above all treasure by Soveraignes , and to be accounted a chiefe , yea almost the onely point of true policy , to love and make much of all men , and most specially their Nobilitie ; that they may in such their Princes straits ( when they shall happen ) endure the better as these men did , which they could not have done , if they had not had authority and dependance , and so been respected by their inferiours : who so would diminish this authority in Noblemen ; abasing them too farre , and making them suspect to Princes , and not safe for them , they erre greatly in policie , and unadvisedly cut the props of the Princes standing , which being brangled but a little , his Kingdome is easily bereft him , all authoritie going away with his owne person : It fell well out with King David Bruce , that these Noblemen were not so , and therefore the more able to doe so great things for him . After these things , they sent Ambassadours to desire King David to come home , and so hee did the 2 ▪ of June that same yeare . His first Act was carefully to inquire for , and gratefully to reward such as had suffered in his service , a prudent Act ; But allas ( the mal heur ) it falleth often out that Princes know not all things , and ere they be informed , they many times conclude . The cause of many errours and much mischief hath happened thereby , as it fell out here . We have heard how the Lord of Liddesdale ( amongst many his notable services ) had in speciall expelled the English out of Tividale , and diverse other places , by his wisedome and valour , and was therefore rewarded with the same lands , which he injoyed afterwards as his rightfull inheritance ▪ from thenceforth he so used it , as in a manner conquered by himself . He was Wairden , and so defended it : defending ministred justice , and discharged the place and office of Sheriffe , having wonne it from the enemy . This hee did with the tacite consent of the Countrey , and by allowance of those that were in authoritie . Thus being in possession , and trusting to his deserving towards King and Countrey , and the Nobilitie of his bloud , and potencie of that house he was come of ; he looked for no competitour in that which he had taken from the enemy . And not knowing or not caring for the Law ( as is customable to Martiall men ) or perhaps being prevented , being slower in going to King David , or on some such like occasion : the Sheriffe-ship is given from him to another . Alexander Ramsay was amongst the first that welcomed King David at his return , and was received kindly as hee had merited , and much made of by him , who for his service gave him the keeping of the Castle of Roxbrough , and together with it ( whether of the Kings owne free and mere motion , or any other suggestion , or by Ramsayes procurement ) the Sheriffe-ship of Tividale , very unadvisedly if hee knew Liddesdales interesse , very ill formed , if he knew it not . Very imprudently ( say our Writers ) who blame the Kings indiscretion , for giving it from William Douglas Lord of Liddesdale , to Alexander Ramsay ; and for withdrawing of it from so worthy a man , so well deserving to whomsoever , for that was to make a division among his owne : so it proved , for VVilliam Douglas of Liddesdale tooke it very highly that Alexander Ramsay , should be preferred before him to that office . But hee was chiefly incensed against the taker of it , as having done him a great indignitie , which makes it apparant that hee hath not onely accepted of it , but sued for it : therefore set altogether on revenge , he suppressed his ire for that present . But after some three moneths , as Alexander Ramsay was exercising the office in Hawick , and looked for no such thing : hee set upon him , and having slain three of his men that stood to the defence of their master , hee hurt himself , and casting him on a horse , carried him to the Hermitage , where hee died of famine , according to the testimony of sundry of our Writers , and the black booke of S●…ne , where it is showen that hee was taken the 20. of June , and keeped seventeene dayes without meat , save that some few grains of corne , which falling downe out of a corne loft which was above him , were gathered by him and eaten . Such is the unbridlednesse of anger ( justly called fury ) to be greatly blamed in him , yet they marke the cause thereof , the Kings unadvisednesse in procuring thereby the losse and ruine of so worthy a man of war , farre from his fathers prudencie and probitie . The King ( not acquainted yet with military dispositions ) was marvellously moved therewith , and purposed to have punished it exemplarily to deterre others from doing the like , and therefore caused search very diligently to have apprehended Liddesdale , but in vain : for hee withdrew himself to the mountains , and desert places ▪ and in time obtained pardon by the sute of his friends , of whom he had purchased good store by his worthy acts for the liberty of his Countrey ; Among whom Robert Stuart the Kings sisters sonne was his speciall good friend . That which most effectually served to procure him favour , was the magnificke , but true commemoration of the great exploits atchieved by him , the consideration of the time , in respect whereof ( the peace being uncertain without , and things not very quiet at home ) military men were to bee entertained , and used with all favour . By this occasion he did not onely obtain pardon for his fault , but hee got also the gift of keeping of the Castle of Roxbrough , and Sheriffeship of Tivedale ( and all other his lands in Tivedale , or elsewhere restored to him ) which the other had , and which were the cause of the slaughter . This clemencie of King David was ( perhaps profitable for that time , but pernicious in example . ) This fell out ( as hath been said ) three moneths after the Kings coming home , and therefore in October , or ( perhaps in September ) at the head Court in Hawick . His pardon was obtained , and his peace made with the King a little before the battell of Durham , which was in the yeare 1346. the 17. of October : So as hee hath beene three or foure yeares a banished man. After his returne from banishment , finding the King bent upon his journey against England , he wisely and earnestly disswaded him , and did exhort him first to take order with the discorders at home , and before all things to settle them . For the Earle of Rosse had slain the Lord of the Isles , whereby a great party of the Kings army was diminished , the Lord of the Isles men lying back for want of a head ; and so the Lord Rosse , and his men for feare of punishment . So did also many others that lay neare them , retire and go home , fearing least they should suffer in their absence by their neighbourhood to those disagreeing Lords , and be some way endamaged ; wherefore they thought good to provide in time , the best they could against all perrills that might happen . For this cause hee councelled the King , first to settle peace amongst his owne subjects before he enterprised a forraign war ; that peace being settled , and his army united , he might the more strongly , and with better successe invade England . But the King contemning his good and wholsome counsell , ( his French friendship prevailing more with him , then either his owne good , or the good of his Countrey ) hee raised an army wherewith hee entred England , and was encountred by the English at Durham , where the Scots were defeated , King David Bruce taken prisoner , and with him ( beside others ) VVilliam Earle of Douglas , and the Lord of Liddesdale , who were shortly after ransomed or dismissed so much the more easily , for that they had the King , and so cared the lesse for others . This fell out in the yeare 1346. October the 17. as hath been said . While the Lord Liddesdale is a prisoner amongst his enemies , he forgetteth not his friends at home . Sir David Barcklay had slain one John Douglas , brother to Sir VVilliam , and father to Sir James of Dalkeith ( say our Writers ) beside Horsewood : but they should say rather , brother to Sir William , ( for there Sir William is the same Lord of Liddesdale , of whom wee now speake , sonne naturall to good Sir James ) neither was John Douglas slain in Horsewood , but in Kinrosher , by Loch-leven . This Barcklay also had taken Sir John Bullock at the Kings command , and put him in prison in Lindores , where hee died of hunger almost in the same sort that Sir Alexander Ramsay died . The Writers lay the blame on the Nobilitie that envied so worthy a man , and accused him falsely to the King of unsaithfulnesse ; but they tell not in what point . They themselves call him a worthy Chaplain of great wisedome , singular prudencie , and eloquence , beyond any in his time , who had been Chamberlain to Edward Balliol , Treasurer to the rest of the Englishmen in Scotland , and lastly , Chamberlain to King David , and amongst the chief of his Counsellers reputed as another Chussay . Neverthelesse , thus was he delated , and taken away , having done divers good offices in the Common-wealth , and being very necessary unto it . The Lord of Liddesdale had drawne him from the English faction to King Davids party , and he had used him in good services , whereof hee was not forgetfull , ever remaining one of his speciall friends . This giveth men matter of suspition , that his death was for ill will to the Lord of Liddesdale by the King incensed against him , never digesting in heart the death of Sir Alexander Ramsay , whereby the King is blamed , as counseller or follower thereof ; and that Sir David Barcklay enemy to him , did execute it willingly , or did procure the Kings command thereto . The taking of the Castle of Edinburgh , in the yeare 1341. by the Lord of Liddesdale , was plotted by Sir John Bullock , say the Writers , who in quicknesse of wit , and sharpnesse of invention past all men in his dayes . In revenge of this , Liddesdale causeth slay Sir David Barcklay , by the hands of Sir John Saint Michaell ( say they ) but they should have said Carmichaell in Aberdene . A just fact , but not justly done ; the matter was good , the forme ill , being besides and against all order , but who could wait for order in so disordered a Countrey ? when should hee by order of law have obtained justice , his Prince being in captivitie ; his duetie to his friends defendeth the fact , the estate of the Countrey excuseth the forme . God looketh not so upon things : hee had before ( as wee heard ) slain Sir Alexander Ramsay , he must not want his owne share , but who durst doe it ? The avenger of bloud finds the means . Such is the estate of man , what can they lean to on earth ? ere he do not pay that debt of bloud , the Earle of Douglas shall exact it ; his Chief , his Cousin , and to adde that also his owne sonne in Baptisme ( as the Lord Liddesdale was to the Earle of Douglas , for the black book of Scone calleth him his spirituall father ) and thus it came to passe . The Lord of Liddesdale being at his pastime , hunting in Attrick Forrest , is beset by William Earle of Douglas , and such as hee had ordained for that purpose , and there assailed , wounded and slain beside Galsewood in the yeare 1353. upon a jealousie that the Earle had conceived of him with his Lady , as the report goeth , for so sayes the old song . The Countesse of Douglas , out of her Boure she came , And loudly there that she did call ; It is for the Lord of Liddesdale , That I let all these teares downe fall . The song also declareth how shee did write her love letters to Liddisdale , to disswade him from that hunting . It tells likewise the manner of the taking of his men , and his owne killing at Galsewood , and how hee was carried the first night to Lindin Kirk , a mile from Selkirk , and was buried within the Abbacie of Melrosse . The cause pretended , or the cause of this slaughter , is by our Writers alledged to be the killing of this Alexander Ramsay , and Sir David Barklay , and some other grudges , and so the Earle said himself , as they say , and so it was indeed , if we looke unto God ; but who doth beleeve him , that it was on his part ? no Writers , no report , no opinion of men doth beleeve it , not untill this day . They lay the cause on his ambition , on his envie of Liddesdales honour , and jealousie of his greatnesse . Reason swaies to the same side , and brings great if not necessary arguments : for what had hee to doe with Alexander Ramsay , that he should for his sake dippe his hands in his owne bloud ? farre lesse for Sir David Barcklay , on whom he himself should have taken avengement , if the Lord Liddesdale had not done it ; this John Douglas whom Barcklay slew , being so neare to himselfe ; but something must bee said to colour things . But this will not colour this blemish , though in a faire body indeed as we shall see hereafter . Doth ambition spring from a great minde ? Doth envie , of vertue ? jealousie , of hatred ? Let noble hearts eschew them ; it is the basest thought that can fall into a mans mind . Right minds love vertue , even in strangers , even in enemies ; generous minds strive to do better , not to hinder such as do well . It is a strange maxime and ill grounded , a wicked wisedome and perverse policy , to keep backe ones friend in whom vertue appeares . It is of follies the greatest folly , to hinder their growth , for fear they should overgrow our greatnesse ; the which when we doe , it comes to passe that wee are outgrowne by strangers , and often by our enemies : yea undermined oftentimes , while our friends ( thus kept under ) are unable to underprop us , as they both should and would do : a just reward of so unjust wisedome . But for themselves to put hand in them for their worth , I can finde no name to it . I must wish this Nobleman had beene free from so foul a blot , and I would fain vindicate him , and some small appearance there is , that it was not his fact . But the current of witnesses lay it upon him , and who can contend against all the world . Wherefore let us regrate it and not allow it , eschew it and not excuse it , or follow it , as we are too ready to follow evill examples . To returne , thus he lived , and thus hee died , for whose Elogium short , but worthie ; let it be said ( as it was then blazed in the mouthes of men , and cited by the manuscript ) He was terrible and fearefull in armes ; meek , milde and gentle , in peace ; the scourge of England , and sure buckler and wall of Scotland , whom neither hard successe could make slack , nor prosperous sloathfull . Hee is stiled by the Writers a second to none , and by consent of that age and voyce of the people , the flowre of Chivalrie : he was often wounded , thrice a prisoner , and ever ready to fight again , what manhood ? what wisedome behoved it to be ? with fifty men , to overcome five hundreth : with twenty , to take and slay sixtie . What invincible minde was it , that being defeated five times in one day , hee had the courage to fight and overcome the sixth time . Let Hanniball wonder at Marcellus , that neither overcoming , nor overcome , would suffer him to rest : yet was he not thus restlesse that we reade of , a worthy branch of such a stock , a true member of such a house , well retaining that naturall sappe sucked from his Predecessours , of valour , and of love to his Countrey . And thus farre concerning the name of Douglas in this branch thereof , in the time of the minority or absence of the chief . Now let us return to the Principall stock , the Earle of Douglas himself . Gulielmus Douglassius Liddalianus , 1333. caesus Omnia quando habeas , quae Mars dedit omnibus unus Ut Mars Marte ferox fulminet alta tuo , Hoc putes ut patiare parem ; tibi Defuit unum hoc : Quin age posce hostem caetera solus eris . Johns Heroes . In English thus . Whiles thou alone all valour didst enjoy , Mars doth bestow on those he would imploy , One onely vertue wanting , doth appeare To make thee excellent , thou couldst not beare An equall , bate this pride , and thou shalt have This honour never souldier was more brave . Of William the fifth of that Name , the tenth Lord , and first Earle of Douglas . UNto Hugh the ninth Lord of Douglas , did succeed his nephew William sonne to Archbald Lord of Galloway , and Governour of Scotland , who was slain at Hallidon hill . Of this William the other great branch of Douglasses doth spring ; to wit , the house of Angus , which overtoppeth the rest , and at last succeedeth unto the place of the stock . Hee it is also that raiseth the house to the dignitie of an Earledome , and doth greatly increase the state thereof . That he was sonne to Archbald , and not to Sir James ( as some doe mistake it ) it is cleare by divers confirmations , in which Sir James is expresly termed his uncle , and Archbald his father . And so doth the Charter witnesse , upon which the confirmation proceeds . The Charter is given by Hugh Lord Douglas brother and heire to the late Sir James Douglas , to William sonne and heire to Archbald brother to good Sir James Douglas . It is dated at Aberdene the 28. of May. 1342. The Kings Charter likewise cleareth it , bearing David dei gratiae , & . Sciatis nos concessisse , & . Gulielmo de Douglas ( saith the one ) Confirmasse dilecto , & sideli nostro Gulielmo de Deuglas militi ( saith the other ) Omnes terras reditus , & possessiones per totum regnum nostrorum , de quibus quondam Jacobus dominus de Douglas avunculus suus , & Archibaldus de Douglas Pater suus milites obierunt vestiti . Touching his marriage , we finde that hee had three wives ! The first was Margaret , daughter to the Earle of Dumbarre and March ; by whom he had gotten two sonnes ; James slain at Otterburn , and Archbald called the grimme Lord of Galloway , and afterward Earle of Douglas : and one daughter married to the Lord of Montgomerie . His second wife was Margaret Marre , daughter to Donald or Duncan Earle of Marre , and afterwards heire , and inheritrix of that Earledome : for this Duncan had but one sonne named Thomas and this Margaret , Thomas twise married : by his first marriage he had one onely son named Thomas also : This second Thomas was married to Marjorie sister to this William Earle of Douglas , but died without issue : his father Thomas married a second wife , Margaret Stuart , who was inheritrix of the Earledome of Angus , but he had no children by her : so that there being none left now of Duncans race , but this Margaret Marre , married to the Earle of Douglas : we finde him stiled Earle of Marre in his wives right in the yeare 1378. whereof divers Monuments and Evidents yet extant do beare witnesse . By this Margaret Marre , he had one onely daughter Isabell Douglas , who did succeed to the Earledome of Marre . She was twice married , First to Malcome Lord Drummond , by whom shee had no children . Secondly , to Alexander Stuart , sonne to the Earle of Buchan , brother to King Robert the third , but had no children by him neither , yet she did resigne the Earledome in his favour , as a Charter given thereupon by King Robert the third to him and his heires , which falling unto her and her heires . Thirdly , the Earle of Douglas after the decease of Margaret Marre , tooke to his third wife Margaret Stuart daughter to Thomas Stuart Earle of Angus , and his heire and inheretrix of the lands , & Earldome of Angus . This Thomas was son to John Stuart , & brother to Walter Stuart the great Stuart of Scotland , who married Marjorie Bruce , daughter to King Robert Bruce . Now this Margaret had a brother who died without issue , and a sister called Elizabeth , married to Alexander Hamilton of Cadyow . Margaret Stuart herselfe was first married to Thomas Marre Earle of the same , and sonne to Duncan or Donald , but had no children by him . Then shee was married to this William Earle of Douglas , by whom she had a sonne named George . This George succeeded to her in the Earledome of Angus , and by gift of his sister Isabel Douglas inheritrix of Marre , he got the lands that she had gotten from her father : which disposition Isabel made to her brother George , and not to James or Archbald , for good considerations to be related at large hereafter , when we shall come to treat of the house of Douglas . And so we see him very fortunate and honourable in his marriage , in his purchases , and in his children : his honourable minde appeares in his deportment to his sister Uterine , whom the Writers call Elconora de Bruce , to whom he gives no lesse then the Baronie of Wester Calder in maritagium to her and her heires whatsoever , with her husband Sir James Sandilands , as the transumpt of the Charter beares , extracted by James Douglas Lord Dalkeith 1420. April 4. The Charter it selfe is not dated , but the giver is cleare , Gul●…elmus Douglas Dominus loci ejusdem , and Sir James his entaile doth cleare it , in which he is called Earle of Douglas and Marre . This El●…onora Bruce had to her father Robert Bruce ( some call him Alexander ) son to Edward flaine in Ireland , and Cousin Germane with K. Robert. He was Earle of Carrict , and after the death of Archbald Lord of Galloway , he married his relict this Earles mother , and had by her this Lady Elionora , who ( as we have said ) was married to Sir James Sandilands . In regard of this marriage , and the Donation of these lands , that house of Sandilands gave the coat of the house of Douglas , a Heart , and three mullets , which none else hath besides him , except those of the name of Douglas . This Earle William was bred in France , and as the manuscript beareth , most part in the warres ; his first returne to Scotland was before the battell of Durham some few yeares , which appears by the forenamed Charter given him by his uncle in the year 1342. Touching his actions after his return , the first was a hard entry at the battell of Durham , where the King made many Knights to stirre them up to fight valiantly ; and first he created William Lord Douglas an Earle . In the morning , being Warden , he is sent to view the English Camp , and engaged among them ere he was aware , he had a number of his men slaine , and himselfe also narrowly escaped . In the battell ( being Leader of the Foreward ) he was taken , and the King himselfe likewise , with divers others . But his successe after is more fortunate : for the better understanding whereof , let us remember the estate of affaires of the Countrey of Scotland at that time . After King David Bruce was taken prisoner at the field of Durham , the English repossessed themselves of the Merse , Tivedale , Liddesdale , and Lawderdale : so that their Marches were Cockburnspath and Sawtray , and from that to Carnilops , and the Corse-cave . Balliol had gotten again his old inheritance in Galloway , and wasted Annandale , Nidisdale and Cliddisdale , with fire and sword , and had also with Percie overrun Lowthian : neither could there be an army made up in Scotland to resist him for some few yeares , so that Balliol behaved himselfe again as King : but we heare that no obedience hee got by the good will of the people . The Scots had chosen Robert Stuart ( who was King afterward ) to bee Governour in the Kings absence , but no great action is recorded , that hee was able to take in hand at such a time , and in such estate of his Countrey . The Earle of Douglas being ransomed or dismist , the more easily for that they had the King in their power , returned home . Thereafter there fell out a matter very greatly to bee lamented , that it should have fallen into the hands of so worthy a person , the killing of the Lord of Liddesdale by the Earle : let me never excuse such a fact , I may well bee sory for it . But I wonder at this , that the Earle after his slaughter , should have obtained his whole estate : not onely that which hee did acquire for his owne vertue and valour in the Borders , as Liddesdale with the Sherifship of Roxbrough , or Tweddale , but also those lands which hee had gotten by his wife , as Dalkeith , Newlands , Kilbugho , &c. But being rightly considered it seemes not so strange , for after the Lord of Liddesdale had slain Sir Alexander Ramsay , the King apparantly hath never pardoned from his heart . But being still incensed against him ( as may appeare in that action the King allowed , or rather moved of Sir David Barcklay in taking and slaying Sir John Bullock a speciall freind of the Lord of Liddesdale , and for ill will and spite of him ( say our Writers ) and that his anger being renewed , and increased by the killing of Sir David Barcklay : It is possible the King hath beene well pleased to heare and know of his ruine , whereupon the Earle of Douglas there being none so able to do it as he , being his Chief and kinsman , having his owne particular grudge , was incouraged to make him away , and having done it , hath obtained his lands the more easily . Our Histories testifie that the house and name of Douglas was divided against it self , pursuing each other for many yeares together with much bloudshed , and all upon this occasion . Belike the marriage of the Lord Liddesdales daughter , to Sir James Douglas of Lowden , Kincavell , and Calder-cleere , hath beene or should have been made in his owne time , which hath moved the Douglas of Dalkeith , Calder-cleere , and them of Strabrock to make head against the Earle , as those who did most resent that slaughter . But at last the Earle ( as commonly remorse cometh after bloud ) repenting , or at the intercession of friends , gives the lands of Dalkeith , Newlands , and Kilbugho , to Mary daughter to the Lord of Liddesdale , by resignation in favour of her ( as is extant in our publick Register ) to regain the favour and dependance of his friends , that were alienated from him ; retaining Liddesdale and his other Borderlands and Offices in his owne person : for we finde in the Register James Douglas sonne to William Earle of Douglas , and Marre , stiled Lord of Liddesdale in a letter of pension of 200 marks sterling granted to him by King Robert the first of the Stuarts . His first care was to deliver his own inheritance from the English bondage , for which purpose having gathered together a company of his friends . He recovered Douglasdale from them , having slain and chased them every man out of it : then encouraged with this successe , the favour of his countrey people increasing towards him , and greater companies drawing to him : he expelled them also out of Attrick Forrest and Tueddale , and the greater part of Tivedale . At that time John Copland ( I know not whether it were hee ) that had taken King David at the battell of Durham , or some other of that same name , was Captain of the Castle of Roxbrough , and seeing that the Earle of Douglas did so prevail against his countrey men , gathered together a great company of them , and went forth to oppose him , but was quickly put to flight , and constrained to retire to the said Castle again . Thus having repressed and ejected the English out of those parts of Scotland , he not contented therewith resolveth to invade them in their owne Countrey : wherefore he accompanied with the Earle of March ( his owne father in law ) and having gathered together a great power of men , as privately , and as secretly as hee could , hee marched towards England . They sent VVilliam Ramsay of Dalhousie before , and gave him order to burn Norame , and to spoil the Countrey about , to draw the English upon their hoast , which lay in ambuscade at a place called Nisbet-moore . Ramsay having done his part very dexterously as he was injoyned , having gathered together a great bootie of cattell , made as if hee would drive them into Scotland . The English to recover their goods , pursued him eagerly , and he slying of purpose drew them into the ambushment , where the Scots arising suddenly , set upon them fiercely , and put them to flight with great slaughter . There were taken prisoners , Thomas Gray and his sonne , with John Darcy a Noble man , and many others , even the greatest part of them . After this ( being encouraged by their former successe ) they did enterprise against the towne of Berwick , and took it in by scalade , not without great opposition and resistance , having been discovered by the watches . They had in their company Eugenie Garrantiers , with some fouretie Frenchmen more , whom John King of France had sent into Scotland a little before , with foure thousand crownes to wage souldiers therewith , and this was all excepting fair promises , a weake support in so great a strait ! and let it bee well marked , that men may see how farre they erre from the truth , that alledge that our Countrey and the liberty thereof hath been maintained and upheld by support from France , and not by the valour and industry of the inhabitants . The Nobility tooke the money , and divided it amongst themselves , prosecuting the warre in their owne manner by frequent incursions and inrodes . These fouretie were present at this exploit , and at other occasions where they behaved themselves valorously . It is said by some , that Thomas Stuart Earle of Angus was present at these surprises , and that he had a chiefe hand in it , as being the man that first broached it , and drew the rest to it by his perswasion : But most Authours mention onely the two former . There were slaine within the towne of Berwick , Alexander Ogle , Governour thereof , Thomas Percie brother to the Earle of Northumberland , and Edward Gray with others : but they could not winne the Castle which he held against them : whereupon King Edward coming to rescue it ; they being not able to keep the towne , rifled it , and then burnt it , and razed the walls thereof , in the yeare 1355. King Edward caused repair it again , and while that was in doing , he went himself to Roxbrough , where he kept his residence for that time : Thither came Balliol , and being wearied ( as may be supposed ) of his titular Kingdome , resigned all that hee had , which was a show and pretense to it . The King of England requesting instantly that hee would avenge him of the injuries done to him by the Scots , who would not acknowledge nor obey him , but had expelled him out of his Kingdome : King Edward heard him very willingly , and upon that pretext invaded Lowthian by sea and land : but his Navie was dispersed and broken by storme of weather , and by land the victuall was put out of the way , so as he was constrained to retire home again , after he had powred out his fury upon Edinburgh , Hadington , and other townes in Lowthian which lay in his way . He being gone , the Earle of Douglas passed into Galloway , and partly by force , partly by perswasion and entreatie , hee reduced that whole Countie to the Kings obedience ; and caused Donald Mackdowgall one of the principall men in Galloway , to take his oath of allegiance and fidelitie in the Church of Cumnock . Hollinshed attributeth this to the Lord of Niddisdale his brothers sonne , naturall sonne to the Lord of Galloway : he tooke also by force the Castle of Dalswinton and Carlaverock , and razed them . Some Histories say they were razed by composition , and upon agreement by King David himself after his returne . At this time also John Stuart sonne to Robert the Governour recovers Annandale from the enemy , and Roger Kilpatricke took in Disdeir . And even as before in their Kings minority they had done : so now during his captivitie , these his faithfull subjects made his enemies to reap but small profit of all the pains , having now again delivered this Countrey from them almost every where . Let it be remarked ( as wee said before ) to the end that Kings and Princes may think it the best policy that can bee to procure and entertain the love and heartie affection of his subjects , and more specially of his faithfull Nobilitie . Shortly after this they write , that the Earle of Douglas went into France with 3000. men , and was made Knight of the chiefest order in that Kingdome : he was present at the battell of Poictiers ; where the field being lost , and John King of France taken prisoner by Edward the black Prince ( son to King Edward the third ) the Earle of Douglas escaped very hardly , being rescued by his own men , of whom there was slain Andrew Stuart , Robert Gordon , Andrew Haliburton , and Andrew Vasse Knights . Archbald Douglas , son naturall to good Sir James , and brother to the Lord Liddisdale was taken prisoner , and with him William Ramsay of Colluthie . Archbald was known for a man of qualitie , but the other not known to be a man of any estate , and they perceiving it , the more to deceive their taker , Archbald used him as his serving-man , making him to pul off his boots , and do such other drudgerie , by which means he was set at libertie for a small ransome . Now , as these actions of warre do shew his valour and love to his Countrey , so likewise there fell out an occasion at home in matter of State Policie , which did no lesse manifest his prudencie , magnanimitie , and affection to his native soile ; which was this : King David being returned from his captivity , after he had spent some five years in settling of the troubles and affairs of his Kingdome , after he had fined such as had fled first at the battell of Durham , and composed such broiles and disorders as were amongst his subjects , at last in the year 1363 ▪ he kept a Parliament . There he propounded unto the Estates , that they would give way to the uniting of the two Kingdomes of Scotland and England ; and seeing he himself had no children , be contented to give way , that King Edward of England , or his son , might be his Successour . Whether he made this proposition , because he did judge it ▪ indeed to be most profitable for both Kingdomes , so to end all their quarrells , and warres , or that he had taken a great liking of the King of Englands son , or else that he had been constrained to promise and sweare to do it by King Edward , when he was in his power , or some other occasion , it is uncertain . But the motion was so ill taken by all that were there present , that they had no patience to stay till every mans vote were asked in his turn , but altogether with one voice did cry out with a confused noise and clamour , detesting it , and protesting , that so long as they were able to bear armes , they would never give their consent thereunto ; that they had one of age to be heir already , whensoever God should call him . Especially the Earle of Douglas took it so to heart , that he entred into League with Robert Stuart Earle of Stratherne , ( who was next heir , and was chiefly prejudiced hereby ) with Patrick Earle of March , George Earle of Murray his brother , John Stuart of Kile , ( afterward Robert the third ) and Robert Stuart of Monteith ( after Duke of Albanie ) to withstand and oppose this businesse to the uttermost of their powers , in case the King should prosecute it , and to defend themselves if he would use violence against them . And they were so forward herein , and went so farre on in it , that it had almost come to an open rebellion . Neither were they reconciled untill the King changed his purpose ; And then by the mediation of the Prelats of the Realm , they desisted , and gave their oath of fidelitie to him again in the year 1366. having been at variance and jealousie the space of two or three years . The English Writers would make it seem to have been but collusion , and that the King did but propound it for exoneration of his promise to King Edward , and was glad of the refusall , for that he was not to labour further in it . But our Histories signifie no such thing , and say directly that he did it sincerely , and was highly offended with the deniall for the time , and that those who had refused , looked for the worst , and set themselves for defence ; yea , that they went so farre , that some of them made incursions upon the towns and villages in the Countrey , to terrifie the King ( saith Major ) and that he might learne to know , that the whole Kingdome did not altogether depend upon him , but upon the good counsell , and mature advice of the Nobility . And Boetius writes , that the convention being dissolved , there followed rebellion of some of the Nobility : whilest they feared that they had offended the King with their free speeches , determining to enterprise and do somewhat before they should be caused to suffer . Such is the force of jealousie when it entereth into mens breasts . And therefore it is to be eschewed with great care , and the occasions thereof cut off betimes : For it cometh often to passe , that upon such suspitions , when neither partie have had an ill meaning , but have been afraid of ill , and sought to prevent it , such inconveniences have followed , as would not have fallen out otherwise . And therefore above all things assurance should be given to Counsellours , and free voters , that in their free delivering of their opinions , they shall not offend there ; or if they do suspect they have offended him , the suspition should be removed betimes , and they put in securitie . And this King David did in this matter , as the most judicious of our Writers say . They that had carried out against it most freely ( saith he ) hearing that the King was angry , were about to have made defection , whose fear when the King understood , he remitting all wrath , received them immediatly into favour . By this wise government and modestie on all sides suspition was taken away , and howbeit he was offended for the time , because they did not yeeld to his desire , yet afterward he rejoyced greatly ( as certainly he had great cause ) to see the true and heartie affections of his subjects to their Countrey , to his own bloud , and the house of Bruce , the uprightnesse , sincerity , and magnanimitie ( vertues requisite and necessary for Counsellours ) in resisting even himself for himself , for his own honour and good , which were both greatly interessed by this his desire , if he had obtained it ; being so prejudiciall to his sister , and her off-spring , who have happily succeeded yet since , besides the breach of oath to his father , the servitude of his Countrey , subjecting it to strangers , and the stain of his honour for ever , to have been the authour of so unworthie a fact . And without all doubt , it was greatly against the security of his own Person , in regard of the ambition of his designed Successour and Heir ( King Edward ) and his impatiencie to abide Gods leasure , who in a colder hope , had used indirect means to make away Thomas Randulph . What would not that man have attempted for a certain possession ? And what miserable case had the Person of this good King been in , if he had gotten his own will ? if his will had been accounted as a Law by these his subjects ? A notable example to Counsellours , of freedome , where their Princes good , and the good of their Countrey doth require it : to Princes of modestie in opposition made to that which may be their will for a time , and whereunto for the present appearance they may be verie bent . A happy King that can so dispole himself not to be wedded to his own affections onely ! Or if not so , yet happy is hee that hath such Counsellers , who will resolutely remonstrate the right , and stand to it , by which means he may be brought to examine his own affections , to see the errours of them , and rejoyce thereafter that he did not what he most desired . Certainly , this King hath rejoyced at it all the rest of his dayes , living in great quietnesse some foure or five yeares . There was not any grudge , heart-burning or suspition after this between him and any of them : such was the integritie of heart on both sides , and so it should be in reconcilements ; otherwise enmities must be perpetuall , or would be so , if it were not hoped that the reconciliation would bee sincere , and entire . Nay , where it is not so , that peace is worse then any warre , and nothing else but a snare to entrap men . King David died in the Castle of Edinburgh in the Towre which he himself had caused build , and is called from his name Davids Towre , in the yeare 1370. the nine and thirtieth yeare of his reigne , and was buried at Holyrood-house . After his de●…rease there was a Convention of the States at Linlithgow , to have Crowned Robert Stuart son to Marjorie Bruce King Roberts daughter . Thither went the Earle of Douglas , and did claime the Crowne ; where he was so strongly accompanied , that they feared hee would have taken it by force , if it were not given him voluntarily . He alledged that he was to be preferred before Robert Stuart , because his right was derived both from Balliol and Cummin . Now for the better understanding of the ground of his claime , wee must remember that King Alexander the third dying without heires , the title of the Crowne was devolved to David Earle of Huntington , brother to the said Alexanders Grandfather , King VVilliam . This David of Huntington ( as Histories relate ) had three daughters , Margaret , Isabel , and Alda or Ada. The eldest ( Margaret ) was married to Allane Lord of Galloway ; Isabel the second , to Robert Bruce , called commonly Robert the Noble ; the third , Alda or Ada , to Henry Hastings , whose Posteritie doth still yet happily with good report possesse the Earledome of Huntington . This Alane Lord of Galloway had by his wife Margaret ( eldest daughter to David ) two daughters ( as is most commonly reported ) Dornagilla and Mary . Dornagilla his eldest daughter was married to John Balliol , father to that John Balliol who was afterward Crowned King of Scotland . Mary his second daughter was married to John Cummin Earle of Marre , and ( by her ) Lord of Galloway , called Read John Cummin slain by King Robert Bruce at Dumfrees . Some write that this Alane had three daughters , and that the eldest was married to one Roger Earle of Winton , of whom seeing we have no mention in pretension to the Kingdome , it is apparent that either there hath been no such woman , or that she hath died without children . Buchanan sayes he had three daughters at his death in the life of Alexander the second . Also Boetius ( in his thirteenth book , fol. 294. ) saith the same , and calleth this man Roger Quincie Earle of Winton , who ( saith he ) was made Constable for his father in law Alane , and continued in that Office untill the dayes of King Robert Bruce , and then being forfeited for treason , the Office of Constable was given to Hay Earle of Arrall : hee sayes also that John Cummin did not marry one of Alanes daughters , but one of this Quincies Earle of Winton , who had married the said Alanes eldest daughter , which is carefully to bee marked . Hollinshed sayes the same in his Chronicle of Scotland , and calleth him Roger Quincie . John Cummin had by Mary his wife one onely daughter , called Dornagilla , who was married to Archbald Douglas slain at Halidon hill , father to this Earle William , of whom wee now speake ; whereby hee was Grandchild to Mary , and great Grandchilde to Margaret ( David of Huntingtons eldest daughter ) and by consequent reckoning from David of Huntington his daughter , 1 Margaret , 2 her daughter Mary , 3 Martes daughter , 4 this Earle William is the fourth person . On the other side , for Robert Stuart , reckoning likewise from the said David of Huntington ; his daughter 1 Isabel , her sonne , 2 Robert Bruce Earle of Carrict , 3 his sonne King Robert , 4 his daughter Marjory . 5 her sonne Robert Stuart is the fifth person , which is a degree further then the Earle of Douglas , who was in equall degree with Marjory his mother . This reckoning is not unlike that whereby Robert Earle of Carrict did claim it before when he contended with Balliol ; for Bruce was a Male and a degree neerer , equall with Balliols mother , and this Earle was also the Male , and a degree neerer then Stuart , equall with his Mother ; and besides all this , he was come of the eldest of Davids daughters , which Bruce was not . This was the ground of his claim ; but finding his pretension evill taken , and disliked by all the Nobility , and disputing that which had been decided long before in favour of King Robert Bruce , who had been confirmed King , and to whom Balliol had renounced whatsoever right he could claim ; to whom also and to his posterity they all , and Earle Williams owne predecessours , had sworn obedience , and continued it the whole time of his life , and of his sonne David the space of 64. yeares . To which Robert Bruce , and not to David of Huntington , Robert Stuart was to succeed ; wherefore the Earles chiefest friends George and John Dumbars , Earles of March and Murray , his brothers in law by his first wife , and Robert Ereskene his assured friend , keeper of the three principall Castles in Scotland , Dumbartan , Stirlin and Edinburgh , disswaded him from it : And so he was contented to desist , and joyning very willingly with the rest of the Nobilitie , accompanied him to Scone , and assisted at his Coronation ; being no lesse acceptable and commended for his modest acquiescing , then he had been before displeasing for his unseasonable motion . For the which in token of his good will , and that hee might so much the more tie the Earle to him , the new King bestowes two very honourable gifts upon him : His eldest daughter Euphane on the Earles son James , that failing heires Male , the Crowne might so fall to his house . The other benefit was bestowed upon the Earle himselfe , the marriage of Margaret Stuart Countesse of Marre and Angus , daughter and heire to Earle Thomas : This Countesse of Marre and Angus did beare to this Earle , George Earle of Angus , that was married to one of King Robert the thirds daughters ; as we shall see in the house of Angus . It is knowne that these two lived after from thenceforth in good friendship , as Prince and Subject without suspition , grudge , or eye ▪ list on either partie ; for neither did the King remember it as an aspiring , whereby to hold a continuall suspicious eye over him ; neither did he feare the King as jealous of it , or as esteeming that he had suffered vvrong in the repulse , nor seekking any means to prosecute it further , laying aside all quarrells vvith the cause in sinceritie on both sides . This should be the practice of all honest hearts , and is the onely mean to end all debates , entertain peace , and keepe humane society : farre contrary to this novv called vvisedome of diffidence , distrust , jealousie , curbing and keeping under those vvith vvhom vvee have had any difference , vvhich is the onely vvay to foster variance , and to make enmitie eternall . For trust deserveth truth , and moves a man to deserve that trust , and to be vvorthy of it . Time vvins and allures even the wildest minds of men , and also of beasts , even of fierce lions , if it bee not a monster in natu●…e , or worse then a monster , one amongst a thousand , which is the onely true and solid policie , that makes the hearts of men ours ; for men must be led by their hearts , and by no other way , and so imployed , or else let no man thinke ever to make any great use of them . King Robert after his Coronation made divers Earles and Barons ( or Lords ) and Knights ; amongst whom James Lindsay of Glenaske was made Earle of Crawford . This same yeare the peace with England was broken , which had been made with King David at his releasing from captivitie for foureteene yeares , and had now continued not above foure or five yeares onely . The occasion of it was this : there is a yearely Faire in Roxbrough , and some of the Earle of Marches servants going thither , were slain by the English that kept the Castle thereof . When the Earle of March craved justice , and could not obtain it , the next yeare when the Faire day came again , hee having gathered a sufficient power of men , invaded the Towne , slew all the Males of any yeares , and having rifled it , and taken a great ●…poil and booty , he burnt it to the ground . We reade that a good while after this , the Earle of Northumberland and Nottingham set forward toward Scotland with an army of three thousand men at armes , and seaven thousand archers , and sent forth Sir Thomas Musgrave with three hundreth speares , and three hundreth archers to Melrosse , to trie what hee could learne of the Scots in those parts , with whom the Earle of Douglas encountring , tooke Sir Thomas himself , a hundreth and twentie prisoners , besides those that were slain . The same yeare ( 1380. ) the Earle Douglas entred England with twentie thousand men , and went to the Faire of Pennure ; and having taken all the goods that were there , he burnt the Towne . Hollinshed in his English Chronicle speaking of that journey ( in all likelihood ) saith they brought away fouretie thousand cattell , and were assaulted by the way , but came into Scotland with the prey , having lost some few of their men ; he sayes the occasion of it was , because the men of Newcastle had taken a Scottish ship well known to be a Pirate , but very rich , worth seaventy thousand pound , whereat the Scots being angry , and offended , made this incursion . About this time the Earle of Douglas intreateth for mercy to James Lindsay Earle of Crawford , who had been banished a certain time before for killing of John Lyon , sonne in law to the King , and Chancellour ( as some call him ) or Secretary as others : hee was the first of the name of Lyon , of whom the house of Glammes is descended . This Lyon was a young man endued with all the naturall gifts of body and minde that could be . Hee was comely in personage , well bred , and of a good carriage , & winning behaviour , which made him to be wel liked of of all men , and in speciall by this James Lindsay , who received him into his traine , and made him his Secretarie . By this occasion being often at Court , the King tooke notice of him , and liking his deportment , and upon Crawfords commendation , tooke him into his service , and made him his Domestick Secretary . It fell so out at last , that the Kings daughter ( by Elizabeth Moore ) fell in love with him , and was made with childe by him ; which he revealed to the Earle of Crawford . The Earle fearing that the King would take the matter heavily and hainously , and use the young man hardly , devised this way for his safetie : hee causeth another Gentleman of his acquaintance to take the blame on him , and to absent himselfe as guilty ; and then being very familiar with the King , deals with him to bestow his daughter ( seeing shee had thus falne ) on John Lyon , and to give him the lands of Glams with her ; which was done accordingly . He got also for his coat of Armes , the flowre de-luce , field argent , and a Lion azure , with a double treasure , and a womans head for his Crest . What unthankfulnesse the Earle of Crawford did finde in him afterwards , or did apprehend and conceive , it is not particularly set downe ; but finding his owne credit with the King to decrease , and John Lyons to increase , and taking Lyon to be the cause thereof , esteeming it great ingratitude after so great benefits he tooke it so highly , and with such indignation , that finding him accidentally in his way a little from Forfaire , he slew him very cruelly , and fearing the Kings wrath , fled into a voluntary exile : and so he remained certain yeares , untill ( at the Earle of Douglas intercession ) the King suffered himself to be so farre entreated , as that he was restored , obtained pardon , and received into the Kings favour . What interest the Earl of Douglas had in it , and what friendship with the Earl of Crawford , or what pitie of his afflicted estate , or commiseration of him ; or weighing the cause that drew him to so hard a fact ( as great men will regard one another , where they think they have been evill requited by them to whom they have been beneficiall ) or how necessary the presence of so worthy a man was for the King and Countries present estate , it is hard to conjecture : but this is cleare , that the Earle of Douglas hath beene not a little respected and accounted of at that time , seeing at his sute the King consented to forgive the murther of his owne sonne in Law , and to receive the Authour thereof into favour . The yeare following , ( which was 1381. ) there ensued a truce between the two Countries for three yeares . There met for concluding of this truce John of Gant Duke of Lancaster , who was Uncle to King Richard the second , with some other Lords of the English side : and for the Scots , the Earle of Douglas and March. In the very time of their meeting and treatie , both parties were informed of the insurrection made by Jack Straw in England , and both dissembled the matter untill the truce were agreed upon . Then when all was ended , the Earle of Douglas with a generous wisedome ( farre from that which is now in vogue and request ) addrest himself to the Duke of Lancaster , and told him , that from the very first beginning of their conference , hee was not ignorant in what estate the affaires in England were ; but that they were so farre from catching hold of any advantage of the time , and from making either of peace or warre accordingly , that they had the rather consented to the truce , because of the troubles in England . And for your selfe ( saith he ) if it please you , you may remain here in Scotland , untill these tumults bee setled , or if you had rather return home , you shall have 500. horse to accompany you , and to set you safe in what place in England you please . The Duke thanked them for their courtesie , but thinking that hee needed it not at that time , made no use of either of their offers . But afterwards being on his journey home , when he found that they shut the gates of Berwick against him , and would not receive him into the Towne , he came backe againe , and was conveyed to Haliroodhouse by the Earle of Douglas and his brother Archbald Lord of Galloway , and remained there till matters were composed in England . After the truce was expired , Archbald Lord of Galloway , assisted by his brother the Earle of Douglas , and by the Earle of March , wonne the Castle of Lochmabane , as we shall heare in the life of the said Archbald . Upon this the Duke of Lancaster by way of revenge made an incursion upon Scotland , in which having rifled Edinburgh , and wasted the Countrey , he returned home . And he being gone , the Earle of Douglas tooke in all the Castles and houses of strength in Tivedale , which the English had kept since the battell of Durham , Roxbrough onely excepted , and purged that Countrey of Brigands and Robbers , who had in time of the warre beene very licentious and bold . This was the last work of this Nobleman , worthy ( say our Writers ) of his house and Predecessours , for he died soone after of a Fever in the Castle of Douglas , and was buried in Melrosse in the Abbey , in the year 1384. as they reckon , and is likely : for his sonne James is stiled Earle in the yeare 1385. March 20. Of what age he was at his death it cannot be certainly collected : but from his fathers death at Halidoun hill we have 51 yeares after he began to come upon the stage , and appeare in businesse , and the affaires of his Countrey : 30. yeares at least or 40. since we account that he came home before the battell of Durham . He was a man ( without question ) of exceeding great valour , whom even the English Writers spare not to call one of the most valiant personages in his dayes , within the Realme of Scotland : And certainly his actions beare no lesse , even as they are summarily set downe . But if all had beene particularly described , with the full circumstances , it would have beene farre more cleare . And not onely his valour would have appeared , but his wisedome also , travell , and diligence , which he must needs have used in recovering of so many Countreyes and Castles , as he is recorded to have wonne , and in so many yeares , as he was employed in continuall action , ever victorious , without mention of any repulse , overthrow , or evill successe , where himselfe was Conductor , and we may say , nor elsewhere , safe at the battell of Durham . Now all is involved in generall , and rowled up in grosse , expressing little or nothing of the accidents , or particular wa●…es of his exploits , onely they tell us this road he made , and these Castles he wonne , and tell the event indeed to have beene successefull , but no more . This good fortune ( as men call it ) though it be commended , and commendable in Leaders , yet it is seldome alone , but accompanied with vertue , to which it gives the lustre , and without which he could never have atchieved such enterprises . The love he carried to his Countrey , and to the libertie thereof , needs no declaration . Those his travells declare it , which could have no other end , chiefly that act of withstanding King David in bringing in a forraine King , with such resolution , even to the discontentment of his Soveraign , to whom otherwayes he had beene ever most obedient , with the hazzarding of his person and estate . In which opposition , if we weigh it narrowly , how many vertues doe appeare ? An unspeakable love to his Countrey , with such hazzard , freedome of minde , and uprightnesse farre from flatterie , or any dissimulation ; not following his Princes humour , or soothing him in his present disposition , but regarding vvhat vvas most for his good and honour , vvhat best for his Countrey , and vvhat the King vvas like to acknovvledge best for him , vvhen he should be out of that fit . We may also see in it a strange magnanimitie and courage , in his resolving ( as he did vvithout all doubt ) to part vvith all that the vvorld could affoord , and vvhatsoever is deare to men in the vvorld , rather then not to maintaine that vvhich he accounted to be right , his life , lands , dignities , honours , and all such things , both for himselfe and his posteritie . For what was that banding for it , but a plaine opposing himselfe to the power of both the Kings ( Scottish and English ) the S●…iter , and for whom it was suited ; who questionlesse would both have concurred in that cause : and what could the consequent of opposing then be other , then the losse of his life , lands , and all ? or what other hope could he have ? and what meanes to double it out ? The more is his constancie remarkable that never yeelded up that disposition . As for his wisedome , it is included in all these things , and doth shine in all his actions , which without it could not have beene performed . Likewise in that favour which was borne unto him by men , the causes of favour are employed , and such qualities and vertues are apt to gaine and procure affection , to wit , gentlenesse , meeknesse , sobernesse , liberality , and the like ; his gen●…rosity and courteous humility in his speech , which are the true and onely meanes of acquiring the good will and hearts of men : his generous minde and courteousnesse appeared in his speech and carriage towards the Duke of Lancaster , his justice in pacifying the Countrey , and purging out the theeves : a worthy catastrophe of so well an acted life . Some may think him ambitious in standing for the Crowne , but if he thought he had right , what could he doe lesse ? it was no ambition to seek what was his due . And there was as great appearance of right on his side , as might have deceived a better Lawer than he was . Yet let it be his ambition , and that he was not so ignorant but that he knew where the title was : have not many dispenced with great duties in that case ? And is it not thought halfe dutie , not to be over precise in dutie ; and half justice , not to look too narrowly to justice ? Si violandum est jus , &c. If law or lawfulnesse should be broken , where should it rather be broken , then for a Kingdome ? which is not so much the saying of one man , as the tacite opinion of almost all men , as appeares by the approbation of themselves , and all others after they have gotten it . It were to be wished that errour were away , and men saw as well the inward thornes , as the outward pearles of the Diademe , that they might let it lye at their foot , and not take it up , though they might have it for the lifting : but that will be called a Stoicall Philosophy , and even the Stoicks are thought to have much adoe to keepe themselves in that moderation . Neither doe men beleeve them when they say they doe it in lesser matters , where they may attaine them : and what they lack is thought to be for want of power and dexteritie to compasse and obtaine , not of judgement to contemne or neglect . What could the Earle Douglas then doe , who was not so well school'd or skill'd ? who had honour and glory for the great objects of his intentions , which is the objects of these great spirits , and many think it should be so . So that in regard of this common opinion of men , and the instructions of that age , yea of all ages , even of this age almost , in such military men , or politicke wise men , who are not pedants ( as they call them ) or Theologues ( to give them the best name men terme them with ) I thinke it not so strange that he insisted , as I marvell that he desisted so soone , and easily : neither can I so much dispraise his motion , as I have reason to commend his modestie . For his motion , belike , hath not beene immodestly moved , or too vehemently pressed , that he gave it soone over ; farre from the unbridlednesse of turbulent mindes , that would rather have moved heaven and earth ( as we say ) to have come to their purpose , and have cast themselves , their Countrey , and all , into confused broillerie and into forraine hands and power : nay ( which is more and worse then meerely forraine ) into English , our enemies , which would be flat slaverie , as both the Balliols ( John and Edward ) had done before him , and the last of them on no better , nay not so good a ground . Wherefore if we will needs call it ambition , yet certainly it hath not beene of the worst sort thereof , neither unruly , nor immoderate , but by the contrary , very sober and temperate , and such as may well fall , and often doth fall into the best and greatest spirits , that are not brought up and deeply instructed in the inmost and profound points of humane and divine Philosophie Of which sort how few be there ? and how meanly are they accounted of ? Let us either think better of them , or finde the lesse fault with him . Certainly , if he cannot be fully excused , yet can he not be over hardly censured , neither condemned : yea , no more condemned for the moving , then praised for his speedy leaving off , and yeelding , truly acquiescing , and sincerely obeying in all times thereafter . Of James , the second of that name , the eleventh Lord , and second Earle of Douglas , slaine at Otterburne . UNto William the first Earle his son James did succeed , a man in all kinde of vertue worthy of so great a father , and honourable place ; who was no whit inferiour to him either in courage or fortunatenesse , unlesse we account him lesse fortunate for that he lived but few yeares : wherefore wee shall heare his owne judgement at his death . He had two wives , Euphane eldest daughter to the King ( as we have said ) by his wife the Earle of Rosses daughter : yet the genealogie of the Kings in the Acts of Parliament sayes that she was daughter to Elizabeth Moore , and not the Earle of Rosses daughter . He had a son by her , who lived not halfe a yeare : he had also two base sons , William ( of whom is descended the house of Drumlanrig , as evidents do witnes given by Jacobus Douglas Comes de Douglas silio nostro ) and Archbald of whom is come the house Cavers and Sheriffes of Tivedale , who if they had beene lawfull , had been sonnes to the Kings daughter , and had succeeded to the Earledome before his brother Archbald the Grimme , who did succeed to him . But though they did not succeed , yet have they shewed themselves very worthy , and amongst the chief great men of the land . Of this William also are descended the houses of Coshogle , Pinyerie , Daveine , and others in Niddisdale : for Archbald Douglas the first of Coshogle , was second sonne to this William of Drumlanrigge , and was married to one Pringle of the house of Galasheiles , who bore to him twelve sonnes , and after his death shee was married to one Carnel Wallace , and bore twelve more to him also . Touching Earle James his actions , which were done in his fathers daies , one thing we have spoken of them in his fathers life , as most proper : there is one thing more , besides what hath been said , recorded of him by some ; that during his fathers life he was sent into France , for renewing t●…e ancient League with that Kingdome ; in which Ambassage were joyned with him Walter Wardlaw , Cardinall and Bishop of Glasgow , and his Uncle Archbald , Lord of Galloway . This is said to have been in the yeare 1381. which is the eleventh yeare of the reigne of Robert Stuart . The occasion of it was a message that came out of France from Charles the sixth , who desired to have it so . After his returne in September , hee recovered the towne of Berwick from the English ; and entring England with a competent power , burnt and spoyled all the Countrey about as farre as Newcastle . About the time of his fathers decease ( in the yeare 1384. ) there was a Truce concluded between France and England , to last a yeare , in which Scotland was also comprehended . This treatie was at Boloigne , or at Lillegham ( as others write ) and for intimation hereof , some French men were directed to come into Scotland : but while they prepare themselves too negligently , the Earles of Northumberland and Nottingham , with such as lay nearest to the Scottish Marches , laying hold of this opportunitie to annoy Scotland , so that the Scots should have no time to revenge it before the truce were proclaimed , entered Scotland with an Army of 20000. or ( as others say ) 10000. horse , and 6000. Archers and Bowmen , and spoyled the Countrey farre and wide ; especially the lands pertaining to the Douglasses , and Lindsayes . The Scots who trusting to the brute of the truce dreamed of no such thing , finding themselves thus used , were greatly grieved with their owne sloth , and no lesse incensed at the fra●…d and falsehood of England , and resolved to avenge the same . In the mean time the report of the English incursion coming to the eares of the French , who had the charge to intimate the assurance , admonished them of their slownesse : wherefore to make amends ( though somewhat too late ) they hasten over to London in the very time that the English Army was in Scotland . There they were very chearefully received , and magnificently entertained with feasting and banquetting , and under this colour cunningly detained , untill it was knowne that the English Army was come home and dismissed : then being suffered to depart , they came into Scotland , and shew their Commission . The greatest part of the Nobility , but chiefly the Earle of Douglas and such as with him had received great losse by that expedition , cried out against the craft of the English , that this their fraud and manifest ludification was no way to be suffered . The King went about to pacifie them , and shewed plainly that hee meant to receive and keep the truce , which they perceiving , drew out the matter at length by reasoning and arguing to and fro , untill such time as they had gathered together quietly 15000. horsemen ; then Douglas , Dumbarre and Lindsay , withdrew themselves from Court without noise , at a day appointed ; and joyning their companies at the place of rendevous , enter England with displayed banners , waste and spoile Northumberland to Newcastle . Then they doe the like to the Earle of Nottinghams lands , and the Mowbrayes , and so returne home with a huge prey of men and cattell . Straight after their returne the truce was proclaimed meeting fraud , not with fraud , but with open force , by a just and honest recompence and retalliation . Neither were the English discontented for all this to accept the truce , acknowledging that the Scots had reason to doe what they did , or confessing their owne weaknesse and want of ability to avenge it at this time , or both , by their sitting still and acceptation : for neither could right ( though weake ) have had patience in so great an injury , neither would force ( if it had thought it selfe sufficient ) have been bridled with reason onely in so manifest an affront , and so great dammage . How ever it be , they stirred not , and so the truce was kept till it expired of it selfe . When it was runne out , John de vienne a Burgundian , a very valiant man , Admirall of France , and Earle of Valentinois , arrived in Scotland , and brought with him 2000. men , amongst whom were 100. men at Armes . He brought also 400. Curiasses , and 400. halfe long swords to be distributed amongst the Scots , and ( as some write ) 50000. Crownes . Before their coming James Earle of Douglas entred into England with a new Armie ; and upon their arrival was called back to Court , where they attended his coming . Then having consulted of their businesse , and the Army being ready , they accompanied him into England , where they tooke in the Castles of Wark , Foord and Cornewall , and spoyled and burnt the Country between Berwick and Newcastle . But when they intended to goe on further , the continuall rain that fell in great abundance ( being in Autumne ) did so spoile the wayes , and raise the waters , and wet the Souldiers with their armour , that they were forced to retire home again into Scotland . In the mean time King Richard greatly moved that the Scots must bring in strangers to waste his Countrey , entereth Scotland with an Army of 60000. foot , and 8000. horse , and used all sort of Hostilitie in the Merse and Lowthian , not sparing the religious houses and persons , such as Newbotle , Melrosse and Dribrough , with the Monkes thereof . The French Admirall better remembring , and more carefull of his Masters directions , then considering what was fit to bee done , dealt earnestly with the Earle of Douglas to give him battell . But the Earle knowing better , and regarding more the good of his Countrey , and weighing with judgement the English power and forces , would no wayes listen to him : he told him it was not for want of affection to doe the King of France service that he refused to fight , but in respect of the unequall number and appointment of the Armies at that time . And that he might the better see the English forces , he tooke him up to a hill , from whence they might have a reasonable view of them as they passed by in order ; which when the Admirall had seen , and considered thereof , hee easily yeelded to the Earles opinion . Hollinshed setteth downe the oddes , saying , that the Scots and French were not above 8000. speares , and 30000. of all other sorts , and the most part of those not well armed : where he reckoneth of English 6000. horse , and 60000. Archers , which are 2000. horses fewer then our Histories do reckon . In this inequalitie therefore being no lesse a wise Conductour , then a valiant Warriour , he resolved not to hazard a battell , but determined to take another course , which he did , for he entered England on that quarter , which was furthest distant from the English Army , and wasted Cumberland and the adjacent Countrey neare to it . The King of England being advertised hereof , purposed to have followed him , and forced him to fight , but being better advised , and put in mind ( no question ) of what had be●…allen his Grandfather ( Edward the third ) at Stanhope Parke against good Sir James , he altered his purpose , and marched the readiest way home . And so both Armies having spoiled and wasted each others Countreyes , they returned without encountring or fight of other . In the return the Earle Douglas perswaded them to besiege Roxbrough Castle , making full account that the King of England would not raise a new Army before the next Spring , and so they sat downe before it ; but it did not continue eight dayes ere they raised the siege . The cause was a reasonlesse demand of the Frenchmen , who would needs have the Castle to bee given to them , and to belong to the King of France , when it were wonne from the enemy . This demand did so offend the Scots , that they could by no means heare of it , and so the enterprise was deserted upon this occasion , but chiefly by the Frenchmens insolent and licentious behaviour and carriage in the warres ; who rob and steal , and use all manner of force and violence : there arose many times great strife , and many quarrells between the Country people , and them : for the Country people watched them when they were alone , or but few together , and sometimes robbed them of their horses , sometimes of their valises and luggage : sometimes they hurt , and at other times slew of them . The French Commanders complained to the Kings Councell , and the common people answered , that they had received more losse and hurt by the French , who professed themselves to be friends , then they had done by the English , who were sworne enemies . And therefore they said it were reason that the French should no wayes be suffered to goe home , untill they had satisfied for the wrongs they had done . The Earle Douglas in this hard case seeing they were strangers that came to aide Scotland , was willing partly to bear with their faults , as proceeding from an evill custome and form used at home in France , and therefore interposed himself to have mitigated the people , but could hardly pacifie them , yet at last with great instancy and entreatie , being greatly favoured , and generally well beloved and popular , hee obtained that the common Souldiers , and the Army should be suffered to returne into France , and that their Captains and Commanders should be retained still untill satisfaction were made for the losse they had sustained . And so the King of Frances desire was satisfied , who had then sent for them , and withall order taken with the dammage done by them . This was the aide , and this was the successe of the help received from France now the second time . It was very small before , and it is now to very little purpose : more hurtfull and troublesome to the Countrey , then of importance against the enemy . A●…ter their embarking the Scots remained still in England the space of two moneths , and then the English having withdrawne and conveighed all the victuall out of the way , they returned into Scotland . And hereby they did show clearly how little they leaned to forrain aid , without which there greater enterprises were ever performed : neither was there ever either by these , or by others before or since ( though we looke over all Histories ) any great exploit atchieved . All the help they ever got was onely in the besieging of some Townes at some happening times , and some such trifles scarce worth the naming , in respect of the whole power of the body and state of the Countrey which I remark again , and commend to the Reader to be truely considered for vindicating the valour and worth of the inhabitants , from that obloquie and unequall judgement of such as diminish and impair it : who cannot but know that it was never forraine forces ( as is wrongfully surmised ) but the vertue and valour of their Predecessours that hath preserved the honour and liberty of their Countrey , all manner of wayes : and that any one man amongst diverse of the name of Douglas hath done more in that cause , then the force of France ( if it were put all together ) did ever to this houre . The yeare following , the Earle of Douglas with Robert Stuart Earle of Fife , and Archbald Douglas Lord of Galloway his Uncle , entered into England with an Army of three thousand men , passing the water of Solway so secretly , that they were at Cocket-mouth on such a sudden , that the people had no leasure to convey their goods out of the way . Wherefore having for the space of three dayes gathered together a rich bootie , they returned home through Cumberland , Westmerland , and Northumberland , into Scotland again without any encounter . Not long after Archbald Lord of Galloway in company of the same Earle of Fife , made a road into England , in revenge whereof the King of England sent an Army into Scotland , which did great harm in the Merse , and occasioned that notable battell of Otterburn . For the Scots irritated herewith boyled with de●…ire of revenge , being at that time very flourishing with strong youth , and never better furnished with Commanders . But King Robert a man by nature given to quietnesse , farre stricken in yeares ( seaventy three yeares old ) was become slacker , and seemed not to make so great account of the publique injuries . His eldest sonne John was dull of nature , and having received a hurt by a stroake of a horse , which pertained to James Douglas Lord of Dalkeith , was thereby lame of a legge , and halted , and so unfit for the travell of warre . Therefore they have their recourse to the Kings next sonne the Earle of Fife , and do easily agr●…e with him , resolving to avenge the hurt and dammage they had lately received . So every man promising his best endeavour , appointment is made to conveen in August , or ( as some say ) in July , but so covertly , as it should not come to the knowledge of either of the two Kings , lest the King of Scotland should hinder them , or the King of England prevent them ▪ yet when they had used all the expedition and secresie they could ▪ The English had notice of it , and were informed of both the day and place of their meeting . Wherefore that they might entrap them and take them at unawares , they advertised one another , and the Noblemen commanded the Commons to be in a readinesse against the next advertisement , without appointing any certain day , for feare that the Scots should heare of it . These things thus ordered when they heard that the Scots were conveened in Tivedale not farre from the March to the number of 30000. or ( as Froysard saith ) 40000. men , not daring to joyne battell with such a multitude , they concluded not to stir or appeare before the coming of the enemy , but that every man should ramain in his owne bounds , till they saw on what coast and quarter the tempest would light , and then to take the best course they could according as occasion should offer , and if they could doe no more , to invade Scotland on another hand farre from the enemy , as the Scots had done to them the yeare before , and so to recompense losse with losse : In the mean time they sent a spie to the Scots camp , who might bring them more certain report of all things ; desirous to know not onely their intention , but even their particular speeches and actions . Hee who was sent ( being nothing different from the rest in language , apparell , or armour , did easily passe for a Scot , and by that mean having been in the company undiscovered , and having observed sufficiently all that was needfull to be knowne ) as he returned to his horse to be gone , which he had bound to a tree , he found that he was taken away , whereupon taking him to his feet with his cloake , boots and spurres , and his other riding equipage ; he was perceived , suspected , taken and examined what he was , whence he came , and whither hee went : and being found to vary in his answers , hee was brought before the Generall of the Army , where being threatned with the rack , he confessed all , and revealed the English mens intentions , and purposes . Upon this the Scots altered their purpose , and whereas they were before minded to have gone all together in one Hoast , they now divided themselves in two ; so that the greatest part of the Army should passe in at Carlile , led by the Kings two sonnes , the Earles of Fi●…e and Stratherne , together with Archbald Douglas Lord of Galloway , Uncle to the Earle . The other part of the Army was committed to the Earle of Douglas , and with him George and John Dumbars Earles of March and Murray ( his Uncles ) William or James Lindsay Earle of Crawford , the Earle of Arolle Constable , the Lord Montgomry , and Patrick Hepburn of Hales with his sonne : the number of his company is not agreed upon . Some say that he had the halfe of the Army , 15000. others but 2000. foote , and 300. horse , with as many foote men waiting on the horse men , who were lightly armed and able to fight , and almost equalling the horse men in speedy expedition . Some say they were foure thousand chosen horsemen in all , which is most apparent by the great diligence and haste he made : with his company he entred England on the East hand , and crossing the river of Tine with great celerity , hee was past Durham , before ever the enemy was advertised or knew of his coming , till he himselfe made it knowne by fire and smoake , in burning the Countrey . The Earle of Northumberland hearing of him , himselfe being a man of great yeares , sent his two sonnes Henrie and Ralph ( hardy and valiant young men ) to Newcastle , commanding the rest of the Countrey also to resort thither , that they might intercept the Earle of Douglas in his returne : but hee having spoyled the Countrey about Durham , and gotten a great bootie , passeth Tine again , about three miles above Newcastle ; and being desirous of glory , and encouraged by this successe , esteeming it but small honour for him to spoil the villages , and not to dare to looke upon the townes , marched towards Newcastle , and did make offer to have assaulted it , and ( as some write ) did assault it , having first filled the ditches with hay and faggots , hoping thereby to have drawne out the enemy to the open fields , having stayed there two dayes ; there passed some light skirmishes amongst them every day : And at last , Henrie Percie eldest sonne to the Earle of Northumberland ( called Hotspurre ) being desirous to trie his valour , either provoking the Earle Douglas , or provoked by him ; the combate was offered , and accepted betwixt them . They mounted on two faire steeds , and ran together with sharp ground spears at outrance ; in which encounter the Earle Douglas bore Percie out of his saddle . But the English that were by did rescue him so that hee could not come at himself , but he snatched away his spear with his guiddon or witter ; and holding it aloft , and shaking it , he cried out aloud , that hee would carry that into Scotland as his spoil . Hollinshed saith ( out of F●…oysard ) that they did not runne on horseback , but that in an assault at the Barriers without the gate , Douglas by chance being matched hand to hand with Percie , by force pluckt his Pennon from him , and holding it up on high , said , he would carry it for his sake into Scotland . There was then at Newcastle a great number of people , for besides the indwellers , there were all the choice men from York to the borders , as the Writers relate . Wherefore Earle Douglas ( in respect of his small number ) caused keep strait watch ; and on the morrow removing his Camp , he marched toward Scotland a slow pace , being loden with bootie . Then sending it away before , hee assaulted , tooke , and demolished a certain Castle and Towne , that was in their way , called Pouclane , whereof Sir Aymer of Alpholl was Lord , whom he tooke within the Castle and made him a prisoner . Then marching forward , they came to a place called Otterburn , about twelve miles from Newcastle , where they pitched downe their tents , that the Souldiers might take some rest , and refresh themselves after their great travell , as not having rested that day , nor the night before , nor much any where since their entrie into England . There they consulted about the rest of their journey , and the most part advised to march toward Carlile , that they might joyne with the other Army , that so they might observe the order given them , which was not to fight at all , till both Hoasts were joyned t●…gether . But the Earle Douglas thought best to stay there some three or four daies that they might refell the Percies bragging , who had affirmed that they should not carry his speare into Scotland , and that the Souldiers might not be idle the while , they might be taking in the Castles , and Gentlemens houses about , that lay neare . To this opinion the others did yeeld for his sake , howsoever it seemed not to be the most expedient : so they fortified and strengthned their Camp as well as they could on that side where it was weake , being fensed with Marishes on the other sid●… : they went and besieged a certain Castle , called Combure . Percie would fain have followed them presently upon their retreat , but he was hindered by the better advised , for fear of an ambush : for they thought it was not likely , that the Scots being so fevv in number vvould have assaulted 〈◊〉 strong a Towne , unlesse they had knovvne of some greater povver to succour and aid them . Having therefore searched diligently that day , and the next , and understanding that the other great Army wat not to bee feared , as being far from the Earle Douglas ; Percie marched towards him with 10000. strong , not staying for the Bishop of Durham , who was said to be at Newcastle that same night , esteeming his present forces sufficient to overthrow his enemies , who were fewer in number by the one halfe at least . The avantcurriers of the English Hoast were come in sight , whilest the Scots were some at supper , and others gone to rest ▪ being wearied with assaulting the Castle . Hereupon the alarum was given , and the English approaching , assail them fiercely , and were received valiantly by a part of the footemen , and the lackies , and the groomes ; who having the advantage of the Fortification which had been made , sustained the charge till the rest were armed and ready . At their first encamping when they viewed the fields , they had espied a little hill which they meant to make use of if the enemy should follow and assaile them , ( as they did certainly expect ) and now it stood the horsemen in very good stead : for whiles the English assaulted the entrie of the Camp , the horse men fetching a compasse about this hill , charged them in flank at the farre side , in which charge many were slain , and the whole Army was filled with tumult and fears . But by the coming of fresh supplies , the English abounding in number , the battell was restored , and their ranks ordered as before : yet this profit it brought to the Scots , that the fight being slaked at the entrie of the Camp , they had space to go forth , and to put their men in array . In the mean time night drew on , which was troublesome , and unwelcome to both ; but being short ( as in the Northern parts it useth to be in July ) and the season faire , the Moon light did serve them in stead of Day light , and the fight was continued very hard as amongst noble men on both sides , who did esteem more of glory , then life , Percie strove to repair the foil he had gotten at Newcastle , and the Earle Douglas did as much labour to keep the honour he had wonne : So in unequall number , but both equally eager in mind , they continued fighting a great part of the night . At last a Cloud covering the face of the Moone , not being able to discerne friend from foe , they tooke some respite for a while ; but so soone as the Cloud was gone , the English gave so hard a charge , that the Scots were put back in such sort , that the Douglas Standard was in great perill to have been lost . This did so irritate him , that hee himselfe in the one wing , and the two Hepburnes ( father and sonne ) in the other , pressing through the rankes of their owne men , and advancing to the place where the greatest perill appeared , renewed a hard conflict , and by giving and receiving many wounds , they restored their men into the place from whence they had been beaten , and continued the fight untill the next day at noone . The Earle Douglas not being satisfied , nor contenting himselfe with that , that he had renewed the battell , but himselfe with two companions , Robert Hart , and Simon Glendining , rushed into ▪ the midst of the enemies , and equalling the courage of his minde with the strength of his body , whatsoever way he set himself he made great havock of the enemies . It was a wonder to see the great vassallage that he wrought : Major in describing them can make no end , nor satisfie himselfe : his comparisons are high , like a Lion of Lybia : his description of his body is , that it was faire and well compacted , his strength huge , which hee yet amplifieth with greater hugenesse , saying that he fought with a Mace of iron , which two ordinary men were not able to lift , which notwithstanding hee did weild easily , making a great lane round about him wheresoever hee went : his courage and confidence appeareth in his so valiant insisting , as though he would have slaine the whole English Army himselfe alone : and seeking to finde Henry Percie amongst the midst of them , hee was entered farre within the rankes of the enemies . Hollinshed confesseth , that with a great Mace in his hand he laid such sad strokes about him , that none came within his reach but he went downe to the ground . And Boetius saith plainly hee fought with a mase heavier then any man is able to beare in those dayes , and that rushing into the midst of his enemies , hee made such a slaughter , that it was chiefly attributed to his vertue , that the Scots wan the field . But whiles he is thus fighting in the midst of them , before his friends could come at him , though they pressed forward to have seconded and assisted him with all the force and speed that might be , they found him lying on the ground with three deadly wounds . There was lying dead by him Robert Hart ; and the Priest called Richard Lundie ( who was after made Arch Dean of Aberdene ) that had ever stood fast by his side , defended his fainting body with a halbert from injury : he being in this estate , his kinsmen James Lindsay , and John and Walter Sinclairs came to him , and asked him how he did : I do well ( saith he ) dying as my Predecessours have done before ; not in a bed of languishing sicknesse , but in the field . These things I require of you as my last Petitions , First , that yee keep my death close both from our owne folke , and from the enemy ; then that ye suffer not my Standard to be lost , or cast downe ; and last , that ye avenge my death , and bury me at Melrosse with my Father . If I could hope for these things , I should die with the greater contentment , for long since I heard a Prophesie that a dead man should winne a field , and I hope in God it shall be I. Hereupon they covered his body with a cloake that it might not bee knowne , and then hoiseing aloft his Standard , and crying ( as the manner is ) a Douglas , a Douglas , most part repairing thither from all quarters they began the fight afresh ; for not onely the common sort of Souldiers came thither , but the Earle of Murray also came with great speed , thinking that the battell went hard on that hand , for he had beaten those that he had to deal with , and Sir John Mackyrell had taken the young Percie named Ralph , and delivered him to his Master the Earle of Murray , who had sent him ( being hurt ) to the Camp to bee cured , as Froysard saith . Hollinshed and Boetius agree that it was Keith Marshall that tooke him . By this means the ardour of the battell being relented on that hand , the fight was renewed , and the strife redoubled on this side , and the Earle Douglas followers ( who were gathered about his Ensigne ) did at last scatter and defeat the English , weary with the former fight which had continued both day and night : And in this assault the Earle of Montgomery tooke Henrie Percie their Captain prisoner , whereupon the Army fled and turned their backs . There were slain in this batteil 1840. of the English , and 1040. taken prisoners , 1000. also were hurt . Of the Scots there were 100. slain , and 200. taken prisoners , whilest they followed over rashly ( fewer following more ) they turned and tooke those that would have taken them . This is the battell at Otterburn , memorable not onely for the magnanimity , courage , perseverance , tolerance of travell , and ( in victory ) modestie of Souldiers and Captains , but also for the variable event , where the victor in high expectation of glory preven●…ed by death , could not enjoy the fruit of his travels : the vanquished , albeit his Army was defeated , and himselfe made a prisoner , yet lived long after this battell with praise ; for it was no reproach to him to be overcome , nor so great a blot to have been put to the worse , as it was honourable to have so contended . The event of battells is uncertain , and onely in the hands of the highest : if men do there endeavour , what more can be required ? It is not the least part of the Percies honour that they did contest with the Douglasses , and did sometimes overcome , and sometimes were thus vanquished : thought it were but seldome that the Douglasses got the worse , when their forces were equall Here there was great inequalitie , where notwithstanding he wonne the honour through the losse of himselfe : neither was it accounted dishonour to his Army , though more in number , or to himselfe to have been thus overcome : for they are recorded to have done their endeavours , and discharged the parts of valiant men , and were onely overmatched by excellency of valour as we have showne , and as it may be seen by all Writers ; not by hunger , or cold , steepnesse of hills and mountains ; which I speake not to reproach any , but to make known the truth , and withall , not to cover vertue on either side , which was confessed of all in that age , neither was any man found of another minde : onely the Earle Marshall of England being a little after sent downe with a company to be Warden of the Borders during Percies captivitie ( who did build for his ransome the Castle of Penoun neare to Glasgow ) durst extenuate the vertue of the Scots with the reproach of his owne Countrey-men , attributing the cause of this victory , not to the valour of the Scots , but to the cowardise of the English that fought against them , boasting much of himselfe , that if hee had beene present , or if he should happen to have occasion to sight with the Scots , he should doe great matters ; but his brags were soone made to appeare but idle words : for moved by these his speeches , the Governour of Scotland ( viz. Robert Earle of Fife ) having raised an Army , went into England with Archbald Earle of Douglas ( called the Grimme ) brother to this deceased Earle ( and who did succeed him in the Earledome ) and made directly toward the Earle Marshall , and as soone as they came in sight , offered him battell : and when they could not draw him out to fight , they sent an Herauld to him to challenge him , and provoke him to fight , but all in vain , for neither did hee send back any answer , neither would hee come to an equall and even ground . Therefore they having spoyled and wasted the Countrey with fire and sword in his sight , and as it were under his nose , returned home into Scotland , to the great contentment of the Scots , and no great discontentment of the English prisoners , who were not sorry that his vanity was thus discovered . Certainly , the truth can hardly be belied , and if partiality will not , yet indifferency will beare witnesse to it . Froysard ( a stranger , and favouring more the English ) concludeth touching this battell , that in all History , there is none so notable by the vertue of the Captains , and valour of the Souldiers , fought so long , so hardely , so variable , the victory enclining dive●…sly divers times , and at last obtained , not by the cowardise of the overcome , but by the valour of the overcomers : neither is that vertue of valour onely remarkable in this place , and marked by him , but their modestie when they had overcome , rare and wonderfull to him ( as it is indeed to others ) but common enough to the Scottish Nation , practised by them often in their victories , and almost ever where some great enormitie hath not irritated them , contrary to their nature and custome ; yet here very singularly ▪ for in the heat of the conflict no men ever fought more fiercely , in the victory obtained none ever behaved themselves more mercifully ; taking prisoners , and having taken them , using them as their dearest friends , with all humanitie , courtesie , gentlenesse , tendernesse , curing their wounds , sending them home , some free without ransome , some on small ransome , almost all on their simple word and promise to return at certaine times appointed , or when they should be called upon . So that of 1000. prisoners scarce 400. were brought into Scotland , the rest all remitted in that same manner , with Ralph Percie ; and by his example , who because of his words desired this courtesie of the Earle of Murray , and obtained it , and was sent to Newcaste on his naked word to returne when hee should be called for . But what courage and confidence was it , that they durst adventure with so great perill to bee so courteous as they were ? when the Bishop of Durham approaching to invade them the next day , 10000. ( as some say ) with 7000. ( as others ) of fresh men , yet they would not kill their prisoners that were within their Campe , equall ( almost ) to the halfe of their owne number , but on their owne promises to remaine true prisoners ( how ever the field went ) and with a small guard , having onely pinioned them together with small cords , suffered them to live in the Campe , and went themselves to encounter the Bishop , full of confidence and scorn , that after the defeat of the flowre of Northumberland , with there so worthy Leaders as the Percies , that a Priest ( so they called the Bishop , should dare to set upon them , or but to abide them three marked strokes , as their Leaders said to them in his exhortation , as it came indeed to passe without any strokes : for they affrighted him with the onely sound of their hornes ( as it seems Major would say ) which they winding against him , and the hills redoubling the sound thereof , hee was affraid and durst not invade them , finding them ready and resolved to fight , whom hee thought to have found weary , because of their former travell , or negligent because of their victory . And considering ( saith Froysard ) there was more to be lost , then to be wonne at their hands , the Captain distrusting his Hoast , and the Hoast their Captain , it was thought best not to give battell , and so he retired without assaulting them . Their Leader after the Earle Douglas death , was the Earle of Murray ( saith Buchanan ) but I should rather take it to be the Earle of March , for hee was the elder brother ; and Major saith it was March. However our Scottish mens courtesie and courage is exceeedingly to be commended , who notwithstanding that they looked for nothing but to have fought with the Bishop of Durham , yet did they spare their prisoners , which ( and the like actions ) when I consider , I would gladly understand of such as delight to reproach our Nation with all the calumnies they can invent , and amongst the rest , stile them barbarous , what it is they call barbarity ? and if crueltie , and inhumanity bee not the speciall points of it ? whereof they shall never reade that any Nation were more free , or that ever hath been more courteous , humane , gentle , in peace and in warre , even at all times , and in all places . I wish all men would acknowledge the truth as it is : if they will not , yet shall it be truth , and truth shall never want a witnesse . It will be acknowledged , and must prevail to their great reproach that seek to hide or to impaire it . To return to our History : when the newes of these things were brought to the other Campe , which was in Cumberland , they were stricken with extreme griefe , and were more sorry for the death of the Earle of Douglas , then they were glad for the victory obtained ; all their joy for that successe being turned into grievous lamentation . So great was the affection of all the Army towards him , that not onely those who followed him , but those of the other Army also , retired home silent and sad , as if they had been discomfited , and overcome . It increased the commiseration of men , that he died in the flowre of his age , and that he alone should be deprived of that victory which was obtained by his vertue and valour . And I think that the same affection doth continue in the hearts of the Readers of the History , which is never mentioned without a tender compassion . And for my selfe so often I call to mind his great worth , and short life , I remember withall that of the Poet , Ostendent terris hunc tantum fata , nec ultra Esse sinent , &c. The fates shall make but of this youth a show , Such vertue must not tarry long below . And with a great hyperbole , greater then Piety can well admit , if any such speeches can be over great , which doe not import what they speak , but are onely brought to expresse the highest excellency that can be . Nimium vobis Romana propago Visa potens , superi , propria haec si dona fuissent . The Heavens had made the Roman race to be Too blest , if this gift had held on with thee . Change but the Countrey name , call it ( Scotana propago ) and you shall accommodate these verses more fitly here to this man : but most of all in the simple sense , that which followes , — Non illi quisquam se impune tulisset Obvius armato , seu cum pedes iret in hostem , Seu spumantis equi foderet calcaribus armos . No man in Armes that durst to him make head , Did scape unfoild , on foot , or foaming steed . Which he speaking of Marcellus , if he had lived , is witnessed of this Earle Douglas , even by the adversary , whiles he yet lived . To which purpose I remember that worthy Sir Philip Sidney in his defence of Poesie writeth of himself , that hee never heard the song of Douglas and Percie , but hee found his heart more moved therewith then with a Trumpet ; whereof hee alledgeth the cause to bee the force and power of Poetrie : though it bee sung ( saith hee ) by some rude crowder , and with no rougher voyce then a grosse stile . What he saith of himselfe I doubt not but others have found in themselves : neither is it the m●…sick of that rough singer , that giveth it this force , farre lesse the vertue of the grosse rime : it is the matter that gives the efficacie , and the vertue of the man that begetteth a resembling vertue in the heart ; not by Poesie , but by the rightly described History . Indeed this is the man apparantly , who hath given subject to those songs , being the first that encountred with Percie in such a particular conflict : but that which is commonly sung of the hunting of Chiviot seemeth indeed Poeticall , and a meer fiction ( perhaps to stirre up vertue ) yet a fiction , whereof there is no mention neither in the Scottish , nor English Chronicle : neither are the songs that are made of them both one , for the Scots song made of Otterburn telleth the time about Lammasse , and the occasion to take preyes out of England ; also the dividing of the Armies betwixt the Earles of Fife and Douglas , and their severall journeys , almost as in the authentick History : It beginneth thus : It fell about the Lammas tide When yeomen wonne their hay , The doughtie Douglas gan to ride , In England to take a prey . Whereas the other m●…keth another occasion , and altogether different , yet it is not more effectuall to move vertue , then the true History here set downe : nor indeed so effectuall as it . And therefore let it bee read , and read over again , by such as delight in Military vertues ; chiefly by those to whom these examples are as hereditary , and domestick , which they must needs affect , as also all the other actions of the life , but none testifying a better mind , a better resolution of the mind ; more courage , more valour , with gifts of the body , strength and activity , all ruled by reason , and guided by wisedome , as is seen in his dealing with the French men , when they would have had him to ●…ight with the King of England : which vertues of valour and wisedome so joyned , are able to make a due harmony , acceptable to a right judgement , commendable to after ages , and profitable for the present . Boetius writeth that hee died not in the field , but after the field in his owne Tent , and that the Earles of Crawford , Murray , and March , went into his Tent , and found him lying hurt with three great wounds , almost dead : at which sight , each looked upon other with a silent ast●…nishment , and then burst forth into teares and weeping : which he beholding , said unto them ( with a weake and faint voyce which could scarcely be heard ) I beseech you good friends leave your lamenting , and be glad of the present victorie which God of his goodnesse hath granted to us : We exposed our bodies to the enemies sword , to obtain that which wee have obtained : Turne therefore your teares un●…o thanks , mindefull rather of the benefit , then sorrowfull for that which is happened otherwayes then ye wished . If yee regard my paines and my life , which for you I lose , pray for my soul , and follow Vertue , and Armes , as ye doe , which you may imploy for the liberty of your Countrey , keeping concord amongst your selves , with a kinde remembrance of me . Soone after these words were utte●…ed , hee died in the armes of his friends . There are that say , that he was not slain by the enemy , but by one of his owne men , a Groome of his Chamber , whom he had struck the day before with a truncheon in the ordering of the battell , because hee saw him make somewhat slowly to : and they name this man John Bickerton of Luffenesse , who left a part of his armour behinde unfastned , and when hee was in the greatest conflict , this servant of his came behinde his back , and slew him thereat : but this narration is not so probable . He was buried at Melrosse besides his father , with a Military pompe of the whole Army , and all the honour that could bee devised for him besides by the Abbot , and Monks of that Convent , after the most solemne manner of those times : Jacobus Duglassius qui obiit ad Otterburnum Julii 21. 1388. Moriens . Quaeritis ô quid agam ? an animam jam ago , fata meorum Hac sequor . Innumero huc vulnere facta via est . Nesciat hoc hostis , sequitor quam quisque secat spem : Atque aliquis nostri funeris ultor ades . Finiit : Et subito redivivo funere surgens Mars novus intonuit , victor & ultor obit . Johnst . Herees . In English thus : My friends you aske me how I do . My soul is now prepar'd to go , Where many wounds have made her way . Conceal it , till you winne the day : Pursue your hopes : this said , he dy'd ; Then the whole rank's a Douglas cry'd , And charg'd a fresh , that thou might'st have Revenge and honour in the grave . Before we proceed to speake of the next Earle of Douglas , the order of the History requireth that first wee speake of Archbald Douglas Lord of Galloway , brother to William the first Earle of Douglas , and of the said Archbalds naturall sonne VVilliam Lord of Nithisdale . Of this Archbald we have mentioned what was remarkable in his brother Earle VVilliams life , for that was the time of his action . The first was after the battell of Penure , to bee revenged of the losse , whereof the English invaded Scotland with 50000. men ( as they say that make them the fewest ) or 40000. ( as others ) conducted by the Lord Talbot a very valiant man : with this huge number when they had spoyled the Countrey farre and wide , as they retired towards England , they were assailed at a strait passage by the Lord of Galloway , who had not above 5000. in his company : with these he discomfited his hoast , and recovered the whole bootie . There were slain of the enemies in the conflict . 400. and 200. taken prisoners , and many were drowned in the river Solway , as they fled unadvisedly . Some write that he set upon them in the night being incamped in a strait valley , not farre from England , where the first that they met withall being slain , the rest were affrighted and disordered , and so overthrowne . The next thing that we heare of him , is that he was with his brother the Earle at the conference with John of Gaunt , Duke of Lancaster , concerning a truce , and that hee accompanied the said Duke to Holyrood-house . The truce was made for three yeares . And after these were expired , the Lord of Galloway being very much grieved that there should be a Garrison of English in the Castle of Lochmabane , which did daily spoil and rob the villages and townes of Galloway , and Annandale , raised a great power by the help of his brother the Earle Douglas , and the Earle of March , and besieged the Castle for the space of eleven dayes . There came some English companies to have raised the siege , and relieved the Castle , but he repulsed them . Thereafter having assaulted it very fiercely , the Captain thereof , Sir William Ediston , yeelded it up unto him , lives and goods safe , and he having gotten it into his hands , razed it to the ground . It is written also of him that hee went into France with his Nephew James Earle of Douglas , when he was sent to renew the ancient league with that Kingdome . The last of his actions that we can finde is that hee was with his Nephew James Earle of Douglas , and the Earle of March , at the taking of Wark , Foord , and Cornhill , where he wasted and spoyled the Countrey betwixt Berwick and Newcastle with the Frenchmen . These Frenchmen not contented herewith , but desirous to doe some other exploit , joyning with Archbald Lord of Galloway , passed Solway sands , and did wonderfull great hurt in Cumberland . He is accounted by Writers , to have been a very sufficient and valorous Gentleman , and that he died before the battell of Otterburn , in the yeare 1387. He founded the Hospitall of Holiwood , and to him succeded his Nephew Archbald ( called the Grimme ) in the Lordship of Galloway , who afterwards was both Earle of Douglas , and Lord of Galloway . And here it is to be observed , that there were three Archbald Douglasses almost contemporary , which are to be distinguished , that we mistake not one for another . The first is this Archbald , brother to William the first Earle , who was Lord of Galloway , then when his brother lived , and who was father to the Lord Niddisdale . The second Archbald was son naturall to good Sir James , slain in Spain , who was made Captain of the Castle of Edinburgh , when it was taken by his brother the Lord of Liddesdale , who is wrongfully named VVilliam in our Chronicles , in stead of Archbald . He was at the battell of Poytiers , and is reported to have married in France , and remained there till his death . The third is Archbald the Grimme , of whom we shall speake hereafter . Our Writers through inadvertance doe divers times confound these three ; taking one of them for another . As when they say Archbald Lord of Galloway , sonne to sir James slain in Spain , was taken at Poytiers , it is a manifest errour : for if he was Lord of Galloway , hee was not sonne to Sir James ; if he were sonne to Sir James , then was hee not Lord of Galloway ; for Galloway did never belong to Sir James , but to his brother Archbald slain at Halydoun hill , who 〈◊〉 it by m●…rrying the heire of Galloway ( as hath been said ) and gave it to his second sonne this Archbald . Thus much I thought good to advertise the Reader in this place , for the better distinguishing of them . Of William Lord of Niddisdale ( sonne naturall to this foresaid Archbald Lord of Galloway ) commonly called The black DOUGLAS . THis William Lord of Niddisdale ( sonne naturall to Archbald Lord of Galloway ) is ( if any else ) worthy , who should be 〈◊〉 of by himselfe being highly commended by Writers , who say that he was the prime and principall of the youth of Scotland , that he was a man accomplished with all abilities of body and minde , straight and tall of stature , not overcharged with flesh , but big of bone , a mighty personage , valiant , courteous , amiable , merrie , faithfull and pleasant in company and converse , of such extraordinary strength , that whomsoever he strooke with Sword or Mace , he fell to the ground , were he never so well armed : he was also wise and sober . At one time having but 800. in his company , he fought against 3000. English , of which he slew 200. and tooke 500. prisoners . This is he that is commonly called The blacke Douglas , because he was of a blacke and swart complexion . His first vassallage of note was at the inroad made by Robert Earle of Fise , and James Earl Douglas , when they burnt Cumberland , Westmoreland , and Northumberland . In this expedition he is said to have gained great reputation , for ( beside many other exploits not expressed ) he with other two only made great havocke of the enemies at the burning of the Suburbs of Carlile ( who offered to hinder him from passing t●…e bridge ) by slaying some , and turning over others into the river . Some say that he slew with his owne hands three of the most valiant of the English , of which one was a chiefe Commander : afterwards , when the same Towne was besieged , the enemies having made a sally , whilest he repulsed them , and followed too eagerly , he was engaged too farre in the midst of his enemies , and taken prisoner . As he was led along toward the Towne by foure men ( having beene before disarmed , and his weapons taken from him , he strooke two of them to the ground with his fists , and the other two betaking themselves to flight , he returned safe to his company . Hereupon his name was terrible to the English , especially the common sort , who did ordinarily affright and skare their children , when they would not be quiet , by saying , The blacke Douglas comes , the blacke Douglas will get thee . These his vertues moved Robert the second to favour him so farre , as to bestow his daughter on him , though he knew him to be a bastard . The Ladies name was Giles ( or Egidia ) and she was a mirrour of rare and singular beautie , so that whithersoever she went , she drew the eyes of all men towards her with admiration . The chiefe noble youths of the land did sute her in marriage , but the King preferred our William of Niddisdale for his worth before them all . 〈◊〉 writeth that the King of France having heard of the ●…ame of her beautie , sent a painter into Scotland privately , who having drawne her portraiture truly , and shewed it to the King , he was so enamoured thereof , that incontinent he dispatched Embassadours to desire her in marriage ; but all too late , for she was married ( before their coming ) to Niddisdale . The King gave him and his heires to be begotten by him with his daughter , the Lordship of Niddisdale , lying nearest unto Galloway , with the Office of Warden of that Border , and Sheriffeship of Dumfrees , with the Office of Justice , and Chamberlaine , with a pension of three hundred pound sterling by yeare out of the great Customes of certaine Burrowes designed to that effect . He had by this Lady a daughter , who was married to Henry Sinclaire Earle of Orkney , who bare to him a sonne called William , afterward Earle of Orkney . This daughter of his ( married to Orkney ) was named Giles ( after her mother ) as appeareth by a note that is extant of the descent of the Sinclairs . Her husband is called Henry Sinclaire , and his titles are , Knight of the Cockle , of the Garter , and Prince of Orkney . This note calleth William Douglas , Lord of Niddisdale , Prince of Danskine , Duke of Spruce . Sir William Sinclaire , sonne to Henry and Giles , is called Knight of the Golden Fleece , and of the Cockle , Prince of Orkney , Duke of Holdenburgh , Earle of Cathnes , Lord Sinclaire , Lord of Niddisdale , with the valleyes of Neth , Sheriffe of Dumfrees , Great Admirall of Scotland , Warden of the Marches , Great Justice Generall , Baron of Erkfoord , Caverton , Cowsland , Rosseline , Pentland , Harbarshire , Disart , Newbrough in Buchan ; Titles to wearie a Spaniard : which I have s●…t downe to recreate the Reader , either by seeing his greatnesse , or to laugh at the vanitie of the Writer : and yet he hath forgotten one of his titles , which is , Chancellour of Scotland , as Buchanan calls him , and a confirmation given him by King James the second in the yeare 1456. April 29. wherein he calls him his Chancellour and Cousin . This confirmation is of the Earledome of Cathnes united into one Baronie , and his lands of Orkney in compensation of his claime and title to the Lordship of Niddisdale , Offices and Pensions whatsoever that were given to William Douglas ( his Grandfather by his Mother ) by contract of marriage with Giles Stuart ( daughter to K. Robert by his wife Elizabeth Moore ) as is at length therein contained . About the time of the field at Otterburne , because some Irishmen that adhered to England had roaved upon the coasts of Galloway , and carried away store of booty and spoile , the Lord of Niddisdale to be revenged thereof , gathered together a competent number of men , by the aid of his brother-in-law Robert Earle of Fife , and by licence from the King providing himselfe of Ships and vessels , passed the seas into Ireland , and besieged Carlinfoord , a rich Towne in those parts . The Townesmen fearing their Towne should be taken by assault , obtained a truce for certaine dayes , promising to give him a summe of money to have their Towne saved . But in the meane time they assembled some 500. men through the help of a neighbour Towne called Dundalke , and joyning with them , they divided themselves into two squadrons or companies : the one of which invaded Robert Stuart of Disdier , who conducted the Earle of Fifes men , and was gone abroad to bring in some prey : the other assailed the Lord of Niddisdale , who lay still before the Towne . Notwithstanding of this unexpected sally , they were received with such courage and valour , that at last they were put to flight ; and immediately Niddisdale gave an hard assault to the Towne , and carried it : having taken and rifled it sufficiently , he set it on fire , and burnt it to ashes . Others write , that at his first landing the Citizens hearing it was the Lord Niddisdale ( whose name was so fearfully spread over all those quarters ) not only rendred the Town to him , but also received him with great triumph , as if he had been their King or Prince ; and that hereupon he used them courteously . But when his men were in great security , scattered and separated , as fearing no hurt or danger , and some at their Ships , some sent with Robert Stuart of Disdier to spoile the Countrey about , which stood out against him , and to furnish his ships and the towne ; so that there remained not with the Lord Niddisdale above 200. men when they set upon him , as before we have said ; and being beaten , the Towne was sackt and burnt . Then they tooke 60. ships , which they found in divers Havens and Creeks , and laded 15. of them with such spoile as they had gotten , and burnt the rest . Then returning homeward , they spoiled the Isle of Man , which lay in their way . He landed at Loch-rien , which divides a part of Galloway from Carrict , and hearing there of the roade into England , he hasted him hither with all diligence . But truce being made for certaine yeares with England , that he might not languish in idlenesse , he passed into Spruce , from whence he heard that an Army was to be sent against the Infidels . There hee gave such proofe of his vertue and valour , that hee was chosen Admirall of the whole Fleet , which was very faire and great , esteemed to consist of 250. saile , and was there created Duke of Spruce , and Prince of Danskin . But there arose dissention betwixt him and the Lord Clifford an Englishman , upon an old emulation , and present envie of his new preferment , at which Clifford grudged . Wherefore being challenged to the field by Clifford , he accepted it gladly : but the other weighing with himselfe what a hazzard he was like to runne by fighting with such a man of such incomparable valour , found meanes ( before the day of the combat came ) to make him away by hired Assasines and Brigands , who murthered him in the night on the bridge of Danskin . The Manuscript seemeth to say that combat was not taken on there and then , but long before , while they were both at home ; and that Niddisdale before the day passing to Paris to provide armour fit for him ( or on whatsoever occasion else ) Clifford gave it out that he had fled the combat ; but when he saw that he was returned before the day appointed , fearing to match with his well knowne strength and valour , would have shifted the fight with many frivolous excuses . Now there being assembled and met together at that time brave Knights from all the parts of Christendome , Clifford partly for envie of the honour conferred upon his adversary , and partly remembring their old debates , but chiefly because of this disgrace and infamie , of being put to this necessitie of refusing to fight with him , hee caused mercenarie cut-throats to lie in wait for him , who as he happened to walke through the streets , and view the walls of the Towne , set upon him , and murdered him , not without great difficultie : by which losse that enterprise against the Infidels was disturbed and dashed . We told before how he is stiled Prince of Danskin , and Duke of Spruce , in the Monuments of the Sinclairs , of whom one had married his daughter : sure it is , by the report of many eye-witnesses , that there was a gate in Dansick on which the Coat of the Douglasses was carved and graven in stone , which decaying , and being of late re-edified , this monument of him is perished . The common opinion is , that Dansick having beene taken by Infidels , was regained by Scottishmen , and therefore it is that the Scots have such priviledges there : and there is a part of the Town which they call little Scotland , which is inhabited almost with Scottishmen . All which must be referred ( most apparently ) to the Lord Niddisdale , and to this time , and doth testifie in some measure he hath surpassed the quality and condition of a private man , or of a stranger in those parts , seeing he acquired the title of Prince and D●…ke , whereof we can affirme no more then hath beene said . This fell out about the yeare 1389. or 1390. about the death of King Robert the second . Of Archbald the second , called The Grimme , the third Earle , and twelfth Lord of Douglas and Bothwell . UNto James ( 〈◊〉 at Otter●…urn ) succeeded his brother Archbald , whom 〈◊〉 wrongfully calleth his Cousin . Hee was married to the daughter of Andrew Murray , sisters sonne to K. David Bruce , and Governour of Scotland : by her he got the Lordship of Bothwell , and many other lands ; and she bare to him two sonnes , first William , who died a yeare before his father without children ; and 〈◊〉 , who succeeded to his father : also a daughter named Marjorie , married to David Prince of Scotland . Concerning this Archbald the Grim , we finde not many particular acts of his recorded , besides those which he did in his fathers time , and in his brothers ( of which we have already spoken ) although certainly hee cannot but have done divers worthy of memorie , seeing he hath the name and reputation of a most worthy Captaine , being so sterne and austere in carriage and countenance , that hee was termed , The Grimme Douglas , and by our Writers , Archbald the Grimme . Now that we may the better understand the reasons of the Douglasses proceedings and actions , let us ( as our manner is ) take a generall view of the estate of the Countrey at this time . His succession to the Earledome by the death of his brother was ( as we have said ) not long before the death of King Robert the second , who died in the Castle of Dundonald in the yeare 1390. April 19. Before his death there was a Truce taken betweene England and France for the space of seven yeares , wherein Scotland was also comprehended . By reason of this Truce partly , and partly for that his sonne John , who was afterward called Robert the third , was lame both of body and minde , and so no wayes fit for warre , there is no mention of any exploit done by this man : onely it is said of him , that when King Robert the third , in the year 1396. and the seventh of his reign , created divers Dukes , and would have made this Archbald one , he refused it as a noveltie and an empty title , not worthy of the accepting , seeing it was neither bestowed for merit , nor service done , nor had any reall advantage in it , save an airy show of appearing honour to please the humour of ambitious minds , of which he was none . The next yeare following , Richard the second of England , was deposed , and the Duke of Lancaster was made King in his roome , who was Henry the fourth : In the beginning of Henries reigne , the seeds of warre were sowen upon this occasion . George Dumbarre , Earle of March had betrothed his daughter Elizabeth to David the Kings eldest sonne , and had payed a great part of their portion before hand : But the Earle Douglas , alledging that the Kings private contracting of his sonne without the consent of the State , was not according to the custome of the Kingdome , nor right and orderly done , caused the matter to be propounded by his Majestie to the Parliament , as former Kings had done , and as reason required , seeing the whole Kingdome hath interest in the matching of their Princes , and Kings children . There he handled the busines so , that the contract with Marches daughter was declared void and null , and his owne daughter Marjorie Douglas , was contracted to the said Prince David by consent of the Parliament ; having offered a greater portion with her , then the Earle March had done with his daughter . He obtained for her joynture , all the rents and revenewes which belonged to the King on the south side of Forth . The way he tooke to bring this to passe , was by the means of the Kings brother Robert Earle of Fife , now made Duke of Albany , and Governour of the Countrey under the King , as he had been in their fathers time ; who did also then even govern both King and Kingdome , and every thing as he listed : and Douglas and he were inward , and deare friends , as his brother James ( slain at Otterburn ) and he had ever been : now whether the Earle Douglas had that respect indeed to have matters of such importance to the Kingdome done by common advice of the Nobility chiefly , or if his chiefend were his owne particular , because of the old emulation betwixt the Earles of March and Douglas , to hinder the growth of that house by this great advantage of aliance , or if hee had an eye to both , or to any thing else , I leave it to be judged of others . The marriage was solemnized in the Church of Bothwel the yeare 1400. with greater haste then good speed , or any comfort to either party that we heare of . For neither came this David ever to bee King , which was the thing that was expected , that thereby the house of Douglas might have been greatned : Neither did this aliance of Prince David with the Earle of Douglas , stand him in any stead : in that hee was most miserably handled by his Uncle the Governour , who aspired himself to the Crowne , which makes me to wonder why hee did not rather hinder this marriage of his Nephew with the Earle Douglas , then thus further it ; seeing in all likely hood it might have been a great let and strong hinderance to those his ambitious designes : But so are the secrets of things hid from us , that wee cannot finde out the causes and reasons of them by no means , being not observed , or not mentioned by the Writers of those times ; hovvever this marriage bred great contention and enmity betvveen the Earles of March and Douglas ( though neare kinsemen ) and did also disturb the peace and quietnesse of the Kingdome : for March before the marriage was solemnized , did not stick to goe to the King , and upbraid him with breach of promise , which ( he said ) was neither just , nor Princely ; craving also 〈◊〉 , and roughly the restitution of his mony which he had advanced for his daughters portion . The King having not answered him according to his mind , hee spared not to threaten that he should be avenged on that rufle and disgrace that he had put upon him and his daughter . And so retiring from Court , he fortefies his Castle of Dumbarre , and gives it in keeping to his Nephew Robert Metellan , he himselfe ( having received leave of King Henry ) went into England ; whereupon the Castle of Dumbarre was summoned in the Kings name by an Herauld of Armes , and was surrendered by the Captain thereof Robert Metellan into the hands of the Earle Douglas . The Earle of March returned into Scotland , but being excluded out of his Castle at Dumbarre , went back again into England , taking his Lady and children along with him , together with the nearest of his kinsmen , and his chief friends accompanying him . There he joyned with 〈◊〉 〈◊〉 ( called hote spurre ) a 〈◊〉 〈◊〉 of the house of 〈◊〉 , and trusting to the favour and good will borne him by these who dwelt on the East Border or March of Scotland , most of which were his vastalls and dependers , many of them his kinsmen , and all of them 〈◊〉 to him by some relation , or obligation , he troubled the Merse chiefly and the Earle Douglas lands with frequent incursions and inroades . The King hereupon caused proclaime him rebell , and yet notwithstanding , sent to him a Herauld of Armes , with profer of pardon , and restitution , upon condition that hee would returne and live peaceablely at home ; and that he should receive all such satissaction for any wrong he could justly complain of , as he desired . But when hee 〈◊〉 to embrace this offer , the Herauld passed on to King Henrie , and complained of the Earle of March , craving that hee might bee delivered according to the Articles of the tr●…ce . But hee was answered by the King , that hee had given him his word , and could not breake it . In the mean time P●…rcie , and the Earle of March , being emboldned with divers successefull attempts upon the 〈◊〉 , adventured with 2000. men to come into Lowthian , where they wasted the Countrey near unto Hadington , assaulted the Castle of Hales twice but in vain : burnt the townes of Hales , Trapren , Markill , and other adjacent villages . And while they encamped at Linton upon Tine , hearing of the Earle Douglasses approach , who had raised sufficient forces , and was marching towards them , and was come as farre as Penkrake , they arose and fled in great haste , leaving behind them all their booty , together with their owne luggage and carriage . The manuscript and black booke of Scone say clearly that the Earle Douglas followed them so quickly , that he overtooke them or they got to Berwick , and killed divers , having wrested an ensigne out of the hands of Sir Thomas Colbouth which he brought into Scotland with him . Boetius relates it not much otherwise . Other Histories make no mention hereof , but onely say , that the Earle returned to Edinburgh with great congratulation and joy of all men . He died not long after of a burning fever the same yeare 1400 , in the beginning of February : very unseasonably for his Countrey ; which was destitute of able Commanders in warre , having lost divers others of good note not long before . He was buried in Bothwell with his La●…ie . He was a man nothing inferiour to any of his Predecessours , or Successours of his house and name , in any kind of vertue , and in speciall of true and reall kindnesse to his friends and followers , as appe●…reth by a letter of his to the Earle of March in favour of the Laird of Ridpeth , a Gentleman in Lammer moore who was his follower , and was wronged by the Earle of March in the possession of some lands : but more in Marches refusall to right him ; he assembleth his forces , and dispossesseth the Earle of Marches sonne , and reponed Ridpeth in his right , and maintained him therein ever after , which his successours doe enjoy at this day . As for his valour and conduct in warre , hee is termed the best Captain of his time , and that in his person the splendour and glory of warrefare both stood and fell . Others say that hee left behinde him an honourable memory of high Prowesse , and noble valour , shewed in many enterprises by him happily a●…chieved for the good of his Countrey . In Piety hee was singular through his whole life , and most religious according to those times . He did very much honour and reverence all religious persons ; for whose use he founded the Colledge of Bothwell . Out of his zeal and sincerity he expelled the Nuns of the Abbacie of Lincloudon , and changed it into a Colledge of Clerks , because the Nuns ( saith Boetius ) kept not their institution of their order : and Major faith it is to be presumed , that they kept not their Chastitie , otherwise he could never have thrust them out . And in this he commendeth him , as having an eye to Religion , and a speciall care of the pure and sincere worship of God , as his onely end and intention . As for his prudence and providence , it appeareth that he did greatly encrease his Revenues , and enlarge his Dominions : hee was trusty and faithfull in his promises , and carried a minde free from all ambition , and vain glory : All vertues greatly to bee accounted of , and imitated of all . Of Archbald the third of that Name and thirteenth Lord , the fourth Earle of Douglas , Lord of Bothwell , Galloway and Annandale , first Duke of Turrane , Lord of Longe-ville , and Marshall of France . UNto Archbald ( the Grimme ) succeeded his second sonne , named also Archbald ; he was married to Margaret daughter to King Robert the third , and second of the Stuarts . She lieth buried in the Church of Linclouden , with this inscription on her Tombe , Hic jacet Margarita Scotiae regis filia , Comitissa de Douglas , vallis Anandiae , & Gallovidiae Domina . Here lies Margaret daughter to the King , Countesse of Douglas , Lady of Annandale and Galloway . He had by her two sonnes , Archbald , to whom Thomas Flemine Earle of Wigton resignes the Earledome of Wigton , and he is entitled ( during his fathers life time ) Archbald Earle of Wigton : his other sonne was James , Lord Abercorne , called grosse James . Hee had al●…o two daughters , Marga●…et , married to Sir William Sinclair Earle of Orkney who was fifth in line ●…rom the Earle of Saint Clarences second sonne , that came first out of France , and was sonne to Giles ( or Egidia ) Douglas , daughter to the Earle of Niddisdale . Elizabeth was the other , who was married to John Stuart Earle of Buchan , second sonne to Robert the Governour , afterward Constable of France : her dowry or portion given with her in marriage , were the lands of Stuarton , Ormeshugh , Dunlope , Trabuyage ( in Carrict ) by resignation . This Archbald is hee who was called Tine-man , for his unfortunate and hard successe he had , in that he tint ( or lost ) almost all his men , and all the battels that hee fought . This nick-name , or cognomination in the old manuscript ( of Sir Richard Metellan of Lithington ) giveth to Archbald slain at Halidoun hill , and call●…th this , Archbald one eye , for distinction , because of the losse of his eye in a battell against Percie . But that surname of Tyne man cannot bee given so conveniently to the former Archbald , who lost onely one field , and himself in it ▪ whereas this man ever lost his men , himself escaping often : hee is distinguished also from others by the Title of Duke of Turrane : But however he be named , it is true , that no man was lesse fortunate , and it is no lesse true , that no man was more valorous , as will appeare by the History . At his beginning to bee Earle , a little after the decease of his father in August 1409. Henry the fourth of England entered Scotland with an Army , and came to Edinburgh , where he besieged the Castle , in the which the Duke of Rothsay ( Prince of Scotland ) and with him the Earle of Douglas , were . The Governour of Scotland raised an Army to have given him battell , and was come to Calder-more , but went no further , and there disbanded his Army . The English Histories say , that the Governour sent word to the King of England , that if he would stay for him but sixe dayes onely he would give him battell , and that the Herauld got a silke gowne , and a gold chain for his newes from the King ; but the King having stayed twice sixe could heare nothing of his coming . The cause of the Governours slacknesse is given out by some to have been the desire that he had that the Duke of Rothsay might perish , and be taken out of the way , that he himself might come to the Crown . Now as all do agree , that he had these ambitious thoughts , so Major sheweth that there was also some other particular between them , whereof he relateth the occasion to have been this . There was one John Remorgeny , who first laboured to perswade the Duke of Rothsay to cause slay the Governour , and then ( when he could not prevail with him to wrong his Uncle ) he dealt with the Governour to cut off the Duke his Nephew , as one that would ruine him , if ever he should come to be King. This Remorgeny was seconded by Lindsay , who was upon the plot with him , and helped it forward upon malice against Rothsay , who had betrot●…ed his sister , an●… rejected her , as he had done to the Earle of Marches eldest daughter . This seemeth not to be unlikely , and giveth some further light to the History , as containing the cause of the Governours not releeving the Castle of Edinburgh . It is also a remarkable example of crafty Counsellours , who are to be noted and avoided . And I marvell much how it hath escaped the diligence of our best Writers . I thought it not to be omitted in this place , as an instance of feare concurring with ambition in the Governour : and indeed these two are commonly joyned together , and take matter each of other . Ambition bringeth feare with it , and feare spurreth forward ambition toward that it aimes at ; as being not onely honourable , but necessary , and the onely meane to secure a mans selfe : especially where it lighteth upon such Counsellours , as these were , to blow the fire , whereof Princes had need to be aware , and stop the entrie to the first motions thereof . The blacke booke of Scone saith that Henry the fourth acknowledged himselfe to be ( semi Scotus de sanguine Cumini ) halfe a Scot of the bloud of the Cummins , and that he tooke the most High to witnesse , that he was not come to hurt the Countrey , but onely to have reason of some of the Nobilitie , who had written to the King of France that he was a Traitour in the superlative degree ( which letters his men had intercepted ) and to trie if the Authours of these letters durst fight it with him . The Manuscript saith that he was disappointed of his purpose notwithstanding : for he thought to have taken the Castle of Edinburgh , and to have made Scotland subject to him thereafter ; but it being valiantly defended by the Earle Douglas , he was constrained to rise from before it with great losse and discontentment , and no great credit ; especially for that the winter drew on apace , having sat downe before it about the end of September . I am not ignorant that our Writers give this Henry the commendation of great modestie in this journey , as being mindfull of the courtesie showne to his father the Duke of Lancaster in Scotland , and that they say that he used the prisoners not cruelly but courteously , and that when he passed by the Castles and Forts of the Countrey , he did onely require of the Captaines and Keepers of them , that his Ensignes might be set on the top of the wall , as a token of their submission , and that they were in his will : but seeing their owne Authors deny him this honour , and say that he burnt the Towns , Villages , and Castles , even a great part of Edinburgh and Leith , we have small reason to contend with them for it ; and so we accept of it , and follow the Scottish Manuscript . Upon Henries departure , because the Earle of March troubled the Countrey with frequent rather then with great incursions , the Earle Douglas ( who had the government of Lowthian , and the Castle of Dumbar ) went with an Army into Northumberland , and wasted the Countrey with great havock . At his returne he gave order that the Barons and Ge●…tlemen should choose some of their number to be Captaines , and allot unto them a competent number to follow them , who might by turnes wait and be in readinesse , either to resist the enemie , or to make an inroad upon him in his owne Countrey , as they should find occasion . The first turne fell to Thomas Haliburton Lord of Dirleton , who having entred England , and gotten a great bootie neere unto Bambrugh , returned home safe . But Patrick Hepburne of Hailes ( the younger ) had not the like successe : for he going upon the like adventure , had indeed taken a rich bootie , but having stayed a day longer then he should ( and had beene advised by his friends ) in the enemies bounds , they gathered themselves together , and following him , overtooke him at West Nisbet in the Merse . There , after a sharp encounter , the Scots had gotten the better of the English , and well nigh the victorie , till George Dumbarre , the Earle of Marches eldest sonne , coming in with an hundred fresh horse , regained the victorie to the English , and slew the flowre of the youth of Lowthian , together with their Captaine Patrick Hepburne . The fight happened the 22. of June 1401. the place whereof is yet called , The Slaughter Hill. This Patricke Hepburne was entirely beloved of the Earle Douglas , and as deare to him as his owne selfe : for he it was that fought so valiantly at Otterburne , and therefore he was filled with griefe and indignation for his death , being so brave a Captain , and so deare a friend to his house , and to himselfe . His honour also , and the credit of his Countrey stirred him up also to seeke a revenge of the Authors thereof . Whereupon having obtained leave of the Governour , he gathered together about some 10000. men , amongst whom were many of the chiefe Nobility of the land , even the Governours eldest sonne Murdock ( who succeeded to his father in the Government ) George Earle of Angus ( his owne Uncle ) Thomas Earle of Murray , and John Dumbarre brother to the Earle of March , one that had married the Kings sister . With this company he entered England as farre as Newcastle upon Tine , and having gotten a great bootie , was retiring homeward . In his returning , neare unto Milfield , Henry Hotspurre and George Earle of March lay in his way with a farre greater power then he had . Wherefore the Earle Douglas tooke a ground of advantage , which was a little hill besides Homildon , a Village in Northumberland . Percie would have marched straight towards him to have assailed him , but the Earle of March ( being very skilfull in warre , and more calme and advised ) stayed him , and gave him counsell first to send a flight of arrowes amongst them , and to give them a volee of their fielding pieces , which was done accordingly , and did greatly annoy the Scots , and slew many of them . Douglas perceiving that he could not brooke that place with safety , thought it better to hazzard the battell in plaine field , then to stand still and see his men slaine about him by the enemies shot , while they stood safe , and came not within stroake of their swords , and long weapons . And so ( though farre inferiour in number ) downe the hill he goes , and gave a fierce assault upon the enemie . But the Vauntguard being brangled , and giving backe ( being much troubled and sore wounded by the Archers ) though they were sharply rebooked by Adam Lord Gordon , and Sir John Swinton , and brought on againe , yet were they not able to sustaine and abide the shot of the enemie , but were defeated every man. The rest that were behind , being exhorted by their Captaines to revenge the death of their fellowes slaine before their eyes , did acquit themselves bravely , but being overwhelmed with the greater number , were also overthrowne at last . There were many slaine , amongst whom were the forenamed Adam Lord Gordon ( who had beene at variance with the Earle Douglas , but in this expedition hee had been reconciled to him , and Knighted by him ) and Sir John Swinston , two that gained greater reputation of valour and courage that day , and fought so valorously , that if the rest had followed their example , that field had not been so lost . There were also divers others of note ; such as John Livinston of Calender , Alexander Ramsay of Dalhousie , with a number of common souldiers . Many were taken of quality , Murdock the Governours son , George Earle of Angus , Thomas Earle of Murray , Robert Ereskine of Alloway , James Douglas eldest son to the Lord Dalkeith , and his two brothers , John and William ; George Lesly of Rothes , Patrick Dumbar of Beell . In the black Booke of Scone is set downe the death of the foresaid George Earle of Angus , how hee died in England of the plague being a prisoner ( with many others ) and Alexander Hume of Dunglas also , as the same Booke doth witnesse . The Earle Douglas himselfe was taken also , having lost one eye in the fight . This battell was fought on the Holy Rood-day in Harvest , or ( as others ) the 5. of May 1401. or 1402. rather as appeareth by the former History . Whilest the Earle Douglas was prisoner in England , the Duke of Rothsay became so riotous , and insolently unruly , that his father not being able to governe him by his owne authority , did commit him to his brother , the Governours tuition , to be corrected and tamed by him . Hee made use of this occasion for compassing his owne ambitious ends , or to be rid of the feare hee had of him ; shut him up in Falkland , and starved him to death . The blacke Booke of Scone saith , that the Earle Douglas was with the Governour , when hee brought the Duke from Saint Andrewes to Falkland . But it should rather seem that he hath been a prisoner in England , when the Duke was thus used : for if hee ●…ad been at home , in all likelihood he would have reclamed the Duke ( being his brother in law ) and have brought him out of his wild courses ; or by his credit with the Governour would have saved him , and prevented such extremity , unlesse he had proceeded so farre as to cast off the Earles sister , whereof we heare nothing . And even in that case , seeing there is alwayes some hope of reconcilement between man and wife , and therefore such fallings out are often born with , in Princes upon that hope ; it is likely he would have used his care and credit to have composed things in some better sort : however , whether through his absence or negligence , or that having small hope of amendment , he would not meddle in it : the Duke persists in his lewd wayes , and growes rather worse then better . Wee reade of no help or assistance that the Douglas made unto him , as hee was bound by so neare alliance . Neither do we heare how he carried himself toward the Earles sister his wife ; or whether shee had any children by him or not , though they had been married at that time some foure or five yeares , and hee was a man of twenty three or twenty foure years of age at the least , having been eighteen when hee was enstalled Duke in the 1396. yeare , which is a great neglect and oversight in our Writers . This is clear that neither party had any contentment , or comfortable succes from this match which they so much affected & brought to passe with so great trouble , disquiet , and mischiefe in the Kingdome ●…a notable lesson for men to moderate their desires of any thing , and not to seeke it over eagerly ( though it seem never so advantagious ) in respect of the uncertainty of the sequell and event of all humane things . But to returne to our prisoner : wee see him hurt , defeated , a captive , but neither disgraced , nor discouraged ; no nor any whit lesse esteemed of by his friends , or enemies : who indeed needed not to bee over proud of this victory , which was obtained rather by the multitude of men , then meer valour , neither were they yet quit with the house of Douglas , for what they had received of them before : however these vicissitudes of fortune in the emulation of these two houses ( Douglas and Percie ) were matter rather of sharpning then discouraging , and dejecting their spirits , and b●…ed not hatred , but an higher ( though emulous ) esteem of each towards other . This overthrow and losse of the Earle Douglas did not diminish , but rather increase his praise and glory , and that even in the opinion of the Conqueror . It became also the occasion of shewing his worth in a more conspicuous and publike Theatre , and on a more eminent subject , and powerfull enemy : for not long after , the Earle of Northumberland ( whether for envie of King Henries good successe , to whom he had been a great friend in the beginning ; or for that Henry usurped the Kingdome contrary to his oath and promise ; or for his neglecting to relieve Edmond Mortimer Earle of March , taken prisoner in his service against Owen Glendour by the said Owen , or out of indignation against him for craving to have his prisoners from him , which hee had taken at West Nisbet , and at Homildon , of whom onely they had sent Murdock Stuart to the King ; or for what ever other cause ) the said Earle entered into league with Edmond , Owen , and some other Lords , against the King , with such confidence , that they made a tripartite Indenture , wherein they divided all England into three parts , to each of them a third : whereupon Percie , esteeming highly of the Douglas valour , having had good proofe thereof at Homildon , offered if hee would take part with him in this enterprise , and shew himself as valiant on his side , as hee had done against him , that he should not onely be let goe without ransome , but also ( if they prevailed ) he should have Berwick , and a part of Northumberland for his reward . Douglas , who was no wayes slack to embrace any good occasion against England , gladly accepted the condition , and getting leave to come home , returned again at the time appointed , well accompanied with many of his friends and followers . The leading of the vantguard was committed to him , which place he discharged bravely , and behaved himself so , as no man ever did more valiantly and admirably by all mens confession : for after the Scots ( who were led by him ) had made a fierce onset upon the Kings foreward ( conducted by the Earle of Stafford ) and forced them to give back , having almost broken their ranks , the King came to their aid with his fresh troupes , and renewed the fight more fiercely then before . Douglas and Percie , perceiving the King to be there in person , bent their whole forces towards him with such violence , that if George Dumbarre , Earle of March ( who had of late betaken himself to the Kings side ) had not warned the K. to withdraw himself from that place , Douglas had certainly slain him , for hee made so hard an onset on the Kings Standard , that he bore all down before him , and slew the Earle of Stafford with his owne hands , who had been made Constable of England that same day : as also three more , who were apparelled like the King : and when the K. restored the battell again , and had broken the rankes of those that stood against him , Douglas seeing him the fourth man in royall apparell , hee said aloud in great choler and indignation , where the Devil were all these Kings borne ? and withall running fiercely at him , beat him from his horse , and at the same instant slew Sir Thomas Blunt , the Kings Standard-bearer , and overthrew the Standard . But the K. was rescued , and mounted again by those that were about him , especially by his owne sonne ( afterward Henrie the fifth ) and so escaped . At last the victory fell to the Kings side , who had behaved himself most valorously , and is reckoned to have slain with his owne hands thirty six of the enemies . So that the victory is ascribed chiefly unto him , who did both by word and example encourage his Souldiers , that they renewed the fight , slew the Lord Percie , and with him discomfited the whole Hoast . The Earle Douglas was taken prisoner , and brought to the King , who would on no wise consent to have him put to death ( though divers perswaded him to it ) but commended his faithfulnesse to his friend , and praised his valour , which he honoured much ; in regard whereof he both caused cure his wounds , and sent him rich presents . Some write that being asked by those of the Kings side , why hee did joyne with such traitours against the King , his reply was onely this ; It seemeth ( saith hee ) that the King is yet alive , though divers Kings have been killed to day . This answer being so full of resolution , and courage , and void of all fear , did move the King to regard him so much the more . They tell also that being hurt in his privie members , when after the battell every man was reckoning his wounds , and complaining ; hee said at last when hee had hard them all , They sit full still that have a riven breike . The speach continueth still in Scotland , and is past into a Proverb which is used , to designe such as have some hidde and secret cause to complaine , and say but little . Hollinshed writeth , that in respect of his Noble parentage , and valour , he was tenderly cherished by King Henry , and frankly and freely demit●…ed without ransome : and such indeed is the custome of generous minds to honour vertue even in the enemy . It is generally agreed upon by all , that he was highly honoured and esteemed , so that the King ( or some of his Nobles ) caused draw his picture , which is still to be seen in the privie Gallery at White Hall. But touching his delivery , some say that when he had stayed in England certain moneths , he was with difficulty set at liberty after he had payed a great summe of money . Others write , that he was detained eight or nine yeares at least , but that seems to be too much for this battell ( called Shrewesbury field ) was in the yeare 1403. in the fourth yeare of King Henry , on Saint Magdalins day , and Douglas was set free at the death ( or not long after ) of K. Robert the third of Scotland , in the yeare 1406. When the Earle hard word of his death , he made shift to agree for his ransome , and so returned with all speed into Scotland . It is said , that George Earle of March did him very good Offices in England , and was a chief mean and instrument of his delivery , being reconciled to him during his imprisonment : wherefore the ●…arle Douglas at his 〈◊〉 procured liberty for the Earle of March to come home into Scotland , and to be received a free Liege again ; but upon condition that he should suffer the Castles of Lochmaban and Dumbarre to remaine with the Earle Douglas and his heires , notwithstanding of any agreement made between them to the contrary in England . And so in the yeare 1411 he was restored by the Governour , a●…ter hee had remained fifteen yeares in England , or thereby , having done great hurt to his Countrey , and much good service to the Kings of England ; but for all the service hee did , hee could neither move the King to restore him , and repossesse him again in his owne , neither obtain competent means and allowance for his estate and quality . A notable example for Subjects , to learne hereby not to forsake their naturall King , and native Countrey in hope to be supported or ayded by forrain Princes : farre lesse thus to hurt and endammage their owne Countrey , for the pleasure and advantage of strangers . The black book of Scone ascribeth the restitution of the Earle of March to Walter Halyburton sonne in law to the Governour ( Gener Gubernatoris ) by marrying his daughter Isabell ( a widdow , and Countesse of Rosse ) for which he got from March a fourty pound land in Birgeam ; and that the Earle Douglas got back Lochmaban , and the Lordship of Annandale : however it bee , a yeare or two after the Earle Douglas was returned , the Earle March was restored , whereunto Hollinshed al●…o seemeth to agree : for in another place after the death of King Robert ( which hee setteth in the yeare 1408. ) forgetting what hee had said before ( that the King dimitted Douglas frankly and freely ) hee writeth thus . Archbald Earle of Douglas , as yet remaining captive in England , after hee had knowledge of King Roberts death ( to wit , five yeare after this at least by his owne account ) made shift to agree ●…or his ransome , and so being set at liberty , returned with all speed now at length into Stotland . Wherein he contradicts himself , and casteth downe all that liberality , and mag●…nimity of his King ( in dismissing the Douglas freely ) and with so much the more blemish , as in saying it was done , he acknowledged it should have been done , as it had indeed been most honourable and Princely , and might ( perhaps ) have gained the heart of that worthy Nobleman . But we find but ●…ew actions in that kind of full beneficence practised towards the Scots : and it seems that his great worth hath extorted their admiration , and some Offices of courtesie , & common humanity , such as were the preservation of his life , and curing of his wounds ; but the old grudge of Nationall quarrell remaining still in vigour , did choake the fruit of true Princely dealing , and kept ●…t that it came not to that full maturitie of beneficence , which the party deserved , and was suteable fot such a King. Wherefore let him content himself with this honour , that his valour was acknowledged abundantly , and himself by the confession of King Henries owne Heraulds , accounted one of t●…e chief Chivaliers and Champions in Albion : and let him thanke his own prowesse more then their kindnesse for this testimony . Wee will also adde a witnesse of these in our times , on●… of their owne Poets ( Samuell Daniell ) who speaking of King Henries son , who releeved his father in the battell of Shrewesbury from the Earle Douglas , he writeth thus : Lib. 3. Stanza 113. Hadst thou not here lent present speedie aid To thy endangered father neerely tired , From fierce encountring Douglas overlaid , That day had there his troubled life expired . Heroicall couragious Blunt arrayed In habit like as was the King attired , And deem'd for him , excus'd the fault of his , For he had what his Lord did hardly misse . Taking Blunt for one of those that were apparelled like the King , whereas others account him to have been the Kings Standard-bearer . But in the warres between York and Lancaster , it is more amply set downe in this sort : Lib. 4. Stanza 49. Yet here had he not speedy succour lent To his endangered Father , neare opprest , That day had seen the full accomplishment Of all his travels , and his finall rest : For Mars-like Douglas all his forces bent T' encounter and to graple with the best ; As if disdaining any other thing To doe that day , but to subdue a King. Stanza 50. And there with fiery courage he assailes Three all as Kings adorn'd in Royall wise , And each successive after other quails ; Stil wondring whence so many Kings should rise , And doubting least his hands or eye sight fails , With these confounded on the fourth he flies , And him unhorses too , whom had he sped He then all Kings in him had vanquished . Stanza 51. For Henry had divided as it were The person of himself into foure parts , To be lesse knowne , and yet known every where , The more to animate his peoples hearts ; Who cheared by his presence , would not spare To execute their best and worthiest parts : By which two speciall things effected are , His safetie and his Subjects better care . And in the 54. Stanza , speaking of Hotspurre , But he as Douglas with his fury led Rushing into the thickest woods of speares , And brooks of swords , still laying at the head . Then a little after in the 56. upon the killing of Hotspurre Which thus mispent , thy Army presently As if it could not stand , when thou wert down , Disperst in rout , betakes them all to flee : And Douglas faint with wounds , and overthrowne , Was taken ; Who yet wanne the enemy Which tooke him , by his noble vertue showne In that dayes mighty worke , and was preserved , With all the grace and honour he deserved . And that was all to be preserved and respected , but not easily nor soon dismissed : for ( besides what hath been said of this point ) there is an Indenture yet extant , which contains the agreement betwixt King Henry , and him . That whereas the said Earle was lawfull prisoner to him , or to his sonne , John of Lancaster , he should have free libertie to returne to his own Countrey of Scotland , upon his giving of twelve Noble Hostages for his reentry into the Castle of Durham , being then in the custody of the said John of Lancaster . The Hostages were , 1. Archbald Douglas , his owne eldest son and heire : 2. James his brother : 3. James son and heire to James Lord Dalkeith : 4. Sir John Mongomery , Lord of Adderson : 5. Sir John Seiton , sonne and heire to the Lord Seiton : 6. Sir William Douglas , of Drumlainrig : 7. Sir William Sinclair of Hermiston : 8. Sir Simon 〈◊〉 sonne and heire to Sir Adam of Glendining : 9. Sir John Harris , Lord of Terregles : 10. Sir Harbert Maxwell : 11. Sir William Hay : 12. Sir William Borthwick . The Condition beares that upon the Earles reentry of his person into the wards of the said John of Lancaster , the said Hostages were to bee set free to repair with safe conduct into their own Countreyes , and that within fourty dayes after the Earles re-entry , or after his death . And that the Prince Thomas , and his said brother John , and the Earle of Westmoorland should be obliged by expresse commandment from the King to secure the said Hostages , during the time of their abode , and residence in England . And if the Earle should fail of his re-entry again , that the said Hostages should be at the Kings disposing . And in case the said Earle should die , his eldest sonne and heire was to abide prisoner with the King in his sons keeping , and the rest of the Hostages were to be set free immediately . And further it was conditioned , that the Earle should do his uttermost to keep the truce that had been reated of between the King , his Counsell , and the said Earle : and that he should cause it to be ratified and confirmed by both the Realms of Scotland and England , for sixteen yeares : and in c●…se he could not obtain that , that then the said Earle for himself , and his Countreyes betweene the East and West seas , inhabited by any of his men and vassals , should keepe truce with England from Pasch next , till Pasch thereafter . These conditions were drawn up by the Kings Councell in forme of an Indenture , whereof each had a counterpane , signed , sealed , and delivered reciprocally by the said parties at London the fourteenth of March 1407. During the time of his captivity in England , the Duke of Rothsay was famished to death by his Uncle the Governour , who being accused thereof by the King his brother , made such a slender purgation , that the King fearing he would doe the like to his other sonne James , sent him by sea to France , where he might remain in safety while he were come to years . But being driven in by storme of weather into the coasts of England , he was detained as a prisoner by the King and State. Hereupon followed the death of the desolate father , and the continuance of the Governour in his Office. And now Douglas being come home ( in the yeare 1411. ) hee kept good correspondencie with the Earle of March ever after , for there had alwayes beene friendship betwixt the two Houses ( of March and Douglas ) untill the match with the Duke of Rothsay did separate them ; and now that being away and digested , and March having furthered Douglasses delivery out of captivitie , and Douglas procured , or helped to procure Marches peace and restitution , they joyned ever thereafter in all common affaires . Some write that those two did burne the towne of Roxbrough , but it seems to bee mistaken ; for that was done ere they came home , by William Douglas of Drumlanrig , and Gawin third sonne to the Earle of March. After their return , there is no mention of any exploit of warre between Scotland and England for the space of tenne yeares : whether it were that there hath been any truce , or that Henry the fourth dying , his sonne Henry the fifth was so taken up with the warre with France , that he had no leasure to looke toward Scotland ; or that the Governour durst not attempt any thing against him , for feare hee should send home the rightfull heire to the Crowne of Scotland , whom he had in his power and custody , and who ( he doubted not ) would finde favour enough in Scotland , both for his right , and out of commiseration of his estate , and condition . So there was nothing done , except some slight and private inrodes , such as when the Earle Douglas burnt Penmoore a towne in England at which the Earle March is also said to have been in the yeare , 1414. In the yeare 1420. The Governour died , and his sonne Murdock was made Governour in his place , having been relieved a little before by enterchange of a sonne of the Earle of Northumberland . He was a man of a dull and heavy spirit , and of no authority , not so much as to governe his owne family , which made him to be little regarded : about this time the civil warre in France grew hot between , Charles the sixth King of France , Philip Duke of Burgundie and Henry the fifth of England on the one part , and the Daulphin of France on the other , for Philip of Burgundie had perswaded the King of France to dis-inherrit his sonne the Daulphin , and to give the Crowne with his daughter to Henrie of England . So that the Daulphin , ( afterwards King Charles the seaventh ) was redacted to that extremity , that his enemies called him in derision , King of Bourg , because his residence for the most part , was in Bourg in Berrie . Wherefore he being thus abandoned by his own Countrey men , and destitute of all forraign help , sent ( this yeare ) the Earle of Vandosme Ambassadour into Scotland to crave aid according to the ancient League , and made great promises to all the Scots that would assist him in this quarrell . It was willingly granted by the whole State , and seaven thousand men agreed upon , as a competent number for that service , which was soone made up of Volunteers : the youth of Scotland being now greatly multiplied by long peace with England . Their Generalls were John Earle of Buchan , and Archbald Earle of Wigton the one sonne , the other sonne in law to Archbald Earle of Douglas . Whilest they were busied in France , the Earle Douglas was not idle at home , for the black booke of Scone beareth that hee went with an army to besiege the Castle of Roxbrough , and with the Governour Murdock , against Berwick , but they returned both without effecting any thing , by reason of the treachery of some Scots ; wherefore this was named the foule roade . We reade of Douglas also how hee was judge to a duell in Bothwell-haugh , between John Hardy , and Thomas Smith : this Smith had accused the other of treason , which Hardy denying , and the other not being able to prove it by witnesses , the comb●…t was appointed for triall of it , in which Smith ( the accuser ) was slain . The same booke also saith that ( in the yeare 1420. or 21. ) the Earle Douglas entered England , and 〈◊〉 the towne of Aewels . But here it will not be impertinent for us to step over to France , and see what Buchan and Wigton are doing , seeing that this imployment gave Wigton occasion to show himself there , and did afterward also draw over his father ( the Earle Douglas ) thither : and the order of time doth also leade us to speake of those things in this place . We have told before how John Stuart Earle of Buchan , who was second sonne to the former Governour , and brother to Murdock present Governour of Scotland ) and Archbald Douglas Earl of Wigton ( whose sister Buchan had married ) were chosen to conduct the forces sent into France , to aid the Daulphin against the King of England , and Duke of Burgundie . The chief Gentlemen of note and qualitie that went along with them were Robert Stuart ( another sonne of the Governour ) Alexander Lindsay ( brother to the Earle of Crawford ) and John Swinton Knights , being arrived in France , they were received of the Daulphin with great joy , and made heartily welcom ; who gave them the Towne and Castle of Chastillion in Turrain for their rendezvous and place of retreat and resort , being a fertile Countrey , and abounding in all things necessary ; as also for that it lay neare unto the enemy , for the Duke of Clarence ( King Henries brother and Lieutenant ) was about to have spoyled the Countrey of Angiers , or as ( Hollinshed ) had spoyled it already , and had retired into the towne of Beaufort in the Vallay , and was ready to assault a towne called Vielle Bauge ( old Bauge ) some two dayes before Pasche . The Scots expecting that ( as the manner then was ) he would have abstained from all feats of armes , and have given himself to the devotion of the time : or having ( as some others say ) taken and given assurance for eight dayes , which is the space of time commonly bestowed upon that solemnitie , were somewhat remisse and negligent in their discipline . The Duke of Clarence having notice hereof by a Lombard called Andrew Fregosa ( as some say ) or by some Scottish prisoner intercepted ( as the Annals of France do beare ) who discovered to him the government of their army , and the carriage of their Leaders and Captains , was very glad of so good occasion ( as hee deemed it ) to take them at unawares , and defeat them . Wherefore he rose presently from dinner , and taking with him onely the horsemen , leaving the Archers under the conduct of the bastard of Clarence , Sir Thomas Beauford , whom he had lately Knighted at Angiers , together with two Portugall Captains to assist him , he made straight toward the enemy , saying , that he and the Nobles onely , would have the honour of that day . Hee went with great confidence to have surprized the enemy , carrying a faire Coronet of Gold on his head , and very magnificently apparrelled , as if hee had beene riding in triumph . There was a Village called little Bauge , through which the Duke was to come , where a few Frenchmen of the Daulphins side lay . These being terrified with the sudden coming of the English , got up into a steeple for safety and sanctuary : there while they make a halt , and assault the steeple , the cry riseth , and the noise of their approach was carried to the rest of the Army , whe presently ran and took armes . While they were arming themselves , Buchan and Wigton sent 30. Archers to keep a certain bridge , by which it behoved the enemy to passe over a brooke which ran in the way . These went as they were commanded , and as they were going Hugh Kennedie came out of a Church where he lay with an hundred men , but unarmed , or halfe armed , by reason of the great haste , and joyned with them : while they defended and made good the bridge , and kept off the horsemen with shot of arrowes , the Duke with the principall of his company alighted from their horse , and made such an onset upon them , that they were forced to leave the bridge and passage open for the enemy . Being past the bridge while the Duke mounteth again on horseback , and the rest of his folks are passing after him , Buchan and Wigton came upon him with two hundred horse , and enter there into a sharp conflict on both sides , both parties being ( most part ) Noble men , who were desirous of glory , and had a minde to give a proof of themselves with equal courage , and hatred . The Scots were glad to have occasion to show the French what they could doe ; and to confute their whisperings , and surmises , wherein they reproached them , as fit onely to consume victuals : and the English were moved with great indignation , that they should bee thus perpetually troubled by the Scots not onely at home , but also abrode beyond the sea in a forraine countrey . And none among the English fought with a greater courage and resolution , then the Duke himselfe : but Sir John Swinton espying him ( being easily knowne by his Coronet shining with pretious stones , and his glistering armor ) ran fiercely at him with a lance , and wounded him in the face : hee being hereby in a great fury , put forward his horse to have charged the enemy , but was encountred by the Earle of Buchan , who ran him through with a speare , and so slew him ; or ( as others ) felled him downe to the ground with a steell hammer . The rest seeing him fall , some fled , and many were slain in their flight , being pursued till the night came on . This battell was fought on Pasch Eve , in the yeare 1420. or ( as our Writers and the English ) 1421 , There were slain of the English 200. Nobles and Gentlemen : The Duke of Clarence , The Earle of Tankervill , The Lord Rosse , Sir Gilbert Wimfravill ( whom they call Earle of Angus ) John Lumlay , Sir Robert the Earle of Summerset , and his brother ( whose sister James the first did marry afterward ) Suffolk and Perch , the Lord Fitzwater , Sir John Barcklay , Sir Ralph Nevil , Sir Henry Englishes , Sir William Lanton , Sir Thomas Boroughes , were taken prisoners . There were but few slain of the Scots and French , and those meane and obscure men . This is the most common report of the Duke of Clarence his death : but the booke of Pustardan saith , that he was slain by Alexander Macklellane , a Knight in the Lennox , who also having taken the Coronet from off his head , sold it to John Stuart of Darnelay , for 1000. angels . This victory being obtained , most part by the vallour of the Scots , the Daulphin in recompense hereof made Buchan Constable of France , and morgaged the Dukedome of Turraine to Wigton , the revenue whereof at that time was vallued to 10000. crowns . The reversion of this Dutchy he gave afterward to the Earle Douglas his father , who was created absolute Duke of Turrain , and Lord of Longu-vill , and established the same to his heires male , as shall be shewed hereafter . The French Writers say also that he made Wigton Marshall of France . The King of England upon the death of his brother , came into France in May , or about the beginning of June ; and carried along with him the heire of the Crown of Scotland : ( afterwards King James the first ) thereby to divert the Scots from assisting the Daulphin , or to have made the Daulphin to suspect their fidelitie ; but none of those plots succeeded as he would have had them : for neither would they acknowledge him for their King being in anothers power : neither did the Daulphin conceive any sinister opinion or jealousie of them . Wherefore the same yeare ( or the next , to wit , one thousand foure hundreth and twentie one ) the Daulphin caused besiege the Towne of Cosme upon Loire . And Henry departed from Paris to have relieved it , but by the way hee was overtaken with sicknesse , and returned to Bois-devincins : yet he sent the Duke of Bedford with a puissant Army to succour it ; and the Scots and French finding themselves too weake to resist , rose and retired to a strength , where the rest of the Army had assembled with resolution to abide the enemies comming . While as the English were preparing to fight , newes were brought them of their Kings death , which made them to alter their purpose of giving battell . The King died about the last of August , one thousand foure hundred and twenty one , and his corps was carried into England , the two and twentieth of October . Not long after Charles King of France died also , which was the occasion that Buchan , and Wigton , with many of the Gentlemen that accompanied them , returned into Scotland . But it was not long ere the Daulphin had need of them , sent his Chancellour Rene de chartres , and the Archbishop of Rheines into Scotland to recall his Constable , but the Earle of Wigton was so vehemently sick that he could not possibly travell . Wherefore the Earle Douglas his father went in person himself , and being a Noble man greatly regarded far above any other Subject in Scotland : there went with him great store of young Gentlemen , some to doe him honour , some to bee participant of his fortunes , and most to bee trained under him in discipline of warre . So besides those that went over with Buchan and Wigton , in the yeare 1420. there went at this time with the Earle Douglas 10000. more , as saith Hollinshed . They landed at Rochell , and being to come to the Daulphin , were gladly welcomed and much made of , especially the Earle Douglas , of whom he had heard much by report , that hee was both valiant and skilfull in warre : And therefore he enstalled him in the Dutchie of Turrain , which he gave to him and his heires for ever ; having onely engaged it before to his sonne ( upon reversion ) and moreover made him Marshall of France . This hath been ( in all appearance ) in the yeare 1423. at most , yet we do not finde any memorable thing done by them , or against them , untill the battell of Vernoill , ( which if we reade our Histories ) one would think it had been fought immediately upon their landing , thought it be cleare , that it was not till after the death of King Henry the fifth , and in the second yeare of his sonnes reigne in the yeare of God 1424. The occasion whereof was this : The Earle of Bedford having besieged Ivery , the Daulphin to relieve it , sendeth the Army under the Conduct of the Duke of Turrain ( whom the French call Marshall Douglas ) of the Constable Buchans the Earle of Narbon and others . They not being able to force Bedfords camp , when they were come within two miles of him , returned towards Vernoill in Perch , which belonged to the King of England , and sent word to the Garrison there , that they had discomfited the English Army , and that Bedford with a small number had saved himself by flight . The Garrisons giving credit thereto did open the gates , and received them with the whole Army into the towne , where having left a part of their Army , they came and encamped in the fields neare the towne . Bedford having gotten Ivery by composition , or surrender , followeth them , and sent word to the Duke of Turrain by a Trumpet , that he would come and dine with him : The Duke bade him come , he should be very welcome , for all was ready . Neverthelesse , when the point came to consultation , his opinion was that they should not fight at that time , because hee thought it not fit to hazzard a battell , but in case of necessitie , and that they had no necessitie to fight at that time , in respect that they had Vernoill in their hands , and other two good townes besides , whereby they might bee plentifully furnished with provision , which the English could not have , and thereby would bee constrained to retire : But the Earle of Narbon was earnest to have them fight , and said the Nobility of France should not receive such a bravade from the enemies , and if none would fight , he would do it alone ; and so getting him hastily out of the Counsell , he began to put his men in order . The Duke of Turraine tooke such indignation hereat , that hee should offer to fight without his leave , that hee determined not to ●…ave stirred at all , and it was long before hee would suffer his men to goe forth : yet at last , thinking that it would reflect upon him if he should sit still , and see them overthrown in his sight , he armed and went forth also . But then there arose some strife for the vantguard betwixt them , which made things to be so confusedly handled , that the English got the victory , slew the Duke , Buchan , Sir Alexander Lindsay , Robert Stuart , and Sir John Swinton , with above 2000. others of all sorts . Hollinshed in his Chronicles of England saith , ( but upon what warrant wee know not ) that the Earle Buchan ( Constable ) was not slain , but lost an eye onely , and was taken prisoner : he reckoneth among the slain Sir Alexander Hume , whom our Writers doe not mention , yet it is true and knowne to them of that house : that Sir Alexander Hume of Douglas went thither in the Earle Douglas company , and was slain with him : for they tell how Sir Alexander being minded to send his brother David Hume of Wedderburn , went to accompany the Earle to his Ship , and when they were parting , Douglas embracing him kindly , said to him , would I have beleeved Sir Alexander that ever you and I could have been separated from one another : To whom hee replied , surely then my Lord , I shall not part ; and so taking his brother Davids apparrell and furniture , and sent David back : he went with him to take care for his house and children in his absence , or in case of his death : which he also did with such fidelity , and industry , after the death of his brother , that he greatly increased the estate , and purchased for a younger sonne of his brothers , called Thomas , the lands of Tiningham : and for another ( named James ) the lands of Spot : hee is said to have purchased Wedderburn for himself : but the truth is , he had it tenne yeares before , not by marriage , but by the gift of Archbald , Earle of Douglas , which must have beene the same Duke of Turrain , as the date of the evident doth clearly show , being of the yeare 1413. His sonne Archbald also entitling himself Earle of Wigton , and Lord of Longuevill , and Eskdale giveth to the same Sir Alexander Hume a bond of one thousand Nobles , dated at Bothwell the 9. of February 1424. whom it designeth Sir Alexander Hume of that Ilke , which I mention the rather to show what great freindship hath been between them . Here again I cannot passe by the sloath . and unattentivenesse of Writers sloath , ( Scottish and English ) who reckon amongst the slain , here a sonne of the Earle Douglas ( whom some call James ) and make him his second sonne , nay , some doe even make him his eldest sonne and heire , and call him Earle of Wigton . But those are all mistakings ; for the Earle of Wigton ( whose name was Archbald ) was left sick at home , and possessed the Earledome after his fathers death : Neither was it yet James his second sonne , who was Lord of Abercorn , and outlived his elder brother , and his children , that vvere put to death in the Castle of Edinburgh , to whom also he succeeded in the Earledom , as the same Writers themselves ( almost all of them ) confesse . Wherefore the Reader had need even to reade the best Writers vvith judgement and attention , seeing such escapes are incident ever to the most accurate , and carefull Historians . Touching this battell , this is the relation of it , by Duscrres in his inventarie whom I have chosen to follow , not because I thinke it the fullest or faithfullest narration ( for certainly the Frensh Writers speake slenderly enough of the actions of strangers , as may bee instanced in the battell of Baugue , and other exploits done by the Scots in France , which they passe in silence ) but because his testimony cannot be rejected by the French , and may well bee admitted by the English , as being indifferent for his person , and no wayes partiall in his penne , at least in setting forth this battell : but if we shall rely upon the writings or reports of our owne Countrey men . The losse of that field was caused for the envie and treachery of the Earle of Narban . We heard how Douglas , and he contested for the vantguard , each striving who should be first : Douglas being ready sooner then he , or being quicker in his march led on before him , and charged the enemy first : whereupon he abandoned them , and would not second them as he should have done . And so it came to passe that they being destitute of his help , and not being able to make head against such a multitude , were encompassed about by the English ( who saw their backs left bare ) and so overthrown , fighting valiantly , that they might die nobly . Some blame the Lombards ( who were in the Army assisting the French that were for the Da●…lphin ) but tell not , why , nor wherefore , or wherein . Others say that there were 400. of them all horsemen , who being commanded to breake the rankes of the English , either in the flank or in the reare , did what they were appointed to doe : and having broken through the English Army , vvent to their carriage to pill and spoil , vvithout prosecuting their charge anyfurther ▪ and so having got their prey , departed off the field , whereupon 2000. English Archers that were set to keep the carriage , and had now no more to doe ; entered into the battell , and being fresh and unwearied , made such an impression , that they did cast the ballance and gave the overthrow , whereas before they had fought for the space of three houres so doubtfully , that no eye could guesse , which way the victory would goe . Major also telleth us that there was some dissention between the Duke of Turraine , and Buchan , for precedency , but that is not likely : for although Buchan had the honour to bee Constable , and was the chiefe Commander , so long as hee had no other Colleague but Wigton ( his brother in lavv ) yet the Earle Douglas being an old experimented Commander , and it being ever his due to leade the the vantguard at home , and being even there , for his vvell knovvne vvorth and sufficiency made Duke and Marshall upon his first arrivall . It carrieth no appearance that the other vvould strive vvith him , especially seeing hee vvas his sonne in lavv ( for he had married his daughter ) and also the yonger souldier . And that the English did acknovvledge the Duke for Chi●…tane , it is evident : for Bedford sent the Trumpet to him , and hee returned ansvver : It vvas he that resolved they should not fight , and tooke it ill at Narbons hands , that he vvould not follovv his conclusion , and obey his direction : So as I cannot be persvvaded that their could , or vvould bee any difference betvveen them for that matter : And if there had beene any , they vvould have composed it , and agreed betvvixt themselves before that time , to have resisted the common enemy . However , they both died in the field : And the Earle of Narbon wanted not his reward of his either treachery , or headinesse and folly , for hee was taken and hanged as guilty of the death of the Duke of Burgundie . A notable example of the end of such as carry themselves after such a manner . Of those that escaped at this defeate , Charles the Daulphin ( afterwards King Charles the seventh ) erected a company to continue a guard to himselfe , and his successours for ever , of the Scottish Nation . For he was not contented to reward their Nobles and Leaders with honours and dignities , but thought himselfe also obliged to recompence even the inferiour sort , and to respect the whole Nation , whose valour and fidelity hee had found to deserve regarding : As also he saw their service would be steadable to him , and therefore in wisedome did thus obliege the whole Countrey , and ingage them to assist him in his warre with England . And so they did , as now , so often hereafter both within the Isle , and in France : neither could they ever bee diverted by any losse or dammage whatsoever . They did still cleave fast unto the French , untill they were fully freed from the English : sending over army after army , and Captain after Captain , without wearying or relenting , or the least shrinking : and even after this battell wee reade of divers that spent their lives in the Frenches quarrell against the English , and that within three yeares , ( notwithstanding this great losse ) who were men of quality , such as William Stuart and his brother , and two Douglasses who were predecessours of the houses of Drumlanrigge and Lochleven . There was also amongst those that escaped at this battell of Vernoill , one John Carmichell of the house of Carmichell , in Douglasdale ( who was Chaplain to the Duke of Turrain ) a valiant and learned man , who remained in France , and was for his worth and good parts made Bishop of Orleance : hee it was that during the siege thereof , did notably assist Jane D'arc , called the maiden of Orleance , The French History calleth him John de Saint Michael ( for Carmichell ) ●…vesque d' Orleance , escossois de nation . Hee is mentioned in the particular Story of that Maiden , and in the Annales , Ecclesiae Aurelianensis auctore Carolo Sanseye Aureliano . Wherefore in the principall Church in Orleance , called Saint Croix , there is Masse said for the soules of the Scots dayly that were slain there . But to return . The Duke of Turraine being thus slain , was buried in the Church of Tours , called Saint Gratians , the 20. of August , in the yeare 1424. whose coat of armes was to bee seen long agoe upon the gates of Tours . Hee was a man no where branded for any vice , and of unquestioned valour , for so much as belonged to his own person , equall to any that were before him . Neither can I see any evident fault in his conduct and leading . It is true Major taxeth him as unskilfull and unfit for matters of warre , though hee gives him a large commendation of courage , and personall valour . But he seemeth to have grounded his censure more upon the successe , then upon his actions , to which we will answer with the Poet , Careat successibus & quisquis ab eventu , &c. Or if that will not serve , we wil choke him with the French Proverb , Le clerc aux armes , he is not a fit judge of such things . But we have to do with a more judicious indeed , who glanceth at no lesse for speaking of his father Archbald the Grimme , he saith that Chivalry stood in him ; as though hee would have said , it fell also with him : which seemeth to prejudge this his sonne ( Tine-man ) if not in his valour ( which no man can call in question ) yet in his conduct , and leading , which is the chiefe propertie and qualitie of a Generall and Commander . Of which judgement questionlesse , the ground is the same , his hard successe in his interprises . And there is no reason that hee should be thought so of for it , if there be no other cause of evill successe . But if there may bee some other reason , and if many well guided Armies , and interprises have mis-carried ( which none will deeme , there is no necessity nor just cause why he should be double burthened , both with ill luck , and the blame of it , unlesse it be shewed where and how he erred , which neither hee , nor any other Historian doth . Wee must therefore absolve him as free from this imputation , seeing they do not make it to appeare , that hee was guilty of any errour , or oversight either at Homildon , Shrewsberry , or Vernoill . On the contrary , his warinesse and circumspection may sufficiently appeare to the attentive and judicious Reader . Let not then his praise be lessened , or his glory eclipsed by his crosse fortune , nor himselfe esteemed any whit inferiour to his Predecessours . Na●… hee deserveth to have so much more praise , as that his worth doth shine through the thick cloud of the frownings of fortune , whereas their glory is increased , and lustred with the beams of a prosperous issue in their exploits . Archibaldus Duglassius Dux Turronensis , & Johannes Stuartus , Buchaniae comes ad Vernolium coesi . Gallia vos titulis ; vos gallica regna trophaeis Auxistis , meritis utraque regna cluunt , Tertia si invideant , quid mirum ingentia damna Queis data , Saxonidum dum cecidere duces , Desine lingua procax verbis incessere Testis : Gallus adest , servat tot monumenta ducum , Et vos aeternum memorabit Gallia cives Grata suos , titulos quae dedit , & tumulos . Johan . Johnston Heroes . Archbald Douglas , Duke of Turraine , and John Stuart Earle of Buchan his son in law , Constable of France , killed at Vernoill . France gave you Titles , you it Trophies gave ; Both Kingdomes , mutuall obligation have : If the third envi'd it , their losse receiv'd Might well excuse them , being oft bereav'd Of their most ancient Leaders : no bold tongue By base detraction can have power to wrong Your merit , and the French will witnes beare , To whom your memory shall still be deare : Their gracefull Monuments the same expresse , As do the places you did there possesse . Archbaldus Dux Turonensis &c. Bis vi●…tus , captusque amisso milite ; caesus Denique cum sociis , Vernoliae occubui : Dura meis raro affulsit victoria signis : Nostra tamen nusquam sunt data terga fugae . Semper at ingentes haec dextra liquit acervos , Hostibus & semper maxima damna dedit . Hinc fortis , magnisque ducis 〈◊〉 urnant Me titulis ; nec non hostis & ipse colit . In me virtutem videas , verumque laborem : Fortunam proprio quis 〈◊〉 〈◊〉 ? Discite , ab eventu qui censes facta virosque Exemplo , non sic 〈◊〉 notanda , meo . Archbald Tine-man , Duke of Turraine . Twice with my Armies rout I lost the field ; Now with my friends , I am at Vernoil kill'd : My labours hardly met with victory , Yet did I never stay behinde , nor flie , But kill'd my foes on heaps : my valiant arme Did ever bring revenge , and equall harme . Hence was I honoured , as most fit to be A Leader , courted ev'n by th' enemy . In me you may the hight of worth behold ; But ah , who in his power can Fortune hold ? O! you , who from th' event your censures take , Disprove your selves , and me the instance make . Of Archbald the fourth of that Name , the foureteenth Lord , and fifth Earle of Douglas , he was the first Earle of Wigton , Lord of Bothwell , Galloway and Annandale , the second Duke of Turraine , Lord of Longe-ville , and Marshall of France . UNto Archbald Tine-man succeeded his eldest son Archbald he had to wife Mauld Lindsay , daughter to David Earle of Crawford : hee was married at Dundee with great solemnitie and pompe . This alliance hath been the occasion of Crawfords going with him into France ( as wee told before ) and the ground of that friendship that was betwixt Earle William ( slain at Stirlin ) and that Earle Crawford , whereof wee shall heare more of hereafter . It appeareth also , that there hath beene continuall friendship betwixt these houses from the first Earle Douglas time , who procured a pardon for Crawford who had slain John Lyon. His children were William , David , and a daughter named Beatrix . The time that he possessed the Earledome of Douglas , from his fathers death in the yeare 1424. untill the year 1439. is fifteen yeares ; all the time of King James the first , and about two yeares in the minority of King James the second . So that the estate of the Countrey may easily bee knowne , if wee call to minde what hath beene said of the death of King Robert the third , and of Robert the Governour , to whom his sonne Murdock did succeed in the government before the King came home out of England . This Murdock , when hee had governed , or rather misgoverned some three yeares , or foure , being provoked by an insolent fact of his eldest sonne Walter ( who to despight his father , had wrung off the necke of a Hawke which hee loved ) determined in revenge hereof to send and fetch home the King out of England , and to possesse him of his Kingdome . No other motive we reade of to induce him to this ; whether it bee because there were no other , or because they have not beene carefull to set downe the true cause , I know not . But if this were indeed , it is so memorable , that it deserveth not to bee passed over with a dry foot ( as wee say ) and without observation : For who can but wonder at so rare a fact betwixt a father and a son , as the like is not extant elsewhere in any Record or History , and hath not beene heard of , I thinke , since the world stood : That a man to spite his sonne should quite a Kingdome , whereof hee was possest , and saw no other appearance but to enjoy it still . I confesse there hath beene much unnaturall unkindenesse in the world , whereby they have procured the death and destruction of those , whose safetie they were tied by the bonds of nature to maintain : but that hath beene for their owne honour and dignity , to obtain the place , or continue in it , which men doe so much aspire unto : but that their unnaturall despight should reach so farre , as to undoe themselves , and to quite a Kingdome , for obtaining and retaining whereof , ambitious men turne the world upside downe , onely to satisfie a passionate humour , or malice conceived against their owne childe ; let him that can , parrellel it , and put this up in his note booke for a second instance at least . It was for love of his Cousin , for respect to equitie , out of duetie to God , and love of his Covntrey , which he saw hee himselfe could not , and his son would not govern rightly , and therefore thought fittest to resign it to him that both could and would doe it ; it was a good , sober , wise and worthy thought . But then our Writers doe him wrong , that never signifie that such was his minde , no not in the least word : and mention onely his owne anger , and the instigation of Coline Campbell a chiefe man in Argyle , who blew the coale out of a private spleene against Walter , who had done him some injury : but however it were , whether his spight moved him to do justice , or desire to do justice caused despight , he threatned to do it to his sonne , and performed what he threatned ; for he sent Ambassadours into England to have the King released , of which this Archbald was chief , about the time of his very first coming to the Earledome . He with his two Colleagues , William Hay Constable , and Henry Bishop of Aberdene , carried the matter so wisely , that they brought it to a conclusion , which was the more easily effected , because King James married a Lady of England without portion , which they thought would move him to forget any wrong he had received by their injust detention . The Ambassadors also condescended upon a ransome to be payed , though none were due from him , who never was lawfull prisoner . So at last hee was released , came home , and was crowned King the 22. of May 1424. We have heard hitherto the rise of the house of Douglas , and the continuall increasing thereof by their great deserts , with the approbation and applause of all men , with the good will and liking of their Princes for the space of many yeares : their Princes delighting to imploy them , and they endeavouring to serve their Princes , and their Countrie to the uttermost of their power , with a good harmony , and happy agreeing on all sides . Let us now bee contented from henceforth to find the world to bee the self still ; that is , rolling and tumbling by perpetuall vicissitudes , and changes : for though this house shall yet grow up , and to a higher pitch then ever , yet this concordance shall not continue so full , but shall beginne to have some jarring ▪ their Princes being jealous of them , they standing in feare of their Princes , sometimes in favour , sometimes out of favour ; sometimes imployed , and sometimes neglected : having mens affections sometimes towards them , sometimes averse from them , liking and disliking by turnes and fits . They also for their parts were now well-contented , then malecontented : now dealing in affaires , then withdrawing from all medling in State businesse , from whence did spring discords , imprisonments , banishments , slaughters : which things beginning in this mans time at his committing , strangenesse and discontents continued in the next , and proceeded in his sonnes time to his putting to death , and was transferred as hereditary to his successours , with many interchangings of smilings and frownings of fortune and Court , which at last ended in that fearefull catastrophe of the finall ruine of this flourishing family , in the yeare 1483. which troubles continued the space of 59. or 60. yeares , beginning at King James the firsts return into Scotland . For the very first yeare of his reigne , this Earle Douglas is committed to ward , but is soone released : and then within some few yeares , was committed again . For his first commitment , there is no cause thereof recorded , onely the time thereof doth furnish some matter of conjecture , together with other circumstances set downe . As for the time , it was when Duke Murdocke , and his sonnes ( Walter and Alexander ) and their Mother , and her Father , Duncane Stuart , Earle of Lennox , were committed . The circumstances are , that he was not alone , but with him twenty foure Earls and Barons were committed likewise , amongst whom there were some of the Kings owne speciall friends , and kindred : as William Earle of Angus , who was the Kings sisters sonne , and so Duke Murdokes Cousin . The Earle of Douglas was also allied with him : for Robert the Governours son , John Earle of Buchan had married Douglas sister ; and there had been cor-respondency , and friendship betwixt the Governour , and Archbald the Grimme , as also Archbald Tyne-man ( this Earles Father and Grandfather ) and Buchan and this Earle , had been fellowes in Armes together in France at Baugue : as also Buchan and Archbald Tyne-man were slain together at Vernoill . Likewise the Earle of March , who had been restored by Duke Murdocks Father , and had kept good friendship with him , and his sonne after his restitution : Robert Stuart of Roth-house , Stuart of Dundonald : John Stuart of Carden , being also of the name of Stuart , and all in some neernesse of blood to Murdock , as the King himselfe also was . The rest Hepburn of Hailes , Haye of Yester , Ramsay of Dalhousie , Haliburtoun of Dirleton , we finde to have beene dependers of the houses of Douglas and March ▪ and the rest also , Walter Ogilbe , Alexander Seiton , or Gordon , Haye Arroll , Scrimger Constable of Dundee , have beene friends and followers of the house of Douglas , as wee find they did assist and accompany them in diverse battells ; and have also perhaps had some friendship with the Duke or his Father in law , as commonly the Nobilitie are allied , and of kinne one to another . Who therefore ( thought they were willing , that their lawfull and rightfull Prince should enjoy his owne place ) would not agree so easily to the putting to death of those , whom the King was resolved to make out of the way . Now what it was that moved the King to this course , whether desire to be revenged of the cruelty of Robert the Governour ( their Father ) toward David D. of Rothsay his elder brother , or for his mis-demeanour and undutifusnesse towards his Father ( Robert the third ) or for his neglecting himself in his captivity , or for that he esteemed all that government ( of Robert and Murdock ) to be an usurpation of the Crowne , and feared the like hereafter , or even perhaps found such practisings to his prejudice , is uncertain . However being resolved to ridde himself of them , he thought it the safest way to make them fast , who hee beleeved would not be so well contented with it , as he desired . Hee did therefore commit them till he had tried their minds , and drawn them to his course , or at least taken order with them to sit quiet . And this was not long a doing : for we reade that the foresaid prisoners were all shortly releeved , and some of them also put upon the others quree ( or assise ) as Douglas , March , Angus , Arrole : But by what means he hath constrained them to be content , or what remonstrance or evidence hee hath given them , to let them see that those men were guilty of death , or what crime they died for , ( if any new conspiracy , or what else ) our Histories tell us not , which is a great defect in them : Major thinketh it likely that there was some conspiracy found against the King , otherwise they would never ( saith hee ) have condemned such men to death ( Princes of the blood as wee may call them ) and their owne especiall friends . And thus much of the Earle Douglas first committing , and the issue thereof . For the second Hollinshed and Boetius doe agree , that the K. arrest the Earle Douglas , and kept him long in prison ; till at last , by the mediation of the Queen and Prelats , he and the Earle of Rosse were released . Boetius calleth him Archbald Duke of Turraine plainly : but Hollinshed is pleased ( out of sume partiall humour as should seeme ) to suppresse the Title of Duke of Turrain , and this is all the difference betwixt them . It was some yeares after his first committing , but what yeare ? it is not condiscended upon . Some say , it was in the yeare 1431. but impertinently , for the yeare 1430. is the yeare of his releasing , except wee will thinke that hee hath been imprisoned thrice , which is not mentioned by any . And a little mention there is of the cause wherefore hee was warded , whereof Major complaineth saying , that our Annals tell not the cause of the Stuarts executions , and the incarcerating of the Earle Douglas , and John Lord of Kennedie , the Kings owne sister sonne ; for both were committed , Douglas in Logh-leeven , and Kennedy in Stirling ; for how shall it bee knowne whether it was done justly , or for matters of weight , or if for trifles onely , and for his owne pleasure . Others insinuate a cause , but doe but glance at it without setting it downe so clearely as to let men know , whether it were just or unjust , which is the light and life of History , and the right end and use thereof : for they say no more , but that they had spoken sinisterly or rashly , and somewhat more freely then became them , of the estate and government of the Countrey . What use can any man make of this generality ? rashnesse may be a fault , yet perhaps none at all in them , of whom it is spoken , they being Privie Counsellers . Likewise the phrase ( freelier than became ) is so generall , that the Reader remaineth unsatisfied : neither can posteriry ( either King or Subject ) judge of this fact , whether it were right or wrong , or whether the example were such as men ought to follow , or forbeare and avoid . It should have been expressely set downe what they spake , to whom , if to the King himselfe , or to others : In what sort , if by way of admonition , counselling , or advising , or if by forme of cavilling , detracting , murmuring , mutining , and such other circumstances , whereon the judgeing of it chiefly dependeth : In this uncertainty wee can hardly condemne or absolve , praise or censure them , In that the Lord Kennedy was of the same minde , and category with the Earle Douglas , apparently it hath not been spoken in malice , seeing the Kings nearest and his best friends ( such as these Kennedies were ) having approved thereof . And that Noblemen must not speake their opinion freely of things to the King , or if the King ( being without malice ) is very hard : for how shall a King know , that will not heare ? hee cannot know all by himself : And how shall he heare , if Noblemen have not leave to speake freely : he cannot heare all by himself . Such carriage as this hath often done Princes ill , and it may bee , hath done this same Prince no good . And what ever it was , that displeased the Earle Douglas in the government was either for the Countreyes sake , or the Kings owne sake , or for both : why might not the King thinke there might be errours ? And why might hee not then have heard them ? To have proceeded so vehemently ( for their hath been great ve●…emency in it ) to have cut off his owne kinsmen , and leave none but himself for the Earle of Athole to aim at : it was most important , and worthy to be considered of , whether or not it were best for him ( in policie ) to do . Doubtlesse his doing of it hath emboldned Athole to cut off the King himselfe , when all the rest were cut off first by the King. And was it nothing to lose the Nobility , to alienate their hearts ? to irritate them by imprisonments , forfeitures ? hath it not done ill thinke you , and encouraged him to goe on in his intended treason ? looking for the favour of the offended Nobility , or for neutrality , and slacknesse to revenge the Kings death . We see the King himselfe retreateth his taxations once or twice , when he saw the people grieved therewith . And wisely , in that hee ●…as carefull to keep the hearts of the people . But was there no care to bee taken for keeping the Nobility also ungrieved ? was it enough that they would not , or durst not ( perhaps ) or could not openly rebell ? was it not something to want their affections ? to want the edge , and earnestnesse thereof ? to relent them , to coole them ? Certainly such proceedings as these have encouraged his enemies in hope of impunitie ( greater then they found ) yet in hope of it to go on with their designes , and hath furthered and hastned that dolorous conclusion which ensued . What ever the cause were , he acknowledgeth the Earle Douglas mind not to have been of the worst sort , in that he releaseth him , and in token of a full reconcilement , makes him a witnesse to the Baptisme of his two sonnes ( twinnes ) which was in those dayes no small honour and signification of good will , and a pledge of intimate friendship . He made also his sonne William ( though but a childe of five yeares of age ) the first knight of fiftie , who were dubbed at that solemnity , as the Manuscript affirmeth . By which actions , as he honoured Douglas , so did he withall honour himself in the eyes of the people , and of forrainers , gracing his Court , and that so solemne action by the presence of such a Peere , farre more then if he had been onely accompanied by Creighton and Levingston and such new men ( who were but new and mean in regard of him ) as then but growing under the Kings favour . And so it is indeed , the Prince honoureth his worthy Nobles by his favours to them , and they grace , adorn , and decore , and give a lustre and splendour to him , and his Court , by their presence , and attendance thereat . And it is wisedome so to esteem , and so to use them ; and happy are they on both sides , and happy is the Countrey where they thus agree and concurre . This was he in the yeare 1430. in October , released out of prison , and this solemnity being ended , hee past into France , and was installed in his Dutchie of Turrain : whether he went thither for that onely , or if hee used that fairest colour of his absence , that he might not see the government , which hee disliked , and in which hee had no employment , I leave it : yet his going thither gave others occasion to grow great , and to be employed ; especially the house of Angus , which was at last the overthrow of his house . So as the honour and profit they had in France , may have been said to have beene their wrack in Scotland : what by the envie of their greatnesse , what by their absence from home , as hath beene said . So uncertain are the affaires of the world ! neither is there extant any mention of his actions in France , though at that time ( from 1430. till 1437. ) the warres were very hot there , King Henry the sixth of England being brought over in person , and crowned in Paris . It is attributed to the Earle Douglas , that he moved the King of France to require King James his daughter ( Margaret ) in marriage to his sonne ( asterward Lewis the eleventh ) and that he met her when she landed at Rochel , and was present at her marriage . He remaineth there untill the yeare 1437. in which , the 21. of February , King James was slaine at the Black friers in Saint Johnstoun by Patrick Grahame , and Robert Stuart , at the instigation of Walter Stuart Earle of Athole , the Kings fathers brother by the Earle of Rosses daughter , who pretended to be the rightfull heire to the Crowne ; and that he was wronged , and defrauded by the sonne of Elizabeth Moore , who was onely a Concubine , as he alledged . This posterity of Elizabeth Moore he had craftily caused to destroy one another ; the Governour Robert to destroy David Duke of Rothsay , and now King James ( Davids brother to destroy the house of the Governour D. 〈◊〉 , and his children . And thus causing the King to spoile and weaken himselfe by cutting off his friends , none being left alive but the King and his onely sonne ( a childe of six yeares ) he was emboldened to put hands in the King also ; so much the rather , because he knew that many of the Nobility were discontented , what with being imprisoned , what with being endamaged in their goods , lands , and rents ; what with putting to death o●… their friends . So that he hoped that they would be wel contented with the Kings death , at least they would not take great care or paines to be revenged therof : which things if the Earl Douglas foresaw , and being grieved therewith , admonished the King thereof , or caused any other to warne him that these courses were not for his good ; this event sheweth he did the part of a faithfull Subject , Friend , and Counsellour . However , it was not so well taken by the King at that time , as being contrary to his humour , and present disposition . He did wisely also to withdraw himselfe , seeing he could not help things , as he would have gladly done . Now that the King was dead , he returns home , and was present ( as some think ) at the Coronation of his sonne James the second , who was crowned at Edinburgh the tenth of March 1437. not a moneth ( or no more then a moneth ) after the death of his father : where it is to be observed , that either the death of the King is not rightly said to be in the yeare 1437. in February , in stead of 1436. or else they reckon the yeare from the first of January , which was not the custome then . And yet Buchanan meanes so , for he layes he was slaine in the beginning of the yeare 1437. in February , which makes me think the Earle Douglas hath not come in time to the Coronation , seeing he could hardly have used such diligence to have had notice of the Kings death , made himselfe readie , and come home out of France in so short a space , though the winde had favoured him never so much . However , through his absence , his adverse partie and faction had gotten such possession of guiding State affaires in the late Kings time , and had so handled the matter , that he was no whit regarded , nor was there any account made of him . He was not admitted to the managing of any businesse of the Common-wealth , or any publick place or Office therein . Creighton and Levingston ( the one made Protectour or Governour , the other Chancellour ) did all according to their pleasure . Our Writers say that the reason hereof was , because the Nobility envied the greatnesse of Douglas , which was suspected , and too much even for Kings . How pertinently either they write so , or the Parliament thought so , I referre it to be judged by the indifferent . He was farre from the Crowne , to which he never pretended title ; his predecessours had quit all pretension , title , claime , or interest thereto , in the time of K. Robert the second he that did claime it , and gave over , and all his posterity after him had ever behaved themselves modestly , they had submitted themselves to all government , even to be ruled by them who were but Governours onely , and not Kings ( Robert and Murdock ) as obediently in every thing as any of the meanest of the Nobility , and had never given occasion of any suspition to any man , nor taken upon them any thing beyond or above the rest , unlesse it were they tooke greater paines in defence of the libertie of the Countrey , in which they spent their lives under their Kings . And this same man in the late Kings time had behaved himselfe most humbly , going to prison once or twice , and obeying his Soveraign in all things , without the least show of discontentednesse , farre lesse of opposition . So that whatever hard opinion either the King had taken of him , or any man had put into the Kings head , hath beene without his deserving ; who if he had beene that way disposed , how easily might he have troubled the Governour , and the whole Countrey ? But suppose they did suspect , and were jealous of his greatnesse ( though without a cause ) what moved them to neglect and passe by the rest of the ancient Nobilitie ? was there none of them fit for those places ? where was the Earle of March , a valiant man , and of an ancient stocke ? Where was the Earle of Angus , the Earle of Cassils , and divers others ? They will say that Creighton and Levingston were wise men . But were they the onely wise men ? were there no more wise men in the Countrey ? Then if they were wise , were they good also ? were they just ? were they sober , modest , and moderate ? For without these vertues their wisedome was not good , but dangerous , and even ill ; chiefly when it is joyned with power , and is in authoritie . And I pray you what hath their wisedome beene ? or wherein did they shew under to the late King ? They tell not , and I beleeve it , if it be tried , it shall be found that which made him to have so short a life , that gave occasion to his enemies to take courage against him ; even their seeking of their own particular advancement , with offence , and vexing of the Nobilitie , without regarding the Kings good , or the good of the Countrey And it must needs be so , if it were the same wisedome they show now after the Kings death . Therefore if we shall speake in right termes of that matter , we shall say that Alexander Levingston , and William Creighton , both small Barons onely , and not of the ancient bloud of the Nobilitie ; new men bent to seeke their owne profit onely , without regard to any other duty , had mis-governed the State , and gotten the guiding of the late King , and drawn such a faction , that Douglas being absent in France , they had gotten all into their hands ; Levingston being made Governour , and Creighton Chancellour , who is the first Chancellour that wee reade of in our Chronicles . The Earle Douglas tooke such indignation at this , esteeming it disgracefull to the whole Nobility , and more especially to himselfe , that finding he could not bow his heart to acknowledge such men , and yet not willing to oppose or impugne them who were cloathed with authority ( which would move warre and trouble in the Countrey ) he chose , as the calmest and best course , to withdraw himselfe , and not to meddle with any publick businesse , or to take any care or share in ruling the Countrey , which he left to them to whom it was committed , and to such as had taken it upon them : with this resolution he returned home to his owne house , without further troubling of them . But that he might keepe them from infringing his liberties , and priviledges granted to the house of Douglas of old by former Kings for their good services , hee commanded such as were his to containe themselves within his regalitie , to answer to his courts , and to no other ; professing plainly that he would keepe his priviledges , and that if any man should usurp or encroach upon them , he should be made sensible of his errour . This was a bit cast into the teeth of the new Governours , and did curb them very short on the south side of Forth , he having large lands and lordships in those parts . And here their foolishnesse was quickly seene , in that they would take upon them such authority , and the unadvisednesse of those who had given it them who were not able to execute it , but by the permission of another . Hereupon also fell out great inconveniences , for the men of Annandale ( accustomed to theft and robbery ) seeing the Earle Douglas discontented , and retired ( who was the onely man they stood in awe of , and was onely able to restraine them ) they began to slight and contemne the authority of these Governours , and to molest and vexe their neighbouring Shires with driving away preyes and bootie by open force and violence , as if it had beene from the enemie . This the Governours not being able to represse , the evill increased daily , as a canker , so that it overspred the whole region ( almost ) on that side of Forth . In the mean while these jolly Governours were so carefull of the common good of the Countrey , and the charge committed to them , that in stead of thinking how to pacifie and restraine those Annandians , they fall at variance each with other , sending out contrary Edicts and Proclamations : The Governour commanding that none should acknowledge the Chancellour , and the Chancellour that none should obey the Governor ; so that when any came to the one to lament his estate , and seeke redresse ; he was used by the other as an enemie , and both pretended the Kings authority . For the Chancellour had the King in his custodie in the Castle of Edinburgh , and the Governour had the name of authority , and was in Stirling with the Queene mother : at last she under colour to visit her sonne , found meanes to convey him out of the Castle in a Chest to Stirling . And now the Governour having gotten the Kings person to countenance and strengthen his authority , went with an Army to besiege the Castle of Edinburgh where the Chancellour was . The Chancellour to make himselfe a party , sendeth to the Earle Douglas , offers to come in his will , desireth his protection , remonstrates to him the cruelty , avarice , and ambition of the Governour , telling him that he was deceived , if he thought they would goe no further then to seeke to extinguish him , and that he would make him but a step to overthrow the Nobility , and him with the first . Douglas returned answer , That the Governour and Chancellour were both alike false , covetous , and ambitious , that their contentions were not of vert●…e , or for the good of their Countrey , but onely for their owne particular quarrells , and private commodity , in which contention there was no great matter which of them overcame , and if both should perish , the Countrey were the better ▪ neither could there be a more pleasant sight for all honest men , then to see such a couple of Fencers yoked together . This answer was so true : that none can or doth contradict it . Their falsehood he hath known , and that is it which men call wisedome in them by a faire name . It showeth it self in their dealing with this Earles sonne , and appeares also in their carriage one towards another , each striving who should deceive the other . Their factiousnesse likewise , ever when they durst for feare of a third , and that their contentions were but for particulars grounded upon ambition and avarice , without any care of the common wealth , the world saw it then , and it may be seen as yet . And therefore it is most true that the Countrey had been better if it had been ridde of such ambitious and avaritious Governours , seeking nothing but themselves ; and that it was not for any honest man to embroil himself in their so dishonest debates , but a pleasant show and spectacle indeed , and to be desired to see each of them ( though unjustly ) yet to doe justice upon the other . It was a free speech also , no man can deny . But they say it was not wisely spoken , for it made the two parties agree to his prejudice , and procured to him the hatred of both , at least increased their hatred : for no doubt they hated him before , and now hee might have divided them by joyning with the Chancellour . To this we answer , that seeing the Chancellour hated him , he would have done nothing , but served himselfe of him for his owne particular : either to have overthrovvne the Governour , that hee might have had all the prey and benefit alone ; or perhaps made use of his helpe to agree vvith him on better termes , and easier conditions , as vvee see they did agree at last . It vvas for no common good of the Countrey , no nor for any good vvill to the Earle : vvhat could he doe then ? vvhy should hee have meddled vvith them ? they say to have met vvith him in his ovvne craft , and to have used the one of them to overthrovv the other , that so both might have been overturned . Will men never leave these things ? such false tricks , such bastard and spurious vvisedome ? and shall vve not thinke there is another vvay besides it ? there is a true honest vvisedome , that honest men may keepe vvithout fashood , or any point , or tincture thereof , vvithout deceiving any , even the deceivers . What other ansvver did his request deserve ? vvas it not fit that such crafty companions , vvho had abused the Countrey , should heare the naked truth out of a Noblemans mouth ? Should such a Nobleman have glosed with such as they were , flattered and dissembled , and strooke cream in their mouth ? Nay , it is a part of punishment to wickednesse , even to heare the owne name given to it : And it is very fit it should have it . So that his answer cannot be justly taxed , but commended as true , just , magnanimous , and such as became his place , house and birth , without fraud or dissimulation , calling ( as the Macedonian did ) a spade , a spade ; vice by the owne name : which as he did here , so perhaps had hee done before , when hee spake of the government in the late Kings time , whereby it would appeare that such was his naturall disposition , far from all frivolous flattery , or dissimulation , either toward King or others . Indeed now these are crept in , and accounted wisedome , to the prejudice of the ancient true generositie of these great spirits , farre better , and farre more worthy to bee adorned with the full and due praise , then to bee obliquely taxed and nipped by halfe words , as not being wisely and profitably enough spoken , when there can be no just blame laid upon them . Neither ought it to be thought unprofitably said , or dangerously , seeing ( out of all question ) the same courage and magnanimity that moved him to speake the truth , made him also now to despise their persons , contemne their spleen , and slightly account of any power they had to doe him any harme , for all their joyning together . Neither is there any appearance , but that hee did it out of a right weighing of his owne and their power , and not out of any arrogancie , or idle confidence . And certainly , any indifferent man can thinke no lesse , and that they durst not attempt any thing against him or his successour after him , but after a most treacherous manner as ever any was since the world stood . So that there was not any want of wisedome in this speech , nor in this same point of profit or harme . His death followed not long after in the yeare 1438. at Rastalrigge , of a burning feaver : very opportunely & in a good time ( say our Writers ) and so it was indeed for them , and such as they were , who had now better opportunity to prey upon the Common-wealth , and spoil and use it for their best advantage . But it was unseasonably for the house of Douglas , which was left in the hands of a youth without experience ; and therefore uncircumspect , yea untimely for the Nobility , who became a prey to the avarice , and ambition of these two , and untimely for the Countrey , in that these two were now left free from the feare of him they stood most in awe of , and who might most have repressed their attempts , and bridled their appetites . This thing onely I can account worthy of reproofe in him , that he suffered Annandale to overcome the adjacent Countreyes , and did not hinder them from wronging the innocent people : hee should not have thought that it did not belong to him to hinder them , because he was no Magistrate . This if he had done , and kept justice within himself , it would have gotten him both favour and honour , and might have brought contempt upon the Governours , that could not keep peace in a more tractable and peaceable Countrey , nor amongst themselves : for how excellent a thing is it by good means to seeke honour . It would have taken away the occasion of the Calumnies of his enemies , who yet did much worse themselves : he was otherwise a valiant wise man , a lover of his Countrey , and of a free , plain , good and generous nature ; his generous disposition appeareth in his brave demeanour towards the Lord Kennedie . There being something wherein the Lord Kennedie had wronged and offended him , he conceived such high indignation thereat , that hee published his desire of revenge to be such , that whosoever would bring the Lord Kennedies head , should have the lands of Stuarton . This offer proceeded from so powerfull a man , and knowne to bee a man that would keepe his promise , the Lord Kennedie hearing of it , ( fearing hee could hardly long escape his hands ) resolved by way of prevention to be himselfe the presenter of his owne head unto him , and accordingly ( keeping his owne intention close to himselfe ) hee came privately to Wigton , where finding the Earle Douglas at his devotion in Saint Ninians Church ( a place famous in those dayes for the frequent resort of Pilgrimes thither ) immediately after divine Service , offered his head to the Earle , as one who had deserved the promised reward , and did crave it . The Earle seeing the resolution and confident assurance of the man , who had put himselfe in his power and mercy , forgave him all former faults , made him his friend , and withall gave him the reward he had promised , disponing to him and his heires the lands of Stuarton , which his successiours ( the Earles of Cassils ) doe peaceably enjoy to this day . He was buried in the Church of Douglas , called Saint Brides Church , with this inscription . Hic jacet Dominus Archbaldus Douglas , Dux Turoniae , comes de Douglas , & Longe-ville : Dominus Gallovidiae , & Wigton , & Annandiae , Locum tenens Regis Scotiae . Obiit 26. die Mensis Junii , Anno Domini millesimo quadringentisimo tricesimo octavo . Of William slain in Edinburgh Castle , the sixth William , the sixth Earle of Douglas , and third Duke of Turrain , &c. UNto Archbald Earle of Wigton , succeeded his sonne William , a youth of no great age , of an high spirit , and of a sweet , tractable , and meeke disposition . And therefore we cannot but detest and execrate the wickednesse , and treachery of his enemies , who did so unworthily cut off such a sprig in the very budding ; from whose blossomes none could but have expected passing good fruit , to the great good of the common-wealth , and Kingdome , if malice and envie had suffered it to come to maturity . Let us notwithstanding rest contented with his change begunne in his father by warding , and displacing from the roome of his Predecessours , from mannaging of affaires in the Kingdome , prosecuted against him in his life time , and now followed forth against his son . This vicissitude which befell this house , is to be found and seen in all humane affaires , and doth overturne all due and right order in the world , as farre as men can judge : for innocency is often overthrowne by cruelty ; honesty and uprightnesse of heart by craft , falshood and treachery : and yet let us reverence the Soveraigne cause , and Over-ruler of all things , who in this disorder directeth all things certainly by a great wisedome , and with good order doubtlesse , things unsearchable by man. But as nothing hath ever been so enormous , which may not receive some colour , either of vertue to make it seem good , or at least of some extenuation to make it seem not so ill , as it is : So this fact amongst others I perceive to bee of the same kinde : by some thought to be good ( but very ignorantly , or maliciously ) by some excusable , both in form and in fact , by a necessity , or pretext of the common good ; by all that have written , more slenderly handled , and doubtingly , then ought to be . For they leave it almost uncertain what ought to be judged of it , whether it be good or ill : so that sometimes you would thinke they condemne it , sometimes they allow of it , and none of them deals with it so fully , as reason would they should doe for the information of posterity , and according to the right law of an History : but as men do with nettles which they would gripe , they are affraid to handle them heartily and hardly . Now that this so instant a fact may the better appeare in the owne colours , I will labour to wash away the painting and plaister wherewith the Authours would so fain ( but falsely ) overlay it ; or wherewith mens judgements ( whereof many are but halfe wise , and perceive but the half of matters ; not plumming and sounding the depth and ground of things so well as were needfull ) may be deceived by others , or may fancy to themselves for excusing of it , that we may learne to detest and abhorre so detestable and horrible facts with a true detestation and abhorring in earnest and effect , that Pos●…erity may know and condemne , and avoid the like practices . And for this purpose , before wee come to the narration of the fact it selfe , we will speake something of the Authours thereof , Levings●…on , and Creighton , and their actions in the last Earle Douglas time . We heard before ( and wee must not forget it ) how well these men guided the Countrey , what care they tooke of the Common-wealth ; or to say better , how little care they tooke of it : how they cared for nothing save their owne particular ; under colour of the Common-wealth : each striving to disgrace other by their private speeches , and open Proclamations : so greedy and ambitious they were , that howbeit they had all the Co●…trey between them , yet it could not satisfie , or content them : they could not so much as agree between themselves , to divide the spoil , and part the booty peaceably and quietly , which theeves and robbers , and Pirats are wont to doe without discord or injustice . But they had not so much modesty , but fell at variance ; spoyling , fighting and besieging one another , till remembring themselves that a third might come and take the bone from both , they were so wise as to agree for feare of him I meane the Earle Douglas : and that they did so , more in that regard , then for any good to their Countrey or love they bore one to another , it soone appeared after his death : for incontinent thereupon they returned to their old byas , and the agreeance that was made for feare of him , lasted no longer then he lived : wherefore Levingston being Governour , and having the King also in his custody , being freed from the feare of the Earle Douglas , respected the Chancellour Creighton no longer , but began to despise him , and though now there was no band to binde him any longer to him , hee would give him no share of his bootie and spoil of the Countrey , but would needs keep all to himself . This was his ambition , or avarice , or both ; for ambition would be alone in all , and likes of no equall , no fellowship , no copartner . And avarice might also have moved him to this , for guiding all , he might take all : and if hee made the other partaker of the guiding , he behoved to make him partaker of the gain : and therefore hee would none of his assistance in the government . But let us see now how well he governed , hee imprisoneth the Nobles at his pleasure , upon light grounds of suspition onely , yea he casteth them into fetters . The third of August 1439. he warded the Lord Lorne and his brother Sir James Stuart , who had married the Queene Mother , upon suspition onely for their dealing with the Earle Douglas , and did commit the Queen her selfe to bee kept in a close chamber in Stirling Castle , of which hee himselfe was Captain : so that she could not get her selfe released , untill there was kept a Convention of the Lords , then by the intercession of the Chancellour and some others , she was dismissed , having given Sir Alexander Gourdon ( alias Seton ) who was the first Earle of Huntly , surety and cautioner for her , that she should pay 4000. markes to the Governour . This was his iniquity , yea tyranny , and barbarous abusing of Noblemen , and yet he gave remissions , and pardoned men guilty of great crimes , or passed them over by conniving . The Chancellour therefore ( who thought hee should have his share of the booty ) seeing his life thus debouted by the Governour , and not being able to help it , nor to have patience , and sit quiet , it being more then he could digest or beare with , retired him from Court to Edinburgh Castle , there to bee safe in his Fort , and lie in wait for the first opportunity that hee could finde to supplant Levingston . Neither was he slow in coping of him : for before the yeare was ended , hee tooke occasion of the Governours going to Perth , and knowing by intelligence the time and place of the Kings hunting in the fields about Stirling , thither hee rides , and bringeth him away to Edinburgh Castle . By this means the dice are changed , he had now gotten the durke ( as our Proverb goes ) he will divide the prey over again , he will have his large share of all , and direct all now , as Levingston had done before . The other finding himselfe in this strait , might lament his case , but could not helpe himselfe : necessity hath no law . The Chancellour had yeelded to him before , when he ( or the Queene for him ) stole away the King. Now he hath gotten a meeting , he must yeeld to him again , and so he doth : Bowes his bonie heart , goes to Edinburgh , gets mediatours , brings on a meeting , and finally agrees by the mediation of Henry Lighton , Bishop of Aberdene , and John Innesse , Bishop of Murray . But if you would see the right face of a stage play , deceivers , deceaving , dissembling , and putting a faire outside on their foule falshood , and proceedings ; reade me there harangues on both sides , that you may either laugh or disdain them . I cannot take leasure to set them downe at length ( as they are to bee found in our Histories ) but in a word , you shall finde nothing but pretexts of the Common-wealth , of the Publike peace , the good of the King , and the well being of all honest men , which is all joyned , and depends upon them , and their well being forsooth . That hath been still their scope , that hath beene the aime of all their intentions , no particular , no ambition , no avarice ; onely love of those things which were common and profitable unto all ▪ and because in them all did lie and subsist , in their standing honest men did stand , and by their ruine honest men did fall ; nay , the King and Countrey were ruined . For this cause and for no other , that the Countrey might bee well , that wickednesse may bee bridled , they forgive one another , avouching that their discords arose onely from diversitie of opinion , and judgement ; while as both seeking the common good , one thought one forme the best for it , and the other another form to bee best for it , and the other another forme ; which if it were true , let what hath been said above beare witnesse . It would make a man to loath speaking vertuously , to see vertue by them so farre abused ; yet the old Proverb might have warned them : ( Oportet mendacem esse memorem ) and sometimes a liar will speake truth is verified in them . They confesse their ambition , and striving for honour and preheminence , they are ashamed to say for goods and riches , but it was no lesse true , and both were alike faulty , and they exhort one another , and promise to amend thereafter by a better strife , who should be most moderate and just . But they were as true in keeping that promise as they were in their discourse what was past . When the Foxe preacheth , take heed of the hens ( saith the Proverb : ) we shall see notable moderation and justice , such , as the world hath scarce seen the like example of treacherous tyranny . This is the sum of these jolly men harangues . The conclusion is a new friendship ( if falshood be friendship ) or rather a conspiracy against the Countrey , and directly against the Noblemen , who ( their conscience telleth them ) hate them as new men , lifted up to the highest degree ( as they grant themselves ) and that was reproach enough to the Nobility , and an argument of their unworthinesse . But they might have said as truely , that they were hated for abusing the King and Countrey for their private advantage , under pretext of the common wealth , which whether the whole Nobility resented or not , we cannot tell ; for there is no mention , and it is a wonder if they did not , yet it would seem they did not : they had stouped and taken on an unworthy yoake of slavery . But what ever the rest did , there was one that was a sorethorne in their foot , and moate in their eye , it behoved to be pluckt out . The Earle of Douglas was of the old spirit , of the ancient Nobilitie : he could not serve , nor obey but whom he ought , and the lawfull commanders , lawfully commanding for his honour and utility , whereof they were neither . Such a spirit is unsufferable , under these new conspiring Tyrants : he will not acknowledge their authority , his father had told them their holy dayes name , himselfe tooke them for his enemies . But how shall they doe with him ? hee is not easily to bee dealt with ; they must have muffles that would catch such a cat . Indeed he behaved himselfe as one that thought he would not be in their danger , hee entertained a great family , he rode ever well accompanied when he came in publike , 1000. or 2000. horse , were his ordinary train . He had great friendship , and dependance of old , he had been carefull to keep them ; and had also increased them , and conciliated many new followers and clients by his beneficence and liberality , and his magnificence , which was answerable to his place , suitable for an Earle of Douglas , and Duke of Turrain ; which Dutchie he had obtained himself to be invested in , as heire to his father : having sent Malcolme Lord Fleming , and Sir John Lawder of Basse , ( or Haton as others say ) into France for that purpose ; and was well accepted of in remembrance of his father : and grandfather , he had all his affairs in singular good order : he had his ordinary Councell , and Counsellours for guiding his affaires : he dubbed Knights also , as he thought men worthy ; which power and priviledge he did not usurp out of pride , nor take upon him by imitation to counterfeit Kings ( as some would insinuate ) but by vertue of both his dignities of Duke and Earle . And although he were but fourteen yeares of age at his fathers death ( in the yeare 1438. or 39. ) and was put to death in the yeare 1440. not having attained to fifteen or sixteen , or little above at the farthest , yet in this his port and behaviour , did not onely appeare the sparks of a great spirit , but also of such wisedome and providence as could scarce bee looked for from so young a man. This galled them so much the more to thinke if that fruit should come to ripenesse at any time , how poysonable , or rather , how great a counterpoyson it would prove to their greatnesse . But here the skinne of the Lion would not serve their turne ( he was too hard for them to deale with by force ) they doe there sow that on that of the Fox . The occasion fell out thus : During the time of the jarres betwixt themselves , the common affaires were neglected between stooles , and partly because they could not ( being but meane men of small power ) partly because they cared not to prevent , or to amend things , many insolencies were committed without redresse . The men of the Isles had come into the main land , had put all to fire and sword , men , women and children , young and old , farre and wide , omitting no kinde of example of avarice and cruelty : and that not onely on the Sea coast , but in the Lennox also : out of the Isle of Loch-lomond ( called Inch-mertin ) they had made an appointment with a Gentleman , named John Calhoon ( Laird of Lusse ) as if it had beento end some businesse and slain him ( the 23. of September ) with many such things , and many fowle facts had beene done in divers parts of the Countrey . Likewise Sir Allane Stuart of Darnelay was slain at Paselay , by Sir Thomas Boide ; and again , Sir Thomas Boide was slain by Alexander Stuart of Belmot ( brother to the foresaid Sir Allane ) and his sonnes , through which there arose great troubles in the west parts of the Countrey and Kingdome . The Borderers had not been idle , who living under the Earle Douglas , and being his followers , or retainers , what they did was interpreted to be done by his allowance . And at a Convention in Edinburgh many complaints were given in against him , but never a word spoken of the taxe of Isles men : never a word of Levingstons and Creightons own doings , who had warred one upon another , not a word of any other slaughter or bloudshed , but as though nothing were amisse in the Countrey , but what was done by the Earle Douglas dependers ; they onely were complained of . Whether the cause was in his enemies , and that this proceeded from them , or was done by their instigations , our Histories tell not , neither can we affirme it : yet it is strange , that there being so many more , and more enormous faults ( for the Isle-mens were more hainous ) none should bee taken notice of but his mens . Theirs are exaggerated , multiplied , and made odious ; and the envie thereof derived upon the Earle , as Authour of all : hereupon Sir Alexander Levingston , ( carrying malice in his heart , but dissembling it for a time , with a false deceitfull minde ) perswaded the rest , that the Earle Douglas was rather a man to be dealt with by fair means , then to be irritated by suspicions : As one who had such power , that if he should oppose himself , he might frustrate all their conclusions & decrees . Wherefore he procured a letter to be written to him in an honorable manner in all their names , intreating him , that being mindful of his place , mindful of his Progenitours , whose good deeds and deservings , most ample and notable towards his Countrey of Scotland , were still extant , he would come to the Convention of the States , which could not be conveniently kept without him , & his friends . If he had taken offence at any thing , they would satisfie him so far as was possible . If there were any oversight committed by him , or any of his friends , they would remit it , and would forgive many things to his most noble house which had done so many good offices , and so much good service to his Countrey . They would impute many things to the times , and consider his youth , and the great hope and expectation they had of him That hee should come therefore , and take what part of the affairs of the common-wealth he best pleased , and as his Ancestours had often delivered the Realme from dangers of warres by their armes and victories , so that he would be pleased now by his presence to raise it , and establish it almost sunk , & overthrown with intestine discords . This letter as it was honest in words , and very right , carrying that right course that should have been used towards him , and the duety that all these reasons contained , craved to have beene done to him , if it had been in sincerity : so being in falsehood , and with a treacherous intention , used onely to entrap him , makes their ditty the clearer : for he ( out of the honesty of his owne heart ) interpreting their meaning to be according to their words , and being of no ill disposition , but of a sweet and tractable nature , desirous of glory by good means , that so hee might have followed the footsteps of his Predecessours in all good offices to his Countrey , not having so great malice in his minde , and therefore not thinking any could have so great in theirs against him , as to seeke his life , ( for there had been no such occasion , their contentions with his father had not come to that hight and degree , but had been contained within the bounds of words onely ) and therefore not imagining that so great villany could have been harboured in their hearts , he willingly embraces the occasion of making peace in the Country , & that he might contribute thereto his best endeavours , taketh his journey for Edinburgh . His friends are reported to have furthered him in this resolution , in hope of their owne particular imployments and preferment , which ( say they ) blinded their eyes that they saw not the danger . But truely I cannot see how they could have seen any perill , unlesse wee will say that they might have knowne that the Governour and Chancellour were treacherous men , and had given some proofe of as great disloyalty before , which is not mentioned any where that we know of ; for though they were knowne to be subject and inclinable to falshood ( as his father had objected to them before ) yet it was so well covered , that it was not accounted falshood , but wisedome ▪ for there are degrees , and there bee many who will dispence with themselves to step something aside from the strict rule of uprightnesse ( which is accounted simplicity ) that will bee ashamed of so high a degree of manifest treason , as this was . So that howbeit they knew their falshood in some measure , yet could they not have looked for such proditorious dealing : besides it might have seemed to any man in discourse of reason , that if they cared not to blot their names with the foulnesse of the fact , yet they could not have great hope to gain or profit much by it : for what could it avail them to cut him off , seeing another was to succeed in his place , as ill ( perhaps ) as he ? so that by putting of him to death , all that they could gain would bee but an irreconcileable deadly feude with that house , which was too high a degree of enmity for any thing had yet been amongst them , being nothing but grudges , and such things as might have been easily taken away . So that ( sith the discourse of man for ought we can judge , could never have reached so farre as to have suspected what followed , but rather to have looked for the contrary ) I see not how the Earle nor his friends can be blamed for credulity , or how it can be censured in him as a defect of his youth , and proceeding from want of experience : for what otherwise could he have done , if his experience had been never so great ? or himselfe never so old ? neither is there sufficient ground to tax his friends as if their hopes had blinded them so that they could not see any perill which no discourse of reason could see , or apprehend . It is true , men ought to be circumspect , but it is a fault also , and proceeds of an ill nature to be suspitious , as he might well have seemed to bee , if hee had refused to come . The event showes there was cause to suspect the worst : but I deny that reason could foresee that event , or any , considering of the circumstances , could have made one to have looked for it : neither can any man save himselfe from such treason , neither can it bee reputed as simplicitie to the sufferer , but as a monstrous enormity to the doer . To returne to our purpose , their disloyall practice stayed not in this smooth letter : they double fraud upon fraud : for so soone as Creighton knew he was on his journey , he came many miles to meet him , and inviting him to his Castle of Creighton ( which was neare the way he was to go ) he feasted him , hee cherisheth him , hee entertaineth him friendly , cheerfully , and magnificently : and that not for one day , but two dayes , kindly ▪ with all the tokens and demonstrations of a friendly minde that could be given . And to remove all suspition of unfriendlinesse , and the more circumvein him , he admonished him familiarly , that hee would remember the royall dignity of his Prince , and his owne duty towards him . That he would acknowledge him for his Lord and Soveraigne , whom the condition of his birth , the lawes of the Countrey , and the consent of the estates had placed at the rudder of the Common-wealth : that he would labour to transmit his so great Patrimony acquired by the vertue of his Ancestours , and with spending of their bloud to his Posterity , even so as he had received it : that hee would be carefull to keepe the name of Douglas , which was no lesse illustrious and renowned for their faithfulnesse , then their deeds of armes , not onely from the foule blot of treason , but even from all stain of suspition , or aspersion thereof : that hee himselfe would abstain , and cause his men to abstaine , from wronging the poore people : that hee would put from about him theeves and robbers : finally , that in time to come he would set himselfe to maintaine justice , that if hee had offended any thing in times past , it might be imputed not to his naturall disposition , but to ill counsell , and that infirmity of his youth , penitency would be admitted , and accepted as innocency . Venemous Viper that could hide so deadly poyson under so faire showes ! unworthy tongue , unlesse to be cut out for example to all ages ! Let not the Poets bee thought fabulous , who have transformed men into beasts ; loe a beast composed of many beasts : a Lion , a Tiger , for cruelty of heart : a Waspe , a Spider , a Viper , for spight & malicious poysonablenesse : a Foxe and Camelion , for falsehood and doublenesse : a Cockatrice and Crokodile , and whatsoever nature hath brought forth , that is deceitfull and hurtfull , a sweet singing Ciren , enchanting the outward sences to the destruction of the listner , so much the more odious , that it was in the shape of a man ; and the more detestable , that it durst so pollute the image of God , so abuse the glory of man : the speech of the tongue therefore given him ( beyond the beast ) that he might imploy it well to informe aright , to speake truth , and to do good to others . The honest heart of the hearer that knew what he spake was right , and intended to follow so good counsell , taketh all in good part , beleeveth the speech for the truthes sake , the man for his speeches sake . And who could have done otherwayes ? who would not have thought that he who knew so well what was right , would have had some regard to doe right ? shall we account it childishnesse , that he accounted so of them , and suffered him to be so deceived ? nay , hee could not keep himselfe undeceived . Good men , and wise men have often been deceived both in sacred and prophane Histories . We must not impute it to childishnesse in Abner , that Joab stabbed him under trust , but esteeme it vile treachery in Joab , of whom David sayes , H●…e dieth not as a foole dieth , howbeit his hands were not bound , but as a good man falleth before a wicked man , that is by treason , which no man can eschew . It is said that his friends seeing so extraordinary entertainment , so faire language above measure , so humble behaviour , and withall so many messages ( at every step almost ) betwixt the Governour and the Chancellour , tooke some suspition of ill meaning , and that there arose first a still murmure through the whole company ; thereafter some began to admonish him , that if he would persist to goe on , he would send back his brother David , being mindefull of a precept of his fathers , That they should not come both together into one place where themselves were not masters , lest they should endanger their whole family at once . The unwary youth ( unwary indeed ; but what warinesse could he have poore innocent ? ) and very well inclined , even angry with his friends , stayed those murmures by a plain commandment , and assured his friends thus : That he knew well it was a perpetuall pest of great houses that they had ever about them some men that were impatient of peace , who made gain of the perils , travels , and miseries of their Lords and Patriarkes : and because in peace they were restrained by the bridle of the law , they were ever stirring up strise and sedition , that in troubled times they might have greater scope and liberty to their wickednesse . As for himself , hee reposed more upon the known wisedome and prudencie of the Governor and Chancellour , then to give eare to their suspicious surmises . This speech thus uttered , testifying both an acknowledging of the evill past , and a resolution to amend , was it not sufficient to have purged whatsoever errour had been , or might have been thought to have escaped him before ? And certainly it would , if these men had regarded Justice , or the good of the Common-wealth , and had desired to reclaim him from his errours , and winne him to his Countrey . But his so full confidence thus reposing on their credit , was it not enough to have tied them to have kept their credit ? If there had been any spark of humanity or nature of man left in them : and if they had not beene worse then savage beasts . Trust deserveth that we should prove worthy of that trust , and credit procures keeping of credit ; where all humane nature is not extinct , and even simplicity deserveth favour and pitie . Neither can a man that is not altogether given over , and hath not sold himselfe to wickednes choose but favour it , and have compassion of it ; yea though he had been otherwise disposed in the beginning , it would even move any mans heart ( that were indeed a man , and not changed into a beast ) to favour and commiserate , and would have tamed and calmed any former discontentment , and have wrung from them any evill intention which they might ( perhaps ) have conceived before . However , this noble youth goeth on in the innocency of his heart , and that the more quickely , to cut off all occasion of such speeches , and with his brother , and with a few other principall friends goeth directly to the Castle , ( being led as it were and drawne by a fatall destiny ) and both enter , and so come in the power of those their deadly enemies and fained friends . At the very instant comes the Governour ( as was before appointed betwixt them ) to play his part of the Tragedy , that both might bee alike embarked in the action , and beare the envie of so ugly a fact , that the weight thereof might not lie on one alone : yet to play out their treacherous parts , they welcome him most courteously , set him to dinner with the King at the same table , feast him royally , intertain him chearfully , and that for a long time . At last about the end of dinner , they compasse him about with armed men , and cause present a bulls head before him on the boord : the bulls head was in those dayes a token of death ( say our Histories ) but how it hath come in use so to bee taken , and signifie , neither doe they , nor any else tell us , neither is it to be found ( that I remember ) any where in any History , save in this one place : neither can wee conjecture what affinity it can have therewith , unlesse to exprobrate grossenesse , according to the French , and our owne reproaching dull , and grosse wits , by calling him Calves head ( teste de Veau ) but not Bulls head . So that by this they did insult over that innocencie which they had snared , and applaud their owne wisedome that had so circumvented him : a brave commendation indeed , and an honest ! yet I wonder what they meant by entertaining him so well at that time , there was some reason for it why they should have done it by the way , that they might worke out their treason , untill he were within their thongs : but being now within the Castle , and fully in their power , I wonder what it should mean to make him so faire a welcome , to feast him so liberally and solemnely at the Kings table , and from thence to bring him to the shambles : what could have beene their intention ? might they not have conveyed him to some private chamber ? might they not have carried him to the place of execution ? what needed all this processe ? what needed they to have let him see the King at all ? It would seem as if they had not been fully resolved upon the businesse before ; and that their intentions and purposes were not treasonable , but that they tooke occasion to be treasonable from the facility to atchieve it : but our Writers are cleare against that , and say onely it was pre-concluded , when he was written for . It might seeme also that they did this to communicate the matter , or to transferre it altogether upon the King : but he was too young , and purges himselfe by disproving of it . So that I can see no other reason of it , but as the Lion with his prey , or ( to use a more base , yet a more familiar example , and the baser the fitter for them ) as the c●…t with the mouse , which she might devoure immediately , yet it pleaseth her to pl●…y a little with it : So they for their greater satisfaction , and contentment , delight to play out their Sceane ; so strangely ( notwithstanding ) that such processe and uncouth formes of doing might seem to import some mystery , and deeper reach then ordinary : which I confesse is so profound and deep a folly , and mischantnesse , that I can no wise sound it , unlesse it were that the Noblemans place , and his worth forced their wicked hearts to acknowledge it notwithstanding their wickednesse : And although the acknowledging could not prevaile so farre , as to make them leave off the enterprise , yet did it in some sort brangle their resolution , and wrung out this con●…ession of his worth : as all the actions of wickednesse , and all wickednesse in the acting , are full of contradictions , as this same is most clearly : for if this Nobleman was guilty of death , why is he brought into the Kings presence ? why is he set at his table ? If he was not guilty , why was he put to death ? So difficult a thing it is in a lie to keep conformity , either in a lie of actions ( so to speake ) or in a lie of words ! In words it is difficult so to speake that the attentive hearer shall not perceive contrariety : In actions it is impossible that they can be dissembled . This action is a lie , for it saith he is guilty of death ; but their welcomming of him , their setting of him at the table with the King , and their feasting , sayes , he is an innocent , Noble , worthy man ; Indeed onely truth in word and action can accord with it selfe : as it is uniforme , it floweth from unitie , tendeth to it , and endeth in it , and keepeth the taste of the fountain from which it cometh . So they having given this confession of his worth , and again , ( by that ominous signe ) contradicted their confession , must needs be false witnesses however it go . The young Nobleman either understanding the signe as an ordinary thing , or astonished with it as an uncouth thing , upon the sight of the Buls head offering to rise , was laid hold of by their armed men in the Kings presence at the Kings table , which should have beene a Sanctuary to him . And so without regard of King , or any duty , and without any further processe , without order , assise ( or jurie ) without law , no crime objected , he not being convicted at all ; a young man of that age that was not liable to the law in regard of his youth , a Nobleman of that place , a worthy young Gentleman of such expectation , a guest of that acceptation , one who had reposed upon their credit , who had committed himselfe to them , a friend in mind , who looked for friendship , to whom all friendship was promised ; against dutie , law , friendship , faith , honesty , humanitie , hospitalitie ; against nature , against humane society , against Gods Law , against mans law , and the law of nature , is cruelly executed , and put to death : They , ( in despight as it were ) spitting in the face of all duty and honesty , proclaiming ( as farre as lay in them ) there was no dutie to God nor man to bee regarded . And that the measure of their wickednesse thus heaped and shaken , and prest downe might also runne over ; all this was done ( as it should seem ) without the consent , nay , against the will of their King and Soveraigne , who wept at their execution , and forbad them to meddle with his Cousin : the shamelesse men chid him for weeping at the death of his enemy ( as they call him ) during whose life ( say they ) hee needed never to looke for peace , whereas they themselves were his chiefest enemies , and greatest traitours to him , and besides him to God and nature , and to the office of Justice which they bore ; bringing a blot on the one , and the other , and bloud-guiltinesse upon his Crowne , so farre as lay in them . This is that detestable fact never enough to be extracted , which I have laboured indeed to set forth in the owne simple colours , stripping it naked of all farding ( though I confesse no words can equall the wickednesse of it ) that men may learn to detest such things wherein may bee seen what respect they have carried either to justice , to equity , to common peace , or Common-wealth ; that thought it better to root out such a plant , then to dresse and to cherish it ; to ruine such a house rather then to gain it , which they never would have done , if their private pride and avarice had not had the greatest sway with them . I thinke all honest minds should disdain to reade what they gave out before of their love to the publike good , having here so terribly belied it : neither should any man speake of it indifferently without a note of detestation ; neither extenuate it by the Earles simplicity , which seemes to diminish and lessen this execrable perfidie , and cruelty . If this were the wisedome , whereof they had purchased an opinion and name under the former King James the first , and if they had practised such things as this , it hath been a bitter root , and hath brought forth a very bitter fruit , and hath , in all appearance been no small part of the cause of hastening his death , and the emboldning of his enemies unto it , as indeed I finde some of our Writers inclined to say ; for such new men goe commonly about to perswade Princes , that ancient Noblemen are enemies to them , and barres to their absolutenesse , which is it that these men here mean , in saying that the Earle Douglas was an enemy to the King. Not that he bare any ill will to the Kings person ( for that they could no wayes make appeare ) but because he was so great a man : According to that generall rule , that greatnesse in the Nobility is dangerous for the Prince , and as if to be a great man were by infallible consequence to be an enemy to the King. Which maxime I feare they have beaten into his head afterwards , not so much to strengthen and provide for his security , as to draw him to their party for strengthening of themselves for we see all their intentions aime but at their owne particulars ; and so in this they intend nothing else ; onely they colour their particulars with the Pretext of the Kings service , as they doe this wicked fact also . David Douglas the younger brother was also put to death with him , and Malcolme Fleming of Cumbernald his speciall Counsellour . They were all three beheaded in the back Court of the Castle , that lieth to the West . This augments yet their wickednesse , that they execute his brother also , whose age behoved to be lesse then his owne , who was but very young too , as wee have said . These were good Tutors and bringers up of a young Prince , thus as it were to bait him with the bloud of his Nobility , and to imprint such a lesson in his tender minde that they were his enemies . But for conclusion of this matter , concerning these young men , as there was no law laid against them , so is there no History that beareth witnesse that they were guilty of any capitall crime . And Major saith expresly , Apud Annales legi , quod viri illi non crant rei mortis , sed consilio & dolo Gulielmi Crighton , Scotiae Cancellarii haec perpetrata sunt : That is , I reade in our Annales that these men were not guilty of death , but this matter was atchieved by the counsell and fraud of Crighton Chancellour . It is sure the people did abhorre it , execrating the very place where it was done , in detestation of the fact : of which the memory remaineth yet to our dayes in these words . Edinburgh Castle , Towne and Tower , God grant thou sinke for sinne ; And that even for the black dinner Earle Douglas got therein . Now sith these youths were not guiltie , whereof were they not guilty that put them to death ? and with what note of infamy to bee branded ? Though some seeme to blame this innocent young man ( as they cannot deny him to have beene ) with halfe words , as guided by flattery , given to insolency , presumptuous in his Port , yet is there no effect , or affection brought importing either his being addicted to flattery , or that hee was more insolent , presumptuous or arrogant , then became a man of his ranke . But contrary , that he was of a gentle nature , a repulser of flatterie ( now as hee grew in age ) and of due magnificence , such as well became him . Let us therefore account of him so , as one that was singular in respect of his yeares . And let the blame lie fully on his enemies , who shall finde some meeting hereafter from their Cousin ; that they may finde all the house perished not with him , though indeed the punishment was not proportionated to that which they deserved . In Gulielm . & David . fratres in Arce Edinburgena trucidatos . Vestra Sophoclco caedes est digna cothurno , Vestra Thyestea coena cruenta magis , Vos scelere atque dolis , vos proditione necati , Insontes , puerique & patriae proceres : Regius & vestro est foedatus funere vultus : Qui fertur siccas non tenuisse genas . Haeccine ( Rectores ) vestra est prudentia tanta ? Haeccine laudatur justitia ? haecne fides ? Exemplum aeternis nunquam delebile fastis Perstat fraudis atrae , perfidiaeque trucis . In English thus , Your murther may deserve a tragick Muse , Your horrid dinner justly might excuse Thyestes feast , by a more treacherous train Drawn to the axe , more barbarously slain Then was his sonne : your Princes guiltlesse eye Stain'd with the sight , wept at the cruelty . Is this these Rulers wisedome ? this their love To Justice ? this the prudence men approve So much ? O! blacke example fit to be Mark't in eternall scroules of infamy . Of James ( called Grosse James ) the third James , sixteenth Lord , and seventh Earle of Douglas , Lord of Bothwell , Abercorne , and Annandale , the fourth Duke of Turraine , and Lord of Longe-ville . UNto William succeeded his fathers brother , James Lord of Abercorne , in all the lands that were intailed , but Beatrix , sister to the said William , fell here to the rest that were not entailed , which were many ( say our Writers ) specially Galloway , Wigton , Balvein , Ormund , Annandale . This James was called grosse James , because hee was a corpulent man of body : he had to wife Beatrix Sinclair daughter to the Earle of Orknay , but which Earle it is not expressed . To finde it , wee must consider , that from 1 William Sinclair ( the first that came out of France , and married Agnes Dumbarre , daughter to Patrick first Earle of March ) 2 the next was Henry his sonne , who was married to Katherine daughter to the Earle of Stratherne . 3 His sonne called Henry , also married Margaret Gratenay , daughter to the Earle of Marre . 4 This Henries sonne , Sir William passed into Spain , with good Sir James Douglas , who carried the Bruces heart to Jerusalem ; hee was married to Elizabeth Speire daughter to the Earle of Orknay and Shetland , and so by her became the first Earle of Orknay of the Sinclaires . The second Earle was 5 William also , who married Florentina daughter to the King of Denmark , the sixth person , and third Earle was ( his son ) Henry who married Giles ( or Egidia ) daughter to the Lord of Niddisdale . The seventh person and fourth Earle is Sir William , who married Elizabeth Douglas daughter to Archbald Tine-man the first Duke of Turrain ) and sister to this James the grosse . Now this James his wife cannot have been this last Sir Williams daughter , for then she should have been his owne sisters daughter . And therefore she hath been either Henries ( that married Giles Douglas ) or else Sir Williams , who married Florentina ; which of the two I leave it to conjecture ; her great spirit , and high ambition would seem to argue that shee was come of Kings , and near to them : but the Monument in Douglas calleth her daughter to Henry . She bare to this Earle James seven sonnes , and foure daughters . The name of the eldest was William , and the second James , who were Earles of Douglas , both of them by succession , as we shall heare . The third , was Archbald , who married the daughter of John Dumbarre Earle of Murray , brother to George Earle of March , by which means he got the Earledome of Murray . The fourth , named Hugh , was made Earle of Ormond , and had sundry lands given him by the King in Tividale and Rosse . The fifth John was made Lord of Balvenie . The sixth Henry was Bishop of Duncalden . George , the seventh , died before he was fifteen yeares of age , as our Chronicles do witnesse ; but there is no mention of him in the monuments at Douglas , where the rest are set downe by name . As for his foure daughte●…s , 1 Margaret the eldest was married to the Lord Dalkeith . 2 Beairix the second , to John Stuart Duke of Albanie , Constable of Scotland , and Captain of fifty men at armes in France . The third was named Jennat , and was married to the Lord Flemine of Cumbernauld . Elizabeth ( who was the fourth ) died unmarried . This Grosse James his eldest sonne William , partly to hold up the greatnesse of his house , partly by the Ladies owne desire , ( who directly refused to marry any other of the name of Douglas ) married Beatrix Douglas his Cousin : She was called the faire maiden of Galloway : and so by this match the estate of Douglas was preserved intire , and those lands which shee would have been heire to , and divided from it , were kept in their owne hands . This match was made farre against the opinion of the rest of the name of Douglas , who thought it better that she should have been married to some of the house of Angus or Dalkeith , alledging that the house of Douglas was too great already , and that their greatnesse would be the ruine of the house , which maxime although it proveth often true , that too great Dominions under Princes , as also Princes themselves having so large extent of territories , and other republicks , and Common-wealths , when they come to that hugenesse that they cannot easily be governed , do fall , and are overthrown by their owne weight : and the conspiracies and combinations of neighbouring Princes , or States ( who feare , and are jealous of their excessive greatnesse ) or by their Subjects within , either through the Princes jealousie ( who suspects them ) or others envie , who stirre jealousie in the Prince , and draw him to suspect them . And therefore all , both Lordships and Empires , are to be restrained and kept within a mediocritie , and that as well Princes , and Common-wealths , as subjects ; which all men will confesse : but what this mediocritie is , they declare not , neither will they confesse , or doe they ever thinke that they are come to that fulnesse , that there is any danger of exceeding so farre , as to procure their overthrow , or breed any perill . It is said of Augustus Cesar that he intended some moderation of the Empire , and had resolved to have propagate it no further : yet it was doubted upon what ground it was that hee thus resolved ; whether out of prudencie , or of envie toward his successours , that none might goe beyond him , or adde any more to it then he had . And it is indeed a hard matter to perswade men , and perhaps no lesse difficult to prove , for all agree that these inferiour things ( even all of them ) are in a perpetuall fluxe and motion , and that they cannot stand long at a stay , without going either forward or backward , increasing or decreasing . If therefore they goe not forward , they must goe backe ; if they doe not increase , they must decrease : which if it be true , it were better to seek to increase so long as men may , then to take them to a standing , from which they must decrease , if they doe not increase . But whether out of that discourse of reason , his friends of the name of Douglas would thus have perswaded him not to become too great , for feare of falling , or for any particular of their owne , or whether he for this other reason , or rather for the common disposition of men to presse ever forward , I know not , but hee chose to bee great , and take his hazzard . And because the two parties were within the degrees prohibited by the Romane Church ( Brothers children ) he sent to Rome for a dispensation , which being long in coming , and he fearing least the King , and the rest of the name of Douglas would cast all the impediments they could in the way to hinder the match ( which was also reported , and not without ground ) caused hasten the marriage before the dispensation came , and that in Lent too , a time forbidden also , and which is more , on the friday before Pasch , called commonly Good-friday . This was thought ominous , and the unhappy event confirmed this opinion . They were married in the Church of Douglas . Some write that this marriage was procured and made by the young man himselfe , after the decease of his father . However , this was a speciall cause of dissention , and division amongst those of the name of Douglas . For the actions of this grosse James , wee have no particulars recorded in Histories , either in his brothers time , or his nephewes time , or now when he cometh to be Earle himselfe . There is no mention at all made of him , whether he did any thing for to revenge the murther of his nephewes by Creighton and Levingston : belike as he hath been corpulent , so hath his corpulensie caused a dulnesse of spirit , as commonly it doth . Some write that he was Warden of all the Marches , and his Monument at Douglas agreeth with them , and sayes that hee was a great justiciary . Others write that he was no ill man , that hee entertained no disordered wicked men , but yet he did not represse them sharply enough , and therefore was suspected by the King , and disliked by many : hee died in Abercorne within two yeares , or not three ( sayes the manuscript ) after the marriage of his sonne , which hath not been long in the making . Wee may ghesse it most probably to have beene not fully three yeares , and so that he died in the yeare 1443. Hee was buried in Douglas , where on his Tombe he is called ( Magnus Princeps ) and amongst other Titles , Lord of Liddi●…dale , and Jedward Forrest : his wife is styled Domina Aveniae , Lady of Avendale . His Epitaph there is yet to be seen thus , Hic jacet magnus & potens Princeps , Dominus Jacobus de Douglas , Comes de Douglas , Dominus Annandiae , & Gallovidiae , Liddaliae , & Jedburg-Forrestiae , & Dominus de Balveniâ , magnus Wardanus Regni Scotiae versus Angliam , &c. Qui obiit vicesimo quarto die mensis Martii , Anno Domini millesimo quadringentesimo quadragesimo tertio . 1443. His Wives is thus : Hic jacet Domina Beatrix de Sinclaire , ( filia Domini Henrici Comitis Orcadum , Domini de Sinclaire , ) Comitissa de Douglas , & Aveniae , Domina Gallovidiae . His Childrens thus : Hae sunt proles inter predictos Dominum , & Dominam generatae . 1 Dominus aGulielmus primò genitus , & haeres praedicti Domini Jacobi , qui successit ad totam haereditatem predictam . 2 Jacobus secundò genitus , Magister de Douglas . 3 Archibaldus tertiò genitus , Comes Murray . 4 Hugo quarto genitus , comes Ormundiae . 5 Johannes quinto genitus , Dominus Balveniae . 6 Henricus sexto genitus . Margarita uxor Domini de Dalkeith : Beatrix uxor Domini de Aubignia . Joneta uxor Domini de Biggar , & Cumbernauld . Elizabetha de Douglas , quarta filia erat . In English thus , Here lies a great and powerfull Prince , Lord James Douglas , Earle of Douglas , Lord of Annandale , and Galloway , Liddesdale and Jedbrough-Forrest , and Lord of Balveny , great Warden of the Kingdome of Scotland towards England , &c. Hee died the 24. day of March , in the yeare 1443. His Wives is thus , Here lies the Lady Beatrix Sinclair , daughter of Henry Lord of the Isles , Lord Sinclair , Countesse of Douglas and Evendale , Lady Galloway . Their Children . These are the children betwixt the said Lord and Lady : 1 Lord William his eldest sonne , and hei ●…e to the said Lord James , who succeeded to all the foresaids lands . 2 James the second sonne , Master of Douglas . 3 Archbald , the third sonne , Earle of Murray . 4 Hugh , the fourth sonne , Earle of Ormund . 5 John the fifth sonne , Lord of Balvenie . 6 Henry , the sixth sonne . Margaret , wife to the Lord of Dalkeith : Beatrix , wife to the Lord Aubignie : Jenet , wife to the Lord of Biggar and Cumbernald : Elizabeth Douglas was the fourth daughter . Jacobus Crassus , Duglasii crassique mihi cognomina soli , Conveniunt : O quam nomina juncta male . James the grosse . To be a Douglas , and be grosse withall , You shall not finde another 'mongst them all . Of William slain in Stirling Castle , the seventh William , and eighth Earle of Douglas , the sixteenth Lord , and fifth Duke of Turrain , &c. UNto James succeeded his sonne William , a man of another mettall , and resembling more his Grandfather , and Cousin , ( who was put to death in Edinburgh Castle ) then his father , who did remember , and imitate more his Cousins diligence , then his fathers negligence , for hee endeavoured by all means to entertaine and augment the grandure of the house by bonds , friendship , and dependances ; retaining , renewing , and increasing them : and therefore his marriage of his Cousin Beatrix is attributed to him , and is thought to be his owne doing , and not his fathers . Upon his first coming to be Earle , his first care was to establish some certain order for his affaires : for which purpose hee conveened his whole friends at Dum●…reis , made choice of his Counsellours , createth his Officers for his rents and casualties , and settleth a constant order in his house . Great was that house ( as hath been said ) and doubtlesse it was nothing diminished by him , but rather increased by the accession of his fathers estate ( which he had ere he was Earle ) and his wife : which being added unto the old Patrimony of the house , made it to surpasse all others that were but Subjects : for it had beene ever growing from hand to hand , since the time of Lord James slain in Spaine , continually , who had the Lordship of Douglas onely at the first . To it was added the Lordship of Galloway by Archbald , slain at Halidoun-hill . By Archbald the Grimme , the Lordship of Bothwell . By Archbald the third ( called Tine-man ) the Dutchie of Turrain , and Lordship of Longe-ville . Annandale , and the Earledome of Wigton , by Archbald the fourth : and now the Lordship of Abercorn , by Grosse James . So that his revenue hath beene huge at this time , as appeares also by the ranke hee ever carried , as second in the Kingdome . His dependance and following may bee judged by these his Lordships , and estate , and for his other friendship , there were divers houses of the Douglasses ; as Angus , Morton , Drumlanrigge . By his alliance he had Aubigny , and the Lord Fleming of Cumbernauld , who had married his sister . By his mother , the Earle of Orknay ▪ by his wife , at ( Beatrix ) the house of Crawford , of which her mother was a daughter , beside the old friendship that was ever betwixt them . And this may be seen by History , who list to observe it , whereof more may be found by a more accurate disquisition . Thus enriched , thus waited on , thus followed , thus served , thus underpropped , and sustained by wealth , friendship , dependance , alliance , and kindred , his power and greatnesse was such , as was not matched under the Prince by any in this Kingdome . But here is the maleheure , the Principalls of his owne name ( Angus and Morton ) assisted him not , but divided themselves from him ; and either were not his friends , or even became enemies , as wee shall heare hereafter . What the occasion thereof was , is not directly mentioned : some thinke it was the discontentment they had conceived at his marriage , either because they accounted it unlawfull , or because some of them would have had her to themselves , which is the more likely , or in respect of their kindred with the King , who was indeed induced ( though not yet ) to think hardly of him ; or out of emulation of his greatnesse , as an hinderance to their growth , which was Bishop Kennedies opinion to his brother , the Earle of Angus : and so it falleth out often , where a decay is to come upon a house , it first divides from , and within it selfe , yet that was but an insensible point at this time , his owne greatnesse being such as would scarce suffer him to finde the losse ; standing as it were not by any friendship , but meerely of himselfe , and upon his bottome . At the very first , when hee entred to the Earledome , he entred also ( as hereditary ) to the enmitie of the two grand guiders of the time Levingston and Creighton , with whom the hatred tooke beginning in his Uncles time , and was thereafter traiterously , and cruelly prosecuted by them , on his two Cousins : it continued , though coldly , in his fathers time , and was now quickned and revived by himselfe . They would needs lay the blame of whatsoever disorder happened in the Countrey upon him ; not onely of what fell out in the borders ( where hee commanded , and might command indeed ) but even in the Highlands also , that which John Gorme of Athole did ( who fought with the Laird of Ruthven , and would have rescued a thiefe out of his hands ( being apprehended by him as Sheriffe ) if hee had not beene defeated , and thirtie of his men slain by Ruthven ) they would have it to bee thought that the Earle Douglas forsooth had an hand in it . But it is well that our Writers say , it was but thought so ▪ and thought it had beene said so by his enemies , there is no necessitie to beleeve it was so , for they had done him more wrong , and dealt more treacherously with him , then to make such a report for me , it soundeth not in my eares , that it had so long a foote , or that John Gorme could not doe such a thing without the Earle of Douglas , or that the Earle Douglas would meddle with such a matter . This I thinke , that in his owne bounds he would suffer none to acknowledge the Governours , which was his Uncles course , as we heard , seeing he was himselfe to bee answerable for them . It was his fathers way also ( though more coldly according to his naturall disposition ) as may bee gathered of that which is said , that he repressed not theeves , though he entertained them not : which is as much as to say , as he was not Authour , or occasion of their theft , yet he being no Magistrate himselfe , and others having taken the government upon them , he would let them beare the weight of their owne charge in executing thereof , and would not help them therein by restraining any . And that so much the rather , because having murthered his Nephew , he could not with credit employ himselfe to ease them of their burthen by his assistance : he did them no hurt , he could not with honour do them any good . So hee lets them alone , doing to them neither ill nor good , then which I thinke he could not do lesse . And where just cause of enmity was , how could it be more modestly used ? Except they would have had him ( after such a vilanous fact ) to go creeping under their feet ( as we say ) which the meanest man will not doe after the smallest injurie . And even where there is no injury , unlesse men reape some benefit , they will suffer others to do their owne part , and not help them , where they have no interest either as belonging to their charge , or from whence they may gather some profit . It is true , he onely could doe that service , and there was no ability in them that had the charge , but he was not obliged to supply their inability : and why should they have taken on them ? or why should the States ( which I thinke did not , but that it was done by faction ) have laid it upon them , that were not able to discharge it ? This was not wisely done , and it is the very point of the errour in the Estates ( so called ) and the ground of all the inconveniences that fell out , for they chose men that had not power to discharge the Office , and such as had , did let them do it alone ; and withall ( perhaps ) disdained their preferment , as being without merit , for wee see no merit in them by true vertue : hereon arose discontents , then grudges , then crossings , then blamings , and reproaching in words and deeds , growing at last to an open enmitie . Of such great importance is it , to make right choice of men for employments . And such wisedome is requisite in the choosers ( bee it Estates , be it Princes ) not to follow affection , but to consider worth and ability rightly , and to employ accordingly : which if it be not done , it carrieth with it infinite inconveniences , & hath troubled many Estates , yea , ruined them ; and it must needs be so . Happy State , happy Prince , yea , happy he whosoever , that having a necessity to imploy others ( as who hath not ) imployeth according to reason , and not affection , or hath his affections ruled by reason ! which if hee doe not , it shall disgrace the imployer , breed disdain to him that is imployed , and bring contempt upon both , which will burst out with occasion , and not long be curbed , and kept in , thought it lurke for a time . It may bee this Earle of Douglas hath gone further then his father in showing his contempt of these justice-bearers . It may be hee hath borne with the Bordermen , and been more slack in repressing of them , ( for his father repressed them , though not enough ) because hee had intention to imploy them ; being more sensible of the wrong done to his Cousins , & had a greater eye to revenge it , and therefore was loth to controule these men of service , further then the mere necessity of his place did require at his hands , whereof the rule ( in the eyes of the people ) was to save all men from that misery as farre as he could : in his owne eyes , the rule which he propounded to himselfe , it was to protect his friends and dependers ; and for his adversaries , to rejoyce perhaps at their smart , if not to procure it : as for neutralls , to leave it to the Magistrate to redresse what is amisse , not perceiving by that mean , he doth more hurt the Countrey , then his enemies , and wounds his owne credit more then their reputation : and therefore ▪ he lost more by furnishing them with some ground of obloquie , offending the people and honest men , then he gained by the hurt of his adversaries , or favour of broken men . Nothing is more popular , yea nothing is more profitable then justice , ( say all Writers ) not to mean and private men onely , who incurre the danger of law by injustice , but even to great men , even to Princes , who if they incurre not the danger of lawes , being placed above the reach thereof , yet doe they lose the most profitable instrument of all their actions , by which they must needs worke , and without which they cannot , the hearts of men : It feareth me , too many think it enough to have their hands , to have their bodies at command , but let no man thinke he can have their bodies , if hee have not their hearts : neither their heart , if hee have it not indeed , in a high measure of affection . Who hath no measure of affection , can have no action of the body to any purpose , and a slacke affection produceth but a slack action , as it hath ever proved . So that in effect , policy hath that chiefe object to worke on the affections of men , and that not to deceive , or force them ( for neither of these can worke well and long . ) Neither is it sufficient that a man see not a present evill , as a Prince a present insurrection , a great man a present losse of his followers , and favourers ( which falleth out sometime , but not alwayes . ) Oftentimes it is like a canker , working by peece-meale , insensibly , from degree to degree upon the affections , til it hath consummated the worke of disgrace of the party it seazeth on , and winded their favours out of the hearts of men . As commonly mens actions that procure it are of the same sort , not all in an instant , or at one time , but one ungratious fact cometh after another , and another again upon the necke of that , and so forth . This therefore is so much the more diligently to be taken heed of , and eschewed in the beginning ; or if any errour escape , to be taken up and recompensed by amendment , or some other gratefull action importing as much favour , as the errour did disdain : neither must the affections of men be suffered to coole , languish , and to bee eaten up at unawares , till at last they utterly decay and perish . Thus ( we may see here ) he hath not been well advertised by those of his house of Douglas , which before were the most esteemed , the best beloved , and favoured universally almost by the whole Countrey . But now , while as they would trouble the Governours , and let their inability b●… seen , and for that end either beare with theeves , or suffer them , they are not aware , that by this mean they suffer an ill opinion of themselves to creep into mens minds , and that love of the people to diminish by peece-meal , for the space now of three or foure mens lives . And whereas they were wont with their heritage to succeed to a generall favour of the people , now on the contrary , they succeed to a grudge , and ill opinion , and so an universall dislike , which at last hath done away all that wonted love , and turned it into hatred ; which did greatly advance and further the plots of their enemies against them , and made that their greatnesse odious , that was accustomed to be favoured . It is very true , that the men against whom he set himselfe , had used no good means , abused there Offices , abused their Countrey , and the name of the King , and Common-wealth for their owne particular ; yet he should not have used ill means , no not against ill men ; and the bare name of authority is of weight in the eyes of men , as the name of theft odious ; from any countenancing whereof , Noblemen should be farre , as also from seeming to rise against any manner of Authority , though Authority bee ▪ put even in mean mens hands , as these were ▪ chiefly when the opposers of Authority can make no other end appeare , but their own private , and that blotted with the enormities of broken men : yet what shall be given to a just anger ? what unto the time ? what unto youth ? all these plead pardon , if not approbation ; The rather for that he taketh up himself from that sort of doing , so soone as hee can get a right King , to whom he might have accesse , and to whom he might yeeld with honour which was ere long . The next yeare , 1444. the King taketh the government on himselfe directly . Thither immediately the Earle Douglas concludeth to addresse himselfe , and by all good means to obtain his favour ; to satisfie the people , to satisfie all men that were offended , and fully to change that course he had before followed . Certainly repentance is worth misdeed : and it may bee seen , that the force of enmity hath driven him into these faults , which as soone as he can , he layeth aside . So coming with a great company to Stirlin , he deales with the King by the intercession of such as were about him ; and finding that he was appeased , goeth on , and puts himself and his estate in his Princes will , partly purging himselfe of the crimes past , partly confessing them ingeniously ; and telling him , that what ever estate he should have from that time forth , hee would owe it to the Kings clemency , and not ascribe it to his owne innocency : That if the King would be contented to be satisfied by good Offices , hee would endeavour not to be short of any in fidelitie , observance , diligence , and good will towards him : That in repressing and punishing of theeves ( whose actions his enemies laid upon him ) there should no man bee more severe , nor more carefull : That he was come of a house that was growne up , not by doing injuries to the weaker , but by defending the weaker and common people of Scotland by arms . Certainly a true conclusion , & undeniable by his greatest enemies . But I have thought good to set downe all as it was conceived : for whether there was any fault or not , his submission was great , and his repentance sufficient to purge it whatsoever it were . Such is his respect to his soveraigne Prince ; and such the force of authority rightly placed in the due owner thereof . And such was also the force of truth in his speech , that the King , understanding that it was true in his predecessour , and hoping it would be true in himselfe , moved also by the private commendation of his Courtiers , not onely passed by , and forgave what ever had been amisse in his life before , but also received him into his most inward familiarity , and did communicate unto him the secrets of his counsell : Neither was the Earle unworthy thereof for his part , but behaved himselfe so well , that within a short time hee acquired the favour of the King by obedience ; of his Courtiers , and servants , by liberalitie , and of all men by gentlenesse , courtesie , and modestie , and put the people in hope that he would prove a meeke and sober-minded man. The wiser sort doubted ( say our Writers ) whither so sudden a change would turne . But why should wee thinke it a change ? or if it were a change , it was very casuall , very apparant , and nothing to be wondred at : for it is this in effect : he had been untoward to base men , why should he not yeeld to his King ? hee had slighted the shadow of authority in them , why should he not acknowledge and reverence the beames of it in his Prince ? he had beene froward to his enemies , why not gentle to his friends ? he had sought to make them smart that wronged him , why not cherish those that did him good offices ? he had warred on them , that had warred against him : why should hee not keep friendship with those who kept friendship with him ? certainly , these are not changes , neither of nature , nor of manners , but are commonly ( wee fee ) in one and the same nature , and proceed from one and the same cause , which is greatnesse of courage , and regard of due honour . The greater despiser of basenesse , the greater reverence of true greatnesse , the greater repiner against compulsion : the gentler and calmer being used courteously : the harder enemy , the faithfuller and sweeter friend : so that wee may suspect these mens wisedome , that did so farre mistake his true courage , and accounted that a change , which was but a continuation of his inbred disposition . Two men are designed to have taken fray at the matter , whose consciences were guilty of what they had deserved : Alexander Levingston , and William Creighton , not for the change of his manners , but for the change of his credit . They had traiterously slain three innocent Noblemen , his two Cousins , and Malcolme Fleming . They had kept himself back from his Prince , and his Prince from him , and were sory that ever they should have met in a friendly sort . They would have been glad to have blowne the bellowes of dissention , to have irritated the one , and misinformed the other , made their owne quarrell the Kings , and so have caused the King and Countrey to esteem of it . They were now disappointed of that , and the Earle had accesse to informe the King of their misdemeanour in their Office , and to move him to call them in question for it . They knew hee would remember the wrong done to his Cousins : they knew how unable they were to answer for many of their facts , and therefore they retire themselves from Court : Levingston to his owne house Creighton to the Castle of Edinburgh which hee had still in his keeping . Neither was the Earle Douglas negligent in this oecasion , that was thus offered to seeke justice by law and by justice , to be avenged of his enemies for the wrong done by them against law . Wherefore he diligently informed the King from point to point , of their misbehaviour in their Office : how they had abused him , abused his rents to their owne private use , and moved him to call them to an account thereof , whereupon being summoned to a certain day , they durst not compeir ; but to set a faire face on the matter , they answered by Procuratours , or by letters : That they were ready to give an account of their government , that they had beene very carefull of the King and Countrey , desired nothing so much as to give an account thereof before equall Judges . But for the present , when the minds of men were preoccupied with the favour of their enemies , and all accesse closed with armed men , the King behoved to pardon , that they did eschew not to come to judgment , but to come in the danger of their deadly enemies , and keep their lives for better times : when the Captain of theeves , being removed from the Kings side ( which they had of times done before ) they would approve their innocency to the King and all honest men . These reproaches , and brags touched , and were meant of the Earle Douglas . Him it was they called Captain of theeves , because of the border men , of whom many were his followers . That they removed him often before was idle boasting : for he had abstained to come to the King , so long as the King was in their custody , so long as he was in the Castle of Edinburgh , where they might have murthered him , as they did his Cousins : That he was their enemy , he denied not , and had just cause so to be : but to take that excuse from them , he gave them assurance he should not proceed against them any wayes , but by order of law ; and offered for that purpose to goe from Court , till they should come to it in safetie . And to meet their reproach ( of captain of theeves ) and their boasting of the just administration of their Offices , hee was ready to prove that they themselves were theeves , that they had stollen the Kings revenues , and distributed to their friends , and converted them to their owne particular use , and that they had traiterously against justice murthered his Cousins , whereof he besought the King to grant him justice ; and so a new charge was given out , and another day appointed for them to compeir . Which being come , and they not compeiring , they were denounced rebells , in a Convention kept at Stirlin the fourth of November , and their goods and moveables confiscated . Thereafter John Forrester of Corstorphin ( a depender of the Earle Douglas ) is sent with a power of men , to intromet with their goods ; who having received their houses , some he razed , some he manned with new forces , and provision : and so without resistance he returned , laden with great spoil . Hee was scarce retired , when Creighton assembled his friends and followers so suddenly as none could imagine , furrowed the lands of Corstorphin , together with the lands of Strabrock , Abercorn , and Black-nesse , and amongst other goods , he drave away a race of mares , that the Earle Douglas had brought from Flanders , and were kept in Abercorn , doing more harme then he had received . This may seem strange to any man ; neither do our Histories sufficiently cleare it , either where he got these forces , or whither he carried the goods . They insinuate , that he was aided and assisted under-hand by Bishop Kennedie , and the Earle of Angus and Morton . Angus was the Kings Cousin germain , sonne to his fathers sister , and by her , brother to the Bishop : Morton had married the Kings owne sister . But of these , the Bishops power lay beyond Forth ; ( for he was Archbishop of Saint Andrewes ) and the Earle of Angus further ( beyond Tay ) : so it is hard to conceive , either how they could suddenly assemble to their folks , or that they could conveene many ( except such as Angus had on the South side of Forth in Liddisdale , Jedward Forrest , and Bonkle ; likewise Mortons lands and friends were ( most part ) on the same side of Forth ) to make assistance against the Earle Douglas . But how ever apparantly , they did it not openly ; and this , it was against order , against authority , and against Law : and if the Earle Douglas had done it , it would assuredly have been called an open Rebellion against the King , theft , oppression , presumption , arrogancie , insolencie , and faction , as we heard it was before , when he contemned the Governours onely , and as it will be called ( perhaps ) hereafter . If men alledge , that the King was guided with the Earle Douglas counsell , and his name used to a particular onely : tell me ( I pray you ) was there ever any thing more formally than this against Creighton ? And if the Earle Douglas his particular was in it , what then ? how many actions of justice are otherwise done without instigations of private men ? without the mixture of their cause ? without their particular suiting ? and particular insisting ? and if it be lawfull to any to seek justice for his own particular , the Earle Douglas his particular was such , as very well became him to insist in the wrong so manifest , the murther so vile and traiterous . And if that which is done against the lawes shall not be accompted wrong , nor esteemed to touch the King , because parties have their particular in that law , none or few things shall be accounted to be done against the king , or against law ; for there is almost ever some particular joyned : and the same hath been and wil be the Earle Douglas his case . This therefore cannot be accounted innocencie ; yea no lesse then open violence , and plaine rebellion , and presumption against the Earle , clad now with justice and lawes , and against the king as protector , and Patron of justice . No marvell then if the Earle Douglas was offended herewith , both for his own cause , whom the losse touched so neere , and for such manifest contempt of the King , and if therefore he seeke to be avenged thereof . But there was a different forme to be used , according to the different actours ; of which we se●… there are two sorts , Creighton and Levingston were open enemies , open actours ; they themselves obnoxious to the law ; against them the law will strike , and so he proceeded with them : he besieges openly Creighton in the Castle of Edinburgh , and no question he had taken from him before whatsoever was without it . The others , not open enemies , and actours themselves , they were but secret stirrers up , abetters , and assisters of his enemies ; and among them Bishop Kennedie was the chiefe plotter and deviser ; the law could not well be had against him ; he must be met with in his owne way , he had done besides the law , he must be met with besides the law : he had done disadvowedly , he must be met with disadvowedly . Therefore he writes to the Earle of Crawford , who with Alexander Oglebee of Innerwharitie gathered a great hoast , entred , life , and without resistance spoiled the Bishops lands , either because they could not get himself , or because they had a greater minde to the bootie , then to the quarrell . The Bishop using his own weapons , curseth them ; but they made small reckoning of his curses . Neverthelesse shortly after there fell variance between Crawfords eldest sonne ( the master of Crawford ) and the Oglebees about the Bailliarie of Arbroth : for the Monks had given it from the Master to Innerwharitie , and hereupon having assembled their forces on both sides , they were readie to fight it out . But the Earle of Crawford ( having gotten advertisement ) came into the field to have composed the busines , and trusted they would have respected him , and not have offered him any violence , he entred in between the two parties ; where having stayed his sonnes companie ; he was going over to speak with the Oglebees to have brought matters to a parlee , and treatie . In the meane time one that neither knew what he was , nor what his intent was , runnes at him with a spear and slayes him : hereupon the battells joyning the victorie fell to the Master of Crawford , there being 500. slaine of the Oglebees side , Alexander Oglebee taken , and the Earle of Huntly escaping on horsback . This victorie was obtained chiefly by the valour of the Cliddisdale men , of whom the Earle Douglas had sent about 100 to assist the Master of Crawford . This Master of Crawford was now Earle ( his father being slaine ) and was called Earle Beardie , of whom there will be mention made hereafter , he being that Earl with whom Douglas is said to have entred into league ; though we see there was friendship betwixt them now , the Earles Ladie Beatrix being a sister daughter of the house of Crawford , besides the old friendship that had been ( ever since the first Earles time ) betwixt the two houses . In the mean time the siege of the Castle of Edinburgh ( where Creighton was shut up ) had now continued some six or seven moneths , from the midst of July ( as appeareth ) unto the beginning of February in the next year : for there being a Parliament called , to be held at Perth , it was removed to Edinburgh , that the siege might not be interrupted , and sate down in the beginning of February 1445. The siege lasted two or three moneths after , which makes in all some nine moneths , or thereby : at last both parties ( the besieger and the besieged ) being wearied , the Castle was surrendred to the King , on condition that Creighton should be pardoned for all his offences which he had committed against the King , and should be suffered to depart life safe , which was granted unto him : Our Writers term them the offences which he was said to have committed against the King : As if they should say , There was no offence indeed done to the King : And more plainly a little after , as in all contention , he who is most strong would seem to be most innocent : which sayings are to be judiciously considered , and accurately weighed , whereof we have spoken before : But if they will needs have it so , we will not be contentious . Thus Creighton , not so much hurt , as terrified , escaped due punishment by meanes of the Castle , which could not easily be taken , but by composition . Whether this was through the impatience of the Earle Douglas , that would not take leasure to wait on the siege , untill they should have been forced to yeeld for want of victuals ; Or whether Creighton hath had some 〈◊〉 friends at Court , who did make use of this occasion to work his safetie , there is no mention . But Levingstone leapt not so dry-shod , being no lesse guilty of his Cousins murther . The Earle had bent his just indignation against him also , and caused summon him to the Parliament of Edinburgh , together with his sons , James and Robert Levingstons ( this Robert had been Thesaurer ) and David Levingston his Cousin : His friends also , Robert Bruce of Arth , with James and Robert Dundasses . The Lord Levingston himself , with the two Dundasses , were convict , forfeited , and condemned to perpetuall prison in the Castle of Dumbarton . The other three , James , and Robert his sons , and David his Cousin , and Bruce also , were execute : What the crimes were that were laid to their charge , whereof this difference of punishment did arise , it is not written , either by the old or late Historians . This appears , that it hath been no particular of the Earle Douglas ( of which the father was most guiltie ) and that their Processe hath not been guided and ruled by him , nor framed according to his spleen , which would have aimed most at the old man , as accessary to the death of his Cousins , whereas we see he escapes with imprisonment onely : His sons are hardlier used , being put to death : So that it must needs have been for some other crime , whereof the acts of Parliament that are extant in print makes no mention , or particular relation , as the forme is ; and James Levingston in his speech at his death purgeth himself , as free of all true crime , what by being innocent of some , & having obtained a remission of others ; yet he mentions not what was alledged against him ; wherefore we must leave it as uncertaine . Some conjecture , that it was for keeping of some castles , and strong houses , and not rendring them to the King being summoned , against an act of Parliament made by Creighton before , by which act Creighton also himselfe was forfeited afterward ; but we know no ground for that opinion . They alledged also another act ( which only is extant ) the other not being extant ( and may seeme to sound something that way ) made in the second Parliament , in the yeare 1488. against the re-setting of rebells in castles ; which imports no keeping of houses after they be charged , or summonedto render by the Kings officers ; but only commands to arrest their persons , or to take surety , and baile for them that they do no harme : Neither is there any penaltie ( much lesse forfeiture ) annexed thereto ; only it sayes , they shall be forced and constrained to do it . This execution of the Levingstons is cast into the yeare 1447. ( after that Queen Marie , the Duke of Ghelders Daughter was married to the king ) at which time it is said , that Creighton was also forfeited , notwithstanding he had been Embassadour in procuring and making that marriage . The cause of his forfeiture is given out to be the keeping of the castle of Creighton when it was summoned and charged by an Herauld of armes , according to , & by vertue of the same act forsaid : But we have already spoken of that act , and we finde no mentionof any Parliament that year . Neither from the year 1443. until the year 1449. wherein he should have been forfeited . And this we observe , that judgment may be adhibited in the reading of those , and such like things , however Creightou thus dashed , the Levingstons some executed , some imprisoned , forfeited , and condemned , there seemed to be some compensation of the murder of his Cosins , also their assister Bishop Kennedie received his part , so it is said that he had much ado to save himself , by leaving h●…s goods a prey to them that pleased to take them . These things are imputed to the Earle Douglas as faults : why I cannot tell , unlesse we require of him that exact philosophicall disposition , to be free from all humour of revenging , which few have brought with them that have been conversant in the affaires of State , or common wealth . No not these who have been accounted as Philosophers , and that very precise ones , such were both the Cato●…s , whose common ordinary course was to be avenged of their enemies by publick accusations , and pursute of law : wherein if there be a fault , let there be no law , that permitts it , yea that allowes it , and exhorts unto it ; it is recorded of Cato called Censorius , that having met a young man in the street , who had accused his fathers enemie , and gotten him condemned , he cherished him and embraced him , saying , It was farre better so to celebrate the funerall of his father with the teares and condemnation of his adversaries , than to sacrifice with kids and Lambes . It is naturall to men to resent injuries , and as naturall to seek the repairing of them ; and he is excused who recompenses a wrong received ; and he is accounted also just who does it byorder and modestie , that hath patience to sute it , and abide the delayes of a Court-sute , it being a mean to purge blood out of the land . Neither does either Philosophie , or Religion forbid it but ; by the contrary , commands & allowes it . Only the caution is , that the minde of the pursuer be voide of malice , and his eye set upon justice : of which intention the searcher of hearts can only be the competent judge . If some Imperfections , and weaknesse of nature do mingle with the action ; we must not alwayes for that either utterly reject the action , or condemne the authour . But we must acknowledge that as right , which is right , and pardon the imperfection , which none wantes . We must not exclaime against it as if it were nothing but partialitie : Nor against the doer , as meerly vindictive , cheifely in a fact so very enormous , as the murthering of his Cosins was , wherefore if we shall without partialitie in our selves consider this whole pursuit , and give it the right name , we shall call it kindnesse to his kinsmen : equitie , justice , modestie , and patience , rather than wrong and malice : and praise him for his kindnesse , and faithfulnesse in friendship in revenging their quarrells , which hath been his very inclination , as will appeare hereafter yet not only this his just pursuite , but every thing that fell out in the countrie is laid upon him to brand him : as the slaughter of James Stuart by the Boydes , and the like : the taking of the castle of Hales by Patrick Dumbarre , which he is said to have taken , and killed the keeper thereof : because the Lord Hales had then received the Queen mother into the castle of Dumbarre : who had fled hither to eschew the troubles of the times . The Earle Douglas within a few dayes after got the castle of Hales againe , on condition to suffer the said Patrick Dumbar and his men to depart with their lives safe . Likewise he is said to have constrained Sir James Stuart ( the blacke knight of Lorne ) who had maried the Queen mother , to goe out of the countrie , upon some speeches uttered by the said Sir James against the ill government of the affairs of the kingdom : But neither is it set down what the words were , neither what sort of constraint was used towards him . This Sir James as he was sailing into France , his ship was taken by the Flemings , and he himself died soone after . The next year ( which was 1448 ) there fell out warre with England , and incursions made on both sides by the Borderers : where the Earle Douglas began again after so long an intermission ( to wit from the entrie of King James the first in the yeare 1423. the space of twenty five years ) to take upon him the managing of the warre , which his house had ever done , and he now also discharging with honour , and following the footsteps of his predecessours , for Dumfreis being burnt by the Earle of Shreusburie ( or Salisburie ) Dumbar spoiled by the Earle of Northumberland , James Douglas ( the Earles brother ) burnt Anwick in England , where having gotten great store of bootie , and many prisoners , as the others had done in Scotland , being almost equall , the & prisoners goods , & were changed byconsent & agreement of the captains . But this was onlya small assay before a greater matter , which followed this same year , as should seem , yet there was some cessation for a while , and truce taken for seven years . In which time the Earle who ( as we see ) was so zealous in prosecuting the revenge of the wrong done to his Cosins , showes another propertie no lesse commendable , which is to be as kind and forward to advance his friends as he had been to quell his enemies . For the same year James Dumbar ( Hollinshed calles him John ) Earle of Murray being dead , first he obtaines the foresaid Earles daughter ( who was Neece to King Robert the second by his daughter ) for his third Brother Archbald ; then the title of Earl of Murray from the King ; notwithstanding that she whom his brother had married was but the youngest sister , the elder being married before her fathers death unto James Creighton , of whom the house of Fenderet is descended ; how it came that he was preferred before 〈◊〉 , who married the elder sister ; whether because the titles of Earles do not go by succession unto the heirs of Line , but by the pleasure of the Prince , and that he had more court then Creighton , or whether there was some respect also had to the kinred , or what ever cause there were of it , it gave matter of speech to his enviers , and to our histories it hath furnished matter of Censure , as a wrong done to the elder sister , to whom they think it belonged : he obtained also his fourth brother Hugh to be made Earle of Ormond ; and his fifth brother John to be Lord of Balvenie , and Baron thereof , with many rich , and fruitfull lands . In which actions of his , when men can finde no ground of alledging that he did any wrong , they blame him as immoderate in augmenting too much the greatnesse of his house . Wherein I cannot but praise his kindnesse and carefulnesse , in preferring of his friends by all lawfull meanes , which is a dutie standeth with wisdom , and a right wisdom : neither was it ever , or can it be ever justly discommended , where there is no injurie committed . Whereas , not to do it ( if a man be able ) and not to seem to do so , proceeds either of carelesnes , or that which is worse , wickednesse , selfe love , and in some , envifulnesse , and malignity , even to their owne friends . Which kind of doing , deserves no commendation , when it is but carelesnesse , farre lesse when it is done of malice : last of all , when men doe not onely not labour to advance their friends , but even endeavour to keep them under , by a point of wisedome which they thinke very deep , that they may remain servants to them ; fearing that if they come to any preferment , they would not be so ready to serve them , and might perhaps grow up above them . This humour , as it is malignant , and an ill disposition , so it is no great good wisedome , whatsoever subtilty it may seem to have in it ▪ for they advert not , that they hinder them , who would stand them in stead , and cut them short in power to be steadable to them , and so cut down the props of their owne standing , and such as would support them in their need & necessity . And while they feare that their friends out-strip them , they give place and matter to their enemies to overtop them both . Now the feare which they apprehend of their friends neglecting their duetie to them , is very farre off , and if ever it come to passe , it should not be envied , providing that kindnesse remain among them , though they should grow greater then they ; and howbeit they answered not our expectation in kindnesse ( except it were joyned with extremitie of wickednesse , and perhaps not then neither ) ought we to repent , or repine ? it being much more tolerable then to bee overmatched by an enemy , as it often falleth out , and can hardly choose but fall out , when a house standeth alone by it selfe , having no honest member thereof to underprop and uphold it . Besides , while men thus seeke to make their friends altogether servile to them , their friends perceiving it ( as it can hardly but bee perceived , what ever cunning bee used to cover it ) are the lother to serve ; as mens nature is , in whom love-service ( questionlesse ) is the best : yea , onely fruitfull service . And therefore they will either repine the more , or withdraw themselves altogether , if they bee of any spirit ; and if they bee not , their service is not worth having . So that men lose even their service ( which they so effect ) and sometimes turn it by unkindnesse , into unkindlinesse and enmitie , which hath ever been found by experience : neither did ever any house flourish so well , or any man in any house , as when they concurred with one minde to a mutuall helpe one of another : and none ever prospered so well as hee , who used and shewed his care ( not to keepe backe his friends , or to neglect them ) but to advance them , and take their businesse to heart as his owne . This is a true patterne of kindnesse , and no lesse of true wisedome , howsoever men may subtillize as they please , which is seriously , and sincerely followed by our Earle Douglas , and deserveth both commendation and imitation . Neither will it bee found that this is it which did him hurt , but ( questionlesse ) made him strong , and not easie to bee medled with , and so difficult that they could get no other mean to overthrow him , but that which they used , unto which they were forced , and of which , constraint is the onely excuse , as we shall see where hee is slain . Therefore , to say his greatnesse was the cause of his wrack , is more subtle , then solid ; even as it may be said ( in some sort ) that a mans riches are the cause of his throat being cut by robbers , and that a mans vertues and good qualities are oft times the cause of his overthrow , which should not ( for all that ) bee eschewed . But shall there then bee no moderation ! ( will some say ) and is it not fit , that Subjects should keepe themselves within some cert●…in bounds , that are not envious , or suspect to Princes ? Moderation is good both in Prince and Subject , and it were to bee wished that all would moderate their greatnesse , at least their appetite and desire o●… greatnesse : or if not that , yet so that they would limit the meanes of attaining it , and the end for which they desire it ; and that they would have that wise conference of Cyneas with Pyr●…hus before their eyes , that they might lesse affect it , or lesse erre in affecting of it : But where the end is good , and the mean right and lawfull , who craves further moderation , and limitation , whether in Princes , or Subjects , of their Empire ( as Augustus ) or of their greatnesse ( as this Earle here and many others ) whatsoever shew it carry , and however Histories speake thereof , ( besides their moderation that duety and religion requires ) in so farre as touches Policy , will be found but Sophistry , and no good Policy , when it is well examined . In all this therefore wee can acknowledge no fault ; but on the contrary , kindenesse , effectuall freindship , and a due and provident wisedome in strengthening himselfe against his enemies , and underpropping his house most wisely , and most circumspectly . Where is then his fault ? ye will say , and what was the cause of his ruine ? for we finde he did ruine in the end . Truely we must not account of all that have fallen , that they have faulted , that is a great errour in our judgements , and too common , that by finding faults in others , we may be thought the wisest : yet it is not hard to finde his fault if wee will beleeve his enemies speeches set downe by our Historians ; for though his friends feare nothing , and see nothing but his greatnesse ( which is but a vain feare ) his enemies see further ( as enemies are quicker sighted ) in faults , or would seeme to espy further : in their speech yee shall finde these grosse and lewd faults . 1. An unsatiable cupidity ( and then they explain in what ) in avarice : 2. Then an impotent Tyranny , two great faults ( Tyranny and Avarice ) sufficient to bring downe , and such as oft brought down Kings let be Subjects . And that we may not think that there was but an idle disposition in him , and but a naturall inclination , which he bridled , and suffered not to debord , they tell us the effects of them . Of his 1. avarice ( and that unjust , as all avarice is , if it bee properly avarice ) He seased on Noblemens Patrimonies , hee himselfe by law , and without law : 2. Of his tyranny and oppression , He gave the Patrimony of mean men as a prey to his dependers ; and yet further , Them that withstood his pleasure , hee harried or caused make them away by theeves and briggands : he advanced new men to the highest honours , placing them in the roomes of ancient Families . If any man spake a free word , tasting of liberty it cost him no lesse then his life : These faults indeed are great ones , if they were true , and such as merited that their end should have been as it was : These are indeed errours both in policie and humanitie , in private men or in Princes , in small or great , in what ever person ; and they were worthy to be detested , and abhominated by all men , if they were true , for our Authours say not that they were true . I say again , if they were true expressely ; for they doe but report them as the voyce of his enemies , who did exaggerate things as enviously as they could ( as that amongst other speeches of theirs ) doth witnesse , where they say , That all the riches of the Countrey were heaped upon one Family : that there were so many great Earles and Barons of them , that they had so much power and potencie , that the King reigned but by their license , and courtesie as it were . As for the Authours owne judgement hereof , ( besides what he said before , that they were amplyfied in the most odious manner ) hee subjoynes these , and such like speeches as those , Many of them were true many besides the truth , and augmented above it , to procure hatred unto them . So he leaves the judgement uncertain , and tells not what things were true , and what false and augmented , which we ought to discerne and separate ( if it be possible ) to make a right judgement : for this is indeed the craft of Calumny , to mingle truth with falsehood , that something being knowne to be true , the rest may passe for such also . But Prudencie will sift , and separate them , and winnow them in a right judgement , both that which is true , from that which is false , and in every point laid against him so much as it hath of truth , from that falsehood is mingled with it for Calumniators are excellent in their mixtures , and compositions of truth and falshood , so that there is great attentivenesse required to distinguish betwixt them , yet if we will attend to them , it may be they be discerned . Let us then consider the particulars , and what particulars we find in any of those to be true , let us acknowledge it ; what is not so , let us reject as false , and reckon amongst those that are but amplified , and augmented for envie : After which rule we shall finde in effect the last three to be those which are most true . 1. The riches : 2. The number : 3. The puissance of the house and name of Douglas . And yet not simple true as they set them downe , for they amplifie them also to stirre envie , unlesse we interpret it favourably : for not all the riches of the Countrey , nor all the honour was in their hands , though there were more in theirs , then in any others at that time : yet there hath been more ( both riches and honours ) in the hands of some other before ; for the Cummines are accounted to have been greater , and that their power was beyond the Kings power : it was false , their power being but a dependant , and subordinate , and could not be supposed to have been so great , so united ( though they were of one name ) as was seen afterward . And however we find it was thought so of before in the first Earles time , yet he never used it to the Kings prejudice after that he was informed of his right , which was now out of question : but these carry no fault in them . The rest which carry fault in them , the first two ( avarice and tyranny ) are to be tried by the effects : the third ( taking to himselfe the Noblemens Patrimony ) by law and besides law : what he did by law take from them , was not theirs ; what besides law we heare of no instance given : There is a fact may seem so in the Earledome of Murray , which he tooke not to himselfe , but to his brother . Neither was that the Patrimony , but the Title and Dignity , of which we have spoken already , and it was but a small peece of matter . The fourth and fifth ( his killing and robbing by theeves , and his dependers invading of other mens Patrimonies ) are of the same quality , for we heare of no instance bearing any wrong , Neither of the sixth , and seventh , advancing of new men wrongfully , or killing of men for free speeches . And truely raising of new men , and mean men was the thing that he and all his house did ever dislike very much , and was the ground of their discord , with the Levingstons and with Creighton . And I hope no man will call his brother a new man. So that to be short , when we have sifted them all , we see nothing but falsehood , and calumnies , and aggravations to move envie , which makes it no truth : for a truth augmented or diminished , is no longer truth , though otherwise it were true in substance . Wherefore leaving these speeches as the speeches of his enemies , that is to say , for Calumnies ( as they are called , and as they are indeed ) wee will come to that which is of greater weight , and followes in the Authours owne name , Animus per se insolens , hee was of an insolent minde of himselfe saith one , which being the judgement of one of the most learned and judicious Writers , I will not contest , but leave it in the middle , and soberly crave to have it weighed , that wee may see whether there bee any necessitie to make us thinke so or not , for it is Historicall onely , which I must thinke hee hath found in fact as he hath had leisure , and perused his Histories , of which we are scarce ; to wit , that he grew by successe to that impotency of commanding his affections , that he had his eares closed from the free admonitions of his friends . Nothing is more pernicious , nor is there a more certain prognostick of ruine to follow , then when men are so puft up with the opinion of their owne wisedome , that they disdain and contemne to heare , and to weigh the judgement of others . Yet this that followes is an extreame high degree of it , that men might not dissemble their minds in silence , to hold their peace at those things which they could not approve , was not sure nor safe for them , which ought to be safe for all men , to say nothing , and keep their minds to themselves and God ; which no other man , no not a mans selfe can command altogether . He is obedient that obeyes in the rest : The minde is his that made it , and can search it , over which no man should usurp . The cause of all this ill followes ; the aboundance of flatterers , and giving eare to them : a naturall , but a pestiferous fault , naturall to all great men , and small in their owne kinde : men are given to delight in what they beleeve , and to beleeve easily most good of themselves , whom they love most of any , and for aboundance of flatterers , who wants them ? Diogenes said he had his owne Parasites , the mouse was if men failed ! yea , men never fail , and perhaps failed not him ; hee whom all the world flattered . King Alexander , did he not flatter Diogenes ? what was his speech to him but a flattery both of himself and Diogenes ? or else anerrour concerning them both , when he said , If I were not Alexander , I would be Diogenes . So common is it , so naturall is it , but notwithstanding , it is hurtfull , and to be avoyded , and the more carefully to be taken heed of , the more common and the more naturall it is : he hath the fairest of the play , that is most wary of it , and accounts it his greatest perfection , to know his imperfection ; and he is most accomplished that best knowes his defects , and wishes for helps , and knowes he hath need of them . Out of doubt these were enough to bring down more then one Earle of Douglas ; as for that which is further said of him . His old enemies were drawne to law to plead their cause before the same man , both judge and party , of whom many were spoyled of their goods , some of their lives ; some to eschew the injust judgement , tooke voluntary exile unto them ; and that which is said of their dependers , they overshot themselves , carelesse of all judgements ( because none could contend with them in judgement ) To all sort of licentiousnesse , robbing , and stealing holy things , profane things , and slaying them they could get their hands over : neither keeped they any bridle ( or measure ) in their wickednesse . Of all this concerning his dependers , being so generally and almost hyperbolically conceived : I could wish among so many , that there had been some instance set downe , that we might the better have knowne it , and discerned it . This ( I am sure ) cannot be without hyperbole : that they did commit some gratuit wickednesse ( that is , such as was for no good to them nor profit ) and without gain , pleasure or profit , having no cause in the world for them , but onely to keep their hands in ure of wickednesse , lest being disaccustomed from ill , some honest thought might come into their minde , that might tame them from their wickednesse and vilenesse . So strange a conclusion would have had cleare and plaine antecedents , and not a few of those . It is hard to beleeve this upon any mans word , chiefly such a one as lived not in those times , nor was an eyewitnesse ( as we say ) of things , who by such speeches would have us to conceive more then he could , or by any could be expressed in words . But what one man could only gather out of Histories , we might also ●…ve gathered by the same Historie , if he had named his Authors , or showne the way of his collecting of it from thence . But there being no footsteps of such enormities in the Histories which we have , that can lead us to this , I know not if we be bound so to reverence any mans person , as to receive it absolutely . That which followes , is of the same kinde , wherein the evils of those times are amplified , That it fell out well for Scotland that England had their owne civill warres in those dayes , otherwise Scotland had sunke under the burden . For first their civill warres from this time ( which was from 1444. untill 1448. ) were not great , and but secret grudgings onely . The commotion of Blue-beard was not untill 1449. and in Kent by John Cade in 1450. Then the forraine warres with England might have moved the discord at home , as they have done often , and men fit for warlike employment , and given to arms , should have had matter to exercise themselvs upon the common enemie , who in time of peace , for want of such employment as they are inclined to , are the cause of much evill at home . Last of all , we finde the contrarie by experience : for notwithstanding of these dissentions and disorders , yet they obtained a notable victorie of the English by the same Douglasses who are accounted so disorderly in time of peace , but have ever proved in the eyes of all men honourable , and dutifull in warre , their enemies not being able to detract from their manifest and evident worth . The occasion of this victorie fell out thus . Wee heard how after the burning of Anwicke by James Douglas , younger brother to the Earle , a Truce was taken for seven yeares : notwithstanding of which , in this yeare ( as would seeme ) or in the next at farthest , the English ( without any regard of the Truce ) made inroades upon Scotland , spoyled , forrowed , and burnt the Villages farre and wide where they went , which the Scots would not suffer to passe unrevenged . Wherefore to cry quit with them , they entred England , and returned unto them as much hurt as they had received ; and the storme fell chiefly upon Cumberland , from whence the beginning of the troubles had arisen , which was by this incursion almost redacted to a wildernesse . When newes hereof were brought to London , they gave order for levying of an Army of 40000. men ( as some write ) intending to bring Scotland under their subjection , which they thought would not be hard to doe , in respect the Countrey had beene so lately wasted and impoverished , as also ●…or that they knew their divisions at home . Therefore having made a levie of the best and choice souldiers , the Earle of Northumberland is made Generall , and there was joyned with him a certaine man called Magnus ( onely a Gentleman borne ) who had given good proofe of his valour many times in France , where he had beene brought up , and trained in the warres from his youth . This man bearing great hatred to the Scots , and being too confident of his owne sufficiency , is said to have obtained of the King of England , for the reward of his service , whatever lands he could winne from them , for himselfe and his heires in perpetuall inheritance . He was remarkable by his long and red Beard , and was therefore called by the English Magnus Red-beard , and by the Scots , in derision , Magnus with the red Maine , as though his beard had beene an horse Maine , because of the length and thicknesse thereof . The Manuscript calleth him Magnus with the red hand , taking the word ( Maine ) for the French word , which signifieth an hand : but the attentive Reader may perceive the errour , and how it was a word meerely Scottish , and used by the Scots in derision . The King of Scots hearing of this preparation in England , caused also levie an Army , wherein he made the Earle of Ormond ( George , or rather Hugh Douglas ) Generall , who immediately went into Annandale , through which the English Army was to come . Both sides being thus prepared , the English having passed the Rivers of Solway and Annand , pitch their Camp upon the brinke of the water of Sarke . The Scots marched towards them , and they hearing of their approach , made themselves ready , so that being come within sight one of another , they ranged their men in order of battell . In the right wing of the English Army was this Magnus with the red Maine . ) In the left Sir John Pennington with the Welsh men . The middle battle was led by the Earle of Northumberland himselfe . On the Scots side was the Earle of Ormond in the middle battell over against Northumberland , and William Wallace of Craiggie opposed Magnus , and against Sir John Pennington was placed the Knight of Carlaverocke , called Maxwell , and Johnston of Johnston , with many inland Gentlemen , ( saith the Manuscript ) because they had no great confidence in their owne Annandale men , who were more set upon spoile then victorie . Ormond exhorted the Armie in few words , telling them , That they had great reason to hope for the victorie , because they had taken armes , being provoked thereto , and that it could not be , but that so just a cause should have a happy event . Onely behave your selves valiantly , abate the pride of the enemy with a notable defeat , and so you shall reape a long lasting fruit of a short travell . When the English Archers did annoy the Scots with their arrowes from afarre , William Wallace cried out with a loud voice , so as he was heard by his followers , Why should we stand still thus to be wounded afarre off ? Follow me ( sayes he ) and let us joyne in hand stroakes , where true valour is to be seene : and so marching forward , and the rest following his example , they made so fierce an onset , that they quite overthrew the right wing thereof . Magnus perceiving that , being more mindfull of his honour acquired in time past , then of the present danger , resolved either to restore the battell , or lose his life with credit , pressed forward against Craiggie Wallace to have encountred him , and ere he could come at him , he was encompassed about by the Scottishmen , and slaine : his death put the English in such a feare ( for they had great confidence in his valour and conduct ) that they without any further resistance turned their backs , and fled in great disorder . The Scots pursued so fiercely and eagerly , that there was more of the enemies slaine in the chase , than in the battell , chiefly upon the brinke of the River of Solway , where the tide being come in , the river was not passable , and such as adventured to take it were drowned . There were slaine in this battell 3000. English , and amongst those their great Magnus , and the Scots deadly enemie , who had presumed so of victory . A notable example to teach men not to be over confident in things of such uncertaine event , as are the warres ; and ( as our proverb is ) Not to sell the beares skin before he be slaine . There were slaine besides him eleven Knights of good account and note . Of the Scots were lost but 600. There were taken priloners a great number , amongst whom were Sir John Pennington , and Sir Robert Harington , Knights , and the Lord Percie sonne to the Earle of Northumberland , whilest he helped his father to his horse , who thereby escaped taking . There was also so great store of spoile gotten , as no man remembred so much to have beene gotten at any battell before . For the English trusting to their number , and the strength of their Armie , together with the opinion of their enemies weaknesse , through dissention and variance ( as they supposed ) had brought with them their best furniture , and richest stuffe , in full assurance of victorie , Wallace of Craiggie being sore wounded in the fight , was carried home , and died within three moneths after . The Earle of Ormond having gotten this honourable victorie , conveyed the chiefest of the prisoners to Lochmabane , and then repaired to Court , where he was joyfully met , and received of all , with all sort of honour that could be , envie it self not daring to open her mouth against him . The King did highly commend him for this exploit , and exhorted him and the Earle Douglas his brother , That as their foregoers had often , as they also had done , defended the Estate of Scotland with their labours , and vertue , in most perillous times , and had given large proofe of their valour and courage : That so they would at home accustome themselves to modestie : That they themselves would abstain , and that they would containe their friends from injuries toward the weaker sort : Their power and puissance , which they had acquired by so many their great deserts , towards their Kings , his Predecessours , and the Countrey , that they would employ it rather in suppressing of robbers and disorderly men , then to make new of giving way to it by connivence ▪ That this only was lacking to their full praise , which if they would adde , they should finde by experience there was nothing more deare unto him then the advancement of the House and Name of Douglas . To this the Earle Douglas replied ( he being the elder brother , and finding that this speech was chiefly directed to him ) with great submission , and promised to doe as his Majestie had exhorted them : and so they were dismissed , and returned home to their owne houses with great honour and applause both of Prince and people , to whom they had by this victorie purchased great quietnesse . For neither were the English Borderers able to invade them any more , nor the King of England to send downe a new Army ( which faine he would have done ) by reason of the civill warre which ensued shortly after at home . So that he chose rather to have peace with Scotland , in regard of the case he was then in , then warre . Wherefore he sent Ambassadours , and obtained a Truce for three yeares , the Scots thinking it no lesse expedient for them in a case not unlike to his , through intestine dissention , though not open insurrection against the King. For notwithstanding all this service done to the King and Countrey , the malice of such as were the enemies of the Douglasses was no whit abated ▪ nay , their worth the more it was showne , and the more brightly that it did shine , it did so much the more stirre envie in their ill-willers , whose secret practises still continued , and whose credit in Court seemed still to increase against them . Creighton , who before had beene sent Ambassadour to Charles the seventh of France , for procuring a wife to the King , had concluded a match for him with Mary daughter to Arnold Duke of Gelders , who by her mother ( the Duke of Burgundies sister ) was come of the Bloud Royall of France , was now returned into Scotland with her in this yeare 1448. This service and her favour increased his credit greatly with the King ; which the Earle Douglas perceiving , was nothing pleased with it , but being discontented , obtaining leave of the King , he withdrew himselfe from Court , seeing his errour of having beene contented that Creighton should be imployed in that honourable message , thinking himselfe well rid of him by this his absence ; which practice of Court succeedeth sometimes happily ( as it did against the Boyds in King James the thirds time , in the very like case ) yet it did not so now , but turned to the greater advantage and advancement of his enemie . Creighton was well contented with his retiring , esteeming it his gaine to be so rid of him from the Kings eare and presence . Whilest they concorded thus in their discord , both willing one thing in so contrary mindes ( to wit , the Earle Douglas absence ) there fell out an accident that occasioned his longer absence , not from the Court onely , but out of the Countrey also . Richard Colville of Ochiltree was an enemy and bare deadly feud to John Auchenlech of Auchenlech , a friend and depender of the Earle Douglas ; whom the Earle having sent for to come to him to Douglas Castle for such businesse as he had to do with him , the said Richard having notice of the said Auchenlechs journey , notwithstanding he knew he went toward the Earle , whether stirred up by the Earles enemies at Court , so to put an affront upon him , or leaning to their credit for impunitie , or out of impatience , or presumption , or contempt of the Earle in respect of his withdrawing from Court , not regarding him , or fearing his displeasure or anger , he lay in wait for him by the way , and set upon him with a number of armed men , where , after some small conflict , Auchinlech was slaine , and divers of his friends and servants with him . The Earle Douglas having notice hereof , the fact touching him so neerely in the person of his friend and follower , in his service , comming toward him , and sent for by him , he was so incensed therewith , that whether distrusting the ordinary course of justice ( as wherein he might be eluded by his enemies then guiders of Court ) or impatient of delay , or not accounting it so honourable for him , nor so awefull in example to others , concluding immediately to revenge it , and vowing solemnly he should be avenged before he either eat or dranke , he tooke horse immediately , and with the readiest of his friends rode to the Castle of Ochiltree , forced it , and slew the said Richard Colvill , and all the males within the Castle that were come to the age of men . This opened the mouths of men diversly , according to their diverse humours , some condemning his cruelty , some commending his courage , some saying that he had gone too farre , and done too much ; others that he could doe no lesse , that he had just cause , and that he had been ill used , his friend slain , his honour interessed , that such kinde of justice best became him ; his enemies at Court tooke hold of it , aggravating it to the King , an insolent fact against law and custome , and however Colvill had deserved it ( which they could not deny ) yet it was a perillous example , prejudiciall to all order , and to the King , to whom the punishing of such things belonged ; So that the King became highly offended therewith . Hereupon the Earle Douglas , partly to give place to his Princes anger , partly upon some remorse ( as all bloud hath ever some touch and sting of Conscience with it : ) the next yeare beeing the yeare of Jubilee , hee purchased a license from the King to goe to Rome , pretending he would doe pennance for the said slaughter , ( but as his enemies did interpret it ) to shew his greatnesse to forraigne Princes and Nations . Before hee tooke his journey , having a care of his house , and being out of hope to have children of his owne ( as having been seaven or eight yeare married without children ) he procured his second brother James to be received by the King , and confirmed in the Earledome after himselfe . There went with him in company a great number of Noblemen and Gentlemen , such as the Lord Hamiltoun , Gray , Salton , Seaton , Oliphant and Forbesse ; also Calder , Urwhart , Cambell , Fraiser , Lawders of Crumartie , Philorth and Basse , Knights , with many other Gentlemen of great account . Hee went first to Flanders , and from thence by land to Paris , where he was honourably received by the King of France , whom some call Lewis the eleaventh , but it must needs be Charles the seaventh , who lived till the yeare 1460. some tenne yeares after this Jubilee , which behoved to bee in the yeare 1450. The remembrance of the good service done by his Uncle at Bauge , and his Grandfather at divers times , and at last , for spending his life for him at Vernoile , was not yet worne out of Charles his memory , in regard whereof , and for the place he carried , and the publick League between the Countreyes , he omitted no kind of honour undone to him that was fit for his qualitie and ranke : from thence he tooke his journey towards Rome , which was filled with the expectation of his coming . He had taken from Paris with him his youngest brother George , a young man who was there at Schooles , and of whom there was great expectation ; but he died by the way , to his great griefe , he is said by the manuscript , to have been nominated Bishop of Dunkell , and that he was to be inaugurated at Rome ; Buchannan also saith it , perhaps following the manuscript : but they both forget that his eldest brother Henry is said by the same manuscript , in the life of their father , to have beene Bishop of Dunkell : and this George died before he was fifteene yeares of age . I take it also to be an oversight in this same Buchannan , that hee saith that this George was destinated to be Earle by the Kings permission , after his brother , who had no children . For it is against reason that hee being youngest of many brethren ( worthy men ) should have been preferred before them , while he was but yet a childe at school . While the Earle was thus in his pilgrimage , his enemies slept not at home , but taking the opportunitie of his absence , did both blame him at the Kings hand by all invention they could devise , and stirred up such of the common people as had received any wrong of any man , to complaine to the King , alledging they had received it by the Earle Douglas friends or servants , and by such wayes moved the King to cause seeke Siminton , then Bailiffe to the Earle in Douglasdale , and to cite and summon him to answer to such crimes as were laid to the Earles charge , for the actions ( perhaps ) of his dependers and clients , or ( at least ) for such things as his Lord had neither commanded , neither ( happely ) heard of . Siminton looking for no equitie at their hands , who moved such a citation , choosed not to come into judgement , suffering things to passe rather for non-compeirance , than to compeire , not knowing the state of things , nor how to answer , having neither knowledge of them by himselfe , nor direction , nor information from his Lord. Upon this occasion his enemies laid hold , interpreted this his non-compeirance in the most odious sort , and called it contumacie , and what grievous name they could devise . So they moved the King to send his servants and apprehend him , and would gladly have proceeded with all extremity against him , exclaiming against his presumptuous contempt of the King , and telling the King , that his royall authoritie was become a mockerie , and despised by every base fellow : That by his lenitie he did but foster the malapertnesse of the wicked sort : That by impunitie new doores were opened to new misdoers : with such other speeches , in the most vehement maner they could , to have dipped the King in bloud , and cut off all hope ( as farre as in them lay ) of reconcilement betwixt them . But he , not being so farre alienated as yet from Douglas , howbeit the complaints of so many had stirred up some dislike , and taken impression in his minde , was not moved with their speeches in that high nature , but persisted in his opinion to recompence the Complainers in their losses of goods by goods , but not to meddle with any mans bloud : wherefore he caused Siminton to be set at libertie , and commanded him onely to satisfie the Complainers . But hee who could neither answer without information , nor satisfie without direction , humbly besought his Majestie , that since he had not information , and could not answer , being but a servant , and unacquainted with businesse ; seeing also he was not Collector of his masters rents , but onely commander of his servants , it would please him to delay the matter till his Lord returned , ( whom he expected within few moneths ) who ( he doubted not ) both could and would answer to whatsoever complaint , and satisfie sufficiently at his Princes pleasure whatsoever dammage he should have beene found to doe to any man. This seemed most reasonable , that the Earle himselfe should be heard first , and not condemned unheard , and in his absence ; and there could bee no great prejudice in a short delay . Wherefore the King condescended to it , and yet notwithstanding being importuned by the multitude of new complaints , he sent William Sinclair Earle of Orkney ( a near Cousin to the Earle Douglas ) being Chancellor for the time , to intromet with his goods and rents in Galloway and Douglas , to satisfie Complainers therewith : but it was to no purpose , for hee was eluded , and almost mocked by the tenants . He alledged , and reported to the King , that was done by the instigation of the Earle of Ormond , that he was so frustrate ; for the Earle Douglas had committed to him the mannaging of his estate in his absence , and he greatly disdained that Orkney , being so neare of bloud and alliance to them , should have undertaken that charge . The King irritated herewith , as a contempt of his authoritie , caused Heraulds to be directed ( or Pursevants ) to summon all of the name of Douglas , and their favourers , to compeire upon a certaine day , and the Earle himselfe within threescore dayes ; which being expired , and none compeiring , they were denounced Rebels . Then the King himselfe went with an Army into Galloway , where at his first entrie , having forced their Captaines to retire to their strengths , a small number of his hoast , whilest they followed the Rebels uncircumspectly through strait places , were beaten backe upon the King , not without some disgrace . The king moved with great indignation hereat , went and assaulted their chiefe fortes : And first he tooke the Castle of Lochmabane without great trouble or travell ; thereafter with great toile and wearying of his men , the Castle of Douglas , which he razed to the ground . He commanded the Farmers , Tenants , and Labourers of the ground , to pay their Meales to his Collectours , untill such time as the complainers were satisfied with their Lords goods . These things being reported ( thus as they were done ) to the Earle Douglas while hee was yet at Rome , moved him greatly , and greatly astonished them that were in his company ; so that many withdrew themselves , fearing what it might turne to ; and he , with the few that remained with him , made what haste they could homeward . As hee came through England , hee was honourably entertained by the King and Queene there : but when hee approached neere to the borbers of Scotland , hee stayed a little time , and sent his brother James before to trie the Kings minde toward him ; which when hee found to be placable , hee returned home , was kindely received , and lovingly admonished to put away from him disorderly persons , especially the men of Annandale , who had in his absence committed many outrages and cruelties . This when hee had faithfully promised to performe , hee was not onely received into his former place of favour , but was made also Lieutenant Generall of the whole Kingdome of Scotland . And this was the bitter fruit of his perillous Pilgrimage , that hereby hee loosed the reines to his enemies , and gave them power so farre to prevaile , as to embarke the King in open quarrell against him , even to the casting downe of his Houses , and intrometting with his Revenues . This notwithstanding was either his wisedome , or the account and respect of his place and person , that the King , who had done him such harme and disgrace , could bee contented so to forget it , receiving him so farre into favour , and advancing him , whatever blame or imputation may bee laid upon him for his journey , which was so rashly taken on , and which had so dangerous a sequell ; yet this retreate from that storme cannot but bee commended , and his dexteritie ( whatever it were ) acknowledged to have beene great , which guided him through such billowes and surges to so peaceable a Port and Haven . And it were to be wished that Writers had set downe by what means this was brought to passe , for the more perfect understanding of the History ; but we must beare with this amongst many more defects that are to be found in them . Now what ever wisedome ( though undescribed in the particular ) may appeare to bee in this ; as much unadvisednesse is evident in that which hee did immediately after , in his journey to England . For without acquainting the King , hee went to the Court of England , and had privie conference with that King and Queene , hee pretended that it was for restitution of some goods taken out of Scotland , and not restored by the Wardens of England : but this cause , the lighter it was , the greater suspition did it move in his owne King , who could not thinke it probable , that hee being of that place , of that courage , of that nature , would upon such an occasion onely , take such a journey : The true cause is thought to be , that he went to treat of certaine conditions for his assistance to be given to the King of England against his Nobilitie , with whom he was then in hard termes , the warres of the house of Yorke beginning to spring up , which increased afterward so mightily , and prevailed , to the ejecting him out of the Kingdome . This the Queene of England either foreseeing , or fearing some other such like enterprise against her husband had dealt with the Earle Douglas when he came home through England from Rome the yeare before , to strengthen them by his help , and appointed him to return for performance , and perfecting of all conditions of agreement . But we finde no effect of this agreement and conditions , whether because that conspiracie of the Duke of York was not yet come to maturitie , and so Douglas was not employed , being prevented by death ( which fell out shortly a●…ter this ) or because they were not fully agreed , is uncertaine . Neither is it specified what the conditions were : onely it is conjectured , that they were the same , or such like , as the same King ( Henry the sixth ) granted afterward to the Earle of Angus in the time of King James the third , which if they were , they were no wayes prejudiciall to the King of Scotland ( as shall appeare there ) yet being done without his knowledge , it gave occasion either to the naturall jealousie of Princes to think hardly of it , by his owne meere motion , or to his enemies , so to construct it to the King , and stirre him up by their speeches to that suspicion which he enclined to . Of both which he ought to have beene warie , and not to have given such ground to the one , or to the other , by such a journey undertaken without the Kings allowance . Whether at his returne he acquainted the King with what had past betwixt him and the Kings of England , it is not certaine , and our Writers seeme to say the contrary , yet in that hee brought letters from the Queene of England to the Queene of Scotland , and shee thereupon interceded for him , it is not improbable that he hath acquainted her ( and so the King also ) with the truth of the whole businesse : which whether the King did not beleeve , or if his jealousie remained not the lesse , and that hee was not willing there should bee such an accession and increase of the Earles greatnesse , who ( he thought ) was greater already then was safe for a King ; hee pardoned him the fault at the intercession of the Queene and some Nobles , but he tooke from him the Office of Lieutenant , and all other publicke charge , that so he might be made unusefull and unsteadable to the King of England , or at least not so able to aid him , and so he might be frustrate of the conditions so liberally promised unto him from thence . Hee ●…estored also his old enemie Creig●…ton to the Office of Chancellour , and the Earle of Orkney was made Lieutenant . Thus not onely disappointed of his hopes , but disgraced at his Princes hands , both by being himselfe depressed , and his enemies advanced , he was incensed against all the Courtiers , taking all to proceed from their instigation . But more especially his anger was bent against Creighton , both as the ancient enemie of his House , and also as the chief Authour of all this present dis-favour by his surmisings , transported herewith , hee gave way to his passion to carry him to a course somewhat more then civill , which untill that time hee had tempered , retaining it with the bridle of equitie , and himselfe within the compasse of the lawes . Now whether altogether , and onely for these causes foresaid , or if irritated by a new occasion of malicious speeches uttered by Creighton ( That the Kingdome of Scotland would never be at rest so long as the house of Douglas was on soot : That in the vuine thereof stood the good of the Realme , and peace of all Estates : That it was necessary a man of so turbulent a nature , so puissant and powerfull by his Kindred and Alliance , whom no benefits could appease , nor honours satiate , should hee cut off , and the publicke peace established by his death , ) or if Creighton contrived this speech to make Douglas the more odious , and his owne quarrell seeme the juster against him ( for both are written ) so it is , that the Earle caused certaine of his friends and servants lie in wait for him as hee was riding from Edinburgh toward Creighton : but he escaped , being acquainted with the plot ( as some write ) well accompanied , and excellently well mounted , but not without being wounded himselfe , and having slaine some of his adversaries in his escape . Others , attribute his escaping not to any foresight or fore-knowledge , but sayeth that hee was assailed in the night at unawares , and being astonished at the first , yet afterward recollecting himselfe ( for he was a man of good courage ) hee slew the formost he met with , and having received some wounds , brake through them , and saved himselfe in Creighton Castle , where he remained not long ; but his wounds being scarce well cured , he conveened his friends , and coming on the sudden to Edinburgh , had almost surprised the Earle Douglas , who was there in quiet manner , and looked for no such thing , but he getting advertisement hereof , did advertise the King that he could no longer end●…re Creightons hidden malice and practises against his life , and estate , and his now open attempts also : wherefore hee desired to bee excused , th●… hee could no more repair to Court , so long as Creighton was there , and so retired himselfe to his house to remain as a male-content for a season . In the meane time finding his enemies thus to increase in credit at Court , and with their credit ( as commonly it cometh to passe ) in number and power , hee , to strengthen himselfe also on the other side against them , entered into a new confederacy with the Earles of Crawford , and Rosse , men of greatest puissance and force next the Douglasses , that were in Scotland in their times ; or rather he renewed the old friendship that had been betwixt them . For their houses were in old time in great friendship with the houses of Douglas ( as hath beene shewed ) and the house of Crawford was particularly obliged unto them by divers good Offices , from the dayes of Robert the second : and in this same mans time had been helped against the Ogelbees at Arbroth : as his father also had at the Earle Douglas desire spoyled the Bishop of Saint Andrewes ( Kennedies ) lands : And besides , this Beatrix Douglas ( the Earle Douglas Lady ) was daughter to one of the Earles of Crawford , and could not but bee of kinne to this Earle . The summe of their band was , That they should every one assist and defend another , together with their friends and dependers , against all men : That they should have the same friends , and the same enemies , with reservation alwayes , and exception of their duety to their Prince . But whether this band was made of new ( as some write ) or if it were of old continued from hand to hand , and then renewed as though it were intended in speciall against Crcighton and his partakers , and due exception of the King expressely contained in it , is uncertain : however , they so possessed the King , that hee interpreted all as done against himselfe . And therefore matters being come to publick Hostilitie betwixt Douglas and Creighton , and the Countrey divided into factions , when the Earle of Crawford and Rosse had sent to Creighton , and given up all friendship with him as an enemy to their dearest friend , by vertue of the foresaid League ; hee acquainted the King therewith , and with all vehemencie exaggerated the League , as a conspiracy against him and his royall Authority , and that it was very dangerous for him when such great houses , and powerfull men had combined together . The King apprehending it to bee so , having once settled that opinion in his minde , did upon that ground build all his interpretations of the Earle Douglas actions , and framed his owne actions accordingly against him ; Neither was Douglas so fortunate , or circumspect , as to avoid the occasions of fostering that opinion in the King : but ( as commonly happeneth ) when ruine is to come on men , all things worke that way , so fared it with him in two facts . The first was on the person of the Lord Hanris , who was too hardly used of him , as appeares : The other on the Tutor of Bombee , more justly ; yet so , that his carriage in it seemed to confirme that which his enemies alledge against him , that he exercised his authority , and used his priviledges more absolutely then the King had reason to be contented with . The occasion of the first , and the forme thereof was , Sir William Harris of Terreglis having been the Earle Douglas ancient dependar , had now in this frowne of Court , and diversity of factions ( whether to please the Court , and because he accounted it justest to follow it , or because indeed he misliked things done by the borderers who followed Douglas ) withdrawn himselfe from his dependance ; and if he sided not openly with the other party ( which hee could nor durst hardly doe , lying so neare to Douglas ) yet did hee not follow him as hee was wont , and so either by a reall enmitie in private , or a kinde of neutrality in publick , had procured the like behaviour of the Earle to him , to behave himselfe as neutrall in his affaires : and as hee had abstracted his dependance and attendance from him , so the other abstracted his Protection from him . This when the Annandians perceived , they ( ready upon all such occasions ) made a rode , and furrowed his lands : hereof when he complained to the Earle , and had received answer according to the foresaid coldnes betwixt them , he would needs attempt some redresse by his own power ; and hereupon assembling a number of his friends , he rode into Annandale to have rendered them the like , and either to recover his owne , or repaire his losses out of their goods . But he was overthrowne by them , and taken prisoner , and so brought to the Earle Douglas , hee esteeming him as his owne servant , and taken within his bounds where his jurisdiction ( by regallity or otherwayes ) was extended , put him to assise . They of the Jury found him guilty , being taken after hee had seized the goods , ( with red hand as they term it ) and so being convict of theft , he was condemned , executed , and hanged as a thiefe , and that notwithstanding the Kings earnest request for his life by letter . A pitifull matter , and greatly to be lamented ! and though he had some colour of justice , yet it tasted not so much of justice as of malice ; no not of indifferency ( which would be injustice , having eye to the due circumstances ) so much as of partiality , joyned with contempt of the King , and his equall request ; and so it was constructed , and gave more just occasions to his enemies surmising , and the increasing of the Kings indignation , which by yeelding , and remitting a little of his priviledges , and showing respect to the Kings entreaty , he might have mitigated in some measure ; and that without any danger he could have incurred by the said Lord Harries enmitie ( although he should have been his enemy , and perhaps he might have regained him to his friendship by remitting the offence . ) The other fact which ensued upon this , not so unjust , but made as odious ( as carrying the odiousnesse of the other with it ) was , Macklalane Tutor of Bombee , the chiefe of that name , and one of the principall houses in Galloway , falling at odds with a servant of the Earle Douglas had slain him , and was therefore with his brother who was partaker of the slaughter ) apprehended and put in prison in the Trevie , a strong house belonging to the Earle . His friends made means to the Courtiers , and by them to the King ; informing him that Douglas carried a spleene against the man , more for being a friend , a favourer and follower of the best side ( so they called their owne ) then for killing of the man : wherefore they besought him that he would not suffer a Gentleman of his rank , who was also a good man otherwise ( however that had fallen out in his hands ) to bee drawne ( not to judgement , but ) to certain and destinate death , before one , who was both judge and party . By this and such like information ( whereby the eares of Princes are deceived , while men go about to withdraw their friends from due punishment ) they perswade the King to send for Bombee , and take the triall and judgement of him in his own hands , desiring the Earle Douglas , that i●… he had any thing against him , he should come and pursue him before the King. Amongst the furtherers of this sute Patrick Gray of Fowls ( uncle to the Tutor ) was chiefe : he was directed with the Commission , as one that both would be earnest therein , being so neare to the party , and would also bee respected , being some way in kinne to the Earle ; Douglas having notice of his Commission , and perceiving thereby they meant no other thing , but to defraud him of justice for killing of his servant ( which he thought he could not suffer with his honour ) that he might doe what hee had determined the more calmely , and with the 〈◊〉 offence ( as hee thought ) he courteously received the said Patrick Gray , and intertained him with diverse purposes , and caused the Tutor in the meane time to be tried by an Assise , and being condemned , to bee quickly conveyed a mile from thence to a place called Carling-work , and there executed . Afterward when Patrick Gray ( ignorant of what was done ) had delivered his Commission from the King ; he answered , he was sory he was come too late , and then told him what was done , and desired him to excuse him to the King. When he heard that , and saw himselfe so deluded , he presently ( in a great chafe and rage ) renounced all kindred and friendship , and whatsoever band besides might seeme to tie him to the Earle ; vowing that from that time forth he should be his deadly enemy in all sort , and by all means he could , which the other little regarding , dismissed him : But however he little regarded it , the French Proverb proveth true , and is worthy to be regarded of all men , That there is no little enemy : for he had the power to be his death afterward with his owne hands , and plotted it by his Counsell , or set it forward , being plotted and devised by others : for being come to the King , and relating the issue and effect of his message , all was by him and the other Courtiers of the faction aggravated in the most haynous sort : That the Kings commandments were contemned , eluded and mocked : That it was likely that the Earle Douglas was King : That doubtlesse he aimed to be so , yea , hee behaved himselfe already as such : That that was the meaning of his private conference with the King of England , on that ground he gave licence to slay so many honest men , to spoil and robbe : That innocency now was contemned for brutishnesse , faithfulnesse to the King punished for unfaithfulnesse : That by the Kings indulgencie the common enemy was become insolent : That it became him once to take upon him his place as King , and do things by authority , and by his power , that then it would appeare who were friends , who were foes . These , and such as these , were the speeches of the Courtiers and interpretations of his actions : such as it pleased them to make , following their humour of faction or judgement . But they neither considered the equitie that was done in punishing bloud by bloud , nor the authority by which it was done , for hee had authority and sufficient jurisdiction of old granted to him , and given by former Kings to his Predecessours and their Heires for his service . Neither did they observe what order and formality hee kept in his proceedings , nor his honour interested in the revenging his servants death : Neither what scorne to him it was on the other part , if he had sent the party : having thereby his priviledges , infringed , his servant slain , and no satisfaction for it , but to bee eluded by a Commission , purchased by his enemies , justice defrauded , and the guiltie pulled out of his hands : and by their credit with the King , procuring him to hinder justice , who should have beene the furtherer of it , onely upon their particular private motion , and by their factions , inclining of his Majesty that way . Upon these considerations , what had beene more extraordinarily done , would have beene excused by the same men , in another then Douglas . Now in him ( though done orderly ) it is thus traduced , aggravated , exaggerated , amplified , and named contempt of the King , and affecting 〈◊〉 Crowne . Such is the misery , when Princes are moved by parties , to command or request things that are unjust , there being perill and inconvenients , either in obeying or refusing their requests , receiving hurt and prejudice in their rights , scorne of their adverse party , or denying to offend whom they would fain serve : and happy is that man that can steere aright betwixt these rocks ! Happy hee who falleth into the hands of such a Prince , as measureth and moderateth his commands according to equitie ; or if they bee inique , when it falleth out so ( for what Prince may not fall into such weaknesse ) who tempereth his passion , and moderateth his minde , in the just refusall thereof , taking it in good part , and accounteth not his authority contemned , when an unjust command is refused by his Subjects . Whether it were on the displeasure of this fact , or jealousie conceived of this and other actions of the Douglasses , it is hard to discerne : but so it was , that his enemies making use for their owne ends of the Kings credulous suspition , prevailed so farre , that they perswaded the King to resolve to make him away ( and seeing it could not bee done by open force ) in any sort it could bee done ; whereof when they had advised of all the meanes they could , this they found to bee the most expedient way , that hee should bee sent for to Court , by faire promises , and being come , the King should enter into termes of quarrelling : And thereupon they that were appointed for the purpose , should dispatch him . So they caused a certain Courtier of their faction , but such an one as was free from all suspition of bearing enmity to the Earle , to addresse himselfe to a Gentleman , who was Douglasses friend , and to shew him how Creighton was retired to his owne house , and that in his absence it were fit the Earle should take that good occasion , to come and see the King , with whom hee might bee assured to finde favour , if hee would crave it humbly ▪ and this hee told as a great secret , not to bee revealed , but to his Lord , and dealt earnestly with him to follow this advice . The Gentleman beleeving , went and dealt very earnestly with his Lord , but hee suspecting Creightons craft , and having the murther of his Cousins before his eyes , flatly refused to goe thither , where he had so many enemies , so potent and of so great credit , and some of which ( had not long agoe ) lien in wait for his life , unlesse hee saw assurance of his life and liberty . Hereupon he was directly sent for to come to Court , with promise of all freedome , and with assurance under the broad Seal : and to remove all feare & doubt that he could conceive , the Noblemen that were present at Court were moved to send a warrant to him , subscribed with all their hands , and sealed with all their seals , with the greatest oathes and protestations interposed therein that could be ; and not onely so , but every man wrote his owne particular letter apart , assuring him of the Kings good will ; and further promising him , that if it should so fall out , that the King would be so disposed as to breake his faith and promise , and to interprise any thing against his person , life , lands or liberty , they should send him home safe neverthelesse : What could hee seeke more at their hands ? Or what could hee devise more ? And who would have doubted after such assurances ? Yet , that hee might not onely repose upon his enemies credit all his safety , hee accompanieth himselfe for his honour and suretie with as many as might secure him , and keepe him free from being in danger of any private mans forces . So relying ( for the Kings part ) upon his safe Conduct , and the Nobilities credit interposed therewith , hee cometh to Stirling , where the King was well attended and followed by his friends ●…nd servants , but in a peaceable manner ; being come into the Kings presence , after some sort of admonition to lead a more peaceable and orderly life , hee seemed to pardon him what ever was past , and kindely invited him to supper in the Castle : After they had supped cheerfully and merrily together , the King taketh him aside , and leadeth him into an inner roome , where there was none present besides them two and Patrick Gray , of whom wee spake before , how of his friend and Cousin hee was become his enemy , for the execution of the Tutour of Bombee . There the King beginning his speech from the valour and loyall fidelity of his Predecessours , came shortly to his owne indulgencie towards the whole Familie , and towards himselfe in particular . Then sharpely upbraiding him how oft hee had pardoned him , and what insolencies hee had committed : Douglas answered submissively , and craved pardon for what hee had offended against himself in any sort ; saying , his intention was not against him , but against his enemies : That as for others that would complaine , hee was ready to satisfie them according to justice , and at the Kings owne pleasure : There rests yet one thing ( saith the King ) the League betwixt you , and the Earle of Crawford and Rosse , I will have you presently to quite it . At that word the Earle was somewhat astonished at the first , yet gathering his spirits again , hee answered , that for him , hee knew nothing wherein that League could bee offensive to his Majesty , seeing that all duetie to him was especially reserved . The King replyed , I will have you presently to breake the same . Douglas answered , that if hee would have him to doe so , hee would bee pleased to give him leave to advertise the said Noblemen , and then hee would doe it , otherwise , hee would bee accounted a faith breaker , if having entered into friendship with them , hee should forsake them , not giving a reason why : And therefore besought him to have patience . The King replied in an angry manner , speaking aloud ; If you will not breake it , I will : And with those words , hee stabbed him in the breast with a dagger . At the same instant Patrick Gray struck him on the head with a Pole-axe . The rest that were attending at the doore , hearing the noise , entered , and fell also upon him ; and , to shew their affection to the King , gave him every man his blow after hee was dead . Thus died he by the hand of the King , but by the practices of his enemies , they being the choise movers , and the king yeelding to their motions , as if it had been his quarrell , ( for so they made it seeme to him ) whereas indeed it was but their owne particular ; or if his , it was but thus farre his , that he tooke it on him as his , espoused theirs as his owne , and imbarked himselfe therein . A common practice of Courtiers , who have Princes eares ; what ever is contrary to their will , is all against the King , is all presumption , is all high treason ; whereas indeed they are oft times themselves his greatest enemies , what ever shew of service and affection they make ; and they whom they call his enemies farre more heartily affected to him . They make the King alwayes wed their quarrells , beare their errours , and the whole hatred and envie of their enemies ; and oft times drawes him into great absurdities , besides and contrary his owne naturall disposition , to his great disgrace , or diminishing his grace , in the eyes of his Subjects , not without great perill of his life and estate . Happy the Prince that can rightly take up , and rightly discerne the quarrells which are indeed his owne , from those which others would have him thinke to bee his owne , and so understandeth the disposition of his Subjects , that hee account not all that is against his Courtiers , is against him , or all that is done by his Courtiers , is done for him . These Courtiers had gained this point of the King , and by that mean had brought him to doe that hard fact against this man as his owne enemy , as one aspiring to his Crowne ; where indeed never any such thing appeared to have been intended by him , or aimed at , but onely revenge against his private enemies . And for the other crimes that his enemies alledged against him ; small presumptions , cold conjectures , and no appearance there was of them . But above all this , the greatest pitie is , that they had power to bring such a King to commit such a fact , contrary to his faith and promise , solemnely sworne and sealed by himselfe , and by his nobility , to breake the bonds of all humane society . It is worthy the considering , to see their pretences and arguments set downe by Writers , which they used to move and induce him to consent and yeeld to this strange , and unnaturall fact . A Paradox in truth , though a Maxime in Matchivellisme : one of them is , Necessitie ; for they make him beleeve , first that the Earle Douglas did aspire ; then , that hee was so powerfull , that there was no other remedy for his aspiring ; all they bring , is but weake presumptions : and for his strength and power , hee was strong enough indeed to defend himselfe against his enemies , or an unjust force and violence ; but it had beene another matter unjustly to have invaded the Kingdome , for which hee was not so strong , as justice and a just title to a Crowne , which are of great force : and against which , that force , which otherwise and in another case may bee great , will prove nothing , for God hath given his image of authority with it , which so affects the hearts of men , that they cannot but regard it , and this image being imprinted in their hearts is not easily abolished but by very enormous faults , and even s●…rce by any faults though never so extraordinary . So that it was errour in them to thinke , or craftinesse to perswade that there was no remedy in a just authority to defend it selfe by it selfe , and without forgoing it selfe and becoming injustice , and that in such a hatefull manner . Whereas by the contrary , this their way was not so safe and so certain a mean to defend himselfe , but had almost been the meane to deprive him of what hee would have had men thinke hee preserved by it ; that is , his Crowne , for the fact being so vi●…e and base , it not onely moved the friends and followers of the Earle Do●…glas his house to rebellion , but also incensed the whole common people : for that if his brother who succeeded , had beene as politicke as hee was powerfull , the King might have beene set beside his Throne . And as it was , he was once in a great brangling , and had resolved to quit the Countrey , had it not beene for James Kennedies counsell , who was Bishop of S. Andrewes ; so farre was this fact from establishing his Throne , as they made him beleeve it would doe . Then for the honesty and lawfulnesse of it , it is to be diligently weighed : It is lawfull ( say they ) to catch fraud in the owne craftinesse . And indeed that saying is most true , good and conforme to all wisedome , being rightly understood , thus : Let fraud worke on fraudfully , untill hee be intangled and intrapped in his owne fraud , and so become guiltie and obnoxious to a lawfull and orderly avengement by justice : but that men to meet fraud , may justly use fraud , and that against all promises , seales , subscriptions , or oathes , to the extremitie of murthering , changing justice into injustice , in the very seat of justice , is not , nor ever was , nor ever can bee justified under any pretext whatsoever ; as being that which breaketh the bands of humane society . It is an unworthy Kingdome , which cannot otherwise defend it selfe , and it is unworthy of a King to stoupe to such unworthy and base wayes : It hath also beene by some pretended elsewhere to cover the foulnesse hereof , that hereby much bloudshed is eschewed , which would have beene , before such a man could have beene cut off , which I marvell is not alledged here also . But that is frivoulous amongst the rest , for it is the cause of much more bloud shedding , because it takes away all trust , and so peace , untill the warres end by the destruction of one party , which without trust cannot end by reconcilement , besides this , they insinuated it unto the King , as a point of want of courage in him , and cowardise , if hee durst not so much as deceive his enemy ; whereby they would meane , that it was courage to deceive him : An unhappy dareing to dare to doe wrong , and very far mistaken , and misnamed ! And last of all , they halfe menace to abandon him , and provide for themselves and their own safety , by taking part with Douglas as the stronger partie ; whom if the King did not make away , they would follow him , and that there was no other remedy left to them . Such boldnesse were they come to , thus to threaten their master , and Soveraign ! And such is the weaknesse of that place , where it submitteth it selfe to servants ! By these meanes was this good King ( farre contrary to his owne nature ) drawne on by them who had his eare to this unnaturall fact , as to that which was most lawfull and flat necessary , yet was neither this pretended necessitie , nor alledged lawfulnesse sufficient to defend it even in the judgement of the doers themselves . And therefore the Courtiers found out another mean to put some faire face , at least some colourable excuse upon it as they thought , for being ashamed of those allegiances , or distrusting that they would bee accepted for just causes of breach of faith , and fearing they should be detested of all men : they gave it out that the slaughter was not committed of set-purpose , but that it fell out onely by chance , and that the King had no intention to kill him , till he himselfe by his indiscretion procured it , having irritated the King by his presumptuous answers . But this is a weake excuse , to commit murther contrary to promise , although hee had answered so : but there is no appearance of it , that it was but a sudden passion , neither was it beleeved in those dayes , as may be seen by the perswasions given him by the Courtiers : which while Writers set downe , they witnesse it was a set draught and fore plotted . For they say plainly also that the Courtiers would have had it appearing that it came by his arrogancy in his carriage and answers , but not that it was so indeed : besides there is a received tradition , that James Hamiltoun of Cadzow pressing in to follow the Douglas , Liviston being Uncle to James , and knowing the Earle was to die , gave him a blow on the face , and thrust him backe from the gate . James Hamiltoun drew his sword , which the other little regarding , held him off with a long halbert , and made the guard shut the gate against him , was exceeding angry at this affront in the time , but after when hee heard the Earle was killed , hee knew it was done for his safety . Hee had given too much matter for his enemies to worke on by his rash journey into England , and private conference with the King and Queene there : but this had beene forgiven him , as an oversight onely , wh●… the King had ( apparently ) tried , and found to bee nothing else ; hee had beene vehement in the revenge of the murther of his Cousins and servant John Auchinleck , but that ( though vehement ) was not injust , and therefore wee finde him never charged with it as injustice : hee had against equitie executed the Lord Harries , yet hee had done it legally and by forme , and order of Law , whereof the particulars not being perfectly knowne , the judgement is difficult , yet is it not ( for any thing wee see ) any way to bee excused . The execution of the Tutor of Bombee was very good justice and irreproveable , though it bred him most hatred and ill will at Court. Other particulars are not mentioned : Onely they say that hee bore with theeves to have their assistance : An ill and unwise course , and ever pernicious to the users of it , for harming of such as they hate ! A farre worse , and unworthy fact , unfit for a generous minde to companion it selfe with them whom hee should punish , and to participate of the guiltinesse hee should correct ! But how farre he went in this point is not certain , at least is not specially set downe : and as for the speeches of his enemies reproching them unto him in the hatefullest sort , all must not bee taken for truth they say . All agree that he was a man of great power , great policy , great performance and execution , and greater expectation , in whom the name of Douglas rose to the greatest toppe of height , and with whom it began to fall , which was afterward accomplished in his successour , as shall bee said ; he was slain the 13. of February 1452. esteemed to have beene Fastings-Eve , ( or Shrove-Tuesday . ) after the Romane supputation , or in the yeare 1451. as Major reckoneth it according to the account of Scotland . He was Earle the space of nine yeares or thereabout , but left no children behinde him . Where he was buried , or what was done with his body , there is no mention made in History . Me laetho ante diem Chrightonus Rexque dedere , Ille necis causam praebuit iste manum . By Crighton and my King too soon I die , He gave the blow , Crighton the plot did lay . Of James the ninth and last Earle of Douglas , the eighteenth Lord , sixth Duke of Turraine , and fourth James , who died in Lindores . WIlliam being thus slain by the instigation of these Courtiers , his enemies , to the end that the King as they would have it thought might be established in his Crowne , by the making away of him whom they made the King to thinke so great an enemy to him : It was so farre from producing that effect , that by the contrary there was nothing nearer , then that it should have been the very occasion of spoyling him thereof ; for the Earle Douglasses friends , who before tooke Creighton , and his faction onely for their enemies : Now they take the King for their enemy . They , who before thought not that what they had suffered proceeded from the King , or that it was his doing : now they impute them to him . They who before were onely male-contents , and within the bounds of obedience , and had a good opinion of the King : now they become enemies with an ill opinion of him as a wicked man. They who before contained themselves in civill termes , now become openly rebellious : & whereas they had good hope , and looked for reconcilement , now cast off all hope thereof , and ( matters becoming irreconcileable ) all love and regard , all reverence , their hearts being laden with the injury , with the dishonesty , with the horrour of it , they burst forth into all outragious words , and deeds : things coming to that point , that they could not bee ended , but by the destruction of one of the parties . Either they behoved to ruine the King , or behoved to be ruined by him . And here the hardest lot at the first was the Kings ( by all appearance ) the power of the other party being so great , their minds so inflamed , their anger so incensed against him : neither the party onely , but the people in generall detested the fact and the horriblenesse of it , in such sort , that hee was put by all his shifts , and driven to such a point of despaire , as to thinke of leaving the countrey , and going by sea to France . For though the Earle himselfe was dead , yet had he left behinde him in the towne of Stirlin foure brethren , that were come thither to accompany him . The eldest of these , James , was provided to the estate three yeares before by the Kings consent ( upon the occasion of Earle Williams going to Rome in the yeare of Jubile ) to succeed to his brother after his decease . He therefore , with the rest of the Nobility who favoured them and their cause , having heard the report of Earle Williams being stabbed in that manner , being astonished with these sudden and unexpected newes , first ranne and tooke armes with great haste and tumult , but having contained themselves , and commanding their companies to be quiet , every man keeping within his owne lodging for that night , upon the morrow they assembled together in counsell , and according to the defuncts ordinance , and the Kings consent obtained thereto before , they acknowledged James lawfull heire and successour to his brother William . Then he with many vehement and bitter words , inveighing against the treasonable perjurie of the King and Courtiers , exhorts them who were present to lay siege to the Castle . Send ( sayes he ) for your friends and followers from all quarters , and let us withdraw out of their lurking holes those men who are onely valiant in persidiousnesse , while as yet they waver , being uncertaine in their resolutions , and tremble with the guiltinesse of so horrible a fact . They who were present praised his pietie towards his dead brother , and also his courage ; but because they were come in a peaceable manner , and unprovided of things necessary for so great a worke , they abstained from the siege ; which if they had ( as the Earle gave advice ) resolved upon , and fallen to presently , while the odiousnesse ef the fact was yet greene and fresh before the eyes of men , the King and his partners being unprovided and unforeseene in any certaine course of their affaires , as neither able to consult , nor to meet for consultation , the Castle being inclosed , which being also ( as it is to be supposed ) not well victualled for a siege , the King could hardly have escaped their hands . Neither was the matter so difficult for them , to have remained , and sent for the rest of their freinds , and any provision which they needed ; who might have come to them within five weekes , as they did themselves returne in that time , having given the King so mnch leasure to advise and prepare for them . Neither could the King ( for all that he had that space and time ) finde any meanes sufficient to match them . For having upon this their deliberation resolved upon the worst part , and departed to their houses , and taken full advice concerning all things , they returned the five and twentieth day of March , where all the way as they came along to Stirling , James Hammiltoun dragged the Kings safe conduct ( which had beene given to Earle William , having the broade Seale hanging thereat ) at the taile of an ill-favoured spittle jade , or mare , through the streets of all the towns and villages in their way , abstaining from no contumelious words , that they could devise against the King , his Counsellers and Courtiers . Being come to Stirlin , they went to the market Crosse , and there sounding with five hundred hornes and trumpets , they caused a Herauld to proclaim the King , and such as had been plotters and authours of E. Williams death , perjured traitors to God and man , and that they were to be abhorred , and detested by all men as such . Others write that they went to the Castle gate , and made that Proclamation in the Kings hearing , whiles he was looking on them , and that it was done the next day after the slaughter . Thereafter they pillaged the towne , and being angry even with the innocent and harmelesse place , they sent backe James Hamiltoun of Cadzow , and burnt it . Where this is to be considered , what could be the cause why these men ( who before were upon advisement to have besieged the Castle of Stirlin , and did not doe it then , onely because they were unprovided ) why these men ( I say ) now being come again and provided , abstained notwithstanding from besieging of it , having nothing to let them ; and which if they had obtained , they had withall obtained full victory , being masters of the field , the King inclosed and secluded from his favourers and partners , no others ( in likelihood ) could have made head against them ; for neither could any have taken that upon them , neither would the people ( as was thought ) have followed them , at least not so freely ; whether it was because they had no hope to force it ( being a strong place ) neither to famish it in haste ( being well provided of victualls ) or if they chose rather to deprive him of his partners abroad in the Countrey by forcing them to forsake him first , and then it would be easie to take the King who had nothing but the Castle walls to trust to ; or what ever else were the occasion thereof , our Histories ( very defective in this so speciall a point ) tell not ; But so it was , that they leaving the principall point unprosecute ( the King himself wherein would have consisted the whole summe of a full victory , and to which they should chiefly have directed their courses ) contented onely to have blazed his reproches , turned towards his friends , pilling and spoiling such as remained on his side , and even by this the King was so put to it , that he had determined to leave the Country and to fly into France , had not Archbishop Kennedie advised him to stay , and hope for better fortune , shewing him , that if he could keepe his person safe , and have patience to protract , and linger out the time a while , his adversaries faction would dissolve ere long , and fall asunder of it selfe . Amongst those who tooke part with the King , there were diverse of the name of Douglas , and that of the principalls , as Angus , brother to Archbishop Kennedie , by the mother , who was daughter to Robert the third , and sister to James the first , by whom therefore they were Cosins germain to the King , who was partly perswaded by his brother to take that course as fittest for him against the Earle Douglas , partly also accounted it right to follow him as his King , partly for kindred . There was also John ( or rather James ) Lord Dalkeith , who had married the Kings sister ( as Hollinshed writeth in the life of Mackebeth ) as also the manuscript in this same place , and the contract with the Earle of Morton yet beareth : Also the manuscript in the life of Grosle James ( this E. James father ) faith , the Lord Dalkeith , ( or Henry his sonne rather ) married the said Grosle James eldest daughter ; this James sister called Margaret : whether therefore having married the Kings sister , and so frucke on that side , or having married E. James sister , and being of the name , The Earle Douglas was so much the more incensed against him , that he should without regard of this tie have joyned with his enemies , and therefore besieged the Castle of Dalkeith , binding himselfe by an oath not to deport from thence , untill he had gotten it taken in . But it was valiantly defended by Patrick Cockburne and Clarkington , in such sort , that after he was constrained by great travell , and trouble of his men with watching , and many wounds to lift his siege and depart . The King had in the mean time conveened a company of men to have releeved the besieged , but finding that his power was not sufficient for that purpose , he resolved to attend the coming of Alexander Gordon , Earle of Huntley , his brother in law ( or sister sonne ) whom he made Lieutenant , and who they said was come in with a great Army collected out of the furthest parts of the North. But as hee was marching through Angus ( the twenty eight of May ) he was encountred at Brichen , by the Earle of Crawford , who lay for him there to stoppe his passage . There was fought a great battell betwixt them in such sort , that Huntleyes middle ward was almost defeated , and well nigh routed , not being able to sustain the impression of Crawfords army , which was so strong , that they failed but a little to overthrow the Kings Standard , brought thither and displayed by Huntley , had it not been for the cowardly and treacherous flight of John Collesse of Bonnie-Moone , to whom the left wing was committed by Crawford : He in the hottest of the conflict ( offended with Crawford , because he had refused him that same morning the Barrony of Ferme , or a part thereof , which lay neare to his house ) fled on set purpose out of the battell , and so left the middle ward naked on the one side of the speciall force , which the said Earle had , which was called the battell of axes , or billmen . By their flight , the rest ( who were almost victours ) were so terrified , that they turned their backs , and left the victory to Huntley , farre beyond his owne expectation ; and yet , not without a great slaughter of his friends , servants and followers ; and especially those of his name , amongst whom were two of his brethren . This battell was fought on the Ascension day , in the yeare 1453. hee had before the battell that same day given lands to the principall men of those surnames that were with him , as Forbesses , Leslies , Vrwines , 〈◊〉 , Graunts , and diverse others , which made them fight with greater courage . Crawford also lost many of his men , together with his brother John Lindesay , so that the losse on both sides , was accounted almost equall . Huntley had the name of the victory , yet could not march forward to the King , as hee intended , and that partly because of his great losse of men , partly for that he was advertised , that Archbald Douglas Earle of Murray had invaded his lands , and burnt the Piele of Strabogie . Wherefore hee returned speedily to his owne Countrey , which gave Crawford leasure and occasion to poure out his wrath against them , who had so traiterously forsaken him , by burning and wasting their lands , and casting downe their Houses and Castles . Huntley being returned to the North , not onely recompensed the dammage done to him by the Earle Murray , but also compelled him out of his whole bounds of Murray : yet it was not done without conflict and mutuall harme : for Huntley coming to Elgin in Murray , found it divided , the one halfe standing for him , the other halfe ( and almost the other side of the street ) standing for the Earle Murray : wherefore he burnt that halfe which was for Murray ; and hereupon rose the Proverb , Halfe done as Eglin was burnt . While he is there , Murray assembled his power , which consisting most of footmen , he sate downe upon a hill some two or three miles off , called the Drum of Pluskardein , which was unaccessible to horsemen . Huntley forrowed his lands to draw him from the hill , or at least to bee revenged of him that way , thinking hee durst not come into the plain fields , and not thinking it safe to assault him in a place of such disadvantage . But Murray seeing Huntlies men so scattered , came out of his strength , and falling upon foure or five hundreth horsemen , drave them into a bogue called the bogue of Dunkintie , in the bounds of Pittendreigh , full of quag-mires , so deep , that a speare may be thrust into them , and not finde the bottome . In this bogue many were drowned , the rest slaine , few or none escaping of that company . There are yet to be seene swords , steel-caps , and such other things which are found now and then by the Countrey people that live about it . They made this round ryme of it afterward , Where left thou thy men thou Gordon so gay ? In the Bogue of Dunkintie mowing the Hay . These victories in the North , together with the repulse ( at least the retreat ) of the Earle Douglas from the Castle of Dalkeith did so encourage the King , that he began to conceive better hopes of his affaires , and by the counsell of Archbishop Kennedie he called a Parliament at Edinburgh , and summoned the Earle Douglas and his partners to compeir thereat . But the Earle was so farre from obeying , that he caused plackards to be affixed upon the Church doores , and other publick places , sealed with his seale , containing in effect , that from thenceforth he would neither obey citation , nor other commandement of the Kings , nor in any sort commit his life to him , who having allured his Cousins to Edinburgh , and his brother to Stirlin , under safe conduct , had traiterously murthered them without any order of law , and contrarie to his oath . Hereupon he and his three brethren , Archbald , Hugh , and John , together with Beatrix , Relict of Earle William , were declared Rebels , and forfeited , and with them Alexander Earle of Crawford , and James Lord Hammiltoun ; and that the number of the Nobilitie might not seeme to be diminished by their forfeiture , there were divers new Lords created , and the goods and lands of the forfeited given to them . Thereafter an Armie was levied to pursue them , their lands were wasted , their goods driven away , their cornes destroyed , and then ( winter comming on ) because the Armie could not lie in the fields , they were dismissed , and appointed to meet againe in the spring . But the Earle Douglas seemed to make small account of all this , and that the grandour of his house ( which was growne to that great height by that great marriage ) might not be impaired , and that estate transferred to strangers , he takes to wife the foresaid Beatrix , and deales with the Pope for a dispensation , and confirmation of the marriage . But that sute was crost by the Kings Letters . I finde it in an ancient book written of the Douglasses in meeter , that she her selfe alledged , that her first husband ( Earle William ) had never carnall copulation with her , and that she gave her oath thereupon : which giveth some colourable excuse to this fact , which otherwise is so enormous , and void of all appearance that he could have beene so shamelesse as to have gone about it without some such reason , or pretext , which therefore I would not omit to intimate , and I remember not that I have read it elsewhere . However it were , he kept her as his wife , and continued the warres that yeare , and the next two yeares , pillaging and wasting the Kings possessions , and the King doing the like to him , especially in Annandale , Galloway , and the Forrest . Hereupon ensued a Famine , and upon the Famine a Pestilence , Townes and Castles were destroyed on both sides , and no kinde of hostilitie pretermitted . The King notwithstanding caused trie indirectly whether the Earle could be perswaded to yeeld himselfe to him , and the wi●…est of his friends counselled him to doe it , alledging that his Predecessours had often done so ; chiefly seeing he had a King of a gentle nature , and who would be entreated by friends , not to extinguish so noble a Familie , and undoe so many Noblemen as joyned with him , or to redact them to that necessitie , that they should be forced to take a course for themselves ; that it would be easier for him to get some good quarters now , while matters were as yet not past reconciliation , and while his friends were about him , then afterward , when he should be deserted , and left alone : then there would be no hope of pardon . To this he answered , That he would never commit himselfe to the credit of those whom neither shame nor honestie could binde , who regarded neither the law of God , nor man : but having allured his Cousins and Brother with faire promises , had so traiterously and cruelly slain them , that hee would rather suffer all extremity , then come into their power . This speech was approved or reproved according to every mans disposition , some praising his magnanimitle and courage , some disliking his obstinacie , & exhorting him not to lose this good occasion of making his peace , which ( if his friends wearie of troubles should abandon him ) he would repent afterwards . He persisted in his opinion , and what for detestation of the fact , what for feare to be used after the same manner himselfe , if he should come into the Kings power ( as it falls out , and must of necessity , where trust , which is the ground of all peace and reconciliation , is taken away ) not suffering any thought of peace to come into his minde , resolved himselfe to trie the fortune of warre . But the Earle Crawford being wearie of so long troubles , apprehending the iniquitie of the cause , and weighing with himselfe the common changeablenesse of all humane affaires , and knowing that pardon would be easily granted to him who should preoccupy the Kings favour , and uneasie and difficult to those that should continue in armes , being left by a part of his friends , and suspecting the fidelitie of the rest , as the King was journeying through Angus , he casts himselfe in his way with a habit most composed to move pitie , bare footed , and bare headed ; he plainly confessed his offences in times past , put himselfe absolutely in the Kings will , commemorating the good offices done by his Predecessours ; that he acknowledged that whatever had happened to him , had happened by his owne default ; whatever life or fortune he should have thereafter , he would owe it to the Kings clemencie . These and such like speeches moved the Noblemen that were present , especially the Gentlemen of Angus , who although they had always followed the King , yet were loath that so ancient and noble an house should perish : chiefly Archbishop Kennedie , howbeit he had received many injuries of Crawford ( or his sather ) yet considering of what importance it was to the King to have his owne forces increased by this accession , and his enemies diminished and weakned by want of so great a man , dealt earnestly with the King to receive him into his wonted place of honour and favour . Neither was the King difficult to be entreated , but graciously pardoned him , and restored him to his former condition both of goods and honour , onely admonishing him to doe his dutie in time to come . It is reported that the King being desirous to performe his promise ( which was to raze the house of Phineavin , the chiefe Mannour of the Earle Crawfords ) and to make the highest stone the lowest , he went up to the top of the house , and ( according to this promise ) threw down a little stone , which was lying loose above the built worke , to the ground , which is to this day kept in an iron chaine for a Monument and memoriall of this action . Some also write that the King tooke from him the lands of Badenoch and Loquhabre , and gave them to Huntley for the lands which he had distributed at the field of Brighen , as also the second place in Parliament , and honour of bearing the Scepter . Crawford died within six moneths of a burning feavour at Phineavin , and was buried in the Gray Friers at Dundee , in the Sepulchre of his Progenitors . The Earle Douglas informed hereof , and seeing his forces decay daily , and the Kings daily growing greater , he thought he would goe trie what succour or support he could have out of England , and for that effect he sent James Hammiltoun of Cadyou to K. Henry to desi●…e his help in this estate . King Henry considering , and thinking the occasion fit for him to encroach upon Scotland , perswading himselfe that the Earle Douglas his passion of revenge on the one part , and the necessitie of his estate on the other ( two powerfull perswaders to move men ) should drive him to accept his help on whatever termes , was content to aide him upon this condition , that he should become his subject , sweare himselfe English , and so to continue for ever ; and for better assurance hereof , should put into his hands such Strengths and Castles in Scotland as he had in his custodie . Unto this Douglas replied very generously and honestly , `` That hee 〈◊〉 would never leave such a blot upon his house , and would rather choose to die by what ever hand , then commit such a crime against his Countrey , for a fault done by the Prince and some particular men onely , whereof he hoped to be avenged , without that shame . This being so honest a part , and testifying so honest a heart , as some of them have not had the like , even of those who pretended to be Kings themselves ( some of whom have not refused to render themselves and their Kingdomes to the English servitude , to be avenged of their enemies , and to obtaine the Crown for themselves ) is too lightly overpassed by our Writers , without the due testimony , approbation , and praise that it well deserveth . Besides , there can hardly be a clearer argument of his not affecting or aiming at the Crowne , which his brother and Predecessours were charged with , and tra●…uced to the King : for had he beene that way set , he would have accepted of the proffer of England , and made use of their help , which ( questionlesse ) these Kings would not have denied him , according to their ordinary practice . And how many are there that would have forborne in such power , and upon such an occasion ? for although he seems to have no colour of title to the Crowne , yet men that aspire to it , doe seldome want their pretences , when they have power to search it . So that the greater is the pitie in so moderate prosecution of such a quarrell , that the event should have beene so hard on his side , which appeares yet better in that which followed . So le●…t thus to himselfe , by the instigation of his partners , and namely of James Hammiltoun of Cadyou , hee gathered together his friends and followers to raise the siege of Abercorne , which the King had beset , and lay before it in his owne person . And when hee was come within five miles , or ( as others say ) within sight of the besiegers , they looked assuredly that he would , and that hee had resolved to fight , because he put his Army in order of battell ; and being very ready for their part , and forward , Cadyou also exhorting him thereto , that he would end these warres with a notable victorie , to his perpetuall praise , or with an honourable death , as became his house , that he would vindicate himselfe from those miseries and contumelies ; he utterly refused to fight , though he were more in number , saying plainly , his heart would not suffer him , nor serve him to fight against his Soveraign . Wherby it may be conjectured ( as saith the Manuscript ) that his meaning was only to have terrified the King , and brought him to some reasonable conditions of peace . But there wanted intercessours to deale betwixt them , partly because all were ingaged to the one or other side , partly for that they beleeved that he still persisted in his former opinion of distrust and indignation , and so nothing was done therein by any . Others interpret it to have bin cowardize , or faint heartednesse , and lack of courage ( for their words import so much ) a fault that was incident to few of that stock , and we never finde it imputed to any of them against England , or against any other private enemie ; neither to this man elsewhere , but only at this time . And we heard how after the killing of his brother his courage is commended , together with his piety . The reason of it hath been this ; then while his anger was recent , and green against the authors thereof , he could have done any thing to have been avenged ; now time having taken away the edge of that disposition , when he considered it was his King he had to do with , whose hand the Courtiers , his enemies , had onely borrowed ; his naturall affection , and regard of a subject toward his Prince , was returned , and by peece-meal had taken possession of his heart again , as the own proper lodging where it had been harboured ever before . Certainly this refusall to fight now , and his former rejecting the King of Englands disloyall conditions of help , have proceeded from one and the same disposition of minde . Wherefore seeing that ought highly to be praised , I see not how this can be condemned , at least how they can condemn it , that do so highly respect that high place of Kings . The word also will import , not altogether flat cowardise , but a natural sluggishnesse , & want of action , whereof cowardise is sometimes the cause , but not alway , though they concurre often ▪ But there is another affection that makes men slack in action , which proceeds not either of sluggishnesse , or cowardise , but of irresolution ; when a man swiming betwixt two opinions , resolves not fully upon either , and this seemes to have beene his disposition . A great impediment in his actions , and at least in this last point of such importance , the cause of his ruine , while neither his heart could suffer him to betake himself against his Prince , whom naturally he affected , neither could he digest to forget the fact done , or ( after it ) to commit himself to the doer . Which disposition , though it have brought out the like effects as cowardlinesse and sluggishnesse are wont to do , to wit , lingring and eschewing of the battell , yet this did not proceed in him from either of these two , but had the originall from a very honest minde to his dutie . His love to his Prince strove and fought with another dutie , which was his love to his dead brother , or to his owne honour . Out of which , whileas he either cannot , or occasion is not offered to extricate himselfe , and winde out a full resolution , he suffered himselfe to be carried unto that which he was most inclined to , his love to his Prince , and thereby he slipt and let slide through his fingers ( as it were ) this faire occasion which was then offered unto him , of no lesse ( in the judgement of his friends ) then the casting the dice for the Crown . And so James Hamilton told him , that the occasion was such , that if he did not lay hold of it , he should never finde the like again : he told him withall , that his want of resolution would be his overthrow , as it was indeed . For James Hammiltoun himselfe left him that same night , and went to the King , of whom hee was so honourably and well received , that others thereby were encouraged to come in also . Yet others write that he was committed to ward in Rosseline for a certaine season , and afterward releeved at the entreatie of George Douglas Earle of Angus . However , by his information to the King of the estate of the Earle Douglas his Armie , how forward they had beene to have fought , and how discontented and discouraged they were with his lingring , how the greatest motive that kept them with him was their doubting of pardon for their former offences , the King caused make a Proclamation , that whosoever would come unto him , and forsake the Earle Douglas , should have free remission for all that was past , providing they came within 48. houres . This being published , the most part of the Earls Armie left him , so that there remained not ( ere the next morning ) with him above 2000. men , whereby he was constrained to leave the fields , and his friends and servants that were in Abercorne to be cruelly slaine , and executed ; for the Castle was taken by force , and demolished , to his no small reproach , in that he was so irresolute , and had not by some meane or other procured at least some honest composition for himselfe and them , or else to have adventured all . Where if he would not have taken the Kingdome , in case of victorie , yet might he honourably have set downe conditions of peace ; or if he had lost the field , he could not have lost more then he did ; for by these meanes , abandoned of all , he was constrained to flee unto England . In the yeare 1455. having gotten together a small company of men , he returned into Annandale , thinking to have found some friends in those quarters , which were his own lands before ; but there he was encountred by the Kings followers , especially by his own kinsman ( but the Kings Cousin ) George E. of Angus ( as some write ) who defeated him . His brother the Earle of Murray was slain in the field , and his other brother the Earle of Ormond was hurt , and taken prisoner ; after his wounds were cured , being brought to the King , he was executed , with greater regard to this last action , then respect to his victory obtained not far from the same place , at Sark , against the English , & Magnus with the red main , their insolent Champion , which was so greatly praised by the King before , and so acceptable to all Court and Countrey . Such is the course and vicissitude of all humane affaires . We heare of one onely sonne of Ormonds , named Hugh , Dean of Brichen , of whom we shall speake somewhat hereafter in the life of Archbald Earle of Angus , who was Chancellour of Scotland . His takers were the Lord Carlile , and Johnston of Johnston , to whom the King gave in recompence the 40. l. land in Pittinen upon Clide , to each of them a 20. l. land thereof . The third brother , John Lord of Balvenie , escaped in a wood , and the Earle himself by flight got him to Dunstaffage , where finding Donald Earle of Rosse , and Lord of the Isles , he incited him to make war against the King in his favours , and after he had ingaged him therein , he withdrew himselfe again into England . This is noted to have beene in the yeare 1455. after which there was a Parliament called ( about the fifth of June , or August , as the Acts beare ) wherein he , and his brother John , and his wife Beatrix , were againe forfeited , and their lands of Galloway annexed to the Crowne . This Beatrix ( who had beene his Brothers wife , and whom he had used and kept for his owne wife for certaine yeares ) came to the King , and excused her selfe , as being a woman , and compelled to doe what she had done . The King received her into favour , and married her to John Stuart his halfe brother ( by the mother ) and gave her the lands of Balvenie . This John was afterward made Earle of Athole in King James the thirds time : he had by Beatrix two daughters onely , the eldest of which was married to the Earle of Errole . This is cast in by some in the next yeare following . The Earl Douglas abandoned on all hands , travelled with Donald of the Isles , Earle of Rosse , conforme to their old band made with Earle William to assist him , and renew his claim to the Isles . Hereupon Donald wasted Argyle , Arran , Loquhaber , and Murray , took the Castle of Inner-Nesse , burnt the towne , and proclaimed himselfe King of the Isles : but his wife ( who was daughter to James Levingston , and had beene given to him in marriage at the Kings desire , of purpose to retain him the better in duty ) when she saw she could neither prevaile with him in that point , and that besides she was but contemned by him , and the barbarous people that were with him , she left him , and came to the King , who received her very gladly . About this same time Patrick Thornton , a secret favourer of the Earle Douglas his faction , though he had followed the Court a long time , slew John Sandilands of Calder the Kings Cousin , and Alane Stuart also , upon occasion at Dumbartan . These two were of the Kings side , wherefore the said Thornton was taken by the Kings Officers , and executed . These things being not yet fully settled , did greatly perplex the King , between domestick and forraign enemies . In the year 1457. the Earl Douglas came in with Henry Percie Earle of Northumberland to the Merse , which as they were in wasting & pillaging , they were encountred by G●…orge Earle of Angus , and put backe to their Camp. Being irritated with this indignitie , they put themselves in order of battell , without staying for their full companies ; many of which were gone abroad into the Countrey and Villages for spoile and bootie , and so entred into conflict . When the noise hereof was carried to the eares of the forrowers , they for feare of losing what they had gotten , which was a very rich and great prey , past directly into England , without regarding what became of the two Earles . Hereby the battell was lost by the English , but the losse of men was almost equall on both sides . This victorie did not a little recreate the King , and so affrighted Donald and his Islanders , that he sent and submitted himselfe to the King , and was received by him . Neither was there any farther insurrection within the Countrey . Neither did the Earle Douglas without the Countrey enterprise any thing by the aid of England ( they being distracted at home by the dissention of Lancaster and Yorke ) during the dayes of this King , which were not many : for about two or three years after this , the King alone was slain by the wedge of a peece of Ordnance of his own , and with him George Earle of Angus hurt amongst 30000. of his Armie ( of whom none else was either slaine or hurt ) at the siege of the Castle of Roxburgh in the 29. yeare of his age in September 1460 , some 8. yeares after the killing of Earle William in Stirlin Castle , at which time he was about the age of twenty one or twenty two yeares . Neither hear we any mention of the Earle Douglas his stirring in the next Kings ( James the thirds ) time , either in his minoritie ( being but a childe of seven or eight yeares of age at his coronation ) or in his majoritie ; either in the dissentions betwixt the Kennedi●…s and the Boydes , or the dissention betwixt the King and the Nobilitie . Whether it bee the negligence and sloth of Writers that have not recorded things , or whether hee did nothing indeed , through want of power , his friends , and dependers , and vassals being left by him , and despairing of him , having taken another course , and his lands being disposed of to others ; so it is , that for the space of twenty yeares , or three and twenty , untill the yeare 1483. there is nothing but deepe silence with him in all Histories . Onely wee finde that hee was made Knight of the noble Order of the Garter by King Edward the fourth , and is placed first in order of all the Earles , and next to him the Earle of Arundell ( who is the first Earle of England ) in the booke , intituled , Nobilitas Politica ; and the English Heraulds say of him , that he was a very valiant noble Gentleman , well beloved of the King and Nobility , and very steadable to King Edward in all his troubles . These troubles ( perhaps ) have beene the cause that they could enterprise nothing in Scotland untill the soresaid yeare 1483. However it be , he hath the honour to be the first of his Nation admitted into that Order . At last then in the yeare 1483. Alexander Duke of Albanie , and brother to King James the third ( who was also banished in England ) and the Earle Douglas , desirous to know what was the affection of their Countreymen toward them , vowed that they would offer their offering on the high Altar of Loch-mabane upon the Magdalen day , and to that effect got together some five hundred horse ( what Scottish what English ) and a certaine number of English foot-men , that remained with Musgrave at Burneswark hill to assist them in case they needed . So they rode toward Loch-mabane , and at their coming the fray was raised through Niddisdale , Annandale , and Galloway , who assembling to the Laird of Moushill ( then Warden ) encountred them with great courage . The English who were on the hill ( Burneswark ) fled at the first sight of the enemy , so that the rest behoved either to doe or die . And therefore they fought it out manfully from noone till twilight , with skirmishes , after the border fashion , sometimes the one , sometimes the other having the advantage . At last the victorie fell to the Scots , though it cost them much bloud . The Duke of Albanie escaped by flight , but the Earle of Douglas being now an aged man , was stricken from his horse , and taken prisoner with his owne consent , by a brother of the Laird of Closeburnes , in this manner : The King ( James 3. ) had made a proclamation , that whosoever should take the E. Douglas should have 100. l. land : the E. being then thus on foot in the field , wearied of so long exile , and thinking that he might ( perhaps ) be knowne by some other , seeing in the field Alexander Kilpatrick ( a son of Closeburnes , and one that had beene his owne servant before ) he calls on him by his name , and when he came to him , he said , I have foughten long enough against my fortune , and since I must die , I will rather that ye ( who have b●…ene my owne servant , and whom I knew to be faithfull to me as long as I did anything that was likely for my selfe ) have the benefit thereby then any other . Wherefore take me , and deliver me to the King according to his Proclamation , but see thou beest sure hee keepe his word before thou deliver me . The young man , who loved the Earle entirely in his heart , wept ( as is reported ) for sorrow , to see him thus aged , and altered in disguised apparell , and offered to goe with him into England . But hee would not , being wearied of such endlesse troubles ; onely hee desired the young man to get his life safe , if hee could obtaine so much at the Kings hands , if not , to bee sure of his owne reward at least . Hereupon Kilpatricke conveyed him secretly out of the field , and kept him in a poore cottage some few dayes , untill hee had spoken with the King , who granted him the Earles life , and gave unto himselfe the fiftie pound land of Kirk Michaell , which is possest by his heires , unto this day . Some give the honour of this victory to Cockpool and Johnston , and make the number of those that came with Douglas and Albany greater , and say that King Richard of England blamed the Duke of Albanie for the losse thereof , and that hee discontented and taking it ill to bee so blamed , withdrew himselfe secretly into France . The Earle Douglas being brought to the King , hee ordained him to be put into the Abbacie of Lindores ; which sentence when hee heard , hee said no more but this : Hee that may no better bee , must bee a Monk , which is past in a Proverbe to this day . Hee remained there till the day of his death ( which was after the death of King James the third ) which fell out 1488. he being of a good age , and having beene a man in action from the beginning of his brother William now foure and fourty yeares . Some write that while he was in Lindores , the faction of the Nobility ( that had put Coghran to death , and punished some others of the Courtiers supported by the Kings favour ) especially Archbald Earle of Angus , ( called Bell-the-Cat ) desired him to come out of his Cloyster , and be head of their faction ; promising he should be restored to all his lands , which seemeth not very probable : But that which others write , hath more appearance , that the King desired him to be his Lievetenant against the Rebells ; but hee laden with yeares and old age , and weary of troubles , refused , saying ; Sir , you have kept mee , and your black coffer in Stirling too long , neither of us can doe you any good : I , because my friends have forsaken me , and my followers and dependers are fallen from mee , betake themselves to other masters ; and your blacke trunck is too farre from you , and your enemies are between you and it : or ( as others say ) because there was in it a sort of black coyne , that the King had caused to bee coyned , by the advise of his Courtiers ; which moneyes ( saith he ) Sir , if you had put out at the first , the people would have taken it , and if you had imployed mee in due time , I might have done you service . But now there is none that will take notice of me , nor meddle with your money . So he remained still in the Abbacy of Lindores , where hee died , anno 1488. and was buried there . THus began and grew , thus stood and flourished , thus decayed and ended the Noble House of Douglas , whose love to their Countrey , fidelity to their King , and disdain of English slavery was so naturall , and of such force and vigour , that it had power to propagate it selfe from age to age , and from branch to branch , being not onely in the stocke , but in the collaterall , and by branches also , so many as have beene spoken of here . They have continually retained that naturall sap and juice which was first in Sholto , then in William the Hardie , who died in Berwick ( who was in a manner a second founder ) in such a measure , that amongst them all it is uncertain which of them have beene most that way affected . This vertue joyned with valour ( which was no lesse naturall , and hereditary from man to man ) caused their increase and greatnesse : their Princes favouring them for these vertues , and they by these serving their Princes in defence of their Countrey : Their affection pressing them thereto , their worth and valour sufficing them , the hearts of the people affecting and following them : Their enemies regarding and respecting them , all men admiring them : so that in effect , the weight of warlike affaires was wholly laid on them . The Kings needed onely to give themselves to administer justice , consult , and direct , living at peace and ease , and in great quietnesse to use their honest recreations , from the latter dayes of King Robert Bruce , wherein there was a pleasant harmony , and happy concurrence ; the Kings ( as the great wheel and first mover ) carrying the first place in honour and motion , and commanding : and they in the next roome , serving and obeying , and executing their commandements ( as under wheels , turned about by them ) courageously , honourably , faithfully and happily , to the great honour and good of their Prince and Countrey . This behoved to be accompanied with greatnesse : for neither could service ( to any purpose ) bee done without respected greatnesse , neither had greatnesse beene worthily placed without service . Their power is said by some to have been such , that ( if they had not divided amongst themselves ) no Subject in this Island could have compared with them in puissance . But that which diminished their power , and ruined the Earle Douglas , was the falling of the houses of Angus and Morton , from them to the King : for the last battell the Earle Douglas was at , the Earle of Angus discomfited him ; so that it became a Proverbe , The Red Douglas put downe the Black : Those of the house of Angus , being of the fairer complexion . They might have raised ( thirty or fourty thousand men ) under their owne command , and of their owne dependers onely , and these most valiant : for their command was over the most expert , and most exercised in warre , by reason of their vicinitie , and nearnesse to England , which was their onely matter and whetstone of valour . They who give them least , give them 15000. men , who upon all occasions were ready with them to have ridden into England , at their pleasure , and backe even for their private quarrells , and have stayed there twenty dayes , and wasted all from Durham Northward , which no other private Subject could ever doe , upon their owne particular , without the Kings Army : this power ( as hath been said ) they u●…ed ever well , without giving of offence to their Prince in any sort , that we can reade of clearly and expresly set downe . Yet our Writers say , it was too great for Scotland . But how could it be too great , that was thus for the good of it ? for the Kings service ? for their ease ? making no rebellion , no resistance , no contradiction ? which ( we see ) they came never to , untill the killing of E. William at Stirling . Truely if we shall speake without partiality , their greatnesse was so usefull to their King and Countrey , that Hector Boetius stickes not to say , the Douglasses were ever the sure buckler , and warre wall of Scotland , and wonne many lands by their singular man-hood and vassalages : for they decored this Realme with many noble Acts , and by the glory of their Martiall deeds . And though their puissance was suspected to some of their Kings , and was now the cause of their declining , yet since that house was put downe , Scotland hath done but few memorable deeds of Armes : And we cannor say justly , that they gave any cause of jealousie . Princes were moved to conceive it without just occasion given by them , unlesse it were a fault to be great : whether they were jealous of their owne naturall inclination ( as jealousie is esteemed ordinarily to the highest places ) or by the suggestion of others , that were mean men , and so envious of great men : the one inclining to jealousie , the other working on that inclination , however notwithstanding of all this , they sti●…l behaved themselves towards their Princes moderately , obeying them to warding , and after releeving to warding again , at their Kings pleasure , without any resistance whatsoever , as may be seene in the Earle of Wigton , which being well considered , the cause of their stirring , or commotion against their Prince ( which was never till this last man ) will appeare not to have proceeded from their greatnesse , enterprising against their Prince , or aspiring to his Throne , ( although the meane men , and new start-up Courtiers perswaded the King so , for their owne advantage and ends ) but the cause was indeed the aspiring and ambition of these mean men , who laboured to climbe up into their roomes by their decay , neither was this their aspiring by vertue , but by calumnies , and flattering , fostering the foresaid jealousie . I know it is a maxime in Policie , and that plausible to many ; That Princes should not suffer too great Subjects in their Dominions ; yet it is certain , that without great Subjects there can be no great service . Things may be shufled at home , but abroad there can never any thing bee done to the purpose , or of note . But now the question is where great men are already ; whether it bee best thus to undoe them , and make up new men by their ruine , or not : a thing worthy to bee considered : and also , whether or not there be a possibilitie to use great men to good uses ; and ( if possible ) whether it were not better to doe so , then to goe about to undoe them : whether also there be not in undoing of them such great hazard ( as we see ) that though it may succeed at last ( as it did here ) yet it is not so good wisedome to adventure upon it with such trouble and uncertaintie . Truely , that which made it to succeed , was the very honest heart of this last Earle James ; who , if either hee would have turned English , and cast off all respect to his native Prince , or entered into battell against him at Abercorne , it had proved an unwise course so to have affected the advancement of these mean men ; and not rather to have used them well , that were become already great . And therefore the Writers finde no other cause of this successe on the Kings side , but the onely providence of God , who had not determined to give the Crowne to the Douglas , but to continue it in the right line ; which though the Douglas did not aime at , yet being driven to this necessity , either to lose his owne estate , or to take the Crowne in case of victory , hee could hardly have refused it , if it should have come to that , but hee chose rather to lose his owne ; and lost it indeed by a rare modesty , which is even disallowed by Writers , who interpret it to have beene fearefulnesse , or lazinesse ; so hard is it to know the right , and not to incurre some censure in our actions : how ever it bee , this appeares most certain , that their meaning to their Prince and Countrey hath ever beene good , and that even in this man. Their errours and faults whatsoever they fell into , they were drawne to them by the malice of ●…eir particular enemies , and the Princes assisting , fostering and maintaining them in their wayes , thereby to undoe that Earledome , jealous of their Crowne , and that they might reigne ( perhaps ) with greater libertie , and fuller absolutenesse , which their Courtiers perswaded them they could not doe , so long as they stood . But it comes not ever so to passe ; and though it came here so to passe in this Kings dayes ( which were not many ) yet in his sonnes dayes , wee shall see it fell out otherwayes : for out of these mean men ( at least in respect of the house of Douglas ) there arose some who proved as great , and greater restrainers of that liberty , then ever the Earles of Douglas were . So that if that bee the end of cutting off great men ( to obtain greater liberty ) wee see it is not alwayes attained , and doth not ever follow upon it ; yea , wee shall see , that almost it never ( or but for a very short while ) produceth that effect . It is therefore worthy to be examined , whether it be to be sought , or to be bought at so deare a rate , such hazard and trouble . But this is the vicissitude of this rolling world ; let men consider it , and reverence the Ruler . Jacobus Comes Lindorensi coenobio inclusus . Quid rides rasumque caput , cellaeque recessum ? Quodque cucullatis fratribus annumeror ? Fortunâ volvente vices fiet modo Princeps , Plebeius : Monachus saepè Monarcha fuit . Why doe you laugh to see my shaven Crowne ? My Cell , my Cloyster , and my hooded Gowne ? This is the power of that Soveraigne Queen , By whom Monkes , Monarches ; Monarches Monkes have been . Another . Both Fortunes long I tri'd , and found at last , No State so happy as an humble rest . Georgius Angusiae comes . Anvici Gallos obsessos undique laetho , Scotorum , eripuit te duce parva manus , Te duce Duglasius , victus quoque Percius heros Militiae statuunt clara tropheae tuae : Sed consanguinei , sed quid meruere propinqui ? O furor , O rabies , perdere velle suos ? Matrem ingrata necat crudeli vipera , morsu Stirpem , quâ genita est noxia vermis edit His non absimilis fueras : per te domus illa Eversa est ortum ducis & unde genus , Non me ventosa ambitio , non dira cupido Egit opum me non impulit invidia Ferre parem poteram , poteram vel ferre priorem , Contentusque mea sorte beatus eram : Ast Regi parere & jussa facessere fixum ; Fas quoque semper erat , fas mihi semper erit George Earle of Angus . Thou ledst a handfull , who from death did free The French besieg'd at Anwick : victory , Though bloudy from the Noble Piercy gaind , Increast thy honour : but against thy friend And kinsman , what strange fury turn'd thy force ? What madnesse to destroy thy owne , 't was worse Then Vipers cruelty , compell'd to eat Their way or die ; thine was a needlesse hate : No vain ambition oversway'd my heart , No love of wealth , no envie had a part In what I did , I could an equall beare : Nay , did not grudge though Douglas greater were , Content with what I had , I happy liv'd , But 't was my Prince his will and 't is beleev'd Lawfull , and Justice hath pronounc't it good To serve our King , without respect of bloud . Aliud . A solo potuit Pompeius Caesare vinci , Non nisi Romano milite Roma cadit , Duglasios nemo cùm posset vincere , solus Duglasium potuit vincere Duglasius . Another on the same . Pompey by Caesar onely was o'recome , None but a Romane Souldier conquered Rome ; A Douglas could not have been brought so low , Had not a Douglas wrought his overthrow . Here endeth the first Part , containing the History of the House of Douglas . THE SECOND PART OF THE HISTORY OF THE DOUGLASSES , CONTAINING THE HOUSE OF ANGUS . By Master DAVID HUME of Godscroft . EDINBURGH , Printed by EVAN TYLER , Printer to the Kings most Excellent Majestie . 1643. Of the House of ANGUS , before it came to the name of DOUGLAS . THe great and potent House of Douglas ( of which we may say , the best subjects that ever served Prince , the worthiest seconds that ever seconded any , worthie for their modestie to be seconded by others , second to none in all vertue , and true worth of valour , magnanimitie , kindenesse , courtesie , faithfulnesse to King , Countrey ; and kinred , serving their Prince , and served by the rest , worthily served , worthie to be served , as knowers of service , and recompencers thereof in due proportion , and degree , as Charters of Lands liberally given do testifie ) being thus brought to this pitifull end , there arose in place thereof the House of Angus , of which we come now to speak , and to view in the descent of it . If we shall consider it in our best discourse , with all circumstances due to it , and compare it with the former , to which it succeeded , ballancing all things aright , we shall finde it , as not fully so great in that huge puissance and large extent of lands and rents that the house of Douglas had ( which did surpasse all others that were before , or have been since amongst subjects , ) so shall it be seen otherwise nothing inferiour . In antiquitie Angus is thus far beyond it , that there have been diverse ●…hanes of Angus ( which was a degree of honour in those dayes equall to that of Earles now ) as also that the Earles of Angus were created amongst the first that carried the title of Earles in the year 1057. or 1061. at the Parliament of Forfaire in the dayes of King Malcolme Kenmore ; whereas the house of Douglas was honoured onely with the title of Barons , or Lords . This is much preferment , yet it is more , that in our Chronicles the name of the house of Douglas is then first found , whereas Angus is found 200. years before that time in the 839. year , howbeit we have already showne that there were Douglasses in the year 767. though not mentioned by our Writers . In bloud they are equall on the fathers side , as being descended of the same progenitours ; so that what ever belongs to the house of Douglas before James slain at Otterburn , belongs also to the house of Angus ; the first Earle of Angus of that surname being brother to him , and both of them sonnes to W●…lliam the first Earle of Douglas , or rather the first Earle of Douglas , being also Earle of Angus in effect , seeing his wife was Countesse of Angus , howbeit he used not the stile . By the mothers side , the house of Angus hath the preeminence , being descended of the greatest in the Kingdome , and even of the Royall stock , having been divers wayes mingled therewith . In vertue , valour , and love of their Countrey , it resemblet●… the spring from whence it ●…owes , and comes nothing short of it . In c●…edit , authority , place , and action , account , favour , and affection of men , we shall finde it no lesse beloved and popular , and no lesse respected and honoured . So that with all this ( both likenesse , and no great inequalitie ) bearing the name of Douglas , together with the armes , and title of Lords of Douglas , the fall of this former house was the lesse felt , it seeming not so much cut off , as transplanted ; nor destroyed , as transferred ; some comfort it is , when it comes so to passe , as may be seen in many others . To deduce then the house of Angus from the first originall thereof , 〈◊〉 is declared by our Writers , that Kenneth the second son to Alpine , the 69. King , having expelled the Picts out of his Kingdome ; did dispose of their Lands to his Noblemen , and such as had done him good service in the warres . In which distribution he gave the Province ( of old called O●…estia ) to two brothers , the elder of which was named Angus , or ( as B●…chanan ) Aeneas , and the younger Merns . These two brothers dividing that Province betwixt them , gave each of them his name to that half he possessed , and so of one they made two , calling the one Angus , and the other the Merns , as these Countreyes are so called at this present . This is the first Thane of Angus , from whom that Countrey took the name . 2. After him we read of other Thanes , as of Rohardus , Radardus , or Cadhardus , who slew Culenus ( the 79. King ) for ravishing his daughter . 3. Also there was one Cruthnetus ( in the reigne of Kenneth ; brother to Duffe , in the year 961. ) who was slain by Crathelint ; who was his own grand-childe by his daughter Fenella , or Finabella ; married to the Thane of the Merns . 4. Then we have one Sinel , ( in the reigne of Malcolm●… the second son to this Kenneth , who began his reigne 1104. and reigned 30 : years ) who married Do●… or Doada , younger daughter to King Malcolm●… , whose elder sister Beatrix , was married to Crinen , Thane of the Isles ; and principall of the Thanes , whom that age called Abthane . 5. Of this marriagé was procreat Mackbeth , or Mackbed , or Mac●…abee , Thane of Angus , and afterward King of Scotland , of whom the History is sufficiently knowne . 6. The last Thane was Luthlack , son to Mackbeth , who was installed King at Scone after his fathers death , but within three moneths he was encountered by King Malcolme ; and slain at Strabogie . This was about the year 1056 , or 57. And so much of the first period of the house of Angus , under the title of Thanes . The second period of the house of Angus , is under the title of Earles , before it come to the name of Stuart . The first is , one made Earle by King Malcolme , at the Parliament of Forfaire , where Boetius telleth expresly , that the Thane of Angus was made Earle of Angus . The next is in the dayes of King David ( called Saint David ) in the warres with Stephen King of England , in the battell at Alerton , where the Generall the Ea●… of Glocester was taken prisoner ; the Scottish Army is said to have been conducted by the Earles of March , Stratherne , and Angus , in the year 1136. or 37. but he is no●… named . The third is Gilchrist ( in the year 1153. ) in the reigne of Malcolme the maiden , who did good service against Sumerledus , Thane of Argyle , and being married to the Kings sister ; having found her false , put her to death ; and fearing the King , fled into England , and afterward was pardoned . Then we have John Cumin in the dayes of Alexander the second , in the year 1239. of whom wee read nothing , but that he was sent Ambassadour into France to Lewis then King , and that he died by the way before he had delivered his Ambassage : Boetius , 〈◊〉 . This was about 1330. The third period is in the surname of Stuarts ; of whom the first is one John Stuart entitled Earle of Angus , Lord of Boncle , and Abernethie , in a Charter given by him to Gilbert Lumsden of Blainerne , yet extant in the hands of the house of Blainerne . It is not dated , but the witnesses show the time , for Randolphus custos regni Scotiae is one . What this John was is uncertain , but in likelihood he hath been brother to Walter ( the seventh from the first Walter ) and sonne to John , and so also uncle to Robert the first King of that Name , for so the time doth bear , and his father John ( or himself ) married the heir of Boncle , and was slain at the battell of Falkirk in the year 1299. This John was slain at Halidoun hill , together with his brother James , and Alan●… . ( Bu●…h . lib. 9. ) 2. The second is , Thomas ( apparantly sonne to John ) who assisted the Earle of Douglas , and the Earle of March in their taking of Berwick , in the year 1357. or 58. he died in the Castle of Dumbartan , having bin imprisoned there , but for what , is not known . 3. Then Thomas again , father to Margaret Stuart Countesse of Marre and Angus . 4. Last of all Margaret Stuart , daughter to this Thomas , married first to Thomas Marre Earle of Marre in her fathers lifetime apparantly . And after her fathers death ( who died without heirs male ) she was heir to her father by the renunciation of her sister Elizabeth ( who was married afterward to Alexander Hamilton of Cadyowe ) and so she was Countesse of Marre and Angus , Dowager ( or Lady tercer ) of Marre , and inheritrix of the Earldome of Angus . Her first husband dying without issue , she was married after his death to William the first Earle of Douglas , she being his third wife ( as hath bin shewed ) in the year 1381. She was a kinde Lady to her friends , loving to her sister Elizabeth , and a carefull mother to her sonne George Earle of Angus . She is never designed Countesse of Douglas , either for distinction , being better known by her titles of Marre and Angus , or because these were more ancient , and no lesse honon●…able . She is the twelfth from Bancho , and tenth from Walter the first Stuart , and she is the last of that Name in the house of Angus . And thus much of the house of Angus in generall before it came to the Douglasses , of whom now it is time to speak . Of the first Earle of Angus of the Name of Douglas . Of William the first Earle of Douglas and Angus . WE shall do no wrong to reckon William ( the first Earle of Douglas ) as the first Earle of Angus , also of the Name of Douglas , seeing he married the inheritrix of Angus . Nay we should do him wrong to omit him , being the root from which all the rest are sprung . He was the first Earl of Douglas , and first Earl of Angus of the Name of Douglas , though it be true that he was 23. or 24. years Earl of Douglas before he came to be Earl of Angus , and that is all the difference betwixt the antiquitie of these two houses in the possession of that Name . Now that it was Earle William himself , and none else , it is evident by a bond made by the said Earle William to his sister Marjorie ( Countesse of Marre ) for the due payment of the said Marjories third , let to him and Margaret Stuart ( Countesse of Marre and Angus ) where he calls her his wife . Also that the same Earle William was father to George , it is clear by a Charter of Tutorie , and entaile made by Sir James Sandilands of West-Calder to George , in which Sir James speaking sayes thus , The Land of Calder were given to my father and mother of good memorie by my Lord Sir William Earle of Douglas and Marre his father : that is , father to George . Of the life of this William we have spoken in the house of Douglas , whither we referre the Reader . Of George Douglas , second Earle of that Name , and sonne to Margaret Stuart Countesse of Marre and Angus . GEorge his sonne entreth to the Earledome in the year 1389. the 9. of Aprile , a boy of seven or eight years old at most , for he was born but in 1381. which is the first year that we finde his father and his mother married . His mother resigned the Earledome of Angus in his favour at a Parliament in the aforesaid year 1389 , the 9. of April , so that he hath the title of Earle of Angus , from that time forth , notwithstanding his mother was alive . He had to wife Mary Stuart daughter to King Robert the third , being then about 16. or 17. years of age . All that we hear of him in our Histories is , that he was taken prisoner with the Earle of Douglas , at the battel of Homeldoun in the year 1402. When he died is uncertain , onely thus much we know , that his sonne William kept Courts as Earle in the year 1430. So he hath lived 42. or 43. years . And certainly he hath not lived long ; for aster his death Mary Stuart his wife was twice married , first to the Lord Kennedie , and bare to him John Lord Kennedie , and James Arch-bishop of Saint Andrews , who are called brothers to his sonne George Earle of Angus . Then she was married to the Lord John Grahame of Dindaffe-moore , and bare to him Patrick Grahame Bishop also of Saint Andrews , and James Grahame first Laird of Fintrie . His children were William and George , both Earles of Angus afte●… him . Of William the third Earle of Angus , and second of that Name ( of William ) TO George succeeded William his sonne by Mary Stuart , as all our writers do testifie , and all men acknowledge , He was amongst those that were committed to prison by King James the first , in the year 1424. After this he was employed to receive the Castle of Dumbarre , when the Earle of March was imprisoned , in the year 1435. the 29. of King James the first his Raigne , he was made warden of the middle March. In the year 1436. he was sent against Percie , who , either by private authority , or publick allowance , had entred Scotland with 4000. he was about the same number : and had with him in company men of note , Adam Hepburne of Hales , Alexander Ramsay of Dalhousie , Sir Gilbert Johnstoun of Elphinston . They fought at Piperdain or Piperdean ( as say Boetius and Holinshed ) perhaps Harpardean by Hadington : for we see that most of them are Lowthian-men that are remarked to be in his company , yet it is hard to think that Percie could come so farre in with so few . The Earle of Angus was there victor , beginning his first Warres upon Percie , fatall to the Name belike . There were 〈◊〉 of the English 400. together with Sir Henry Cliddisdale , Sir John Ogle , Sir Richard Percie Knights ; taken prisoners 1500. Of the Scots one onely of note was slaine , Sir Gilbert Johnstoun of Elphinston ( Buchanan cals him Alexander , but amisse ) a gentleman of singular approved vertue ( sayes Buchanan ) and Boetius tells the manner , while he pursues the enemy too eagerly . Before this , Archbald Earle of Douglas , and Wigton was gone into France male-contented with the government , having been twice committed prisoner , to receive his Dukedome of Turaine . Every mis-hap is good for some body : that gave occasion and way to this employment , for while the house of Douglas was present , who but they for service against England ? who but they were able to do it ? Now they being absent , who but a Douglas ? A branch of that tree , and not long since come of it , especially being the Kings Cousin so near . So they begin , and so they shall continue with the like vertue . We hear not whom he married , nor any thing of his children , save of his sonne James who did succeed to him . Neither is it known when he died precisely : onely we finde that he was dead before the 1437. the 27. of Februarie . So that reckoning from the first year of his fathers marriage ( in the 1398. ) he hath lived some 41. years in all , and 13. years Earle , from the 1424. Of James the fourth Earle of Angus of the surname of Douglas . AFter William , his sonne James was Earle . Our warrand is a writ ; where he is served heir to William his father in Killiemoore , of the date 1437. Febr. 27. some 6. or 7. years after the death of King James the first . There are also diverse other writs of this kinde extant ▪ which do witnesse that he hath been , but of no use in publick , or for historie . Whither ever he was married , or had any children we hear nothing . He dieth before the year 1452. There is one thing not to be omitted , which is a bo●…d of Robert Fleming of Cummernald , to him ( where he is entitled James Earle of Angus Lord of Liddisdale , and Jedward Forrest ) to enter within the iron gate of the Castle of Tantallon or Hermitage , under the pain of 2000 ▪ marks upon eight dayes warning . The cause is subjoyned , because he had burnt the Earles Corne within the Baronie of North-Berwick , and taken away his Cattell there on Fasting-even , or Shrove-tuesday . It is dated in the year 1444. the 24. of September . This burning is a token of no good will even then betwixt the house of Angus , and the house of Douglas , whereof the Lord Fleming was a follower . Even then , I say , before the time of William slain at Stirlin . For this seemes to have fallen out about the time of Grosse James , or ( it may be ) in the beginning of Earle William . But it is hard to conceive how this man ( a depender of the Earles of Douglas ) should thus farre have bowed himself , and it is a token , that the Earle of Angus authority hath not been small . Howsoever , on these grounds we restored him to his own place , being left out altogether by all other that I have seen . Of George Douglas , the second George and fifth Earle of Angus . TO James succeeded his uncle George , by the consent of our whole writers , who ( all ) speaking of King James the second , call this George the Kings fathers sisters sonne . So the King and he , are brother and sisters children . We need not to impugne the received op●…nion ; The time and computation of years will admit it sufficiently , for though he were born two years after his fathers marriage 1400. yet shall he not passe 63. at his death . Neither doth any other thing that I know of , hinder us from beleeving this deduction . Wherefore we will follow them , though we have no other monument to testifie so much expressely , or to hinder him from being sonne to James . There is this scruple in it , that Buchanan calls James Kennedie ( Arch-bishop of Saint Andrews ) of greater age then George Douglas . Which if it be true , then George could not be his brother , for their mother was first married to Angus . We have monuments of him as Earle in the year 1452. May 24. and in the 1461. the last of September ; and of his sonne retoured heir to him in the 1463. So that he hath been Earle about 10. or 11 years . But our histories say it was he that assisted Creightoun to spoile the Earle Douglas Lands of Strabroke , &c. from about 1445. or 46. years , and so his time shall be 17. years . He married Elizabeth Sibauld daughter to Sibauld of Balgonie Treasurer of Scotland for the time , profitably , and not dishonourably . For his place of Treasurer was a place of credit and honour , and himself descended of honourable race , viz. the Earles of Northumberland ; who were of that name in the dayes of Malcolme Ke●…more , and Grandfather to the said Malcolme by his mother , and had the leading of the English Army that was sent in for his aide against Mackbeth , to the number of 10000. men . We finde also the name of Sibards in the dayes of King Alexander the second to have been in good account , of whom Buchanan writes that they entertained feed against the Earle of Athol , as also that the said Earle of Athol being burnt in his lodging in Hadinton , the chief of the Sibards whom he calleth William , without any further designation ( Boetius calleth him John ) being suspected thereof because of their known enmity , was called in question for it , and arraigned . And although he proved by the testimonie of the Queen , that he was in Forfaire at that time ( some 60. miles from Hadinton ) yet the Judge thought not this sufficient to absolve him , because the other party alledged that his servants and followers had been seen very many of them in the Town . And although he offered to purge himself by combat , it could not be accepted : Whereupon he fearing the power of his adverse party ( which were the Cumins ) fled into Ireland with a number of his name . By which relation it appears that this name hath been in good account , and this marriage no way disparageable . It was also profitable in effect , but more in hope , which was to have succeeded heir to the estate of Balgonie , both Lands and Moveables , she being his onely daughter , and he himself and his Lady of good age , the Contract also being made so that he should be heir , failing heirs male of his own body , whereof there was small appearance ; Yet ( as it often falls out in such cases , the Divine providence eluding humane wisedome , that they may know that there is a directing and over-ruling wisedome and power above theirs ) that hope was disappointed . His mother in law dieth , his father in law marrieth a second wife , and by her hath heirs male to inherite his Lands . I think if he had known what was to come , he would not have done it . And yet is Balgonie disappointed also , for his sonne had but one daughter who was married to Lundie , and so transferred it from the name , where he thought to have settled it . Angus gets with his Lady . 3000. Marks of portion , no small summe in those dayes when portions we●…e little and the terms of payment long . His children were Archbald , and another son ▪ whose name we have not . Some tell us of James Earle of Angus , and Lord Warden of the borders . But when should he have been Earl of Angus ? for Archbald succeeded to George ; and to Archbald his grand-childe Archbald . The truth is this James was before son to William , as hath been said ; yet it may be that he hath had a son named James also , though Writers do not name him . He had foure daughters ; first Elizabeth , married to Robert Grahame of Fintrie ; second Margaret , to Duncan Campbell ; third Giles ; and fourth Alison , of whose marriage there is no mention . He had also a son naturall , of whom are descended the house of Bonjedward . His daughters were not married in his own time ( belike they have been young ) but their brother in the year 1476. contracts with Robert Grahame of Fintrie , to marry his sister Elizabeth , failing her , Margaret ; and failing Margaret , Giles ; and failing Giles , Alison ; so soon as a dispensation can be obtained , for they were within the degrees then forbidden , she being the third from Mary Stuart the Kings Daughter , and Robert Grahame in the same degree ( belike ) son to James Grahame . The portion is 400. Marks . Margaret was married to Duncan Campbell ( we know not of what house ) in the year 1479. Her brother contracts for 600. Marks , and findes Robert Douglas of Loghleven , and Alexander Ramsay of Dalhousie suretie for it . Her mother gives her bond for their relief . To return to Earle George , we finde that he was a man very well accomplished ; of personage tall , strong , and comely : Of great wisedome , and judgement . He is also said to have been eloquent . He was valiant and hardie in a high degree . His father ( carrying the name of George also ) we saw how by his mothers help he raised and advanced the house many wayes , almost doubling the estate of it , as it was before him , this man reares it up a great deal higher upon the ruines of the house of Douglas : yet doth he also diminish his own patrimonie and revenues of Angus , whiles to gain service and dependancie , he bestowes liberally , chiefly his lands of Angus , for he redacted the greatest part thereof from propertie , to superioritie onely , there being above 24. Barons , and Lords in Angus , that hold their lands of the Earles of Angus . His determination was fully to follow the King , though against his Chief and Cousin . But the King who had espoused the quarrell , and made the Earle Douglas party , was nearer to him in bloud , and therefore reason inclined his minde more to him . Besides he was a King , duety required his assistance . Hope also swayed the ballance greatly : There is hope of a Kings liberality , chiefly when Lands come in dealing and parting . And he being a Douglas , and the Lands having belonged to a Douglas , he had great probabilitie to expect a large share in them . For to whom could they b●… given so justly and pertinently ? His brother Bishop 〈◊〉 could well egge him on . There was no hope of rising for him , that huge tree of Douglas standing which over-topt all others , and over-shadowed the whole borders , and almost the whole Kingdome . He was younger ( this Bishop ) than Angus , but wise , vertuous , learned , and of authority : Experience also had given occasion of late to think that the house of Douglas drew all to themselves . The maiden of Galloway ( the Earle of Wigtons daughter ) was thought fittest to have been matched to some other Douglas being near to the Earle ( as was thought then ) and the house too great already in the Kings eyes , not to beaugmented . But he would none of such wisedome , he marrieth her himself , and disappoints them all , who could look for any rising by these mens means ? Or in their standing in such greatnesse ? yet the cause seems to go higher than the Kings cause . For even when the Earle of Douglas had the Kings authority on his side , and Creighton was denounced Rebell , Angus assists Creighton against the Kings authority . Wherefore in all likelihood the course hath begun in King James the firsts time . Then hath the house of Angus entred into friendship with Creighton in the dayes of William Earle of Angus , which hath continued in the time of Earle James his sonne , whose Lands Robert Fleming therefore did burn and spoile in the Baronie of North-Berwick . And now that course begun then , is here prosecuted by Earle George to the utmost point . A pitie of such dissention in these houses , or one house rather , against which if it had not been thus divided in it self , their enemies could hardly have prevailed . For it cannot be denyed but the house of Douglas had great wrong , and was treacherously dealt with by Creighton , neither did it ever intend any thing against the King ; but the King was drawn to the partie against it : though in the good cause of it , it committed errours , it is to be pitied , and lamented ; for who doth not . Also George Earle of Angus declares not himself openly against the house of Douglas for a time . The support that he is said to have given to William Creighton is said to have been done covertly at the spoiling of Strabroke and Abercorne . Neither after that , untill such time as the King declared himself openly , slew William Earle Douglas at Stirlin , and made open Warre against James who succeeded to him . Then he also declared for the King , and bent his whole force and power to aide him . He had that same year before 1452. the 24. of May , taken a course for keeping good order in his Countrey of Liddesdale , and to keep his Castle of the Hermitage safe for him , and that his folks should do no hurt to others , nor receive any of the enemies . He had for that purpose made Sir Archbald Douglas of Cavers ( Sheriffe of Roxbrough ) and William his sonne , Bailiffs of Liddesdale , and keepers of the Castle , who undertook , and bound themselves to do what we have said , for which he allowed them a large recompence and reward , as the Indenture thereof ( yet extant ) doth testifie . He is stiled in it Warden of the east marches , William Earle of Douglas being then alive . Some give unto him the honour of the battell in which the Earle Douglas was defeated in Annandale , where the Earle Murray was slain , and Ormond taken in the year 1455. Others attribute all to the Lord Carlile , and Johnston . But however that was , in the year 1457. he defeated the said Earle , and Henrie Percie Earle of Northumberland on the east border ( which was his wardenrie ) in a bloudy battell . For the Earle of Douglas , and Northumberland ( a fatall Warriour to the Douglasses ) having conveened an Army , and come to the Merse , began to spoile and burn the Countrey . But the Earle of Angus set upon the Forragers and drave them to the hoast . The Earles moved with this indignitie ( though many that were gone out to forrage were not yet come in ) advanced and presented him battell , which he also accepted . After a sharp conflict on both sides with a greater courage and spite than strength , the victorie , which a long time was doubtfull which way to incline , at last fell to the Earle of Angus , not without some losse . The number of the slain was equall , but the English were put to flight , and many of them made prisoners . A chief cause of this defeat was the suddennesse of the enemie in giving battell , and his not staying for the rest that were abroad , and had been sent out to forrage the Countrey . For they being laden with bootie , when they heard the noise of the fight , were so farre from coming to succour their fellows , that for fear of loosing what they had gotten , they took their way directly home into England . This victorie did not a little recreate the King , being wearied both with civill and forraine Warre . For this service , which was exceeding pleasing and acceptable , the King gives him a new Charter of the Lordship of Douglas , upon a resignation , which he had gotten before when the Earle Douglas was forfeited . What other Lands he got we have no speciall mention . So the Earle Douglas being now forfeited , his brother slain , himself banished , and with small either effect , or effort , entertaining hostility by small incursions , rather than doing any thing for the advan●…ing of his main businesse , the face of the world was quite changed . The Earle of Angus was now made Lord of Douglas ; and howbeit he came somewhat short of that huge greatnesse and puissance of the former , yet was he nothing inferiour in place of authority , in credit and account , in action and employment , as we said in the beginning . Nothing was done but by him , and under his shadow . Bishop Kennedie had the greatest vogue ; he upheld the Bishop by his power , and by him men did come to finde favour , and did seek to have credit . We will set down two examples for all the rest , but those remarkeable , and sufficient to show of what great account and authority he hath been . The one is of our own Nation , the other of a Forrainer . The first is in the same year 1457. the 13. of May. We heard of James Lord Hamilton a faithfull , franke , and forward friend for the Earle Douglas , so long as he was a friend to himself by any action . He leaving himself , Hamilton also left him : I mean , seeing the Earle had lost that so sair occasion ( if not to cast the Dice for the Crown , as the Lord Hamilton said to him ) yet to cast the Dice for the victory , and to give or take conditions of peace , which he had at Abercorne , being moe in number than the King ; the Lord Hamilton was come in to the King upon this , that same night . He was received by the King , but not greatly credited , for he was committed to Rosselin ( a Castle then of the Earle of Orkneyes ) and afterwards ( say our writers ) freinds interceding for him , he was released out of prison , and received into most inward friendship . Thus sarre they go , but what friends these were , or how the friendship was made they do not tell . The Earle of Angus evidents tell us ; and show that it hath been he that did him this friendly office . For whether before to move him to intercede for him , or after in token of thankfulnesse ( though it be most likely it was after , because it is done at Tantallon , which must be after his releasement out of Rosselin ) he giveth to this Earle George a memorable remembrance . He , I say , being a noble man , and a notable active man besides , gives him his bond of service ( or Manreid ) and that in ample forme , and submisse terms , excepting none but the King and Queen . And that I may not seeme to speak without a warrant in so great a matter , scarce to be beleeved of some , and that I do rather amplifie things than set down the naked truth , I will set down the very words of the band , as it is extant in the hands of the Earle of Angus , which now is copied word by word , that every man may judge of it , as he thinks good . Be it knowne to all men by thir present Letters , me James Lord Hamilton , &c. to be comen , and by these presents to become Man of speciall service and retinue , for all the dayes of my life-time , to an high and mighty Lord George Earle of Angus , Lord Douglas , and Warden of the East and middle marches of Scotland , foregainst England . Before , and against all them that live , or die may ; mine allegeance to our soveraigne Lord the King , and my band of service to our soveraigne Lady the Queen Mary now present , allanerly out-tane . Promising all and sundry dutifull points in bands of retinue contained , to observe and keep to my Lord foresaid , as effeirs , for all the said time . In witnesse of the which thing I have gard set my seale . At Tantallon the 13. day of the moneth of May , the year of our Lord 1457 , &c. It hath been no small matter , nor small authoritie of him to whom it is given , that hath moved such a man to give such a Band. His credit hath been great , and Hamilton hath either received great benefit at his hand , or expected to receive some . I take it , that he hath procured his libertie , and obtained to him that favour in Court that our Writers speak of , to be of the Kings inward friends . I suppose also that kinred hath been of some moment to move him to it . The reason of my conjecture is , because we have heard before , that Elizabeth , sister to Margaret ( Countesse of Marre and Angus , and Grandmother to this Earle George ) was married to Sir Alexander Hamilton of Cadyow ( as some call him ) by which mean this James Lord Hamilton might be third from her , and the Earle of Angus and he Cousins twice removed , or fourths in kin , as we speak . But this I referre to them that have the monuments of that House . However , what more honour could have been done to the great House of Douglas in the greatest grandour thereof , than what is here done to the House of Angus ? Neither is it any dishonour to him that doth it . It is but folly to think so : Houses have their beginning and grouth : Mine to day , thine to morrow . This same Lord Hamilton by these beginnings , within a few years ( 17. or 18. at most ) shall lay such grounds of greatnesse , as shall lift his House above any subjects , to the very top of all , so as to have the Crown entailed to his Posteritie , and to enjoy it for a while as Regent and Governour . Let us remember the changes of the world , and the vicissitudes of Fortune , and let every man bear with patience , and hear with calmnesse , either what he is now , or what he was before . And this for the first domestick witnesse of honour and authoritie , credit and greatnesse of the House of Angus in this mans person . The other amongst Forrainers was greater ; which is this : The King of England , Henry the sixth , being overthrowne , and put out of his Kingdome and Countrey of England by the Duke of York , Edward the fourth ; he , and his son , and his Queen being come into Scotland for refuge , he indents with George Earle of Angus for his assistance , to help to restore him to his Kingdome , and bindes himself to give unto George Earle of Angus , and his heires , Lands lying betwixt Trent and Humber , worth 2000. Marks sterling of yearly rent . 2. That he should erect it in a Dutchie , and infeft the said Earle therein , in as free Knight-service as any Land in England ; and that the Earle , and his heires , should be Dukes thereof . 3. That in time of peace between Scotland and England , it should be lawfull for the said Earle , to repaire to England to his Dutchie , or to Court , or where he pleased , with an hundred horse in train . 4. And that if there happened to be warre betwixt the Countreyes , it should be lawfull for him to send 24. armed men , who should be under the King of England his protection , to gather and up-lift for his use , the rents and revenues of the said Dutchie . 5. That it should be lawfull for him , during the warres between the two Countreyes , to serve the King of Scotland ; which should no wayes prejudice him in the enjoying of his Lands ; neither should it be a cause of forfeiture or unlaw . 6. That he should not be bound to answer in person to the Parliaments of England , or any other Court of Justice ; and that neither he , nor his Tenants , should be fined for his non-compearance . 7. That this Indenture should be showne to the Pope , and ratified by him . And so it was ; sealed and subscribed with a ( Henry ) as long as the whole sheet of Parchment , the worst shapen letters , and the worst put together that I ever saw . And ( as I beleeve ) it hath a particular Letter of confirmation of the Pope in the hands of the Earle of Angus . It is thought that when William Earle of Douglas went secretly into England , that his errand was to this , or some such purpose , to have made a proffer of his service to King Henry , on these or the like conditions . For even then the seeds of civill discord were sowne , and began to bud forth . But either because things were not as yet come to any ripenesse , or for that the Earle of Douglas was fallen into disgrace with his Prince , nothing was done . Now about the year 1460. ( in the minoritie of King James the third ) King Henry came into Scotland , and did thus transact with the Earle of Angus ; A rare thing , and whereof the like example is hard to be found in any subject , except it be the Earle of Douglas , concerning the Dutchie of Turaine with the King of France , which is not unlike in many things . Howsoever , this shews how little inferiour the house of Angus hath been to the house of Douglas in credit and authority at home and abroad . This Indenture took no effect , it being now too late , and King Henries estate brought to so low an ebbe , that both his friends and his fortune having forsaken , and turned their backs upon him , his aide could not suffice against the whole power of England to make head against King Edward , and to stoppe the current of his victories . Notwithstanding Angus gave him a taste of what he could have done for him , and shewed him in a notable exploite , how available his service would have been , if his case had not been desparate , and past recovery . Which though it were not rewarded with a Dutchie , yet doth it not want , nor ever shall want the due reward of high praise and honour as one of the hardiest , and greatest interprises , that hath been atcheived by any subject . The Queen ( King Henries wife ) had obtained of her friends in France a few souldiers , 300. of which were in the Castle of Anwick with Monsieur Brissac their commander . King Edward following his victories , and that he might prevent or suppresse any commotion that might arise in the North parts , or out of Scotland was come to Durhame with a great Army . He himself remaining in the Town , sent abroad his Commanders to take in all such Castles as stood good for King Henry . Amongst others he sent the Earle of Warwick to besiege Anwick with 20000. men . He had another Army lying about Bambrough not far off from this , and a third besieging another Town . King Henry ( and more especially his Queen ) being very solicitous , for the French men dealt with the Earle of Angus very instantly to have them relieved . He promised to do his best , and performed no lesse than he promised . He assembled to the number of 10000. horse , amongst whom there were 500. empty horses or moe ( for commonly the best appointed have ever two horses for service ) upon which he might mount the French-men , and bring them away . So he marches toward Anwick , and when he came within a little space of the Castle , he ranged his men in order of battell in the sight of the English Army , making show as if he would have invaded them , or at least that he meant to bide them battell if they should offer to set upon him , or hinder him in his purposed businesse . In the meane time he sent those 500. spare horse conducted by some choice troups to a posterne of the Castle to receive the French , and so brought them away . Some of the the English esteeming it a great affront , to suffer them to be carried away in such sort from under their noses , advised the Earle of Warwick to stay them . But he was resolute in the contrary , and told them , that he had no commission to fight . And ( sayes he ) who knowes what more aide these may have near hand in the parke , or some other place . And suppose they have not , these are certainly all choice men able enough to sustaine our charge . They cannot take the Castle with them into Scotland ; let them take the men , I shall get the Castle , which is all that my commission bears . And so he lets them go , who returned into Scotland with the French men , an acceptable present chiefly to the Queen of England . This was a fair assay and preamble of his ensuing services , which being prevented by King Henries destinie , and his death , were smothered in the cradle , and his Dutchie engrossed in parchment to have lien betwixt Trent and Humber , is confined to a narrower precinct within the compasse of a Coffer . Notwithstanding of this greatnesse and power , to make him yet stronger , and more puissant on the borders , he did excambe his Lands in the Maines and Clarberon with Robert Grahame of old Monrosse , and got for them the Lands of Eskedale upon the border . He contracted his sonne Archbald , and his heir apparant to Catherine daughter to Alexander Earle of Huntly , or to any other of his daughters which the said George should choose . The portion 2000. markes , the termes of payment 10. years , 100. markes every terme . That if Archbald should die , his brother ( whom the Indenture doth not name ) should marrie one of the said Earle of Huntlies daughters . That the Earle of Angus should give his sonne 100. mark Land in Angus . That Archbald after he be seven years old shall be given to the Earle of Huntly , and the Earle of Huntlies daughter to the Earle of Angus . The Indenture is dated at Saint Andrews 1461. the last of September . This marriage took no effect , what ever were the cause thereof . Either before or after this there fell out a dissention amongst the Estates about the choosing of a governour and protectour for the young King James the third . In which he and his brother Bishop Kennedie with the greatest part of the Nobilitie , opposed themselves to the Queen , who pretended to be Tutrix , and had now usurped that place a year , while as the Nobilitie being busied in the Warres , had no leasure to look into these things . The Queene and such as followed her remained in the Castle , and the other party in the Abbey of Halyroodhouse . A Convention being appointed , the Queene and her faction came to the Parliament house , and declared her Tutrix , So soon as this was known , the Earle of Angus , and James Kennedie came up to the market place , where the said Bishop declares that their intention was nothing else but to maintain their old law , and the ancient practice of the Countrey , which was that in such cases the Nobilitie should choose one whom they thought most fit to undergo that charge of governing , which was for the good both of the King and Countrey , whereas they of the other party intended nothing but their own particular advantage , as he should show more evidently , in time and place convenient . After this speech , as they retired to their lodging , they were advertised that those who were in the Castle with the Queen , were coming down in armes to assault them , or to have hindered them from making this declaration . The Earle of Angus thinking it a great indignitie , that they being more in number , and better in qualitie , should give place to the weaker , and the meaner and inferiour partie , and that in such sort as might seeme to be a direct flight , could scarce be retained , but that he would needs turne upon them and fight , though he were not armed , as they were . But the matter was composed by the mediation of the Bishops of Glasgow , Galloway , and Dumblane , and assurance given for a moneth . After the expiring whereof , having entred into a new consultation , with more peaceable and calme mindes , both parties agreed , that the King and Countrey should be governed by foure Noblemen , two of which should be chosen out of the Queenes partie , and two out of the other . For the Queen she chose William Lord Grahame , and Robert Lord Boyd , then Chancellour ; for the oother side they chose Robert Earle of Orkney , and John Lord Kennedie , all chief of their Name and Families . Here is no mention of the Earle of Angus , which makes me think he hath died in this mean time , during the Truce , otherwise being principall of this other side , they would not have neglected him . Sure he died much about this time , which seemes to have been in the year 1462. Neither did his brother Bishop Kennedies businesse go so well after this . He was buried in Abernethie amongst his Predecessours . His wife ( after his death ) is said to have married a younger brother of the Captain of Crawford , and that she got from her sonne Archbald the Lands of Balmoodie in Fife , and that the house of Balmoodie is descended of her . Which notwithstanding , we finde her binde her self for relief of her sonne for the payment of her daughters portion , 1479. as a free person making no mention of a husband . It is true he might also have been dead ; then the space being 17. or 18. years . But if her sonne were so liberall as to give her such Lands , he would never have troubled her to binde her self for his relief in the payment of his sisters portion in likelihood . Of the first Archbald , sixth Earle of Angus , called commonly , Bell the Cat. TO George succeeded Archbald his sonne and heir , a boy about 5. or 6. years of age at the most . For in the year 1461. the last of September , he is not 7. as appears by the Indenture made betwixt his father and the Earle of Huntly concerning his marriage . It took no effect : but in place thereof he marries EliZabeth Boyde , daughter to Robert Lord Boyde , then one of the Governours of Scotland , viz. in the year 1468. the fourth of May. Which makes it seem that the match hath not failed on the Earle of Huntlies part , but on his , or at least theirs to whose tuition he hath been committed . They , or hee preferring credit at Court before their keeping and fulfilling of the Contract made by his father . But it was little to their advantage , for the next year after that the Court was changed , the Boydes were discarded ; his brother in law Thomas Boyde ( sonne to Robert ) banished , and his wife ( the Kings sister ) taken from him , and his brother Alexander Boyde execute . As for their father Lord Robert himself , he fled into England . And this is all the fruits he reaps by his marrying for Court. He was by this our calculation 14. years of age at the most ; and yet his Lady gets seasing of Abernethie upon his resignation the same year the 1. of May. It is not unlikely that one William Douglas of Clunie hath had some hand in the guiding of his minoritie , for we finde that the wardship of the Lands of Tantallon , and Earledome of Douglas was given to him ; and he having again resigned it into the Kings hands , the King makes a new disposition thereof to Archbald , non obstante non aetate ejusdem , notwithstanding his nonage , which was then 16. years 1470. the 26. of June . Six years after , he hath care of his sisters Contracts by himself with Fintrie for one of them ; and three years after that he takes upon him the burden for his mother , and hath her bound for his relief 1479. as hath been said in his fathers life , being then about 25. years of age . This dutifulnesse towards his sisters , deserves that he should be blessed with children of his own , and that he should have good successe in his affairs who begins so well . And so it was with him : for he had by his wife foure sonnes ; and three daughters , all honourably provided . His sonnes were , first George called commonly Master of Angus , because he came never to be Earle , being slain at Flowdon before his father died . The second , Sir William of Glenbarvie , who married Elizabeth Authenleck , heir of Glenbarvie . Third Gawin , who was Bishop of Duncale , a man of singular wisedome and prudencie , and well lettered according to the times . This 〈◊〉 had a base daughter , of whom the house of Foulewood ( Semple ) is descended . We shall have occasion to speak something of him in the life of Archbald his brothers son , in whose time he lived . The Duke of Albanie being Governour , having conceived some jealousie against the Earle of Angus , and the Douglasses , whereupon Angus was sent to France , and his uncle this Bishop was sent for to Rome by letters from the Pope , at the Governours procuring , to answer to such accusations as were given in against him . As he was going thither , he was seased of the plague at London in the year 1522 ▪ and died there ; leaving behinde him great approbation of his vertues , and love of his person , in the hearts of all good men . For besides the nobilitie of his birth , the dignitie and comelinesse of his personage , he was learned , temperate , and of singular moderation of minde ; and in thefe so turbulent times , had alwayes carried himself amongst all the Factions of the Nobilitie equally , and with a minde to make peace , and not to stir up parties ; which qualities were very rare in a Clergie-man of those dayes . He wrote in his native tongue diverse things . But his chiefest work is the translation of Virgil , yet extant in verse , in which he ties himself so strictly as is possible , and yet it is so well expressed , that whosoever shall assay to do the like , will finde it a hard piece of work to go through with . In his Prologues before every Book , where he hath his libertie , he sheweth a naturall , and ample vein of poesie , so pure , pleasant , and judicious , that I beleeve there is none that hath written before , or since , but cometh short of him . And in my opinion , there is not such a piece to be found , as is his Prologue to the 8. Book , beginning ( of Dreams and of Drivelings &c. ) at least in our language . The fourth son was Archbald Douglas of Kilspindie , who married a daughter of one Little in Edinburgh . He had by her Archbald of Kilspindie , who was Provest of Edinburgh in King James the fifth his minoritie , and was married to the Earle of Crawford his daughter , by whom he had first Patrick , secondly Alexander , and thirdly James . Patrick was married to one Murray , a daughter of the house of Balbaird , by whom he had William . After that he married Agnes , daughter to the Lord Gray , and had by her two sons , and two daughters . And thus much of his sons . His daughters were first Marjori●… , married to Cudbert Lord of Kilmaers in the year 1491. Her portion was 1700. Marks . Secondly , Elizabeth , married to Robert Lile Lord Chief Justice . Her portion was 1000. Marks , whereof 100. pounds was to be payed at the first Terme , and then 50. pounds termely till all were payed . It is with dispensation , which is a signe that they have been in kin before the year 1493. Thirdly , Jennet , whom we finde contracted to Robert Lord Harris , in the year 1495. Novemb. 22. to be married , and that he 〈◊〉 divorce from the wife he had , so soon as can be . That she in the mean time shall not marry elsewhere . For which caufe she is infeft in his Lands of Tarrigla , with the Kings confirmation past thereupon , the same year and day . Her portion is , that the said Earle then Chancellour , shall procure his Lands to be new holden of the King. This fact , for a man to contract to part with the wife he hath , and marry another , as it is harsh to conceive , so being done so solemnely by such persons , we must suppose it had sufficient and honest grounds . For certainly the Earle of Angus , being withall Chancellour for the time ; needed not to hunt after unlawfull or unseemly marriages for his daughters . Some reckon a fourth daughter , whom they name not , but say she was eldest , and married to the Earle of Montrose , this Earles great Grandfathers father : but because I have not seen any monument of her , I reserved her to the last place . He had also sundry bastard sonnes after his wifes death . First William of the Parkhead , of whom the house of the Parkhead is come , and the Lord of Torthorrell by his mother . Secondly James of Tod-holes : And thirdly one that ( they say ) was gotten in Glenbarvie , born after his decease . But this seemes to be false , because they affirm commonly , that a●…ter the field of Flowdon ( where his sonne George was slain ) he went into Galloway to Saint Maines , and lived the space of a year an austere life . Then he was not thus incontinent , if that be true , neither came he to Glenbarvie , seeing he lived in Galloway . He had also a base daughter . And thus much of his children . To come to himself : we have heard how his father Earle George raised the house of Angus to such greatnesse of credit and authoritie , that it was become not much inferiour to the house of Douglas , to which it had succeeded . Archbald his son did no way diminish it . But when he came to be of years fit for managing affairs , he so behaved himself , and gained so good opinion of his wisedome and courage , that the whole burden of the estate of the Countrey did lye upon him 〈◊〉 . And for that cause chiefly he is commonly designed by the epithete of The great Earle of Angus . For as touching his Lands and Rents , we finde no great augmentation of them , save that he provided his children well . If we consider the means , it hath been his own worth and sufficiencie that hath brought him to it : for he began indeed his marriage with Court , as a fit mean whereby to rise ; but that lasted but short while , as we have heard . The Court changing , it was rather a mean to have wrought him discredit . Notwithstanding of which , and though he was young himself , we finde nothing , but that his businesse went right . He got his own wardship , even when his alliance were at the hardest pinch , that same very year that Thomas Boyd had his wife taken from him , and married to another . His successe in the marriage of his sisters doth also show the same . Neither hear wee of any hard effect that their dis-courting did produce toward him . It was he that was the chief actor in taking order with Robert Cochran , and the other Courtiers , that did abuse the King and Countrey . He propounds the matter to the Nobilitie , he opens up the estate of things , he puts hand to work , and executes what was concluded . The rest consent , and follow , he goeth before in every thing . And even then when he did all this , he was of no great age , not above five and twentie ; and yet his credit , power , and authoritie , was able to go through with it . The History is written at length in our Chronicle , we need do no more but transume it . Neither is it necessary that we do that to the full , it will suffice to set down onely what is requisite for laying open the occasion and circumstances for clearing of the fact , that the Reader may the better discerne the right from the wrong , which otherwise lye confused . Thus it was . King James the third of that name , a man of a great and high spirit , and of a hastie nature , and prone to anger , and such a one as would not suffer patiently his own judgement to be contradicted , could not away with that freedome of speech , which he found in his Nobilitie : wherefore hee made choice of such to be about him , as would not correct , but approve all his sayings , and who would not offend him by gainsaying , but did curie ▪ favour by soothing of him , and who with flattering admiration did extoll all that he said , or did . Wherefore excluding the Nobilitie , he was wholly at the devotion of a few of his servants with whom he advised , and consulted of all busines , and either followed their opinions , or made them to consent , and ex●…cute his will. Thus he began to do about the year 1474. having after his marriage ( in the year 1470. ) addicted himself most part to his domesticke , and private pleasures , seldome coming abroad , or giving time to the affaires of his Kingdome . He had gotten about him base men both in place and worth , whom he had advanced to honours , and nobilitated . Amongst these there was one Robert Coghran a Mason by his trade , whom he made Earle of Marre , An English singing man called William Rogers , whom he honoured with Knight-hood , with diverse others of meane rank and qualitie , whose chief commendation was that they were impudently wicked , and villanous . This Rogers is thought also to have been his Pander , and an enticer of him to lewdnesse and wronging his Queen . Amongst these base men , there was one Gentleman of good birth , but he seeing the Kings inclination , had set himself fully to follow it in all things ; wherefore he had given his daughter to Robert Coghran in marriage as a bond of friendship and soci●…tie , his name was Thomas Preston . There was also a young page John Ramsay , who was of the same combination . These were the Kings Minions , Counsellours , and whole confidence . On these he reposed , and cast the burden of affaires . Their hopes were built upon the ruine of the Nobilitie , that by their fall they themselves might rise . These were Counsellours and Executioners of the murder of his younger brother John ; and had caused him to commit his other brother Alexander to prison in the Castle , who had died likewise , if he had not found means to escape in the night , by making a rope of his bed-clothes , and so got over the wall . To these great evils there were joyned worse things . He had given himself to seek responses , and predictions of things to come , chiefly concerning his own estate , of Magiciens , and Witches . He had for that purpose brought one out of Flanders that was thought very skilfull in divining , named Andrew a Physician by profession , and Astrologer . This man had given the Kings Ambassadours some proof of his cunning when they went through Flanders to the Duke of Burgundie . He hearing whether they were going , told them they needed not to make any great haste , for they should hear news of the Duke ere it were long . And so they did indeed , for within three dayes they heard that he was slain . When they came home they related this to the King , extoll his skill , and inflame his minde ; which was too prone of it self , with desire to hear him . So he was sent for , and being come , was presented with many rich gi●…ts . And good reason he should , if he could withall have instructed the King how to avoide the evils that were to come . But meerly to foretell evill which could not be shunned , it was too dear bought evil tidings . Yet that is all he doth , tels him that his own should be his ruine . The King interprets it of his brethren , his kins-men , and his subjects , especially the chief of the Nobilitie . Whereupon being suspicious and jealous of all others , he trusted none but his foresaid Minions . By these doings he makes way for the fates , by slaying or warding his brother , he irritates the Nobilitie , he suspecting them , and being suspected of them by a mutuall fear . They to secure themselves , put hand into the Courteours who were the authours of these evils ; he interprets that to be Rebellion against himself , and seeks how to be revenged . They for their safety are driven from point to point , constrained by necessitie for the preservation of their lives , cast off all respect , and take Arms openly , drawes his sonne to the party ( his own nearest according to his responses ) whereon ensues his ruine . This is the effect of seeking to Magiciens and sooth-sayers , whereof we seldome hear a better end . And it is but deservedly , that those that leave the authour and fountaine of all good ▪ who guides all by his providence , to follow follies and superstition , and the authour of all evil and wickednesse should be thus served . This is the effect of pride and arrogancie , that leans onely to its own judgement , and will not give way and libertie to admonish and informe rightly . Upon which , other inconvenients do follow by degrees : First with-drawing the ear from faithfull Counsellours , then giving themselves to flatterers , then entertaining of these , and rejecting and casting off others , whereof ariseth suspicions , jealousies , wrongs , injustice , from hence shedding of bloud under colour of law , or without colour in open Tyranny , as no man at first becomes extreamly wicked . At last followes the ruine of the authours , together with the ruine of others . To return to our point , it came so about here . The warre began betwixt Scotland and England ; An Army behooved to be raised , and for the raising thereof the Nobilitie must be conveened . Loath were those new men to the work , they knew not what they might think when they were conveened . But there was no remedie , their privie counselling could not sustaine the warres . That was the part of the Noblemen , and could not be done without them . So they are conveened ; the Army raised marches toward the borders , on to Lawder they go . It is a Town in the confines of Merse and Tivedale , which countries were both wasted by the incursions of the enemy . Nothing will make men wise where there is ruine determined . The place , the time , the enemy , the necessitie to use the Nobilitie , could not serve to admonish the King and his Courteours to give them some small countenance and contentment . Whom they were constrained to employ , they would not endeavour to please . On they go with their wonted course . The King only countenances , consults , advises with his Cabin-councell . Neglects ▪ the Nobilitie and distrusts them . It had been strange if they had not recented it ; and as strange if they had not remedied it . Now was the time or never . The force , power and all was in their own hands . They disdain it , they regrate it in private one to another . They agree on the generall , that some order must be taken with these disorders . They appoint a meeting for advising of the forme and particular manner how and what to do . The place , Lawder Kirk ; the time , next morning betimes . Thither they come at the time prefixt . Here the Earle of Angus , first in place and rank , first in credit , first in authority and their account , is also first in speech , and is said first thus to have opened up the matter unto them . My honourable Lords , I hold it not needfull to go about with many words to set before you the Estate of this Kingdome . For some things you your selves remember , some you see before your eyes . Our chief Noblemen are thrust into exile , and forced either to suffer into lerably , or do unjustly . And you who are the Arms and Limbs of this Kingdome are left without a head , as a Ship without a Pilot and Master , exposed to the storms and tempests of fortune . Our fields are burnt , our goods carried away , the labourers killed , or seeing no other remedie of their manifold miseries , have yeelded themselves to the enemy . His Majestie in the mean time a man indeed ( if he were himself ) of a generous minde and rare understanding , bewitched in his affection , asketh no advice or counsell of his Nobilitie , but consulteth of peace and warre , of the good of the Countrey , and safety of us all with a few base , vile , and ignorant fellows , who by relating the predictions of Sorcerers and Magicians , fill his sick minde with vaine fear and superstition . And these men determine and set down decrees of our lives and estates , who knowing that they merit the hatred of all men , do therefore hate all men . Neither do they seek onely to lessen your authority , but to strike off your heads by one plot or other . Some of you they have already made away by death , others by banishment . Neither do they , as commonly new risers do , climbe up to the highest places by degrees , but they make the carcasses of the Kings sonnes steps for them to mount upon , and water their growing honours with the Bloud Royall it self . One of his brothers they have most cruelly murdered , the other they have constrained for fear to forsake his Countrey , and become a Captain in the enemies Camp. And now being rid of them , they lye in wait for the rest . For being conscious of their own basenesse , they cannot endure any that is excellent or eminent . Whoso hath riches to satisfie their avarice , or power to assist their bold attempts , him they reckon for their enemy . And do we prepare our selves to withstand the common enemy ? And encampe against England ? As if any were more deadly and more to be feared then he whose greedinesse our goods cannot suffice , and whose thirst of slaughter our bloud is not able to quench . Now that you may know how much this inward plague is worse than that outward foe , put the case that England ( which God forbid ) should overcome , what could we look for at their hands ? what would they make the end of their hatred , or reward of their victory ? The death of the King do you think , or of yourselves ? verily , I beleeve neither . Our contentions have not been for lives , but for honour and empire . And a noble heart , as it is vehement and violent against those that oppose , so is it easily mitigated by prayer and entreaty ; and even with the consideration of the 〈◊〉 of humane affairs it is moved to pity and compassion . But let us suppose the 〈◊〉 , that they being 〈◊〉 of our old debates , and 〈◊〉 up with present victory would take the Kings life , which of these two doth deal more easily with us ? He that by depriving us of life , doth also take away all sense of evil ; or he that reserveth that to daily 〈◊〉 and 〈◊〉 , which next after our God , should be most dear to us ? who besotting the minde with Witch - 〈◊〉 , do 〈◊〉 the King to the destruction of his nearest kindred , who detaine him like a captive ▪ and will not 〈◊〉 him at any time to show his face to his loyall Subjects ? that they may enjoy the comfort of his countenance , and he behold their service 〈◊〉 his honour and safety . They are not so much to be reputed enemies , who with displayed banner professe hostility , as they who within the wals lye in Ambush for your overthrowe . who drawing away his Majesties affection from his friends betray him to his enemies , and making you destitute of a leader , would expose you to the mercie of your enemies . Into whose hands if you do fall , though perhaps you escape death , yet shall you not eschew shame and ignominie , and which is wors●… than a thousand deaths , 〈◊〉 , and bondage . If you get the day and 〈◊〉 victorious , you shall not for all that , acquire that which is the end and fruit of victory , honour and renown to your King , rest and 〈◊〉 to your selves , and to your posteritie , a flourishing and prosperous ●…state of your Countrey , but on the contrary a greater liberty to your adversaries for the present , and greater security for the time to come , ruine and destruction to your selves ; and to your King a worse slavery , So that by vanquishing you shall not be so much freed from troubles abroad , as you shall increase your miseries at home . Wherefore my opinion is , to speak it in a word , that first we shake off this yoke of servltude at home , before we enter into fight with the forraine enemie . Otherwise all of us shall be slaves to the will and pleasure of a ●…ew , we shall strengthen our enemies , and become Traitours to the common-wealth . What you shall resolve to do , I pray God to prosper . When the Earle had ended his speech●… , there arose a confused murmure throughout the whole Assembly , for they had not the patience to give their votes in order , but all cryed out together , testifying their approbation and assent to his speech and opinion . Amongst others there present , the Lord Gray was one , whom some would have to be he that slew the Earle of Douglas at Stirlin , commonly called Cow●…-Gray . But if it were he , he behoved to be of great age now , and of greater at the battell of Bannock-burne , where he is also said to have been ▪ wherefore I take it rather that this hath been his son . However , the Lord Gray heard all , and seeing their forwardnesse , craved audience , and told them the Apologue of the Mice , who consulting in a publick meeting , how to be sure from the Cats surprising of them , found out a very good way , which was to hang a bell about her neck , that would ring as she st●…pped , and so give them warning of her approach , that they might save themselves by flight . But when it came to be questioned who would undertake to ti●… the bell about the Car●… 〈◊〉 , there was never a mouse durst cheep or undertake it . The Earle of Angus understood his meaning , and what application was to be made of it ▪ wherefore he answered shortly , I will Bell the Cat , and what your Lordships conclude to be done , shall not lack execution . For this answer , he was alwayes after this named Archbald Bell the Cat. And so they concluded , that these wicked Counsellours , and their Complices the Courtiers of the same qualitie , and stamp , should be brought to judgement , and punished according to their deserts . In the execution whereof their main care was that no inconvenient should come to the King , which because it might fall out in a tumult , they ordained that the Army should lye quiet , and onely the Noblemen with their houshold servants should go to Court , and apprehend them as peaceably and calmly as possible they could . After the meeting was broken up , as they were going along , they encountred by the way with Robert Coohran , whom the King ( informed of their meeting ) had sent to know what the matter was : For it seemed to be some businesse of moment , and great importance that had moved such men to conveen at such an houre , so early in the morning . He had about his neck a gold chain of great weight , which the Earle of Angus took hold of , and straining it a little , This chain , said he , doth not become a man of your rank , but I shall ere long , give you one that will become you to weare farre better , and so pulling the chain from his neck , he delivered him to one of his men to be kept sure . After that he went on to the Kings lodging , where the Guard and others that were present astonished with the suddennesse of his coming , or reverencing the dignitie and majestie of his person gave place , and shrank away , so that the rest were easily apprehended without resistance or tumult . Onely John Ramsay fled to the King , and clasped his arms about his middle , and at the Kings request was pardoned in respect of his youth which excused his errours , and seemed to promise for him , that he would do no more so . The rest were led forth , and accused . 1. Of causing kill the Kings brother John. 2. Of inciting the King , and animating him against his other brother Alexander Duke of Albaine , so as to banish him : 3. Of sowing dissention betwixt the King and his Nobles . 4. Of drawing him to superstition , witch-craft , and magick to the offence of God , and slander of Religion . 5. Of perswading him to coyne a certain kinde of brasse , coyne of no value , which the people called the black coyne , which fact of all other was most odious to the vulgar . For hereupon had ensued great dearth of corns and victuall , while as the owners did choose rather to suffer their graine to rot in their Garners , then under the name of selling to give them to the buyers , for so they thought it to be a gift , and not a sale . Their accusations were no sooner read , but all cryed out against them ; and so they were condemned to be hanged over the bridge of Lawder . That sentence pronounced , was so acceptable to all that heard it , that they ran and brought their horse halters , and bridle reines to serve for ropes , and strive who should have the honour therein , the whole Army , and Nobilitie concurring and assisting at their execution . And thus they did remove those men , whom the good of the King , of the Nobilitie , and whole Countrey required necessarily to be removed from their Prince . Yet it was done with as great respect to himself , as it could be in such a case , where matters were to proceed contrary to his minde . They offer his person no violence , they do not mis-behave themselves in words : they are carefull it be not done by any in a tumult , and therefore come accompanied with the fewer number . They grant his desire when he did interceed for one of the guiltie , which shewes how willing they would have been to have granted the rest also , if it could have been done safely . A very remarkable and rare example of carefulnesse of the Common-wealth , joyned with all modestie , love , and dutifulnesse towards their King. Their behaviour was just such as Lawyers prescribe in such cases , who accounting the person of the Prince sacred , and not to be touched any way , do allow that their wicked counsellours and abusers only be taken order with , where the good of the Countrey enforceth it . Wherein the Earle of Angus being the principall actour , the chief commendation thereof can not be taken from him ; the praise , I say , not onely of wisedome in propounding , and perswading , of courage and resolution in under-taking , but also of discreet moderation , and dutifull regard to the King , in performing of this action without tumult , or uprore . Happie had the King been , if he could have taken it up rightly , and as he saw how far his wicked abusers were hated , he had also read their love and regard of his person , that appeared in every act of this Tragick Comedie , written in fair and Capitall Letters . He made show , as if he had taken all in good part , but it was not in sinceritie . He accounted it high treason and rebellion , and set his minde wholly on revenge . He saw what was done to his Courtiers , but he would not see the respect carried to himself ; for upon this occasion the Army dissolving , so soon as he came to Edinburgh , and found himself at libertie , he retired to the Castle with a few of his familiar friends , as not da●…ing to trust his Nobilitie . Which when they perceived , they had their private meetings and consultations apart . Hereupon his brother Alexander moves the King of England to send an Army with the Earle of Glocester , hoping to do somewhat for himself . And so he doth ; for the Nobilitie sent for him , and made him chief man of the party , under the name of Generall Lieutenant of Scotland . The King remained in the Castle , from whence he is brought out , and restored to his own place , his brother endeavouring by modestie to approve his uprightnesse , and banish all jealousies by his actions . But all would not do ; he continues his jealousie , and the effects of jealousie , an evill minde , and ill-will . Intends to make him away , some say by poison ; whereof he being advertised , with-drawes himself again into England ; and that he might be the more welcome thither , he put the Castle of Dumbar into their hands . Neither doth he bear any better minde toward the Nobilitie ; but still intends their ruines , making up a heap of crimes , calling all their proceedings and actions rebellious . And after a short while , the Courtiers began to follow the foot-steps of those that had gone before them , and nothing terrified with the example of their end , began to trade the same path that they had done . John Ramsay ( who was pardoned at Lawder ) procured an edict from the King , that none but he and his followers should go armed in those places where the Kings Court did converse . The King thought it was hard for him to deale with them all at once , therefore they must be divided . For this effect he insinuates himself , and becomes very familia●… with a part of them , and advanceth them to honours . He makes the Earle of Crawford , Duke of Monrosse , a great and powerfull man. But who was so fit for his service as the Earle of Angus ? he makes as if he were fully reconciled to him , hath him continually about him , countenanceth him every way , communicates with him his most secret affairs , some say he made him Chancellour ; but the Chancellour ( Andrew Stuart Lord of Evendale ) was even now living , at the coming in of Alexander Duke of Albanie ; neither hear we of his death , neither do we finde in old Evidents , that the Earle of Angus is entituled Chancellour , before 1493. which is after this Kings death , in King James the fourth his time , though we have Evidents of the year 1488. and 89. To him the King opens his mind so far , as finding that the principal of the Nobility were in Edinburgh the K. sends for Angus to the Castle , tells him that now he hath a fair occasion to be avenged of his enemies , that he wóuld cause seize and apprehend them : for if the Leaders and Chief of the Faction w●…e once cut off , the rest would not dare to stirre : that if he should neglect this opportunitie , he could hardly look for the like hereafter . Some say , that he purposed to have invited them to a supper in the Castle , and so to have laid hands on them , others say , that he meant to have caused take them in their lodgings in the night , which is not unlikely . The Earle of Angus , though he were no very old Cat ( some 31. or 32. ) if that was 1486. as it should seem , yet was he too warie and circumspect to be drawne by a straw . He knew himself to be as guilty as any of them , and as much hated for his guilt . But he was now within the Castle , and had need to carry himself wisely . To refuse , might endanger his life ; to consent he could not , it was so grosse and foule . Wherefore he frames his answer after such a kinde , as might be both safe for himself , and no waies prejudiciall to the rest . He tells him what a disgrace it would be for him , if without order of law he should ( all of a sudden ) bring so many Noblemen to the scaffold without a crime , to whom he was but lately reconciled , and had promised remission of all that was past , especially at such a time when they trusted to the publick assurance given them for their securitie . Neither will those that ●…emain , said he , be terrified , and dismayed with the death of these few , but be irritated and driven to despair , and so to greater violence . But if it will please your Majestie to follow my advice , I shall tell you a better way to give you satisfaction . Do but charge and summond any of them at any time to under-lye the law , and I with my friends and followers shall bring them in by force openly , and in fair day light , to what place you please , where execution may be done according to law , which is not onely more safe , but more honourable , than either to betray them under colour of friendship , and feasting , or to invade them in the night , as if they were set on bytheeves and robbers . This being spoken with that grace and courage wherewith he used to accompanie his actions , the King acknowledging it was true that he said , and knowing he was able to performe what he promised , supposing he spake in sinceritie , gave him many thanks ▪ and having loaded him with as many promises , dismissed him . Assoon as he was come to his lodging , he revealed all to the Noblemen , and withall went himself out of the Town . From that time forth there was no more peace . The Kings counsell being revealed , he distrusted all men . The Nobilitie seeing his resolution to ruine them , and that there was no trust to be given to his words , despairing of concord ; whereas they had before sought his amendement , and not his over-throw , retaining ever a dutifull love and regard to his Person , now they set themselves , and lay all the plots they can how to undo him . Yet can they not be alienated from the race of their Kings . His son had not offended , and fell to succeed . They affect him for their Captain . He is also most acceptable , and most agreeable to the people , and so fittest for them . Others might be suspected , envied , or mis-interpreted . Wherefore they allure him to their partie by his keepers , and his keepers perswade him by feare of being disinherited , and put besides his succession to the Crown . And now the parties are adressed , the King and his own son . There was divers times mention of peace , but where all trust was taken away ▪ it could not be established . They send the King word flatly , they could not give credit to his promises . And so there was no way to mediate a peace , but by his dimission of the Crown to his son . That condition was intollerable ; he aggravates it to forrain Princes , and to the Pope , shewing what an ill president it was for all Princes . But before any help can come from thence , the Lords make haste to come to a conclusion , which fell out according to their desire . The Kings Forces lay most part beyond Forth , and in the Northerne parts . For conveening of them , Stirlin was the fittest place . Thither l●…e takes his way with the Forces he had : The Nobilitie following as near as they could come to him . Yet was he gone before them , and might first have come to the Castle . But being excluded by the keeper , he is constrained to hazard the battell at Bannock-burn . There , having overthrown the vanguard of the enemy , he was overthrown by the Anandale men , & west-borderers that bare longer spears than they that were on the Kings side . The King himself hurt with the fall of his horse ▪ and wounded in the right arme , fled unto a water-mill that was near unto the place , with intention to have fled to his Ships . But he was perceived , and known by the partisans of his Guard , that stuck to him ( which were trimmed with white fringes or fasses ) and followed by Patrick Lord Gray , and Stirlin ( of Keir ) and a Priest named Borthwick . Which of these , or if all of them fell upon him it is uncertain , but there he was slain by them . Fame layes it most on the Lord Gray , who if it were Cowe-Gray ; it seemes his apprentiship and his practice in his old age have been very sutable . For he it was that slew William Earle of Douglas at Stirlin , under this Kings father 35. or 36. year before this . He hath put a long time between his assay , and his master-piece , and gone too high in it . If it was his son , he hath followed well his fathers example , and gone beyond him also . All this while the Earle of Angus part was honourable and kindly , his heart could not digest the slaughter of his King. He sought his own safety , and to shorten the reins of his unbridled minde , but for his life , he neither sought it , nor could he suffer it to be taken so farre as he could hinder it . Wherefore seeing the victorie to be on their side , he cryed oft to save the King , attesting all for their love to God , and for their respect to the young Prince his sonne , that they should do him no harm . This was cast in his teeth by the way of reproach as childishnesse , or too much tendernesse of heart at such a time , by the Lord Gray . There were slain on the Kings side the Earle of Glencarne ( and a few of his fellows ) the Earle of Angus married his daughter three years after , to Robert Lord Kilmaers son or rather Grand-childe to this Earle of Glencarne . This happened 1488. the 28. of King James Raigne , and 35. of his age . But the Warre did not end with the death of the King. The old Kings faction was rather scattered than broken , chiefly his Navy and Sea Forces , of which the Captain ( Andrew Wood ) stood out obstinatly . In the North the Lord Forbes had gotten the Kings bloudy shirt , & carrying it upon a spears point like an ensinge , through Aberdene and other Towns stirred up all he could to revenge the Kings slaughter . In the Westerne parts of the Kingdome , the Earle of Lennox assembled his power , and divers moe with him did send their messengers to and fro , exhorting the people every where not to suffer so detestable a murder un-revenged ; forbidding them to scarre at the shadow of the present Kings authority , whom these Parricides did detaine a captive to countenance their wickednesse , he being rather a prisoner than a Prince , the whole power resting in the hands of the Douglasses , Humes , and Hepburnes . That even in that regard they would take Arms to free him from their tyrannie , who would make the World beleeve that he being but a childe of 15. years of age were so unnaturall as to allow of his fathers murder . Besides all this the English made some trouble by Sea with five Ships , which lay in the mouth of Forth , and not onely infested the Merchants and such as did trade by Sea , but also many times came a Shore , and pillaged the Countrey . These were prognosticks of a storm arising , and of a tempest as great as had been from the West , from the North , and from the Sea. But these droping Clouds which threatned an after-clap were quickly dispersed by the prudent handling of the other party . Andrew Wood was intreated , and brought not onely to be no enemy , but also to set upon the English Ships , which he did with his own two onely , and brought in the five English to Leith . Lennox was defeated by the Lord Drummond , whose daughter George master of Angus had married : and the Northern men hearing of it sat quiet , and stirred not . And for conclusion a Parliament was held at Edinburgh the 6. of November , where all that was done at Bannock-burne was decerned to be good service , and that those that were slain there , were slain through their own default , and that those that had taken Arms against them were free from all crime . This had been done before in the Parliament when the King was crowned , but there were so few present then , that they thought it necessary to renew it here , where both parties were present . And so it was not onely enacted , but subscribed by all that had vote in Parliament . Thus did Angus with the rest of his associats governe those matters which seemed to be very hard to settle , both wisely and moderately . For they used not their victory and power either cruelly or covetously . They forgave sincerely those that came in and yeelded , and punished gently the more obstinate , fining them in their goods , or taking from them some portion , or parcell of their Lands and Possessions ; but there was no man ruined , or wholly undone by them ; And so they both pacified things , and did not much displease the parties , who bare it patiently when they called to remembrance for what small faults , and upon what slight pretences men were turned out of their whole Estates in the late Kings time . By these meanes they procured a true and sincere peace among the Subjects , strengthened with a generall love and submission of both parties to the King. And to confirme all the two principalls of the other party L●…nnox and Forbes came in , and were received into favour : Many attribute the commendation of all this to the King himself , whose inclination ( it cannot be denied ) was good ; but to speak the truth , as it is , he was but young , and not a Guider , but guided , even by the confession of the adverse partie . Neither could he of himself have carried things so wisely , for all his good disposition ; neither was he able to have done it , though he had been skilfull , if there had not been great moderation in those that were about him . Wherefore seeing both common report , and our Histories also make our Douglasses , Humes , and Hepburnes , the chief authors and actors in these matters ; I see no reason why we should defraude them of their due commendation of being men that were dutifull to their Countrey , and withall very respective to their King , having laboured all they could to reclaim him , and after he had shut himself up in the Castle , restoring him to his full authority , and even when he was seeking their lives , they did tolerate him a good while , being very loath to come to extremity . And last being forced to it by necessitie for the preservation of their own lives , they had regard to the race of their Princes , yea to himself , and his life in the greatest heat of the battell , ever willing and desirous to save him . And then after the victorie , we ●…ee how moderate they were against their detractours , slanderers , and profest enemies that had taken Arms against them , how meek in bearing with them , how carefull too , with calmnesse to reconcile them , how gentle in using of them , how wise and prudent in thè whole progresse of pacification . And above all the moderation of their desires is to be remarked ; for they did neither increase their estates , nor enrich themselves on whit , by spoiling or viole●…●…eizing of any mans Lands or Goods . The Earle of Angus was made Chancellour . But that was after the death of the Lord Evendale , and so it was not taken from any other man , neither was there any wrong in it . And on whom could it have been so well bestowed ? who was so 〈◊〉 for it ? and who so worthy of it ? Besides , it seemes that he got it not in the Kings minority , when he had all power in his own hand under the shadow of the Kings name , and so might have extorted it from the King in those troublous times , for he is never termed Chancellour 〈◊〉 the year 1493. which was 5. years after Bannock-burne , and then all the troubles were quieted and pacified , and the King came to be 20. years of age , able to guide his affairs by himself . The Lord Hume is also made great Chamberlaine of Scotland , yet that was also in the Kings power to give , and belonged to no man. What other casuality , or benefite they acquired by the Kings liberality , we finde not , unlesse it were the Guardianship of the inheritrix of Glenbarvie , which Angus got , whom he married to his son William . But suppose they did get any such thing , yet was it without injury to any man and un-reproveably . Wherefore we may say justly , that no Princes minority was ever so moderately and innocently , so justly , wisely , and prudently guided amongst so great troubles and grounds of dissention . This made them that they feared no man , having offended no man , but were even secure in the Kings presence , notwithstanding that he had enjoyned himself a pennance , for being accessarie to his fathers death , which was the wearing of a chain of iron about his middle in stead of a girdle , to which he added every year a new link or ring . Not the lesse of all this , they were never afraid of the King nor jealous of him , but interpreted this well , and took it in good part , not onely because they trusted to the Kings gentle disposition , or because they confided in their own Forces , as being of the stronger faction ; but also because they reposed on the conscience of their fact , the necessity of doing what they had done , and innocencie every other way towards every man. From this time the Earle of Angus continued Chancellour , so named in all Writs and Indentures untill the year 1496. the 14. of January , at which time he contracts his daughters to the Lord Harris , and the Lord Lile . He indents with Hugh Douglas Deane of Buchan , and sonne to the late Earle of Ormond , in two severall Indentures , whereof the condition of the one is to pursue for the lands of Evendale in the year 1493. the other in the year 1496. the 14. of January , is to this purpose ; That the said Hugh shall pursue for Glenwhome , Gladstanes , and any other Lands pertaining to the Earles of Douglas , Lord of Evendale , or his father the Earle of Ormond , and that having obtained them he shall resigne them in favour of the Earle of Angus . Other things remarkeable we have none , untill about the time of the Field of Flowden , which makes it seem to be probable ( which some allege ) that all this time he was confined in Arane . The pretended cause ( as they say ) was secret intelligence with King Henry of England ; but the true cause ( they say ) was his taking Jean Kennedie , daughter to the Earle of Cassils out of Galloway , to whom the King bare affection , and to whom the Earle gave infeftement , and seizing of the Lands of Bothwel , although he never married her . As touching the pretended cause it hath no appearance at all , seeing there was alwayes peace and friendship betwixt us and both the Henries ( the 7. and 8. ) untill the warre was denounced , or a very short time before . And concerning that of Jeane Kennedie , we have a note of an Indenture betwixt Angus Chancellour , and the Lord Kennedie , but they have neglected to set down about what it hath been in the year 1496. So that we are uncertain what to think of it . And contrary to this we finde that the Lands of Bothwel were not in the Earles hands , but in his sonne Georges , who got them from the Lord Bothwel in exchange for the Lordship of Liddisdale , which for that cause he resigned into the Kings hands in favor of the Earle Bothwel in the year 1492. so that the Earle could not give her the Lands that belonged to his sonne . Further our Histories tels us , that when James Earle of Aran , who was sent with the Navy which the King had prepared for a present to Queene Anne of France , had turned in upon Ireland , and having burnt Knockfergus , was come to Air a Sea-port in Coile , the King offended with his folly , gave the charge of the Ships to Angus for prosecuting of the voyage . But Aran having heard of it , hoysed saile , and was gone before Angus could come to the place where the Ships lay . Now although it should seem by this that the King continued his favour toward him , yet there are some apparant reasons to move us to think that it hath been somewhat diminished . For Alexander Lord Hume was made Warden of all the three marches ( and that before Flowdon ) of which the east and middle march at least had continued under the government of the Earles of Angus , for the space of three or foure generations , descending from father to sonne by succession , from Earle William in the persons of James , and George to this present Archbald . Other mention , or monument of him we have none till the Warres betwixt King James the 4. and King Henry the 8. of England . It is reported by some , that the Queene and he did what they could to disswade the King from that Warre , but when he could not prevaile with him , he followed him into England . There the King having wasted Northumberland , and taken Norham with some few other Castles , got a view of the wife of one Heron of the Foord , and did so fancie her , that he neglected the prosecuting of the warre , and care of his Army , and did nothing but dallie with her . Whilest the Army lay there idle , the English sent a Herauld to the King desiring that he would appoint a day for battell . But the greatest part of the Nobility did dislike it . And the Earle of Angus though he saw all this and many moe errours , yet he held his peace all this while , whereas the rest of the Nobilitie reasoned with the King , but in vain . For the King told them flatly , he would fight them though they were a hundreth thousand more , and that he would retire . Then ( and not till then ) the Earle of Angus hearing his answer , and knowing the danger of such resolution , being the Chief man amongst them both for years and authoritie , he went about to set before the King the reasons of the counsell given him , hoping by that meane to break him of his determination , in these words . Sir ( said he ) your Majestie hath done abundantly to satisfie your friendship with the King of France , in that ye have made the King of England withdraw the greater part of his Army out of France , and have turned the danger of the War from him without endangering your self . For they cannot keep the fields long in a Countrey that is so cold and wasted , especially now when the Winter is so near . Neither need your Majestie to wonder that the French Ambassadour is so instant with us to fight ; he being a stranger , it is no strange thing to see him prodigall of other mens bloud , who doth not regard the good of the parties , but the benefite that will thereby redound to France . Besides , his request is altogether impudent and shamelesse : For he requires us to do that which his master ( a man of great understanding ) thinks not fit to do for his own Kingdom . Neither should the losse of this Army seem small , because our number is few , for all that are of worth , & excell either in wisedome or valour in Scotland are here , and these being slain , the vulgar will become a prey to the enemy . Therefore as it is safest for the present to prolong the Warre , so is it most profitable in generall . For if Lewis would have either thè English exhausted with charges , or wearied with delay , what is more convenient , then to compell him to divide his Forces , by keeping one half thereof continually in readinesse against us , who lye in wait to invade his Countrey upon every occasion , so to ease the French of so much of their burden ? As for your honour and reputation , which men pretend , what can be more honourable , than having razed so many Forts and Castles , wasted and spoyled their Countrey with fire and sword , to returne laden with such store of spoyle , that they shall not be able to recover their losses , nor their soile redeem the former beautie in many years , though there should happen to be peace ? What greater commoditie can we expect to reap of the Warre , than in such a tumultuous noise of Armes to have leisure to refresh our souldiers with ease and quietnesse , to our credit , and to our enemies shame ? Of all the victories that are acquired , that which is obtained more by counsell , than force of Armes , is most properly the victory of man , and the praise of it doth onely redound to the Commander and Generall ; for in it the Armie can claim no part or interest . When the Earle had ended his speech , all that were present shewed by their countenance , that they did approve and assent unto his counsell . But the King who had solemnely sworn to give battell , heard him unwillingly , and answered angerly ; bidding him , if he were afraid , go home . Then Angus seeing the King obstinate , and fore-seeing in his minde what would be the event of such headinesse , burst forth in teares , and after a while having gathered his spirits again , when he was able to speak , If my former life , said he , doth not free me from the imputation of fearfulnesse , I know not by what other evidence I can clear my self ; while this body of mine was able to endure labour and toyle , I spared it not for the defence of our Countrey , and honour of our Kings . Now seeing my counsell , by which onely I am able to do good , can have no place , I leave here my two sonnes , who next after my Countrey are dearest to me , together with the rest of my friends and kinsmen ; the surest pledge that I can give of my affection to your Majestie , and to the rest that are here present . And I pray God that this my fear may prove frivolous , and that I be rather esteemed a false prophet , than that those things happen , which I think I see before mine eyes . And so he took his leave , and departed , leaving behinde him with the King his eldest son George , and Sir William of Glenbarvie , whom he exhorted to carry themselves valiantly , as those they were come of had ever done , and recommending them to God and their good fortune , he rode home . As the Earle of Angus presaged , so it fell out : for the battell was fought at Flowdon , where the day was lost , and the King slain , yet his body could never be found , which had been easily discerned by the chain of iron which he ware for a girdle . There were also slain at this battell George Master of Angus , and Sir William of Glenbarvie , with some 200. Gentlemen of the name of Douglas . Their father the Earle went to Saint Mains in Galloway . He lived there a year after , an austere and hard life , where he died also , and was buried in the Church of Saint Mains , about the year 1514. his heart was carried to Douglas . The years of his age were 61. or 62. by all the conjecture that can be made . So that it hath not been so much for his years , as for some other infirmitie , that his body hath not been able and fit for service , as he sayes himself at Flowdon . He was a man every way accomplished both for minde and body . He was for stature tall , and of a strong composition . His countenance was full of majestie , and such as bred reverence in the beholders ; wise and eloquent of speech ; upright and square in his actions ; sober and moderate in his desires , valiant and couragious , a man of action and undertaking , liberall also of heart and hand , loving and kinde to his friends ; which made him to be beloved , reverenced , and respected of all men . He gave proof of his personall valour in a duell which is reported to have been thus . The King on a time was discoursing at table of the personages of men , and by all mens confession the prerogative was adjudged to the Earle of Angus . A Courtier that was by ( one Spense of Kilspindie ) whether out of envie to hear him so praised , or of his idle humour onely , cast in a word of doubting and disparaging : It is true , said he , if all be good that is up-come ; meaning if his action and valour were answerable to his personage and body . This spoken openly , and coming to the Earles ears in the worst interpretation , offended him highly . It fell out after this , as the Earle was riding from Douglas to Tantallon , that he sent all his company the nearest way , and he himself with one onely of his servants , having each of them a hawke on his fist in hope of better sport , took the way by Borthwick towards Falawe ; where lighting at the brook at the West end of the town they bathed their hawkes . In the mean time this Spense happened to come that way ; whom the Earle espying , said to his man , Is not this such an one , that made question of my manhood , I will go to him , and give him a triall of it , that we may know which of us is the better man. No , my Lord , said his servant , it is a disparagement for your Lordship to meddle with him , I shall do that sufficiently , if it will please your Honour to give me leave . I see , said the Earle , he hath one with him , it shall be thy part to grapple with him , whilest I deal with his Master . So fastening their hawkes , that they might not flye away in the mean time , they rode after him , and having over-taken him ; What reason had you , said the Earle to him , to speak so contemptuously of me at such a time , doubting whether my valour were answerable to my personage ? When the other would have excused the matter , he told him , that would not serve the turne ; Thou art a big fellow , and so am I , one of us must pay for it . The other answered , If it may be no better , there is never an Earle in Scotland , but I will defend my self from him as well as I can , and will rather kill him , if I can , than suffer him to kill me . So alighting from their horses , they fought a certain space , but at last the Earle of Angus with a stroake , cut Spenses thigh-bone asunder , so that he fell to the ground , and died soon after . The two serving-men were very hard at it still , when the Earle came and stayed them , saying to Spenses man , Go thy way , tell my Gossip the King , there was nothing here but fair play : I know my Gossip will be offended ; but I will get me into Liddisdale , and remain in the Hermitage till his anger be over . And so it is thought he did : whereupon the King , when he was pacified , caused the Earle to exchange his Lordship of Liddisdale , with the Lands of Bot●…well , alleging that there was no order to ●…e had of the Earles of Angus so long as they kept Liddisdale : What other reasons the Earle had to move him to this excambion , I know not , nor why he should have preferred Bothwell ; but it is certain his son George exchanged them with his consent . One fault he had , that he was too much given to women ; otherwayes there was little or nothing that a man could have wished to be helped in him , or that was amisse . Archibaldus Angusiae primus . Palponum dum turba ferox illudere regi Non timet ; idque palam plebsque patresque fremunt ; Amissum decus imperii ; vilescere sceptrum ; Omnia turbari tum foris atque domi ; Cochronum extinxi ( caput horum & dux nebulonum Is fuit ) & laqueo colla scelesta ded●… . Talibus infestus quod sim Gnathonibus , atro Dente petit , famam rodit & aula meam . Faex hominum , procerum pestis , Regumque ruina ; Quo magis oblatras , hoc magis illa nitet . Archbald of Angus , the first of that name . Whiles bloudy flatterers did not fear T' abuse their Princes name and ear : Whiles great , and mean , and all repine , Whiles the Kings honour doth decline , His rule too much despis'd by all , And State affairs to ruine fall . Cochran their Head was hang'd by me : And for I punisht such as he , They do attempt my name to stain With slanders , but these dregs of men , The pest of Courts , the shame of Kings , Their greatest hate most honour brings . Of George Master of Angus , and sonne to Archbald the first . HIs eldest son ( as hath been said ) was George slain at Flowdon , designed commonly by the appellation of Master of Angus . He was married to Elizabeth Drummond , daughter to the Lord Drummond of whom we told how he defeated the Earle of Lennox . His children by her were three sonnes . First Archbald , afterward Earle of Angus . Secondly Sir George of Pittendrich . Thirdly William Priour of Colding hame . His daughters were , First the Lady Yester . Secondly the Lady Basse. Thirdly Jeane Lady Glames . Fourthly Alison , married first to Robert Blackader , of Blackader , and afterward to Sir David Hume of Wedderburne . Fifthly the Lady Drumlanerige , as I take it . Also they mention a sixth , married to a Baron in the North , whom they name not , neither do I know who he should be . His age at his dea th ( to reckon from the 15. year of his fathers age in the 1469. to the year of his own death at Flowdon 1513. ) was not above 44. His actions , because he never came to be Earle , are not recorded . Some dealing there was betwixt him as Governour of Liddisdale , and the Lord Dacres in England , with whose Deputies he agrees to meet at Dumfreis , for doing of Justice in the year 1489. the year after the King was killed at Bannock-burne . So at Cannabie he met with the Lord Dacres himself , where they accorded not well : For they intended both to send to the Councels of both Nations to have their determination of their differences . He agrees the same year with Sir Robert Lundie of Bagonie , Treasurer for a generall remission to Ewsdalde , Eskdale , and Niddisdale , which I think should rather be Liddisdale , for a 1000. pounds , being at this time not above 20. years of age , not out of Curatorie by the Laws , though that was in his fathers hands . Yet we see also Courts held in his name , by his Bailiffs , as a retoure of Adam Ker , to some Lands in Selkrig , in the said year , which makes me to think he hath been then married . Also he it is , as we told above , that excambes the Lands of Liddisdale for Bothwell with Patrick Earle Bothwell , resigning the Lands of Liddisdale , and the King disponing them upon the resignation in the year 1492. upon what reason either the Earle Bothwelshould have affected these , or he preferred the other , and not thought himself as fit to rule that unruly Countrey as any other , I have not heard . But it was done in his fathers life time , who was no fool when he was in his greatest vogue , the first three years of King James the fourth . He allies afterward with this same Earl Bothwel , marrying his sonne Archbald to his daughter , but that must be long after , except that he hath been married young , as some say he was . In the year 1510. he indents for the marriage of his fourth daughter Alison to Robert Blackaders sonne , and apparent heir to Andrew Blackader of that Ilk. Her portion 300. marks , the terms , 1. at the compleating 40. pounds , and 20. pounds , at the feast of Martimasse next a●…ter ; and so 20. pounds termly till it were payed . That same year he is in●…eft in Abernethie . And this is all we have of him , which we have set down chiefly for his children , and the Historie that followeth of them . Of Archbald the seventh Earle of Angus and the second Archbald . TO Archbald the first , succeeded Archbald the second , his Grand-childe by his sonne George Master of Angus . He was thrice married , first to Margaret Hepburne daughter to Patrick Hepburne the first Lord Bothwell , being as yet very young : for at his second marriage he was not old , but a youth , or stripling , Adolescens . She died in childe-birth within the year ( as they say ) immediatly a●…ter the Field of Flowdon . 2. His second wife was Queen Margaret relict of King James the 4. and daughter to King Henry 7. of England . She bare to him a daughter Lady Margaret Douglas , who was married to Matthew Stuart Earle of Lennox , and bare to him Henry Lord Darnly , that married Queen Mary of Scotland , and father to King James the sixt of Scotland , and first of great Brittain now happily reigning . Lady Margaret had also another sonne named Charles , who was father to the Lady Arabella . 3. His third wife was Margaret Maxwell daughter to the Lord Maxwell . She bare to him a sonne and a daughter , who died both of them before they were 8. years old . He had also a base daughter by a daughter of Traquairs , Jeane Douglas married to the Lord Ruthven . Some say that he begot this daughter in the Queens time , while she lying in of Lady Margaret Douglas in England , after her delivery went to London and stayed there with her brother King Henry the 8 and with her sister the late Queen of France , and then Duchesse of Suffolk . Others say that it was before . He had also a base sonne ( as I take it ) commonly called George the Postulant to a by-name , because ( I know not upon what claim or title ) he did postulate and claim the Abbacie of Aberbroth ( or Abernethock ) and not onely did postulate it , but apprehended it also , and used it as his own . Having brought the house of Angus still increasing , and growing in greatnesse , and honour unto this man Archbald the second , shall we suffer it now to decay , or to take halt in his person ? No , but we shall see it increase so much the more , as he approacheth nearer unto that descent , which is able to give honour unto basenesse it self , far more to adde and multiply honour upon that which is already honourable . Men do not onely take honour from their progenitors ; their posterity makes them honourable , when they have much honour , and that variable according to the degrees of their honour more or lesse . Which seeing it is undeniable , in what place of honour shall we rank this Archbald , father to the Lady Margaret Douglas , and by her great Grandfather to our Soveraigne King James of great Brittain ? This one thing is enough to list him up to the highest top of honour . All other things are but accessary ; yet are they additions of great importance . Men are honourable by their marriage : Who then so honourable as he ? Having married a Queen , a Kings daughter , a Kings sister , a Kings mother . Others also of the Subjects of this Countrey have married Queens ( I grant ) But none of them did marry Queen Margaret , a Lady so vertuous ; None did marry a Queen so Royally descended , and every way Regall in her father , her mother , her brother , her sister , her husband , her sonne being all of them Kings or Queens . None did marry a Queen without some blemish and diminition of her reputation but he . None with the approbation of all men ; even of the Queens own chief Kinred , with the allowance , desire , and exhortation of her Kinsfolks , of King Henry the 8. But you will say perhaps , that this hath been chance or fortune , or ignorance in her , blindnesse of an impotent woman , who placed her affection without desert , or that it hath been ignorance in King Henry her brother , a forrain Prince ill informed . Let us therefore hear such witnesses as were not blinded , either with womanly affection , or with the ignorance of a stranger ; such as were unpartiall , and who had neither fear nor hope , love or hatred , which are the common causes of partiality . These are ourhistories , which if they record truth ( as they are recorders of truth ) if there was any more worthy , or before him in any good quality , then let it be accounted folly in her , and weaknesse in her brother . What do these our Histories then say ? First of his place and descent , they say he was the first of the youth of Scotland for Nobility . Lo here is one good quality , and that a very main one , wherein her choyce and her brothers approbation are justified , and he shown to be worthy , nay most worthy by hi●… place and birth , whereof we have said enough heretofore . But let that be thought of no moment or value if there be no more . What say they next ? What of himself ? In himself ? in his personage ? The first of the youth of Scotland for favour and comelinesse of personage . I dare not consent to them that make no account hereof . It hath ever been in account ; men have thought it worthy , whereon to bestow a Kingdome . It is yet regarded , it affects all humane creatures , and moves us whither we will or no ; They say that beasts discern it not . I doubt of it , though we are not able to discern their discerning of it . But let them be beasts that do so . And let this also be nothing in him , if there be yet no more in him ; if there be no qualities joyned to it , which it gives lustre to , as gold to a Diamond . Let it be ( as in all men and women ) like a ring of gold on a Swines snout , ill placed , and matched ; unseemly , and unworthily . Yet it is gold , and gold is ever precious , and to be desired ; although the Swines snout of ill conditions be not worthy to be so fairly and finely deckt , or adorned . What are then his other properties and qualities of minde and man-hood , soule and body ? which is the third point . The first and principall ( say they ) of the youth of Scotland in all good exercise , knowledge , cunning , skill and understanding , belonging to a man of his place ! for I doubt not there were many more cunning Clerks than he ; yet not more sufficient in uprightnesse , honest vertue , dexterity , and good addresse , both in politick matters belonging to the good government of the Countrey ; and Gentleman-like , exercise becoming his estate , for body or minde , for peace , or warre . What particulars they are we shall see in his particuliar actions ; viz. valour , and true courage , with love and kindnesse to his Countrey , hereditarie properties from the very root of which he is sprung . Also wisedome and magnanimity , truth and uprightnesse in words and actions , with others which will appear , as the occasion occurres . And so we have him by these testimonies thrice ( that is every way ) first , or chief and principall . 1. Chiefe in Nobility beyond all . 2. Chiefe in personage , beyond all . 3. Chiefe in vertue , and all good arts ( for so is the word ) or qualities , beyond all . Worthy therefore whom the Queen should have preferred , and made choyce of to be her husband beyond , and before all . Worthy of whom should descend that race of Kings so Noble , beyond all . Which as it honours him , so doth it not disgrace or disparage that Noble and Princely race , to be come of such an one in his person ; of such stock in the whole race and descent of that whole Family , so noble , so worthy , and heroicall every way . Not so much private in place , as Princely in worth , all vertue and magnanimity ; though otherwise Subjects . And thus the honour of the house doth rise in his person , whom we see accounted by all every way honourable , honourable by bloud , honourable by vertue , honourable by marriage , honourable by affinitie and alliance , honourable by progenie and posteritie , honourable by all actions , by all valiant , and alwayes worthy acts . As for his greatnesse and puissance , we finde it at his entry and beginning matched ( yea over-matched ) by the Lord Hume Chamberlaine ; But in end harderto be matched by any , nay matching ( almost ) what should not be matched in any sort , wherewith no Subject should match himself . Which however good or evil it be in using , yet it is greatnesse to have done so . To come to his particular actions ; The first we finde is his marriage , which is not indeed to be attributed to his prudencie , or his purchasing , yet is it the effect of his worth . She affected him , and he had reason not to refuse the party . Her brother King Henry consents , and writes lovingly to them both . He had his own particular end , which was to counterpoize , or weigh down the French faction , and to hinder the incursions of Scotland by his means ; some say also to stay the Duke of Albanie from coming home to be Governour , but that was not yet motioned . And though that were his end , yet the other was the end of his desire to stay Albanie , and his main scope ; for all that he aimed at by staying of him was but to stay the Scottish warres , which he by his coming was like to set on foot . Things fal out contrary many times to mens intentions . This marriage brought in the Duke of Albanie , and by him had strengthened the French if he had guided wisely , kept the hearts of men in Scotland , and entertained his home-bringer , the Chamberlain , and given him a thankfull meeting for that work . But there is a providence , if men would observe . This plot fails King Henry , that fails the Chamberlain , this fails the Duke of Albanie . The King hopes to hinder the French by this marriage ; it furthers them to be all the guiders , being brought in by the Chamberlain . The Chamberlain looks to be rewarded , he hath his head stricken off . The Duke thinks that the Chamberlains death shall breed him all quietnesse , ease , and power , it looseth him the hearts of all men , and at last his office . The working of these things was thus . The Queen was by the King her husbands testament left Regent during her widow-hood . That lasted not long ; from the 25. of September untill the next Spring was ended , say some : others fay untill the 6. of August almost a year . Then she marrieth , and so fals from that charge . The Earle of Angus did labour to have it continued , and used a strong motive , which was , that so the peace should last with England , which was both profitable and necessary . The Queen during her Regencie had procured it ; She had written to her brother that he should stay the war , and abstain from troubling his Nephews Kingdome ; troubled already too much with factions within it self . He had answered her , that he warred against the Scots , when they made war against him ; and that he would keep peace with them when they kept peace with him . This was a magnanimous minde , and a Princely ( say our writers , not envious of the praife of the English ) though indeed it were not without a good policie . For by that meane he had leasure to prosecute his French intentions without fear of being disturbed or diverted by the Scottish incursions . But we will not extenuate it : he had indeed the better hand of it , and at this time peace was more needfull for Scotland . And therefore this reason brought by Angus for the continuation of the Queens authoritie was so much the greater . But it could not move the other party , whereo●… the Lord Hume ( Chamberlain ) was Chief . They shew their willingnesse to honour the Queen . That appeared ( say they ) in this ; that contrary to the ancient custome of this Kingdome , they had suffered and obeyed her authority , whiles she her self kept her right by keeping her widow-hood . Now that she had quit it by marrying , why should they not choose another to succeed into the place which she had left ? which the old laws would also have taken from her , which do not permit that a woman should govern in the most peaceable times , far lesse now , when such evils do threaten , as can scarce be resisted by the wisest and most sufficient men . This they pretended , and touched the point that did annoy them . The marrying of the Earle of Angus had made him too great already , the continuing of her authority would make him farre greater . This they can not endure ; especially the Chamberlain who was jealous of his greatnesse , which he thought would impair and lessen his own , already beginning to decline , by the retiring and with-drawing of Liddisdale and Anandale from following him , and casting them again under the wings of the Douglasses , to whom they had wont to belong . This point being once obtained , that the Queen should governe no more , the next was , who then should be the man. Here also was no lesse strife and contention . The Chamberlains credit carried it away , his own power , his alliance , the Earle of Arane being his brother in law , the Earle of Lennox Aranes sisters son , joyned to the Prelates , ( a Faction ever French , and then more than ever by the King of Englands shaking off the yoke of Rome ) especially the Archbishop of Glasgow , a proud Prelate , and ever factious . By these men , all Noblemen at home are despised and balked , and the Office cast upon John , called afterward Duke of Albanie , Cousin-germane to the late King , being then in France , brought up in France , and onely with the French tongue , where his father was banished and forfeited , and he himself not restored : yet is he by them , who had not so much power as to restore him in the minoritie of a King ( as had been proved in King James the second his time , against the Earle of March restored in his minoritie ) ordained to be Governour of the King and whole Countrey . Bent was the Chamberlain that way : And so bent he was , that he professed openly at the Convention , that though they would all refuse , yet he alone would bring him home , and make him Governour . A great word , if he were not able to do it ; a great power if he were able . It is interpreted ambition in him , and that despairing to have that honour conferred on himself , and envying it to any other , he took this course . I cannot be of that minde . He that had power to do so much for another , had power to have done somewhat for himself : At least so far as to have gotten some part of the government with others , as it was customable , when they could not agree upon any one man , they divided it . It is reported also for certain , that the Earle of Angus finding that he was so earnest in that course , went to him , and naming him familiarly by his name , Alexander , said he , what do you mean by this ? that man is a stranger to us , and understandeth not our language no more than we do his . He will work his own ends , and who knoweth after what manner ? Whether or not to the Kings prejudice , who is onely between him and the Crown . Certainly , he will never regard either of us , whom he will rather seek to depresse than to advance . Go to therefore , let us agree amongst our selves . Take you the government of the borders , and of all that lieth on that side of the river of Forth , and let me have the command on the other side . A fair offer , and a wise consideration , which the Chamberlain shall acknowledge hereafter too late , and shall himself say the like to him that now doth thus admonish him . For the present he refused obstinately , and ( as it may be thought ) fatally , persisting in his former resolution . Whereof when I consider what might have been the cause , I think it hath been not any distrust to obtain some place in the guiding of affairs , but a doubting how to keep it : if by chance any thwarting or insociablenesse of Empire should fall out between them at any time thereafter : in which case Angus could not but be the stronger by the power of England his allies , they having no partie so great to counterpoize them . For this cause he hath thought it fit to bring in the French to equall the ballance as principall , himself onely as accessarie , not doubting of a chief place both by his desert in bringing him home , and the necessitie of his service , which could never be lacking . On this rather than the other ground ( as I take it ) he hath laid down his course . But as well as he laid his grounds , hereupon he built both his ruine before three years were come about , and speedie repentance soon after the arrivall of his Governour . Howbeit upon this occasion the Duke of Albanie ( so called afterward ) is sent for , arrives , is made Earle of March , Duke of Albanie ( which his father had been before , but was forfeited ) and Governour untill the Kings ripe years . The Lord Hume comes to him , some say with a huge number ( 10000. horse ) to Dumbartan , whereupon the Governour said , he was too great to be a subject . Others report , that he came very privatly with his houshold onely ( some 24. horse in Kendall Green which was his Livery ) and that the Duke slighted him with this sentence , minuit praesentia famam ; being a man of low stature , and carrying no appearance of much stuff to be in him by his out-side . However he was then welcomed , and what faire and good countenance he got then , it lasted not long . John Hepburne Prior of S. Andrews was his enemie on this occasion . Andrew Stuart Archbishop of S. Andrews was slain at Flowdon . Three divers pretended to the place by divers meanes . Gawin Douglas Bishop of Dunkel , uncle to the Earle of Angus , by the Qneens admission , Hepburne . by the election of the Chapter , Andrew Foreman by the Popes gift . This Foreman was Abbat of Dumfermling , and Aberbrothe , Legat from the Pope , and had gotten this to maintain his grandour , or as a reward of his service . The question was hard to decidè . All pretended right and reason . Gawin Douglas had gotten possession of the Castle , and had put servants into it ; but the Priour was stronger about the town , and findes a mean to thrust them out . Foreman cannot get his Bulls proclaimed : none durst take it in hand so long as Hume and Hepburne . agreed . He workes wisely , having been born under the Lord Hume , he flees to him as his Patron , agrees with him as a friend , and gives the Abbacie of Coldinghame to his youngest brother David . He doth his turne , proclaimeth his Bull , but had no power in Fife to prosecute it any further . Yet it causeth Hepburne to come to a point , to take composition , the Bishoprick of Murray , and 3000. crownes by year , and a discharge for all his by-past intromissions . So he agrees with Foreman , but dis-agrees with the Lord Hume , and despites him with such malice , because of that morsell pulled out of his jawes , that he ceased not to work him what mischief he could . He did so possesse the Governour with jealousie of the Lord Humes and Angus greatnesse , and aspiring , that he thought there was no way to secure himself ▪ and his Government , but by ridding the Countrey of them both . Wherefore the Lord Hume repairing to him , and finding by his neglectfull carriage , and cold entertainment , the little good-will he bare him , repenting too late his forwardnesse in his election , and calling to minde what Angus had foretold him , though he had contemned his counsell , yet now seeing no other remedie , went to him , and the Queen his wife , condemning his fact , and regrating the present estate of the King and Countrey , and advised them to flie into England with the young King. When the Governour had notice of this consultation , he used such diligence and expedition , that coming to Stirlin unlooked for , he surprized the Queen ; and removing her , and the Douglasses from about the King , he gave the keeping of him to the Lord John Ereskin , and other three Noblemen . Hereupon the Queen and Angus , as also the Lord Hume , and his brother William , with-drew themselves into England , and the Governour upon their departure , sent Ambassadours to King Henry to clear himself , that he had done nothing why they should be so afraid of him , or leave their Countrey . He dealt also privately with themselves by their friends , promising and protesting to give them all content and satisfaction , in such wayes , that they beleeving and desiring to live at home , returned all of them , save onely the Queen , who being then near the time of her childe-birth , remained at Harbottle in Northhumberland , where she was brought to bed of Lady Margaret Douglas . Then assoon as she was able to endure travell , she went to London , where she was kindly welcomed , and lovingly entertained by her brother King Henry , and her sister Mary Queen of France , and afterward Dutchesse of Suffolk . But the Governours head being once filled with suspitions , and new causes of distrust arising dayly , could not be quieted by their return , nor the Queens absence , neither could he think himself bound by promises . Gawin Douglas Bishop of Dunkel , uncle to Angus , was committed to prison : John Lord Drummond his Grandfather , or mothers brother , & David Panetier Secretarie to the late King , were likewise laid fast . Alexander Lord Hume , and his brother William , were executed , their goods confiscat , their lands forfeited , and their heads affixed on the Citie Gate of Edinburgh , called the Nether-Bow . Being thus rid of the Chamberlain , he did much fear the Earle of Angus , whom he left to governe in his absence ( for he went into France ) but joyned with him the Earles of Arran , Argyle , Huntley , the Archbishop of S. Andrews , and Glasgow , together with a Frenchman , named Antonius Darsius , commonly known by the title of Sieur de la Beaute . To this La Beaute he allotted Dumbar , the Shires of Lowthian , and the Merse , where the Chamberlaines lands and friends were . This Darsius was slain by Sir David Hume of Wedderburn , occasionally , in the year 1517. the 18. of September . For this Sir David was out-lawed , his house seized , and Sir George Douglas ( Angus brother ) suspected to be accessarie , imprisoned in Garvet Castle , they not daring to meddle with the Earl himself , who was no lesse suspected to have been conscious of it ( though falsely ) because Sir David had married their sister Alison . Not long after this , there fell out an occasion of great troubles betwixt the Earle of Angus , and the Earle of Arrane . There was some question of the Bailiff-ship and right of keeping Courts in Jedward Forrest , the Earle of Angus his Lands , but in which Andrew Ker of Farnihaste challenged a right and priviledge of doing justice , and punishing male-factors as hereditarie Bailiff . In this controversie Arrane sided with Farnihaste , not for any particular relation , or because he thought his right was good , but onely in opposition to Angus , whom he hated inwardly . What the cause of his hatred was , we ●…ear not , and they had been good friends before . Arrans base sonne James Hamilton , as he was on his way towards Farnihaste to assist him , John Summervale of Camnethen set upon him , killed five or six of his company , took thirty men and horses , and pursued himfelf so near , that he was forced to turne in to Hume Castle for his safetie . This fact was imputed to Angus , on whom Summervale did for the most part depend , men thinking that it was done by his direction . But it is well known that besides this quarrell of the Earles , that man had ever a particular feude with the Hamiltons . But if the Earle had been guiltie of this wrong and offence done unto them , it is not likely that he would have been so slightly accompanied at Edinburgh , and have stayed their coming thither with so small forces , if he had suspected any ill meaning from them , or known any such deserving in himself . Besides they having so just cause , they might have complained and gotten redresse and satisfaction of the Earle by order of law , if they could have made it appear that he had any hand in it , and not have taken this violent course . Wherefore in all likelihood this was but a colour and pretext . Hereupon ( however ) in the year 1520. the 27. of April , a convention being appointed at Edinburgh where Archbald Douglas of Kilspindie ( the Earle of Angus his uncle , or Consin-German rather ) was Provest : the Hamiltons refused to come thither , alledging that they could not think themselves assured of their lives in the Town , where he was Provest . Archbald to cut off their excuse , and that he might not hinder publick businesse , laid down his office voluntarily , and in his room was chosen Robert Logane a Burgesse of Edinburgh . Then they came to the City , and finding the Earle of Angus there but meanly attended , and weakly guarded , his friends not being yet conveened , they assembled together with the chief Noblemen of the West in Archbishop Betons house in the Black-Frier-Winde ( this Beton was also Chancellour ) and there resolve by all means to apprehend Angus ; alledging that his power was so great , that nothing could be discerned freely , so long as he was free . The cause was plausible , their malice great , and the occasion fair , considering his singlenesse , and their multitude . So soon as Angus heard of their consultation , he sent to them his uncle the Bishop of Dunkell , desiring that if they had any grievance , or just quarrell against him , they would complain thereof to the convention , to whose censure he would submit himself , and make such satisfaction as it should please them to ordain . And to this purpose Dunkell spake to Glasgow the Chancellour , to move the rest to accept of this offer , and that he would not be an instrument of civill dissention . But he had fair perswading of him : no man was deeper in it than he , who was ringleader to the rest , and very Episcopally had put on armour to be present at it , and to assist them himself in person : yet he sought to excuse himself , and laid all the blame upon the Earle of Arran , who , said he , is highly offended with the Earle of Angus for many occasions , but chiefly for the affront done to his son by Sommervale , and for the slaughter of De la Beaute committed by his brother-in-law Sir David Hume , not without his knowledge , consent , and councell . For this cause Arran will needs have him to go to prison . There is no remedie , sayes Glasgow , upon my conscience I cannot help it . And in the heat of his asseveration he beat his breast with his hand , where his conscience lay well covered with a jack of Maile , or a Secret hid under his Seton or Cassock . And now being knocked upon , it answered with a ratling noise , which the plates of iron did yeeld , bearing witnesse against him how little he cared for that inward witnesse , which be-lyed him when he protested he was desirous to pacifie matters , being indeed thus preparing for warre . Neither did Dunkell stick to tell him so , saying , How now my Lord , me thinks your conscience clatters . We are Priests , it is not lawfull for us to put on armour , or bear Arms , it makes us irregular . And so leaving him , he returned to his Nephew , and told him shortly that there was no possibility of composing matters , and as little of escaping or fleeing , for the City Gates were shut , and his enemies were assembling . For me I am a Church-man , I will go to my Chamber and pray for you . And so he did , but he sent his servants with the Earle to aide him . Some ascribe this to want of strength , and to his debilitie and old age ; but it was indeed , because he held it not lawfull , as a thing forbidden in the Canon-law , and which he had reproached to Bishop Beton . For in the year 1513. his eldest brother George slain at Flowdon was but 44. and Gawin the fourth brother not above 38. or 39. so that now in the year 1520. he hath not been more than 46. which is no age of Decrepitnesse . Dunkell being gone to his devotion , Angus without further consultation resolves rather to die honourably defending himself against his enemies , than to be hailed ( he and his friends ) forth to the Scaffold , and lay their necks upon the block to be be-headed by their proud and insulting enemies . So he conveens his small troup , tels them what his minde was , and exhorts them to stand to it manfully . They all commended his resolution , and shewed themselves most willing to hazzard their lives for his safety . Wherefore that they might not be surprized in their Chambers , they came forth , and went down the High-Street ( for the Earle did lodge at the Straight-Bow ) being in all but 80. or 100. at most ; but they were all of them choice men , valarous , and hardie . Angus was well beloved in the Town , so that when he came by the Shops where the Pikes and Speares are made , they had libertie to furnish themselves with long Weapons , and many also were reached to them by the Citizens out at the Windows , and from the Stairs ; which was no small advantage , their enemies having no long Weapon at all . The Chief Street is so seated that the Gates being shut there is no entrie to it , but by some few Lanes that reach from the Cow-gate ; in one of which called the Black-frier-Winde the adverse party had conveened . Now that they might not issue forth upon him at divers places , and so oppresse him with their multitude , Angus had caused his men to close up and barre the entrances of the Lanes with Coale-horses , and Ale-barrels , Carts , and such things as would best serve for that purpose , and could be gotten on a sudden . He placed also some few men at every Lanes head to defend the Barricadoes ; but he himself with the choycest and most resolute of his company , planted themselves directly over against the Black-frier-Winde , which he had left open for them , and as they thronged out , he assailed them with Pikes and long Weapons . There having slain many of the formest that came out , and scattered them all , he drave the rest down the Lane , which by the narrownesse thereof , made their number unprofitable , as had been rightly fore-seen by Angus , who knew that a few would be able to make good a straight passage against many , their multititude availing nothing , scarce one of ten having room to fight at once , and come to strokes together . The Earle of Arran and his sonne James Hamilton ( having been apparantly of that number that issued forth at the Lanes head at first , or else he could not have gone that way ) crossing the High-Street , fled down a Lane on the Northside of the City , and finding a Coale-horse standing in their way , they threw off his loading , and rode through the North-logh at a foord where there is none known now , and so escaped easily , no man pursuing them that way . The rest were scattered on the other side of the Town , of which some fled to the Gray-Friers Monasterie for sanctuary , the Chancellour fled on foot to Lithgow . In the mean time , while they were at this bickering within the City with great tumult , William Douglas Priour of Coldingham ( Angus his brother ) and Sir David Hume ( his brother in law ) came to the City Gates with 800. horse which they had brought out of the Merse ; and finding them shut , broke open the wicket with Smiths hammers , and so entred . But before they could get in , the fray was ended . Angus strengthened and emboldened with this supply , because the City was still full of his enemies , caused it to be proclaimed with sound of Trumpet at the Market-Crosse , that none should be seen abroad with Arms but he and his , under pain of death . This enforced them of his adverse party to crave leave to depart , which was granted unto them . Such was his moderation towards those who had plotted his ruine and overthrow . He had fought for his life and honour , not out of malice , or hatred ; and now that these were out of danger he lets his enemies go away safe and sound . And so there departed of them in one company 800. horse well laughed at , and derided of the beholders , to see so many beaten and chased by so few . Besides these there were many others that had fled before , and divers stayed still in the City lurking . This conflict fell out in the year 1520. the last of April , in which there were 70. slaine , and two of note ; Patrick Hamilton brother to Arran , and the Master of Montgomerie . The Chancellour ( as we have said ) fled disguised to Stirlin to the Queen . After this , Sir David Hume returning to the Merse , and being thus strengthened by the authority and countenance of Angus , found means to take his own house of Wedderburne from those that had kept it since the killing of De la Beaute . He took also the Castle of Hume at the same time which had been seized on by the Governour , and was kept by men that he had put into it . And thus was the Earle of Angus partie settled and strengthened in the Merse . Also in Lowthian he had no opposition or contrary , neither in Tividale , and such other parts of the borders . The Hamiltons were the onely great men that had any equality to match him , and were now incensed by their losse at Edinburgh . Some of his friends lay near unto them , Robert Lord Boyde was his depender , and speciall friend . He was also near to him in bloud , for Angus his Grand-mother ( Elizabeth Boyde ) was sister to Thomas Boyde , Grand-father to this Robert. The Lord Boyde was nearer to Arran ; for King James the third his sister was mother to Arran , and Grand-mother to Boyde , as is probable . But Boyde followed Angus more than him . His house of Kilmarnock in Cunninghame , lay nearest to their Forces in Cliddisdale , and farthest from the Earle of Angus his power and friendship . Therefore they besiege it , but without successe , it being so well defended , that they rose and went away without getting of it . The next year ( 1521. the 18. of July ) Angus came to Edinburgh , accompanied with his friends , and especially the Humes that were banishshed , as our writers designe them . By which he means rathest ( as I think ) George now Lord Hume ( for he is Lord ever after this ) and Sir David of Wedderburne with his brothers , who may be said to have been banished , in regard he was denounced Rebell , and out-lawed : but otherwise he never went out of the Countrey , but dwelt ever still in some part of the Merse . There Angus ( as Buchanan sayes ) but ( as our folks say ) George Lord Hume and Wedderburne , by Angus his connivence , took down the heads of the late Chamberlain , and his brother William , and interred them solemnly in the Gray-friers . He passed from thence to Stirlin , hoping to have found the Chancellour Beton there , but he was fled . From thence he returned to Edinburgh . About the 28. of October , the Governour returned out of France . Angus his power seemed to him to be too great . He determines to diminish it . For which purpose he commands himself to go into France , causeth his uncle the Bishop of Dunkell to be sent for to Rome , as wee have said above . Neither did Angus return out of France , untill the Government was taken from the Duke , who from this time forward doth nothing of importance . For the next year 1522. he went with an Army to Solway to have invaded England ; But his Army loved him not ; all went unwillingly with him , and against the hair . The Earle of Huntly being come within three miles of England , openly refused to go any further ; so that he was forced to move Dacres and Musgrave ( English-men ) under hand to sue for peace , that he might have some shew of an honourable cause for his retreat . Wherefore the 10. of October the same year , away he goeth again to France having stayed one full year in Scotland , and returnes into Scotland the next year 1523. the 22. of September . He brought then with him 3000. foot , and 100. men of arms . Then assembling an Army of Scots ( the 20. of October ) thinking to do great matters with his French aid , but having passed Tweed at the Bridge of Melrosse , he was served just as he had been the year before ; they refused still to enter into England . Thereupon he came back again to the other side of the River , and coming along by the bank thereof on Scottish ground , he began to batter from thence the Castle of Warke standing on the other side of the River on English ground . And having made a breach caused his French-men to give the assault , who entred the breach , but they were repulsed again , and beaten out . So he left the siege , and retired to Lawder in the night . In the spring he goeth again into France promising to return before September , and taking a promise of the Nobilitie that they should not transport the King from Stirlin before his return . This their promise was keeped with the like fidelity as he had kept his promise made to the Chamberlain . For the King was brought to the Abbey of Halyroodhouse by the Queen his mother ; The Earls of Arran , Lennox , Crawford , and many others : And from thence with all solemnitie of Parliament , to the Parliament house , where he did solemnly abrogate the Governours authority : by which mean he saved him a labour of returning into Scotland again . He needed not , neither did he return any more to it , nor passe the Seas for that errand . He had governed , or rather mis-governed the space of nine years . He spent in his journeyes , and staying in France , five whole years , or six of these nine , being absent from the countrey , and leaving it a prey to forreiners , and civill ambition and dissention , and when he was at home , he abused and oppressed the Nobilitie by slaughter or banishment . But though he returned no more , yet others returned for him , those whom he had caused go to France by his authoritie , do now return without his licence , yea without licence or recalling of any other , for ought we read . The Earle of Angus returnes after he had been in France almost three years . He returned through England , having first sent Simon Panango , and obtained licence of K. Henry , by whom he was received lovingly , and dismissed liberally . For K. Henry desired greatly the diminishing of the Governours authoritie , & was glad of the alterations in Scotland , & therefore did make the more of Angus , because he knew that he was opposite to the Duke . At his returne he found the estate of the Countrey in this case . We told before , how in the year 1518. the Queen his wi●…e , and he , had with-drawn themselves into England , and stayed at Harbottle , where she bare her daughter Lady . Margaret Douglas : how her husband having returned into Scotland , she ( after her deliverie ) went to the Court of England to visit her brother and her sister , with whom she stayed for the space of a whole year . In which time the Earle her husband becomes acquainted with a daughter of Traquair , by whom he had a daughter called Jeane Douglas , married afterward to Patrick Lord Ruthven . When the Queen came home again , he meets her at Berwick , and brought her to Edinburgh . She having gotten notice of this wrong he had done her , never lived with him in that love they had done before . And now having set her affection upon a younger brother of the Lord Ochletrees , whom she intended to create Lord Methven , she was become altogether his enemie : And that so obstinately , that howbeit her brother K. Henry wrote to her , that for her own honour , for the peace and quietnesse of the countrey , and for the advantage of his affaires , she would be reconciled to him ▪ yet she not onely would not yeeld to it , but even sued for a divorcement before the Pope , at the Court of Rome , alledging that Angus had been affianced , betrothed , or hand-fasted to that Gentlewoman who bare the childe to him before he had married her , and so by reason of that pre-contract , could not be her lawfull husband . She prevailed not in her sute , for her alledgance could not be proved , being also untrue : but she increased in spight and hatred against him , and was set ( by all the means she could ) to overthrow him . This drew Arran to be of her Faction ; both of them disliking that Angus should be in the first place , and suspecting he would not be contented with the second , bent their Forces to contend against him as for dominion and empiring . On the other side there were the Earle of Lennox , and Argyle , who had assisted the Queen and Arran , and helped them to abrogate the Duke of Albanies authority , and to establish the King himself in the Government of the Kingdome . But now finding that the Queen and Arran took all the guiding of the King and Countrey into their own hands onely , and did not admit them to be any way sharers with them therein , but wholly excluded them from all copartnership , they were glad of Angus his returne : for they knew that by his power they should be able either to break the authoritie of the Queen and Arran , orto diminish it in some measure . Neither were they deceived in their expectation : for having conveened the greater part of the Nobilitie , Angus , Lennox , and Argyle , are chosen Keepers and Governours of the King and Countrey . Hereupon they passe forth with great celeritie , accompanied with 2000. horse , and move Archbishop Beton , Chancellour , to consent to the election , who did accordingly , not daring to refuse . Then to Stirlin they go , and there depose all that bare any publick Office , whom they suspected , and placed in their rooms such as were sure to their side . From thence they came to Edinburgh , and made there entrie without violence . The Queen and Arran remained in the Castle with the King , confident in the strength of the place , and the Kings ( though naked , and unarmed ) authoritie : but there being but a small trench cast up about the Castle , they yeelded themselves , and it , because they were no wayes provided for enduring a siege . The King onely was retained , and the rest dismissed . The order of governing agreed upon amongst these three Earles , was , that they should rule by turnes , each of them his foure moneths successively . The first place was Anguses , either by lot , or by consent . During the time of his presiding , the Abbacie of Holy-rood-house fell vacant , the Abbot thereof George Creichton being advanced to be Bishop of Dunkell . Angus conferres this Abbacie on his brother William , Prior of Coldinghame , either by himself and his own power , or by moving the King to conferre it upon him , and that without the consent of the other two , which he thought he needed not , seeing he was absolute Governour for his time . The other two thought themselves wronged by this balking , and thought that howsoever he was for those moneths to attend the King alone , yet that he ought not to governe , or dispose of any thing of moment by himself alone . So they take offence at it , and Argyle retires , and with-drawes himself home into Argyle . Lennox would gladly have done the like , but the King detained him for the love he bare him , yet did he utter his discontentednesse many wayes . Thus is the Trium-virate dissolved : for which dissolution Angus is blamed , as having encroached upon the others , and drawing all to himself alone . But he seemes to be unjustly blamed , if this were the time of his Government ( as it should appeare it was ) and not of attendance onely ; for they also attended the King at that same time . The decision of this question depends upon the words of the Act or Contract of their agreement in point of governing , which we have not precise . Yet they seem to have been too hastie , in that they did not expect their turne , during the time of which some such thing , or perhaps some better thing might have fallen in their donation , wherein if he had impeded , or hindered them , then they might have had just and undeniable cause to complain of him . Now they abandon their charge , and thereby give him occasion to administer all alone , which is imputed to his ambition . And so he takes all upon him , making small reckoning of their offence , which he esteemed to be unjustly taken ; and leaning to the greatnesse of his own power , which was such as we have said ; and was now also increased by having the Earl of Huntly for his ward and pupill , he being left Tutour by his Grandfather Earle Alexander Gordon , and having gotten the Wardship from the King ; so that now he had the friends and dependers of the house of Huntly to be his . In this mean time fell out the slaughter of Patrick Blackader Archdeacon of Dumblane , Cousin Germane to Robert Blackader , sometime Priour of Coldingham , and brother Germane to Robert Blackader late of Blackader . Robert the Priour of Coldingham had been slain before by Sir David Hume of Wedderburne , and his brother John Hume being in his company , is thought to have given him the deadly stroake . This Sir David married Alison Douglas sister to the Earle of Angus , and relict of Robert Blackader of Blackader . She had two onely daughters , married to two of Sir Davids brothers ; the eldest to this John Hume , and the younger to Robert Hume , who claimed , and possest the Lands of Blackader in the right of their wives , who were heirs of Line . Hence arose deadly feude betwixt them , and the name of Blackader , who challenged to be heirs by entailment of the Lands to the heirs male . Wherefore they had laid wait for John divers times to have slain him : especially at one time he being in a Taverne in Edinburgh , and his men being all abroad , or in another room with a Gentleman or two of his acquaintance , and companions , a Priest of Arch-deacon Blackaders came into the room where he was . John , not knowing who he was , desired him to drink with him out of courtesie , but he refused , and went forth presently . When he was gone , one of the house sayes to John , if ye had known who that man was , ye would not have offered him any wine , for it was such an one . If I had known ( sayes John ) that it had been he , I should have made him drink his bellie full whether he would or not . As they were thus talking , a servant of the house going to the door , espies the Arch-deacon coming with a great company of men , and came running to John and told him of it , who leaping to the door just as they were ready to enter , made good the door , and drave them back , so that with much ado , he and those that were with him found means to shut it . This attempt so incensed him , that having understood of the Arch-deacons coming to Edinburgh at this time , he lay in wait for him by the way , and slew him . This slaughter was imputed to the Earle of Angus by his enemies ; at least some aspersion thereof was rubbed upon him , because ( as they alledged ) Angus had sent for the Arch-deacon , and he was come upon his sending for , and ( as some said ) upon an appointment of agreeance to be made betwixt John Hume and him . But John ever in all discourse , or conference of that businesse denied that everthere was any appointment , or overture of agreement , or that he ever knew of Angus his sending for him . That which made it the rather beleeved to be done by Angus consent , or privity was , because when in the tumult raised upon the slaughter , divers went out to have apprehended John , Sir George Douglas ( the Earls brother ) went out also to have taken him at the Earls command , who was highly offended that he should have committed this insolencie in his government ; whom when the others saw , they suspected that he being Johns wives uncle , and seeing many Douglasses and Humes in his company ( who were friends and allied with John ) was come out , not to apprehend but to defend and assist him . Wherefore they returned from pursuing of him . Sir George also returned shortly after without finding him ; neither was there any search made for him after that : Angus ( besides that he was uncle to Johns wife ) having almost continuall use of serviceable and active men , being loath to offend his brother Sir David , and his other friends in the Merse . And now were things in working , and a faction making against Angus . Arch-bishop Beton , who had joyned with him rather out of fear , than good-will , had quickly fallen off from them : And Angus , to be revenged of him , had brought the King to his lodging in Edinburgh , and intrometted and seized on his houshold stuffe for his own use . Argyle and Lennox had separated from him : The Queen and Arran were his professed enemies . These had their friends about the King. Lennox was ever with him , and most entire of any . His domestick servants were corrupted by the Queen , who therefore all sought by all means to alienate the Kings minde from the Douglasses , detracting and calumniating their actions , some justly , many of them unjustly , aggravating their errours , mis-interpreting things doubtfull , concealing the good which they did , and traducing all . Thus did the King ( though to retain his favour they had used him with all indulgence , and had loosed the rains to all delights and pleasures , even more than was fit ) weary of their government . Yet were they so incircumspect , or carelesse , that they neglected to remove his suspected servants , and to place their own assured friends about him ; either not doubting them that were wi●…h him , or being too confident in their own strength and power , so that by little and little he became altogether alienate : at last he opened his minde to such as he trusted , and began to conferre with them of the way and means how to be set free from that bondage , as he was taught to call it . Above all he did most especially conferre with the Earle of Lennox . While they are in plotting of these devices , Angus ( either not knowing , or not caring what they were doing ) was much troubled in settling and ordering the borders , and the out-laws there . He had made many rodes thither , but effected nothing or litle . Now he takes resolution ( for the better furtherance ) to go into Tividale , and ( the more to terrifie the malefactours , and to encourage others against them ) to take the King with him . Being come to Jedbrough , he moves the King to command the chief of the Clannes to bring in such men as were given up by name in writing to him . It was obeyed ; and by that mean many were execute and put to death , many pardoned in hope of amendment , and that of the principall malefactours . While all are glad hereof , and their mindes loosed to some peace of contentment , the occasion seemed fair , and as it had been fallen from Heaven , to them who were enemies to the Douglasses , of taking the King out of their hands and custodie . The mean is devised thus , that Balcleugh ( who dwelt within a little of Jedbrough ) should invite the King to his house , and retain him there ( being not unwilling ) till more were come and conveened . But that plot failed by chance , or by discovery , the King being brought back to Melrosse . Notwithstanding hereof , Balcleugh resolving to prosecute , what he intended , would assay to do by force what he had failed in by craft . He assembled about 1000. horse of his friends and other borderers accustomed to theft . He cast himself to be in the Kings way , as he was to passe into Lowthian at the Bridge of Melrosse upon Tweed . The Earle of Angus sends to him , and asks his meaning , & wils him to retire . He answered , he was come to show himself , and his friends , to the King his Master , as other border-men did . Then a Herauld was sent to him , commanding him to with-draw himself out of the way , in the Kings name ; but his answer was , that he knew the Kings minde as well as he , and would not go away till he saw him . The Earle of Angus had not so many in number about him as Balcleugh , yet those he had being his choyce Gentlemen , together with the Chiefs of the names of Hume , and Ker , George Lord Hume , and Andrew Ker of Cesford , all valiant and active men , he resolved to hazzard battell . And because they were all come out on horse-back , he gave order that they should alight , and fight on foot . The Lord Hume answered , he would do so if the King would command him to do it . We hear not what answer was made , or that the King commanded , but he alighted , and took part very honestly with the rest . Balcleugh also alighted , but he had no sooner joyned battell , than a great number of his men ( better accustomed to steal then to fight ) fled away and left him . He himself , and his friends , stood to it manfully , and continued the fight , which was for a space very fierce and hard ; as being in the presence of the King , who was a beholder , and was to be the reward of the victor . At last Walter Scot of Balcleugh , being hurt , his whole company turned their backs , there being fourscore of them slain , and having first slain Andrew Ker of Cesford . Balcleugh escaped himself out of the Field . Hereupon began deadly feude betwixt the Kers and Scots ; or was renued and continued divers years after , and divers murthers and slaughters followed upon it , amongst which was the slaughter of Sir Walter Scot himself in Edinburgh . There my Lord Fleming also alighted with Angus , and took part in the conflict ▪ but the Earle of Lennox sate still on his horse by the King , as an indifferent spectatour , and looker on . He being before a suspected , but now ( by this ) a declared enemie to the Douglasses with-drew himself from Court. This fell out about the 18. of July 1526. After this attempt , Angus perceiving so many evil-affected toward him , entred into parleying with the Earle of Arran ; and having composed their old differences , received him to be his partner , and fellow-governour in ruling the Countrey . This did the more incense Lennox against them both , and his anger made them both the more watchfull and carefull to strengthen themselves against him . The ground of their dissention was this ; Lennox was Arrans sisters sonne ( as hath been said ) and failing heirs of his own body , was to be his heir , and to succeed as well to the Earldome of Arran , as to his right and title to the Kingdome of Scotland , after the King and his heires , and there being great appearance of it , Lennox had conceived great hope that he should be his heir , because his uncle Arran had been long married to the Chamberlan Hume his sister , and had no children by her . She also her self ( whether because she was of good age , or because she had been so long barren ) had lost all hope to conceive ; whereupon her husband ( either by her advice , or not without her consent , as is thought ) divorceth from her , pretending he had before he married her , lien with a kinswoman of hers , that was so near in bloud , as made his marriage with her incestuous , and so could not be brooked by him with a good conscience . So being divorced , he marries one Beton , daughter to Creigh in Fyfe , who was brother to Beton Archbishop of S. Andrewes . This was a great stop in the Earle of Lennox his hopes , chiefly concerning the Earledome of Arran , for as touching the Crown , the report went , that the King would entaile that to him , out of his own favour . Neither was his hope of Arran quite given over , if the divorcement could afterward be quarrelled either in substance , or formality , which Lawyers might readily do in a subject of this nature , which is so full of questions and doubts . These things wrought jealousie , that contrariety , and alienation of mindes , which soone begat hostility and hatred . The diversity of faction increased it , and it bred and increased the faction . The King held firm for Lennox , or was held firm by him , and sent him many private Letters to many of the Nobilitie , with whom he dealt , and drew a great faction . In which being very confident , he assembled them at Stirlin , where was Arch-bishop Beton , and divers other Bishops . There he propounded in plain terms , the setting of the King at liberty ; which they decreed and appointed a day for the performance and execution thereof . Angus so soon as he had found the winde thereof , and had begun to smell it out , had written to the Earle of Arran to come to Lithgow , where they might meet , and take such order as was needfull . Arran was not slow , but gathered his Forces quickly , and kept the appointment . Lennox hearing of it , resolved ( though the day were not yet come that was appointed for his associats to conveen at Stirlin ) to adventure to set upon the Hamiltons , before Angus ( who was at Edinburgh ) should joyne with them , with such power as he had ready about him . The Hamiltons having notice of Lennox his intention , advertised the Earle of Angus thereof . Angus made ready , and addressed himself for the journey , but he got many letts and impediments . The King also did hinder and stay him not a little , for he lay long a bed , pretending indisposition and sickishnesse , he marched slowly , and stayed often , and made many halts by the way , as being weary , and troubled with loosenesse of his belly , which moved him often to untrusse , which he did onely for an excuse of purpose to stay them . Angus perceiving it , and fearing lest he should come too late , left his brother Sir George , and some few with him to attend the King , made all the haste he could to joyn with Arran in time . In this mean while , Lennox was come from Stirlin straight to Linlithgow ; and the Hamiltons issuing out of the Town , had manned the Bridge , which is a mile from the Town ; and the rest had put themselves in order of battell along some small hi●…s not farre from the Bridge . This forced Lennox to forsake the passing of the River by the Bridge , and to crosse the water at a foord a little above , near to the Abbey of Machlein . He exhorted his men to assaile the Hamiltons , before Angus should come to assist them : and they made haste , but by too much haste they broke their ranks , and having the little hils to climbe up , they were out of winde when they came to strokes , and withall the cry arose that Angus did approach . So the Hamiltons assailing them with long Weapons from a ground of advantage , and the Douglasses also coming upon them on the other hand , Lennox his men were over-thrown , being sore wounded . This was done ere Sir George Douglas could come to them , who desired greatly to be with his brother , but was held back by the Kings pretences . It is constantly reported , that Sir George seeing the King linger thus , and knowing that he did it of purpose , said to him in great fury , It is as much as our lives are worthy , if our enemies get you from us to day ; which , rather than they shall do , we will hold fast one half of you , and let them pull away the other . These words the King never forgot , nor forgave ; neither would ever hear of pardoning him ; when he seemed not to be implacable towards the rest . When the King could not stay Augus any longer from going to aide the Hamiltons , he sent Andrew Wood of Largoe to have saved Lennox life by all means . But he was slain in the chace by the Earle of Arrans base son James Hamilton , who used the victory cruelly , and whom afterwards a Groom of Lennox wounded almost to death , having stabbed him in five or six places , in revenge of his Lords death . He was lamented of his uncle Arran with many tears ; by Angus with sorrow and sadnesse of heart ; but above all , the King took his death ill , seeing his care to save him not to have succeeded . It is said that when he was coming from Stirlin , Arran sent to him , and prayed him not to come forward , but to stay , otherwise that he would force him to fight him , which he desired not to do . To which Lennox answered ; That he would not stay , but would go and see the King maugre him , and all that would take his part . But his purpose was directly to fight the Hamiltons , and not to go to the King ; for he could not go to him , and leave them strong behinde him , having the Douglasses before him . There were slain with him the Laird of Howstoun , and the Master of Glencarne was sore wounded , and hardly saved by the Earle of Angus , whose Cousin he was ( brother and sisters children ) as is said above . After the Battell , those that had born arms against the King were enquired after , and summoned to compeere in judgement ; but some of them compounded for money , some became dependers to the house of Angus , some to the Earle of Arran . The obstinate were pursued by Law , such as the Earle of Cassils , who alledged for himself , that he had the Kings Letter to show for his warrant , to do what he had done ; whereupon they desisted from further processe against him ; which I see no ground why they should have done upon a private Letter ; and as little reason is there why they could not charge him with the hurting or slaying of some man , seeing he was in the Battel . It should seem they would not have been so malicious , & vehement against men , as our writers give out ; or not so pregnant in the inventing of crimes and quarrells , as men are now a dayes . Cassills was slain by the Sheriffe of Aire his friends ( a little after ) at the instigation of Arrans bastard , who had killed Lennox at Linlithgow , because he stood to justifie himself , and refused to become a depender of the house of Arran . His son betook himself to the protection of the Douglasses , came to Archbald Douglas of Kilspindie ( who was then Thesaurer to the King ) and was kindely received by him , and lovingly entreated , as one who for his noble birth and towardlinesse he intended to make his son-in-law . Now the Earle of Angus knowing well that Archbishop Beton was one of the chief stirrers up of the Earle of Lennox in this enterprise against him , remembring also how he had before stirred up Arran in the same manner , and his assisting of him at Edinburgh , and many other times , goes now to S. Andrews , takes the Castle by force , and pillageth it , but could not apprehend the Fox himself , who fled from hole to hole , and linked secretly amongst his friends . The Queen also ( lest she should come intoher husbands hands ) kept her self hid and solitarie . These escaped their search . After this he went to the Border , where he caused the principall of every Name to give pledges and hostages for their good behaviour , and keeping of good order . And first he went into Liddisdale with an army , where they came and yeelded themselves to him ; and the rest of the Borderers followed their example . And now had the Earle of Angus settled all things , in all appearance . His enemies were overcome on the East hand at Melrosse ; on the West at Lithgow ; the Earle of Lennox was dead , and his Faction dispersed and broken , the Queens authoritie dashed , and Bishop Beton beaten out of the cock-pit , both put to save themselves by hiding , all husht , and under hatches ; no partie , no faction , no men to make head against him . An estate highly esteemed , greatly affected , and much sought for by men . But as in our bodies , fulnesse of health hath the own danger , so in our estates , too great prosperitie and ease are the fore-runners of change , which ( as experience doth teach ) is even then at the doores when there is least appearance otherwise . It fell out just so now while the Douglasses were thus secure of all danger , knowing too well , and leaning too much to their own strength , no partie to take the King from them , no place strong enough to keep him in when he were taken , nor to keep them out , no meanes to effect either the one or the other , and threupon grew slothfull in attending him , are often abroad about their businesse , he findes first the place , then the means to escape , then the party to maintaine it , and at last to over-throw them . The Queen ( his mother ) had the Castle of Stirlin as a part of her dowrie , which , while she ( for fear of the Douglasses ) hides her self , was left emptie and waste , and yet not seized on by them , who were neither so greedie , as men would have them to appear , by so much ; neither so circumspect as wise men should have been , to secure themselves , knowing the fitnesse of the place for such a purpose , the disposition of the owner , and the inclination of the King toward themselves . Now her fear being somewhat abated , and the coasts being clear of them , the Queens servants returned thither , and furnished it more for show , than sufficient resistance of any Force . The King making ( wisely ) choice of it , knowing there was no other place so strong , pretending the conveniencie of hunting ( even to her ) transacts secretly with her , and gives her Methwen in exchange for it , with other Lands about Methwen , no lesse convenient and profitable for her . And so he had gotten his first point , a place of retreat . The meanes how to retire , were easie , which was the next . He was in Falkland , which was not far from Stirlin , in a countrey not subject to the Douglasses , nor near their forces and power . Angus , and Sir George his brother , are both absent about affairs of the Countrey , and none of theirs we hear of , that were to attend the King , or few and negligent they were , as men are wont when they are secure . So he goeth from Falkland , to Stirlin in the night , with a few of his familiar servants , as secretly as he could . Having gained these two points of them by their errour , there rested the third ( without which these errours had been no errours to them , nor advantage to him , they had been of no effect nor importance ) that was a partie to maintain the retreat . This is the main point , and their main errour , the cause , and the ground of the other two errours , that made them slothfull in seizing that house , in attending the King , because they laid their ground , there could be no partie in Scotland . And Buchanan writes concerning the Earle Bothwels refusall to be Lieutenant against them , that he saw them a little before to be such , as all the rest of Scotland were not able to match them . But they took not heed , nor considered , that then the King was with them . However his minde was against them , he was in their custodie and power , and if any had been ill-affected to them , he could be no warrant to any Faction , having no assurance of his life which was at their disposing , and therefore he could not be a Head to any : These considerations being of no small consequence , as the event now proves : for he is no sooner gone from them , than he findes a partie against them , now that he could be a Head to a partie . He writes for many of the Nobilitie , they come all to him : others upon the first news of his retiring , came without staying till they were sent for . So that he quickly found himself free , and out of danger to be forced . Then by their advice he causeth make a Proclamation , that the Douglasses abstaine from all administration , and handling of publick affairs , and that none of them , or their dependers , come within twelve miles of the King , under pain of death . This Edict being brought to them , as they were on their way toward Stirlin , many of their friends advised them to go forward , but the Earle himself , and Sir George , resolved to obey , and perswaded the rest to do so . A dutifull and wise resolution , if there was not sufficient power with them to go forward , which others that counselled them to go on , have thought sufficient : And if withall they had resolved to lay down their necks under the yoke , and beare whatsoever should be laid upon them . But that they did not resolve to do , as appeareth afterward , therefore they lost here also the occasion which might have procured them peace on better and more equall termes . They returned to Linlithgow to remain there till they should hear farther from Court. This their 〈◊〉 , and not going forward to Stirlin , is such an over-sight , as a man could scarce have looked for at so wise and resolute heads and hands . But where ruine is determined , wisedome is taken from the wisest , and hearts from the hardiest . They will disobey more out of time hereafter . The King makes use of that respit of time , assembleth more and more Forces , summonds a Parliament in September . They go to Edinburgh , and assemble also their friends more fully . Both parties aimed more at their own security , and to defend themselves , than to offend the other , yet they give place again , and the second of August leave the City , which day the King entred with displayed banner : from thence ( by entreatie of friends ) he sent conditions to them , which if they would obey , there was some hope showne of clemencie and gentle dealing towards them . These were , That the Earle of Angus himself should be confined beyond Spey , and his brother Sir George , together with his uncle Archbald of Kilspindie , should go to prison to the Castle of Edinburgh . But they rejected the conditions , and thereupon were summoned to compeare at the Parliament in Edinburgh the sixth of September . In the mean while their Offices are taken from them , the Chancellorship from the Earle , which we hear not when it was given to him . Archbishop Beton had been Chancellour in the Governours time , he had consented to the Triumvirate , and afterward had left and forsaken them . Then hath it been taken from Beton ( as far as we can conjecture ) and given to Angus . It was now given to Gawin Dumbar the Kings Pedagogue in law matters , one who was no ill man , but who was thought to be a greater Schollar , than wise and prudent for government . The Thesaurers place was taken from Kilspindie , and given to Robert Carnecrosse , a man better knowne by his bags of money , than for his vertues . Thus driven to their last hopes , they labour to hinder the meeting of the Parliament , by taking of Edinburgh where it was to sit , and from whence the King was returned to Stirlin . For this end they send Archbald of Kilspindie , with some troops of horse , to assay what he could do . A poor shift , if they had gotten it . But the King had prevented them , and sent thither Robert Maxwell , who with his friends and dependers , assisted by a great number of the Commons , excluded them , and with watch and ward kept the town till the Kings return . Hereupon Angus retired to his house at Tantallon . The day of the Parliament being come , they were cited , accused , condemned , and forfeited ; the Earle , Sir George , Kilspindie , and Drummond of Carnock . The main cause , and clearest evidence given in against them , was , that the King swore he was ever in fear of his life , so long as he vvas vvith them . It is strange that his feare should have seemed a sufficient cause and evidence of forfeiture . Their absence was no cause , for they were prohibited to come vvithin 12. miles of the K. & they had forgotten to release them from that command & interdiction . Sir John Ballandine , who was then one of their dependers , & afterward Justice-Clerk , knew it well , and did freely and courageously protest in open audience , that nothing done there should be hurtfull , or prejudicial to the Earle , because he had just cause of fear , & so of his absence , which should be declared in the own time ; which was both an honest part toward his patron , and a wise and stout part in it self . Upon this protestation the forfeiture was reduced seventeen years after this . But for the present it goeth on , and an act was also made against such as should receive , them , that they should be liable to the same punishment of forfeiture . Soon after this , William , Abbot of Halyroodhouse ( Angus his brother ) died through sicknesse which he had contracted by grief and sorrow for their estate . The rest , seeing no appearance of pardon , make now for open violence . Who can think but it was as unfit now , as fit to have used it when they stayed from going to Stirlin ? But then they have had hope of more favour , which hath marred all their course . Better late wise than never , time was driven , but they counted it not lost , because by their so long patience they had given proof of their goodwill ; now they will shew their enemies what power they had then ; and that it was willingnesse , not weaknesse , made them to forbeare doing more than they did . They burn Cowsland , and Cranston , and daily rode about Edinburgh in view of the City , so that it was in a manner besieged , the mean sort suffering for the faults of the great ones . By this their proceeding , the theeves and broken men of the borders , and elsewhere ( whom they had before restrained in their government ) loosed from all fear of them , waxed bold to come out of their lurking places , and greatly molested the Countrey people about them . Many outrages were committed by many , in many places ; oppression , theft , murders , and robberies . All was imputed to the Douglasses , and called their doing by the Courtiers , thinking thereby to please the King well . There was a Ship ( called the Martin ) which being loaden with rich Ware , brake about the Skate-raw , and the common people came and took away the goods from the owners ; this was laid also upon them , and their faction and followers , though nothing of it came to their use , unlesse it were that some of their stragling horsemen , happening to be there at that time , might perhaps get their share with others . About this time the King resolves to besiege Tantallon Castle in Lowthian , some sixteen miles from Edinburgh , and for that purpose causes bring Ordinance , Powder and Bullet from Dumbar , which was then kept by the servants of the late Governour the Duke of Albanie , as a portion of his patrimony . There was in Tantallon one Simcon Penangoe , with a competent number of men , well furnished and provided both of Victuals and Munition . The Earle himself remained at Billie in the Merse , within his Baronie of Bonkle , not willing to shut himself up within the Wals of any strength , having ever in his mouth this maxime ( which he had received from his Predecessours ) That it was better to hear the Lark sing , than the Mouse cheep . The Castle was well defended for certain dayes , none hurt within ; many without were wounded with shot from the Castle , and some burnt and scalded with their own Powder , which took fire unawares , and divers killed . The besiegers were troubled without by the horsemen , who assaulted them daily at their trenches , so that seeing no hope of carrying it , they raised their siege , and retired . In their retreat they were set upon in the Reare by Angus his horsemen ; and one David Falconer ( a principall Cannonier ) slain with some otherhired Musketiers , and two of the Cannons cloyed . This the K. took so highly ( esteeming it an affort and scorn put upon him ) that he ●…wore openly , that so long as he lived , the Douglasses should never be received into favour . He was then young , and in his hot bloud , and saw not their worth , or at least looked upon it through the prospective of an angry passion ; but before he died , he saw it more setledly and clearly , and that their service was more steadable than all theirs that were now about him . Being come to Edinburgh , he adviseth what was next to be done . It was thought fit to keep a company at Coldingham , which needed not to be very great , but onely to lye there constantly , to preserve and protect the common people from their incursions . But that was to Bell the Cat ; a good designe , but difficult to prosecute . Billie ( where Angus made his residence ) is within five miles of Coldingham , and all the Countrey about did favour him ; yea , some in that same Town it self did bear him good will. The task to execute this conclusion , was laid upon the Earle Bothwell , who was the most powerfull man in Lowthian . He refuses it absolutely , as that which he was not able to perform . So is the King driven to think of another . The Earle of Arran was the greatest in power and friendship ; but he had slain the Earle of Lennox at Linlithgow , and was in societie with the Douglasses . He doubts with what zeal or fidelity he would prosecute the businesse . Argyle was in great account , for warrelike and politick wisedome ; But he lay farre off , in the North-West parts of the Kingdome . There is no remedie , he must be the man ; he is made Lieutenant , and ( as our Writers say ) by the Lord Humes assistance drove Angus out of Scotland . But all our ancient men , who lived in those dayes , and were present at those doings , and actors in them , say the contrary , That he did no good , but came to Dumbar , and some of his companies going before , were set upon at the Peeths , and three or fourscore of them slain . Hereupon was made this rime in derision , beginning thus : The Earle of Argyle is bound to ride From the border of Edge-bucklin bray , And all his Habergeons him beside , Each man upon a sonke of Stray , They made their vow that they would slay , &c. Neither did the Lord Hume take any particular dealing against him ; neither did he leave Scotland , being compelled thereto by force ( as our traditioners say ) but upon the King of Englands desire , who wished him so farre to obey and yeeld to his Prince . He also caused him to render Tantallon up to the King. What warrand the King of England had , and what promises by word ( for it stood not with his honour to give any thing in writ , that his clemency might be free and voluntary , and not by capitulation ) our History doth rather glance at it , than expresse it in these words ▪ That the Castle of Tantallon being rendred , the King should under his hand-writing assure them of the rest of their petitions . Yet the Castle being rendred , the rest were not ( for all that ) sincerely kept . What he speaks of the rendering of the Castle , ou●… old men ( acquainted with these mysteries ) speak also of the Earles leaving Scotland ; That both were done upon these promises . They tell also what the promises were , that they should be received again , pardoned , and get their peace ( the Kings honour being once thus salved by his going out of the Countrey , and rendering of the Castle ) within such a space as was agreed on . Our Histories also signifie no lesse by the exception which it makes in this : The rest ( sayes he ) were not sincerely kept , except that favour was granted to Alexander Drumond to return , &c. Then his return hath been one of the conditions , seeing it is accepted as one of them that were performed . Neither hath the condition been that he alone should return , but that they should be brought home all of them . He signifies also , that Drumonds return was not permitted out of any respect to the promise , but at the request of Robert Bartaine . So that the exception is no exception ; and so nothing hath been keeped . But the King of England ( to whom the promise was made ) was not at this time disposed to exact the performance of it , and to back his exacting of it with ▪ 40000. men , as Princes promises should be urged . Men say he had other work in hand , and businesse of his own to request for ; which was to desire his Nephew James to be quiet , and not to trouble his Kingdome while he made Warre against the Emperour Charles . Yet afterward in the year 1532. he sought it directly amongst the conditions of peace ▪ that the Douglas ( according to his promise ) should be restored . For King Henries own part he entertained them with all kinde of beneficence and honour , and made both the Earle and Sir George of his privie Councell . The Kings anger still continued against them in such sort , that nine years after , in 1537. he was contented that Jeane Douglas Lady Glames ( who was Angus sister ) should be accused by false witnesses , condemned and execute . The point of her accusation was , that she , and her husband ( Archbald Campbell then ) and her sonne and an old Priest , had gone about to make away the King by Witch-craft . Their servants were tried and racked , but confessed nothing , the accuser John Lion ( a Kinsman of her first husband ) when he saw how they were like to be used , and that the house of Glames would be ruined , repenting of what he had done , confessed to the King that he had wronged them ; but it did no good . She was burnt upon the Castle hill with great commiseration of the people , in regard of her noble bloud , of her husband , being in the prime of her years , of a singular beauty , and suffering all , though a woman , with a man-like courage , all men conceiving that it was not this fact , but the hatred the King carried to her brothers , that had brought her to this end . Her husband seeking to escape over the wall of the Castle , ●…ell , and broke his leg , and so died . Her sonne was kept in prison , because he was so young that the law could not strike against him . Others were committed to Ward , as Sir George Hume of Wedderburne ( who was Angus his sisters son ) to the Black-Nesse , for whom his mother Dame Alison Douglas coming often to entreat the King for him , though he alwayes used her courteously , and gave her good countenance ( and that almost onely to her of all their friends ) so that his language was by way of excusing without deniall , yet she could obtain nothing till a little before his death about the rode of Fawla , when hee began to misse their service , then he set him at libertie . His implacabilitie did also appear in his carriage toward Archbald of Kilspindie , whom he ( when he was a childe ) loved singularly well for his ability of body , and was wont to call him his Gray Steell . Archbald being banished into England , could not well comport with the humour of that Nation , which he thought to be too proud , and that they had too high a conceit of themselves , joyned with a contempt and despising of all others . Wherefore being wearied of that life , and remembring the Kings favour of old toward him , he determined to trie the Kings mercifulnesse and clemency . So he comes into Scotland , and taking occasion of the Kings hunting in the Park at Stirlin , he casts himself to be in his way , as he was comming home to the Castle . So soon as the King saw him afar off , ere he came near , he ghessed it was he , and said to one of his Courtiers , yonder is my Gray Steell , Archbald of Kilspindie , if he be alive . The other answered , that it could not be he , and that he durst not come into the Kings presence . The King approaching , he fell upon his knees , and craved pardon , and promised from thence forward to abstain from all meddling in publick affairs , and to lead a quiet and a private life . The King went by without giving him any answer , and trotted a good round pace up the hill . Kilspindie followed , and ( though he wore on him a Secret , or shirt of Maile for his particular enemies ) was as soon at the Castle gate as the King. There he sat him down upon a stone without , and entreated some of the Kings servants for a cup of drink , being wearie and thirstie : but they fearing the Kings displeasure , durst give him none . When the K. was sat at his dinner , he asked what he had done , what he had said , and whither he was gone ? It was told him , that he had desired a cup of drink , and had gotten none . The King reproved them very sharply for their discourtesie , and told them , that if he had not taken an oath , that no Douglas should ever serve him , he would have received him into his service , for he had seen him sometime a man of great abilitie . Then he sent him word to go to Leith , and expect his farther pleasure . Then some kinsman of David Falconer ( the Cannonier that was slain at Tantallon ) began to quarell with Archbald about the matter , wherewith the King shewed himself not well pleased when he heard of it . Then he commanded him to go to France for a certain space , till he heard farther from him . And so he did , and died shortly after . This gave occasion to the King of England ( Henry the 8. ) to blame his Nephew , alledging the old saying , That a Kings face should give grace . For this Archbald ( whatsoever were Anguses or Sir George his fault ) had not been principall actor of any thing , nor no counsellour or stirrer up , but onely a follower of his friends , and that no wayes cruelly disposed . He caused also execute Sir James Hamilton of Evendale , for divers reasons : but that which incensed him most , was his correspondencie , and secret trafficking and meeting with the banished Douglasses , especially with Sir George , whom he met with in the Park-head , as the King was informed . There was no man that he could hear had but received them into his house , but he caused apprehend , and execute the rigour of the law upon them . He caused the Laird of Blackader bring in John Nisbet of the Spittell , and made him to be executed to death , for receiving ( as was alledged at least ) the Earle of Angus into his house . These many executions proceeding from many reports and delations given to him , bred great suspition in his minde , all the woods seemed full of theeves . Many were put to death for the Douglasses ; this was a token that they had many favourers : many were offended by these executions , and so many ill-willers by being offended . So his suspition against the Nobilitie was daily increased , his jealousie growes , cares multiply , his minde is disturbed , which would not suffer him to sleep sound , but troubled his head with dreames and fansies . In the mean time the Warres began with England by mutuall incursions on the Borders . The King sent George Gordon Earle of Huntley to the Border to represse the English. But they seeing his Forces so small , came forward to have burnt Jedburgh . The Lord Hume hearing of their intention , went and lay in their way . The Earle of Angus had been sent down to the Border by the K. of England , to wait for occasion to do something against Scotland , and was now with these English here . Hee disswaded them from fighting , and told them , that the Lord Hume would not flee , nor his men leave him , and that they would all die at his feet . But they would needs fight , and were overthrowne . The Earle of Angus himself was almost taken , for he was caught about the neck , and rid himself again with his dagger , and so escaped . There were some slaine , more taken , all scattered and chased . The King was so glad hereof , that he gave the lands of the Hirsell to Sir Andrew Ker of Little-dean for bringing the first newes hereof : but he that was the chief actor the Lord Hume got nothing . This was at Halden rig . Then was the rode of Fawla , where the Nobilitie did flatly refuse to fight , and suffered the English to retire , and escape without battell or skirmish . The King being there in person , was so enraged hereat , that he burst forth into open railing against them , calling them cowards , and beasts that were not worthy of their places or Predecessours ; and withall told them , that he should bring home those that durst and would fight , meaning the Earle of Angus and his friends . Then followed on the neck of this the defeat at Solemne-Mosse , where Oliver Sinclar being deserted by the Nobility , was 〈◊〉 to flie , and so lost the day , and many were taken prisoners ; many also yeelded themselves to the English. The King , who was not farre off , when he heard of it , was wonderfully commoved , having his minde distracted with indignation , anger , grief and sorrow ; now thinking how to be avenged on them that had dealt thus traiterously with him ; then of new preparation for the Warres , & how it should be managed . For which he saw now there was but one way left , which was to bring home the Earle of Angus , upon what ever terms ; seeing at last what a subject he had thrust from him , and repenting him , said he should bring him home , that would take order with them also . But it was too late , for his death ensuing shortly after , hindered the execution of that purpose . He died the thirteenth of December 1542. leaving one onely daughter Mary his heir behinde him , a childe of five dayes old . But although he lived not to effect his determination , yet he gave them an honourable testimony of their worth , and withall made a confession of the wrong he had done to them , and gave them a clear absolviture from all former imputation . And so for their part they rest satisfied with it , and seek no other . The King was dead , who had purposed to have brought them home , his will is enough to them ; they stand not on ceremonies , they come home now unsent for . There were taken prisoners at the Solom-Mosse , seven Earles and Lords , foure and twenty others of inferiour , but good place and quality . When King Henry of England had triumphed a while over them ( causing to lead them from the Towre of London to Court through Cheapside Street the 20. of December upon Saint Thomas day ) he rebuked them as breakers of Covenant by a long harangue of his Chancellour ▪ who magnified the Kings mercy , who did ( said he ) remit much of the rigour he might justly have used against them . After this they had some more freedome ; and when the news of the Kings death was come , he dealt kindly with them , and told them his intention ; which was to have their Kings daughter married to his sonne Prince Edward , that so the Nations of England and Scotland might be joyned together by that alliance ; for affecting of which match he takes their promise to favour his designe , and to set it forward at home as farre as they might without dammage to their Countrey , or reproach and infamy to themselves . So ( having first taken pledges and hostages of them at New-Castle , by the Duke of North-folke , for their return , in case the peace were not agreed on ) he sent them home to Scotland the first of January 1543. with these returned our Douglasses ( the Earle and Sir George ) after fifteen years exile , and were received of all with great joy and gratulation . Onely they were not welcome to the Cardinall . They had been ever at variance , they ranne divers courses in policie , he suspected their Religion , specially Sir Georges . He knew they would not approve nor ratifie the Kings testament which he had forged ▪ wherein he was made Protectour and Governour , with three Noblemen to be his Assessours . He doubted not , but that they would oppose him in the Parliament ; and therefore here he found means to be chosen Governor before their retu●…n . Yet his fraud was detected before they came home , and he debouted , and put from that authority . In his place James Hamilton Earle of Arran was chosen , as being the man to whom it properly belonged , as next heire , and best beloved , partly because they had a good opinion of his towardly disposition , and that he was not averse from the reformed Religion ( whereof he willingly read the controversies ) partly because they hated the Archbishop Beton and his priests crueltie , which put every man in fear of their government . That businesse was settled ere they came home . The next point was the marriage of the young Queen , which they were to set forward with England . The Queen mother , and the Cardinall , and the whole faction of the Priests , oppose this way with all their might and power . But they prevailed not , and the Cardinall because he troubled all , and would suffer nothing to be done orderly , he was shut up in a Chamber till the matters were concluded , and pledges promised to bee given to the English Ambassadour Sir Ralphe Sadler for performance . Ambassadours also were sent into England to treat on the conditions ▪ They were , the Earle of Glencarne , Sir George Douglas , Sir William Hamilton of Machane , and the Secretarie of estate . These remained foure moneths in England , agreed at last , and concluded all articles and conditions . But in their absence , the Cardinall was set at liberty , who troubled all , gathered a contribution of the Clergie , and what by bribing , what by other practices used by him , and the Queen , turns the Nobilitie quite an other way . When those that had been sent into England were returned , and found things in this estate , they were much grieved at it , and laboured to recall things , and to perswade them to keep their promise made to King Henry . To move them hereto , Sir George Douglas spake to them very earnestly , and told them the apologue of the asse , which a King did love so dearly , that he had a great minde and desire to have her to speak : and having dealt with divers Physicians to make her to speak , they told him it was a thing impossible , and gainst nature ; but he being impatient , and not enduring to have his desire crossed , slew them because they told him the truth . At last he trying about what others could doe , one , who was made wise by their example , being required to do it , he undertook it ; but withall he shew him , that it was a great work , and would be very chargeable . The King being set upon it to have it done , told him he should have what allowance he pleased , and bade him spare for no charges : and that besides he would reward him liberally . The Physician told him that it would prove also a long cure , and could not be done in a day ; ten years were the fewest that could be allotted to it . The King considered of it , and was contented to allow him that time for performing it ; and so they agreed , and the Physician began to fall to work about his asse . His friends hearing of it , came to him , and asked him what he meant , to take in hand that which could not be performed in nature . He smiled , and said unto them , I thought you had been wiser than to ask me such a question : if I had ( sayes he ) refused to take it in hand , he had put me to death presently , now I have gained ten years time , before which be expired , who can tell what may happen . The King may die , the asse may die , I my self may die ; and if any of these happen , I am freed . In the mean time I shall be in good estate , wealth , honour , and the Kings favour . Even so ( sayes Sir George ) stands the case with us at this time : if wee refuse and leap back from the conditions that are propounded and agreed on , wee enter into present Warre , for which we are very unfit , and ill provided . If we embrace them , we gain time , we shall enjoy peace and quietnesse during the Queens childe-hood , and before that be expired , Prince Edward may die , our Queen may die , King Henry may die , or the parties when they come to age , may refuse one another , or then perhaps ( as things may fall out ) it may be thought the best way by us all . But he could not perswade them to it , the Queen mother , and the Cardinall , the Pop●…sh and Politick Faction standing for France , and drawing all to that end , had so wrought the matter , that there was no place le●…t to any wholesome councell . These two for strengthening of their party had sent to France , and moved that King to send home Matthew Earle of Lennox a competitour and counterpoyse to the house of Hamilton . He came , being put in hope of the Queens marriage ▪ and to be made Governour , but when he saw himself deluded , and Beton preferred to the government , in effect upon agreement of Arran , and the Cardinall ( wherein Arran had renounced the controverted heads of Religion , and addicted himself fully to the Queen and Cardinall , to be ruled by them ) he forsook them , and so did also the Governours chief friends leave him , and turne to Lennox : And now Lennox had made a strong party against the Governour and the Cardinall , but at last he was drawn to come to a Parley with them , first at Edinburgh , and then at Linlithgow , where finding that they intended to intrap him , he fled in the night , first to Glasgow , then to t●…e Castle of Dumbartan . About this time the Hamiltons and Douglasses were reconciled : and for further assurance of sincere and firm friendship , Sir George Douglas , and Alexander Cunninghame Master of Glencarne , were given as pledges ( the one for his brother , and the other for his father ) to the Governour Hamilton , upon promise to be released within a few dayes , but they were kept till the English Army came . Angus himself also , and the Lord Maxwell going to mediate a peace betwixt the Governour and Lennox ( a dutifull part of a Nobleman , and of a good Patriot ) was retained ; and both sent out at a back-door at Glasgow , to Hamilton , while their followers did wait for them at the ordinary fore-gate of the Governours lodging . Angus was sent a●…terward to the Black-Nesse , and kept there a close prisoner . Thus were both he and his brother in the hands of their enemies : neither did their wisedome or experience , the examples of their Predecessours , or their own maximes and rules save them from being intrapped . But who can keep himself from deceit : What wisedome was ever able to do it ? we heard before in the Lord Hume ( Chamberlain ) how he was catched , and therefore no wonder , though the young Douglasses ( put to death in Edinburgh Castle ) were deceived . It is wrong to impute it to want of fore-sight , as these two ( who were at other times wary enough ) may witnesse . They may thank God more than their own good guiding , if they escape with life ; but that God doth worke it out , where their wisedome failed ▪ He sends in the English Navie , which was bound for Boloigne , under the command of the Earle of Hartford . Some sayes that they were so directed by King Henry to relieve the Earl and his brother ; some , that it was to revenge the rejecting of his affinitie . However it was the mean and occasion of their releasing . For having landed at Leith unlooked for , the Governour and Cardinall were forced to flee out of Edinburgh , which they burnt , being abandoned by them , and the Citizens being most of them absent about their Traffick . The Governour , either required to do so by the Earle of Hartford ( who threatned to destroy more of the Countrey after the same manner if he refused ) or of his own motion , so to regain their favour , and service of their followers , set them all at liberty , Angus , Maxwell , Glencarne , and Sir George . Their wisedome saved them not from being catched , but their worth releaseth them , either in the judgement of King Henry ( if it were his request ) or in the estimation of their enemies , if it came meerely ▪ of themselves , who saw how steadable , yea how necessary their fav●…ur was to them . That which had brought them home , if King James had lived , procures their liberty from this Governour now when the King is dead . Envie committed them , true valour brings them out of prison . So it is seen ere long : for Lennox being ●…orsaken by the French , and his partners overthrowne by the Hamiltons , he fled into England , and was well received and entertained by King Henry , who gave him also his sisters daughter by the Earle of Angus , Lady Margaret Douglas to wife . On her he begate Henry Lord Darneley , who was married to Queen Mary of Scotland . He sought to have married the Queen Dowager , he is rejected ; but he fares better , and comes to reigne in both the Realmes by his Posteritie . Let men look on it , and see the deepnesse of providence , and learne not to distrust in whatsoever strait , seeing the worst doth often occasion the best ; for even in exile being condemned and for●…eited , he was laying the foundation of this returne . Of these dissentions at home , the Forrein enemie takes advantage , the K. of England sends an Armie to Scotland , burnes Jedburgh , and Kelso , takes Coldinghame , and fortifies the Abbay and steeple thereof . Thither goes the Governour Hamilton with 8000. men in winter , and batters the steeple one whole day and night , all the Company standing all that while in Armes . The next day he took horse , and went to Dumbar with all the speed he could , accompanied onely with a few of his most familiar friends , without acquainting the Nobilitie or Armie with his departure . What it was that moved him hereto , is uncertain , whether it were some rumour of the enemies approaching , or that he feared lest his own Armie ( whom he had offended many wayes ) should have del●…vered him into the hands of the English. This troubled them all so much the more , because they knew not thereason of it . Wherefore they began to advise what was next to be done : Some thought it best that every man should go whither he would , and leave the Ordnance a prey to the enemie . Others thought it was better to charge them double , and so to break them , that they might not be usefull to the enemie . Thus is the case brought to an exigent , this is the place for the Earle of Angus to shew himself to be a Douglas of the right stamp . So he doth ; he rejects both these wayes as dishonourable , and exhorts them , that they would not ad de this grosse errour in Warre to their shamefull flight . But when he could not perswade them either by reason or authoritie , he cryes out aloud , that they might all hear , For my part ( saith he ) ●…had had rather die honourably , than live with shame , though with never so much riches and ease . Ye that are my friends and companions in armes , do what you think best , but I shall either bring home this Ordnance , or shall not bring home my self alive , and one and the same day shall end both my life and my honour . Having spoken thus , he commanded them to go on with the Ordnance , and he with his Companie , and some few moe that stayed with him for shame , marched after , to keep off the English that pursued them , and so brought them safely to Dumbar . Then turning him to the Master of the Ordnance , Take them there to thee ( saith he ) better thus , than either broken , or left behinde . A sober and gentle reproof to those that had abandoned him , yet such as might put them in minde of their fault . The honour was his , but the fault ( more observed oftentimes ) redounded to the discouraging of the Countrey , and emboldening of the English , which gave new occasion of stirring up in him the ancient vertues proper to the name , valour , and love of his Countrey . Sir Ralph Ivers , and Sir Brian Laiton , had made divers in-rodes into Scotland , in the Merse , Tividale , and Lawderdale , with good successe , finding no man to oppose or make head against them . The Inhabitants of those places , had for the most part yeelded and taken on the badge of England , the red Crosse , or at least kept themselves in strong places in safetie from the enemie . They esteemed all conquered , and for that which rested , they made account to conquer all unto Forth . So to Court they go , and sue to the King for a reward of their service , the inlarging of his Dominions . The Duke of North-folk , who had made warre in Scotland divers times , and knew the fashion of the Countrey , how easie a matter it was to make the Commons ( when they wanted a Head in time of Civill and intestine dissention ) to yeeld to any conditions ; but withall know also , that they would presently cast off the yoke so soon as they found any to lead them into the field , he perswades the King to bestow upon them for their reward , all the Land that they had conquered , and to encourage them to go on , promiseth unto them all the Land that they could conquer more thereafter . They come to the Borders full of hopes , and increase their Forces by the addition of 3000. hired souldiers , with intention to go on with their conquest . This did greatly grieve such Scots as remained true Scots indeed . The flight from Coldingham had discouraged them ; they could look for no good from the Governour . But he who had his Rose Garland unstained there , must be the man to do the turn here also . Angus had large possessions in the Merse and Tividale : therefore he had his particular interest , and could not so easily leave his lands for a prey to the enemy , nor suffer so great an indignitie in publick , and reproach to his Countrey . Being moved with both these considerations , he goeth to the Governour , and layeth before him the greatnesse of the danger , and how he did suffer in his own reputation for the businesse at Coldingham , and would now suffer more if he sat still and did nothing at this time : Wherefore he exhorteth him to take some course for the safety of the Countrey , and to repair his own honour . The Governour bewailes his own estate and condition , that he was not able to do any thing ; being deserted by the Nobility , whereof he complained heartily . Angus replyed , and told him it was his own fault ; For they ( said he ) would willingly hazzard and bestow both their lives and fortunes for the defence of their Countrey , but you contemn their counsel , and have given your self over to be guided by a company of Priests , who are unfit to go abroad to the War●…es , and are seditious at home ; being free from perill themselves , they live on the fruits of other mens labours like Drones ; abusing and spending all upon their own pleasures . From hence doth spring this suspicion and jealousie betwixt you and the Nobilitie , that none of you doth beleeve or trust other , which is the bane of all actions , and hindreth the atchieving of any matter of moment . But if you will apply your self to them , and consult with them , who will not spare to spend their lives in the execution of things ; I do not distrust but as honourable acts may be performed by us now , as have been done at any time by our Predecessours ▪ But if by sloth and negligence ye suffer the enemy thus to encroach by piece-meal , he will at last force us either to yeeld to him , or forsake the Countrey : of which two it is hard to say which is the most miserable and shamefull condition . As for us two , I know we are traduced by our enemies , they accuse me of betraying my Countrey , and you of cowardise , but if you will resolve throughly and soundly to do that now , which you must needs do some time , it shal not be a flourished speech , and painted words , that shall confute their calumnies , but the flourish of Armes , and a Pitched field . The Governour considering the truth , and honourable counsell given him , promised to follow his and the rest of the Nobilities advice . Hereupon Proclamation is made and sent into all the Provinces about , commanding the Nobiltie to repair to the Governour with all the haste they could , wheresoever he should happen to be . There came not above 300. horse , with these they march toward England ▪ and by the way some few of Lowthian , and some of the Merse joyn with them . So they come to Melrosse upon Tweed , where they intended to stay , and wait for the rest that were coming . The English were come to Jedbrough before , and now being advertised of the small number of the Scottish Army , they march toward Melrosse , having 5000. men in their Army , in great confidence to defeat so small a number as was with the Governour , who besides that they were so few , were also ▪ wearied with their journey . The Scots had notice of their coming , and thereupon retire to the next hils , where they might with safety espie what course the enemie would take . The English frustrate of their hope ( which was to have surp●…zed them ) stay about the Town and Abbey of Melrosse , which had been spoyled not long before , to see what more spoil they could light on , untill it were day ; for this was in the night time . As soon as it was day , they began to march back toward Jedbrough , and the Scots ( to whom had now joyned Norman Lesly with 300. Fifemen , and Sir Walter Scot of Balcleugh , with a very few of his domesticks ) encountered them by the way . Both Armies alighted from their horses , and fought on foot . The English confiding in their number , and hoping with a few houres travell , to perchase honour and riches with peaceable and quiet possession of the Lands that were granted to them by their Kings gift , fought very valarously . They had divided their Army into three battels ; and seeing the Scots Grooms ( who rode up the hill with their masters horses , which they had put from them ) they supposing they had been the Scottish Army fleeing , made great haste to overtake them . And so ere they were aware , they were hard upon the Scottish battell , which stood in array in the valley at the foot of the hill unseen till now . At the first encounter their Foreward was beaten back upon the middle , and both together upon the Reer-ward ; so that their Ranks being broken , and all in confusion , they were constrained to flee , and the Scots following hard upon them in grosse , slew them down right without resistance . At night when the Scots were returned from the chace , every man repairing to his Colours , they found but two of their own slain ; & of the enemie ( besides Sir Ralph Ivers , and Brien Laton ) 200. or ( as others say ) 800. amongst whom there were divers Gentlemen of good note and qualitie . There were taken prisoners ▪ 1000. or as others 2000. ( with all their baggage which had been left at Melrosse ) of which there were 80. of good birth and qualitie . It was no little furtherance to the victory , the advantage which the Scots had of the Sunne going down , and so beating full in the eyes of the enemy : as also of the Winde that blew the smoak of the Powder on their faces likewise , so that they were blinded two wayes . They had also marched so fast to overtake the Scots , that they were quite out of breath almost ere they came to strokes ; and when they came to them , at the first joyning , the Scots that were on their side fled without fighting . It is said that the Earle of Angus was so resolute and void of feare , that when they were going to joyn battell , he perceiving a Heron flie over their heads , cryed out aloud ; `` O that I had my white Gose-hawke here , we should all yoke at once . The honour of the victorie was wholly given to him , and the profit came to the Governour . But the more honour that Angus got at home of his own countrey-men , the more hatred he had of the Enemy the English. King Henry blamed him , saying he was ungratefull , and vowed to be avenged of him for it . As if any gratitude could binde a man to betray his Countrey , or any benefite tie him to omit his duty toward it : Angus had never learned such gratitude of his Predecessours , nor could his noble heart stoop to such mercenarinesse . And as for his threatnings , he looked upon them with the same courage and resolution . Is our brother-in-law offended ( sayes he ) that I am a good Scottish man ? Because I have revenged the defacing of the tombes of my Ancestors at Melrosse upon Ralph Ivers ? They were better men than he , and I ought to have done no lesse : And will he take my life for that ? Little knows King Henry the skirts of Kirnetable , I can keep my self there from all his English hoste . The newes of this victory being come to France , the King sent Monsieur de L'orge Earle of Montgomerie into Scotland with 3000. foot , and 500. horse , to assist against England . He gave him also commission to bestow the order of the Cockle ( or S. Michael ) on the Governour , Angus , Huntley , and Argyle , which he did accordingly . De L'orge arrived about the fourth or fifth of July 1545. and moved the Governour to assemble some power of men , about 15000. which were mustered at Hadington . From thence they went to the Borders , and encamped over against Warke , an English Castle upon Tweed . But they did nothing to any purpose . Hereupon the Count Montgomerie returnes into France the rest of that year , and the next following , with a good part of the year 1547 ▪ there was nothing done abroad , or at home , save that the Cardinall was busied in causing execute such as were of the reformed Religion , whereupon followed his own tragicall death , and the French Galleyes coming , besieged S. Andrewes Castle , and carried away the authors of the Cardinals slaughter into France . The Earle of Angus hath had no hand in all these broyles ; for he is never mentioned in any of them . Only his naturall son George is said to have gotten the Abbacie of Arbrothe . But then ( if he got it ) he might have been called Abbot , and not Postulat , or Postulant , which ▪ implies , that he was ever asking it , but got it not . In the same year 1547. in August , King Henry of England dying , his son Edward ( a childe of some eight or nine years of age ) succeeded , and his Uncle the Earle of Hereford was created Duke of Sommerset , and made Protectour of England . He levied two Armies to come against Scotland , one by sea , another by land , in which he came himself in person , and with him the Earle of Warwick . It contained 18000. men . He pretended for the cause of his coming , the performance of the marriage betwixt the King his Nephew , and the young Queen of Scots , together with the observation of the Articles agreed upon with the Scottish Nobilitie in the Treatie of Peace with King Henry . The Governour was mightily perplexed herewith . He had no forraigne aide , and he distrusted his Countreymen at home . Notwithstanding he causeth it to be proclaimed , that they should assemble themselves to resiste the common enemie . They had their randezvous at Edinburgh , and there came thither to the number of 30000. men . From thence they march to Musclebrugh , which is seated at the mouth of the river of Eske in Lowthian some foure miles from Edinburgh . The English lay at Preston within two miles , and their Fleet sailed along the Coast , still in the view of the Land army , & ready to second or succour it . The Protector looking down from Carberrie Hill , and perceiving the Scottish Army to be greater than he had expected in regard of the civill discord and dissention that was amongst them , called a Councell of Warre , to advise about the Battell ; and in the mean time he sends a Letter to the Governour , to try if things could be taken away without blood . The summe of the Letter was , that he was come to crave the performance of the marriage , and the observance of the conditions agreed unto by the Scots . If they would not yeeld to that , yet if they would but promise not to enter into terms of marriage with any other forrain Prince , nor carry her out of the Countrey till she were come to years of discretion to choose her own husband , they should return in peace , and make satisfaction for any dammage their Army had done . This was very reasonable ; but it should have been treated of before they came from home , and rather by Ambassadours than in the field and camp . It hath never been the cause of their coming with an Army , but rather hope that no head could have been made against them ( in respect of the dissention for Religion and other divisions ) which perswaded them to come : Now the sight of an Army which was a sufficient party for them , had taught them wisedome and moderation in their conditions . If the Governour could also have moderated his hope of victorie , which arose from his confidence in the number of his men , the bargaine had been agreed on , and the businesse had ended without blood . But his councell of Warre ( his base brother the Bishop of S. Andrews , George Durie ▪ Abbot of Dumfermling , Archbald Beton , and Hugh Rigge ) puffed him ▪ up with idle hope of a sure victory . So the Letter is supprest , and preparation made for battell . The Armies were thus ordered . The English were divided into three battels ; Whereof Warwick led the Vaunt-guard , together with Sir Francis Brien , who commanded 800. light horsemen which were in the wings . The Protectour himself commanded in the mid battell , having with him Sir Peter Mewtas with 600. Musketiers , and Jamboas a Spaniard with 1000. horse with Carabins . The Reer was conducted by the Lord Dacres , to whom was joyned Sir Richard Manners with 600. light horsemen . The men at Arms , and demilances , were commanded by the Lord Gray . The Scottish Army was also tripartite , of which Angus had the Vaunt-guard ; to whom were joyned Coile , Carrict , and Cunningham , with Stirlin-shire , and Stratherne , to the number of 10000. in all . The like number was with the Governour in the middle Ward , and as many with the Earle Huntley in the Reer . The English had resolved on a fair retreat toward Berwick , thinking it not fit to hazzard a battell upon such disadvantage in the number of men ; and not being able to stay without fighting , for want of vivers , which they could not bring in out of the Countrey by forraging , in regard of the neernesse of the enemy . In the mean time they perceive Angus with the Vantguard coming marching up the hill against them . He made no great haste at the first , knowing they could not stay long , thinking it better to assaile them in their retreat . But the Governour sent him word to advance , and yet for all that he marched but leisurely , till he sent to him again , and commanded him to mend his pace , assuring him that he and Huntley should be hard at his hand to support him . Then he marched so fast that the English beholding them from the hill , beleeved they had been all on horseback . Wherefore the Lord Gray wàs sent with his men at Arms , and demilances , on barbed horses , to stay them , and ( if he could ) to break their Ranks . The Scots were close joyned together ( as their manner is ) and carried long speares , not unlike the Macedonian Phalanx : Angus encourages them , exhorts them to fight manfully , & adviseth them to kill the horses by pricking them in the belly , for they were armed in the Counter . These men ( said he ) shall be our prey if ye do so . They followed his counsell , charged the enemy fiercely , and kept their Ranks so whole and close , that 200. of the English were brought to the ground and killed ; the rest retired to their companies . The Protectour commands the Lord Gray to charge again , but he answered ; that he might as well command him to runne against the walls of Boloigne , for it was as impossible to break through the Scots Ranks , as to break through a Brick-wall . Hereupon the Protectour resolved either to retire , or flee as they could , & called for some Scots in his army , who knew the wayes , to be their guides . One of these was named Thomas Lorraine , a Tenant to the Laird of Red-brayes in the Merse , of whom many have often heard this report . The Earl of Warwick adviseth to try another way ; he causeth Jamboas the Spaniard with his Carabins to set upon them in flanke . Hereupon they , lest they should break their Phalanx , turned softly toward him , from the right ascending of the hill , which way they were in before . The Governour with his mid battell seeing them declining from the straight way which led to the enemy , and which they had been in before , supposed they had fled , aud so brake their own Ranks , and fled first themselves . Huntley with his Reer followed the Governours example , and fled likewise . The Vaunt-guard thus destitute of all support was overthrown , and most of them all killed . The English Ships had greatly annoyed the Scots Reer with shot from the Sea , for there was one Galley , and two Pinnaces , that came so near to the Shore , that they reached the enemy with their Ordnance , and Lochinvarre was slain by one of their shots . This the Governour and Huntley alledged for their not coming to succour the Vaunt-guard after the first charge , because their men ( chiefly the High-landers ) refused to go with them being so troubled from the Ships . There were slain in this battell a great number , and those of the Flowre of the Scottish Nobility ; amongst whom were the Masters of Ereskine , Grahame , Methvane , Oglevie , Levingston , and Rosse ; the Lords , Fleming , Glencarne ▪ the Lairds of Lochleven , and Sir George Hume of Wedderburne . The Earle Angus his brother , Sir George , and Glenbarvie were commanded to keep themselves on horseback , and ride about the companies to exhort them and keep them in order . It was so much the more easie for them to flee , yet Glenbarvie was hardly pursued for the space of foure miles , being taken for the Earle of Angus , because he rode on a py-bald horse that was known to be the Earles . Angus himself escaped , and came that night to Calder , very heavie and sorrowfull for the losse of the battell , and of his friends . Many fled to the Castle of Dalkeeth , amongst whom was James Douglas Earle of Morton , afterward Regent of Scotland ; and David Hume of Wedderburne , brother to Sir George Hume that was slain in the field . The Castle was besieged by the English , and defended a while , but wanting provision of victuall for such a number of men as had fled thither , and having no hope of any relief to come to them against a victorious Army , it was rendered , and these fore-named made prisoners . The Earle of Angus complained heavily that he had been thus abandoned by the Governour and Huntley , and laid the blame on them of the losse of the day , and of his so many dear kinsmen ând friends , especially to the Queen-mother ; whom he went to visit at Stirlin . She seemed to be much grieved therewith , but was thought not to be discontented that the Hamiltons had suffered this disgrace , and their pride and authoritie was thus abated , which made for the setting forward of her project , which was to wring the Government out of their hands , and winde in her self into that place ; as also to bring in the Frenchmen , under the pretext that the Countrey was not able to maintain the warre against the English , who had fortified Insh-Keith , Saint Columbs Insh in Forth , Broghtie on Tay , Hadington on Tine ; at Lawder and Roxburgh built Forts , and taken the Castles of Hume , and Fascastle . The French were sent for ▪ and came into Scotland at her request , these places were all regained by their assistance , the young Queen Mary was conveighed into France , to be married to the Daulphine , Francis the second afterward . Then the Queen-Mother dealt with the Governour to demit his place , which he did at last , and she was substitute into it as her daughters Deputie , having Monsieur D'Oselle ( a Frenchman ) for her Counsellour and adviser in all affaires . This was done in a Parliament in the year 1555. the 10. of April . All this while we hear nothing of the Earle of Angus , save at the siege of Hadington , where when the wals were battered and made assaultable by a sufficient breach , the French ( who were there ) refusing to enter the breach , ( because they being far from home , they could not easily repaire their losse of men ▪ ) the Earle of Angus moved with indignation hereat , left them , and went to Tantallon to remain there . And again , when Monsieur de Termes besieged Broghtie upon Tay , Angus is said to have been with him , and lying at Breeghen with some horsemen to have skirmished daylie with the enemie . At last both Broghtie , and another Castle near unto it were taken , and almost the whole Garrisons slain that were in them . And now the Queen-Mother being Regent , all her care and endeavour was to bring Scotland into subjection of the French. For this purpose a motion was made , that all men should be taxed proportionably , according to their meanes , and the moneyes levied thence , should be imployed to wage souldiers for the defence of the Countrey , that so the Gentlemen and Nobilities travell and bloud might be spared . None liked of this course , but every one eschewed to be the first refuser and opposer of it . At last the small Barons sent Sir James Sandilands of Calder , and the Laird of Weemes to her , whose speeches are set down at length . Thus our Writers say : But the ancient men report , that the Earle of Angus was the man that made the refusall ( it may be he joyned with them ) and that he came to Edinburgh , accompanied with 1000. horse , which was against her Proclamation , whereby it was forbidden that any man should have any moe in train then his domesticks and houshold servants , which was to make way for , and was another meane of their intended tyranny . She reproved him for transgressing the Proclamation by being so accompanied . He answered ; That the Knaves would not leave him , that he would gladly be rid of them , for they did eat all his Bread and his Beefe : that he would think himself much bound to her , if she would make him free and quit of them . Concerning the tax which she desired to be made , he said briefly ; We will fight our selves , and that better than any hired fellows ; our Prededecessours have done it , and so will we do also . They tell also how at another time , she desired of him to have his Castle of Tantallon to keep warders , in or upon I know not what pretext , or for what use . To this hee gave no direct answer for a long time , but having a Gose-hawke on his fist which he was feeding , spake of her , saying she was a greedy Glad , that she had already too much , and yet desired more . But when the Queen insisted ( not understanding , or not willing to understand his meaning ) he told her , Yes Madam , why not , all is yours , ye shall have it , it is at your service : But Madam , I must be Captain and keeper of it : I shall keep it for you as well as any man you shall put into it . They tell also how the Queen Regent had intention to make the Earle of Huntley a Duke ; whereof when she was discoursing with Angus she told him , how Huntley had done her very good service , for which she intended to advance him and make him a Duke , to which he answered , Why not Madam , we are happy that have such a Princesse , that can know and will acknowledge mens service , and is willing to recompense it : But by the might of God ( this was his oath when he was serious and in anger , at other times it was by Saint Bride of Douglas ) if he be a Duke , I will be a Drake ( alluding to the word Duke , which in Scotland signifies a Duck as well as that title and dignitie , which being the female , and the Drake the male , his meaning was he would be above and before him ) Our Predecessours ( sayes he ) have done as good service as he or his , for which they have the priviledge to be the first of the Nobilitie after those of the blood Royall , and I will not lose it in my time upon any such pretext . So she desisted from further prosecuting of that purpose . Not long after this he died in Tantallon , and was buried in Abernethie , when he had lived from his marrying the Queen in the year 1514. in continuall action , all the minority of King James the fifth , his majority , all the time of the Duke of Albanie , of the Governour Hamilton , and of the Queen-Mother , till the year 1556. or 57. the space of 44. or 45. years ; to which if we shall adde his age at his marriage ( of which we have no certainty ) and suppose it to have been 20. years , hee hath lived some 64. years . He was a man ( besides his other vertues spoken of ) of greater wisedom than he made show of , or then did appear unto men . His brother Sir George ( who died before him ) was more learned , and of greater eloquence , with whom he entertained alwayes brotherly love and friendship , and would seem to be guided much by his counsel , so that when any suit was made to him , his answer was , We shall advise with our brother . But his brother would tell them ( who came to entreat him to mediate with the Earle ) in plain language , that if he had referred it to his advising with him , it was a thing he intended not to do : for ( sayes he ) what he mindes to do , he never adviseth with me . Neither was he hereby accounted lesse wise indeed ; for even this was a point of wisedome , that he would have his brother seem more wise , which did no whit diminish nor derogate any thing from him . It was of this brotherly affection , that he espoused his brothers quarrell against George Lord Hume about the Lands of Cockburnspeth , or Colburnspeth , as some will have it termed . The Lands were possessed by one John Hume , who was a near Kinsman to the Lord Hume , but for some unkindnesse or hard dealing and usage of the said Lords towards him , he chose rather to sell them to Sir George Douglas . To put his brother in possession ( or to keep it ) the Earle assembled out of Cliddisdale , Tividale , and other parts to the number of 3000. men . He was also assisted by Sir George Hume of Wedderburne , and the Laird of Blackader , together with the rest of Wedderburnes father brothers , all of them except Broom-house , who followed the Lord Hume . Angus brought with him field-pieces , and all provision of Warre . The Lord Hume with his forces came to the Moor above the Park-gate of Cockburnspeth , and alighting from their horses , put their men in order of battell . But when he saw Angus begin to march toward him , and that none came between to bring the matter to a Parley , he shrunk back over the ditch that was near by . Hereupon Angus ( thinking it enough to retain his brothers possession ) stayed his Companies , and stood still . The Lord Hume retired , and going homeward , scattered his Company , and the Earle did the like . Here a quarrell was like to have arisen betwixt John H●… of Blackader , and one Douglas of Jedward forrest . For when Angus began to march against the Lord Hume , this Douglas sayes to Blackader ; Now we of the Forrest , will teach you of the Merse to sight . The other answered a little angerly onely for the time : but when all were retired , he challenged Douglas for those words : to whom Douglas answered , were ye angry at my words ? when the other said he was , It is well ( sayes he ) that ye were ; for I was afraid you would not have been half angry , nor have fought half eagerly , there being so many Humes on the other side . Besides his wisedome and brotherly affection , the Earle of Angus is also reported to have had a great dexteritie in conciliating mens favour . There was no man whom he would not winne with his courtesie and affabilitie , no man but he would take notice of him ; and pretended to know either himself , or his father , or his Grandfather , or some of his friends , whom he would praise unto them , and tell what honest men they had been , and what good service they had done in such and such a place , at such and such times . Of which they relate this instance , how being in Edinburgh talking ( in the Tolbooth ) with the Lord Drummond , there came a friend to Drummond , and took him aside to speak with him a little . When the Gentleman had ended , and was going away , Angus takes him kindly by the hand , and spake familiarly to him as if he had been of his acquaintance . After he was gone , my Lord Drummond asked Angus whether he knew the Gentleman or not ; he answered , that he knew him not at all , and had never so much as seen him before . How com●…s it then ( sayes Drummond ) that ye spake so familiarly to him ? He answered , I saw he was a friend of yours , and your friends are my friends : And besides , this doth gain mens hearts , If I were now in danger , or had to do , yonder man would assist me , and take my part . Archibaldus Secundus . Quam praestans animi juvenis formâque decorus , Et fuerim tantis , tunc quoque dignus avis . Testis erit thalamo quae me dignata Superbo , Nympha , parens Regis , filia , sponsa , soror . Consiliis promptumque manu Teviotia laudat , Quae stratas acies vidit Ivere tuas . Atque tuas Latone : loquetur nos quoque fort●…s Esca lothi , & dextra hac me meruisse mori . Quin jam victor eram , ni Prorex Gordoniusque , Sive metus trepidasuasit abire fuga . Seu dolus aut error , liquissent turpiter hostem , Dum premo qui fugiens jam mihi terga dabat . Summus at hinc mihi surgit quod sanguine Creti , Sint nostro reges terra Britanna tui . Archbald the second Earle of that name . How lovely was my shape ! how sweet a grace Dwelt in my looks ! how like the Douglas race ! How gallant was my minde ! what hopes were had Of my fresh youth ! witnesse the Royall bed Of her who had been daughter , sister , wife , To three brave Kings ; how my ensuing life Made good these hopes ; how wise my projects were , Ivers and Laiton vanquish'd , witnesse beare . Pinkie beheld my strength , there had I gain'd The field , but Huntley , and the Regent stain'd Their honour : fear or errour made them flee , Ev'n when I wonne ground of the Enemie : Yet do not these such height of honour bring As t' have been Grandsire to Great Brittains King. Of David the eighth Earle of Angus : And of his father George , called Sir George of Pittendrigh . TO Archbald the second , dying without heires male of his own body , his brother Sir George of Pittendrigh should have succeeded , if he had out-lived him , wherefore we will speak a word of him . He got the Lands of Pittendrigh by marriage . His children by the heire of Pittendrigh ( whose name was Douglas also ) were David , who succeeded to the Earledome of Angus , and James Earle of Morton , and Regent of Scotland . This James got the Earledome of Morton by marrying the third daughter to the Earle of Morton , who was Douglas also , and so was made Earle by provision . Her other two sisters were married before , one to the Lord Hamilton Governour , and the other to the Lord Maxwell . He had also a naturall son , called George of Park-head , because he married the heire of Park-head in Douglas , she was also Douglas to name , of whom he begat James , afterward Lord Torthorall , by marriage likewise , and Sir George of Mordington . He had also a naturall daughter by the Lady Dundas , in her husbands time , called Elizabeth , who was married to Smeton Richeson . Of this Sir George we have spoken above in his brothers life , and how he died before his brother . His son David married Elizabeth Hamilton daughter to John Hamilton of Samilston , called John of Cliddisdale , brother German to Duke Hamilton who was Governour . She bare to him one onely son called Archbald , and two daughters , Margaret first Lady Balcleugh , then Countesse of Bothwell ; and Elizabeth Lady Maxwell . His wife after his death married the Laird of Whitelaw , and had before been married to the Laird of Johnston . This David lived not long , was little above a year Earle of Angus , neither hear we of any of his actions , being so●…e what sickly and infirme of body . He died in Cockburnspeth in the year 1558. The ninth Earle of Angus , Archbald the third , and of his Uncle and Tutour James Douglas , Earle of Morton . TO David succeeded his son Archbald , a childe not above two years old . His Tutour and Guardian was James Douglas Earle of Morton his Uncle , and mother to David . Wherefore it is no wayes out of our way , or impertinent for our History , but rather necessary and most requisite , that we should first speak of him , being a branch and a brother of the house of Angus , and in effect , Earle of Angus , as well as Morton , though under the name of Tutour , or Guardian . Of his marriage , we have told before , how he was married to Douglas his wife , and daughter to the Earle of Morton . She bare to him divers children ( ten as is reported ) but none of them lived long , but died all young , ere they came to perfect age . She her self became distracted of her wits , and would not company with her husband , alledging he was not her husband , but that he was Master Archbald Douglas , who was brother to William Douglas of Whittinghame , that her husband was dead , and that Master Archbald Douglas had killed him . She was kept and entertained by him as became her place , and had her residence at Tantallon , but he being deprived of her Company , loosed the rains to others , and begat three naturall Children : 1. James ( whose mother was one High in Dal●…th ) who was made Captain of Black-Nesse Castle , Priour of Plusquardain ; and afterwards became Laird of Spot , by marrying the heir thereof , Anna Hume onely daughter to George Hume of Spot . 2. His second son was Archbald , whom he provided to the estate of Pittindreigh , which belonged to his father Sir ●…rge . 3. The third son was named Master George Douglas who was lame of his feet . Thus much his Children . Touching himself , during his childe-hood and youth he lived obseurely , and lurked for fear of the King ( James the fifth ) who had banished his Father , and Uncle , caused burn his Ant ( the Lady Glames ) and had professedly set himself against the whole name of Douglas utterly to ruine , and ext●… them . We do not hear that his elder brother David did thus hide himself , or if he did , it hath not been so observed of him : but of this James , it is certainly known that all the time of his fathers banishment and exile , he lurked under the borrowed name of James the Greeve , or James 〈◊〉 : First with his Cousin of Glenbarvie , afterward , for fear of being discovered with so near a Kinsman , with some Gentleman in the more Northern parts of Scotland . And as he 〈◊〉 the name , so did he also 〈◊〉 the office of a Greeve , and over-seer of the Lands and R●… , the Corne and Cattell of him with whom he lived . Neither was this ( howsoever mean ) imployment without great use , as nothing else in providence ever is , if it be rightly observed . It fitted him for those weighty matters , which afterward he was to meddle in , and schooled him for that charge in which he was to be employed ere long . For by this meane he became acquainted with the humours and disposition of the vulgar and inferiour sort of the common people , which knowledge is usefull and necessary to greatest Governours , that so they may know how to deale with them , and manage them according as they shall have occasion . He attained also hereby such skill in husbandrie , and such perfection in oeconomy and thriftinesse , that having acquired a habite of frugalitie , he not onely repaired the decayed and shattered Estates of these two Earledomes ( Angus and Morton ) but also helped to recover , and augment the revenues of the Crown and Kingdome , more than any other Regent . So long as his uncle , father , and brother were alive , we do not hear any thing of him , neither is there any mention at all made of him , save that in the year 1547. as hath been said , after the battell at Muscleburgh , he yeelded up to the English his Castle of Dalkeeth , together with himself their prisoner , and was by them carried into England , being then about seven and twenty years of age , or thereby : How long he stayed there , we cannot affirme , but it should seeme he remained there certaine years , for during that time , he learned the Estate of that Countrey , together with the English tongue , and tone , which he did ever thereafter much delight to use . At his return , after the death of his brother David , he being Tutour , and Guardian to his Nephew Archbald Earle of Angus , finding both his own , and his pupils Estate greatly burdened with debt , he lived privately , and retired for a while with a very small retinue of his domesticks onely , neither going to Court , nor intermedling with any publick affairs , to avoid the charges which otherwise he must have undergone . Wherfore his first care was to reduce these two Earledomes to their former integritie , by frugall parsimonie in the beginning , & not to lavish out the remainder by untimely magnificence , esteeming wisely that means & money are the sinews , not onely of Warre , but also of all civill and politick actions . Now besides the burden that was on the Lands , his Nephews title to the Earledome of Angus was questionable . For if the entailement were not very strong ( as it seems it was not ) Lady Margaret Douglas Countesse of Lennox had the better right , and was before him , she being sole heir of Line to Archbald that married the Queen , and so inheritrix of Angus . It is true she lived in England with her husband Lennox , who was banished , but who knew how soon he might be recalled and restored ? Wherefore to prevent that danger , and to strengthen his Nephew and himself against their attempts hee contracts him to Monsieur D'Osels daughter , that by his means and friendship ( he being a French man ) he might have the Queens favour and good-will to uphold him against their claims . But this contract took no effect , for she was married afterward to Monsieur D'Aubespine , and Angus to others , as wee shall hear in his life . After that he had thus settled his affairs at home , he began to come abroad and to have a hand in publick businesse . In the year 1559. he with Duke Hamilton do mediate a truce between the Queen-Mother , and the Lords , from the 24. of July , untill the 10. of January . Some Writers say that he assisted , and sided with the Queen ; but it should seem that they have mis-taken the matter : for not long after , he joyned openly with those that were against her , and the French Faction ; and is now reckoned among the Noblemen that sent to the Queen of England for her aide and assistance . These were the Duke of Chattelraut , James Stuart brother to the young Queen ( afterward Earle of Murray ) the Earle of Arran ( son to the Duke ) Argyle , Glencairne , Rothes , Sutherland , Monteth , Huntley , Caithnesse , Arrol , Marshal , Montrose , Cassils , Eglinton : The Lords Ruthven , Oglebye , Ereskin , Drummond , Hume , Rosse , Creighton , Levingston , Sommervale , the whole Nobilitie almost . Their cause and their company being so good , Morton could not but take part with them : The common liberty of their Countrey against the French , and Religion was no lesse dear to him than it was to them . In matter of Religion , he was so forward , that the Book of Discipline being compiled by some appointed for that purpose , though divers refused to approve of it , and to set to their hands , yet he did it with the first , & received it willingly . Wherefore these two ( then which there is nothing dearer unto men ) being in danger , he was forced in a manner to lend his helping hand for their defence , pro aris & focis , as the common saying is . And that the rather , for that he saw there was no hope of peace , seeing the truce which he had procured till the 10. of January was not kept . For before the middle of September Monsieur La Croque , being sent out of France to certifie the Queen of the new Forces which were in levying for her aide under the leading of Marquesse D'Elbeufe her brother , she began to fortifie Leith with those French which were already in the Countrey . Not long after arrived Octavian ( a French Colonel ) with 1000. men , and immediatly followed him at the heeles La Brosse , Knight of the Cockle , with 2000. more . The next spring came also the Count Marquesse of the house of Luxemberg , afterward Duke D'Estamps , with 1000. foot , and some horse . These all remained and abode in Leith , which they had fortified ; but the Queen to secure her own Person , retired to the Castle of Edinburgh , though the Captain thereof , the Lord Ereskin , were on the contrary part . The Nobilitie assembling themselves at Dalkeeth Castle , which belonged to Morton , hard by Edinburgh , from thence do write to her , desiring that she would dismisse the French , who were forrainers , and set open the Town of Leith , that the Natives might have free recourse and commerce thither . When they could not obtain these things at her hands , the English , to the number of seven or eight thousand being already entred into Scotland , they sate down before Leith the 4. of April 1560. About the eight of June , the Queen-Mother dying in the Castle of Edinburgh , a peace was concluded , the Town of Leith was surrendered , and the French men returned home into their own Countrey . In the beginning of Winter , Morton , together with Glen●… , and Sir William Metellan of Lithington , Secretary , were sent to thank the Queen of England for her ready succour . Morton had also a private message from the Earle of Arran , sonne to Duke Hamilton , to lay out marriage to her , but it is not likely that he would deliver it , being so unprobable , and such a proposition as he knew would not be very acceptable unto her . In this journey , Morton procured of his Cousin Lady Margaret Douglas Countesse of Lennox , hèr renunciation of all claime and title she had to the Earledome of Angus , in favours of his Nephew Archbald , but being done without the consent of her husband ( Matthew Earle of Lennox ) it was renewed again afterward . The sixteenth of August 1561. Queen Mary returned out of France to her native Countrey and Kingdome of Scotland , her husband Francis the second of France , being dead before in December . The Nobilitie was still divided concerning matter of Religion , and although now having their native Princesse at home , her husband being dead , there was no great cause to fear the power or empire of strangers , yet did they suspect that she would be too much ruled and counselled by her Uncles the Cardinal of Loraine , and the Guisians . The Heads of the parties were James the Queens brother , and George Earle of Huntley , the first a zealous Protestant , and wholly bent to maintaine the received Reformation , and the other no lesse forward to reduce the Romish Religion . The Queen inclined to favour Huntleyes cause , but the Reformed Religion was established by Acts of Parliament , which had been ratified by her own consent . Huntley , as he was a craftie and turbulent man , so was he also esteemed to be by the Queen , and her uncles , who ( like unto themselves ) made but a cloak of Religion to attain his own ambitious ends and designes . Wherefore howbeit they thought him a fit instrument to bring their own purposes to passe , and made use of him , yet did they not trust him . James Earle of Murray by the contrary was sincere , upright , trustie , and faithfull in all his actions , but he ran a course directly opposite to that which they intended . The Earle of Morton entred into strait bonds of friendship with Murray , which continued so long as they lived together . They had the same friends , and the same enemies , the same ends and aimes , the good of their Countrey , and maintaining of Religion . They ran the same hazard in all perils and dangers , never separating their counsels , nor failing to aid and assist one another . Wherefore Murray being sent by the Queen against the out-lawes upon the Borders , being assisted by Morton and his friends ( who lay near unto these places ) he came to Hawick upon the Fair-day of that Town , and having apprehended fiftie of the most notorious Theeves which came to the Market fearing nothing , he did so terrifie the rest , that those parts remained peaceable and quiet for a long time after . This successe as it increased his reputation , so did it also more and more kindle the hatred and envie of his enemies . And now besides those at home , the Guisards did also plot his ruine . Their quarrell was Religion , their instrument Huntley , their hope , his power and greatnesse , which was given out to them to be rather more than it was indeed . Wherefore they write to the Queen ( their Neece ) to feed Huntley with large promises , and to entertaine his sonne John with hope of marrying her , and fair countenances , that so they might be drawn to do what she lifted , to make away Murray and Morton , with their complices . The Popes Letters were to the same effect . She had sent to him for moneys to make Warre upon those that had spoken of the yoke of Popish obedience ; and his answer was , that she should not want his help ; so that she would do it seriously , that was ( according to the Cardinall of Lorains Glosse ) so that first of all she would cause make away those whose names were given her in writing . These Letters she shewed unto Murray and the rest ; either because she suspected they had notice of them some other way , or to lull them asleep in security , that being thus perswaded of her sincerity and good meaning , they might the more easily be over-reached and entrapped . So the project goeth on ; and all things being sufficiently fore-cast , and prepared for the accomplishing of their intentions , the Queen takes her Progresse into the North. Murray behooved to accompany her , and Morton would not forlake Murray . Who can imagine that their counsels should be disappointed ? The Forces which Murray and Morton had , were very small , and they were farre from their friends , which dwelt in the south parts of the Kingdome . Huntley commanded all in those quarters , being Lieutenant and Sheriff by inheritance : and compassed about with his friends and dependers : So the Game seemed sure . But what can prevaile a gainst that which God hath ordained ? He had decreed to frustrate them , and that by themselves . The Queens intentions and Huntleys did not jumpe in all things : they had their severall ends . They agreed in their desire of being rid of those who opposed the re-establishing of Poperie , but Huntley had a further drift . He propounded to himself as the reward of his service , no lesse than the Queens Person , to be married to his sonne John , and so in effect the Crown and Kingdome . But howsoever the Queen by her carriage toward the young man , was contented they should please themselves with that conceit ; yet neither did she ever go so farre as to promise any such thing , neither was it indeed her meaning : for she desired no lesse to be rid of Huntley , and hated him much more than she did Murray , having had many proofs of his perfidious dealing both toward her father , and her mother . Besides , she thought him too great and more powerfull than was fit for a Subject , or safe for the Prince . Wherefore before she began her journey into the North , she left his sonne John in prison behinde her . The pretext was , because he had hurt the Lord Oglebie in a Skirmish on the Street of Edinburgh ; but the true cause was , that he might be kept there as a pledge of his Fathers fidelitie , and that he being absent , Huntley might not constraine her to marry him , nor force her to any thing shee had not a minde to . But John made an escape out of prison , and followed the Queen , that his absence might not bee any hinderance to the marriage . So Huntley and his son gather their Forces together to meet the Queen , and to cut off Murray and Morton , as they would have her beleeve , but their main aim was withall to compel her to marry if she should refuse . This the Queen knew well enough ▪ so that when the Countesse of Huntley did tell her from the Earle her husband , that he was ready to put in execution what had been determined , the Queen told her , that there was one thing which Huntley must needes do first of all , before any thing else were taken in hand . His sonne John had broken prison , which was a manifest contempt of her authoritie , and such a thing as she could not in honour wink at , and therefore he behooved to returne and enter himself prisoner in the Castle of Stirlin , though it were but for some few dayes , to shew his obedience and subjection to the Lawes . Huntley would none of that , for he saw that so his son should be made to answer for whatsoever should be done contrary to the Queenes liking , so there was a demurre in the businesse . In the mean time the Queen goes from Aberdene to Bawhan , the house of one Master Lestie a Gentleman , some twelve miles from the Town . This was thought a fit place to execute their designe upon Murray and Morton : but the Gentleman , though he was Huntlies friend , would upon no termes give way to have done in his house . Then the Queen went toward Strabogie ( a house of Huntleyes , where he had resolved to make an end of all ) but by the way she told the Earle , as they rode together , that unlesse his son would returne to his prison , she could not in honour go to his house . But he not condescending thereunto , though she were within sight of Strabogie , she turned another way , and went to a house of the Earle of Athols , from thence to Innernesse , where thinking to have lodged in the Castle , Huntleys servants that had the keeping thereof , shut the gates against her . Then did she perceive what danger she was in , being constrained to lodge in an open town , which had neither wall , nor rampart , nor ditch , the Countrey about being wholly at Huntleyes devotion , whose son John was in the fields with a thousand armed men , besides the countrey people , who were ready to joyne with him . Wherefore now seeing that her own safetie consisted in her brothers , having none else on whom she could relie & trust into , she began to make much of him & Morton . These two caused set a watch , and placed a strong Guard at all the entries of the town , by which means Huntleyes spies and intelligencers were taken : The next morning the Clon-chattans , with the Frasers , and Monroes , and many High-landers , understanding that their Princesse was in danger , came to her aide , and forsook Huntley . With these she took the Castle of Innernesse , and caused execute Alexander Gordon the Captain thereof , which was a sufficient testimonie of her alienation from Huntley . All this did not quail the Earle , or divert him from his purpose . His ambition spurred him on before , necessitie doth now drive him forward . He had gone too far to thinke of a retreat . Therefore he followes the Queen from Innernesse to Aberdene , watching for some oportunitie to effect his intentions . He lay not far from the town with his Companies , and had his intelligencers within it , the Earle of Sutherland , Master Loslie of Bawhan , black Alexander ( or Arthur ) Forbes . The townsmen were most of them , either of his kinred , or allied to him ; and all of them so affected , as that they neither would , or durst oppose him . But letters being intercepted , which Sutherland and Bawhan wrote to him , their plots were discovered , and they defeated of their intendments once more . Then Murray and Morton thinking it both tedious and perillous , to be alwayes on their guard , and to be defenders only , resolved to take their turne of assailing , and pursuing , if so happily they might break his Forces , and disperse them . And howbeit they had not of their own , that they could trust to above an hundred horse , yet being armed with authoritie , and the Majestie of their Soveraigne , for the safetie of whose person they were to fight , having gathered together of Forbeses and Leslies , to the number of seven or eight hundred , and hoping that albeit they inclined to favour Huntley , yet their duty and allegiance to their Princesse would not suffer them to betray her , they took the fields . These made great show of forwardnesse in conveening , and gave out great words and brags , that they alone would do all . Huntley with his men had taken a plot of ground , inclosed about with marishes , so that he was in a manner encamped Murray and Morton , with the trustiest of their Friends , retired to a little hill , to behold the issue of this Battell , committing all to those who had taken it upon them : Onely they sent some horsmen a by-way , to close up the passages of the marish , that Huntley being overcome , might not escape that way . So those boasters begin to march toward the enemie , and by the way they pluckt off the heath ( or hather ) which growes in abundance in those parts , and stuck it in their Helmets , and Head-pieces , according as it had been agreed upon betwixt them and Huntley . Wherefore , he thinking now ( these being for him ) that there was no power to resist him , came out of his Strength against them , who presently turned their backs , and came fleeing with their swords drawn , and crying , Treason , treason , as if they had been betrayed , when indeed themselves were the traitours . They had thrown away their spears and long weapons , wherefore Murray and Morton , though they were astonished at the first sight of these hather-topped traitours , who came running toward them , with Huntley at their heels , yet they took courage , and resolved to stand to it . For as they were about to save themselves by flight , and were calling for their horses , William Douglas of Glenbarvie , ( who was afterward Earle of Angus ) requested them to stay ( as is reported ) saying , No horses , my Lords , we are strong enough for Huntley , and these men , though they flee , yet will they not fight against us . Wherefore let us present our pikes and spears to keep them out , that they come not in amongst us , to break our ranks , and the rest will prove easie . This advice was liked , and followed , so that Huntley expecting nothing lesse , than to finde resistance , and being destitute of long weapons , was forced ( some of his men being slain ) to give ground , and at last to flee as fast as before he had followed the counterfeit fleers . Then the Hather-tops perceiving that Huntley fled , turned upon him , and to make amends , slew most of them that were slain that day , which were some hundred and twentie , and an hundred taken prisoners , amongst whom was Huntley himself , and his sonnes John , and Adam . The Earle being an aged and corpulent pur●…ie man , was stifled with his armour , and for want of breath in the taking . Some say , that he received a stroke on the head with a pistoll , but it seemes to be false : for it is reported , that when Huntley saw his men routed , he asked of those that were by him ; what the name of the ground was upon which they fought , and having learned that it was commonly called Corraighie , he repeated the name thrice , Corraighie , Corraighie , Corraighie , then God be mercifull to me . The name of the place put him in minde of a response or oracle ( if we may so call it ) which was given by a Witch in the Highland , to whom he had sent to enquire of his death , and she had told , that he should die at Corraighie . But whether the messenger , or he himself mis-took the word , he understood it of Creigh , a place which was in his way to Aberdene , and which ( riding thither ) he alwayes did shunne , by reason of this Sooth-sayers speech ; or if at any time he did adventure to go by it , he was sure to be well accompanied , and to have the fields cleared and curried before . But this event discovered his mistaking . It was also told him by some of the same profession , that the same day , on which he was taken , he should be in Aberdene , maugre those that would not so , neither should one drop of his bloud be spilt . This seemed to promise him a successefull journey ; but the ambiguitie thereof was cleared by his death : for he was indeed that night in Aberdene , being carried thither upon a paire of creels , or panniers , and that against the will of all his friends , who would not have had him brought thither in such a guise . Neither did he lose any bloud , but was choak'd for want of breath . Such are commonly the answers of such spirits , ambiguous , and of no use to the receivers ; yet mens curiositie is so prevalent , that posterity wil take no warning of former examples . Murray being glad of this so-unlooked-for-victory , sent to the Ministers of Aberdene , to be ready against his coming , to go to the Churches , and give God thanks for that dayes successe : which they did very solemnely , and ( no question ) heartily , as men are wont to do while the memory of a great delivery is yet fresh in their mindes . The next day John Gordon ( the Earles son ) was execute , and his brother Adam was pardoned in regard of his youth . George the eldest brother fled to his father-in-law Duke Hamilton , and afterward being arraigned & condemned of high treason , he was sent prisoner to the Castle of Dumbar : Who doth not see through this whole journey , but especially in this catastrophe , an over-ruling power and providence doth either willingly shut his eyes , or else hath his understanding blinded by partiality or prejudice . Five severall times ( at Bawhan , at Straboggie , at Inner-Nesse , at Aberdene , and last of all , at Corraighie ) did Huntley attempt to cut off these men , who were many degrees weaker ; and five times is hee disappointed . And that neither by their wisedome or strength , but by him who confounds the wisedome of the wise , and who delivers without the help of the arme of flesh . Neither were they delivered onely , but their enemies were also taken in the trap , and fell into the pit which they had digged for them . Let men observe it , and let them learne not to confide in their own ( never so seeming wisely grounded ) projects , lest they be thus disappointed as Huntley was . This fell out in the year 1562. After this they returned with the Queen to Edinburgh , where we will leave them in rest , and so in silence a year or two . In the year 1564. Matthew Stuart Earle of Lennox returned into Scotland after 22. years exile , and was restored to his estate in a Parliament . Not long after , his sonne Henry Lord Darnely , having obtained leave of the Queen of England for three moneths , came to do his duty to the Queen as his Princesse and Kinswoman . Hee being a proper and handsome young man , and her Cousin Germane by his mother , Lady Margaret Douglas , the Queen began to think him a fit husband for her , and ere long did propound the matter to the Nobilitie , craving their consent and approbation thereto . They were divided in their opinions . Hamilton and Murray were against the match , fearing alteration in Religion , he being a Romane Catholique , as the Queen also was . Besides , they thought it not fit to conclude any thing without the Queen of Englands consent . Morton was for it , and thought it great reason that shee should have her libertie in her choyce of a husband . He liked also the party , being his near Kinsman , the Lady Margaret Douglas and he being brothers children . Wherefore having endeavoured to draw those that stood against it to be of his opinion , when he could not prevaile , he professed openly he would do what lay in him to set it forward ; and speaking to the Duke and Murray , It will be long ( sayes he ) ere you two agree on a husband for her , if she marry not till you do , I fear me she marry not these seven years ; and so he left them . The rest bound themselves to withstand it . Her Uncles of Guise did also oppose it , intending to bestow her on some forraine Prince , so to strengthen themselves by some great alliance . The Queen of England did not so much dislike it , as she desired to have some hand and stroke in it . Notwithstanding all this opposition the marriage was consummate the 27. of July 1565. about some six moneths after he came into Scotland . Whatsoever the motives were that induced the parties thus to hasten it , so it pleased God in his wisedome and providence , to dispose of things that by joyning of these two , this happy conjunction of the two Kingdomes which we now see and enjoy , should spring from them without all controversie or question . The eldest daughter of King Henry the seventh of England , Margaret , had but two children ; James the fifth by King James the fourth , and Margaret Douglas ( born at Harbottle ) by Archbald Earle of Angus her second husband . James the fifth left behinde him but one childe , Mary , sole heire to the Crowne of Scotland . Lady Margaret Douglas , being brought up with her Uncle Henry the eight , was married to Matthew Stuart Earle of Lennox , who being banished , and living in England , had by her Henr●… , Lord Darnely , and Charles , father to Arabella . So that by this marriage of Queen Mary to Henry Lord Darnely , the whole right that was in Queen Margaret to the Crowne of England ( failing the heires of King Henry the eight ) was combined and united in the persons of these two , and their off spring . What eye is so blinde as not to see evidently the hand of the Almighty in this match ? In taking away her former husband ( the King of France ) in bringing her back again into Scotland ; in sending Lennox into England , there to marrie Lady Margaret Douglas , in bringing him and his sonne ( Henry ) home again after 22. years absence , and in moving Queen Mary to set her affection on him . I make no question but this consideration ( of strengthening the title to England ) hath been amongst the motives that drew on this match , though we finde none , or very slender mention thereof in our writers . The next day after the marriage , they were proclaimed with sound of Trumpet at the Market-Crosse of Edinburgh by a Herauld , Henry and Mary , King and Queen of Scotland . This was ill taken both of the Nobility and Commons . A King made by Proclamation ! The voice of a Herauld to be in stead of a Parliament ! King Francis , her former husband had not done so ; he had sought a matrimoniall Crowne from the three estates , and hardly obtained it , after he had been refused at first , yet not without consent of a Parliament . But by this it appeared they made no account of the estates , nor bare no respect unto the customes of the Kingdome . Every man thought it a great neglect and derogation to their priviledges , but the male-contented called it , a tyrannicall usurpation . Thus many of the Nobility being discontented withdrew themselves , and the want of their presence and countenance in guiding of affaires , did alienate the people . The principall male-contents were Hamilton , Murray , Argyle , Rothuse , Glencairne . Against these the King goeth to Glasgow with 4000. men . They lay at Pasley ; and though they were together , yet they were not all of one minde . The Hamiltons would not hear of any peace , alledging there could be no true and firme reconciliation with Princes once offended . The rest were not of their opinion : they said that matters had been hitherto carried without bloud ; neither were their differences such , but that they might be composed without stroke of sword ; especially in regard that there were some about their Princes , that would both mediate their peace , and endeavour to have it faithfully kept , The constant practice of their Predecessours , and the rule they had ever followed had been this ; To passe by , and not to take notice of the secret and hidden faults of their Princes , and to salve those things which were doubtfull by a favourable and charitable construction ; yea even to tolerate and beare with their open faults and errours , as far as might be , without the ruine of the common wealth ; of which nature they esteemed these slips in government to be proceeding from their youth , and want of experience , which might be redressed by calme and fair means . Duke Hamilton himself did like of their moderation , but the rest of the Hamiltons refused to assist them upon these terms ; wherefore they departed all of them , save the Duke , with some sixteen that attended his Person . By this departure they were so weakened , that not daring to abide the Kings coming , they went first to Hamilton , and the day following toward Edinburgh , but being shot at from the Castle , they took their way through Bigger to Dumfreis , to the Lord Harris , who had desired them to do so , and had made them many faire promises . But he failing them , they dismissed their Troupes , and fled into England . All this way the King with his Companies dogged them at the heeles , whereupon it was called , the Runne-away Rode ( or runne-about ) and , the wilde-goose chase . The King returned to Edinburgh in the latter end of October . All this while the Earle of Morton took part with the King and Queen , but he was suspected to favour the other side , which he did indeed so farre , as to wish that the matter might be so taken up , that none of their lives were endangered . Otherwise he was in a good place , and Chancellour for the time . But these male-contented Lords being thus removed , his house of Tantallon was seized , that it might not be a receipt and place of refuge for the Rebels , if they should happen to take it : But the true cause was , Rizio ( commonly known by the name Signior David ) had put the King and Queen in some jealousie of Morton ; the occasion whereof was this , This Italian ( or Pied-montoise ) was of a Musician , risen to such favour , that he was become Cabin-Secretary to the Queen ; and Sir William Metellan ( Secretary of estate ) finding himself prejudiced by him , who had encroached upon his office , as also out of the love he bare to Murray ( to whom Rizio was a professed enemy ) bethought himself how to be rid of him . Wherefore he appointed a meeting with Morton , and the Lord Harris , in which he used all the perswasions he could to induce them to cut off that base stranger , who took upon him to disturb the Countrey , did abuse the Queens favour , and set all in a combustion , to the dishonour of the Prince and Nobilitie ; telling them , that it belonged to them , and such as they were , to have a care that such disorders were not suffered unpunished . And the more to incite them thereto , he alledged the examples of former times , omitting nothing which he thought might move them to undertake it . But Morton ( as the Proverb is ) was as wise as he was w●…ely : He told him flatly , he would take no such violent course , he would do what he could by fair meanes for Murrays peace and restitution : but as for that way , it would o●…d the Queen highly , and therefore he would not meddle with it . Metellan seeing that he could not draw him to it by perswasion , casts about how to drive him to it by necessity . He betakes himself to Rizio , m●…es shew as if he were very desirous of his friendship , and proffers him his 〈◊〉 so farre as he was able . After he had so insinuated with him , that he began to have some trust with him , he told him that the place he had ( to be the Queens Closet-Secretarie ) was neither gainefull , nor usuall in this Countrey , and that he might easily come by a better : The Lord Chancellours office ( sayes he ) is the most honourable , which is in Mortons hands , a man no wayes fit for the place , as being unlettered and unskilfull . Do but deal with the Queen to estrange her countenance from him , as one th●… savours Murray a Rebell , and with the King to insist in his right to the Earledome of Angus , Morton will be glad to sue to you for your favour , and to obtain your friendship ; will be content to demit his place of Chancellour in your behalf : Onely ; in regard that the place ( being the chief office in the Kingdome ) must be possessed by a Scottish Nobleman , you must first be made a free Denizan , and naturalized , and have the title of an Earle , which the Queen may conferre upon you of her self . This Metellan thought would incense Morton against Rizio , and force him to do him a mischief . Rizio began to follow this advice , in so much that the Castle of Tantallon was summoned , and delivered into the Kings hands . Likewise the King entred heir to his Grandfather Archbald Earle of Angus . The Queen also intending to create Rizio an Earle , would have bought Melvin Castle with the Lands belonging thereto for the first step of his preferment , but the owner would by no meanes part with them . And it is very probable , that he would have prosecuted the rest of the Plot , if he had not been interrupted , and dispatched before he could bring it to passe : for his credit increased so farre with the Queen ; that like too big a Saile for a small Barke , he was not able to bear his good fortune , but being puft up therewith beyond measure , he forgot his duty to the King , and carried himself so insolently toward him , that the King resolved to rid himself of him upon any terms . So he imparts his minde to his friends , that Rizio must needs be made away . Those whom he first acquainted with his purpose , were George Douglas ( commonly called the Postulate ) a naturall brother of his mothers , an understanding and active man ; the Lord Ruthven who had married a naturall sister of his mothers , and the Lord Lindsay , who was his Cousin German , and had to wife a sister of the Earle of Murrayes ; and his own father the Earle of Lennox . These had concluded to lay hold on him as he came from the Tennesse-Court , where he used much , but he having gotten some inkling hereof , kept a Guard about him of some fifty Halbards , which constrained them to think of a new course . And because their power was neither sufficient to effect it , nor to bear it out when it were done , they thought good to joyne the Earle of Morton . He being somewhat alienated , and discontented with the Kings insisting in his claime to the Earledome of Angus , they sent to him Andrew Ker of Fadunside , and Sir John Ballindine Justice-Clerk to deal with him , who prevailed so farre , that he was content to come to Lennox Chamber where the King was . There they came soon to an agreement , the King and his father for themselves , and undertaking also for Lady Margaret Douglas ( whose consent they promised to obtaine , and that she should renue and ratifie what had been done by her self before ) renounced all title , right , interest , or claim they had or could make to the Earledome of Angus in favours of Archb●…ld sonne to David , sometime Earle thereof . Having obtained this , he consented to assist the K. with all his power on these conditions . 1. That nothing should be altered in the received Religion , but that it should be established as fully , and in as ample manner , as it was before the Queen came home out of France . 2. That the banished Lords should be brought home and restored . 3. That the King would take the fact upon himself , and warrant them from whatsoever danger might follow thereon by the Queens displeasure . These Articles were given him in writing to subscribe , lest afterward out of his facilitie or levitie he should either deny it , or alter his minde , which he did very willingly , and even eagerly . Prosently hereupon Lennox went into England to acquaint the banished Lords herewith , and to bring them near to the Borders of Scotland , that when Rizio were slaine , they might be ready to lay hold of the occasion for their restitution . And now the day of the Parliament drew near , in which they were to be forfeited ; and Rizio did bestirre himselfe notably to bring it to passe . He went about to all those that had vote in Parliament , to trie their mindes , and to terrifie them , by telling it was the Queens pleasure to have it so , and that whosoever voted to the contrary should incurre her high displeasure , and no waies do any good to the Noblemen . This made them hasten his death , to prevent the sentence which the Parliament might have given out against the Lords by Rizio his practises . Wherefore that they might take him , when his Guard was from him , and that it might the more clearly be seen , that the King was the chief author of it , they determined to take him along with them , who should bring him out of the Queens Chamber , from when●… he should be carried to the City and have his triall by assise , and so legally and formally ( for they had matter enough against him ) condemned and executed at the Market-Crosse of Edinburgh . So Morton assembled his friends , and going to the Abbey of Halyroodhouse ( the 8. of March 1566 ) in the evening , he seized the Keyes of the Palace , and leaving a sufficient number in the Inner-Court below , to keep in the Noblemen that were lodged in the Palace , and were not on the Plot , he himselfe went up to the presence , and there walked up and down . The King went directly to the Queens Chamber by the privie staires , and with him the Lord Ruthven , and some five more all armed . The Queen was at supper , and there was with her , her naturall sister the Countesse of Argyle , and Rizio with some few other servants . She was at first somewhat amazed to seethem come into her Bed-Chamber being armed ; but because the Lord Ruthven had been sick of a burning fever , she thought he had been distracted with the vehemencie of the fit , so she asked what the matter was . Ruthven made no answer , but laid hold on Rizio , and told him it did not become him to be in that place . He ranne to the Queen , and clasped his hands about her to save himself , but the King taking her softly in his arms , told her they had determined to punish that villaine ; who had abused both them and the Countrey ; and withall unclasping Rizio his hands , he delivered him to Ruthven , who carried him from thence into the Privie-Chamber , and then to the Presence . In the mean time the Earle Bothwell and Huntley ( who were opposite to this course ) being lodged in the Palace , and hearing how things went on the Queens side , would have made resistance ▪ by the help of the under-officers of Court , Butlers , Cooks , Skuls and suchlike , with Spits and Staves , but they were quickly rambarred , and beaten back by those that had been left of purpose in the Court by Morton . So Huntley and Bothwell fled out at backwindowes . Athole was perswaded to keep his Chamber by Secretary Metellan , who was on the Plot , and supped that night with Athole , partly to keep him from stirring , lest he might have offered or suffered violence ; partly and chiefly that he himself might not be suspected to have a finger in the Pie , having Athole to be a witnesse of his behaviour therein . He had given order to his followers , that they should remaine quie●… till it came to be acted ; and that then they should arme themselves , and runne hastily , as it were to an unknown and sudden fray and tumult , but if there were need , to assist Morton and those that guarded the Court. The noise of the scuffling which Huntly and Bothwel made below in the Court , coming to the eares of those that were above in the presence , and had Rizio in their hands ; they not knowing what it might import , but fearing that he might be rescued from them , they fell upon him , and stabbed him with their daggers , sore against the will , and besides the intention of Morton , and the rest of the Noblemen , who thought to have caused execute him upon the scaffold , so to have gratified the common people , to whom it would have been a most acceptable and pleasant sight . It is constantly reported that he was advised by one 〈◊〉 ( a French Priest , who was thought to have some skill in the black Art ) that now he had gotten good store of means and riches , it was best for him to return home to his native Countrey ; where he needed not to feare the Nobilitie of Scotland ; whose hatred he could not be able to stand out against long ; but he contemned his counsell , saying , The Scots were greater threatners , than doers . They say also , that one Signior Francese admonished him to carry himself more soberly , and not to irritate the Nobilitie ; for as he understood they bare him no great good will , and would not faile to do him some mischief one time or another ; but he answeredhim in Italians , Parole , parole , all was but words , he feared them not , they were no body , they were but like Ducks , which if some of them be stricken down , the rest will lie in . To whom the other replied , Take heed you finde them not rather like Geese , of which if you stirre but one , all the rest will flie upon you , and so plume you , that they will leave you neither Feather , nor Down . So when he was desired by some Diviner , or Sooth-sayer , to beware of the Bastard , he said , That Bastard should not have power to do much hurt in Scotland , so long as he lived ; understanding it to be spoken of Murray , who was Bastard-brother to the Queen . But the Bastard that slew him , was George Douglas ( as is the most received opinion ) who stabbed him with the Kings dagger ; having none of his own then about him . This brought Morton into great trouble ; for the next day being the day of the Parliament , the banished Lords compeered in the Parliament-House , as they had been summoned , where finding no accuser ; now that Rizio was gone , the Parliament was deserted , and the Queen reconciled unto them , intending to use their help against the slayers of Rizio . Wherefore she went first to Seton , then to Dumbar , where she assembled a sufficient number of men , so that Morton , Ruthven , and their partners , were fain to flee into England , but some of them lurked in the High-lands . Their Goods were confiscated , their places and Offices disposed of to others . Their friends , who were no wayes accessarie to that fact , were committed to prison . Sir David Hume of Wedderburne , onely because he was Mortons kinsman , was sent first to Dumbar , then to the Ken-moore in Galloway . It is true , it was his brother-in-laws house , and Loghen-varre was indeed a loving brother , yet was it farre from home , neither was he set free without bail to re-enter when he should be required . Thus were the dice changed . Morton was at Court , when Murray and his complices were banished : now they are in Court , when he and his associats are dis-courted , and forced to ●…e . He had favoured them , but had not joyned with them : they favour him , but think it not good to take part with him . Yet had they more reason to do it , for his fact had wrought out their Libertie , theirs had made him to be suspected . But whether they would not , or could not do him any good , or that they thought the time was not fit , and a better time was to be expected , the King ( who was the chief authour and first mover of it ) having forsaken him , he was constrained to with-draw himself into England , as we have said . There he did not remain long in ease and quiet , for about the beginning of May , the Queen sent Master John Thornton ( Chanter of Murray ) desiring that he and the rest , might not be suffered to harbour within the Queen of Englands Dominions . She sent the same Thornton also to France with the like message , but it needed not , for they never meant to go thither . Queen Elizabeth sent one of her servants ( William Killigrew ) and by him promised to cause them voide her Realme before Mid-summer . It was so done in shew , they were warned to depart , and did depart from Newcastle , abstained from conversing in publick , but they lurked privately in a place not far from Anwick . No search was made for them , and the Messenger had whispered them in the ear , when he commanded them to be gone , that England was broad and wide . Before they came from Newcastle , he lost his good friend the Lord Ruthven , whom God called to his rest in mercy . Thus was he banished from Scotland , England , France , and Ireland , yet did he lurk still in England . But he lurked not long ; for matters were in brewing at home , which gave occasion to his returne . The Earle Both well was now become the Queens favourite , all men followed him , all preferment came by him . His thoughts were high , his ambition no lesse than to injoy the Queen , if she were free from a husband . To bring this designe to passe , she was content to forget all private quarrels with Morton , and he presumed that Morton being abandoned of the King , and ingaged to him for his return and restitution , as also being led with hope of his further goodwill , to gratifie him in any thing that might be procured from the Queen , would be induced either to become his friend , or at least not to be his enemy , nor to raise , or to side with any Faction against him ; which he esteemed a great point , & of much importance . There was amongst Bothwels followers , one M. Arch. Douglas , a brother of the house of Whittingame , by his mediation all former quarrels were taken away on both sides , & Mortons peace procured from the Q. on condition he should not come within a mile of the Court. This restraint he reckoned to be rather beneficiall , than hurtfull to him ; seeing that by that mean , he should be the farther off from whatsoever should happen amisse . Wherefore being returned before the Q. was brought to bed of her son James the 6. ( which was the 19. of June 1566 ) he becomes a spectatour , beholding a farre off what would be the issue of things . To sit on the shoare , & to behold others at sea tossed with winde and wave , though it cannot but stif our pity and commiseration in common humanity , yet when we reflect upon our selves , and consider how happy we are that are on firme land , free from these fears and dangers , the joy and contentment we have in our own safety , doth swallow up the former consideration of anothers danger . So it was with Morton , he saw what a fearful tragedie was like to be acted at court , but not being able to hinder it , he chose to keep at home . He was the Kings kinsman , yet could he do him no good , having had experience of his weaknes and inconstancy in his forsaking of him , after the killing of Rizio . He was beholding to Bothwell for his restoring , and therefore bound not to oppose him , in honesty and dutie he could not aid nor assist him in such courses . Wherefore he useth the benefite of his confining , and becomes a looker on . To declare the estate of those times , and to dilate it , let them do it that can delight to blaze the weaknesse of those , whom they ought to love and honour , and who have that task imposed upon them , by whatsoever necessitie . For my self , neither am I any way necessitated thereunto , neither could my soul ever delight in the reproach of any . I wish I could cover the sins of the world , they should never be uncovered , or known , but where necessity did require it , that so they might be taken away by order . My endeavour should rather be with the blessed sons of Noah , to overspread , with the mantle of silence and oblivion , the nakednesse of those to whom we owe even a filial dutie & pietie . Concerning that Princesse , my heart inclineth more to pitie ; I see good qualities in her , and love them : I see errours , and pity them : I see gentlenesse , courtesie , humilitie , beautie , wisedome , liberalitie ; who can but affect these ? If they be carried to inconvenience , who can but lament it ? In that sex , in that place , in that education , in that company : a woman , a Princesse , accustomed to pleasure , to have their will , by Religion , by sight , by example , by instigation , by soothing , and approbation . Happie , yea thrice happy are they who are guided through these rocks without touch , nay , without shipwrack . I do advert more than I finde set down by Writers , while I search into all the causes which might have drawn on these lamentable events . Besides the secret loathings in the estate of marriage ( which who knows but the actors ? ) bringing forth dislike , then quarrels on both sides , then crossing & thwarting , then hatred , then desire to be freed ; besides all this , impotencie , and desire of revenge , being seconded with shew of reason , and backed with a colour of law and justice ; what wil it not do ? Her husband had killed a servant of hers , whom he had dragged violently out of her bed-chamber . Behold him therefore ( as Lawyers , or such as pretended skill in law would alledge ) guiltie of death in their judgment . He was not crowned , but proclaimed King only by her sole authority , never acknowledged by a Parliament , so was he but a private man , & a subject to her his Soveraigne , as are the wives and children of Kings . Wherefore his Fact ( in slaying Rizio ) was flat treason , for which he might have bin arraigned , and suffered according to law . But bearing the name of a King , & having many friends and kinred , a legall proceeding could hardly be attempted without great difficulty , and might have caused an insurrection , and much bloud-shed with uncertain event . Wheresore in wisedome the most convenient way was to do it privatly and secretly ; secret justice , is justice notwithstanding ; formalities are but for the common course of things . This was an extraordinary case . Justice is absolutly necessary , the form ( whether this , or that way ) is indifferent , it may be altered , or omitted ; the Princes power may dispense with forms in case of necessitie or conveniencie , so the substance be observed . Well , I conceive that a Prince upon such suggestions , upon dislike , in anger and indignation , might be drawn by his counsellours , neither can I but conceive , that these colours have been here represented to perswade , or to sooth . To be short , that fact so lamentable , and ( which I can never remember without lamenting ) every way in her own , and her husbands person , done by the Earle Bothwell , he murdering her husband , she marrying him , the matter seemed extreame strange and odious in the eyes of many . It is true , Bothwell was cleared , or rather not filed by an Assise ; but the Nobilitie judging him not to be sufficiently cleansed , but rather being fully perswaded that he was the authour of the murder , thought themselves bound in duty to bring him to a further triall And howsoever he had married the Queen , yet did they not take themselves to be so farre bound in obedience to her , as in that regard to desist from all further inquiring into that Fact. Nay , it did rather move their indignation to see him who had committed so vile and execrable a murder , not onely to escape Scot-free , but to reap so large and rich a reward , as was the Queens own person . Besides , they thought the consequent might prove dangerous , if he who had massacred the father , and married the mother , should also have the son ( the onely barre and lett of his ambition , to establish the Crown to himself and his posteritie ) in his power and custodie . These were given out as the causes of their taking arms , which were very plausible to the vulgar , especially the safetie of the young Prince James . There is no question , they had also their own particular respects , which are seldome wanting , and do commonly concurre with the publick cause : wherefore there joyned together the Earles of Argyle , Glencairne , and Marre , the Lords Lindsay and Boyde . These bound themselves to pursue Bothwel , and to assist one another against whosoever would oppose them , especially to keep the young Prince from coming into Bothwels power . But Argyle repenting him , went the next morning to the Queen , and revealed all the matter , and the Lord Boyde also was at last perswaded with many fair promises , to forsake them , and joyn with Bothwell . The rest notwithstanding remained firme , with whom Morton took part . He thought he could do no lesse , being so near a kinsman to the late King , and so to the young Prince . It is true , he had been beholding to Bothwell , but no benefit could binde him to assist him in this case : for by so doing , he should have given some colourable ground to that report , which had so spred it self , that it was beleeved a while about the Court of England , that Murray and he were authours of the Kings murder . To have remained neutrall , would have been but ill taken on both sides . The Lord Hume , Cesford , and Balcleugh , though they had not subscribed with the other Lords , yet did they hate Bothwell , and were suspected to incline to the contrary Faction . The year preceding , Bothwel had made an in-rode upon Liddisdale , for the suppressing of theeves , and apprehending of out-lawed Borderers with bad successe , for he was wounded , and hardly escaped with his life . This year he resolves to repair his honour , and by some notable exploit , to gain the good-will of the people , which that he might the more easily do , the chief men of the name of Scot , and Ker , who were likely to ●…inder him , were commanded to enter into prison in the Castle of Edinburgh , and there to remain till his returne . But they fearing some worse meaning , went home to their houses . The Lord Hume also being summoned to enter , would not obey . Notwithstanding Bothwell goeth on with his intended journey , and so the Queen and he come to Borthwick Castle , there to make all things ready for this expedition . The adverse party thought this place was not unfit to surprize him in it : and therefore they appointed their Rendezvous at Liberton , whither Morton onely came . The Earle of Athole ( whither through his naturall slownesse or fearfulnesse ) by his not keeping that appointment , caused the rest to break also , and to stay still at Stirlin . The Lord Hume in hope to have been seconded , went directly to Borthwick , and lay about the Castle , but seeing no appearance of their coming , he kept such negligent watch , that the Queen and Bothwell escaped , and went back to the Castle of Dumbar . The Lords thus frustrated , went to Edinburgh to practise the Citizens there , and to draw them to their side , which they easily effected . The Castle was kept by Sir James Belfoure ( whom Bothwell had made Captain thereof , and who had been his intimate friend , and pr●…vie to all his secrets : But upon some distaste or distrust , Bothwell had sought to put him out of the place ; which he finding , had made himself full Master thereof : and he was now entred in termes of agreement , and capitulation with the Lords to put it into their hands , but had not yet concluded and transacted with them . There were in the City at this time of the other party , John Hamilton Bishop of S. Andrews , the Earle of Huntley , and the Bishop of Rosse John Lesly . These when they heard that the Lords were come into the Citie , came forth into the Street , hoping the Citizens would assist them and help them to expell the Lords ; but when they saw that few or none did resort to them , they fled to the Castle , where they were received ( the Captain thereof not having as yet agreed with the Lords ) and some few dayes after were let out at a posterne , and so escaped . In the mean time the Queen had sent abroad to assemble her forces . There came to her out of Lowthian , the Lords Seton , Yester , and Borthwick , small Barons , Waughton , Basse , and Ormeston . Out of the Merse , Sir David Hume of Wedderburne , with his Uncle Blackader , notwithstanding their Chief the Lord Hume , and his Cousin German Morton , were on the other side . Besides these , they had 200. hired Souldiers under the leading of Captain Anstrudder , mounting in all to 2000. and 500. with these they set forward from Dumbar , with intention to go to Leith , that so they might be nearer the enemy , and lose no opportunity of taking advantage of them . A wrong course ; and ill advised : Whereas if they had but stayed a space in the Castle of Dumbar , the Lords not having sufficient forces to assault them there , nor Ordnance , or any other necessary provision for a seige , had been constrained to disperse themselves , and retire home to their own houses . Which if they had done , they might easily have been overthrown being separated and scattered , before they could have joyned their forces again . But there is a directour of all things , who had not ordained that Bothwell should prosper in his wayes ; which fell out also by his own temeritie , and the counsel of Master Edmond Hay ( his Lawyer ) who is said to have advised him thus , alledging that the Lords neither would nor durst abide their coming , but would presently flee upon the first noise of their approach ; and that if they did but once shew themselves in the fields , the Commons would all come flocking to them . But it fell out clean contrary , for neither did the people concurre with them ( because they hated Bothwell ) and the Lords having once taken Arms , were enforced by necessity to fight for their own safety . Their number was about some 2000. most part Gentlemen of good quality and ranke ; of the which , the chief were Morton , Marre , 〈◊〉 , Glencairne , Montrose ; the Lords , Hume , Lindsay , Ruthven , Semple , and Sanwhere ; Small Barons , Cesford , Drumlenrigge , Tillebardine , Grange . They had no Artillerie , neither any Musketiers , save a few from Edinburgh . They caused to be drawn on their ensignes , the late King lying dead , and his young son the Prince James sitting on his knees , with his hands heaved up to Heaven with this Motto , Judge and revenge my cause , O LORD . While they were in Edinburgh , word was brought to them about midnight , that the Queen and Bothwell were come to Seton and Salt-Preston , within six miles of them . Whereupon they made haste , and having armed , went speedily toward Muscleburgh , lest the enemie should seize the Bridge and Foords of the River which was within two miles of Preston . So having passed it without disturbance a little after the Sun-rising , finding that the enemy did not stirre , they took their refreshment , and broke their fast at leasure . Not long after , those whom they had sent before to currie the fields , and to give notice what the enemie was about , having perceived a few horsemen without the village ; drove them back again , but not daring to follow them for fear of some ambuscade , could learne nothing else , save that the enemie was ready to march . Hereupon the Lords also began to set forward toward them , and being now without the Towne of Muscleburgh they perceived the enemy , ranged in order of battell all along Carburie hill , ready to encounter them . The hill was steep , and the ascent difficult on that side , wherefore they turned a little to the right hand , where they might with more ease and lesse disadvantage ascend , the hill being there much plainer ▪ and the ground more levell . This deceived the enemy , who seeing them turn aside , supposed they had fled to Dalketh , which belonged to Morton , and lay on that hand . But they being come where they would have been , set their men in order , having the Sun on their backs , and in the face of the enemie , which was no small advantage , for the day was exceeding hot , being the fifth of June 1567. besides , the Townes-men of Dalkeeth did furnish them sufficiently with drink , together with other villages that lay on that hand . But on Bothwels side it was not so , there was no such alacrity and readinesse in the people to supply them ; no foresight in themselves to provide , no chearfulnesse in the Army , but most of them wavering between their duty to the Queen , and their suspicion of Bothwels guiltinesse . Yet did they not offer to forsake her , neither would they have done it for any thing we hear of , if Bothwell durst have stood to it . But his self-accusing conscience , struck his minde with such terrour and dread , that knowing what he had deserved , he judged other mens mindes to be accordingly affected toward him ; and seeing head made against him beyond his expectation , he began to doubt of the fidelity of those that were come to take part with him . Especially he distrusted Sir David Hume of Wedderburne , in regard of his friendship and Kinred with the Lord Hume , and Earle of Morton . Wherefore he moved the Queen to ask him whether he would abide constantly by her , and performe his part faithfully . He answered freely , that he was come to serve her , as his Soveraigne out of duty , and in sincerity , which he would do to the utmost of his power , against whomsoever , without respect of whatsoever friendship or kindred with any . Blackader said the like , and added withall , speaking to Bothwell , I wish my Lord , you stay as well by it , as we shall . That which made them the more to fear Sir David was , because a servant of his , as he went to drink at a well not farre from the enemie , was taken , and brought to Morton , who hearing whose man he was , dismissed him , and bade him tell his Master from him ; That if he were the man he should be , he alone might put an end to that dayes work , which is like enough he might have done , if either he would have revolted to the Lords , or forsaken Bothwell , and gone home . The rest of the Nobles and Gentlemen being in like manner exhorted by the Queen to fight valiantly , promised that for their own parts they would do it faithfully , but they said , the hearts of the common Souldiers were averse from Bothwell ; and thought it more reasonable that he should adventure his own Person in his own quarrell for maintaining his innocency , than that either her Majestie , or so many of her good Subjects should adventure or endanger their lives for him . But if she were resolved to trie the hazard of a battell , it was her best to deferre it till the next day , that the Hamiltons , who were on their journey , might joyne with them . As they were about to joyne battell , the French Ambassadour ( La Croque ) would have mediated a Peace , and came to the Lords , promising to obtain their pardon at the Queens hands for what was past , and that none of them should ever be called in question for their taking Armes against her , so that they would now lay them down , and proceed no further : Morton made answer , that they had not taken Armes against the Queen , but against Bothwell , who had murthered their King , whom if her Majestie would be pleased to abandon , they would quickly make it appear , that they desired nothing more than to continue in all dutifull obedience and allegeance to her , as became Loyall Subjects ; but so long as Bothwell remained unpunished , they could not in duty and conscience be so forgetfull of their late King , as not to avenge his murther . La Croque not being able to perswade them , retired to Edinburgh . All hope of peace and agreement being cut off , Bothwell being jealous of his Souldiers , and either intending in good earnest to fight , or for a Bravado , sent a Trumpet to the Lords to declare his innocency , in confidence whereof , if any would accuse him , and stand to his allegation , he was ready to maintain his cause against whosoever would attach him , in Duel , and single Combate . There were two of the Lords faction that undertook to make it good against him , William Kirkadic of Grange , and James Murray brother to Tilliberdine ; but he rejected these as not being his equals , and Peeres , he being an Earle , and they but Gentlemen onely . Wherefore he challenged Morton by name . He accepted of the challenge , and appointed the Weapons two-handed Swords , and to fight on foot . But the Lord Lindsay stepping forth , besought Morton and the rest , that for all the service that ever his Predecessours , or himself had done , or could do unto the country , that they would do him that honour as to suffer him to undertake that Combate ; which he said did also duly belong unto him , in regard of his nearnesse in bloud to the defunct King. They condescended , and Bothwell having nothing to accept against him , they prepared on both sides . Morton gave Lindsay the Sword which had been Earle Archbalds ( called commonly Bell the Cat ) wherewith he cut asunder Spenses thigh , as is shewed in his life . With this ( which Lindsay wore ever after ▪ ) and a buckler , as the manner then was , he presents himself before the Army , to attend Bothwels coming . But the Queen would not suffer him to fight , and interposing her authority , commanded him to desist . Then she sent a He●…auld to the Lords , requiring them to send Grange to her , that she might conferre with him , and that in the mean time the Army should stand quiet . While the Queen did Parley with Grange , Bothwell ( as it had been fore-plotted ) conveyes himself secretly out of the Army , and fled to Dumbar . When the Queen had talked so long with Grange , as that Bothwell had time enough to escape , and be out of their reach , free from all danger of being overtaken , she went with him to the Lords ; and desiring them to suffer her Army to depart in safetie ( which they easily granted ) she dismissed them . Then she requested , that she might go to the Hamiltons , who were not farre off , at Corstorphing , to give them thanks for their good will , promising faithfully to return , whereupon she desired Morton to passe his word , and be suretie for her . A strange request for her to ask in such a case ; farre stranger for them to have granted , or for Morton to have undertaken that which lay not in his power to ▪ see performed . Bothwell had escaped to their great grief and discontentment ; the Queen onely remained , the pledge of peace , and foile of their enemies , who wanting her did want a head . Therefore her suite was denied , and she brought to Edinburgh . There a consultation was held , what were fittest to be done with her . Amongst great diversitie of opinions , Morton would by no means yeeld to have her life meddled withall , desiring onely that some such course might be taken , as that the professed Religion might not be prejudiced , and that they themselves might be secured from future danger . Yet there were some that pressed the matter very hard against him , alledging that there was no possibilitie , either to preserve Religion , or secure themselves , so long as she were alive . Promises were to no purpose , and of no value . They might be easily eluded , as proceeding from a just fear , and compulsion , as they would call it . And to imprison her were no better ▪ seeing there would not want a party ere long to set her free . And though there were no party , yet she her self might use means to escape , and others might help her ; yea , without all these , time and occasion would work her delivery . Nay some went so far with him , as to denounce GODS judgements against him , as a hinderer of the execution of justice , which he himself should feele upon his own person , because he would not give way to it in the person of another . For it is but justice ( said they ) else if it be unlawfull , so is this detaining of her unlawfull , and whatsoever we have done is unlawfull , and flat treason . All this notwithstanding , Morton would not consent unto it , but made answer , That howsoever they had gone thus farre being drawne to it by necessity , for the preservation of Religion , the good of their Countrey , their own honour and credit , and even led by nature to look to their own safetie , yet they ought not to meddle with the life of their Soveraign●… . To secure themselves , it was sufficient to have her kept in some place of suretie and strength , which he thought even too much , if he could see any other remedie . And so it was concluded , that shee should be sent to Logh-leven , there to be kept by William Douglas owner thereof , a very honest Gentleman , and who had sided with neither Partie . And although the same matter was agitate again , while she remained in Logh-leven ( the 25. of August , at a solemne meeting of the Estates , after Murray was come home , and had accepted the Regencie ) and many did incline to have her executed , ( some out of zeal to Religion , and love of Justice , as they deemed it ) some out of love to the Hamiltons , ( who by her death would be but one step from the Crown ) yet Morton stuck to his former opinion and resolution : Shee was no sooner committed , but some began to plot her deliverie ; supposing that undoubtedly she would get out at last by one mean or other , they strove to anticipate her favour , and make her beholding to them for that which could not faile to come to passe . Neither did they fear the consequent , if once she were set at libertie , for they made no question to make their partie good . The authoritie was hers , time would make the peoples heart to relent and fold to their naturall Princesse ; the Faction that was against her , was the weaker ; and diversitie of opinions would bring forth division amongst them . Of those that sought her favour , Sir William Metellane Secretarie was one . His dis-like and hatred of Bothwell , had made him joyne with the Lords : being now rid of him , he returned to his old byas again , and bent his course toward her . But not daring to do it openly , he wrote privately to her , and assured her of his good-will , and promised his best endeavour to serve her ; and that howsoever his power were none of the greatest , he shewed that he might prove steadable to her by the Apologue of the Lion , which being taken in a net , was delivered from thence by the help of a Mouse , that did shear the net , and cut it in pieces with her teeth . Morton did constantly prosecute the course begun , with great courage and wisedome , over-coming all difficulties before the Earle of Murrays returne ( who had gone to France in the beginning of these stirres ) which were neither small , nor few . His Associates found them moe than they had expected . They had promised themselves the approbation of all men , and that all would joyne with them , at least , the best affected . It fell out otherwise ; time diminished envie , change of their Princes estate begate pity , fear of the event kept aloof ; doubt of dutie restrained some , and desire of rest and securitie , others . So that no new Forces came to them ; but on the contrary , some of their own side forsook them , and went to the other ; new hopes not onely cooling , but even changing their affections . Wherefore they were much perplexed , and had it not been for Morton , they had quite deserted the cause . But he perswaded them to keep together at Edinburgh , and to write to the other Lords that were assembled at Hamilton , to desire them to come to Edinburgh , that so they might consult together what were fittest to bee done for the good and peace of the Kingdome . But they would neither receive Letter nor Message , saying , It was great presumption in them to have possessed themselves of the chief City , and to offer to send for them , and not to come to them , who were ( so they thought ) the stronger , and had the better cause . The others to give them satisfaction in that point , caused the Ministers of Edinburgh to write to them jointly , as also severally to their particular friends and acquaintance , both to excuse that which they took exception at , ( which they told they had done , not because they did challenge or claime any preeminence or prerogative to themselves beyond them , or for any other cause , save onely the conveniencie of the place for both parties to meet in ) and withall to exhort them , that in so perillous a time , setting aside all particular respects and quarrels , they would have a care of the common good of the Countrey . But these Letters prevailed no more than the former . Yet though they would not concurre with them , they did nothing against them ; whether because they were not able ( they being within the town of Edinburgh ) or , because they did not agree among themselves , or that they wanted a Commission , and a sufficient Warrant from the Queen , they dissolved , and returned every man to his own home . This their attempt to have kept some forme of meeting and Parliament in the Queens name , admonished the Lords to take away that which would beare greatest shew against them , the Queens authoritie . Wherefore they deale with her to resigne it to her sonne , which she was very loath to do ; yet at last shee consented to it , and having subscribed a formall renunciation and dimission : shee made also , and signed a Procuration , or Letters of Attourney , to cause crown her sonne at Stirlin , or where they pleased . She named likewise his Curators , Murray ( if he would accept of it at his returne ) failing him , these seven ; The Duke ( Hamilton ) Lennox ( the Childes grandfather ) Argyle , Morton , Glencairne , Marre , and Athole . It was presently put in execution , for within two dayes ( the 26. of July ) the Prince was crowned at Stirlin , being then thirteen moneths , and eight dayes old . Morton and the Lord Hume took the Oath for him , that he should observe the Laws , and maintain the Religion then professed . Master Knox made the Sermon , the Coronation was also performed by him , and two Super-intendents . Having gained this point , they had now this advantage of the others , that not only were their enemies deprived of the countenance and colour of authoritie , but they themselves were armed therewith . And thus they remained till Murrays returne , who at first would not accept of the Place , which by the Queens direction was reserved for him , but being pressed by the rest , that they might have an established and certain Head , he yeelded to their requests , and took the Place and charge of Regent uponhim . From this time forward , Murray being Regent , according as did belong unto his place , hee was chief Commander in every thing ; yet was hee assisted by Mortons faithfull counsell and advice , who did also many times supply the publick wants with his private meanes , in times of greatest necessitie . Especially when Bothwell was to be pursued , who having put forth to sea , and being turned Pirate , lay about Orknay , robbing all that came in his way , without fear of being followed , knowing wel that there was no money in the treasurie ( he himself having emptied it ) to rig out any shipping against him . Then did Morton on his own charges provide Vessells , hire Mariners and Souldiours to go out after him . This was the fruit of his good husbandrie , and the good use he made of his parsimonie and menagerie . Grange was sent Admirall , who came so suddenly upon him , that he had well-nigh taken him before he was aware , yet he escaped in a light Pinnace over a craig in the sea , with such hazard , that it is thought to have grazed upon it . The Lion which followed after , being a Ship of greater bulk and burden , and which drew more water , stuck fast upon it , so that the men were constrained to betake themselves to their Cock-boat . The Bishop of Orknay ( Bothwell to his name , who was father to the Lord Haly-rude-house ) was last in the Ship , and seeing the Boat loosing , called to them to stay for him ; but they being already sufficienrly laden , would not hear him . He seeing no other remedy , leapt into the Boat , having on him a Corselet of proof , which was thought a strange leap , especially not to have over-turned the Boat. Thus the men were all saved , and the Earle Bothwell sailed to Denmark . There being examined what he was , and whence he came : when he did not answer clearly and distinctly , he was cast into prison , and having lien there ten years , at last he died mad . The 15. of December , a Parliament was held at Edinburgh , where most part of the Nobilitie were present , and amongst others , the Earle of Huntley , which when the Queen heard of , she said , Bothwell might as well have been there , as he ; meaning that they were both alike guiltie . In this Parliament , the Queens resignation of the Crown , the Kings Coronation , and Murrays Regencie were confirmed , their Fact was approved that had taken the Queen at Carburie , and William Douglas was authorized to keep her still in the Castle of Logh-leven . Things being thus settled , the Regent being acknowledged of all , and his authoritie ratified , Religion established , & the fear of Bothwel removed , they seemed to be in great suretie , yet were they never lesse sure ; for these very things which seemed to make them strong and sure , were the causes of change , for many did envie the Regent , some hated Religion , and others there were , that being rid of Bothwell , applied themselves to the Queen , whom only out of hatred to Bothwell , they had forsaken . Of the last sort was Secretary Metellane , of the second Tillebardin , who had also some particular against the Regent , which Writers do not specifie . The Hamiltons were of the first Rank , who thought themselves injured by him , and esteemed his Office due to them , together with Argyle , whose mother and Huntley , whose wife was of the house of Hamilton . These had some hopes from France , where Beton Archbishop of Glasgow , lay as Lieger for the Queen , and fed them with faire promises of men and money . Yet they carried things very closely , and made shew of friendship to those of the Kings side , till such time as the Queen escaped out of Logh-leven , by the means of George Douglas brother to William of Loghleven , and to the Regent also by his mother . This George had corrupted a naturall brother of his who was often trusted by William with the Keyes of the Castle . One day William being at dinner , this man desired the Keyes of him ( as he had done divers times before ) to let out the Queens waiting Gentlewoman ; and having gotten them , he let out the Queen her self in her Gentlewomans apparell , and masked . He also went out with her , and having locked the Gates , threw the Keyes into the Lake , and rowed the Queen over in the Boat to the Lake side , where George and Tillibarne were staying for her with nine horse onely . Our Writers say , it was without the mothers knowledge ; but others affirme , that she had a hand in it , being moved with pity and commiseration to see her Princesse in such estate ; and upon the Queens promise to preferre her sonne George , and pardon her other friends that were on her contrary faction ; amongst which we hear no mention of Murray . Morton also was left out ; onely it was agreed upon that his forfeiture should not prejudice their right to the Earledome of Morton . This fell out the second day of May 1568. She went that night to Nidderie , where by the way the Lord Seton , and John Hamilton of Orbiston did meet her : and the next day they went to Hamilton with 500. horse . The Regent was then at Glasgow , keeping of justice Courts . When these news were brought to him , some counselled him to go to Stirlin , where the King was , and where he would be the stronger . But William Douglas of Drumlenrig , not having the patience to stay till it came to his turne to speak , and before his opinion was asked : If you do so my Lord ( sayes he ) I will get me straight to the Queen , as Boyde hath done . For Boyde indeed was gone to her , with intention ( as he would have made them beleeve ) to play Husha's part ; for he wrote back to Morton by his sonne , that he would be more steadable , and do them better service being with her , than if he should remain with them . There is a Proverb , a foot backward , a mile backward , a mile a million , and so never forward : Whereby is signified , that there is much moment in the beginnings and first efforts , and great danger in recoiling , and letting slip the present opportunitie . So thought Drumlenrig , and the Lord Semple also was of his minde . Morton did confirme their opinion , and reduced at large how necessary it was for them to stay still in Glasgow , shewing that it was their best to make all the haste they could , & that their safetie did consist in celeritie ; in regard that so soon as it were known that she was at libertie , the opinion of her authoritie and name of a Queen would daily draw more and more followers to her : especially seeing the most remote parts of the Kingdome were most affectionated to her service . We are enough here ( said he ) together with the Towns men ( who being enemies to the Hamiltons , we need not doubt of their fidelittie ) to keep this place , and make it good against them . The Cunninghames and Semples ( potent families ) are hard at hand , and so is the Lennox , the Kings own patrimonie : Neither is Douglas-dale very farre off , nor Stirlin-Shire , and the Earle of Marres Forces . These will suffice to oppose the enemie till such time as our friends that dwell further off , be advertised . Mortons judgement was respected , and his opinion followed ; whereupon messengers were immediatly dispatched , and sent into Lowthian , and the Merse , and other parts which lay farre off , to give them notice of their danger , and of their intentions ; and to desire them to make all the haste that possibly they could to come to their aid , and assistance . The first that came was the Lord Hume with 600. horse the ninth of May ; upon his arrivall , they intended to go directly to Hamilton , and dare the enemie , and force him to fight . But that same night ( ere morning ) word was brought them , that they were gathering their forces , and mustering their men to take the fields ; for having gotten together 6000. men , and knowing by certain intelligence , that they were not above 4000 with the Regent , confiding in their number , they purposed to carry the Queen to the castle of Dumbartan , where she remaining in a place of safety , they might manage , and prosecute the warre according to their pleasure ; and either use expedition therein , or draw it out at length , and linger as they should see cause , and finde it most for their advantage . The Regent ghessing what their aime was , led also his armie forth into Glasgow-Moore , supposing they would have gone that way : but when he saw them on the South side of the river of Clide , he made haste , and crossed the river at the Bridge and Foords , to be before them in their way . I have heard it reported by those that live thereabout , that the Queens Souldiers did essay to passe the river , and come to that side where the Regent was , but one or two of the foremost being slain by his men , the rest refused to go on with such hazard and disadvantage , and therefore they took the way of Rutherglem , which leads to Dumbartan . The Regent perceiving their intent , commanded the horsemen to hye them quickly to Langside Hill ; which they did , and the rest of the Army followed them so fast , as that they were all got thither , before the enemie understood their meaning . Two things made for the Regents advantage ; one was Argyles sicknesse , who being overtaken with a sudden fit of an Epilepsie , or Apoplexie , the Army halted , and thereby gave the Regent time to choose his ground , though he came a further way about . The other was , their confidence in their number , and despising of the small number of their enemies , who were indeed fewer than they , yet were they moe than they were aware of . For having marched over hils and dales , they never had a full view of them to know their number aright and perfectly . When they came within a little of the hill , perceiving that it was already taken by the Regent , they retired to another little hil just over against it , where they drew up their Companies , and put their men in order . Argyle was Lieutenant , and led the Rere-ward . With him there was the Earles of Cassils , Eglinton , and Rothuse , the Lords Seton , Somervaile , Yester , Borthwick , Sanwhere , Boyde , and Rosse , with divers Gentlemen of good quality . The Vant-guard was committed to Claude Hamilton of Pasley sonne to the Duke , and Sir James Hamilton of Evendale , consisting most of Hamiltons , together with their friends and followers . James Stuart of Castleton , and Arthur Hamilton of Mirrinton , were Commanders of the Musketiers , which were some 300. The Lord Harris commanded the horsemen , which were most part Borderers , dependers and servants to his brother the Lord Maxwell . The Regent did likewise divide his men in two battels , the Vant-guard was conducted by Morton , with whom were the Lord Hume , and Semple . The Regent himself was in the Reer , and with him Marre , Glencairne , Monteith , the Lord Ruthven , Ochletree , and Kirkart , with the small Barons of the Lennox , and the Citizens of Glasgow . The horsemen were committed to William Douglas of Drumlenrig , and Alexander Hume of Manderston , and John Carmichell of Carmichell . They were inferiour in horse , and therefore upon the first encounter they retired , and fell back to the footmen , who made out to succour them , and drave back the enemies horse by the means of the High-Landers , especially who bestowed a flight of arrowes amongst them , and so galled them , that they could no longer endure it . The Queens Vant-guard coming to joyn battell with the Vant-guard of the enemy , marched through a narrow Lane , near unto which the Regents shot were placed in the Yards , Gardens , and Orchards of the Village of Langside so conveniently , that they being at covert did annoy the enemie , and shoot at them as at a mark without any danger , or hurt to themselves . In this Lane many were slain before they could get through ; and having passed it they were assaulted by Morton very fiercely with Pikes and Speares , and other long Weapons on both sides of the Lane. They fought very eagerly a while , in so much that when their long Weapons were broken , being so close together , that they could not draw their Swords , they fell to it with Daggers , and Stones , and and what so came readiest to hand . In the midst and heat of the fight , Mackfarlane with his High-Landers fled out of the last Ranks of the Regents Companies ( as our Writers say ) but indeed it was from this wing where they were placed , as I have heard it of those that were present . The Lord Lindsay , who stood next to him in the Regents own battell , when he saw them go away ; Let them go ( saith he ) and be not afraid , I shall supply their place : and withall stepping forward with his Company , charged the enemy afresh . Their long Weapons being broken , and themselves well nigh overcome before , they were not able to sustaine a new impression , but turned their backs , and fled . The Regent and his Squadron stood still and kept their Ranks and places , till they saw that the victory was clearly theirs , and that the enemy did flee disorderly ; then they also brake their order and followed the chase , in the which moe were killed , than in the fight ; and that most part by the High-Landers : who seeing that their side had the day , returned and made great slaughter to make amends for their former fleeing . There were many wounded , and many taken , but 300. slain , who had been many moe , had not the Regent sent horsemen throughout all quarters with command to spare the fleers . There were taken of note , The Lord Seton , and Rosse , Sir James Hamilton , the Sheriff of Aire , and Linlithgow with others . On the Victors side one man onely slain , John Balonie of Preston in the Merse , a servant of Mortons : few hurt , the Lord Hume with a stone on the face very ill : and Andrew Stuart Lord Ochletree , by the Lord Harris . The Queen , who stood as a spectatour about a mile off , seeing the field lost , fled away with the Lord Harris , and his horsemen . For after he was repulsed by the Regents Vant-guard , and the High-Landers , he went to her , and stayed by her . From thence she fled to England , suspecting the Lord Harris his fidelitie . Some do reckon amongst the causes of this victory , a contention which fell out between John Stuart , and Arthur Hamilton , two Captains of the Queens Musquetiers , who that morning before they set out , strove for precedencie , and the matter being referred to the Queens decision , she adjudged it to Stuart for the names sake and because he had been sometime Captain of her Guard. Hamilton took this so ill , that when they came neare to the enemie , he cryed out aloud , Where are now these Stuarts that did contest for the first place , let him now come and take it . The other hearing him , answered presently : And so I will , neither shalt thou , nor any Hamilton in Scotland set his foot before me to day : whereupon they rushed forward unadvisedly , and were followed as inconsiderately by Claude Hamilton of Pasley , with the Vantguard , which was the occasion of their disconfiture . The battell was fought the 13. of May , eleven dayes after the Queen came out of Logh-leven . The Regent returned to Glasgow , and after publick thanksgiving for the victorie , and mutuall congratulation , the rest of the day was spent in taking order with the prisoners . Morton sought to have had the Lord Seton in his keeping , but he was withstood by Andrew Ker of Fadunside , whose prisoner he was , whether out of fear of hard dealing towards him , or lest he should lose his thanks in saving of him , wherefore Morton modestly desisted . The day after they went into Cliddesdale , and cast down Draphan , and some Houses that belonged to the Hamiltons . Afterward there was a day appointed for a Convention of the Estates at Edinburgh , for staying of which the other faction did use all possible means . They caused rumours to be spread of some help to come out of France ; which had come indeed under the conduct of Martige ( of the House of Luxemburg ) but that the Civill Warres at home made him to be called back again . The Earle of Argyle came to Glasgow with 600. horse , and had some conference with the Hamiltons , and others of that faction , but they not agreeing , he went home again and did nothing . Huntley also with 1000. men was coming toward Edinburgh , and was on his journey as farre as the water of Erne ; but the Bridges and Foords being guarded by the Lord Ruthven , he went likewise home again . Last of all they procured Letters from the Queen of England , in which she desired that they would delay the meeting till such time as she were informed of their proceedings , and justnesse of their cause , why they took Arms against their Queen her Cousin , of whose wrongs she behooved to take notice , and be sensible . It was hard to offend her , but harder to suffer their adversaries to gain the poynt they aimed at , which was in the Queens name , and by her authoritie to keep a meeting , and to forfeit all those who were on the K. side , having already appointed a day for that purpose . Wherefore they go on with their Convention , and punish some few for example to terrifie others . And for suppressing the daily incursions of the Niddisdale , Anandale , and Galloway men , they raised an Army of 5000. horse , and 1000. Musketiers ; which expedition , because it was memorable for the extreame scarcitie of victuals when they came to Hoddam , was called , The Roade of Hoddam : They set forth from Edinburgh the 11 of June , and returned thither againe the 26. The chief thing that they did in that journey , was , that they seized the houses of Bog-hall , Crawford , Sanwhere , Logh-wood , Hoddam , Logh-Maban , and Annand . Logh Maban is a house of the Kings , and was then in the Lord Maxwels keeping : but now being surrendred , Drumlenrigge is made keeper of it , who was also made Warden of the West Marches . Assoone as the Regent was gone from thence with his Armie , Maxwels folks , who had hidden themselves in some secret corner of the Castle , turned out Drumlenrigges men , and re-possessed themselves thereof again . Logh-wood belonged to Johnston , Hoddam to the Lord Harris , and the rest to their severall Lords and Owners , which were all spared , on hope of their promised obedience : Onely Skirlin was razed , and Ken-Moore , a house of Loghen-varres , who was obstinate , and would not yeeld upon any condition . The Regent and Morton sent Sir David Hume of Wedderburne to him , who was brother to his wife , but no entreatie nor threatning could prevail with him , or move him to submit himselfe : When they threatned to pull down his house , he said , They should by so doing save him a labour ; for he meant to take it down himselfe , and build it up again better : Which was performed on both sides : for it was cast down ( the 16 of July ) and he did afterward re-edifie it much better . Many yeelded , divers stood out , of whom there came a thousand within a mile of the Regents Camp. Who were their heads , is not mentioned , but as yet Maxwel , Johnston , Loghen-varre , and Cowehill were not come in ; and whether it were any of these , or some other , we have not learned . Morton and the Lord Hume with a thousand horse went out against them , but they were gone before they came neere , and fled to the Boggs and waste Marishes . In their return , at Peebles they received Letters again from the Queen of England , wherein she renewed her former request to them , that they would send some up to her to inform her of the equity of their cause . The Regent himselfe undertakes the journey , with whom went Morton , Lindsay , the Bishop of Orknay , Master Pitcarne Abbot of Dumfermeling , Sir William Metellan Secretary , Master James Mackgill , Master Henry 〈◊〉 , and Master George Buchanan . The Queene having heard their Justification and Defences , made answer , That she saw nothing for the present to object against their proceedings , yet she desired them to leave some of their company behinde , to answer to such things as might be objected afterward by their Queens Ambassadours . While they are there , Duke Hamilton came over out of France , and desired the Queene of England to cause Murray give over the Regents place to him , being ( as he alledged ) his due , seeing he was next heire to the Crowne . But the Queen perceiving that he intended to make some stirre , and to raise new troubles in Scotland , commanded him to stay , and not depart till he were licensed . The Regent with his company was dismissed , and returned into Scotland the 2 of February . Within a while after , the Duke returned also , being made Lieutenant for the imprisoned Queene , and adopted to be her father . He sent forth his Proclamations , commanding that no authority should be obeyed , but his , which no man would obey : And that none might fear him , the Regent went to Glasgow with an Armie , and there Hamilton came ro him , and promising to acknowledge the King and Regents authoritie , he gave pledges to be kept , till such time as he should do it , prefixing a day when he would come in . When the day was come , he came to Edinburgh , and began to shift , and desire a longer day , while he might have the Queens consent . Then being asked what he would do if the Queen would not give her consent ; he answered , that he would do nothing , and what he had done already , he had done it out of fear . Hereupon he and the Lord Harris were sent to prison in the Castle of Edinburgh . The next to be taken order with , were Argyle , and Huntley . Both had been busie in the Regents absence , but not alike . Argyle had onely showne himself in the fields , but had done hurt to no man. Huntleys case was worse , he had vexed the Mernes and Angus , made Lieutenants about the water of Dee , and behaved himself in all things as if he had been King. After much debate , Argyle was onely made to take an oath , that he should be obedient in time coming , and Huntley was also pardoned , save that he was ordained to make satisfaction and restitution to the parties who were robbed and spoyled by him and his followers . For the performance of which , the Regent and Morton went to Aberdene , Elgin , and Inner-nesse , with two Companies of Harquebusiers , and Musquetiers , where having received hostages and sureties of Huntley , they returne to Perth , to hold a Convention of the States . Thither were brought two Packets of Letters from the two Queens . The Queen of England made three Propositions . First , that the Kings Mother might be restored to her former Place and Crown . Secondly , that if they would not yeeld to that , yet that her name might be used in all Writs , and joyned with her sonnes , and that the Government should continue in the Regents hands . The third & last was , that if none of these could be granted , she might be suffered to live a private life , as another subject , with as much respect and honour as could be given to her , without prejudice of the King. This last was accepted , the rest rejected . Queen Mary in her Letters desired , that the Judges might determine of her marriage with Bothwel , and if it were found to be unlawfull , that they would declare it to be null , and pronounce her free from him . To this they answered , that they saw no reason of such haste . He being absent , and out of the Countrey beyond sea , the laws allowed him threescore dayes ▪ after he was summoned at the shore and Peer of Leith ; before which time were expired , the Judges could not give out any sentence . But if she had such a minde to be rid of him , her shortest cut were to write to the King of Denmark , to execute him for his murder and Piracie . The reason why they would not have her marriage with Bothwel dissolved , was , to hinder her matching with the Duke of Northfolk , who would not adventure upon uncertainties ; & he could not be sure , so long as her marriage with Bothwel stood firm ; he being alive , & no legal divorcement had bin yet obtained . So they thought by this dilator , they would gain time , & time might work out some better effect than did appear for the present . For the Regents friends in England had written to him , That Northfolks Plot and the Queens , was so laid , so strong and cunningly conveighed , that no power , wit , or wisedome was able to resist it ; yea , though all the rest of Brittain would oppose it , yet he remained steadfast , and sent to the Queen of England one of his Domesticks , to acquaint her with Queen Maries Petition , and their answer . But she not being satisfied with the Bearer , Robert Pitcarne ( Abbot of Dumfermling ) was sent to her from a Convention holden at Stirlin for the nonce . About the very same time that he came to London , the Duke of Northfolke was committed to the Tower ( the 11. of October ) and the conspiracie discovered , the partie still remaining so strong , that she not daring to meddle with Queen Mary , was purposed to have sent her into Scotland by sea ; but things beginning to settle , she altered that resolution . Now in confidence of this so strong a partie , Secretary Metellane had taken himself to that side , and stirred up all he could against the Regent . He had so dealt with the Lord Hume , and Grange ( Captain of the Castle of Edinburgh ) that he had brought them over to that party . Hereupon he is sent for to Stirlin , whither he came , and brought along with him , the Earle of Athole to intercede for him , if need were . There Thomas Crawford ( afterward Captain Crawford ) a follower of the Earle of Lennox , accused him of being accessarie to the late Kings death ; whereupon he was committed to a close chamber in the Castle . Sir James Balfoure ( one of his Complices ) was also sent for , and the Convention were of opinion , that both of them should be used as enemies to the King , and guiltie of treason . But the Regents lenitie marred all ; he pardoned Sir James , and sent Metellane to Edinburgh , to be kept by Alexander Hume of North-Berwick . Grange counterfeiting the Regents hand , brought a Warrant to Alexander , to deliver Metellane to him , which he did ; and so Grange carried him up to the Castle . After this , the Regent went to the Merse , and spake with the Lord Hume , whom he found to be alienate from the Kings side , and inclined to the North-folcian Faction . From thence he went to Jedburgh , where Morton and others came to him . He past with them to Hawick ( the 20. of October ) and from thence he rode through the whole Dales ; he riding on the Scottish side upon the Borders , and a Company of Englishmen on the English side , that they might not flee from one side to another , nor any of them escape . He lay two nights at Cannabee , one at Copshae-holme , two on the water of Milke , and so came to Dumfreis . In this circuite he constrained the Borderers to put in pledges and hostages ( to the number of 72. ) for keeping of the peace and good order , whereby he gave great contentment to the whole Countrey , and gained great reputation and admiration , even of his very enemies . He returned to Edinburgh before the 21. of November , the day appointed for the triall and arraignment of Secretary Metellane . There finding that he had assembled so many great men that were for him ( Hamilton , Huntley , Argyle , and others ) he adjourned the arraignment , and deferred the judgement . That Faction was now become very powerfull ; many were fallen off from the Regent ; many had joyned themselves to the North-folcians , relying mainly on the Dukes power . And although he were now committed , yet the Faction held good , and the plot went on . The Earles of Northumberland , and Westmerland , with six thousand Foot , and two thousand Horse , came with displayed Banner to Durham , and there burnt the Bible and Service-Book , heard Masse in Darnton , and besieged Bernard-Castle , which was rendered upon composition . But being pursued by the Earle of Warwick , with an Army of twelve thousand , and Sussex with another of seven thousand men , they were forced to flee into Scotland about the 22. of December , and put themselves into the hands of theeves that lived on the Scottish Border , with whom they abode and lurked a while , but not very long . For Morton dealt with one Hector Arme-strang , by Sir John Carmichael , and got the Earle of Northumberland into his hands , and delivered him to the Regent ; hee sent him to bee kept in Logh-leven a prisoner , being an enemie no lesse to him and the Kings side , than to Queen Elizabeth . This made her give the better ear to Robert Pitcarne , Ambassadour from the Regent , and to desist from requesting any more , that Queen Mary might be restored again to her former place and estate . Shee declared also , that she took that which the Regent had done very kindely in pacifying the Borders , apprehending Northumberland , and imprisoning of him , pursuing Westmerland and his Faction , as enemies , his offering his best aid and assistance to her Captains and Governour of Berwick . She promised to be ever mindefull of these his good offices , and good-will shewed towards her , and that she should be readie to aid him when he should need ; yea , that he might use and command all the Forces in England as his own . Thus by the over-throw of the English Rebels , by the favour of the Queen of England , and the love of his Countrey people at home , the Regent was more strengthened , and the Kings side became the more powerfull . His adversaries therefore seeing no other remedie resolved to cut him off , and make him away by treachery . James Hamilton of Bothwell-hawke , ( one whose life the Regent had spared before , when he was taken prisoner in the field bearing arms against him ) under-took to kill him . Wherefore having watched his opportunitie , when the Regent was at Lithgow , he placed himself in a house there , by which the Regent was to passe as he rode out of the town , and shot him with an Harquebuse out at a window ; the Bullet whereof , after it had gone through the Regent , killed the Horse of George Douglas of Park-head , a naturall brother of the Earle Mortons . This fell out the 21. of January 1569. The Regent finding himself hurt , alighted from his horse , went to his lodging , and died ere midnight . Bothwell-hawke , who had done the deed , having mounted upon a horse which hee had ●…nding ready for him of purpose , escaped untaken . He was much lamented of all , but especially of Morton , who had best reason to be sensible of this losse , seeing by his death the common cause did want a main pillar and supporter thereof ; and the Kings side which he followed , was deprived of a sufficient and able leader . He himself also had lost a dear friend , with whom he had so long entertained honest and faithfull friendship , and who had borne so great a part of that heavie burden , and weight of State affairs with him . For now the whole burden of guiding the Kingdome and managing the State lay upon him almost alone , and that even in the time of the two succeeding Regents , for the space of some three years , or thereby . They indeed bare the name , and the authoritie , but he was the man by whose advice and counsell , by whose travels and paines both of body and minde , yea and upon whose charges also ( often times ) most things were performed , till at last he himself was chosen Regent , and did then all things alone without a helper . This was well known to all , and was plainly spoken in the time of Lennox his Regencie . A staff under a Hood ( so they termed Lennox . ) Morton rules all . Yet was it not so altogether , neither was Lennox so devoide of judgement , but behaved himself very well , very judiciously , courageously , and courtiously ( even in Mortons absence ) in the taking of Pasley and Dumbartan , and in his courteous usage of the Lady Fleming , who was within the Castle of Dumbartan . Onely because matters seemed to rely most upon Mortons good advice , action , and means ; the ruder interpreters made that hard construction of it , as if Morton , because he did much , had therefore done all , as commonly men are wont to judge and speak . And it is very true that is said of Lennox in that Epitaph of him , famam virtute resellit . Yet it cannot be denied , but that even while Murray was Regent , Morton did very much ; and though he were not equall with him in place and dignitie , for there was but one Regent , yet he was such a second as might well be esteemed a yoke-fellow both in consulting and performing , being a partaker with him in all perrils and burdens . So that of all that is set down here of Murray , Morton was ever an equall sharer , and may justly challenge the one halfas his due . And therefore it is that we have been so particular , and insisted so long in Murrayes actions , because of Mortons perpetuall concurrence with him in all things , and his interest in every businesse . Wherefore we hope it will not be thought impertinent to our Historie thus to have handled them , although Morton were not the sole actor , since he was a prime and maine one . For whoso will rightly consider , shall finde that saying to be true of these two , which Permenio said of Alexander and himself ( Nihil Alexander absque Permenione , multa Permenio absque Alexandro ) being applied to Morton . For Morton did many things without Murray , but Murray nothing without Morton . And thus it went even when Murray was alive , when all acknowledged his authority . Now he being dead , many swarved , many made defection ; and , as if they had forgotten what they had promised , became open enemies . The Kings party was weakened , the adverse party strengthened both by forrain and home-bred power . Fear might have terrified him , ease sollicited , honour and profit allured him to have left it , and joyned with the other side . But he shrinks not for any perill , hatred , or envie , for no pains or travell to be sustained , no case or security could allure him , no hope of favour , of riches , of honour could move him to abandon it . Which doth evidently justifie , and clear him of all the imputations which the wit of man can devise , or imagine against him . Whether it be that he conspired with Murray to make him King : he was now dead , and that hope with him : Or if it be any particular end and aime of his own , what appearance is there that he could have any private end , which he followed forth with certain danger , and uncertain event , or profit ? For clearing of which , let us weigh the parties , and the forces and meanes at home and abroad on both sides . First there were of the Queens side Duke Hamilton , Argyle , Athole , Huntley , almost all pettie Princes in their severall Countries and Shires . Also the Earles of Crawford , Rothuse , Eglinton , Cassils , the Lord Harris , with all the Maxwels , Loghenvarre , Johnston , the Lord Seton , Boyde , Gray , Oglevie , Levingston , Flemin , Oliphant , the Sheriff of Air , and Linlithgow , Balcleugh , Fa●…hast , and Tillibardine . The Lord Hume did also countenance them , though few of his friends or name were with him , safe one meane man , Ferdinando of Broom-house . Metellan the Secretarie ( a great Polititian ) and Grange an active Gentleman , who was Captain of the Castle and Provest of the Town of Edinburgh ; they had the chief Castles and places of strength in their hands , Edinburgh , Dumbartan , Logh-Maban . France did assist them , Spain did favour them , and so did his Holinesse of Rome , together with all the Roman Catholiques every where . Their faction in England was great , all the North-folcians , Papists , and male-contents had their eye upon Queen Mary . Neither was she ( though in prison ) altogether unusefull to her side : for besides her countenance , and colour of her authoritie ( which prevailed with some ) she had her rents in France , and her Jewels , wherewith she did both support the common cause , and reward her private servants and followers ; especially they served her to furnish Agents and Ambassadours to plead her cause , and importune her friends at the Court of France , and England ; who were helped by the banished Lords , Dacres , and Westmoreland , to stirre up forraine Princes all they could . Thus was that partie now grown great , so that it might seeme both safe , and most advantagious to follow it . The other was almost abandoned , there were but three Earles that took part with Morton at first ; Lennox , Marre , Glencairne . Neither were these comparable to any one of the foremost foure . In Fyfe there was the Lord Lindsay , and Glames in Angus , no such great men , and no wayes equall to Crawford , and Rothuse . The Lord Semple was but a simple one in respect of Cassils , Maxwell , Loghenvarre , and others . Methvaine in Stratherne a very mean Lord ; Ochletree amongst the meanest that bare the title of a Lord , and yet Kirkart was meaner than he , both in men and means . Neither was Ruthven so great , but that Tillibardine , and Oliphant were able to overmatch him . They had no Castles but Stirlin and Tantallon , which belonged to Morton . The commons indeed were very forwardly set that way , but how uncerraine and unsure a prop is the vulgar ? England did befriend them some times , but not so fully as they needed ; and even so farre as did concern their own safetie . So that when all is duely considered , we shall not finde any ground for one to build on , that would seek nothing else , but his own private ends of honour or preferment . Wherefore it is no wonder if Secretarie Metellane , and Grange ( men that sought themselves onely ) did joyne with that partie which was likest to thrive and prosper , in all discourse of reason and humane wisedome . Neither can any man think that Morton did aime at his own greatnesse , or that it was out of any self-respect that he followed the other partie with such disadvantage , if we will acknowledge that he was a wise and judicious man. And therefore if we search with an unpartiall eye , what could have been the motives that made him cleave so stedfastly to this cause , we shall finde them to have been no particular of his own , nor any thing else besides the equitie and justnesse thereof ( as he conceived ) his love to the young King , as his King and Kinsman , together with the preservation of Religion , and the welfare of his Countrey , which he thought did stand , and fall with this quarrell and cause . This in all likelihood hath been his minde ; which whether it was right or wrong , let them dispute who list : our purpose is onely to shew so farre as may be gathered by discourse of reason , what it was that did induce him to follow this course . Now although he had bent all his power and endeavours this way ; yet there lacked not some who did blame him , as not zealous enough to revenge Murrays death . His brothers Uterine ( Loghleven , and Buchain ) craved justice against the murtherers ; so much the rather , for that he was not slain for any private quarrell or enmitie , but for the publick defence of the King and Countrey . When it came to a consultation , some were of opinion , that those who were suspected , should be summoned to appear against a certain day , according to custome , and order of Law. Others again thought that such processe and legall proceeding needed not to be observed toward them , who had already taken arms to maintain by force , what they had committed by treacherie and treason , but that an Army should be levied against them ; and not only against them , but also against all such as had been declared Rebels by the former Parliament . But Morton did not like of this last course , nor Athole : because neither was that meeting frequent enough to determine of those things : and besides , they foresaw that the joyning of many faults would take away or diminish , and make men forget the principall ; and to mingle other crimes with the murther , were but to make all the guiltie , in what ever kinde , to joyn with the murtherers , and so raise a generall and open insurrection , and a most dangerous Civill Warre . Wherefore they deferred all till the first of May , the day appointed for a Convention , as also for choosing of a new Regent . These delayes were motioned by Secretary Metellane , who ( at Granges request , upon his oath that he was innocent of the Kings and Regents murther , and of the Rebellion raised in England , and having found sureties to appear , and answer whensoever he should be legally pursued ) was released by the Nobility here conveened . For what ever respect Metellane made this motion , Athole consented to it , and Morton also , because he saw there could be no orderly proceeding at this time . This was ill taken of the vulgar , who did interpret this delay , of which they knew Metellane to be authour , to be nothing else but a plot of his to gain time to strengthen his own faction ; and that Murrayes death might be forgotten , or at least the heat of revenging it might cool , and relent , which they thought should not have been granted , and given way to . This was done the 14. of February , the day after the Regents Funerall . The 15. of February , Argyle , and Boyde , wrote to Morton from Glasgow , where the principall of the Queens side were conveened , that they were willing to joyn with the rest of the Nobility against such as were guilty of the Regents death ; but because it was not yet perfectly known who they were , they desired that they might meet , and conferre about it , so that they of the Kings side would come to Lithgow , or Fawkirk , or Stirlin , for they would not come to Edinburgh . Morton did impart the businesse , and communicate these Letters with Metellane ( as they had wished him to do ) but he refusing to meet any where else save in Edinburgh , there was no meeting at this time . But afterward the 24. of February , they came to Morton to Dalkeeth , and laboured to perswade him to come over to their side ; but he was so farre from listening to them , that he did assure them , he would stand to the maintenance of the Kings authority to the utmost of his power . It may be , some will think that this constancie did proceed from distrust , according to that Pseudo politick and Machiavillian maxim , qui offensa , non pardóna , who once offends , never forgives : and that he thought his fault so great in opposing the Queen , that it could not be pardoned . But why should he have thought so ? His was no greater , than were some of theirs , who were pardoned , than the Lord Humes by name . And certainly by all appearance , he could have made a far better mends : he might have put an end to the controver●…ie , and restored the Queen again to her own place , which might have sufficiently expiated all his former transgressions . Wherefore we may justly call it constancy , which was accompanied with courage , in undertaking so hard and difficult a task , and with wisedome in atchieving , and bringing of it through . In the beginning of March he went to Edinburgh , whither the principals of the other party came also , Huntley , Crawford , Oglebee , and the Lord Hume , Seton , and Metellane . There were but few with Morton , till Marre and Glencairne came in to him . The next day after , they met to consult of businesse ; but because Argyle was absent ( whose power was great ) they could conclude nothing . Wherefore Huntley goes to him , with intention to bring him along with him , but he came back without him , which every body thought was done by Metellans cunning , who hindred all agreement , that he might the better fish in troubled waters . The night following , these Lords , who were on the Queens side , took such a sudden apprehension , and panick fear , without any apparant cause , that having watched all the night in their Arms , they departed next morning , without order , and very dismayedly . About the end of April 1570. the Earle of Marre set forth from Stirlin to Edinburgh against the 1. of May , which was the day appointed for a Convention of the States ; but the Lords of the contrary partie lay in his way at Linlithgow . Wherefore Morton goes forth to meet him with 500. horse , and 1000. foot , so that Marre having crossed the water of Aven a good way above Linlithgow , they joyned their Troupes , and came both safe to Edinburgh the 29. of April , about twelve a Clock at night . Thus were the two parties , the one at Linlithgow , the other at Edinburgh ; each accusing other and blaming other as authours of dissention ; yet they at Edinburgh offered to yeeld unto any thing , and to come to any terms of agreement , which might not be prejudiciall to the K. authority , and upon condition that they would assure them of their concurrence to avenge the late Kings , and Murrayes slaughter . But they were so farre from accepting of these conditions , that on the contrary they chose three Lieutenants for the Queen , Arran , Argyle , and Huntley , they appointed also a Parliament to be held in her name the 3. or 4. of August at Linlithgow . In this mean time , Sir William Drury with 300. horse , and 1000. foot came into Scotland to pursue the Queens Rebels , and such as received them ( as was given out ) but the Lords at Linlithgow fearing they might be brought against them , assoon as they heard of their coming , went toward Glasgow , and besieged the Castle thereof , which Minto had in keeping . But he being absent , and not above 24. of the Garrison Souldiers within , the Castle notwithstanding was so well defended , that having slain moe of the besiegers than they were themselves in number , after six dayes stay , hearing of the approaching of the contary partie , they raised their siege , and went every man unto his own home . The Kings side with Drury ( and the English ) went into Cliddisdale , and cast down Hamilton , and other Houses belonging to the Queens faction . After this the English returned to Berwick , and Morton did go along with them the 3. of June , having stayed some 20. or 22. dayes , from the 2. of May. The 13. of July 1570. they chose Lennox to be Regent , in a Convention holden at Stirlin , and gave him the oath to observe the Laws , and to maintain the professed Religion . His first care was to stay the Parliament , which the contrary partie had appointed to be kept at Linlithgow in August . Wherefore he sends to Grange for some pieces of Ordnance out of the Castle of Edinburgh : but he refused to send any , pretending that he would be a procurer of peace , and not an instrument of War , and shedding of Scottish bloud . Notwithstanding hereof , the Regent goes to Linlithgow with 5000. men the 3. of August , where he could see no appearance of a Parliament , nor of any meeting , nor hear no news of them at all , save that Huntley had been at Brechin , and placed a Garrison there of some hired Souldiers , and that he had also commanded them to provide victuals and lodging for some thousands of men against the 10. of August . Hereupon the Earle of Morton made haste to go to Brechin , to surprize them before they were aware , and sent word to the Lord Ruthven and Lindsay , to go with him , or before him , because they lay nearer . But the Souldiers having gotten some inkling of their coming , fled , and retired , some to the Steeple , some to the Castle , where they thought themselves to be in safety . Morton therefore lay about these places , and not long after , the Regent came thither himself in person , and the Gentlemen of the Countrey about came all to him , so that his Army did now amount to the number of 7000. men . Those that were in the Steeple , yeelded presently : but they that were in the Castle stood upon their defensive at first , and wounded some that approached to have assaulted the castle ; but hearing that the Batterie was to be planted , and that Huntley , who they looked should have come to their relief , according to his promise , had abandoned them , offered to yeeld , their lives only safe ; but when they could not obtain that , they came in the Regents will , simply , without condition . Thirty of them were hanged , who had bin taken divers times before , and bin pardoned , upon their promise never to bear arms against the King ; the rest , with their Captains , were let go free . This being done , they returned to Stirlin the 15. of Aug. The Winter following was quiet , and free from trouble . In the beginning of February , Morton was sent into England to Queen Elizabeth at her desire , with whom went Pitcarne , Abbot of Dumfermling , and Master James Mackgill Clerk Register . Being come to the Court the 18. of February , he was remitted to seven of the Councel , who were appointed to treat with him . These propounded two heads to be spoken of ; one was , that the Queen might be better informed of their proceedings , and the equity of their cause , then as yet she was , and that their reasons and proofs might be so clear , and such , that both she her self might be fully perswaded thereof , and that she might be able to satisfie others , who should require her help against them . The other point was , to make some overture of Peace , and to finde out some way of reconcilement , that so the Kingdome of Scotland might be quieted and settled . For the first point , they gave in their Reasons in writing , the last of February ; which when the Queen had read , she answered by her seven Counsellours , that she was not satisfied therewith fully , and therefore desired them to come to the second point ; what course was to be taken for pacification . She propounded the first Head onely for a shew , she knew well enough before what they could say , and was sufficiently satisfied , but would not be so , at least she would not seem to be so . As for the second Head , they answered , that their Commission was limited , and that they could not consult of any such thing as tended to the diminution of their Kings authoritie , neither would they take it upon them ( though they might ) nor use any such power , although it had been given them . The Queen was at Greenwich , whither she sent for them , and in a manner , chid them for their obstinacie , that they would not listen to a Treatie of Peace , but did rather avoide that which did concerne their good so much , and made large Protestation of her good-will toward them and their King , willing them , at least , if they would do no more , to hear what her Counsellours would say unto them . On the morrow her Counsellours propounded many things , for deciding the Title of the Crown betwixt the Mother and the Son , Morton craved the Propositions in writing , in regard there were many Articles , and of great importance . Which being given him , after he , and the others that were with him , had considered of them , they found them to be such as did diminish the Kings authoritie , and were without the bounds of their Commission ; wherefore they returned answer ; that these were things of so high a nature , that they belonged only to the three Estates , and could not be medled withall by so few as they were . This answer the Counsellours craved also to have in writing , which was done accordingly the day following . The 10. of March , they had presence of the Queen , and were again importuned to come to some proffers of agreement , but they absolutely refused . Again , the 20. of March , they were brought before the Queen , who confessed that these matters belonged to a Parliament , which ( sayes she ) seeing it is to be shortly , go home to it with Gods blessing , and take such order , as that there may be men chosen of both sides , to consult how to put an end to these controversies . And for the furthering thereof , I will send my Ambassadors thither , and will now presently deale with the Ambassadours of the Scottish Queen , and move them to gothither also , if it be possible . And so she did , but they could give her no present answer , untill such time as they had acquainted their Queen therewith , and received some direction from her thereabout . So they were forced to stay till Letters were sent , and brought again from her : which being come , the 4. of April they got presence again , and the Queen told them , how Queen Mary had rated her Ambassadours for their boldnesse , in daring to go so farre , as to enter into any terms of agreement . Wherefore ( sayes she ) seeing she is so averse from this way , I will stay you no longer ; but if afterwards she shall repent her , and be contented to hear of it , she said , she hoped they would be ready to follow the way of peace . And so they were dismissed very lovingly the 8. of April , and came to Stirlin the first of May , where having given an account of their Ambassage in the Convention assembled there , their proceedings were allowed , and approved by all . During Mortons absence in England , Lennox the Regent had taken Pasley , and the Castle of Dumbartan ; but on the contrary , the other Faction ( by Granges means , and their own Forces ) had made themselves Masters of the town of Edinburgh , with intention to keep out the Lords , & to hinder them from meeting in Parliament . Wherefore Morton being come to Dalkeith , kept 100. Musquetiers about him , together with a Company of horsemen , both to be a Guard to himself ( if they should happen to attempt any thing against him ) as also to hinder their excursions , & to keep them from pillaging the countrey about . This company of foot , with some 70. horse , he sent to Leith to assist the Herauld in making a Proclamation in the Kings name , to discharge all men to relieve or support the city of Edinburgh with victuals , or munition , or any other necessary provision . As they returned out of Leith ( out of a braverie , or because it was the nearest way ) the footmen would needs go hard by the City gates , & the horsmen ( though they liked it not ) would not forsake them . They in the town not knowing what might be their meaning , armed themselves , and seeing so smal a number , issued out at the two gates , ( called the Nether-Bow , and the Cow-gate-Port ) and skirmished with them . Mortons men ( though they were fewer in number ) had the better of them , and beat them back again within the gates . This fight was called the Lowsie-Law ( or hill ) because it was fought near to a little hill ( or Law ) where Beggers used to sun and louse themselves . It was the first yoking or bickering they had , and the beginning of the Warre between Leith and Edinburgh ; so called , because the Lords that were on the Kings side lay at Leith , and the contrary party at Edinburgh . And howsoever it was of small moment , yet it is not unworthie the observing , that this little essay , was , in a manner , a presage and prognostick of the issue of the ensuing Conflicts , that they should be of answerable successe . And so indeed it fell out , that the Kings side , though fewer in number ( as at this time ) had ever the better , during the whole time of these warres . The day appointed for holding of the Parliament being come ( which was the 14. of May ) the Regent comes to Leith , and Morton with him ; but not being strong enough to force the Town of Edinburgh , they went hard to the Gate , and having caused cast up a trench to keep the enemie from sallying out , they held the Parliament , though without the Gates , yet within the liberties of the Citie , which Lawyers said , was as good , as if it had been within the walls . In this Parliament , Secretary , Metellane , with his two brethren ( John and Thomas ) and the Abbot of Kilwinning were declared Rebels , their Lands were forfeited , and their Goods confiscated . They sate five dayes , during which , the Ordnance from the Castle did play upon them continually , and the Bullets did often fall amongst them , yet not any man was slain , or hurt , as if by speciall providence they had been protected . Afterward they adjourned it , and transferred it to Stirlin against the 4. of August . They in Edinburgh also kept their Parliament , where they had the Crowne , Sword , and Scepter ( which they had gotten from Grange out of the Castle ) and declared some of the Kings side Rebels , and in end adjourned it likewise till a new day . The Regent returned to Stirlin , and Morton went with him to bring him on his way as farre as Corstorphin : As he returned to Dalkeith , they of the Citie issued out , as if they would have fought him , and the Castle at the same time did shoot at him ; but he being without their reach , and the Enemy not daring to go farther from the Town , than the Cannons could shoot , he went home without fighting . His house being near to Edinburgh , he kept all those that lay about him , or offered to come that way , from bringing any victuall thither . Wherefore they issued out of the Citie to the number of 220. Foot , and 100. Horse , with intention to surprize him , and either to burn his town of Dalkeith , or at least to brave him at his own gate , supposing that hee durst not come out to fight them , now that his Friends were all gone home to their own houses , and not above 200. or few more of waged souldiers left with him . So they march , and carry with them two Field-Pieces , and were come to Lugton ( within half a mile of him ) before they were espied . But assoon as the Alarme was given in Dalkeith , Mortons men ( about 200 foot , and 60. horse ) came forth , and having put themselves in order in the open fields , offered them battell . After some little skirmishing , they of Edinburgh seeing themselves disappointed of their expectation ( who thought to have found very small or no resistance ) began to retire toward the City in good order , and keeping their Ranks unbroken . The Dalkethians did follow them in the same manner , til they came to the castle of Craig-Miller ; then some of Mortons Foot getting before them ( by running about on the other side of the castle ) & rising as it were out of an ambushment , fell upon them in a narrow Lane which leadeth from the Castle ; & having broken their Ranks , made them flee . When they perceived from the Castle of Edinburgh , that the flight was towards the City , and that their men had the worse , they sent out 30. Harquebusiers to their aide , and a barrell of Powder on horseback . By this new supply , they drove back Mortons horsemen as fast as they had followed them before : but while they are in filling of their measures out of the barrell , the Powder being fired by some of their Matches , killed and hurt some 24. or 30. amongst whom was Captain Melvin , that did keep the barrell , and distribute the Powder . By this mean , the losse on both sides was almost equall , safe that there were moe killed of the Citizens , and more of Mortons made prisoners ; having followed too eagerly at a straight place , called the Queens Bridges . This fell out the 2. of June . Not long after this , Morton was advertised , that they of Edinburgh were gone to Leith , to intercept Captain Weemes , and 100. Souldiers who had served in Denmark , and now being come home were waged by the Kings side . They had gone to Fyfe , and having refreshed themselves there a little while , were now coming over to Leith , to enter into the Kings service , and some 24. of them being in a little Ferrie-Boat , were taken by the enemie , and carried to the Castle of Edinburgh , the rest being in a prettie good big Barke , arrived safe at Leith . Morton came thither too late , for the men of Edinburgh were all gone ere he came , save some 10. or 12. whom he took , and kept for the Souldiers that were carried away . Morton lay long at Leith , during which time there fell out a notable conflict , and the most memorable that happened all the time of that Warre . The Queen of England laboured to mediate a peace between the parties , and for that purpose had commanded Sir William Drury ( Marshall of Berwick ) to deale with them , and trie what conditions of agreement he could bring them to . Drury went to Stirlin to the Regent , he did also speak with Morton , and was now come to Edinburgh to take his leave of them there , seeing he could do no good , nor prevaile with either side . Morton in the mean time being wearied with watching , and excessive paines and travell ; tormented also with a vehement fit of the Colick , kept his bed , which they at Edinburgh having notice of , either to take advantage of his sicknes , or to brave them of Leith in the presence & sight of Drury , to make him beleeve that they were the stronger , and hardier ; they issue forth of the Town , and march toward Leith , having ordered and ranked their men as ready to give battell . This was the 10. of June in time of their Parliament , where the chief of their faction was present , and did make Huntley Lieutenant for Queen Mary . He with the Abbot of Kilwinning , and Master John Metellane Priour of Coldinghame , had the leading of the foot , Balcleugh and Farnihaste were Captains of the horse . These came as farre as the hill where the Gibbet useth to stand ( called commonly the Gallow-Law ) not farre from Leith , Morton understanding hereof by the watch , esteeming it a great indignitie and affront , that they should offer to come so near to the place where he was , forgetting his own sicknesse and infirmitie , rose out of his bed , and caused sound the Trumpets , and beat up the Drummes , and marching out of the Town , set his men in order within halfe a mile , and lesse , of the enemie . Sir William Drury rode betwixt the Armies , and made them promise not to fight that day , but then there arose a question which of them should retire first . Morton alledged that those of Edinburgh ought to do it , because they came out first , and were in a manner the provokers . But Drury to decide the controversie desired , that when he standing in the mid-way betwixt them should give a signe , they should both retire together at the same instant●… . Morton was content , but the other partie refused flatly , threatning withall , that unlesse he retired first , they would make him do it with shame , and would scarcely forbear till Drury withdrew himself ; who when he could not prevaile with them , went aside , and looked on , saying , GOD shew the right . Morton , who had yeelded before not out of fear , but onely to satisfie the English , thinking that he had done enough to show his moderation unto them , began to march toward the enemie . There were with him 3. Companies of foot , which were Mercenaries , under the leading of Captain Thomas C●…ord , David Hume of Fishick , and Captain Weemes , who was come out of Denmark , all expert and valiant Captains . Besides these there were some Voluntiers of the Townsmen of Leith , and of Edinburgh also , who had left the City to follow the Kings side . The horsemen about 130. were conducted by William Douglas of Drumlenrigge , James Hume of Coldinknowes , and one Jordan of Aplegirth . Morton had about himself a Company of Pikemen , and such as carried Speares , and long Weapons . The fore-named Captains began the fight , and made the enemies shot quickly to give ground , and drave them back . The horsemen in like manner beat the Rebels horsemen , and routed them ; which Huntley perceiving , fled also as they did . There was no head or resistance at all made against them , save onely by a few of the foot men in the Abbey Church-yard , who made shew as if they would have defended that place of advantage , but they were quickly forced to leave it , and flee with the rest . For some of them being slain , some trampled under foot , and divers crushed to death in the throng and crowde , the rest ran away so disorderly , and fearfully , that they forgot to shut the Citie-gates , and sled straight to the Castle . And so great was their ●…r and confusion , that if the followers had not been too much bent , and eagerly set upon the pillage and spoyle , they might easily have entred , and taken the City . There were slain in this fight about some 50. of whom Gawin Hamilton Abbot of Kilwinning was one : there were 150. taken prisoners , the chief of which was the Lord Hume , being a little hurt by the falling of his horse , James Culen Captain of a foot Company , and a Kinsman of the Earle of Huntleyes had hid himself in a poor wives Aumerie , and being found , was drawne out from thence by the heeles , and brought to Leith : There so soon as the people saw him , they made a great noise and clamour , desiring that he might not be spared , but punished according to his deserts . For in the time of the Civill Warre at home , hee had behaved himself both covetously and cruelly , more like a thief and robber , than a Captain or generous Souldier : and abroad in France , he was very infamous for many vile and base pranks he had played there . And in the Warre betwixt Sweden and Denmark , he had taken Money of both Kings to levie men , and promised to aide both , but performed to neither . For these things , besides many moe foule and horrible crimes which he had committed , hee was publickly executed , to the great contentment of all the commons . Sir William Drury , when he saw how things went ( contrary to his desire , as is supposed ) being ( as was thought ) a North-folcian , went away to Berwick . After this , the Regent came to Leith , and caused fortifie it , and make it as strong as he could , to hinder any victuall to be carried from thence to Edinburgh ; and having appointed the Lord Lindsay to remain there as Governour , he returned to Stirlin , and Morton went with him to hold the Parliament , which was appointed to be there in August . There was at this time no small contest and debate , betwixt the Court and the Church , about Bishops , and Prelates , concerning their office and jurisdiction . The Ministers laboured to have them quite abolished and taken away , and the Court thought that forme of government to be more agreeable , and compatible with a Monarchicall estate , and more conforme to the rules of policie , and Civill government of a Kingdome . Besides , the Courtiers had tasted the sweetnesse of their rents and revenues , putting in titular Bishops , who were onely their receivers , and had a certain Pension or Stipend , for discharging and executing the Ecclesiasticall part of their office , but the maine profit was taken up by the Courtiers for their own use . Wherefore they laboured to retain at least these shadowes of Bishops , for letting of Leases , and such other things , which they thought were not good in Law otherwayes . There was none more forward to keep them up than the Earle of Morton ; for he had gone Ambassadour to England on his own private charges , and to recompense his great expenses in that journey , the Bishoprick of S. Andrews , being then vacant , was conferred upon him . He put in Master John Douglas ▪ ( who was Provest of the new Colledge in S. Andrews ) to bear the name of Bishop , and to gather the rents ( till such time as the solemnity of inauguration could be obtained ) for which he was countable to him . This he did immediatly after he came home out of England . Now he wil have him to sit in Parliament , and to vote there as Archbishop . The Superintendent of Fyfe did inhibite him to sit there , or to vote under paine of excommunication ; Morton commanded him to do it under pain of Treason and Rebellion . The Petition given in to the Parliament , desiring a competent provision for the maintenance of Preachers , in which they complained of the wrong done unto them by the Courtiers , who intercepted their means , was cast over the Barre , and rejected ; and by the most common report , Morton was the cause thereof . Afterward Morton in a meeting of some Delegates , and Commissioners of the Church at Leith , by the Superintendent Dune's meanes , used the matter so , that he obtained their consent to have his Bishop admitted , and installed . Wherefore the 3. of February , he caused affix a Schedule on the Church doore of S. Andrews , wherein he charged the Ministers to conveene , and admit him to the place , which they did accordingly , but not without great opposition . For Master Patrick Adamson ( then a Preacher , but afterward Archbishop there himself ) in a Sermon which he preached against the order and office of Bishops , said , there were three sorts of Bishops ▪ 1. The Lords Bishop ( to wit Christs ) and such was every Pastour : 2. My Lord Bishop , that is , such a Bishop as is a Lord , who sits , and votes in Parliament , and exercises jurisdiction over his brethren . 3. And the third sort was ( my Lords Bishop ) that is , one whom some Lord , or Nobleman at Court did put into the place to be his receiver , to gather the Rents , and let Leases for his Lordships behoofe , but had neither the meanes nor power of a Bishop . This last sort he called a Tulchan Bishop , because as the Tulchan ( which is a Calves skin stuffed with straw ) is set up to make the Cow give down her milk ; so are such Bishops set up , that their Lords by them may milk the Bishopricks . Likewise Master Knox preached against it the 10. of February , and in both their hearings ( Mortons , and his Archbishop ) to their faces pronounced , Anathema danti , anathema accipienti , a curse on the giver , and a curse on the taker . This much I thought fit to mention here , and to cast these things together which are of one nature , though done at severall times , yet which began at this Parliament in Stirlin . While the Lords assembled at Stirlin lay there securely and negligently , without fear of the Enemie that lay so farre off as ( they thought ) at Edinburgh , they had well nigh been cut off all of them , and the whole cause overthrown . Forthere was in Edinburgh one George Bell ( an Ensigne-bearer to a Company there , and a Stirlin-man borne ) who knew all the Town , and every Lane , and Street , every turning and corner in it . He had learned also in what particular houses everie Nobleman was lodged . This Bell knowing by intelligence how carelesse the Lords were , how few they had with them , and that there was either no watch kept at all , or else but very negligently , & the Centinels very thin placed , thought it possible to surprize them with a very few men ; wherefore having imparted it , and acquainted the chief Commanders withall , they liked , and approved of it . So with all speed they prepare for the journey , and march from Edinburgh with 200. horse , and 300. foot ; the Earle of Huntley , Claude Hamilton of Pasley , and Walter Scot of Balcleugh being their Captains and Leaders . They used such expedition , and were so fortunate , that having got thither undescried , they planted themselves in the Market-place , and setting men to guard all the Lanes , and narrow passages of the Town , they entred the Noblemens lodgings , and took them prisoners ; the Regent , Glencairne , and others . Onely Mortons house made some resistance ; which being so well defended , that seeing they could not enter otherwayes , they set it on fire , and he , seeing all filled with fire and smoak , one or two of his servants also being slain , yeelded himself to Balcleugh , who had married his Neece Margaret Douglas . And thus having made all sure , as they supposed , the Souldiers began to roame up and down the Town , and rifle the houses , seeking for spoyle and bootie . In the mean time the Earle of Mar●…e , and his folks , who were in the Castle , and had essayed divers times to break into the Market-place , but in vain , all the passages and entries being so well guarded , that they could by no means do it ; at the last he sent some 16. of his men , with small brasse pieces of Founds ( as they call them ) to his own new house , which was then a building : and because no body dwelt in it ( for it was not yet finished ) the Enemy had not regarded it . These entring in at a back-gate , got up to the top of the house , and to the windows which did look directly into that Street where the Enemie was , and began to shoot among the thickest of them . Hereupon they presently fled so fast , that they 〈◊〉 one upon another thronging out at the gate . Marres folks came presently down and pursued them , but the lodging-gatebeing shut , they could not get out at the little narrow wicket but one at once , and that very slowly , whereby the Enemie had time to flee safely . And now many that before kept within doores for fear , began to creep out of their corners , and come forth to the Street , and joyne themselves with the Earle of Marres men ; so that the case was quite altered ▪ For the Victours and Conquerours , leaving their prisoners and their spoyle , fled for life to save themselves ; and divers became prisoners unto their prisoners , namely those who had taken Morton and Glencairne . The Regent was taken by David Spense of Wormiston , who was himself killed while he laboured to save the Regents life , and the Regent also received his deaths wound . They might have utterly destroyed the Enemie , but that at their first entry the Tividale men had taken away all their horses , so that they could not pursue them . And so they escaped ( we may say ) on both sides : for both were victorious , & both were vanquished in a few houres space . A rare and remarkable example , how available , and of what moment it is to use diligence and expedition ; and how dangerous in time of Warre to be negligent and secure . But especially this accident doth make good that often repeated observation of that great Warriour Julius Caesar , Multum in utramque partem fortuna potest ; that in all the exploits of Warre , fortune hath great power either to frustrate , or make successefull . But what he cals fortune , we know to be providence , and ought so to call and acknowledge it ; which turnes the wheele of humane affairs beyond , and contrary to their expectation . If we may judge of the justice of the cause by the perpetuall successe of the maintainers , and by their meeknesse and moderation therein , the Kings side have had the better and the juster . The Regent died that same night , and was buried in the Chappell of Stirlin Castle , with such solemnitie as the Town and time could afford . The Grand-father being dead , the next Regent was Marre , being chosen the 8. or 9. of September the same year 1571. There were three put on the list , Argyle , Marre , and Morton . It is strange , they should have made Argyle one , who had been all this while on the contrary faction , and was now but a reconciled Enemy at most , unlesse they were sure how to carry it . Many thought Morton should have been the man , but he nothing ambitious of the title , which was but matter of envie , helped to cause Marre be chosen , who was a very sufficient and trusty Nobleman , able to discharge the place , and who had the Kings person in keeping within the Castle of Stirlin . The main thing that he did in his Regencie was , that he conveened the Countrey , and lay about the Town , but wanting Artillerie to batter it , he returned again to Leith ; where having divided the Kingdome into quarters , he appointed the severall divisions to come to him by turnes , with whom having broken the Mils about Edinburgh , he placed Souldiers in the villages and Gentlemens houses about it , to hinder all kinde of provision from it . In the South parts of the Kingdome , Balcleugh and Farnihaste did molest the Kings side , especially the town of Jedburgh . Wherefore Morton both for this cause , as also for a particular against Farnihaste , who claimed to be Bailiffe of Jedward Forrest ( which belonged to the Earle of Angus ) by inheritance , sent for the chief Gentlemen of the Merse , and desired them to subscribe a Band , by which all those that were by name insert therein , did binde themselves to assist other , and all of them to aid and assist the Warden Sir James of Coldinknows . In this Band were contained the townsmen of Jedward , the Laird of Badrule , together with the Trumbles and Rutherfords , and divers others . The first that wascalled ( they being all assembled together in Mortons lodging at Leith ) was Sir David Hume of Wedderburne , who flatly refused to subscribe it ; but said , Hee was ready to serve the King , as became a faithfull Subject , so farre as hee was able ; but that hee would not binde himself in any Band to any man , further than hee was already bound in duty , especially such men , with whom he would not enter into any societie , fellowship , or combination . He understood chiefly the Trumbles and Rutherfords , which names were infamous , and most of them reputed theeves , and Badrule a notorious one . Morton seeing him thus resolute , lest the rest might by his example refuse likewise , caused him go aside into a back-room , and called in the rest . The first of which was Patrick Hume of Polwart , who hearing of the Trumbles and Rutherfords , refused also to be joyned with them , or to subscribe . When Morton asked him his reason , he answered roundly , Because , sayes he , it may be some of these men have helped to steal Wedderburnes cattell . And hath Wedderburne any cattell stollen from him , sayes Morton ? Yes , my Lord , answered the other , that he hath . He did not tell me so much , sayes Morton . But it is true , my Lord , saith Polwart . Well , sayes Morton , will ye subscribe this Bond ? I cannot , my Lord , saith he , as the case stands . If you do not , saith he , you shall do worse . Worse , my Lord , saith the other , nay , rather than do worse , I will do it . No , but saith Morton , I do not mean to compell you . No ; but my Lord , saith hee , you have said enough ; and so he signed it , accounting it threatning and compulsion , and so himself no whit bound by his subscribing . The rest of the Gentlemen being called , seeing Polwarts hand at it , made no more scruple , but set to theirs likewise . After this , Morton went to dinner , and being set , hee remembred himself , and sent one to call Wedderburne out of the back-roome , and when hee came , he asked him , Why he did not come to dinner ? I was ( saith he ) lawfully committed , my Lord , and I would not break prison , but stayed till I was lawfully released . These dealings made some that were rigid censurers think hardly of Morton , that hee would use such infamous men , and tolerate them for his own ends , especially being a publicke person , and in the place of justice : Yet others did excuse him , as being necessitated thereunto by the times ; there being no other way to counter-poyse the power of Farnihaste and Balcleugh , but by these Trumbles and Rotherfords ; alledging withall , that it is not fit , or possible , to observe those Schoolrules precisely in Politick affairs , which it seemes hath been his opinion also . In February , Morton being absent in S. Andrews , about the installing of his Archbishop Master John Douglas , those in Edinburgh watching and laying hold on this opportunitie , went forth , and setting fire in the town of Dalkeith , burnt some twenty houses thereof , and having spoyled and pillaged it , returned safe to Edinburgh . There was little other thing of moment done by either side , during Marres time . And now by the Garrisons ( which lay about Edinburgh ) hindering Victuall to be brought to them , their scarcitie increased so much , that they sent to procure an Ambassadour from France , and another from Queen Elizabeth , to mediate a Peace . And for the preamble of a full Peace , the Ambassadours obtained a Truce in July , to begin the 1. of August , 1572. and to last till December , or January . The conditions were simple , that the Town of Edinburgh should bee patent to all the Kings Subjects ; which was as much to say , as that they should render it up , since they could keep it no longer . And so it was done the first of August 1572. Before the expiring of this Truce , the Regent sickened , and died at Stirlin about the twenty eighth of October , 1572. Thus have wee waded through those times and actions of the Earle Mortons which were inter-mingled with those of other mens ; in which though he were not the sole agent , nor the principall and first in place , yet had he a main hand in all of them , and in all the affaires of Estate , he was ever a chief Actour , during the reigne of the Queen-Mother , and Queen Mary ( her daughter ) in the time of the three Regents , Murray , Lennox , and Marre ; to all whom , he was ever even more than a second . Now we are come to that time and those actions , which are absolutely and fully his own ; where he is the deviser and executer , sole counsellour and sole commander of all , where there is none to go before him , none to share or partake with him in his praise , or blame . What hee doth aright , the honour thereof is due to himself alone ; and if hee do any thing amisse , the blame thereof must lye upon him onely . The pain or pleasure , the gain or losse , touch and concerne him , and none else . For Marre being dead , wee do not finde so much as any question made , who should succeed him in the Government ; mens mindes had by presage designed him to it , and the Lords meet to accomplish that presage , rather than to consult of it . Wherefore the twentie fourth of November , he was by uniforme consent of all those of the Kings side , chosen to be Regent . Would you know the reason of their choice ? Be pleased then to hear it in the words of a stranger , who is very impartiall , and farre from lavish commendation , that is , Master Thin ( or Boteville ) in his Scottish Chronicle ; They sought ( sayth he ) a new Regent to succeed in Marres place , that might in all respects defend the Kings Person , and the Realme , as he had done before . Wherefore the Noblemen assembling , did select by one consent , the Earle of Morton to that Office , a man no lesse wise than provident , and such a person , as both for the nobilitie of his birth , and service to the Realme and to the King , did well merit the same . By which it appeares , that he did neither ambitiously seek the Place , nor got it by faction , but was chosen to it for the good of the Countrey , freely and advisedly . He sayes indeed , that it was after long consultation , but it could not be very long , being little more than a moneth , which was short enough time to be spent in making the late Regents Funerall , and to conveen the Nobilitie therein . For according to himself , the election was in December ; but our Acts of Parliament ( which are more authentick ) say , it was the 24. of November . But how ever long their consultations were , we do not hear that he had any Competitour , or that there was any other mentioned or nominated with him ; and seeing he sayes , it was done ( by one consent ) then was there not any contrary Votes , or contradiction and contesting ; but a perfect and full uniformitie and harmonie of minde amongst all of that side . Nay , even of those of the other side also , who sent ( as some Notes say which I have seen ) Commission and Proxees to that purpose , and namely , the Duke and Earle of Huntley . Others say , these were at the Parliament , where this Regencie was confirmed , holden the 26. of January , in Edinburgh . They that delay it longer , cast their yeelding in February at Perth , where they name Huntley , Argyle , Athole , and in generall , the greatest part ( say they ) of the Nobilitie , and so we see his entrie was free and right , and duly approved by all ; the rest of his Office we have to consider . It lasted the space of five years and three moneths , till the twelfth of March , 1577. which is the time of his dismission . All this time the Countrey injoyed a full and perfect Peace , save so much warre as they had in recovering the Castle of Edinburgh out of the enemies hands . There were within the Castle ( beside Grange Captain thereof ) Secretarie Metellane , and his brother Master John , Priour of Coldinghame ( afterward Chancellour of Scotland ) who remained still in terms of hostilitie . I know not why , nor wherefore , whether it was , that they thought themselves so guiltie , as that they could not be pardoned ; or that they had conceived such spleen and hatred against the other Faction , that they would not be reconciled ; and so , out of despair , taking a desperate course , or that they were borne up with hope of some change , perswading themselves , that this agreement among the parties could not last long , being so ill cemented ( as they conceived ) but that some difference would soon arise upon some occasion or other , and that the rather , having their example for the present , and the Castle of Edinburgh for a place of refuge , when it should be needfull . Upon these , or such like considerations , being also not altogether forsaken of the French ( who sent some small supply of Moneyes , but large promises by James Kircadie , brother to Grange , who landing at Black-Nesse , conveyed himself and it secretly into the castle ) they resolved to be the last in yeelding , and to hold out so long as possibly they could , assuring themselves that they could make their peace when they listed ( if it should come to the worst ) by surrendring the place upon good conditions . There were with these forenamed ( as their followers ) the Lord Hume , who was altogether led by Metellans counsell , and Logan of Rastarig , who depended upon Hume . Pittadraw was Lieutenant to Grange the Captain , and Sir Robert Melvill was Uncle to Grange . The Regent being resolved to pull this thorne out of his foot , caused the Castle to be inclosed with a trench , and Souldiers set to keep it , under the command of Captain Crawford , and Captain David Hume before mentioned . And because they of the Castle watered at a Well ( called S. Margarets Well ) Captain Michell was appointed to lie with his Company at S. Cutberds Kirk , who hindred them from fetching water from thence , and after a while , he found means to poyson it , and so left it without any Guard. While the Castle was thus blocked up , one Captain Bruce issued forth thereof , to bring in victuals , but he was taken by the Regents men , saith Master Thin : a thing very hard to be conceived , how he either durst , or could do it ; neither is there any mention or memorie of his being there , o rany where els to be found . Now because the Castle did annoy the City with their Ordnance , so that none could walk in the Street ( which lies open in a straight line from the Castle exposed to their mercy ) without danger of their lives , the Regent caused make three Traverses or Dikes , 〈◊〉 ramparts of earth , turfe and dung , over-thwart and crossing the Street , so thick , as that they were Cannon-proofe , and could not be pierced , and so high , that they took away the view of the Street from them of the Castle . One of these was raised hard by the Land-Market above the Tolbooth , and the other two ( with proportionable distance one from another ) nearer the Castle ; so that the Citizens and others walked safely to and fro about their businesse , and the Lords also sate in Parliament without any hurt , notwithstanding that the very day of their sitting ( the 26. of January , or as others the 16. ) for their welcome and first salutation , they had bestowed on them 87. great shot ; onely there was one poor dog killed before the Regents door . Neither was there any great hurt done before , though they had been still sending their vollies the 1. of January ( at what time the truce expired ) not above 6. persons hurt that kept the ●…nches , and as many within the City , but none slain . One night the Captain issued forth , and skirmished with the Regents Souldiers in the trenches , till he found means to set some houses of the City on fire ; which , the winde being high , did spread through the City , and when any did offer to quench it , he caused the Ordnance to play so thick upon them , that none daring to come near it , there were some 100. houses consumed therewith being burnt down to the ground , but not any man either slain , or hurt . This fact made him , who was hated before , to be abhorred and thought abominable by all men . Wherefore the Regent determining no more to dally with him ( not having sufficient store of Artillerie of his own , and fearing lest the Castle being well victualled , might hold out too long ) he sent to the Queen of England to borrow of her ; who sent him 30. pieces in ●…ll ( viz. 9. Cannons , 6. Demi●…anons , 6. Sacres , and 9. Culverins ) with all manner of needfull provision ; together with 700. or ( as Master Thin saith ) 1500. men under the conduct of Sir William Drury Generall . With these and 500. hired Souldiers of Scots , besides the Gentlemen Voluntiers , and the Citizens of Edinburgh ( after he had summoned the Castle , and they not obeying ) he sate down before it the 20. of April 1573. They raised five Mounts or Terrasses , whereon to plant their batterie , in that place where now Heriots work is built . These ( being called by the severall names of the chief Commanders , First , the Kings , Secondly , Mount Drury , Thirdly , Mount Leyes , from Sir George Leyes , Fourthly , Mount Carie , from Sir George Carie , and fifthly , Mount Sutton , from Thomas Sutton Master of the Ordnance ) were finished the 17. of May , with great toyle and labour , and not without some losse of men by shot from the Castle . They began their batterie the 17. of May , and continued it till the 26. The Castle is situate on a steep and inaccessible Rock , having a large utter Court beneath that Cragge whereon the Castle standeth . About this Court there is a strong Wall , and on that side which lieth towards the Town of Edinburgh , a Bulwark ( or Blockhouse ) ending in a sharp point , being made in form of a triangle . The use of it is to defend the entrance and gates of the Castle . The wals of this Blockhouse are subject to the sight and shot of the Castle , and so may be defended by those that are within , but the corner & sharp point thereof is not so , and if it be taken by the Enemy , those that are within the Castle cannot annoy them . There were within the castle at the inner end of the said Blockhouse , two turrets of ancient workmanship , but more high than strong ; of which the one was called Davids Tower ( which stood nearer the Gate ) the other without it nearer to the South , was called Wallace Tower , but I know not the reason of their names . Against these two Towers , and the side of the Blockhouse nearest to the Castle , they directed their first batterie . Thereafter they battered round about on every side of the Castle , and having dismounted some of the Ordnance within , and broken other some by shooting in at the mouth thereof , their Cannon did little hurt , being made unserviceable . Besides , Davids Tower being battered , was beaten down , and fell in such sort , that the ruines thereof did damme up the gate and ●…trance betwixt the Castle and the utter Court and Block-house . The Blockhouse was also battered in that part that was over against the gate ; and Wallace Tower , which stood above the gate within the Castle , was beaten down . There was a breach large enough , made not farre from the gate of the Bulwarke , and the ditch also was filled up with stones and rubbish , so that they might well enough have entred there ; but because it lay so open in the very mouth of the enemies shot , it was not thought safe to give the assault at that place . Wherefore having provided Ladders , they went to the point of the Blockhouse , there to climbe up out of danger of the Enemies shot . The foremost in this service were Captain Hume and Captain Crawford . Humes Ladder being too short , and there being one of his men also shot upon the Ladder behinde him , he was forced to come down again , and so Crawford got first up , and Hume followed him upon his Ladder , and so did the rest of the Souldiers without any hurt done . So they went forward , and planted a Corps de guarde before the Gate of the Blockhouse called Humes Porter-lodge , I know not why or how it got that name . They had no let or impediment , save that they had some small shot from the Castle , for the great Ordnance could not annoy them , being so high above them . And those that had kept the Blockhouse , had forsaken it , and weretaken in to the Castle , being towed up over the Wall in the night . Forit being sore battered , and the passage from thence to the Castle being so dammed up , that there could come no relief nor succour to them from within , they would not stay in it any longer , but abandoned it . While they were in scaling the Blockhouse , there was another Company sent to make shew of giving an assault at another place , but they having gone further on than they had warrant or direction , they were repulsed , and about thirty of them slain . And so they did ( as it were ) make an exchange , and recompense their losse of the Blockhouse , with the death of these thirty . But this taking of the Blockhouse , was a matter of no great consequence ; for neither could they any wise annoy or harme them that were within from thence , neither was the Castle Wall any where scalable , but as hard and difficult to get up into it as ever . Onely they had taken from them the onely Well which was left them , and out of which had been furnished to each man a pint of water a day . For the other Well that was within the Castle , by the fall of Davids Tower , was so filled with lime and rubbish , that it served them to no use . Besides , they were at variance amongst themselves ; for the Souldiers were not well pleased with their Captain , in regard of his hard usage of them . For he had committed to his wife the charge of distributing their Vivers , so to please her in that , that she might be the better contented to bear with his untimely and unlawful love toward her maid whom he intertained all this while . It is true , the victuall began to grow scarce , but she made it scarcer by her niggardly disposition . They did not mutine , but they murmured so , that they within were content to Parley with the besiegers . Wherefore the 26. of May , Grange the Captain , Pittadraw Lieutenant , and Sir Robert Melvill came down over the Wall by a rope , and spake with Generall Drury ; for they addressed themselves to him , as one in whom they did much confide as a favorer of theirs . They demanded that their lives , lands & honor safe , they might depart with bag and baggage , both he , and all that were with him . But when he could not obtain that , he returned to the Castle again . The Regent after this , found means to let the souldiers understand , that if they would render up the Castle , their lives should be saved , and they should have free libertie to passe with bag and baggage whither they pleased ; else that they must expect all rigour and extremity . Hereupon they shew themselves unwilling to undergo any more paines or danger for him , and refuse to obey him ; so that he was constrained to yeeld up the Castle the 28. or 29. of May , without any condition at all , but referring himself absolutely to the Queen of Englands pleasure . Her pleasure was to remit all to the Regents own wisedome and discretion , and so the 16. of July she called back Sir William Drury and her Souldiers ; as also about the same time her Ships and Munition were sent home againe to her . Concerning the prisoners , the Lord Hume was committed again to the Castle , and the Castle to the keeping of George Douglas of Parkehead , brother naturall to the Regent . Sir William Metellane of Lithington deceased ( the 9. of July at Leith , where he lay with Drury ) before he was suspected , and reported to have poysoned himself . What fear , what guiltinesse , or what other occasion there was to move him hereto , or what information he got , or apprehension he took of the Regents minde toward him in particular , I know not ; but after that he knew that he was to be left by the English in the Regents hands , he lived not many dayes . None of the rest were hardly used , save Grange the Captain , who being odious for his breach of faith to those of the Kings side ( with whom he took part at first ) and much more hated for his treacherous dealing with the first Regent Murray , who had been so kinde and loving a friend to him , and had trusted so much to him ; but most of all for his obstinacie and unmercifull cruelty in firing the Town of Edinburgh , and not suffering them to quench it , the common people did so abominate and detest him , that they could not abstaine from revlling and cursing of him , as he was led along , after the Castle was surrendred ; neither could they be hindred from stoning of him : so that they who were with him were faine ( for saving of themselves and him ) to take the house upon their heads . And now that he was in the Regents power , there was no way to satisfie them , but by executing of him : Wherefore being condemned for these things , he was put into a Cart , and drawn backward to the Market-place of Edinburgh , where he was hanged , and with him his brother Master James Kircadie , and two men of Edinburgh ( Mossman and Cackie ) who had made false Coin in the Castle on the 3. day of August 1573. Master John Metellan was sent prisoner to Tantallon , and Sir Robert Melvill to Lithington , to be kept there by David Hume of Fishick , who th●…n possessed it . This was the onely exploit of Warre which he atchieved , and by which he acquired great reputation ; the former Regents having never been able to get this Castle into their hands : as also by his no-wayes rigorous dealing with those that were in it . The rest of the time of his Reg●…ncie , there was a generall peace in the Kingdome , and full obedience was yeelded to him by all men . No man of those times had seen the like before ; no King was ever more dreaded and reverenced , nor did ever keep all sorts of people ( High-Landers , Low-Landers , Borderers and all ) in better order and greater subjection , even to inferiour Magistrates , both Civill and Ecclesiasticall . The chief mean hereof was the execution of the Laws . He made not many new ones , but what he made , he took care to have observed . Concerning Religion , there are these five Acts extant , which he made in his first Parliament the 26. of January 1572. before the besieging of the Castle . 1. The first of these is relative to an Act made by Regent Murray before . In it ( being made for establishing of Religion ) it had been declared : That they were not of the Church , that did not approve the heads of Religion then received , and who refused ●…o participate of the Sacraments as they were administred . Morton ordains ( in this Parliament ) such persons to be first searched , and secondly , admonished to recant then wicked errours ; thirdly , to make confession of their faith according to the form prescribed ; fourthly , to participate of the Sacraments ▪ fifthly , submit to the Discipline of the Church within such a competent time ; sixthly , if they fail to do this , that they be excommunicated ; seventhly , then have their names printed in a catalogue ; eightly , divulged ; ninthly , & affixed on the Tolbooth door of Edinburgh ; tenthly , from thenceforth to be reputed infamous ; eleventhly , not to sit or stand in judgement , pursue , defend , or bear any publick office ; twelfthly , not to be admitted as a proof or witnesse , or assessour against any , professing the reformed Religion , till they submit , be reconciled , and obtain a testimoniall of their reconcilement . That to be in this Catalogue shall be a relevant exception against , first , Judges principall : secondly , or Deputies : thirdly , Members of Court : fourthly , Officers : fifthly , Parties or Procutors : sixthly , persons of inquest : seventhly , or witnesses , to decline them from , first , Judgement : secondly , Office : thirdly , Pursute : fourthly , Procuration : fifthly , Inquest : or sixthly , Bearing witnesse : That the Arch-bishops , Bishops , Superintendents , Visitours , Commissioners , Readers , shall give in their names within every one of their bounds ; under pain of forfeiting a years rent in case they fail . 2. The second Act is : That all Ecclesiasticall persons ( that is Ministers , or such as pretend any right to have , or brook and enjoy any , first Benefice : secondly , Life-rent : thirdly , Stipend : fourthly , Pension : fifthly , or Portion of Benefice ) who shall not confesse , subscribe , and participate the Sacraments , as said is , shall be ipso facto deprived , and all his Ecclesiasticall promotions and livings shall be voide and vacant , as if he were naturally dead . 3. The third Act : That none should be reputed as loyall and faithfull Subjects to our Soveraigne Lord , but be punishable as Rebels , that gave not confession and profession of the reformed Religion : That such as had once professed it , and afterward made defection , should returne before the first of June next , and renew their former confession : first , Promise to continue in it : secondly , To maintain the Kings authority : thirdly , The Preachers : fourthly , And Professours of the true Religion , against whomsoever and whatsoever enemies , especially against all ( of whatsoever Nation or degree ) that had bound themselves to maintain the decrees of the Councel of Trent , and were falsely called , The holy League . 4. The fourth Act : That whosoever were excommunicated , and remained so 40. dayes , letters of horning should be directed to charge him to satisfie the decree of the Church pronounced against him , and to be reconciled to the Church , and submit to the Discipline thereof under pain of Rebellion : and if he did remain obstinate , that hee should bee put to the horne , and then letters of caption should be granted to apprehend him , &c. 5. The fifth Act was : That Ecclesiasticall persons ( such as above ) remaining year and day at the horne , should lose their Life-rents . These Laws he procured to be made in Parliament , and being made , he saw them duely executed ; by which mean it came to passe , that in his time , there was no man in Scotland , that professed advowedly any other Religion than the reformed ; or maintained any point of Religion , contrary to the doctrine of this Church . Men do now wonder at it , how it could be : yet so it was , and this was the mean that procured it . As for the Borders , hee tamed and daunted them by In-rodes , and Justice-Eyres , executing some for terrour to others , taking pledges and hostages of the rest , and punishing them that transgressed according to their faults , most part by pecuniarie mulcts and fynes . The High-landers were kept in , by binding the chief of the Clans over to the peace ; and partly by fear , partly by gentlenesse , he drew them to the obedience of the Laws . But the chief mean for all , was a solid and perfect peace established amongst the Nobilitie , the onely certain and sure way of keeping the Borderers in order ; as by the contrary , a stir amongst the States ( as themselves speak ) doth never faile to incite them to their theeving and robbing . This he knowing well , partly by his wisedome compassed and effected it , partly it fell out of its own accord by mens inclination thereto , being wearied with so long troubles , and the turbulent heads that stirred up and entertained dissention , being now taken away by death . It is matter of laughter and sport , to consider mens judgements concerning this his government . I heard then , and have read since in some memorials of those times , his government mightily taxed , and reproached , and himself censured as covetous & greedle , as one that hanged some poor snakes for a shew of justice , but suffered the richer theeves to escape for their money . And yet the same men do not stick to say and write , Betwixt the 3. or March 1575. and the 4. of March 1577. the space of two years , there was nothing of importance to write of : All this time the Regent governed the Realme both well ; and wisely : for during these two years , the common people had rest and quietnesse ; Not considering that his government in the former years had procured , and caused the rest and quietnesse of these years : Yea , these same things which they call ( hanging of the poor for shew of Justice , and letting the rich go for money ) they might call it ( if they would speak in proper termes , and give it the right name ) a just moderation and tempering of justice with lenitie ▪ punishing some ( lest impunity might breed contempt of the Law ) punishing the fewest and in the gentlest sort , lest too much rigour might drive them to despaire , and so force them to desperate courses , and to stirre up new commotions . If this course did withall meet right with any natural inclination in him towards money ; yet that inclination did rather concurre with this judgement , than cause it . He knew the nature of his countrey-men , how they cannot easily endure to have their lives touched , or their bloud medled withal , and how hard it is to over-master them by the strong hand , and a violent way , but farre more easie to be overcome and gained by fair meanes ; and therefore out of his wisedome hee made choyce of this , as the best way for his purpose of settling Peace . The event and issue did justifie his choyce : for from hence did arise a full Peace , and perfect quietnesse , together with all obedience and good order in Church and State at home ▪ and account and great esteem of Strangers abroad . His meanes ( indeed ) were also increased , yet that came not so much by publick fynes or for●…ures , as by his good husbandry and thrifty managing of the revenues of the Crown , and his own private estate . For no man knew better how to improve both the one and the other , and to make the best of them ; and no man was more carefull and diligent in it , than he . He guided both himself , and imployed his own pains and industrie therein , as in all affairs whatsoever . His servants were ever particularly directed by himself , and they did but execute what he commanded . The chief men he used were John Carmichael of Carmichael , and George Auchinleck of Balmannoe . He imployed the former in all matters that were to be done upon the Borders , having made him even a warden ; theother had a care to gather in his rents , and was ( as it were ) Stuart or Chamberlaine to him . His private delight was in planting and building , which hee did very magnificently , especially at Dalkeith ; for which Drumlenrig admonished him that it was too sumptuous and stately for a Subject , and too near to Edinburgh . He built also an house in Tweddale , called the Droghholes , for his private retreat . He grew so ▪ in esteem of wisedome and riches with all men , that it was no wonder though hee were a little touched with the opinion of it himself ; being now past all emulation , and so accounted of by all men , he could not but esteem also well of himself . They who did envie him had little hope to hurt him by action , being above their reach ; but by their tongues they sought to make him envied of all ; saying , He had all the riches , all the friendship , and all the wisedome of Scotland , Him alone . This was Hyperbolicall , and spoken to stir envie ; yet thus far it was true , that he had more of all these than any other one man , and so much as all his enemies were not able to match or impaire . He had added to his friendship great parties , the Lord Maxwell and Hamilton . Maxwell married his Niece ( a daughter of his brother David , and sister Germain to Archbald Earle of Angus ) and the Lord Bothwell also had married her sister Margaret , Relict of Walter Scot of Balcleugh . The Lord Hamilton had been in great enmitie with him ; for ( besides the publick cause of Regent Murrays death ) he with his brother Claud of Pasley , had killed Johnston of Wester hall , a follower and depender of the house of Angus . At that time the Countesse of Cassills ( Lyon by name , of the house of Glames , and a near Cousin to the Regent ) was a widow . Whether the love to that Lady brought on the reconcilement , or their reconciliation occasioned the affection to the Lady , it is hard to say ; but so it was , that Hamilton suited her in marriage , and obtained his suit ; and by this all quarrels , and more especially that slaughter of Westerhall was taken away . And for the better satisfaction herein , both the brothers ( the Lord Hamilton , and Claud of Pasley ) made publick obeysance to Archbald Earle of Angus , in the Palace of Haly-rood-house , by coming the whole breadth of the Inner-Court thereof bare-footed , and bare headed , and falling down on their knees , holding each a naked sword by the point , delivered it to him to take hold thereof by the Pommell . This was in the yeare 1575. the seventh of March , being Monday , A●… this , Hamilton was married to the Lady . Yet may it bee doubted , whether he acquired more friendship in private by them , than he furnished matter of obloquie in publick to the countrey ; because both these brothers were accounted authours or accessarie to the killing the Earle of Lennox , ( then Regent ) and the Kings Grand-father ; as also they had been of that of Regent Murray . These slaughters all the Nobilitie ( especially of the Kings side ) had solemnly sworne to avenge : and now by this hee seemed to neglect that quarrell , and his oath , and that he had more care to be satisfied in his own particular , for the slaughter of one mean man his depender . It grieved particularly William Douglas of Logh-leven , who desisted not from the pursuit of those that had slain his brother Murray : after a privat manner , seeing he could not get publick justice executed ; twice he set upon the Lord Hamilton , as he was coming from Arbrothe , and chased him so , that he was constrained to return to Arbrothe again . Another time as he was coming through Fyfe , he made him flee to Darcie , which he beset & lay about it , till the Regent sent to him , and commanded him to desist . However , by the alliance of these Noblemen , he seemed more strengthened & more secured . The Earle of Angus ( his Nephew ) was married to the Lord Ereskins sister , daughter to the late Regent , Earle of Marre , a Lady of rare beauty and vertue , and worthily made choice of by Morton who was author of the match , both because of the Ladies deserving , as also for that it not a little seemed to strengthen him , seeing her mother and uncles ( during the minoritie of her brother ) had the custody & education of the young Kings person , which was the only way to attempt any thing against his Regencie . Whether these things begat in him security , and security bred carelesnessè to entertain mens love , from whence did arise a loathing of him in all estates , & coldnesse in particular friendship ; or what ever the occasion was , certain it is , that he keeped his place more by the estimation of all , than by the affection of many , on the occasions following . We shewed before , how in matters of Church-government , he ever inclined ( as the most politick course ) to the estate of Bishops . The name was yet retained by custome , the Rents were lifted also by them ( as we have said ) more for other mens use & profit , than their own . They had also place & vote in Parliament after the old manner , and he would gladly have had them to have kept their power and jurisdiction over their brethren . M. John Douglas being dead , he filled the place by putting in M. Patrick Adamson his domestick Chaplain , who then followed that course , thoughbefore he had preached against it . Many were displeased herewith , all the Ministers ( especially they of greatest authority ) & all men of all estates that were best affected to Religion . He endeavoured also to have put the charge and cure of more Churches into one Preachers hands , that there being the fewer to provide of stipends , the Kings revenues ( who paid them out of the thirds of the Church lands ) might be increased by the surplusage which remained to him . Hee did so eagerly presse this point ▪ that some thought it necessary to write against this course ; namely , Master John Davidson ( Minister at Salt-Preston ) then a Student at S. Andrews . Him he caused to be summoned to under-lye the Law , and to be indicted criminally , and being entreated for him ▪ he shewed himself so animated against him , that he durst not under-go his triall , but fled to England , with the consent of those that were bail for him ; of whom he exacted the summe to the full , and they willingly did choose rather to pay it , than to expose their friend to the hazard of his wrath . The Printer of the Book Robert Lake-privike , was convicted by an assise or jurie , and committed to the Castle of Edinburgh . It was also hardly taken , that he sought to diminish the authoritie of the Generall Assemblies of the Church , by refusing to be present ( being desired ) at an Assembly holden in Edinburgh the 6. of March , 1573. which was very frequently and solemnly kept almost by the whole body of the Countrey ; the Nobility , Gentrie , Commissioners from Burrowes , as the custome had alwayes been , and as he himself before had been present at them . Yea , he began to question the priviledge and libertie thereof , by asking the Commissioners ( which were sent from them to crave his assistance thereat ) who had given them power to assemble the Kings Lieges without his leave , who was in authority : With this unlooked for demand , they were dashed at first , but re-collecting and gathering their wits again , they answered : He that gave power to preach aud hear preaching , gave power also to conveene in Assemblies : Neither doth it depend on man ( say they . ) He said , that was treason . They answered , That if so be , then all the Apostles were Traitours , and the primitive Church in time of persecution . He said , That they conveened onely to preach the word : They answered , That they conveened to advance , facilitate , and set forward the preaching of the word , and that was to preach also . But however , if to conveene without the consent of the Magistrate were unlawfull , preaching was also unlawfull , unlesse they should preach to the Wals. A little velitation thus passed , he in end refused to goe , which did so grieve them all , that a publick Fast was appointed to pray for diverting and averting of such things as he seemed by this to intend against the accustomed Assemblies . He propounded to be reasoned , whether the supreame Magistrate should not be head of the Church , as well as of the common-wealth ; and there were Divines appointed to dispute it for the Church , Master James Lowson ( Minister at Edinburgh ) the Laird of Dun ( Superintendent of Angus ) and Master John Spoteswood ( Superintendent of Lowthian ) and James ( or Master David ) Lindsay . For the Regent , there was the Justice-Clerk , Master David Borthwick , Sir James Balfoure , and William Douglas of Whittingame . These met at Edinburgh in the Abbey , and conferred for the space of 12. or 13. dayes ; but hee finding no appearance of obtaining that point , dissolved the meeting till a new appointment . The Commons , and chiefly the Town of Edinburgh were offended with him , because he had diminished the value of a certain brasse or copper coyne ( called Hard-heads ) and abased them from three half pence to a penny : and also the plack piece ( another brasse coyne ) from foure pence to two : which was done ( notwithstanding ) by the consent of a very frequent Convention , where the whole Nobility ( no Earle , Lord , or great man in Scotland being absent , except the Lord Hamilton , not then reconciled ) was present the 25. of February 1573. He licensed also the transporting of Corne out of the Countrey , against which he himself had made an Act , but now he dispensed with the Act for money . He committed all the Butchers of Edinburgh for forestalling the Market , and afterward dis-missed them , having paid a Fine . He held Justice Eyres , and raised a taxation under colour to c●… down the Woods of Hair-law ( on the Borders ) which was a place of retreat and refuge to out-laws , theeves and rebels . These things were interpreted to be done rather as a pretext to get Money , than for any other good use or end . He was in his own person loosely given ( his own Wife being frantick ) and his houshold servants were not much better , as it commonly comes to passe by imitation . They were also not altogether void of envie for their great wealth : nor of hatred , in regard of the way that men thought they got it , which was by receiving and taking bribes from such as had suites to him for obtaining accesse to him , or his favour by their means , and some such indirect wayes . Riches are ordinarly accompanied with hautinesse and disdaining of others , either really , or in mens opinion ; which doth again beget disdain in those that think them disdainfull . This was the generall opinion men conceived of his servants , from the highest to the lowest , even of his door-keepers and grooms . One thing did marvellously offend men : George Authenleck of Bawmannow having ( I cannot tell what ) small quarrell against one Captain Nisbet , being come out of Dalkeeth ( where the Regent kept commonly his residence ) and going up the Street , he met this Nisbet , where drawing his Rapier , he thrust him through , and leaving him as dead , he held on his way to the Tolbooth where the Lords of the Session sate , as though he had done no wrong , with great indignation of the beholders : and at night he returned to Dalkeeth , where he waited upon the Regent as before . This made the people to murmure both against him as the actour , and against the Regent as conniving thereat , who perhaps did not hear of it , at least for a certain space . This Authenlecks credit with the Regent was so great , that all suites ( for the most part ) were obtained by him : and therefore men of the best qualitie countenanced , and followed him , which was both observed and disdained . One day this man being in the Tolbooth within the Inner-Barre , Oliver Sinclar ( sometime Minion and Favourite to King James the fifth , who was now at Court ) standing at the Middle ▪ Barre , intreated earnestly to speak with him , which having obtained with difficultie , when the other asked him what he had to say to him : Oliver answered , I am Oliver Sinclar , and without saying any more , left him ; as if he should have said , Be not too proud of your courtship , I was once as you are , you may fall to be as I am . This was matter of much talk a long time . The Nobilitie grudged to see the Regent and his servants to ingrosse all matters of profit and commoditie to themselves alone . If any Writ were to passe , it passed through at the highest rate ; few casualities were given cheap , fewer gratis . The marriages of Wards , the gifts of escheit , re-abling , or naturalization , were bestowed all upon his Domesticks . They were neglected in these things , and in other things also of a higher nature , their advice was not often sought , nor themselves much imployed , as if he had not stood in need of them . The Earle of Argyle was mightily incensed against him upon this occasion . He had a Jewell which had sometime belonged to Queen Mary , which was an ensigne of precious stones , set in forme of the letter H ( for Henry ) which his Lady had either gotten from the Queen ( who was her sister ) to keep , or some other way in a token perhaps ; the Regent re-demanded it as belonging to the King , and when he got it not by request , he sent an Officer of arms to him , and charged for it ; whereupon it was delivered to him , but with great alienation of his heart and affection ever after . His most near and particular friends wanted not their own exceptions and grievances against him . In the East and middle March , he planted strangers amongst them , as Arch. Auchenleck ( brother to George ) and Arch. Carmichael ( brother to John Carmichael of Carmichael ) in the Merse . These he married to two Wards ; the last to one Hume , Inheretrix of Edrem ; and the former to one Sleigh of Cumblege ; notwithstanding that she had gone away with Patrick Cockburne ( brother Germain to the Laird of Langton ) who had kept her certain dayes , yet he caused an Officer of arms to charge him to deliver her , and so she was exhibited , and married to Auchenleck . Both these march with the Lands of Bonckle , belonging to the Earle of Angus ; and therefore this planting of these men there , was not well taken , but was interpreted , as if hee had meant to strengthen himself there by them , and to acquire dependers there for himself , not leaning or trusting sufficiently to those of the Earle of Angus , or his friends in that Countrey . The purchasing of the Lands of Spot to his naturall son James , wrought him both hatred and hurt ( in the end ) for it quite alienated Alexander Hume of Manderston . This Alexander had to wife a sister of George Hume of Spot , and by her divers children , of which one was George , afterward Earle of Dumbar . George of Spot having but one daughter , had taken to him , and ( in a manner ) adopted this George sonne to Alexander , with resolution to bestow his daughter on him in marriage , and with her his whole estate . It fell out afterward , that John Cockburne of Ormeston married a daughter of Alexander of Manderston . This John having some difference with Spot about some Lands , the very day before his marriage , rode with his Company , and did eat up the Cornes that grew on the controverted Lands which Spot had sowne . The next day Spot being at the Wedding of his sister daughter , complained of the wrong done to him , but received small satisfaction , either of the Bride-groome , or of his brother-in-law , who was loath to offend his new Allie . Spot conceived such indignation hereat , that to be revenged of Manderston , he resolved to sell his estate , and to bestow his daughter somewhere else , and so to disappoint his sonne George . Wherefore he addresses himself to the Regent , and offers his daughter with his whole estate to his sonne James . The Regent , nothing slack to such an occasion , without more scruple or any question , transacted and contracted with him , and the marriage was accordingly accomplished betwixt Anna Hume , and James Douglas who got by her all the Lands pertaining to her father George Hume of Spot , his life-rent onely being reserved . By this mean Alexander of Manderston , and his sonne George were debouted and frustrate , which did so incense him , that from that time forward , he lay in wait ( as it were ) and watched for an opportunity to be revenged of the Regent . There lyeth near unto these Lands of Spot , the Lordship of Thurston , which belonged by inheritance to Craigie-Wallace , but was possessed by Sir George Hume of Wedderburne , and had been possessed by his Predecessours of so long a time , that it is thought to have been their possession before they had Wedderburne , for eight or nine generations . The right they had was sometimes a Lease , sometimes ( the Lease expiring ) kindlinesse onely . At last , the King having given to Wedderburne the Lands of Dundonald ( which lay hard by Craigie Wallace Gates ) Wedderburne puts him in possession of them , and retaines his possession of Thurston , wherewith they rested both a long time well contented and satisfied . This excambion being reall , and without Writ on either side , it fell out that the Kings Lands ( which had not as yet bin set to feud ) coming to be set out , they that were intrusted therewith , finding Craigie-Wallace in possession of Dundonald , gave him a legall right to it , and so he had the right both of it and Thurston . Hereupon he warnes Wedderburne to remove from Thurston , as having no right thereto , but he kept his possession . On this ensued no little trouble , by reason of Waughtons assisting of him , who had married Craigie-Wallace sister . Afterward Sir George of Wedderburne ( Uncle to this Sir George ) marrying a daughter of Waughtons , matters were taken up and accorded , and Wedderburne was no more molested . The Regent knew all this very well , and yet notwithstanding hereof , the nearnesse of Thurston to Spot , and his desire to enrich his sonne , made him to send for Craigie-Wallace , and buy his title and right from him to Thurston . T●…en he sends for Wedderburne , tels him what he had done , and that he did not mean to make him a loser thereby : and therefore desires to know what satisfaction he would have for his right and interest . He answered , That he desired nothing but his own , and that onely could content him . The Regent replyed , That he had now bought that : And the other answered , That he was the more unkinde to buy that which he knew to be his by so long and kindly possession . No other in Scotland ( sayes he ) would have bought it , nor you , my Lord , if you had not been Regent . This he bore patiently , as a free speech of a justly offended friend ▪ yet he still pressed him to know what contentation he would have ▪ but the other persisted in his former answer , That his own would onely content him . So they parted , being divided in words and minds , concerning this particular , but without breach of friendship . After a while the Regent ( to bring on the matter more freely , and to necessitate him thereto ) makes warning , and no objection being made , obtaines a decreet of removing against him . Wedderburne to shew what little account he made of these doings , fals a building on it , that he might know he had no intention to remove . He had a Lease which was not expired as yet , and there were two or three years thereof to run ; but he would not make use of it , but kept it up , par●…ly to trie the Regents intention , partly reserving it as a ground of reduction , if it should need . Thus they continued all the time of his Regency ▪ after his dimission the difference was taken away by William Douglas of Logh-leven , after this manner ▪ Wedderburne got one half of the Lands ( the Manour-house , and what lay about it ) and a full and perfect right thereof , and did quit the other half , which was let out in Tenantry . Sir James Hume of Coldenknows , and Alexander Hume of Huton-hall were also alienated from him , but I know not what the occasion of it was . In Tiviotdale William Ker of Cesford , and Andrew Ker of Fadunside were likewise displeased , and had fallen off from him for some hard usage . Hee had banished William Ker of Ancram , for the fewd betwixt him and the Rutherfords , of whom hee had slaine one . His fathers house of Ancram was seized , and given in keeping to his enemies the Trumbles . His mother ( a daughter of the house of Wedderburne , and the Regents Cousin Germane ) had often sued to him , to have it restored to her and h●…r husband , but could not prevaile with him . At last , she found means by her self and her servants , to get into the house ( being negligently kept ) and turning the keepers out of doores without doing them any harme , dwelt in it with her husband , and her other sonne Robert. William absented himself from publick view , and remained sometimes in England , but most part in Wedderburne , both in Sir Davids , and Sir Georges time ; neither was the Regent very carefull to pursue him , or search after him ( though hee knew of it , and they made no bones to confesse their receiving and entertaining of him in their houses ) yet would he not release him from his banishment , being loath to displease the Trumbles and Rutherfords , whose service was very usefull to him . He tolerated also John Hume ( sonne naturall to John , called of Crumstaine of the house of Wedderburne ) who had been with William Ker of Ancram in all his troubles , so farre as at the meeting which the Regent had with the English ( after the Red-swire ; ) he being in company with Wedderburne , the Trumbles and Rutherfords perceiving him to be there , went to the Regent , and complained that he was suffered to live in the Countrey , being a Rebell , and one that had so much wronged them . Let him alone ( sayes the Regent ) and do not meddle with him at this time , when he hath so many of his friends about him : for if he were now challenged , it might trouble you and me both . Some few dayes after this , he went to Tantallon with Wedderburne , where having kept himself out of the Regents sight all the day long , at night ( when the Regent was gone to bed ) he fell to Cards with the servants in the h●…ll . The Regents Chamber was hard by , and he , not resting well , arose and came forth to the hall in his night-gowne to look on their gaming : By chance John sate next to him , and he leaning with his hand on his shoulder a long time , without knowing who he was , at last going away to bed again , he perceived it was he , and smiling , said to him , GOD make you a good man ; and so went his way . From thence forward John conversed in publick and came ordinarily into his sight and presence without being challenged , as if he had been formally released from his banishment . The Earl of Angus himself had his own discontents ; and thought him too carefull to preferre & provide for his natural sons , and not so careful of him as he should have been . Besides , these that thought themselves dis-obliged , he had professed enemies that hunted for all the advantages against him they could devise ; at home the Castle faction ( Master John Metellane , Sir Robert Melvin , Pittadraw ) and abroad in France , the Lord Seton , Farnihaste , Waughton ( who was not very busie ) the Bishops of Glasgow , and Rosse , Ambassadours , and Agents for the Queen . These things , like warts or freckles in a beautifull body , seemed to stain the lustre of his government , and though they may be thought but small slips and weaknesses , yet they made impression in the mindes of some , and in the own time brought forth hard effects , albeit in respect of his place , wisedome and power ( like slow poyson ) they were long ere they did shew forth their operation . There fell out a businesse in the year 1576. the 7. of July , which men looked should have brought on warre with England . Sir John Forester , Warden of the middle March in England , & Sir John Carmichael Warden for Scotland , met for keeping of the Truce , at a place called , The Red Swire . There the Scottish Warden desired that one Farstein ( an English man ) who had been filed by a Bill of goods stolne from Scotland , should be delivered ( as the custome was ) to the owner of the goods , to be kept by him untill he were satisfied for them . The English Warden alledged that the man was fugitive , and so the Warden was not bound to answer for him , or deliver him , but the party endammaged was to seek redresse of any that should be found to receive or harbour him in their houses . Sir John Carmichael taking this not to be spoken in sinceritie , but for a shift to frustrate justice , urged and pressed the matter more hardly , desiring him to speak and deal plainly , without sparing any ma●… for fear or favour ; but regarding onely what was just and right , according to equitie and reason . Sir John Forester thinking himself taxed of partialitie , beganne to bee angry , and in a contemptuous manner bad Carmichael match himself with his equalls , and not with him , who was above him both in birth and quality ; and therewith hee rose up from the place hee sate in , and walked a little away from thence . The English Borderers ( chiefly they of Tindall ) being all Bow-men , when they perceived their Warden displeased , glad of occasion to trouble the Peace , sent a flight of arrows amongst the Scots , whereby they killed one of them , and wounded diverse . The Scots who looked for no such thing , and were gone some to Cards , and some to other Pastimes , being scattered here and there , fled at the first many of them . At length some few ( about twenty persons ) taking courage , and calling to the rest to stay and stand to it , they joyned together , and charged the English so fiercely , that they slew divers of them , amongst whom was Sir George Heron , a worthy Gentleman , and well beloved of both the Countreyes , whom they would have been loath to have hurt , if the heat of the conflict had not carried them to it unawares . Sir John Forester , and the Gentlemen that were with him , were taken prisoners , and brought into Scotland to the Regent . He entertained them kindely , and honourably , but detained them as lawful prisoners , and breakers of the Peace , till the Queen of England sent for them . It was expected that this should have bin an occasion of warre ; but the Regent was nothing afraid of the matter . He knew them , and they him ; he entertained friendship with them after his wonted manner , and sent many Scottish Falcons for a present to the Courtiers of England , whereof one made a jest , saying , That hee dealt very nobly and bountifully with the English , in that he gave them live Hawkes , for dead Herons , alluding to Sir George Heron , who was slain . The businesse came to a treatie , and the Regent came in person to Foulden in the Merse , where the English Commissioners met him . They agreed on these termes , That the goods should be restored , and for satisfaction and repairing of the Queens honour , Carmichael should go to London , and come in the Queens will. He went as far as York , where being come the 26. of September , he was detained there some five or six weeks , and so was dismissed . Concerning restitution of the Goods , the Regent caused make a Proclamation , by which he commanded all that were on this side of Forth , to come to him at Edinburgh the 8. of October , with provision of victuall for twenty dayes , intending to go to the Borders . But he continued or adjourned the diet till he should give new advertisement ; for the Borderers ceased from their stealing , and took order for restoring what they had taken . Afterward he held Justice-Courts at Peebles and Edinburgh , which was interpreted to be done , more for getting money , than doing of justice . The townsmen of Edinburgh were especially aimed at , & most carefully summoned ; yet they were continued and cast over to another time ; only they paid a thousand marks Scottish for Bullion , which the Merchants are bound to furnish to the Mint , but had neglected to do it . During the time of his Regencie , he met with one private conspiracy , of which John Semple , son to the Lord Semple was author ; upon what ground or motive I know not . It was revealed by one Gabriel Semple , who being confronted with John before the secret Councel , avouched it , and offered to make it good by combate : But it needed not , for John confessed it , and was thereupon condemned to be hanged , quartred and drawn . Yet when his friends interceeded for him , the Regent ( nothing bloud-thirsty ) did onely send him to the castle , there to remain during pleasure ; which not being declared , he was kept there during his Regency , after which he was set at liberty . In the year 1577. the 4. of March , the Nobility assembling at Stirlin , concluded that the King should take the government into his own hands , and should be guided by a Councell , and the Regent deposed . No cause was given out , nor could there be any sufficient reason pretended . The King was not yet 18. years of age , which was the time limited and set down in the Act of the Queens dimission for him to be governed by Regents . At most he was but 11. or 12. years old , When these newes were brought to the Regent at Dalkeith , being astonished therewith , he came to Edinburgh ; but little countenance was made to him by the townsmen ; few came from the countrey ( no Baron almost of note , save Wedderburn ) none of the Nobility , so far were they alienated from him in affection . And indeed though they had intended to have come in to assist him , he gave them no time to do it ; for , ere they could have come ( as my Lord Boyd only did ) he had dimitted his Regencie ; and was so far from making any impediment or let to the Proclamation , that he assisted a single officer with a trumpet , who came to proclaime the Kings authoritie , and publickly laying down his Office , he took instruments of his dimission . The next day when the Lord Boyd came to him , hee chid him soundly for this his haste ; and even he himself , when he had thought better on it , was angry with himself , that hee should so rashly and unadvisedly have given way to his enemies , who used the Kings bare name against his authoritie , which was to last five or six years longer , and was established by the Laws of the Kingdome , and Act of Parliament ; unto which they themselves had consented and given their approbation . Whether or not hee did best in dimitting , it may be disputed on both sides . The adverse party seemed strong , Argyle , Athole , Crawford ; yea also ( which did most astonish him ) his friends Glames , Ruthven , and Lindesay ; his most cherished , Pitcarne ( Abbot of Dumfermling ) Secretary , and Tillebardin Controller ; he had the ill-will of the Burrows , especially Edinburgh . And yet having right and the law on his side , some would have regarded that ; the multitude ( so mutable ) might have been reconciled , and the Faction dissolved ( being glewed together by nothing but common discontentment ) by contenting some , and putting some in hope of having place in managing the affairs of the Kingdome . Neither could matter of division have been long wanting amongst themselves , where there were so many heads , such diversitie of judgement , and so many severall aimes and intentions . If hee had but stuck to his right declared , and claimed it , and in the mean time kept himself safe by his own power and friendship in Dalkeith or Tantallon , it is possible , and not improbable that hee might have dis-appointed them . But hee left that way , and having dimitted the authority , he rendered also the Palace of Haly-rood-house , the Mint and Coyning-house , with the printing irons ; also the Kings Jewels , and what else belonged to the Crown was delivered to the Lord Glames and Maxwell , who were sent from the King and his new Councell to receive them . And good reason he should do so , for now they were no more his , seeing he was no more Regent , having dimitted the authority , he could not retain them . Yet he did not so with the castle of Edinburgh , which the same two Lords had also commission to receive . His brother ( George of Parkhead , as we have said ) was Captain of it , who not being well provided of Victuall before , he found that it was then too late to begin . For seeking to Victuall it both privatly and openly , hee was hindred by the Townsmen , whereupon ensued bloud-shedding and slaughter . The Town had placed a Guard about the Butter-market ( where the Weigh-house now stands ) and the Constable of the Castle Archbald Douglas ( brother to John of Tillie-whillie ) issuing forth , set upon the Guard before they were aware , and having killed two or three of them , retired to the Castle again . This did no good ; it procured hatred toward himself , but purchased no Victuall to the Castle . Wherefore the Guard being more warie , he was so straited for want of Vivers , that he was forced to surrender it to the Lord Ruthven and the Lord Lindsay the first of April 1578. In this mean time ( some fourtnight before , the seventeenth of March ) the Lord Glames Chancellour , was slaine at Stirlin . There had been some old quarrell betwixt the Earle Crawford and him ; but now both being on the Kings side , they were upon termes of agreement or assurance . I●… happened so , that as the one was going to the Castle of Stirlin , and the other coming from it , they rencountred in a narrow Lane. Both of them commanded their followers and train to give way , which they did , and were now all passed save two of their servants that were last , who having first justled one another , drew their Swords , and flew to it . Hereupon both their Lords with their Companies turned , and began to skirmish ; where the Lord Glames being a tall man of stature , and higher than the rest , was shot with a Pistolet , and so died . It is uncertain who it was that shot him , but many thought it was Crawford himselfe , because he was very skilfull in shooting with a piece . Wherefore he was committed to prison , but was released again soon after , without further triall or enquiry : Whereupon followed great enmity and mischief betwixt these two families of Crawford and Glames . It was observed with admiration , that the news of this slaughter , which was committed about five a Clock in the after-noon , was reported punctually and perfectly at Edinburgh by six , there being 24. miles distance between . It appears by this , that if Morton had not laid down his authority over hastily , other such things might have fallen out to have divided that faction , which might have furnished him with matter enough to have wrought out his own continuance therein . But now having laid it down , he must play the after-game as well as he may . There were chosen to be of the Kings Councell , Argyle , Athole , Montrose ; the Bishop of Caithnesse ( Montroses Grand Uncle ) the Abbots of Dumfermling , and Newbottle ; the Lord Ruthven , Lindsay , and Oglebee . These coming to Edinburgh , he gives place , and withdraws himself , not to Dalkeeth ( it was too near ) neither to Douglas ( it was too farre off and out of the way ) nor to Tantallon ( it was a place of strength , and it might have been interpreted fear in him ) but to Logh-leven to his Cousin William Douglas , who was also a near Cousin to the Earle of Marre ; that from thence , and by him he might deale with them who had the Kings Person in keeping , and finde meanes to turne about the wheele againe , and to overturne them who had turned him ( in a manner ) out of his Regencie . There hee busied himself in making of Walks and Alleys , in drawing of Garden plots or knots , little minding any State affaires in appearanee ; or if any warie wit did suspect any thing of him , or any clear eyed Lynceus , or well sighted Argus espied some designe ( which was very hard for them to doe ) yet most part saw nothing ; and there were but few that suspected any thing , and none that could help or hinder it . For so hee brought it ( as most men think ) or so it came to passe , that Alexander Ereskin ( brother to the late Earle ) a man of a good easie nature , and no ill disposition , and who , though of himselfe hee were nothing factious or malicious , yet he had been an instrument , whom the other partie ( Argyle , Athole , &c. ) had used to turne Morton out of his Regencie , by admitting them unto the King , who was committed to his charge as Captain of the Castle of Stirlin , and Tutour to the young Earle of Marre , was himselfe almost after the same manner turned out of his charge of keeping the King and Castle . For as the King had been moved to take the government upon himself before the time appointed , so the Earle of Marre was moved to take upon himself that his own charge ( of keeping the King and Castle of Stirlin ) before his time , being not yet of age nor Major . The manner of it was this : One morning ( the 26. of April 1578. the Earle got up betimes to go a hunting , and sending for the Keyes of the Castle Gate , Alexander ( his Uncle ) came himself in person , and having opened the Gate to let his Nephew forth , he himselfe and his servants were thrust out at the Gate by the Earle , assisted by his own naturall brother , and his Uncles the Abbots of Cambskenneth and Driebrugh ( very worthie , kinde , upright , and honest Gentlemen ) and so he took the Keyes and keeping of the King and Castle into his own hands the 27. of April 1578. ( as my notes say ) and so not above 7. weeks after Mortons dimission of his Regency . Whether or not Morton imployed Tillibardine in this work , and gave him Money for it ( he being Uncle to the Earle of Marre ) I cannot affirme it , though I know it was reported ; neither indeed can I say confidently that Morton plotted this businesse , and that it was his doing , or what hand he had in it , or whether it were nothing else but division amongst themselves . However it were , by this meanes the designes of the new Counsellours were turned to nothing . They had ( the 9. of April ) chosen the Earle of Athole Chancellour , and indicted a Parliament to be held the 10. of July , and had consulted of many Articles to be concluded therein . Upon the newes of this change , they go to Stirlin , but the Castle was kept so close , that they were not suffered to come in , save one at once . There they had some meetings in the Town , and afterward returned to Edinburgh the 8. of May. Morton waa come to Dalkeith a little before ; wherefore they send to him , and desire to conferre with him . He came to Craig-Miller , and there spake with Athole and Argyle , and at last ( after much tossing of businesse ) they agreed so well , that they went with him to Dalkeith to dinner . On the morrow ( the 9 of June ) Morton goes to Stirlin , and was friendly received by the Earle of Marre into the Castle . The rest followed that same day , so that the whole Nobilitie was assembled together the tenth day . By their advice the Counsell was changed , and Morton made Principal and President thereof . The Parliament by Proclamation was transferred to Stirlin , there to be held the twentie fifth day of July , whither the Lords of Parliament were ordained to come with their ordinary train . The other Lords , Athole , Argyle , Montrose , Lindesay , Oglebee , Maxwell , Harris , and the former Councell conveened in Edinburgh , and sent Montrose and Lindsay , to excuse their absence , and to give the reason and cause of it , because ( as they alledged ) the Parliament was not free , being kept within the Castle of Stirlin , and both King , Castle and all in the Earle of Marres power . All this notwithstanding the Parliament held , wherein there were not many things concluded . The chief things were a discharge given to Morton for his government , during the time of his Regencie . An ●…xoneration to the late Earle of Marre ( who had been Regent ) for his keeping of our Soveraigne Lords Person within the Castle of Stirlin . The Lord Hume was also restored from his forfeitrie , by the meanes and procuring of Sir George Hume of Wedderburne , with the consent indeed of Morton ( whom he solicited for that end ) but against his opinion and advice . For he told him freely , that he thought it was not his best course ; for ( sayes he ) you never got any good of that house , & if it were once taken out of the way , you are next , and it may be you will get but small thanks for your paines : Sir George answered ; that the Lord Hume wa●… his Chief , and he could not see his house ruined ; if they were unkinde he could not do withall , that would be their own fault ; this he thought himself bound to do , and for his own part , whatsoever their carriage were to him , he would do his duty to them ; if his Chief should turne him out at the fore-doore , he would come in again at ▪ the back-doore . Well ( sayes Morton ) if you be so minded , it shall be ●…o , I can do no more but tell you my opinion , and so consented to do it : Yet Sir George had so ordered the matter , that he made no question to have carried it without Mortons consent by the Abbot of Driebrugh and Cambskenneth , to whom he was allied by his wife . Wherefore they are mis-taken that say 〈◊〉 did all , and that there was nothing done but according to his pleasure ; for hee was but accessary , and concurred ( as one of the chief and prime Noblemen ) but the house of Marre had the main sway at this time . At this Parliament , the wardenrie of the East march was taken from Coldinknowes , and given to Sir George of Wedderburne , and he thought it no robberie to take it , being given him . In August the other Lords ( with whom were Coldinknows and Manderston , Cesford and Fadunside ) assembled their forces , and having set forth a Declaration , that their purpose was to set the King at liberty , they marched from Edinburgh to Fawkirk . Neither was Morton slow in gathering together his friends at Stirlin , with resolution to have tryed the hazard of a battell . The Earle of Angus went out divers times , and skirmished with them , but there was no great hurt done . Onely in a single Combate or Duell ( upon a challenge ) which was fought on horse-back with Lances , one Taite ( a Tividale man that belonged to Cesford ) was slain by James Johnston a follower of Angus , he also being sore wounded . At last they came to an agreement , and lest they should seem to have done nothing , they condescended that the King should be brought to Edinburgh or elsewhere , as they pleased , by the advice of the Nobility , which served little for their purpose ; for there was no time limited ; and when he was brought to the palace of Haly-rood-house ( the 30. of September 1579. a year after ) yet was Marre and Morton the chief men about him , and had greatest credit with him . But before that time it was concluded in Councell that the Lord Aberbrothe and Claude of Pasley his brother should bee pursued as slayers of Lennox and Murray ( late Regents ) which was done accordingly . But they themselves having fled into England , their servants were taken , and some executed , others imprisoned , and their Lords Houses demolished . This motion is thought to have proceeded chiefly from the house of Marre and Logh-leven . Wee hear of no new occasion given by them , for they remained neutrals , and did not side with either partie at this time . Mortons part was , that he remained a spectator , and was contented that mens minds should be taken up with some other thing , and not have leasure to think of him , and his late greatnesse , and that their furie should be powred forth on somewhat else . While they remained yet at Stirlin , the Earle of Athole died suddenly , which was matter of much talk , and gave occasion to Mortons enemies to lay that foule aspersion upon him , that he had poysoned him . For all the Doctours did affirme that he was poysoned , save onely Doctour Preston , who said it was no poyson ; but being desired to taste of it , and having onely touched a little thereof with the tip of his tongue , it had almost cost him his life , and he did never after fully recover , but languished and was sickly so long as he lived . Wherefore seeing it was certainly poyson , Who could give it him ( said they ) but Morton ? And yet they could never tell how he could doe i●… . For hee was not in Mortons lodging , nor Morton in his , as they knew , and doe themselves confesse . Neither were any that belonged to Morton in his house , and though they had beene , they were neither Cooks , nor Cup-bearers , nor Carvers to him . So blinde is malice , or so malicious are impudent detractours . Morton cleared himselfe of this imputation at his death . And yet there are some to this day , that are not ashamed to report it . In the next yeare 1579. in June , upon the Kings longing to be abroad , it was concluded in Councell that he should go to Edinburgh the 25. of September next , but he came not till the 30. day thereof . Morton and Marre were still with him as his chief Counsellours . They invited him to Dalkeith , where hee remained a certain space , and returned to the Abbey of Haly-rood-house the 16. of October : The day following hee made his entry through the City of Edinburgh with great solemnity and pompe ; with great concourse and applause of people , rejoycing to see him whom they loved heartily and dearly , as they testified by their acclamations and prayers , powred forth for his safety and welfare . After this ( on the 20. of October ) he kept a Parliament , extant in the printed Acts. Hitherto wee have seene our Earle of Morton , though not an absolute Favourite of fortune , yet so cherished by her , that howbeit shee did now and then frown on him , yet shee seemed rather to try his strength whether or not he were able to endure a storme , and ride it out with resolution , than that she meant to over-whelme him in her waves ; for the issue did ever prove advantagious to him , and he became rather a gainer than a loser by his sufferings . But now having raised him to the highest dignitie and pitch of greatnesse that a subject was capable of , according to her accustomed levitie , all of a sudden turning down that was up of her wheele , she brings him so low as to lose life and estate . There is nothing more deserves our observation , than these vicissitudes of great places , to see men of low made high , and than again falling from their height and greatnesse to become low , which is to be seen in this last Act and Catastrophe of his Tragedie , so notably as is rare to be found elsewhere . Who could and would truly discover the depth of the mysteries of these times , and tell exactly who were the chief plotters and first movers of this work , and who were the instruments and executers thereof , as he should do a piece of good service for clearing of the truth of things to posterity , & the ages to come , so do I confesse for my own part , that it is too hard a task for my self to performe , and more than I will undertake or promise to do . All that I can do is to set down the actions which are evident in grosse , and to follow such conjecturall probabilitie in the narration as my weak judgement can lead me to . We have heard how the King & Queens factions did long contend , and how Morton had ever been on the Kings side , and how in his Regencie he had so handled businesse , that they that stood for the Queen had yeelded and acknowledged the King and him as Regent . The keeping of the Castle of Edinburgh was the last Act of opposition , and with the yeelding of it , all was whisht . Lithington and Grange were taken out of the way , who were the strongest or the stoutest upholders thereof . Yet the Society was not quite broken or extinguished with them . Master John Metellane ( sometime Priour of Coldingame , and brother to Lithington ) Sir Robert Melvin ( uncle to Grange ) Pittadraw , the Bishop of Dunkell , and some others remained . These he had committed to prison for a short while ; afterward had pardoned them , and set them at liberty . They kept still their old minde , entertained mutuall friendship and correspondence , and wanted onely occasion to shew the effects of their former disposition : Especially Master John Metellane , and Sir Robert Melvin bore great hatred to Morton ; the one for putting his Nephew Grange to death , the other because he supposed Morton would have done as much to his brother , if he ( fearing so much ) had not prevented it by poysoning himself , as the common rumour was . Besides these private grudges , the publick cause did also egge them on and animate them against him ; which they never forgot , and looked upon him as the man who had beene the bane thereof . Yet they set it on foot again , by 〈◊〉 of it openly , and advancing it ( all they could ) secretly and indirectly ; using all the means they could to make all things work for the Queenes advantage . She had her Agents and Ambassadours in France , together with her Uncles ( of Guise ) and wanted not her under-hand Favourers in England , that still had their eye upon her ( as upon the rising Snnne ) whom they esteemed the hope of their Religion . Their suite now was ( who would not think it so ? ) both plausible and modest ; to joyn the mother and the sonne in an equality of government , being so near joyned in nature . It could not but be for the good of the Countrey , and make much to confirme and strengthen their title to England . Thus they said ; but how can this bee done ? He is in possession of the Crown , how can it be taken from him again ? How can he be desired to dimit ? And though he would demit , yet those of his party will never be contented that he should doe it . On the other side , Shee is living and dis-possessed ; but who that hath ever worne a Crowne , can live and bee content to want it ? What other mids then , and meane can bee found out , but association in the Crowne ? So shall both have it , and both be satisfied , a happy society , from which will flow the sonnes love , and the mothers blessing . All shall so goe well , and it will bee easie to perswade a childe ( though never so wise ) being unacquainted with such things , especially one that is so gentle , and of so towardly ▪ disposition : onely the difficulty will bee to move his old friends thereto ; they will never consent to it ; they will bee jealous and fearefull of any party or equalitie in ruling , though of never so neare and deare friends : they will choke us with that old saying , Nulla fides Regni sociis , &c. They will thinke it a diminution to the Kings authoritie , which ought not to bee admitted either in effect , or in appearance . The grounds of his Title will seeme to bee brangled and overthrowne ; also his estate will bee made thereby more unsure , and doubtfull : The match ( though with a mother ) will bee too hard for him ; shee is elder , and so wiser , and more experienced , and may soon steppe up from this equalitie to a Superioritie , by questioning her former dimission , by revoking and recalling of it , as being done in prison , and so not free , nor voluntary . Thus shall the King bee thrust out of his place , the Countrey , his old friends , Religion , and all quite undone . Morton was too old a Cat , to draw such a straw before him , or to propound any thing tending that way : wherefore their best was to make him away , that so the plot might goe on . And much more good effect would come of that one stroke : Hee was rich , hee had faire lands and houses , a faire reward of all their pains and travell . And no question , his friends that should take his part , might bee involved , and insnared with him : Especially the Earle of Angus could hardly in this case of his Uncle , so behave himselfe , but occasion might bee found against him , which would bee a faire bootie . The facilitie of compassing a businesse doth often draw men on , and doth greatly prevail in all consultations . The new factions against him were very strong , yet ●…ee kept them downe , but it was meeerly by the Kings countenance ; if that were once taken away from him , the rest would prove but easie . And now to facilitate all , there fell out such occasions , as they could have wished , or as they had made . For in September , in the yeare one thousand five hundreth seventy and nine , Mounsieur d' Obignie was come ( or brought ) home : his name , his kindred , his carriage , his commission from friends in France , his comelinesse , his observance , his person did procure him credit with the King ; and this faction did privately insinuate with him , and openly thrust him forward into the Kings favour ; and put him out of conceit of Morton ; and indeed quite alienated him from him , and so by him the King , whose eare hee now had ; for Morton being such an adversary to the Queene , and so to France , Obignie to doe the Queene , and to doe France service , to pleasure the holy League ( himselfe being a Papist ) and to gaine the good will of this faction by whom hee was to rise to some great place about the King , was easily induced to promove their plotte and malice against him . Neither was there great difficultie in it : hee had lost many friends , offended all sorts of men ; the Burrowes , the Ministerie , and who so doth zealously affect them , so farre as that if they were not his enemies , they were but cold friends , and such as would bee but spectatours , and no wayes actours for him . There fell out also ( about this time ) in October ( 1580. ) an accident , which did him much hurt , and made for their purpo●…e . The Lord Ruthven having beene in Kincarn ( a house of the Earle of Montrose ) at the marriage of the Earle of Marre , as he returned to Perth , his way lying neare to Diplin ( which belonged to the Lord Olyphant ) and there being enmitie , and deadly fewd betwixt Olyphant and Ruthven : Ruthven notwithstanding , rode that way in view of Diplin . Olyphant tooke this as done in contempt of him , and therefore issuing forth with some horsemen , and some fire locks , followed them , and came upon them so unexpectedly , and with such advantage of weapous , that Ruthvens men fled presently , and their Lord was forced to doe the like . Onely one Alexander Stuart ( of the house of Traquaire , and a Kinsman of Ruthvens ) stayed behind the rest , partly to keep off the pursuers , partly to speake with Olyphant in fair termes , and was slain by a shot , from one that knew him not , sore against Oliphants minde , and to his great griefe and discontentment . The Lord Ruthven , seeking by order of law to repair his credit , and to be revenged for the killing of his friend , causes summon Oliphant to answer criminally before the Justice Generall . This Oliphant had married Margaret Douglas , daughter to William Douglas of Logh-leven , and now being pursued upon his life , was assisted by his father in law . The Earle of Morton would gladly have agreed the parties , but the fact being recent , and the Lord Ruthven ( together with the friends of the Gentleman that was slain ) having received such an affront and indignity , there was no possibility to take it away , save by law . Wherefore Morton joyned with the party that was pursued for his life , which hath ever beene accounted most Noble , most tolerable , and free from exception or quarrelling . Besides , Oliphant had not commanded his servant to shoote , neither did hee allow or approve ( but was sory for it ) in his heart ; but hee thought hee could not with his honour deliver one who followed him , and had done this rash fact , in and for his service , but was bound to defend him all hee could , and protect him from all danger , and harme , according to his power . Notwithstanding , of this , Ruthven was mightily displeased with Morton , for countenancing , and assisting Olyphant against him , and Master John Metellane , and Sir Robert Melvine ( who tooke part with Ruthven ) laid hold of the occasion , and blew the bellowes so , that they brought him to that point of unkindenesse , that hee could very well have beene contented to see Morton reduced to such an estate and condition , as that hee might neede his helpe , and bee sensible of the losse of so steadable and usefull a friend , as hee tooke himselfe to be . Wherefore , when hee understood that his enemies were plotting against him ( either for that he knew not that they aimed at no lesse then his death and finall overthrow , or if hee did know so much , because hee thought hee could give them a stop when hee pleased , and hinder them from attaining that point of their aime ) hee suffered the course to goe on , and perhaps helped it forward . The name of Stuart were also offended with him for assisting one who was accused of the killing a Stuart , and all this was aggreaged and aggravated by those of his opposite faction . Besides this , hee had shewed that hee was not well pleased with the Courtship and favour which Mounsieur D' Obignie had with the King ; because there was a generall suspition and feare , that hee was imployed , and would labour to corrupt and pervert him in his Religion . There was with Obignie , one Monbirneau ( who was thought to have been an actor and executioner of the Massacre in France ) extreamely dissolute in his conversation , and therefore much hated , feared and abhorred of all men , which did reflect upon Obignie for his entertaining , and familiarity with him . The Ministers spake and preached openly and plainly against them both , and the English Embassadour ( Sir William Bowes ) desired Monbirneau to be removed off the Counsell as such an one , and when it was refused , he likewise refused to deliver his message , or to shew his Commission , for so he had been commanded by the Queen and State of England . Morton withdrew himselfe as discontented , and retired to Dalkeith , either for dislike of the present estate of things , or out of feare and doubte of some danger , or inconvenient , or for both ; neither did hee come to Court or Counsell , but when hee was sent for by the King. This disliking of their wayes , made them to dislike the more of him , and his feare caused them to feare him more also : dislike and feare increased their hatred , and hastned their resolution to overthrow him . The way was laid , which was to charge him with the murther of the late King , the accuser ( either made choice of by them , or who did willingly offer himselfe ) was James Stuart ( sonne to the Lord Ochletr●…e ) a bold , venturous and aspiring young man. And so the last of December he was sent for , and being set in Counsell , he was accused by James to his face . The crime was , of being airt and pairt of the murther of the late King Henry . Being greatly moved herewith , he arose from the table , and purged himselfe with great vehemency , as innocent thereof : and offered to abide a legall triall , not onely of his Peeres , but of any Gentlemen whatsoever , though he himselfe were an Earle , and had been Regent . Hereupon hee was confined to his lodging , where he abode all the next day , which was the first of January , and the Sabbath day . So much leasure he had to bethinke himselfe of his case , and what were best for him to doe : he might have seen that it was a quarrell pickt against him of malice , seeing the crime laid to his charge was so hainous , as none but his mortall enemies would have broched , and such as sought his utter ruine . And hee might know that innocency is not alwayes a sure warrant and defence against such : and that it was dangerous to fall into their hands . On the other side , to avoid and shun a triall were halfe a confession of the crime , and would make him seem guilty ; nay it would make him truely guilty of contempt , disobedience and rebellion , which might ( perhaps ) bee the thing they sought ; through feare to drive him to some rebellious act , and so to involve him in a true crime while he sought to eschew a fals accusation ; his friends & followers advised him to take the first way , but he himselfe resolved on the second : for he supposed that they could not convict him by law , and that they would not proceed against him without law , having ( as he thought ) friends that would not suffer it , especially the Earle of Angus , being at liberty , and out of their power . But he had forgotten the old maxim of his predecessors , That it was better to heare the Larke sing , then the Mouse peep ; and their Proverb , Loose and living . On the second of January , hee had a warrant sent to him to enter himselfe prisoner in the Castle of Edinburgh , which he obeyed immediately . As hee went up the street , accompanied onely with his owne domesticks , James Stuart ( his accuser ) was coming downe , and as he passed by , hee said to him ( in an insolent and insulting manner ) fare well my Lord , goe on . His servants would fain have made an end of the accuser , if not of the accusation , but he would not suffer them by any meanes , but held on his way toward the Castle ( without replying any thing ) and so entred there a prisoner . This obedience of his is liable to bee diversly thought of by diverse , and is diversely censured by men ( according to that saying ) Laudatur ab his , culpatur ab illis , it is commended by some , and discommended by others . They blame his wisedome , that he should have trusted , and relied so much upon his innocency , as to have put his life into the hands of his enemies , who used the colour and shadow of the Kings authority , for their owne private ends , and to fulfill their owne malice , and revenge . Others commend him , that being innocent , he obeyed the King , and submitted himselfe to the lawes . The event gave judgement for the first , and all men since are of the former opinion ; yet it may be he did not rely meerly on his innocency ; and that he looked not to have had such a number of enemies , having never deserved such hatred of any ; and that he thought the Nobility would never give way to such extremity , which was an ill precedent and preparative against themselves . But however , God had his worke to bring to passe , and meant to humble him this way ; and therefore his wisedome ( which appeared at other times ) did now fail him , so that hee was confounded in his discourse and reason . There can nothing else bee said or alledged for this grosse errour in so wise a man. This is the first evident step of his falling . They might now doe with him what they pleased , and yet scarce all that they pleased , with safety and security . His Nephew the Earle of Angus was at liberty , and remained at Dalkeith , who being sent for to come to Court , refused to come ; yea , though he were charged under pain of treason by a Herauld to come to the King , yet he would not obey , but was declared rebell . Also Mortons keeper Alexander Ereskene ( master of Marre ) being an honest and kinde hearted Noble man , they could not use any violence toward him , so long as he was in his custody . Therefore they thought it best to send him to Dumbarton : and that they might doe it the more safely , they set forth Proclamations , discharging all men that had any relation to him , or that they suspected to favour him , to come within foure miles of any place where the King was , or should happen to be . So in the 17. or 18. of January , he was brought forth of the Castle of Edinburgh to be carried to Dumbarton . There it did appeare , how the change of mens fortune doth change the minds and affections of people toward them . When Morton dimitted his office and authority of Regent , none of the Citizens would take norice of him , or looke toward him : Now that hee suffers for a good cause ( as they esteemed it , to wit , opposing Obignie , and his courses ) they flock to him , and accompany him out of the town in such numbers and multitude , that his keepers were afraid of them . And that the rather , because some of his well-wishers had ( some nights before ) called the Captain of the Castle , and desired him not to deliver him , or to let him come out ; and had threatned , that if hee should deliver him , it should be remembred as an act of hostilitie , and hee reputed and used as an enemy . They that were his convoy were commanded , if any should come to rescue him from them , that they should kill him rather then suffer him to escape . The Queen of England by her Embassadour , Master Randolfe , interceeded for him , and told the King and Councell , that she understood that hee was a true and good Subject , a worthy Noble man , and free of that he was accused of . Shee desired that he might be tried by an assise ( or jury ) and that his enemy ( knowne to be so ) Mounsier d' Obignie ( now made Earle of Lennox ) who was also an enemy to the reformed Religion ( as being a Papist ) might bee removed off the Counsell . It was answered , that the King was not so farre bound to any forraign Prince , as to change his Counsellers at their request , or to trie his Subjects but where and when he pleased . The Embassadour discontent with this answer , gives up all bond of friendship , and having denounced warre , returned into his owne Countrey the 27. of March , 1581. Hereupon a taxation was imposed , and a company levied of 1000. foot , and some horsemen , to be a Guard for the Kings person . James Stuart ( the accuser ) was preferred to be a privie Counseller , is made Baron of Bothwell-haugh ( say the notes ) Lord Hamilioun , Earle of Arrain , and Captain of the Guard ; with most ample Commission to apprehend whomsoever he suspected , and to banish and punish at his pleasure ; especially any that favoured the Earle of Morton , of whatsoever degree , ranke or quality . But the English intended rather to threaten then to make war indeed ; and they knowing that well enough , went on with their intended projects against Morton . He being still kept prisoner in Dumbarton , learned a lesson there , which he had not well learned till then . Let the prophane be silent , and let mockers leave off their mocking , and let all mortall men know that there is a happinesse which consists not in honour or riches ; that there is a God who disposeth of all things , who is All-sufficient , and who is able alone to satisfie and content the mind : few there are that know , or consider it , but when t●…ey are brought to such a point ; and happy is he that can doe it then . He had heard of it before , and beleeved it , but had not taken it so fully to heart , nor felt it by experience . Now he sees , now he feels and findes it really , and experimentally . He contemns the world , and his riches are vile in his eyes , his glory vanity , and all his delights madnesse . He findes that one thing is necessary , and is all that is of man , which is , to reverence God. Hee sees his over-sight , in that he had been so slacke and carelesse thereof before : now he goes about it as he can , and labours to amend his fault ; hee reads the Scriptures , and meditates on them ; he makes his use , and findes comfort therein : he sees his sinfulnesse , and repents him thereof ; sees Gods mercifulnesse , and layes hold on it . He acknowledges himselfe to have been miserable when he seemed to swim in happinesse , and that now hee was truly happy when he seemed overcharged with miserie , in respect that God had given him leasure to meditate and thinke of his end , and time and grace to repent , while being sequestrate from all worldly affaires , and restrained by his imprisonment , his minde had full scope and libertie to raise it selfe to those better and higher thoughts of the life to come , and of eternity : wherein he found such contentment and resolution , that now death was no more death to him , nor terrible , and that all the horrour thereof was swallowed up with the hope of those eternall joyes and pleasures which last for evermore . Thus being prepared for that last act , he was sent for to give proofe how well he could practise and make use of this lesson . For on the 24. of May the Earles of Arran and Montrose , with some companies of horse and foot , brought him from Dumbartan to Edinburgh the 27. to Robert Gourleyes lodging , which was one of the strongest in the Citie . Before they tooke their journey ( on the 22. day ) proclamation was made , commanding all that favoured him ( in generall ) to depart out of the towne , and not to come within ten miles of the King and his Court ; and particularly some 52. Citizens by name were expressed , and strictly charged to goe forth of the Citie . After foure dayes respite ( the first of June ) he was called to the Tolbooth , and there empannelled , and convicted by a Jurie , aud found guilty of the late Kings murther . The sentence was given out by the Earle of Montrose , who was Chancellour of the Assise , and it is said to have beene pronounced in these termes ; The Jurie ( or Assise ) doth finde him guilty of being airt and part of concealing the murther of our Soveraigne ( King James his father ) the late King Henry . When Morton heard it , he repeated these words twice over , Airt and pairt , airt and pairt , and without speaking farther , he held his peace . It is reported that the Jurie did finde him onely guilty of concealing the murther , and that Arran and Montrose , thinking that to be onely guilty of concealing was not sufficient matter of condemning him , did ●…oist in these words ( airt and pairt ) to give it the greater sound , and to make it be thought and understood , as if he had beene found to be airt and pairt ( that is , deviser , contriver , plotter , and part ▪ ker or accessary ) to the Kings murther , whereas he was onely found to have concealed it . This made one that heard it , and perceived the sophistry thereof , to say , that they had stollen his head from his shoulders by sophistry . His known enemies ( the Lord Seaton and Wauchton ) were of his jurie , yet it is thought they did him no wrong in their verdicts . But however , it shewed partiall dealing , in that they would not suffer them to be set aside when he excepted against them as knowne enemies . Being asked at his death what he thought of the judgement ; he answered soberly , that he would leave them to God and their owne conscience : but he perceived that whether he had beene guilty or guiltlesse , as Stephen , or Judas , all had beene one , his death had beene concluded before ; for his lawfull and legall exceptions were not admitted , his enemies were on his Jurie , ( naming the two former ) and such as were partiall , and not indifferent , who had given partiall counsell against him , by name the Earle of Argyle . He added also that it was not his death alone that would content them , and that they would not stay there , others should be put to it as well as hee , he was but made a precedent , and preparative to make way for the rest : the cause was the maine thing they aimed at . However it were , whether the sentence were thus involved and wrested , or if it were plaine and cleare ; whether it were indeed so given out by the Jury , or if it were thus patched out by Arran and Montrose , he was conveyed backe againe to his lodging as a condemned man. There he carried himselfe after his wonted manner , his countenance was no wayes cast downe , or changed , he supped cheerfully , and slept soundly , without any apperance or shew of feare , or solicitousnesse . About three of the clocke in the morning hee arose and wrote letters ( for the space of three houres ) with his owne hand to the King , and afterward laid him downe againe and slept till nine . These † Letters were sent by the Ministers who came to visit him , but Arran and Lennox would not suffer them to be received . When he was up , Master Walter Balcanquell , and John Durie ( two of the Ministers of Edinburgh ) came to him , and had long conference with him , which is set downe at length in the Historie of Scotland , written by Francis Boteville , called Thin , an Englishman and joyned to Hollinsheds Chronicle , so that he who desires to know it , may reade it there . The summe of it is his confession concerning such things as they questioned him of , 1. And first concerning the murthering of the King , he said he was neither airt nor pairt thereof , and that being prest by the Earle Bothwell , he would never consent to it . And although ( say the notes ) Bothwell alledged that the Queene had determined it , and divers Noblemen had given their consent under their hand-writing , and had sent to him to desire him to put to his hand also ; yet he answered resolutely , that he would in no wise meddle in it , nor be guilty of innocent bloud . As for the Queen ( said he ) though it be so , yet women will say and gain-say , she may in her anger doe or say that which afterward she will repent her of . Nay , when Bothwell promised to bring her consent thereto under her hand-writing , yet he refused to joyne with him upon any termes ; and to avoyd his importunitie , he passed over to Saint Andrewes to vifit the Earle of Angus , who was then a Student in the New colledge there ; neither did he see or meet with Bothwell after that , untill such time as the fact was committed . 2. As for poysoning the Earle of Athole at Stirling , he said he was neither author of it ( if he were poysoned ) nor any wise accessary or conscious to it ; that he detested and abhorred all such formes of dealing even with enemies , and was sorry to think that so base , foule , and wicked practice should creep into this Countrey , which was already guilty of too many , too common other sins of its owne : he said also that he was not such an enemy to Athole , as that he would have done him any hurt , though he had found him lying asleep by the way side . 3. Touching the Earle of Lennox , he said , he never wished him any hurt , so farre was he from conspiring against him . Onely it grieved him that he knew the estate of this Countrey no better , and that he saw not what danger the King was in , and that he was induced by perswasion to bring home such as were enemies to the true Religion , which he purposed to have let him understand , and hoped to have advised him better , when they had beene better acquainted , and more intimately familiar . 4. And as for carrying the King to England , he said , he would not have done it for a world , unlesse it had beene to have made him King of England : that there was never such a motion made to him directly nor indirectly by the Queene , or any other in England or Scotland : that he never had any pension of her . 5. As touching his setting up and maintaining the estate of Bishops ( whereof there had ensued great debate and contention betwixt him and the Ministery ) he said , it did not proceed of any ill minde ; of any malice , or contempt of them , or their callings , but meerly out of want of better knowledge , thinking that form of government to be most conforme to the rules of policie , and to be fittest for the times . That if he had then knowne better , he would have done otherwise , and that he had intention ( if he had lived ) to have made amends . 6. Concerning his incontinencie , and worldly mindednesse , he freely acknowledged and confessed it , seriously repented , and craved God pardon for it , and said , he firmely beleeved to obtaine it : that ●…e saw mercy , and had found more grace during the time of his trouble , then ever hee had done all his life before . 7. For his detaining of some Citizens of Edinburgh in prison , he said , he had not done it out of any spleene , or private quarrell against the men ; but the matter of bringing in Bullion being then in hand , and he being informed that these men did hinder it , he thought it his best course to commit them till such time as the businesse were done : Wherein , if he had wronged them , he was sorrie , and craved them pardon , & forgivenes . His counsell to the Earle of Angus ( his Nephew ) was doubtfull : for he said he durst not advise him in any particular for the present , because he thought it would endanger his life if he should come to Court ; and not to come ( if he were commanded ) would hazard his estate . His best were to use what meanes he could to obtaine the Kings favour and leave , that ( life and lands safe ) he might serve God , and him , in a private retired manner , which he would wish him to doe in all humility , and to submit himselfe and all to the Kings will and pleasure . To the King ( his master ) with all submission ; yet in the name and fear of God , he would exhort him to beware of Papists , either profest , known or suspected , who ( as he thought ) were become too too familiar with him : that he would continue in the true Religion , and fear of God , & entertain in his company such as loved it , according as he had bin bred and brought up , & not to make defection from it , or slide back , else it could not be well with him : he feared there was danger , which men should see when he was gone . He remembred the admonition which master Knox gave him when he came to visit him on his death bed ( or a little before ) being newly made Regent : God hath ( said Knox ) blessed you with many blessings , he hath given you wisedome , riches and friends , and now he hath preferred you to the government of this Countrey ; use these things well , and better than hitherto you have done ; alwayes to his glory who hath given them you ▪ first by advancing the Gospel , and maintenance of the Ministers , and the whole Church ; next , by procuring the good and welfare of the King , the Countrey , and all good subjects ; which if you do not , God shall rob you of them with shame and ignominie . This he spake ( said he ) and this I finde now , yet I doubt not , but God will be mercifull unto me . He was much with them in prayer , and very earnest to have their aid & assistance therein ; whereof he acknowledged that he received great comfort . He reasoned of the natural fear of death , which sticks and remains in men , even though they have assurance of the forgivenesse of their sins ; wherein hee declared his own sense , and the collections he had made in his reading , since his going to Dumbartan . He said , that in the History of the Bible , he had observed Gods wonderfull mercy toward the children of Israel ; who when they sinned against him , he chastised them ; when they repented , he forgave them ; and though they sinned again , and were corrected again , yet when they cryed to him again , he forgave them again , he hoped so of himself , that God would forgive him also . He shewed them a Book he had about him , which had been sent to him by the Lady Ormeston , when hee was first committed , which he had read , and made good use of it : it was M. Bradfords Meditation of Death ; hee caused M. Balcanquell to read a passage or two of it , ( which he had chiefly noted ) and as he read , Morton discoursed thereof to his own comfort , and their great satisfaction and contentment . He professed , that now he heard with other eares , and read with another minde and sense than he had done in former times . This Book he sent back to the Lady by Master James Lowson , with many thanks , acknowledging he had been bettered by it . When break-fast was brought in , he desired them to take part with him , & spake very chearfully to them , telling them what a difference there was betwixt a man troubled with cares , and him that is resolved and free from them . The last night ( said he ) before I came to my triall , I could not sleep nor take rest for thinking how to make my defences ; but all this night I sleeped very sound , having 〈◊〉 to trouble me , but to make my peace with God. After noon , M. James 〈◊〉 , M. John Davison , and divers others of the Ministerie came to him . There he embraced M. John Davison , and said to him , You wrote a Book , for which I was angry with you , but I never meant any ill to you , forgive me M. Davison was so moved herewith , that he could not refrain from weeping . Then he repeated again before them the same things which we have set down before . The Ministery hearing that the King was otherwayes informed of his Confession , than was true , sent John Durie , David Ferguson , and John Brand to his Majesty , who informed him rightly , and related things as they were . They being returned , his Keeper ( William Stuart , as I take it , brother to Arran ) required him to come forth to go to the place of execution : To whom he said , They have troubled mee much to day with worldly businesse , wherefore I supposed they ▪ would have given me this nights leisure to have thought of things which concerne my soul : But his Keeper replied , I think they will delay no longer , for all things are ready . If it be so ( said Morton ) so am I too , I thank my God. And so ( after a prayer made by one of the Ministers ) he went down the stairs without any farther stay . The Earle of Arran met him by the way , and brought him back to the chamber again , willing him to stay till his Confession were set down in writing , that hee might signe it with his own hand . But he , and the Ministers that were present with him , entreated that he might not be any more troubled with that matter , seeing they had all heard it suffi●…iently . Then Arran desired that he would forgive him for what he had done , seeing he had no particular against him . He answered , that it was not time to remember quarrels ; he forgave him and all others , as he desired they would forgive him . So he went to the Scaffold very resolutely , and repeated the same things in audience of the people , which he had spoken before in private . He added moreover : The King ( sayes he ) shall this day lose a good servant , who dieth professing the Gospell taught now in Scotland : and though I have not walked worthy of that profession ( as by the grace of God I should have done , if I had lived longer , to the hazarding of my Life , Lands and all ) yet am I perswaded of Gods mercie in Jesus Christ. And here I charge you all to continue therein , and to maintaine the same to the uttermost of your power , and God shall blesse you , otherwayes you shall not escape his punishment . Then while the prayer was conceived by Master James Lowson , he fell down all along flat on his face : during which he uttered great signes of being mightily moved , which he expressed in his sighes and groanes , which many of the beholders saw evidently did not proceed from fear , but from the spirit of grace working powerfully in his hea●…t . Prayer being ended , he stood up , and his friends came to take their leave of him , and after he had bidden them farewell , he saluted the Ministers , and took them all severally by the hand , and bade them farewell in the Lord. After all was done , he went without fear or dismayednesse , and laid his neck upon the block , crying continually that happie song , Lord Jesus receive my spirit , till the axe ( of the Maiden , which he himself had caused make after the patterne which he had seen in Halifax in Yorkshire ) falling upon his neck , put an end to his life , and t●… note together . His body was carried to the Tolbooth , and burie●…●…ecretly in the night in the Gray-friers , his head was affixed on the Gate of the City . Thus he died the 2. of June 1581. proudly ( said his enemies ) and Romane-like as he had lived : constantly , patiently , humbly and Christian-like , said the Pastors , who were beholders , and eare and eye-witnesses of all he said and did . These outward motions being so like to other , are hardly discerned but by a skilfull and unpartiall eye . Wherefore the judgement and testimony of the Pastors deserves best credit ; they being best able to distinguish nature from grace , and being freest from prejudice and partiality . His enemies censure may justly bee suspected as coming from that same disposition which moved them to plot and work his death . And certainly if we observe and consider his whole carriage and discourse , during the time of his imprisonment , and at the very point of his execution , he must be voide of all charity that doth not judge the best of his confession , profession , and Christian disposition . So that it seems to be more than humane hatred and enmity , to be thus affected toward an enemie after his death , to kill him again by an uncharitable construction of his devotions , and piety towards his God. Livor post fata quiescit . Envie ceaseth after death ▪ and so let it do toward him . If a man would see a pattern of one , exercised in all the changes & vicissitudes of fortune , who had gone through & tried all the estates and conditions of humane life ; let him cast his eye and look upon our Earl of Morton , in his child-hood , in his riper years & m●…nly estate , and in his old age , in peace and in warre , in private and publick employments . In every thing he took in hand , in every estate and condition , he acquit himself with credit , honour ; and even admiration . When he was a serving-man , he was industrious , carefull and faithfull ; when he came to an estate , and was a Nobleman , he behaved himself as if he had been bred such from his infancie . In Court , he acted the Courtier ▪ in Councell , a States-man , abroad in England , being sent thither Ambassadour , he approved himself to both Nations , and gained great reputation of sufficiencie . While he enjoyed the favour of his Princesse , he was not puffed up ; and being in disgrace and banished , he was not casten down . He was a faithfull Colleague and fellow-governour with others ; and when he came to be sole and supream , this Countrey never enjoyed greater peace , and a more flourishing Regencie . Being returned to the condition of a private Nobleman , he obeyed as well as before he had commanded . And last of all , when he was accused , condemned and executed , he shewed himself to be himself , and a good Christian. He was well skilled , as in politick government , so in oeconomie , from the shrub to the scepter , from planting of Cabbage in his Garden , to the weelding of the Sword and Scepter in the seat of Justice . The smallest and meanest points of husbandry did not escape him , and the highest and deepest points of State were not above his reach . So that the saying of the Hystorian concerning Cato Major ( In hoc viro tanta vis animi ingeniique fuit , ut quocunque loco natus esset , fortunam sibi ipse facturus fuissevideretur ) Is no lesse true , and mayas wel be applyed to Morton . And that also which followes ; Nulla ars neque privatae , neque publicae rei gerendae ei defuit , urbanas , rusticasque , res pariter callebat . Hee was slow of speech by a naturall stayednesse and composed gravity . He was of a middle stature , rather square than tall , having the hair of his head and beard of a yellowish flaxeri . His face was full and large ; his countenance majesticall , grave and Princely ; he was affable and courteous to all , yet so as to keep bold encroachers aloofe , and so familiar as not to forget to keep his distance . He was given to gather riches , yet without oppression or sordidnesse and basenesse : For hee was liberall upon occasion , and not unkinde or unmindefull of his friends . Of which disposition I remember this instance ; when John Halden ( of Gleneagles ) with his friends of the house of Marre ( especially the Abbot of Driebrugh ) came to him to agree with him for his wardship ( hee being Regent ) told them that hee had bestowed it on Isabel Hume daughter to Sir David , and sister to Sir George Hume of Wedderburne , and that hee might take her and it together , which hee did accordingly . This came meerely of himself having never been spoken to , and when there was none that belonged to the Gentlewoman near him , to motion or suggest it to him . He was also calme and not easily moved to anger , and apt to forgive and forget injuries or contentions , that had been betwixt him and any other . This appeared in his carriage toward Master Knox , who had used him roughly , and rebuked him sharply for divers things , but especially for his labouring to set up and maintaine the estate of Bishops . For howsoever he took it hardly for the time , yet when Master Knox lay a dying , he went and visited him , and after he was dead , was present at his buriall ; where hee gave him this honourable and ingenuous testimonie ; Here lyest thou ( said he ) who ●…ert never afraid of the face of man in delivering thy message from GOD. Hee set a foot a great good work , and would ( no question ) have seen it perfected , if hee had brooked his Regencie a while longer , which was the reducing of our Lawes into a more easie forme and method , than now they are . The care of this was committed to , and the task laid upon Sir James Balfoure , and Master John Skeene Clerk-Register , and Master of the Rols . The work ( as I am informed ) was well advanced , but when he quit his authority , they left off any further proceeding in it . And I have heard since some question it , whether or not it would have done good to the subjects , as if it wer●… to be doubted whether it were better to have some order than none at all . So apt are men to calumniate any thing that hinders their particular emolument , or limites their unwarrantable power , and curbs them from doing what they list . Hee kept a Concubine or two , because of his Ladies being distracted and frantick , and was even too much set to heap up treasure . Yet his care was , that his enemies should not be enriched by it ▪ and his luck was answerable to his care . For those on whom he would have bestowed them ( if hee had had power and opportunitie to distribute them according to his minde ) by good fortune lighted on it ; I know not if they got all of it ▪ or if it were divided according to that proportion , which he perhaps would have observed . James Richiso●… of Smeeton ( his brother-in-law ) got a share of them , having been trusted with the keeping thereof ; Jannet Sharpe his Lemmon another share , James Douglas of Spot got some part thereof ; and some very small portion ( as is thought in respect of the whole summe ) came to the hands of Archbald Earle of Angus , after his returne from his first banishment . A notable example of the uncertainty of these corruptible riches , and of worldly treasure , which cannot be preserved from the digging through of the thief , the eating and consuming of the moth or canker-worme , or the dispersing and scattering of an unfaithfull hand and hea●…t . Though he imployed himself much about it , and thought it a great point of wisedome thus to store up wealth ; yet at his death hee saw and confessed it to be but vanity and folly . If wee admit Morton to be a judge or witnesse ( and what better either judge or witnesse can we finde ? ) he will decide the question betwixt the two ( both self-pleasing ) parties , which do challenge ( each to himself , and derogates from the other ) that high honour and title of wisedome ; I mean betwixt him that seeks after , and labours for worldly honour , dignity and riches : and him that having his minde raised higher and pitched upon better things , slights these earthly things as trash , not worthy of his thoughts or care . The worldling cals , and thinks him a foole , and he esteems no better of the worldling ; and each laughs the other to scorne . Who then shall be judge or witnesse ? Seeing all are parties ; and there is no man but is either of the one side or of the other . Certainly , we may judge best by the confession of the parties themselves . Of which the last never yeelded , never gaine-said or be-lyed their assertion ; while they live they avouch it , and at their death they do confirme it much more . Though Chrysippus tormenter do torture them , though the world ( for the want of it ) do afflict them with contempt and despising , still they stand fast , and stick to their point unshaken and unmoved . The worldlings , by the contrary , sometimes while they flourish in prosperity , ever when they are in adversity : Sometimes while they live and are in health , ever when they lye in dying , confesse against themselves , and cals all their labour and pains about it folly and vanity . So did Morton amongst others , which the wise will lay to heart , and make their use of it . Jacobus Duglassius , Mortonius Comes , Prorex pro JACOBO Sexto , Edinburgi securi percussus Anno 1581. Hunc specta Heroem , celso cui spirat ab or●… Majestas , toto & pectore rarus honos . Augustos inter terrarum lumina , reges Pro Rege , & Domino , regia sceptra tulit . Consilium , imperium , virtus , facundia , census , Quaeque homines capiunt , quaeque dedêre dii , Unus cuncta fuit . Nihil ad fastigia summa . Defuit , aeternum si sua fata d●…rent . Sed viden ' ut subito fatorum turbine versa Omnia , & in praeceps pondere pressasuo ? Discite mortales mortalia temnere , & illa Quaerere , quae miseris non rapit aura levis . Joh. Johnstonus in Heroibu●… . James Douglas Earle of Morton , Regent , beheaded at Edinburgh , 1581. Behold this Heros how his looks be grac't With Majestie , what honour 's in his breast ! How high his port may to the world appear ! He rules a King , and doth his Scepter bear . Counsell , commanding , and perswasive Art , What ever men injoy or gods impart , Is found in him : If Fortune did remain Constant , no greater height he need obtain . But ah ! what sudden change is here ! this state Falne with its own weight lyes opprest by Fate . Observe it well , and learn those goods to prise Which never can decay ; the rest despise . Of Archbald ( the third of that name ) and ninth Earle of Angus . NOw we come to Archbald himself ( the third bearing the name of Archbald ) son to David , as hath been said . He was thrice married ; first to Margaret Ereskin , daughter to John Earle of Marre , who was Regent of Scotland immediatly before Morton . Shee was a beautifull , chaste , and vertuous Lady . Shee lived with him but few years , and died without children . After her , he was married to Margaret Leslie , daughter to the Earle of Rothus . She lived with him the space of years , after which he was divorced from her for her adultery . She likewise had no children . His third wife was Jeane Lyon , daughter to the Lord Glames ( Chancellour ) and Relict of Robert Douglas of Logh-leven . She bare to him a daughter after his decease ( named Margaret ) who died about the age of fifteen years a maid unmarried . He was bred and brought up with his Uncle Morton , as wee have said , who was his Tutor and Guardian . He studied in S. Andrews in the New Colledge with Master John Douglas Provest of that Colledge , and Rector of the Universitie , till he was fifteen years of age . After that , he lived at Court with his Uncle , having with him his Pedagogue Master John Provaine , who endeavoured to instruct him in the Latine tongue , and taught him his Logicks & Rhetoricks , but with such successe as is customable to youth and Nobilitie ; nature , counsell , and example drawing them rather to the exercises of the body , which are more agreeable to their inclination , and are esteemed more fit and proper for their place . Whereas Letters are thought onely necessary and usefull for mean men , who intend to live by them , and make profession of some Art or Science for their maintenance , but no wayes either suitable or requisite in Noblemen , and such as are of any eminent rank or degree . For these they are judged to be too base , and he that affects them , pedantick a●…d of a mean spirit . Nay most men do accompt the studie and knowledge of them prejudiciall , hurtfull , and no small let and impediment to politick activenesse , and that it doth abate the courage of the minde and vigour of action , which is requisite for their charge and calling of being States-men and Warriours . A perverse and pernitious Tenent , and farre contrary to the practice of the most famous Captains , and Princes in all ages ; such as were Julius Caesar , Scipio Africanus , Alexander the Great , and Pompey called the Great also ; of Trajane , Antonius , Charlemaigne ; and almost of all the Grecian Worthies . And yet ( we heare ) that the Nobility ( in France especially ) accompt it a reproach to be called or esteemed learned , and deeme it honourable to be illiterate and ignorant . Much good may this honourable ignorance do them , ere any wise-man envie it . As for the Earle of Angus , sore did he repent him of this neglect , and greatly did he blame himself for it . Especially in the time of his last banishment , during which he laboured to have repaired that losse and over sight of his youth , by reading and hearing read to him Latine authours of all sorts , both Historians and others ; chiefly ●…us and Tremellius translation of the Scripture , which he took great pleasure and delight in . And though the defect of practice in his youth could not be altogether and fully supplyed , yet such was his naturall ju●…gement , that in expressing of his minde either by word or writ , none c●…ld do it more judiciously and sensibly ; and in dictating of Letters or any other thing , he even equalled ( if not over-matched ) those who would challenge to be the greatest and most skilfull Artistes therein . This was well known , and ingenuously acknowledged , and witnessed by Chancellour Metellane ( of honourable memorie ) who having lighted upon some letters of his written with his own hand , so well conceived and penned , that some who heard them read , supposed they had not been of his own penning , but that he had onely transcribed them , that they might seem to be his own ; he on the contrary affirmed ( and it was true ) that they were of his penning , and that he did seldome use any mans help that way , being himself very sufficient and able to discharge it . Concerning his actions in the time of his uncles Regencie , wee have spoken of them above in his life ( as ▪ the fittest place for them to be remembred in ) and we need not repeat them here . After his death , finding no sure footing for him in Scotland ( amongst these who were authours of it , and would seek to secure themselves from all revenge thereof by making him away in like manner ) being commanded by the King , and summoned in his name to come to Court , he retired into England . There hee was kindly received , and honourably entertained by the bountifull liberality of that worthie Queen Elizabeth ; partly in memorie of his uncle , but no lesse for his own sake , being of such great hope and expectation , conceived by the appearance of his present vertues , his wisedome , discretion , & towardlinesse , which made him acceptable to all , and begot love and favour both from her Majesties self , and her Councellours and Courtiers that then guided the State ; Such as Sir Robert Dudley ( Earle of Licester ) Sir Francis Walsinghame Secretary ; and more especially , he procured the liking of him who is ever to bee remembred with honour , Sir Philip Sidney I mean ; like disposition , in curtesie , of nature , equality of age and years , did so knit their hearts together , that Sir Philip failed not ( as often as his affaires would permit him ) to visit him , in so much that he did scarce suffer any one day to slip , whereof hee did not spend the most part in his company . He was then in travell , or had brought forth rather ( though not polished and refined it as now it is ) that his so beautifull and universally accepted birth , his Arcadia . Hee delighted much to impart it to Angus , and Angus took as much pleasure to be partaker thereof . There were with him at this time in England , of the name of Douglas , James Lord Torthorrell , and Sir George his brother ; two sonnes of Mortons , James of Spot , and Archbald of Pittendrigh : Also James of Maines , and Sir George of Langnidderie . There were besides these ( of note ) onely John Carmichael and his sonnes , together with Hugh Carmichael : the rest were but his ordinary servants and dependers . He resided openly at Court , being no Rebell , and not convicted or guiltie of any crime committed against his Prince or Countrey . No such thing was laid to his charge by his enemies ; otherwayes the receiving and entertaining of him had been a breach of the peace betwixt the Kingdomes . All that could be alledged was , that he had withdrawn himself from the furie of his enemies . And yet , as if he had been a Rebell and forfeited , they intrometted with his rents and estate for their own use . He spent his time there , in learning to ride great horses , and handling of his Armes and Weapons , together with using such courtly and manlie exercises as became his age and place . But above all , he was carefull to observe the Government of the Countrey , and Policie of that State and Kingdome ; making his own use thereof for his bettering , both in Christianity and civill prudencie . He looked with an heedfull eye upon mens wisedome , and through that , upon Gods working by their wisedome ; he noted the actions of those who were the guiders of that State , Court and Countrey , saw their aimes and designes ; and comparing them with his own affaires , and things fallen ▪ out at home , he called to minde what had befallen his Uncle Morton ; who ( like them ) had no lesse flourished , but was soon cut down and withered : who had been so powerfull and honoured but a little before , yet in a moment ( as it were ) was overthrown and trod under foot . His thoughts also reflecting upon himself , and his own condition , how hee was forced to forsake his own Countrey , and depend upon the estimation of strangers ; that though for the present he were somewhat respected , yet it was uncertain how long hee should be so , no longer than they should think it profitable for their own estate , and conduceable to their ends . From hence raising his minde to the contemplation of all humane affairs , and of all mor●… , men 〈◊〉 all 〈◊〉 even of Princes themselves , he learned that ( which few 〈◊〉 , 〈◊〉 〈◊〉 learne of any ranke , and fewer doe practise that are in high places , whose places crave action , and action over-treads contemplation ) hee learned ( I say ) truly to contemne all worldly things , such as riches , honour , dignities , and the like ; and truly to long and seeke after heavenly treasure , which perisheth not , and bringeth with it no anxietie , or solicitude of minde , having the soule fully set and fixed on God alone . Many speake of it , and that very well , and not without some sense and feeling thereof , but it lasts not , save for a fit , and sudden flash . We are all of us too earthly , and savour too much of earth , from whence we were taken , and of which we were made , and thither also we bend , and tend ever down-ward , what through our naturall propension that way , what by example of the multitude , which like a violent stream of an over-bearing floud , carries us along , if we be not firmly built upon the rock of heavenly resolution , and unlesse we keep fast our hold by perpetuall and never-intermitted meditation . For him I dare avouch it , that howsoever he refrained from outward showes , for feare of falling into ostentation , or whatever other wayes he was employed about in regard of his place and calling , yet his minde was ever ( even in the midst of businesse ) wholly bent to God-ward , and would have beene glad to have beene freed from all thoughts and affaires which had any mixture of earthly things . And this disposition wrought in him by his being exiled , he esteemed no small benefit and advantage of his sufferings ; so that in private where he expressed himselfe freely , without all maske of ceremon●…e or nicenesse , he hath many times been heard to thanke God very heartily and seriously , with grave words , and settled countenance , saying , That hee would not have exchanged the crosse of his first banishment for all the Crownes and Princes estates in the world : farre lesse for an Earledome , or Lordship , such as Angus , or Douglas . So did God work with him by adversitie . While he was thus working upon himself in England , and framing his heart after a new mould and fashion ( which few knew or dreamed of ) God was preparing the way for his return to his place and honorsin Scotland . The love which his Countrey-men bore to him was great , and likewise generall , and almost universall ( as it did commonly follow that popular name of Douglas , to which it was in a manner hereditarie ) even in regard of his owne courteous , milde , and towardly disposition , and of the great hopes and expectation of excellent fruit ●…rom so noble and worthy a plant . This being accompanied with his suffering , and innocencie , together with his harmlesse youth , age did move pitie , and stirre the affections of most men toward him . As for particular friends , hee wanted them not ( as few Noblemen in this Countrey doe , all the Nobilitie being linked and bound one to another by Kindred or alliance ) his house having beene so eminent of a long time , and there being few of the Nobles , but were either descended of it , or tied to it by some consanguinity , affinity , or other relation . And therefore one would thinke it strange that he should have beene so long banished : yet when we looke upon his uncle Mortons case ( who had the same friends or more ) it is farre more strange that hee should have come to such an end . But as in this , when the appointed time came , nothing could hinder his fall and overthrow : so in Angus his case , untill the time appointed by God did come , nothing could worke his restitution . What the estate of businesse was at his departure , we have told already in Mortons life , ere that yeare came fully to an end ( or not long after he had beene a yeare in England ) there fell out a change at Court , which was thus : Esme Lord Obignie ( now Duke of Lennox ) and James Stuart Earle of Arran , had ( with their great riches and honours ) acquired much hatred from all sorts of men . The Ministerie were offended at them for making master Robert Montgomerie Archbishop of Glasgow , ( an Office then odious and unlawfull , as being against the Lawes of the Countrey , and ordinance of the Church ) and were jealous of the one as a suspected Papist , and perswaded that the other ( to wit , Arran ) was a downe-right Atheist . The Nobilitie stormed and grudged at their extraordinary and sudden preferment . For James was made Lord Hammiltoun , Abercorne , Bothwel-haugh , and Earle of Arran , with a power almost absolute ( given or usurped , under the name of Captaine of the Guard , and the pretext of pursuing the Douglasses ) to apprehend , imprison , and put on the racke whomsoever he pleased . Obignie was made Lord of Dalkeith , Tantallon , Darlin , Torbouton , and Duke of Lennox , Keeper of the Castle of Dumbartan , and great Chamberlaine of Scotland . Thus did they overtop and overshadow the rest of the Peeres , as tall Cedars doe small Shrubs , to their great discontentment and disdaine . The Gentlemen were so used by them , that they esteemed themselves brought into a thraldome and slaverie , none of them being sure of their estates , which were wrung from them by colour of law ( the cloake of their oppression ) and all fearing the rage and unlimited violence , especially of James Stuart , who was composed of nothing else , and whose actions were sutable to his disposition . The Burrowes were alienated by being cut short in their priviledges , liberties , and immunities , which were quarrelled , retrenched , cancelled , and taken away , according to their humours of avarice , and desire of gaine , and according to the pleasure and suggestions of their informers and parasites . With this their exorbitant increase of power and insolencie , as the hatred of others did increase toward them , so did variance arise betwixt themselves . The first occasion hereof was the carrying of the Crown at Parliament : this was proper , and is the hereditarie right and priviledge of the house of Angus , and he being now banished , and the Duke of Lennox having his estate , either for that regard , or because of his more honourable descent , or by the advantage of the Kings favour ( which he had in greater measure then Arran ) we cannot affirme ; but so it was , that he was preferred to bear it . Arran stormed at this , & protested that his bearing of it at this time should not be prejudicial to his claim , who being descended of the house of D. Mordack ( which was nearest to the King ) ought in reason to have carried it ; yet he renounced all title to the kingdom , notwithstanding of this extraction of his pedegree , and challenging of this honour . This renunciation was derided by some , and disdained by others , as a great malapartnesse , and high presumption in him , who being but lately raised from so meane a fortune and estate , durst utter such speeches as bewrayed such vast and high thoughts , as to aime at no lesse then the Kingdome , if ever ( the Kings owne race failing ) the right thereto should come in question , and happen to be controverted . And indeed his designes are thought to have flowne to no lower pitch , which ( perhaps ) had beene no very hard or impossible taske for him , if he could as well have kept out the Hammiltouns ( who could onely pretend right to it ) and the Douglasses ( whose power and authority was the greatest in the Countrey ) as hee found meanes to cast them out of Court and Countrey . For then he had had no Competitor but the Duke of Lennox , and him , being a stranger , and subsisting meerely by the present Kings favour , he nothing doubted to supplant by his craft and violence , joyned with such a colourable claim . Another occasion of discord fell out by Sir John Seaton , son to the Lord Seaton , and Master of the Kings horses . As the King was about to goe to his horse to ride a hunting , Arran having something to speake to him in private , all men were commanded to remove , which all did saving Sir John , who being by his place to wait upon the King , and set him on his horse , stayed still , and did not remove with the rest . Arran seeing him to stay behind the rest , either threatned to throw his batton at him , or did throw it indeed ; for hee carried a staffe or batton as Captaine of the Guard. Sir John would have requited this affront , but was hindred by the Guard , who carried him downe staires , and so parted them for that time . The next day Sir John , his brother Sir William , and the Lord Seaton himselfe , were all commanded to keepe their lodgings ; which the Duke ( who favoured them ) tooke so ill , that he refused to come abroad that day . At last they were so divided , that the Duke carried the King with him to Dalkeith , and Arran abode in the Palace of Halyrood-hoose . There were with the Duke , the Lord Seaton , Maxwell , ( then Earle of Morton ) with some others . Argyle , Ruthven , ( then Thesaurer , and lately made Earle of Gowrie ) the Secretarie , the Controller , and other Officers of State , stayed with Arran , and tooke upon them to make the body of the Kings Councell , and to sit as such . But all their Decrees and Conclusions were dashed by the King in person , which they wanted . These broiles lasted from the end of October till mid-Februarie , about which time the King returning to Halyroodhouse ( from whence Arran had removed before ) and from thence going backe againe to Dalkeith , he sent for him , and reconciled him to the Duke , after which they became greater friends then ever they had beene before : so that Arran would doe nothing for any man but what hee knew stood with the Dukes good liking But this union betwixt themselves divided them the more from others , and others from both of them ; for now hee that had any businesse with either , behoved to sue to both , and hee that disliked , or bore ill-will to either , was forced to fawne on him also , or to hate both , and seeke the overthrow of them both alike . At the Justice Aires in Perth 1582. in July , in some contest betwixt the Duke and the Earle of Gowrie , the Duke spake some reproachfull words to him in French , which Gowrie not understanding then ; afterward , when he had learned what the meaning of it was , he upbraided the Duke for ungratefulnesse , telling him , that was all the thanke he got for having twice saved him from being killed . Thus was he alienated , or thus did he bewray his alienation of minde , which lay hidden till now it burst forth . Another time the Chamberlaine Aires being indicted to be kept ( the 28. of August ) by the Duke ( then Chamberlaine ) which was a Court very odious to the Burrowes , as being rather a legall robbery , then a Court of Justice , and upon which it is thought he was set of purpose that he might incurre more hatred , which commonly falls out , when a former generall dislike doth meet with private grudges . This Court ( I say ) being indicted , while the Duke was bu●…ied in preparing for it , and he with Arran having left the King , were at Edinburgh and Dalkeith about such things as was necessary thereto : the foure and twentieth of August the King came from his hunting in Athole to Ruthven , where Gowrie , assisted by some of the Nobilitie , removed the Guard , that were under the command of Arrane , with no great adoe , and laid hold also of the Earle himselfe as he entred into the house of Ruthven , and conveighed him into a close roome , where he was kept , and not suffered to come neare the King. He had , upon the first surmising of an alteration , come from Edinburgh with a company of some fourescore horse , but hearing that the Earle of Marre was at Kinrosse in his way , hee sent his company with his brothers ( Robert and Henrie ) and he himselfe with one or two taking a byway , came to have slipt into the Kings presence before they had beene aware of him . But Gowrie being advertised hereof , met him at the gate , and had straightwayes killed him , if George Authenlecke ( sometime servitour to Morton ) had not held his hand as he was about to have pulled out his dagger to have stabbed him . His two brothers , with their company , were defeated by the Earle of Marre , of which Robert was wounded also , and taken prisoner . There joyned with Marre and Ruthven openly , Thomas Lion ( Master of Glames ) Lawrence Lord Oliphant , together with Sir Lewis Ballandine of Achnowle ( Justice-Clerke ) and others . Before Marre came , the Guard made some difficultie to admit them , and grant them entrance into the Kings chamber : for they serving for pay , and being put in , and commanded by Arran , when they heard what had happened to their Captaine , made an offer to resist , and not to suffer any man to come neare the King , unlesse hee should signifie his pleasure to be such . Sir Lewis Ballandine conceiving great indignation hereat , asked at master David Hume ( who by chance was come thither , and stood next to him ) if he had a pistoll about him , which he gave him , but withall said to him , Be not too hastie to shoot , let them alone , you shall find that their fury will soone fall ( lacking their Captaine , and a head ) and that they will give way , when once they see the Nobility approach . And so they did indeed , for the Earle of Marre being come , and the rest joyning with him , they shranke away and gave place . When they came to the King , they shewed him the necessity of doing what they had done , in regard of the violence of Arrane , and their feare and suspition of the Duke of Lennox : That there was no other way to remove the generall discontent of his Subjects , and to prevent the dangers which would follow thereupon to himselfe , and his Crowne , then by removing of these men from about him , whose unjust actions , and violent oppressions , reflected upon his Majesty , to the great prejudice of his honour and estate , as also to the great disadvantage of Religion , and the good of his people . The King assented to what they said , either because he thought it to be the true , or rather , ( as appeared afterward ) that he might seeme to approve of that which hee could not resist ▪ So they goe to Perth , then to Stirling , where their Proclamations were set forth ; the one containing the Kings Declaration , concerning what was done at Ruthven ; that it was for his service , and acceptable to him . In the other the Duke of Lennox was commanded to depart out of the Realme of Scotland before the 24. of September . There was a third also , by which the Chamberlain Aires were discharged to be kept . The Earle of Angus had ( a little before these things ) come down from the Court of England to Berwick , in expectation of this change ; and now having notice given him by these Noblemen of what had passed , he stayed a while in the towne , and thereafter came into Scotland : yet did he not goe directly to Court , but came to Cumledge in the Merse , a house within eight miles of Berwick , which belonged to Archbald Authenleck ( a follower of his Uncle Morton ) and lay next adjacent to his Barony of Boncle . There he remained till Master Bowes , and Master Cary ( Embassadours from the Queen of England ) came into Scotland ( the 11 of September ) and did by their intercession obtain of the King , that hee might be assoyled from that crime of Rebellion , which his enemies had put upon him , because he had not obeyed their charges given out in the Kings name , to come to Court , which was indeed to come into their power . Neither did he presently after hee was relaxed come neare the King , untill he had assurance that the King was very well contented , and desirous that he should come to him ; but stayed some five weekes , expecting his full and free consent therein , that his return might bee such as could not be excepted against . The King delayed him a while , that hee might be beholding to him ●…or this favour , and he was contented to stay so long , that the King might see he was willing to receive it at his hands as a favour , and that by so doing , he might fully remove all hard construction that his Majesty could make of his withdrawing into England . He had presence of the King the 20. of October ( about two moneths after he came home ) in the Palace of Haly-rood-house , where hee was kindly and lovingly received , to the great contentment of all men , and with great commendation of his modesty ; for that hee had patiently waited for his Princes pleasure so long a time , and had not abruptly rusht into his sight , which many would , and he might have done easily had he pleased to have made that use of the times and opportunitie which was offered : but his disposition was not that way set ; he was truely of a milde disposition , abhorring all turbulencie , every way towardly , inclining to peace , and to all submission toward his Prince . Now being thus returned , gladly would hee have lived in quietnesse , and injoyed the Kings favour still , as he had it at this time , and willingly would he have served him as a faithfull and loyall Subject according as he had been pleased to have imployed him , without further stirring or meddling with any thing , or any person . Neither ( as I thinke ) did the world ever know , or bring forth a more calme and quiet spirit , voyd of ambition and covetousnesse , as also of all envie and malice to any creature , which are the chiefe causes of restlesse and tumultuous practices . He was also mindfull of Mortons counsell at his death , who advised him to doe so : and being alreadie in so honourable a place ( first of the Nobilitie ) he had little or nothing else to desire or hope for , if hee could have been assured to possesse his owne in peace . But finding the Countrey divided , the dregs of the old faction that stood for the Queen , still working underhand , and by it the Romish party labouring to undermine the true reformed Religion , and such as had been instruments to establish it , upon whose ruine these new men ( by their new courses ) did indeavour to build their preferment , so that none could with surety live in any honourable place , as a good Patriot , but behoved to take part with them that stood for Religion , and undergoe the like hazard as they did . Besides , these Noblemen had ( in very deed ) wrought out and made way for his returne from exile , by removing of those who were ( as common enemies to all honest men , so more particularly ) his especiall enemies , having been authours of his Uncles death , and who had seized upon his owne lands and possessions . They were also his near kinsemen , and deare friends , Gowrie and Glames were come of his house , Oliphant was of his alliance ( having married Margaret Douglas , daughter to William of Logh-leven ) and Marre was his brother in law , and no lesse his brother in love and affection , which continued without the least breach or diminution , so long as he lived . These private and publick inducements thus meeting and concurring , he could not esteem that cause to be more theirs then his owne , and therefore could not choose but embrace it as his own , that is , to the utmost of his power . Therefore he joyned with them in it sincerely for his owne part , but they continued not long undivided amongst themselves . For the Duke being divers times charged to voide the Realme , after divers shifts and delayes , at last he went through England into France in the moneth of December , and not long after he died there the 27. of July 1583. After he was gone , they being rid of that feare , there fell out dissention betwixt the Earle of Gowrie , and Secretarie Pitcarne ( made Lord of Dumfermeling ) in April 1583. The King went to the Castle of Saint Andrewes in August , and there the Earle of Gowrie ( having changed his minde with the change of affaires ) tooke a remission for his fact at Ruthven , as being Treason , and so by his owne confession condemned himselfe , and all his partners therein , and by separating himselfe from them , overthrew the cause , and them with it . All this while after Angus his returne , there was nothing done worthy of memory , save that he ( out of his love and respect to his Uncle Morton ) caused his head to be taken downe from the City gate , and honourably buried with his body , the 10. of December 1582. The chiefe instrument in this change , was William Stuart , a brother of the house of Goston , who had beene a Colonell in the Low-Countreyes , and was then Captain of the Kings Guard. Gowrie had brought him home , and preferred him to the Kings service , of purpose to counterpoyse the greatnesse of Arran : but they were so wise , as not to crosse one another ; but on the contrary , they did aid and strengthen each other all they could . By this Williams means , the authours and actors of the fact at Ruthven were strictly commanded to depart from the Court , and the Earle of Arrane recalled thither again . Angus had joyned with those of Ruthven , yet because he had not been an actor there , and had had no hand in it , he hoped that they would suffer him to live in quietnesse at home . Secretary Walsingham ( Embassadour from Queene Elizabeth ▪ had gotten a promise of the King that he should be fully restored to all his lands and possessions , and hee had relied thereon , and waited long for the performance thereof ; but finding nothing but delayes , he perceived they had no good meaning toward him . And so indeed it proved , for Marre , and the master of Glames were confined in Argyle , the Castle of Stirling ( of which Marre and his predecessours had been keepers time out of minde ) was committed to the custody of Arrane ; and the Earle of Angus was confined beyond Forth . Before his going to the place of his confinement , hee wrote to some of his friends to accompany him thither for his safety in his journey . This being knowne at Court , it was interpreted to be done of intention to surprise the King , who was that day to goe abroad to his haulking . It was alledged also , that Marre and Glames were to meet him at Achnoweshill , and to joyne with him in his surprisall . Hereupon the King having risen by times that morning to goe to his sport , and being ready to take horse , was stayed that day , and curriours were sent out to try how matters went , and whether that report were true . Some of these scouts came to the Key-stone , ( for that way Angus tooke of purpose , being furthest off from the Court , that he might be out of their danger , and they freed from all feare of him ) and found him riding in a peaceable manner , accompanied with a small train of his domesticks onely , and those but halfe-armed ( which was ordinary then , even in the most peaceable times ) and no wayes prepared for warre . Hee desired them to tell his Majesty that he was going toward the place of his confinement , in obedience to him ; and they did relate the truth very faithfully and honestly to the King. This rumour ( of surprising the King ) was said to have proceeded from one of his owne name , who having been in Tantallon the day before , and perceiving that there were letters in writing , which they did not communicate to him ( as Angus did never impart businesse to any , but such as were his intimate friends , and there having been some difference betwixt him , and this Gentleman , he never used him after that so familiarly ) made this conjecture of their secrecie , and whispered , it to the Courtiers , who were apt to beleeve it : whether he did indeed suspect some such thing , or if it were raised onely by envious , and malicious persons , we cannot affirme , but fame laid the blame of it on him ; for that he , having been so late over night at Tantallon , had made great haste to be in Edinburgh that night , and came to Court before day light : and that upon his coming , the Kings haulking was stayed ; yet it is uncertain , for he was commanded also to depart out of the Countrey . The Earle of Angus crossed Forth at the Queens Ferry , and went to his owne house at Aberdowre ; but because there hee was too neare the Court , and so obnoxious to suspition , hee removed from thence to Kinrosse : and to secure them yet more , leaving his houshold there behinde him , he went almost alone to Lesely , a house belonging to his brother in Law , the Master of Rothusse . Being there , he moved him , and the Earle his father to deal with the Courtiers to grant him so much favour as to suffer him to live a private and retired life , at one of his owne houses in the Countrey farre from Court , and State businesse : but they were so farre from yeelding to any such thing , that whereas he had been charged onely to remaine beyond Forth before ; now hee is sent to remain beyond Spaye . Wherefore hee takes his journey thither , and came to Dundie ; and from thence toward Elgin in Murray . Master Scrimger of Diddup ( Constable of Dundie ) would needs bring him on his way ; and as if he had intended no more , caused carry his haulkes with him , but by no means would leave him till he came to his journeyes end . By the way he being well knowne , tooke upon him to be the chiefe man , and gave out that Angus was his sonne in law , the Laird of Inshmartin . This hee did , least the Courtiers should have laid some ambushment for him by the way , hee being to passe through a Countrey , where their partie was strong , and where they had many favourers , having none of his owne followers with him , save Robert Douglas of Cavers , Gentleman of his horses . So he passed the Carne-Mont with great celerity and haste , the rest of his houshold following after by easie journeyes . Great was the care his worthy friend the Constable had of him ; and many wayes did hee labour to keepe him from melancholy , and to divert his thoughts from too much dwelling upon his present hard condition : there was no kinde of sport or game , which he did not afford him with all the varietie he could devise to entertain him , and to cheare him up : till the court , envying even this small contentment to him , commanded the Constable also to goe off the Countrey ; yet was hee never destitute of friends ; such was the sweetnesse of his disposition , and of such power and force was it , that it wonne the hearts of all the Gentlemen in those quarters to him : such as the Innesses , Dumbarres , Hayes , and others , who did all strive who should shew most affection toward him , by inviting him to their houses , and feasting him by turnes , and using of him with all courtesie , and respect ; so that hee could not have beene more honoured and regarded amongst his dearest friends , and nearest kinsfolkes . Nay , such was their love to him , that hearing some surmises of no great good will borne to him by Huntley , they of their own accord came to him , and forbade him to bee afraid of him , for they would spend their lives in his defence , and for his safetie , if the Earle of Huntley should attempt any thing against him ▪ Wherefore it was thought that they being thus affected , he durst not adventure to execute any Court plot against him , which he wanted no good will to do , and otherwayes would have done . Yet was this the place of the Kingdome , where all Huntleyes power and friendship lay very neare at hand , and where Angus had least acquaintance and fewest friends , all of them being meere strangers to him , without any other bond of obligation or tie of relation , but what his vertue and worth had gained in that short time of his being amongst them and conversing with them . The Courtiers at this time were at no small contest and variance with the Ministers ; chiefly with Master James Lowson , Master Walter Balcanquell , John Durie ( Ministers at Edinburgh ) and Master Andrew Melvin , Principall of the new Colledge of Saint Andrewes , and Professour of Divinity there . The occasion was this ; they had at a Generall Assembly approved the fact of Ruthven by the Kings especiall commandement , and now being desired by the Courtiers to condemne it , they refused to doe it . Both sides alledged the Kings authority ; the Courtiers pleading , that such was his will now : and the Ministers , that it was not such then . The Courtiers said that he was a captive then ; and the Ministers replyed , that ( perhaps ) he was so now : that they saw not any thralling of him then ; and that it might as well be alledged hereafter that he was a captive now , as it was alledged now that hee was a captive then . As for the particular quarrels of either side , they said they knew them not ; but one thing they knew , that they were as good men , as Noble , as worthie , as well affected to his Majestie who were with him then , as those were who were about him now ; that they were as free from all suspition of unsoundnesse in Religion , nay , much freer , the others being at least suspected . In which regard they could not retract what they had done , and could not but allow of their fact who had removed from the King , men that were not altogether free of suspition . What private ends or aimes they had , was unknown to them , as also they were ignorant what the respects were which they now had ; both pretended the Kings will ; but they were sure of this point , that the removing of suspected men was a good office , and made for his well being , and that the instruments thereof were instruments of a good work , whatsoever were their intentions . Thus most of them spake : Others expressed themselves more harshly , saying , that wicked men were removed , and such as were enemies to the Church , to the Countrey and to the Nobility , who sought their own preferment with the overthrow of all , that they might be built upon the ruines of all these . These speeches were very unfavourie to the Earle of Arran , to the Colonell Stuart , and the Prior of Pitten-weeme . It rubbed upon them , and ( by consequent ) as they would have it appeare ) reflected upon the King. Wherefore they called it sedition , and stirring up of dissention betwixt the King and his Subjects . So they informe the King , and by their Information , animate him against them . Wherefore John Dury behooved to be removed from Edinburgh to Monrosse : Master James Lowson , and Master Walter Balcanquell were rebuked onely . Master Walters Text was treason ( against the Courtiers ) and spake too much though hee had said nothing . It was that passage of Ecclesiastes [ I saw Princes walking on foot , and servants riding on horse-back ] that is , Great and worthie men displaced , and base men set up in their room ; to which doctrine hee added an admonition , that they should look to themselves when the cup of their iniquitie should bee full . Master Andrew Melvin was dilated to the King and Councell by one William Stuart , that he had said in a Sermon of his , That the King was unlawfully called to the Kingdome ; but he craved , that seeing he was accused of wrong doctrine , that hee might bee tried by a Generall or Synodall Assembly , who are the proper judges of doctrine delivered from the Pulpit . It was answered , that he should have no other than the King and Councell , who ordained him to enter himself prisoner in BlackNesse . Whereupon hee fearing , and informed that Colonell Stuart and Arran had no good meaning toward him , fled secretly to Berwick Before his departure , hee drew up his Apologie , of which it will not be amisse to set down the summe , as a testimony of his innocencie and equity of his cause , as also of the violence , and iniquity of those times , that so it may appear more evidently what just grounds and reasons the Noblemen had to labour to have things redressed , and such enormous insolencies repressed . First , He protested solemnly before God and his Angels , that he never uttered either in that Sermon or in any other , any one word which might import any disgrace or slander of his Soveraigne the Kings Majestie : but had ever exhorted all men to yeeld him all reverence and obedience : that hee had ever , and still did acknowledge him his lawfull Prince and supreame Governour in civill matters ; that he had ever , and even then prayed for his preservation and prosperity : Secondly , that his desire to bee tried by a Synod of the Church , did not proceed from any intention to call his Majesties authority in question , but onely because they were appointed to bee the ordinary judges of any thing delivered in preaching , In primâ instantiâ . He alledged for this a plaine Act of Parliament , and a con●…erence betwixt certain Lords of the Councell , and some Ministers deputed by the King , who had agreed upon this conclusion . Thirdly , hee said that Councels and Doctors of the Church did think that the triall of such things is most conveniently and fitly to bee taken in the place where the slander is raised , and scandall given ; which was Saint Andrewes , for there that Sermon was preached : Fourthly , hee pleaded , that the priviledges of the University , granted and given to it by former Kings , and confirmed and ratified by his Majesties self , made the Rector and his Assessors , Judges to all Ministers , Masters and Students that were Members of the same , and were accused of any offence committed within the liberties thereof . Fifthly , that he spake nothing but what he had good warrant for from scripture . Sixthly , that he had for him ; first , the testimony of the Universitie , signed by the Rector , and sealed with their seal ; secondly , the testimony of the Church-Session in S. Andrews , subscribed by the Ministers , Elders and Deacons ; thirdly , the testimony of the Provest and Bailiffs , and town Councell , signed by the town Clerk by their commandement , and sealed with their seal ; fourthly , and last of all , the testimony of the Presbyterie , subscribed by the Clerk thereof : which testimonies were of more value to absolve him , than any one mans accusation was to condemne him . Seventhly , he desired that he might have the common priviledge of all the Subjects , which was to know his accuser ▪ and the prerogative of a Minister of Gods word , that an accusation should not be received ( or put in processe ) against him , but under two or three witnesses . Eighthly , that his accuser might be liable , and incurre the punishment due to him by the Acts of Parliament , if his accusation were found to be false . Ninthly , that the Defender might have place , and be permitted to object against his Accuser : And that if William Stuart were the man , he would prove that the said William had professed hatred against him , and had threatned him to do him bodily harm ; in which respect , his information was to be suspected if he were the Delatour , or if he were a witnesse his testimony was not sufficient . Notwithstanding of all this , yet he said , he would simply declare the truth in the presence of God and his Angels , so far forth as his memory would serve him . He said , his text was , Daniels expounding of the hand-writing on the wal to Baltazar . Here he observed how Daniel in reproving Baltazar for not giving glory to God for his benefits toward him and his father , and for abusing the vessels of the house of God , did apply the Text ( of the hand-writing ) to Baltazar . From hence ( and other places of Scripture ) he inferred , that application ought to be made of examples ( whether of mercies or judgements ) by the Ministers of the Word ( as Daniel was ) to Kings , as was Baltazar : And that the nearer the example touched the party to whom it were applied ( as that of Nabuchodonosor , who was father to Baltazar ) the more forcible it would be . This ( said he ) is the right way of application , but who doth it now-a-dayes ? Or if any do it , who cares for it , or is moved with it ? If a man should now apply the example of our Predecessours to these times , as of King James the third , how his Courtiers and flatterers abused him , would they not say that he raved , and wandered from his Text ? Nay , perhaps , accuse him of Treason . Secondly , he said , concerning these words which his accuser did alledge to have been spoken by him ( that our Nabuchodonosor , to wit , the Kings mother , had bin banished twice seven years , & would be restored again ) as it never came into his mind , so did he not remember the words , or any expression tending to that purpose , or importing any such thing : Thirdly , As for that speech ( That the King was unlawfully called to the Crown ) or any thing sounding that way ; he protested before God , he never spake it , nor did he ever doubt of the lawfulnesse of his Majesties authority , which the Church had ever maintained , & he himself constantly avouched , as all that knew him could bear witnesse . That it was true , that in speaking of Nabuchodonosor , he had said ; That first , howbeit he had succeeded to his fathers Kingdome , and that when he was of ripe years : secondly , though he were endowed with wisedome , learning , liberality , and other vertues : thirdly , though he had conquered and purchased divers Territories and Countries , as a valiant Captain ( having been Lieutenant to his father ) in his fathers time : fourthly , And although he were made King ( after his father ) by all the Nobility : yet Daniel maketh mention of none of all these , but saith , That God gave him the Kingdome . From whence he gathered as a firm conclusion ; That , by whatsoever way Kingdomes do come ( whether by election , succession , or conquest , whether by ordinary or extraordinary means ) it is God that gives them , & he that makes Kings . But ( alas ! ) men do forget this that are in high places , as experience doth shew : And not only Atheists and Idolaters , but even godly Kings are subject to this forgetfulnesse . David extraordinarily called , Salomon also extraordinarily , and Joas extraordinarily preserved and crowned in his tender years , did all forget the ordainer , all forget God their advancer ; and he therefore did chastise them . That instead of applying this to the King , he did ( as his custome ever was , when he spake of his Majestie ) turne and convert it into a Prayer : That since such was the weaknesse of Godly Kings , it would please God of his mercie never to suffer our King to forget Gods goodnesse and mercie toward him , who had called him extraordinarily to be King of the Countrey : first , being but a childe in his Cradle : secondly , his mother yet alive : thirdly , a great part of the Nobility his enemies : and fourthly , some of them still pursuing of him , ever since the heavie burden of government was laid on his shoulders . He concluded that these were his formall words , upon which , what ground any man could have to build such accusation against him , he referred it to the wisedome of his Majestie and his councell , who , he hoped , would not give eare to such who through malice did stretch or wrest his words , or through ignorance did mistake them ; not being able to distinguish betwixt extraordinary calling , and unlawfull calling . This Declaration he set forth , not so much to beg favour or releasement , but to render the reason of his chosen and voluntary exile . Divers moe than he , who suffered as he did , and for the same cause , set forth likewise their apologies to justifie themselves , by clearing of their innocencie , and shewing the causes of their leaving the Countrey & their callings . The Courtiers did interest the King in all these quarrels , and laboured to embarke him therein the deepest they could : and by all meanes strove to make him beleeve that all was against him , and that their aime was at him , whom they wounded through their sides : and fain they would have perswaded all others to the same . But all were not so blinde : there were many that could , & did distinguish and separate the Kings cause from the Courtiers ; and did shew that as they hated them , so they loved him . Especially the Ministery , who at a Generall Assembly ( held at Edinburgh in November ) appointed a generall Fast to be kept throughout the whole Kingdome , and gave out the reasons thereof to be : first , The abounding of wickednesse : secondly , The danger of the Church : thirdly , The danger of the King : fourthly , The danger of the Common-wealth ( which all were meant , & did directly point at the rulers of court chiefly ) through their wickednesse , Atheisme , want of Religion , Godlessenesse , Popishnesse , or Libertinisme , avarice , aspiring ; Who being sole ( said they ) or chief about the King , under the shadow of his authority : first , do trouble the Ministery : secondly , seek to pervert his Majestie , and draw him ( if it were possible for them ) to the same contempt of Religion ; that so in time he might become a persecuter and enemie to the Church , and overthrow it altogether : thirdly , do tread under foot the Common-wealth of this Countrey , by banishing the best of the Nobility , who do love God and the Church best , and are best affected toward the Kings welfare , that they in the meane time may possesse and brook their Lands and Inheritance : And fourthly , who suffered murther , oppression , witch-craft , whooredome , and many other sinnes to passe unpunished and uncurbed . This Fast continued the space of a Week , including both the Sundayes . The Cou●…tiers ( notwithstanding of this ) contemning and slighting all admonitions , kept on their own wayes and course of committing , banishing , discrediting , and weakening of all such as they thought did favour the Nobility , and were not forward enough to further them , and advance their faction . They ingrossed all places of power and authority to themselves ; dis-armed , dis-abled , and diminished all others , and even derided them . Of which dealing I will recompt one example amongst many : I have made mention above , how some discord and variance fell out betwixt Pitcairne , Abbot of Dumfermling , and the Earl of Gowrie . Hereupon Gowrie ( to match Pitcairne ) had reconciled himself to the Courtiers , and was thought to side with them ; and especially to be very intimate with Colonell Stuart . Pitcairne laboured to out-shoot the Earle in his own Bow , and for that end sues to the Colonel for his friendship , which because he knew that it was vendible , he sent him the price thereof ( according to his estimate ) in gold . The Colonell liked the mettall , but not the condition , and therefore he kept both his friendship and the gold to himself ; and having shewed it to the King and Gowrie , deriding him , said , that the Abbot had sent him that to draw the King to favour him ; and thus was he flouted , and wiped clean of his Moneyes . William Douglas of Logh-leven was confined in the Merse , for no other fault , but because he was a Douglas , and an upright honest man as any was in the Kingdome . Sir George Hume of Wedderburne , because he was in Kinne , and a friend of the Earle of Angus , was sent prisoner to the Castle of Downe beyond Forth : Sir James Hume of Coldinknows was committed to the Castle of Edinburgh ; Master Cunninghame of Drummewhasle was likewise imprisoned ; and Master John Colvill brother to Cleish had been served in the same kinde , if he , fearing their rage , had not prevented it by fleeing . Many others were used after the like sort , it being a sufficient crime to favour any of the discourted Noblemen . Last of all , a Proclamation was made , wherein the Fact at Ruthven was condemned as foule , abominable , and treasonable , and all the actors therein ( or favourers of them ) were commanded to depart from Edinburgh , and not to com●… near the place where the King was , or should happen to be , under the pain of death . The Earle of Gowrie had taken a remission for it , but it served not his turne , nor did him any good at all : for he was particularly charged to go off the Countrey , and not to remain in Scotland , England , or Ireland , with a non obstante , notwithstanding any remission obtained before . And to secure themselves yet further , they prohibited all men to carry Pistols , except the Kings Domesticks , and his Guard. They brought home also into Scotland , Lodowick Duke of Lennox ( son to Obignie ) being then but a child , to strengthen their party , and to tie the Kings affection so much the more to them . He was restored to his fathers estate , & ( as a part thereof ) to the Lordship of Dalkeith . This being Angus his inheritance , they thought it would engage the Duke in a perpetual enmitie with him , as it is ordinary for a man to hate him whom he wrongs . On these & the like grounds they established to themselves ( in their own conceit ) a perpetuall & safe estate ; which they had so fastned and linked with the Kings , that neither could be brangled without the shaking and over turning of the other . But these courses produced a quite contrary effect , & even then wrought such disposition in men , as did at last over-throw all their plots , and themselves withall . So frail , and so unsure a foundation is iniquity . For Angus as he was altogether innocent of any thing that could be alledged against him , even in their own judgements , so was he universally beloved of all , by an hereditary popularity from his Auncestours , and more for his own known vertues ; and therefore being thus wronged in his person , and in his inheritance , he was pitied of all . Marre in like manner , being descended of an honourable , ancient , faithfull and loyall race of Progenitours , as also for his own good parts and conditions , was beloved in like sort , and pitied , notwithstanding that he had been an actour at Ruthven . The Earle of Gowrie ( by the contrary ) was greatly hated by the Courtiers , and little set by , or regarded by the other partie . He had assisted ( with his father ) at the slaughtering of Rizio , and was the chief man and principall authour and actour in the fact of Ruthven . Yet had he changed his minde and side at S. Andrews , repented him of what he had done at Ruthven , condemned it , and taken a remission for it . Now being casten off by the Court , and commanded to depart off the Countrey , he repents him of his repentance , and condemnes his condemning ; and would ( if he could ) salve all again by his recanting and retracting of this last act . But as the committing of the fact had made him to be hated by the Courtiers , so his condemning of it had brought him to be suspected of the Noblemen . He had condemned himself , and did deserve to be condemned , either for that he had done at Ruthven , or for his condemning of what he did then , and taking a remission for it . He had given a colour to the adverse party to condemne it by his confession and example , and had furnished them with that argument whereby to presse the condemning of it upon the Ministerie or others . For that was their maine argument , and the string they most harped on , Gowries confession of a fault , and remission for it . All this notwithstanding , he desires to joyne with the Lords , and offers to tie himself to their partie with the strictest bonds that could be devised . Their case was the same with his ; all to be utterly undone , unlesse some remedie were found ; their enemies were the same with his , the guiders of Court ; neither should they onely bee overthrown , but with them and through them the es●…te of Religion , and of the whole Countrey . This as it was spetious , so was it most true and certain , and which could not be denied . But what society could be sure with the Earle of Gowrie so often changing ? If his changing proceeded from fraud and deceit , who could joyne with him ? Or if it were from feare , what sure hold could they have of one so fearfull ? Even Angus himself ( whose nature was farre from distrusting ) could not but distrust and suspect him . Onely , his present case seemed to plead for his sincerity at this time ; which was such , that he knew not where to shelter or secure himself , but by joyning with them . For he was charged to depart out of the Kingdome , which was a token of no good will , nay of true enmity with the Court : or certainly , a deeper dissimulation than any man could concei e. And as necessitie did force him to take part with them , so were they also no lesse urged by necessitie to admit and receive him , in respect of his great power & friendship in those quarters . The Earl of Athol and the Lord Oglebee ( two Noblemen of great power and command ) were his sonnes-in-law : Inshe-chaiffrey and Drummond his dear friends ; and he himself was Sheriffe of Perth , and Provest of the Town . Wherefore Angus his confinement being enlarged to the North-water , and he residing in the Castle of Brechin ( his brother the Earle of Marres house ) he sent one † Master David Hume , whom he trusted , to conferre with him , that hee might trie and sound his minde as narrowly as he could , and report to him what hee found . The Gentleman found him in words , in countenance , and in gesture greatly perplexed , solicitous for his estate , besides the affairs of the Countrey , and greatly afraid of the violence of the Courtiers . So that looking very pitifully upon his Gallerie where wee were walking at that time ( which hee had but newly built and decored with Pictures ) he brake out into these words , having first fetched a deep sigh ; Cousin ( sayes he ) Is there no remedie ? Et impius haec tam culta novalia miles habebit ? Barbarus has segetes ? Whereupon he was perswaded of his upright meaning , and at his returne perswaded the Earle of Angus thereof also . So partly upon this assurance , partly enforced by necessity ( there being no possibility to be strong in those parts without his concurrence ) hee resolved to assume him into their fellowship and societie . Then did those scruples and doubts arise in Angus his minde , which are incident to honest natures and loyall dispositions . Hee considered that banding against Courtiers would be called , and seem to be combining against Authority and the King ; for hee would take their part for the present : so was he to force his will , whom his heart carried him to honour . But what should hee doe ? There was no other way ( that he could devise ) to secure their estates , their houses , themselves , their Countrey , and all honest men from oppression and ruine , to preserve Religion ( which ought to be dear to all men , and was dear to him ) nay , even to save the King himself ( whose safe●…e did consist in the preservation of the Church and Kingdome ) and to deliver him , and pluck him out of the claws of these Harpies , whose oppression and wickednesse did reflect upon him , and redound to his dishonour : For whatsoever they did , was done in his name , and said to be the Kings will and pleasure . Their banishing of Noblemen , and oppressing of all sorts and ranks of men , without difference or respect , so that there was no honest man but stood in continuall fear of losing his life and estate : all this was laid upon the King. Their avarice was insatiable , their malice cruell , and their suspition unsatisfiable . They stood not upon reason , law or right ; any pretence ( which they never wanted ) served them for a warrant to seize mens persons or estates . Their ordinary course was to summond a man super inquirendis , and if he did compeir , to commit him to a free or close prison ; if hee were afraid , and did not compeir , hee was found guiltie of rebellion , denounced , and his goods seized . They would be sure not to want witnesses to prove any thing against any man , by torturing his servants , or himself , to wring something out of him , which might bee matter against him , through impatiencie , and the violence of the Rack : At least hee should bee sure to bee vexed by re-examinations , and with-drawn from his necessary affairs , that so hee might bee constrained to buy his libertie and leave to stay at home , with some portion of his land , or a piece of money . These doings of theirs , though many knew that the King did not allow of them , yet being coloured with his authoritie , were apt to alienate ( and might in time produce that effect ) the mindes of the Subjects from their Prince , as also the heart of the Prince from his Subjects , by their filling his ears with jealousies , and by making vertue a cause of suspition , and him that was vertuous in any eminent measure , suspected and hated ; and on the contrary , vice and the vicious to have vogue and credit , and to over-rule all . How could this bee obviated , unlesse these men were removed ? And how could they be removed without controlling of the King ? And to contrary him ( though it were for his good and sasetie ) how ill would it be taken by him ? Invitum qui servat , idem facit occidenti : To save a man against his will , is commonly rewarded with slender thanks . Patriam & parentes cogere etiamsi possis , & utile sit , tamen importunum est : To save a Prince against his will , and to force him for his good , how dangerous a point is it ? For they account it as their life to reigne , and no reigning without absolutenesse , unlesse they reigne at libertie , without any controllment , were it never so little . But there was no remedie ; whoso undertakes any great enterprise , must resolve to passe through some danger . And it is good for Kings sometimes that their hands bee held . had Alexanders hands been held when he killed Clitus , hee had not offered to kill himselfe , nor should Calistines have needed to take such pains with him , to make him digest his griefe for it . If speeches could have prevailed with the Courtiers , the Ministers had tried that way , but with bad successe : for they were accounted seditious and traiterous for their liberty and freedome therein . Wherefore there was nothing remaining but to remove them at what ever rate : and if his Majestie should take it ill for the present , future obsequiousnesse would make it appeare , that what they did , was in love and humilitie , and no wayes out of any treasonable or malicious intention , or out of arrogancy , pride , or presumption . The French Proverbe taketh place ; Il faut passer par la : there was no other way besides ; no audience , no accesse could bee had to him by any other means . So they conclude to joyne their pains , and to partake of the perill . The way resolved upon , was , to assemble themselves at Stirling with their Forces ; there to supplicate the King , and to make their declaration to the Countrey : to intimate their grievances and desires , with all respect to his Majestie , and with all evidence and plainnesse , against the Courtiers . For this end , the Earle of Marre and Master of Glams should bee sent for , and first finde meanes to take in the Castle of Stirling ( an easie taske for the Earle of Marre to performe , having his friends lying near to it , and the Towne devoted to his service ) then the Earle of Gowrie should goe thither ( who lay nearest to it ) together with the Earle of Athole , the Lord Oglebie , the Drummonds , and the Murrayes : Next to him the Earle of Angus from Brechin , to whom his friends would repaire out of the South parts , the Merse , Liddesdale and other parts : The Earle Bothwell , my Lord Lindsay , and diverse others of the Nobilitie were also on the party , and had promised to joyne with them . Being once Conveened , and having the affection of the Ministerie and Burrowes , they hoped to bee strong enough against these new mens owne power , assisted onely by their particular friends . If the Kings name were used against them , there behoved to bee a Convention of the Nobilitie , and Barons ; who would heare the Cause , judge impartially , and informe the King truely , without flattery or feare of the courtiers , whom they hated ; neither could they doubt of his equitie , and tractablenesse , when hee should understand how things were . So the businesse should end without bloud , and have a good and happy issue . And if the worst should come , yet were it better to die noblely in the field , then to bee hailed to the scaffold and suffer by the hand of the Executioner . Thus did they propose , but God did dispose of things otherwayes . Men know not the Councell and secrets of the Almightie , whose determination doth onely stand and come to passe . He had not ordained , that they should execute their designs , nor that they should die in the quarrel ; it was to be done by another way , and at another time : the cup of their iniquitie , was not yet full against whom they tooke armes . Wherefore they were disappointed at this time , which fell out thus . The Earle of Gowry was charged the second of March to depart the Countrey within fifteen dayes . Hee shifted and delayed ; this affrighted the Courtiers , or gave them occasion to seeme affraid , and to put the King into a feare and suspition , that there was some enterprise in hand against him : whereupon the Citizens of Edinburgh were made to keepe a watch about the Pallace . Gowrie made shew as if hee had intended to obey the charge ( contrary to the advice of his associates ) and that they might beleeve that his intention was reall , hee goeth to Dundie , causeth provide a ship , and make all things ready ; so that the Courtiers were not more affraid that hee would stay , then his Partners were that hee would hoise saile , and bee gone ; Especially , the Earle of Angus distrusted him , and was jealous of his dissimulation , being uncertaine whether it were with the Court , or with them that hee did thus dissemble . At last having trifled out the time , till mid Aprill , Colonell William Stuart came to Dundie , and having a small company with him , setteth upon him at unawares , and made him save himselfe in his lodging . Then having brought some pieces of Ordnance out of the ships , which lay in the Haven , being aided by the Townesmen ( to whom hee had brought a Commission , and warrant from the King ) hee began to batter the house ; whereupon it was rendered , and the Earle taken prisoner . By chance as this was in doing , a servant of the Earle of Angus , coming from Dalkeith by Dundie , and having seene all that had happened , made haste , and came to Brechen about twelve a clock of the night , where hee gave his Lord notice of what hee had seen . Hee arose presently , being much moved therewith , and sending for the Gentleman , whom hee had imployed to trie his minde before , made a heavie moane , bewailing the overthrow of their cause , and of themselves . Then hee asked his opinion what hee thought of it , and first told his owne , that hee thought it could bee nothing else but deceit , and collusion , which hee had ever feared , and was now evident , that his going to Dundie ( contrary to his advise ) had no other end but this : and that his lingering proceeded from the same ground . For ( said hee ) how could the Colonell undertake to apprehend him with so small a number of men , if hee had not himselfe beene willing to bee taken ? If hee doubted , or distrusted the towne of Dundie , why did hee commit himselfe to them , or come in their power ? Why did hee not stay at Perth , where hee was out of all danger , till the time appointed were come ? Doubtlesse , hee hath betrayed us all , and hath colluded to suffer himselfe to bee taken ; so to colour his unfaithfull dealing with us . It was answered , that hee could not approve his coming to Dundie , which hee ever disliked , and had laboured to disswade him from it , but could not prevaile : yet it seemed a hard construction to thinke that hee came thither of purpose to act a fained apprehending ; that his slownesse and lingering was well knowne to bee his naturall disposition , ( being another Fabius Cunctator in that point ) which hee had often found by former experience , and often contested with him for it . But to thinke him false in such a degree , or to imagine him to bee so foolish as to come in the hands of those Courtiers , with a crime lying on him , ( though but counterfeited ) it was such a point , that for his owne part , his opinion was , that he durst not do it , lest they should make use of it for his ruine , and convert a colluded crime into a true dittie , and so worke his death . But this could not satisfie the Earle of Angus , but still hee kept his opinion , that there was no realitie in that act of Gowries apprehending . And hee was the more confirmed therein , when he heard that the Colonell carried Gowry to the houses of his owne especiall friends , such as Weemes of Wester-Weemes , whose sonne offered to set him at liberty , and to take him out of the Colonels hands , and to goe with him himselfe , which hee refused to doe . Angus passed the rest of that night in great solicitude and feare , lest hee himselfe should bee assailed , and taken after the same manner , which had beene no hard matter to performe , hee having but a small family , and the Castle not being furnished with Armes , the Earle of Crawford lying hard at hand with his dependers , and that whole Countrey being evill affected to him . But whether the Colonell had no Commission to take him , or that hee did not thinke of it , and thought hee had sped well enough already by taking Gowry , is uncertain : but however it were , hee went away with the prey hee had gotten without attempting any thing against Angus . And yet for all that , Angus was not altogether secure , knowing well his danger , and the small power hee had to defend himselfe : for in the day time hee went abroad a hunting , that they might not know where to finde him : and in the night , hee caused his servants to keepe watch , that hee might not bee surprized unawares . Within three dayes after , the Earle of Marre sent to him , to let him know , that the Master of Glames and hee had performed their part of the worke , had taken the Castle of Stirling , and were ready to wait upon his coming , which they entreated him to hasten . There was no choice , they were his true friends , and hee was no lesse theirs : and they were resolved to runne the same hazard in that course , from which there was no retiring for any of them . Angus desired the Lord Oglebee , and Master Oglebee of Powrie , with others of that name , to goe with him . They were allied to the Earle of Gowry , and were well affected to the businesse , as also they were his owne vassals ; but being terrified with Gowries taking , and thinking that their joyning with the Lords would incense the Courtiers to take some hard course with him , and not knowing what his minde was herein , they refused to goe . Hee notwithstanding , goeth with his owne family , from Brechin to Stirlin , and avoyding Perth , he crossed the river of Tay , at that place where it meets with Almont by boat , and comes to Inshechaffray , where he lodged with the Lord thereof , but could not perswade him to take part with them for the same reason , when he came to Stirling he was kindly welcomed by Marre , and the rest that were there ; and presently dispatched away letters , and messengers to Douglas , and other places , for his friends and dependers to come thither to him , with as great speed and diligence as they could . He wrote also to Robert Douglas ( eldest sonne to William Douglas ) of Logh-leven to the same purpose ; but the letter falling into the hands of his mother ( her name was Leslie ) she tooke upon her to answer it after this manner . It is not enough ( saith she ) for you to undertake so foolish a worke , whereby you cannot but ruine your selves , but you would also draw my sonne and house to the same destruction : I have hindered him , and laid my curse and malediction upon him , if hee take part with you , like as I doe upon you , if you make him disobey me . This letter moved him very much , and he caused an answer to be returned to her according as it merited , which was thus . I can very well beleeve that it is your doing to keep backe yo●…r sonne from so honourable an enterprise , knowing his owne disposition to bee alwayes honourable and noble , and such as of himselfe hee would not neglect , his duety either to his friends , or countrey . The Noblemen that are conveened here , have entered upon such a course as becomes them , for discharging their duetie both to God and man : what the event will prove , is knowne onely to God , and in his hands alone ; if wee perish herein , wee cannot perish more honourably . Yet wee hope that God , in whom we confide , and whose cause wee have taken in hand , will worke out our safety , and accomplish that which wee intend for the good of his owne Church ; when you and your house ( for which you are so solicitous , with the neglect of the house of God , and of all friendly duety ) shall finde the smart of such carelesse indifferency , and perish ( as we feare , and are sory for it ) through such carnall and worldly wisedome and warinesse . And so indeed the event proved more answerable to this prediction then he wished : for the Lords escaped into England ( for that time ) and were safe in their persons , and within a yeere and a halfe , they brought their designes to passe , ( which were now frustrate ) by Gods blessing upon them : but her sonne Robert , and her son in law Laurence , Master of Olyphant , being commanded to depart the Countrey , as they were sailing for France , perished at sea , and neither they nor the ship , nor any that belonged thereto , were ever seene againe , yet how it came to passe is uncertain . The most common report is , that being set upon by the Hollanders , and having defended themselves valiantly , they slew a principall man of the enemies ; in revenge whereof they sanke the ship , and all that were in her : Others say , that after they had yeelded themselves , they were hanged upon the mast . A pitifull case , but a notable example . The youthes were noble , active , and of great hope and expectation , and so great pitty of their losse . But it may shew us how little suretie there is in too great affecting of it ; as on the contrary , how perills are avoyded by hazarding and undergoing of perill . And their case is so much the more to bee pittied , and lamented ; as that they themselves were very unwilling to have followed such perverse wisedome , had they not beene forced to it by their mothers importunitie . The Lords proceeded as they could with their intended course . They caused set forth a Declaration , shewing their minde and purpose , together with the causes thereof , the abuses in Church and Common-wealth . They remonstrated what tyranny was exercised by James Stuart , under colour and pretext of the Kings will and pleasure ; how the Nobilitie , and men of all rankes , were vexed by him ; what mis-reports were made of them to their Prince ; what violence used against them ; what evils were presently felt , and what more were to be feared and looked for hereafter to ensue hereupon : The distraction of the hearts of the people from their Prince , and of the Prince from his people ; the blasting of the greatest hopes of vertue that ever was in a young Prince , and of his pietie , in the solid use of true Religion ; by working feare of the contrarie ; tyrannizing in government , and superficiall profession of Religion , yea of reducing Poperie , or ( which is worse ) of irreligion and Atheisme . They told how dea●…e their Religion , their Countrey , their Prince was to them ; what their owne estate and condition forced them to ; what the care of all these required of them , out of dutie , in regard of their place , being Nobles , and Peeres of the Land , and Privie Counsellours by birth ; how every man , according to his place , was bound to lend a helping hand , but chiefly those of the Nobilitie , yet not excluding either Barons , Burgesses , or men of whatever degree , ranke , or qualitie , when the common Ship of the State was in hazard , and in danger of being overwhelmed and perishing , and when there was such a fire kindled as would devoure all , if it were not quenched in time . How they , for their owne part , after long patience , seeing all things grow worse , had now at last ( being driven thereto by necessity ) called to minde what duty , conscience , God , and the station wherein God had placed them , did crave of them : which was , to endeavour , that wicked Counsellours ( namely James Stuart , called Earle of Arran , chiefe Authour of all the mischiefe ) might be removed from about his Majestie , after such a manner as they could best doe it . And since no accesse was free , and no man durst or would undertake to present their supplications to the King , which contained a true information of his owne estate , of the State of the Church and Countrey , together with theirs ; therefore they had conveened in Arms , not intending any hurt to their Prince ( whom they ever had honoured , and still did honour , and whose welfare was their chiefe end and aime ) or to wrong any good subject , but for defence of their owne persons , untill they should inform his Majestie of that which concerned him , and belonged to them to remonstrate unto him , either in his owne presence , or by a publick Proclamation , that so it might come to his eares , which otherwise these wicked Counsellours did and would hinder him from hearing : and that so it might come to the knowledge of all men , and move the hearts of such as had true , honest , and courageous hearts , to concurre with them in that so honourable and necessary a worke . Wherefore they exhorted all men that they would not , through fearfulnesse , or a vaine opinion of obedience to the pretended command of a Prince ( who then was best obeyed , when God was obeyed , and wickednesse punished ; who did then truly reigne , when wicked Councell was removed ) withdraw themselvs by lurking , & abandon the common good , in hope to provide for their own particular safety , which was not possible for them to doe at any time or in any case ; much lesse under such a man could there be any security for any good and honest man , he being so violent , proud , tyrannicall , unjust , and such a profane mocker of Religion , who would not be tied to , or guided by any law or reason , but was carried away by his owne appetite and ambition , and who was more fit to be the executioner of a bloudy Nero , then a Counsellour to such a just and Christian Prince : farre lesse to be sole Ruler and Commander of the Kingdome under the shadow of his Majesties authority , having so abused and polluted his name , who was so honoured in his cradle , and admired through the world for his hopefulnesse , and great expectation of all princely vertues . Whoso truly loued him , ought to concurre and lend their aid to plucke him out of the jawes of these worse then wilde beasts , that so his estate , kingdome , honour , and person ( both in soule and body ) might be preserved . This was the summe and straine of their Declarations and Letters sent abroad to move men to joyne with them in this businesse , but all was in vaine : for despaire of doing any good at this time had so possessed the hearts of all men , that even the best affected did choose to sit still , and lie quiet . The Earle of Gowries apprehending had so astonished them , and the incertaintie how to construe it did so amaze them , that all his friends ( who should have made up a great part of their forces ) as Athole and others , absenting themselves , others fainted and held off . Even Sir George Hume of Wedderburne , a man both zealously affected to the cause , and entirely loving the Actors ( Marre and Angus ) as being tied to them by bloud , alliance , and particular intimatenesse of friendship , though he were acquainted with their proceedings from time to time , and being prisoner in the Castle of Downe in Monteeth , might easily have e●…caped from thence , and come to them to Stirlin , yet did he avoid all medling therein , and would neither receive nor send message concerning that matter : yea , they themselves were contented that he should doe so in that generall desertion , having gained nothing by their Declaration and Remonstrance , save the publishing of their Apologie , which was not necessary to friends ( whose approbation they had already ) and wrought nothing upon others . For though the King had a copie thereof delivered into his own hand ( which they greatly desired , that thereby he might know the naked truth of things , and be truly informed of the Courtiers carriage and behaviour ) yet did it produce no effect to purpose : neither did they make any use thereof , that was known , either to informe and perswade the King of the things contained therein , or to reforme themselves . Wherefore now their whole thoughts ranne onely upon this , how to come off , their lives safe , and reserve themselves to a better and more convenient time : so incertaine is the event of all humane enterprises . The Courtiers failed not to make contrary Proclamations in the Kings name ; the bare shew whereof ( though there were but very few that favoured them or their proceedings in their heart ) was of such force , that men conveened thereupon out of all quarters . It was made in the strictest forme , commanding all that were able to beare Armes , from sixteene yeares of age to sixtie , to assemble themselves , and to bring with them provision of victuall for thirty dayes , to march whither the King should be pleased to direct them . Hereupon Francis Stuart Earle of Bothwell ▪ came with his forc●…s to Edinburgh , where the King was : but he being brother-in-law to the Earle of Angus ( having married his sister ) the Courtiers did not like of his company , and so he was commanded to returne home againe to his house . He was indeed of the Lords faction , and so were many others who obeyed the Kings proclamation , who , if they had had hearts and heads , were enow of themselves to have taken order with the Courtiers . But being dasht with feare of they knew not what ( if they had considered aright ) they looked upon one another , and so were forced to guard those men whom they could have wished to be hanged . The Town of Edinburgh were commanded to make out 500. Musketiers , which they did , and this was the Courtiers greatest strength , yet consisting of the vulgar , and such as had no obligation to binde their fidelitie to them , and ( if they had seen the Nobilitie & Gentry go about to take them in hand ) would not have made great opposition , nor have hazarded themselves for the Courtiers safety , in all likelihood . However , Colonell William Stuart is sent with 500. men to Fawlkirke , whereupon the Lords at Stirling went to a consultation to see what were best for them to doe . They had not with them above 300 ▪ men , which were their owne proper followers ; yet being resolute , willing , forward , and active Gentlemen , it was thought fittest by some to assaile him , and to punish his boldnesse and audacitie for taking such charge upon him , being but a meane Gentleman , to invade and come against the Nobility . Disdaine , anger , and courage seemed to approve of this resolution , that so his malapertnesse might be chastised and dashed . Neither were it without good use ; for if he were once defeated , the rest would make a halt , and not be so forward : that the first successe is of great moment , and might bring matters to a parley , or such as craved audience of the King to get it : that it was no hard matter to doe , he being accompanied by such as cared not for his personall safety , and had no tye to defend him with the hazard of their owne lives especially , but would be glad to have a faire excuse , and occasion to abandon such an one , in such a quarrell : especially if he were invaded in the night , the darknesse would excuse , and take away their shame of flying . It was argued of the other side , that night conflicts were subject to hazard , errour , and mistaking , as well on their owne side , as the enemies : and that it could not be performed without bloud , and that ( perhaps ) of the most innocent , whereas he himselfe , whom they chiefly aimed at , might escape : neither would the defeat of these few bring successe to the cause , the enemies forces remaining whole and entire in Edinburgh , which would guard and defend them : besides , by so doing they should be involved in a crime , and made obnoxious to the lawes , which as yet they were free of : that it were better to suffer the guiltie to goe unpunished for a while , then to spill the bloud of the guiltlesse : and seeing they could not thereby accomplish what they had intended , their best was to retire and withdraw themselves , with as great innocencie and modestie as they could , having done hurt to no man. This advice prevailed with them , and so they concluded to march in the night season toward Fawkirke , but so soone as they were gone out of the towne of stirling , to take the way that leadeth to Lanericke ; the which they did accordingly , leaving the Castle of Stirling in the custodie of David Hume of Argatie . Being in Lanerick , as they were refreshing themselves , and baiting their horses , word was brought them that a Troup of horsemen did approach : whereupon fearing that it was Colonell Stuart pursuing them , they took horse , and sent Archbald Douglas ( called the Constable , because he had beene Constable of the Castle of Edinburgh in the Earle of Mortons time , as hath beene shewed before ) to discover what they were . Hee finding that it was Johnstoun ( who had beene sent for to Edinburgh to assist against the Lords , and was dismist upon their retreat from Stirling ) went familiarly to him , fearing no harme , so much the rather , because Johnstoun and Angus were brothers by their mother . But Johnstoun either fearing that notice might be given to the Courtiers , and he challenged thereof , if he should let him goe ; or to get thankes , and shew his forwardnesse to their service , layes hold on him , and carries him immediately backe to Edinburgh , declaring what way he came into his hands , and what way the Lords had taken , delivering also Archbald their prisoner to be used at their pleasure , not looking for such cruelty from them as ●…e found . For they , partly to seale the justice of their cause by bloud , partly to make the greater alienation betwixt the brothers ( Johnstoun and Angus ) that being out of hope of reconciliation , he might be necessitated to cleave to their side : they thanke him in words for this his good office , and hang Archbald . The Earle of Angus , and the rest that were with him , being resolved to goe into England , tooke their way through Tweddale toward Branxton : from ●…hence passing through east Tiviotdale , they entred England on that hand . Calso , where the Earle Bothwell remained , was not farre out of their way ; wherefore as they passed by it , it being now night , hee came forth to them secretly , and had conference with them . Thereafter , as if hee had come to pursue them , there was a counterfeit chase made , and a counterfeited fleeing for the space of a mile , till they were on English ground . The next day they came to Berwicke , where they were received , and remained a certaine space . After their departure , the King went to Stirling with his forces , where the Castle was rendred by the Keepers , who forced the Captain to yeeld it absolutely , without condition of so much as their lives safe . So hee and three more were executed by the Courtiers suggestion . Here also the Earle of ▪ Gowrie was brought from Kenniel , and arraigned of high Treason , whereof being condemned by a Jurie , hee was beheaded . Neither did the forbearance of his friends to joyne with the Lords at Stirlin ( then in England ) procure him any favour ; whereas if they had joyned with them , and so strengthened their party , they might have terrified the Enemy , and obtained better conditions for him . Hee was executed the eight and twentieth day of April 1584. The points whereof he was convicted , were the fact at Ruthven ; and the late enterprise at Stirlin . His speech was short ; hee answered to the first , That he had a remission for it : and to the second , That there was no intention there against the King : onely they had purposed to remove those wicked men who abused him , and whose thirst of bloud hee wished that his death might quench . But they cared little for his speeches , and as little for his alliance , his Countesse being a Stuart of the house of Methven , toward whom and her children they shewed no respect at all , but used them with all incompassionate rigour and crueltie . For she coming to intreat for her self and her children ( in the time of the Parliament ) and having fallen down upon her knees before the King , shee was troden under foot , and left lying in a sound . From Stirlin they returned to Edinburgh , and there kept a Parliament the two and twentieth day of May , in which the Earle of Angus and 〈◊〉 , the late Earle of Gowrie , and the Master of Glames , with divers Barons , and others their associats were forfeited ; the fact of Ruthven con●…emned , the order of Church-government ( by Presbyteries , Synodes , and Generall Assemblies , which had been received , and publickly allowed in Scotland , all men swearing and subscribing thereto , and the oath translated into divers languages with great approbation of 〈◊〉 reformed Churches , and no small commendation of the King and Countrey ) forbidden and prohibited , and termed unlawfull conventions . And in place thereof the office of Bishops ( condemned by this Church as unlawfull , as an invention of mans braine , having no warrant of the word of God ) was reared up again and erected . Also Master Robert Montgomerie ( who had been excommunicated for accepting such an office ) was now released and restored to his place . There was strait inhibiting all men from speaking against these Acts , against the Kings proceedings , Counsellours , or Courtiers under highest paines . What shall the Ministers do here ? Shall they oppose ? That were to cast themselves into certain danger , and to expose themselves to the crueltie of cruell men , armed now with a colour oflaw . Should they keep silence ? hear with patience that order blaspemed , which they had approven , received , sworn to , and the contrary ( which they had detested , abominated , condemned ) set up and allowed , to their no small disgrace , and shame of the Countrey ; yea , to his Majesties discredit in forraine Nations ? and suffer a doore to bee opened to those corruptions , which had been kept out of the Church , both in doctrine & manners , by vertue of that order , which onely ( in their conscience ) was agreeable with Scripture ? This their zealous hearts could not endure : let all perill be silent , where conscience and Religion speak : let no enemy breathe out his threatnings , where the minde is set on God. So it came to passe here . For while the Acts were in proclaiming at the Market-Crosse of Edinburgh , the Pastours of that Towne , Master James Lowson , Master Walter Balcanquell , Master Robert Punt , taking their lives in their hands , went boldly and made publick Protestation against that Act of the erection of Bishops , as unlawfull , in many respects , whereof they took instruments . Hereupon they being menaced , to avoide their furie , Master Walter Balcanquell flees to Berwick , together with Master James Lowson : Thither came also after them Master James Carmichael ( Minister at Hadinton ) Master John Davison , and William ●…ird , Ministers of the Suburbs of Edinburgh , or some Churches neare to it : also Master Patrick Galloway , and Master James Melvin , with divers others of the Ministerie . Edinburgh being thus destitute of Pastours , Master Patrick Adamson ( Archbishop of Saint Andrews ) was brought to supply their places , and to maintaine the lawfulnesse of the office the seven and twentieth day of May , being Wednesday , which was an ordinary Sermon day , but on which the Courtiers were not ordinary auditours . But that day they would needs accompany their Bishop , and grace him with the Kings personall presence . Yet the people disgraced him by their absence ; they disdained to heare a Bishop , other than a Pastour , whose office is not ordained by GOD in the Scriptures , and was ejected out of the Church of Scotland ; wherefore being grieved to see this Wolfe in their true Pastours place , they go out of the Church and leave him to preach almost alone . Besides the common people , the Kings owne Ministers Master John Craig , and John Brand , also John Herriese ( with others ) preached against it , and were therefore summoned to appeare before the Councell the five and twentieth day of August ; where they were reviled and rebuked with bitter words , as sawcie and presumptuous fellowes : and being demanded how they durst speak against the Kings Lawes , they answered boldly , that they both durst and would speak against such Lawes as were repugnant to the word of GOD. Hereupon the Earle of Arran starting up suddenly upon his feet in a great rage , fell a swearing many an oath , and with a frowning countenance said unto them , that they were too proud to speak such language to the Councell ; adding , that hee would shave their heads , paire their nailes , and cut their toes , that they might bee an example to others . Then hee warnes them to compeir before the King himself at Falkland the foure and twentieth day of September ; where they were accused againe by the Earle of Arran ( then Chancellour ) for , breaking of the Kings injunctions , in not acknowledging nor obeying his Bishops . To which they answered , that Bishops were no lawfull office of the Church , having never beene instituted by Christ ; and that therefore they would not obey them ; nor no person else that would command without warrant of the word of GOD ; assuring him that GOD would humble all proud Tyrants that did lift up themselves against him : as for them , their lives were not so deare to them , but that they would bee contented to spend them in that cause . Arran arising from his seat , and sitting down on his knees , sayes to them scoffingly ; I know you are the Prophets of God , and your words must needs come to passe ; behold now you see me humbled and brought low . Well , well , ( saith Master John Craig ) mock on as you please , assure your selfe , GOD sees , and will require it at your hands , that you thus trouble his Church , unlesse you repent . Then they were remitted to the sixteenth day of November , and in the mean time Master John Craig was discharged to preach . About this time ( in November ) Master James Lowson died at London , meekly and sweetly as he had lived . Edinburgh had been all this while destitute of Pastours , and did want preaching at sometimes for the space of three weeks . This was very odious amongst the people , and now ( Master John Craig being silenced ) they were like to want oftner than they had done : to remedie this , the Archbishop of Saint Andrews was ordained to preach to them , and the Towne-Councell ordained to receive him as their ordinary Pastour . The Councell obeyed , but the people would not heare him , and when they saw him come up to the Pulpit , they arose , and went forth at the Church doores . The Ministers every where persisted to oppose that office , and by common consent appointed a Fast to be kept the foure and twentieth day of October , whereof they publickly and advowedly gave out these to be the causes : First , to stay the creeping in of Wolves ( meaning Bishops : ) Secondly , that GOD might send true Pastours : Thirdly , that he would repair the breaches and decayings of the Church ( which had been sometime the Lanterne of the world : ) Fourthly , that he might remove the causes of this decay ( tyranny , and the flatterie of Courtiers . ) This was plainer language than pleasant , they behooved to be wisely dealt with . There are two wayes to deal and work upon men : by fear and by hope : by terrifying and flattering ; they used both these toward them . Wee heard how the sixteenth day of November was appointed for their compearance : many therefore were warned against that day from divers parts . When they were conveened , they were pressed to allow of the Act concerning Bishops ; and in token of their approbation thereof , to promise and subcribe obedience to their Ordinary . To move them hereto , they partly flattered , and partly threatned them ; saying , That all was well meant , and no hurt intended to Religion : Who was so well affected to it as the King ? Who so learned among Princes ? Who so sincere ? That he would respect and reward the worthy and obedient : And by the contrary , no Stipend should be payed to him that refused ; but hee should be deprived , imprisoned , banished . When all this could not prevaile , they devise how to temper and qualifie their promise of obedience , which was conceived in these words ; You shall acknowledge and obey Bishops , according to the word of God. This seeming a restriction and limitation ( as if the meaning had been that they should allow of , and obey Bishops as far as the word of God allowed , and ordained them to be obeyed ) many took it for good Coyne , and were so perswaded of it , that some said in plaine terms , Bring a Cart full of such Papers , and we will subscribe them all . For to obèy such a Bishop in such a sort ( according to the word of GOD , that is , so far as the word of God commands to obey him ) is not to obey him at all : for the word of GOD commands not any obedience at all to such a Bishop : neither doth it ordain , acknowledge , or once name such a Bishop . Thus either truly deceived , or deceiving themselves , that they might redeeme their ease by yeelding , and cover their yeelding with an equivocation , they found that it was all in vaine ; for they were not admitted nor permitted to expound it in that sort ( whatsoever their meaning was ) but were forced to accept of the exposition which the Court and the Bishops did put upon it : who understood that phrase ( according to the word of God ) not as a limitation but affirmatively , wherein it was acknowledged that the word of God did command obedience to them ; and therefore they promised obedience according to that command . Notwithstanding of all this , divers stood out , and would no wayes be moved , neither by threatnings nor by promises to give the least shew of approbation directly or indirectly , by equivocation , or any other forme whatsoever ; but spake plainly against them , and prayed publickly for the banished brethren . Of these Master Nicholas Dagleish was one ; who thereupon was accused as too bold to pray for the Kings Rebels . He answered , that they were no Rebels , but true Subjects , who had fled from tyranny , and such as sought their lives by commanding them to doe against their conscience . Hee was empannelled , put to his triall by an assise , and was cleansed , in despite and maugre the Court ; so farre there remained conscience in men . But the Courtiers will not let him escape thus dry-shod ; they labour to finde a hole in his Coat another way : they search and finde that a Letter had come from Master Walter Balcanquell to his wife , which because shee could not well read the hand , shee had given him to read to her , and he had read it . Hereupon he is again put to an as●…se : and they , not daring to cleanse him , yet would they not finde him guilty , but desired him to come into the Kings will. Hee was contented to submit himself to the Kings pleasure ( for so much as concerned the reading of the Letter ) and so was sent to the Tolbooth , where hee remained three weeks , and was from thence sent to Saint Andrews . And thus went Church-matters ; In the civill government there was none now but the Earle of Arran , he lacked the name of King ; but hee ruled as absolutely , and commanded more imperiously than any King , under the shadow of the Kings authority , and the pretext that all that he did was for the Kings good and safety . Hee had gotten before the keeping of the Castle of Stirlin ; he behooved also to have the Castle of Edinburgh in his power . Alexander Ereskin ( Uncle to the Earle of Marre ) was Captain of it , hee must needs favour his Nephew and his Faction : wherefore it was taken from him , and given to Arran , who was also made Provest of the Towne . Hee was Chancellour of Scotland , and having put out Pitcairne , Abbot of Dumfermling , hee made Master John Metellane Secretary . Hee did whatsoever hee pleased ; if there were no Law for it , it was all one , hee caused make a Law to serve his ends . 〈◊〉 was observed , that his Lady said to one who alledged there was 〈◊〉 〈◊〉 ●…or doing of what shee de●…red to have done ; It is no mat●… 〈◊〉 shee ) wee shall cause make an Act of Parliament for it . If 〈◊〉 ●…an re●…used to do o●… grant any thing hee craved , they were 〈◊〉 〈◊〉 bee tossed and vexed for it ; even the chief of the Nobility . 〈◊〉 , Cassils , and the Lord Hume were committed : Athole , be●…●…ee would not divorce from his wife , and entaile his estate 〈◊〉 〈◊〉 the Earle , or Master of Cassils , because hee would not give 〈◊〉 〈◊〉 great summe of Money , under the name of a Loane : the 〈◊〉 〈◊〉 , because he would not give him his portion of Dirleton . 〈◊〉 ●…he Lord Maxwell ( then Earle of Morton ) was quarrelled , be 〈◊〉 hee would not excambe his Baronie of Pooke , and Maxwell ( 〈◊〉 ●…ld inheritance ) for a parcell of the Lord Hamiltons Lands , which we●…●…ow his by forfeiture . Many Lands had hee taken from many , but 〈◊〉 satisfied , ever seeking to adde possession to possession , 〈◊〉 was not impertinently remonstrated to him by John Barton Goldsmith , a wittie and free-spoken man. Hee had directed this Barton to ma●…e him a Seale , and to carve on it his Coat of Armes duely quartered according to his Lands and Honours . This he did pretty well to his contentment , but he left one quarter thereof blank and void . Hereof when the Earle asked the reason , he answered , That there may be room for the Lands your Lordship shall purchase hereafter . Hee took for his Motto , Sic fuit , est , & erit : m●…ning that it was an ordinary thing in all ages for meane men to rise to great fortunes ; and that therefore it ought not either to bee wondred at , or to be envied . And it is true , if the meane had been vertue and not wickednesse , which ever was , is , and will be both envied and hated , as it deserveth . His ambition was such ( amongst other examples thereof ) that Queen Elizabeth must needs bee God-mother to his daughter , whose Ambassadour was present at the Christening . His crueltie ( though conspicuous many wayes ) did appear singularly in the causing execute Master Cunninghame of Drummewhasle , and Master Douglas of Maines , his sonne-in-law . This Cunninghame was an ancient Gentleman , and of an old house , who ( himself in person ) had beene a follower of the Earle of Lennox ( the Kings Grandfather ) and had done him good service when he took in the Castle of Dumbartan , and Douglas of Maines was esteemed to bee one of the properest men in the Kingdome , and was a youth of good expectation : yet both of them were hanged at the Market Crosse of Edinburgh . The pretext was a forged conspiracie to have taken the King on a certain day at hunting , and to have carried him into England . Their accuser was Robert Hamilton of Inshemachon , who was ( as hee said ) himself upon the plot , or at least ( as hee said ) had been desired to bee of it by Master Edmiston of Duntreath . Edmiston being apprehended , related ; How they had plotted to bring in the exiled Lords on horses ( forsooth ) which had their eares , their maynes , and their tails cut , themselves being disguised , &c. A tale which was so unhandsome , toyish , and ridiculous , that no man did beleeve it , but esteemed it a foolish fable ; yet did they make use of it , to practise their crueltie upon such as they feared , and to make themselves a terrour to all men . To returne to the Earle of Angus , he and his associats were removed from Berwick to New-castle , in May. So it seemed good to the State of England ( seeing no appearance of their hastie restoring to their own Countrey ) to secure the Court of Scotland , by taking that thorn out of their foot , which was too near , and too pricking at Berwick . Besides , these banished Lords were not greatly liked of by the Lord Hunsden , then Governour of Berwick : for hee entertained correspondencie with the contrary Faction ; either out of his own inclination , or being directed so to do for reasons of State , or for both ; hee so inclining , and the State of England making use of that his inclination , that by him they might understand and make use of the mysteries of the Court of Scotland , and such as guided it . But our Courtiers being rid of the fear of the Lords so near neighbourhood , did the freelier vent themselves , and discover their wayes , and by discovering , bewray their wickednesse , and disgrace themselves . As they went to New-castle , they visited by the way , Lord John Hamilton , and Claud of Paslay ( his brother ) at Widdrington , the place of their abode . There had been some variance betwixt them , but now being all involved in the same case of banishment , it was to no purpose to entertain and keep in t●… sparkle of discord , and therefore they were reconciled . Being come to New-castle , they stayed there a while , not so much to enterprise any thing from thence upon any ground they had laid already , as to wait for any occasion that should be offered . Here did the Earle of Angus his kindenesse and bountifull disposition toward all men plainly shew it self . For hearing that the Ministers were come to Berwick , hee caused a Letter to bee written , and sent to them , from them all in common ; and hee himselfe wrote particularly to them besides , and caused the rest of the Nobilitie to write also their private Letters , wherein many arguments were used to perswade them to come to them . Especially hee wrote very earnestly to Master James Lowson , and Master James Carmichael , not neglecting any of the rest , fitting his argument according to his acquaintance and relation , and according to the persons of the men ; pretending some such cause and necessitie of their coming , as hee thought would bee most effectuall to move them ; but the true cause which moved him to send for them , was , because hee thought they all stood in need of supply in necessaries . Besides , hee caused one that was with him , whom hee knew to bee very intimate with Master James Lowson , to write to him for the same effect ; and to tell him , that hee longed to see him : and when Master James excused himselfe , alledging that hee behooved to stay at Berwick , because hee expected some things from Scotland , hee would not accept of his excuse , nor of the interpretation thereof , ( that hee meant of Books that were to bee sent to him ) but caused returne him answer , that hee took it ill that hee should think to lack any thing where hee was . Wherefore hee entreated him to make haste to come to him , by doing of which , hee should do him a singular pleasure . Hee dealt even so with others also , and sought pretences to put curtesies upon them . David Ereskin Abbot of Drieburgh , being an exceeding honest , modest , and shamefast man , and who had ever been readier to give , than to take from any , and Angus fearing that hee would not ( out of his bashfulnesse ) take any curtesie directly from him , found out this way to fasten it upon him . Hee pretended that hee had some Tithes of Lands in Tweddale , which belonged to his Abbacie of Drieburgh , for which hee did owe him some arrearage duties and meales , which hee would needes pay him , and under that colour gave him what he listed to take , without acquittance . The Mini●…ers were for a long time wholly maintained by him , and he extended his liberalitie , not onely to supply their necessities , but even to furnish them with what Bookes they desired to buy . And indeed there was no man that wanted in that company , who did not taste of his bountie . At last when all was gone ( for it could not last alwayes ) hee said to one with whom hee was pleased to bee familiar , with a chearfull countenance ; Now it is gone , and fare it well , I never looked that it should have done so much good . Meaning , that being acquired by more rigorous exacting than either hee himselfe could allow of , or the common people took well , by the Earle of Morton in his Regencie ( for this was his treasure , at least that part of it which came to his hands ) hee doubted whether it should have had such a blessing as to have done so much good to so many honest men . Neither was this lavishnesse in him , or superfluous waste so to bestow it , in regard that their English allowance was spare enough , and oftentimes very slowly furnished unto them : So that having occasion to use moneyes , and not knowing from whom to borrow any , hee was forced to employ one of his followers to borrow from Master Archbald Douglas on his owne credit ( for my Lord himselfe would not be beholding to him , nor use him so familiarly ) two hundred pounds Sterling , which hee lent very courteously upon the Gentleman 's owne Bond , knowing well enough that it was for my Lords use . This was repayed to him when their allowance came in . While they remained at New-castle , Master John Colvill was sent to attend at Court about their affaires , partly because of his acquaintance there with Secretary Walsinghame and others ; partly by the advice of the Master of Glames , whose opinion and recommendation the rest did much respect . He fed them with hopes ; and upon occasion of the preparing and rigging forth the Queenes Navie , hee did insinuate by his Letters , as if there had been some intention to have sent it into Scotland for their behoof , which some did beleeve . But they could not perswade the Earle of Angus of it , he esteemed it but a dream , as it was indeed no other . When that hope was vanished , and there was no appearance of any thing to be done of a sudden , one ( whom he was pleased to use familiarly ) seeing no great use of his remaining there , told him , that he had a desire to go to London , being loath to spend that time idlely , that there he might the better advance his private studies and exercises , as in a place more fit for bettering himselfe therein . Hee most willingly and lovingly consented to the motion , not onely to satisfie his desire herein , but having a reserved intention to imploy him in their common businesse , as occasion should serve , or at least in his own particular to his particular friends ; which purpose he concealed then , but shewed it afterward . Hee had almost over di●…iked Master John Colvill , and did many times in private complaine , That hee could not finde that sinceritie in him which hee wished , and which ( he said ) was seldome to bee found in any such as hee was , who had left the Function of the Ministerie , to follow the Court and worldly businesse . And for him in particular , he said , hee was a busie man , thrusting himselfe into all affairs ; and who sought onely his particular ends in doing of publick businesse , without sinceritie or uprightnesse ; which ( sayes hee ) when it is wanting , I know not what goodnesse can bee in him ; and if it bee not to bee found in the world ( as they say it is not ) I know not what can bee in the world but miserie . For mine own part , my heart cannot like of such an one , nor of such dealing . It is true , hee hath traffiqued with the States-men of England , and others think fit to use him , neither will I contest with them about it , but truly I have no delight in such men . But this was after at Norwich . For that time hee said no more , but desired him to write often to him , both concerning businesse as hee could learn , and other things , as hee should also write to him upon occasion . This was performed on both sides , after such a private and secret way , as they agreed upon before their parting . For howsoever there was nothing passed betwixt them , but what might have endured the censure of any man , yet was it not fit that every man ( into whose hands their Letters might have falne ) should know all that was written familiarly betwixt them , though the matter were never so good , sincere , and unblameable ; in regard that many are incapable of things , many not able to discerne or judge of them , many contemners and mockers , many of a different , and some of a contrary minde and judgement . If the●…e Letters were extant , there were nothing more fit to shew the Lineaments of his minde and most inward thoughts , and to represent to the life his true disposition , without all mask of dissimulation ( from which he was ever free ) or shadow of ceremonious reservednesse , which even the best men ( for some one respect or other ) are forced to draw over their inclinations , and wrap up , and obscure their meaning in it at some times , especially in publick . Besides , they would also conduce to cleare some historicall points more fully , which neither can ones memory serve to do , nor can any other ( now alive ) supply so certainly and unsuspectedly . Now wee can but grieve for this losse . To supply which defect ( so farre as they can doe it ) wee will set downe one or two of those that were written to him , which being answers to his ( and containing so much of them , as that the summe and substance of them may bee gathered from thence ) will beare witnesse of his Noble , and Honourable disposition . The first was written in October ( one thousand five hundreth eightie and foure ) the first yeare of his banishment to Newcastle , where hee still remained as then . Please your Lordship , I Received your letter dated in September . Master James hath promised to seeke out those bookes of which your Lordship wrote to him ; and is in good hope to come by some of them , though it bee harder to finde them out then it was not long agoe . Other things I hope your Lordship is advertised of at length , by Master John Colvill . What bookes these were , and what Master James this was is quite forgotten , save that it would seeme to have beene Master James Carmichael , whom hee imployed in things of this kinde for most part . But this being onely for show ( that the paper might not seeme blanke , if it had fallen into such hands as would have opened the letter ) the maine businesse was written in such darke and unperceiveable manner , that none could reade it , but such as were acquainted with the wayes thereof . And thus it was : I have read your Lordships letter , and am very glad that my opinion did so jump with your Lordship concerning that point , whereof you wrote that you have not beene forgetfull , and that you minde to hold your ground as neare as can bee , from which you thinke that other matter to bee so farre different , and so contrary to all reason , that no man ( as you beleeve ) will propound it to you directly . That which made mee feare that it would bee propounded ( besides the speeches sounding that way ) was the end of your Lordships letter ( written before ) wherein you make mention , that some thought it necessary for your cause , that yee should enter with them into some strait , and indissolvable bond . This I tooke to bee a mean to trie your Lordships minde : First , in that generall , that afterward they might come to the particular , which would bee , that the best way to make it strait and indissolvable ; were to have it of your Lordships hand-writing . For as concerning the lawfulnes thereof , it did seem to some unlawfull ( as I wrote to your Lordship at greater length ) and I had heard also generally that there was some scruple made by your Lordship to enter into bond with them . And because ( if I be well remembred ) before your comming from Scotland , you were resolved to receive them into the societie of that common action , and to compose any particular of your owne which you had against them ; I did the rather thinke that some new occasion had occurred , which had made you nice and difficult to it now . And if I have failed in my conjecture of the cause , it is no wonder that ( not having knowledge of the particular circumstances whereof you now write ) I lighted upon that which seemed to me would breed greatest difficultie in this . If it be not so , I am contented to be deceived , & could wish that every mans minde that shall have hand in that action , were as upright as your Lordships , then we might hope that it would prosper so much the better . However , I cannot omit to put your Lordship in minde of this generall caveat , to take heed , and have a care , that whatever bond be made , it may bee perspicuous , cleare , plaine , and as particular as may bee : for the more particular it be , it is the better for your Lordship , who meaneth uprightly , and for all others that have the same meaning , and who doe desire that their upright dealing may be evident unto all men . It will also ( being such ) bee lesse obnoxious and subject to the calumnies and sinister interpretation of the adversary and enemies , who may seeke to traduce your Lordship , and make you odious thereby . It will likewise bee freest , and not lyable to the sinister glosse , and wrong interpretations of those , who shall bee bound by it , if they should ( perhaps ) hereafter seeke any evasion or subterfuge to frustrate it , and make it void through the generality or ambiguitie thereof . And by the contrary , where a bond is couched in obscure , generall , and doubtfull words , it is both more easie for them , who list to deale after that sort , to elude it by some wrested construction ; as also for such as would calumniate your Lordships intention , to finde greater colour to doe it . Concerning which purpose , I remember a distinction which the Earle of Gowry made , upon occasion of the bond which your Lordship remembers was presented to him to have signed it : It is ( said hee ) very good , and well penned , but it is too prolixe to be a Bond , and too short to bee a Proclamation , or Declaration : for a Bond ( said hee ) ought to bee short , and generall ; but a Proclamation or Declaration , would contain the particulars . I was then , and still am of a contrary minde : for I thinke a Bond should bee cleare , and speciall , and contain the causes of their binding ; and that a Manifesto or Declaration should bee conformable to it , and the very same in substance and effect , having the selfesame reasons and narration ; onely it ought to bee amplified with admonitions and exhortations , which are not proper nor per●…ent for a Bond. And I beleeve no man can shew mee what inconvenience can follow upon the prolixitie of a Bond , unlesse it bee the greater pains of the Writer ; which is recompensed with this great advantage , that being drawne up at large , it needeth no other Expositour , or Pleader for it , b●… doth expound and justifie it selfe . And your Lordship knoweth what great necessitie and neede there is of this circumspection in this case , that the very band it selfe be an exposition and justification of it selfe , into whose hands soever it shall happen to come . For its owne interpretation of it selfe cannot be rejected , when no other will be admitted to expound it . For this purpose let them that please reade and consider the Memorials of France , of the Low-Countreyes , and of Germany in the beginning of their Reformation : they shall see that the tenour of all these bands , containes ample declarations of the causes wherefore , and the reasons moving them to joyne themselves together in that kinde of association , as also for what end they did it , so that no Declaration can bee more large . But I did declare my opinion to your Lordship in the like matter long agoe ; and I doubt not , but , if it shall please your Lordship to weigh and consider it , you shall easily finde how necessary it is ( for many respects ) that into whatsoever band you enter , it be cleare and particular . Whereas it pleases your Lordship to write , that if you can finde a fit occasion ( whereof you also have some hope ) you will cause employ me here , and withall you adde ( That none should refuse to further the businesse all they can ) I am not so ignorant , or forgetfull of my duty , as either directly or indirectly to refuse that service , or any other your Lordship shall be pleased to command mee . But I see there are divers others who seeme to be so diligent , that my paines will not be very needfull , as I doubt not but your Lordship knowes sufficiently . When it pleases them at any time , in halfe words , and darke speeches ( like parables ) obscurely to signifie ought to me of the State of businesse , they appeare and seeme to mee so deepe and profound mysteries , as I can no wayes understand or know what to make of them . Wherefore I am very well contented that I am free of them , and to be a beholder of all , leaving the managing thereof to those who know these obscure grounds better , and like better of them , then ( it may bee ) I should doe , in regard of their deepnesse . I had rather employ my time upon other thoughts farre more pleasing to mee ( where dutie rightly considered calls mee not from them ) then businesse of that nature . They are not desirous of any companion or copartner in their travels , nor am I desirous to encroach upon their labours , or the labours of any man , or to bereave him of the fruit of his paines and industry , by intruding my selfe thereupon , and to bee a sharer with him in the good successe of his endeavours , if they shall happen to bee successefull . And as little am I willing ( if there be no appearance of the prospering of it ) to take the worke out of their hands , which is ( perhaps ) marred already ; or to enter in at the broad side , upon grounds already laid by them with this State , wherewith I have not beene ( as yet ) so throughly acquainted as were needfull for one to prosecute their worke dexterously , and to purpose . However , I doe not speake this to prejudge your Lordship , or that I meane to shunne any burden you shall bee pleased to lay upon mee , and I am able to undergoe ( whatever it be ) but onely to tell my minde freely , that I had rather ( if it were in my choice ) your Lordship would employ me in any particular of your owne , which might give me occasion to visit master Secretary ( for your Lordship knows how ill I can trouble any man without an errand ) and if upon that occasion he should happen to speake of the publicke businesse , I should manage the opportunity the best I could . However , my dutifull service ever remembred to your Lordship in what I can , in this mind and disposition ( which your Lordship knows ) and leaving you and all to be rightly managed by that God , who certainly can , and assuredly will manage all things rightly , in whom I rejoyce alwayes to see your Lordship so depend , I rest in him , &c. The other Letter ( the onely extant of many ) was written long after from London also , but to Norwich , whither he was then come from Newcastle . It is dated the 20. of March following , in the yeare 1584. Please your Lordship , SInce the writing or my other , the Earle of Lancaster hath beene ( most part ) from Court at his owne house . On Saturday hee returned , and I attended all that day , and the next day ( till 12. of the clocke ) but in vaine . At last , when he came to Westminster , I got speech of him with great difficulty in the Councell chamber , by the meanes of one master Baptist ( one of his chiefe Gentlemen ) who professeth to love your Lordship entirely . I delivered your Lordships Letter to him , and declared the credit : it was courteously received , with many loving words concerning your Lordship : That in that , and all other things , he would doe for your Lordship what lay in his power : that his affection to your Lordship was no whit changed , but remained the same that it was of old , and that it should appeare he was no lesse carefull of you then he had beene before . I went after that to Sir P●…ilip Sidney , who so soone as he saw me , ( of his owne accord , before I spake to him ) told me , That he had not beene unmindfull of your Lordships businesse ; that he had spoken of it to Leicester , and the Secretarie , and that he would not forget it , but doe in it all that could be done . I wrote to your Lordship before , what cold hopes I had to speed herein , and the cause thereof . Now I am put in better hope by divers : That your Lordship shall be licensed to come up , and that the Ambassadour will insist against you , concerning which matter I shall shew your Lordship farther ( God willing ) at meeting . He is gone this day to Court upon occasion of Letters which hee received on Saturday at night : what they beare I have not yet learned . Onely I heare no word of any alteration or stirring in Scotland , as it was reported , save that in the generall there is an universall feare and envie at Court amongst themselves , and in the Countrey every where , of every man against his neighbour . However it bee , if I bee not mistaken , this motion ( of your Lordships comming up hither ) is occasioned by these last Letters : and ●…et it is said even by some of their favourers , that they thinke verily that your Lordship hath great wrong done unto you : which speeches argue but small hope to prove , yea , or to colour their pretended accusations , and that they diffide and distrust , that they shall be able to doe it . And most men thinke , that if there bee nothing wrung out of John Hume , by some one means or other ( as there is no cause to doubt of the Gentlemans honesty and constancy ) they will have no subterfuge for their false allegations , which must needs tend to your Lordships good and honour , clearing your innocency , and confuting the calumnies of your enemies . I received a letter , by Master James Melvine , and Master Walter Balcanquel , ( who arrived here on friday last ) declaring the couragious and constant death of Maines , who gave testimony of your Lordships innocency and loyall affection to his Majestie , by his last words . There was no other new matter of importance in it , being dated the 18. of February , not long after your Lordships coming from Newcastle . But I shall have no more intelligence that way ; for the Authour is forced to flee hither , having been searched for , and escaped narrowly . Hee was delated by the confession of William ●…ray ( my brother Wedderburnes servant ) who being booted , confessed he had delivered him a letter from me . It is done by Manderston , to make it reflect upon my brother ; and he ( to recriminate ) hath accused his son George ; and it is thought he will be able to prove it by George Hume of Cramnicrook : John Johnston is also fled , and great summes of money offered for him : this other letter will shew what comfort I may expect from Scotland ; or he , who is now in the same case . There is sure word from France , that the Duke of Guise is in the fields with an Army of 30000. or 40000. men : some say against the King ; maniest , against Navarre , or Geneva . So ceasing to trouble your Lordship , I rest , &c. Out of these may be seen the honest and honourable dealing , together with the right and loyall disposition of the Earle of Angus , whatever hath been set abroche or intended by any other : as it is clear there have been some other motions made to him , which his heart could not incline to , nor his minde dispense with . For certainly , this feare could not arise without some great occasion ; and what it hath been , or whether it did tend , as also who are likeliest to have been Authours of it , though it may be conjectured in some sort probably , yet I will leave it to every mans consideration of the circumstances and persons who were upon this course of joyning together . For my taske being at this time to draw , ( though with a rude hand ) as I can , the true draughts of this Noblemans minde , whom I have now in hand . I could not omit this piece , whereby ( though there were no more to bee found of him ) this generall may appeare , that duetie , justice , and vertue , were the men of his counsell , and the square by which hee ruled all his actions , from which , no extremity or hard estate , could ever divert him or drive him away ; but to touch upon any other man , or glance at any thing which might rubbe a blot upon any , is besides my purpose , and no wayes incumbent to mee . But to returne , it fell out with them according to this last letter : for as they were removed from Berwick to Newcastle , to secure the Scottish Court ; so Newcastle being not so farre from Edinburgh , but that within twentie foure houres ( or little more ) they could have been there upon a necessary occasion , the Courtiers were put in feare by others , or faigned and imagined feares to themselves , for taking away of this ( suggested , or apprehended ) feare , as they had been removed from Newcastle to Norwich ; so now they are brought from thence to London , as was pretended , to answer to the Embassadours accusation , but indeed , to advise with him of the way , how they might be restored to their Countrey , and the Countrey rid of Arran , who was now become odious both to Court and Countrey . It is a true saying , That there is no society amongst Pirats without Justice : for if the Arch-Pirate take all to himselfe , or if hee divide not the prey equally , the rest will kill or forsake him . The Earle of Arran knew not this rule , or regarded it not : for in parting of the spoile of these Noblemen , their lands , their goods , honours , government , and places of Command , hee dealt them unequally ; drawing most to himselfe , and in Councell and guiding of the State , he was the onely figure ( or number ) and the rest were but ciphers and instruments to execute his decrees . There were then at Court ( of greatest note ) the Master of Gray , a near Kinsman to the late Earle of Gowry , and of the ancient Nobilitie , who did hate and disdain Arran , for that he had beene Authour of the death of his deare friend , seized on his lands , and did presumptuously take upon him to govern the whole Countrey alone , being but newly raised to bee noble . There was also Sir Lewis Ballandine ( of kinne likewise to Gowry ) an ancient depender on the house of Angus : and Master John Metallane ( Secretary ) who had beene indeed an enemy to the Earle of Morton , and was well contented that Arran should be imployed to work his ruine ; but he could not away with his peremptory , and absolute domineiring . These were the actours and great instruments of his fall : Gray , directly , and of purpose , the other two by conniving and being conscious to the plot , yet so as they would have seemed not to know of it , and they did rather give way to it , then worke it . They all thought it reason , that they should ( at least ) have their share of the spoil in a fit proportion ; but they could not have it any wayes proportionable to their esteem of themselves . There was besides these , Francis Earle Bothwell , who ( amongst other causes of discontentment ) was grieved at the banishment of the Earle of Angus , his Ladies brother . Alexander Lord Hume had been discarded for being thought to be his friend : Sir George Hume of Wedderburn , and Sir James of Coldenknowes were knowne and professed friends to the Earle of Angus : and Wedderburnc was of kinne to the Master of Glames , and allied to the house of Marre . Robert Carre of Cesford was also of the party , what out of love to Angus , what for emulation with the house of Farnhaste , who were on the other faction . His Uncle the Provest of Linclowdan ( Douglas to his name ) was a speciall stickler in the businesse : hee was very familiar and intimate with the Secretary ( Metellane ) who without his advice did almost nothing . But above all , the Lord Maxwell ( made Earle of Morton ) entred into open hostilitie : for being charged to compeare , he disobeyed and refused ; and by intelligence with the banished Lords hee levied souldiers , slew one Captain Lammie , that was sent against him , with his companies , whom Johnston did assist . Hereupon a Proclamation was set forth in the Kings name , that all that were able to beare armes , should come and follow the King , who was to pursue him in person the 24. of October . These and many others ( and indeed the whole Countrey ) agreeing in this conclusion , that Arran was to bee removed from the helme of governement , which hee steerd so ill : the Master of Gray was sent Ambassadour into England , and had broken the businesse with the Lords concerning their returne , and his removeall . Now Sir Lewis Ballandine is sent up Ambassador with Commission to accuse them of a conspiracy , detected by Duntrethes deposition : Hereupon they are sent for from Norwich , to make answer to it . The Master of Glames being of greatest age and learning , they made choice of him to plead their cause before a certain number of the Councellours of England , deputed by the Queene to heare and judge of it . Their owne innocencie , the abilitie of the pleader , and the favour of the Judges meeting together , made them to be easily absolved , notwithstanding , that the Ambassadour did his best in framing , and pressing his accusation to the full , to discharge his Commission every way . It is a pretty sport to consider the proceedings of the world , and what masques and vizards men doe put on sometimes to cloake their designes . With what respect and reverence did they carry themselves towards my Lord Ambassadour ? and with what strangenesse and aversation did he looke upon them ? One day as the Earle of Angus was walking into the fields for his recreation , he encountered the Ambassadour coming from Tuttle-fields in a narrow lane , ere he came near , he espied him , and knowing it was he , hee called to his servants to give way to my Lord Ambassadour , and he himselfe standing aloofe with cap in hand , made a low reverence to his Lordship as he passed by . The Ambassadour again acted his part finely , remembring his place , the person hee represented , and the errand for which he was sent ( to be his accuser ) with a countenance which did beare anger and grief in it to see the Kings rebells , hee turned away his face , and would not so much as looke on that side of the street , notwithstanding that hee both loved and honoured him in his heart , and was even then laying the ground-work of his restitution . Hee being gone home , the plot went forward in Scotland . England was no better affected toward Arran , then his owne Countrey was : they did altogether dislike of him , and suspected his wayes , they conceived that he did prosecute the Guisian plots begunne by Obignie , and which had beene interrupted by his disgrace , and discourting . And yet they acted their part also , bore faire countenance and correspondence with him , and he with them , but all was but dissimulation , and like a stage play . The Lord Hunsdon Governour of Berwick , and Warden of the Marches on that hand , paid him home in his owne coine , and entertained a shew of friendship with him , but no more . Divers meetings they had upon the borders , and many fair promises were made by Arran , to keep back England from favouring or aiding the Lords : That the King should bee at the Queens devotion , that he should follow her advice in all things , that hee should not marry without her consent , and that hee should make a league with her , offensive , and defensive . The Master of Gray , Ambassadour , had promised so much , but when the English urged the performance of it , it was a jeast to see their fine shifting . The Master of Gray put it upon Arran , Arran upon the Master of Gray , and the King professed that neither of them had warrant or direction from him to say any such thing , and therefore he was not tied to make it good : they were too sharp and quick sighted not to see through greater clouds . In the mean time it fell out at a meeting of the Wardens ofthe of the middle-marches , that Sir Francis Russell ( sonne to the Earle of Bedford ) was killed , whether by chance or of set purpose , is uncertain . This did alienate them from the Courtiers , and joyned them to the Lords , whom they knew to be honest , true , and trusty , and therefore they wished well to them , and helped forward their interprise endirectly all they could . While matters were thus in working , the Lords remained still at London , and were lodged at a place appointed to them ( called long-ditch , near Saint James Parke , whither the banished Ministers resorted , and kept continuall exercise of preaching , praying and fasting ( on occasion ) in a private manner , without ostentation or notice thereof in publicke , being done within their lodging onely . There was a motion made to the Counsell of England , that there might be a particular Church allowed , and allotted unto the Scots , as the French , Italians , and Dutch , have their Churches apart : but it was not granted , they being unwilling ( apparantly ) that being of one language , our discomformitie with their ceremonies should appeare to the common people . This grieved us greatly , and especially Master James Lowson , who partly for that , partly because of a letter written to him from the towne of Edinburgh , ( in which they did unkindly reproach his flying into England as a de●…ertion , and did renounce him for their Pastour , calling him a Wolfe , who had fled without just cause , and had joyned himselfe with rebells , and such other calumnies , as Bishop Adamson had endited , and caused the Provest and towne Counsell signe ) he sickned and died , being much lamented , both of English , Scots , and all that knew and were acquainted with him . Notwithstanding that they could not obtain a peculiar Church , yet the Lievetenant of the Tower , being acquainted with some of our Ministers , he desired them to preach in his Church within the Tower ( which is a priviledged place , and without the jurisdiction of the Bishops ) and many of the people came thither to hearethem . Amongst other exercises , Master Andrew Melvine read Lectures in Latine upon the old Testament , beginning at Genesis , which were much frequented ; and the Earle of Angus was a diligent Auditour , and a painfull repeater of them for his owne use and contentment . But now the negotiation of their returne being farre advanced , and come even to the maturitie and full ripenesse , Angus , Marre , the Master of Gl●…mes ( with a few onwaiters ) take post from London , and came with all expedition to the Borders . They had composed their differences with the Lord Maxwell , and the Lord Hamilton , and so all were to joyne in the common businesse , with one heart and hand , as one man. Before Angus came from London , he wrote to his friends in Scotland after this sort : You have now knowne by M. John ( Colvill as I think ) that wee stay here only till wee receive new advertisement from the Provest of Lincluden , in name of the rest of our friends that should joyne with us in that Countrey ; after the receit whereof we mean not to stay , but immediatly to come down ; wherefore be ye not unready , seeing others will be forward enough , as we beleeve . At our first coming we mean to be quiet two or three dayes , in which space I mean to speak with some principals , and by their advice to go more plainly to our purpose . This State will not seeme openly to know our designes ; but wee are to receive some help of Moneyes , for so it is promised . Sir William Russell shall also joyne with us as a male-content , having been of late ill used by that State ( in killing Sir Francis ) but not as having any command so to do . If matters go on , we minde to enter on both hands . Hamilton and Maxwell shall enter on the West-borders , Angus and Marre at the East , with such as will joyne with them there . Thus did it please him to speak of himself in the third person , howbeit it was written all with his own hand . But Sir William Russell did not joyn with them . Angus , Marre , and the Master of Glames came to Calsoe , and remained there with the Earle Bothwel two or three nights . Thither came the Lord Hume , Sir George Hume of Wedderburne , and others of their friends ; and with common consent from thence they went to Jedbrugh , where they made their coming known , and professed their intentions . Upon the report hereof , Colonell Stuart was sent against them with such forces as he could get , and came to Peebles ; but he found that he had not to doe with irresolute and lingering folks , as the Earle of Gowrie , nor with such deserted and abandoned men as had fled from Stirlin , and therefore he retired in due time , to tell tidings of the certainty of their coming . They took their journey toward Hamilton , and there joyned the Lord Hamilton and the Lord Maxwell ; and so altogether marched to Fawkirk . They caused publish Declarations every where , containing their intentions , and justifying their proceedings , which are set down word by word in the History of Scotland , written by Holinshed an English-man ; who pleaseth , may read it there . The summe is not unlike to that which was made before at Stirlin ( when they fled to England ) onely such things were added thereto , as had fallen out since then , in the time of their abode there . As namely ; First , The proceeding by cruelty under the shadow of the Kings name , whose Predecessours did commonly labour to winne the hearts of his Subjects by clemencie : Secondly , The executing , imprisoning , banishing ( by wrested Lawes ) the worthiest , most ancient , and the most faithfull ( to G O D and the King ) both Noblemen and Barons : Thirdly , Acts and Proclamations published , inhibiting Presbyteries & other exercises , priviledges and immunities allowed by Parliament , or practised and permitted by laudable custome of the Church , without which , purity of Doctrine , & the right form of Ecclesiastical discipline cannot continue : Fourthly , compelling & forcing the most learned and most religious men , and such as were of most entire life & conversation , & of most sincere conscience , to forsake their Countrey ; or inhibiting them to preach , and defrauding them of their Stipend , by violence : Fifthly , the entertaining of Jesuites , and executers of the Decrees of the cruell Councell of Trent : Sixthly , obdurate Papists having place in Session , and honest men removed , an evident proof and presage of intention to root out the true Religion : Seventhly , the thrusting of Magistrates upon Burrows ( contrary to their priviledges ) which were neither free of the Townes , nor fit to discharge the place in their persons : Eighthly , the secret practices of James Stuart , and the Colonell , to turne the love and amitie which hath been now of a long time entertained with England ( very happily ) into open hostility , having had intelligence with such persons as sought the Queen of Englands destruction : a point confessed by divers her Rebels , executed in England , and which appeared by the slaughtering of the Lord Russell , a man noble in birth , honourable by vertue , zealous in Religion , of great expectation , and a speciall friend and lover of Scottish men , notwithstanding that they had made shew of the contrary for certaine moneths , and had pretended to enter into an offensive and defensive League with her . The conclusion was , Wee command and charge in our Soveraign●… Lords name ( as his born Counsellours , who are bound in dutie to be carefull of his welfare , honour and reputation , for which we have our Lands and Inheritances ) all and sundry his subjects , to further and assist this our godly enterprise , to concurre with us , and so to give testimony of their affection to the true Religion , his Majesties welfare , and publick peace and quietnesse of this Realme . It contained also certification , That such as should attempt any thing to their contrary , yea , that did not take plaine and open part with them , should bee reputed as partakers of all vice and iniquitie , as assisters of the said treasonable Conspiratours , ( James and William Stuarts ) and enemies to Religion , to his Majestie , and Authoritie , and to the publicke quietnesse of the two Realmes , and should bee used as such , in body and goods . Commanding all Justices and Magistrates , as well the Lords of the Session as others , Sheriffes , and whatsoever inferiour Judges , to administer justice , for the furtherance hereof , as they would answer upon their allegeance and highest perils : with the like certification to them also , if they failed herein . They staid at Fawlkirke that night , being the second day of November , and kept strong watch , being within five miles of the enemy . It was observed with great disdain , that the Lord Maxwel , who had the charge of the hired souldiers that were put on the watch , and so the choyce of the watch-word , gave it , Saint Andrew ; as smelling of his superstitious disposition , and which was a blemish , and contradiction ( in a manner ) to their declaration , wherein they professed to stand for the true Religion . But it was rather privately grudged at , than publickly reproved . On the morrow there came a message from the Castle of Stirlin , as from the King to the Earle Bothwell , whereby he was desired to forsake that Company , and either come to the King , or returne to his own house , which he pleased . This was a trick to divide them , and which did so work upon him , that if the Earle of Angus had not partly by reason perswaded him , and partly by his authoritie ( being a man greatly respected ) detained him , and fixed his wavering minde , he had forsaken them altogether , not without great danger to have weakned the hands and hearts of the rest , by such an untimely example . On such moments ( many times ) do even the greatest businesse depend . But God had determined to blesse that Work at that time in their hands . That rub being removed , they march forward , and about the going down of the Sunne , they shewed themselves at S. Ninians Kirk , which is scarce a full mile from Stirlin , and were seen from the Castle wall , of friends and foes . They lodged there-about as they could , till near the dawning of the day ; and then upon a secret signe given to the Companies that had dispersed themselves into the neighbour Villages for better lodging and victuall , without sound of Drumme or Trumpet , they came to their Camp and Colours . The way of assaulting the Town was laid down thus : First , one of the Commanders , with a few Companies , was directed to go and make shew , as if hee meant to enter the Town through some Orchards that lay on the West side thereof ; and at the same instant another ( with some other few Companies ) was sent to go through the Park as if they had intended to assault it on that hand , near to the Castle hill ; while in the mean time the Noblemen themselves , with the grosse and body of the Army , marched on the South side , and passing the ditch a little above the Mill , going through some Gardens , entered at a certain narrow Lane , not ●…arre from the West gate , where the way was so strait , that single men with weapons could hardly passe it . The hired souldiers which carried shot were set formost , to remove any that should offer to make head against them . They that were within the Town were equall in number to those that were to assault it without ; Noblemen , ( the Earle Marshall , and the Lord Seton ) and Barons , who were come , out of obedience to the Kings Proclamation : These had the keeping of the West gate . But the onely enemies were James , and the Colonell ( Stuarts ) together with Montrose and Crawford , in respect of some particular quarrels . For Montrose had been Chancellour of the Assise , by which the Earle of Morton was condemned , and was esteemed to have been a bad instrument therein : And Crawford had killed the Lord Glames , the Masters brother , whereupon deadly feude , and divers murders had ensued on both sides . The rest , though they did not openly assist the invaders , yet did they wish them no hurt , nor make any resistance against them . There were in the Castle , the Master of Gray , and Sir Lewis Ballandine , who were suspected by James Stuart , and not without cause . He knew also that Master John Metellane bare him no great good will. These hee intended to have rid himself of , and to have slaughtered , but they were too strong to do it without great hazard ; and besides , it had been but little wisedome to have gone about that , wherein if hee had failed , it would have been his overthrow , and though hee had prevailed , it would not have freed him from his enemies without . All he did was , that the Colonell with some shot , was set in the Street near the West-Gate of the town , which was the place likeliest to be assaulted , James Stuart himself stayed about the Bridge , having the Keyes of that Gate in his pocket , making that back-doore sure for his last refuge to escape by it . The Earle of Montrose was placed at the foot of the Castle hill , to make good the entrie through the Park . The event was , that having entred the Town through a narrow Lane , they were welcomed and entertained by the Colonell with some shot in the street , but seeing that they were resolute , and more in number than he was able to deal with , he retired to the Castle . In this entrie there was but one onely ( of the Lords side ) killed , and it is uncertaine whether it were done by the Enemie , or by one of his fellowes , who were so unskilfull in handling their Muskets , that their Captain said , That who had known them as well as hee did , would not willingly have marched before them . The Earle Marshall and the Lord Seton , seeing the Colonell so quickly quit the Field , stood still at the Gate , invading no man , and no man invading them . The Earles of Montrose and Crawford , hearing the tumult of the Towne taken , on the other hand , forsook their station , and were received into the Castle . James Stuart fled by the posterne on the Bridge , and having locked the Gate behinde him , he threw the Keyes into the River . The Colonell in his retreat was followed so near by Master James Halden ( brother Germane to John Halden of Gleneagles ) that he overtook him , and was laying hand on him , but in the mean time was shot by Josua Henderson ( a servant of the Colonels ) and so died presently . He was a young Gentleman , much lamented of all that knew him , being lately come out of France , where ( as also in Italy ) he had lived divers years , with great approbation of all his Countrey-men , being greatly beloved for his sweet courteous disposition . If it were lawfull here to bewaile a particular losse , I have just cause to loose the reins of my private affection , and pay that tribute of sorrow and teares which I owe to the memorie of so faithfull , upright , and trusty a friend . For the present it shall suffise to say thus much ( and let it remaine as a poore witnesse of some small gratefull remembrance , as long as this piece can remaine ) that before him I found not any , and since have known but very few so hearty and sincere friends , as he was to me from our childe-hood for many yeares . Having thus without any further losse or hurt made themselves Masters of the Town , all rejoyced at their successe , and with chearfull minds and countenances welcomed them , and congratulated their returne . One thing was like to have bred some stirre and tumult , but that the parties interressed knowing the Lords own noble disposition , and how these things could not be helped , bore patiently the losse they received , for the joy they had of the publick good . This it was ; when the Nobles and Gentlemen alighted to enter the Town on foot , they gave their horses to their footmen to be held without till they had made all cleare within . While they were busied in assaulting and rambarring , Colonell Stuart ; the Annandale men ( and others also by their example ▪ ) who came with the Lord Maxwell , seized on their horses , and went cleare away with them , having spared no man friend or foe , of their own , or the adverse partie . It was no time to follow them , and though it had , yet could they not doe it , their horses being gone . That day they lodged in the Towne , and kept watch and ward about the Castle , that none might go forth , or come in without their knowledge . Robert Hamilton of Inchmachan , who had falsly accused Master Douglas of Maines , and Master Cunninghame of Drummiewhasle caused himself to be let downe over the Castle wall ( at the back-side thereof ) in a basket , thinking so to escape ; but he was perceived , followed , and slaine ( in the Park ) by Johnston of Westerhall , receiving that just reward of his betraying innocent bloud . The Lord Hamilton himself when he heard of it , said he had gotten but what hee had deserved . The Castle not being provided of Victuals , and no man ( almost ) caring to defend it , it could not hold out : wherefore messengers being sent to and fro betwixt the King and them , all things were agreed on ; and so the fourth of November the Gates were set open , and the Companies entering , the Noblemen presented themselves before the King in all humble and submisse manner , and did by their carriage and behaviour really confute the calumnies of their enemies , who had accused them of traiterous intentions and practices . When they came , they used not many words ; onely , They were his true and loyall Subjects , ready to serve him with their bloud ; and that they were come to declare themselves , and to cleare them from those calumnies which wicked and seditious men that sought their own particulars , had filled his Majesties eares and minde with , and so made him to be suspicious of them without cause . The King answered lovingly ; That it was true , and that he now saw that hee had been too long abused . That it was certainly the mighty hand of GOD working with their good affection that had brought them so through without shedding of bloud . And so embracing them heartily , he welcomed them with a chearfull countenance ; desiring that they would forgive and spare the Earles of Montrose and Crawford , who were afraid to lose their lives and estates , being conscious of their own deservings . This request divers of the Earle of Angus his friends would have had him to have denied ; but he , by a rare moderation , and to shew how far he regarded the desires of his Prince , being willing also that the whole work should be free , not onely of innocent blood , but even from particular ( though just ) revenge , neither could nor would refuse it . This was the Catastrophe of this Tragick-comedie , acceptable and joyfull to all ( except these few particular men ) and harmefull to none , which did justifie their ( unjustly condemned ) former meeting at the same Towne of Stirlin , which if it had had the same successe , had produced the same effect , as it had the same aime and end . It justified also those of the Ministery who had fled to England , and those at home who approved and favoured them , that in so doing , they did not favour Traitors , or traiterous enterprises . This the Earle of Angus ( above all ) did observe , and did often remember this consequent of the successe , with no lesse contentment than the successe it self , esteeming it a greater mercie and favour from GOD to have thus cleared their innocencie and loyaltie , than that he was restored to his own home and inheritance . And therefore he did often call to minde , and mention that speech of the Kings , That it was the very hand of GOD which had prospered their enterprise , and given them that successe without bloud . For though it may seem no hard matter , in respect of the generall favour of the Countrey , yet if we consider what a desperate enemie , loath to quit such places as they have enjoyed , is wont to doe , it will seem strange that they should without once striking a stroke thus be gone without more ado . But as it hath been found in broyles ( and I have particularly observed ) that GOD hath preserved their hands from bloud , whose hearts did abhorre from the shedding of it , even upon such occasions as men thought they could hardly avoid , either to be frustrate of their intentions , or to obtain them with much bloud ; where by the contrary , many whose feet have been swifter , & their hearts lesse carefull of it , have on very small occasions fallen into it . So in this publick businesse , it pleased GOD to look on the hearts of the actours , and according to the innocencie thereof , to dispose of the means of their restoring , that their hands were kept pure from the bloud of any . He observed also of the Town of Edinburgh , how it had pleased GOD to cut short their aid and assistance , which they might have given the enemy by laying of it waste and desolate through the death of 20000. persons of the plague ( which had raged there ) whereby the rest were so terrified , that they were glad to forsake the City . For the Courtiers did most repose and rely upon them , who were readiest upon the sudden , and who ( upon the least advertisement ) were wont to come at their beck , without any disputing , or questioning the lawfulnesse of the quarrell or justice of the cause , but took every thing as from the King , whatsoever was commanded in his name , as they had given proof before , when they conveened at Stirlin ; having been the first that were sent against them , when they were forced to flee into England . This plague began immediatly after their flight , and the departure of their Ministers , and increased daily with such terrour and fearfulnesse in the hearts of men , that every man did interpret it to be the immediate hand of GOD , striking them for their obsequiousenesse to the Court , and contempt of their Ministers ; and now they being returned it diminished daily , so evidently , that after their entry into Stirlin , it ceased , not by degrees or piece-meale , but in an instant ( as it were ) so that never any after that hour was known to have been infected , nor any of such as were infected before , to have died . The Lane also , in Stirlin , by which they entred , was wholly infected , yet no man was known to have been tainted with it , or to have received any hurt . Nay , the men of Annandale did rob and ransack the pest-lodges which were in the field about Stirlin , and carried away the clothes of the infected , but were never known to have been touched therewith themselves , or any others that got , or wore the clothes . They also that were in the Lodges , returned to their houses , and conversed with their Neighbours in the Town , who received them without fear , suspicion , or reproof , and no harm did ensue upon it . As for Edinburgh , before the first of February ( within three moneths ) it was so well peopled and filled again with inhabitants , as none could perceive by the number that any had died out of it . As if GOD from Heaven should have said , Lo , the cause of my wrath , lo , the cause of my mèrcie , with the going and coming of his servants : a rare and remarkable work never to be forgotten , as he did never forget it . And for my part , I think it merits to bee recorded here , and that it is worthy that the remembrance thereof should remain to all posterity , so far as my weaknesse can preserve it , that men may see and learn to fear and seek that GOD who worketh so great things , and none can hinder him . A notable wonder , and next unto that overthrow of the Spanish Armado in 88. both in my time , both immediatly by the hand of GOD : But this , so much the more evidently , as that there , some ordinary industrie and help of man did intervene ; here , nothing can be alledged to have brought it to passe , but the very singer of GOD. Let mankinde advert and admire it . And whosoever shall go about to bereave GOD of his glory by laying it over upon chance or fortune , may his chance be such as his blindnesse or perversenesse deserveth . Things being brought thus about , who would have been so modest , as not to have been so farre ambitious , as in distributing the offices of the Kingdome , to have taken to himself , or bestowed on his friends some place of honour or profit ? But Angus did neither take to himself , nor procure any for his particular friends & followers . Let ambition be silent , and let her plumes fall , when she seeth her self truly contemned by him . He contented himself with that onely which was his own ; yea , he even dispensed and forbore that which was his own ; modestly tolerating , that the Lands , House and Lordship of Dalkeeth , should still be retained by the young Duke of Lennox , upon the Kings promise to be restored thereto , so soon as any occasion should fall out of providing some other Lands to the Duke ; which was not done , till the Lord Methven dying without heires male , the Lands falling to the King , he gave them to Lennox , and restored Dalkeeth to Angus . Out of the like modesty & will , to gratifie his Prince in whatsoever he could to the very uttermost of his power , at the Parliament ( held in Edinburgh 1587. ) about two years after , he dispensed with his priviledge of bearing the Crown at the Kings request , and suffered the Duke to carry it , with protestation ( and promise ) that it should not be prejudiciall to him nor his house in time coming , and so ( with all meeknesse ) submitted himself to take the second place , and carry the Scepter . In this last point , it was thought wisedome to yeeld , so to disappoint those , who were thought to have put the King upon it , of purpose to have made a breach betwixt the King and him by his refusall . The former was not effected without the bribing of those Courtiers who did then possesse the Kings eare . Secretary Metellane got his Lands of Die-Water to work it ; which when he would have holden of the King by renunciation , Angus refused to renounce , and would onely give them , holding of himself , not without some indignation on both sides . It was hardlier constructed , that he suffered a decreet given in favours of Farnihaste to his prejudice , to be reserved , and stand good in his restitution . And thus did he behave himself in his private affairs . As for the publick affairs of the Kingdom , hee suffered them to bee managed by the Master of Glames , to whom the rest of their society were most inclined , for the opinion they had of his wisedome , greater experience and age ; as also for that now he was a prime officer of State ( Treasurer ) and allied with the Lord Hamilton ; rather than hee would enter into any contest , which might breed any division amongst themselves , being set altogether on peace and calmnesse , howbeit he did not approve of all their proceedings , and differed much in judgement from them , concerning the administration and handling of matters . So in the policie of the Church , though out of a sincere minde and true zeal , hee favoured and affected the right form as much as any , and was much grieved , that such order was not taken in it , as should have been , & was expected ; yet he did tolerate that course which the rest thought good to suffer to go on . For this they gave out , That the King inclined to the government of Bishops , and therefore it was not convenient to crosse his inclination abruptly and directly , left he should seem to be constrained or thralled in his actions ( a point which they avoided carefully ) and not used with that respect and liberty , which is due to a Prince : yet they said they should labour to work him to it with time , taking their opportunity as it should be offered unto them . And so indeed it was brought to passe ; for Bishops were first restrained of their using their pretended jurisdiction , and by fact ( de facto ) even then brought under obedience to Synodes and Presbyteries , and in the year 1592. the former discip̄line was re-established by Act of Parliament , and all authority directly taken from Bishops . But neither in the former Parliament ( holden at Linlithgow in December 1585. ) neither in the next ( holden at Edinburgh the 29. of July 1587. ) was there any mention made thereof . This gave occasion of much discontentment to the best affected , and bitter contention betwixt the Court and the Ministery ; they reprooving this toleration of that unlawfull office , and the King committing them for their freedome of reproof . So no man of any judgement and good disposition was satisfied with their proceedings . Notwithstanding , there was none of any degree , but had a good opinion , and thought well of the Earle of Angus , and excused his part of it , laying the blame thereof upon the rest , who ( they thought ) were more carefull of their own particular , than mindefull or solicitous for the state of GODS Church . And when I call to minde the disposition of men in those times , I cannot expresse it otherwayes than thus ; That they accused all , but excused him ; and yet they so excused him , that they did also accuse him ; not for his want of good-will , but for want of action . They were perswaded of the sincerity of his heart but they thought him defective in action according to their opinion , and would have had him to have taken more upon him than he did . Concerning which purpose I have thought it best not so much to deliver my own judgement , or use my own words in excusing or accusing what might be thought worthy to be excused or accused in him ( for what is mine may be more obnoxious to mens censure ) as to set down every point according to the judgement , and in the words of others , who were present eye-witnesses and special actours in those times : what they thought worthy to be reprehended , and what they required to have amended , which wil comprehend whatever negligence or omission any man can lay to his charge : for as touching any fault of Commission , and doing what he ought not to have done , there was no man complained of him . To which effect , diverse letters might bee produced , which were written to himselfe by diverse persons of all sorts , Civill and Ecclesiasticall , Scottish and English , of the Ministery , which had beene banished with him , and of the brethren of the Church of England : but I have made choice of one for all , which containeth the summe of all , both Church and State businesse , both private and publicke , and that in the Authours owne words most faithfully , neither adding nor impairing any thing . To which wee shall subjoyne his owne answer , in his owne words ( so farre as our memory can serve ) at least his owne estimation , and judgement of every point ; his ends , grounds and reasons of his actions , which hee delivered in his most inward , and private conference , where it pleased him to open himselfe , as hee was accustomed , freely , and even to the laying naked of his very heart and soule . The letter was ( after the wonted formalities ) thus , HAving occasion of this bearer , I thought good to remember some things , especially that you would ( as you know I intended to have done ) purchase in name of the Countrey , some to bee sent to keepe Justice Courts , in our Countrey and Teviotdale , otherwayes all will breake . Also let the sitting of the Session bee hasted , that such things as flow from their restitution may bee decided , otherwayes some men may bee greatly prejudiced and disappointed . As for Master John , it is hard for my Lord to helpe you both ( I am still of that opinion ) wherefore if no place fall about the King , let it not displease his Lordship that one of you seeke some other course . After my departing from Linlithgow , I continued in great anger , whereof I am not yet fully freed , because of that sentence ( or decreet ) reserved to Farnihaste against the Earle of Angus : and though the doers bee partiall , yet I blame most his owne simplicitie ( I must needes so call it ) seeing his authoritie ought to put order to others , where now hee is onely a beholder of that which it pleaseth others to doe . But hee must either take matters otherwayes upon himselfe , or undoe himselfe , and all the rest with him . For if the Master of Glames , forgetting the event of Ruthven businesse , will needs trace the steps of the Earle of Gowrie , it is not for the rest of the fellowship to be slothfull to their owne hinderance . They are indeed at Court , but are esteemed no better ( abroad ) then beasts in the Countrey , never like to acquire the favour of any ; but continually declining out of the hearts of many of their well affected friends , who all speake , as though they saw already an evident ruine of them : and that ( doubtlesly ) deserved , for lying in their good cause , and not vindicating Israel from Aram. Remember whence they are fallen , and return , or we shall bee forced to lament for that which wee shall never bee able to amend . If they sticke to their cause , all is sure ; otherwise nothing sure : for either their suretie is by the Kings favour ( whereof I speake nothing ) or the favour of the people : this they must have by pressing their cause ; of Noblemen , for relieving them from bondage , and revenging their bloud ; of Gentlemen and Commons , for purging Religion , restoring of Justice , and providing that Tyrannie thrust not it selfe in againe . If this bee urged , it will confirme such as are already in the cause , and will make more to joyne in it : So shall the cause prosper ; and if occasion crave so , there is a partie ever ready to take Armes for it . But if , omitting this , a flattering , or a fearefull course bee taken , who shall speake plaine , and assist such fearefull dissemblers ? who shall credit them , when afterwards ( as heretofore ) they shall take on the name of the good cause ? I wish the Kings Majestie may bee used with all Princely reverence , but not flatteringly fostered in tyranny to his owne undoing , though I seeme to see even now that these flatterers shall be worthily wracked . I aske them whether they had a just cause in hand or not ? ( and yet of all these evils , under the burden whereof the Countrey groned , they have opened nothing at all to his Majestie ) why is it not then justified in deed by condemning the other worthy to bee condemned ? Is their cause already ended ? And if not , why is it then left off ? hath it not enemies ? why should it not then bee fortified against them ? The Declaration of their cause , why was it published ? To acquire favour at the hands of the people ? And why then is there nothing done to retaine this favour ? yea rather , why are such things done , as procure their disfavour , and hatred ? I see nothing , but as men have dissemblingly pretended a good cause with uncleansed hearts , God ( to discover their hypocrisie ) hath given them their hearts desire , but for their further ruine for their Hypocrisie . I cannot forbeare to write this , though I bee out of hope of any good , yet I suppose that such as have meant uprightly , shall ( in Gods favour ) bee provided for ( though with trouble ) when God shall require of those dissemblers the bloud of such as have perished , and shall perish through their default , giving them a proofe of their owne wits , and their unfaithfull hearts : They would not serve God , hee made men their masters . Are means failed him ? No : the last shall bee worse then the first . It seemeth to mee that God hath even prepared a mischief for them ; and therefore given them over to their owne devices , wherewith they are so drunke , and blinded , as men in a melancholicke apprehension , who are past all cure of Physicke . But this , above all , troubles mee most , that till such time as good men bee all undone , and the Land utterly ruined , and overborne with Tyrannie , it shall not bee resisted hereafter . For a new Generation must arise ( that hath forgotten these things ) before that any who shall pretend a common cause get credit : good men are so often deceived under that colour and pretext , and drawne on to their wracke . And certainely , rather then I were hee , that ( through mis-governance and evill order ) should undoe so many as are like to bee undone at this time , I had farre rather give my owne life for it . But I speake to deafe men , and therefore I cease , committing to God the providing for those , whose hearts hee sees to bee upright , having from time to time kept nothing backe of that which I knew would make for the surety of these men , and the cause , without troubling them with any particulars . If Angus could steere in his owne roome , hee might redresse the Masters errours : Speake to Dunniepace and Largoe : See what is done about the Barons , and give me notice of such direction as goeth to their Shires . I say , for conclusion , their earnest suite in particulars , and negligence in the common cause , convicts them before all men , and the King may justly say , They had no good meaning . But if it were mine to doe , wee should goe all together to the King , and say , this or the like speech . Sir , in that yee have ( as may be ) redressed our particulars , wee thanke you heartily , though it was ever the least part of our desire ; for Gods Church hath beene heavily oppressed ( then tell him the particulars apart ) Your Realme and Subjects have beene tyrannized over : ( then tell him also some proofes ) Let therefore the Gospell bee restored to the owne libertie , and some men chosen to set downe some sure policy which may last and continue . Let some also bee deputed to heare the plaints and grievances of such as have beene wronged , under the colour of your Majesties name , and let their wrongs bee redressed as much as is possible ; and such order taken , that the Subjects may bee out of feare heareafter of suffering , so they keepe the Lawes . Let the Lawes also bee revised by wise men , and such of them taken away as bee hurtfull to the Subjects ( for you shall finde the like Ordinance touching Acts of Parliament of olde . ) This being done , wee doubt not , but God shall blesse you , and your Countrey ; seeing , the neglecting hereof , hath beene the cause of the evills past . Sir , doe it your selfe , for the gaine is yours , though wee put you in minde of it . Now except this bee done , there can bee no continuing quietnesse . Postscript . THeir foolish proceedings make all men to stand aloofe . I heare the Lord Boyd is secretly in this Countrey of Scotland , but seeth not that in them which hee could wish . Let the Master behave himselfe as hee pleaseth , can the King but thinke that hee would rather wish his owne ●…ster sonne King ? I finde great fault that the Abbots ( Driebrough and Cambuskenneth ) Lie abake , who are practitioners and partakers , as Marre at Ruthven : let them joyne together and bee knowne . This letter being received , and a fit opportunitie espied ; it was brought to my Lord , and without further ceremony ; I have received here a letter ( saith hee ) from whom , and from whence your Lordship may see . It is written to mee indeed , but not for my sake , ( for hee knowes my minde ) but that I might so informe your Lordship concerning your estate , and the state of the publicke cause which you have embraced ; and you might know what the thoughts of honest men are concerning it , what they thinke , what they expect , what they wish and require . I thinke it best that it speake for it selfe in its owne language , let it be your Lordships pleasure to reade it . He tooke it and read it , and after a little pause ; This ( saith he ) that is here in the beginning of this letter may be obtained , this Commission for Justice Courts , and this for our securitie we shall and must needs bee carefull of . There is next that which concerneth your selfe ; wherein I am sorry that occasion hath not served me to expresse in effect the good will I bore you , as I thinke I ought to doe . And while he was about to goe on in that purpose , the other interrupting him , made answer : Let it be your Lordships pleasure to breake off that discourse : I never doubted ( nor never will doe ) of your Lordships minde , which is enough to satisfie me ; you know my ambition . I am content to doe any thing , I am content to doe nothing : hope did not bring me to this cause ; frustrating , nor feare cannot divert me . If I can serve to any good use , I am glad of it : if I cannot , yet am I contented : it is enough to me that I have been willing , and gone as farre as God hath called me : hee knoweth how farre hee will imploy any , and your Lordship is my best witnesse , that I never did thrust my sel●…e into your Lordships publicke or private businesse . So farre as you were pleased of your owne accord to communicate with me , so farre I knew and meddled . I know what men thinke , but this shall ever be my wisedome , or my folly ( let who list account it so ) yet if I were even aspiringly disposed , how can your Lordship doe for your friends , at his Majesties hands , who doth your owne affaires with him by the mediation of strangers ? But ( seeing we are fallen upon this purpose ) let it not displease your Lordship that Master John retire himselfe ( as you see it is desired here ) I will ( by Gods grace ) runne such hazard and fortune as may befall me , by being your Lordships onely ; to which my minde , my liking , and the honour I have to be your Lordships Kinseman , and will to honour and doe what good office I can to your Lordship , do carry me ; and if so I can serve your Lordship to any good use in any thing you have to doe , it is all I crave : for the present let me bee bold to aske your Lordships minde and disposition concerning this letter , what you thinke rightly admonished , and what you intend about the prosecution or amending of every point in it ? Before we come to this ( said my Lord ) let mee demand a question of you first , and heare your judgement in a point which hath greatly perplexed me : you remember the sermon preached at Linlithgow , by Master Craig , what thinke you of it ? I remember you told me you did not fully like it : but I would heare you againe more particularly to refresh my memory , because it is greatly incident to this purpose , and seems to cut short all our actions . For if the case of all Subjects towards their Princes be such , what can we doe but depend on their pleasure ? The other ( smiling a little ) indeed my Lord ( as it is in our Proverbe ) It is time to aske the question ! for if you must depend on their pleasure , why did you not expect it ? and stay in England till you were recalled ? why came you unsent for ? and that in such a manner ? what is become of your Proclamations ? and of all the faire reasons of it ? you must goe backe again , and recant all , and cry peccavie for these things . Oh , ( saith my Lord ) that is another question , for what we did in that , was done of necessitie for our lives and estates , and to remove that violent tyrannous man , who else would have undone King , Countrey , and all : But now that he is removed , and that necessitie taken away , it is another case ; how to deale with our Prince , to whom we owe such obedience , he being amongst Kings , Who are in the place of God , who are called Gods , and to whom is due the obedience to God. But leaving the particular , let me heare you of the generall , What you thinke of that Sermon , and of his grounds ? I know there are others also , that were not satisfied with it , but I would heare you . Having paused a little , he answered : Loath am I my Lord , to enter upon that taske of censuring any man , chiefly a Preacher : I like better to dispute a point and discusse a truth , without touching upon any mans person , so farre as it can be avoyded . But seeing your Lordship drawes me to it : I confesse , wee all disclaime implicite faith , and thinke wee are reasonable c●…eatures , apt to weigh and consider mens reasons , and yeeld assent to their opinions so farre as they enforce , neither ought wee otherwayes to consent , nor can any reasonable man enforce himselfe to assent , which makes me , in matter of consenting ( chie●…ly in Religion ) to dislike of constraint : For I judge of others as I finde my selfe ; the world cannot force mee , nay , I cannot force my selfe to thinke otherwayes , then my judgement alloweth of . But to your question , I am more favourable to Princes , then many beleeve , and to Monarches : I account it a great and heavie charge , and burden , which hath need of great reliefe , and many comforts to recompense the pains thereof , and can permit much to a good Prince , yea , as much as he himselfe pleaseth ; which will never bee more then is good and just , though it were all the estates of his Subjects , and the whole Countrey to be guided by himselfe alone , with as absolute power as any ever spake of , and yet not thinke that hee had an haires bredth of more power to doe hurt . But to the question we are on ; your Lordship remembers the ground that Master Craig did lay ? yes ( saith he ) very well : It was that passage of the 82. Psalme ( God sits in the assembly of the Gods ) And what he built thereon ? He built ( said he ) obedience to Kings commandments and impunitie without controulement ; your Lordship remembers right , and reports the best of his speech in the fairest termes [ Obedience to Kings , Impunitie to Kings ] whereas hee said roundly , [ Obedience to Tyrants , Impunitie to Tyrants ] which two who confounds , doth great wrong to good Kings . But whether wee call them Tyrants , or Kings , which that Psalme speakes of , Who so inferres these conclusions from thence , doth it without warrant from the text , the drift of which is clean contrary ; not to extoll or lift them up , but to abate their pride , and to humble them ; not to secure them , but to terrifie them ; not to exempt them from death ( the lot of other men ) but to let them know that they are subject to it as well as others , and to threaten them therewith . Wherefore let men build up Power and impunitie to Tyrants upon what other place of Scripture they please , I dare affirme that this place is most unfit for it . For here there is never a word of [ Obedience ] never a word of [ Impunitie ] but by the contrary of [ punishment . ] Oh , ! but it saith [ I have said ye are Gods : ] True , but it saith also [ Neverthelesse , you shall die ] which two being put together , the one shewes them their duety , [ Do justice as God doth ] the other threatneth punishment [ Te shall die if ye do it not . ] But they will say , that this threatning is from God , and therefore God ( indeed ) may and will punish , but man may not . I answer , the Text makes no mention whether God will punish them immediately , or by the hand of man : but however that be , the scope of the Psalmist is to humble them , and hee who from thence doth gather any Prerogative or impunitie to them , gathers that which is contrary to the Text. Now to come to the particulars of the Sermon : To what use was it at that time to preach [ Obedience ] to Tyrants ? was it not sufficient to have preached [ Obedience ] to good Kings ? And to have showne his Majesty to be a good King ( if he thought that any man doubted of that point ) which was more honourable for his Majestie , more beseeming a Preacher , more easie to perswade , then to roote out the inveterate opinion of the lawfulnes to resist Tyrants ? Concerning his Arguments : 1. Was the first solid ? [ God sitteth in the assembly of Gods ] therfore Tyrants sit in the seat of God : though it were true , yet it followeth not : and it is even like to this , The King sits in the Assembly of the Lords , therefore the Lords sit in the Kings seat . As on the contrary , The King ( being present ) doth sit in his owne seat , and the Lords do rather sit in his seat when he is absent , then when he sits in the Assembly amongst them . Also ( as I have said ) the presence of God is there mentioned : not to authorize , but to controll them . Neither doth the Text inferre , [ Therefore obey them ] there is no word of that there , but [ Therefore they shall die ] Because God sits and sees them , eyes them , and perceives the wrong they doe , and how they abuse their power , which is a contrary illation to his , and farre more consonant to the Text. 2. His second Argument was [ The people of God are commanded to obey Nabuchodonozor , who was a Tyrant , therefore all Tyrants should be obeyed . ] How hard an inference ! Of a particular extraordinary , to gather a generall ordinary rule ! If wee allow of this kinde of arguing , it will bee replied : God commanded Jehu ( a private man ) to slay Achab ( a Tyrant ) therefore private men ought , or may slay Tyrants . 3. His third [ David did not slay Saul , therefore no man should lay hands on a Tyrant ] how loose is it ? from example or authoritie , negative . 4. But the fourth [ God placed the Tyrant in that place , therefore no man may put him out of it , though his Tyranny bee never so great ] what doe you thinke of it ? A mans goods are taken from him by a briggand , who doubts but God hath given them into the briggands hands ? But doth it therefore follow , that no man ( not the Magistrate ) may take them from him againe , because God hath put them into his hands ? yea , who knowes but God hath cast them into his hands for that end , that they may bee taken out of his hands , and hee punished for it ? Besides , this inconvenient will also follow hereon : if an usurper shall once get himselfe place in a Kingdome , no man ( by this reasoning ) may ever dispossesse him again , to repossesse the lawfull King ; because ( without all doubt ) God hath placed him there . This were a maxime very prejudiciall to lawfull and rightfull Kings . 5 The fifth was a Simile ] which all men know are ever lame , and doe halt some way ; yea those which he used , are brought by others to prove the contrary . 1. For even Children are sometimes made free from their Parents by the civill law Romane . 2. And Servants from their Masters , by Gods Law given to the Jewes ; as , If his eye bee beaten out , let him goe for his eye . 3. Wives are divorced , and freed from their husbands , if the essentiall knot and tie of matrimonie bee violated , and broken : why then may not the tie we have to Tyrants be taken away ? If the Essentiall cause of obedience ( the image of God ) justice ) be violated , and cast off by the Tyrant , why may not the obligation of obedience cease ? And this for his Arguments , which you ●…ee how frivolous and weak they are . As for his conclusion [ Men may not put hand in Tyrants ] it can never be deduced from his text : There is only one word , which seemes to make for him [ I said ye are gods ] but the next words say plainly [ Neverthelesse ye shall die , ] whereby it is clear , that this appellation of ( gods ) is not given them to free them from punishment , but to put them in minde of their duty ; which when they neglect , they lose the name , and are lyable to the punishment . So that ( according to his owne forme of reasoning ) if it follow from hence , that because God hath placed them in that place to doe justice , therefore men should not take them out of it , though they prove Tyrants ; it will follow farre better ; God appoints them to die , because they doe not justice , therefore they must die , therefore men may make them die , when they become Tyrants in stead of being gods . Which kind of reasoning if he think not to be good , then must he quit his own reason , and leave this passage , as neither making for him , nor against him ; neither exempting them from punishment ( in calling them gods , which showes but what they ought to be of dutie ) nor yet giving expresse command for men to slay them , in this other word ( ye shall die ) which showes onely what God will doe in his justice . He alledged ( as others also doe in this cause ) that the thing which moved him to broach this conclusion , was , because that if a liberty to kill , or disobey Tyrants be granted unto men , then good Kings shall not be obeyed , nor sure of their owne lives , because seditious or ambitious men ( of which there are enow ) will call a good King a Tyrant . But your Lordship may consider the futilitie of that pretext ; for by the same reason all lawes are taken away , and all punishment of vice and wickednesse . For where the law ordaines theeves to be punished , an unjust Judge may call an honest man a theefe ; and if we allow blasphemie to be punished , a Jezabel will finde meanes to cause Naboth be accounted a blasphemer ; and if we suffer sedition to be punished , Tyrants will call a good Patriot , a seditious fellow ; free admonitions , treason ; and any word of liberty , rebellion . Shall therefore sedition be unpunished ? shall theft ? shall blasphemie ? And certainly there is more danger , and it comes oftner to passe , that a Tyrant should call an honest man seditious , then it is found that subjects call a good King a Tyrant . The people suffer much ( what by custome , what through a naturall inclination and love toward their Princes ) and beare with many great faults , and seldome come to rise up against him , but when the injury is intolerable . And you shall finde ( when you please to trie it ) that they have comported more and oftner with wicked Princes , then ever they have made insurrection against good ones ; nay , then they have made against the wicked , unlesse their wickednesse hath beene extreme enormous and pernicious . Yea , I doubt whether any can finde an example of insurrection against any that was good , nay , against any tolerably wicked : whereas of the other side , many honest men have beene opprest , and put to death by Tyrants upon small or no occasion , upon a forged accusation , lie , or calumnie . Wherefore it is a foolish and ridiculous pretext , to maintaine Obedience , and the Impunitie of Tyrants , that so good Kings may be obeyed , and secured : as if a man should plead for impunitie to harlots , that so honest matrons may be secured . All is but folly , for there is but one way to secure honest women , which is to avoyd whorish fashions ; to secure honest and true men , to take heed they be not found breaking or digging through of houses . And let a good King beware and carefully avoid all tyrannicall actions . So ( and onely so ) shall he be sure ( if word and worke justifie him ) and free from all feare of punishment from God or man. And thus much concerning your Lordships question , what my opinion is of that Sermon . But seeing we are fallen upon this subject , let me tell your Lordship how men , while they labour to put a good face upon this matter , wavering betwixt flatterie of Princes , and truth of reason received , and allowed by the common consent of all men against Tyrants , involve and intangle themselves into many difficulties and absurdities . I will bring one instance for all , and that is Bodinus ( a Frenchman ) in his booke De republica : faine would he make even Tyrants to be sacred and inviolable , and perswade that all obedience is due , and ought to be given them . And he concludes , that they are not to be touched by their subjects , but obeyed ; whereof he gives this for his chiefe reason , Because their subjects have no jurisdiction over them ▪ yet finding how hard it were to free them from all feare of punishment , he puts them into the hands of forraine Kings , and exhorts them to exterminate and root them out , commending it as a laudable action , by the imitation of Hercules , who travelled through the world ( sayes he ) to destroy these Monsters , Tyrants . Now let any man judge what good reason can be given for denying that power to the Countrey it selfe ( under the pretext , because they have no jurisdiction ) and to give it to a forrainer , who hath neither interest nor jurisdiction over another Prince . And whether is there more danger in the sedition of his Countrey people , then in the ambition of a stranger Prince ? And which of them is likeliest to picke a quarrell against him , and to call him a Tyrant , and seeke occasion to worke their owne particular ends ? Besides , what shall be the part of the people in this case ? Shall they fight against this forrainer , who comes to cut off their Tyrant ? Who then shall come to relieve those from tyrannie , that will take armes for defence of the Tyrant ? Shall they joyne with him ? Certainly in all reason they ought to joyne with him , seeing it is for their sakes that he under-takes the warre . But that is Rebellion ( if wee beleeve Bodinus . ) Shall they be neutrall , and spectators ? Even that is disobedience . And yet the same Bodinus sayes , That Tyrants are monsters ; now there is no societie ( farre lesse bond of obedience and subjection ) with monsters . Yea , hee sayes , That there is no societie with Pirats ▪ because they break the Lawes of humane societie ; and Tyrants break them much more . This same man in his D●…monomania sayes , A King may become a Wolfe ; and that a great King in Christendome was one when hee pleased . I ask him then , Whether such a King should bee obeyed , when hee is a Wolfe ? And if hee should ever continue to bee such , without returning to bee a man , whether or not must hee bee ever obeyed in all things ? Shall his sacred Majestie bee reverenced ? And ( lest hee should starve ) shall hee bee fed with childrens flesh ( perhaps ) because hee will eat no other , or ( at least ) because hee likes that best ? Certainly , his reason will inferre no lesse than that hee should . And if hee bee ashamed to affirme this , and will confesse that it is lawfull to put such an one from his Kingdome , who hath put off humane nature , and can now no more guide a Kingdome : what shall wee think of one , who ( though retaining the shape of a man ) hath a wolvish nature and disposition , being cruell , wicked , licentious , and over-throwes all right and equitie ? And is not a Tyrant ( for the like reason ) as worthie to bee deprived of that Kingdome , which hee cannot , or will not guide rightly , but destro●…s and makes havock of all ? Certainly , the reason is all one : for it is n●…t the shape ( so much ) of a Wolfe that men abhorre , as the wolvish and ravenous nature and disposition . For suppose a good Kingwere ( contrary to his will ) transformed by Magicall incantation onely , into the sh●…pe of a Wolfe , who did retaine his reason , his speech , his wisedome , justice , equitie , meeknesse , and all good Government , omitting nothing that belonged to a good Prince , men would not so much abhorre , as pity him , and expect till some way were found how hee might recover his former shape , and would ( doubtlesse ) preferre his humane nature , though in the shape of a Wolfe , to a wolvish nature , though under the shape of a man ; it being farre more tolerable , and f●…rre more advantageous for the Common-wealth , whereof the good and safetie is ever to bee respected and preferred in all things . And thus much for Bodinus . But will your Lordship bee pleased to hear what that great Doctour of the Lawes ( a professed Patron of Princes , in his book which hee wrote of purpose for their defence ) I mean Blackwood sayes concerning this question ? It is ( sayes hee ) an absurd thing to affirm , That a Princes commandement should or may be dis-obeyed . Yet if a Prince command any thing that is unjust , it must not be obeyed . But how shall we do then ? Even this , sayes hee , when the commandement is unjust , we must suppose that the commandement is not the Kings commandement : but either that it is , first , some fained and forged thing under his name ; secondly , or stoln from him at unawares ; thirdly , or that being busied some other way , he did not take heed to it : Fourthly , or that he hath been ill informed : Fifthly , or mis-taken it : Sixthly , or that hee is mis-led and mis-carried with some passion or prejudice . So in the point of controlling Princes , he cannot endure that the Sacred Majestie , Gods Vice-gerent , should be constrained or forced any way ; that is absurd and abominable : Yet if he mis-governe the Countrey , so that the state of the Common-weale bee in danger , the blame must bee laid on his evill Counsellours ; those they may lay hands on , and take order with them ; nay , hang them , if they please , and place good men about him , whose better advice he may follow . But by no meanes must they touch or meddle with himself in person . This opinion is such , that ( I beleeve ) hee against whom he writes , hath not written any thing that may seeme more hard . For if we may call his commandements ( when they are unjust ) stolne , and so dis-obey them ; wee are not bound to obey his unjust commandements . And if wee may take order with his counsellours , who will be his counsellour ? Or who will execute his unjust will ? Nay , how can subjects do either of these two without a manifest controlling and forcing of him , Since hee will oppose and interpret all as done against himselfe , and call it Treason and Rebellion against him ? So that in effect , all comes to one . Besides , this way leaves that ground ( which men so carefully pretend to avoyd ) which is , to call all his commandements stolne ( though they bee never so clearly his ) and albeit they bee never so good ; as also of calling his Counsellours evill , though they bee not so . Whereby hee makes them Judges both of his Commandements and Counsellours ; so that they may call it in question whether they bee good or not ; which doth brangle , and ( indeed ) over-turne all that absolute power which he gave them before . I will not omit here to tell your Lordship of another distinction that some use against unlawfull commandements : They grant that we should not give them Active Obedience , that is , that we should not do the thing commanded , but that we must yeeld Passive obedience , that is , Suffer what punishment the Prince shall be pleased to lay upon us for our refusing to do what he commands , whether it be a pecuniarie mulct , imprisonment , or death it self . But if this be rightly weighed in the balance of reason , if the commandement be unlawfull , the punishment inflicted for refusing to obey it , is also unlawfull , and the commanding of us to under-go that punishment , is likewise unlawfull . Therefore there is no necessitie of obedience to that command , according to Blackwoods rule ; for it is not the Kings ; it is stolne . Therefore if a Tyrant command a thing unlawfull , under the pain of paying a summe of money , a man is no more bound to pay the money , than hee is to obey the commandement ; for both are unlawfull . Farre lesse is he bound to submit himself to a corporall punishment , or to lay down his life , or to enter into prison , which takes away his libertie , as dear to him as his life , and doth oftentimes endanger both his life and goods by consequence . If ( I say ) he can get these things avoided , he is not bound in conscience to under-go them , but may lawfully with-draw himself from them , and shun them . What hee is to do when he cannot eschue these things , is not a case of duty , but of prudencie : for that same question will come to bee considered , when a man hath to do with a Robber ( to whom he owes no obligation of obedience ) if hee bee not able to resist him , how farre hee shall yeeld to him . Let us put the case then , That a Tyrant would ( for our dis-obeying of his unlawfull commands ) invade us his subjects by Armes , wee are not so bound to him , but wee may avoide the blow ; nay , the subject ( in this case ) may warde the blow , and put by his Princes Weapon , he may hold his hands ( if it be necessary ) and if hee cannot otherwayes save himself . And what will these that stand for Passive Obedience answer to those that suppose this case : That the Prince and his subjects were in a ship , and the Prince should command a leake to be made in the ship , by which the water might come in , and drown both them and himself ? They will ( perhaps ) say , that they would not do it , although he should command it . But would they give him a Passive Obedience ? Would they suffer him to kill them for their refusall ? Would they give him leave and way to do it ? Or would they set aside such ceremonie , and stay him from it calmely ? Put the Augre or Wimble out of the way , or keep it from him ? Hold his hands ; or ( if there were need ) even binde him rather ? so to save themselves and him . Which if it be right and lawfull to do for preserving a private ship , what shall be said of the Bark of the Common-wealth ( I pray you ) if a Tyrant do such things , which will cast it into danger of drowning and shipwrack ? Now the ground of all this ; First , ( That tyrants must bee obeyed ; Secondly , that they must not be controlled , nor resisted , but get ever a Passive Obedience ; Thirdly , that they must no wayes bee deprived , and farre lesse touched in their persons ) is in this ( forsooth ) That they are Gods ; which name ( as they alledge ) inferres all these , Obedience , not resistance , not depriving , &c. And indeed ( to bee God ) carries more with it ; it imports both Active and Passive Obedience to whatsoever he commands without exception , to kill his sonne with Abraham ; for each man to kill his brother , as the Levites did . But how farre these ( called ) Gods , come short of that priviledge ( notwithstanding of the name ) I have said before : and therefore this appellation will not import any of the rest by any necessary consequence , no more than it doth absolute Active Obedience . Neither are Princes there compared to GOD , because of equall soveraignity or obedience due to them , but because of the likenesse of the action , and to warne them to imitate him in justice . And to draw an argument from a Comparison of things , to prove an equality in them , in that wherein they are not matched or compared , is against the law of Similies , or Comparisons . Secondly , those who dispute in this sort , speak onely of absolute Monarchs ( as they call them ) but the name of [ Gods ] is not onely given to absolute Monarchs . It is given to the Judges of Israel before they had Kings : & the Turks use ( at this day ) when they go to law , this phrase , Let us go to God : by which they mean , not their absolute Monarch , the Emperour , but any inferiour Judge , even the lowest and meanest , as ( no question ) even a Sheriffes depute , or a Barons Bailiffe sit in the place of God , when they sit to do justice betwixt parties ; yet no man for that doth attribute absolute power to them . Behold the ground of your Lordships cause , and of this so worthy an action done by you , to your perpetuall honour , of rare memory and example in any age : lo what you have been ; not contemplating and disputing in the Schooles , but practising in the Common-wealth . For if it be not lawfull to disobey the command of Princes ( even of lawfull and borne Princes ) in any case , then is this that you have done , very unlawfull . If it be a wrong to controll their wills , then must this your fact be condemned as wrong . If it bee not lawfull to remove from them wicked Counsellours and instruments of iniquitie , then is this your act altogether unjust , enormous , unlawfull and treacherous . But the world acknowledges , all men assent , and the Prince himselfe confesses , that you have happily atchieved a worthie worke , in freeing your King from the jawes of these wolves and lions , who devoured the Realme , and polluted his name and fame ; that you have restored him to his honour , and that high expectation of him to his Countrey , and to the Church of God throughout the whole world . There rests onely this exception and doubt in mens mindes , whether or not this hath been your aime ( in very deed ) and the true scope and end of your enterprise ; or if this bee but incident and adventitious to your own particular designes . For it is sure , your particular was joyned with it ; but that is no fault : yea , I account him happy , whose lot joynes his estate with an honest cause , so that they must stand or fall together ; or whose minde and resolution casts him upon it . But it is of great weight , and makes a great difference , when the cause is our end , and ( our particular but accessorie , or contrarily ) when our particular is the maine motive , and the common cause but a by end , and embraced only to advance our particular . Your Proclamation ( or Declaration ) which ye published , speaks much of the publick cause and common-weale ; but you may perceive what men think ( how your actions and doings since do not answer thereto ) by this Letter . For they are begun to think , that howsoever you pretended the publick , yet your intention was fixed onely on your own particular ; because you have done nothing for the Church or Countrey , and hath settled your own particular . And it is observed , That of all the Parliaments that were ever held in this Countrey , this last ( held since you came home ) is it , in which alone there is no mention of the Church , either in the beginning thereof ( as in all others there is ) or elsewhere throughout . This neglect of the state of the Church and Countrey , as it is a blemish of your fact , obscuring the beauty and lustre of it ; so is it accounted an errour in policie and civill prudencie , by so doing , to divide and separate your particular from the common cause of the Church and Countrey ; which as it hath been the meane of your particular restitution , so is it the onely meane to maintain you in this estate , and to make it sure and firme . Hee having thus spoken , the Earle of Angus answered , I know that question stands yet undecided betwixt those that stand for Tyrants , and those that are against them , and is disputed by Lawyers on both sides ; as what is not disputed and called in question by them ? I see also there hath been continuall practice of both wayes ; and the practice hath been allowed or dis-allowed according to the successe ; The Nobility calling it Tyranny and mis-government , and the Prince calling the controlling of him , Sedition , Rebellion , Treason . But if Doctor Blackwood say that which you say , hee touches the point very right , and the fashion of our Countrey , whose ordinary custome hath ever been such , to take order with wicked Counsellours , carrying all respect to the Prince , and as much reverence as ever any Nation did . Yet that beginning with the Counsellours drew many at last by necessity to betake themselves directly to their Prince himself , when hee would needs espouse their quarrell , and either to protect and maintaine them , or to revenge them . So that if Blackwood say that it is lawfull to punish wicked Counsellours , he must confesse also , that it is lawfull to controll Kings . Neither is hee aware that in so saying , hee makes the Nobility ( or Estates ) Judges to discern whether the Counsellours bee wicked or not ; and whether their proceedings bee for the good of the Countrey , which he will alledge they are ; and that both themselves are good servants , and their service good and profitable to him and the Countrey ; and these actions which they do , and the counsell which they give ▪ that they do them as his servants , and by his direction , as Counsellours advising and propounding things , not prescribing or enjoyning ; and therefore what is done against them , is not done against them , but against him ; and that they are not wicked , but good and faithfull men . Now the case standing thus , to whomsoever he allowes the power to put order to them as wicked , hee allowes them also power to cognosce of them as wicked , to judge of them as wicked ; and that contrary to the judgement of their Prince who will never judge them such . And indeed , unlesse it be so , when wicked men shall winde themselves in about a Prince , and abuse his name , or pervert his minde , How shall the Prince be preserved ? How shall the Countrey , the State , Religion , Lawes , Order , and particular mens estates be saved from ruine ? As hath been profitably and necessarily practised ( divers times before ) in this Kingdome ; and of late by us upon a flat necessity for his own good , and the good of the Countrey . And for my own part ( I will answer for one , and can answer but for one ) his good did as much move me to that course , as any private interest of my own : and I still shall as much regard it ( by GODS grace ) so long as this weak life is in my body . I know not how long that will be , and who lives longest , lives but a short time ; and I account not that hee lives , who lives onely to live this life , or to enjoy any thing that is in it . This Lesson I have learned substantially ( so my GOD hath schooled me ) and I speak it to you seriously , knowing to whom I speak . Neither shall ever any endeavour of mine have any particular for the last end of it . That all is not so well done and so clearly to the satisfaction of the Ministery , and all honestly affected , it grieves me as much as any , and I am not ignorant that these inconvenients follow thereupon , That we undergo the slander of respecting our particular , Of carelesnesse of the Church and Countrey ; as though all our speeches and Proclamations tending that way , had been but pretexts , and that if ever any such businesse should fall out again , our credit will not be so great . Yet ( not for these causes , but for the well doing it self ) my desire is , That every thing be rightly done , because it is right so to doe . But what can I help it ? I am but one of the society , neither can I perswade my associats to do otherwayes , nor am I able to compell them , nor were it fit I should , it not being the Law of a society to doe so ; but to do all with commune consent , and to obtaine what may bee obtained by a fair way , but to go no further . Otherwayes it would quickly dissolve into divers factions amongst our selves , and make some of us joyne with others to the overthrow of us all : which if ever it come to passe , it shall never be through any occasion from me . Men think ( I know ) that my place is a principall one , yet it is but the place of one ; neither is it so principall , but that there is as principall as it , equall to it , or ( perhaps ) beyond it , in respect of proxinitie to the Kingdome , if it should fall out so , which GOD forbid it should . For no King ( you know ) can ever bee so neare to mee , and therefore there is none whom I should or will affect so much . And this is it that carries it away from me , and gives them no little advantage : The Lord Hamilton being next the Crowne , is guided by the Master of Glames : and the Master delights to bee deep in his counsels , and pleaseth himself in this form of managing affaires , which you see is now used . I have many times told him ( and others also ) my opinion , but cannot bring them to it . If I should take a course to crosse and force them , How dangerous were it ? Yea , what concurrence or assistance should I have ? Or , of whose friendship could I assure my self ? Maxwell , you know what his respects are : and what Religion he is of . I can never forget the Watch-word he gave at Fawkirk , whereby he did plainly professe his disposition to superstition , Saint Andrew was it . And who knowes what intention he hath to retain the title of the Earle of Morton . As for your Chief ( the Lord Hume ) dare we think better of him ? My brother-in-law ( the Earle Bothwell ) how uncertain is hee ? What ado had I to retaine him at Fawkirk ? And what trouble have I still to keep him in good order ? There is onely one , of whose stedfastnesse and friendship I dare assure my self , as much as of my self , who is loving , faithfull and constant , and that is the Earle of Marre : yet hee hath been so tossed with troubles already , that he is loath to intangle himself a new , if it can be avoided any way . And why should not I be as loath to put him to any hazard , or to occasion any trouble to him , contrary to his disposition ? GOD forbid , but that I should ▪ bee as carefull of him as hee is of himself . And concerning their proceedings ; as I do not approve them altogether , so dare I not condemne them altogether . Wee have to doe with our Prince ; what should we not doe to gain him by all faire and Gentle meanes ? Wee ought not to crosse or thrall his will , but to draw it easily to a better temper ; and not so much oppose him , as by complying with his inclination a little , to winde him from that ill way and course hee hath beene set upon . He desires to bee at liberty , and to bee knowne to bee so , and it approves and justifies our proceedings to have it so , and testifies to him and to the world , our love and obedience , and what our mindes have been from the beginning toward him . Hee promiseth not to withdraw himself from us , to joyne with others ; our trusting of his promise will deserve that hee should continue with us , and will gaine his affection , which is a surer bond than a guard placed about him ; which would entertaine mutuall suspition , and move him to seek meanes of freeing himself from us : and hardly could any guard bee so kept , but that one set to escape , might ●…inde a way for it ; not to speak of the charges that were required to entertaine it . Neither need wee to feare much , though hee had a minde to forsake us ; for wee know who would or could bee our partie , and what forces they have . That there are some suffered to remaine about him , who are no good friends to us , nay , who have been evill instruments against us , proceeds from the same ground : for it is done , that himself and others may see his liberty , and what confidence wee have in him . That the state of the Ministery is not brought to that point which we wish : wee cannot get it done suddenly , except wee will plain●…y and directly enforce his will : and how many would agree or concurre to that ? But wee hope to work it with his owne consent in time : for the Ministery insist in their right , and he commits them ; and wee intercede and mitigate his anger so farre , that it proceeds onely to a short and easie confinement or imprisoning . In the mean time , they have leasure to informe him , and hee of himself will be wearied with such continuall opposition ; and will give way to settle such a course as they desire ; and so it will be better and more durable , than if it should now bee extorted from him by any show of compulsion . These bee the grounds , upon which such as think themselves very wise amongst us , build their work ; which though it be not so framed , as to give every man present satisfaction ( who knowes not what their way is ? or if they knew , allowes not of it ? ) yet when they shall finde the effects thereof , they will think better of them . Neither are they afraid to want the assistance of such as are honestly affected , in case wee should bee assaulted by any ; for they cannot betake themselves to any other , having none else from whom they can look for any good in the least measure : nay , who is there besides , that hath no●… a very bad meaning ? And wee , though wee doe not all the good ●…hey would ; yet are wee doing somewhat , and keep off much evill ; and therefore they will ●…ather take part with us , than suffer all to go to wrack . You may happly think that you have much to say against this : but ( as I said before ) though I approve not all , yet I do not condemne all ; so I say now , though I report all , yet I doe not approve of all ; and doe confesse that wee should doe much more , and it were better if wee could agree to it , and bee all of one minde . Yet this is the wisedome of our deepest and profoundest Politicians , whom I am resolved not to crosse nor presse any more , but to take my hazard amongst the rest ; and I doe hope , GOD will provide for me as well as for them , and that my part shall bee as well known every way to honest men . And therefore we will have no more objections nor reasoning at this time . Well , my Lord ( said the other ) it shall bee so then ; wee shall reason no more of this Subject . Indeed your Lordships part is best interpreted , save that they think that your authority should be of greater moment ( as you may see by this Letter ) and that you should rather go before all , than follow any . This one thing give me leave to remember concerning the King ; Hee is the most apparent instrument that is in Europe ( and so in the world ) of whom wee can expect greatest good and comfort to the Church of GOD ; as being the onely King that hath been bred in the purity and sincerity of Religigion , and therefore of great expectation ; and because of this expectation , greatly favoured and beloved of all true Professours of Religion every where : He is of a great spirit , ingine , wit , judgement , and learning . Great pity therefore it were , that such an one should be lost , either through corruption creeping into his own minde , or by the poysonable suggestions of others . You doe therefore exceeding well to cherish him calmly , and to entreat him gently , and deale with him in an humble and submisse manner ; which is the way to tame and gaine even wilde-beasts that are without reason ; farre more is it like to prevaile with reasonable men ; and most of all with Princes , who in respect of the height of their place , are not to be violently thralled or enforced , which were the way to spoyle them : as they write of Alexanders horse Bucephalus , whom Philips riders could not manage or over-master by force of bit or bridle , but Alexander by stroking and making much of him , made him manageable . And if ever you intend any worthy or great enterprise in this Countrey or in Europe , behold the mean , use it wisely , and the LORD of Heaven give successe . But this ( I hope ) may be suggested to your consideration , that you would weigh with your selves , and see whether or not this obsequiousnesse ( so to term it ) be the onely mean to be used toward him , smoothing all , and allowing all ; never mentioning the abuses that have been , and yet are in this Countrey ; or if it be not fit also to remonstrate freely ( though reverently ) what hath been , or ( perhaps ) yet is amisse in Religion and the common-wealth , in some such forme as is set down here in the end of this Letter . And whether it bee fit or tolerable for the gaining of him to a right course that such men as have no good meaning , have his eare , and bee his most intimate and ●…nward Councellours . Now I feare mee greatly that the meane by which they have perverted all , and which may be still used to pervert all , and whereby they have gained most upon his tender age , is the eye he hath to our neighbour Kingdome of England , upon which his minde is greatly set , and to which ( no question ) he hath the right of succession ; yet hath he need of assistance to obtaine the possession thereof . And they perswade him ( as hee may also thinke of himselfe ) that this cannot be done without helpe from the Papists in England , France , Spaine , Italie , and from Rome it selfe ; and that the way to make them to be for him , is to put them in hope of him , by ( perhaps ) a present toleration , countenancing , cherishing , and advancing of their Religion . And this ( he may thinke ) cannot stand with the puritie of Discipline , and Government of our Church , which may make him the more averse , and hardly affected toward it , and thinke it fit to curbe it , and so the more to encline to Episcopacie ; by which as he shall more please the Statesmen of England , so shall he be able the more to restraine our Preachers , and their freedome of speech , and the more freely deale and trafficke with Papists , and so make use of all sorts of people , because he may thinke all sorts necessary for his ends , whereas ( indeed ) none of these are of great consequence . For Papists that are without the Countrey ( as France or Spaine ) will never in their hearts wish him to be King of England . France for his nearnesse to them will not desire that he be so great , in respect of hi●… claime to their owne Countrey , and because so the league with Scotland will fall , and they shall want the assistance of the Scots against that title . Spaine pretends a title themselves , which the Papists in England will rather set forward then hinder . Such Papists as are within the Island are of small force , and almost of none yet in Scotland , and not so many in England as to counterpoise the Protestants . Bishops there stand by the State , not the State by them ; men of meane birth , no great riches , lesse following , attendance , or friendship ; easie to be framed to what course he pleaseth , their life-time being reserved , or without condition . Those that seek Reformation are the strength of that Countrey , and certainly the wisest in it , of greatest power by the peoples favour , and credit in Parliament , and every where . Your Lordship hath seene the lettter directed to you all from some of them , containing their judgement , not to be contemned : gaine these , gaine that Countrey . This ( as it is the truth ) would be imprinted in his minde by such persons and meanes as are fit , and others removed , who perswade him otherwise , and his Majestie made to know , that by blending and mingling of Religions , or by professing , or seeming to favour and incline to a contrary Religion , hee cannot attaine to that Kingdome . That hee is happy in this , that the professing and advancing of the true Religion is most profitable for his honour , and prosperous estate in the world , and the best meane to preserve his owne , and to attaine another Kingdome . Neither doth hee stand in need of any bastard , or spurious policie , or farre sought , profane , or wicked course ; a plaine and sincere uprightnesse , in maintaining justice , pietie and religion in this his present Kingdome , will serve his turne ; and the more seriously , fully , and exactly that he observe and follow this way , it will increase his credit and reputation so much the more there , and facilitate his designes . And this is that which will most throughly joyne him to your Lordship , as the opinion of the contrarie is the most effectuall meane that ever they can use to dis-joyne him from you . From the same ground it arises to be considered , whether it be fit to suffer his Majestie and the Ministerie to bee at such variance , they finding fault with him , and he committing and confining them ; and if it be not to be feared that it beget in him a loathing of them , and in them and the Countrey a wearinesse of him : And whether ( therefore ) it were not better to interpose your credit to informe him freely and truly , then thus to looke through your fingers ( as wee speake ) and behold things , and onely now and then procure some little reliefe to them ▪ which forme of dealing rather fosters the rancour , then remedies it , seeing the King gets not the thanks of it himselfe . Certainely if I were a Politician , an ill affected Statesman , and had a desire to make way for another intrant , I would take this course to incense him , and irritate him against the Ministerie , that hee might commit them ; or at least feed and foster his disposition herein , that so hee might bee brought to loathe them , and to bee loathed of them , and so take away that great expectation men had of his Religion , and their love to him for it : I would separate and divide him from such , and such from him ; then bring him to a neutralitie in Religion ; then to countenance men of contrary Religion ; then stirre suspicions on each side ; then alienation would follow ; and what not ? But as I am , out of my poore affection toward his Majestie , I doe wish that these occasions were taken away . I wish ( I say ) that your Lordship see to it , as you would have things right , and out of that minde you spake of , which was , that you have the honour to bee nearer in kinne to him , then to any King that can come after him ; howbeit your Lordship is in the same degree of kindred with the next apparent , my Lord Hammiltouns children . But you desire no change , I know , and that it may continue in the present race , as I am perswaded that Hammiltoun himselfe hath no other minde : yet the matter is worthy your Lordships consideration , so much the more , as ye have had experience how farre evill company about him hath had power alreadie to make things goe on . I leave it , and rest , as having no part or particular save onely to wish well , and to follow , as your Lordship goes before . In the meane time I have also here a note ( of a sheet of paper or two ) concerning the abuses in the Church and Common-wealth , sent to me by master James Melvin , to be ( I know ) imparted to your Lordship : you may lay it by you , and reade it when you have leasure , for your remembrance . This hee tooke ; and having read a little of it , with a deepe sigh , ( which expressed the inward passion of his heart ) God knowes my part ( sayes hee ) I shall neglect nothing that is possible for mee to doe ; and would to God the King knew my heart , how I am affected to his welfare , and would give eare to mee . But , &c. Many times was hee most earnestly dealt with to take more upon him , to frequent the Court more , and to make his residence at it ; especially by Sir Lewis Ballandine . His pretext was the common cause , and the good of it ; but it proceeded from a particular betwixt him and master John Metellane , then Secretarie , who had crossed him in some suite hee had concerning Orkney , and drawne the halfe of it to his owne use . For which cause hee endeavoured to employ the same Gentleman to have perswaded my Lord to that purpose : but he knowing both my Lords inabilitie of body , and aversenesse of minde , told him sincerely and plainly which way my Lord was inclined ; and that his disposition was not to be drawn by any man farther then he thought fit , out of his owne discourse of reason . And for his owne part , hee was to follow his Lordship , and not to goe before him , or prescribe him what he should doe . Sir Lewis grieved very much hereat , having beene familiar with him of old , and complained to his friends , that the Earle of Angus was too slow , and that he had one with him that was as slow as himselfe . Not long after , the infirmitie of his body increasing , and his strength and health decreasing , he was seldome able to come to Court , and could not stay long at it when he did come . I finde ( in a note of those times ) that at the Parliament holden in Edinburgh 1587. ( in June ) there was some dispute betwixt the Earle of Angus , and Master of Glames . But I remember no such thing , neither doe I know how there could bee any publicke dissention ( either in this , or any other thing ) howbeit they differed in judgement concerning the guiding O●… State affaires , yet I see not how that could come to any publicke contention . His associates propounded to him to accept the Office of Chancellour , which had beene vacant ever since the removing of James Stuart . This hee did familiarly impart to the former Gentleman , and asked his opinion therein . Hee answered plainly , That it was indeed the most fit place for him , as being the most honourable Office in the Kingdome , by which he might doe most good offices to his Countrey , in Councell , Session , and elsewhere ; and that by that occasion it brought great dependance , and many followers : That it had beene before in the hands of his Predecessours , as of Earle Archbald the first ( called Bell the Cat ) and of late in the Earle of Mortons , before he was Regent . Hee answered , that it required skill in the lawes , and more learning then hee had . It was replied , that ( in very deed ) much learning was not absolutely necessary ; that it was not knowne what learning Archbald the first had , and it is not likely that hee had much . But it was well knowne that the Earle of Morton had very little , or none at all to speake of , not so much in the Latine tongue as he himselfe had ; and yet hee had discharged the Office with credit . A naturall judgement to conceive and resume the question , and the reasons of each side , is more needfull in a Chancellour then learning , his part being properly to doe that , whereas the decision seldome hangs upon his vote . Or if it come to that , learning does not alwayes the turne , knowledge of the customes of the Countrey is more requisite , and is onely required in Councell . As for the Session businesse , the President does commonly supply the Chancellours roome . Besides , seeing that ordinarily the question is not ended at the first hearing , what is difficult may be advised , and tossed by whom your Lordship pleaseth , before the next hearing . And although you finde not that full sufficiencie for the present , which you could wish , yet time and custome will bring experience , and experience beget knowledge . And this is said to have beene observed of the Earle of Morton , that having beene rude enough at first , he became afterward very skilfull , and as able and sufficient as any man in the Kingdome : and therefore your Lordship needs not to distrust or diffide your selfe in the like case . Well ( saies my Lord ) I know not what dexteritie either of them hath had : and as for the Earle of Morton , though he wanted letters , yet hee was of a singular judgement , and rare wisedome , scarce to be matched by any in this age . But for my owne part ( as I yet thinke ) neither am I able for the present to discharge it , neither doe I thinke it fit to enter into an Office before I have learned what belongs to it ; neither can I digest to doe it by others , seeing I ought to doe it my selfe : yet I shall advise . The conclusion was , he rejected it , and thereupon it was given to Secretarie Metellane , to his associates great griefe , he having ever been a man of a contrary faction and disposition in all businesse of the Common-weale . Hee accepted of the Office of Lieutenant on the Borders willingly , being more sutable to his disposition , and his proper element , as we speake ; and he professed that he delighted as much to hunt out a theefe , as others did to hunt a hare ; and that it was as naturall to him , as any other pastime or exercise is to another man. But he lived not long after this , nor had he time to doe any memorable thing in it . He made onely one roade against the outlawed theeves of the name of Arme-strang ( most of them ) after the King was gone home , who had beene present at the casting downe of their houses . Hee pursued them into the Tarrasse Mosse , which was one of their greatest strengths , and whither no hoast or companies had ever beene known to have followed them before ; and in which they did confide much , because of the straightnesse of the ground . He used great diligence , and sufficient industry ; but the successe was not answerable either to his desire , or other mens expectation . Neither did hee forget to keepe his intention close , and ●…ecret , acquainting none of the people of that Countrey therewithall , untill he was ready to march . Then directing one Jordan of Aplegirth to goe to the other side , whither hee knew they behooved to flee , hee sent with him one of his especiall followers , whom hee knew to bee well affected to the service , to see that hee did his dutie . Hee himselfe with the Armie came openly and directly to the place of their aboade , that they fleeing from him , might fall into the hands of Aplegirth , and his companie , who were come in sufficient good time , before the Army could bee seene to that passage which they were sent to keep . But the birds were all flowne , and there was nothing left but the empty nest , having ( no question ) had some inkling and intelligence hereof ; but it could not be tried by whom the notice had been given them . In the retreat , they shew themselves , and rode about to intercept and catch such as might happen incircumspectly to straggle from the Army , and they failed very narrowly to have attrapped William Douglas of Ively , a young Gentleman of my Lords family ; for which incircumspection , he was soundly chid by him , as having thereby hazarded his owne person , and his Lords honour . After this he came to Langhop , where his infirmity having continued long , and being now increased through travell , it grew at last to a formed disease . Wherefore hee was carried from thence to Smeeton , ( neare to Dalkeith ) a house belonging to James Richison , of whom wee have spoken before . His care of the good of the Church ( which was ever in his mouth during his sicknesse ) shewed that it lay nearest to his heart of all other things . There hee departed out of this transitory life , with great comfort to himselfe , and great griefe of all honest men , and with a generall regreting of all men ; there being none such an enemy to him , or who did so envie or hate him , as not to professe and expresse his sorrow for his death : King , Courtiers , Noblemen , Barons , Burgesses , Commons ; men of all degrees , ranke , qualitie and condition , did lament him : such was the forceable power of vertue in him . Of which wee will say no more , onely we will set downe this following Elogium to be considered by the Reader , then which nothing can bee said more true : Here therefore let it remaine as a witnesse of his vertue , and the Writers deserved affection . Morte jacet saevâ Angusius , spes illa bonorum , Terror malorum maximus : Cui , laude & luctu meritis , pia turba parentat ; Patrem , Parentem ingeminans . Par studium impietas simulat : quem carpere livor Vivum solebat , mortuum Aut veris sequitur lacrymis , aut gaudia fictis Celat pudenda ; & laudibus Saltem non fictis os penè invita resolvit , Seque arguit mendacii . O laus ! O veri vis ! O victoria ! honosque Cunctis triumphis clarior ! Yet were not the aspersions of his enemies ( if hee had any such ) of any moment or consequence : I say , if he had any , for he had no private enemies who hated him , or bore him any ill will for his owne cause ; onely such as were enemies to the Countrey , and the true Religion , hated him as a main pillar , and supporter of these . The greatest objection they had against him ( I mean that carried any show of truth ) was his modestie , ( which they termed slownesse ) but after his death , all mouthes were closed . The love which was generally borne to him was exceeding great , both for his house and families sake ( which was ever the most popular in this Kingdome of all other names ) as also , and that no lesse for his owne vertue , and personall humanitie and courtesie . He was of a blackish and swart complexion , tall'of stature , and of a slender body , but well proportioned and straight limmed ; of a weake and tender constitution , and not very able to endure travell , but having courage enough , and willingnesse to undergoe . His death was ascribed to witchcraft : and one Barbary Nepair in Edinburgh ( wife to Archbald Douglas , of the house of Casshogle ) was apprehended on suspition , but I know not whether shee was convicted of it or not : onely it was reported that she was found guiltie , and that the execution was deferred , because she was with childe , but afterward , no body insisting in the pursuit of her , shee was set at libertie . Anna Simson , a famous witch , is reported to have confessed at her death , that a picture of waxe was brought to her , having A. D. written on it , which ( as they said to her ) did signifie Archbald Davidson , and ( shee not thinking of the Earle of Angus , whose name was Archbald Douglas , and might have beene called Davidson , because his fathers name was David ) did consecrate or execrate it , after her forme , which ( she said ) if she had knowne to have represented him , she would not have done it for all the world . He died the day of 1588. yeares : his body was buried in Abernathie , and his heart in Douglas , by his owne direction . He is the last Earle of the race of George , entitled Master of Angus , who was slain at Flowdon , &c. Of Archbald the ninth Earle of Angus . Angus by cruell death lies here , The good mans hope , the wickeds feare ; The praise and sorrow of the most Religious , who as having lost A father , mourn ; worst men are knowne To faine a woe i●… they have none : Envie , accustomed to wrong His guiltlesse life , imployes her tongue , Now a loud Trumpet of his ●…ame , And weeps , if not for grief , for shame , Enforc't to give her selfe the lie : O! Power of Truth , O! victory , By which more honour is obtain'd , Then is in greatest triumphs gain ▪ d. Archibaldus Duglassius Angusius . OLim saeva truci dente calumnia Clam vanas ad opes fraude viam struens Mussabat , posito aut palam pudore Jactabat caput in me●…m : ( O si non nimium credita ! ) Crimina , Foeda atrociaque infandaque crimina , Aut Diro Lepedo , aut fero Cethegi Patrandum genio nefas . Quos caecis stimulis ambitio impotens , Aut aestu rabies fervida pectoris , Auri aut sacra mali fames in omne , Egit praecipites scelus . Moliri in patriam incendia , spicula In patrem patriae , sanctaque numina Regum alti solio Jovae locata Celsis pellere sedibus : Regni praesidium , spem , decus exsterae Genti ludibrium tradere , civium Vota , & pontificis ( nefas ) tyranni , Romae degeneris metum . O linguae improbitas , callida nectere Fraudes , insidias , exitium bonis : Regum aures animosque suspicaces , Ficto ludere crimine . Haec cuncti cumulum flagitii manus Patrare ? haec facinus mens coquere impium ! Haec coctum potuit probare ? pectus Hoc conscire nefas sibi . At me qui sapiens intima sensuum Scrutaris Deus ( & quisquis erat mihi Arcani penito sinu reposti Testis ) crimine liberas . Vitae perpetuus compositae tenor , Mens legum patiens , imperii jugum Justi legitimum subire mitis ; Cunctis cedere lenitas : Non claros atavos stemmate regio , Regnatasque atavis penè provincias Et belli decora , & feri triumphis Partam Martis adoream : Non longo titulos ordine turgidos , Arces pennigeris turribus arduas , Non turbam numerans gravem clientum , aut Latis praedia finibus . Nudi simplicitas candida pectoris Et semper similis cana fides sui , Fraudes impietas licet , dolosque Laudans clam sibi rideat . Sincerae rigidè justitiae tenax Dextra , a flagitio libera , sanguinis Expers innocui , doli rapinae , Solis noxia furibus . Archbald Douglas Earle of Angus . BLack slander erst her ends to gaine , Employ'd her Art to wound my name Low whispers were her secret traine , Her open force lies void of shame . O! that they had lesse credit found , As from the thought my heart was free ; Lepidus nor Cethegus own'd Such mischiefs as were charg'd on me : Whom love of vengeance set on fire , Or blinde ambition overswaid , Or hope of riches or desire Of pleasure , t' every vice betraid , As if my soul such plots had knowne As would a publicke ruine bring By justling from his sacred Throne My Countreyes father , a●…d my King. And so to forraigne scorne expose The Kingdomes glory , shield and hope ; The peoples joy and dayly vowes , The scourge and terrour of the Pope . Thus wicked tongues with cunning Art Weave nets , the innocent to catch , And to the jealous eare impart Fain'd treasons , which their fanciesatch . So base a villanie to act Was it , for such a hand as mine , Or could my breast contrive the fact , Or conscious be of the black sinne . But I appeale my God to thee , Who know'st my heart , and to those friends Who were most intimate with me , How much I loath'd unworthy ends . The constant tenour of my life , Was calme obedience to the will Of rightfull power : detesting strife I shunn'd ( more then resisted ) ill . Though my descent from Kings I drew , And in my Grandsiers well might see A Princely power , none ever knew A bragging vanitie in me . No emptie titles fill'd my minde With hatefull pride ; nor stately tops Of Towr's , large fields , nor troups of kinde And humble followers , swell'd my hopes . An equall vertue led my way , A spotlesse truth adorn'd my heart , Let wicked falsehood boast and say ; Loe what I compast by my Art. By me sincere strict Justice dwelt , From guiltlesse bloud my hand was free , No wrong my harmlesse neighbour felt , Onely theeves punisht were by mee . Ad Archibaldum tertium , cum post primum exilium reversus , ultra Speiam Elginii in Moravia relegatus esset . NUper fortunae varias experte procellas Angusie , & velis aequora iniqua tuis : Nuper in immenso pelagi jactate profundo : Obruteque insanis pene voraginibus : Nunc quoque nescio quos iterum subiture labores , Quicquid id est sorti pectore perfer onus . Discute tristitiae nebulas ; frontemque serena : Anxietas animo sit procul atra tuo : Pelle graves curas , proper antem & parce sever●… Sponte suâ fati praecipitare diem : Degeneres animos flatus levis aura sinistri De●…icit , aeternis in tenebrisque premit : At mala cum pungunt , tuleris si fortiter illa : Materiesque tibi causaque laudis erunt . Scilic et ille viros dignus numerarier inter : Hunc sequitur firmo gloria celsa pede : Cui dejecit mutatum nubila vultum , Blanda nec in fastus sustulit aura leves : Qui solidum vitae servans , certumque tenorem , Robore fortunam vicit utramque pari . Ut fremat hinc Boreas , illinc ruat Eurus & auster , Et quatiat timidam fluctibus unda ratem : Illa tamen medios inter secura tumultus Aetheris ; & rapidi vimque minasque freti , Saepe tenet cursum optatum , portuque potita Despicit irati murmura rauca maris . Hinc cape non obscura tuae exemplaria vitae Dura : nec rebus cedere disce malis . Magnis te quoque junge viris : quid passus Ulysses ? Exul in ignoto nudus inopsque solo . Quid cui Roma suae tulit incunabula gentis ? Queis sua in Adriaco Troia renata mari ? At quid ego haec antiqua ? quid & peregrina recordor ? Ditior exemplis stat patria alta suis : Stat genus ordine longo : atavos age , respice , avosque , Quot sunt Duglasiae nomina magne domus : Quot bello insignesque duces ; & fortibus armis Heroes ; saecli gloria quisque sui . Quem non nobilitat virtus afflicta ? polo quem Non aequat ? numera : vix reor , unus erit . Omnis turba salo fortunae exercita , & omnes Passa vices , versae ludibriumque rotae : Quas pax infida insidias , discrimina bellum Quaeque habet exilii taedia , longa dies : Nec nisi post exantlatos , venere , labores , Otia ; nec nisi post dura pericla quies . Te quoque defunctum , confide , laboribus olim Laetior excipiet , candidiorque dies . Securusque inter dulces memorabis amicos , Tu quoque fortunae tristitia factatuae . Tristia nunc : sed quae tunc & meminisse juvabit : Agnosse & decoris prima elementa tui : Hac itum : hac quicunque alta affectabit , eundum est : Hâc te sublimi , gloria celsa , via Sistet avos supra , atque atavos , accingere : O te Quo sors ! quo virtus ! quo Deus ipse vocat ! Fallor ? an heroas supra priscosque futurosque Tollere te tanta sydera mole parant Virtuti labor est comes : ire per ardua rerum Gaudet & invicto fata superba gradu . Aude ingens , jam nunc superi ad templa ardui Olympi Carpere , qua pronum semita monstrat iter : Aude , inquam , nec tu surgentia nubila ventis Aethera terram , undas tartarave ipsa time . Tantum , quem venerare Deum pius , igneus insta Sollicitans ; cursus diriget ille tuos . Ille gubernaclo succedet rector & ille Inveniet facilem per vada salsa viam Anfractusque vagos per , & avia , & invia vitae , Et brevia , & syrtes saxaque caeca ratem Securam in placida sistet statione : perenne Ut teneas celsi flammea templa poli . To Archbald the third , when after his returne from his first banishment , he was confined to Elgine of Murray beyond Spey . THou who but lately didst endure the smart Of roughest stormes , and with a Pilots art Hast scap'd the many dangers of the seas , O Angus ! now in place of wished ease New troubles come : I know not by what fate : Keep your great spirit firme in every state . Shake off sad thoughts , and let your looks appear Chearfull , without the darkning clouds of fear . Deep cares expell , let not impatience haste Those ills , which of themselves approach too fast . Poor worthlesse soules are prest below the weight Of light afflictions ; to a noble height In crosse affaires doe thou thy courage raise : By this thou maist obtaine deserved praise . He merits honour , and may justly be Esteem'd a man , whom no adversitie Dejects , nor prosperous successe swels with pride ; But by a constant temper doth abide Still like himselfe , and with an equall minde Both fortunes beares . Let every boistrous winde And threatning wave oppose his labouring oare , He steeres his course , and seekes the wished shoare , Slighting the angry waters chiding noise . Let these ( like hard ) examples prompt your choice : Learne to meet ills , till you with all compare For fortitude admir'd : Ulysses bare Worse harmes then yours ; a stranger , poore , alone , Uncloath'd , an Exile , wandring and unknowne . Aeneas and Antenor suffered long Ere Rome was built , or Venice : but I wrong Our owne , to dwell on strangers , since there be More store at home : marke the whole Progenie Of Douglasses your fathers , how they are Fam'd for their gallant acts in peace and warre : Each worthy was the glory of his time : None without vertue can to honour climbe . Looke on all ages , you shall hardly see One rais'd by fortune , but through miserie . Who live at ease , and least disturbance feele , Soone beare the mock'ry of her rowling wheele . How many traines hath peace ? What discords warre ? What troubles exile ? Yet no pleasures are O 〈◊〉 but after toile ; nor have we rest Till 〈◊〉 and difficulties are past . So thou , when this is past , hereafter may Injoy at home a calme and pleasing day : And to your dear friends chearfully relate The sad effects of Fortunes sullen hate : Sad now , but pleasant to remember , when Your prentisage hath brought a noble gaine . This is the way : would you a great name win ? Then tread the steps your Grandsires travell'd in . Where Vertue , Fortune , where your God doth call , Follow : my thoughts deceive me , or you shall Excell those Worthies who alreadie are , Or will be famous : so the starres prepare Your youth . Faire vertue never dwells alone , Hard labour is her neare companion : Un-easie taskes she loves , and joyes to beat The roughest wayes , and triumph over fate . Be bold and onward , take your mounting flight , Till you have reacht a true Olympian height . Be bold , I say , and let no furious winde , ( Though earth and hell should mix ) shake your brave minde . Onely with God , whom you must still adore , You may be instant , and his aid implore : Let him direct your course , and he will be Your Pilot through the waves of misery , Steering your barke by every Rocke and Shelfe : Each strait and wheeling Poole His sacred Selfe Will guide the Oare , first to a place of rest On earth , then after death thou shalt be bl●…st . ●…aults escaped in some copies . IN the Preface , page 6. line 18. for Long Willie , reade Longe-ville , p. 11. l. 2. for unum , r. unam . l. 15. for 〈◊〉 , r , Duglasiis . In the Booke , p. 14. l. 21. for wanted , r. was . p. 25. l. 11. supply sonne . p. 34. l. 36. supply lessened . p. 43 l. 1. sup . long . p. 52. l. 43. for in furious , r. injurious . p. 64. l. 1. for people . r. pope . p. 70. 72. 74. 76. 78. in the titles , for Galloway , r. Liddesdale . p. 76. l. 17. for rather , brother , r. father-brother . p. 80. l. 13. for Douglas , r. Angus . p. 85. l. 8. sup . Prince . p. 102. l. 37. for words , r. wounds . p 107. l. 42. for making , r. marrying . p. 131. l. 38 sup . not p. 145. l. 7. for thing , r. though . p. 148. l. 30. r. therefore ●…ow on . p. 154. l. 34. for extracted , r. execrated . p. 168. l. 31. for life , r. Fife . p. 171. l. 44. r. the prisoners goods were exchanged . p. 177. l. 18. for moved , r. composed . p. 179. l. 34. for new , r. shew . p. 233. l. 30. sup . not . p. 244. l. 〈◊〉 sup . not . p. 277. l. 3. sup . honos . p. 278. l. 10. for mother , r. brother . p. 335. l. 32. sup . out of . FINIS Notes, typically marginal, from the original text Notes for div A45112-e1690 Their Antiquitie and Originall . 2 Of their Nobility . 1. Of Vertue . 2. Of Degrees . 3. Of Offices and imployment . 4. Of bloud . 5. Of Fame . 3. Greatnesse . 4. Their 〈◊〉 lour . Notes for div A45112-e5150 Liv. lib. 7. d●… lacu Curtio . Livius . B●…et . lib. 10. pag. 195. Holl. p. 164. Scot. Chr●… . Anno 787. 1316. King Robert Bruce in Ireland . The whi●… 〈◊〉 . The battell of Billand . 〈◊〉 . The Douglas Emrauld Charter . Douglas sent into France to Balliol . 1327 Douglas at Stanhop park ▪ Peace with England . King ●…ruce , 〈◊〉 1329 His marriage . He is made Lord of Galloway . His sonnes . 1332. Battell at Duplin . Balliol Crowned at Scone . Douglas 〈◊〉 Balliol at Annand , the 25. of December , 133●… . Warre proclaimed . Berwick 〈◊〉 sieged by K. Edward the third . Occasion of the battell at Halidoun hil●… . Sonne naturall to Sir James . Her marriage One childe 〈◊〉 . 1335 Convention ▪ at Perth , 2. April . 1335. Cummin overthrown at Kilblane , and slain . 1337. A battell at Blackburne . John Stirline defeated by Liddesdale . He takes the Castle of Hermitage . Hee fighteth five times with Lawrence in one day , and 〈◊〉 him . He is sent Ambassadour into France . Perth besieged by Robert Stuart . Recovereth Cowper . Perth taken . Stirline taken The originall of Innerleith . Occ●…sion of taking the Castle of Edinburgh . The Castle taken , hee makes Archbald Douglas his brother Keeper . Alexander Ramsay taken by Liddisdale , and starved in the Hermitage . 1346. He is banished and restored again . The battell of Durham . King David taken . Liddesdale taken also . 1353 He is slaine by the Earle of Douglas . His marriage , wives , and children . Hee is taken prisoner at Durham . Ransomed . He killes Liddesdale . And obtains his whole estate . Conflict at Nisbet-moor . He takes Berwick . 1355. R●…gained by the English , Douglas at the battell of Poictiers . 1363 A Parliament The union of the Kingdomes sought . Sir Thomas Musgrave tak●…n by Douglas . The originall of the house of Glammes . 1384. Earle Douglas ●…ath . His wife and children . The Originall , of the houses of Drumlanrig , and 〈◊〉 . He goeth into France . He taketh Berwick . 15000. horsemen . Occasion of the battell of Otterburn . A combat betwixt Percie and Douglas . The battell of Otterburn . Douglas slain . Buried at Melrosse . He taketh and razeth the Castle of Lochmabane . His death . He found the Hospitall of Holywood . He is called the blacke Douglas . He marries the Kings daughter Egidia . His daughter married to the 〈◊〉 of Orkney . 〈◊〉 〈◊〉 into Ireland . He takes and burnes Calinfoord . He returnes out of Ireland He is made Admirall . He is murthered by the Lord Clifford . His marriage . His children . He refused to be Duke . His daughter Marjory contracted to Prince David . 1400. Their marriage . His death . He founded the Colledge o●… Bothwell . His children . Or Tine man. Edinburgh Castle 〈◊〉 by Douglas against King Henry the fourth . Occasion of the battell of H●…mildon , n●…ere Milfi●…ld The bat●…ll lost , and Douglas taken . Occ●…sion of the 〈◊〉 of Shrewsbury . Wal●… . Douglas taken 1406. He is set free . He burnes Penmoore . The foule road . His sonne Wigton and Buchan in France . The Duke of Clarence wounded by Sir John Swinton . Clarence slain by Buchan . Pasche Eve. The Earle Douglas goes into France . 〈◊〉 D. of Turraine The occasion of the battell of Vernoill . A battell at Vernoil : Douglas slain . The Scottish guard 〈◊〉 in France . He is sent Ambassadour into England . Brings home the King. Variance betwixt the Governours . His death . Notes for div A45112-e43780 838. 1389. His wife King 〈◊〉 the third his daughter . First Laird of Fintrie . Warden of the middle marches . 1436. The battel at Piperdean . 1436. He overthrevv 〈◊〉 . Sir Gilbert 〈◊〉 of Elph●…nston 〈◊〉 . Dieth 1452. Sibard his wife . Originall of the house of Balgonie , Sibard . Buch. lib. 7. 〈◊〉 Sibaulds . Sibaulds . His children . The originall of the house of Bonjedward . His person . He followeth the King against the Earle Douglas his Chief . 1457. He overthrowes the Earle Douglas & Percie in a bloudie battel in the Merse . Bond of Manreid and service by the Lord Hamilton to him . Indenture betwixt King Henry the sixth and him . 1460. He brings the French out of Anwick Castle . His death . 1462. 1468. His marriage . 1470. His children foure sonnes . Glenbarvies ' originall . Kilspindies originall . Three daughters . Base sonnes , Parkheads originall . He takes order with Cochran and the Courtiers . The rel●…tion thereof . 1474. 〈◊〉 a Mason . Rog●…rs a Singer . The King with his Army at Lawder . The Nobility meet in the Church . Angus makes this speech . The Lord Gray his speech . Angus called Bell the Cat. Cocbran and his fellowes hanged . The Army dismissed the King comes to Edinburgh . Plot against the King. The K. sonne head of the faction of the Nobles against his father . Battell at Bannockbu●…ne . The K. slain ▪ 1488. Five English Ships taken by Andrew Wood. A Parliament at Edinburgh 6. November 1488. Chambe●…lain . Lord Hume Angus Chancellour . Warre with England , and the occasion of the Field of Flowdon . Angus his speech to the King to disswade him from fighting . The field of Flowdon , 1●…13 . Sept. 15. Angus death . 1514. A duel betwixt Angus and Spense . 1489. Cannabbie , 1491. 1510. He marries Q. Margaret . The Queen lo●…th her Regencie by her marriage . Convention about choosing of a Governour . The Duke of Albanie made Governour . Prior 〈◊〉 undermines the Lord Hume . Lady Margaret Douglas born at Harbottle in England . A●…t . Darsius or De la Beau●…e slain 1517. Dissention betwixt Arran and Angus . 1520. Skirmish in Edinburgh betwixt them . 1520. 1521. Angus goeth into France . 1522. 1523. Albanies government abrogated . The Earle of Angus returns out of France . The Triumvirate of Angus , Argyle , and Lennox . The Triumvirate dissolved . The slaughter of Patrick Blackader , Archdeacon of Dumblane . A faction against Angus . Con●…ct betwixt Angus and 〈◊〉 at the bridge of Melrosse . 1526. Arran joynes with Angus , and Le●… makes up a faction against them . Conflict at Linlithgow . ▪ Lennox and Hamilton . Lennox slain . The beginning of a change with Angus , and his discourting . The King escapes to 〈◊〉 Castle . Angus and the Douglasses 〈◊〉 〈◊〉 the Court. Parliament at Edinburgh the 6. of Sept. 1528. The Douglasses are forfeited . Tantallon besieged . Argyles expedition against them frustrated . Angus returneth to England . He and Sir George Privie Counsellours there . William . Glames bu●…nt . Kilspindie dieth in France . 〈◊〉 . Hirsel lands given to A. Ker. Fawla . Solemne Mosse . K. James the 〈◊〉 die●…h . 1542. Hamilton Governour . Sir Georg●… Dougla●… hi●… speech concerning marrying with England . Lennox comes home out of France . Angus and Sir George 〈◊〉 prisoner●… . They are 〈◊〉 again . Lennox goes to England ▪ Marries Lady Margaret Douglas . The Governour and Angus at Coldinghame . Sir Ra●… Ivers , and Sir Bria●… Laitons expedition . Angus speech to the Governour . Occasion of Pinkie field . Defeature a●… Pinkie . Queen 〈◊〉 sent into France . Queen-Mother Governour . The devill is in this greedy Glad she will never be full . Angus dyes . His lurking and being a Greeve . He is a prisoner in England . Returnes . Lives retired and privately at home . He comes abroad , and begins to deal in publick affairs . The Queen-Mother dieth . Morton Ambassadour in England . Queen Mary arrives in Scotland . Friendship betwixt Morton and Murray . Their ruine plotted . The Queen goeth to the North , they accompany her . The Queen at Innernesse . 〈◊〉 Gordon beheaded . She goes to Aberdene . The battel at Corrighie , 1562. Lennox and Henry Lord Darnely come ho●…e . Proposition of mar●…iage with the Queen . They mar●…y the 27. of July 1565. The Runne-about Rode. Morton Chancellour . Rizio . Rizio his de●… plotted by the King. Rizio killed . 1566. Martii 8. Morton flees to England . The Lord Ruthven dies there . Bothwell the Queens favourite . Morton returnes . King James borne . 1566. 19. June . The King murdered by Bothwell . The Nobilitie bands against Bothwell . The Queen and Bothwel at Borthwick 〈◊〉 hill . The 〈◊〉 of Carburie hill . 1567. June the 5. King James crowned . 1567. July 26. Murray Regent . Earle Bothwel a Pirate . Is pursued . Flees to Denmark . Dies mad there . The Queen escapes out of Legh-leven . 1568. May 2. The field of Langside the 10. of May. 1568. Langsidelord . May 13. 156●… . The Roade of Hoddam . The Regent goes to England . 1569. A Convention at Perth . Convention at Stirlin . The Earle of Northumberland taken , and sent to Logh-lev●…n . The Regent Murray shot at Lithgow . Convention at Edinburgh , 1. May. 1570. July 13. Lennox Regent . Morton goes to Brechin . The Regent also goes thither . The Garrison yeelds . Morton sent into England ▪ He returnes and comes to Stirlin the 1. of May , 1571. The Lousie-Law . Parliament the 14. of May 1571. without the Gates of Edinburgh . A fight at Craig-Miller the 2. of June 1571. Morton at Leith . Conflict with the Lords of the Queens Faction . The 10. of June . At the Gallow-Law . Parliament in Stirlin , the 4. of August . Contention about Bishops . An attempt upon Stirlin , and the Lord●… there . 〈◊〉 the Regent killed . Buried . 1571. Marre Regent 9. Septemb. Those of Edinburgh set fire in Dalkeith . A truce in August 1572. Marre the Regent dieth the 28. of October . Morton Regent the 24 of Novem. 1572. The Queens partie within the castle of Edinburgh . The Castle blocked up . Parliament at Edinburgh , the 26. of Jan. Siege of the Castle of Edinburgh . 1573. 20. April . The castle rendered the 29. of May. ●…range exe●…ed . Parliament Jan. 26. 1572. Acts concerning Religion . Generall Assembly in Edinburgh . 1573. The P●…ed Swire . M●…ton dimits his Regencie . The Lord Glames slain at Stirlin . Morton President of the Councell . Parliament in Stirlin Castle the 25. of July 1578. Duellbetwixt Tait and Johnston . Athole dies at Stirlin . The King comes to Edinburgh and makes his 〈◊〉 the 17. of October . The beginning of Mortons fall . Obignie comes home in September . 1579. Controversie betwixt the Lord Ruthven and Olyphant . Morton aceused of the K. murther . Imprisoned in the Castle . Morton is sent to Dumbarton . He is brought back to Edinburgh the 27. of May : And there condemned of treason . † It would be knowne what was in these Letters . His confession before his death . Morton brought to the Scaffold . His death . His educatio●… . He fleeth into England . Change in Court. 1582 ▪ Justice Aircs in Perth in July . The roade of Ruthven 1582 August 24. Angus returneth home . He joins with the Lords against the Courtiers . 1583. L●…nox dies in France . Gowrie takes a remission for the fact at Ruthven . A●…an returns to Court. Angus consined beyond Forth . He is sent beyond Spaye . He goeth to Elgin in Murray . Discord betwixt the Ministers and Courtiers . Melvin flees to Berwick . His Apology Gowrie commanded to go beyond sea . Lodowick Duke of Lennox brought home . † Master David Hume . G●… taken at Dundi●… . An●…us comes 〈◊〉 Stirling to 〈◊〉 Lords . The Lords Declaration . The Lords flee from Stirling toward England . Archbald Douglas hanged . Argatie executed . Gowrie bcheaded at Stirlin . 1584. the 28. of April . His Lady basely and beastly used . Parliament at Edinburgh the 22. of May 1584. The Lords forfeited . Prot●…station against she Acts of Parliament by the Ministers . A●…n mocks the Ministers . Maines and Drummewhasle executed . Angus at Newcastle . Angus his kindnesse and bountie . Master John Colvill sent to the Cou●…t of England , A letter from London to Angus from the Authour . 〈◊〉 〈◊〉 the 〈◊〉 to 〈◊〉 . The Lords brought to London . Mo●…ing against Arran . Sir Lewis Ballandine Ambassadour in England . Sir Francis Russell killed . The Scots sue for a Scottish Church at London , but cannot obtain it . The Lords came to the Borders . They come ●…o Fawkirk the 1. of November 1585. Their Declaration . The Road of 〈◊〉 . M James Halden slain . Stirlin taken by the Lords . They come into the King●… presence . Gl●…mes Treasurer . A letter written to the Authour , concerning the State of those times . Presented t●… Angus . Discourse concerning Mr. Craigs Sermon . Of Obedience to Tyrants , and Impunitie of Tyrants . Bo●…inus his absurdity . Apol. cap. 34. Of Blackwoods opinion . Of Active and Passive Obedience . Angus answereth . The Chancellours place offered ●…o Angus . He rejects it ▪ Met●… made Chancellour . Angus Lieutenant on the Borders ▪ The road at the Tarrasse Mosse . Looke for the translation of these verses in the following page . The translation of the verses in the page foregoing . 
B05292	----	Act and intimation anent this current Parliament. At Edinburgh the fifteen day of November, 1698 years. Scotland. Privy Council. 1698 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05292 Wing S1389 ESTC R182965 52528892 ocm 52528892 178912 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05292) Transcribed from: (Early English Books Online ; image set 178912) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:51) Act and intimation anent this current Parliament. At Edinburgh the fifteen day of November, 1698 years. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : Anno Dom 1698. Caption title. Signed: Gilb. Eliot, Clericus Secreti Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT And Intimation anent this Current Parliament . At Edinburgh the fifteen day of November , 1698 Years . THe Lords of His Majesties Privy Council , Considering that His Majesty by the last Act of this last Session of this Current Parliament had Adjourned the same to this fifteenth day of November instant : And that His Majestie being now Abroad furth of His Kingdoms , hath not as yet signified His Pleasure , either by sending a Commissioner for holding thereof at the said day , nor His Royal Order for Adjourning the same to a further day ; And seing both by the nature of the High Court of Parliament , and by express Acts of Parliament , Parliaments are Current without the necessity of a special Continuation , until they be Dissolved by His Majesties particular Warrand , whose sole Prerogative it is to Dissolve al 's well as to Call , Hold , and Prorogue the same . Therefore , the saids Lords of His Majesties Privy Council in expectation of His Majesties express Orders ; And to prevent the unnecessary trouble of the Members , and other Good Subjects who may be Concerned to repair to the Meeting of Parliament , have thought fit to Ordain Intimation to be made , that all Members of Parliament be ready to meet and attend in this present Current Parliament , so soon as His Majesties Will and Pleasure shall be signified to them for that effect ; And that none may pretend Ignorance : Ordains these Presents to be Printed , and to be Published at the Mercat-Cross of Edinburgh by the Lyon King at Arms , and his Brethren Heraulds and Pursevants , and at the Mercat-Crosses of the Head-Burghs of the several Shires within this Kingdom by Macers or Messengers at Armes . Extracted by me GILB . ELIOT , Clericus Secreti Concilii . GOD Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the King 's most Excellent Majesty , Anno DOM. 1698. 
B05293	----	Act and intimation anent this current Parliament 14 March, 1699. Scotland. Privy Council. 1700 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05293 Wing S1390 ESTC R226082 52528893 ocm 52528893 178913 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05293) Transcribed from: (Early English Books Online ; image set 178913) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:52) Act and intimation anent this current Parliament 14 March, 1699. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majestie, Edinburgh : Anno Dom. 1699 [i.e. 1700] Caption title. Royal arms at head of text. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT And INTIMATION anent this current Parliament 14 March , 1699. THe Lords of His Majesties Privy Council considering , that His Majestie by His Proclamation , of the date the Twentieth of December last by past , hath Adjourned this current Parliament to this day , being the fourteenth day of March one Thousand six Hundred ninety nine years ; and that His Majestie hath not as yet signified His Pleasure , either by sending a Commissioner for Holding thereof at this Day , nor his Royal Order for Adjourning the same to a further Day ; And seing both by the nature of the High Court of Parliament , and by express Acts of Parliament , Parliaments are current , without the necessity of a special continuation , until they be Dissolved by his Majesties particular Warrand , whose sole Prorogative it is to Dissolve , as well as to Call , Hold , and Prorogue the same : Therefore the saids Lords of His Majesties Privy Council , in expectation of His Majesties express Orders , and to prevent the unnecessary trouble of the Members , and other good Subjects , who may be concerned to repair to the Meeting of Parliament , have thought fit to ordain Intimation to be made , that all Members of Parliament be ready to Meet , and Attend in this present current Parliament , so soon as His Majesties Will and Pleasure shall be signified to them for that Effect : and that none may pretend Ignorance , Ordains these Presents to be Printed , and Published at the Mercat-Cross of Edinburgh , by the Lyon King at Arms and his Brethren , Heraulds , and Pursevants , and at the Mercat-crosses of the Head-Burghs of the several Shires within this Kingdom , by Macers , or Messengers at Arms. Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the Kings Most Excellent Majestie , Anno DOM. 1699. 
B05294	----	Act anent deficients of the levy, one thousand, six hundred and ninety five. Edinburgh, 5th January, 1697. Scotland. Privy Council. 1697 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05294 Wing S1392 ESTC R182966 52528894 ocm 52528894 178914 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05294) Transcribed from: (Early English Books Online ; image set 178914) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:53) Act anent deficients of the levy, one thousand, six hundred and ninety five. Edinburgh, 5th January, 1697. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : Anno Dom. 1697. Caption title. Initial letter. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting and enlistment -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT Anent Deficients of the Levy , one Thousand , six Hundred and Ninety five . Edinburgh , 5th January , 1697. THe Lords of His Majesties Privy Council considering , That several of the Shires within this Kingdom have not furnished their Proportions of the Levy appointed by the Act of Parliament one thousand six hundred and ninety five ; Have therefore appointed , and do hereby order and appoint the Sheriff of the Shires deficient as said is , and as they shall be advertised by Sir Patrick Hume His Majesties Solicitor , by transmitting to them an Extract of this Act , with the particular Number of their deficient Men thereto subjoyned , to conveen the Commissioners of Supplie within the same ; and signify to them , that it is their Lordships perremptory Command , that they take an effectual Course , for Furnishing and putting out their respective Numbers of Men wanting , with all Diligence : And that tho it may happen , that in some of these Shires , different Methods have been taken from these prescribed by the said Act of Parliament ; yet they must still make good their Number : And if in the method of the said Act. Lots have been drawn for persons out of the Kingdom , which ought not to have been done , these liable in the respective Shires where the same was done , must supplie them , if not returned : And the saids Commissioners are to deliver their Deficient Men to the Officers appointed , to receive them at the Head-Burgh of their Shire upon the respective days following , viz. For the Shires on this side of Tay , the twenty fifth of January instant , and for the Shires be north Tay , the tenth day of February thereafter . And farder , The said Sheriff and Commissioners are to certify such as are liable to put out the said deficient Men within their Bounds , that if they failzie to do the same , the Lords of Council will decern them to pay the Sum of two hundred Merks for each Man deficient to the saids Officers that should have received them ; and that Letters upon a simple Charge of six days , at the instance of His Majesties Solicitor , shall be direct against them for that effect . And the Sheriffs and Commissioners of Supply , in all Shires are hereby appointed to inquire diligently anent all Deserters , and whether any of the Men put forth by them be returned , and reset within their Bounds ; and for encouragement of such as shall apprehend these Deserters , to be brought up with the said Deficients , at the foresaid Day and Place ; The Sheriffs are to give advertisement , that the Officers will be careful to pay them Liberally . As likewise they are to certify on the other hand , that all guilty of Reset , shall be prosecute for the paying of the hundred pounds , and other pains contained in the Proclamation of Council against Resetters , of the date the fourth of April , one thousand six hundred ninety four with all Rigour . And the Lords of His Majesties Privy Council , do hereby Require and Command the foresaids Sheriffs to give an particular and exact Account of their Diligence in the Premisses to the Clerks of Council , betwixt and the twenty fifth day of February next to come , that further course may be taken therein , as their Lordships shall judge needful for His Majesties Service ; Certifying the saids Sheriffs , that if they failzie in the Premisses , either as to due Returns , or exact Diligence , they shall be Called and Conveened before the Privy Council , to be punished according to their Demerit . And ordains these presents to be Printed , and to be transmitted bhe Solicitor to the several shires . Extracted by me GILB . ELIOT Cls. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His most excellent Majesty , Anno DOM. 1697. 
B05299	----	Act, anent the deficients in the last levy. Edinburgh, the thirteenth day of December, 1694. Scotland. Privy Council. 1694 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05299 Wing S1395 ESTC R226045 52528896 ocm 52528896 178916 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05299) Transcribed from: (Early English Books Online ; image set 178916) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:55) Act, anent the deficients in the last levy. Edinburgh, the thirteenth day of December, 1694. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1694. Caption title. Royal arms at head of text; initial letter. Signed: Gilb: Eliot, Cls. Sti. Concilli. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting and enlistment -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT , Anent the Deficients in the last Levy . EDINBVRGH , the thirteenth Day of December , 1694. THE Lords of Their Majesties Privy Council , Do hereby Ordain Their Majesties Sollicitor , to transmit to the Sheriffs of the Shires and Stewarts of the Stewartries within this Kingdom , or their Deputs or Clerks , such Lists of the D●ficients of the New Levy , as have come to his hands ; and where no Lists shall be sent by the Sollicitor , Ordains the saids Sheriffs , and Stewarts and their Deputs , and Clerks of Supply , to make up full and exact Lists of the saids Deficients , and to transmit Doubles thereof to their Majesties Sollicitor , within fifteen Days , after this Act shall come to their hands ; And also Ordains the respective Sheriffs , Stewarts of Stewartries , and Bailies of Bailiaries within this Kingdom , and their Deputes , within the said space of fifteen days after this Act comes to their hands , to exact and uplift from the persons lyable in putting out any Men of the New Levy ; and who have not put out these Men before the first day of November last , the Penalty of two hundred Merks , wherein every such person is lyable , conform to the Proclamations and Instructions thereanent . And the saids Lords Do hereby Authorize and Warrand the said Sheriffs , Stewarts , Baillies of Bailliaries and their Deputs , either to call a Party of their Majesties Forces , from any Commander within the Shire , Stewartrie , or Bailliary : And Ordains the saids Commanders to furnish Parties to them , for poynding of the persons Failȝiers and Deficient , as said is , before the said first day of November last , or otherwise to make use of their own Officers , for that end , and Declares that the persons Deficient , as said is , are to be poinded in manner prescribed by the Act of Parliament One thousand six hundred and sixty nine , anent the Militia , and the expense of the poynding is to be exacted from them accordingly . And the saids Lords Do hereby Ordain the saids Sheriffs , Stewarts and Baillies , and their Deputs , to pay , or cause pay in the Penalties to be exacted and uplifed by them , to the Collector of Supply within the Shire , and Ordains the Collector to transmit the one halfe of these Penalties to the General Receiver of their Majesties Crown Rents , to be applyed towards the perfecting the Geographical Mapps of this Kingdom , and the other half to be disposed of by the Commissioners of the Shire , for the publick Uses within the same , ( the said Collector retaining always the twentieth penny for his pains ) with Certification to the said Sheriffs , Stewarts , Baillies and their Deputs and Clerks , and Collectors of Supply respective who shall failȝie , in discharge of any part of their Duty specified in this Act , that they shall be lyable for the Penalties of these Deficients whom they should have Listed , and Poynded , and whose Penalties they should have Collected , and transmitted as above appointed ; And that Letters of Horning shall be direct , for charging them for payment thereof simpliciter . And Ordains these Presents to be Printed , and appoints their Majesties Sollicitor to send Printed Copies of the same , to the Sheriffs , Stewarts , Baillies , or their Deputs , or Clerks , with all convenient diligence . Extracted by me GILB : ELIOT , Cls. Sti. Concilii . GOD Save King VVilliam and Queen Mary . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to Their most Excellent Majesties , Anno DOM. 1694. 
B05305	----	Act, appointing the officers of his Majesties forces to attend their respective commands. At Edinburgh, the 30 day of July 1689. Scotland. Privy Council. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05305 Wing S1404 ESTC R182980 52615046 ocm 52615046 176154 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05305) Transcribed from: (Early English Books Online ; image set 176154) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2762:21) Act, appointing the officers of his Majesties forces to attend their respective commands. At Edinburgh, the 30 day of July 1689. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of Privy Council, Edinburgh, : 1689. Caption title. Initial letter. Text in black letter. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT , Appointing the Officers of His Majesties Forces to attend their respective Commands . At Edinburgh , the 30 day of July 1689. THe Lord high Commissioner , and Lords of His Majesties Privy Council , Considering how much it Importeth the Peace and Interest of the Nation , as well as the necessary Defence thereof in this present Juncture , That all the Officers of the Standing Forces , Horse , Foot and Dragoons , attend their Respective Stations , for Ordering and Exercising the Troops of His Majesties Forces , under their Command , and to have them in readiness , to Prosecute and follow forth such Orders , as they may receive from time to time from the Lords of Privy Council , or the Commanding Officer of His Majesties Forces for the time ; Do therefore in His Majesties Name and Authority , strictly Require and Command , all Officers of the Standing Forces , Horse , Foot and Dragoons , upon this side of the River of Tay , who were not at the Ingagement with Major-General Mackay , within twenty four houres , to repair to the places where the Soldiers , under their Command lyes , under the pain of losing their Respective Offices , ipso facto , and being further Censured by a Council of mar , and to March them from thence towards Striviling , and to continue and give punctual attendance at their saids Commands , and not to depart therefrom , without a special Order from His Majesties high Commissioner , the Lords of Privy Council , or their Superior Officers , under the pain foresaid : And sicklike , The Lord high Commissioner , and Lords of His Majesties Privy Council , Considering , That many Officers and Soldiers , that have been at the late Ingagement above-mentioned , are scattered and dispersed in divers places of the Countrey , Unlisted , or brought again under Discipline : Therefore they Require and Command , all Officers and Soldiers , who have been at the said late Ingagement , betwixt Major-General Mackay and Dundee , to repair with all speed to the Town of Edinburgh , and there to betake themselves to their saids Officers , and List and Inrol themselves in their Service , under the pain of being accounted and punished as Deserters ; And that the saids Officers , how soon they have Listed , and gathered together the persons foresaids , make Report thereof to his Majesties high Commissioner , or Lords of Privy Council , to the effect they may be furnished with Arms , and other Necessaries , for Military Service . And that none may pretend ignorance , Ordains these Presents to be Printed , and Published by Macers , at the Mercat-Cross of Edinburgh , and other places needful . Extracted by me , GILB . ELIOT , Cls. Sti. Concilii . God save King VVilliam and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of Privy Council , 1689. 
B05306	----	Edinburgh, the 16 day of June, one thousand six hundred seventy and four years. Act assuring a reward to any who shall apprehend some rebels and others. Scotland. Privy Council. 1674 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05306 Wing S1405 ESTC R182981 53981721 ocm 53981721 180348 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05306) Transcribed from: (Early English Books Online ; image set 180348) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:36) Edinburgh, the 16 day of June, one thousand six hundred seventy and four years. Act assuring a reward to any who shall apprehend some rebels and others. Scotland. Privy Council. 1 sheet ([1] p.) Printed by his Majestie's printers, Edinburgh : anno Dom. 1674. Caption title. Royal arms at head of text; initial letter. Signed at end: Tho. Hay, Cls. Sti. Concilii. Imperfect: creased with slight loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Covenanters -- Scotland -- Legal status, laws, etc. -- Early works to 1800. Scotland -- History -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion EDINBURGH , The 16. day of June , One thousand six hundred seventy and four Years . ACT Assuring a reward to any who shall apprehend some Rebels and others . FOrasmuch as the keeping of Field-Conventicles , and the intruding upon , and invading of Pulpits , are most unlawful and disorderly practices , tending to the disturbance of the Peace , and to the affront of His Majesties Authority , and notwithstanding the Laws and Acts of Parliament prohibiting the same , under high pains therein mentioned , the Ring-leaders , Promoters , and other persons guilty of the said disorders , are emboldned to commit the same , presuming that they will not be discovered and brought to trial and punishment : Therefore the Lords of His Majesties Privy Council for the encouragement of all His Majesties good Subjects to discover and apprehend all such persons as is after-mentioned , do hereby offer , declare , and give assurance , that if any person , being of His Majesties standing Forces , or of the Militia , or any other His Majesties Subjects , shall seiz upon , and apprehend any person or persons , who since His Majesties late gracious Proclamation of the 24. of March last , hath Convocated any number of persons to Field-Conventicles , or at any 〈…〉 persons thereto , or shall apprehend any Heretors or others being at Field-Conventicles , while the saids persons are present at , or coming from the same , so that the saids persons apprehended shall be brought to a trial , and shall be found guilty and convict of the said offences , that the apprehenders of such persons shall have the gift of the Fines of the saids persons given to them : And incase any person or persons be cited for the saids crimes and offences , and after certification is granted against them for their contumacy and not appearing , shall be apprehended , the apprehenders of such persons shall have the gift of their Escheats , and benefit arising from the said certifications . And whoever of the standing Forces , Militia , or others His Majesties good Subjects , shall apprehend any Minister or other person Preaching at any Field-Conventicle , or who hath Preached since the said Proclamation , or shall at any time hereafter Preach at Field-Conventicles , or any of them . And whatsoever person or persons shall apprehend and seiz upon any Outed Minister who are not licenced by the Council , or any other person not authorized nor tolerat by the Bishop of the Diocess , who since the time foresaid have invaded , or shall invade any Pulpit or Pulpits , the person or persons apprehending any of the Ministers or other persons foresaid guilty of Preaching at Field-Conventicles , or invading of Pulpits , shall for their reward have payed to them the sum of an thousand Merks : And for the persons after-named , viz. Mr , John Welsh , Mr. Gabriel Sempil , and Mr. Samuel Arnot , the apprehenders shall have the sum of 2000 Merks payed to them . And His Majesties Subjects are not only warranted to seiz upon , and apprehend the saids disorderly persons in manner foresaid ; But it further declared by the saids Lords of Council , that upon consideration of the condition of the persons who shall be apprehended according as they have been more stickling and active in the said disorders , and the pains and diligence of the apprehenders and other circumstances , they will also consider what further reward shall be given to them for their service . And ordains these presents to be Printed , that none pretend ignorance . Tho. Hay , Cl s. S ti . Concilii . EDINBURGH , Printed by His Majestie 's Printers : Anno DOM. 1674. 
B05311	----	Act discharging any person to go aboard of, or correspond with French privateers. Edinburgh, August 3, 1697. Scotland. Privy Council. 1697 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05311 Wing S1408 ESTC R182987 52528905 ocm 52528905 178923 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05311) Transcribed from: (Early English Books Online ; image set 178923) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2774:62) Act discharging any person to go aboard of, or correspond with French privateers. Edinburgh, August 3, 1697. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the King's most excellent Majesty, Edinburgh : Anno Dom. 1697. Caption title. Initial letter. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Grand Alliance, War of the, 1689-1697 -- Collaborationists -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- France -- Early works to 1800. France -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Megan Marion Sampled and proofread 2009-01 Megan Marion Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion ACT Discharging any Person to go Aboard of , or Correspond with French Privateers . Edinburgh , August 3 , 1697. THE Lords of His Majesties Privy Council being informed , that notwithstanding the Laws and Acts of Parliament against such as Correspond with His Majesties Enemies ; and particularly the Act One thousand six hundred ninety three , Intituled Act against Corresponding with France : Yet upon the occasion of French Privateers , and others His Majesties Enemies coming upon the Coasts of this Kingdom , several Persons have either been ensnared , or have presumed to go on Board of them , or otherways to Correspond with them , albeit Enemies , and in actual Hostility as said is : Therefore the saids Lords of Privy Council have discharged , and hereby discharge all and every one of His Majesties Leidges to go on Board any of the saids Privateers , or otherways to Correspond with them in any sort , or to have any manner of dealing with them , without express Licence obtained for that effect from the saids Lords of Privy Council , under the pains in the saids Acts. And the saids Lords of Privy Council do hereby Ordain , that all Sheriffs , Stewarts , Baillies and their Deputs , and other Magistrats whatsoever , be careful that these presents be duely observed , as they will be answerable : As also , that they be Printed and Published at the Mercat-Cross of Edinburgh , and other places needful . Per Actum Dominorum Secreti Concilii . GILB . ELIOT Cls. Sti. Concilii . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the King 's most Excellent Majesty , Anno DOM. 1697. 
B05454	----	A proclamation against field conventicles, and offering a reward for apprehending Iames Renwick, Alexander Shiels, and Houstoun, seditious field preachers. Scotland. Privy Council. 1687 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05454 Wing S1589 ESTC R183327 53981732 ocm 53981732 180360 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05454) Transcribed from: (Early English Books Online ; image set 180360) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:48) A proclamation against field conventicles, and offering a reward for apprehending Iames Renwick, Alexander Shiels, and Houstoun, seditious field preachers. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1687. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated at end: Given under Our Signet at Edinburgh, the eighteenth day of October, one thousand six hundred eighty seven. And of Our Reign the third year. Signed: Will. Paterson, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Renwick, James, 1662-1688. Shields, Alexander, 1660?-1700. Houston, David, -- covenanter minister. Covenanters -- Legal status, laws, etc. -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Scott Lepisto Sampled and proofread 2009-01 Scott Lepisto Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms I R 〈…〉 A PROCLAMATION , Against Field Conventicles , and offering a Revvard for apprehending Iames Renvvick , Alexander Shiels , and Houstoun , Seditious Field Preachers . JAMES by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith To Our Lovits _____ Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severaly , specially constitute , Greeting : Forasmuch as We having by Our gracious Proclamation of the Twentieth eight of June last , given so full and comprehensive a Tolleration and Indulgence to tender Consciences , that there can be no pretence left for Field Conventicles , these Readezvouzes of Rebellion , against which , by the foresaid Proclamation , We have left all Our Laws and Proclamations of Council in full force and vigour , and have thereby of new again , strictly Required and Commanded all Our Judges and Officers , Civil , Criminal and Military , to surpross the saids Field Conventicles or Seditious Assemblies in the Fields , and to punish all persons Preachers or Hearers thereat , conform to the outmost rigour of Our Laws ; Yet nevertheless , one James Renwick , a flagitious and scandalous person , ( whom We by Our Royal Proclamation of the Ninth day of December last by-past , have Declared an open , notorious and avowed Traitor , and Discharged all Our Leidges , all manner of Intercommuning with him ) Having with Alexander Sheils , and _____ Houstoun , and some others their Associats , Shaken off all fear of GOD , as well as Alledgiance to Us His Vice-gerent , Do presume to keep numerous Conventicles in the Fields , and in their Preachings disown Us and Our Authority , endeavouring to Seduce some of Our unwarry Commons , from their Duty and Allegiance to Us their native Monarch , and expresly Teaching the Doctrine of Rebellion and Resistance ; We therefore , with Advice of Our Privy Council , Do hereby Prohibit and Discharge all such Rebellious Assemblies in the Fields , and strictly Require and Command all Our Judges , and all in Authority under Us , particularly the Officers and Souldiers of Our standing Forces , to surpress the saids Rebellious Field Conventicles with all rigour , and all Our Judges and others concerned , to punish all persons present thereat , conform to the prescript of Our Laws ; Requiring hereby , and Authorizing all Our Officers , Civil or Military , and all Our other good Subjects , to apprehend and secure in Firmance the Persons of the said James Renwick , Alexander Sheils , and _____ Houstoun , wherever they can be found ; For whose incouragement in this Our Service , We with Advice foresaid , Do hereby Promise and Ensure to them , the sum of One hundred pound Sterling mony for each of the saids three persons who shall be apprehended and secured in manner foresaid , forth of Our Thesaury , as a Reward ; And to the end these Presents may be made known , Our Will is , and We Charge you strictly and Command , that incontinent these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and remanent Mercat-Crosses of the Head-Burghs of the Shires of this Kingdom , and other places needful , and there , in Our Name and Authority , by open Proclamation , make Publication of Our Royal Will and Pleasure in the Premisses , that none pretend Ignorance . Given under Our Signet at Edinburgh , the eighteenth day of October , One thousand six hundred eighty seven , And of Our Reign the third year . Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1687. 
B05457	----	A proclamation against importing of Irish cattel, or resetting thereof Scotland. Privy Council. 1698 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05457 Wing S1590 ESTC R183330 53299260 ocm 53299260 179994 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05457) Transcribed from: (Early English Books Online ; image set 179994) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:19) A proclamation against importing of Irish cattel, or resetting thereof Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([2] p.) Printed by the heirs and successors of Andrew Anderson ..., Edinburgh, : Anno Domini 1698. Caption title. Imperfect: torn, dark with slight loss of text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Animal industry -- Law and legislation -- Scotland -- Early works to 1800. Foreign trade regulation -- Scotland -- Early works to 1800. Scotland -- Foreign economic relations -- Ireland -- Early works to 1800. Ireland -- Foreign economic relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Scott Lepisto Sampled and proofread 2009-01 Scott Lepisto Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION Against Importing of Irish Cattel , or Resetting thereof . WILLIAM By the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith : To _____ Macers of Our Privy Council , Messengers at Arms Our Shireffs in that part conjunctly and severally , specially constitute Greeting : Forasmuchas , by the fourteenth Act of the Parliament holden in the Year one thousand six hundred eighty six , it is expresly enacted and ordained , that no Horse , Mare or Cattle whatsomever shall be imported from Ireland to this Kingdom , under the pain and Penalty of Forefaulture of the Horse , Mares or Cattel that shall be imported , and further of paying the Sum of one hundred Merks Scots for each Beast , that shall be so imported , the one half of both the Beast and Fines , to belong f●… the Seizer and Discoverer , and the other half to his Majesty , As likewise , that no Person within this Kingdom reset or buy any Horse , Mares or Nolt , that they know to be imported out of Ireland , under the pain of one hundred Merks Scots , for each Beast , besides the Forefaulture of the Beasts themselves , the one half to belong to the Discoverer , ( he alwise pursuing and instructing the Importation within six Moneths after ) and the other half to his Majesty : And We being resolved , that due and exact obedience shall be given to the foresaid Act of Parliament for the time to come , and that the same shall be execute , with all rigour against such as transgress the same . Therefore , We with the Advice of the Lords of Our Privy Council in pursuance of , and conforme to the foresaid Act of Parliament , strictly prohibite and discharge the importing of any Horse , Mares , Cows or other Cattel from Ireland into this Kingdom , either by the Natives thereof or Inhabitants in Ireland , or any other Forraigners whatsomever , and all Persons to buy or reset any Horses , Mares or Nolt , that they know to be imported out of Ireland , after the Day and Date hereof under the pains above-mentioned respective , contained in the foresaid Act of Parliament , for importing buying or resetting any Horse , Mares or Nolt imported from Ireland contrary thereunto . Likeas , We with advice foresaid for the more effectual Execution of the Premisses , Require and Command all Collectors , Surveyers , Waiters or others imployed in uplifting and collecting Our Customs and forraign Excise , at the several Sea-ports of this Kingdom , and all Officiars of the Law whatsomever , to seaze upon all Horse , Mares and Cattel whatsomever imported from Ireland after the date hereof , or bought or reset by whatsomever Person or Persons within this Kingdom who knew the same , to have been imported , and to detain and confiscat the same , comform to the foresaid Act of Parliament , and to pursue and exact from the several persons who shall Import , Buy or Reset , any Horse , Mares or any other Cattle imported from Ireland contrair to the foresaid Act of Parliament , the Sums and Penalties respectively above-mentioned , incurred by them through the foresaid Transgression , the one half thereof to be applyed for His Majesties use , and the other half to be detained by themselves , in manner specified in the said Act. OUR WILL IS HEREFORE , and We Charge you straitly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat Crosses of the several Head-Burghs and Sea-port-touns within this Kingdom , and make Publick Intimation thereat of Our pleasure in the Premisses , that none may pretend Ignorance . And Ordains these presents to be Printed ; And Our Solicitor to transmit Copies thereof to the Shireffs of the several Shires and Stewarts of the Stewartries , their Deputs or Clerks , and to the Magistrats of the several Sea-port-tounst , to be by them published accordingly . Given under Our Signet at Edinburgh the eleventh day of May one thousand six hundred ninety and eight years , and of our Reign the tenth Year . Per Actum Dominorum Secreti Concilii GILB . ELIOT , Cls. Sti. Concilii GOD Save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the KING' 's Most Excellent MAJESTAY , Anno. Domini 1698. 
B05471	----	A proclamation against spreading of false news, &c. Edinburgh, November 10. 1688. Scotland. Privy Council. 1688 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05471 Wing S1608 ESTC R183343 52615073 ocm 52615073 176101 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05471) Transcribed from: (Early English Books Online ; image set 176101) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2762:44) A proclamation against spreading of false news, &c. Edinburgh, November 10. 1688. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : Anno Domini 1688. Title vignette: Royal seal with initials I R. Caption title. Initial letter. Some text in black letter. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Sedition -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Scott Lepisto Sampled and proofread 2009-01 Scott Lepisto Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms I R HONI SOIT QVI MAL Y PENSE A PROCLAMATION , Against spreading of false News , &c. Edinburgh , November 10. 1688. Present in Council . The Earl of Perth , Lord High Chancelor . His Grace the Lord Arch-bishop of St. Andrews . His Grace the Lord Arch-bishop of Glasgow . The Marquess of Athol , Lord Privy-Seal . His Grace the Duke of Gordon . The Earl of Errol . The Earl of Marr. The Earl of Cassils . The Earl of Linlithgow , Lord Justice-General . The Earl of Drumfermling . The Earl of Strathmore . The Earl of Southesque . The Earl of Traquair . The Earl of Belcarras . The Earl of Bradalban . The Lord Viscount of Tarbat , Clerk of Register . The Lord Strathnaver . The Lord Maitland , Theasurer-Deput . The Lord Duffus . The Lord Kinaird . The Mr of Balmerino . The Lord President of the Session . The Lord Advocat . The Lord Justice-Clerk . The Lord Castlehill . Lieutennent General Monro , The Laird of Niddrie . WHereas We have seen a Proclamation issued out in Name of His most Sacred Majesty , Declaring , That the Prince of Orange and his Adherents , have designed to Invade His Majesties Kingdoms ; and that now His Majesty hath signified by His Royal Letter , of the date at Whitehall the fifth day of November Instant , That they are Landing in England , and in Order thereto , have Contrived and Framed several Treasonable Papers , and Declarations , Hoping thereby to Seduce and Corrupt His Majesties Subjects , and that several persons are imployed to disperse the same ; And since such Methods may be taken to Corrupt His Majesties Subjects , in this His Antient Kingdom ; Therefore We , the Lords of His Majesties Privy Council , in His Royal Name , and by His Authority , have thought it necessary to Admonish all His Majesties Subjects within this Kingdom , of what degree or quality soever , that they do not Publish , Disperse , Repeat , or Hand about the saids Treasonable Papers , or Declarations , or any of them , or any other Paper , or Papers of such like Nature , and particularly a Declaration in the Prince of Orange's Name , and another in the Name of the States General , nor presume to Read , Receive , Conceal , or Keep the said Treasonable Papers , or Declarations , or any of them , or any other Payer , or Papers to that purport ; or to disperse any false News , tending to the Amusing His Majesties Subjects , or to the Disturbance of the Peace of the Kingdom , without Discovering , and Revealing the same as speedily as may be , to some of the Privy Council , or to some other Iudges , Iustices of the Peace , or Magistrats , upon peril of being prosecuted according to the outmost severity of Law. Extracted forth of the Records of Privy Council , by me , WILL. PATERSON , Cls. Sti. Concilii . GOD Save the KING . EDINBURGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOMINI . 1688. 
B05472	----	Proclamation against the importation of Irish cattle, &c. Edinburgh, the first day of Feb. 1667. Scotland. Privy Council. 1667 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05472 Wing S1610 ESTC R233277 52612292 ocm 52612292 179593 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05472) Transcribed from: (Early English Books Online ; image set 179593) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2793:65) Proclamation against the importation of Irish cattle, &c. Edinburgh, the first day of Feb. 1667. Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty, Edinburgh : 1667. Caption title. Royal arms at head of text; initial letter. Text in black letter. Signed: Pet. Wedderburne Cl. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Foreign trade regulation -- Scotland -- Early works to 1800. Animal industry -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Commerce -- Ireland -- Early works to 1800. Ireland -- Commerce -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Scott Lepisto Sampled and proofread 2009-01 Scott Lepisto Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms C R HONI SOIT QVI MAL Y PENSE PROCLAMATION Against the Importation of Irish CATTLE , &c. Edinburgh , the first day of Feb. 1667. CHARLES , by the Grace of GOD , King of Great Britain , France and Ireland , defender of the Faith. To all and sundry Our Liedges and Subjects whom it effeirs , Greeting : Forsomuch as by an Act of Our late Parliament , Entituled , Act asserting Our Prerogative in the ordering and disposal of Trade with Forraigners ; It is declared , that the laying on of Restraints and Impositions upon forraign imported Commodities , doth belong to Us and Our Surcessors , as an undoubted Priviledge and Prerogative of Our Crown ; And that by vertue thereof We may so order and dispose upon foraign Trade , as We shall judge most fit for the good of that Our Kingdom . And whereas many humble addresses have been made to Us by the Convention of Our Estates , in August , 1665. And by the Lords of Our Privy Council , for restraining of Irish Cattle , Corn , and some other Commodities , from coming in to this Kingdom , as being most prejudicial thereto , by reason that Our Subjects are more then sufficiently provided within themselves ; And incase of Trade with forraign Kingdoms and States ( which is now for the most part stopped ) are able to spare and export considerable quantities of all these Commodities , and We being most willing to gratifie the Subjects of that Our ancient Kingdom : Therefore , and in testimony of Our just resentment of their loyalty and affection to Our service , We , with advice of the Lords of Our Privy Council , have discharged ; and by these presents discharges the importation of all Irish Cattle ( except Horses ) as also , Irish Salt Beef , and Corns of whatsoever Grain , or Meal made thereof , to any Town , Port , or Harbour , or any other place of that Our ancient Kingdom , in any Ship or Vessel whatsoever , after the first day of March next to come . As also , discharges all persons whatsoever to receive or Pasture any of the saids Cattle upon their Lands or Pasturage , or to sell and dispone thereupon , or to reset or receive any quantities of the Victual so prohibited , or to conceal the same within their Houses or Cellers : And do hereby authorize and command all Magistrates of Our Burghs Royal , Sheriffs , or Iustices of Peace in all Shires where the Goods or Vessels shall arrive , to prohibit the unloading thereof : And incase of contravention , to seize , or cause seize upon the samine , to be confiscat , the one half thereof for Our use , and the other half for the use of these who shall attach and seize upon the same . And further , requires the saids Magistrates , or either of them , to apprehend the persons of the contraveeners , and to secure them by imprisonment till they advertise the Lords of Our Privy Council , that order may be given to proceed against them as contemners of Our Royal Authority , that all condign punishment may be inflicted upon them without mercy . And ordains these presents to be printed and published at the Mercat Cross of Edinburgh , Pear and Shore of Leith , and at the Mercat Crosses of all Burghs Royal , and Burghs of Regality and Barony lying in the Western parts of this Kingdom , where the saids Goods and Victual are ordinarily imported , and other places needful , that none pretend ignorance . Pet. Wedderburne Cl. S ti Concilii . EDINBVRGH , Printed by Evin Tyler , Printer to the Kings most Excellent MAjESTY , 1667. 
B05473	----	A proclamation against the importation of Irish victual and cattel Scotland. Privy Council. 1676 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05473 Wing S1610A ESTC R183344 52612293 ocm 52612293 179594 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05473) Transcribed from: (Early English Books Online ; image set 179594) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2793:66) A proclamation against the importation of Irish victual and cattel Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to the King's most sacred Majesty, Edinburgh : 1676. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated at end: Given under Our Signet at Edinburgh, the fourteen day of December, and of Our Reign, the twenty eighth year, 1676. Signed: Tho. Hay, Cl. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Foreign trade regulation -- Scotland -- Early works to 1800. Animal industry -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Commerce -- Ireland -- Early works to 1800. Ireland -- Commerce -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-10 TCP Assigned for keying and markup 2008-12 SPi Global Keyed and coded from ProQuest page images 2009-01 Scott Lepisto Sampled and proofread 2009-01 Scott Lepisto Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion royal blazon or coat of arms C R 〈…〉 A PROCLAMATION , Against the Importation of Irish Victual and Cattel . CHARLES , by the Grace of GOD , King of Great Britain , France , and Ireland , Defender of the Faith ; To Our Lovites , _____ Messengers , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as We and Our Estates of Parliament , by several Acts , have ( upon diverse weighty considerations , ) discharged the Importation of all Irish Victual and Cattel into this Kingdom , under the pains , and certifications therein contained : And whereas the Lords of Our Privy Council have emitted several Acts and Proclamations in pursuance of the saids Acts of Parliament , notwithstanding whereof , and of all the care and endeavours taken , to hinder and prevent the importing of Irish Victuall and Cattel , finding the same is imported into this Kingdom : And considering the best and firtest way for preventing thereof , might be to commissionat some persons of Power and Authority in the several places of the Countrey where the said Victual and Cattel is ordinarly brought in and landed . We therefore , with advice of the Lords of Our Privy Council have thought fit , to grant full Power , Authority , and Commission to Our Right trustie and well beloved Cousins and Councellors , Archibald , Earl of Argyle , and George , Lord Rosse , and to Our well beloved , Richard Murray of Brughtoun , by themselves , their Deputs , Servants , and such as they shall think fit to appoint ( for whom they will be answerable ) to search for , seize , and apprehend all Irish Victual and Cattel , and Salt-beef made thereof , that shall happen to be imported from Ireland unto this Kingdom in the particular places after-specified , viz. The said Earl of Argyle in all places , from Lechlung to the Mule of Kintyre , and round about the same . The said Lord Ross in all places , from the Burgh of Glasgow , to the March of Galloway on the South , and from Glasgow , to Lochlung on the North : and the Isles of Arran , Bute and Comray : and the said Richard Murray , from the March of Galloway , to the March of Nithsdale . And for the more ready and effectual prosecution of the said Commission , have granted full Power and Authority to the saids Earl of Argyle , Lord Ross and Richard Murray by themselves , their Deputs , servants , and such as they shall think fit to entrust in the respective bounds foresaids , to secure all Barks , or travelling Boats whether Scots or Irish , until the Skippers or Owners shall find Caution that they shall import no Irish Victual or Cattel hereafter . The saids Commissioners or their foresaids are thereby authorized to search all Barks , Boats , or other Vessels , wherein any Irish Victual or Cattel are suspected to be ; and to seize and secure the same , incase they find the saids prohibited Goods therein ; And for better discovery thereof , all Merchants , Skippers , or Owners of Boats , Barks , or other Vessels travelling to and from the places foresaids , are thereby ordered before they break bulk , or liver any goods , to advertise the saids Commissioners , or these entrusted by them at one or other of the Ports following , viz. at the Point of Garvel near Greenock , the Towns of Largs , Irving , Turnberry , Dumbarton , Rothesay , Brodick , Dinnon , Tarbet , Campbletoun , Innerarey , Portpatrick , Glenluce and Kirkudbright ( at which Ports , Offices are stablished to receive these Advertisements ; ) under the pain of Confiscation of the saids vessels and goods , and being holden as confest Importers of Irish Victual : Provided that the Skippers or Owners , shall not upon such occasion be obliged to wait longer then one Tydes water . If upon pregnant presumptions the saids Commissioners , or these entrusted by them shall suspect any person or persons guilty of importing Irish Victual or Cattel , they are thereby authorized to conveen any such person or persons before the nearest Magistrat in Burgh or Landwart , and to lead all manner of probation against them for proving thereof : whereupon the saids Magistrats are to give present and ready justice . All Sheriffs , Stewarts , Bailyes of Royalties , Regalities , and Baronies , and all Heretors are thereby ordered to give their speedy and ready assistance to the saids Commissioners , or these entrusted by them , when ever they shall be required , either as to the searching of vessels by night or day , making open and patent doors , searching of sellars , or other suspect places for Irish Victual or Cattel , which they are thereby authorized to do . As also the Officers of any Garrison are obliged to concurr , and assist them with a Party of souldiers as they shal be desired upon any extraordinary occasion . In case any seizure be made by the saids Commissioners , or these entrusted by them ; The Heretors next adjacent to the said place are thereby required to cause carry the Victual to some convenient place nearest , untill Our Council shall give order thereanent : And these so employed shall be payed by the person who makes the seizure for each horse carriage ; not exceeding two shilling scots the mile . The saids Commissioners , or these entrusted by them are thereby empowered with consent of the Magistrat of the place to send any person or persons to prison who shall be found guilty of contraveening the saids Laws , or shall be contumacious in refusing to depone ; The Magistrats of the place being alwayes free of the prisoners charges : In which case , the Magistrats are to secure the prisoners and their vessels , and to be comptable for them : And in case any person or persons shall make open resistance against the saids Commissioners , or these entrusted by them in the execution of Our said Commission , and that there shall happen blood-shed , mutilation or slaughter to follow , through the said resistance ; It is declared that the saids Commissioners , and these entrusted by , or giving assistance to them , shal never be called in question , or pursued therefore civily or criminally in time coming . And further , by the said Commission , it is declared , that the same shall no wayes free or liberat the Importers or resetters of Irish victual or cattel , or Heretors upon whose ground the same shall be imported , but that they shall continue still lyable to the pains and penalties appointed by the saids Acts of Parliament and Council ; As if the said Commission had never been granted : Which Commission is to begin and take effect , from , and after the first day of January next , and to continue until the first day of January , 1678 years . And to the effect , all Our Leidges and others concerned , may have due and timeous notice thereof , We have thought fit , that these Our Letters of publication of the same should be direct in manner under-written . Our Will is herefore ; and We charge you straitly , and command , that incontinent these Our Letters seen ye passe , to the Mercat-crosses of Edinburgh , Glasgors Dumbariours , and other places needful : And thereat , in Our Name and Authority , by open Proclamation , make publication of the Premisses ; to the effect , that all Our Leiges , and others concerned , may have due and timous notice of Our pleasure in the Premisses , and may give ready obedience to Our Commands therein , as they will be answerable at their highest peril . Given under our Signet at Edinburgh , the fourteen day of December , and of Our Reign , the twenty eighth year , 1676. Per actum Dominorum Secriti Concilii . Tho. Hay . Cl. Sti. Concilii . GOD save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to the King 's most Sacred Majesty . 1676. 
B05541	----	A proclamation appointing some forraigne species of gold and silver to be current Scotland. Privy Council. 1677 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05541 Wing S1705 ESTC R225702 53981577 ocm 53981577 180364 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05541) Transcribed from: (Early English Books Online ; image set 180364) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:52) A proclamation appointing some forraigne species of gold and silver to be current Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1677. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the twenty seventh day of February, and of Our Reign the twenty ninth year, 1677. Signed: Al. Gibson, Cl. Sti. Concilii. Imperfect: creased with slight loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Money supply -- Scotland -- Early works to 1800. Money -- Law and legislation -- Scotland -- Early works to 1800. Finance, Public -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION Appointing some Forraigne species of Gold and Silver to be Current . CHARLES by the Grace of GOD , King of Great Britain , France , and Ireland , Defender of the Faith , To Our Lyon King at Arms , and his Brethren Heraulds , Macers , Pursevants , and Messengers at Arms , Our Sheriffs in that part , conjunctly , and severally , specially constitute , Greeting ; Forasmuch as the Lords of Our Privy Council , having taken to their Consideration a Petition presented by the Provost of Edinburgh , in Name , and by Warrand of the Royall Burrowes of this Kingdom , Representing , as one of the great causes of the Decay of Commerce amongst all Qualities of people of this Kingdom , and the deadness of the Forraign and Inland Trade thereof , to be the great scarcity of the stock of Coyn , and of all manner of species of Money in this Kingdom , that does much incommodate all manner of Dealers , who are necessitate to deal upon Credit , wanting the supplies of species of money to maintain the same : which Scarcity having been occasioned by the small Quantities of Silver that used to be coyned formerly In Our Mint , before Our late happy Restauration , and the frequent Exportation even of the saids small Quantities into Forraign parts ; And having remitted the Consideration of the foresaid Petition to a Commitee of their number , for preparing the said matter , impowering them to confer with the Officers of our Mint , and these of the Burrowes who were intrusted with the said Petition , and to take exact tryal of the fineness of Forraign Coin both of Gold and silver ; who having accordingly conferred with these of the saids Burrowes , and Officers of Our Mint , and having seen exact Tryal taken of the Intrinsick Finenesse and Value of several sorts of forraign Coyn , by the subtile essay taken in their presence , did make report , that the Spanish and Dutch Duccatoon , the Spanish Milrynd and French Crown , are much finer than other forraign Coyn now presently currant in this Kingdom . W E Therefore , being unwilling to restrain the forraign coynes presently currant , while our proper coyn of this Kingdom is so small , and so much exported because of its fineness ; And finding it the better way to keep out course forraign coyn , by allowing the said finer forraign Coyn to be currant : And considering , that the foresaids species of money are the Coyn of these places with which this Kingdom hath most considerable Trade , and will be a great mean to inable Merchants to return money for the export of this Kingdom : Whereas if the Coyn of these places be not currant here , their Ships must return light , or loaden with forraign Commodities of lesse use for this Kingdom , to ballance their whole expert : Have thought fit , with advice of Our Privy Council , to declare and ordain , and by the Tenour hereof do declare and ordain , That the particular species of Forraign Coyn , above and after mentioned , shal have course within this Kingdom at the rates following , viz. The Spanish and Dutch Duccatoon to passe currant amongst all Our subjects , for three pounds ten shillings scots : The Spanish Milrynd , for two pounds seventeen shillings scots : And the French Crown for two pounds sixteen shillings . And also We considering , that there hath been an Surcease , and long time since the coyning of any Gold in this Kingdom , and that the species of all Old Gold is transported , and little Forraign Gold imported ; And for the further incouragement of the Merchants in this Kingdom , concerned in the Spanish and Dutch Trades , to make the Returns of their yearly Export and Effects in such species of Gold Coynes as these Countreys do afford ; Do hereby also , with Advice foresaid , Ordain , and Declare , the Quadruple Spanish Pistol , or piece of eight of Gold , to have course amongst our Subjects of this Kingdom , at the rate of fourty two pounds scots the piece , the same being of usual weight , of twenty one Deniers : And also the smaller species of the said Gold Pistol down-ward , to pass at the saids Rates proportionally : As likewise , the Hungary , Dutch , and Fleemish Duccat of Gold weighing two Deniers , fifteen Grains , to passe , and have course for five pounds twelve shillings scots , The same being of the said weight . And to the effect all Our Leiges may have notice hereof , Our Will is , and We charge you strictly , and command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and other places needful , and thereat , in Our Name and Authority , by open Proclamation , make Publication of the Premisses . Given under Our Signet , at Edinburgh , the twenty seventh day of February , and of Our Reign the twenty ninth year , 1677. Per Actum Dominorum Secreti Concilii . Al. Gibson . Cl. S ti . Concilii . GOD Save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to his most Sacred Majesty , Anno Dom. 1677. 
B05544	----	A proclamation, appointing the magistrates of burghs of regality and barrony, and their clerks, to take the oath of alleadgeance, and signe the declaration. Edinbvrgh, the first day of August, 1678. Scotland. Privy Council. 1678 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05544 Wing S1708A ESTC R183418 52612307 ocm 52612307 179613 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05544) Transcribed from: (Early English Books Online ; image set 179613) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:7) A proclamation, appointing the magistrates of burghs of regality and barrony, and their clerks, to take the oath of alleadgeance, and signe the declaration. Edinbvrgh, the first day of August, 1678. Scotland. Privy Council. Gibson, Alexander, Sir, d. 1693. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1678. Caption title. Royal arms at head of text; initial letter. Signed: Al. Gibsone, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Loyalty oaths -- Scotland -- Early works to 1800. Scotland -- Officials and employees -- Legal status, laws, etc. -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , Appointing the Magistrates of Burghs of Regality and Barrony , and their Clerks , to take the Oath of Alleadgeance , and signe the Declaration . EDINBVRGH , the first Day of August , 1678 : THE Lord Commissioner His Grace , and Lords of His Majesties Privy Council , Considering , That by the fifth Act of the second Session of His Majesties first Parliament , His Majesty , with Advice of His Estates of Parliament , did Statute , Ordain , and Enact , That all such persons as should thereafter be called or admitted to any publick Trust or Office , under His Majesties Government within this Kingdom ; That is to say , to be Officers of State , Members of Parliament , Privy Counsellers , Lords of Session , Commissioners of Exchequer , Members of the Colledge of Justice , Sheriffs , Stewarts , or Commissaries their Deputs and Clerks , Magistrates , and Council of Burghs , Justices of Peace and their Clerks , or any other publick Charge , Office and Trust within this Kingdom , shall at and before their Admission to the Exercise of such places or Offices , publickly in face of the respective Courts they relate to , subscribe the Declaration thereto subjoyned , and that they shall have no Right to the said Offices or Benefites thereof , untill they subscribe the same as said is ; but that every such person who shall offer to enter and exerce any such Office , before he subscribe the Declaration , is to be reputed and punished as an Usurper of His Majesties Authority , and the Place to be disposed of to another : And by the second Act of the third Session of His Majesties said first Parliament , relating to the former Act , It is recommended to His Majesties Privy Council to be carefull , that these Acts be put in due Execution , and receive obedience conform to the tenour thereof . And whereas the Lord Commissioner his Grace , and Lords of His Majesties Privy Councill are informed , That the Magistrates of several Burghs of Regality and Barrony , and their Clerks , who exerce publick Jurisdiction , Office and Trust in their several Bounds , and who by the said Acts of Parliament , are obliged , at or before they enter to the Exercise of such Offices and Plac●s , to take the Oath of Alleadgeance and signe the Declaration , yet do take upon them the exercise of the said publick Trust , Office and Jurisdiction , without taking the said Oath and signing the Declaration : Do therefore hereby Require and Command , all such Magistrates of Burghs of Regality and Barrony , and their Clerks , ( who have not at their entry to their saids Offices , taken the Oath of Alleadgeance and signed the Declaration ) to take the said Oath , and sign the Declaration , publickly in face of the respective Courts to which they relate , betwixt and the Term of Michaelmas next : And it is hereby Declared , That the saids Magistrates of Burghs of Regality and Barrony , and their Clerks , shall hereafter have no Right to their saids Offices or Benefites thereof , untill they take the said Oath , and subscribe the Declaration , as said is ; But that every one of them who shall exerce any such publick Office , Charge or Jurisdiction , before they so do , is to be reputed and punished as an usurper of His Majesties Authority , and the Place to be disposed of to another , conform to the saids Acts of Parliament : Hereby requiring the Sheriffs of the several Shires to see this Act put in Execution , and to report to the Council their Diligence , betwixt and the second Thursday of November next . And Ordains these presents to be Printed , and Published at the Mercat Cross of Edinburgh , and Mercat Crosses of the head Burghs of the several Shires , that none pretend ignorance . Al. Gibsone , Cls. Sti. Concilii . GOD save the KING . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1678. 
B05546	----	Proclamation appointing twenty shillings to be payed for every boll of foreign victual that shall be imported Scotland. Privy Council. 1696 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05546 Wing S1711 ESTC R226077 53299275 ocm 53299275 180008 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05546) Transcribed from: (Early English Books Online ; image set 180008) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:33) Proclamation appointing twenty shillings to be payed for every boll of foreign victual that shall be imported Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson ..., Edinburgh, : 1696. Caption title. Initial letter. Title vignette: royal seal with initials W R. Intentional blank spaces in text. Imperfect: sheet creased with slight loss of text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Excise tax -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Foreign economic relations -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion W R DIEV ET MON DROIT HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms PROCLAMATION Appointing Twenty Shilling to be Payed for every Boll of Foraign Victual that shall be Imported . WILLIAM By the Grace of GOD , King of Great - Britain , France and Ireland , Defender of the Faith. To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that Part Conjunctly and Severally , Specially , Constitute Greetings ▪ For as much as , by sundry Acts of the Lords of Our Privy Council , and Proclamations formerly emitted by Us ; Foraign of the continuing Dearth of Victual in several places of this Kingdom , and of the Want and Distres many of Our good Subjects Ly under there-through ; And that the Unseasonableness of the Weather Threatning a Late Harvest may make the Straits and Wants of many , especially of the Poorer fort . Insupportable before they can be Relieved by the present Cropt We have resolved to give all Incouragement to any who shall Import Victual to this Kingdom from any Foraign Country during the Space after-mentioned . THEREFORE , We with Advice of the Lords of Our Privy Council , Do hereby Grant License , and full Liberty to all Persons whatsomever , Foraigners or Natives , to Import Victual or Corns of all Sorts , either by Sea or by Land from any other Kingdom or Country whatsoever , until the first Day of October next to come , and that Free of Custom , Excise , or other Impossition for all that shall be Imported after the Day and Date hereof During the Time foresaid ; And Recommends it to the Commissioners of Our Theasaury to Discharge the Exacting of any such Custom , Excise , or Imposition for the said Victual so to be Imported , notwithstanding of any Act of Parliament , or Book of Rates Imposing the same ; And for a farther Encouragement , and Invitation to all such who shall Import and Bring into this Kingdom , either by Sea or Land betwixt and the Day foresaid , Victual or Corn of any Sort , except Malt , We with Advice of the Lords of Our Privy Council , Do hereby Appoint , and Ordain the Sum of Twenty Shilling Scots for Each Boll of the said Foraign Victual ( Excepting as said is ) to be Imported after the Day and Date hereof , and betwixt and the said first of October , to be Given and Payed out of Our Customs to the Importer thereof , upon his Oath of Verity , of the Number of Bolls Imported by him , taken in presence of any of the Sheriffs of the several Shires of this Kingdom , Baillies of Bailliaries or Regalities , Stuarts of the Stewartries or their Respective Deputs Magistrats of Burghs or any of the Commissioners of Supply , or Justices of Peace within the same , and Subscribed with his hand , and Attested by the foresaids Judges , and also by the Collector of the next Adjacent Custom-House ; And of which Twenty Shilling Scots , We with Advice foresaid Require and Command the Tacksmen and Farmers of Our Customs , and their Collectors and other Receivers at the respective Custom-Houses to make present and immediate Payment for Each Boll of Foraign Victual Imported by Sea or Land to the Importer thereof upon his Receipt to be given upon the Back of the foresaid Subscribed Oath of the Number of Bolls Imported ; And which Receipt We with Advice foresaid Declare , shall be a Sufficient exoneration to the saids Tacksmen and Farmers of Our Customs and their Collectors of their said Tack-Duty , and be Allowed to them in the Fore-end thereof protanto , Certifying such of the saids Collectors , or other Persons Imployed to Receive Money at the respective Custom-Houses , by the Tacksmen and Farmers of Our saids Customs ; That if they shall fail to make Due and punctual Payment of the said Twenty Shilling Scots for Each Boll of Imported Victual , ( Excepting as said is ) postpon or delay the Importers thereof in the ready Payment of the said Sum when the said Subscribed Oath and Receipt is offered to them . They shall not only be Declared , and ipso facto thereby become Incapable to Serve , or be Imployed by Our saids Farmers in any Office or Trust under them in Uplifting Our saids Customs , but be farther Lyable in what Penaltie and Dammages to the Party , the Lords of Our Privy Council shall think fit to inflict upon them . OUR WILL IS HEREFORE , and We Charge you Strictly , and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinhurgh , and to the remnant Mercat-Crosses of the Head-Burghs of the several Shires and Stewarties within this Kingdom ; And their in Our Name and Authority make Intimation hereof , that none pretend Ignorance : And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh the Seventh Day of August , and of Our Reign the Eight Year . 1696 Ex deliberatione Dominorum Secreti Concilli . GILB . ELIOT Cls. Sti. Concilii . GOD Save the King. William R ▪ Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His Most Excellent Majesty , Anno Dom. 1696. 
B05553	----	A proclamation, continuing the adjournment of the current Parliament, from the first Thursday of April next, to the twenty ninth of that moneth, 1686. Scotland. Privy Council. 1686 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05553 Wing S1732 ESTC R183428 52612310 ocm 52612310 179615 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05553) Transcribed from: (Early English Books Online ; image set 179615) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:9) A proclamation, continuing the adjournment of the current Parliament, from the first Thursday of April next, to the twenty ninth of that moneth, 1686. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1686. Caption title. Royal arms at head of text; initial letter. Dated at end: Given under Our Signet at Edinburgh, the twentieth two day of March, 1686. And of Our Reign the second year. Signed: Colin McKenzie Cls. Sti. Concilii. Imperfect: stained with slight loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 John Pas Sampled and proofread 2008-09 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , Continuing the Adjournment of the Current Parliament , from the first Thursday of April next , to the twenty ninth of that Moneth , 1686. IAMES by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith : To Our Lyon King at Arms , and His Brethren Heraulds , Macers of Our Privy Council , Pursevants , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally specially constitute , Greeting : Whereas by Our Proclamation of the date , the Twenty first day of September last , We thought fit to continue the Adjournment of the Current Parliament of this Our Ancient Kingdom , to the first Thursday of April next ensuing the date of these presents . And seing Our Service requires the further Adjournment thereof , for some Weeks longer ; VVe , therefore with Advice of Our Privy Council , Do hereby Continue the Adjournment of Our said Current Parliament , from the said first Thursday of April next ensuing , to the twenty ninth day of that Moneth . And to the effect Our Royal Pleasure in the Premisses may be known , Our VVill is , and VVe Charge you strictly , and Command , That incontinent these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and all the other Mercat-Crosses of the Head-Burghs of the Shires of this Kingdom , and other places needful , and there in Our Royal Name and Authority , by open Proclamation make Publication of the continuation of the Adjournment of Our said Current Parliament , from the said first Thursday , to the said twenty-ninth day of April next ensuing the date of these presents : Requiring hereby all the Lords Spiritual and Temporal , the Commissioners from the several Shires , and those from Our Royal Burrows , to meet that day in the usual way , under the accustomed Certifications : And VVe Ordain these presents to be Printed . Given under Our Signet at Edinburgh , the twentieth two day of March , 1686. And of O●● Reign the Second Year . Per Actum Dominorum Secreti Concilii . Colin M ckenzie Cli. Sti. Concilii . EDINBURGH . Printed by the Heir of Andrew Anderson , Printer to His 〈…〉 
B05557	----	A proclamation, declaring war against the French king. Edinburgh, the 6th of August, 1689. Scotland. Privy Council. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05557 Wing S1738 ESTC R183432 52528948 ocm 52528948 179015 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05557) Transcribed from: (Early English Books Online ; image set 179015) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:4) A proclamation, declaring war against the French king. Edinburgh, the 6th of August, 1689. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of Privy Council, Edinburgh : Anno Dom. 1689. Caption title. Initial letter. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng War, Declaration of -- Scotland -- Early works to 1800. Grand Alliance, War of the, 1689-1697 -- Early works to 1800. Scotland -- Foreign relations -- France -- Early works to 1800. France -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms A PROCLAMATION , Declaring War against the French King. Edinburgh , the 6th of August , 1689. WHereas the French King being the great Disturber of Christendom , these several years , Hath not only Invaded , and Seized the Territories and Rights of his Neighbouring Princes , His Majesties Allies ; but hath used unparalelled Cruelties , and Devastations , and by a most Unchristian Persecution , having designed to Suppress and Extirpat the Protestant Religion , he hath been the great Supporter , and Abetter of the Arbitrary Courses in these Kingdoms , for the Destruction of their Religion , Liberties , and Laws ; and hath of late , without any Declaration of War , Invaded ●he Kingdom of Ireland , Fomenting and Maintaining a Rebellion there : And likewise , he has lately Declared War against His Majesty , and his Kingdoms of Scotland and England , and hath sent Ships to Transport Irish Forces to Invade the said Kingdom of Scotland ; For which cause His Majesty having Required the Lords of His Privy Council , To Emit a Declaration of War in His Majesties Name . Therefore the Lords of His Majesties Privy Council , in Their Majesties Names and Authority , Do Declare War against the French King , and his Subjects , and Discharge all the Leidges of this His Majesties Antient Kindom of Scotland , To Trade , Correspond , or have any Intercourse , or Meddling with the said French King , or any of his Subjects : Declaring nevertheless , that such of the French Subjects , as for the Causes foresaids have been Expelled , or have abandoned their Native Countrey , and have taken Refuge in this Kingdom of Scotland , that they living dutifully , and not Corresponding with His Majesties Enemies , they shall be secure in their Lives , Liberties and Fortunes , under His Majesties Protection , and the Shelter of His Laws . Requiring likewise , all Officers of War , Captains , and Masters of Ships , and generally the whole Leidges , to Prosecute the War against the said French King , and his Subjects , with all Acts of Hostility , by Sea and Land , to their uttermost . And Ordains these Presents to be Printed , and Published by the Lyon King at Arms , or his Depute , Heraulds , Macers , and Pursevants , at the Mercat-Cross of Edinburgh , at the Castle-Gate , and Peer and Shore of Leith , and other places needful . Extracted by me GILB . ELIOT , Cls. Sti. Concilii . God save King VVilliam and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of Privy Council , Anno Dom. 1689. 
B05562	----	A proclamation discharging correspondence and commerce with France. Scotland. Privy Council. 1696 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05562 Wing S1743 ESTC R226071 52529269 ocm 52529269 179017 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05562) Transcribed from: (Early English Books Online ; image set 179017) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:6) A proclamation discharging correspondence and commerce with France. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : 1696. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the twenty first day of January, and of Our Reign the seventh year, 1696. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Scotland -- Early works to 1800. Grand Alliance, War of the, 1689-1697 -- Early works to 1800. Scotland -- Foreign relations -- France -- Early works to 1800. France -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION Discharging Correspondence and Commerce with France . WILLIAM by the Grace of God , King of Great-Britain , France , and Ireland , Defender of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute ; Greeting , Forasmuch as , albeit the Corresponding and keeping Commerce with our Enemies , against whom we are now in a State of War , is Discharged by several Laws and Acts of Parliament under the pain of Treason , and particularly by the eight Act of the third Session of this Our Current Parliament , all our Subjects are expresly Discharged to go to the Kingdom of France , or any of the Dominions subject to the French King , after the first Day of June one thousand six hundred and ninety three years , or being already in the said Kingdom of France , or Countries foresaid to stay or abide therein after the first day of August in the said year , without express Leave from Us , or the Lords of Our Privy Council , under the pain of Treason ; yet sundrie of Our Subjects presume to have Commerce , and to Correspond and keep Intelligence with Persons Residing in the said Kingdom of France , now in a State of War with Us , or Dominions thereto belonging , without Authority foresaid : Therefore , and to the effect , Our Subjects may know their Danger in the Premisses , if they shall for hereafter Transgress in manner foresaid ; We with Advice of the Lords of Our Privy Council , do strictly Prohibit and Discharge all and every one of Our Subjects within this Our Antient Kingdom to Correspond , keep Intelligence , or have any Commerce whatsomever with the said Kingdom of France , or Persons Residing within the same , or Dominions belonging to the French King , without Authority foresaid , under the Pain of being Punished as Corresponders with Declared Traitours , to the outmost Rigor ; Declaring hereby that this shall be without Prejudice of any former Acts made against Treason , or Treasonable Correspondencies , or the Punishment of such as have already incurred the Pains thereof . Our Will Is Herefore , and We Charge you strictly , and Command , that incontinent , thir Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and remanent Mercat Crosses of the Head-burghs of the several Shires and Stewartries within this Our Kingdom : and there in Our Name and Authority by open Proclamation , make Intimation hereof , that none may pretend Ignorance . Given under Our Signet at Edinburgh , the Twenty first day of January , and of Our Reign the Seventh year , 1696. Per Actum Dominorum Secreti Concilii . GILB . ELIOT Cls. Sti. Coneilii . GOD Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the Kings Most Excellent Majesty , 1696. 
B05566	----	A proclamation discharging forraign copper-coyn to be imported or made use of in this kingdom Scotland. Privy Council. 1686 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05566 Wing S1747 ESTC R183439 53981579 ocm 53981579 180366 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05566) Transcribed from: (Early English Books Online ; image set 180366) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:54) A proclamation discharging forraign copper-coyn to be imported or made use of in this kingdom Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1686. Caption title. Initial letter. "...discharging forraign copper-coyn to be imported or made use of in this kingdom" in ms.; additional ms. notes. Dated: Given under Our Signet at Edinburgh, the twentieth day of May one thousand six hundred eighty six years. And of Our Reign the second year. Signed: Will. Paterson, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Coinage -- Law and legislation -- Scotland -- Early works to 1800. Finance, Public -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 John Pas Sampled and proofread 2008-09 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION IAMES by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith , To Our Lyon King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as We Understanding that there are Copper-Coyn , Imported from Abroad , and passing in this Our Kingdom , which is a great abuse to the Nation , and prejudice to Our Mint : We therefore , with Advice of Our Privy Council , for preventing thereof , Do hereby strictly Prohibit and Discharge , all Merchants , Skippers , Mariners and others , To Import into this Kingdom , after Publication hereof , any Doyts , or other Copper-Coyn , from France , Holland , or any place from Abroad , under the pain of Confiscation thereof , the one half to Our Use , and the other half to the Discoverer , or Informer , besides what other punishment We , 〈◊〉 Our Council shall think fit to Inflict upon the Contraveeners . And further , We Do hereby Prohibit and Discharge the foresaid Doyts , or other Copper-Coyn , from France , or Holland , or any Copper-Coyn , but what is under Our Royal Stamp , to pass within this Kingdom hereafter , or any of Our Subjects to receive the same ●s Coyn , as they will be answerable : And Authorize , and hereby Require all Customers , Waiters , Collectors and others , To seize upon , and appropriat to their own use , any of the said Forraign Copper-Coyn , wherever they can find , or discover the same ; Requiring all Magistrats , Officers and Souldiers of Our Forces to be concurring and assisting hereto , when required , as they will answer at their perril ; And to the end Our Pleasure in the Premisses may be made Notour and Known ; Our Will is , and We Charge you strictly , and Command , That incontinent , these Our Letter seen , ye pa●s to the Mercat Cross of Edinburgh , and other places needful , and thereat , in Our Royal Name and Authority , make open Proclamation , and publication of the Premisses , that none pretend ignorance . Given under Our Signet at Edinburgh , the twentieth day of May One Thousand six hundred eighty six Years . And of Our Reign the second Year . Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1686. 
B05567	----	A proclamation, discharging levies, vvithout his Majesties special licence Scotland. Privy Council. 1675 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05567 Wing S1749 ESTC R183440 52612313 ocm 52612313 179618 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05567) Transcribed from: (Early English Books Online ; image set 179618) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:12) A proclamation, discharging levies, vvithout his Majesties special licence Scotland. Privy Council. Gibson, Alexander, Sir, d. 1693. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Andrew Anderson, Printer to the King's most excellent Majesty, Edinburgh : 1674. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated at end: Given under Our Signet at Edinburgh, the twenty third day of July, one thousand six hundred and seventy four, and of Our Reign, the twenty sixth year. Signed: Al. Gibson, Cl. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting, enlistment, etc. -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion C R royal blazon or coat of arms A PROCLAMATION , Discharging Levies , vvithout His Majesties special Licence . CHARLES , by the Grace of God , King of Great Brittain , France , and Ireland , Defender of the Faith ; To Our Lovits , Macers or Messengers at Armes , Our Sheriffs in that part conjunctly and severally , specially constitute , Greeting : Whereas , We are informed , that some persons have of late presumed to levy Men within this Our ancient Kingdom , although they have not any Authority from Vs for that effect . Therefore , We , with advice of the Lords of Our Privy Council , do hereby prohibit and discharge any person or persons , whatfoever to levy any men in this Kingdom , or to take or transport any of Our Subjects thereof into the service of any Forraign Prince or State whatsoeever , without Our special licence : and discharges all Masters of Ships to receive on board , or transport them , under all highest pains to be inflicted upon the Contraveeners ; Requiring hereby the Fermorers of Our Customs and Excise , their Collectors , and Waiters , to take special notice of any such Persons , whom they shall find passing forth of this Kingdom , upon the foresaid account ; and to stop them in their passage , as they will be answerable . And if need be , that they require the concurrence of the Magistrates of Burghs , and others in authority under Vs , who are hereby ordained to be aiding and assisting to them herein . And ordains these presents to be Printed , and Published at the mercat Cross of Edinburgh , and other places needful , that none pretend ignorance . The which to do , We commit to you , conjunctly and severally , Our full Power , by thir Our Letters : Delivering them by you , duely execute and indorsed again to the Bearer . Given under Our Signet at Edinburgh , the twenty third Day of July , One thousand six hundred and seventy four , and of Our Reign , the twenty sixth Year . At. Gihson , Cl. S ti Concilii . God save the King. EDINBVRGH , Printed by Andrew Anderson , Printer to the King 's most Excellent Majesty , 1674. 
B05570	----	Proclamation, discharging persons to be brought from the Netherlands without passes. Scotland. Privy Council. 1694 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05570 Wing S1753 ESTC R219059 52528950 ocm 52528950 179021 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05570) Transcribed from: (Early English Books Online ; image set 179021) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:10) Proclamation, discharging persons to be brought from the Netherlands without passes. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : 1694. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the sixth day of September. And of Our Reign the sixth year, 1694. Signed: Gilb. Eliot, cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng International travel regulations -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- Netherlands -- Early works to 1800. Netherlands -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-09 John Pas Sampled and proofread 2008-09 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion PROCLAMATION , Discharging Persons to be brought from the Netherlands without Passes . WILLIAM and MARY by the Grace of GOD , King and Queen of Great-Britain , France and Ireland , Defenders of the Faith ; To _____ Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting : Forasmuch as , The Merchants and Skippers , and others Trafficking and passing betwixt this Our Antient Kingdom , and the Provinces of the Netherlands Do presume , to bring into this Kingdom , persons Obnoxius to Our Laws , and notourly Disaffected to Our Government : As also , Deserters from Our Forces in the said Parts , for Remeed whereof , We with Advice of the Lords of Our Privy Council , Have thought fit , hereby strictly to Prohibite and Discharge all Merchants , Masters , Skippers , or Mates and Mariners , and Passengers , in any Ships ; Barks , or Vessels ; To bring home into this Kingdom , or any of the Poris , or Coasts thereof , any person or persons from the said Netherlands , unless they have Passes in manner following , viz. Every one of the saids persons not being a Souldier , a Pass from the Secretaries of this Kingdom , or their Deput attending Our Person in the said Netherlands for the time ; and every Souldier or other Person who have Served in Our Armies , a Pass from the Colonel of the Regiment wherein they Served , or a Superiour Officer ; which Passes are to be presented to the Conservator of the Priviledges of this Our Kingdom , Residing in the said Provinces , or his Deput in his absence , who is to make a List of the saids persons , having and producing their Passes , as said is , and to deliver the same Subscribed with his Hand , to the Master or Skipper of the Ship , for his Warrand , to bring home the persons named therein : As also , the said Master or Skipper at his arrival within the River of Forth , or any Port or Creik thereof , shall , before he suffer any of the persons contained in the said List , to go a-shore out of his Vessel , present the foresaid List to Our Advocat or Sollicitor , at Edinburgh for the time , or in their absence , to one or other of the Lords of Our Privy Council , and receive his Order , for setting of the said persons a-shore ; And if the Vessel shall arrive at any other Port , or Coast within the Kingdom , then the Skipper shall present his said l●st , to a Magistrat of the next Burgh-Royal , who shall be obliged either to take Caution of the persons contained therein , that they shall present themselves , when called , by the Lords of Our Privy Council : Or at least , if they cannot find caution , they shall enact themselves , both , under a reasonable Penalty , to present themselves , as said is : Which Bonds and Acts , the said Magistrat , is to Transmit with all diligence , to the Clerks of Our Privy Council , within a fourthnight at farthest , after receiving of the same : And the saids Magistrats having taken the saids Bonds or Subscriptions , are then to give Order for the persons coming a-shore ; Certifying the said Merchants , Masters , Skippers , Mates , Mariners , and Passengers , and Magistrats above-mentioned , that if any of them fail in the Premisses , they shall be lyable in the penalty of five Hundreth Merks Scots , each of them , toties , quoties , to be payed to Our Receiver-General , for Our use : And farther , Requiring Our Solicitor , to use exact Diligence , to see thir Presents execute , and the foresaid Penalties , when incurred payed . Our Will is herefore , and We Charge you straitly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat-Crosses of the remanent Head-Burghs of the several Shires within this Kingdom ; and also to the several Sea-ports Towns within the same , ( and Appoints the Sheriffs of the several Shires , to see thir Presents published at the several Sea-Towns within their respective Jurisdictions ) and there , by open Proclamation , make publication of the Premisses , that none pretend Ignorance . And Ordains thir Presents to be Printed . Given under Our Signet at Edinburgh , the sixth Day of September . And of Our Reign the sixth Year , 1694. Per actum Deminorum Secreti Concilii . GILB : ELIOT , Cls. Sti. Concilii . GOD save King VVilliam and Queen Mary . Edinburgh , Printed by the Heirs and Successors of Andrew And●●●●● , Printer to Their most Excellent Majesties . 1694. 
B05571	----	A proclamation discharging persons to travel to Ireland without passes. Scotland. Privy Council. 1695 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05571 Wing S1754 ESTC R183443 52529272 ocm 52529272 179022 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05571) Transcribed from: (Early English Books Online ; image set 179022) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:11) A proclamation discharging persons to travel to Ireland without passes. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : 1695. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the thirtieth first of December, and of Our Reign the seventh year, 1695. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng International travel regulations -- Scotland -- Early works to 1800. National security -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- Ireland -- Early works to 1800. Ireland -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION Discharging Persons to Travel to Ireland without Passes . WILLIAM by the Grace of God , King of Great Britain France and Ireland , Defender of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , Conjunctly and Severally , specially Constitute ; Greeting , Forasmuch as , seve●●al Vagabounds and other Idle persons have been in use to haunt and frequent this our Kingdom , for several years by past , during the Summer time only , and have retired themselves into the Kingdom of Ireland , how soon the Winter did approach ; as also many young men have put themselves out of setled Service , that they might be at the greater Liberty to withdraw themselves and retire out of the Kingdom , whenever Recruits were to be made up for our Service , or the time of making the Levies appointed by Act of Parliament drew near , to the great prejudice of our Service , and Increase , and Incouragment of Vagabounds and idle persons , who might be well imployed therein : for Remedy whereof , We with Advice of the Lords of our Privy Council do strictly prohibite and discharge all persons whatsomever , either as Passengers or howsoever , otherway●s Imployed in Ships , or Boats , to go or Transport themselves into the Kingdom of Ireland , without sufficient Passes under the hand of one of the Lords or others of Our Privy Council , or of the Sheriff of the Shire , Stewart of the Stewartry , or Baillies of the ●eg●lity or Bailliery , within whose Bounds the persons intending for Ireland does dwel and reside , bearing their Names , Designations , and places of their Abode , and Inployment for the last year preceeding ; and We wi●h Advice foresaid , do hereby Require , and strictly Command all Collectors of our Customs , Surveyers , Clerks , Waiters at the several Ports , and all Masters , and Sea men of Ships , Barks , or Boats , that they suffer no person whatsomever to Pass or Transport themselves to the said Kingdom of Ireland , without they be furnished and provided with a sufficient Pass , granted in manner above-mentioned , as they will be Answerable at their highest Peril ; and if any shall attempt to Transport themselves to the said Kingdom , otherways then is above provided , that they sease upon their persons , and deliver them to the next Magistrat by him to be committed and detained in Prison till farder Order . Our Will Is Herefore , and We Charge you strictly , and Command , that incontinent , these Our Letters seen ye pass to the Mercat Cross of Edinburgh , and to the Mercat Crosses of the whole Remanent Head Burghs of the several Shires and Stewartries within this Kingdom , and there in Our Name and Authority by open Proclamation make Intimation hereof , that none may pretend Ignorance ; and Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the Thirtieth first of December , and of Our Reign the Seventh year , 1695. Per Actum Dominorum Secreti Concilii , GILB ELIOT Cls. Sti. Concilii , GOD Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the Kings Most Excellent Majesty , 1695. 
A29962	----	The history of Scotland written in Latin by George Buchanan ; faithfully rendered into English. Rerum Scoticarum historia. English Buchanan, George, 1506-1582. 1690 Approx. 2962 KB of XML-encoded text transcribed from 388 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2004-08 (EEBO-TCP Phase 1). A29962 Wing B5283 ESTC R466 12241072 ocm 12241072 56771 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A29962) Transcribed from: (Early English Books Online ; image set 56771) Images scanned from microfilm: (Early English books, 1641-1700 ; 130:6) The history of Scotland written in Latin by George Buchanan ; faithfully rendered into English. Rerum Scoticarum historia. English Buchanan, George, 1506-1582. [7], 7, [1], 434, 286, [36] p. : port. Printed by Edw. Jones, for Awnsham Churchil ..., London : 1690. Translation of: Rerum scoticarum historia. Errata: p. [36] at end. Reproduction of original in Yale University Library. Includes: The life of George Buchanan, written by himself two years before his death. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- History -- To 1603. Scotland -- History -- 16th century. 2004-03 TCP Assigned for keying and markup 2004-05 SPi Global Keyed and coded from ProQuest page images 2004-06 Judith Siefring Sampled and proofread 2004-06 Judith Siefring Text and markup reviewed and edited 2004-07 pfs Batch review (QC) and XML conversion GEORGH BUCHANANI Scoti ▪ Poetae , Historici Eximij Vera Effigies , Ex Archetypo , quod in Musaeo D : Thomae Povey , adservatur expressa . THE HISTORY OF SCOTLAND . Written in Latin , By George Buchanan . Faithfully Rendered into ENGLISH . I have carefully and diligently perused this Translation of BVCHANAN's History ; and , finding it to be faithfully and exactly done , have therefore allowed it to be Printed . August . 13 th , 1689. I. FRASER . LONDON : Printed by Edw. Iones , for Awnsham Churchil , at the Black Swan in Ave-Mary-Lane , near Pater-Noster-Row . 1690. TO THE READER . 'T IS sufficient Commendation of the ensuing History , That it was Written by Mr. George Buchanan ; Who was no less the Glory of the Age wherein he Lived , than of his Country . Being a Person both of that Elevation and Justness of Thought , and of that Neatness and Elegancy of Expression , that among all the Ancient , as well as the Modern Writers , few do equal , and none do exceed him . And as he knew in Reference to Persons and Things , What to say , and What not to say , so he was of that Courage and Integrity , to conceal nothing that ought to be delivered , but hath used the same Freedom in Transmitting down the Lives of Princes to Posterity , that they allowed themselves in leading them . And if ever any Book deserved the Character of answering the Title , this doth , being truly a History , and not a Romance , wherein the Author representeth Things as they were ; Commending without Flattery , and Censuring without Satyr . GEORGE BUCHANAN's EPISTLE DEDICATORY TO JAMES the Sixth , King of the SCOTS . AT my Return , after Four and Twenty Years absence from my Country , I desired nothing more than to review my Papers , that were dispersed , and many ways injured by the Iniquity of the Times : For I found , that the over-Officiousness of my Friends , to precipitate the Publication of what was yet unfit to see the Light , and that excessive Liberty which Transcribers take to Censure the Works of other Men , had altered many Things , and corrupted others , according to their several Humours . But whilst I was endeavouring to remedy these Disorders , the sudden and unexpected Solicitations of my Friends broke my Measures ; all of them , as if they had Conspired together , Exhorting me to lay aside Things of less Weight , that rather delight the Ear than instruct the Mind , and apply my self to Write the History of our Nation , as a Subject not only suitable to my Age , and sufficient to Answer the Expectation of my Country Men ; but deserving great Commendation , and most fit to preserve ones Memory to succeeding Ages . Amongst other Reasons , which I omit , they added , That though Britain be the most Famous Island in the World , and every part of its History contain most Remarkable Things ; yet , scarce one was to be found in any Age , who durst attempt so great a Work , or had acquitted himself , as the Subject deserved . Neither was it the least Inducement to this Vndertaking , that I hoped my pains herein would not be unfitting for , nor unacceptable to , you . For it seemed to me Absurd and Shamefull , That You , who in this Your tender Age , have Read the Histories of all Nations , and retain very many of them in Your Memory , should only be a Stranger at Home . Besides , an incurable Distemper having made me unfit to discharge , in Person , the Care of Your Instruction , committed to me , I thought that sort of Writing , which tends to the Information of the Mind , would best supply the want of my Attendance , and resolved to send You Faithfull Counsellors from History , that you might make use of their Advice in Your Deliberations , and imitate their Virtue in Your Actions . For there are amongst Your Ancestors , Men Excellent in every Respect , of whom Posterity will never be ashamed ; and , to omit others , You will hardly find in History , any one Worthy to be compared with our David . And if the Divine Goodness was so Liberal to him , in those most wretched and wicked Times , we may with Reason hope , That You may be ( as the Royal Prophet says ) A Pattern of all those Excellencies , which Mothers desire in their Children , when they give them their best Wishes ; and that this Government , which seems to be hurried on to Ruin and Destruction , may be supported , 'till the time shall come , when all Sublunary Things having finished the Course appointed them by Gods Eternal Decree , shall arrive at their designed Period . Edinburgh , Aug. 30. The LIFE of George Buchanan , Written by Himself , Two Years before His Death . GEORGE BUCHANAN was Born in Lennox-Shire , ( commonly called the Sheriffdom of Dumbarton ) in Scotland , Scituate near the River , or Water of Blane , in the Year of Our Lord One Thousand Five Hundred and Six , about the First Day of February ▪ in a Country Town within that Shire ; of a Family rather Ancient than Rich. His Father died of the Stone , in the Flower of his Age ; whilst his Grandfather was yet alive , who being a Spend-Thrift , their Family which was but low before , was now reduced to almost the extremity of Want. Yet such was the frugal care of his Mother , Agnes Heriot , that she brought up Five Sons and Three Daughters , to Mens and Womens Estate . Of the Five Sons , George was One. His Uncle , Iames Heriot , perceiving his promising Ingenuity in their own Country Schools , took him from thence , and sent him to Paris . There he applied himself to his Studies , and especially to Poetry , either having a Natural Genius that way ; or else , out of Necessity , ( because 't was the only Method of Study , propounded to him , in his Youth . ) Before he had been there Two Years , his Uncle Died , and he himself fell dangerously Sick , and being in want beside , he was forced to return into his own Country . After his return to Scotland , he spent almost an year in taking care of his Health ; then he went into the French Army of Auxilliaries , newly arrived in Scotland , on purpose to obtain some Skill in the Art Military . But that Expedition proving Fruitless , the Army retreated in a very sharp and snowy Winter , so that he again relapsed into a Disease , which confined him all that Winter to his Bed. Early in the Spring he was sent to St. Andrews , to hear the Lectures of Iohn Major , who , though very old , Read Logick , or rather Sophistry , in that University . The Summer after , he accompanied him into France , and there he fell into the Troubles of the Lutheran Sect , which then began to encrease : He struggled with the Difficulties of Providence , almost Two Years , and at last was admitted into the Barbaran Colledge , where he was Grammar Professor , almost Three Years . During that time , Gilbert Kennedy , Earl of Cassils , one of the young Scotish Nobles , being in that Country , was much taken with his Ingenuity and Acquaintance , so that he entertained him for Five Years , and brought him back with him into Scotland . Afterwards having a Mind to return to Paris to his old Studies , he was detained by the King , and made Tutor to Iames his Natural Son. In the mean time , an Elegy made by him , at leasure times , came into the Hands of the Franciscans , wherein he Writes , That he was solicited in a Dream by St. Francis , to joyn himself to his Order . In that Poem , there were one or two Passages that reflected on them very sorely , which those Ghostly Fathers , notwithstanding their Profession of Meekness and Humility , took more heinously , than Men ( having obtained such a Vogue for Piety among the vulgar ) ought to have done , upon so small an occasion of Offence . But finding no just Ground for their immoderate Wrath and Fury , they had recourse to the common Crime of those Days , which they objected to those they wish'd ill to , viz. The Cause of Religion . Thus , whilst they indulged their Malice and Disgust , they made him , who was not well affected to them before , a greater Enemy to their Liceniousness , and rendred him more inclineable to the Lutheran Cause . In the mean time , the King , with Magdalen his Wife , came from France , not without the resentment of the Priesthood , who were afraid , that the Royal Lady , having been bred up under her Aunt , the Queen of Navar , should attempt some Innovation in Religion : But this fear soon vanished upon her Death , which followed shortly after . A while after , there arose some suspitions at Court against some of the Nobility , who were thought to have conspired against the King , and , in that matter , the King was persuaded , the Franciscans were somewhat concerned ; so that he Commanded Buchanan , who at that time was at Court , ( thô he were ignorant of the Disgusts , betwixt Him and that Order ) to write a Satyr against them . He was loth to offend either of them , and therefore , thô he made a Poem , yet it was but short , and such as might admit of a doubtful Interpretation , wherein he satisfied neither Party ; not the King , who would have had a tart and biting Invective ; nor the Fathers , neither , who lookt on it as a capital Offence , to have any thing said of them , but what was Honourable . So that receiving a Second Command to write more pungently against them , he began that Miscellany , which now bears the Title of the Franciscan , and gave it to the King. But shortly after , being made acquainted by his Friends at Court , that Cardinal Beton sought his Life , and had offered the King a Sum of Money , as a price for his Head , he escaped out of prison and fled for England . But there also things were at such an uncertainty , that the very same Day , and almost with one and the same Fire , the Men of Both Factions , ( Protestants and Papists ) were burnt together , Henry the Eighth , in his old Age , being more intent on his own Security , than the Purity or Reformation of Religion . This uncertainty of Affairs in England , seconded by his ancient Acquaintance with the French , and the innate courtesie of that Nation , drew him again into France . As soon as he came to Paris , he found Cardinal Beton his utter Enemy , Embassador there , so that to withdraw himself from his Fury , at the Invitation of Andrew Goveanus he went to Bourdeaux . There he presided , and Taught Three Years in the Schools , which were erected at the Publick Cost ; At that time he wrote Four Tragedies , which were afterwards occasionally Published ; But that which he wrote first , called the Baptist , was Printed last ; and then the Medea of Euripides . He wrote them in compliance with the Custom of the School , which was to have a Play wrote once a Year , that so by acting of them , he might , as much as he could calll back the French Youth from Allegories , with which they then were overmuch delighted , to the Imitation of the Ancients . This Affair succeeding , even almost beyond his Hope , he took more pains in compiling the other Two Tragedies , called Iephthe and Alcestis , because , he thought , they would fall under a severer scrutiny of the Learned . And yet , during this time , he was not wholly free from Trouble , being harassed between the Menaces of the Cardinal on the One side , and of the Franciscans on the Other . For the Cardinal had wrote Letters to the Archbishop of Bourdeaux , to apprehend him ; but , providentially , those Letters were delivered to some of Buchanan's Friends . However , the death of the King of Scots , and the Pestilence , which then reigned over all Aquitain , dispelled that Fear . In the interim , an Express came to Goveanus from the King of Portugal , requiring him to come into that Kingdom , and to bring with him some Men , Learned , both in the Greek and Latin Tongues , that they might Read the Liberal Arts , and especially , the Principles of the Aristotelian Philosophy in those Schools , which were then a Building , with a great deal of Cost and Expence . Buchanan , being addressed to , easily assented to go for one . For , whereas he saw that all Europe , besides , was either actually in Foreign or Domestique Wars , or else suddenly likely so to be , that one Corner of the World , was , in his Opinion , likeliest to be free from Tumults and Combustions : And besides , his Companions in that Journy were such , that they seemed rather his Acquaintance and Familiar Friends , than Strangers or Aliens to him . For many of them had been his Intimates for several Years , and are well known to the World by their Learned Works , as Nicolaus Gruchius , Gulielmus Garentaens , Iacobus Tevius , and Elias Vinetus . Upon which account , he did not only joyn himself to their Society , but also persuaded a Brother of his , called Patrick to be one of so Illustrious a Society . And the Truth is , the matter succeeded excellently well at the beginning , but the death of Andrew Goveanus , ( which hapned , as it were , in the midst of our Race , and was mature enough for himself , but very prejudicial to us ) put a stop to its happy Progress . For , after his Decease , all our Enemies , endeavoured at first to insnare us by Treachery , and soon after , ran violently upon us , as it were with open Mouth ; and their Agents and Instruments being great Enemies to the Accused , they laid hold of Three of them , and haled them to Prison ; whence , after a long and nasty durance , they were brought forth to their Answers ; and , after many bitter Taunts , were remanded to Prison again : and yet no Accuser did appear in Court against them . As for Buchanan , they insulted most bitterly over him , as being a Stranger , and knowing also , that he had very few Friends in that Country , who would either rejoyce in his Prosperity , sympathize with his Grief , or Revenge the Wrongs offered to him . The Crimes laid to his Charge , was the Poem he wrote against the Franciscans , which he himself before he went from France had deposited in the hands of the King of Portugal , neither did his Accusers perfectly know what it was : For he had given but one Copy of it to the King of Scots , by whose Command he wrote it . They further objected , His eating of Flesh in Lent , thô there be not a Man in all Spain , but uses the same Liberty : Besides , he had given shrewd Girds against Monks , which yet none but Monks could well except against . Moreover , they took it much amiss , that , in a certain Familiar Discourse with some young Portugal Gentlemn , upon mention made of the Eucharist , he should affirm ; That , in his Judgment Austin was more inclinable to the Party Condemned by the Roman Church , in that Controversie . There were also other Witnesses produc'd against him , ( as , some years after , it came to his Knowledge ) viz. Iohn Tolpin , a Norman , and Iohn Ferrerius of Sub-Alpine Liguria ; their Testimony was , That they had heard from divers Creditable Persons , That Buchanan was not Orthodox , as to the Roman Faith and Religion . But to return to the matter , after the Inquisitors had wearied both themselves and him , for almost an year and a half ; at last , that they might not seem to have causelesly vex'd a Man , of some Name and Note in the World , they shut him up in a Monastery for some Months ; there to be more exactly Disciplined and Instructed by the Monks , who ( to give them their due ) were Men , otherwise , not uncivil , or bad , though Ignorant of all Religion . 'T was principally at this time , that he rendred most of David's Psalms , into several sorts of Latin Metre . At last , he was set at Liberty , and suing for a Pass , and Accommodations from the King , to return into France , he was desired by him , to stay where he was , and he had a small parcel of Money bestowed upon him for his daily Expence , till some better Provision might be made for his Subsistence . But he , being tired out with delay , as being put off , to no certain time , nor on any sure Grounds of hope , having got the opportunity of Passage , in a Ship then Riding in the Bay of Lisbon , was wafted over into England . He made no long abode in England , though fair offers were made him there ; for he saw that all things were in an Hurry and Combustion , under a very young King , the Nobles at Variance one with another , and the Minds of the Commons yet in a Ferment , upon the account of their Civil Combustions . Whereupon he returned into France , about the time that the Siege of Metz was raised . There he was , in a manner , compell'd by his Friends , to Write a Poem concerning that Siege ; which he did , though somewhat unwillingly ; because he was loth to interfere with several of his Acquaintance , and especially with Mellinus Sangelasius , who had composed a Learned and Elegant Poem , on that Subject . From thence he was call'd over into Italy , by Charles de Cossé of Brescia , who then managed matters with prosperous Success , in the Gallic and Ligustic Countries about the Po : He abode with him and his Son Timoleon , sometimes in Italy , and sometimes in France , the space of Five Years , till the year of Christ One Thousand Five Hunderd and Sixty , the most part of which time he spent in the Study of the Holy Scriptures , that so he might be able to make a more exact Judgment of the Controversies in Religion , which in those days did Exercise the greatest part of Men. 'T is true , those disputes were somewhat silenced in Scotland , when that Kingdom was freed from the Tyranny of the Guises of France ; so he returned thither , and entered himself into the Church of Scotland . Some of his Writings , in former times , being , as it were , Redeemed from a Shipwrack , were Collected and Published by him : The rest of them , which are yet in the Hands of his Friends , he commits to the disposal of Providence . At present , being in the Seventy Fourth Year of his Age , he is in Attendance on the Education of Iames the Sixth King of Scotland , to whom he was appointed Tutor , in the Year One Thousand Five Hundred Sixty Five , where , being broken with the Infirmities of old Age , he longs for the desired Haven of his Rest. He departed this Life at Edinburgh , on the 28 th day of September , in the Year of our Salvation One Thousand Five Hundred Eighty Two. The Names of the KINGS of SCOTLAND . I. FErgus I. pag. 95. II. Feritharis , p. 97. III. Mainus , p. 98. IV. Dornadilla , Ibid. V. Nothatus , p. 98. VI. Reutherus , p. 99. VII . Reutha , p. 101. VIII . Thereus , Ibid. IX . Josina , Ibid. X. Finnanus , p. 102. XI . Durstus , Ibid. XII . Evenus , p. 103. XIII . Gillus , ( Base Born ) p. 104. XIV . Evenus II. p. 105. XV. Ederus , p. 106. XVI . Evenus III. p. 107. XVII . Metallanus , Ibid. XVIII . Caratacus , Ibid. XIX . Corbred I. p. 108. XX. Dardanus , Ibid. XXI . Corbred II. Sirnamed ▪ Galdus , p. 109. XXII . Luctacus , p. 111. XXIII . Mogaldus , p. 112. XXIV . Conarus , p. 113. XXV . Ethodius I. p. 116. XXVI . Satrael , p. 117. XXVII . Donald I. Ibid. XXVIII . Ethodius II. p. 119. XXIX . Athirco , Ibid. XXX . Nathalocus , p. 120. XXXI . ●indochus , p. 121. XXXII . Donald II. p. 122. XXXIII . Donald III. p. 123. XXXIV . Crathilinthus , Ibid. XXXV . Fincormachus , p. 125. XXXVI . Romachus , Ibid. XXXVII . Augusianus , p. 126. XXXVIII . Fethelmacus , p. 127. XXXIX . Eugenius I. Ibid. XL. Fergus II. p. 133. XLI . Eugenius II. p. 138. XLII . Dongardus , p. 144. XLIII . Constantin I. p. 145. XLIV . Congallus I. p. 147. XLV . Goranus , p. 148. XLVI . Eugenius III. p. 154. XLVII . Congallus II. p. 155. XLVIII . Kinnatellus Ibid. XLIX . Aidanus , Ibid. L. Kenneth I. p. 158. LI. Eugenius IV. Ibid. LII . Ferchard I. Ibid. LIII . Donald IV. p. 159. LIV. Ferchard II. p. 160. LV. Maldvinus , Ibid. LVI . Eugenius V. p. 161 ▪ LVII . Eugenius VI. Ibid. LVIII . Amberkelethus , p. 162. LIX . Eugenius VII . Ibid. LX. Mordacus , Ibid. LXI . Et●nus , p. 163. LXII . Eugenius VIII . Ibid. LXIII . Fergus III. Ibid. LXIV . Solvathius , p. 164. LXV . Achaius , Ibid. LXVI . Congal●us III. Ibid. LXVII . Dongal●us , Ibid. LXVIII . Alpinus , Ibid. LXIX . Kenneth II. p. 167. LXX . Donald V. p. 172. LXXI . Constantin II. p. 174. LXXII . Ethus , p. 175. LXXIII . Gregory , Ibid. LXXIV . Donald VI. p. 78. LXXV . Constantine III. p. 179. LXXVI . Malcolm I. p. 18● . LXVII . Judulfus , Ibid. LXXVIII . Duffus , p. 182. LXXIX . Culenus , p. 184. LXXX . Kenneth III. p. 187. LXXXI . Constantine IV. Sirnamed , The Bald. p. 196. LXXXII . Grimus , p. 19● . LXXXIII . Malcolm II. p. 200. LXXXIV . Donald VII . p. 207. LXXXV . Macbeth , p. 211. LXXXVI . Malcolm III. p. 224. LXXXVII . Donald Banus VIII . p. 220. LXXXVIII . Duncan , Ibid. LXXXIX . Edgar , p. 221. XC . Alexander I. Sirnamed , Acer , Ibid. XCI . David I. p. 222. XCII . Malcolm IV. p. 227. XCIII . William , p. 231. XCIV . Alexander II. p. 237. XCV . Alexander III. p. 240. XCVI . John Baliol , p. 250. XCVII . Robert Bruce , p. 261. XCVIII . David II. p. 282. XCIX . Edward Baliol , p. 286. C. Robert II. p. 306. CI. Robert III. p. 223. CII . James I , p. 338. CIII . James II. p. 359. CIV . James III. p. 396. CV . James IV. ( p. 1. ) CVI. James V. ( p. 73. ) CVII . Henry Stuart , ( p. 28. ) and Mary Stuart , ( p. 175. ) CVIII . James VI. ( p. 214. ) THE HISTORY OF SCOTLAND . BOOK I. WHen I first determined to Write the Famous Atchievements of our Ancestors , and , after I had purged them from the mixture of vain Fables , to vindicate them from oblivion ; I thought it conducive to my purpose , to repeat from the very beginning , ( as much as so long a distance of Time ; and first the scarcity , then the loss , of Learned Monuments , would permit , ) What the situation of the Countrys were ; What was the nature of the Soil and Air ; What were the ancient Names and Manners , and Who were the first Inhabitants , of the Islands , called of old , Britanny ; which are extended between Spain and Germany , in a long Tract of Land toward France . Albion and Ireland , Two of them , do far exceed the rest in Bigness , and therefore of these Two I shall speak first ; afterwards , as conveniency serves , I will explain the site and the Names of the rest . The first , for bigness , is Albion , That now alone retains the Name of Britain , which was heretofore common to them all . Concerning its breadth and length , other Writers do , in effect , agree with Caesar , namely , that the length of it from North to South is 800 miles ; and the breadth , where it is widest , which is ( as some think ) where it looks towards France ; or , ( as others say ) from the point of St. Davids in South-Wales , to Yarmouth in Norfolk , almost 200 miles ; From thence it narrows by degrees , till we come to the borders of Scotland . The Romans , who , as yet , knew not the furthest parts thereof , believed the Island to be Triangular , but when they proceeded a little further , they found , that beyond Adrian's Wall , it extended it self broader by degrees , and ran out far towards the North-East . This in brief , concerning its bigness . The Climate of Britain is more temperate than That of France , as Caesar affirms , but the Climate of I●eland i● milder than them both . The Air thereof is seldom clear , but commonly darkened with thick Mists , the Winters are mild enough , rather Rainy than Snowy . The Soil brings forth Corn plentifully , and , besides Corn , it produceth all sorts of Metals . It is also very fruitful in Breeds of Cattle . They , who inhabit the extream parts of the Islands , which are more infested with cold , do eat Bread made of Oatmeal ; and , for Drink , they use a Wine or Strong Liquor made of Corn steeped into Malt : Some do boil Whey , and keep it in Hogsheads under Ground for some months , which is counted , by many of them , not only an wholesom , but a very pleasant , Drink . There was no Controversy concerning the Name of Britain amongst the Ancients , except that the Greeks call'd it Brettania , the Latines , Britannia . Other Nations have their Appellation of it , some one , some 'tother , at their pleasure . But of late some Men have started up , not so much desirous of Truth as of Contention , who hoped to make themselves Famous by Carping at other Eminent Persons ; for they imagined , that they must needs obtain a great opinion of Learning amongst the Vulgar , who dared to enter the Lists against , and to Combate with , all Antiquity ; And though the Dispute were of a thing of no great consequence , yet , because it concerned the very name of their Country , they thought it worth contending for , with all their might , as if all the Ancient Glory of the whole Nation had lain at stake . They say , that three ancient Names of the Island have their several Assertors , viz. Prudania , Prytaneia , and Britannia . Lud contends with might and main for Prudania ; Thomas Eliot , a British Knight , for Prytaneia , but very modestly ; almost all other Nations do retain the Name of Britain . Lud , to maintain his Assertion for Prudania , useth the Authority of a certain old Paper-Fragment , which rust , mouldiness , and length of time ( and nothing else , ) have almost made Sacred , with him . Tho' he counts that proof firm enough of it self , yet he strengthens it by Etymology ; by the Songs of the Bards ; by the custom of the Country-Speech ; and by the venerable rust of Antiquity . But , in the first place , I ask him ; Whence came that Fragment , on which he lays the stress and weight of his Cause ? When was it writ ? Who was the Author of it ? Or , what says it , that makes for his Assertion ? Concerning the Name , the Time , the Author , all these ( may he perhaps allege , ) are uncertain , which proves , ( he thinks ) the Antiquity thereof . An Excellent Proof , indeed ! where the Certainty , Credit and Authority of the Testimony doth depend on Ignorance , Meanness , and Obscurity ; And that which is assumed to explain the matter in controversy , hath more intricacy and weakness in it , than the Cause , which it is brought to maintain ▪ Who then gives Testimony in this case ? I know not , ( says he . ) What then does he pretend to in lieu of a Testimony ? I know not that neither , ( replies 〈◊〉 ) but this I have heard , that , in that Fragment , it is called Prudania . But , prithee , tell me , what is that Prudania ? Is it a Mountain , or a River ? A Village , or a Town ? A Man , or a Woman ? Here I am posed too , ( says he ; ) but , I conjecture , that Britain is signified by that Name . Go too , then , let Prudania signifie Britain . Yet what doth this thy Fragment make for thee ? I would ask this Question of thee ▪ Whether it affirms Prudania to be the true Name of the Island , or else doth not rather upbraid their Ignorance , who ascribe that false Name to it ? Here too I am Nonplust , ( says Lud ▪ ) but this I am certain of , that here is the sound of a British word , and the force of the British Language doth appear , even in the very 〈◊〉 thereof . For Prudania is , as it were , Prud●ania , which is in British Excellent Beauty , from P●●d , signifying Beauty , and Cam , White : The asperity of the Word being somewhat mollified . But for that reason , it should be called Prudcamia , not Prudania , which Word the Bards do pronounce Pruda , in their Country Speech . I shall not here speak , how trivial , deceitful , and oftentimes ridiculous , this Enquiry after the Original of Words is . I pass by Varro , and other Learned Men , who have been often derided upon this account : I omit also the whole Cratylus of Plato , wherein he is guilty of the same fault . I will only affirm this , that , before equal Judges , a Man may more easily prove , that the Word Cambr● is derived from Canis and Brutum , a Dog and a Brute , than you shall persuade me , that Prudania comes from Prudcamia . For by this means you may derive Quidlibet ● Quolibet , as you please . And indeed , Lud himself shews , what little confidence he puts in his own proofs , when he calls in the Bards to his Aid , a race of Men , I grant indeed , very ancient , but yet Antiquity affirms , they committed nothing to Writing . But of these I shall speak more elsewhere . Let us now come to the last refuge of Lud : Caesar , says he , who first mentioned the Name of this Island in Latin , called it Britain , whose Steps almost all Latin Writers having trod in , did not change the said Name . Here Lud begins with a Notorious mistake ; That Caesar was the first of the Latins , who called it by the Name of Britain ; for , before ever Caesar was born , Lucretius makes mention of Britain ; and Aristotle , amongst the Greeks , long before him ; and Propertius , not long after Caesar , when he saith Cogor & in Tabula pictos ediscere Mundos , I am compelled in a M●p , To learn the pictur'd World's Shape , shews thereby , that , in his Age , the Description of the World in Maps , was wont to be fastned to the Walls of Mens Houses : I would ask your self , Sir , do you indeed think , that Caesar , who was so well-skilled in all sorts of Learning , did never see the Description of the World ? Or , can you be persuaded , that the Island of Britain alone , the greatest in the whole World , then so famous both in the Latin and Greek Monuments , was omitted in those Maps ? Or , do you beleive , that Caesar , who was so inquisitive to know the Affairs of Britain , as , What Men did Inhabit that Country , then , and before his time ; What Animals and Plants did grow , or were bred , therein ; What were the Laws and Customs of the Country , do you , I say , beleive , that he , who had been so solicitous about those things , would have neglected to set down the Name of the whole Island ? Or , that he , who , with so great Faithfulness and Diligence , gave right Names to the Cities of the Gauls , would deprive the Britains of their Ancient Glory ? Upon the whole , I see no reason at all , why Lud should think , that the old Name of the Island was Prudania , ( for he values himself much on the account of this Title , ) unless Words do also contract Antiquity from the rust of a Worm-eaten Paper . This is all I have to say against Lud , at present , who by home-bred Witnesses , and by his own Dreams together , hath thought fit to oppose himself against the current verdict of all the Learned Men , that now are , or ever have been , in the World. As for Sir Thomas Eliot , my task will be easier with him ; he , being induced not only by probable conjectures , but also by some , not obscure , Authors , thinks , that the Island was sometimes called Prytaneia . He judged it not improbable , that an Island abounding with plenty of all things , not only for the Necessities , but even the very Ornaments , of Life , should be so called . In this case , if we should weigh the reason of Names , Sicily might be rather called Prytaneia , and some other Islands also , which are , as more Fruitful , so far less in compass , than Britain . Besides , in those Authors , by whose Testimony the Name Prytaneia is confirmed , it easily appears , that the Orthography is vitiated . As for Stephanus , there is the highest inconstancy in him . In the Word Albion , he says , that That is the Island of Brettain , following Martian therein , as he alleges . In the Words Invernia and Inverna , it is writ Praetanica . Elsewhere , says he , in the Ocean are the Brettish Islands , whose Inhabitants are called , Brettains . But Martian and Ptolomy , in these Words , make P the first Letter ; if any one compare the places , without doubt , he will find , that the Writing is corrupted , and that Stephanus himself was of opinion , that Brettania ought to be writ by B the first Letter , and two tt's . Eliot , I believe , was not ignorant of this , and therefore , being content to advise his Reader , as much as he thought fit , what things Men , greedy of Praise , will scrape together for the Ostentation of their Learning , he leaves the matter in dispute intirely to his Judgment . But ▪ Lud , that you may know his disposition more fully , of the Three Names of this large Island , approves That most , which hath the fewest Assertors , viz. Prudania ; next to that , he commends Pry●aneia . But he rejects Britannia , which Name was now famous thr●●gh all Nations , and celebrated both in Greek and Latin Monumen●● , ( as Pliny affirms , ) as corrupted by Iulius Caesar , and that a long time after , whom he falsely affirms , ( as hath been said ) to have first mentioned the Name of Britannia in Latin , and that he drew others with him into the same Errour . But I can prove the Antiquity of the Word Britannia , by many clear and ample Testimonies , i● that were the matter in dispute ; and that it was not corrupted by Cae●ar , but delivered down to us , pure from Hand to Hand , by our Ancestors , save that the Ancients were wont to write it with a double T. T. ( Brittania ; ) And therefore it was , as I suppose , that Lucretius made the first syllable of the word Bretain long in Verse ; but now the Latins leave out one T , which is still retained in the word Britto . The Greeks , who write Brittania , come nearest to the Pronunciation of the Country-Speech , which the Britains themselves , and all their Neighbours , do yet retain . For the Neighbouring Gauls call all British Women Brettae ; and Bretter , with them , is to speak British ; and a Promontory in Aquitania is commonly called Cape-Bretton ; and both sorts of Scots , ( i. e. ) both the Albians , and the Hibernians , do so speak ; only with this difference , that they who do delight in the German Dialect , do sometimes use the Transposition of Letters , and pronounce Berton for Breton . But Dyonysius Af●r in that Verse . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Where , mentioning the Bretanes to inhabit near the cold Surges of the Ocean , in putting away one T , in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , he hath used a Poetical Liberty , ( as he hath also done in the word 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ) by eliding the Letter . Here the consent of so many Nations , almost from the very beginning , both among themselves , and with the Ancients , both Greeks and Latins , shall be of greater accompt with me , than all the Hodgepodge Trash of Lud , raked by him out of the Dunghil , on purpose to be ridicul'd , and preserved only for ignominy ; and , though they have a confident Patron , to urge them to give in a false Testimony against Antiquity , yet they have not yet dared , to appear , as it were , in open Court. Let him shew , if he can , what Author ever wrote Prudania , before Aristotle : Let him turn and wind himself , as he please , he will never be able to do it ; seeing , some Ages after Aristotle , 't is certain , That the Bards committed nothing to Writing . Away then with that ( shall I say ? ) vain-glorious , or not rather witless , Boast of Antiquity , of which no Argument , no Footstep , no nor the least Print of any , can be found . Amidst this disagreement of Opinions , and the diverse manners and customs of Speech ; Lud thinks it most adviseable , always to look to Antiquity , and the Country-manner of Speech , as a Pole-Star , and , by That , to direct the whole course of his Language : For my part , I would not much dissent from him , if that , which was in ancient use , and therefore thought certain , might be always observed and kept . (a) But there are several Reasons why that cannot be done . First , Because , in every Language , 't is very difficult to find out the (b) Original Words ; and therefore 't is more adviseable , in this case , to follow the Custom of the Learned , than by a vain and ridiculous Labour , always to search after Originals , as after the (c) Fountain of Nilus , especially , since the Original of Words depends not on the Judgment of the Wiser sort , but on the pleasure of the Vulgar , who , for the most part , are rude and incult , and therefore anxiously to inquire after their Judgments , is a piece of needless Curiosity ; and , if you should find out what they mean , it would not be worth your Labour . For , as in the Generation of all other Things , which either grow naturally of themselves , or else are invented by Men for the use of Life ; the First Embryo's are very imperfect , and come forth less acceptable , not only for Use , but even for Sight ; yet afterward , by Culture , they wax gentle , and are made amiable by due Treatment : ' ●is so in Language , which , taking its first Rise from Men rude and impolite , came forth harsh , rugged , and uncouth ; then , by use , it gradually puts off its natural Horror and Unpleasantness , becoming more gentle and sweeter to the Ear , and more easily insinuating into the mind of Man. And therefore , in this case , ( if in any case at all ) I think something is to be indulged to the Custom of Men more polite than others ; and that such a pleasure , which is neither uncomely nor ungraceful , as far as it is not hurtful to Mens Manners , is not to be despised . But if any one be born under such an ill Constellation , that he rather affects the Language of Cato and Ennius , than of Cicero and Terence ; and when Corn is found out , yet had rather feed on Mast still , my Vote is , Much good may it do him . But this our present dispute is not concerning the Purity and Elegancy of the Latin Tongue , for it nothing affects It , to know , how the Britains did heretofore sound forth their Letters or Words : My whole endeavour is , to shew , how the Latins pronounced the British , not how the British pronounced the Latin , Tongue . For my part , I had rather be ignorant of the doting Fables of the old Britains , than to forget that little of the Latin Tongue , which I imbibed , when I was a Youth . And there is no other cause , why I take it less in disdain , that the old (d) Scotish Language doth by degrees decay , than that , thereby , I joyfully perceive those barbarous Sounds , by little and little , to vanish away , and , in their place , the sweetness of Latin Words to succeed : And in this Transmigration of Languages , if one must needs yield to another , Good-now , of the Two , let us pass from Rusticity and Barbarism , to Culture and Humanity ; and , by our Choice and Judgment , let us put off that uncouthness which accrued to us by the Infelicity of our Birth . And if our Pains and Industry can avail any thing in this case , let us bestow them all this way , viz. To polish , as much as we can , the Greek and Latin Tongues , which the better part of the World hath publickly received ; and , if there be any Soloecisms or Flaws sticking thereto , from the Contagion of Barbarous Languages , let us do what we can to purge them away . Besides , this over-anxious diligence about Foreign Names , especicially in transferring them into another Language , can never be kept , neither is it expedient that it should : For what Language hath not these Letters and Sounds , which cannot fully be expressed by the Characters of another Tongue ? What Nation , besides the German , can pronounce the Letter (e) W ? Who can give that sound to the Letters D. G. P. T. X. and Z. in Latin , which the Spaniards , the Britains , and part of the Scots , do ? Because of this absurdity of Sound , as I suppose , it is , that * Pliny , reckoning up the Cities of Spain , denies , that some of them can be well pronounced in the Latin Tongue : Some he calls Ignoble , and of Barbarous Appellation ; Others , he says , cannot be so much as named without grating the Ear. What , I beseech you , would Lud do in this case , if he were to write the History of Britain in Latin ? With all his rust of Barbarism , I believe , he would scarce know how to pronouce the Genuine Names of the Brittons . For seeing he vexes himself so much how he should write Lud , either Lhuyd , or Llud , or else bare Ludd , neither of which can be writ , pronounced , or heard amongst Latinists without regret . If he retains the true Sound , he will make not a Latin , but a Semi-Barbarous Oration . But if he bend Foreign Words to the sound of the Latin , he will commit as great a Trespass , as Caesar is said to have done in the Word Britannus . What then shall we do , to please so captious and so morose a Person , as Llud ? Shall we call the Island Prudania , rather than Britannia ? Lud himself , who is so severe a Censor of others , will not exact this of us : He will permit it to be called Prudania , from Pruda . But if any one dare to pronounce and call it Britannia , or Brettannia , he 'll lay about him , and accuse him presently of violating Sacred Antiquity , of corrupting and contaminating the Ancient and Sincere Language ; and , from a Robust and Masculine sound , of turning it into an Effeminate and soft Pronunciation . What shall we do in this case ? Is it lawful for us to change or cleanse any Word from the uncouthness of its ancient Deformity ? Or , if we may not change , yet , pray , may we not polish some rough Words , and incline them a little from their incult Barbarity , that they may become more acceptable to Mens Ears ? As we see our Ancestors have done in the Words * Morini , Moremarusa , and Armorici ; so that if we cannot make those Words Latin-Denizons , yet at least , we may imitate the Garb and Similitude of the Latin , in them . But , I see , Lud will not allow us that Liberty . He calls us back to the August Antiquity of the Prudany's , and forbids us to divert in the least from Bards and Sanachys . But the Ancient Greeks and Latins were never so strait-laced : For , after that the rigor of their Ancient Speech began a little to remit , there was none amongst them , who had rather pronounce Famul and Volup , than the Words which were substituted in their rooms ; and they used a very great Liberty in Translating Latin Words from Greek , and Greek from Latin. Whoever blamed the Latins , for turning Polydences into Pollux , Heracleis into Hercules , Asclepios into Aesculapius ? Or , who hath reproved the Greeks , for calling Catulus , Catlus ; and Remus , Romus ? Nay , What did the Greeks do , in Translating Barbarous Words into their own Language ? Did they ever make any scruple to turn Al , a Punick Termination , into As , in the end of Words ? If a Man pronounce Annibas for Annibal , must he ( forsooth ) presently tread under foot the Majesty of all History ? Must he be said to corrupt the Truth , or to do a Notorious Injury to the Punick Language ? See , how the desire of Humanity and Culture , which was amongst the Ancient Saxons , and the Danes , who passed over later into Britain , doth differ from this Immanity , and affected Slovenliness , of Lud ! They , being rude and ignorant of all Learning , when they came to Men barbarous , and of a stammering Speech , were so far from suffering themselves to be infected with their Soloecisms ; that , on the contrary , when they had once tasted of the sweetness of the Latin Tongue , they pared off much of the roughness which they had brought upon it : They so smoothed some harsh Words , as to make them less offensive to the Ear , such as are Oxonia and Roffa , for Oxonfordia and Raufchestria , and many others , Lud himself not contradicting . And he allows himself the same Liberty in many other Words , though he be so severe an Exactor in this one Word Britannia . But now , he doth pertinaciously contend against the Ancient Custom of all Nations , for a new , obscure , and uncertain Word . Sure it is , that the Royal Name of Lud , of a Danish Original , and kept as a Palladium to this very Day , may not be buried in Oblivion . To prevent which , Lud manages a Contest against the consent of the Multitude , the Antiquity of Time , and even against Truth it self . There is yet also another Observation in the Word (f) Britannia , That Foreign Writers make it the Name of the whole Island ; but the Britains and English , who have wrote the British History , sometimes agree with Foreign Writers , in their Appellation of it ; and sometimes they call only that part of the Island Britain , which was a Roman Province ; and that variously too , as the event of War changed the Borders ; sometimes they made the Wall of * Adrian , sometimes That of Severus , to be the Limits to their Empire : The rest , which were without those Walls , they sometimes termed Barbarous , sometimes Outlandish , People . Bede , in the beginning of his first Book , writes thus : Wherefore the Picts , coming into Britain , began to Inhabit the North Part of the Island ; for the Britans Inhabited the South . He says also , Chap. 34. Aidan was King of the Scots , who Inhabit Britain . And Lib. 4. Chap. 4. writing of the return of Colman out of England into Scotland , he says , In the mean time Colman , who was of Scotland , leaving Britain : And elsewhere , Then they began for many Days , to come from the Country of Scotland into Britain . And farther , Oswald was slain near the Wall that the Romans had built , from Sea to Sea , to defend Britain , and to repel the Assaults of the Barbarians . The same Form of Speech is found in the same Author , Lib. 2. Chap. 9. Claudian doth not seem to be ignorant of this manner of Speech , peculiar to the Britains , when he writes , That the Roman Legion , which curbed the Fierce Scot , lay between the Britains ; i. e. opposite to the Scots , that it might cover the Britains from their Fury , in the farthest part of England , and Borders of Scotland . William of Malmsbury , and Geoffry of Monmouth , none of the obscurest Writers of British Affairs , do often use this kind of Speech , in whom a Man may easily take Notice , that That only is called Britain , which is contained within the Wall of Severus . Though this matter be so clear to them , than no Man can be ignorant of it , yet it hath produced great mistakes amongst the Writers of the next Age , what some have affirmed in their Works , i. e. That Alured , Athelstan , and some other of the Saxon Kings , did sometimes Reign over the whole Island , when yet , 't is clear , they never passed beyond the Wall of Severus . For when they Read , That they held the Empire of all Britain , they presently thought , that the whole Island was possessed by them . Neither is the Observation much unlike , in the use of those Names Britannus and Britto ; for all the old Greek and Latin Writers ca●l the whole Island Britannia , and all its Inhabitants Britains , without any distinction . The first , that I know , of the Romans , who called them Brittons , was Martial , in that Verse , Quam veteres bracchae Brittonis pauperis . — The old Trouses of Britton poor . The Vulgar commonly call the Inhabitants of the Gallick Peninsule , Brittons , though Gregory * Turonensis always calls it Britain , and its Inhabitants Britains . The Romans do constantly call their Provincials Britains , though their Provincials themselves like the Name of Brittons well enough . Both Names have one Original , viz. Britannia : and , as they both flow from one Root , so they both signifie one and the same thing . And that the Verses of * Ausonius the Poet do plainly shew . (g) Silvius ille bonus , qui carmina nostra lacessit : Nostra magis meruit disticha Britto bonus . 'T is Silvius Bonus , whom my Disticks blame ; But Britto Bonus were his Prop'rer Name . Silvius hic bonus est . Quis Silvius ? Iste Britannus . Aut Britto hic non est Silvius , aut mal●s est . Silvius is good . What Silvius ? The Britain . Silvius no Britton is , or a bad one . Silvius esse Bonus Britto , ferturque Britannus , Quis credat civem degenerass● lonum ? Silvius Bonus , a Britan or Britton , How he degen'rates from good Denizon . Nemo bonus Britto est . Si simplex Silvius esse Incipiat , simplex desinet esse bonus . No Britton's good : If Silvius 'gin to be Simple , simple and good do not agree . Silvius hic bonus est : Sed Britto est Silvius idem . Simplicior res est dicere , Britto malus . Silvius is Bonus : Yet a Britton still . 'T is plainer Phrase to say , the Britton's ill . Silvi , Britto Bonus , quamvis homo non bonus esse Ferris , nec se quit jungere (h) Britto bono . O Silvius , bonny Britton , but bad Man ; Britton and good , together joyn , who can ? They who contend , that the Britains were a Colony of the Gauls , do say , that Hercules begat a Son on Celto , a Gallick Virgin , called Britannus , from whom the Nation of the Britains had their Original . Pliny placeth this Nation near to the (i) Morini , the (k) Atrebates , and the (l) Gessor●aci . Neither are there wanting some Greek Grammarians to confirm it ; as Suidas , and he who wrote the Book called Etymologi●um Magnum . C. I●lius Caesar , and C. Cornelius Tacitus , seem to have been of the same Opinion ; and so do other Latin Writers also , not unlearned , yet not so famous as those two . Besides , the Religion , Speech , Institutions and Manners of some Nations , inhabiting near the Gallick Sea , do evince the same thing ; out of which the Britains seem to me to have been exhausted by Transmigrations ; and the Morini by little and little to have been quite extinguished . The Word Morinus seems to draw its Etymologie from (m) More , which , in the old Gallick Tongue , signifies the Sea. Venta , called in old Latin , Venta Belgarum , ( because Inhabited by the Gallo-Belgae ) i. e. Winchester ; and (n) Icenum derived from (o) Icium , these Names make it very probable , that their Colonies Transported with them into a Foreign Soil their own Country Terms in the place of a Sirname ; and at their very entrance , meeting with the Britains , whom they acknowledged to be their Off-spring , they brought them home , and did , as it were , entertain them at their own Houses . For Morinus amongst the old Gauls , signifies (p) Marinus : And Moremarusa , Mare Mortuum : Though Gorropius hath almost stoln from us those two last Names , whilst he is studious to extol his (r) Advatic● beyond measure . Neither can the (s) Aremorici , or Armorici , deny that they are of our Stock ; for we have ample and clear Testimonies , both old and new , as Pledges thereof . Because Ar , or Are , is an old Gallick Preposition , which signifies At , or Vpon ; as if we should say , At or Vpon the Sea ; i. e. Maritime . And Moremarusa is derived from More , i. e. Mare , the Sea , the last Syllable being long , after the manner of a Greek Participle . As for Aremorica , or Armorica , ( he which shall not know them at first hearing , is wholly ignorant of the old Gallick Tongue ) they also signifie Maritime , and so Strabo Interprets them , who in Greek always renders them (t) Ap●ceanita Caesar writes thus of the Armori●ks , Lib. 5. That great F●●ces of the Gauls , out of the Cities called Armoricae , were gathered together to oppose him . (q) And Lib. 7. Out of all the Cities near the Ocean , which , according to their Custom , are called Armoricae . And Lib. 8. And the other Cities situate in the extream parts of France , near the Sea , called Armoricae . As often as Caesar makes mention of these Cities , he always adds , Which are so called ; but he so adds it , that it rather seems an Epithet , or Sirname of a place , than its proper Name . Neither is That found to be the Name of a City in any other Authentick Writer ; yet that Word is spread far and near in that Coast , viz. from Spain to the Rhene : And amongst all Writers , I find Pliny alone to seem not to understand the force of the Word ; for he thinks , that all (u) Aquitain was sometimes so called . But enough of it at present , more may be said of the Gallick Tongue hereafter . The most Ancient Name of the Island is thought to be Albion ; or , as Aristotle , or rather Theophrastus , in the Book Intituled , De Mundo , writes it (w) Albium . But that Name is rather taken out of Books , than used in common Speech , unless amongst the old Scots , who , as yet , call themselves Albinick , and their Country Albin . Many think , that the Name was imposed on it , because the White Rocks did first appear to them , as they Sailed from France . But it seems to be very absurd to me , to fetch the Original of a British Name from the Latins , there being then so rare a Commerce between Barbarous Nations . Others are of Opinion , That the Name was imposed by (x) Albion the Son of Neptune , whom they feign to have been sometimes King of Britain : A bold Fiction , and having no ground from Antiquity to support it ; yet some are not ashamed to name the Kingdom so , upon so weak a Foundation as That of a near Appellation . For I see no other Foundation in History , which might occasion this Fable . Amongst the Greeks , 't is true , Diodorus Siculus and Strabo have made mention of Albion and (y) Bergion ; of the Latins , Cato , Hyginus , and Mela , from whom we may gather , That Albion and Bergion , the Sons of Neptune , being (z) Ligurians , infested the High-Ways with Robberies , which lead from the Country of the (a) Albicans into Italy . These Men , when Hercules , after he had Conquered G●ryon , was returning out of Spain , sought to Rob him of his Prey , and maintained so sharp a Fight with him , that he , being almost desperate , ( as old Story says , ) was forced to implore the Aid of Iupiter , who sent down a showr of Stones , to relieve his Son ; and that the Field of Stones remained to Posterity as a Testimony of that Fight . I will not deny , but that both the Island , and the Robber too , took its Name from (b) Album . But this I say , That Album was a common Name amongst many Nations , and that it signified , with them , not only Colour , but Height too . And Festus Pompeius affirms , that what the Latins call Alba , the Sabins call Alpa , from whence the Alps had their Name , because they are white with continual Snow . For my part , as I assent concerning the one , that Album and Alpum were Synonymous amongst the Ancients , and I have the Authority not of Festus only , but of Strabo also , to support my Opinion ; so I also judge , the Alps were so called , rather from their Height , than their Whiteness . My Reasons are , First , Because Alba is the Name of many Cities in Italy , France and Spain , which are all situate on Hills , or near them : And besides , because Strabo acknowledges , that those Names , Alba , Alpa , Alpia , Albionia , Albici , without any difference , are derived from the same Root , in the Signification of Height ; and therefore he shews , That they are most used , where the Alps begin to grow high . Hence , in Liguria , there is (c) Albingaunum , and (d) Albium Inti●elium ; and among the (e) Iapodes , there is an high Hill , where the Alps do end . There are other Places , which may seem to be named from their height . In Italy there is the River (f) Albula , rising in the Mountains of Etruria , and the Waters called Albulae flowing down from the Tiburtine Mountains . In Gallia Narbonensis there are the Albici , a Mountainous People . In Germany there is the River (g) Albis , arising from the Mountains of Bohemia . In Asia , the River (h) Albanus flows down from Mount Cauc●sus , and the Albanians dwell about the same Mountain . By which Instances , it will appear to be a Truth , That Album is not a Word of one , but many Nations , and in all the Places which I have named , their height doth not render them always , or unchangeably , White ; yea , some Months they are not White at all . The Names of the Ligurian Giants do also confirm this Conjecture , Albion and Bergion , both of them , as I judge , being named from their Talness . What the Ancients thought of the Word Album , I have said enough . That the Germans call (i) High , Berg , is known to all : And there is a place in Pliny that shews , it was anciently used in the same sense amongst the Gauls , in his Third Book , which I am of Opinion must be thus read ; Whence Cato affirms , the (k) Bergomates to have had their Original , they discover themselves by their Names to be situated more highly , than happily ; Therefore Albion and Bergion , Men , it seems , far taller than their Neighbors , in confidence of their Strength , did commit Robberies in those Coasts of Liguria , whom Hercules , travelling that way , subdued by force of Arms. But none of the Ancients ever affirmed , That they Reigned in Britain , and the then State of the Gallick Affairs makes it very improbable , that it should be so ; and it is likely , that the State of Britain was not much more quiet ; in which Land , the Great Albion left a Famous Kingdom , that he might play the Robber at Home . But I , though I do not much differ from their Opinion , who assert , That Albion was so called from Album , so I think , the occasion of the Name was not from the Colour , but from the Height , of the Mountains : They , who imposed that (l) Name , were , I believe , something inclined thereunto by comparing England with Ireland , there being but a Narrow Sea between Them : For they seeing one Shore to be altogether Mountainous , and the other depressed , level , and spread into Campagne or open Fields , they called the first Albion , from its height : But whether they gave any Name to the second , from its low Situation , the Length of Time , and the Negligence of the Inhabitants in Recording Ancient Affairs , hath made uncertain . Besides , this also adds Strength to my Opinion , That the Name of the Island , derived from Album , whether Albion , or Albium , as yet pertinaciously remains in (m) Scotland , as in its Native Soil ; neither could it ever be extirpated there , notwithstanding so many Mutations of Inhabitants , Kingdoms , Languages , and the Vicissitude of other things . These things seem true , or at least probable , to me ; yet if any Man can inform me better , I will easily be of his Opinion . Hitherto of the Ancient Names of the Island : The next thing , is , To explain the (n) Situation of the Countries . The English Writers have plainly and clearly enough described their own several Counties : But (o) Hector Boetius , in his Description of Scotland , hath delivered some things not so true , and he hath drawn others into Mistakes , whilst he was over-credulous of those , to whom he committed the Inquiry after Matters , and so Published their Opinions , rather than the Truth . But I shall briefly touch at those things which I am assured of , and those which seem obscure and less true , I will correct as well as I can . (p) England , as far as concerns our present purpose , is most conveniently divided by Four Rivers , Two running into the Irish Sea viz. d ee and Severne ; and Two into the German Sea , i. e. Thames and Humber . Between Dee and Severne lies Wales , being distinguished into (q) Three several Regions . Between Severne and Thames , lies all that part of England , which is opposite to France . The Countries interjacent between Thames and Humber , make the Third Part ; and the Countries reaching from Humber and Dee , to Scotland , make up the Fourth . But (r) Scotland is divided from England , first , by the River Tweed ; then , by the high Mountain Cheviot ; and where the Mountain fails , then by a Wall or Trench newly made , and afterwards by the Rivers Eske and Solway . Within those Bounds , from the Scotish Sea to the Irish , the Counties lies in this Order . First , (s) M●rch , in which the English do now possess Berwick , situate on the left side of the Tweed . On the East it is bounded with the Firth of Forth . On the South , with England . On the West , on both sides the River Tweed , lies (t) Tiviotdale , taking its Name from the River Tiviot : It is divided from England by the Cheviot-Hills . After this , lie three Counties not very great , (u) Liddisdail , (x) Eusedail , and (y) Eskdail , being so called of three Rivers , which have a near Appellation , viz. Lidal , Eue , and Eske . The last is (z) Annandale , taking its Name from the River Annand , which divides it almost in the middle , and , near to Solway , runs into the Irish Sea. Now to return again to (a) Forth , on the East it is bounded by Lothian . Cockburnes Path , and Lamormoore-Hills do divide it from Merch. Then , bending a little to the West , it touches (b) Lauderdale and Twedale ; the one so called from the Town Lauder ; the other from the River Tweed , dividing it in the middle . (c) Liddisdale , Nithisdale , and Clidesdale , do border on Twedale on the South and West . The River Nith gives Name to Nithsdale , running through it into the Irish Sea. (d) Lothian was so named from Lothus , King of the Picts . On the North-East it is bounded with the Forth , or Scotish Sea , and it looks towards Clidesdale on the South-West . This Country does far excel all the rest , in the Civility of its Inhabitants , and in plenty of all things for the use of Life . It is Watered with five Rivers , ●ine , both the Eskes , ( which before they fall into the Sea , joyn in one Chanel , ) Leith and Almond . These Rivers , arising partly from the Lamormoore-Hills , and partly from Pentland-Hills , disgorge themselves into the Firth of Forth . Lothian contains these Towns , Dunbar , Hadington , Dalkeith , (e) Edinburgh , Leith , and Linlithgoe . More to the West , lies (f) Clidsdale on both sides the River Clid , which , by Reason of its length , is divided into two Prefectures or Sheriffwicks . In the uppermost of them there is an Hill , not very high , yet out of it , Rivers run into three divers Seas , Tweed into the Scotish , Annand into the Irish , and Clyd into the Deucaledonian-Seas . The most eminent Cities in it , are Lanerick and Glasgo . Kyle on the South-west is adjoining to it ; Beyond Kyle is Galloway . It is separated from Nithsdale by the River Clyd , bending almost wholly to the South , and by its Shore that remaining part of Scotland is also covered . It is all more fruitful in Cattle , than Corn ; it hath these Rivers running into the Irish Sea , Vre or Ore , d ee , Kenn , Cree , and Luss ; it hath scarce any great Mountains , but only some small Hills , in it ; between which , the Water , stagnant in the Valleys , makes abundance of Lakes , by which , in the first Showres , after the Autumnal Aequinox , the Rivers are encreased , which bring down an incredible quantity of Eeles , which the Inhabitants take in Weels made of Osier Twigs , and , salting them , get no small Profit thereby . The Boundary of that side is the Mul of Galloway , under which , in the mouth of the River Lus , is a Bay , which Ptolomy calls * Rerigonius . The Bay commonly called Loch-Rian , and , by Ptolomy , Vidogara , flows into it on the other side from the Firth of Clyd . The Land running betwixt those Bays , the Inhabitants do call Rinns , ( i. e. ) the edge of Galloway : They also call Nonantum , the Mul , ( i. e. ) the Beak , or Jaw . But the whole Country is called Galloway ( for Gallovid , in old Scotish , signifies a Gaul . ) Below Loch-Rian , on the Back side of Galloway , there lies Carrick-Bailiery , gently declining to the Firth of Clyd . Two Rivers pass through it , Stinsiar and Girvan , both of them having many pleasant Villages on their Banks . Between the Rivers , there are some small Hills , fruitful for Pasture , and not unfit for Corn : 'T is all not only self-sufficient with Land and Sea-Commodities , but it also supplies its Neighbours with many Necessaries . The River Down separates it from Kyle , which ariseth from a Lake of the same Name , wherein is an Island , with a small Castle . Kyle follows next , bordering upon Galloway on the South , and on the North East , on Clydsdale ; on the West it is separated from Cuningham by the River Irwyn : The River Aire divides it in the middle . Near it is scituated Air , a Town well traded ; the Country in general abounds more with valiant Men , than with Corn or Cattle ; for the Soyle is poor and sandy , and that sharpens the Industry of the Inhabitants ; and their Parsimony confirms the Strength both of their Bodies and Minds . After Air , Cuningham runs on to the North , and doth , as it were , justle out and streighten the Clyd , and brings it into the compass but of a moderate River . The Name of the Country is Danish , and , in that Language , signifies the King's House , which is an Argument , That the Danes did somtimes possess it . Next is Renfrew , scituate at the Eastern Coast thereof , so called from a little Town , wherein they were wont to celebrate their Conventions , 't is commonly called the Barony of Renfrew . Two Rivers , both of them called Carth , divide it in the midst . After the Barony of Renfrew , Clydsdale is stretched out on both sides of the River Clyd , and , in regard of its largeness , is divided into many Jurisdictions . It pours out many famous Rivers ; on the left hand , Even and Duglass , which run into Clyd ; and on the right , another River called Even , which divides Lothian from Sterlingshire . These two Currents take the common Appellation of Rivers , instead of a proper Name , as , in Wales , the River called Avon doth , in a divers Dialect . The River Ev●n or Avon separates the County of Sterling on the South , from Lothian ; on the East , the Firth of Forth , unti● at last , being lesned , it is reduced to the just magnitude of a River , and admits a passable Bridge near Sterling . There is but one memorable River which divides this Country , called Carron-Water , near which there are some ancient Monuments . On the left hand of Carron , there are two small Hills or Barrows , made of Earth by Man's hand , ( as the thing it self shews ) commonly called Duni pacis , ( i. e. ) Emblems of Reconciliation . But about two Miles lower , on the same River , there is a round Edifice made without any Lime , but so formed with sharp Stones , that part of the upper Stone is , as it were , Mortassed into the lower , so that the whole Work , mutually conjoyned , sustains it self with the weight of the Stones , from top to bottom , growing narrower and narrower by Degrees . The top of it is open : The common People have several Fancies , according to their divers Humours , concerning the Use and Author of this Structure . For my part , I once conjectured , That it was a Temple of the God Terminus , which , they say , was wont to be built round and open at top ; And the Duni pacis near adjoyning seemed somwhat to strengthen my Conjecture , as if a Peace had been made there , of which these Hills are a Monument , because there the Romans terminated the Bounds of their Jurisdiction and Empire ; neither could any thing have altered my Opinion , unless I had been informed by creditable persons , That , in a certain Island , there are many Edifices in other respects like the Structure which I have spoken of , but that they are greater , and not so compact . There are also two Chapels in Ross of the like shape . These things made me suspend my Opinion , and to judge that these were Monuments or Trophies of some famous Deeds , placed , as it were , at the fag-end of the World , that they might be preserved from the Injury and Fury of Enemies . But whether these were Trophies , or ( as some think ) Sepulchres of famous Men , I believe they were Monuments consecrated to be perpetuated to Posterity , but built by rude and unskilful Workmen , after the similitude of the Temple erected at Carron . On the right side of Carron , the Ground is generally plain and level , only ▪ there is a little Hill in it , almost in the mid-space between the Duni pacis and the Temple or Chapel ; and therein , at the bending of the Angle , the Footsteps of an ancient City do yet appear . But the Foundation of the Walls , and the description of the Streets , partly by reason of Countrymens Plowing up the Ground , and partly , by plucking out the square Stones to build some Rich Mens Houses thereabouts , are quite blended and confused . English Bede expresly calls this place Guidi , and places it in the very Angle of the Wall of Severus . Besides him , many famous Roman Writers make mention of this Wall ; yea , several footsteps thereof do yet appear , and many Stones are dug out , with Inscriptions containing a Gratulation of Safety and Victory , received by the Centurions and Tribunes of the Romans , or else some Funeral Epitaphs are engraven therein . And seeing the Wall of Severus is seldom less distant than 100 Miles from Adrian's Wall , ( as the Remains of both do shew ) which was built by him before ; English Writers betray their great Ignorance , either in not understanding the Latins , who have delivered these things down to us ; or else their Carelesness , who have wrote that so confusedly , which is so plainly recorded : However it be , the thing is worthy , if not of a sharp Reprehension , yet of a light Admonition , at least ; especially , since by the Monuments lately spoken of , and by Bede's English History too , it plainly appears , That there was somtimes the Boundary betwixt the Britains and the Scots . But those who fancy Maldon to be scituate here , are the same Men , who affirm , That the Chapel or Structure we spoke of , was the Temple of Claudius Caesar ; but they are hugely mistaken in both , seeing Maldon , a Colony of the Romans , is above 300 Miles distant from that place , if we may believe Ptolomy , and the Itinerary of Antoninus . Cornelius Tacitus doth plainly confute this their mistake , as in all his other Narrations , so especially , when he says , that the Romans having lost Maldon , fled to the Temple of Claudius Caesar for safety . But that Structure , whether it were a Chapel or Temple of Terminus , or else a Monument of some other thing , having no Doors , nor sign of any , and being open also at top , for the casting in of Stones , can scarce contain , much less shelter , Ten Soldiers . Moreover , about 40 Years after the Expedition of Iulius Caesar into Britain , Iulius Agricola was the first of the Roman Generals who penetrated with his Army into those parts ; Besides , Adrian also , 50 Years after Agricola , setled the Bounds of the Roman Province , between the Rivers Tine and Eske , by making a Wall , of which , divers Footsteps in many places do yet remain . But Septimius Severus , about the Year of our Lord 210 , entring into Britain , built a Wall 100 Miles beyond the Limits made by Adrian , from the Firth of Clyd to the Conflux of Forth and Avon , of which , many clear and evident Tokens yet remain . Besides , we never read in ancient Writings , that the chief Seat of the Picts was at Maldon , but at Abernethy ; there was thei● Royal , and also Episcopal , Seat , which was afterwards translated to St. Andrews . And if it be demanded , what moved the Romans to draw a Colony thither , and how they maintained it in a Soil so barren , and ( at that time ) woody , uncultivated , and obnoxious to the daily injuries of the fiercest of their Enemies ; I suppose , they will answer , ( for I see not what else they can say , thereto ) that it was supplyed from the Sea , for then Ships came up to the very Gates of the City , thô against the stream of Carron-Water . If that were true , then the Grounds lying on both sides the Forth , must needs be overwhelmed with the inundations of the Ocean , and must therefore be barren , which alone , in that Tract , ought to have born Corn. But this is yet a more difficult Question ; That seeing the Sea-water did run on both sides the Forth , why the Romans did not there make their Boundary-Wall , rather than unnecessarily carry it many Miles further ? Beyond the County of Sterling lies Lennox , divided from the Barony of Renfrew by Clyd , and from the County of Glasgow by the River Kelvin ; from the County of Sterling by Mountains , and from the Stewarty of Menteath by the Forth ; at length it is terminated in the Mountain Grampius , or Grantsbain , at the foot of which , through an hollow Valley , Loch-Lomund spreads it self , which is 24 Miles long , and 8 broad ; it contains above 24 Islands ; besides a multitude of other Fishes , it hath some of a peculiar kind , very pleasant to eat , they call them Pollacks . At length , breaking out towards the South , it pours out the River Levin , giving Name to the whole Country , and near the Castle of Dumbarton , and a Town of the same Name , falls into Clyd . The furthermost Hills of Mount Grampius , do heighten the extreme parts of Lennox , being divided by a small Bay of the Sea , called Loch-Ger , from its shortness . Beyond that , there is a Bay much larger , called Loch-Long , from the River Long , falling into it ; That is the Boundary between Lennox and Cowel . Cowel it self , Argyle and Knapdale are divided into many parts , by reason of several narrow Bays of the Sea running down into them , from the Firth of Clyd : There is one Bay , or Loch , more eminent than the rest , among , them called Loch-Finn , obtaining its Name from the River Finn , which it receives into it ; it is above 60 Miles in length . There is also in Knapdale a Loch called Loch-Awe , in which there is a small Island , and a Castle , that is fortified . The River Awe , or Owe , issues out from that Loch , which is the only River in that Country , that empties it self into the Deucaledonian Sea. Beyond Knapdale , to the South-West , there runs out Cantyre ; i. e. The Head of the Country ; it stands over against Ireland , from which it is divided but by a Narrow Sea : It is not so Broad , as it is Long ; and it is joyned to Knapdale by so Narrow an Isthmus , or Neck of Land , that it is scarce a Mile over ; and that space too is nothing but Sand , so plain and level , that sometimes Seamen , to make their Voyages shorter , do hale their small Vessels , called Birlings , over it , from one side of Loch-Tarbet to the other . Lorn touches Knapdale , it borders immediately on Argyle , and reaches as far as the Country of Abyr , commonly called Loch-Abyr : It is a plain Country , and not unfruitful ; where the Mountain (a) Grampius is lowest , and more passable , that Country is called (b) Braid-Albin , which is as much as to say , The highest part of Scotland ; and where the loftiest Pic , or Top , of all is , that is called (c) Drum-Albin , i. e. The Back of Scotland , and not without cause ; for from that Back , there run down Rivers into both Seas , some into the North or German , others into the South or Deucaledonian Sea. For from (e) Loch-Earn it pours out the River Earn , towards the South-East , which falls into the River Tay , about three Miles below Perth . From this River , the Country called in Highland , or old Scots , Language , (f) Strath-Earn , takes it Name , being situate on both sides of its Banks . For the Highlanders use to call a Country , lying at the fall of Rivers , (g) Strat. Between the Mountains of this Country and the Forth , lies the Stewarty of (h) Menteath , taking its Name from the River Teath , which runs through the middle of it . Next to Menteath stand the Mountains called (i) Ocel-Hills , a great part of which , as also of the Country lying at the Foot of them , is reckoned within the Stewarty of Strath-Earn ; but the rest of the Country , even unto the Forth ▪ Man 's Ambition hath divided into several Stewarties , as the Stewarty of (k) Clacman , of (k) Culross , and of (k) Kinross . From these Stewarties and the Ocel-Hills , all the Country lying between the Forth and the Tay , grows narrow like a Wedge , Eastward even to the Sea ; and it is all called by one Name (l) Fife , a Country self-sufficient with all necessaries for the use of Life : It is broadest where Loch-Leven , and the River (m) Leven , running through it , do divide it ; and from thence it narrows on each side , till you come to the Town of (n) Cara●l ▪ it sends forth but one remarkable River , and that 's called Leven . It s whole shore is stor'd with abundance of Towns , of which the most remarkable , for the Study of the Arts is (o) St. Andrews , which the Highlanders call Fanum Reguli : More to the Inland , almost in the middle of the County , lies (p) Cowper , the Shire or Assize Town , whither the rest of the Inhabitants of Fife do come for the Administration of Justice . Where it touches Strath-Earn stands the Town of (q) Abernethy , the Ancient Royal Seat of the Picts . Here the River Earn falls into the Tay. As for the (r) Tay it self , that breaks out from (s) Loch-Tay , which is in Braid-Albin ; ( a Loch Twenty Four Miles long ) it is without question the greatest River in Scotland ; for winding about towards the Grampian-Hills , it touches upon (t) Athol a fruitful Country , situate in the very Woody Passages of Mount Grampius . That part thereof , which is extended into a Plain , at the Foot of the Mountain , is called the (u) Blare of Athol , which Word signifies a Soil devoid of Trees . Below Athol , on the Right side of the River Tay , stands the Town of (w) Caledonia , which yet retains its Ancient Name , though vulgarly called Dunkelden , ( i. e. ) an Hill full of Hasel-Trees . For those Trees , growing thick in such unmanured places , and shadowing the Country , like a Wood , gave Name both to the Town , and also to the People thereabouts . For the Caledons , or Caledonians , heretofore one of the famousest Nations amongst the Britains , made up one part of the Kingdom of the Picts , as we may be informed by (x) Ammianus Marcellinus , who divides the Picts into Two Tribes ; i. e. The Caledones and the Vecturiones , though at this Day there is hardly any Footstep left of either of those Two Names . Twelve Miles below Dunkelden , on the same Right-hand Bank of the Tay , stands (y) Perth , otherwise called St. Iohnstons . And on the Left-Bank of the Tay , below Athol , towards the East , stands (z) Gowry , a County abounding with rich Corn-Fields . Below Gowry , between the Tay and the Esk , is extended (a) Angus , or , as the Highlanders call it , Aeneia ; some call it Horestia , or , according to the English Dialect , Forestia . In it there are these two Cities , (b) Cowper , and that which Boetius , to gratifie his Country-men , ambitiously calls (c) Deidonum , but , I think , the old Name thereof was (d) Taodunum , i. e. Dundee , from Dune , i. e. an Hill situated by the River Tay ; for at the Foot of that Hill the Town is built . Fourteen Miles beyond the Tay , in a direct Line along the Shore , we meet with the Town of (e) Aberbrothock , sometimes called Abrinca . Then follows the Promontory , called (f) Red-Head , which shews it self at a very great distance . The River South-Esk runs through the middle of Angus ; and the North-Esk divides it from the Mearns . The (g) Mearns is , for the most part , a plain and level Country , till it toucheth Mount Grampius , beyond the little Town of Fordun , and Dunotter , a Castle belonging to the Earls of Marshal : Then it grows lower and lower , declining towards the Sea. Beyond Mearn , towards the North , is the River (h) Die , commonly called Diemouth ; and about a Mile beyond it , is the River (i) Don. Upon the one , there stands (k) Aberdone , a Town famous for Salmon-Fishing ; and upon the other , stands (k) Aberdee , ( for so 't is called in old Records ) where the Bishops-See is , and also a Flourishing University : But now adays both Towns are distinguished only by the Names of Old and New (k) Aberdene . From this narrow Front , between those two Rivers , begins Marr , which growing wider and wider by degrees , extends it self 60 Miles in length , even unto Badenach . (m) Badenach is all full of Hills and Mountains , which sends forth Rivers into both Seas . (n) Abyr borders upon Badenach , it declines gently towards the Deucaledonian Sea ; a Country ( for a Scotish one ) very much abounding with all Land and Sea-Commodities : As it is fruitful in Corn and Pasture , so it is also very pleasant by reason of its shadowy Groves , and the delightful Fountains , Brooks and Rivulets , which glide along through it . As for the Multitude of Fish , hardly any County in Scotland can compare therewith : For , besides the plenty of Fresh-water Fish , which so many Rivers do afford , the Sea also contributes its Dole of Salt-water ones ; piercing , in a long Chanel , through the level part of the Country , and there being somewhat curbed and pent in by the higher boundary of the Land , for some space , at length it diffuses and spreads it self abroad again , representing the form of a Meer , or rather Loch . Hence 't is called Abyr ; i. e. in our Country Language , A Road for Ships : They give also the same Name to the Country thereabouts ; those that affect to speak after the English mode call both , i. e. That Bay of the Sea , and the Country too , Loch-Abyr , but mistakingly and without ground . These three Counties (o) Abyr , Badenach and Marr , do take up all the bredth of Scotland between the two Seas , the Deucaledonian and the German . On the North , next to Marr , stands (p) Buchan , divided from it by the River Don ; it stretcheth out it self farthest of any County in Scotland , into the German Sea : 'T is Rich in Pasture , and in a good breed of Sheep ; and is able to maintain it self with all Conveniencies for the support of Life . The Rivers in it abound with Salmon ; and yet ( which is strange ) there is one of its Rivers , called (q) Ratra , that hath not a Salmon in it . On the Shore of Ratra , there is a strange kind of (r) Cave , the Nature whereof I cannot pass over in silence . The Water therein drops down from a natural Vault or Arch , and is turned into Pyramids of Stone , insomuch that if Men did not cleanse it ever and anon , the whole space , to the very Roof , would be quickly petrified and filled up . The Stone thus concreted is of a middle Nature , between Stone and Ice ; for it is friable , and never arrives at the hardness and solidity of Marble . When I was at (s) Tholouse , about the Year of our Lord 1544. I was informed by creditable Persons , that there was a Cave in the Neighbouring Pyrenaean Hills , altogether like This in Scotland . Beyond Buchan to the North , lie two small Counties , (t) Boin and (u) A●●y , which reach to the River Spey , that separates them from Murray . As for the River (w) Spey , That hath its rise in the ridge of Hills in Badenach , of which I have made mention before ; and not far from the Fountain thereof , is a (x) Loch , which sends forth a River called Lochtee , which roles it self into the West-Sea . At the Mouth thereof ( as they say ) there was once a Noble Town , called (z) Inner-Locht●e , borrowing its Name from the Loch aforesaid . The Truth is , if you consider the Nature of the Neighbouring Soil , and the conveniency of Transporting and Carriadge by Sea , it is a place very fit for a Mart-Town : And our Ancient Kings , tempted and invited by those conveniencies , made their abode there for some Ages , in the Castle of (a) Evonia , which some do falsely persuade themselves to be (b) Dunstafnage ; For the Rubbish and Ruins of that Castle are yet to be seen in Lorn . There are some small Counties , lying betwixt Buchan and the West-Sea , but having scarce any thing remarkable in them , I shall not waste time to describe them . Beyond the Spey , even unto the River Ness , there follows (c) Murray , heretofore ( as 't is thought ) called Varar . Between those two Rivers , ( the Spey and the Ness ) the German Ocean doth ( as it were ) drive the Land backward to the West , and so , with a vast Bay , doth abridge the largeness thereof . This whole Country ( for the higness of it ) abounds with Corn and Pasturage ; but as for Pleasantness , and the profit arising from Fruit-bearing Trees , it bears away the Bell from all the other Countries in Scotland . It hath two Eminent Towns in it , Elgin and Inverness : (d) Elgin stands on the River L●ssie , and as yet retains its Ancient Name . (e) Innerness is situate by the River Ness , which issues out of (f) Loch-Ness , a Loch 24 Miles long ; the Water thereof is almost always warm , and all the year long 't is never so Cold as to Freeze ; yea , in the sharpest Winter that is , if Flakes of Ice are conveyed into it , they will quickly be thawed by the warmth of its Waters . Beyond Loch-Ness towards the West , there are only (g) eight Miles of Continent , interjacent ▪ so small a Portion of Ground hinders the Conjunction of the two Seas , and consequently the making of the rest of Scotland an Island ; for all that space of Land , which lies betwixt that narrow Neck and the Deucaledonian Sea , is cut off from the rest by several Bays of the Sea , breaking into it . That part of the Country , which lies beyond Loch-N●s● , and those narrow Streights , or Neck of Land , before-mentioned , is wont to be divided into four Provinces or Shires , viz. Ross , Strath-Navern , Sutherland , and Caithness ; [ (h) Navern , or , as commonly called , Strath-Navern , taking its Name from the River Navern ] Beyond the Mouth of Ness , where it disembogues it self into the German Sea , lies (i) Ross , which runs out into the Sea with very high Promontories , as the Name it self shews , for Ross , in the Scotish Dialect , signifies a Promontory . This Province hath more of Length , than Bredth , in it , for it reaches from the German , quite home to the Caledonian , Sea : Where it is Mountainous , 't is barren and untilled ; but the Plains thereof scarce yield to any part of Scotland for Fruitfulness . It hath also many pleasant Valleys in it , which are Watered with Rivers , full of Fish , together with several Lochs , well-stored with Fish. But the greatest of them all is Loch-Loubrun . From the Deucaledonian Sea , the Shore grows somewhat narrower , and turns back towards the North-East : From the opposite Shore , the German Sea , making its way between the Clefts of high Rocks , within Land , expands it self into a spacious Bay , which affords a safe Harbour , and Road , for Ships , against all Storms ; for the Passage into it is not dangerous , and when you are once entred , even the greatest Ships , that are , may be secure from all Injury of Wind and Weather . At the farthest point of Ross , towards the North , lies Navern , so called from the River Navern , which the Vulgar , following the Propriety of their Country Speech , call Strath-Navern . Ross bounds it on the South ; The Deucaledonian Sea washeth it , West and North ; And on the East it reaches to Caithness . (m) Sutherland is so interjected between the three last mentioned Provinces , that it borders on them All , and , in some Quarter or other , touches them all : For on the West of it lies Strath-Navern ; On the South and East , Ross ; And on the North , Caithness . The Inhabitants thereof , according to the Nature of the Soil , are more given to Pasturage than Tillage . I know no remarkable thing in it , save only that it hath some (n) Mountains of White Marble , ( a rare Miracle , in so cold a Country ) which yet are of little or no use to the Inhabitants , because That luxuriant Humour , which affects Curiosity , hath not yet reached to this Place . (o) Caithness is the last Province of Scotland , towards the North , in which Coast Strath-Navern also meets It. These Two Counties do contract the Bredth of Scotland into a narrow Front. In that Front , there are Three high Promontories : The highest of them all is in Strath-Navern , which Ptolomy calls (p) Orca , or Tarvedrum , now (p) Farrow-Head ; The other Two are in Caithness , but not so high as the former ; i. e. Vervedrum , now called (q) Hoia , i. e. Strathy-Head ; and Betubium , ( Dunsbey-Head ) falsly called by Hector Boetius , Dume ; some call it Duncans-Bei , from which word , some Letters being substracted , the word Duns-Bei seems to be derived . At the Foot of the Hill there is a small Bay , which little Vessels , coming from the Orcades , use as an Haven or Port. For a Bay of the Sea is there called Bei . And this Creek , or Bay , being called by the Neighboring Inhabitants the Bei of Duncan , or Donach ; from both those words conjoyned , the Country Language hath formed * Dunis-Bei . In this Tract , Ptolomy places the (r) Cornavii , ( or Caithness-men ) some Footsteps of which Name do yet remain , for they commonly call the Castle of the Earls of Caithness , (s) Gernico ; for those whom Ptolomy , and other Foreiners call Cornavii , the Britains call Kernici . And seeing he places the Cornavii , not in this Tract only , but even in a far distant part of the Island , viz. Cornwal in England ▪ they who retain the old British Speech , do yet call the same persons , Kernici : And , perhaps , 't is no absurd conjecture , to imagine , that the Cornovalli are so called for (t) Kernicovalli , ( i. e. ) the Kernic-Gauls , yea , in the very midst of the Island , some footsteps , thô obscure ones , of the Name seem to have remained . For Bede writes , that the beginning of the Wall of Severus was not far distant from the Monastery of (a) Kebercurnig ; whereas there is now no sign of a Monastery in those parts ; but there remains not far from thence , the halfe-ruined Castle of the Duglasses , called (b) Abrecorn : Whether both of those words , or only one of them , be corrupted from Kernicus , I leave to the Reader to judge . It remains now , that I speak somthing concerning the Islands of Scotland , ( which Part of the British History is involved with abundance of mistakes . ) But omitting the Ancients , who have delivered nothing certain on this Subject , I shall only insist on what the Writers of our times have , more truly and plainly , acquainted us with . Of all the Islands , which do , as it were , begirt Scotland , they make three (c) Classes or Ranks , The Western , the Orcades , and the Zealandish , or Shetland , Islands . Those are called the (d) Western Isles , which lve between Scotland and Ireland , on the West of Scotland , in the Deucaledonian Sea , and do reach almost to the Isles of Orkney , or Orcades . They , who have written of the British Affairs , either now , or in the Age before us , call them Hebrides , a new Name , of which there are no Footsteps , or any Original , in Ancient Writers . For , in that Tract of the Sea , some Authors place the Aebudae , or Aemodae , but with such inconstancy amongst themselves , that they scarce ever agree in their Number , Situation , or Names . Strabo ( to begin with the most Ancient ) may be the better excused , because he followed uncertain Report , That part of the World being not fully discovered , in his time . (e) Mela reckons the Aemodae to be Seaven , Martianus Capella makes the Acmodae to be as many ; Ptolomy and Solinus count the Aebudae , Five ; Pliny numbers the Acmodae to be Seaven ; and the Aebudae Thirty . I , for my part , think it fit to retain the Names most used by the Ancients , and therefore I call all the Western Isles (f) Aebudae ; and I purpose to describe the Site , Nature , and Commodities of every one of them , as out of Later , so out of Surer , Authors . In performing this Task , I will principally follow (g) Donald Monro , a Pious and Diligent Person , who himself Travelled over all those Islands , and viewed them Ocularly . They lye dispersed in the Deucaledonian Sea , being above Three hundred and odd , in number . The Kings of Scotland were Masters of them , time out of mind , until Donald , the Brother of Malcolm the Third , yielded up the possession of them to the Kings of Norway ; that , by his Aid , he might forcibly seize upon the Crown of Scotland , to which he had no Right . The Danes and Norwegians enjoyed them about One hundred and sixty years , until , being overcome in a great Battel , they were outed of them by (h) Alexander the Third , King of Scotland . These Islanders , either confiding in their strength , or else egg'd on and induced by Sedition , have some time endeavoured to vindicate their Liberty , and to set up Kings of their own ; For of late , Iohn of the Family of the Donalds , as well as others before him , usurped the Name of King. (i) In their Diet , Habit , and the whole Administration of their Domestick Affairs , they use the Ancient Parsimony . Hunting and Fishing afford them Food . They boil their Flesh in Water poured either into the Paunch , or into the Skin , of the Beasts , they kill ; and in Hunting they sometime eat raw Flesh , when the Blood is squeezed out . The Broth of boiled Flesh-meat is their Drink . They sometimes drink Whey very greedily in their Feasts , after it hath been kept , in proper Vessels , for some years . That kind of Drink they call (k) Blandium : But for the most part of them , they drink Water . They make their Bread of Oats and Barley , ( for they have no other Grain growing in those parts , ) which is not unpleasant to the Taste ; and , by frequent use , they are very expert at making and moulding of it . In the Morning they eat a little of it , and so go a Hunting ; or , if they have any other work to do , they are content with that light Breakfast , and Fast till the Evening . They use party-coloured Garments , and especially strip'd Plads . Of all Colours they love the Purple and the Blew , most . Their Ancestors wear Party-coloured Plads , variously striped , which custom some of them do still retain . But , now-a-days , many of them wear their Apparel of a dark brown colour , almost like Heath , that so , lying in the Heath-bushes , they might not , in the day-time , be discovered by their Cloaths . Being rather loosly happ'd , than closely covered , with this sort of Blanketing , they endure the fiercest weather , even in the open Air , and sometime they sleep in them , thô cover'd all over with Snow . In their Houses , they also lye on the Ground , only they lay under them Fern or Heath , which they place with their roots downward , and their brush upwards , so prettily , that their Beds are almost as soft as a Featherbed , but far more wholsom . For * Heath being endued with a Natural power of exiccation , doth exhaust superfluous Humors , and restores vigor to the Nerves , after it hath freed them from such noxious Guests ; so that they , who lye down in the Evening weary and faint , in the Morning rise up nimble and spritely . They are all of them very regardless of their Bed-Ticks and Coverlets ; yea , they affect an uncouth slovinglyness therein ; for , if any occasion , or necessity , cause them to Travel into other parts ; when they go to Bed , they throw the Bed and Blankets of their Hosts on the ground , and wrap themselves up in their own Garments , so betaking themselves to their Rest ; the Reason they give , is , lest such barbarous effeminateness ( for so they call it ) should taint and corrupt their Native and inbred hardiness . In War , they cover their Bodies with Iron Helmets and a Coat of Mail , made of Iron Rings , reaching almost down to their Anckles . Their Weapons are Bows and Arrows , for the most part hooked , the Iron barbs standing out on both sides , which cannot be drawn out of the Body , they pierce , unless the Orifice of the wound be made very wide : Some of them Fight with broad Swords , and Poleaxes . Instead of a Trumpet , they use a Bag-Pipe . They are much given to Musick , but on Instruments , of a peculiar kind , called Clarsbachs ; of which , some have Strings made of Brass-Wire ; others , of Guts , which they strike either with their long Nails or with a Quill . Their only ambition is , to deck their Fiddles with very much Silver and Jewels . The meaner sort , instead of Jewels , use Chrystal . They sing Songs , not unelegant , containing commonly the Elogies of Valiant Men ; and their Bards ordinarily handle no other Argument . Their Language is some what like the old Gawlish . These Islands of Scotland , which use the Antient Tongue ; and are called the Western or Aebudae Isles are thus usually reckoned . The first of them is (l) Ma●a , by some falsly called Mona , but by the ancient Eubonia ; Paulus Orosius calls it Mevania , or rather Menavia ; for in the old Language , 't is called Manim . The last Age call'd the Town in it (m) Sodora , in which the Bishop of the Islands had his See. It is a Province almost equally distant from Ireland , from Galloway in Scotland , and from Cumberland in England : It is Twenty four Miles long and Eight broad . The next Isle arising in the Firth of Clyde is (n) Alsa , or Ailze , an high and precipitous Rock , excepting only one plain passage into it . It is uninhabited almost all the year , but only at certain Seasons , a great number of Skiffs and Busses flock thither to Fish for Cod and Whiting . It abounds with Conies and Sea-Fowl , but especially with (o) Soland-Geese . It is almost equally distant from Carrick on the South-East ; from Ireland , on the South-West ; and from Cantyre on the North-West : The Isle (p) of Arran is situate Twenty four Miles from Ailze , inclining towards the North , it is Twenty four Miles long and Sixteen broad ; 't is full of high Craggy Mountains , so that only the Sea-Coasts thereof are inhabited ; where it is lowest , the Sea breaks into it , and makes a great Bay , the entrance whereof is shut in by the Island Molas , i. e. (q) Lamlach or Lamlash . So that by reason of the height of the Mountains , which break the force of the Wind , it is , within , a very safe Harbour for Shipping ; and there is such plentiful Fishing in those Waters , which are perpetually Calm , that if the Inhabitants catch more than what will serve them for one day , they throw them again into the Sea , as into a safe Trunk or a Fish-pond , to be thence taken out at their pleasure . Not far from Arr●n lies a small Island called Flada (r) or Fladda , which is full of Rabbets . (s) Boot Isle , being Eight Mile long and Four broad , is situate more inwardly in the Firth of Clyde , and is Eight Miles distant from Arran , aforesaid , on the North-East . On the North-West , 't is distant from Argyle about half a Mile ; on the East , from Cuningham , Six Miles . 'T is all in a manner Low-Land , and so , very convenient for Corn and Pasturage . It hath but one Town in it , bearing the Name of the Island ; and in it an old Castle Named (t) Rothsey . It hath also another Castle at the Bay , called in the Country Language , Cames , or (u) Keames Castle . On the South-West thereof , is the low Island (w) Mernoch , for the bigness thereof fruitful enough , and well Cultivated , it is a Mile long and half a Mile broad . More inward in the Firth of Clyde , are the two (x) Cumbras , the greater and the lesser , at a small distance one from another ; the greater abounding with Corn ; the lesser with Fallow-Deer . From the Promontory of Cantyre , a little more than a Mile , lies Avona , now (y) Sanda , called Portuosa , i. e. fit for a Port , it got that Name from being a Road for Ships ; for when the Danes possessed those Islands , their Fleets directed their Course thither for Shelter . From the same Promontory to the South-West , over against the Irish shoar stands (z) Rahglin ; as also Four Miles from Cantyre , is a small Island called (a) Cara ; and not far there from (b) Gaga , Six Miles long , and a Mile and a half broad . The Island of (c) Iura is distant Twelve Miles from Gaga , being in length Twenty four Miles : It 's Maritime parts are inhabited well enough ; but , being Woody inwardly , it abounds with several Sorts of Deer . Some think it was anciently called Dera , which in the Gothish Language signifies a Stag. Two Miles distant from Iura , lies (d) Scarba , in length from East to West four Miles , in breadth , one ; 't is Inhabited but in few places . The Tide is so violent between It and Iura , that there is no passage neither with Sails nor Oars , but at certain Seasons only . After This , there are many Islands of (e) less note , spread up and down , as B●llach or Genisteria , Gewrasdil , Lunga , both the Fiola's or Findlass's ; also the three Garvillans , distinguished by their respective (f) Sirnames ; then Culbrenin , Dunconnel , Luparia , Belhac , Whoker , Gavin , Luing , Seil , and Suin , these Three last named are fruitful enough in Corn and Cattle , and are under the Jurisdiction of the Earls of Argyle . The next to these is Slata , or (g) Sleach , so called , because out of a Rock therein , Tyles , named Slats , are cut and extracted . Then follow Naosg , Easdale , Schanni , and the Isle called (h) Tyan , from an Herb , which is prejudicial to Fruits , not unlike Guild or Loose-strife , but that 't is of a more dilute Colour ; then Vridich and the Rye Island . Then Dow , i. e. the black Island ; and the Island Eglish , or of the Church and Triarach ; after these follow the Islands , Ard or High , Ishol , Green , Heath , as also Coney-Isles , and that which is called the Island of the Otiost and Eris-bach ; as also (i) Lismore , in which , heretofore , there was the Bishop of Argyle's See ; it is eight Miles in length , two in bredth , in it there are found Metals , besides the Commodities common to other Isles . Then succeed Ovilia , and Siuna , Ilan na Port , and Geirach , as also Falda , the Isle of Cloich , Gramry ; the Islands More , Ardiescara , Musadil , and Bernera heretofore called the Holy Sanctuary , the Noble Yew-Isle , Molochasgar and Drinacha , which is all covered over with Thorns , Elder , and the Ruins of great Houses , then another Isle Drin●ch , which is full of Wood ; also Ramsay and K●rrera . The greatest Island of the Western ones , next to Iura , is (k) Yla , which is Twenty four Miles long , and Sixteen broad ; it is extended from South to North ; and is very fruitful in Cattel , Corn , Deer , and Lead , there is a River of fresh Water in it , called (l) Avonlaggan , as also a Bay of Salt Water , in which are sundry Islands ; besides , it hath a Lough of fresh Water , in which there is an Island called (m) Finlagan , which heretofore was the chief of all the Islands , in which the Prince of the Islanders , assuming the Name of King , was wont to dwell . Neer to that but lesser , is the Island called * Ilan na-Covihaslop , called also the Island of Council , for there was a Court in it , wherein Fourteen of the cheif Men did daily sit for the Administration of Justice , and Determining matters of Controversie , whose great Equity and Moderation procured Peace , both Foreign and Domestick ; and as a concomitant of Peace , the affluence of all things . (n) Between Ila and Iura there is seated a small Island called Rock Isle , taking its Name from an heap of Stones therein ; moreover on the South side of Ila , lie these Islands , Chourna , Maalmori , Osrim , Bridi , Corshera , the Island Ishol , Immersi , Bethick , Texa , Gearach , Naosg , Rinard , Cana , Tarskeir , Achnar , the Isle More , the Island resembling the Figure of a Man , the Island Iean , and Stachabadda ; at the West corner of Yla stands Oversa , there also the Sea is very raging , not passable for Ships but at certain Hours . The Island Channard , and toward the North-West are situate Vsabrast , and Tanast , Naomph , and the Island Banni ; Eight Miles from Yla , more toward the North , lies Oversa , next to it Porcaria , and half a Mile from Oversa , lies Collonsa . Beyond Collonsa to the North lies Mull , (o) twelve Miles distant from Yla . This Island is Twenty four Miles in length , and as many in breadth ; 't is Craggy , yet not wholly devoid of Corn. It hath many Woods in it , and great Herds of Deer , and a Port safe enough for Ships ; over against Icolumkill it hath two large Rivers full of Salmon , besides other lesser Rivers , not without Fish ; it hath also two Loughs , in each of which are several Islands , and Castles in them all . The Sea , breaking into it in divers places , makes four Bays , all abounding with Herrings . On the South-West is seated (p) Calaman , or the Island of Doves ; on the North-East stands (q) Erra , both these Islands are Commodious for Cattle , Corn , and Fishing . The Island of (r) Icolumkill is distant from them two Miles ; it is Two Miles long , and above a Mile broad , fruitful in all things , which that Climate can produce , and famed for as many ancient Monuments , as could be well expected in such a Country ; but it was made yet more famous by the severe Discipline and Holiness of St. Columbus . It was beautified with two Monasteries , one of Monks the other of Nuns ; with one (s) Curia , or ( as they call it , ) a Parish Church , and with many Chapels , some of them built by the Magnificence of the Kings of Scotland ; and others by the Petty Kings of the Islands ; in the old Monastery of * St. Columbus , the Bishops of the Islanders placed their See ; their ancient Mansion House , which was before in the Isle of Man , being taken by the English. There remains as yet , among the ancient Ruins , a Church-yard or Burying place , common to all the Noble Families which dwelt in the Western Islands . (t) There are three Tombs in it more eminent than the rest , at a small distance one from another , having little Shrines looking toward the East , built over them . In the West part of each of them there is a Stone with an Inscription , declaring whose Tombs they are , the middlemost of them hath this Inscription ; The Tombs of the Kings of Scotland , for it is reported that Forty four of the Scotish Kings were there buried : In the Right-Hand one , there is this Title Carved , The Tombs of the Kings of Ireland , for Four Kings of Ireland are said to be interred there ; that on the Left side is inscribed , The Tombs of the Kings of Norway , for Report says , That Eight Kings of that Nation were inhum'd there . In the rest of the Coemetery , the Eminent Families of the Islands have each their Tombs apart . There are Six Islands adjacent to it , small indeed , yet not unfruitful , which have been given by ancient Kings , and by the Princes of the Islanders , to the Nunnery of St. Columb . The Island (u) Soa , though it hath convenient Pasturage for Sheep , yet its greatest Revenue is from the Sitting and Hatching of Sea-Fowl , and especially from their Eggs. The next to that , is (w) Nuns-Island . Then Rudana ; after that Reringa , after which follows (x) Skanny ▪ distant half a Mile from Mull ; it hath one Parish in it , but the Parishioners live mostly in Mull : The Shore abounds with Coneys . A Mile from Skanny , stands Eorsa . All these are under the Jurisdiction of the Monks of St. Columbus his Monastery . Two Miles from (y) Eorsa , stands (z) Vlva , which is five Miles long , and , for its bigness , fruitful in Corn and Pasturage . It hath an Haven very commodious for Galleys , Long-Boats , or Berlins . On its South-side lies (a) Colvansa , the Soyl thereof is fruitful , and it hath a Wood of Hasel in it . Almost three hundred paces from it , is situate (b) Gomedra , two Miles long , and a Mile broad , running out from South to North. Four Miles from Gomedra , on the South , stands (c) Stafa , both of these two last-named Isles having many good Havens in them . Four Miles from hence , toward the North-West , are the two (d) Carniburghs , the greater and the lesser , so Fortified round about with the Precipices of Rocks , and a most rapid Current , besides ; that , their Natural Strength being assisted by Art , they are impregnable . A Mile from these , is an Island whose Soil is almost all black , as being concreted out of old rotten Wood and Moss mixt together . They dry the Turff of it for Fewel , and therefore 't is called (e) Turff-Island , for so they there call that sort of Earth , which the English call Moss . Then succeeds (f) Lunga , two Miles in length , and Baca half less than It. (g) From thence towards the West , about Six Miles distance , (h) stands Tirriss , in length Eight Miles , in bredth Three , of all these Islands , most abounding with all things necessary to maintain Life ; for in it is plenty of Cattle and Corn , they also get much by Fishing and the breed of Sea-Fowl . There is in it a Lake or Lough of fresh Water , and an old Castle , as also an Haven , not unsafe for Galleys and Long-Boats . Two Miles from hence stands (i) Gunn Isle , and at an equal distance from Gun , (k) Coll , Twelve Miles long , two broad , a very fruitful Isle . Not far from thence is (l) Calfa , which is almost all covered with Wood. After that , two (m) Islands follow , (m) Sirnam'd Green , the greater and the lesser . And as many lie , of the same (n) Sirnames , over against the Promontory of Mull. From it , at no great distance there lye two Islands , Sirnamed Glassae , i. e. Sky blew ; then * Ardan Rider , i. e. the high Island of the Horseman : Next Luparia , or the Island of Wolves ; after this , is the (o) Island More ; from the Island Coll , toward the South , there is extended from East to West , (p) Rum , Sixteen Miles long , Six broad , and because it is inhabited but in few places , the Sea-Fowl do almost every where lay their Eggs up and down in the Fields ; so that in the Spring one may take up as many of them , as he pleaseth . In the high Rocks of Rum , the Soland Geese , spoken of before , are taken in great abundance . Four Miles from thence to the South-East is the Island * Naich , or of Horses , and half a Mile from thence is * Muick ▪ for its bigness , abounding with all necessaries . Falcons build their Nests therein ; and it hath also a Port convenient enough for Shipping . Not far from it are Cana , and Egg Isle , small , yet fruitful , Islands ; the later abounding with Soland Geese . Then there is (q) Soavretil , fitter for Hunting than any other Commodities of Life . Thence from North to South is extended Sky , the greatest of all the Islands about Scotland , as being in length Forty Two Miles ; in bredth sometimes Eight , sometimes Twelve ; in many places it is full of Mountains , which abound with Woods , and those Woods are full of Pastures . The Campagne is also fruitful of Corn and Cattle ; and , besides other Cattle , there are in it a great Breed of Mares . It hath five great Rivers in it , all very full of Salmon ; besides many lesser ones , not void of Salmon , neither . The Sea penetrating on every side into the Land , makes many Bays of Salt-Water therein ; of which Three are most eminent , besides Thirteen others , all full of Herrings . It hath also a Lough of Fresh-Water in it , and five Castles . This Island , in the old Scotch Dialect , was called Skianacha , i. e. Winged , because the Promontories , between which the Sea made its Influx , did stretch out themselves , as so many Wings ; but use hath obtained , that 't is now called Sky , i. e. a Wing . About Sky there lie scattered some smaller Islands , as Oransa , full of Corn , and Cattle ; and Na gunner , having plenty of Woods , and Conies ; as also (w) Paba , infamous for Robberies , where Thieves , lurking in the Woods , do way-lay Travellers as they pass . Then comes * Scalpa , situated Eight Miles from it to the North-West , besides other Commodities , it hath great Herds of Deer in its Woods . Between the Mouth of Lech-Carron and Raarsa , lies Crouling , a Port safe for Ships . And from * Scalpa , two Miles toward the North , lies Raarsa , seven Miles long , and two broad , it hath Woods of Beech-Trees in it , and many Deer in them . Half a Mile from it , is Rona , which is quite covered over with Woods , and Heath . It hath a Port in its inmost Bay , noted for Pyracy , as being very commodious to surprize Sea-Passengers . And in the Mouth of the Bay , ( which , from its shallowness , is called * Gerloch ) there is an Island of the same Name . From Rona , six Miles towards the North , lies Fladda . Two Miles from Fladda , is Tr●nta , and on the South side of Sky , * Oransa : A Mile from thence lie little (c) Buia , then great (c) Buia ; and after them Five small Islands of no note ; after them follows * Ishol , fruitful in Corn ; and neer it is Ovia , then Askerma , and Linadel ; and Eighty Miles from Sky to the North-West lie , Linga , Gigamena , Bernera , Megala , Paba , Flada , Scarpa Vervecum , i. e. of Weathers , Sandrera , and (d) Watersa , which , besides other great conveniences , hath a Haven capable of holding many , and those very great , Ships ; whither at certain seasons of the year , a great company of Fisher-men flock together , from the Countries round about . These Nine last Islands are under the Government of the Bishop of the Islands . Two Miles distant from Watersa , lies (e) Barra , Seven Miles in length , extending it self from the South-West , to the North-East , not unfruitful in Corn , but most noted for Cod and Whiting Fishing : A Bay of the Sea makes an influx into it , at a narrow Mouth ; but within , it is broader and also round . It hath one Island in it , and therein a strong Fort or Castle . In the North part of Barra , there ariseth an Hill full of Grass from top to bottom ; on the top of it * riseth a Spring of fresh Water ▪ which flowing down in a Rivulet , carries with it into the neighbouring Sea , some small Animals , as yet shapeless ; which , in some sort , though obscurely , do represent those Shell-fish we commonly call (f) Cockles . This part of the shore , to which the Borderers retire , they call the Great Sands ; because , when the Sea Ebbs , the Sand is uncovered for a Mile and more ; there they dig up great Shell-fish , and the People there about believe it to be as a Seminary of those shapeless Fish , which the forenamed drill carries down from its Fountain , and that they are either produced there , or , at least , grow bigger in the Sea. Between Barra and Vyist , lie these * small Islands following , Orbansa , Ovia or Eoy , Hakerset , Garulinga , Flada , Buiia the greater , and Buiia the less , Haia , Heldisay , Gega , Linga , Fara , Fuda , Heath Island . From these , towards the North , lies (g) Vyist , Thirty Miles long , and Six broad . The Tide flowing into this Island in two places , represents the appearance of Three Islands , but when it Ebbs , it again coalesces into One : In it are many Lakes of fresh Water , the biggest of which is Three Miles long . The Sea , wearing away the Land , hath made it self a passage into this Lough ; neither can it be excluded by the Inhabitants , no not by a Jitty or Bank of Sixty Foot high , but that it insinuates it self between the Stones , not well compacted together , and there often leaves some small Sea-Fish behind . There is a (h) Fish taken in it , in other respects like a Salmon , save that his Belly is white , and his Back black , and he is without Scales like to Salmon . Moreover , there are in it abundance of Loughs of fresh Water . It hath Caves in it covered with Heath , which are lurking places for Robbers . There are Five Parish-Churches in it for the performance of Holy Duties . Eight Miles from thence , towards the East , lies * Helscher Vetularum , so called , as I suppose , because it belongs to the Nuns of the Island of Icolumkill . A little further towards the North , appears (i) Havelschyer , to which at certain seasons of the year , many Sea-Calves , [ or Seals ] do resort , and are there taken . About Sixty Miles beyond that , to the North-West , stands * Hirta , very fruitful in Corn , Cattle , and especially in Sheep , which are here fatter than in any other of the Islands . The Inhabitants are ignorant of all Arts , and especially of Religion . After the Summer solstice , the Lord of the Island sends thither his Proctor or Steward , to gather up his Rent or Tribute , and , with him , he sends a Priest to Baptize all the Children , which were born the year before ; but if the Priest come not , then every Man (k) baptizeth his own Children ; they pay to their Lord a certain number of Sea-Calves and of Muttons , dried in the Sun , and also of Sea-Fowl . The whole Island doth not exceed a Mile in length , and it is almost of equal bredth , neither can any part of it be seen from any neighbouring Island , besides Three Mountains which are on the Shore , and these cannot be discerned neither , but from the highest places of other Islands . In those Mountains there are (l) Sheep exceeding beautiful , but by reason of the Violence and Rapidness of the Sea-Current , and Tide , they can scarce become at , by any Body . But to return to Vyist ; on the North Promontory thereof , there is situate the Isle (m) Valay , a Mile broad and two Mile long . Between that Promontory and the Isle Harrick , these Islands are interjacent , * small indeed , but not unfruitful , viz. Soa , Stromoy , Pabaia , Bernera , Erisay , Keligera , Saga the less , Saga the greater , Hermodra , Scarvay , Gria , Linga , Gillan , Hea , Hoia , Ferelaia , Soa the lesser , Soa the greater , Isa , Senna the less , Senna the great , Tarransa , Slegana , T●ema , and , above Harick , Scarpa ; and due West , there are Seven Islands , at Fifty Miles distance above Lewis , which some call (n) Flavanae , others the Sacred , or Sanctuary , Islands , they arise up into Grassy Mountains , but are void of all human Culture ; neither are there in them any four-footed Beasts , but only wild Sheep , which the Hunters catch , but eat them not when they have done . For they esteem the Fat more palatable than the Flesh ; for the Flesh is so unpleasant , that no Man will eat it , unless enforced by extremity of Hunger . Furthermore , almost in the same Tract , nearer to the North , lie * Garvellan , i. e. the Craggy Island , Lamba , Flada , and Kellasa , the two Berneraes , the great and the small , Kirta , Buiia the little , Buiia the great , Vexa , Pabaia , and Sigrama the great , or Cunicularia so called from its plenty of Conies , Sigrama the less , and the (o) Island of Pygmies ; in this last there is a Chapel , where the bordering People do believe , that Pygmies were heretofore buried ; for many Strangers , digging deep into the Earth , have found , and yet do find , little and round Heads , and the small Bones of other parts of human Bodies , nothing derogating from the ancient Reports concerning Pygmies . * In that Shore of the Island Lewis , which looks toward the South-East , Two Bays of the Sea do break into the Land , one of which they call the South , the other the North , Lough ; both of them do yield abundance of Fish , to those which take pains to catch them , and that during the whole year . From the same shore of Lewis , more to the South , stands Fable Isle , then Adams Isle , then the Isle of Lambs , as also , Huilin , Viccoil , Havera , Laxa , Erin , the Isle of ●columkill , Toray , I●●ert , Scalpa , Flad● , and Shevy . At the East side of this Island there is a subterraneous (p) passage , Arched at Top , longer than a Man can shoot an Arrow into : Under which Vault , small Ships use to shelter themselves , making to it , by Sails or Oars , to avoid the Violence of the Tide , which rages at the Neighbouring Promontory , with a huge Noise , to the extreme Terrour and Danger of the Mariners . More to the East , lies an Island which they call * Schan Castle , a place naturally fortified , abounding with Corn and Fish , and also affording sufficient Provision to the Inhabitants by Eggs of Sea-Fowl , which there make their Nests . At the Shore , where (q) Loch-Brien , or Broom , opens to the Land , lies the Isle * En , which is almost all covered with Woods , and good for nothing but to harbour Thieves in , to rob Passengers . More to the North is the Island * Gruinorta , being also full of Woods possessed by Robbers and Pyrates . And looking towards the same Coast , is an Island , named the Island of (r) Cleirach , which , beside Pasturage , abounds with the Eggs of Sea-Fowl . Next to that , is Afulla , and then * Harary , the Greater ; then Harary , the Less ; and , nigh it , the Island of Horses , or Na●stich ; and near that again , the Isle Merta●ka . These Eight Islands are situate before the Mouth of the Bay , which is vulgarly called Lough-Broom , or Brian . At some distance from these Islands , which lie before Lough-Broom , Harrick and Lewis run toward the North ; They are Sixty Miles in length , (s) and Sixteen in bredth : These make but one Island , for they are not distinguished by the Arms of the Sea , that slow into it , but by the Meers of the Land , and the Possessions of their several Lairds : But that part , which is exposed to the South , is wont to be called Harray . In it there was a Monastery called * Roadilla , built by Maccloyd , of Harray . The Soil is fruitful of Corn , but it yields its increase rather by digging , than plowing : The Pastures in it are very fit for Sheep , especially one very high Mountain , which is green with Grass , even to the very Top. Donald Monro , a Learned and Pious Man , relates , That , when he was there , (t) he saw Sheep ( for that kind of Cattle ) very old , wandring up and down without any certain Owner : And the Number of them is increased from hence , that neither Fox , Wolf , or Serpent , was ever seen there ; though betwixt This part and Lewis , great Woods are interjacent , which breed many Stags , but low ones , and not big-bodied at all . In this part of the Island , is a River very full of Salmon . In the North part lies * Lewis , inhabited enough towards the Shore . It hath four Parish-Churches in it , one Fort , seven great Rivers , and twelve lesser ones , all of them , according to their bigness , full of Salmons ; in many places the Sea penetrates into the Land , and there diffuses it self into Bays , all abounding with plenty of Herrings . There is also great plenty of Sheep , which wander freely amongst the Thickets , and Heath-Bushes : The Inhabitants drive them into a narrow place , like a Sheep-fold , and there , every Year , they sheer them , after the ancient custom . The Champion part of the Country abounds with Heath-Bushes , in which the Earth is black at top , occasioned by Moss , and the Coalition of Rotten Wood , gathered together for many Ages , even a Foot thick . This upper Crust , being cut into long and slender Turffs , and dryed in the Sun , serves for Firing , in stead of Wood : The next Year after , the naked Ground , being Dunged with Sea-Weed , is sown with Barley . In this Island there is commonly so great a quantity of (u) Whales taken , that sometimes ( as the old Inhabitants relate ) Twenty seven , some very great , some smaller , fall to the share of the Priests for their Tithes . There is also a great Cave in this Island , in which , when the Tide is out , the Water is yet two Fathom deep ; but when the Tide is in , 't is above four Fathom . There Multitudes of People , of both Sexes , and of all Ages , sitting on the Rocks , with Hooks and Lines , do promiscuously catch all sorts of Fish , in great abundance . There is a small Island , about Sixty Miles from Lewis , to the North-East , of a low and plain Soil , and well inhabited , its Name is * Rona , the Inhabitants thereof are rude Persons , void almost of all Religion . The Laird of it assigns a certain number of Families to Inhabit and Till it , and he allows them a sufficiency of great and small Cattle , whereby they may live well , and pay their Tribute , too ; that which is above their own provision , they send every year to Lewis , to their Land-lord , who lives there ; they commonly pay him , in the Name of a Tribute or Rent , a great quantity of Barly-Meal , sewed up in the Skins of Sheep , ( for that kind of Grain grows plentifully amongst them , ) Muttons and Sea-Fowl dried in the Sun , as much as remains , as a Surplusage of their yearly Provision ; and if the multitude of Heads doth abound , they send also the Supernumerary Persons to their Land-lords . So that these , in my Judgment , are the only Persons in the whole World , who want nothing , but have all things to Satiety . And besides , being ignorant of Luxury and Covetousness , they enjoy that Innocency and Tranquillity of Mind , which others take great pains to obtain , from the Precepts and Institutions of Wise Men. And this they have from their Ignorance of Vices , neither doth any thing seem to be wanting to their great Happiness , but that they do not understand the excellency of their Condition . There is in this Island , a Chapel , dedicated to St. Ronanus , (w) wherein ( as old Men say , ) there is a Spade always left , wherewith if any one Dye , there is alway a place marked out , and prepared for his Grave ; moreover in this Island , besides other Fishery , many Whales are also taken . Sixteen Mile from thence , towards the West , lies the Island (x) Suilkyr ; a Mile long , which brings forth no Grass , no not so much as Heath , only it hath black Rocks , some of which are covered with black Moss . Sea-Fowl do commodiously lay their Eggs , and hatch them there . Before the young are fledg'd enough to fly away , the neighbour Islanders sail thither from Lewis , and they allow themselves Eight days time , more or less , to cull or gather them up , untill they load their * Skiffs with their Flesh dried in the Sun , and also with their Feathers . In this Island also , there is a rare kind of Bird unknown in other parts , called (y) Colca , it is little less than a Goose , she comes every year thither , and there Hatches and Feeds her young , till they can shift for themselves . About that time , her Feathers fall off of their own accord , and so leaves her Naked , then she betakes her self to the Sea again , and is never seen more , till the next Spring . This also is singular in them , that their Feathers have no Qu●lls , or Stalks , but do cover their Bodies with a gentle Down , wherein there is no Hardness at all . Next follow the * Orcades , lying scattered in the North of Scotland , partly in the Deucaledonian , and partly in the German Seas . Concerning the Name of them , Writers , both Ancient and Modern , do well enough agree ; but the reason of the Name , no Man ( that I know ) hath explained . Neither doth it appear , who first possessed them : All say , that they were of a German Original , but from what Nation of Germany , they say not : If we may form a conjecture from their Speech , both heretofore and now , they use the (z) Gottish Language . Some think , they were Picts , induced by this Argument , that the Sea , dividing them from Caithness , is called the Pentland * Sea , or Firth . They judge also , that the Picts themselves were of the Race of the Saxons , grounding their Opinion chiefly on the Verses of Claudian , in his seventh Panegyrick , which run thus : — Maduerunt Saxone fuso Orcades , incaluit Pictorum sanguine Thule , Scotorum Tumulos flevit glacialis Ierne . Englished thus : The Orcades were moist with Saxon's Gore ; The Blood of Picts , there spilt , warm'd Thule's Shore ; For Tombs of Scots Icy Iern wept sore . But their error may easily be refuted , partly out of Bede the Anglo-Saxon , who , affirming , that the Britains sang the (a) Praises of God in five several Languages , reckons the Pictish to be one ; but if the Picts had then spoke the Saxon Language , he would not have distinguished it from the Saxon ; ( which then the English used , without corruption ; ) And partly also , out of those very Verses of Claudian , where he expresly declares ; That the Picts were a different People from the Saxons ; For , he says , that the Orcades were the Country of the Saxons ; and Thule , of the Picts ; but whatsoever their Original were , in this our Age , they use a Language different both from Scotch and English , but very near the Gothish . In their daily conversation , the common People do as yet retain much of their Ancient Parsimony , and therefore they are very sound in mind , and healthy in Body . (b) Few of them dye of Diseases , but almost all of them , of old Age ; and their Ignorance of Delights and Pleasures contributes more to the maintaining of their health , than the Skill and Diligence of Physitians doth , to others . The same Parsimony makes much , both for the elegancy of their Beauties , and the talness of their Stature . They have but a small increase of Corn , except only of Oats , and Barly . Out of which they extract both Bread and Drink too . Of Animals , which Herd together , they have Sheep , Kine , and divers Goats , so that they have abundance of Milk , Butter , and Cheese among them ; They have also an innumerable company of Sea-Fowl , of which , and of Fishes , their Diet doth , for the most part , consist . There is * no venemous Creature there , no , nor any one Deformed to look upon . They have little Horses , in shew contemptible , but strong enough , for all uses , even beyond belief . They have never a Tree growing , no , nor Shrub , neither , besides Heath ; which happens , not so much for the fault of the Soil , or Air , as of the Laziness of the Inhabitants , as doth easily appear by the roots of Trees , which , in many Places , are there digged out of the Earth . As oft as Foreigners import any Wine thither , they drink it greedily , even to excess . They have an Ancient Cup , or Goblet among them , which , to ( procure the greater Authority to their Carousings ) they say , did belong to St. Magnus , who first instructed them in the Principles of the Christian Religion . It so far exceeds the bigness of other Drinking-bowls , that it may seem to have been a relick of the Feast of the Lapithae . They try an Experiment upon their * Bishops , at their first coming to them , therewith ; He that can drink up a whole One , at one Draught , ( which seldom happens ) they count him a very Nonsuch of a Man ; and do look upon it as an happy Omen and Presage , that the Crop of the following Years will be superabundant . From which practice of theirs , a Man may easily conjecture , that their Parsimony which I spake of , proceeds not so much from Reason and Choice , as from Penury and Want ; and the same necessity which produced it at first , did perpetuate , and transmit , it to their posterity ; Till , the Neighbor-Nations being corrupted by prevailing Luxury , their Ancient Discipline was , by degrees , weakned and impaired , and They also gave up themselves to charming Pleasures and Delights ; and being thus inclined to Luxury , they were hurried on thereto , by their commerce with Pyrates , who , not daring to land on the Continent , because it was full of Inhabitants , took in fresh Water at these Islands , and there , either chang'd their Wine , and other Merthandize , for the Provisions of the Country ; or else , sold them to the Islanders , at a low price ; And , the Islanders , being few in number ; and unarmed too , and dispersed also in the tempestuous Sea , that they could not convene to assist one another , being conscious of their own weakness , either did receive , or , at least , did not reject Security , brought home to their doors , especially , it being mixed with Gain and Pleasure , to boot , which are the usual Companions thereof . But this pollution of Manners did infect the Great ones mostly , and the Priests . Among the Vulgar , many footsteps of their former Moderation do yet remain . * The Sea is there very raging and tempestuous , which is caused , not only by the violence of Winds , and the position of the Heavenly Constellations ; But also by the meetings of contrary Tides , raised up , and flowing in from the West Ocean , and making such a conflict between the Streights of the Land , that the Surges , occasioned thereby , sometime meeting , opposite one to another , and being all impetuously whirled together , cannot be passed , neither by Oars nor Sails ; If any Mariners dare come too near , one of these Three mischiefs befals them . They are either driven back , with a forcible violence , into the Sea ; or else , by the rapidness of the foaming Waves , they are dashed upon Shelves and Rocks ; Or , lastly , are swallowed up by the rolling Vortices of the insucking Waters . There are only two Seasons , wherein these Streights are passable ; either , when , upon the Falling back of the Tides , the conflict of Waters ceasing , the Sea is thereby calmed ; or , else when it comes in a full Chanel , to the height of its increase at Spring-Tides , That force languishing , on both sides , which raised and made the Waters Tempestuous and Stormy ; The Ocean , as it were , founding a Retreat to its Storms , and thereupon , the Mountainous Surges thereof do retire ( that I may so speak ) into their own proper Caverns and Recesses . * Moreover , Authors do not agree concerning the number of the Orcades ; Pliny reckons them to be Forty ; others , about Thirty ; But Orosius comes nearest the Truth , he makes them Thirty Three , of which , Thirteen are inhabited ; the rest , not ; but left to feed Cattle . For many of them are low , and so narrow in compass , that if they should be Tilled , they would scarce maintain above one person or two . Some of them shew like bare Rocks , or else , such as are covered but with squalid Moss . The biggest Isle of the Orcades , is call'd by many of the Ancients * Pomona ; At this day they call it the Main Land , because it exceeds the rest so much in bigness ; for it is Thirty mile long ; It is well inhabited , for it hath in it Twelve Parish Churches , and one Town , besides ; which , the Danes , who were long Masters of the Orcades , called Cracoviaca ; we Scotchmen , call it , by a corrupt name , * * Kirkwall . In this Town there are two Castles of a reasonable bigness , standing near together , one belonging to the King , the other to the Bishop . And between them is a Church magnificent enough , for those places ; Between the Church , and the Castles , there are frequent Buildings on both sides , which the Inhabitants call Two Cities , one the Kings , the other the Bishops . The whole Isle runs out into Promontories , between which the Bays of the Sea making an influx , do afford safe Anchoring for Ships , and here and there , a good Port. In Six several Places of this Island , there are Metals * i. e. White and Black Lead , so good , that there are not better in all Britain . This Island is about Twenty four Mile distant from Caithness . The Pictish Sea , called * Pentland Firth , running between them ; of whose Nature we have spoken before . In that narrow Sea , there are many scattered Islands , of which * Strom-oy , not unfruitful for the bigness of it , is distant from Caithness but a Mile , but they do not reckon that amongst the Orcades , because of its propinquity to the British shore ; and also because the Earls of Caithness have always been Lords of it . Sayling from hence towards the North , we meet with * South Ranalds , or Ranals-Oy , the first of the Orcades , which is Sixteen Mile from Dungsby-head , Skiffs and small Ships pass over in Two Hours from it , to this Island , the Tide being with them , though there be no Wind , such is the Violence of this Current . This Island is Four Miles in length , and it hath a convenient Port , Sirnamed St. Margarets hope . From it , a little towards the East , are two small Islands , uninhabited , and left for Cattle to Pasture in . They call them in their Country Speech , (a) the Holmes , that is , Grassy Plains situate by Waters . To the North , is the Island Burra , and two Holmes between That and Mainland . From * Burra toward the West , there lie Three Islands in order , Scuna , Flata , and Fara ; and beyond them , Hoia , and Valis or Waes-Isle , which some make Two , others but One Island , because about both the Equinocts ( at which times , the Sea doth most Tempestuously foam and rage ) the Tide falling back , and the Lands being bared , they cohere and are joyned together by a narrow neck of Land , and so make One Island ; but upon the return of the Tide , and the renewed inter●acency of the Sea , they again represent the form of Two. In this Island are the highest Mountains of all the Orcades . (b) Hoia and Waes Isle are extended Ten Miles in length , and from Ranalsa , they are distant Eight Miles ; from Duncansby or Dungisby , in Caithness , above Twenty Mile . On the North is the Island * Granisa , situate in a very narrow Arm of the Sea. For Hoia is distant from the nearest Promontory , which is That of Pomona , or Mainland only two Mile . These are the Islands situate in the very Streights , between Mainland and Caithness . The West side of Mainland looks to the open Sea , no Islands or Rocks appearing therein : From its East Promontory it a little runs out into the Sea ; (c) Coupins-Oy , almost covers it on the North. Nearer the shore is * Siapins-Oy , something inclining to the East , situate over against Kirk-wall , two Miles distant . it self being Six Mile long . On the West part of Mainland , lies (d) Rows-Oy , Six Miles in length . From thence toward the East stands * Eglisa , or Eglis-Oy , where Fame reports , that St. Magnus was buried . From hence to the Southward , lie (e) Wyer-Oy , and Gress-Oy , and not far from thence Wester-Oy , which is Eighty Miles distant from Schetland . Papa , and Stronza , are also Eighty Miles distant from Schetland . Almost in the middle of the passage between them , lies * Fara , or Fair Isle , which is conspicuous and visible both from the Orcades , and from Schetland too ; for it ariseth into Three very high Promontories , begirt with lofty Rocks , every way inaccessible , save that toward the North East , it being a little lower , affords an Harbour safe enough for small Ships . The Inhabitants thereof are very Poor ; for the Fishermen , which Sail that way every year , coming to Fish from England , Holland , and other Countries near the Sea , do plunder and carry away , what they please . The next after It , is the greatest Island of (f) the Schetlandish , and therefore the Inhabitants call it the Continent or Mainland , it is Sixty Miles in length , and in some places Sixteen in bredth , it spreads it self into many small Promontories : Two of them I shall Name , the one long , but narrow , running to the North ; the other broader running to the South-East . The Maritime parts of it are , for the most part , inhabited ; but to the inward parts no Animal comes but Fowl. Some few years since , the Inhabitants endeavoured to form Plantations , further then their Ancestors had done , but the success did not answer . Their wealth is from the Sea , for it lies convenient for Fishing on every side . Ten Mile further toward the North , is the Isle Zeal , (g) or Yell , above Twenty Mile long , and Eight broad ; so uncouth a place , that no Creature can live therein , unless he be born there . A Merchant of Breme is reported to dwell in this Island , who doth import all sorts of Foreign Wares ( which the Inhabitants have need of ) in great abundance . Between this Island and Mainland , lie these small Islands , L●nga , Orna , Bigga , * Sancterry . About Nine Mile beyond it , to the North , stands Vuist , extended above Twenty Mile in length , and Six in bredth . 'T is of a plain and level Soil , otherwise 't is not unsightly to the Eye , (h) but that it is surrounded with a very raging Sea. Between it and Yell , Via , Vra , Linga , are interjected . Beyond it toward the West , are the two Skerrys and Burra ; on the East is Balta , Honnega , Fotlara , or Pheodor-oy , Seven Mile long , distant Seven Mile from Vuist , and Eight from Yell , 't is over against the Streights which divide Vuist from Yell. Then many Petty Islands lie on the East-side of the Mainland , as Mecla , the Three Eastern Skirrys , Chualsa , or * Whals-Oy , Nostvada , Brasa , and Musa ; the West side is begirt with the Western Skirrys , Rotti , Papa the less , Vemendru , Papa the greater , Vallu , Trons Isle , Burra , Hara the greater , Hara the less , and amongst them almost as many Holmes , or Plain Islands , for Pasturage only are interspersed . The (i) Schetlanders live after the same manner , as the Islanders of the Orcades do , save that as to their Houshold Provision , they are a little more hardy . Their Apparel is after the German Fashion , which according to their Abilities is not uncomely . Their incomes arise from a sort of Cloth , which they make very thick , and sell to the Norwegians , as also from Oyle , expressed out of the inwards of Fishes ; from Butter , and from Fishing : They Fish in small Vessels of two Oars , which they buy of the Norwegians . Part of the Fish which they catch , they Salt , and part they dry in the Wind. Out of those being sold , they raise up a Sum of Money to pay their Tribute , and to provide Houses , wherein they may dwell , and Houshold Stuff , so that a great part of their livelihood arises from thence . They who study neatness in their Houshold Utensils , have some Silver Vessels also . They use Measures , Numbers and Weights , after the German Fashion . Their Language is also German , * or almost the ancient Gothish . They know not what 't is to be Drunk , only every Month they invite one another , and on those days they are (k) innocently Merry and Jocund , without those Brawls and other Vices , which are occasioned by Drunkenness , for they persuade themselves that this custom contributes much for the maintaining of Mutual Friendship . The firmness of their Health appeared in one Nam'd * Lawrence in our Age , who , after he was an Hundred years old , Married a Wife . And when he was an Hundred and Forty , he used to Fish with his Skiff even in a very rough and Raging Sea , he died but lately , not by the force of any grievous Disease , but only by the Infirmities and Languishment of old Age. The Second BOOK . WHEN I endeavored to retreive the Memory of British Affairs , for above Two Thousand years past , many Impediments did offer themselves in Bar to my design ; amongst which This was the chiefest , That there were for a long time no Monuments of Learning in those Countries , whence the knowledge of our Original was to be fetched ; and when Letters came , though but late , into play , they were nipp'd almost in the very Bud ; for I may safely affirm , That all the Nations which hitherto have seated themselves in Britain , have passed thither from France , Spain and Germany . The French first of all received the * Characters of Letters from the Marsellian Greeks , by which they used to make up their Accounts , and to send Letters one to another . The Figures of the Letters , were Greek ; but the Langauge was Gallick . But their Laws and the Rites of their Religion , they did not commit to Writing , no not in Iulius Caesars time ; and much less did they Record their Noble Exploits , which yet , 't is very probable , were very considerably Great ; and those things which were either acted , or suffered , or else undergone in Italy , Germany , Thrace , Macedonia , Graecia , and Asia , had been buried likewise in the same Oblivion , ( so that Posterity would never have come to the knowledge of them , ) if Foreign Writers had not Recorded and Transmitted them down to us . I confess , in Spain , the Greeks had the use of Letters ; and before them , the Phaenicians , who inhabited the shore of the Mediterranean Sea : But of the Barbarians , only the (a) Turdetani ( as Strabo writes , ) had any knowledge of them . But as for any Ancient Writer , there was yet none that I know of . For Varro , Pliny , and if there were any other Latin Authors , who touched any thing , by the by , concerning the first Inhabitants of Spain , they confirm their Opinions therein , rather by bare Conjectures , than the solid Testimony of Writers : In that part of Britain which * Caesar visited , there were no ancient Records at all ; and among the more Inland Inhabitants , which were more Barbarous , they were much less to be expected . So that when he asked them , concerning the Origin of their Nation , and the oldest Inhabitants thereof , as he writes , they return'd him no certain answer at all . After Caesar , Cornelius * Tacitus , an Author both Faithful and Diligent , when the Roman Navy had coursed about Britain , and had discovered all the inmost Roads and Recesses thereof ; yet he found out nothing of certainty , that he could commit to Posterity . Moreover * Gildas , who lived above Four Hundred years after Tacitus , doth affirm , that what he writes was not from any Monuments of Antiquity , of which he could find none at all , but from Transmarine Report . As for * Germany , That Country was furnished with Learning last of all ; but seeing , she had nothing to produce out of old Records , which could be avouched for Truth , according to her wonted Ingenuity in other Cases , she Coyned no Fictions of her own , to obtrude on the World. So then , they , who affirm , that they deduce the Original of the Britans from old Annals , must first tell us , Who transmitted down those Annals to us ? As also , Where they have been concealed so long ? And how they came down uncorrupted to us , after so many Ages ? In this case , some fly to the Bards and * Sanachies , as the Preservers of Ancient Records , but very ridiculously , which will be more clearly understood , if I explain what kind of Men these were , to whom they would have credit to be given , in matters so Momentous , and those so obscure too , and so remote from our Memory . First * Strabo , and Ammianus do clearly enough express , what the Bards were , both before , and also in their Times . But * Lucan doth it very plainly and succinctly , as to our present purpose , in these Verses , Vos quoque qui fortes animas , belloque peremptas , Laudibus in longum , Vat●s , diffunditis aevum , Plurima s●curi fud●stis carmina , Bardi . Englished thus : Ye Bards , such Valiant Souls , as fall in War , Perpetuate with Rhimes , and Praises rare . But the very Oldest of them were altogether ignorant of Letters , neither did they leave any Records of Ancient Matters behind them . The other were Bardlings or Sanachies , ( as they call them , ) which were maintain'd by the chief of the Ancient Clans , and by some Wealthy Men besides , one a peice , on purpose to Chant out ( by Heart , ) the Memories of their Patrons , and the Atchievements of their Ancestors , from their first Rise . But these too , having no Learning at all , let any Man judge , what credit is to be given to them , all whose hopes and subsistence did depend on Soothing and Flattering of others . Besides , though what they deliver were most true , yet it would not much advance the Writer of an History : Lastly , let us consider , how often the Writers of such Famous Deeds as are past , are found in manifest Mistakes , how often they themselves do Waver , Doubt , Fluctuate , and are at a loss , and how vastly some of them do differ from others , and not a few contradict themselves . If such Lapses are incident even to those , who seek after Truth , with great Labour and Study , what can we hope for , from such other Persons , who being without Learning ( by which they who casually mistake , may be better informed , and those who mistake on purpose , may be confronted , ) do trust their Memory , alone ? I might allege , that the Memory is often times impaired by Disuse ; it is weakned by Age ; or wholly lost by some Diseases . Besides , if they have a desire to please their Patrons , ( as it often comes to pass , ) or , on the contrary , if they have a mind to cross them ; or , if the Passions of Anger , Hatred , or Envy do intervene , ( which pervert the Judgment , ) Who can affirm any thing for Truth , upon such Mens Authorities ? Or , Who would take the pains to refute it , though it were False ? Or , Who would deliver down for certain , what he received from such uncertain Authors ? Wherefore , in so great a silence of old * Writers , ( concerning matters of Antiquity , ) who were all so hugely ignorant , even of things acted in their own times , there being nothing assuredly true and sincere , I count it more modest , to be silent in what one knows not , than by devising Falshoods to betray ones own Ignorance , and to slight and despise the better Judgments of other Men. It follows then , that there was so great a scarcity of Writers amongst all the Nations of the Britains , that , before the coming in of the Romans thither , all things were buried in the profound Darkness of Silence , in so much , that we can get no Information of what was Acted , even by the Romans themselves , otherwise than from Greek and Latin Monuments : And as for those things , which preceded their coming , we may believe rather their Conjectures , than our own Fictions . For what our Writers have delivered , every one concerning the Original of his own Sept or Nation , is so absurd , that I should have counted my time lost to go about to refel it , unless there were some who delighted in such Fables , as if they were as true as Gospel , and so prided themselves with the Ornaments of other Mens Feathers . Moreover , the disagreement of later Writers makes a great accession to the difficulty of this Task , for they deliver such Repugnancies , that a Man cannot well tell , whom to follow ; yea , there is such an absurdity amongst them , that all of them seem most deservedly fit to be rejected . Neither do I so much wonder at the Silence of the Ancients , in a matter so obscure , or the Dissonancy of later Writers in feigning Falshoods ; as at the agreeing impudence of some few : For they write of those times , in which all things were dubious and uncertain , with so much positiveness and confidence , as if their design were rather to court the Readers Ear , than to respect the Faithness of their Narrations . For in those first times , seeing the use of Tillage was not common , neither among the Britains , nor many other Nations ; but all their Wealth consisted in Cattle , Men had no regard to their substance , which was very small , because they were either expelled from their Habitations by such as were more powerful than themselves ; or , they themselves did drive out the weaker ones ; or else , they sought out better Pasture for their Cattle in Wild and Desert places : Upon one or other of these Grounds , they easily changed , their Dwellings , and the Places , they removed to , with new Masters soon got new Names . Besides , the Ambition of the wealthier sort added much to the difficulty , who , to perpetuate their Memory to Posterity , called Countrys , Provinces and Towns by their own Names . Almost all the Cities in * Spain , had two Names . The Names of the Inhabitants in It , and also the Names of the Cities and Countries therein , received frequent alterations . Not to speak of Egypt , Greece , and other remote Countries . Saepius & nomen posuit Saturnia tellus . Fair Italy ( says Fame , ) Full oft hath chang'd her Name● Add hereunto , that those Nations , who live in the same Country , have not always the same Names . That which the Latins call * Hispania ; The Greeks , Iberia ; The Poets , Hesperia ; St. Paul in his Epistle , Theodoret and Sozomen in Their History , call Spania ( i. e. ) Spain . The Name of the Greeks , so celebrated by the Latins , and all Nations of Europe , is more obscure than the Greeks themselves . The Hebrews and Arabians keep their Old Words , almost in all Nations , which were not so much as heard of by other People . Scot , and English are the common Names of the British Nations , which , at this day , are almost unknown to the Ancient Scots , and Britains ; for they call the one Albines , the other Saxons . And therefore 't is no wonder , if , in so great an uncertainty of Human Affairs , as to the Names of Men and Places ; Writers , who were born at several times , far distant one from another , and having different Languages , and Manners too , do not always agree amongst themselves . Though these things have occasioned difficulties great enough , in searching out the first Original of Nations , yet some of the Moderns too , being acted by a Principle of Ambition , have involved all things in more thick and palpable darkness . For , whilst every one would fetch the Original of his Nation , as high as he could ; and so endeavour to enoble it by devised Fables , by this immoderate Licence of coyning Fictions , What do they but obscure ▪ That , which they ought to Illustrate ? And , if at any time they speak Truth , yet , by their frequent and ridiculous Untruths , at other times , they detract from their own Credit ; And are so far from obtaining that Esteem , which they hoped for , that , by reason of their Falshoods , they are laughed at , even by those , whom they endeavour'd to cajole into an Assent . To make this plain , I will first begin , as with the Ancientest Nation , so , from the most notorious and impudent Falshood . They who compiled a * New History of the Ancient Britains , having interpolated the Fable of the Danaides , proceed further to feign , That one * Diocletian , King of Syria begat 33 Daughters on his Wife Labana ; who killing their Husbands on their Wedding night , their Father crouded them all together into one Ship , without any Master or Pilot ; who , arriving in Britain , then but a Desert , did not only live solitarily in that cold Country ; and not very full of Fruits growing of their own accord , neither ; but also , by the Compression of Cacodaemons ( forsooth ) they brought forth Giants , whose Race continued till the arrival of Brutus . They say , the Island was called Albion from * Albine , and that * Brutus was the Nephews Son of Aeneas , the Trojan , and the Son of Aeneas Sylvius . This Brutus having accidentally killed his Father with a Dart , it was looked upon as a lamentable and piteous Fact , by all Men ; yet , because it was not done on purpose , the punishment of Death was remitted , and Banishment either enjoyned , or voluntarily undertaken , by him . * This Parricide having consulted the Oracle of Diana , and having run various hazards through so many Lands and Seas , after 10 years arrived in Britain , with a great number of Followers ; and by many Combats having conquered the terrible Giants in Albion , he gain'd the Empire of the whole Island . * He had three Sons , ( as they proceed to Fable ) Locrinus , Albanactus , and Camber ; between whom the Island was divided ; Albanactus ruled over the Albans , afterwards called Scots ; Camber over the Cambrians , ( i. e. ) the Welsh ; They did both Govern their several Precincts ( as Vice-roys ) yet so , as that Locrinus had supreme Dominion , who , being Ruler of the rest of the Britans , gave the Name of * Loegria to his part . Later Writers , that they might also propagate this Fabulous Empire as much as they could , do make this Addition to it , That Vendelina succeeded her Father Locrinus ; Madanus , * Vendelina ; Menpricius , Madanus ; and Ebrancus , Menpricius , which later , of Twenty Wives begat as many Sons ; of which , Nineteen passed into Germany ▪ and by force of Arms conquered that Country , being assisted by the Forces of their Kinsman , Alba Sylvius ▪ and from those Brothers the Country was called * Germany . These are the things , which , the Brittons , and after them , some of the English , have delivered concerning the first Inhabitants of Britain . Here I cannot but stand amazed at their design , who might easily , and without any reflection at all , have imitated the Athenians , Arcadians , and other famous Nations , and have called themselve , * Indigenae , seeing it would have been no disgrace to them to own that Origin , which the Noblest and wisest City in the whole World counted her Glory ; especially , since that Opinion could not be refuted out of Ancient Writers ; and had no mean Assertors , besides ; yet , that they had rather forge Ancestors to themselves , from the Refuse of all Nations , whom the very Series of the Narration itself did make suspected , even to the unskilful Vulgar ; and also none of the Ancients , no , not by the meanest suspition , did confirm . Besides , if that had not pleased them , seeing it was free for them , ( as some of the Poets have Writ ) to have assumed Honourable Ancestors to themselves , out of any old Books ; I wonder in my heart , what was in their Minds , to make choice of such , of whom all their posterity might justly be ashamed . For what great folly is it , to think nothing Illustrious , or Magnificent but what is Profligat and Flagitious , or , at least , but a size below it ; yet some there are , that value themselves , among the ignorant , upon the score of such Trifles ; as for Iohn Annius , a Man ( I grant ) not unlearned , I think , he may be pardoned , seeing Poets claim a Liberty to celebrate the Original of Families , and Nations , with the mixture of Figments , but 't is not equal to allow the ●ame Privilege to those who undertake , professedly , to write an History . To begin then farthest off : What is more abhorrent from all belief , than that a few * Girles , without the help of Men to manage their Vessel , should come from Syria , through so many Seas ( which Voyage , even now adays , ( when Men have attain'd , by Use and Custom , more skill in Navigation , ) is yet hazardous , ( thô with a brave and well-furnished Navy , ) to the fag end , as it were , of the World , and into a desolate Island too ; and there to live without Corn or Fruits of Trees ; Yea , that such Ladies of a Royal Stock should not only barely maintain their Lives , in so cold a Climate , destitute of all things ; But also should bring forth Giants ; and that their Copulations , or Marriages , might not seem unsuitable to their State , that they were got with Child ( would you think it ? ) by Cacodaemons . As for that Diocletian , pray , at what time , and in what part of Syria , did he Reign ? How comes it to pass , that Authors make no mention of him , especially since the Affairs of no Nation are more diligently transmitted to Posterity , than those of the Syrians are ? How came he to be called * Diocletian ? Certainly that Name took its rise a Thousand Years after him , amongst the Barbarians , and being Originally Greek , is declined after the Latin form . The next Accession of Nobility , ( forsooth ) is * Brutus , the Parricide , that he so might not , in that respect , be inferiour to * Romulus . This Brutus , whatsoever he were , whom the Brittons make the Author of their Name and Nation , with what Forces , with what Commerce of Language , could he penetrate so far into Britain ? Especially in Those Times , wherein the Roman Arms , even in the most flourishing State of their Commonwealth , having conquered almost all the World besides , could scarce come : For it is needless to mention , how , before Rome was built , the Affairs of Italy were at a very low ebb ; and how the Inhabitants thereof were averse from all Peregrination and Travel . Neither need I enquire , Whether he came by Land , or Sea ? The Alps , till that time , were pervious only to Hercules ; and the Gauls , by reason of their connatural Fierceness , were as yet unacquainted with converse of Foreigners . As for Sea-Voyages , The Carthaginians and the Greeks inhabiting Marseilles , scarce dared to venture into the Ocean , but very late , and when things were well setled at Home ; And , even then , their Voyages were rather for Discovery , than Conquest ; much less can we believe , that Alban-Shepherds , a wildish sort of people , would undertake so bold an attempt . Besides , all Men , who are not ignorant of Latin , do know , that the Name of * Brutus began to be celebrated under Tarquinius Superbus , almost Five Hundred Years after that Commentitious Brutus ; when Lucius Iunius , a Nobleman , putting off his Native Grandeur , descended below himself , on purpose , to avoid the Cruelty of their Kings ; And , on pretence of being Foolish , he took that new Sirname to himself , and transmitted it to his Posterity . But the Monk , who was the Forger and Deviser of this Fable of Brutus , seemed to see the absurdity of the Invention , himself ; yet , he thought to stop all Mens Mouths with the pretence of Religion ( forsooth ) in in the Case , and would have every Body think , that they obeyed the Oracle of Diana . Herein , I will not be nice in inquiry , why this Oracle of Diana was unknown to Posterity , when the Oracles of * Faunus , (a) of Sybilla , and the (b) Praenestine Vaticinations , or Lots , were then in so great Credit . I will only ask , In what Language did Diana answer ? If they say , In Latin ; I demand , How Brutus could understand a Language , which arose Nine Hundred Years after his time ? For , seeing Horace , a very Learned Man , doth ingenuously confess , That he did not understand the (c) Saliar Rythmes , which were made in the Reign of Numa Pompilius , How could that Brutus , who died so many Years , before the Priests called (c) Salii were instituted , understand Verses , made long after Horace his time , as the Tenour of their Composure doth shew ? Besides , how could the Posterity of Brutus , so totally forget the Latin Tongue , that not the least Footsteps of it remain'd amongst them ? And whence got They that Language which they now use ? Or , if it be granted , that their ( supposed ) Gods , as well as their Men , then spake British in Italy , yet surely it was not the Tongue the Britains now make use of ; For That is so patch'd up of the Languages of the Neighbour-Nations , that several Countries may know and own their own Words therein . But if they say , That those Ancient Latins spake British , how could that Monk understand so old a Word , which was given forth 2000 Years before ? But why do I prosecute these things , so particularly , seeing it appears by many other Arguments also , that the same Monk did forge this whole Story , and begat such a Brutus , ( in his own Brain ) as never was in Nature , and also devised the Oracle of Diana , too . I shall add the Verses themselves , that the Vanity of such cunning Sophisters may more easily be discovered . * Brutus's Address to the Oracle . Diva , potens nemorum , Terror Sylvestribus apris , Cui licet anfractus ire per aetherios , Infernasque domos : Terrestria Iura resolve ▪ Et dic , quas terras nos habitare velis . Dic certam sedem , quâ te veneremur in avum , Quâ tibi Virgineis Templa dicabo choris . Englished thus : Goddess of Groves , and Wild-Boars chase , Who dost th' Etherial Mansions trace , And Pluto's too ; Resolve this Doubt , Tell me , what Country to find out , Where I may fix , and Temples raise , For Virgin-Chores to sing thy praise . The Oracles Answer . Diana answers in Verses of the same kind , ( so that they must needs be made by one and the same Poet ) not perplexed and ambiguous ones ; or , such as may be interpreted divers ways , but clear and perspicuous ones , wherein she promiseth That which she could never give , viz. The Empire of the whole World. Brute , sub Occasum Solis trans Gallica regna , Insula in Oceano est , undique cincta mari . Insula in Oceano est , habitata Gigantibus Olim , Nunc deserta quidem , Gentibus apta Tuis . Hanc pete , namque tibi Sedes erit illa perennis , Haec fiet natis altera Troja tuis ; H●c de prole tuâ Reges nascentur , & illis Totius Terrae subaitus Orbis erit . Rendred thus : Toward the West , beyond Gauls Kingdom 's Bound , An Isle there is , which th' Ocean doth Surround ; An Island once inhabited by Giants fell , Now desolate , where thy Comrades may dwell ; Go thither , Brutus , there 's a lasting place , Another Troy for Thee , and for thy Race ; Kings of Thy Stock shall there the Scepter sway , Whom the subdued World shall Obey . I suppose , by these Verses , compared with the Histories , the whole Forgery will be discovered , and that plainly enough . For , besides the vain promises on both sides , the Rythms say , That the Island was not then inhabited but desolate , but that it was inhabited before ; But where ( I pray , ) then were those Portentous Figments of Gogmagog and Tentagol , and other frightful Names of Men , invented for Terrour , ( shall I say , ) or for Laughter , rather ? What will become of those doughty Combates of Corineus , and others , the Companions of Brutus , against not the Earth-born , but Hell-born , Giants ? Thus far concerning Brutus , and his Oracle . Though these be so great Fictions , yet Posterity is so little ashamed of them , that , but a few years ago no mean Writer amongst them , hath impudently feigned , That the Trojans spake the British Language . (d) Homer and * Dionysius Halicarnasseus , do easily refel the vanity of this shameless Opinion . For the one gives Greek Names to all the Trojans ; the other in a long and serious Disputation , doth contend , that the Trojans were Originally Greeks ? I pass by this consideration , that when Brute arrived in England with no great Train , how within the space of Twenty years he could establish Three Kingdoms ; and how , they , who , all of them put together a● first , could scarce make up the number of one mean Colony , should in so short a time People an Island the biggest in the whole World , and furnish it not only with Villages and Cities , but set up in it Three large Kingdoms also ; yea , who a while after , it seems , grew so numerous , that Britain could not contain them , but they were forced to Transport themselves into the large Country of Germany ; where , overcoming the Inhabitants , they compelled them to assume their own Name , which was not a British , but a Latin one ; and so from those Nineteen Brothers , ( forsooth , ) ( which indeed were not properly own Brothers , as we say , for almost each of them had a several Mother , ) that the Country should be called Germany . I have related this Fable , as absurd as it is , not to take the pains to refute it , but to leave it to the Germans themselves for Sport and Ridicule . This in General concerning the Fables of the Brittons . But the intent of those who devised them , seems not very obscure to me , for that Monstrous Fiction of Devils lying with Virgins , seems to tend hereto ; viz. That they might either prove an Alliance between their Brutus , and two of the greatest Neighbouring Nations ; or else , that they might vye with them in the Nobleness of their Original . For the Gauls affirmed , ( as Caesar hath it ) that they were descended from Father Pluto ; and so did the Germans , according to Tacitus . The cause of devising this Figment , concerning Brutus , seems to be alike . For seeing the (e) Buthrotii in Epirus , other People in Sicily ; The Romans , Campanians , and Sulmonenses in Italy ; The * Arv●rni , * Hedui , (f) Sequani , and last of all the (g) Francs in Gaul , did celebrate , I know not what , Trojans as their Founders . The Writers of British Affairs , also thought it very conducive to the advancement of the Nobility of their Nation , if they derived its Original too , from the very Archives of Antiquity , and especially from the Trojans , either because of the famousness of that City , which was praised by almost all Nations ; or else , by reason of its Alliance with so many Nations , which are said to have started up , as it were , out of the same common Shipwrack of that one Town . Neither did they think themselves guilty of any effrontery in the Falshood , if they did somewhat participate of the ( feigned ) Nobility , which upon the same account was common to so many Nations , besides themselves . Hence arose , as I judge , the Fiction of Brutus , and other Fables of an older date , as impudently devised , as foolishly received ; it will , perhaps , be enough to shew the vanity of all those things , to put the Reader in mind , that they were unknown to Ancient Writers ; that when Learning flourished , they dared not peep abroad , that they were coyned in its decay , recorded by unlearned Flatterers , and entertain'd by ignorant , and too credulous , Persons , who did not understand the Fraud of such Cheaters . For such is the disposition of those Impostors , who do not seek the publick good by a true History , but some private advantage by Flattery , that when they seem highly to Praise , the● they most of all deride and jeer . For what do they else , who , pretending to advance the Nobility of a People , for its greater splendor do fetch it from the Skum and Riffraff of Nature ? And yet , credulous , ( shall I say , ) or not rather sottish Persons , do Pride themselves with a pretended Eminency of an Original , which none of their Neighbours will envy them for . They also who have wrote of * Scotish Affairs , have delivered down to us a more Creditable and Noble Origin , as they think , but no less Fabulous than That of the Britains . For they have adopted Ancestors to us , not from the Trojan Fugitives , but from those Greek Hero's , whose Posterity Conquered Troy. For , seeing in those Ancient times , two Nations of the Greeks were most of all celebrated , the (h) Dores and the (h) Iones , and the Princes of the Dores were the Argivi ; and of the Iones , the Athenians . The Scots make one (i) Gathelus to be the chief Founder of their Nation , but whether he were the Son of Argus , or of Cecrops , that they leave in doubt ; and that they may not be inferior on this accompt , to the eminency of the Romans , they added to him a strong Band of Robbers , with which he going into Egypt , perform'd gallant Exploits , and after the departure ( would you think it ) of Moses , was made General of the Kings Forces in that Land. And that afterwards , with his Wife Scota , the Daughter of the King of Egypt , he sailed about the whole shore of Europe , adjacent to the Mediterranean Sea , and having passed through so many Countries , which were desolate in that Age , or else , inhabited but by few , and in few places , as Greece , Italy , France , ( not to mention the numerous Islands of the Mediterranean Sea , ) some will have him to Land at the River (k) Iberus , but leaving that Country which he could not keep , they draw him on further to (l) Galaecia , a Country much more Barren . Some Land him at the Mouth of the River * Durius , being the first of all Men , as I suppose , who adventured into the Ocean with a Navy of Ships ; and that there he built a brave Town , which is now called from his Name Portus Gatheli , or Port a Port , whence the whole Country , which from Lusus and Lusa , the Children of Bacchus , was a long time called (m) Lusitania , began to be called (m) Portugal , and afterwards being forced to pass into Gallaecia , he there built Brigantia , now called Compostella ; also that Braga in Portugal was built by him , at the Mouth of the River Munda . These are the things which the Scots have fabulously wrote concerning the Original of their Nation . In feigning of which , how uncircumspect they were , we may gather from hence , that they did not give a Greek Name , to that Grecian Gathelus , who was indeed unknown to the Greek Writers ; that they allotted a Latin Name , from an Haven or Port , to the City built by him rather than a Greek one , especially in those times , when Italy it self was known to few of the Greeks ; that they doubt whether he were the Son of Argus , or of Cecrops ; seeing Argus lived almost an Hundred years before Cecrops . That he , who had arrived at such a Figure by his Prudence , even amongst the most ingenious Persons of the World , as to enjoy the Second place to the King , and to be put in Moses , the Fugitiv's , room ; and besides , being a stranger , to be honoured with the Marriage of the Kings Daughter ; that he , I say , leaving the fruitfullest Region in the World , and passing by the Lands of both Continents , both to the Right and Left , and also so many Islands all fruitful in Corn , and some of them also famous for the Temperature of the Air , as Crete , Sicily , Corsica , Sardinia , ( which , at that time , were rather seiz'd than cultivated , and inhabited by a wild sort of People , ) should break out into the very Ocean , the very Name whereof was formidable , especially since Men had then but small skill in Marine Affairs ; or , that he built the City of Port-Gathelus , or Port a Port , at the River Duero , the Name of which City was never heard of till the Sarazens obtain'd the Dominion of Portugal ; also , that he built Braga , at the Mouth of the River Munda , seeing there is so many Miles distance between Braga and Munda ; Two Rivers also being interjected betwixt them , viz. Duero and Vouga , or Vaca ; and Braga it self is not altogether a Maritime place : Moreover , I may well ask , how Gathelus a Grecian , born of a Noble Family ; and besides , eminent for famous Deeds , seeing he was of a most ambitious Nation , in commending his Name to Posterity , and being conveighed with a great Train into the extream parts of the World , and as then matters stood , almost rude and barbarous , having built Towns , did not impose his own , no not so much as a Greek , Name on them . For the Name of Portugal , or , ( as some will have it , ) the Port of Gathel , being unknown to so many Ancient Writers , who have professedly undertook to describe the Names of Countries , and Places , began to be celebrated but about Four Hundred years ago . And the silence of all the Greeks and Latins , concerning the coming of Gathelus into Spain , makes it much suspected , especially since the Ancients make notable and frequent mention of the Phaenicians , Persians , Carthaginians , Iberians , Gauls , and of the Companions of Hercules and Bacchus , who came into that Country . But our Fablers , ( as I judge ) never read the Monuments of the Ancients ; if they had , seeing it was free for them to assume an Author and Founder of their Nation and Nobility , out of any of the Famous Grecians , they would never have pick'd up an Ignobler Person , for their Founder ; passing by Hercules and Bacchus , who were Famous amongst all Nations , and whom they might have cull'd out , as well as any other , for the Original of their Race . These are the things which our Writers have delivered , concerning the Rise of our Nation , which , if I have prosecuted more largely , than was necessary , it is to be imputed to them , who pertinaciously defended them , as a * Palladium dropt down from Heaven . He that considers That , will , no doubt , by reason of the obstinacy of my Adversaries , be more favorable to me . Concerning the other Nations , which came later into these Islands , and fixed their Habitations there , Picts , Saxons , Danes , Normans , because their History doth not contain any Monstrous absurdity , I shall speak of them hereafter , in a fitter place . But these two Nations ( which I have mentioned , ) seem to me to have deduced their Original from the Gauls , and I will give you the reasons of my Judgment therein , when I have first premised a few things , concerning the Antient Customs of the Gauls ; all Gaul tho' it be fruitful in Corn , yet it is said to be , and indeed is , more fruitfull in Men ; so that , as Strabo relates , there were 300000 of the * Celiae , only , who were able to bear Arms , though they inhabited but a third part of France , therefore though they lived in a fruitful Country , yet being overburthened by their own multitudes , 't is probable , that for the lessening of them , they were permitted to use * Masculine Venery . Yet neither when by this Expedient , there seemed not provision enough made against the penury of their Soil , the company of Heads being as yet numerous and burdensome , sometimes by publick Edicts , and sometimes by private Persuasions , they sent forth many Colonies into all the neighbouring Countries , that their Multitudes at home might be exhausted . To begin with * Spain , They sent their Colonies so thick thither , that Ephorus , as Strabo relates , extends the length of Gaul even to the Gades or Cadiz , and indeed all that side of Spain toward the North , by the Names of the People and Nations inhabiting them , hath long witnessed a French Original . The first we meet with , are , the Celtiberi . — Profugique a gente Vetustâ Gallorum , Celtae , miscentes nomen Iberis , The wandring Celts in Spain their Seats did fix ; And there their Names with the Iberi mix . These did propagate their bounds so far , that , though they inhabited a Craggy Country , and besides not over fruitful , yet Ma●cus Marcellus exacted from them Six Hundred Talents , as a Tribute . Moreover , from the * Celtae , or Celt●beri , the Celtici derive their Original , dwelling by the River Anas , by Ptolomy Sirnamed * Boetici ; and also other * Celts in Portugal , near to the River Anas , and if we may believe Pomponius Mela , a Spaniard , the Celts do inhabit from the Mouth of the River Duero , unto the Promontory , which they call Celticum or * Nerium , i. e. Capo 〈◊〉 Terrae , but distinguished by their Sirnames , viz. the Groni● , Presamarci , Tamarici , Nerii , and the rest of the Gallaeci , whose Name shews their Original to be Gauls . On the other side , there passed out of France into Italy , the (a) Ligurians , the (b) Libii , (c) the Salassii , (d) the Insubres , (e) the Cenomani , the (f) Boii , and the (g) Senones , and , if we may believe some Ancient Writers , the Venetians themselves . I need not relate how large Dominions these Nations had in Italy , seeing all who are but a little versed in History , cannot be ignorant thereof , neither will I be too scrupulous in inquiring what Troopes of Gauls made their Seats in Thrace , or , leaving it , having subdued Macedonia and Greece , passed into Bithinia , where they erected the Kingdom of (h) Gallo-Graecia in Asia , seeing that matter doth not much concern our purpose . My discourse then hastens to Germany , and concerning the (i) Gaulish Colonies therein , we have most Authentick Evidences , C. Iulius Caesar , and C. Cornelius Tacitus ; the first of them in his Commentaries of the Gallick War , writes , that at one time the Gauls were esteem'd more Valiant than the Germans . And therefore that the (k) Tectosages possessed the most fruitful part of Germany about the Hercynian Forest ; and the Bohemians , as the other affirms , do declare by their Names , that their Founders were the (l) Boii . And sometimes the (m) Helvetians possessed the nearer places between the Rivers Main and Rhene , also the (n) Decumates beyond the Rhene , were of Gallick Original , and the (o) Gothini neer the Danow , whom Claudian calls Gothunni : Arrianus in the Life of Alexander calls them Getini ; and Flavius Vopiscus , in the Life of Probus Gautunni . But Claudian reckons even the Gothunni amongst the (p) Getae ; and Stephanus is of Opinion , that the Getes are called Getini , by Ammianus , so that perhaps the Getes themselves may acknowledge a Gallick Original , seeing it is certain , that many Gallick Nations passed over into Thrace , and there resided in that Circuit thereof , which the Getes are said to have possessed ; Tacitus also writes , that in his time , the Gothini used the Gallick Language ; besides , the (q) Cimbri , as Philemon says , and ( if we believe Tacitus ) the (r) Aest●ones , dwelling by the Swedish Sea , where they gather Amber , did speak British , which Language was then the same with the Gall●ck , or not much different from it . There are many Footsteps of Gallick Colonies , through all Germany , which I would willingly recite , but that , what I have already alleged is enough for my purpose ; viz. To shew how widely France did extend her Colonies , round about Brittain . What then shall we say of (a) Britain it self ; which did equal those Nations neither in greatness , strength , nor skill in Military Affairs ? What did she , that was so neer to the Valiantest of the Gauls , and not inferiour to the neighbour Nations , either in the mildness of the Air , or the fruitfulness of the Soil ; did she , I say , entertain no Foreign Colonies ? Yes , many , as Caesar and Tacitus affirm , and , as I hold , all her 〈◊〉 Inhabitants came from thence . For 't is manifest , that (b) three Nations did anciently possess the whole Island , the Brittons , Picts , and Scots , of which I will speak hereafter . To begin then with the Brittons , whose Dominion was of largest extent in Albium : The first , that I know , who hath discovered any certainty concerning them , was C. Iulius Caesar. He thinks , that the inmost Inhabitants were (c) Indigenae , because , after diligent enquiry , he could find nothing of their first comming thither ; neither had they any Monuments of Learning , whence he might be informed . He says , that the Maritime parts of the Island were possessed by the (d) Belgae , whom hopes of Prey had allured thither , and the fruitfulness of the Soil , and mildness of the Air , had detained there . He thinks this a sufficient argument to confirm his Opinion , that many did retain the Names of the Cities , whence they came , and that their Buildings were like those of the Gauls . Cornelius Tacitus , a grave Author , adds ; that their Manners are not unlike , and that they are equally bold in running into Dangers , and as fearful how to get out of them ; that there were great Factions and Sidings among them Both. And lastly , that Britain , in his time , was in the same State as Gaul was , before the coming of the Romans . Pomponius Mela adds further , That the Brittons used to Fight on Horseback in Chariots and Coaches , being harnessed in French Armour . Add hereto , that Bede , who lived before all those , who have wrote such Fabulous things of the Origin of the Britons , and is of greater Authority than them all , affirms ; That the first Inhabitants of the Island came out of the Tract of Armorica . Some Grammatists of the Greeks , differ much from the above mentioned Authors , for they say , that the Brittons received their Names from Britannus , the Son of Celto . They assuredly agree in this , that they would derive their Original from the Gauls ; of the later Authors , Robertus * Caenalis , and * Pomponius Laetus , in the Life of Dioclesian , ( an Author not to be despised ) do subscribe to this Opinion ; both of them , as I suppose , being convinced by the Power of Truth . Yet , Both seem to me to mistake in this point , that they deduce them from the Peninsula of the Brittons , which is now called Britany to the River Loir , especially since the Maritime Colonies of Britain , as Caesar observes , do testifie by their very Names , whence their (f) Transportation was . It follows , that we speak of the Gallick Colonies , sent into (g) Ireland ; I shewed before , that all the North side of Spain was possessed by Gallick Colonies . And there are many reasons assignable , why they might pass out of Spain into Ireland , for either the easie passage might be a great inducement ; or else , the Spaniards , might be expelled out of their Habitations by the excessive Power and Domination of the Persians , Phaenicians , and Graecians , who , having overcome the Spaniards , rendred them Weak and Obnoxious to their Oppression and Violence . Moreover , there were Causes amongst the Spaniards themselves , for they being a People cemented and made up of many Nations , and not well agreeing among themselves , the desire of Liberty , and the avoiding of Servitude , in the midst of Civil Wars and new Tumults , arising amongst a People that was greedy of War , might make them willing to depart : He that weighs these causes of Transmigration , will not wonder , if many of them did prefer a mean condition abroad , conjoyned with Liberty , before a Domestick and bitter Servitude , and when they were once arrived there , the State of Spain growing daily more and more Turbulent , made them willing there to abide ; for sometimes the Carthaginians , and sometimes the Romans , did exercise all the Miseries of Servility upon the Conquered Spaniards , and so compelled them to avoid those Evils , by a flight into Ireland , there being no other neighbour Nation into which , either in their Prosperity they might so well transport their over-abounding Multitudes ; or else wherein , in adversity they might find a shelter against their Calamities . Besides , the Clemency of the Air did retain them there , for , as Caesar says , the Air of Britain is more temperate than That of France . And Ireland exceeds Both in goodness of Soil , and also in an equal Temperature of the Air and Climate . Besides , Men born and educated in a barren Soil , and given to Laziness besides , as all Spaniards are , being transported almost into the richest Pastures of all Europe , no marvail , if they willingly withdrew themselves from homebred Tumults , into the bosome of a Peace beyond Sea. Notwithstanding all that I have said , yet I would not refuse the Opinion of any Nation concerning their Ancestors , provided it were supported by probable Conjectures , and ancient Testimony . For Tacitus , upon sure Conjectures , as he thinks , doth affirm , that the West side of Britain or Albium , was inhabited by the Posterity of the Spaniards . But it is not probable , that the Spaniards should leave Ireland behind them , being a Country nearer and of a milder Air and Soil , and first Land in Albium , but rather that they first arrived in Ireland , and from thence emitted their Colonies into Britain . And that the same thing happen'd to the Scots , all their Annals do testifie ; and Bede , Lib. 1. doth affirm . For all the Inhabitants of (h) Ireland were first of all called Scots , as Orosius shews ; and our Annals relate , that the Scots passed more than once out of Ireland into Albium : First of all , Fergusius , the Son of Ferchard , being their Captain ; and after some Ages , being expelled from their Habitations they returned into Ireland ; and again , under their General Reutharus , they return'd into Britain . And afterwards in the Reign of Fergusius the Second , great aid of Irish-Scots were sent , who had their Quarters assigned in Gallaway . And Claudian in his time shews , That Auxiliaries were transmitted thence against the Romans ; for he says , — Totam cùm Scotus Iernam Movit , & insesto spumavit Sanguine Tethys . The Scot all Ireland did excite , To cross the Seas , 'gainst Rome to Fight . And in another place , Scotorum tumulos flevit glacialis Ierne . Whole heaps of Scots cold Ireland did lament . But in the beginning , when both People , i. e. the Inhabitants of Ireland and their Colonies sent into Albium , were called Scots , that there might be some distinguishment betwixt them , some Scots were called Irish-Scots , others Albin-Scots ; and by degrees , their Sirnames came to be their Names , so that the ancient Name of Scots was almost forgotten , and not to be retrieved from common Speech , but only from Books and Annals . As for the Name of Picts , I judge it not their Antient and Country Name , but occasionally given them by the Romans , because their Bodies were indented , as it were , with Scars , which the Verses of Claudian do shew , Ille leves Mauros , nec falso nomine Pictos , Edomuit , Scotumque vago mucrone secutus , Fregit Hyperboreas remis audacibus undas . He nimble Moors , and painted Picts did tame , With far-stretch'd Sword the Scots he overcame , And with bold Oars the Northern Seas did Furrow . And elsewhere , Venit & extremis Legio praetenta Britannis , Quae Scoto dat froena truci , ferroque notatas Perlegit exanimes , Picto moriente , figuras . The Legion came , the outmost Britains Guard , Which the fierce Scot did curb with Bridle hard ; And Read the Marks i' th' Skins of dying Picts , Insculp'd with Iron . (a) Herodian also makes mention of the same Nation , but concealing its Name , and says plainly , That they did paint their Bodies ; but he doth not affirm , That they did it with Iron ; Neither ( says he ) are they acquainted with the use of Apparel , but they surround their Belly and their Neck with Iron , as thinking that Metal to be an Ornament and sign of Riches ; as the other Barbarians do , Gold. And moreover , they mark their Bodies with sundry Pictures , and with Animals of all shapes , and therefore they will put on no Garments , lest they should hide their Paint . With what Name they call themselves , the thing is so ancient , that it is hard to determine . 'T is certain , their Neighbour-Nations do not agree concerning their Name ; for the Brittons call them (b) Pictiades ; The English , Pichti ; The old Scots , Peachti . And besides , the Names of some places , which were heretofore under the Jurisdiction of the Picts , but are now possessed by the Scots , seem to have a different Appellation from them all . For the Hills called (c) Pentland-Hills , and the (d) Pentland-Bay , or Firth , seems to be derived from Penthus , not from Pictus . But , I verily believe , those Names were imposed , in after-times , either by the English , or else by the Scots , who used the English Tongue ; for the Ancient Scots did neither understand nor use them . As for the Name of Picts , whether the Romans Translated a Barbarous Word into a Latin one of a near sound ; or , whether the Barbarians applyed a Latin Word , every one to his own Country Tone and Declension , 't is all a case to me . Well then , being agreed of the Name , and it being confest by all Writers , That they came from the Eastern Parts into Britain ; from Scythia , say some ; from Germany , say others ; it remains , that tracing their Footsteps by Conjectures , we come as near the Truth as we can . Neither do I perceive any surer Foundation of my Disquisition , than by painting their Bodies ; so did the (e) Arii in Germany , and the * Agathrrsi , but it was only , that they might appear more terrible to the Enemy in War , and they did it only with the Juyce of Herbs . But seeing the Picts mark'd their Skins with Iron , and stigmatized them with the Pictures of divers Animals : The better way will be to inquire , What Nations , either in Scythia , Germany , or the Neighbor-Countries , did use that Custom of painting their Bodies , not for Terror , but Ornament . And , First , we meet with the (f) Geloni , according to Virgil , of whom Claudian speaks in his first Book against Ruffinus ; Membraque qui ferro gaudet pinxisse Gelonus . The Geloni love to Print Their Limbs with Iron Instrument . We meet also with the (g) Getae in Thrace , mentioned by the same Poet ; Crinigeri sedere patres , pellita Getarum Curia , quas plagis decorat numerosa cicatrix . Skin-wearing Getes consult , with Hair unshorn , Whose marked Bodies num'rous Scars adorn . Therefore , seeing the Geloni , as Virgil writes , are Neighbors to the Getes , and either the * Gothunni , or Getini , according to Arr●anus , are number'd amongst the Getes ; and seeing the Gothunni , as Tacitus says , speak the Gallick Language ; what hinders , but that we may believe the Picts had their Original from thence ? But , from whatsoever Province of Germany they came , I think it very probable , that they were of the ancient Colonies of the Gauls , who seated themselves either on the (h) Swedish Sea ▪ or on the (i) Danow . For the Men of a Gallick Descent , being counted Foreigners by the Germans , ( as indeed they were ) I judge their Name was used in a way of reproach , so that one word , i. e. (k) Walsch , ( with them ) signifies a Gaul , a Stranger , and a Barbarian , too . So that it is very credible , That the Ancestors of the Picts , either being expell'd by their Neighbors , or driven up and down by Tempests , were easily reconciled to the Scots ; yea , were befriended and aided ( as 't is reported ) by them , as a People allyed to Them , almost of the sam● Language with them , and their Religious Customs not unlike . So that , it might easily come to pass , that thereupon they might mix their Blood , and , by Marriages , make a Coalition , as it were , into one Nation . For otherwise , I do not see , how the Scots , which then possessed Ireland , being a fierce and rough-hewn People , should so easily enter into an Affinity and compleat Friendship with Strangers , who were necessitous and destitute of all things , which they never saw before , and with whom they had no Commerce , in point of Laws , Religion , or Language . But here the Authority of Bede , the Anglo-Saxon , doth somewhat obstruct my passage , who is the only Writer , that I know of , that affirms , That the Picts used a different Language from the Scots ; For , speaking of Britain , he says , That It did search after , and profess the Knowledge of the highest Truth , and the sublimest Science in five Languages , the English , British , Scotish , Pictish , and Latin. But , I suppose , Bede calls five Dialects of one and the same Tongue , Five Tongues , as we see the Greeks do , in the like case : And as Caesar doth , in the beginning of his Commentaries of the Gall●ck War. For he says , That Three parts of Gaul did use different Languages and Customs . But Strabo , though he grants that the Aquitans used a different Language from the other Gauls ; yet , he affirms , That all the rest of the Gauls used the same Language , but with a little Variation . The (m) Scots also do not differ from the Britains in their whole Language , but in Dialect rather , as I shall shew hereafter ; seeing their Speech , at present , doth so far agree , that it seems of old to have been the same , for they differ less than some Gallick Provinces do , which yet are all said to speak Gaulish . And therefore other Writers give not the least suspition of a different Language ; and They , as long as Both Kingdoms were distinct , as if they had been People of one Nation , did always contract Marriages one with another ; and as they were mixed in the beginning , so afterwards they carried themselves as Neighbors , and oftentimes as Friends , until the Destruction of the Picts . Neither did the remainder of them , ( who , when their Military Race was extinct , yet must needs be many ) in any degree , corrupt the Scotish Tongue : Nor indeed are there any Footsteps of a Foreign Language in the Places and Habitations which they left . For all the Countries of the Picts , and many particular Places therein too , do yet retain Scotish Appellations , except a very few , who , upon the Saxon-Tongu's prevailing over our Country-Language , had German Names imposed upon them . Neither is This to be omitted , That , before the coming of the Saxons into Britain , none of the British Nations used Interpreters to understand one another . Wherefore , seeing the Scotish , English ▪ and German Writers do unanimously accord , That the Original of the (n) Picts was from Germany ; and it is also manifest , That the Gothunni , or Getini , were Colonies of the Gauls , whose Language they spoke ; and that the Aestii spake British , by the Swedish , or Baltick Sea : Whence may we rather fetch the Descent of the Picts ? Or , They being expell'd from their Native Habitations , Whither should they go but to their own Kindred ? Or , Where were they likely to obtain Marriage-Unions , but amongst a People of Affinity with them , in Blood , Language and Manners ? But if any one deny , That the Picts were descended from the Gothunni , or * Aestii , or Getae , being induc'd to that Persuasion by the great distance of those Countries from Britain ; Let him but consider , How many , and How great Migrations of People were made , even in all parts of the World , in those Times , wherein the coming of the Picts into Britain is recorded to have been , and also for many Ages after ; and then he may easily grant , that such things might not only be done , but be done with great facility , too . The Gauls did then possess a great part of Spain , Italy , Germany , and Britain , by their Colonies ; They proceeded so far as Palus Maeotis , and the Cimmerian Bosphorus , by their Depredations ; and after they had wasted Thrace , Macedonia , and Greece , they fixed their Seats in Asia . The (o) Cimbri , * Ambrones , and (p) Teutones , having wasted Gaul , pierced into Italy : The Geloni , whom Virgil places in Thrace , are , by other Writers , said to dwell near to the (q) Agathyrsi , in Scythia . The Goth● , for a great while , an obscure Nation , yet , in a short time , like a Flood , over-ran Europe , Asia , and Africa . And therefore , seeing , for many Ages after , Those , who were Grandees , and more powerful than others , challeng'd to themselves the Seats of their Inferiours ; the Weak , being obnoxious to the Injuries of the Strong , left their Country , which they could not keep ; so that , it s no great Wonder amongst the Wise , if Men , having long conflicted with adverse Fortune , and being tossed up and down by many Peregrinations ; having , besides , no certain Habitation , did , at length , betake themselves to remote , or far distant , Countries . Besides , we see , That the Roman Writers do place Two Ancient Nations within those Limits , which did bound the Kingdoms of the Scots and Picts , the * Mayatae and * A●tacottae . Of these , ( I suppose ) the Mayatae , whom Dion alone , of all the Authors that I know , doth mention , were of the Picts Race , seeing he places them in the Countries nearest to the ( t ) Caledonian Sea ; and it is certain , that the Picts did inhabit those Provinces . As for the (s) Attacottae , it appears out of Marcellinus , That they were the Progeny of those , who , sometimes being excluded by A●rian's Wall , afterwards enlarging their Dominions unto the Wall of Severus , were comprehended within the Roman Province , because I find in a Book of the Romans concerning Camp Discipline through their Provinces , that , among the Foreign Auxiliaries , there were some Troops of the Attacottae , as well as of the Britains : Which makes me hesitate , Whether of the Two to admire in Lud , his Boldness , or his Stupidity ; His Boldness , who affirms , That the Attacottae were Scots , but without any certain Author , or probable Conjecture ; His Stupidity , that , in the very place of Marcellinus , cited by him , he sees not , that the Scots are plainly distinguished from the Attacottae . For Marcellinus says , The Picts , Saxons , Scots , and Attacottae , vexed the Britains , with perpetual Miseries . Of the same Stupidity is he guilty , when he affirms , That the Caledonii were of the Nation of the Britains ; whereas , 't is plain , they were Picts , which Lud himself doth clearly demonstrate by a Testimony out of a Panegyrick , dedicated to Constantius , which he produces against himself . For , says the Author of that Oration , The Woods of the Caledones and of other Picts ; That Testimony ( such was his Folly ) he produces for himself , not observing , ( such was his Stupidity ) that it makes against him . If we look to the Word it self , 't is Scotish , for Calden in Scotch is that Tree called the Hasel , whence , I judge , came the Name of the Caledonian Woods , and the Town of the Caledonians , situate by the River Tay , which is yet called Dancalden , i. e. the Hasel-Hill-Town . And if I dared to indulge my self so much Liberty , as to disagree from all the Books of Ptolemy , for the Deucaledonian , I would write the Duncaledonian , Sea ; and for the Dicaledones in Marcellinus , (w) Duncaledones : Both the Sea and the Nation being Sirnamed from the Town , Duncalden . What I have written may satisfie any favourable Reader , yet I shall add other Testimonies , which * C. Plinius thinks to be manifest Signs of the Originals of Nations , viz. Religion , Language , and Names of Towns. First of all , it is manifest , That the Bond of Religion , and the Identity of Sentiment as to the ( supposed ) Gods , hath been always held the strictest tye of Obligation , and Allyance , amongst Nations . Now the Britains and the Gauls maintain'd the same Divine Worship , they had the same Priests , the Druydes , amongst them , who were in no Nation , else ; whose Superstition had so besotted the Minds of both Nations , that many have doubted , which of the two ( first ) learn'd that sort of Philosophy , one from the other . Tacitus also says , that they had the same Sacred Rites and Superstitious Observations . And that Tomb erected nea● * New Carthage , called M●rcurius Teutates , as Livy writes , doth shew , that the Spaniards , the greatest part of whom drew their Original from the Gauls , were not free from those Rites . Also , the same kind of Priests or Sacrists , called by both of them * Bards , were in great Honour , both amongst the Gauls and Britains . Their Function and Name doth yet remain among all th●se N●●ions , which use the old British Tongue : and so much Honour is given to them , in many places , that their Persons are accounted Sacred , and their Houses , Sanctuaries : Yea , in the height of their Enmities , when they manage the cruellest Wars one against another , and use their Victories , as severely ; yet these Bards and their retinue have free liberty to pass and repass , at their pleasure . The Nobles , when they come to them , receive them honourably , and dismiss them with Gifts . They make Canto's not unelegant , which , * Rhapsodists recite , either to the better sort , or else to the vulgar , who are very desirous to hear them ; and sometimes they sing them to Musical Tunes and Instruments . Many of their Ancient Customs yet remain ; yea , there is almost nothing changed of them in Ireland , but only in Ceremonies and Rites of Religion . This for the present concerning their Religion . It remains now , that we speak concerning their Ancient Language , and the Names of the Towns , and of their People . But these Parts , thô several , ( for the most part ▪ ) shall yet be promiscuously handled by me ; because that many times one depends upon another , as its foundation ; especially , sithence a proper Name , either by its Origination or Declination , doth assert , or indicate , the Country whence a Man comes : Yet , thô these things are intwisted , and do mutually confirm one another , for the Reader 's Instruction , I will sometime handle them , severally , as much as I can . First of all , Tacitus in the Life of his Father-in-law , Agricola , doth affirm , That the Gaulish Tongue did not much differ from the British ; whence I gather , that they were sometimes the same ; but , by little and little , either by Commerce with Foreign Nations ; or , by the Importation of new Commodities , unknown before to the Natives ; or , by the Invention of new Arts ; or , by the frequent change of the Form of Garments , Arms , and other Furniture ; A Speech , or Language , that was very flexible of itself , might be much alter'd , sometimes augmented , sometimes adulterated , many new words being found out , and many old ones corrupted . Let a Man but think with himself , how much the Inconstancy and Humourousness of the Vulgar doth assume to it self , in this particular ; and how ready Men are , and always were , to loath present things , and to study Innovations ; he will find the judgment of the best of Poets , and the only Censor , in these Cases , to be most true , Vt Sylvae foliis pronos mutantur in annos , Prima cadunt , it a verborum vetus interit aetas ▪ Et , juvenum ritu , florent modò nata vigentque . As withered Leaves fall off from Trees , And new supply their pla●es ; So Languages decay and cease , New Speech brings in new Grace's . And a little after , Multa renascentur quae jam cecidere , cadentque Quae nunc sunt in honore , vocabula , si volet usus , Quem penes arbitrium est , & jus & norma loquendi . Many Words shall fall , Which now we highly prize : And Words , which now have fallen , Shall hereafter Rise ; Vse , or Custom , Rules this thing , And governs Language , as a King. 'T is true , he spake this of the Latin Tongue , which , by the great care of the Romans , was kept uncorrupted , and which all the Nations contained within the large bounds of their Empire , did diligently Learn . And therefore 't is no wonder , if a Language , ( even before Colonies were sent into all parts , out of Gaul , ) which already had different Dialects at home ; and also , was afterwards corrupted by the mixture of divers Nations , being in it self too barbarous at first , and almost neglected by those themselves that used it ; and after it again re-enter'd , from a Foreign Soil , into Britain , which was then divided into Kingdoms , for the most part , obnoxious to Strangers ; 't is no wonder , I say , if , upon all these prejudices it was not always consistent with it self . For at first , the (a) Celtae , and the (b) Belgae did use a different Dialect , as Strabo thinks . Afterwards , when the Celtae sent abroad great Colonies into Spain , as the Names of Celtiberi and Celtici do declare . And the Belgae made their descent into the Maritime parts of Britain , as may be collected from the Names of (c) Venta Belgarum , of the (d) Atrebates , and (e) Iceni , it must needs follow , that on the one side the Spaniards , and on the other the Romans , the English , the Danes , and the Normans , must bring in many strange Words with them , and so corrupt the Country Speech . Yea , I rather judge it more worthy of Admiration , that the Languages of neighbouring Nations , having been adulterated by the coming in of so many strange People , and in great part chang'd by the Speech of neighbour Counties , that yet , so long time after , the Britains should not differ in their whole Language , but only in certain Idioms and Dialects only : For , if any one of them , though of another Nations , do hear a Man speak British ; yet he may acknowledge the sound of his own Language , and may understand many Words , though he do not comprehend his whole Discourse . Neither ought it to seem strange to us , if the same Words do not signifie the same things in all Nations , if we consider , what alterations Commerce with neighbouring Countries doth daily make in the Speech of all Nations ; and , how much change is made by daily Conversation with Foreigners ; how many new Words are coined to express things , newly invented ; how many are imported with Wares and Traffick , even from the furthest parts of the World ; how many old obsolete Words are difus'd ; how many are lengthned by the addition of Letters or Syllables ; and how many are shortned by contrary Decurtations ; and some also new pargeted ( as it were ) by mutation or transposition of Letters . I will not inquire , in how short a time , and how much , the (f) Ionick Speech did degenerate from the (g) Attick , and how much the other Greeks differ'd from them both . Let us but observe the Speech of the noblest Nations in Europe , how soon did the French , Italick , and Latin Tongues , all derived from the same Root , degenerate from the purity of the Latin ; yet in the mean time , they differ no less amongst themselves , than the old Scotish and the British Tongues do . Yea , if we look over all the Provinces of France , ( I mean those who are judg'd to speak true Gallick or French ) what a great difference shall we find between the Inhabitants of (h) Gallia Narbonensis , and the (i) Gascoigners ? And how vastly the (k) Limosins , the (k) Perigordins , and the (k) Auvergnians , though neighbours to both , yet differ from both , in their Speech ? And how much the rest of the Provinces of France do differ , even from all of them ? And , to come nearer home ; the English Laws of William the Norman , established Five Hundred years ago , and wrote in French ▪ yet now no French Man can understand them , without an Interpreter . Nay , if those old Men , who have lived long in the World , can remember , that many Words are grown obsolete , which were in use when they were Children ; and what Words unheard of by our Ancestors , have succeeded in their places ; they will not at all wonder , that the same Original Language , in length of time , should be changed , and seem wholly different from it self ; especially amongst Nations far remote , and also often warring one against another . On the other side , when I see that concord ( lasting so many Ages rather than years , ) in the British Language , and that even amongst Nations , either very distant one from another , or else maintaining mutual Animosities against one another ; such a concord , as is hardly to be found amongst many Tribes and People of the Gauls , who yet have long lived under the same Kings and Laws : I say , when I ponder within my self , such an agreement in Speech , which as yet preserves its ancient Affinity of Words , and no obscure markes of its Original ; I am easily induc'd to believe ; that , before the coming in of the Saxons , all the Britains used a Language , not much different from each other ; and it is probable , that the Nations , adjoyning to the Gallick shore , used the Belgick Tongue , from whose limits a good part of the Britans , bordering on France , had made a Transmigration , as Caesar informs us . But the Irish , and the Colonies sent from them , being derived from the Celtae , Inhabitants of Spain , 't is probable , they spake the Celtick Tongue . I suppose , that these Nations returning , as it were , from a long Pilgrimage , and possessing themselves of the neighbour-Seats , and almost coalescing into one People , did confound the Idioms of their several Tongues respectively ; so that , it was neither wholly Belgick , nor wholly Celtick , nor yet wholly unlike to either of them : Such a mixture we may observe in those Nations , which are thought to speak the German Tongue , and yet have much declined from the ancient Phrase thereof : I mean , the Danes , the Maritime Saxons , those of Fre●sland , those of Flanders , and the English ; amongst all which , 't is easie to find some Letters , Sounds , and Inflections , which are proper to the Germans only , and not common to any other Nation ; besides , I suppose , that a surer symptom of the Affinity of a Language may be gathered from this Sound of Letters ; from the familiar way of each Nation in pronouncing certain Letters ; and from the judgment of the Ear thereupon ; and also , from the Composition and Declension of Words , than from the signification of single or particular Words . Examples hereof we find in the German Letter W , in the composition of the Words More-Marusa and Armoricus , of which , I have spoken before : And in the Declension of those Words , which amongst the Gauls , end in Ac , of which there is a vast number , which Form amongst the Scots is * Hypocoristical , i. e. Diminutive , and so it was amongst the ancient Gauls . From Drix , which , amongst the Scots , signifies a Briar , is derived Drissac , i. e. a Briarling , or little Briar bush . And from Brix , which signifies a Rupture or Cleft , Brixac , which now the French pronounce (a) Brisac . For what the Scots pronounce Brix , that the French call Bresche , even to this very day , there being no difference at all in the signification of the Words : The Cause of the different Writing , is , that the ancient Scots , and all the Spaniards to this very day , do use the Letter X for double SS . And therefore the old Gauls , from Brix , have called a Town of the (b) Caenomani , (c) Brixia ; and again , from Brixia , Brixiacum , now commonly Brisac . After the like Form , Aureliacum , i. e. (d) Orilhach , is derived from Aurelia , i. e. Orleans ; and , from Evora , which is called Cerealis or Ebora , Sirnam'd by the Spaniards , Foelicitas Iulia , Eboracum , i. e. York , is derived ; as the Brigantes have declined it , ( who had their Origin from the Spaniards ) retaining in the Declension thereof , the propriety of the French Tongue . Furthermore , besides those things which I have mentioned , all that Coast of Britain , which is extended to the South-West , retains the sure and manifest Footsteps of a Gallick Speech and Original , according to the clear testimony even of Foreigners themselves . First , in that Coast , there is Cornuvallia , i. e. Cornwal , as many call it , but by the Ancients 't was called Cornavia , and , by the Vulgar , Kernico ; even as in Scotland , the (f) Cornavii , placed by Ptolemy in the most Northern District of that Country , are commonly called Kernicks ; so that (g) Cornuvallia is derived from Kernick and Valli , as if you should say Kernico-Galli , i. e. Cornish Gauls . Moreover , Vallia , i. e. Wales , another Peninsula in the same side , doth avouch its Ancestors both in Name and Speech . They who come near in Language to the Sound of the German Tongue , pronounce it by W , a Letter proper to the Germans only ; which the rest of their neighbours , who use the old Tone , can by no means pronounce : Yea , if you should Torture them to make them pronounce it aright , yet , the Cornish , the Irish , or Highland-Scots could never do it . But the French , who call it Vallia , do always prefix G before it ; and not in that Word alone , but they have many others also , which begin with G ; for they , who , by reason of the Propinquity of the Countries do Germanize , do call the French Tongue (a) Walla ; and besides , in a multitude of other Words , they use this change of Letters : On the other side , that Country which the English call Wales and North-Wales ; the French call (b) Gales and North-Gales , as yet pertinaciously insisting on the footsteps of their ancient Tongue . But (c) Polydore Virgil pleaseth himself with a new fancy ; which , he thinks , he was the first inventer of ; whereas no Man , though but meanly skilled in the German Tongue , is ignorant , that the Word Walsch signifies a Stranger or Foreigner ; and , that therefore the Valli were call'd Foreigners by them ; but he reckons , as we say , without his Host : For , if that Name were derived from Strangership , I think it would agree better to the Angles , or English , as an adventitious People , rather than to Those ; whom , by reason of their Antiquity , many of the ancients have thought to be Indigenous : Or , if that name were imposed upon them by the English , they might with better reason have given it to the Scots and Picts , than to the Britains , because with the former they had less acquaintance and very rare Commerce : And if the English called them Valli in reproach , would the Brittons , ( think we ) who , for so many Ages , were the deadly Enemies of the English , and now made more obnoxious to them by this affront , own that Name ? Which they do not unwillingly , calling themselves in their own Tongue * Cumbri . Besides , the Word Walsh , doth not primarily signifie a Stranger or Barbarian ; but , in its first and proper acceptation , a Gaul . And therefore , in my Judgment , the Word Vallia is changed by the English from Gallia , they agreeing with other Neighbour Nations in the Name , but observing the propriety of the German Tongue in pronouncing the first Letter by W , viz. Wallia . The Ancient Inhabitants of that Peninsula were called * Silures , as appears out of Pliny , which Name in some part of Wales was long retained , even in succeeding Ages . But * Leland , a Britain by Birth , and a Man very diligent in discovering the Monuments of his own Country , doth affirm , That some part of Wales was somtime called Ross , which Word in Scotland , signifies a Peninsule . But the Neighbour Nations seem in Speaking , to have used a Name or Word , which held forth the Original of the Nation , rather than One that demonstrated the site and form of the Country . The same hath happened in the Name Scots ; For whereas they call themselves Albini , a Name derived from Albium : Yet , their Neighbours call them Scoti , by which Name their Original is declared to be from the Irish , or Hibernians . On the same side and Western Shore , follows Gallovidia , i. e. Galway , which word ( 't is evident ) both with Scots and Welch , signifieth a Gaul , as being made up of Gallus and Wallus , part imposed by the one , and part by the other . * For the Valli or Welch call it Wallowithia . This Country yet useth for the most part its ancient Language . These three Nations comprehend all that Tract and side of Britanny , which bends towards Ireland ; and they as yet retain , no mean indications , but rather deeply imprinted Marks of their Gallick Speech and Affinity ; of which , the cheif is , that the * Ancient Scots did divide all the Nations , inhabiting Britain , into two Sorts , the one they call Gael , the other Galle or Gald , i. e. according to my Interpretation , Gallaeci and Galli . Moreover the Gallaecians do please themselves with that Title , Gael , and they call their Language ( as I said before ) Gallaecian , and do glory in it , as the more refin'd and elegant , undervaluing the Galli as Barbarians , in respect of themselves : And though originally the Scots called the Britains , i. e. the most Ancient Inhabitants of the Island , Galli ; yet custom of speaking hath by degrees obtained , that they called all the Nations , which afterwards fixed their Seats in Britain by that Name , which they used rather as a Contumelious , than a National , one . For the Word Galle or Gald signifies That amongst them , which Barbarian doth amongst the Greeks and Latins ; and Walsch among the Germans . Now at last we are come to this point , i. e. That we are to demonstrate the Community of Speech , and thereupon an ancient * Affinity between the Gauls and the Britains , from the Names of Towns , Rivers , Countries , and such other Evidences . A Ticklish Subject , and to be warily handled ; for I have formerly proved , that a publick Speech or Language may be altered for many Causes ; for though it be not changed altogether , and at once , yet it is in a perpetual Flux , and doth easily follow the inconstancy of the alterers , by reason of a certain Flexibility , which it hath in its own Nature . The Truth whereof doth appear chiefly in those Ranks of things , which are subject not only to the Alterations of Time , but are also obnoxious to every Man's Pleasure or Arbitrement ; such as are all particular things invented for the daily use of Mans Life , whose Names either grow obsolete , or are made new and refined , for very light and trivial Causes . But the Case is far different in those things , which are time-proof , and so , after a sort , are Perpetual or Eternal . As the Heavens , the Sea , the Earth , Fire , Mountains , Countries , Rivers ; and also in those , which , by their Diuturnity , as far as the infirmity of Nature will permit , do in some sort imitate those perpetual and uncorrupted Bodies ; such are Towns , which are built as if they were to be Sempiternal . So that a Man cannot easily give Names to , or change the old of , Nations and Cities , for they were not rashly imposed at the beginning , but in a manner by general and deep advice and consent by their Founders , whom Antiquity did greatly Reverence , ascribing Divine Honour to them ; and , as much as they could , making them Immortal . And therefore , these Names are deservedly continued , and receive no alteration without a mighty Perturbation of the whole Oeconomy of things , so that if the rest of a Language be changed , yet these are pertinaciously retained , and are never supplanted by other Names , but as it were , with unwillingness and regret . And the cause of their imposing at first , contributes much to their continuance . For those , who , in their Peregrinations , either were forced from their old Seats ; or , of their own accord , sought new ; when they had lost their own Country , yet retained the Name thereof , and were willing to enjoy a Sound most pleasing to their Ears ; and by this umbrage of a Name , such as it was , the want of their Native Soil , was somewhat alleviated and addule'd softned unto them , so that thereupon they judged themselves not altogether Exiles , or Travellers , far from Home . And besides , there were not wanting some Persons , who , being superstitiously inclined , did conceive an Holier and more August Representation in their Minds , than could be seen in Walls and Houses , and did sweetly hug that Image and delightful Pledge of their own former Country , with a love , more than Native . And therefore , a surer Argument of Affinity is taken from This sort of Words , than from Those , which , on Trivial Causes , ( and oft on none at all ) are given to , or taken away from , ordinary and changeable Things . For though it may casually happen , that the same Word may be used in divers Countries , yet it is not credible , that so many Nations , living so far asunder , should fortuitously agree in the frequent imposing of the same Name . In the next place , Those Names succeed , which are derived from , or compounded of , the former Primitives . For , oft-times , the a Similitude of Declination and Composition doth more certainly declare the Affinity of a Language , than the very Primitive words thereof do ; for these are , many times , casually given : But the Other , being declined after one certain Mode and Form , are directed by one fixed Example , which the Greeks call 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . And therefore this certain and perpetual manner of Nominal Affinity , ( as Varro speaks ) doth , after a sort , lead us to an Affinity of Stock , and old Communion of Language . Moreover , there is a certain Observation to be made in all Primogenious Words , from whence we may know , which are foreinly introduced , and which are Patriots . For , as the Words Philosophia , Geometria , and Dialectica , though oft used by Latin Writers , yet have scarce any Latin Word of kin to them , or derived from them , from whence they may seem to draw their Original ; so , on the other side , the Words Paradisus and Gaza , are used by the Greeks ; and yet it appears by this , That they are Inquiline or Forein , because they can't shew any Original , nor any Progeny , derived from them , in the Genuin Greek Tongue . The same Observation may be also made in other Tongues , which will help us to judge , what Words are Domestick , and what are Adventitious , or Forein . Let it suffice to have spoken thus much in General . Let us now propound Examples , concerning every Particular part ; Where , First , we meet with those Words , which end in Bria , Briga and Brica . Strabo , in his Seventh Book , with whose Opinion Stephanus concurs , says , That Bria signifies a City ; to confirm their Opinion , they produce these Names , derived therefrom , b Pultobria , c Brutobria , d Mesembria , and e Selimbria . But the place by them called Brutobria , by others is named Brutobrica ; and the places , which Ptolemy makes to end in Briga , Pliny closes with Brica ; so that , 't is probable , f That Bria , Briga and Brica , signifie the same thing . But that they all have their Original from Gaul , appears by this , That the Gauls are reported , anciently , to have sent forth Colonies into Thrace and Spain , and not They into Gaul ; and therefore , amongst proper Classick Authors , we usually read the Words following . g Abobrica in Pliny , in the Circuit of Braga . Amalo-brica in the Itinerary of the Emperor Antoninus . h Arabrica , Pliny , in the Bracarens●an Circuit also . i Arabrica another , Ptolemy , in Lusitania , or Portugal . k Arcobrica , Ptolemy , amongst the Celtiberians , i. e. New-Castillians . l Arcobrica another , Ptolemy , amongst the Lusitanian-Celticks . m Arcobrica a Third , in the * Caesar-Augustan-Province . n Artobrica , Ptolemy , in the * Vindilici's Country . o Augustobrica , Pliny , and Ptolemy , in Portugal . p Augustobrica another , Ptolemy , in the * Vecton's Country . q Augustobrica a Third , Ptolemy , in the * Pelendon's Country . Axabrica , Pliny , of the Lusitanicks . r Bodobrica , in the Itinerary of Antoninus , and in the Book of the Knowledge of the Roman Empire , in High-Germany . s Brige , in the Itinerary of Antoninus , in Britany . Brige , in Strabo , a Town by the (1) Cottian Alps. Bruto-brica , in Strabo , between the (2) Turduli and the River (3) Boetis . u Caeliobrica , Ptolemy , of the Celerini , i. e. People in Portugal . Caesarobrica , Pliny , in Portugal , also . Catobrica , of the x Turduli , in the Itinerary of the Emperor Antoninus . Corimbrica , Pliny , in Portugal , if I mistake not , corruptly for Conimbrica , of which mention is made in the Itinerary of Antoninus , which City , as yet , keeps it ancient Name , by the River Munda , in Portugal . Cotteobria , Ptolemy , in the y Vecton's Country . Deobrica , Ptolemy , among the Vecton's , also . z Deobrica , another , Ptolemy , of the a Autrigones . Deobricula , Ptolemy , of the b Morbogi . Dessobrica , not far distant from c Lacobrica , in the Itinerary of Antoninus . d Flavio-Brica , Pliny , at the Port d Amanus . Ptolemy , in the Autrigons , calls it Magnus , but I know not whether Magnus , ought to be writ in Pliny , or no. e Serabrica in the f Scalabitan Province , which Pliny writes Ierabrica . g Iuliobrica , in Pliny , and in the Itinerary of Antoninus , of the Cantabrians , or Biscainers , heretofore called Brigantia . h Lacobrica , in the i Vaccaeans Country , in Pliny , Ptolemy , and Festus Pompeius . Lacobrica , at the k Sacred Promontory , in Mela. l Lancobrica , of the m Lusitanick Celts , Ptolemy . n Latobrigi , near to the Svitzers , Caesar. o Medubrica , Sirnamed Plumbaria , by Pliny , in Portugal ; this , if I mistake not , is called Mundobrica , in the Itinerary of Antoninus . p Merobrica , Sirnamed Celtica , in Portugal ; Pliny , and Ptolemy . q Mirobrica , in the Country of the r Oretani . s Mirobrica , another in t Beturia , or , in the Country of the u Turditani Boetici , Pliny , and Ptolemy . x Nemetobrica , in the Country of the Lusitanick Celts , Ptolemy . y Nertobrica , in the Turduli's Country of Boetica , Ptolemy . z Nertobrica , another , in the a Celtiberians Country , Ptolemy , which , in the Itinerary of Antoninus , is called Nitobrica . b Segobrica , in the Celtiberians Country , Pliny , but Ptolemy counts it the Head City of Celtiberia . c Talabrica , in Lusitania , Pliny and Ptolemy . d Turobrica in the Celts Country of Boetica , Pliny . e Tuntobrica amongst the f Bracarean Gallaeci , Ptolemy . Vertobrica , Sirnamed Concordia Iulia , Pliny , in the Celt-Beticks Country . Volobrica , of the g Nemetes , Ptolomy . Very many Names of Towns , and Nations , seem to belong to this Class , in all the Provinces , into which the Gauls distributed Colonies ; For , as Burgundus and Burgundio seem to be derived from Burgo ; so doth Brigantes from Briga . The Nominative Case of this word , in Stephanus , is Brigas , whence we decline Brigantes ; as we do Gigantes , from Gigas . The Brigantes , according to Strabo , are situate by the Cottian Alps ; and , in the same Tract , is the Village , or Town Brige . And the h Brigiani , in the Trophy of Augustus , are reckoned amongst the Alpin Nations . i Brigantium , is an Alpine Town ; and the Brigantii , are in the Country of the * Vindelici , according to Strabo ; and Brigantia , in the Itinerary of Antoninus ; And the Mountain k Briga , ( Ptolemy ) is near the Fountains of the Rohsne and the Danow . Also Brigantium in Rhaetia , ( Ptolemy ) is the same Town , I suppose , which in the Book of the Knowledge of the Provinces of the People of Rome , is called Brecantia , and the l Brigantine Lake . And in Ireland , are the m Brigantes , Ptolemy : The Brigantes also are in Albium , Ptolemy , Tacitus , and Seneca . And the Town Brige , or Brage , and Isobrigantium , in the Itinerary of Antoninus . And the Town n Brigantium , in Orosius , by the o Celtick Promontory , and Flaviobrigantium , or Besanzon , in Ptolemy , in the * Great Port : And a later Brigantia , i. e. Braganza , now in the Kingdom of Portugal . There is also another Class or Rank of Words , which do either begin in * Dunum , or end therewith , which is a Gallick Word , as appears by those Heaps of Sand of the Morini , as yet called Duni , or the Downs ; and those other Heaps of Sand in the Sea over against them in the English Shore , which retain the same Name of Downs . Yea , Plutarch , ( I mean , He , who wrote the Book of Rivers ) in declaring the Original of Lugdunum , i. e. Lions , acknowledges Dunum to be a Gallick Word . And indeed in expressing the Names of Villages and Towns , there is scarce any one Word or Termination , more frequent than That , amongst the Nations , who yet preserve the old Gallick Tongue almost intire ; I mean , the Brittons in * Gallia Celtica ; and the * Ancient Scots in Ireland and Albium ; and the Valli or Welch ; the Kernicovalli , or Cornish , in England ; for there is none of those Nations , which do not challenge that Word or Termination for their own ; only here is the difference , That the old Gauls did end their Compound Words with Dunum , but the Scots ordinarily place it in the beginning of Words ; of this sort , there are found , In France . a Augustodunum of the Aedui or Burgundians . b Castellodunum , of the Carnotensian Province , i. e. of Chartres . c Melodunum , by the River Sequana , or Sein . d Lugdunum , at the Confluence of the Rivers Arar and Rhosne . Augustodunum , another Autun , of the Arverni , or Anvergneois and Clermontians , Ptolemy . e Lugdunum , of the Conveni , or Comingeois , near the River Garon ; Ptolemy . f Novidunum , in the * Tribocci's Country , Ptolemy . g Vxellodunum , in Caesar. h Iuliodunum in the Pictons Country , i. e. Poictiers . Isodunum , and i Regiodunum , of the Bituriges , i. e. Inhabitants of Berry . Laodunum or Laudunum in the County of Rhemes . k Caesarodunum , ( Ptolomy ) of the Turones , i. e. Tourenois . l Segodunum , of the * Ruthenians , Ptolemy . m Velannodunum , ( or St. Flour ) in Caesar. In Spain . n Caladunum , Ptolomy , of the Bracari , or Braganzians . o Sebendunum , Ptolemy . In Britain . p Camulodunum , of the * Brigantes Country , Ptolemy . q Camulodunum , a Roman Colony , Tacitus . r Dunum , a Town of the Durotriges , or Dorsetshire Men. Ptolemy . Maridunum , i. e. Carmarthen , of the s Demetae , Ptolemy , and the Itinerary of Antoninus . Rigodunum , of the Brigantes , Ptolemy , i. e. Ribchester in Lancashire . Cambodunum , in the Itinerary of Antoninus , i. e. R●ines near Almonbury in Yorkshire . Margidunum , in the same Itinerary , i. e. Marg●doverton in Leicestershire , near Belvoir Castle ; or , as some , Leic●st●r it self . Sorviodunum , or Sorbiodunum , in the same Itinerary ; i. e. Old Sarum in Wiltshire . Segodunum , i. e. Seton in Northumberland ; and Axelodunum , i. e. Hexam , in Northumberland also , in the Book of the Notitia Roman● Imperii , or Knowledge of the Roman Empire , &c. Later Towns in England . Venantodunum , i. e. Huntingdon . Dunelmum , i. e. Durham . In Scotland . Duncaledon , called also Caledonia , i. e. Dunkelden . Deidunum , i. e. Dundee , or rather Taodunum , by the River Tay. Edinodunum , which Word the Ancient Scots do yet retain , but they who Germanize , had rather call it Edinburgh . Dunum , a Town in Ireland , called Down . Noviodunum or New Down , i. e. Dunmoore Castle in Coval . Brittannodunum , i. e. Dumbritton or Dumbarton , at the Confluence of the Clyde and Levin . And at this day there are abundance of Names , of Castles , Villages and Hills derived therefrom . In Germany , these Names are read in Ptolemy . Lugdunum , i. e. Leyden ; Segodunum , i. e. Nurinburgh ; Tarodunum , i. e. Friburgh ; Robodunum , i. e. Brin ; Carrodunum , i. e. Crainburgh . In the Alps Country . a Ebrodunum and b Sedunum . In the Vindelici or Bavarians Country , in * Rhaetia , the Grisons Country , and Noricum . c Cambodunum , d Corrodunum , e Gesodunum , f Idunum and g Noviodunum ; and in the Book of knowledge of the Roman Empire , h Parrodunum . In Sarmatia and Dacia , according to Ptolemy . i Corrodunum , k Singindunum , by the Danow ; Noviodunum at the Mouth of the Danow ; also another l Noviodunum . And there are , in the same Provinces , not a few words declined from * Dur , which among the old Gauls and Brittons signifies Water , and as yet retains the same signification amongst some , as there are In France . Durocotti in the Rhemish Circuit , Ptolemy ; we read them also called Durocorti ; Moreover , Caesar makes mention of m Divodurum , of the n Mediomatrices . Tacitus , Divodurum , near Paris ; in the Itinerary of Antoninus , o Batavodurum amongst the Batavi , Ptolemy , Tacitus . p Breviodurum in the Itinerary of the Emperor Antoninus . q Gannodurum in Ptolemy near the Rhine . r Gannodurum in the Helvetians Country , Ptolemy . s Octodurum , or Octodorus , amongst the t Veragri , Caesar. In Rhaetia , the Vindelicis's Country , and Noricum . a Bragodurum , b Carrodurum , c Ebodurum , d Gannodurum , and Octodurum , Ptolemy . Venaxamodurum and e Bododurum , in the Book of the Knowledge of the Provinces . In Spain . Octodurum , and f Ocellodurum , Ptolemy : The River g Durius flowing into the Ocean , and h Duria into the Mediterranean Sea , and , in Ireland , the River i Dur ; Ptolemy . In Britain . k Durocobrivae , l Duroprovae , m Durolenum , n Durovernum , o Durolipont , p Durotriges , q Durocornovium , r Durolitum , s Duronovaria , t Lactodurum . Perhaps the two Alpine Rivers , Doria the Greater and the Less ( the one running into the Po , by the u Salassians Country ; the other , by the Piemonteis ) do belong to the same Original ; And also x Issidorus , and y Altissidorus , Cities of France , so called ( as I judge ) from their situation near Rivers . To which Dureta may be referred , which word , in Spanish , signifies a Wooden Throne , as Suetonius writes , in the Life of Augustus ; The like may be said of Domnacus , the proper Name of a Man in Caesar , which seems to be corrupted from Dunacus ; For Dunach may signifie Dunan , and Dunensis both ; as Romach doth , Romanus ▪ Dunacus , or rather Dunachus , is yet used for the proper Name of a Man , which , those who are ignorant of both Tongues , the Latin and the British , do render ( but amiss ) sometimes Duncan , sometimes Donat. * The word Magus , also in all the Provinces , in which the Publick use of the Gallick Tongue obtained , is very frequent in expressing the Names of Cities ; which shews that it was of a Gallick Original . But of the Derivatives from it , we may rather guess , than affirm for certain , that they were wont to signifie a House , City , or such like Building . We read in the Book of Knowledge of the Empire of the People of Rome , the Prefect of the z Pacensian Levies , in Garison at Magi ; and also in the same Book , the Tribune of the second Cohort placed at Magni ; We read also of Magni in the Itinerary of Antoninus , I dare not positively assert , whether it be one Town , or many . But I incline , of the Two , rather to think , that they were sundry Towns. Towns ending in Magus are These , a Noviomagus , in Ptolemy , amongst the b Santons ; Noviomagus of the c Lexovi ; Noviomagus of the d Vadecassii ; Noviomagus , of the e Nemetes ; Noviomagus of the Tricassini ; f Noviomagus of the g Bituriges ; h Iuliomagus of the i Andegavi ; k Rotomagus of the Venclocassi ; l Caesaromagus of the m Bellovaci ; Rotomagus of the n Nervii ; o Borbetomagus of the Vangiones in High Germany ; Vindomagus of the p Volci Arecomici . Also in the Itinerary of Antoninus , q Argentomagus ; and in High Germany , Noviomagus . In the Book of the Knowledge of the Roman Empire ; Noviomagus of Belgica Secunda ; in Rhaetia , r Drusomagus , Ptolemy . In Britain , in the Itinerary of Antoninus , s Caesa●omagus ; t Sitomagus ; u Noviomagus of the x Regni ; y Vacomagi ; z Magiovinium ; Vicomagi , part of the Picts Country . Ptolemy . There are also other Names of Places , common to many of these Nations , but not so frequently used , nor so much dispersed as the former ; such as are Hibernia , i. e. a Ireland , amongst the Romans , the Name of an Island , called by Pomponius Mela , Ptolemy and Iuvenal , Iuverna ; by Strabo , Claudian , and the Inhabitants thereof , Ierna . That which some call the Nerian Promontory , Strabo calls Ierne ; Iernus , or Iern , a River of Gallaecia , Mela calls it Ierna ; b Iernus , is also a River of Ireland : In Ptolemy , 't is reckoned a River of c Scotland , falling into Tay. Another of the same Name glides through Murray ; the Country adjacent to both is called d Ierna . We read of the City e Mediolanum , in Ptolemy ; as one f Insubrum , of the Santones ; another of the g Aulerci Eburaici ; another by the Loir , i. e. Menu ; a fourth by Sequana , or the Sein , ( now as I think ) named Meulan , or Melun ; another in High Germany , called h Alciburgum ; another by the i Danow ; another in k Britain , of which mention is made in the Itinerary of Antoninus . Also Marcolica , a Town in Spain ; l Macolica , in Ireland ; Vaga , a River in Portugal ; and m another of Wales in England . n Avo , in Mela , Avus , in Ptolemy , a River of Galaecia , as yet retains its Name . In Argyle , there is also a River of the same * Name , flowing out of the Lough Awe . The Promontorium Sacrum , one is in o Spain , another in p Ireland . q Ocellum is a Promontory in Britain ; r Ocellum is also in Gallaecia , in the Luce●sian District ; s Ocelli are Mountains in Scotland ; t Ocellum is the last Town of Gallia Togata , Caesar mentions u Vxellum , a Town in Britain , perhaps for Ocellum ; for Martianus , in explaining the Ancient Names of the Cities of Gallia , says , that the Word is variously writ , Ocellum , Oscela , and Oscellium ; hence perhaps comes x Vxellodunum , which is also sometimes writ Vxellodurum . So there is y Tamar , a River of Gallaecia , Ptolemy ; Tamaris , in Mela ; Tamarici , a People of Gallaecia ; the River Tamarus , Pliny ; and z Tamara , a Town in Britain ▪ a Sars , a River of Gallaecia , Ptolemy ; b Sarcus in Scotland , Mela. c Ebora , a Town of Portugal , called L●b●ralitas Iulia , in Pliny and Ptolemy ; d Ebura ; that which is Cerealis in Boetica , in Pliny is Ebora ; Ptolemy mentions * * Aulerci Eburaici in Gallia Celtica ; and also Eboracum , i. e. York , of the British Brigantes . Deva , now d ee , a River of England ; and three in Scotland , so called , one in Galway , another in Angus , the third divides Merne from Marr. The * Cornavii in England , are in the farthest part of the West , in * Scotland , they are the farthest North. Both of them are now called Kernici ; there seems also to have been a third sort of Kernici in Scotland , at the Mouth of the River Avennus , or Even , which is the boundary between the Coasts of Lothian and Sterling . For Bede makes the Monastery of Abercorn to be at the end of Severus his Wall , where now the Ruins of the Castle of Abercorn do appear . Aven is often read , a River both of England and Scotland . Aven in Scotish , and Avon in Welsh , signifies a River . Of the Three * Nations which first inhabited this Island , after the coming of Caesar , the Britains were Subject to the Emperors of Rome successively , little less than Five Hundred years ; but the Scots and Picts were under the subjection of their own Kings . At length , when all the Neighbouring Nations did conspire for the Destruction of the Romans , they recalled their Armies from their most remote Provinces , to maintain their Empire at home . And by this means , the Britains , being destitute of Foreign Aid , were miserably vexed by the Scots and Picts ; insomuch , that they craved Aid of the * Saxons , which then infested the Seas with a Pyratical Navy . But that project cost them dear . For the Saxons having repelled the Picts and Scots , being tempted by the fertility of the Country , and the weakness of the Inhabitants , aspired to make themselves Masters of the Island . But after various Successes in War , seeing they could not arrive at what they aimed at by Force , they resolved to accost the Britains by Fraud . Their Stratagem was this . There being a Conference or Treaty , agreed upon at a set Day and Place , between the Nobles of both Parties ; The Saxons having a sign given them by Hengist their Captain , slew all the * British Nobility , and drove the common People into Rugged and Mountainous Places ; so that they themselves possessed all the Champain , and divided the fruitfulest part of the Island between them , into Seven Kingdoms . This was the State of Affairs in Britain , about the year of Christ 464. And whereas three German Nations did originally undertake Expeditions into Britain , the other two , by degrees , passed into the Name of English-Men . But the Peace made with the Brittons , nor with the English amongst themselves , was never faithfully observed ; About the year of our Lord 317 , * the Danes , being powerful at Sea , did first molest England with pyratical Incursions , but being Valiantly repulsed , about Thirty three years after they came with greater Forces , and made a descent into the Country with a Land Army . At the first conflict they were Victors , but afterwards they contended with the English , with various Successes , till in the year 1012. Swain , having wholly subdued the Britains , by their publick Consent , obtained the Kingdom , which yet remain'd but a few years in his Family . For the Saxons having again Created Kings of their own Nation , about Twenty four years after , were overcome by * William the Norman , most of their Nobility being Slain , and their Lands divided among the Normans , by which means the common People were kept in a miserable Slavery , till Henry the Sevenths time , who , easing part of their burden , made the condition of the Commonalty a little more Tolerable . But those which are in favour with the King , or would seem to be truly Illustrious and Noble , derive their whole Sept from the Normans . These are the discoveries which I have been able to make , out of ancient Writings , and other , no obscure , Indications , concerning the Original , Customs , and Language of the Three Ancientest Nations in Britain ; all which do induce me to believe , that the old Britains , and the other Inhabitants of Britain , were derived from the Gauls , and did originally use the Gallick Speech ; of which many Footsteps do manifestly appear , both in France and Britain . Neither ought it to seem strange , if , in a Language which admits of a change each moment of our Life , many things receive different Names in divers places , especially in a such a Longinquity of time ; ye● , we may rather admire , that the same Foundations of a Language , ( that I may so speak , ) and the same manner of Declension and Derivation , doth yet continue amongst a People , so far remote one from another , and so seldom agreeing together in converse of Life ; yea , oft being at mortal fewds one with another . Concerning the other * Three Nations , the Angles , Danes , and Normans , we need make no solicitous Inquiry ; seeing the Times and Causes of their coming are known almost to all . But I have entred upon this task , that I might restore Us to our Ancestors , and our Ancestors to Us ; if I have performed this well , I have no reason to Repent of a little Labour , though spent in none of the greatest concerns ; if not , yet , they who concur not with me in Opinion , cannot ( I beleive ) disallow or blame my Good-Will . And * I am so far from grudging or taking it ill , to have what I have Written refuted , that if any Man can discover greater certainty , and reduce me from my mistake , I shall return him great ▪ Thanks for his Pains . I had resolved to put an end to this disquisition , concerning the Original of the Nations of Britain , if * Lud had not called me back , even against my Will , who maintains , That the Scots and the Picts came but lately into Albium . Though I might , without any Offence , pass by the empty vanity of the Man , joyned with his Ignorance ; yet , lest the Faction of Unlearned ones , should too much Pride themselves with such a Patron , I thought fit , in a few Words , to convince the obstinacy of the Man , and that principally from those Arguments and Witnesses , which he himself produceth against us . First , I will speak concerning his manner of Reasoning , and afterwards of the Matter it self . Iulius Caesar , ( says he , ) and Cornelius Tacitus , Writers of so great diligence ; as also Suetonius , Herodian , and other Romans , who have wrote of British Affairs , have , in no part of their Works , made mention of Scots or Picts , and therefore doubtless , they had no Seats in Britain , in that Age. Wilt thou accept of this condition , Lud , that what Nation no Ancient Writer hath mentioned , never any such Nation was ? If you embrace this Motion , see how many Nations you will exclude from their Beings in one or two lines ? How great a Table of Proscriptions will you make ? Yea , What great Persons will you proscribe , Brutus , Albanactus , and Camber ? What Nations will you wholly eradicate , the Loegri , the Cambri , the Albani , according to thy Postulatum , who art a Tyrant in History , and Grammar both , as declining Albanus from Albanactus . But if that Condition proffered , do not please . — Quia tu Gallinae Filius albae , Nos viles pulli , nati infaelicibus ovis . Because you are the Favorite of Fate , But we 're condemn'd to a low base State. I will propound another to you , and such an one too , as you ought not , and ( I think ) dare not , refuse . There is a certain kind of probation out of Fragments , out of which , if you a little harden your Forehead , you may prove any thing . I am the more inclined to make use of this way of Proof , because you seem to love it most of all , as proving ( forsooth ) out of a Fragment , known ( I beleive ) to thy self alone , that an innumerable Multitude of the Cimbri went forth to destroy the Roman Empire ; I will therefore shew you out of a Fragment , that the Scots and Picts were in Britain before Vespasian's Reign , which you deny . In that Book to which you have given the Title of Fragmentum Britannicae Descriptionis , i. e. A Fragment of the Description of Britain ; I think , especially for this Reason , because you thought your self to have sufficiently proved , out of one of the two Fragments , that the Island was rather to be called Pritania , than Britannia ; and out of the other , that you had disgorged such a multitude of Cimbri , as were enough to Conquer all Britain : For this cause , you thought that your Fragment would get credit enough on that single account . In that Book , you write ▪ that the Name of Scots and Picts , together with the Franks and English , or Angles , were well known to the Roman World , and as a Witness of this Opinion , ( a meet one indeed , ) he produced * Mamertinus in the Panegyrick dedicated to Maximinianus , which witness , if I understand him a right , makes against Lud. For Mamertinus , speaking of the first coming of Iulius Caesar into Britain , hath these Words ; Moreover the Nation , as yet rude and dwelling in Britain , accustomed to none but the Arms of the Picts and the Hiberns , or Irish , their half naked Enemies , did easily yeild to the Arms and Ensigns of the Romans . See , I pray , what Lud would infer out of this Testimony ; First , that the Brittons alone did then inhabite the Island . Next , that the People there Named Hiberni or Irish , were afterward called Scots ; but the Author of the Panegyrick doth assert neither of the two . For he affirms , that before the coming in of Caesar , the Britons waged War against the Scots and Picts , of the British Soil , i. e. Enemies dwelling in the British Soil , so that Soli Britanni , is the Genitive not Nominative Case ; the other , he falsly assumes to himself ; for I think , I have sufficiently demonstrated out of Paulus Orosius a Spaniard , and Bede an English Man , that all the Inhabitants of * Ireland were anciently called Scots , and then at length , when they sent Colonies into Albium , the Name of Scots was almost extinguished at home , and began to grow famous abroad : In another place , he contends , that the Caledonii were called Britons , grounding his assertion on no other Argument , than that he finds they were called Britains , which is a Name common to all who inhabit the same Island . But I have shewed before , out of the place of the Panegyrick , quoted by him , that the Caledonians were Picts , * Marcellinus affirms the same thing , who says , that there are two sorts of Picts , the Dicaledones , or , ( as I think it ought to be writ , ) the Duncalecones , and the Vecturiones . But the Caledonii or Caledones dwelt in Britain before the Reign of Vespasian , neither were they unknown to the Romans , as Lucan plainly shews , who died in Nero's time . Aut vaga cùm Tethys Rutupinaque littora fervent , Vnda Caledonios fallit turbata Britannnos . When raging Seas on Sandwich shores do beat , The troubled Waves do British Caledons cheat . But why do I trouble my self to procure Foreign Testimonies , seeing we have a clear and nicking one at home , I mean Bede , the Writer of the Ecclesiastical History of England , for he takes notice of the Order , and almost of the very Moments , of time , wherein Foreign Nations passed over into Britain . These are his Words in his First Book . First of all , the Island was inhabited by Brittons , whence it hath its Name , who from the Armorick Tract , as it is reported , being wafted over into Britain , possessed the South-parts thereof , and having seized upon the greatest part of the Island , beginning from the South , it hapned that the Nation of the Picts , coming ( as 't is reported ) out of Scythia , and entring into the Ocean , with long Ships , or Gallies , but not many , by stress of Wind and Weather , were driven beyond all the bounds of Britany into Ireland ; and a little after , Wherefore the Picts coming into Britain , begun to seat themselves in the North parts of the Island : The Southern being possessed by the Brittons : And at length , after a few lines interposed , he adds , In process of time , Britany after the Brittons and the Picts , took in a third Nation of the Scots , as part of the Picts . Then , after many passages , he subjoins ; But the same Britanny was ●●accessible and unknown to the Romans , until the time of C. Julius Caesar. Whosoever thou art , who readest these passages ▪ observe , I pray , Whence , at What time , and in What order , this Autho● , much more ancient and grave than Lud , doth affi●m , that these Nations entred Britain , to wit , that the Brittons , from the Armorick Tract entred first , but the time not certain . That the Picts , out of Scythia , came next into those parts of Britain , which were yet void of Inhabitants , and that not long after the entrance of the Brittons , who were not as yet increased into such a multitude , as to be able to inhabit the whole Island . What then becomes of the Scots ? When came they into Britain ? In process of time , says he , viz. The Picts granting them the uninhabited Seats in their Districts , they came last to the former two . So the Brittons , as Bede affirms , came into this Island out of Armorica in France , and , not long after , the Picts out of Scythia ; both of them seized on the vacant and uninhabited places , at last , the Island being divided betwixt them , the Scots entred not by force , but were admitted into the Portion , and Lot of the Picts , and that long before Britain was known to the Romans . Here , How will you deal with Lud ? Who produces Gildas and B●de , as witnesses to his Fables , viz. That the Scots and the Picts did first of all fix their Habitations in Britain , in the Reign of the Roman Emperor Honorius , in the year of Christ●20 ●20 , of which two , Gildas makes nothing for him ; and Bede doth evidently convince him of Falshood . But let the Reader beleive neither Lud nor M● , but his own Eyes ; and let him diligently weigh the Places of each Writer ; but ( says he ) Dion calls the Caledonians , Britanni ; I grant he doth so , so doth Lucan , and also Martial , in that Verse , Quinte Caledonios Ovidi visure Britannos ; The Caledonians , which in Britain ▪ be , Quintus Ovidius is about to see . But none of them therefore , deny them to be Picts ; yet they have good reason to call them Britains : For , as the whole Island is called Britanny , so all its Inhabitants are deservedly called Britains . For all the Inhabitants of the Isle of Sicily are generally called by the Romans , Sicilians , without any difference , though they themselves call one another , some Sicilians ; other Siciliotes ; so the possessors of Britany are , by Foreigners , all called Britains ; but they themselves oft call the ancient Inhabitants Brittons , and the other Nations living therein , sometime by the private Names of the Countries , whence they came , and sometimes by the common Name of Britains . Wherefore the * Caledonians , Picts and Scots , are sometimes called , each Nation by its own Name , yet all of them , not seldom , by the general term , Britains . But Brittons , of which I have spoken , no Man ever gave them that appellation . There is also another difference amongst them , to be observed in the Word Britannia ; as there is amongst the Greeks and Latins in the Word Asia . For Asia sometimes denotes the third part of the Habitable World , and sometimes it is taken for that part of the Greater Asia , which is situate on this side the Mountain Taurus , and is wont to be called Asia the Less . So Britanny is sometimes used for the Name of the whole Island in general ; and otherwhiles , only for that part of it , which was subjected to the Romans , which part was bounded sometimes by the River Humber , and sometimes by the Wall of Adrian , and sometimes by the Wall of Severus ; and the Inhabitants of this part , are by British Writers more usually called Britton than Britans ; but the other dwellers in the Island , i. e. the Scots and the Picts , Bede sometimes calls Britains , and sometimes Strangers and Foreigners ; we may also find the same observable difference in Geoffry of Monmouth , and William of Malmesbury . And therefore the Caledonians will be counted Brittons , never a jot the more , for being styled Britains by Dion , Martial , Lucan , or any other good Author , than the * Brutians * will be Romans , though both of them are Italians . If Lud had taken notice of these things , he had never involved himself in such dark Labyrinths , nor had he so rashly and inconsiderately made a positive determination in a point so obscure , nor had denied the Caledonians to have been Picts , because they are termed by Dion , Britains . Neither hath Lud any just cause to wonder , that no Writer more ancient than Ammianus Marcellinus , and Claudian , hath made mention of the Scots and Picts , though they dwelt so many , I will not say , years , but ages , in Britain . For , not to speak of the Valli , Cambri , * Loegri , Names lately known to the World , I may ask him , why , seeing so many Greek and Latin Writers have written of the Affairs of Greece ; yet no Graecian once Names his Country-men Graeci ; nor no Latin Author calls them Hellenes ? Why did the Names of the Nations which I mentioned but now , creep so late into the History of Britain , which that Cambro-Britain makes to be so ancient ? If you ask any English●man , of what Country he is , none will answer , that he is a Saxon ; yet the Scots , Picts , Irish , both the Brittons , i. e. those that inhabit Britain , and those who dwell in France , do still unanimously call them Saxons : Why do not the old Scots , even to this very day , acknowledge and own the Name of Scots ? It ought not then to seem absurd to any Man ; if , when the Romans asked their Captives , of what Nation they were ; one said a M●atian , another an Attacottian , a third a Caledonian ; and the Names which Foreign Nations received from them they still retained , and used in their common publick Discourse ; neither , as I judge , will it seem incredible , that some Names are more known to Historians and Strangers ; and others , to the Inhabitants of the Country . Though the Premises do make it sufficiently appear , that the coming of Scots and Picts into Britain , is not only more ancient than Lud will grant it to be ; yea , that it was but a little later than the Britains themselves coming into it , yet I shall add other , and those no contemptible , Conjectures . The Brigantes , a great and powerful Nation , were seated beyond the River Humber , about York , and did possess the whole bredth of the Island , between the two Seas ; it is probable , that they came not from the Tract of France , which was nearest , for no Brigantes are said to have inhabited there , but out of Spain . First into Ireland , and from Ireland into Britain , as being a Neighbour Island to it ; neither doth this differ from the conjecture of Cornelius Tacitus , which he makes concerning the Ancient Inhabitants of the Isle . If the Brigantes came from Ireland , then they must be of Scotish Race , as all the rest of the Inhabitants of Ireland were . Seneca also seems to confirm this Opinion , in that Elegant Satyr of his , concerning the Death of Claudius , in these Words , Ille Britannos ultra noti littora Ponti , Et caeruleos Scutabrigantes dare Romuleis Colla Catenis jussit , & ipsum nova Romanae Iura securis tremere Oceanum . He , th' Britains , which beyond known Seas did dwell , And blew Scutabrigantes did compel Romes Yoke to bear . Yea the Ocean , so far spread , His Government , and his new Laws , did dread . In these Verses , Ioseph Scaliger , the Son of Iulius , is of Opinion , that for * Scutabrigantes , we ought to read Scotobrigantes . Of how great Learning and Judgment that young Man is ; of what industry in comparing ancient Writers ; and of what acuteness in finding out the meaning of obscure Passages , the Books set out by him do declare . At present I shall only say , that having undertaken to illustrate the Affairs of Britain , I thought his Judgment was not to be omitted ; and I will declare , in a few Words , why I think it to be true ; for seeing we read in Caesar , and other Authors , eminent both for diligence and knowledge , that the Britains were wont to paint their Bodies with Woad ; and in Herodian , that they used narrow Shields in War , ( such as Livy ascribes to the Asiatick Gauls , ) and no great Ornament in their Arms ; it seem'd absurd , to make mention of the Sheild , which was not Painted , the mention of the Body , which was Painted , being omitted . Now the old Britains were Painted , not for comliness , as other Nations , not a few were ; but that their blewish colour might render them more terrible to their Enemies in Fight ; but how that colour could appear terrible in a narrow Sheild , I do not understand . And therefore it is very probable , that that Learned Man , and Skilful in British Affairs , as who , according to Dion , kept the whole Island under Tribute , wrote the Word , Scotobrigantes , that he might distinguish them from the other Brigantes , both Spanish and Gallick . It makes also for the same purpose , that in those Verses he separates the Britains and Brigantes , as two different Nations , which is also done by some British Writers , who make Humber to be the boundary of Britain . This matter being not well considered by * Hector Boetius , as I judge , lead him into a mistake , who , having some where read , that the Silures and Brigantes were called Scoti , as having their Original from Ireland , placed them in part of the Kingdom of the Scots , in Albium . His mistake , though it may justly offend others , yet ought not to have been so severely censured by Ludd , who hath committed as great Mistakes in the same kind ; for he makes the Cumbri , or ( as he calls them ) the Cumri , to issue out of a Corner of Britain , to plunder the whole World : For he infers from one or two Words , common to them both , that the Cimbri and Britanni were of one Nation . Those Words are Moremarusa and Trimarchia ; Here it is worth the while to take notice of the Man's acuteness , in disputing , and of his subtilty ( forsooth ) in drawing out of Inferences and Conclusions . This Word Moremarusa , says he , is a British Word , but it was once a Cimbrick one , and no Nations else besides , which dwelt by the Baltick Sea. But seeing our Country-Men use the same Word , and are called by the same Name with those other Cimbri , therefore ( sure ) both were of the same Stock and Nation . In this Matter , first he affirms Falshoods for Truths , and also takes Uncertainties for Certainties . For it is a manifest Untruth , That both of them are called Cimbri , even * Ludd himself being Witness , who affirms , That all the Inhabitants , his Country-Men , of Cambria , were so called from their King , Camber , and he calls himself a Cambrobritain . I could also prove the Falshood of this Opinion , by the Testimony of all his Country-Men , who do not call themselves Cimbri , but Cumri . As That is false , so This is uncertain , whether other People dwelling by the Baltick Sea , did not use that Word , which you attribute to the Cimbri alone ; especially since it appears out of Tacitus , That many Nations , in that Tract of Germany , spake the Gallick Tongue , and I shewed before , that Word to be Gallick . But suppose , that both of your Assumptions were true , What then ? Did you never read , That the Souldiers of Cn. Pompeius , when he waged War in Asia , were saluted by the Name of Brethren , by the Albans , dwelling in the Mountain Caucasus , by reason , that Both of them were called Albans ? Neither do I doubt , but that if a Man had observed Both Tongues , he might have found one or two Words , signifying the same thing in Both : But they wanted such a Man as Ludd there , who because both People had certain Words common between them , would thereby prove , that both were of the same Nation ; and yet the purblind Man seems to be sensible of the Non sequitur of his Conclusion , when he adds that the Cimbri were called * Aestiones , by the Germans ; That he might make that out , he should have shewed , at what Time , and upon what Grounds , the Cimbri were Transformed into Aestiones ; and the Aestiones again , into C●mbri . He speaks not a lot of this , but only cites a British History , collected out of the a Milesian Fables , of the Gauls , and also quotes a certain Fragment , whence he , being now Degraded from an Antiquary , to be either a Botcher , or a Scraper together of old useless Relicks , or ( if I may so speak ) a Fragmentary , doth piece up New Kingdoms and New Nations , for us ; This he doth with great Labour , and yet with no Colour of probability , whereas , yet it was very obvious to him , ( unless perhaps it was above the Poor Man's reach ) to find out the Causes , why the Name Cimber was communicated to the Cimbri , and the Valli too : For Plutarch says , That it was not the Name of a Nation , but of an Occupation or Employment , and that Robbers were so called by the Germans . Suidas , no ignoble Grammatian amongst the Greeks , understands the Word in the same sense ; and Festus Pompeius , amongst the Latins , writes , that the Cimbri were called Plunderers , by the Gauls . If we follow these Men's Opinions , it will not be difficult to find out , why the Cimbri , whom Ludd places in Britain , came by that Name , especially since their Neighbours , the Angli or English , do affirm , That , even in this Age , their Manners did not much abhor from that Thieving Occupation . Sure I am , That Livy calls that Slave that was sent to kill Marius in the Prison of the a Minturnae , a Gaul ; Lucan calls him a Cimber , but no Noted Writer styles him a Britain . If Ludd had considered these things , or , if , after Consideration , he had chosen rather to remember them , than to frame new Monsters to himself ; there was no Necessity for him , in one Moment of Time , or rather , with one Falshood , to have left all Britain almost destitute and forsaken , all its Military Young Men being exhausted , and Six Hundred Thousand of them drawn out from it at a Clap. I will not here descend to a minute Inquiry , to what Children the Valli are wont to give the Names of the Cimbrick Kings ; for this diligent Writer brings in This also as an Argument of their Stock . If I mistake not , besides Latin , German , and Syriack ones , he will find very few Names . But if a solid Argument may be fetched from the proper Names of Men , ( which are often-times arbitrarily imposed by Parents , or vain-gloriously adopted out of some History ) then Ludd might rather persuade us , That his Country-Men are Iews , Romans , or Germans , than Cimbri : Or , if he would have advised his Compatriots to give Baptismal Names , fetched out of History , to their Children , within a few Years , he might transform his Country-Men , into what Nation soever he pleased . But touching the Names of the Cimbrick Kings , which , he says , were accustomed to be given to Children ; I would willingly have asked the Man , From what Oracle he received it ? Unless I knew before-hand , that he never wants some Fragment , out of which he can prove what he list himself . But this I can't but admire , touching that Cimbrick Expedition , how all their Military Men being sent aboard , that within the space of Forty Years , ( for it was about that Interval , between the Cimbrick War , and Caesar's arrival in Britain , ) your Country of Vallia , should so soon recover to be so populous ; especially , since , when Maximus drew forth a far lesser Number out of Britain , even , when it was in its most flourishing Estate , the Britains could , never after , hold up their Heads , but they were brought into bitter Servitude by the Saxons : Or why Caesar , who , for his Age , might have made mention of the Cimbrick War , when he came into Britain , being also a Learned Man , and a great Favourer of the Marian Party , did find out nothing , by Inquiry , concerning this Cimbrick Expedition . Lastly , I desire to know , Whether Ludd spoke in Jest or in Earnest , when he added , that the Affinity of Both the Cimbri might be inferred from their equal contempt of Gold and Silver ? Here I would willingly ask of him , Whether he spake in Earnest , when he calls those Cimbrians , who did not only vex and plunder Gallia or Gaul , and a part of Spain too , but in a manner wholly wasted and destroyed them both ? And yet afterward hastned to Italy , in quest of a Richer Booty ? Whose Opulency , got by Robberies , the b H●lvetians imitating , they also became Plunderers , as Strabo relates in his Seventh Book . Dare you call such Men Frugal and Temperate ? And that it may appear , that the Cimbricks Name is truly assigned to your Nation , you make them emulous of those Employments , to which the Cimbrians were accustomed ; yea , you make your self a P●lferer too , who aspirest to the c Glory of a Plagiary , with stealing from all Nations : For , not content to have vindicated the Deeds of the Cimbri , to your Country-Men , you add with as impudent and fictitious an Untruth , that the d Sicambri were also of your Stock : And because in the Name of Both Nations , there is a certain Similitude of Letters , from that Cognation of Words , you feign a Conjunction of Blood. At this rate , besides the Sicambrians , the Franks , and their Childrens Children , to all Generations , will be allyed to you ; and so , after a packed Series of Lyes , you raise a Bridge to bring back the Fugitive Brenni ; of which , one , who took Rome , lived about an Hundred Years before the other , who besieged Delphos ; but you do jumble and compact them together into one Body , that so you might dress up a new Monster out of a Dead and Living Man , piec'd together ; as if it were difficult to prove , by other Arguments , that Monsters are born in that very Country , which brought such a Person as you , forth . But , says Ludd , no Writer acknowledgeth , that there were two Brennus's , besides Polydore Virgil. Surely , Ludd , thy Reason hath forsaken thee , or else thou hast never read the Fourth Book of Strabo , where he writes , That the Brennus , who besieged Delphos , is , by some , thought to be Prausus . Yea , not Strabo alone , but every Man , who believes that Rome was taken by a e Brennus , and that above an Hundred Years after Delphos was besieged by a Brennus , doth acknowledge , That there were Two of That Name ; seeing both those Enterprizes could not be performed by one and the same Man. But if we believe the Monk , the Compiler of the British History , Brennus , the Brother of Belinus , preceded these two Brenni , three hundred Years ; who , if he had led his Army into Italy at that time , must have fought with Numa Pompilius , or with Tullus Hostilius , and not with the Free People of Rome . But to omit these things , whence doth this new Logician gather , that Brennus was a Britain ? Forsooth , from one word only , viz. Trimarchia , which word yet is common to Scots , Gauls , and Welsh . But Pausanias , whom you quote maimedly , and by piece-meal , that so he may make for your purpose , calls Brennus and his Companions ▪ Gauls , and acknowledgeth That Word to be Gallick ; but you , Sir , you only , such is your shamelesness , against the Credit of all Greek and Latin Historians , yea , and in spight of the Muses themselves too , do strive to prove him a Britain . Perhaps I have prosecuted this Argument a little more prolixly , than either the obscurity of the Matters themselves , or the unskilfulness and unconstancy of Ludd , did deserve ; I have done it , not out of a desire to carp at , or blame , others , ( which I am far from , ) but that I might abate the edge of the unsavory abusiveness of a Person so loquacious and reflective , thus reducing h●m from his wild and extravagant rage , ( whereby he speaks evil of almost all Writers , ) that so I might bring him , at last , to acknowledge his Errour . To omit others , at present , he falls , with great scurrility , upon Hector Bo●tius , a Man not only well-skilled in the Liberal Arts , but also endued with singular Humanity and Courtesie , and famous too , beyond the ordinary rate of the Times , he lived in ; and he so falls upon him , as to blame nothing in him , of which he himself is not more foully culpable . f Hector places the Brigantes in Gallway , wherein he did amiss ; for I have no mind to defend his Mistakes : But Ludd brings out great Forces of the Cimbri , from one Corner of Britain , how truly , let the Learned judge . Hector attributes Matters , acted by others against the Romans in Britanny , to his Country-Men , the Scots . And Ludd doth shamelesly and falsly affirm , That Rome was taken , Macedonia vexed , Greece afflicted , the Noblest Oracle of the World sacrilegiously violated , by his Country-Men , the Britains ; yea , that Asia it self was compelled to pay Tribute to a few Vagabonds . He blames Hector , but falsly , for making Gildo , who raised up great Commotions in Africa , a Scot ; and yet , he makes the same Gildo , who was indeed a M●●r , to be a Goth ; but Gildus and Gildo ( forsooth ) are Names almost alike . Let me ask you , Are they more like , than Luddus , Lydus , and Ludio ? This is certain , that Gildus is an old Name in Scotland , as the Ancient Clan of the Macgilds , or Macgills , doth shew ; of whose Posterity there are yet Families remaining of good account , both in Scotland and England . But , seeing Ludd hath such an intemperate Tongue , that he cares not what he says , provided he may abuse others , I shall leave him , and conclude this Book , only giving him this Caution , That Loripedem rectus derideat , Aethiopem albus . They that Faults in others blame , Must not be guilty of the same . The Third BOOK . THô I have sufficiently demonstrated in the Two former Books , how fabulous , yea , how portentous , the Memoirs are , which the Writers of the British Affairs have delivered , concerning their Ancestors ; and have also shewn , by plain and clear evidences , that the Ancient Britains had their Original from the Gauls : Yet , because , I perceive , I have to do with Men , that pertinaciously adhere to a manifest Falshood , rather than with such as lapse by Rashness or Ignorance ; I thought it worth my labour , if , out of Writers of great Authority amongst all Learned Men , I took off the edge of such Hair-brain'd Mens boldness ; and , by that means , supply'd Good Men , and Lovers of Truth , with sufficient Arms to restrain and curb their daring and affronting Impudence . In the rank of such Classick Authors , I judge , Iul●us Caesar deserves the first Place , both for his Diligence in searching , his Certainty in knowing , and Sincerity in declaring things to others . He , in the Fifth Book of his Commentaries concerning the Gallick War , writing of Britain , says thus , The inner part of Britain is inhabited by such , as they themselves record to be born in the Island ; and the Maritine Coasts , by such as came out of Belgium , either to make Incursions , or Invasions ; and after the War was ended , they continued in the Possessions they had gained , and were called by the Names of the Cities , from whence they came . The Country is very populous , and well-stored with Houses , much like those of the Gauls ; They have great store of Cattle ; they use Brass for Money , or Iron rings , weighed at a certain rate . In its Mediterranean parts , there is found great quantity of Tin , and , in the Mountainous parts , Iron ; th● but in a small quantity ; their Brass is brought in by other Nations . They have all sort of Trees , that they have in Gallia , excepting the Beech and the Firr . Their Religion will not suffer them to eat either Hare , Hen , or Goose , notwithstanding they have of them all , as well for novelty as variety . The Country is more temperate , and not so cold , as Gallia : The Island lyeth Triangular , whereof one side fronteth Gallia ; on which side , That Angle , wherein Kent stands , points to the East , where almost all Ships arrive from France : And the lower Angle , to the South ; This side containeth above 500 miles . The other Angle lyeth toward Spain , and the Western Coast , in that Circuit , where also Ireland lyeth , which is an Island half as big as England , ( as some think ) and as far distant from it , as Gallia ; In the Midway between England and Ireland , lyeth an Island called Man ; besides many other small Islands , of which some write , That in Winter time , for 30 days together , they have a continual Night , whereof we learned nothing by inquiry ; only we found , by certain measures of Water , that the Nights in England were shorter than in the Continent . The length of this side , according to the opinion of the Inhabitants , containeth 700 miles . The Third side lyeth to the North , and open Sea , saving that this Angle doth somewhat point toward Germany . This side is thought to contain 800 miles . And so the whole Island containeth in circuit 2000 miles . Of all the Inhabitants , they of K●nt are most courteous and civil , all their Country bordering upon the Sea , and little differing from the fashion of Gallia . Most of the Inland People sow no Corn , but live upon Milk and Flesh , they are clothed with Skins , and have their Faces painted with a blew colour , to the end , they may seem more terrible in Fight . They wear the Hair of their Heads , long ; having all other parts of their Body shaven , except their Head ▪ and upper Lip. Their Wives are common to Ten or Twelve , especially Brethren with Brethren , and Parents with Children ; but the Children that are born , are accounted His , unto whom the Mother was first given in Marriage . And awhile after , he says , By these He understood , that ( Verulam , ) Cassivellanus's Town was not far off , fortified with Woods and Bogs , and well stored with Men and Cattle . The Britains call that a Town , when they fortifie Woody Fastnesses with a Ditch and a Rampire , and so make it a place of Retreat , when they stand in fear of incursions from their Enemies . Thither Caesar marched , with his Army , and found it well fortified both by Art and Nature ; And , as he assaulted it in Two several places , the Enemy stood to it awhile , but at last , were not able to bear the brunt and fury of the Assailants , but made their escape a back way out of the Town . Thus he took it , and found therein great store of Cattle , and , in the onset , slew and took prisoners many of the Britains . Tacitus , in the Life of Julius Agricola . THE Site of Britanny , and the Inhabitants thereof , thó they have been already described by sundry Writers , I purpose here to declare , not to compare with them in careful Ingenuity , but because it was then first thorowly subdued , so that such things as our Ancestors , without perfect discovery , have polished with Pen , shall now be faithfully set down upon Knowledge . Britanny , of all the Islands known to the Romans , the Greatest , coasteth by East upon Germany ; by West , towards Spain ; and it hath France on the South : Northward , no Land lying against it , but only a vast and broad Sea beating about it . The Figure and fashion of all Britanny by Livy , of the Ancients , and Fabius Rusticus of the Modern , the most eloquent Authors , is likened to b a long Dish , or two-edged Axe , and so is that Part shapen indeed , on this side Caledonia : Whereupon , the Fame went of the whole , as it seemeth : But there is beside , a huge vast tract of Ground , which runneth beyond unto the furthermost Point , growing narrow and sharp like a Wedge . This point of the utmost Sea , the Roman Fleet , then first of all Doubling , discovered Britanny to be an Island ; and withal , found out and subdued the Isles of Orkney , before that time never known . Thyle also was discovered at aloof , which Snow hither and Winter had covered . The Sea thereabout they affirm to be dull and heavy for the Oar , and not to be raised , as others are , with Winds ; belike , because Land and Mountains are ●are , which minister Cause and Matter of Tempests , and because a deep Mass of continual Sea is slower stirred to Rage . To examine the Nature of the Ocean and Tides , pertaineth not to this Work , and many have done it before . One thing I will add , and may safely avouch , that the Sea , no where in the World , rageth and ruleth more freely , carrying by Violence so much River Water , hither and thither , and is not content to Flow and Ebb so far as the Banks , but inserteth and windeth it self into the Land , shooting into the Mountains and Cliffs , as to his own Chanel . Now , what manner of Men the first Inhabitants of Britanny were , Foreign , brought in , or Born in the Land , as among a barbarous People , it is not certainly known . Their Complexions are different , and thence may some Conjectures be taken : For the Red Hair of the dwellers in Caledonia , and mighty Limbs , import a German Descent : The coloured Countenance of the Silures , and Hair most commonly Curled , and Site against Spain , seem to induce a belief , that the old Spaniards passed the Sea , and possessed those places . The nearest to France likewise resemble the French , either , because they retain something of the Race , from which they descended ; or , that in Countries butting together , the same aspects of the Heavens do yeild the same Complexion of Bodies ▪ But generally it is most likely , the French , being nearest , did People the Land. In their Ceremonies and Superstitious Persuasions , there is to be seen an apparent Conformity : The Language differeth not much , like boldness to challenge and leap into Dangers : When Dangers are come , like fear in refusing them ; saving , that the Britains make more shew of Courage , as being not mollifi'd yet by long Peace ; for the French also were once , as we read , redoubted in War , till such time , as giving themselves over to Peace and Idleness , Cowardise crept in , and Shipwrack was made both of Manhood and Liberty , together : And so it is also befaln to those of the Britains , which were subdued of old ; the rest remain such , as the French were before . Their strength in the Field consisteth in Footmen ; some Countries make War in Wagons also : The greater Personage guideth the Wagon , his Waiters and Followers Fight out of the same . Heretofore they were govern'd by Kings , now they are drawn , by Petty Princes , into Parties and Factions : And that is the greatest help we have , against those Puissant Nations , that they have no common Council together . Seldom it chanceth , that two or three States meet and concur to repulse the common danger : So , whilst one by one fighteth , all are subdued . The Sky is very Cloudy , and much given to Rain , without extremity of Cold. The length of Days much above the measure of our Climate ; the Nights light , and , in the furthermost part of the Island , so short , that , between the going out and coming in of the Day , the space is hardly perceived , and when Clouds do not hinder , they affirm , that the Sun-shine is seen in the Night , and that it neither Setteth nor Riseth , but passeth along , because , belike , the a extream and plain parts of the Earth project a low Shaddow , and raise not the darkness to an heigth ; so the Night falleth under the Sky and the Stars ; the Soil , setting aside the Olive , the Vine and the rest , which are proper to warmer Countries , taketh all kind of Grain , and beareth it in abundance ; it shooteth up quickly , and ripeneth slowly ; the Cause of them both is the same , the overmuch moisture of the Soil and the Air. Britany beareth Gold and Silver , and other Metals , to inrich the Conqueror . The Ocean bringeth forth Pearl also , not Orient , but duskish and wan , which proceedeth , as some do suppose , for lack of skill in the Gatherers . For , in the Red Sea , they are pulled out panting , and alive from the Rocks ; but in Britany , cast out by the Sea , and so taken up . For my part , I do rather beleive the Nature of the Country not to yeild it , than that our Covetousness could not find out the way to gather it aright . The Britains endure Levies of Men and Money , and all other Burdens imposed by the Empire , patiently and willingly , if Insolencies be forborn : Indignities they cannot abide , being as yet subdued to be Subjects , not Slaves . b The first of the Romans , which entred Britanny with an Army , was Iulius Caesar ; who , although he terrified the Inhabitants with a Battel , which went on his side , and gained the Shoar , yet may seem rather to have shewed the place to Posterity , than to have delivered to them the possession thereof . The Civil Wars ensued , and Bandyings of Men of great quality , against the Republick of Rome ; and long after that , lay Britany forgotten , even in Peaceable Times . Augustus termed it Policy , and chiefly Tiberius , so to do . That Cajus had a meaning to invade Britanny , it is certainly known ; but his rash running Head , and hasty Repentance , and chiefly his great Attempts against Germany , turning to nothing , averted that purpose . * Claudius did first , with effect , prosecute the matter , transporting Legions and Aids ; and assuming Vespasian into the action , which was the beginning of the Greatness , whereunto he after attained . Some Countries were subdued , some Kings were taken , and Vespasian made known to the World. The first Lieutenant General was * Aulus Plautius , then * Ostorius Scapula , both Excellent Warriers : And so , by little and little , was the nearest part of the Island reduced to the Form of a Province ; and besides , a Colony of old Souldiers established there . Certain Cities were also bestowed , in pure Gift , upon King Cogidunus , ( who remained most Faithful even in our days ) according to an old Custom , anciently received of the Romans , to use even Kings themselves , for Instruments of Bondage . * Then Didius Gallus succeeded ; who kept That which his Predecessors had gotten , and builded some few Castles further in the Land , to win by that means a Fame and Credit to his Office. After Didius , succeeded * Verantius , who died within one year . Then * Suetonius Paulinus , for two years space , behaved himself Fortunately , subduing the Nations and establishing Garisons . Upon Confidence whereof , going to assail the Isle of Man , which ministred supply to the Rebels , he disfurnished the Country behind , and laid it open to all opportunities of the Enemy . For , through the absence of the Lieutenant , the Britains , free of fear , began to discourse the Miseries of Bondage , to lay their Injuries together , and aggravate them by Constructions and Inferences , as , That their Patience had profited them nothing , save only to draw heavier Burdens upon themselves , as Men willing to bear them . That , whereas in former times , they had only one King , now were there Two thrust upon them , the Lieutenant to suck their Blood , the Procurator , their Substance , whose disagreeing was the torment of the Subjects ; and their agreement , their undoing ; the one vexing by Souldiers and Captains ; the other , by Wrongs and Indignities . That now their Covetousness and Lust laid hold , without exception , on all . And , whereas in Field , he that spoileth is commonly stronger : Now , were they , by Cowards and Weaklings , for the most part dispossessed of their Houses , berest of their Children , injoyned to yeild Soldiers for other Mens behoof , as though they were Men , that knew to do nothing else , save only to die for their own Country . For otherwise , what a small handful of Souldiers were come over , if the Britains would fall to reckon themselves : That Germany had so shakt of the Yoke , having no Ocean Sea , but only a River , for their Defence . That their cause of taking Arms was Urgent and Just ; their Wives and Children , their Parents and Country ; that the Romans had nothing to move them to War , but their own Covetousness and wanton Lust : And that they would doubtless depart , as Iulius Caesar had done , if the Britains would imitate the Virtues of their Progenitors , and not be dismayed with the doubtful event of one Skirmish or two . That Men in Misery had more courage and vehemency to attempt , more constancy to continue : And now , even the Gods seem'd to pity the Poor Britains Estate , having sent the Roman Captain out of the way , and confined the Army , as it were , into another Island . That now being assembled to advise and deliberate together , they had attained the hardest point in an action of that Nature , wherein , without question , it were more danger to be taken consulting than doing . With these and the like Speeches , inciting one another , by common consent , they resolve to take Arms under the Conduct of * Voadicea , a Lady of the Blood of their Kings : For , in matter of governing in Chief , they make no distinction of Sex. And first pursuing the Soldiers , which lay divided in Garisons , and winning the Forts , they invaded ( anon ) the Colony it self , as being the Seat of their Slavery : In Sacking whereof , no kind of Cruelty was omitted , which either Anger , or the Rage of Victory , might induce a barbarous People to practise . And unless , upon knowledge had of the Revolt , Paulinus had come to succour , with speed , Britany had then been lost , which , with one prosperous Battel , he restored to her former Obedience , and patient bearing the Yoke ; some few keeping out , and remaining in Arms , whom the guilt of the Rebellion excluded from all hope of Pardon , and some fear also of the Lieutenants private Displeasure . Who , though otherwise a singular Man , yet seemed to shew too much haughty and hard dealing toward those which yielded themselves , and to revenge , in a sort , his own Injury . Whereupon * Petronius Turpilianus was sent in his place , as a more intreateable Person , and a Stranger to their Fault● , and therefore more ready to receive their repentance ; who having composed former Troubles , and daring no further , deliver'd to * Trebellius Maximus the Charge , Trebellius , a Man unfit for Action , and altogether unexpert in Service by a kind of courteous and mild Regiment , kept the Country in quiet . For now the Britains also had learned the good Manners , not rudely to repulse the sugred assaults and flattr'ings of Vices ; and the disturbances of civil Dissensions ministred a lawful excuse for his doing nothing . But the Soldier , accustomed to warfare , wax'd wanton with Ease , and grew to be mutinous . Trebellius by flying away , and hiding himself , eschewed their first indignation , and anon resuming his place , without Majesty , without Authority , he Ruled by way of Intreaty , and at his Soldiers discretion : And so coming , as it were to a Capitulation , the Army , for Licence to do what them listed ; the Captain , for safety of his own life , the Mutiny ended without any Blood-shed . * Vectius Bolanus succeeded him in Place , and in the same loosness of Discipline ; the Civil Wars continuing still , like default against the Enemy , like License in the Camp , saving , that Bolanus a good honest Man , not odious for any crime , instead of Obedience , had gotten Good-will . But when as Vespasian , with the rest of the World , recovered Britanny also ; Great Captains , Good Soldiers , were sent , and the hope of the Enemy was greatly abated . For straightways * Petilius Cerealis struck a terror into them , by invading , upon his first Entry , the Brigantes , the most populous State of the whole Province . Many Battels were fought , and some bloody , and the greatest part of the Brigantes were either conquered , or wasted . And whereas Cerealis would doubtless have eclipsed the Diligence and Fame of another Successor , * Iulius Frontinus , a Great Man , as he might well be called after that Predecessor , sustained the Charge with Reputation and Credit , subduing the puissant and warlike People of the Silures : Where he had , beside the valour of the Enemy , to struggle with the straights and difficulties of the Places themselves . Cicero in his Epistle to Trebatius , in the 7th Book of his Familiar Epistles . I Hear , that , in Britain , there is neither Gold nor Silver ; If that be so , yet I persuade thee to catch what thou canst , and return speedily to us ; But if we can attain our desire , ( without the help of Britain ) do thou act so , that thou mayst be reckoned amongst my Familiar Friends . * Paulus Orosius , speaking of Ireland , hath these words . THis , ( Ireland ) being the nearest Island to Britain , is narrower in circuit , or space of ground than It , but more commodious for temper of Soil and Air ; It is inhabited by the Nations of the Scots . The Isle of * Anglesey , or rather Man , is also near to it , an Island not very large , but of a good Soil , which is also inhabited by the Scots . The same Author says . THe Conqueror Severus was drawn into Britain by the revolt of almost all his Allies ; after he had fought many great and notable Battels , he judged it best to separate and divide that part of the Island , which he had regained from the other unconquered Nations , by a Wall ; And for this end , he made a great Trench and a strong Wall , fortified at the top with many Towers , for the space of 130 mile from Sea to Sea. Ado , the Archbishop of Vienna , speaks the same things , almost word for word . The mistake of both in the number of miles is to be corrected , by writing 32 for 132. Out of the 35th Chapter of * Solinus . IT ( i. e. ) Britain , is environed with many Isles , and those not unrenowned ; whereof Ireland draweth nearest to it , in bigness ; it is an uncivil Country , by reason of the savage Manners of the Inhabitants , but otherwise so full of Pasturage , and Cattle , that , if their Herds in Summer time be not now and then restrained from feeding , they would run a great danger of Over-eating themselves . There are no Snakes , there , and but few Birds ; the People are inhospitable , and warlike . When they have overcome their Enemies , they first besmear their Faces with the Blood of the slain , Right and Wrong , Good and Evil , all is one to them . If a Woman be delivered of a Man-child , she lays his first Meat upon her Husbands Sword , and , putting it softly into his Mouth , giveth him the first handsel of his Food , upon the very point of the weapon , praying , ( according to the manner of the Country ) that he may not otherwise come to his end , than in Battel , and amongst Arms. They that love to be fine , do trim the hilts of their Swords with the Teeth of Sea-calves , for they make them as white , and as clear , as Ivory . The Men do chiefly glory in the beauty of their Armour . There is not a Bee amongst them ; and if a Man bring of the Dust , or the little Stones from thence , and strow them among Bee-hives , the Swarms forsake their Combs . The Sea , that is between Ireland and Britain , is stormy and rough most part of the year , so that it can hardly be sailed over , but a few days in Summer time . They Sail in Keels of Wicker , done over with Neats-Leather . How long soever their passage continueth , the Passengers abstain from Meat , all the while , such as have throughly examined it , have esteemed the bredth of that narrow Sea , to be 120 Miles . A tempestuous Sea also divided the Islands of the Silures , from the Coast that the Britains inhabited ; the Men of which Island keep their old customs , even to this day . They utterly refuse Buying and Selling for Money , but barter one Commodity for another , providing things necessary , rather by exchange than ready Money . They worship the Gods , very devoutly . As well the Women as the Men boast of their Knowledge of Fore-telling things , to come . The Isle of Thanet is beaten upon by the French Sea , and is divided from Britain with a very narrow Strait , it is happy in Corn Fields , and a fat Soil , and healthful , not only to its Inhabitants , but to others also . Forasmuch as there is no Snake bred there , the Earth thereof , to what place soever it is carried from thence , killeth that Vermin . Out of the Third Book of * Herodian , Translated into Latin by Politian . BUt Severus made delays on purpose , that he might not make his entrance into Rome , Poorly ; for , being desirous of Victory , and of the Sirname of Britannicus , he sends the Ambassadors home before he had done his Business , whilst he himself in the mean time , with great diligence , prepared all things necessary for War. His first and chief Care , was , to erect Bridges on the Marish Grounds , that so his Soldiers might stand safely , and fight as upon firm ground ; for many places in Britain are Marishy , because of the frequent Inwashings of the Ocean . The Barbarians themselves do swim through these Moors or Marishes , and run up to the Groins in them , ( not regarding the Mud , ) with their naked Bodies . For they are ignorant of the use of Garments to cloath them , but do girt their Belly and their Neck with Iron , thinking that to be an ornament and sign of Riches ; as other Barbarians do , Gold. And besides , they mark their Bodies with various Pictures , and with the shapes of all manner of Animals , and therefore they cloath not themselves , lest they should hide the painted outside of their Bodyes . But they are a very warlike Nation , and greedy of slaughter , being contented only with a narrow Shield , and a Lance. And moreover , they wear a Sword hanging down from their naked Bodies , and are wholly ignorant of the use of Coats of Male , or Helmets , as judging them to be an hindrance and a luggage to them , in passing over the Marishes , whose Vapors , being exhaled by heat , make the Air there always dark and misty . * Out of the 10th Book of Ammianus Marcellinus . THis was the state of Affairs throughout Illyricum , and the Eastern Parts : But in the Consulship of Constantius , when matters were very often disturb'd in Britanny , by the inroads of those barbarous Nations , the Scots and Picts , and thereby Peace was broken , and , the places near to their Borders being wasted , which caused a fear to seize on the Provinces , already tired with their many past slaughters , Caesar , then being in his Winter Quarters at Paris , was distracted with divers Cares , for he feared to assist those Transmarine People , as I related before , thô Constantius did , lest he should leave Gaul without a Governor , in the mean time . The Almaius , or Germans , also then being very eager on Cruelty and War : And therefore he was pleased to send * Lupicinus thither , to compose matters , who was as a Commissary-General of the Army at that time , a stout Man , and very skilful in Military Affairs , and prided himself much therein , so that he was very supercilious and haughty , and to speak Proverbially , as proud as a Peacock . It was a great doubt , whether he was more Covetous or more Cruel ; He , having caused the Vanguard to march , viz. The Lombards , The Hollanders , and many of the * Moes●ci , came to Bolongne , in the depth of Winter . And embarking all his Soldiers in those Ships , which he had provided , taking advantage of a favourable Wind , he was wafted over to Sandwich , and so went to London , that , there he might advise , and be in readiness to act according to emergencies . Out of his 26th Book . THe Picts , Saxons , Scots , and Attacotti vex the Britains with perpetual Miseries . Out of this 27th Book . IT 's sufficient for me to say , That , at that time , the Picts being divided into Two Nations , the Dicalidones , and the Vecturiones , and also the Attacotti , a warlike People ; and the Scots ranging several ways , spoiled many Shires , and Countries . The Franks and Saxons , as they had opportunity to make inroads by Land or Sea , plundered the Gallican Tracts , near to them , and carried from thence mighty Booties , firing all before them , and killing those which they took Captive . To hinder this , Fortune favouring him , our warlike Commander came into these extreme parts , from Bolongne , which is divided from the Land he was to make by the Streights of the Sea ; which is wont to be raised by high Tides , and again levell'd , in a Calm , like a Plain , without any prejudice to the Mariners ; from thence he gently passed over to Richburrow , a safe Harbor over against it , whence , being followed by the Batavi , * Heruli , and Iovii trusting to their conquering Numbers , he came to the old Town of * London , since called Augusta , — where , dividing his Troops , he set upon the praedatory Bands of his Enemies , and they being loaden with spoils , he quickly overcame them and took away their prey , both of Prisoners and Plunder , to their great damage . He restored all to the losers , except a small part bestowed on his wearied Soldiers ; thus he re-entred the City , in Triumph , before forelorn , but now relieved by him . Being lifted up by his prosperous success , he designed greater matters , and intended to follow safe Counsels , for he had learned both by Prisoners and Deserters , that such scattered Troops of sundry Nations , and those fierce ones too , could not be conquered , but by Treachery or suddain Assault . So that he made Edicts , and propos'd Impunity , and , by that means called in all Stragglers and Deserters . Hereupon , many returning , he being moved thereby , and anxiously careful , required * Civilis to be sent to him to Govern Britain , a Man of a sharp Wit , and very Just and Honest too , and also * Dulcitius , a Commander , very skilful in Warlike Affairs . Out of the 39th Book of Dion . CAesar , First of all the Romans , having passed the Rhene , afterward was wafted over into Britanny , in the Consulship of Pompeius and Crassus . The Island itself is extended 45 Stadia , at least , beyond the Morini . And it is stretched out beyond the rest of Gaul , and almost all Spain , reaching out into the Sea. It was unknown to the Ancient Greeks and Romans . And their Posterity did doubt , whether it were a Continent or an Island ; and many Writers who were ignorant of the Truth , as having not seen it themselves , nor had any Information from the Inhabitants , ( but spoke only by Conjectures ) in their Records , as their Leisures and Humours were , some counted it One , some the Other . But , in process of time , when Agricola was Chief Commander , and afterwards in the time of Severus the Emperor , it was clearly found out , to be an Island . Caesar , when he had setled things in France ; and subdued the Morini , desired to pass over thither , and accordingly he transported his Foot , where it was most convenient , but he Landed not where he ought to Land. For the Fame of his coming being noised abroad , all the Britains had prepossessed the passages of the Continent . But he , sailing beyond a Prominent Rock , made his descent elsewhere , and , repulsing those who first hindred his Landing , he put his Men on Shore before many of the Britains could unite to impede him ; and afterwards he repelled their Aids too , which came in , conquered their Garisons , and mastered the Island . Yet not many of the Barbarians were slain , for they , fighting on Horseback , and out of Chariots , did easily avoid the Romans . ( who had then no Horse Forces . ) But being amazed at those things , which were related concerning them out of the Continent , and that they were so bold as to transport themselves , and make their descent into their Island , they sent some of the Nation of the Morini , their Friends and Allies , in Embassy to Caesar. First of all , Caesar demandded Hostages , and they promised it . But afterward perceiving , that the Naval Force of the Romans , both those near at hand , and farther off , were shattered by Tempest , they changed their Minds , yet they did not openly set upon them , ( for their Camp was well guarded ) but having surprized some of them , who were sent in a peaceable manner , to provide things necessary , they put them almost all to the Sword ; excepting some , whom Caesar , speedily sending forth other Forces , relieved ; and presently , they make an onset on his Camp , but were shamefully repulsed , without effecting any thing , yet they came not to Terms with Caesar , till they had been often worsted by him ; and on the other side , Caesar had no great mind to make a League with them . But the Winter being now at hand , and his Forces not then sufficient to carry on the War , many of those which he brought over , being dead , or slain ; and besides , the Gauls , in his absence , were attempting alterations , he clapt up a Peace with them , in a manner against his Will , demanding many Hostages , but receiving a few only . Thus was he wa●ted back into the Continent , where he quelled the Mutineers , and settled Affairs , neither reaped he any publick or private advantage from Britain , worth his Labour ; but that he had assaulted it by Arms. For this very reason , he was much pleased in himself , and his Friends did mightily extol him at Rome . For when , they saw , that Places , before unknown , were now brought to light ; and being before never heard of , were now discovered , they embraced their Hopes , as if they had been Enjoyments , and antedating their success , they rejoyced , as if they had already obtained their desired Conquest , and therefore they decreed Supplications to the Gods for Twenty days . Out of the First Chapter of the first Book * of Bede . THe Islanders do profess one and the same Theology , and that in Five Tongues ; viz. Of the Angles , Brittons , Scots , Picts , and Latins , which , by the Meditation of the Scriptures , is made common to all the rest . But , in the first place , the Brittons only inhabited the Island , from whom it took its Name , who coming over into Britain , as it is reported , from the * Armorick Tract , seized upon the Southern parts thereof . And they having possessed a great part of the Island , beginning from the South , it happened , that the Nation of the Picts , venturing to Sea , with a few Gallies , as is reported , from Scythia , made their Descent in Ireland , the Winds hurrying them beyond all the Coasts of Britain , and having Landed there , and peirced even to the Northern parts thereof ; where , finding the Nation of the Scots , they desired part of their Allotment , for their Habitation , but could not obtain it . Out of the Fifth Chapter of the first Book of the same Author . SEverus an African , born at Lebeda , near Tripoli ; * the Fourteenth from Augustus Caesar obtained the Empire , which he held Seventeen years . He , being of a fierce Disposition , * as always vexed with continual Wars , governed the Common-Wealth with great Valour , indeed , but with equal Toil. And , being a Conqueror in the Civil Wars , which were very greivous in his Time , he was enforced to pass over into Britain , upon the Revolt of almost all his Allies ; where , after many great and cruel Battels , he gained part of the Island , and divided it from the Un-conquered part , not with a Wall , ( as some think , ) but with a Trench only . For a Wall is made of Stones , but a Trench , wherewith Camps are Fortified , to repel the force of Enemies , is made of Turf , cut out of the Earth ; yet , as a Wall , it is built high above the Ground , so that there is a Ditch before it , out of which the Turfs are digged and heaved up , above which , Pallisadoes , made of strong Wood , are prefixed and hung out . Wherefore , Severus drew a great Ditch , and a firm Graff or Work , fortified with many Towers above , from Sea to Sea , and then he died at York . Out of his Twelfth Chapter of the same Book . AFterwards , Britain being despoiled of all her Armed Souldiery , and of her chief florid Youth , which were carried away Captive , by the severity of Tyrants , and never returned again , was laid open to be preyed upon , and plundred , as being wholly ignorant of the Art of War. At last , it was suddenly harassed by Two Transmarine Nations , the Scots from the South , and the Picts from the North , under whose yoke she groaned , many years : I call them Transmarine Nations , not because they had their Habitations out of Britain , but because they were remote from the Allotment of the Britains , two Creeks of the Sea running betwixt them , one of them from the East Sea , and the other from the West , running far into Land , though they reach not one to the other . The Oriental one hath , in the midst of it , the City Guidi . The Occidental one above it , i. e. on the right Hand of it , hath the City * Alcluyth , which , in their Tongue , signifieth a Rock , for * Cluyth is situate by a River of the same Name . By reason of the Incursions of these Nations , the Brittons send Ambassadors to Rome , with complaining Missives , craving Aid of them with mournful Supplications , and promising perpetual Subjection to them , if they would drive away those Enemies , that were at their very Doors ; hereupon an Armed Legion was designed for their Assistance , which being transported into the Island , and fighting with their Enemies , slew many of them , and drove the rest beyond the limits of their Allies . And thus , having delivered them from their cruel Bondage , they advised them to build a Wall within the Island , between the two Seas , which might be a Safeguard to them , to repel their Enemies ; and then , in great Triumph , they returned home . They , hearkning to their advice , erect a Wall , as enjoined , not so much with Stones , as Turfs , but having no eminent Artificers , fit for such an undertaking , it was good for little . They made it between the two Seas , or Bays ( of which I lately spake ) of the Sea , for many Miles ; that so , where the Waters were not a Defence , there , by the advantage of the Wall , they might secure their Borders from the Inrodes of their Enemies . The evident Marks and Footsteps of this high Wall , and Work , do remain to this day . It begins at almost a Mile distant from the Monastery of Kebercurnig , toward the West , in a place called , in the Picts Language , Panuachel , but in the English , Penueltima , and bending against the West , it is terminated by the City Alcluyth . But their former Enemies , as soon as they perceived , that the Roman Souldiers were departed , being carried in Ships , brake into their Borders , killing and spoiling all before them ; and , as if they were Corn ready for the Sickle , they Mow , Trample upon , and Destroy them . Hereupon , the Brittons send a second Embassy to R●m● , with redoubled Complaints and Lamentations , desiring Aid , lest their miserable Country should be whol●y Razed , and the Name of a Roman Province , wherewith they had been honoured so long , should now grow cheap and precarious , by the Invasion of Foreigners . Hereupon , another Legion was sent , which , according to Command , arriving in Autumn , made a great Slaughter of their Enemies , and drove all that made their escape , beyond the Seas , who , the year before , drove all their Preys beyond those Seas , without any Resistance . Then the Romans told the Britains , That they could come no more , on such chargeable and toilsome Expeditions , for their Defence , but they advised them to take Arms themselves , and Fight with their Enemies ; that , were it not for their Sluggishness , they might be as Valiant as They. Moreover , they thought it advantageous to their Allies , whom they must leave , that a Wall was drawn directly from Sea to Sea , between the Cities , which were there built for fear of Enemies , where also Severus made a Trench . This Wall they built accordingly with firm Stone , both with the publick and private Purse , ( as is yet to be seen ) taking to their Assistance a Company of the Britains . It was Eight Foot broad , and Twelve high , in a direct line from East to West . Both are yet to be seen , after they had built it , they gave strict charge to the Inhabitants , for their self-Defence , and afforded them Examples for the Training up in Arms ; but in the South shore , where their Ships were lodged , because from thence they feared the Irruptions of the Barbarians , they erected Towers , at proper distances , for the prospect of the Sea , and so they took their leaves , as never intending to Return . And a little after . In short , they fly , and are dispersed , leaving their Cities and Walls ; their Enemies follow , and make more cruel Slaughters than ever before . For , as Lambs are devoured by Wolves , so were the poor Country-Men torn in pieces by their Enemies ; so that , being ejected out of their Habitations , and in danger to be Starved , they exercised Robberies , and mutual Rapacities , to keep themselves alive . Thus they increased external Slaughters , by Domestick Broils , till all the Country was quite despoiled of Food , but what was got by Hunting . Out of the Epistle of Gildas . WHom he commanded to build a Wall , between the Two Seas , on the further side of the Island , that it might be a Terrour to Enemies , and a Defence to the Inhabitants . And after : The remainders of them sent lamentable Letters to * Aetius , a Man of great Authority in Rome , beginning thus ; To Aetius , thrice Consul , the Groans of the Britains ; and , a little after , they complain , The Barbarians repel us to the Sea ; The Sea beats us back to the Barbarians . Between these Two kinds of Death , we are either killed on Land , or drowned at Sea , neither have we any Fence or Releif against either of them . The Fourth BOOK . HAving undertook to write the History of our Nation , that the Series thereof might appear more plain to the Reader ; I have , in my former Books , premised a few ancient Memoirs , and especially Those , which are freest from Fabulous Vanities , and are also most Consonant to Old Writers . First of all , it is constantly reported , and there are many Evidences to confirm the same , That a great multitude of a Spaniards , being driven out of their own Country , by their powerful Dons ; or else , voluntarily departing , by reason of their superabounding populousness , transported themselves into Ireland , and seized upon those Places of that Island , which were nearest to them . Afterward , the healthiness of the Air , and the fatness of the Pasturage , invited many others to follow them ; especially , seeing their Seditions at home , and the Injuries offered them by Foreigners , ( to which Spain was always subject ) drew many thither , in hopes of a quieter Life , ( which Voyage they were more easily persuaded to undertake ) because , they looked upon themselves as going into an Island already possessed by their own People , and , by that means , as it were , their second Country . This Stock of Spaniards did so flourish and increase , in a Country fit for Propagation , that now they were not contented within the bounds of Ireland , but frequently made Emigrations into the lesser Islands , near adjacent . In the mean time , the Scots ( for that was the general Name of the whole Nation , ) propagating their bounds through the Islands of Aebudae , and dispersing themselves by Tribes and Kindreds , without either King or fixed Government : A b German , or , as Bede writes , a Scythian Fleet , came to the Coasts of Ireland , being driven thither , 't is very probable , by stress of Weather ; for they had not their Wives or Children aboard with them . They , being very Poor , having nothing left them , by reason of so long a Voyage , but only their Arms , sent Ambassadors to the Scots , desiring them , that they might inhabit amongst them . Answer was sent them , That they themselves were compelled to seek their Habitations in those small Islands ; which , by reason of the Barrenness of the Soil , were also Unfruitful ; and , if it were otherwise , yet all of them , if they should forsake them quite , would not be sufficient to entertain so great a multitude . But in regard , they pitied the common Miseries of Mankind , and were particularly affected with their Condition , whom Divine Providence had so grievously afflicted ; and who did not seem to be wholly Strangers to their Lineage , ( as by their Language and Customs appeared , ) they would therefore give them their Advice , and , as far as they were able , would assist them to execute it . Their Advice to them , was , to Sail to their Neighbour Island , Albium , which was large and fruitful , and , in many places , then uninhabited ; and also , by reason of the Condition of those Inhabitants that were in it , who were under several Kings , at fewd one with another ; and , consequently , very weak . That amidst those Discords , 't were easy for them , by supporting the weaker side , to make themselves Masters of that large Country ; and that in this matter , they would afford them their assistance . The Narrowness of the c Aebudae , and the Lowness of their own Condition , for so it then was , made them give ear to this Counsel . So that these Germans ( which were afterwards , both by the Romans , and their Neighbor-Nations , called d Picts ) Landing upon the Coasts of the Island , bordering on the German Sea , having expelled the Inhabitants , which were but few , and those at mutual Discord amongst themselves , they brought a great part of that District under their Subjection ; and , soon after , in prosecution of the Friendship with the e Scots , so happily begun , they took Wives from amongst them , and so were , in a manner , compacted into one Nation with them . By this mutual Intercourse betwixt them , a great many Scots , being either detained by their Allies , who were yet but weak ; or else , driven by Want and Penury ; or , for loss of their Relations , fixed their Habitations amongst the Picts : The Picts , at first , were glad of their coming ; but , when they grew numerous , by degrees , they began to fear , lest , if the Scots increased in strength , they would become their Masters ; So that , First in their secret Assemblings , and afterward in their publick Councils , they muttered , That Care was to be taken , That no stranger should hereafter be intermixed amongst them : And some Way was to be found , that the number of those , who were already admitted , might be lessened . A Rumor also was spread abroad , that it was revealed from Heaven to the f Picts , That their Nation should in time be extirpated by the Scots . These Suspitions caused the Two Nations , which before were very amicable , to part companies . The Scots betook themselves to the Mountainous places , which were less fit for Culture , in regard they were more addicted to Pasturage , and Hunting : And the g Picts possessed the Low-lands , which were more fertile , and fit for Tillage , situate near the German Sea. Thus their Friendship , before contracted by so many mutual Kindnesses , did soon break forth into a terrible Civil War. For the Seeds of a deadly hatred were sown between those Two Nations , both of them being of fierce Dispositions , thô the occasion , at first , was but trivial , as some little Pets , Chidings , and some few Injuries sustained . The h Brittons , being Enemies to both Nations , having gotten this opportunity , fomented the Dissensions ; and did freely offer Aid to the Picts , even before they desired it , against the Scots . When the Scots perceived , That these things were in Agitation against them , they sent elsewhere for Aid , and procured a Foreign King to assist them against so imminent a Danger . The Commanders of the Islanders , being almost all of equal Authority , and scorning to stoop one to the other ; i Fergusius , the Son of Fer●hard , was sent for , with Forces , out of Ireland , being counted the most eminent Person among the Scots , both for Advice and Action , He , by the publick Consent of the People , was chosen King , and charged to prepare his Army to undergo the Shock of a Battle , if need required . Just about the same time , a Rumour was dispers'd abroad , which came to the Ears both of the k Scots and Picts , That the Brittons were managing some ambiguous Counsels , equally pernicious both Nations ; and , That they would set upon the Conquered , and Conquerors together , with their Arms , and , destroying both , or else , driving them out of the Island , they Themselves would enjoy the Whole . This Report made both Armies doubtful , What course to take ; and , for a time , kept them both within their Trenches . At length they came to a Treaty , and , perceiving the secret Fraud of the Brittons , they inclined to make Peace one with another ; which being confirmed , the Three different Armies Returned home . The Brittons , having failed in their first Project , attempt another Wile . They privily sent in Robbers amongst the Picts , who drove away their Cattle ; when the Picts demanded Restitution , they answered , That they should seek it from the Scots , who were accustomed to Thieving and Plundering , rather than from Them. Thus they eluded the Ambassy , and sent away their Ambassadors , without their Errands ; so that the Matter did appear to be a plain Mockery . Their fraudulent Counsels being thus more and more discover'd , l the late reproach did incense the Hearts of Both Nations against them , more than the Relicks of their Anger , for their former Injuries ; and therefore , Levying as great an Army as they could , both Kings , Two several ways , invaded the Coasts of the Brittons , and , destroying the Country with Fire and Sword , returned home with a great Booty . To revenge this Loss , the Brittons enter Scotland , and came as far as the River Don , * and having ravaged the Country thereabouts , with greater Terror than Loss to the Inhabitants , they pitched their Tents upon the Bank of the River . Fergus , having sent their Wives and Children , and other portable things , into the Mountains , and Places inaccessible for Armies , secured all the Avenues , till the coming of the m Picts ; with whom he at length joyned his Forces , and , communicating Counsels one with another , they resolved to make a Diversion , and lengthen the War , by making an Incursion , with vast Forces , into their Enemies Country ; and so to weary them out . But n Coilus ( that was the name of the King of the Brittons ) understanding , by his Spies , the cause of their delay , sends Five Thousand Men before to lye in ambush , in the upper grounds , and he determined to lead forth the rest of his Army directly against the Enemy . When the Picts knew this , they again consulted with the Scots , and , by way of Prevention , they agreed to assault the Camp of the Brittons by night , and accordingly , drawing out their Forces , the Scots in the Pront , the Picts in the Rear , attack their Enemies before day ; and , by this means , they made a great slaughter of the Brittons , being as it were halfe asleep , whom the former delays of their Enemies had made secure and confident . In this Battel , Coilus himself fell , with the greatest part of his Army , and made the Place , in which it was fought , Famous from his Name . o Fergus returning home a Conqueror , the Scots setled the Regal Government upon Him and his Posterity , by the Solemnity of an Oath . Afterwards , having quieted Matters in Scotland , he returned back into Ireland , to quell Seditions there ; where , having composed all things , as he was returning home , a Tempest arising suddainly , he was drowned , not far from the Port , called , from him , Fergus his Rock ( i. e. ) Knock-Fergus , or Carrick-Fergus , in the Twenty fifth Year of his Reign . Historians say , That his coming into Albium , was , at the time when Alexander the Great took Babylon ; about 330 Years before the Birth of Christ. Feritharis , Second King of Scotland . FErgus dying , left Two Sons behind him , Ferlegus and Mainus ; neither of them yet able to manage the Government ; so that the Chiefs of the Clans meeting together to declare the succeeding King , there was great Contention amongst them ; Some urging the late Oath , whereby they had bound themselves to preserve the Scepter for the Fergusian Family ; others alleging , What great hazards they might run under an Infant King. At last , after a long Dispute , a Medium was found out ; whereby , neither the Infant , not yet fit to manage the Government , should actually Reign , nor yet their Oath be violated ; which was , p That , whilst the Children of their Kings were Infants , one of their Kindred , who was judged most accomplished for the Government , should weild the Scepter in their behalfe ; And if he dyed , then the Succession of the Kingdom should descend to the former Kings Sons . This Law did afterwards obtain for almost 1025 Years , even until the days of Kenneth the III. of whom I shall speak in his place . By virtue of this Law , Feritharis , Brother to Fergus , obtained the Kingdom , and managed it 15 Years , with such Equity and Moderation , that his Subjects found him , a just King ; and the Orphans or Pupils , a good Guardian ; Having , by this Carriage , procured Peace abroad , and got the Love of his Subjects at home ; yet he could not allay the Ambition of his Kindred . For q Ferlegus , being inflam'd with a desire to Reign , having first communicated his Design to the most turbulent of the Soldiers , and such as were most desirous of Innovation and Change , comes to his Uncle and demands the Kingdom of him , which he held ( as he alleg'd ) not as his Own , but in Trust only for him . r Feritharis was so far from being disturbed at this rash undertaking of the young Man , That , calling an Assembly of the States together , he Declared to them , That he was ready to lay down and resign the Regal Scepter ; adding also many words in Commendation of the young Man ; As for himself , he had rather freely resign up the Kingdom , with which he was but intrusted , willingly , which his death , now near at hand , would deprive him of , that so , his Fidelity towards his Nephews might appear to be rather of Good Will , than of Necessity . But such was the Respect and Love , all did bear to s Feritharis , that they utterly disliked this over-hasty Desire of the Kingdom , in Ferlegus , which they manifested , not only by their Countenances and Frowns , but by the loud Acclamations of the whole Convention and Assembly . And having discovered , by Spies , the Conspiracy against the Uncle , thô they judged the Author of so detestable a Design , to be worthy of Death ; yet the Memory of this Father Fergus , and the present Favour and Desires of his Uncle , did so far prevail , that they did not inflict it on him for his designed Wickedness ; only they set t Keepers about him , which should watch over , and pry into , all his Words and Actions . But he , being impatient , not presently to obtain what he hoped for in his Mind , thô the delay would have proved but short , deceiving his Keepers , with a few others privy to his design , fled away , First , to the Picts , and finding there no encouragement for his desired Innovation ; afterwards , to the Brittons , where he lived an obscure , and consequently , an ignoble , Life . But Feritharis , a few Months after , was taken off ; 't is doubtful , whether by Disease , or Treachery . The former Ambition of Ferlegus , the De●ection of his Conspiracy , and his late Flight , raised such Suspitions , that he was guilty of his Death , that he was unanimously condemned , in his absence , about the Fifteenth Year after his Fathers Death . Mainus , the Third King. FErlegus being condemned , Mainus , his Brother , was created Third King of the Scots , a Man more like to his Father and Uncle , than his Brother , Ferlegus : He confirmed and setled Peace with his Neighbours abroad , punished the Wicked and Profligate at home , and constantly performed Religious Exercises ; whereby he procured to himself such an Opinion of Justice and Piety , That , as well Foreigners , as his own Subjects , thought it a Nefarious thing to hurt such a Person . He was better guarded by this Opinion of his * Sanctity , than by his Military Forces ; after he had Reigned 29 Years , he departed this Life , being much lamented by all Good Men. Dornadilla , the Fourth King. HE left a Son behind him , called Dornadilla , the Successor of his Kingdom ; in point of Equity , like his Father , but very unlike him in the other parts of his Life . For he spent much of his time in Hunting , as judging that Exercise to be proper enough in a time of Peace , and healthful ; u as also very beneficial to harden the Body for War. And besides , the Mind did suck in the purest pleasures therefrom , and was greatly strengthened thereby , against Covetousness , Luxury , and other Vices , which spring from Idleness . Report says , That the u Venatory Laws , which the Ancient Scots observe to this day , were made by him . He deceased in the 28th Year of his Reign . Nothatus , the Fifth King. AFter his Death , the People placed Nothatus , his Brother , on the Throne , his own Son Reutherus being yet Immature , in point of Age , for the Government . This a Nothatus changed the Government , which , till then , had been moderate , and bounded with Laws , into an Arbitrary Domination ; and , as if his Subjects had been given him to Prey upon , not to Defend , he punished High and Low , promiscuously , with Forfeiture of Goods , Banishment , Death ; and all sort of Miseries , so that scarce any addition could be made to his Cruelty . By these Severities , most of the People were cow'd out , only one Dovalus of Galway , an Ambitious Man , thinking it a seasonable opportunity for him to advance himself , by reason of the Peoples Hatred against their King ; and knowing also , that his own Life was insidiously aim'd at by the King , he resolves to prevent him . And accordingly , all things being in a readiness , and being accompanied with a great number of his Vassals and Friends , away goes he to the King , and openly upbraids him with the Slaughter of the Nobility , with the seizure of their Goods and Estates , and with his Enslaving the Commonalty ; and demands of him , to restore the Kingdom , which he was not able to manage , to the Right Heir . Nothatus , being thus Bearded and Affronted , contrary to his Expectation , yet remitted nothing of his former Stoutness , but answered peremptorily , That he would maintain what he had done , by his Kingly Prerogative ; and , if he had carried it somewhat Despotically , it was to be imputed not to his own Disposition , but to the Contumacy of the Subject , who had enforced him thereto . These Taunts increased the Animosities between them , so that at last it came to Blows , and b Nothatus was Slain by Dovalus and his Partisans , after he had Reigned , Cruelly and Avariciously , Twenty Years . Reutherus , the Sixth King. WHereupon , Reutherus was made King by the Dovalian Faction , without the Suffrages of the People : The Nobles , hearing of it , though they judged Nothatus worthy of the worst of Punishments , yet did not approve so bad an Example ; and they took it in greater disdain , because a Publick Convention was not consulted , but the choice of the chief Magistrate devolved on the Pleasure and Arbitrement of one Man : Besides , that it was not to be thought an Obliging Act in him , thus to advance the young Man to the chief Power , who was , as yet , unfit to Rule . For such as look'd narrowly into the matter , would find , That only the Name of King would be given to Reutherus , but the whole Power would reside in Dovalus . However , it did not much concern the Publick , whether Nothatus , or Dovalus were King , unless , perhaps , they did hope for a more Tolerable Life under Him , who , being a private Man , durst adventure to Murder his King ; and so to deliver over the Scepter to another private Man , than under one , who was not so extream or Cruel in his Government , until , by the Permission of the People , he was back'd with Power and with the Terrour of an Army . The Kindred of Nothatus , hearing such things to be bruited abroad , insinuating themselves into the Societies of those who did Regret such Evil Carriages , at last gain'd this Point , That War should be denounced against Dovalus ; and that Ferchard , Nothatus his Son in Law , should be General of their Army . Neither did Dovalus refuse to give Battel : They fought twice in one and the same Day ; the Dovalians , though Superior in number , yet were beaten and put to flight , more of them being Slain in the pursuit , than in the Battel . For , besides c Dovalus himself , and the chief of his Faction , there fell also Getus , the King of the Picts , with many of his Men. Reutherus , the new King , was taken Prisoner , and pardoned , out of respect to his tender Age , to the Memory of his Father , and to the Royal Blood which ran in his Veins . Neither was the Victory Un-bloody , even to the Conquerors themselves , almost all the chief of the Clans being Slain , with many common Souldiers also . This Conflict of the Scots and Picts , brought matters to that low ebb in Britain , that they who survived fled into Desert and Mountainous Places , and even into the Neighbour Islands , lest they should become a prey to the d Brittons ; who , having now gotten that opportunity , which they long thirsted after , peirced into the Country , as far as Bodotria , ( now called Forth ) without any resistance . Afterwards , having made a little Settlement of Things there , they went forward against the Caledonians , and , having scattered those who were there gathered together to oppose them , they seized upon the Champion Countries of the Picts , and , placing Garisons there , thinking the War to be at an end , they return'd home with their Army . In the mean time , the remainders of the Scots and Picts , which had retired to the Mountains , Woods , and other inaccessible Places , did vex the Governors of Castles and Garisons , by Robbing them of their Cattle ; upon which , they themselves also did Live ; and , being increased by the accession of greater Forces from the Islands , they sometimes burnt Villages , and fetcht in Preys further off , so that the Ground was left without Tillage in many places . The Brittons , either being detained by home-bred Dissensions , or , not thinking it adviseable or safe , to lead their Army into such difficult and almost inaccessible Places , where they could meet their Enemies with no Forces more numerous than they had to oppose them , did by their slow Actings , increase the boldness of their Contrariants . The Scots and Picts being thus miserably afflicted for Twelve years , at length , a new Fry of Lusty Warlike Youths grew up , ( who , in so great streights that they had undergone , were enured to Hardship , ) those sent Messenger● all about , and , mutually exhorting one another , they resolved to try their Fortunes . Whereupon , Reutherus sails out of Ireland into the Aebuaae , and from thence into Albium , and Landing his Forces at the Bay , now called Lough Brien , and there joyning with young Gethus , the Son of old Gethus who was slain , who was also his Wifes Brother , they Consulted together , concerning the Manage of the War. The Issue of their Consult , was , That it was best to draw towards the Enemy unawares , whilst he was unprepared ; assoon as they met , the Service was so hot , and the Fight so sharp , that neither Army had reason to boast ; so that Both of them , being wearied with Slaughter , made e Peace for some years : Reuther , or ( as Bede calls him ) Reuda , returned to his ancient Seat of Argyle , and the Scots were , a long time after , from him , called * Dalreudini ; for Daal , in old Scotish , signifieth a * Part , as some ; or a Meadow or Plain , as others . From whence , he made a further Progress , and , in a short time , enlarged his Dominions even to their Ancient Bounds . After he had Reigned Twenty Six Years , he died , leaving a Son behind him , named Thereus , begot upon the Daughter of Gethus . Reutha , the Seventh King. BEcause Thereus was yet scarce Ten Years old , and so too young to undertake the Kingdom , according to the Law , long before made and observed , concerning the Succession of Kings ; therefore his Uncle f Reutha was declared King ; who , being free from External Wars , endeavoured to reduce the People , who were grown almost wild by their former Sufferings , and also insolent upon their late Victory , ( though a bloody one , ) into a milder Carriage and Deportment ; and , accordingly , he enacted many publick and profitable Laws , of which , not a few yet remain amongst the Ancient Scots . Having Reigned Seventeen Years , with so good a Decorum , being reverenced and beloved of all ; either for want of Health , ( to which he himself imputed it ) or else , fearing the Ambitious Nature of his Kinsman Thereus , he resigned up the Government , the People being hardly brought to consent thereunto ; and at his Resignation , there was a large Panegyrick made in his Praise . Thereus , the Eighth King. g THereus was substituted in his stead ; in the first Six Years of his Reign , he so managed the Government , that Reutha's Predictions concerning him , seemed to be true . But after That time was expired , he ran headlong into all manner of Vice , not by degrees , but all at once ; insomuch , that putting the Nobles to Death by False Indictments , some lewd Fellows thereupon did , without fear , range over all the Kingdom , using Rapines and Robberies at their pleasure . The Phylarchae , ( i. e. chief of the Clans , ) bewailing the deplorable State of the Publick , determined to proceed judicially against him ; which he having notice of , fled to the Brittons ; where , despairing of his return , he ended his Days in great Contempt and Ignominy . In the mean time , Conanus , a prudent and regular Person , was elected Vice-Roy ; he restored and strengthened what the other had impaired and weakened ; he restrained Robberies , and having composed Matters as well as he could , he received News of the Death of Thereus , whereupon , in a Publick Assembly , or Convention , of the Estates , he abdicated the Magistracy , about the Twelfth Year after Thereus began his Reign . Josina , the Ninth King. JOsina , Brother of the late King , was raised to the Helm of Government ; He did nothing memorable one way or other , only he had h Physicians in very high esteem ; because , when he was banished , with his Father , into Ireland , they had been his great Intimates . Whereupon , the rest of the Nobility complying with the Humour of the King , it came to pass , that for many Ages , there was scarce a Nobleman or Gentleman in Scotland , which had not the Skill to cure Wounds : For there was then little use of other parts of Physick amongst such Men , who were educated parsimoniously , and enured to much Labour and Toil. He died in a good old Age , having Reigned Four and Twenty Years . Finnanus , The Tenth King. HIS Son Finnanus succeeded him , who , walking in his Fathers Steps , endeavoured nothing more than to accustom his Subjects to a just and moderate Government ; labouring to maintain his Kingly Authority more by Good Will , than Arms : And that he might cut up the Root of Tyranny , he made a Decree , i That Kings should determine , or command , nothing of great Concernment , without the Authority of their Great Council . He was beloved both by his Subjects , and by Foreigners . He deceased , having Reigned Thirty Years . Durstus , The Eleventh King. NOthing did so much aggravate the Loss of Finnanus , as the profligate and deboist Life of his Son k Durstus , who succeeded him . For , First of all , he banished from his presence his Fathers Friends , as troublesom Abridgers of his Pleasures : Then , he made the Corruptest Youngsters , his Familiar and Bosom Friends , giving up himself wholly to Wine and Women . He drove away his Wife , the Daughter of the King of the Britains , who was prostituted to his Nobles . At length , when he perceived , that the Nobility were conspiring against him , as if he had been just then awakened out of a deep sleep ; foreseeing , that he was not safe at home , and knew not where to find a secure place abroad , if he were banished ; in regard he was so hated both of his Subjects and Strangers , too ; he therefore thought it his best course to dissemble a l Repentance for his former Evil Life ; by that means thinking , he might retain the Regal Government , and , in time , be reveng'd of his Enemies too . And thereupon , in the first place , he recalled his Wife , and , by that means , endeavour'd to make fair Weather with the Britains . He assembles the Heads of his Subjects , and , under a solemn Oath to do so no more , he Enacts an Amnesty for what was past . He commits Notorious Criminals to Prison , as if he had reserved them for further Punishment : And religiously promised , That for the future he would Act nothing without the Counsel of his Nobles . When , by these Arts , he had made others believe , That he was a true Convert , he celebrates this Reconciliation and Concord with Plays , Feastings , and other Divertisements , proper for Publick Rejoycings . Thus all Mens Minds being filled with Jollity , he invites the m Nobility to Supper ; and then , shutting them up in one place , being unarmed , and fearing nothing , he sent in Ruffians amongst them , who destroy'd them , every Man. That Calamity did not so much abate and quell the Minds of the rest with fear , as it raised , and blew up , their Languishing Anger into New Flames . VVherefore gathering a great Army together , they all conspired to rid the Earth of so foul a Monster . Durstus , perceiving that all other hope failed him , resolved to try his fortune in a Battel , with a few others , whom the like fear of Punishment for the Wickedness of their former Lives had drawn in to joyn with him ; in which Fight he was n slain , after he had Reigned Nine Years . Though all Orders and Estates were justly incens'd against him ; yet they gave so great Deference to the Name of King , and to the Memory of his Ancestors , that he was buried amongst his Royal Predecessors . Evenus , the Twelfth King. AFter his Death , in a Publick Assembly of the Nobles , there was a very great Contest ; some alledging , that , according to their Oath made to King Fergus , the ancient Custom was to be observed ; others , fearing , that if they made any one of the Kindred of Durstus King , that either the Similitude of Manners would incline him to the same Wickedness ; or else , the Propinquity of Blood would make him study Revenge . At last , Evenus , Brothers-Child to Durstus , being commended for his former Life , and for his extream Hatred against the Tyrant , whilst he was alive , was sent for from amongst the Picts , ( whither he had voluntarily banished himself , out of hatred to Durstus , ) and unanimously created King. He is reported to be the o first , who made his Subjects to take an Oath of Allegiance to him , which Custom is yet retained by the Heads of the Clans . Evenus , that he might rectifie the Manners of his Subjects , which were depraved by the former King , did first reduce Youth to the Ancient Parsimony in Diet , Apparel , and in their daily Conversation . For , by that means , he judged , they would be more Valiant in War , and less Seditious in Peace . He diligently viewed all the Parts of his Kingdom , administring Justice with great Moderation , and punishing Offenders according to their Demerits . He assisted the King of the Picts with Aid against the Brittons , betwixt whom there was fought a long and cruel Battel till Night parted them , the Victory being so uncertain , that both Armies departed with equal Slaughter , and as equal Fear . The Brittons went home ; The Scots and Picts retired into the next adjacent Mountains : But , the Day after , from the High Grounds , perceiving the departure or flight of their Enemies , they came and gathered up the Spoils , as if they had been Conquerors , and so return'd home with their Army . Evenus having repelled his Enemies , again betook himself to the Arts of Peace . And that it might not be troublesom to Kings to Travel over the Countries so oft for the Administring Justice , ( which was then their Custom to do ) he divided the Kingdom into p Circuits , and setled Ordinary Judges to do that Work. He also appointed q Informers to bring in Accusations against the Guilty . Which Office ; being found inconvenient , was either abrogated by a Law , or else grew obsolete by Custom . He died in the Nineteenth Year of his Reign , leaving a Base-born Son , called Gillus , behind him , a Crafty Man , and desirous of the Kingdom . Gillus , The Thirteenth King. THere were yet living of the Blood-Royal , as Heirs to the Crown , Two Twins , Dochamus and Dorgalius , the Sons of Durstus . Though their Age was not the Cause of the Difference , yet there arose a deadly Fewd between them concerning the Kingdom ; which was also further increased by the Fraud of r Gillus . The Matter being referred to the Arbitration of their Kindred , such was the Obstinacy of the Factions , that nothing could be determined . Gillus , who advis'd each of them to kill one another , when his Secret Counsel took no effect , gathered together the chief of the Nobles , and his Kindred , ( on pretence to end the Controversie , ) into one place , where he suborned Men , fit for his purpose , to raise a Tumult , and to destroy them Both. And then , as if he himself had been assaulted by Treachery , he implored the Aid of all that were present , and fled to * Evonium , a place fortified by King Evenus . Having Garison'd that Fort with part of the Nobility and other Flagitious Persons ; out of an high place in the Castle , he made a long Oration to the People ; who , in great Multitudes , were gathered about him , concerning the Rashness and Obstinacy of the Two Brothers ; he declaimed also against those Assassins , who killed them ; but , at last , he told them , That he was left by Evenus , the Guardian or Superior of the Kingdom , as well as of his Domestick Affairs , till a New King was chosen . When the People heard this , though they believed it to be false , yet when they saw him fortified in a strong Garison , for fear of a greater Mischief , they instantly swore Fealty to him , and declared him King. He , though he had strengthened himself in the Kingdom by the Consent of the People , ( though unwillingly obtain'd , ) yet , not thinking himself safe from the Posterity of Durstus , as long as any of them were alive , resolved to destroy his Nephews . There remained alive of them Lismorus , Gormachus and Ederus , the Sons of Dochamus , Son of Durstus ; they were educated in the Isle of Man. Thither G●llus went , on pretence to bring them home ; and to the Two Elder he behaved himself with great Reverence and Respect , and carried them with him into Albium , cunningly pretending , That they be being of a Royal Stock , should be educated in his Cou●t , sutable to their Princely Quality . As for Ederus , the younger , ●he left Souldiers , on pretence of a Guard , to attend his Person , to whom he gave Command on a certain appointed Day , to kill him . But the Disposition of Gillus being well known to all , The Nurse , suspecting Treachery to be hatching against the Child , conveyed him secretly by Night into the Country of Argyle , and so she eluded Gillus , who ●ought , in vain , to find him out to destroy him ; for she bred him up for some years privately in a Cave under Ground ; whereupon ●he , in fury , put the Two elder Brothers of Ederus , and also their Guard , to Death . But it being publickly reported , That Ederus himself was conveyed into Ireland , he made no further enquiry after him . And yet his Cruelty rested not here , though he had slain the Nephews of Durstus ; for not judging himself sufficiently secure , as long as any one of the Royal Progeny was left alive , he caused all those of Kin or Alliance thereto , to be also put to Death . The Nobles , who were grieved at the present state of Affairs , which was bad at present , and fearing , that it would be worse , entred into a Combination against him , and carried the Matter with so much secresie , that a War was begun against s Gillus , before he had Notice , that any Preparations were making towards It. But , in Levying an Army against his Contrariants , he soon perceived , how inconstant the Fealty of Man is towards Wicked and Flagitious Princes . For there were very few , that came in to him at his Summons ; and those that did , were Debauchees , such as were afraid of Peace , in regard of the Wickedness of their former Lives . And therefore distrusting his Forces , he left his Army , and in a Fisher-Boat was wafted over into Ireland . In the mean time , the Scots , that they might not be without a Legal Government , made t Cadvallus , chief of those who conbined against Gillus , their Vice-Roy , to whom , upon a Treaty , the Forces of his Enemies did submit , and were thereupon received into his Protection . When Cadvallus understood , that Gillus was about to renew the War , and in order thereto , was raising as many deboist Persons as he could , he resolved to prevent him before he could gather together a just Army , and so to pursue him whithersoever he fled . First , he Sailed into the Aebudae , or Hebrides ; there he caused Ederus , the only branch of the Family of Durstus yet alive , to be brought to him , and gave Order for his Liberal and Royal Education . When Gillus heard of his March , he retired again into Ireland ; there he engaged the Clans of that Nation , with great promises of Reward , to endeavour his Restitution to his Kingdom ; which , if they could effect , then he would give them the Aebudae Islands for their Reward . By these Promises , he gathered together a great Army ; Cadvallus having prepared all things for his Transportation , was suddainly called back , to clear himself from a false suspicion of affecting , or aspiring to , the Kingly Government . Evenus II. The Fourteenth King. IN which Case , the first thing he did , was , to take care , That Evenus , an eminent Person , the Son of Dovallus , Brother to King Finnanus , might by the Suffrages of the People be created King ; who , having accepted the Government , caused all Places which were commodious for his Enemies , and especially the Maritime ones , to be filled with strong Garisons , that so his Enemies might not make a suddain descent into his Kingdom , without opposition ; Gillus , hearing of this , did also alter his Resolution , and sailed to the Isle Ila ; And there , having wasted the Country far and near , with Fire and Sword , he returned back into Ireland . Evenus sends a great Army thither , under the Command of Cadvallus , that so he might exhaust the Spring-head of the War. Neither did Gillus refuse to fight him , but being forsaken of his Men , who followed him for Booty , rather than for Love , he changed his Apparel , and , with a small Company , fled into a neighbor Wood : The rest of his Army being thus deserted by their General , and their Fellow Soldiers too , yielded to Cadvallus . After the Battel was ended , they sought a long time for Gillus , and at last found him in a blind Cave , where he was slain , the Third Year after he began his Reign , and his Head was brought to Cadvallus . Matters being thus happily setled in Ireland by u Cadvallus , as he was returning home , he met not with the same Felicity ; for being toss'd up and down with a grievous Tempest , he lost the greatest part of his Army , and all the Prey they had gotten , which strook him into such a damp , that , not long after , he died u of Grief , The King indeed , comforted him , ( but all in vain , ) and , praising his Valour and Success in the War , he cast all his Miseries upon the crosness of Fortune . The new King being lifted up with this Success , renewed a Peace with the Picts ; and , in Confirmation thereof , he took to Wife the Daughter of Getus , the Third King of the Picts . But the suddain Arrival and Landing of the x Orkny-Men in Albium , quickly disturbed this publick Joy. But the King falling suddainly upon them , drove them out of the Field to the Mountains , and from thence to the Sea , and there being in a fright and hurry , whilst they crowded and hindred one another in endeavouring to Ship themselves , they were all slain , to a Man. Belus their King , despairing to obtain Quarter , slew himself . Evenus , having finished the War , returns to the work of Peace , and constitutes two Mart-Towns for Trade in convenient Places , i. e. Ennerlochy and Ennerness , each of them receiving their Name from Rivers , gliding by them . For Enner , amongst the Ancient Scots , signifies a Place , whither Ships do usually resort . He subdued the Inhabitants of the Aebudae , who , by reason of their long Wars , were grown very Licentious and Quarrelsome . He reconciled their Animosities , and appeased their Disturbances , and soon after died , having Reigned Seventeen years . Ederus , the Fifteenth King. EDERVS , the Son of Dochamus , was made King in his place , who whilst he was reaping the sweet Fruits of Peace establish'd both at home and abroad , and giving himself to the sport of Hunting , ( according to the ancient Custom of the Nation , ) had News suddenly brought him , That one Bredius an * Islander , of Kin to the Tyrant Gillus , was Landed with a great Navy of Souldiers , and plundered the Country : He presently gathered together a Tumultuary Army against him , and marching as silently as he could in the Night , he passed by the Camp of his Enemies , and set upon their Ships in the Road , which by this suddain surprize , he easily mastered , and , killing the Guard , he burnt the Navy . In the Morning he led his Army against the Camp , which he easily took , finding the Souldiers negligent , and in no order at all , many were slain on the spot , whilst they delay'd either to Fight or Fly. The rest having their flight by Sea prevented , by the burning of their Ships , were there taken and Hanged . The Prey was restored to the Owners , that claimed them . A few years after , another of the kindred of Gillus , and out of the same Island too , raised the like Commotion , which had the same Event and Success ; for his Army was overthrown , his Fleet burnt , the Prey recovered back , and restored to the Right Owners . Thus having settled a firm Peace , being very old , he fell Sick and died in the Forty Eight year of his Reign . Evenus III. the Sixteenth King. EVENVS the Third Succeeded him , a Son unworthy of so Good a Father ; for , not being contented with an Hundred Concubines of the Noblest Families , he published his Filthiness and Shame to the World by Established Laws . For z he enacted , That every Man might Marry as many Wives as he was able to maintain . And also , That before the Marriage of Noble Virgins , the King should have one Nights lodging with them ; and the Nobles the like , before the Marriage of Plebeians : That the Wives of Plebeians should be common to the Nobility . Luxury , Cruelty and Covetousness did , ( as they ordinarily do ) attend and follow this his flagitious Wickedness . For his Incomes and Revenues not answering his Expence , upon pretended Causes , the Wealthier sort were put to Death , and the King going snips with the Robbers , by that means Theives were never punished . And thus , the Favour which he had obtain'd from corrupt youth , by reason of his permission of Promiscuous Lust , he lost by his Cruelty and Rapaciousness . For , a Conspiracy of the Nobles being made against him , he soon perceived , that the Friendship , and seeming Union of Wicked Men , is not to be relied upon . For , assoon as they came to Fight , he was Deserted by his Souldiers , and fell alive into his Enemies Hands , by whom he was cast into the common Jail . Cadallanus , who Succeeded him , demanding what Punishment he should have , he was Condemned to perpetual Imprisonment . But there , one or other of his Enemies , either out of some old Grudge for Injuries received from him ; or else , hoping for Favour , or at least Impunity , for the Murder of the King , Strangled him by Night in the Prison , when he had Reigned Seven years . The Murderer was Hanged for his Labour . * Metellanus , the Seventeenth King. METELLANVS , Kinsman to Ederus , Succeeded him in the Throne , a Prince no less dear to all for his excellent Virtues , than Evenus was hated by them for his flagitious Vices . He was mightily Priz'd and Esteem'd for This , That during his Reign , there was Peace both at home and abroad . But it was some allay to his Happiness , that he could not abrogate the Filthy Laws of Evenus , being hindred by his Nobility , who were too much addicted to Luxury . He deceased in the Thirtieth year of his Reign . Caratacus , the Eighteenth King. METELLANVS dying without Issue , the Kingdom was conferred on Caratacus , Son of Cadallanus , a young Man of the Royal Blood. Assoon as he entred upon the Kingdom , he quieted the People of the Aebudae Islands , ( who had raised Commotions upon the Death of their last King , ) but not without great Trouble . Yet here I a cannot easily beleive what our Writers , following Orosius , Eutropius , and Bede , do say , viz. That the Orcades were subdued by Claudius Caesar in his Reign . Not , that I think it a very hard thing for him to attempt , one by one , a few Islands scatter'd up and down in the Stormy Sea , and having but a few , and those too unarmed , Inhabitants to defend them , and seeing they could not mutually help another , to take them all in ; nor , that I think it incredible , That a Navy might be sent by Claudius on that Expedition , he being a Man that sought for War and Victory all the World over . But because Tacitus affirms , that , before the coming of Iulius Agricola into Britain , that part thereof was utterly unknown to the Romans . Caratacus Reigned Twenty years . Corbredus , the Nineteenth King. CORBREDVS , his Brother , Succeeded him . He also subdued the Islanders in many Expeditions , a People , that almost in every Inter-Regnum , did affect Innovation , and raise up new Tumults . He also quite suppress'd the Banditti , which most infested the Commonalty . Having settled Peace , he return'd to Albium , and making his Progress over all Scotland , he repaired the Places injured by War , and departed this Life in the Eighteenth year of his Reign . Dardanus , the Twentieth King. THE Convention of Estates set up Dardannus , the Nephew of Metellanus , in his stead , passing by the Son of Corbredus , because of his young and tender years . No Man , before him , entred upon the Government , of whom greater Expectations were conceived , and no Man did more egregiously deceive the Peoples Hopes . Before he undertook the chief Magistracy , he gave great Proof of his Liberality , Temperance and Fortitude . So that in the beginning of his Reign , he was an indifferent Good and Tolerable King , but he had scarce sat Three years on the Throne , before he ran head-long into all sorts of Wickedness . The Sober and Prudent Counsellors of his Father , he banish'd from his Court , because they were against his lewd Practices . Only Flatterers , and such as could invent new Pleasures , were his Bosom Friends . He caused b Cardorus , his own Kinsman , to be put to Death , because he reproved him for his Extravagance in Lawless Pleasures ; and , yet he had been Lord Chief Justice and Chancellor too , under the former King. And a while after , many other Persons , as they did excel in Virtue , or in Wealth , were circumvented by him , by one wile or other , and so unjustly brought to their Ends. At last , to free himself from the Fears of a Successor , he took up a Resolution to destroy Corbredus Galdus , his Kinsman , with his Brothers , who were Royally Educated , in hopes of the Kingdom . The Charge of this Assassination was committed to Cormoracus , one of his Privado's . He being laden with many Gifts , but more Promises , was sent away to perpetrate the Villany ; but attempting it with less Caution than such a Butchery required , he was taken in the very Fact , by some of Galdus his Train , with a naked Fauchion in his Hand ; being Arraigned and put to the Torture , he confessed the Author , and the designed order of the whole Conspiracy , and so was executed immediately . When this wicked Plot was divulged abroad , there was a general Combination of almost all sorts of People against the King , insomuch , that having slain many of those who were Panders to his Lust , as they could be found ; at last they endeavoured to make their way to the King himself , the Source and Fountain of their Mischief . In the mean time , Conanus , one of the Kings Parasites , a Man meanly descended , but highly Respected and Trusted by his Master , levied some Troops , and had the Confidence to send them forth against the Nobles , but being forsaken of his Men , he was taken and Hang'd . The Commons , having now got Galdus for their General , found out c Dardanus , who was privately lurking to secure himself ; while they were apprehending of him he endeavour'd to lay violent Hands on himself , but being prevented , he was brought to Galdus , and immediately put to Death , his Head was carried up and down in Mockery , and his Body thrown into a Jakes , after he had Reigned Four years . Corbred II , The Twenty First King. COrbred , the Second , Sirnamed Galdus , succeeded him ; a Prince equally dear to Lords and Commons , both upon the account , and early proof , of his own personal Virtue , and promising Ingenuity , as for the Memory of his worthy Father . Some imagin , that he was That Galgacus , who is mentioned by Tacitus , and that he was Sirnamed Galdus by the Scots , because he had been educated amongst the Britains . For the Scots according to their Ancient Custom , call all Strangers Galds , or Galls ; as the Germans call them Wals , as I shewed largely before . After he had undertook the Government , he increased the great Hopes which had been pre-conceived of him . For , making an Expedition into the Islands of Sky and Lewis , he quelled the Seditions , lately raised there , and suffered to come to an head , by the negligence of Dardanus , and that with a due and prudent mixture of Mercy and Severity . He slew the Captains of those Banditti ; and enforced the rest , for fear of punishment , either voluntarily to banish themselves , or else , to return to their former rural Employments : He , as I believe , was the d First of the Scotish Kings , that ever advanced his Ensigns , against the Romans , who had , by little and little , propagated their Empire , even to the very Borders . For Petitius Cerealis first broke the Forces of the Brigantes , and his Successor Iulius Frontinus conquered the * Silures . 'T is very probable , that the Scots and Picts sent Aid to those Nations , who were situate not far from their Borders . Iulius * Agricola succeeded the former Generals , who having overcome the ( * ) Ordov●ces , and reduced the Island Man , when he was come to the narrowest part of Britain , thinking , that it was not far to the end of the Island , he was encouraged to the Conquest of it all . And therefore in the Third Year of his Generalship , he overcame and plundered the neighboring Countries of the Scots and Picts , until he came to the River Tay ; And thô his Army was much distressed by Tempest , yet he had time to build Forts in all places convenient for Defence , by which means he defeated the Designs of his Enemies , and withal , brake their Force . For before , the Adverse party , being Men inured to hardship , what they lost in the Summer , would many times recover in Winter , when the Roman Legions were dispersed into Winter Quarters : And somtimes , they would assault , and take , their Enemies Castles and Garisons , being not sufficiently fortified . But at that time , by the cunningness of Agrippa in Building his Forts , and by his skill in making them defensible ; and withal , by relieving them with his Forces , every Year ; Their Arts were deluded . In the Fourth Year of his Government , perceiving , that the Firths of Forth , and of Clyd , were severed but by a small Tract of Land , having fortified that Place with Garisons , he spoiled the Countries bending to the Irish Sea. In his Fifth Year , he sent a Fleet to Sea , and made descents in many places , and plundred the Maritime Coasts , fortifying those that looked towards Ireland with Garisons , not only for that present occasion , but also , that he might from thence more easily transport an Army to that Country . By this prudence of Agricola , the Scots , and Picts , being shut up in a narrow Angle , and secluded from any commerce with the Britains , prepared themselves for the last shock and rancounter ; Neither was * Agricola less careful , but commanding his Navy to fetch a compass about , to discover the utmost parts of the Island ; he led his Army beyond the Forth , and drew towards the Caledonians : There , their Enemies , being ready ( as in a desperate Case ) to run their last hazard , assaulted some of the Roman Garisons , which struck such a Terror into them , that some of the Romans , as fearing , either the Number of their Enemies , or their Obstinacy , by reason of their desperation , gave their advice to retreat with their Army , into a place of greater safety : But their General , being resolved to Fight , when he was informed , that the Enemy approached him in three distinct Brigades ; he also drew towards them , having divided his Army into Three Squadrons also , which Project was almost his total Ruin. For his Enemies understanding his Design , did with their whole Army assault one of his Legions by night , and having killed the Sentinels , had almost taken his whole Camp : But being prevented by the coming in of other Legions , after they had fought desperately till Day light , at length , being put to flight , they returned into the Mountains and Woods . Those things were acted about the Eighth Year of his Expeditions . Both Parties prepare themselves , as for their last Encounter , against the next Spring : The Romans , as judging that the Victory would put an end to the War. And their Enemies looking upon their All to be at stake ; and , that they were about to fight for their Liberty , Lives , and for whatsover is to be accounted Dear and Sacred amongst Men : Hereupon , judging , that , in former Battels , they were overcome by Stratagem , rather than by Valour , they betook themselves to the higher Grounds , and , at the foot of Mount Grampius , waited for the coming of the Romans . There a bloody Fight was begun betwixt them . The Victory was a great while hovering , and uncertain ; at last , all the valiant Men of the Caledonians being slain , the rest having their Courage cooled , were forced to retreat to their Fastnesses . After this Battel , there was no doubt at all , but that Agrippa would have subdued all Britain , by the force of his conquering Arms , if he had not been called home by * Domitian , not for the Honour of his Victories , as was pretended , but for his Destruction and Death . After his departure , Sedition arose in the Roman Camp , and the Scots and Picts being glad of the occasion , and somewhat encouraged thereby , began to creep out of their lurking Places ; and perceiving , that the Romans had not a General , nor the same Camp-Discipline , as before ; they sent Envoys up and down , to try the Inclination , not only of their own Country-men , but of the Brittons also . Thus , in the first place , being imboldned by some small successful Skirmishes , they began to take heart , and to assault Garisons ; and at last , with a formed Army they resolved to venture the hazard of a pitched Field . By this means , The Romans were expelled out of their Territories , and were forced , with doubtful success , to contend with the Britains for their ancient Province . Galdus having obtained respite from War , made his Progress all over the several Countries of the Land , and resetled the old Owners in their Habitations , which had been almost destroyed by the War ; As for the Places which were wholly void , he sent his Soldiers to inhabit them . And having restrained the frequent Robberies which were wont to be committed , he composed the differences , which began to arise betwixt Him and the Picts . At length , in great Glory and Endearment , both with Friends and Foes , he deceased , in the 35th Year of his Reign . Luctacus , the Twenty Second King. SO good a Father was succeeded by * Luctacus , as bad a Son , who despising the Counsel of his Nobles , gave up himself wholly to Drinking and Whoring . No nearness of Alliance , no Reverence of the Laws , no respect of Nobility , or of Conjugal Relation , did restrain him from his vile lewdness with those Women which he had a Mind to . Moreover , He was inhumanly Cruel , and also unsatiably Covetous . The Soldiers and youthful Fry , which is still more inclinable to the worse , did easily degenerate into the Manners of their King. So that , at last , when he had defiled all , with Whoredom , Rapines and Slaughters , and no one Man durst oppose his exorbitant Power : An Assembly of the States being called together , and speaking freely concerning the State of the Kingdom , he Commanded the Nobles , as Seditious Persons , to be led out to Execution ; but by the concourse of the intervening Multitude , both He , and also the loathed Ministers of his Lust and Lewdness were * slain , when he had scarce finished the Third Year of his Reign . For the Honour had to his Father , his Body was allowed to be Buried amongst the Sepulchres of his Ancestors ; but the Bodies of his Associats were cast out , as unworthy of any Burial at all . Mogaldus , the Twenty Third King. AFter him , a Mogaldus was elected King , the Nephew of Galdus , by his Daughter : In the beginning of his Reign , he equalled the best of Kings ; but , growing older , he was tainted with Vices , and easily degenerated into the Manners of his Uncle . When he first entred on the Government , that he might , with greater Facility , cure the vitious Practices committed by the former King , which did even contaminate the Publick Manners , he made Peace with his Neighbors , he restored the Ancient Ceremonies in Religion , which had been carelesly neglected : He banished all Pimps of Lust , and Debauchery , from Court , and acted all things by the Advice of the Estates , according to the Ancient Custom ; by which Deportment he procured to himself Love at home , and Reverence abroad . Having setled Matters at home , he turned his Mind to Warlike Affairs , and drove out the Romans from the Borders of his Kingdom ; and , by his Auxiliaries , assisted the Picts against the Injuries of the Romans : Yea , in some prosperous Battels , he so weakned the Roman Power amongst the Britains , that They also were erected to some hopes of recovering their Liberty , and thereupon took up Arms in many places . And their hopes were encreased , because the Emperor Adrian had called back Severus , a fierce and skilful Warrior , out of Britanny into Syria , to quell the Seditions of the Iews ; so that b Adrian himself , the Tumults more and more increasing , was inforced to pass over from Gallia into Britain : But he , being a greater Lover of Peace than War , desired rather to maintain the Bounds of his Empire , than to enlarge them . Whereupon , when he came to York , and found the Country beyond it to be harassed by the War , he resolved to take a particular View of the Devastation , and so marched his Army to the River Tine ; where being informed by the old Soldiers who had followed Agricola , almost to the utmost Bounds of Britanny , That there would be more Pains than Profit in Conquering the rest of the Island , he built a Wall and Trench for the space of Eighty Miles , between the Firths of the Rivers Tine and Esk ; and so excluded the Scots and P●cts from their Provincials ; and having setled the State of the Province , be returned back from whence he came . Here I cannot but take notice , that , seeing there yet remain divers Marks of this Wall , in many places , it is a wonder to me , that Bede did wholly omit to mention it ; especially , since Aelius Spartianus hath taken notice of it , in the Life of Adrian ; and also Herodian , in the Life of Severus . I cannot persuade my self , That Bede could be so mistaken , to think , as many yet do , That that Wall was not made by Adrian , but by Severus . This by the by . Hereupon the Roman Province was quieted , the Excursions of their Neighbors were prevented , and Peace was observed between them , for a great while . The Britains did easily embrace it , and the Scots and Picts had thereby opportunity to divide the Neighboring Lands as a Prey , amongst themselves . But that Peace , besides the prejudice it did to the Body , by weakening its Vigor , through Sloth and Idleness , did also enervate the Mind , by the Baits of Pleasure , which then began to tickle it : For hereby Mogaldus , till then Unconquered in War , forgetting the Glory of his Ancestors , ran headlong into all kind of Vice ; and , besides other pernicious and foul Miscarriages , prejudicial to the Publick , he made a most unjust Law , c That the States of such as were condemned should be forfeited to his Exchequer , no part thereof being allotted to their Wives or Children . This Law is yet observed and pleaded for , by the Officers of the King's Revenue , who are willing to gratifie his Lust , though they then did , and yet do , know , that it is an unjust and inhuman Institution . Mogaldus having thus made himself obnoxious and hateful to the Nobles and Commons too , being unable to resist their Combinations , with one or two of his Companions , sought to run from their Fury ; but before he could execute his Project , he was taken , and d slain , after he had Reigned 36 Years . This was done , about the Sixth Year of the Reign of the Emperor Antoninus Pius . Conarus , the Twenty Fourth King. COnarus , his Son , succeeded him , who , from an ill Beginning , ended his wicked Reign with as unhappy a Conclusion : For , he was not only conscious and privy to , but also a partner in , the Conspiracy against his Father . But , to cover his Faults , in the beginning of his Reign , a War did fall out very opportunely for him . For the Britains , having passed Adrian's Wall , took away great store of Men and Cattle . Whereupon , e Conarus , by the Advice of his Council , joyning his Army with the Picts , they passed over Adrian's Wall in many places , and made great havock in the Britains Country ; and at last , encountring their Enemy , a great and bloody Battel was fought betwixt Them , the Romans and Britains . The Slaughter was almost equal on both sides , which occasioned Peace between Them till the next Year : Yet , the Romans , because they were not Conquerors , looked upon themselves as , in a manner , Conquered . Whereupon , their own Forces being much lessened , and Adrian putting no great Confidence in the Britains , whom , he saw , to conceive some hopes of Liberty upon his Misfortunes , he sent for Aid from Antoninus Pius , laying the blame of the Violation of the Peace upon the Scots and Picts , and of the loss and slaughter of his Men , upon the Britains . f Lollius Vrbicus was sent over Lieutenant-General by the Emperor , who overcame his Enemy in a bloody Battel , and drove them beyond the Wall of Adrian , which he again repaired . Afterwards , there was a Cessation of Arms for many Years , as if a silent Truce had been made . For the Romans had Work enough to keep the Enemy from ravaging and plundering , and , for that end , their Camp was pitched on the Borders . And Conarus , who loved nothing in War , but the Licentiousness obteined thereby , made haste to return home , That he might imploy that Vacancy wholly to immerge himself in Pleasures : Whereupon , those Vices , which he had before concealed , on design to gain the Love of others , began now to appear bare-faced . And when , by this Dissimulating Art , he judged the Kingdom sure to him , what his Ancestors had gotten by great Pains and Labour , he did as profusely spend , on his own Lusts and Pleasures ; insomuch , that , in a very short time , he was reduced to great want . So that , convening an Assembly of the Estates , he made a long and plausible Oration of the Grandeur and Magnificence which was necessary for Kings ; and complained of the Lowness of his g Exchequer . Thus covering his Vices under the cleanly Names of Gallantry and Magnificence ; and he was also an earnest Suitor , That a Valuation of every Mans Estate should be made , and a proportionable Tax imposed on each Individual . This Speech was unacceptable to all that heard it , whose Answer was , That the Matter was of more Moment than to be determined on a sudden : Whereupon , the Estates , having obtained a short time for Consultation , upon asking every particular Mans Opinion , they soon found , That this new Device of demanding such a vast Sum of Money , did not proceed from the Nobles , h but from some Court-Parasites ; whereupon , they Voted , That the King should be kept Prisoner , as unfit to Reign ; until , upon his Abjuration of the Government , they did substitute another . When they met the next Day , he , who was first demanded to give his Vote , made a sharp Speech and Invective against the Life of the former King , saying , That Bawds , Parasites , Minstrels , and Troops of Harlots , were not fit Instruments for Kings and Kingdoms , as being useless in War , and troublesom in Peace ; besides , they were costly and full of Infamy and Disgrace . He added , The Complaint was false , That the King's Revenue and Incom were not sufficient for his Expence ; for a great many of their former Kings , who were famous Warriors , and formidable to their Enemies , had lived Nobly and Splendidly upon it , in time of Peace . But if any Prince be of Opinion , That the Publick Revenue was too short , then , said he , let a Supplement be made , not out of the Subjects Purse , but out of his own Domestick Parsimony . He further added , That the Measure of Expence was not to be taken from the Lust and Exorbitant Desires of Men , which were infinite , but from the Ability of the People , and the Real Necessities of Nature . And therefore it was his Opinion , That those Villains , upon whom the Publick Patrimony was conferred , and for whose sake the King had undone so many Worthy Persons of good Rank and Quality , by despoiling them of their Estates , and putting them to Death , should be compelled to refund That to the Lawful Owners , which , by their Flatteries , they had unjustly robbed them of ; and that also they should be further punished , to boot . In the mean time , he advised , that the King should be kept a Prisoner , till they could substitute another , that would not only inure himself to Thrift , but also teach others , by his Example , to live hardly and parsimoniously , as his Forefathers had done , that so the strict Discipline , received from our Ancestors , might be transmitted to Posterity . This Speech , as it was sharp enough of it self , so it seemed more cutting to those , who had Velvet Ears , and were unaccustomed to hear such free and bold Discourses , before . Neither did the King endeavour to allay the Heats of his People , by fair and gentle Words , but rather , by fierce and minatory Expressions , which did more vehemently inflame and provoke them ; so that , amidst these Quarrellings and Altercations , a Tumult arising , some that were next the King , i laid Hands on him , and thrust him , with some few others , into a Cave , under-ground . Those Courtiers , who had been the Authors of such wicked Counsels , were presently put to Death ; and , lest any Tumult of the Mobile should arise upon this Dissolution of the Bonds of Government , One k Argadus , a Nobleman , was made Vice-Roy , till the People could conveniently meet , to set up a New King. He , though , in the beginning of his Administration , he setled all things with great Equity , and thereby had procured much Commendation by his moderate Deportment ; yet , his Mind being corrupted by Prosperity , he soon lost all the Credit of his former praise-worthy Life . For he cherished Home-bred Seditions , and strengthened his Authority by External Aid , having such great Familiarity with the chief of the Picts , that he took a Wife from amongst them , and gave his Daughters to them , in Marriage ; by which practice , it soon appeared , that he aspired to the Crown . These things being laid to his Charge in a Publick Assembly , wherein he was much blamed for his so sudden Degeneration and Apostacy , he was altogether ashamed , and knowing them to be True , he brake forth into Tears ; and as soon as his Weeping gave him liberty to speak , being unable to purge himself from the Objected Crimes , he craved Mercy , and humbly deprecated the punishment of his Offences ; Which , said he , if I can obtain , I will recompense , and make amends for my Errors in Government , by my future Care , Industry and Valour . These things he humbly supplicated upon his Knees , so that the Anger of the Nobles being now turned into Pity , they lifted him up from the Ground , and ordered him to continue in the Government , remitting his own Punishment to himself . As for Them , they were well enough satisfied , if he did now truly and heartily repent of what he had done amiss heretofore . From that Day forward , Argadus assembled the Wisest Men of the whole Kingdom about him , and acted nothing but by their Advice ; yea , during the l Remainder of his Magistracy , he Enacted many Laws for the Good of the Publick ; of which This was the chief ; That he restrained the Arbitrariness of Provincial Judges , and forbad them to give Sentence against all Offenders , alike ; but to have respect to alleviating Circumstances , where any such were . He either restrained , or put to Death , Flagitious Persons , and amended the Publick Manners , which had been corrupted by a long course of Licentiousness , not only by inflicting Legal Punishments on Transgressors of the Laws , but by affording them the Leading Example of his own Regular Life . Whilst these things were acting , Conarus , partly afflicted with Grief , and partly worn out by Diseases , ended his filthy and ignominious Life in Prison , in the Fourteenth Year of his Reign . Ethodius , the Twenty Fifth King. EThodius was set up in his stead , Mogaldus's Sisters Son ; He immediately convened the Estates , and thereupon highly extolled Argadus , and after he had bestowed on him great Honours , and large Rewards , he made him Plenipotentiary , under him , for the Administration of the Government ; when he had made his Progress to view all the Counties and Parts of his Dominions , according to Custom , he Sailed over to the Aebudae Islands ; Argadus was sent by him to quell the Disturbers of the Publick Peace ; who soon suppressed them , and brought them Prisoners to the King. These Combustions thus appeased , he returned into Albium ; but the Islanders being freed by his absence , from their present Fear ; and further , being persuaded by false Reports , spread abroad , That he was engaged in a Foreign War ; and besides , being provoked , rather than suppressed , by the punishment of their Associats , began to raise new Tumults . m Argadus was again sent to suppress them , but they , being assisted both by the Picts and Irish , gave him Battel , without any delay , in which Fight , Argadus himself , being circumvented by Treachery , was slain : That Blow made the King lay aside all other Business , and to march thither himself ; where he so wasted them , with some light occasional Skirmishes , and by his frequent Alarms and Inroads upon them , that , being inferior to him in Force , they retired into a Valley , encompassed on all sides with craggy Rocks , having only one Passage leading into it , that so , the Conveniencie of the Place , as they thought , might somewhat contribute to their Safety . n Ethodius , perceiving the disadvantage of the Place for his Enemy , disposed of his Guards in fit Avenues ; and also made a Wall and a Graft at the mouth of the Passage ; by which means they were brought to that extreme Penury of all things , that they were forced to yield up themselves to the King , at discretion . They were willing to accept of any Conditions ; but the King gave them only These ; That Two hundred of them , such as the King should cull out , with their General , should be surrendred up to him ; The rest should every Man return to his own home . The Punishment of those , who were thus given up , being presently inflicted on them , had almost raised up a new Sedition ; For the common Soldiers were so enraged at so terrible a Spectacle , that , for want of Arms , they threw Stones at the King's Officers . Neither was their tumultuous Fury allayed , without much Bloodshed . Thus Ethodius , having setled Peace every where , in order to the Administration of Justice , made his Progress over all his Kingdom , much delighting himself in Hunting by the way , so that he made many o Venary Laws , of which , a great part are observed to this very day . He had an Irish Musician or p Harper , lying all night in his Bed-chamber , ( according to the Custom of the Scotish Nobility ) by whom he was slain in the night , in revenge of a Kinsman of his , whom , he said , the King had put to Death . When he was led forth to Execution , he was so unconcerned at his Torture , that he seemed to be very glad , as if he had done but his Duty , and acted his Part with applause . Satrael , The Twenty Sixth King. ETHODIVS being thus slain , when he had Reigned Three and Thirty years , and his Son being not of Age , fit to Govern , his Brother Satrael was elected King ; this Man being of a naughty , yet cunning , Disposition , endeavoured to establish the Kingdom in his own Family , and so to destroy the Sons of Ethodius : In order whereunto , those Nobles , who were most dear to Ethodius , were , by Calumnies purposely devised , suppressed and slain by him . Afterwards , because the Commons did much regret the slaughter of their Nobles , he began to oppress them also ; which matter , in a little time , did so increase the Hatred conceived against him , and so diminish his Authority , that Tumults and Seditions did thereupon arise . He durst not go forth to suppress them , because , he knew , he lay under a publick Odium , so that he was sculkingly q slain at home by his own Men , in the Night , when he had Reigned Four years . Donaldus I. The Twenty Seventh King. r DONALDVS , another Brother of Ethodius , was set up in his Room , who equalled , yea , exceeded , the Vices of Satrael , by as great , and as many contrary Virtues , his Clemency joyned with his Love of Equity , did much enhaunce the price of his other Excellencies . He , by the terrour and weight of his Authority , and also , by present Punishments inflicted , quelled all intestine Commotions ; and rightly conceiving , that the Souldiery , who were before wanton and idle , and spoiled by Luxury , might be made more ready to resist an Enemy , he caused a Muster to be made of them , and so accustomed them to Training and Exercising their Arms , and Military Discipline , that , in a short time , the new-listed Tyroe's did equal the Valour of the Veterans , and old Souldiers . The Peace which he had abroad , did much forward this his design . For , the Roman Legions , some few years before , made a Mutiny in Britanny , as desiring any other General , rather than Commodus , and especially s Aelius Pertinax , who was sent to suppress them ; so , that leaving the Scots and Picts , they turned the whole stress of the War upon themselves . It was also a further advantage to him , in order to a Peace , that t Donaldus had , first of all the Scotish Kings , embraced the Christian Religion ; yet , neither he , nor some other of the succeeding Kings , though a great part of the Nobility did favour the design , could wholly extirpate the old Heathenish Rites and Ceremonies . But the Expedition of u Severus the Emperor , falling out in his time , did mightily disturb all his Measures , both Publick and Private . For Severus , being very skilful in Military Affairs , brought so many Forces into Britain , in hopes to conquer the whole Island , as never any Roman General had done before him . There were also other Causes for this Expedition of his , as , the corrupt Life of his Sons , by reason of the Vices reigning in Rome ; and the Effeminacy of his Army , occasioned by sloath and lying still : To remedy these mischiefs , he thought it best to put them upon Action . Upon his Arrival , the private Tumults , which were about to break forth , were suppressed , and the Scots and Picts , leaving the Counties near the Enemy , retreated to Places of greater safety , and more difficult Access . Severus , that he might , once for all , put an end to the British Wars , led his Army through all the waste places , deserted by their Inhabitants , against the Caledonians . Though his Enemy did not dare to give him Battel in the Field , he was much incommoded by the Coldness of the Country , and underwent a great deal of Trouble , to cut down Woods , to level Hills , and to throw vast heaps of Earth into the Marish Grounds , and also to erect Bridges over Rivers , to make a passage for his Army . In the mean time , the Enemy despairing of success , if they should Fight so great a Multitude in a pitch'd Battel , did here and there leave Herds of their Cattle , on purpose , as a Prey to them , that so they might stop the Romans , who , in hopes of such Booties , were inticed to stray far from their Camp : And , indeed , the Romans , besides those , that being thus dispersed , were taken in the Ambushes laid for them , were also much prejudiced by continual Rains ; and , being wearied with long Marches , and so not able to follow , were in many places slain by their own Fellows , that so they might not fall alive into the Hands of their Enemies . Yet , notwithstanding , though they had lost 50000 of their Souldiers , ( as Dion writes ) they did not desist from their Enterprize , till they had pierced even to the End and extream Bounds of the Island . As for Severus himself , though he was Sick , during this whole Expedition , and thereupon was fain to be carried in a covered Horse-Litter ; yet , by his incredible Obstinacy and Perseverance , he made his Enemies to accept of Conditions of Peace , and to yield up to him no small part of their Country . He built a Wall , as a Mound to the Roman Empire , between the Fi●ths of Forth and Clyd ; where Agricola , before him , had also determined to bound their Province . That Wall , where it toucheth the River Carron , had a Garison thereon , so situate , and the Ways and Passages so laid out , that it was like a small City ; which , some of our Country-Men , though mistakingly , do think to be Maldon . But it is more probable , that This was the City which Bede calls Guidi . A few years before the Writing hereof , some footsteps of Trenches , Walls , and Streets did appear ; neither yet are all the Walls so demolished , but that they discover themselves visibly in many places ; and when the Earth is a little digg'd up , square Stones are quarried out , which the owners of the Neighbouring Countries use in Building their Houses . Yea , sometimes , Stones with Inscriptions on them are found , which shew , that it was a Roman Pile of Building . Those Words of Aelius Spartianus do shew the Grandeur of this Structure . He strengthened Britain ( says he ) with a Wall , drawn Cross-ways , or , Thwart the Island , from Sea to Sea , which is the greatest Ornament of his Empire . By which Words , he seems to intimate , That it was not a Trench , as Bede would have it , but a Wall ; especially , since he gives such a Commendation to a Work , which is shorter by half than Adrian's Wall. Yea , this Fortificati●n , where it is least distant , yet is Eighty Miles off from the Wall of Adrian . There are also other Indications of that Peace , if I mistake not . For , a little below that ●arison , of which I have spoken , there is a round Edifice on the opposite side of the River Carron , made of square Stones , heaped on one another , without Lime or Mortar . 'T is no bigger than a small Pidgeon-House ; the Top of it is open , but the other Parts are whole , save , that the upper Lintel of the Door , wherein the Name of the Builder , and Work , is thought to have been inscribed , was taken away by Edward the First , King of England ; who did also invidiously deface all the rest of the old Scotish Monuments , as much as ever he could ; some think , and have Written accordingly , that That Structure was the Temple of Claudius Casar . But my Conjecture is rather , That it was the Temple of the Heathen God y Terminus . There were also , on the left Bank of the same River , two Hillocks , or , Barrows of Earth , raised ( as it sufficiently appears , ) by the Hands of Men. A great part of the lesser one , which inclines more to the West , is swept away by the Washing and Over-Flowings of the River ; the Neighbouring Inhabitants call them yet z Duni Pacis . So that Peace being again procured by this Division of the Island , and all Matters being in a sort accommodated , Donaldus departed this Life , having Reigned One and Twenty years . Ethodius II. The Twenty Eighth King. ETHODIVS the Second , Son of the former Ethodius , was substituted in his Room , a Man almost stupid . This is certain , he was of a more languid and soft Disposition , than was fit to have the Government of such a Feirce and Warlike People conferred upon him ; which being taken notice of , the Nobles , in a Convention , bore that Reverence to the Progeny of King Fergus , that they left the Name of King to Ethodius , as sloathful as he was ; but yet , not guilty of any Notorious Wickedness ; but set Deputies over all the Provinces , to administer Justice therein , whose Moderation and Equity did so regulate Matters , that Scotland was never in a quieter State. For , they did not only punish Offenders , but also made the immoderate Covetousness of the King to be no burden to the People . This King in the Twenty first year of his Reign , was a slain in a Tumult of his own Officers . Athirco , The Twenty Ninth King. ATHIRCO , his Son , manifesting greater Ingenuity than is usually found in such an Youthful Age , was therefore made King : For , by his Manly Exercises in Riding , throwing the Dart , and vying with his young Courtiers in Feats of Arms ; as also , by his Bounty and Courteous Demeanor , he won to himself the Love of all . But his Vices increasing with his Age , by his profound Avarice , Peevishness , Luxury and Sloath , he so alienated the Minds of Good Men from him , that the more the Sons were delighted with his Nefarious Practices , the more their Fathers were offended thereat . At last , a Conspiracy of the Nobles was formed against him , occasioned by one Nathalocus , a Nobleman , whose Daughters , being first deflowred by him , and then ignominiously beaten with Rods , he prostituted to the Lust of those Ruffians , that were about him . He endeavoured to defend himself against them , but perceiving he had not Force enough so to do , being also forsaken by his Domesticks , who detested his lewd Practices , he laid b violent Hands on himself , in the Twelfth year of his Reign . After his Death c Dorus , either because he was his Brother , or , else had been a Pander to his Lust , fearing lest the Nobles , in the heat of their Provocation , should exercise their Rage upon all the Kings Lineage , saved himself by flight , with his Brothers Three small Children , Findocus , Carantius and Donaldus . Neither was he mistaken in his Opinion ; for Nathalocus , who had receiued so signal an Injury , not contented with Dorus his Exile , suborned Emissaries to kill him , and his Brothers Children too ; who , coming to the Picts , ( for the Royal Youths had chosen the Place of their Banishment amongst them ) and lighting upon one very like Dorus , in Stature and Physiognomy , they slew him , instead of Dorus himself . Nathalocus , The Thirtieth King. NAthalocus , thinking , that he had slain Him , who stood most in his way , was , the First of all the Scots that ambitiously sought for the Kingdom . 'T is true , a great part of the Nobility were against Him ; yet , by means of those whom he had corrupted by Promises and Bribes , he carried the Point , and was made King. Neither did he manage the Kingdom any better than he got it . For suspecting the Nobility , which , in the Parliaments of the Kingdom , he had found to be adverse to him , he Governed all by the Ministry of Plebejans , whom Audaciousness and Penury ( he knew ) would easily incline to any wickedness . Besides those Suspicions I have mentioned , he was encountred with a far more grievous one ; for , intercepting Letters directed to some of the Chief Nobles , he understood by them , That Dorus , and the Children of Athirco , were yet alive , and were brought up amongst the Picts , in hopes of the Kingdom . To avoid this Danger , he sent for those Nobles , whom he most suspected , to come to him , pretending he had need of their Advice , in the Publick Affairs of the Kingdom . When d they were assembled , he shut them all up in Prison , and , the very next night , caused them all to be strangled . But , that which he hoped would be a Remedy to his Fears , was , but as a Firebrand to raise up another Conspiracy . For the Friends of those who were slain , being afraid of themselves , as well as grieving for the loss of their Relations and Kindred , unanimously take up Arms against him . Whilst he was raising an Army to oppose them , he was slain by one of his own Domesticks , about the Twelfth Year of his Reign . Some of our Country-men do add a Tale in the Case , which is more handsomly Contrived , than likely to be True. That the very Man , who slew the King , had been before sent by him to Southsayers , to enquire concerning the King , his Victories , his Life , and Kingdom ; And that an old Wizard should answer him , That the King should not live long , but his Danger would arise , not from his Enemies , but from his Domesticks ; And when he pressed the Woman , From which of them ? She replyed , Even , from thy Self , Man. Whereupon , he cursed the Woman ; yet returning home in a great Quandary , he thought with himself , That the Womans Answer could not be concealed ; and yet it was not safe for him to declare it , lest he should render himself suspected to the King , who was a depraved Person and guided wholly by his own Fears . And therefore it seemed to him , the safest Course to kill the Tyrant with the Favour of many , than to preserve him alive , with the extreme hazard of his own Life . Presently after he returned home , having obtained Liberty of private Access , to declare the secret Answer of the Oracle , or Conjurer , e he slew the King , now entring upon the Twelfth Year of his Reign ; and so freed his Country from Bondage , and himself from Danger . Findochus , The Thirtieth First King. WHen the last King's Death was publickly known , the Sons of Athirco were recalled home . Findochus , besides his being of the Royal Family , was also endued with many blandishments of Nature , being very beautiful , tall of Stature , in the flower of his Age ; and besides , being rendred yet more acceptable , for the afflictions he had suffered , he was chosen King. Neither did he deceive Mens expectations ; For in his ordinary deportment , he was very Courteous ; in administring of Justice , Equal , and Impartial ; and a Conscientious Performer of all his Promises . But Donaldus , the Islander , being weary of Peace , Sailed over with a numerous Army into Albium ; and making havock of the Villages where he came , returned home with a great Booty . His Pretension for the War , was , the revenge of the Death of King Nathalocus ; f Findochus speedily listed an Army against him , and transporting them into the Island , he overthrew Donaldus in Battel , and forced him to fly for Refuge to his Ships ; many were slain in the Fight , and many were drowned , whilst they endeavoured , in an hurry , to get a Shipboard . Donaldus himself being taken into the Boat , endeavouring to escape , the Boat sunk , by reason of the Multitude of those , who overladed it , and so he was drowned . Notwithstanding , the Islanders , not disheartned with this overthrow , after the departure of the King , sent for Forces out of Ireland , and renewed the War , making Donaldus his Son , their General , in the room of his Father ; under whom they again made a Descent into the Continent , and drove away much Booty . Whereupon Findochus again wafted over his Forces into the Aebudae Isles , and marching over all the Islands , executed severe Punishment on the Plunderers ; and overthrowing the Forts , into which they were wont to fly , he made such a slaughter of the Men , and carried away so much Prey , That he left many of the Islands almost desolate : Upon Findochus his return , Donaldus , who had fled for safety into Ireland , returned from thence , and endeavouring to recruit his Armies , he found his Forces so weakened , that he left off the Thoughts of managing an open War , and resolved to betake himself to Guile and Stratagem . And in prosecution of that Design , not daring to trust the King , thô he had given him the Publick Faith for his Security ; he sent Two of his Friends , Persons both bold and crafty , as with a secret Message , to Him. They , coming to Findochus , and boasting of their Lineage , and Descent , and withal , grievously complaining of the wrongs they had received from Donaldus ; yet could not induce the King to believe them : Whereupon , they applyed themselves to g Carantius his Brother , a shallow-pated and ambitious Person : Being admitted into an intimate Familiarity with him , and , by his means , being made acquainted with the secret Affairs of the State and Commonwealth ; having found out his Disposition , they were at last so bold , as to tell him , They were sent over to kill the King. He hearing this , looked upon the Kingdom as gotten by other Mens wickedness and danger , now sure to himself , did therefore shew them all the Countenance and Favour imaginable . Whereupon , all things were prepared for the Perpetration of the designed Murder ; whilst the King was hearing one of them , relating the various Adventures of his Life ; and the rest were busy in running to see a wild Beast of an extraordinary bigness , the other thrust him through the Breast with an Hunting Spear , and so slew him . Upon the committing of which horrible Fact , there was a great Hubbub and Concourse of People ; some take up their dying King ; others persue the Murderers , who were taken , and deservedly executed ; yet they were not put to Death before they had been Rackt , and by that means they confest the Design of Donaldus , and the wickedness of Carantius , who had withdrawn himself to dissemble the Matter . This Carantius first sled to the Brittons ; but they hearing of the cause of his Banishment , did detest so execrable a Guest ; whereupon he went to the Roman Camp. Donaldus II , The Thirty Second King. THE best of Men , as well as of Kings , being thus slain , by the detestable Treachery of his Brother , in the Eleventh Year of his Reign ; h Donaldus , the youngest of his Three Brothers , was set up King in his stead . He , whilst he was preparing to Revenge his Brothers Death ▪ Word was brought him , that Donaldus the Islander had entred Murray , not now carrying himself as a Robber , but as a King. Whereupon , He , with a few of his Soldiers , which were near at hand ( having left a Command for the rest to follow ) marches directly towards the Enemy . Donaldus being informed by his Spies , That the King had but a small Force with him , continued his March Day and Night , and by that means prevented the news of his approach . The King being thus surprized , seeing he could not avoid Fighting , performed more than could have been expected from so small a Number , but , at length , was overcome by the multitude of his Enemies ; and being grievously wounded , with Thirty more of the prime of his Nobility , was taken Prisoner ; about 3000 Men were slain in the Fight , and 2000 taken . The King dyed within Three days ; either of his Wounds , or for Grief of his overthrow , having scarce Reigned One full Year . Donaldus III. The Thirty Third King. AFter his Death , i Donald the Islander , who before , without any Authority , had assumed the Name of King , did now manage all things as a Legitimate Prince ; being advantaged much by the fear of the Nobles , who ( left their Kinsmen , who were p●isoners with him , should be slain , which Donaldus did daily threaten to do ) durst not make any Insurrections against him . He was a very Tyrant in his Government , and Cruel to all his Subjects ; for he was not content , by an Edict , to forbid any others to bear Arms , but his own Servants and Officers too ; and also he hurried the Nobility to violent Deaths , whose Destruction he esteemed to be the establishment of his Government : Yea , He proceeded to sow Seeds of Discord amongst those who survived his Cruelty ; neither did he think any Sight more lovely , than the mutual slaughter of his Subjects . For he counted their Ruin was his Gain , and judged himself to be freed of so many Enemies as were slain , out of both Armies . Neither was he afraid of any thing more , than the union of his Subjects against him . Hereupon , he kept himself commonly within the Verge of his own Palace , and being conscious of the wrong he had done to all , as Fearful of them , and Formidable to them , he seldom went abroad . These Miseries c●ntinuing Twelve Years , at length , Crathilinthus , the Son of King Find●chus , with much ado , was found out , to revenge the publick Wrongs and Calamities : He had been bred up privately with his Foster-Father , and was thought to have been dead . But having few about him , equal to him in strength or cunning , dissembling his Name and his Lineage ; he first applyed himself to Court , and being received into near Familiarity by the King , by the dexterity of his Wit , he became his most intimate and greatest Favourite . At last , when all things succeeded according to his Desire ; he discover'd to a few of his Confidents , Who he was , and What he designed ; and gathering a small Party about him , having got a convenient opportunity , he slew Donaldus , and departed privately with his Associates . Crathilinthus , The Thirty Fourth King. WHen the Death of the Tyrant was divulged , both the Fact itself , and the Authors thereof too , were entertained with a general Acclamation ; so that Crathilinthus , upon the discovery and legal proof of his Stock , was made King , with more Unanimity and Applause , than ever any King had been before him ; in regard he had been the Author , not only of their Liberty , but of their Safety too . At the beginning of his Reign , by Publick Consent , he caused the Children and Kindred of the Tyrant to be put to death , as if he would extirpate Tyranny from the very Root . Afterwards , he made a Progress over all his Kingdom , to Administer Justice , as accustomed ; he repaired , as carefully as he could , what was damaged by Donaldus . Thus having established Peace at home and abroad , after the Custom of the Nation , he spent his time in Hunting . In order to which Exercise , being on Mount Grampius , near the Borders of the Picts , he Nobly entertained the young Gallants of the Picts that came to visit him ; yea , he was not content with that Friendship , that had been anciently betwixt them , grounded on old Acquaintance , and strengthened by a mutual Peace , but he took them also into a nearer Courtship and Familiarity . But that Familiarity had almost proved his ruin . For the Picts , having stoln a Dog of the Scotish Kings , wherein he much delighted , the Keeper , having discovered the Place where he was concealed , in going thereto , and endeavouring to bring him back , was slain : Hereupon a great Outcry was presently made , and a Multitude of both Parties were gathered together , between whom there was a sharp Combat , wherein many were slain , on both sides ; amongst whom , there were not a few of the young Nobility of both Nations ; by which means , there were sown the Seeds of a most Cruel War m betwixt them . For , from that Day forward , each Nation did vex the other with Hostile Incursions , and never gave over till they met together with full Armies : Neither could Peace be made up between them upon any Terms , though both Kings desired it . For although they were not ignorant , that it was to their Disadvantage to be at odds one another , the Romans and Brittons being their perpetual Enemies and Assailants ; yet they were so madded by , and so set upon , the Desire of Revenge , that , whilst they were eager on that account , they neglected the Publick Calamity , impending on them both ; and unless Carantius , a Roman Exile , one of mean Descent , but a good Soldier , had interposed , they had fought it out to the last Man , even till both Nations had been destroyed . This Carantius , being sent to the Sea-Coasts of Bologn● by Dioclesian , to defend Belgick Armorica from the Incursions of the Francs and Saxons , after he had taken many of the Barbarians , yet would neither restore the Prey to the Provincials , the Right Owners , nor yet send them to the Emperor ; hereupon a suspicion arose , that he purposely allowed the Barbarians to plunder , that so he might rob them at their return , and thereby enrich himself with the Spoil . For this Reason Maximianus commanded him to be slain ; but he , taking Authority upon him , seized upon Britany ; and to strengthen his Party against Bassianus , the Roman Lieutenant-General , he reconciled the Discords betwixt the Scots and Picts , and entred into a firm League and Alliance with them Both. The Romans made many Attempts against him , but , by his Skill in Military Affairs , he defeated all their Designs : After he had restored the Scots and Picts into the possession of those Lands , which they formerly held , he was slain by his Companion Allectus , after he had Reigned seven Years . Allectus , having Reigned three Years , was slain by Asclepiodotus ; and thus Britanny was restored to the Romans , in the Twelfth Year after its Revolt . But neither Asclepiodotus , nor , he who succeeded him , Constantinus Chlorus , did any memorable thing in Britain ; but that this later begat Constantin , afterwards Emperor , on Helena his Concu●bne . Amidst these Transactions , Crathilinthus died , after he had Reiigned 24 years . Fincormachus , The Thirty Fifth King. FIncormachus , his Cousin-German succeeded him , who perform'd many excellent Exploits against the Romans , by the aid of the Britains and Picts ; Yea , some Battels he fought them without any Auxiliaries at all . At length , when the Romans were weakned by their Civil Wars at home , and perpetual molestations abroad , Matters being a little quieted , the Scots were also glad to embrace Peace : Who , being thus freed from external cares , did principally endeavour to promote the Christian Religion ; they took this occasion to do it , because many of the British Christians , being afraid of the cruelty of Dioclesian , had fled to them : Amongst which sundry , eminent for Learning and Integrity of Life , made their aboad in Scotland , where they led a solitary Life , with such an universal Opinion of their Sanctity , that , when they died , their Cells were changed into Temples or Kirks . From hence , the Custom arose afterwards , amongst the Ancient Scots , to call Temples , Cells . This s●rt of Monks were called q Culdees , whose Name and Order continued , till a later sort of Monks , divided into many Sects , did expel them : Yet , these last were as far inferiour to the former , in Learning and Piety ; as they did exceed them in Wealth , in Ceremonies , and in Pomp of outward Worship , whereby they please the Eye but infatuate the Mind . Fincormachus , having settled affairs in Scotland , with great equity , and reduced his Subjects to a more civil kind of Life , departed this Life , in the 47th Year of his Reign . Romachus , The Thirty Sixth King. AFter his Death , there was a great contest about the Kingdom , between Three Cousin-Germans , begot by the Three Brothers of Crathilinthus , their Names were r Romachus , Fethelmachus , and Augusianus , or rather Romachus's Plea , was , that his Father was the Eldest of the Three Brothers of Crathilinthus , and that his Mother was descended from the Blood-Royal of the Picts ; as also , that he himself was of a stirring Disposition ; and likely to procure Friends and Allys . That which made for Augusianus , was , his Age and Experience in the World , as also his admirable Deportment ; to which was added the Favour of the People ; and that which was the principal of all , Fethelmachus , who was , before , his Competitor , now voted for him . By reason of this Sedition , the matter being like to be decided by Arms , nothing could be concluded in the First Convention of the Estates , but That being dissolved , the whole Kingdom was divided into Two Factions ; and Romachus , who was least in the favour of the People , called in the Picts Militia , for his assistance , that so he might strengthen himself by Foreign Aid . Augusianus , being informed , that Ambushes were laid for him , judged it better , once for all , to try the shock of a Battel , than to live in perpetual solicitude and fear : Whereupon , gathering his Party into a body , he fought with Romachus , but , being overcome by Him , He and Fethelmachus fled together into the Aebudae Islands . But perceiving , he could not be safe there , because , on the account of his Victory , he was formidable to the Heads of the Factions , and that he was also amongst a people , naturally venal , and corrupted by the promises of Romachus , he fled into Ireland with his Friends . s Romachus , having thus removed his Rival , and obtained the Kingdom rather by force than the good will of the People , did exercise his Power very cruelly over his Enemies ; and , to put a pretence of Law on the matter , when he went about the Country to keep Assizes , he took no Counsel of others , as was accustomed , but assumed all Capital causes to his own Arbitrement , so that he made great Execution amongst the People , and strook a general Terror into the hearts of all good Men. At length , when all were wearied with the present state of Affairs , the Nobility made a sudden combination against him ; and , before he could gather his Forces together , he was taken , in his flight to the Picts , and t put to death in the Third year of his Reign . His Head was carried up and down , fasten'd to the Top of a Pole , and afforded a joyful Spectacle to the People . Angusianus , The Thirty Seventh King. HEreupon , Angusianus was recalled , by general consent , to undertake the Kingly Government . In the beginning of his Reign , They , which were the Ministers of Cruelty and Covetousness under Romachus , being afraid to live under so good a King , stirred up Nectamus , King of the Picts , to make War upon Him , in revenge of his Kinsman . v Angusianus , being a lover of Peace , sent Embassadors to them , very often , to advise them , That both Nations would be much prejudiced by those Divisions , in regard the Brittons did but watch an Opportunity to destroy them both . But they hearkned not unto them , either out of confidence of their strength ; or , out of anger and vexation of Spirit . So that , perceiving them to be averse from Peace , he led forth his Army against them ; and , after a sharp conflict , obtained the Victory . The King of the Picts made his escape , with a few in his company ; and , after he had a little master'd his fear , being inflam'd with Rage and Fury , he obtained , but with great difficulty , of his Subjects to raise him a new Army : And when it was levied , he marched into Caledonia . Angusianus , having again propounded Terms of Peace , which not being hearkned unto , he drew his forces towards the Enemy . The Fight was maintain'd with equal obstinacy on both sides , one striving to retain their acquired Glory ; and th' other endeavouring to wipe away their received Ignominy and Disgrace . At length , the Scots , w Angusianus being slain , brake their Ranks and ran away . Neither was the Battel unbloody to the Picts ; Their King and all his Valiant Warriors being slain therein : The Loss being in a manner equal on both sides occasioned a Peace between them , for some short time . Angusianus reigned little above an Year . Fethelmachus , The Thirty Eighth King. FEthelmachus was made King , in the room of Angusianus ; when he had fearce Reigned 2 years he levied an Army , and made foul havock of the Picts Country : As soon as the Enemy could meet him , they fought , with a great slaughter on either side . For the main Battel of the Picts , they having lost both their wings , was almost all encompassed round and taken , yet they died not unrevenged . The King of the Picts , three days after , died of his wound . The Scots , making use of their Victory , having no Army at all to withstand them , made a great spoil all over the Picts Country ; For the Picts , having received so great a blow , never durst oppose them with their whole force ; only they appointed some small Partys of their Men , in sit time and place , to withstand the straggling Troops of their Enemy ; that so they might not plunder far from home . In the mean time , one Hergustus , a crafty man , having undertaken the Command of the Picts , inasmuch as he was inferior in Force he applied himself to Fraud , for he sent two Picts , who , pretending themselves to be Scots , were to kill the King. They , according to their Instructions , treated with a certain Musician , about the Murder of the King : For those sort of Creatures are wont to lodge in the Chambers of Princes and Noblemen , to relieve them whilst awake , and also to procure sleep : Which custom still continues in all the British Isles , amongst the old Scots ; so that on a Night agreed upon between them , the Picts were introduced by this Minstrel , and so slew the King as privately as they could ; yet they could not carry it so secretly , but that the Kings Attendants were awaken'd at the hearing of his Death-groans ; and so pursued the Authors of the Villany , and when they could fly no further , the Kings Officers took them ( tho' they threw Stones at them to defend themselves , from a steep Rock ) and brought them back to Execution . Eugenius , or Evenus I. The Thirty Ninth King. FEthelmachus being thus slain , in the third year of his Reign , Eugenius , or rather Evenus , the Son of Fincormachus succeeded him . About that time , * Maximus , the Roman General , being in hopes to conquer the whole Island , if he could destroy the Scots and Picts both , first of all , he pretends many favourable respects to the Picts , who were then the weaker Party ; and therefore , by consequence , more ready to treat with him . Them he filled with vain promises , That , if they would persevere in their Alliance with the Romans , besides many other innumerable advantages , they should have the Scots Land , to be divided amongst them . The z Picts were catched with this bait , being blinded by Anger , desirous of Revenge , allured by Promises , and regardless of future Events ; Hereupon , they joyned their Forces with the Romans , and spoiled the Scots Country . Their first fight with them was at Cree , a River of Galway , the Scots , being few in number , were easily overcome by a more numerous Army , and being thus put to slight , the Romans pursued them every way without any order , as being sure of the Victory . In the mean time , the Argyle Men , and some other Forces of the remote Parts , who were coming up to joyn with their vanquished Friends , fell in good order upon the scatter'd Troops of the Romans , and made a great Slaughter amongst their Enemies . Eugenius gather'd up those whom he could recal from flight , and , calling a Council of War , was advised , That seeing his forces were not sufficient to carry on the War , he should return back to Carrick . But , as Maximus was prosecuting his victory , word was brought him , That all was in a flame in the inner parts of Britain . The Scots were glad of his departure , as being eased of a great part of their Enemies : and , though they were scarce able to defend their own , yet , between Anger and Hope , they resolved , before the Summer was past , to perform some great Exploit against their adjacent Enemies ; and thereupon they poured in the remainders of their Force upon the Picts . As they marched , they slew all they met , without distinction , and made all desolate with Fire and Sword. Maximus , tho' he threatned and spake contumeliously of the Scots , yet being equally joyful at the destruction of both Nations , as soon as he found an opportunity , marched against the Scots , upon pretence to revenge the Wrongs , done by them to the Picts . The Scots , on the other side , being now to fight , not for Glory , Empire , or Booty , but for their Country , Fortune , Lives , and whatsoever else is wont to be dear to Men , drew forth all that were able to bear Arms ; not the Men only , but Women also , ( according to the Custom of the Nation ) prepare themselves for their last encounter , and pitched their Tents not far from the River Down , and near their Enemies Camp. Both Armies , being set in order of Battel , first of all , the Auxiliaries set upon the Scots , where , some fighting in hope , others incited by despair , there was a very sharp , tho' short , encounter ; The Picts and Britains were repulsed with great loss , and had been certainly wholly routed and put to flight , if seasonable relief had not come to them from the Romans . But , Maximus bringing on his Legions , the Scots being inferior in Number , in the Nature of their Arms , and in their Military Discipline , were driven back and almost quite ruined . King a Eugenius himself fell in this Fight , as not being willing to survive his Soldiers ; and the greatest part of his Nobles fell with him , as loath to forsake their King. b Maximus , having obtained this great Victory sooner than he hoped , and scarce finding any on whom he might wreck his hatred , mercifully returned to his former Clemency ; for marching over many Provinces of the Scots , he took those that yielded themselves ▪ to Mercy ; and caused them to till the Land , withal adding his Commands , That they should be contented with their Own , and not be offensive to their Neighbours . The Picts , taking this his Clemency in evil part , did allege , That the Romans and their Allys would never obtain a firm , solid , peace , as long as the Nation of the Scots , which were always unquiet , and took all opportunities to plunder , did remain alive ; adding further , That Britanny would never be secure , whilst any of the Scotish Blood remain'd in it : That they were like wild Beasts , who would be sweetned by no Offices of Love , nor would they be quiet , though they received never so many Losses ; so that there would be no end of War , till the whole Nation was extinct . Maximus replied many things , in bar to such severities , as , That 't was the ancient Custom of the Romans , if they overcame any Nation , to be so far from extirpating them , that they made many of them Denizons of their City : That though they had almost Conquered the whole World , yet never any People or Nation were wholly eradicated by Them. That he himself , having slain their King , with the flower of his Army , had so quelled them , that now they were no longer to be feared , but rather pitied by their Enemies ; he further urged , That his hatred of the Picts was as great as Theirs ; but , if they considered the matter well , it would be a joyfuller Spectacle , to behold the Miseries of them being alive , than the Graves of them being Slain ; yea , that it was a more grievous Punishment to live a dying Life , than , by once Dying , to put an end to all Miseries . This was the Sum of the Discourse which he made , not so much out of any Affection to the Scots , as out of Hatred of the Picts Cruelty . Moreover , he had an Eye to the future , as judging it extreamly hazardous to the Roman Province , if the Force of the Picts , upon the Extirpation of the Scots , should be doubled . But the Picts did so ply him with Complaints , Supplications and Guifts , that at length they obtained an Edict from him , That all the c Scots should depart out of Britain by a certain day , and he that was found there after the time limited , should be put to Death . Their Country was divided betwixt the Picts and Britains . Thus the surviving Scots , as every Mans Fortune led him , were scattered over Ireland , the Aebudae Islands , through Scandia , and the Cimbrick Chersonesus , and were in all places kindly received by the Inhabitants . But the Picts , though they made publick Profession of the Christian Religion ; yet , did not forbear to commit Injuries against Priests and Monks ; which , in that Age , were had in great esteem . So that those poor Ecclesiasticks were dispersed into all the Countries round about , and many of them came into Icolumbkill , one of the Aebudae Isles , where , being gathered together in a Monastery , they transmitted an high Opinion of their Piety , and Holiness , to Posterity . The rest of the Scots being thus afflicted by Wars , exiled from their Countries , and in despair of returning thither again ; The Inhabitants of the Hebrides , being of a fierce and unquiet Nature , idle , poor , abounding in Men , yet wanting Necessaries , thought , That they ought to attempt something of themselves , and so gathering a Navy of Birlins , and small Ships together , under a Gillo their Commander , they landed in the County of Argyle . Having made their Descent there , and dispersing themselves scatteredly , amongst a Country almost wholly destitute of Inhabitants , to fetch in Booty , they were circumvented by the Picts , who were sent to assist the Inhabitants , and placed in Garison there ; and being kept from their Ships were slain every Man. Their Navy was taken , and reserved for Service against the Islanders . And not long after , they which fled to Ireland , partly out of Remembrance of their Ancient Alliance , and partly out of Commiseration of their Fortune , did easily incite a Nation , naturally inclined to War and Plunder , to afford them Aid to recover their Country and Antient Patrimony . Ten Thousand Auxiliaries were allowed them , who , landing in that part of Scotland , which is opposite to Ireland , struck a great terrour to the People over all the Country . Being encouraged by their first happy Success , when they were consulting how to carry on the War , the Albian Scots , well knowing the strength of the Romans , and how much they exceeded other Nations , in their skill about Military Affairs , persuaded them to be contented with their present Victory , and to return home with their Booty , not staying till the whole force of Britain was gathered together , to assault them . And seeing , that the Forces of all Ireland , if they had been there , could not withstand the Roman Army , which , by its Conduct and Valour , had almost subdued the whole World ; therefore , they were to deal with them , not by open Force , but by Subtilty . That they were to watch opportunities , and seeing they could not match their Enemies in Number , Force , or Warlike Skill , that therefore they should weary them out with Toil and Labour . And that This was the only Method for the managing the War with them . The Irish-Scots on the other side , did blame those of Albium , whose former Valour was now so Languid , That though they were the Off-Spring of those , who had almost overthrown whole Armies of the Romans , yet , that they could not now look them in the Face ; Yea , there were some of the Albine-Scots themselves of the same Opinion , alleging , That this Method of War , propounded by their Country-Men , was very vain and frivolous , serving only to vex the Enemy , but not to recover their own Country ; and that therefore they ought to follow their good Fortune , and not to think of returning , till she made way for them . And , if they would act thus , then , no doubt , but God ( who had blessed them with such prosperous beginnings ) would , by their Arms , lessen the power of the Enemie , either by raising up new Tumults amongst the Britains , or , by calling off the Roman Legions to a War nearer home . That the Occasion , now offered , was not to be neglected , lest hereafter it might be sought for in Vain : This Opinion prevailed , and so they joyfully returned to their Prey . Thus , whilst in hopes , to recover what they had lost , they indulged their own Will , rather rashly than prudently , being immediately overpowred by greater Forces , they lost the best part of their Men. This Slaughter being made known in Ireland , cut off all hopes of return from the Scots , and made the Irish fear , lest they also should not retain their Liberty , long ; so that , after many Consultations , they could find no way more adviseable , than , that the Irish Scots should send Ambassadors into Britain , to make b Peace with the b Romans , upon the best Conditions they could procure . Upon their arrival , Maximus , first of all did severely rebuke them , in that , without any Provocation , they had causelesly excited the Roman Arms against them . The Ambassadors , in excuse , laid the blame on the rude Rabble , and so they obtained Pardon . The Peace was made on these Conditions , That the Hibernians , after that day , should never entertain , or shelter , any Enemies of the Romans ; That they should forbear to offer any Injury to their Allies ; and That they should manage their Government , with a friendly Respect to the Romans . The Hibernians , having thus obtained better Terms than they expected , returned joyfully home . That which inclined Maximus to make this easie Pacification , was , not his fear of the Hibernians , ( for he did not much value all the disturbance , they could give him ) but because , his Mind , being intent upon hopes of greater matters , he was willing to leave all Britain , not only quiet and free from War , but also affectionate and under an obligation to him . For , when he perceived , after the Defeat and Slaughter of so many of their Armies , that the Forces of the Roman Empire were shattered and weakned by their Civil Wars ; and that the Emperors were not made by the Senate and People , but by Military Election and Favour ; considering also , That he had conquered Britain , ( which none ever did , before him ) and thereby had got great Fame by his Military Exploits , and had an Army ( for the number of it ) strong enough ; in this posture of Affairs , he determined , if Fortune offred him an Opportunity to seize on the Empire , not to be wanting thereunto . Being prompted by this hope , he treated his Souldiers with great Affability , and bestowed on them many Largesses ; he took advice in all his important Affairs , of the Noblest of the Britains , he recruited his Army with Picts Soldiers , and committed several Garisons , in divers places , to be kept by them . The Lands of the Scots he divided betwixt Them , and the Britains . To the Picts he left their ancient Possessions , free ; only he exacted a small Tribute from the utmost Angle of the Scotish Kingdom , which he had given to them as a Testimony , ( for so he gave it out himself , ) that all Britain was partly overcome , and partly setled on Conditions of Peace , by him . And by these Artifices , he strangely won the Affections of the common Soldiers : So that all things being in readiness , according to his conceived hope , he assumed the Diadem , as if he had been compelled so to do , by his Soldiers . After him , Constantine was chosen General by the Britains , being recommended only upon the accompt of his Name , for otherwise , he was but a common Soldier at first ; he being also slain , Gratian a Person descended of British Blood , ruled over the Island . But Maximus being slain in Italy , and Gratian in Britain , d Victorinus was sent from Rome to rule Brittain , as a Governor . He pretending to inlarge the Empire , during his Administration , commanded the e Picts , who were reduced into the form of a Province , to use the Roman Laws , denouncing a great Penalty on those , who should dare to do otherwise : And whereas , Hergustus their King died whilst these things were in Agitation ; he forbad them to choose another King , or set up any other Magistrate , but what was sent them from Rome , Thus the Picts looked upon as a mere Slavery . Whereupon , they begun , tho' too late , and to no purpose , to resent him , and complain they had been basely and unworthily betrayed by a Nation , allied to them , and in amity with them ; and though sometimes they were Tumultuous , yet they were partakers with them of all Hazards , against a Foreign Enemy : So that now they suffered according to their Demerits , who had deprived themselves not only of all Aid , but of all Mercy and Pity also . f For now who would be sorry for their Calamity , who called to Mind , into what Miseries and Necessities , they had reduced their ancient Friends . And that the Oracle was applicable here , which foretold , That the Picts in time should be extirpated by the Scots . So that n●w , they were punished for betraying the Scots : Yea , their own Punishment was the greater of the Two , in regard Banishment is more tolerable than Servitude . For Banished Men are free , let their Fortune be what it will ; but they Themselves were encountred with the bitterest of all Evils , which were so much the more intolerable , because they fell into them by their own demerit . Whereupon , That they might have One , to whom to resort in order to a publick Consultation , for the remedying of these Calamities , they create Durstus , the Son of Hergustus , King. The Nobles being Assembled about him , to provide Remedy for their Miseries ; their Complaints did express the Severity of their Bondage . They alleged , That they were now not in an imaginary , but real , Slavery : That they were shut up within the Walls of Severus , as wild Beasts , severed from all human Commerce ; and that all their Soldiery , under the splendid Name of War , were indeed drawn out for the Shambles . That , besides the hatred of their Neighbour Nations , they were bitterly reproached by the Monks too , who cryed out , That God did justly despise and reject their Prayers , who had so cruelly persecuted his Ministers , though they were their Brethren , and of the same Religion with themselves , in that they would not suffer them , by whom God might been appeased or exorated , to live in the same Country with them : These Things did grievously pinch their Consciences ; so that , Adversity infusing some sparks of Religion into their Minds , and also some ease from their Miseries being obtained , they , at last , pitched upon This , as the only Way to recover their Liberty . That after they had reconciled themselves to the Scots , they would also endeavour to appease the Wrath of God , who was an Enemy to them for their Perfidiousness . Whereupon , understanding that young g Fergusius , of the Blood Royal , was an Exile in Scandia ; they thought , if he were recalled , that the rest also might be induced , by his Authority , to return . To effect which , they sent an Embassy to him , but secretly , for fear of the Romans , to found his Inclination , as to the Return into his own Country . The Fifth BOOK . AFter Eugenius was slain by the Romans , as hath been related before , and all the Scots banished from their Country , the King's Brother named Echadius , or Ethodius , for fear of the Treachery of the Picts , and also diffident of his own Affairs , hired Shipping , and committed himself to the Winds , and to Fortune ; and so Sailed into Scandia , together with his Son Erthus , and his Nephew Fergusius . As soon as he arrived there , and came to Court , the King of the Country , being informed Who he was , from whence he came , and what adverse Fortune he had met withal ; his Language , and also his Habit and Beauty soon procuring Credit to his Allegation , he was admitted into near Familiarity with him . Fergusius lived there till he grew up to be a Man , ( his Father and Grandfather being dead ) he addicted himself wholly to Military Studies ; at which time many Expeditions were made by the United Forces of the North , against the Roman Empire . Some of the Forces fell upon Hungary , some upon Gallia ; and Fergusius , both out of his love to Arms , and his hatred to the Romans , followed the Francs , in their War against the Gauls : But that Expedition proved not very prosperous , so that he returned into Scandia with greater Glory , than Success : And when his Name began to be famous , not only there , but also amongst the Neighbor-Nations , his Fame also reaching to the Scots and Picts , both gave the former hope to recover their own Country again , and also the later to obtain their ancient Liberty ; if , laying aside their old Grudges , they should chuse him General , and try their Fortune against the Romans . And indeed , at that time , the Affairs of the Romans were brought to so low an Ebb , by reason of the Successes of the Neighboring-Nations against them , that the Opportunity it self was Bait enough to excite old Enemies , to revenge the former Injuries , they had received from them . For , their Emperors , besides their being weakned by Civil Wars , were so vexed on every side by the Gauls , Vandals , Franks and Africans , who did severally make In-rodes upon them , each from his own Coast , that , omitting the care of Foreign Affairs , they called back their Armies into Italy , to defend Rome it self , the Seat of their Empire . In the midst of these Commotions , they , who commanded the British Legions , esteeming the Roman Affairs as desperate , did each study their own Advantages , and severally to establish their distinct Tyrannies . Neither were they content to vex the Islanders with all kind of Cruelty and Avarice , but they also harassed one another by Mutual Incursions . So , the Number of the Legionary Soldiers did daily decrease , and the hatred of the Provincials against them did increase . So that , all Britanny would have rebelled against them , if they had had Forces , answerable to their Desires : But above all their Miseries , That was most prejudicial to the Britains , which the Emperor Constantine , the last General of the Roman Army , caused them to endure ; For , when he was made Emperor , he withdrew , not only the Roman Army , but even the British Soldiers too ; and so left the whole Island disarmed , and exposed to all Violence , if they had had any Foreign Enemy to invade them . This was the chief occasion , which did mightily hasten the combination of the Scots . When Affairs stood in this posture , secret Messengers were sent betwixt the h Scots and the Picts ; and a Peace struck up between them . Whereupon , they Both sent Ambassadors to call home Fergusius , to undertake the Kingly Government , as , descending to him from his Ancestors . Fergusius , being a Military Man , desirous of Honour , and , besides , not so well pleased with his present Estate , but encouraged with hopes of a better , easily accepted the Terms . When his return was noised abroad , many of the Exiled Scots , yea , several of the Danes also , his acquaintance , and fellow-Soldiers , being encouraged by the same hopes , accompanied him also home : They all landed in Argyle . Thither all those Exiles , which were in Ireland , and the Circumjacent Islands , having notice given them before of his coming , resorted speedily to him ; and they also drew along with them , a considerable number of their Clans and Relations , and also several young Soldiers , who were desirous of Innovation . Fergusius II. The Fortieth King. FErgusius , having got these Forces together , was Created the 40 th King of Scotland , being Inaugurated according to the manner of the Country . The * Black Book of Pasley casts his return on the 6th Year of Honorius and Arcadius , Emperours ; Others , upon the 8th of their Reign , that is , according to the account of Marianus Scotus , 403 , according to Funccius , 404 Years , after the Incarnation of Christ ; and about 27 Years after the death of his Grand-Father Eugenius . They who contend , out of Bede , That this was the First coming of the Scots into Britain , may be convinced of a manifest untruth , by his very History . When the Assembly of the Estates was Dissolved , Fergusius being born and bred to Feats of War and Arms , judging it convenient to make use of the Favourableness of Fortune , and the Forwardness of his Men ; and withal , designing to prevent the Report of his coming , demolished all the Neighbor-Garisons ; having not Soldiers enough to keep them ; and having recovered his own Kingdom , as soon as the season of the Year would permit , he prepared for an * Expedition against his Enemy . In the mean time , the Brittons were divided into Two Factions , some of them desirous of Liberty , and weary of a Foreign Yoke , were glad of their Arrival ; others preferred their present Ease , thô attended with so many and great Inconveniencies , before an uncertain Liberty , and a certain War. And therefore , out of fear of the Danger hanging over their heads , and withal , being Conscious of their own Weakness , they agreed upon a double Embassy , one to the Picts , another to the Romans : That to the Picts , was , to advise them , not to desert their old Allies the Romans and Brittons , nor to take part with their ancient Enemies , who were a company of poor , hopeless , and despicable Creatures . They farther gave them grave Admonitions , and made them many promises , and added many Threats from the Romans , whom ( said they ) they could never equal in Number , or overcome , though the whole strength of both Nations did jointly make Head against them , much less could they no● Cope with them , seeing one of them was exhausted by Draughts and Detachements of Souldi●rs ; and the other worn out with all manner of Miseries ▪ * The Minutes of their Instructions to their Ambassadors , sent to the Romans , were these , That they should send Aid to them in time , whilst there was any thing left to defend , against the rage of a Cruel Enemy ; which , if they would do , then Britain would still remain firm under their Obedience ; if not , it were better for them to leave their Country , than to endure a Servitude , worse than Death , under Savage Nations . Hereupon the Romans , though pressed upon by War on every side , yet sent one Legion out of Gaul , to defend their Province , giving them Command to return , assoon as they had settled matters in Britanny . The Brittons having received such Aid , did suddainly * assault the plundring Troops of their Enemies , who were careles●ly struggling up and down , and repelled them with great Slaughter . The Confederate Kings , having an Army well-appointed , came to the Wall of Severus , and meeting their Enemies by the River Carron , a bloody Battel was fought between them . Great Slaughter was made on both sides , but the Victory fell to the Romans , who , being in a little time to return into Gallia , were content only to have driven back their Enemies , and to repair the Wall of Severus , which in many places was demolished ; which , when they had done , and had Garisoned it with Brittons , they departed . The Confederate Kings , though they were Superior to their Enemies , in swift Marchings , and enduring of Hardships ; yet , being inferiour in Number and Force , resolved not to Fight pitched Battels any more , but rather to weary their Enemies , by frequent Inrodes , and not to put all at a venture in one Fight , seeing they were not , as yet , of Force sufficient so to do . But when they heard , That the Romans were returned out of Britain , they altered their Resolutions , and gathering all their Forces together , they demolished the Wall of Severus , which was slightly repaired , only by the Hands of Souldiers , and but negligently guarded neither , by the Brittons . So that by this means , having a larger Scope to Forage in , they made the Country beyond the Wall , ( which they were not able to keep , for want of Men ) useless to the Brittons , for many Miles : It is reported , that one Graham was the principal Man in demolishing that Fortification ; who , transporting his Soldiers in Ships , landed beyond the Wall , and slew the Guards unawares , and unprovided ; and so made a passage for his Men. 'T is not certain amongst Writers , Whether this Graham were a Scot , or a Britton ; but most think , That he was a Britton , descended of the Fulgentian Sept , a Prime and Noble Family in that Nation ; as also , That he was the Father in Law of King Fergusius : I am most inclined to be of this last Opinion . The Wall then being thus Razed , the Scots and Picts did Rage , with most inhuman Cruelties , over the Brittons , without distinction of Age or Sex : For ( as Matters then stood ) the Brittons were weak and unaccustomed to War , so that they sent a lamentable Embassy to Rome , complaining of the unspeakable Calamities they endured , and with great humility and earnestness , supplicating for Aid , farther alleging , That if they were not moved at the Destruction of the Brittons , and the loss of a Province , ( lately , so splendid an one , ) yet , it became the Romans to maintain their own Dignity , lest their Names should grow contemptible amongst those Barbarous Nations . Hereupon , * another Legion was again sent for their Relief , who coming ( as Bede says ) in Autumn , an unexpected Season of the Year , made great Slaughter of their Enemies . The Confederate Kings gathered what Force they could together , to beat them back ; and , being encouraged by their Success in former Times , and also by the Friendship and Alliance of * Dionethus , a Britton , they drew forth towards the Enemy . This Dionethus was well descended in his own Country , but always an Adviser of his Countrymen to shake off the Roman Yoke ; and then especially , when so fair an Opportunity was offered , and the whole Strength of the Empire was engaged in other Wars , whereupon he was suspected by his own Men as an Affector of Novelty , and was hated of the Romans , but was a Friend to the Scots , and Picts ; who , understanding , That the Design of the Romans , was , first to destroy Dionethus , as an Enemy near at hand , and in their very Bowels , to obviate their purpose , made great Marches towards them ; and joyning their Forces with Those of Dionethus's , began a a sharp Encounter with the Romans , who , over-powered by Numbers , both in Front and Reer , were put to Flight . When the Ranks of the Legionary Soldiers were thus broken , and gave Ground , the Confederate King being too eager in pursuit , fell amongst the Reserves of the Romans , and the rest of their Army , who stood in good Order , and were repulsed by them with * great Slaughter : So that if the Romans , being conscious of the smalness of their Number , had not forbore any farther pursuit , they had doubtless received a mighty Overthrow that Day ; but because the loss of some Soldiers in but a small Army was most sensible , therefore they were less joyous at the Victory . Maximianus ( so our Writers call him , who commanded the Roman Legion ) being dismayed at this Check , retired into the midst of his Province ; And the Opposite Kings returned each to his own Dominion . Hereupon , Dionethus took the Supreme Authority upon him , and , being clothed in Purple after the manner of the Romans , carries himself as King of the Brittons . When the Romans understood , that their Enemies were dispersed , they gathered what Force they could together , and encreased them with British Auxiliaries , and so marched against Dionethus , who infested the Provinces adjoyning to him ; for they thought to subdue him , from whom their Danger was nearest , before his Allies could come to his relief : But the Three Kings united their Forces sooner than he imagined , and joyning all their Forces together , they encouraged their Soldiers as well as they could , and , without delay , drew forth their Armies to the Onset . The Roman General placed the Brittons in the Front , and the Romans in the Reserves : The Fight was fierce , and the Front giving Ground , Maximianus brought on his Legion , and stopt the Brittons in their flight ; and then , sending about some Troops to fall on the Rear , some Brigades of Scots , being incompassed by them , drew themselves into a Ring , where they bravely defended themselves , till the greatest part of their Enemies Army falling upon them , they were every Man slain : Yet their loss gave Opportunity to the rest to escape . There fell in that Fight Fergus King of the Scots , and Durstus King of the Picts , Dionethus , being wounded , was , with great difficulty , carried off to the Sea , and in a Skiff returned home . This Victory struck such a Terrour to all , that it recalled the memory of Ancient Times , in so much that many consulted , whither to betake themselves for their Place of Exile . Fergusius died , when he had Reigned Sixteen Years , a Man of an Heroick Spirit , and who may deservedly be called , The Second Founder of the Scotish Kingdom ; yea , ( perhaps ) he may be said to exceed the former * Fergusius , in this , That he came into a void Country , and that by the Concession of the Picts , neither had he the unconquered Forces of the Romans to deal with , but with the Brittons , who , though somewhat ( yet not much ) Superiour to them in Accoutrements and Provisions for War , were yet their Inferiours in enduring the Hardships of the Field . But this later Fergusius , when almost all were slain , who were able to bear Arms , being also brought up in a Foreign Country ; and after the 27th Year of his Banishment from his Own , being sent for as an unknown King , by those Subjects who were as unknown to him , marched with a mixed Army , packed up of several Nations , against the Brittons , who were sometimes also assisted by the Forces of the Romans ; so that , if God had not manifestly favoured his Designs , he might seem to have undertaken a very Temerarious Attempt , and bordering upon Madness it self . When he was slain , he left three Sons behind him , very young , Eugenius , Dongardus , and Constantius ; Graham , their Uncle by the Mother's side , was by Universal Consent , appointed Guardian over them , and in the mean time , till they came to be of Age , he was to manage the Government , as Regent . He was a Person of that Virtuous Temper , that , even in the most Turbulent Times , and amidst a most fierce Nation , who were not always obedient , no not to Kings of their own Nation , yet , there hapned no Home-bred Sedition in his time , though he himself were a Foreigner . Eugenius , or Evenus II , The Forty First King. EVgenius , or Evenus the Eldest Son of Fergusias , had the Name of King , but the Power was in the Hands of Graham ; he caused a Muster to be made of the Soldiers , all over the Land , and when he found that his Militia was weakned by former Fights , beyond what he thought , he saw that nothing then was to be done , and so ceased from making any Levies . But the Roman Legion having releived their Allies , and , as they were Commanded , being about to return into the Continent , spoiled all their Enemies Country , within the Wall of Severus , and slew the Inhabitants ; 't is true , they restored the Lands to the Brittons , but they kept the Prey for themselves . So that the Remainders of the Scots and Picts , who supervived their late loss , were again shut up between the two Firth● of the Sea. Matters being reduced to this pass , the * Romans declared to the Brittons , with how great and strong Armies they were beset , who had conspired to destroy the Roman Name and Empire ; so that they were not able to take so much pains , nor to be at so great expence to maintain places so far off ; and therefore , they advised the Brittons , not to expect any more Aid from them , for the future . But they advised rather , that they themselves should take Arms , and inure themselves to undergo Military Pains and Hazards ; and , if they had offended before , through Slothfulness , that now by Industry and Hardiness , they would make an amends , and not permit themselves to grow so contemptible to their Enemies , ( to whom they were Superior in Number and Forces ) as to suffer them to drive away yearly Booties from their Country , as if they had gone forth only as Hunters for their Prey . And the Romans themselves , that they might do them good for future times , did undertake a great and memorable * Work for them . For they gathered together an huge Company of Workmen out of their whole Province , ( the Romans and Brittons , both vying , who should be forwardest ) and where the Trench or Graft was drawn by Severus , Thirty Mile long , there they built a Wall of Stone , Eight Foot broad , and Twelve high , they distinguished it by Castles , some of which represented small Towns. It was finished and bounded on the West , by a place now called Kirk Patrick , and on the East , it began from the Monastery of Aberkernick , as Bede affirms ; in which Country , about One Hundred and Twenty years since , there was a strong Castle of the Douglasses called Abercorn , but no sign of any Monastery at all . Moreover , left their Enemies should make a descent by Ships into Places beyond the Wall , ( as , in their Memory , they had formerly done ) they set up many Beacons or Watch Towers on the higher Grounds along the shore , from whence there was a large prospect into the Sea : And , where it was convenient , they appointed Garisons , but consisting of such Cowardly and Effeminate Fellows , that they could not endure so much as to see the Face of an Armed Enemy . The Roman Legion did this Beneficial and Obliging Work for their Provincials , before their departure . Withal , vehemently exhorting them to defend their own Country , with their own Arms ; for they must never more hope for Assistance from the Romans , whose Affairs were now brought to that Exigence , that they could help their Allies , especially so far remote , no more . When the a Scots and Picts understood for certain , by their Spies , that the Romans were departed , and would return no more ; they assaulted the Wall , with all their might , and much more eagerly than before , and did not only cast down their Opposers , by hurling Darts at them , but also drew them off the Wall with Cramp-Irons , as Bede calls them ; which were , as I understand , Crooked Iron Instruments , of Hooks , fastened on the tops of long Poles ; so that the upper Fortification being thus made destitute of its Defenders , they applied their Engines , and overthrew the Foundation also ; and thus an entrance and passage being made , they enforced their affrightned Enemies to leave their Habitations and Dwellings , and to fly away for safety , wherever they could find it . For the Scots and Picts were so eagerly bent on Revenge , that all their former Calamities seemed tolerable to their Enemies , in respect of Those they were now forced to endure . Afterwards , the Assailants , rather wearied than satisfied with the Miseries of their Enemies , returned home , and began , at last , to bethink themselves , That they had not so much taken away the Goods of their Enemies , as withal , they had despoiled themselves of the Rewards of their Victory . And therefore convening an Assembly of the Estates ; it was disputed amongst them , How so great a Victory might be improved ; and their first Result was , to replenish those Lands , which they had taken from the Enemy , with new Colonies , for the Procreation of a new Progeny . This Counsel seemed the more wholesome and adviseable , because of the abundance of Valiant , but Indigent , Officers and Soldiers , who had not room enough to live in their ancient Habitations . This turn of Prosperity , being signified to the Neighbouring Nations , encouraged not only the Scotish Exiles , but a great company of Strangers too , who lived but poorly at home , to flock in , as to a Prey ; for they supposed , that a Man of that Spirit and Conduct , as Graham was , would never lay down Arms , till he had brought the whole Island of Britain under his Subjection ; but herein they were mistaken ; for he , having run so many hazards , was more inclineable to Peace , with Honour and Glory , than to hazard his present certain Felicity , by casting himself into an uncertain Danger . And therefore he made b Peace with the Brittons , who were not only willing to , but also very earnestly desirous of , the same . The Terms were , That each People should be contented with their own Bounds , and abstain from Wrong and Violence , towards one another ; the Mound to both was Adrian's Wall. After this Peace was made , Graham divided the Lands , not only to the Scots , but to those outlandish Men also , who had followed his Ensigns . By this means , almost all the Provinces were called by new Names , because many of them were Peopled with strange and new Inhabitants , and the rest , for the most part , were born in exile . Galway , a County next to Ireland , falling by Lot to the Hibernians , is thought to have got its Name , so Famed in their own Country , from Them. Caithness was so called , because it was Mountainous ; Ross , because it was a Peninsula ; Buchan , because it paid great Tribute out of Oxen. Strath-Bogy , Narn , Strathnavern , Loch-Sp●y , Strath-Earn , and Monteath , took their respective Names from several Rivers of the same Appellation . Loch-Abyr was so called from a Lough , or rather , Bay of the Sea. Many of the Provinces situate on this side the Forth , as Lennox , Clydsdale , Twedale , Tevidale , Liddisdale , Eskdale , Eusdale , Nithisdal , Annandale , and Dowglas-dal , had their Sirnames from Rivers : Many Places retained their ancient Names ; and some had theirs only a little changed . Afterwards , to the end , that he might , by just Laws , bridle the Licentiousness , which was grown to such a height , by the long continuance of Wars ; He first called home the Monks and Teachers of the Christian Religion , from their Exile ; and , lest they might be burdensom to an indigent People , * he ordained , That they should have an yearly Income , out of the Fruits of the Earth ; which , thô it was small , ( as those times were ) yet , by reason of the Modesty and Temperance of the Men , it seemed great enough for them . He placed Garisons in the most convenient Passages , against the sudden Incursions of the Enemie ; He repaired Places , that were demolished , and erected new . The Fury of War being thus extinguished , * thrô the whole Island , thô the Brittons , being saved , as it were , out of a dangerous Tempest , did enjoy the Sweets of Publick Peace ; yet , it was doubtful , whether the War or the Peace did them most mischief . For when their Cities were razed , their Villages burnt , their Cattel driven away , and all their Instruments of Husbandry lost ; they , who survived this Cruelty of their Enemies , were enforced to maintain their needy Lives by Hunting , or else to turn their course of Plunder from their Enemies , upon their own Countrymen : So that an Intestine War was almost like to ensue , upon an External Peace . Neither were they only the perpetual Enemies of Foreiners ; For , thô they abstained from open Wars , yet ever and anon they spoiled the Countries , contiguous to them : Also , a Party of the Hibernians , being encouraged by hope of Booty , did vex the poor People , who were already miserably enough distressed , with their Marine Invasions . Their last Calamity , and the worst of all , was * Famine , which did so cow the Hearts of that Warlike People , that many of them voluntarily surrendred up themselves into their Enemies Hands . At last , those few of them that remained , lurking in Caves and Dens , were necessitated to peep abroad , and so to scatter the wandring Troops of those Plunderers ; they also drove the Irish back to Sea , and forced them to depart from Albium . That Mischief was no sooner removed , but a Calamity c nearer hand , began to press upon them . The Scots and Picts , their perpetual Enemies , were not contented to drive Preys from them by stealth , but watched an opportunity to attempt higher Matters . For Eugenius , the Son of Fergus , who , till that time , had lain still , under the Tutorage of another ; his Strength being increased by a long Peace , and much augmented by a young Fry of Soldiers flocking in to him , desired to shew himself ; and besides the weakness of the Brittons , there happened likewise a private Cause of War : Graham , being his Grandfather by the Mothers-side , and nobly descended ( as I spake before ) in his own Country , was yet of that Faction , which were desirous to free themselves from the bondage of the Romans . For which Cause , he was banished by the contrary Faction , who were then more powerful , and so he fled to the Scots , his old Allies , between whom many Civilities had formerly passed . After his Death , Eugenius , by his Ambassadors , demanded a Restitution of those fruitful Lands , which were his Ancestors , situate within the Wall of Adrian ; intimating plainly to them , That unless they did restore them , he would make War upon them , When the Ambassadors had declared their Message in an Assembly of the Brittons , there were such Heats amongst them , that they came almost to blows . They that were the fiercest of them , cryed out , That the Scots did not seek for Lands so much , ( of which they had enough ) as for War ; and That they did not only insult over their new Calamities , but also were resolved to try their Patience ; if the Lands were denied , then a War would presently follow ; if they were restored , then a cruel Enemy was to be received into their own Bowels ; and yet , they should not have Peace even Then , unless they imagined , That their Covetousness would be satisfied with the Concession of a few Lands , who were not contented with large Provinces , which were parted with in the last War. And that therefore it was good to obviate their immoderate and unsatiable Desires , in the very beginning , and to repress their Licentiousness d by Arms , lest , by the Grant of small things , their Desires might be enlarged , and their Boldness encreased to ask more . There was in that Assembly one Conanus , a British Nobleman , and eminent amongst his Countrymen , on the account of his Prudence , who discoursed many things gravely , concerning the Cruelty of their Enemies , and of the present State of the Brittons , and that all their Soldiers were almost drawn out for Foreign Service ; adding withal , That War abroad , Seditions at home , and Famine , proceeding from Poverty or Want , would consume , or else weaken , the miserable Remainders of his Countrymen : As for the Roman Legions , they were gone home to quell their own Civil Wars , without any hopes of Return ; and therefore , he gave his Advice , That they should make Peace with their formidable Enemies , if not an advantagious one , yet the best they could procure . This Counsel ( he gave , as he alleged ) not out of any Respect to his private Interest , but merely for the necessities of the Publick , which appears , ( said he ) by this , That as long as there was any probability to defend ourselves against the Cruelty of our Enemies , he never made any mention of Peace at all ; he added , That he was not ignorant , that this Peace , which he now persuaded to , would not be a lasting one , but only prove a small Respite from War , till the force of the Brittons , weakned by so many losses , and almost ruined , might be refreshed , and gather strength by a little intermission ; Whilst he was thus speaking , a Noise arose in the whole Assembly , which made him afraid : For the Seditious cryed out ▪ That he did not respect the publick Good , but only ende●voured to obtain the Kingdom for himself , by means of Foreign Aid . Whereupon , he , departing from the Council , called God to witness , That he had no private end of his own , in persuading Peace , but , a Tumult arising amongst the Multitude , he was there f slain ▪ His Loss caused the wiser sort to refrain giving their Votes freely , thô they evidently saw , that the Destruction of their Country was at hand . The Ambassadors , returning home without their Errand , The Scots and Picts left off all other Business , and prepared wholly for War ; The Brittons foreseeing the same , after their fit of Passion was somewhat over , send Ambassadors to Scotland , who , upon pretence of making Peace , were to put some stop to the War , and to offer them Money ; giving the Scots hopes , That they might get more from them , by way of an amicable Treaty , than they pretended to seek for by War ; That the Chances of War were doubtful , and the issue uncertain ; That it was not the part of Wise Men , to neglect the benefit which was in their view , and , upon uncertain hopes , to cast themselves upon most certain and assured Dangers . Nothing was obtained by this Ambassy , for Eugenius was informed by his Spies , That the Brittons did but dissemble the obtaining of a Peace abroad , whilst they were intent upon high Warlike Preparations at home ; so that , for that reason , the Scots and Picts being inflamed with their old hatred , and invited by the Calamities of the Brittons ; or else , lifted up with Success , would give them no Conditions , but to yield up All ; so that , both Armies prepared for the last Encounter . The Confederate Kings , having been Conquerors for some years , were now erected to the hope of a greater Victory ; and the Brittons , on the other side , set before their Eyes all the Miseries , that a fierce and conquering Enemy could inflict upon them : In this posture of Affairs , and temper of Spirit , when both Parties came in sight of one another , such a g sharp Fight commenced between them , as the Inhabitants of Britanny had never seen before , it was so obstinately maintained , that , after very long , and hot , Service , the Right Wing of the Scots , was , thô with difficulty , enforced to give ground ; which Eugenius perceiving , having before brought all his other Reserves into Service , he drew on also the Squadrons , left to guard the Baggage , into the Fight ; They , being intire , routed the Brittons , which stood against them , so that the Victory began on that side , whence the fear of a Total overthrow did proceed . The rest of the Brittons , following the Fortune of the other Brigade , ran away too , and flying into the Woods and Marishes near to the place where the Battel was fought , as they were thus straggling , dispersed , and unarmed , their Enemies Baggage-men , and Attendants , slew abundance of them . There fell of the h Brittons in this Fight 14000 , of their Enemies 4000. After this Fight , the Brittons , having lost almost all their Infantry , send Ambassadors to the Scots and Picts , Commissioning them to refuse no Conditions of Peace , whatsoever : The Confederate Kings , seeing they had All in their Power , were somewhat inclined to Mercy , and therefore Terms of Peace were offered , which were hard indeed , but not the severest , which ( in such their afflicted State ) they might have propounded ; The Conditions i were , That the Brittons should not send for any Roman , or other Forein , Army , to assist them ; That they should not admit them , if they came of their own accord ; nor give them Liberty to march thr● their Country ; That the Enemies of the Scots and Picts should be Theirs also , & vice versâ ; and , That , without their Permission , they should not make Peace or War , nor send Aid to any , who desired it ; That the Limits of their Kingdom should be the River Humber ; That they should also make present Payment of a certain sum of Money by way of M●l●t , to be divided amongst the Soldiers , which also was to be paid yearly by them ; That they should give an hundred Hostages , such as the Confederate Kings should approve of . These Conditions were entertained by the Brittons , grudingly by some , but necessarily by all ; and the same necessity which procured it , made them keep the Peace for some years : The Brittons , being left weak and forsaken of Foreigners , that they might have an Head to resort to , for publick Advice , made k Constantine , their Countryman , a Nobleman , of high descent , and of great repute , ( whom they had sent for out of Gallick Britanny , ) King. He , perceiving that the Forces of the Brittons were broken , both abroad by Wars , and at home by Fewds , Robberies , and Discords , thought fit to attempt nothing by Arms ; but , during the Ten years he reigned , he maintained Peace with his Neighbours ; at last , he was Slain by the Treachery of Vortigern , a Potent and Ambitious man ; He left Three Sons behind him , of which Two were under Age ; the Third and Eldest , as unfit for Government , was thrust into a Monastery ; yet he was made King , principally by the Assistance of Vortigern , who sought to obtain Wealth and Power to himself , under the Envy of another mans Name . The Fields , which were now tilled in time of Peace , after a most grievous Famine , yielded such a plentiful Crop of Grain , that the like was never heard of in Britain , before . And from hence those Vices did arise , which usually accompany Peace , as * Luxury , Cruelty , Whoredom , Drunkenness , which are more pernicious than all the Mischiefs of War. There was no Truth or Sincerity to be found , and that not only amongst the Vulgar , but even the Monks , and the Professors of an Holier Life , made a mock at Equity , Faithfulness , and constant Piety of Life ; of which Bede , the Anglo-Saxon ; and Gildas , the Britton , do make an heavy Complaint . In the mean time , the Ambassadors , who returned from Aetius , brought word , That no relief could be expected from him , for the Brittons had sent Letters to Aetius , some Clauses whereof , as they are mentioned by Bede , I shall here recite ; both because they are a succinct History of the Miseries of that Nation ; and also , because they demonstrate , How much many Writers are mistaken , in their Memoirs . The Words are these , To Aetius , the third time Consul , the Complaints of the Brittons . And a little after ; The Barbarians drive us to the Sea , the Sea beats us back again upon the Barbarians ; between These two kinds of Deaths , we are either Killed or Drowned . Now Aetius was joyned , in his Third Consulship , with Symmachus , in the 450th year after Christ. Neither could there any Aid be obtained from him , who was then principally intent upon the observing the Motions of Attila : The rest of the Brittons being driven to this desperate point , only l Vortigern was glad of the publick Calamity ; and , in such a general hurly-burly , he thought , he might , with greater Impunity , perpetrate that Wickedness , which he had long before designed in his mind ; which was , to cause the King to be Slain , by those Guards , which he had appointed about him , and afterwards , to avert the suspition of so foul a Parricide from himself , in a pretended Fit of Anger , as if he were impatient of delay in Executing Revenge , he caused the Guards also to be put to death , without suffering them to plead for themselves . Thus having obtained the Kingdom by the highest degree of Villany , he managed it with as little Sanctity . For , suspecting the Faithfulness of the People towards him , and not confiding in his own strength , which was but small , he engaged the Saxons to take his part , who then exercised Pyracy at Sea , and infested all the shores far and near . He procured their Captain m Hengist , with a strong Band of Soldiers , to come to him with three Galleys , and he assigned Lands to him in Britain ; so that now he was to fight , not as for a strange Country , but as for his own Demeasne and Estate , and therefore was likely to do it with greater Alacrity . When this was noised abroad , such large Numbers of Three Nations , the Iutes , the Saxons , and the Angles are reported to have flocked out of Germany into Britain , that they became formidable even to the Inhabitants of the Isle . First of all , about the year of our Lord 449. Vortigern , being strengthned by those Auxiliaries , joyned Battel with the Scots and Picts , whom he Conquered , and drove beyond the Wall of Adrian . As touching * Eugenius , the King of the Scots , there goes a double Report of him ; some say , he was slain in fight beyond the River Humber ; others , that he died a natural Death . However he came by his end , this is certain , he governed the Scots with such Equity , that he may deservedly be reckoned amongst the Best of their Kings . For , tho' he spent the first Part of his Life , almost from his Childhood , in War , yet he so profited under the Discipline of his Grandfather , and his Mind was so established thereby , that neither Military Freedom ( as it usually doth ) did draw him to Vice ; neither did it make him more negligent in conforming his Manners to the Rule of Piety ; nor did his prosperous Success make him more arrogant . And on the other side , the Peace and Calm , he enjoyed , did not abate the sharpness of his Understanding , nor break his Martial Spirit ; but he managed his Life , with such an equal and poised Temper , that , by the advantage of his natural Disposition , he did equal , or rather exceed , those Princes , who are instructed in the Liberal Arts , and from thence come to the Helm of Government . Dongardus , The Forty Second King. THE same Year that Eugenius died , which was in the 452 Year of our Lord , his Brother , Dongardus , was made King in his place . He was of a Disposition like his Brother , for , as he was willing to embrace Peace upon good Conditions ; so , when occasion required , he was not afraid of War. And therefore , in reference both to Peace and War , he not only prepared all things necessary to resist the Invasion of an Enemy ; but also , he trained up the Youth and Soldiery of his Country , in Pains and Parsimony ; That so they might be restrained from Vice , and their minds not grow feeble and languid by long Quiet and too much Prosperity . But the Seditions at home , raised by the Brittons , were the Cause , that his Arms were not much famed abroad . But being freed from that Encombrance , he gave himself wholly up to the Reformation of Religion ; for the Reliques of the * Pelagian Heresy did as yet trouble the Churches . To confute them , Pope n Celestine sent Palladius over , ( in the life of his Father Eugenius ) who instructed many , that grew afterwards famous for Learning and Sanctity of Life ; and especially Patricius , Servanus , Ninianus , * Kent●gernus . The same Palladius is reported to have appointed o Bishops , first in Scotland . Whereas , till then , the Churches were govern'd only by Monks , without Bishops , with less Pomp and external Ceremony , but with greater Integrity and Sanctimony of Life . The Scots , being thus intent about purging and settling Religi●n and Divine Worship , escaped free from that Tempest of War , which did shatter almost the whole World. In the Second year of the Reign of Eugenius ▪ * Vortigern was deposed , and his Son , Vortimer , chosen King of the Brittons . He renewed the Ancient League with the Scots and Picts , ( that so he might more easily break the Power of the Saxons ) which was also made Tripartite of Three Nations , against the Romans in the Days of Carausius . Dongardus did not long survive this League ; for he died after he had reigned Five Years . Constantine I. The Forty Third King. COnstantinos , his youngest Brother , succeeded him in the Government ; who , in his private Condition , lived temperately enough , but as soon as he mounted the Throne , he let loose the Reins to all Debauchery . p He was avaricious and cruel towards the Nobility , but familiar with men of an inferiour Rank . He gave himself wholly to the Constupration of Virgins and M●trons , and to excessive Feastings , having always Musicians and Stage-players about him , and all other Ministers of Lasciviousness and Pleasures . The Scotch Nobility , being offended at these Miscarriages , came often to him , to put him in mind of his Duty . He received their Admonitions very haughtily , bidding them to look after their own Affairs , saying , That he had better Advice from others : He also told them , That they were much mistaken , if they thought to Limit their King , on pretence of Advising him . And as he was thus arrogant towards his Subjects ; so he was as abject and submissive to his Enemies . For he granted them Peace at first asking , and forgave them the Injuries they had committed ; withal , he demolished some Castles , and deliver'd up others to them . This Carriage of his did so far incense the Scots and Picts , that the Scots were ready to Rebel ; and the Picts , who before had secretly dealt with the Saxons , set up for themselves , and at last made a publick League with them . But amongst the Scots , there was one Dugal of Galway , of great Authority amongst the Commons , he , for the present , restrained the Multitude by an Insinuating Oration , wherein he acknowledged , That many of those things which they complained of , were true , and what they desired was just . But yet , if War should come , as an accession to their other Miseries , the Kingdom would be endangered , yea , hardly retrievable from Destruction ; especially , seeing the Picts were alienated from them ; the Brittons , since Vortimers Death , but their uncertain Friends ; and the Saxons ( who were very strong and potent , and who managed there Victories with great Cruelties , and in whose Commerce their was no Faithfulness ) were always intent upon the Destruction of all their Neighbours . Thus by the Prudence of the Ancienter , the Tumult of the Common People was appeased , but the King continuing to reign , tho' with the Hatred and Contempt of all , was at length slain q by a Nobleman of the Aebudae , for vitiating his Daughter by force , in the Fifteenth year of his Reign . This is the common Report concerning his Death ; but I rather incline to the Opinion of Iohannes Fordonus , who says , in his Scotochronicon , that he reigned 22 years , and at last died of a wasting Disease . In his Reign , Aurelius Ambrosius came into This Britain , out of the Lesser beyond Sea ; he was the Son of Constantine , who held the Kingdom some years before ; but , he being Treacherously Slain , and his Brother , who reigned after his Father , being also slain by Vortigern , by like Treachery , the Two other remaining Sons of Constantine were conveyed by their Fathers Friends into Gallick Bretagne . I think , this Original of Aurelius Ambrosius is truer , than That which others deliver , ( among whom is Bede ) for they say , that he was the last of the Roman stock , who reigned in Britanny : These two Brothers , when Vortimer was slain by the fraud of his Stepmother ; and Vortigern had made himself King without Authority or Power , being now grown up and fit to Govern , returned , with the great Favour and Expectation of all men , into the Island , to recover their Fathers Kingdom ; and withal , they brought no inconsiderable number of Britains out of Gaul along with them . After their Arrival , before they would alarm the strangers , they subdued Vortigern in Wales , and then sent Messengers to the Scots and Picts , desiring their Allyance and craving their Conjunction in Arms against the Saxons , the most bitter Enemies of the Christian Name . Their Embassy was kindly received by the Scots ; and the League , before made with Constantine , was again renewed , which from that day remained almost inviolate , till the Kingdom of Britanny was oppressed by the Angles ; and the Kingdom of the Picts , by the Scots . But the Picts answered the British Ambassadors , That they had already made a League with the Saxons , and that they saw no Cause to break it , but they were resolved to run all hazards with them , for the future , as partakers of their good or bad success . Thus the whole Island was divided into Two Factions , the r Scots and Brittons waging continual War against the Picts and Saxons . Congallus I. The Forty Fourth King. COngallus succeeded Constantine , the Son of Dongardus , Constantine's Brother ; He was inclineable to Arms ; but durst not then attempt any thing , in regard the People were effeminated and weakned by Sloth and Luxury , during the Reign of his Uncle . And , tho' Many , in compliance with his Disposition , ( as usually Kings have many such Parasites ) did often persuade him to take Arms ; yet , he would never be induced thereunto . First then , he applied himself to correct the publick Manners , neither did he attempt to reduce the Ancient Discipline , till he had Created new Magistrates , and , by their means , had abridged Suits and Controversies , and restrained Thefts and Robberies . Peace being setled at home , he endeavoured to reclaim others to a civiller course of Life , first of all by his own Example ; and , if any took no Copy from him , but persisted obstinately in their Evil Courses , Such he either gently chastized and punished , or else sleighted them as despicable and worthless Persons , and thus he quickly reduced all things to their former state : Seeing ( as I said before ) at the beginning of his Reign , he gave up himself wholly to the study of Peace , the Brittons began to persuade * Aurelius Ambrosius to recover Westmorland from the Scots , which they had possessed many years . Hereupon several Embassys being sent , to and fro , betwixt them , the Matter was like to be decided by the Sword , if fear of the Common Enemy had not put an end to the Dispute ; so that the League made by Constantine was renewed , and no Alteration made in reference to Westmorland . Congallus had War with the Saxons all the time of his Reign ; but it was a slow and intermittent one , as Parties fortuitously met in driving of their respective Preys ; in which kind of Fighting , the Scots being nimble , light , and most Horsemen , accounted themselves Superior to their Enemies ; but they never came to a pitch'd Battel . For Congallus was of opinion , That it was best to commit as few things , as we could , to the Arbitrement of Fortune , and therefore he sent Part of his Forces to help Aurelius Ambrosius ; and with the rest , he wearied his Enemy , and never suffered him to rest Night nor Day . s Merlin and Gildas lived in the days of these and the next Kings ; They were both Brittons , and obtained great Fame amongst Posterity , for the Opinion conceived of them , concerning Prophecies and Divinations . Merlin was a little the Ancienter of the Two , a Cheat and Impostor , rather than a Prophet . His Vaticinations are scattered up and down , but they are obscure and contain no Certainty at all , to encourage any ones hopes before their fulfilling ; or , to satisfy them , when they are ; so that , upon neither account , can you affirm them to be True. And besides , they are so framed , that you may accommodate , or apply , them to different , or contrary , Events , as you will your self . Yet , tho' they are dayly furbished up , and also augmented by new Additions , such is the Folly o● credulous men , That what they understand not , they are yet bold to affirm , to be as True as Gospel ; and , tho' they be taken in a notorious I ●e , yet they will not suffer themselves to be convinced thereof . Gildas was later than he , a Learned and Good Man , and one , who was had in great Veneration , both Alive and Dead , for his Excellent Learning , accompanied with Sanctity of Life . The * Prophecies , which go under his Name , are such Ridiculous Sentences , and so course and ill-framed in Wording , and also in the whole Series of their Composure , that no Wise Man can esteem them to be His : Yet each Prophet ( as you call them ) had a Patron , suitable to his own Disposition . Merlin had Vortigern for his Patron ; and , after him , Vter , to whom he was a Pander for his Lust. Gildas had Aurelius Ambrosius , a Person no less admirable for the Probity of his Life , than for his Victories in War ; after whose Death , Gildas retired unto Glastonbury in Sommerset-shire , where he lived * and died , very devoutly . Our Books of the Life of Aurelius Ambrosius , do make mention of him : After his Death , Vter , the youngest of Constantines Three Sons , succeeded him , in the Year of our Lord Five Hundred . And the next year after , Congallus , King of Scotland , departed this Natural Life , in the Twenty Second year of his Reign . Goranus , The Forty Fifth King. GORANVS , his Brother , Succeeded him ; who , after his Example , governed Scotland with great Piety and Justice , as much as Foreign Wars would suffer him so to do ; for , he not only travelled all over the Kingdom , ( as the good Kings of old were wont to do ) to punish Offenders , but also , to prevent the Injuries , which great Men did offer to the Poor ; who , in such Cases , dared not to complain ; and to curb their oppressive Domination over them , he appointed * Informers , who were to find out such Miscarriages , write them down , and bring them to him ; a Remedy necessary , perhaps , for those times , but in our days , a very hazardous one . He was the chief Means and Occasion , that the Picts , deserting the Saxons , made a joint League with the Scots and Britains . At that time , Lothus was King of the Picts , a Person , who excelled the Princes of his time , in all accomplishments , both of Body and Mind . a Goranus dealt earnestly with him , to break his Alliance with those Barbarous Nations , alleging , That he ought to remember his own Country , in which they were all born , and especially their common Religion . That he was much deceived , if he imagined , that the Peace betwixt him and the Saxons would be faithfully kept , when once the Brittons and Scots were overthrown ; seeing he had to do with Men of inhuman Cruelty , and insatiable Avarice ; That they had given sufficient proofs , how little they esteemed Leagues , or any other thing , when they wickedly slew the Nobility of the Brittons , who had so well deserved of them , upon Pretence of calling them out to a Conference . That the Son in Law was saved alive by the Father in Law , not for any releif of his Calamity , but for upbraiding of the Enemy ; he added , That the Sacredness of Leagues , which , amongst other Nations , are accounted the firmest bonds of Union , was , amongst them , as a Snare or Bait , to catch the simple and unwary , in . To what purpose was it to run so many hazards , to free themselves from the Tyranny of the Romans , if they must spontaneously give themselves up to the much harder and ba●er Servitude of the Saxons . This were not to make a change of their Condition , but of their Masters , only : Yea , b it was to prefer a Truculent and Barbarous One , before One that was mild and gentle . What a Foolish , and Wild a thing was it , to take away Lands from the Scots and Brittons , and to deliver them to the Germans ? And so to despoil those , who were but lately their Friends , and endeared to them by many ancient Courtesies and Respects , that they might enrich Pirates , the common Enemies of Mankind , even to their own Destruction . That it ought to be esteemed the most grievous thing of all , by one , who was a true Christian , to consent to that League , whereby Christian Religion must be extinguished ; profane Rites renewed ; and wicked Tyrants , Enemies of Piety and Humanity , armed with Power against God and his Law. Lothus knew all this to be true , which he had spoken , and therefore he committed the whole affair to Goranus his Management ; he easily persuades Vter , not only to make an Alliance , but to contract an Affinity too , with the Picts , giving him Anna , who was either his Sister , or else his Daughter , begotten in lawful Wedlock , to Wife : I am rather of their Opinion , who think , she was his Sister , as judging , that the Mistake arose from hence , That Vter had another Natural Daughter , called Anna , by a Concubine . After this League between these Three Kings , many Victories were obtained over the Saxons , so that the Name of Vter began to be great and formidable all over Britain . After all the Commanders of the Saxons were slain , and the Power of those that remain'd , broken ; and so things made almost hopeless and desperate among them . c Vter might have been accounted one of the greatest Kings of his Age , unless , by one foul and impious Fact , he had blurred all his other great Virtues : There was one Gorlois , a Noble Britton , of great Valour and Power , when Vter as yet was but a private Man , he fell mightily in Love with his Wife , named Igerne , a very beautiful Woman ; but her Chastity being a long time a Guard against his Lust , at last her Continency was conquered by Merlin , an audaciously wicked Man ; and , in this Adulterous course , he begat a Son on her , Named Arthur . Vter , his own Lawful Wife being Dead ; being now freed from Nuptial Bonds , and made King ; and so ( as he thought ) free from Law too , not being able to bear the absence of Igerne , out of Love to her , attempted a very Temerarious Project : He framed an Accusation against Gorlois , besieged his Castle ; took it , slew him , Married Igerne , and owned Arthur for his own Son , Educating him Nobly , in hopes of the Kingdom . And seeing the Infamy reflecting on him , by reason of his Wife , could not be concealed , that he might somewhat extenuate it , they broached a Tale , not much unlike That , which had been often Acted in Theatres , about Iupiter and Al●mena , viz. That Vter , by the Art of Merlin , was changed into the shape of Gorlois , and so had his first Nights Lodging with Igerne ; and indeed , this Merlin was a Man of that Kidney , that he had rather be famous for a Wicked Deed , than none at all . Arthur , thus begot by a stoln Copulation , assoon as he grew up , appeared so amiable , in the Lineaments of his Body , and in the Inclinations of his Mind , that the Eyes of his Parents , and of all his Subjects too , were fixed upon him , and he gave many Omens of his future Greatness , that , after his Fathers Death , all designed him to be their King. And his Father was so much pleased with this Humour of the People , that he cherished it by all the Ars he could ; so that now it was the common Opinion , That none but Arthur should be Heir to the Crown . Vter died , when he had Reigned 17 Years , and presently Arthur was set up in his stead ; though Lothus , King of the Picts , did much oppose it , grievously complaining , that his Children ( for he had Two , begotten on Arthur's Aunt , who were now of years ) were deprived of their Kingdom ; and that a Bastard , begotten in Adultery , was preferred before them . On the other side , all the Brittons stood for Arthur , and denied , that he was to be counted Spurious , because Vter Married his Mother at last ; though it were after his Birth ; and by that Marriage had treated him as his Legitimate Son , and had always accounted him , so to be : But although they pretended this colour of Right , yet that , which stood Arthur in most stead , was , his great Ingenuity , and those Specimens of his Virtue , which he often shewed ; yea , there was a tacite Impression ( as it were ) on the Minds of all Men , presaging his future Greatness . So that all ran in thick and threefold ( as we say ) to his Party , in so much that Lothus , being born down not only by that Pretence of Right , ( which , after that time , was always observed in Britanny ) but by the Affections of the People running another way , desisted from his Enterprize in demanding the Kingdom ; which he did so much the rather do , because he was loth to trust his Children , for whom That Kingdom was desired , to the Brittons , who had shewed themselves so averse to Them. Besides , the Intreaties of his Friends did prevail with him , who all alledged , That no Kingdom ought to be so dear to him , as that , for the sake thereof , he should joyn in Affinity with Infidels , ( to the overthrow of the Christian ▪ Religion ) who would no more Inviolably keep their League and Alliance with him , than they had done before with the Brittons . Moreover , the Liberal and Promising Disposition of Arthur , and the Greatness of his Mind , even above his Age , did much affect him . Insomuch that the League made by former Kings , betwixt the Scots , Picts , and Brittons , was again renewed , and thereupon so great a Familiarity ensued , that Lothus promised to send Galvinus , the youngest of his Two Sons , unto the British Court , as soon as he was old enough to endure Travel . Arthur entred upon the Regal Government before he was full Eighteen Years of Age. But as his Courage was above his Age , so Success was not wanting to his Daring Spirit ; for , whereas his Father had divided the Kingdom by certain Boundaries , with the Saxons , and had made Peace with them on Conditions : The fair Opportunity offered them , by reason of the youthful Age of the King , more prevailed with them , to break the Peace , than the Sanctity of the League , to observe it . Arthur , that he might quench the Fire in the beginning , gathered an Army together sooner than any Man could imagine , and , being assisted with Auxiliaries from the Scots and Picts , he overthrew the Enemy in Two great Battels , compelling them to pay Tribute , and to receive Laws from him . With the same eagerness and speed , he took c London , the Metropolis of the Saxons Kingdom ; and , having setled things there , he marched his Army directly towards York . But the report of Auxiliary Forces coming out of Germany , and the approach of Winter , compelled him to raise his Siege from thence . But the next Summer after , as soon as ever he came before York , he had it immediately surrendred to him ; his unexpected Success , the Year before , had struck such a Terrour into the Minds of Men. He took up his Winter-Quarters there , whither there resorted to him the prime Persons of the Neighbourhood , and of his Subjects , where they spent the later end of December , in Mirth , Jollity , Drinking , and the Vices which proceed therefrom ; so that the Representations of the old Heathenish Feasts , dedicated to Saturn , were here again revived ; but the Number of the Days they lasted were doubled ; and amongst the Wealthier sort , trebled ; during which time , they count it almost a Sin to treat of any serious Matter . Gifts are sent mutually from , and to , one another ▪ Frequent Invitations and Feastings pass between Friends ; and Domestick Offenders are not punished . Our Countrymen call this Feast d Iuletide , substituting the Name of Iulius Caesar for that of Saturn . The Vulgar are yet persuaded , that the Nativity of Christ is then celebrated , but mistakingly ; for 't is plain , that they imitate the Lasciviousness of the Bacchanalia , rather than the Memory of Christ , then , as they say , born . In the mean time , the Saxons were reported to have pitched their Tents by the River Humber ; and , Whether it were so or no , Arthur marched towards them . But in regard the Brittons were enfeebled by Pleasures , by that means they were less fit for Military Services ; in so much that they did not seem the same Men , who had overthrown the Saxons in so many Battels heretofore ; for , by their Luxurious Idleness , they had added so much to their Rashness , as they had lost of their ancient Severity of Discipline . Hereupon Advice was given by the wiser sort , to send for Aid from the Scots and Picts . Whereupon Ambassadors were sent , and Aid easily obtained ; so that those , whom Ambition had almost disjoined , yet the mutual Care of Religion , and Emulation too , did so piece together , That Forces were sent from either King , sooner than could well have been imagined . Lothus also , that he might give a Publick Testimony of his Reconcilement , brought his Sons Modredus and Galvinus with him into the Camp ; Galvinus he gave to Arthur , as his Companion , whom he received with so great Courtesie ; that , from that Day forward , they lived and died together . The Army of the Three Kings being thus ready , and their Camps joyned , it was unanimously agreed between them , That as the Danger was common to them all , and the Cause thereof was also the same , so they would drive out the Saxons , and restore the Christian Rites and Religion , which were profaned by them . The Armies drawing near the one to the other , Occa , Son of a former Occa , who was then General of the Saxons , made haste to joyn Battel . In the Confederate Army , the Two Wings were allotted to the Scots and Picts ; the main Battel to Arthur . The Scots , at the first onset , wounded Childerick , Commander of that Wing of the Enemy , which fought against them , he falling , by reason of his Wounds , so terrified the rest , that the whole Wing was broken . In the other Wing , Colgernus , the Saxon , after great Complaints made of the Perfidiousness of the Picts , made an assault upon Lothus , with great Violence , who was easily known by his Habit and his Arms , he dismounted him ; but he himself , being environed in the midst of his Enemies , was run through by Two Picts , with Spears on both sides of his Body . The main Battel , where there was the sharpest Fight , having lost both Wings , did at length give Ground : Occa being wounded , was carried to the Sea-side , with as many as could get on Shipboard with him , and Transported into Germany ; of the rest of the Saxons , Those , who were most obstinate in their Errour , were put to Death : The rest , pretending to turn to the Christian Religion , were saved . There were great Forces of the Saxons yet remaining in the Eastern part of England , and in Kent . The Summer after , Arthur marched against them , having 10000 Scots and Picts for his Assistance ; Congallus , the Son of Eugenius , commanded the Scots ; and Modredus , the Son of Lothus , the Picts , both young Men of great Hope , and who had often given good Testimonies of their Valour and Conduct . This Army of Three Kings , being about Five Mile from the Enemy , and their Camps being distant one from another ; The Saxons , being inform'd by their Spies , that the Picts ( who were farthest distant from the other Forces ) were very careless and secure , they made a suddain and unexpected Assault on them , in the Night . Modredus made a gallant Resistance for a time ; at last , when things were almost desperate on his side , he mounted on an Horse with Gallanus , his Father-in-Law , and so fled to King Arthur . Arthur was nothing dismayed at the loss of the Picts , but spent that Day in setling things , which were discomposed ; after that , his Army being commanded to march in the Third Watch , he came upon the Enemy , with a Treble Army ; and was at the Saxons Camp , before they knew what the Matter was ; The g Saxons , being dismayed , ran up and down , having no time to take counsel , or to arm themselves ; thus their Camp being entred , they were slain by the Brittons ; and especially , the angry Picts were cruel to all without distinction . Some Writers of English Antiquities , say , That Arthur fought Twelve pitched Battels with the Saxons : But because they give us only the Names of the Places , where they were fought , and nothing else , I shall mention them no otherwise . To speak briefly of his Famous Actions , This is manifest , That he wholly subdued the Forces of the Saxons , and restored Peace to Britain ; And when he went over to settle Things in Lesser Britain in France , he Trusted the Kingdom to Modredus , his Kinsman ▪ who was to manage the Government , as King , till his Return . I have no certainty of the Exploits he performed in Gaul ; As to what Geofry of Monmouth attributes to him there , it hath no shadow , much less likelyhood , of Truth in it ; so that I pass them by , as impudently forged ; and , as causelesly believed . But to return to the Matter . Whilst Arthur was absent , and intent on setling the Gallick Affairs ; there were sown the Seeds of a War , most pernicious to Britain . There was a certain Man in Arthurs Retinue , named Constantine , the Son of Cadoris ; who , for the excellent Endowments both of his Body and Mind , was highly in all Mens Favour . He did secretly aim at the Kingdom , and to make the People his Own : Whereupon the Nobles , at a convenient time , when the King was free from business , cast in Words concerning his Successor ▪ beseeching him , to add this also to the other innumerable Blessings he had procured for his Country ; that , if he died Childless , he would not leave Britain destitute of a King , especially , when so great Wars were like to be waged against them . Hereupon , when some named h Modredus as nearest of Kin , and already accustomed to the Government , both in Peace and War ; and One too , who had given good Proof of himself in his Viceroy-Ship ; who , also , was likely to make no small Accession to the British Affairs . These things being spoken , the Multitude , who favoured Constantine , cryed out , That they would not have a Stranger to be their King ; and that Britain was not so devoid of Men , but that it would afford a King within its own Territories : They added also , That it was a Foolish thing , to seek for that abroad , which they might have at home . Arthur knew before the Love of the People , to Constantine ; and therefore , though being a Man otherwise Ambitious , yet he easily took part with the People , and , from that day , shewed him openly , and cherished in him , the hopes of the Kingdom . Modredus his Friends took this ill , and looked upon it as a great wrong to him ; they alleged , That by the League made by Arthur , with Lothus , it was expressly cautioned , That none should be preferred to the Succession of the Kingdom before the Sons of Lothus : To which the contrary Party answered , that That League was extorted by the necessity of the Times , against the Common good of the whole Nation , and that they were not obliged to keep it , now Lothus , with whom it was made , was Dead . And that therefore the Picts would do well , to be contented with their own Bounds , and not to invade other Mens . That the Kingdom of Britain , by Gods Blessing , was now in that State , that it could not only defend it self against New Injuries , but also revenge the Old. These things being brought to Modredus his Ear , did quite alienate his Mind from Arthur , and inclined him to set up for himself , by maintaining his own Dignity ; only he a little suspended the War , till he had tryed the Minds of the Scots ; when they were brought over to his Party , an Army was listed consisting of many Picts , Scots , and Brittons , being induced to side with Modredus , either for the Equity of his Cause , the Love of his Person , or their private Hatred of Arthur . Yea , Vannora , the Wife of Arthur , was thought not to be ignorant of these new Cabals , as having been too familiar with Modredus . Both Armies pitched their Tents by Humber ; and being ready to Fight , Proposals were made by the Bishops , on both sides , in order to a Peace , but in vain ; for Constantine's Friends obstructed all , affirming , That the Felicity of Arthurs Fortune , would bear down all Opposition . Hereupon a most feirce Fight began on both sides , but Two things did especially advantage Modredus and his Confederates ; One was , a Marsh in the midst between them , which the Brittons could not easily pass ; and Another , in the heat of the Fight , there was one suborned , to spread a Report among the Brittons , that Arthur was slain , and therefore , all being lost , every one should shift for himself ; at which Bruit , they all fled , yet there was great Slaughter on both sides ; neither was the Victory joyous to either Party ; for on the one side , Modredus was slain ; and on the other , his Brother Galvinus ; Arthur himself mortally Wounded , and a great Prey taken . I know well , What Fabulous matters are reported , by many , concerning the Life and Death of i Arthur , but they are not fit to be related , lest they cause a Mist to be cast over his other famous Actions ; for , when Men confidently affirm lies , they cause the Truth it self , many times , to be questioned . This is certain , he was a great Man , and very Valorous , bearing an intire Love to his Country , in freeing them from Servitude ; in restoring the true Worship of God ; and in reforming it , when it was corrupted : I have spoken these things concerning his Lineage , Life and Death , more prolixly , than the Nature of my Design required ; for I never meant to Record all the Exploits of the Brittons , but to free and preserve the Affairs of our own Nation , from the Oblivion of Time , and the Fabulous Tales of some lewd and ill-disposed Writers . I have insisted longer on the Exploits of Arthur , partly because some do curtail them through Envy , and others do heighten them by their Verbosities . He died in the year of our Lord Five Hundred and Fifty Two , after he had Reigned 24 Years . But to return to the Affairs of Scotland ; Goranus the King , now grown old , departed this Life , after he had governed Scotland Thirty four years ; 't is thought he was Treacherously slain by his Subjects : There was one k Toncetus , Chief Justice in Criminal Matters , a Man no less Cruel than Covetous ; he , having played many foul Pranks against the richer sort , thought , he might easily get Pardon of all from the King , because , by this means he had augmented his Revenue . The People could not easily obtain admittance to the King , now enfeebled by Age and Diseases , to make their Complaints ; and , if they had Access , they judged their Allegations would not have been beleived against such a principal Officer , and high Favourite . So that they set upon Toncetus , and slew him . But after the heat of their Anger was over , when they began to think with themselves , how foul a Fact they had committed , and that there was no Pardon to be expected by them , they turned their Wrath and Fury upon the King himself , and , by the Instigation of Donald of Athol , they entred into his Palace and slew Him also . Eugenius III. The Forty Sixth King. EVgenius , the Son of Congallus , succeeded him ; when he was advised by some of the Nobility , to revenge the Death of his Uncle Goranus , he entertained the motion so coldly , that he himself was not without suspicion in the Case : And the Suspicion was increased , because he took Donald of Athol , into his Grace and Favour . So that the Wife of Goranus , for fear , fled , with her small Children into Ireland . But Eugenius , to purge his Life and Manners from so foul an Imputation , so managed the Kingdom , that none of the former Kings could be justly preferred before him ; he assisted Modred , and also Arthur , against the Saxons . He sent several Captains to make daily Incursions into the English Borders ; but he never fought with them in a pitched Battel . He died in the year of Christ Five Hundred and Fifty Eight , having Reigned Twenty Three Years . Congallus II. The Forty Seventh King. HIS Brother , Congallus , was set up in his Room , who governed the Kingdom Ten years , in great Peace , a Man for his excellent Virtues , worthy of perpetual Memory ; for , besides his Equity in matter of Law , and the aversion of his Mind from all Covetousness , he vyed with the very Monks themselves , in point of Sobriety of Life , though they , at that time , used a most severe Discipline . He enriched Priests with Lands and other Revenues , more out of a Pious Intention , than with any good Success . He restrained the Souldiers , who were declining to Effeminateness and Luxury , ( and abused the blessing of Peace , ) rather by the l Examples and Authority of his Life , than by the severity of Laws . He called home the Sons of Goranus , who , for fear of Eugenius , had fled into Ireland ; but before their Return , he died , in the Year Five Hundred and Sixty Eight . He never fought Battel himself , but only assisted the Brittons with Auxiliary Forces against the Saxons , with Whom they often fought with various Success . Kinnatellus , The Forty Eighth King. WHen he was Dead , and his Brother Kinnatellus designed King ; Aidanus , the Son of Goranus , came into Scotland , by the persuasions of Columba ; who , Two years before , had come out of Ireland . By him he was brought to the King ; who , beyond his own and the Expectation of all other Men , received him Courteously , and wished him to be of good cheer , for he should shortly be King. For Kinnatellus , being worn out by Age and Sickness , and not able to Administer the Government himself , made Aidanus his Deputy , and so died , having Reigned Fourteen , ( some say ) Fifteen Months . Some Writers leave him out , and do place Aidanus immediately after Congallus ; but there are More , who insert Kinnatellus betwixt Them. Aidanus , The Forty Ninth King. AIdanus being Nominated King by Kinnatellus , and confirmed by the People , received the Royal Habiliments from m Columba . For the Authority of that Man was so great , in those days , that neither Prince , nor People , would undertake any thing without his Advice . And , at that time , after he had , in a long Speech , persuaded the King to rule Equitably over the People , and the People to be Loyal to their King , he earnestly pressed them Both , to persist in the pure Worship of God , for then Both of them would prosper ; but if they forsook it , they must expect Destruction , as the reward of their Offences . Having perform'd this Service , he returned into his own Country . The first Expedition of Aidanus , was , against the Robbers , who infested Galway , coming thither , he put their Commanders to Death , and Fear restrain'd the rest ; but a greater Storm encountred him at at his Return . For , after he had had three Conventions of the Estates in Galway , Abria or Loch-abyr , and Caithness , and thought all things were settled there ; there was a Tumult arose amongst them in Hunting , that much Blood was spilt , and the Kings Officers , who came to punish the Offenders , were repulsed and beaten : The Authors , for fear of Punishment , fled into Lothian , to Brudeus King of the Picts ; when Ambassadors were sent to him , to deliver them up according to the League betwixt them , they were refused ; whereupon a feirce War commenced betwixt * the Scots and Picts , but it was quickly ended by the means of Columba , who was , according to his Merit , highly esteemed by both Nations . In the mean time , England was again divided into Seven Kingdoms ; and the Brittons were driven into the Peninsula of Wales ; but the Saxons , not contented with such large Dominions , stirred up a new War betwixt the Scots and Picts . The Author and Kindler thereof was Ethelfrid , King of Northumberland , a Covetous Man , and who was weary of Peace , out of the desire he had to enlarge his Dominions . He persuaded the Picts , but with difficulty , Brudeus hardly consenting thereto , That they should drive away Preys out of the Scots Territories , and so give an occasion to a War. Aidanus understanding the Treachery of the Saxons , that he might also strengthen himself with Foreign Aid , renewed the ancient League with Malgo , the Britton . He sent his Son Grifinus , and his Sisters Son Brendinus , King of Eubonia , now called Man , a Military Man , with Forces ; who , joyning with the Brittons , entred Northumberland , and after Three days march , came to the Enemy , but the English refused to engage them , because they expected new Succors , which were reported to be neer at hand ; for indeed Ceulinus , King of the East Saxons , a very Warlike Man , was coming to them with great Forces ; the Scots and Brittons fell upon him in his March , and wholly destroyed the Front of his Army , which was a long way before the rest , together with his Son Cutha , but they were afraid to engage the rest , lest they should be circumvented by Ethelfrid , who was not far distant . The * two Kings of the Saxons , being joined together , again renewed the Fight , with much Slaughter on both sides , wherein the Scots and Brittons were put to flight . There were slain of the Scots Nobles , Grifinus and Brendinus ; in the opposite Army , Ethelfrid lost one of his Eyes , and Brudeus was carried wounded out of the Field , to the great Astonishment of his Party . The next Summer after , Ethelfrid , uniting his Forces with the Picts , marched into Gallway , supposing , he should find all things there in great Consternation , by reason of their ill Success the last Year . But Aidanus , coming with his Forces thither sooner than his Enemies thought , set upon the straggling Plunderers , and drave them , with great trepidation , to their Camp. Thus having chastized their Temerity , supposing now , they would be more quiet , the Night after he passed by their Camp , and joyned himself with the Brittons . Both Armies , having thus united their forces , pitch'd their Tents in a narrow Valley of Annandale ; and their Enemies , as now Cock-sure of their Destruction , beset the passages entring into it . But they , having fortify'd their Camp , as if they intended there to abide , in the Night , when the Tide was out , marched thro' the Ford , ( which was known to them ) amidst the quavering Sands , into Cumberland , and afterward into Northumberland , making great Havock , whithersoever they came . The Enemie followed them at their Heels , and when they came in fight of one another , both Armies prepare themselves for the Fight . The Scots and Britains added Four Commanders to those they had before , who were noble Persons , of great experience in Warlike affairs , that so , the rash-Headed Common Soldiers might be commanded by a greater Number of Captains ; of the Brittons there were added , Constantine and Mencrinus ; of the Scots , Calenus and Murdacus : By their Conduct and Incouragement , the Soldiers fell upon the Enemy , with so great Violence , a that he was presently broken and put to flight . There goes a Report , * that Columb , being then in the Isle Icolumbkil , told his Companions of this Victory , the very same hour in which it was obtained . Of the Saxon Nobles there were slain , in this fight , Cialinus and Vitellius , both great Warriors , and highly descended ; about Eleven years after this Victory , the Saxons and Picts infested the adjacent Country ; whereupon , a Day was appointed , wherein the Brittons and Scots should meet , and , with their united Forces , set upon the Saxons . Aidanus , tho' very old , came to the place at the appointed time , and staid for the Brittons , but in vain , for they came not ; yet he drove Preys out of his Enemies Country ▪ * Ethelfrid , having now gotten a fair Opportunity to act something in , set upon the dispersed Scots , and made a great slaughter amongst them . Aidanus , having lost many of his Men , fled for his Life ; yet the Victory was not unbloody to the Saxons , for they lost Ethelfrid's Brother ; and some of those Squadrons , that followed him were almost wholly cut off : Aidanus , having received this overthrow , and being also informed of the death of * Columb , that Holy Man , whom he so highly honoured , foreseeing to what Cruelty the Remainder of the Christians were likely to be exposed , being worn out with Age and Grief , did not long survive ; he Reigned 34 years , and died in the Year of our Lord , 604. In his Reign it was , That a certain Monk , Named b Austin , came into Britain , being sent by Gregory Pope of Rome , who , by his Ambition , in Preaching a New Religion , mightily disturbed the Old , for he did not so much Preach the Christian Religion , as the Ceremonies of the Roman Church . Yea , the Brittons , before his coming , were Converted to , and taught the Principles of , the Christian Religion , by the Disciples of Iohn the Evangelist , and were instituted in the same by the Monks , who were Learned and Pious , in that Age. As for Austin , He laboured to reduce all things to the Dominion of the Bishop of Rome , only ; and gave himself out to be the only Arch-Bishop of the Isle of Britain ; and , withal , introduced a Dispute , neither Necessary nor Advantageous , concerning the Day , on which * Easter was to be kept ; and did , by this means , mightily trouble the Churches ; Yea , he so loaded the Christian Discipline , which was then inclining toward Superstition , with such new Ceremonies and feigned Miracles , that he scarce left any Mark or Footstep of true Piety behind him . Kennethus I. The Fiftieth King. AFTER Aidanus , Kennethus was Elected King , he did nothing Memorable in his time : He died the 4th , ( or , as some say ) the 12th Month , after he began to Reign . Eugenius , IIII. The Fifty First King. AFter him , Eugenius , the Son of Aidanus , was made King. In the year of our Lord 605. He was brought up ( as the Black Book of Pasley hath it ) piously and carefully , under Columba , being very well educated in human Learning ; yet , in This , he swerved from the Institution of his Master , that he was more addicted to War than Peace : For he exercised the Saxons and Picts , with daily Incursions . His Government was very severe and rough ; Those , who were proud and contumacious , sooner felt the point of his Sword , than they received from him any Conditions of Peace ; but to those who asked Pardon for their offences , and voluntarily surrendred themselves , he was very merciful and easy to forgive , and not at all insolent in his Victories . This is what That Book reports , concerning Eugenius . But Boetius says , on the contrary , That he lived in great Peace , which happened not so much from his Foreign Leagues , as from the Discords of his Enemies , who maintain'd Civil Wars amongst themselves . For the English , inhabiting the South Parts , making Profession of Christianity , whilst they endeavoured to revenge the injuries offered to them , deprived Ethelfrid , the Potent King of Northumberland , both of his Life and Kingdom , together . Edvinus succeeded him , and the kindred of Ethelfrid fled into Scotland , amongst whom were Seaven of his Sons and one Daughter . This was done in the Tenth year of the Reign of Eugenius . He c entertain'd these Saxons , flying to him for Refuge , ( tho' he knew them to be Enemies both to him and the whole Christian Name ) with great Courtesy and Humanity , as long as he lived ; giving them Royal Reception , and causing them to be carefully educated in the Christian Religion . He died in the Sixteenth Year of his Reign , and was much Lamented by all Men. Ferchardus , I. The Fifty Second King. HIS Son , Ferchardus , was substituted in his room , in the Year of Christ , 522. and in the 13th year of Heraclius , the Emperour . He , being a Cunning and Politick Man , endeavoured to change the d Legitimate Government of the Land into Tyranny ; in order whereto , he nourished Factions amongst the Nobility ; supposing , by that means , to effect , what wickedly he designed , with Impunity . But the Nobles , understanding his Malicious aim , secretly made up the Breach amongst themselves ; and , calling an Assembly of the Estates , Summoned him to appear , which he refusing to do , they Stormed the Castle wherein he was , and so drew him , per force , to Judgment . Many and grievous Crimes were objected against him , and particularly the Pelagian Heresy , the Contempt of Baptism and other Sacred Rites . When he was not able to purge himself from any One of them , he was committed to Prison ▪ where , That he might not live to be a publick Spectacle of disgrace , he put an End to his own Life , in the 14th Year of his Reign . Donaldus , IIII. The Fifty Third King. HIS Brother Donaldus , or Donevaldus , mounted the Throne in his stead ; who , calling to mind the Elogy of his Father , and the Miserable end of his Brother , made it his Business to maintain the true Worship of God ; and that not only at home , but he sought , by all Lawful means , to propagate it abroad . For , when Edwin was dead , he furnished the Kindred and Children of Ethelfrid , who had remained Exiles in Scotland , for many Years , with Accommodations to return home ; he bestowed upon them Gifts , he sent Forces to accompany them , and gave them free Liberty to pass and repass , as occasion required . This Edwin , afore spoken of , was slain by Kedvalla , as Bede calls him , King of the Brittons , and by Penda King of the Mercians ; One of which was his Enemy , out of ancient hatred to the Nation ; The Other , for his new embracing of Christianity ; but Both , for the Emulation of his power . The Victory is reported to have been most Cruel ; for , whilst Penda endeavoured to root out the Christians ; and Kedvalla , the Saxons ; their Fury was so great , that it spared neither Age nor Sex. After the death of Edwin , e Northumberland was divided into Two Kingdoms . Osticus , Cousin-German to Edwin , was made King of the Deiri ; and Eanfrid , as Bede calls him , but our Writers name him A●defridus , Ethelfrides Eldest Son , King of the Bernici ; They renounced the Christian Religion , in which they had been diligently educated , one by the Scotish Monks ; the other , by Paulinus , the Bishop , and revolted to their Ancient Superstition , but were both , shortly after , f outed out of their Kingdoms , and their Lives too , by Penda . Oswald , the Son of Ethelfrid , succeeded them Both , a studious Promoter of the Christian Religion . He sent Ambassadors into Scotland to Donaldus , to desire him to send him some Christian Doctors ; which he did , Men of great Sanctity and Learning , and who were accordingly received by him with great curtesy , entertained magnificently , and rewarded amply . Neither did he think it below his g Kingly Dignity , to interpret the Sentences of their Sermons , Preached to the People , ( who did not so well understand the Scotish Language ) whom he gathered together for that purpose ; all which is clearly expressed by Bede . Donaldus died in the 14th year of his Reign , leaving the precious Memory of his Virtues , behind him . Ferchardus II. The LIV. King. FERCHARDVS , his Brother Ferchardus's Son , succeeded him , a most slagitious Person , unsatiable in his desires of Wine , and Wealth ; of inhuman Cruelty towards Men , and of as great Impiety towards God. When his Cruelty and Rapine had raged against those without , he converted his Fury upon his Domesticks , killing his Wife , and Vitiating his Daughter ; for which hainous Wickedness , he was Excommunicated out of the Society of Christians . And as the Nobles were about to Assemble , by way of Consultation , about his Punishment ; Coleman , that Holy Bishop , stopped them , for he openly told him , That Divine Vengeance should speedily overtake him ; and the Event verified his Prediction , for , a few days after , as he was a Hunting , he was hurt by a Wolf , and fell into a Feaver , and not being able to abstain from his former Intemperance , at last his Body was eaten up by the Lowsie Disease ; and then he cryed out , That he was deservedly punished , because he had not hearkned to the wholsom Advice of Coleman . Thus at last , seeing his Error ; and Coleman comforting him with hopes of Pardon , in case he truly repented : He caused himself to be carried abroad in a Litter , meanly Apparrel'd , and there he made a publick Confession of his Wickedness , and so dyed , in the Year of our ●edmption 668. Scotland groaned under this Monster 18 Years . Maldvinus , The LV King. MAldvinus , the Son of Donald , succeeded him ; who , that he might strengthen those Parts of the Kingdom , which were weakned by the Tyranny of the former King , made Peace with all his Neighbors . Having quieted things without , he was disturbed by a Sedition at home , arising between the Argyle and Lennox Men. Maldvinus drew forth against the Authors of this Tumult , that so he might punish them , without prejudicing the Commonalty . They , to avoid the King's Wrath , composed their private jars , and fled into the Aebudae Isles . The King sent for them , to have them punished ; and the Islanders , not daring to retain them , delivered them up . Their punishment kept the rest in their Duties . About this time it was , That , when the Scotish Monks had spread the Doctrine of Christ very far over England , and had so instructed the English Youth , that now they seemed able of themselves to Preach the Gospel plainly , even to their own Countrymen ; together , with their Institution and Learning , they also entertained , and suck'd in , some Envy against their Teachers ; so that by reason of this Prejudice , the * Scots-Monks were forced to return into their own Country . Which Contumely , as it cut off the Concord between both Kingdoms , so the Modesty of Those , who had received the wrong , kept both Nations from open Hostility , only frequent Incursions were made , and Skirmishes hapned in divers places . There fell out , at this time , a terrible Plague over all Europe , such as was never Recorded by any Writer , before ; Only the Scots and Picts were free therefrom . By reason of the frequent Injuries , mutually offered , and Preys driven away on both sides , Both Nations were like to break forth into an open War , if the death of Maldvinus had not prevented it . After he had Reigned 20 years , his Wife , suspecting that he had been naught with an Harlot * Strangled him , and Four Days after She herself was punished for the Fact , by being burnt alive . Eugenius V. The LVI King. AFter him , Eugenius the 5th Son of King Dongard , undertook the Kingdom . a Egfrid , the King of Northumberland ( with whom he principally desired to be at Peace ) sought to deceive him by fained Truces ; and he again assaulted Egfrid by the same Art. Thus , when Both made shew of Peace in Words , they each secretly prepare for War ; When the Truce was ended , Egfrid , thô his Friends dissuaded him from it , joyned Forces with the Picts , and , entring into Scotland , he foraged Galway . But he was overthrown by Eugenius , the Picts giving ground in the Fight , and lost almost all his Army , so that he hardly escaped , wounded , and with a few Followers , home . The next Year , his Friends then also Dissuading him , he drew forth his Army against the Picts , who , pretending to run away , drew him into an Ambush , and cut him off , with all his Men. The Picts , laying hold of This , so fair an Opportunity , recovered those large Territories , which had been taken from them in former Wars : And the Brittons , who freed themselves from the Government of the Angli , or English , together with the Scots , entred Northumberland , and made such an Havock there , that it never recovered itself since . Soon after Eugenius dyed , in the 4th Year of his Reign . Eugenius VI. The LVII King. EVGENIVS the VI , the Son of Ferchard , succeeded Eugenius the V ; As did Alfrid , Brother to Egfrid , succeed him in Northumberland : Both Kings were b very Learned , especially in Theology , according to the rate of those times : And also friendly one to the other , on the account of their common Studies . So that , the Peace was faithfully maintain'd betwixt them . Alfrid made use of this Tranquillity , to settle the bounds of his Kingdom , thô in narrower Limits than before . But the Scots had neither an Establish'd Peace , nor yet a Declared War , with the Picts : Excursions were frequently made , with different and interchangable Successes , thô Cutberectus an English Bishop , and Adamannus , a Scotish Bishop , did in vain labour to reconcile them : Yet This they effected , that they never fought a pitched Battel . In the mean time , Eugenius being inflamed with an inexpiable Hatred against the Perfidiousness of the Picts , was stopped in the midst of his Career to Revenge , for he dyed , having Reigned 10 Years . In his Reign , it is reported , c That it Reigned Blood all over Britain for 7 days , and that the Milk , Cheese , and Butter , were also turned into Blood. Amberkelethus , The LVIII King. AFter him , Amberkelethus , the Son of Findanus , and Nephew of Eugenius the 5th . obtained the Kingdom . At the beginning of his Reign , he counterfeited Temperance , but soon returned to his Natural Disposition ; and broke forth into all manner of Wickedness . Garnard , King of the Picts , laying hold of this Opportunity , gathered a great Army together , and invaded the Scots . Amberkelethus could hardly be excited to take Arms , without much Importunity , but at last he did ; as he was going forth in the Night to ease himself , with Two Servants , he was d slain with an Arrow , ( it was not known , who shot it ) when he had not Reigned full Two Years , some say , That when he pressed upon the Enemy in a thick Wood , that he was hurt with an Arrow by them , and so dyed 10 days after . Eugenius VII . The LIX King. EVGENIVS , the 7 th . Brother of the former King , was Declared King , by the Suffrage of the Soldiers in the Field , that so the Army might not disband , nor be without an Head. . He , putting little confidence in an Army , Levyed by a slothful King , lengthened out the War by Truces ; and at last concluded it by Marrying Spondana , Daughter of Garnardus . She , not long after , was e slain in her Bed by Two Athol-men , who had conspired to destroy the King. The King himself was accused of the Murder , but falsly , and , before he was brought to Judgment , the Murderers were found out . Whereupon , he was freed . The Offenders were most exquisitely punished . When Matters were composed abroad , the King turned himself to the Affairs of Peace , delighting much in Hunting . But his chief Care was , for Religion . It was his Design and Appointment , That the Noble f Acts and Enterprizes of Kings should be Registred in Monasteries . He maintain'd a continued Peace 17 Years with all his Neighbours , and then dyed at * Abernethy . Mordacus , The LX King. EVGENIVS , a little before his Death , commended Mordacus , the Son of Amberkelethus to the Nobility , to be his Successor . There was Peace all over Britain during his Reign , as Bede says about the end of his History . He did imitate Eugenius , not only in maintaining Peace , but in endowing of Monasteries , also . He Repaired the Convent of g White-horn , which was demolished . He dyed at the Entrance into the 16th Year of his Reign . Etfinus , The LXI King. IN the Year of our Lord 730 , Etfinus , the Son of Eugenius the 7 th , entred upon the Kingdom . He , being emulous of the Kings before him , kept the Kingdom in great Peace , during the space of 31 years , that he managed the Government . When he was old , and could not perform the Kingly Office himself , he appointed Four Vice-gerents to Administer Justice to the People . Whilst These presided over the Affairs of Scotland , some loose Persons , resuming their former Luxuriant Extravagancies , by the Magistrates Neglect , or , ( as some think ) Fault , put all things into an Hurly Burly . But their wicked Pranks were the less taken notice of , by reason of the excessive Cruelty and Pride of one * Donaldus , who , ranging over all Galway , made the Country People pay Tribute to him ; or else he robbed them , and reduced them to great Want. Eugenius VIII . The LXII King. A Midst these Tumults , Eugenius the 8 th , the Son of Mordacus , was set up in the room of Etfinus , deceased ; His first Enterprize , was , to suppress Donaldus , whom he overthrew in many bloody Fights , took him Prisoner , and publickly * executed him , to the Joy of all the Spectators . He put Mordacus to death , Vicegerent of Galway , for Siding with Donaldus ; and set a Pecuniary Fine on the rest of the Vicegerents . He made Satisfaction to the People , who had been robbed , out of the Offenders Estates . The Bad being terrified for fear of these Punishments , and a great Calm ensuing , after a most violent Tempest , he confirmed the Leagues , heretofore made , with the Neighbouring Kings . Yet , after all this , he , who got so much Glory in War , when once Peace was made , gave himself up to all manner of Vice. And seeing he would not be reclaimed , neither by the Advices of his Friends , nor of the Priests , all the Nobles conspired to destroy him , which they did in a Publick Convention , in the * 3d year of his Reign . The Companions and Associats of his wicked Practices ended their Lives at the Gallows , all Men rejoycing at their Executions . Fergusius , III. The LXIII King. FERGVSIVS the III , the Son of Etfinus , succeeded him , who , under a like counterfeit pretence of Virtue , being fouly vitious , dyed also after the like violent manner , having Reigned the like Number of years , viz. 3. He was poisoned by his Wife . Others write , That when his Wife had often upbraided him with his Contempt of Matrimony , and his Flocks of Harlots , but without any amendment , that She Strangled him at night , h as he was sleeping in his Bed. When Enquiry was made into his Death , and many of his Friends were accused , and yet , though severely tortured , would confess nothing . The Queen , thô otherwise of a fierce Nature , yet pitying the suffering of so many Innocents , came forth , and from an high Place , told the Assembly , That She was the Author of the Murder ; and presently , lest She should be made a living Spectacle of Reproach , She ran her Self through with a Knife ; which Fact of Hers was variously spoken of , and descanted upon , according to the several Humours and Dispositions of the Men of that time . Solvathius , The LXIV King. KING Solvathius , the Son of Eugenius the 8 th , is the next in Order , Who , if he had not contracted the Gout , by reason of Cold , in the 3d Year of his Reign , might well be reckoned for his Personal Valour amongst the Best of Kings ; yet , notwithstanding his Disease , he appeased all Tumults , by his Generals , with great Wisdom and Prudence . First of all * Donaldus Banus , ( i. e. ) White , being Fearless of the King , by reason of the Lameness of his Feet , had the boldness , as to seize upon all the Western Islands , ând to call himself King of the Aebudae . Afterwards , making a Descent on the Continent , and carrying away much Prey , he was forced by Cullanus , General of the Argyle-men , and by Ducalus , Captain of the Athol-men , into a Wood , out of which there was but one Passage , so that their endeavours to escape were fruitless , but He and His * were there slain , every Man. One Gilcolumbus , excited by the same Audacity and Hope , assaulted Galway , oppressed before by his Father , but he also was overthrown , by the same Generals , and put to death . In the mean time , there was Peace from the English and Picts , occasioned by their Combustions at home . Solvathius Reigned 20 Years , and then dyed , being Praised of all Men. In the year of Christ 787. Achaius , The LXV King. ACHAIVS , the Son of Etfinus , succeeded him ; he having made Peace with the Angels and Picts , understanding , that War was threatned from Ireland , composed the Seditions that were like to break forth at home , not only by his Pains-taking , but by his Largesses , also . The Cause of the Irish War , was This. In the former Kings Reign , who was unfit to make any Expedition ; The Irish and the Islanders , out of hope of Prey and Impunity , had made a descent upon Cantire , the adjoyning Peninsule , with great Armies , both at once . But a Feud arising between the Plunderers , many of the Islanders , and all the Irish , were slain . To revenge this Slaughter , the Irish Rigged out a great Navy , to Sail into the Aebudae . Achaius sent Embassadors to them , to acquaint them , That they had no just cause for a War , in regard that Thieves , fighting for their Prey , had slain one another ; That the loss was not , that so many were slain , but rather , that any of them had escaped . They farther alleged , That the King and his National Councils were so far from offering any injury to the Irish , that they had put all the Authors of the late Slaughter to death . The Embassadors , discoursing many things to this purpose , were so coursly and barbarously rejected by the Irish , That they set forth their Fleet against the * Albine Scots , even before their departure ; when their Fleet was on the Main , a Tempest arose , and destroyed them all . This Mischance occasioned some sentiments of Remorse and Pity in the Irish , * so that now they humbly fued for that Peace , which before they disdainfully refused . But first of all , i Achaius made Peace between the Scots and Franks , chiefly for this reason , because not only the Saxons , who inhabited Germany , but even those who had fixed themselves in Britanny , did infest Gaul with Piratical Invasions . And besides , Charles the Great , whose desire was to enoble France , not only by Arms , but Literature , had sent for some k Learned Men out of Scotland , to read Greek and Latin , at Paris . For yet there were many Monks in Scotland , Eminent for Learning and Piety , the antient Discipline being then not quite extinguished , amongst whom was Iohannes , Sirnamed Scotus , or , which is all one , Albinus , for the Scots in their own Language call themselves Albini ; He was the School-Master of Charles the Great , and left many Monuments of his Learning , behind him , and in particular , some Precepts of Rhetorick , which I have seen , with Iohannes Albinus inscribed . There are also some Writings of Clement a Scot , remaining , who was a great Professor of Learning , at the same time , too in Paris . There were many other Scotish Monks , who passed over into Gaul , out of their Zeal for God and Godliness , * who preached the Doctrine of Christianity to the People inhabiting about the Rhene , and that with so great Success , that the People thereupon built Monasteries in many Places . The Germans owe this to their Memory , that even to our days , Scots are the Governors over those Monasteries . Though Achaius was desirous of Peace , yet the Pictish concerns drew him on to a War. For when l Athelstan , the English-Man , had wasted the Neighbouring Lands of the Picts , l Hungus their King obtained the Aid of Ten Thousand Scots , from Achaius , who before was disgusted with the English. He placed his Son Alpinus , a Commander , over them , who was born to him by the Sister of Hungus ; by the assistance of those Auxiliaries , he drove a great prey out of Northumberland . Athelstan , a feirce Warriour , was almost at his Heels , and overtook him not far from Hadington . The Picts being dismayed at the suddain coming of their Enemies , run to their Arms , and keep themselves in their Stations , till Night ; having set their Watches for the Night , Hungus being inferiour in other things , desired Aid of God , and gave up himself wholly to Prayer . At last , when his Body was wearied with Labour , and his Mind oppressed with Care , he seemed to behold Andrew the Apostle , standing by him in his Sleep , promising him Victory . * This Vision being declared to the Picts , filled them full of Hope , so that they prepared themselves with great Alacrity to the Combate , which otherwise they could not avoid . The next day they came to a pitched Battel . Some add , That another Prodigy was seen in the Heavens , a cross like the Letter X , which did so terrifie the English , that they could hardly bear the first brunt of the Picts . * Athelstan was slain there , who gave Name to the place of Battel , which is yet called Athelstan Ford. Hungus ascribed the Victory to St. * Andrew , to whom , besides other Gifts , he offered the Tithe , of his Royal Demeas●s : I am of Opinion , that This was the Athelstan , Commander of the Danish Nation , to whom the English affirm , That Northumberland was granted by Alured . Achaius died the Thirty Second year of his Reign , and in the Year of Christ Eight Hundred and Nine . Congallus III. The Sixty Sixth King. CONGALLVS , his Cousin German , succeeded him , who Reigned Five years , in Peace both at home and abroad . Dongallus , The Sixty Seventh King. DONGALLVS , the Son of Solvathius , was next King to him . The Soldiers , not able to endure the Severity of his Government , gathered themselves together to Alpinus , the Son of Achaius ; and because they could not persuade him by fair means to undertake the Kingdom , they compelled him by force and menaces to be seemingly on their side . He having gathered together an Army , and pretending to do , as they would have him , disappointed them and fled to Dongallus ; his coming was acceptable to the King , but a great dismay to the Rebels ; and therefore they accuse him to the King , as if Alpinus himself had persuaded them to Rebel . The King , well perceiving their Calumny , suddenly prepared his Army , and so prevented the rumour of his coming . Those of them which he took , he put to Death . In the mean time , * Hungus died , and his Eldest Son Dorstologus was slain , by the Fraud of his Brother , Eganus ; neither did the Murtherer long survive his Brother . So that the Male-stock of Hungus being extinct , his Sister's Son Alpinus , as next Heir , both by an ancient Law , and in Right of Blood , claimed the Kingdom . The Picts disdained him as a Foreigner , whereupon Dongallus sent Messengers to them , to expostulate the matter , but they refused to give them Audience , but Commanded them to depart in four days . * Dongallus intended to make War upon them , with all his might . But in the preparation thereof , as he was passing over the Spey , whose Current was very violent , the Vessel , in which he was , sunk , and he was Drown'd , after he had Reigned Six Years , some say , Seven . Alpinus , The Sixty Eighth King. ALpinus , the Son of Achaius , led the Army raised by Dongallus , against Frederethus , who had seized upon , and arrogated , the Kingdom of the Picts , to himself . * The Armies met at Restenot , a Village of Angus , the Fight was maintained with great Obstinacy and Cruelty , even until Night ; the Victory was uncertain , tho' the Death of Frederethus made it to incline to the Scots . For when he saw his Men to fly in the Fight , with a Troop of Noble Youngsters , he brake through the main Battel of the Scots , and being thus severed from his Men , was there slain , with the Flower of his Nobility . Brudus was substituted in his place , a Slothful Person , and unfit for Military Affairs . In his Reign , the Scots drove Preys out of their Enemies Country , without Resistance ; and the Picts raising up a Tumult on purpose amongst themselves , slew Brudus , before he had Reigned one Year . Then they set up Kennethus , another of Frederethus his Sons , in his stead , one neither Valianter , nor more Successful , than his Brother : For , when he had levied an Army , and came in fight of his Enemies , he privily stole away , and so was slain by a Country Man , who upbraided him as a Run-away , not knowing , Who he was . The Picts having lost their King , before their Enemies were sensible of it , returned home , and made another Person , named Brudus , King , one of high Descent and Noble Atchievements . He , as soon as he entred upon the Kingdom , set upon the straggling Plunderers , and curbed their Rashness , making a great Slaughter amongst them ; after that , that he might strengthen his weak Forces by Foreign Aids , he sent Ambassadors , with great Gifts , to the English , which were nearest to him . They received their Gifts , and were large enough in their Promises of Assistance ; but , though the Picts earnestly pressed them , yet they put them off , laying the fault on their own Combustions at home . The Picts being disappointed of their Hope there , levied all of their Own , that were able to bear Arms , and resolved to venture their All ; with this Resolution they marched directly toward the Enemy , who were encamped not far from Dundee . As soon as they met , the Battel was so much the more sharp , by reason of the old Hatred , the recent Disgust , the many mutual Slaughters , and the frequent Injuries and Wrongs , committed on both sides . When the Conflict was a long time doubtful , at last , an Hundred Horse of the Picts rose out of an Ambush ; who , that they might seem to be a greater Number , did also Horse their Baggage Men , and Attendants , upon their Baggage Horses ; and so , shewing themselves upon the tops of the Hills , they wheeled about , as if they would have set upon the Rear of the Army , which was a Fighting . That apprehension struck such a terrour into the Scots , that they presently scattered , and fled into the Neighbouring Woods ; by which many of them were saved alive ; only some few were slain in the Fight , but more in flight , by the nimble Baggagers , who were set on Horseback . * King Alpinus , and many of his Nobles were taken Prisoners , and cruelly slain . The Kings Head was fastned to a Pole , and carried up and down the Army ; till , at last , they set it up for a Spectacle in the most eminent place of the greatest Town they had , ( which then was Abernethy . ) The place , where he was slain , as yet retains his Name , being called , Bas Alpin , i. e. The Death of Alpin . Kennethus II. The Sixty Ninth King. ALpin being slain , after he had Reigned Three Years , his Son Kennethus succeeded him . The next Summer , the Picts having some hopes , that if they did but endeavour it , the Scots might easily be driven out of Britain , as they had been heretofore ; hereupon they hired some Troops of the English , and joyned them with what Forces of their Own they could make . But a sudden Sedition arose betwixt the Commanders , and that so outragious an One , That King Brudus himself could not compose it ; so that the Army disbanded thereupon ; and Brudus died about Three Months after , rather Heart-broken , than of any Disease . His Brother Druskenus was made King in his stead , who , in vain attempted to compose things at home ; but in the interim , some Scotish Youngsters stole away the head of Alpinus , from the place where the Picts had set it up , and brought it to Kennethus , he not only commended them for their Noble Exploit , but also rewarded them with Lands . Kennethus called together an Assembly to consult about War with the Picts ; and though the King himself , and the forwardest of the Soldiers , did advise to revenge the Treachery of such a perfidious People ; yet , the Major part , and especially the Graver sort , thought it more adviseable , to stay , till their Forces , which were weakned in former Wars , had recovered themselves ; in the mean time , they would neither seek Peace , nor yet make War with the Picts , till a better opportunity , for either , did offer it self . This Opinion prevailed , so that there was Peace betwixt the two Nations , for Three Years , as if it had been by common Consent . But in the Fourth Year , Kennethus , desirous to renew the War , yet finding few of the Nobles of his Mind , invited them to a Banquet ; * the Entertainment continued till late at Night , so that they were all necessitated to lodge there , which they might more easily do , in regard every Man , according to the custom of his Ancestors , lay on the Ground , and so they disposed of them in that large House , having nothing under them but Leaves and Grass . When they were gone to Bed , the King suborned a Youth , one of his Kinsmen , commanding him to clothe himself with the Skins of Fishes , dried in the Wind , and so to enter by Night ; and to speak through a long Tube , that the Voice might better reach their Ears at a distance , and thus to exhort them to War ; as if a Message had been sent them from Heaven , to that purpose . The Nobles suddenly awoke at this Voice , which at that time seem'd to them to be Greater and more August than a Mans ; many also were laden with Wine , and the sudden flashing of Light , from the Fishes Skins , darting upon their drowsie Eyes , and dazling them , drove them into a great Astonishment ; in fine , an un-wonted Apparition affected the Eyes of them all , and a kind of Religious Consternation seized upon their Minds . And That which increased the Admiration , was , That the Messenger , stripping himself of his disguised Habit , and , by a secret Passage , conveighing himself away , as in an instant , seemed to have vanished out of sight . When the News hereof was brought to the King in the Morning , and many did add to the Story , as is usual in such Cases , he also affirmed , That the like Apparition was seen by him , in his Sleep . Hereupon , a War was concluded upon by the general Consent of them all , as if they were Commanded thereunto by God himself . When the Armies were led forth to Battel , as soon as ever they came in fight one of another , every one ran upon the Enemy , which stood next to him , not staying for the Command of their Captains . The Fight was as fiercely continued , as it was eagerly begun . At last , the Victory inclined to the * Scots . Those in whom the Picts put most Confidence proved their Ruin. For the English Troops , seeing that all things were managed without Order , and by Tumultuary Force , withdrew themselves into the next Hill , as if they had only been Spectators of other Mens Dangers . There was a mighty Slaughter made of the Picts . For the Scots were highly provoked against them , not only by their ancient Hatred , but by the remembrance of their later Cruelty against Alpinus , and the rest , whom they had taken Prisoners : But that which chiefly inflamed their Minds , was a Watch-Word , spread abroad among the Scots , That they should remember Alpinus ; From that very moment , they spared neither Age , nor Rank , of Men : The Hills covered the departure of the English , and the Scots were so pertinaciously intent in revenging themselves on the Picts , that they could not follow them . This Victory reduced the Picts to so low an ebb , and rendred their Condition so deplorable , that , though they endeavoured to make Peace , yet all was in vain , for the Scots would hearken to no Conditions , but the full surrendring up of their Kingdom . The next Year , when all Places were surrendred up beyond Forth , Northwards ; and Garisons placed in them , as Kennethus was marching his Army against those on this side thereof , word was brought , That some of the Garisons , which he had left behind , were taken , and the Souldiers slain : Hereupon , he marched his Army back against the Rebellious Picts , of whom he spared neither Man , Woman , nor Child ; But wasted the whole Country with Fire and Sword. Druskenus , seeing the Picts were inraged , almost like Mad-men , at the Cruelty exercised over them , and knowing now , that they must fight , not for their Kingdom , but for their very Lives , and the Lives of their Wives and Children , gathered together all the Force that ever he could make ; and so passing the Forth , came to Scone , a Town situate on the Bank of the River Tay , where he waited for the coming of the Scots : There they again endeavoured to make a Pacification , offering to surrender all the Country beyond the Forth , but the Scots would have All , or none . The Fight , as in such Circumstances of Necessity , was very fierce : At last , the Pertinacy of the Picts was broken , and the River Tay , putting a stop to their flight , was the cause of their Destruction . For * Druskenus , and almost all his Nobility , being not able to pass it , were there slain : And the Fortune of the common Souldiers was not better ; for as they crowded to the River in several places to save themselves , they laboured also under the same incapacity of passing it , and so they every one of them lost their Lives . Hence it is , ( as I judge , ) that our Writers say , We Fought with the Picts seven times in one Day . The Force of the Picts was wholly broken by this Overthrow , and Kennethus wasted Lothian and the adjacent Country , together with Those beyond the Forth , that they might never be able again to recover themselves . The Garisons , for fear , surrendred themselves . Those few Picts , who were left alive , fled into England , in an indigent and necessitous Condition . The Sixth BOOK . AS I formerly called Fergusius the First , and , after him , Fergusius the Second , with great reason , the Founders of the Scotish Kingdom , so I may justly reckon * Kennethus , the Son of Alpinus , a Third Founder , also . Fergus the First , from a mean beginning , advanced the Affairs of the Scots to such an height , as that they were Envy'd by their Neighbours . Fergus the Second , when they were banished and dispersed into remote Countrys , and , in the Judgment of their Enemies , almost extirpated , did , as it were , recal them to Life , and , in a few years , reduced them to their Ancient Splendor . But Kennethus was so Couragious , as to accept of the Kingdom , when Matters were almost desperate ; yea , when others thought , that the small remainder of Scots could hardly have been defended , or kept together ; and not only so , but he brake the power of the Enemy , ( tho' assisted with Foreign aid , and Triumphant also for his late Victory ) in many sharp ( yet prosperous ) Fights ; and , being thus weakned , he drave him out of Britanny , and took from him the Kingly Name , which to this day he could never recover again . Tho' these were Great Atchievements , yet they were not the Greatest he performed ; For , as he enlarged his Kingdom to double of what it was before ; so he Governed it , both by making New Laws , and also by reviving the Old ones ; That neither Licentiousness arising from War , nor Pride , the product of Victory , nor any footsteps of those Evils , which are wont to accompany Luxury and Ease , did appear , during his Life . Yea , the Affairs of Scotland seem'd to be supported for many Years after , by the Laws , called , by Posterity , the g Macalpin Laws , as much as by Arms. But to let pass these things ; I shall proceed to relate his Noble Acts , as I have begun . Kennethus , having driven out the Picts , distributed their Lands amongst his Soldiers , according to every ones Valour and Merit : whose Ambition put New Names on many Places and Countrys , cancelling and obliterating the Old. He parted h Horestia betwixt Two Brothers , Aeneas and Mern ; one part of which , in Old Scotish , is yet called i Aeneja , ( they , who more affect the English Speech , call it Angus : ) The other , k Mern . The Country adjoyning from Tay to the Forth , was called by the Ancients , Ross , i. e. Peninsule ; there are some signs of the Name , yet remaining , as l Culross , a Town , which is , as it were , the Back or Hinder part of Ross ; and m K●nross , which signifies the Head of Ross. Now at this day , all that Country , is called Fife , from an Eminent Person , called , Fifus , whose Sirname they say , was Duffus ; Barodunum , a Town in Lothian , or , as some call it , D●nbar , was so called ( as it is thought ) from a Great Man , named , Bar. Lothian had its name , not long ago , from Lothus King of the Picts . Cuningham is wholly a Danish Word ; used , as I think , by the Danes , after the Death of Kennethus , who possessed that Country for some years , having driven the Scots beyond the Wall of Severus ; for Cuningham signifys , in the Danish Language , the Kings House , or Palace . 'T is also probable , That Merch was so called , by the Danes , because it was the Limits between both Kingdoms . As for Edinburgh , either by the gross Ignorance or perverse Ill-will of some , it is sometimes called , Vallis Dolorosa , i. e. The Dolesom Valley , and sometimes , Castrum Puellarum , Maiden-Castle ; the Name in it self is not very obscure , tho' it be made so , by ill management . They borrowed those Names from the Gallick-Fables , which were devised within the space of 300 Years , last past . This is certain , That the Ancient Scots called it , Dunedinum ; the Later , Edinburgum , wherein they follow the Country Custom in imposing of Names ; whereas , that Castle in a middle Appellation between both , I think may be better named , Edinum . But enough in this place concerning the Old and the New Names of the Countrys , of which I have spoken more largely , before . To return then to Kennethus ; Having enlarged his Kingdom , as I said before , and settled wholsome Laws for the Government thereof ; he endeavoured further to confirm his Royal Authority by mean and trivial Things , even bordering upon Superstition it self ; There was a p Marble-Stone , which Simon Breccus is reported to have brought into Ireland out of Spain , which Fergus , the Son of Ferchard , is also said to have brought over into Scotish Albion , and to have placed it in Argyle . This Stone Keunethus removed , out of Argyle , to q Scone by the Rivet Tay , and placed it there , included in a Chair of Wood. The Kings of Scotland were wont to receive both the Name and the Habiliment of Kings , sitting in that Chair , till the days of Edward the First , King of England , of whom in his Place . Kenneth Translated the Episcopal See , which the Picts had placed at Abernethy , to Fanum Reguli , which after Ages called St. Andrews . But the Ancient Scots-Bishops , being chosen out of Monasteries , not then contending for Place or Honour , but for Sanctity and Learning , r did perform their Functions every where , occasionally , as opportunity was offered without Envy or Emulation ; no certain Diocesses being allotted to them , in regard the Ecclesiastical Function was not yet made a matter of Gain . After this sort , Kennethus Reigned 20 Years . In the beginning of his Fifth year , he overthrew the Picts , as the Black Book of Pasley hath it . The other Sixteen years , after he had destroyed the Government of the Picts , he lived in great Tranquillity , having Peace at home , by reason of his just Government ; and Peace abroad , by the Power of his Arms. He enlarged his Dominions from the Orcades to the Wall of Adrian . A. C. 854. Donaldus V. The Seventieth King. DONALDVS , his Brother , was chosen King next , who quite altered the whole Publick Discipline , together with his own Demeanour . For , whereas , in the Life time of Alpinus , he made a shew of Temperance , and , by that means , had obtained the Love of the better sort ; When his Brother was dead , as if he had been freed from all Fear and Restraint , he gave himself up wholly to a Pleasure . And , as if there had been no danger from any Enemy without , he neglected all Military Study , and kept almost none about him , but Hunters , Hawkers , and Inventors of new Pleasures . Upon these , he spent the Publick Revenue . The young Fry , who were prone to Pleasures , did extol the King to the Skies , as a Noble and Generous Prince ; and scoffed at the Parsimony of former Times , as Rude and Illiberal . The Ancient Counsellors , seeing all things likely to run to Ruin in a very short time , came to the King , and put him in mind of his Duty ; of his present Evils and Miscarriages ; and of the Danger imminent thereupon . He , nevertheless , persisted in his slothful kind of Life , which gave opportunity to the Remainders of the b Picts ( as if an hopeful Alarm had been given them , even from the very bottom of Despair ) to address themselves to Osbreth and Ella , Two of the most potent and prevalent Kings of the English , ( for then England was divided into many Kingdoms . ) They bewail'd their misfortune to them ; and craved earnestly their Assistance ; promising , That they and all their Posterity would become Feudataries to the English , in case they obtained the Victory over the Scots , which , they prejudg'd , would be an easy one , by reason of the slothful Nature of Donald . The English were easily persuaded , and having setled things at home , they led out their Army into Merch , from whence they sent Heralds to Donaldus , requiring , that the Lands which the Scots had forceably taken away from the Picts , their Friends and Allies , might be restored , which , unless he would do , they would not neglect their old Confederates , who had now also newly cast themselves upon them . Donaldus , by the advice of the Estates , which , in this time of imminent Danger , he had ( thô unwillingly ) convened , Levied an Army , and met with the Enemy at Iedd , a River of Teviotdale , where he joyned Battel , and overthrew Osbreth , c enforcing him to fly to the next Mountains : From thence he marched on by Tweed unto the Sea side , recovered Berwick , which had been taken by the English , and again deserted by them , upon the ill news of the success of the Battel ; where he took all the Ships riding in the Mouth of the River , and seized upon all the Enemies Provisions therein . There he got an opportunity to renew his , interrupted , Pleasures , and , as if his Enemies had been wholly overthrown , he drowned himself in all kind of Voluptuousness . Whereupon , the English , who , in the last Fight were rather scatter'd than subdued , understanding , by their Spies , the Carelesness and Security of the Scots , gathered together what Force they could out of the Neighborhood , and by night set upon the Scots , who were laden with Wine , and fast asleep , making a great slaughter amongst them ; but they took the King , who was between sleeping and waking , Prisoner . From thence they followed the Course of their Victory , and to make their Ravage more compleat , they divided their Army into Two Parts , and so marched into the Enemies Country , Part of them when they came to the Forth , got Vessels , and essayed to pass over by Water into Fife , but a great Number of them were Shipwrackt , and drowned ; and the rest , by the violence of the Storm , were forced back to the Shore , where they embarked ; from whence , marching to Sterling , and joyning with the rest of their Army , they pass over the Forth , on a Bridge . The Scots , after their flight , gathered themselves into a Body thereabouts , having the bare show , rather than the strength , of an Army ; and sent Ambassadors to the English for Peace ; which they did not refuse , because their strength was weakened by the unsuccessful Battel of Iedd , and also by their own Shipwrack . The d English propounded hard Conditions , yet such as the present State of Affairs made to seem tolerable , As that , The Scots should yield up all the Land , which was within the Wall of Severus ; That their Bounds should be beneath Sterling , the Forth ; beneath Dunbarton , the Clyd ; and between the Two Rivers , the Wall of Severus . Amidst such hard Terms of Peace , yet this happened , as joyous , so unexpected , to the Scots , That no mention was made concerning the Reduction of the e Picts . For the English and Britains divided the Lands , surrendred up , betwixt them ; the River being a Boundary betwixt them both . There are some , who think , the Money yet called * Sterling was then Coined there . The Lands being thus divided , the Picts , who thought to recover their own , being eluded of their hopes , passed over to the Cimbrians and Scandians , ( i. e. ) ( as we now speak , ) to Denmark and Norway . Those few of them , that staid in England , were all put to death by them , upon pretence , that they would attempt Innovations by their soliciting of Forein Aid . Donaldus , after he had made Peace , upon his Return , was Honourably received , partly , out of Respect to his Ancestors , and partly in hopes of his Repentance . But he , persevering in his wonted Slothfulness , the Nobles fearing that so filthy and sluggish a Person , who would neither hearken to the Counsels of his Friends , nor be reclaimed by his own Calamities , would lose that part of the Kingdom which remained , * cast him into Prison ; where , either for Grief in having his Pleasure restrained ; or , for Fear to be made a Publick Spectacle of Scorn , he laid violent hands on himself , in the Sixth Year of his Reign . Others report , that This Donaldus performed many Noble Exploits , both at home and abroad ; and that he dyed a natural death at Scone , in the Year of our Lord 858. Constantinus II. The Seventy First King. COnstantinus , the Son of Kennethus , undertook the Kingdom after him , at Scone ; he was a Prince of a great Spirit , and highly Valorous . He was desirous to obliterate the Ignominy received under Donaldus , and to enlarge his Kingdom unto the Bounds , left by his Father ; but he was otherwise advised by his Nobles , because the greatest part of the Soldiery were slain under Donaldus ; and the remainder was grown so Corrupt , that it was not fit to put Arms into their hands . And thereupon , the King first bent his care to amend the Publick Discipline ; and so he reduced the Order of Priests to their Ancient Parsimony , by severe Laws , in regard they had left off Preaching , and had given up themselves to * Luxury , Hunting , Hawking , and to Courtly-Pomp . He caused the Young Soldiers , who were effeminated with Pleasures , to lye on the Ground , and to Eat but once a day . f Drunkards he punished with Death . He forbad all sports , but those who served to harden both Body and Mind , for the Wars . By these Laws , the Soldiery of the Kingdom were reduced to a better pass . And presently upon , a certain Islander , named Evenus , whom he himself had made Governour of Loch-Abyr , a Man of an unquiet Spirit , and Ambitious of Dominion , rose up in Arms ; who , knowing , That the Youthful Fry of Soldiers could not well bear the Severity of these New Laws , First , gathered together a small Number , and then a greater , complaining of the present State of Things . And when he found his Discourse was acceptable to them , he easily persuaded them to conspire for the Destruction of Constantine . But , being more active than cautelous in gathering strength to their Faction , they were betrayed by some of their Own , and slain , before they knew any Forces were gathered together against them . g Evenus , the head of the Conspiracy , was hanged . About this time it was , That the h Danes , then the most Potent and Flourishing Nation amongst the Germans , were solicited by the Picts against the Scots , and also by one Buernus , ( or , as others write , Verna , whose Wife Osbreth had forceably Vitiated ) which They , being over-stocked with Youngsters at home , easily assented to , and so they transported themselves , in a great Navy , into Britain . Their first Descent was in Fife , there they slew all they met , without distinction , out of Hatred to the Christian Religion ; and dividing their Army , they spoiled the Country two several ways . Constantinus drew forth against them , and first he set upon that Brigade , which Hubba , Brother to the Danish King , commanded ; who , being hindred to joyn with their Fellows , by the sudden swelling of the River Levin , were there easily overcome and slain , except a few of his Men , who could swim over the River , who fled to their other Commander , called Humber . Constantinus followed after them , as to a Prey , not a Battel , and overtook them not far from the Town of * Carail , but not before they had well fortify'd their Camp. For the Danes , being very provident after their late unhappy Fight , had made a kind of Defensive Fortification , upon some small Winding Rocks , near the shore , by heaping up a parcel of Stones together , which lay thereabouts . In that posture , Constantine assaulted them ; where , by reason of the Incommodiousness of the place , and the Desperation of the Danes , he paid dear for his Rashness ; for he lost a great Part of his Army , he himself being taken Prisoner , and haled into a little Cave , hard by , was there slain . There are some Monuments of this Fight remaining to this day , as the Cave , the Circumference of their Camp , which was not cut out regularly , or by equal spaces , but turning and winding according to the Bending of the Rocks . Some lay the blame of this unlucky Accident upon the Picts , who , being admitted into Constantines Fealty and Army , were the first that ran away , and drew the greatest Part of the Army after them . The Danes gathered up the Spoils , and departed to their Ships . The Kings Body was found the day after , and carried to the Sepulchres of his Ancestors in the Island Icolumb-kil . He possessed the Kingdom sixteen Years , and died in the Year of our Lord 874. Ethus , The Seventy Second King. HIs Brother , Ethus , succeeded him , from the Swiftness of his Feet , Sirnamed Alipes , he was elected King upon no higher , or other , Account , but because he gathered together the Relicts of the Army , which was scattered by the Danes . Amongst the Prodigies of his Time , they reckon those Sea-Fishes then appearing , which are seldom seen , and not after long Intervals of Time , but they never appear but in Sholes , nor without some unlucky Presage . The Common People call them a Monachi-marini , i. e. Sea-Monks ; others give them the Title of Bassineti , i. e. Hooded , or Helmered , Fish. b Ethus , being unmindful both of his Brother and of his Ancestors , giving up himself to all manner of Vices , and drawing the young Soldiers , easily seduceable , along with him , was taken Prisoner by a Combination of the Nobles , made against him ; and , after all the flagitious Acts of his Life had been declared to the People , in a long Speech , he was forced to abjure the Government , in the second Year of his Reign . Three days after , he died in Prison , for Grief . That which chiefly offended the Martial Men , was , his slothful Unactiveness ; because , that when the Danes were at War with the English , and many bloody Battels had been fought between them , yet he never bethought himself of the recovering the Country , he had lost ; nor would he suffer himself to be put in mind thereof , by others . Some write , that he was not inforced to relinquish his Kingdom , but that he was wounded in a Combate by Gregorius , who was emulous of the Kingdom , and that he died Two months after ▪ Anno Christ. 875. Gregorius , The Seventy Third King. GRegorius , the Son of Dongallus , was set up in his stead ; a Man of a Royal Spirit , in whom no Virtue , requisite in a King , was wanting . First , he reconciled all those to him , who were against him in suing for the Kingdom ; and then , he proceeded to compose the Discords of the Nobles amongst themselves ; He so tempered the Severities of his Government with Affability , that he did more with his Subjects by Love , than by Fear ; He restored the Old Laws , concerning the Immunity of the Ministers of the Church , ( who were but in the nature of Slaves , under the Picts ) or else he made New , to the same purpose . His first c Expedition was into Fife against the Picts , left there by the Danes , whilst they were employing their Arms against the English. He drove them not out of Fife only , but out of Lothian , and Merch , too . The Danes , when he came to Berwick , fearing , if they should have any Misfortune , the English also would be upon their backs , durst not join in a Field-fight with Gregory ; but sent Part of their Forces over the River into Northumberland , commanding them to join with a small Brigade of their Country-men , who had gathered themselves together , and were newly landed , there ; The Rest of them enter'd Berwick to strengthen the Garison there . But the English , who were , but unwillingly , under the Command of the Danes , ( as being Men of a different Religion from them ) gave admission to the Scots in the night , by which means all the Danes were put to the Sword. From thence , Gregory marched into Northumberland , and fought a prosperous Battel against Hardnute , wherein he made so great a slaughter of them , that their Numbers , which were lately formidable to all Britain , were mightily diminished , partly by Gregory of Scotland , and partly by Alfrid of England . Gregory took in all Northumberland , and gave free leave to those English to depart , who were willing so to do ; to the rest , he very courteously distributed Lands . The greatest part of the English staid behind , partly out of love to their native Soil , partly by reason of the Kings Bounty to them ; and partly also , for fear of their Enemies . For , seeing they had now , for many years , had several cruel Fights with the Danes , the Victory being many times uncertain , Many of the English chose rather to be under the Dominion of the Scots ; who , though formerly Enemies , were yet Christians , than either to fall into the power of the Bloody Danes ; or , to hope for uncertain Aid from their own Countrymen ; especially , since things were in such an hurly burly over all Britanny , that the English knew not which Party to succour , first . After he had so chastised the Danes , that he expected no more Trouble from them , he turned his Arms upon the Brittons , who , as yet , held some of the Scotish Dominions ; with These also he made Peace , they restoring the the said ●ands , and promising to assist him against the Danes , if they did return ; Whereupon , he disbanded his Army . But the Brittons , after their return home , repented of the Peace they had made ; and entring Scotland again in an hostile manner , they were driving away a great Booty , but Gregory met them at * Loch-Maban , and , after a bloody Fight , overthrew them , Constantine , their King , being also slain . The Brittons , having received this fruit of their ill Counsel , made Hebert , the Brother of Constantine , King , and then began to think , in what a dangerous Case they were , having the both the Scots and Danes their Enemies ; and their Alliance with the English seldom long-lived . Hereupon , they sent Embassadors to the Scots for Peace , who would not hearken thereunto , unless d Cumberland and Westmorland were restored to them , which was done , and the Peace made on those Conditions . About the same time , there came also Embassadors from e Alured of England ; partly , to Congratulate the Victory over the Danes , which ought ( said they ) to be justly acceptable to all Christians ; and partly , to enter into a new League against all the Enemies of the Christian Faith and Religion . Peace was concluded on these Conditions ; That they should oppose a Foreign Enemy with their joynt Forces , if they made a Descent into the Borders of either People ; and that the Scots should quietly enjoy what they had got from the Danes : Peace being concluded , on those Terms , and a League made and Establish'd , word was brought Gregory upon his return , That the f Irish had made an Irruption into Galway . The Cause of the War was pretended to be , because the Men of Galway had hostilely seized upon , and Plundered some Galleys , driven on their Coasts , belonging to the Inhabitants of Dublin , a City in Ireland . The Irish , hearing of Gregory's coming , retired presently in fear with their Prey to their Ships ; and Gregory , with a good Navy , and strong Army , as soon as he could with conveniency , transported himself into g Ireland also . Duncan , or Donatus , or rather Dunachus , was , at that time , their King ; but being under Age , Brienus and Cornelius , Two of the powerfullest of the Nobility next to him , had divided the whole Land into Two Factions . But patching up a Truce at the Arrival of a Foreign Enemy , they pitched and fortify'd their Camps , apart , near the River Bann , a Place which seemed convenient enough for that purpose . Their End in so doing , was , to take off the Edge of Gregorys Valour by delay , and to force him to withdraw his Army from a Foreign harassed Country , for want of Provisions . Gregory smelt out their Design , and therefore , very secretly , in the Night , he sent part of his Army to seize upon an ●ill which was , as it were , over Brienus's head . The Day after , when the Battel was joyned , in the Heat of the Fight , they threw down mighty Stones into his Camp , which crushed many of his Men to pieces , and so terrify'd the rest , that their Ranks were broken ; and in a confused manner , they fled away . Cornelius , hearing of the Event of this Fight , withdrew his Army without striking a stroke into Places of greater safety . Brienus was slain in his Camp ; the rest had Quarter given them , as much as might be , by Gregorys command . Whereupon , he marched over the Country without any Depopulation at all , which Lenity occasion'd many rather to submit themselves to the Mercy of the King , than to try it out by Force . The fortified Towns were strengthened with Garisons . Gregory reduced h Dundalk and Drogheda , Two strong places , made so both by Art and Nature ; and then determined to march directly to Dublin . But , hearing that Cornelius , General of all the Irish Forces , was coming against him with a great Army , he turned aside , fought with , and overthrew , him , following the Chase as far as Dublin , which he besieged . But there was not Provision enough in the City for so many People , as had fled thither ; so that , in a short time , it was surrendred to him by Cormachus , the Bishop of the City . Gregory , at his entrance into it , did no prejudice at all to any of the Inhabitants ; but Visited King D●ncan , his Kinsman , & protested , that he came not thither out of an Ambitious desire to take away the Kingdom from him , or to amass up Riches for himself ; but only to revenge the Injuries he had received . Hereupon he committed the Care of the Young King to such of his Old Counsellors , as he judged most faithful to him ; and himself bore the Name of his Tutor or Guardian , till he came to be of Age : He also put Garisons into the Forts , and exacted an Oath from the Nobility ; That they should admit neither English , Dane , nor Britton into the Island , without his Permission : He appointed Judges in convenient Places , who were to judge betwixt Man and Man in matters of Controversy , according to the Laws of the Country ; and receiving Sixty Hostages for the performance of these Conditions , he returned home in Triumph . The Fame of his Justice made the Peace firmer for the future , than any Terror of Arms could have done . Having thus managed Matters both at home and abroad , he departed this Life in the Eighteenth Year of his Reign , being no less eminent for his Justice and Temperance , than for his Valour : So that he was justly Sir-named , by his Countrymen , Gregory the Great . He died A. 892. Donaldus VI. The Seventy Fourth King. DONALD , the Sixth of that Name , the Son of Constantine , the Second , was made King , next after Gregory , having been recommended by Gregory , before his Death , to the Nobility . He deceived not the Opinion , which Men had conceived of him , i. e. That he was a very prudent Prince ; for he Loved Peace no otherwise , but that therein he always prepared for War. And when , for a long time , he had no Enemy to encounter with , yet he took care , that the Soldiery should not grow too Luxuriant , being corrupted by Ease & Rest ; and so made inclineable to run into all manner of evil Practices . When a new Army of Danes drew near to the Coasts of Northumberland , and Anchored there for some days , without prejudicing any body , Donaldus gathered an Army together , and , being watchful over all opportunities , went to guard that Province . But , hearing , that the Danes had made a Descent upon the Country of the English , he sent Aid to King Alured , who fought a bloody Battel with the Danes . Yet , after the Battel , he was content to admit them into Part of his Dominions , i provided , they would turn Christians . Peace was made on those Terms , the Army disbanded , and a new home-bred Commotion entertained Donaldus at his return . Their happened so great a Feud betwixt the Rossians , and the Merch-men , caused by some small Robberies at first , that more were slain by occasional Combats , than if they had met in a pitched Battel . Donald marched thither , and , having slain the Heads of the Factions , restored Peace to the rest . Iohannes Fordanus , a Scotish Chronologer , says , That in this Expedition he dyed at * Foress , not without the suspition of Poison ; But Boetius affirms , that he return'd to Northumberland , to see , what would become of the Peace he had made with the Danes ; of whom he was always suspitious ; and that he dyed there , after he had Reigned Eleven years . His Memory was precious both to Rich and Poor . His Death was A.C. 903. Constantine III. The Seventy Fifth King. CONSTANTINE , the III. the Son of Ethus , was substituted King in his room ; a man of no ill Disposition , and yet not constant in Good , neither . The Danes , who could incline Gregory and Donald , the Two last Kings of the Scots , by no Promises or Persuasions , to take Arms against the English , which were then Christians ; Now they easily wrought upon k Constantine by Gifts , and by the vain Hope of enlarging his Dominions , to make a League with Them , which lasted scarce Two years , but the Danes , deserting the Scots , struck up a League with the English. This League had scarce continued Four years , before Edward of England gathered an Army speedily together , and spoiled the Danes Country ; whereby they were reduced to such 〈◊〉 , that they were enforc'd to return to the Scots , whom they had lately deserted ; To whom they Swore most Religiously , That they would for ever after observe the Amity , most inviolably , betwixt Them. This Second League is reported to have been entered into with great Ceremony , in the Tenth Year of Constantines Reign . He gave , the same year , Cumberland to Malcolm , Son of the last King , which was as an honourable * Omen to him , that he should Reign after him . And afterwards the same Custom was observed , by some succeeding Kings , to the manifest disanulling of the old way of Convening the Estates , whose Free Suffrages ought not to have been thus abridged ; but this was like the Designation of the Consuls , by the Caesars , which put an end to the Roman Liberty . A War being now commenced between Edward , the Son of Alured , and the Danes ; Constantine sent Aid to the Danes , under the Conduct of Malcolm . He joyned his Army with the Danes , and being Superior in number , they harassed the adjoyning Countries of the English , and made great Devastation , wheresoever they came ; to the end , that they might force the English , who had a far less numerous Army , to Fight : Yea , they were so arrogantly confident of their Numbers , that , they thought , their Enemy would never so much as look them in the Face ; so that now , as secure of the Victory , they began to talk of dividing the Spoil . But , as Prosperity doth blind the Eyes of the Wise ; so Adversity , and the foresight of Danger , is a good Schoolmaster , even to the weaker side ; What the English wanted in strength , they supplyed in Cunning and Skill ; Their Army was well seconded with Reserves , and so they began the Fight ; the First Ranks , being commanded so to do , give ground , and pretend a Discomfiture and Flight ; that so , their Enemies following them in disorder , they might again return upon them in that straggling posture : Athelstan , the Base-born Son of Edward , was General of all the English Forces , as our Writers affirm ; and Grafton also says the same thing : They make this Athelstan guilty of Parricide , for killing his Father , and his Two Brothers Edred and Edwin , whose Right it was immediately to succeed their Father , in the Kingdom : Fame doth increase the Suspicion , that Edward was violently put to death , because it accounts him a Martyr . For that Fact he was hat●d ▪ and therefore , to recover the Favour of the People , by some eminent Undertaking , he determined to expiate the Blood of his K●nd●ed , by shedding That of his Enemies ; And thereupon , after he had fought stoutly a-while , he gave Ground , by little and little , but afterward in greater Fear and Confusion , as if he intended absolutely to run away . The Danes and Scots , supposing themselves Conquerors , were unwilling to make any brisk pursuit , lest the Cowardliest of the Soldiers should enjoy all the Prey ; and therefore , they returned to plunder their Camp. Hereupon , Athelstan gave a Signal , and the l Eng●ish , returning to their Ensigns , set upon them as they were scattered and laden with Booty , and killed them , like Dogs . The greatest part of the Scotish Nobility was lost in this Fight , who chose rather to dye on the spo● , than to undergo the Ignominy of deserting their Companions . Malcolm , being much wounded , was carried off the Field , by his own Men , and sent the doleful Tidings of the loss of his Army to King Constantine ; neither was the face of things more pleasant amongst the Danes . Athelstan , during this Astonishment of his Enemies , took m Cumberland and Westmerland from the Scots ; and Northumberland , from the Danes . * Constantine , having not force enough neither to wage War , or to carry on matters in Peace , called a Convention of the Estates , at Abernethy , and willingly resigned the Kingdom , and betook himself to the * Culde● , ( certain Hermits , so called , living in Cells ) Worshippers of God , ( for so the Monks of that Age were called ) as into a Sanctuary , amongst whom he lived the rest of his life at St. Andrews . Here the English Writers , who are profuse enough in their own Praises , do affirm , That Athelstan was the Monarch of all Britanny , and that the rest , who had the Names of Kings , in Albium , were but precariously so ; and his Feudataries only , as taking an Oath of Fidelity to him , as the supreme Lord. And they introduce many ignoble English Authors , as Favourers of that Opinion : And , to procure the greater Credit thereunto , they add also Marianus Scotus , an Illustrious Writer , indeed . But here I desire the Reader to take notice , that there is not the least mention of any such thing in that Edition of Marianus , which was Printed in Germany ; but if they have another Marianus , different from him , who is publickly read , and interpolated or foisted by them , let them produce him , if they can . Besides , they , being Men generally unlearned , do not in some Places sufficiently understand their own Writers , neither do they take notice , That Bede , William of Malmesbury , and Geffrey of Monmouth do commonly call that part , Britain , over which the Britains ruled , i. e. That within the Wall of Adrian ; or , when they stretched their Dominions furthest , within the Wall of Severus ; so that , the Scots and Picts are oftentimes reckoned by them to be out of Britain , and not seldom are called Transmarine People . And therefore , when they read , that the English sometime Reigned over all Britanny , they understand the Authors so , as if they meant all Britanny , i. e. Albium or Albion , whereas they do often Circumscribe Britanny within narrower limits , as I have said before ; But of this I have spoken more largely , in another place . To return then to the Affairs of Scotland . Malcolm I. The Seventy Sixth King. COnstantine having retired himself into the Cloyster of the Monks . Malcolm , the Son of Donald , was declared King. Athelstan being dead , and his Brother Edward Reigning , Cumberland and Westmerland revolted from the English , and returned to their old Masters . Moreover , the Danes , who remained in Northumberland , sent for Avalassus , their Countryman , of the Royal Progeny , who was Banished into Ireland , to make him King ; Edmund , foreseeing , what Clouds of War were gathering over his Head , yielded up Cumberland and Westmerland to Malcolm , upon this Condition , That he who should next succeed in the Scotish Kingdom , should take an Oath to the King of England , as the Lord Paramount of that Country . Afterwards , he easily reduced the Danes , who had been afflicted with so many Calamities : Neither did he long survive his Victory . The English chose his Brother Edred , King after him ; against whom , the Danes , who possessed Northumberland , and never cordially observed any Peace made with the English , did rebel , and took from him many strong Places , whilst he was busied in other parts of his Kingdom , and principally , York ; but he overcame them , by the assistance of 10000 Scots ; Malcolm returning home , gave himself up wholly to the Arts of Peace ; And , to cure the Inconveniencies occasioned by the Wars , especially Luxury and Bribery , he himself did ordinarily Visit all the Scots n Courts of Judicature , once in two years , and administred Justice with great Equity . At length , whilest he was busie in punishing Robbers , and in restraining the lewd Manners of the younger sort , he was o slain by some Conspirators of Murray-Land , in the night , in the Fifteenth year of his Reign . The Perpetrators of that Villany were , with great diligence , sought after , and found out by the Nobles , and , being apprehended , were put to several exquisite Deaths , according to every ones share of demerit , in committing the Parricide . Indulfus , The Seventy Seventh King. INdulfus Reigned after him , who , having setled things in Peace at home , lived seven years after in great Tranquillity : But in the Eighth year of his Reign , the Danes , taking it amiss , that the Alliance with the English was preferred before Theirs , and that a perpetual League was made between the two Kings against them , came with a Navy of 50 Ships into the Firth of Forth , when the Scots little expected any such thing , insomuch , that they had almost surprized , and overthrown them , unawares . In such a sudden emergency , all were full of fear and amazement , insomuch that some carried their Goods into the midland Country , as a place of more safety ; others came to the Sea-side , to hinder the Enemies Landing . Hago and Helricus were the two Admirals of the Fleet. They endeavoured , first to Land in Lothian , and afterwards in Fife , but in vain ; then they essayed to enter the Firth of the River Tay , but there also they were hindred from making any descent on Land ; so that they Coasted about the Sea-Coasts of Aeneia or Angus , of Mern , Marr , and Buchan , but , in all places , being hindred from Landing , they hoisted their Sails into the Main , as if they intended to return home . But within a few days , when all was secure , they came back again , and having gotten a convenient place in Bo●● , at the Mouth of the River Cullin , they there p landed their Men without opposition , before the Country People could give any alarm of their Arrival . When Indulfus heard of their landing , he marched towards them , before they could well have any notice of his coming ; and first , he set upon the straggling Plunderers , and drove them to the rest of their Army , but made no great Slaughter of them , because the Camp of the Danes was near , for them to retreat to . When the Armies came in sight of each other , they both set the Battel in array , and fell to it with equal force and courage : Whilst they were thus fiercely fighting , Grame and Dumbar , with some Troops of Lothian-Men , appeared on the Rear of the Danes , which struck them into such a Pannick fear , that they all run away , some to their Ships , others to unknown places , whithersoever the Fear of the Enemy drove them : But a great part of them cast themselves into a Ring , in a Woody Vale , and there waited for an occasion of acting valorously , or dying resolutely . Indulfus , as if his Enemies had been wholly overcome , rode up and down with a few Attendants , and , casually lighting on them , was there q slain , at the beginning of the Tenth year of his Reign . Some say , that he was slain with an Arrow ▪ shot out of a Ship , having disarmed himself , that he might be more nimble in the pursuit , and press the more eagerly upon them , as they were going a Shipboard . Duffus , The Seventy Eighth King. AFter his Death , Duffus , the Son of Malcolm , got the Kingdom ; in the beginning of his Reign he made Culenus , Son of King Indulfus , Governour of Cumberland , and sent him into the Ae●●dae , which were then in War and Disorder , by reason of the frequent Robberies committed there . For the young Soldiers of the Nobility , having got a great Pack of their Fellows about them , made the Common People tributary to them : imposing a pecuniary Mulct on every Family , besides Free-quarter ; and yet Culen●s dealt not harmer with them , than with the very Governors themselves of the Island , who ought ●o have restrained such outrages . He commanded ; That , for the future , They , by whose negligence , these disorders had happen'd , should make Satisfaction to the Commonalty , and also pay a Fine to the King. This Injunction strook such a Terror into these Idle paltry Fellows , that Many of them went over into Ireland ; and there got their Living by their Daily labour . As this matter was acceptable to the Commons , so it was as offensive to the Noble Allies of Those , who were Banished , and to many of the younger sort , who did approve that idle kind of Life . These Men , r in all their Meetings and Assemblies , First secretly , Afterwards in the presence of a Multitude of such as applauded them , began openly to revile their King ; alleging , That he despised the Nobility , and was drawn away , and seduced , by the Counsel of sorry Priests ; That he put Men of Gentile Extraction , to Servile Offices ; That he advanced the most abject of the People to the Highest Honours ; That , in fine , he made such Medleys , as to turn all things Topsy-Turvy . They added farther , That , if things should continue at that pass , either the Nobility must transport themselves into other Countrys ; or else , must make them a new King , who might Govern the People , by those ancient Laws , whereby the Kingdom had arrived to that height , out of so small beginnings . Amidst these things , the King was assaulted with a new and unusual Disease , no evident cause thereof appearing , so that , when all Remedies had been tryed in vain , a Rumour was spread abroad , by I know not who , that he was bewitched ; the suspicion whereof arose , either from some Indications of his Disease , or else because his body did waste and pine away by continual sweating , and his strength was so much decay'd , that the Physicians , who were sent for far and near , knew not what to apply for his relief . Thus , no Common causes of the disease discovering its self , they had recourse to a Secret one . And whilst all were intent on the Kings Malady , at last News was brought , That Nightly Assemblies and Conspiracies were made against him at Foress , a Town in Murray : The Report was taken for truth , there being nothing to contradict it : Whereupon , some faithful Messengers were sent to Donald , Governor of the Castle , in whom the King confided much , even in his greatest Affairs , to find out the truth of the matter . He , by the discovery of a certain Harlot , whose Mother was noted for a Wizard , detected and discovered the whole Conspiracy . For the Young Girl , having blabbed out , a few days before , some words concerning the Sickness and Death of the King ; being apprehended , and brought to the Rack to be tortured , at sight thereof , presently discovered , what was designed against the Life of the King. Whereupon some Soldiers were sent , who found the Maids Mother and some other Gossips , Roasting the Kings Picture , made in Wax , by a soft Fire ; Their design was , that , as the Wax did leisurely melt , so the King , being dissolved into a Sweat , should pine away by degrees ; and when the Wax was quite consumed , then , his breath failing him , he should presently die ; when this Picture of Wax was broken , and the Witches punished , in the same Month the King was freed from his Disease , as some say . These things I deliver , as I receiv'd them from our Ancestors : What to think of this sort of Witchcraft , I leave to the Judgment of the Reader , only minding him , That this story is found amongst our Ancient Archives and Records . Amidst these things , the fear of the King be●ng laid aside , because they hoped he would shortly die , many Robberies and Murders were committed , every where . Duffus , having recovered his strength , followed the Robbers thro' Murray , Ross , and Caithnes , and slew many of them , at occasional Onsets ; but he brought the Chief of them to * Foress ; That so , their Punishment might be the more conspicuous , in that Town . There Donaldus , Governor of the Town and Castle , Petitioned the King to pardon some of his Relations , who were of the Plot ; but , being denied , he conceived great Indignation against the King , as if he had been highly wronged ; whereupon , he was wholly intent on Thoughts of Revenge ; for he judged , That his deserts from the King were so great , that , whatever he asked of him , he ought not to be denied : And besides , the Wife of Donald , seeing some of her Kindred too , were like to suffer , did further inflame the , already disaffected , Heart of her Husband , by bitter words ; Moreover exciting him , to attempt the Kings Death , affirming , That , seeing he was Governor of the Castle , The Kings Life was in his Power ; and , having that Power , he might not only perpetrate the Fact , but conceal it , after it was committed : Hereupon , when the King , tired with business , was sounder asleep than ordinary , and his Attendants , being made Drunk by * Donald , were in a Dead-sleep also ; he sent in Assassins , no man being aware , and , after they had Murdered the King , they carried him out so cunningly , a back way , that not so much as a drop of Blood appeared ; and so he was buried two Miles from the Abby of * Kinloss , under a little Bridge , in a blind place , having Grassy-Turfs of Earth cast over him , that there might be no sign of any Ground , that was digg'd up . This seems a more likely story to me , than what others write , that the course of the River was turned , and so his Body was cast into a hole at Bottom ; but when the Waters were returned again to their own Chanel , then his Grave , such as it was , was covered . Also the Actors of that bloody Fact were sent away , because there is an * Opinion , received from our Ancestors , which as yet obtains amongst the Vulgar , That blood will Issue from a dead Body , many days after the party was murdered , if the murderer be present , as if the fact had been but newly committed . The day after , when the Report was spread abroad , that the King was missing , and that his Bed was besprinkled with blood , Donald , as if he had been surpriz'd at the atrocity of the Fact , flys into the Kings Bed-Chamber ; and , as if he had been mad with Anger and Revenge , he slew the Officers appointed to attend him ; after that , he presently made diligent inquiry every where , if any discovery of the dead Body might be made . The rest , being amazed at the Fact , and afraid too of their own selves , returned every one to his own house . Thus this Good King was wickedly slain , in the Flower of his Age , after he had Reigned 4 Years and 6 Months ; and as soon , as they conveniently could , the Estates Assembled to create a New King. Culenus , The Seventy Ninth King. CVlenus , the Son of Indulfus , being made King by the Assembly of the Estates ; the next Thing , there done , was , the questioning the Murder of King Duffus ; and they made the more haste to examine that Affair , * because of some Prodigies , that had hapned , of which one seemed properly to respect the very Fact. An Hawk was slain , truss'd by an Owl , and his Throat cut by him ; The other Prodigy was also referred to the same thing , in the interpretation of the Vulgar ; For six whole months , after the Murder was committed , extraordinary Fires appeared in the Element , the Air was agitated with extraordinary Winds ; Yea , the Heavens were so coloured and enveloped with Clouds , that neither Sun , nor Moon , could be seen in Scotland , all that time . Hereupon , all Men were intent to revenge the good Kings death ▪ and , to that purpose , Culenus went into Murray , hoping to find some surer Discoveries of the Murder upon the place , where it was committed . Donald , hearing of his coming , and being conscious to himself of his Parricidal and Nofarious Cruelty , of which also his over-curious , and seemingly wild , Inquisitiveness , made in search after the Authors thereof , rendred him more suspected , procured a Ship at the mouth of the River Spey ; wherein , with some others , he embarked himself , unknown even to his Wife and Children . This he did out of fear , lest the Truth should have been extorted from him , by the Rack . This his hasty flight , his dejected Countenance , ( as it was observed ) his few Attendants , his trembling at his entrance into the Ship , which was but casually riding there , without any preparation for his Voyage ; did raise so great a suspicion upon him in the minds of all , who were present , that they forbore not to vent all manner of Contumelies against him , calling him an Impious , Sacrilegious , Fellow , and a Paricide , and what other foul terms of reproach their inflamed anger could suggest . They added also , That , though he had prevented the coming of the King , yet he could never avoid the Vindictive Providence and Judgment of Almighty God. In a word , they followed him with all the Execrations , which the highest Indignation did offer to provoked Minds , even till the Ship was quite out of sight . When Culenus heard of his hasty flight , he speeded his march thither , where he apprehended the Wife of Donaldus , and his three Children ; and , for fear of Torture , compelled them to discover the whole Series of the Conspiracy ; as also how , by whom , and where the Body was buried ; and that she her self was not only privy to the Murder , but also a fellow-actor in it , and a persuader of her Husband , thereunto . When the People heard this , ( for she was publickly Tried ) the Magistrates could hardly dissuade them from tearing her to pieces . The day after , Donaldus , having been tossed some days , with contrary Winds at Sea , was Shipwracked and cast ashore , and being brought to the King , * he and all his underwent their most deserved punishments . They who brought him to the King were liberally rewarded , his Castle was burnt , and all that were therein were slain . And the Body of Duffus was honourably interred amongst his Ancestors . As these things did highly ingratiate Culenus to those who were good ; so the remaining part of his Life did accumulate so much Odium on him , as never any King , before him , ever laboured under . For , whether induced by his own Nature , or urged for fear of Danger , ( as he would have it thought ) he suffered the severity of the Discipline , used under Indulfus and Duffus , to grow cold and remiss ; and permitted the younger Tribe , being given up to unseasonable Debauchery , and Foreign Delights , to run into those Licentious practices , which were forbid by the Laws ; till , at last , they broke forth into open Violence and Robbery . And when he saw the greatest part of the young Nobility addicted to those Vices , he also immerged himself in the same , so that he abstained not from vitiating Noble Matrons , and even Religious Nuns , ( which , in that Age , on the account of their Chastity , were had in great Veneration ) no , nor from his own Sisters or Daughters , neither ; nay , he kept Troops of other Harlots , hired by his Panders , in his Court , as in a Brothel-house . When he was admonished , and put in mind of these things , by Wise and Prudent Persons ; on the behalfe of the young Nobility , he answered , That something was to be indulged to their Age ; and as for himself , thô he confessed , That , some things were amiss , yet he was forced , out of fear , to tolerate them : For , I remember , said he , what great Calamity the unseasonable Severity of the former King brought , not only on himself , but on the whole Kingdom also : That the Nobility were the Stay and Prop of the Throne ; That it was not true , that the Martial Spirits of Men were always broken by this free kind of Life , or made low and abject ; nor , That the Thoughts of Arms were so neglected by them in Peace , as if they expected , That there would never be any more War at all . 'T is true , ( proceeded he ) The Luxury of Youthful Age is so far to be restrained , that it proceed not too far , that so the good Seed of Ingenuity might not be choaked ( as it were ) by overmuch jollity , in the very bud ; yet , it is not wholly to be abridged , or taken away , lest the Seeds of Virtue should be plucked up together with it . When the Nobles heard this his Defensatory Plea ; and perceiving , they could do no good upon him , by their Persuasions , but rather create trouble to themselves , if they should use the same liberty of Speech to him in their Rejoynders , they withdrew themselves from the Court , fearing , lest they should be compelled to be Witnesses , yea , Partakers also , of these facinorous Practices , the sight and hearing whereof they did detest , and abhor . The King , being freed from such troublesom Interposers , gave up himself wholly to Wine and Women . He proposed Rewards to those , who could invent any new kind of Pleasure , thô never so sordid and detestable ; His Court was filled , Night and Day , with wanton Songs and the Huzza's of Drunkards ; So that , Intemperance and Impudence were as much praised by him , as Modesty and Chastity are wont to be esteemed by Good and Pious Princes . Those Evils , which , thô allowed , or connived at , by the Law , in other Men , yet are acted by Them in Secret , were here openly committed , without Shame . The young Nobility , being thus Effeminated by Pleasure , and a Multitude of Parasites and Flatterers with them , extol the King to the Skies , as if he were the very First of their Kings , who had joyned Splendor and Magnificence with Authority ; as tempering the Severity of his Government with Lenity , and easing the burdens of Care and Labour , by some Relaxation of Spirit and Allowance of Delight . Now , to continue these Luxuriant courses , there was need of great Expence , and therefore the wealthier sort were Fined upon fained Accusations ; and the Plebeians were suffered to be preyed upon , and harassed with all sorts of servile Offices . He that was not pleased with the present state of things , was accounted a barbarous Country-Clown ; or , if he seemed to be of an higher Spirit than ordinary , he was presently accused by a company of Informers , as if he studied Innovation in the State. After 3 Years were spent in this flagitious Liberty , when Men were silent , out of Fear , or S●oth , * Luxury began to be a punishment to itself . For when the King's Strength was exhausted by immoderate Lust ; and his Body had contracted Deformity by excessive Banquetings , those Diseases followed , which are wont to be Companions of such Vices ; so that there remained nought but a rotten Carkass , fit for nothing but to ●ear the Punishment of his former mispent Life . The King being thus disabled for all Functions of Life , the strength , both of his Body and Mind , being enervated , and weakened by Intemperance , and his Courtiers also following the same practices , some A●●●●cious Fellows , being encouraged by hopes of Prey and Impunity , committed publick Robberies and Murders , regarding neither the Plebeians , as being Men of poor Servile Spirits ; nor the Courtiers , as Persons enfeebled by Luxurious wickedness . Hereupon , the founder Part of the Nobility , being encompassed with a double mischief , and therefore enforced to look to the Main , called an Assembly of the States at Scone . * The King also was willed to be there , That he might consult in common with the rest , in such a dangerous Juncture of Affairs , for the Publick Safety , He , being inwardly struck at this Summons , and , as it were , awakned from his drowzy Sloth , began to advise with his Confederates , What a Man , in such streights , were best to do ? And , thô he knew not , how to make any Resistance , nor yet , how to fly away ; and , thô his Mind also presaged no good to him , yet he resolved to go to the Assembly . And , as miserable Men are wont to flatter themselves in Adversity , so he did not altogether Despair , That he , either out of Pity , or out of Respect to his Fathers Memory , should procure some Favour , that he might not be suddenly cast down from so great a Dignity , to an Abyss of Misery . In his Journy to Scone , having a Train big enough , but unarmed , and dispirited , about him , he was slain at a Neighbour Village called * Methvin . by the * Thane , or Sheriff of that Country , because he had forceably vitiated his Daughter . When his Death was made known , thô all Men were well pleased to be freed from such a Monster , with less trouble than they supposed they should , yet the Perpetration of the Fact by Roharans , or Rodardus , the Thane , was very much disliked by all People . He Reigned , as the former King did , 4 Years and 6 Months . Kennethus III. The Eightieth King. KENNETHVS , the Brother of Duffus , and Third of that Name , succeeded Culenus : He , being contrary to the former King , in his Disposition , Manners , and the whole course of his Life , used as much diligence in amending the Lives of the younger fort , as the other had done in corrrupting them ; thô , herein his Task was the greater , in regard , Men are carried headlong to Vices , with a greater Propension of Mind ; but the way to Virtue is by a s●eep Ascent . And indeed , This was the Thing , that gave the chief Occasion to the Opinions of some Philosophers , who contended , That Man was Naturally made to enjoy Pleasure , but that he was h●●ed to Virtue , as it were , violently , and against his own Inclination . I grant , Both parts of the Dilemma are false ; but , perhaps , the Original of the mistake , was , from hence , That , seeing there is a double Power of Nature in Man , One of his Body , the Other of his Mind ; the Vigour of the Body se●●s to exert itself , sooner and quicker than That of the Mind ; And , as Plants do first send forth Stalks , Leaves , and Flowers , pleasant to behold , before the Seed begins to be formed in its proper Pod and Receptacle ; but when the Seed ripens , all those other things fade , and at last wither away ; so our Bodies do grow Youthful , before the Virtue of our Mind , ( which is yet but weak and tender ) can exert its force , but as the Members do grow Old by degrees , so the strength of Mind and Judgment doth more and more disclose it self : And therefore , as in Corn , we restrain the Luxuriant growth thereof , either by causing it to be Eaten up , or by cutting its over-rank Blade down ; so in Young Men the Law supposes , That the forwardness of Wit , which overhastens to shew it self , should be restrained by careful Culture , until growing Reason may be able , of it self , to repress the Violence of the , now infirm , Body . But to return to Kennethus . * He , well knowing , That the Commonalty do usually comply with the Humour of their Prince , and do diligently imitate what he Loves , first , did form a good discipline in his own Court and Family , that so he might express in Deeds , what he commanded in Words ; and , as he propounded his own Life to be an Example to his Houshold ; so he would have the Manners of his Domesticks to be exemplary to others . He first purged his Court from all Ministers of Lust and Wickedness , that so he might more Justifiably do the same in other parts of his Kingdom : Whereupon , he resolved to travel over the whole Country , to Indict Assemblys , for the preventing and punishing of Thefts , Murders , and Robberies , for the encouraging of Men to Labour by Rewards , and for exhorting them to Concord by alluring Speeches , that , by this means , the Ancient Discipline might be restored . But , in the Execution of this his purpose , he found greater difficulty than he imagined , for the Major part of the Nobility , either had Guilty Consciences themselves , and so feared their own Personal Punishments ; or else , were Allyed in Blood to Those , who were Guilty ; And therefore , the First Assembly being Indicted at * La●erick , a Town of Clysdale . They , who were Summoned to appear , being forewarned of their Danger by their Kindred , some of them fled into the Aebudae Isles ; Others , to other Parts , infamous for Robberies . The King , understanding the Cheat , and being not ignorant of the Authors of it , dissembled his Anger , and dissolved the Assembly ; and so passed , with a few of his Confederates , into Gallway , as if he were to perform a Vow , he had made , to St. Ninian . Being come thither , he consulted with Those whom he judged most faithful to him , What was to be done , in such a case . The Result was , That a Convention of all the Nobility should , the next Year , be held at Scone , upon pretence of some considerable Matters to be advised upon , concerning the Good of the whole Nation , in General ; That there the Heads of the Factions might be apprehended without any Tumult ; and when they were Imprisoned , their Clans and Tenants might be made to bring in the Malefactors to the King. This Project was judged most adviseable , but it was kept Secret , and communicated but to few , until the meeting at Scone came . There the King had caused his Servants to prepare Soldiers , and to keep them privately in the next House to his Palace , the day before the States Assembled ; and at the Opening of it , the Nobility , being very Numerous , came , where they were courteously treated by the King : but upon a Sign given , they were immediately beset with Armed Men. They being surprized with Fear , at this sudden Change , the King encouraged them , by a gentle Speech , telling them , That they need not be afraid , for he intended no hurt to any good or innocent Man , and those Arms were not provided for their Destruction but Defence . He farther alleged , how they could not be ignorant , That all his endeavours , since he first came to the Crown , tended to This , That Wicked and Debauch'd Persons might be punished , and the Good enjoy the Estates , either left them by their Ancestors , or acquired by their own Industry ; and besides , might have the quiet enjoyment of those Rewards , which the King bountifully had bestowed upon them , according to every ones Worth and Desert ; and that things might easily be brought to that pass , if they would lend their helping Hands : The last year , ( said he ) when I summoned some o●●he Offenders to appear on a certain day , none at all came ; that failure , ( as he understood ) was not made , so much out of Confidence of their own strength , as of the Assistance of some of their Kindred and Friends , which , if it were true , was dangerous to the Publick , and also very reflective upon such Kindred . Now was the time , when they might redeem both Themselves from Crime , and the Kingdom from being molested by Robberies . This was easy to be done , if those , which were most powerful in every County , would cause the Malefactors to be apprehended and brought to condign punishment , where those Malefactors were , was visible to all . But if they made Excuses , and , having so fair Opportunity to merit well of their Country , were willingly defective to improve it . The King , to whose Care the safety of the whole was committed , could not be excused , if he set them at Liberty , before the Offenders were brought to Punishment , and that This was the End , why he detained them in Custody : And if any one thought , his long durance would be a trouble to him , he might thank himself , seeing it was in his own Power , not only to procure his Liberty , but also to obtain Honour , Reward , and the Praise of all Good Men into the bargain . The Nobles having heard this Harangue , unanimously answered , That they had rather assert their Innocency by Deeds , than Words . Whereupon , they promised him their Assistance , and desired him to lay aside all Suspition , if he had conceived a sinister Opinion of any of them . Upon this their Solemn Engagement , the King told them the Names of the Offenders . The Nobles , by their Friends , made diligent search after them , and , in a short time , they were brought to the King , and punished according to Law. Whereupon , the Nobles were dismissed , having received some Gifts , and many large Promises , from the King ; and the Commonalty also pray'd heartily for their King. Matters being thus composed at home , he faithfully observed the League , made by some former Kings with the English. But this great Tranquillity of all Britain was soon disturbed by the Danes , who appeared with a great Fleet , and Anchored near the Red-Promontory , a Place in Aeneia , or Angus . * They there staid some days in Consultation , Whether they should Land there , or direct their Course towards England , as they intended at first ; Many of them were of Opinion , That it was most adviseable to make for England , an opulent Country , where they might have both Provision enough for their Army , and also some hopes of Auxiliaries and Recruits , in regard that there many of the Danish stock were yet alive amongst them ; and many others stood obliged to them for old Courtesys and Friendships ; and that These , upon the first notice of their Arrival , would presently flock in to them , as of old they used always to do . But , as for the Scots , they were a fierce Nation and very hardy , as Those use to be , who are bred in Barren and Hungry Soiles ; That they never attempted them , without some great and remarkable loss ; and , in the present case , if they overcame them , it would hardly be worth their Labour : But if they were overcome by them , they must endure the utmost Extremity and Rigour : Others were of a different Opinion , alleging , That , if they made their Descent on the Coasts of England , then they should be obliged to Fight Both Nations at once ; but if the Scots were First overcome , the War against the English would be easy , when they were bereft of Fo●●ign Aid , and also terrified with the Loss of their Friends . They further urged , That it was not the part of Great and Magnanimous Spirits , to be intent on Prey and Booty only , they should rather call to mind the Blood of their Kindred and Ancestors , who had been so often cruelly slain in Scotland : And that now especially , having a Great Army , and being furnished also with things necessary for War , they ought to take That Revenge , which might punish the Savage Cruelty of the Scots , according to their Deserts , and might also carry the terror of the Danish Name to all the Neighbouring Nations . After this Battel , Peace seemed to have been settled for many Years , when , behold , some troublesome matters at home did disturb this Calm : As for the Commotion of the Islanders , who , in a Plundering way , ranged over all Ross , That was quickly suppressed ; some of the Robbers being slain in ●ight , some taken in pursuit , and after Executed . But Crathilinthus , the Son of Fenella , or ( as some call her ) Finabella , gave far greater disturbance : He was then the chief of all Mern , both in Descent and Wealth . Crathilinthus , his Grandfather , by the Mothers side , was made Governor by the King , over that part of Angus , which lies between the Two Rivers , each of them having the Name of Eske , where he gathered up the Kings Taxes and Revenues ; his Nephew , coming with a great Train to visit him , a sudden Quarrel arose amongst their Servants , so that two of Crathilinthus's Friends were slain : He complained thereof to his Grandfather , who laid the blame of the Tumult upon his Nephews rude Retinue and Company , and , after a sharp Reproof , he was dismissed by him , but not without Contumelies from his Servants and Domesticks : So that returning home , he in great Wrath , complained of the Affront to his Mother ; who was so far from endeavouring to allay his Rage , and quiet the Mind of the incensed Youth , by grave and wholesome Counsel , that she importuned him to Revenge himself by force of Arms , even upon her own Father , and his Grandfather , too . Hereupon , not long after , Crathilinthus , having gathered an armed Company together , fit for his purpose , comes by Night into Angus , to his Grandfathers Castle . He , with some few Followers were admitted in , without Suspicion , and being once entred , he gave the Word to the rest , who lay in Ambush , and let in them also ; so that he slew his Grandfather , with his whole Family , plundered the Castle , depopulated the Country adjacent ; and , as if he had done a Famous Exploit , he returned pompously with a great Booty into Mern . But the Angusians did not suffer this Injury to pass long Unrevenged : For , soon after , gathering a great many of their Faction together , they made great Havock in the District of Mern . From that time forward , Slaughters and Rapines were occasionally committed on both sides . Kennethus , hearing of it , published a Proclamation , That the Chief of either Faction should appear at Scone , within Fifteen Days , to answer , What should be objected against them ; for he feared , that if a greater number should resort to the Factions , further Tumults might arise ; some few being terrified by this minatory Edict , made their appearance accordingly ; but the greatest part , of whom Crathilinthus was Chief , being conscious of their own Demerits , fled away , as every one thought most convenient . The King made diligent search after them , the greatest part of them were taken in Loch-Abyr , and some , elsewhere . * Crathilinthus , and the Cheif of the Faction , were punished with Death ; others , according to the Degree of their Crimes , had lesser Punishments , and those who were but a little Guilty , had none at all inflicted on them . This Moderation and Temperament procured to the King Fear from the bad , but great Love from others ; and settled Peace in all his Kingdom , till the Twenty first year of his Reign . Insomuch , That , if he had persisted in that course of Life , which he had begun , he might well have been reckoned amongst the Best of Princes ; for , he so performed all the Offices both of Peace and War , that he got great Renown upon the account of his Equity , Impartiality and Valour . But the Excellency of his former Life was blurred by one Wicked Fact that he committed , which seemed , too , more aggravated in him , in regard it was incredible , and unexpected to proceed from his Disposition , who had before , so severely punished Grand Offenders . The Occasion of it was This : The King , being now grown somewhat ancient , had a Son named Malcolm , a Prince of great Ingenuity , but in point of Age , not yet mature to Govern so fierce a People , if his Father should die . Further , the Custom of our Ancestors was then against it , that he should Reign next after his Father . For , They were wont to choose not the next , but the fittest , of the deceased Kings Relations , provided , he were descended from Fergus the First , King of the Scots . Besides , the Favour of the Nobility was another Obstacle , which did incline to another Malcolm , the Son of King Duffus , the most Praise-Worthy Prince of all the Scotish Royal Race : Moreover , he was then Governor of Cumberland , which County the Scots did hold as Feudataries of the Kings of England , on such Terms , That the Government of Cumberland was always looked upon as previous to the Throne of Scotland ; for it had been so observed , for some Ages past . The King , perceiving , That this Malcolm , for the Reasons aforementioned , would be an hindrance to his Design , not daring to do it openly , caused him privately to be made away by Poyson . Thus died that excellent young Man , much lamented and near to his greatest Hope ; some Signs of Poison appeared in his Body , but no Man ever dreamt of suspecting the King. Yea , his Deportment was such , as to avert all Suspicion ; for he Mourned and Wept for his Death , and made an Honourable mention of his Name , when occasion was administred to speak of it ; and caused him magnificently to be Interred , no Ceremony being omitted , which could be invented for the Honour of the Deceased . But this superlative Diligence of the King , to remove the Suspicion from himself , gave a shrewd Jealousie to the more Sagacious . Yet , they forbore to speak out , for the Reverence all bore to , and had conceived of the Kings Sanctity . But soon after , the King himself scattred some Words abroad , to try the Minds of Men , How they would bear the abrogating of an old Law , and the enacting a new , concerning the Succession of their Kings , viz. That according to the Custom of many Nations , if a King died , his Son should succeed him ; and if he were under Age , then to have a Protector or Tutor assigned to him , so the Kingly Name might rest in the Child ; but the Power of Government , in the Tutors or Guardians , till he came to Age. Though a great Part of the Nobles praised his Speech , as being willing to Gratifie him ; yet , the Suspicion concerning the Death of Malcolm prevailed upon the Major part , and especially upon the Nobility , and Those of the Royal Stock , who were afraid of the King. Mens Spirits being in this posture , Ambassadors came from England , to comfort the King upon the loss of his Kinsman ; and withal , desiring , That , in substituting another Governor , he would remember , That Cumberland being the Bond of Concord betwixt the Two Nations , he would set Such a Person over it , who might be an indifferent Arbiter of Peace , and that would maintain the ancient Alliance betwixt the Two Nations , for the Good of them Both ; and , if any new Suspicions or Jealousies should arise , that he would labour to extinguish them . The King judged this Embassy fit for his purpose ; so , that having Convened the Nobility at Scone , he made a grave Harangue to them , against the ancient Custom of the Assemblies of Estates , in this Point ; wherein he recited all the Seditions which had happened for that Cause ; and with how great Impiety , some of the surviving Kindred had treated the Children of former Kings ; and what Wars , Rapines , Slaughters , and Banish●●nts , had ensued thereupon . On the other side , he put them in Mind ▪ How much more Peaceable , and less Turbulent , the Parliamen●●●y Assemblies of other Countries were ; and what great Reverence was born to the Royal Blood ; when , without convasing for Succession , Children succeeded their Parents in the Throne . Having thus spoken , he referred the matter to that Great Council , to determine something in this Case : He acquainted them also with the Demands of the English Ambassador ; and , to give a greater Manifestation of his Condescention and Civility , whereas it was in the Kings Power alone , to appoint a Governor of Cumberland , he left it to them to nominate One ; supposing , that by this his Moderation , he might the more easily obtain his Desire , concerning the Succession to the Crown : For , if he himself had Nominated his Son for a Governor , he thought , he should have prejudiced his other Request , because , as I said before , the Government or Prefecture over Cumberland was looked upon as the Designation of the Person , to be the next succeeding King of Scotland . Constantine , the Son of Culenus , and Grimus , the Son of Mogal , Brother to King Duffus , who were thought most likely to oppose both Requests , were first asked their Opinions , in the Case ; who , partly for Fear of Danger ; and partly , that they might not run cross to the Major part of the Nobility , who had been prepossessed and influenc'd by the King , gave their Vote , That it was in the Kings Power , to Correct and Amend Laws , which were inconvenient to the Publick ; and also , to appoint what Governor he pleased over Cumberland . The rest , though they knew , that they had spoken contrary to their own Sense , yet Consented to what they said . And by this means , Malcolm , the Kings Son , though not of Age , but Immature for Government , was declared Governor of Cumberland ; and also Prince of Scotland , which Title signifies in Scotland , as much as Daulphin doth , in France ; and Caesar , amongst the old Roman Emperors ; and the King of the Romans , amongst the Modern Germans ; whereby the Successor to the preceding Magistrate is understood . Other Laws were also made , viz. That as the Kings Eldest Son should succeed his Father ; so , if the Son died before the Father , the Nephew should succeed the Grandfather : That when the King was under Age , a Tutor or Protector should be Chosen , some Eminent Man for Interest and Power , to Govern in the Kings Name and stead , till he came to Fourteen Years of Age , and then he had Liberty to choose Guardians for Himself . And besides , many other Things were Enacted concerning the Legitimate Succession of Heirs , which ran in common to the whole Nobility , as well as to the King. The King having thus , by indirect and evil Practises , setled the Kingdom on his Posterity , as he thought ; yet , his Mind was not at rest . For , though he were very Courteous to all , and highly Beneficial and Obliging to a great many ; and withal , did so manage the Kingdom , that no one Part of a good King , was wanting in him ; yet , his Mind being disquieted with the guilt of his Offence , suffered him to enjoy no sincere or solid Mirth ; but in the Day , he was vexed with the Thoughts of that foul Wickedness , which did inject themselves ; and in the Night , terrible Apparitions disturbed his Rest. At last , a Voice was heard from Heaven , either a true one , as some think ; or else , such an one , as his disquieted Mind suggested , ( as it commonly happens to Guilty Consciences ) speaking to him , in his Sleep , to this Sense . Dost thou think , That the Murder of Malcolm , an Innocent Man , secretly and most impiously Committed by thee , is either unknown to me , or , That thou shalt go unpunished for the same : Nay , there are already Plots laid against thy Life , which thou canst not avoid , neither shalt thou leave a Firm and Stable Kingdom to thy Posterity , as thou thinkest to do , but a Tumultuous and Stormy one . The King being terrified by this dreadful Apparition , betimes in the Morning , hastned to the Bishops and Monks , to whom he declared the Confusion of his Mind , and his Repentance for his Wickedness . They , instead of prescribing him a true Remedy , according to the Doctrine of Christ , ( being then degenerated , themselves , from the Piety and Simplicity of their Ancestors ) enjoyned him those absurd and fallacious ones , which Evil and Self-minded Men had devised for their own Gain ; and unwary People had as greedily received ; which were , To bestow Gifts on Temples , and Holy Places ; To visit the Sepulchres of Holy Men ; To Kiss their Reliques ; and to expiate his Sin by Masses and Alms ; and withal , they enjoyned him to Respect and Reverence Monks and Priests , more than he had done heretofore . Neither did the King omit to perform all what they enjoyned him , thinking to be healed in his Conscience by these Mock-Plaisters . At length , when he came to Mern to Worship , and to do Reverence to the Bones of Palladius , an Holy Person ; he turned aside to view a Neighbouring Castle ; called * Fethercarn , which was then , as 't is reported , very pleasant with shady Grows and Piles of curious Buildings , of which , almost no Footsteps remain , at this day . The Lady of that Castle was called Fenella , of whom Mention is made before ; who bore the King a grudge , not only for the Punishment of her Son Crathilinthus , but also upon the account of her Kinsmen , Constantinus , and Grimus ; who , by his New Law , were excluded from the Succession to the Crown . But , dissembling her Anger , she entertained the King very splendidly , and with great Magnificence ; and , after Dinner , she carried him out to view the Pleasantness of the Place , and the Structure of the Castle ; and amongst the rest , she led him into a Privy Parlor , to see a * Brass Statue , most Curiously and Artificially cast , which was made with so much Ingeniousness , as they say , That when a String or Cord , which was secretly bent therein , was remitted and let go , it would shoot out Arrows , of its own accord ; and , whilst the King was intent in viewing this Engine , an Arrow privily darted out therefrom , and slew him . Iohannes Major , and Hector Boetius , do Both say , That the King came thus to his End ; though , in my Judgment , it be not very probable . For , it is not likely , That , after the decay of Noble Arts amongst other Nations , so curious a Statue should be then made ; and that , in the remotest part of Britain , too ; though Iohn Major writes , That Edmond the Son of Eldred , was slain by the same Artifice ; but Both Stories are Fabulous , as I suppose . Neither can I easily persuade my self , That all Scotland did possess so many Jewels , as Boetius affirms , that One Lady was owner of . And therefore , I rather incline to the Opinion of some others , ( amongst whom is Winton ) who write , That the * King was slain by some Horse-men , placed in Ambush , at the Command of Fenella . He died in the Twenty fifth year of his Reign ; a Prince eminent for all other Things , if the Murder of Malcolm , and his too great Affection to his Kindred , had not made such a foul Blot in his Escutcheon . He Reigned Twenty five years , and deceased in the Year of Christ 994. Constantine IV. The Eighty First King. AFTER Kenneth his Death , Constantine , the Son of Culenus , Sirnamed , The Bald , used so much Art and Canvasing , to get the Kingdom , as never any Man did , before him . For he insinuated himself into all sorts of People ; complaining , That he and others of the Royal Blood , were circumvented by the Fraud of Kennethus , and so excluded from the hopes of the Kingdom , upon the pretence of a most unjust * Law ; to which , he , with others of the Blood , were forced , by Fear , to Consent . He further alleged , That the Inconvenience of the Law was very Manifest and Visible , in it self . For , What , said he , can be more Imprudent and Foolish , than to take away One of the greatest concerns in Government , from the Suffrage of the Wise , and to leave it to the Liberty of Fortune ? And to bind themselves to Obey a Child , because casually born of a King , who , perhaps , might be ruled by some Woman ; and , in the mean time , to exclude Brave and Virtuous Men , from sitting at the Helm ? He added further , What if the Children of the King should have some Defect , either of Mind or Body , which made them unfit for Government ? If Children ( proceeded he ) had enjoyed the Kingdom , in those days , wherein we fought so many Battels , with the Romans , Britains , Picts , English , and Danes ; the Question would not then have been , Who should Rule over us ? But rather ▪ Whether we should have been any People at all , to be governed by any Body ? Yea , What can border more upon Madness , than to bring That upon our selves by a Law , which God threatens as the severest Judgment to the Rebellious ; and by this means , either to despise the Threatnings and Predictions of the Almighty ; or , to run into them of our own accord ? Neither ( said he ) is that True , which the Flatterers of Kenneth please themselves with in urging , i. e. That the Slaughters and Avarice of the Kings Kindred may be avoided hereby ; for the Kings Children , whilst under Age , have as much Reason to fear the Frauds of their Guardians ; as before they did the Plots of their Kindred . And therefore , now the Tyrant is removed , let us valiantly recover the Liberty he took away ; and , abrogating that Law , which was enacted by Force , and submitted to out of Fear , ( if it may be called a Law , and not rather a publick Enslavement , and Prostitution of our Freedom : ) Let us , I say , return to the ancient Institutions and Customs , by which this Kingdom arose , almost out of Nothing ; and which , from small Beginnings , have advanced it to that Splendour , that it is inferiour to none of its Neighbours ; Yea , and when it was at a low Ebb , have erected it again . And therefore , let us not neglect , or over-slip , this present Opportunity , which offers it self , lest , hereafter , we seek it Vain . By these , and the like Harangues , he cajolled some of the Nobles , and drew a Multitude of the Commons to his Party ; who assembled at Scone , Twelve days after the Funeral of Kennethus , and declared him King. In the mean time , * Malcolm ▪ who was busie about the Concern of his Fathers Funeral , hearing , that Constantine was made King , called his Friends together , to deliberate , what was fit to be done . Some were of Opinion , That , before he proceeded any further , he should found how the Minds of the Nobles stood affected , that so he might know , what strength he was able to raise against a popular Man , supported by so many Factions and Alliances ; and then , according to the Number of his Forces , to take a Resolution . But those who were young and head-strong , despised this Course , as slow and dilatory ; alleging , That it was best to obviate the Danger at its first Rise , and to proceed against the Enemy , before he was setled in his new Kingdom . The King being young , embraced the later Opinion , as the more specious of the Two , and having gathered an Army of about Ten Thousand Men together , marches towards the Enemy . Neither was Constantine defective in his Preparations ; for , in a short time , he levied so great an Army , that Malcolm , at the news of his Approach , disbanded his Soldiers , and retired himself into Cumberland . But Kennethus , his Natural Brother , begot on a Concubine , judging that course to be very Dishonourable , persuaded some of the most Valiant Troops to stay behind , and so to stop the Enemy at the River Forth near Sterling , which was the Boundary to both Armies . There both Camps lay idle on the high Banks of the River , which was Fordable but in few places ; by which means , they were so afflicted with Pestilence and Famine , ( both which Calamities did rage very much , that Year ) that each Army was forced to Disband . Thus , the Kingdom being divided into Two Factions , the Commonalty was miserably afflicted with Hunger , Pestilence , and frequent Robberies . In the mean time , during the absence of Malcolm , who , according to his League , was assisting the English against the Danes , Constantine , thinking he had now got a convenient Opportunity to subdue the Faction opposite to him , marches with great Forces into Lothian . Kennethus , who was left by his Brother to observe all Constantine's Motions , gave him an halt at the Mouth of the River * Almon. And , because he was inferior in Number , he supplyed that defect by Stratagem , for he so ordered his Army , that he had the advantage both of the Sun and Wind ; and besides , his Army was flanked , as much as it could , with the River , which was the chief Cause of his Victory . For the Constantinians , trusting to their Multitude , rushed violently into the Battel , having the Sun-beams darting into their very Faces ; and besides , a Storm , suddainly arising , drove so much Dust into their Faces and Eyes , that they could scarce lift up their Heads against their Enemies . A great Slaughter was made in both Armies , and both Generals themselves , upon a Charge , wounded and slew one another ; after Constantine had invaded the Kingdom , an Year and Six Months . Grimus , The Eighty Second King. GRimus , the Son of King Duffus , or , as others say , of his Brother Mogallus , after Constantine's death , was brought to Scone , and there , by the Men of his own Faction , was made King. He , perceiving , that some Nobles of his Party were already corrupted by Messengers sent from Malcolm ; and More of them were solicited by him , to a Defection ; took some of those Messengers and committed them to Prison : Malcolm , being much inceased at the Imprisonment of his Embassadors , as being done against the Law of Nations , breaks forth into open War. As Grimus was making head against him , a suddain Rumor was dispersed through all Malcolm's Army , of the Vastness of the Army coming against them , so that all Malcolm's Measures were disturbed thereby ; many of his Soldiers ran privily away ; and many others , making frivolous pretences , did publickly desire to be dismissed . The Fear first arose from the Merchants , who , preferring their Private Concerns before the Publick Good , scattered the Report throughout the whole Army . And besides , there were Some among them , who privately favoured Grimus his Party ; for indeed , there were many things in him very attractive of the Vulgar , as the Talness of his Stature , his great Beauty , accompanied with a singular Courtesie , and a comely Meen in all his Actions ; Besides , as there was occasion , he was severe in punishing Offenders , and he managed Matters with great Celerity and Prudence , so that many promised themselves an Happy and an Honourable Calm , under his Government . In this Diversity and Combustion of Mens Spirits , Malcolm , not daring to commit any thing to an hazard in Battel , by the Advice of his Friends , dismissed the greatest part of his Army , and , with some select Troops , resolved to stop the Enemies passage over the Forth . In the mean time , the Bishop of that Diocess , Forthadus by Name , of whom all had an high Opinion for his Sanctimony , endeavoured , by his Authority , to compose Matters , and passing to and fro betwixt both Parties , at length he brought Matters to this pass , That a Truce was made for Three Months ; Grimus being to go into Angus ; and Malcolm into Cumberland : And also Arbitrators were to be chosen by both Parties , by Consent , who were to determine the main Controversie in Dispute . Neither did Forthadus give over his Endeavours , till * Peace was made by them on these Conditions ; That Grimus should retain the Name of King , as long as he lived : And , that , after his Decease , the Kingdom should return to Malcolm ; And , for the future , the Law of Kennethus , for establishing the Succession in the King's Children , should be observed as Sacred and Inviolate . In the mean time , the Wall of Severus was to be the Boundary to them Both. That which was within the Wall was to belong to Malcolm ; and That without , to Grimus . Both of them were to be contented with those Limits , Neither being to invade each other , or to assist the Enemies of one another . Thus Peace was made , to the great Joy of all Men , which was Religiously observed for almost Eight Years . Grimus was the first Occasion of the Breach , for whereas , since the beginning of his Reign , in turbulent Times , he had carried himself as a good Prince , his Industry being slackened by the Quiet he enjoyed , he wholly plunged himself in voluptuous Courses ; and that kind of Life , being , as usually it is , a Life of Expence , he was reduced to some Necessity , and was thereby enforced to pretend Crimes against the Richer sort , that so , out of Covetousness , he might enjoy their Estates . Being told of the danger of this Course , he was so far from Reforming it ; or , from abating any thing of his former Vileness , That he resolved to put his Monitors in Prison , that so others , being terrified by their Punishment , might not use the like freedom , in reproving Kings . In order whereto , he invited them kindly to his Court , but they , having notice of his Design , by their Friends , withdrew themselves ; at which , Grimus was so enraged , that he gathered a Band of Men together , and made after them , spoiling their Lands more than any Foreign Enemy could have done ; he spared neither Men , Houses , Cattle nor Corn , and That which he could not carry away , he spoiled , That so it might be rendred useless to the Owners . Thus he made a promiscous Havock of all things , ( whether Sacred or Prophane ) by Fire and Sword. Complaint hereof being made to Malcolm , who was then busie in helping the English against the Danes , he presently returned home ; for he was incensed , not only at the undeserved Sufferings of so many brave and innocent Persons , but much more , at the Indignity offered him by Grimus ; who , knowing that the Lands were shortly to pass over to another , without any Respect to future Times , had swept away the Fruits thereof , as if it had been an Enemies Country . There was a great Resort to Malcolm , at his return , insomuch , that , thô Grimus had for a time been Dear to , and Beloved of , the People ; yet now the greatest part of the Nobles forsook him . Notwithstanding , with what Forces he could make , he made Head against his Enemy . When their Camps were near one another , Grimus , knowing that Malcolm would Religiously observe As●ensi●n-day , resolved then to attaque him , hoping to find him unpr●pared . Malcolm , having notice of his Design , kept his Men in Arms , and thô he did hope well , as to the Victory , in so good a Cause ; yet he sent to Grimus , to advise him to defer Fighting for that day , that so They , being Christians , might not pollute so Holy a Day , with shedding the Blood of their Countrymen ; Yet he was , nevertheless , resolved to Fight , alleging to his Soldiers , That the Fear the Enemy was in , thô pretended to be out of Reverence to so Holy a Feast , was a good Omen of their Victory . Hereupon , a fierce and eager Fight began ; wherein , * Grimus , being forsaken of his Men , was wounded in the Head , taken Prisoner , and soon after had his Eyes put out . Insomuch , that , in a short time , out of Grief , as well as his Wounds , he Dyed in the Tenth Year of his Reign . Malcolm carried it Nobly towards the Conquered , and caused Grimus to be interred in the Sepulchres of his Ancestors . The Faction , which followed him , he received into his Grace and Favour , laying aside the Memory of past Offences ; Then going to the Assembly of Estates at Scone , before he would undertake the Government , he caused * the Law made by his Father , concerning the Succession to the Crown , to be publickly Ratified by the Votes of the whole Parliament . Malcolm II. The Eighty Third King. AT the entrance into his Government , he laboured to restore the State of the Kingdom , which was sorely shaken by Factions . And as he forgave all former Offences to himself , so he took care that the Seeds of Faction and Discord amongst all different Parties might also be rooted out . After this , he sent Governors , chosen out of the Nobility , into all Provinces , ( Just and Pious Men ) to restrain the Licentiousness of Robbers ; who , in former times , had taken great Liberty to themselves to Steal and Plunder . By Them also the Common People were encouraged to Tillage and Husbandry ; so that Provisions grew cheaper , Commerce between Man and Man safer , and the publick Peace was better secured . Amidst these Transactions , Sueno , the Son of Harald , King of the Danes , being banished from home , came into Scotland . He was oftentimes overcome , made Prisoner by , and Ransomed from , the Vandals ; and having sought for Aid in vain from Olavus , King of the * Scandians , and Edward King of England , at last he came into Scotland , and being turned Christian , of whom before he was a most bitter Enemy , there he received some small assistance , and so returned into his own Country ; from whence soon after he passed over with a great Army into England . First , he overthrew the English , alone ; and afterwards , he had the same Success against them , when the Scots assisted them , whom he grievously threatned , because they would not forsake the English , and return into their own Country . Neither were his Threatnings in vain , for Olavus of * Scandia , and Enecus , General of the Danes , were sent by him with a great Army into Scotland ; They ranged over all Murray , killed whomsoever they met , took away all they could catch , whether Sacred or Prophane ; at last , gathering into a Body , they assaulted Castles , and other strong Places . While they were Besieging these Fortresses , Malcolm had gathered an Army together out of the Neighbouring Countrys , and pitch'd his Camp not far from them . The day after , the Scots , perceiving the Multitude of the Danes , and their Warlike Preparations , were struck with great Terrour ; The King endeavoured to encourage them , but to small purpose ; at last , a Noise was raised in the Camp , by those who were willing to seem more valiant than the rest ; and when it was raised , others received , and seconded it ; so that presently , as if they had been wild , they ran in upon the Danes , without the Command of their Leaders , and rushed upon the points of their Swords , who were ready to receive them . After the forwardest were slain , the rest fled back , faster than ever they came on . The King was Wounded in the Head , and had much ado , to be carried off the Field into an adjacent Wood , where he was Horsed , and so escaped with his Life . After this Victory , the Castle of Narn was surrendred to the Danes , the ●arison being dismayed at the Event of the unhappy Fight ; yet they put them to Death , after the surrender . They strongly fortified the Castle , because it was seated in a convenient Pass ; and , of a Peninsule , made it a convenient Isle , by cutting through a narrow Chanel , for the Sea to surround it ; and then they called it by a Danish Name , * Burgus . The other Castles , which were Elgin and Foress , were deserted , for fear of the Cruelty of the Danes . The Danes upon this good Success , resolved to fix their Habitations in Murray , and sent home their Ships to bring over their Wives and Children , in the mean time exercising all manner of cruel hardships over the Captived Scots .. Malcolm , in order to prevent their further Progress , gathered a stronger , and more compact , Army together ; and when they were gone into Marr , he met them at a place called * Mortlich , both Armies being in great fear ; the Scots being afraid of the Cruelty of the Danes ; and the Danes fearing the Places , which they did not know , ( as being far from the Sea , and fit for Ambushes ) more than their Enemies . In the beginning of the Fight , the Scots were much discouraged at the Slaughter of Three of their Valiant Worthies , viz. of Kennethus , Thane of the Islands ; of Grimus , Thane of Strathearn ; and of Dumbar , Thane of Lothian , who all fell , presently one after another ; so that they were forced to retreat , and to retire into their old Fastness , which was behind their backs : There , fencing their Camp with a Trench , Ditch , and huge Trees , which they cut down , in a narrow place , they fronted , and stopped , the Enemy ; yea , they slew some , who , as if they had fully gotten the Victory , * did carelesly assault them , amongst whom , Enecus , one of their Generals , fell . His Loss , as it made the Danes less forward to fight ; so it added Alacrity to the Scots , who were crest-fallen , before . So that , almost in a moment of time , the Scene was quite altered ; The Danes were put to flight , and the Scots pursued them . Olavus , the other of their Generals , got some to guide him , and bent his Course , that night , towards Murray . Though Malcolm knew it , yet , having slain the forwardest of his Enemies , and wounded many more , he desisted from following the Chase. When News of this Overthrow was brought to Swain , in England , he bore it undauntedly ; and sent some of his old Soldiers , and some that were newly come to him from his own Country , under Camus , their General , to recruit his old and shattered Army , in Scotland . He first came into the Firth of Forth , but being hindred by the Country ( who observed all his Motions ) from Landing , he set Sail , and made for the * Red-Promontory of Angus . There he landed his Men , and attempted to take in some Places , but , being disappointed , he fell a plundering . Having pitched his Tents at * Balbridum , i. e. the Village of St. Bride , word was brought him by his Spies , that the Scots Forces were scarce two miles distant from him ; whereupon both Generals , according to the Exigence of the time , exhorted their Men to fight ; and the next day , they were all ready at their Arms , almost at one time . The third day , they fought with so great eagerness and fury , as either new Hope , or old Hatred , could occasion and suggest ; At last , the Scots prevailed , and * Camus , endeavouring to secure the Remainders of his Army , by flying to the Mountains towards Murray , before he had gone two miles , was overtaken by the Pursuers , and he and all his Men cut off . There are Monuments extant of this Victory , in an Obeliske , and a Neighbouring Village , which as yet retains the Memorable Name of Camus . Another Band of them were cut off not far from the Town of * Breichin ; where also another Obeliske was erected ; The Remainder , being few in Number , under the Covert of the night , made to their Ships ; These last were tossed up and down several days in the raging Sea , by cross Winds , at length coming to the inhospitable Shore of Buchan , they rode there so long at Anchor , till they were necessitated , for want , to send about 500 of their Men ashore , to get some Relief , out of the Neighbouring Country ; Mernanus , the Thane of the place , stopp'd them from returning to their Ships , and compelled them to retire , to a steep Hill , where , being assisted by the Conveniency of the place , they defended themselves with Stones , and slew many of the Scots , who rashly attempted them : At last , the Scots encouraged one another , and in several Parties , in great Numbers , got up the Hill , and put every Man of the Danes to the Sword. There also , as well as at Bambreid , when the Wind blows up the Sand , there are Bones discovered of a greater Magnitude , than can well suit with the Stature of the Men of our Times . Yet Sueno was not discouraged , no not with this Overthrow also , but sent his Son * Canutus , with new Levies , into Scotland . He landed his Souldiers in Buchan , and so preyed upon the Country . Malcolm , though he had yet hardly recovered his Loss , sustained in former Battels , yet made head against him , and being not willing to hazard all by fighting a pitched Battel , he thought it best to weary the Enemy with light Skirmishes , and to keep him from plundering ; for , by this means , he hoped , in a short time , to reduce him to great want of Provisions , as being in an Enemies Country , almost quite wasted and desolated by the Miseries of War , before . He followed this Counsel for some days , but , at last , when the Scots had got a full understanding of their Enemies Strength , they less diffided their Own ; and both Armies , being equally pressed with Want , did unanimously crave a Signal to the Battel , pretending , unless it were given , they would fall to it , even , without the Consent of their Generals . Hereupon , Malcolm set the Battel in array , which was fought with such * desperate Rage and Fury , that neither Party came off in Triumph . And though the Victory did nominally rest on the Scots side , yet a great part of their Nobility being slain , and the rest , wearied and discouraged in their Spirits , returned to their Camp , giving the Danes liberty to retreat , without any pursuit ; The next day , when both Parties mustered their Men , they found so great a Slaughter to have been made , that they willingly admitted some Priests to be Intercessors of Peace between them . * Whereupon , Peace was made on these Conditions , That the Danes should leave Murray , and Buchan , and depart ; and that as long as Malcolm and Sueno lived , neither of them should wage War with one another any more , nor help one anothers Enemies ; That the Field in which the Battel was fought , should be set apart , and Consecrated for the Burial of the Dead . Upon this , the Danes withdrew , and Malcolm took Order for the Interment of the slain . A while after , he called an Assembly of Estates at Scone ; and , that he might reward those who had deserved well of their Country , he divided all the King's Lands between them : On the other side , the Nobility granted to the King , * That when any of them died , their Children should be under the Wardship and Tutelage of the King , till they arrived at the Age of 21 Years ; and , that the King should receive all their Revenue , except what was expended for the Education of the Ward ; And besides , that he should have the Power to give them in Marriage ; Or , otherwise to dispose of them , when they were grown up , and should also receive their Dowry . I judge , this Custom came rather from the English and Danes ; because it yet continues throughout all England , and in part of Normandy , too . Afterwards , the King bent his Thoughts to repair the Damages sustained by the War ; he re-edified many Temples , and Sacred Places , demolished by the Enemy ; he built New Castles , or else repaired the Old , in every Town . Having thus restored Peace to the Kingdom by his great Valour , he endeavoured further to adorn it with good Institutions and wholsom Laws ; and , in order thereunto , be erected New Names for Magistrates , ( I believe , such , as he borrowed from his Neighbours ) which served rather for vain Ambition , than for any real Use. For , in former times , there was no Name superior in Honour to that of a Knight , except that of Thane , i. e. Governor , or Sheriff , of a Province or Country ; which Custom , as I hear , is yet observed amongst the Danes . But , now a days , Princes keep no Mean , in instituting * New Names , or Titles , of Honour ; though there be no use at all of those Names , but the bare Sound . Thus Malcolm , having finished his Toilsom Wars , Reigned some Years in great Splendor and Glory . But , in the Progress of his Age , he sullied the Beauty of his former Life with the blot of Covetousness . That Vice , being incident to Old Men , partly grew up in him with his Age , and partly arose from that Want , which his immoderate Largesses had driven him to . So that those Lands , which he had unadvisedly distributed amongst the Nobility , he did as unjustly and wickedly labour to resume ; by which means , he put some of them to Death , and reduced others to great Penury . Hereupon , the present sense of suffering , though sometimes just , drowned the Memory of all former Courtesies ; so that , the Injury reaching to a few , but the Fear to many , the Friends and Kindred of those which were slain and impoverished , bent all their Thoughts to revenge Them , and to secure Themselves . And at last , b●●bing the King 's Domesticks at * Glammes , in Angus , they were admitted at Night into the King's Bed-Chamber , and * slew him . When they had committed the Fact , those bribed Domesticks , together with the Parricides , took Horse , which they had ready bridled and saddled for all Events ; and , being not able to find the way , in regard the Snow covered all the Track , they were confounded , and arrived at a Lake , by the Town of * Forfar ; where , endeavouring to pass ov●r , the Ice being not very firm , they sunk with their Weight , and were all * drowned . Their Bodies lay undiscovered for a season , by reason the Ice closed again ; but when a Thaw came , they were found , and hung upon Gibbets in the High-ways , there to rot for the Terrour of the Living ; and in Reproach to them , after they were dead . This is the common Report about Malcolm's End ; though some write , that he was slain by an Ambush , laid by the Kinred of Grimus and Constantinus , the former Kings , after a bloody B●ttel joyned and fought betwixt them . Others say , that he was killed by the Friends of a Noble Virgin , whom he had forceably vitiated ; but all agree , that he came to a violent Death . Malcolm Reigned so justly above Thirty Years , that , unless Avarice had corrupted his Mind in 's Old Age , he might well have been numbered amongst the Best of Princes . The Year , in which he died , was a Prodigious One , for , in the Winter , the Rivers did mightily overflow ; and in Spring there were great Inundations of the Sea. And moreover , a few Days after the Summer Solstice , there were very pinching Frosts , and mighty Snows , by which means , the Fruits of the Earth being spoiled , a great Famine did ensue . The Seventh BOOK . I Have declared in the former Book , how eagerly Kennethus , and his Son Malcolm , did strive , to settle the Succession to the Crown in their Families , That the Eldest Son might succeed the Father : But what the Success thereof , was , will appear in the Sequel . This is certain , That that Publick Benefit which was promised to the whole Kingdom , nor yet the private Advantage , alleged to arise to our Kings , thereby , were not at all obtained , by this New Law. An Universal Good to All was pretended , in thus settling the Succession , that Seditions , Murders , and Treacheries , might be prevented amongst Those of the Blood ; and also , that Ambition , with the other Mischiefs accompanying it , might be rooted out from amongst the Nobles . But , on the contrary , when I enquire into the Causes of Publick Grievances , and compare the Old with the Modern , it seems to me , That all those Mischiefs , which we would have avoided by this New Law , are so far from being extinguished by the Antiquating of the Old , that they rather receive a great Increase therefrom . For , not to speak of the Plots of their Kinred against Those who are actually in the Throne ; nor of a present King 's Evil Suspitions of those , whom Nature and the Law would have accounted as most dear to him ; I say , omitting these things , which , in the Series of our History , will be further explained ; all the Miseries of former Ages may seem light and tolerable , if compared with those Calamities , which followed upon the Death of Alexander the Third . Neither will I insist upon the Particulars following , viz. that That Law doth enervate the Force of all Publick Councils , without which no Lawful Government can subsist : That it doth willingly , and , by consent , create those Evils to our selves , which others , who have Interest in Publick Governments , do chiefly , if not only , deprecate ; viz. To have Kings , over whom other Governors must be appointed ; and so the People are to be universally committed into their Power , who have no Power over themselves : insomuch , That those Persons , who are hardly brought to Obey Wise , Prudent , and Experienced Kings , are now required to yield Obedience , as it were , to the very shadow of a King ; by which means , we willingly precipitate our selves into those Punishments , which God threatens to Those , who despise and contemn his Holy Majesty , namely , That Children , Male or Female , may Reign over us , whom the Law of Nations , and even Nature it self , ( the Mother of all Laws ) hath subjected to the Rule of others . As for the private Benefit , That Kings aim at by this Law , i. e. That they may perpetuate their Name and Stock , how vain and fallacious that Pretence is , the Examples of the Ancients , yea , even Nature it self , might inform them , if they had but considered , by how many Laws and Rewards , the Romans endeavoured to perennate the mighty Names of their Families ; of which yet , no one Footstep remains at this Day , no not in any part of the World , which they had Conquered . Which Disappointment doth deservedly attend those , who fight against even Nature it self , by endeavouring to cloath a fading , frail , Thing , subject to Momentany Alterations , and Blasts of Fortune , with a sort of Perpetuity ; and to endow it with a kind of Eternity , which they themselves neither are Partakers of , nor can be ; yea , they strive to effect it by those Mediums , which are most cross to their purpose : For , what is less conducive to Perpetuity , than Tyranny ? Yet , this New Law makes a great Step thereto ; for a Tyrant is , as it were , the White , or Mark , exposed to the Hate of all Men , insomuch that he cannot long subsist , and when he falls , all His fall with him . It seems to me , That God doth sometimes gently chastize and disappoint this endeavour of Foolish Men ; and sometimes he doth expose it , even to Publick Scorn , as if it were emulous of his own Power . There can be no clearer , or fitter , Example of Gods Will and Pleasure , than That which we have now under our Hands . For Malcolm , who so much laboured to confirm the Law , ( which was , almost , forcibly Enacted by his Father ) by common Suffrage and Consent , For the Kings Children to be substituted in the Room of their deceased Parents , even He , left no Male-Child behind him ; but he had Two Daughters , One called Beatrix , whom he Married to a Nobleman named Grimus , the Thane of the Western Islands , and the Chief of all other Thanes , and therefore styled in that Age , * Abthane ; the Other , named Doaca , he Married to the Thane of Angus , by whom he begot Mackbeth , or Macbeda , of whom in his Place . Donaldus VII . The Eighty Fourth King. MALCOLM being slain , as hath been related , Donaldus , his Nephew by his Daughter Beatrix , succeeded him . A Prince of great Courtesy , and of more Indulgence to his own Kindred , than became a King : For he was of a mild and Inclineable Disposition ; and , from his Youth , gave forth Omens of his Popularity ; For , in the most difficult times , when he was made Governor of Cumberland by his Grandfather , and could not c●me to the King ( by reason of the Danish Troops , which swarmed over the Country , and stopped all Passages ) to Swear to the Laws , yet he faithfully took part with the English , until Canutus , having had the rest of England surrendred to him , made an Expedition against him , and then he submitted himself to the Danes , on the same Conditions , under which he obeyed the English , before . This also was popular in him , That he administred Justice with great Equity , and every Year he visited the Provinces , to hear the Complaints of the Poor , and , as much as he could , he would not suffer the Great men to oppress Them. But , as these Virtues did endear him to the Good , so they lessen'd his Authority amongst the Lovers of Sedition , so that his Clemency to the Former occasioned the Rage of wicked men against him . The beginning of lessening and despising his Government , hapned in Loch-Abyr , upon the account of one Bancho , Thane of that Country , a strict Lover of impartial Justice ; some ill Men , not enduring his Severity in Punishments , made a Conspiracy against him , Plundered him of his Goods , and drove him away , being wounded and almost dead . As soon as ever his Wounds permitted him to endure the jogging of his body , he took a Journy and complained to the King ; the King sent a publick Officer to do Justice upon the Offenders , but he was grievously affronted , and afterwards slain by them ; so great Security did they fancy to themselves , by reason of the Lenity ( but , as they interpreted it , Sloth ) of a good King. The chief of the Faction , which raised the Rebellion , was named Mac-duald , who , despairing of Pardon , prepares himself for an open War. He called in the * * Islanders to his assistance , ( who were always prone to Sedition ) and also the forwardest of the Irish , in hopes of Prey . He told them , That under an effeminate and slothful King , who was fitter to rule Monks than Warriors , there was no fear of Punishment , but there might be great hopes of Advantage ; and that he did not doubt , but the Scots , who were , as it were , fettered with the Chains of a Long Peace under the former King , when an Alarm was sounded to the War , would come in to recover their Ancient Liberty . These Exhortations were seconded with a successfull beginning , which much heartned the Party . There was one Malcolm , of the Prime Nobility , sent by the King against them , with some Forces ; but his Army was presently overthrown by them , and he himself , being taken Prisoner , had his head cut off by them . The King , being troubled at this Overthrow , called a Council together , to consult of what was fit to be done . Some were very slow in delivering their Opinions , but Mackbeth , Kinsman to the King , laid the blame of the Misfortune on the Slugg●shness of former times , withal promising , that , if the Command or Generalship were bestowed on him and Bancho , who was well acquainted with that Country , he would quickly subdue all , and quiet things . This Mackbeth was of a sharp Wit , and of a very lofty Spirit ; and , if Moderation had accompanied it , he had been worthy of a Command , tho' an eminent one . But , in punishing Offenders , he was so severe , that having no respect to the Laws , he seemed soon likely to degenerate into Cruelty . When the chief Command of the Army was conferred upon him , many were so terrified , that , casting aside their Hopes , whch they had conceived by reason of the Kings Slothful Temper , they hid themselves in Holes and Corners . The Islanders and the Irish , their Flight being stopp'd , were driven into great Despair , and in a fierce Fight were every one of them slain ; Macduala himself , with a few others flying into a Neighbour Castle , being past all hopes of Pardon , redeemed Himself and His from the Opprobriousness of his Enemies , by a voluntary death . M●ckbeth , not content with that punishment , cut off his Head , and sent it to the King at Perth , and hung up the rest of his Body , for all to behold , in a conspicuous place . Those of the Red-shanks , which he took , he caused to be hanged . This Domestick Sedition being appeased , a far greater Terror succeeded , and seized on him , occasioned by the Danes . For Sueno , the powerful King of the Danes , dying , left Three Kingdoms to his Three Sons ; England to Harold ; Norway to Sueno ; and Denmark to Canutus . Harold dying soon after , Canutus succeeded him in the Realm of Scotland . Sueno , ( or Swain ) King of Norway , being Emulous of his Brothers Glory , crossed the Seas with a great Navy , and Landed in Fif● ; upon the Bruit of his coming , Machbeth was sent to Levy an Army ; Bancho , the other General , staying , in the Interim , with the King. Duncanus , or Donald , as if he had been rouzed from a fit of Sluggishness , was forced to go meet the Enemy . They fought near * Culross , with such obstinate Courage , that as One Party was scarce able to fly ; so the Other had no heart to pursue . The Scots , who look'd upon themselves as overcome , rather by the Incommodiousness of the Place , than by the Valour of their Enemies , retreated to Perth ; and there staid with the Relicts of their conquered Forces , waiting for the Motions of the Enemy . Swain , thinking . That if he pressed eagerly on them , all Scotland would speedily be his Own , made towards Perth , with all his Forces , to besiege Duncan ; his Ships he sent about by the Tay , to meet him there : Duncan , tho' he much confided in the present Posture of Affairs , because Mackbeth was very near him with a new supply of Force ; yet , being counselled by Bancho , to piece out his Force by Stratagem , he sent Messengers , one to Mackbeth , to desire him to stop where he was ; and another to Swain , to treat about the Surrender of the Town . The Scots desired , That , upon the Surrender , They and Theirs might have Liberty to depart in safety ; Swain , supposing their Request proceeded from the very bottom of Despair , would hear of nothing but surrendring at Mercy ; upon this , he sent other Messengers , with unlimited Instructions , and a Command to delay time in making Conditions ; who , to ingratiate themselves the more , told the Norv●gians , That , whilst the Conditions of Peace were propounding and setling , their King would send abundance of Provisions into their Camp ; as knowing , That they were not over-plentiful in Victuals ; That Gift was acceptable to the Norvegians , not so much on the account of the Scots Bounty , or their own Penury , as , that , they thought it was a Sign , their Spirits were cowed out , and quite broken . Whereupon , a great deal of Bread and Wine was sent , both Wine pressed out of the Grape , and also strong Drink made of Barly-Malt , mixed with the ●uice of a Poysonous Herb , whereof abundance grows in Scotland , called , Somniferous * * Night-shade . The Stalk of it is above two F●ot Long , and in its upper part spreads into Branches , the Leaves are broadish , acuminated on the outside , and faintly Green. The Berrys are great and of a Black Colour when they are ripe , which proceed out of the Stalk under the bottom of the Leaves . Their Taste is sweetish , and almost insipid . It hath a very small seed , as little as the Grains of a Fig. The Virtue of the Fruit , Root , and especially of the Seed , is Soporiferous ; and will make men mad , if they be taken in too great Quantities . With this Herb all the Provision was infected , and they that carried it , to prevent all suspition of Fraud , tasted of it before , and invited the Danes to drink huge Draughts thereof . Swain himself , in token of Good will , did the same , according to the custom of his Nation . But Duncan , knowing that the force of the Potion would reach to their very Vitals , whilst they were asleep , had in great silence admitted Mackbeth , with his Forces into the City , by a Gate which was furthest off from the Enemies Camp ; and , understanding by his Spies , that the Enemy was fast asleep and full of Wine , he sent Bancho before , who well knew all the Avenues both of that Place , and of the Enemies Camp too , with the greatest part of the Army ; placing the rest in Ambush . He , entring their Camp , and making a great Shout , found all things in a greater Posture of Negligence than he imagined , before . There were a few raised up at the Noise , who running up and down , like Mad-men , were slain as they were met ; the others were killed , sleeping . Their King , who was almost dead drunk , wanting not only Strength , but Sense also , was snatcht up by some few , who were not so much overcome with Wine as the rest , and laid like a Log , or Beast , upon an Horse , which they casually lighted on , and so carried to the Ships . There , the Case was almost as bad as in the Camp , for almost all the Seamen were slain ashore ; so that there could scarce be got together so many of them , as were sufficient to guide one Ship. Yet , by this means , the King escaped to his Country . The rest of the Ships , by stress of Weather , fell foul upon one another , and were sunk ; and by the accession of Sand and other Trash , which the Water carries , heaped up together , there was made an Hillock dangerous to Sailers , which the Vulgar call , * Drumilaw-Sands . While the Scots were joyous for this Victory , obtained without Blood ; News was brought , that a Fleet of Danes rod at * King●orn , which was sent by Canutus , to help Swain . The Soldiers and Passengers , Landing , did seize upon , and carry away the Goods of the Fifians , without any Resistance . Bancho was sent with Forces against them ; who , assaulting the foremost , made a great Slaughter amongst them . These were the principal Men of the Nation , the rest were easily driven back to their Ships . Bancho is reported to have sold the burying Places for the Slain , for a great deal of Money . Their Sepulchres , they say , are yet to be seen in the Isle * Aemona . 'T is Reported , that the * Danes , having made so many unlucky Expeditions into Scotland , bound themselves by a Solemn Oath , never to return , as Enemies , thither , any more . When Matters thus prosperously succeeded with the Scots , both at home and abroad , and all things flourished in Peace , Mackbeth , who had always a Disgust at the un-active Slothfulness of his Cousin ; and thereupon had conceived a secret Hope of the Kingdom in his Mind , was further encouraged in his Ambitious Thoughts , by a Dream which he had : For one Night , when he was far distant from the King , he seemed to see Three Women , whose Beauty was more August and Surprizing than bare Womens useth to be , * of which , one Saluted him , Thane of Angus ; another , Thane of Murray ; and a Third , King of Scotland . His Mind , which was before Sick , betwixt Hope and Desire , was mightily encouraged by this Dream , so that he contrived all possible ways , by which he might obtain the Kingdom ; in order to which , a just occasion was offered him , as he thought . Duncan begat Two Sons on the Daughter of Sibert , a petty King of Northumberland ; Malcolm , Sirnamed Cammorus , ( which is as much as Iolt-head , ) and Donaldus , Sirnamed Banus , i. e. White : Of these , he made Malcolm , scarce yet out of his Childhood , Governor of Cumberland . Mackbeth took this matter mighty Hainously ; in regard , he look'd upon it as Obstacle of Delay to him , in his obtaining the Kingdom ; for , having arrived at the Enjoyment of his other Honours , promised him by his Dream ; by this means , he thought , that either he should be secluded altogether from the Kingdom ; or else , should be much retarded in the Enjoyment thereof ; in regard the Government of Cumberland was always look'd upon , as the first step to the Kingdom of Scotland . Besides , his Mind , which was feirce enough of it self , was spurred on , by the daily Importunities of his Wife , ( who was Privy to all his Counsels . ) Whereupon , communicating the matter to his most intimate Friends , amongst whom Bancho was one , he got a fit opportunity , at Innerness , to way-lay the King , and so slew him in the Seventh year of his Reign ; and gathering a Company together , went to Scone , and under the shelter of popular Favour , made himself King. * Duncan's Children were astonished at this sudden Disaster . They saw their Father was slain , the Author of the Murder in the Throne , and Snares laid for them , to take away their Lives ; that so , by their Deaths , the Kingdom might be confirmed to Mackheth : Whereupon , they shifted up and down , and hid themselves , and thus , for a time , escaped his Fury . But perceiving , that no place could long secure them from his Rage ; and that , being of a feirce Nature , there was no hope of Clemency to be expected from him , they fled several ways ; Malcolm , into Cumberland ; and Donald , to the Kindred of his Father , in the Aebudae Islands . Mackbeth , The Eighty Fifth King. MAckbeth , to confirm the ill-gotten Kingdom to himself , procured the favour of the Nobles by great Gifts , being secure of the Kings Children because of their Age , and of his Neighbouring Princes , in regard of their mutual Animosities , and Discords . Thus having engaged the great Men , he determined to procure the favour of the Vulgar by Justice and Equity ▪ and to retain it by Severity , if nothing else would do . Whereupon , he determined with himself to punish the Free-booters or Thieves , who had taken courage from the Lenity of Duncan ; but , foreseeing , that this could not be done without great Tumults and much ado , he devised this Project , which was , to sow the Seeds of Discord amongst them , by some fit Men , for that purpose , that thereupon they might challenge one another ; and so , some of them might fight in equal and divided Numbers , one with another . All this was to be done on one and the same day , and that in the most remote parts of Scotland , too ; when they all met at the time appointed , they were taken by an Ambush , which he had laid for that purpose . Their Punishment strook a Terrour into the rest . Besides , he put to death the Thanes of Caithnes , Ross , Sutherland , and Narn , and some others of the Clans , by whose Fewds the Commonalty were miserably harassed , before . Afterwards , he went into the Aebudae Islands , and used severe Justice there . After his return from thence , he once or twice summoned Macgill or Macgild , the powerfullest Man in all Galway , to appear , but he refused so to do , rather out of fear for being of Malcolm's Faction , than for the guilt of the Crimes objected to him ; whereupon , he sent Forces against him , who overthrew him in Battel , and cut off his Head. The publick Peace being thus restored , he applied his mind to make Laws , ( a thing almost wholly neglected by former Kings ) and indeed , he Enacted many good and useful ones , which now are either wholly unknown , or else lie unobserved , to the great damage of the Publick . In a word , he so managed the Government for ten years , that , if he had not obtained it by Violence , he might have been accounted inferior to none of the former Kings . But when he had so strengthned himself with the Aid and Favour of the Multitude , that he feared no Force to disturb him ; the Murder of the King ( as 't is very probable ) hurried his Mind into dangerous Precipices , so that he converted his Government , got by Treachery , into a Cruel Tyranny . He vented the first Shock of his Inhumanity upon Bancho , who was his Companion in the Kings Parricide . Some ill Men had spread a kind of Prophecie abroad among the Vulgar , That hereafter his Posterity should enjoy the Kingdom ; whereupon , fearing lest he , being a powerful and active Man , and also of the Blood Royal , should imitate the Example proposed by himself , he courteously invited him and his Son to Supper , but , in his return , he caused him to be slain , as if a sudden Fray and Tumult had arisen . His Son Fleanchus , being not known in the dark , escaped the Ambush , and , being informed by his Friends , how his Father was treacherously slain by the King , and that his Life was also sought after , he fled secretly into Wales . Upon that Murder , so cruelly and perfidiously committed , the Nobles were afraid of themselves , insomuch , that they all departed to their own homes , and came but few of them , and those very seldom , to Court. So that the Kings Cruelty being partly discovered by some , and partly vehemently suspected by all , mutual Fear and Hatred sprung up betwixt him and the Nobility . Whereupon , seeing the matter could no longer be concealed , he broke forth into open Tyranny , and the Rich and Powerful for light , frivolous , and , many times , but pretended , Causes , were put to Death . Their Confiscated Goods helped to maintain a Band of Debauchees , which he had about him under the name of a Guard. And yet , he thought , that his Life was not sufficiently secured by them neither , so that he resolved to build a Castle on the top of the Hill * Dunsinnan , where there was a large Prospect all over the Country ; which Work proceeding but slowly on , by reason of the difficulty of Carriage of Materials thither , he commanded in all the Thanes of the whole Kingdom , and so dividing the Task amongst them , They themselves were to oversee , That the Labourers did their Duty . At that time , Mackduff was the Thane of Fife , a very powerful Man in his Country ; He , being loth to commit his Life unto the Kings hands , went not himself , but sent thither many Workmen , and some of them his intimate Friends , to press on the Work. The King , either out of a desire ( as was pretended ) to see how the Building proceeded , or else to apprehend Mackduff , ( as he himself feared ) came to view the Structure , and by chance spying a Teem of Mackduff's Oxen , not able to draw up their Load against a steep Hill , he took thence a willing occasion to vent his Passion against the Thane , saying , That he knew well enough , before , his disobedient Temper , and therefore , was resolved to punish it ; and , to make him an Example , he threatened to lay the Yoke upon his own Neck , instead of his Oxen. Maecduff , hearing of it , commended the Care of his Family to his Wife , and , without any delay , fitted up a small Vessel , as well as the streights of Time permitted , and so passed over into Lothian , and from thence into England . The King hearing , that he intended to fly , made haste into Fife , with a strong Band of Men to prevent him ; but , he being departed before , the King was presently admitted into his Castle , where he poured out all his Fury upon the Thane's Wife and Children , who were there present . His Goods were confiscated , He himsel was proclaimed Traitor , and a grievous Punishment was threatened to any , who dared to converse with , or entertain , him . He exercised also great Cruelty against others , if they were either Noble or Rich , without distinction . For now the Nobility was despised by him , and he managed the Government by Domestick Counsels . In the mean time , Macduff , arriving in England , found Malcolm there , Royally Treated by King Edward . For Edward , when the Danes Power was broken in England , being recalled from Banishment , did favour Malcolm , who was brought to him by Sibert , ( his Grandfather by the Mother side ) for many Reasons , as , either , because his Father and Grandfather , when Governors of Cumberland , had always favoured the Concerns of his Ancestors , as much as the Times would permit them to do ; or else , because the Similitude of Events , and the remembrance of Dangers , did assimilate their Minds , for each King had been unjustly banished by Tyrants ; Or , Lastly , because the Affliction of Kings doth conciliate and move the Minds , even of the greatest strangers , to pity and favour them . Whereupon , the Thane , as soon as he had opportunity to speak with Malcolm , in a long Discourse declared to him the Necessity of his unhappy Flight , the Cruelty of Mackbeth against all ranks of Men , with the universal Hatred of the People , conceived against him ; so that he advised him , in an accurate Harangue , as he was a Son , so to endeavour the Recovery of his Fathers Kingdom , especially , seeing he could not , without incurring a great deal of Guilt , leave the Murder of his Father , to pass unrevenged ; nor , neglect the Miseries of the People , which God had committed to his Charge ; nor finally , ought He to shut his Ears , against the just Petitions of his Friends . Besides , he told him , That King Edward was so Gracious a Prince , That he would not be wanting to him , his Friend , and Suppliant ; That the People did also favour Him and hated the Tyrant ; In fine , That Gods Favour would attend the Good , against the Impious , if he were not wanting to himself . But Malc●lm , who had often before been persuaded , and solicited to return , by Messengers secretly sent to him from Mackbeth ; That he might not be ensnared , before he committed so great a Concern to Fortune , resolved to try the Faithfulness of Mackduff ; and therefore , he framed his Answer , thus , I know ( says he ) That all what thou hast said is true ; but I am afraid That you , who invite Me to undertake the Regal Government , do not throughly know my Disposition ; for those Vices , which have already destroyed many Kings , viz. Lust , and Avarice , do almost Reign , even in me , too ; and thô now , my private Fortune doth hide and disguise them , yet the Liberty of a Kingdom will let loose the Reins thereunto ; And therefore , said he , Pray , have a care , that you invite me not , rather to my Ruin , than to a Throne : When Mackduff had replyed thereto , That the Lust and Desire of many Concubines might be prevented by a lawful Marriage ; and that Avarice might be also bounded and forborn , when the fear of Penury ( as it must be upon a Throne ) is removed : Malcolm subjoyned , That he had rather now make an ingenious Confession to him , as his Friend , than to be found guilty hereafter , to the great damage of them both ; For my Self , to deal plainly with you , said he , There is no Truth nor Sincerity in me , I confide in no Body living , but I change my Designs and Counsels , upon every blast of Suspition ; and th●s , from the Inconstancy of my own Disposition , I use to make a Judgment of other Mens . Whereupon , Mackduff replyed , Avant , says he , Thou Disgrace and Prodigy of the Royal Name and Stock , worthier to be sent into the remotest Desert , than to be called to a Throne ; and , in a great Anger , he was about to fling away . Then Malcolm took him by the hand , and declared the Cause of this his Dissimulation to him , telling him , That he had been so often assaulted by the Wiles of Mackbeth , that he did not dare , lightly , to trust every body . But now he saw no Cause to suspect any Fraud in Macduff , in respect either of his Lineage , his Manners , Fame , nor Fortune . Thus they , plighting their Faith one to another , consulted , concerning the destruction of the Tyrant , and advised their Friends of it , by secret Messages . King Edward assisted him with Ten Thousand Men , over whom Malcolm's Grandfather , by the Mothers side , was made General . * At the Report of this Armies March , there was a great combustion in Scotland , and many flock'd in daily to the new King ; Mackbeth being deserted by almost all his Men , in so suddain a Revolt , not knowing what better course to take , shut up himself in the Castle of Dunsinnan , and sent his Friends into the Aebudae , and into Ireland , with Money to hire Soldiers . Malcolm understanding his Design , makes up directly towards him , the People praying for him all along as he went , and , with joyful Acclamations , wishing him good Success . His Soldiers took this as an Omen of Victory , and thereupon stuck up green Boughs in their Helmets , representing an Army Triumphing , rather than going to Fight ▪ Mackbeth being terrified at the Confidence of his Enemy , immediately fled ; and his Soldiers forsaken by their Leader , surrendred themselves up to Malcolm ; Some of our Writers do here Record many Fables , which are like * Milesian Tales , and fitter for the Stage , than an History ; and therefore I omit them . Mackbeth Reigned Seventeen Years . In the first Ten , he performed the Duty of a very good King ; in the last Seven , he equalled the Cruelty of the worst of Tyrants . Malcolm , III. The Eighty Sixth King. MALCOLM , having thus recovered his Fathers Kingdom , was Declared King at Scone , the 25 th day of April , in the Year of our Redemption , 1057. At the entrance of his Reign , he convened an Assembly of the Estates at Forsar ; where the First thing he did , was , to restore to the Children their Father's Estates , who had been put to death by Mackbeth ; He is thought by some to have been the First , that introduced * New and Foreign Names , as distinguishments of Degrees in Honour , which he borrowed from his Neighbor-Nations , and are no less Barbarous than the former were : Such as are Dukes , Marquesses , Earls , Barons , Riders or Knights . * Mackduff , the Thane of Fife , was the First who had the Title of Earl , conferred upon him , and many others afterwards , according to their respective Merits , were honoured with New Titles . Some write , That at that time Noblemen began to be Sirnamed by their Lands , which , I think , is false , for that Custom is not yet received amongst the Ancient Scots ; and besides , then all Scotland used their Ancient Rights and Customs , but , instead of a Sirname , after the manner of the Greeks , they added their Fathers Name to their own ; or else , adjoyned a Word taken from some Event ; or , from some Mark of Body , or Mind ; and that this Custom did then obtain amongst the Gauls , is plain , by those Royal Sirnames of Crassus , Calvus , Balbus , and also , by the Sirnames of many Noble Families in England , especially , such as followed William the Conqueror , and fixed their Habitations there . For the Custom of taking Sirnames from Lands , was received but lately amongst the other Gauls , as appears by Frossard's History , no mean Author . Mackduff had Three Requests granted to him , as a Reward for his Services . One , That his Posterity should place the King , who was to be Crowned , in the Chair of State ; Another , * That they should lead the Van of the Kings Armies : And a Third , That , if any of his Family were Guilty of the unpremeditated slaughter of a Nobleman , he should pay Four and Twenty Marks of Silver , as a Fine ; if of a Plebeian , Twelve Marks : Which last Law was observed till the days of our Fathers , as long as any of that Family were in being . Whilst these things were acted at Forfar ; They , who remained of the Faction of Mackbeth , carryed his Son , Luthlac , to Scone , ( who was Sirnamed Fatuus , from his Disposition ) ▪ and there he was Saluted King. Malcolm assaulted him in the Valley * Bogian , where he was * slain , three Months after he had Usurped the Name of King ; yet , out of respect to his Kingly Race , His , and his Fathers Bodies were buried in the Royal Sepulchres in * Ionia . Afterwards , he Reigned four years in Peace . Then word was brought him , that a great Troop of Robbers were Nested in Cockburn-Forest , and that they infested Lothian and Merch , to the great damage of the Husbandman . Patric Dunbar , with some Trouble , overcame them , losing Forty of his own Men in the Onset , and killing 600 of Them. Forty more of them were taken Prisoners , and hanged ▪ Patric , for this Exploit , was made Earl of Merch. The Kingdom was now so settled , that no open Force could hurt the King , yet he was assaulted by Private * Conspiracies . The whole Plot was discovered to him , whereupon he sent for the Head of the Faction , and , after much familiar Discourse , he led him aside into a secret Valley , commanding his Followers to stay behind . There he upbraided him with the former Benefits bestowed on him , and declared to him the Plot he had contrived against his Life ; adding further , if Thou hast Courage enough , why dost thou not now set upon me , seeing we are both Armed , that so thou mayst obtain thy desire by Valour , not by Treachery ? He , being amazed at this sudden Discovery , fell down on his Knees , and asked Pardon of the King , who being a Merciful , as well as Valiant , Prince , easily forgave him . Matthew Paris makes mention of this Passage . In the mean time , Edgar , to whom , next to Edward , the Crown of England belonged , being driven by contrary Winds , came into Scotland , with his whole Family . What I am to speak concerning this Person , that it may be the better understood , I shall fetch things a little higher . * Edmond , King of England , being slain by the Treachery of his Subjects ; Canutus , the Dane , who Reigned over Part of the Island , presently seized upon the Whole . At first , he Nobly treated Edward and Edmond , the Sons of the Deceased Edmond , when they were brought to him . Afterwards , being edged on by wicked Ambition , he , desirous to confirm the Kingdom to his Posterity , by their Destruction , sent them away privately to Valgar , Governour of Swedland , to be Murdered there . Valgar , understanding their Noble stock , and considering also their Age and Innocence , withal taking Compassion of their Condition and Fortune , sent them to Hungary to King Salomon , pretending to Canutus . That he had put them death . There they were Royally Educated and so much grateful Towardliness appeared in Edward , that Salomon culled him out of all the Young Nobles , to give him his Daughter Agatha to Wife . By her he had Edgar , Margaret , and Christian. In the mean time , Canutus dying , Hardicanute succeeded him . When he was slain , Edward was recalled from Normandy , whither he was before Banished , together with his Brother Alured ; Earl Godwyn , a powerful man , of English Blood , but who had Married the Daughter of Canutus , was sent to fetch them home . He , being desirous to transfer the Kingdom into his own Family , caused Alured to be Poysoned ; as for Edward , he was preserved , rather by Gods Providence , than by any human Counsel , and Reigned most devoutly in England . But , wanting Children , his Chief care was , to recal his Kinsman out of Hungary to undertake the Government , alleging , That when Edgar returned , he would willingly surrender up All to him ; but His Modesty out-did the Kings Piety ; for he refused to accept of the Kingdom , as long as he was alive . At length , upon Edwards death , Harald , Godwyns Son , invaded the Throne , yet he dealt kindly with Agatha , the Hungarian , and her Children . But he being also overthrown by William the Norman ; Edgar , to avoid Williams Cruelty , resolved with his Mother and Sisters to return into Hungary ; but by a Tempest he was driven into Scotland . There he was Courteously entertained by Malcolm , who made him his Kinsman also by the Marriage of his Sister , Margaret . * William , then Reigning in England , upon every light Occasion , was very cruel against the Nobles either of English or Danish Extraction . But understanding , what was a doing in Scotland , and fearing a Tempest might arise from thence , he sent an Herald to demand Edgar , denouncing War against Scotland , unless he were surrendred up . * Malcolm looked upon it as a cruel and faithless Thing , to deliver up his Suppliants Guest and Kinsman ( and one , against whom his very Enemies could object no Crime ) to his Capital Enemy to be put to Death , and therefore resolved to suffer any thing , rather than so to do . And thereupon he not only detained , and harboured , Edgar , but also gave Admission to his Friends , who , in great Numbers , were Banished from their own homes , and gave them Lands to live upon ; whose Posteritys were there Propagated into many Rich and Opulent Families . Upon this Occasion , there followed a War betwixt the Scots and English , wherein Sibert , King of Northumberland favouring Edgar , joyned his Forces with the Scots . The Norman , being puff'd up with the good Success of his Affairs , made light of the Scotish War , and thinking to end it in a short time , he sent one Roger , a Nobleman of his own Country , with Forces into Northumberland . But he , being overcome and put to flight , was at last Slain by his own Men. Then Richard , Earl of Glocester , was sent with a greater Army , but he could do but little good , * neither ; for Patrick Dunbar , wearied him out with light Skirmishes , so that his Men could not straggle for to get in Prey ; at last , William's Brother , and Bishop of Bayon , being made Earl of Kent , came down with a much greater strength ; he made great spoil in Northumberland , and slew some , who thought to stop him from plundering ; but , as he was returning with a great Booty , Malcolm , and Sibert , set upon him , slew and took many of his Army , and recovered the Prey . When his Army was recruited , William's Son , was sent down thither , but he made no great Earnings of it neither , only he pitched his Camp at the River Tine , and he rather kept off , than made , or inferred , the War. In the mean time , he repaired Newcastle , which was almost decayed by reason of its Antiquity . William being thus wearied with a War , more tedious than profitable , his Courage being somewhat cooled , applied himself to thoughts of Peace ; which was made on these Conditions . That in Stanmore , i. e. a Stony Heath , ( a Name imposed on it , for that very Cause , ) lying between Richmond-shire and Cumberland , the Bounds of both Kingdoms should be fixed ; and in the Boundary a * Cross of Stone should be Erected , which should contain the Statues , and Arms , of the Kings of Both Sides : That Cross , as long as it stood , was called , Kings Cross ; That Malcolm should enjoy Cumberland , upon the same Terms as his Ancestors had held it . Edgar was also received into William's Favour , and endowed with large Revenues ; and that he might prevent all occasion of suspition of his innovating things , he never departed from the Court. Voldiosus also , the Son of Sibert , was to have his Fathers Estate restored to him ; and besides , he was admitted into Affinity with the King , by Marrying a Neice of his , born of his Daughter . * Intestine Tumults did succeed this External Peace ; for the Men of Galway , and of the Aebudae , did Ravage and commit Murders over all their Neighbouring Parts ; and the Murray-Men , with those of Ross , Caithness , and their Allies , made a Conspiracy , and assuming their Neighbour Islanders to their Aid , gave an Omen of a greater War. Walter , the Nephew of Bancho , by his Son Fleanchus , who was before received into Favour with the King , was sent against the Galway-Men ; and Macduff , against the other Rebels ; whilst the King himself was gathering greater Forces . Walter slew the Head of that Faction , and so quell'd the common Souldiers , that the King at his Return , made him Lord Steward of all Scotland , for his Good Service . This Magistrate was to gather in all the Kings Revenues ; also ▪ he had a Jurisdiction , such as the Sheriffs of Counties have ; and he is the same with That , which our Ancestors called a Thane . But now a days , the English Speech getting the better of our Country Language , the Thanes of Counties , are in many places , called Stewards ; and he , which was anciently called Abthane , is now the Lord High Steward of Scotland : Yet , in some few places , the Name of Thane doth yet remain . From this Walter , the Family of the Steuarts , who have so long Reigned over Scotland , took its Beginning . But Macduff , warring in another Province , when he came to the Borders of Marr , the Marrians promised him a Sum of Money , if he would not enter into their Province ; and he , fearing the Multitude of the Enemy , did protract the time in Proposals and Terms of a pretended Peace , till the King arrived with greater Forces . When they came to the Village * Monimuss , they joined Camps ; and the King , being troubled at the bruit of the Enemies Numbers , promised to devote the Village , * whither he was going , to St. Andrew the Apostle , the Tutelary Saint of Scotland , if he returned Victor from that Expedition . After a few Removes , he came to the River Spey , the violentest Current in all Scotland , where he beheld a greater number of Soldiers , than , he thought , could have been levied out of those Countries , standing on the other side of the River , to hinder his Passage . Whereupon , the Standard Bearer , making an Halt , and delaying to enter the River , he snatch'd the Standard out of his Hand , and gave it to one Alexander Carron , a Knight of known Valour , whose Posterity had ever afterwards the Honour of carrying the Kings Standard , in the Wars ; and in stead of Carron , the Name of Scrimger was given him ; because he , being full of true Valour , though ignorant of the Modes and Niceties of War , had out-done One , who was a Master in handling of Arms , and who valued himself highly upon that Account . As the King was entring the River , the Mitred Priests , with their Mitres on their Heads , prevented him ; who , by his Permission , having passed over to the Enemy before , had ended the War without Blood. The Nobles surrendred themselves upon Quarter for Life : Those , who were the most Seditious , and and the Authors of the Rising , were Tryed , had their Goods Confiscated , and themselves Condemned to perpetual Imprisonment . Peace being thus , by his great Industry , obtained , both at home and abroad ; he converted his pains to amend the publick Manners ; for , he lived Devoutly and Piously himself , and provoked others , by his Example , to a Modest , Just , and Sober , Life . It is thought , that he was assisted herein , by the Counsel and Monitions of his Wife , a choice Woman , and eminently Pious . She omitted no Office of Humanity towards the Poor , or the Priests ; neither did Agatha , the Mother , or Christiana , the Sister , come behind the Queen in any Religious Duty : For , because a Nuns Life was then accounted the great Nourisher and Maintainer of Piety , Both of them leaving the toilsome Cares of the World , shut themselves up in a Monastery appointed for Virgins . Then the King , to the Four former Bishopricks of St. Andrews , Gasgow , Whithorn , and * Murthlack , ( where the old Discipline , by the Bishops Sloth and Default , was either remitted , or laid quite aside ) added * That of Murray , and Caithness , procuring Men Pious , and Learned , according to the rate of those times , to fill the Sees . And whereas also * Luxury began to abound in those days , in regard many English came in , and great Commerce was had with Foreign Nations ; and also many English Exiles were entertained and scatt'red almost all over the Kingdom ; he laboured , though to little purpose , to restrain it . But he had the hardest Task of all , with the Nobles , whom he endeavoured to reclaim to the Practice of their ancient Parsimony ; for they , having once swallowed the bait of Pleasure , did not only grow worse and worse , but even ran headlong into Debauchery ; yea , they laboured to cover that foul Vice , under the false Name of Neatness , Bravery , and Gallantry . Malcolm , forseeing , that such courses would be the Ruin not only of Religion , but also of Military Discipline , did , first of all , Reform his own Family , very exactly ; afterwards , he made most severe * Sumptuary Laws , denouncing great Punishment against the Violators of them . Yet , by those Remedies he rather stopp'd , than cured , the Disease ; nevertheless , as long as he lived , he employed all his endeavours to work a thorough Reform therein . It is also Reported , That his Wife obtained of him , That , whereas the Nobles had gradually obtained a Priviledge , to lye , the first Night , with any Married Bride , by the Law of Eugenius ; That Custom should be altered , and the Husband have Liberty to Redeem it by paying half a Mark of Silver , which Payment is yet called * Marcheta Mulierum . * Whilst Malcolm was thus busied in reforming the publick Manners , William , King of England , dies : His Son , William Rufus , succeeded him . Peace could not long be continued between two Kings ▪ of such ●ifferent Dispositions . For the King of Scots chose that Time , to Build two Temples , or Cathedrals , in , one at Durham in England ; the other , at Dumferling in Scotland ; upon Both which Piles he bestowed great Cost , so that he endeavoured to retrieve Church-Affairs , which then began to flag and decay . And withal , he translated Turgot , Abbat of the Monks at Durham , to the Bishoprick of St. Andrews . This he did , whilst Rufus was plucking down Towns and Monasteries , and making Forests , that he might have the more room to hunt in . And when Anselme the Norman , then Arch-Bishop of Canterbury , did , with freedom , rebuke him for the same , he Banished him the Land. He also sought for an Occasion of War against the Scots ; And thereupon , he surprized the Castle of * Alnwick in Northumberland , having slain the Garison which was therein : Malcolm , having demanded Restitution , but in vain , Besieged the Castle with a great Army : They within , being reduced to great extremity and want , talk'd of surrendring it , and desired the King to come , and receive the Keys with his own Hand ; which , as he was a doing , being tendred to him on the point of a Spear , the Soldier run him into the Eye , and killed him . And his Son * Edward also , being forward to revenge his Fathers Death , and thereupon , more negligent of his own safety , made an unwary assault upon the Enemy , wherein he received a Wound , of which he died soon after ; The Scots , being afflicted and troubled at this double Slaughter of Two of their Kings , broke up the Siege , and returned home . Margaret did not long survive her Husband and Son , but died of Grief . The Bodies of the Kings , which , at first , were buried at Tinmouth , ( a Monastery at the mouth of Tine ) were afterwards brought back to Dumferling : Malcolm held the Kingdom Thirty and three years , being noted for no Vice , but famous to Posterity , for his great and many Virtues ; he had six Sons by his Wife Margaret , of whom Edward was slain by the English in the Siege of Alnwick Castle : Edmond and Etheldred were Banished into England , by their Uncle Donald , where they died : The other Three , Edgar , Atheldred , and David , succeeded in the Kingdom , one after another : He also had Two Daughters , the Elder Maud , Sirnamed the Good , Married Henry , King of England ; the younger , named Mary , had Eustace , Earl of * Bologn , for her Husband . Several * Prodigies hapned in those days , and in particular , there was such a mighty and unusual an Inundation of the German Ocean , that it did not only drown the Fields and Country , and choked them up with Sand ; but also , overthrew Villages , Towns , and Castles ; And besides ▪ there were great and terrible Thunders , and more were killed with Thunderbolts , than were ever Recorded to have perished , by that Death , in Britain , before . Donaldus VII . Sirnamed Banus , The Eighty Seventh King. * UPon the Death of Malcolm , Donaldus ( Banus ) i. e. The White , his Brother , who , for fear of Mackbeth , had fled into the Aebudae , was , with great facility , declared King ; for he had promised all the Islands to Magnus , King of Norwey , if , by his Assistance , he might enjoy the Kingdom of Scotland . And in this his Obtaini●g of the Kingdom , those were most assistant to him , who did falsely accuse the former King , for corrupting the Discipline of his Ancestors ; and withal , who stomached , that the Banished English should enjoy the Estates of Scots , in Scotland : Edgar , in such a suddain Mutation of things , being afraid and solicitous for his Sisters Children , which were yet but young , caused them to be transported to him , into Engl●nd . But this Piety of the Good Man was calumniated by some . For Orgarus , an Englishman , seeking to curry favour with King Rufus , accused him , that he had secretly boasted , That he and his Kindred were Lawful Heirs of the Crown . The Accuser was not able to make good his Allegation by any Witnesses ; and therefore , the Matter was adjudged to be decided by a Duel , wherein the Accuser was overcome by another Englishman , who offered him the Combate , instead of Edgar , who was now grown old , and also sickly . All good Men , who had a Veneration for the Memory of Malcolm and Margaret , hated Donald , who , by Foreign Aid , in Conjunction with those of his own Faction , had seized on the Kingdom : And he , by his Rashness , did much increase the Hatred conceived against him , and by severe Threats , which he uttered , amongst his Familiars , against the Nobles , who would not Swear Allegiance to him . And therefore they sent for Duncan , a Base-born Son of Malcolm's ; who had served long , with Credit , in the Wars under William Rufus , to oppose Donald . At his coming , many revolted from Donald ; so that he was diffident of his own State , and therefore * fled into the Aebudae , about six months after he had Usurped the Throne . Duncan , The Eighty Eighth King. NEither did Duncan Reign long , for he , being a Military Man , and not so Skilful in the Arts of Peace , carried it more Imperiously , than a Peaceable and Civil Government required ; so that , he quickly fell into the hatred of the Major part of his Subjects . When Donaldus , who observed all his motions , heard thereof , in his Banishment , * he corrupted Macpendir , Earl of Mern , and , by him , caused Duncan to be slain in the night in Monteath , a year and six months after he began to Reign . As for Donald , he governed a troublesom Kingdom for about three years ; Good Men rather tolerating him , ( for want of a better ) than approving him . The English , on the one side , and the Islanders on the other , in his time , much molested Scotland . The Envy also against him was heightned , in that Magnus , King of Norwey , had seized on the Western Islands , which though he seemed to have done by Force , yet all Men smelt out the Cheat , in regard Donald did not so much as stir , at so great an Affront . And , at last , the publick Indignation waxed hotter against him , when the Vulgar understood , That it was done by a Secret Paction and Agreement betwixt him and Magnus . Edgar , The Eighty Ninth King. UPon those Disgusts , secret Messengers were dispatched to Malcolm's Son. That he would come over , and be General , in order to obtain the Kingdom ; and , as soon as he appeared upon the Borders , they promised to flock in to him . And they were as good as their Words . For Edgar , being assisted with a small Force by Rufus , at the instance of Edgar his Uncle , had scarce entred Scotland , before Donald , being forsaken of his Men , fled away ; but being pursued and taken , was brought back to Edgar , who committed him to Prison , where he died , soon after . Edgar , having recovered the Kingdom , by the General Suffrage of all the Estates , First of all , he made Peace , with William , King of England , and he dying without Children , he renewed it with Henry his Brother . He gave him Maud , his Sister , to Wife , Sirnamed the Good , from her Virtuous Manners , ( as I said before . ) By her , he had William , Richard , Eufemia , and Maud. Edgar Reigned Nine Years and Six Months , in great Peace , Reverenced and Beloved by Good Men ; and so formidable to the Bad , that , in all his Reign , there were no Civil Tumults or Seditions , nor any fear of a Foreign Enemy . One Monument of his Praise , was , the Monastery of * * Coldingham , Dedicated to St. Ebb the Virgin , which he built in the Seventh Year of his Reign ; though afterwards , it was transferred into the Name of Cutbert . Alexander I. The Ninetieth King. EDGAR dying without Issue , his Brother Alexander , Sirnamed Acer , or the Feirce , succeeded him . In the very beginning of his Reign , some Youngsters , that loved to Fish in troubled Waters , imagining , that he would be a Peaceable ( or , as they interpreted it , a Sluggish ) King , as his Brother was , Conspired to take away his Life ; that so , they might Rob and Plunder , with more Freedom . The Matter being discovered to him , he pursued the Conspirators , unto the furthest part of Ross : When they came to the River Spey , they thought to stop the Kings Pursuit , by reason of the Rapidness of the River ; and besides , the Kings Friends would not suffer him to enter the River , because the Tide coming in , they judged it unpassable ; yet he set Spurs to his Horse ▪ and was about to pass over . The rest , lest they might seem to forsake their King , in a Danger so great , following him . But his own Men ( as I said ) drew him back , so that he sent over Part of his Army , under the Command of Alexander Carron , the Son of that Alexander , I mentioned before , whose Miraculous Boldness , in passing the River with his Forces , struck such a Terrour into the Enemy , that they presently betook themselves to their Heels . Many were Slain in the Pursuit ; their Leaders were then taken , or else , afterwards brought to the King , and were all Hanged up . This Expedition procured him Peace , even to the End of his Life . As he was returning through Mern , a * Poor Woman met him , grievously complaining , That her Husband had been scourged with a Whip of Thongs , by the Earl of Mern's Son , because he had sued him for a Debt . The King hearing it , presently , in great Disdain , leapt from his Horse , and would not stir from the Place , till the Offender had received Condign Punishment . Then he went to * Envergoury , or , as some write , to * Edgar's Town ; some write , That the Sirname of Acer was given him , for those Exploits ; but , others say , it had a more Tragick Original , viz. That some Thieves , having corrupted one of his Bed-Chamber , were privately admitted thereinto , whilst he was asleep ; and , their suddain Rushing in awakening him , he first slew his Treacherous Servant ; and afterwards , Six of the Thieves . Whereupon , an Hubbub was raised in the Court , and the rest fled , but Alexander pursued them so fiercely , that most of them were slain . Afterwards , he turned his Thoughts to the Works of Peace ; he built Michael's Church in Scone , from the very Ground : The College of Priests , which was there , he turned into a Monastery for Monks . Being once carried by Tempest into the Isle * Aemona , he was there reduced to great Want and Hunger ; for , neither he , nor his Companions , could procure any Food for some Days , but what they got from those that Lived Solitary Lives , vulgarly called Hermits . He built also a Church there , in Memory of St. Columb , supplying it with Canons , as they call them , and Lands to maintain them . He also gave great Guifts and Largesses , and settled Revenues , on St. Andrews , which was Rich enough before . He finished the Church at Dumferling , which his Father had begun , and Endowed it with Revenues . After these Transactions , in Peace and War , when he had Reigned Seventeen Years , he departed this Life , leaving no Children by Sibyl , his Wife , Daughter of William the Norman . David I. The Ninety First King. HIS Brother , David , succeeded him in the Kingdom , in the Year of Christ 1124. He , seeing , that his Brothers Reigned successively , one after another , in Scotland , stayed with his Sister Maud , in England . There he Married Maud , his Niece , a Woman of great Beauty , Wealth and Nobility . For Voldiosus of Northumberland was her Father , and her Mother was Iudith , Niece to William , the Norman . On her , he begot a Son named Henry , in whom both his Father's and Mother's Disposition did presently appear . By this Marriage , his Revenues were much encreased by the Accession of Northumberland and Huntington-shire thereto . Thus , with the Universal Gratulation of his Subjects , he came into Scotland , to possess the Kingdom : 'T is true , the Memory of his Parents was of great Force to procure him the Favour of the People ; yet his own Virtue was such , that he stood in no need of any adventitious Help : For , as , in other Virtues , he equalled other good Kings ; so , in his Condescention to hear the Causes of the Poor , he was much superiour to them . As for the Complaints of the Rich , he heard them himself ; and if a false Judgment had been given , he would not rescind it , but compelled the Judge himself to pay the Damages , awarded . He restrained Luxury , which then begun to spread , according to the Example of his Father . He banished Epicures , and such as studied Arts to provoke the Appetite , out of the Kingdom . He far exceeded the Beneficence of his Parents , and Allies , ( which were worthy rather of Pardon , than Praise ) in increasing the Revenues of the Church . He repaired Monasteries , whether decayed by Age , or ruined by the Wars ; and He also built New Ones from the Ground . To the Six Bishopricks before , he added Four more . * Ross , Brechin , Dunkelden , and Dunblain . He almost impoverished the succeeding King to Endow them , for he bestowed upon them a great part of the Royal Revenue . Iohannes Major , who , when I was but a Youth , was famous for his Theological Studies , having highly praised this King for his other Actions ; yet , he blames his profuse Lavishness in Endowing Monasteries in a solemn ( and , I wish , it had been an undeserved ) Oration . And I the more wonder at this immoderate Profusion of the Publick Stock and Patrimony ; because , in those very Times , St. B●rnard sharply reproves the Priests and Monks in his Invective and Severe Sermons , for their excessive Luxury and Expence ; which yet , if compared with That of our Age , seems but moderate : And the Fruits , which followed these Donations , shew , That the Design was not well grounded . For , as in Bodies too Corpulent , the use of all the Members ceases ; so , the Sparks of Wit , oppressed by Luxury , did thereby languish in Abbies . The Study of Learning was extinct , Piety degenerated into Superstition , and the Seeds of all Vices sprung up in them , as in an unplowed Field . All the time of his Reign he had but one Commotion , and that was rather a Tumult , than a War. And it was quickly ended in the Slaughter of Aeneas , Earl of Murray , with a great Number of his Followers . Malcolm Mackbeth , endeavouring to raise a new Sedition , was committed Prisoner to the Castle of * Roxburgh . Other Matters succeeded according to his desire , but yet a twofold Distress , or rather , Calamity , seized him . One , from the untimely Death of his Wife ; The Other , of his Son. As for his Wife Maud , she was a Woman of high Descent , of exquisite Beauty , and most accomplished Manners : He loved her passionately whilst she lived ; and the loss of her , in the Flower of her Age , did so affect him , That , for Twenty Years after he lived a Widower ; neither did he touch any other Woman , all that while : And yet the Greatness of his Sorrow was no hindrance to him , from managing the Publick Offices and Concerns both of Peace and War. Concerning his Son , I will speak in due place . David thus addicted himself to the Arts of Peace ; but some troublesom Matters , in England , drew him unwillingly into a War. The Occasion , this . All the Off-spring of King Henry of England , besides his Daughter Maud , were drowned in their passage out of France into England ; which Misfortune did so grieve him , that ( it is reported ) he never laughed after . Maud , who only survived , and escaped , that Calamity , Married the Emperor Henry the Fourth . Her Husband dying without Children , she returned into England to her Father . He was willing to settle the Succession on her ; and in Order thereto , because she was a Widow and Childless , if he himself should die , he caused all the * Nobility to swear an Oath of Fealty to her ; and , in hopes , that she might have Children , he Married her to Geoffry Plantagenet , Earl of Anjou . Five Years after that Marriage , Robert , Duke of Normandy , and King Henry died , and Geoffry of Anjou , falling into a dangerous Disease , lay Bedrid . In the mean time , * Stephen Earl of Bologne , in this want of Royal Issue , took heart to attempt the Crown of England : Neither did he look upon it as a Design of any great Difficulty , both by reason of the Weakness of the adverse Party , and also , because he himself had some Royal Blood running in his Veins : For he was born of a Daughter of William the Norman , which had Married the Earl of Bloys . He himself had also Married Maud , Daughter of the former Earl of Bologne , and Cousin-German to Maud the Empress , and begotten upon Mary , Sister to David , King of Scotland : * Upon the Confidence of so great Alliances , by reason of the absence of Maud the Queen , and the Sickness of Geoffry , he thought he might easily obtain the Crown of England . And to make his Way clearer , without any Conscience or Regard of his Oath , which he and th' other kindred had taken to Queen Maud , he drew in , by great Promises , the Bishops of England , who had also taken the same Oath , into his Unlawful design ; and , especially , William , Arch-Bishop of York , who was the first that Swore Allegiance to Queen Maud , and Roger Bishop of Salisbury , who had not only taken the Oath himself , but had also read the Words of it to the other Nobles , when they Swore . Upon this Confidence , even before his Uncle Henry was buried , he stept into the Throne , and the Two First Years reigned peaceably enough : Whereupon , growing insolent , he began to neglect his Agreement made with the English ; and also to deal harsly with strangers . After he had compelled all the English , partly by Fear , partly by fair Promises , to take an Oath of Allegiance to him , he sent Embassadors to David , King of Scots , to put him in mind , to take the same Oath , for the Counties of Cumberland , Northumberland , and Huntingdon , which he held of him . David returned Answer , That he , together with Stephen himself , and the other Nobles of England , had , not long since , bound themselves , by an Oath , to obey Maud , their Lawful Queen ; And that he ought not , nor would , acknowledge any other King , as long as she was alive : When this Answer was brought to Stephen , presently a War began . The English entred upon the adjacent Scots ; the Scots doing as much for them . The next Year , an Army of Scots , under the Conduct of the Earls of Merch , of Menteith , and of Argus , entred England , and met the English at the Town of Allerton , whose General was the Earl of Glocester . A sharp Battel was there fought with equal slaughter on both sides , as long as the Army stood to it ; at last , the English , being overthrown , many perished in the flight , and many of the Nobility were taken Prisoners , amongst whom was the Earl of Glocester , himself ; Stephen , being much concerned at this Overthrow , lest the Friends and Kindred of the Captive Nobles might be alienated from him , refused no Conditions of Peace . The Terms were These , That the English Prisoners should be released without Ransom : That Stephen should quit all the Claim , which , as chief Lord , he pretended to have over Cumberland . But Stephen observed those Conditions , no better than he did the Oath , formerly taken , to Maud , his Kinswoman : For , before the Armies were quite Disbanded , and the Prisoners Released , he privately surprized some Castles in Northumberland ; and , by driving away Bootys from the Scots Countrys , renewed the War. The Scots , gathering a sudden Army together out of the Neighbour Countrys , and despising the English , whom they had overthrown in Battel , the self same Year , did rashly run on to the Conflict at the River Tees ; where they paid for their Folly , in undervaluing the Enemy , by receiving a great Overthrow ; and were also enforced to quit Northumberland : David , to retrieve this Loss and Ignominy , gathered as great an Army , as ever he could , together , and came to Roxburgh : Thither Turstan , or ( as William of Newberry calls him ) Trustinus , was sent , by the English , to Treat concerning a Pacification , and , there being some hope of Agreement , a Truce was made for Three Months , upon Condition , That Northumberland should be presently restored to the Scots : But this Promise , which was made by Stephen , only to have the Army Disbanded , was not performed ; so that David drove away a great Booty , out of that Part of Northumberland , which obeyed Stephen ; and Stephen , gathering a great Force together , pierced as far as Roxborough : But , understanding , That the Nobility were averse , and complained , That they were intangled in an Unjust and Unnecessary War , without performing any Memorable Exploit , he retired into the heart of his Kingdom : And , the next Year , fearing some intestine Sedition , he sent his Wife Maud to David , her Uncle , to treat of Peace . Upon her Mediation , it was accorded , That David , from Newcastle , where he commonly aboad ; and Stephen , from Durham , should send Arbitrators for composing of Matters , to the Town of Chester in the street , scituate in the Midway , equally distant , from Both Places . David sent the Arch-Bishops of St. Andrews and Glasgoe ; Stephen , the Arch-Bishops of Canterbury and York : Both Parties were the more inclineable to Peace , because Stephen feared War from abroad , and Seditions at home ; and the Scots complained , That they were forced to bear the shock of a War , made in the behalf of another ; whereas Maud , for whose sake it was commenced , did nothing at all in it . The Peace was made on These Conditions , That Cumberland , as by Ancient Right , should be possessed by David , and that Northumberland unto the River Tees , ( as William of Newberry , the Englishman , writes ) and Huntingtonshire , should be enjoyed by Henry , Davids Son , upon the account of his Mothers Inheritance ; and , That he should do Homage to Stephen , for the same . When things were thus composed , David retired into Cumberland , and Stephen into Kent . This Peace was made in the Year of our Lord 1139. In which Year , Maud , being returned into England , sent her Son Henry , afterward King of England , to Carlisle , to David his Great Uncle , that he might be instructed in Feats of Arms , and also be made Knight , by him ; who , without doubt was the excellentest Warrior in his time ; which Matter , in those days , was performed with a great deal of Ceremony . At that time , there was so great a Disturbance in England , by reason of Domestique Discords , That no Part of it was free from a Civil War , but That which David the King of Scots held . And , that he alone might not plead Exemption from the publick Calamity ; within Three Years after , his Son , the only Heir ( in hope ) of so much Power and Felicity , * dyed in the flower of his Age , leaving Three Sons , and as many Daughters behind him . He left so great a Love behind for him , both from the Scots and English ; that , besides the publick Loss , every one lamented his own private Misfortune also , at his death : For so great a Sincerity , and Moderation of Mind , shined forth in him , even in that Age , wherein Youth is accustomed to wantonize , That every body expected most rare and singular Fruits from his Disposition , when it was ripened by Age. His Fathers Grief was also further increased , by reason of the tender Age of his Nephew , and the Ambition , and restless Disposition , of Stephen , and if he dyed , he was troubled at the Fierceness of Henry's Spirit , then in the fervor of his Youth ; who , being the Son of Maud , was to succeed in the Kingdom . When the Thoughts of so many foreseen Mischiefs did assault his diseased and feeble Mind , insomuch , that all Men imagined , he would have sunk under them , yet he bore up so stoutly , that he invited some of the Prime Nobility ( who were solicitous for him , lest he should be too much afflicted , as well they might ) to Supper , and there he entertained them with a Discourse , rather like a Comforter than a Mourner , He told them . * That no new thing had hapned to him , or to his Son. That he had long since Learned from the Sermons of Learned and Holy Men ; That the World was Governed by the Providence of Almighty God ; whom it was a foolish and impious thing to endeavour to resist : That he was not ignorant , his Son was born , on no other Terms , but that he must also dye ; and so pay that Debt to Nature , which he owed even at his very Birth : And when Men were always ready to pay that Debt , 't was no great matter , when God , their Creditor , called upon them for it : That , if only Wicked Men were subject to Death , then a Man might justly grieve at the Decease of his Kindred ; but , when we see Good Men also Dye , all Christians ( said he ) ought to be throughly setled in this persuasion , That no Evil can happen to the Good , ( either alive or dead ; ) and therefore , Why should we be so much troubled at a short Separation , especially from our Kindred , who have not so much left us , as they are gone before us , to our common Country : Whither we also , thô we should live never so long , must yet at last follow ? As for my Son , if he hath undertaken this Voyage before us , that so he might visit and enjoy the Fellowship of my Parents and Brethren , those precious Men , before-hand ; if we are troubled at it , let us take heed , That we seem not rather to envy his Happiness , than to Mourn for our own Loss . As for you , Worthy Lords , as I am beholding to you for many Offices of Respect , so , both I and my Son ( for I shall undertake also for him ) are much obliged for your Loves to me , and your Grateful and Pious Memory of him . This Greatness of Mind in the King , as it added much to his own Veneration , so it increased the Sense of the loss of his Son , in the Minds of all ; when they considered , What a Prince they and their Children were deprived of . And David , that he might make use of the only way of Consolation , which was left him , caused his Nephews , and his Sons Children , to be brought to him , and to be trained up in Court-discipline , which was then most Pious ; In Fine , he provided for their Security , as far as Human Counsel could foresee . He commended Malcolm , the eldest of the Three , to the Care of the whole Nobility , and particularly of Mackduff , Earl of Fife , a very powerful and prudent Man , and he caused him to carry him all over the Land , that so he might be received , as the undoubted Heir of the Kingdom : William , the next Son , he made Earl of Northumberland , and sent him presently to take Possession of that Country : David the Third Son , he made Earl of Huntington , in England , and of Garioch , in Scotland : He made the more haste to prefer them , because , being Sick of a mortal Disease , he foresaw , his Time could not be long in this World. He dyed in the Year of Christ 1553. the * Ninth of the Calends of Iune . He was so well beloved , That all Men thought , they had lost rather a Father in him , yea , the best of Fathers , than a King : For , thô his whole Life was so Devout , as no History records the like ; ) yet , some few Years before his Death , he Devoted himself to the Preparation for his later End ; So that , his Deportment then did much increase Mens Veneration for the former part of his Life . For , thô he equalled former Kings , who were most Praise-worthy , in the Art of War , and excelled them in the Study of Peace : Yet now , leaving off contending with others , for Superiority in Virtue ; He maintained a Combat with himself alone , wherein he advanced so much , That if the Highest , and most Learned Wits should endeavour to give the Idea , or Pattern , of a Good King , they could never comprehend in their Thoughts , such an exemplary Prince , as David shewed himself , in his whole Life , to be : He Reigned 29 Years , 2 Months , and 3 Days . Malcolm , IV. The Ninety Second King. HIS Nephew Malcolm succeeded him , who , thô yet Under-age , gave great hopes of his future Ingenuity . For , he was so Educated by his Father and Grandfather , that he seemed to resemble them asmuch in the Virtues of his Mind , as in the Lineaments of his Body : In the beginning of his Reign , a great Plague raged all over Scotland , whereby great Numbers of Men , and Cattle also , were destroyed . At that time , one Somerled was Thane of Argyle , whose Fortune was above his Family , and his Mind above his Fortune . He , conceiving some hopes to enjoy the Kingdom , by reason of the King's Non-age , and the present Calamity , gathered a Band of his Confidents together , and invaded the adjacent Countries . Yea , the Havock he made was spoken of far and neer , and the fear of him spreading itself further , many Bad Men coming in to him , and some Good good being forced to joyn with him too , in a short time he made up a vast Army . Upon the report of this Tumult , Donald also , the Son of Malcolm Macbeth , made another Bustle ; but , being taken at Whithorn in Galway , and sent to the King , he was committed to the same Prison with his Father : But , soon after , the King was reconciled to them , and they were both released . Gilchrist , Earl of Angus , was sent , with an Army , against Somerled , who defeated and killed many of his Men , and caused him , with some few more , to fly into Ireland . This Victory , thus unexpectedly and suddainly obtained , produced Tranquillity at home , but Envy abroad . For Henry , King of England , an Ambitious Prince , and desirous to inlarge his own Dominions , resolved with himself to curb the growing Greatness and Power of Malcolm . But he could not well make open War upon him , out of Conscience of that Pact and Oath , which he had sworn to him . For , when he received the Military Girdle , ( as the Custom is ) from King Malcolm's Grandfather , at Carlisle , he promised , and took his Oath on it , ( as William of Newberry , besides our own Writers , say , ) That he would never go about , to deprive , either David himself , or any of his Posterity , of any part of those Possessions , which David then held in England . He being somewhat bound up by this Oath , That he might find out some colour for his Calumniations , he resolved to try the Kings Patience in a lesser Matter . When Iohn , Bishop of Glascow , was Dedicating Churches , Shaving Priests , and performing the other Parts of his Episcopal Office , ( as then they were judged to be ) all over Cumberland . Henry , by Trustine , Archbishop of York , sent a new Bishop into that Country , called the Bishop of Carlisle . Iohn was so moved at the Injury , that , seeing no sufficient Safeguard , neither in the King , nor in the Law , he left his Bishoprick , and retired into the Monastery of Tours , in France . Whence he returned not , untill the Pope , at Malcolm his Request , drew him unwillingly out of his Cell , and made him return to his own Country : Malcolm bore the wrong better , than some hoped ; so that , not thinking it a sufficient Cause for a War , he went to Chester in the Street , there to quiet Suspicions , and to cut off occasions of Discord . Being arrived there , by the Fraud of Henry , he was Circumvented , and made to take an Oath of Fidelity to him ; whereas , it was not the King himself , but his Brothers , who had Lands in England , according to an old Agreement , who were to take that Oath . But this was Craftily and Maliciously devised by the English King , to sow the Seed of Discord amongst Brethren : which the following year did more fully appear , when he cokes'd Malcolm out of Northumberland , which was his Brother William's Patrimony . For , he sent for him to London , That , according to the Examples of his Ancestors , he , in a publick Assembly , might acknowledge himself his Feudatary , for the Lands which he held in England . He , under Covert of the Publick Faith , came speedily thither , but without doing any thing of That , for which his Journey was pretended , he was inforced , against his Will , with that little Retinue , which he had , to accompany Henry into Henry's Design herein , was , partly , that the Scots might not attempt any thing against him in his absence ; and partly , to alienate the Mind of Lewis , King of France , from him . Thus , Malcolm was compelled , for fear of a greater Mischief , to go against his old Friend , and was not suffered to come back to his own Country ; till King Henry , having made no great Earnings of the French War , returned home also . Then Malcolm obtained leave to return to Scotland ; where , in a Convention of the Nobility , he declared to them the Adventure of his Travels ; but , he found a great Part of them very much incensed , that he had joyned with a certain Enemy , against an Old and Trusty Friend ; and did not foresee the Artifices , by which Henry had gulled him . The King , on the other side , alleged , That he was haled unwillingly into France , by a King , in whose Power he was , and to whom he dared to deny nothing , at that time ; and therefore , he did not despair , but the French would be satisfied and appeased , when they understood , he was hurried thither by Force , and carried none of his Country Forces along with him . This Harangue , with much ado , quieted the Sedition for the present , which was almost ready to break out . But Henry , who had Spies every where , knew , That the Tumult was rather suspended , than that the Minds of Men were reconciled to him ; and therefore , he Summoned Malcolm to come to a Convention at York . There he was accused of a pretended Crime , That the English had been worsted in France , principally by his means ; and therefore , it was referred to the Assembly , Whether he ought not to lose all the Countries which he held in England . Though he answered all the objected Crimes , and fully cleared himself ; yet , he found all their Ears shut against him , as being prepossessed by the Fears or Favour of their King ; so that a Decree was made in Favour of Henry : Neither was he contented with this Injury , but he also suborned some Persons , fit for his purpose , to bruit it abroad , That Malcolm had freely , and of his own accord , quitted his Interest in those Countries . At which , his Subjects , the Scots , were so incensed , that at his Return home , they besieged him in Perth , and had almost taken him . But , by the Intervention of some great Men , their Anger was somewhat abated , when he had informed the Nobility , how unjustly , and fraudulently , Henry had despoiled him of his Ancient Patrimony . Whereupon , they unanimously agreed upon a * War , that so he might recover by just Arms , what was unlawfully taken from him by Force . Thus a War was Decreed , Denounc'd , and Waged , not without great Inconveniencies to both Nations . At last , both Kings came to a Conference , not far from Carlisle , and after much dispute , Pro and Con , Henry took away Northumberland from Malcolm , leaving him Cumberland , and Huntington-shire ; Henry had no other Pretence for his Ambitious Avarice , but This , That he could not suffer so great a Diminution to be made of his Kingdom . But , seeing no respect to Justice , and Right , no Pacts , Covenants , no , nor the Religion of an Oath , could hinder the unsatiable Avarice of Henry ; Malcolm , being a Man of a low Spirit , and too desirous of Peace , upon any Conditions whatever , accepted of his Terms , sore against the Minds of the Scots Nobility ; who denied , That the King could alienate any part of his Dominions , without the General Consent of the Estates . After this , the King began to be despised by his Subjects , as not having Fortitude , or Prudence , enough , to weild the Scepter ; neither did any thing bridle their fierce Minds , from Rising in Arms , but a greater Fear from Henry ; who ( they knew ) did aim at the Conquest of the whole Island , being encouraged thereunto , by the Simplicity of Malcolm , and by his Hopes of Foreign Aid . This General Disaffection to the King did much lessen the Reverence of his Government . A Rebellion was first begun by Angus , or rather , Aeneas , of Galway , a Potent Man , but yet more encouraged by the Kings Sloth , than his own Power . Gilchrist was sent against him ; who overthrew him in Three Fights , and compelled him to take Sanctuary in the Monastery of White-horn , out of which it was not counted Lawful to pull him by Force ; and therefore , after a long Siege , being driven to the want of all Necessaries , he was forced to Capitulate : He was to lose part of his Estate for his Punishment ; and his Son was to be given , as an Hostage , for his good Behaviour for the future . But , he being of a lofty Spirit , and not able to endure this abatement of his former Greatness , turn'd Monk , shaved himself , and shut himself up in a Monastery near Edinburgh , to avoid the shame and scorn of Men. Neither was there Peace in other Parts of the Realm ; for , the Murray-Men , being always given to Mutinying , rose in Arms under Gildo , or rather Gildominick , their Captain ; and did not only spoil the circumjacent Counties ; but , when Heralds of Arms were sent from the King , they most barbarously slew them . Gilchrist was sent out against them also , with a greater Army , but with unlike Success : For the Valour of an Adversary , which is wont to be a Terrour to other Rebels , drove those wicked Persons ▪ conscious of their own Demerits , to Desperation ; and therefore , endeavouring to sell their Lives , as dear as they could , they routed the opposite Army , and became Conquerors . Malcolm , upon this overthrow , recruited his old Army , and marched into Murray , and met the Murray-Men , at the Mouth of the River Spey ; who , though they knew , that the Kings Forces were encreased , and Theirs diminished in the late Fight ; yet , being encouraged by the Opportunity of the Place , and their newly obtained Victory , they resolved to Adventure a Battel . The Fight was carried on with great Resolution , and no less Slaughter : For the Moravians gave not back , till the Kings Forces , being wearied , had new Releif from Reserves , sent them . Then the Moravians were broken , and there was no more Fighting , but Killing . The Fury of the Soldiers spared no Age , nor Rank of Men. In this Fight , the old Moravians were almost all slain ; which Punishment , though Cruel , seemed not to be undeserved ; and the Greatness of the Revenge was allayed , and made excuseable , by the Savage Cruelty of that perfidious People , against others . Hereupon , new Co●onies were sent into the Lands of the slain . Neither did * Sumerled , in this hurly burly ▪ think it fit to sit still ; he , ( as I said before ) after his overthrow , fled into Ireland ; and , from that time forward , exercised Pyracy upon the Coasts of Scotland ; but now judging , that a great Part of the Military Men being slain in Battel , he might either get a rich Booty from those who would shun the hazard of Fighting ; or else , an easie Victory from them who would stand to it ; gathered a great Band of Roysters together , and arriving at the Firth , or Bay , of the River Clyde , there made a Descent ; and Fortune , at first , favouring his Design , he penetrated , as far as Renfreu . But there , whilst he was more intent on Plunder , than on the Safety of his Men , he was surprized by a far less Number than his own , and lost all his Soldiers , he himself being saved , and brought alive to the King , for further Scorn and Punishment ; though some say , That both he and his Son too were slain in the Battel . These things were acted about the Year of Christ 1165. The Kingdom being thus quieted from all Tumults , an Assembly of all the Estates was Indicted at Scone , where many things were Decreed for the Confirmation of the State of the Kingdom ; and , amongst the rest , the whole Assembly unanimously made it their Request to the King , That he would think of Marriage , in regard he was now fit for it , as being above Twenty Two years of Age , and by that means , he might beget Children to succeed him . They told him , It was a publick Debt , due to the Kingdom , as well as a private One to his Family , and that he ought to mind , not only the present time , but to have a prospect to the Tranquillity of future Ages too . His Answer was , That ever since he had been capable to Order and Direct his own Life , he had Solemnly Vowed to God , to live a Continent , and a Batchelor's Life ; which Vow , said he , I think , was the more acceptable to God , both because he gave me the strength to perform it ; and also , because he hath prepared Heirs already to succeed me ; so that I am not compelled to break my Vow , neither by any Weakness of my own Spirit , nor by any other publick Necessity . Thus dismissing the Parliament , having Peace abroad , he applied his Mind to the Arts of his Forefathers , i. e. Building of Churches , and Donations on Monks , wherein he would have exceeded his Ancestors , if God had given him a longer Life . For he died not long after , on the Fifth of the * Ides of December , in the Twenty Fifth Year of his Age , and a little more than the Twelfth Year of his Reign , and in the Year of our Redemption 1165. William , The Ninety Third King. HIS Brother , William , Succeeded him ; who , entred upon the Kingdom , Fifteen Days after Malcolm's Death . He would Transact no Publick or Private Business of any weight , till he had craved of Henry of England the Restitution of Northumberland . Henry commanded him to come to London , to do him Homage , for the Counties of Cumberland and Huntingdon , according to custom ; which he did , not unwillingly ; yet desisted not from pressing to have * Northumberland restored . Henry gave him an Ambiguous Answer , saying , That , in regard Northumberland was taken away from Malcolm , and given to him by the States of the Kingdom , he could not part from it without their Consent ; but he should come to the next Parliament , and there expect Iustice to be done . William , though he expected no Good from the Parliament ; yet , to cut off all occasions of Calumny from his Adversary , resolved to wait , in England , for the Convening and Opening of it ; and , in the mean time , he accompanied Henry , though against his Will , to the War in France . There he profited nothing by his daily Solicitations , and foreseeing , that the King would not speedily return into England , with much ado , he obtained a Convoy , and returned into Scotland . After his Return , the first thing he did , was , to repress the Insolencies of Thieves and Robbers , by punishing and clearing the Country of the Offenders . Then , he erected Castles , and placed Garisons in convenient Places , to prevent suddain Invasions : At last , he sent Ambassadors into England , to demand Northumberland , denouncing War , in case of Refusal . Henry , being intangled in the French War , yielded up to him that Part of * Northumberland , which William's great Grandfather held . William took It , but on this Condition , That he would not remit his Right in , or Claim to , the rest . The English King took this very heinously , and , being sorry , he had parted with any of Northumberland , before the Controversie was decided , he made Incursions into the Scots Borders , and thus sowed the Seeds of a new War ; and by this means , he hoped to have taken away also the other Lands , which he would have brought into dispute . When Right was claimed by the Wardens of the Marches , according to Custom , the English complained , That their Borders were molested by Scotish Robbers ; so that the Ambassadors were sent away , without obtaining the thing they came for ; yea , almost without an Answer : The Scots , to obtain that by Force , which they could not do by fair means , levied an Army , and entred upon , and wasted , the bordering Lands of the English , with Fire and Sword. This being about Harvest , the English , in the absence of their King , were content only to stand upon the Defensive , what they could ; but then levied no Army ; yet , the Winter following , some Action passed , and many Incursions were made . The next Summer , * William listed a great Army , and marched into the Enemies Country ; the English , having few or no Forces ready to withstand them , send Ambassadors to their Camp , proffering a great Sum of Money for a Truce ; which , if they could obtain , they gave Hopes , that all things would be accorded , to Content . William , being a plain-Hearted Man , and willing to preserve Peace , ( if obtainable , upon reasonable Conditions ) before a War , though a just one , gave Credit to their Fallacious Promises . The English spent all the time of the Cessation , in Preparations for War ; but , in the mean time , they plied the Scots with Ambassadors , who made large Promises ; though their true Errand , was , to discover their Enemies Camp ; and finding the Scots , on Confidence of the Truce , re-miss and negligent , and the greatest Part of their Army scattered to get in Forage ; they returned and gave their Army notice , that now was a fair opportunity for Action , which they urged them not to omit ; whereupon , placing the greatest Part of their Army in Ambush , about Four Hundred nimble Horsemen , in the Third Watch , a few hours before Sun-rising , marched directly to Alnwick , where the Scots Camp was pitcht ; there , finding all things in greater Security than they expected , they set upon the King , who was riding up and down , ( with Sixty Horse only , as if there had been a setled Peace ) and before they could well be discerned , whether they were Friends or Enemies , ( for they disguised themselves with Scots Arms and Ensigns , that they might pass for Scots ) They took him Prisoner in the Nineth Year of his Reign ; some few were rouzed up at the hubbub , and pursued scatteringly ; divers of them rushed amongst their Enemies , as not being willing to forsake their King , and so were made Prisoners , also . William was carried to Henry , then Warring in France . The English , being elated with this unexpected Success , invaded Cumberland , thinking to carry it , without Blows . But Gilchrist , and Rolland , Two Scot● Commanders , did so entertain Them , that , being repuls'd , they made a Truce , and were content to enjoy Northumberland only , as long as the Scots King was a Prisoner , and to leave Cumberland and Huntingtonshire to the free Possession of the Scots . In the mean time , David , the Brother of William , Earl of Huntington in England , and of Garioch in Scotland , who then fought under the English Banners , received a Convoy , and returned into Scotland ; where , having setled things for the present , he sent Embassadors into England about the Redemption of his Brother , who was then kept Prisoner at Falise , a Town in Normandy . The King gave Fifteen Hostages to the English , and surrendred up Four Castles , viz. the Castle of Roxburgh , of Berwick , of Edinburgh , and of Sterling ; and then he was permitted to return home in the Calends of * February . But then he was called upon by the English , to appear at York , with his Nobles and Bishops , on the * 18th of the Calends of September . Being arrived there , he and all his Followers ( who were the Chief Nobility ) took an Oath of Obedience to King Henry , and gave up the Kingdom of Scotland into his Guardianship and Patronage . These Conditions , thô very hard , yet the Scots were willing to accept of , That so they might have the best of Kings restored to them , as the English Writers say . Thomas Walsingham of England writes , That this Surrender was not made at York , but at * Constance ; Yet some say , That this Interview of Both Kings , was not in order to the Surrender of the Kingdom , but for the Payment of certain pecuniary Pensions ; and , That the Castles were put into the hands of the English , as Cautionaries only , till the Money was paid . This Opinion seems to me most probable , as appears by the League renewed with Richard , Henrys Son , of which in its due place . William , at his Return , in a few Months , by Gilchrist his General , quelled the * Insurrections made in his absence , in Galway . On the Fourth of the Calends of February , there was an Assembly Indicted at Norham by Tweed . Thither William came , where the English laboured extreamly , That all the Scots Bishops should acknowledge the Bishop of York , for their Metropolitan ; The Popes Legate also concurred with them , in their Desire , and earnestly pressed , That it might be so Enacted . After a long Dispute , the Scots Answered , That , at present , few of their Countrymen were there , and that they could not bind the absent to obey their Decree , if they should consent to any . Hereupon , the matter was deferred to another time ; and , shortly after , the Scots Bishops sent Agents to Rome , to justify their Cause before Alexander the Third , by whose Decree the Bishops of Scotland were freed from the Yoke of the English ; and so the Messengers returned , joyfully , home . Not long after , Gilchrist , whom I have often mentioned before , slew his Wife , who was the King's Sister , because she had Committed Adultery . Whereupon he was summoned to appear on a certain day , but , not coming , was Banished for ever : His Houses were Demolished , and his Goods Confiscate . About the same time , the Castle of Edinburgh was restored to the Scots ; one of the Pensions having been paid , and to make the Concord between Both Kings more firm ; a Law was made , That neither King should harbour the Enemy of each other . Upon this Law , Gilchrist , who lived Banished in England , was forced to return , and , shifting from place to place , as a Stranger , amongst Strangers , and unknown , he passed his Miserable Life , in great Penury and Want. In the interim , William prepared for an Expedition into Murray , to suppress the Thieves of the Aebudae , whose Captain was Donald Bane , i.e. the White , who derived his Pedigree from the Kings , and had also assumed the Name of King : He made his Descent from his Ships , in many places , and spoiled not only the Maritime Parts , but , his Boldness increasing , by reason of Impunity , those Places also , which were very remote from the Sea. The King sent out Ships to sail about , and burn his Fleet , whilst he with a Land Army attacqued them ; and , so doing , he put them almost all to the Sword. In his return , as he was near Perth , he found Three Countrymen , which yet seemed to be more than so , had not it been for their shabby and uncouth Habit ; who seemed to avoid meeting any Company ; but the King caused them to be brought to him , and viewing them intently , was very earnest to know , What manner of Creatures they were . Gilchrist , being the Elder of them , fell down at the King's Feet , and , making a Miserable Complaint of his Misfortunes , tells , Who he was ; upon which , the Memory of his former Life , which he had passed with so much Splendour , did so passionately affect all that were present , That they could not chuse but fall a Weeping . Whereupon , the King commanded him to rise from the Ground , and restored him to his Former Dignity , and the same Degree of Favour , he had before . These things fell out about the Year 1190 , at which time , Richard , who , the Year before , had succeeded Henry his Father , in the Realm of England , prepared for an Expedition into * Syria . He restored the Castles to the King of Scots , and sent back the Hostages , freeing him , and his Posterity , from all Pacts , either extorted by Force , or obtained by Fraud , made with the English , and suffered him to enjoy the * Realm of Scotland , by the same Right , and within the same Limits , as Malcolm , or any former Kings had held it : Mathew Par●s makes mention of These Conditions ; William , on the other side , That he might not be ungrateful to Richard , upon his going to War into a strange Country , gave him 1000 Marks of Silver , and commanded David his Brother , who was Declared Earl of Huntington , to follow him into Syria . This David , in his Return from thence , had his Navy scattered by Tempest , was taken prisoner by the Aegyptians , redeem'd by the Venetians , and at last , being known at Constantinople by an English Merchant , after Four years time , he returned into Scotland , and was received with the general Gratulation of all Men , especially of his Brother . Boetius thinks , that the Town where this David was landed in Safety , before-named Alectum , was now called * Deidonum , but because the Name of Alectum is found in no Author but only in Hector Boetius ; I rather think , it was called Taodunum , a Word compounded of Tay and Dun , i. e. Dundee . Not long after , Richard , after many Hazards and Misfortunes , * returned also from the same Voyage . William and his Brother came to congratulate him upon his Return , and gave him 2000 Marks of Silver , as a Largess , being moved thereunto , either out of Remembrance of his former Bounty to him , or on the Consideration of his present Want. Neither were ever the Scots and English more Gracious , than at that time , as many judge : There William fell very Sick , and a Rumour of his Death being noised abroad , caused new Combustions in Scotland . Harald , Earl of the Orcades , and of Caithnes , hated the Bishop of Caithnes , because ( as he alledged ) he was the Obstacle , that he could not obtain what he desired of the King ; and therefore he took him Prisoner , cut out his Tongue , and also put out his Eyes . The King , returning home , overthrew Harald in several Skirmishes , and destroyed most of his Forces : Harald himself was taken in his Flight , and brought back to the King , who when his Eyes also were first put out , by way of Retaliation , was afterwards hanged ; his whole Male-Stock were Gelded , the rest of his Kinn , and Companions of his Wickedness , were deeply Fined . These things are thus related by Hector Boetius , and common Report confirms them ; yea , the Hill receiving its Name from Testicles , gives credit to the Relation , so that it seems truer than what others Write in this matter . These things happened in the Year of our Salvation , 1198. in which Year the King had a Son , named Alexander , Born to him ; and Richard of England dying , his Brother Iohn succeeded him . Whereupon , the King of Scots went into England , to take his Oath to him , for the Lands which he held in England ; and in the beginning of Iohn's new Reign , his Coming was not more acceptable , than his Departure displeasing ; * because he refused to follow Iohn in his Expedition into France , against Philip his old Friend , So that , as soon as Iohn returned out of France , he sought Occasion for a War with the Scots , and began to build a Fort over against Berwick . William , having , in vain , complained of the Injurie , by his Embassadors , gathered a Company together , and demolished what was built thereof . Upon which , Armies were Levied on both sides , but when their Camps were near to one another , Peace was made , by the Intervention of the Nobles , on these * Terms That William's Two Daughters should be given in Matrimony to Iohn's Two Sons , assoon as ever they were Marriageable . A great Dowry was promised , and Caution made , That no Fort should be built , and Hostages also were given , in the case . William at his return , fell into an unexpected Danger ; The greatest Part of the Town of Berth was swept away in the Night , by an Inundation of the River Tay ; Neither was the King's Palace exempted from the Calamity , but his Son , an Infant , with his Nurse , and 14 more , were drowned , the rest hardly escaping . Many also of the Promiscuous Multitude lost their Lives . * The King , perceiving , that the Water had overwhelmed the greatest part of the Ground , on which the City stood , and that almost every House in the Town had suffered thereby , caused a new City to be built , a little below , in a more commodious place , on the same River , and , making some small variation of the Name , called it Perth , in Memory ( as some say ) of one Perth , a Nobleman , who gave the King the Land , on which the City was built . About the same time , the King took Gothered Makul , Captain of the Rebels in the North , who was betrayed to him by his own Men. When he was Prisoner , he constantly abstained from all Food , to prevent , as 't is thought , a more heavy Punishment . This was in a manner , the last memorable Fact of William's , which yet , in regard of his unweildy Age , was acted by his Captains . For he Dyed soon after , in the 74 th year of his Age , and the 49 th year of his Reign , A. D. 1643. Not long before his Death , Leagues were renewed with Iohn King of England , almost every Year ; for he , being a Man desirous to enlarge his Dominions , thô he had War with the French abroad , with the Romanists at home , and moreover , was never on sure Terms of Peace with the Irish or Welsh ; yet , did not break off his Inclination to invade Scotland , which had then an old Man for their King , and the next Heir to him , a Child . Frequent Conferences happened on this Occasion , rather to try what might be obtained , than in hopes of any good Issue ; at length , the Matter broke out into open Suspicion ; And , after many Leagues made between Them , at last William was called to Newcastle upon Tine , Whither he came , but there , falling into a dangerous Disease , he returned without doing any thing . In fine , a little before his Death , he was invited to Norham on the Tweed , and when his Sickness would not permit him to go , his Son was desired to come in his stead , which , yet , by the Advice of the Council , was refused ; the Leagues , established in those Interviews , I shall not particularly mention , for they , almost all , contain the same things , having in them nothing New , save that in One of them it was Articled , * That the Scotish Kings should not Swear , nor be Feudataries , to the Kings of England Themselves , for the English Lands they held ; but their Children , only . The Mention of these things is wholly omitted by the English Writers , also , I believe , for this very Cause . Alexander II. The Ninety Fourth King. WIlliam was succeeded by Alexander , his Son , begot on Emergard , who was Kinswoman to the King of England , and Daughter to the Earl of Beaumont . * He was but Sixteen years of age when he began to Reign ; entring upon the Government in troublesom Times , he composed and setled things more prudently , than could be expected from one of his years . First of all , he Indicted a Publick Convention of the Estates , and therein , by a Decree he confirmed all the Acts of his Father , that good and prudent Prince . His first Expedition was into England , * not out of any private Ambition , but to bridle the Tyranny of Iohn ; and it was then said , that he was sent for in by the Ecclesiasticks of that Kingdom . He left Norham , upon certain Conditions , when he had begun to besiege it ; and piercing further into the Kingdom , he carried it very severely against all the Royalists . Upon his Return home , Iohn invaded Scotland , quickly after . He made a mighty Devastation in Dunbar , * Hadington , and all the Neighbouring Parts of Lothian ; and , to spread the War and Ruin further , he determined to return another Way . Alexander , being very desirous to decide it by a Battel , pitcht his Tents between the Pentland Hills , and the River Eske , which way , as it was bruited , he would return ; but Iohn , to avoid fighting , marched along by the Sea , and burnt the Monastery of Coldingham , he also took and burnt Berwick , which was then but meanly fortified . As he thus marched hastily back , Alexander followed him as fast as he could , and , making great havock all over Northumberland , came as far as Richmond : But Iohn , by speedy marches having retreated into the heart of England , Alexander returned by Westmorland , and laid all waste to the very Gates of Carlisle ; The City it self he took by Force , and Fortified it . The next year , Lewis , the Son of Philip , King of France , was sent for , by those who favoured the Ecclesiastical Faction , to London , that so , he , upon the Proscription of Iohn , might possess the Kingdom ; and so was King Alexander of Scotland too , who came to aid his Old Friend . But Iohn , * being forsaken by his Subjects , and assaulted also by Foreign Arms , upon the Payment of a great Sum of Money at present , and the Promise of a perpetual Pension ; and moreover , transferring the Right of the Kingdom of England to the Pope ; so that the Kings of England , for the future , were to be His Feudataries , was received into Favour . So that he obtained Letters from Rome by Cardinal Galo , a Man of known Avarice , wherein the Scots and French were , with great Threats , forbid to meddle with a People , which were Tributaries to the Holy See. Upon this sudden Change of things , Lewis returned into France , and Alexander into Scotland ; but his return home was not so quiet , as his entrance into England was ; For the English , pressing upon the Rear of his retiring Army , took many of the Stragglers , Prisoners . And besides , Iohn had broken down all the Bridges on the Trent , and had fastned sharp Pikes , or Palisadoes , in all its Fords , removing away all Ships and Boats , so that it seemed to be so great an Impediment unto him , that he could not avoid it , but must certainly be destroyed . In the mean time , Iohn was poysoned by an English Monk at * * Newark , a Town seated on the Trent , and being carried in a Litter , died in two days . That Casualty opened the way for Al●xander's March. Then , blaming and punishing his Men for their former Carelessness , he marched on more circumspectly , but not without the great Damage of those , through whose Countrys he passed : For whatsoever could be driven away , or carried , he took with him , and so returned home with a great Booty . Galo , the Popes Legat , when he had setled Henry , the Son of Iohn , in the Throne , mulct the Nobles of England in a great Sum of Money , and then received them into Favour . And to give them some Recompence for their Loss , by the like Calamity of their Enemies ; he Excommunicates Lewis of France , * and Alexander of Scotland , in hopes to obtain some Prey from them , also . The Scots were Interdicted all Divine Offices ; for he imagined , that his Thundring Curses would prevail more amongst the simple Vulgar , than with the Kings . But at last , Peace was made between the Two Kings ; the Scots were to restore Carlisle , and the English , Berwick ; and the Ancient Bounds at * Kings-Cross were to be observed by them Both. Alexander and his Subjects were released from their Censures by the English Bishops , who were Authorized thereunto . Hereupon Galo was much enraged , That so great a Prey should be taken out of his Hands , so that he turned his Anger on the Bishops , and the rest of the Clergy of Scotland , as his own Peculiar , with whom Kings had nothing to do . He summoned them to appear at Alnwick , Whither when they came , the more fearful appeased his Wrath with Money ; the more resolute were Cited to Rome . But they , having also received many Letters from some of the English Bishops and Abbats , directed to the Pope , concerning the sordid Spirit of the Ambassador or Legat , made grievous Complaints against him , calling him the Firebrand of all mischief , * because he studied not the Publick Good , but his own Avarice , and did chaffer for , and sell , Peace and War amongst Princes , at his own pleasure . Galo ▪ not being able to acquit himself of the Crimes laid to his charge , was Fined by the Pope in the Loss of the Money he had got ; which was to be divided amongst his Accusers . Hereupon , they returned home , loaden with large Promises , but with empty Purses . A few years after , Henry of England , being now grown Ripe both in Years and Judgment , came to York ; there he agreed with Alexander , in the presence of Pandulphus , * the Popes Legat , to take Henry's Sister , to Wife , by whom yet , because of her untimely Death , he had no Children . From that time , there was Peace between Both Kings as long as they lived . There he also solemnly Promised and Swore before the same Pandulphus , That he would bestow the Two Sisters of Alexander in Honourable Marriages according to their Dignity , as his Father had promised , before . But one of them returned home unmarried , one only being bestowed in Marriage . The next Year , viz. 1220 , the Cardinal of St. Giles , came into England , to fish for Money for the Holy War ; and accordingly having scraped together a great Sum , in both Kingdoms , which , by his Impostures , he had gulled Persons , 〈◊〉 credulous , of , he Luxuriously spent it in his Journy ; so that he came empty to Rome , falsely alleging , That he was robbed by Thieves in the way . Another Legat presently succeeded him ; but Men , having been twice cheated by Roman Fraud , by a Publick Decree , * forbad him to set his foot on Land. Alexander was busied to suppress Vices at home , which sprung up by the Licentiousness of War , and he travelled over the whole Kingdom , with his Queen , to do Justice , whilest Gilespy , a Rossian , spoiled Ross , and the Neighbour Counties ; for , passing over the River Ness , he took and burnt the Town of Enverness ; He cruelly slew all those , that refused to obey him . Iohn Cumin , Earl of Buchan was sent against him , * who took him and his two Sons , as they were shifting up and down , and changing their Quarters , to secure themselves ; and cut off their Heads , and so sent them to the King. About this time , the Caithnesians entred by night into the Bedchamber of Adam their Bishop , and there killed a Monk , who was his usual Companion , ( for he had been , before , Abbat of Mulross ) and one of his Bedchamber ; as for the Bishop himself , they grievously wounded him , and dragging him into the Kitchen , there they burnt him and the House he was in . The Cause of their great Cruelty , was , ( as 't is reported ) because the Bishop was more severe than in former times , in exacting his Tithes . The Offenders were diligently sought out , and most severely punished ; The Earl of Caithnes , though he were not present at the Fact , yet was somewhat suspected , but afterward being brought privately to the King in the Christmas Holy-days , which the Scots call Saturnalia , he humbly begg'd Pardon of the King , and obtained it . About this time , Alane , of Galway , the powerfullest Man in Scotland , departed this Life . He left Three Daughters behind him , of whom I shall speak hereafter . Thomas , his Bastard Son , despising their Age and Sex , sets up for himself , as Lord of the Family , and , not contented herewith , he gathers 10000 Men together , * kills all that oppose him , and drives Booties , far and near , from all the Neighbouring-Countries . At last , the King sent an Army against him , who slew 5000 of the Rebels with their General . The same year , * Alexander , with his Wife , went for England , to allay the Tumults , as much as he could , raised against Henry , and to reconcile him to the Nobility . Whilest he was busie about this , at York , his Wife went with the Queen of England , a Pilgrimage to Canterbury , but at her return , she fell sick , died , and was buried at London . Not long after her Death , the King being Childless , Married Mary , the Daughter of Ingelram , Earl of Coucy in France , in the year of Christ 1239 , by whom he had Alexander , who succeeded his Father in the Kingdom . Two years after , viz. in 1242 , whilst the King was hastening to England , to visit that King , newly returned from France , and refreshed himself a while at Hadington , in Lothian , with Horse-Races ; the Lodging or Inn of Patrick of Gallway , Earl of Athol , was set on Fire , wherein he , and two of his Servants , were burnt ; the Fire speading it self a great way further . It was not thought to have casually happened , because of the Noted Fewds between Patrick , and the Family of the Bizets . And though , William , the Chief of that Family , was at Forfar , above 60 Miles from Hadington , the same night , that the Fire happened , as the Queen could testify in his behalf ; yet , because the adverse Party , being the Kindred of Patrick , pleaded , That many of his Servants and Tenants were seen at Hadington at that time , William was Summoned to appear ; He came to Edinburgh at the day prefixed , but , not daring to stand to his Tryal , because of the Potency of his Adversaries , which were the Cumins's , he would have Tryed the matter in a Duel ; but That being not accepted , he , and some of his Sept banished themselves into Ireland , where he left a Noble Family of his Name and House . There was also another Seditious Tumult in Argyle , Raised by Sumerled Son of the former Sumerled , but he was soon suppressed by Patrick Dunbar , and , submitting to the Kings Mercy , obtained Pardon for all his past Offences . The King , not long after , fell sick , and died in the 51 Year of his Age ; the 35 of his Reign ; and of our Lord , 1249. Alexander the III. The Ninety Fifth King. ALexander the Third , His Son , was Crowned King at Scone , the same Year , a Child , not past Eight years Old. The Power of all things was mostly in the Faction of the Cumins's . For they turned the Publick Revenue to the Enrichment of themselves , oppressed the Poor , and , by false Accusations , cut off some of the Nobles , who were averse to their humours and desires , and dared to speak freely of the State of the Kingdom ; and being Condemned , their Goods were Confiscated , and brought into the Kings Exchequer , from whence they ( who rather Commanded , than Obeyed , the King ) received them back again for their Private Emolument . A Convention of the Estates being held , the chief Matter in agitation , was , to pacify the King of England , lest , in such a troublesome time , he should make any Attempt upon Them ; and , to do it more easily , an Affinity was proposed . This Way seemed more commodious to the Anti-Cuminian Party , to undermine their Power , than openly to oppugn it . Whereupon , Embassadors were sent to England , who were kindly received , and munificently rewarded , by that King , who granted them all their Desires . The next Year , which was 1251 , both Kings met at York , the 8th of the Calends of * D●cember . There , on Christmas day this Alexander was made Knight by the King of England , and , the day after , the Match was concluded betwixt him and Margarite , Henrys Daughter . A Peace was also renewed betwixt them , which as long as Henry lived , was inviolably observed . And because Alexander was yet but a Child , and under Age ; it was Decreed , by the advice of his Friends , That he should consult his Father-in-Law , as a Guardian , in all Matters of Weight : Some of the Prime men , being accused by Virtue of this Decree , secretly withdrew themselves . When the King returned home , Robert , Abbat of Dumferling , Chancellor of the Kingdom , was accused , because he had Legitimated the Wife of Alane Durward , who was but the Natural , or Base-born , Daughter of Alexander the Second , That so , if the King dyed without Issue , she might come in , as Heiress Upon this Fear , the Chancellor , as soon as ever he returned home , surrendred up the Seal to the Nobles . Gam●lin , afterwards Bishop of St. Andrews , succeeded him in his Office. The Three next Years , they , who were the Kings Council , did , almost every one of them , carry themselves , as Kings ; whatever they catched , was their own ; so that the poor Commonalty was left destitute , and miserably oppressed . The King of England , being made acquainted therewith , out of his paternal Affection to his Son in Law , came to Werk-Castle , scituate on the Borders of Scotland , * and sent for his Son in Law Alexander , and his Nobles , thither . There , by his Advice , many advantageous Alterations were made , especially of those Magistrates , by whose Defaults , Insurrections had been made at home : And also many profitable Statutes were Enacted , for the Future . The King returned to Scotland with his Wife ; and having an English Guard to convey him home , he resolved to dwel in the Castle of Edinburgh . Walter Cumins Earl of Monteath kept the Castle , who was disaffected because of the Change of the Publick State , made by the King of England ; yet , he was compelled to surrender it , by Patrick Dunbar , with the Assistance of the English Forces . The greatest Part of the Nobility , and of the Ecclesiasticks , were offended , in regard their Power was somewhat abridged , by those New Statutes , which they looked upon as a Yoke imposed upon them by the English , and a Beginning of their Servitude : Yea , they proceeded to that height of Contumacy , that , being Summoned to give a Legal Account of their Management of Affairs in former times , they made light of the Summons ; The same Persons , who were the Principal Actors in disturbing things before , were now the Chief Incouragers to Disobedience . They were generally the Clans of the Cumins's , Walter Earl of Monteath ; Alexander , Earl of Buchan ; Iohn Earl of Athol ; William Earl of Marr , and other Considerable Men of the same Faction . They dared not to put their Cause on a Legal Tryal , as being conscious to themselves of the many Wrongs done to the Poor , and meaner Sort , yea , to the King himself , and therefore they resolved to out-face Justice , by their Impudent Audacity . For being informed , That the King was but lightly Guarded , and lived securely at Kinross , as in a time of Peace , They immediately gathered a Band of their Vassals about them , Seized him as he was asleep , and carried him to Sterling ; and , as if there were no Force in the Case , but they had been rightfully Elected , they discharged and expelled his Servants , took New , and managed all things at their own Will and Pleasure ; so that now , the Terror and Consternation was turned upon the Former Counsellors . But this Sedition was allay'd by the Death of Walter Cumins , who was Poysoned , as it is thought , by his Wife , an English Woman ; The Suspicion thereof was encreased on her , because , tho' she were Wooed by many Nobles , yet she Married Iohn Russel her Gallant , a Young English Spark ; She was accused of Witchcraft too and cast into Prison , but she bought out her Liberty . Russel and his Wife obtained Letters from the Pope , permitting them to commence an Action of the Case against their Adversaries , for the Wrong done them , before the Popes Legate . But it was to no purpose , because the Scots urged an Ancient Privilege , exempting them from going out of the Kingdom , when they were to plead their Causes . When the King was of Age , upon the humble Petition of the Cumins's , he Pardoned , them as if all their offences had been expiated by the Death of Walter . He was induced so to do , ( as some say ) by reason of the Greatness of their Family ; and also , because he feared Foreign Wars , when Matters were so unsetled at home : But that War began not so soon , as Men thought it would . In the Year of Christ 1263. in the Calends of * August , Acho , King of Norwey , with a Fleet of 160 Sail , came to Air , a Maritime Town of Coil , where he Landed 20000 Men. The Cause of the War , as he pretended , was , that some Islands , which were promised to his Ancestors by Mackbeth , were not yet put into his Hands , viz. Bote , Aran , and both the Cumbras's , which were never reckoned amongst the Aebudae . But it was enough for him , who sought a pretence for a War , that they were called Islands . Acho took two of the greatest of them , and reduced their Castles , before he could meet with any Opposition ; being lifted up by this success , he makes a descent into Cuningham , the next Continent , over against Bote , in that part of it which they call the * Largs . There he met with Two Misfortunes , almost at one and the same : First , he was overcome in Fight by Alexander Stuart , the Great Grandfather of him , who , first of that Name , was King of Scotland ; and being almost taken by the Multitude of his Enemies , he hardly escaped in great Fear , to his Ships . The other was , That his Ships , being tossed in a mighty Tempest , hardly carried him , with a few of his followers , who escaped , into the Orcades . There were slain in that Battel , Sixteen Thousand of the Norwegians , and Five Thousand of the Scots ; some Writers say , that King Alexander himself was in this Fight : Yet , they also make Honourable mention of the Name of this Alexander Stuart . Acho , died of Grief , for the Loss of his Army , and of his Kinsman too , a Valiant Youth , whose Name is not mentioned by Writers . His Son Magnus , who was lately come to him , perceiving Things in a desperater Posture , than he ever thought they would be brought to ; especially , having no hopes of Recruit from home , before the Spring ; and also , finding the Minds of the Islanders alienated from him , and that he was forsaken of the Scots too , in Confidence of whose Aid , his Father had undertaken that War ; these things considered , he easily inclined to Terms of Peace : The Spirit of the young Man was quailed , both by the unlucky Fight ; and also , by his Fear of the Islanders . For Alexander had then recovered , by sending about some Ships , the Isle of Man , situate almost in the midst between Scotland and Ireland , upon these Conditions , That the King thereof should send in Ten Gallies to the Scots , as oft as there was occasion ; and that the Scots should defend him from a Foreign Enemy . When Magnus saw , That the rest of the Islands inclined to follow the Example of the Manks-Men ; he sent Ambassadors to treat of Peace , which Alexander refused to make , unless the Aebudae were restored ; at last , by the diligence of the Commissioners , it was agreed , that the Scots should have the Aebudae ; * for which , at present , they were to pay 1000 Marks of Silver , and 100 Marks an Year . And moreover , That Margarite , Alexanders Daughter , being then but Four years old , should Marry Hangonan , the Son of Magnus , assoon as she was fit for Marriage . About this time , the King of England , being infested with Civil War , had Five Thousand Scots sent him for his Assistance , under the Command of R●bert Bruce , and Alexander Cumins , whom the English Writers call Iohn , * the greatest part of them were slain in Fight ; and Cumins , with the Engl●sh King himself , and his Son , and a great part of the English Nobility , of the Kings Party , were taken Prisoners . Moreover , the Scots King was much troubled at the Arrogance of the Priests and Monks in his Kingdom ; who , being enriched by former Kings , began to grow wanton in a continued Peace : Yea , they endeavoured to be equal , if not superior , to the Nobility , whom they excelled in Wealth . The young Nobility , repining at it , and taking it in great disdain , used them coursly ; whereupon ▪ complaints were made , by them , to the King ; who , imagining , either that their Wrongs were not so great , as they represented them ; or else , that they suffered them deservedly , neglected their pretended Grievances ; whereupon they Excommunicated All , but the King , * and in great Wrath , determined to go to Rome . But the King , remembring , what great Commotions , Thomas Becket , the prime promoter of Ecclesiastical Ambition , had lately made in England , called them back from their Journy , and caused the Nobility to satisfie , not only their Avarice , but even their Arrogance , too : And indeed , they were the more inclinable to an Accord with the King , because he had lately undertaken the Patronage of the Ecclesiastical Orders , against the Avarice of the Romanists : For a little before , Ottobon , the Popes Legate , was come into England , to appease the Civil Discords , but not being able to effect the thing he came for , he omitted the publick Care , and studied his own private Gain and Lucre ; he Indicted an Ecclesiastical Assembly of the English , * Procters from Scotland being also called thereunto ; in the mean time , he endeavoured to exact Four Marks of Silver , from every Parish in Scotland , and Six from all Cathedrals , for the Expence of Procurations . This Contribution , or Tax , was scarce refused , when News was brought , That another Legate was arrived in England , intending also for Scotland , on pretence to gather up Money , for the Holy War ; and besides that procurable by Indulgences , and other Lime-Twigs , to catch Money , he endeavoured to wrest from all Bishops , Abbats , and Parish Priests ( as judging them to be immediately under Papal Jurisdiction ) the Tenth part of their yearly Revenues ; that so , Edward and Edmond , Sons to the King of England , might go more Nobly and Numerously attended to the War in Syria . The Scots judged this Tax to be very grievous and unjust , especially , because the English seemed to be so forward to have it granted , as if Scotland were not sui Iuris , or , an absolute Kingdom , but Dependent on England . Moreover , they were afraid , lest the Legat should riotously mispend the Money , designed for the War , as was done some Years before ; whereupon , they forbad him to enter their Borders , but sent him Word , That they themselves , without his Presence , would gather Money for , and send Souldiers to ▪ the Syrian War ; and indeed , they sent Souldiers , under the Command of the Earls of Carick and Athol , Two of the Chief Nobility , to L●wis King of Fran●e ▪ and to the Pope , lest he might think himself altogether disesteemed , they sent 1000 Marks of Silver . The Year after , Henry , King of England , died , and his Son Edward the First succeeded him ; at whose Coronation , Alexander and his Wife were present ; she returning , died soon after ; yea , David the Kings Son , and also Alexander , being newly Married to the Daughter of the Earl of Flanders , followed her a little time after , by their continued Funerals ; Margarite also , the Kings Daughter departed this Life ; who left a Daughter behind her , begot by Hangonanus , King of Norwey . Alexander being thus , in a few years , deprived both of his Wife and Children too , * took to Wife Ioleta , the Daughter of the Earl of * Dreux ; and within a Year , he fell from his Horse , and broke his Neck , not far from Kinghorn in the Year of our Lord 1285. and the Fourteenth of the * Calends of April , he lived Forty Five years , and Reigned Thirty Seven . He was more missed , than any King of Scotland had been before him , not so much for the eminent Virtues of his Mind , and the Accomplishments of his Body ; as , that People foresaw , what great Calamities would befal the Kingdom , upon his Decease . Those wholsome Laws , which he made are antiquated by the Negligence of Men , and the Length of Time , and their Utility is rather celebrated by Report , than experienced by Trial. He divided the Kingdom into Four Parts , and , almost every year , he Travelled them all over , staying well near Three Months in each of them , to do Justice ; and to hear the complaints of the Poor , who had free Access to him , all that time . Assoon as he went to an Assize or Sessions , he Commanded the Prefect , or Sheriff , of that Precinct , to meet him with a select number of Men , and also to accompany him at his departure to the end of his Bailywick , till the next Precinct , where he was Guarded by another like Company . By this means , he became acquainted with all the Nobility , and was as well known to them ; and the People , as he went , were not burthen'd with a Troop of Courtiers , who are commonly Imperious , and given to Avarice , where they come . He commanded the Magistrates to punish all Idle Persons , who followed no Trade , nor had any Estates to maintain them ; for his Opinion was , That Idleness was the Source and Fountain of all Wickedness . He reduced the Horse-Train of the Nobles , when they travelled , to a certain number ; because , he thought , that the Multitude of Horses , which were unfit for War , would spend too much Provision . And whereas , by reason of Unskilfulness in Navigation ; or else , by Mens Avarice , in committing themselves rashly to Sea , many Shipwracks had happened ; and , the Violence of Pyrates making an Accession thereto , the Company of Merchants were almost undone , he commanded they should Traffick no more by Sea. That Order lasted about an Year ; but being accounted by many , of a publick Prejudice , at length , so great a Quantity of Foreign Commodities were imported , that , in Scotland , they were never in the Memory of Man , more , or less cheap : In this Case , that he might study the good of the Merchants-Company , he forbad , that any but Merchants should buy what was imported , by whole Sale ; but what every Man wanted , he was to buy it at second Hand , or by Retail , from them . The Eighth BOOK . ALEXANDER , and his whole Lineage ( besides one 〈◊〉 by his Daughter ) being extinct , a Convention of the Estates was held at Scone , to Treat about Creating a new King , and setling the State of the Kingdom ; whither , when most of the Nobility were come , in the first place they appointed Vicegerents , to govern Matters at present ; so dividing the Provinces , That Duncan Mackduff , should preside over Fife , of which he was Earl ; Iohn Cumins , Earl of Buchan , over Buchan ; William Frazer , Archbishop of St. Andrews , over that Part of the Kingdom , which lay Northward . And that Robert Bishop of Glascow , Another Iohn Cumins , and Iohn Stuart , should Govern the Southern Countries ; and that the Boundary in the midst , should be the River Forth . Edward King of England , knowing , that his Sisters 〈◊〉 Daughter of the King of Norway , was the only surviving Person of all the Posterity of Alexander ; and that She was the Lawful Heiress of the Kingdom of Scotland , sent Ambassadors into Scotland , to desire Her , as a Wife for his Son. The Embassadors , in the Session , discoursed much of the publick Utility , like to accrue to both Kingdoms , by this Marriage ; neither did they find the Scots averse therefrom . For Edward was a Man of great Courage , and Power , yet he desired to increase it ; and his Valour highly appeared in the Holy War , in his Fathers Life time , and , after his Death , in his subduing of Wales ; neither were there ever more Endearments passed betwixt the Scots and the English , than under the last Kings ; Yea , the Ancient Hatred seemed no way more likely to be abolished , than if both Nations , on Just and Equal Terms , might be united into One. For these Reasons , the Marriage was easily assented to ; other Conditions were also added , by the consent of both Parties ; as , That the Scots should use their own Laws and Magistrates , until Children were begot out of that Marriage , which might Govern the Kingdom ; or , if no such were begot , or being born , if they dyed , before they came to the Crown ; then the Kingdom of Scotland was to pass to the next Kinsman of the Blood-Royal . Matters being thus setled , Embassadors were sent into Norway . Michael , or as others call him , David ▪ Weems , and Michael Scot , Two eminent Knights of Fife , and much Famed for their Prudence in those days . But Margarite , ( for that was the Name of the young Princess ) dyed before they came thither , so that they returned home in a sorrowful posture , without their errand . By reason of the untimely death of this young Lady , a Controversie arose concerning the Kingdom , which mightily shook England , but almost quite ruined Scotland . The Competitors were Men of great Power , Iohn Baliol , and Robert Bruce , of which Baliol had Lands in France ; Bruce in England , but Both of them , great Possessions and Allies in Scotland . But before I enter upon their Disputes , that all things may be more clear to the Reader , I must fetch them down a little higher . The Three last Kings of Scotland , William , and the Two Alexanders , The Second and the Third , and their whole Off-spring being extinct , there remained none who could lawfully claim the Kingdom , but the Posterity of David , Earl of Huntington . This David was Brother to King William , and Great Uncle to Alexander the Third . He Married Maud in England , Daughter to the Earl of Chester , by whom he had Three Daughters . The Eldest , Named Margarite , Married Alan of Galway , a Man very powerful amongst the Scots . The Second was matched to Robert Bruce , Sirnamed the Noble , of High English Descent , and of a large Estate ; The Third was Married to Henry Hastings , an Englishman also , whose Posterity do deservedly enjoy the Earldom of Huntington , at this day . But to let him pass , ( because he never put in for the Kingdom ) I shall confine my Discourse to the Stock , Cause , and Ancestry of Baliol and Bruce , only . Whilst William was King of Scotland * Fergus , Prince of Galway , left Two Sons , Gilbert and Ethred ; William , to prevent the Seeds of Discord betwixt the Two Brothers , divided their Fathers Inheritance equally betwixt them ; Gilbert , the Eldest , took this highly amiss , and thereupon , conceived an Hatred against his Brother , as his Rival , and against the King too , for his unequal Distribution . Thereupon , when the King was Prisoner in England , being then freed from fear of the Law , he discovered his long-concealed Hatred against them both : As for his Brother , he took him unawares , pulled out his Eyes , cut out his Tongue , and so , ( not content with a single Death ) he put him to grievous and excessive Tortures , before he dyed ; and he himself joyned with the English , and preyed upon his Neighbors and Country-men , as if they had been in an Enemies Country , for he wasted all with Fire and Sword. And , except Rolland , the Son of Ethred , had gathered a Band of Countrymen , who remained firm to the King , together , to resist his Attempts , he had either wasted the neighbour Countries ; or drawn them all over to his Party . This Rolland was a forward young Man , of great Abilities both of Body and Mind , he not only abated the Fury of his Uncle , but many times fought valiantly , and sometimes successfully , with the English , as he met them , whilst he repressed their Plunderings ; or , as he himself spoiled their Lands . At last , when the King was restored , Gilbert , by the Mediation of his Friends , got a Pardon , upon promise of a sum of Money for the Wrongs he had done , and giving Pledges to that purpose ; But Gilbert dying a few days after , those who were accustomed to Blood and Prey under him , and who had given up themselves into the Protection of the King of England , either out of the Inconstancy of their Dispositions ; or , for fear of Punishment , being stirr'd on by Gripes from an accusing Conscience for what they had formerly done , took up Arms again , under the Command of Gilpatrick , Henry Kennedy , and Samuel ; who , before , had been the Assistors and Companions to Gilbert , in his Wickedness ▪ Rolland was sent with an Army against them , and after a great Fight he slew their chief Leaders , and a great Part of the common Soldiers . They , who escaped , fled to one Gilcolumb , a Captain of the Freebooters and Robbers , who had made a great spoil in Lothian , and much endamaged the Nobles and Richer sort , of whom also he killed some . Thence , marching into Galway , he undertook Gilbert's Cause , when all others looked upon it , as desperate . He not only claimed his Lands , as his Own , but carried himself as the Lord of all Galway . At last , Rolland fought with him in the Calends of October , about Three Months after Gilbert's Forces were defeated , and slew him , with the greatest part of his Army , with very little loss of his own side ; amongst the slain , there was found his own Brother , a stout young Man. The English , being troubled at the overthrow of these Men , who had put themselves under their Protection , the Year before , march'd with an Army to Carlisle ; thither also came Rolland ▪ being Reconciled to the King of England , by the Mediation of William , where he refuted the Calumnies of his Enemies , and shewed , That he had done nothing Maliciously or Causelesly , against his own and the Publicks Enemy , upon which he was honourably dismissed by the King. William also returned home , and , calling to Mind the Constancy of his Father Ethred , and how many Noble Exploits he had performed for the Good of the Publick , he gave him all Galway : And besides , he bestowed Carrick on the Son of Gilbert , though his Father had not deserved so well of him . William of Newberry , the English Writer , Records these things , as done Anno 1183. Rolland took to Wife , the Sister of William Morvill , who was * Lord High Constable in Scotland , who dying without Issue , Rolland enjoyed that Office , as Hereditary to him and his Family . He had a Son called Alan ; who , for his Assistance , afforded to Iohn , King of England , in his Irish War , was rewarded by him with large Possessions ; on which accompt , by the permission of William of Scotland , he was a Feudatary to the English King , and swore Fealty to him : This Alan took to Wife Margarite , the Eldest Daughter of David , Earl of Huntington . By her , he had Three Daughters , the Eldest , Dornadilla , he Married to Iohn Baliol , who was King of Scotland ( for some years . ) But Robert Bruce , Married Isabella , Davids Second Daughter , he came to be Earl of Carrick , upon this Occasion : Martha , Countess of Carrick , being Marriageable , and the only Heiress of her Father , who died in the Holy War , as she was a Hunting , cast her Eye on Robert Bruce , the Beautifullest Young Man of all her Train ; whereupon , she Courteously invited him , and in a manner , compelled him into her Castle , which was near at Hand . Being come thither , his Age , Beauty , Kindred , and Manners , easily procuring mutual Love , they were quickly Married , in a private way . When the King was informed thereof , he was much offended with them Both , because the Right of bestowing the Lady in Marriage , lay in him ; yet , by the Mediation of Friends , he was afterwards Reconciled to them . Out of this Marriage , Robert Bruce was Born ; who afterwards , was King of Scotland . Thus having enlarged my self in this Prologue , I come now to the Matter in Hand , and to the Competitors of the Kingdom : They were , Dornadilla , the Grand-child of David of Huntingdon , by his Eldest Daughter ; and Robert Bruce , Earl of Carrick , Grand-son of the said David , by his youngest Daughter . Dornadilla's Pretensions were grounded on the Custom of the Country ; whereby , he , or she , that was nearer in Degree , had a better Right : Robert Bruce insisted on the Sex ; that , in a like degree of Propinquity , Males ought to be preferred before Females ; so that he denied it to be just , that as long as a Grand-son was alive , a Grand-daughter should inherit her Ancestors Estate . And though sometimes the contrary may be practised in the Inheritances of private Men ; yet , the matter is far otherwise in those Estates , which are called Feuds , and in the Succession of Kingdoms . And of this , there was urged a late Example in the Controversie , concerning the Dutchess of Burgundy ; which , the Earl of Nevers , who Married the Grand-child of the last Duke , by his Eldest Son , Claimed ; yet , the Inheritance was adjudged to the Son of the Duke's younger Brother ; so that Robert contended , That he was nearer in Degree , as being a Grand-son , than Iohn Baliol , who was but a Great Grand-son : As for Dornadilla , with whom he stood in equal Degree ; yet , he was to be preferred before her , as a Male before a Female . The Scots Nobles could not decide this Controversie at home ; for , by reason of the Power of both Parties , the Land was divided into Two Factions . For Baliol , by his Mother , held all Galway , a very large Country ; and besides , he was allied to the Cumin's Family , which was the most Powerful , next the Kings ; for Mary , the Sister of Dornadilla , had Married Iohn Cumins . Robert , on the other side , in England , possessed Cleveland ; in Scotland , Annandale , and Garioch ; and by his Son , Earl of Carrick , ( who was afterwards King ) was related to many Noble Families , and he was also very Gracious with his own People ; so that for these Reasons , the Controversie was not able to be decided at home ; yea , if it should have been equitably determined , yet , there was not a sufficient Party in Scotland to compel both sides to stand to the Award ; and therefore Edward of England , was , almost , unanimously chosen to be the Decider thereof . Neither was there any doubt made of his Fidelity , as being Born of such a Father , as the late King of Scotland had Experienced to be , both a Loving Father in Law , to him , and a just Guardian , too ; and on the contrary the English King had received a late and memorable Testimony of the Scots Good-Will towards him , in that they so readily consented to the Marriage of his Son with their Queen . Whereupon , Edward , as soon as he came to Berwick , sent Letters to the Peers and Governors of Scotland , to come to him , protesting , That he Summoned them to appear before him , not as Subjects before their Lord or Supreme Magistrate , but as Friends before an Arbitrator , chosen by themselves . First of all , he required an Oath of the Competitors , to stand to his Award ; in the next place , he required the same Oath of the Nobles and Commissioners to obey Him , as King , whom he , upon his Oath , should declare so to be ; and for this , he desired a publick Scrol , or Record , signed by all the States , and each ones Seal affixed thereto , to be given to him . This being done , he chose , of the most prudent of all the Estates , 12 English , and adjoyned 12 Scots to them , from them also he exacted an Oath , to Judge Rightly and Truly , according to their Consciences , in the Case . These things were managed openly and above board , which , in appearance , were honest and taking with the People , but his private Design was secretly agitated amongst a few , only ; how he might bring Scotland under his Subjection ; The Thing was thought feasable enough , in regard the Kingdom was divided into Two Factions , but to make the Way more Intricate , and the Fraud more Covert , he raised up Three other Competitors , besides Bruce and Baliol , that , out of so great a Number , he might more easily bring over One , or More , to his Party . And , lest so great a Matter might seem to be determined unadvisedly , he consulted with Those , who were most eminent in France , for Piety , Prudence , and the Knowledge of the Law. Neither did he doubt , but that ( as that sort of Men are never always of One Opinion ) he should fish something out of their Answers , which might make for his purpose ; The New Competitors , seeing no Grounds for their Pretensions , of their own accord quickly desisted ; but to the Lawyers , whom he Governed and Influenced , as he pleased , a false , or made , Case was Stated and Propounded , Thus , A certain King , that was never wont to be Crowned , nor Anointed , * but only to be placed in a kind of Seat , and declared King by his Subjects , yet not a King so free , but that he was under the Patronage of another King , whose Homage or Beneficiary he professed himself to be ; Such a King died without Children : Two of his Kinsmen begat by Sempronius , Great Vncle of the deceased King , claim the Inheritance , to wit , Titius , Great Grand-son by the Eldest Daughter of Sempronius , and Seius , Grand-son by his Younger Daughter ; now Which of These is to be preferred , in ●n undividable Estate ? The Case being propounded well near , in those very Words , They all Generally answered , That , if any Law or Custom did obtain in the Kingdom , which was sued for , they were to be Guided by , and stand to it ; if not , then they must be Guided by him , under whose Patronage they were , because , in Judging of Freehold , Custom doth not ascend , i. e. The usage and award of the Superior , is to be a Law to the Inferiour , but not on the contrary . It would be too prolix a Task , to reckon up particularly all the Opinions , but , in brief , almost all of them answered very doubtfully and uncertainly , as to the Right of the Competitors ; but , as the Case was falsely put , they all gave the Supreme Power of Judgment in the Controversie , to Edward . Hereby , the Matter was made more intricate and involved , than before ; so that , the next Year , they met again at Norham . There , Edward , by Agents , fit for his purpose , gently tried the Minds of the Scots , Whether they would willingly put Themselves under the Power and Jurisdiction of the English , which ( as was alleged ) their Ancestors had often done : But , when they all unanimously refused so to do , he called to him the Competitors , whom he himself had set up ; and , by great Promises , extorted from them , to Swear Homage to him ; and he persuades the rest , to remove the Assembly to Berwick , as a more convenient Place . There he shut up the 24 Judges , Elected as before , in a Church , without any Body else amongst them , commanding them to give their Judgments in the Case , and till they did so , no Man was to have Access to them . But they , being slow in their Proceedings , he , ever and anon , went in alone to them , and by discoursing sometimes One , and sometimes Another , finding that most were of Opinion , That the Right lay on Baliol's side , tho' he were inferiour in Favour and Popularity ; he went to Bruce , who , because he was Legally cast by their Votes , he thought , he might more easily persuade to assent to his Design , and promised him the Crown of Scotland , if he would put himself under the Patronage of the King of England , and be Subject to his Authority . Bruce answered him ingeniously , That he was not so eager of a Crown , as to accept of it , by abridging the Liberty , his Ancestors had left him ; Hereupon he was dismissed , and he sends for Iohn Baliol , who , being more desirous of a Kingdom , than of honest Methods to come by it , greedily accepted the Condition , offered him by Edward . John Baliol , The Ninety Sixth King. WHereupon , Iohn Baliol was declared King of Scotland , 6 Years and 9 Months after the Death of Alexander . The rest of the Scots , being studious of the publick Tranquillity , led him to Scone , and there Crowned him , according to Custom , and all Swore Fealty to him , except Bruce ; He , being thus made King by the English , * and accepted by the Scots , being now secure of the Kingdom , came to Edward , who was at New-Castle upon Tine , and , according to his Promise , * Swore Fealty to him , so did the Nobles also , who were of his Train , as not daring to contradict Two Kings ; especially , they being so far from home : As soon as the rest of the Nobility heard of it , they were grievously offended , but , being conscious of their want of Power , they dissembled their Anger , for the present . But soon after , an Occasion was offered them to shew it , Mackduff , Earl of Fife , ( who , in the Time of the * Interregnum , was One of the six Governors of the Land ) was slain by the Abernethians , which was then a rich and potent Family , in Scotland ; and the Earls Brother , being accused , by them , and brought to his Answer before the Assembly of the States , the King gave Sentence in Favour of the Abernethians . So that Mackduff was dispossessed of the Land , which was in Controversie betwixt them ; whereupon he conceived a double Displeasure against the King , One , on the Account of his own Wrong ; and Another , because he had not severely punished the Murderers of his Brother . So that he appealed to the King of England ; and desired , that Baliol might answer the Matter before Him. Hereupon , the Cause was removed to London ; and as Baliol was casually sitting by Edward , in the Parliament House , and , when he was called , would have answered by a Proctor , it was denied him , so that he was enforced to arise from his Seat , and to plead his Cause from a lower Place . He bore the Affront silently for the present , not daring to do otherwise ; but as soon as ever he was dispatched from thence , such Flames of Anger burnt in his Breast , that his Thoughts were wholly taken up , how to reconcile his own Subjects , and how to offend Edward . As he was thus musing ; it happened commodiously for him , That a new Discord arose betwixt the French and English , which , presently after , broke out into a War. Whereupon , Embassadors were sent to the Assembly of Estates in Scotland , from Both Kings , The French's Errand , was , to renew the Old League with their New King. And the English , was , upon the Account of their late Oath to Edward , to receive Aid from them in the War he had undertaken ; Both Embassys were referred to the Council of the Estates , where the Nobles , prone to Rebellion , were of Opinion , That the Request of the French , was Just ; of the English , Unjust ; For the League made , by universal Consent , with the French , more than 500 Years before , had been kept Sacred and Inviolable to that very Day , in regard of the Justness and Utility thereof , but this late Subjection and surrendring themselves to the English , was extorted from the King , against his Will ; and thô ( as they proceeded to allege ) he had been willing , yet , it did oblige neither King nor Kingdom ; it being made by the King alone , without the Consent of the Estates , whereas the King might not act any Thing , relating to the Publick state of the Kingdom , without , much less , against , the Advice of the States . So a Decree was made , that Embassadors should be sent into France to renew the Ancient League ; and that a Wife should be desired for Edward Baliol , Son to Iohn , out of the Kings Royal stem . Another Embassy was also sent into England , to signify , that the King of Scots did revoke the Reddition of the Kingdom and Himself , which he had forceably and unjustly made ; and renouncing his Friendship , both for that Cause , and also for the many and innumerable other Wrongs , which he had done to Him and His , he was resolved to assert his Ancient Liberty . No man of any Eminencie would carry this Message to Edward , because he was of a fierce Nature , and was rendred more so , by reason of the Indulgence of Fortune , which made him even almost to forget himself ; At last , a certain Monk , or , as some say , the Abbat of Aberbrothoc carried Letters , of that Import , to him , who was grievously affronted for his Pains , and had much ado to escape home , being protected more by his , undervalued , Tenuity , than the Reverence of his Embassadorship . In the mean time , Edward , had made a Truce with the French for some Months , hoping , That , before they were ended , he might subdue the Scots , taking them unprovided ; and therefore , he sent his Fleet , designed for France , against Scotland , commanding them to stop all Provisions from being carried into Berwick , wherein , he heard , there was a very strong Garison . The Scots fought with this Fleet in the Mouth of the River , they destroyed and took 18 of their Ships , and put the rest to flight . Edward , out of Fierceness of Mind , by this Loss , was highly enraged to Revenge . He Summons Baliol , once and again , to appear ; And he himself Levies a great Army , and comes to New-Castle upon Tine . There also he gave forth an Edict for Iohn to appear , Legally to purge himself from the Crimes objected against him . But neither He nor any for him , appearing ar the day appointed , he added Policy to Force , and sent for Bruce , and promises him the Kingdom , if , he would do his endeavour faithfully to Depose and drive out Baliol. To do which , ( said he ) you need be at little Labour or Cost , only write Letters to your Friends , that , either they would desert the Kings Party ; or , not be hearty or forward , if it came to a Battel . He , by great Marches , came to Berwick , but not being able to carry it , by reason of the strength of the Garison , he pretended to raise his Siege , and caused a Rumour to be spread abroad by some Scots , of Bruce his Party , that he despaired of Taking it ; and that Baliol was coming , with a great Army , to raise the Siege , and was now near at hand , whereupon , all the Chief Men of the Garison made haste out to receive him Honourably , in promiscuous Multitudes , Horse and Foot together ; so that Edward sent in some Horse amongst them , some they trod down and killed , others they divided from their Company , and , seizing on the nearest Gate , they entred the Town . Edward followed with his Foot , and made a miserable Slaughter of all sorts of People . Above 7000 of the Scots are reported to have been there slain , amongst Them were the Flower of the Lothian and Fife Nobility . Though I love not to interrupt the continued Series of my History ( as having resolved against it , at first ) with any unnecessary Digression , yet I cannot forbear to expose that unbridled Liberty of Evil speaking , which Richard Grafton , who lately compiled the History of England , assumes to himself ; that so , they who read what I here write , may judge , what Credit is to be given to him . For , ( he says ) that Hector Boetius writes in his 14th Book , and ad Chapter , That so much Blood was split there , that Rivers of it running through the City , might have driven a Water-Mill for two days : To which , I say , First , That Boetius never divided his Book into Chapters ; and besides , what he affirms is no where found in his Writings ; but to leave this unlearned and shameless Relator , I return to Edward ; who , by reason of the abounding Multitude of his Army , sent Part of it to besiege Dunbar ; and a few days after , the Castle of Berwick , despairing of any Relief , was surrendred to him . Afterwards , he joined all his Forces together at Dunbar , to fight the Scots Army , who came to relieve it ; The Battel was fierce ; and the Victory inclining to the English , the chief of the Nobility fled into the Castle , but the Castle was soon taken , either by the Perfidiousness of Richard Stuart , the Governor , or else , because he had not Provisions for so great a Multitude , as were shut up in so narrow a Compass : Edward was very cruel to all the Prisoners : Some cast the Blame of this Overthrow upon Robert Bruce the Elder , in that his Friends giving back in the Battel , it strook a Terrour into the rest . But our Writers do constantly affirm , That when Bruce demanded of Edward the Kingdom of Scotland , according to his Promise , ( as a Reward of his Pains that day , ) That Edward should answer in French , of which Language he was Master , What , have I nothing else to do , but to win Kingdoms , for you ? When Dunbar , and some other Castles , near the Borders of England , were taken , the surrender of * Edinburgh and Sterlin followed soon after . Then Edward passing over the Forth , directed his March where Baliol then was . When he was come as far as Montross , without any to oppose him , Baliol , by the Persuasion of Iohn Cumins of Strabogy , came to him and surrendred to him , Himself and the Kingdom . Baliol was sent into England , by Sea , and Edward , returning to Berwick , sent a strict and severe Summons to all the Scots Nobles , to attend him there ; after they came , he compelled them to Swear Fealty to him . But William Douglas , an eminent Man , both on the account of his Family , and also his own famous Exploits , obstinately refusing to do it , was cast into Prison , where , in a few years , he died . Thus Edward , having succeeded in his Expedition according to his Mind , left Iohn Warren , Earl of Surry , as Proxy behind him ; and Hugh Cressingham , Lord Chief Justice , or Treasurer , and so returned to London . There he committed Iohn Baliol to Prison , in the 4th year of his Reign ; but , a while after , at the Entreaty of the Pope , and his Promise , that he would raise no Tumults in Scotland , he was sent back into France , his Son Edward being retained as an Hostage . Edward , having prepared all things for the French War , ( which , by reason of the Commotions in Scotland , he had deferred ) now Sails thither , with great Forces ; The Scots , by reason of his Absence , being erected to some hopes of their Liberty , chose 12 Men to Govern the State. By whose unanimous Consent , Iohn Cumins , Earl of Buchan , was sent into England , with a good Force ; and in regard the English , who were scattered in Garisons over Scotland , dared not to stir , he spoiled Northumberland without controul , and laid Siege to Carlisle ; but to no purpose : Though this Expedition did somewhat encourage the , before , crest-fallen Scots , and hindred the English from doing them further Mischief , yet it contributed little or nothing to the Main Chance , in regard , that all the Places of Strength were possessed by the Enemies Garisons ; But when the Nobility had neither Strength nor Courage to undertake great Matters , there presently started up one William Wallace , a Man of an Ancient and Noble Family , but one that had lived poorly and meanly , as having little or no Estate ; yet , this Man performed in this War , not only beyond the Expectation , but even the Belief , of all the Common People ; For he was bold-spirited , and strong-bodied , and , when he was but a Youth , had slain a young English Nobleman , who proudly domineered over him . For this Fact , he was fain to run away , and to skulk up and down in several places , for some years , to save his Life , and , by this Course of Life his Body was hardned against Wind and Weather , and his Mind also fortified to undergo greater hazards , when time should serve . At length , growing weary of such an Erratick Life , he resolved to attempt something , though never so hazardous ; and therefore gathered a Band of Men together , of like Fortune with himself , and did not only assault single Persons , but even greater Companies , though with an inferior Number , and accordingly he slew several Persons , in divers Places . He played his Pranks with as much Celerity as Boldness , and never gave his Enemy opportunity to fight him , so that in a short time , his Fame was spread over Both Nations , by which means many came in to him , moved by the likeness of their Cause , or , with the like Love of their Country ; thus he made up a considerable Army . And seeing the Nobles were sluggish in their Management of Affairs , either out of Fear or Dulness , this Wallace was proclaimed Regent , by the Tumultuous Band that followed him , and so he managed Things as a Lawful Magistrate , and the Substitute of Baliol. He accepted of this Name , not out of any Ambition , or Desire to Rule , but because it was cast upon him by the Love and Good Will of his Countrymen . With this Army , the first visible Exploit he performed was at Lanerick , where he slew the Major General of that Precinct , being an Englishman , of good Descent . Afterwards he took and demolished many Castles , which were either slenderly Fortified , or meanly Garisoned ; or else , guarded negligently ; which petty Attempts so encouraged his Soldiers , that they shunned no Service , no not the most hazardous , under his Conduct , as having experienced , That his Boldness was guided by Counsel ; and That Counsel seconded by good Success . When the Report of these Things was spread abroad , and perhaps , somewhat enlarged , beyond the Bounds of Truth , out of Mens Respect and Favour to him ; All that wished well to their Country , or were afraid of their own particular Conditions , flocked in to him , as judging it fit , to take Opportunity by the Forelock ; so that , in a short time , he reduced all the Castles , which the English held on the other side of the Forth , though never so well fortified , and , for fear of him , carefully Guarded . He took and demolished the Castles of Dundee , Forfar , Brechin , and Montross ; he seized on Dunoter , unawares , and Garisoned it ; he entred Aberdene , ( which the Enemy , for fear of his coming , had plundered and burnt ) even whilst it was in Flames ; but , a Rumour , being scattered abroad , concerning the coming of the English Army , prevented his Taking the Castle ; for , he determined to meet them at the Forth , not being willing to hazard a Battel , but in a Place , he himself should choose . Edward of England , when he went into France , ( as I said before ) put English Garisons into all the Strong Holds of Scotland , and besides , having many of the Scots faithful to him , and unfaithful to their Country , he banished and sent the Scots Nobility , whom he most suspected , into the heart of England , till his return . Amongst which was Iohn Cumins , * Lord , or Petty King , of Badenach ; and Alan Longan , a Man fit both for Advice and Action ; and having setled Matters , after this sort , he was so far from fearing any Insurrection in Scotland , that he carried all his Army over along with him . But , hearing of the many Exploits of Wallace , he thought there was need of a greater Force to suppress him ; yet , that the Expedition was not worthy of a King , neither , ( as being only against a Roving Thief , for so the English called Wallace ) and therefore he writes to Henry Percy , Earl of Northumberland , and William Latimer , That they should speedily Levy what Forces they could out of the Neighbouring Parts , and join themselves with Cressingham , who as yet remained in Scotland , to subdue the Rebellious Scots . Thomas Walsingham writes , that the Earl of Warren was General in this Expedition . But Wallace , who was then besieging the Castle of Cowper in Fife , left his Army , which he had increased against the coming of the English , should be idle , the English being near at hand , marched directly to Sterlin . The River Forth , no where , almost , fordable , may be there passed over by a Bridge of Wood , though it be increased by the Addition of other Rivers , and by the coming in of the Tide , too . There Cressingham passed over with the greatest part of his Army , but the Bridge , either having its Beams loosned and disjointed , on purpose , by the Skill of the Architect , ( as our Writers say , it was ) that so it might not be able to bear any great Weight ; or else , being overladen with the heavy burden of so many Horse , Foot , and Carriages , as passed over , was broken , and so the March of the rest of the English was precluded , and hindred ; The Scots set upon Those , who were passed over , before they could put themselves into a Posture ; and , having slain their General , drove the rest back into the River , the Slaughter was so great , that they were all either killed or drowned ; Wallace returned , from this Fight , to the besieging of Castles ; and , in a short time , he so changed the Scene of Affairs , that he left none of the English in Scotland , but such as were made Prisoners . This Victory ( wherein none of any eminency , among the Scots fell , save Andrew Murray , whose Son , some years , was Regent of Scotland ) was obtained in the Ides of September , in the year of Christ 1297. Some say , that Wallis was called off to this Fight , not from the Siege of Cowper , but of Dundee , whither he also returned after the Fight ; so Iohn Major , and some Books found in Monasteries , do relate . By means of these Combustions , the Fields lay untilled , insomuch , that , after that Overthrow , a Famine ensued , and a Pestilence after the Famine ; from whence a greater Fear was apprehended , than from the War : Wallis , to prevent this Mischief as much as he could , called together all those , who were fit for Service , to appear at a certain day , with whom he marched into England , thinking with himself , that their Bodies , being exercised with Labour , would be more healthy ; and , that Wintring in an Enemies Country , Provisions might be spared at home ; and the Soldiers , who were in much want , might reap some Fruit of their Labours in a rich Country , and flourishing by reason of its continued Peace : When he was entred into England , no Man dared to attack him , so that he staid there from the Calends of November , to the Calends of February , and having refreshed and inriched his Soldiers , with the Fruits and Spoils of the Enemy , he returned home , with great Renown . This Expedition , as it increased the Fame and Authority of Wallis amongst the Vulgar sort , so it heightned the envy of Nobles against him , mightily . For his Praise seemed a tacite Exprobration to them , who being Men of great Power and Wealth , either out of Slothfulness durst no● , or out of Perfidiousness would not , attempt , what He , that was a Mean Man , and destitute of all the Advantages of Fortune , had not only valiantly undertook , but also successfully performed . Moreover , the King of England , finding the Business to be greater than could well be managed by his Deputies , made some settlement of things in France , and returned home ; and gathering together a great Army , but hastily levied , ( for he brought not back his Veteran Soldiers , from beyond Sea ) and , for the most part , raw and unexperienced Men , he marches toward Scotland ; supposing he had only to do with a disorderly Band of Robbers . But when he saw both Armies in Battel array , about 500 Paces , one from another in the Plains of Stanmore , he admired the Discipline , Order , and Confidence of his Enemies . So that , thô he himself had much the greater Force , yet he durst not put it to the hazard of a Battel , against such a Veteran and Experienced a Captain , and against Soldiers inured to all hardships , but turned his Ensigns , and marched slowly back : Wallace also durst not follow him , for fear of Ambushes , but kept his Army within their Trenches . Having thus got the Victory , thô Bloodless , over so puissant a King , his Enemies were so much the more enraged against him , and caused Rumours to be scattered up and down , That * Wallis did openly affect a Supream or Tyrannical Power ; at which , the Nobles , especially Bruce and the Cumin's , of the Royal Stock , did mightily disdain ; for they said thus within themselves , That if they must be Slaves , they had rather be so , under a Great and Potent King , than under an Vpstart , whose Domination was like to be not only base , but also dangerous ; And therefore they determined , by all means , to undermine the Authority of Wallis . Edward was not ignorant of these Disgusts , and therefore , the next Summer he Levies a Great Army , consisting partly of English , partly of Scots , who had remained Faithful to him , and came to Falkirk , which is a Village built in the very Tract of the Wall of Severus , and is distant from Sterling , little more than 6 Miles . The Scots Army were not far from them , of sufficient strength , for they were 30000. if the Generals and Leaders had agreed amongst themselves ; Their Generals were Iohn Cumins , Iohn Stuart , and William Wallace , the most flourishing Persons amongst the Scots ; the Two former , for their high Descent and Opulency ; the Later , for the glory of his former Exploits . When the Three Armies were ready to fight , a new Dispute arose , besides their former Envy , Who should lead the Van of the Army ; and when all Three stood upon their Terms , the English decided the Controversie , who , with Banners displaid , marched with a swift pace towards them ; Cumins and his Forces retreated , without striking a stroke ; Stuart , being beset before and behind , was slain , with all that followed him . Wallace was sorely pressed upon in the Front ; and Bruce had fetched a compass about an Hill , and fell on his Reat , yet , he was as little disturbed , as , in such circumstances , he could possibly be , but retreated beyond the River Carront , where , by the Interposal of the River , he had Opportunity to defend himself , and also , to gather up the straggling Run-aways ; and Bruce desiring to speak with him , he assented thereunto . They Two alone stood over against one another , where the River hath the narrowest Chanel , and the highest Banks ; And , First Bruce began , and told Wallace , He wondred what was in his Mind , that , being hurried on by the uncertain Favour of the Vulgar , he should expose himself to such assiduous and imminent Danger , against a King , the most potent of that Time , and who was also assisted by a great Number of the Scots ; and that to no purpose neither , for , if he overcame Edward , the Scots would never Grant him the Kingdom ; and , if himself were overcome , he had no Refuge but in the Mercy of his Enemy . To whom Wallas replyed , I never proposed that Scope to my Designs and Labours , as to obtain the Kingdom , of which my Fortune is not capable , neither doth my Mind aspire thereunto : But when I saw my Countrymen , by your slothfulness ( to whom the Kingdom doth rightly appertain ) destitute of Governors , and exposed not to the Slavery only , but even to the Butchery of a cruel Enemy , I had pity on them ▪ and undertook the Cause , which you deserted ; neither will I forsake the Liberty , Good , and Safety of my Countrymen , till Life forsake me : You , who had rather chuse base Servitude with Security , than honest Liberty with Hazard , follow , and hug , the Fortune , which you so highly esteem ; As for me , I will willingly Dye in my Country , which I have often defended ; and my Love to it shall remain , as long as my Life continues . Thus the Conference was broken off , and each of them retired to their Forces . This Battel was fought the 11 th of the Calends of August , wherein there fell of the Scots 10000 , amongst whom , of the Nobles , were Iohn Stuart , Macduff Earl of Fife : and of Wallis his Army , Iohn Grame , the valiantest Person of the Scots , next to Wallis himself . Of the English , were slain Frere Briangy , highly Fam'd and Notic'd for Military Skill . After this unhappy Fight , Wallis came to Perth , and dismissed his Army , giving Place to that Envy , which , he knew , he could not resist ; and , from that day forward , he never acted as a General ; yet he ceased not , with a few of his Friends , who still stuck to him , thô he renounced the Name of a General , as often as a convenient Opportunity was offered , to press upon the English. Edward also , after he had wasted all the Country beyond the Forth , even unto Perth , receiving into his Obedience all those who durst not , as long as he was present , make any Insurrection , drew back his Army . Those of the Scots , who , after the Enemies departure , did most study the Liberty of their Country , being a little heartned , made Iohn Cumins , Iunior , their Regent . He , according to the Advice of the Council , sent Embassadors to Philip Valois , King of France , to desire him , that , by the Mediation of his Sister , who was then betrothed to Edward , they might obtain , at least , a Truce . By her Endeavours , a Truce was obtained for Seven Months , which yet was not faithfully observed . For the English detained the Embassadors , which were sent to Boniface the 8 th , and committed them to Prison . In the mean time , the Scots , who could neither bear the Tyranny of the English , nor satisfie the cruel Mind of Edward , by their Punishments , nor yet obtain an equal Peace from him ; with obstinate Minds , and in despair of Pardon , resolved to Fight it out to the utmost . First of all , they expel all Edward's Governors , who were English , from all Towns and Castles ; next , they afflict the Scots of their Faction , as much as ever they could . Things remained in this posture almost Two years , and then Edward sent Ralph Confray , with great Forces to subdue the Robbers , ( as he called them ) and to make an end of the War. They met with no Opposition , but Preyed far and near , till they came to Roslin , 〈◊〉 place in Lothian , about 5 Miles distant from Edinburgh , ) and there they divided their Army into Three parts , to make the greater Havock , and so pitched their Tents . Iohn Cumins , with the assistance of Iohn Frazer , the most potent Man in all Tivedale , gathered 8000 Men together , and marched towards the Enemy , thinking to abridge the Limits of their plundering Excursions , or , otherwise , if an happy Opportunity offered itself for Action , not to be wanting to Fortune . And indeed , he met with a fairer Occasion , than he hoped for . For the English , little expecting an Assault , from an Enemy that they had so often Conquered , and brought so low , lived more stragglingly than they ought to have done in an Enemies Country ; so that their first Camp was soon taken , by the suddain coming of the Scots , and a great Slaughter made ; They , who escaped , carried the Noise into the next Camp ; They in a great Fear , cryed out , Arm , Arm , and they all exhorted one another , to succor their fellow-Soldiers ; but perceiving , That the designed Succor was too late , they prepared for Revenge . A fierce Fight was commenced betwixt them , as Men , eager , and desirous of Victory and Revenge ; at last , the English were routed , and put to Flight , and the Victory , thô a bloody one , remained to the Scots ▪ In the mean time , the third Camp , who was farther off , came , and occasioned some terror to the Scots . For , in regard , many of them were wounded , and the greatest Part wearied with the toil of a double Fight , they saw , that there was imminent Danger in Fighting , and assured Destruction in flying away . At length , by the Command of their Leaders , they slew all the Prisoners , lest , while they were busied with their Enemies , they should rise up and set upon them in the Rear ; and arming their Servants with the Spoils of the Slain , they made a Show of a greater Army than indeed they were . Hereupon , the Battel was begun , and fiercely carried on by both Parties . The Fight being a long time doubtful , the Scots by the encouragement of their Leaders , putting them in mind of their double Victory , took fresh Courage , and charged the Enemy with such Violence , that they broke their Ranks , and put them to flight . This Fight was at Roslin , the 6 th of the Calends of March , in the Year 1302. As the Victory was the more Famous , being obtained by but One Army , over Three , in one and the same day , so it mightily incensed the Mind of Edward . To blot out the Ignominy , and to put an end , at length , to a long lasting War , he therefore Levies an Army bigger than ever he had before , and assaulted Scotland both by Sea and Land , and made spoil of it , even unto the uttermost Borders of Ross , no Man daring to oppose so great a Force . Only Wallis and his Men , sometimes in the Front , sometimes in the Rear , sometimes in the Flanks , would snap , either those that rashly went before , or that loitered after ; or , that , in Plundering , straggled too far from their Fellows , neither did he suffer them to Stray , far from their Colours . Edward sought , by great Promises , to bring him over to his Party ; but his constant ●one , was , That he had Devoted his Life to his Country , to which it was due , and if he could do it no other Service , yet he would dye in its Defence . There were some Castles yet remaining , not surrendred to 〈◊〉 English , as Vrchart in Murray , which was taken by Storm , and all the Defendants put to the Sword ; whereupon , the rest surrendred themselves , for fear . After these Exploits , the English King joyned his Son Edward , whom he had left at Perth ; and , by the Accession of his Forces , he besieged Sterling , which , after a Months Siege , he took ; the Garison therein being reduced to the want of all things ; the Conditions were only Life and Liberty . And yet , William Oliver , against the tenor of his Articles of Surrender , was detain'd , and sent Prisoner into England . When all Scotland was reduced , an Assembly of the States was Indicted , by Edward , to be held at St. Andrews , where all , out of Fear , took an Oath of Allegiance to him , except Wallis alone ; and , fearing he should be given up by the Nobility ( who were much disgusted at him , ) to Edward his Mortal Enemy , he retired himself into his old Fastnesses , and Lurking holes . Edward , having appointed Governours and Magistrates over all Scotland , returned into England ; but , at his departure , he shewed an evident Demonstration of his great Hatred against the Scotish Race , for he was not content only with the taking with him all those , whom he feared would raise new Seditions , but he endeavoured , as much as he could , to abolish the very Memory of the Nation . For , he repealed their Old Laws , and set up the Ecclesiastical State and Ceremonies , according to the Manner of England : He caused all Histories , Leagues , and Ancient Monuments , either left by the Romans , or , erected by the Scots , to be destroyed : He carried all the Books , and all that were Teachers of Learning , into England : He sent also to London , an un-polished Marble Stone ; wherein , it was vulgarly Reported and Believed , that the Fate of the Kingdom was contained ; neither did he leave any thing behind him , which , either upon the account of its Memory , might excite Generous Spirits to the Remembrance of their Ancient Fortune , and Condition ; or , indeed , which could excite them to any True Greatness of Mind ; so that , having broken their Spirits , ( as he thought ) as well as their Force , and cast them into a servile Dejection ; he promised himself a perpetual Peace from Scotland . At his Return , he left Ailmer Valentine , as his Regent , or Vice-King , who was to nip all Seditious Attempts , if any did break forth , in the very Bud. Yet , a new War sprang up against him , from whence he little thought . There were some of the Prime Nobility in Scotland with Edward , as Robert Bruce , the Son of him , who contended with Baliol for the Kingdom , and Iohn Cumins , Sirnamed Red , from the colour of his Face , Cousin German to Iohn Baliol the last King of Scotland . Edward called them often to him a-part , and put them severally in a vain hope of the Kingdom , and so he made use of their Assistance in the Conquering of Scotland . But , at the last , they discovered the Mockery and Cheat , so that each of them desired nothing more , than a fit Occasion to Revenge the Perfidiousness of that King. But , in regard , they were Corrivals , their mutual Suspicion kept them back from Communicating their Counsels , one to another . At last , Cumins , perceiving , that Matters , as managed by Edward , were distrastful to Bruce , he spake to him , and , taking his Rise from the Beginning of their Miseries , deplored much the lamentable Condition of their Country , and greatly inveighed against the Fals●ness of Edward ; withal grievously accusing himself and Bruce too , that they had , by their Labour and Assistance , helped to cast their Country-Men into this Abyss of Misery . After this first Discourse , they proceeded further , and , each of them promising Silence , they agreed , That Bruce should enjoy the Kingdom , and Cumins should wave his Right thereto ; but , instead thereof , that he should enjoy all those large and fruitful Possessions , which Bruce had in Scotland ; and , in a Word , that he should be the Second Man in the Kingdom : Those Covenants were Writ down , Sealed and Sworn , betwixt Themselves . Hereupon , Bruce , watching an Opportunity to rise in Arms , left his Wife and Children in Scotland , and went to the Court in England . After his Departure , Cumins , ( as 't is reported ) either repenting himself of his Agreement ; or else , endeavouring fraudulently to remove his Corrival , and so obtain an easier Way to the Kingdom , betrayed their secret Combination to Edward ; and , in verification thereof , he sent him the Covenants , signed by them Both. Hereupon , Bruce was impleaded , as Guilty of High Treason , he was forbid to depart the Court , and a Privy Guard set over him , to inspect his Words and Actions . The Kings delay to punish him , in a Crime so manifest , proceeded from a Desire he had to take his Brethren too , before they had heard any bruit of his Execution . In the mean time , Bruce was informed by the Earl of Mountgomery , his Grandfathers old Friend , of his sudden Danger , who dared not to commit his Advice for his Flight to Writing , being discouraged by Bruce his Example , but he sent him a pair of Guilt Spurs , and some Pieces of Gold , as if he had borrowed them of him , the day before . Robert , upon the Receipt of the Gift , as Dangers make Men sagacious , soon smelt out , what his Meaning was , so that he sent for a Smith in the Night , and commanded him to set on Shoos on Three Horses , the backward way , that so his Flight might not be traced by the Mark of the Horses Feet ; and , the same Night , he and Two other Companions , began their Journy , and , Man and Horse being extreamly tired , in Seven days he came to his Castle , scituate by L●ch Maban : There he joyned David his Brother , and Robert Fleming ; to whom he had scarce declared the Cause of his Flight , before he lighted upon a flying Post , who was conveighing Letters from Cumins , to Edward ; The Contents were , That Robert should speedily be put to Death ; that there was danger in delay , lest a Man so Nobly Descended , and so Popular as He , adding Boldness to his Wisdom too , should raise New Commotions . The Perfidiousness of Cumins being thus ( as well as otherwise , ) plainly detected , Robert was inflamed with Anger , and rode presently to Dumfreiz , where his Adversary , Iohn Cumins , was , in the Franciscans Church , whom he confronted with his own Letters , which he then shewed him ; he very impudently denied them to be His ; but Robert , no longer able to bridle his Wrath , run him into the Belly with his Dagger , and so left him for Dead . As he was Mounting his Horse , Iames Lindsay , and Roger Kirkpatrick , one his Kinsman , the other his old Friend , perceiving by his Countenance , that he was troubled , asked him the Cause ; he told them in breif the whole Business , adding withal , That , he thought , he had killed Cumins . What , says Lindsay , will you leave a Matter of that Consequence upon an , I thought , and assoon as he had spoke the Word , he ran into the Church and dispatched him quite , and also his Kinsman , Robert Cumins , who , endeavoured to save him . This Murder was committed in the Year 1305. on the * Fourth of the Ides of February . About the same time also , Wallis was betrayed in the County of Glascow , ( where he then hid himself ) by his own Familiar Friend Iohn Menteith , whom the English had Corrupted with Money , and so was sent to London ; where , by Edwards Command , he was wofully Butchered , and his Limbs , for the terrour of others , Hanged up in the most noted Places of London and Scotland . Such an End had this Person , the famousest Man of his Time , who deserved to be compared with the most Renowned Captains of Ancient Times , both for his Greatness of Mind in undertaking Dangers , and for his Wisdom and Valour in overcoming Them : For Love to his Country , he was Second to none ; who , when others were Slaves , he alone was Free , neither could be induced by Rewards , or Threats , to forsake the Publick Cause , which he had once undertaken : His Death was the more to be Lamented , because he was not conquered by his Enemy , but betrayed by his Friend , who had little Reason so to do . Bruce , The Ninety Seventh King. BRVCE stayed so long , till he had obtained Pardon from the Pope , for killing a Man in Holy Church , and then in April following , Anno Domini 1306. he went to Scone and was Crowned King. The first thing he did , knowing , that he had to do with a Powerful Enemy , was , to levy all the Force he could make ; but , in regard , the whole Family of the Cumins's ( whose Greatness was never equalled by any in Scotland , either before , or since ) was against him , and also the Minds of many were offended with him , for his former assisting of the English ; and moreover , most of the Scots were , out of Fear , willing to be quiet under the English Power ; yet , he adventured with a small Army , to try his Fortune at * Methven , where he was overthrown by Ailmer , Edwards General , but with little Slaughter , because his Men , seeing their own weakness , fled away entire , almost at the first Charge ; this was done * on the 13th of the Calends of August . And not long after , coming to Athol , and designing for Argyle , his design was discovered by the Cumins's , and he was forced in his very march , at a place called Dalree , i. e. Kings-land , to try his Fortune in a Battel , where he was overthrown also , but lost few , in regard every one fled several ways , as they thought fit : After that time , he had but Two or Three in his Company , for he thought himself more secure with a few , and thus he wandred up and down in secret places , living mostly a Foresters Life , and in despair of any Aid , if he had a mind again to try his Fortune . For the Vulgar , upon his double Discomfiture , drew thence discouraging Omens , and so they all left him , only Two of his old Friends Malcolm Earl of Lennox , and Gilbert Hay , never forsook him , but remained constant to him , in all Misfortunes . The English , not yet satiated with his Miseries , send about through all Parts of the Kingdom , to apprehend his Allies and Kindred ; and besides , they Commanded all the Wives and Children of those who were banished , to depart the Kingdom , at a time prefixed . The Wife of Robert himself , was taken by William Earl of Ross , and sent into England ; and Neile , his Brother , with his Wife and Children , came into the Hands and Power of the English ; his Castle of Kildrummy being betrayed , by the Governor thereof , to them . Moreover , his Brethren , Thomas and Alexander , endeavouring to pass out of Galway to Carick , were taken at the Loch Ryan , ( which Ptolemy calls , the Bay Rerigonius , ) and sent into England . These Three were put to Death in several Places ; the rest of the Brucian Party were diligently sought after , and put also to Death , and their Estates Confiscate . The King himself , with one or two , and sometimes alone , wandred up and down , through uncouth Places , daily ; yea , hourly , changing his Recesses ; and yet , even thus , not thinking himself safe enough , from the Cruelty of his Enemies , and the Perfidiousness of his Subjects , he passed over to another Friend of his , into the Aebudae ; where he lurked for some Months : And , in regard , he did no where appear , he was thought to be Dead , and so they left searching for him . This Report , as it made for his Safety , so , if it had continued long , it would have taken away all Hopes from his Friends , of his ever obtaining and recovering the Kingdom . Whereupon , he judged it fit to attempt something , and receiving a small Force from his Friends , where he had hid himself , he sailed over into Carick ; and , by Means of his sudden coming , he there surprized a Castle , which was his own Inheritance , but Garisoned by a strong party of English , whom he put all to the Sword ; and , lest his Passage might be stopped by the Enemy , he passed over by the Bay of Clyde , and came to the strong Castle of Ennerness , situate on a pretty high Hill , by the River Ness , which , as being in a remote Country , and negligently Guarded , he also happily took . The Report hereof being divulged , occasioned great Thoughts of Heart all over Scotland . For , besides his Old Friends , who came to him , from all Places , out of their Lurking Holes , the Pride of the English had raised him up many New ones ; for They , thinking that he had been dead , began to Lord it more imperiously , and cruelly , than ever they had done , before . So that his Forces being considerably encreased , and that with very good Soldiers , whom either Labour had hardned , or Despair urged to the most desperate Attempts , he took all the Castles in the North of Scotland , and demolished them , as they were taken ; partly , That he might not weaken his Forces by dividing them into Garisons ; and partly , That the Enemy might have no Harbour there . Thus , overcoming all as he went , he came into the very Heart of the Kingdom : Iohn Cumins , Earl of Bachan , being informed thereof , gathered together a suddain Company of Scots and English , even as many as were able to bear Arms ; when he was come to the Forest , through which the River Esk falls down into the Plains of Mern , he overtook him at a Place , called * Glenesk . Bruce , perceiving that the Narrowness of the Passages was advantageous for his Men , stood ready to Fight , expecting his Enemy . Cumins drew out his Army in length , imagining , that Bruce would be astonished at the sight of such a Multitude . But when he saw , that he stirred not from the Place , and being also Conscious of the Weakness of his Men , he durst not draw them forth into a Place of greater Disadvantage . Hereupon , he first sent an Herald to Bruce for a Truce ; wherein , they might Treat of Terms of Peace : The Truce being obtained , Cumins made no more Mention of Peace , but encreas'd his Forces as much as ever he could ; neither would he trust the Scots that were with him , ( the Favour of many of them inclining to Robert , ) but craved Aid from England . In the mean time , Bruce , to remove the Contemptible Opinion , which the English might conceive of him ; and to encourage the Spirits of his Friends , was always nibbling at his Enemies Heels ; here taking some , there others ; and , surprizing their weakest Garisons , he never staid long in a Place , neither gave he Opportunity to the Enemy to fight him . But about this time , Simon Frazer and Walter Longan , brave Soldiers Both , and Lovers of their Country , were taken by some of the Cuminian Faction , delivered over to the English , and put to Death at London . And almost about the same time , Iames Douglas joined himself with Bruce his Party . He was the Son of William , a young Man , passing well instructed in all the Liberal Arts ; who , when he was studying at Paris , hearing that his Father was cast into Prison , by the English , where he soon after Died , returned home to receive the Advice of his Friends , how he might Order the Residue of his Life : But , being deprived of his Patrimony , and all his Friends variously dispersed , in great Want he repaired to William Lambert , Bishop of St. Andrews ; by whom he was admitted , as one of his Family , and kindly entertained , until King Edward came to Besiege Sterlin , after he had Conquered almost all Scotland , besides . Lambert , going thither to Salute the King , carried Douglas along with him , and having gotten a fit Opportunity , he spake to the King to restore his Patrimony , to take him into his Protection , and to make Use of his Faithful Endeavours in his Service ; some other things he also added , in Praise of the young Man ; the King , hearing of his Name and Family , spake very roughly concerning the stubbornness of William his Father , withal adding , That he intended not to make any use of his Son , nor of any Assistance of his ; and , as for his Paternal Estate , he could not restore it , if he would , because he had gratified his Friends with it , who had merited well of him . Iames , being thus dismissed by the King , stayed with Lambert , till Bruce came to Merne . And then , that might he omit no Occasion to prejudice Edward ( whose Mind , he found was implacably bent against him ) he took away Lamberts Horses , and some Money , not without his Privity , and came to Bruce ; and his Service was of great use to him , in many sharp Storms , afterwards . Not long after , Both Kings , almost in the same Moment of time , fell grievously Sick ; Edward , being busie in Preparations for War against Scotland , died within a few days at Lancaster , leaving his Second Son , Edward , for his Heir , who was called Edward of Carnarvon , from the Place where he was Born ; he , marching into his Enemies Country , with the Army , which his Father had recruited , sent a Proclamation before to Dumfreiz , That all the Scots should meet him there , but there came in but a Few , and those out of the Neighbouring Parts , and very heavily too . He being also informed , That his Matters beyond Sea went not well on , left a Force , such as he thought sufficient , to quell the Insurrection in Scotland , and settling things as soon as he could , he passed over into France . In the interim , Robert , hearing of Edward's Death , was somewhat relieved , and began to hope better of his Affairs ; and so the strength of his Mind , supported his weak Body . But , not being ignorant , how much the sole Conduct of a General might contribute to a Victory , he so prepared himself for the extreme Push of Fortune , that he expected his Enemy and a Battel . On the other side , the English King coming back more slowly than his Friends hoped ; Iohn Cumins , being greedy of the Glory , That the War was ended by him , hoping also , that Robert was dead , by reason of his sore Disease added to his other Hardships ; or , at least , that his Sickness would hinder him from being present in the Army , gathered together all the Forces he could make , and marched directly towards his Enemy . On the other side , Robert , to encourage his Men , caused himself to be set on Horseback . His very Sight , tho' he was supported by Two Men , and could not stay long , yet gave such Heart to his Men , that they never began any Fight more Courageously , than they did That . Cumins , who had placed the Hope of his Victory in the Sickness of his Enemy , being not able to keep his Men together , neither by Persuasions nor Punishments , was forced to fly away in their Company , many were taken in the pursuit , and all courteously used . This Victory gotten at * Ennerury , as it recovered the King from his Disease , so it was the Omen of his future prosperous Proceedings ; for , from that day forward , he succeeded in All that he attempted . A while after , he marched into the Country of Argyle , which he pillaged , and forced Alexander , the Lord of it , to a Surrender , who , retiring into England , in a little time , there ended his miserable Life , in great Want. The same Year , the Day before the Calends of * Iuly , Edward Bruce also had prosperous success at a Battel fought at Die , a River of Galway ; Rolland , a Noble Knight of Galway was slain in the Fight ; Donald , the Islander , was taken Prisoner , as he was flying away ; and the whole Country of Galway was wasted , far and near . These Tumults rouz'd up Edward ( who was rather desirous to live in Peace ) to a War , even against his Will ; for , perceiving that his Affairs were ill-managed , he , the next Year , with a great Army of English , entred Scotland , and there joyned a numerous Body of Scots , who had not yet revolted from the English. With those Forces he pierced as far as Ranfro● , and then retreated , having performed no Memorable Act , in his Expedition ; either , because he himself was of a dull and unactive Nature ; or else , because Robert ( besides the scarcity which did then generally afflict all Scotland ) had caused all the Provisions to be carried away from those Places , thrô which his Army was to march , and had laid them up , more out of the way . After his Departure , Robert spent the rest of the Year in recovering those Castles which the English yet held , of which Many surrendred before they were Besieged , as despairing of any help from England . The next Year , which was 1310. Bruce , to cry quits with the English for the damage they had done in Scotland , marched twice into England with his Army , and returned back , laden with spoils , without any Encounter at all . The Two next Years , he recovered almost all the strong Garisons , which yet remained in the hands of the English. He took Perth by Storm , and put all the Garison Soldiers , both English and Scots , promiscuously to the Sword ; and , that others might be deterred from the like Obstinacy by their Example , he razed their Walls , and filled up their Trenches . The Terror of that Example caused Dumfriez , Lanerick , Air , and Bote , and many other weaker Forts to Surrender . At the beginning of the Spring , Roxburgh was taken by Iames Douglas , when the Garison was intent upon their Sports and Pastimes , in those Revels which were wont to be celebrated at the beginning of Lent. And not long after , Thomas Randolph recovered the Strong Castle of Edinburgh ; The Isle of Man was also surrendred , and the Castles thereof demolished , that they might not , again , be a Receptacle to the Enemy . In the mean time , Edward Bruce closely besieged the Castle of Sterlin , scituate on a Rock , steep every way but one , where the Passage to it lay . It was defended by Philip Mowbray , a vigilant Commander , who , perceiving the Success of the Brucians in Scotland ; and , foreseeing a Siege , had mightily stored and fortified it with Arms and Provisions , before hand . And therefore , when Edward had fruitlessly spent many days in besieging it , and had no hopes to carry it , by force , That he might not seem to be repulsed without doing any thing , he enters into Conditions with Mowbray , That , if he was not relieved in an Year , to commence from that very Day , by the English , then the Castle was to be surrendred , and the Garison should have Liberty , Bag and Baggage , to march whither they pleased . These Conditions did much displease the King , yet , that he might not detract from his Brothers Credit , he resolved to observe them . Yet , in regard he did not doubt , but the English would come at the time appointed , he prepares , as much , as , in so great a scarcity of things , he was able , to manage his last Encounter with his potent Enemy . And indeed , Edward , considering , that he was not only dispossessed of Scotland , whose People his Father had left to him conquered and broken ; but that England was also in danger , had a desire to root out so Rebellious , Disobedient and Unquiet a Nation . In order whereunto , he levied an Army , not only of English and such Scots who adhered to them , but he increased it by supplys from his Transmarine Dominions , ( which then were many , great , and opulent ) so that his Army was bigger , than ever any King of England had , before . Yea , he received also an Accession of Force from his Allyes beyond the Seas , especially from Flanders and Holland , whom his Father had strenuously assisted against Philip , King of France . They say , it consisted of above 100000 Fighting men . There followed also his Army , a Multitude of Baggagers , Attendants , and Sutlers , who carries Provision both by Sea and Land , because they were to come into a Country not very fruitful of it self ; and besides , which had , so many years before , been harassed with all the Miseries of War. Moreover , there was a Multitude of Such , as were to set out , or describe , Colonies , and to receive Dividends of Land , who brought their Wives and Children along with them ; so that the Force of so Rich , Powerful and Flourishing a Kingdom , as England was , being thus , as it were , abridged and epitomized into one Army , the Consideration thereof produced such a Confidence in them all , That , now , all the Discourse was , not of Fighting , but rather of Dividing the Spoil . Bruce , hearing of this great Preparation of the Enemy , prepares also his Forces , far inferiour in Number to so great a Multitude , as being Thirty Thousand only , but such , as were inured to Hardships , and the Toyl of a Civil War ; and who now carried the Hopes of their Lives , Fortunes , and of all that is dear to Men , as it were , on the Point of their Swords . With this Army , he sate down on the left Bank of the River Bannock . This River hath steep Banks on Both sides , and it had but a few , and those too , narrow , Passages , or Fords ; it is about Two Miles from Sterlin ; Below the Hills , before it makes its influxe into the Forth , it passeth thrô a little leveller Ground , yet , here and there , it is Marshy . In the Winter it usually runs with a rapid Torrent ; but , in that hot Time of the Year , the Water was but Low and Fordable , in many Places . Bruce , by how much the Weaker in Force , was so much the more Circumspect , and therefore he used Art and Policy to make the Passage over the River more difficult , to the English , who possessed the right-hand Bank thereof . In order whereunto , he caused deep Trenches to be dug in level Places , wherein he fastened sharp Stakes , or Spikes , and covered them with some light Turffs a top , that so his Stratagem might not be discovered ; and moreover , he caused * Calthrops of Iron to be thrown up and down on the Ground , in Places most convenient . Wherefore , when Camp was almost joyned to Camp , as being on different Hills , only a small River between them : Edward sent 800 Horse a little before to Sterlin , who marched a little off from the Camp ; Robert , imagining , that they were sent to plunder in the Neighbourhood , gave command to Thomas Randolph to follow them , with 500 Horse , either to prevent the stragglers in wasting the Country , or , if a fit Occasion were offered , to fight them . The English , seeing them , desisted from their intended March to Sterlin , and faced about . The Fight was sharp , and continued long , the Victory inclining , for a time , to neither Party , so that Iames Douglas , being concerned for the Scots , who were the fewer in Number , earnestly desired Bruce , That he might go and relieve them . Bruce peremptorily denied him , whereupon , tho' , at present , a Spectator only from an Hill , yet he resolved , if the Scots were further distressed , to succour them ; but , perceiving the English to give back , and the Scots to get Ground , he stopped his March , that so he might detract nothing from another mans Praise . The English , having lost but those Few out of so numerous an Army , were not discouraged in their Spirits , and also the Scots prepared themselves for the Encounter , the next day , as if they had already received an Omen of a compleat Victory . The Night , thô very short , ( for the Battel was fought on the 9 th of the Calends of * Iuly ) yet seemed long to both Parties , for the Eagerness they had to Fight . All the Scots were divided into Three Brigades , The King led the Middle , or Main Battel ; His Brother Commanded the Right Wing ; and Randolf , the Left. The English , besides a multitude of Archers , which they placed on the outside of Both their Wings , had also Curiassiers , out of France . They speeding towards Randolf , who stood on the Lower Ground , and endeavouring to fall obliquely on his Flank , fell suddainly into the Di●ches made by Bruce , where they tumbled one upon another , with great Slaughter , both of Man and Horse . They that first fell in , were Slain by the pressure of Those that fell upon them , and the last Ranks being discouraged at the loss of the First , retreated back . This Terror did also somewhat retard the Foot , for they were afraid of falling into the like Snares . There also did happen another Accident , which , thô little in itself , yet contributed very much ( as such Niceties are wont to do in War ) to the main Chance . Robert rode up and down before his Army , to keep them in their Ranks , having a Batoon in his Hand , a certain Englishman knew him , and ran at him with his Spear . The King avoided the blow , and , as the Horse , in his Carrier , ran a little beyond him , struck his Rider dead with his Batoon , and down he tumbled from his Horse , to the ground . The Common Soldiers highly commended the perillous Audacity of the King ; and were hardly kept in by their Commanders , but hand over head , would rush upon the Enemy , with such an eagerness of Mind , that they were likely to break their Enemies Ranks , unless the English Archers , who were placed in their Wings , had repulsed them with great Loss ; and Bruce also sent in some Troops of Horse , who drove them back ; Yet , in this Action , a Mistake did more prejudice to the English , than their Enemy did . The Rabble-Rout , which followed the Camp , caused the Baggage-men to mount their Draught horses and to hang out some Linen Cloth instead of Ensigns , thus they stood on an Hill , where they might easily be seen , and made an Appearance of a new Army . The English , who stood nearest , were surprized with a double Fear , and betook themselves to their Heels . Their Fear disordered the rest of the Army . A Multitude of common Soldiers were slain the pursuit ; some of our Writers say , Thi● Fifty Thousand English fell at that Fight . Caxton , an Englishman , doth not set down the precise Number , but , he says , it was a mighty Overthrow , an innumerable Multitude being slain ; and he did well in not being positive in the Number , for it was hard to compute it , in regard the Flight was so scattered , wherein more perished than in the Battel . This is certain , the Slaughter was so great , that the English , thô they had many Provocations from the Scots , yet did not stir for Two or Three Years , after . Of the English Nobility , there fell about Two hundred , and almost an equal Number were taken Prisoners . The Prisoners related , That the King himself began to fly first , and if he had not been received into the Castle of Dunbar , by the Earl of March , and so sent in a Skiff by Water to Berwick , he had not escaped the hands of Douglass , who , with 400 Horse , pursued him Forty Miles . Amongst the Prisoners , there was taken a Monk , One of those who are called Carmelites , from Mount Carmel in Syria , he was accounted a good Poet for that Age , and was brought into the Army to celebrate the Victory of the English , in a Poem ; but , they being beaten , he Sung their Overthrow in a Canto , ( for which he had his Liberty . ) His Verse was rude and barbarous , yet , it did not altogether displease the Ears of the Men of that Age. Neither was the Victory unbloody to the Scots ; they lost above Four thousand Men , amongst whom , there were but Two Knights : Hereupon , Sterlin Castle was surrendred , according to Compact , and the Garison sent away . About these times there happened a Passage , not unworthy to be related , in regard of the variety of Providences , in a narrow compass of time . Iohn * Menthet , who betrayed his Friend Wallis to the English , and was therefore worthily hated by the Scots , received , amongst other Rewards , the Government of the Castle of Dumbritton from the English. When other Forts were recovered , That only , or , but very few with it , held out for the English. And because it was naturally impregnable , the King dealt with the Governor , by his Friends and Kindred , to Surrender it . He demanded the Country , or Earldom of Lennox , as the Price of his Treachery , and Surrender . Neither would he ever so much as hear of any other Terms . In this Case , the King did waver and fluctuate in his Mind , what to do ; on the One side , he earnestly desired to have the Castle ; yet , on the Other , he did not so much prize it , as , for its sake , to disoblige the Earl of Lennox , who had been his Fast , and almost his only , Friend , in all his Calamities . But the Earl of Lennox , hearing of it , and coming in , soon decided the Controversie , and persuaded the King , by all means , to accept the Condition . Hereupon , the Bargain was made , as Iohn Menteith would have it , and Solemnly confirmed ; But when the King was going to take Possession of the Castle , a Carpenter , one Rolland , met him in the Wood of Cholcon , about a Mile from it , * and having obtained Liberty to speak with the King , concerning a matter of great importance , he told him , what Treachery the Governor did intend against him ; Yea , and had prepared to execute it ; It was This , In a Wine-Cellar , concealed , and under Ground , a sufficient number of Englishmen were hid , who , when the rest of the Castle was given up , and the King secure , were to issue forth upon him as he was at Dinner , and either to kill , or take him Prisoner . Hereupon , the King , upon the Surrender of the other Parts of the Castle by Iohn , being kindly invited to a Feast , refused to eat ; till , as he had searched all other parts of the Castle , so he had viewed that Wine-Cellar , also . The Governor excused it , pretending , That the Smith , who had the Key , was out of the way ; but that he would come again anon ; the King , not satisfied therewith , caused the Door to be broken open , and so the Plot was discovered ; The English were brought forth in their Armour , and being severally examined , confessed the whole Matter ; and they added also another discovery , viz. That a Ship rode ready in the next Bay to carry the King into England . The Complices in this wicked Design were put to death ; but Iohn was kept in Prison ; because the King was loth to offend his Kindred , and especially his Sons in Law , in so dangerous a time . For he had many Daughters , all of them very beautiful , and Married to Men , rich enough , but Factious . Therefore , in a time of such imminent Danger , the Battel drawing near , wherein All was at stake , lest the Mind of any powerful Man might be rendred averse from him , and thereby inclined to practise against him , Iohn was released out of Prison , upon this Condition , ( for the performance whereof , his Sons in Law undertook ) That he should be placed in the Front of the Battel , and there , by his Valour , should wait the Decision of Providence . And indeed , the Man , otherwise fraudulent , was , in this , as good as his Word , for he behaved himself so Valiantly , that that days Work procured him , not only Pardon for what was past , but large Rewards for the future . The Fame of this Victory , being divulged over all Britain , did not only abate the Fierceness of the English , but raised up the Scots even from extream Desperation ; supplying them not only with Money , but with Glory , with Arms and other Furniture for War. Neither did they only release their own Men , who were made Prisoners , either in Fight , or upon Surrenders , but also they raised great Sums , by the Redemption of the English , they had taken . And , out of the Spoils , many recompensed and made up the Losses they had received in former Times , yea , and got great Estates too , for the future . For the English came with all their Precious Things about them , not as to a War , but as to an assured Victory . The King , having thus prosperously succeeded in the War , spent the following Winter in settling the State of the Kingdom , which was much weakened by so long a War , and also in bestowing Rewards on the well-deserving . The next Spring , Berwick was taken from the English , after they had enjoyed it 20 Years . In the next place , he Convened an Assembly of the Estates at Air , a Town of Kyle . There , in a full Assembly , by the Suffrages of all the Orders , the Kingdom was confirmed to Bruce ; and afterwards , because the King had but one only Daughter , left by his former Wife ; The States , remembring what publick Mischiefs had happened by the Dispute , which in former times had been managed concerning the Right of Succession , made a Decree , That if the King left no Issue Male , his Brother Edward should succeed him in the Kingdom , and his Sons , in order , after him . But , if he also should decease without Issue Male , then the Crown was to descend to Mary , the Daughter of Robert , and to her Posterity ; yet so , that the Nobility were to provide her an Husband fit for her Royal Estate , and for the Succession in the Kingdom . For it was lookt upon , as far more just , That an Husband should be chosen for the young Lady , than that she should chuse an Husband for her self , and a King for the whole Land. It was also Decreed , That , in the Minority of the King , Thomas Randolfe , or , if he should miscarry , Iames Douglas , should be Tutors to the King , and Governors of the Kingdom . The Fame of Robert's noble Exploits , both at home and abroad , excited the Irish to send Ambassadors to him , To put themselves , and their Kingdom , under his Protection . And , if his Domestick Affairs should not suffer him to accept of the Kingdom , himself ; yet , that he would permit his Brother Edward to do it , that so a Nation , allied to him , might no longer suffer under the cruel , insulting , and intolerable Domination and Servitude of the English. The Irish wrote also to the Pope , to the same purpose ; and he , by his Missives , desired the English to forbear wronging and oppressing the Irish ; but in vain , so that Edward Bruce went thither with a great Army , and , by universal consent , was saluted , King. In the first year of his Arrival he drove the Engl●sh out of all Vlster , and reduced it to his Obedience ; yea , he passed over all the rest of the ●sland with his Victorious Army . The next year , a new Army was sent over from England ; Robert , perceiving , that the War would grow hotter , levied new Forces , and made haste over to his Brother . He suffered much in that Expedition , by his want of Provision , and when he was but about one days March from him , he heard , That he , and all his Men were defeated , the Third of the Nones of October . The report is , That Edward , edged on by too much desire of Glory , did precipitate the Fight , lest his Brother should share with him in the Glory of the Victory . The King of England , being informed , that the Flower of the Militia of Scotland did attend Bruce in a Foreign Country , and thinking This a fit opportunity offered him to Revenge the Losses of former times , sent a great Army , under select Commanders , into Scotland . Douglas , Governor of the Borders , fought with them thrice in several places , and slew almost all their Commanders , and a great part of the Souldiers . The English having sped ill with their Land Army , came into the Forth with a Naval Force , and infested all the Sea Coasts by their Excursions : The Earl of Fife sent 500 Horse to restrain the Plunderers ; but they , not daring to encounter so great a Multitude , in their Retreat , met with William Sinclare , Bishop of the Caledonians , accompanied with about 60 Horse , who , perceiving the Cause of their Retreat , did most grievously reproach them for their Cowardize , and cried out , All you , that wish well to Scotland , follow me ; and thereupon , catching up a Lance , they all cheerfully followed him , and he made so brisk an Assault on the scattered Plunderers , that they fled hastily to their Ships ; and whilst they all endeavoured to get aboard , one Ship , overladen with Passengers , was sunk , and all , that were in it , drowned . This Attempt of Sinclare's was so grateful to the King , That , ever after , he called him , His Bishop . That Summer , when all the English Counties , bordering on the Scots , lay desolate and unmanured , by reason of want of Provision , ( Diseases also abounding amongst all sorts of tame Animals and Cattle ) as also by frequent Invasions ; To remedy this Inconvenience , Edward came to York , but there he was not able to compleat an Army , by reason of the Paucity of the Inhabitants ; so that the Londoners , and the Parts adjoining were fain to supply him with Soldiers , thô many of them had their Passes and Discharges from all Military Services , before . At length he made up an Army , and marches to besiege Berwick , he was scarce arrived there , when Thomas Randolfe passed over the River Solway , and marched another way into England ; where he wasted all with Fire and Sword , no Man resisting him ; yea , in some Places , he could hardly meet with any Man , at all . For a Plague , which Reigned the former year , had made such a Devastation , that the Face of things seemed very piteous , even to their very Enemies . When the Scots had marched above 100 Miles , and had fired all , especially about York , the Archbishop thereof , more fo● the Indignity of the Thing , than the Confidence in his Force , took Arms. He gathered together an Army numerous enough , but raw and undisciplined , consisting of a promiscuous Company of Priests , Artificers , and Country-Labourers , whom he led , with more Boldness , than Conduct , against his Invaders ; but , being overcome by them , he lost many of his Men , and He , with some few , saved themselves by Flight . There was so great a Slaughter of Priests made there , That the English , for a long time after , called that Battel , The White Battel . Edward , hearing of this Overthrow , lest his Conquering Enemy should make further and greater Attempts , brake up his Siege , and retreats to York , ( the Scots having withdrawn themselves ) and from thence into the heart of his Kingdom . The English were busied with Domestick Tumults , so that a short Truce was made , rather because both Kings were tired with the War , than , otherwise , any whit desirous of a Pacification . In this Calm , Robert Indicts a Convention of all the Estates and Nobility . And , because the Changes , happening in so long a War , had confounded the Right of Mens Possessions , he commanded every one to produce and shew , By what Title he held his Estate . This Matter was equally grievous to the Old Possessors , as well as the New. Valiant Men thought , they enjoyed That by a good Right , which they had taken from their Enemies ; and they took it much amiss , That what they had got , as the Price of their Military Toil , yea , of their Blood too , should be rent from them , in Times of Peace . As for the old Owners of Estates , seeing there was no one House almost , but had suffered in the War , They had lost their Deeds , ( by which , they held their Lands ) as well as their other Goods . Whereupon , they all entred upon a Project , valiant in appearance , but bold and temerarious in the event . For when the King , in the Parliament , commanded them to produce their Titles , every one drew his Sword , and cried out , We carry our Titles in our Right Hands ; The King , being amazed at this sudden and surprising Spectacle , though he took the Matter very heinously , yet he stifled his Indignation for the present , until a fit Time of Revenge . And it was not long , before an Occasion was offered him , to shew it ; Divers of the Nobles , being conscious to themselves of the Audacity of their late Attempt , and fearing to be punished for it , conspire together to betray the Kingdom to the English. The Fact was discovered to the King , and that so plainly , that the Letters , declaring the Manner , Time , and Place , were intercepted , and their Crime made evident . Whereupon they were all taken , and brought to the King , without any Tumult at all raised at their Apprehension . And because it was much feared , That William Souls , Governor of Berwick , would deliver up both Town and Castle to the English , before the Conspiracy was publickly divulged , he made a Journy thither , as it were , by she by . A Convention was made at Perth , to try the Prisoners , where the Letters were produced , and every ones Seal known ; being convicted of High-Treason , by their own Confession , they were put to Death . The Chief were David Brechin , and William Lord Souls , of the Nobility ; also Gilbert Mayler , Richard Brown , and Iohn Logie ; besides , there were many others of all Orders accused , but there being only Suspicion against them , they were dismissed . The Death of David Brechin only , did diversly affect Mens minds ; for , besides that he was the Son of the Kings Sister , he was accounted the Prime young man of his Age , for all Arts both of Peace and War. He had given given evident Proofs of his Valour in Syria , in the Holy War. He , being summoned in by the Popular Conspirators , never gave his Consent to the Treason , only his Crime was , That , being made acquainted with so foul a Machination , he did not Discover it . The Body of Roger Mowbray , who dyed before Conviction , was Condemned to all kind of Ignominy , but the King remitted that Punishment , and caused it to be buried . Some some few Months before this Process was had , the Popes Legates , who , at the request of the English , came to compose the Dissensions betwixt the Kingdoms , not being able to do any thing therein , lest they might seem to have done nothing for the English in their Legation , Excommunicated the Scots , and forbad them the Use of Publick Divine Service , ( the Popes Thunderbolts being terrible , in Those days . ) Bruce , to shew how little he valued the Popes Curses in an unjust Cause , gathered an Army and invaded England , following the Legate at his Departure , almost at his very heels . There he made a foul havock with Fire and Sword , and came as far as the Cross at Stanmore . The English , not to suffer so great Ignominy to pass unrevenged , levied so numerous an Army , that they promised themselves an easy Victory , even without Blood. Robert thought it dangerous to run the Hazard of All in a Battel against the mighty Army of so great a King , but rather he resolved to help out the matter with Policy , rather than by Force . He drave all the Cattle into the Mountains , whither Armies could not , but with great Difficulty , ascend ; and all other things of use for an Army , he caused , either to be reposited in Fortify'd Places , or to be wholly spoiled . The English , who came thither in hopes of a speedy Battel , and had not Provisions for a long March ; when they perceived , what Devastation was made in their own Country , were inflamed with Anger , Hatred , and Desire of Revenge , and resolved to pierce into the middst of Scotland , and to ferret the King out of his boroughs ; yea , and force him to a Fight , tho' against his Will. For the Greatness of his Forces did encourage him to hope , that , either he should blot out his former Ignominy by an Eminent Victory , or else , should recompense his Loss lately received , by an enlarged Depopulation ; With this Resolution he came in all hast to Edinburgh ; he spared Churches only in his March , but the further he was to go , the more scarcity he was like to find ; So that , in five days time , he was forced to retreat . At his return , he spoiled all things , both Sacred and Prophane . He burnt the Monasteries of Driburgh and Mulross , and killed those old Monks , whom either Weakness , or Confidence in their Old Age , had caused to stay there . As soon as Bruce was informed , that Edward was returned , for want of Provision , and that Diseases did rage in his Army , so that he had lost more Men than if he had been overcome in Battel , he almost trod upon his Heels , with an Army , noted more for the Goodness , than the Number , of Soldiers , and came as far as York , making grievous havock as he went. He had almost taken the King Himself by an unexpected Assault at the Monastery of * Biland , where Edward , in a tumultuary Battel , was put to Flight , all his Household-stuff , Money , Bag and Baggage being taken . To blot out the Ignominy of this Infamous Flight , Andrew Berkley , Earl of Carlisle , was a while after accused , as if he had been bribed to betray the English , and so he lost his Life , in Punishment for the Cowardize of another Man. The next Year , a double Embassy was sent , One to the Pope , to reconcile him to the Scots , from whom he had been alienated by the Calumnies of the English ; and Another to renew the Ancient League with the French. They Both easily obtained what they desired : For , when the Pope understood , That the Controversy arose by the Injury and Default of Edward the First , who affirmed , That the King of Scots ought to obey , as a Feudatary , the King of England ; and , That the English had nothing to defend their Claim by , but old Fables , and late Injuries ; and besides , That , in Prosperity , being Summoned by the Pope , they always avoided an equal Decision of Things , tho , in their Adversity , they were always humble suiters to him for his Aid ; and , on the other side , the Scots always were willing to have their Cause heard , and never shunned the Determination of an Equal Judge , nor the Arbitration of any Good men ; and moreover , when they produced many Grants and Summons of Former Popes , which made for them , and against their Enemies , the Scots were always present at the day , and the English , tho' they had Notice given , never came . Hereupon , the Pope was easily reconciled to the Scots ; and the French as easily induced to renew the Ancient League , only one Article was added to the old Conditions , That if any Controversy did hereafter arise amongst the Scots , concerning him who was to succeed in the Kingdom , the same should be decided by the Council of the States ; and the French , if there were need , were to assist Him by his Authority , and with his Arms , who , by Lawful Suffrages , was by them declared King. Our Writers cast the Rise of the Hamiltons , now a powerful Family in Scotland , upon these Times . There was a certain Nobleman in the Court of England , who spake Honourably of the Fortune and Valour of Bruce ; whereupon , one of the Spencers , Bed-Chamber Man to the King , either thinking , That his Speech was Reproachful to the English ; or else , to curry Favour with the looser sort of the Nobility , drew forth his Faucheon , and , making at him , gave him a slight wound in the Body . The Man , being of a great Spirit , was more concerned at the Contumely , than at the Damage ; and , being hindered by the coming in of many , to part the Fray , from taking present Revenge ; the day after , finding his Enemy in a sit Posture , in the same place , he run him thorough : And fearing the Punishment of the Law , and the great Power of the Spencers at Court , he fled presently into Scotland , to King Robert , by whom he was courteously received , and some Lands , near the River Clyde , were bestowed upon him . His Posterity , not long after , were admitted to the Degree of Noblemen ; and the Opulent Family of the Hamiltons was Sirnamed from him , and also the Name of Hamilton was imposed on the Lands , which the King gave him . Not long after , Edward had great Combustions at home , insomuch , that he put many of the Nobles to Death , and advanced the Spencers , the Authors of all Evil Counsel , higher than his own Kindred could bear ; so that , he was apprehended by his Son , and by his Wife , ( who had received a small Force from beyond the Seas , ) and kept close Prisoner ; and not long after , he was slain by a course sort of Death , an hot Iron was thrust into his Fundament , through a Pipe of Horn , by which his Bowels were burnt up , and yet no Sign of so terrible a Fact appeared on the outside of his Body . His Wife and Son were thought Privy to the Parricide , either , because his Keepers would never have dared to commit such a Deed , so openly , unless they had had Great Authors ; or else , because they were never called in Question for so Immane a Butchery . These Disturbances in England , which were followed by the Kings Death , Bruce also growing old and weak in Body , were the Occasions , that Peace for some Years did intercede between the Two Neighbour Nations . For Bruce , being freed from the Fear of the English , and being also called upon by his Age , converted his Thoughts to settle his Domestick Affairs . And first , he made hast to confirm the Kingdom , ( which was not yet quite recovered , nor fully setled , from the Commotions of former Times ) to his only Son , yet but a Child , by the Consent and Decree of the Estates . And , if he died without Issue , then he appointed Robert Stuart , his Nephew by his Daughter , to be his Successor : He caused the Nobles to take an Oath , for the Performance of this Decree . But afterwards , fearing . That , after his Death , Baliol would begin his old Dispute , about the Kingdom ; especially seeing his Heirs , because of their Minority , might be liable to be injured by others ; he sent Iames Douglas to Iohn Baliol , being in France , with large Gifts and Promises , That he would cease his Claim to the Kingdom : This he did , not so much to acquire a new Right , ( because , according to the Scotish Custom , The King is made by the Decree of the Estates , who have the Supream Power in their Hands ; ) but , that he might cut off all Occasion from Wicked Men , to Calumniate his Posterity ; and also , that he might Eradicate the very Seeds of Sedition . Douglas found Baliol far more placable , than he , or others , thought , he would be ; for he was now surrounded with the Miseries of Extream Old Age. He ingenuously Confessed , That his Peccant Exorbitance was justly restrained , and that he was deservedly driven out of the Kingdom , as unworthy to Reign . And therefore , he was very willing , That his Kinsman Robert should enjoy the Crown , by whose high Valour , singular Felicity , and great Pains-taking , 't was Vindicated into its Ancient Splendour : In one thing , he rejoyced , That they , by whom he was deceived , did not enjoy the Reward of their Perfidiousness . When Robert had setled these Matters , according to his own desire , the same Year , which was 1327. our Writers say , That Ambassadors were sent into Scotland , by Edward the Third , for a Pacification ; in which Matter , they seemed to act Treacherously , and instead of Peace , they carried home War , but what the particular Fraud , was , is not expressed , and the English say , That the War was openly denounced by Robert , but they describe not the Cause of it ; surely , it must needs be some great and mighty One ; or else , a valetudinary old Man , when Peace was scarce setled at home ; and , who might have been sated with his former Victories , rather than with War , would not so soon have been provoked to reassume his Arms. This is certain , That the King , by reason of his Age , could not manage the War himself in Person ; so that Thomas Randolfe , and Iam●s Douglas , the Valiantest and Wisest of all that Age , were sent by him into England , with Twenty Thousand brave nimble Horse , but no Foot at all . The Reason was , That they might fly up and down swiftly , and not abide in one place ; nor , be forced to Fight the English , unless they themselves pleased . For they knew , that the English would make Head against them in their first Expedition , with a far more numerous Army : Neither were they deceived in their Opinions , for the King of England , besides his Domestick Forces , had procured great Assistance of Horse , from Belgium ; but , in regard they and the English fell out at York , some English Writers say , That they returned home again . But Frossard , a French Writer of the same Age , says , That they accompanied the English during the whole Expedition ; and that , not only for Honours sake , but also for Fear of Sedition , they had the next Place to the Kings Regiment , always assigned to them , in the Camp. The King , having made a Conjunction of all his Forces , ( which were clearly above Sixty Thousand Men ) marched against the Scots , who had already passed over the Tine . Now , there were Two Fortified Towns on the Tine . One nearer Wales , which was Carlisle ; and the other , about Fifty Miles lower , called Newcastle . The English had strongly Garisoned Both of them , to hinder the Enemies Passage over the River ; but the Scots , knowing , where the River was fordable , passed over without any noise , and so deceived both the Garisons . When the English were come into the Bishoprick of Durham , from the Tops of the Hills , they might see Fires afar off , and then beginning to understand , how near their Enemy was , they tumultuously cryed , Arm , Arm , as if they were presently to fall to it . They drew forth their Army into a Threefold Order of Battel , and marched directly to the Place , where they saw the Smoak of the Fire ; the General denouncing a great Penalty on him , that without his leave , should stir from his Colours . Thus they wearied themselves till the Evening , and then mark'd out a Place for their Camp , in a Wood , near a certain River , and there they placed their Baggage and Carriages , which could not so swiftly follow the Flying Army . The next day , they marched in the same Order , and towards Evening , they were forced to abide in their Tents , which they had pitched , as conveniently as the Place would afford , that so the Draught-Horses , and the Foot , might receive a little Refreshment . There the Nobles came to the King , and deliberated , How they should bring the Scots to a Battel . The most Part were of Opinion , That the English Foot were never able to overtake the flying Horse of the Scots , and if they did , yet they could not compel them to Fight , but in those Places , which they themselves judged most Convenient : But because there was such a general Devastation , that they could not stay long in an Enemies Country ; they judged it best , to pass over the Tine , with all their Forces , and to intercept the Enemy in his Return home . And besides , the Country beyond the Tine was plainer and fitter to draw up an Army in , that so the whole Body of the Army might be put upon Service . This Opinion was approved , and a Command given to refresh Themselves , and to do it as silently as ever they could , That they might more easily hear the word of Command , and the sound of the Trumpets ; That so , leaving the Baggage behind , every one should carry a Loaf a piece ; and , as if the next day they were to fight the Enemy , they were to await the Event of Fortune ; so that their Bodies being refreshed from the weariness of the day before , a little after Midnight , they took up their Arms , and , in good order , begun their March ; But the Marishes and Hills , by which they were to pass , quickly made them to break their Ranks , and he , that could , led the Van ; the Rest followed their Steps , and their March was in such Disorder , that many Horse , and Carriage-Beasts , did either stick in the Mud , or else , did tumble down from steep Places , and oft times they cryed , To your Arms , and then all of them , in great Trepidation , ran to the Place from whence the Noise and Cry came , without any Order at all . But when they came to those that led the Van , they understood , That the Tumult was occasioned by a Multitude of Stags ; who , being rouzed out of the Heath , by the Noise of Men , and afraid to see them , ran up and down in great Confusion , amongst the Brigades . At last , about Evening , the Horse , but without the Foot , came to the Fords of Tine , over which the Scots had passed , and by which , they would return ( as they hoped ) and , at Sun-set , they Forded over ; the round and slippery Stones , which the River roles up and down , much incommoding their Horse . And besides , they were afflicted with another Inconvenience , They had , few or none of them , any Iron Tools to cut down Wood with ; so that , after they had marched Twenty Eight Miles , they were fain to lie in their Arms , that Night , on the bare Ground , holding their Horses Bridles , in one of their Hands ; for , they could not cut down Wood to make Tents , ( having brought none with them ) nor Huts , nor so much as Stakes to tye their Horses to . Early in the Morning , assoon as it was light , there fell such mighty showres of Rain , * that even small Brooks were hardly passable , by Man or Horse ; and also , they were inform'd by some Country Men , which they took , That the Neighbouring Country was so Barren and Desolate , That no Provision was to be had , nearer than Newcastle and Carlisle ; of which , one was Twenty Four , the other Thirty , Miles off . Thither they sent their Draught-Horses and Servants ; in the mean time , they made use of their Swords , to cut down Stakes to tye their Horses to ; and some Shrubs and small Trees to build them Huts , with the Leaves whereof they fed their Horses , and so , that Night , they were fain to Fast. Three Days after , they , that were sent to the Towns , returned with some small Provisions , which they brought along with them ; some Sutlers came also with them , with Bread and Wine , to make a Gain of ; but it was but little , and also , not Good ; yet , such as it was , the Soldiers were ready to fall out , Who should have it , first . Having thus passed Seven days , in great Want , and being also much molested with continual Showres , so that their Horse-Furniture was wet , and their Horses Backs did Ulcerate , and they themselves stood ( many of them ) Armed , Day and Night , in their wet Cloaths ; neither could they make any Fire , by reason , that the Wood was Green ; and besides , it was wetted by the Rain water ; The Eighth day , they resolved to repass the River at a more commodious Ford , Seven miles above the Place , where they were ; but there also the River was swoln by reason of the Showres , so that they were much incommoded , and some were drowned , in their passage . As soon as they had landed their Army upon the other side , a great Reward was proposed to him , Who could bring the first certain Tidings , Where the Scots were . The Two next Days , their March lying thrô desolate places , and ruined by late Fires , they had Forage enough for their Horses , but little Provision for Themselves . On the Fourth Day , One of the Fifteen young Men , who scouted out to bring News where the Scots lay , returned back , and informed them , That the Scots Army was about Three Miles distance from Theirs ; and that , for Eight Days last past , They had been as uncertain what became of the English , as the Engl●sh had been what became of Them. This he affirmed for Truth , as having been taken Prisoner by the Scots , and freed without Ransom , upon Condition , he would go tell his King , That , they would wait for his Coming in that Place ; and , That they were as willing to Fight , as He. Upon the Receipt of this Message , the King Commanded the Army to make an Halt , that Man and Horse might take some Refreshment , and so be ready for the last Encounter ; and thus , in Three Brigades , he marched slowly towards the Enemy . Assoon as they came in fight one of another , the Scots had so divided their Men into Three Batailions upon an Hill , that the Rocks and Precipices thereof secured them on the Right and Left , from whence , they might cast down Stones on the Enemy , if they endeavoured to come up to them . At the Foot of the Hill , the English had a rapid Torrent to pass , so full of Great and Round Stones , that they could not Ford over to their Enemy ; or , if they had so done , they could not Retreat without certain Ruin. The English , perceiving that they could not come at the Enemy , but with great disadvantage , pitched their Tents ; and sent an Herald at Arms to the Scots , advising them to come down into the Champion Country , to Fight for Glory and Empire by true Valour , in an open Plain : The Scots answered , That they would Fight for no bodies pleasure , but their own ; That they marched into England , to revenge the Injuries they had received ; if they had done any thing which did offend them , they had free Liberty to take their own Revenge . As for Themselves , they resolved to abide There , as long as they pleased ; and if their Enemy did attaque them , at his Peril be it . The next Three Days , their Camps being near , and Parties placed at the Fords , some slight Skirmishes passed betwixt them ; the Fourth Day , assoon as it was Light , the Watch brought Word , That the Scots had forsaken the Hill , on which they were ; whereupon , Scouts were sent out to bring certain News , and to follow them , if they had Retreated ; who brought word , That the Scots had pitched their Tents on another Hill by the same River , much more convenient for them than the First , where they had a Wood which secured their Ingress and Egress . The English , who hoped that they should Famish the Scots , ( who avoided Fighting ) in a Foreign Soil , being frustrated of their Expectation , followed them , and pitched their Tents on an opposite Hill. After they had abode there some Days , it was observed , That they grew more Negligent than formerly in their Night-watches ; either , because they undervalued the Scots , because of their Paucity , or else , because they meditated nothing , but Flight . Douglas took hold of the Opportunity , to attempt something , and passing over the River with 200 Select Horse , he entred the Enemies Camp , where , he saw , it was but slenderly Guarded . He had almost pierced to the King 's own Tent , where , cutting off the Cords , the Alarm being taken , he killed near 300 English in his Retreat , and brought his Men safely off ; After this , no Memorable Action happened , save , that the English , instructed by their own Loss , placed more careful Watches , in convenient Places . At last , it was told them by a Scot , whom they had taken Prisoner , That there was a Proclamation in that Camp , That , at the Third Watch , all should be ready to follow Douglas , whither-soever he should lead them . This Relation struck such a Terror into the Engl●sh , That , dividing their Army into Three Batailions , at a moderate Distance one from another , they stood all that Night in their Arms ; and their Servants held their Horses , Bridled , Sadled , and ready prepared , for whatever should happen in their Camp. And moreover , they placed strong Guards at all the Fords of the River . At last , towards Day , Two Scots Trumpeters were brought to the King , who told him , That the Scots were Commanded to returned home ; and if the English had a mind to revenge the Loss they had sustained , they must Follow them . Hereupon , the English called a Council of War , where it was resolved , That it was better to march back with the Army at present , than to follow such flying Stragglers , to the great vexation both of Horse and Man ; considering , they had lost more Men in this Expedition by Famine and Sickness , than might have fallen in a Set-Battel . When their Retreat was resolved upon , many of the English , either in hopes of Prey , which might be left behind in their hasty Retreat ; or else , desirous to understand something of their Enemies Affairs , went into their Camp , where they found about Five Hundred Deer , and especially Stags , already killed , ( of which sort , the English keep many , not only their Kings , but even many private Persons also , ) and also great Budgets , made of raw Skins , in which they boiled their Meat , and about Ten Thousand Snapsacks . Moreover , there were Two English Men , whose Legs were broken , but they were yet alive . All these things being Evidences of great Hardiness and Poverty , did confirm the goodness of their Advice , who were for marching the Army back . This Year , Walter Stuart , and Queen Elizabeth , died , one the Son in Law , the other , Wife to the King : Besides , the Castles of Alnewick and Norham were besieged by the Scots , but ▪ without Success : Preys were also driven out of Northumberland . In March , Ambassadors came from England , to treat of a perpetual Peace , and a Truce was made for Three Years . The next Year , which was 1328. the English held a Parliament at Northampton , the Eighth of the Calends of Iuly , wherein all the Orders of Estates agreed to a Peace with the Scots upon these Terms ; That the English should renounce all Right , which they , or their Ancestors , pretended to have to the Crown of Scotland ; and , That they should leave That Kingdom as Free , as it was at the Death of Alexander the Third ; and , That they should be Subject to no External Yoke of Servitude ; and , on the other side , the Scots were to surrender up all the Lands , they sometimes held in England , as Feudataries ; That Cumberland and Northumberland , as far as Stanmore , should be Boundaries to the Scots ; That David , the Son of Robert , should take to Wife Ioan , the Sister of Henry ; That the English should faithfully return all Pacts , Bonds , and Writings , or any other Monuments of Subjection , into the Hands of the Scots , and should disanul them , for the future ; That the Scots , for the Damage which they had lately done the English King , and for the Lands which his Father and Grandfather had given to his Favourites in Scotland , should pay him Thirty thousand Marks of Silver . Both Kings had their proper Reasons , why they consented , so easily , to these Conditions . The English King , having wasted his Treasure , and having been put to an Ignominious Flight , and thereby lessened in the Eyes of his own Subjects , as well as of his Enemies , thereupon was afraid , That some Domestick Sedition would arise , and then a Warlike Enemy , pufft up with his late Success , should come on his Flank , and thereby mightily endamage his Kingdom . And Robert , being broken with Old Age , Toil , and Diseases , ( for , a little before his death , he fell into a Leprosy ) having also been long exercised with the events of both Fortunes , good and bad , resolved , if he could , to give up himself to his Ease ; and not only so , but to provide for the Tranquillity of his Heirs , in regard of their infirm and tender Age. And therefore , having settled Peace abroad , he turned himself wholly to settle Matters at home . When the Marriage of his Son was magnificently celebrated , he , perceiving the end of his Life to be near at hand , composed himself almost into the Habit of a private Man , ( for some years before , all the Grand Affairs of State had been managed by Thomas Randolph , and Iames Douglas ) and lived in a small House at Cardross , ( a place divided from Dumbritton by the River Levin ) and kept himself , but in case of great Necessity , from the Concourse of People . Thither he called some of his Friends , a little before his Death , and made his Will. He confirmed those to be his Heirs , which were so declared by the Convention of Estates . First , David his Son , being eight year old ; next , Robert his Nephew by his Daughter ; he commended them to his Nobles , and especially to Thoma● Randolph , his Sisters Son , and Iames Douglas . Afterward , he settled his Houshold Affairs , and exhorted them all to Concord amongst themselves , and to observance of Allegiance to their King ; if they did so , he would assure them to be unconquerable by a Foreign Power . Moreover , he is reported to have added Three Commands , or , if you will , Counsels ; First , That they should never make any one Man , Lord of the Aebudae Islands ; Next , That they should never fight the English , with all their Force , at one time ; and Thirdly , That they should never make with them a Perpetual League . In Explicating his First Advice , he discoursed much concerning the Number , Bigness , and Power of the Islands , and concerning the Multitude , Fierceness , and Hardiness of their Inhabitants ; They , with Ships , Such as they were , yet not inconvenient for those Coasts , coping with Men unskill'd in Marine Affairs , might do a great deal of Mischief to others , but receive little Damage , themselves : And therefore , Governors were Yearly to be sent thither , to administer Justice amongst them , by Officers , who should not be continued long in their Places , neither . His Second Advice concerning the English , stood upon this Foot , Because the English , as inhabiting a better Country , did exceed the Scots in Number of Men , Money , and all other Warlike Preparations ; and by reason of these Conveniencies , they were more accustomed to their Ease , and not so patient of Labour or Hardship : On the other side , the Scots were bred in an hardier Soil , and were , by reason of their Parsimony and continual Exercise , of a more healthy Constitution of Body ; and , by the very manner of their Education , made more capable to endure all Military Toil ; and therefore , That they were fitter for suddain and occasional Assaults , so to weaken and weary out their Enemy , by degrees , than to venture all at once in a pitch'd Battel . His Third Advice was grounded upon this Reason , Because , if the Scots should have a long Peace with the English , ( having no other Enemy besides them to exercise their Arms upon ) they would grow Lazy , Luxurious , and so easily become Slothful , Voluptuous , Effeminate , and Weak . As for the English , though they had Peace with the Scots , yet France was near them , which kept their Arms in ure ; If then , those who are skilful in Warlike Affairs should cope with the Scots , thus grown unskilful and sluggish , they might promise to themselves an assured Victory . Moreover , he commended to Iames Douglas the Performance of the Vow , which he had made , which was , to go over into Syria , and to undertake the Cause of Christendom in the Holy War , against the Common Enemy thereof . And , because he himself , by reason of his Home-bred Seditions ; or else , being broken with Age and Diseases , could not perform the Vow himself , he earnestly desired , That Douglas would carry his Heart , after he was deceased , to Jerusalem , that it might be buried there . Douglas looked upon This as an Honourable Imployment , and as an eminent Testimony of the Kings Favour towards him ; and , therefore , the next Year , after the Kings Death , with a good Brigade of Noble young Men , he prepared for his Voyage . But , being upon the Coasts of Spain , he heard , That the King of Arragon managed a fierce War against the same Enemy , with which he was to fight in Syria ; and , thinking with himself , that it mattered not in what Place he assisted in the Cause of Christianity , he Landed his Men , and joined himself with the Spaniard ; where , after many prosperous Fights , at last , despising the Enemy as a weak and fugitive one , he thought to attempt something against him with his own Men , and so rushing unadvisedly on the Army of the Sarazens , he was , by them , drawn into an Ambush , wherein he and most part of his Men were slain . His chief Friends that perished with him , were , William Sinclare , and Robert Logan . This happened the next year after the Kings Death , which was 1330. To be short , Robert Bruce , was , certainly , a most Illustrious Person , every way , and he can hardly be parallelled for his Virtues and Valour , even in the most Heroick Times ; for , as he was very Valiant in War , so , he was most Just and Temperate , in Peace ; and , though his unhoped for Successes , and ( after that Fortune was once satiated , or rather wearied , with his Miseries ) a continual course of perpetuated Victory did highly Ennoble him ; yet , to me , he seemed to have been more Glorious in his Adversities . For , What a strong Heart was That , which was not broken , no , nor yet weakened , by so many Miseries as brake in upon him , all at once ? Whose Constancy would it not have tried , to have his Wife a Prisoner , and to have his Four Valiant Brothers , cruelly put to Death ? And his Friends , at the same time , vexed with all kind of Calamities ; and they , which escaped with their Lives , were Exiled , and lost all their Estates : As for himself , he was outed not only of a large Patrimony , but of a Kingdom too , by the powerfullest King of those Times , and one , who was most ready , both for Advice and Action . Though he were beset with all these Evils , at one time ; yea , and brought into the extreamest Want ; yet , he never doubted of recovering the Kingdom . Neither did he ever do , or say , any thing , which was unbecoming a Royal Spirit . He did not do , as Cato the Younger , and Marcus Brutus , who laid violent Hands on themselves ; neither did he , as Marius , incensed by his Sufferings , let loose the Reins of Hatred and Passion , against his Enemies ; but when he had recovered his Ancient State and Kingdom , he so carried it towards them , who had put him to so much Hardship and Trouble , That he seemed rather to Remember , that he was now their King , than that he had been sometimes their Enemy . And even , a little before his Death , though a great Disease made an addition to the Trouble of his Old Age ; yet , he was so much Himself , as to confirm the Present State of the Kingdom ; yea , and to consult the quiet of his Posterity . So that , when he died , all Men bewailed him , as being deprived , not only of a Just King , but of a Loving Father , too . He departed this Life , the Seventh of the Ides of Iuly , in the Year of Christ 1329. and of his Reign the Twenty Fourth . The Ninth BOOK . THE Nobles of Scotland , having performed the Funeral Obsequies for the late King , assoon as they could conveniently , did Indict a Convention of the Estates , for the Electing of a Regent ; where the Inclinations of the Publick easily pitched on Thomas Randolf , Earl of Murray ; for , even in the Kings Life Time , he had , for some Years , managed that Office , and the King at his Death had also Recommended him to the People , by his last Will and Testament . David II. The Ninety Eighth King. THE Coronation of the King was deferred till the Eighth of the Calends of December , the next Year following ; that so , by the Permission of the Pope , he might be Anointed , and that new Ceremony be performed more Augustly , amongst the Scots . Assoon as the Regent was chosen , he first of all ratified the Peace , made with the English ; afterward , he applied his Mind to settle quiet at home , and to suppress publick Robberies . In order whereto , he kept a strong Guard of Armed Men about him , which were ready on all Occasions ; so that when News was brought him , as he was going to * Wigton , ( which is a Town in Galway ) that there was a strong Band of Thieves , who beset the Highways , and robbed Travellers in that Country ; he sent out his Guard against them , even as he was in his Progress , who took them every Man ; whom he caused to be put to Death . He was Inexorable against all Murderers , so that he caused a certain Man to be apprehended , who had obtained the Popes Bull of Pardon for his Offence , and thereupon thought himself secure , to be apprehended , alledging , That the Pope might Pardon the Soul-Guilt , but the Body-Punishment belonged to the King. To prevent Robberies , which were yet too frequently committed , by reason of the remaining Contagion of the Wars , he made a Law , That the Country Men should leave their Iron Tools , and Plough-Gear , in the Field , all Night , and that they should not shut their Houses , nor Stalls . If any thing were stollen , the Loss was to be repaired by the Sheriff of the County ; and the Sheriff was to be reimbursed by the King ; and the King was to be satisfied out of the Estates of the Thieves , when they were taken . There was one Country Man , either over-greedy of Gain ; or else , judging that Caution to be Vain and Frivolous , who hid his Plough Iron in the Field , and came to the Sheriff to demand Satisfaction , as if it had been stollen ; the Sheriff paid him presently , but inquiring further into the Matter , and finding , that he was the Author of the Theft , himself ; he caused him to be Hanged , and his ●oods to be Confiscate : He restrained the loose Pack of Drolling Vagabonds and Minstrellers , from wandring up and down the Country , under most grievous Penalties . If any one assaulted a Travellor , or any Publick Officer in performing his Office , he made it Lawful for any Body to Kill him . So that when Thirty Assailants had been slain by the Companions of a certain Publick Minister at a Village called * Halydon , he pronounced , That the Fact was just , and Indemnified the Committers of it . This Domestick Severi●y made him Formidable to flagitious Persons , at home ; as his Valour did to his Enemies , abroad . And therefore the English , who , upon Roberts death , watched all Occasions to revenge themselves , perceiving , That they could attempt nothing by open Force , as long as Randolph was living , turned their Thoughts to secret Fraud and Stratagem . The speediest Way to be rid of their Enemy seemed to be , by Poysoning him ; Neither wanted there a fit Minister to attempt it ; which was a certain Monk , of that Class , which are idly brought up , and , for want of Masters to teach them better , they do many times pervert Good Wits to Evil Arts and Practices : There were Two Professions joyned in him , viz. Monkship , and the Profession of Physick ; the First seemed proper to gain him Admittance ; the Second rendred him fit to perpetrate the Wickedness . Hereupon , he comes into Scotland , giving out in all Places , That , as he had Skil in all other Parts of Physick , so especially in curing the Stone ; by which means , he obtained an easy Access to the Regent ; and , being employed to cure him , he mixed a Slow-working Poyson with his Medicine ; and then , taking a few Days Provision with him , he returned again into England , as if he had gone only to get and prepare more Drugs and Medicines . There he makes a Solemn Asseveration before Edward , That Randolf would dye , by such a certain day . In Hopes whereof , Edward levied a great Army , and marching to the Borders , found there as great an Army of Scots , ready to receive him , not far from his Camp ; whereupon , he sent a Trumpeter to them , upon Pretence to demand Reparation for Damages ; but , he was enjoyned to inquire , Who commanded the Scots Forces ? Randolph , his Disease growing on , and the Monk not returning at the Day appointed , suspected all things for the worse , and therefore , dissembling his Grief , as much as he could , he sate in a Chair before his Tent , Royally apparelled , and gave Answer to the Demands of the Herald of Arms , as if he had been a man perfectly Healthy and Sound . The Herald , at his Return acquainted the King with what he had seen and heard ; so that the Monk was punished , as a Lying Cheat ; and Edward marched back his Army , only leaving a Guard on the Borders , to prevent Incursions . Randolph also was hindred from marching forward , by the Violence of his Disease , but returning he disbanded his Army , and at Musselborough , about Four Miles from Edinburgh , departed this Life , in the year of our Salvation 1331. and the 13th of the Calends of August , having managed the Regency Two years after Robert's death . He was a Man no whit Inferiour to any of our Scotish Kings in Valour and Skill in Military Affairs , but far Superiour to them in the Arts and Knacks of Peace . He left Two Sons behind him , Thomas and I●hn , Both worthy of so great a Father . When Randolf , Guardian of the Kingdom ( for so they then called him ) was dead , Duncan Earl of Marr was chosen in his Place , the 4th of the Nones of August . The King being then Ten year old , on which very Day a sad Message was brought to Court , That the day before the Calends of that Month , Edward Baliol was seen in the Firth of Forth , with a Navy very Numerous . To make all things more plain concerning his coming , I must go a little back . When King Robert died , there was one * Laurence Twine , an English man , of the Number of Those , who , having received Lands in Scotland , as a Reward of their Military Service , dwelt there . He was of a Good Family , but of a Wicked Life : He , conceiving Hope of greater Liberty , upon the Death of One King , and the Immature Age of Another , gave himself up , more licentiously , to unlawful Pleasures ; so that , being often found in Adultery , and admonished by the Judge of the Ecclesiastical Court ; yet , not desisting , he was at last Excommunicated by the Official ( as they call him ) of the Bishop of Glasgow . Whereupon , he , as if he had received a grat deal of Wrong , way-laid the Judge , as he was going to Air , and kept him so long a Prisoner , until , upon the Payment of a Sum of Money , he had absolved him . Twine , being informed , That Iames Douglas was extremely angry with him for this Fact , and that he sought for him to have him punished ; for Fear of his Power , he fled into France , and there he addressed himself to Edward Baliol , Son to Iohn , ( who had been King of Scotland , some few years ) informing him of the State of Affairs in Scotland ; and withal , advising him , by no means , to omit so fair an Opportunity of recovering his Fathers Kingdom . For , ( said he ) Their King was now but a Child , and he had many Enemies about him , and readier to be Avengers of the hatred towards his Father , than his Friends ; The Fathers of some were slain in a publick Convention at Perth , others were banished , and lost their Estates ; others were mulct with the Loss of a great part of of their Lands ; and besides , many of the English race , who were deprived of the Lands given them by his Father , would be his Companions in the Expedition ; yea , that there were Men enough , needy and criminal , who , either for hope of gain , or to avoid the punishment of the Law , being desirous of Change and Innovation , wanted nothing but a Leader to begin a Disturbance . And moreover , Iames Douglas being killed in Spain , and Randolf by reason of his Sickness , being unfit for the Government , there was not a Man besides , to whose Authority the giddy and disagreeing Multitude would as soon submit , as to His. Baliol knew , That what he had spoken was , for the most part , true , and hearing also , that Edward of England was sending great Forces into Scotland ; Thereupon the crafty Impostor easily persuaded Him , who of himself was desirous of Empire and Glory , to get what Ships he could together , and so to bear a Part in that Expedition . But , before the coming of Baliol into England , Edward had disbanded his Army . Nevertheless , ●he exiled Scots , and those English , who had been dispossessed of their Lands in Scotland flocked in to him , and so he made up no inconsiderable Army . Some say , That he had but 600 men accompanying him in so great an Attempt , which seems not very probable . I rather think , Their Speech is more agreeable to Truth , who write , That the English assisted him with 6000 Foot. And they were all more encouraged in their designed Expedition , when they heard , That Randolf was dead , whilst they were making their Preparations ; for that mightily erected their Minds , as a good Omen of their Future Success . With this Navy , he came to * Kinghorn and there Landed his Naval Forces in the Calends of August . The Land Forces were led by David Cumins , heretofore , Earl of Athol , as also by Mowbray and Beaumont ; and the Forces of the English , by Talbot . At the News of the arrival of this Fleet , Alexander Seaton , a Nobleman , who happened to be in those Parts at that time , strove to oppose them , thinking , that , upon their disorderly Landing , some Opportunity of Service might be Offered ; but , in regard few of the Country came in to him , he and most of his men were cut off . Baliol allowed some Few Days to his Soldiers to refresh themselves after their troublesome Voyage ; and then marched directly towards Perth , and pitched his Tents by the Water-Mills , not far from the Water of Earn . The Regent was beyond , and Patrick Dunbar on this side , the River , each of them with Great Forces , their Camps being five miles distant one from another . Baliol , thô , upon the Coming in of Many to him on the bruit of his good Success , he made up an Army of above Ten thousand men ; yet , being between Two Armies of his Enemies , and fearing to be crushed in the midst , he thought it best to attack them severally , and that on a sudden , when they least expected any such thing ; and he resolved to set upon Marr , the Regent , first ; because , it was likely , That he , being most remote from his Enemy , would be less watchful , and so more liable to a surprize . He got Andrew Murray of Tullibardin to be hi● Guide , who , not daring to joyn himself openly with the English , in the Night , fastned and stuck up a Pole , or Stake , in the River where it was Fordable , to shew Baliol's men the Way over : They , being covered with the Woods , which grew on the other Side the River , came near the Enemy before they were aware ; where they understood , That they kept but a thin Watch , and slender Guard , and passed the Night as in no Expectation of an Enemy at all ; upon the Account of this their Negligence , they marched by their Camp , in great Silence , thinking to make an Assault on the adverse part thereof , where , they supposed , they should find them more secure . But it happened , That , in that Part where they presumed the greatest negligence was , That Thomas Randolf , Earl of Murray ; Robert Bruce , Earl of Carrick ; Murdo , Earl of Monteath ; and Alexander Frazer kept the Guard , and Watch. They , gathering a lusty Band of their Friends together , received the First Charge and Onset of the Enemy very Valiantly , upon the Edge of a Ditch , which the falling down of the Rain-Water had made . In the mean time , a great Noise and Tumult was made in the Camp , each one hastening to his Arms , and running in to the Conflict , but rushing in rashly in no Order , and without their Colours , first they broke the Ranks of their own men , who bore the Brunt of the Baliolans , and so the Last push'd on the First , who falling into the Ditch , they also , in a ruinous manner , foll down upon them ; There many were slain by the Enemy , but more , both of Horse and Men , pressed to death by their ●all ; and the most part were so weakened , that they had hardly strength enough left , either to Fight or Fly. There fell of the Scots 3000 ; many of those , that escaped , fled to Perth , but they being few , and generally without Arms , or Guides , were easily taken by the pursuing English , together with the City itself . The next Day , Dumbar , hearing of the overthrow of the other Army , and that Perth was taken , and being informed also , of the Paucity of the English , marched directly towards the Town , with an intent to Besiege it , and destroy the Enemy whilst they were yet in want of all things ; but the Matter being debated amongst his Chief Commanders , each one excused himself , and so they departed , without effecting any thing . Baliol , having performed so great Matters in so short a time , even beyond his Hope , was encouraged to attempt the rest of the Scots , either to win them by Favour , or to conquer them by Force . And there being such a mighty concourse of People made to him , he now thought it seasonable to Declare Himself , King. That Advice was safer to him , because the greatest part of the Slaughter had fallen upon the Families , adjoyning to Perth . For there were slain in the Battel , besides the Regent , Robert Keith , with a great number of his Kindred and Tenants . There fell Eighty of the Family of the Lindseys , and amongst them , Alexander the chief of the Sept. The Name of the Hays would have been quite extinguished in this Fight , if William , the Chief of the Family , had not left his Wife big with Child , behind him . Moreover , Thomas Randolfe , Robert Bruce , Murdo , Earl of Monteath , William Sinclare , Bishop of the Caledonians , and Duncan Macduff , Earl of Fife , made Prisoners by him , and being thus in such a desperate Posture , were enforced to take an Oath of Obedience to him . Baliol , The Eighty Ninth King. HEreupon Baliol , trusting to his present Fortune , went to the Neighbouring Abby of Scone , and there entred upon the Kingdom , in the Year of our Lord , 1332. the Eighth of the Calends of September . By this Wound and Loss , the Power of David Bruce was much weakened in Scotland ; yet his Friends , not broken in their Spirits , by this Calamity , took care to secure him from the danger of War ; he not being yet fit to manage the Government ; and therefore they sent him and his Wife to his Fathers Friend , Philip , King of France , to be there out of Harms way ; In the mean time , they prepare themselves for all hazards , being resolved to Dye Honourably , or else to restore their Country to its former State. And First of all , they set up Andrew Murray , an Eminent Person , Son of the Sister of Robert Bruce , as Regent , in the place of Duncan , then they sent Messengers into all parts of the Kingdom , partly to confirm and fix their old Friends , and partly to spur up the more Remiss to Thoughts of Revenging their wrongs . The ●irst , who took Arms , as being excited by their Grief for the loss of their Parents and Kindred at Duplin , were Robert Keith , Iames and Simon Frazer , who , about the Autumnal Aequinox , besieged Perth ; the Siege lasted longer than they expected , yet in Three Months they took it . Macduff , Earl of Fife , who held the Town for Baliol , was sent Prisoner with his Wife and Children to Kildrum , a Castle in Marr ; Andrew Murray , of Tullibardin , who discovered the Ford over the River Earn to the English , was put to death . The Black Bock of Pasley says , That the Walls of the Town were demolished , which seems more probable to me , than that it should be made a Garison , as others write , especially , in so great a want of Faithful Friends , and Soldiers . At the same time , Baliol was at Annandale , very busie in receiving the Homage of the Nobles , who were so much surprized and astonished at the suddain Mutation of Things , That even Alexander Bruce , Lord of Carrick and Galway , despairing of the Retrieve of his Kinsman David's Affairs , came in to him . After this prosperous Success , he despised his Enemy , and grew more negligent and regardless of him . When the Regent heard thereof by his Spyes , he sent Archibald Douglas , Brother to Iames , who was lost in Spain , That , if there were any Opportunity for Action , he should lay hold upon it . He took with him William Douglas , Earl of Liddisdale ; Iohn Randolfe , the Son of Thomas , and Simon Frazer , with a Thousand Horse ; and so came to Maufet ; where having sent out Scouts , to see that the Coast was clear , he marched in the Night , and set upon Baliol , as he was asleep , and put his Army into so great a Fright and Consternation , that Baliol himself , half Naked , was fain to get upon an Horse , neither Bridled nor Sadled , and so fled away ; many of his Intimate Friends were slain . Alexander Bruce was taken Prisoner , and obtained his Pardon , by the means of his Kinsman , Iohn Randolfe . Henry Baliol got great Credit that day , by his Valour , amongst both Parties , who , in so confused a Flight , defended some of his Men , whom their persuers pressed upon , he wounded many , and killed some of his Enemies , and at last was slain , Fighting valiantly . There fell also the Chief of the English Faction , Iohn Mowbray , Walter Cumins , and Richard Kirke . These Things were acted the Eighth of the Calends of Ianuary , in the Year 1332. The Brucian Party were somewhat relieved by these Successes , so that they came in great Numbers to Andrew Murray , the Regent , to consult about the main Chance . They made no doubt , but that Baliol fought the Kingdom , not for himself , but for the English ; by whom he was guided and influenced in every thing . Wherefore they resolved to Declare the King of England their Enemy ; and accordingly , they prepared all things necessary for the War , with great Diligence , as against a very powerful Enemy . They made the Garison of Berwick very strong , for , they thought , the English would Assault That , first . They made Alexander Seton a worthy Knight , Governour of the Town , and Patrick Dunbar , of the Castle , and the adjoyning Precincts . William Douglas , Earl of Liddisdale , whose Valour and Prudence was highly commended in those Times , was sent into Annandale , to defend the Western Coasts : Andrew Murray went to Roxburgh , where Baliol kept himself . Thus their several Governments being distributed at home , Iohn Randolfe was sent into France to visit David , and to make an Address to Philip of France , informing him of the State of Scotland , and desiring some Aid from him , against the Common Enemy . Murray , at his coming to Roxburgh , had a sharp encounter with Baliol , at a Bridge without the City ; and whilst he pressed too eagerly after the English , who were retreating over the Bridge into the Town , he was intercepted from his Men , and taken Prisoner ; whereby a Victory , almost quite obtained , slipt out of his hands . At the same time , in a contrary Province , William Douglas of Liddisdale , in a Fight with the English , was wounded and made Prisoner , whose Disaster so troubled his Men , that they also were put to flight . This Inconstancy and Variableness of Fortune divided Scotland again into Two Factions , even as Love , Hatred , Hope , Fear , or each Man 's private Concern , inclined him . The King of England , presuming , That , by reason of these Dissensions , he had a fit opportunity to seize upon Scotland , received Baliol into his Protection , ( for he was too weak to support himself by his own Strength ) and took an Oath of Obedience from him ; yea , nothing regarding his Right of Affinity with Bruce , nor reverencing the Sanctity of Leagues , nor the Religion of an Oath , so that he might satisfie his immoderate Ambition ; he , at once , denounced , and also made , War on the Scots , at that time , destitute of a King , and also at variance amongst themselves . And to give a colourable Pretence of Justice to his War , he sent Embassadors to demand Berwick , which Town his Father and Grandfather had held many Years , and he presently followed with an Army . The Scots answered the Ambassadors , That Berwick always belonged to Scotland , till his Grandfather , Edward , had injuriously seized upon it . At length , when Robert Bruce , their last King , had recovered the rest of Scotland , he took away that Town from Edward , ( Father of him , who now requires the Reddition of it ) and reduced it unto its Ancient Rightful Possessor , and Form of Government ; yea , not long ago , Edward himself , by the Advice of his Parliament , had renounced all Right , which He or his Ancestors might pretend to have over all Scotland in general , or any of the Towns and Places therein , in particular . From that time , they were not Conscious to themselves , That they had acted any thing against the League so solemnly Sworn to , and confirmed by Alliance of a Marriage ; Why then , within the compass of a few Years , were they assaulted by secret Fraud , and by open War ? These things being so , they desired the Embassadors to incline the Mind of their King to Equity , and that he would not watch his Opportunity to Injure and Prejudice a young King in his absence , who was both Innocent , and also his own Sisters Husband ; As for Themselves , they would refuse no Conditions of Peace , provided , they were Honourable ; but , if he threatened them with an unjust Force , then , according to the Tutelage of the King , committed to them , they resolved rather to dye a Noble Death , than to consent to a Peace , prejudicial to Themselves , or the Kingdom . This was the Answer of the Council of Scotland . But the King of England sought not Peace , but Victory ; and , therefore , having encreased his great Army with Foreign Aid also , he besieged Berwick by Sea and Land , neither did he omit any thing , which might Contribute to the Taking of it ; for , having a Multitude of Men , he gave his Enemy no rest , Night nor Day : Neither were the Besiegers behind hand with them , but Valorously Sallied out upon them , every day . They threw Fire into their Ships , which Anchored in the River , and burnt many of them . In which Skirmish , William Seaton , the Governors Bastard-Son , was lost , much lamented by all , for his singular Valour . For , whilst he endeavoured to leap into an English Ship , his own being driven too far off by the Waves , he fell into the Sea , neither , in that Exigent , could any Relief come to him . And besides , another Son of Alexanders begot on his Lawful Wife , who , out of eagerness to fight proceeded too far in a Sally , was taken by the English. But the Siege , which was begun in the Ides of April , had now lasted Three Months ; * and the Defendants , besides their Toil and Watchings , were also in great want of Provisions ; so that they seemed hardly able to hold out the Town any longer , but made an Agreement with the English , That , unless they were relieved by the Third of the Calends of August , they would surrender up the Place ; And for this , Thomas , Alexanders Eldest Son , was given in Hostage . Whilst these things were acting at Berwick , the Scots Indicted an Assembly , to consult about their Affairs ; and , in regard the Regent was Prisoner at Roxburgh , that they might not be without a General , they chose Archibald Douglas , Captain-General ; they also Voted , That he should have an Army to march into England , that so , by Foraging the Neighbouring Countrys , he might draw off the King of England from the Siege . Douglas , according to this Order and Decree , marched towards England ; but hearing of the Agreement , which Alexander had made , he changed his Mind ; and , thô against the Advice of his most prudent Commanders , he marched directly towards the English , and on the Eve of Mary Magdalen , came in Sight of them ; and was beheld both by Friends and Enemies . The King of England , tho' the Day was not come , wherein it was agreed , That the Town should be surrendred , yet , when he saw the Scots Forces so near , he sent an Herald into the Town , to acquaint the Governor , That unless he presently Surrendred up his Garison , he would put his Son Thomas to Death ; The Governor alleging , That the Day appointed for the Surrender was not yet come , and that he had given his Faith to stay , till the time allowed by their Paction was expired , but all was in Vain . Hereupon Love , Piety , Fear , and Duty towards his Country did variously exercise his Paternal and Afflicted Mind ; and the English , to drive the Terror more home , had set up a Gallows in a Place , easily visible to the Besieged , whither he caused the Governors Two Sons , One the Hostage , the Other a Prisoner of War , to be brought forth to Execution . At this miserable Spectacle , his Fatherly mind was at a great stand ; and in this Fluctuation of his Thoughts , his Wife , the Mother of the Young Men , a Woman of a Manly Courage , came to him , and put him in mind of his Faithfulness towards his King , his Love towards his Country , and the Dignity of his Noble Family , upon all which grounds , she endeavoured to settle his wavering Mind . If these Children be put to Death , ( said she ) you have others remaining alive ; and besides , we are neither of us past Age , You to beget , and I to bear , more . If they escape Death , yet it will not be long , but that by some sudden Casualty , or else by maturity of Age , they must yield to Fate ; but if any Blot of Infamy should stick upon the Family of the Seatons , it would remain to all Posterity ; and be a foul Blur even to their Innocent Offspring ; She further told him , That she had often heard those Men much commended , in the Discourses of the Wise , who had given up Themselves and their Children , as a Sacrifice for the safety of their Country ; but , if he should give up the Town committed to his Trust , he would betray his Country , and , yet be never the more certain of his Childrens Lives , neither ; For , how could he hope , That a Tyrant , who violated his Faith Now , would stand to his Word , for the Future ? And therefore , she entreated him not to prefer an Vncertainty , and ( if it should be obtained ) a Momentany , Convenience , before a certain and perpetual Ignominy . By this Discourse , she somewhat settled his Mind , and that he might not Behold so dismal a Spectacle , she carried him to another Place , from whence it could not be seen . The English King , after this Punishment inflicted , which was not very acceptable neither to some of his own men , removed his Camp to Halidon-Hill , near Berwick , and there waits his Enemies coming . Douglas , who before would not hearken to the Advice of his Grave Counsellors , as to the Foraging of the English Counties , and , so averting the Siege , now was inflamed with raging Wrath ; and withal presuming , That , if after the Perpetration of so horrible a Wickedness , almost before his Eyes , he should draw off without Fighting , it might be said , That he was afraid of his Enemy , was resolved to fight at any rate , and so marched directly towards the Enemy ; and , because the English kept their Ground , and would not come down into the Champion , he placed all the Scots Army on a contrary Part of the Hill. This his rash Counsel and Project had the like Event , for , as with great Difficulty they were getting up the Hill , the Enemy with their Darts , and the hurling down of Stones , did wound them very sore , before they came to handy Blows ; and when they came near , they rushed upon them in such close Bodies , that they tumbled them headlong over the steep Precipices . There fell that day about Ten , some say , Fourteen , Thousand of the Scots ; almost all such , who escaped out of the unhappy Battel of Duplin , were lost here . The chief of them , whose Names are recorded , were , Archibald himself , the General , Iames , Iohn ▪ and Alan , Stuarts , Uncles to Robert , who Reigned next after the Brucians . Hugh , Kenneth , and Alexander Bruce , the several and respective Earls of Ross , Sutherland , and Carr●ck ; Andrew , Iohn , and Simon , three Brothers of the Frazers . This Overthrow of the Scots happened on St. Mary Magdalens Day , in the Year 1333. After this Fight , all Relief was despaired of ; so that Alexander Seaton surrendred up the Town to the English , and Patrick Dunbar the Castle ▪ upon Condition , to march out with all their Goods ; Both of them were forced to Swear Fealty to the English ; and Patrick Dunbar was further enjoyned to Re-edifie the Castle of Dunbar , at his own Charge , which he had demolished , that it might not be a Receptacle to the English. Edward , having staid there a few days , Commended the Town and the Reliques of the War , to Baliol ; and he himself , retired into his own Kingdom , leaving Edward Talbot in Scotland , a Noble Person , and very Prudent , with a few English Forces , to assist Baliol in subduing the rest of Scotland : And indeed , it seemed no great Task so to do , in regard , that almost all the Nobility were Extinct ; and of those few that remained , some came in to the Conqueror , others retired either into Desert , or else , Fortified , Places . The Garisons , which remained Faithful to David , were very few ; as , on this side the Forth , an Island in a Lough , whence the River Down flows , scarce big enough to bear a moderate Castle ; and Dumbritton beyond the Forth , a Castle scituate in Lough Levin ; and also Kildrummy and Vrchart . The next Year , Ambassadors came from the Pope , and from Philip , King of France , to end the disputes between the Kings of Britain . The English were so puft up with the prosperous course of their Affairs , that the King would not so much as admit the Ambassadors into his Presence ; for , he thought , That , the Hearts of the Scots were so cowed , and their strength so broken , That for the future , they durst not , neither were they able again , to Rebel . But this great Tranquillity was soon changed into a most grievous War , and that , upon a very light Occasion , where it was least expected , viz. Upon a Discord arising amongst the English themselves , at Perth . Iames Mowbray had Lands given to his Ancestors in Scotland , by Edward the First ; but they being lost by the various Changes of the Times , he recovered them again , when Edward Baliol was King. He dying without Issue Male , Alexander , their Uncle , Commenced a Suit against his Daughters , for those Lands : Those of the English Faction , that maintained the Cause of the Females , were , Henry Beaumont , who had Married one of them ; also , Richard Talbot , and David Cumins , Earl of Athol . Baliol took Alexanders part , and decided , or adjudged , the Lands to him , which so offended his Adversaries , that they openly complained of the Injustice of the Decree ; and seeing , that Complaints availed nothing , they left the Court , and went every one to his own home . Talbot was going for England ; but , being apprehended , was carried to Dunbarton . Beaumont Garisoned * Dundury , a strong Castle of Buchan , and took Possession not only of the Lands which were in Controversie , but also of all the Neighbouring Country . Cumins went into Athol , where he fortified some convenient Places , and prepared to defend himself by force , if he were attacked . Baliol , being afraid of this Conspiracy of such Potent Persons , altered his Decree , and gave the Lands in Question to Beaumont ; he also reconciled Cumins , by giving him many Fertile Lands , which belonged to Robert Stuart , the next King. Alexander , being concerned at this injurious Affront , joyns himself with Andrew Murray , Regent of the Scots , who had lately Ransomed himself from the English for a great Sum of Money . These things were acted at several times , yet I have put them together , that the whole course of my History might not be interrupted . In the mean time , Baliol , in another part of the Country , attacked all the Forts about Renfrew ; some he took , others he battered down and demolished . Having settled Matters there , according to his own Mind , he Sailed over into the Island Bote , and there fortified the Castle of Rothsay , of which he made Alan Lisle Governour , whom he had before made Chief Iustice , for Matters of Law. He diligently sought after Robert Stuart , his Nephew , or Grandchild , to put him to Death ; but he , by the help of William Heriot , and Iohn Gilbert , was wafted over in a small Vessel , into the Continent , on the other side , where Horses stood ready for him , which carried him to Dunbarton , to Malcolm Fleming , Governour of that Castle . Baliol having setled things at Bote , at his return , took Dun●oon , a Castle seated in Coval , the Neighbouring Continent ; whereupon , the Nobility of the Vicinage were struck with so great Fear , that they almost all submitted to him . Marching from thence , the next Spring , he bent all his care to besiege the Castle of Lough Levin ; but this project seeming too slow , he left Iohn Sterlin , a powerful Knight of his Party , to besiege the Castle , to whom he joyned Michael Arnold , David Weemes , and Richard Melvin , with part of his Army . They built a Fort over against it , where the passage was narrowest , and having in vain tried all ways to subdue it by force , Alan * Wepont , and Iames Lambin , Inhabitants of St. Andrews , making such a vigorous Resistance , at length , they endeavoured to drown it , by stopping up the passage of the River ; for the River Levin goes out from the Lake , or Loch , with a narrow Girt or Neck , and an open Rock . This Place they essayed to stop up , by making a Wall , or Bank of Stones , and Turfs , heaped upon one another ; but the Work proceeded on very slowly , because , as the Heat did incommode the Labourers , so the Brooks , which flowed into the Lake , were then almost dry ; and the Water being far spread abroad , received an increase by moderate Additions . By this means , the Siege was lengthned out to the Month of Iuly , when there was an Holy Day kept in Remembrance of St. Margaret , heretofore Queen of Scotland , on which day there used to be a great Concourse of Merchants at Dumferlin , where the Body of that Saint is reported to be buried . Thither went Iohn Sterlin , with a great part of his Men ; some for Merchandizing , some for Religion , leaving his Camp , and the Wall but slenderly Guarded , for they thought themselves secure from the Enemy ; in regard , they knew , that none of the opposite Faction were in all the Neighbouring parts , except those few , which were shut up in the Castle ; but the Besieged being made acquainted with the absence of Sterlin , and the weakness of his Camp , assoon as the Evening came , shipt that Furniture , which they had before prepared , to peirce through the Wall ; and , whilst the Watch was a Sleep , made many Holes in it , in several Places . The Water having gotten some small Passages , widened the Orifices of them by degrees , and at last brake forth with such a Violence , that it tumbled down All that was before it ; it overflow'd all the Plains , and carried away with it , Tents , Huts , Men half a Sleep , and Horses , with a mighty rushing Noise , into the Sea. And they which were in the Ships , running in with a great shout upon the affrightned Soldiers , added a second terrour to the first ; so that upon such a double surprize , every Man minded nothing , but how to save himself : Thus shifting away , they fled , as every Man could , and left the Prey to their Enemy . Alan , at his leasure , carried into the Castle , not only the spoils of their Camp , but Provisions also , prepared for a long Siege . Moreover , in another Sally , made against the Guards , which were at Kinross , there was as happy Success ; the Guards were routed and taken , and the Siege raised . About the same time , that these things were acting in Fife , the English entred Scotland with great Forces both by Sea and Land. When the Ships came into the Forth , their Admiral struck upon the Rocks , and the rest were grievously turmoiled , so that they returned home with greater Loss , than Booty . But the Land-Forces pierced as far as Glasgoe , where Edward called a Council of his own Faction , and finding , That there was neither General nor Army on foot of the contrary Party , he thought his presence was no longer necessary , so that he returned into England , taking Baliol with him , whom he somewhat distrusted , and leaving David Cumins , Earl of Athole , to Command in Scotland ; He first of all seizes upon the large Estates of all the Stuarts , which contained Bote , Arran , the Lands of Renfrow , and a great part of Kyle and Cuningham ; He confirms Alan Lisle , Chief Justice of Bote , which some call Sheriff ; others , Seneschal ; and also commanded the Neighbouring Countreys to obey him . Then he himself marched into another part of the Country , where he reduced the Provinces of Buchan and Murray ; and though he were now grown almost beyond the rate of a Private Man , yet he sent forth all his Proclamations and publick Edicts in the Name of both Kings , Edward and Baliol. At that time , there was not a Man in Scotland , that durst profess , That Bruce was King , only waggish Boys would sometimes do it , as it were , in sport and pastime ; yet Robert Stuart , who then lay hid in Dunbarton , judging that something might be attempted in the absence of Cumins , made the Cambels , a Powerful Family in Argyle , acquainted with his Proposal . Calen , the Chief of them , met him at Dunnoon , a Castle in Coval , with about 400 Men , and presently surprizes it ; At the Noise whereof , the Islanders of Bote , who were divided but by a narrow Sea , generally rise , and hasten to their old Masters . Alan gathered what united Force he could to stop their march ; whereupon , the poor People , being for the most part unarmed , and who had assembled rather in a fit of Passion , than by any solid Advice , being struck with a Panick Fear , ran to the next Hill , where they found a great Company of Stones , which they threw down , like Showres of Hail-stones upon their Enemies , who , in contempt of their paucity , rashly adventured to assault them ; the greatest Part of them were thus rudely treated before they came to Blows , but as they retreated , they so pressed upon them , that the Valiantest of their Enemies with Alan Lisl● himself , were slain , and Iohn Gilbert , Governor of the Castle of Bote , taken Prisoner ; so that they armed many of their own Men with the Spoils of the slain . This , not unbloody , Victory , was followed with the Surrender of the Castle of Bote. When the Rumour of these Things was spread abroad , Thomas Bruce , Earl of Carrick , with his Neighbours and Allies out of Kyle and Cuningham ; as also William Carruder , of Annandale , who always had withstood the Government of the English , with his Friends and Kinsmen , crept out of his Hole , and came in to Stuart . And besides , Iohn Randal , Earl of Murray , being returned out of France , gave some hopes of Foreign Assistance ; whereupon , being encouraged , in their Minds , to higher Attempts , they made up an Army , by the Assistance of Godfrey Ross , Sheriff of Air , and in a short time , drew all Carick , Kyle , and Cuningham to their Party . Also the Renfroans came to their old Masters , the Stuarts , uninvited . The Vassals of Andrew Murray , following their Example , drew in the rest of Clydsdale , part willingly , and part against their Wills , into their Cause . Their Confidence being increased by these happy Beginnings ; that there might be some Representation of a Publick State among them , they called together the Chief of their Party , and made Two Regents , viz. Robert Stuart , though a Young Man , yet One , who , in these lesser Expeditions , had given a great Pledge of his Good-will towards his Country ; and Iohn Randolfe , a Person worthy of his Father and Brother , Both Eminent Patriots . Randolfe being sent with a strong Party into the Northern Countrys , there flocked in to him all those , who were weary of the Heavy Yoke of the English ; So that , David Cumins , being amazed at this Inclination and Change of Mens Minds , fled into Loch Abyr , whither he followed him , and driving up into a Nook , and being also in great want of Provisions , he forced him to yield ; but upon his Swearing Fealty to Bruce , he dismissed him , and withal gave so much Credit to his Promises , that , at his Departure , he made him his Deputy ; and indeed afterwards , he was not backward in Bruce his Cause . In the mean time , Randolfe returning into Lothian joined his old Friend , William Douglas , who being released , and newly come out of England , did revenge the Noisomness of his long Imprisonment with a great slaughter of his Enemies . Andrew Murray returned also , who was taken Prisoner at Roxburgh ; so that , there being Commanders enough , the Regent Indicted an Assembly at Perth , to be held in the Calends of April , where , when Abundance of the Nobility met together , they were not able to effect any thing , by reason of the Great Feud betwixt William Douglas and David Cumins . The Cause whereof was pretended to be , That Cumins was the Occasion , why Douglas was not sooner released by the English. Stuart favoured Cumins ; but , almost all the rest , Douglas ; Moreover , Cumins alleged , That he came with a more than ordinary Train unto the Assembly , by reason of that Feud , for he had brought so Many of his Friends , and Tenants , along with him , that he became formidable to all the rest ; and besides his Disposition , which was various and mutable , his vast Mind , and the Noyse of the coming of the English , with whom every one knew , that Athol would join , increased their Suspicions of him . And , indeed , not long after , Edward invaded Scotland , with great Forces , both by Sea and Land , bringing Baliol along with him , his Navy , consisting of 160 Sail , entred the Forth ; He himself marched by Land as far as Perth , spoiling the Country as he went along , and there waited for Cumins . In the mean time , Randolfe went to Iohn , who challenged the Aebudae , as his Own ; and not being able to draw him to his Party , he was content , in so troublesome a posture of Affairs , to make a Truce with him for some months ; and thereafter , returning to Robert , the other Regent , he found him dangerously sick . So that , it was as bad a time as could be for all the Burden to be cast upon his Own Shoulders , and therefore he durst not Fight the English in a set Battel , but divided his Force , that so he might attack them by Parties . And hearing that a strong Army of Gueldrians were coming through England , to join the English , * in Scotland ; he waited for their coming on the Borders ; Where also , Patrick , Earl of Merch , and William Douglas of Liddisdale , met him , together with Alexander Ramsay , one of the most experienced Soldiers of that Age ; All these waited for the said Gueldrians in the Fields , near Edinburgh . Assoon as ever they came in sight one of another , they fell to it , immediately ; and , after a sharp Conflict , the Gueldrians were overcome , and fled to the next Hill , where , there was an old ruinous Castle : The next day , having no Provision , they surrendred themselves , only upon Quarter for Life . Randolfe , out of respect to Philip Valois , who was their singular good Friend , ( as was then said , ) did not only freely release them , but accommodated them with Provisions for their March ; yea , he himself undertook to be their Convoy ; in his march , he was taken by an Ambush of the English Party , and so brought to the King , who was then besieging Perth with a powerful Army . At the same time , David Cumins , who steered all his Counsels according to the Inclinations of Fortune , being glad of the Distress of his Enemy , comes to the King of England , and promises him , in a very short time , to drive all the Brucians out of the Kingdom ; and the Truth is , he was as active in performing his Promise . For Perth being surrendred , and the Walls thereof demolished , the King prepared to return to England , because Provision for his Army came but slowly in ; in regard , That all the Scots , upon notice of his coming , were advised to drive their Cattle into the Mountains : As for their other Provisions , they should either convey them to some Fortified Places far remote ; or , if they could not do so , they should spoil them , altogether . Neither did his Fleet , on which he most relied for Bread for his Army , much relieve him . For , as soon as it arrived at the Forth , and had destroyed a Monastery of Monks in the Isle Inch-colm , as it rode at Anchor in the open Sea , it was grievously turmoiled , and suffered great Losses by a Tempestuous Storm , so that part of the Ships could hardly get to Inch-Keith , a desolate Island , near adjoining . Others were carried further by the Winds , but as soon as they could recover themselves , they imputed the Cause of the Tempest to the Anger of St. Columb , because they had avaritiously , and cruelly , destroyed a Monastery of His ; and therefore , whatever Prey , or Plunder , they had got , they carried it thither , as an Expiation for their Offence ; neither was any memorable Act performed , by that Fleet , the whole Year . Though these Causes did much incline the King of England to return , yet , that which did most accelerate it , was , his Propension to the French War , which was then most in his thoughts . And therefore , he marched back his Army , and took Baliol with him , as if the Scotish War had been almost at an end , and left Cumins , as Regent , to perfect the Remainder thereof . He , to ingratiate himself to Both Kings , and to avenge himself on his Enemy , was extraordinary cruel in his Proceedings , which Severity of his was the more resented , because , that lately he himself obtained his Pardon so easily , when he was reduced to the lowest Ebb , not many Months before . There were scarce above Three of all the Scotish Nobility , whom neither Promises could entice , nor Dangers enforce , to submit to the English Yoke ; and Those were , Patrick , Earl of Merch ; Andrew Murray , and William Douglas . These joined their Forces , and march to Kilblane Forest , * against Cumins , who was besieging Kildrummy Castle ; with him they had a sharp Fight . Cumins was more in Number , and a Few might easily be snapt by a great Many ; but the coming in of Iohn Craig , Governor of the Castle , with 300 Fresh Men , decided the Controversy , and gave an undisputed Victory to the Brucians . All the Valiantest of Cumins his Army were slain , either in the Fight , or in the Pursuit . Many were saved in a Neighbour Castle , called Cameron , belonging to Robert Meinze ; But , seeing there were not Provisions for so great a Multitude , pent up in so narrow a Room , the next day it was surrendred , and the Defendants , upon their Submission , confirmed by an Oath , Pardoned . There fell in this Fight , besides the General himself , Robert Brady , and Walter Cumins , Two of his intimate Friends ; Thomas , his Brother , being taken Prisoner , was the next day put to death . Upon this Victory , in regard Randolfe was a Prisoner , and Stuart was sick , the Name and Power of Regent was confirmed on Andrew Murray , by Military Suffrage . For , when Letters came from the King of France concerning a Truce , the Nobles of the Brucian Party , being forced to receive them , did , by unanimous Consent , restore that former Honour to Murray , which his Calamitous Misfortune had deprived him of . He , after the Truce , for a few Months , was ended , laid Siege to the Castle of Lochindores , which was held by the Wife of David Cumins ; She , foreseeing , what would happen , had craved Aid of the English , who shortly after landed some Forces in Murray , and raised the Siege . They also pierced as far as Elgin , ( a Town situate by the River Lossy , ) wasting all as they went , with Fire and Sword. As they were marching to Perth , they burnt Aberdene , and , Garison'd the Castles in all Merss , Dunoter , Kinneff , and Laureston . They laid a Command on the six adjoining Monasteries , to repair the Walls of Perth , which were demolished ; and then committing the Affairs of Scotland to Edward Baliol , who was returned thither , they went back for England . Upon the Departure of the English , and the low Condition of the Scots , Henry Beaumont thought it a fit Opportunity for him to stir , to revenge the Death of his Son in Law , the Earl of Athole , and therefore he killed all that he could take , without any distinction , who had been in the Fight of Kilblane , in a very cruel manner . Andrew Murray besieged him in D●ngarg , and enforced him to a Surrender , and , upon taking his Oath , That he would return no more into Scotland , in an Hostile manner , he was dismissed ; Thus , by one continued Course of Victory , he took all the Strong Holds on the further side of the Forth ( besides the Castle of Cowper , and the Town of Perth , ) and , casting out their Garisons , he wholly demolished Them , Afterwards , he entred England , where he got great Booty , and somewhat relieved the Spirits of his Soldiers , who had suffered much by reason of want , in their own Country . For , in regard , Scotland had been harassed , that Year , by the Injuries of War , and wasted by the daily Incursions of both Parties , the Fields lay untill'd , and there was such a Famine , that the English were enforced to desert the strong Castle of Cowper , for want of Provisions . And a Scotish Seaman , who had been abused by them , being employed to Transport the Garison-Soldiers by Night to Lothian , Landed them upon a Bank of Sand , which was bare , when the Tide was out ; they , thinking it had been the Continent , went a little way , and then met with Sea again , which made them call again for the Vessel , but in vain , for they all perished there . The next Year , which was 1537. the English Besieged the Castle of Dunbar ; it was defended by Agnes , the Wife of the Earl of Merch , who was commonly Sirnamed the Black , a Woman of a Manly Spirit . The Besiegers were the Earls of Salisbury and Arundel ▪ the Siege lasted longer than any body thought it would , so that Two divers Supplies were sent into Scotland to relieve Baliol ; the One led by Monfort , the Other by Richard Talbot ; Lawrence Preston undertook Monfort , and in a Fight slew him , and routed his Army , but he himself dyed soon after , of the Wounds he there received , which caused his Soldiers to wreck their Fury , for the loss of their General , on the Prisoners , whom they inhumanly slew . Talbot was taken Prisoner by William Keith , and his Army routed ; yet the Siege of Dunbar continued , still . And the Sea being stopped by the English , the Besieged were driven to so great a want of Victuals , that , without doubt , it must have been surrendred , if Alexander Ramsay , by a seasonable , thô bold , Attempt , had not relieved it . He , in the dead time of the Night , slipp'd by the Watch , which in Gallies of Genoa , kept the Sea-Coast-side , and came up to the Castle , where he landed Forty choice Men , and a great quantity of Provisions . And then , joyning part of the Garison with his own Men , in the Covert of the Night , he rushed in , with such a noise , on the English Guard , that he made a great slaughter amongst them ; for they little expected a Sally from an Enemy , whom they looked upon , as almost Conquered ; and so , the next Night , he returned back , as s●curely as he came . Thus , after Six Months , the Siege of Dunbar was raised : For Edward called back his Forces to the French War , after they had wearied themselves , and tryed all ways to become Masters of the Place . Andrew Murray , his Country being then almost freed from Foreign Soldiers , attempted to reduce , First Sterling , then Edinburgh ; but was fain to depart from them Both , without carrying them ; yet , he subdued all Lothian , and brought it under the King's Subjection . In the mean time , to give his wearied Mind a little Relaxation , he went to see his Lands and Possessions beyond the Mountains , where he fell Sick , and Dyed ; he was Buried at Rosmark , much Lamented , and Desired , by all Good Men. For , in those Two Years and an halfe , whilst he sate at Helme , he performed such great Atchievements , as might seem sufficient for the whole Life of One of the Greatest Captains in the World. After him , Stuart was made Regent , till the return of David out of France ; he , being yet but young , did , that Year , get the better of the English , in many light Skirmishes , which were managed under the Conduct of William Douglas ; yet , not without the great hazard and danger of Douglas himself , who was often wounded : He drove the English out of Teviotdale ; He took the Castle of Hermitage in Liddisdale , and , surprizing great store of Provision belonging to the Enemy at Mulross , he fortified it , too . He had such a sharp and obstinate Encounter with Berclay , That he himself , with but Three in his Company , hardly escaped , and that by the benefit of the Night , too . He overthrew the Forces of Iohn Sterling , in a bloody Onset , yet He himself was , a while after , like to be taken by him ; but recovering himself , after a fierce Encounter , he put Sterling to flight ▪ slew Thirty of his Companions , and took Forty of them , Prisoners ; he so pressed upon William Abernethy , by whom he had been worsted Five times in one Day , That , before Night , he slew all his Men , and brought him Prisoner along with him . And he had as great Felicity in conquering Lawrence Vaux , a stout Enemy : At last , he Sailed over to King David in France , to acquaint him with the State of Scotish Affairs . The next Year , which was 1339. Stuart , hoping to follow on his good Fortune , Levied an Army , and divided it into Four Parts , and so attempts to reduce Perth , but the English defended it so valiantly , that he was wounded and beaten off ; After the Siege had lasted Three Months , Douglas came to their Assistance , when they almost despaired of Success ; he brought with him Five Pyratical Ships , which he hired , wherein there were some Soldiers , and warlike Engines . Part of the Soldiers were Landed , but the rest were sent , in their Ships , to keep the Mouth of the River Tay. Douglas himself went to recover the Castle of Cowper ; which , being deserted by the English , was seized on by the Scots . And William Bullock , an English Priest , who was Treasurer also , made Governor . Douglas agreed with him , that he should have Lands in Scotland , and so come over to his Party ; he was the more easily persuaded to it , because he could expect no Aid from England , and he had not much confidence in the Scots , who were in Garison with him . This Man was afterwards very faithful to the Scots , and of great use to them . The Siege of Perth had now lasted Four Months , and would have continued much longer , unless the Earl of Ross had drained the Water out of the Trench , by Mines , and subterraneous Passages ; so that , by this means , the Assailants came to the very Walls , and threw the Defendants off their Works , by the Darts sent , principally , from the Engins , so that the English were forced to Surrender , upon Terms , To march out Bag and Baggage , whither they pleased . In a little time after , Sterlin , being Besieged , was also Surrendren on the same Terms ▪ and Maurice Murray , the Son of Andrew , was made Governor of the Castle . Baliol was so terrified at this suddain Mutation of Affairs , That he left Galway , where he usually abode , and went for England . A while after , the Castle of Edinburgh was taken , not by Force , but Stratagem . Walter Curry , a Merchant , who then chanced to have a Ship laden with Provisions , in the Bay , or Firth , of the River Tay , at Dundee , was sent for by William Douglas into the Forth . There , He and Bullock agreed , That Curry should fain himself to be an Engl●shman , and should carry Two Bottles of his best Wine , and some other Presents , to the Governor of the Castle ; desiring his Leave to sell the rest of his Provision in the Garison ; and withal , to inform him , That if He , or the Garison , stood in any need of his Service , he would Gratifie them as far as ever he was able . Hereupon , the Governor commanded him to bring some Hogsheads of Wine , and a certain Number of Biskets , and promised him Free Admittance , whenever he came . He , for Fear of the Scots , ( forsooth ) who often made Incursions into the neighbouring Parts , promises ( happy be lucky ) to come betimes , the next Morning . That Night , Douglas , with Twelve Select Men , accompanying him , clad themselves in Mariners attire , under which their Armour was hid , and so carried Provisions into the Castle ; as for his Soldiers , he laid them in Ambush , commanding them to wait for the Signal to be given ; Douglas and Simon Frazer went before , and commanded the rest to follow Them , at a moderate distance ; When they were let , by the Porter , into the Fort , which was made of Beames before the Gate of the Castle , they observed , That the Keys of the Doors hung on his Arms , him therefore they killed , and so opened the Castle-Gate ; and then , ( as they had before agreed ) they gave the Signal to their Fellows , by blowing an Horn ; the Noise whereof was a Sign to the One , That the Castle was entred by their Friends ; To the Other , That it was surprized by their Enemies . Both Parties made all the haste they could , the Scots cast down their Burdens in the very Passage of the Gate , lest the Doors might be shut , & so they kept out from their Fellows , who could march but slowly up , on so steep an Ascent : Here , there happened a sharp Dispute with Loss of Both sides , at length the Garison-Soldiers had the worst , who were all slain , except the Governor and six more . It was this self same Year , or , ( as some say ) the next , That Ramsay ( the most Experienced Soldier of all the Scots ) made his Expedition into England . Men had so great an Opinion of his Skil in Military Affairs , That every Body was accounted , but a Fresh-Water Soldier , who had not been disciplin'd under Him. And therefore , all the young Fry came in to him , as the only School where the Art of War was to be taught . He having before made many prosperous Expeditions into his Enemies Country , thô but with small Forces , their Affairs being now at a Low-Ebb in Scotland , took heart to attempt greater Matters ; so that , gathering together an handsom Army of his Tenants and Friends , he spoiled and harassed Northumberland ; and , upon his Retreat , the English drew fotrh all their Force from the Country and Garisons , and so followed him with a very great Army : What was to be done , in this case ? Alexander could not avoid Fighting ; and yet , he perceived , That his Soldiers were somewhat Crest-fallen , by reason of the Multitude of the Enemy . In these Circumstances , he sent away his Booty before , and placed his Foot in Ambush ; and commanded his Horse to straggle abroad , as if they were Flying , and when they came to the Place of Ambush , then to rally again at Sound of Trumpet ; The English , imagining , That the Horse had fled in good earnest , pursued them as disorderly ; and , when the Signal was given to come together again , they , in a moment , turned back upon Them , The Foot also skipping out of their Ambushes ; which struck such a Consternation , and Terrour , into the English , That they fled back faster , than before they had pursued . Many of them were slain , many taken , and the Prey carried home , safe . Amongst the Prisoners , there was the Governor of Roxburgh , who had drawn out almost all his Garison to follow him ; so that Alexander , knowing the Town to be empty , assaulted and easily took , It , at the First Onset ; and when he had taken the Lower Part of the Castle , the Remainders of the Garison-Soldiers sled up into a strong Tower therein ; but , being vigorously assaulted , and having no hopes of Relief , They surrendred up Themselves . Some say , That the * Earl of Salisbury was there taken , and exchanged for Iohn Randolf . But most Writers , whom I am rather inclined to follow , affirm , That Salisbury was taken Prisoner in France , and that by French Troops . Randolf , going into Annandale , took his Castle , which was seated by * Loch-Maban , from the English : And the Three Governors of the Borders , Alexander Ramsay of the East , William Douglas of the Mid-Border , and Randolf of the West , drove the English beyond their old Bounds , which they had in the Reign of Alexander the Third , and left them no footing at all in Scotland , but only Berwick . Some say , That Roxburgh was taken by Ramsay , in the Night , who set Ladders to the Walls , when the Watch was asleep , in the Year 1342. the 30 th Day of March ; and the Black Book of Pasley says so , too . The same Year , on the 4 th of the Nones of * Iuly , David Bruce , and His Wife , arrived at Ennerbervy , Nine Years after his Departure ; His Coming was the more acceptable , because the Affairs of Scotland were then at such a low Ebb. For , Edward , having made a Truce , for Three Years , with Philip , King of France , at Tournay , and so being freed of his French War , determined to invade Scotland , with all his Force . He had then in his Army Forty Thousand Foot , and Six Thousand Horse , and he had also Equipp'd out a Gallant Navy of Ships to carry Provisions for his Foot Soldiers , that there might be no Want , that way ; They set Sail in the Month of November , but were encountred by so fierce a Tempest , that , after a long Distress at Sea , they were cast upon the Belgick and German Shores , and so were of no use to him in the present War. In the Interim , Edward and his Land Forces staid about New-Castle upon Tine in great want of Victuals ; Thither Embassadors came to him from Scotland , desiring a Pacification for Four Months , which they obtained upon Condition , That if David came not to them before the Calends of June , all the Scots would become Subjects to Edward ; but David , hearing of the Preparation of the English , had set Sail before the coming of Embassadors to him . Amongst those who flocked in to gratulate the King , at his Return , ( as Many did , from all Parts of the Kingdom ) there came Alexander Ramsay , also ; who , being eminent both for the splendid Atchievements of his Former Life , and especially for his late , and yet reaking , Conquests , was received with a great deal of Favour , and had the Government of Roxburgh bestowed on him ; yea , and the Sheriff-wick of all Teviotdale was also added to his Authority . William Douglas took this mighty heinously , that Ramsay was preferred before him in that Honour ; For , seeing he had expelled the English from almost all Teviotdale , he had sometimes presided over the Publick Assembly there , thô without the Kings Command ; yet , relying upon his Merits towards his Country , the Nobleness of his Stock , and the Power of his Family , he hoped , That no man would have been his Competitor , for that Office. Whereupon , being wholly bent on Revenge , he , at present , dissembled his Anger , but , in Three Months after , he met with his Adversary , holding an Assembly in the Church of Hawick , and unawares assaulted and wounded him , having also slain Three of his Followers , who endeavoured to rescue him ; and so set him upon an Horse , and carried him to the Castle of Hermitage , where he starved him to Death . About the same time , William Bullock , a Man of singular Loyalty to the King , was put to the same kind of Death , by David Berclay . These Two Savage and Cruel Facts filled almost the whole Kingdom with Seditions , and distracted it into several Parties . These things did mightily exercise the King , who was yet but Young , and not accustomed to Men of Rough and Military Dispositions ; yet , though he used great diligence to find out Douglas , to bring him to Condign Punishment ; he , by Means of his Friends , ( of which he had procured Many , by his Noble Exploits for the Liberty of his Country ) and especially of Robert Stuart , the King's Son by his Sister , obtained his Pardon ; And , indeed the Magnificent , yet True , Report of his Famous Actions , did much facilitate the Obtaining thereof , together with the present Conjuncture of the Time , wherein , there being but an uncertain Peace abroad , and Seditions at home , Military Men were to be respected , yea , and honoured too . Upon which Account , he was not only pardoned , but preferred also to the Government of Roxburgh and of Teviotdale too ; a Clemency , which , perhaps , in the present Circumstances of Things , might be useful ; but , certainly , of very ill Example for the Future . David , having thus settled Matters at Home , the best he could , denounces War against England , the greatest Part of the Nobility dissuading him from that Expedition , by reason of the great Scarcity of Provisions : Yet , he Listed an handsom Army , and made Thomas Randolfe General thereof ; he himself accompanied him , but in disguise , that he might not be known to be the King. This Army , having wasted Northumberland for about Two Months time , returned home with great Booty : Within a few Days after , he made another Inrode into the Enemies Country ; but then he did not disguise , but openly professed Himself , both King and General . The English , being inferior in Strength , would not venture to give a set Battel , whilst their King was absent in France ; but skirmished their Enemies with their Horse , and so kept them from plundering much , by a close March. Five of the Chief Nobility , whom David had lately raised to that Honour , straggling too far from their Men , were taken Prisoners , their Followers being also killed , or put to Flight . So that , David , to spend no more time there , in vain , returned with his Army . He made also a Third Expedition , with what Force he could privately Levy , that so he might fall upon his Enemy , unawares . But , entring England in a stormy Autumn , the small Brooks were so swollen with large Showres , that they made all the Country unpassable , and also hinder'd the Carriage of Provision , so that , Home he came again ; yet , that he might not seem to have taken so much Pains to no purpose , he demolished a few Castles . Not long after , Embassadors were sent , to and fro , in order to obtain a Truce for Two Years , which the Scots consented to , upon Condition , That Philip , King of France , gave his Consent ; for That was one Article in the Treaty between the Scots and French , That neither of them should make Truce , or Peace , with the English , without the Other 's Consent . For those Two Years , Scotland was quiet . About the Fourth Year , after David's Return , the French were overcome in a great Battel ; and Calais , a Town of the M●●ini , was besieged by them ; so that Philip pressed the Scots , by his Ambassadors , to Invade England , and to so draw away some of their Force from Him. Hereupon , an Army was commanded to meet at Perth . Thither they came in a great Abundance , and there David , Earl of Rosse , waylaying Reginald , Lord of the Aebudae , his Old Enemy , fell upon him in the Night , and slew him with Seven Nobles in his Company . This Murder did much weaken the Army , for the Kindred and Tenants of both Parties , yea , the Neighbouring Inhabitants , fearing a Civil War between Two such Potent Families , returned to their own Homes . And therefore , William Douglas of Liddisdale , earnestly persuaded the King to desist from his present Expedition , and to compose Matters , at Home . His Counsel was refused ; and the King ( his Friendship to Philip overcoming his Love to his Country ) marches forward into England , and destroyed all as he went , by Fire and Sword. And thus in Sixteen Days he came into the County of Durham , where the English , parly levied by Percy , and partly sent back from the Siege of Calais , made a great Body , and shewed themselves to the Enemy in Battel-array , sooner than ever the Scots could have imagined . David , who feared nothing less than the coming of the Enemy , and therefore had sent abroad Douglas to forage the Neighbouring Country , gave a Signal of Battel to his Souldiers . Douglas fell unawares amongst his Enemies , and having lost Five Hundred of his Men , was put to slight , and returned , in great Fear , to the Camp. And the End of the Conflict was as unhappy , as the Beginning : For , the Fight being sharply begun , Randolfe's Men were routed at the first Onset , and he himself slain . The main Battel , in which the King was , was assaulted by Two Brigades of the English ; One , that had conquered before ; and Another , that was intire , and had not yet charged , who shattered it , and cut it off quite ; They being resolved to die , and therein almost all the Scotish Nobility were utterly lost ; and the King himself , after his Arms were taken away , was taken Prisoner by Iohn Copland , but he struck out Two of his Teeth with his Fist , though he himself was sorely wounded with two Arrows . The Third Wing , commanded by Robert Stuart and Patrick Dunber , perceiving the Slaughter of their fellow-Souldiers , withdrew themselves with little Loss . The Nobility were so destroyed in this Fight , that , immediately after it , Roxburgh , Hermitage , and many other Castles , were surrender'd to the English : And the Scots were enforced to quit their Claim to all the Lands they held in England , and also to Merth , Teviotdale , Liddisdale , and Lauderdale ; and the Bounds , and Borders , of the English , were inlarged to Coc●burns-Path , as they call it , and Soltra-Hill . Baliol , not contented to have recovered the Possessions of his Ancestors in Galway , marched over Annandale and Liddisdale , and all the Country lying near the Clyd , and destroyed all by Fire and Sword : He also , by the Assistance of Percy of England , made the like Havock in Lothian ; neither could there a sufficient Army be raised against them in Scotland , for some Years . As an Addition to this Misery , there hapned also a grievous Plague , which swept away almost the Third Part of the People . And yet , in such an afflicted State of Things , Men did not abstain from Domestick Mischiefs . David Berclay , a Noble Knight , who , before , had slain Bullock , was , at this time also , present at the Murder of Iohn Douglas at Dalkeith . William Douglas of Liddisdale ( who was taken Prisoner by the English , at the Battel of Durham , and was not yet released ) caused him to be slain , by the Hands of his Tenants ; and after he himself was Released , and returned into Scotland , he did not long survive him : For , as he was a Hunting in the Wood of Attic , he was killed by William Douglas , the Son of Archibald , newly returned from France , in Revenge for his Murder of Alexander Ramsay . Neither did the Clans of the Ancient Scots , as impatient to be quiet , abstain from injuring one another . In the midst of these Calamities , which pressed in on every side ; William Douglas gathered together a Band of his Vassals and Tenants , and recovered Douglas , the Patrimony of his Ancestors , having driven the English out of it ; and afterwards , upon this little Success , Mens Minds being more inclined to him , he reduced a great part of Teviotdale , also . In the mean time , Iohn King of France , Heir to his Father Philip , both in his Kingdom , and in his Wars , fearing , lest the Scots , being broken by so many Misfortunes , should quite succumb under so Puissant an Enemy , sent Eugenius Garanter to them , with Forty Gallant Cavaleers in his Train , to desire of them , To make no Peace with England , without his Consent . He brought with him Forty Thousand French Crowns , to press Soldiers ; and , besides , by large Promises , he wrought over the Nobility to his Side and Opinion . They received the Money , and divided it among themselves , but levied no Soldiers , only they carried on the War , by light Incursions , as they were wont to do . Assoon as the English heard of this , they almost wasted all Lothian , which had been sorely harassed , before . To Revenge this wrong , Patrick Dunbar , and William Douglas , gathered a good strength together , as privately as they could , and placed themselves in Ambush , but sent out David Ramsay of Dalhouse , a noted and Valiant Soldier , with part of the Army , to burn Norham , a populous Town upon the Banks of Tweed . When Ramsay had accomplished his design , the English were trained on to the Ambush , where some were surprized and slain ; at last , being not able to resist so great a Multitude , the English surrender themselves . This success heartned the Scots , and therefore , the same Commanders uniting their Forces together , Thomas Stuart , Earl of Angus , resolves to attack Berwick : And , to do it privately , he hired Vessels , Ladders , and other Implements used in Scaling the Walls of Towns , wherever he could procure them ; he acquaints Patrick with his coming , he meets him at the Hour appointed , and creeping to the Walls , with as little noise as they could ; yet , the Sentinels espied them , whom , after a sharp Conflict , they repulsed , and so became Masters of the Town , but not without loss on their own side ; the Castle was still kept by the English , which they assaulted , but in vain . When the King of England heard , how Matters went in Scotland , he gathered together a Puissant Army ; and , in swift Marches , hastned thither . The Scots hearing of his coming , and not being provided with Materials for a long Siege , spoiled and burnt the City , and so returned home ; Edward employed all kind of Workmen , and Artificers , to repair what the Flames had Consumed ; in the Interim , he himself quartered at Roxburgh . Thither Baliol comes , and Surrenders up the Kingdom of Scotland to him , desiring him earnestly not to forget the Injuries offered him , by the Scots . Edward , as it were in Obsequiousness to his Desires , invades Lothian by Land and Sea , and makes a further Devastation of what was left after the former Ruin. He determined , in that Expedition , so to quell all Scotland , that they should never recover strength to Rebel again . But his Purpose was disappointed , by reason of a most grievous Tempest , which so shattered and tore his Ships , that carried his Provisions , that very Few of them ever met in one Port ; so that , he was enforced to return home , for want of Provision ; only he vented his Spleen upon Edinburgh , Hadington , and other Towns of Lothian . Edward and his Army being gone for England , Douglas drove the English out of Galway ; Roger Kirk-Patrick , out of Nithisdale ; and Iohn Stuart , Son of the Regent , out of Annandale , so that those Three Countries were recovered by the Scots . About the same time , Iohn King of France was overthrown by the English , in a great Battel in Poictou , and he himself taken Prisoner . Edward , having Two Kings his Prisoners at once , passed the Winter merrily amongst the Gratulations of his Friends ; so that the Scots thinking , that his Mind , being sated with Glory , might be more inclined to Equity , they sent Ambassadors to him , to treat about the Release of their King. Bruce , that the Scots might have easie Access to him , was sent to Berwick ; but , in regard they could not agree about the Conditions , he was carried back to London . Not long after , the Popes Legates were sent , who took great Pains to make a Peace , betwixt the English and French ; they also transacted the same for Scotland , upon the Promise of the Payment of an Hundred , ( as our Writers say , ) or , as Frossard , of Five Hundred Thousand Marks of English Money to them ; Part of which was to be paid in Hand , the rest by Parcels . To make up that Sum ; the Pope gave the Tenths of all Benefices , for Three Years ; in the mean time , a Truce was made , and many young Nobles given for Hostages , who died almost all in England , of the Plague . Hereupon , David returned , the Eleventh Year after he was taken Prisoner . The first thing he did , was , to punish those who had been the forwardest to fly in the Battel of Durham . From Patrick Dunbar , he took away a great part of his Lands ; he cut off all hope from Robert Stuart , his Eldest Sisters Son ▪ of succeeding in the Kingdom , and substituted Alexander , Son of the Earl of Sutherland , by his Youngest Sister , and made the Nobles to swear Fealty to him . This young Mans Father distributed large and fruitful Lands amongst the Nobles , to engage them more firmly to his Son. But , Alexander dying soon after , he was reconciled to Robert Stuart ; and , in a full Assembly of the Estates , he was , by a General Suffrage , named Heir Presumptive of the Crown . But this was done some Years after . The King spent the next Five Years in appeasing the Discords at home , in which time there happened Two great Calamities : One reached but to a few , by an Inundation of Water ; for , the Heavens sent down so much Rain , that Lothian seemed to be all a Float ; yea , the force of the Water was such , that it carried away Bridges , Water-Mills , Country Houses , with their Owners , and Cattle , into the Sea ; it rooted up Trees , and almost quite destroyed the Towns , which stood near the Banks of Rivers . This Misery was seconded by Another , namely , a grievous Pestilence , which consumed many of all Ranks and Ages . In the Year 1363. the state of things grew Calmer , and then , in the Assembly of the Estates , the King propounded to the Lords of the Articles , That the King of England , or else his Son , might be sent for into Scotland , to undertake the Kingdom , if he should chance to Die. This he did , either by his weariness of War ; or , foreseeing , That it would be for the Good of both Kingdoms ; or , ( as others think ) because of his Oath , which the English had made him to Swear , but his Speech was so Unacceptable and Offensive to them all , that , before every ones Vote could be asked in order , they all confusedly cried out upon it , as an abominable Propose ; and it was almost come to That , that they , who had most freely spoken against it , fearing his Displeasure , were meditating a Revolt . But he , understanding their Fears , abated his Anger , and received them into Favour . When he had quieted all things elsewhere , yet the Highlanders continued still in Arms , and did not only commit Outrages upon one another , but also made Havock of the adjacent Countries . The King tried all probable Means to bring them to a mutual Concord ; but , being not able to do it , his next Plot was , To suborn some Crafty Fellows , to foment and heighten their Dissensions ; that so , when the feircest of them had destroyed one another , the rest might become more Tractable and Pliant . The King , having performed these Exploits , both at home and abroad , departed this Life in the Castle of Edinburgh , on the Seventh Day of Iune , in the Forty Seventh Year of his Age , about the Thirty Ninth of his Reign , and of our Lord 1370. He was certainly , a Man eminent in all kind of Virtue ; but especially in Justice and Clemency ; and , though he had been exercised with Good and Bad Events , alternately ; yet , still , his Fortune seemed rather to fail him , than his Industry . Robert II. The Hundredth King. AFter David's Decease , the Nobles met together at Linlithgo , to Congratulate Robert , at the beginning of his Reign , who had , before , been designed King by his Uncle ; but here , the Ambition of William Douglas had almost cast things into a Sedition , and Uproar . For he demanded the Kingdom , as his Hereditary Right , in regard he was descended from Baliol and the Cumins's . But finding , that his Suit was unacceptable to them all ; and especially to his most intimate Friends , as the Two Brothers , George , and Iohn , Dunbars , of which one was Earl of Merch , and the other of Murray ; as also to Robert Erskin , Governor of the Three well-fortified Castles of Dunbarton , Sterling , and Edinburgh , he desisted , and promised to obey Robert , as his Liege King ; and the King , to oblige him in a more strict Bond of Friendship , espoused his Daughter to Earl William's Son. This year , the Truce , made for Fourteen years , was broken by the English. There was a great Fair usually kept , the Third of the Ide● of August , whether huge Numbers of both Nations , even from very remote Places , used to resort ; thither came the Inhabitants of Merch ; and it happened , that one of Dunbar's Familiar Friends was slain there . George , according to the Law which was observed among the Borderers , sent Heralds to demand the Murderers to be given up to him ; or else , That they would Punish them , Themselves ; but , perceiving , that Favour did outvy Equity , he dissembles the Affront , and against the next day appointed for the Fair , he secretly prepared a Band of Men , and setting upon the Town unexpectedly , he slew all the Youngsters , burnt the Houses , and returned home , with a great Booty . The English , to revenge this Injury , did with like Cruelty ravage over all the Lands of Iohn Gordon , a Noble Knight ; and not long after Gordon entred England , and took away a great Prey of Men and Cattle ; but as he was returning home , Iohn Lilburn , met him with a far greater Force than he had : A terrible Fight began betwixt them , and Victory seemed a long time to flutter over both Parties with doubtful Wings ; but , at last , she inclined to the Scots . The Commander of the English Forces was taken Prisoner , with many of his Allies and Tenants . Henry Percy , Earl of Northumberland , a Man of a great Spirit , being then Lord Warden , or Governour , of the Eastern Marches or Borders , took this Overthrow of his Countrymen in great Disdain ; and thereupon , gathered together a Body of above 7000 Men , and encamped at a Village , called Duns , remarkable for being the Birth Place of Iohn Scotus , Sirnamed , Subtilis , rather than for any thing else . There the Countrymen and Shepherds gathered themselves together , having no other Arms , but such Rattles and Gimcracks , wherewith they frighten Stags and other Cattle , which do pasture there up and down , without any Keeper ; and so by night they placed themselves on some Risings of the Lamormore Hills , which were near to the said Village of Duns . The Form of the Gimcrack is This ; On the top of a long Spear , or Pole , they fasten some Staves or Hoops of Wood , made crooked and bent into a Semicircle ; all over them they stretched a Skin , after the same Form as the Lanterns , which the Vulgar Parisians call Falots , are made ; into these Lanterns , or Concavities , they put small Stones , but very hard ones , which when they are stirred , and tumbled , up and down , make such a rattling noise , as drives away the Beasts and Cattle from the Corn. With these Rattling Instruments , they made a mighty Noise on the Hills , hanging over Duns , wherewith the English Horse were so affrighted , that they broke the Headstalls they were tied with ; and ran up and down the Fields , and so were taken by the Countrymen ; And in the whole Army , there was such a Tumultuous Bustle , that they cried out , Arm , Arm ; and thinking the Enemy had been at their Heels , they passed that night without sleep . But in the morning , perceiving their mistake , in regard they had lost many of their Baggage Horses , as well as those for Service , they retreated six Miles ( for that Place is so far distant from England ) on Foot , leaving their Baggage behind them , almost in the Posture of such , as Fly away . The same day , that Percy retired back from Duns , Thomas Musgrave , Governor of Berwick , had issued out of his Garison with some Troops , to join Percy ; Iohn Gordon had notice of his March , and laid an Ambush for him , into which he fell ; and imagining his Enemy to be more numerous than he was , he sought to Fly , but was taken with his Party in the pursuit , and brought back again . Moreover , in the Western Borders , Iohn Iohnston carried it so , that he obtained both Honour and Booty , too ; for he so exercised his Neighbouring Foes with small , but frequent , Incursions , that he did them as much mischief , as a great Army would have done . Thus all things succeeded prosperously with Robert , for the First Two Years of his Reign ; but in his Third Year , Eufemia , Daughter to Hugh Earl of Ross , dyed . The King had three Children by her , Walter , afterwards made Earl of Strathearn ; David , Earl of Athol ; and Eufemia , whom Robert Douglas Married , as I said before . Robert , not so much for the Impatience of his Widow'd , and unmarried , Estate , as for the Love of the Children , which he had before begot on the Body of Elizabeth More , took her to Wife . This Woman was exceeding Beautiful , the Daughter of Adam More , an Illustrious Knight ; the King fell in Love with her when he was young , and had Three Sons and Two Daughters by her , and he bestowed her in Marriage on one Gifard , a Nobleman in Lothian . It happened , that Eufemia , the Queen , and Elizabeth's Husband , died about one and the same time . Whereupon , the King , either induced by the old Familiarity he had with Her ; or else , ( as many Writers report ) to Legitimate the Children , she had born to him , took their Mother to Wife , and presently advanced her Sons to Riches and Honour . Iohn , the Eldest Son , was made Earl of Carrick ; Robert , of M●nteith ; and Alexander , of Buchan , to which Badenock was adjoined . Neither was he content with this Munificence , but he prevailed upon the Assembly of Estates , met at Scone , to pass by the Children of Eufemia , and to observe the Order of Age , in making his Son , King after him ; which Matter was , in aftertimes , almost the utter Ruin of that numerous Family . During the next Two years , there was neither assured Peace , nor open War , but light Incursions , or rather Plunderings , on both sides ; In the mean time , Edward the Third died , and Richard , the Second , his Grandchild by his Son Edward , born at Bourdeaux , succeeded him , being Eleven years of Age , at which time Ambassadors were sent by Charles the Fifth , King of France , into Scotland . The Cause of their Embassy , was , To renew the ancient League with Robert , and to desire him to invade England with an Army , and so to take off the Stress of the War from France . In the interim , whilst they were treating with the Assembly , Alexander Ramsay , ( as the English Writers report out of Frossard ) being accompanied with Forty young Fellows , in the middle of the Night , when the Sentinel was asleep , took the Castle of Berwick ; all that were in it , being either killed , or made Prisoners . The Townsmen , being amazed at this suddain surprize , send for Percy , who came and laid Siege to the Castle with Ten thousand Men When the News hereof was brought to the Assembly of the Estates at Scone , Archibald Douglas , being concerned for the danger his Kinsman was in , took with him a flying Body of 500 Horse only , and speeded thither ; but all Passages to the Besieged were intercluded and stopp'd , so that he was forced to return again , without any Action . And the Castle , after a valiant Defence for some days , was , at length , taken by Storm , and all put to the Sword , except Alexander alone ; Thus the English ; but , Our Writers say , That the Castle was taken by the help of six Country People of Merch , who , not being able to keep it , were fain to desert it . Not long after the Assembly , Iames , the First Earl of Douglas , gathered together an Army of Twenty thousand Men , and entred England , and coming unawares to a Town called * Penrith , on a Fair-Day , he took , plundered , and burnt it , and then marched his Army back again in safety , laden with Spoil ; but withal , he brought the Pestilence home with him , which was greater than any before , so that it raged over all Scotland for the space of Two years . The English , to cry Quits with the Scots , passed over the Solway , and entred Scotland ; Talbot , a fierce General , led them , being 15000 Men , with which Number he made a great Desolation far and near ; and as his Army was returning back laden with Spoil , he pitch'd his Tents in a narrow Valley , not far from the Borders of England ; about 500 Scots came upon them in those Streights , being secure , unprovided , and generally without their Arms ; and , at the first Assault , they killed all , who were in their way , so that the Tumult , and Fear , diffusing it self , they were wholly put to Flight ; many were slain upon the Place , 250 taken Prisoners , and a great Number , in such a sudden Trepidation , taking the River , were drowned ; the rest left their Prey behind them , and ran home , the nearest way they could . In the mean time , the English carried on a fierce War , both by Sea and Land , against the French ; and besides , part of their Forces were sent into Portugal , so that it was resolved by their Parliament , That Iohn Duke of Lancaster , the King's Uncle , should be sent Embassador into Scotland , to Treat about a Peace ; that so , they , being engaged in so many Wars , might have Quiet on that side at least , which lay most exposed , and open . The Scots , being made acquainted with his coming by an Herald , appointed Iames , Earl of Douglas , and Iohn Dunbar Earl of Murray , to Treat with him ; a Truce was made for Three Years . But whilst they were Treating about a Peace there , a most grievous Civil War broke out in England . The First Author of it is said to be one Iohn Ball , a Priest : He , perceiving that the Commonalty was grievously offended , because Poll-Money of Four English Pence an Head was imposed on Them , First of all obliquely , and in private Confessions , Discourses , and Meetings , inflamed the Minds of the Commons against the Nobility ; and , perceiving that his Speech was well entertained , then he discoursed it openly ; besides this New Occasion , there was also another more Ancient one , viz. That the Greatest Part of the Commons were made little better than Slaves to the Great Ones . A great many Tradesmen and Day-Labourers came in to them , and others also , who , in point of Estate or Credit , had nothing to lose ; insomuch , that they raised so great a Tumult and Combustion , that the Main Chance seemed greatly to be hazarded , and to lie at stake . These things were known at the Meeting of the Embassadors ; yet Both of them dissembled the Matter till they had Treated , and made a Pacification . Then Douglas told Iohn of Lancaster , That he knew , from the beginning , in what State the Affairs of England stood , but they were so far from laying hold on the Opportunity either to make a War , or to hinder a good Peace , That they offered him , even then , to stay securely in Scotland , till the Tumults in England were appeased ; or , if he would return , that he should have 500 Scots Horse for his Convoy . Lancaster gave them Great Thanks , yet he hoped at present , that he had no need to accept of either of the Conditions . But , as he was returning home , the Governor of Berwick shut him out of the Town , so that He , upon the Publick Faith given , returned into Scotland , and there kept himself , till the Sedition of the Commons was quelled in England . When the Three Years Truce was ended , in the Year 1384. Iune the 4th , Archibald Douglas of Galway , with the Assistance of Iames Earl of Douglas , and George Earl of M●rch , laid Siege to the Castle of Loch-Maban , situate near a Lake of the same Name , and from whence daily Inroads were made upon the Neighbouring Country . The Governor of the Castle , being affected at this suddain Misfortune , Articled with the Enemy , That unless he were relieved in Eight Days , he would surrender the Castle ; whereupon , after the Scots had endured great trouble , by reason of the Winter-Storms , and continual Showres , even from the 4th Day of February , the Castle was surrendred , according to Covenant , on the Ninth Day . They who lived near Roxburgh , fearing lest that Castle might be also taken , took care , That one Grastock , a Noble and Wealthy Person , and much famed for his Warlike Skill , should be made Governour thereof ; whereupon , as he was sending in great Provisions thither , and also , all his own Houshold Goods , imagining , that they could no where be better kept from his Enemies use , or secured for his own . Dunbar , being informed by his Spies of the Day of his March , and the way he was to go , laid his Ambushes in convenient Places , and so suddainly assaulted a long confused Train , made up of Soldiers , Waggoners , and a promiscuous Multitude , and without any Fighting took the Prey , and the Owner of it too , and presently retreated back . The English in revenge of their Losses , and to prevent future Incursions , by some memorable Exploits , send Lancaster into Scotland with great Forces , both by Sea and Land. Lancaster himself came through Merch and Lothian as far as Edinburgh . His Fleet was sent to waste the Maritime parts of Fife . The Soldiers were desirous to burn down Edinburgh ; but he , remembring that , but a few Years before , he had been liberally , and bountifully entertained there , when he was excluded by his own People , forbad them so to do . But his Fleet shewed not the same Civility , for , entring into the Isle of Inch-colm , they robbed a Monastery of Monks , and burnt it ; using the like Cruelty in all places where they landed , till Nicholas and Thomas Erskins , Alexander Lindsay , and William Cuningham met them , killed many , took some , and forced the rest to fly in such Fear to their Ships , that , besides the other Loss received by their hasty Flight , they suffered Forty of their own Men , who , being upon one of the Ships Ropes , after the Rope was cut , to be Drowned before their Eyes . Lancaster was scarce returned home , before William Douglas trode almost on his Heels , partly sacking , partly demolishing all the Castles , which the English held in Scotland , after the Battel of Durham . He reduced all Teviotdale , except Roxburg , to the Scots Obedience ; and restrained Robberies , which the licentiousness of the Wars had multiplied and encouraged ; and he himself did not long outlive these Exploits , but dyed of a Feavor in the Castle of Douglas . His Son William Douglas succeeded him ; One every way worthy of so Great and Virtuous a Father . In the mean time , when an Annual Truce was made betwixt the French , Eng●ish , and Scots near Bologne , in Belgium , and the French , who were commanded to give the Scots notice thereof , had neglected so to do ; the English Nobles , who bordered upon Scotland , thinking now they had a fit Opportunity to give their Enemy some notable and unexpected Overthrow , and not leave them any time for Revenge . They , before the Truce was published , gathered together Ten Thousand Horse , and Six Thousand Archers ; and so entring Scotland , under the Command of the Earls of Northumberland and Nottingham , they made a vast Havock of the Country , especially on the Lands of the Douglasses and Lindsays . The Scots , who upon the noise of a Truce , had laid aside all thoughts of War , were exceedingly offended , both at their own Negligence , and at the Perfidiousness of the Enemy , and resolved upon Revenge , assoon as they could . In the Interim , the noise of the English Invasion of Scotland , did Alarm the French , who were to give notice of the Truce , and put them in mind of their slackness therein . They , endeavouring by a late Festination , to make amends for their former Omission , came to London , even in the very height of the Invasion , where they were Bountifully and Nobly Entertained , and detained so long , by Kind and Friendly Invitations , till it was known that the English were returned out of the Enemies Country ; Then they were dismissed , and came into Scotland , where they declared their Message , as they were commanded . Whereupon , almost all the Nobility , especially Those who had felt the Loss , sustained by the late Inroad , did Murmure , Storm , and Cry out , That this Mockery of the English was not to be endured . The King did in vain endeavour to pacifie them , for he was willing to observe the Truce ; but they so long debated on , and delayed the Matter , till their Friends had privately Levied almost 15000 Horse , and then , on an appointed Day , Douglas , Lindsay and Dunbar , depart secretly from the Court , and joyning their Countrymen , invade England with a powerful Army ; They wasted Northumberland , even unto Newcastle , and returning th●ô the Lands of the Earl of Nottingham , and the Mowbrays , they spoiled all by Fire and Sword , that they could not carry away . Then , and not before , they returned home with a great Booty , and many Prisoners , and presently caused the Truce to be Proclaimed . About the end of the Truce , in the Year 1385. Monsieur Iohn de V●●nne , Admiral of the French Navy , was sent over by the King of France , with about 2000 Auxiliaries , of which an hundred were Curiassiers , Armed Cap-a-pee , and 200 which flung Darts out of Engines , called Cross-bows , in after Ages ; the rest were Foot , of a promiscous kind ; They brought with them Money for Six Months Pay , besides many Gifts and Presents ; and amongst the rest , 400 Suits of compleat Armour , to be divided between the most valiant Commanders ; Having first waited on the King , he , and Iames Douglas entred Northumberland ; and having demolished Three Castles , they would have proceeded further , but there was so much Rain fell that Autumn , that they were forced to return . Moreover , they heard a Report , that Richard the Second of England was coming against them , which hastened their Retreat . His Anger was more enflamed now against the Scots , than ever ; because they had not only made a desolating War upon his Kingdom , Themselves ; but had also sent for Foreigners to aid them ; and that in such a conjuncture of Time , when the French Themselves designed also to Land a vast Army in England ; whereupon , he gathered a very puissant Army together , consisting , as the English Writers say , of 60000 Foot , and 8000 Horse ; with this Force he resolved so to tame the Scots , that they should not , in many Years after , be able to Levy any considerable Army ; Besides , he Rigged out a great Navy , which were to bring Provisions into the Forth . For he knew , That part of Scotland , wherein he was to make his Descent , had been harassed , for many Years , by continual Wars ; And if any Provisions were left in it , that the Inhabitants would convey them away into the neighbouring , or other remote , Places . Add hereto , he was secure of the French , for he knew , that they would not put to Sea in a Stormy Winter . With those Forces he entred Scotland , sparing no Place , neither Sacred nor Profane ; no , nor any Age , nor Degrees of Men , if they were capable to bear Arms. In the mean time , Monsieur Vien , being more mindful of his Kings Commands to him , at his parting from him , than of the present posture of Affairs in Scotland , was earnest with Douglas to come to a Battel . He still answered him , That the Scots forbore to engage , not out of any Alienation of Mind from the French , but being Conscious of their own Weakness ; and thereupon , he took him up into an high Place , from whence he might safely take a view of the Enemy ; He , then perceiving the long Train of the English in their March , quickly turned to be of his Opinion . Whereupon , they both concluded , That , in the present circumstances , the best and only Way for them to incommode the Enemy , was , to gather together what Force they could , and so to invade England . Thereupon , they entred , far from the Kings Army , into Cumberland , and made a great Havock therein , and in the neighbouring Counties . The English , Winter being now at hand , and the Country of Lothian being spoiled by the War , ( for they durst not g●●ar from their Ships , lest Provisions should fail them ) consulted about their Return ; Some were of Opinion , that it was best to follow after the Scots in the Rear , and , in their Return , to compel them to Fight , whether they would or no. But those , who knew the Ways better , through which they were to march , replyed on the contrary , That there would be great difficulty in passing over such Marshes and Mountains , and sometimes narrow Places , wherein there was also so much want of all things , that a very few Men , and those nimble ones too , could carry Provisions enough with them , thô but for a few days , to finish the March ; and besides , if they should overcome those Difficulties , yet the next Country , which was to receive them , was not over-fruitful of itself ; and also , it had been wasted by the War. Again , if they should wade through all those Inconveniencies , yet they had to do with a nimble and shifting Enemy , whom it would be more difficult to find , and to bring to a Battel , than to overcome ; and , if they could find him out , yet he would not be compelled to Fight , but in his own Places of Advantage : That Edward the Third , his Grandfather , had Experience hereof , to the great Damage of his Own , and little Inconvenience of the Scots Army . Upon Hearing of this , as also casting in their Minds , what Miseries they might suffer in an Enemies Country , in a cold Winter ; and in the mean time , leave their Wives , Children , and what else was dear to them , desolate at home ; they changed their Minds , and marched back directly the same way , that they came . Thus both Armies had a free Time of plundering in their Enemies Country ; and each of them returned home again , without seeing any Enemy . The Scots , well knowing , That the English could not attempt another Expedition till the next Summer , resolved to attack Roxburgh , a Neighbour Town , and the Garison there , which was greatly annoyous to the Country thereabout . When they were ●ome thither , a dissension arose betwixt the Scots and the French , about the Town , even before it was taken . The French alleging , That , seeing by a large Experience in Wars at home , they were more skilled in the Methods of taking Towns , than the Scots ; and moreover , that they had spent a great deal of Mony in the War ; They therefore thought it but just , That , if the Town were carried , it should be Theirs , and remain under the Jurisdiction of France . On the contrary , the Scots urged , That it was very unjust , That Auxiliaries should reap the Reward and Benefit of the whole War ; and for what Expences they had been at , it had been spent rather on Themselves than the Scots , it being in order to distract and divide the Forces of England , and so to avert Part of the War from France ; and if the Friendly Offices on Both sides were put in the Ballance , the Scots might , upon juster grounds , demand the Charge of the whole War of the French , than the French could challenge any Reward for their Assistance , especially such a Reward , as no History , in the Memory of Man , doth relate either to have been demanded , or given , by Allys one to , or amongst , another : Yea , The Unjustness of their Demand appeared by This , That the Scots might have sate still in Peace , without being prejudiced by the English ; and so might have been Spectators only of the Wars betwixt Two potent Kings ; but the French could not have Obtained the same Quiet , unless they would have yielded up a good Part of their Country . Neither could they see , of what use that Town would be to the French , if they had it , save only to be as a Bridle ; that so the Arbitrement of War or Peace might be at their dispose ; and if That were their intent , it were more for the Profit , yea , and for the Credit too , of the Kings of Scotland , to be without the Town , than , on a Trivial occasion , to give up Themselves to a voluntary Servitude : But , if by so unequal a Postulation , they thought to excuse their Return home , which they sometime before attempted , there was no need at all of such a Blind , for as they freely came , so they had Liberty always , at their pleasure , freely to depart ; neither was it adviseable in the Scots to stay Them ; in regard they might easily foresee , their Service would be but small , if they were detained against their Wills. Hereupon , They retreated from Roxburgh without attaquing it ; and , whereas there had grievous Complaints been made betwixt Both Parties , before ; so , ( if matters should still continue at that Pass ) open Enmity did seem likely to arise . The Original of the Dissension arose from the different Custom and Carriage of either Nation , in managing of a War. For the Scots and English Soldiers pay honestly for what they take at their Quarters , and carry it amongst their Countrymen , as moderately and soberly in War , as in Peace . But the French otherwise ; where-ever they march , All 's their Own , as if they had publick Permission to Rob and Spoil ; for , they , having been accustomed to this kind of Life , think , they might lawfully do That , which Custom hath inured them always to do , heretofore : And therefore , before that time , there had often Quarrels , and sometimes Blows , happened betwixt the Scots and French ; These endeavouring to practise their wonted Rapacity ; and the Other not submitting to such an unaccustomed Servility ; so that as One snatcht away what was none of His ; the Other laboured to defend his Own. After this Disgust and Alienation of Minds at Roxburgh , the French Commissaries used greater Licentiousness than ever before , in gathering in Provisions , as intending shortly to depart ; and the Country-men , disdaining to be made a Prey to a Few men , and those Strangers , too , many times took away their Baggage and their Horses ; and the Officers and straggling Soldiers , sent out to Forage , were sometimes wounded , sometimes slain outright , by them . When Complaints hereof were brought to the Council ; the Countrymen answered with one Consent , That they were Treated more Coursly , and Robb●d , by the French , who called Themselves Friends , than by the English , their Professed Enemies ; and therefore they resolved , That they should not depart the Land , till they had made them Recompence for their Losses , neither could this obstinate Humour of theirs be stopt by the Douglasses , thô they were the most Popular men of that Age. Hereupon , the Army was sent back , but the General was detained , till full Payment was made . The French set Sail in the Calends of November ; the Scots , either tired with the Military Toil of the last Year , or satiated with the Spoils of so many Prosperous Expeditions , sate still all that Winter . But the next Spring , William Douglas , the Son of Archibald Earl of Galway , sailed over into Ireland , both to revenge at present the often Descents of the Irish upon the Coasts of Galway , and also to restrain them for the Future . This William was a Young man , the Eminentest in all Virtues both of Body and Mind , amongst all the Scots . He was a big-bodied Man , and had strength accordingly ; and his comely Beauty was accompanied with a Manly and Graceful Dignity of Presence ( which seldom happens in Bodies of that Bulk ) And moreover , his Successfull Exploits in War , did much recommend him ; for he oft-times , with a Few , would assault a greater Number of his Enemies , and come off a Conquerour ; Neither was he ever employed in any Expedition , but he gave evident Proofs of his Valour . These Excellencies , which , in some , are matter of Envy ; yet , in him , by reason of his Affability , Complaisance and courteous Modesty , were acceptable to All. And upon the account of those Virtues , tho' the King knew him to be Base-born , yet he bestowed his Daughter Aegidia upon him , in Marriage , a Woman of the rarest Beauty in those Times ; and one , who had been Courted by many of the Noblest Youngsters of the Court. With Her , he gave Nithisdale , the next Country to Galway , as a Dowry . He Landed his Men at Carlingford , a rich Town in that County , and the Suddenness of the Thing struck such Terrour into the Townsmen , That they presently sent out to him to Treat about Conditions of Surrender . Douglas entertained them courteously , and , in the mean time , as secure of the Enemy , he sent out Robert Stuart , Laird of * Disdeir , with 200 Soldiers to bring in Provisions into his Ships . The Townsmen , having gotten this time for Consultation , send for Aid from * Dundale . Five hundred Horse were sent , with whose help , they divided themselves into Two Bodies , and so drew forth against their Enemy , for , because they were so much Superior to them in Number , they thought presently to kill them all , and so to become Masters of their Ships , too . But both their Bodies were routed , the Town taken , plundered , and burnt ; Fifteen Ships , which rode in the Harbour , were laded with the Spoils of the City ; and , in his return home , he plundered the Isle of Man by the way , and so arrived at Lough-Rian , which divides Part of Galway from Carrick . There Douglas heard , That his Father was gone in an Expedition against England ; Whereupon , he hastned after him , as fast as he could . That Expedition was undertaken chiefly upon this Ground ; Richard of England , having entred Scotland the Year before , and spated nothing , either Sacred or Profane , at his return home , met with a Domestick Sedition , which had changed the State of his whole Kingdom . To heal this Mischief , he transfer'd the Government of the Provinces , and the management of Lesser Matters ( as is usually done in such Cases ) from one to another ; and by this means , the Fire of Hatred was not so much quenched , as covered in the Ashes , and likely soon after to break out , again : But , on the the contrary , Scotland enjoyed a Great , but yet uncertain , Tranquillity . For it was full of Young Soldiers , fit for War , and as fruitful and well-stored with good Commanders , as ever before . So that , the Nobility were desirous of a War , and , in all their Assemblys and Meetings , they still muttered , That so gallant an Opportunity to be revenged upon the English for their old Injuries , was not to be neglected , and that the English would never have omitted it , in reference to Scotland , if the Affairs thereof had been in the like Perturbation . But King Robert , being a Man of a quiet Disposition ; and , moreover , by reason of his growing and unweildy Age , not so forward for War , seemed not to be sufficiently concerned at the Publick Injuries : And his Eldest Son , Iohn , was naturally Slow , and , besides , Lame with the stroke of an Horse , so that he was not well able to endure the Hardships of a Camp. And therefore the Nobles made their Addresses to Robert , the next Son , Earl of Fife ; To whom they complained of the deplorable State of the Publick , and they all presently Concluded , That the wrong , lately received , was to be revenged , and therein every one promised his Chearful Assistance ; so that it was agreed , That a Levy of Soldiers should be made against the Nones of August next , but so secret , That neither King , either Scots , or English , should know thereof . But the English were quickly advertised by their Spies , of the Time and Place of Meeting ; so that they resolved to prevent their Enemy with the same Surprize . For they advised the rest of the Nobles with all their Followers to be in a readiness , not at any one day , but whenever there was need , that they might draw to their Colours . Matters being thus resolved on , when they heard , That the Scots , to the Number of 30000 , or , as Frossard will have it , of 40000 , were met together in Teviotdale , nor far from the Borders ; they resolved further , that ( seeing they were not able to encounter so great a Multitude ) they would attempt nothing before the Coming of the Enemy upon them . And in the mean time , to conceal their Project the better , every man was to stay at his own home , till they saw , upon what Country so great a Storm would fall ; and then , according to the Enemies Motion , they would steer their Cou●se , and ( as the Scots had done the Autumn before , in reference to England ) so now , they would enter into Scotland another Way , and repay Loss for Loss . In the interim , they sent a Spy to inform themselves fully of the Enemies advance , who was now so near them ; for they counted it highly conduceable to their affairs , to know , not only the Design , but even the very last Words , Resolves , and Actions , of their Enemies . He that was sent , differed nothing in Speech , Habit , or Armour from the rest , and so was easily taken for a Scots Man. So that , having found out every thing , which he desired to know , he was going to a Tree , where he had tied his Horse , to fetch him , and so to be gone ; but he found , that some Body had stollen and carried him away before ; so that he was fain in his Boots , Spurs , and Riding-Apparel , to undertake his Journey on Foot. Hereupon , the Matter began to be suspected , and when he was gone a great way , some Horsemen were sent after , to bring him back , as a Runagate ; when they came up to him , and demanded , Who , or What he was , and Why he went from his Colours in that Fashion ; he not being able to give a ready Answer , they brought him back to the chief Officers of the Army , to whom , for fear of a greater Punishment , he discovered all the designs of the English. When the Scots heard this , they also changed the Order of their Designs , they divided their Army so , That the greatest Part of it should march towards Carlisle , and that the Kings Two Sons , the Earls of Fife , and Strathern should command them ; to whom were joyned Archibald Douglas of Galway , and the Earls of Marr and Sutherland . The other Part was to enter Northumberland , under the Command of Iames Douglas , and the Two Brethren , Dunbars , George and Iohn ; the One Earl of Murray , the Other of Merch. Their Party consisted of 300 Horse , and 2000 Foot , besides Servants and Attendants on the Horse ; for every Horseman hath at least one Servant , who , being lightly armed , can run almost as fast as an Horse , and , when occasion is offered , can , with his Fellows , encounter an Enemy . When their Forces were thus divided , They , who marched towards Cumberland and Carlisle , carried all before them , by reason of the Numerousness of their Army , and met with no Enemy at all . But Douglas in the Devastations which he made , in the other Circuit , had not the same Fortune ; for he had so ordered the Course of his Expedition , as to take great , and yet secret , Marches ; and so passing over Tine , to pierce as far as Durham , before he gave his Army leave to spoil and plunder . This he did , with such Secrecy and Speed , That the English did not know , where their Enemies were , but by the Smoke of the Fires they had made . Percy , the Elder , was the Greatest man in Northumberland and the adjacent Countrys , both for Wealth and Power . When the News was brought to him , he sends Two of his Sons , Henry , and Ralph , very active Young men Both , before to New-Castle , commanding the rest to follow them thither . His Intent was , to stop the Scots in their Retreat , and to keep them from returning . But they , having spoiled the Wealthy County of Durham , returned home with a great Prey , and repass'd the Ti●● about Three Miles above New-Castle . There , the Commanders , being nobly descended in their own Country , as also desirous of Glory ; and besides , lifted up with their present Success , such as it was , thought it an Inglorious thing , in Them , to strike terrour only into Rusticks , and Pl●beians , if they did not also affright Cities ; Whereupon , they marched to New-Castle , and threatning to besiege it , they endeavoured by Contumelies and Big Words , to draw out the Enemy . When they had staid there Two Days , and some light Skirmishes , with various Success , had passed betwixt them ; There was one Combat , which , towards the Evening of the Last Day , attracted the Eyes of all the Beholders : And that was , a Duel betwixt the Two Generals ; for they , being , in a sort , equally matched , in respect of Lineage , Power , Age and Courage , had a mind to encounter each other , in the Sight of both Armies . Hereupon , a Challenge was sent , and they Both , Iames Douglas and Henry Percy , entred the Lists , and ran at one another with their Spears . Percy was unhorsed at first Brush , and Douglas got his Spear , but he could not touch his Person , because the English came in to his Assistance ; He shook the Spear , and cryed out aloud , so as he might easily be heard , That he would carry That , as a Trophy , into Scotland . So , the Combat being ended , the Scots kept very diligent Watch , in regard they were near a City , well-Peopled , and full of Enemies . The Day after , they retired towards Scotland , but very slowly , as being laden with Booty . As their Prey moved leisurely on , they themselves assaulted a Neighbour-Castle of the Enemies , carried and demolished it ; and from thence they marched to Otterborn , about Three Miles distant from Newcastle . There , they took Counsel concerning the Rest of their March. The Major Part were of Opinion , to March towards Carlisle , to meet the other Army , and so , not to Fight singly , ( as was , at first , agreed ) but to wait the Conjunction of Both Armies . But Douglas was minded to stay Two or Three Days in that Place , that so he might make a Real Confutation of the Vaunts of Percy , who had boasted , That they should never carry his Lance into Scotland . In the mean time , that they might not be idle , they would attaque the Neighbouring Castle . This Opinion , though it was judged by Many none of the best , yet , for Douglas his sake , they all submitted to it . And therefore they fortified their Camp for the present Occasion , which on one side was sufficiently guarded by Marishes , and and then proceeded on to take the Castle . But Percy being of a fierce Nature , that he might blot out the Ignominy he had received , would have followed him presently upon their Retreat , with those Forces which he had about him ; but the Graver Sort detained him , for fear of an Ambush ; for they did not think it probable , that so small a Number of Scots would have appeared before so strong a Town , unless they had more Forces , near at hand , hid in some secret Places . That Day and the next , they were busie in making Discoveries ; but finding , that there was no Danger of the Greater Army , as being far distant from Douglas his Party , thereupon Percy immediately , with Ten Thousand Fighting Men , put himself upon the March , without staying for the Bishop of Durham , who , that very Night , was expected with some Forces ; for , he thought , he had Force enough to overcome his Enemies , who were not half as many , as He. When the English came in Sight , some of the Scots were at Supper ; others , being wearied at the Taking of the Castle , had composed themselves to Rest ; but presently , an Alarming Word was given , To your Arms. Whilst the rest were arming themselves , the Major Part of the Foot , and many of the Horse-Mens Servants , making use of that slender Fortification they had , bore the Brunt of the English Assault . But the Horse had a great Advantage , in that they were sensible of the thing , before ; for , disputing among themselves , how they should entertain the Enemy when he assaulted them , ( for , an Assault they expected ) they saw , that a Neighbour Hill would be of great Conveniency to them . Thither therefore they Trooped about , and whilst the English were assaulting the Passage into the Camp , they fell in upon their left Flank , and made a great Slaughter , but a greater Noise : Yet , the English , having Men enough , brought up their Reserves , and quickly made good their Ranks again ; yet , that disorder did this good to the Scots , That the Fight before the Camp was managed more remisly , so that they had Liberty to draw out , and Range their Army in order of Battel . Whilst these things were doing , the Night drew on , but it was a short one , as it useth to be in Iuly , in the Northern Countries especially , and the Weather also chanced to be fair ; so that the Moon shining all Night , it was as bright as Day . The Fight was maintained Gallantly , as between Two Noble Champions , who were more solicitous for their Honour , than for their Lives . Percy endeavoured to redeem his Credit , and Douglas to maintain His , by a New Atchievement ; so that there was as much Eagerness on the one side , as on the other , though their Numbers were unequal , and so the Fight continued till it was late at Night . And then the Moon began to be Clouded , that Friend could not be discerned from Foe ; whereupon , they rested a while , to take a little breath ; and assoon as the Moon brake forth from the Clouds , the English pressed hard upon the Scots , so that they gave Ground , and Douglas his Standard was like to be lost . When the Two Patrick Hepburns , Father and Son , saw this , they hastned from the other Wing , and brake through the Ranks of their own Soldiers , and so pierced to the Front , where the main Danger was ; and there they began so fierce an Assault , that they gave and received many Wounds ; and in fine , brought back their Men to their former Ground , from whence they had been driven . Neither was Douglas content therewith , but with his Two Friends and Followers , Robert Hart , and Simon Glenduning his Kinsman , he rushed in amongst the midst of his Enemies , and being of a stout Spirit , as well as strong Body , made a great Slaughter wherever he came . His Friends strove earnestly to come up to him ; yet , before they could do so , he was mortally Wounded in Three Places , and lay upon the Ground ; Hart lay dead by him having a great many Wounds about him ; and the Priest , who had accompanied him in all his Hazards , when he fainted , defended his Body from Injury . In this Condition , Iohn Lindsay , and the Two Sinclares , Iohn and Walter , found him , and asked him , How he did ? Very well , said he , for I am a Dying , yet I do not Die like a Sluggard , upon my Bed , but as almost all my Ancestors have done ; and I have Three , my last , Requests to make to you : First , That you would conceal my Death , both from Friends and Foes . Secondly , That you would not suffer my Standard to be taken down . Thirdly , That you would Revenge my Death : And if you will do this , I shall bear the rest more contentedly . Whereupon , they in the First place , covered his Body with a Cloak , that it might not be known , and then they set up his Standard , and cried out , ( as the Custom is , ) A Douglas , A Douglas . At that Cry , there was such a Concourse made , and they ran in upon the Enemy with such Alacrity and Courage , that they drove him far away from the place of Battel ▪ For , at the Name of Douglas , not the Common Soldiers only , but Iohn , Earl of Murray , came in , as thinking things to be there in the greatest Danger . For , they had before routed that part of the Enemies Army they fought with , and taken Percy the Younger , who was much Wounded , and sent by them into the Camp , to be dressed of his Wounds , so that the Service being not so hot , in other parts of the Army , the Duglassians , which had run in to the Standard , routed the English , who were wearied with their Day-toil , and Night Fight ; and in the brunt , Henry Percy , their General was taken Prisoner ▪ When he was lost , the rest betook themselves to a confused Flight . There were slain of the English , in that Battel , 1840 , about 1000 wounded , and 1040 taken Prisoners . Of the Scots , there were 100 slain , and 200 taken Prisoners , in regard a Few in pursuit followed a greater Number of their Enemies . Iames Lindsay , perceiving Matthew Redman , Governor of Berwick , to be one of the straggling Flyers , judging him by the Goodness of his Army , to be One of the Principal Commanders , made presently after him ; when he had fled Three Miles , his Horse being weary , he thought he could not escape by Riding , and so he dismounted , and ran away on Foot. Lindsay did the same ; At last , after some Skirmish betwixt them ; the Englishman , not being so good at that kind of Weapon , yielded himself to Lindsay , who sent him home , having first taken his Oath , That he would return in 20 days . This was then the Courtesy of the Neighbour Nations towards their Prisoners , which , to this day , is punctually observed amongst the Borderers . And if a Man do not return at the Day appointed , This is his Punishment . In the Meetings which are made for Reparation of mutual Damages , he that complains how he was deceived , holds up the shape of an Hand or Glove , on a long Spear , that it may be seen of all ; That is counted the highest Brand of Infamy upon any Man ; so that He , who hath thus violated his Faith , becomes thereby detestable to his own Friends and Kindred , to such a degree , that no Man of any Quality will eat , or drink , or talk with him , or , so much as harbour him in his House . Lindsay , having dismissed his Prisoner on the forementioned Terms , perceived a great Body of Men before him , and Trooped up to them ; he knew them not to be Enemies , till he was so near , that he could not retreat , but was taken Prisoner . These were the Forces of the Bishop of Durham , who , coming late to Newcastle , and not being able to overtake Percy , not thinking that he would engage till the next Day , made an halt to refresh his Men , and , after they had supped , he renewed his March. But he had not gone far from the Town , before those , that run away , informed him of the Loss of the Day . Whereupon he returned into the Town , and advised with his Tenants concerning his Following the Scots . The Resolve was , That before Day-Break , they should all be in Arms ; and so , in the morning , there were Ten thousand Horse and Foot from the Neighbouring Places , a promiscuous multitude , which came in . They encouraged the Bishop to march the nearest way to the Enemy , and to give him Battel , alleging , That He was so wearied with his yesterdays Fight , and so many were wounded , and the rest secure by reason of their late Victory , that he might obtain an easie Conquest over them . The Earl of Murray , upon whom the Eyes of all were fixed , when Douglas was gone , was advertised of his coming by his Scouts , whereupon he consulted with his Chief Commanders about the Prisoners ; To kill them , in cold Blood , after they had given them Quarter , seemed cruel ; and to save alive a number of Enemies , almost equal with their own , seemed dangerous . The Resolve was , That they should all Swear not to stir , whilst the Battel was fought , and though their Friends might relieve them , yet they should continue and own themselves as Prisoners , still ; Upon these Terms , they were left in the Camp with a small Guard , who were commanded to fall upon them all , if any one did stir . This Matter thus setled , the Scots , being full of Courage , by reason of their Former Victory , marched out with their Army , being fortified and secured in the Rear with Marshes , and , on the Right and Left , with Trees which they cut down ; and moreover , the Word of Command was given , That as soon as the Enemy drew near , every Man should blow his Horn , which he carried behind him at his Back , which would make such a mighty Noise and Sound as was terrible of it self ; but , being multiplied by the Repercussion and Eccho of the Neighbouring Hills , gave forth the Representation of a Greater Force , than indeed they were . The English had marched very fast , and moreover were to fight amongst the dead Bodies of their own Men , being astonished at that horrible Noise , and also at the Alacrity of their Enemies , who stood in good Order over against them ; and besides , having no Skilful Commander over so tumultuary a Body , and also the Commander not much confiding on such a Raw Soldiery , they presently turned their Colours , and marched back , as they came . In the mean time , Lindsay , who , as I have said , was taken Prisoner , and left at Newcastle , being seen and known by Redman , was courteously treated by him , and set at Liberty without Ransom . The Scots , having passed over this sudden Brunt so easily , resolved to return home ; but before , they dismissed Ralfe Percy , who was much wounded , so that he could not endure the Jogging of an Horse , and sent him to Newcastle to be healed of his Wounds ; upon his Promise , That , as soon as ever he was able to ride , he would wait on the Earl of Murray , where he pleased to appoint ; and engaging his Faith thereto , as the manner is , he departed ; Seven hundred other Prisoners followed his example , and were released , on their Parol , upon the same Terms . Many of the Common Soldiers , who were like to be more burdensom , than beneficial , was dismissed gratis . Of the Nobler sort , Henry Percy , and almost 400 more , were detained , and carried into Scotland ; and shortly after , upon Payment of a Ransom set upon their Heads , they were all set at Liberty ; so that in that Age , as Ennius says , Men did not huckster out a War , but fought it out , as contending , mainly , for Liberty and Glory . Three days after , the Bodies of Douglas , and the other Great Commanders that fell , were carried to Mulross , and there magnificently interred . When the Tidings of these Matters were brought to the other Army , which was wasting Cumberland , it disturbed all their Mirth , so that the Joy conceived for their good Success , was turned into bitter Mourning . The Loss of Douglas did so affect all Military Men , that not only that Army which followed him , but this Other also , returned home in Silence and Sadness , as if they had not been Conquerors , but Conquered . The Publick Sentiment was also further increased , That he died without Children , and in the Flower of his Age ; and that almost He alone was deprived of the Fruit of the Victory , which he had gotten . His Estate fell to Archibald , Earl of Galway , Sirnamed the Austere , who also was a brave Cavalier , in his days . This is that memorable Fight of Otterborn , remarkable not only for the Magnanimity and Hardiness of the Commanders , and Soldiers , therein , and their Modesty in Victory ; but also for the various and changeable event of it : That the Conqueror , in the highest expectation of his Glory , was taken off by Death , and could not enjoy the Fruit of his own Labour ; And the Conquered General , though then discomfited and made a Prisoner , yet outlived this Battel many years , in great Glory and Splendour . It was Fought the 12th of the Calends of August , in the year of our Lord 1388. By this Victory , Matters were more composed and quiet both at home and abroad ; but , in regard the King , by Reason of his Age , was not fit to manage Business , and withal , understanding of the Reflection that was made upon him by reason of the late Expedition , which was undertaken without him ; and his eldest Son Iohn was of a slow nature , and addicted more to Ease , than to difficult Enterprizes ; he therefore Indicted an Assembly of the Estates , and made Robert , Earl of Fife , Deputy of the Kingdom , by the name of Governor ; yet , they , who managed that Office before him , were usually called Custodes , i. e. Keepers . When Henry Percy , eminent for Stock and Prowess , was Prisoner in Scotland , the Earl of Merch , commonly called Earl Mareschal , a Man fiercer in his Words , than Actions , was put in his Place : He , undervaluing the Scots Valour in the Fight of Otterborn , and also grievously blaming the Cowardize of the English , did thereby incur the Hatred of Both Nations . And indeed , Robert , Vice-King of Scotland , was so offended at his boasting Insolence , That he thought it a just Cause to make an Expedition against him . Hereupon he entred the Enemies Country , and with Archibald Douglas , then Earl of Douglas , marches directly towards the Enemy , who was reported to stay for him with a great Army ; when he came near him , he gave him opportunity to engage , which he declining , he sent a Trumpeter to him , to desire him to try it out in a plain Field ; but the Mareschal kept himself in his Fastnesses and Places unaccessible ; so that Robert , after he had shewed his Army some hours to the Enemy , sent them forth to pillage in the Neighbourhood ; and he ransacked those Places especially , which the Mareschal was wont to have his Residence in , and afterwards he marched them back , laden with Booty , without any Fight at all . This Expedition , though undertaken upon slight grounds , yet was very pleasing both to the English and the Scots , who Both rejoyced to see the vanity of the Man so to be confuted ; but he , to excuse the Matter , as often as Mention was made of it , did allege , That he did it for the Love of his Countrymen , as being unwilling to expose them to needless danger . At this very time , a Truce was made ; and Hopes of Peace between France and England by the Mediation of the Pope , and the Neighbouring Princes , on This Condition , That the Allies of Both might be comprehended by Name , viz The Portugals of the English side ; the Scots and Spanish Castilians , of the French's . King Robert , against the Advice of his Counsel , gave his single Assent thereunto , but upon no solid ground , for he was able to make neither Peace nor War , but by the Publick Advice of the Estates ; neither could he promise any firm Truce , without their Decree in the Case . Neither could the Nobility conceal any longer that hidden Grief and Disgust , which they had conceived against the French , who had only done them this Courtesie , ( the backward way ) that when they were to do Service against an Enemy , they would strike the Weapons out of their Hands ; and so take away the Fruit of a former Victory , and also the Hopes of a New. At last , after much dispute and quarrelling , the French Ambassador gained this Point , but with much ado , That the Scots should send Ambassadors into France , about the Matter , that so the Hopes of a Peace , so near at hand , might not be hindred by their Obstinacy . Robert the King lived not long after , but departed this Life in his Castle called * Dundonald , in the Year of Christ 1390 , the 13th of the Calends of May. He lived 74 Years , and Reigned 19 Years and 24 Days . This King managed Wars by his Deputies , and usually with good Success ; he was present in few Battels himself , which some impute to his Age , others to his Cowardize ; but all say , That he was a very Good Man , and , in the Arts of Peace , easily comparable with the best of Kings . He administred Justice , diligently and impartially to all ; he severely punished Robberies . In his Actions , he was Constant ; in his Words , Faithful . He undertook the Kingdom in troublesome times , yet he setled things at home , appeased Discords , and governed with great Equity and Justice , and he got such Conquests over his Enemy , that he reduced all the Castles they had , but Three . After his Death , Tumults arose , where they were least expected . Alexander , Earl of Buchan , the youngest of the Kings Sons by Elizabeth More , fell into a deadly fewd with the Bishop of Murray , upon a light Occasion ; and when he could not come at him to kill him , he wrecked his fury upon the Church of Elgin , ( which was then , one of the fairest in all Scotland ) and burnt it down to the Ground . The same Year , William Douglas , Earl of Nithisdale , ( who , as I said before , for his Valour , was made the Kings Son in Law , ) was slain at Dantzick , on the Vistula , by some Ruffians , who were sent to perpetrate the Murder , by Clifford of England . For Douglas , when Matters were quieted at home , that he might not lye lazie and idle , intended for the Holy War ; and in * Borussia , he gave such Proof of his Valour , That he was made Admiral of the whole Fleet , which was a Great and Magnificent One , and , withal , well accommodated . But a Quarrel arising between him and Clifford , grounded upon Old Emulations , because he gruded him that Honour , he sent him a Challenge , to Fight with him , Hand to Hand . But the Challenger , perceiving , into what an Hazardous Adventure he had run himself , by that Challenge , before the set time came , caused him to be slain by hired Assassins . The Tenth BOOK . Robert III. The Hundred and First King. ROBERT the Second , was Succeeded by his Eldest Son , Iohn , in the Ides of August , and Year of our Lord 1390. He was called Iohn , till that time ; but then , by the Decree of the Estates , his Name was changed into Robert ; whether it were for the Misfortunes and Calamities of Two Kings , called Iohns , one of France , the other of England : Or , for the Eminent Virtues and Felicity of Two Roberts , both in Peace and War , who lately Reigned in Scotland , as Authors are silent in , so I will not determine . The Excellency of this Robert , was , That he rather wanted Vice , than was Illustrious for any Virtue ; so that the Name of King was in him , but the management of all publick Affairs rested on Robert , his Brother . In the Beginning of his Reign , there was Peace abroad , by reason of the Three Years Truce , made with the English ; which , a while after , was enlarged for Four Years more . But at home , a Sedition was begun , by Duncan , or Dunach , Stuart . He was the Son of Alexander , Earl of Buchan , the Kings Brother ; and was every jot as feirce , as his Father ; who , upon the Death of his Grandfather , imagining now , that he had a fit opportunity for Rapine and Pillage , got a Band of Roisters about him , and , descending into Angus , spoiled all , as if it had been an Enemies Country . Walter Ogilby , and Walter Lichton his Brother , endeavouring to oppose him , were slain , with Sixty of their Followers . They being lifted up with this Success , did afflict the Country more grievously than ever ; but hearing of the approach of the Earl of Crawford , whom the King had sent to restrain their Insolence , the nimblest of them fled speedily to their lurking Holes ; of those who made not so much hast , some were slain , some taken , and afterwards put to Death . Thus the Wickedness of these Unquiet and Turbulent Men , being hindred from breaking in upon the Plain and Champion Countries , they fell out most grievously amongst Themselves , at their own homes . And especially , Two Families of them did exercise great Rage and Cruelty , one upon another . They refused to end their Fewds by course of Law ; or , to refer them to indifferent Arbitrators . So that the King sent Two Earls to suppress them , Thomas Earl of Dunbar , and Iames Lindsay , his Father being Dead , now Earl of Crawford : These Commanders , considering they were to engage against a feirce and resolute People , who valued not their Lives , nor the Pleasure thereof ; so that they were not likely to subdue them by force , without great Slaughter of their own Men ; they therefore resolved to try what they could do by Policy . And thereupon , they accosted the Clans of both Families a part , and represented to them , what danger would accru to Both , by their mutual Slaughters one of another ; and if one Family should extirpate the other ; yet , that was not likely to be effected , without the Great Damage , even of the Conquering Side ; and if either Party should prevail , yet the Contest would not end so ; For then they were to engage the King's Forces , ( tho' they were weakned before by their mutual Conflicts ) of whose Anger against them Both , they might be justly sensible , because he had sent them with Forces to destroy them Both , even before they had severely , and irrecoverably , engaged against one another . But in regard , they were more desirous of their Preservation than their Ruin , if they would hearken to them , they would shew them a Way , How they might be reconciled , with the King 's good Liking , and that on no dishonourable Terms , neither ; no , nor unrevenged one upon another , To this Motion they seemed inclinable , so that the Condition was proposed ; That 300 of each side should Try it out in Fight before the King , Armed only with their Swords . They that were Conquered , should have an Amnesty for all past Offences , and the Conquerors should be Honoured with the King's Favour , and the Nobles , too . Both sides were well pleased with the Terms ; so that a day was fixed for the Combate , and at the time appointed , the Heads of the Families , with their Parties , came to Court , and part of a Field , on the North side of the Town of Perth , which was severed from the rest , by a deep Trench , was appointed for the place of Combate ; and Galleries built round for Spectators . Hereupon , an huge Multitude was Assembled together , and sate ready to see the Dispute ; but the Fight was delayed awhile , because one of the 300 , of the One Party , had hid himself for Fear , and their Fellows were not willing to engage without having just an equal number with their Adversaries ; neither was any one found to supply the Place of him who was absent ; And of the other Party , not a Man would be drawn out , or exempted from the Fight , lest he might seem less valued , and not so couragious as the rest . After a little pause , an ordinary Tradesman comes forth , and offers to supply the Place of him , that was absent , Provided , That if his Side Conquered , they would pay him halfe a Gold Dollar of France ; and also , provide for him afterward , as long as he lived . Thus , the Number being again equalled , the Fight began , and it was carried on with such great Contention , both of Body and Mind , as old Grudges , inflamed by new Losses , could raise up in Men of such fierce Dispositions , as were accustomed to Blood and Cruelty ; especially , seeing Honour and Estate was propounded to the Conqueror ; Death and Ignominy , to the Conquered : The Spectators were possessed with as much Horror , as the Combatants were with Fury , as detesting to behold the ugly and deformed Mutilations , and Butcheries , of one anothers Bodies ; the Detruncation of their Limbs ; and , in a word , the Rage of Wild Beasts , under the shape of Men. But all took notice , that none carried himself more valiantly , than that Mercenary and Supposititious Hireling , to whose Valour a great Part of the Victory was to be ascribed : Of that Side that he was of , there were Ten left alive , besides himself , but all of them grievously wounded : Of the contrary Faction , there remained only One , who was not wounded at all ; but , seeing there was so much odds , that he alone must encounter with so many , he cast himself into the River Tay , which was near at hand ; and in regard , his Adversaries were not able to follow him , by reason of their Wounds , he escaped to the other Side . By this means , the forwardest of Both Parties being slain , the promiscuous Multitude , being left without Leaders , left off their Trade of Seditioning , for many Years after , and betook themselves to their Husbandry , again . This Fight , or Combat , happened in the Year 1396. About Two Years after , in an Assembly of the States at Perth , the King made David his Son , being 18 Years before old of Rothes , and Robert his Brother Earl of Menteith , and Fife Dukes of Albany . This vain Title of Honour then was first Celebrated in Scotland , a great increase to Ambition , but none at all to Virtue ; neither did it afterwards thrive with any , who enjoyed it . The King would have bestowed the same Title of Honour upon the Earl of Douglas also ; but he being a grave and solid Person , absolutely refused that nominal Shadow of empty Honour ; and if any Man told thim , that he should be a Duke , he rebuked him sharply for it : Some say , That the Name of Governour , which was given by his Father to Robert the Kings Brother , was this Year confirmed by the King ▪ as also That the Family of the Lindsys had the Earldom of Crawford added to their former Honours : But they do not fully clear , Whether the Name of the First Earl of that Family were , Thomas or David . The next Year after , Richard the Second , King of England , was enforced to resign the Crown ; and Henry the Fourth , succeeded him . In the Beginning of his Reign , before the Truce was quite ended , new Seeds of War with the Scots were sown . George Dunbar , Earl of Merch , had betrothed his Daughter Elizabeth to David , the King's Son , and had already paid a good part of her Dowry . Archibald Earl of Douglas storming , That so powerful a Man , and his Corrival , should be preferred before him , alleging , That the Consent of the Estates was not obtained in the Case , ( which no Man ever remembred , but was asked in any of the King's Marriages , before ) offered his Daughter Mary , with a larger Dowry ; and , by means of Robert the King's Brother , who could do All at Court , He brought it about , that the Condition was accepted , and the Marriage was Consummated by the Decree of the Estates . George was much affected at this Injury , as well as Reproach , and made great complaint to the King ; but , seeing what was once done , could not be undone , he desired , at least , the repayment of the Dowry . This his just Demand being denied , and perceiving , that he was not like to obtain any Right , in regard the Minds and Ears of all the Court were prepossessed by his Rival , he departed upon very angry , yea , threatening Terms , and so giving up the Castle of Dunbar to Robert Maitland , his Sisters Son , he went for England . Robert presently yielded up the Castle to an Herald , sent by the King to demand it , and Douglas was admitted into it with a Garison , so that when George returned home , he was denied entrance . Hereupon , he took his Wife , Children , and some intimate Friends , and returned into England . Being there , as he was a Man powerful at home , and famous abroad , he joyned Counsels with Percy , a mortal Enemy to the name of the Douglas's ; and in regard , he was well beloved by the bordering Scots , of which , many were either his Tenants , Allies , or otherwise obliged to him , he made an Inroad into the whole Province of Merch , and drove great Preys from the Country , especially from the Lands of the Douglasses . The King of Scots first proclaimed George a Publick Enemy , and confiscated all his Estate ; next , he sent an Herald to England , to Demand , That he might be given up as a Fugitive , according to the League made betwixt them ; and also to complain of the violation of the Truce . Henry of England gave a peremptory Answer to his Demands , That he had given the Publick Faith to George for his Protection , and that he would not break his Royal Word ; as if a private Pact with a Runagate were more Religiously to be observed , than That which had been publickly confirmed by Embassadors and Heralds ; for the Days of the Truce made with Richard , were not yet expired . In the mean time , Henry Percy , the Younger , called Hot-Spur , and George Dunbar ceased not to infest the Neighbouring Lands of the Scots with their Incursions . Which when they had often and successfully done , their Boldness encreased with their Success ; so that , gathering 2000 Men together , they entred Lothian , and made great havock about Hadington . They besieged Hales-Castle , but in vain . When they came to Linton , ( a Village scituate on the Tine , a River of Lothian ) they were so disturbed at the sudden Coming of Douglas against them , that they left their Prey , and all their Baggage behind them , and ran away in such Fear , that they never stopp'd , till they came to Berwick . This was done about the beginning of February , in the Year 1400. The same Year , upon the return of the Herald , War was denounced against England , and then also Archibald Douglas , Sirnamed the Austere , a man inferiour to none of his Ancestors in all kind of Praise , fell sick and died , in a very bad time for his Country , which had lately lost , by sundry misfortunes , so many brave Generals , before . His Son , of the same Name , succeeded him . In the Ides of August , the English King , with great Forces , entered Scotland . When he came to Haddington , he stayed there three days , and then marched to Leith ; and staying there as many days , he laid Siege to the Castle of Edinburgh . The Governor led an Army against them , but very slowly ; so that it easily appeared , that he did not much care , if the Castle of Edinburgh were taken by the English ; and in it , David , the Kings Son. For , by this time his wicked Ambition did begin to shew it self : For , he undervalued his Brother , as an effeminate Person , and sought the Destruction of his Children , as much as he could , that he might enjoy the Kingdom , himself . So that their Loss he counted his Gain . But the King of England , and his Army , on the contrary , did Exercise their Enmity very moderately ; as if , by an Ostentation of War , they had only sought for Peace ; for , having made some sleight Onset on the Castle , he raised the Siege , and returned home , without doing any considerable damage to the Places , thro' which he marched ; insomuch , that , in his Marches both backward and forward , he got the Praise and Commendation of a mild , clement , and moderate Enemy ; he was courteous to Those ▪ that surrendred themselves ; he offered no violence to consecrated Places ; yea , he rewarded those bountifully , who had formerly entertained his Father . All which did more ingratiate Him , and render the Governor more odious ; in regard he did not prosecute the War with any Eagerness , as against an Enemy ; nor yet , endeavour to make so easy and beneficent a King , his Friend . After Henry was returned for England , George Dunbar did still trouble the Borders rather with frequent , than great , Inroads . To suppress him , there was more need of a diligent , than numerous , Force , and therefore Douglas divided the Forces of each County into small Bands , and appointed Commanders over them ; who , by turns , were to stop the Enemy ; or , if they saw cause , to Fight him . The First lot sell upon Thomas Halyburton of Birlington , who took a great Booty from the Enemy , out of the Lands near to * Bamburgh . But Patrick Hepburne , who wandred further abroad with a greater Band of men , had not the like Success , for trusting too much to the Numbers of his men , and not being very wary in his Retreat with his Prey , he was cut off by the English , and , with him , all the flower of the Lothian Soldiery . Archibald Douglas , to revenge the slaughter of his Friend , by the consent of the Governor , gathered above Ten thousand men together , abundance of the Nobles accompanied him in his March , and amongst them Murdo , the Governors Son ; when they came to Northumberland , at New-Castle upon Tine , they passed the River , and spoiled the Country with Fire and Sword ; but there encountring with Henry Percy the Younger , and George Dunbar , in a pitch'd Battel , they were overcome , many of the Nobles were slain , Douglas was taken Prisoner , having lost one of his Eyes ; so were also Murdo , Earl of Fife ; Thomas , Earl of Murray ; and George , Earl of Angus , with many other Noble and Illustrious Persons . And indeed , the strength of Scotland was not so much weakned 〈◊〉 any one Fight , for many years before , as it was in This. It was fought at Homeldon , a Town in Northumberland , in the No●es of May , and Year of Christ 1401. Percy , having obtained so notable a Victory , resolved to subject all the Country , which lay betwixt Northumberland and the Forth , to the English Scepter ; and , he thought it would be a work of no great difficulty so to do , in regard most of the Nobility of those Countrys were either slain in the Fight , or held Prisoners by him . Thereupon , beginning with Cocklaw , a Castle in Teviotdale , the Governor agreed , That unless the Castle was relieved by the Scots in forty days , he would surrender it up . When these Conditions was brought to the King , and then to the Governor , some were of Opinion , that the Castle should be surrendred , in regard it was not of That Consequence , as , for the sake thereof , to hazard the strength of the Kingdom , a second time , which had been so sorely shal●en and weakned in the late Fight . This Dejection of spirit proceeded , not so much from Fear of the Enemy , as from the Perfidiousness of the Governor , who gaped for the Kingdom . He , on the other side , to avert all Suspicion from himself , in high confident Words affirmed , That this Cow-heartedness and Confession of Publick Fear , would more encourage the Enemy , than the loss of a Battel . And if any one thought , That the English would be contented with the taking in of One Castle , they were very much mistaken ; for , as Fire is more encreased by a light Aspersion of Water , so the desire of the English , upon Surrender of some Places , would not be extinguished , but rather inflamed to the Taking of more , so that What was given up at First , would be but a Step to a further Progress : But , ( says he ) if all of you refuse to march out , for the relief of the Castle , I my self will go alone ; for as long as I live , and am in health , I will never suffer such a Mark of Disgrace to be branded on the Scotish Name . Upon this stout Speech of the Governors , the rest , either extinguishing , or dissembling , their Suspicion , cryed out , That they would follow H●m . But Fortune decided the Controversy , and blew off that danger ; For Percy was called back to the Civil War in England , and so the Siege was raised without Blows . Whilst these things were acted abroad , against the Enemie matters stood ▪ less prosperously at home ; For shortly after the Death of Archibald Douglas , the Year before ▪ there immediately followed the Decease of the Queen Annabella , and of Walter Trayle , Arch-Bishop of St. Andrews , insomuch , that all mens minds did presage a great Mutation of Affairs . For the splendour of Military Matters was upheld by Douglas ; the Ecclesiastical Authority and Resemblance ( such as it was ) of Ancient Discipline , by Trayle ; and the Dignity of the Court , by the Queen ; as did soon appear by what happened , after her death . For David , the Kings Son , was a Young man of a fierce Disposition , and enclined to Wantonness and Lust. The Indulgence of his Father encreased those Vices ; for , tho' he had not Authority enough to maintain the Reverence due from him to his Father ; yet , by the diligent Monitions of Those , who were appointed to be his Tutors in his Youth , but much more by the Counsel and Advice of his Mother , his Youthful Heats were somewhat blunted and restrained ; but , when she was dead , he , as new freed from this Curb , returned to his own Manners and Lustful Courses ; for , laying aside all shame and fear , he took away other Mens Wives by Force ; yea , and Virgins too , tho' well descended , and Those that he could not persuade by fair means , he ravished by Compulsion ; and , if any one endeavoured to stop him in his libidinous ways , he was sure to come off , not without Punishment . Many Complaints were brought to his Father about These his Exorbitancies ; so that he wrote to his Brother , the Governour , to keep him with him , and to oversee his Conversation , until his Lustful Spirit did abate : And till he gave some hopes of his Amendment of Life . The Governour had now an Opportunity put into his hands , to effect that , he most desired , which was , ●o destroy his Brothers Issue ; so that , he met David , three Miles from St. Andrews , and carried him into the Castle thereof , which he kept in the nature of a Garison , after the Arch-Bishops death : After a while , he took him out from thence ▪ and carried him to his own Castle of Falcoland ; and there shut him up close Prisoner , intending to starve him . But that miserable death , which his Uncles Cruelty had designed him to , was prorogued and staved off for a few days , by the Compassion of Two of the Female Sex : one was a Maid , and Virgin , whose Father was Governour of the Castle and Garison . She gave him Oate Cakes made so thin , that they would be folded up together , ( as 't is usual in Scotland , so to make them ) and as often as she went into the Garden , near the Prison , she put them under a Linen Vail , or Hood , which she did , as it were , carelesly cast over her Head , to keep her from the Sun , and thrust them into the Prison to him , thro' a small Crany , rather than a Window . The other was , a Country Nurse , who Milked her Breast , and , by a little Canale , conveighed it into his Mouth . By this mean fare , which served rather to encrease , than kill , his hunger , his wretched Life and Punishment was protracted and lengthned out for a little while ; till , at length , by the vigilance of the Guards they were discovered and put to Death . The Father mightily abhoring the Perfidiousness of his own Daughter , whilst he endeavoured to manifest his Faithfulness to an unfaithful Regent . The Young man , being thus left destitute of all human Support , having , by Force of Hunger , gnawed and torn his own Flesh , died at length more than a single kind of Death . His End was concealed from his Father , thô it were commonly known abroad , because no Man durst to be the Messenger of such sad Tidings to him . But to return to the Affairs of England , as far as they are intermixed with Ours . When Percy , and a great Number besides of the Nobility , had conspired to make War upon their own King , he agrees with Douglas , whom he still held Prisoner since the Battel of Homeldon , That , if he would improve his Interest , by assisting him against the King , as strenuously and as faithfully as he had before done against him , he would set him at Liberty , without ransom , which Douglas frankly promised him to do , as being willing to omit no Opportunity of service against the English King. Hereupon , he gathered some of his Friends and Tenants about him , and prepared himself for the Fight , wherein he behaved himself as stoutly , as he promised to Percy ; so that , without regard to the Common Soldiers , his Mind , and Eye , was wholly intent upon the King only ; and , in regard , there were several Commanders cloathed in Royal attire , which was done on purpose by the English , either to deceive the Enemy , if they should press hard upon him ; or else , that the Soldiers , in more places than one , might find him a present witness of their Courageousness or Cowardize : Douglas took notice of One of these , who had Gallant Armour , and rushed in upon him , with all his might , and so unhorsed him . But he , being relieved by those who were next , he did the same to a Second , and a Third , who were all attired as Kings , ( thus Edward Hall , the English Writer affirms , as well as Ours ) so that he was not taken up so much with the Apprehension of his own danger , as with a wonderment , from whence so many Kings should start up , at once . At length , after a terrible and bloody Fight , Fortune turned about , and the King won the day ; Douglas was sore wounded and found amongst the Prisoners ▪ and whereas many urged to put him to death , the King saved him , and did not only commend his Faithfulness to his Friend , but also rewarded him for his Valour , and , when his Wounds were cured , after he had staid some Months with him , upon the Payment of a great sum of Money he was released . In the mean time , the Scotish King heard of the death of David his Eldest Son , by the unnatural Cruelty of his Uncle . The Author was sufficiently pointed at by private whisperings , tho' no man dared publickly to accuse so potent a man. Whereupon , the King sends for his Brother , and makes an Expostulation with him concerning the matter ; He had prepared his Tale before-hand , and charges others with the Guilt of the Young Mans death ; as for him and his , they were ready , forsooth , whenever the King pleased , to plead and assert their Innocency , in a due course of Law ; as for the Murderers , some of them he had taken already , and the others he would diligently look out . Thus the matter being brought to Examination in the Law. The Author of the wickedness Summons a Council , sets up an Accuser , and he who was impleaded as Guilty , was by them acquitted , as Innocent of the Murder . The King imprecated a most dreadful punishment from the God of Heaven above , to be poured down on him and his Posterity , who had committed that horrid Wickedness : And thus being overpressed with Grief and bodily Weakness he returned to Bote , whence he came . The Suspicion was encreased in him , That his Brother had committed the Parricide , tho' he was too powerful to be brought by him to Justice and Punishment , for the same . But he , like a strong dissembler , brings the supposititious Authors of the wickedness out of Prison , and put them to Cruel deaths ; 't is true , they were Lewd Persons , yet Innocent of that Particular Fact , for which they suffered . In the interim , the King advised with his Friends , how he might preserve Iames , his Youngest Son , for whose safety he was very solicitous , and whom he had left in the custody of Walter Wardiloe , Arch-Bishop of St. Andrews , an honest man and faithful to him ; They gave their Opinion in the case , that he could not be safe in any part of Scotland , and that therefore it was best to send him over to Charles the IV. King of France , the old Ally , and only Friend , of the Scotish Nation ; for he could be Educated no where more safely and honourably , than there : The fresh Example of David Bruce stuck yet in their Minds , who , in dubious and troublesome times at home , had there , for some years , an Honourable retreat and Entertainment . Hereupon a Vessel was prepared , and he put on bord at the Bas● , a Rock rather than an Island . Henry Sinclare , Earl of the Oreades , was sent with him , as his Guide or Rector ; whilst they were compassing the shore , he Landed at the Promontory of Flamburgh , either driven in by Tempest , or else to refresh himself on shore , from his S●●-Vomit and Nauseation ; There he was detained by the English , till they sent to their King , who commanded , that he should be brought up to Court : So that neither the Law of the Truce , which was made a little before , for 8 years , nor the supplicating Letters of his Father did prevail , but he was kept , as a Lawful Prisoner . For his Father , at his departure , had sent Letters by him to the King of England , ( if possibly he should be necessitated to land there ) wherein he made complaining , and lamentable discourses , both of his own , and also of the common fortune of all Mankind . But , tho' the King of England were not ignorant of the Inconstancy of human affairs ; yet the old grudge against the Nation of the Scots more prevailed with him , than either the respect of the Youth 's Innocent Age , or the Tears of his grieved Father , or the dignity of the Kingly Name , or the Faith of the Pacification and Truce . For having referred the matter to his Council , how he should treat the Son of the King of Scots being arrived in his Dominions , Those , who had any regard to Equity , and were weary of the present War , inclined to the milder Opinion , viz. That the Royal Youth , who fled from the Cruelty of his own Countrymen , and was now their Suppliant , should be hospitably and Friendly Entertained , That so a feirce Nation , and unconquer'd by the War of so many Ages , might be won and wrought over to a Reconciliation , by Courtesie . For this , they thought , was the most solid and firm victory , not when Liberty was taken away by force , but when Minds are united by the indissoluble bond of Amity . Others were of contrary Opinion , That he might be lawfully detained as a Prisoner ; either , because many of the Scots Nobility had Personally assisted Percy in the Insurrection , which he made against the King ; or , because his Father had Entertained and Relieved Percy the Elder , when he was Banished and Condemned , as a Traitor in England . This Opinion ( as commonly the worst things do ) prevailed , th● they that were present at the Consult knew well enough , that those Scots who fought against the English King in Percy 's Insurrection , were not sent by any Publick Commission from the King , but came out of their private Affection to Douglas , who was then also in Percy 's Power . They might also have remembred , what Henry himself had answered to the Scots , a few Years before , when they demanded George Dunbar to be given up ; yet notwithstanding , they stuck to this last Opinion , as commonly in the Courts of Princes , a false pre●ence of Advantage doth weigh down Honest and Righteous Counsels ; Yet , in one thing Henry dealt Nobly and Royally with his Captive , That he caused him to be Educated in Learning , and Good Discipline : This Calamity of the Son was brought to his Fathers Ears , whilst he was at Supper , and did so overwhelm him with Grief , that he was almost ready to give up the Ghost in the Hands of his Servants , that attended him : but , being carried to his Bed-chamber , he abstained from all Food , and in 3 Days dyed for Hunger and Grief at Rothesay , which is a Town in the Island Bote , in the 16th Year of his Reign , in the Calends of April , and Year of Christ , 1406. He was Buried at the Abby of Pasley . This Robert , for tallness of Stature , and for the Beauty and Composition of his whole Body , was inferior to none of his Contemporaries . His Life was very harmless , and there was no Virtuous Accomplishment , fit for a private Man , wanting in him , so that it may be truly said of him , That he was a better Man than a King. After the King's death , the Government of the Kingdom was setled upon Robert his Brother , by the Decree of all the Estates ; who had many things in him worthy of that Office and Dignity , if , out of a blind Ambition to Rule , he had not used unjust Courses to hasten to the Throne . He was Valiant in War , Prudent in Counsel , Just in Judgment , Liberal to the Nobles , and Tender in Levying Taxes on the Commons . The same Year , Percy the Elder again entred into a Conspiracy against the King , to revenge upon him the deaths of his Brother and Two Sons , who had been slain ; but his Design was discovered , many of his Accomplices taken and put to death , and he himself , for fear , fled into Scotland , that from thence he might pals over into Flanders and France , to procure Auxiliaries to renew the War. In the mean time , Henry , the King of Englands Son , made great Incursions into Scotland , both by Land and Sea ; when he was returned home with a great Boo●y , the Castle of Iedburgh which the Enemy had kept from the Fight in Darham to that day , was taken by the Commons of Teviotdale , Pillaged , and then , by the Governors Order , wholly demolished : And George Earl of Merch , who had done much damage to his Countrymen , in behalfe of the English , being not able to procure from them Aid to recover his Own , nor an honest Maintenance amongst them neither , pacified the Governor by his Friends , and so returned home , yet he lost part of his Patrimony , viz. his Castles in the Loch-Maban , and Annandale , which were given to Douglas , for the Losses he had sustained : and thus all Offences were forgiven on both sides , and he passed the rest of his Life , in great Concord with his Neighbours , and faithful Subjection to his King. The next Year , Percy , after he had made a vain and fruitless Peregrination over France and Flanders , returned into Scotland , to his old Friend the Earl of Merch ; by whom he was courteously Entertained , and Accommodated , according to his Estate : There he Transacted by private Messengers , about returning into his own Country , and , amongst the rest , he wrot to Ralph Rokesby , his Ancient and Faithful Friend , as he thought , That he did not want Force , both of Scots and English , who were ready to assist him to recover his Ancient Patrimony ; provided , that he would joyn in his assistance with them . This Ralfe was , at that time , Sheriff of Yorkshire , so they there call the Officer which presides in Chief over Juridical Assemblies . He enticed Percy to him , upon pretence of giving him Aid , and then discovered the Conspiracy to the King. Thus his Friend was betrayed by him , his Head cut off , and sent to the King at London . There was also , at that time , a certain Englishman in Scotland , who called himself Richard the Second , but , I judge , falsly . For when Percy , the Elder , did often and earnestly desire to speak with him , he would not , by any persuasion , be induced thereunto , fearing , as may be guessed , left his Imposture might be detected by a Man , who so well knew his King. Yet he was , for some Yearss , Treated , as one of the Blood-Royal : and that he might live more securely , he feigned himself most averse from any desire of enjoying the Kingdom . But at last he was Buried in the Church of the Franciscan-Fryers at Sterlin . The Title of the King of England being inserted in his Epitaph : ●ot long after , Fastcastle , a very Strong Castle ( as the Name intimates ) in Merch , was taken from the English by Patrick Dunbar , Son to George , and therein Thomas Holden Governor thereof , who had infested all the Neighboring Places of Lothian , with his continual Thievery . And moreover , in Teviotdale , William Douglas , and Gawin Dunbar , youngest Son to the Earl of Merch , had broken down the Bridge of Roxburgh , and burnt the Town ; but they attempted not the Castle , because they were destitute , and unprovided , of all things , necessary for a Siege : But the next Year after , which was 1411. Donald the Islander , Lord of the Aebudae , claiming Ross as the next Heir ( for so indeed he was , ) as unjustly taken away from him by the Governor , when he could get no Right , he Levied 1000 Islanders , and made a Descent on the Continent , and so easily seized on Ross , the whole Country being willing to return to the Subjection of their own just Master : But this Facility of the Rossians , in submitting to him , gave him ( whose Mind was greedy of Prey ) Encouragement to attempt greater Matters . For , he passed over into Murray , and there being no Force to defend it , he reduced it to his Obedience , and then passed further in his Depredations into Strath-Bogy , and did threaten Aberdeen : Against this suddain and unexpected Enemy , The Governour gathered Forces , but , in regard , the Greatness and Propinquity of the Danger did not admit the expectancy of slow-paced Aid , Alexander Earl of Marr , the Son of Alexander , the Governours Brother , and almost all the Nobility , beyond the Tay , at a Village called * Harlaw , set themselves and their Men in Battel-array against him . The Fight was Cruel and Bloody , for the Valour of many Nobles did then contend for Estate and Glory against the Savage Cruelty of the opposite Party ; At last the Night parted them , and it may be rather said , That they were Both weary with Fighting , than that either Party had the better ; so that the event of the Fight was so uncertain , that when Both sides had reckoned up , how many they had lost , each counted himself the Conqueror . In this Fight there fell so many Eminent and Noble Personages , as scarce ever perished in one Battel against a Foreign Enemy , for many Years before : And therefore the Village , which was obscure before , grew Famous therefrom , even to Posterity . This Year also , Publick Schools began first to be opened at St. Andrews , which was effected , rather by the consent of Learned Men , who made an overture at the Profession of Science , than by the Occasion of any Private or Publick Assistance . The next 10 Years , there was hardly any Memorable thing acted betwixt the Scots and English , either , because there was a Truce made , which yet Authors are silent in ; or , because Henry the 4 th Dying on the 12 th of the Calends of April , and his Son Henry , the 5 th , presently succeeding him , being all the rest of his Life , intent on the Affairs of France , the English abstained from offering any Injury to the Scots . And besides , the Governour of Scotland did not dare to stir on his side , for fear , lest the English should bring back upon them the true Heir of the Crown , whom , he knew , many of the Scots would close with , out of the Commiseration of his Misfortunes . Therefore , what Inroads were made , at that time , were rather like Robberies than Wars . For both Penrith in England was burnt by Archibald Douglas , and Dunfrize in Scotland , by the English : And also there was an Exchange of Prisoners made , Murdo , the Governours Son , taken at Homildon Fight , was exchanged for Percy , who , when his Grandfather's Party was subdued in England , was brought into Scotland , and left with the Governor ; But upon the New King 's coming to the Crown , he was restored to the Dignity of his Ancestors . He , though he were not properly a Prisoner by the Law of Arms ; yet the unjust detention of Iames , Son to the King of Scots , stopt the mouths of the English , that they could not justly complain of any injury , in the Case : As for Percy himself , he was so far from resenting it , that as long as he lived , he acknowledged the Civility and great Friendship of the Scots to him , in all kind of mutual Service . Moreover , the same Year , another Embassy came from the Council of Constance , the Head whereof was the Abbat of Pontiniack ; and another from Peter Lune , who had seized on the Papacy , and as pertinaciously kept it . He , by Henry Harding , an English Franciscan , had wrought over the Governor to his Party , but in vain , for the whole Body of the Priesthood was against him ; for they , having assented to the Council of Constance , had subscribed to the Election of Martin the Fifth . In the mean time , the King of France , by means of a violent Disease , fell besides himself , and his Distemper was encreased by the Monks , who pretended to Cure him . By which means , France was divided into Two Factions . The Head of the One , was the Duke of Burgundy , who having slain the Kings Brother , drew him to the English Party . The Head of the Other , was , the Kings Son , who being disinherited by his distracted Father , was called by his Enemies in a jeer , the King of Berry , because he usually kept himself at Burges in Berry , a Town of the Bernois . He being forsaken by a great part of his own Country Men , and destitute also of Foreign Aid , in the Year 1419. sent the Earl of Vendosme , his Ambassador to the Scots , to demand Aid of them , according to the League made betwixt the Two Nations : The Assembly of the Estates ordered him Seven Thousand Men , and indeed , at that time , in regard the Soldiers were increased by reason of the long Peace with England ; it was no hard matter , to make up such a Number of Men , being only Voluntiers . Iohn , Earl of Buchan , the Governours Son , was made General of the Forces , and many eminent Persons followed him ; but Archibald Earl of Wigton , the Son of Archibald the Second , Earl of Douglas , was far more eminent than all the rest . When they came into France , they were sent by the Dolphin , ( so they call the Eldest Son of the King of France ) into Turein , a Country very plentiful in all sorts of Provision , and near to the Enemy : For the Duke of Clarence , Brother to the King of England , was then in France , instead of the King himself , and made great Havock of the Country of Anjou , whose Inhabitants remained in their Obedience to the French King. And it was thought , he would have come as far as the Town of Beujeu . This was done Two Days before Easter ; whereupon the Scots , thinking , that the General would cease from any Military Action those few days of that Feast , ( as the custom is ) and apply himself to Ecclesiastical Duties ; or , ( as others say ) presuming upon an Eight Days Truce , which was made , carried themselves more securely , than otherwise they were wont to do . The Duke of Clarence was informed thereof , either by Andrew Fregose , an Italian ; or else , by some Scots Foragers , whom his Horse had taken Prisoners , and having gotten a fair opportunity for Action , ( as he thought ) he rose up presently from Dinner ; and , with his Horse only marched toward the Enemy , he himself , besides his other Gallant Furniture and Armour , had a Royal Diadam on his Head , beset with many Jewels . Some few French , who were quartered nearest the Enemy , in a Village called Little Beaujou , being terrified with his sudden coming , fled into the Tower of a Church adjoyning ; whilst he was assaulting of these , the Alarum was given to the rest of the Army , and presently , in great dismay , they all cryed out , To your Arms. The Earl of Buchan , whilst the rest were sitting themselves , sent out 30 Archers , to take possession of a Bridge , which was the only Passage over a Neighbour River . There a Skirmish begun , and Hugh Kennedy , who quartered in a Church hard by , came in to them , with One hundred Men , who in so sudden a Fright were but half-armed . This Party with their Arrows hindred the Horse from passing over ; whereupon Clarence , with the forwardest of his Men , leapt from his Horse , and maintained the Combat on foot ; so that , in a Lusty Charge , they repelled the Scots , who were some unarmed , and some but half-armed , from the Bridge , and this opened the Passage for his Men. In the mean time , whilst Clarence was mounting his Horse , and his Men were passing the narrow Bridge , a few at a time ; the Earl of Buchan , was at hand with 200 Horse ; who being very earnest to shew themselves on Both sides , a sharp Fight began , with equal courage and hatred : For the Scots were glad , that they had gotten an Opportunity , to give the first Proof of their Valour , and so to refute the Reproaches of the French , who were wont to upbraid them , as Men given more to Eating and Drinking , than Fighting . The like Reproach do the same French use to cast upon the Britains ; The Spaniards , on the French ; and the Africans , on the Spaniards : On the other side , the English took it in great disdain , That they should be attack'd by such an implacable Enemy , not only at home , but even beyond the Seas ; and so they fought stoutly , but none more fiercely than Clarence himself ; He was known by his Armour , Iohn Swinton ran at him , and , with his Lance , grievously wounded him in the Face ; and the Count of Buchan also smote him with a Truncheon , and struck him from his Horse ; when he was fallen , the English ran away , and were slain in the pursuit , even until night . This Battel was fought the day before Easter , when the days are short in cold Countries , a little after the Vernal Equinox . There fell of the English in the Fight , above 2000 , amongst which were 26 of eminent Rank . Many Prisoners were taken of good Accompt in their own Country ; and , especially , some of the Dukes Allies : Few of the Scots or French were lost , and those of no great Note , neither : This is the most common report concerning the Death of Clarence , but the Pluscarty Book says , that he was slain by Alexander Maccasland , a Knight of Lennox , who took off the aforesaid Diadem from his Head , and sold it to Iohn Stuart of Derneley , for 1000 Angels of Gold ; and he again pawned it to Robert Huston , to whom he owed 5000 Angels ; This , he says , was the Vulgar Opinion : The chief Praise of this Victory was ascribed to the Scots , neither could their greatest Detractors deny it . Whereupon Charles , the Dolphin , created the Earl of Buchan Lord High Constable , which is the highest Office in France , next the King : The rest of the Commanders had also Honours bestowed on them , according to their Rank , and Valour . Whilst these Things were acted in France , in the year 1420 , Robert , Governor of Scotland , died the same year , in the Third of the Nones of September , and Fifteen years after the Death of King Robert , the Third : His Son Murdo succeeded in his place , a Man of a sluggish disposition , and scarce fit to govern his private Family , much less the Common-wealth : So that either by his Slothfulness ; or else , his too much Indulgence , he so spoiled his Children , ( for he had Three ) that , in a short time , he brought both them and himself into great Calamity , and , at last , Destruction . This change of Domestick Affairs caused the Earls of Buchan and Wigton , with many of their Kindred , to return from France : But Matters being soon setled at Home , the Dolphin recalled the Earl of Buchan , who , with his Son in Law Archibald , Iames his Son , and the Flower of the Scotish Soldiers , sailed into France , leaving his other Son , the Earl of Wigton , behind him , who , being grievously sick , could not follow him : They landed with 5000 Soldiers at Rochel , and so came to the Dolphin at Po●ctou , where they were joyfully received , and Douglas was made Duke of Turein . When Henry of England heard of the Death of Clarence , he substituted Iohn Earl of Bedford , his other Brother , in his place , and sent him before into France with 4000 Horse and 10000 Foot. He himself followed soon after , and took with him Iames , King of Scots , in the Expedition : thinking , by that means , either to insinuate himself with the Scots , who fought against him in France ; or else , to render them suspected to the French : But he obtained neither of his Ends , nor could he prevail with them , at the desire of their own King , so much as to return home , and to be Newters and Spectators only , of the War : For , addressing to all the Garisons held there by the Scots , They made him one General Answer , That they could not acknowledge him for their King , who was under the Power of another Man : Henry , being offended at their Peremptoriness and Constancy , having taken the Town of Meaux , by Storm , hanged up 20 Scots , which he found there , alleging , That they bore Arms against their own King. Soon after , He and Charles the Sixth , King of France , died , immediately one after another . About Two years after , the English prevailed in a Battel at Vernevil , where there were slain of the Prime Scots , the Earl of Buchan and Douglas , one Duke of Turein , the other Master of the Horse to the French King ; and also Iames Douglas , his Son ; Alexander Lindsay , Robert Stuart , and Thomas Swinton ; and , of Common Soldiers above 2000. And about three years after , the Auxiliary Scots received another great Overthrow at Beaux , when they were carrying Provisions to Orleans . They set upon the English in the way , in which Fight there were slain of Scots of note , William Stuart with his Brother , and two eminent Knights of the Family of the Douglas's , whose Posterities do yet enjoy two Castles , and large Possessions about them , in Scotland , viz. one of them , the Castle of Drumlanerick , and the other the Castle of Lough Levin in Fife . Thus have I briefly touched at the Actions of the Scots , performed in a few years in France , as External and Foreign Occurences , the farther Explication of them is to be had in the French Annals , which though they be not quite alien from the Affairs of Scotland , yet I had not stepped out of my way to mention them , if the calumny of some English Writers had not compelled me so to do : For they endeavour to undervalue and speak evil of what they do not deny ; if Histories did not mention their Atchievements , yet the Munificence of the Kings , the Decrees of the Cities , and the Honourable Monument at Orleance and Turein do sufficiently declare them ; What , I pray , can they here object ? The Scots , say they , are too poor to maintain so great a Force in a Foreign Country : I answer , First , That if they be Poor , it is the fault of the Soil , not of the Men ; neither would I have taken this for a Reproach , if it did not appear by their Writings , That the English intended it for Such ; and therefore , I shall only answer them with this : That these Poor and Indigent Scots ( as they call them ) have got many great and famous Victories over the Opulent and Wealthy English : And if they do not believe me herein , let them consult their own Histories ; and , if they suspend their Belief of them also , let them not require of us , to receive them for True in other things . But to return to the Affairs of Scotland . Murdo being set up , as I said but now , in the place of his Father , he maintained a very loose Discipline in his own House , his Children ( whose Names were Walter , Alexander , and Iames ) did despise their Inferiors , and consequently oppress them with many Injuries , and they infected the Youth , with those Vices , to which they themselves were addicted ; and seeing their Father did not curb nor restrain them , at last he was punished himself for giving them such bad Education . The old Man did highly prize a certain Bird he had , of that sort of Hawks , which they call Falcons : Walter had often begg'd him of his Father , and was as often denied ; so that upon a time , he catched it out of his Fathers Hand , and wrung off his Neck . To whom his Father replied , Because thou can'st not find in thy Heart to obey me , I will bring in another , That both thou and I too shall be forced to obey . And , from that time forward , he bent his Thoughts to restore his Kinsman Iames ; and there was an Eminent Man of Argile , chief of the Country , named Calen Cambel , whom , before , Walter had affronted and wronged , who approved of his Design herein ; so that , he assembled the Estates at Perth , and a Consultation being had concerning the Revocation of their King ; They all , either out of Favour to the true Heir of the Kingdom , or out of Weariness of the present posture of Affairs , willingly agreed to send an Embassy about his Restitution : Some Nobles were chosen Embassadors , who coming into England , found the English more inclinable to it , than they expected : For the Duke of Gloucester , who , in the Kings Minority , governed the Affairs of England , called the Council together , and easily persuaded them , That Iames , Son to the King of Scotland , should be sent back , at the desire of his People , into his own Country ; seeing , he was not , in his present posture , of so great Authority amongst them , as to be able to recal the Scots Auxiliaries out of France , or to draw any Part of the Kingdom to an Alliance with England . And besides , he thought to make another advantage of him , That he would not only be his sure and fast Friend , but would always be under the power and influence of England , for he had Married Ioan , the Earl of Salisbury's Daughter , the Beautifullest Woman of her Time , ( which he then was mightily in Love with ) he persuaded himself , that , by her means , the League with France might be easily undermined ; and , if he were freed , either he would be obliged by that Courtesy ; or else , whilst he was busie in revenging the Wrongs his Kindred had done him , he would intangle his Country in a grievous intestine War ; and , by this means , it would come to pass , That either the English would be made stronger by the Accession of such a Friend ; or , if their Scotish Enemies disagreed amongst themselves ; yet , they should be more disingaged , and readier for a Foreign War. And , indeed , these were no imprudent Considerations , if they themselves , by the Narrowness of their Spirits , had not marred their own Market . For seeing they demanded a greater Sum of Money , for his Redemption , than the Scots , in their present Circumstances , either durst promise , or were able to pay , a Compremize was made , That the Dowry of his Wife should be retained , as for One half , and that the Sons of some Noblemen should be given in Hostage , for the payment of the Other . Iames , being set at Liberty upon these Terms , returned home , 18 years after he had been a Prisoner , in the year of our Lord 1423. Amidst the great Concourse of People , which flocked in , to see him , and to Congratulate his Return , he was soon entertained with the Complaint of those who grievously lamented , what Wrongs they had sustained since the last Kings Death , partly by the Negligence , and partly by the Injuries of the late Governors : Walter , the Son of Murdo , Malcolm Fleming , and Thomas Boyd , were highly accused , who , to pacifie the Commons for the present , were committed to several Prisons , until the next Convention of the Estates , which was appointed to be the Sixth of the Calends of Iune . But Fleming and Boyd upon payment of Damages , and some kind of Compensation ; and also upon laying down a round Sum , which they were Fined at , into the Kings Exchequer , were set at Liberty . James I. The Hundred and Second King. IN the mean time , the King , with the Queen , was Crowned on the Eleventh of the Calends of May ; he being placed in the Chair of State , by his Cousin Murdo , ( an Office belonging to the Earl of Fife . ) A while after , many profitable Laws were enacted for the Good of the Publick , but especially to restrain Robberies ; which , by the Licentiousness of former times , had grown to such an heighth , that Laws and Magistrates were despised , as if Right had been only in Arms. Afterwards , they consulted how to raise the Kings Ransom , for , seeing the Publick Treasure was very low , by reason of so many Wars , the Governours having pardoned the Offendors , and bestowed Rewards on good Patriots , so that the Kings Revenue being Mortgaged , and Money taken up thereupon , he could not pay it of his Own , but was forced to crave Aid of his Subject● ; And indeed , the Nobles , whose Sons were left Hostages , easily obtained , That an Act should pass to that purpose ; but , in the payment of the Money , there was not so ready an Obedience . For , upon a Valuation of all Moveables , a Twentieth part was imposed , which , in so great a want of Money ; yet Plenty , and consequently , Cheapness of other things , seemed intolerable to Men , who were not accustomed to Taxes : And who also were more concerned at the Example for the future , than for the present Damage : And moreover , the higher Sort were calumniated by the Vulgar , as if they had cast too much of the Burden upon the Shoulders of the Poor . But that which troubled the Commons most , was , the short Day appointed for the payment of the Tax , for it was Commanded to be brought in within 15 Days ; and if any one did not pay , his Cattel were to be seized upon , either by the Lord of the Mannor , or the Sheriff of the County . And if any one alleged his being in Debt , or in Arrears of Rent to his Landlord , the Exception did not avail to abate his Contribution : And the Mischief was increased by the Severity and Harshness of the Collectors , who did not only thus vex the People ; but , by false Reckonings ; or , upon the accompt of Charges , they deducted a great part of the Money , which was Collected for the Publick Use : Besides , the Imposition seemed more Grievous , because the former Governours had been very remiss and moderate in their Levies and Cessments , that so they might insinuate themselves into the Love of the Commons , and thereby keep them off from designing the Restitution of their Lawful King : And for that cause , it was , that when the Assembly had given Liberty to Robert , the King's Uncle , to Levy a Tax , he , to ingratiate himself with the Commonalty , refused to let it pass into an Act , affirming , That he had rather pay down so much Money of his own , than that the Commons should be burdened on such an account . When the King had exacted the First Payment , which came in very hardly , and with the Ill-will of the People , who complained , That besides the burden of the Wars , they had these new Taxes imposed upon them , he forgave the rest . In this Assembly , Murdo , Duke of Albany , Walter and Alexander his Sons ; Dunac Earl of Lennox , his Son in Law , and Robert Grame , who some Years before had killed the King , were taken , and committed to Prison ; so were 24 more of the Cheif Nobility , but the rest were not long after set at liberty ; Murdo only with his Son , and Son-in-law , being retained in Custody . The same day that Murdo was taken , the King seized upon all his Castles , as Falcoland in Fife , and Down in Menteith , out of which , his Wife was carried to the Castle of Tintallon in Lothian . Iames his youngest Son , hearing of the Havock of his Family , gathered a Band of Men together , and burnt the Town of Dunbarton , and slew Iohn Howard ( the King's Uncle ) Sirnamed Rufus , and 32 of his Followers ; and then he fled into Ireland , where he dyed shortly after . And also Finlaw , Bishop of Lismore , one of the Dominican Order , who fled with him , and was his Counsellor in all his Affairs , departed this Life there . The Wife also of Walter , with her Two Sons , Andrew , Alexander , and Arthur a Base-born Son , fled into Ireland also , who , in the Reign of Iames the Third , returned again , and were Endowed with great Honour . The same Year , in an Assembly of the Estates at Sterlin , Murdo , with his Two Sons , and Son-in-law were had out of Prison to be Tryed , according to Law ; the Procee , dings were after the Custom of the Country , which was This. Some Man , Eminent for Wisdom and Authority , is chosen out , to be President of the Court , and he hath at least Twelve Assessors joyned with him , who are to hear the Crimes Objected , and to pass Sentence on the Prisoner , or Party accused , according to their Oaths . These Judges are usually of the same Quality with the Party accused : Or , at least , of the next Condition to him , as near as may be : The Prisoner hath Power to except against his Judges , till the number of 12 , and sometimes more , be compleated ; and when the Crimes are weighed , the Sentence is Pronounced , according to the Majority of Voices . In this Case , Judges were chosen after the same manner , it is not much material to mention their Names , ( but certainly , they were Persons of Repute , and some of them nearly related to the Accused ) but the Prisoners were condemned by them of High Treason . The Two young Men were put to death the same Day ; Their Father and Grandfather by the Mothers's side , the Day after , on a little Rising Hill , over against the Castle of Sterlin : There is a constant Report , tho' I find it not mentioned in History . That the King sent to Isabella , Wife of his Cousin-German , the Heads of the Father , Husband , and Son , to try , whether so fierce a Woman , out of impatience of Grief ( as it sometimes comes to pass ) would not reveal the Secrets of her Mind : But tho' She was much disturbed at the suddain Spectacle , yet She gave no intemperate Language , onely Answered , That if the Crimes Objected were True ; That the King had done Iustly , and according to Law. When the Assembly was ended , Iohn Montgomery , and Humphry Cuningham , were sent by the King to take a Castle , which was held in the Name of Iames Stuart , the Fugitive , and they reduced it accordingly . And not long after , Iohn Stuart of Dernely , ( who , when the Scots Commanders in France were destroyed , several ways , was made General of the Horse amongst them ) together , with the Arch-bishop of Rhemes , came into Scotland , to renew the Antient League with the French , and to contract a Marriage between Lewis the Son of Charles the Seventh , and Margarite , Daughter of Iames , Both of them yet but Children . Which Matters being Accomplished the next Year , which was , 1426. All Scotland was subdued within the Mount Grampius : And the King took heart to proceed further in his Conquests . And First , he caused the Castle of Inverness to be Repaired , which is situate in a convenient place , in the furthest part of Murray . Two Years after , he went thither to Administer Justice , and Suppress Robberies ; thither he sent for the Chief of all the Families , especially of those who were wont to issue out with great Troops , and fetch in Booties from the Neighbouring Countries : And when he had subdued them , he laid Taxes on them , and made the Commonalty provide Victuals for them which were Idle , themselves ; Some of those Robbers had 1000 , some 2000 , some more Pattizans , at their Command , whereby Good People were kept under for fear of Danger : And the Bad , who found a sure Refuge amongst them , were made more bold to commit all manner of Wickedness : The King had persuaded most of them , some by Threatnings , others by Flatteries , but he committed about 40 of the chief of them to Prison , and , upon Tryal , Two of the most Eminent , Alexander Macrory , and Iohn Macarthur were hanged up , also Iames Cambel was put to death for the Murther of Iohn the Islander , one of Note in his Country ; The rest were divided into several prisons , of which some afterward suffred , and others were freely set at Liberty . Thus the Heads of the Faction , being either Slain or kept Prisoners ; the King judged the Common sort , being deprived of their Leaders , would not stir , and therefore he persuaded them by kind and gentle words , to do that which was just , and to place the hopes of their safety upon no other Basis , as firm and secure , but Innocency of Life . If they would do so , he would be always ready to honour and reward them ; if not , they might take Example by the Punishment of others , and , most certainly , expect the like Themselves . When other Matters were thus composed ; yet the King had still with Him , Alexander the Islander , one of the most potent Persons in the Land , next the King himself ; for he Commanded over all the Aebudae ; and besides , he had an Accession of the fertile County of Ross , by means of his Mother , who was Daughter to Walter Lesly , Earl of Ross. He having committed many cruel and flagitious Acts , was thereupon in great Fear of the King , whom yet he found very exorable , by the Mediation of his Friends ; insomuch that he was courteously invited to Court , kindly entertained there ; and having obtained an Amnesty for what was past , great Hopes of Favour were propounded to him , if he would inure himself to a more quiet and obedient Carriage and Deportment for the time to come , and so he was sent home . But he was so far from being thankful to the King for his Pardon , and afterwards for his Liberty , that , he thought , he had Great wrong done him , that he was kept some days in Prison . And therefore , as soon as he was returned to his old Comrades , he gathered a Company of Them together , who were accustomed to live upon the Spoil , and went to Innerness , in a seemingly peaceable manner ; where being hospitably entertained , he suffered his Followers to pillage the Town , and after he had set fire to the Houses , he laid Siege to the Castle ; but , hearing of a Force coming against him , was compelled to raise his Siege , and march in great haste to Loch-Abyr . There , by reason of the opportunity of the Place , he resolves to put himself upon the Fortune of a Battel , with that Army which he had with him , which were 10000 men , hardned to the Wars . But Two Tribes or Clans of Those , who followed him chearfully to the Plunder , when they heard of the Kings Preparations made against them , deserted him ; to wit , The Catans and the Camerons , called vulgarly , Clan-Chattan , and Clan-Cameron . Being thus deprived of Part of his strength , and having no great Confidence in the Fidelity of the rest , he began to think of hiding himself again , and so , dismissing his Army , he retired , with some few into the Aebudae , and there consulted concerning his Flight into Ireland . But , presuming , that even there he could not be safe from the wrath of the King , he thought it best to fly to his last Refuge , viz. the Kings Mercy and Clemency ; which , before , he had so large experience of : But here his Thoughts were at a loss betwixt Hope and Fear ; when he considered , what Mischiefs he had done at his first Revolt ; and , after the King had graciously pardoned him , with what perfidiousness and cruelty he had again broke forth , and so had cut off all hopes of further Indemnity ; and , therefore was in great Doubt and Perplexity , whether he would commit himself , his Life and Fortunes to the Kings Anger , so justly conceived against him . In these Circumstances , he resolved to take a middle Course , between Flight and Surrendring himself , which was , to send Agents to Court , to beg Pardon for his Offences ; and to incline the Kings Heart to Lenity towards him . And , for this Service , he chose quiet , moderate , Men , and not at all infected with the same contagious Villanies , whereof he himself was Guilty ; and on that account , not unacceptable to the King ; yet notwithstanding , they could obtain no other Answer from him , but That he would hear nothing unless he would put himself into his hands ; neither would he Treat with him , as long as he was absent . Alexander cast up all his dangers in his mind , and foreseeing , that he could be safe no where from the Kings Fury , resolved to choose a fit Time and Place , and so to cast himself upon him ; for , he thought , he would count it a shame to injure , or punish , an humble Supplicant . Whereupon he comes privately to Edinburgh , where the King then was , and on the day wherein our * Lord's Resurrection is celebrated with great Solemnity , he threw himself at the Kings Feet , having a Linen Cloak , or Plad , about him , wherewith he was rather covered than cloth'd , and in a Speech composed to procure pity , put himself into his hands , and begg'd his Life and Estate . His Habit , the Place and Time , and so great and sudden a Change of Fortune , did much affect the By-standers . The Queen and the Nobles , who were present , interceded with the King for him , and did so far incline and affect his Mind , That they were commanded to stay , till their Devotions were ended . In the Interim , the King pondered every thing with himself , and thought it not safe to dismiss so perfidious , potent , and Factious a Person , without any Punishment at all ; and yet , on the other side , to make some Gratification to the Request of the Queen , he thought it best to keep him alive , in safe Custody ; for , by this means , he might gain an Opinion of Clemency ; and also prevent his opportunity to do further Mischief ; provide for the security of the Common People ; and withal terrify others by his Example . Hereupon he was sent Prisoner to Tintallon-Castle , and his Mother , a fierce Woman , was Banished into the Isle of Inch-colm . For it was thought , That she would have excited him to new Attempts . The Licentiousness of Alexander being thus repressed , yet all things were not quiet in the Northern Countrys . For the men of Caithnes and Cameron , who , the Year before , had deserted Alexander , fell out grievously amongst themselves ; and fought one another with so great eagerness . That many of Caithnes were slain , but the Cameronians almost all lost . Also in the Aebudae , where 't was thought Things would be quiet by reason of Alexander's Exile , yet new Commotions were raised by Donald Balock , Cosin-German to Alexander , on pretence to revenge the wrong done to his Kinsman . To quell this Insurrection , Alexander and Alan , both Stuarts ; One Earl of Caithnes , the Other of Marr , gathered some of their Countrymen together , and went into Loch-Abyr to meet Donald , ( for the Report was , that he would make his descent there ) where they waited his Coming . He , perceiving that they kept no Order , but were without Tents or Guard , in the Fourth Watch landed his men without any Noise , and so set upon them unexpectedly whilst they were half a sleep , and made a great slaughter amongst them . Alan , with almost all his Brigade , was lost there ; and Alexander , with a Few , saved his Life by Flight . Donald was exalted with this Success , and so wasted all Loch-Abyr , with Fire and Sword , no man daring to oppose him ; but , at length , hearing , That the King was making towards him with a greater Force , he trussed up his large bundles of Pillage , sent them a Shipboard , and returned into the Aebudae . The King marched as far as Dunstafnage after him , and there saw the ruin and fearful devastation which had been made ; whereupon he conceived great wrath in his Breast , and was about to pass over into the Islands ; but the Chiefs of their Families came with their humble Supplications to him , alleging , That there was no general guilt in the Case , because nothing had been acted by publick Advice , but all the fault lay at Alexanders own door , and of some indigent and lewd Persons besides , that sided with him . The King answered , he would not admit of their Excuse , unless they would apprehend the Authors of those wicked Pranks , and deliver them up to him to be punished ; when they had promised to do their endeavour therein , the King let some of them go , to find out the Thieves ; the rest he kept in the nature of Hostages : Those , who were dismissed slew many of the Thieves , and brought 300 of them Prisoners to the King , ( Donald himself , for fear of Punishment , being fled away ) who caused them all to be hanged . This punishment of the Robbers , tho' for the present , it made things a little more quiet in the Aebudae , and the Neighbouring Parts ; yet , the unquiet dispositions of some wicked and turbulent Persons would not suffer that Calm to be long-lived . The King , at the desire of his Nobles , had released Two of the Augus's , Duffus , and Murdo , Commanders of the Thieves . These turned their Fury upon one another , meeting in equal Numbers ( for each of them maintained about 1500 Partisans , out of the Rapines of the People . ) They fought so obstinately , that there was scarce any one left , on either side , to be Messengers of the Slaughter made ; for 't is said , that , on the one side there were but Twelve , on the other but Nine left alive ; so that the King , who was equally Angry with Both , had scarce any left of them to inflict Punishment upon . And yet their Calamity did not restrain one Macdonald from his wonted Fierceness . He was a noted Robber , born in Ross , whose wicked Disposition was excited by the Impunity of the Former Times ; so that he , ( as we say ) play'd Rex , along time , among his Neighbours . Amongst the rest , they say , he committed one Fact , superlatively Cruel . A Widow-woman being robbed by him , grievously bemoaned her Case , and ever and anon cryed out , that she would complain to the King ; Wilt thou so , says he ? Then to the intent thou mayst better compass thy Journy , I my self will assist thee , and so calling a Smith , he caused him to nail Horse-shoes to the Soles of her Feet , and , not contented with that wrong , he added also contumelious and jeering words , telling her , now that she was more fenced against the roughness of the ways , and , in a mockery , he shewed her thus shod to those that passed by . The Woman being of a fierce and stern disposition , and rather enraged than terrified by his Reproaches , as soon as she was able to go , went to the King , and declared to him the Matter of Fact. The King had heard of the same , before , by others ; and he having then the Authors in Prison , bid the Woman be of good chear ; for she should speedily see the same Punishment inflicted on the Inventors of it ; and hereupon , he caused Mackdonald , and Twelve of his Complices , to be brought out of Prison , and to have their Feet shod with Iron-Nails , and so to be carried Three days about the City , a Cryer going before , and declaring the Cause of this new Punishment ; then the Captain was beheaded , and his Twelve Associates hanged , all their Bodies being set upon Gibbets in the High-ways . These new Crimes , which a Pardon , once obtained , had not prevented , made the King more eager to find out Donald the Islander . And therefore , being informed that he lay concealed in a Noblemans House in Ireland , he sent Messengers to him to give him up to Punishment , the Nobleman fearing , that if he should send him away alive , thro' so long a Tract both by Land and Sea , he might possibly make an escape , and then his Maligners might allege , that it was done by his Connivence , caused him to be slain , and sent his Head to the King by his own Messenger . Open Robberies being thus diligently suppressed , the King endeavoured to extirpate some hidden Crimes and evil Customs ; and to accomplish this Work ; he made choice of eminent Persons , much commended for their Prudence and Sanctity , giving them Power to Travel all over the Kingdom , to hear Complaints ; and if their were any Offences complained of to them , which ordinary Judges , either for Fear durst not , or for Favour and Affection would not , intermeddle with , then They themselves should hear the Case , and determine it . And moreover , he added to them , One , who was to correct and rectify Weights and Measures , a Thing very necessary ; seeing , then , not only every City , but almost every House , used a different kind of measure ; In a Parliament he made wholesome Laws to this purpose , and caused Iron Measures to be set up in certain Places , and sent out one to all Markets and Fairs , who was to regulate all the Measures according to that Standard , and a grievous Punishment was denounced on him , who used any other Measure , than That which was publickly thus Signed and Marked . Whilst he was Transacting these things for the Publick Good , in the year 1430. the Fourteenth day of October , his Queen was brought a Bed of Twins ; and thereupon a publick Rejoycing was made , and the King , to add something to the Popular Mirth , forgave former Offences to some Noblemen , the Chief whereof , were , Archibald Douglas , and Iohn Kennedy , who , because they had spoken too rashly and unadvisedly concerning the State and Government of the Realm , were made Prisoners , Douglas in the Castle of Loch-Levin , and Kennedy in the Castle of Sterlin . And , as a farther Testimony of his Reconciliation to Douglas , he made him Godfather ( as we call him ) at the Baptizing of his Children , which is wont to be accounted a matter of great Honour , and a Testimony of intimate Friendship ; and moreover , he made his Son , one of the Knights , which were created in Testification of the publick Joy , on this occasion . The other parts of his Kingdom being thus purged and amended ; he next bent himself to reform the Ecclesiastical State ; but the Priests could not be corrected by the Civil Magistrate , for the Kings of Europe having been long engaged in mutual Wars , the Ecclesiast●cal Order had , by little and little , withdrawn themselves from their Obedience , and obeyed only the Pope of Rome ; and he indulged their Vices , partly because he gained thereby , and partly because he might make Kings more obnoxious to him , by reason of the great power of the Clergy in their Kingdoms . Whereupon he resolved to prevent their Tyranny the Best and Onely way he was able ; for , seeing it was not in his power to amend what was past ; nor to Out unworthy Men of those Preferments which they once enjoyed ; he thought to provide the best he could for the Future , which was , to set up publick Schools for Learning , and liberally to endow them ; because these would be Seminaries for all Orders of Men ; and whatsoever was eminent or noble in any Commonwealth , issued out from them , as from a Fountain . Hereupon , he drew Learned Men to him by Rewards ; yea , himself would be sometimes present at their Disputations , and when he had any Vacation from Civil Affairs , he delighted to hear the Collations of the Learned , thereby endeavouring to eradicate the False Opinion which many Nobles had imbibed , viz. That Learning drew Men off from Action to Sloth and Idleness , and did soften Military Spirits , either breaking , or , at least , weakening all their Vigorous Efforts ; so that the Study of Letters was only fit for Monks , who were shut up , as in a Prison , and good for no other use . But alas , the Monks , as they had degenerated from the Simplicity and Parsimony of their Ancestors , so they had turned themselves wholly from the Culture of their Minds , to the Care of their Bodies ; and Learning was as much neglected by the rest of the Priesthood , also ; and especially for this Cause , That Benefices were bestowed on the most slothful and worst Persons of Noblemens Families , which were unfit for other Employments ; or else they were intercepted by the Fraud of the Romanists ; so that a Parsonage was nothing else but a Reward for some piece of Service , and that ordinarily none of the Best . And besides , there was another Mischief which added much to the Corrupting of Ecclesiastical Discipline ; and That was , the Orders of Begging-Friers . These Friers at the beginning pretended greater Sanctity of Life , and so easily imposed upon the People , to hear Them rather than their Parish-Priests , who were commonly gross-bodied and dull-witted . Yea , those Parish-Curates , or Priests , as they grew Rich , did scorn to do their own Work themselves , but would hire These Fryars , ( for so they called Themselves ) for a small yearly Stipend , to Preach a Few Sermons , in the year , to the People ; In the interim , they withdrew into Cities , and there chaunted out their idle Songs , as it were , after a Magical manner , not knowing what they said ; and there was none of them , that ever hardly looked towards his own Parish , but when Tithes were to be gathered . Yea , and by degrees , they withdrew themselves from this Office of Singing at certain hours in Cathedrals and Churches , too ; which , though it were but a light , was yet a daily , Service ; and hired poor Shavelings to supply their Places in Singing and Massifying ; and so by muttering and mumbling out a certain Task and Jargon of Psalms , which was appointed every day , they made a collusive kind of a Tragedy , sometimes contending in alternate Verses and Responses ; otherwhiles making a Chorus between the Acts , which at last closed with the Image , or Representation , of Christs Death . And the Friers , their Hirelings , on the one side , did not dare to offend their Masters , on whom their Livelihood depended ; neither yet , on the other , could they bear their Insolence , conjoined with so much Avarice ; so that they pitched upon a middle way , that they might engage them to make easier Payment of their Pensions ; they oftentimes bitterly inveighed against their Lust and Avarice before the People , who gave ear to their Doctrine ; and , when they had raved enough in their Sermons to keep them in Fear ; and also , to conciliate the minds of the Vulgar , they took up , and consulted for themselves also in time , seeing they were also in Ecclesiastical Orders . They told them , that whatever Disorders were , yet the Order of Priesthood was a Sacred thing , and that the Temporal , or Civil , Magistrate , had no Power to punish them ; they were only responsible to God and to the Pope , ( who had almost equal Power with God ) and because , their Avarice encreasing with their Luxury , they thought they should not squeez Gain enough from the People ; therefore these Friers set up a new kind of Tyranny , holding forth , in their Sermons , the Merit of Works . Hence arose Purgatory , and the Lustration of Souls ( which the Pope was pleased to detain there ) by the Sacrifices ( forsooth ) of the Mass , by the sprinkling of Holy Water , by Alms and Pensions given or offered , by Indulgences , Pilgrimages , and Worshipping of Reliques ; The Friers being exercised in this kind of Bartering Trade and Chaffer , in a little time , claimed the Power to themselves , both over the Living and the Dead , too . In this ill Condition , Iames , the First , found Church-Affairs in Scotland ; and therefore he thought it the most Compendious Way to restore the Old Discipline , if Good and Learned Men were admitted to Benefices . And to Increase the Emulations of Young Scholars , he told the Masters and Governors of Universities and Schools , that , because he himself was hindred by the Publick Affairs of State , so that he could not consider every Students particular Merit , they should therefore be very careful to Commend Learned and Virtuous Young Scholars to him , that he might gratifie them with Church-Preferments ; who being thus advanced , might not only be Useful to the People by their Doctrine and Example , but also might assist the Meaner and Poorer sort of those that were designed for Church-men , with their Substance ; and so far to Relieve their Tenuity , that Good Wits might not be compelled , for Want , to break off their Studies and Course of Learning , and betake themselves to Mechanical , Sordid , or Mercenary , Trades , and Employments . And to the intent , that good Men might , with more diligence , apply themselves to Learning , and the Slothful might know , that their only Way to Preferment was by Virtue , he distinguish't Degrees of Studies , that so he might know who were fit for such or such Promotions ; Which Course , if succeeding Kings had followed , certainly we had never fallen into these times , wherein the People cannot endure the Vices of the Priests ; nor , the Priests , the Remedy of those Vices . Neither was the King ignorant , that the Church was incumber'd with those great mischiefs , under which it then labour'd , by reason of the Immoderate Opulency thereof , and therefore he did not approve the Prodigality of Former Kings in exhausting their Treasury to inrich Monasteries , so that he often said , That though David was otherwise the Best of Kings , yet his profuse Piety , so praised by many , was prejudicial to the Kingdom ; yet notwithstanding , He himself , as if he had been carry'd away by the Rapid Torrent of Evil Custom , could not withhold his hand from building a Monastery , for the Carthusians , near Perth , nor from endowing it with large Revenues . One thing in him was very admirable , that , amidst the greatest Cares for the high Affairs of the Publick , he thought the most inferior and private Matters not unworthy of his Diligence , provided some benefit came to the Publick by them . For whereas Scotland had been exercised with continual Wars , after the death of Alexander the Third , for almost 150 years , wherein her Cities had been so often spoil'd , and burnt , and her Youth generally made Soldiers , so that other Trades were much neglected , he invited Tradesmen of all sorts to come out of Flanders , proposing great Rewards and Immunities to them ; by which means he filled his Cities , ( almost empty before , in regard the Nobility did usually keep themselves in the Country ) with this sort of Artificers , neither did he only restore the appearance of ancient Populousness to the Towns hereby ; but also ingag'd a great number of Idlers to fall to honest Labour ; and hereby it came to pass , that what was with small cost made at home , need not with far greater , be fetch 't from abroad . Yet , whiles he was thus strengthning all the weak parts of his Kingdom , by proper Remedies , he ran into the great dislike and offence of his Subjects , especially for Two Reasons . The one , seem'd light in appearance , yet ' was That , which is the beginning of almost all Calamity to a People . For when Peace was universally setled ; Idleness , Luxury , and Lust , to the destruction , first of ones self , then of others , followed thereupon . Hence arose sumptuous Feastings , Drinking Caresses , by day and night , personated Masks , Delight in strange Apparel , Stateliness of Houses , not for necessary Use , but to please the Eye ; A corruption of Manners , falsely called Neatness , and , in all things , a general neglect of the Country Customs ; so that nothing , forsooth , was accounted handsom or comely enough , but that which was New-fangled and Strange . The Commonalty did willingly cast off the fault of these things from themselves , and laid it on the English Courtiers , who followed the King , and yet they did not inveigh against such wanton and pleasurable Courses , more bitterly in their Words , than they studiously practis'd them in their Lives . But the King obviated this Mischief , as much as he could , both by good Laws , and also by his own good Example , for he kept himself in his Apparel and Frugality , within the rate of the Richer sort of private Men , and if he saw any thing of Immoderation in any part of a Man's Life , he shew'd by his Countenance , and sometimes by his Words , that 't was displeasing to him . By this means , the course of increasing Luxury was somewhat restrain'd , rather than the new Intemperance extinguisht , and the old Parsimony reduc'd . His other Fault was bruited abroad by his Enemies , and afterwards broke forth into a Publick Mischief . Robert , the King's Uncle , and Murdo his Cosin-German , who had the Regency of the Kingdom for many Years , seeing they themselves aspir'd to the Throne , and yet knew not how to remove Iames out of the way , they did what was next to it i. e. Engage the Affections of Men so to them , that the better sort might have no extraordinary miss of a King ; nor any ardent Desires after him , so that they us'd such great Moderation in the management of Affairs , , that their Government seem'd to many , not only tolerable , but very desireable , if M●rdo's Son , had carried it with a semblable Popularity and Moderation . For they so engaged the Nobles to them , by their Liberality and Munificence , that some injoyed the Lands , belonging to the King , by Connivence . To others they gave them , and , in favour of some particular Men , they Cancell'd Proceedings and Judgments in Law , and restor'd some , who had been banish'd , and , amongst them , one Eminent and Potent Person , George Dunbar , Earl of Merch ; who , during his Exile , had done much mischief to his Country ; and by this means , they hop'd so to ingage the Nobility , that they would never so much as think of calling home the King ; and then , if Iames Dy'd without Issue , the Kingdom would come to them , without any Competitor ; but if he should chance to return from his Banishment , yet their Faction would be so powerful , that if the King bore them a Grudge , yet they were able to defend themselves by force against him ; but when the King did actually return , the old Favour and Respect born to the Uncle , seem'd to be quite extinguish'd by the new Injury and Flagitiousness of Murdo , so that , it plainly appear'd , that nothing was more popular than Iustice. And therefore the People were not only consenting , but also contributed their assistance , to the Execution of Murdo , the Father , and his Two Sons ; and to the Banishment of of a 3d. So that the King's Revenue was Augmented by the Confiscation of their Estates : and also by the Access●on of the Estates of Iohn Earl of Buchan , who Dyed Childless in France , and of Alexder Earl of Merch , who was also Childless , and a Bastard , who Dy'd at home , concerning whom I shall speak a few Words , by way of Digression . This Alexander was the Son of Alexander , Son to King Robert ; In his Youth , by the ill Advice of some bad Men , he turn'd to be a Commander amongst Th●eves ▪ but when he came to ●an's Estate , he was so Reform'd , that he seem'd plainly to be quite another Man , so that his Vices gradually decreasing , by the benefit of wholsom Counsel , he so manag'd things , both at home and abroad , that he left a Memory behind him , precious to Posterity . For at home , he quell'd the Insurrectio● of the Islanders at Harlaw , making great Slaughter of them . And so he extinguisht a dangerous War , in the very Rise and Bud , and thô he had great Wealth well gotten , and had bought 〈◊〉 stately S●●ts , insomuch , that he much exceeded his Neighbour● ▪ yet he addicted not himself to Idleness or Pleasure , but went with ● good Party of his Country-men into Flanders , where he follow'● Charles D. of Burgundy , against the Luick-landers ; in which War he got both Estate and Honour , and besides , he Married richly in Holland , and Island of the Batavians , but the Hollanders not being able to bear the Government of a Stranger , he return'd back , and provided a stately Fleet , with great Cost , yet no great Benefit , because it was against Men , who were very well provided , both with Land and Sea-Forces . At length , he set upon their numerous Fleet , returning from Dantzic , which he took and pillaged , and slew the Mariners , and burnt the Ships , so that he repaid the Enemy for the Loss he receiv'd from them , many times over ; yea , he so subdued the Fierceness of their Minds , that they desired a Truce for an Hundred Years , and obtain'd it ; He also caus'd a Breed of brave Mares to be brought from as far as Hungary , into Scotland , whose Race continu'd there for many Years after . These Rich Earls Dying without Issue , Buchan and Marr , their Patrimonial ●nheritances , descended Rightfully to the King. And moreover , he alone injoy'd all the Possessions of the Three Brothers , Sons to King Robert the 2d , by his last Wife ; but not without the Grudges of the Nobility ( who had been accustomed to Largesses , ) that he alone should enjoy all the Prey , without sharing any Part of it amongst them . Further , they conceiv'd another , and fresher Cause of Offence , That the King had revok'd some Grants made by Robert and Murdo , the last Regents , as unjust . Amongst those Grants , There were Two noted ones , George Dunbar , who was Declared a Publick Enemy , was afterwards recall'd by Robert , and part of his Estate restor'd to him . His Son George succeeded him therein , to the Joy of many ; who were well pleas'd , that so Ancient and Noble a Family , which had so often deserv'd well of their Country , were restor'd to their Ancient Dignity . But the King , who look'd narrowly ( and perhaps , too pryingly ) into his Revenue , was of Opinion , that the Power to restore Incapacities , to recal Exiles , and to give back their Goods forfeited for Treason , and so brought into the King's Exchequer , was too great for One that was but a Guardian of another Man's Kingdom , and chosen but as a Tutor only , to Claim and Use ; especially , since Largesses made in the Minority of Princes , by the Old Laws of Scotland , might be recalled ; if not confirm'd by their respective Kings , when they came to be of Age. And therefore Iames , that he might reduce the Merch-men into his Power , without noise , in regard they were a Martial People , and Borderers upon England , detains George with him , and sends Letters to the Governour of the Castle of Dunbar , Commanding him , on receipt thereof , he should immediately Surrender it up to William Douglas , Earl of Angus , and Alexander Hepborn of Hales , whom he had sent to receive it . Hereupon , George complain'd , that he was wrongfully dispossest of his Ancient Patrimony , for anothers Fault ; and such a Fault too , as was forgiven by him , who then had the Supreme Power . The King , to pacifie him , and to proclaim his Clemency amongst the Vulgar , bestowed Buchan upon him . This Fact of the King 's was variously spoken of , as every ones Humour and Disposition led him . And moreover , there was also another Action , which much hastned his End , the Beginning whereof is to be fetcht a little higher . I said before , that King Robert the 2d . had Three Sons by his Concubine , he had also Two by his Wife Eufemia , Walter Earl of Athole , and David Earl of Stratherne , yet when their Mother the Queen was Dead , he Married the Concubine afore-spoken of , that so he might , by that Marriage , Legitimate the Children he had by her , and leave them Heirs to the Crown ; and accordingly , at his Death , he left the Kingdom to the Eldest of them . To the 2d . he gave great Wealth , and the Regency also . The 3d. was made Earl of several Counties . In this Matter , tho' his other Wif's Children thought themselves wrong'd , yet being younger , and not so powerful as they , they smothered their Anger for the present . And besides , their Power was somewhat abated , by the Death of the Earl of Strathern , who left but only one Daughter behind him , afterwards Marry'd to Patrick Graham , a Noble young Man , and one of a potent Family in that Age , on whom he begat Meliss Graham ; His Parents liv'd not long after , and the Child , after a few Years , being yet a Stripling , was sent as an Hostage into England , till the Money for the King's Ransom was paid . But the Earl of Athole , tho' every way too weak for the adverse Faction , yet never gave over his Project to cut off his Kindred , nor cast away his Hopes to recover the Kingdom ; and because he was inferior in open Force , he craftily fomented their Divisions and Discords , and invidiously made use of their Dangers , to promote his own Ends , so that by his Advice that large Family was reduc'd to a few . For many were of Opinion , that he gave the Counsel to take off David , King Robert's Son ; and Iames had not escap'd him neither , unless he had past a good part of his Life in England , far from home ; for he gave Advice to the Earl of Fife , that seeing his Brother was a Drone , he Himself should seize on the Kingdom . When the King lost all his Children , and was obnoxious to his Brothers Will , and not long after , dyed of Grief himself ; There was only the Regent of the Kingdom , with his Children , that hindred his hopes , in regard , he was an active Man , of great Wealth , Power , and Authority , and moreover , very Popular , and full of Children . These Considerations did somewhat retard his Counsels , but when Robert Dyed of a Natural Death , and his Son Iohn was slain in the Battel of Vernevil , then he resum'd his former Project with greater earnestness , and bent all his Mind and Endeavour how to free Iames , and set him at variance with Murdo , and his Children . And seeing they could not , all of them , stand safe together , which soever of them fell , he foresaw , that his Hope would be advanced one step higher , to the Kingdom . And when Iames was returned into his Country , he turn'd every Stone to hasten Murdo's Destruction , he suborn'd Men fit for the turn , to forge Crimes against him , and he himself sate Judge upon Him and his Sons . And when they were cut off , there was only Iames left , and one little Son , a Child , not yet 6 Years old . And if he were slain by the Conspiracy of the Nobles , he did not doubt , but himself , who was then the only remaining Branch of the Royal Stock , should be advanc'd to the Throne . Athole was in these Thoughts Night and Day , yet he conceal'd his Secret Purposes , and made a great shew of Loyalty to the King , in helping to rid his Allies out of the way ; for that was his only Contrivance , that , by the Offences of Others , he might increase his own Power , and diminish his Enemies . In the mean time , Meliss Graham ( who , as I said before , was given in Hostage to the English ) was depriv'd of Strathern : because the King making a diligent Enquiry into his Revenue , found , that 't was given to his Grandfather , by the Mothers-side , upon condition , That if the Male-Line fail'd , it should return to the King , in regard 't was a Male-Feo , as Lawyers now speak . This Young Man's Loss , who was absent , and also an Hostage , did move many to Commiserate his Case ; but Robert his Tutor took it so heinously , that it made him almost Mad. For he , taking the Case of his Kinsman more impatiently , than others , did not cease to accuse the King openly of Injustice , and being Summon'd to Answer for it in Law , he appear'd not , and thereupon was banish'd the Land. This made his fierce mind more enrag'd for revenge , as being irritated by a new Injury ; So that he joyn'd secret Counsels with those , who had also their Estates confiscated ; or , who took the punishments of their Friends , tho' justly inflicted , in great disdain ; or , who accus'd the King as a Covetous man , because he was so intent upon his gain , that he had not rewarded them , according to their Expectations : And besides , he bewailed , That not only many noble Families were brought to ruin , but that the Wardships of Young Nobles , which were wont to be the Rewards of Valiant Men , were now altogether in the Kings hands , so that all the wealth of the Kingdom was almost in one hand , and others might starve for misery and want , under such an unjust Valuer of their labours . Now that which he upbraided him , concerning Wardships , with , is This , 'T is the Custom in Scotland , England , & some Countrys of France , that Young Gentlemen or Nobles , when their Parents dye , should remain in the Tutelage of those , whose Feudatarys they are , till they arrive at the age of 21 Years , and all the Profits of their Estates , ( besides the Charges necessary for their Education ) and also the Dowry given with their Wives , comes to such their Tutors and Guardians . Now these Tutelages , or , ( as they are commonly call'd ) Wardships , were wont to be Sold to the next of kin , for a great Sum of Money ; or sometimes , well deserving men were gratify'd with them ; So that they expected Benefit upon the Sale of such Wardships or Incomes , for a reward by their keeping of them . But now , they were much vex'd , that the King took them all to himself , neither did they conceal their vexation and displeasure . When the King heard of these Murmurings and Complaints , he excus'd the thing , as done by Necessity , because the publick Revenue had been so lessen'd by former Kings and Governors , that the King could not maintain his Family , like himself , nor be decently guarded and attended , nor yet give Magnificent Entertainment to Ambassadors , without them . Besides , he alleged , that this Parsimony and Care of the King in providing Money in all just and honest Ways , was not unprofitable to the Nobility , themselves ; whose greatest damage was , to have the Kings Exchequer low . For then Kings were wont to extort by Force from the Rich , what they could not be without ; yea sometimes , they were forced to burden and vex the Commons too , by exacting Taxes and Payments from them , and that , the Parsimony of the King was far less prejudicial to the Publick , by imposing a Mean to immoderate Donations , than his Profuseness was wont to be , for then he was still forc'd to seize on other Mens Estates , when his Own was consum'd . This answer satisfy'd all those who were Moderate , but those who were more Violent , and who rather sought after occasions of complaint , than were willing to hear any just Compurgation of an imputed Crime , were more vehemently enraged by it . This was the State of Scotland , when Embassadors arrived out of France to fetch Margarit , Iames his Daughter , who had before been betrothed to Lewis , Son of Charles the 7th , home to her Husband ; That Embassy brought on another from the English ; For seeing that the Duke of Burgundy was alienated from their Friendship , and meditated a revolt , and that Paris , and other transmarine Provinces were up in a Tumult , lest , when all the strength of the Kingdom was drawn out to the French War , the Scots should invade them , on the other side ; The English sent Embassadors into Scotland , to hinder the Renovation of the League with France , and the Consummation of the Marriage , but rather to persuade a perpetual League with them , who were born in the same Island , and us'd the same Language . And if they would do so , and solemnly Swear , That they would have the same Friends and Enemies with the English , then they promis'd that their King would quit his claim to Berwick , Roxburgh and other Places and Countrys , which were , before , in Controversy betwixt the Nations . Iames referr'd the Desire of the English to the Assembly of the Estates , then met at Perth ; where , after a long debate upon it , the Ecclesiasticks were divided into two Factions ; but the Nobility cry'd out , That they knew well enough the Fraud of the English ; who , by this new League , sought to break their old Band of Alliance with the French , that so when the Scots had lost their Ancient Friend , they might be more obnoxious to them , if , at any time , they were freed from other Cares , and could wholly intend a War with Scotland ; and that the liberal Promises of the English were for no other End ; but as for themselves , they would stand to their old League , and not violate their Faith , once given . The English , being thus repuls'd , turn from Petitions to Threats , and seeing they refus'd to embrace their Friendships , they denounc'd War ; telling the Scots , that if their King sent over his betroth'd Daughter into France , one that was an Enemy to the English ; The English would hinder their Passage , if they could ; yea , and take them Prisoners , and their Retinue too , having a Fleet ready fitted for that purpose . This Commination of the Embassadors was so far from terrifying Iames , that he rigg'd his Navy , and Shipped a great Company of Noblemen , and Ladies , for her Train , and so caus'd his Daughter to set Sail sooner than he had determin'd , that he might prevent the designs of the Engl●sh . And yet notwithstanding all this precaution , it was God's Providence , rather than Man's Care , that she came not into the Enemies hand ; for , when they were not far from the Place , where the English , concealing themselves , waited for their Coming ; behold ! upon a sudden , a Fleet of Hollanders appear'd , laden with Wine from Rochel to Flanders . The English Fleet made after them , with all their Sail , ( because the Burgundian , being a little before reconciled to the French , did oppose their Enemies with all his might ) and being nimble Ships , they quietly fetcht them up , being heavy laden and unarm'd , and as easily took them ; but before they could bring them into Port , the Spaniards set upon them unawares , and took away their Prey , and sent the Flandrians safe home . Amidst such changeable Fortune betwixt Three Nations , the Scots landed at Rochel , without seeing any Enemy : They were met with many Nobles of the French Court , and were brought to Tours , where the Marriage was Celebrated , to the great Joy and mutual Gratulation of Both Nations . Upon this Occasion , the English Writers , especially Edward Hall , and he , that pilfers from him , Grafton , inveigh mightily against Iames , as Ungrateful , Perfidious , and forgetful of Ancient Courtesys , who , being Nobly entertain'd among the English for so many Years , honoured with a Royal Match , and large Dowry ; and besides , restor'd to Liberty , from a long Imprisonment , suffer'd all these Obligations to be post-pon'd , and preferr'd the Alliance with France , before That with England ; But the thing it self doth easily refute their Slanders . For , First , their Detaining of him , when he landed on their Coast , being against their League , and also the Law of Nations , 't was a Wrong , not a Courtesy ; Next , as to their not killing him , but putting him to a ransom for Money , rather than imbrue their hands in the Blood , not of an Enemy , but of a Guest , That was attributable not so much to their Love or Mercy toward Him , as to their Covetous and avaritious Minds ; and grant , there were any Courtesy in it , yet what was it other , but like that of Thieves , who would seem to give the Life , which they took not away ? and , if he were ingag'd to the English on that account , 't was a private , not publick , debt . As for their bestowing Education upon him , who was Innocent , by reason of his Age , a Suppliant by his Fortune , and a King by Descent , tho' most unrighteously detain'd , it bears , indeed , some shew of Humanity , which , if they had neglected , they might have been justly blamed ; and indeed it had been a commendable piece of Kindness , if the Injury going before , and the Covetousness following after , had not marr'd it ; unless you will say , that if you purposely wound a Man , you may require him to give you thanks for his Cure , and so you imagin a light Compensation for a great Loss , is to be esteem'd as a Courtesy ; or , because you have done some Part of your duty , that , therefore you should expect the Reward , in full , of a benefit , bestowed on another . For , he that takes Care that his Captive should be Educated in Learning , either for his own pleasure ; or that he may yield him a better Price , thô some advantage accrue hereby to the Party educated , yet the Master doth not aim at the Good of the Slave , in his Institution , but at his Own. But ( says he ) the King honoured him with the Marriage of his Kinswoman , and thus the Royal Young Man was as Royally b●st●wed . But , what if that Affinity were as honourable to the Father , as the Son in Law ? He would else have Marry'd her to a private Man , but now he made her a Queen , and ingrafted her by Marriage into that Family , on which the Famousest of the English Kings had often before bestowed their Children , and from whom so many Former Kings had descended . But , he gave a very large Dowry with her ; To whom , I pray , was it given , but to the English themselves , who took it away , before it was paid , and made a shew of it in Words to the Husband , but , indeed , kept it for their own use ? so that the Dowry was only spoken of , not given ; and so spoken of , That they would have the Young Man , whom they also had otherwise grievously wrong'd , much indebted to them , that he carried his Wife away with him , without a Dowry . But , they sent him home a Freeman , say they ; Yes , as a Pyrate doth Discharge his Captive , when his Ransom is paid : But how free , I pray ? Even if we may believe the English Writers themselves , under the inforc'd Obligation of an Oath , always to obey the English King , as his Lord , and so to bring a Kingdom , which he did yet injoy , into a perpetual Servitude , which if he had actually injoyed he could not alienate ; and yet he must mancipate it , forsooth , before he received it . This is not to set one free , but to turn him loose with a longer Chain , and that , not as a King , but as a Steward only , or Vicegerent of another man's Kingdom . I forbear to urge , that they compell'd a man in Captivity , and as yet under the Power of another , to make a Promise ; yea a promise of That , which he could not perform ; neither could he compel those to perform it , who had Power so to do . This is that high piece of Liberality , which , they say , Iames was unmindful of : But let us suffer these unskilful Writers , and forgetful of all Moderation and Modesty in their Stories , to account Profits receiv'd as Courtesys given ; How great must we think , That Liberty of falsifying , or else Desire of evil Speaking , to be , which they use against the Daughter of the aforesaid King ? For ( whereas such men , otherwise impudent enough , had nothing to allege against her Manners ) they write , that she was unacceptable to her Husband , because of her stinking Breath ? Whereas Monstrelet , a Contemporary Writer of those days , doth affirm , that she was very faithful and beautiful , and he who wrote the Pluscartin Book , who accompanied that Queen , both at Sea , and at her Death , hath left it on Record , that as long as she lived , she was very dear to her Father and Mother in Law , and to her Husband , too ; as appeared by the Inscription and Epitaph , in French Verses at Chalons , by the River , Matrona , where she dyed , which sound much to her Praise , 't was then published , and afterwards turned into the Scotish Lingue , which some of our Country men have by them , to this day . But I will leave these Men , who do so calumniate other mens Credits , and neglect their Own , that they care little , what they say of others , or what others think of them , and return to the Matter . When the King , having been at Charge to rig out his Navy , had try'd to exact a Tax from the People , and the greatest Part plainly refused to pay a Penny , a Few paid a small matter , and that grudgingly too , he commanded his Collectors , to desist from levying the rest , and to restore what they had already received . And yet he did not hereby shun the clamours of the People , for some malevolent Persons , who were angry for some private loss , did daily incite seditious Persons and Innovators against him . At the same time , the English began to prey upon Scotland , both by Land and Sea , under the Command of Percy , Earl of Northumberland ; William Douglas , Earl of Angus was sent to encounter him , with near an Equal number of men , for they were about 4000. on either side ; of the Scots , there fell Alexander Iohnston of Lothian , a Noble Person , and of known Valour , some Write that 200. others , that only 40 were slain of both Armies , and about 1500 English taken Prisoners . Iames having been twice provoked by the English , First , by their Fleet , which lay in wait to intercept his Daughter ; and Next , by the late spoiling of his Country , resolves to proclaim open War against them ; whereupon he listed as great an Army as he could , and made a fierce assault on Roxburgh , and , in a short time , he expected the Surrender thereof , when , behold , the Queen came posting to him in as long Journys , as ever she was able to make , to inform him of a sad Message , which was , that there was a grievous Conspiracy form'd against his Life , and unless he took special Care , his Destruction was at hand . The King , being dismay'd at this sudden news , Disbanded his Army , and return'd home , but was very ill spoken of amongst the Vulgar , because , just upon the point of Surrender , at the beck of a Woman , he retir'd after the Kingdom had been at so much charge and trouble ; so that , he seem'd to have sought for nothing by his Arms , but Disgrace . After he return'd , he went to the Monast'ry of the Dominicans , near the Walls of Perth , to make a private enquiry into the Conspiracy , as well as he was able ; but his design was smelt out , by Men , that Watcht all opportunities to do mischief ; for one of the Kings Domesticks , who was in the Plot , ( Historians call him Iohn , but his Sirname is not mentioned ) discovered to his Complices , what was doing at Court , so that , they hastned the matter , lest their secret Caballs should be discovered , and Remedies apply'd against them . Walter , Earl of Athole , the Kings Uncle , tho' he were the Ring-leader of the Conspiracy , yet did what he could to avert all Suspicion from himself ; He sent for his Kinsman , Robert Graham , ( of whom I have spoken before ) as fit for Execution , but rash in Counsel , and who bore an old grudge to the King , because of his former Imprisonment and Banishment , and also upon the account of his Brothers Son , ( to whom he was Guardian , in his hope ) who had Strathern taken from him ; he joyns with him Robert his Nephew by his Son , an active Young Man , he informs them , what he would have them to do , and that when the Deed was done , he should be in high Authority , and then he would provide for their Safety well enough ; they freely promise to do their Endeavour , and accordingly hasten to perpetrate the Fact , before the whole Series of the Plot was made known to the King. Hereupon they privately gathered their Company together , that so , knowing the King had but a few about him in the Monast'ry of the Dominicans , he might with as little noise as might be cut him off ; and that they might surprize him unawares , they advise Iohn his Servant , above-mentioned , whom they had drawn to their Party , to be assistant to them ; according to his promise , he brings the Conspirators in the midst of the Night into the Court , and placed them privately near the Kings Bed-Chamber , and shews them the Door , which they might easily break , in regard he had taken away the Bar thereof ; Some think , that they were received into the Palace by Robert , Nephew of the Earl of Athole . In the mean time , whilst they waited there , being solicitous how to break the Door , which they thought would be their greatest Obstacle , Fortune did the Work without their Helps , for Walter Straton , who , a little before , had carried in Wine , coming forth , and perceiving Men in Arms , endeavour'd to get in again , and cry'd out with as loud a Voice as he could , Traitors , Traitors . Whilst the Conspirators were dispatching him , a noble young Damsel , of the Family of the Douglas's , as most say , tho' some write She was a Lovel , shut the Door , and not finding the Bar , which was fraudulently laid aside by the Servant , She thrust her Arm into the Hole or Staple , instead of a Bolt , but they quickly brake that , and so rusht in upon the King. The Queen threw herself upon his Body , to defend him ; and when He was thrown down , She spread Herself over him , and after She had receiv'd Two Wounds , She could hardly be pluckt off . And then , when he was left of all , they gave him 28 Wounds , and some of them just in his Heart , and so kill'd him . Thus this Good King came to his End , ( and that a most Cruel one too , and much lamented by all Good Men ) by the Conspiracy of most wicked Assassins and Robbers ; when his Death was divulg'd by the Noise and Lamentation which was made , a great Concourse of People came presently into the Court , and there spent the rest of the Night ( for the Paricides had made their Escape in the dark ) in Bewailings and Complaints . There , every one spake variously according to their several Dispositions , either bitterly , to raise a greater Odium against the Parricides ; or , lamentably , to increase the Grief of their Friends ; each Man reckon'd up what Prosperities , or Adversities , he had undergone . In his Childhood , he was expos'd to the Treacheries of his Uncle ; and endeavouring to escape them , he was precipitated into his Enemies hands ▪ Afterwards , his Father died , and the rest of his Youth was spent in Exile among his Enemies . Then Fortune chang'd , and he had an unlook'd for Restoration ; and after his Return , in a few Years , he Govern'd so , that the turbulent State of the Kingdom was chang'd in a Calm and Serene One. And again , having a suddain Mutation of Affairs . He , whom his Enemies had spar'd abroad , was now slain by the Treachery of his Kindred at home ; and that in the Flower of his Age , and in the midst of his intended Course , to settle good Laws and Customs , in his Kingdom . And besides , they gave him his deserved Elogies for all his Virtues , both of Body and Mind , for Mens Envy was extinguish'd towards him , now he was dead . For tho his Bodily Stature was scarce of a full size , yet he was robust and strong ; so that he exceeded all his Equals in those Exercises , wherein Agility and Manhood use to be shewn ; and as to his Mind , he was endued with that quickness and vigor of Wit , that he was ignorant o● no Art , worthy the Knowledge of an Ingenious Person ; yea , he could make plain Latin Verses , according to that Age , Ex tempore ; Some Poems of his , written in the English Tongue , are yet extant , in which there appears excellency of Wit , tho' perhaps , some more polite Learning be wanting in them ; he was excellently well skill'd in Musick more than was meet or expedient for a King ; for there was no Musical , or Singing , Instrument , but he could readily Play thereon , and Tune his Voice so , that he might have been compar'd with the best Masters of that Art , in those Days . But , perhaps , some will say , These are but the Flowers of his Studies , where is the Fruit ? These are more for Ornament , than Instruction or Use , to strengthen a Man for doing of Business : Know then , that , after he had Learn'd other Parts of Philosophy , he was also skill'd in Politicks , concerning the Regulation of Kingdoms , and of Mens Manners . How Great , and how Ripe , Civil Abilities were in him , doth sufficiently appear , by the order of the Matters perform'd by him , and by the Laws which he made ; whereby he exceedingly benefited , not only his own Age , but even Posterity also . And his Death declar'd , that there is nothing more Popular than Justice ; for they who were wont to detract from him , whilst he was alive ; now he was dead , had most flagrant Desires after him . Insomuch , that the Nobles , as soon as they heard he was Murder'd , came in of their own accord , from their respective Countries , and , before a Tryal was appointed , they voluntarily sent out into all Parts , to apprehend the Murderers , and bring them to Justice ; very many of them were taken . The Principal of them were put to new and exquisite kinds of Death . The rest were hang'd . The Chief Heads in perpetrating the Wickedness , were reckon'd to be , Walter , Earl of Athole , Robert his Nephew by his Son , and their Kinsman Robert Graham ; the Punishment of Walter ( because he was the Chief Author , and Instigator , of the who●e Plot ) was divided into Three Days Suffering . In the 1st , he was put on a Cart , wherein a Stork-like Swipe or Engine was erected , and by Ropes , let through Pullies , was hoisted up on high , and then the Ropes being suddainly loos'd , he was let down again , almost to the Ground , with grievous pains , by reason of the Luxation of the Joints of his Body . Then he was set on a Pillory that all might see him , and a Red-hot-Iron-Crown set on his Head , with this Inscription , that he should be called King of all Traitors . They say , the cause of this punishment , was , that Walter had been sometimes told , by some Female Witches , ( as Athole was always noted to have such ) That he should be Crown'd King in a mighty Concourse of People ; for , by this means that Prophecy was either fulfill'd or eluded , as indeed , such kind of Predictions do commonly meet with no other Events . The Day after , he was bound upon a Hurdle , and drawn at an Horse-Tail thro' the greatest Street in Edinburgh . The 3d Day , he was laid along upon a Plank in a conspicuous Place , and his Bowels were cut out , whilst he was alive , cast into the Fire , and burnt before his Face , afterwards , his Heart was pulled out , and cast into the same Fire , then his Head was cut off , and expos'd to the view of all , being set upon a Poll in the highest Place of the City . His Body was divided into Four Quarters , and sent to be hang'd up in the most noted Places of the best Cities of the Kingdom . After him , his Nephew was brought forth to suffer , but , because of his Age , they would not put him to so much pain ; and besides , he was not the Author , but only an Accomplice in another Man 's wicked Design , as having Obey'd his Grandfather therein ; so that , he was only Hang'd , and Quarter'd . But Robert Graham , who did the Deed with his own Hand , was carried in a Cart thro' the City , and his Right Hand was nail'd to a Gallows , which was set up in the Cart , and then came Executioners , which did continually run Red-hot-Iron Spikes into his Thighs , Shoulders , and those Parts of his Body , which were most remote from the Vitals ; and then he was Quarter'd , as the former . After this manner was the Death of Iames vindicated , 't is true , 't was a cruel one , but 't was reveng'd by Punishments so Cruel , that they seem'd to exceed the very bounds of Humanity ; for such extreme kinds of Punishment do not so much restrain the Minds of the Vulgar , by the fear of Severity , as they do make them wild to do , or suffer , any thing ; neither do they so much deter wicked Men from committing Offences by their Acerbity , as they lessen their Terror , by often beholding them ; especially , if the Spirits of the Criminals be so hardened , that they flinch not at their Punishment . For among the unskilful Vulgar , a stubborn Confidence is sometimes prais'd for a firm and stable Constancy . Iames departed this Life on the Beginning of the Year 1437. the 12 th day of February , when he had Reign'd 13 Years , and in the 44 th year of his Age : So great diligence was us'd in revenging his Death , that within 40 Days , all the Conspirators were taken and put to Death . He left one Son , the younger of the Twins , halfe of whose Face was Red , as if it had been Blood-shotten . The Eleventh BOOK . James II. The Hundred and Third King. AFTER the Punishment of the Parricides , Iames the only Son of the Deceased King , as yet scarce arriv'd at the Seventh Year of his Age , entred upon the Kingdom the Sixth of the Calends of April , in the Abby of Holy-Rood-House at Edinburgh . The King being as yet not fit for Government , there was a dispute among the Nobles , who should be Elected Vice King , or Regent . Archibald Earl of Douglas did exceed all the Scots at that time , in Wealth and Power ; but Alexander Levingstone , and William Creighton , Both of them of worthy Families , did bear away the Bell in point of Authority and Opinion of Prudence , in the managing of many Affairs under the former King. To them therefore the consent of the Nobles did most incline , because they had some Suspicion of Douglas's Power , ( which even a King could hardly bear : ) Whereupon , Alexander Levingston was made Regent , and William Creighton , Chancellor , which Office he had born under the former King. The Nobility was scarce gone from the Assembly , but presently Factions arose . For the Chancellor kept himself with the King in the Castle of Edinburgh ; and the Regent with the Queen , at Sterlin ; and Douglas , fretting , that he was put by in the last Assembly , not knowing which Faction he hated most , was well pleas'd to see all things in Disorder ; so that rather by his Connivance , than Consent , the Men of Annandale , who were always accustom'd to Theiveries and Rapin , did infest all the Neighbouring Parts , and drove Preys out of them , as if it had been an Enemies Country . When complaint hereof was made to the Governors , they sent Letters to Douglas to suppress them , ( knowing that the Annandians were under his Regulation and Power ) but these not prevailing , they wrote others in a sharper Style , to put him in Mind of his Duty , but he was so far from punishing past Offences , that , through his neglect , by impunity , the growing Mischief was increast ; for he likewise gave forth a Command , that none of them should obey the Kings Officers , if they Summoned them into the Courts of Justice , or perform'd any other Act of Magistracy ; in regard , ( as he alleged , ) That was a Priviledge granted to him ( they commonly call it a Regale , or Royalty , ) by former Kings , and he that should go about to infringe it , it should cost him his Life . The Regent , and the Chancellor , did bewail this State of Things , but they could not Rectifie it ; so that this Gangreen spread further and further , till it had soon infected all those parts of Scotland , which lay within the Forth . The other Two Factions did also disagree amongst themselves , insomuch , that Proclamations were publickly made in Market Towns and Villages , by Alexander , that no Man should yield Obedience to the Chancellor ; and by the Chancellor , that none should obey Alexander . And if a Man addrest himself to either of them , to complain of his wrongs , at his return , he was sure to be Evil intreated by the Men of the contrary Faction ; yea , sometimes his Mansion Houses and Farms would be burnt , and he utterly undone . So that both Parties , with a more than Hostile Enmity , destroyed one another , by mutual Slaughters . But the good Men , who had join'd themselves to neither Faction , not well knowing what to do , kept themselves at home , privately bewailing the deplorable State of their Country . Thus , whilst every Party sought to strengthen it self , the Publick was neglected , and stood as 't were in the midst , forsaken of them all . The Queen , who was with the Regent at Sterlin , that she might seem to make a considerable Accession to her Party , perform'd an attempt both Bold and Manly . For she undertook a Journey to Edinburgh , on pretence to visit her Son , and so was admitted into the Castle by the Chancellor . There she was Courteously entertained , and after some Complements had past , she turn'd her Disc●urse to bewail the present State of the Kingdom , making a long Oration , how many and great Mischiefs would flow from this publick Discord , as from a Fountain ; for her Part , she had always endeavour'd , that the Differences might be composed , that so they might have , at least , some tolerable , if not a fully peaceable , State of a Kingdom : But seeing she could not prevail either by her Authority or Counsel , to do any good abroad , she was no come to try , what she could do privately , for she was resolved to do her utmost , that her Son might be liberally , and piously , educated in hopes of the Kingdom ; that so , in time , he might be able to apply some Remedy to these spreading Evils . And , seeing this her Motherly Care was given her by Nature , she hop'd , that no Man would Envy her therein ; as for other Parts of the Government , let them take it , who thought themselves fit to manage , and undergo , so great a Burden ; yet , they should manage it so , as to Remember , that they were to give an account to the King , when he came to be of Age. This Harangue she made with a Countenance so compos'd , that the Chancellor was easily persuaded of her Sincerity ; neither did he discover any thing in her Train of Followers , which gave him the least hint to suspect either Fraud or Force ; so that hereupon , he gave her free Admission to her Son , when she pleased ; and they were often alone together , and sometimes she staid with him all Night , in the Castle : In the mean time , the Crafty Woman did oft entertain the Governour with Discourse , concerning peicing up of Matters between the Parties ; and she called also some of the contrary Faction to the Conferences ; and thus she insinuated her self so far into the Man , that he made her acquainted with almost all his Designs : When she had thus chous'd and gull'd the Chancellor , she easily persuades the young King to follow her , as the Author of his Liberty , out of the Prison , and so to deliver himself out of the Hands of a Person , who pretended the Kings Name for all his Wickedness , and who had drawn all Publick Offices to himself ; and thus neglecting the Good of the Publick , had highly advanced his own particular Fortune . To effect this , there wanted only a Will in him to hearken to the good Counsel of his Friends , for other Matters , let him leave Them to her Care. By such kind of Glozing Speeches , she , being his Mother , and crafty too , easily persuaded him , who was her Son , and but a Youth , to cast himself wholly upon her ; especially , seeing a fre●r Condition of Life was proposed to him . Whereupon , she prepared all things for their Flight , and then goes to the Chancellor , and told him , that she would stay that night in the Castle , but early in the morning she was to go to * White Kirk , ( that was the name of the Place ) to perform a Vow which she had made , for the Safety of her Son , and she commended him to his Care , until she return'd . He suspected no deceit in her Words , but wisht her a good Journy , and a safe Return , and so parted from her . Hereupon , ( as ' was agreed before ) the King was put into a Chest , wherein she was wont to put her Womans Furniture , and , the day after , carried by faithful Servants out of the Castle to the Sea-side at L●ith . The Queen followed after only with a few Attendants , to prevent all suspicion . There was a Ship there ready to receive them , into which they entred , and , with a Fair Gale , made for Sterlin . The Kings Servants waited late in the morning , expecting still , when he would awake , and arise out of his Bed ; so that , before the Fraud was detected , the Ship was quite out of danger , and the Wind was so favourable , that , before the Evening , they landed at Sterlin . There the King and Queen were received with great Joy and mighty Acclamations of the Regent , and of all the promiscuous Multitude . The Craft of the Queen was commended by all , and the old Opinion of Wisdom which the Chancellor had obtained , became now to be a Ridicule , even to the Vulgar . This Jovialty and immoderate Joy of the Commons lasted ( as is usual ) Two days , and was celebrated by them all . The Third day , those of Alexanders Faction came in , some out of new Hopes ; others , invited by the Authority of the Kings Name , to whom , when the Series of the Project was declared in order ; the Courage of the Queen in undertaking the Matter ; her Wisdom in carrying it on ; and her Happiness in effecting it , were extolled to the Skies . The Avarice , and Universal Cruelty , of the Chancellor , and especially , his Ingratitude to the Queen , and the Regent , were highly inveighed against . He was accused , as the only Author of all the Disorders , and consequently of all the Mischiefs arising therefrom ; Moreover , That he had diverted the Publick Revenue to his own use ; That he had violently seized on the Estates of Private Persons , and what he could not carry away , he spoil'd ; That he alone had all the Wealth , Honour , and Riches , when others were pining in Ignominy , Solitude , and Want ; Those Grievances , though great , yet were like to be seconded with more oppressive Ones , unless , by Gods Aid and Counsel , the Queen had , no less valiantly , than happily , freed the King out of Prison , and so deliver'd others from the Chancellor's Tyranny ▪ for , if he kept his own King in Prison , it was evident , what private Men might fear and expect from him ? What hope could there ever be , that he would be reconciled to his Adversaries , who had so perfidiously circumvented his Friends ? And how could the inferior sort expect Relief from him , whose unsatiable Avarice all their Estates were not able to satisfie and fill up ? And therefore , seeing , by Gods help in the first place , and then by the Queens Sagacity , they were freed from his Tyranny , all Courses were to be taken , that this Joy might be perpetual : And to make it so , there was but One way , which was to pull the Man , as it were , by the Ears , out of his Castle , that Nest of Tyranny ; and either to kill him , or so to disarm him , that for the future , he might do them no more Mischief ; though ( said they ) his disarming was not very safe , in regard such a Beast as he , who had been accustomed to Blood and Rapin , would never be at quiet , so long as the Breath was in his Body . This was Alexander's Discourse in Council , to whom all did assent , so that an Order was made , that every one should go home , and levy what Force they could to besiege the Castle of Edinburgh , from which they were not to depart , till they had taken it . And that this might be done with greater Facility , the Queen promised to send thither a great Quantity of Provision , which she had in her Store-houses in Fife ; but Haste was to be used , whiles their Counsels were yet private , and the Enemy had no Warning to provide things , fit and necessary for a Siege : And in the interim , they need not fear Douglas , who , they knew , was a mortal Enemy to the Chancellor , so that now , seeing they had all the Power , Treasure enough , and withal the Authority of the Kings Name , That being now taken from Him , he could have no Hope , but to fly to their Mercy . Thus , the Assembly being Dissolved , all things were speedily provided for the Expedition , and a close Siege laid to the Castle . The Chancellor was acquainted well enough with their Designs , but he placed the greatest Hope of his Safety , and of maintaining his Dignity , in Douglas his Concurrence with him . Whereupon , he sent humble Suppliants to him , to acquaint him , That he would always be at his Devotion , if he would aid him in his present Extremity ; urging , that he was deceiv'd , if he thought , that their Cruelty would rest in the Destruction of himself alone ; but that they would make his Overthrow as a step to destroy Douglas , too . Douglas answer'd his Message , with more Freedom , than Advantage ; viz. That both Alexander and William were equally guilty of Perfidiousness and Avarice , and that their falling out was not for any point of Virtue , or for the good of the Publick , but for their own private Advantages , Animosities , and Feuds ; and that it was no great matter , which of them had the better in the Dispute ; yea , if they fell Both in the Contest , the Publick would be a great Gainer thereby ; and that no good Man would desire to see an happier sight , than two such Fencers to hack and hew one another . This Answer , being noised abroad in Both Armies , ( for the Castle was already besieged ) was the Occasion , That a Peace was sooner clapt up , than any one thought it would . There was a Truce made for Two days , wherein Alexander and William had a Meeting , where they discours'd one with another , how dangerous it would be , both for the Publick and their private Estates , too , if they should persist in their Hatred , even to a Battel ; seeing Douglas did but watch the event of the Combate , that he might come fresh , and fall upon the Conqueror , and so attract all the Power of the Kingdom to himself ; when either One of them was slain , or Both weakn'd and broken ; and therefore , the H●pes of Both their Safeties were plac'd in their common and mutual Agreement , so that the present Dangers easily reconciled those Two , who were , upon other accounts also , otherwise prudent enough . William , according to Agreement , gave up the Keys of the Castle to the King , professing , that both Himself , and ●t , were at his Service ; and that he never entertain'd any other Thought , than to be obedient to the Kings Will ; Hereupon , he was received into Favour with the universal Assent of all that were present . The King supped that night in the Castle , thus surrendred to him , and the next day , the Government of the Castle was bestowed on William , and the Regency on Alexander . Thus , after a deadly hatred between them , it was hoped , that for ever after , the Foresight of their mutual Advantage , and the Fear of their Common Enemy , had tied a firm and indissoluble Knot of Friendship betwixt them . After these Civil Broils between the Factions were composed ; besides Robberies , and the Murders of some of the common sort , which were committed in many places , without punishment , there were some remaining Feuds , which broke out between some Noble Families . The year after the Kings Death , in the Third of the Calends of October , Thomas Boyd , of Kilmarnock , had treacherously slain Alan Stuart of Darnly in a Truce , as he met him between Linlithgoe and Falkirk . The next year after , on the 7th of the Ides of Alan's Brother , with his Party , fought Thomas , where many were slain on both sides , their Numbers being almost equal ; and , amongst the rest , Thomas himself fell . The Death of Archibald Douglas fell out opportunely at this time , because , in his Life time , his Power was formidable to all . He died of a Fever , the next year , after the Death of Iames the First . His Son William succeeded him , being the Sixth Earl of that Family , he was then Fourteen years of Age , a young Man of great hopes , if his Education had been answerable to his Ingenuity . But , Flattery , which is the perpetual Pest of great Families , did corrupt his tender Age , which grew a little more insolent by the premature liberty in entring on his Estate ; for such Men , as were accustomed to Idleness , and who made a Gain of the Folly and Indiscretion of the Rich , did magnifie his Fathers Magnificence , Power , and , almost more than , Royal Retinue ; and , by this means , they easily persuaded a plain , simple Disposition , and unarmed against such Temptations , to maintain a great Family , and to ride abroad with a Train , beyond the State of any other Nobleman ; so that he kept his old Vassals about him , in their former Offices , by his Respects to them ; and obtained also new Clans by his profuse Largesses ; he also made Knights and Senators , and so distinguisht the Order and Degrees of his Attendants , as to imitate the publick Conventions of the Kingdom ; in fine , he omitted nothing , which might equal the Majesty of the King himself . Such Carriages were enough to create Suspicions , of themselves , but good Men were also much troubled for him , upon another account , that he would often go abroad with 2000 Horse in his Train , amongst whom some were notorious Thieves , and many of them worthy of Death , for the Murders they had committed ; yet , with these , he would come to Court , and even to the Kings Presence , not only to shew his Power , but even to strike Terrour to the Hearts of others . This his Insolence was further heightned , by his sending some Eminent Persons as his Ambassadors into France , viz. Malcolm Fleming , and Iohn Lauder , * who were to declare the Merits of his Ancestors from the Crown of France , and to desire , that the Title of Duke of Tours might be bestow'd upon him ; which he easily obtained , for his Grandfather had that Honour conferr'd upon him by Charles the Seventh , for his great Service performed in the Wars ; and his Father also had enjoy'd it , after him . Being lifted up with this Accession of Honour , he undervalued the Regent and the Chancellor too , being , as he alledged , his Fathers Enemies , neither did he much fear the King himself . For these causes , the Power of the Douglasses seem'd too excessive ; yet , a further cause of Suspicion was added . William Stuart had a large Patrimony in Lorne ; His Brother Iames , after the Kings Death , had Marry'd the Queen , and had Children by her , but disdaining and repining , that he was admitted to no part of the publick Government ; to the end he might more easily obtain what he desired , and revenge his concealed Grief , he seemed not much averse from Douglas his Faction , and , it was thought , that the Queen was not ignorant of his Design , for she also took it amiss , that the Regent had not rewarded her Services , as she expected : By reason of these Suspicions , the Queen , her Husband , and her Husbands Brother were committed to Prison the Fourth of the Nones of August , in the year of our Lord .... The Queen was shut up in a Chamber narrow enough of it self , yet there she was diligently and watchfully guarded ; for the rest were laid in Irons in the Common Prison ; and they were not freed , before , in an Assembly of the Nobles held the day before the Calends of September ; the Queen had clear'd her self from being any way privy to these new Plots ; and Iames and his Brother had given in Sureties , that they would act nothing against the Regent ; neither would they undertake any Office in the Government ▪ without his Consent . In this Uncertainty of Affairs , the Aebudians made a Descent upon the Continent , and wasted all with Fire and Sword , without distinction of Age or Sex , so that their Avarice and Cruelty was not to be parallell'd by any Example ; Neither were they contented to Prey only upon the Sea-Coast , but they also slew Iohn Colchon , a Noble Person in Lennox , having call'd him out from Inch-Merin in the Loch-Lomond , to a Conference , and given him their Faith for his Security ; This was done the 23d of September : Many Foul Offences of this Nature were committed , so that partly on the account of want of Tillage , and partly of Unseasonable Weather , Provision came to be very dear ; and moreover , there was a Pestilence for Two years , so dreadful and fierce , that they who were visited with it , died within the space of a day . The Vulgar ascribed the cause of all these Calamities to the Regent ; for Matters succeeding prosperously with him , he despised the Chancellor , and the Nobles of that Faction , and drew the Administration of all things into his own Power . Complaints were made against him , that he cast Noble and Eminent Persons into Prison , upon light and ungrounded Suspicions , and afterward most grievously punished them , and that he gave Indemnity to those who were really guilty , merely by his own Arbitrary Will and Pleasure , and that he held Secret Correspondence with Do●glas . The Chancellor could not bear these Things in silence , neither was he able to prevent them by Force , and therefore he supprest his Anger for the present , and resolved to depart from the Court. And accordingly , upon the First Opportunity , he left the King and the Regent at Sterlin , and with a great Train of Followers came to Edinburgh ; and there he fixt himself in that Strong Castle , being intent , and Vigilant in all Occasions of Change , which might evene . When this matter was noised abroad , it rais'd up Envy on the Regent , because of his Power , and procur'd favour to the Chancellor , because of his Retirement ; neither did William neglect his opportunity amongst their Feuds ; for , he resolved , by some bold Attempt , to curb the Insolence of his Adversary , and to remove the Undervalue , he had set upon him And therefore , having understood , by his Spys , that the King went every day a hunting , and was but Slightly guarded , watching the Season when Alexander was absent , and having made sufficient Enquiry into the Conveniency of the Country , the Fitness of the Time , and the due Number of the Undertakers , he chose out a Place not far from Sterlin , where the Faithfullest of his Friends , with what Force they could make , should meet and wait for his Coming . And he , with a few Horse , lodg'd himself in a Wood near the Castle of Sterlin , before day , and there waited for the Kings coming ; neither did Providence deceive him , in this bold Attempt . The King came forth into the Wood , early in the Morning , with a smal Train , and those unarm'd , too , and so he fell amongst the arm'd Troops of the Chancellor , they saluted him , as King , according to Custom , and bid him to be of good Cheer and take Courage . The Chancellor , in a few Words , as the Time would permit , advis'd him to provide for himself and the Kingdom , and to deliver himself out of Alexanders Prison , that so he might live , hereafter , at Liberty , and as a King ; and might not accustom himself to fulfil the Lusts and Dictates of Other men , but might , himself , lay those Commands , which were just and equal upon Others ; and so might free all his Subjects from their present Misery , which they had been plung'd into by the Ambition and Lust of their Subordinate Governors , and that so deeply , that there could be no Remedy found for them , unless the King himself would undertake the Government ; and This be might easily do without Peril or Pain , for he himself had provided a good Body of Horse near at hand , who would attend him to what fit Place soever , he would go . The King seem'd by his Countenance to approve of what he had said , either that he really thought so ; or else , that he dissembled his Fear . Whereupon , the Chancellor took his Horses Bridle in 's hand , and led him to his own Men ; They which were with him , being few , and unarm'd , not able to Encounter so many Men , return'd back , in great sadness . Thus the King came to Edinburgh , guarded with 4000 Horse , well accoutred , where he was received , by the Commonalty , with great demonstrations of Joy. After the Regent heard of what was done , his Mind was confounded betwixt Anger and Shame , insomuch , that he return'd to Sterlin , to consider of what was most advisable in the case . His great Spirit was mightily troubled to see himself so Childishly deluded by his own Negligence ; he suspected , it was done by the Fraud and Connivance of his own Followers , and thus he stood long wavering whom to trust , and whom to fear ; Shame , Anger , and Suspicion bustling together in his mind . At length , he took a little heart , and began to think with himself , what Remedy to apply to his present Malady ; He knew , that his own Strength was not sufficient against the Chancellor , a Man politick in Counsel and strong in Force ; and besides , he had the Favour of the People , and the Authority of the Kings Name , as Buttresses to support him ; as for the Queen , he had so offended her by her close Imprisonment , that she was hardly ever like to be reconciled to him ; and if she were , He had no great confidence in her Assistance . And for Douglas , 't is true , he had Strength enough , but no Prudence ; his Age was tender ; his Mind infirm ; he was corrupted by Flatteries , and carried about by the Persuasions of others ; and ( as in such Circumstances it usually falls out ) the worst of Men could do most with him , and therefore he thought it below his Dignity to have any thing to do with such a Raskality of men ; But the Chancellor , tho' he were of a Contrary Faction to him , yet was a Wise man , and his Age and Disposition might more safely be trusted ; neither was the Cause of Offence , between them , so great , but that it was superable by their ancient offices of Respect one to another ; but the greatest likelihood of their Reconciliation was grounded upon the Similitude of their Danger , and their joynt Consent to maintain the Safety of the Common-wealth . And besides , the Enmity of the Chancellor was most of all to be fear'd by him , for if he joyn'd himself to other Factions , he had Power in his hands either to reduce , or banish , him . Having pondered upon these things , for some days , in his Mind , and communicated them to some of his most familiar Friends , Good men and Lovers of their Country , by their Advice , he took a smal ordinary Train of Attendants , and went to Edinburgh . It happen'd , that the Bishops of Aberdene and Murray were then there ; Men , according to the rate of those times , of Learning and Virtue . By their Means and Intercession , the Regent and Chancellor had a Meeting in St. Giles's Church , with some few of their Friends on each Side . The Regent First began to speak ; I think it not necessary ( says he ) to make a long Discourse , in bewailing those things , which are too well known to all , or in reckoning up the Mischiefs arising from intestine Discords , and the Good issueable from Concord ; I wish , we might experience those Miseries rather by Foreign than Domestick Examples ; I will then come to those things , which concern the Publick Safety of all the People ; and , next to theirs , our Own , most of all . This Disagreement betwixt us ariseth , neither from Covetousness , nor from Ambition to rule , but because , in the Administration of Publick affairs , which Both of us wish well to , we are not of one Mind , but take different Measures ; yet , we are to take great Care , lest this our Dissension should be publickly Prejudicial to the Kingdom , or privately Injurious to our Selves . The Eyes of all men are upon us Two : Wicked Persons propose to themselves a Licentiousness to do any thing , when we are destroy'd ; and Ambitious ones think then , also , to obtain an Opportunity to get Wealth and Power ; and besides , we have a great many Maligners and Envyers , as usually Men , raised up from a low Estate to the highest Dignity , are wont to have . All These , as they grieve at our Successes , and calumniate our Prosperity ; so they willingly receive the News of our Adversity , as thereby hoping , and wishing for our Ruin , and therefore it will be worth Both our labours , to consult our Own Safety , which is conjoyn'd and twisted with That of the Publick , and so to revenge our selves on our Enemies and Detractors , to our great Glory and Praise . And the only Way to accomplish those Ends , is This , That we forget our private Injuries , and contribute all our Thoughts and Counsels for the Good of the Publick ; let us remember , that the Kings safety is committed to our Cares , and so is also the Safety of the Kingdom ; yet so , that we are Both lyable to an Account . And therefore , as , heretofore , we have been to blame in contending , which of us should be the greater in Honour and Authority ; so , for the Future , let our contest be , which shall exceed other in Moderation and Justice : And , by this means , we shall bring it to pass , that the Commonalty , who now hate us , and impute all their Calamities to us , will be reconciled to , and revere , us , again . And the Nobility , who , upon our disunion , have broke forth into unbridled Licentiousness , may be reduc'd to Moderation ; and the Great Men , who slight us , as weakned by Division , may fear us , when united and reconciled , and so carry themselves with greater Sobriety toward us , than ever . As for me , I willingly give up the tender Age of the King to be modell'd and govern'd by you , as his Father , in his Life time , appointed ; for , as often as I seriously think of that Function and Service , I judge my self rather to be eas'd of a Burden , than despoil'd of an Honour , thereby ; If I have received any private Injury from you , I freely forgive it for the sake of the Publick ; and if I have done you any Wrong , let honest Arbitrators adjust the damage , and I will make you Satisfaction to the full ; and hereafter , I will so carry it , that neither my Losses , nor my Advantages , shall be the least stop to the Publick Prosperity . And if you also be of the same Mind , we may Both of us rest Secure for the present , and also leave our Memorys more grateful to Posterity ; but if you think otherwise , I call all men to Witness , both present and to come , that 't is not my Fault , that the Evils , under which we now labour , are not , either fully cur'd , or , at least , in some sort reliev'd and mitigated . To This the Chancellor replied , As I unwillingly enter'd upon this Stage of Contention , so , I am very willing to hear any mention made of an honest Agreement : for , as I did not take up Arm● , before the Injuries , I suffer'd , provoked me thereunto ; so your Modesty hath urg'd me , not to suffer the Publick to be indamag'd by my Pertinaciousness . For , I see as well as you , by this our Discord , That Good Men are expos'd to the Injuries of the Bad ; The minds of the Seditious are excited to hopes of Innovation ; Our Country is left for a Prey ▪ The Kingly Dignity is lessen'd ; Publick Safety betray'd ; Authority bearded and ridicul'd , even by the mean'st of the People . And whilst we thus betray the Safety of the Publick , our private Affairs are in no better a Posture . In the mean time , Men , who are given to Sedition , make advantage of our Discords ; and our Enemies behold them , as a pleasant Sight , ( for they hate us Both alike ) and if the loss fall on either of us , yet they count themselves to gain , what either of us doth lose : And therefore I shall not repeat the Causes of our Feuds ; lest I make old sores to bleed afresh , but , in short , I declare , that I forgive all my private Wrongs and Injuries upon the Score of my Country , for there never was , nor shall be , any thing more preferrable with me before the Safety of the People , and the Good of the Common-wealth . Those , who were present , did highly commend both their Resolutions ; and so , by joynt Consent , Arbiters were chosen , to compose Differences ; and , to the great joy of all , old Discords were pluckt up by the roots , and new Foundations of Amity laid ; and thus they , by joynt Counsel , again undertake the Management of the Kingdom . After this Concord , an Assembly of the Estates was held at Edinburgh . Thither came not a Few Persons , as is usual , but even whole Clans and Tenantrys , ( as if they had remov'd their Habitations ) to complain of the Wrongs they had sustain'd ; and indeed , the Sight of such a miserable Company could not be entertain'd without deep Affliction of Spirit , every one making his woful moan , according to his Circumstance ; that Robbers had despoiled Fathers of their Children ; Children of their Fathers ; Widows of their Husbands , and all in general of their Estates ; Whereupon , after Commiseration of the Sufferers ; The Envy ( as is usual ) and Reflection was carry'd to , and fix'd upon , the Captains of those Thieves ; whose Offences were so impudent , that they could , in no wise , be suffer'd ; and their Faction was so far diffus'd , that no man was able to defend his Life or Fortune , unless he were of their Party ; yea , their Power was so great , that the Authority of the Magistrate could afford little help to the poorer and weaker Sort against their Violence and Force : Whereupon the Wiser sort of Counsellors were of Opinion , That , seeing their Power was insuperable by plain Force , 't was best to undermine it by degrees ; They all knew well enough , that the Earl of Douglas was the Fountain of all those Calamities , yet no Man durst name him publickly ; whereupon the Regent , dissembling his Anger for the present , persuaded the whole Assembly , That it was more adviseable for them to cajole Douglas by Flatteries , than to irritate him by Suspicions ; for he was of so great Power , that he alone , if he remain'd refractary , was able to hinder the Execution of the Decrees of All the Estates ; but if he joyn'd himself with the Assembly , then he might easily heal the present Mischiefs . Semblable to this Advice , a Decree was made , that Letters of Complement , in the Name of the Estates , should be sent to him , to put him in Mind of the Place which he held ; and of the great and Illustrious Merits of his Ancestors , for the Advantage of their Country ; and withal to desire him to come to the Publick Assembly of the Estates , which could not be well Celebrated , without the presence of him and his Friends . If he had any Complaint to make in the Assembly , they would give him all the Satisfaction they were able to do ; and if he or his Friends had done any thing prejudicial to the Publick ; in respect to his Noble Family , which had so often well deserv'd of their Country , they were ready to remit many things upon the account of his Age ; of the Time ; of himself , and the great Hopes conceiv'd of him . And therefore they desired , he would come and undertake what part of the Publick Government , he pleas'd ; for , seeing Scotland had often been deliver'd from great Dangers by the Arms of the Douglas's , they hop'd , that , by his Presence , he would now strengthen and relieve his Country which labour'd under Intestine Evils . The Young Man , who , by his Age and Disposition , was desirous of Glory , was taken with the Bait ; and his Friends also persuaded him , for they were all blinded by their particular Hopes ; so that their Minds were turn'd , from all Apprehension of Danger , to the sole Consideration of their particular Advantages . When the Chancellor heard , that he was on his Journey , he went out several Miles to meet him , and gave him a Friendly Invitation to his Castle , which was near the Road , ( it was called Creighton ) where he was Magnificently entertain'd , for the space of Two Days , in which time , the Chancellor shew'd him all imaginable Respect , that he might the more easily intrap the unwary Young Man : For , to shew that his Mind was no way alienated from him , he began , in a familiar manner , to persuade him to be mindful of the Kings Dignity , and of his own Duty ; that he should own him for his Leidge Lord , whom his Birth , the Laws of the Country , and the Decree of the Estates had advanc'd to be King ; that he should transmit the great Estate , which his Ancestors had got by their Blood and Valour , to his Posterity , in like manner as he had receiv'd it ; that so the Name of the Douglasses , which was Illustrious for their Loyalty and Atchievements , might be freed from the foul Blot of Treason ; yea , and from all Suspicion of the same ; that he and his Tenants should forbear oppressing the poor Commons ; that he should put all Robbers out of his Train ; and for the future , he should so addict himself to the maintenance of Justice , that if he had offended heretofore , it might be thought attributable to the ill Counsel of Bad Men , and not to the Wickednese of his own Nature ; for , in that tender and infirm Age , his Repentance would pass for Innocence . By these and the like Speeches , he persuaded the young Man , that he was his entire Friend , and so drew him on to Edinburgh , with David his Brother , who was privy to all his Projects and Designs . But his Followers smelt out some suspicion of Deceit , by reason of the frequent Messages that past betwixt Alexander and the Regent ; for almost every Moment , Posts ran betwixt them ; and besides , the Chancellors Speech seem'd to some more glozing and kind , than was usual for one of his Place and Dignity . His Train did secretly mutter this , and some freely told him That if he were resolv'd to go on , yet he should send back David his Brother , and ( according to his Fathers advice to him , on his Death Bed , ) not give up his whole Family to one stroke of Fortune . But the improvident Youth was Angry with his Friends , that had thus advis'd him ; and caus'd a Word to be given forth to all his Followers ; to surcease all such private Whisperings : And to his Friends he made Answer , That he knew well enough , that 't was the common Plague of great Families , to be troubled with Men , who loved not to be quiet , and who made a gain of the Dangers and Miseries of their Patrons : And that such Men , because in time of Peace , they were bound up by Laws , were the Authors and Advisers to Sedition , that so they might Fish the better in troubled Waters ; but for his part , he had rather cast himself on the known Prudence of the Regent and Chancellor , than give Ear to the Temerity and Madness of Seditious Persons . Having spoken these Words , to cut off any occasion of further advice in the Case , he set Spurs to his Horse , and with his Brother , and a few more of his Confidents , hastned to the Castle , with more speed than at the rate of an ordinary March ; and so , Fate drawing him on , he precipitated himself into the Snares of his Enemies . In that very Moment of time , the Regent came in too , for so it was agreed , that the whole weight of so great Envy might not lye on one Mans Shoulders only . Douglas was kindly received , and admitted to the Kings Table ; but in the midst of the Feast , some Armed Men beset him , being Weaponless , and put a Bulls Head upon him , which , in those Times , was a Messenger and Sign of Death . When the young Man saw that , he was troubled and sought to arise , but the Armed Men laid hold on , and carry'd him to a Court near the Castle ; where , by the loss of his Head , he paid for the Intemperance of his Youth . David his Brother , and Malcolm Fleming , whom , next to his Brother , he trusted most of all , were also put to Death with him . 'T is said , that the King , who was now fully entring on his being of Age , wept for his Death ; and that the Chancellor did greatly Rebuke him for his unseasonable Tears , at the Destruction of an Enemy ; whereas the Publick Peace was never like to be settled , as long as he was alive . William dying thus without Children , Iames ( Sirnamed Crassus , or the Gross , from his Disposition , ) succeeded him in the Earldom , ( for 't was a Male-Feo , as Lawyers speak ) the rest of his Patrimony , which was very great , fell to his only Sister Beatrix , a very beautiful Person in her Days . This Iames , the Gross , though he were no bad Man , yet was no less suspected by the King , and hated by the Commons , than the former Earl ; because , though he did not maintain Robbers , as the former Earl had done ; yet he was not very Zealous in subduing them ; but he was substracted from this Envy , by his Death , which happen'd Two Years after . William , the Eldest of his Seven Sons , Succeeded him , he being Emulous of the ancient Power of the Family , that he might restore it unto its Pristine Splendor , resolv'd to Marry his Uncles Daughter , who was the Heiress of many Countries : Many of his Kindred did not approve of the Match , partly because 't was an unusual , and by consequence , an unlawful thing ; and partly because , by the Accession of so much Wealth , he would be envy'd by the People , and also formidable to the King. For a Rumor was spread abroad , and that not without ground , that the King himself would do his utmost , to hinder the Match . This made William to hasten the Consummation of the Marriage , even in the time when Marriages were forbidden , that he might prevent the Kings endeavours , to the contrary . Thus having obtained great Wealth , he grew insolent , and envy follow'd his Insolence , in regard Troops of Robbers did swarm every where , whose Captains were thought to be no Strangers to Douglas his Design . Amongst them there was one George Gorm , of Athole , who pillag'd all the Country about him , and set upon William Ruthven , Sheriff of Perth , because he was leading a Thief of Athole to the Gallows , and fought with him , as it were , in a set Battel . At last Gorm the Captain , and 30 of his Followers , were slain , and the rest sled to the Mountains . This Bustling Fight was in the year of Christ 1443. A few days after , the Castle of Dunbarton , impregnable by Force , was twice taken in a little time : Robert Semple was Commander of the Lower Castle ; and Patrick Galbreth of the Higher , and their Government was so divided , that each had a peculiar entrance into his own Part. These Two were not free from Factions , amongst themselves . For Patrick was thought secretly to favour the Douglasses ; whereupon Semple , perceiving that his Part was but negligently guarded , seiz'd upon him , and commanded him to remove his Goods . The day after , Patrick entred with four Companions attending him , without Arms , to fetch out his Goods ; where , first , he light upon the Porter alone , and then , catching up Arms , drave him and the rest out of the Upper Castle , and thus , sending for Aid out of the Neighbouring Town , he beat them out of the Lower Castle also , and so reduc'd the whole Fort into his own hands . About that time , there were very many Murders committed upon the inferior Sort , which were partly perpetrated by the Douglassians , and partly charg'd upon them , by their Enemies . The King was now of Age , and manag'd the Government himself , so that Douglas , being unable to stand against the Envy of the Nobles , and the Complaints of the Commons , too , resolves to become a New Man , to satisfie the People , and , by all means possible , to atone the Heart of the King , which was alienated from him ; and , in order thereunto , he came with a great Train to Sterlin . And when he had Intelligence by some Courtiers , whom he had greas'd in the Fist , and made his Own , that the Kings Anger was appeas'd towards him , then , and not before , he came into his Presence , and threw down his Life ▪ and Fortune , and all his Concerns , at his Feet , and to his Dispose ; he partly excused the Crimes of his former Life , and pa●●ly , ( because That seemed the readier way to Reconciliation , ) he ingenuously confest Them , withal affirming , that whatever Fortune he should have hereafter , he would ascribe it solely to the Clemency of the King , not to his Own Innocency ; but if the King were pleas'd to receive Satisfaction from him , by his Services and Obsequiousness , he would do his utmost endeavour for the future , that no Man should be more Loyal and observant of his Duty , than himself , and that in restraining and punishing all those exorbitant Offences which his Enemies cast upon him , none should be more sharp and severe than he ; in regard he was descended from that Family , which was not raised by opp●●●sing the Poor , but by defending the Commons of Scotland , by the●● Arms : By this Oration of the Earls , and the secret Commendation of the Courtiers , the King was so chang'd , that he forgave him all the Crimes of his former Life , and received him into the Number of his Privadoes , and communicated all his secret Designs to him . And indeed the Earl , in a very little time , had so obliged the King to him by his Obsequious Carriage ; and had won so much on his Ministers by his Liberality ; yea , had so ingratiated himself into all Men , by his modest and courteous Condescension , that the ordinary sort of People conceiv'd great Hope of his gentle and pliable Deportment ; but the Wiser were somewhat afraid , whither so sudden a change of Manners would tend : And especially Alexander Levingston , and William Creighton , imagining , that all his Counsels would tend to their Destruction , having laid down their publick Offices in the Government , went away , severally ; Alexander , to his own Estate ; and William into the Castle of Edinburgh , there to watch and observe , where the Simulation of Douglas would terminate and end ; Neither did their preconceiv'd Opinion deceive such Wise Men , as they were : For Douglas having gotten the King alone , and destitute of graver Counsel , and who was somewhat unwary too , by reason of the Greenness of his years , thought now , that he had a fit Opportunity to revenge the Deaths of his Kinsmen , and so easily persuaded the King to send for William Creighton , and Alexander Levingston , with his two Sons , Alexander and Iames , to give him a Legal Account of 〈◊〉 Administration of their former Offices . His Design herein , 〈…〉 if they came to the Court , he might either destroy them , or 〈◊〉 bring them under , by the power of his Faction ; but if they refused to come , then to declare them publick Enemies ; and so having the Authority of the Kings Name , as a pretence for his Power , to despoil , and out them , of all their Estates . Hereupon , they were summoned to appear , but return'd Answer , by Letters , That they had never any thing more prevalent and superior in their Thoughts , than the Good of the King and Kingdom , and that they had so managed their Offices , that they desired nothing more than to give up a full Account ; provided , it were before equal Judges , but , for the present , they desir'd to be excus'd in regard they perceiv'd , that the Minds of those , who were to be their Judges , were preposses'd in Favour , and by the Largesses , of their Enemies ; and besides , all Passages were beset with Armed Men ▪ not that they shunn'd a Legal Hearing , but only withdrew from the Violence of their Mortal Enemies at the present , and reserv'd their Lives for better Times , till the Commanders of Thieves being driven from the Kings Presence , as they had often done in doubtful times before , they might then justify and asse●t their Innocency to the King and all Good Men. When this Answer was receiv'd , an Assembly was Indicted to be held at Sterlin the Fourth day of November , wherein Douglas so carry'd the Matter , that they were declared Publick Enemies , and their Goods Confiscate . And then he sends out Iohn * Froster of Gorstorphin , his Confident , with Forces to spoil their Country , and bring their Goods into the Kings Exchequer : He took in their Castles by Surrender , part of them he demolisht , and part he put new Garisons into , and thus making a vast spoil , without any resistance , he carried off a great Booty ; The Douglassians had scarce retired , before Creighton had gathered an Army of his Friends and Vassals , sooner than Men thought ; and with them , he ran over the Lands of the Foresters , and of the Douglasses , even as far as Corstorphin , S●rabrock , Abercorn , and Blackness , he burnt their Houses , spoil'd their Corn , and brought away as much Prey , as he was able , and amongst the rest , a stately Breed of Mares ; and thus he did his Enemy much more Mischief , than he receiv'd . Douglas , knowing that Creighton had done this , by the assistance of Others , rather than his own Force , turns his Anger upon his Friends , who ( he was inform'd ) had sent him Aid privately ( for few durst do it openly . ) The Chief of them were Iames Kennedy Archbishop of St. Andrews , George Earl of Angus , Iohn Earl of Morton , Both the later of Douglas's his own Family ; but One Born of the King's Aunt , the Mother of Iames Kennedy ; the Other had Marry'd the King's Sister . These Persons did always prefer the Publick Safety , and their Duty for the Conservation thereof , before the private Respect to their own Family : But Kennedy exceeded the rest , in Age , Counsel , and consequently in Authority ; and therefore his Wrath was , principally , incensed against him : Whereupon , the Earl of Craford , and Alexander Ogilby gather'd a reasonable Army together , and spoil'd his Lands in Fife ; and following the Prey , rather than the Cause , they plunder'd the Neighbor Farms also , with a great devastation ; and then , without any Opposition , return'd into Angus , laden with Spoil . In this case , Kennedy betook himself to his proper Church-Arms of Defence ; and , in regard Craford avoided the Decision of these Disputes by Law , he prosecuted him with Ecclesiastical Censures ; which when he despis'd , according to his wonted Contumacy , a little while after , he was justly punish'd for his contempt of all Divine and Human Laws . For , the same Year , wherein these things were acted , the Colledge of the Benedictins at Aberbrothock , ( in regard , Monks might not intermeddle to judge in Civil Causes ) had made Alexander Lindsy , Eldest Son of the Earl of Craford , their Chief Judge in Civils , or , as they call him , Sheriff , or Bayliff . He , with his huge Train of Followers , became burdensome to the Monast'ry ; and besides , he carried himself as their Master , rather than their Servant , so that they dispossest him of his Offices , and put Alexander Ogilby , in his Place ; Lindsy lookt upon This as a Wrong to him , in his Opinion , so that each of them gather'd together what Force they could , as if a War had been denounc'd between them ; when Both Armies stood in a readiness to Fight , the Earl of Craford having notice of it , made all the haste he could , and rode in betwixt Them Both , thinking , that the sole Authority of his Name had been Armour of proof to him ; and whilst he was hindring his Son from ingaging , and calling out Ogilby to a Conference , a Soldier darted a Spear into his Mouth ; it was not known , Who he was , nor What he aim'd at , and struck him down dead from his Horse ; His Death was as an Alarm to Both Armies , and after a sharp Conflict , many being wounded on Both sides , the Victory fell to the Lindsys : They say , the Cause thereof was , that , whilst Both Armies stood with their Spears upright , representing the fashion of a Wood , a certain Man cry'd out , Why do you bring those Goads with you , as if you had to do with Oxen ? Pray , cast them away , and let us fight it out with our Swords , hand to hand , by true Valour , as becomes Men ? Upon which Words , they all cast away their Pikes , on both sides , except 100 Clydesdale Men , whom Douglas had sent in to Aid the Lindsyst These held the Tops , or Points , of their Pikes in their Hands ; and drew the rest of them behind their Backs ; but when they came to Handy-blows , then they held them out as a thick Fence , before them , and their Enemies , being terrified with the sudden Spectacle , had their Ranks broken thereby . The Conquering side lost 100 ; the Conquer'd 500 , and amongst them , some Men of Note ; Alexander Ogilby was taken prisoner , and Dyed a few Days after , either of his Wounds , or for Grief ; Gordon , Earl of Huntly , was put upon a Horse by a Friend of his own , and so escap'd . The Slaughter had been much greater , if the Night had not cover'd the Flyers away , for the Battel began a few hours before Night , on the 9 th of the Calends of February . The Lindsys manag'd their Victory with great Cruelty , they pillaged and demolisht Houses , and utterly spoil'd the Country . The War was as hotly carried on between the Factions in other Parts ; Douglas had besieg'd William Creighton , some Months in the Castle of Edinburgh ; and to make a more close Siege , he remov'd the Assembly of the Estates , which was summoned to be held on the Ides of Iuly , and was already begun at Perth , to Edinburgh ; when the Siege had lasted 9 Months , both the Besiegers , and the Besieged , grew equally weary , and so a Surrender was made on these Conditions , That , William should be Indemnify'd for whatsoever he had done against the King , and He and His should march safely off . Thus in every Dispute , he , who is most powerful , would seem to be most innocent . And not long after , Creighton was received into the King's Favour , and was made Chancellor again , by the general Consent of all , but he refrain'd the Court , and all Publick Business , as much as ever his Office would suffer him to do . Douglas , having thus rather terrified , than overthrown , Creighton , turn'd the rest of his fury upon the Levingstons . But before I come to that Part of my History , I will touch upon the Slaughter of some of these Noble Persons , ( for 't would be infinite to name the Deaths of all , ) who were put to Death in those Days . Iames Stuart , a Noble Knight , was slain by Alexander Lisle , and Robert Boyd , at Kirk-Patrick , about Two Miles from Dunbarton ; neither was their Cruelty satisfy'd with his Death , but they endeavour'd to get his Wife also , who was then great with Child , and almost ready to lye down , into their Power ; In order whereto , they sent a Priest to her , as in great hast , to tell her , That all the Roads were full of Horse and Foot , and that there was no Way for her to escape the present Danger , but to go a Shipboard , and fly to Robert Boyd at Dunbarton , who had solemnly promis'd to return her safe home ; The credulous Woman , who did not know , that Robert was present at the perpetration of the Murder , being carried from Cardros into the Castle , perceiving , that She was circumvented by the Fraud of her Enemies , being overcome by the Greatness of her Grief , Fear , and Indignation , brought forth an Abortive Birth , which , with the Mother , Dyed a few hours after . About the same time , Patrick Hepburn , Earl of Hales , kept the Castle of Dunbar , and had with him Ioan the Wife of Iames the I. who in those tumultuous times , had fled thither for refuge ; Archibald Dunbar , thinking this to be a just Cause for a Quarrel , set upon Hepburn's Castle , in the Night , kill'd the Garison Soldiers on the First Onset , and took it ; yet , in a few Hours , for fear , he gave it up to the Earl of Douglas , upon condition , That He and His should march safely off . Not long after , Queen Ioan Dyed , leaving these Children by her later Husband , Iohn Earl of Athole , Iames Earl of Buchan , and Andrew , afterwards Bishop of Murray . After She was Dead , Hepburn deliver'd up the Castle of Dunbar , un-Garison'd , and empty , to the King. In Angus , Alexander , Earl of Craford , put Iohn Lyons to death in the Market-place at Dundee , because he had been rais'd up to great Wealth , and Honour , even to a Match in the Royal Family , by his Father ; yet he prov'd ungrateful , and forgot the Courtesies he had received . Amidst these Discords , the Men of Annandale did vex the adjoyning Countries with all sorts of Calamities . The Cause of all these Mischiefs was cast upon the Earl of Douglas , who yet did all he could to conceal these Facts of his Clans , for he openly Studied nothing more than to afflict the Men of different Parties , in regard , he was grown to that height of Power , that 't was a Capital Offence to question any of his Doings . He caus'd Iames Stuart the King's Uncle to fly the Land , because he spoke something freely concerning the State of the Kingdom , but his Ship being taken by the Flemings , he liv'd not long after . Now , he thought , it was high time to attempt the Levingstons , whereupon , he caus'd Alexander , the Head of the Family , and his Son Iames , and also Robert the King's Treasurer , and David , to be summon'd to an Assembly at Edinburgh ; and , of his Friends , Robert Bruce , Iames and Robert Dundasses ; of these , Alexander , and the Two Dundasses , were sent back to prison to Dunbarton ; the rest were put to Death ; of what Crime they were guilty , meriting so great a Punishment , the Historians of those Times do not mention , neither will I interpose my own Conjectures , in a business so remote from our Memory ; only I will relate what I have heard , That Iames Levingston , when he came to the place of Execution , complain'd heavily , and expresly , of the Inconstancy of Fortune That his Father , who was Honour'd with a Power next to the Kings , did yet freely give up the invidious Title of Regent , and went to his own Estate far from Court , and out of his Enemies sight , whose Cruelty wa● never satiated with his Miseries , and therefore he was forc'd to take Arms to preserve his Life , which he again laid down at the Kings Command ; if there were any fault , in that ; he had long ago obtain'd his Pardon ; and since that time , he had liv'd remote , and free from all suspicion of any Crime , of which , this was an evident Token , That the Nobility thought them innocent , and did solicitously deprecate their Punishments , and yet notwithstanding , the severe Cruelty of their Enemies prevailed more , than the former Demerits and good Offices of their Family ; or , than the Kings Pardon obtain'd , or , than the interceding Supplications of the Nobility . And therefore he intreated all , who were there present , to look upon those lofty Titles of Empire and Dominion , to be nothing else but the Glosing Complements of Fortune , who then intended to do most Mischief ; and that they were rather flowry Embelishments for ones Funeral , than Safeguards to a Man's Life ; especially since Bad men can always do more to destroy the Good , than the Consent of the Good can do to save them . And having thus spoken , to the great grief of all the Spectators , he submitted his Neck to the Executioner . Amidst these Combustions , Creighton was sent into France , partly to renew the Ancient League , and partly to obtain from thence a Royal Bride ; Douglas took his Absence very well , tho' in an Honourable Employment , because , tho' he was a prudent and potent person , yet , out of the Relicks of their former discords , he was not over-fond of him . In this troublesome state of the Kingdom , the same Disease which vext others , did also infect the Ecclesiastical Order : Iames Cameron , Bishop of Glasco , had , himself , committed many acts of Cruelty and Avarice , upon the Husbandmen of his Diocess , ( which was very large ) and he had also given Encouragement to Those who were in power , to do the like , that so , when the Owners were unjustly condemn'd , their Estates might be Confiscated to him ; so that , he was believ'd to be the Author , or the Favourer , of all the Mischiefs which were acted abroad . 'T is reported , that the Man came to an End worthy of his wicked Life ; The Day before the Nativity of Christ , as he was asleep in a Farm of his own , about 7 Miles from Glasco , he seem'd to hear a loud Voice calling him to the Tribunal of Christ , to plead his Cause . That sudden Fright wakened him out of his Sleep , he call'd up his Servants to bring a Candle , and sit down by him ; he took a Book in his hand , and began to read , but presently the same Voice was heard louder than before , which struck all , there present , into a Great horror . Afterwards , when it sounded again more terribly and frightfully , than before , The Bishop gave a great groan , put out his Tongue , and was found Dead in his Bed. This so evident an Example of God's Vengeance , as I shall not rashly credit , so I have no mind to refute ; yet , it being deliver'd by others , and constantly affirmed to be true , I thought good not to omit it . At the same time , Iames Kennedy , One of a far different Life and Manners , as referring all his Counsels to the Good of the Publick ; when , neither by his Authority , nor Counsel , he could resist the daily new-springing Evils of his Country ; and seeing likewise , That the Kings Power was not able to oppose the Conspiracies of Wicked men , he left all his Estate for a Prey , and shifted for himself . Neither , in these Domestick Miseries , were Matters much quieter abroad ; When the Truce made with the English was expir'd , the Scots made an Inrode into England , and the English into Scotland ; and where-ever they went , they wasted all with Fire and Sword ; in England , Al●wick was taken and burnt by Iames , Brother to the Earl of Douglas : In Scotland , the Earl of Salisbury did the like to Dunfreiz , and the Earl of Northumberland to Dunbar ; great Booties of Men and Cattel were driven away , on Both sides . But the Commanders agreed amongst themselves , that the Prisoners should be exchang'd , for they were in a manner equal , both for Number and Degree . By these Incursions , the Country was depopulated , and yet the main chance of the War not concerned ; so that a Truce was again accorded for 7 Years . In this state of Affairs , Iames Dunbar , Earl of Murray , departed this Life , he left two Daughters his Heiresses , the Eldest of them was Marry'd , by her Father before his Death , to Iames Creighton ; The Younger , after her Fathers decease , marry'd Archibald , Brother to the Earl of Douglas . He , against the Laws and the Custom of his Ancestors , was called Earl of Murray ; so superlative was Douglas's Power then at Court ; neither was he contented with this Accession of Honour ; but , that he might further propagate the Dignity of his Family , he caus'd his Brother George to be made Earl of Ormond ; his Brother Iohn had many fair and fruitful Farms and Lands bestowed upon him , and was also made Baron of Balvany , against the mind of many of his Friends , who had in Suspicion the Power of that Family , too great before , that it would be at last formidable , even to the King himself ; yea , they imagined that these immoderate Accessions & Frolicks of Fortune would not be long-lived . But his Enemies did , as invidiously as they could , inveigh against This unsatiable Ambition ; for who ( say they ) could safely live under the Exorbitant rule of such a Tyrant , for whose Avarice nothing was enough , and against whose Power there was no Safeguard ; who , right or wrong , invaded the Patrimony of the Nobles , and expos'd the Countrymen to be a Prey to his Tenants ; and those who oppos'd his Lust , he caus'd them , by Thieves and Cut-Throats , either to lose all they had , or else to be put to death ; that he advanced Upstar●s to high Honours , whom he grafted on the ruin of Noble Families ; so that , all the Power of the Kingdom was now brought into one House ; besides many Knights and Barons , there were five Opulent Earls of the Family , insomuch that the King himself did but Reign precariously , and men were like to suffer all Extremities under the Cruel Bondage of the Douglas's , and he that utter'd the least word tending to Liberty , must pay his Life for his Boldness . These , and other discourses of this kind , some true , others to create greater Envy , stretcht beyond the Lines of Truth , were spread abroad amongst the Vulgar ; which made Those ; who were of neither ▪ Faction , to fit loose from the Care of the Publick , and every one to mind his own private Concerns : The wiser sort of his Enemies were glad to hear , that a man of such Power , against which there was no making Head , should thus voluntarily run headlong to his own Destruction . Neither did they presage amiss , for his Mind was grown so proud and insolent , by reason of his Great Successes , that 〈…〉 his Ears against the free Advices of his Friends ; yea , many 〈◊〉 not , with any safety , dissemble and cover , by their silence , what they did dislike , because he had Parasites , which did not only lie at catch for Words , but observ'd mens very Countenances ; As for his old Enemies , many of them were hal'd to Judgment , before him , who was both their Adversary and Judge too , so that some of them were outed of their Estates , some depriv'd of their Lives , and others , to avoid his unrighteous and partial Judgment , fled out of their Country . The men also of Douglas's Faction lived in no Fear , at all , of the Law , ( for no man durst implead them ) but letting the Reins loose to all Licentiousness , they invaded and made havock of things Sacred , as well as Profane ; Those which were obnoxious to them they slew , and kill'd out of the way , neither was there any End of their Wickedness ; sometimes , when they had no sufficient Cause to do a man a Mischief , they then did it unprovok'd , and gratuitously , as it were , lest thro' disuse of offending any honest and tender Thoughts should arise in their Minds , so as to allay their Brutish Cruelty ; Every one thought himself the noblest and bravest Fellow , that could cast the greatest Contumely on the Commons . When such great Miseries were diffus'd into so many Parts of the Kingdom , Scotland had certainly sunk under the Burden , unless England , at the same time , had been as much embarassed with civil Combustions ; which , at last , being somewhat allay'd , the English violated their Truce and invaded Scotland ; When they had runover a great Circuit of Ground , and pillaged many Villages ; They drove away a Vast Number of Cattle , and return'd home ; neither was it long before the Scots cry'd quits with them ; for they also entred England with a good Force , and did the Enemy more Damage than they receiv'd . Thus , the Minds of Both were irritated by these alternate Plunderings , so that a mighty Desolation was made in the Territories of either Kingdom ; but the greatest share of the Calamity fell upon C●mberland , which had been the Rise of the Injury and Wrong , for that Province was so harassed by the War , that it was almost quite destroy'd . When this war related at London , it occasion'd the English to levy a far greater Army against the Scots , for thereby , they thought easily to reduce the Country into their Power , they being poor , and also weakned by Civil Discords . Hereupon an Army was rais'd of the Better sort of People , and the Earl of Northumberland made their General , in regard he knew the Country well ; and besides , his Name and Power was great , in those Parts . To him they joyn'd one Main , of a Knightly Family , but who had long serv'd in France , and was commended for his Industry and Valour . 'T is said , that he , out of his Mortal hatred against the Scots , had bargain'd with the King of England , that what Lands he took from the Scots , either by killing , or driving away , the Inhabitants , he , and his Posterity after him , should enjoy . On the other side , the Scots , hearing of the Preparation of their Enemies , were not negligent in gathering Forces , on their Part. George Dunbar , Earl of Ormond , was made Captain General , who presently marcht into Annandale , whither his Intelligence inform'd him , that the Enemy would come . And indeed , the English had prevented him , and entred Scotland before . They had past over the Rivers Solway and Annand , and pitch'd their Tents by the River Sarc , from whence they sent out Parties on every side , to pillage ; but hearing of the coming of the Scots , they recall'd them all , by Sound of Trumpet , and contracted all their Force into One Body . As soon as ever they came in sight one of another , they fell to it without delay , Main commanded the Left Wing of the English , and Iohn Penington , the Right , he had the Welsh , the Relicks of the Ancient Britains , for his Assistants , the Earl himself commanded the Main Battel . George Douglas appointed Walter , Laird of Craig , to fight Main ; and Maxwel and Iohnston , each with their Troops to attack Penington ; he himself took Care of the Main Body , he gave them a short Exhortation , to conceive a good Hope of Victory , because they had taken up Arms in their own Defence , as provoked by the Injuries of their Enemies ; and that a prosperous Issue must needs attend so just a Cause ; and if they could abate the Pride of their Enemy , by some Notable overthrow , they would reap a lasting Fruit of their short Labour : The English , who abounded in the number of Archers , wounded many of the Scots , with their Darts , at a distance : Whereupon Wallace , who commanded the Left Wing , cryed out aloud , so as to be heard of most of his men , Why they ●rifled so , and Skirmish'd at a distance , they should follow him , and rush in , upon the Enemy , hand to hand , and then their Valour would truly appear , for that was the Fighting , fit for Men. Having thus spoken , he drew the whole Wing after him ; And presently with their long Spears , wherewith the Scots , both Foot and Horse , were furnish'd , they drove the Enemy back , routed , and put them to Flight ; Main perceiving his Wing to give back , being more mindful of the just Glory of his former Life , than of his present Danger , rushes , with great Violence , upon Wallace , that so , by his Boldness , he might either renew the Fight ; or else , breath out his last , in the Glory of some Illustrious Attempt ; but unwarily Charging , he was intercepted from his own Men , and , with those few that follow'd him , was slain . When Both Armies heard , that he was slain , the Scots prest on more chearfully , so that the English Army did not stand long ; as they fled home straggingly and in great haste , more were slain in the Pursuit than Fight ; but the chiefest Slaughter was upon the Banks of the Solway ; for there the Tide had swollen up the River , so that they could not pass . About 3000 of the English were slain in this Fight , and 600 of the Scots . There were many Prisoners taken , the Chief were Iohn Penington and Robert Huntington . The Earl of Northumberland's Son might have escap'd , but , whilst he was helping his Father to Horse , he himself was taken Prisoner . The Booty was greater than had been ever known , in any Battel betwixt the Scots and English , before . For the English , trusting to the Number and Goodness of their Soldiers , and depending also on the discord of the Scots , came on so securely , as if it had been to a Shew , not to a Fight ; so great was their Confidence and Undervaluing of their Enemy : Wallace was wounded , carried home in a Litter , and in 3 Months after died of his Wounds . Ormond , being thus a Conqueror , took a view of the Prisoners , the chief Commanders he sent Prisoners to the Castle in Loch Ma●an , he himself return'd to Court , where every Body went out to meet him , and he was received with all kind of Honour . The King did highly extol his Military Services , but withal , advis'd him and his Brother , That as they had often given a Proof of their Courage abroad , and had defended the State of Scotland , by their Labour and Valour , even in Perillous Times ; so , at home , that they would accustom themselves to a modest Deportment , and that they themselves should refrain from Injuring the Poorer sort ; and also , inhibit their Clans from doing it ; and that they should shew their Puissance and Grandeur , which their Ancestors had obtain'd by their many Merits , both of King and Subjects , rather in restraining of Robbers , than in cherishing them ; that This was the only thing which was wanting to compleat their Praise , and make it absolute ; and if they would do this thing , they should certainly find , that he would esteem the Honour of the Douglas's , and their Family , before any thing else whatsoever . They answer'd the King submissively , and so took their leave , and went Joyfully home . After this Fight at Sarc , as the Borders of Scotland were quieter from the wrongs of their Enemies ; so , when the matter was reported at London , it did rather irritate the English , than deject them : For , a Council being call'd about a War with Scotland , a new Army was order'd to be rais'd , to blot out the former Ignominy . Whilst they were all intent hereupon , presently Civil Wars arose amongst themselves , and a strong Conspiracy of the Commons , made against the King , took off their Thoughts from a Foreign War ; so that Embassadors were sent into Scotland , to treat of a Peace , which were so much the more welcome , because their own Affairs were not well settled at home . Yet they could not well agree on Terms of Peace , but only made a Truce for Three Years , and so returned home : These things were acted in the Year of Our Lord One Thousand Four Hundred Forty Eight . This Publick Joy was soon after increast by a Message , sent out of Flanders , from the Chancellor , who went Ambassador to Charles the Seventh , about contracting a Marriage . By his endeavours , Mary the Daughter of Arnold , Duke of Gelderland , was betroth'd to Iames ; she was of the Kingly Race by her Mothers side , who was a Sister of the Duke of Burgundy . The Year after , she came with a great Train of Noble Persons into Scotland , and , in Iuly , was Crowned in the Abby of Holy-Rood-House , near Edinburgh . This Universal Joy , for the Victory , for the Peace , and for the Marriage , was soon disturbed by the Death of Richard Colvill , a Man of Note ; which , though perhaps , in it self , not undeserv'd , yet was of very bad Example to the Common-Wealth . This Colvil having receiv'd many and great wrongs , from one Iohn Afflech , a Friend of Douglas's ; and , after many complaints , could get no Remedy in Law nor Equity , he fought with and slew him , and some of his Followers . Douglas took the Fact so hainously , that he made a Solemn Oath never to rest , till he had expiated the Murder by Colvil's Death ▪ Neither were his Threatnings in vain , for he Storm'd his Castle , took and plunder'd it , and killed all therein , that were able to bear Arms. This Fact , though 't was performed against Law and Custom , yet some did excuse , and , in effect , commend , as proceeding from Indignation , a Passion not unbeseeming a Generous Mind . Thus , as it commonly happens in degenerate Times , Flattery , the perpetual Companion of Greatness , did clothe the highest Offences with Honest and Plausible Names . Moreover , Douglas was so lifted up with the Flatteries of Fortune , which did now incline to his Destruction , that he had a great Ambition to make an Ostentation of his Power , even to Foreign Nations ; as if the splendor of so great a Family o●●ht not to be straitned within the narrow Theatre of one Island on●● ; so that he had a Mind to go to Rome ; he pretended Religion , but the principal design of his Journy , was , Ambition ; the Church of Rome had adopted the old Rites of the Iewish ; for , as the Iewish Church , every Fiftieth year , was to forgive all the Debts of what kind soever , to their Country Men , and to restore all Pledges , Gratis ; and also to set their Hebrew Servants at Liberty : So the Pope , taking an Example therefrom , as Gods Vicar on Earth , did arrogate the Power of forgiving all Offences . For , whereas at other times he trucked out his Pardons by Peice-Meal ; every Fiftieth Year , he open'd his full Garners thereof , and pour'd out whole Bushels full of them publickly to all ; yet , I will not say Gratis . Douglas , with a great Train of Nobles , who were desirous , partly to see Novelties , and partly allur'd by hopes of Reward , sail'd over into Flanders . From thence he Travelled by Land to Paris , and took with him his Brother , appointed Bishop of Caledonia ; who , afterwards , seeing Douglas had no Children , was , by the Kings Permission , put in hopes to be his Heir . In France , he was highly caressed , partly upon the account of their Publick League with the Scots , and partly in Memory of his Ancestors Demerits , from that Crown ; hereupon all Rome was filled with the Expectation of his coming . About Two Months after his departure from Scotland , his Enemies and Rivals began to lift up their Heads ; they durst not , for Fear , complain of him , when he was present ; but now they laid open all the Injuries they had received from him . And when it was once noised abroad , that the Access to the King was easie , and that his Ear was open to all just Complaints . The Troop of Complainants , lamenting their Sufferings , did daily increase , so that all the ways to the Palace were almost stopt by them . The King could not well either reject the Petitions of the Sufferers , nor yet condemn the Earl , in his absence , without hearing of him ; so that he gave a middle Answer , which satisfi'd their Importunity for the present , viz. That he would Command the Earls Proctor , or Attorney , to appear ; that so , in his own Presence , a fair Tryal might be had . Whereupon , the Proctor was summon'd , but did not appear , so that the Kings Officers were sent out to bring him in by force ; when he was brought to Court , some alledged , that he ought to be immediately punisht for disobeying the Kings Command ; in regard , that , by too much Patience , the Kings Authority would be despis'd and run low , even amongst the meaner sort ; for , under the pretence of Lenity , the Audaciousness of the Bad would increase , and the Impunity of Offendors would open the way for more Crimes . The King was not mov'd by those Instigations , but remain'd constant to his Resolution , which was , rather to satisfie his greatest Accusers , by the Compensation of their Losses , than to satiate their Vindicative Minds , with the spilling of his Blood. Hereupon he caus'd the Earls Proctor to be brought out of Prison , and to plead in his Masters behalf , telling him , That if he had any thing to allege in Purgation of the Crimes objected , he should freely declare it , without any fear at all . When he was cast in many Suits , and the King Commanded him immediately to pay the Damages ; The Proctor answer'd , He would defer the whole matter , till the return of the Earl , who was expected in a few Months . This he spake , as 't was thought , by the advice of Ormond and Murray , the Earl's Brothers : When the King was inform'd of his Resolution , he sent William Sinclare , Earl of the Orcades , who was then Chancellor , first into Galway , and then into Douglasdale ; he appointed Sequestrators to gather up the Rents of Douglas's Estate , and so to pay the Damages adjudg'd by Law. But in regard , Sinclare had not Power enough to inforce his Order , some eluded , others Contumeliously abus'd him , so that he return'd without effecting his Business . The King , being provokt by this Contempt of his Authority , Commands all the Favourers of Douglas his Faction to be Summon'd to appear , which they refusing to do , were declared Publick Enemies ; an Army was Levy'd against them , which marcht into Galway . At their first coming , the Commanders were driven into their Castles , but a small Party of the Kings Forces , pursuing after the rest through Craggy Places , were repuls'd , and not without Ignominy driven back to the King. The King , taking it in great Indignation , that a few Vagabond Thieves should dare to make such Attempts , resolv'd to redeem their slighting of him , by attempting their Strongs Holds ; he took the Castle of Maban , with no great difficulty ; but his Soldiers were so much toil'd and weary'd in the taking of Douglas Castle , that therefore he wholly demolisht it . As for the Vassals and Tenants who had submitted themselves , and their Fortunes to him , he Commanded them to pay their Rents to his Treasurers , till Douglas's Estate had fully satisfi'd what was awarded against him by Law. And when this was almost done , he dismist his Army , having obtain'd a good Report for his Lenity and Moderation , even amongst his very Enemies . When these Matters were related to the Earl at Rome , his great Spirit was mightily mov'd ; yea , his Esteem did then abate amongst his own Attendants , so that a great Part of them deserted him , and he enter'd upon his Journy homewards , with but a few Followers . He came through England , and drawing near to the Borders of Scotland , he sent his Brother Iames , to feel the Kings Pulse , how he stood affected towards him . And when the King was appeasable , he return'd home , and was kindly receiv'd , only he was admonisht to abandon and subdue all Robbers , especially those of Annandale , who had plaid many Cruel and Avaritious Pranks in his absence ; Douglas undertook to do so , and confirm'd his Promise by an Oath . Whereupon , he was not only restor'd into his former Grace and Favour , but also made Regent over all Scotland , so that every one was injoin'd to obey his Commands . But his vast Mind , which was always hankering after Supremacy and Height , was not content with this Honour , which was the greatest he could be advanced to , under the King ; but , by his Temerity , he gave the State new Occasions of Suspicion : For he undertook a Journy , very privately , into England , and after his Address to that King , he told him , that the cause of his coming was , That his Estate , though Claimed by him , was not yet restor'd . But this seem'd to Iames , a light , and no way probable , cause of his Journey ; and therefore the King conceiv'd a greater Suspicion in his Mind , which before was not well Reconcil'd , against him ; neither did he conceal his Anger , as supposing that there was a deeper Design hid under that his Discourse with the English King ; Douglas , having now an offended King to deal with , fled presently to his wonted Refuge , the Kings known Clemency , and cast himself at his Feet . The Queen also , and many of the Nobles , interceded for him ; and after a Solemn Oath , that , for the future , he would never act any thing which might justly offend the King , his Fault was forgiven ; only he was deprived of his Office. Whereupon the Earl of the Orcades , and William Creighton , who had always remained Loyal , were advanc'd again , to sit at the Helm . Douglas was very angry with all the Courtiers for this Disgrace , ( for so he interpreted it ) but he was most of all incens'd against William Creighton , for , he thought , that 't was by his Prudence , that all his Projects were disappointed , and therefore he was resolv'd to dispatch him out of the World , either by some Treachery ; or , if that succeeded not , by any other way , whatsoever . And that he might do it with the less Odium , he suborn'd one of his Friends to Witness , that he heard Creighton say , That Scotland would never be 〈◊〉 quiet , so long as any of the Family of the Douglas 's were left alive ; and that the safety of the King and Kingdom , the Concord of the Estates , and the Publick Peace , did depend upon the Death of that one Man : For , he being of a Turbulent Nature , and supported by many and great Assinities , and Irreconcileable by any Offices of Respect , and Advancements to Honour ; 't were better to have him taken out of the way , that so the publick Peace might be confirm'd and settled . This Tale , when nois'd abroad , and believed by many , by reason of the Probability thereof , rais'd up a great deal of Ill-Will against Creighton . Douglas , being inform'd by his Spies , when he was to depart from Edinburgh ▪ lays an Ambush for him , late in the Night , as secretly as he could ; and when he and his Train came to it , the liers in wait set upon them with a great shout ; they , who were first assaulted , were so astonisht at the suddenness of the Danger , that they could not lift up an Hand to defend themselves . But William , being a Man of great Courage and Conduct , assoon as he had a little recover'd himself from his Fright , slew the first Man that Assaulted him , and Wounded another ; and so he , and his Attendants , brake through the midst of their Enemies , having only received some Wounds . He fled to Creighton Castle , and there staid some days , to cure his Wounds ; and soon after , he got a great Number of his Friends and Tenants about him ; and in great silence came to Edinburgh : His speed did so prevent the Noise of his coming , that he had almost surpriz'd his Enemy unawares . Douglas , being thus freed from an unlook'd for Danger , either out of Fear , Shame , or Both , when he saw the Power of the Adverse Faction to increase with the good liking of the People , endeavour'd also to strengthen his own Party , as much as ever he could , and therefore he joins himself in League with the Earls of Craford and Ross , which were the most Noted and Potent Families in Scotland , next to the Douglas's ; a mutual Oath was entred into betwixt them ; That each of them should be aiding and assisting to the Friends , and Confederates , one of another . And , in Confidence of this Combination , they slighted the Forces of their opposite Faction ; yea , and the Kings , too . The King took this in great Indignation ; and besides , he had other fresh Causes of Provocation against him , which hastned his Destruction . Iohn Herris , a Knight , of a Noble Family in Galway , being averse from the ill Practices of the Douglas's , ordinarily kept himself within the Walls of his own House ; but the Annandians were sent in upon him , which did him much mischief ; he often complain'd hereof to Douglas , but in vain ; so that , at length , he determin'd to revenge himself , and to repel Force by Force . And accordingly , he gather'd a Company of his Friends together ; and , entring Annandale , he , and all his Followers , were there taken Prisoners by those Bandity , and being brought to Douglas , he hang'd him up as a Thief ; though the King had earnestly interceded for him , by his Letters . That matter seem'd very hainous , as indeed it was ; so that Speeches were given out , That Douglas , by evil Practices , did endeavour , and that not obscurely , to make his Way to the Crown ; for-now there was nothing else remaining , which could satisfie his vast and aspiring Mind ; Which Suspicion was soon after increast by another Fact , which he committed , as foul , as the former . There was a certain Family of the Macklan's in Galway , one of the best and chiefest , there : The prime Person of that Family had slain one of Douglas his Attendants , from whom he had received continual Wrongs and Affronts , whereupon , he and his Brother were , by Douglas , cast into Prison : The King being made acquainted with it , was very much importun'd by the Friends of the Prisoners , not to suffer so Noble , and otherwise a very honest Man , to be hal'd forth , not to a Legal Tryal , but to an undoubted Destruction , the same Man being both his Capital Enemy and his Judge too ; and that it was not his present Crimes , which did prejudice him so much , as that he had always been of the Honest or Royal Party . Hereupon , the King sent Macklan's Uncle , a worthy Knight , and Kin also to Douglas , to Command him to send the Pris'ner to Court , that the Matter might be Tryed there , in due course of Law. The Earl receiv'd Gray very courteously , but , in the mean time , he caused Execution to be done upon the Pris'ner , and intreated Gray to excuse him to the King , as if it had been done by his Officers , without his Knowledge : But he , perceiving how manifestly he was deluded , was in such a Rage , that he told Douglas , That from that Day forward , he would renounce all Alliance , Friendship , or any other Obligation to him , and was resolv'd to be his perpetual Enemy , and do him all the Mischief he could ; when the news hereof was brought to Court , the Fact seem'd so unworthy to all that heard it , that Speeches were openly scatter'd , That now Douglas did exceed the bounds of a Subject , and plainly carry'd himself as a King ; For , to what other purpose else did his Combinations with the Earls of Craford , Ross , Murray , and Ormond tend ? And moreover , his private Discourse with the King of England , his putting Good Men to Death , and his allow'd Licentiousness in pillaging the People , were Indications of the same Design : Now , Innocency was accounted Cowardize , and Loyalty to the King punish'd as Perfidiousness ; that the Enemys of the Common-wealth grew insolent , by the overmuch Indulgence of the King ; That 't was time for him now to take the Reins of Government into his own Hand , and to act as a King , himself ; and then it would appear , who were his Friends , and who were his Enemies ; or , if he did not dare to do it openly , by reason of the Powerfulness of some Men ; yet , by some private way or other , he should punish Treachery ; but , if he were so fearful , as not to do so , neither ; what remain'd , but that they , who had hitherto been constant in their Loyalty to him , should now at length provide for themselves ? These Discourses , thô the Life of the Douglas's , and the Credulity of the King , ( prone to Suspicion ) did confirm to be true : Yet the King , out of his innate Clemency , or else , having , before , laid his Design , se●ds for Douglas to Court ; He , being conscious of so many mischievous pranks he had plaid , and calling to remembrance , how often he had been pardon'd ; and withal , understanding , how distastful his new League with Craford was to the King , tho' he put great confidence in the King's Clemency ; yet , being more inclin'd to Fear , refus'd to come ; alleging , that he had many powerful Enemies at Court , and some of them had lately lain in wait to take away his Life . Hereupon , to remove this his Fear , many of the Nobles about the King sent him a Schedule with their Hands and Seals to it , promising upon Oath , that if the King himself should meditate any thing against his Life , yet they would dismiss him in safety ; so that Douglas , encourag'd by the King's Clemency , and by the Publick Faith , testify'd by the Subscriptions of so many Noble Persons , with a Train of Followers came to Sterlin , where he was courteously Treated by the King , and invited into the Castle . After Supper , with great hilarity , was ended , the King took him aside into his Bed-chamber , with but a few of his Confidents , he did not so much as admit Those , to whom he was wont to communicate his most secret Counsels . There , he ript up , from the very beginning , the Loyalty and Valour of his Ancestors , and his own Indulgence towards their Family ; and especially towards himself ; who , having committed many hainous Offences , either by the Greenness of his Years , or by the Persuasions of wicked Men , he had freely pardon'd ; always hoping , that either by his courteous Clemency toward him , or else by the Maturity of his Age he would be Reform'd ; and as yet , says he , I despair not , but it may be so ; and , if you repent of what you have impiously committed , the door of my Clemency shall never be shut against you . This last League ( proceeded he ) with Craford and Ross , as it is not Creditable for you ; so it is ignominious to me , and therefore , tho' I take it much amiss , that you entred into it , yet I put it into your Power , and , as yet give you liberty to cancel and break it off ; which tho' , by my Prerogative , I may command , yet I had rather , by fair means , persuade you so to do ; that seeing all Mens Eyes are upon you , you may avert all cause of Suspicion with greater Diligence : Douglas answer'd submissively enough to all other Points ; but when he came to the Mention of the League , he was somewhat perplext , and did not clearly declare , what he would do ; but that he would advise with his Associats , neither did he see any Cause , why the King at present should tye him to a Breach of it , seeing there was nothing contain'd therein , which might justly offend him . The King , either having resolv'd upon the Fact before , or e●se provok'd by his contumacious Answer ( as the Courtiers say ) replyed , If thou wilt not break it , I will ; and immediately struck his Dagger into his Br●ast . Those that stood at the Door , hearing the Noise , rusht in , and destroy'd him quite with many Wounds ; Some say , that next after the King , Patrick Grey , of whom mention was made before , struck him into the Head with a Bill ; and the rest that came in , to shew their Duty to the King , every one gave him a Blow . He was slain in the Month of February , in the Year 1452. according to the Roman Account . He had then 4 Brothers in Sterlin , whom a great number of the Nobility had accompany'd thither ; they , as soon as ●ver they heard of what was done , ran in great amazement to the●● Arms ( as in such suddain Hurly-burlies it uses to happen , ) and filled the Town with Noise and Clamour ; but when the Tumult was appeas'd by the Nobles , they were Commanded to go , each Man to his respective Lodging . The next Day they met to consult , and First of all , Iames was call'd Earl , in the room of his Brother , who was slain ; he mightily inveigh'd against the Perfidiousness of the King and the Courtiers , and advises to Besiege the Castle with what Force they then had , and with all speed , to Levy more ; and so to pull out those Men out of their lurking holes , who were valiant only to commit perfidious Mischiefs , whilst they were yet in some Fear and Trepidation for the Guilt of their Offence . The Company commended the Piety of Iames , and the Couragiousness of his Spirit , but were averse from his advice to a Siege , because they were not prepar'd with any Materials for so great an Enterprize ; so that they all departed home , and after Consultation with the Chief of their Friends , the 6th of the Calends of April , they return'd again , and tyed a Cord to an Horse Tail , on which they fastned the Schedule of the King and Nobles , promising the Publick Faith to Douglas for his Security ; This they drew through the Streets , abstaining from no manner of Reproach , either against the King or Council ; when they came to the Market-place , they Proclaim'd the King , and Those that were with him , Truce-breakers , Perjur'd Persons , and Enemies to all Good Men. Moreover , they were angry with the Town , tho' that had committed no Offence , and after they had pillaged it , they sent Iames Hamilton back to Burn it ; yea , their Fury continued for some Days , so that they rang'd all over the Country , and made Havock of the Lands of all those , who were Loyal to the King ; they besieg'd the Castle of Dalkeith , and took an Oath not to depart from it , till they had taken it ; for they were very Angry with Iohn , the Owner of it , because he , and the Earl of Angus , had separated themselves from the Counsels of the rest of the Douglasses ; The Siege lasted longer than they expected , for Patrick Cockburn , Commander of the Garison , made a strenuous Resistance against all the Efforts of the Enemy ; So that , after they had lost a great many men , they were worn out with Toils and Watchings , and so broke up the Siege . In the mean time , the King levied an Army , to relieve his distressed Friends , but seeing he had not Strength enough to encounter the Douglasses , he resolv'd to wait the coming in of Alexander Gordon , to his assistance , who had levy'd a good Force in the Northern Parts , and was marching towards him ; but as he was coming thro Angus , Craford , with a considerable Body , met and oppos'd him at Brechin , where a sharp Battel was fought , betwixt them ; when the King 's main Battel was giving ground , as not able to indure the shock of the Angusians , Iohn Colace , who commanded the Left Wing , forsook Craford ; having born him a Grudge , and so left the main Body of the Army naked . Hereupon , those who were almost Conquerors , being struck with terrour , turn'd their Backs and sled away . Thus Gordon unexpectedly got the Victory , yet with much loss on his side , his two Brothers , and a great Number of his Friends and Followers being Slain ; of the Angusians also , there fell several men of Note ; and , amongst the rest , the Earl's own Brother . As for the Earl himself , he turn'd his Wrath from the Enemy to those who had deserted him , he storm'd their Castles , and spoil'd their Lands with Fire and Sword ; and he had the better Opportunity so to do , because that Gordon made a speedy Return into his own Country , when he heard , that the Earl of Murray was exercising all manner of Cruelty against his own Territories ; so that , he was forced to march back with his Victorious Army , where he not only revenged his Loss upon his Enemy , but also quite expell'd him out of his Country of Murray . These things were acted toward the End of the Spring . In the interim , the King , by the advice , chiefly of Iames Kennedy , caus'd an Assembly of the Estates to meet at Edinburgh , to which he Summon'd , by an Herald , the Earl of Douglas , and the Nobles of his Party , to come . But he was so far from obeying him , that , the next Night , he caus'd a Libel to be hung on the Church doors , That he would not trust the King with his Life , nor yield Obedience to him , for the future , any more , who had sent for his Kinsman to Edinburgh , and his Brothers to Sterlin , under the Protection of the Publick Faith , and there had perfidiously slain them , without Hearing their Cause . In this Assembly , the Four Brothers of the late Earl which was slain , Iames , Archibald , George and Iohn , with Beatri● the Earls late Wife , and Alexander , Earl of Craford , were declar'd Publick Enemies to the Common-wealth . Many persons were advanc'd to be Noble men , and Rewards were assign'd them out of the Rebels Estates ; An Army was levy'd to pursue the Enemy , which , after some devastation of the Country , driving of Bootys , and burning Corn in the Granarys , was again dismist in Winter , because the Soldiers could not then keep the Field , and an Expedition was appointed against the Spring . In the mean time , Iames Douglas , left the wealth of his Family , which was mightily increas'd , by rich Matches , should pass away to others , took Beatrix , the Relict of his Brother to Wife , and treats with the Pope to confirm the Marriage ; But the King , by his Letters , interpos'd and hindred him from giving his Ratification to it . This Year , and the next following , there was Bandying between the Parties , Lands were pillag'd , some Castles overthrown ; but they came not to decide the main Controversy in a Set Battel ; the greatest Part of the damage fell on the Countys of Annandale , Foress , and the Neighbouring Countys of the Douglasses : After this Devastation of the Lands , there follow'd a Famine , and after the Famine , a Pestilence ; yet the Wisest of Douglas's his Friends sought , many times , to persuade him to endeavour a Reconciliation with the King , and so to lay himself and all his Concerns at his Feet , whom his Ancestors had before found very merciful ; Especially , since he had a King , who was easily exorable in his own Nature ; and moreover , might be made more reconcilable by the Mediation of his Friends , and that he would not suffer so noble a Family , as His was , to be extirpated by his Obstinacy ; nor betray the Lives of so many brave Men , who follow'd his Party ; neither yet bring them to that Point of Necessity , that , after having suffer'd so many Calamities , they should be forc'd to make Terms for themselves : Whilst he was in a good Condition , he might make an easy Pacification ; but , if once his Friends deserted him , there would then be no Hope for him to obtain his Pardon . The Man , being in his Youthful Age , and of a Fierce Disposition too , made Answer , That he would never submit himself to their Power , who were restrain'd by no Bonds of Modesty , nor by any divine or human Law ; who under fair Promises had inticed his Cosins , and his Brother to come to them , and then , perfidiously and cruelly . Slew them : In a Word , he would suffer the height of all Extremities before he would ever put himself into their hands . This his Answer was either approv'd , or dislik'd , according to every Man's Humour ; Those who were Violent , or who made a Gain of the publick Miseries , commended the Greatness of his Courage ; but the Wiser sort persuaded him to take Opportunity by the Forelock , lest , after his Friends had forsaken him , he might complain , that he had neglected the Time for a Pacification , when 't was not to be redeem'd , which is usually the end of Headlong Counsels . But the Earl of Craford , being weary'd out with so long a War , and withal , considering with himself the very Unjustness of his Cause , together with the common Mutations of human Life , as also knowing that Pardon might easily be Obtain'd , if he did preoccupy the Kings Favour ; but very difficultly , if he stood it out ; and besides , being forsaken by some of his Friends , and suspecting the Fidelity of the rest , put himself into such an Habit , as might most move Pity , and thus bare-headed & bare-footed , in most humble manner , he came to the King , as he was passing thro' Angus ; he ingeniously confest the offences of his former Life ; he cast himself and all his concerns upon the King's Mercy , having first prefaced something concerning the Fidelity and good Services which his Ancestors had performed to their Kings ; he was conscious , that his fault had deserv'd the Extremity of Punishment , but whatsoever hereafter he had either of Life or Fortune , it would be a Debt wholly due to the Kings Clemency . Having spoken these , and other words , of the same import not without Fear , all the Spectators were much moved and affected , especially some of the Nobility of Angus , and tho' they themselves had , in former times , followed the Kings Party , yet they were unwilling , that so eminent and ancient a Family should be destroy'd . Iames Kennedy carry'd himself , at the same time , like a good Bishop and a Friendly Patriot , for he not only forgave the Earl the many grievous Injuries he had done him , but further commended his Suit , and spake in his Favour , to the King , for he foresaw , as it after hapned , That , by this Accession , the Kings Party , would be strengthen'd , and his Enemies weaken'd daily , for the future ; in regard many were likely to follow the Example of this Great Man. And besides , the King thinking , that his former Fierceness was tam'd , and that he was really penitent for what he had done , was not hard to be intreated , but gave him his Pardon , restor'd him to his former Estate and Honour , only advis'd him , for the future , to keep within the Bounds of his Duty : And indeed , Craford , being thus ingag'd by the Lenity and Facileness of the King , did afterwards endeavour to perform him all the Service he possibly could , he followed him with his Forces in his March to the furthest Parts of the Kingdom , and having setled Things there for the present , he entertained him nobly at his House , in his return , and when he march'd to make a full end of the Civil War , he promis'd him all the Force , he could make ; and , indeed , the whole course of his Life was so chang'd , that , laying down his former Savageness , he liv'd courteously , and in Complaisance , with the Neighbouring Nobility ; so that his Death , which followed soon after , brought the greater Grief to the King and to all the People . The King thus weakning Douglas's Party by degrees , his remaining Hopes were from England , if possibly he might obtain Aid from thence . Hereupon , he sent Hamilton to London , who brought him back Word , that the King of England would undertake a War against Scotland , on no other Terms , but that Douglas must submit himself and all his Concerns to that King , and acknowledge himself a Subject of England ; So that , his Hopes thence were cut off ; and , on the Other side , the King of Scotland prest hard upon him by his Edicts , Proscriptions and Arms ; yea , by all the Miseries , which accompany Rebellious Insurrections ; So that , Hamilton advis'd the Earl , not to suffer the King to nim away his Forces by piece-meal ; and , by catching a Part , to weaken , and in time , overthrow the Whole ; he should rather march out with his Army , trust Fortune , put it to a Battel , there to dye Valiantly , or conquer Honourably . This Resolution ( said he ) is worthy of the name of the Douglass●s , and the only Way to end the present Miseries . Being alarum'd with this Speech , he gather'd as great an Army as he could , of his Friends and Dependants , and marched out to raise the Siege of the Castle of Abercorn ; for the King , after he had demolish'd many Castles of the Douglasses , had at last besieged That . It was a very strong Hold , se●tuate almost in the Mid-way between Sterlin and Edinburgh . When Douglas came so near , that he saw , and was seen by , the Enemy , his Friends advis'd him to push at all , and either to make himself renown'd by some Eminent Victory ; or , by a Noble Death , to free himself from Reproach and Misery ; but when all his Party were ready for the Onset , he daunted all their Spirits by his own Delay , for he retreated with his Army again into his Camp , and determin'd to draw and eke out the War , at length : His Commanders dislik'd his Design ; and Hamilton , not enduring his Cowardize , and despairing of the Success of his Arms , that very Night revolted to the Kings Party . Upon this his Defection , the King gave him his Pardon , but not putting any great Confidence in him , because of his Subtilty , he sent him Prisoner to * Rosseline , a Castle belonging to the Earl of the Orcades , but afterwards , by the Mediation of his Friends , he was releas'd , and receiv'd into Favour , and that unbloody Victory ascribed to him , as the main Occasion thereof . The rest of the Douglassians follow'd Hamilton's Example , and slipt away from him , every one , whither he thought most convenient for himself ; so that , at length , the Castle , after much Loss on both sides , was taken , the Garison put to the Sword , and after 't was half demolished , it was left as a Monument of the Victory . Douglas , being thus deserted by , almost , all his Friends , with a few of his Familiars fled into England , from thence , not long after , he made an Inrode with a smal Party into Annandale , which was then possest by the Kings Garisons ; but , being worsted in a Skirmish , He , and his Brother Iohn escap'd ; Archibald , Earl of Murray , was slain ; George was much wounded and taken Prisoner , and after his Wounds were cur'd , was brought to the King , and put to Death . In an Assembly of the Estates held at Edinburgh , in the Nones of Iune , in the Year 1455. Iames , Iohn , and Beatrix , all Douglasses , were again proscrib'd : The Publick Acts do make Beatrix their Mother , which seems not very probable to me , unless , perhaps , they might be called her Sons , by Adoption . Earl Iames having thus lost his Brothers , being deserted by his Friends , and distrusting the English , that he might leave no Stone unturn'd , apply'd himself to Donald , King of the Aebudae , a man bad enough in his own Nature : They met at Dunstafnage , where he easily persuaded him to joyn with him , in the War ; whereupon , they committed great Outrages on the Kings Provinces , near adjoyning , without distinction either of Age or Sex ; there was nothing spar'd which could be violated by Fire or Sword ; the like Cruelty was us'd in Argyle and Arran , and then being laden with Booty , he return'd home ; and afterward , having wasted Loch-Abyr and Murray , he turn'd to Innerness , he took the Castle , pillag'd and burnt the Town . Neither were the English quiet all this while , but , watching their Opportunity , they made Incursions into Merch , where they slew some men of Note , who endeavoured to oppose their furious Ravaging , and so returned home without Loss , but full of Plunder , from that opulent Country . The next Year after , Beatrix , Wife to the former Earl of Douglas , and also living for some years with Iames , his Brother , as his Wife , came in to the King ; She laid all the Fault of her former Miscarriages upon Iames , that she being a Woman , and helpless , was inforc'd to that Wicked Marriage ; but at the first Opportunity , as soon as Iames was absent , she was fled from that Servitude ; that now she laid her self , and all her Concerns , at the Kings Feet , and whatever Order he should please to make concerning her , or her Estate , she would willingly obey it . The King receiv'd her into his Protection , gave her an Estate in Balvany , and Married her to his Brother , the Earl of Athole , by the same Mother ; The Wife of Donald , the Islander , followed her Example , she was the Daughter of Iames Levingston , and was Married to Donald , by her Grandfather , the Regent , by the persuasion also of the King , that so He might a little soften the rugged disposition of the man , and keep him firm to the Kings Party : But then , her Kinsman being restor'd to the Favours and Graces they formerly had , and her Husband having joyned himself to the Douglassian Faction , she was every day more and more slighted and despis'd by him , so that she implor'd the Kings Assistance against his barbarous Cruelty . There was no need of her making such an Apology , in regard , the King himself had been the Author of the Match , so that she was nobly treated , and had a large Revenue setled upon her for her Life . About the same time , Patrick Thornton , who had followed the Court a great while , yet was secretly of Douglas's Faction , slew Iohn Sanderland of Caldar , a Young man of about 20. years of Age , ●nd Alan Stuart , of Noble Families , Both , and of eminent Faithfulness to the King , having got a convenient Opportunity so to do at Dunbarton , and soon after he himself was taken by the Clans of the Adverse Party , and Executed for the same ▪ This Year was remarkable for the Death of many Noble Personages , but especially of William Creighton . He , tho' born of an Equestrian Family , yet , by reason of his great Prudence , Fortitude , and his Singular Loyalty to the King , even to the last day of his Life , left a great Loss behind him to all Good men . The next Year , the English , being incouraged by their Impunity for former Injuries made great spoil in Merch , under the command of Henry Percy , Earl of Northumberland , and Iames Douglas , the Exile ; to hinder their devastations , George Douglas , Earl of Angus , gathered a Party of his Countrymen together , and made an Assault on the Plunderers , and drave that Part of them , which he assaulted , in great Confusion , back to their own Standards ; the English , being mov'd at this Indignity , marched on their Army , before the rest had recover'd their Colours , and the Scots were as ready to receive them . The Fight was manag'd on both sides , with greater Courage than Force , a great while , neither did any odds appear , till the English , who were scatter'd up and down the Country by the Noise and Temult , perceiving that the Enemy was come , for fear of losing the rich Booty they had gotten , hasted directly home ; their departure gave an easier , but yet not unbloody , Victory to the Scots , there being almost an equal number slain on Both Sides , but many of the English taken in the pursuit : The News of this Victory , being brought to the King , did something relieve his Mind , which was opprest with Thoughtfulness between the Arms of his own Subjects ; and of the English ; afterwards , Donald the Islander , perceiving the ill success of his Affairs , was inforc'd to send Agents to the King , to intercede for a Peace ; They , in an humble Oration , commemorated the King's Clemency shew'd to Craford , and the rest of his Partisans , in the same Cause ; as for their own Crimes , they laid them on the Fatality of the Times ; but , for the future they made large Promises , how Loyal and Obsequious Donald would be . The King seem'd to be somewhat affected with their Speech , yet gave them but a middle Answer ; neither quite pardoning Donald , nor utterly excluding all hopes of his Pardon ; he told them , That his many Crimes were very evident , but he had discover'd no Specimen of a chang'd Mind in him ; if they would have the Penitence , which they pretended in Words , to be believ'd as really True and Hearty , he should make Restitution for the Loss , he had formerly caus'd ; and restore their Estates to such , as he had outed of them ; and thus to cancel the Memory of his former Mischiefs , by some Eminent and Loyal Service . 'T is true ( said he ) no Virtue becomes a King more than Clemency , but Care must be had , lest the Reins of Government be not let loose by too much Lenity ; and so Evil Men rather made more insolent , than Good Men excited to their Duty , thereby ; that he would give Time to Donald , and his Party to manifest by some Tokens , that they repented of their Miscarriages , and that they should always find him towards them , such as their Actions and their Words did Declare them to be . In the mean time , they need not fear , for Now it was put into their own Power , whether they would every Man be Happy or Miserable , for the future . By this means , intestine Discords were either compos'd , or else laid asleep , so that the King now bends all his Care against England ; whilst he was consulting concerning a War with them , and concerning their frequent violations of Truces ; behold ! Embassadors came from the English Nobility , to Desire Aid against Henry , their King ; For Henry had slighted the Nobles , and advanc'd Upstarts ; by whose Advice , his Wife , a Woman of a Manly Spirit and Courage , Ruled the Roast . And , besides , the King had incurr'd the Displeasure and Contempt of his Friends , because things had not succeeded well in Aqui●ane and Normandy ; for they , having lost so many Provinces , and being now pent up within the Ancient Bounds of their own Island , did mutter and grumble , that the Kings Sluggishness , and the Queens Pride were no longer to be endur'd . The Heads of the Conspiracy , were , Richard Duke of York , with the Earls of Salisbury and Warwick ; when the English Embassadors had discours'd much concerning the Justness of their Cause to begin a War ; and also concerning their own Power , and the Cowardly Temper of their King , they crav'd Aid against him , as against a Common Enemy , who was fearful in War , fordid in Peace ; and who had nourish'd Civil Discords amongst the Scots , and had assisted their Exiles ; withal , they promis'd , if they got the Victory , to restore the Castles and Countries which were taken in former Wars from the Scots . The King , by Advice of his Council , made Answer , That he , before , knew the State of the English Affairs , and that he was not ignorant of the Right or Demands of either side ; but that he would not , intetpose Himself an Arbiter in another Mans Kingdom , unless he were chosen by both Parties to that Office. As to the War , he had long since determin'd to revenge the Injuries of the former Times , and ●f he could not otherwise obtain the Places he had lost , on the Occasion of these Discords , he would recover them by Force ; But if the Duke of York , and his Party , would promise to restore Them , then he would assist him against Henry . The Embassadors agreed to the Terms , and so return'd home . The King prepar'd his Forces , and was about to enter England , when , behold ! an English Impostor ▪ sent by Henry , met him , he had been a long time at Rome , and was well acquainted with the Speech and the Customs of the Italians ; his Habit and Train was all Outlandish , and he had counterfeit Letters , as from the Pope ; whereby he was easily believ'd by Men , suspecting nothing , but to be a Legate sent from him ; and to gain the greater Credit to his Impostures , he had a Monk with him , whose fained Sanctity made the Fraud less suspected ; they were brought to the King , and in the Popes Name , Commanded him to proceed no further with his Army ; if he did , they threatned to Excommunicate him with Bell , Book , and Candle . For the Pope ( said they ) is wholly intent upon a War against the Common Enemy of Christendom , and so would have the differences compos'd all over Europe , that they might be free for that War ; and that they were sent before to give him Notice hereof ; but there was a more Solemn Embassy , which would shortly arrive , and which , they believ'd , was already come as far as France , to decide the Civil Discords of England , and to give satisfaction to the Scots , for the Wrongs they had sustain'd . The King did not imagine any Fraud in the Case , and desiring nothing more than an Honourable Peace , in regard , things at home were not quite setled to his Mind , Obey'd the Legate , and Disbanded his Army . He had scarce dismist it , but he was advis'd from England , that this suppos'd Embassador was a Cheat , so that he gather'd again some Forces ; and because he could not joyn the Duke of York , that he might keep off some of the King's Force from him , and also revenge his own Wrongs , he march'd directly to Roxborough ; the Town he took , and destroy'd it at his first coming ; but whilst he was laying Siege to the Castle , Embassadors came from York , and his Associats , informing him , that their King was overcome , and the War ended in England ; They gave him Thanks for his Good-Will , and his Desire to assist them in the maintenance of their Lives and Honours , and that they would , in time , be mindful to requite the Courtesie ; but , at present , they desir'd him to raise the Siege , and draw off from the Castle , and likewise to forbear any other Act of Hostility against England . For otherwise , they should be laden with great Envy amongst the People , who could hardly be contain'd , or satisfy'd , but that an Army must presently march against the Scots . Iames congratulated their Victory , but ask'd the Embassadors , Whether the Duke of York , and his Allies , had given them nothing in Command concerning restoring the Places promis'd . He Answer'd , Nothing : Then , ( said he ) before your last Embassy came to me , I was determin'd to pull down that Castle , which is built upon my Land ; neither , since that time , am I so much obliged by the Courtesies of that Faction , as to give over an Enterprize , which is begun , and almost finisht : As for the Threatnings made , either by the People , or by Them , let them look to it , goe you and tell them , that , I will not be remov'd hence by Words , but Blows . Thus the Embassadors were dismist without their Errand , and whilst he did press upon the Besieg'd , by all the hardships of War ; Donald , the Islander , came into his Camp with a great Band of his Country-men . He , to obtain the easier Pardon for his past Offences , and fully to Atone and Reconcile the King , promis'd him , that if he would march forward into the Enemies Countries , as long as he was there , he would march a Mile before his Army , and endure the sharpest , and first , of all Brunts and Hazards : But he was Commanded to be near the King , yet some of his Troops was sent out to prey upon the Country . It happen'd also , that , at the same time , Alexander Gordon Earl of Huntly brought in new Forces to the King. This Accession of Strength made the King more resolute to continue the Siege , tho' a strong Defence was made by Those within ; So that , whereas before it was a Blockade only , a well-laid and close Siege was now made ; when he had Soldiers enough , some presently succeeded in the Places of others , insomuch , that the Garison Soldiers ( of whom many were Slain , many Wounded , and unfit for Service , the rest tired out with continual Toil and Labour ) were not so eager to run into the Places of most Danger , as before ; and to strike the more Terror into them , the King gave Command to batter part of the Wall with Iron pieces of Ordnance , which were then much us'd , and were very terrible : And whilst the King was busie about one of them , to press on the work , the Fire catcht within it , and with its force drove out a wooden Wedg , or Plug , which immediately fell'd the King to the Earth , and slew him , without hurting any body else . Those Courtiers who stood next him , tho' they were terrify'd at this sudden Accident , yet they cover'd his Body , left , if his Death were divulg'd , the Common Soldiers should run away . The Queen , who that very Day came to the Camp , did not give up her Mind to Womanish Lamentations , bur call'd the Nobles together , and exhorted them to be of good Courage , and that so many valiant Men should not be so dismayed at the Loss of One , as counting it dishonourable to desert a Business , that was almost ended ; She told them , She her Self would speedily bring them another King in the place of him that was slain ; in the mean time , they should press with might and main , upon the Enemy , lest he might grow more resolute , upon News of their Generals Death , and so imagin , that all the Courage of so many valiant Men was extinguisht in in the Fate of one Person only : The Officers were asham'd to be exceeded in Courage by a Woman . Whereupon , they assaulted the Castle with such Violence , that neither Party was sensible that the King was lost . In the mean time , Iames the King's Son , being about 7 Years of Age , was brought into the Camp , and Saluted King. And 't was not long after , before the English , being tired out with Watching , and continued Service , surrendred up the Castle to the new King , upon Condition , to march away with Bag and Baggage . The Castle , that it might be the Occasion of no new War , was levell'd to the Ground . This End had Iames the 2d , in the Year of Christ , 1460. a few Days before the Autumnal Equinox , in the 29 th Year of his Age , and the 23d of his Reign ; he had been exercis'd always , even from his Youth , with Domestick or Foreign Wars ; he bore Both Estates of Life , the Prosperous and Adverse , with great Moderation of Mind , he shew'd such Valour against his Enemies , and such Clemency to those that submitted themselves , that All Estates were much afflicted for his Loss ; and his Death was the more lamented , because 't was sudden , and that in the Flower of of his Youth , too ; after he had escap'd so many Dangers , and when the Expectation of his Virtues was at the highest : And he was the more miss'd , because his Son was yet immature for the Government ; whilst Men consider'd , what Miseries they had suffer'd for the last 20 Years , the Ashes of which Fire were hardly yet rak'd up ; so that from a reflective Remembrance of what was Past , they seemed to Divine the Estate of future Things . The Twelfth BOOK . James III. The Hundred and Fourth King. JAMES II. as I have related , being slain in his Camp , to prevent all Controversy concerning the Right of Succession , ( which had happen'd at other times ) his Son Iames a Child of about 7 Years Old , who was the younger of the Twins , and surviv'd his Brother , enter'd upon the Government in the Town of Kelsoe . Afterwards , when the Nobles , according to Custom , had taken their Oaths of Allegiance to him , 8 Days after he began his Reign , he left his Army , and retir'd home ●o the Castle of Edinburgh , to be under the Tutelage of his Mother , till an Assembly of the Estates were Celebrated , to determin of the Grand Affairs of the Kingdom . The Assembly was Indicted later than ordinary , because Matters was not compos'd in England , and yet quiet in Scotland : So that , the Nobility were of Opinion , That War was first of all to be thought on , that so they might revenge old Injuries , and punish their Enemies by some notable Loss , who did always lye at catch , to take Advantage of the Distresses of Others . Hereupon , they marched into the Enemies Country , without any resistance , where they committed much spoil , and demolished many Castles , from whence the Enemy was wont to make suddain Incursions , the Chief of which was W●rk , situate on the Banks of the River Tweed , formerly very injurious to the Country of Merch. The Army ravaged over the Enemies Country , as far as they could , for the time of the Year , and , at the very beginning of Winter , returned home . This Year , Henry King of England was Taken by the Duke of York , and brought to London ; there a Form of Peace was concluded betwixt them , for Henry durst not deny any thing ; That He , as long as he lived , should bear the Name , and Ensigns or Badges , of a King , but the Power of Government should be in York , under the Name of a Protector . And when Henry Died , Then the Name also of King was to be transferred to Edward , and his Posterity . Whilst these Things were acted at London , News was brought . That the Queen was marching up with a great Army , to Redeem her Husband out of Prison . York went out to Engage her with about 5000 Men with him , leaving the Earl of Warwick , and King Henry behind ; he marched as far as Yorkshire , and , lest He , who , in France , had Defended himself against great Armies , not with Walls , but with Arms , should now shun a Battel with a Woman ; He Fought against a far greater Number than his Own ; and , in the Fight , He , his youngest Son , and a great many Nobles were slain . The Heads of the Commanders were set up as a Spectacle , upon the Gates at York . The Queen , thus Victorious , and marching on further to Deliver the King ; the Earl of Warwick met her , bringing the King along with him , as if he would Defend the Pact made concerning the Kingdom , under his good Omen . Both Armies met at St. Albans , which is thought to be the Old Verulam , where the Queen was again Victorious ; She slew the Commanders of the adverse Army , released her Husband , and marched directly up for London ; but considering , that the Earl of Pembroke was sent by Her to gather Forces , as was also York's Son by his Father , and that these Two had had a Fight in their March ; wherein Edward the Son of her Enemy was Victorious ; and withal , knowing , what cruel Hatred the Londoners bore against Her , She withdrew towards Northumberland , because She looked on that Part of England , as the Seminary , or Source , of Her Strength . There She was also Overcome in a Bloody Fight , more than 36000 valiant Men being reported to be slain , and the Enemy pressing upon Her , and giving Her no Time to recollect Her Forces , She , her Husband and Son , fled into Scotland . The Conqueror call'd himself Edward the Fourth , King of England ; Henry desired Aid in his Distress , and , by means of Iames Kennedye , Archbishop of St. Andrews , who then surpassed all in Scotland in point of Authority , and Opinion of his Prudence , he was Entertain'd with a great deal of Honour and Respect ; so that he was erected to some Hope of recovering his former Dignity ; and to nourish that Hope , by all the actual good Offices which he could , he restored the Town of Berwick to the Scots , ( which the English had held ever since the Days of Edward I. ) The Scots , upon this Obligation , did assist Henry's Faction in all things , not only in piecing up the Relicks of his former Misfortunes , but promising him more Aid , in time , to recover his Own. And , that the Friendship now begun might be the more firmly established ; the Two Queens , Both of Them of French Descent , began to Treat concerning a Marriage between Iames his Sister , and Henry's Son , whom they called Prince of Wales , tho' neither of them , as yet , were above Seven Years old . Philip of Burgundy , Uncle to the Queen of Scots , but a Mortal Enemy to the Queen of England , endeavoured by all means possible to hinder this Marriage ; For he sent Grathusius a Nobleman , his Embassador for that purpose : For Philip was at such deadly odds with Renatus , Grandfather to the Lady by the Mother's side , that he sought all Occasions to hinder his Stock from increasing ; so that in Favour of him the Matter was , at that time , rather delayed , than broke off . But the Fortune of Henry kept off the Event , which Philip of Burgundy feared . For , being something encouraged by the Kindness of the Scots towards him , and also by some comfortable Letters sent from his Friends out of England , he sent his Wife beyond Sea to * Renatus her Father , to procure what Aid she could from her Foreign Friends ; She prevailed so much in France , that her Faction were to have a safe Place of Retreat there , but her Adversaries were excluded ; and , moreover , she obtained 2000 Men , as Monstrelet says , under Warren their General ; but as Ours , and the English , Writers , ( to whom I rather assent ) 500 , Commanded by Peter Brice , or , as some call him , Brace , a Britton , rather as Companions for her Journy , than as any Auxiliary Aid ; With this small Band she returned into Scotland , and thought fit to attempt something , not doubting , but at the Noise of Foreign Assistance , her Countrymen would rise and joi● with her , whereupon she made a Descent at Tinmouth ; but this small Company , being dismayed at the report of a great Force coming against them , without the performance of any thing remarkable , returned to their Ships ; where also , as if Fortune had crossed them on all hands , they were encounter'd with a grievous Tempest , which drove the greatest Part of them , who followed the Queen to Scotland , into Berwick ; bu● some few of them were cast upon the Isle Lindisfarm , where they were taken by the Enemy and slain . But the Manly spirited Queen was nothing discouraged at this Misfortune , but levied a great number of Scots to join with her own Soldiers , and resolves to try her Fortune , once again . Whereupon she left her Son at Berwick , and she and her Husband entred Northumberland , where she made great Devastation , by Fire and Sword , in all the adjacent Parts . At the report of this new Army , some of the Nobles , as the Duke of Somerset , and Ralph Percy , and many of Henry's old Friends besides , who , for fear of the Times , had retired to King Edward , came into Them ; but there was a far greater Confluence from the adjacent Parts of England , of such Persons as had lived Rapacious Lives , in hopes of some new Prey . To appease this Commotion , Edward makes great Military Preparation both by Land and Sea ; he commanded the Lord Mountague , with a great part of the Nobility , to march against the Enemy , and he himself would follow with his whole Army . Both Armies pitched their Tents not far from Hexham ; but the Common Soldiery who came in for Booty , beginning to slip away , Henry thought it best , in such a desperate Case , to put it to a Push , and accordingly a Fight begun , wherein he was overthrown , his chief Friends were either slain , or taken Prisoners , and he himself made an hasty Retreat to Berwick ; of the Prisoners , some had their Heads cut off presently ; and some , a while after . Edward having thus got the Day , by the Generals of his Forces , came himself to Durham , that so he might prevent the Incursions of the Scots by the Terrour of his Neighbouring Army ; and also , that , by his Presence , he might quell any Domestick Insurrections , if any such should happen . Whilst he was there , he sent out part of his Army under several Commanders to take in the Places possessed by his Enemies , of which having taken many by Storm , or by Surrender , at last he laid Siege to the Castle of Alnwick , which was greater , and better fortified , than the rest , and which was maintained by a Garison of French , who defended the Castle very well , in hopes of Relief from Scotland , which was so near at hand . But the Scots having lately had ill success in England , an Army could not be so soon levyed , as the present Exigent required , for the raising of the Siege ; insomuch , that whilst others were backward , and delayed to give in their Opinion , George , Earl of Angus , undertook , with great Audacity , the Matter , which was so full of hazard . He collected about 10000 Horse , of his Friends , Vassals , and the Neighbouring Province , of which he was Governor ; He came to the Castle , and Horsed the French , that were in Garison , upon some empty Horses he had brought for that purpose , and so brought them off safe , even to a Man , into Scotland , whilst the English stood and looked on , as amazed at the Boldness of his Miraculous Enterprize ; or , thinking that Douglas had help near at hand ; or rather , hoping to have the Castle given up without a Battel , and so they would not put the Whole to an hazard , by joining in Fight with that small , though select , Party . Edward settled Guards at all convenient Places , that so , no Rebellious Troops might march to and again ; and then , as if he had quieted the whole Kingdom , he returned to London . In the mean time , Exiled Henry , either on the Accompt of some Hope 's cast in by his Friends , or else weary of his tedious Exile , determines to shelter himself privately amongst his Friends in England . But Fortunes Malice followed him to the last ; he was there known , taken , brought to London , and committed Prisoner to the Tower. And his Wife Margaret , distrusting her present Affairs , with her Son and a Few Followers left Scotland , and Sailed over to her Father Renat , into France . To return then to the Affairs of Scotland : The time for the Assembly , which was Indicted to be held at Edinburgh , was come : where there was a Full Appearance , but the Body of them was divided into Two Factions ; Part of the Nobles followed the Queen ; but the Major Part , by far , stuck to Iames Kennedy , and George Douglas , Earl of Angus , the Heads of the contrary Faction . The Queen lodged in the Castle ; the Bishop and the Earl lay in the Abby of Holy-Road-House , at the furthest part of the Suburbs , towards the East . The Cause of the Dissension , was , That the Queen thought it equal and just for her to have the Tutelage , or Guardianship , of her Son ; the other Party judged it most fit , that One should be chosen out of the whole Assembly , for that careful Work. The Queen alleged the Maternal Name , her Interest , and Propinquity ; the Adverse Party insisted on the old Law , confirmed by perpetuated Custom . In the Third day of the Assembly , the Queen comes down from the Castle with her Followers , and caused her self to be Decreed Tutrix of the King , and Governess of the Kingdom , by her own Faction , and so returns into the Castle , again . When Kennedy heard of this , he hastned , with his Party , into the Market-place , and there , in a long Speech , he told the Multitude , which was thick about him , That he and his Associates did aim at nothing , but the Publick Good , and the Observation of their Ancient Laws ; but their Adversaries were ●●d , each one , by his private advantage ; And That he would eviden●●y make appear , if he might have a Place Free to dispute the Poin● Having thus spoken , he retired with his Followers to his Lodgi●● ▪ but was not gone far from the Market-place , before he heard That the other Party was coming down Armed from the Castle . Douglas looked upon This as an intolerable Thing , That Valiant Men should yield to the Threats of a Few and That their Retirement should be looked upon , as a Flight ; and therefore was hardly kept in by Kennedy , from assaulting the adjoining Gate of the City ; and , Weaponless , as he was , to encounter Armed Men ; and unless the Three Bishops of Glasgo , Galway , and Dumblane , upon Noise of the Uproar had come in , his Indignation would not have been stopp'd , till they had come to Blows . But , by the Mediation of those Bishops , the Matter was so far composed , That a Truce was agreed upon , for one Month. Though the Chief of the Faction were thus quieted , yet the Multitude could not be restrained from expressing their Wrath and Indignation , in rough and cutting Language ; as , that the Desire of the Queen was Dishonourable to the Kingdom , and Undecent for Herself . What ( said they ) is the Valour of the old Scots at so low an Ebb , That , amongst so many Thousand Men , there is none worthy to Govern the Affairs of Scotland , but a Woman must do it ? What , was there no Man , that could Rule over the Nation ? And That would live the greatest part of his Life in Arms ? What likelihood was there , That those who had not been altogether Tractable to their King , when weak , should now yield Obedience to a Woman , and that a Stranger , too ? What , had they undergone so much Labour , and lost so much Blood , these many years , by Sea and Land , That Men , born and brought up in Arms , should freely give up themselves to the Servitude of a Woman ? What , if the English should invade them , as they had often done at other times , in revenge of their Losses , with a great Army ? Who could ( in that case ) Give , or Accept , Terms of Peace or War ? These were the Discourses of the Commonalty in all their Clubs . But when the Month was expired , their Minds were a little calmer ; and , the Truce ended , there was another Convention , where the Queen alleged This for her self , in Justification of her Cause , That , seeing she had not entred upon the Government the Year before by Force , or against the minds of the Nobility , but was chosen to that Dignity by th●ir Unanimous Consent , she had but used her own Right , and therefore she took it amiss to be degraded , and no Crime at all imputed , as to her Mal-Administration . If , ( said she ) as it is usual , Degrees of Affinity be regarded in Pupillages , there is none nearer than a Mother ; if the Safety of the King were Ey'd , none could be more Faithful ; for if the King should die , other men may have their various and distinct Hopes , but she could hope for , or expect , nothing but Orbity , Solitariness , and Tears . And , if they had respect to the Good of the Publick , she was a stranger , and concerned in no Interest of Feuds or Friendships , and That was especially to be eyed in such who sate at the Helm of Government ; That so their own Lives might not only be free from actual Vice ; but also , that they might have as few Temptations , and Incitements as may be , to those Lusts , which do disturb and hurry the Mind , and pervert righteous Judgment . Some had Assistance of Parents , Kinsmen , Allies , by whose aid they might hope for an Excuse for their Offences , or , at least , an easier Pardon . Yea , sometimes the Rulers were compelled to square and accommodate their Actions to such mens Wills and Humours . As for Her self , her Hope of Defence was in Innocency alone ; She had but one Son to eye , and both their Benefits and Advantages were combined and twisted together . And unless she had respect to these Things , she would choose much rather to live a quiet and happy Life in Retirement with the good Liking of all , than to u●dergo the Enmity of Evil men , by punishing all their Crimes ; yea , and sometimes to incur the Displeasure of the Good , too . Neither was it a New Thing for a Woman , to desire the Regency of another's Kingdom , sithence , not only in Britain , but even in the Greatest and most Puissant Kingdoms of the Continent , Women have had the Supreme Power , and their Reigns have been Such , that their Subjects never repented of their Government . When she had thus spoken , Many assented to her ; Some to prepossess a Place in in her future Grace and Favour ; Others , in Hopes , that the Fruits of another's Envy would redound to their advantage ; Yea , there were some , who had an evil jealousy , That , if the Election should be made out of All , they themselves might be passed by , as less fit ; and therefore , they rather desired , that the Queen should be preferred over them all , than that Others , of the same Order with themselves , or even of a Superiour one , should be preferred before Them. Nowithstanding , the more uncorrupted Part of the Nobility did , both by their Countenance and Speeches , highly disgust the Queens Oration ; but that which did most Vehemently affect the whole Assembly , was , the Authority and the Speech of Iames Kennedy , who , as 't is reported , spake in this manner . IT is my chief Desire , Noble Peers , That they whose aims are at the Good of all , in general , might freely declare their minds without offence to any one particular Person . But , in our present Circumstances , when things spoke for publick Advantage are distorted to the Reproach of those private persons , who speak them , it is a very difficult thing to observe such a Mean between disagreeing heats , and different opinions , as not to incur the offence of one of the Parties . As for me , I will so temper and moderate my Discourse , That no man shall complain of me , without first confessing his own Guilt . Yet , I shall use the Liberty of Speech , received from our Ancestors , so modestly , that , as , on the One side , I desire to prejudice no man ; so , on the Other , neither for Fear nor Favour , will I pretermit any thing , which is of use in the Debate before us ; I see ▪ That there are Two Opinions which do retard and impede our Concord ; The One , is , of Those , who judge , That in a matter relating to the Good of All , an Election out of All is to be made ; and as we all meet to give our Suffrages in a business concerning the safety of the whole Kingdom ; so , it is equal and fit , that no man should be Excluded from the Hopes of that Honour , who seeks after it by Honest and Virtuous Ways . The Other , is , of such , who count it a great Injury done to the Queen , who is so noble a Princess , and so choice a Woman , if she be not preferred before all others in the Tutelage of her Son , and the Administration of the Government of the Kingdom . Of these Two Opinions , I like the Former best , and I will shew you my Reasons for it , by and by : In the mean time , I so far approve the design of the Later , That they think it below the Queen's Grandeur , That any Single Person should Vye with her for this point of Honour , lest her Authority , which ought to be , as it indeed is , accounted Venerable , should be lessned by coping with Inferiours . And , indeed , I would be quickly of their mind , if the Dispute lay here , about the Honour of One , and not the Safety of All. But , seeing that , this day , we are to make a Determination about That which concerns the Lives & Fortunes of all private men , and the Safety of the whole Kingdom , too ; it is fit , that all Single Interests , and Concerns , should stoop and truckle under That : And therefore , I earnestly advise Those , that are of this Opinion , so to consult the Dignity of the Queen , That , in the interim , they forget not the Reverence they owe to the Laws , to the old Customs , and , to the Universal Good of their Country ; if they can shew , by any Statute , That it is Lawful and Publickly expedient , That the Guardianship of the King , and the Regency of the Kingdom , ought to be in the Queens Hands , I will pass over into their Opinion . But if their Orations be pernicious to the Publick , I hope the Queen , first ; and next , all Good men will pardon me , if ( always saving the Majesty of the Queen , as Sacred , so far as , by Law , and the Custom of our Ancestors , I may ) I do not conceal my Opinion , or , rather , if I speak out That , with Freedom , which it were the greatest Impiety in me to conceal . To begin then with the Laws ; There is a Law made 500 year ago , by King Kenneth , a Prince no less eminent for his Wisdom and Prudence , than for his military Performances ; and it was assented and yielded to by All the Orders of the Kingdom ; and approved of , even to this very day , by the Constant Observance of so many Ages , That , when the King was in his Minority , the Estates , or Parliament , of the Kingdom should Assemble and choose some one Man , eminent for Wisdom and Power , to be his Guardian , and to Govern the Kingdom , whilst he was yet unable to weild the Scepter , with his Own hands . Tho' this Law be referred to Kenneth , as the Author of it ; yet , it seems to me , That he did not so much Enact it first , as , thereby , revive and confirm the Ancient Custom of the Scots , by a New Sanction . For , Our Ancestors were so far from Committing the Supreme Power into the Hands of a Woman , That , if you look over all our Chronicles , you shall not find so much as the Name of a Woman Regent , recorded therein ; for , why , pray , should they mention such a Name , of which , they thought , they had no need , at present ; & hoped , they should never have any for the Future ? For those Females which other Countrys call Queens , we only call Wives ( or Consorts ) of our Kings ; neither do we entitle Them to any Higher Name ; for , I judge , our Wise Ancestors had This in their Eye , That , as often as they heard their Names mentioned with the Adjunct of Husband , they might remember , That they were obnoxious and Subject to men . And therefore , to this very day , a Woman was never admitted to the Regency , or the Administration of Publick Affairs . The same Course hath been also constantly observed in lesser Magistracys , both as to their Appointments and Executions . For , tho' many Honours and some Seigniorys amongst them have come by Inheritance to some Women , by reason of their Great deserts from their Country ; and have also been allotted to them , as Dowrys ; yet it was never known , since the memory of man , That any Woman did ever preside in any Publick Council , or in any Court of Judicature , or to have taken upon her any of those Offices , which are appropriated to men . Which Custom , seeing our Ancestors , tho' not bound by Law thereunto , did constantly observe , only by the Impulse of Nature , if we their Posterity should cast the Common-wealth into an apparent Danger , by opposing a Law , received by the Votes of all , and approved by so long an Usage , Who will free us from the Brand ( I will not say , of Tomerity , but ) even of Madness it self ? Especially , since we have been warned by Examples near at hand ; For the Saxons , by reason of the Wickedness of one Woman , viz. Ethelburga ▪ made a Law , That , after that time , no Woman should be called Queen , nor should fit in Publick , next the King , in any Seat of Honour . I beseech you therefore , consider seriously , how much they degenerate from Their Prudence , who against a Law so Ancient , and as advantageous to Women , as honourable to Men , would put the Reins of Government into Their hands , to whom our Ancestors never gave so much as a Royal Name ; and from whom our Neighbours , after they had given it , took it away . Other Nations , I grant , have been of another Opinion ; with what Success I shall declare , after I have first answered Those , who dare not calumniate this Law , openly ; but , in the Carpet-Conventicles of Women , do implead it , as unjust . But whosoever he be , that finds Fault with it , he seems to reprehend , not some Sanction only , approved by the suffrages of Men , but even Nature it self , i. e. That Primary Law , imprinted in our hearts by God himself ; I say , Nature it self , whom our Law-maker had , as a Guide , and Directress of all his Counsels , when he proposed and enacted this Law. For Nature , from the beginning , hath not only distinguished Men from Women by the strength of Mind and Body , but hath also appropriated distinct Offices and Virtues to each Sex , the same indeed for Kind , but far different in Degree ; For , how is it less uncomely for a Woman to pronounce Judgment , to levy Forces , to Conduct an Army , to give a Signal to the Battel , than for a Man to teiz Wool , to handle the Distaff , to Spin or Card , and to perform the other Services of the weaker Sex : That which is Liberality , Fortitude , and Severity in Men , is Profusion , Madness and Cruelty in a Woman . And again , That which is Elegant , Comely , and Ornamental in a Woman , is Mean , Sordid , and Effeminate in a Man : They that endeavour to confound and mix these things , which Nature , of her own accord , hath distinguished , do they not seem to you , not only to disturb , but also to overthrow , the State of the Kingdom , which is founded upon so good Laws and Customs ? This they do , when they would obtrude on us the Government of a Woman , which our Ancestors did not so much as once Name . For the Maker of that Law ( as I told you before ) doth not seem so much to induce a new Sanction in the Enacting thereof , as only to commit to Writing the perpetual Usage of our Ancestors , that it might be transmitted to Posterity ; and , That which hath been always observed by the Guidance of Nature , in the making a King , to have consecrated the same Thing to be observed by Publick Authority , in choosing a Guardian for a King , under age . They which go about to undermine and infringe this one Law , what do they thereby but endeavour to overthrow all the other Laws , Rites and Customs of our Ancestors ? I speak this , ( that I may prevent all Calum●y ) not that I think all Laws are immutable , as if they were enacted to last for ever ; No , Laws are of different Sorts and Kinds : Those which are accommodated to the Vicissitude of Times , are subject to the Inconstancy of Fortune , and are wont to last so long , as the Necessity doth , which imposed them ; and Those which are obtruded on men by the Wills of Tyrants , are commonly disannulled and abrogated , with their Authors . But as for that Instinct or Impress of Nature , which is , as it were , a Living Law , ordained by God , and deeply imprinted and engraven in Mens hearts , That , the Consent of no Multitudes , nor no mens Decrees , can abolish . For ( as an excellent Poet is reported to have said ) it was not born yesterday or to day , but it grew up together with Dame Nature it self , and lives and dies together with it . And seeing the Law , of which we now speak , is of ●hat sort , and a Principal one , too , he doth not oppose the Dignity of the Queen , who desires , That she of her own accord would prescribe to her self those Bounds , which Nature it self hath appointed , her Sex requires , Custom allows , and the Laws , made by the consent of almost all Nations , do approve : But they , who would have her forget her Sex and Station , do persuade her to break thro' all Bonds of Law , and to disturb the Order of things appointed by God , received by use , and allowed in all Cities and Countrys , well-governed : And , certainly , whosoever slights that Order will be grievously punished , not by Men only , but by God himself , who will revenge his own Law. For , if good Laws threaten a Man with Death , who shall cloath himself with a Womans Apparel ; and a Woman , if she wear the Habit of a Man , what Punishment can be inflicted on them , too great for their Offence , who , by a preposterous Flattery , would overthrow the whole Force of Nature , and the everlasting Constitution of God himself ? Will you understand , how these Flatterers do not speak what they cordially mean ? In a publick Assembly , to give a Vote , to be President in a Court of Law , to enact or abrogate a Law : These are Great Things in themselves , yet they are but a small Portion of the Government . Why do they not bring their Wives hither to us , to consult ? Why do not these also preside in Judicatures ? Why do they not persuade , or dissuade , Laws ? Why do not they themselves look after their Domestick Affairs , at home ? And , Why do they not send their Wives abroad to the War ? But if they would impose Those Regents upon us , whom they themselves dare scarcely trust in the Management of their own Houshold Affairs , much less think them fit for the least Part of any Publick Business : Consider , I pray , how they contradict themselves ; but if they themselves are conscious of their own Infirmity , if they speak as they think , and so are restrain'd by Modesty rather than Judgment ; yet , let them hope well of others , who both can , and will , perform their own , i. e. the Services proper for Men , But if ( as I rather judge ) They think , by this kind of Complyance , to gratify the Queen , I advise and admonish them , to lay aside that false Opinion of a Princess of so great Prudence , as she is , nor , that they would believe her to be so ignorant of Things , as to account , That to be an Increase and Accession of Dignity , ( to her ) which would be the foulest thing imaginable , in other Women . I enter upon this Part of my Discourse very unwillingly ; For , seeing our Noble Princess hath so well deserved of the whole Kingdom , that it is fit she should hear nothing , which might justly offend her Ears and Spirit . I will not mention those things , which ill Men do commonly allege in contemning and undervaluing of that Sex , I shall rather insist on those Virtues , which are proper to the Queen : And tho' these are Many and eminently Illustrious ; yet none of them have procur'd greater Praise and Commendation to her , than her Modesty . For , That is esteemed so proper to her Sex , that , even in a private person , it doth either cover , or , at least , much extenuate , other Faults . But , in our Princess , none of whose Words or Deeds , in regard of the Eminency of her Stock and Condition , can be concealed , it doth shine out so illustriously , that her other Virtues come much more acceptable , and commended , upon the Account thereof . And therefore I shall need to say but a few words in reference to her , save only to warn and encourage her , to persist in That way to Glory and Honour , which she hath already entred upon ; and that she would not give Ear to the Flatteries of any , so as to be forgetful of Her self ; but that she would rather tread the sure and experienced way to immortal Renown , than by running on unsafe and craggy Precipices , to hazard the Splendor of her former glorious Life . But my great Business , is , with you ( My Lords , ) who , either out of Envy , are afraid that your Betters should be preferr'd before you ; or else , by wicked Ambition , do lay the Foundation of your future Favour with a good Princess . I will therefore , most Noble Queen , under the shelter of your Prudence , speak , and speak freely , my Thoughts , in this case . Such Persons do not Accost , or Court You , but your Fortune : And whilst they think upon the Queen , they forget , that the same Person is a Woman . When I name the Word Woman , ( I do not use it reproachfully ) but I mean a Person to whom Nature hath given many Blandishments , and eminent Endowments ; but withal , hath mingled them ( as She usually doth , in the most beautiful and preciousest things ) with some allay of Infirmity ; and therefore would have her to be under the Guardianship of Another ; as not sufficiently able to protect Herself : So that , She is so far from having an Empire over others allotted to her ; That the Laws , in Imitation of Nature , do Command Women to be under the perpetual Tutelage of their Parents , Brothers , or Husbands . Neither doth this tend to their Reproach , but is a Relief to their Frailty . For , that it keeps them off from those Affairs , for which they are unfit ; it is a Courtesie which consults , or makes Provision for , their Modesty ; not a Scandal , detracting from their Honour . I will not call to remembrance , how difficultly they are restrained by the Diligence of Husbands , and the Authority of Parents ; neither will I mention , how far the Licentiousness of some Women hath proceeded , when the Reins have been loosed on their Necks . I shall confine my Speech only to what the present Case offers ; yea , what it doth exact and require , and which , without Damage to the Publick , cannot be concealed : If there be any thing of private Inconvenience in the Sex , let their Husbands and Kin lock to that , I shall only briefly touch , what may be Publickly prejudicial . Greatness of Mind was never required in this Sex ; it is true , Women have other proper Virtues , but as for This , it was always reckoned amongst Virile , not Female , Endowments ; besides , by how much the more they are obnoxious to Commotions , Passions , and other efforts of Mind , by reason of the Imbecillity of their Nature , by so much , doth their Extravagancy , having once broke thro' the restraints of the Law , straggle further away , and is hardly ever reduced , and brought back again within its due Bounds ; in regard , Women are alike impatient , both of Diseases , and Remedies , too : But if any of them seem more valiant and couragious , they are so much the more dangerous , as being lyable to more impetuous and vehement Passions : For they , who , out of tediousness of their Sex , have put off the Woman , are very willing to extend their Liberty , even beyond the Precincts of Manly Cares , too ; If you once exceed , and pass over the Mound , and Limits , set by Nature , whatsoever is beyond is infinite , and there is no Boundary left either for Desire or Action : Moreover , there is a further Accession to this Infirmity of Nature , by how much the less Confidence one hath in himself , so much the more easily he interprets the Words and Actions of others to his own Reproach ; he is more vehemently Angry , and more hardly appeased . Such a Party doth also execute Revenge more immoderately , and doth punish his Despisers , with greater Hate : Now that all those things are unfit for , yea , contrary to , Magistracy , there is none of you are ignorant of . And if any Man think , that I devise these things of my own Head , let him consider , What great Disturbances there were not long ago , when Ioan of Naples Reigned . Look over the Histories of Ancient Times . I will not mention Semiramis of Assyria , nor Laodice of Cappadocia ; Those were Monsters , not Women . I shall only mention , That Zenobia Palmirena so much spoken of , the subduer of the Parthians , and Defender of the Roman Empire , was at last Overcome , Taken , and Triumphed over : And so She herself , and her Kingdom , which was enlarged , and increased by her Husband Odenatus , was lost in a moment . Neither may I pass over in silence , what is principally to be regarded , in the management of other Mens Affairs ; That the Chief Command is not to be intrusted to such sort of Persons , who are not accountable for their Mal-Administration : I do not at all distrust the Disposition , Faithfulness , nor Care of the Queen ; but if any thing be acted amiss ( as it often happens ) by the Fraud of others ; and Matters be carried otherwise , than the Publick Good , or the Dignity of Her Place doth Require , What Mulct can we exact from the Kings Mother ? What Punishment can we require ? Who shall give an account for Miscarriages ? The Highest Matters will then be managed in the Meetings of Women ; in the Nursery or Dressing Room : You must There , either each Man in particular subscribe to Decrees ; or All in General Make them ; and She , whom you scarce now restrain , tho' She be without Arms , and obnoxious to you by Laws and Customs , when you have , by your Authority , put Power into Her hands , you will certainly feel Her Womanish Wilfulness and Extravagance ? Neither do I speak this , as if I did fear any such thing from our Queen , who is the Choicest and Modestest of all Women ; but because , I think it base and unseemly for us , who have all things , yet , in our own Hands and Power , to place the Hope of our Safety , which we may owe to our Selves , only in anothers Power , especially , since both Divine and Human Laws , the Custom of our Ancestors , yea , and the Consent of all Nations , throughout the whole World , make for us . 'T is true , some Nations have endured Women to be their Chief Magistrates , but they were not elected to that Dignity , by their Judgment and Suffrage , but were cast upon them by the Lot of their Birth and Nativity ; but never any People , who had freedom of Vote , when there was plenty of able Men to chuse , did ever prefer Women before Them. And therefore , most Eminent Patriots , I advise , and earnestly intreat , you , That , according to the Laws of our Country , and the Customs of our Ancestors , we chuse One ; or , if you think fit , More , the Best out of the Noblest and Best , who may undertake the Regency , till the King arrive at that strength both of Body and Mind , as to be able to manage the Government , Himself . And I pray God to Bless your Proceedings herein . Kennedy spake thus with the Approbation of the , undoubtedly , major part of the Assembly ; and the rest , perceiving that it was in vain to oppose , passed over to their Opinion . The Matter was thus composed , That neither Party seemed to have the Better of the other . Two of each Faction were chosen for the Guardianship for the King , who were to manage all Publick Affairs , with Fidelity ; to Collect , and Expend , the King's Revenue ; and to undertake the Charge of the Royal Family : Of the Queens side , William Graham and Robert Boyd , then Chancellor : Of the Other , Robert Earl of the Orcades , and Iohn Kennedy , All , on both sides , the Chief of their Families . To these were added the Two Bishops of Glasgo and Caledonia . The Queen was allowed to be present at the King's Education , but She was not to touch any part of the Publick Government ; As for the other Children , which were Four , viz. Alexander Duke of Albany , and Iohn Earl of Mar , and Two young Females , She had the Charge of their Educations , Herself . Matters being thus composed at home , Embassadors from England had their Audience , who desired a Truce , which was granted for Fifteen Years ; The next Year , which was 1463. The King's Mother Died , being not well spoken of in point of Chastity : The same Year , Alexander , the King's Brother , returning from his Grandfather , by the Mothers-side , out of France , was taken Prisoner by the English , but freed soon after , in regard the Scots urged it as a Breach of the Truce , and threatned a War thereupon . Peace being obtained abroad , it was not long , before Intestine Commotions arose at home ; for , when the Disputes and Controversies betwixt the Nobility , concerning ordering the State of the Kingdom , were bruited abroad , and magnified by vulgar Rumors . And Moreover , the King's Minority , together with the fresh Remembrance of the Licentiousness of the late Times , were brought upon the Stage , all these Temptations put together did easily let loose the Reins to Men , who were turbulent enough in their own Nature . Alan of Lorn , a Seditious Person , had a mind to enjoy the Estate of Iohn , his Elder Brother ; and therefore , kept him Prisoner , intending there to detain him so long alive , till the hatred of his cruel Practise did , with time , abate , and so he yield to his Will and Pleasure ; when Calen Cambel , Earl of Argyle , heard of it , he gather'd a Band of his Tenants together , freed Iohn , and cast Alan into Prison , in his room ; resolving to carry him to Court , that he might suffer Punishment for That , as well as for his other noted Robberies ; but he prevented his Punishment by Death , whether voluntary , or fortuitous , is not known . In another part of the Country , Donald , the Islander , as being a more powerful Person , began to make a far greater Commotion ; for , after the Kings Death , as free from Fear , and judging , That turbulent state of things to be a fit Opportunity for him to injure his Inferiors , and to increase his own power , he came to Enverness , with no great Train , and was kindly invited into the Castle , by the Governor thereof ; who had no Thoughts , or so much as the least Fear , of any Hostility from him ; when he was entred , he turned out the Garison , seized upon the Castle , and gathering his * Islanders about him , proclaim'd himself , King of the Islands : He sent forth Edicts into the Neighbour Countries , That the Inhabitants should pay Tribute to none , but himself ; and that they should acknowledge no other Lord or Master , denouncing a great Penalty to those that did otherwise . The News hereof caus'd Debauch'd Persons to flock to him from all Parts ; so that having made up an Army great enough , he entred Athole , with such celerity , that he took the Earl thereof , who was the Kings Uncle , and his Wife , Prisoners , before they suspected any such thing . For the Earl , hearing the sudden Tumult of a War , distrusted the strength of his Castle of Blare , and went into the Church of St. Brides near adjoining , to defend himself there as in a Sanctuary , by the Religion of the Place ; many also of his Vassals and Countrymen , being surprized at the sudden danger , carried , and laid up their best Goods there . That Church was venerated in those Parts with great Ceremony , and it had remain'd inviolate , to that very day , by reason of the great Opinion of its Sanctity ; but the consideration of Gain was more prevalent with that Savage and Avaritious Person , than any sense of Religion . For he violently pull'd out the Earl and his Wife from thence , and a great Number of Prisoners , besides ; and after he had pillag'd the Church , he burnt it with Fire ; and when the Priests spake to him , to deter him from that Sacriledge , some of them he slew , others he sent away , evilly enough intreated . Then having wasted the adjacent Countries , up and down , with Fire and Sword , he was returning home , with a great Booty , but a sudden Tempest arose , which sunk many of his Ships , and grievously distrest the rest ; so that he , and a Few only of his Followers were rather cast up , than landed , on the Island of Ila ; they , which superviv'd this Shipwrack , thought , That this Calamity happened to them by the manifest Anger of the Deity , because they had violated the Church of St. Bride ; and therefore they went bare-footed , and cover'd only with a little Linen Garment , in an humble manner to carry Gifts to her , whom , a few days before , they had so contumeliously abus'd : 'T is reported , That , from that day forward , Donald , their Commander , fell out of his Wits , either for Grief , that he had lost his Army and the Spoil ; or , because his Mind , though brutish , was at length gaul'd with the Conscience of his Irreligious Sacriledge , and Contempt of Divine Worship . This Misfortune of their Commander occasion'd his Kindred to set the Earl of Athole , and his Children , at liberty , and to come to atone St. Bride with many Large and Expiatory Gifts . When the News hereof was brought to Court , it broke off their Consultations , of making any Expedition against the Islanders . The first Tumults being thus appeas'd , the Administration of Scotish Affairs was carried on with so much Equity and Tranquillity , that the oldest Man , then alive , never remembred more secure , quiet , and halcyon , days ; such was the Prudence and Gravity of Iames Kennedy , ( on whose Authority the Court did then principally depend , ) and such the Modesty of the rest of the Nobility , who did not grudge to yield Obedience to the Wiser sort . For , this Iames Kennedy had obtained such Credit by his many Merits and Services to his Country , and by his good Offices towards the former King ; yea , he had procured such a real Opinion of his Fidelity in all Matters , by reason of the Composedness of his Manners , and his near Alliance to the King , That the rest of the Kings Guardians , which were to succeed one another , Two and Two by turns , did willingly admit and suffer him , when ever he came to Court , to be the sole Censor and Supervisor of their Pains and Diligence , in that Service . By this their Concord , the Kings Education was carried on very smoothly , and his own Towardliness and Ingenuity making an accession to their Industry , all Men conceiv'd great Hopes of him . Thus Matters were carried on , till about the Sixth year of the Kings Reign ; There was then at Court Robert Boyd , the Chief of his Family , who , besides his Personal Estate , was ally'd to many other Great and Noble Families , he had also a Flourishing Stock of Children of his own , as Thomas and Robert ; he had a Brother too , named Alexander , who was well instructed and vers'd in all good Letters : This Alexander , at the desire of Iohn Kennedy , his Kinsman , ( who , by reason of his declining Age , was not so fit for Youthful Services ) and with the consent of the rest of the Kings Tutors , or Guardians , was preferr'd to the King , to teach him the Rudiments of the Art Military , in the Knowledge whereof he was esteem'd to exceed all his Equals . The Boyds , upon the account of these Advantages , were not content with that Place and Authority , though it were very great and Honourable , which they had at Court , but further sought to transfer all Publick Offices into their own Family ; to accomplish which , Alexander was desired by them , to incline the Kings Favour towards them ; He , having got the King in the Tenderness and Ductility of his Age , did so insinuate into him by his Flattering Complaisance , that he could do all things with him . Being admitted into such private Intimacy and Converse , he would oft scatter words before the King , that he was now fit to govern , himself ; and that ' was time for him to be emancipated from the servivitude of old Grey-Beards ; and to maintain a Company of Noble 〈◊〉 You●hs about him , that so he might enter on those Studies , betimes , wherein , whether he would or no , he was likely to pass the remaining part of his Life . Discourses of this kind were easily entertain'd by a Youth , unskilful in Matters , and in the slippery Part of his Age , too ; which was prone to liberty , so that he began to be a little Stubborn and Headstrong against his Governors ; Some things he would do , without their advice , and Many against it , as seeking an opportunity to be delivered from the severity of those Seniors , as from a kind of Bondage and Captivity . Whereupon , being at Linlithgoe , when he went out a Hunting , unknown to Kennedy , whose turn it was then to wait , the old Man , being informed thereof , went forth to overtake him not far from the Town ; and having done so , he took his Horse by the Bridle , and endeavour'd to stop and bring him back , alleging , that 't was no convenient Time , nor was his Company fitting for such an Exercise ; hereupon Alexander ran in , and with the Bow , which he had in his Hand , struck the old Man a Blow on his Head , though he deserv'd better things at his hands ; Kennedy , being thus beat off , as a troublesom Hinderer of their Sport , they proceed on to the Place , they intended they go to ; Kennedy , being wounded , returned into the Town . And when Robert Boyd came again to Court , he did not disapprove , what his Brother Alexander had done ; By this means , the Seeds of Enmity were sown between the Two Factions , which grew up to the great Detriment of the Kingdom , and at length to the total Destruction of One of them . The Fewd was first discover'd upon This Occasion ; The Boyds would have the King remov'd from that place to Edinburgh , but Kennedy and his Party would have Sterlin to be the Place of his Residence . The Boyds could then do most at Court , and so , without publick Consent , they carry'd the King to Edinburgh , there to enter upon the Regal Government . The Attendants of the Journy , were , besides their own Kindred , Adam Hepburn , Iohn Somerval , and Andrew Car , all Heads of their respective Families . This was acted about the 10th of Iuly in the year 1466. The Kennedies , having lost the day in the Dispute , departed severally to their own Homes , Iohn into Carrick , Iames into Fife , their minds swelling with Anger , and resolving to omit no Opportunity of Revenge . The Boyds , thus Conquerors , not contented with the Wrong they had done , sent Iohn an Ape , in a jeer , for the old Man to play and sport himself with at home , thereby upbraiding him , as if he had doted for Age. Not long after , Iames Kennedy departed this Life , maturely enough for himself , if we respect his Age ; but his Death was so lamented by all good Men , as if , in him , they had lost a publick Father . For , in that Man , besides the Virtues above - mention'd , there was an high degree of Frugality and Continence at home , yet great Splendor and Magnificence abroad : He exceeded all former Bishops , yea , and all those which have sat after him in that See , to this very day , in Liberality towards the Publick ; and yet notwithstanding , his own Ecclesiastical Revenues were not very great , for as yet the Scots had not arrived at that ill Custom of heaping up Steeples upon Steeples ; nor had learned to spend that worse upon Luxury , which was before ill gotten by Avarice : He left one Eminent Monument of his Munificence behind him ; and That was the Publick Schools at St. Andrews , which he built with great Expence , and endow'd with large Revenues , but issuing out of Church Incoms ; he took order , that a Magnificent Monument should be erected for himself therein , which yet the Malignity of Men envy'd him for , though he had deserv'd so well privately of most Men , and publickly of all Men : They alleg'd , 't was a thing of too much vanity , to bestow so much Cost upon a Structure of no Use. His Death made his Virtues more illustrious , and increas'd Mens desire after him ; for when he , who was a perpetual Censor , and Corrector , of Manners , was once remov'd out of the way , the publick Discipline began , by degrees , to grow weak and remiss , and , at last , to be so corrupt , as to bring almost all things , with it self , to ruin . The Boyds made use of pretences in Law , to increase the Domestick Power of their Family , and to abate the Potency of their Enemies , and first * Patrick Graham seem'd most pat for their purpose ; he was the Brother of Iames Kennedy , by the same Mother , and was also Cousin by the Mothers-side , to Robert Boyd . He , as the Manner was in those days , was Elected Bishop by the Canons , in the Room of his Brother Iames , but was hinder'd by the Court-Faction , from having the Kings leave to go to Rome , so that he went privately to the Pope , without any Train , and so was easily admitted into his Brothers Place ; for besides the Nobleness of his Stock , and the great Recommendation of his high Virtues , he was also well Learned , as for those times . And therefore whilst he staid at Rome , fearing the Power of the Adverse Faction ; The old Controversy concerning the Liberty of the Church of Scotland , began to be revived . For the Archbishop of York pretended , That the Bishops of Scotland were under his Jurisdiction , so that he endeavour'd to retain That Power in time of Peace , which had been usurped in the Licentious Times of War. But a Decree was made at Rome , in Favour of the Scots ; and Graham was not only made Primate of Scotland , but also was Constituted the Popes Legat there for Three years , to inquire into the dangerous Manners and Conversations of Priests ; and to restore decayed Ecclesiastical Discipline to its pristine Integrity and State ; and yet , this great Man , though so illustrious for Indowments of Mind and Fortune , and having also the superadded Authority of the Pope to back him , durst not return home , till the Power of the Boyds did somewhat decline at Court. The Boyds perceiving , That the Concourse of the Nobility to them was not so great as they hop'd ; to avert the Accusations of their Enemies , and provide for their own Security for the future , cause a publick Assembly , or Parliament , to be Indicted against the 13th Day of October . There Robert Boyd , the Elder , fell down on his Knees before the King and his Counsellors of State , complaining , That his Service to the King in bringing him to Edinburgh , was ill interpreted and traduc'd by the Malign Speeches of his Adversaries , who gave out threatning Words , That the Advisers to that Journy should , one Day , suffer Punishment for the same ; and therefore he humbly besought the King , That , if he had conceiv'd any ill will , or disgust in his Mind against him for that Journy , That he would openly declare it ; that so the Calumnies of his Detractors might be either prevented , or allay'd . The King , having advis'd a litt●e with the Lords of the Articles , made answer , That Robert was not the Adviser of him to that Journy , but rather his Companion in it ; and therefore , that he was more worthy of a Reward for his Courtesie , than of Punishment for his Obsequiousness and Compliance therein ; and this he was willing to declare in a publick Decree of the Estates , that so all invidious Discourse might be stopt ; and , in the same Decree , Provision should be made , That that Matter should never be prejudicial to Robert , nor his Companions : Boyd desired , that This Decree might be Registred amongst the Acts of the Assembly ; and that the same should be confirm'd also by Letters Patents , under the Great Seal ; and accordingly the Decree was presently Registred amongst the Acts , and the Letters Patents were deliver'd to him soon after , viz. the 25th Day of the same Month. The same Day also , the King , by advice of his Council , gave him other Letters Patents , wherein he was Constituted Regent , and had the Safety of the King , his Brothers , Sisters , Towns , Castles , and all the Jurisdiction over his Subjects , committed to him , till he himself came to 21 Years of Age ; and he dealt so with the Nobles , then present , that they solemnly promis'd to be assistant to the Boyds in all their publick Actions ; and that they would be obnoxious to Punishment , if they did not carefully , and with Faithfulness , perform , what they now promis'd : To this Stipulation , or Promise , the King also subscrib'd . By this means , when the King was their Friend , Part of the Nobility in League with them , and also the Administration of the whole Government put into their Hands , they thought themselves sufficiently secur'd for a long time ; yea , and to lay a Foundation also for the future Greatness of their Posterity , they brought it about , that Thomas Boyd , the Son of Robert , should Marry the King 's Eldest Sister . That Marriage , as it was opulent , and seem'd a Prop and Establishment of their Power , so it increas'd the Hatred of their Enemies ; and gave Occasion to variety of Discourse , amongst the Vulgar . For , though , by this means , all passage to the King's Ear seem'd to be precluded , and they alone made the sole Arbiters of his Words and Actions ; yet , they did not flourish so much in Favour at Court , as they were prosecuted with publick Hatred abroad ; which , after Four Years Concealment , did , at last , break out to the Destruction of their whole Family ; and the wiser sort of the adverse Party did not much dislike this their sudden Increase of Honour , for , they hoped , ( as 't is usual ) That Arrogance would be the Companion thereof , which would not indure a Superior , and despise an Equal , yea and trample upon an Inferior ; and when the Bounds of a Subjects Condition are exceeded , it also awakens Kings , who are impatient of Corrivals , to overthrow such suspected Persons . The Noise of this Discord betwixt such Potent Factions , let loose the Reins to Popular Licentiousness . For the People , accustom'd to Robberies , did , by Intervals , more eagerly return to their former Trade . The Seeds of Hatred , which were supprest for a time , did now bud forth again with greater Vigour ; and the Seditious did willingly lay hold on these Occasions for Disturbances , so that , there was a general Liberty taken to do what Men listed , in hopes of Impunity . Neither were the Kennedys wanting to the Occasion , who partly did spread abroad Rumors to inflame the People , and to cast all the Cause of their Disturbance and Miseries upon the Boyds ; and partly also , ( as some thought ) they were not much averse from the Design of the Seditious , but did privily cast Fewel into the Fire . This was plain and evident by their very Countenanc●s , That this troublesom State of Affairs was not unpleasant or unacceptable to them . There seem'd but only One thing wanting , utterly to subvert the flourishing Power of their Enemies , and That was , to make the King of their Party : For they had Strength enough , or too much ; they knew , that the Commonalty , who affect Innovations , and love every thing more than what is present , would crowd in to their Party ; hereupon they agreed to try the King's Mind , by some crafty Persons who should pretend themselves to be Lovers of the Boydian Faction . In the interim , Embassadors were appointed to pass over into Denmark , to desire Margarite , the Daughter of that King , as a Wife for Iames ; and that they should take all the care they could , that the Old Controversie concerning the Orcades and the Isles of Shetland , which had cost both Nations so much Blood , might be accorded : The Chief of the Embassie , was , Andrew Stuart , Son to Walter , who was then Chancellor of Scotland . The Danes easily assented to the Marriage , and they quitted all their Right which their Ancestors claim'd over all the Islands about Scotland , in the Name of a Dowry ; only the private Owners of Estates , in those Islands , were to enjoy them upon the same Terms , as they had formerly done . Some write , that they were passed over in Mortgage , till the Dowry was paid , but that afterward , the King of Denmark gave up all his Right thereto for ever to his Nephew Iames , who was newly born by his Daughter . When the Chancellor had inform'd the King , that all things were finish'd according to his desire , the next Consult was , to send an handsom Train of Nobles to bring over the New Queen . And here , by the Fraud of his Enemies , and Inadvertency of his Friends , Thomas Boyd , Son of Robert Earl of Arran , was chosen Embassador , his very Maligners and Envyers purposely commending his Aptness for that Imployment , by reason of his Valour , Splendor and Estate , fit for such a Magnificent Errand : He judging all things safe at Home , in regard his Father was Regent , willingly undertook the Imployment ; and at the beginning of Autumn , with a good Train of Friends and Followers , he went a Ship-board . In the mean time , the Kennedy's had loosened the Kings Affection to the Boyds ; and whereas they thought to retain his Good Will , by Pleasures and Vacation from Publick Cares : Those very Baits they imputed as Crimes to them , and by magnifying their Wealth , though Great in it self , yet as too Bulky , and even dangerous to the King himself ; and withal alleging , what a great Advance would accru to his Exchequer , by the Confiscation of their Estates , upon their Conviction , they did variously agitate the infirm Mind of the King , who was inclin'd to Suspicions and Avarice . And the Boyds on the other side , though they endeavour'd by their Obsequious Flatteries , and their hiding the publick Miseries from him , to banish all Melancholly Thoughts out of his Mind ; yet , the Complaints of the Vulgar , and the Solitariness of the Court , Both which were , of set purpose , contriv'd and increast by their Enemies , could not be hid . And besides , there were some , who when the King was alone , did discourse him freely , concerning the Publick Calamities , and the Way to Remedy them ; yea , the King himself , as if he were somewhat awakned to Manly Cares , declar'd , That what was sometimes Acted abroad , did not please him . But the Boyds , though they perceiv'd that the King was every Day less and less Tractable to them , than formerly ; and withal , that popular Envy rose higher and higher against them , yet remitted nothing of their former Licentiousness , as trusting to the Kings former Lenity , and to the Amnesty , which they had for what was past . Whereupon the contrary Faction , having secretly wrought over the King to their Party , and Thomas , Earl of Arran , being sent packing Ambassador into Denmark , from whence he was not expected to return , till late in the Spring , because those Northern Seas are Tempestuous and Unpassable , for a great part of the Year ; upon these accounts , they thought it a fit season , to attempt the Boyds , who were Old and Diseased , and therefore came seldom to Court ; and besides , were destitute of the Aid of many of their Friends ; who were go●● away in the Train of the Embassy . The First thing t●●y did , was , to persuade the King to call a Parliament , which had been much long'd for a great while , to meet at Edinburgh on the Twenty Second Day of November , in the Year 1469. Thither the Boyds , Two Brothers , were Summoned to come , and make their Appearance ; where Matters were variously carried towards them , as every ones Hatred of them , or Favour to them , did dictate and direct . But they were so astonisht at this sudden Blow , as having made no great Provision against so imminent a Danger , that their Minds were quite dejected , not so much for the Power of the adverse Faction , as for the sudden Alienation of the Kings Mind from them ; so that Robert , in Despair of his safety , fled into England ; but Alexander , who by reason of his Sickness could not fly , was call'd to his Answer . The Crime objected to both the Brothers , was , That they had laid Hands on the King , and by private Advice had carried him to Edinburgh . Alexander alleg'd , That he had obtain'd his Pardon for that Offence in a publick Convention , and therefore he humbly desired , That a Copy of that Pardon might be Transcrib'd out of the Parliament Rolls , but this was denied him : What his Accusers did object against that Pardon , the Writers of those Times do not Record ; and I , though a Conjecture be not very difficult to be made in the case , yet had rather leave the whole Matter to the Readers Thoughts , than to affirm Uncertainties for Truths . Alexander was Condemn'd on his Tryal , and had his Head cut off . Robert , a few years after , dy'd at Alnwick in England , the Grief of Banishment being added to the pains of his old Age. His Son , though absent , and that upon a publick Business , was declar'd a publick Enemy , without Hearing ; and all their Estates were Confiscate . Thus stood the matter of Fact , but I shall not conceal , what I have heard some Good Men , and not Ignorant of the History of those Times , affirm ; They say , That the Amnesty given to the Boyds , was thus Worded in the Records , That the King forgave them all the Prejudice and Rancour of Mind , ( as they then Phras'd it ) which he might have conceiv'd against them ; which they , who were willing to Gratifie the King , did Interpret ( according to the Distinction then Celebrated , amongst Divines , concerning the Remission of the Fault , and of the Punishment ) after this manner , That though the King forgave them his Personal Resentment , yet they were not exempted from the Punishment of the Law. Thomas Boyd , when he heard of the Calamity of his Family , though some put him in hopes of Pardon , in a time of publick Rejoycing , yet durst not come ashore ; but being inform'd by his Wife , who upon the first News of the approach of the Danish Fleet , made immediately to him , that there was no Hopes of Re-admission to the Kings Favour , his Enemies having stopt all Passages thereunto , sail'd back into Denmark , whence he came , and so Travelled through Germany into France , where he , in vain , indeavour'd to obtain the Mediation of Lewis the Eleventh , ( who then had turn'd the Legitimate Empire of the French into a Tyranny ) for his Reconciliation ; and thereupon he went to Charles of Burgundy , where he carry'd himself Valiantly , and did him much Faithful Service in the Wars , for which he was well rewarded by him with Honours and Largesses . There he lived a Private , yet Honourable , Life ; and his Wife bore him a Son , called Iames , and a Daughter called Grekin , of which , in their place . The Marriage of Iames the Third , and Queen Margarite , was Celebrated with a great Concourse of the Nobility , on the Tenth Day of Iuly , in the Year of our Lord 1470. There was born out of that Marriage , Three Years after , on Saint Patricks Day in March , Iames , who Succeeded his Father in the Kingdom . In the interim , the King , not yet satisfi'd with the Misery of the Boyds , writes over into Flanders , to recal his Sister home ; but knowing that she bore so great a Love to her Husband , that she would hardly be induc'd to part from him ; he caus'd others to write to her , giving her some Hopes , that the Kings Anger might , in time , be appeas'd towards her Husband ; and that no doubt was to be made , but that she her self might prevail much with her Brother , for his Relief ; but that she must come to plead for him in Presence , and not commit his Apology to others ; upon these Hopes , she return'd , and was no sooner arriv'd in Scotland , but the King transacts with her about a Divorce ; and thereupon he affixt publick Libels and Citations , attested by many Witnesses , at * Kilmarnock , ( which was the Chief House of the Boyds , before their Fall , ) wherein Thomas was Commanded to appear in Sixty Days , though all Men knew , that , though the publick Faith had been given him ; yet he would hardly have return'd ; he not appearing at the Day , the former Marriage was pronounc'd Null , and a Divorce made , though the Husband were absent and unheard ; and so Mary , the Kings Sister was , compell'd , against her Will , to Marry Iames Hamilton , a Man rais'd but a little before , and much inferiour to her former Husband , in Estate and Dignity ; yet , she bore him a Son , named Iames , and a Daughter called Margarite . The Children she had , by her former Husband , were also recall'd by the King. And he himself lived not long after . He died at Antwerp , and having no Kinsmen there to claim his Estate , Charles of Burgundy caus'd a Magnificent Monument to be erected for him , with the Mony , which he had munificently bestow'd upon him in the Church of ...... wherein an Honourable Epitaph was inscribed . Thus the Family of the Boyds , which then was the most flourishing one in all Scotland , within a few Years , grew up and was cut down , to the great Document of Posterity , What slippery things the Favours of young Kings are . Their Ruin did not only amaze their Friends , but it also kept off , and damp'd , their very Enemies , so that none would adventure to Aspire to that Dignity , from whence they were cast down ; partly , upon the account of the Instability of Human Affairs ; and partly , in Consideration of the Kings sudden Repentance , for bestowing of his Graces and Favours , and his continu'd Perseverance in his Hatred , when once began . This is certain , that they which were erected to great Hopes of Preferment , by this change of Publick Affairs , found themselves much mistaken : For the King , who , before that time , had used himself to Domestick Ease , and seldom appear'd in Publick , being now also newly Married , spent a great part of his Time in the Pleasures of his Palace ; he excluded the Nobility , and was wholly govern'd by a few of his Servants ; for , being of an eager and fervid Disposition , he could not well bear the being contradicted in his Opinion , so that he avoided the Liberty which Nobles would take , in advising him , and had only those about him , who would not reprehend , but rather approve of , what he did ; that so by avoiding any occasion of Offence , by their Flattery , they might curry his Favour . Amidst these Manners of the Court , the Ecclesiastical State was not much better ; for though the Ministers of the Church had been given , for many years , to Luxury and Avarice , yet there was still some shadow of ancient Gravity remaining ; so that some encouragement was given to Learning , and Advantage to such as were good Proficients therein . For the Bishops were chosen by the Colleges of Canons , and the Abbats by their respective Sodalities ; but then the Parasite Courtiers persuaded the King , ( for it was they only , who had his Heart and Ear ) that it would be very gainful to him ; and those with whom he was to deal , were not able to hinder his Design , if he recalled and assumed the Designation of such Offices to himself , and not suffer a Matter of so great Advantage to rest in the Hands of such a dronish Generation of People , and unfit for any publick Business , as Ecclesiasticks were . The King was easily persuaded thereunto , in regard , they alleg'd , That , by this means , besides other Advantages , he might have Opportunity to curb the Contumacious , to oblige Neuters , and to reward the well deserving ; but , ( said they ) in our present Circumstances , Promotions and Honours are in the Hands of the Dregs of the Vulgar , who are as Parsimonious in case of publick Necessities , as they are profuse in their private Pleasures ; but it was fit , that , in such Cases , all Men should depend upon the King alone , that so he might have the sole Power of Punishing , Pardoning , and Rewarding . By these and the like Flattering Arguments , they persuaded the King to their Opinion , for his Mind was not yet confirm'd by Ripeness of Years ; besides , 't was weaken'd by ill Custom , and not fortifi'd against the Temptations of Money-Matters : And moreover , he was naturally Prone to Liberty . Hereupon , a new Face of things presently appeared throughout the whole Kingdom , and all Matters both Sacred and Profane , were brought to Court , to be huckster'd and sold , as in a Publick Fair. But Patrick Graham was the only Man , who endeavour'd to stop the precipitous Ruin of the Church ; when his Enemies sway'd all at home , he staid at Rome some years , but being there inform'd by his Friends , in what State things were , he , trusting in his Alliance to the King , being the Son of his Great Aunt , resolv'd to return home ; but that he might make some Essay of the Minds of Men , before ; he sent the Bull , which he had obtain'd from the Pope , for his Legantine Power , and caus'd it to be Proclaim'd and Publish'd in the Month of September , and the Year of our Lord 1472. which rais'd up much Envy against him . For they that had bought Ecclesiastical Honours at Court , were afraid to lose both their Prey and Money too ; and they , who thought to make advantage by this Court Nundination , were griev'd to be thus disappointed ; yea , that Faction did no less Storm , that had obtain'd Ecclesiastical Preferments from the King , for Mercenary Gain , that so they might sell them to others . Their Fear was , that this gainful Practice would be taken out of their Hands . All these made a Conspiracy against Patrick , and in his absence , loaded him with Reproaches ; they came to Court , and complain'd , that their Ancient Laws , as well as the Kings late Decrees , were Violated , and that the Romanists were carrying on many Matters , very prejudicial to the Kingdom ; and unless the King did speedily oppose their Exorbitance , they would quickly bring all things under their Power ; yea , and make the King himself truckle under them . To prevent this Danger , there were some sent , by Order of Council , to Patrick , before he had scarce set his Foot on Shoar , to forbid him to execute any part of his Office , until the King had heard the Complaints made against him ; and a Day was appointed him to appear , the First of November at Edinburgh , in order to an Hearing . In the mean time , when his Friends and Kinsfolk did assure him , that the King would do what was Equitable in so just a Cause : The adverse Faction , hearing of it , did so ingage the King and his Courtiers , by the Promises of great Sums of Money , that Patrick could never have a Fair Hearing afterwards : When he was come to the Assembly , he produc'd the Popes Bull and Grant , wherein he was Constituted Archbishop of St. Andrews , Primate of Scotland , and the Popes Legate for Three Years , to order Ecclesiastical Affairs . The Inferiour sort of Priests were glad of the thing , that an Office so necessary was put into the Hands of so Pious and Learn'd a Man , but they did not dare to speak it out , for Fear of some powerful Persons , who had got the Ear of the King and his Counsellors . His Adversaries made their Appeal to the Pope , who alone could be judge in the Case ; which they did on purpose to create delay , that so the Favour of the People towards Patrick , might in time abate . He himself was sent back by the King to his Church , but forbid to wear the Ensigns and Habiliments of an Archbishop , till the Cause was determin'd ; neither was he to perform any Office , but what the former Bishops had done before him . Whilst these things were acting , William Sivez rose up , a new Enemy , against Patrick , but the bitterest of all the rest , and that upon a light Occasion . He was a young Man of a prompt Wit , and had lived some Years at Lovain under the Institution of Iohn Sperinc , a Man well-skill'd in the Study of Physick and Astrology ; in both which Faculties he was very Famous ; and returning home , he quickly insinuated himself into the Favour of the Courtiers ; partly , upon the account of his other Accomplishments ; and partly , because of his noted Skill in Astrology . This Endowment won him great Respect from the Court , which was then addicted to all sorts of Divinations , even to a Madness ; so that this Sivez , being of a Fluid Wit , and in great favour at Court , was soon made Arch-Deacon of St. Andrews . But the Bishop would not admit him to that Office ; whereupon he communicated Counsel with Iohn Locc , Rector of the Publick Schools there , and a back Friend of Patricks , and they Two plotted together , to overthrow him . The Rector , having a Grant from the Pope , whereby he was Privileg'd and Exempted from Patricks Jurisdiction , pronounced the Sentence of Excommunication against him . But he so slighted this Commination of one of an Inferiour Order to himself , that though it were Twice or Thrice serv'd upon him , yet he remitted nothing of the ordinary Course of his former Life ; whereupon his Enemies ( as is usual in such Cases , wherein Ecclesiastical Censures are contemn'd ) implore the Assistance of the King , and cause Patrick to be shut out of all Churches . Officers of the Exchequer were sent to Inventory his Goods ; his Retinue was Commanded , under an heavy Penalty , to depart ; and a Guard was set upon him , to observe that he did nothing contrary to the Edict . The rest of the Bishops , that they might not seem ungrateful towards so Benevolent a King , levied a great Sum of Mony , which they had violently extorted out of small Benefices , and presented him with it . The King being Master of such a Sum , seem'd to deal more mildly with Patrick , as if he took pity on him , and accordingly he sent the Abbat of Holy-Rood , and Sivez , to him . Whereupon , the Bishop was reconcil'd to the King , and also Sivez and the Bishop were made Friends ; but his Mony was gather'd up before , and carried to the King. Now Patrick seem'd to be freed out of all his Troubles , and so he retir'd to his Mannor House of Monimul , and prepar'd himself for the Execution of his Office both Publickly and Privately ; when , behold ! the Roman Mony-Mongers were sent in upon him , by his Adversaries ; and because he had not paid his Fees for the Popes Grant , ( or Bull , as they call it ) they also Excommunicated him : The Man was reduced to extream Poverty ; for his Revenues , both before and after his return , were for the most part gather'd up by the Kings Collectors , and brought into his Exchequer ; and what ever his Friends could make up , was given to the King and his Courtiers . And when the Kings Officers were again sent to take Possession of his Estate , Guards were set upon him by the King ; his Houshold Servants were discharg'd , and he was kept pris'ner in his Castle , and thereby was depriv'd of the Advice of his Friends , also ; William Sivez , his Capital Enemy was First impos'd upon him by the King , as his Coadjutor , as they call him , as if he had been besides himself . The Pope also afterwards approving of the Man for that Service ; and also , the aforesaid Sivez was made Inquisitor by the Power of the Adverse Faction , to inquire into his Life and Conversation ; many trifling , many ridiculous , and incredible things were Objected against him , and amongst the rest , this was One , That he had said Mass Thrice in one Day ; whereas , in that Age , there was hardly a Bishop who did the same in Three Months ; Hereupon , his Enemy being Judge , and Witnesses being hired against him , he was Ejected out of his Bishoprick . And Sivez , who carried the Decree to the Pope , was made Bishop in his room . Neither were his Enemies contented with this Mischief they had done him ; but , perceiving , that he bore all their Contumelies with much Greatness of Spirit ; They took order , that he should be shut up in some desolate Monast'ry , under Four Keepers ; Inch Colm was chosen to be the Place , a Rock , rather than an Island , from whence , Three Years after , he was remov'd to Dunferlin , for fear of the English Fleet , betwixt whom and the Scots a War had then broke forth , and from thence he was again carried to the Castle , which lies in Loch Leven , where , being worn out with Age and Miseries , he departed this Life ; He was a Man guilty of no known Vice , and , in Learning and Virtue , inferior to none of his Age. The other Good Men , being terrify'd by his Calamity , and perceiving no hopes of any Church-Reformation , went all about their own private Affairs ; In the Court , Church-Preferments were either Sold , or else given away to Flatterers , and Panders , as a Reward for their filthy Service . Tho' these things were acted at several times , yet I have put them altogether in my Discourse , that so the Thread of my History might not be too often interrupted ; and also , that by one memorable Example , we might have an entire View of the Miseries of those Times ; For one may easily imagin , how vitious the ordinary sort of Men were , seeing a Man that was so Eminent for all kind of Virtue ; and besides , had the Advantage to be Allyed to the King , and to many Noble Families besides , was , by a few Scoundrels of the Lowest-sort , expos'd to the Reproach and Cruelty of his Enemies . But to return to the other Occurrences of those Times . In the Year 1476. there was a Publick Decree made against Iohn Lord of the Islands , who had seiz'd upon some Provinces , and had done great spoil on the Maritime Coasts ; insomuch , that the King resolv'd to march against him by Land , and Commanded the Earl of Craford his Admiral , to meet him by Sea ; Hereupon , Iohn perceiving , that he was too weak to withstand such great Preparations , by the Advice of the Earl of Athole , the King's Uncle , came , in an Humble manner , to Court , and surrendred up himself to the King's Mercy . The Provinces which he had forcibly enter'd upon , were taken from him , as Ross , Kintire , Cnapdale , but the Command of the Islands was still permitted to him . The same Year , the Controversie with the English , which was just about to break forth into a War , was ended and decided . The Occasion was this , Iames Kennedy had built a Ship , the biggest that ever Sailed on the Ocean , at that time ; She , being at Sea , was , by a Tempest , cast upon the English Shore , and her Lading rifled by the English ; Restitution was often sought for , but in vain . This bred a disgust betwixt the Nations for some Years ; at last , the English sent Embassadors into Scotland ; The Chief of which , were , the Bishop of Durham , and Scroop a Nobleman ; by whom Edward , having been tost by the Inconstancy of Fortune , and his Exchequer drain'd by continual Wars , desir'd a Pacification , which was easily renew'd , upon Condition , That the value of the Ship rifled , and its Lading , might be estimated , by indifferent Persons , and just Satisfaction made . The same Year , Embassadors were sent to Charles Duke of Burgundy , in behalf of the Merchants , who were disturb'd in their Trades : When they came into Flanders , they were Honourably receiv'd by him . But one Andrews a Physician , and a great Astrologer too , being occasionally invited by them to Supper , understanding the Cause of their coming , took them aside , and told them , That they should not make too much haste in their Embassy ; for , in a very few Days , they should hear other News of the Duke . And accordingly , his Prediction was fulfilled , for within Three Days after , his Army was overthrown by the Switzers , at the City of Nants in Lorain , where he was slain : Hereupon , the Embassadors return'd without effecting their Business ; and when they came to the King , and told him , how highly skilled that Andrews was , in Predicting Things to come , they persuaded him , who of himself was inclinable to those Arts , to send for the Man , upon promises of a good Reward ; and accordingly he came , was well receiv'd , and gratify'd with a rich Parsonage , and other Boons . He , ( as 't is reported ) told the King , That he should speedily be Destroy'd by his own Subjects , and that Speech agreed with the Vaticinations of some wizardly Women , ( to which the King was immoderately addicted ) who had Prophecy'd , That a Lyon should be killed by his Whelps ; Hereupon , from a Prince , at first , of great Ingenuity , and good Hopes , and as yet not wholly depraved ; he degenerated into a fierce and cruel Tyrant ; for when his Mind had entertain'd , and was stuft with , Suspicions , he accounted even his nearest Kindred , and all the Best of the Nobility , as his Enemies ; and the Nobles were also disgusted at him , partly , by reason of his Familiarity with that Rascally sort of People ; but chiefly ▪ because he slighted the Nobility , and chose mean Persons to be his Counsellors and Advisers . The Chief of them , were , Thomas Preston , One of a good Family , but who was resolv'd to humor the King in all things ; Robert Cockrain , a Man endued with great strength of Body , and equal Audacity of Mind ; he came to be known by the King , by a Duel which he fought with another ; and presently , of a Tradesman was made a Courtier , and that in a fair way of rising to some greater Advancement ; for having perform'd some lighter Matters , intrusted to him , with Diligence ; and also applying himself to the King's Humor , he was soon admitted to advise concerning the Grand Affairs of the Kingdom ; insomuch , that Preston chose him out to be his Son-in-law . The Third , was , William Rogers , an English Singing Man , or Musician ; who , coming into Scotland with the English Embassadors , after the King had heard him once or twice in a cast of his Offence , he was so taken with him , That he would not suffer him to return , but advanced him to wealth and honour , soon after making him a Knight . The rest of his Intimates were the most despicable sort of the meanest Tradesmen , who were only known by their Improbity and Audaciousness . Whereupon , the Nobility had a Meeting , wherein the Kings Brothers were the Chief , to purge the Court from this sort of Cattle ; and some notice of it being divulg'd abroad , Iohn the Youngest of the Brothers , more unwary than the rest , speaking a little too boldly , and rashly , concerning the State of the Kingdom , was seiz'd upon by the Courtiers , cast into P●ison , condemn'd by the King 's privy domestick Council , and put to Death , by having a Vein Opened , till he expired his last . The Cause of his Death was given out amongst the Vulgar , to be , because , he had conspir'd , with Witches , against the King's Life ; and to make the matter more plausible , twelve of the Witches of the lowest condition were Try'd and Burnt . The Death of Iohn did rather stifle than dissipate the Conspiracy , which seem'd almost ready to break forth . Alexander , the next , as in Blood , so in Danger , tho' he indeavour'd to avert all Suspicion from himself , as much as he could ; yet the Kings Officers thought , they should never be Secure , as long as he was alive , and therefore they presently clapt him up Prisoner in the Castle of Edinburgh , where he was strictly kept by those who judg'd his Power would be their Destruction ; and seeing he could not appease the Kings Wrath by the Mediation of his Friends , he began to think of making an Escape ; he had but one of his own Servants left t● wait upon him in his Chamber , him , and none else , he acquainted with his Design ; who hired a Vessel for him , to be ready fitted in the adjoining Road , then he suborn'd Messengers to make frequent Errands to him from the Court , who should tell him Stories before his Keepers , ( for he was forbid to speak with any Body , but in their presence ) that the King was now more reconcileable to him , than formerly ; and that he would speedily be set at Liberty . When the day appointed for his Escape approach'd , he compos'd his Countenance to as much Mirth , as , in that calamitous Condition , he was able to do , and told his Keepers , that , now , he believ'd the Messages sent him by the King , that he was reconcil'd to him ; and that , he hop'd he should not be held much longer in Durance ; hereupon ▪ he invited them to a noble Supper , and himself drank freely with them , till late at Night , then they departed ; and , being all full of Wine , fell into the Sounder sleep ; being thus alone , he made a Rope of the Linen-Blankets of his Bed , long enough , as he thought , for the height of the Wall , and First , to make a Tryal , he caus'd his Servant to slide down by it ; but perceiving , by his Fall , that 't was too short , he lengthned it out , as well as he could , in those Circumstances , and himself Slid down too , and took up his Servant , who had broke his Leg by his Fall , upon his Shoulders , and , carry'd him about a Mile to the Vessel , where they went aboard , and having a Fair Wind , failed to Dunbar ; there he fortify'd the Castle against any forcible Assault , and , with a smal Retinue , passed over into France . In his absence , Andrew Stuart , the Chancellor , was sent with an Army to take in the Castle , they besieg'd it closely some Months , and 't was defended as bravely ; but , at last , the Garison , for want of Necessaries , were forced to get Vessels , and , in the Night , to depart privately for England , so that in the Morning the Empty Castle was taken by the Besiegers ; some men of Note , of the Besiegers , were slain there . About these Times it was , that the Kings both of England and Scotland , being weary'd out with Domestick Troubles , had each of them a desire to make Peace , and an Embassy was appointed to compleat it , which was kindly received , and the Peace was not only agreed upon , but an Affinity accorded to confirm it , that Cecilia , the Daughter of Edward , should be Married to Iames his Son , as soon as they were Both Marrigeable . Part also of the Dowry was paid , on this Condition , That , if when they came to Years , the Marriage were not Consummated , the Dowry should be paid back to the English , and , Hostages were given for performance of Conditions , which were some Burgers of Towns. But this Peace lasted not long , for , by reason of the old grudges remaining since the last Wars , Incursions were made , Preys driven , and Villages burnt : So that , by reason of these mutual Injuries , the matter broke forth into an open War. And besides , each King had other peculiar Provocations . Douglas , the Old Exile , and Alexander the Kings Brother , the new One , excited Edward thereunto . For Alexander , as I said before , going into France , Married the Daughter of the Earl of Bulloign , but not being able to procure Aid from Lewis the II. then King of France , for the Recovery of his own , he Sailed over into England , hoping from thence to make some Attempt upon Scotland . As for Iames of Scotland , Lewis of Fran●e edg'd him on to a War , having sent Robert Ireland , a Scots man , and Dr. of the Sorbon , with Two French Knights to him , on that Errand . Hereupon , the Peace was violated , and altho' the Scotish Affairs , in regard some of the Country was wasted , were in none of the best State and Condition ; yea , an Army also was decreed , to be sent against Scotland , by the English , under the Command of the Duke of Glocester ; yet the King , and those which were about him , did levy Forces , tho' very unwillingly . For the Upstarts , ( such they lately were , and very poor too , ) whose Greatness was founded on the Calamities of others , and who had been the Authors of such desperate Counsels to the King , fear'd nothing more than the frequent Assembly of the Nobility ; when he came to * Lauder , a Town near the Borders of Merch and Teviotdale , Countrys either wasted by the Enemy , or else , by Force , necessitated to submit to him , the King yet proceeded on in his wonted Course of Exactions from them ; he distrusted the Nobility , and manag'd all by his Cabinet-Council . The Nobles would indure the Indignity no longer , and therefore , in the third Watch , they met in a Church in the Town , where , in a Full Assembly , Archibald Douglas , Earl of Angus , is reported to have declar'd the Cause of their Meeting , in this wise . I think it not necessary , Noble Peers , to make a long Oration concerning the state of Scotish Affairs , you your selves Partly remember it , and Partly you see it with your Eyes ; the Chief of the Nobility , are either banished , or else compelled to suffer intolerable , and to act nefarious , things ; and you , in whom the strength of the Kingdom doth reside , are left without an Head , as a Ship without a Steers-man , subject to all the Storms and Tempests of Fortune ; Your Lands are burnt , your Estates plunder'd , the Husbandman , either slain , or else , perceiving no other Remedy , or relief , hath submitted to the Enemy . And the King , if he were Himself a man of a generous Spirit and rare Prudence , yet being carried away by poysonous Insinuations , refers all things , perta●ning to the Good of the Common-wealth , as to Peace , War and the like , not to an Assembly of the Nobles , but to inferior Underlings ; these men do consult South-sayers and Wizards , and so carry their Answers to the King , whose mind is Sick , and easily taken with such vain Superstitions ; and thus Decrees are made , under the Influence of such Authors , concerning the Safety of us all ; for they , knowing , that they are deservedly hated by all , do persecute all by as alternate an hatred ; and their endeavour is , not only to undermine your Authority , but to cut you all off , by all the possible Arts and Practices , they can ; they have remov'd some of us by Death , others by Banishment ; neither do they ascend gradually to play their Pranks , as inferiour Persons , when they are promoted , are wont to do , but these do immediately pitch upon the Royal Blood , to exercise the Tryals of their Cruelty and Avarice upon : One of the King's Brothers they have most inhumanly put to death ; the Other they have robb'd his Country of , by banishing him , and so have given him as a General to our Enemies ; they , being thus taken out of the way , their next work , is , to deal with the Nobility , for , being of low Estate and Condition themselves , they would have nothing of Excellency and Sublimity to survive them . All those , that have either Riches to satisfy their Avarice , or Power to resist their Audaciousness , Them they account as their Enemies ; and yet , in the mean time , we manage a War against the English , as our Publick Enemy , as if any Enemy were more deadly than That ▪ who is never satisfy'd , in point of Covetousness , with your Estates , nor , in point of Cruelty , with your Blood. Now to make it clear to you , that this intestine Plague is more dreadful than That Foreign one , suppose , ( which God forbid ) that the King of England should conquer us , doubtless he would remember old Grudges , and , in pursuance of that Conquest , what End of his Successes would he propound to himself ? or , what Reward of his Victory ? Would he aim at the Life of the King , his Enemy , or , at your Lives ? I think , at Neither . For the Dispute between us , is , not for Life , but for Glory and Empire ; and a generous Mind , as 't is vehement and eager against those that resist it , so 't is easily mitigated & inclin'd to Lenity by Submission and Obsequiousness , even upon the account of remembring the Instability of all human Affairs . But suppose , that the Enemies rage should aim at the Kings Life and Destruction , I pray , Which of the Two do act more mercifully , either he that , together with Life takes away all Sense of Misery ; or they , that reserve him , whom they ought principally to love and reverence , next to God , to a dayly Butchery and Execution ? Who arm his Mind , already prepossest with Witch-crafts , to the Destruction of his Friends ; who keep the King , now almost encompast by the Arms of his Enemies , in the nature of a Prisoner , and do not suffer him to see the Faces of his Friends , that he may understand their Affection to him , and experience their Loyalty : They are not so much Enemies , who pitch Camp against Camp , and so openly profess their Hostility , as they , who , at home , do treacherously contrive our Destruction . They alienate the Kings mind from his Friends , and betray him to his Enemies ; and thus they deprive us of our Commander , and expose us as a Prey to our Enemies Arms , by whom if your Lives are given you , after you are conquer'd , yet you will fall into Shame and Servitude ; and if you overcome them , yet you will not procure Quiet to your selves , Strength to your Country , nor Glory to your King , but a greater Liberty to your Enemies , to play their Pranks at present , and that in security , for the future ; and thus we shall bring a Plague and Misery on our selves , and a stricter Servitude on our King , ●o that Victory will not free us from Foreign Miseries , but will increase our Domestick Ones . And therefore , in short , my Opinion is , That we shake off the Yoke at home , before we venture to ●ngage the Enemy ; For , otherwise , we shall all be made Slaves to the Lusts of a few men , we shall strengthen the Enemy , and betray the Common-wealth : God bless your Consultations , in this matter . After Douglas had ended his Speech , there followed , not a Debate , but a confus'd Noise , over the whole Assembly , crying out , To your Arms against the Publick Enemy ; for the Minds of all present were so inflam'd , That though they had none to lead them , yet they were about to break in upon the Kings Quarters . But the graver Sort , who , by reason of their Honour and Authority had a great Interest in the rest , appeas'd the Tumult ; for they fear'd , lest , in an impetuous assault of the People , the King himself should come to some harm : And therefore they agreed , That the prime Commanders should take a smal number of their chiefest Confidents , and , without any general remove of the whole Army , should go the Kings Pavilion , and so lay hold on the Offenders , who had the Management of things , and bring them forth to be judged before the whole Army , that so they might suffer condign Punishment , according to the Laws . Whilst these things were in agitation , News was brought to the Court , that the Nobles were assembled , before day , in the Church ; for What , 't was not known ; but it must certainly be some great Matter , which ingag'd such Persons to assemble ▪ unknown to the King and his Counsellors . The King was awakned , and rose in great fear out of his Bed , and ask'd those about him , What was best to be done ? In the mean while , he sends Cockran before , to observe , what was a doing , and to bring him certain word ; when he was coming to the Church with a small Retinue , he meets with the Chief of the Nobility coming to Court , Douglas presently laid hands upon him , and took him by a Massy-Gold-Chain , which he wore about his Neck , whereby he somewhat strain'd his throat , and gave him up a Prisoner to the Marshal , and then he goes directly to the Kings Bed-Chamber . They , which were there , made no Opposition , either because they were astonished at his sudden Coming ; or else , out of Reverence to the Man , so that there the rest were seiz'd upon , who were thought to have corrupted the King by their wicked Counsels , only one Young man hung about the Kings Neck , and he desired them to pardon him , his name was Iohn Ramsy , of a good Family ; who , being excus'd , upon the account of his Age , was dismist . Whilst the rest were led on to their Tryals , there was a Tumult and Noise rais'd over the whole Army , crying out , Hang them , Rogues , whereupon they were presently hurry'd away , and ended their Lives in an Halter ; yea , the Army in general was so intent upon their Execution , that when they wanted Ropes , upon such a sudden , they all offer'd the Reins of their Horse-Bridles and their Baggage-Horse Tackle , for that Use ; and they strove much , Who should have the honour to offer his own , first . This Court-Faction had committed many Injuries against private Persons , but their Wrongs to the Publick lay chiefly here , They had been the Authors of Coining new Brass-Money , which the common People did call by the invidious Name of Black-Money : Upon this Project , there first ensued a Dearth of all things , and afterwards a Famine ; for the Sellers had rather suffer their Commodities to be spoil'd at Home , than , under a pretence of Sale , to give them away to the Buyers . But that all Commerce might not wholly cease amongst the People , this one Remedy was found out for Bargainers and Chapmen , That they should mention in their Contracts , in what sort of Money the Payment should be made . 'T is true , some of our former Kings had Coin'd that kind of Money , but 't was more for the necessary use of the Poor , than for their own Gain ; and also Provision was made by a Law , beyond what Sum , Sellers might not be compell'd to take it in payment . And thus the Buyers of small Commodities had a Benefit , and also it seem'd sufficiently caution'd by the Law , that the Richer Sort should have no Damage by this way of Change ▪ or Sale. It was also objected against them , That they had alienated the King's Heart from the Nobility , and had set him a-gog upon Magick , and had hurried him on to the Destruction of his own Kindred . But that which made Cockran most envy'd , was , his Earldom of Merch , which Country and Title the King had given to him ; or else , had committed to his Trust , upon the Death of the Youngest Brother . When those Evil Counsellors were remov'd out of the way ; The King had no great Confidence in the Souldiery , nor the Souldiery in him ; so that the Army was dismist , and return'd Home ; and the King , though , for the present , he supprest his Anger , and made many large and fair Promises to the Nobility , yet his Heart inwardly boiled with Blood , Slaughter , and Revenge . And therefore , as soon as he thought himself at Liberty , he retired , with some few of his Confidents , into the Castle of Edinburgh ; and the Nobility , not knowing what to think of it , had also their Consultations , apart . The King of England gather'd Forces in the Winter-Season , by the persuasion of Al●xander chiefly , who inform'd him of the Dissension betwixt the King and his Nobles in Scotland ; and also assur'd him , That , as soon as ever he entred Scotland , great Numbers of Horse and Foot would come in to him ; whereupon he made Richard , his Brother , Duke of Glocester , General , and commanded him to march into Scotland . He began his March , when it was about Midsummer ; and understanding in what Condition the Scotish Affairs were , he turn'd aside to Berwick : He was receiv'd immediately into the Town , and left 4000 Men to besiege the Castle ; and , with the rest of his Army , he march'd directly to Edinburgh , making a foul Devastation in all Places , where he came . But Alexander leading them on , they entred the City without committing any Rapine ; and , by a Publick Proclamation made in the Market-Place , he advis'd Iames , ( seeing he could not come to speak with him ) First , to perform what he had promis'd to Edward ; and then , that he would cause Satisfaction to be made for all the Wrongs and Injuries he had offered to the English ; and , unless he would so do , Richard , Duke of Glocester , would persecute him and his Country with Fire and Sword. But Iames perceiving at present that he was not able to perform what was requir'd , and , on the other side , that he was as unable to withstand the Power of the Enemy , return'd no Answer at all , either by Writing or Message . But the Nobles of Scotland , being thus forsaken of their King , that they might not be wholly wanting to the Publick Safety , Levy'd another Army , and form'd a Camp at Hadington ; and that they might somewhat alleviate the imminent Danger and Pressure , and stop the Enemy in his Career of Victory , they sent Agents to the Duke of Glocester , to desire , That the Marriage , so long promis'd , might be consummate ; they were also to declare , That it should not be their Fault , if the Agreements made between the Nations , were not punctually perform'd . The English General knew , That the Scots would not put things to the Hazard of a Battel , in regard part of their Strength was with him upon the account of Alexander , a popular Man , and that the rest were divided into several Factions , and therefore he made this Answer , That he did not know , what his King did resolve , in reference to that Marriage ; but he thought it fit , that the Money paid to Iames upon the account of the Dowry , should be presently repaid to him ; and if they would have Peace , they should promise to surrender up the Castle of Berwick ; or , if they could not do that , then to make a solemn Promise , That they would not attempt to relieve the Besieged , nor to hinder the Besiegers , until it was either taken by Storm , or surrendred upon Conditions . The Scots return'd Answer by their Embassadors , That 't was not their Fault , the Marriage was not consummated , but it happen'd because both Bride and Bridegroom were under Age ; That the Money was not yet due , because the Day of Payment was not come ; and if there were not sufficient Security given for the payment thereof , they would give more ; but the Castle of Berwick , as being built by the Scots , and that in the Scotish Soil ; and was , and , for many Ages , had been under their Jurisdiction , they could not part with ; and though the English had possest it sometimes by Force , yet their Injury did not prejudice the Scots ancient Right ; but Glocester , who was Superior in Strength , resolv'd to carry the Point , and to admit of no legal Dispute in the case . The same Day , Calen Cambel , Earl of Argyle , Andrew Stuart , and the Bishops of St. Andrews and Dunblane , sent to Alexander , who was in the English Camp at * Lethington , a Chart sign'd with their Hands and Seals , promising him , if he would be Loyal to the King in the next Assembly , they would take care that his Estate should be restor'd ▪ and an Amnesty given for what was past ; for the performance whereof , they solemnly interpos'd their Faith. Alexander acquainted Glocester with the thing , who was very friendly , and did dismiss him thereupon , and so he return'd into his own Country ; where , in the next Assembly of Estates , he was made Regent , by an unanimous Consent , and presently a Proposition was made concerning raising the Siege of Berwick . The wiser sort were of Opinion , that in so dangerous a time , when things were thus unsetled by reason of Domestick Seditions , that if the Enemy were quiet , yet Storms would rise amongst themselves , that it was best to clap up a Peace upon any Terms ; for they saw plainly , that if they should have the better of so powerful an Enemy , yet it would rather provoke , than dishearten , him ; but if they themselves were overcome , it was uncertain , how an Enemy , fierce by Nature , and further elevated by Success , would use his Victory ; Some that were more hot-spirited than they had then any Reason for , did oppose this Opinion , yet it was carry'd in the Parliament . After many Conditions were canvast to and fro , at length 't was agreed , That on the 26th of August 1482. the Castle of Berwick should be surrendred up to the English , and a Truce was made for a few Months , till they could have more time to Treat of a Peace . Thus Berwick was lost , after it had been enjoy'd by the Scots 21 Years , since they last recovered it . Then the Duke of Glocester ▪ having made a prosperous Expedition , return'd in Triumph Home . Edward , by the Advice of his Council , judg'd it more for the advantage of England , to nullifie the Marriage , for he fear'd that the Intestine Discords of the Scots were so great , that possibly the Issue of Iames might lose the Crown ; and if Alexander were made King , be hoped to have a Constant and Faithful Ally of him , in regard of the great Kindness he had receiv'd at his Hands . Hereupon , an Herauld was sent to Edinburgh , to renounce the Affinity , and to demand the Repayment of the Dowry ; when he had declar'd his Errand publickly on the Twenty Fifth of October , the Scots obtained a Day for the Payment thereof , and restor'd it to a Penny ; and withal , they sent some to convoy the Herald , as far as Berwick . Alexander , that he might extinguish the Remainders of the Old Hatred of his Brother against him , and so obtain new Favour by a new Courtesie , brought him out of the Castle , and restor'd him to the free Possession of his Kingdom . But the memory of old Offences prevail'd more with his Proud Huffing Spirit , than This of his late Courtesie : Moreover , besides the Kings own Jealousies , there were Those who did daily calumniate him , and buzz into the Kings Ear his too great Popularity , as if now 't was very Evident , that he affected the Kingdom ; he , being advis'd by his Friends , that Mischief was hatching against him at Court , fled privately into England , and gave up the Castle of Dunbar to Edward . In his absence , he was Condemn'd . The Crimes objected against him , were , First , That he had often sent Messengers into England , and then , that he had retir'd thither himself , without obtaining a Pass-port from the King , and that there he joined in Counsel against his Country , and his Kings Life . All the other of his Partizans were pardon'd , and amongst the rest , William Creighton , who was accus'd not only to have been an Abettor of his designs against his Country , but also the chief Author and Instigator of him , thereunto . But after he had obtain'd Pardon for what was past , he was again accus'd , that he did incourage Alexander , by his Advice and Counsel ; after he was Condemned , frequent Letters passing between them , by the means of Thomas Dickson a Priest ; and that he had caus'd his Castle of Creighton to be Fortified against the King , and commanded the Garison Soldiers not to surrender it up to the King's Forces . Hereupon , he was summoned to appear the 13th Day of February , in the Year 1484. but he , not appearing , was outlawed , and his Goods Confiscate . These were the Causes of his Punishment , mentioned in our publick Records . But , 't is thought , that the Hatred the King had conceiv'd against him , upon a private Occasion , did him the most Mischief of all . It was this , William had a very beautiful Wife , of the Noble Family of the Dunbars ; when her Husband found , that the King had had the use of her Body , he undertook a Project , which was rash enough in it self , but yet not unproper for a Mind sick of Love , and also provok'd by such an Injury , as his was ; for he himself lay with the King 's young Sister , a beautiful Woman , but ill spoken of for her too great Familiarity with her Brother , and on her he begot Margarite Creighton , who died not long since . In the interim , Creighton's Wife died at his own House ; and the King's Sister , whom , as I said , the King had vitiated , was so much in Love with William , that she seem'd sometimes to be out of her Wits , for him . The King , partly by the Mediation of William's Friends , and partly being mindful of the Wrong he himself had done him , of the like sort , and being willing also to cover the Infamy of his Sister , under a pretext of Marriage , permitted William to return Home again to Court , upon Condition , that he would Marry her : William was persuaded by his Friends ; and , for want of better Counsel , especially since Richard of England was dead , came to E●verness , where he had Conference with the King , not long before Both their Deaths , and great Hopes were there given of his Return . His Sepulchre is yet there to be seen . These things were done , at several times , but I have put them together , that so the Thread of my History might not be discontinued and broken off . Let us now return to what was omitted before . Edward of England died in the Month of April , next after Dunbar was delivered to him , in the Year 1483. leaving his Brother Richard Guardian to his Sons . He was first content with the Name of Protector , and , under that Title , Govern'd England for two Months : but afterwards , having , by several Practises , engaged a great part of the Nobility and Commonalty to his side , he put his Brothers Two Sons in Prison , the Queen and her Two Daughters being forced to retire into a Sanctuary near London ; but the next Iune he took upon him the Name and Ornaments of a King. Alexander of Albany , and Iames Douglas , being willing to try , how their Countrymen stood affected towards them , came with 500 select Horse to Loch-Maban on Maudlins-day , because a great Fair used , that day , to be there held . There a Skirmish began between the Parties , with inraged Minds on Both sides , and the Success was various , as Aid came in out of the Neighbouring District , either to This , or That , Party . They fought from Noon till Night , and the issue was doubtful , but at last the Victory inclined to the Scots , though it were a Bloody one , as having lost many of their Men ; Douglass was there taken Prisoner , and sent away by the King to the Monastery of Lindors . Alexander was set on a Horse and escap'd , but staid not in England , long after that . In the mean time , many Incursions were made to the greater Loss of the English , than Benefit of the Scots . Richard was uncertain of the Event of things at home , and withal fear'd his Enemy abroad , for many of the English did favour the Earl of Richmond , who was then an Exile in France , and had sent for him over to undertake the Kingdom , so that Richard was mightily troubled ; neither was he less vext with the Guilt of his own Wickedness ; and because he saw he could not quell Domestick Seditions , as soon as he hoped , therefore he thought it best to Oblige Foreigners by any Conditions whatsoever , that so , by their Authority and Power , he might be safer at home , and more formidable to his Enemies . For this cause , he sent Embassadors into Scotland , to make Peace , or , at least , a Truce for some years , there he found all things more facile than he could have hoped for . For Iames , who , for his many and notable Crimes , was grievously hated by his own People ▪ as well as Richard was by His , willingly gave ear to his Ambassadors ; for he hoped , That , if once he had Peace with England , that he could revenge his Wrongs at home at leisure , when England could not be a Refuge to his Opposers . For these Reasons , especially , Both Kings sent some of their Confidents to the Borders , where , after many and long Disputes concerning Compensation for Losses , seeing Peace could not be made , by Reason of the Multitudes of Complainants , and the Weakness of their Proofs , they made a Truce for Three Years . And because Matters could not then be adjusted , for the Difficulties above-mentioned , and also the Straitness of Time ; Arbiters were appointed on Both sides , who , together with the Commanders of the Borders , should see all things done according to Equity . One Condition , in the Truce , was set down very intricately , about the Castle of Dunbar to be restor'd to the Scots , for the English interpreted it , that they might keep it ; and the Scots , that they might reduce it by Force , notwithstanding the Truce . For when the Scots , after the Expiration of the Six●Months allotted , sent Embassadors to Demand the Castle ; Richard , by his Letters made them Promises of his Good Will , but he delay'd the Reddition ( alleging sometimes This , and sometimes Other things , as an Obstacle in the way ) till his Death , which follow'd not long after . He was slain by his Countrymen , and Henry the 7 th not yet fully setled in the Throne , when ●ames laid Siege to the Castle , in a very sharp Winter : The Garison Soldiers , seeing , that they were not like to have Relief from England , in regard of the present Distractions , surrendred it up . But Henry being troubled with many Cares , that he might cut off the Occasion of Foreign Wars , and extirpate the Seeds of old Hatred , came to Newcastle upon Tine , from thence he sent Embassadors to Scotland , either to make a perpetual League , or , at least , a long Truce with them ; for he being a Man of great Prudence , and having experienc'd many Vicissitudes of things in his Life , did judge it highly conducing to the Establishment of his Kingdom , to make Peace with his Neighbors , and especially with the Scots , because that , ordinarily , those Two Kingdoms did lye at catch for Advantages against each other , and did also nourish Rebels flying thither ; yea , and entertain those which were exiled ; and maintain Sedition , by giving their Authors hope of Refuge and Supply . And as for Iames , he desir'd nothing more , than to be free from the fear of Strangers , that so he might punish his own disobedient Subjects , as he pleased . And therefore , he kindly receiv'd the Embassadors , and told them , that he desir'd nothing more than a Peace ; but his Opinion was , that his Subjects would not yield to it , that either there should be a perpetual Peace , or any long Truce betwixt them ; partly , because it was forbid by an Ancient Law , lest , when all Fear of an Enemy was removed , their Minds might languish in Idleness , and the Sinews of their Industry be remitted ; and partly , because they could not so suddainly lay down that fierceness of Spirit , which they had acquir'd , by so long Use of Arms. But if they could be brought to This , to yield to a Truce for 6 or 7 Years , he would not have them refuse it . But as for himself , he was willing to maintain a firm and inviolate Peace with them , as long as he liv'd , and he would also take care , that the Truce should be renewed , before the Date of it was quite expired ; but he earnestly desired the Embassadors , not to divulge abroad the Discourse , which they had in secret with him , lest his Nobilitie should be more backward to a Pacification , if they saw him to be partial in the Case . When this was told Henry , who knew , in what a tumultuous Case the Affairs of Scotland were , and how convenient it was for that King to have a Peace ; imagining likewise , that he spoke really , and from his Heart , he accepted of the Truce for 7 Years , and so retir'd back to York . In the mean time , the Queen of Scots dyed , a Woman of a singular Beauty and Probity too , and , by her good Graces , she was thought sometimes to have moderated the unbridled Appetites and Efforts of her Husband : Alexander also , the King's Brother , Dyed in France , leaving Two Sons behind him , Alexander , by his First Wife , the Daughter of the Earl of the Orcades , and Iohn by his Second , who was afterward the Regent King of Scotland for some Years . Iames , having thus setled Peace abroad , and at home being freed from Two troublesome Interrupters of his Designs , return'd to his own Nature ; he excluded almost all the Nobility , and had none but Upstarts about him , upon them he bestowed great Honors and Preferments ; the Care of all Publick Affairs , and the Ways of getting Money , were Both cast upon them , whilst he himself did wholly immerge him●●●f in Voluptuousness . The Chief of this Court Faction ; was , Iohn Ramsy , who was preserv'd at La●der , by the King's Request , and then escap'd Punishment . He was grown so insolently proud , that , not content with the Stewardship of the Houshold , ( which is a Place of prime Honor amongst the Scots ) which the King had given him , and many rich Lordships besides , he obtained an Edict , That none but he , and his Retinue , should wear a Sword , or other weapon in those places , where the King Lodg'd , that so , by this means , they might strengthen themselves , and their Retinue , against the Nobility , who kept their distinct and frequent Meetings , by themselves , and walk'd up and down guarded , by reason of the Terror of their Arms. But that Edict made People to hate Ramsy more than fear him , for now , nothing but the Image of perfect Slavery was represented to their Eye . In the mean time , the King meditated nothing more , than how to satisfy himself with the Blood of those Men , who were believ'd to be the Authors of Rebellion against them . And seeing he could not do it by open Force , he thought to effect it by Subtilty , and therefore he fain'd himself to be reconcil'd to This , and to the Other Man , and entertain'd them so courteously , that 't was even below the Dignity of a Prince so to do ; Others , who were eminent in Power , he gave Honors and Largesses to . He made David Lindsy Earl of Craford , Duke of Montross , endeavouring to win him by that means , being so powerful a Man in his Country . As for George Earl of Angus , he had him frequently about him , and , as if he had been wholly receiv'd into his Favour , he acquainted him with his private Designs , yet none of his Rewards and Flatteries could persuade Men , that he was sincere . For They , that knew his Disposition , did not at all doubt , that his Simulation of Benevolence and Respect , tended to no other end , but that he might either apprehend the Nobility , One by One , apart ; or else , might set them together by the Ears , one with another ; which his Assembling the Chief of the Nobility at Edinburgh made more plainly to appear . For he called Douglas to him into the Castle , and told him , that he had now an Eminent Opportunity to revenge himself , for if the Leaders of the Faction were apprehended , and put to Death , the rest would be quiet ; but if he omitted this Opportunity , which was so fairly put into his hands , he could never expect the like again . Douglas , who knew , that the Kings Mind was no more reconcil'd to himself than to others , did craftily reason with him , concerning so cruel and so ruinous a Design , alleging , that all Men would judge it to be a base and flagitious Act , ●f he should hurry so many Noble Persons to Death , without any Hearing or Tryal , to whom he had pardon'd their former Misdoings , and now they also rested secure , in that they had the Publick Faith given them for their Safety . For the fierce Minds of his Enemies would not be broken by the Death of a Few ; but rather , if his Faith were once violated , all Hopes of Concord would be cut off ; and if once Men despair of Pardon , their Anger will be turn'd into Rage , and from thence a greater Obstinacy and Contempt both of the Kings Authority , and of their own Lives , too , will ensue . But if you will hearken to my Counsel , ( said he ) I will sh●w you a Way , whereby you may salve the Dignity of a King , and yet revenge yourself , too . For I will gather my Friends and Clans together , and so openly , and in the day time , I will lay hold upon them , and then you may try them where you will , and inflict what Punishment , you please ; upon them . This Way will be more creditable , and also much more safe , than if you should set upon them secretly and by night , for then 't would look , as if they were murder'd by Thieves . The King thought the Earl had been real in what he spake , ( for he knew , that he was able to perform what he had promised ) and therefore he gave him many Thanks , and more Promises of great Rewards , and so dismist him . He presently acquainted the Nobility with their imminent Danger , and advis'd them to withdraw themselves , as he himself also did . The King , perceiving that his secret Projects were discover'd , from that day forward would trust no Body ; but after he had staid a while in the Castle of Edinburgh , he sailed over into the Countries beyond the Forth , for they , as yet , remain'd firm in their Obedience to him , and there levy'd a considerable Force . And the Nobles , who , before , had sought his Amendment , not his Destruction , now seeing all Hopes of any Agreement or Concord were cut off , managed all their Counsels for his utter Overthrow and Ruin. Only there was one difficulty which troubled them , and That was , Who should be their General , that , after the King was subdued , might be Regent , or Vice-King , who might be acceptable to the People ; and , on the account of the Honour of his Family , would load the Faction with as little Envy , as might be ; after many Consultations in the case , at last they pitcht upon the King's Son ; He was entised thereunto by the Supervisors and Tutors of his Childhood , and he did it out of this Fear , that , if he refus'd , the Government and Command would pass over to the English , the perpetual Enemies of their Family . The King , by this time , had past over the Forth , and pitcht his Tents by the Castle of Blackenes , and his Sons Army was not far off , ready for the Encounter , when , loe ! the matter was compos'd by the Intervention of the Earl of Athole , the Kings Uncle ; and Athole himself was given up as an Hostage for the Peace to Adam Hepburn , Earl of Bothwel , with whom he remain'd till the Kings Death ; But Suspicions increasing on Both sides , the Concord lasted not long ; however intercourse of Messengers passed between them , and , at last , the Nobility gave this Answer , That seeing the King did act nothing sincerely , therefore a certain War was better than a treacherous Peace , there was but one Medium left , upon which they could agree : And that was , that the King should resign the Government , and his Son be set up in his Place ; and if he would not assent to This , 't was in vain for him to give himself the Trouble of any more Messages or Disputes . The King communicated this Answer to his Embassadors which he sent to the French and to the English , making it his Desire to them , that they would assist him against the Fury of a Few of his Rebellious Subjects , by their Authority ; and , if need were , by some Auxiliary Forces , that so they might be reduc'd to their Obedience ; for they ought to look upon it as a Common Fortune , and that the Contagion , by this Example , would quickly creep to the Neighbour-Nations : There were also Embassadors sent to Eugenius the Eighth , Pope of Rome , to desire him , that , out of his Fatherly Affection to the Scotish Name , he would send a Legat into Scotland with full Power , by Ecclesiastical Censures , to compel his Rebellious Subjects to lay down Arms , and obey their King. The Pope writ to Adrian of Castell , then his Legat in England , a Man of great Learning and Prudence , to do his endeavour for the composing the Scotish Affair ; but these Remedies were too late . For the Nobles , who were not ignorant , What the King was a doing , and knew , that he was implacable toward them , resolv'd to put it to a Battel , before any more Forces came in to him . And though they had the Kings Son with them , both to countenance their Matters with the greater Grace amongst the Vulgar , and also to shew , that they were not Enemies to their Country , but to their Misled King , only ; yet , lest the Hearts of the People might be weakned by the Approach of Foreign Ambassadors , they were solicitous , night and day , how to decide it by a Battel . But the Kings Fearfulness was an hindrance to their hasty Design , who , having levied a great Strength in the Northern Parts of the Kingdom , resolved to keep himself within the Castle of Edinburgh , till those Aids came to him . But he was taken off from that Counsel and Advice , though it seem'd the safest for him , by the Fraud , or , at least , the Simplicity of those about him ; for , in regard of the frequent Washes and Firths , which gave delay to those who were coming in to him , they persuaded him to go to Sterlin , the only Place of the Kingdom fit to receive Aids , coming from all Parts thereof . And there he might be as safe , as he was in the Castle of Edinburgh , seeing his Enemies were unprovided of all Materials , requisite for the Storming of Castles ; and also he might have his Fleet , which he had rigg'd out against all hazards , to ride in some convenient Harbour , near adjoining . This Counsel seem'd both faithful and also safe , if Iames Shaw , Governor of the Castle , being corrupted by the contrary Faction , had not refus'd to give him entrance , so that the Enemy was almost at his Heels , and , before he knew whither to betake himself , he was forc't , with that Strength which he had , to run the hazard of a Fight . At the beginning , they fought stoutly , and the first Ranks of the Nobility's Army began to give ground , but the Men of Annandale and the Neighbouring Parts , inhabiting the West of Scotland , came boldly up , and having longer Spears than their Adverse Party , they presently routed the Kings Main Battel , he himself was weakned by the Fall of his Horse , and fled to some Water-Mills near the place , where the Battel was fought ; his Intent was ( as is suppos'd ) to get to his Ships , which lay not far off ; there he was taken , and a few more with him , and slain ; there were Three that persued close after him in his Flight , i. e. Patrick Grey , the Head of his Family , Sterlin Car , and a Priest named Borthwick ; 't is not well known , Which of them gave him his Deaths Wound . When the News of his Death , though as yet not fully certain , was divulg'd through Both Armies , it occasion'd the Conquerors to press less violently upon those who fled away , so that there were the Fewer of them slain . For the Nobles manag'd the War against the King , not against their Fellow Subjects . There was slain of the Kings Party Alexander Cuningham Earl of Glencarn , with some Few of his Vassals and Kindred ; but there were many wounded , of Both sides . Thus Iames the Third came to his end , a Man not so much of a bad Disposition by Nature , as corrupted by ill Custom and Acquaintance . For , having at first given forth a Specimen of great and notable Ingenuity , and of a Mind truly Royal , he degenerated by degrees , the Boyds being the first Occasion thereof , into all manner of Licentiousness . When the Boyds were taken off , then Persons of the Lowest Sort were his Advisers to all kind of Wickedness ; and besides , the Corruption of the Times , and the evil Examples of his Neighbour Kings contributed not a little to his Overthrow and Ruin. For Edward the Fourth in England , Charles in Burgundy , Lewis the Eleventh in France , Iohn the Second in Portugal , had all laid the Foundations of Tyranny , in their respective Kingdoms also . And Richard the Third exercised it most highly , and cruelly , in England . His Death was also branded with this Ignominy , that , in the next Assembly , the whole Parliament voted , that he was justly slain , and Provision was made for all that had born Arms against him , that neither They , nor their Posterity , should be prejudic'd thereby . He died in the Year of our Lord 1488 , in the Twenty Eighth Year of his Reign , and the Thirty Fifth of his Age. The Thirteenth BOOK . JAmes the Third being thus slain , near Sterlin , in or about the Month of Iune , they , who were his Contrariants , being as yet uncertain what was become of Him , retreated to Linlithgo . There , Word was brought them , that some Boats had passed to and fro , from the Ships to the Land ; and that they had carried off the Wounded Men. Whereupon , a Suspicion arose amongst them that the King himself also was gone a Shipboard ; which occasioned them to remove their Camp to Leith : From thence the Prince ( for that 's the Title of the King of Scot's eldest Son ) sent some Agents , to require the Admiral of the Fleet to come ashore to him . His Name was Andrew Wood , he was a Knight , and being mindful of the King's Kindness towards him , remained constant in his Affection to him , even after he was dead ; but he refused to come ashore , unless Hostages were given for his safe Return . Seaton and Flemming , two Noblemen , were appointed as Hostages : When he landed ▪ the King 's Council asked him , if he knew where the King was ? and who were they that he carried off to his Ships after the Fight ? As for the King , he told them , he knew nothing of him , but that he and his Brothers had landed out of their Boats , that so they might assist the King and all his good Subjects ; but , having endeavoured , in vain , to preserve him , they then returned to the Fleet : He added , if the King were alive , they resolved to obey none but him ; but if he were slain , they were ready to revenge his Death : He uttered also many reproachful Speeches against the Rebels ; yet nevertheless they sent him away in Safety to his Ships , that so their Hostages might not suffer . When the Hostages were returned , the Inhabitants of Leith were called up to the Council , and pressed by Promises of great Reward , to rig out their Ships , and subdue Andrew Wood. They all in general made answer , that he had two Ships so fitted with all Things for a Fight , and so well furnished with valiant Seamen ; and withal , that he himself was so skilful in Naval Affairs , that no ten Ships in all Scotland were able to cope with his Two : So that that Consultation was put off , and they went to Edinburgh . There they were fully informed of the King's Death , and appointed a magnificent Funeral to be made for him , at Kambus-Kenneth , a Monastery near Sterlin , on the 25 th day of the Month of Iune . IAMES the IVth , the CV'th King. IN the Interim , an Assembly was summoned about creating a new King. There were few which came together to perform this Service , and those were mostly of the Party that had conspired against the former King. The new King , at his first entrance sent an Herauld to the Governour of Edinburgh-Castle , for him to surrender it , which he did , and then he passed over to Sterlin , and that Castle was also delivered up to him by the Garison-Souldiers . When the Vogue was up in England , how troublesom Matters were in Scotland , five Ships were chosen out of that King's Fleet , who entred into the Firth of Forth , and there made havock of the Goods of all Merchants , making many descents on both Shores , they mightily infesting the Maritime Parts ; for they expected greater Disturbances on Land , by the sidings of the Scots one against another . For seeing the adverse Party were rather shattered than broken in the late Fight , in regard they were not all there , and of those that were , there were but few slain , they thought a feircer Tempest would have arisen from Minds which yet continued to be inflamed with Hatred and Envy , and which were elevated by confidence in their own Strength . And it encreased the Indignation , that now the power over so many Noble and Eminent Persons was so easily fallen not into the King's , but to a few particular Mens Hands ; for , tho the King might retain the Name and Title of a King , yet , being but a Youth of 15 Years old , he did not govern , but was himself governed by those that killed his Father : For the whole management of Matters would reside in Douglas , Hepburne , and Hume ; and their Confidence was the more encreased , because all the Shores were infested with the two Fleets , the Scottish and the English. To obviate this Difficulty , first of all , the new King endeavoured to reconcile the Naval Forces to himself , lest when he was absent in the further parts of the Kingdom , to settle Matters there , they should make some stir , or at least should make an entrance for the English , to penetrate far into the Land , and so spoil the Mid-land Countries . Whereupon , when the old King's Death was now publickly divulged abroad , the new One thought , that Andrew Wood would now be more flexible , and therefore he sent for him , giving him the publick Faith for his Security . When he was ashoar he told him , what a great Dishonour , Loss , and publick Shame it was to the whole Nation , that a few English Ships should , in despite of them , ride under their very Noses ; and thereupon he drew over Andrew to his Party , and set him forth , in good Equipage , against the English : Many did advise him , that he would sail an equal number of Ships , at least , against the Enemy , whose Vessels were more and bigger than his . No , says he , I 'le have only my own Two. And as soon as the Wind served , he made directly toward the English , who rode before Dunbar . He fought them bravely , took , and brought them all into Leith , and presented their Commanders to the King. Andrew was liberally rewarded by the King , and his skill in Sea-fight , with the singular Valour of his Souldiers and Seamen , was highly magnified . And yet there were not wanting some of those sort of Creatures , who do always admire the Atchievments of Kings , whatsoever they be , and if they be Great , yet they view them in a multiplying Glass , who foretold that this Victory did but presage a greater . Mean while the adverse part of the Nobility , sent Messages into all parts of the Kingdom , to persuade the Countrey to rise , and not to endure the present state of Things , nor to suffer so many valiant Men to be illuded by such publick Parricides , who had murdered one King and held Another in Bondage ; yea , who accused the Defenders of the King's Life , as Traitors , whereas they , who were indeed violaters of all divine and human Laws , gave out themselves to be the only Assertors of the Rights of their Country , and Maintainers of its Liberty : Amongst whom the King himself was not a Freeman , in regard he was enforced by them to take Arms against his Father , and his King too , and after he was impiously slain , then to prosecute , by a nefarious War , those who were his Father's Friends , and Defenders of his Life . Many such Discourses they spread abroad amongst the Vulgar , and , to excite a greater Flame of Indignation and Hate , Alexander Forbes , Chief of a Noble Family , carried the King's Shirt upon a Spear ( all over bloody , and torn , with the Marks of the Wounds he received ) through Aberdeen , and all the chief Towns of the adjacent Country ; and , as if it had been by a publick Proclamation , he excited all Men , by the Voice of an Herauld , to rise in Arms to revenge so nefarious a Fact. And Matthew Stewart , Earl of Lennox , a Man of great Wealth and Power , and who by an honest kind of popularity , was equally dear to high and low , was as active in the Countries on this side the Forth ; for he raised up the Earls that were his Neighbours , and with a good Force , endeavoured to pass over the Bridge at Sterlin , to join his Associates ; but that Bridg being possessed by the King's Forces , he sought to pass over at a Ford , not far from the Rise of the River , at the Foot of Mount Grampias . His Design was discovered to Iohn Drummond , by Alexander Mac-alpin , his Vassal , who had joined himself to the Enemy , by whom also Information was given , that all things were secure and ill-guarded in the Enemies Camp ; that every one stragled up and down , as they pleased ; that they had no Watch set in convenient places , nor used any Military Discipline at all : Hereupon Drummond , with some Courtiers , and a few Volunteers , who purposely came in to assist him , set upon them as they were asleep ; many were killed in their sleep , the rest run headlong away , without their Arms , and so returned from whence they came ; many were taken Prisoners , but by their Friends that knew them , a great part of them were dismissed ; they only were severely dealt with , who had either written or spoke more contumeliously than others . The Joy for this Victory was encreased by the News of another , at the same time , wherein Andrew Wood had prevailed in a Sea-fight against Stephen Bull. For Edward King of England , hearing that five of his Ships were taken by two of the Scots , and those much lesser also than his , was willing to blot out the Infamy of the Thing , and yet could find out no just pretence for a War ; yet he called his ablest Sea-Commanders together , he offered them what Ships , and Warlike Furniture they pleased , and so he persuaded them to revenge the Ignominy cast on the English Name , promising them great Rewards , if they could bring Wood to him , alive or dead : But when those , that knew the Valour of the Man , and his prosperous Successes , made some delay in the Case , Stephen Bull , a Knight of known Courage , undertook the Expedition ; and Opportunity seemed to favour his Design , because he knew that Wood was shortly to return out of Flanders , and he thought it would be a matter of no great difficulty to attaque him unawares in his Passage ; thereupon he chose out three Ships of the Royal Navy , and equipped them well in all points , and so stood for the Isle of May , an Island uninhabited in the * Bay of Forth , choosing that place for the conveniency of it , because in every side of the Island there is safe riding , and Harbour for Ships ; and there the Sea also grows so narrow , that no little Vessel could pass by , without being discovered . Whilst he rode there , he continually kept some of his skilfullest Mariners abroad in Fisher-boats , to watch , and to discover to him his Enemies Ships ; he had not rode at Anchor there many days , when lo ! Wood's Ships appeared with full Sail making towards him . Bull knew them , and presently weighed Anchor , and as Victor already in his Mind , he prepared himself for the Fight : Wood staid no longer but till his Men had armed themselves , and so made up to him . Thus did these two valiant Commanders engage , as if they had had the Courage of mighty Armies , and they fought so obstinately , till the Night parted the Fray , the Victory inclining to neither side : The next Morning each of them incouraged their Party , and with renewed Strength , went to it again ; they cast Iron Hooks ( called Grapling Irons ) into one anothers Ships , and so fought hand to hand , as if they had been at a Land Fight , and that with so great eagerness , that neither of them took notice of the falling back of the Tide , till they came to the heaps of Sand at the mouth of the River Tay ; there the Water being shallower , the great Ships of the English could not be so easily managed , but were forced to a Surrender , and so they were tow'd up against the Stream of the Tay to Dundee , where they staid till the dead were buried , and the wounded were distributed abroad to Chirurgeons for their Cure. This Battel was fought the 10 th day of August , in the Year of our Redemption 1490. A few days after Wood went to the King , and carried with him Stephen Bull , with the other Commanders of the Ships , and the notedst of his Souldiers , which he presented to him : Wood was highly commended by the King for this Exploit , and honourably rewarded . The King freely dismissed the Prisoners and their Ships , and sent them back to their King with an high commendation of their Valour . For in regard they fought for Honour , not for Booty , he therefore would shew , that Valour was to be honoured even in an Enemy . King Henry , tho he was much aggrieved for the loss of his Men in this unhappy Fight , yet he gave the King of Scots Thanks , and told him that he gratefully accepted his Kindness , and the Greatness of his Mind . About this time a new kind of Monster was born in Scotland ; in the lower part of its Body it resembled a Male Child , not much differing from the ordinary shape of a humane Body newly born ; but above the Navel , the Trunk of the Body and all the other Members were double , representing both Sexes male and female . The King gave special Order for its careful education , especially in Musick , wherein it arrived to admirable Skill ; and moreover it learned several Tongues ; and sometimes the two Bodies did discover several Appetites , disagreeing one with another , and so they would quarrel , one liking this , another that ; and yet sometimes again they would agree and consult ( as it were ) in common , for the good of both : This was also memorable in it , that when the Legs and Loins were hurt below , both Bodies were sensible of the Pain in common ; but when it was pricked , or otherwise hurt above , the sense of the pain did affect one Body only ; which difference was also more perspicuous in its Death ; for one of the Bodies died many days before the other ; and that which survived , being half putrified , pined away by degrees . This Monster lived twenty eight years , and then died , when Iohn was Regent of Scotland . I am the more confident in relating this Story , because there are many honest and creditable Persons yet alive , who saw this Prodigy with their Eyes . When the People of the North of Scotland heard of this Naval Victory , they gave over all thoughts of War , and return'd each to his own home . This Tumult and Broil being so easily quieted , the King applied his Mind , not only to quell all Seditions for the present , but also to prevent all occasions of them for the future ; he summoned his First Parliament to be held at Edinburgh , the 6th day of November ; there many wholesom Laws were made for the Establishing of publick Concord ; and to the end that Peoples minds might the better agree in the general , the Fault was cast but upon a few particular Persons , and the punishments were either very easy , or else wholly remitted . When a Dispute arose concerning the lawfulness of the War , Iohn Lyon , Lord ‖ Glames , rose up , and shewed several Heads of Articles , which the Nobles had formerly sent to the King in order to a Pacification , to which Iames the third had often both assented and subscribed ; and that indeed he had struck up a Peace with his Nobles upon those Terms , unless some evil Counsellors had drawn away his Mind therefrom , and so perswaded him to call in the old Enemy to fight against his own Subjects . And by reason of this his Inconstancy , the Earls of Huntly , Arrol , Earl of Marshal , and Lyons himself , with many other noble Persons , had forsaken him at that time , and had set up Iames the 4 th his Son , as being a great Lover of the publick Peace and Welfare . After a long dispute , at last they all consented to a Decree , wherein those that were slain in the Battel of Sterlin , were affirmed to have been cut off by their own Default , and that their Slaughter was just ; and that they who had took up Arms against the Enemies of the Publick , though covering their hidden Fraud under honest pretences , were guilty of no Crime , nor consequently liable to any Punishment . All who had Votes in the Assembly , subscribed to this Decree , that so they might give a better account of the Fact to Foreign Embassadors , who they heard were a coming . Many other Statutes were then also made , to restore to the Poor what had been taken violently from them ; to inflict light Mulcts on the Rich , and to indemnify both Parties : That their taking up of Arms at that time might never turn to the Prejudice of them or their Posterity . * This Moderation of Spirit was highly commended in a young King , of but fifteen Years old , and who was also a Conqueror , and had the Command of all ; but it was further heightned by his Benignity and Faithfulness in performing his Promises ; to which may be added ( which the Vulgar do most admire ) that he was of a graceful well-set Body , and also of a vivid and quick Apprehension ; so that by his using this Victory , neither with Avarice nor Cruelty , and by his real pardoning of Offendors , in a short time there grew up a great Concord amongst both Factions , both of them equally striving to shew their Love and Duty to the King. A few only , who were most obstinate , were mulct with a small Fine , or with the loss of part of their Estates , but none at all were deprived of their whole Patrimony ; neither were the Fines brought into the King's Exchequer , but expended on the Charges of the War. This his Royal Clemency was the more grateful , because Men did yet retain fresh in their Memories , upon what slight occasions in the former King's Reign , many eminent Men were outed of All ; and how much inferior to them those were , who came in their places . Moreover , to engage the chief Leaders of the contrary Faction to a greater Fidelity , he joyned them in Bonds of Affinity to himself ; for whereas his Aunt had two Daughters , begot by several Husbands , he married Gracina Boyd to Alexander Forbes , and Margaret Hamilton to Matthew Stuart . Thus in a short time the Minds of all were reconciled , and a pleasant Peace and Tranquillity did ensue ; yea , as if Fortune had submitted her self to be an Handmaid to the King's Virtues , there was so great an encrease of Grain and Fruits of the Earth , as if a Golden Spring had suddenly started up , out of a more than Iron Age. Thus , after the King had suppressed Robberies by Arms , and other Vices by the Severity of the Laws ; lest he might seem a sharp Avenger of others , but indulgent to himself ; and withal , to make it appear , that his Father was slain against his Will , he wore an Iron Chain about his Waste as long as he lived , and every Year he added one Link thereunto ; and tho this Practice might seem formidable to those that were the Causers of his Father's Death ; yet they had such Confidence , either in the Gentleness of the King's Disposition , or in their own Power , that it occasioned no Insurrection at all . Amidst this publick Jubilee , and also the private Rejoycings of particular Persons , about the seventh Year of the King's Reign , Peter Warbeck came into Scotland : But before I declare the Cause of his coming , I must fetch things something further back . Margaret the Sister of Edward the fourth King of England , having married Charles Duke of Burgundy , she endeavoured all the ways she could , if not to overthrow , yet at least to vex Henry the Seventh , the Leader of the contrary Faction ; In order whereunto she raised up one Peter Warbeck , as a Competitor for the Kingdom ; he was a Youth born of mean Parentage at * Tornay , a City of the † Nervii , but of such Beauty , Ingenuity , Stature of Body , and Manliness of Countenance , that he might easily be believed to have been descended of a Royal Stock . And by reason of his Poverty , he had travelled up and down in several Countries , ( so that he was known but by very few of his own Relations ) and there he had learned several Languages , and had hardened himself to all kind of bold and impudent Carriage ; when Margarite ( who was intent on all occasions to disturb the Peace of England ) had got this Youth , she kept him a while privately by her , till she had informed him with what Factions England laboured at that time , what Friends and what Enemies she had there ; in a word , she made him acquainted with the whole Genealogy of the Royal Progeny , and what Happinesses or Misfortunes had attended each of them . When things seemed thus to be somewhat ripe , she was resolved to try Fortune , and took private order , that he should be sent , in a decent Equipage , first into Portugal , then into Ireland ; there he had a great Concourse of People flock'd about him , and was received with huge Applause , as the Son of King Edward of England , either because his own Disposition , assisted also by Art , was inclined to Dissimulation ; or because being there amongst wild Kerns , he was soon likely to raise great Stirs and Tumults . When a War brake forth suddenly betwixt the French and the English , he was called for out of Ireland by Charles the Eighth , and had great Promises made him ; so that coming to Paris , he was there honourably received in the Garb and Equipage of a Prince , and had a Guard appointed him ; yea , the English Exiles , who were numerous at that Court , put him in a sure hope of the Kingdom . But that Tumult being quieted , upon Terms , he departed privately out of the Court of France , for fear lest he should have been delivered up , and so retired to Flanders , there he was highly caressed by Margaret , as if it were the first time that ever she had seen him , and was diligently shewed to all the Courtiers , and several times in the hearing of many of them , he was desired to relate the Story of all his Adventures . Margarite , as if this were the first time she had ever heard it , did so accommodate her dissembled Affections in compliance with each part of his Discourse , both when he related his Successes and also his Misfortunes , that every body thought , she believed what he had spoken to be certainly true . After a day or two , Peter was desired to go abroad in the habit of a Prince , and had thirty Men to be his Guard , wearing a white Rose , ( which is the Badg of the York-Faction amongst the English ) and so was every where declared as the undoubted Heir of the Crown of England . When these things were divulged , first in Flanders , afterward in England , the Minds of Men were so stirred up , that a great concourse of People flock'd in to him , not only of those who lurked in Holes and Sanctuaries for fear of the Laws , but even of some Noble-men , whom their present State did not please , or who desired Innovations . But when a longer delay , which Peter hoped would bring in more Force to him , was likely to abate his present Strength , if he were discovered to be a Counterfeit , therefore he determined to try his Fortune in a Fight ; so that , having gotten a pretty great Party together , he landed some few of them in Kent , to try the Affections of the Kentish-men , but in vain . All those , who landed , were taken , so that he was forced to steer his course for Ireland ; and there also he met not with the entertainment he hoped for ; so that he sailed over into Scotland , well knowing , that Peace betwixt Scotland and England never used to continue very long . He being admitted into the King's Presence , made a lamentable complaint of the Ruin of the York-Family , and what miserable Calamities he himself had suffered ; and therefore he earnestly besought him , to vindicate Royal Blood from such contumely and shame . The King bid him be of good chear , and promised he should shortly find , That he had not desired his help , in his Distresses , in vain . A few days after a Council was called , where Peter made a sad Story of his Misfortunes , That he being born of a King , the most Flourishing of his Time , and that of the highest hopes too , was left destitute , by the untimely death of his Father , and so was like to have fallen into the Tyrannical Hands of his Uncle Richard , before he was sensible almost what Misery was . That his Elder Brother was cruelly murdered by him , but that he himself was stolen away by his Father's Friends , so that now he durst not live , no not a poor and precarious Life , even in that Kingdom of which he was the lawful Heir . That he had so miserably lived amongst Foreign Nations , that he preferred the Condition of his deceased Brother before his own , in regard he was snatch'd away from all further Calamity by a suddain and violent Death : That he himself was reserved , as the ridicule of Fortune , and that his Sorrow had not that alleviation , that he durst bewail his miserable State amongst Strangers , to incline them to pity him ; for after he had begun openly to profess what he was , Fortune had assaulted him with all her Darts ; and , to his former Miseries , had added a daily fear of Treachery , for his crafty Enemy had sometimes tampered with those who entertained him , to take away his Life ; and sometimes he had privily suborned his Subjects , under the name of Friends , to discover his secret Designs , to corrupt his true Friends , and to find out his secret ones , and to calumniate his Stock and Pedigree , by false Accusations amongst the Vulgar ; to reproach his Aunt Margaret , and those English Nobles that owned him ; and yet notwithstanding , that she , being supported by a good Conscience against the revilings of Enemies , and also out of compassion to her own Blood , had supported him in his low Estate with her Assistance . But at last , when he perceived that he could not have Aid enough from her to recover his Kingdom , ( being a Widow , and old too ) he had solicited Neighbour-Kings and Nations , desiring them to respect the common Chances of Man's Life , and not to suffer Royal Blood to be oppressed by Tyrannical Violence , and so himself to pine away with Grief , Fear , and Misery ; and that he , though so the present , afflicted with great Evils , yet was not so dejected in his Mind , but that he hoped the time would come , that being restored to his Kingdom by the Aid of his Friends , ( of whom he had many both in England and Scotland ) he should be able to consider every particular Man's Service , and reward him accordingly ; especially if the Scots would join their Forces with His , and if ever he was restored to his Kingdom by their Arms , they should soon understand , that they had won a fast Friend , and that at such a time too , when the trial of true Friendship is wont to be made ; for he and his Posterity would be so gratefully mindful of the Obligation , that they would ever acknowledg , that the accession of his better Fortune was due to them alone . Besides , he added many things in praise of the King , part of them true , and part accommodated to their present Condition . Having thus said , he held his Peace : but the King called him up to him , and bid him , Take Heart , for he would refer his Demands to the Council , whose Advice , in Grand Affairs , he must needs have ; yet , however they did determine , he promised him faithfully , That he should not repent that he made His Court his Sanctuary . Upon this Peter quitted the Assembly , and the Matter being put to a debate , the wiser sort , who had most experience in State-Affairs , thought it best to reject the whole Business , either because they judg'd he was a Counterfeit , or else , that they foresaw there would be more Danger by the War , than Advantage by the Victory , tho' they were sure of it . But the major part , either through unskilfulness in Affairs , or inconstancy of Spirit , or else to gratify the King , argued that Peter's Cause was most just , and that they greatly pittied the Man : they added also , That now Matters were in some confusion in England , and Mens Minds were yet fluctuating , after the Civil War , and therefore it was good to lay hold of this Opportunity ; and that which the English were wont to do to them , they themselves ought to try for once , to make use of the Enemies Distractions for their own Advantage ; yea , they foretold a Victory , preconceived in their Minds , before they had put on their Armour ; especially , if great Forces of the English came in to join them ; nay , if they should not come in in such Numbers as they hoped , yet one of these two things must necessarily follow , That either they should conquer Henry , and so settle this new King on his Throne ; who , in recompence for so great a Benefit , must needs grant them all that they desired : Or , if they could end the Matter without Blows , yet Henry , upon the quelling Domestick Tumults , not being yet fully settled in his Throne , would submit to what Conditions they pleased : But if he refused so to do , when War was once begun , many advantages might offer themselves , which now were unforeseen . This was the Opinion of the major part , and the King himself inclined to them , and his Vote drew in the rest . And after this , he treated Peter more honourably than before , gave him the Title of Duke of York ; and , as such , shewed him to the People . And not contented herewith , he gave him Katharine Gordon , Daughter to the Earl of Huntly , to Wife , a Woman of as great Beauty as Nobility of Stock , by this Affinity erecting him to hopes of thriving , and bettering his Condition . And therefore by Advice of his Council , he levied an Army , and marched for England ; first of all carrying it warily , and having his Troops ready to engage , if any suddain Assault should be made upon him . But afterwards , when he understood by his Spies , that the Enemy had no Army in the Field , he sent out Parties to Plunder , and in a short time wasted almost all Northumberland , and the Countries thereabout . He staid some days in those Parts , and not an English-Man stirred , in behalf of Peter : And it being told him , that an Army was levying against him in the adjacent Counties , he thought it dangerous to venture his Souldiers , who were loaden with Booty , against the new and fresh Forces of the English , and therefore he resolved to return into Scotland , and there to leave their Booty ; and as soon as the time of the Year would permit , to undertake a new Expedition . Neither did he fear that the English would follow him in his retreat , for he knew that new-raised Souldiers would not be long kept together , neither would they make after him , if they could , through a Country so lately harassed and desolated by the Wars ; especially , having no Provisions prepared before-hand . And besides , Peter was afraid , that in regard none of the English came in to him , as he hoped , that if he staid any longer in his Enemies Country , his Cheat would be discovered , so that he himself seemed to approve of the King's Resolution , came cunningly to him , and composing his Speech and Countenance so , as might best move Compassion , he humbly besought him , That he would not make such Havock in a Kingdom that was his own by Right ; and that he would not so cruelly shed so much Blood of his Subjects , for no Kingdom in the World was of so much worth to him , as for its sake to have his Peoples Blood so largely spilt , and his Country so wasted with Fire and Sword , to procure it . The King began now to smell out and understand , whither this unseasonable Clemency did tend , and therefore told him , That he feared he would preserve that Kingdom , in which not a Man did own him as a Subject , much less as a King , not for himself , but for his Capital Enemy ; and so by common consent they returned Home , and the Army was disbanded . Henry being made acquainted with the Invasion , and also the Retreat of the Scots , appointed an Expedition against them the Year after , and in the mean time levied a great Army ; and that he might not be idle in the Winter-time , he summons a Parliament , who approved of his Design to make War on Scotland , and granted a small Subsidy upon the People for that end . That Tax raised up a greater flame of War upon him at Home , than that which he designed to quench Abroad . For the Commonalty complained that their Youth and Souldiery were exhausted by so many Wars , and Impressments , which had been made within these few Years , that their Estates were impaired , and ran very low : But the Nobles and Counsellors to the King , were so far from being moved with these Calamities , that they sought to create new Wars in a time of Peace , that so they might impose new Taxes on them , who were already in great Want and Necessity ; and thus , whom the Sword had not consumed , Famine and Poverty would . These were the publick Complaints of all the Commons : but the Cornish were more enraged than all the rest , for they , inhabiting a Country which is in great part barren , are wont rather to gain than lose by Wars : And therefore , that warlike People , having been accustomed rather to encrease their Estates by Military Spoils , than to lessen them by paying Taxes and Rates , first of all rose against the King's Officers and Collectors , and slew them ; and then , being conscious that they had engaged themselves in so bold an Attempt , that there was no retreat , nor hopes of Mercy , the Multitude flocking in daily more and more to them with Arms in their hands , they began their march towards London . But 't is not my Business to prosecute the Story of this Insurrection , it is enough for my purpose to tell you , that the King was so busied this whole Year by the Cornish , that the Army which he had designed against Scotland , he was enforced to employ against them . In the mean time , Iames , foreseeing , That Henry would not let the Injuries of the former Year pass unrevenged , and being also informed by his Intelligencers , That he was raising great Forces against him , He , on the other side , levied an Army , to the intent , That if the English invaded him first , he might be in a posture to defend himself ; if not , then he himself would make an inroad into his Enemies Country , and there so waste and destroy the bordering Counties , that the Soil ( poor enough of it self ) should not afford sufficient Necessaries , even for the very Husbandman . And hearing of the Cornish Insurrection , he presently began his march , and entered England with a great Army , dividing his Forces into two parts ; one went towards Durham to ravage that Country , and with the rest he besieged Norham , a strong Castle scituated on a very high Hill , by the River Tweed . But neither here nor there was there any thing considerable done : For Richard Fox , Bishop of Durham , a very prudent Person , foreseeing , that the Scots would not omit the Opportunity of attempting somewhat during the civil Broils in England , had fortified some Castles with strong Garisons , and had taken care that the Cattle , and all other driveable and portable things should be conveyed unto places , either safe by Nature , or made so by the vicinity of Moors & Rivers . And moreover he sent for the Earl of Surry , who had great Forces in Yorkshire , to assist him ; and therefore the Scots only burnt the Country , and not being able to take Norham , which was stoutly defended by those within , raised the Siege , and without any considerable Action returned Home . The English followed them not long after , and demolished * Aytown , a small Castle , seated almost in the very Borders , and he returned out of their Enemies Country , without any memorable performance also . Amidst these Commotions , both foreign and domestick , Peter Hialas , a Man of great Wisdom , and , as those Times were , not unlearned , arrived in England ; he was sent by Ferdinand and Isabel , King and Queen of Spain . The purport of his Embassy was , That Katharine , their Daughter , might marry Arthur King Henry's Son , and so a new Affinity and Friendship might be contracted betwixt them . The English did willingly embrace the Affinity , and therefore were desirous to finish the War with Scotland ; and because Henry thought it was below his Dignity to seek Peace at the Scots Hands , he was willing to use him as a Mediator . Peter willingly undertook the Business , and came into Scotland ; there he plied Iames with several Arguments , and at last made him inclinable to a Peace ; and then he wrote to Henry , That he hoped a good Peace would be agreed without any great difficulty , if he pleased to send down some Eminent Person of his Council , to accord the Conditions . Henry , as one that had often tried the inconstancy of Fortune , and that the Minds of his Subjects were grown fierce by these late Tumults , as being rather irritated than wholly suppressed , commanded Richard Fox , who resided in his Castle at Norham , to join Counsels with Hialas . These Two had many Disputes about the Matter with the Embassadors of Scotland , at * Iedburgh , and after many Conditions had been mutually proposed , they could agree upon nothing . The chiefest Impediment was , The demand of Henry , that Peter Warbeck should be given up to him , for he judged it to be a very reasonable Proposition , in regard he was but a Counterfeit , and had been already the Occasion of so much Mischief . Iames peremptorily refused so to do , alledging , That it was not honourable in him to surrender up a Man of the Royal Progeny , who came to him as a Suppliant ; whom he had also made his Kinsman by Marriage , against his Faith given to him , to be made a Laughing-stock by his Enemies . And thus the Conference broke off ; yet the hopes of an Agreement were not altogether cast off , for a Truce was made for some months , till Iames could dismiss Warbeck , upon Honourable Terms , according to his Promise . For now , by the Conference with the English , and other evident Indications , it plainly appeared , that the Tale concerning Peter's State and Kindred was a mere Falsity , and therefore the King sent for him , and told him , what singular good Will he had born him , and how many Courtesies he had bestowed upon him , of which he himself was the best Witness ; as first , That he had undertaken a War against a Potent King for his sake ; and had now managed it a second Year , to the great Inconvenience of his Enemy , and the Prejudice of his own Subjects . That he had refused an Honourable Peace , which was freely offered him , merely because he would not surrender him up to the English ; and thereby he had given great Offence , both to his Subjects and his Enemy too ; so that now , he neither could , nor would , any longer withstand their Desires . And therefore , whatever might ensue , whether Peace or War , he desired him to seek out some other and fitter Place for his Banishment , for he was resolved to make Peace with the English ; and when it was once solemnly made , to observe it as religiously ; and to remove from him whatsoever might be an Impediment or Disturbance thereto : Neither ought he to complain , That the Scots had forsaken him , seeing the English had done so first , in confidence of whose Assistance the Scots had begun the War : And yet , notwithstanding all these Circumstances , he was resolved to accommodate him with Provisions , and other Necessaries , to put to Sea. Warbeck was mightily troubled at his unexpected dismission ; yet he remitted nothing of his dissimulated height of Spirit , but in a few days , sailed over into Ireland with his Wife and Family : From whence soon after he passed into England , and there joined himself with the Reliques of the Cornish Rebels : but after many Attempts , being able to do no good , he was taken ; and having confessed all the Pageantry of his former Life , he ended his days in an Halter . The Seminary of War between England and Scotland being almost extinguished , and a great likelihood of Peace appearing , behold , there arose a great Ebullition of Spirit , upon a very light occasion , which had almost broken out into a fierce War. Some Scottish Youths went over to the Town of Norham , which was near to the Castle , ( as they were oft wont to do in Times of Peace ) there to recreate themselves in Sports and Pastimes , and to junket together with their Neighbours , as if they had been at Home , for there was but a small River , which divided them . The Garison in the Castle , out of the Rancour , yet lodging in their Breasts since the former War , and being also provoked by some passionate words , accused those Scots , as Spies , and so from Words they came to Blows ; many were wounded on both sides , and the Scots being fewer in number , were forced to return Home with the loss of some of their Company . This Business was often canvassed in the Meetings , between the Lords of the Marches ; and at last Iames was very angry , and sent an Herald to Henry , to complain of Breach of Truce , and how unconstant the English were in keeping Covenant ; and unless Satisfaction were given , according to the just Laws , which were made by general Consent , about restitution betwixt the Borderers , he commanded him to denounce War against him . Henry had been exercised by the Violence of Fortune , even from his Cradle , and therefore was more inclined to Peace : his Answer was , That whatever was done of that kind , was against his Will , and without his Knowledg ; and if the Garison-Souldiers had offended in the Case , by their Temerity , he would take order , That Examination should be made , and that , the Leagues being kept inviolate , the Guilty should be punished . But this was slowly done , and Iames looked upon the Answer , as dilatory , that so Punishment might be deferred , and the Sentiment thereof worn out with Time ; and therefore it rather provoked than satisfied Iames. But Richard Fox , Bishop of Durham , who was owner of the Castle , being much troubled , that an occasion of breaking the League should be administred by any of his Tenants ; to prevent it , sent several Letters to Iames , full of great submission , modesty , and civility , which so inclined the Mind of Iames , that he wrote him word back , that he would willingly speak with him , not only about the late Wrongs done , but also about other Matters which might be advantagious to both Kingdoms . Fox acquainted his King herewith , and , by his Consent , he waited upon Iames at * Mulross , where he then was . There Iames made a grievous Complaint of the Injury acted at Norham ; yet by the prudent and grave discourse of Fox , he was so pacified , that for Peace-sake , of which he shewed himself very desirous , he remitted the Offence . Other things were acted privately betwixt them ; but it appeared afterward , that the Sum of them was this , That Iames did not only desire a Peace , but ( both before , and also now ) an Affinity with Henry , and a stricter Bond of Union : And if Henry would bestow his Daughter Margaret upon him in Marriage , he hoped that the thing would be for the benefit of both Kingdoms ; and if Fox , whose Authority he knew to be great at home , would but do his Endeavour to accomplish the Affinity , he did not doubt but it would be soon effected . He freely promised his Endeavour , and coming to the Court of England , acquainted the King with the Proposition , and thereupon gave hopes to the Scots Embassadors , that a Peace would easily be accorded betwixt the two Kings . Thus at length , three Years after , which was An. 1500 , even about one and the same time Henry's Eldest Daughter , was betrothed to Iames the IVth , and also Katharine , Daughter to Ferdinand of Spain , to Henry's Eldest Son , and their Marriages were celebrated with great Pomp the next Year after . After the Marriage all things were quiet , and the Court turned from the Study of Arms to Sports and Pastimes , so that there was nothing but Masks , Shews , Feastings , Dancings , and Balls ; it was as a continued Jubilee , and , upon that account , every day was as an Holy-day : There were also Horse-Tiltings , frequently made , mostly according to the French Mode , betwixt which ( as Tragical Acts ) there intervened the Challenges of Moss-Troopers one of another , who were wont to live upon Spoil ; which Sport the King was well pleased to behold , because he judged that the killing of them was a Gain to him . When the noise of these Tourneaments came to Foreign Nations , many Strangers , and especially from France , came daily over to shew their Prowess , who were all liberally entertained by the King , and as bountifully d●smissed . Neither did he rest in these ludicrous Exercises , but he laid out a great deal of Mony upon Building , at Sterlin , Falkland , and sundry other places , and especially in building of Monasteries ; but his Cost about Ships was greatest of all , for he built three stately ones of a great Bulk , and many also of a middle Rate ; one of his great ones was to admiration , the biggest that ever any Man had seen sail on the Ocean , it being also furnished with all manner of costly Accommodations ; our Writers have given a Description of it ( which I pass over ) and the Measure of it is kept in some places : but the Greatness of it appeared by this , That the News thereof stirred up Francis King of France , and Henry the 8 th King of England , each of them to build a Ship in imitation thereof , and each endeavouring to out-vie the other ; when their Ships were finished and fitted with all necessaries for sailing , and brought to Sea , they were so big , that they stood there like unmoveable Rocks , unfit for any use . These Works being very expensive , did exhaust Iames his Treasure , so that he was forced to devise some new ways to get Mony , and amongst the rest , he pitched upon one , by the Perswasion , as it was thought , of William Elphinstone , Bishop of Aberdeen , which was very displeasing to all the Nobility . Amongst the Tenures of Land in Scotland , this is one kind , by which the Owner holds what he buys , or else is given him , on these Terms , That if he dye and leave his Son and Heir under Age , The Wardship of him should belong to the King , or to some other Superior Lord ; yea and all the Revenue is to be received by him , till the Heir come to the age of 21 Years . There is also another Badg of Slavery annexed to this Hold , that if an Owner do sell above half his Estate , without the consent of the chief Lord , then he is to forfeit the whole to him . This Law was introduced by Court-Parasites , to advance the King's Exchequer : but being looked upon as unjust , had lain dormant a long time ; but the King , being informed that Money might be got out of the Violators of it , commanded it to be put in Execution : that Process , they call Recognition . This way of raising Money by the King , tho it outed no Man of his whole Estate , yet was a greater Grievance to the Country , than his Father's Covetousness had been , for the Wrong redounded to very many , and to the worthiest People most ; because under the two last Kings , by reason of their Forreign , and also of their Civil Wars , the Memory of that Law was almost quite abolished ; and thereupon , by reason of this new Project , they were enforced either to redeem their Lands from the Officers of the King's Exchequer , or else to relinquish part of them . And yet the love of the Subjects towards their King was so great , that , tho they suffered great Inconvenience thereby , his other Vertues gave him such a Reverence amongst them , that their Indignation did not proceed to an actual Rising in Arms. But when the King set no bounds to his Expences , neither were there some Flatterers ( a perpetual mischief to Courts ) wanting ; who covered this vitious Excess under the plausible Names of Splendour and Magnificence : Hereupon he determined to undertake a Voyage into Syria , that so he might put an end to his vast Expence , ( which he could not continue without Ruin , nor yet give over without Shame ) and so , by his Absence , to abridg it . He made an honest Pretence for his Journey , that it was to expiate the Fault he had committed in bearing Arms against his Father . And indeed he had given some evidence of his Penitence ( whether true , or pretended ) upon this account , from the very beginning of his Reign , ( as I said before ) and he would often speak of it in his common Discourse . He had rigged a Navy for this Voyage , and had nominated the chief of his Retinue ; and had acquainted his Neighbour-Kings , by his Ambassadours , of his Intent ; and many of his Followers , as if they had obliged themselves by the same Vow , suffered the Hairs of their Heads and Beards to grow at length ; and , it was thought he would immediately have taken Ship , if some Hinderances had not intervened , even whilst he was most intent on his Journey : For , at that time , there arose a vehement Suspicion of a War like to ensue betwixt France and England , for Henry did not like the Successes of the French in Italy ; and , besides , he was solicited by Iulius the 2 d , then Pope , and by Ferdinand of Spain , his Father-in-Law , to join with them ; and with the Venetians , Swiss , and Maximilian too ( tho he did regulate his Councils ordinarily according to Events ) : for it was likely , that the Conjunctions of so many Nations against France , would almost swallow it up . The King of England , being in the prime of his Age , and elevated much in the sense of the Power of his Kingdoms , and also being very willing to be in Action , was desirous to enter into this Confederacy , but wanted a fair Pretence to fall out with France . But both of them knew one anothers Designs , by their Spies , and when France could not be persuaded to desist from warring against the Pope , who was Henry's Friend , at length an Herauld was sent into France , to demand Normandy , Aquitain , and Anjou , ( as the old Possessions of the English ) in France . But in regard France was not moved by these Threats neither , to intermit the War in Italy , hereupon Henry denounced War against him , and sent an Army into * Biscay , to join his Father-in-Law Ferdinand , and he himself prepared for an Expedition into France . Now Iames of Scotland , tho he resolved to side with neither of them , yet , as more inclinable to the French , he sent his Navy aforementioned , as a Present to Ann Queen of France , that so it might seem rather as a mark of his Friendship , than any real Assistance , for Military Action . And moreover , the Scots Clergy , who were used to French Largesses , were willing to shew themselves in behalf of Lewis of France ; and seeing they durst not openly do it , they sought out occasions to alienate the King's Mind from the English. In order hereto , Andrew Forman , then Bishop of Murray , one of their Faction , and a Friend to Lewis , was sent into England to demand a vast Sum of Gold and Silver , the greatest part thereof consisted in Womens Jewels and Ornaments , which were reported to be given , by Will , by Arthur , Henry the 8 ths Elder Brother , to his Sister Margaret , now married to Iames , as I related before . Henry ( as 't is probable ) looked upon this Demand only as a Pretence for a Quarrel , and therefore he answered Iames very mildly ; That if any thing were due to him , he would not only pay it ; but if he wanted a greater Sum , or any other Assistance , he would not fail to supply him . When Iames received this Answer , he resolved to assist Lewis in any other way , but by no means to invade England ; and he sent over the same Forman into France , to acquaint Lewis therewith . Meanwhile , because he had heard that great Naval Preparations were making on both sides , he resolved to send the Fleet aforementioned to Ann immediately , that so it might arrive there before the War did actually break forth ; he made Iames Hamilton , Earl of Arran , Admiral of it , and caused him to set sail with the first Opportunity . But Hamilton , tho a Man good enough , yet was more skilled in the Arts of Peace than War , and therefore either out of fear of Danger , or else out of his habitual backwardness , left his Voyage for France , and turned to Knockfergus , a Town in Ireland , scituate over against Galway in Scotland , which place he pillaged and burnt ; and afterward , as if he had been a mighty Conqueror , he hoisted sail for Air ( in Scotland ) a Port-Town in Kyle . When the King heard of his Return , he was very outragious against him , and could not forbear to express his menacing Reproaches against the Man ; and he was the more inraged against him , because he had received a Letter from Queen Ann out of France , which did endeavour to flatter him into a War against England ; and he had also other Letters from Andrew Forman , which informed him , That he was generally upbraided with the Promise of sending the Fleet , which they now looked upon as vain , in regard no such thing was done . The King was willing to obviate this mischief as well as he could , and therefore seeing Hamilton had broke off the Course , he was commanded to run , and had destroyed a Town , that had never been an Enemy to the Scots , and was then also in Alliance with them , and so had made War upon his Friends , without denouncing it beforehand , therefore he cashiered him the Admiralship , and caused him to be summoned to appear before him . Archibald Douglas Earl of Angus was designed to succeed him in that Command , and Andrew Wood was sent with him to take the Fleet into his Charge . But Hamilton had notice , by his Friends before their coming , of the King's Displeasure against him , and therefore presently hoised Sail , resolving rather to commit himself to the wide Sea , than to an enraged King ; he was a long time sailing for France , his Ship being tossed with contrary Winds and sore Storms in the Way , so that he arrived not there till the French had laid aside the Thoughts of any Naval Preparations , and then he landed in * Base-Britaine , where the Ship , which cost so much Money and Labour to build , had her Tackle taken out , and so rotted in the Harbour of Brest . In the interim , other causes of Discord arose at Home , which wholly alienated Iames from Henry . In the Reign of Henry the 7 th , there was one Robert Carr , a worthy Knight , so much beloved of Iames , for his excellent Virtues , that he made him his chief Cup-bearer , Master of his Ordnance , and Lord-Warden of the middle-Borders or Marches . He was a severe punisher of all Robbers , which procured him great Favour with the King , but increased the Hatred of the Borderers against him . So that both English and Scots , whose Licentiousness he restrained , by putting the Laws in Execution against them , jointly sought all occasions to take away his Life ; and , at length , at a solemn meeting of Scots and English , which used to be kept , to adjust and recompense Damages received , a Quarrel arose , and three English-men , bold Fellows , Iohn Hern , Lilburn , and one Starhed , set upon him , one came behind and ran him through his Back with a Lance , and , when he was wounded , the other two dispatched him quite . This Business was likely to create a War ; but Henry , as he was just in other Things , so in this was as angry as Iames at the foulness of the Fact , and therefore he caused Iohn Hern , the Brother of th' other Iohn , Lord of † Foord , and Governour of the English Borders , to be delivered up to the Scots , * with Lilburne , for the other Two had made their escape . They were shut up in Prison in Fast-Castle , and there Lilburne died . And for the expiation of so manifest a Crime , it was decreed , That in future Assemblings of that kind , the English should first crave the publick Faith for their Security , and so enter Scotland , and have their Meetings there ; and the Ambassadors of England , by many solemn Protestations and Ceremony of Words , should declare , That the Publick was not concerned , as guilty of that particular Murder . The other two Murderers lurked in the inland Parts of England , till the Reign of Henry the 8 th ; and yet they went not unpunished , for when they had got a Young King , fierce , potent , and saw , that he was willing to shew the greatness of his Strength , they crept out of their Dens . Hern , by the mediation of his Kindred , lived openly at his own House , and privately sent in Robbers to Scotland , to disturb the Publick Peace , hoping , that if a War were once begun , he should obtain Indemnity for his old Offences , and Impunity even with freedom to commit new . But Starhed got a Place to live in , about 90 Miles from the Borders , thinking to be safe by reason of the remoteness of his Habitation ; but Andrew Carr , the Son of Robert , who saw , that the Seeds of Hatred , which would soon break out into a War , were then sown , and fearing that if once they entred into Arms , he should lose the avengement of his Father's Blood , persuades two of his Tenants , of the Family of the Tates , to disguise themselves , and to kill Starhed . They undertook to do it , and so entred his House securely in the Night ; for living so far from the Borders , he thought he needed no Watch ; where they killed him , cut off his Head , and brought it to Andrew ; he , in testimony of his desired Revenge , sends it to Edinburgh , and sets it up there upon an high and conspicuous Place . Of Hern I shall speak in due time . A new Fact trod on the Heels of this old Injury , which awakened the Anger of the King of Scots , that was rather asleep than extinguished , before . At that time , there was one Andrew Breton , a Scots Merchant , his Father had a Ship rifled by the Portugals , and himself cruelly slain : Andrew had the Cause heard in Flanders , ( because there the Murder was committed ) where the Portugals were cast ; but they , not paying what was adjudged , neither did their King , tho' Iames sent an Herald to him for that end , compel them so to do . Andrew hereupon obtained Letters of Mart from Iames , to satisfy himself for the Damages and Murder ; and it was directed to all Princes and Cities lying near the Sea , That they should not account him as a Pirate , or Robber , if , by open Force , he revenged himself on the Portugals , who were such Violaters of common Right and Equity : so that in a few Months he did much mischief to the Portugals . Their Ambassadors , in the height of the War the French made against Pope Iulius the Second , and which was soon like to break out against the English , as siding with Iulius , came to Henry , and told him , That this bold and impudent Fellow , Andrew , which had done them so much Mischief , who were the Ancient Allies of the English , would assuredly be his Enemy , when he warred against France ; but now he was secure , and might easily be subdued and cut off ; and if the Fact were evil spoken of , it might be excused , under a pretence of his exercising Piracy . This , if he would do , he might prevent the Losses of his own Subjects , and also gratify their King , his Friend and Ally , very much . Henry was thus easily persuaded by the Portugals to entrap Andrew : In order whereto , he sent his Admiral , Thomas Howard , with two strong Ships of the Navy Royal , well-appointed , to way-lay ▪ him in the Downs , ( so they call the Heaps of Sand , which appear aloft when the Tide is out ) in his return from Flanders . It was not long before they espied him coming in a small Vessel , with a lesser one in his Company , and set upon him ; Howard himself attaqued Andrew , between-whom there was a sharp Fight , and altho' Howard had all the Advantage imaginable against him , yet he had much ado to take the Ship ; neither could he do that , till Andrew and many of his Men were slain . This is certain , That Andrew was a Man of that Courage , even when his Case was desperate , that , tho' he had several Wounds , and one of his Legs was broken with a Cannon Bullet , yet he took a Drum and beat an Alarm , and a Charge to his Men , to incourage them to fight valiantly ; this he did , till his Breath and Life failed him together . The lesser Ship , seeing that she was no way able to cope with the Enemy , endeavoured to save her self by flight , but was taken with a great deal less opposition ; They which were not killed in the Fight , were cast into Prison at London ; from whence they were brought to the King , and humbly begging their Lives of him , as they were instructed to do by the English , he , in a proud ostentation of his Mercifulness , dismissed and sent the poor innocent Souls away . Hereupon , Embassadors were sent into England by Iames , to complain , That his Subjects Ships were taken in a time of Peace , and the Passengers slain . They were answered , That the killing of Pirats was no violation of Leagues , neither was it a justifiable Cause for a War. This Answer shewed the spight of one , that was willing to excuse a plain Murder , and seemed as if he had sought an occasion for a War : Whereupon the English , which inhabited the Borders , by that which was acted above-board , guessed at their King's Mind ; and being also accustomed to sow the Seeds of Dissention , in the times of the firmest Peace ; and besides , being much given to Innovation , began to prey upon the adjacent Countries of the Scots . At that time , there was one Alexander Hume , who had the sole command of all the Scots Borders , which was wont to be distributed into three Mens Hands ; he was mightily beloved by Iames , but his Disposition was more fierce than was expedient for the Good of those Times . The King was intent upon War , and very solicitous how to blot out the Ignominy received by those Incursions ; and Hume promised him , That he , and some of his Kindred and Vassals , would , in a little time , make the English repent of the Loss and Damage they had done , as being resolved to turn their Mirth into Sadness . To make good his Word , he gathered together about 3000 Horse , entred England , and spoiled the Neighbouring Villages , before any Relief could come in ; but , as he was returning , his Men , being accustomed to pillaging , and then also laden with a great deal of Booty , being impatient to stay there any longer , divided their Spoil , even in their Enemy's Country , and went their ways severally Home . Alexander , with a few , brought up the Rear , to see that no assault might be made upon them in their Retreat ; but perceiving none to follow , he was the more careless , and so fell into an Ambush of 300 English , who , taking the opportunity , set upon them , and struck such a suddain Terror into them , that they routed and put them to flight . In this Conflict , a great many of the Scots were slain , and 200 taken Prisoners , amongst whom was Alexander's Brother , who was exchanged for the Lord Hern of Foord , who had been kept Prisoner many Years in Scotland , for the Murder of Robert Carr : But all the Booty came safe into Scotland , because they , who drove it , were marched on before . This new Offence , coming upon the King's Mind , which was not easy before , upon the account of what I formerly related , made him unruly and headstrong ; and thereupon he called a Convention to consult concerning the War. The wiser sort were against it ; but L'amot , the Embassador of France , earnestly pressed it , by Entreaties and Promises : And also frequent Letters from Andrew Forman urged the same thing ; yea , the King himself inclined thereto , so that many , to gratify him , fell in with his Opinion ; the rest , being the minor part , lest by a fruitless Opposition they might incur the King's Displeasure , gave also their assent ; so that a War was voted to be made against England , both by Land and Sea ; ( 't is doubtful , whether the Counsel or the Event was the worst ) , a set day was appointed for the Army to meet together . An Herald was sent into France to Henry , who was then besieging Tournay , to denounce War upon him . The Causes of it were rendred to be , That Satisfaction for Losses had been required , but not given . That Iohn Hume , the Murderer of Robert Carr , did openly shew himself ; That Andrew Breton , in violation of the Leagues betwixt the two Crowns , had been pillaged and slain , by the King 's own Command : And though he did not mention any of those Wrongs , yet he should never endure , That the Territories of Lewis , King of France , his Ancient Ally ; nor of Charles , Duke of Gelderland , his Kinsman , should be so miserably harrassed with all the Calamities of War ; and therefore , unless he desisted therefrom , he bid him Defiance . Henry being young , and having a flourishing and puissant Kingdom ; and besides , a general Combination of almost all Europe against France alone ; these things kindled a desire in his Mind , which was otherwise ambitious enough of Glory , to continue his Arms ; and therefore he gave the Herald an Answer more fierce than suted with his youthful Age ; That he heard nothing from him , but what he long before had expected from such a Violator of all Divine and Human Laws , and therefore he should do as he thought fit ; for his part , he was resolved not to be threatned out of his Procedure in a War , wherein he had so well prospered hitherto ; and besides , he did not value his Friendship , as having already had sufficient proof of his Levity . This Denunciation of War being brought into Scotland , as the King was going to his Army , at Linlithgo whilst he was at Vespers in the Church ( as the manner then was ) ; There entred an old Man , the Hair of his Head being Red , inclining to Yellow , and hanging down on his Shoulders ; his Forehead sleek thro' baldness , bare-headed , in a long Coat of a russet Colour , girt with a linen Girdle about his Loins ; in the rest of his Aspect , he was very venerable : He pressed thro' the Crowd to come to the King : When he came to him , he leaned upon the Chair on which the King sat , with a kind of rustick simplicity , and bespoke him thus ; O King , said he , I am sent to warn thee , not to proceed in thy intended Design ; which Monition if thou neglect , neither Thou nor thy Followers shall prosper . I am also commanded to tell thee , That thou shouldest not use the Familiarity , Intimacy , and Counsel of Women ; which if thou dost , it will redound to thy Ignominy and Loss . Having thus spoken , he withdrew himself into the Crowd ; and when the King enquired for him , after Prayers were ended , he could not be found ; which Matter seemed more strange , because none of those who stood next , and observed him , as being desirous to put many Questions to him , were sensible how he disappeared ; Amongst them , there was David Lindsy of * Mont , a Man of approved Worth and Honesty , ( and a great Scholar too ) ; for in the whole course of his Life , he abhorred Lying ; and if I had not received this Story from him as a certain Truth , I had omitted it as a Romance of the Vulgar . But the King , notwithstanding , went forward in his March , and near Edinburgh mustered his Army , and a while after entred England , took the Castles of Norham , Werk , Etel , Foord , and some others near to the Borders of Scotland , by Storm , and demolished them , and spoiled all the adjoining part of Northumberland ; mean while , the King falls in Love with one of the Ladies he had taken Prisoner , ( she was Hern's Wife of Foord ) and neglected his present business , insomuch that , Provision beginning to grow scarce , in a not very plentiful Country , and it being very difficult to fetch it from far , the greatest part of his Army stole away , and left their Colours very thin ; only the Nobles , with a few of their Friends , Clients and Vassals , and those not very well pleased neither , abode in the Camp : The major part advised him , that he should no longer punish himself and his Men by abiding in a Country that was wasted by War , and if it had not been so , yet was poor of it self , but rather that he would retreat and attempt Berwick ; the taking of which one Place would turn more to account , than of all the Towns and Castles thereabouts ; neither , said they , would it be very difficult to take it in , because both Town and Castle were unprovided for Defence . But the King thought that nothing was too hard for his Arms , especially since the English were intangled in the War with France , so that , some Court-Parasites soothing him up in his Vanity , he judg'd , that he might easily reduce that Town , in his Retreat . Whilst he thus lay encamped at Foord , there came Heraulds from the English , desiring him to appoint a Place and Time for the Battel . Hereupon he called a Council of War , wherein the major part were of opinion , That it was best to return home , and not to hazard the State of the whole Kingdom with so small a Force , especially , since he had abundantly satisfied his Credit , his Renown , and the Laws of Friendship ; neither was there any just Cause , why he should venture his small Army , and which had been also wearied out with the taking of so many Castles , against the more numerous Forces of the English , who had also newly received an Addition of fresh Men ; for it was reported , That at that very time Thomas Howard arrived in the Camp with 6000 Men , sent back out of France . Besides , if he retreated , the English Army must of necessity disband , and then they could not bring together Another , to be levied so far off , till the next Year . But if he would needs fight , it were better so to do in his own Country , where Place , Time , and Provision were more at his Command . But the French Embassador , and some Courtiers whom French Largesses had wrought over to him , were of another Mind , and easily persuaded Iames , who longed to fight , to abide the Enemy in that place : In the mean time , the English came not at the Day appointed by the Herauld , and then the Scots Nobles took that opportunity to go again to the King , and told him , that it was the Craft of the Enemy to protract the time from one day to another , whilst their own Force encreased , and the Scots were diminished , and that therefore he should use the same Art against them . That it was now no Dishonour for the Scots to retreat , ( since the English had not kept the designed Time ) without fighting ; or else , not to fight , but when they themselves thought fit : The first of these Advices was in many respects the more safe ; but , if that did not please him , he had a fair opportunity offered him to comply with the other . For seeing the * Till had very high Banks , and was almost no where fordable , there was no passing for an Army over it within many Miles , but by one Bridg , where a few Men might keep back a great Multitude ; yea , if part of the English should get over , he might so place his Ordnance as to cut off the Bridg , and so they , who had passed over , might be destroyed , before they could be relieved by those on the contrary side . The King approved of neither Advice , but answered resolutely , That if the English were 100000 strong , he would fight them . All the Nobility were offended at this temerarious Answer ; and Archibald Douglas , Earl of Angus , who was far superior to all the rest in Age and Authority , endeavoured to appease the King's Fury by a mild Oration , and to open the Nature and Reason of the two former Advices ; You have ( said he ) sufficiently satisfied your Alliance with France , in that you have called off a great part of their Enemy's Army from them ; for , by this means , they cannot run over all France , as , by the multitude of their Forces , they hoped to do ; neither can they do any great damage to Scotland , because they cannot long keep their Army together in a cold Country , already wasted by War , and otherwise not very fruitful ; and moreover , the Winter now approaching , which in the Northern Parts useth to begin betimes . As for the French Embassador ( said he ) I do not wonder , that he is so earnest to press us to a Battel , for he , being a Stranger , studies not the common good of our whole Party , but the private Advantage of their own Nation , and therefore it is no News , if he push us on to fight , and so be prodigal of other Mens Blood. Besides , his Demand is shameless , for he requires that of us , which his own King , tho highly wise and prudent , doth not think fit to do , for the maintenance of his whole Kingdom and Dignity . Neither ought the loss of this Army to be accounted small , because we are but few in number : For that which is any ways eminent for Valour , Authority , or Counsel in the whole Kingdom of Scotland , is here summ'd up in a Body : If these are lost , the rest of the Commonalty will be but an easy Prey to the Conqueror . Besides , to lengthen out the War , is at present more safe , and more conducive to the main Chance . For if L'amot's Opinion be , that the English are to be either exhausted by Expences , or wearied out by Delays , what can be more adviseable , in the present Posture of Affairs , than to compel the Enemy to divide his Force ; so that part of them must attend us , as if we were continually likely to invade them ; and the fear thereof would take off a great stress of the War from the French , tho with no small Toil of ours . Besides , we have consulted sufficiently for the Glory and Splendor of our Arms , which these Men ( who , I am afraid , are more forward in Words than Actions ) pretend , as a Disguise and Vail for their Temerity : For what can be more splendid , than for the King to demolish so many Castles , to destroy the Country with Fire and Sword , and , from so large Devastations , to bring home so much Booty , that many Years Peace will not restore a Country , so desolated , to its former hue ? And what greater Advantage can we expect in a War , than that , in so mighty an hurry of Arms , to our great Honour and Renown , but the Shame and Disgrace of our Enemies , we give our Souldiers leave to refresh themselves , having gotten Estates and Glory to boot ? And this kind of Victory , which is obtained rather by Wisdom than by Arms , is most proper for a Man , especially for a General , in regard the common Souldiers can challeng no part thereof . All that were present assented to what he spoke , as appeared by their Countenances : but the King had taken a solemn Oath , that he would fight the English , and therefore he entertained his whole Discourse with great Disgust , and bid him , Get him home again , if he were afraid . He thereupon fell a weeping , as foreseeing the ruin of Affairs , and of the King himself , by his Rashness ; but as soon as he was able to speak , he uttered these few words ; If my former Life have not sufficiently vindicated me from any suspicion of Cowardize and Fear , I know not what will ; as long as my Body was able to undergo Hardship , I never spared it for the Good of my Country , and to maintain the Honour of my King. But seeing now I am useful only for Advice , and the King's Ears are shut against it , I will leave my two Sons , which , next to my Country , are most dear to me , with my other Kinsmen and Friends , as sure Pledges of my Fidelity to You and my Country ; and I pray God , that my Fears do prove vain , and that I be rather accounted a false Prophet , than what I dread , and do as it were foresee in my Mind , should come to pass . Having thus spoken , he took his Convoy and Retinue , and so departed . The rest of the Nobles , because they could not work over the King to their Opinion , endeavoured to secure Things the best they could , and that was , in regard they were inferior in number , ( for they had Intelligence by their Spies , that the English were 26000 fighting Men ) to advantage themselves by the opportunity of the Ground and Place , and so to encamp upon an Hill that was near them ; It was where Cheviot-Hills do gently decline into a Plain , a small Spot , with a narrow Entrance into it , gradually sloping downwards : This Passage they defended with their Brass-Guns ; behind them were the Mountains , at the foot of them there was a moorish piece of Ground , which secured their left Wing ; on the right , ran the River Till , whose Banks were very high , over which there was a Bridg for passage , not far from the Camp : When the English had intelligence , by their Scouts , that they could not attaque the Scots Camp , without great damage , or rather certain ruin , they marched off from the River , and made a shew , as if they intended to leave the Enemy and retire towards Berwick , and so directly into the neighbouring Parts of Scotland , which was the best part of the Country , there to damage the Scots more , than They had done the English before . And Iames was most inclinable to believe , they would do so , because there was a Rumour spread abroad , either by uncertain Report , or else devised on purpose , by the English , that their Design lay that way , that so they might draw the Enemy down into the plain and Champion Country . Iames would not endure that , and therefore set Fire to the Straw and Huts , and removed his Camp too . The Smoke , occasion'd by the Fire , covered all the River , so that the Scots , by means thereof , could not see the English ; They marched farther from the River , thro' places more unpassable ; but the Scots had a level and open march thereunto ; till they both came at last to * Fluidon , or Floddon , a very high Hill , almost unknown one to another . There the Ground was more level , and stretched it self out into a Campagn ; and the River was also passable by a Bridg at † Tuisil ; and there was a Ford also at ‖ Milford . The English commanded their Forlorn , first to draw their Brass-Pieces over the Bridg , the rest marched thro' the Ford , and , by the opportunity of the Place , they set themselves in Battel Array , to stop the Enemy in their passage . Their Numbers were so great , that they divided themselves , as it were , into two Armies , distinct from one another , either of which did well-nigh equal the whole Army of the Scots . In their first Brigade , Admiral Thomas Howard , who a little before was come in with some of his Sea-Forces , commanded the Main Battel ; Edward Howard led on the Right Wing ; and Marmaduke Constable , the Left : Behind them , the rest were placed , as Reserves , being divided into three Bodies ; Dacres commanded the Wing in the Right ; Edward Stanly , That on the Left ; and the Earl of Surry , General of the whole Army , the Main Body . The Scots had not Men enow to divide their Army into so many Parties , unless they would extreamly weaken their Front ; and therefore they divided their Army into four Bodies , at a moderate distance one from another ; of which , three were to charge first , and the fourth was for a Reserve . The King led on the Main Body ; Alexander Gordon commanded the Right Wing , to whom Alexander Hume and the Merch-Men were joined ; Matthew Stewart Earl of Lennox , and Gillespy Cambel Earl of Argyle , led on the third Body ; Adam Hepburne with his Clans , and the rest of the Nobility of Lothian , were in the Reserves . The Gordons began a very sharp Fight , and soon routed the left Wing of the English ; but when they returned from the Pursuit , they found almost all the rest of their Brigades defeated ; for One of them , in which was Lennox and Argyle , being encouraged by the Success of their Fellows , brake their Ranks , and fell upon the Enemy , in very great disorder , leaving their Colours far in their Rear . Tho' L'amot , the French Resident , cried out much against it , and told them , they would run head-long to their own destruction ; for they were charged , not only by the English , standing in Array before them , but were also set upon by another Party in the Rear , and so almost all cut off . The King's Body , and Hepburn's Brigade with the Lothianers , fought it out stoutly . There was a great slaughter on both Sides , and the Dispute continued till Night ; by which time both Sides were weary . There were a great many slain of the King 's main Body ; they , who reckon'd the full number of the Slain , as their Names were taken , according to the several Parish-Registers , out of which they were pressed , say , That there were slain above 5000 of the Scots ; the loss was most of the Nobility , and of the forwardest of them too , who chose rather to die upon the Spot , than to supervive the slaughter of their Men. 'T is reported , that the English lost as many , but that they were most Common Souldiers . This is the famous Fight of Floddon , amongst the few Overthrows which the Scots have received from the English , one of the most memorable , not so much for the number of the Slain , ( for they had lost more than double that Number , in former Battels , ) but for the Quality of the Persons , the King and Prime of the Nobility falling there , so that few were left to govern the Rabble , who were fierce by Nature , and lawless also in hope of Impunity . And yet there were Two sorts of Men , that gained Advantage by this Calamity of others . For the richer sort of Church-men grew so insolent thereby , that , not contented with their own Function , they sought to draw all the Offices of the Kingdom into their own Hands : And the Mendicant Fryars ( for that sort of Monks were then counted most superstitiously religious ) had received much Mony of those that were slain , to keep for them ; but it being delivered without Witness , they were mightily enriched by this Booty , and thereupon omitted the severity of their Ancient Discipline ; yea , there were some amongst them , who counted That Gain , as a Pious and Holy Fraud , alleging , That the Mony could never be better bestowed , than to be given to Devout Persons , that they might pray ( forsooth ) for the Redemption of their Souls out of Purgatory . The Fight was carried on so obstinately , that , towards Night , both Parties were weary , and withdrew , almost Ignorant of one anothers Condition ; so that Alexander Hume , and his Souldiers , who remained untouched , gathered up a great part of the Spoil at their pleasure . But the next day , in the Morning , Dacres being sent out with a Party of Horse , to make discovery , when he came to the place of Fight , and saw the Scots Brass-Guns without a Guard , and also a great part of the Dead unstripp'd , he sent for Howard , and so gathered up the Spoil at leasure , and celebrated the Victory with great Mirth . Concerning the King of Scotland , there goes a double Report ; The English say , he was slain in the Battel . But the Scots affirm , That , in the Day of Battel , there were several others cloathed in the like Coat of Armour , and the Habit of the King ; which was done on purpose , on a double account ; partly , that the Enemy might principally aim at one Man , as their chief Opponent , on whose Life the safeguard of the Army , and total ruin of the Enemy , did depend ; and partly also , if the King hapned to be slain , that the Souldiers might not be discouraged , nor sensible of his loss , as long as they saw any Man armed and clothed like him , in the Field , and riding up and down as a Witness of their Cowardise or Valour . And that one of these was Alexander Elphinston , who , in Countenance and Stature , was very like the King ; and many of the Nobility , perceiving him armed in Kingly Habiliments , followed him , in a Mistake , and so died resolutely with him ; but that the King himself repassed the Tweed , and was slain by some of Humes his Men , near the Town of Kelsoe ; but it is uncertain , whether it were done by his Command , or else by the forwardness of his Souldiers , who were willing to gratify their Commander ; for they , being desirous of Innovation , thought , that they should escape Punishment , if he were taken off ; but if he were alive , they should be punished for their Cowardise in the Fight . Some Conjectures are also added , as , that , the same Night , after this unhappy Fight , the Monastery of Kelsoe was seized upon by Car , an Intimate of Hume's , and the Abbat thereof ejected ; which it was not likely he would dare to have done , unless the King were slain ; and moreover , David Galbreth , one of the Family of the Hume's , some Years after , when Iohn the Regent questioned the Hume's , and was troublesome to their Family , is said to have blamed the sluggish Cowardise of his Allys , who would suffer that Stranger to rule so arbitrarily and imperiously over them , whereas he himself had been one of the Six , that had put an end to the like Insolency of the King , at Kelsoe . But these Things were so uncertain , that when Humes was afterward tried for his Life , by Iames Earl of Murray , the King 's Natural Son , they did not much prejudice his Cause . However the Truth of this Matter stands , yet I shall not conceal what I have heard Lawrence Talifer , an Honest and a Learned Man , to report more than once . He was then one of the King's Servants , and was a Spectator of the Fight ; he saw the King , when the Day was lost , set upon an Horse , and pass the Tweed ; many others affirmed the same thing : So that the Report went currant , for many Years after , That the King was alive , and was gone to Ierusalem , to perform a Religious Vow he had made , but would return again in due Time : But that Rumor was found as vain , as another of the same Batch , which was heretofore spread abroad by the Brittons , concerning their Arthur : And , but a few Years since , by the Burgundians , concerning Charles . This is certain , That the English found the Body of the King , or of Alexander Elphinston , and carried it into England , and , retaining an inexpiable Hatred against the Dead , they left it unburied , in a Lead Coffin , ( I know not , whether their Cruelty therein were more foolish , or more barbarous , ) because he had born sacrilegious Arms against Pope Iulius the Second , whom the English then sought to curry favour with ; or else , as some say , because he was perjured , as having contrary to the Oath and League between them , taken up Arms against Henry the Eighth : Neither of which Exprobrations ought to have been laid to his Charge ; especially by such a King , who , during his Life was not constant or tight in any one Religion ; nor , by such a People , who had took up Arms , so often , against the Bishop of Rome . Not to speak of many of the Kings of England , whom their own Writers do accuse as guilty of Perjury , as William Rufus , who is charged with That Crime by Polydore and Grafton ; Henry the First , by Thomas Walsingham , in his Description of Normandy . King Stephen hath the like Brand inured upon him , by Neobrigensis , Grafton , and Polydore : Henry the Eighth , by the same Newberry , Grafton , and Polydore . Richard the First , by Walsingham , in his Hypodigma Neustriae . Richard the Third , by Grafton , and Walsingham : Edward the First , by Walsingham . I cull out these few , for Example-sake , not of the First Kings of the Saxon Race , of which I might instance in a great Many , but in Those of the Norman Family , whose Posterity enjoy the Kingdom to this Day , and who lived in the most flourishing Times of England's Glory ; to put them in mind , not to be so bitter against Strangers , who , with so much Indulgence , bore the Perjuries of their own Kings ; especially , since the guilt of the Crime objected lies principally on those , who were the first Violaters of the Truce . But to return to the Matter . Thomas Howard , Earl of Surrey , had gone off with great Renown for That Victory over the Scots , if he had used his Success with Moderation ; but being a Man , almost drunk with the Happiness of his prosperous Success , and little mindful of the Instability of Human Affairs , he made his Houshold Servants ( as the English custom is ) to wear a Badg on their left Arms , which was a White Lyon ( his own Arms ) on the top of a Red one , and rending him with his Paws : God Almighty did seem to punish this his insolent Ambition , for there were , in a manner , none of his Posterity , of either side , but dyed in great Disgrace and Ignominy . But King Iames , as he was dear to all whilst living , so he was mightily lamented at his Death ; and the Remembrance of him stuck so fast in the Minds of Men , as the like was not known of any other King , that we have heard or read of . 'T is probable , that it hapned , by making a Comparison with the bad Kings , who preceded his Reign ; or else , were likely speedily to follow after It ; considering also , his eminent Virtues ; yea , his popular Vices did easily deceive vulgar Minds , under a specious Resemblance and Affinity to Virtue . For he was of a strong Body , just Stature , a Majestick Countenance , of a quick Wit , but , by the default of the Times , not cultivated by Learning . He did greedily imbibe one ancient Custom of the Nation , for he was skilful in curing of Wounds ; for , in old Times , that kind of Knowledg was common to all the Nobility , as Men continually accustomed to Arms. The Access to his Presence was easy , his Answers were mild , he was just in Judgment and moderate in Punishment , so that he seemed to be drawn to it against his Will. He bore the malevolent Speeches of his Enemies , and the Monitions of his Friends , with a Greatness of Mind , which arose in him from the Tranquillity of a good Conscience , and the Confidence of his own Innocency ; insomuch , that he was so far from being angry , that he never returned them an harsh Word . There were also some Vices , which crept in among these Virtues , by reason of his two great affectation of Popularity . For , by endeavouring to avoid the Name of a covetous Prince , which his Father had incurred , he laboured to insinuate himself into the Good will of the Vulgar , by sumptuous Buildings , by costly Pageants , and immoderate Largesses , so that his Exchequer was very low , and his want of Money such , that , if he had lived longer , the Merits of his former Reign would have been extinguished , or , at least , out-ballanced by his Imposition of new Taxes ; so that his Death seemed to have hapned rather commodiously , than immaturely , to him . IAMES the Vth , the CVIth King. WHen Iames the Fourth was slain , he left his Wife Margaret and Two Sons behind him ; the Eldest of which was not yet full two Years old . The Parliament , assembled at Sterlin , proclaimed him King , according to the Custom of the Country , on the 24 th day of February , and then they addressed themselves to settle the publick Affairs , in doing whereof they first perceived the greatness of their Loss . For those of the Nobility , who bore any thing of Authority and Wisdom before them , being slain , the major part of those , who survived , by reason of their youthful Age , or incapacity of Mind , were unfit to meddle with Matters of State , especially in so troublesom a time ; and they who were left alive , of the better sort , who had any thing of Prudence in them , by reason of their Ambitions and Covetousness , abhorred all Counsels tending to Peace . Alexander Hume , Lord Warden of all the Marches , had got a great Name , and a large Estate , in the King's Life-time ; but when he was dead , he obtained an ( almost ) Regal Authority in the Countries bordering upon England . He , out of a wicked Ambition , did not restrain Robbers , that so he might more engage those bold and lewd Persons to him , thinking , thereby , to make way for his greater Puissance : but that Design was unhappy to him , and , in the end , pernicious . The Command of the Country , on this side the Forth , was committed to him ; the Parts beyond , to Alexander Gordon , to keep those Seditious Provinces within the Bounds of their Duty : But the Name of Regent was in the Queen her self . For the King had left , in his Will , which he made before he went to fight , that , if he miscarried , as long as she remained a Widow , she should have the * Supream Power . This was contrary to the Law of the Land , and the first Example of any Woman , who ever had the Supream Rule in Scotland ; yet the want of Men made it seem tolerable , especially to them , who were desirous of Peace and Quietness . But her Office continued not long ; for before the end of the Spring she married Archibald Douglas , Earl of Angus , one of the prime young Men of Scotland for Lineage , Beauty , and Accomplishments in all good Arts ; and before the end of that Year , the Seeds of Discord were sown . They took their Rise from the Ecclesiastical Order ; for , after the Nobles were slain , in all publick Assemblies , a great part were of that sort of Men , and many of them did their own business amidst the publick Calamity , and got such Estates , that nothing did more hasten their Ruin , than that inordinate Power , which they afterwards as arrogantly used . Alexander Stuart , Archbishop of St. Andrews , was slain at Flodden , and there were Three which strove for that Preferment , but upon different Interests . Gawin Douglas , upon the account of the Splendor of his Family , and his own Personal Worth and Learning , was nominated to the place by the Queen , and accordingly took Possession of the Castle of St. Andrews . Andrew Hepburn , Abbat of St. Andrews , before any Archbishop was nominated , gathered up the Revenues of the place , as a Sequestrator ; and he , being a potent , factious , and subtile Man , was chosen by his Monks to the Vacancy ( for he alleged , that the Power of electing an Archbishop , by ancient Custom , was in Them ) so that he drove out the Officers of Gawin , and placed a strong Garison in the Castle . Andrew Forman had obtained great Favour in the Courts both of Rome and France , by his former Services ; so that , besides the Bishoprick of Murray in Scotland , which he held from the beginning , Lewis the 12 th of France , gave him the Archbishoprick of Bourges : And Pope Iulius had also dismissed him , loaden with many rich Preferments , for he bestowed on him the Archbishoprick of St. Andrews , the two rich Abbies of Dumfermling , and Aberbrothock , and made him his Legate ( à Latere , as they call him , ) besides . But so great was the Power of the Hepburns at that time , that the Hume's being yet at Concord with them , no Man could be found that durst proclaim the Popes Bull , for the Election of Forman to that Dignity ; until , at last , Alexander Humes was induced by great Promises , and , besides other Gifts , with the actual Donation of the Abby of * Coldingham to David his younger Brother , to undertake the Cause , which seemed to be honest and just ; and especially , because the Family of the Formans was in the Clanship , or Protection , of the Hume's ; so that he caused the Popes Bull to be published at Edinburgh : And that was the Original of many Mischiefs which ensued ; for Hepburn , being a Man of a lofty Spirit , from that day forward , studied day and night how to destroy the Family of the Hume's . The Queen , whilst she sat at Helm , did this one thing Worthy to be remembred , that she wrote to her Brother , that he would not make War upon Scotland , in respect to her , and her young Children ; and that he would not infest the Dominions of his Cousin by his Foreign Arms , which , of its own accord , was divided into so many Domestick Factions ; but that he would rather defend them against the Wrongs of others , upon the account of his Age , and the Affinity betwixt them . Henry answered very Nobly and Prince-like , That if the Scots desired Peace , they should have it ; if War , he would make it upon them . When the Queen , by reason of her Marriage , fell from her Regency , the Nobility was manifestly divided into two Factions ; the Douglassian Party endeavoured , that the chief Power might reside in the Queen , and that This was the way to have Peace with England , which was not only advantagious , but even necessary , for them . The other Party , headed by Humes , pretended an Umbrage of the Publick Good , and that it was against the old Laws of the Land , to choose a Woman to be Regent ; as for the Queen , they would be studious of her Honour as far as they might so do by the Law , and as far as the Publick Safety would permit , and that a sufficient Proof had been given thereof , in regard that they hitherto submitted to her Government , ( tho it were against the Law of their fore-Fathers ) not by any legal Compulsion , but of mere good Will , and that they were ready to endure it longer , if any honest and equitable Pretence could be alleged for it . But seeing she , by her Marriage , had voluntarily deposed her self from that Dignity , she ought not to take it amiss , if they substituted another to enjoy that Office , which she had left ; and which indeed , by the Law , she could not hold ; for the Laws of Scotland do not permit Women to have the Supream Power , no not in times of Peace , much more in such troublesome days as Ours , wherein the powerfullest and the prudentest Man alive could hardly find Remedies for the many growing Evils of the Times . Thus whilst each Faction strove pertinaciously about the Choice of a Regent , either out of wicked Ambition , or occult Envy , they passed over All there present , and inclined to choose Iohn , Duke of Albany , then living with good Repute in France ; whereupon William Elphinston , Bishop of Aberdeen , is reported to have burst forth into Tears , in bewailing the publick Misfortune ; and his Speech affected many , especially when he came to that Point of reckoning up what Men were slain in the last Fight , and how few , like Them , were left behind , of whom none was thought fit to sit at the Helm of Government : He also told them , how empty the Exchequer was , and how it had been exhausted by the late King , and how great a Portion thereof was the Queen's Joynture , and how much necessarily must be expended on the Education of the King , and then how little part would remain to maintain publick Charges ; and that , tho none were more fit for the place of Regency than the Queen , yet seeing Concord could not be had on other terms , she was forced to yeild to that Party , who were for calling Iohn , Duke of Albany , out of France , to take the Regency upon him , tho he thought , that the publick Misery would be rather deferred than fully healed thereby . Alexander Hume was so violent for Albany , that he professed openly in the Assembly , that if they all refused , yet he himself would go alone , and bring him over into Scotland , to undertake the Government . It is thought , he did this , not for the Love of his Country , or for any private Advantage to himself , but merely out of This respect , that , being an ambitious Man , and knowing that his Interest in the People was more upon the account of his Power , than out of any real Love , therefore , himself despairing of the place , he was afraid if the Queen should have it , the Douglasses , his Neighbours , would grow too great , and his Power would abate ; for the Men of Liddisdale and Annandale had already withdrawn themselves , and had , by little and little , betook themselves to the Clanship of the Douglasses : And besides , he considered , that the Queen , by Assistanc● from England , was easily able to obviate all his Designs ; so that most Voices carried it for * Iohn , and an Embassy was appointed ( the chief whereof was Andrew Wood of the † Largs , ( a famous Cavaleer in those days ) to call him into Scotland for the Government , both upon the account of his own Virtue , and also by reason of his near Consanguinity with the King , for he was the Son of Alexander , Brother to Iames the Third . He being thus called to the supream Government by the Scots ; Francis , King of France , did not think that Office unsutable to his Interest , and therefore he furnished him with Mony and a Retinue at his Departure . Before his Arrival , in regard there was no one Person to administer the Publick Government , there were many Murders and Rapines committed ; and whilst the richer sort made up their private Clans and Factions , the poor desolate Vulgar were afflicted with all kind of Miseries . The chief Robber of those times was MacRobert Stran , who committed Outrages all over Athol , and the Neighbouring Parts , at his Pleasure , having 800 Men , and sometimes more , under his Command . At length , when he was at his Uncles Creighton's , he was way-laid , apprehended , and put to Death : But there was more Mischief like to arise from the Fewd between Andrew Forman and Iohn Hepburn ; yet , the Nature of them both , and the Discord , rather of their Manners than Minds , deferred the Mischief for a season , which then was just a breaking out . Iohn was profoundly covetous ; and Andrew was as great a Despiser of Mony , and profuse in his Largesses . The Designs and Purposes of Andrew were open and manifest to the view of all ; neither was there any need that he should conceal them , because his Vices were accounted Virtues by the Vulgar , and the simplicity of his Nature did Him as much Kindness among them , as the occult Craft of Hepburn , together with his malicious Dissimulation , his implacable remembrance of Injuries , and his desire of Revenge , did Him. And therefore Forman , hearing as yet no certainty of the coming of the Duke of Albany , neither could he be put into Possession by Hume , seeing Hepburn resided at his Castle and Monastery , which he had strongly garison'd , which were at a great distance from those places in which the Power of the Hume's might be formidable , he determined , by his Friends , to try , whether he could , with Mony , either satisfy , or at least , in some degree , abate the Avarice of the Man ; so that at last they came to an Agreement upon these Terms , That Forman should remit and forgive the Revenues of the last Year , which Iohn had gathered in , as a Sequestrator ; that he should surrender up to him the Bishoprick of Murray , and that he should pay him yearly 3000 French Crowns out of his Ecclesiastical Revenues , to be divided amongst his Friends . And thus the Man's implacable Hate was a little abated , and Matters settled on that side . The Fourteenth BOOK . THIS was the State of Affairs in Scotland , when Iohn Duke of Albany arrived at Dunbarton , on the 20 th day of May , in the Year of our Salvation 1515 , with the exceeding gratulation of all good Men. For , under his Government , they hoped for more quiet Times , and an equal distribution of Justice . In a full Assembly of the Nobility , called in his Name , he had a large Revenue settled upon him ; he was made Duke of Albany , Earl of March , and Regent , till the King came to be of Age. Moreover , Iames , the Natural Son of the late King , was made Earl of Murray , a young Man of such virtuous Endowments , that he far exceeded all the hopes Men had conceived of him . There was also one Fact , which much enhaunsed the estimation of Iohn , and it was done almost in the Face of the Assembly , and that was the punishment of Peter Muffat . He was a notable Thief , who , after many cruel & nefarious Pranks , plaid by him , in the Two last licentious Years , arrived at length to that audaciousness , that he appeared openly at Court : His unexpected Punishment made such a suddain change of Things , that Criminals began to withdraw for shelter : The Minds of the Good were erected , and the Face of Things began soon to be changed , from a stormy Tempest to a suddain Tranquillity . In the mean time , * Iohn Hepburn had so insinuated himself into the Regent , by the help of his Friends , whom he had privately greased in the Fist ; and afterwards by his obsequiousness , and pretence of knowing the old Customs of the Country , he got his Ear , who of himself was ignorant of Scotish Affairs , insomuch that none was credited , in Matters of great Moment , but He alone ; He was sent abroad with Commission , by the Regent , all over Scotland , to inquire into Their Offences , who oppressed the Vulgar , and made them as their Slaves . He obtained that Office principally upon these Grounds ; First of all , he acquainted the Regent , What new Discords and old Fewds there were in every County ; and also , what Factions there were , and who were their respective Heads : Hitherto his Relations were true , for the Things were known to all . But if any Occasion were offered to speak of Hume , he stirr'd up some to complain of his Enormity ; so that by the Imputation , partly of True , and partly of Feigned , Crimes , the Regent's Ears were shut against all Defence , he could make . But when he had almost gone over the whole Kingdom , and expresly declared the Alliances , Affinities , and Leagues which had interceded between each several Family ; and had persuaded the Regent , That no Man of Power , tho' a Criminal , could be punished without the Offence of his Clans ; and that , not so much for the Enmity and Conspiracies of their Kindred , as , that the Punishment reaching to a few , yet the Example would extend to a great many more ; whom a similitude of Faults , and a like fear of Punishments , out of Enemies would make Friends ; so that these great and large spreading Factions were not able to be punished by the Force of Scotland , only ; and therefore it was adviseable to desire an Auxiliary Strength from the King of France , to break this Knot of Contumacious Offenders ; and that this would be of use to France , as much as to Scotland . In the mean time , the Heads of the Factions were to be kept under , and ( if it were possible ) taken off , yet with that prudence , that they might not think too many of them to be aimed at at once . The Heads of the Factions at present were Three ; of them , Archibald Douglas was wonderfully popular , insomuch that the Vulgar doted on him : His Name was much adored , by reason of the great Merits of his Ancestors ; besides , he was in the flower of his Youth , and relied so much on his Affinity with England , that he bore a Spirit too big for a private Man. As for Hume , he was formidable of himself , and yet rendred more so , because he was confirmed in his Power by length of Time. Neither did he stop here , but made an invidious commemoration of what the Hume's had acted against the Regent's Father and Uncle ; of all which , tho' the Hepburns were partakers , yet he cast the Odium upon the Hume's only : He often mentioned his Cowardise in the last Battel against the English ; and the Talk abroad about the King's Death reflecting upon him , together with the repairing of Norham Castle , which was done by his connivance ; these things he repeated with great earnestness before the Regent . As for Forman , ( says he ) 't is true , he was not to be feared upon the account of his Kindred , or any Nobleness of Descent , yet he would make a great accession of strength to what Party soever he inclined , because all the Wealth of the whole Kingdom was gathered together ( as it were ) into one House , for he was able to supply the present Want of the Party he sided with , with Mony ; or else , by his Promises , ( all Things being then in his Power ) he could draw many into the Partnership of the same Design with himself . This was Hepburn's Speech to the Regent . The noted Fewds , that had passed between Hepburne and Forman , were the Cause , that Hepburne was not so much believed , in that part : And besides , his Estate was not so much to be envied , for he rather loved to lay it out , than hord it up ; neither was he so munificent to any , as to the French that waited on the Regent ; and besides , his desire was more to join all Parties in an universal Concord , than to addict himself to any one Faction . But the suspicion of the * Lord of the Marches sunk deeper into the Regent's Mind , which was manifest by the aversion of his Mind from him ; and because his Countenance was not so friendly to him , as before : So that after a few Months , * Alexander Hume , perceiving that he was not entertained by the Regent answerable to his hope , began to have secret Meetings with the Queen and her Husband : In those Congresses , Hume grievously lamented the State of the Publick , that the King , in that Age wherein he could not understand his own Misery , was fallen into the Hands of an Exile , one born and brought up in that Condition ; who , by a wicked Ambition , had endeavoured to rob his Elder Brother of the Kingdom : And , He being the next Heir , Who did not see that all his Endeavours were , to settle other Things according to his Mind , and then to pack the innocent Child out of the World , that He might translate the Kingdom to himself ; that so , what his Father had impiously designed , he himself might as wickedly accomplish ? There was but one Remedy in the Case , and that was , for the Queen to retire with her Son into England , and there to put her Self and Concerns into the Protection of her Brother . These things being brought to the Regent's Ears , were easily believed by him ; but , being a Man of an active Spirit , and of quick dispatch in Business , * with those Forces which he had ready about him , he prevented their Design , for he took the Castle of Sterlin , and the Queen in it ; He took the Oath of Allegiance to the King publickly , by the Decree of the Nobles ; the Queen and the Douglasses were removed , and Three of the Nobility , of great estimation for their Faithfulness & Integrity , were joined with Iohn Erskin Governor of the Castle , to preside over the Education of the Young King ; they were to succeed one another by turns , and he allowed them a Guard for their Security ; upon this , * Hume and his Brother William fled into England . And Douglas and his Wife staid no longer behind them , but till they knew Henry's Mind , who commanded them to stay at Harbottle in Northumberland , till his Pleasure was further known . Iohn , the Regent , was very much concern'd at all their departures , and therefore he presently sent Embassadors into England , to acquit himself before Henry , that he had done nothing , why the Queen should fear him , or be in the least disaffected towards him ; neither had he acted any thing against those , who accompanied her in her Flight and Departure , but that they might enjoy their Country , their Freedom , and , if they pleased , their Estates . Thus publickly he wrote to the King : But besides that , he did not omit secretly to promote the return of the Hume's and Douglas , by the mediation of their Friends ; he made them many large Promises , till he had brought them over to his Will. Whereupon , the rest returned Home ; but the Queen being big , and near the Time of her Delivery , was constrained to stay there , where she brought forth a Daughter named Margaret , of whom in due place : But as soon as she was able to travel , she had a Royal Accommodation and Retinue sent from London to bring her up thither , where she was honourably and nobly received by Henry , her Brother , and Mary , her Sister , ( who upon the death of her Husband , Lewis of France , had a little before returned into her own Country . And yet the Suspicions before raised in Scotland , were not much abated , either by the departure of the Queen , or by the return of some of her Retinue : For Gawin Douglas , Uncle to the Earl of Angus , Patrick Pantar , Secretary of State to the former King , and Iohn Drummond chief of his Family , were sent to several Prisons and banished . And (a) Alexander Hume was summon'd to appear before the Assembly of Estates , on the 12 th day of Iuly , in the Year of Christ 1516 ; but he , not appearing , was condemned , and his Goods confiscate . He was inraged at this contumelious Wrong , ( for so it was in his Eye ) and to drive out one Fear by another , he either sent in , or else incouraged , Tories , to commit great Outrages upon the Neighbourhood : Whereupon the States order'd the Regent to raise Ten thousand Horse and Foot , to repress those Insolencies , and either to take Hume , or else drive him out of the Country . But before it came to Blows , Hume , by the persuasion of his Friends , surrendred himself to the Regent , and so was conveyed to Edinburgh , to be a Prisoner under Iames Hamilton Earl of Arran , his Sister's Husband , who was to be esteemed as a Traitor , if he suffer'd him to escape ; but the Issue of that Matter fell out otherwise than any Body expected , for Hume persuaded Hamilton to escape away with him , and to make a Party , and so to enter on the Government Himself , he being the next Heir after the former King's Children , in regard he was born of a Sister of Iames the Third ; and therefore it was more equitable , that he should enjoy the next Place to the King , than Iohn , who , 't is true , was also the Son of a Brother , but born in his Banishment ; and in all other things a perfect Foreigner , one who could not so much as speak the Scotish Language . When the Regent heard of this , he went to take in Hamilton's Castle , and , placing his Brass-Guns against it , had it surrendred in two Days . In the mean time Hume made Excursions out of Merch , and pillaged the Country about , and at length burnt down a great part of the Town of Dunbar . These were the Transactions of that Year . At the beginning of the Spring , Iohn Stuart , Earl of Lennox , whose Mother was Hamilton's Sister , join'd himself , with a great many of his Friends and Vassals , to the Rebels . These seiz'd upon the Castle of Glasgoe , and there they staid with Hamilton himself , expecting the Regents coming . The Regent had called a Council of the Nobles of his Party at Edinburgh , and there rais'd a suddain Force , and entred Glasgoe Castle ; one Gunner , a French-Man , was punish'd as a Deserter ; the rest were pardon'd by the intercession of Andrew Forman , who was then a Mediator for Peace between them . The Earl of Lennox , a few days after , was receiv'd into Favour , and from that day forward carry'd it with great Faithfulness and Observance towards the Regent . And not long after , first Hamilton , and then the Hume's , return'd to Court , and had an Amnesty for what was past ; it was granted to Hume with greater difficulty than to the rest , because he had rebelled so often ; and an express Condition was added , that if he offended another time after that , the memory of his old Crimes should be again revived , and charged upon him . Peace being thus setled , the Regent retired to Falkland , where he staid some Months ; but hearing of great Suspicions against Hume , he returned to Edinburgh . And on the 24 th day of September held a Council of the Nobility , where he endeavoured , by his Friends , to draw Hume to Court. Large Promises were made to intice him so to do ; but many of his Party dissuaded him ; or , if he himself were resolved to go , yet he should leave his Brother William ( who by his Valour and Munificence had almost obtained as great , or a greater Authority than himself ) at Home , in regard the Regent would be afraid to use any high Severity against him , as long as his Brother was alive ; but he being , as it were , hurried on by a Fatal Necessity , slighted the advice of his Friends ; and , with his Brother William , and Andrew Car of Farnihurst , came to Court , where presently they were all clapt up in several Prisons . And , by the advice of the Council , a few days after , were tried , for their Lives , after the Country Custom . And yet there was no new Fact urged against them , Prince Iames , Earl of Murray , accused him for the Death of his Father , who came alive off the Field , as many Witnesses did prove . This Fact was strongly urged , but the Proofs were weak , so that they gave it over , and insisted only on his private Crimes , and the many former Rebellions were objected , of all which Alexander was either the Author , or at least Partaker in them ; and moreover , 't was alleged , that he did not do his Duty in the Battel of Flodden . Hereupon , the Hume's were condemn'd , Alexander had his Head struck off the 11 th of October , and his Brother , the Day after ; both of their Heads were set up on an high place , as a Terror to others , and their Estates were confiscate . This was the end of Alexander Hume , the powerfullest Man in Scotland of his Time. He , in his Life-time , had raised up the Hatred and Envy of a great many Men against him ; yet , those Prejudices in time abating , his Death was variously spoke of , and so much the more , because he fell not , for the perpetration of any new Crime , but merely by the Calumnies ( as 't was thought ) of (c) Iohn Hepburn , the Abbat . For he , being a Factious Man , and eager of Revenge , bore an implacable Hatred against Hume ; because , by his Means alone , he was disappointed of the Arch-Bishoprick of St. Andrews : So that , tho he had stifled his old Hatred for a Time , yet , 't was believ'd , he push'd on the Regent ( who of himself was suspicious enough of , and disaffected to , the Hume's ) to the greater Severity against him , by telling him , how dangerous it would be to the King and all Scotland , if he , at his going into France , should leave so fierce an Enemy alive behind him . For , what would he not attempt in his Absence , who had despised his Authority when present ? So that the Contumacy of the Man , which could not be lenified by Rewards , Honours , nor by frequent Pardons , had need be conquered by the Axe , if he would ever keep Scotland in quiet . These and such like Insinuations , upon pretence of consulting the publick Safety , being buzz'd into the Ears of a Man disaffected to them before , contributed more to the Destruction of the Hume's , ( in the Judgment of many ) than any of their Crimes . When the Hume's were put to Death , (d) Andrew Car obtained the Respite of one Night , to provide for his Souls Health ; but , by means of his Friends , and especially a French-man his Keeper , it was suspected , upon the payment of a good Sum of Money down upon the Nail , he made his Escape . Alexander Hume left three Brothers behind him , who all met with various Misfortunes in those Days ; George , for a Murder he had committed , lay private , as an Exile , in England : Iohn , Abbat of Iedburgh , was banished beyond the Tay : David , the youngest , Prior of Coldingham , about two Years after the Execution of his Brothers , being called forth by Iames Hepburn , his Sisters Husband , upon pretence of a Conference , fell into an Ambush , laid purposely for him , and was slain , being much pityed by all ; that an innocent young Man , of so great hopes , should be betrayed so unworthily by one , who had little reason so to do . When Severities and Punishments had thus ranged over the whole Family of the Hume's , at last it fell to their Enemies share , and especially to Hepburn's , who had been so severe an Exactor of the unjust Punishment of others ; yet the Destruction of one Family , once so powerful , brought such a Pannick Fear upon all the rest , that Matters were the quieter a great while after . The next December , the Regent brought the King from Sterlin to Edinburgh , and then he desired leave of the Nobility of Scotland to return into France ; every one , almost , was against the Motion , so that he was forced to stay , till late in the Spring , and then took Shipping , promising speedily to return , in case any more than ordinary Commotion should arise , which required his Presence . For the Government of the Kingdom , in his Absence , * he left the Earls of Angus , Arran , Argyle , and Huntly , the Arch-Bishops of St. Andrew's and Glasgoe , to whom he added Anthony Darcy , a French-man , Governour of Dunbar , who was injoined to correspond with him , and to inform him of all Passages in his Absence . And that no Discord might arise , out of an ambitious Principle , between such Great and Noble Personages , by reason of their Parity in the Government , he allotted to each of them their several Provinces . Darcy , the French-man , the rest condescending thereunto , had the chief Place amongst them , Merch and Lothian being appointed to be under his Government . The other Provinces were distributed to the rest , according to each Man 's particular Conveniency . Mean while , the Queen , (f) about a Year after she had been in England , near the end of May , returned to Scotland , and was attended by her Husband from Berwick : But they lived not together , so lovingly , as before . The Regent , at his Departure , to prevent the budding and growth of Sedition in his Absence , had carryed along with him , either the Heads of the noblest Families , or else their Sons and Kindred , ( upon a pretence of doing them Honour , but , indeed , as Pledges ) into France : And he had sent others of them into different and remote parts of the Kingdom , where they had as 't were but a larger Prison . He had also placed French Governors in the Castles of Dunbar , Dunbarton , and * Garvy , yet a Commotion arose , upon a slight occasion , whence it was least feared , or dreamt of . Anthony Darcy had carried it with a great deal of Equity and Prudence in his Government , especially in restraining of Robberies . The first Tumult in his Province , which tended to any thing of a War , was made by William Cockburn , Uncle to the Lord of (g) Langton ; he had driven away the Guardians of the young Ward , and had seized upon the Castle of Langton , relying principally on the power of David Hume of (h) Wederburn , whose Sister Cockburn had married . Thither Darcy marched with a sufficient Guard , but they Within refused to surrender the Castle ; and moreover , David Hume , with some few nimble Horse , riding up to him , upbraided him with the cruel Death of his Kinsman Alexander ; the (i) French-man , partly distrusting his Men , and partly confiding in the Swiftness of the Horse he rode upon , fled towards Dunbar ; but , his Horse falling under him , his Enemy overtook and slew him , and set up his Head in an eminent place on Hume-Castle ; he was slain the 20 th of September , in the Year 1517. Whereupon , the other Governours had a Meeting , and fearing a greater Combustion , after this terrible beginning , they made the Earl of Arran , their President , and committed George Douglas ( Brother to the Earl of Angus , upon Suspicion of his being privy to the Murder newly committed ) Prisoner to Garvy-Castle : They also sent to the Regent in France to call him back into Scotland , as soon as ever he could . About the same time , some Seeds of Discord were sown , between the Earl of (k) Angus , and Andrew Car of Farnihurst , by reason of the Jurisdiction over some Lands which did belong to the Earl , but Andrew alleged , he had Power to keep Courts in them : The rest of the Family of the Car's sided with the Earl , but the Hamilton's took part with Andrew , which they did , more out of hate to the Douglas's , than for any Justice Car had , for his Pretensions ; so that both Parties provided themselves against the Court-day , to run a greater hazard than the matter they strove about was worth . And Iohn Somerval , a noble and high-spirited young Man , of the Douglas's Faction , set upon Iames , the Natural Son of the Earl of Arran , on the Way , and slew five of his Retinue , putting the rest to flight , he also took above thirty of their Horses . When an Assembly was summoned to be held at Edinburgh , April the 29 th , 1520. The Hamiltons alleged , that they could not be safe in that City , where Archibald Douglas was Governour ; whereupon , (l) Douglas , that he might not impede publick Business , about the end of March , resigned up his Government , of his own accord ; and Robert Long , a Citizen of Edinburgh , was substituted in his Place . The Nobility of the (m) West part of Scotland , of which there were very many , had frequent Meetings in the House of Iames Beton , the Chancellor ; their Design was , to apprehend the Earl of Angus , for they alleged , that his Power was too great and formidable to the Publick ; that , as long as he was at Liberty , they should have no freedom for Debate , or Resolution . And Opportunity seemed to favour their Design ; for he , having now but a few of his Vassals about him , might be easily surprized , before his Kindred came in to his Assistance . When he perceived what was agitated against him , he sent his Uncle Gawin , Bishop of Dunkelden , to them , to pacify them , whom , he said , he had provoked with no Injury , and to desire them to manage the Dispute without force of Arms ; for , if they could make out any just Complaint against him , he was willing , in Equity , to give them all due Satisfaction . But his Speech profited not , or being made to Men prepossessed , fierce , puissant , and greedy of Revenge . And therefore Gawin could obtain no good Terms from them , but returned to Angus , and acquainted him with the Arrogance of his Enemy , and then caused his whole Family to follow the Earl ; He himself , being a Priest , and infirm too , by reason of Age , retired to his own Lodging . Some think , he did this to upbraid the unseasonable Pride of the Chancellor , who , when he ought to have been a Promoter of Peace , flew armed up and down , like a Fire-brand of Sedition . (n) Douglas , seeing there was no hopes of Agreement , exhorted his Men rather to die valiantly , than , like Dastards , to hide themselves in their Lodgings , from whence ( to be sure ) they would soon be pluck'd out by the Ears , to their Deaths ; for their Enemies had stopp'd all Avenues and Passages , so that not a Man of them could get out of the City : All that were there present , assented to what he had spoken ; and thereupon he and his Party , being clad in their Armour , seized upon the broadest Street in all the Town . He had about fourscore in his Train , but all stout resolute Men and of known Valour . They divided themselves into the most convenient places , and so set upon their Enemies as they came out of several narrow Alleys , at once ; the first they slew , and drove the rest back , tumbling one upon another with a witness . The Earl of Arran , who commanded the opposite Party , with his Son Iames , got to a Ford and made their escape by the North-Lough ; the rest ran several ways for shelter to the Convent of the Dominicans . Whilst these things were acting , there was a mighty Combustion all over the Town ; and , in the midst of the Bustle , Angus's Brother , enters the City , with a great Party of his Clan-ship . When Douglas had got this Accession to his former Strength , tho there were abundance of his Enemies in the Town , yet he made a Proclamation , by a Trumpeter , that none should dare to appear in the Streets , with Arms about them , but his Friends and Party . Those that desired Passes to depart quietly , had them easily granted ; there went out , in one Company , about 800 Horse , ( besides those who had taken their Flight , before ) with greater Ignominy than Loss . For there fell not above 72 , but amongst them , were Men of Note , as the Brother of the Earl of Arran and Eglington's Son. This was done the 30 th day of April , 1520. To revenge this Disgrace , the Hamilton's besieged Kilmarnock ( a Castle in Cuningham ) ; Robert Boyd , a Friend of the Douglas's , commanded it , but they soon left it , without effecting any thing . The next Year , Douglas came to Edinburgh , on the 20 th of Iuly , bringing with him the Hume's , which had been banished , and there he took down the Heads of Alexander and William Hume , which had been set up on Poles . The whole five (o) Years , that the Regent was absent , were very full of Tumults , there was no end of pillaging and killing , till his Return , which was Octob. 30. 1521. Upon his Arrival , he resolved to abate the Power of the Douglas's , in order to the quieting of those Seditions , which had hapned in his absence . The Earl of Angus , Head of that Family , he sent into France ; he caused the Pope , to call over his Uncle , the Bishop of Dunkelden , to Rome , to purge himself there from some imputed Crimes ; who , the Year after in his Journy to Rome , fell sick of the Plague in London , and died : His Virtues were such , that he was very much lamented ; for , besides the splendor of his Ancestry , and the comliness of his Personage , he was Master of a great deal of Learning , ( as for those Times ) and being also a Man of high prudence , and singular Moderation , even in troublesome Times , he was much esteem'd , in point of Faithfulness and Authority , even by contrary Factions ; he left behind him considerable Monuments of his Ingenuity and Learning , written in his Mother-Tongue The next Year after the return of the Regent , a Parliament was held , and an Army levyed , appointed to rendevouz at Edinburgh , on a set day ; whither they came accordingly , and pitch'd their Tents in the Fields , near * Rosselin , none knowing upon what Service they were to be put ; but at last an Herauld proclaim'd , (p) that they were to march towards Annandale ; a great Punishment being denounced on those , who refused so to do . The rest of the Army marched , obediently enough , to the River Solway , the Boundary of Scotland , only Alexander Gordon , and his Party , staid behind three Miles , backward , further from England : When the Regent heard of it , he came back to him the next Day , and brought him up to the Camp : There he called the Nobles and chief Commanders together , and shewed them many great and weighty Reasons , why he invaded England , on that side . But a great part of the Nobility , by the Instigation of Gordon , who was their Senior , (q) and of greater Authority than them all , wholly refused to set Foot on English Ground ; whether out of Disaffection to the Regent ; or else , ( as they pretended ) that 't was not for the Interest of Scotland , so to do . The specious Pretences , cast abroad amongst the Soldiers , pleased them well enough ; for if they had levyed an Army in favour of the French , lest the English might bring their whole Strength upon them , it was sufficient for that purpose , only to make a shew of War ; but , if the Interest of Scotland were considered , Matters were not well setled at home , and their King was but a Child ; so that , 't was most adviseable for them , at that time , only to be on the Defensive , and to keep their own Country in quiet ; for , if they should march forward , the blame , even of fortuitous Miscarriages , might be laid to their charge , and an account of such their Misfortunes might be required at their Hands , in a very short time . Lastly , tho they were never so willing to march forward against the Enemy , and so to slight the common Danger , as well as to overlook their own Concerns at Home ; yet they were afraid the Scots would not be obedient to Command in an Enemies Country ; great heed therefore was to be taken , lest , by Emulation , Envy , or late Disgusts , some notable Affront , or shameful Loss , might be received . The Regent , perceiving it in vain to oppose , was fain to yield ; yet , that he might not seem to have acted a Pageantry only , with such vast Preparations in marching his Army , as far as the Solway , he suborned a fit Person , who used to traffick into England , to acquaint Dacres , then Lord Warden of the English Marches , that some good might be done , if he did treat with Iohn the Regent . He willingly hearkned to the Proposal , because he was unprovided for Defence , never imagining , that the Scots would have made an Irruption into England on that side ; nor , indeed , scarce believing , that they would have made any such Attempt at all . Whereupon he sent an Herauld of Arms , and had a Passport to come and go , with safety , into the Camp. The next Day , Thomas Dacres and Thomas Musgrave , with about twenty more brave Cavaliers , came to the Regent's Tent ; where they had private Discourse together , all alone , each having their Interpreters . Dacres , being taken unprovided , was not averse from a Peace ; and the Regent , not being able to effect any thing , without the Consent of his Army , clapt up a Truce ; and thus an hopeful Introduction to a Peace was made , and so they parted . Those of the Scots , who were the greatest Hinderances of the Action , to avert the blame from themselves , spread abroad Reports , that Dacres had bought a Peace from the Regent , for a Sum of Money , of which , Part was in Hand paid , the rest promised , but never paid . Thus they endeavoured to disparage the Conference , amongst the Vulgar . The Regent went again , on the 25 th of October into France , but promised to return before August the First , next ensuing ; yet , he kept not his Day , because he was informed , that the English had a Fleet to intercept his Passage ; however he sent 500 Foot in the Month of Iune , both to incourage the Scots , and also , as an Earnest of his speedy return ; they never saw the Face of an Enemy , in all their Voyage , till they came near the Isle of May , which is scituate in the Firth of Forth , there they fell among the English Ships , who lay in wait , in those Straits , to stop their Passage . There they had a sharp Fight , and the French boarded their Enemies Ships , but with the loss of their Admiral . When he was slain , the Sea-men would not obey the Captains of the Foot , and the Land-Souldiers , being ignorant of Sea-Affairs , could not command the Mariners ; so that , after a great slaughter of the English , they could scarce be forced back into their own Ships . In the absence of the Regent , Thomas Howard , Earl of Surry , was sent , with ten thousand Men , and a great many Voluntiers , into Scotland : His Advantage was , that the Scots were at Discord amongst themselves , their chief Magistrates were absent , and they were under no certain Command , so that he march'd over Merch and Teviotdale , and took the Castles of both Shires , to the great loss of the Nobles , yea , and of the Commons too ( who used upon sudden Invasions to secure themselves , and their Goods , in those Forts . ) But Scotland did then labour with such intestine Discords , that no Man thought his Neighbours Calamity did at all belong to him ; the English march'd up and down , for several Months , where they listed , without any Opposition ; and when , at length , they retreated , the adjacent Scots endeavoured , in some sort , to revenge themselves for their Losses received , and thereupon daily Incursions were made by them into Northumberland , and great Booties gained from thence ; so that Howard was sent against them a second time , who took Iedburgh ( a Town unfortified , as the Scots Custom is , ) but it cost him some toil , and loss of Men. Whilst these Things were acting in Teviotdale , the Horses of the English Army were so terrified in the Night , ( 't is not known , upon what occasion ) that about 500 of them broke their Bridles , running up and down the Camp , and overturning all that were in the way ; some of the Soldiers they trampled down and trod upon ; and then ran out into the open Field , as if they had been mad , and so became a Prey to such of the Country Scots , as could take them up . Hereupon , there was a great Consternation in the whole Camp , all crying out Arm , Arm , neither could the Tumult be appeased , till the next Morning . Three days after , the English , without making any further Attempt , disbanded their Army , and returned Home . The Duke of Albany , knowing , that all the Ports on the French Shore were way-laid , by the English , to intercept him in his Return ; being inferior in Strength , resolv'd to piece it out by Stratagem ; whereupon , he kept not his Navy together in any one Port , but so dispersed them into several Harbours , ( here one Ship , there another ) that there was no appearance at all of any Warlike Preparation : And besides , he quartered his Soldiers in the Inland-Country , that no Body could imagin , he designed to ship them ; so that the Admiral of the English Fleet , who waited to disturb his Passage , till the 13 th of August , was weary to rove up and down in the Sea any longer , to no purpose ; and , understanding by his Spies , that there was neither Fleet , nor Army , on all the French Coasts , he withdrew his Fleet , as supposing , Iohn would not wag , till the next Spring . The Duke of Albany , being informed of the Departure of the English , presently drew together his Navy of 50 Ships , aboard of which were 3000 Foot , and an 100 Curiasiers ; and so , after the Autumnal Aequinox , he set sail from France , and by the 24 th of September made the Isle of Arran in Scotland , which hapned to be the same day , wherein the English burnt Iedburgh . I shew'd before , how miserable the State of Affairs in Scotland was , the last Summer . The Nobles were at variance one with another ; the English wasted all the Countries near them ; they were Masters of the Sea , and thereby all hopes of Foreign Aid were cut off . The Design of the Enemy herein , was , to take down the Pride of the Scot , and , by Sufferings , to incline him to a Pacification ; neither were those Scots that were adverse to the French Faction , less addicted thereto , for they earnestly desired a perpetual Peace with England ; of which Faction , the Queen was the Chief . For when Hume was taken off , Douglas pack'd away , and the other Nobles were judg'd rather fit to follow , than to lead , in the Management of Matters ; all those that were not Favourers of the French Interest , applyed themselves to the Queen . She , on the other side , to gratify her Brother , and also to draw the Power into her own Hands , dissembled her private Ambition , and exhorted them , saying , that now was the time to free their young King , who was almost of Age , from the Bondage of a Stranger ; and also , to deliver themselves from the same Yoke ; for the Queen now laboured to strengthen her Party against her Husband , whom she long before began to disgust : Besides , the King of England sent frequent Letters , stuft with large Promises , to the Nobles of Scotland , desiring them , to promote his Sisters Designs : He told them , it was not his Fault , that there was not a perpetual Amity between the two neighbouring Kingdoms ; and that he , with others , did much desire it at this time ; not for any private end of his own , but to make it appear , that he bore a respect to his Sister's Son , whom he was resolved to support , and gratify , as much as ever he was able . And if the Scots would be persuaded to break their League with France , and to strike in with England , they should quickly find , his aim was not Ambition , but Love and Concord only . That Mary , his only Daughter , being married to Iames , by that Affinity , the Scots would not come over to the Government of the English , but the English to That of the Scots . That Enmities as great as theirs , had intervened betwixt Nations , heretofore , which , yet , by Alliances , mutual Commerce , and interchangeable Kindnesses , had been wholly abolish'd and extinct . Moreover , he reckon'd up the Advantages , or Inconveniencies , which might accrue to either Nation , by this Union with each other , rather than with the French ; as , that they were one People , born in the same Island , brought up under the same Climate , agreeable one to another in their Language , Manners , Laws , Customs , Countenance , Colour , and in the very Lineaments of their Bodies ; so that they seemed rather to be one Nation than two : But as for the French , they differed from them , not only in Climate and Soil , but also in the whole course of their Conversations . Besides , if France were an Enemy , she could do no great damage to Scotland ; and , if a Friend , yet she could not be highly advantageous ; as for the Assistance of England , That was near at Hand ; but French Aid , was much more remote , there was no Passage for it , but by Sea ; and therefore , it might be prevented by Enemies , or else hindered by Storms . They were therfore desired to consider , how inconvenient it was for the management of Affairs , and how unsafe for the Publick , to hang the hopes of their , and the Kingdoms , Safety , upon so unconstant and variable a thing , as a blast of Wind. How much they might expect from absent Friends , against present Dangers , may be easily perceived by the Actions of the last Summer , wherein the Scots not only felt , but even saw with their Eyes , how the English did baffle them , being forsaken by their Friends , and came upon them with all their Strength , ready to devour them ; but the French Aid , so long looked for , was kept back by the English Navy , in their own Harbours . These were the Allegations for a Peace with England : And not a few , being convinced thereby , inclined thereunto ; but Others argued to the contrary , for there were Many in that Assembly , whom the French had brib'd ; and some , who had got great Estates out of the publick Losses , for fear they should lose them , did abhor the thoughts of Peace . There were others , who suspected the readiness and facility of the English , in making such large Promises , especially since matters in England were manag'd , for the most part , at the will and pleasure of Thomas Woolsey , a Cardinal , a Man wicked and ambitious , who referr'd all his Designs to his own private Advantage , and the inlargement of his Power and Authority ; and therefore he accommodated them to every turn of the Wheel of Fortune , as men say . All these did equally favour a League with France , tho induced thereunto on different Grounds . They alleged , that the sudden Liberality of the English was not free and gratuitous , but done out of Design ; and that This was not the first time , that they had us'd such Arts to intrap the unwary Scots . For Edward the First , ( said they ) when he had sworn and obliged himself , by all the Bonds of Law and Equity , to decide the thing in Dispute , and therefore was chosen Arbitrator by the Scots , had , most injuriously , made himself King of Scotland ; and of late Edward the 4 th had betrothed his Daughter Cicely to the Son of Iames the 3 d ; but when the young Lady grew up to be marriageable , and the day of Consummation thereof almost appointed , he took the opportunity of a War , which arose upon the account of our private Discords , and so broke off the Match : And that the English King aim'd at nothing else now , but to cast the tempting bait of Rule before them , that so he might make them really Slaves ; and , when they were destitute of Foreign Aid , might subdue them at his Pleasure , and unawares , with all his force . Neither was that Position a true one , wherein the contrary party did pride themselves , That an Allyance near at hand was better than one farther off ; For causes of Dissension would never be wanting among those which were near ; which were oftentimes produc'd , even by sudden chances ; and sometimes , great Men would promote them , upon every light occasion ; and then the Laws of Concord will be prescrib'd by him , who hath the longest Sword. That there was never such a firm and sacred Bond of Friendship , between Neighbouring Kingdoms , which , upon occasions offer'd , or fought for , was not often violated ; neither could we hope , that the English would more refrain now from violating such a League , than they formerly did , against so many Kings of their own Blood ; 't is true , the Sanctity of Leagues , and the Religion of an Oath for the faithful Performance of Pacts and Agreements are firm Bonds and Ingagements to good Men ; but amongst those which are bad , they are but as so many Snares and Gins , and give only opportunity to deceive ; and such an Opportunity is most visible in a Propinquity of Borders and Habitations , in the Sameness of a Language , and in a Similitude of Conversation . But if all these things were otherwise , yet , ( proceeded they ) there are Two things to be regarded and provided for : First , that we reject not our old Friends , even without an hearing , who have so oft well deserv'd of us . The other , that we do not here spend our time in Quarrels and Disputes , especially about a Business , wherein nothing can be determin'd , but in an Assembly of all the Estates of the Kingdom . Thus stood the Inclinations of those of the French Faction ; and so they obtain'd , that no Determination should be made , till they receiv'd certain News of the French Supplies . When the return of the Regent was made known , it mightily rejoiced his Friends , strengthned the wavering , and kept back many , who favour'd the League with England , from complying with it . He sent his Warlike Provisions up the River Clyde to Glasgoe , and there muster'd his Army ; He also publish'd a Proclamation , that the Nobility should attend him at Edinburgh , where he made an elegant Speech to them , commending their Constancy in maintaining their ancient League , and their Prudence in rejecting the perfidious Promises of the English : He highly extolled the Goodwill , Love , and Liberality of Francis , the French King , towards the Scots ; and exhorted them , to lay aside their private Animosities and Fewds ; and , seeing foreign Aid was come into them , to revenge their Wrongs , and to repress the Insolence of their Enemy , by some notable blow . Hereupon , after his Souldiers had refresh'd themselves , and the Scots Forces had joined them , he marched towards the * Borders , whither he came the 22 d of Octob. But being about to enter England , and having already sent part of his Forces over a Wooden Bridg , which was at Mulross , the Scots made the same Pretences , as they did in the former Expedition at Solway ; and refus'd to enter England , so that he was forc'd to recal that party , which he had commanded over ; and pitching his Tents a little below , on the left side of the Tweed , endeavour'd to storm the Castle of † Werke , scituated over against him , on the right side of the River . In the mean time , the Horse that had pass'd over the River , beset all Passages , that no Relief could come to the Besieged , they als●●aged with Fire and Sword against all the Country thereabou● 〈◊〉 ● he Description of ‖ Werke Castle is this : In the inner Cour● 〈◊〉 , there is a very high Tower , well fortifi'd , it is compass'd with a double Wall ; the outward Wall incloses a large space of Groun●● ( whither the Country-People were wont to fly in time of War , and to bring their Corn and Cattle , with them , for Safeguard ) the inner Wall is narrower , but trench'd round about , and better fort●fi'd with Towers built thereon . The French took the outward Co●rt by Storm , but the English set Fire to the Barns , and the Straw 〈◊〉 was in them , which made such a Smoke and Flame , that they 〈◊〉 them out again . For the next two days , they batter'd the inner Wall with their great Guns ; and after they had made a Brea●h wide enough for Entrance , the French again attempted the matter , and valiantly storm'd at the Breach they had made ; but they in the inner Castle , being yet safe , darted down all sorts of Weapons upon them , and they lay expos'd to every Blow ; so that having lost some few of their Men , they were beat back to their Army , and so returned over the River . The Regent perceiving that the Minds of the Scots were averse from Action ; and also ●earing for certain , that the English were coming against them with a numerous Army ; their own Writers say , no less than 40000 fighting Men ; and besides , that 6000 more were left to defend Berwick , a Neighbour-town : The 11 th of Novemb. he removed his Camp to a Nunnery , called * Eccles , about six Miles distant from his present Encampment ; thence at the 3 d Watch he marched by N●ght to Lauder ; both Horse and Man were much incommoded in their March , by the sudden Fall of a great Snow . The same Storm occasion'd the English also to disband , and return home , without effecting any thing . The rest of the Winter was quiet enough . At Spring , the * Regent , in an Assembly of the Nobles , told them the Causes , why he must needs go again into France , but he promised them to return , before the 1 st of September next following . And moreover , he desired them , that , during his Absence , the King might remain at Sterlin , and that they would make no Peace or Truce with the English , before his Return ; as also , that they would innovate nothing in the Government . They promised him faithfully to obey his Commands ; and thus on the 14 th of May , He , and his Retinue set Sail for France . In his absence , the Reins were let loose , every Man's Will was his Law , and a great deal of havock was made , and Mischief done , without any Punishment at all ; whereupon the King , though but a Child , by the advice of his Mother , and the Earls of Arran , Lennox , Crawford , and many other of the prime Nobility , came from Sterlin to Edinburgh , and on the 29 th of Iuly , by the Counsel of his Nobles , whom he had convened at his Palace of Holy-rood-house , he took upon him the ‖ Government of the Kingdom ; and the next day , caused them all to swear Fealty to him , a second time ; and , to shew that he had actually assumed the Administration of matters into his own Hands , he discharged all publick Officers ; but a few days after he restored them to their places again . There was a great Assembly of the Nobles held on the 20 th Day of August , that so he might * vacate the Power of the Regent , which he had now taken upon himself ; and so went in great Pomp ( as the manner is ) into the publick Hall of the Town ; only the Bishops of St. Andrews and Aberdene dissented , alleging , That they ought to stay till the first of September , at which time the Regent had promis'd to return ; whereupon they were imprison'd . But they reveng'd themselves with their own Church-weapons , and excommunicated all of their Diocesses . However , in about a Month or two after , they were reconcil'd to the King , and restor'd to the same place in his Favour , which they held before . About the same time † Archibald Douglas , who , as I said before , was sent into France , sent Simon Penning , an active Man , and much trusted by him , to the King of England , to persuade him to give him the liberty of returning home through his Dominions , which was granted . For Henry was well enough pleased at the Diminution of the Authority of so active a Person , as the Duke of Albany ; and at the Change which was made in Scotland , so that he entertained the Earl courteously , and dismiss'd him very honourably . But his Return did variously affect the Minds of the Scots : For seeing all publick Business was transacted under the Conduct of the Queen , and the Earl of Arran ; a great part of the Nobility , the Heads whereof were Iohn Stuart Earl of Lennox , and Calen Cambel Earl of Argyle , taking it in great Distaste , that they were not admitted to any part of the publick Administration , received Douglas with high Expressions of Joy , as hoping , by his Aid , either to gain over the Power of the adverse Faction to themselves , or , at least , to abate their Pride . On the other side , the Queen , who , as I said before , was disaffected towards her Husband , was much troubled at his coming , and sought by all means to undermine him . And moreover Hamilton , out of the Relicks of his old Hatred , was none of his Friend ; besides , he fear'd , lest Douglas , who he knew would not be content with a second place , should mount the Saddle , and make him truckle under ; so that he strove to maintain his own Dignity , and opposed him with all his Might . They kept themselves within the Castle of Edinburgh , and tho they knew very well , that many of the Nobility affected Alterations ; yet , trusting to the Strength of the Place , and the Authority of the Kingly Name , ( tho it were but a sorry Defence , in those Circumstances ) they thought themselves secure from Force . ‖ The adverse Party had a great meeting of the Nobles , where they chose Three of their own Party to be Guardians of King and Kingdom , * Archibald Douglas , Earl of Angus ; Iohn Stuart , Earl of Lennox ; and Calen Cambel , Earl of Argyle ; they made great haste in their business : First , they passed the Forth , and caused Iames Beton , a prudent Man , to join with them , who , perceiving the Strength of the Party , durst not resist . From thence they went to Sterlin , and conferr'd all publick Offices and Employments on the Men of their own Faction , only ; and from thence they came to Edinburgh , which they entred without Force , for it was not fortified at all . They cast up a small Trench against the Castle , and besiedg'd it . The Defendants had made no Provision for a Siege , and therefore soon surrendred up both It and Themselves . All but the King were sent away , so that now the whole weight of the Government lay upon the Shoulders of those Three Associates ; who agreed among themselves , That they would manage it by turns , each of them attending four Months apiece on the King. But this Conjunction was not hearty , neither did it last long . Douglas attended the first four Months , who brought the King into the Archbishop of St. Andrews House , and made use of all the Bishop's Houshold stuff , and other Accommodations , as if they had been his own ; ( for he had a little before revolted from their Faction ) and to engage the King to him the more , he suffer'd him to wallow in all kind of Pleasure ; and yet he obtain'd not his End neither , in regard the King 's Domesticks were corrupted by the adverse Faction , headed by the Queen and Hamilton . The first Grudges at Court brake forth , upon the account of distributing Ecclesiastical Preferments ; for the † Douglasses drew all to themselves ; George Creighton was translated to the Bishoprick of Dunkelden : The Abby of Holy Rood in the Suburbs , which was left by him , Douglas gave to his Brother William , who had now for 5 years forcibly held That of Coldingham , about six Miles from Berwick , after the Murder of Robert Blacketer , the former Abbat : For Robert's Cousin-german , had the Abby bestowed on him by the Pope , with the Consent of Iohn , the Regent . He had also commenced a Suit against Iohn Hume , an Intimate of the Earl of Angus's , and Husband to his Sister's Daughter , about the whole ancient Estate of the Blacketers . And therefore Patrick being unable to cope with the Douglasses , suffer'd his Estate to be made a Prey to his Enemies , and reserv'd himself for better times amongst his Mother's Kindred , far from those Counties , which were obnoxious to the Faction of the Douglasses . They , on the other side , though they did not much value Patrick , yet having the Supreme Power in their Hands , and being unwilling to incur the Blot of invading other Mens Rights by mere Force , made use of Friends , to proffer him some kind of Amends and Satisfaction ; he , shewing himself inclinable to an Agreement , even tho he remitted part of his Right , had thereupon a Pass , and the publick Faith given him by Douglas , to come to Edinburgh , which he did , only with a small Retinue , and unarm'd ; and not far from the Gates of the City he was set upon by Iohn Hume , who lay in Ambush for that purpose , and slain . As soon as the Noise of the Fact was spread over the City , many mounted their Horses , and pursued the Murderers some Miles , in order to their apprehension ; but , understanding that George Douglas , Brother to the Earl , was in their Company , and many more of Douglas's Faction , with the Kindred of Hume , not knowing with what intent they came out , whether to catch , or to defend , the Murderers , they desisted from their Pursuit ; whereupon strange Reports were divulged abroad concerning the Douglasses . As for Calen Cambel , he had already withdrawn himself from the Triumvirate ; and the Earl of Lennox , though he followed the King , yet , in regard the Douglasses drew all Offices of publick Advantage to themselves , he gave many Testimonies of his Dislike , and that his Mind was quite alienated from them . But they , being confident of their Power , slighted the Reports and ill-will of others ; mean while , the King , though he were us'd more indulgently than was fit , that so his infirm Spirit might be the longer in Subjection to them ; yet notwithstanding , by little and little , grew weary of their Government , being also alienated from them by his Domesticks , who laid to their charge Actions , some true , some false , and interpreted the doubtful in the worst sense ; whereupon , he held secret Cabals with such as he could trust , concerning vindicating himself into his Freedom and Liberty : Neither was he afraid to open the Secrets of his Heart to Iohn Earl of Lennox , one of his Nobles ; for , besides his other Virtues of Mind and Body , he was an honest and fine-spoken Man , and excellently compos'd to conciliate and win upon Men , by a natural Sweetness of Manners and Deportment : Him he made privy to his Designs ; and whilst they were consulting concerning the Time , Place , and Manner of it's Accomplishment , Douglas was making many Expeditions against the Banditty , but with no great Success ; at length , about the end of Iuly , he resolv'd to carry the King into Teviotdale , as supposing , that his presence would be advantageous , by striking a Terror into the Licentious . Thus an Assembly being held at Iedburgh , the King call'd together all the Heads of the chief Families round about , and commanded them to apprehend those Criminals , every one within his own Precinct , of which he then gave them a List : They willingly and industriously obey'd this Command , so that , the Heads of the Thieves were many of them put to Death , and Others were spared in hopes of Amendment . Thus , whilst the Minds of all were very merry and jocund ; they , who had a design to free the King from the Pupillage of the Douglasses , thought that a good opportunity to effect it , because one * Walter Scot , living not far from Iedburgh , had great Clanships in the Counties thereabouts . The manner of the accomplishing their Project was thus laid ; Walter was to invite the King to his House , and there he was to remain with his own good liking , till greater Forces came in , at the Noise of the thing : But their Design seem'd to be discovered , either by Chance , or upon some private Intimation . Whereupon the King was carried back to Mulross . Yet Walter was not discouraged , but proceeded on strait in his Journy to the King : when he was but a little way off , frightful News were brought to the Douglasses , that Walter was at hand , well-arm'd , and a great Troop of arm'd Men accompanying him . So that there was no doubt to be made , but he , being a factious Man , and withal , good at his Weapon , did intend some Mischief ; insomuch that they all presently ran to their Arms. Douglas , tho inferior in number , yet knowing that the Men he had of his own , were choice ones ; and besides that , he had several valiant Persons of the Family of the Carrs and Humes's in his Train , with Iohn Hume and Andrew Carr their Principals , resolv'd to put it to a Battel : In the very nick of time , George Hume had almost spoil'd all , who , when Douglas commanded him to alight from his Horse , and manage his part in the Fight ; answered , He would not so do ; no , not if the King himself commanded him . They fought eagerly and couragiously on both sides , as Men who had their King ( the price of the Combat ) their Spectator . Iohn Stuart stood near the King , without striking a Stroke , only as a Spectator of the Fight . After a sharp Encounter , Walter was wounded , and then his Men gave ground : but the Joy of the Douglasses Victory was much allayed by the Loss of Andrew Carr , who for his singular Virtues was , equally lamented by both Parties . Upon the account of his being slain , there ensued a perpetual Feud between the Families of the Carrs and the Scots , which was not ended without Blood. From that time forward , Iohn Stuart , who carried himself as a Neuter in the Fight , being afore suspected by the Douglasses , was now accounted their open Enemy , so that he departed from the Court. These things were acted Iuly 23. in the Year 1521. The Douglassians , perceiving themselves subject to the Envy of many , sought to strengthen their Faction by new Acquists ; and therefore they made up the old Breach betwixt them and the Hamiltons , a Family much abounding in Wealth , Power and Number , but remote from Court. Them he admitted into part of the Government . On the other side , ‖ Iohn Stuart had the advantage of being highly favoured by most People ; and having also privately obtain'd the King's Letter to the chief of the Nobility , who , he thought , would have kept his Counsel , he mightily strengthened his Party . And therefore in a Convention of his Faction at Sterlin , where were also present Iames Beton , some other Bishops , and many Heads of the noblest Families ; he openly propounded to them the Design of asserting the King to his Liberty . This was unanimously agreed to , and tho the Day for mustering their Forces was not yet come ; yet , hearing that the Hamiltons were gathered together at Linlithgow to intercept their March , it was judged adviseable to attack them , before they join'd with the Douglasses ; and accordingly with the present Force which he had , he marched directly towards them : But the Hamiltons having Intelligence that Iohn would march out of Sterlin that Day , early in the Morning had called the Douglassians out of Edinburgh , to their Assistance , before . But the King , besides other Obstacles , did somewhat retard them , by pretending himself not well ; so that he rose later out of his Bed that day , than ordinary ; and besides , he march'd very slowly ; and upon the way would often turn aside to ease Nature , as if he had been troubled with a Lask . And when George Douglas had in vain flattered him , to make more haste , at last he brake forth into this menacing Expression , Sir , said he , Rather than our Enemies should take you from us , we will lay hold on your Body ; and if it be rent in pieces , we will be sure to retain one part thereof . Those Words struck a deeper Impression on the King's Mind , than is usual in one of his Age ; insomuch , that when the Douglasses were banish'd many Years after , and he had some Inclination to recal the rest of them , he could not endure to hear any body speak of a Reconciliation with George . The Hamiltons , betwixt fear of their Enemy approaching , and hope of Aid at hand , had set themselves in Array at the Bridg of the River Aven , which is about a Mile from Linlithgoe , they plac'd a small Guard at the Bridg , and the rest of their Forces on the Brow of the Hills , which they knew the Enemy must pass . Lennox , seeing that his Passage over the Bridg was stopp'd , commanded his Men to pass over a small River , a little above , by a Nunnery ( call'd * Manuel ) and so to beat the Hamiltonians from the Hills , before Douglas's Forces had join'd them . The Lennoxians made towards their Enemies thorough thick and thin , as we say ; but by casting down of Stones from the Hills , they were much prejudiced ; and when they came to handy Blows , the Word was given , that the Douglasses were at hand ; and indeed they , from their March , ran in hastily into the Fight , and soon carry'd the Day ; so that ‖ Lennox's Men were grievously wounded and put to flight . The Hamiltonians , especially Iames the Bastard , used their Victory with a great deal of Cruelty ; William Cuningham , Son to the Earl of Glencarn , receiv'd many Wounds , but his Life was saved by the Douglasses his Kinsmen . Iohn Stuart was slain , much lamented by the Earl of Arran , his Uncle ; and also by Douglas himself , but most of all , by the King ; For he had sent Andrew Wood of the Largs , his Favourite , before , ( as soon as ever as he had heard of the Fight , by the clashing of the Armour ) to save Lennox's Life , if possible , but he came , as we say , a day after the Fair. After this Victory , the Douglasses , to keep down the Faction of their Enemies , and make them subject to their Will , proceeded in the Law against those who had taken up Arms against their King , as they phrased it ; so that , for fear of a Trial , many were forc'd to compound with them for Mony ; some put themselves into the Clanship of the Hamiltons ; others , into that of the Douglasses ; but the most obstinate were called to the Bar : Amongst whom was Gilbert Earl of Cassils , who , when he was press'd by Iames Hamilton the Bastard , to shrewd himself under the Protection of the Hamiltons , out of the Greatness of his Spirit made this Answer , That there was an old League of Friendship made between both their Grandfathers ; in which his Grandfather was always named First , as the more honourable . And now he would not so far degenerate from the Dignity of his Family , or the Glory of his Ancestors , as to put himself under the Patronage ( which was but one degree below plain Slavery ) of that Family , whose Chief , in an equal Alliance , was always content with the Second Place . So that when Gilbert was call'd to his Answer at a Day appointed , * Hugh Kennedy , his Kinsman , made Answer for him , That he had not taken up Arms against the King , but for him , for he was commanded by the King to be at that Fight , and , if it were needful , he proffered to produce the King's Letters to that purpose . The Hamiltons were much troubled at his Boldness : For indeed , the King had wrote to Gilbert , when he went from Court , as well as to others , That he should take part with Iohn Stuart . But seeing the Battel was at hand , insomuch that he could have no time to call together his Clanship and Kindred , as he was upon the way , he turn'd aside , with those of his Family that were with him , to Sterlin . The Violence of the Hamiltons was somewhat abated by this Trial , but Iames , the Bastard , burnt with a mortal Hatred against Kennedy ; and a few days after , as he was returning home he caus'd him to be murther'd upon the way , by means of Hugh Cambel Laird of Air. This Hugh , the same day the Murder was committed , ( which he had commanded his Vassals to execute , that so he might avert all Suspition of so horrid a fact from himself ) went to Erskin's House , whose Wife was Sister to Kennedy's Wife ; She , as soon as ever she heard of this cruel Murther , did not cease to upbraid him most grievously therewith , to his very face . Thus the noble Family of the Kennedy's was almost quite extinguished ; the Son of the Earl , after his Father was slain , being but a Child , fled to his Kinsman Archibald Douglas , who was then Lord Treasurer , and put himself and his Family under his Protection ; he lovingly receiv'd him , and such was the great Ingenuity of his promising Years , that he designed him for his Son-in-law . Hugh Cambel was summon'd to appear , but his Crime being manifest , he fled out of the Land Neither did the Douglasses exercise their Revenge and Hatred less fiercely upon Iames Beton , for they led their Forces to St. Andrews , seized upon , pillaged and ruined his Castle , because they counted him the Author of all the Projects the Earl of Lennox had undertaken ; but he himself went under frequent Disguises , because no Man durst entertain him openly , and so escaped . And with the like kind of Dissimulation and Solitude the Queen Herself made her Retirement , that so She might not fall into the Hands of her Husband , whom she hated . At the beginning of the next Spring , Douglas made an Expedition into Liddisdale , where he slew many of the Thieves , falling upon them unawares in their Hutts , before they could gather themselves together for defence ; twelve of them he hang'd up , and twelve more he kept as Hostages ; but because their Fellows did not forbear their old trade of robbing , a few Months after , he put them to Death also . At his Entrance on that Expedition , there hapned a matter very memorable , which , for the Novelty of the thing , I shall not pretermit : There was an Under-Groom , or Helper , belonging to the Stables of Iohn Stuart , of mean Descent , and therefore used in a mean Employment , to dress Horses ; when his Lord and Master was kill'd by the Hamiltons , he wander'd up and down for a time , not knowing what course to take ; at last he took Heart and resolved to attempt a Fact , far superior to the rank and condition , he had been born and brought up in . For he undertook a Journey to Edinburgh , with an intent to revenge the Death of his Lord who was slain ; and there he casually lighted upon a Man of the same Family and Fortune with himself ; he demanded of him , whether he had seen Iames Hamilton the Bastard , in the City ; who answer'd him , he had ; What , said he , Thou ungratefullest of Men , hast thou seen him , and would'st thou not kill him , who slew so good a Master as we Both had ; get thee gone with a witness ; all Misery betide thee . And thereupon he presently hastned on in his designed Voyage , and came directly to Court. There were then in a large Court , which is before the Palace in the Suburbs , about 2000 arm'd Men of Douglasses and Hamilton's Dependants , ready prepared for the Expedition , I spake of before ; he , seeing them , past by all the rest , and fix'd his Eye and Mind on Hamilton only , who was then coming out of the Court-yard in his Cloak without his Armor , when he saw him in a pretty long Gallery , ( and somewhat dark ) which is over the Gate , he flew at him , and gave him six Wounds , one of them almost pierc'd to his Vitals , others of them he pretty well avoided by the Flexure of his Body , and by warding them off with his Cloak which he held before him ; and then the Groom presently mixt himself among the Croud ; immediately a great hubbub was raised , and some of the Hamiltons suspected , that the Douglasses had done so horrid a Fact , out of the relicks of their old Feuds ; so that those two Factions had almost like to go together by the Ears ; at last , when their Fear and Surprise was allay'd , they were all commanded to stand in single ranks , by the Walls which were round about the Court-yard ; there the Murderer was discovered , as yet holding the bloody Knife in his hand . Being demanded , what he was , and whence and for what he came thither ? he made no ready Answer ; upon which he was dragg'd to Prison , and put to the Rack , and then he confess'd immediately , that he had undertaken the Fact , in revenge of his good Lord and Master , and that he was sorry for nothing , but that so famous an Attempt did not take effect ; he was tortur'd a long time , but discover'd no Body , as privy to his Design ; at , last he was condemned and carried up and down the City , and every part of his naked Body was nipp'd with Iron Pinchers red hot ; and yet , neither in his Speech , nor in his Countenance , did he discover the least sense of Pain ; when his right Hand was cut off , he said , that it was punish'd less than it had deserved , for not sufficiently seconding the Dictates of so stout a Spirit . Moreover the same Year , Patrick Hamilton , Son to a Sister of Iohn Duke of Albany , and of a Brother of the Earl of Arran's , her Husband , a young Man of great Judgment and singular Learning , by a Conspiracy of the Priests , was burnt at St. Andrews : And not long after his Suffering , Men were much terrified at the Death of Alexander Cambel , he was of the Order of the Dominicans ; a Man also of good Ingenuity , and accounted one of the most learn'd of all those , who follow'd the Sect of Thomas Aquinas ; Patrick had often Conference with him concerning the meaning of the Holy Scripture , and at last he brought the Man to confess and acknowledg , that almost all the Articles , which were then counted Heterodox , were really true . And yet this Alexander , being more desirous to save his Life , than to hazard it for Truths sake , was persuaded by his Friends to prefer a publick Accusation and Charge against him ; Patrick , being a Man of a zealous Spirit , could not brook this Desire of Vain-glory in the ambitious Man , but brake forth into this Expression openly : O thou vilest of Men , says he , who art convinc'd , that the Tenents which thou now condemneth are most certainly true , and not long since didst confess to me that they were so ; I do therefore cite thee to the Tribunal of the living God. * Alexander was so astonished at that word , that he was never himself from that day forward , and not long after he died in a Fit of Madness . All this time , and for a great part of the Year ensuing , the Douglasses , being severally intent upon other Matters and Concerns , were secure , as to the King's Departure from them ; because they believed , that now his Mind was fully reconciled to them by those Blandishments and immoderate Pleasures they had indulg'd him in . And besides , they thought , if he had a mind to remove , there was no Faction strong enough to oppose them , neither was there any strong Garison , whither to retire , but only Sterlin Castle , which was allotted to the Queen for her Habitation ; but then it was deserted for a time , by the Queen's Officers , when she hid her self for fear of the Douglasses ; and when the Tumult was a little appeased , 't was somewhat fortified , but rather for a Shew , than for any real Defence . * The King having obtained some small Relaxation , saw that this must be his only refuge , and therefore he bargain'd with his Mother privately to exchange that Castle , and the Land adjoyning , for other Lands as convenient for her ; and providing all other Requisites as secretly as he could , the Douglasses not being so intent , as formerly , in their Watch over him , he retired by Night with a few in his Company from * Falkland to Sterlin ; whither he soon sent for some of the Nobles to come to him , and others hearing the News , came in of their own accord ; so that now he seemed sufficiently secured against all Force : There , by the Advice of his Nobles , he published a Proclamation , that the Douglasses should abstain from all Administration of publick Affairs . And moreover , that none of their Kin , by Blood or Marriage , or of their Dependants , should come within twelve Miles of the Court ; he that did otherwise , was to lose his Life . When the Edict was served upon the Douglasses , as they were coming to Sterlin , many were of opinion , that they should go on in their Journey , but the Earl and his Brother George thought it best to obey the Edict . Thus they went back to Linlithgo , resolving to stay there , till they heard some more News from the Court. In the mean time , the King , with great Diligence , sent Messengers , even to the furthest parts of the Kingdom , to call in all the Nobles , who had a Priviledg of voting , to an Assembly at Edinburgh , to be celebrated Septemb. the 3 d. next ensuing . In the Interim , He at Sterlin , and the Douglasses at Edinburgh , gathered Forces about them , but it was rather to defend themselves , than offend one another . At length Iuly the 2 d. the Douglasses departed out of the City , and the King , with his Forces and Banners display'd , enter'd in ; but by the Mediation of Friends , deprecating the King , on their Behalf , Conditions were offer'd to them , which were , That the Earl of Angus should be banished beyond the Spey ; That George his Brother , and Archibald his Uncle , should be kept in hold in the Castle of Edinburgh : If they submitted to these Terms , then there was hopes of the King's Mercy , otherwise not . These Terms being rejected by them , they were commanded , by an Herauld , to attend the Parliament , that was to be held at Edinburgh the 3 d. of Septemb. In the mean time , their publick Offices were taken from them , and Gawin Dunbar , the King's Tutor , was made Chancellor instead of the Earl ; He was a good and a learned Man , but some thought him a little defective in Politicks : and Robert Carncross was made Treasurer in the place of Archibald , one more known for his Wealth than his Virtue . The Douglasses being now driven to their last shifts , endeavoured to seize upon Edinburgh , which was void by the King's Departure , and accordingly they sent Archibald thither , with some Troops of Horse ; their Design was to keep out the King , and so to dissolve the Parliament : But ( on the 7 th of the ‖ Calends of September ) Robert Maxwell , with his Vassals , had , by the King's Command , prevented them , and kept them from entring the City ; yea , the Guards and Sentinels were mounted , and disposed , so carefully in all convenient places , that things were kept there in great Tranquillity , till the Parliament's time of Meeting . Douglas , being disappointed of this hope , retired to his Castle of * Tantallon , about fourteen Miles distant from the City . The same day that the King came out of Sterlin , there fell such mighty Showers of Rain from the Heavens , and the Brooks and Rivers did so overflow their Banks , that the King's Retinue was scatter'd into many parties , so that they came much harassed , and late in the Night , to Edinburgh : They were so mightily batter'd with the Violence of the Storm , that a very few Horse , if they had charged them , might have done them a great deal of Mischief . In that Parliament , the Earl of Angus , George his Brother , Archibald his Uncle , and Alexander Drummond of † Carnock ( their intimate Friend ) were out-lawed , and their Goods confiscate . This Edict or Clause was also added to their Condemnation , that whosoever did harbor them in their Houses , or give them any other Assistance , should incur the same Punishment . That which most of all moved the Court to condemn them , was this , because the King had affirmed upon Oath , That as long as he was in the Power of the Douglasses , he was afraid of his Life ; he also profess'd , that his Fear was heightned , and made a deeper Impression on him , after George had given him such cutting Menaces , before mention'd . There was only one Man found in this Assembly , by name Iohn Bannatine , a Vassal of the Douglasses , who was so bold as to make a publick Protestation against all that was acted against the Earl , because ( as he alleged ) his Non-appearance at the day limitted was occasion'd by his just Fear . A few days after , William , another Brother of the Earl's , Abbat of the Monastery of Holy Rood , died of Sickness , trouble of Mind and Grief , for the present Posture of Affairs . Robert Carncross , one meanly descended , but well monyed , bought that Preferment of the King , who then wanted Mony ; eluding the Law against Simony , by a new kind of Fraud . The Law was , that Ecclesiastical Preferments should not be sold , but he laid a great Wager with the King , that he would not bestow upon him the next Preferment , of that kind , that fell ; and by that means , lost his Wager , but got the Abbacy . Thus the ‖ Douglasses , seeing that all hope of Pardon was cut off , betook themselves to open force , and to the only Comfort they had left , which was in Revenge , for they used great Extremity , and committed all sorts of Outrages upon the Lands of their Enemies ; they burnt * Cousland and † Cranston , and every day skirted by the Gates of Edinburgh , with their Horse ; so that the City was almost besieged , and the Poor were made to suffer for the Offences of the great Ones . During these Hurly Burlies , on the 11th of the Calends of ‖ December . A Ship called the Marina , a brave Vessel in those days and richly laden , by stress of Weather , was forc'd upon the Shore of * Enverwick ; part of the Lading was pillaged by Douglasses Horse , who rang'd up and down in those parts ; the rest was taken away by the Country-men , who were so ignorant of the price of it , that they thought the Cinnamon therein , to be but a low priz'd Bark , and so sold it to make Fire with , yet the whole Envy of the matter fell upon the Douglasses . Upon this change of Affairs , the Tories , who had a long time refrain'd their Depredations , for fear of Punishment , came forth out of their lurking holes , and grievously infested all the circumjacent Countries . And though many Pranks were plaid by others , up and down ; yet all the Murders and Robberies , every where committed , were charg'd upon the score of the Douglasses , by those Courtiers , who thought they humour'd the King by so doing ; that so they might make the name of that Family , otherwise popular , invidious to the vulgar . And in the beginning of Winter , the King march'd to † Tantallon , a Castle of the Douglasses , by the Sea side , to take it in , that so no Refuge might be left for the Exiles ; and that he might take the place with less Labour and Cost , he was supplied with Brass-Guns and Powder from Dunbar . That Castle was distant from ‖ Dunbar six Miles , and it was garison'd by the Souldiers of Iohn the Regent , because it was part of his Patrimony ; he continued the Siege for some days , wherein some of the Besiegers were slain , others wounded ; and some blown up with Gun-Powder ; but none at all of the Besieged were lost , so that he raised his Siege , and * retreated . In his return , David Falkner , who was left behind , with some Foot-Souldiers , to carry back the Brass-Ordnance , was set upon by Douglasses Horse , ( who were sent out to snap up the Stragglers in the Rear ) and slain ; his Death did so inrage the young King , who was incens'd enough before , that he solemnly swore in his Passion , that , as long as he liv'd , the Douglasses should never have the Sentence of their Banishment revoked : And as soon as he came to Edinburgh , to straiten them the more , by the Advice of his Council , he order'd , that a party of Souldiers should be continually kept at † Coldingham , which was to be rather an active , or flying , than a numerous one , to prevent the pillaging of the Country by them . The charge of doing it was commended by the King to Bothwel , one of the greatest Persons , for Authority and Puissance , in Lothian : but he refused the Imployment , either out of Fear of the Power of the Douglasses , which , not long since , all the rest of Scotland was not able to cope with ; or else , because he would not have the Disposition of the young King , who was eager and over-violent of his own accord , to be inur'd to such Cruelty , as totally to destroy so noble a Family : And whereas the King had no great Confidence in the Hamiltons , as being Friends to his Enemies ; and he did also disgust them upon the account of the Slaughter of Iohn Stuart Earl of Lennox ; and besides there being none of the Nobility of the adjacent parts , that had Power or Interest enough for that Service , at last he resolved to send Calen Cambel , with an Army , against the Rebels , a Person living in the furthest parts of the Kingdom , but a prudent Man , of approv'd Valour ; and upon the account of his Justice , very popular . ‖ The Douglassians , when the Hamiltons and the rest of their Friends failed them , were reduced to great straits , so that they were compell'd by Calen and by George chief of the Humes , to retire , like Exiles , into England . * In the Month of October , two eminent Persons came Embassadors from the King of England about a Peace ; which tho earnestly desir'd by both Kings , yet they could scarce find out the way to make it up . For Henry , being about to make War upon Charles the Emperor , was willing to leave all safe behind his back ; and with the same labour to procure the Restitution of the Douglasses . As for Iames , he did much desire to have Tantallon Castle in his Power , but his Mind was very averse to restore the Douglasses ; and for that Reason , the Matter was canvassed to and fro , for some Days , and no Temper for Accommodation could be found out ; but at last , they came to this , That Tantallon Castle should be surrendred to Iames , and a Truce be granted for five Years ; and their other Demands the King was to promise the granting of , under his Signet . The Castle was surrendred accordingly , but the other Demands were not as punctually performed , save only , that Alexander Drummond had leave given him to return home , for Brittain's sake : For , some Months before , Iames Colvill , and Robert Carncross , upon suspicion of their favouring the Douglasses , were removed from Court , and their Offices bestowed on Robert Brittain , who then was in high Favour at Court , and had great Command there . After this , tho Matters were not quite settled abroad , ( for the English had burnt Arn , a Town in Teviotdale , before their Embassadors return'd ) yet the rest of the Year was more quiet ; but the Insolence of the Banditti was not quite suppressed ; whereupon the King caus'd William Cockburn of † Henderland , and Adam Scot , noted Robbers , to be apprehended at Edinburgh , and for a Terror to the rest , he put them to Death . The next Year , in the Month of March , the King sent ‖ Iames Earl of Murray , whom he had made Deputy-Governour of the whole Kingdom , to the Borders , there to have a Meeting with the Earl of Northumberland , in order to settle a Peace , and to treat about mutual Satisfaction for Losses . But a Contention arose betwixt them , about expiating the Murder of Robert Car. The One pleaded , that the Process ought to be form'd in Scotland , according to the Law. The Other would have it in England . In the Interim , each of them sent Messengers to their several Kings , to know their Minds in the Case . On the 17 th of the Calends of * May , there was held a Council of the Nobility , where , after a long Debate , which lasted till Night , 't was concluded , That the Earl of Bothwel , Robert Maxwel , Walter Scot , and Mark Carr should be committed Prisoners to Edinburgh Castle . And that the Earls , and chief Men of Merch and Teviotdale , should be sent Prisoners to other Places ; it being supposed , That they privately scatter'd abroad the Seeds of a War against England . And in Iuly , the King levied about 8000 Men , and marched out against the Robbers ; and that with so much speed , that he quickly pitch'd his Tents by the River † Ewse . Not far from thence , lived one Iohn Armstrong chief of one Faction of the Thieves , who had struck such a Fear to all the neighbouring Parts , that even the English themselves for many Miles about , bought their Peace , by paying him a certain Tribute ; yea , Maxwel was also afraid of his Power ; and therefore endeavoured his Destruction by all possible ways . This Iohn was enticed by the King's Officers to make his Repair to the King , which he did , unarm'd , with about fifty Horse in his Company ; but having forgot to obtain the King's Pass and safe Conduct for his Security , he fell into an Ambush , who brought him to the King , as if he had been taken Prisoner by them ; so that he , and most of his Followers , were trussed up . They , who were the Causers of his Death , gave forth , That he had promised to bring that part of Scotland for some Miles , under the Obedience of the English , if he himself might be well considered for that Service : But , on the other side , the English were glad of his Death , for they were thereby freed of a dangerous Enemy . Six of his surviving Companions , the King kept as Hostages ; but , in regard their Fellows were no way deterred thereby , from committing the like Insolencies , in a few Months they were hanged also . And the King took new Hostages of those who staid at home ; for the Liddisdale Men left their homes , and passed over in Troops to England , making daily Incursions , and great Spoil in the neighbouring Parts . Not long after , the King restor'd the noble Men to their Liberty , having first taken Hostages from them ; Of these , Walter Scot , to gratify the King , killed Robert Iohnston , a noted Tory amongst the Thieves , which bred a deadly Feud between the two Families , to the great loss and prejudice of them both . The next Year , which was 1531 , there happened a matter very memorable , neither did the Obscurity of the Author , nor the Curiosity of the Time , which made a strict Enquiry thereinto , abate any thing of Mens Admiration of the Novelty thereof . One ‖ Iohn Scot , a Man of no Learning , nor of any great Experience in Business , neither had he a subtil Wit of his own to impose Tricks upon Men , being overthrown in a Law-suit , and not having Ability to pay Damages , hid himself some days in the Sanctuary of the Monastery of Holy-Rood-House , without eating or drinking any thing at all . When the thing was known and related to the King , he commanded that his Apparel should be chang'd and diligently search'd , and so caus'd him to be kept apart from all Company in the Castle of Edinburgh , where every Day Bread and Water was set before him , but he voluntarily abstained from all human Food for thirty two days . After that time , as if he had been sufficiently tried , he was brought forth naked into publick view , where , the People flocking about him , he made them a long , but sorry , Speech , in which there was nothing memorable , but that he affirm'd , he was assisted by the Virgin Mary to fast as long as he himself pleased . This Answer , savouring of Simplicity , rather than Craft , he was released from his Imprisonment , and went to Rome , where he was also imprison'd by Pope Clement , until he had fasted long enough to convince him of the Truth of the Miracle : Then they clothed him with the Habit that Priests say Mass in , and bestowed many Presents on him , and gave him a Testimonial under the Leaden-Seal , which is of great Authority amongst the Papists : Whereupon he went to Venice , where he also confirm'd their Belief by his miraculous Fasting ; and , alleging , That he was obliged by a Vow he had made , to visit Ierusalem , he receiv'd of them fifty Ducats of Gold for his Charges on the way . At his Return , he brought back some Leaves of Palm-trees , and a Bag full of Stones , which , he said , were taken out of the Pillar , which Christ was tied to , when he was scourg'd . In his Return , he past through London , and mounted the Pulpit in Paul's Church-yard , and , in a great Audience of People , preached much about the Divorce of King Henry from his Queen , and of his Defection from the See of Rome ; his Words were bitter , and if he had been looked upon of any Repute for Wisdom , he must have eaten them again ; but , being imprisoned for some time , and having wholly abstained from Food for almost fifty days together , he was dismiss'd . When he came back to Scotland , he would have joined himself to one Thomas Doughty , who about that time came from Italy , and had built a Church dedicated to the Virgin Mary , out of the Alms the People had given him , and had got great Gain by his feigned Miracles . But the Life of this Thomas was sufficiently known to be very wicked ; and the Cheats of his pretended Miracles were discovered , yet no Man durst openly gainsay him , for fear of the Bishops , who , by this their new Atlas , sought to prop up the Pile of their Purgatory , then a tottering ; and he , to requite them for their Courtesy , when any of the richer sort of Priests came to the Place , where he was to say Mass , had still one Beggar or other ready at hand , to counterfeit himself mad , or diseased in Body , that so ( forsooth ) by his Massing , he might be recovered and healed . But Thomas rejected Iohn Scot , because he was not willing to admit any other into the Society of his Gain , and thereupon he hired an obscure Cell in the Suburbs of Edinburgh ; and there , having erected an Altar , and furnished it according to his Ability , he set up his own Daughter , who was young , but very beautiful , with Wax-Tapers lighted about her , to be adored , instead of the Virgin Mary . But that way of Gain not answering his Expectation , he returned to his old course of Life , having gain'd nothing by all his preposterous Dissimulation of Sanctity , but to let all Men know , that he wanted not a Will , but Ability rather , to become an errand Cheat. At the beginning of the following Year , which was 1532 , the Earl of Bothwel was committed Prisoner to Edinburgh-Castle , Ianuary 16 , because he had taken a private Journy into England , and there had secret Conference with the Earl of Northumberland . Iohn Sunderland , a Knight , by reason of the great Prudence , Integrity and Authority , which he had amongst all good Men , even beyond his State and Degree , was sent to Hermitage ( a Castle of Liddisdale ) to restrain the Incursions of Thieves and Robbers . Of ancient time , there had been no fix'd Days , nor any set Place , appointed for Matters of Nisi Prius , to be handled by the Judges , until Iohn Duke of Albany had obtained of the Pope , that a yearly Sum of Mony , as much as was sufficient to pay a Salary to a few Judges , should be charged on the Ecclesiastical Order , and 't was to be levied on every one , according to the value of his Benefice : Gawin Dunbar , Bishop of Aberdene , hereupon made his Appeal to the Pope , in the behalf of himself and other Priests . The Controversy held from the 11 th of March to the 24 th of April ; and then there was a College of Judges settled at Edinburgh . At their first Sitting , they devised many advantageous Projects for the equal distribution of Justice , yet the hoped Event did not follow . For seeing in Scotland there are almost no Laws , but Decrees of the Estates , and many of them too made not for perpetuity , but temporary ; and the Judges hinder the enacting of Laws what they can : The Estates of all the Subjects were committed to the Pleasure of fifteen Men , who were to have a perpetual Power , and even a Tyrannical Government , for their Wills were their Laws . In favour of the Pope , they were very severe against the Lutherans ; and the Pope , on the contrary , to gratify a King so well deserving at his Hands , gave him the Tithes of all Parsonages , for the next Year following . This Year , the * English perceived that the State of Affairs in Scotland grew every day more quiet than other ; but yet , that they were destitute of foreign Aid , because they themselves had joined with the French against Charles the Emperor . Hereupon they sought out an occasion for a War. In April they made an Expedition out of Berwick , and spoiled Coldingham , Douglas , and many other neighbouring Towns , and drove away great Booty . They had no apparent Provocation , neither did they denounce War before-hand . How eager they were upon War , appears by that King's Proclamation soon after publish'd , wherein 't was said , that the Garison of Berwick was provoked by some licentious and contumelious Words , which the Scots had let fall . But the Words mentioned in the Proclamation carry no Contumely in them at all . But , this Cause not seeming just enough for a War , they demanded † Canabie , a small Village in the Borders , with a poor Monastery in it , as if it belonged to them , which they never pretended to , before ; and likewise , that the Douglasses might be restor'd . For the King of England perceiving , that his Aid was absolutely necessary to the French King , so that he could by no means want it ; and also knowing , that he had him fast in a League , wherein the Interest of Scotland was not considered ; hereupon , he thought it no hard Matter to bring the Scots to what Conditions he pleased : Moreover , because the Emperor was alienated from him by the Peace with France , and the Divorce with his Aunt ; and the Pope of Rome did raise up Wars amongst all Christian Princes , he thought he should omit a great opportunity at home for innovating of things , if he neglected That : The King of Scots , that he might not be unprovided against this Storm , by a publick Proclamation , made all over the Kingdom , appointed his Brother , the Earl of Murray , to be his Vicegerent ; and because the Borderers of themselves were not able to cope with the English , who had also a great number of Auxiliaries with them , he divided the Kingdom into four Parts , and commanded each of them to send out the ablest Men amongst them with their Clans , and Provision for fourty Days . These Forces , thus succeeding one another by turns , made great Havock in the Towns and Castles in those Parts ; so that the King of England was frustrated in his Expectation , seeing the War was likely to be drawn out in length ; and other Concerns were also to be cared for by him , and therefore he was willing to hearken to a Peace , but would have it fought for at his Hands ; for he thought , it was not for his Honour , either to offer it , or to seek it of himself . And therefore it seem'd most convenient to transact the Matter by the King of France , the common Friend to both Nations . Whereupon the French King sent his Embassador , ‖ Stephen D'Aix , into Scotland , to enquire , by whose Default such a War was commenced between the two Neighbour-Kings . The King of Scots clearly acquitted himself from being any Cause of the War ; he also made a Complaint to him , how long his Ambassadors had been detained in France , without Hearing : And , at the Ambassador's Departure , he sent Letters by him to his Master , desiring him to observe the ancient League , which was renewed by Iohn the Regent at Roan ; he also sent David Beton into France , to answer the Calumnies of the English , and , besides , to treat concerning the keeping of the old League , and to contract a new Affinity between France and Scotland . He also sent Letters , by him , to the Parliament of Paris , very bitter and full of Complaints , concerning those matters , which had been transacted and agreed between Francis their King , and Iohn , Regent of Scotland ; how that ancient Friendships , Pacts and Agreements were slighted in behalf of Those , who were once their common Enemies . His Ambassador Beton was commanded , if he saw that the things , he had in Command , did not succeed well in France , to deliver those Letters to the Council of the Judges , and presently to withdraw himself into Flanders , with an Intent ( as it might be conjectured ) to make a League , Agreement and Affinity , with the Emperor . In the mean time , War was waged in Britain , and Disputes were manag'd at New-castle , concerning the Lawfulness thereof ; when the Embassadors sent from both Nations , could not agree on terms of Peace , Monsieur Guy Flower was sent over by the King of France to compose matters : The Scotish King told him , that he would gratify his Master , as far as ever he was able , and also he had some Communication with him , as much as was seasonable at that time , concerning the conjugal Affinity , about which he had sent Embassadors before , which were then in France . Flory , or Flower , being thus the Umpire for Peace ; the Garisons were withdrawn on both sides from the Borders , and a Truce was made , which was afterwards followed with a Peace : When the Peace was settled , the King having for some Years last past , transacted Business with the King of France , and with the * Emperor by his Embassadors , about a matrimonial Contract , now being freed from other cares , his Thoughts were more intent that way , than ever . For , besides the common causes which might incline him to some potent Alliance , he was thoughtful how to perpetuate his Family by Issue of his Body , he himself being the last Male that was left alive ; insomuch that his next Heirs had already conceived a firm hope in their Minds of the Kingdom , which did not a little trouble Him , who was otherwise suspicious enough of himself : And indeed , things did very much concur to raise them up to that hope ; as for instance , their own domestick Power , the Kings being a Batchelor , his Venturousness in slighting all Danger , so that he would not only stoutly undergo all Hazards , but often court and invite Them ; for with a small party , he would march against the fiercest Thieves , and tho they were superior in number , yet he would either prevent them by his Speed , or else fright them by the Reverence of his Name , and so force them to a Surrender ; he would sit Night and Day on Horse-back in this Employment , and if he did take any Refreshment or Food , 't was that which he lighted on by chance , and but little of that neither . These Circumstances made the † Hamiltons almost confident of the Succession , yet it seem'd to them a long way about to stay for either fortuitous or natural Dangers , and therefore they studied to hasten his Death by Treachery . A fair Opportunity was offer'd them to effect it by his Night-Walkings to his Misses , having but one or two in his Company . But all these things not answering their Expectation , they resolved to cut off the hope of lawful Issue , by hindring his Marriage , what they could ; although Iohn Duke of Albany , when he was Regent , seemed to have made sufficient Provision against that Inconvenience , for when he renewed the ancient League between the French and Scots at ‖ Roan , he had inserted one Article , that Iames should marry Francis's eldest Daughter . But there were two Impediments in the way , which almost broke off , and cut this League asunder . For Francis , being freed out of the Hand of the Spaniard , by the Industry and Diligence principally of Henry the 8 th , had entred into so strict a League with the English , that the Scotish League was much intrenched upon thereby ; and besides , the eldest Daughter of Francis was deceas'd a while before , and therefore Iames desired Magdalen , his next Daughter , to Wife , and sent Embassadors over to that purpose ; but her Father excused the matter , alleging , that his Daughter was of so weak a Constitution of Body , that there was little hopes of Children by her ; no , nor hardly any Likelihood of her Life it self , for any long time . About the same time , there was an Affinity treated of with Charles the Emperor by Embassadors , and at length the 24 th day of April , 1534. The Emperor sent Godscalk Ericus , that the matter might be carry'd with greater Secrecy , from Toledo in Spain , through Ireland , to Iames. After he had declared the Commands , he had in charge from the Emperor , concerning the Wrongs offer'd to his Aunt Catharine and her Daughter , by King Henry ; concerning the calling a general Council ; concerning the rooting out the Sect of the Lutherans ; and concerning contracting an Affinity . The Emperor , by his Letters , gave the King his choice of three Marys , all of them of his Blood ; they were , Mary Sister to Charles , a Widow , * ever since the Death of her Husband Lewis of Hungary , who was slain in Battel by the Turks ; Mary of Portugal the Daughter of his Sister Leonora ; and Mary of England , his Niece by his Aunt Catharine : And because Charles knew , that King Iames was more inclinable to this last Match , he also shewed a greater Propension thereunto , that so he might take off Iames from his valuing of , and adhering to , the League with Francis , and at the same time might set him at ods with Henry . Iames made answer , that the Marriage with England was indeed , in many respects , most advantageous , if it could be obtained , but 't was a Business of uncertain Hope , but of great Danger and Toil , and would be encumber'd with so many Delays , that his single Life , he being the last of his Family , could hardly bear it ; and therefore of all Caesar's Neices , he told Him , that the Daughter of Christiern King of Denmark was most convenient for him , who was begotten upon Isabel , the Sister of Charles . A while after , Charles answered this his Demand from Madrid , that she was already promised to another , and though Caesar by offering Conditions seem'd rather to prolong the matter , than really to bring it to pass , yet the Treaty was not wholly laid aside . Matters being quiet at home , Iames resolved to go a Ship-board to take a View of all his Dominions round about , and to curb the stubborn Spirits of the Islanders , and make them more obedient . † First , he sailed to the Orcades , where he quieted all Disorders , by apprehending and imprisoning a few of the Nobility , he garison'd two Castles there , his Own and the Bishops ; afterwards he visited the rest of the Islands , and sent for the chief Men to come to him ; those that refus'd , he seiz'd by force ; he laid a Tax on them , took Hostages , and carried away with him , those who were most likely to be Incendiaries , and clapping some of his own Train into their Castles , he sent the leading Men of them , some to Edinburgh , and some to Dunbar , Prisoners : For about that time , Iohn Duke of Albany had surrendred up Dunbar to the King , which till then had been kept by a French Garison . In the next Month of August , great Severity was used against the ‖ Lutherans , some were compelled to make a publick Recantation ; others , refusing to appear upon Summons , were banished . Two were burnt , of which one named David Straiton was free enough from Lutheranism , but he was accused thereof , because he was somewhat refractary in Payment of Tithes to the Collectors of them , and so was put to Death only for a supposed Crime . In an Assembly which the King caused to be convened at Iedburgh , in order to the suppressing of the Robbers thereabouts ; Walter Scot was condemned of high Treason , and sent Prisoner to Edinburgh Castle , where he remained , as long as the King lived . The same Month of August , when Francis ( as I said before ) had excused his Daughters Marriage on account of her Health , but withal had offer'd him any other of the Blood Royal : The King sent Embassadors into France , Iames Earl of Murray , Vice-roy of the Kingdom , and William Stuart Bishop of Aberdene ( those Two went by Sea ) and Iohn Erskin by Land , because he had some Commands to deliver to Henry of England by the way . To them be added a Fourth , i. e. Robert Reed , a good Man , and highly prudent . There * Mary of Bourbon , the Daughter of Charles Duke of Vendosme , a Lady of the Blood was offer'd to them , as a fit Wife for their King : Other points were accorded easily enough , but the Embassadors , fearing , that this Marriage would not please their Master , would make no Espousal , till they had acquainted him therewith . In the mean time , Henry of England , to trouble a matter which was upon the point of concluding , in November , sent the Bishop of St. Davids into Scotland , who brought Iames some English Books , containing the Theses's of the Christian Religion , desiring Iames to read them , and diligently to weigh what was written therein ; but he gave them to some of his Courtiers , who were most addicted to the Sacerdotal Order , to inspect : They , before ever they had scarce look'd on them , condemn'd them as Heretical ; and moreover , they highly gratulated the King , that he had not polluted his Eye ( so they phrased it ) with reading such pestiferous † Books . This was the cause of their Embassy , according to common Vogue , yet , some say , that they brought some other secret Messages to Iames : Afterward , the same Bishop ( together with William Howard , Brother to the Duke of Norfolk , ) came so unexpectedly to Sterlin , that they almost surprized the King , before he heard any News of their coming ; their Errand was , that Henry desir'd Iames to appoint a day of Interview , wherein they might confer together , for he had at that meeting things of high Concernment , and of mighty Advantage to both Nations to propound to him : In that Message , he gave great hope , if other matters could be well accorded , that he would bestow his Daughter in Marriage upon him , and leave him King of all Britain after his Decease ; and that he might give more credit to his Promises , he would make him for the present , Duke of York , and Vice-roy of the Kingdom of England . Iames willingly assented to such large and alluring Promises , and accordingly fixt a day for the Interview : But there were two Factions , which resolved to oppose his Journy for England . ‖ First , the Hamiltons , who secretly laboured to keep the King from marrying , that so they being the next Heirs , he might have no Children to exclude them from the Succession . And next , the Priests also were mightily against it ; and their Pretences were seemingly just and honest , as first , the danger he would run , if with a small Retinue he should put himself into the Power of his old Enemy , for then he must comply with his Will , though it were never so much against his Own : They also recited the Examples of his Ancestors , who , either by their own Credulity ; or else by the Perfidiousness of the Enemy , were drawn into a Nouse ; and from flattering Promises of Friendship , had brought home nothing but Ignominy and Loss : They also urg'd the unhappy Mistake of Iames the First , who , in a time of Truce , landing , as he thought , in his Friends Country , was there kept Prisoner eighteen Years ; and , at last , had such Conditions imposed upon him , which he neither lawfully could , nor ought to have accepted ; and then , said they , he was avariciously sold to his own Subjects . Moreover , first Malcolm , after him his Brother William , Kings of Scotland , were brought on the Stage , who were inticed to London by Henry the 2 d. and then carried over into France , to make a shew of assisting in a War there , against the French King , their old Ally . But ( say they ) if it be objected , Henry the 8 th will do none of these things ; they answered first , How shall we be assured of that ? next , Is it not a point of high Imprudence , to venture ones Fortune , Life and Dignity , which are now in ones own Power , into the Hands of another ? Besides , the Priests saw , that all their Concerns were now at stake , and therefore they must , now or never , stand up for them ; in order whereto , they caused Iames Beton , Arch-bishop of St. Andrews , and George Creighton , Bishop of Dunkelden , two old decrepit Men , to come to Court , there to baul it out , That Religion would be betrayed by this Meeting and Interview , even , That Religion , ( said they ) which had been observed so many Ages by their Ancestors ; and which had all along preserved its Defenders , till now ; The Ruin of which would be attended with the total Destruction of the Kingdom , also ; to forsake that Religion , upon every light Grounds , especially in such a time , wherein the whole World doth conspire together , with Arms in their Hands , for its Preservation , could not be done without great Danger at present , and Infamy for future ; yea , it would be a thing of great Wickedness and Impiety also . With these Engines they battered Iames's Mind , which , of it self , was inclined enough to Superstition ; and moreover , they corrupted those Courtiers , who could do most with him , desiring them , in their Names , to promise him a great Sum of Mony ; so that hereby , they wholly turned away his Mind from the Thoughts of an Interview . * Henry took this Disappointment in great Disdain , ( as indeed he had reason so to do ) and thus the Seeds of Dissension were again sown between the two Kings . In the mean time , the King was weary of his single Life , and by reason of foreign Embassies , and his Court-Distractions at home , was variously agitated in his Thoughts ; all pretended the publick Good , but some aimed at their own private Advantage under that Vail , and though many persuaded him to an Affinity with Charles , in regard of the flourishing Estate of the Empire at that time , yet he rather inclined to an Alliance with France . And therefore , seeing the matter could not be ended by Embassadors , he himself resolved to sail over into France , and accordingly , rigging out a small Navy , the best he could fit in so short a time , on the 26 th of Iuly he set Sail from Leith , none knowing whither he would go ; many were of opinion , that his Design was for England , to visit his Uncle , and to ask him pardon for disappointing the Interview , agreed on the Year before . But a Tempest arising , and being also toss'd with contrary Winds , the Pilot ask'd him , what course he should steer ? If there be a necessity , said he , Land me any where but in England : Then his Mind was understood . He might have return'd home , but he was willing rather to sail round Scotland , and to try the Western Ocean ; there also he had very bad Weather , and by the advice of a few of his Domesticks as he was asleep , he was carried back again ; when he was awake , he took the matter in such great Indignation , that for ever after he bore an implacable Hatred against Iames Hamilton , ( whom he also disgusted before , upon the account of the killing the Earl of Lennox ) neither was he well pleased with the rest of the Authors of that Counsel , ever after ; and there were some , who , in compliance with the King 's angry Humour , buzz'd him in the Ears , That the Hamiltons under a pretence of a serviceable Attendance and Duty , had accompany'd him on purpose to undermine his Voyage . However he put to Sea again with a great Train of Nobles , September the 1 st , and in ten days arrived at Diep in Normandy ; from thence , that he might prevent the News of his Arrival , he went disguis'd , and in great speed to the Town of Vendosme , where the Duke then was , and saw his Daughter , which pleased him not , so that he presently made haste to Court ; he came unexpectedly upon Francis and the whole Court , and yet was honourably receiv'd by him ; and on the 26 th of November , almost against his Will , he bestow'd in Marriage his Daughter Magdalene upon him ; For her Father ( as I related before ) judging his eldest Daughter , by reason of her sickly temper , unfit to bear Children , offer'd him his youngest , or any other Woman of the French Nobility , for a Wife : but Iames and Magdalene had contracted a Friendship by Messengers , which was confirmed by the mutual Sight , Meeting and Discourse one with another , so that neither of them could be diverted from their purpose . The Marriage was celebrated Ianuary the 1 st , in the Year 1537 , to the great Joy of all : and they both arrived in Scotland the 28 th of May , being attended by a French Navy . She lived not long after , but died of an Hectick Feaver Iuly the 7 th , to the great Grief of all , except the Priests , for they feared , that her Life would have put an end to their Luxury and Ambition , because they knew , she was educated under the Discipline of her Aunt the Queen of Navar. As for others , they conceiv'd such a Grief for her Death , that then ( as I think ) Mourning Garments began first to be used in Scotland , which yet after forty Years do scarce continue to be worn , though the publick Manners do decline , and seem to require it . Ambassadors were presently sent into France , Cardinal David Beton , and Robert Maxwel , to bring over Mary of the House of Guise , Widow to the Duke of Longoville ; for the King , presaging the Loss of his Wife , had cast his Eye upon her . This same Year , the Earl of Bothwel , because he had past over secretly into England , and also had held private Cabals with the English in Scotland , was banish'd out of England , Scotland and France . Moreover , about the same time , many Persons were accused and condemned for high Treason ; Iohn Forbes , an active young Man , the Head of a great Family and Faction , was brought to his end , it was thought , by the Emulation of the H●ntly's ; for there was one Straughan , a Man fit for any flagitious Enterprize , who was many Years very familiar with Forbes ▪ and was either privy to , or else Partaker or Author of , all his bad Actions : He , being not as much respected by him , as he thought he deserv'd , deserted him , and apply'd himself to his Enemy , Huntly ; and before him , accused Forbes of Treason , or ( as many think ) he there plotted the Accusation , with Huntly himself , against him ) viz. That Forbes , many Years before , had a Design to kill the King. The Crime was not sufficiently prov'd against him , nor by fit and unexceptionable Witnesses , neither was the Plot of his Adversaries the Huntlys against his Life , hid in the Process ; yet , on the 14 th of Iuly , the Judges , who were most of Huntly's Faction , condemn'd him , and he had his Head struck off . His Punishment was the less lamented , because , though Men believed him guiltless , as to the Crime he suffered for ; yet , they counted him worthy of Death , for the Flagitiousness of his former Life . Straughan , the Discoverer , because he had concealed so foul an Offence so long ; was banish'd Scotland , and liv'd many Years after in France , so deboistly and filthily , that Men thought him a fit Instrument for any wicked Prank whatsoever . The King , not long after , as if he had repented of his Severity against Forbes , took another Brother of the Forbes's into his Family , and another he advanced to a rich Match , restoring to them their Estate , which had been confiscate . A few Days after , there was another Trial , which , on the account of the Family of the accused Parties , the Novelty of the Wickedness charged on them , and the heinousness of the Punishment was very lamentable . Ioan Douglas , Sister to the Earl of Angus , and Wife to Iohn Lyons , Lord of Glames ; also her Son , and later Husband , Gilespy Cambel ; Iohn Lyons , Kinsman to her former Husband , and an old Priest , were accused for endeavouring to poison the King. All these , tho they lived continually in the Country , far from Court , and their Friends and Servants could not be brought to witness any thing against them , yet were put on the Rack , to make them confess , and so were condemn'd , and shut up in Edinburgh-Castle . The fifth day after Forbes was executed , Ioan Douglas was burnt alive , with the great Commiseration of all the Spectators : The Nobleness , both of her self and Husband , did much affect the Beholders ; besides , she was in the vigour of her Youth , much commended for her rare Beauty , and , in her very Punishment , she shewed a manlike Fortitude . But that which People were most concern'd for , was , That they thought the Enmity against her Brother , who was banish'd , did her more prejudice than her own ( objected ) Crime : Her Husband endeavoured to escape out of the Castle of Edinburgh , but the Rope being too short , to let him down to the Foot of the Rock , he brake almost all the Bones of his Body in the Fall , and so ended his Days . Their Son , a young Man , and of greater innocent Simplicity , than to have the Suspicion of such a Wickedness justly charged upon him , was shut up Prisoner in the Castle ; and , after the King's Death , was released , and recovered the Estate , which had been taken away from his Parents . Their Accuser was William Lyons ; he afterwards perceiving , that so eminent a Family was like to be ruined by his false Information , repented when it was too late , and confess'd his Offence to the King ; and yet he could not prevail , to prevent the Punishment of the Condemned , or to hinder their Estates from being confiscate . The next Year following , on the 12 th of Iune , * Mary of the House of Guise , arrived at † Balcomy , a Castle belonging to Iames Laird of Lermont ; from whence she was conveyed by Land to St. Andrews ; and there , in a great Assembly of the Nobility , she was married to the King. In the beginning of the Year following , which was 1539 , many Persons were apprehended , as suspected of ‖ Lutheranism : And about the End of February , five were burnt , nine recanted , but many more were banish'd ; amongst the Sufferers of this Class , was * George Buchanan , who , when his Keepers were asleep , made his Escape out of the Window of the Prison , to which he was committed . This Year the Queen brought forth a † Son at St. Andrews ; and the next Year , another in the same Place . Also this Year , and the former , Matters were rather somewhat hushed than fully composed ; some Men wanting rather a Leader , than an Occasion , to rebel : For , tho many desired it , yet no Man durst openly avow himself Head of any Insurrection . And now the King having Heirs to succeed him , and thereby becoming more confident of his Settledness and Establishment , began to slight the Nobility , as a sluggish and unwarlike Generation , and not likely to attempt any thing against him , whose Family was now rivetted and confirmed by Issue-Male : So that he applied his Mind to sumptuous and unnecessary Buildings ; he stood in need of Mony for that Work ; and , in regard he was as Covetous as he was Indigent , both Factions of Nobles and Priests were equally afraid , and each of them indeavoured to avert the Tempest from falling upon them , that it might light on the Other . And therefore , whenever the King complain'd of the Lowness of his Exchequer amongst his Friends , One Party would extol the Riches of the Other , as if it were a Prey ready for the Seisure ; and the King hearkned sometimes to the One , and sometimes to the Other , and so kept both in Suspence , between hope and fear : So that when * Ambassadors came at that time out of England , to Court , to desire the King to give his Uncle a Meeting at York , promising some mighty Advantages by that Interview , and making a large Harangue concerning the Love and Good-will of their King towards him : The Faction , which was adverse to the Priests , persuaded him , by all means , to meet at the Time and Place appointed : When the Sacerdotal Party heard of this , they thought their Order would be quite undone , if they did not hinder the Meeting ; and so disturb the Concord , by casting in Seeds of Discord betwixt the King and his Nobles . And , considering of all ways how to effect it , no Remedy seemed more ready at hand for the present Malady , than to attempt the King's Mind , which was not able to resist Offers of Mony , by the Promises of large Subsidies ; whereupon , they set before his Eyes the Greatness of the Danger , the doubtful and uncertain Credit of an Enemies Promise ; that he might have a great Sum of Mony at home , and more easily procurable . First of all , They promised to give him of their own , 30000 Ducats of Gold , year by year ; and all the rest of their Estates also should be at his Service ; besides , enough to obviate future Emergencies , if any hapned ; and as for those , who rebelled against the Authority of the Pope , and the King 's , and so endeavoured to trouble the Peace of the Church , by new and wicked Errors ; and thereby would subvert all Piety , overthrow the Rights of Magistracy , and cancel Laws of so long standing ; out of their Estates he might get above an hundred thousand Ducats more , yearly , into his Exchequer , by way of Confiscation , if he would permit them to nominate a Lord-Chief-Justice in the Case , because they themselves could not , by Law , sit in Capital Causes to condemn any Man. And that , in the managing the Process against them , there would be no danger , nor any Delay in passing Sentence , seeing so many thousand Men were not afraid to take the Books of the Old and New Testament into their Hands ; to discourse concerning the Power of the Pope ; to contemn the ancient Ceremonies of the Church ; and to detract from that Reverence and Observance , which was due to Religious Persons , consecrated to God's Service . This they urged upon him with such Vehemency , that he appointed them a Judg , according to their own Hearts , and that was ‖ Iames Hamilton , base Brother to the Earl of Arran ; him they had oblig'd by great Gratuities before ; and besides , he was resolv'd to conciliate the King's Favour , ( who long since had been offended with him ) with the Perpetration of some atoning Fact , though never so cruel . About the same time , there came into Scotland , Iames Hamilton , Sheriff of Linlithgoe , and Cousin-German to the former Iames : He , after a long Banishment , when he had commenced a Suit against Iames the Bastard , and had obtained leave to return , for a time , to his own Country ; understanding in what Danger he and the rest of the Favourers of the Reformed Doctrine , were in , sent his Son in a Message to the King , as he was about to pass over into Fife ; and having gotten him opportunely , before he went aboard , he filled his Head , which was naturally suspicious , with fearful Presages , That this Commission granted to Hamilton , would be a Capital Matter , and pernicious to the whole Kingdom , unless he did prevent this Sophistry by another Wile . The King , who was then hastning into Fife , sent the young Man back to Edinburgh to the Court , called the Exchequer-Court , where he also commanded to assemble Iames Lermont , Iames Kircaldy , and Thomas Erskin , of whom one was the Master of the Houshold , the other Lord High Treasurer , neither of them averse from the Reformed Religion ; the Third was highly of the Popish Faction , and his Secretary . These were all ordered to meet : And the King commanded them to give the same Credit to the Messenger , as they would do to himself , if he were present ; and so took the Ring off his Finger , and sent it them as a known Token between them : They laid their Heads together , and apprehended Iames just after he had dined , and had fitted himself for his Journy , and committed him Prisoner to the Castle . But having Intelligence by their Spies at Court , that the King was pacified , and that he would be released , besides the publick Danger , they were afraid also for their particular selves , lest a Man , factious and potent , being released , after he had been provoked by so great an Affront and Ignominy , should afterwards study a cruel and bitter Revenge against them : Whereupon they speedily hastned to Court , and inform'd the King of the Imminency of the Danger , of the naughty Disposition , Fierceness and Power of the Man , all which they augmented , to raise the greater suspicion upon him ; so that they persuaded the King not to suffer so crafty , and withal so puissant , a Person , being also provoked by this late Disgrace , to be set at Liberty , without a legal Trial. Whereupon the King came to Edinburgh , and from thence to Seton , where he caused Iames to be brought to his Trial , and in a Court legally constituted , according to the Custom of the Country , he was condemned , and had his Head struck off , his Body was cut up after his Execution , and his Quarters hanged up in the publick Places of the City . The Crimes objected against him , in behalf of the King , were , That on a certain Day he had broke open the King's Bed-Chamber , and had designed to kill him , and that he had driven on secret Designs with the Douglasses , who were declared publick Enemies . Few were grieved for his Death , ( because of the Wickedness of his former Life ) save only his own Kindred , and the Sacerdotal Order , who had placed all the Hopes of their Fortunes , in a manner , upon his Life only . From that time forward , the King increased in his Suspicions against the Nobility ; and besides , he was exercised with sundry distracting Cares , insomuch that his unquiet Mind was much troubled with Dreams in the Night . There was One more remarkable than the rest , which was much talked of , That in his Sleep , he saw Iames Hamilton , running at him with his drawn Sword , and that he , first , cut off his Right Arm , then his Left , and threatned him shortly to come , and take away his Life , and then disappeared ; when he awoke in a Fright , and pondering many things about the Event of his Dream , at last Word was brought him , that * both of his Sons departed this Life , almost at one and the same moment of Time , one at St. Andrews , and the other at Sterlin . In the mean while , there was not a certain Peace , nor yet an open War , with the King of England , who was alienated , and offended afore ; insomuch , that , without any denunciation of a War , Preys were driven from the Borders of Scotland . Neither would the English , when called upon to make Restitution , give any favourable answer : So that all Men saw , That Henry was in an high Indignation , because of the frustration of the Interview at York . And Iames , tho he knew that War was certainly at hand , and therefore had made Levies for that purpose , and had appointed his Brother the Earl of Murray , to be General of all his Forces , and had also made all necessary Preparation for a Defence , yet he sent an Ambassador to the Enemy , if 't were possible , to compose Matters without Blows : In the mean time , George Gordon was sent to the Borders , with a small Force , to prevent the pillaging Incursions of the Enemy . The English despised the paucity of the Gordonians , and therefore hasten'd to burn Iedburgh . But George Hume , with 500 Horse , interpos'd and charg'd them briskly ; and , after a short Fight , when they saw the Gordons a coming , they were put into a Fright , and so fled away scatteringly , to escape their Enemies ; there were not many slain , but several taken Prisoners . Iames Lermont , who was treating about a Peace at New-Castle , had scarce received his answer ; but , that the War might be carry'd on the more cunningly , he was commanded to return , in company of the English Army : Moreover , Iohn Erskin , and .... were sent Ambassadors from Scotland to meet the said Army at York , where they were detained by Howard , the General , and never dismissed , till they came to Berwick . Iames , being assured by his Spies , before the return of his Ambassadors , of the marching on of the English Army , formed his Camp at Falkirk , about 14 Miles from the Borders , but sent George Gordon before , with ten thousand Men , to prevent the plunderings of the English ; yet , he did nothing considerable , and had not so much as a light Skirmish with the Enemy . The King of Scotland was mighty earnest to give Battel , but the Nobility would not hear of it , by any means ; so that he was full of Wrath , and brake forth in a Rage against them , calling them Cowards , and unworthy of their Ancestors , ever and anon telling them , That seeing he was betrayed by them , he himself and his own Family would do that , which they had cowardly refused to do ; neither could he be appeased , tho they came about him and told him , That he had done enough for his Honour , That he had not only kept the English Army , which was so long time a levying , and that had assaulted Scotland on a sudden , ( and that , with Threats to do great Matters ) from wandring up and down for depredation , but also , for the space of 8 Days , that it remained in Scotland , had so pent them up , that they never marched above a Mile from the Borders ; for after they drew out of Berwick they went as far as * Kelso up against the Stream ; and there being informed of the march of the Scotish Army , they pass'd over the Ford , being so fearful to ingage , that they rush'd into the River scatteringly , and in no order at all ▪ and as every one pass'd over , they left their Colours and hastn'd home , the nearest way they could ; Gordon , in the mean time , who saw this afar off , not stirring at all , nor making any attempt upon them , in their Rear . For which , the King conceived against him an implacable hatred . Maxwel , to appease the King's Anger , as much as he could , promised , if he might have ten thousand Men , to march into England by the Solwa● , and to do some considerable Service ; and he would have been as good as his Word , unless the King , being angry with his Nobles , had given secret Letters , and a Commission , to Oliver Sinclare , Brother to the Laird of Rosselin , which he was not to open till such a prefixt time . The Contents were , That the whole Army should acknowledg him for their General ; Iames's Design therein was , That , if his Army had the better , the Glory of the Victory might not redound to the Nobles . When they were come into their Enemies Countrey , and about 500 English Horse appeared on the Neighbour-Hills , Oliver Sinclare was lifted up on high by those of his Faction , and , leaning upon two Spears , caused the King's Commission to be read ; at which , the whole Army was so offended , and especially Maxwel , that they broke their Ranks and ran in , higly piggly , one among another : Their Enemies , tho accustomed to Wars , yet never hoped for so great an Advantage , when , from the upper Ground , they beheld all things in such a Confusion amongst them , ran in upon them with a great Shout , ( as their manner is ) and so assaulted them as they were in a Fright , and hovering between the design of Flying or Fighting ; and thus Horse , Foot and Baggage were all driven confusedly into the next Marshes , where many were taken by the English , more by the Scotish Moss-Troopers , and sold to the English. When this loss of his Army was brought to the King , who was not far off , he was moved , beyond measure , with Indignation , Anger and Grief , insomuch , that his Mind was distracted Two ways ; sometimes , to take Revenge of the perfidiousness of his own People , ( as he called it ) and sometimes to make Preparation for a new War , and Retrieval of his Affairs . But in that almost desperate state of things , it seemed the best way to make a Truce with the English , and to call back Archibald Douglas , Earl of Angus , on the best Conditions he could . But his Body being worn out with Watching and Fasting , and his Mind overwhelmed with Cares , he dyed , a few Days after , on the 13 th of December , leaving his Daughter , his Heiress , a Child of about five Days old ; he was buried the 19 of Ianuary in the Monastery of Holyrood , near his first Wife Magdalene . In his life-time , his Countenance and the Make of his Body were very Comly , his Stature indifferent Tall , but his Strength , above the Proportion of his Body ; his Wit was sharp , but not sufficiently cultivated with Learning , through the fault of the Times . His Diet was sparing , he seldom drank Wine , he was most patient of Labour , Cold , Heat and Hunger ; he would often sit on Horse-back , Night and Day , in the coldest Winter , that so he might catch the Thieves unawares ; and his Nimbleness struck such fear into them , that they abstained from their ill Pranks , as if he had always been present amongst them : He was so well acquainted with the Customs of his Country , that he would give just Answers concerning weighty Matters , even on the High-way , as he rode on a Journy , with a great deal of Readiness and Prudence : He was of easy Access , even to the poorest . But his great Virtues were almost equalled by as many Vices , yet they had this Alleviation , That they seemed imputable rather to the Time he lived in , than to his own Disposition and Nature . For such an universal Licentiousness had over-run All , that Publick Discipline could not be retrieved , but with a great deal of Severity and Strictness . That which made him so covetous of Money , was , That , when he was under the Tutelage of others , he was educated in great Parsimony , and as soon as ever he came to be of Age , he entered into an empty Palace ; for all his Houshold-Stuff was embezill'd : So that , all the Rooms of his House were to be new-furnish'd , at once ; and his Guardians had expended his own proper Patrimony on those uses , which he wholly disapproved ; besides , the Instructors of him in his Youth , made him more inclinable to Women , because , by that means , they hoped to have him longer under their Tuition . A great part of the Nobility did not much lament his Death , because he had banished some of them , and kept many others in Prison , and many , for fear of his Severity ( a fresh Disgust being now added to their former Contempt ) chose rather to surrender themselves to the English King , their Enemy , than to commit themselves to the Anger of their own King. The Fifteenth BOOK . Mary and Henry Stuart , the CVII th Queen and King. THE King dying in the Flower of his Age , rather of Grief than any Disease ; the Tumults of the former Times were rather hush'd asleep than compos'd , so that wise Men foresaw so great a Tempest impending over Scotland , as they had never heard of the like in ancient Records , nor had themselves seen any like : The King had not so much as ordered his own Domestick Affairs , but had left a Daughter , born about 8 Days before his Death , Heiress to the Crown ; as for those of the Nobility , who had born any sway , either they were kill'd in Battel , or else were banish'd , or taken Prisoners by the Enemy . And if they had been at home , yet , by reason of private Animosities , or of Dissension on the account of Religion , which were stifled out of fear , during the King's Life ; but now , that Restraint being taken off , were likely to break forth , they were at Discord amongst themselves , so that they were not likely to act like sober Men. And besides , they had War abroad against a most Puissant King , and how he would use his Victory , every one spoke severally according to his Hope or Fear . He that was the second Heir , and next to the Crown , as he was not commonly reported to have much of Virtue , even for the management of his private Life , so he was as little noted for Counsel or Valour to manage a Kingdom . As for the Cardinal , he thinking that , in these publick Calamities , he might have an Opportunity to greaten himself , that he might shew himself Some body , both to his own Order , and also to the French Faction , undertook an Attempt both bold and impudent . For he hired Henry Balfore , a Mercenary Priest , to suborn a false Will of the Kings , wherein he himself was nominated to the Supream Authority , with Three of the Potentest of the Nobility , to be his Assessors . He conceived an hope , that his Project would succeed , from the Disposition of the Earl of Arran , which was not turbulent , but rather inclinable to quietness and rest . And besides , he was near of Kin to him , for he was Son to the Cardinal's Aunt : And further , he was one of those Three Persons , who was assum'd into a Partnership in the Government . Moreover , the Opportunity to invade the Supream Power seem'd to require haste , that he might prevent the return of the Prisoners , and of those that were banished , out of England , That so they might have no Hand in conferring of this Honour upon him , for he was afraid of their Power and Popularity ; neither did he doubt , but that their Minds were alienated from him upon the score of a different Religion : That was the Cause , that presently after the King's Death he published the Edict , concerning the chusing of four Governours for the Kingdom . He also bribed some of the Nobles by Promises and Gifts to ingage them to his Faction , and especially the Queen , who was somewhat disaffected to the adverse Party . But Hamilton , the Head of the contrary Faction , was a Man not ambitious , but rather willing to live in quiet , ( as was offer'd him ) if his Kindred would have suffer'd him , but they studying their own Humour and Interest , rather than his Honour , Night and Day puffed up the Mind of the young Gentleman , with strange Hopes , and advised him by no means to let slip so fair an Opportunity put into his Hands , for they had rather have Things all in a Combustion , than to live in a fix'd and private condition of Life . And besides , the Hatred of the Cardinal got them some Friends , and the Indignity of their Bondage under a Mercenary Priest. They had also some appearance of hope , which , tho uncertain in it self , yet was not inefficacious to stir up Mens Endeavours , That seeing Hamilton was the next Heir , many of them entertained such Thoughts as these , That a Female , so few days old , and which was the only Person betwixt him and the Crown , might meet with many Mischances , either casually , or by the fraud of her Supervisors , before she came to be Marriageable . Thus they laid the Foundation of the Greatness of the Hamilton's for a long time after , yet so that it seemed most adviseable to them , not to neglect the Advantage which the present State of Things did offer , and thus to cherish an hope of the future Advancement of the Hamilton's , and if that hope did deceive them , yet it would not be difficult for them to regain the Favour , or at least the Pardon , of a new Princess , who in the beginning of her Reign would study to win the Respects of all Men. Whilst Things were at this pass in Scotland , the King of England , out of his extraordinary Joy for so unexpected a Victory , sent for the chief of the Scotish Prisoners up to London , where after they had been imprison'd in the Tower , two Days ; on St. Thomas day , which was the 20 th of December , they were brought all through the City , where it was the longest , as if they were to be shown as a publick Spectacle to the People , and coming to Whitehal , the King's Court , they were sharply reprov'd by the Chancellor , as Violators of the League ; and after he had made a large Discourse concerning the Goodness and Clemency of his King , who had remitted much of that Rigour of Justice , he might have used towards them , they were distributed into several Families , as to a larger Prison . There were seven of the Nobility , and twenty four of the Gentry , besides . But when the News came three days after , That the King of Scots was dead , and had left one only Daughter , his Heiress . Henry thought it a fit opportunity to conciliate and unite the Minds both of Scots and English in a Band of Concord , by espousing his Son to their Queen . Upon this , he recalled the Prisoners to Court , and imployed some fit Persons to feel their Pulses in the Case , where being kindly entertained , and promising to afford their Assistance towards the Match , as far as they might , without detriment to the Publick , or their own Dishonour ; on the First of Ianuary , at the beginning of the Year 1543 , they were all released and sent back towards Scotland : When they came to Newcastle , and had given Hostages to Thomas Howard Duke of Norfolk , as to other matters , they were free , and so returned home . There returned also with them the Douglas's , two Brothers , being restored to their Country , now fifteen Years after their Banishment . They were all received with the Gratulation of the major part of the People . The Cardinal , who saw that this Storm gathered against him , as making no doubt , but the Prisoners and the Exiles would be both his Contrariants in the Parliament , had taken care to be chosen Regent before their coming , but he injoy'd not that Honour long ; for within a few days , his Fraud , in counterfeiting the King's Will and Testament , being discovered , he was thrown out of his Place , and * Iames Hamilton Earl of Arran made Regent : That which occasioned his setting up , was , because some were willing to curry favour with him , as the next Heir of the Crown ; Others foresaw , so long before , the Cruelty of the Cardinal in matters of Religion , and therefore provided against it , by lessening his Power . Their Fear was increas'd upon this ground , that there was found amongst the King's Papers , after his Death , a List , wherein the Names of above 300 of the Nobility were contained as Criminals , and amongst them , He , now chosen Regent , was first to have been questioned . Whereupon , his Election was very grateful to the most , because it seem'd the most probable Medium to ease the Grievances of many , and to curb the Pride of the Priests . Besides , he himself did willingly read the Books , that contained Controversies about Religion ; and the Quietness and Retirement of his former Life , far remote from Court-Ambition , made many hope , that he would be sober and moderate in his Government . Besides , being out of the Magistracy , he had not yet discovered any Unactiveness or Sluggishness of Mind . In a Parliament which was held in May , † Sir Ralph Sadler came Embassador from England , in order to a Marriage , and setling a Peace ; Some of the Nobility he put in Mind of their Promise ; Others , as Report goes , he tempted with Mony. The Queen , Cardinal , and the whole Faction of Priests , were not only ag●inst this Peace , but , by disturbing some Members and Counsellors , and corrupting others , they would not suffer it so much as to be put to the Vote ; so that , by the general consent of almost the whole Parliament , the Cardinal was confin'd to his Chamber till the Question was put ; when he was removed out of the way , the Agreement was easily made as to the Queen's Marriage , and other Articles and Hostages were promised to Henry , to ratify the Agreement : The Cardinal , at the Instance of the Queen-Mother , was kept in a loose kind of Custody by Seton , who was persuaded , for a certain Sum of Mony , a while after , to let him go . When Peace seemed thus to be setled , to the great Advantage of both Kingdoms , after so great a fear of an imminent War , every Body thought it would be a lasting One ; and therefore the Merchants , who , for some Years before , had been hindred from trading , went thick and threefold to Sea , and laded very many Ships with the best Commodities they could procure , for the time allotted them so to do . Edinburgh sent out twelve Ships ; other Cities of that Circuit ( which is the richest part of Scotland ) rigg'd out Ships , each according to their respective Abilities . This Fleet , in Confidence of the Peace with England , some of them drew nearer the Shores , than they needed to have done , and when the Wind was calm , there they lay at Anchor : Others entred into the Ports , open to the Injuries of the English , if any Tumult of War should arise . About the same time , Iohn Hamilton , Abbat of Pasley , and David Painter , returned out of France . These Men now cast off the Vizard , wherewith before they had disguised themselves for many Years , and returned to their true Manners ; for as if they had been educated not in the School of Piety , but of Profaneness , they were the Ring-leaders at Court , to all manner of Flagitiousness . The Cardinal being restor'd to his Liberty unexpectedly , being also of a proud Disposition , which was aggravated by the affront he had receiv'd , and by the Ignominy accruing on the Detection of his Fraud , sought out all occasions whatsoever , to disturb this Concord . First of all , he communicated the matter to the Queen Dowager ; and they Both took it in great Indignation , That the Douglasses , ( who , for the many Benefits they had received from the English , must needs be their fast Friends , ) should immediately , after so many Years Banishment , be admitted into the Parliament-House , to debate the weightiest Affairs of the Kingdom . Besides , they all jointly feared a Change of the Establish'd Religion , the Consequent whereof must needs be a Breach of the League with France . Hereupon the Cardinal , by the consent of the Queen , summon'd a Convocation of Priests , and extorted from them a great Sum of Mony , as fearing the universal Ruin of the whole Papal Church . Part of this Mony was paid to some of the Nobles of the adverse Party , and many large Promises were made them besides , to persuade them not to give any Hostages to the English ; and as for those , who were newly return'd from their Imprisonment , and had left their Children or Kindred , as Hostages for their Return , he desired them , not to prefer those ( otherwise dear ) Pledges before the Laws , the publick Safety , and their ancient Religion , whose Preservation was turn'd upon this Hinge alone ; and that they would not run willingly into a perpetual Bondage . Besides , he caused the Ecclesiasticks to carry it proudly and disrespectfully towards the English Embassador , insomuch that the very Rabble did reproach and abuse his Retinue , and what he said , or did , was all taken in the worst Sense . But the Embassador resolv'd to bear all Affronts , and to tide it out , till the day , for delivering the Hostages , did approach , that so he might give no occasion of a Rupture on his part . And when that Day was come , he went to the Regent , and complained of the Affronts , which had been offered , not so much to himself , as to his King , whom he represented , and how that the Law of Nations was violated thereby ▪ and moreover , he desired him to give Hostages according to the Tenor of the League newly made , that so the Amity might be kept sacred and inviolate , to the mutual Advantage of both Nations . The Regent , as to the Affronts offered , excused himself , and said , he was sorry for them , and that he would speedily search into the matter , that so the Punishment of such petulant Offenders should be a suffient Testimony of the Love and Veneration he had for the English Nation . But as to Hostages , he answered , that he could not obtain them with the good Will of the States , neither was he able to compel them without publick consent . For the Government which he bore , was such , that he received as much Law as he gave , and therefore all his Measures were disturb'd by the great Sedition , which , he saw , the Cardinal had raised ; that he was , as it were , carried down in the Stream of popular Fury , and could scarce maintain his own Station and Dignity . The new Hostages being thus deny'd , there was another thing as weighty as That , which fell under Debate , and that was , concerning the Nobles lately taken Prisoners of War , who , upon their Releasement , had given Hostages , and made solemn Asseverations , That , if there were not a Peace concluded , as Henry desired , upon just and fair Terms , they would surrender themselves Prisoners again . As for Them , the Cardinal's Faction , and the rest of the Ecclesiastical Order , dealt with them , partly by Reasons , and partly by Examples , not to prefer their Estates , Kindred , Children , or any other thing , which might be dear to them , before the Love of their Country . And moreover he threatned them with Auxiliaries from France , and that all Europe did conspire for the Defence of their ancient Rites and Religion ; and if they acted contrary , they would betray thei● Country , and thereby the Ruin of their ancient Families would be imminent and at hand . They also desired them in so dangerous a time , not to forsake their Country , for if That were safe , they might hope for more Kindred and Children , but if That were overthrown , then all was gone . Moreover , they discoursed much concerning the inexpiable Hatred betwixt the Nations , and of the Cruelty of the King , into whose Hands they were to come , thus blending Truths and Falshoods together . Moreover , they alleged the Decree of the Council of Constance , That all Pacts , Contracts , Promises and Oaths , made with Hereticks , ought to be rescinded and made void . The greatest part of those , who were concerned in this matter , were willing to hearken to any colourable pretence for their Fault , only there was One of them , who , for no pecuniary Consideration whatever , could be persuaded , no nor by any Threats deterred from keeping his Word , and that was † Gilbert Kennedy Earl of Cassils , he had left two of his Brothers , Hostages in England , and he openly profess'd , that neither for Fear nor Favour , he would redeem his own Life with the Loss of his Brothers , but whatever came of it , he would surrender himself back a Prisoner ; and so against the Will of many , he undertook his Journy straight to London . Henry very much commended the resolute Faithfulness of the Young-Man ; and to the intent , that all might know he had an Esteem for Vertue , he richly rewarded him , and sent him back with his two Brothers into Scotland . But Henry's Mind was not more pacified towards Gilbert , than his Anger was implacable against the rest of the Scots ; and thereupon he laid an Embargo upon the Scots Ships in all English Ports and Harbours , of which there were a great Number , as I said before , and so presently denounced War. His Threatnings were great , as against the Violators , not only of Leagues , but even of the Law of Nations . And yet , though Scotland stood in so dangerous a State , the Memory of Alliances , the common Love to their Country , and the respect of the publick Safety , were so far laid aside , that the Brands of Sedition were kindled more fiercely than ever . For the Faction of the Cardinal , and of the Queen Dowager , who were all for the French , sent over Ambassadors thither , to tell them , That unless they sent in Assistance , the Matter was upon the very Point , That England and Scotland would make a Coalition into one Government ; and how such a Conjunction would concern France , the Experience of former Ages had shewn . But they made it their chief Request to the French , that they would send back ‖ Matthew Stuart , Earl of Lennox , into his own Country , who did not only emulate the Family of the Hamiltons , but was also their deadly Enemie , being they had slain his Father at Linlithgoe . This young Man was greatly beloved , not only for his extraordinary Beauty and stately Garb in the very Flower of his Youth , but chiefly upon the account of the memory of his Father , who was so popular a Man , and also because he was a single Man , and the Extinction of such a noble Family , now reduced to a few , was in great Hazard ; besides he had many Clanships at home , and had also Affinity with many other great Families . Furthermore , the former King had design'd him to be his next Heir and Successor , if he himself died without Issue Male ; and he would have confirmed that his Intention by a Decree of the States , ( who have the Sovereign Power to order such publick Affairs ) if his Life had been prolonged . Yea , there were some Flatterers , which did elevate his generous Mind , already rais'd up with the expectation of great things , but not so well fortified against fraudulent Adulation , to larger Hopes ; for , besides the Supreme Rule for about twenty Years , and the Domination over his old Enemies , they promised him , that he should marry the Queen Dowager ; and if the young Queen , who had the Name only of Supreme Governess , should miscarry , then , without doubt , he would be the next King ; and not only so , but also the lawful Heir of Iames Hamilton , lately deceased , seeing the Regent was a Bastard , and was so far from any just expectation of the Kingdom , that he could not lawfully claim the Inheritance of his own Family : Besides , they urged the Promises of the French King , who gave hopes of great Assistance , in due time . When the plain-hearted and credulous young Man was thus persuaded , he provided for his Voyage into Scotland . Hamilton was not ignorant of any of these things ; and to the intent that he might gain an Accession of Strength to his own Party , by the Advice of those Friends whom he most trusted , he resolved to take away the young Queen from Linlithgo , where she yet was under the Power of her Mother ; for if he once got Her , then not only the Shadow of the Royal Name , which is an attractive thing amongst the Vulgar , would be of his Side , but also he should have the Power to bestow her in Marriage , and so make himself Arbiter of the Kingdom , to transfer it whithersoever he pleased , which if he could obtain , then the King of England might be persuaded , if need were , to join with him . This Design was much approved ; but , as is usual in Civil Discords , there are Spies on both sides , who being informed thereof , acquainted the Cardinal therewith : He , gathering together some of the Nobility , whom he had corrupted with Mony , came to Linlithgo , and , to the great Burden of the Inhabitants , staid there some days , as a Guard to the Queen . In the mean time , Lennox arrived out of France , and was kindly received by the Regent , each of them dissembling their Hate ; then he went to Linlithgo ; there he addressed the Cardinal , and then went to his own House , where , in a Meeting of Friends , he discours'd at large , Why he came over , at Whose Command , by Whom sent for , and upon What hopes ; That he was promised , not only the chief Magistracy , but also that the Heads of the Faction , with the Queen Dowager's Consent , had assured him , that he should marry Her : And that , in order to the effecting thereof , the King of France had encouraged him to expect Aid and Assistance from thence : they all assented to his Speech , and advised him not to be wanting to the Occasion , which so freely had offer'd it self ; and thus with above four thousand Men , he came to the Queen . Hamilton , who had levied and mustered his Men , and with his Kinsmen about him , was resolved to issue out of Edinburgh , and break thorow to the Queen , now perceiving that his Forces were too weak , by the Advice of his Friends , and out of his own Disposition also , which was inclinable to Peace , began to treat of an Accommodation : whereupon some prudent Persons were chosen on both sides , who met at the Town of * Liston , almost in the middle way between Edinburgh and Linlithgo : And an Agreement was made betwixt them on these Terms ; That the Queen should be removed to Sterlin , and that Four of the prime Nobility , who had engaged themselves in neither Faction , should be chosen out to inspect her Education : And those were William Graham , Iohn Erskin , Iohn Lindsy , and William Levingston , eminent Persons , and all Heads of illustrious Families . They , by the Consent of both Parties , took the Queen , and entred upon the Road leading to Sterlin , whilst Lennox stood in Arms with his Men , till they had travell'd far enough to be out of any Danger from the contrary Faction ; and not long after , having performed the accustomed Ceremonies , she took on her the Ensigns of Majesty , and began her Reign at Sterlin , August 21. The Regent , perceiving , that the Favour of the Vulgar , by reason of his Inconstancie , was alienated from him ; and that his Forces were inferiour to those of the contrary Faction , began to entertain private Conferences with them under-hand ; and indeed the Cardinal , who was kin to him by the Mothers side , intended only to frighten him , that so he might bring him over to his party , rather than to subdue him by force of Arms : So that having weakned him before , by taking off part of the Nobility from him , by his Largesses ; and thereby rendred him cheaper , and of less Repute amongst the English ; he now , by the Intervention of his familiar Friends , who had more regard to Mony than Love to Truth , compell'd him to an unjust Combination , and persuading him to come to Sterlin , there caused him to recant , and change his Opinion , concerning all the controverted Points of Religion , not openly , that the Infamy of the Fact might be lessened amongst the Vulgar , but in a Convent of the Franciscans , in the Presence of the Queen Dowager and the chief Nobles of the Court ; and for fear of a Suit , which the Cardinal threatned to commence against him , for his whole Estate , he was so obsequious , that he put himself wholly under his Influences , insomuch that he only retained the shadowy Name of a Regent . And by this means , the Cardinal obtained without Envy , what he had coveted by his suborned Will , even to enjoy the advantage of the whole Government , and that by the mean-spiritedness of the Regent , and the Avarice of his Kindred . There seemed but one thing wanting to establish his Power , and that was the Removal of Lennox , who was a great Block in the way of his Designs ; At last , the Queen Dowager and Cardinal fixed upon this Project , That , till an Answer came from France , she should hold the young Man's Mind in Suspence , giving him some hopes of marrying her . For they had written honourably of Lennox to the French King , as indeed they could do no other ; for , next to God , they were indebted to him for restoring them to the Liberty they enjoyed ; but withal they desired him , that seeing Matters were now quieted in Scotland , by that King's Liberality and Assistance , that he would be pleased to maintain the Courtesy he had done them , and to confirm the Peace which he had afforded , by calling Lennox back again . For , without that , things would never long continue in Peace , but one or other of the Factions must be destroyed . Thus they undermined Lennox privately ; but in publick he was entertained with various Divertisements by the Queen and Cardinal , insomuch that the Court loosed the Reins to Luxury and Lasciviousness , and was wholly given up to Plays and Feastings . The Day was spent in Tiltings , and such kind of Manlike Exercises ; the Night in Balls and Dancing . Lennox was inclinable , by Nature , to these Recreations , and was , besides , much accustomed to them in the French Court. But now Iames Hepburn , Earl of Bothwel , started up as his Rival , and somewhat spurr'd up his Mind , almost ready to languish . This Iames was banished by King Iames the Fifth , but presently after his Death , he return'd home , and aspired to the Marriage of the Queen , by the same Arts , as Lennox did ; and indeed the Indowments of Nature and Fortune were very eminent in Both of them , insomuch that they might be said to be rather Like than Equal . Bothwel matched him in other things ; but in these ●udicrous Combats and Feats of Arms , being inferiour to him , he left the Court , and departed to his own House . Lennox , when his Rival was removed , thought now , that all was secure on his part , and thereupon he earnestly press'd , that the Promises made him by the Queen and Cardinal , might be performed : But perceiving at last , that he was fraudulently dealt with , and that Hamilton , his Enemy , was advanc'd by them to Honour , Authority , and the Supreme Power over all Mens Lives and Fortunes , his youthful Mind , which was not accustomed to ill Arts , but judg'd all others like himself , was so inflamed with Anger , that he brake forth into bitter Expressions , and solemnly swore , that he would suffer Want , Banishment , Death , yea any thing whatsoever , than such an Affront to go unrevenged . Hereupon he retired to Dunbarton , wholly bent on Revenge , but , as yet , uncertain what Course to take to accomplish it ; there he received 30000 French Crowns from the King of France , ( who had not yet certainly heard , how Affairs stood in Scotland ) to enable him to strengthen his Party ; That Mony did somewhat relieve his diseased Mind , because it gave him hope that he was not wholly forsaken by the French King. But , being commanded to distribute the Mony by the Advice of the Queen Dowager and the Cardinal , yet he distributed part of it to his own Friends , and part he sent to the Queen . The Cardinal , who had already devoured all that Prey in his Hope , was grievously troubled not only at his Disappointment and Loss , but also at his ( supposed ) Disgrace therein , and therefore he advised the Regent presently to levy an Army , and to march to Glasgow , not doubting , but that he might there surprise Lennox and the Mony together . Their Design was made known to Lennox , and thereupon he speedily levied 10000 Men , and above , all of his Friends and Vassals . That which much facilitated the compleating that Number , was , the Indignation of some of the Nobles , who , at the beginning , out of Love to Religion , and Hatred of the Cardinal , had been the Instruments to advance the Regent to that high Honour ; but now they had chang'd their former Good-will into Hatred , because he had delivered up , and , as much as in him lay , betrayed his best-deserving Friends , with himself , into the Servitude of their most cruel Enemy , without so much as giving them any notice thereof . This Frame of Spirit made a new , and scarce credible , Change in the Scotish Affairs ; so that the Strength of the Parties being intire , only they were headed by other Commanders . Hamilton and his Kin joined themselves to the Queen Dowager and the Cardinal ; but his former Friends sided with Lennox : With those Forces levied on a sudden , Lennox came to Leith , and sent some into Edinburgh , to tell the Cardinal , That he needed not to march to Glasgow to fight him , for he would give him opportunity so to do , any Day when he pleas'd , in the Fields between Leith and Edinburgh ; The Cardinal , who had drawn the Regent to his Party , imagined , that the Power of the adverse Party was so weakned thereby , that he hoped none durst look him in the Face ; now , unexpectedly , seeing himself challenged by a greater Army than he had to defend him , in words did not refuse the Combate , but only deferr'd the Day of Fight upon several Pretences and Interposals ; well knowing , that Lennox could not long keep an Army together , consisting of Volunteers , without Pay or Provision made for any long time ; in the mean time , he endeavoured by Intreaties and Promises , to work over the Minds of those , who were most inclinable , to his Party . Lennox , seeing that the Design was to lengthen out the War , and by no means to hazard a Fight ; and being in no posture to begin a Siege , for want of Conveniencies necessary thereto ; and also perceiving , that some of his Men had secret Conferences , by Night , with the Enemy : To deliver himself out of these Straits , ( his Friends , who had made secret Provision for themselves , urging him also thereunto ) was forced to capitulate with the Regent . And thereupon he went to Edinburgh to him , and they transacted Matters some Days together , as if they had forgot their old Hatred and Animosity . At length , when he came to Linlithgo , Lennox was advised by his Friends , that some hidden Mischief was brewing against him ; so that , in the Night-time , he went privily to Glasgow , and having fortified the Bishop's Castle with a Garison , and Sufficiency of Provisions , he went to Dunbarton ; there he received more certain Information , That the Douglasses and the Hamiltons were agreed . And because some Suspicions and Relicks of old Grudges were left betwixt the Factions ; George Douglas and Alexander Cuningham were given as Hostages , the one for the Father , the other for the Brother , though this was done for a pretence and disguise of a firmer Concord , and a Promise made , that they should speedily be released , yet notwithstanding they were detain'd till the coming in of the English Army . For the Hamiltons never thought themselves secure , until those Nobles , who had any Interest or Courage , were removed ; that so , by the Terror of their Punishment , others might be restrained from Risings . Besides , about the same time , Lennox was informed , that the King of France was alienated from him , by the malicious Practices of his Enemies . In the mean time , Archibald Douglas Earl of Angus , and Robert Maxwel , Chief of a noble Family , came to Glasgow , to accommodate Matters ( if it were possible ) between the Regent and Lennox ; But the Regent's Council persuaded him , to apprehend the very Mediators for Peace ; and thus , by a back-way , to avoid the Tumult of the People , they were carried out , and sent Prisoners to Hamilton Castle . In this posture of Affairs in Scotland , when not only the English , but the Chief of the Scots also , were angry with the Regent ; Henry of England thought it a fit opportunity for him , to punish the Violators , not only of the League , but of the Law of Nations too ; yet , before he would attack the Scots by force , he sent Letters , full of just Complaints and Threats , to Edinburgh , blaming them for refusing his Alliance , which he had so freely and generously offer'd , so arrogantly as they did ; yea , that they had not only rejected that Alliance , but , though he had been kind to them , they scattered the Seeds of War , and had enforc'd him to arm against his Will. These Letters did no good , whereupon he caused those Naval Forces , which he had ready , with the first opportunity , to waft over against the Boulognois , to set Sail for Scotland , and to infest Edinburgh and Leith , ( both which Towns had most affronted his Ambassadors ) and the Country round about them , with the Miseries of War. The Ships , arriving there , landed ten thousand Foot , May the 4 th , a little above Leith , who , without any Resistance , enter the Town ; for most of the Towns-men were absent , upon the account of Merchandizing . The King and Cardinal , being then at Edinburgh , and unprovided of all things , knew not what to do , but were so surprized , that they presently set at Liberty those four eminent Persons , which they had in durance , ( as aforesaid ) not for any regard to the publick Safety , but partly fearing , lest otherwise their Kinsmen and Tenants should refuse to fight , if not join themselves to the Enemy ; and partly also , that they might redeem the Good-will of the People , who , they knew , were alienated from them , upon many accounts ; but they , not daring to commit themselves to the Hatred of the Citizens , and of their Enemies too , fled to Linlithgo . The English staid three days at Leith to land their Ordnance and Baggage , and so prepar'd themselves for the Encounter . Having setled other matters , they march to Edinburgh , pillag'd and burnt the City , and then disperst themselves to spoil the neighbouring Parts , they ruin'd many Villages , with some Castles and Seats of Noblemen . From Edinburgh they return'd to Leith , and having a fair Wind , set fire to the Houses , and hoist Sail , and away . About that Time , Lennox was certainly inform'd , That Francis , King of France , was wholly alienated from him . For the contrary Faction , by their frequent Letters and Messages , had persuaded him , That 't was Lennox alone , who , by reason of his old Enmity against his Fathers Enemies , did hinder the publick Concord of all Scotland ; and that he was the Head of the Faction against the Regent , and a Favourer of the English , and one who did rather indulge his own private Animosities , than promote the common Cause ; and that if the King would recal him into France , Peace would easily be made up amongst the rest . When Lennox had received Intelligence , by his Friends , what his Enemies had inform'd against him , he also writ to Francis , informing him , in what case he found the Affairs of Scotland ; and how he , and his Friends , had , with a great deal of pains , vindicated both Queens to their Liberty , and had put them into a posture and capacity to rule , having broken the Power of the adverse Party ; and , out of a turbulent Tempest , had brought things to a great Tranquillity , and that nothing would be more acceptable to him , than to return into France , where he had lived well nigh longer than in Scotland , and so to enjoy the sweet Society of his beloved Friends : But that he returned into his own Country , not of his own accord , but sent by the King , and that he had done nothing there , whereof his Majesty or himself need to be ashamed ; and , if he would not abridge him of his former Favour , he would shortly answer , yea , perhaps , exceed , the hope he had conceived of him ; but , if he should call him away , in the midst of the carreer of his Designs , then he must not only leave the Things , he had so excellently began , unfinish'd , but also expose his Friends , Kindred , and Vassals , whom he had engaged in the publick Cause , and who had been almost worn out with toil and labour , to Servitude and Torment , under an impious and cruel Tyrant ; who , as much as in him was , had sold both Queen and Kingdom to the Enemy ; and , who observed the Pacts and Promises , he made to Men , no more religiously than he did the Duties of Piety towards God ; for , within a few Years , he had changed his Religion Three times : neither was it to be wonder'd at in him , who looked upon Oaths and Promises , not as Bonds obliging to Faithfulness , but as lurking holes to hide Perfidiousness . And therefore , he moved earnestly , That the King , and those of his Council , would consider , whether , in so great an Affair , They would believe him , all whose Ancestors had devoted themselves , their Lives , Honours and Fortunes , for the increase of his Greatness ; and who , indeed , had been honoured and rewarded by him with many Benefits , which yet were rather Testimonies of their good Acceptance , than just Rewards and Compensations of their Labours ; or else a Man , who would change his Friends and Foes , at the blast of every Wind , and who depended on the Arbitrement of Fortune alone . Though many were not ignorant , that his Allegations were true , yet the French King was so influenc'd by the Guise's , the Queen Dowager's Father and Unkle ; and , who , in all things , endeavoured to promote her Concerns , that his Heart and Ear were both shut against Lennox's Request , insomuch , that he would not permit Iohn Cambel , a Man of approved Virtue , sent by Lennox , to have Audience , or , so much as to come into his Presence , but kept him in the nature of a Prisoner , and had Spies set upon him to watch him , that so he might not write back any thing of the Designs agitated in the French Court ; yet notwithstanding this their Caution , there were some who told him all . When Lennox heard this , by the Dispatches which were sent him , his troubled Mind was variously hurried betwixt Anger and Shame ; he was ashamed to leave his Enterprize which he had begun , unfinished ; and the rather , because , he thought , that he was not able to satisfy the Love of his Friends and Kindred , whom he had drawn , with him , into the same Danger , but by the Sacrifice of his Life . As for the rest , his Anger was highly inflamed , especially against the Queen-Dowager and the Cardinal , by whose perfidious Contumely , he was cast into these Straits ; but , he was chiefly offended with the King of France , complaining , that he had brought him upon the Stage , and now in the midst of his Acting , had forsaken him , and joined himself with his Enemies . Whilst his Thoughts thus fluctuated , not knowing where to fix , News was brought him , That all the Inhabitants on this side Mount * Grantzbain , who were able to bear Arms , were commanded , by Proclamation , by such a Day , to appear at Sterlin , and to bring ten Days Provision along with them , that they might be ready to march , whithersoever the Regent should command them , whither , accordingly they came at the Day appointed , and the Regent marched them to Glasgow . There he besieged the Castle ten Days , and battered it with his Brass-Guns , but in vain ; yet at last a Truce was granted for a Day , and the Guards tampered with , so that the Castle was surrendered , upon Quarter , and Indemnity to the Garison-Souldiers ; yet , notwithstanding , all of them but One or Two , were put to Death . In the mean time , Lennox , being forsaken by the French King , and also cut off from any hope of other Aid , made trial , by his Friends , how the King of England stood affected towards him ; and finding it fair Weather there , he resolv'd for England : but , before he went , he had a great Mind to perform some notable Exploit against the Hamiltons ; and , communicating his Design to William Cuningham , Earl of Glencarn , They two , at a Day appointed , with their Tenants and Adherents , resolved to meet at Glasgow , and from thence to make an inroad into the County of Clydsdale , which , almost all , belonged to the Hamiltons . When the Regent heard of this , he resolved to be before-hand with them , and so to seize upon Glasgow , and thereby prevent the place of meeting ; but Cuningham , with a great Party of his Men , were entered the Town before , and there expected the coming of Lennox ; but , hearing of Hamilton's coming , and of his Design , he drew out his Men into the Fields adjoining , and according to the number of those he had , set them in array , there were about 800 of them , part of his own Clanship , and part of the Citizens of Glasgow , which favoured his Cause ; and thus , with greater Courage than Force , he joined Battel and fought so valiantly , that he beat the first Rank of the Enemy back upon the second ; and took the Brass-pieces they had brought with them . But whilst the Fight was hot about the Regent's Quarter , and the Matter was in great Hazard there , on a sudden , Robert Boyd , a valiant and brave Man , came in with a small Party of Horse , and thrust himself into the midst of the Fight , where the hottest Service was : He occasioned a greater Fear and Trepidation , than so small a number need to have done ; for both Armies believed , that great Assistance was come into the Hamiltons . This Mistake quite changed the fortune of the Day , whilst one thought the assistance was come into his Party , the other to his Enemies . There were slain , in the Battel , about 300 on both sides ; the greatest part was of the Cunningham's , and amongst them two Sons of the Earl's , gallant Men , both : Neither was the Victory unbloody to the Hamiltons , for they lost considerable Persons on their side too . But the greatest Mischief fell upon the Inhabitants of Glasgow , for the Enemy , not contented with the Blood of the Towns-men which they had killed , nor with the Miseries of those , who survived ; nor yet with the Plunder of their Houses , they also took away the Valves and Shutters of their Gates and Windows , and their Iron-Bars ; neither did they forbear any kind of Calamity , but only the firing of their Houses , which were so torn and deformed before . The Event of this Battel wrought a great change in Mens Minds , so that Lennox's Friends and Kinsmen refused to commit the Matter to the Hazard of a second Encounter ; not so much , because their Enemies Force was increased , and theirs lessened ; nor that , because , having lost so many valiant Men , they could not speedily gather together a new supply from places so remote ; as , that they were unwilling to give any new Provocation to Hamilton , or , by too much Obstinacy , to offend him , under whose Government , they knew , they must shortly come . Lennox , being thus deserted by the French , and the greatest part of the Scots too , made George Sterlin Governour of the Castle of Dunbarton ; and he himself , with a few in his Company , sailed for England , against the advice of his best Friends , who were willing , he should have stayed some Months , in that impregnable Castle , and so waited for a change of Affairs , which , they did not doubt , but shortly would come to pass . But he was resolved for England , where he was honourably received by the King , who , besides his other Respects , gave him Margaret Douglas in Marriage ; she was Sister to Iames , last King of Scotland , begot by the Earl of Angus , upon the Sister of Henry King of England , a Lady in the Flower of her Age , of great Comeliness and Beauty . In the mean time , the Queen-Dowager received into her Protection That Scotish Faction , which , by the Departure of Lennox , was left without an Head , and which did obstinately refuse to come under the Power of Hamilton , ( whose Levity they knew before , and now feared his Cruelty ) for she was afraid , that they might be inrag'd in such an hurry of Things , and so desperately ingage in some new Commotion . The Hamiltons were glad at the departure of so potent an Enemy , but yet not satisfied with the Punishments already inflicted , they used their Prosperity very intemperately : For , in the next Convention held at Linlithgo , they condemned him , and his Friends ; confiscated their Goods , and banished them the Land. A great Sum of Money was raised out of the Fines of those , who redeemed their Estates out of the Exchequer , but not without great Disgust , and the high Offence of all good Men. In the midst of these Domestick Seditions , The English entred Scotland , and committed great Spoil and Desolation on Iedburgh , Kelso , and the Country thereabout ; from thence they went to Coldingham , where they fortified the Church and the Tower , as well as they could for the time , by making Works and leaving a Garison , and so departed : And the Garison-Souldiers made great havock in all the adjacent parts ; partly , out of a greediness for Plunder ; and partly , that the Country thereabouts might not afford Provisions to the Enemy , when they besieged them . Hereupon , they , who ruled the Roast in Scotland , the Queen-Dowager , Cardinal , and Regent , by the advice of the Council , sent forth a Proclamation , That the Nobles , and the most discreet and ablest of the Commons , should come in armed , with eight Days Provision , to march whither the Regent led them . In a short time , about 8000 met together , and in a very sharp Winter too , who , having battered the Tower of the Church of Coldingham with their great Guns , stood in their Arms all that Day and Night , to the great wearying of Horse and Man. The Day after , the Regent , either out of Tenderness and Inability to indure Military Toil , or fearing the Invasion of the Enemy , ( for he was informed from Berwick , a Neighbour-Town , that the English were upon their March ) unknown to his Nobles , and with but a few in Company , mounted on Horse back , and with full speed fled back to Dunbar . They , who endeavour to excuse the baseness of this Flight , say , that he was afraid , lest his Army ( out of Hate preconceived on many former Accounts ) would have given him up to the English. His Departure made a great Disturbance in the whole Army , and the rather , because the Cause of his Flight was unknown , and therefore many thought , that 't was the more considerable , and that they had greater Reason to fear . Hereupon some were obstinately resolved to run home , the nearest way they could , and leave their Guns behind them ; Others , who would seem a little more provident and stout , were for overcharging them , that so they might break in pieces at a Discharge , and become useless to the Enemy . But Archibald Earl of Angus withstood them all , telling them , that they should not add so foul an Offence to their base Flight ; but not being able to retain them , either by his Authority or Entreaty , he burst out into these Words , with a loud Voice , so that many might hear him : As for me , said he , I had rather chuse a noble Death , than to enjoy my Life , tho opulent and secure , after the admission of so foul a Fact : You , my Friends and Fellow-Soldiers , consider what you will do ; as for me , I will bring back these Guns , or else I will never return back hence alive , my Honour and my Life shall go together . This Speech affected some Few , whose Honour was dearer to them than their Lives , but the rest was so disheartened by the shameful Flight of the Regent , that they broke their Ranks , and went every one scatteringly home . Douglas sent the Guns before , and he , with his Party , followed in good Order in the Rear , and tho he was prest upon by the English Horse , ( whom the Tumult had excited ) yet he brought the Ordnance safe to Dunbar . This Expedition , rashly undertaken , and as basely performed , discouraged abundance of the Scots , and raised up the English to an intolerable height ; as drawing the Cowardise of the Regent to Their Praise . And therefore Ralph Evers and Brian Laiton , two brave English Cavaleers , overran all Merce , Teviot , and Lauderdale , without any Resistance , and made the Inhabitants of those Countries submit themselves , and if any were refractory , they wasted their Lands , and made their Habitations desolate ; yea , the undisturbed course of their Victories made them so resolute and insolent , that they propounded the Bay of Forth to be the Boundary of their Conquest . And with this hope they went to London , and crav'd a Reward from Henry for their good Service : Their Petition was referred to the Council ; and in debate thereof , Thomas Howard Duke of Norfolk , who had made many Expeditions against the Scots , and had done them much Mischief , understanding , that , in that troublesom Posture of Affairs in Scotland , it was no hard Matter to over-run naked and unguarded Countries , and to compel the Commonalty , when they had no other Refuge , to take an Oath of Fealty to them ; and withal knowing the constancy of the Scots , in maintaining their Country , and their Resolution in recovering it , when lost ; upon these Considerations , 't is reported , that he advised the King , to give them all the Land , which they could win by the Sword , and also to allow them a small Force to defend it , till the Scots therein were inured to the English Government . This Gift they willingly receiv'd , and the King as willingly gave , upon which , their vain boasting being as vainly requited , they return'd joyfully to the Borders , having obtain'd 3000 Souldiers in pay , besides the Borderers , who are wont to serve without any Military Stipend . Their return mightily disturb'd all the Borderers , because they had no hopes of any help from the Regent , in regard he was influenc'd in all his Counsels by a Priest , especially by the Cardinal . Hereupon , Archibald Earl of Angus being much affected with the Publick disgrace , and also concerned upon the Account of his own private Losses , ( for he had large and fruitful Possessions in Merch and Teviotdale ) sent to the Regent to prevent it . The Regent deplor'd his own solitude , and complain'd , how he was deserted by the Nobility . Douglas told him , it was his own , not the Nobilities fault , for they were willing to spend their Lives and Fortunes for the good of the Publick , but he had slighted their Advice , and was wholly govern'd by a few sorry Priests , who were Cowardly abroad and Seditious at home , for they , being exempted from danger themselves , did abusively spend the Fruits of other Mens Labours on their own Pleasures . This ( said he ) is the Fountain , from whence Suspicions arise betwixt you and the Nobles , which , in regard you cannot trust one another , is a great hindrance to the publick Service . But if you will communicate Counsels with them , who will not refuse to spend their Lives in executing what shall be resolved upon , I do not despair , but we may yet perform as noble Exploits as any of our Ancestors did , in Times equally , or , at least , not much less troublesome , than the Days we now live in . But if , by our own Slothfulness , we suffer the Enemy to conquer by piece-meal , he will quickly force us to a Surrender or a Banishment , and which of the Two is more miserable and flagitious can hardly be determined . As for us Two , I know , that I am accused by my Enemies of Treachery , and You of Cowardise . But if you would do that speedily , which you are not able to avoid , 't is not a fine-spun Oration , but the Field and Dint of Sword , shall wipe off both these Criminations . The Regent told him , that he would be wholly guided by him and the Nobles , whereupon a Council was summoned about an Expedition , and by their advice a Proclamation was set forth to all the Neighbouring-Countries ; That all the Nobility therein should , with all the speed they could , repair to the Regent wheresoever he should be ; and they the Day after , with their present Force , which were not above 300 Horse , march'd for England . There came into them some of the Lothianers and Merch-men , but not very many , so that when they came to Mulross , upon Tweed , they resolv'd to stay there , till more Force came up to them ; but the English , who were already come as far as Iedburgh , being inform'd by their Spies of the Paucity of the Enemy , march'd with about 5000 Men out of Iedburgh , directly towards Mulross , not doubting , but that they should surprize the Regent , and his Party unawares , being but few , and they also tyred with their March. But the Scots , being informed by their Scouts of the coming of the English , withdrew themselves unto the next Hills , from thence , in Safety , to behold what Course the Enemy would take . The English , being thus disappointed of their hope , wander'd up and down in the Town and Monastery of Monks , which were pillag'd a little before , being intent upon what prey they could find , and there they staid , until break of day . Assoon as 't was light , they were returning to Iedburgh , and the Scots , having receiv'd a supply of almost 300 of the Blades of Fife , under the Command of Norman Lesly , Son to the Earl of Rothes , ( a young Man , for all Accomplishments hardly to be match'd again in Scotland ) grew thereby more incouraged , and so with a slow March , they retired to the Hills , which are about the Town of Ancram : There Walter Scot , ( of whom mention is made before , ) an active and prudent Person came in to them with but a few in his Company , excusing the Straitness of time , and telling them , that his whole Party would be speedily with them : His advice was , that they should send their Horse unto the next Hill , and so all of them run equal Hazard on foot , and wait for the Enemy on the low ground , for he did not doubt , but that their Servants , carrying up their Horse to the higher ground , would make the English believe , that they were running away , and that would occasion them to hasten their March. And accordingly , lest the Scots should get off without fighting , and be again to be sought out with a great deal of Pains ; before the Night came , the English march'd up to them in three Battalions ; for they * hoped to end the Business with one light Skirmish , and because their hopes were such , each one exhorted his Fellow to make haste , though they had continued their March Night and Day before , under their heavy Arms , that so by a short Toil they might get long Rest , Renown and Glory ; These Exhortations added to their Courage , as much as the Toil of the March abated their Strength , so that their two first Battalions fell in amongst the Scots , who were prepared for the Onset , as into an Ambush , yet trusting to their number , they stood to their Arms and fought stoutly . But two things ( wisely foreseen ) were a great help to the Scots , for both the Sun was almost at West , and darted with his full Beams in the Faces of the Enemy ; and also the Wind , which was somewhat high , carried back the Smoke of the Gunpowder upon the Battalions behind , insomuch that they could not see their way ; and besides , whilst they were panting , by reason of their March , it mightily troubled them with its noisom Smell : The first Battalion of the English fell back upon the second , the second on the third , where , by their Intermixtures one with another , and the pressing of the Scots upon them , they all brake their Ranks and were driven back , so that all were so full of Fear and Terror ; that none knew his own Colours , or his Captain ; thus whilst every one provided for his own Safety , no Man remembred the publick Danger and Disgrace . The Scots followed thick after them , so that now there was no more fighting , but slaying . At Night the Scots were called back to their Colours , and taking a View of the slain , they lost only two of their own ; of the English , besides Commanders , there dyed about 200 Souldiers , and amongst them some of Note , there were about a thousand Prisoners taken , and of them above 80 Gentlemen . This Victory , happening beyond all Men's Expectation , was so much the more acceptable ; the Fruit of all redounded to the Regent , but almost all the Honour to the Douglasses . About this time , by the Fraud , as 't is thought of George Gordon Earl of Huntly , a Contention arose , in which almost all the Family * of the Frasers were extinguish'd . There was betwixt Them , and Mac Rainald an old Grudg , which had been often manifested to the loss of both Parties ; and Huntly was inwardly fill'd with Indignation , that they alone , of all the Neighbouring Families , refused to come under his Clanship . For when the Neighbour Islanders gather'd together what strength they could , against the Earl of Argile , there was hardly any Man in all that Tract of the Country , but bore Arms on one side or other . But the matter being composed without Blows , as they were returning , sever'd from him another way , the Mac-Rainalds having notice of it , got their Clanships together , and set upon them most furiously , and the Frasers being fewer in number were overcome , and all slain to a Man. And thus that numerous Family , which had oft so well deserved of their Country , had been wholly extinguish'd , unless , by God's good Providence , ( as we have reason to believe ) 80 of the chief of the Family , had left their Wives at home great with Child , all of which in due time brought forth Male-Children , and they all lived to Man's Estate . At the same time , the King of England heard , that his Army was beaten and wasted in Scotland , and that an Embassador was sent by the Regent to the King of France , to acquaint him with the Victory , and to desire Aid of him , against the Demands and Threats of the King of England , and likewise to inform against Lennox , in Defamation of his Departure into England ; as for Aid , he could scarce obtain any , because the † French knew for certain , that Henry was about passing over with great Forces into France , only they sent 500 Horse , and 3000 Foot , not so much to defend the Scots from the Incursions of the English , as to hold them in play , that they might not fall with their whole Strength upon France . Henry , that Summer , did not think it fit , to send greater Forces to the Borders of Scotland , because he was of opinion , that the Garisons there were sufficient to inhibit the Excursions of the Scots ; and besides , he knew well enough , that the Scots , in such a perplexed State of their affairs , could not raise a great Army that Year , to attack any well-fortified places . The Scotish Embassador in France objected some sorry matters against Lennox , in his Absence , scarce worth the answering , as , that he had concealed the Mony sent to him ; that by reason of his Dissensions with the Cardinal , the cause of the Publick was betray'd ; and as for his Departure into England , That he exaggerated , most invidiously . The King of France , who , by means of false Rumors , had conceiv'd such an Anger against Lennox , that he would by no means admit of any Compurgation or Apology against those Calumnies , and who also had imprisoned Lennox's Brother , unheard , Captain of his Guards , when the Truth began a little to appear , as 't were in excuse for his temerarious Fault , sought for some colour to hide it , and commanded an Examination to be made of the Crimes objected against Lennox . And the Enquiry was committed to Iames Montgomery of Lorge , Commander of the French Auxiliaries , a Man active and good enough , but a bitter Enemy to Lennox ; 't was put into his Hands by the Procurement of the Guises , because they were not able to separate the cause of their Sister from the Perfidiousness of the Cardinal . Montgomery arriv'd with his French Auxiliaries ( lately mention'd ) in Scotland , on Iuly the 3 d , in the Year 1545. where by shewing the Letters , and declaring the good Intentions of the King of France towards them , in the Council , he obtained , that an Army should be levied , but only of the better sort , who were able to bear the charges of the War , and they were to meet together upon a short day . And accordingly at the time appointed ▪ there met 15000 Scots * at Hadington , and marching to the Borders , they formed their Camp over against Work , a Castle in England . From thence , almost every other day they marched with their Colours into England , and did obtain great Booty ; the Enemy endeavour'd to resist their Incursions , but in vain , they made indeed some light Skirmishes , but unprosperously , so that the Scots wasted all the Country for six Miles round . This they continued during ten Days , never going further into the Enemies Country in the Day-time , than they could return back to their Camp at Night . In the Interim , Montgomery and George Hume dealt earnestly with the Regent , that he would remove his Camp to the other side of the Tweed , that so they might make freer Inrodes upon the parts adjacent , and spred the terrour of their Army to a greater Distance , but their Solicitations were in vain . For the Regent , and those of the Council about him , were against it , because they were destitute of all Necessaries for storming of Castles ; so that they disbanded the Army , and returned home . The other took up their Winter-Quarters , as every one thought fit , but Montgomery went to Sterlin to the Court , where knowing of the Calumnies raised against Lennox by his Enemies , though he himself did highly disgust him too , yet he grievously rebuked the Cardinal , that , without any considerable Provocation on Lennox's part , he had loden so noble and innocent a Person with such calumnious Imputations , and had compell'd him , even against his Will , to join himself with the Enemy . About the same time , Inroads were made on both sides , on all parts of the Borders with various Events . Robert Maxwel the Son of Robert , a young Man of singular Valor , was taken Prisoner by the English ; there was nothing memorable done besides . At the beginning of the following Winter , Montgomery return'd to France , and the Cardinal carried about the Regent with him through the Neighbouring Provinces , upon pretence to reconcile and heal the Seditions and Distempers of all Parties . First they came to Perth , where four Men were punish'd for eating Flesh on a day prohibited ; and also a Woman and her Infant were both put to Death , because she refused to call upon the Virgin Mary for Aid , in her Travel ; then they applied themselves to the Overthrow of all the Reformed , universally ; they went to Dundee , and , as themselves gave out , 't was to punish such as read the new Testament , for , in those days that was counted a most grievous Sin , and such was the Blindness of those Times , that some of the Priests , being offended at the Novelty of the Title , did contend , that That Book was lately written by Martin Luther , and therefore they desired only the Old. There 't was told them , that Patrick Grey chief of a noble Family in those parts , was coming with a great Train , and the Earl of Rothes with him : The Tumult being appeased , the Regent commanded both of them to come to him the day after , but the Cardinal , thinking it not safe to admit two such potent and factious Persons with so great a Train , into that Town , which was the only one highly addicted to the Reformed Religion , persuaded the Regent to return to Perth . The Noble-Men , when they were ready for their Journy , heard News , that the Regent was gone for Perth ; whereupon they followed him thither , and when they came in sight of the Town , the Cardinal was so afraid , that , to gratify him , the Regent commanded them to enter the City severally , and apart ; and the next day after , they were both committed to Prison ; yet Rothes was soon released , but Grey was delivered with more difficulty afterwards , because he was more hated and feared by them . Before they went from thence , the Cardinal thought good to abate the Power of * Ruven , Mayor of the City ; so that the Regent took away the Mayoralty from him , and gave it to the Laird ‖ Kinfans , a Neighbour-Laird , Gray's Kinsman . Ruven was envied by the Cardinal , because he favoured the Reform'd Religion ; and as for Grey , he was not wholly averse from the Reformed neither , nor yet any great Friend of the Cardinals : For by this means , the Cardinal did not doubt , but , if they Two fell out , many of the Neighbouring parts would join themselves to each of them , in regard of the Illustriousness of their Families ; and so the more of them fell on either side , the fewer Enemies he should have left alive : Thus the Mayoralty of Perth , which for many Years had continued as Hereditary in the Family of the Ruvens , was translated to Charters , Laird of Kinfans , with the great Indignation of the Citizens ; who took it much amiss , that their ancient Freedom of voting in their Assemblies , was taken away ; but the new Mayor was sent to compel them to Obedience by force , if they resisted . His Design was , to assault the City in two places , Grey , who had taken the whole matter on himself , attack'd it from the Bridg over the River Tay : The other Party were to carry their Guns up the Stream , and so to storm the open side of the Town ; but because the Tide hindred them , they came not up in time : Grey makes his Attempt from the Bridg ( from which Ruven had purposely withdrawn his Guards into the next Houses , that so it might seem to the Enemy , as if it were undefended , ) and when he saw none in Arms to oppose him , he boldly march'd up into the Body of the Town ; whereupon Ruven issued out of the adjoining Houses on a sudden , and gave him a brisk charge , which routed him and his whole party ; but , in their Flight through narrow Passages , the one hindred another ; for the last , striving to gain the Mouth of the Passage , gave a stop to the first : and in this confusion many were trod under-foot , and sixty fell by the Sword. The Cardinal , when he knew that Ruven had got the Victory , was somewhat sorry for it ; yet , glad withal , that so many of his Enemies were destroyed ; for , seeing he despaired ever to make them his Friends , he counted it a Gain to him , to see them mutually to destroy one another . The Cardinal , having thus past over as much of Angus , as he thought convenient at that time , brought the Regent , after the Winter-Solstice to St. Andrews , to indear his Mind more unto him , if 't were possible ; for , though he had his Son , the Earl of Arran , as a Pledg , yet as often as he bent his Thoughts to the Consideration of the Fierceness of the Scotish Nobility , to the Strength of the opposite Faction , and to the Inconstancy of the Regent , he was afraid , that he might be persuaded by his Enemies , and so wrought over to them with the same Levity , as he had first joined himself with him : There he entertained him , with a small Retinue , with Sports and Pastimes twenty days at Christmas ; he gave him many Gifts at present , and promised him more for the future ; and after much Discourse together , concerning the State of the Kingdom , he came a little more secure to Edinburgh . There a Convocation of Ecclesiasticks was held Ianuary the 12 th . In that Assembly many things were canvass'd up and down concerning the retaining of the old Liberty of the Church , and the Punishment of the enormous Crimes of some Priests ; but in the midst of their Debates , before they could conclude of any thing , News was brought to them , that George Wiseheart , a Preacher of the Gospel , one very acceptable to the People , was entertained at the House of a noble Person called Iohn Cockburn about seven Miles from the City . Thither presently they sent a party of Horse , to demand the Offendor : but Cockburn alleged several things in excuse , on purpose to create some Delayes , that so he might have an opportunity to convey him away secretly ; of which the Cardinal being inform'd , made haste thither with the Regent , even in the dead time of the Night , and beset all the Avenues of the House ; and yet their Promises , Flatteries and Threats prevailed not at all , till they sent for the Earl of Bothwel out of the next District , he , being the chief of all the Lothianers , did easily obtain , that George should be deliver'd up to Him ; but first , he past his Word , that no Harm or Damage should come to him . The Priests having now gotten this Prey into their Hands , carried him from Edinburgh to St. Andrews ; and there about a Month after , they assembled a great Company of Ecclesiasticks , of all sorts , to determine concerning his Doctrine ; this was done to blind Men's Eyes with the pretence of a Judicatory , and a legal Proceeding ; for all Men knew , what they would determine concerning him before-hand . By the consent of them all , ‖ the Cardinal by his Letters desired the Regent to give out his Mandate for a civil Judg to sit upon the Offendor , ( for he himself , by the Pope's Canon Law , could not sit upon the Life or Death of any Man ) that so , he that was already judg'd an Heretick by the Priests , might be also sentenc'd to Death by the Secular Power . The Regent was not likely to have made any Scruple in granting his Request , unless David Hamilton of Preston , his Kinsman , had interposed and kept him back , who did both advise , entreat , threaten , and sometimes chid him , in order to stop the Process against George : The Sum of his Discourse is reported to be this , That he did very much wonder , upon what account the Regent should give such a large Power to any Man , against the Servants of God , and , who had no other Crime objected against them , besides the preaching the Gospel of Jesus Christ ; and especially to such , whose flagitious Lives , and brutish Cruelty , cared not what Torments they put an innocent Man to ; whose Integrity of Life , his very Enemies were forc'd to confess , even against their Will , and , for his Learning , he himself knew it to be great ; that further , he himself had been formerly a great Favourer of him , and it : 'T was by his Commendation , that he was advanc'd to the Supream Magistracy ; and also , that he had given forth Edicts to declare his assent to his Doctrine publickly , and had undertook to defend it ; yea , he had exhorted all in general , and each Man in particular , to read , understand , practice and exemplify it in their Hearts and Lives : Consider therefore with your self , said he , what will Men think , what will Men say of you , consider the Mercies God Almighty hath bestowed upon you : The King , an active Man , and your Enemy was taken away , who walk'd in the very same steps you now tread . They , who brought him to ruin by their advice , do now also indeavour to destroy you : they have opposed you from the beginning with the Weight of all their Power ; and now they seek , by Fraudulent Counsel , to ensnare and undo you . Call to mind ( Sir ) the Victory given you over your Subjects without Blood , and over your Enemies too , though having much greater Force than your self , to your great renown , and their deserv'd Ignominy . Remember , for whose sake you thus desert God , and oppose your and his Friends : Awake , I beseech you , and dispel that Mist , which nefarious Persons have cast before your Eyes ; remember Saul King of Israel , how he was raised up from a low to a Sovereign Estate , and how many Blessings he received from God , as long as he was obedient to his Law ; but when he slighted and turned aside from his Commandments , how miserably was he punished ? Compare the Success of your Affairs , from the beginning to this very day , with his Prosperities ; and unless you alter the course of your Designs , expect no happy Issue , ( nay , rather a worse end , than he . ) For he did design the same Projects which you now act , and that to gratify some base Varlets , who can neither hide their open Wickednesses , nor do not so much as indeavour to dissemble them . The † Regent was affected at the advice of his Friend , and writ back an Answer to the Cardinal , that he should not precipitate the Process , but let the whole matter alone , till he came himself ; for he was not willing to consent to the Condemnation of the Man , till he had more diligently enquired into his Cause ; and if the Cardinal did otherwise , the Man's Blood should light on his Head , for he testify'd by these Letters , that he himself was free therefrom . The Cardinal was unexpectedly surprized with this Answer ; he knew w●ll enough , that , if Delays were made in the Case , the Prisoner would be deliver'd , as being a popular Man ; and besides , he would not suffer the thing to be brought under a Debate , partly because the Man having been already condemned by the Ecclesiasticks , he would have no Recognition made ; so that he was ragingly angry , and persisted in the Resolution he had taken ; and his Reply was , That he did not write to the Regent , as if he had not sufficient Authority independently without him , but for a specious pretence to the Vulgar , that his Name might be to the Condemnation . Hereupon George was brought out of Prison , and Iohn Windram , a learned Man , and an hearty , though secret , Favourer of the Cause of Religion , was commanded to mount a kind of Pulpit there erected , and to preach ; he took his Text out of Mat. 13. which says , That the Good Seed is the Word of God , but the Evil Seed is Heresy : In his Discourse , defining Heresy , he said , It was a false Opinion , evidently repugnant to the Holy Scriptures , and maintained with Obstinacy ; and that 't was occasioned , and also supported and fostered , by the Ignorance of the Pastors of the Church , who did not know , how , either to convince Hereticks , or to reduce those who were gone astray , by the Spiritual Sword , which is the Word of God. Afterwards he explained the Duty of a Bishop , out of the Epistle to Timothy , and shewed , that there was only one way to find out Heresy , which was to bring it to the Test of the Word of God. At length , when he made an end , though what he spoke made against the Priests , who were there assembled not to refute Heresies , but to punish those who opposed their licentious Arrogance ; yet , as if all things went well on their side , they hale forth George to a Pulpit or Scaffold , built in the Church ; that so they might observe their accustomed Form in Judgment ; over against him there was another Pulpit , which Iohn Lauder , a Popish Priest , mounted , and the rest stood all about him , as 't were , to judg ; but there was not the least appearance of a Judgment , or of a free Disputation in the Case . For the Accuser thundred out many odious and abominable Slanders , such as are wont to be commonly forg'd against the Preachers of the purest Doctrine , with great Acerbity of Words ; and thus having spent some hours , George was brought back again to the Castle , and lodg'd in the Governour 's Chamber , spending great part of his Time that Night in Prayer : The next Morning , the Bishops sent two Franciscans to him , to acquaint him , that his Death was at hand , and to know , whether they should confess him , as is usual in such Cases ? he told them , he had nothing to do with Friars , nor had any mind to discourse them ; but if they had a mind to gratify him in the thing , then he desired to confer with that learned Man which preach'd yesterday . Whereupon the Bishops gave him leave to go to the Castle , and George had a long Discourse with Windram , who , after he had ceas'd weeping , ( which for a while he could not refrain ) very friendly demanded of him , whether he would receive the Sacrament of the Lord's Supper ? With all my heart , said George , if I may receive it under both kinds of Bread and Wine , according to Christ's Institution : Windram return'd to the Bishops , and told them , that George did solemnly profess , that he was innocent of the Crime of which he was accused ; which he spake , not to deprecate his Death now at hand , but only to testify his Innocency before Men , as 't was before sufficiently known to God. The Cardinal was much inraged , Ay , says he , we know well enough what you are . Being further demanded , whether he would admit him to receive the Sacrament ? he talk'd a little with the Bishops , and , with their Consent , made Answer , That 't was not fit that a stubborn Heretick , condemn'd by the Church , should enjoy any Benefits of the Church . That Answer was return'd to him ; and about nine of the Clock , the Friends and Officers of the Governor of the Castle sat down to Breakfast , they asked George , whether he would eat with them ? Very willingly , said he , and much more so than in former times , because , I perceive , that you are good Men , and Fellow-members with me of the same Body of Christ , and because , I know , that this is the last Meal I shall eat on Earth . And for you , ( speaking to the Governor of the Castle ) I desire you in the Name of God , and for that Love which you bear to our Lord and Saviour Iesus Christ , that you 'l sit down a while with us , and vouchsafe me the Hearing , whilst I give you a short Exhortation , and so pray over this Bread , which , as Brethren in Christ , we are about to eat , and then I will bid you Farewel . In the Interim , the Cloth was laid ( according to Custom ) and Bread set on , when George made a brief and clear Discourse for about half an hour concerning Christ's last Supper , his Sufferings and Death . But , above all , he exhorted them to lay aside Anger , Envy and Malice , and to have mutual Love impress'd on their Minds , that so they might become perfect Members of Christ , who daily intercedes for us with his Father , that our Sacrifice might be accepted by him to Eternal Life . When he had thus spoken , he gave Thanks , and then brake the Bread , and gave to every one a piece ; and then the Wine , after he himself had drank in the same manner , intreating them to remember the Death of Christ now in the last Sacrament with him ; as for himself , a bitterer Portion was prepared for him for no other reason , but his preaching the Gospel ; and then having again given Thanks , he returned to his Chamber , and concluded with Prayer . A while after , two Executioners were sent to him by the Cardinal , one of them put a black Linen Shirt upon him , and the other bound many little Bags of Gunpowder to all the Parts of his Body : In this Dress they brought him forth , and commanded him to stay in the Chamber , without the Governour 's . And at the same time , they erected a Wooden Scaffold in the Court before the Castle , and made up a Pile of Wood. The Windows and Forts of the Castle over against it , were all hung with Tapestry and silk Hangings , with Cushions for the Cardinal , with his Train , to behold , and take pleasure in the joyful Sight , even the Torture of an innocent Man ; thus endeavouring to curry Favour with the Vulgar , as the Author of so notable a Prank . There was also a great Guard of Souldiers , not so much to secure the Execution , as for a vain Ostentation of his Power ; and besides , Brass Guns were plac'd up and down in all convenient Places of the Castle . Thus , whilst the Trumpets sounded , George was brought forth , mounted the Scaffold , and was fastened with a Cord to the Stake , and , having scarce obtain'd Liberty to pray for the Church of God , the Executioners fired the Wood , which took hold of the Powder tied about him immediately , and blew it up into Flame and Smoke . The Governor of the Castle , who stood so near that he was sing'd with the Flame , exhorted him , in a few words , to be of good chear , and to ask Pardon of God for his Offences : To whom he replied , This Flame occasions trouble to my Body indeed , but it hath in no wise broken my Spirit : But He , who now so proudly looks down upon me from yonder lofty Place , ( pointing to the Cardinal ) shall ' ere long be as ignominiously thrown down , as now he proudly lies at his Ease . Having thus spoken , they straitned the Rope , which was tied about his Neck , and so strangled him ; his Body in a few hours was consum'd to Ashes in the Flame , and the Bishop , being yet mad with Hate and Rage , forbad every body , upon great Penalties , to pray for the Deceased . After this Fact , the Cardinal was highly commended by his Faction , and extolled to the very Skies , that he alone , when others declined it , had slighted the Authority of the Regent , and performed so noble an Exploit , whereby he had curb'd popular Insolency , and had couragiously undertook , and as happily manag'd the Defence of the whole Ecclesiastical Order . If the Church had formerly had ( said they ) such valiant Assertors of its Liberties , it would never have been brought to that Pass , as it is at this Day , ( i. e. ) to truckle under , but it would have given Law to all , and received it from none . This luxuriant and superlative Joy of the Priests for their obtained Victory , did rather irritate than discourage the Minds , not only of the promiscuous Vulgar , but even of some great and noble Persons also : They fretted , that things were come to that pass by their own Cowheartedness , so that now some bold thing or other was to be attempted and hazarded , or else they were Slaves for ever . Hereupon more Company came in to them , whose Grief enforc'd them to brake out in Complaints against the Cardinal , so that they encouraged one another to rid the Cardinal out of the way , and either to recover their Liberty , or lose their Lives ; For what hope of thriving , said they , could there be under so arrogant a Priest , and so cruel a Tyrant , who made War against God as well as Men , and those , not his Enemies only , as were all such as had Estates , or were any way pious ; but if he bore but a grudg against a Man , he would hale him , as a Hog out of the Sty , to be sacrific'd to his Lusts. And besides , he was a publick Encourager and Maintainer of War , both at Home and Abroad ; and in his private capacity , he mixed the Love of Harlots , with lawful Marriages . Legitimate Wedlock he dissolv'd at pleasure ; at Home he wallowed in Lust among his Minions , and Abroad he ravag'd to destroy the Innocent . The Cardinal himself , though he did not distrust his own Power , yet knowing how People stood affected towards him , and what Reports were spread up and down concerning him , thought it his best way to strengthen his Power by some new Accession or other . Hereupon he went to Angus , and married his eldest Daughter to the Son of the Earl of Crawford ; the Marriage was solemnized in great State , and ( almost ) with a Royal Magnificence . Whilst these things were acting , he received Intelligence by his Spies , That the King of England was making great Naval Preparations to infest the Scotish Coasts , but especially the Inhabitants of Fife , whom he threatned most : Whereupon he returned to St. Andrews , and there appointed a Day for the Nobility , especially those , whose Estates lay near to the Sea , to meet , and to consult in common , what Remedy to apply to the present Malady . And to do it more effectually , he determined to take a View of all the Sea-Coasts , together with the Owners of the Lands , and so in a manner to circuit about all Fife , and to fortify all convenient Places , and to put Garisons into them . Amongst the rest of the Noble Mens Sons , who came in to the Cardinal , Norman Lesly , Son to the Earl of Rothes , was one , of whom I have made mention several times before : He had done great and eminent Service for the Cardinal , but , on a time , there fell out a Dispute between them concerning a private business , which estrang'd them a while , one from another ; but Norman , upon great Promises made to him , quitted his Right in the Matter contested for : After a few Months , coming to demand of the Cardinal the performance of what was promised him , they fell from plain Discourse to chiding , and afterwards to downright railing , uttering such reproachful words one to another , as were seemly for neither of them ; and thus they parted in a great Rage one from another ; the Cardinal fretting , that he was not treated with that Deference which was due to his Dignity ; and Norman , full of Wrath and Rage , as being circumvented by Fraud , so that he returned home , with thoughts full of Revenge , and inveighed openly amongst his Friends , against the intolerable Pride of the Cardinal , insomuch that they all agreed to take away his Life : And , that the matter might pass with the least Suspicion , Norman , with five only in his Company , came to St. Andrews , and took up his usual Inn , that so the design of cutting him off might be concealed , by reason of the paucity of his Attendants . There were Ten more in the Town , privy to the Conspiracy ; who all , in several Places , expected the Watch-word : With this small Company , did he undertake so great an Enterprise , and that in a Town which was full of the Cardinal's Train , Kindred and Attendants . The Days were then very long , as they use to be in those Countries , towards the end of the Spring , viz. about May 7. And the Cardinal was fortifying his Castle for Defence ▪ in so great haste , that the Work-men continued at it almost Night and Day ; so that , when the Porter , early in the Morning , opened the Gates to let in the Workmen , Norman had plac'd two of his Men in Ambush , in an House hard by , who were to seize the Porter ; and when they had made themselves Masters of the Gate , they were to give a Sign , agreed on , to the rest : By this means they all entred the Castle without any Noise , and sent four of their number to watch the Cardinal's Chamber-door , that no Tidings might be carried in to him ; others were appointed to go to the Chambers of the rest of the Houshold , to call them up , ( for they well knew both the Men and the Place ) ; them they rouz'd up , being half asleep ; and calling them all by their Names , they threatned immediately to kill them , if they made but the least Out-cry ; so that they led them all , in great silence , out of the Castle , without doing them any hurt at all : When all the rest were put out , then they alone were Masters of the Castle ; whereupon , those , who watched at the Cardinal's Door , knocked at it . They within asked them their Names : they told them , and then they were let in ; having , as some write , past their words , that they would hurt no body ; and when they were entred , they dispatch'd the Cardinal with many Wounds . In the mean time , a Noise was spread about the whole Town , that the Castle was taken , insomuch that the Cardinal's Friends , half drunk , and half sleeping , started out of their Beds , and cried out Arm ; thus to the Castle they posted , and called out , with minacious and opprobrious words , for Ladders ; other things they also brought , necessary for a Storm . They , who saw them out of the Castle , that they might blunt the present Impetuousness of their Minds , and call back their mad Spirits to consider themselves , crying out to them , demanded , why they made such a bustle ? for the Man was dead whom they sought to rescue , and with that word they threw the dead Body out in the sight of them all , even out of that very place , where before he had rejoicingly beheld the Execution of George Wiseheart . Whereupon , many did revolve , within themselves , the Inconstancy of human Affairs , and that unexpected Event ; many also were affected with the Prediction of George Wiseheart , concerning his Death , which then came into their Minds ; and many other things also , which that holy Man had foretold , not without the special Inspiration of God's Spirit , ( as we have cause to believe , and as the Event soon after made appear . ) The Cardinal's Friends and Kinsmen , being astonish'd at this unexpected sight , soon sculk'd away . When the matter was divulg'd all over the Kingdom , Mens Minds were variously affected , as they either hated or loved the Cardinal ; some thought it a brave , others a nefarious , Fact. There were many also , who , being in a different way of Worship from him , were afraid of their Lives , and others were offended at his intolerable Arrogance ; these did not only approve the Fact , but came to gratulate the Committers of it , as the Restorers of their ancient Liberties , and some of them ventured their Lives and Fortunes in their Quarrel . The Court was grievously affrighted at the News , as having lost part of their Council ; but , by the advice of those which were present , they sent forth a Proclamation , that the Murderers should come in within six Days , to give Sureties to answer matters at a Day , which was to be nominated for that purpose : But they had a strong Castle over their Heads , and , in it , all the Cardinal's Mony and Housholdstuff ; and , besides they had the Regent's eldest Son with them , who was given in Hostage to the Cardinal , as is related before ; so that they gave no credit to the Promises of their Enemies , whose Levity and Perfidiousness they had sufficient Experience of before , and therefore they refused to hearken to any Conditions of Peace ; whereupon they were Outlawed . Thus the matter was protracted , partly by the Threats and vain Promises of the one party , and the Diffidence of the other , from the Month of May till the * Nones of December ; and then the Regent , by the Importunity of the Queen-Mother , and the malicious Clamors of the Priests , took Arms , and lay three whole Months before the Castle , battering it with his Brass Guns ; but , in the fourth Month , almost at the End of Winter , he dismiss'd his Army , without carrying the Place , and went to Edinburgh , to be present at the Convention of Estates , which he had before indicted to be held in February . They , who held the Castle , being thus freed from fear of their Enemy , did not only make frequent Excursions into the neighbouring Parts , and commit Depredations with Fire and Sword therein ; but , as if the Liberty gotten by their Arms , were to be spent in Whoredoms , Adulteries , and such Vices , they ran into all the Wickedness , which idle Persons are subject to ; for they measured Right and Wrong by no other Rule but their own Lust ; neither could they be reclaimed by Iohn Knox , who then came to them , and often warn'd them , that God would not be mocked , but would take severe Punishments on those , who were Violators of his Laws , even by those whom they least dream'd of ; yet his Exhortations could not stop the Course of their Flagitiousness . Besides this domestick Mischief raging even in the very Bowels of the Kingdom , there was an Accession made by a War with England : For the English had pass'd over the Solway with their Forces , and made People terribly afraid ; they were not contented with the Pillage and Prey , but they fired some Places , took some Strong-holds , and put Garisons in them . Neither were Matters quieter in the other parts of the Borders ; Robert Maxwel , upon whom the greatest part of the Storm fell , came to Edinburgh to crave Aid , when almost all was lost ; he alleged , that the Country was desolated , that their Garisons were taken and kept by their Enemies , that the Husbandman was driven away from his Habitation , and forc'd to live , in much want , on the Charity of his Friends , and that they suffered all this , because they would not change nor forfeit their Fidelity to their King ; but if no Course were taken for their Relief , in some short time , their Miseries would compel them to give themselves up to the English ; and so would their Neighbours too , for fear they should undergo the like . Hereupon , Aid was promised him to recover his Own ; and the Regent marching his Army thither , formed his Camp by the River † Meggat . There the Cardinal's Friends earnestly desired of him to call Norman's Father , who was then in the Camp , to his Answer , and not to carry so potent a Man with him , as his Companion in the War , whose Faith was suspected , or rather who was an open Enemy : The Earl , though the Time and Place did not favour it , yet was willing immediately to put himself on the Trial ; hereupon the Names of the Judges , or Jury , were ( according to Custom , which I have elsewhere mentioned , ) impannell'd , and none of them were excepted against by the adverse Party , yet , by all their Votes he was acquitted . From thence they marched to the Castle of ‖ Langham , from thence they drove out the English ; and , as they resolved to attempt other Forts , they were call'd back by a sudden Message . For News were brought them , that a French Fleet was seen not far from the Promontory of * St. Ebb , wherein were one and twenty Ships . The Regent imagining what the matter was , that they were come to besiege the Castle of St. Andrews , ( as had been agreed between them ) march'd joyfully home , there he discoursed Leon Strozy , Admiral of the French Fleet , and they both agreed to lay close Siege to the Castle , which they did , with so much Celerity , that many of the Garison-Souldiers , which were abroad could not come in , and many Country-men , which had no hand in the Conspiracy , but occasionally came into the Castle , about their private Affairs , could not get out . They planted their Brass Guns upon the Towers of two Churches , which stood near on both sides the Castle , which did so annoy the whole Court within the Castle-Walls , that the Defenders could hardly stir in or out . And afterwards they brought bigger pieces of Ordnance , and play'd upon part of the Wall , which stood between two Towers , which was soon batter'd down , because the later Buildings were not at all compacted with the former , and so it fell down with a mighty Noise . Hereupon they within , who before trusted to their Fortifications , and were ready to expose themselves to stop any Breach , now began to be afraid , and calling together a Council of War , because they fear'd the Cruelty of the Regent in revenging the Death of his Kinsman , ( such Sentiments making deep Impressions on infirm Minds ) they surrendred the Castle and themselves to Leon Strozy , only upon Quarter for Life . Leon hereupon sent in his Men to pillage the Castle , wherein was found , besides a great Quantity of Provisions of all sorts , all the Cardinal's Mony and Houshold-stuff , and all the Wealth of the Garison-Souldiers , and of many others also , who had laid up their Goods there , as in a place of Refuge ; there also they found the Regent's Son , who was before given in Hostage by his Father to the Cardinal , and , when he was slain , was detain'd there . The Castle was demolish'd by Advice and Order of the Council ; and a few days after , Leon set Sail , with his Prisoners , for France . These things fell out in August , 1547. About the same time , News was brought , that the English had prepared great Forces both by Land and Sea to invade Scotland , and to demand the Performance of the Treaty , which was made four Years before with the Regent , concerning the Marriage of the Queen of Scotland to the King of England's Son. This sudden Report mightily affected the Regent , who was faint-hearted enough of himself , for he had then no foreign Aid , neither did he much confide in his own forces : For the Papal Faction were offended at his Levity , and the Friends of exil'd Lennox having been cruelly intreated by him , retained the Seeds of their old Hatred against him ; yet , upon his Proclamation , there came in great numbers to Edinburgh , from thence they march'd to the Mouth of the River Esk , which runs through Lothian , and there waited for the coming of the English. In the mean time , the Scotish Horse rode up towards the Enemy in their March , and challenged them to fight , by this means creating some trouble to them in their Passage : But the English General , who knew that the Scots were better than his own Men at such tumultuary Skirmishes , had given Command , that none of his Troops should march out to encounter them . At last upon the Importunity of Grey , Commander of the Horse , he was persuaded to send out some Troops of Horse well-armed , and of Curiasiers , which should suddenly rush in upon them , unprepared for Resistance ; The Scots being grown fearless of the Enemy , but now astonish'd at the sudden Onset , brake their Ranks , and fled for their Lives , and about 800 of them were either slain or taken ; of the English also , who prest too eagerly on the pursuit , several were taken Prisoners , amongst which were some eminent Horse-Commanders . From that day forward , there was no memorable Action performed by the Scotish Horse . The English had their Camp at the Town of † Preston , a little more than a Mile from Them. From thence they might behold the number of the Scotish Army from the high Ground , and perceiving them to be more than they thought , they advised what course to take , and resolved to send Letters to the Scots , that so , if just and equal Conditions might be agreed on , the matter might be compos'd rather by Treaty than by Force . The Contents of the Letters , were ; They earnestly desired the Scots to remember , that both Armies profess'd the Christian Religion , to whom ( unless they did renounce their Profession ) nothing ought to be more dear than Peace and Tranquillity , and nothing more to be abhorr'd than unjust Arms and War ; that the cause of the present War , was not Covetousness , Hatred , or Envy , but a Desire of perpetual Peace , which could no ways so firmly coalesce as by a Marriage , which had been already promised by the publick Decree and Consent of all the Estates , and ratified by a League , and that on such Conditions , as were more advantageous to the Scots than the English , not to reduce them into an Estate of Servitude , but to a joint Society of Life , and Participation , and Communion , of all their Fortunes ; which Marriage would be so much the more beneficial to the Scots than English , because the Weaker might expect Advantage from the Stronger , as being possess'd with a greater Fear , lest he might be wrong'd by him : And , at the present , in casting up accounts of things , you are first to consider the Case , that it is very necessary your Queen should marry , that necessity was inevitable , and that it was a difficult thing to moderate it , and that the sole Power of chusing her an Husband was left to the Estates ; If they would chuse a Family upon the account of Dignity and publick Advantage , whom could they pitch upon better , than a Neighbour King , born in the same Island , ally'd in Blood , instituted in the same Laws , educated in the same Manners and Language , and superior not in Power alone , but in all external Ornaments and Accessions of Dignity ? And besides , this Marriage would bring with it a perpetual Concord , and an Oblivion of all old Grudges . But if they had Thoughts to bring in a Stranger amonst them , to undertake the Kingdom , that differ'd from them in Language , Laws and Customs , they should consider , how many Inconveniences lodg'd in the Belly of that Design , which they might easily foresee by the Examples of other Nations , and 't were better so to do , than to learn it by Trial and feeling the Smart thereof . As for themselves , if they found the Spirits of the Scots not wholly averse from an Agreement , they were ready to remit something of the Rigour of Law , and Right ; and that they would be content the young Queen should be educated under Scotish Supervisors , till she came to be marriagable , and fit , by the Advice of the Nobles , to chuse an Husband for her self ; and till that time came , both sides should abstain from War and Rapine ; and that the Queen should not be transported beyond Sea , nor that any Treaty should be intertain'd by the Scots concerning her Marriage with the French , or any other foreign Prince : If the Scots would faithfully promise this , they would presently depart and withdraw their Forces , and as for what Damage they had done , since they entred Scotland , they would make Restitution , as indifferent Men should award . These Letters were brought to the Regent , who communicated them to his Brother Iohn , Archbishop of St. Andrews , whom he had assum'd into the Place and Authority of the Cardinal , and to some few others : They , in hopes of a sure Victory , gave him advice to suppress them ; for they were afraid , that if the Equity of the Proposals were made known , the Scots would be taken off , and hearken to terms of Peace , and therefore they gave out through the whole Army , that the English were come on purpose to take away their Queen by force , and to reduce the Land to their own Subjection . And the Regent , being naturally unactive , had chosen four , no more versed in Military Affairs than himself , who did turn and wind all things at their Pleasure ; those were his three Kinsmen and Allies , Iohn his Brother , Archbishop of St. Andrews , and Abbat of Dumfermlin ; George Dury ; Alexander Beton ; and the 4 th was Hugh Riggs a Lawyer , noted more for his big Body , Corpulency , and bulky Strength , than for any Military Skill . These Men did so puff up the Regent with a vain hope of Victory , that , being of himself inconstant and variable in his Designs at every blast of Wind , he shut his Ears against the advice of all others . Hereupon , when the Regent's Privadoes had caus'd the Report , which they themselves had raised , to be spred all over the Army , they all ran hastily to their Arms. Archibald Douglas , Earl of Angus , led the Van ; George Gordon , Earl of Huntly , brought up the Rear , each of them had 10000 fighting Men , and the Regent had about the same number in the main Battel . In this Posture , a Report was suddenly rais'd , that the English were fled away , and it was not altogether without ground ; for they , wanting Provision , and not being able to fetch it from far , nor to forage for it in the Neighbour-hood , which was so unfurnish'd afore , thought it the best way to preserve themselves , if they left their Baggage behind them , and march'd long Marches backward , but having so many arm'd Men ready to ingage , seeing they durst not come down into the Campagn , nor could deceive the Enemy by going about , they waited his coming on the higher ground . On the other side , the Regent was impatient of Delay , and sent one to Douglas to march on with speed ; but he knowing , that the English could not long keep that ground for want of Provision , and so waited to fall on the Rear , made no great haste , till he was stirr'd up by another Messenger from the Regent , then , and not before , he past over the River . The main Battel , and the Rear , following at a great Distance after . The English who were about to depart , perceiving Douglas to draw towards them upon the Speed , sent out Grey , Commander of the Horse with his whole Body to meet him , and stop his Carreer , till the Foot had possess'd themselves of a Neighbour-hill ; or , if he saw cause , he was to disturb them in their ranks ; for , seeing the major part of them were arm'd after the French mode , they thought the Scots would never be able to bear the brunt of their charge : But a Brigade of the Scots marching in close order together , holding forth their Stand of long Pikes before them , as a Fence , received the Assault ; there the Van of the English running in upon , and intangling themselves amongst , the Pikes , the rest thought themselves ambuscado'd , and so returned to their Body , telling them that the Scots Ranks could no more be broken , than if they charg'd against a Wall : Hereupon , the English Horse were about to leave the Foot and fly , but by the Persuasion of their Commanders , and their mutual encouraging one another , and withall all hoping for a more advantagious Ground to fight in , they were retain'd , and renew'd their Ranks . The Scots were held from marching forward to the opposite Hill , chiefly upon this account , because they perceived Iambo a Spaniard , with some Troops of his Country-men , Harquebuisiers , to come down obliquely from the Hill , as if he would fall on their Flank ; and therefore , that no sudden Emergency might cause them to divide their Brigade , and also that they might not be attack'd on their Flanks , they wheeled about leisurely from the right ascent of the Hill. The main Battel , when they saw the Van to leave their Station , thought , that they were running away , so that they also broke their Ranks , and betook themselves to their Heels . The English , seeing this from the high Grounds , sent out their Horse , and trod many of them under foot in the pursuit . During all this March from Esk to the English Camp , the English Navy plaid upon the Flank of the Scots out of their Ships , and did them much Mischief . All the Ways were strow'd with Arms , by reason of the great Slaughter which was made , and many also were drown'd in the River . The English were most severe against the Priests and the Monks , ( for those of that Tribe , who were lusty and able to bear Arms , came into the Field ) and there were many who imputed the loss of the Day to them , who had arrogantly refused honest Conditions of Peace , and who , if they had the Victory , would have used it as cruelly towards their own Country-men , as their Enemies . In the first Charge , the English lost about 200 Horse , but of the Scots there fell the prime of all the noblest Families , with their Relations and Tenants , who counted it a flagitious thing to desert them ; many were taken in the Pursuit . The High-landers gathered themselves together in a round Body , kept their Ranks , and returned safe home ; for , at first , they march'd through craggy places , and inconvenient for Horse , and if they were sometimes necessitated to descend into the Plains , yet the English Horse , who followed the Pursuit scatter'dly , durst not attack them . This Battel , amongst a few others , was very calamitous to the Scots , it was fought the 10 th of September , in the Year 1547. The English having got the Victory , which was so much the more joyful , because it was unexpected , march'd five Miles further with all their Forces , and there they staid eight days , sending out parties every day six Miles round , who burnt and destroy'd all within that Compass . They attempted nothing considerable besides , saving the fortifying the desolate Islands of Inch-Keith and Inch-Colm in the Bay of Forth ; and in the Bay of Tay , they took the Castle † Brockty ; and , in their return by Land , they took by Surrender the Castles of Fascastle and Hume , which the Garisons out of Fear gave up ; and they raised Forts , one at Lauder , and another in the Ruins of Roxborough Castle . Their sudden Departure gave some Relief to the Scots , and a breathing-time for them to meet together to consult about the main chance . The Regent , presently after the Fight , came with that part of the Nobles which were with him to the two Queens at Sterlin , and to the Nobility attending there ; the Regent and his Brother were very sad and dejected for the Calamity which happen'd by their Default , and the Queen Dowager gave forth many outward Signs of Grief in her Speech and Countenance , but they which knew her Heart did judg , that she was not much troubled to see the Arrogance of the Hamiltons so curbed ; but to be joyous in a publick Calamity , they who use to cover the Faults of Princes under honest Disguises , are wont to call Greatness of Mind . Besides , the Dowager , ever since the Death of the Cardinal , had used all ways and means to throw the Regent out of his Office , and to invest the supream Authority in her self , but she knew she could never effect it , as long as They were uppermost , and had all fortified places in their Hands : In all her Discourse , she heighten'd the Fear she had from the English , and complained of the Weakness of their own domestick Forces , and propounded the Dangers imminent from the civil Dissensions amongst them : She communicated her Design to those , who she knew , were ill affected towards the Hamiltons . When the Nobles were in Consultation about the grand Affairs of the Kingdom , a Decree was made , that the Queen should retire to Dunbarton , whilst the Nobility did debate concerning the Estate of the Kingdom : Iohn Erskin was made Governour of it , an unquestionable Favourer of the Queen's Faction , and William Levingston , a Friend to the Hamiltons , was join'd in Commission with him . Embassadors were also sent into France to demand Aid of their King Henry against their common Enemy , according to the League made with him : Hopes was also given them , that the Queen would come over into France , and marry the Dolphin ; but the French were intent upon their own Affairs , and therefore their Auxiliaries were slower than the present Danger required . In the mean time , the English entred Scotland on both sides of the Borders : The Earl of Lennox , as if he had been sent for by his Friends , came to Dumfries ; for his Father-in-Law Angus , and his old Friend Glencarne , had promised him two thousand Horse and Foot of the neighbouring Parts to assist him , if he would leave the English , and come over to them ; but when he came at the Place appointed , there were hardly Three hundred come together , and those too of such , who used to live on Robberies . These and some other things of the like Nature , being very suspicious , and specially the wavering Mind of Iohn Maxwel , who had already given Hostages to the English , made Lennox believe that he was betrayed , and therefore he resolved to circumvent his Enemies with the like Fraud ; he retained with him Glencarn , Iohn Maxwel , and other chief Men of the Scots , who had treated with him concerning his Transition and Return into his own Country , and in the middle of the Night march'd toward Drumlanerick , with six hundred Horse , part of the English and part of the Scots , who had yielded to them ; when they came to the appointed Place , he sent out five hundred , to commit what Spoil they could in the neighbouring Parts , that so he might draw out Iames Douglas , Owner of the Castle , into his Ambush ; he , imagining such a thing , kept within his Hold till 't was Day ; and then , being out of fear of Treachery , he marched out with his Men , and pass'd over the River Nith , and press'd straglingly upon the Plunderers , charging their Rear , as they were retreating . They having got a convenient Time and Place to rally , turn'd back upon him with great violence , and struck such a Terror into them in the Straits of a Ford , that they disordered their Ranks , killed some , and took many considerable Prisoners . This light Expedition struck such a Terror into the greatest part of Galway , that they strove which of them should yield first to the English , partly to gratify Lennox , and partly fearing , lest , being forsaken by their Neighbours , they should lie open to all Affronts . The Scotish Regent fearing , lest in such a general Hurly-burly , if he did attempt nothing , he should altogether dispirit his Men , who were discourag'd enough before , besieg'd the Castle of Brockty , and having laid before it almost three Months , without performing any thing considerable , he drew off his Men , leaving only an hundred Horse under the Command of Iames Halyburton , an active young Man , to infest the neighbouring Places , and to hinder any Provisions from being carried in by Land to Brockty , or to the Garison which the English had plac'd on an Hill adjoining . These Matters pass'd at the End of that Year . In the beginning of the next , which was 1548 , the English fortified Hadington , a Town in Lothian upon the Tine , and burned the Villages , and plundered the Country about , which was the richest part of Scotland , and they form'd another Garison at Lauder . Lennox , about the end of February having pass'd over the West-Border , hardly escap'd an Ambush laid for him by Part of those , who had yielded themselves ; but , returning to Carlisle , he revenged himself by punishing some of the Hostages , especially Iohn Maxwel , the chief Author of the Revolt , according to the Contents of some Letters he had receiv'd from the King of England . During these Transactions , Henry of France , who succeeded his Father Francis , sent Forces to the Sea to be transported into Scotland , about six thousand Men , of which three thousand were German Foot , commanded by the Rhine-grave ; about two thousand French ; and one thousand of divers Nations , all Horse ; they were all commanded to obey Monsieur Dessy a French Man , who had been a Commander in France some years , and had done good Service there . They landed at Leith , and were ordered to quarter at Edinburgh , till they had recovered their Sea-sickness . The Regent , and the Forces with him , marched to Hadington , where they beset all Passages , and laid a close Siege to the Place . He sent out a Proclamation into all Parts , in pursuance whereof , in a short time , there came into him about eight thousand Scots . There the Nobility assembled , and the Consultation was renewed concerning the Queen's going into France , and marrying the Daulphin ; a Council was called in a Monastery of Monks , without Hadington , in the very Camp. In that Convention there were various Disputes ; some said , that if they sent away the Queen , they must expect perpetual War from England , and Bondage from the French ; others were of opinion , that by reason of Agreement in Religion , and the Condition of the present Times , it was best to embrace the Terms offered by the English , which were a Ten Years Peace , with no bad Covenants or Obligations on the Scots . For the whole of the League was , That , if the King of England , or Queen of Scotland , died within ten years , all things should be , on both sides , as they were before ; and though no fortuitous Event should happen between , yet the Kingdom might be hereby freed from its present Pressures , which had almost broke its Strength ; and the Souldiery , which were almost all lost in the late Battel , might have time to grow up and increase in a long continued Peace ; and , that intestine Discord being laid asleep , they might more maturely consider of the Grand Affairs , than they could do amongst Drums and Trumpets : And in such Consultations , Delays were oftentimes of great Advantage , and rash Festination was attended with speedy Repentance : Thus They. But all the Papists favoured the French , and some others too , whom French Bounty had either forestalled , or else had rais'd up to great hopes of Advantage ; amongst whom , was the Regent ; he had an yearly Revenue of 1200 French Pistols promised him , and the Command of an 100 Curiassiers ; so that the most Voices carried it , for the Queen 's going into France : The Fleet , which was to convey her , rode at Leith ; and , making as if they would go away , they sailed about all Scotland , and came to Dunbarton , where the Queen went on Ship-board , ( having staid some Months for its Arrival ) in the Company of Iames her Brother , Iohn Erskin , and William Levingston : She was tossed with much foul Weather , and contrary Winds , but at last landed in Bretaign , a Peninsule in France , and , by easy Journies , went to Court. In Scotland , whilst the War stopp'd at Hadington , yet the Common People in several Places were not wanting to the present Occasion . For the Garisons of Hume and Fascastle doing great hurt to the Neighbourhood , the Scots observing , that Hume was negligently guarded by Night , got up to the Top of a Rock , where the Confidence of the Unaccessibleness of the Place , made those within less watchful , and so they killed the Sentinels , and took the Castle . And not long after , when the Governor of Fascastle had commanded the Country thereabouts to bring in a great quantity of Provisions into the Castle , at a certain Day . The Country , upon this occasion , came numerously in , and unlading their Horses , they took up the Provision on their backs , to carry them over a Bridg , made betwixt two Rocks , into the Castle ; assoon as ever they were entred , they threw down their Burden , and upon a Sign given , slew the Guards , and , before the rest of the English could come in , they seized on their Arms , and placed themselves in the Avenues ; and thus , setting the Gates open for their whole Party to enter , they made themselves Masters of the Castle . In the mean time , the Naval Force of the English was not idle ; for the whole stress of the Land-War lying upon Hadington , their Commanders thought that the neighbouring Parts were weakned and spoiled of all Defence , so that they resolved to land in Fife . And accordingly they pass'd by some Sea-Towns , which were well inhabited , and came to ‖ St. Minnans Kirk , a Place peopled well enough , that from thence they might march by Land , to greater Towns , but less fortified , where the Pillage might be more worth their Labour . Iames Stuart , the Queen's Brother , receiving the Alarum , which the People of Saint Andrews , and a few of the Country-men which were left at home , made towards them , and in his way many of the Neighbourhood struck in with him . The English were already landed ; and about 1200 of them stood ready in their Arms for the Encounter . The great Guns which they had landed , struck such a fear into the Country-men , that they quickly fled ; but Iames , after he had a little stopp'd their Fear , charged the Enemy so briskly , that though he had but a raw and tumultuous Band along with him , he soon routed them , and drove them toward the Sea , killing many upon the Place , and many in the pursuit ; not a few of them were drowned in hastning to their Ships ; one Boat , with all its Passengers , was sunk , whilst they endeavoured some in Throngs to get on board . 'T is reported , that there were 600 slain in the Fight , and 100 taken Prisoners . Whereupon the Fleet presently sa●led to Mern , a Country less inhabited ; their Design was to surprise Monross , a Town not far from the Mouth of the River Dee . They resolved to land in the Night ; and therefore they staid at Anchor , out of sight of Land , as long as there was any Light in the Sky . But as they were making to Shoar in the dark , they discovered themselves by their own Imprudency , by hanging out Lights in every Boat ; Iohn Erskin of Downe , Governour of the Town , commanded his Men to arm , without making any Noise , and he divided them into three Bodies ; he placed some behind an earthen Bank , which was rais'd on the Shoar , to hinder their landing ; he , with some Archers lightly arm'd , made directly towards the Enemy ; and a third Band of Servants and promiscuous Vulgar , he plac'd behind a Neighbour Hill , adding a few Souldiers to them , to govern the Rabble ; Matters being thus order'd , he with his Archers fell upon the Enemy in their Descent , and maintain'd a sharp Dispute with them , till in a tumultuary kind of Fight , he had drawn them on to the Banks , there he join'd his other Party , who stood ready at their Arms , and they all fell on the Enemy ; yet they had not given Ground , unless the last Body had shewn themselves with Colours flying from the next Hill ; then they made such haste to their Ships , that of about 800 , which came on Shoar , hardly the third part escaped to their Ships . In the mean time , great Salleys were made about Hadington , not without loss on either side , but most , of the English ; whereupon they being in some want of Provisions , and fearing a greater , and perceiving also , that the Relief prepared came slowly on , and that they were so weakned , as to be hardly able to admit of the Delay : In the Interim , two brave Souldiers , Robert Bovy and Thomas Palmer , were commanded to march thither from Berwick , with 1000 Foot and 300 Horse , and to make all the Speed they could . These all fell into an Ambush laid for them , and scarce a Man of them escaped alive . The English resolved to send more Aid , but the French , discovering their Design , beset the narrow Passages , by which they were to march ; but Dessius , being deceived by one of the Enemies Scouts which he had taken , who told him , that the English were far off , and were marching another way to relieve the Besieged , left the Straits he had possess'd , and went to another Place ; in the Interim , the English marched thorow to their intended Post , without any hindrance . They brought with them 300 fresh Men , Powder and Bullet , and such other Provision as the Garison stood in most need of . Whilst these things were acted at Hadington , which did not at all make to the Main of the War , News was brought , that the English had levied a compleat Army to raise the Siege : Whereupon Dessius , knowing , that he was not able to encounter the Forces which were a coming , removed his Leaguer farther off from the Town , and sent back his Great Guns , all but six small Field-Pieces , to Edinburgh . Upon the Coming of the English Army , the Siege was raised , because the Scots Commanders would not hazard the State of the Kingdom upon a single Battel ; so that the Scots marched every one the next way home ; the French also , though much press'd upon by the English , yet got well off . The French Souldiers , in their Return , slew the Governour of Edinburgh , and his Son , together with some of the Citizens who joined with them , because they refused to admit them into the Town with all their Forces , in regard , they knew , they could scarce keep them from plundring . Dessius in the Interim , lest the Sedition should increase , drew off ; and withal supposing , that the Enemy would be more secure at Hadington , because of their good Success , resolved to make an Attempt to surprize it on a sudden . Thither he marched all that Night , and by break of Day slew the Sentinels , and came up to the Walls ; they took the Fort before the Gate , kill'd the Watch , some endeavoured to break open the Gate ; they also seized upon the Granaries of the English. In this hurry , the Noise of those who were breaking open the Gates , and the Huzza's of the French , crying out , Victory , Victory , rous'd up the English from their Sleep , which they had newly fallen into . In this great hurly-burly , a Souldier set fire to a Brass Gun , placed casually against the Gate , that he might , in a present Danger , make Trial of a doubtful Remedy . The Bullet broke through the Gate , and made a Lane in the thick Ranks of the French , so that , what between the Exclamations of the Souldiers crying out Victory , and the Noise of the Gates which were broken , such a confused Clamor was carried to the Rear , that they were surprized with Fear , not knowing the Cause , and so fled , which occasioned the rest to follow after . The French being thus repuls'd with Loss , march'd into Teviotdale , which the English had done great Damage to ; there , under the Conduct of Dessius , they drove the Enemy from Iedburgh , and made many Inrodes into English Ground , not without considerable Advantage . At length , when they had wasted all the Country , besides their daily Duty , they were also in great Want , and the Commonalty pitied them the less , because of their Prank at Edinburgh , for they looked upon that seditious Attempt as a Step to Tyranny . And from that time forward , the French did nothing worth speaking of . The King of France was made acquainted by Letter from the Regent , and Queen Dowager , how Dessius spent much time on light Expeditions , and unprofitable ones , and that he was more injurious to his Friends than Enemies , and that the French Souldiers were grown so insolent , since the Tumult at Edinburgh , that , by reason of the intestine Discord , all was like to be ruined : Whereupon Dessius was called back , and Monsieur Paul Terms , a good Souldier and prudent Commander , was sent with new Supplies for Scotland . Dessius thought it would be for his Honour to recover the Island Keith , which was taken a few Days before , and was begun to be fortified ; so that he got together a Fleet at Leith , and went aboard with a select Company of Scots and French. The Queen was a Spectator of the Action , and egging them on , sometimes particularly , sometimes all in general , after he had landed in the Island , he drove the English into the highest Angle thereof , kill'd almost all their Commanders , and compell'd them to a Surrender , but not without Blood. This was his last noble piece of Service in Britain , and then he surrendred up his Army to Termes . Termes drew forth the Army out of their Winter-Quarters , and commanded them to march towards the Northern Shires , he himself , Dessius being dismiss'd , followed soon after , and laid Siege to the Fort of Brockty , and in a short time took it , and also the Castle adjoining , from the English , putting almost all of both Garisons to the Sword. When he was returned into Lothian , his great Care was , to hinder Provisions from being carried to Hadington ; when , lo , upon a sudden , a great Army of English and Germans shewed themselves ready for the Encounter ; whereupon he drew his Men backward , till he came to a Place of greater Safety . In the Interim , the Scots Cavalry , which skirted upon the Enemy on every side , perceiving the German Baggage to be unguarded , plunder'd them in a moment . In the mean time , Provisions were carried into Hadington , without any opposition . During these Matters , Iulian Romerus , with a Troop of Spaniards , was taken securely in his Quarters , as if all had been at Peace , and almost all his whole Party was destroyed . Termes , when the English Forces were march'd home , resolv'd to return to the taking in of Hadington . They were stout Men that defended the Town , but in regard the Country was wasted all thereabouts , and Provisions could not be brought from far , but with great Hazard , and sometimes certain Loss ; and besides , the English were troubled with great Seditions at home , and were further press'd upon by a War with France ; hereupon the Garison of Hadington , having no hope of Relief , burnt the Town , and on the 1 st of October 1549 , march'd away for England . And moreover , the Garison at Lauder was almost ready to surrender , as being in great Distress , for want of Necessaries , when lo , News was brought on a sudden of an Agreement made between the English and the French , which was published in Scotland , April the first , 1550. And the May following , all the French Souldiers were transported back into France . That Peace , as to a Foreign War , lasted about three Years , but it was as troublesom and pernicious as the hottest War. For they who sat at helm , the Regent , and his Brother , the Archbishop of St. Andrews , were both extreamly cruel and avaritious , and the Archbishop very licentious in his Conversation also ; for , as if the Reins lay wholly loose on his Neck , his own Will was his Law. The first Presage of the ensuing Tyranny , was , the suffering the Murder of William Creighton , an eminent Person , to go unrevenged ; he was slain by Robert Semple , in the Regent's own Palace , and almost in his sight , and yet the Murderer was exempted from Punishment , by the Intercession of the Archbishop's Concubine , who was Daughter to Semple . This Archbishop , as long as the King liv'd , was one of his Confidents , and pretended a great Zeal for the Reformed Religion ; but when the King was dead , he ran headlong into all flagitious Courses , and , amongst the rest of his Mistresses , he took away this young Madam Semple from her Husband , who was his Country-man and Ally , and kept her almost in the Place of a lawful Wife , though she were not handsom , nor of good Report neither , but only noted for Wantonness . After this , followed the Death of Iohn Melvil , a a Noble-Man of Fife , who was a great Intimate of the last King's ; Some Letters of his were intercepted , written to a certain English-man , in the behalf of his Friend , a Prisoner there ; and though there could be no suspicion of Treason in the Case , yet the Author of them had his Head cut off . And that which made the Matter more foul , was , That his Estate was given to David , the Regent's youngest Son ; the Loss , arising by these wicked Practices , reach'd but a few , but the Envy of them extended to many , and the bad Example almost to all . This Unskilfulness of the Regent's managing the Government , together with the Sluggishness of all his former Life , did mightily offend the Commons ; so that he every day grew more cheap than other , especially after the Suffering of George Wiseheart ; for Most did impute the following Calamities to the Death of that Religious Man , especially they , who knew the Purity of Doctrine which George held forth , and admired the Unblamableness of his Life ; and moreover , who look'd upon him as Divinely inspired , because of the many and true Predictions which he had made . Hereupon , the Authority of the Regent grew every day less than other ; and soon after these , followed another , and that a more spreading , Mischief , which drew a general Complaint , not at all to be hid , against him . There were Juridical Conventions appointed to be held throughout the whole Kingdom , the Pretence was , to suppress Robberies , but the Event shewed , that 't was nothing else , but to cover Oppression , under a plausible Name . For Mony was extorted from all , Good and Bad , as much from honest Men as Thieves , and both were punish'd , not according to greatness of Crime , but of Estate . Neither could he keep off his Cruelty and Avarice from the Reformed , though he himself had formerly profess'd to be one of the Party , and now he had not the Cardinal as a Blind for his Crimes ; yea , the Mony , thus basely got in the Name of the Regent , was as profusely , and unadvisedly spent , by the Lust of his Brother . The Sixteenth BOOK . MAtter 's being thus composed at home , the Queen Dowager took up a Resolution to sail over into France , partly to visit her own Country , her Daughter and Kindred ; partly to secure her hopes in attaining the supream Power , which seemed to be freely cast upon her , and accordingly she chose those to attend her on her Journy , who were Favourers of her Design . For the crafty and ambitious Woman was full of hopes , that the Regent would , by his own Vices , ruin himself , that so she might be advanced in his room ; she staid with the French King above a Year , in which time , she informed him in the state of Affairs of Scotland , who heard her graciously , and , by means of her Brothers , she easily obtain'd of him , what she desired . The King of France , the better to bring about his Designs without any Tumult in Scotland , advanc'd to Honours all those of the Scotish Nobility , each Man according to his Degree , who had adhered to the Queen Dowager : They also which were of kin to the Regent , were highly advanced ; his Son Iames was made Captain over all the Scotish Auxiliaries in France , and a yearly Pension of 12000 French Pistols promised him . Huntly ( whose Son had married his Daughter ) was made Earl of Murray . Of the Sons of Rothes , by different Mothers , who quarrelled about their Patrimony , the youngest , who was Kin to the Hamiltons , was made Earl. The King of France , by the Advice of the Queen Dowager , sends for Robert Carnagy , one of the Regent's Privado's , who was lately sent over by him into France , to give that King Thanks for his often Assistance of the Scots against the English , and also Iames Painter , Embassador for some Years in France , in behalf of the Scots , besides Gawin Abbat of * Kilwinning , all firm to Hamilton's Faction . He declares to them , what he had before treated with the Guises . The Sum whereof was , That the Regent would do the King an acceptable piece of Service , if he would give leave to the Queen Dowager to govern , that little time of Magistracy which was left him , which , as 't was but a just and equal Request agreeable to their Laws ; so , if he complied with him therein , he would take care , that it should not be prejudicial to his Interests ; yea , he should find , that by this means he had procur'd to himself a fast and munificent Friend in him : He wishes them to inform him , how he had at present freely , and of his own accord , rewarded some of his Friends , by which he might easily judg , what Courtesies to expect from him for the future . Thus Carnagy , laden with great Promises , was dismiss'd home ; and a while after Painter , the Scotish Embassador , Bishop of Ross , was bid to follow him . He , as being a Man of great Eloquence and Authority , dealt with the Regent and his Friends , to give up the Administration of Affairs into the Hands of the Queen-Dowager ; and , with much ado , he obtained it : So that for his Diligence and Faithfulness in that Service , the King of France gave him an Abby in Poictou . The Queen , being now so secure of the Success of things in Scotland , and having made sufficient Provision , as she thought , how to deprive the Scots of their ancient Liberty , and to bring them Alamode-a-France , was accompanied by Monsieur D'Osel , as Embassador , to carry things on , a shrewd Man , whose Counsel she was to use in all things ; and so she returned home by Land through England . The next Year after her Return , she followed the Regent , who kept Assizes in almost all Parts of the Kingdom , and so by degrees made the Nobility her own . In this Progress , some few Offendors were punished , the rest were fined . The Queen could not approve such Proceedings , and yet she was willing enough to hear them . For she judged , that what Favour the Regent lost , it all returned upon Her. In the mean time , having won over the Nobility to her , she used some Friends to deal with the Regent , that he would freely resign up the Government ; his Kindred , upon the view of his Strength , perceived , that his Treasure was low , and his Friends few , and that he would have much ado to level and clear up his Accounts ; for King Iames the Fifth , at his Decease , had left a great deal of Mony , Arms , Ships , Horses , Brass-Guns , and abundance of Houshold-stuff ( all which he had lavish'd out amongst his Friends in a few Years . ) And that his Account would be speedily called for , the Queen being now almost of Age. And if he would extricate himself out of all these Troubles , by quitting the Government , it would be no great Loss ; for thereby he would but give up the Rule wholly to the French , which was intirely manag'd by their Counsels before : And he would have this Advantage also , that by laying down the invidious Title of Viceroy , or Regent , which however he could not long keep , he would procure Safety and Security to Himself and His. This Prospect pleased , so that an Agreement was made on these Conditions , That for what Goods of the late King 's Hamilton had made use of , the French King would see , that he should be indemnified , and also that he should be free from any Account , on the pretence of Overseership ; only he was to take an Oath to restore what did appear not imbezill'd , yet in this he did not perform his Promise . For about twelve years after , when his Castle of Hamilton was taken , after the Fight at * Langside , many things were there found , which shewed his Perjury . Besides , there were large Gifts bestowed upon him , and he was honoured with the Title of Duke of † Castelrot , ( which is a Town in Poictou , situate near the River ‖ Vien , ) and had a yearly Stipend of twelve thousand French Pistols , half of which Sum was paid for some Years . Another Condition was also added by the Suffrage of all the Estates ; that , if the Queen died without Children , Hamilton should be the next Heir . These were the Conditions of the Surrender , which were sent into France , that they might there be confirmed by the Queen , and some to be Guarrantees . The Queen , by the Advice of her Mother , makes Henry the 2 d King of France , Francis Duke of Guise , and Cardinal Charles his Brother , the Guarrantees ; and the Regent , tho , by persuasion of Painter , he had promis'd to relinquish the Government , and the time to do it was at hand , yet when it came to the point , according to his wonted Inconstancy , he was at a great stand ; for he began to consider , how grievous a thing it would be for him , to fall down from the Supreme Magistracy to a private Life , for then he should be obnoxious to those , whom in his Government he had wronged : Hereupon , he began to elude his Promise , and to frame Excuses , in regard the Queen was not yet full twelve Years old : Thus , tho those Allegations might have been answer'd , yet the Queen Dowager chose rather to retire to Sterlin , and there to expect the Expiration of the Set-time , for the giving up his Charge , than to make any Quarrel about a small matter , tho never so true . In this her Retirement , the greatest part of the Nobility came in to her , ( Fortune favouring her side , ) whom she sought by all means to ingage in her Faction , and those she had ingag'd , she fix'd and confirmed , filling them all with abundance of hopes , and making many Promises in general and in particular , how obliging she would be to them all when she was advanc'd to the Government , which they all knew should shortly follow ; she prevailed so much by these Artifices , that only two of the Nobility remained with the Regent , Iohn his base Brother , and Levingston his near Kinsman . All the rest past over to the Queen . This Solitude of the Regent's Court , and the Fulness of the Queen's , was a Signification to him , how all the Estates were alienated from him , hereupon he repented himself , and was glad to accept of those Terms , which he rejected before , only with this addition , That the Queen Dowager would procure them to be ratifi'd by the Three Estates in the next Parliament , and also by the Guarrantees in France . About the same time , Matters were very troublesome in England , by reason of the Death of King Edward the 6 th , a young Prince of high Expectation , by reason of his rare Ingenuity , and Propension to all kind of Virtue , which was both connate with him , and also cultivated by Learning and Study . At the beginning of the next Spring , the Nobility assembled at Sterlin , where , in a full Assembly , the Transactions with the Regent were confirm'd , which the Queen and Guarrantees had subscribed ; this Addition was also made , That the Regent should keep a Garison at Dunbarton : and , to compleat all , a Parliament was Indicted at Edinburgh , to be held the 10 th day of April , then next following , where all the Pacts and Agreements approved by the Guarrantees ( as hath been said ) were produced ; and when they were read , the Regent arose , and openly abdicated himself from the Magistracy , and gave up the Ensigns of his Government to D'Osel , who received them in the behalf of the Queen , who was absent ; and , by command , delivered them up to her , who received them by a general Consent ; and thus being advanced into the Regent's place , she was carried with great Ceremony through the City to the Palace in the Suburbs . And the Regent , who at his Entrance into the Parliament , was attended with a great number of the Nobility , and had the Sword , Crown and Scepter , carried before him according to Custom , now , being degraded , mixt himself amongst the Croud , in the Year 1559. This was a new Sight in Scotland , and never heard of before that day , that a Woman should be , by the Decree of the States , advanced to the Helm of Government . Though matters thus inclined to the French Interest , yet the Scots would never yield , that the Castle of Edinburgh should be garison'd by them ; if so , they feared if the Queen died without Issue , the French would then make it the Seat of their Tyranny ; so that 't was put into the Hands of Iohn Erskin , as an indifferent Person , who was to surrender it to None , but by the Command of the Estates . After this , when the State of the Publick seemed to be somewhat settled , the Queen-Regent ( as then she was called ) sent out George Gordon , Earl of Huntly , to apprehend Iohn Murderach , chief of the Family of the Mac-Reynalds , a notorious Robber , who had plaid many foul and monstrous Pranks : 'T is thought , that Gordon did not play fair in this Expedition , so that when he return'd , without doing the Business he was sent about , he was kept Prisoner till the time appointed for his Answer ; In the Interim , his Kindred excused him , and laid the Blame of the Miscarriage upon the Clanship of Catan : thus they spread false Reports amongst the Vulgar , for they gave forth , tho untruly , that the Macintoshes had spoiled the Design , by reason of their Animosity against the Gordons . This Hatred between these two Clans arose upon this occasion ; When the Queen prepared for her Expedition into France , Gordon kept William chief of the ‖ Catan-Family , as his Prisoner , a young Man well educated by the care of Iames Earl of Murray . There was no Crime prov'd against him , but only because he would not put himself under his Clanship or Clientele ; and besides , it turn'd to his Prejudice , that he was of Kin to Murray , as being his Sister's Son. Gordon , having thus provok'd the Young-man , did not think it safe to vouchsafe him his Liberty , and so leave him behind him , neither could he find sufficient cause to put him to Death . And therefore he , by means of his Friends , persuades the Young-Man , who was not versant in such ill Arts , to commit his cause wholly to him . For by this means , Gordon's Honour , and his own Safety might be secured . Gordon , being thus made Master of the Life and Death of his Enemy , dissembled his Anger , and deals with his Wife , to put the Young-man to Death in his absence ; for , by this means , he thought to cast off the Odium of the Fact upon her : but it fell out quite otherwise ; for all Men knew the paultry Disposition of Gordon ; and they were as well satisfi'd in the Integrity of his Wife , who was a choice Woman , and had carried her self like a Regular and Noble Matron in all the rest of her Life , so that every Body was satisfied that Gordon was the Author of that Counsel to his Wife . Gordon being thus in Prison , the Queen Regent's Council were of different Opinions as to his Punishment ; some were for his Banishment during some Years into France ; others for putting him to Death . But both those Opinions were rejected by Gilbert Earl of Cassils , the chief of his Enemies . For he , foreseeing by the present State of things , that the Peace betwixt the Scots and French would not be long-liv'd , was not for his Banishment into France , for he knew a Man of so paultry a Spirit , and so revengeful of those who did scandalize or emulate him , would in the War , which the Insolency of the French was like speedily to occasion , be as a Firebrand and a Commander for the Enemy . And he was more against his putting him to Death , because he thought no private offence worthy of so great Punishment , as to inure the French to spill the Blood of the Nobility of Scotland . And therefore he went a middle way , that he should be fin'd and kept in Prison , till he yielded up the Right , which he pretended to have over Murray . And that he should suffer all the Royal Revenues , arising out of the Orcades , Schetland Isles , and Mar , to be quietly gathered by such Collectours , as the Queen-Regent did appoint , and he himself should not meddle with any of the Publick or Regal Patrimony ; and likewise surrender up his Presidency over some Juridical Courts , which did bring him in great Profit . Upon these Conditions , he was dismiss'd , and having thus addulc'd the Mind of the Regent , and those that could do most with her , at last he was admitted into the Privy Council . In the mean time , all Court-Offices , which had any thing of Gain to move Competitorship , were , by Gordon's Advice , given to Strangers , on purpose that he might breed a Disgust betwixt the Queen Regent , and the Nobility of Scotland , and so take Delight , though not an honest or creditable one , in their mutual Contest , and destroying one another ; and the Earl of Cassils , who foresaw this Tempest before it came , began now to be accounted as a Prophet . After this , Matters were quiet till Iuly , in the Year 1555. and the Queen-Regent having gotten this respite from War , apply'd her self to rectify the Disorders of the State : She went to Inverness , and held publick Conventions in the Nature of Assizes , in all accustom'd places , wherein many Disturbers of the publick Peace were severely punish'd ; she sent Iohn Stuart , Earl of Athol , against Iohn Murderach , to effect that which Gordon , in his Expedition , had failed in . He , besides that Fortitude and Constancy , ( Virtues proper to him ) was also so prudent and successful , that he took him , his Children and whole Family , and brought them to the Queen . But Murderach being impatient of sitting still , or else excited by the sting of an evil Conscience , deceiv'd his Keepers , scap'd out of Prison , and fill'd all places again with Blood and Rapine . The Regent hearing of this , was forced to undertake a Voyage , sooner than she determined , to bring him and other Malefactors to Justice ; which having done , she returned ; and , in a publick Assembly , restored some of those who slew Cardinal Beton , that were popular Men , ( whom the late Regent had banish'd ) from their Exile ; by which Fact of hers , she procur'd not so much applause , as she did Ill-will from the many new Taxes she devised . It was thought , that D'Osel , Ruby , and those few French about the Regent , put Her upon those new Projects to raise Mony , i. e. that Mens Estates should be survey'd and registred in Books made for that purpose , and that every one should pay yearly a certain Sum tax'd upon him out of it , into a Treasury to be set apart for that end , as a Fund for War ; for , with that Mony , thus kept in a peculiar Treasury , Mercenary Souldiers were to be raised to guard the Borders , and so the Nobility might remain quiet at home , except some great Invasion were made by the Enemy , which an ordinary Force could not resist . The poorer sort were much aggrieved at this new pecuniary Imposition , and inveigh'd openly against it with bitter Words ; but the greatest part of the Nobles kept their Disgust within their own Breasts , every one fearing , that if he should first oppose the Will of the Queen Regent , the whole Envy of the Refusal would fall upon him , alone . But the next Rank of People were as angry with the Nobles , for betraying the publick Liberty by their Silence , as they were with the Queen ; and thereupon about 300 of them met together at Edinburgh , and chose Iohn Sandeland of * Calder , and Iohn Weems , out of their whole Body , and sent them to the Queen-Regent , to represent to her the Ignominy in paying this Tax , and therefore they desired it might not be sessed nor levied upon them , because of their Poverty , both publick and private ; and also to inform her , how their Ancestors had not only defended themselves and their Substance against the English , when much more powerful than now they are , but also had made often Inrodes into England ; and that themselves had not so far degenerated from their Ancestors , but that they were willing to lay down their Lives and Fortunes for the Good of their Country , if need required . And as for the levying of Mercenary Auxiliaries , that 't was a matter full of Danger , to commit the State of Scotland to Men , without either Lands or Hopes , but who would do any thing for Mony ; and , if occasion were offered , their profound Avarice would invite them to attempt Innovations , so that their Faithfulness hung only on the Wheel of Fortune : but suppose , they were well qualified , and had a greater Love to the Country , than Respect to their own Condition , yet was it likely , nay , was it not incredible , that Mercenaries should fight more valiantly , to defend the Estates of others , than the Masters of them would do , each Man for his own ? Or , that a regard to a small Stipend or Pay , which was likely to cease in time of Peace , would raise up greater Courage in the Minds of the Ignoble , than in the Nobility , who sought every Man for his Fortune , Wife , Children , Religion and Liberty ? Besides , this Project ( said they ) concerns the very Vitals of the Scotish Empire , and 't was a thing of greater Consequence , than to be debated at this time , and in this Age of our young Queen ; for , if 't were granted , it could be effected without any Sedition , yet this new way of managing a War , is both useless , and also much feared and suspected by the most , especially since , out of the Tribute of the Scots , Men none of the richest , Mony enough could hardly arise to maintain a Guard of Mercenaries , for the Defence of the Borders ; and therefore 't was to be feared , that the Event of this Counsel would be , to open the Door of the Borders to the Enemy , not to shut it . For if the English , living in a richer Kingdom , should erect a fuller Treasury for that use , there was no doubt , but they might maintain Forces , double to ours with less Grievance to their own People ; and then they would break in , not only upon the Borders , but even into the very Body of the Kingdom . The other part of their Oration , I know not , whether it be not better to suppress in Silence , than to declare it amongst the Vulgar : some Mutterings there were ; Who will collect this Mony ? What great part of it must necessarily be expended upon Distrainers and Treasurers , as a Reward for their pains ? Who will undertake that it shall be spent for publick Uses , and not on private Luxury ? 'T is true , the Probity and Temperance of our noble Princess , who now rules , gives us great Hope , yea Confidence , that no such thing will be ; yet , if we consider , what hath been done by others abroad , and by our selves at home , we cannot contain or so govern , our selves , but must needs fear , that what hath once been done , may possibly be done again . But to let these things pass , which perhaps we have no cause to fear ; let us come to that , wherein our Ancestors plac'd their greatest hope of Defence , to maintain their Liberty against the Arms of an overpowring Enemy . There was no King of Scotland ever judg'd wiser than Robert the first of that Name , and all confess , he was the most valiant . He , at his Death , as he had often done in his Life , out of a Prospect to the good of his Subjects , gave this advice , That the Scots should never make a perpetual Peace , no nor One for any long time , with the English. For he , out of the Wisdom of his own Nature , and also by his long Experience , and Exercise under both Conditions , prosperous and adverse , knew well enough , that , by Idleness and Sloth , the Minds of Men would be broken with Delights and Blandishments of Pleasures , and their Bodies also grow languid ; for when severe Discipline and Parsimony is extinct , Luxury and Avarice do grow up as in a Soil untill'd , accompany'd also with an Impatience of Labour , and a Slothfulness , occasioned by continu'd Ease , averse from and hating a military Life ; by which Mischiefs , the Strength of Body and Mind , being enervated and weakned , doth abandon Virtue , which is exercised by Sufferings , and that a short and unaccustomed Ease and Pleasure is over-ballanced by some notable Calamity to ensue . Upon this Oration , the Queen-Regent , fearing an Insurrection , if she had persisted in her opinion , remitted the Tribute , and acknowledg'd her Error ; 't is reported , she was often heard to say , that it was not Her self , but no obscure Men of the Scots themselves , who were the Authors and Architects of that Design : By those Words , some thought she meant Huntly , a Man fierce of his own Disposition , and newly released from Prison , and , as it seems , more mindful of the Injury of his Imprisonment , than of the respect shewed in his Deliverance . And therefore when he saw , that the Regent was intent upon this one thing , to accustom the Scots to pay Tribute , fearing that thereby her Power would increase , and the Authority of the Nobility would be weakned and infring'd ; in regard she , being a Foraigner , sought to bring all things into the Power of her own Country-men , it was thought he gave this Counsel to her which suited well with her Mind , as to the raising of Mony , which she was then about ; for otherwise , the advice was plainly Destructive , Hostile and Pernicious ; for he knew well enough , that the Scots would not pay such great Taxes , neither would they be as obedient Subjects , as they had been before ; some thought , that David Painter , Bishop of Ross , found out this way of Tax , for he was a Man of a great Wit , and learned besides ; he had receiv'd many Courtesies from the Hamiltons , and was a Friend to their Family and Designs . The next year , which was 1557 , whilst the Embassadors of Scotland were treating about Peace at Carlisle , the King of France sent Letters to Scotland , to desire the Regent to declare War against England , according to the League . The Cause was pretended to be , because the Queen of England had assisted Philip of Spain her Husband , who was ingag'd in a fierce War against France , by sending him Aid into Belgium . The English Embassadors return'd , without confirming any settled Peace or War either ; whereupon the Regent call'd together the Nobility at the Monastry of * Newbottle , where She declar'd to them the many Incursions the English had made upon Scotish Ground , what Preys they had taken , and when Restitution was demanded , none was made , so that She desir'd the Scots to denounce War upon England , both to revenge their own Wrongs , and also , by the same labour , to assist the King of France ; yet she could not prevail with the Nobility to begin first ; and therefore by the advice , as 't is thought , of D'Osel , she brought about the matter another way ; She commanded a Fort to be built at the Mouth of the River † Aye , against the sudden Incursions of the English , wherein also she might safely lay up great Guns and other Necessaries for War , as in a safe Magazine ; from whence she might fetch them upon occasion , and so save labour of carrying them from the remoter parts of the Kingdom , whereby much time would be spent ; and , besides the troublesomeness of the Carriages , opportunity of Action would be lost . These Conveniencies were visible enough , but she had another Reach in it , she knew , that the English would do their utmost to hinder the Work , and not suffer a Garison to be erected under their Noses , so near Berwick : Thus the Seeds of War ( which she desired ) would be sown , and the fault of taking up Arms cast upon the Enemy : And the Event answered her Expectation . For the Scots , being provoked by the wrongs of the English , whilst they were compell'd to defend their own Borders , easily assented to the Regent's desire , to make War upon England ; whereupon the Embassadors sent into England , to make a Peace , were call'd back , a Proclamation was made , and a Day appointed for a general Rendezvouz at Edinburgh ; when the Camp was form'd at * Maxwel Heugh , and the Council had not yet decreed any thing concerning the manner of carrying on the War , they , who were forward to gratify the Regent , and to oblige the French , ran up and down plundering about Werk Castle , scituate in the Borders of England : D'Osel had brought some French Troops thither , and some Ordnance , as many as he thought were sufficient to take in the Castle , and he carried them over the Tweed , without staying for the Order of the Council , which did highly incense the Scots Nobles against him ; for , by his so doing , he seem'd to aim at the Vindicating the whole Honour of such an Expedition to Himself rather than to his Master , and also to make the Scots to be obnoxious to , and under , his Command , who were wont to have the chief Command themselves . Thus the Scots were mightily offended , that they were so slighted by a private Man , and a Stranger too , so as to be led by the Nose by him , without so much as asking their Opinions , as was formerly wont to be done ; so that by doing things of his own Head , without consulting the Nobles , he had arrogated more to himself , than ever any of their own Kings had done . Hereupon , the matter was deliberated in Council , where it was unanimously agreed , that they would not venture the strength of the Kingdom against an Enemy , at the humour of every private Person ; especially , seeing they were never wont to obey their own lawful Princes in that Case , but after Matters had been open'd and seriously debated in Council , before they were resolv'd upon ; and therefore Osel's Imperiousness in the Case was nothing else but an Essay , to try , how capable they were to bear the yoke of Slavery ; Whereupon , they commanded Osel to draw back the Ordnance , and if he refus'd , he should be punish'd as a Traitor . The Queen-Regent , and Osel himself , did highly resent this Affront ; The Regent thought , that her Majesty was impair'd thereby ; and the other , that his Master's Honour ( whose Embassador he was ) was concern'd : but they being the weaker , were forc'd to yield for the present ; and there seemed no remedy to occur , but that the Queen of Scots , who was now marriageable , should marry the Dauphin as soon as conveniently it could be effected ; for then the Wife , being in the Power of her Husband , the Authority of the Council would be much lessened . During that Winter , there were various Excursions made , and with different Success , but One was most memorable at the foot of the Cheviot-hills , where a fight was maintain'd a long while , between the Duke of Norfolk and Andrew Carr , the Victory was a long time doubtful , but at last inclin'd to the English , and Carr was taken Prisoner , many brave Men being wounded on both sides . Hereupon , an Assembly was Indicted at Edinburgh , to be held in October , to hear the Letters sent from the French King. In them , after a prolix Enumeration of the ancient Leagues betwixt them , and their mutual Obligations one to another , he desir'd the Scots Parliament , that a choice might be made of fit Persons , out of all the Three Orders , with ample Commission , who , in regard his Son , the Dolphin , about the end of December , was entring upon the Year fit for Marriage , according to the Law , might be sent Embassadors to conclude the Marriage , which was almost already made , ( for the Queen of Scots had been transported over into France , upon that hope ) and so the Two Nations , which were anciently Confederate , would now coalesce into one Body ; and the old Friendship , betwixt both People , would be connected by an indissoluble Bond. This if they would do , he made them Magnificent Promises , that whatever fruits of Benevolence they did hope for from Allies , the same they might expect from him . Tho all the Scots knew , to what end this haste of the French King was directed , and that there were shortly like to be Disputes between them concerning their Liberties , yet they all came , in great Obedience , to the Indicted Parliament , where , without any much adoe , eight Embassadors were chosen , to go over into France , to finish the Marriage : Three of the Nobility , Gilbert Kennedy Earl of Cassils , George Lesly Earl of Rothes ; to whom was added , Iames Fleming Earl of * Commerland , chief of his Family . Three of the Ecclesiastical Order , Iames Beton Arch-bishop of Glasgow , Robert Read , Bishop of the Orcades , and Iames Stuart , Prior of the Monast'ry of St. Andrews and the Queen's Brother , and Two of the Commons , George Seaton , because he was Governour of Edinburgh , and Iohn Areskin Laird of Down or Din , Governor of * Montross , of a Knights Family , but comparable for Dignity , to any Noble Man. After they had set Sail , and were yet on the Coast of Scotland , they were toss'd with a very high Wind ; and being farther at Sea , they met with such a grievous Tempest , that Two of the Ships were Sunk , not far from Boloign in France , a Town of the Morini . The Earl of Rothes and the Bishop of the Orcades were carry'd to Land in a Fisher-boat , and were the only Two that escap'd of all the Passengers therein . The rest of the Fleet , having long combated with the Waves , at length arriv'd in other lesser Ports of France , where , when all the Embassadors were again met , they hasten'd to Court. There they began the Treaty about the Marriage ; all yielded to it , but the Guises were mighty forward to have it hasten'd , both because they judg'd that Affinity would be a great accession of Authority to their Family , as also because opportunity seem'd to favour their Design , in regard Annas Duke of Momorancy , who was esteem'd the wisest of all the French Nobility , and who was most likely to oppose the Match , was a Prisoner of War. He indeed was not willing the matter should be so precipitated , as for many other Causes , in the Judgment of many , very just and considerable ; so , because the Power of the Guises ( which was suspected by the Wise , and began to be intolerable to all ) might not grow to that height , as to be unsafe for Kings themselves . For of the five Brothers of the Guises , the eldest was Captain General of all the Forces , which serv'd in France . The next was sent into † Liguria to Succeed Charles ‖ Cosseus ; The third was transported over into Scotland , with some Supplies , to command the Army there ; The fourth had the Command of the Gallies at Marseilles . And all Mony-matters pass'd under the Hands of Cardinal Charles ; so that neither Souldier nor Souz could wag in all the Territorys of the French King , without their Approbation and Good liking ; some Men did commiserate the Fortune of the best of Kings , and it brought into remembrance the Condition of those Times , when , by reason of Court-Factions , the Kings of France have been shut up in Monast'ries , as in places of a milder Banishment . The Court , for some time , being transported with these nuptial Revels , when they came to themselves , call'd the Scots Embassadors into the Council , where the Chancellor of France dealt with them to produce the Crown , and the other Ensigns of the Kings , and that the Queen's Husband should be created King of Scotland , according to Custom . To whom the Embassadors answer'd , in short , That they had receiv'd no Commands concerning those Matters . The Chancellor reply'd , That no more was desir'd of them at present , than what was in their Power , viz. That when these Matters came to be debated in the Parliament of Scotland , that they would give their Suffrages in the Affirmative , and give it under their Hands , that they would so do . That demand seem'd to be fuller of Peremptoriness than the former , and therefore they thought it best to reject it with great vehemency and disgust . Insomuch that their Answer was , That their Embassy was limited by certain Instructions and Bounds , which they neither could , nor would , transgress , but if they had been left free from any restriction at all , yet it was not the part of faithful Friends , to require That of them , which they could not grant without certain Infamy and Treachery , tho there were no danger of Life in the Case ; That they were willing to gratify the French , their old Allies , as far as the just Laws of Amity requir'd , and therefore they desir'd them to keep within the same Bounds of Modesty , in making their Demands . Thus the Embassadors were dismiss'd the Court ; and tho they hasten'd home , assoon as they could ; yet , before they went a Ship-board , four of the chief of them , Gilbert Kennedy , George Lesly , Robert Reed , and Iames Fleming , all very virtuous and true Patriots , departed this Life , as also did very many of their Retinue , not without suspicion of Poison . It was thought , that Iames , the Queen's Brother , had also taken the same Dose , for , altho by reason of the Strength of his Constitution and his youthful Age , he escap'd Death at that time , yet he lay under a dangerous and constant weakness of Stomach , as long as he liv'd . That Summer , Matters were at that dubious pass in Britain , that there seem'd rather to be no Peace , than a War : For there were Skirmishes on both sides , Preys driven , and Villages burnt ; Incursions were mutually made , and not without Blood : Two of the Nobility of Scotland were carry'd away Prisoners by the English , William Keith , Son to the Earl of Merch ; and Patrick Grey , chief of a Family ( so call'd ) amongst the Scots ; the rest of the Military damages fell upon mean Persons . About the same time , the English sent a Fleet under the Command of Sir Iohn Clare to infest the Coasts of Scotland , they came to the Orcades , intending there to Land , and to burn Kirkwall , a Bishops See , the only Town in that Circuit : When they had made a descent with a good part of their Force , a fierce Tempest suddenly arose , which carry'd their Ships from the Coast into the Main , where , after a long contest with the Winds and Waves , they at length made Sail for England back again : They which were put a Shore , were every one Slain by the Islanders . This year , and the year before , the Cause of Religion seem'd to lie Dormant , for it being somewhat crush'd by the Death of George Wiseheart , one Party accounted themselves well satisfy'd , if they could worship God in their own Tongue , in private Assemblies , and dispute soberly concerning Matters of Divinity ; and the other Party , after the Cardinal was slain , shew'd themselves rather destitute of an Head , than undesirous of Revenge ; For he who succeeded in his Place , did rather covet the Mony than the Blood of his Enemies , and was seldom Cruel , but when it was to maintain his Licentiousness , and to expend on his Pleasures . In April , Walter Mills , a Priest , none of the most learned , was yet suspected by the Bishops , because he left off to say Mass ; whereupon he was haled to their Court. Though he was weak by Constitution of Body , and Age , extream Poor , and also brought out from a nasty Prison , and lay under such high Discouragements ; yet he answer'd so stoutly and prudently too , that his very Enemies could not but acknowledg , That such greatness and confidence of Spirit in such an enfeebled Carkase , must needs have a support from on High. The Citizens of St. Andrews were so much affected at the wrong done him , that there was none found who would sit as Judg upon him , and all the Tradesmen shut up their Shops , that they might sell no Materials toward his Execution , which was the Cause of his Reprieve , for one day more than was intended . At last one Alexander Somerval , a Friend of the Archbishop's , was found out , a naughty Fellow , who undertook to sit as Judg ▪ upon him , for that Day . This is certain , the Commonalty took his Death so hainously , that they heap'd up a great Pile of Stones in the Place , where he was Burnt , that so the Memory of his Death might not end with his Life . The Priests took Order , to have it thrown down for some Days , but still as they dissipated it one Day , it was rais'd up the next , till at last the Papists convey'd the Stones away to build Houses with , about the Town . Iuly the 20 th , was the day appointed by the Bishops for Paul ‖ Meffen , an eminent Preacher of God's Word in those days , to come to his Answer . There was a great Assembly of the Nobles at the time , so that the Matter seem'd to tend towards a Tumult ; whereupon the Process was deferr'd to another time , several were condemn'd , but it was of those which were Absent ; who , that they might not be terrify'd with the severity of the Punishment , were commanded to come in by the 1 st of September , and pardon was promis'd them , if they recanted . The same 1 st of September was St. Giles day , whom the Inhabitants of Edinburgh do venerate as their Tutelar God , carousing to him in great Goblets , and making high Entertainments for their Neighbours and Guests . The Regent , fearing , lest in such a confus'd Rable , some Tumult should arise , was willing to be present her self at the Wake . The Papists were very glad of her Coming , and easily persuaded her to see the Show and Pageant , wherein St. Giles was to be carried about the City ; but St. Giles , alas ! did not appear , for he was stol'n out of his Shrine by some body or other . However , that St. Giles might not want a Pageant , nor the Citizens a Show upon such a Festival Day , there was another young Gilesling ( forsooth ) set up in his room . After the Regent had accompanied him thro the greatest part of the Town , and saw no danger of any Insurrection , she retired , weary as she was , into an Inn to repose her self . But presently , the City-Youths pluck'd down the Picture of Giles from the Shoulders of those who carried him , threw him into the dirt , and spoiled the Glory of the whole Pageantry . The Priests and Friars , running several ways for fear , created a belief of a greater Tumult ; but when they had understood , that there was more Fear than Danger in the thing , and that the whole Matter was transacted without Blood , they crept again out of their holes , and gathered themselves together to consult about the main Chance ; where , though they were quite out of hopes to recover their ancient Repute , yet they dissembled Confidence , as if their former Power had remained : And to try how to retrieve their Affairs in so desperate a Case , they sought to strike Fears into their Enemies , and appointed a Convocation to be held at Edinburgh , November 8. When the Day of their Convening came , the Priests met in the Church of the Dominicans , and there cited Paul Meffen by Name , whom in a former Assembly they had commanded to appear ; he , not appearing , was banish'd , and a grievous Punishment denounc'd on those , who should receive him into their Houses , or supply him with any Necessaries , to support his Life . But that Commination did not terrify the Inhabitants of Dundee from doing their Duty , for they supplied him with Provision , and harbor'd him from one House to another ; yea , and they dealt with the Regent , by some Men who were gracious at Court , that his Banishment might be remitted ; but all the Priests mightily withstood it , and besides , they offered a great Sum of Mony to hinder it , so that nothing could be done . Whilst these things were acting , some eminent Persons , especially of Fife and Angus , and some chief Burgers of several Towns , travell'd over all the Shires of Scotland , exhorting all the People to love the sincere preaching of the Word , and not to suffer themselves , and their Friends of the same Opinion in Religion with themselves , to be oppress'd and destroy'd by a small and weak Faction , alledging , if their Enemies would transact the Matter by Law , they should easily cast them ; but if they chose Force rather , they were not inferior to them . And they had Schedules , or writing Tables , ready , for those who were pleased therewith to subscribe their Names : These first assumed the Name of a Congregation , which was made more famous afterwards by Those , who joined themselves thereto . These Assertors of the purer and Reform'd Religion , foreseeing that Matters would soon come to some Extremity , by joint Consent determin'd to send some Demands to the Queen , which unless they were granted , there was likely to be no Face of a Church ; neither could the Multitude be restrained from Insurrection . They chose Sir Iames Sandeland of * Calder , a worthy Knight , venerable both for his Age , and for his well-spent Life , to carry their Desires to the Regent , who open'd to her the necessity of sending such a Message , and requested , in the Name of all who stood for the Reformation of Religion , That all publick Prayers and the Administration of the Sacraments should be celebrated by Ministers in their Mother-Tongue , that all People might understand them ; That the Election of Ministers , according to the ancient Custom of the Church , should be made by the People ; and That they who presided over that Election , should enquire diligently into the Lives and Doctrines of all that were to be admitted ; and , if by the negligence of former Times , unlearned and flagitious Persons had crept into Ecclesiastical Dignities , That they might be removed out of the Ministry , and fit Persons substituted in their places . The Priests were even mad , and storm'd mightily , that any Man durst to appear and own so impudent a Fact , as they call'd it ; but when their Heat was a little allay'd , they answer'd , that they would refer the Matter to a publick Disputation ; and indeed , what danger could there be in That , when they themselves were to be Judges in their own Case ? On the other side , the Sticklers for the Reformation alleged , That the Matter ought not to be determined by the Wills of Men , but by the plain Words of Holy Scripture . The Priests propounded also other Terms of Agreement , but such ridiculous ones , that they are not worthy of an Answer , as , If the Reformers would keep up the Mass in its ancient Honour , if they would acknowledg Purgatory after this Life , if they would yield to pray to Saints , and for the Dead , that then they would also yield , that they should pray in their Mother-Tongue , and celebrate the Sacraments , Baptism and the Lord's Supper , in the same . The Reformers pressed the Regent , ( as before ) that , in so just a Cause , she would please to gratify them with an Answer , agreeable to Equity and Reason . The Regent favoured the Cause of the Priests , and secretly promised them her Assistance , as soon as opportunity was offered . And she commanded the adverse Faction to use Prayer , celebrate the Sacraments , and perform other Religious Exercises in their Mother-Tongue , but without Tumult , only their Teachers were not to make any publick Sermons to the People at Edinburgh or Leith . Though this Condition was carefully observ'd by them , yet many Testimonies , that her Affection was alienated from them , did daily appear ; and the Papists at Edinburgh us'd almost the same Answers to the Demands which were brought in by the Nobility , only this they added farther , That as to the Point of electing Ministers , in such kind of Questions , they were to stand to the Canon-Law , or to the Decrees of the Council of Trent . Neither did they , in that Assembly , determine any thing in their own Matters , only they commanded the Bishops to send secret Informers into all Parishes of their Diocesses , who were to take the Names of all the Violators of the Papistical Laws , and bring them in to them ; and though they plainly perceived , that their Threats were little esteemed , yet , trusting to the publick Authority which was on their side , and having Confidence in the Arms of France , they insulted over their Inferiours as imperiously , as ever they did before . To mitigate their Minds in some sort , and to deprecate their severe and bitter Sentence against the Preachers of the Gospel , Iohn Erskin , Lord of Down , a Man learned , good and courteous , was sent to them ; he intreated them , out of that Piety , which we all owe to God , and Charity towards Men , that they would not think it much , at least , to tolerate People to pray to God in their Mother-Tongue , when they were met together for that Service , for That was according to Scripture-Command . They were so far from granting his Request , that they us'd him with more bitter and arrogant Words than formerly , adding also more cruel Threatnings and Reproaches ; and , lest they might seem to have acted nothing in that Assembly , they caused some thread-bare Popish Laws to be printed , and fastned upon the Doors of Churches , which , because they were commonly sold for a Groat , the Common People called them the Quadrantary , and sometimes the Triobolar , Faith. Moreover , they , who the Year before , had perform'd the Embassy in France , came into the Assembly , and easily obtained , That their Transactions should be ratified : And after that , the French Embassador was introduc'd , who , after he had made a long Oration concerning the ancient and long-continued good Will of the French Kings toward all the Scotish Nation , did earnestly desire of them all , both singly and jointly , that they would set the Crown ( which he , by a new and monstrous Name , call'd Matrimonial ) upon the Head of the Queen's Husband , alleging , that he would gain but an empty Name , without any accession of Power or Profit ; he also us'd many other flattering Words , not necessary here to be repeated , which , the more accurate they were in a trifling business , by so much the more they were suspected , as Coverts of concealed Fraud ; yet the Embassador , partly by immoderate Promises , and partly by earnest Intreaties , and partly by the Favour of some , who collogued with the future Power , gain'd the Point , that the Crown was ordered for the Daulphin ; and Gilespy Cambel , Earl of Argyle , and Iames the Queen's Brother , were chosen to carry it to him . These Persons , perceiving , that they were sent abroad to their own Ruin , in regard the French Ambition hung as a Storm ready to fall upon all their Heads , made no great haste to fit up their Equipage , but deferred their Preparation from day to day , until they had ponder'd all things , and taken surer measures of what was likely to ensue , especially since now a nearer and eminenter degree of Honour offered it self . For Mary , Queen of England , being dead , the Queen of Scots carried her self as her Heir , and bore the Arms and Ensigns of England , engraving the same on all her Housholdstuff , and domestick Furniture ; and though France was at that time miserably distressed in asserting their Power and Dominion over Milain , Naples and Flanders , yet , she added to the rest of her Miseries this Mock-Title of England . The wiser sort of the French saw this well enough , but they were forc'd to comply with the Guises , who then could do all at Court , for by this vain kind of Splendor , they thought to add much to the French Name . Besides , the Regent having receiv'd the Decree concerning a Matrimonial Crown , seem'd to have put on a new Disposition , for she turn'd her ancient Affability , which was acceptable to all , into an Imperious Arrogance ; and instead of gentle Answers , wherewith before she did addulce both Factions , as , That it was not long of her , but of the Times , that she could not promise so largely as she desir'd , before that Decree was past ; now she thought her self cock-sure , and therefore us'd another kind of Language and Deportment . A Parliament was summoned to be held at Sterlin , May 9. and whereas she had often said , that now she was free from other Cares , she would not suffer the Majesty of the Government to be debased , but that she would indeavour to restore it to its ancient Veneration , by some eminent Example . These Words portended a Storm insuing , and therefore many applied to her for her Favour , and , amongst the rest , to make their Request more exorable , upon the account of the Dignity of the Messengers , Alexander Cuningham , Earl of Glencarn , and Hugh Cambel Sheriff of Air , a worthy Knight , were sent to her . When they came , she could not contain her self , but must needs utter this Speech , as a Witness of her Impiety , Do you , and your Ministers , what you will or can , yea , though they preach never so sincerely , yet they shall be banish'd the Land. They replied , in great Humility , That she would call to mind what she often promised them : She answer'd , That the Promises of Princes were no further to be urged upon them for performance , than it stood with their Conveniency : Whereupon they rejoin'd , That then they renounced all Allegiance and Subjection to her , and advised her to consider , what Inconvenience was likely to ensue hereupon ; she was unexpectedly struck with this Answer , and said , She would think upon it . And when the fierceness of her Anger seemed somewhat to abate , it was again kindled much more fiercely , as by a new Firebrand , when she heard , that the Inhabitants of St. Iohnstons had publickly embraced the Reformed Religion ; whereupon , she turned to Patrick Ruthen , Mayor of the Town , commanding him to suppress all those Tumults for innovating of Religion ; his Answer was , That he had Power over their Bodies and Estates , and those he would take care should do no hurt , but that he had no Dominion over their Consciences : At which Answer , she was so inrag'd , that she said , she hoped none would think it strange , if he were shortly made to repent his stubborn Audacity ; she also commanded Iames Haliburton Sheriff of Dundee , to send Paul Meffen Prisoner to her , but he was advised thereof by the Sheriff , and so gave way to the Time , and slipp'd out of the Town ; she wrote also to the Neighbour-Assemblies to keep the Easter following after the Popish Manner ; but when none obeyed her therein , she was so inrag'd , that she cited all the Ministers of the Churches of the whole Kingdom to Sterlin , to appear there on the 10 th of May ensuing . When that Matter came to be noised abroad , the Evangelicks exhorted one another , that they and their Ministers would also appear at the Meeting , so that there was a great Multitude of those that were likely to be at that Assembly , which though they came unarmed , yet the Regent feared , that things would not go well on her side ; whereupon she sent for Iohn Erskin of Down , who happened to be in Town at that time , and dealt with him to cause the unnecessary concourse of the People to withdraw , which would not be very difficult for him to do , because of the great Authority he had amongst them , and , in the mean time , she promised , she would act nothing against the Men of that Persuasion . Many there were , who being made acquainted with this Promise of the Regent , changed their purpose of going thither , and returned home , yet nevertheless , she , on the day appointed for the Assembly , call'd over the Names of These , who were summon'd , and such as did not answer to their Names , she outlawed : Erskin , seeing what little Credit was to be given to her Promises , and fearing to be seized on by Force , had withdrawn himself , and found the Nobles of Strathearn , Angus and Merns , yet in a Body , though doubting of the Faith of the Queen : They , finding by his Discourse , ( what they suspected before ) that the Queen's Rage was unappeaseable , and that the Matter could no longer be dissembled , prepared themselves against open Force . Matters standing in this ticklish Posture , Knox assembled the Multitude at Perth , and made such an excellent Sermon to them , that he set their Minds , already moved , all in a Flame . After Sermon , the greatest part of the Audience went home to Dinner , but a few of the meaner sort , such as were also inraged with Anger and Indignation , staid behind in the Church . Amongst them a poor Priest , thinking to try , how they stood affected , prepared himself to say Mass , and drew out a large Frame , or rather Idol-case , in which was contained the History of many Saints , curiously ingraven . A Young-Man standing by , cried out , That what he did , was intolerable , upon which the Priest gave him a Box on the Ear , the Youth took up a Stone , and thinking to hit the Priest , the Blow lighted on the Frame , and brake one of the Pictures ; the rest of the Multitude , being in a Rage , some fell upon the Priest and his Frame , others upon the rest of the Shrines and Altars , and thus , as 't were in a Moment of time , they demolish'd all the Monuments of superstitious , or profane , Worship . These things were done by the meaner sort , while the richer were at Dinner ; with the same furious Violence , they ran several ways to the Monastery of the Friars , the rest of the common People still flocking in to them : And though the Friars had provided some Aid against such Assaults , yet no force was able to resist the rash Violence of the Multitude . The first assault was made upon the Idols and the Furniture for their Worship , and then the poorer sort ran into the Prey . The Franciscans were furnish'd with Housholdstuff , not only plentiful but stately , more than would serve ten times as many , as they were . The Dominicans , though not so opulent as they , yet had enough to evince their Profession of Begging to be a very vain one , so that one wittily called them not * Friars Mendicants , but Friars Manducants . The poor seized on all the Wealth , for they , who had Estates , did so stave off and prevent all Suspicion of Covetousness from themselves , that they suffered some of the Monks , and especially the Prior of the Carthusians , to depart away laden with Gold and Silver ; yea , the Abstinence of the military Men from Plunder was as incredible , as their Celerity in demolishing the Buildings was admirable . For those large Houses of the Carthusians were so hastily overthrown , yea , and the Stones carried away , that , within two days time , there was hardly the Sign of any Foundation left . When the Tidings of these Matters were brought to the Queen , with some Exaggerations , they so inflamed her lofty Spirit , that she solemnly swore , That she would expiate this nefarious Wickedness with the Blood of the Citizens , and with the burning of the City . The Inhabitants of Cowper in Fife , hearing of the Procedure of Affairs at Perth , they also , by general consent , either broke the Images , or threw them out of the Church , and thus cleansed their Temple : At which the Parson of the Parish was so grieved , that , the Night following , he laid violent Hands on himself . The Regent was amazed to hear this News , and sent for Hamilton , the Earls of Argyle and Athol , with their Allies and Clanships , to come to her ; and though she desired , by her hasty Proceeding , to prevent the Preparations of her Enemies , yet the Carriage of the Brass-Ordnance was so tedious , that it was about the 18 th Day of May , before they came to the parts adjoining to that City . When the Nobles that were at Perth , heard of the Preparations that the Regent had made against them , they also sent Messengers to their Friends , and to the Reformed all about , not to desert them in this last Extremity of Life and Fortune . Whereupon , all the Commonalty thereabout came zealously and speedily in , and some also out of Lothian , that they might not be wanting to the common Danger . But Alexander Cuningham , Earl of Glencarn , exceeded them all in his Force and Festination , for he , hearing , how things stood , gathered together 2500 Men , part Foot , part Horse , and led them on Night and Day , through rough and uncouth places , till he came to Perth . Iames Stuart , natural Son of the last King , and Gilespy Cambel , Earl of Argyle , were as yet in the Army of the Regent . For , though they were the chief Authors of Reforming Religion , yet because all hopes of Concord were not quite lost , they staid there : That so , if Peace might be made on just Terms , they might do some Service to their Friends ; but , if the Minds of the Papists were wholly averse from Peace , then they resolved to run the same hazard with the rest , at Perth . The Regent , being before inform'd by her Spies , that the Enemy were above 7000 strong , all very hearty , and resolved to fight , though she had with her almost an equal number of Scots , besides the French Auxiliaries , yet was loath to venture all upon a Battel . And therefore she sent Iames Stuart , and Gilespy Cambel , ( whom I named before ) to treat with the Enemy ; They , on their part , chose out Alexander Cuningham , and Iohn Erskin of Down , to treat with them . The Queen was now somewhat more placable , because she heard , that Glencarn had also join'd his Forces with the rest of the Oppugners of Idolatry . Whereupon the four Commissioners made an Agreement , That all military Men of the Scots should be disbanded on both sides , and the Regent should have Liberty to enter the Town , and stay there with her Retinue for a few days , till she had refreshed her self from the Toil of her Journy ; yet so , that they were not to injure any of the Towns-men in the least ; as for the French , none of them were to enter , or to come within three Miles of the Town ; all the other Differences were referred to the Decision of the next Parliament . Thus the present Insurrection being quieted without Blood , the Assertors of the Reformation departed joyfully , for they desired not to make a War , but only to defend themselves ; and thereupon they gave God Thanks , who had given an unbloody end to the War. The Earl of Argyle , and Iames Stuart , left the Regent at Perth , and went to St. Andrews , there to refresh themselves after their former Toiles . But she , the Volunteers being disbanded on both sides , having entred the place with a small Retinue , was honorably received , according to the Ability of the Citizens . The French Mercenaries passing by the House of Patrick Murray , an honest and worthy Towns-man , six of them , all levied their Pieces against a Balcony , out of which his whole Family looked to behold the Sight ; upon the Discharge , they killed only Patrick's Son , a Youth of thirteen Years of Age : The Body was brought to the Queen , and when she heard of what Family he was , she said , that the chance was to be lamented , and so much the rather , because it lighted on the Son , not on the Father ; but that she could not prevent , nor help , such casual Acccidents . This her Speech gave all to understand , that she would no longer stand to her Agreements , but till she had Force great enough to her Mind , and her Deeds confirmed the Truth of the Suspicion : For , within three days after , she began to turn all things topsy-turvy ; some of the Citizens she fined , others she banish'd , and chang'd their Magistrates , without any judicial Proceedings ; and , going to Sterlin , she left some mercenary Scots , under French Pay , in the Town to garison it ; whereby she pretended , she had not broken her Word , which was , that the City should be left free , and no French Man enter into it . When 't was objected to her , that , by the Agreement , all those were to be accounted French , who had sworn Fealty to the French King , then she had recourse to that common Refuge of the Papists , That Promises were not to be kept with Hereticks , but her excuse would have been as honest , if she told them , that she had no Obligation lay on her Conscience , but that she might lawfully take away both Life and Goods , from such a sort of People as they were ; and moreover , That Princes were not to be so eagerly pressed for the Performance of their Promises . These things sufficiently declar'd , that the Concord was no● like to be lasting ; and besides , the things which followed gave further occasion to conceive a sinister Opinion of her : For she prosecuted Iames Stuart , and Gilespy Cambel , with threatning Letters , and Commands , denouncing the extremity of the Law against them , unless they came in to Her : As for the Army of the adverse Faction , she disregarded That , because she knew , it was made up of Volunteers , and such as fought without Pay , and when they were dismiss'd , they would not easily be brought together again . After she had restor'd the Mass , and setled other things , as well as she could , she left a Garison in the Town , as I said before , and went towards Sterlin : she was very desirous to have the Possession of that * Place , in regard 't was scituate almost in the Middle of the whole Kingdom , and was the only walled Town therein ; and besides , the neighbouring Nobility was averse from the Papists , and therefore she desir'd to put this Curb upon them . Moreover , it had many conveniencies , and especially for conveyance of Land or Sea-Forces , for the Tide comes up thither by the River Tay , which washeth the Walls thereof , and so it affords passage for Commerce with foreign Nations , and 't is almost the only Town , to which access may be had by Land , even from the utmost bound of the Kingdom : As for other Towns , the passages to them are impeded and intercepted by long Bayes , running in from the Sea , and the passage is slower through them , by reason they have not that Number of Ships as to carry a great multitude at once ; so that oft-times Passengers are stopt many days by contrary Winds , or by the violence of Tempests . For these Reasons , Perth is accounted the most convenient Place , for holding Assemblies , and also for gathering Forces from all Parts of the Kingdom . But at that time , the Regent got not so much advantage by the commodious Scituation of the Place , as she reap'd Envy , by violating her Faith , in breaking her Capitulations ; for that was the Last day of her Felicity , and the First , wherein she was publickly contemn'd . For when the matter came to be divulg'd , it gave occasion of many Insurrections in all parts of the Kingdom . For the Earl of Argyle , and Iames Stuart , perceiving , that their Credit was crack'd by the Violation of that Truce , which they were the Authors of , convocated the Neighbour-Nobility at St. Andrews , and join'd themselves to the Reform'd , and wrote to their Confederates of the same Sect , that the Regent was at Falcoland with French Forces , and that she was intent on the taking of Cowper and St. Andrews , and unless help were presently sent , all the Churches in Fife would be in great danger . Whereupon , a great multitude came presently in to them from the neighbouring Parts , mightily inrag'd against the Queen and her Forces . They thought themselves to wage a War against a faithless and barbarous People , that had no respect to Equity , Right , Faith , Promises , or the Religion of an Oath , but esteem'd so lightly of them , that they would say and unsay , do and undo , at every waving blast of hope , and uncertain gale of smiling Fortune ; and therefore , for the future , no Conditions or Articles of Peace were to be hearkned to , unless one Party were extinguish'd , or , at least , Strangers were driven out of the Kingdom , so that they prepared themselves to overcome , or die . By these and such like Speeches , the Minds of all present were so inflam'd , that first of all they made an assault on Carail , a Town scituate in the furthest Angle of Fife , where they overthrew the Altars , broke down the Images , and spoil'd all the Apparatus of the Mass-Trade , and that which was almost incredible in the Case , Anger prevail'd more in the Minds of the Vulgar , than Avarice . From thence they went to St. Andrews , where they spoil'd the Temples of the other Saints , and levell'd the Monast'ries of the Franciscan and Dominican Friars to the Ground . And though all this was done , almost under the Nose of the Arch-bishop , who had a sufficient Number of Horse , which were able , as his hopes were , to defend the Town ; yet , seeing the eagerness of the People , and such a numerous concourse of Volunteers , he withdrew himself and his Followers from the Fury of the Multitude , and went to Falk-land to his Kindred and Clans . The Regent was so inrag'd at the hearing hereof , that , without any further Deliberation , she commanded a March the next day , and sent Quarter-Masters before , to assign Quarters for the French at Cowper ; she also sent abroad her Commands to all Places , that all who were able to bear Arms should follow her to Cowper ; besides , she gave a Watch-word to the present Force of the French , and the Hamiltons , that they should be all ready to be in Arms , on sound of Trumpet . This Design of hers was made known to the Reformers , by their Spies and Scouts ; whereupon , their Friends and Acquaintance were summon'd to repair to those , who were already Assembled ; and to prevent the Design of the Regent , they march'd presently towards Cowper ; and at the same Instant , the Inhabitants of Dundee , and the Nobles of the adjacent Country , to the Number of about 1000 Men , upon the same Alarum , join'd themselves with them . That night they abode there , but the next Morning early , they drew their Forces out of the Town , and stood in Array in the adjoining Fields , expecting the Army of the Papists , and gathering up their own Forces , as they came gradually and stragglingly in . In the Camp of the Regent , there were 2000 French , under the Command of D'Osel , and a 1000 Scots , led by Iames Hamilton , Duke of * Chastel-herault , as he was then call'd . These sent their Guns before them in the 2 d Watch , and marching early in the Morning , came all so near , as to see the Enemy , and to be seen by them . There was a small River between them , where , at convenient Posts ; their great Guns were Planted ; 500 Horse were sent before , to make light Skirmishes with the Enemy , and also to hinder their passage over the River , if they should attempt it . The alacrity of these Men gave some stop to the French , which was further increas'd by the coming in of Patrick Lermont , Mayor of St. Andrews , with 500 Citizens in Arms , who , for the conveniency of their March , being stretch'd out in length , made a Show of a far greater Number , than they were : This kept them from discovering the Number and Order of their Enemies , which they much desir'd to know ; neither could they discover , the Commanders were at hand , that so they might give Notice to their Fellows , as they were commanded . And therefore , some of the French went to the top of an high hill adjoining , that so they might have as full a view of the Enemy , as they could , from such a distance ; from thence they discover'd many Bodies of Horse and Foot , with small distances betwixt them , and behind them a great number of Baggagers and Waggon-men , which made a long Show , at the edg of a certain Valley ; so that they thought , That that whole numerous Party was laid in Ambush for them ; and this News they carry'd to their Fellows , aggravating all things beyond what they were , indeed . Whereupon , the Commanders of the Army , by the advice of the Council , sent to the Regent , who staid behind at Falkland , to acquaint Her , how Matters stood , that the Scots seem'd more numerous than they expected , and more ready to fight ; and , on the contrary , their own Men did grumble ; and some of them did publickly give forth , That they scorn'd , for the sake of a few Strangers , to be led to an Engagement against their own Country-Men , Friends and Kindred ; Whereupon , by the assent of the Queen , Three Embassadors of the Nobles were sent from Hamilton , such as had some Friends , or Sons , in the Enemies Army . These Embassadors could not clap up a Peace , because the Reformers , having been so often deluded by vain Promises , gave no credit to their Concessions ; and the Regent , at that time , had not any other Voucher to make good her Stipulation ; and if she had , she thought it to be below her Dignity to produce it . Besides , there was another difficulty in the Case , which was the expulsion of Foreigners out of the Kingdom , ( a thing principally insisted upon ) and that she could not do , without acquainting the French King ; so that only dilatory Truces were made , not to incline their Minds to Peace , as they had often experienc'd before , but to procure foreign Aid ; only this was accorded betwixt them , That the French Forces should be transported into Lothian , and a Truce should be made for 8 Days , till the Regent sent some Pacificators of her own to St. Andrews , to propound equal Conditions of Peace to both Parties . But the Reformers , plainly perceiving , that the Regent did but protract Time , till she passed her Army over the next Firth , because then she could not compose things to her own Advantage , the Earl of Argyle , and Iames Stuart , dealt with her by Letters , that she would withdraw the Garison out of Perth , and leave the City to its own Laws , as she promised , when she was admitted into it , and that the envy of her breach of Covenant was cast upon them , who were the Authors of the Agreement . The Regent , giving no Answer to these Letters , they turn'd their Ensigns towards Perth , from whence miserable Complaints and Groans for Relief were daily brought them . For the Laird of Kinfans , a neighbouring Laird , whom the Regent , at her Departure , had made Governor of the Town , to shew his Officiousness , did mightily vex the Citizens ; for taking the opportunity of his Command over them , he indulg'd his own private Passions , and reveng'd the old Grudges , which he had with many of them , even to extremity , banishing some , and spoiling others , on the account of Religion ; and he also allow'd the like Liberty to his Souldiers . The Forces , which were at Cowper , understanding of these Injuries , done to their Friends and Partners in the Reformation , beat up a March thither , very early in the Morning , they besieg'd the Town , which , after a few days , was Surrendred to them ; Kinfans was outed of his Governorship , and Patrick Ruven , the old Governor , substituted in his Place ; afterward they burnt Scone , an old and unpeopled Town , because , contrary to their Faith given , they had slain one of their Number . By their Spies they were inform'd , that the Regent was sending a Garison of French to Sterlin , that so they , who were beyond the Forth , might be cut off from the rest . To prevent this Design , Gilespy Cambel , and Iames Stuart , late in the Night , with great silence , remov'd from Perth , and enter'd Sterlin , where they presently overthrew the Monast'ry of the Friars . They also purg'd the other Churches about the City , from all Monuments of Idolatry ; and thus , after 3 Days , they march'd towards Edinburgh , and destroy'd the superstitious Relicks at Linlithgo , a Town in the Mid-way ; and though they were but a very few in Number , the Common Souldiers , as if the War had been ended , slipping home to to their domestic Affairs , yet they cut the Combs of the Papists in so many Towns ; yea , so great a Terror did seize upon the mercenary Troops of the Scots and French , that they fled , with all their Baggage , which they could draw after them , to Dunbar . The Scots Nobles , who were the Leaders of the Reformation , staid there several days to order Matters ; For , besides cleansing of the Temples from all the Massifying Trade , they appointed Preachers to expound the Word of God , purely and sincerely , to the People . In the mean time , word was brought from France , that King Henry the 2 d was dead , which News increas'd the Joy , but lessen'd the Industry , of the Scots ; for many now betook themselves to their private Affairs , as if all the Danger had been over . On the other side , the Regent , fearing lest She , and the French , should be expell'd out of all Scotland , was highly vigilant and intent upon all Occasions . First , she sent forth Scouts to Edinburgh , to fish out the Enemies Designs , by whom being inform'd , that the Common Souldiers had disperst themselves , and that the few , which remain'd , kept no Military Discipline nor Watch , she thought not fit to omit such an Opportunity , but march'd with the Forces , which she had , directly to Edinburgh . Duke Iames Hamilton , and Iames Douglas , Earl of Morton , very dutifully met Her , but they not being able to compose Matters , only got this Point , That the Conflict should not begin that Day . At length , after many Conditions had been canvass'd on both sides , on the 24 th of Iuly , in the Year 1559 , a Truce was made to last till the 10 th of Ianuary ; The sum of the Terms , were , That no Man should be compell'd in matters of Religion ; That no Garison should be plac'd in Edinburgh ; That the Priests should not be hindred from receiving the Fruits of their Lands , Tithes , Pensions , or other Incomes , freely ; That none should demolish Churches , Temples , Monastries and other Places , made for the use of Priests , or should transfer them to other uses ; And that the day after , the Mint , for coining Mony , and the Royal Palace , with all the Furniture they found there , should be restor'd to the Regent . She was more careful to keep the Articles of this Truce , in appearance , because She had shewn so much distasteful Levity , in keeping the Pacts , made in former times ; yet notwithstanding , She , under-hand , by Men of her own Faction , caus'd the Scots to be irritated , who were by Nature inclinable to Passion , and so gave occasion of harassing the miserable Vulgar . But having no colour for her Project , sufficient to disguise her Cruelty , under the pretence of Law , she caus'd false Reports to be spread abroad , That Religion was but made a pretence for Rebellion , but the true Cause of rising in Arms , was , that , the lawful Line being Extinct , the Kingdom might be transferr'd to Iames , the late King's Bastard-Son . When she perceiv'd , that the Minds of Men were somewhat possess'd by those , and such other kind of lying , Reports , she sent some Letters to the said Iames , pretending , that they came from Francis and Mary , King and Queen of France , wherein he was upbraided with the Commemoration of the pretended Courtesies he had received , and withal was grievously threatned , if he did not lay aside his Design of Revolting , and return to his Duty . Iames answer'd thereunto , That he was not conscious to himself , either in word or deed , of any Offence , either against King , Regent , or Laws ; but , in regard the Nobility had undertaken the Cause of reforming Religion , which was decay'd , or rather had join'd themselves to those who were first therein , he was willing to bear the envy of those Things , if any did arise , which were acted in Common by himself and others , they aiming at nothing therein , but the Glory of God ; neither was it just for him to desert that Cause , which had Christ himself for its Head , Favourer and Defender , whom unless they would voluntarily deny , they could not surcease their enterprize . Setting that Cause aside , he and others , who were branded with the invidious Name of Rebels , would be most obsequious and Loyal in all other Things . This Answer was given to the Regent , to be sent into France , where 't was look'd upon as proud and contumacious , whereas some esteem'd it modest enough , and within compass , especially , as to the Point of upbraiding him which Courtesies , whereas , in Truth , he had receiv'd none , unless such as were common to all Strangers . Amidst these things , a thousand French Mercenaries arriv'd at Leith , and also the Earl of Arran , Son to Iames Hamilton , late Governor , came to the Convention of the Nobles , which were held at Sterlin . The Regent became now cock-sure , upon the Arrival of the French , and began openly to apply her Mind to subdue all Scotland by Force . But the Cause of the Earl of Arran's Return , was this , He was more Eager and Zealous in the Cause of Reformation , than was safe for him in those Times , and therefore he was design'd to be put to Death , by the Guises , who were the Favorites of Francis the Younger , for the Terror of the inferior Orders of Men ; yea , the Cardinal of Lorrain was so bold in a Speech , which he made in the Parliament of Paris , inveighing against the Cause of Reformation , that , he said , they should shortly see some eminent Man suffer upon that Account , who was little inferior to a Prince . He , being made acquainted therewith , and withal calling to Mind , that he had , a little before , been free in his Discourse with the Duke of Guise , upon that Head , by the Advice of his Friends , provided for his Safety by a secret Flight ; and , contrary to all Mens Expectation , came home in the midst of his Countries Tumults , join'd himself with the part of the Reformers , procur'd his Father also to join with them , and so he reconcil'd many to him , who had been his Enemies before , upon old Grudges . The chief of the Party , there present , being inform'd , That , for certain , some Auxiliaries were arriv'd , and others were levying to be speedily sent over to Leith , which was strongly fortifi'd to be made a Magazine for Provisions and Ammunition for War ; and , That the French intended to make use of that Town , as a Place to secure their Retreat , if they were distress'd ; and as a Port to receive their Friends , if they prosper'd . Hereupon the Scots gather'd their Forces together , and indeavour'd to besiege Leith , but in vain . For the Regent and the Governor of Edinburgh Castle , who had not yet join'd himself with the Reformers and Vindicators of publick Freedom , had the Possession of almost all the Brass-Guns in Scotland ; and besides , the Party had not strength enough , to shut up a Town in a formal Siege , which had the Sea on one side , and was also divided by a River . In the mean time , the King of France , being inform'd , how Matters stood in Scotland , sent thither L'abros , a Knight of the Order of the * Cochle , with 2000 Foot , to assist the Queen in the maintenance of the Popish Religion ; There were also sent with him the Bishop of Amiens , and 3 Doctors of the Sorbon , to dispute matters Controverted , by Arguments , if need were ; The arrival of them did so raise up the dejected Spirit of the Regent , that she solemnly Swore , she would now be speedily reveng'd of God's Enemies and the King 's . There were then 12 of the chief Nobility assembled at Edinburgh , which gave answer to Mr. D'Labros and the Bishop , who alleged , they were sent over Embassadors , and therefore desir'd a day to propound their Demands , viz. That they did not seek Peace , as they pretended , but that they threatn'd War ; otherwise , if it were only to Dispute , to what purpose was it to bring so many arm'd Forces ? As for themselves , they were not so imprudent , as to commit themselves to a Dispute , where they must be forc'd to accept what Conditions , their Enemies pleas'd . But if a Pacification might be acceptable to them , they also would take Care , that they might not seem to be compell'd by Force , but overcome by Reason ; and if they did really aim at what they pretended , they should send back the Foreign Souldiers , and meet unarm'd , as they had done before ; that so the Matter might be determin'd by Equity and Right , not by Force of Arms : This they said to the Embassadors . As to the fortifying Leith , they wrote back the Regent , to this purpose ; That they did much admire , the Regent had , without any Provocation , so soon forgot , and receded from her Agreements , as , by driving out the ancient Inhabitants of Leith , and placing a Colony of Strangers there , and so erecting a Fort over all their Heads to the ruin of their Laws and Liberties , she had done ; and therefore , they earnestly desir'd her , to desist from so pernicious a Counsel , which was temerariously undertaken by her against the Faith of her Promises , against the publick Utility , Law and Liberty ; lest otherwise , they should be compell'd to call for the aid of all the People , in the Case . About a Month after , they sent an Answer from a Convention at Edinburgh , to the same Purpose , withal adding This to their former Requests , That She would demolish all the new Fortifications , and send away all Strangers , and Mercenaries , that so the Town might be free for Traffick and mutual Commerce , which if She refus'd to do , they would look upon it as a sure Argument , that she was resolv'd to bring the Kingdom into Slavery , which Mischief they would do all they could to prevent . The Regent , three days after , sent Robert Forman , Principal Herauld , ( King of Arms as they call him ) giving him these Commands , in answer to them . First of all , you shall declare to them , that I am mightily surpriz'd , and look upon it as an unexpected thing , that any other Man should claim any Power here , besides my Son in Law and Daughter , on whom all my Authority depends . The former Actings of the Nobles , and these their present Postulations , or rather Commands , do sufficiently declare , that they acknowledg no Authority , Superior to themselves . That their Petition , or rather their Threats , though guilded over with smooth Words , were not at all new to Her. Next , you shall require the Duke of Castle-herault , to call to Mind , what he promis'd to me , by word of Mouth , and to the King by Letters , that he would not only be Loyal to the King , but also would take effectual Care , that his Son , the Earl of Arran , should not mix himself in these Tumults of his Country ; you shall ask him , Whether his present Actings do correspond with those Promises ? To their Letters you shall Answer , That , for the sake of the publick Tranquillity , I will do , and so I promise , whatsoever is not contrary to Piety towards God , or Duty towards the King ; as for the destruction of Law and Liberty , it never entred into her Heart , much less to subdue the Kingdom by Force . For whom , said She , should I conquer it , seeing my Daughter doth now , as lawful Heiress , possess it . As to the Fortification at Leith , you shall ask , Whether ever She attempted any thing therein , before they , in many Conventions , and at length , by a mutual Conspiracy , had openly declar'd , That they rejected the Government , set over them by Law ; and , without her Advice or Notice , though She held the Place and Authothority of a chief Magistrate , had broke the publick Peace , at their Pleasure ; and had strengthned their Party by taking of Towns , and had treated with old Enemies for establishing a League ; yea , that now many of them kept English in their Houses ; so that , to omit other Arguments , What Reason have they to judg it lawful for themselves to keep up an Army at Edinburgh , to invade those who are in Possession of the Government ; and yet it must not be lawful for me to have some Forces about me at Leith , for my own Defence ? Their aim is principally This , to compel Me , by often shifting of Places , to avoid their Fury , as I have hitherto done : Is there any mention in their Letters about Obedience to lawful Magistrates ? Do they discover any Way to renew Peace and Concord ? By what Indication do they manifest , that they are willing , that these Tumults should be appeased , and all things reduced to their former State ? Let them colour and guild their Pretensions how they please , with the shew of publick Good , yet , 't is plain , that they mind nothing less ; for if that one thing were a Remora to Concord , I have often shewed the Way that leads thereto . They themselves are not ignorant , that the French , at the Command of their own King , had long since quitted Scotland , if their Actings had not occasion'd their longer Stay. And therefore , if now they will offer any honest Conditions , which may afford a probable ground of hope , that the Majesty of the Government may be preserved , and that they will , with Modesty , obey their Superiours , I shall refuse no Way of renewing Peace , nor omit any thing relating to the Publick Good ; neither am I only thus affected towards them , but the French King is of the same mind too , who hath sent over an Illustrious Knight of the Order of St. Michael , and another prime Ecclesiastical Person , with Letters and Commands to that purpose , whom yet they had so slighted , as not to vouchsafe them an Answer , no , nor Audience neither . And therefore you shall require the Duke , the other Nobles , and Country-men of all sorts , presently to separate themselves , otherwise they shall be proclaimed Traitors . To this Letter , the Nobles sent an Answer the day after , which was October 23. to this purpose ; We plainly perceive , by your Letters and Commands , sent us by your Herauld , how you persist in your Disaffection to God's true Worship , to the Publick Good of the whole Country , and to the Common Liberty of us all ; which , that we may perserve according to our Duty , we do , in the Name of our King and Queen , suspend and inhibit that publick Administration , which you usurp under their Names , as being fully persuaded , that your Acting● are quite contrary to their Inclinations , and against the Publick Good of the Kingdom : And as you do not esteem us a Senate and publick Council , who are the lawful Inhabitants of this Kingdom and Country ; so we do not acknowledg you as Regent , in supream Authority over us , especially since your Government ( if you have any such entrusted to you , by our Princes ) is , for weighty and just Reasons , abrogated by us , and that in the Name of those Kings , to whom we are born Counsellors , especially in such Things as concern the Safety of the whole Common-wealth . And though we are determined to undergo the utmost Hazard for the freeing of that Town , wherein you have a Garison , from foreign Mercenaries , which you have hired against us ; yet , for the Reverence and due Respect we bear you , as the Mother of our Queen , we earnestly intreat you , to withdraw your self , whilst Necessity compels us to reduce that Town by Force , which we oft endeavour'd to gain by fair Means . And withal we desire , that , within the space of twenty four hours , you would withdraw likewise Those , who challenge the Name of Embassadours to themselves , and forbid them either to decide Controversies , or to manage Civil and Martial Affairs ; and also , that all Mercenary Souldiers in that Town would retire likewise , for we would willingly spare their Lives , and consult their Safety , both by reason of that ancient Amity , which hath interceded betwixt the Kings of Scotland and France ; and also , by reason of the Marriage of their King with our Queen , which doth equitably ingage us , rather to encrease our Union , than diminish it . The same Day , the Herauld also related , that , the Day before , in a full Assembly of Nobles and Commons , it was voted , That all the Regent's Words , Deeds and Designs tended only to Tyranny , and therefore a Decree was made to abrogate her Authority , to which all of them subscribed , as most just : Moreover , they did inhibit the Trust her Son-in-Law and Daughter had committed to her ; they also forbad her to execute any Act of publick Government , till a general Convention of the Estates , which they determined to summon , as soon as conveniently they could . The 25 th day , the Nobles sent an Herauld to Leith , to warn all the Scots to depart out of the Town within the space of twenty four hours , and to separate themselves from the Destroyers of publick Liberty . After these Threats , Horsemen made Excursions on both sides , and the War began , yet without any considerable Slaughter . In the beginning of this Action , there fell so great and sudden a Terror upon the Cause of the Reformed , which did mightily disturb them for the present , and also cut off all hopes of Success for the future . For the Regent , partly by Threats , and partly by Promises , had wrought off many , who had given in their Names to the Reformers , from the Faction of the Nobles ; and besides , their Camp was full of Spies , who discovered both their Words and Actions , yea , those which they thought were concern'd to be kept most secret , to the Regent ; and when Balfure's Servant was taken , carrying Letters to Leith , the Suspicion lighted on a great many , and the Fear diffus'd it self over the whole Body : And moreover , the Mercenary Souldiers mutinied , because they had not their Pay down upon the Nail ; and if any one indeavoured to appease them , he was grievously threatned by them . But Men did less admire the Sedition of such Men , who had neither Religion nor Honesty , than they did the Imbecillity and Faintheartedness of the Duke of Castle-herault , who was so amazed at the Fear of his Neighbours , that his Terror discouraged the Minds of many . Those , who were most couragious , endeavoured to apply Remedies to these Miseries ; and their first Consultation was , to appease the Mercenaries : And , seeing the Nobles , which remained , could not make up a Sum sufficient to quiet and pay them , some declining through Covetousness , others pleading Inability ; at last , they agreed to melt down all their Silver-Plate ; and when the Say-masters were ready to assist therein , the Mints or Stamps , I know not by whose Fraud , were taken away . The only ground of Hope was from England , which was adjudg'd too slow . At last , they resolved to try the Fidelity of their private Friends , and thereupon they sent Iohn Cockburn of * Ormiston to Sir Ralph Sadler , and Sir Iames Croft , two Knights of known Valour , ( who , at that time , were Officers at Berwick ) to obtain of them a small Sum of Mony , to serve their present Occasion . This their Design , though they kept it as private as they could , was yet discovered to the Regent , who commanded the Earl of Bothwel to waylay him in his Return . He , though in a few days before , he had taken a solemn Oath , that he would not prejudice the Cause of the Nobles in the least ; yea , though he had given them hopes , that he would join himself to their Party , yet nevertheless lay in Ambush for Ormiston , assaulted him unawares , wounded and took him Prisoner , and so became Master of all the Mony , that he brought : When the noise of this Exploit was brought to Edinburgh , it alarm'd the Earl of Arran , and Iames Stuart , and almost all the Horse to draw out , not so much for desire of Revenge , as to free Ormiston , ( if he were alive ) or , at least , to put a stop to their March , that he might not be convey'd to the Regent . But Bothwel , having notice thereof by a Spy , prevented their coming by his Flight . The same Day , the Governour of Dundee , with the Towns-men thereof , and a few Volunteers , marched towards Leith , and placed their Ordnance on an adjoining Hill. The French , who were informed by their Scouts , that almost all the Enemies Horse were absent , drew forth some Troops , to cut off those few Foot , whose Paucity they saw . The Dundeans stood a while in hope of Relief , but in regard those few Mercenaries which followed them , turned their backs almost at the first Charge , they also retired , leaving their Guns behind them , until at length a Noise was raised in the Rear , that the French were gone another way towards the Gates of the City , to seize them , and so to keep them out ; upon this bruit , there was such an universal Perturbation , that every one shifted for himself , the best he could ; and whilst each Man endeavour'd to save one , the Weak were trodden under foot by the Strong ; so every body look'd to his own Particular , and there was no Provision made in common for them all . The Papists , on this Emergency , crept out of their lurking Holes , and did openly reproach them . Insomuch , that they , who ever pretended great Zeal for the Reformatition , began partly to withdraw themselves secretly , and partly they consulted , how to desert the whole business . On the 5 th Day of November , when News were brought , that the French were march'd out to intercept some Provisions , coming towards Edinburgh ; besides the Disagreement of the Reformed amongst themselves , the Mercenaries could scarce be got out of the Town , to oppose them . The Earl of Arran , and Iames Stuart , and their Friends went out first against them , with whom there joined many worthy and valiant Persons . They charged the French more fiercely than prudently , so that they were near upon the point , to have been shut out from Edinburgh , and so to have paid for their Rashness . For the Marishes on the one side , and the adjacent Wall of an Orchard , left them but a narrow space for their March , and That also open to the French Musketeers ; so that they were trodden under foot , partly by their own Men , and partly by the Enemies Horse . In this Trepidation , they had been all certainly cut off , unless the Commanders , leaping from their Horses , had put themselves into equal Danger with the rest ; some of the common Souldiers , seeing this , stopp'd for Shame , amongst whom was Alexander Haliburton , a Captain , a stout young Man , and very forward in the Cause of Religion , he was grievously wounded , taken Prisoner , and soon after died of his Wounds . After this Conflict , in which there fell about twenty five , many withdrew themselves , and others were upon the point of Desperation ; but the Earl of Arran , and Iames Stuart , promised to continue their Endeavours , if but a small Company of them would keep together ; when all , in a manner , refused so to do , the next Consultation was , to leave the City , and , as the Nobles had decreed , in the second Watch , they began their March , and the Day after came to Sterlin . There Iohn Knox made an excellent Sermon to them , wherein he erected the Minds of many , into an assur'd hope of a speedy Deliverance out of these Distresses . Here it was agreed upon , in a Convention , that , because the French were continualally strengthen'd and increas'd with new Supplies , they also would strengthen their Party , by foreign Aid ; and in order thereunto , William Maitland was sent into England , a young Man of great Prudence and Learning ; he was to inform the Queen , what eminent Danger would accrue to England , if the French were suffer'd to fortify Places , and plant Garisons in Scotland , in regard they sought the Destruction , not of Religion only , but of Laws and Liberties too ; and if the Scots were overcome by Force or Fraud , yea , if they were reduced to Servitude by unjust Conditions , they would have an easier step to infringe the Power of the English. The English , after a long Debate of the Matter , at length , gave some hopes of Assistance : Whereupon , the Noblemen , who were the Assertors of Liberty , divided themselves into two Parties ; Some abode at Glascow , that they might command the Neighbouring Provinces , and defend their Partners in the Reformation from Wrong ; Others were sent into Fife . The French did what Mischief they could to their Enemies ; but , being troubled to hear of the English Supplies , they endeavoured to subdue the Relicks of the contrary Faction , before their Coming ; and first , they marched against that Party which was in Fife : First , in their March they plundered Linlithgo , and the Estates of the Hamiltons ; from thence they march'd to Sterlin , where they staid no longer , but till they could pillage the Towns-men , and then pass'd over the Bridg , and led their Army along the Shore of the River , which was full of Towns and Villages , well inhabited . They ransack'd all they met with , and at last , came to * Kinghorn . The Scots , to stop their Career , put a small Garison into a Town , called Dysert : Here the French made light Skirmishes for twenty Days together ; and because they could not wreek their Fury upon the Masters , they did it upon the bare Walls of their Houses , and raz'd a Village , called Grange , belonging to William Kircaldy , from the very Foundation . He , knowing that the French were wont to make often Excursions from thence to plunder the Country-People , a little before day , plac'd himself in Ambush , and observing Captain L'abast , a Savoyard , to march out with his Company , he kept himself close so long , till the French were above a Mile from their Garison , and then his Horse started up , and intercepted them from their Fellows . The French had but one way for it , in those Circumstances , and that was to enter a Country-Village near at hand , and so to endeavour to defend themselves behind Walls and Hedges . The Scots , being irritated by the former Cruelty of the French , were utterly unmindful of their own Safety , while they were intent to attend their Enemies , ( though they had no Arms , but Horsemens Lances ) yet broke down all which was in their way , and rush'd in upon them ; the Captain , who refused to take Quarter , and fifty of his Men , were slain , the rest they sent Prisoners to Dundee . They who were at Dysert , as in a setled Post , met at Cowper ; out of them and others , that were at Glasgow , there were some Persons chosen to be sent to Berwick , to agree the Terms of the League with the English. The chief Articles were these , That if any Strangers should enter Brittain in a Warlike manner , each of them should aid and assist one another ; That the Queen of England should pay the Scots in England , and also the English Auxiliaries in Scotland ; That the Prey taken from the Enemy should belong to the English , but the Towns and Castles should presently be restored to the right Owners ; That the Scots should give Hostages , which were to remain in England , during the Marriage of the French King with the Q. of Scots , and if that Marriage were disanull'd , one year after . These Transactions past at Berwick , February 27 , 1570. One thing the English gave strict warning of to the Scots , which was , that they should not join in a set Battel , and so hazard all , before the Aids of their Friends came ; for the English Nobles were much afraid , that the over-eager Spirits of the Scots would precipitate the whole matter into an irrecoverable Mistake . In the mean time , the French , having plundered Dysert and Weemes , had a Debate among themselves , Whether they should march directly towards the Enemy , or else go all along the Shore to S. Andrews , and so to Cowper . This later opinion prevailed , because , by reason of the great Snow , which had fallen , all the High-ways were so clogged , that the Horse , without great Inconvenience , could not march thrô the Mid-land Countries ; wherefore passing along a little by the Sea , when they came to the Promontory , called * Kincraige , ( i. e. the Head or end of a Rock , ) some of them got thereupon , where there was a large Prospect into the Sea , and they came down in great Joy , and told their Fellows , that they discovered eight great Ships , of the first Rate , at Sea ; whereupon the French did certainly conclude , that those Vessels had brought them over Aid , which they had long before expected ; and therefore they saluted them , as the Custom is , with the Discharge of their great Guns , and congratulated one another , invited them on Shore , resolving to pass that day in a great deal of Mirth and Jollity ; not long after , one or two Boats landed from the contrary Shore of Lothian , they ( haivng , in their passage , had some Discourse with the Passengers , in those Foreign Ships ) made a Discovery , that it was a Fleet of English ; and withal , that the Report was , that the Land-Forces of the English were not far from the Borders of Scotland . Hereupon , there was a sudden change of Spirit among them , and their unseasonable Laughter was turned into Fear and Trembling ; so that presently they catch'd up their Colours , and retreated , part of them to Kinghorn , others to Dumfermlin , many of them leaving their Dinners behind them , for very haste ; for they were afraid ▪ lest the Garison , which they had left at Leith , might be cut off , and they themselves exposed to the Fury of the Enemy , who lay about them in all Quarters , before they could gather all their Strength into a Body . During this whole March , they plundered more of the Papists , who came in thick to them , than of their Enemies . For of them , the richer sort had withdrawn a great part of their Estates into remote places of Safeguard ; as for those , who had not thus secured their Estates , the French Commanders being lifted up with their present Success , and also with the hopes of Aid from France , which was every day expected , in Confidence whereof they hoped to be perpetual Lords of those Countries ; hereupon , they reserved the richest Farms and Villages , which most abounded with all kind of Provisions , unplundered , as a peculiar Prey for themselves . But the Papists were either exhausted by the frequent Invitations of the principal Commanders , to feast at their Houses , under a Pretence of Friendship ; or else , were privately pillaged by the common Souldiers ; or , at least , in their Retreat , were openly spoiled by the French , who were in great want of Provisions , and that not without bitter Exprobrations of their Cowardise in Fighting , and their Avarice , in not relieving their Friends , which things ( said they ) we leave to you to judg , how near a-kin they are to plain Perfidiousness . This contumelious Pride , joined with the Rapacity of the French Faction , quite turned the Hearts of many from them ; and not long after , the Fife Men , being compell'd , partly by Fear of their Enemies , and partly by the Wrongs received by their own Partizans , joined themselves to the Reformers ; and , at last , the remote Countries did universally revolt from the Outlandish , and shewed themselves as eager in repressing the Tyranny of the French , as the other Scots did in asserting their Religion . The Spring was now at hand , and both Parties hastened to draw their Forces together into one place . The Earl of Martigues , a stout and noble Young-Man , landed from France in two Ships , bringing with him about 1000 Foot , and a few Horse ; he and his Souldiers presently went on Shore , but the Ships were taken in the Night by the Scots . About the same time , the Marquess of Elbeuff , Brother to the Regent , who was bringing Aid of Men and Mony in eight Ships , returned back into the Haven , whence he set Sail , partly for Fear , because the Sea was full of English Ships , and partly excusing himself , for the Badness of the Weather . Moreover , a new Fleet of English was sent in to second the former , who flew up and down the whole Chanel , and held Keith-Island besieged , stopping all manner of Provision from passing by Sea into Leith . In the mean time , the chief of the Assertors of Liberty , who commanded in Fife , went to Perth , and after three Days Conference there with Huntly , they won over all that Northern part of Scotland to their Party ; and Order was soon after given , that they should all assemble and rendevouz at the end of March. About the same time , all the chief Reformers had a Meeting at Linlithgo ; from thence they went to Hadington , and , on the first of April , they joined the English ; there were in the English Army above 6000 Foot , and 2000 Horse : The next Night , they pitched their Tents at Preston . The same day , the Regent , to withdraw her self from the Danger now nearly approaching , and to avoid the uncertain Hazard of War , retired , with some few of her Domesticks , into the Castle of Edinburgh ; Iohn Erskin was Governour thereof , a Man of approved Piety and Carefulness , he had received the Command of it , by a Decree of the publick Council , as hath been before related , but upon this Condition , That he should render it up to none , unless by the Command of the same Council . The French saw , that the Possession of this Castle was of huge Advantage to their Affairs , and therefore they used great Endeavours to obtain it by Treachery . The Governour , though he were not ignorant of their Intentions towards him , and had so fortified the Castle , and made such other diligent Provision , that 't was secure , either from Force or Fraud ; yet , was not willing to exclude the Regent , at such a time ; but , in receiving her into the Castle , he took great care , that both she and the Castle might be still under his Command . The Nobles , who were the Assertors of publick Liberty , though before they had often found , that her Mind was obstinately averse against the Cause , which they had undertaken , yet thought it adviseable not to pretermit the present Occasion , as hoping , that the Fear of the War , approaching nearer to her , and the Uncertainty of Aid from a remote Country , might incline her Mind to peaceable Counsels . Whereupon , the chief of the Party had a Meeting at Dalkeith , from whence they wrote to her to this purpose ; We have oft-times heretofore earnestly intreated you , both by Letters and Messengers , to send away the French Souldiers , who do yet , another Year , grievously oppress the poor Country-People ; yea , they raise up a just Fear in the Commonalty , that they shall be reduced into miserable Bondage ; from which Fear , we have many times requested you to free us , but when our just Intreaties prevail'd nothing with you , we were inforced to represent our deplorable Estate to the Queen of England , as the nearest Princess to our Borders , and to desire Aid of her , to expel the Strangers , who threatned to make us Slaves , out of our Kingdom , and that by Force of Arms , if it could not otherwise be done ; and though , she , out of a sense of our Calamities , hath undertaken our Cause ; yet , that we might perform our Duty towards the Mother of our Queen , and might prevent the Effusion of Christian Blood , as much as is possible , and might then have Recourse to Force of Arms , when we have tried all other Ways to obtain Right without Success , do as yet deem it a part of our Modesty , again to pray you , to command the French Souldiers , with their Commanders and Officers , to depart immediately out of the Land. In order to the Accomplishment whereof , the Queen of England will not only afford them a safe Passage through her Kingdom , but will also assist with her Fleet to transport them . If this Condition be rejected , we call God and Man to Witness , that we take up Arms , not out of Hatred , or any wicked Intent , but inforc'd thereto by mere Necessity , that so we may try the Extremity of Remedies , that the Common-Wealth , our Selves , our Estates , and Posterities , might not be precipitated into utter Ruin. And yet notwithstanding , though we , at present , suffer very heavy Pressures , and heavier ones are near at hand , no Danger whatsoever shall ever inforce us to depart from our Duty towards our Queen , or from the King her Husband , in the least tittle , wherein the Destruction of our ancient Liberty , and the Ruin of our Selves , and our Posterity , is not concerned . As for you , most benign Princess , we beseech you again , that , weighing the Equity of our Demands , the Inconveniencies attending War , and how necessary Peace is to this your Daughter's Kingdom , so miserably harrassed , you would afford a favourable Ear to our just Requests ; which if you shall do , you will leave a grateful and pleasant Memory of your Moderation amongst all Nations , and will also provide for the Security of the greatest part of Christians . Farewel . Dated at Dalkeith , the 4 th of April , in the Year 1560. The 6 th Day of April , when the English drew near by the Sea-side , about 1300 French march'd out of Leith , and possessed a little rising Hill , at the end of the Plain , because they thought that the English would pitch their Tents there . There was a sharp Fight for above five Hours , for the recovering and keeping the Place , with no small Loss on both sides ; at last , the Scotch Horse , with great Violence , rush'd in amongst the thickest Band of the French , and drove them back in great Astonishment into the Town ; and if the English Horse had come in sooner than they did , as 't was agreed , they had been all excluded from their Fellows , and so cut off . After this Onset , there were Conferences managed between the Parties , but in vain , for the English did despise all Truce , and ever and anon made some light Excursions , yet not without Blood ; 't is not necessary to recount them . On the 22 d of April , Iohn Monluck , Bishop of Vallence in Savoy , was first carried into the English Camp , then into the Castle of Edinburgh , to the Regent , where he had a Conference with her three Days , and then returned to the Scotish Nobles ; the Terms of Concord could not , then neither , be agreed on , because the Scots persisted peremptorily in their Demand , that the foreign Souldiers should return home . Hereupon , the English , because the distance between their Camp and the Town was too great for their Ordnance to do any Execution , so that their Batteries signified little or nothing , removed their Camp on the other side Leith-River , near the Town , where they might more certainly annoy the Enemy , and also have frequent Skirmishes with him , Hand to Hand . On the last day of April , about two Hours before Sun-set , a casual Fire seized upon part of the Town , which , being assisted by the Violence of the Winds , burnt fiercely till the next Morning , destroying many Houses , and making a great Devastation , yea , it took part of the publick Granary , and consum'd a great deal of Provisions . In this hurly-burly , the English were not wanting to the occasion , for they turn'd their great Guns upon that part , and plaid so hot upon the People , that they durst not come to quench the Fire ; yea , they enter'd the Trenches , and in some places measur'd the height of the Walls , so that if the French , at the beginning of the Combustion , fearing some Treachery , had not run thick to the Walls , and thereby prevented their loss in such a general Consternation , that very day had put an end to the War. On the 4 th of May , the English set fire to the Water-Mills , which were near the Town ; one of them they burnt down before day , the other , the next day after ; the French , in vain indeavouring to quench the Flames . On the 7 th of May , the Besiegers set Ladders to the Walls to make an Assault , but the Ladders were too short , so that they were beaten off , many wounded , and 160 slain : The three following days , the French were imploy'd , with great Labour and Hazard , in repairing the Walls , the English continually playing upon them where they saw the greatest Numbers . The Papists were extreamly puft up with this Success , so that now they promis'd to themselves , that the English would depart , the Siege would be rais'd , and the War be finish'd . But the English and Scots were nothing discourag'd by this Blow , but exhorted one another to Constancy , and the English promis'd to stay , till they heard their Queen's pleasure from her Court. In the mean time , Letters came from the Duke of Norfolk , which did mightily incourage all their Spirits . For he wrote to Grey , the chief Commander , wishing him to continue the Siege , and that he should not want Souldiers , as long as there was a Man able to bear Arms in his Province , ( which was very large , reaching from Trent to Tweed ) and , if need were , he himself would come in Person into the Camp , and , as a sure Pledge thereof , he caus'd his own Tent to be erected in the Camp ; and , in a few days , sent in 2000 Auxiliaries ; so that the Memory of the former loss was quite worn out , and , with great alacrity they renew'd the War ; and from that day forward , though the French made frequent Sallies , yet hardly one of them was prosperous to their Party . In the mean time , the Queen of England sent William Cecil , a learned and prudent Person , who was then the chief Manager of Affairs in England , and Nicholas Wotton , Dean of York , into Scotland , to treat about a Peace ; they were commanded to confer Counsels with Randan and Monluck of the French Party , concerning Conditions of Peace . For the Kings of France thought it a thing below their Dignity , to enter into an equal dispute with their own Subjects . The fame of this Conference was the Cause , that , as if all Controversies had been already decided , a Convention was Indicted to be held in Iuly . In the mean time , the Queen Dowager died in the Castle of Edinburgh , Iune 11 , worn out with Sickness , and with Grief . Her Death did variously affect the minds of Men , for some of them who fought against Her , did yet bewail her Death , for she was indowed with a singular Wit , and had also a Mind very propense to Equity ; she had quieted the fiercest Highlanders , and the furthest Inhabitants of the Isles , by her Wisdom and Valour ; some believ'd , that she would never have had any War with the Scots , if she had been left free to her own Disposition ; for She so accommodated her self to their Manners , that she seem'd able to accomplish all things without Force ; but the Misery was , Though the Name of Governess resided in Her , neither did she want Virtues , worthy of so great a Dignity , yet she did , as it were , rule precariously , because , in all Matters of Moment , she was to receive Answers , like so many Oracles , from France . For the Guises , who were then the powerfull'st in the French Court , had design'd the Kingdom of Scotland , as a Peculiar to their Family ; and accordingly , they advis'd their Sister , to be more severe in asserting the Papal Religion , than either her own Disposition , or those Times , could well bear . This she gave some evident hints of ; for she hath been heard to say , that if Matters were left to her own Arbitrement , she did not despair , but to compose them upon no unequal Conditions . Some others were of opinion , that she alleged those things rather popularly than really , as her Mind was , and that not only with an intent to avert the fault or envy of Mal-administration from her Self ; but also , that , under a pretext of asking Advice , she might spin out the time in delay , whilst She sent for foreign Aid ; and so , by yielding , she might blunt the vehement edg of the Scots ; and , in time , suffer their angry mood to abate , in regard , she was of Opinion , that the Scots Troops , being Volunteers , after one or two Disbandings , could not again be easily got together , because they were made up of Men , who were not under Pay , nor under any certain Command . And the Inconstancy of the Queen , in keeping her Promises , was no obscure evidence of this her Dissimulation , for She did not expect the end of a Truce , which , by Conditions , she was oblig'd to do , in renewing a War ; but if any specious Advantage were offer'd , she would adventure to do it , Arbitrarily , of her own Head. Others there were , who cast the blame of all things , which were avariciously or cruelly acted , or which were attempted by Fraud or Calumny , upon those who were her Counsellors , in managing Affairs . For when She undertook the Regency , at the very First , some French Counsellors were join'd to her Assistance , as Osel , Embassador of the King of France , a Man quickly , and vehemently , passionate , otherwise a good Man , and well-skill'd in the Arts , both of Peace and War ; he was one that directed his Counsel rather by the Rule of Equity , than the Will and Pleasure of the Guises . One Monsieur de Ruby was join'd to him , as his Companion , a Lawyer of Paris , who was to dispute Matters of Law , if any such did occur ; He , in his publick Administration , conform'd all things , as much as he could , to the Manners and Laws of France , ( as if That alone were the right Way to govern a Commonwealth ) by which means he rais'd a suspicion of Innovation upon him ; and though others might share the Guilt of the same Crime with him , yet he alone , in a manner , bore the blame and envy of it . But these Two committed no Offence , which was remediless and uncurable . Towards the end of the War , there were three French Generals , having distinct limits allotted them , who manag'd Military Affairs in Scotland ; viz , The Count Martigues , of the House of Luxemburgh , who was afterwards made Duke of D'Estames ; L'abros , of a Noble , or Equestrian Family , highly experienc'd in Military Matters ; and a Third was the Bishop of Amiens , accompanied with some Doctors of the Sorbon , as if the Matter were to be determin'd by the Pen , not the Sword. All the Counsels of these Three did tend to open Tyranny . Martigues his Advice was , to destroy all the Country near to Leith , by Fire and Sword , that so the desolateness of the Country , and the want of Necessaries , might compel the Scots to raise the Siege . But if that Counsel had took Effect , many peaceable Persons , poor besides , and , for the most part , Papists too , would have been destroy'd , and the Besieged would have had no benefit neither ; for the Sea being open , Provisions might easily have been brought by Ships , from all the Maritim places of Scotland and England , into the Leaguer of the Besiegers , and the devastation of the Land and Soil would have redounded as much on the Papists , as on the Embracers of the True Religion . L'abros was of opinion , That all the Nobility of Scotland were to be cut off , without distinction , and that a thousand French Curiassiers were to be garison'd on their Lands , who were to keep under the common Sort , as Vassals . This his Design was discover'd by some Letters of his , intercepted , which were going for France ; and 't is scarce credible , how the Hatred against the French , begun upon other Causes , was increas'd thereby . As for the Bishop of Amiens , he would have had all Those to be seiz'd on , and put to Death , without pleading in their own Defence , whom he thought not so favourable to the Pope's Cause , as he would have them ; yea , all Those , who were not so forward to assist the French Party , as he expected ; and he mightily blam'd the French Souldiers , for suffering those , who were disaffected to their King , to strut it openly up and down ; One he particularly aimed at , viz. Mr. William Maitland , a Noble and learned Man , whom , because the Sorbonists could not refute by their Reasons , the Bishop design'd to take off by the Sword ; yea , he upbraided the French Souldiers for permitting him to live , and advis'd them to kill him ; which he having notice of , took his opportunity to withdraw himself from the French , and so escap'd into the Scots Camp. The Seventeenth BOOK . A Few days after the Death of the Regent , a Truce was made for a short time , to hear the Embassadors , who were come to treat of Peace out of both Nations , France , and England . Hereupon , the Nobles assembled ; These could not effect any thing ; the greatest obstacle to an agreement , was , That the French , who , the Winter before , had obtain'd great Booties out of the neighbouring Parts , refus'd to depart , unless they carry'd their Baggage , and plunder , along with them . This was denied them ; Whereupon , Irruptions were made more fierce than ever , though not so prosperous to the French. At length , when both sides were weary of the War , and the Inclinations to Peace could no longer be dissembled , the Embassadors , on both sides , met again in a Conference : The things , which most inclin'd all to Peace were these ; The French had no hopes of any relief , and their Provisions grew daily scant , and were not likely to hold out long , so that their Condition was almost wholly desperate . And for the English , they were wearied out with the long Siege , and wanted Necessaries as well as the French , so that They likewise desir'd an end of the War. And the Scots too , receiving no Pay , could hardly be kept from running away ; So that they easily hearkned to a Capitulation . Thus , by the joint Consent of all Parties , on the 8 th day of Iuly , in the Year of our Lord 1559 , Peace was Proclaim'd on these Conditions , That the French should Sail away in 20 days , with their Bag and Baggage ; and seeing they had not Ships enough to transport them all over at present , they were to hire some from the English , leaving Hostages , till they were safely return'd ; That Leith should be render'd up to the Scots , and the Walls thereof demolish'd ; That the Fortifications lately made by the French at Dunbar , should be slighted ; That these Articles , being perform'd , the English should immediately reduce their Forces ; That Mary Queen of Scots , by the consent of her Husband Francis , should grant an Oblivion , of all that the Scotish Nobility had done or attempted , from the 10 th day of March 1559 , till the 1 st of August , 1560. And that a Law should be made to that purpose , to be confirm'd in the next Parliament there , ( which was appointed to be in August . ) And Francis and Mary were to give their Consent to the holding that Assembly . That 60 of the French should keep the Island of Keith , and the Castle of Dunbar , that so , the Queen might not seem to be ejected out of the Possession of the whole Kingdom at once . After this departure of the foreign Souldiers , there was a great Tranquillity , and Cessation from Arms , till the Queen's Return . The Assembly of the Estates were kept at Edinburgh , wherein the greatest Debate was , about promoting the Reform'd Religion . The Statutes made were sent into France , for the Queen to give her consent to , and subscribe . This was done , rather to sound her Mind , than out of any hope to obtain any thing from Her. Embassadors also were dispatch'd for England , to give them thanks for their Assistance so seasonably afforded . Not long after , Iames Sandeland , Knight of Rhodes , came unto the French Court , a Man as yet free from the Discords of the Faction ; his business was , to excuse things past , and to pacify the the Grudges remaining since the former Wars , and so to try all ways to establish Peace and Concord . But his arrival hapned to be in very troublesome times , for the whole Conduct of the French Affairs was then in the Hands of the Guises ; who , when they perceiv'd , that neither Threatnings nor Flatteries did prevail , endeavour'd to oppress the contrary Faction by force of Arms ; and when they could lay no other plausible Crime against their Contrariants , they accus'd them of High-Treason , for betraying the Kingdom . Hereupon , the King of Navarr , was condemn'd to perpetual Imprisonment ; and his Brother , the Prince of Conde , sentenc'd to Death ; Annas , Duke of Momorancy , and the two Sons of his Sister , Iasper and Francis Colignes , and their Kinsman the * Vidam of Charters , were destin'd to the Slaughter ; and besides those , above 7000 more were put into the black List of Criminals . Moreover , all means were us'd to terrify the People . The City of Orleans was full of Foot-Souldiers , Guards of Horse were posted all up and down the Country ; all the High-ways were beset by them ; Sentence was past , by a few Men in the Court , concerning the Lives , Fortunes and good Names of the honestest Men ; all the Steeples of Churches and Towers round about the Walls , had their Windows shut up , and their Gates and Doors fortified , being design'd for Prisons ; Criminal Judges were call'd together out of the whole Kingdom ; The manner of Punishment was thus design'd , That as soon as the Frost broke , and the River Loir was navigable , the King should go to Chinon in Poictou , at the Mouth of the River Vien ; and then the Guises , with a few of their Partizans , at the Command of the Court-Cabal , ( of which They were the chief ) should perform the Execution . Mean while , Sandeland came to Court , not so much humbly to desire Pardon for what was past , as to excuse his Country-Men , laying all the blame of the Tumults upon the French. The Guises receiv'd him very coursly , blaming him , that he , being a Man dedicated to the Holy War , had undertaken to manage the Commands of the Rebels , upon the Account of that execrable Heresy , which the Consent of all Nations had highly condemn'd , in the Council of Trent ; yea , many of them did admire , not at the Folly , but even Madness , of the Scots , that they , being but a few , and disagreeing amongst themselves ; and besides , destitute of Mony , and other Warlike Preparations , should dare to provoke so potent a King , who was now at quiet from any foreign Enemy . Between these fretful Indignations and Threatnings , the King fell suddenly Sick. The Embassador was dismiss'd without any Answer ; but the Message of the Kings Death reach'd him at Paris , in the Nones of December , whence he made haste home , hoping for better things for future . The News of the King's Death , being divulg'd , did not so much erect the Minds of the Scots , being in great Suspence , by reason of their imminent Dangers , as it fill'd all France with Faction , and the Poison of domestick Discords ; Iames , the Queen's Brother , Scotland being now freed from the Domination of the French , by the Death of Francis , made what haste he could to the Queen ; who , when her Husband was dead , went to Lorrain to her Uncles , either as a Recess to her Grief , or else out of womanly Emulation , that she might not be near her Mother-in-Law , who , by reason of the Slothfulness of Anthony Burbon , King of Navar , did , by degrees , derive the whole Administration of Affairs into her own Hands . There Iames , the Queen's Brother , having setled things in Scotland for a Season , found her ; and , after much Discourse , the Queen told him , she had a mind to return to Scotland , and fix'd a Day , by which they might expect her , her Uncles being also of the same Opinion : For , before Iames's Coming , there had been great Consultation about the Matter , some alleging the Difficulty of the Voyage , especially the Queen of England being nothing favourable ; besides , she was to go to a barbarous People , and naturally seditious , who were hardly kept in quiet by the Government of Men. Moreover , she had fresh Examples , before her Eyes , of her Father and Mother , whom , when they could not , or durst not , openly oppress , by sundry Artifices they drove them to Despair ; so that she would be in daily peril , either of her Honour , or of her Life , amongst them . On the other side , they who were skill'd in the Affairs of Scotland , did urge , that the Seditions , arising there , were occasion'd oftner by default of the Princes than the People , in that they endeavour'd to reduce that Kingdom to an Arbitrary and boundless Rule , which , time out of mind , had been circumscrib'd and manag'd within due Bounds of Law ; and That such a Nation , which was more warlike than opulent , could never endure . But all those Kings , who never attempted to infringe the Liberties of the People , were not only free from private Enemies , and popular Tumults , but also reigned , much beloved of their Subjects , famous Abroad , and unconquered by their Enemies : But the best , and almost only Way at present to quiet things , was , to attempt no Alteration in the State of Religion , as then establish'd . These were the Debates , as publickly bruited on both sides . But there were other more prevailing Causes with her Uncles ; for they , in the Troubles of France , cherishing rather great , than honest Hopes , thought , if the Queen were absent , she would be more in their Power , than if she staid in France ; and that Neighbour-Princes , in hopes to carry her for a Wife , would seek their Friendships , and use them , as Mediators . In the mean time , one or other of their Faction would preside over the Management of Affairs in Scotland . Besides , the Queen's Resolution swayed much in the Case , who was determined to return into her own Country ; for her Husband was dead ; and her Mother-in-Law , ( who manag'd Matters of State ) being something alienated from her , she saw , she should be cheap at that Court ; and tho she had been but a little used to Government , yet a Woman , young , of a flourishing Age , and a lofty Spirit too , could not endure to truckle under another ; she had rather have any Fortune in a Kingdom , than the richest without one ; neither could she hope , that her Condition would be very honourable , the Power of the Guises being weakned by the adverse Party , at the first brush : Besides , the Persuasions and Promises of her Brother Iames serv'd much to weigh down the Ballance ; for he assur'd her , she would find all Quiet at home , especially seeing he was a Man , to whose Faith she might safely commit her self , being her natural Brother , and who , from his Youth , had performed many noble and brave Exploits , and so had got great Credit and Renown amongst all Men. Whilst the Queen was intent on these Matters , Noal , a Senator of Bourdeaux , who was sent out of France , came into Scotland , a little after the end of the publick Convention , and was put off till the next Assembly , which , in order to the setling publick Matters , was Indicted to be held at Edinburgh , May the 21 st ; yet the Nobles , who met there at the time , in great abundance , did not sit , because they were as yet uncertain of the Queen's Will and Pleasure . In the mean time , Iames Stuart returned from France , and brought a Commission from the Queen , giving them Liberty to sit , and enact Laws for the Good of the Publick : Then the French Embassador had Audience ; the Heads of his Embassy were , That the ancient League with the French should be renewed , and the new one with the English , broke ; That Priests should be restor'd to their Estates and Dignities , whence they had been ejected . To which Answer was given ; As to the French League , that they were not conscious to themselves , that they had broken it in the least ; but that it had been many ways infring'd by the French themselves , and especially of late , in their opposing the publick Liberty , and indeavouring to bring a miserable Yoke of Bondage upon a People , which were their Allies , and giving no occasion on their part . As for the League with England , they could not dissolve it , without a brand of the greatest Ingratitude imaginable , in recompensing so great a Courtesy with the highest Injury , as to join against those , who had been the Deliverers of their Country . As for the Restitution of Priests , they told him , That those he call'd Priests , they knew no use or need of their Office in the Church . In that Parliament , a Statute was made to demolish all the Monasteries of the Monks , and Men were presently sent abroad into all Parts of the Land , to put it in Execution . Matters being prepar'd in France for the Queen's Journy , her intimate Friends , who govern'd her Counsels , advis'd her , for the present , wholly to pretermit and pass over Matters about Religion , though some gave her rash Counsel , to arm on that account , and kill all that opposed . The chief of which were Dury , the Abbat of Dumfermling , and Iohn Sinclare , lately design'd Bishop of * Brechin ; and she her self was by Nature , as also by the persuasion of her Kindred , so inclinable to their Counsel , that sometimes Threats broke out from her , as if it were against her Will , which were catch'd up at Court , and spread amongst the Vulgar : And she would divers times boast , among her Familiars , that she would follow the Example of her Kinswoman , Mary , Queen of England . Wherefore the Main of her Counsels tended to this , to feed the Men of her own Faction with hopes at present , and to suppress the opposite Party by degrees ; and when she was well setled in her Power , then to declare her mind . And this seem'd not hard to do , seeing the Council of Trent was lately begun , on pretence to restore the decay'd Manners of the Church , but indeed , to extirpate the Professors of the true Religion , as , by the Decrees of that Cabal , was afterwards declared . Besides , her Uncles did mightily animate the Queen , by shewing her the Power of the Papal Faction , whose Head , by the Decree of the Council , Francis , the eldest Brother of the Guises , was to be . In the mean time , Charles the Cardinal , amidst so many publick Cares , was mindful of himself , and advis'd the Queen , not to carry her Housholdstuff and Furniture , which were of great value , as 't were , into another World , but to leave them with him , till she might be assur'd of the Event of her Journy . She knew the Man and his Craft well enough , and therefore answer'd him , That seeing she ventur'd her self , she might as well trust her Goods as her Person . When all was resolv'd upon , they sent into England , to try , how that Queen stood affected to the Voyage ; D'Osel , the Envoy , was well entertain'd there , and sent back presently into France , to tell the Queen of Scots , that if she pleas'd to pass through England , she should have all the Respect , which she could desire from a Kinswoman and an Ally ; and that she would take it as a great Favour , besides ; but if she shunn'd her Interview , she would look upon it as an Affront . For the English Queen had prepar'd a great Fleet , the pretence was , to scour the Sea of Pyrates ; but some thought that 't was to intercept the Queen of Scots , if she adventured to pass against her Will. They took one Ship , wherein the Earl of Eglington was , and brought her to London , but dismiss'd her again in a little time . But , whatever the Design was , in providing a Fleet , if any Danger was intended , Providence did prevent it ; for , when the French Gallies came upon the Main , a Mist followed them for several days , till they came into Scotland , the 21 st day of August . The News of the Queen's Arrival being divulged abroad , the Nobility , from all parts of the Kingdom , came hastily in , as to a publick Show , partly to congratulate her Return ; some also came , to put her in mind of the Services they did her , in her absence , that so they might preoccupate her Favour , and prevent the Cavils of their Enemies : Others came , to give a guess of her future Regiment , by her first Entrance into the Kingdom : upon these different Grounds , all did equally desire to see their Queen , which was so unexpectedly cast upon them , after such various Events of changeable Providences . They considered , that she was born amidst the cruel Tempests of War , and lost her Father in about six days after her Birth ; that she was well educated , by the great care of her Mother , the choicest of Women ; but between Domestick Seditions and Foreign Wars , she was left , as a Prey to the strongest side ; and even almost before she had a sense of Misery , was exposed to all the Perils of inraged Fortune : That she left her Country , being as 't were , sent into Banishment , where , between the Fury of Arms , and the Violence of the Waves , she was hardly preserved . 'T is true , Her Fortune somewhat smiled upon her , and advanced her to an Illustrious Marriage , but her Joy was not lasting , but transitory ; for , her Mother and Husband dying , she was cast into a Mourning Widow'd Estate , having the new Kingdom she received , and her old one too , standing on very ticklish Terms . Furthermore , besides the Variety of her Dangers , the excellent Meen of her Beauty , the Vigour of her adult Age , and the Elegancy of her Wit , did much commend her . These Accomplishments , her courtly Education had either much increas'd , or , at least , made them more acceptable , by a false Disguise of Virtue , not sincere , but adumbrated only to a kind of Similitude thereof , which made the Goodness of her Nature , by her desire to please and ingratiate her self , less acceptable , and so nipp'd the Seeds of Virtue , by the Blandishments of Pleasure , that they might not come to bring forth any ripe Fruit in their Season . As these things were grateful to the Vulgar , so the more Intelligent saw through them ; yet , they hoped , that her soft and tender Age might be easily bettered and amended , by Experience . Amidst these Gratulations , there was a light Offence happened , but it struck deep into the Minds of either Faction . The Nobility had agreed with the Queen , that no Alteration should be made , in point of the Religion received , only she and her Family were to have Mass , and that in private , too . But while the Furniture for it was carrying through the Court into the Chappel , one of the Company catch'd the Torches out of his Hands that carried them , and broke them ; and unless some moderate Men had come in , and prevented it , all the rest of the Apparatus had been spoiled too . That Action was differently interpreted amongst the Vulgar ; some blamed it , as a Fact too audacious ; some said , 't was to try Mens Patience , how far it would bear ; others affirmed , and spake it publickly , that the Priests ought to be punish'd with the Punishment , appointed in the Scriptures , against Idolatry . But this Commotion was nipp'd in the very bud by Iames the Queen's Brother , to the great , but hidden Indignation of George Gordon , who was willing to lay hold on all occasions of Disturbance : And here , thinking an Opportunity was open to curry Favour , he went to the Queen's Uncles , then present , and promised them to reduce all the Country , beyond Dunkelden , to the old Religion . But they suspected the matter , as having heard enough of the Disposition of the Man , and fearing , lest he should raise a new Storm to no purpose , communicated the matter to Iames , the Queen's Brother . The rest of the Year was spent in Balls and Feastings , and in sending away the French , who , out of Civility , had attended the Queen , and were then honourably dismiss'd , only one of her Uncles , the Marquess of Elbeuff , staid behind . Amidst these Matters , William Maitland junior was sent Embassador into England , to complement that Queen , as the Custom is , and to acquaint her , how highly she stood affected towards her , and how much she desired to maintain Peace and Concord with her : He also carried to her Letters from the Nobility , in which was mentioned a Friendly Commemoration of former Courtesies and Obligations ; but one thing they earnestly desired of her , and That was , that , both publickly and privately , she would shew her self friendly and courteous towards their Queen ; and that being provoked by good Offices , she would not only persevere in her ancient Friendship , but add daily stronger Obligations ( if possible ) hereunto . As for their part , it should be their earnest Study and Desire , to pretermit no occasion of perpetuating the Peace betwixt the two Neighbour-Kingdoms . That there was but One sure way , to induce an Amnesty of all past Differences , and to stop the Spring of them for ever , if the Queen of England would declare , by an Act of Parliament , firmed by the Royal Assent , That the Queen of Scots was Heiress to the Kingdom of England , next after her Self and her Children , ( if ever she had any . ) After the Embassador had asserted the Equity of such a Statute , and how beneficial it would be to all Britain , by many Arguments , he added in the close , That she , being her nearest Kinswoman , ought to be more intent and diligent than others , in having such an Act made , and that the Queen did expect that Testimony of Good-will , and the Respect from her . To which the Queen of England answered in these Words , I expected another kind of Embassy from your Queen ; I wonder she hath forgot , how that , before her Departure out of France , after much urging , she at last promised , that the League , made at Leith , should be confirmed , she having promised me faithfully it should be so , as soon as ever she returned into her own Country . I have been put off with Words long enough ; now 't is time , ( if she have any respect to her Honour ) that her Deeds should answer her Words . To which the Embassador answered , That he was sent in this Embassy , but a very few days after the Queen's Arrival , before she had entred upon the Administration of any publick Affairs ; That she had been hitherto taken up in treating the Nobility , many of whom she had never seen before , who came from divers parts to perform their dutiful Salutations to her ; but she was chiefly imployed about setling the State of Religion , which , how difficult and troublesome a thing it is , ( said he ) you your self are not ignorant : Hence , ( he proceeded ) your Majesty may easily understand , that the Queen of Scots had no vacant time at all before my Departure ; neither had she as yet called fit Men to her Council , to consult about various Affairs ; especially , since the Nobility , that liv'd in the furthest parts towards the North , had not been yet to attend her , before his Coming , without whose advice , Matters of such publick Moment , could not , nor ought not , to be transacted . Upon which the English Queen was something moved , and said , What need had your Queen to make any Consultation about doing that , which she hath obliged her self to under her Hand and Seal ? He replied , I can give no other Answer at present , for I received nothing in command about it , neither did our Queen expect , that an account thereof would now be required of me ; and you may easily consider with your self , what just causes of Delay , she , at present , lies under . After some Words had past betwixt them , upon these matters , the Queen returned to the main Point , I observe , said she , what you most insist upon , in behalf of your Queen , and in seconding the Requests of the Nobles , you put me in Mind , that your Queen is descended from the Blood of the Kings of England , and that I am bound to love her by a natural Obligation , as being my near Kinswoman , which I neither can , or will , deny ; I have also made it evident to the whole World , that , in all my Actions , I never attempted any thing against the Weal and Tranquillity of her self and her Kingdom : Those , who are acquainted with my inward Thoughts and Inclinations , are conscious , that though I had just cause of Offence given , by her using my Arms , and claiming a Title to the Kingdom , yet I could never be persuaded , but that these Seeds of Hatred came from others , not from her self . However the case stands , I hope , she will not take away my Crown whilst I am alive , nor hinder my Children ( if I have any ) to succeed me in the Kingdom : But if any Casualty should happen to me before , she shall never find , that I have done any thing , which may , in the least , prejudice the Right she pretends to have to the Kingdom of England ; what that Right is , I never thought my self obliged to make a strict Disquisition into , and I am of the same Mind still , I leave it to those who are skilful in the Law to determine . As for your Queen , she may expect this confidently of me , that if her Cause be just , I shall not prejudice it in the least ; I call God to witness , that next to my self , I know none that I would prefer before her ; or if the matter come to a Dispute , that can exclude her : Thou knowest , says she , who are the Competitors : By what Assistance , or in hopes of what Force , can such poor Creatures , attempt such a mighty thing ? After some further Discourse , the Conclusion was short , That it was a matter of great Weight and Moment , and that this was the first time , she had entertained any serious Thoughts about it , and therefore she had need of longer time to dispatch it . A few days after , she sent for the Embassador again ; and told him , That she extreamly wondred , Why the Nobles should demand such a thing of her , upon the first Arrival of the Queen , especially , knowing , that the Causes of former Offences were not yet taken away : But what , pray , do they require ? That I , having been so much wrong'd , should , before any Satisfaction receiv'd , gratify her in so great a matter . This Demand is not far from a Threat : If they proceed on in this way , let them know , that I have Force at home , and Friends abroad , as well as They , who will defend my just Right . To which he answered , That he had shewn clearly , at first , how that the Nobility had insisted on this hopeful Medium of Concord , partly out of Duty to their Queen , in a Prospect to maintain her Weal , and increase her Dignity ; partly out of a Desire , to conciliate and settle publick Peace and Amity . And , that they deal more plainly with you , than with any other Prince , in this Cause , proceeds from your known and experienc'd Good-Will towards them , and also upon the account of their own Safety ; for , they knew they must venture Life and Fortune , if any Body did oppose the Right of the Queen , or any War should arise betwixt the Nations , on that ground . And therefore their Desires did not seem unwarrantable or unjust , as tending to the eradicating the Seeds of all Discords , and the settling a firm and solid Peace . She rejoined , If I had acted any thing which might diminish your 〈◊〉 Right , then your Demand might have been just , that 〈◊〉 was amiss might be amended : But this Postulation is wi●●out ●n Example , that I should wrap my self up in my Winding 〈◊〉 while I am alive ; neither was the like ever ask'd of any 〈◊〉 . However , I take not the good Intention of your Nobility 〈◊〉 , and the rather , because 't is an Evidence to me , that they have a Desire to promote the Interest and Honour of their Queen ; and I do put as great Value on their Prudence , in providing for their own Security , and in being tender of shedding Christian Blood , which could not be avoided , if any Faction should arise to challenge the Kingdom ; But what such Party can there be , or where should they have Force ? But to let these Considerations pass , suppose me inclinable to assent to their Demands , do you think , I would do it , rather at the Request of the Nobles , than of the Queen her self ? But there are many other things , which avert me from such a Transaction . First , I am not ignorant , how dangerous a thing 't is , to venture on the Dispute . The Disceptation concerning the Right of the Kingdom , I have always mightily avoided ; for the Controversy hath been already so much canvass'd in the Mouths of many , concerning a just and lawful Marriage , and what Children were Bastards , and what Legitimate , according as every one is addicted to this or that Party , that , by reason of these Disputes , I have hitherto been more backward in marrying . Once , when I took the Crown publickly upon me , I married my self to the Kingdom , and I wear the Ring , I then put on my Finger , as a Badg thereof ; however , my Resolution stands , I will be Queen of England , as long as I live . And when I am dead , let that Person succeed in my place , which hath most Right to it ; and if That chance to be your Queen , I will put no Obstacle in her way ; but if another hath a better Title , 't were unjust to require of me , to make a publick Edict to his Prejudice . If there be any Law against your Queen , 't is unknown to me , and I have no great Delight to sift into it ; but if there should be any such Law , I was sworn at my Coronation , that I would not change my Subjects Laws . As for your second Allegation , That the Declaration of my Successor will knit a stricter Bond of Amity betwixt us , I am afraid rather , it will be a Seminary of Hatred and Discontent ; What , do you think I am willing to have my Grave-Clothes always before my Eyes ? Kings have this Peculiarity , that they have some kind of Sentiments against the●● own Children , who are born lawful Heirs to succeed them . Thus Charles the 7 th of France somewhat disgusted Lewis the 11 th ; and Lewis the 3 d , Charles the 8 th ; and of late , Francis ill-resented Henry . And , how is it likely , I should stand affected towards my Kinswoman , if she be once declared my Heir ? Just as Charles the 7 th was towards Lewis the 11 th . Besides , and that which weighs most with me , I know the Inconstancy of this People ; I know , how they loath the present State of things ; I know , how intent their Eyes are upon a Successor . 'T is natural for all Men , as the Proverb is , to worship rather the rising , than the setting Sun : I have learn'd , That from my own Times , to omit other Examples ; when my Sister Mary sat at Helm , how eagerly did some Men desire to see Me plac'd in the Throne ? how Solicitous were they in advancing Me thereto : I am not Ignorant , what Danger they would have undergone , to bring their Design to an Issue , if my Will had concurr'd with their Desires : Now , perhaps , the same Men are otherwise minded ; just like Children , when they dream of Apples in their Sleep , they are very joyful ; but , waking in the Morning , and finding themselves frustrate of their hopes , their Mirth is turn'd into Mourning . Thus I am dealt with by Those , who , whilst yet I was a private Woman , wish'd Me so well : If I look'd upon any of Them a little more pleasantly than ordinary , they thought presently with themselves , that , as soon as ever I came to the Throne , they should be rewarded rather at the Rate of their own Desires , than of the Service they perform'd for Me ; but now , seeing the Event hath not answer'd Expectation , some of them do gape after a new change of Things , in hope of a better Fortune . For the Wealth of a Prince , though never so great , cannot satisfy the unsatiable desires of all Men. But if the Good-will of my Subjects do flag towards Me ; or , if their Minds are chang'd , because I am not profuse enough in my Largesses ; or , for some other trivial Cause , what will be the Event , when the Malevolent shall have a Successor nam'd , to whom they may make their Grievances known , and , in their Anger and Pet , betake themselves ? What danger shall I then be in , when so powerful a Neighbour-Prince is my Successor ? The more Strength I add to her in ascertaining her Succession , the more I detract from my own Security ; This Danger cannot be avoided by any Precautions , or by any Bonds of Law ; yea , those Princes , who have hope of a Kingdom offer'd them , will hardly contain themselves within the Bounds either of Law or Equity . For my part , if my Successor were publickly declar'd to the World , I should think my Affairs to be far from being setled and secure . This was the Sum of what was truly acted at that Conference . A few days after , the Embassador ask'd the Queen , Whether she would return any Answer to the Letter of the Scotish Nobility ? I have nothing , said She , at present to Answer , only I commend their Sedulity and Love to their Prince ; but the Matter is of such great weight , that I cannot so soon give a plain and express Answer thereunto ; but , when your Queen shall have done her Duty , in confirming the ●eague she oblig'd her Self to ratify , then 't will be seasonable , to try my Affection towards Her. In the mean time , I cannot gratify her in her Request , without diminution of my own Dignity . The Embassador reply'd , He had no Command about that Affair , nor ever had any discourse , with his Mistress concerning it , neither did he then propound the Queen's Judgment concerning the Right of Succession , but his Own , and had brought Reasons to inforce it ; but , as for the Confirmation of the League by her Husband , 't was inforc'd from the Queen of Scots , without the consent of Those , whom the ratifying or disanulling thereof , did much concern ; neither was it a thing of such Consequence , as therefore to exclude Her , and her Posterity , from the Inheritance of England ; I do not inquire , said he , by Whom , When , How , by What Authority , and for What Reason , that League was made , seeing I had no Command to speak of any such Matter . But this I dare affirm , That though 't were confirm'd by Her , in compliance with her Husband's desire , yet , so great a stress depending on it , his Queen , in time , would find out some Reason or other , why it should , and ought , to be dissolv'd ; I speak not this ( said he ) in the Name of the Queen , but my intent is to shew , that our Nobility have cause for what they do , that so , all Controversies being pluckt up by the Roots , a firm and sure Peace may be establisht betwixt us . After much discourse , Pro and Con , about the League , the Queen was brought to this , That Embassadors should be chosen on both sides to review it , and to regulate it , according to this Form , That the Queen of Scots should abstain from using the Arms of England , and from the Titles of England and Ireland , as long as the Queen of England , or any of her Children , were alive . On the other side , the Queen of England was to do nothing , neither by her Self , nor her Posterity , which might prejudice the Queen of Scots , or impair her Right of Succession . These were the Affairs transacted in this Embassy ; which , while they were treated of abroad , in order to settle Peace , Sedition had almost broke out at home . There was Mass allow'd to the Queen and her Family , ( as I said before ) concerning which , when the Edict was publish'd , there was one of the Nobility which oppos'd it , viz. the Earl of Arran ; the Queen being much offended thereat , tho she dissembled her Anger . The next offence was , against the Edinburgers , they use ordinarily to chuse their Magistrates , September 29 ; at that time , Archibald Douglas , the Sheriff , according to Custom , Proclaim'd , That no Adulterer , Fornicator , Drunkard , Mass-Monger , yea , or obstinate Papists , after the First of September , should stay in the Town , great Penalties being denounc'd against the Disobeyers thereof . When the Queen was inform'd hereof , she committed the Magistrates to Prison , without hearing them , and commanded the Citizens to chuse new Magistrates , injoining them to set the Gates open to all her good Subjects , not without the secret Indignation , and Laughter , of some , that Flagitious Persons should be accounted such good Subjects , and her most faithful Ministers and Servants . The Queen , finding , that the Citizens took this Matter more patiently than she expected , by degrees attempted greater Matters . Her Mass was before but privately celebrated , without any great Solemnity ; but , on the 1 st of October , she added all the gaudry of Popish Offices to it . The Reform'd Ministers of the Gospel took this very grievously , and complain'd much of it in their Pulpits , putting the Nobility in mind of their Duty . Hereupon , a Dispute was agitated betwixt a Few in a private House , Whether 't were lawful to restrain Idolatry , which was likely to spread and ruin all ? or , Whether they might , by Force , reduce the chief Magistrate to the Bounds of the Law , who set no limits to his own Arbitrariness ? The Reform'd Ministers persisted constantly in their Opinion , which had been approv'd in former times , That a Magistrate might be compell'd by Force to do his Duty . The Nobles were more unstedfast in their Resolutions , either to curry favour with the Queen , or , out of hopes of Honour and Reward ; yet 't was decreed for Them , being Superior in Number and Greatness . In the mean time , the Court was drown'd in Vice , and loos'd the Reins to all Luxury ; neither was it awakened by the News of the Moss-Troops , inhabiting the English Borders , who , as if by permission , did freely plunder , and kill'd all that oppos'd them . Iames , the Queen's Brother , was sent , with a delegated Power , to suppress them , not so much , as many thought , to honour him , as to expose him to danger . For , as his Power was distasteful to the Queen , so his innocent Carriage was more offensive in reproving her for her Faults , and stopping her Carreer to Tyranny . But God , beyond all Mens hope , prosper'd his just endeavours ; he hang'd 28 of the Robbers , the rest he suppress'd , either by the sole Terror of his Name , or else , by making them give Hostages for their good Behaviour . The Queen seem'd to her Self to have got some Liberty by his Absence , for she was not well pleas'd with the present state of Things ; partly , by reason of the Controversies in Religion ; and partly , because Matters were manag'd more strictly than a young Woman , who had been educated in the corruptest of all Courts , ( as interpreting lawful Domination to be unseemly for Princes , as if the Slavery of others was their Liberty ) could well endure ; so that sometimes she was heard to speak some high discontented Words ; yea , the Foundation of Tyranny seem'd to be laid : for , whereas all former Kings intrusted their Safety only to the Nobility , she determin'd to have a Guard for her Body ; but could find no pretence to bring it about , neither could she give any reasonable colour for her desire , but only vain courtly Magnificence , and the Usage of foreign Princes . The Deportment of her Brother , the more unblameable it was , troubled her the more , in regard it cut off any opportunity to feign Crimes , or fasten Suspicions on him ; as also , because she knew he would not endure her loose living ; besides , the People were so affected , that they would take a Guard for her Body , as a manifest Omen of Tyranny : whereupon , her restless Mind , determining by any means whatsoever , to effect , what she had once resolv'd upon , devis'd this Stratagem ; She had a Brother nam'd Iohn , an ambitious Man , and not so strictly conversationed , as Iames was ; he was easily persuaded to be obsequious to the Queen , and thereupon was dearer to Her , as a fitter Instrument to raise Tumults . She communicates her Design to him , in the absence of Iames , about raising a Guard ; The Plot was laid thus , There was a noise of a Tumult to be bruited abroad in the Night , as if Iames Hamilton , Earl of Arran , would have surpriz'd the Queen , who had but a few Men to guard Her , and so have carried her to his Castle , 14 Miles off . This story , they thought , would take with the Vulgar , both because the Queen was averse from him , and he extreamly in Love with Her , both which were publickly known ; This Tumult was made as the Plot was , and Horsemen scouted about the Neighbour-fields , a good part of the Night ; and , in the Morning , a Guard was set at the Court-gate , some fretting , others smiling thereat ; The Authors of this project , though they knew themselves that they were not believ'd , yet were mightily pleas'd , as secure of Mens opinions , and knowing , that none , there present , durst oppose them . Upon this beginning , the Court ran headlong into Wantonness and Luxury ; notwithstanding , as yet , Justice was equally administred , and Offences punish'd ; for the chief management of Affairs was in Iames , the Queen's Brother , who , for his Equity and Valor , was dear to all ; He us'd , as his chief Counsellor , William Maitland , a young Man of a great Judgment , having already given large Experiments thereof , and rais'd up higher Expectations , for the future . Their joint virtuous Counsels kept things quiet at Home and Abroad , and 't was as well , as good Men could wish ; As for the Factious , they could rather fret , than complain justly . Amidst these things , a Debate arose in the Court , which held them play three whole Months . They , who had been Kings or Regents in former times , had exhausted the publick Treasure , ( which was never great in Scotland ) the Queen was immoderately expenceful ; The Estates of the Nobility and Commonalty , in the late Tumults , were mightily wasted ; so that now , nothing remain'd to maintain Court-expences , but the Ecclesiastical Revenues . Whereupon , the chief of the Clergy were sent for to Court , and some of the prime Nobility were added to that Number , that could either cajole them by Persuasion , or compel them by Force . After a long Dispute , the Ecclesiasticks , being overcome rather with the sense of their own Weakness , than the weight of any Reason , the Conclusion was , That a 3 d part should be taken off from Ecclesiastical Revenues , wherewith the Queen should maintain Orthodox Ministers , and reserve the rest for her own use . This Conclusion was pleasing to none : The rich Ecclesiasticks grudg'd , that any of their old Revenues should be par'd away ; and the Reform'd Ministers expected no good from the Queen : yet indeed , though a great shew was made , she got no great matter by it ; For many of the old Possessors had their 3 ds forgiven ; many , both Men and Women , had the Wages for their houshold Service , and Expence , paid out of it , for many Years ; many got Pensions and Supports for their old Age. That Winter , the Queen created her Brother Iames , Earl of Marr , with the great assent of all good Men ; For giving Honour to Virtue , all did praise Her ; that she allow'd some Grains to propinquity in Blood , none did dispraise Her ; and many thought , she had done well for the Publick , in advancing a Person to Honour , who was of an Illustrious Stock , and had so highly deserved of his Country , that so he might preside over publick Affairs , with the greater Authority ; yea , some thought , that this Favour of the Queen 's was intended to reconcile him to Her , who , she knew , was offended at the Carriage of the Court , in his absence . Besides , he had a Wife provided for him , Agnes Keith , Daughter of the Earl of Merch , at which Marriage , there was such magnificent Feasting , or , rather , such immoderate Luxury , that the Minds of his Friends were grievously offended , and his Enemies took occasion of exclaiming and envying ; and the more , because he had been so temperate , all the former part of his Life . Not long after , Murray was bestowed upon him , instead of Marr ( which was found the ancient Right of Iohn Erskin . ) Gordon , being depriv'd , first of Marr , then of Murray , over which Country he had been long Governour , look'd upon himself as robb'd of his Patrimony , and therefore levelled all his Designs at the Overthrow of his Corrival . And besides , he had many other Motives thereunto . For , being far the richest Man in all Scotland , by reason of the Rewards his Ancestors had received , for their Service to the Crown , and also himself had augmented the Power of his Family by ill Arts. First , he overthrew Iohn Forbes , ( as I said before ) by false Witnesses : Next , when Iames Stuart , Brother of Iames the Fifth , died without Children , he obtain'd of them , who sat at Helm , the Stewardship of Murray , whereby he carried himself as Heir , and arriv'd at such a pitch of Greatness , that all his Neighbours laid down their Emulation , and and rested quietly under his Authority , I had almost said , his Vassalages . But whilst others submitted to him , either for fear of Danger , or Patience to bear the Yoak , he was much troubled with the Disregard of one Man , or , as he called it , Pride ; and that was of Iames Macintosh , chief of a great Family amongst the old Scots ; he was born , and brought up , amongst the brute Highlanders , us'd to the Prey ; but yet , whether 't were by a secret instinct of Nature , or else by good Instructors , he arriv'd at that degree of Courtesy , Modesty , and decent Behaviour , that he might vie with those , who had the greatest care us'd in their virtuous Education . Gordon suspected this young-Man's Power , for , he knew , he could not use so good a Disposition , as an Instrument for his wicked Purposes ; and therefore , on a sudden , he laid Hands on him , and cast him into Prison ; but , not able to find any Crime in him worthy of Death , 't is reported , he suborn'd some of his Friends to persuade him , to submit himself and his Cause to him , for That , they told him , was the only Way to be delivered honourably out of Prison , and also to have the Friendship of so powerful a Man , as Gordon . Thus the simple and plain-hearted Man was cheated into his own Destruction ; yet Gordon , being willing to avoid the Envy of his Death , dealt with his Wife to bear the blame of it ; she being a Woman of a stern manly Courage , presently undertook the Matter ; and , in the absence of her Husband , the poor innocent betrayed young-Man had his Head cut off . His Neighbours were either so astonish'd at this Man's Punishment , or else were so aton'd with Gifts , that the whole Country , beyond the Caledonians , was under his Jurisdiction alone ; so that , being a Man ambitious of Power and Glory , he took it very ill , that Iames , Earl of Murray , was set up , as his Rival ; and , being impatient of the present State of things , he took all occasions to promote Disturbances , and did daily calumniate his Proceedings in publick ; yea , he gave a Book , written with his own Hand , to the Queen , wherein he accused him to affect Tyranny , but he back'd it with very slender Arguments . On the other side of the Country , and at the same time , Iames Hepburn , Earl of Bothwel , being much in debt , and very deboist , was thereby excited to attempt against the said Earl of Murray ; for , having spent his Youth wantonly amongst Whores and Bauds , he was reduc'd to that pass , as either to raise up a Civil War , or else to support his Poverty by some audacious Fact : When he had considered all ways to compass his Design of disturbing the Publick Peace , he thought it his best course to set Murray and the Hamiltons together by the Ears ; his Hope seemed sure to destroy one of the Parties thereby , no matter which . First then , he goes to Murray , and endeavours to persuade him , to root out the Hamiltons , a Family distasteful and obnoxious to the Queen , the whole Kingdom , and especially to himself ; and he offered him his Assistance therein , alleging , that the thing would not be unacceptable to the Queen , in regard , besides the common ground of Hatred , that Princes bear against their Kindred , as desirous of their Ruin , the Queen had also some particular and just Causes of Offence ; either because of his Affection to the Evangelical Doctrine and Discipline , of which Arran was the only Assertor , for which also he had incurr'd the Hatred of the Guises in France ; or else , for the hard Words he had lately given to one of the Queen's Uncles , the Marquess of Elbeuf , then in Scotland . But Murray , being an honest conscientious Man , scorn'd to commit so base a Fact. Whereupon , Hepburn went to the Hamiltons , and offered his Service to them , to destroy Murray , whose Power they could not well brook ; he told them , That he was the only Man , who was an Obstacle to their hopes , and an Impeder of their Concerns ; if he were taken away , the Queen must needs be in their power , whether she would or no ; and the Means were facile and easy . The Queen was then at Falkland , a Castle seated in a Town of the same Name : There is a small Wood in the Neighbourhood , wherein Deer , of the nature of Stags ( mistakenly called Fallow-Deer , by the Country ) were kept and fed . The Queen might be easily surpriz'd , as she went thither , every day , or to any neighbour-place , with a small Retinue , at which time , 't were very easy to destroy Murray , being unarm'd , and suspecting no such thing , and to get the Queen's Person into their Hands : he quickly persuaded the rest ; and a time was appointed to perform the Enterprise ; only the Earl of Arran did execrate the Wickedness , and sent Letters privately to Murray , acquainting him with the Series of the whole Plot : Murray writes back to him , by the same Messenger ; but Arran being casually absent , the Letters were given to his Father : Whereupon , a Consultation being held , Arran was shut up a close Prisoner , by his Father , from whence , making his Escape by Night , he went towards Falkland : As his Escape was made known , Horsemen were sent after him , all over the Country , to fetch him back again , but he hid himself in a Wood , and frustrated their Expectation , for that Night ; and in the Morning , came to Falkland , where he discovered the whole Order of the treasonable Design . Not long after , Bothwel , and Gawin Hamilton , who had undertaken , with a Party of Men , to commit the Fact , follow'd him , and , by the Queen's Command , had a Guard set upon them , as Prisoners , in the Castle of Falkland . When the whole Design was thus laid open , and the Spies brought word , that the Officers were met at the Time and Place mention'd by Arran , and that many Horsemen were seen there ; Arran , being ask'd to explain the Order of the Plot , was a little disturb'd in his Mind ; for he mightily doted on the Queen , and was also a great Friend of Murrays , and was desirous to gratify them : On the other side , his Father was no bad Man , only was easily drawn into great and difficult Projects , and he had a mind to exempt him from the Conspiracy . That Night , when he was alone , his Mind was so divided between Piety and Love , that he was almost besides himself ; his Countenance and Speech gave evident signs of some Perturbation of Spirit ; besides , there were other Causes , which might affect the young Man's Mind . For , whereas he had been brought up magnificently , till that very Day , according to the Greatness of his Family ; his Father , being a covetous Man , by the persuasion of some Counsellors , who nourish'd that Vice in him , reduc'd him only to one Servant , who , before , had many Attendants . They , who attempted the Exploit , were sent to divers Prisons ; Bothwel to Edinburgh-Castle , Gawin to Sterlin , till their Cause was tried ; Arran was sent to St. Andrews , whither the Queen was going , to be there kept in the Archbishop's Castle ; there , in his lucid Intervals , he wrote such wise and prudent Letters to the Queen , concerning himself and others , that many were suspicious , he had counterfeited himself mad , only to free his Father from the Treason : As for the rest , he constantly and sharply accus'd them ; insomuch , that when he was brought to the Council , and so private a Conspiracy could not be prov'd by other Testimonies , he proffer'd to fight with Bothwel , himself . About the same time , Arran's Father , first wrote , and after that came , to St. Andrews to the Queen , earnestly desiring her to take Surety for his Son , Bothwel , and Gawin Hamilton , and leave them to him , but he could not be heard . At the same time also , the Queen took Dunbarton-Castle , the strongest in all Scotland , which Hamilton had held , ever since he was Regent . George Gordon , being an Enemy to Murray , was now grown to a far greater hate of Hamilton , his Son's Father-in-Law , who was accus'd of so manifest a Crime , and almost convicted thereof ; he thought now , he had a good opportunity to rid his Enemy out of the way , especially when Two such noble Families were join'd to his side . And first , he caus'd a Tumult to be rais'd in the Town , then but thin of Company , by his own Friends , hoping , that Murray would come out from the Court , to appease it by his Authority ; and then , being unarm'd , he might be easily slain in the Croud . This Project did not succeed , as he would have it ; and therefore he sent some of his Septarm'd into the Court , to do the Fact ; they entred in the Evening , and were to kill Murray , as he was returning to his Lodging from the Queen , who was wont to keep him late at Night ; that time seem'd fittest , both to commit the Fact , and to escape after it was committed . When the Matter was discovered to Murray , he would not have believ'd it , unless he had seen it with his Eyes ; and therefore he got some few of his faithfullest Friends , ( to prevent all Suspicion ) and took one or two of the Gordons in their Armour , as he grop'd with his Hand in the Passage . The Matter being brought to the Queen , Gordon was sent for , who pretended , that some of his Retinue , that were about to go home , had arm'd themselves , but , upon some occasion or other , were detain'd ; this Excuse was rather receiv'd than approv'd of ; and so they departed , for that time . That Summer , by the Mediation of Embassadors on both sides , it was propos'd , That the Queens of Scotland and England should have an Interview at York , there to debate many Controversies ; but when they were almost ready for their Journy , the Matter was put off till another time . The Cause of deferring the Conference , was vulgarly bruited , because the Duke D'Aumale , one of the Brothers of the Guises , had intercepted and opened the Letters of the English Embassador , then at the French Court ; and that by his means principally , the English Ship , which carried another Embassador , was taken and plunder'd . For these Wrongs and Injuries , Matters being likely to incline to a War with France , the Queen went from St. Andrews to Edinburgh , and sent Arran thither too , clapping him up Prisoner in the Castle . In the mean time , Iames , her Brother , went to * Hawick , a great Market-Town in those Parts , and there he surpriz'd fifty of the chief Banditty , which were met together , not dreaming of his coming , which struck such a Terror into the rest , throughout all that Tract , that the whole Country was quieter for some time after . But , as that Fact did procure him the Love and Reverence of good Men , so it did daily more and more excite the Minds of the Envious to his Destruction ; for , whereas Three very potent Families had plotted his Ruin , so the Accession of the Guises made a Fourth ; for they , being willing to restore the old Popish Religion , and knowing , they could never effect it , as long as Murray was alive , imploy'd their utmost Endeavours to remove him out of the way ; many concurrent Circumstances did contribute to the seeming Feasibility of the Attempt ; especially because the French , who had accompanied the Queen to Scotland , being return'd home , had related , what great Interest and Power Gordon had , how unquiet his Mind was , and what Promises of Assistance he had made , to introduce the Mass : All these things they aggravated in their Discourse , to the height . Whereupon , the Matter was debated by the Papists , in the French Court ; and This Way of effecting it resolv'd upon ; They write to the Queen , to cherish the mad Spirit of Gordon , by large Promises , That she should rather pretend than promise , to marry Iohn , his Son ; That so , being hoodwink'd with that Hope , they might lead him whither they pleas'd ; and also , they gave her the Names of those in a List , whom they would have destroy'd and slain . Besides , Letters from the Pope , and the Cardinal , were sent to her , to the same Effect ; For , whereas her Revenue was not sufficient to maintain that immoderate Luxury , to which she had used her self , she craved some pecuniary Aid of the Pope , as if it were to manage a War against those , who had revolted from the Roman Church : The Pope wrote something obscurely ; but the Cardinal plainly , That she should not want Mony for that War , yet so , that Those must be first slain , whose Names were given her in a Scrole . The Queen shewed these Letters to Murray , and to the rest design'd for the Slaughter ; either , because , she thought , they would have some notice of it another way ; or else , to make them believe , she was sincere towards them , as not hiding from them any of her secret Counsels . Thereupon , all other things being fitted for the Attempt , the Queen pretended a great desire to visit the Parts of Scotland , which lie Northwards ; and Gordon promoted her Desire , by his forward Invitation . At last , when she came to Aberdeen , August 13. Gordon's Wife , a Woman of a manly Spirit , and cunning , used all her Art to sift out the Queen's Mind , both to know her secret thoughts , and also to incline them to her own Party ; she knew well enough , that the Designs of Princes are alterable by small Moments , many times ; neither was she ignorant , how the Queen stood affected a little before , towards both of them , Murray and Gordon , too ; for She , hating them both , had sometimes deliberated privately with her self , which of them she should destroy : First , she could not away with the Innocency of Murray , as being a Curb to her Licentiousness ; and as for Gordon , she had experimented his Perfidiousness against her Father , first , then her Mother ; and besides , she fear'd his Power ; but the Letters of her Uncles and the Pope , urged her rather to destroy Murray . Gordon was not ignorant hereof ; and therefore , to cast the Ballance , he promis'd , by his Wife , to restore the Roman Religion : The Queen was glad of that ; yet there was one Impediment , and that no great one , which kept her from assenting to him , and that was , that she did not think it to stand with her Honour , to be reconciled to Iohn , his Son , ( who , a few days before , had been committed to Prison for a Tumult raised at Edinburgh , but had made his Escape , ) unless he return'd to Sterlin , to be there a Prisoner of State , at least , for a few days . The Queen insisted upon this , not so much for that Cause , which was pretended , as that she might have her way clear , when Murray was kill'd , and might not be compell'd to marry , when her Lover was absent : Gordon was willing to satisfy the Queen , yet made some scruple to give up his Son , as a Pledg , into the Hands of a Man , who was the most adverse , of all others , to his Designs , ( and that was Iohn , Earl of Murray's Uncle , Governour of Sterlin-Castle ) especially being uncertain , how the Queen would take the Murder , when it was committed . Whilst these cunning Wits endeavoured to impose one upon another , and were mutually suspicious , the Queen affirming , that the Delay was not in her part , that the Matter was not dispatched ; and yet she us'd no Expedition , neither . Iohn Gordon , to shew himself officious , and to watch all Events , had got together about a Thousand of his Friends and Tenants well-arm'd , and had quarter'd them in the Vicinage , near the Town . But Murray , though not guarded , as he would , yet saw , that all these things were prepar'd for his Ruin , for so he had been advertised by his Friends , both from the French and English Courts ; neither was he much confident of the Queen , yet , in the day-time , he perform'd his accustom'd Services in the Court ; and at Night , had only one or two of his Servants to watch in his Chamber ; and being often inform'd of the Plots of his Enemies against him , yet , by the Help of his Friends , he disappointed all their Purposes , without any Noise . About the same time , Bothwel was let down by a Rope out of a Window , and so escaped from the Castle of Edinburgh . Matters stood at a stay at Aberdeen , by reason of the Dissimulation on both sides . And the Queen , intending to make a further Progress , was invited by Iohn Lesly , a Noble Man , and Client of Gordons , to his House , about twelve Miles off ; that being a lonesome Place , seem'd fit to the Gordons , to commit the Murder : But Lesly , who knew their secret Design , interpos'd and dissuaded them from it , not to put that brand of Infamy on himself and his Family , that he should betray the Queen's chief Brother , a Man not otherwise bad , against whom he had no private Grudg , to the Slaughter . The next night , they pass'd over quietly enough at Rothymay , a Town of the Abrenethies , because , the day after , they determin'd to lodg at ‖ Strabog , a Castle of the Gordons ; so that they deferr'd the Murder till that time , because there All would be in their power . In their Journy , Gordon had a long Discourse with the Queen , and at last , he came to this , plainly to desire the Queen to pardon his Son Iohn , that , being a young Man , and ignorant of the Laws , he had made his Escape out of Prison , into which he was cast for no hainous Offence , only for a Commotion , which was not rais'd by him , neither . But the Queen urg'd , that her Authority would be vilified , unless his Son did return , at least for some days , into another Prison , though a larger one ; that so , his former Fault being , as 't were , expiated , he might more creditably be dismiss'd : Though it were but a slight Command , yet Gordon , who was willing to omit no opportunity of committing the design'd Fact , did obstinately refuse to comply with it , either , because he might cast the blame of the Murder upon his Son , if the Queen did not approve it , when 't was done ; or , because , if the thing should be done in the Absence of his Son , though she were not unwilling thereto , yet he should be kept as an Hostage . The Queen was so much offended at this Stubbornness of Gordon , that , when she was almost in sight of his House , she turn'd aside another way ; so that the whole Plot , so wisely contriv'd , as they thought , was now quite cast off the hinges , till they came to Inverness . For there , besides Gordon's being Lord President for the Administration of Justice , he also commanded the Queen's Castle , which was seated on an high Hill , and commanded the Town ; and besides , the whole Country thereabouts were his Vassals . The Queen determined to lodg in the Castle , but was not suffer'd by the Guards ; being thus excluded , she began to fear , in regard she was to lodg all Night in an unfortified Town ; and in the mean time , Huntly's Son had about a Thousand choice Horse now in Arms , besides a promiscuous Multitude of the Parts adjacent . But the Queen , taking Counsel from her present Circumstances , set a Watch at all Avenues into the Town ; she commanded the Ships , which had brought her Provisions , to ride ready in the River , that if her Guards were beaten off , she might have a Retreat to Them. In the midst of the Night , some Scouts was sent out by Huntly ; and the first Watch let them pass on purpose , till they came to a narrow Passage , there they were all surrounded and taken ; and , of the Highlanders , the Macintoshes Tribe , as soon as they understood they were to fight against the Queen , forsook Huntly , and came to her , the day after , into the Town . A great Multitude of the Highlanders , when they heard of the Danger of their Prince , part by Persuasion , part of their own Accord , came in , and especially the Frazers and Monroes , valiant Families in those Countries : The Queen , now being secure against any Force , began to besiege the Castle : The Besieged were not enough for Number , neither was it well fortifi'd or prepared to indure a Siege , so that it was surrendered to her ; the chief Defendants were put to Death , the rest were sent to their own homes . The Nobility came in on all parts ; upon the coming of some , others were permitted to go home ; so , on the 4 th day after , with a Guard strong enough , she returned to Aberdeen . There , being freed from Fear , she was mightily inflamed with Hatred against Gordon , and being eager to be revenged , she again received her Brother , outwardly , into her Favour , pretending , that her Dependance was wholly on him : Yea , she indeavoured to persuade others , that her Safety was bound up in his Life . Hereupon , Gordon , perceiving , that the whole Face of the Court was altered ; that the Earl of Murray , lately design'd for the Slaughter , was now in great Favour ; and that himself was fallen from the top of his Hopes , into a mortal Hatred ; and perceiving , he was gone further , than would admit a Retreat and Pardon , betook himself to desperate Counsels ; he thought no Remedy better for his present Danger , than , by all means , to get the Queen into his Power ; and though , he knew , he should grievously offend her at present by the Attempt , yet he did not despair , but her womanly Heart might be made flexible , by Observance , Flattery , and the Marriage of his Son , of which her Uncles were supposed to be Contrivers . This Design he communicated to his Friends , and resolved , by some means or other , to remove Murray out of the way ; for if that were done , there was none besides , to whom the Queen would commit the Government ; or , who was able to manage it . His Spies gave him hope of the Feasibility of the thing ; and amongst others , George Gordon , Earl of Sutherland , who was a daily Attendant at Court , and , pretending good Will to the Queen , did fish out all her Counsels , and , by fit Messengers , acquainted Huntly therewith ; yea , he did not only observe the opportunities of Time and Place , but also promised his Assistance to effect it . Besides , the Town was open on every side , and fit for any private Attempt ; the Inhabitants , either by Largesses won , or by Alliances joined , or with Fear terrified , would attempt nothing to the contrary . The High-landers were dismiss'd with the Earl of Murray ; there were but a few , and they came too from remote parts , whom he did not much fear to disoblige : And seeing all the Neighbour-Countries were in his Power , the matter might be transacted without Blood , only one Man's Death might put the Queen into his Hands , the other Wounds might be easily cured : These things drove him on to attempt the Matter , and when the Way to accomplish it was now fix'd , some Letters of the Earl of Sutherland and Iohn Lesly were intercepted , which discover'd the whole Intrigue . Sutherland , upon the Discovery , fled for it , but Lesly acknowledged his Fault , and obtained his Pardon , and ever after , as long as he liv'd , performed true and faithful Service , first to the Queen , then to the King. Huntly , who , with a great Body of Men , waited the Event of his Design , in a place almost inaccessible by reason of the circumjacent Marishes , by the advice of his Friends , determined to retreat to the Mountains ; but many of the Neighbour Nobility then with the Queen , being his Friends , he trusted to their Promises , and therefore altered his Resolution , and determined to abide the Success of a Battel in that advantagious Place ; Murray had scarce an 100 Horse , in which he could confide ; but there followed him of the Nobles , then present , Iames Douglas , Earl of Morton , and Patrick Lindsy ; with these , he march'd forth against the Enemy , the rest were Country-Men of the Neighbour-hood , gathered together , about 800 , whom Huntly , for the most part , had corrupted before , and were more likely to draw on Murray's Party to their Ruin , than give them any Aid ; yet they made mighty Boastings in words , promising , That they themselves , without any other help , would subdue the Enemy ; Others should but look on , and be Spectators only . Some Horsemen were sent before , to keep all Passages about the Marish , that Huntly might not escape ; the rest march'd softly after , and though , the Night before , many of the Gordonians had slipped away , yet he had still with him above 300 Men , maintaining themselves in their Posts . When Murray came thither , he stood with his Party , in Order and Rank , on a small Hill , where he overlook'd all the Marish ; the rest , as they were advancing towards the Enemy , gave evident Tokens of Treachery , putting Boughs of Heath on their Helmets , ( for that Plant grows in abundance in those Parts ) that they might be known by the Enemy . When they came near , the Huntleans , secure of the Success , hasten to them , and seeing the adverse Army disordered , by the Traitors , and put to Flight , that they might more nimbly pursue them , they cast away their Lances , and , with their drawn Swords , to terrify those Ranks that stood , they cried out Treason , Treason , and made with great Violence at the Enemy . The Traitors , thinking , that they should also put to Flight the standing Party , made haste towards it ; But Murray , perceiving no hope in Flight , and that nothing remain'd , but to dye nobly , cried out to his Party , to hold out their Lances , and not to let those that were running away , come in amongst them : They , being thus unexpectedly excluded from both Wings , passed by in great Disorder . But the Huntleans , who now thought the matter ended , and the Victory sure , when they saw a Party , though but small , standing in a terrible manner , with their Pikes forward ; they , who were making towards them , dispersedly and out of order ; and could not come to handy-strokes , by reason of the length of their Spears , being struck with a sudden Terror , fled as swiftly , as they had pursu'd before . The Revolters perceiving this change of Fortune , press'd upon them in their Flight , and , as if willing to expiate their former Fault , what Slaughter was made that Day , 't was They that did it . There were 120 of the Huntleans slain , and 100 taken Prisoners ; of the other Army , not a Man was lost . Amongst the Prisoners , was * Huntly himself , and his two Sons , Iohn and Adam ; the Father being an old Man , corpulent and pussy , dyed under the Hands of those that took him . The rest , late at Night , were brought to Aberdeen . Murray had appointed a Minister of the Gospel to wait for his Return , where , in the first place , he gave Thanks to † God Almighty , who , out of his Mercy , alone , beyond all Men's Expectation , without any Strength or Wisdom of his own , had delivered him and his Men out of so imminent a Danger ; afterwards , he went to the Court , where , though many did highly congratulate him , yet the Queen gave no Sign of Joy at all , either in Speech or Countenance . A few days after , Iohn Gordon was put to Death , not without the Trouble of many , for he was a manly Youth , very beautiful , and entring on the prime of his Age , not so much designed for the Royal Bed , as deceived by the Pretence thereof ; and that which moved no less Indignation than Pity , was , that he was beheaded by an unskilful Headsman . The Queen beheld his Death with many Tears , but , as she was prone to conceal and counterfeit Affections , so , various Descants were made upon her Grief and Passion ; and the rather , because many knew , that her Brother was as much hated by her , as Huntly : She pardoned Adam , because he was but young ; George the eldest Son , in this desperate case , fled from his House to his Father-in-Law Iames Hamilton , there to shelter himself ; or else , by his Mediation to obtain his Pardon . As for Gordon's Followers , according to the Degrees of their Offences , some were fined , others banish'd the Land ; many sent packing into remote parts of the Kingdom , that they might make no more Commotions at home : Those , who lighted upon powerful Intercessors , were remitted their Offence , and taken into former Grace and Favour : Matters being thus settled , or , at least , appeased for the present , the rest of the Winter was spent in Peace . The 26 th day of November , * Bothwel , who had escap'd out of Prison , was , by a Proclamation , commanded to render himself again , and in Default thereof , he not obeying , was declared a publick Enemy . When the Queen was returned from Aberdene to St. Iohnston's , Iames Hamilton came to her , to beg Pardon for George Gordon , his Son-in-Law ; he received an Answer not wholly severe , yet was forced to deliver up his Son-in-Law , who was sent Prisoner to Dunbar , and , the next Year after , which was 1563 , on the 7 th of the Calends † of February was brought to Edinburgh , there condemned for Treason , and sent back to Dunbar . 'T was about this time , that there came forth a Proclamation , under a pecuniary Mulct , That ‖ no Flesh should be eaten in Lent ; The pretence was , not any thing of Religion , but civil Advantage only : The Arch-bishop of St. Andrews , because he did not forbear to hear , and say , Mass , after the Edict made at the coming in of the Queen , was committed Prisoner to the Castle of Edinburgh ; Others , guilty of the same Fault were punish'd , but slightly , yet were threatned to be more severely treated , if they offended in the like sort , again . Now the time of the Parliament drew near , which was summon'd to be held the 20 th day of May , where the Queen , with the Crown on her Head , and her Royal Robes , went in great Pomp to the Parliament-house , a new Spectacle to many , but that Men had been accustom'd to bear the Government of Women in her Mother's and Grandmother's Days . In that Assembly , some Statutes were made in Favour of the Reformed , and some Coyners were punish'd ; the rest of the Summer the Queen spent in Athol , in the Sport of Hunting . At the end of Autumn , * Matthew Stuart Earl of Lennox , by the Queen's Leave , returned to Scotland , having been unworthily deserted by the King of France , the 22 d Year after his Departure , as I said before : And the next Year , which was 1564 , in the Month of Ianuary , at a Convention of the Estates , held almost on purpose for that very thing , his Banishment was remitted , and his Goods restored , the Queen seconding that Remission with many favourable Words , and repeating the many great Services the Earl had done her in her very Infancy , she having been delivered out of her Enemies Hand , and advanced to her Throne , by his Means . Afterwards , † Henry , his Son , came out of England into Scotland , on the 12 th of February , having there obtained a Convoy for three Months . This Young Man , being of an high Linage , and very beautiful , the Son of her Aunt , the Queen of Scots received very courteously , and delighting daily in his Society , the common Speech was , That she would marry him ; neither was the Nobility against it , because they saw many advantages might redound to Britain , by that Marriage , if it might be made by the Queen of England's Consent . Both of them were in an equal Degree of Consanguinity from her , and she was so far from being against it , that she was willing rather to seem the Author of it , and so to lay some Obligation upon her , in making the Match ; besides , she thought it for her Advantage , to humble the Power of her Kinswoman , by this condescending Marriage , that it might not swell beyond what was safe and fit for Neighbours . But when all was concluded on , there fell out a Business which retarded all , and turn'd every thing , as it were , upside down ; to make it plain , I must fetch the Original Story , a little higher . There was one ‖ David Rize , born at Turein in Savoy , his Father being honest , but poor , got a mean Livelihood for himself and Family , by teaching the Elements of Musick ; and , having no other Patrimony to leave his Children , he made them all , of both Sexes , skilful Musicians . David was one of them , who , being in the prime of his Youth , and having a sweet Voice , was , by his Skill in Musick , erected to the hope of a better Fortune ; he went to * Nice , to the Court of the Duke of Savoy , which Place that Duke had newly obtained ; but , meeting with no Entertainment there , answerable to his hopes , contriving every way how to relieve himself in his Penury , he light upon Morettius , who , by the Dukes Command , was then preparing for a Voyage to Scotland ; him he followed into Scotland ; but , Morettius being a Man of no great Estate , and looking upon his Service as unnecessary and useless , he resolved to stay in Scotland , and try his Fortune there , especially because he had heard , that the Queen was delighted in Musick , and was not ignorant of the Grounds of it , her self . Whereupon , to make way to her Presence , he first dealt with her Musicians , of which many were French , to admit him into their Society , which they did ; and having plaid his part once or twice , was lik'd very well , whereupon he was made one of their Set and Company , and he so complied with the Queen's Humour , that , partly by flattering her , and partly by undermining others , he grew into high Favour with her , and into the extream Hate of his Fellows ; neither was he content with this favourable blast of Fortune , but he despised his Equals too , and , by sundry Criminations , worm'd them out of their Places ; then he rose higher , and began to treat about Matters of State , and , by degrees , was made Secretary ; and , by that means , had opportunity of private Converse with the Queen , apart from others . The sudden advance of this Man , from a low , and almost beggerly , Estate , to such a Power , Wealth and Dignity , afforded Matter of Discourse to the People ; His Fortune was above his Virtue ; and his Arrogance , Contempt of his Equals , and Contention with his Superiours , were above his Fortune . This Vanity and Madness of the Man was much increas'd and nourish'd by the Flattery of the Nobility ; who sought his Friendship , courted him , admir'd his Judgment , walk'd before his Lodgings , observing his Ingress and Egress : But Murray alone , who had no Dissimulation in his Heart , was so far from fauning on him , that he gave him many a sour look , which troubled the Queen , as much as David himself ; But he , on the other side , to uphold himself in his Station against the Hatred of the Nobles , did apply himself , with great Adulation , to the young † Gentleman , who was to be the Queen's Husband ; so that he came to be so familiar with him , as to be admitted to his Chamber and Bed-side , and to secret Conference with him ; where he persuaded him , out of his unwary Credulity and Forwardness to compass his Desires , that he was the chief occasion to make the Queen to cast her Eye upon him : Besides , he cast in Seeds of Discord betwixt him and Murray , every day , as knowing , that if he were removed , he should pass the residue of his Life without Affront or Disturbance . There was now much talk abroad , not only of the Queen's Marriage with Henry , and his secret recourse to her ; but also of the too great Familiarity betwixt her and David Rize : Murray , who , by his plain downright advice to his Sister , got nothing , but her Hatred , resolved to leave the Court , that so he might not be thought the Author of what was acted there . And the Queen was willing enough , that so severe a Supervisor of her Actions should withdraw , especially in a Season , whilst she was strengthning the contrary Faction : For she recall'd those which were banish'd , Bothwel , from France ; George Gordon , Earl of Sutherland , from Flanders ; the other George Gordon , Son to the Earl of Huntly , she delivered out of Prison , and restored to his former Place and Dignity . When Bothwel was return'd from France , Murray accuses him of the Treasonable Practices he had lately committed against him : Some of those Noble-Men , and Gentlemen , who were his Familiars in France , were Witnesses against him . The Matter was clear , foul , and heinous . A Day was appointed for the Trial , but the Queen first dealt earnestly with her Brother , to desist from the Prosecution ; which he refused , judging his Credit to be much at stake , which way soever the balance did incline , in the Case . What did the Queen do next , but wrote Letters to many of the Nobility , not to appear at the time appointed ? and as Alexander , Earl of Glencarn , Murrays intimate Friend , was passing by Sterlin , she sent for him , out of the way , to her ; yet all good Men were so well agreed in the Case , that Bothwel , being precondemn'd in his own Conscience , and moved with the general detestation of the wicked Attempt , durst not abide the Trial. This favour of the People to Murray , did so inrage the Queen's Mind against him , that she hastned his , long before design'd , End , and the Manner to accomplish it , was This : Murray was to be sent for to Perth , where the Queen was with a few Attendants , there Darnly was to discourse him , and , in the Conference , they all knew , he would speak his mind freely ; and then a Quarrel would arise , upon which David Rize was to give him the first blow , then the rest were to Wound him to Death . Murray was made acquainted with this Conspiracy by his Friends at Court , yet , come what would , he resolved to go ; but , as he was on his Journy , being again advis'd by Patrick Ruven , he turned aside to his Mother's house , near Loch Levin , and , being troubled with a Lask , excused himself and staid there . Thither some of his Friends came to visit him , upon which , a Report was presently spread , that he staid there , to intercept the Queen and Darnly in their Return to Edinburgh ; whereupon Horsemen were sent out , but they discovered no Men in Arms , or sign of any Force , yet the Queen made such haste , and was so fearful in this Journy , as if some great Danger had been at hand . The Marriage was now at hand , and a great part of the Nobility call'd together at Sterlin , That so the Queen might countenance her Will and Pleasure with some pretence of Publick Consent . Most of those , they sent for , were such , as , they knew , would easily give their Assent ; or else , that durst not oppose : Many of those , so congregated , assented to the Motion , Provided always , that no Alteration should be made in the then establish'd Religion ; but the Most did it to gratify the Queen , only Andrew Stuart , of Ochiltry , openly profest , that he would never give his Consent to the admission of a Popish King. As for Murray , he was not averse from the Marriage , ( for he was the first Adviser , that the young Man should be call'd out of England ) but he foresaw , what Tumults it would occasion , if it were celebrated without the consent of the Queen of England ; besides , he promis'd to procure her Consent , that so all things might go on favourably , Provision being made about Religion ; but , perceiving , that there would be no freedom of Debate in that Convention , he chose rather to be absent , than to declare his Opinion , which might prove destructive to himself , and no way advantagious to the Commonwealth . Moreover , there was a Question started and discours'd , amongst the Vulgar , Whether the Queen , upon her Husbands death , might not marry any other Man , whom she pleas'd ? Some were of Opinion , That a Queen might have the same freedom , as Men , even of the Commonalty , have ; Others , on the contrary , affirming , That the Case was different , in reference to Heirs of Kingdoms , where at once , an Husband was to be taken to a Wife , and a King to be given to the People ; and That it was far more Equitable , that the People should provide an Husband for one young Queen , than that a young Queen should chuse a King for all the People . In the Month of Iuly , came an Embassador from England , who declar'd , That his Mistress did much admire , That , seeing they were both equally allied to Her , they should precipitate so great an Affair without acquainting her therewith ; and therefore She earnestly desir'd , that they would stay a while , and weigh the thing a little more seriously , to the great Advantage , probably , of both Kingdoms . This Embassy effected nothing . Whereupon Sir Nicholas Throgmorton was sent by the Queen of England to tell Lennox and his Son , that they had a Convoy from her , to return at a set Day , and that Day was now past ; and therefore , she commanded them to return , which if they did not , they were to be banish'd , and their Goods Confiscate . They were not at all terrified with the Commination ; but persisted in their purpose . In the mean time , the Queen being sensible , that it would seem a very incongruous Match , if She , who was lately the Wife of a Great King , and besides , the Heir of an Illustrious Kingdom , should marry a private young Man , who had no Title of Honour conferr'd upon him , she made an Edict , proclaiming Darnly Duke of Rothsea , and Earl of Ross. Moreover , the Predictions of wizardly Women , in both Kingdoms , did contribute much to hasten the Marriage , who prophesy'd , that , if it were Consummate before the end of Iuly , it foretold much future Advantage to them Both ; if not , much Reproach and Ignominy . Besides , Rumors were spread abroad of the Death of the Queen of England , and the Day mention'd , before which she should die . Which Prediction seem'd not so much to divine things , as to declare a Conspiracy of her Subjects against her . This also added much to the Queen's haste , she knew , her Uncles would be averse from the Marriage ; and , if it were longer delay'd , she fear'd , they would cast in some Remora , to disturb the Thing , now almost finish'd . For , when the secret Decree and Resolution was made , to carry on the Holy War thrô all Christendom , and Guise was appointed General of the League to extirpate the Reform'd Religion , hereupon he nourish'd high and ambitious Hopes , and therefore determin'd , by his Sisters Daughter , so to trouble Britain with domestic Tumults , that they should not be able to Aid their Friends beyond Sea. And David , who could then do most with the Queen , urg'd , That the Marriage would be highly advantagious to all Christendom , because Henry Darnly , and his Father , were stiff Maintainers of the Popish Religion , were very Gracious in both Kingdoms , allied to great Families , and had large Clanships under them . This , being long debated , was at last carried ; For , he knew , That if the Marriage were made by the Consent of the Queen of England , and the Nobility of Scotland , that he should lose two great Points ; One , that he should be no ways ingratiated , as before ; and the Other , that * Religion would be secur'd . But if the Queen adher'd to the Council of Trent , then he promis'd Honours , Ecclesiastical Dignities , heaps of Mony , and unrivall'd Power , to himself ; So that , turning every Stone , He at last procur'd , that the Marriage should be hasten'd . The Scots not being much for it , and the English very much against it . Note , That the Name of Henry is joined with Mary , in the Title , tho before their Marriage , is accounted for at the Close of the Catalogue of the Scotish Kings , prefixed before the Body of this History . Mary and Henry Stuart , the CVIIth Queen and King. HEnry Stuart was marry'd to Mary Stuart , Iuly 28 th ; and O Yes being made , Proclamation thereof was publickly read , with the applause of the Multitude , God Save Henry and Mary , King and Queen of Scotland , and , the day after , they were proclaim'd in like Manner , by an Herauld at Edinburgh . This Matter did grievously offend the Nobility , and the Commons also ; yea , some fretted and openly storm'd , That 't was a thing of the worst Example , that ever was . For , To what purpose was it , to call a Council about making a King ; and never to ask their Advice ; nor to comply with their Authority , but to set up an Herauld instead of a Senate ; and a Proclamation for a Statute of Parliament , or Order of Council ? so that it was not ( said they ) a Consultation , but an Essay rather , how the Scots would bear the yoke of Tyranny . The absence of so many Nobles increas'd the Suspicion : The chief Nobility were away , Iames Duke of Castle-herault , Gilespy Earl of Argyle , Iames Earl of Murray , Alexander Earl of Glencarn , Andrew Earl of Rothes , and many others of Rich and Noble Families . Heraulds were sent to them to command them to come in , which they not doing , were banish'd , and went most of them into Argyle , and their Enemies were recall'd to Court. The King and Queen having got as much Force together , as they thought were sufficient to subdue the Rebels , with 4000 Men came to Glasgow . The Rebels kept themselves at Pasley , where various Consultations were held , according to the Disposition of the Parties . The King and Queen sent an Herauld at Arms to have the Castle of Hamilton surrendred to them ; which not being done , they prepare themselves for the Fight . The contrary Faction was at variance one with another , and divided into several Opinions . The Hamiltons , who had the greatest Power in those Parts , were of Opinion , That no firm Peace could be made , till the King and Queen were Both taken out of the way ; as long as they were safe , nothing could be expected , but new Wars , continual Plots , and a counterfeit Peace , worse than an open War , private Men , ( said they ) may forget Injuries offer'd them , being weary of prosecuting them ; yea , sometimes they were recompens'd with great Advantages ; but the Wrath of Princes was not to be quench'd , but by Death only . But Murray and Glencarn , who understood , that their discourse was not founded on the Good of the Publick , but their own private Advantage , ( for , upon the Queen's death , they were the next Heirs to the Crown ) did equally abhor the Princes death , and Hamiltons Government too , which they had lately experienc'd , to be Avaritious and Cruel ; so that , They were for milder Counsels , and , in regard , 't was a civil Dissension , wherein , as yet , there was no blood shed ; the Dispute having been hitherto managed by Votes not Arms , they thought it fit , if possible , to end it by an honest Agreement . Hereunto , they thought , many in the King's Army would hearken , as being desirous of Peace , and would not be wanting to plead for Those , that , in Defence of their Liberties , were inforc'd to take up Arms. As for the King and Queen , They , being yet young , might not perhaps be so Provident ; and , for their Parts , they had not yet so far transgrest , as to indanger the Common-wealth ; as for smaller Injuries , which affected their Names and Reputations only , 't was fitter they were cured by other Remedies , than Death . For , they remembred , 't was an old Caution transmitted from their Ancestors , for Imitation , That , in the Lives and Manners of Princes , their hidden Vices ought to be concealed ; their doubtful Ones taken in the best sense ; and their open Ones , so far born with , as they did not endanger the Ruin of the Publick . This Opinion pleased the most , and the rest of the Hamiltons acquiesced therein , and resolved to be quiet , only Iames , chief of their Family , with 16 Horse , remained with the Nobility ; who , being lessened by the recess of the Hamiltons , were not able to give Battel to the Enemy , nor yet to break through , each to his own Clan , and therefore they yielded to the Times , and came that Night to * Hamilton , and the next Day to Edinburgh , to consult how to manage the War : But , in regard the Castle which commanded the Town , continually plaid upon them , and their Friends could not come in so soon from remote Parts , as was requisite ; and moreover , the King and Queen were reported to be near them with their Forces , by the great Persuasions and Promises of Iohn Maxwel of Herreis , they directed their Course towards Dumfreiz . The King and Queen returned back to Glascow , and left the Earl of Lennox , their Lieutenant , in the Country towards the South-West , they themselves went afterward to Sterlin , and thence into the middle of Fife . They made the greatest part of the Nobility take an Oath , That if any Commotion arose from England , they would faithfully oppose it ; the rest were punish'd , some by Fine , some by Banishment . The Goods of those , who fled into England , wherever they could find them , were seized upon , and they appointed Commissions of Oyer and Terminer to be held in all Counties , to enquire into the Remains of the Rebellion . On the 9 th of October , they drew forth their Army out of Edinburgh , and march'd towards Dumfriez . Maxwel , who , till that time , had pretended to be highly of the Party , which was against the King , thinking it now a fit opportunity to cater for himself , went forth to meet them , as if he would have interceded for Pardon , for the whole Party . He dealt with them , to have part of his Father-in-Laws Estate , which he had a great mind to have bestow'd upon him ; they look'd upon him , as an active subtil Man , fit for Counsel and Business , and granted his Request ; whereupon , he return'd to the Rebels , and told them , he could do them no good ; and therefore they must all shift for themselves : England was near at hand , if they would retire thither , after he had settled his Affairs at home , he would follow them , and live and die with the Party ; In the interim , he got a thousand Pounds from Murray ; upon the account of Mony , which , he alleged , he had expended in listing some Horse ; For , being commanded to raise some few Troops of Horse , he caused all his Domesticks to appear as if they had been Souldiers , formally listed . The Rebels were terrified at the coming of the King and Queen , and at Maxwels revolt from them ; So that the King and Queen , hereupon , did what they pleas'd ; They drove away most of the Leaders of the Faction , and the rest were intent on the Event of their Danger , so that about the end of October they return'd to Edinburgh , and all things were quiet in Scotland , till the beginning of the next Spring . A Convention of all the Estates of the Kingdom was Indicted to be held in March , that so the Goods of those who were banish'd might be Confiscate , their Names struck out of the Roll of the Nobility , and their Armorial Ensignes torn in Pieces ; neither of which the Kings of Scotland can lawfully do , without an Act of Parliament . In the interim , David , perceiving the Court to be empty of Nobility , and thinking it an opportunity to shew and declare the Excessiveness of his Power , did suggest severe Counsel to the Queen , daily pressing her to cut off some of the chief of the Faction ; if a few of them ( said he ) were executed , the rest would be quiet ; and in regard , he thought , the Queen's Guard , being Scots-men , would not easily consent to the cruel Murder of the Nobility , he was very intent to have them thrown out of their Places , and to introduce Foreigners into their Rooms , ( a Project , that is wont to be the beginning of all Tyranny ; ) first , Mention was made of sending for some Germans over for that Service ; because that Nation were highly faithful to their Princes : But , when David had considered seriously with himself , he thought it more conducive to his Interest to have Italians ; first , because , being his Country-Men , he presumed , they would be more at his Devotion ; next , that being Men of no Religion , they would be fitter to make Disturbances , so that , he thought , they might easily be induc'd to venture upon any Design , Right or Wrong ; for , being wicked and indigent Persons , born and bred up under Tyrants , us'd to War , and being far from their own home , they car'd not what became of Britain , and therefore seem'd most Proper to attempt Innovations . Hereupon , Souldiers of Fortune were privately sent for out of Flanders and other Countries of the Continent ; but they were to come in by Piece-meal , as 't were , One by One , and at several times , too , that the Design might not be discover'd : It would be more dangerous ( said he ) to offend any one of those Ruffians , than the Queen her Self . But , as David's Power and Authority , with the Queen , did daily increase , so the King grew Cheaper with her every Day ; for , as She had been rashly precipitate in making the Marriage , so She as soon repented , and gave manifest Tokens of her alienated Mind . For , as presently after the Marriage was celebrated , she had publickly Proclaim'd him King by an Herauld , without the consent of the States , and afterwards , in all her Mandates till that time , the King and Queens Name were exprest , now she chang'd the Order , keeping both Names in , but setting her own , First . At length , the Queen , to deprive her Husband of all opportunity to do Courtesies for any , found fault with him ; that , whilst he was busy in Hawking and Hunting , many State-Matters were acted unseasonably ; or else , were wholly omitted ; and therefore it would be better , that She might subscribe her Name for them Both ; and , by this means , he might enjoy his Pleasure , and yet no publick Business be retarded . He was willing to gratify her in every thing , and yielded to be dismist upon such frivolous Grounds , that so , being remote from the Council and Privity of publick Affairs , the Obligation for all Boons might rebound to the Queen her self . For , she thought thus with her self , that if her Husband's Favour could do no good Offices for any , and his Anger were formidable to none , he would , by Degrees , grow to be despis'd by all ; and to increase the Indignity , David was substituted , with an Iron Seal , to impress the King's Name on Proclamations . He , thus fraudulently cheated out of publick Business , lest he might also prove an Interrupter of their private Pleasures , in a very sharp Winter , was sent away to * Pebly , with a small retinue , far beneath the Dignity of some private Persons , for a Prey rather than Recreation . At the same time , there fell such a quantity of Snow , that , the Place not being very Plentiful , and besides , troubled with Thieves ; He , that was always bred up at Court , and used to a liberal Diet , was in great hazard of wanting Necessaries , unless the Bishop of the Orcades had casually come thither ; for he , knowing the scarcity of the Place , brought him some Wine , and other Provisions , for his use . The Queen was not content to advance David , and , as 't were , to shew him to the People , from such an obscure Original , on the account before mention'd ; but she advis'd another way , how to cloath him with domestick Honour : For , whereas the Queen had , for some Months before , permitted more Company than was usual to sit with her at her Table ; that so , in the Croud , David's place might be less envy'd ; by this shew of Popularity , she thought , to gain the point , that the unaccustomedness of the Sight would , by the Multitude of Guests and daily Usage , be somewhat alleviated ; and so Mens high Stomachs , by degrees , be inur'd to bear any thing . At last it came to this , That but he and one or two more fat at Meat with Her ; and , that the straitness of the Room might take off something from the envy of the thing , sometimes she would eat her Junkets in a small Parlor , sometimes at David's own Lodgings . But the Way she thus took to abate , did but increase , the Reflections , for it maintained Suspicions , and gave occasion to odd Discourses . Mens Thoughts were now inclin'd to the worst , and it serv'd to inflame them , That in Housholdstuff , in Apparel , and in the Number of brave and stately Horses , he exceeded even the King himself ; and it made the matter look the worse , that all this Ornament did not credit his Face , but rather his Face spoil'd all this Ornament . But the Queen , not being able to amend the Faults of Nature , endeavour'd , by heaping Wealth and Honour upon him , to raise him up to the degree of the Nobles , that she might cover the Meanness of his Birth , and the Defects of his Body too , with the Vail of his lofty Promotions . But he was to be advanced by degrees , lest he might seem to be but a poor Mercenary Senator . The first Attempt was made , on the account of a piece of Land near Edinburgh , the Scots call it * Malvil : The Owner of the Land , his Father-in-Law , and others , that were best able to persuade him , were sent for , and the Queen deals with the present Owner , to part with his Possessions ; and she desir'd his Father-in-Law , and Friends , to persuade him to it : But this Matter not succeeding , the Queen took the Repulse , as an Affront to her ; and , which was worse , David took it very heinously , also . These Things being noised abroad , the Commonalty did bewail the sad State of Affairs , and expected that things would grow worse , if Men , eminent for their Families , Estates and Credits , should be outed of their ancient Patrimonies , to gratify the Lust of a beggarly Varlet ; yea , many of the elder Sort call'd to mind , and told others of that time , when Cockburn wickedly slew the King's Brother ; and , of a Stone-cutter , was made Earl of Marr , which rais'd up such a Fire of Civil War , that could not be extinguish'd , but by the Death of the King , and almost the Destruction of the Kingdom . These things were spoken openly , but Men in private did mutter much more , ( as it useth to be in Matters not very creditable ) : Yet the King would never be persuaded to believe it , unless he saw it with his own Eyes ; so that , one time , hearing , that David was gone into the Queen's Bed-Chamber , he came to a little Door , of which he always carried the Key about him , and found it bolted in the inside , which it never us'd to be ; he knock'd , no body answered ; whereupon , conceiving great Wrath and Indignation in his Heart , that Night he could not sleep . From that time forward , he consulted with some few of his Servants , ( for he durst trust but a few , many of them having been corrupted by the Queen , and put upon him , rather as Spies of his Actions , than Attendants on his Person ) how to rid David out of the way ; they approved his Design , but could not find out a probable Way to effect it ; that Consultation had been managed for some days , when other of his Servants , who were not of the Privacy , suspected the matter , and there being evident signs of it , they acquainted the Queen therewith , and told her , They would bring her to the place where they were , and they were as good as their Words ; they observ'd and watch'd the opportunity , when others were shut out , and the King had only his Confidents with him ; the Queen , as if she were passing through his Chamber to her own , surprized him , with his Partisans ; whereupon , she inveighed against him most bitterly , and highly threatned his Domesticks , telling them , all their Plots were in vain , she knew all their Minds and Actions , and would remedy them well enough , in time . Matters being brought to this pass , the King acquaints his Father with his sad Condition ; they both concluded , That the only Remedy for the present Malady , was , to reconcile that part of the Nobility which were present , and to recal those that were absent ; but great haste was required in the thing , because the Day was near at hand , wherein the Queen resolved to condemn the Nobles that were absent , she having Indicted a Convention of the Estates for that purpose , against the Wills of the French and English Embassadors , who interceded in the Case : For they knew , that the Accused had committed no such heinous Offence ; and besides , they foresaw the Danger that would insue . About the same time , the Queen of England sent her a very large and obliging Letter , full of prudent Advice , in reference to the present Estate of Scotland , endeavouring to incline her Kinswoman , from a wrathful , to a reconcilable Temper . The Nobility knew , that such Letters were come , and they guess'd at What the Contents were ; and thereupon , the Queen counterfeited a civiller Respect to them than ordinary , and began to read them in the presence of many of them ; when she was in the middle , David stood up , and bid her , Read no more , she had read enough , she should stop ; that Carriage of his seemed to them rather arrogant than new , for they knew , how imperiously he had carried it towards her heretofore , yea , and sometimes he would reprove her more sharply , than her own Husband ever durst do . At that time , the Cause of the Banish'd was hotly disputed in the Parliament-House ; some , to gratify the Queen , would have the Punishment , due to Traitors , to be pass'd upon them ; others contended , that they had done nothing worthy to be so severely treated . In the mean time , David went about to all of them , one by one , to feel their pulses , what each ones Vote would be concerning the Exiles , if he was chosen ‖ Speaker , by the rest of the Convention ; he told them plainly , the Queen was resolved to have them condemn'd , and 't was in vain for any of them to contend against it ; and besides , he would be sure to incur the Queen's Displeasure thereby . His Design in this , was , partly to confound the weaker Spirits betwixt Hope and Fear , and partly to exclude the more resolv'd out of the number of the Judges select , or Lords of the Articles ; or , at least , that the major Part might be of such a Gizard , as would please the Queen . This audacious Improbity of so mean a Fellow , was fear'd by some , and hated by all . Whereupon , the King , by his Father's Advice , sent for Iames Douglas , and Patrick Lindsy , his Kinsmen , one by the Father , the other by the Mother's side ; they advise with Patrick Ruven , an able Man both for Advice and Execution , but he was so weakned with a lasting Disease , that , for some Months , he could not rise out of his Bed ; however , they were willing to trust him , amongst some few others , in a matter of so great Concernment , both by reason of his great Prudence , and also because his Children were Cousin-Germans to the King. The King was told by them , what a great Error he had committed before , in suffering his Kinsmen and Friends to be driven from Court , in favour of such a base Rascal , as Rize ; yea , he himself did , in effect , thrust them out from the Court with his own Hands , and so had advanced such a contemptible Mushroom , that now he himself was despised by him ; they had also much other Discourse concerning the State of the Publick : The King was quickly brought to acknowledg his Fault , and to promise to act nothing for the future , without the Consent of the Nobility . But those wise and experienc'd Counsellors thought it not safe to trust the verbal Promises of an Uxorious young Man , as believing , that he might , in time , be enticed by his Wife , to deny this Capitulation , to their certain Ruin ; and therefore they drew up the Heads of their Contract in Writing , to which he willingly and forwardly subscribed : The Heads were , For the establishing Religion , as 't was provided for at the Queen's Return to Scotland ; To reduce the Persons , lately banished , because their Country could not well want their Service ; To destroy David , for as long as he was alive , the King could not maintain his Dignity , nor the Nobility be in Safety . They all set their Hands to this Schedule , wherein the King professing himself the Author of the Homicide , they resolved presently to attempt the Fact , both to prevent the Condemnation of the absent Nobles , and also , lest Delay might discover their Design . And therefore , when the Queen was at Supper , in a narrow private Room , the Earl of Argyle's Wife and David sitting with her , as they were wont , and there were but a few Attendants , for the Room would not hold many , Iames Douglas , Earl of Morton , with a great number of his Friends , were walking in an outward Chamber , their faithful Friends and Vassals were commanded to stay below in the Yard , to quiet the Tumult , if any should be . The King comes out of his own Chamber , which was below the Queen's , and goes up to her by a narrow pair of Stairs , which were open to none , but himself ; Patrick Ruven follow'd him arm'd , with but four or five Companions , at most ; they entred into the Closet , where they were at Supper , and the Queen , being something mov'd at that unusual Appearance of arm'd Men , and also perceiving Ruven , in an uncouth posture , and lean by reason of his late Disease , and yet in his Armour , asked him , What was the matter ? for the Spectators thought , that his Feaver had disturb'd his Head , and put him besides himself . He commanded David to rise , and come forth , for the Place , he sat in , was not fit for him ; the Queen presently rose , and sought to defend him by the interposal of her Body , but the King took her in his Arms , and bid her to be of good chear , they would do her no hurt , only the Death of that Villain was resolved on ; they haled David out into the next , then , into the outer Chamber ; there those that waited with Douglas , made an end of him with many Wounds , which was against the Mind of all those who conspired his Death , for they resolved to hang him up publickly , as knowing , it would be a grateful Spectacle to all the People . There went a constant Report , that one Iohn Damiot , a French Priest , counted a Conjurer , told David once or twice , that , now he had feather'd his Nest , he should be gone , and withdraw himself from the Envy of the Nobles , who would be too hard for him : And that he should answer , The Scots were greater Threatners than Fighters ; he was also told a little before his Death , that he should take heed of a Bastard ; to which he replied , That as long as he lived , no Bastard should have so much Power in Scotland , as that he need fear it ; for , he thought , his Danger was predicted from Murray , but the Prophecy was either fulfill'd , or eluded , by Douglas's giving him his first Blow , who was the base-begotten Son to the Earl of Angus ; after he had began , then every one rush'd in , to strike him , either to revenge their own particular Grief , or the publick Concern . Hereupon , a Tumult arose all over the House , and the Earls of Huntly , Athol , and Bothwel , who were at Supper in another part of the Palace , were rushing out , but they were kept within their Chamber , by those who guarded the Courts below , and had no harm done them . Ruven went out of that Privy-room into the Queen's Bed-Chamber , where , not being able to stand , he sat down , and called for something to drink ; Whereupon , the Queen fell upon him , with such Words , as her present Grief and Fury suggested to her , calling him a Perfidious Traitor , and ask'd him , How he durst be so bold , as to speak to her , sitting , whereas she her self stood ; he excus'd it , as not done out of Pride , but Weakness of Body ; but advis'd her , That in managing the Affairs of the Kingdom , she would rather consult the Nobility , who had a Concern in the Publick , than vagrant Rascals , who could give no Pledg for their Faithfulness , and who had nothing to lose , either in Estate or Credit ; neither was the Fact , then committed , without a Precedent : That Scotland was a Kingdom bounded by Laws , and was never wont to be govern'd by the Will and Pleasure of one Man , but by the Rule of the Law , and the Consent of the Nobility ; and if any former King had done otherwise , he had smarted severely for it : Neither were the Scots at present so far degenerated from their Ancestors , as to bear not only the Government , but even the Servitude , of a Stranger , who was scarce worthy to be their Slave . The Queen was more inraged at this Speech , than before : Whereupon , they departed , having plac'd Guards in all convenient Places , that no Tumult might arise . In the mean time , the News was carried all over the Town , and as every ones Disposition was , right or wrong , they took Arms , and went to the Palace : There the King shewed himself to them out of a Window , and told the Multitude , That He , and the Queen were safe , and there was no cause for their tumultuous Assembly ; What was done , was by his Command , and what that was , they should know in time , and therefore , at present , every one should go to his own House : Upon which Command they withdrew , except some few , that staid to keep Guard. The next day in the Morning , the Nobles that return'd from England , offer'd themselves to the † Trial in the Town-hall , being ready to plead their Cause , for That was the day appointed ; but no body appearing against them , they there openly protested , That it was not their Fault , for they were ready to submit to a Legal Trial , and so every one return'd to his own Lodging . The Queen sent for her Brother , and , after a long Conference with him , she gave him hopes , That , ever after , she would commit her self to the Nobles . Hereupon , the Guards were slackn'd ; though many thought , this her Clemency did presage no Good to the Publick , for she gathered together the Souldiers of her old Guard , and went through a back Gate by Night , with George Seton , who attended with 200 Horse , first to his Castle , then to Dunbar ; she carried also the King along with her , who , for fear of his Life , was forc'd to obey . There she gathered a Force together , and , pretending a Reconcilement to those who were lately returned from Banishment , she turn'd her Fury upon the Murderers of David , but they , yeilding to the time , shifted for themselves , and so , having settled Matters , she return'd to her old Disposition . First of all , she caus'd ‖ David's Body which was buried before the Door of a Neighbour-Church , to be removed in the Night , and to be plac'd in the Sepulchre of the late King and his Children : Which gave occasion to illfavour'd Reports , being , amongst a few others , a bad thing , for what greater Confession of Adultery with him could she well make , than , as far as she was able , to equal such an obscure Fellow , who was neither liberally brought up , nor had deserved well of the Publick , in his last Funerals , with her Father and Brothers ? and , to increase the Indignity of the thing , she put the Varlet almost into the Arms of Magdalene Vallois , late Queen . As for her Husband , she threatned him , and obliquely in her Discourses scoff'd at him , doing her Endeavour to take away all Power from him , and to render him as contemptible , as she could . At this time , the Process was very severe against David's * Murderers , many of the Accus'd were banish'd , some to one place , some to another ; some were fin'd ; some ( but the most innocent , and therefore secure ) put to Death ; for the prime Contrivers of the Fact were fled , some to England , others to the High-lands : Those , who were but the least suspected to have an hand in it , had their Offices and Employments taken from them , and bestow'd upon their Enemies : And a Proclamation was made by an Herald , ( in such a publick Sorrow , not without Laughter , ) That no Man should say , The King was a Partaker in , or so much as privy to , David's Slaughter : This Commotion , being a little settled , after the 15 th of April , the Earl of Argyle and Murray were receiv'd into Favour , and she her self , drawing near the time of her Delivery , retired into Edinburgh Castle , and on the 19 th day of Iune , a little after nine a Clock at Night , was brought † to Bed of a Son , afterwards called , Iames the Sixth . The Eighteenth BOOK . THE Queen , after her Delivery , receiv'd all other Visitants with Kindness enough , suitable to the occasion of a publick Joy ; but when her Husband came , she and her Attendants did so comport themselves , both in Speech and Countenance , as if they were afraid of nothing more , than that he should not understand , that his Presence was disdainful , and his Company unacceptable to them all ; but on the contrary ; * Bothwel alone was the Man , he managed all Affairs : The Queen was so inclined to him , that she would have it understood , no Suit would be obtained from her , but by his Mediation : And , as if she were afraid her Favours to him were but mean and not sufficiently known , on a certain day , she took one or two with her , and went down to the Haven called New-Haven , and , her Attendants not knowing whither she intended , she went aboard a small Vessel , prepared there for her ; William and Edmond Blacater , Edward Robertson , and Thomas Dickson , all Bothwels Creatures , and Pirates of known Rapacity , had fitted the Ship , before ; with this Guard of Robbers , to the great Admiration of all good Men , she ventur'd to Sea , taking none of her honest Servants along with her : She landed at † Alloway , a Castle of the Earl of Marrs , where she so demeaned her self for some time , as if she had forgot not only the Dignity of a Queen , but even the Modesty of a Matron . The King , when he heard of the Queen 's sudden Departure , followed her , as fast as he could , by Land , his Design and Hopes were , to be with her , and to injoy mutual Society , as Man and Wife : but He , as an importunate Disturber of her Pleasures , was bid go back whence he came , and had hardly time allow'd him for his Servants to refresh themselves . A few days after , the Queen return'd to Edinburgh , and because , it seems , she would avoid the Croud of People , she went not to her own Palace , but to the House of a private Man in the Vicinage : From thence she went to another , where the annual Convention , call'd the Exchequer-Court , was then held , not so much for the Largeness of the House , or the Pleasure of the Gardens , as , that one David Chalmers , a Creature of Bothwel's , had an house near it , whose back-Door was contiguous to the Queen's Garden , by which Bothwel might pass in and out to her , as often as he pleased . In the mean time , the King finding no place for Favour with his Wife , is sent away with In●uries and Chidings , and having often tried her Spirit , yet , by no Offices of Observance , could he obtain to be admitted to conjugal Familiarity , as heretofore ; whereupon , he retired in Discontent to Sterlin . A while after , the Queen appointed to go to Iedburgh , to hold a Convention . About the beginning of October , Bothwel prepared an Expedition into Liddisdale , and carrying himself there , neither according to the Place which he held , nor the Dignity of his Family , nor the Expectation of any Man , ‖ he was wounded by a mean Padder , whom he had taken , and unawares almost dispatch'd with a Leaden Bullet , and so he was carried to † Hermitage-Castle , in great Danger of his Life . When the News was brought to the Queen at † Borthwick , though the Winter was very sharp , she flew in haste first to Mulross , then to Iedburgh ; there , though she receiv'd certain Intelligence , that Bothwel was alive , yet , being impatient of Delay , and not able to forbear , though in such a bad time of the Year , notwithstanding the Difficulty of the Way , and the Danger of Robbers , she put her self on her Journy , with such an Attendance , as hardly any honest Man , though he were but of a mean Condition , would trust his Life and Fortune to . From thence she return'd again to Iedburgh , and there made great and diligent Preparation , that Bothwel should be brought thither , whither when he came , their Conversation together was little for the Credit of either of them : There the * Queen , either by reason of her continual toil , Day and Night ; or else , by the secret Providence of God , fell into such a sore and dangerous Disease , that no body almost thought she could have lived . When the King heard of it , he went in great haste to Iedburgh , both to give her a Visit , and to testify his Observance by all the good Offices he could ; and also to incline her to a better course of Life , hoping , she might repent of what she had done ; as , in great Dangers , Persons are wont to do : She , on the contrary , gave not the least Evidence of a reconcil'd Mind , but charged , that no body should rise up , or salute him , as he came in , or give him Entertainment , so much as one Night : But she , suspecting the Disposition of Murray , as courteous and civil , dealt with his Wife to make haste now , to fain her self sick , and go immediately to Bed , that so , by the pretence of Sickness , the King might be excluded from thence ; yea , she made it her business , to inforce him to be gone for want of Lodging ; which he had done , unless one of the Family of the Humes , for very shame , had pretended a sudden cause for his Departure , and so left his Lodging free for the King. The next day in the Morning , She returned again to Sterlin , her Return was the more reflected on , because , at the very same time , Bothwel was carried out of the place where he lodg'd , to the Queen's Lodgings , in the face of all the People , and though neither of them were well recovered , She from her Disease , He from his Wounds , yet they journyed first to Kelso , then to Coldingham ; next , to Cragmiller , ( a Castle two Miles from Edinburgh ) not caring for the Reports that were spred of them by the way . The Queen , in all her Discourse , profess'd , that She could never live , unless She were divorc'd from the King ; and if She might not be so , She would lay violent Hands on her self . She would , ever and anon , speak of a * Divorce , and would say , it might easily be done , if the Popes Bull were recall'd , whereby leave was given to contract Marriages against the Papal Laws ; but , seeing this matter was not like to go , as She expected , ( for these things were acted in the Presence of many of the Nobility ) She left off other Methods , and applied Her Mind only to his Murder . A little before Winter , when the Embassadors from France and England came to be Witnesses at the Baptism of the Prince , the Queen strove , both by pecuniary , and all other industrious , ways , That Bothwel should appear the most magnificent amongst all her Subjects and Guests at the Entertainment , whereas her lawful Husband , at the Baptism , was not allowed Necessaries ; yea , was forbid to come in sight of the Embassadors , his Servants also , appointed for his daily Attendants , were taken from him , and the Nobility forbid to observe him : But this Carriage , and her Comportment in former times , the more implacable she was towards him , made them more to pity him , in seeing a young and harmless Person reproachfully used ; and yet not only to bear it patiently , but even to endeavour to appease her Rage by the servilest Offices , he could perform ; that so he might win some Degree of her Favour . As for his Apparel and Dress , she put the Fault upon the Embroiderers , Goldsmiths and other Tradesmen , though 't was but a false shameless Pretence , for , every body knew , it was her own occasion ; whereas for Bothwel's Ornaments , she wrought many of them with her own Hands . Besides , Foreign Embassadors were advised , not to enter into Discourse with the King , though they were in the same Castle together , the most part of the Day . The young Gentleman , being thus uncourteously treated , exposed to the Contempt of all , and his Rival honoured before his Face , resolved to go to his Father , to Glasgow , who , as some thought , had sent for him . The Queen shew'd her accustomed Hatred at his Departure , she took away all the Silver Plate , which he had used ever since he was married , and put Pewter in their stead ; besides , she gave him Poison before his Departure , that so the Evil might be more secret , if he died , when absent from Court. But the Poison wrought sooner , than those , who gave it , supposed it would ; for , before he was gone a Mile from Sterlin , he had such a grievous Pain all over his Body , that 't was very apparent , his Disease was not casual , but fraudulently design'd ; but , as soon as he came to Glasgow , the Mischief did manifestly discover it self ; blew Pustules arose all over his Body , with so much Pain and Torment , that there was little hope of his Life ; Iames Abernethy , an able , faithful and experienc'd , Physician , being consulted about his Disease , answered presently , That he had taken Poison : He sent for the Queen 's Domestick Physician , but the Queen would not suffer him to go , fearing , left his Skill might cure him , and also she was not willing , that Many should know of his being poison'd . When the Ceremonies of the Baptism were over , and the Company , by degrees , gone home ; the Queen was private with Bothwel , scarce any body besides at Drummond and Tillibardin , a Noble-Man's House , where she spent two days about the beginning of Ianuary , and so return'd to Sterlin , and pretended daily to go to Glasgow , but expecting to hear every day of the King's Death ; to prevent the worst , she resolved to have her Son in her own Power ; and , that her Design might occasion no Suspicion , they began to find fault , That the House , wherein he was kept , was inconvenient ; That in such a moist and cold place , he might be subject to Rheums , but the true cause was far otherwise of his Removal , for , 't was very plain , That the Place , whither he was carried , was far more obnoxious , upon the foresaid Accounts , in being scituate in a low Marish Soil , having a Mountain betwixt it and the Sun-rising ; whereupon the Child , being scarce seven Months old , was brought in a very sharp Winter to Edinburgh ; when she there heard that the King was recovered , as having overcome the Poison , by the Vigour of his Youth , and the Strength of his Natural Constitution , she renew'd her Plot to destroy him , acquainting also some of the Nobility therewith . In the mean time , News was brought her , that the King design'd to fly to France or Spain , and that he had spoke about it with the Master of an English Ship , which was then in the Firth of Clyde ; hereupon , some thought , That an occasion was offered her to send for him , and if he refused to come , to kill him out of the way ; yea , some offered to be Agents in the thing ; all of them advised , That the Fact should be privately committed , and That it should be hastned , before he was perfectly recovered : The Queen , having already gotten her Son , that she might also have her Husband , in her Power , though not as yet agreed in the Design , how he should be dispatch'd , resolv'd to go to Glasgow , having , as she thought , sufficiently clear'd her self from his former Suspicions by many kind Letters she had lately sent him : But her Words and Deeds did not agree ; for , she took almost none with her in her Retinue , but the Hamiltons , and other Hereditary Enemies of the King. In the mean time , she intrusts Bothwel with doing What was contributory to the Design at Edinburgh , for that Place seem'd most convenient to them , both to commit , and also to conceal , so great a Wickedness ; for there being a great Assembly of the Nobles , the Suspicion might be put off from one to the other , and so divided between Many . When the Queen had tried all the ways she could , to dissemble her Hatred : At last , by many Chidings , Complaints and Lamentations , past betwixt them , she could yet scarce make him believe , that she was reconciled to him . The King , hardly yet recover'd from his Disease , was brought in a Litter to Edinburgh , to the Place design'd for his Murder , which Bothwel , in the Queen's Absence , had undertook to provide , and That was , an House uninhabited for some Years before , near the Walls of the City , in a lonesome solitary place , between the Ruins of two Churches , where no Noise or Outcry could be heard ; thither he was thrust with a few Attendants only , for the most of them ( being such , as the Queen had put upon him , rather as Spies than Servants ) were departed , as foreknowing the Danger at hand ; and Those that remained , could not get the Keys of the Door from the Harbingers , that provided the Lodgings . The Queen was most intent on this One thing , to avert all Suspicion from her self ; and her Dissimulation had proceded so far , That the King was fully persuaded , there was a firm Reconcilement betwixt them : So that he wrote Letters to his Father , who staid behind , sick at Glasgow , giving him great Hopes and Assurance , That the Queen was now sincerely His , and , commemorating her many good Offices towards him , now he promised to himself , That there would be a Change of all things for the better . As he was writing these Letters , the Queen came in on a sudden , and , reading them , she gave him many Embraces and Kisses , telling him , that Sight mightily pleased her , that now she saw , there was no Cloud of Suspicion hovering over his Mind . Things being thus well secured on that side , her next care was , to contrive , as much as possible , to cast the Guilt upon Another , and therefore she sent for her Brother Murray , who had lately obtained leave , and was going to St. Andrews , to visit his Wife , who lay there ( as he heard ) dangerously sick . For , besides the Danger of Child-bearing , she had Pustles , that rose all over her Body , with a violent Feaver ; the Cause of her detaining him , she pretended to be , that she might honourably dismiss the Duke of Savoy's Embassador , who came too late to the Prince's Baptism ; though this seem'd a mean pretence to take him off from so just and necessary a Duty , yet he obeyed . In the Interim , the Queen every day made her Visits to the King , and reconciled him to Bothwel , whom , she , by all means , desired to be out of Gun-shot of any Suspicion : She made him large Promises of her Affection for the time to come , which over-officious Carriage , though suspected by all , yet no Man was so bold as to advise the King of his Danger , in regard he was wont to tell the Queen , whatever he heard , to insinuate the more into her Favour ; only Robert , the Queen's Brother , mov'd either with the Horridness of the Fact , or with Pity to the young Man , took the Confidence to acquaint him of his Wives Plot against him , but on this condition , That he would keep it to himself , and provide for his Safety , the best he could . The King , notwithstanding , reveal'd it to the Queen , according to his custom ; whereupon Robert was call'd for , and he stoutly deny'd it , so that , they gave one another the Lie , and were laying their Hands on their Swords . The Queen was glad to see , That her Designs were likely to have so good a Conclusion , and that so near at hand , without her Trouble , and therefore she calls for her other Brother , Iames , as if he were to decide the Controversy ; but the Truth was , That he also might , on that occasion , be cut off ; there was no body present but Bothwel , who was so far from keeping them from fighting , that he would rather have kill'd him , that had the worst of the Combate himself , as plainly appeared , when he said , There was no reason , Iames should be sent for in such haste , to keep those from Duelling , who , whatsoever they pretended , had no such Maw to it . This stir being quieted , the Queen and Bothwel were wholly intent , how to perpetrate the Murder ; and how to do it , with all imaginable Privacy , too . The Queen , to dissemble both Love to her Husband , and an Amnesty of old Offences , causes her Bed to be brought , from the Palace , into a Chamber below the King 's , where she lay , after she had sat late up with him , in Discourse , for some Nights . In the mean time , she devises all manner of ways , to cast the Odium of the Fact , when committed , upon her Brother Iames , and the Earl of Morton ; for , she thought , if those Two , whose Authority and Esteem was much fear'd and hated by her , were taken out of the way , all things else would fall in of themselves : She was also incited thereunto , by Letters from the Pope , and from Charles , Cardinal of Lorrain . For , the Summer before , having , by her Uncle , desir'd a Sum of Mony from the Pope , for levying an Army to disturb the State of Religion in Britain , and the Pope more cunningly , but the Cardinal plainly , had advis'd her to destroy those , who were the greatest Hindrances to the Restitution of Popery , and especially Those two Earls by Name ; if they were once taken off , they promised a Mass of Mony for the War. Some Inckling hereof , the Queen thought , was come to the Ears of the Nobility ; and therefore , to clear her self from any Suspicion , or the least Inclination to such a thing , she shewed them the Letters . But these Designs , so subtilly laid , as they thought , were somewhat disturbed by often Messages from Murray's Wife , how that she had miscarried , and that there were small hopes of her Life . This Message was brought him on the Lord's Day , as he was going to Sermon ; whereupon , he returned back to the Queen , and desired leave of her to be gone ; she very much urg'd him , to stay one day longer , to hear certainer News , alleging , That if he made never so much haste , his Coming would do her no good ; but , if her Disease did abate , to morrow would be time enough ; but he was fully bent on his Journy , and went his way . The Queen had deferr'd the Murder till that Night , and would seem to be so jocund and dissolute , as to celebrate the Marriage of Sebastian , one of her Musick , in the very Palace , and when the Evening was past in Mirth and Jollity , then she went with a numerous Attendance , to see her Husband ; she spent some hours with him , and was merrier than formerly , often kissing him , and giving him a Ring , as a Token of her Love. After the Queen's Departure , the King , with the few Servants that were about him , recollecting the Proceedings of the Day past , amongst some comfortable Speeches given him by the Queen , he was much troubled at the remembrance of a few Words ; for she , whether , not being able to contain her Joy , arising from the Hope , that the Murder would be now acted ; or , whether it fell from her by chance , cast out a word , That David Rize was slain the last Year , just about that time . This unseasonable mention of his Death , tho none of them lik'd it , yet , because much of the Night was past , and the next Morning was design'd for Sports and Pastimes , they went speedily to Bed. In the mean time , Gunpowder was plac'd in the Room below , to blow up the House ; other things were cautiously and craftily enough transacted , yet , in a small matter , they lest a track , whereby to be discovered . For the Bed , in which the Queen us'd sometimes to lie , was taken from thence , and a worse put in its place , as if , though they were prodigal enough of their Credit , yet they would spare a little Mony. In the mean time , one Paris , a French Man , a Partisan in the Conspiracy , entred into the King's Bed-Chamber , and there stood still , yet so , that the Queen might see him , That was the Sign agreed on betwixt them , that all things were in a readiness . As soon as she saw Paris , as if Sebastian's Marriage came into her Mind , she began to blame her self , that she had bin so negligent , as not to dance that night at the Wedding , ( as 't was agreed ) and to put the Bride to Bed , as the manner is ; whereupon , she presently started up , and went home . Being returned to the Palace , she had a pretty deal of Discourse with Bothwel , who being , at length , dismiss'd , went to his Chamber , chang'd his Apparel , put on a Souldier's Coat , and , with a few in his Company , pass'd through the Guards into the Town ; Two other Parties , of the Conspirators , came several ways to the appointed Place , and a few of them entred into the King's Bed-Chamber , of which they had the Keys , ( as I said before ) and whilst he was fast asleep , they took him by the Throat , and strangled him , and one also of his Servants , who lay near him : When they were slain , they carried their Bodies through a little Gate , which they had made on purpose , in the Walls of the City , into a Garden near hand ; then they set fire to the Gunpowder , which blew up the House from the very Foundation , and made such a Noise , that it shook some of the neighbouring Houses ; yea , those , that were sound asleep in the furthest parts of the City , were awakened , and frighted at the Noise . When the Deed was done , Bothwel was let out by the Ruins of the City-Walls , and so return'd to the Palace , through the Guard , another way , than that he came . This was the common Report about the King's Death , which held some Days . The Queen had sat up that Night , to wait for the Event , and , hearing of the Tumult , called together those of the Nobility , who were at Court , and amongst the rest , Bothwel ; and , by their Advice , sent out to know , What was the matter , as if she had been ignorant of all that was done ; some went to inspect the Body , the King had only a linen Shirt on the upper part of his Body , the rest of it lay naked ; his other Apparel , and his Shoes , lay near him : The Common People came , in great Multitudes , to see him , and many Conjectures there were , yet they all agreed , ( sorely against Bothwel's Mind ) That he could never be thrown out of the House , by the Force of the Gunpowder , for there was no part broken , bruis'd , or black and blew , about his Body , which , in a Ruin by Gunpowder , would have been ; besides , his Apparel lying near him , was not sing'd with the Flame , or covered with any Ashes ; so that , it could not be thrown thither , by any Casualty , but plac'd there on purpose , by some bodies Hand . Bothwel returned home , and , as if he had been in great Admiration , brought the News to the Queen , whereupon she went to Bed , and lay secure , soundly asleep , a great part of the next Day . In the mean time , Reports were spread abroad by the Parricides , and carried into the Borders of England before day , That the King was Murdered by the design of Murray and Morton ; yet every Body thought , privately within himself , That the Queen must needs be the Author of the Murder . Neither was the ‖ Bishop of St. Andrews free from Suspicion , There were shrewd Conjectures against him , as the high and cruel Enmities betwixt the Families ; neither was the Bishop , ever well reconciled to the Queen , before she design'd that Wickedness in her Mind ; and , of late , when he accompanied her to Glasgow , he was made acquainted with the utmost of her Projects . It increast Mens suspicions of him , because , at that time , he had retir'd to the House of his Brother , the Earl of Arran , which was near to the House , where the King was slain : Whereas , before , he always us'd to live in some Eminent part of the City ; where he might conveniently receive Visits , and curry Favour with the People , by Feasting them ; and besides , Lights were seen in his House , and a Watch all the Night , from the upper part of the City , and when the design'd Powder-Clap was , then the Lights were put out , and his Vassals , many of whom watch'd in their Arms , were forbidden to go out of Doors : But the true Story of the matter of Fact , which broke out , after some Months , gave occasion to People to look upon those things as certain Indications , which before were but Suspicions only . When the Murder was committed , presently Messengers were sent into England , who were to Report , That the King of Scots was cruelly Murdered by his Subjects , by the contrivance , especially , of Murray and Morton . The News was presently brought to Court , which so inflam'd all the English to the hatred of the whole Nation , that , for some days , no Scots Man durst walk abroad , without Danger of his Life ; and , tho many Letters past to and fro , discovering the secret Contrivances of the Design , yet they could hardly be appeas'd . The King's Body , having been left a while as a Spectacle to be gaz'd upon , and a great Concourse of People continually stockt thither , the Queen order'd , That it should be laid on a Form or Bier turn'd upside down , and brought by Porters into the Palace . There she her Self viewed the Body , the fairest of that Age , and yet her Countenance discover'd not the secrets of her Mind , neither one way or other . The Nobles there present Decreed , that a Royal and Magnificent Funeral should be made for him : But the Queen caus'd him to be carry'd forth by Bearers in the Night , to be buried in no manner of State ; and that which increas'd the Indignity the more , was , that his Grave was made near David Rizes ; as if she design'd to Sacrifice the Life of her Husband to the Ghost of that filthy Varlet . There were Two Prodigies hapning at that time , which are worth the while to relate : One of them a little preceded the Murder , it was This ; One Iames Londin , a Gentleman of Fife , having been long Sick of a Feaver , the day before the King was kill'd , about Noon , lifted up himself a little out of his Bed , and , as if he had been astonish'd , cry'd out to those that stood by him , with a loud Voice , to go help the King , for the Parricides was just now Murdering him ; and a while after , he call'd out with a mournful Tone , Now 't is too late to help , he is already Slain : and he himself lived not long after he had utter'd those Words . The Other did accompany the Murder it self . Three of the familiar Friends of the Earl of Athol's , the King's Cousin , Men of Reputation for Valour and Estate , had their Lodgings , not far from the King 's ; when they were asleep about Midnight , there was a certain Man seem'd to come to Dugal Stuart , who lay next the Wall , and to draw his Hand gently over his Beard and Cheek , so to awake him , saying , Arise , they are off'ring Violence to us . He presently awak'd , and considering the Apparition within himself : Another of them cries out presently in the same Bed , Who kicks me ? Dugal answer'd , perhaps , 't is a Cat , which us'd to walk about in the Night ; whereupon , the 3 d which was not yet awake , rose presently out of his Bed , and was going to run away , demanding , Who it was that had given him a box on the Ear ? as soon as he had spoken it , one seem'd to go out of the House by the Door , not without some Noise . Whilst they were descanting on what they had heard and seen , The noise of the King's House , that was blown up , drove them all into a great Fright . He that took the Murder most heinously , was , Iohn Stuart Earl of Athol , as for other Reasons , so , because he was the chief Maker of the Match between the Queen and him . The Night after the Murder , arm'd Guards watch'd the Palace at Night , as in such sudden Consternations is usual , and they hearing the outside Wall of the Earl of Athols Lodging make a Noise or Crack , as if some were gently digging at the Foundation , they rais'd the Family , which went no more to Bed , that Night : The day after , the Earl went into the Town , and a little after that , went home , for fear of his Life . The Earl of Murray , at his return to Court from St. Andrews , was not without danger neither , for arm'd Men walkt about his House at Night ; but he not being well , and his Servants thereupon using to watch with him all Night , the Villains could not attempt any thing privately against him , and openly they durst not . At length Bothwel ( who would willingly have been freed from such a trouble ) resolved to perform the wicked Fact , with his own Hands . And therefore about Midnight , he askt his Domesticks , how Murray did ? They told him , he was grievously troubled with the Gout : What , said he , if we should go see him ? and presently he rose up , and was hastening to his House . As he was going , he was inform'd by his Domesticks , that he was gone to his Brother Roberts , to be at more Freedom and Ease , out of the Noise of the Court , whereupon he held his Peace , stood still , grieving , that he had lost so fair an Opportunity , and so return'd home . The Queen , mean while , look'd very demurely , and , dissembling great Sorrow , thought That way to reconcile the People to her ; but that speeded as ill with her , as the rest of the Conspiracy . For , whereas it was the Custom , time out of Mind , for Queens , after their Husbands Death , to abstain several Days , not only from the sight of Men , but even from seeing the Light , she indeed personated a fain'd Grief , but her Joy did so exceed it , that , thô the Doors were shut , yet the Windows were open , and casting off her mourning Weeds , in 4 days , she could well enough bear the sight of the Sun and Air : And before 12 days were over , her Mind was harden'd against the talks of the People , and she went to Seton , about 7 Miles from the Town , Bothwel never departing from her side ; there her Carriage was such , that she seemed somewhat chang'd in the Apparel of her Body , but nothing at all in the habit of her Mind . The Place was full of the Nobility , and she went daily abroad to the accustom'd Sports , thô some of them were not so fit for the Female Sex : But the coming of Mr. D'Crocke , a French-Man , ( who had often before been Embassador in Scotland ) did somewhat disturb their Measures ; for , he telling them how infamous the Matter was amongst Strangers , they returned to Edinburgh : But Seton ( I perceive ) had so many Conveniencies , that , th● with the further hazard of her Credit , she must needs return thither again . There the main head of the Consultation , was , How Bothwel might be acquitted of the King's Murder . There was a Design , before , to try and acquit him ; for , presently upon the King's Death , Bothwel , and some of his Complices , came to the Marquess of Argyle , who was the Hereditary Capital Judge in Criminal Causes . First , they pretended they were wholly ignorant of what was done , and wondred at it , as a new , unheard of , and incredible , Thing ; then , they proceeded to the Examination of it ; they summon in some poor Women out of the Neighbourhood , but they stuck betwixt Hope and Fear , being uncertain , Whether they should speak , or hold their Peace ; but , tho they were very cautious in their Words , yet , uttering more than was expected , they were sent away , as having spoken nothing upon any certain ground ; and , as for their Testimony , it was easy enough to despise it : Whereupon , some of the King's Servants were sent for , whom the Fire had not destroyed ; They , being ask'd concerning the Ingress of the Assassinates ? reply'd , That the Keys were not in their Power ; it being urg'd upon them again , In whose , then ? They answered , The Queens ; Whereupon , the further Examination was put off , as they pretended ; but , indeed , was quite supprest , for they were afraid , if they went any further , the Court-Secrets would have been all publickly known . And yet , to set a Gloss on the Matter , a Proclamation was publish'd , and a pecuniary Reward offer'd to the Discoverers of the King's Murder . But , Who dar'd be so bold as to impeach Bothwel , seeing he was to be the Impleaded , the Judge , the Examiner , and the Exactor of the punishment , too ? Yet this fear , which stopt the Mouths of divers single Persons , could not bridle the Multitude . For Libels were publish'd , Pictures made , and Night-haukings and Cries were uttered , whereby the Parricides might easily understand , That their whole Design was discover'd , Who design'd the Wickedness , and Who assisted in the Execution thereof : And the Commonalty , the more they were forbidden , the more did their Grief make them speak . Though the Conspirators seem'd to despise these things , yet they were so inwardly prickt and grip'd , that they could not dissemble their sorrow : And therefore omitting the Examination about the King's Death , they fell upon another Guest , more severe ; and That was , against the Authors of Libels , or , ( as they worded it ) the Calumniators of Bothwel , and this was so severely prosecuted , that no Pains nor Cost were spar'd therein ; all the Painters and Writing-Masters were call'd in , that so they might discover the Pictures and Libels , by those that drew or wrote them ; they further added a Clause , suitable enough to the Edict , which made it Capital , not only to sell , but even to read them , when they were Sold. But they , who endeavour'd to bridle the Discourse of the People , by threatning Capital Punishment , to them , were not satisfi'd with the King's Death , but retain'd their hatred against him , though in his grave . The Queen gave her Husband's Goods , his Arms , Horses , Apparel , and other Housholdstuff , either to his Father's Enemies , or to the Murderers themselves , as if they had been forfeited into her Exchequer . As these Matters were acted openly , so many did as publickly inveigh against them : So that one Taylor , who was about to fit some of the King's Clothes for Bothwel's Body , was so bold , as to say ; Now he saw the old Country-Custom verifi'd : That the Executioner had the Apparel of those , that suffer'd by his Hand . There was also another Care troubled them , How they might get the Castle of Edinburgh into the Queen's Hands ; Iohn , Earl of Marr , was Governour of it , upon Condition , that he should render it to none , but by Order of the Estates ; and though such a Convention was to be the Month after , yet the Queen was so earnest , that every small delay seem'd very tedious to Her. And therefore she dealt with the Earl's Friends and Kindred , ( for he himself lay then very sick at Sterlin ) to surrender the Castle to Her ; pretending This as the chief Cause , That the Commons of Edinburgh were so tumultuous , ( there being then a Commotion amongst them ) That she could not keep them within the Bounds of their Duty , unless she had that Fort in her Hands ; and that thereupon , as an Earnest of her great Affection to Iohn , she would put her only Son , the Heir of the Kingdom , into his Hands , to be educated by him ; which Office of Guardianship , his Ancestors had discharg'd to their great Commendation , as in so many other Princes , of late Times , in her Mother and Grandfathers Education . Tho the Earl understood , whither her Promises and Flatteries did tend , yet he complied with her Request . The Queen , finding him more facile than she hoped , essays next to be possest of the Castle , as soon as it was convenient ; and yet to keep her Son too : When he would not hearken to that , she sets upon him by another Wile , propounding to him to come to Linlithgo , ( in the Mid-way between Edinburgh and Sterlin ) and there , on an appointed Day , to receive the Prince , and to surrender the Castle . But this Project being suspected of Fraud , at last it was agreed , That he should be deliver'd to Erskin at Sterlin , and That he , in the interim , should give the chief of his Family in Hostage , for the rendring of the Castle . These things were some trouble to the Parricides , but they were most of all troubled with the daily complaints of the Earl of Lennox ; He would not adventure to come to Court , by reason of Bothwel's Power , accompanied with the highest Luxury ; but he earnestly solicited the Queen by Letters , That she would commit Bothwel to Prison , who , without doubt , was the Author of the King's Murder , till a Day might be appointed to bring him to his Trial. She , though eluding his desire by many Stratagems , yet , seeing the Examination of so heinous a Fact could not be avoided , design'd to have it carried on , thus . The Assembly of the Estates , on the Ides of * April , was near at hand ; before that time , she was willing to have the matter tried , that so Bothwel , being absolv'd by the Votes of the Judges , might be further clear'd by the Suffrages of the whole Parliament . This haste was the cause , that nothing was carried on orderly , or according to ancient Custom , in that judiciary Process . For , the Accusers ( as is usual ) ought to have been Cited , with their Kindred , as Wife , Father , Mother , Son , either to appear Personally , or , by Proxy , within 40 Days , for that is the time limited by the Law. Here , the Father was only summon'd to appear , April 13 th , without summoning any of his Friends , only his own Family , which , at that Time , was in a low Estate , and reduc'd but to a Few ; Whereas , in the mean time , Bothwel flew up and down the Town , with a great many Troops at his heels ; The Earl of Lennox thought it best for him not to come into a City full of his Enemies , where he had no Friends nor Vassals to secure him ; and besides , if there were no Danger of Life , yet there could be no freedom of Debate . Bothwel appears at the Day appointed , and comes into the Town-Hall , being both Plaintiff and Defendant too . The Judges of the Nobility were call'd over , most of them his Friends , none daring to appear on the other side to except against any one of them ; only Robert Cuningham , one of Lennox's Family , gave a small stop to the Proceedings ; He , having Liberty to speak openly , declar'd , That the Process was not according to Law , nor Custom , where the accus'd Person was so powerful , that he could not be brought to Punishment , and the Accuser was absent for fear of his Life . And therefore , Whatsoever should be determin'd there , as being against Lavv and Right , vvas Null and Void ; yet , they persisted in their Design , notwithstanding . Moreover , Gilbert Earl of Cassils , being chosen one of the Judges , rather for Forms sake , than that he thought he should do any Good , desir'd to be excused , and offered also to pay the Forfeiture , usually taken of those vvho decline Sitting ; vvhen presently a Messenger brought him a Ring from the Queen , vvith a Command , that he should sit as one of the Judges , or else , she threatned to commit him to Prison . When that did not prevail , she sent another Messenger , vvho told him , he should be punish'd as a Traitor , if he refus'd ; so that , by such kind of Terrors , they were inforc'd to sit , and the Issue vvas ; They declar'd , they saw no Reason to find Bothwel Guilty ; yet , if any Man hereafter could lawfully accuse him , they gave a Caution , That this Judgment should be no hindrance to him . Some thought , the Issue vvas vvisely given in by them . For the Indictment vvas conceiv'd in such Words , That the severest Judges could never have found Bothwel Guilty , for it vvas laid against a Murder committed the 9 th of February , vvhereas the King vvas slain the Tenth . Thus Bothwel was acquitted of the Fact , but not of the Infamy of it . Suspicions did increase upon him , and his Punishment seemed only to be deferred ; but any Pretence whatsoever , though a shameless one , seem'd good enough to the Queen , who made haste to marry him . As a Surplusage to his Absolution , there was a Chartel , or Challenge , posted on the eminentest part of the Court , declaring , That though Bothwel was lawfully acquitted of the King's Murder , yet , to make his Innocency more appear , he was ready to decide the matter in a Duel against any Gentleman , or Person of Honour , that should dare lay it to his charge . The Morrow after , there was one , which did , as manfully , post up an Answer to his Challenge , provided the place of Combate were appointed , wherein , without Danger , he might declare his Name . Though these things succeeded reasonably well , yet the Queen , in that Parliament , was more rugged , than formerly ; for , whereas before , she pretended Civility in her Carriage , now , she plainly discovered a Desire of Tyranny ; for what she promised at Sterlin , in Matters of Religion , she now flatly deny'd ; and That was , That the Laws , establish'd under Popish Tyranny , should be abrogated in the first Parliament , and the Reformed Religion should be strengthned by new Laws . And , when besides her Promise , Two Edicts , signed with her own hand , were produced ; being catch'd here , she boggled , and commanded the Commissioners of the Kirk , to attend her another Time ; and , after that , she never gave them opportunity to appear before her again ; and those Acts of the Estates , which were Published before her coming into Scotland , by the consent of Francis her Husband , those , she alleg'd , did fall under the Act of Oblivion : That Speech seemed to all a manifest Profession of Tyranny . For , whereas the Scots had no Laws , besides Acts of Parliament , they entertained such private Thoughts in their Breasts , What kind of Life they were like to live , under a Prince , whose Will was a Law , and whose Word and Promise were not to be believed . This was done about the end of the Convention . At the same time , the Queen was very earnest to hasten her Marriage , and yet withal she desired by any means , to procure the publick Consent , that she might seem to act nothing , but by the Suffrage of the Nobles . And Bothwel too , to credit the Marriage with the Pretence of publick Authority , devised this Stratagem : He invited all the Nobility of the highest Rank , which were then in Town ( as there were many ) to Supper , and when they were jocund and merry , he desired them to shew that Respect to him for the future , which they had always done heretofore . At present , he only desired , that , whereas he was a Suiter to the Queen , they would subscribe to a Schedule , which he had made , about that matter , and that would be a Means to procure him Favour with the Queen , and Honour with all the People . They were all amazed at so sudden and unexpected a Proposal , and could not dissemble their Sorrow , neither yet durst they refuse or deny him ; Whereupon , a few , that knew the Queen's Mind , began first , and the rest , not foreseeing , that there were so great a number of Flatterers present , suspected one another , and at last , all subscribed . The Day after , when they recollected what they had done , some of them as ingenuously profess'd , they would never have given their consent , unless they had thought the thing had been acceptable to the Queen ; for , besides that it carried no great shew of Honesty , and was prejudicial to the Publick too ; so , there was danger , if any Discord should arise ( as it happen'd between her and her former Husband ) between her and Bothwel , also ; and he were rejected , it might be laid in their Dishes , That they had betrayed the Queen to a dishonorable Marriage ; and therefore , before they had gone too far , they resolved to try her Mind , and to procure a Writing under her hand , to this Sense ; That she did approve of what they had done , in reference to her Marriage . This Scrole was easily obtained , and , by the consent of them all , given to the Earl of Argyle to keep . The next day , all the Bishops in Town were called to Court , that they also might subscribe . This care being over , there succeeded another , which was , How the Queen should get her Son into her Power , for Bothwel did not think it safe for him , to have a young Child brought up , which , in time , might revenge his Father's Murder ; neither was he willing , That any other should come between his Children and the Crown . Whereupon the Queen , who could now deny him nothing , undertook the Task her self , to bring the Child to Edinburgh ; she had also another Pretence to visit Sterlin , of which I shall speak anon ; when she came thither , the Earl of Marr suspected , what was a brewing , and therefore shewed her the Prince ; but would not let him be in her Power : The Queen , seeing her Fraud detected , and not able to cope with him by Force , pretended another cause for her Journy , and prepared to return ; In her Journy , either by reason of her overmuch Toil ; or , for Anger , that her Designs , which the Authors thought craftily laid , were unsuccessful , she was taken with a sudden Illness , and was forced to retire into a poor House about four Miles from Sterlin , where her Pain something abating , she proceeded in her Journy , and came that Night to Linlithgo ; from thence she wrote to Bothwel by Paris , what she would have him to do , about her Surprize ; for , before she departed from Edinburgh , she had agreed with him , that , at the Bridg of Almon , he should surprize her in her Return , and carry her , whither he would , as 't were against her Will. The common People put this Interpretation on the matter ; That she could not altogether conceal her Familiarity with Bothwel , nor yet could well want It ; nor could she openly injoy it , as she desired , without the loss of her Reputation : It was too tedious to expect his Divorce from his former Wife ; and she was willing to consult her Honour , which , she pretended , to have a great regard to , yet she would provide for her Lust , too ; of which she was very impatient , and therefore the device was thought to be very pretty , That Bothwel should redeem the Queen's Infamy , with his own great Crime ; the Punishment whereof yet he did not at all fear . But there was a deeper reach in the Project , as was after understood . For , whereas the People did every where point at , and curse , the King's Murderers : They , to provide for their own Security , by the Persuasion , as 't is thought , of Iohn Lesly , Bishop of Ross , devised this Attempt upon the Queen . 'T is the manner in Scotland , when the King grants a Pardon for Offences , he , that sues it out , expresseth his great Offence by Name , and the rest of his Crimes are added , in general Words ; accordingly , the King's Murderers determined to ask Pardon for this Surprize of the Queen by Name , and then to add in their Pardons , by way of Overplus , All other wicked Facts : In which clause , they persuaded themselves , That the King's Murder would be included , because , 't was not safe for them to name themselves the Authors of it , in the Pardon ; nor , was it creditable for the Queen so to grant it ; neither could it well be added in the Grant of Pardon , as an Appendix to a lesser Crime : Another Offence , less invidious , but liable to the same Punishment , was to be devised , under the Shadow whereof the Kings Murder might be disguised and pardoned , and no other did occur to them , but this simulated force put upon the Queen , whereby her Pleasure might be satisfied , and Bothwel's Security provided for , too ; and therefore he , accompanied vvith 600 Horse , vvaited her Coming at Almon Bridg , and took her , by her ovvn consent , to Dunbar : There they had free Converse one vvith another , and a Divorce vvas made betvvixt Bothwel and his former Wife , and that in Two Courts : First , she vvas cited before Judges publickly appointed to decide such kind of Controversies ; and next , before the Officials , or Bishop's Courts , though they vvere forbid , by a publick Statute , to exercise any part of Magistracy ; or , to meddle vvith any publick Business ; Madam Bothwel's Wife , vvas compelled to commence a Suit of Divorce , in a double Court , before the Queen's Judges ; she accuses him of Adultery , vvhich vvas the only just cause of a Divorce amongst them ; and before the Papal Judges , vvho , though forbidden by the Lavv , yet vvere impovvered by the Arch-bishop of St. Andrews , to determine the Controversy : She alleged against him , that , before their Marriage , he had had too much unlavvful , or incestuous , Familiarity vvith her Kinsvvoman : The Witnesses and Judges made no Delay in the Case . The Suit vvas commenc'd , prosecuted , adjudg'd , and ended , in ten Days . On these Emergencies , a great many of the honest Nobles met at Sterlin , and sent to the Queen ; desiring to knovv of her , Whether she vvere kept , where she vvas , vvillingly or against her Will ? if this later , they would levy an Army for her Deliverance . She received the Message , not without smiling , and answered them , That , 't was true , she was brought thither against her Will , but was so kindly treated since , that she had little cause to complain of the former Injury . Thus was the Messenger eluded ; but , though they made haste to take off the Reflection of the force by a lawful Marriage , there were two Remora's yet in the way ; One was , That if she married , whilst a Prisoner , the Marriage might not be accounted good , and so easily dissolved . The Other , How to have the usual Ceremonies observed , That the Bans should be publish'd , three Lord's Days in the publick Congregations , Of a Marriage intended between Iames Hepburn , and Mary Stuart ; so that , if any one knew a lawful Impediment , why they might not be joined together in Matrimony , they should declare it , that so it might be decided by the Church . To accomplish this , Bothwel gathers his Friends and Dependents together , resolving to bring back the Queen to Edinburgh , that so , under a vain shew of her Liberty , he might determine of their Marriage , at his Pleasure . His Companions were all arm'd , and , as they were on their Journy , a fear seiz'd on some of them , lest , one time or other , it might turn to their Prejudice , to hold the Queen as yet a Prisoner ; and if there were no other ground for it , yet this was enough , That they accompanied her in an arm'd Posture , when things were otherwise in Peace and Quietness : Upon this Scruple , they threw away their Arms , and so , in a seeming more peaceable Posture , they brought her to the Castle of Edinburgh , which was then in Bothwel's Power . The next Day , they accompanied her into the City , and into the Courts of Justice , where she affirm'd before the Judges , that she was wholly free , and under no Restraint at all . But as to publishing the Marriage in the Church , the Reader , whose Office it was , did wholly refuse it : Whereupon , the elder Deacons and Ecclesiasticks assembled , as not daring to resist , and commanded the Reader to publish the Bans according to Custom ; he so far was obedient , as to tell them , That he himself knew a lawful Impediment , and was ready to declare it to the Queen , or to Bothwel , when they pleas'd to command him : Whereupon , he was sent for to the Castle , and the Queen remitted him to Bothwel , who , neither by Fear nor Favour , could make him alter his Purpose , nor yet durst he commit the Matter to a Dispute ; yet he went on to hasten the Marriage : There was none found , besides the Bishop of Orkney , to celebrate the Marriage ; he alone preferr'd Court-Favour before Truth , the rest being utterly against it , and producing Reasons , Why it could be no lawful Marriage with one , that had two Wives yet living , and had lately confess'd his own Adultery , and had been also divorced from a Third ; yet , though all good Men did loth it , the Commonalty curs'd it , his Kindred , by Letters , dissuaded from it , whilst prosecuted , and abhorr'd it , when done ; There were some publick Ceremonies dissemblingly performed , and Married they were . Those of the Nobility , there present , ( being very few , and those Bothwel's Friends , and Creatures too , the rest being gone to their Homes ) were invited to Supper ; and so was Crocke , the French Embassador ; but he , though he were of the Guisian Faction , and , besides , dwelt near the Place , yet peremptorily refus'd to come ; he thought , it suited not with the Dignity of that Person , which he represented , to countenance that Marriage by his Presence , which , he heard , the Common People did abominate and curse ; and besides , the Queen's Kindred did , by no means , approve it , neither whilst 't was prosecuting , nor yet , when finish'd . And the King of France , and Queen of England , did , by their Embassadors , declare against the Turpitude of the thing : Though that was troublesom to her , yet the silent Sadness of the People did so much the more increase the fierce Disposition of the Queen , as things seen do pierce deeper , than things only heard . As they both went through the City , none saluted them with wonted Acclamations , only one said , and that but once , God Save the Queen ; whereupon , another Woman near her , spoke aloud , once or twice , so that the Standers-by might hear her , Let every one have what his Desert is : That Matter mightily inflam'd her Mind against the Edinburghers , with whom she was angry before . When she saw , how disaffected People were to her , both at Home and Abroad , she took Advice with her Cabal , How she might establish her Power , and quell any Insurrection for the future . First of all , she determined to send an Embassador into France , to reconcile those Princes , and the Guises , to her , who , she knew , were offended with her precipitate Marriage : William , Bishop of Dunblane , was chosen for that Service ; his Instructions were given him , almost in these very Words : First , You shall excuse me to Those Princes , and to my Uncle , That they heard of the Consummation of my Marriage , by vulgar Report , before ever I had acquainted them with my purpose therein , by Messengers of my own . This Excuse is built , as upon a Foundation , on the true Narration of his Life , and especially of the good Offices , which the Duke of the Orcades hath done me , even to that very Day , wherein I thought good to make him my Husband : You shall begin the Declaration of that Story , as the Truth is , taking your Rise from his very Youth . Assoon as ever he came to be of Age , after the Death of his Father , one of the prime Noblemen of the Kingdom , he wholly addicted himself to the Service of the Princes of this Land , being otherwise of a very noble Family , both by reason of its Antiquity , and also the high Offices it held in the Kingdom , as by Hereditary Right : At that time , he principally addicted himself to the Service of my Mother , who then held the Scepter , and was so constant an Adherent to her , that though , in a very short time , a great many of the Nobility , and many Towns also , had revolted from her , on the account of Religion , yet he never faultred in his Loyalty ; neither could he be induc'd , by any Proffers , Promises , or Threats , nor by any Loss of his particular Estate , to make a Defection , in the least , from her Authority ; nay , rather than neglect her Service , he suffer'd his House , the Mansion-House of the Family , and all his Goods , which were many and precious , to be plundred , and his Estate made a Prey to his Enemies : At last , being destitute of my Aid , and all other besides , an English Army was brought in by domestick Enemies , into the very Bowels of the Kingdom , on purpose to inforce my Husband ( then Earl of Bothwel ) to leave his Estate and Country , and to retire to France ; where he observed me with all Respect , till my Return to Scotland . Neither must his Military Exploits against the English be forgotten , a little before my Return , wherein he gave such Proofs of his manly Valour , and great Prudence too , that he was thought worthy , though a young Man , to command his Superiours in Age ; so that he was chosen chief General of the Army of his Country-men , and my Lieutenant , which Office he discharged so well , That , by many valiant Performances , he left a noble Memorial of his Fortitude , both amongst his Enemies , and also his own Country-men . After my Return , he imployed all his Endeavours for the Enlargement of my Authority ; he spar'd no Danger in subduing the Rebels upon the Borders of England ; where having reduc'd things to great Tranquillity , he resolv'd to do the same in other Parts of the Kingdom : But , as Envy is always the Companion of Virtue , the Scots still desiring Innovations , and some of them , willing to lessen my Favour towards him , did so ill interpret his good Services , that they caused me to commit him to Prison ; which I did , partly to gratify some , who envied the Growth of his increasing Greatness ; and partly to allay the seditious Commotions , which were then ready to break out , to the Destruction of the whole Kingdom . He made his Escape out of Prison , and , that he might yield to the Power of his Emulators , he retir'd into France , and there he abode almost Two years ; in which time , the Authors of the former Seditions , forgetting my Lenity towards them , and their Duty towards me , took up Arms , and led an Army against me . Thereupon , I commanded him to return , I restor'd him to his Honour and Estate , and made him General over all my Forces , by whose Conduct my Authority was again so restor'd , that all the Rebels were quickly inforc'd to seek Shelter in England , until a great part of them , upon their own Request , were again receiv'd by me into Favour . How perfidiously I was treated by those Exiles which returned , and by those , whom I had oblig'd with greater Courtesies , than they deserved , my Uncle is not ignorant of , and therefore I need say little of it ; yet , I must not pretermit in silence , with how great diligence he freed me from the Hands of Those , who held me Prisoner ; and how speedily , by his singular Conduct , I escap'd out of Prison ; and , the whole Faction of Conspirators being dissipated , I recovered my former Authority . On this Head , I must acknowledg , that his Services were so grateful , that I could never suffer them to slip out of my Memory : These things are Great in themselves , yet he hath made such an Accession to them , by his anxious Sedulity and Diligence , that I could never expect greater Observance or Faithfulness in any Man , than I have found in him , even until after the Decease of my late Husband : Since that time , as his Thoughts seemed to aim higher , so his Actions were a little more insolent ; and though the Matter was come to that pass , that I must take all things in the best part , yet I was much offended with his Arrogance , in thinking I had ability to requite his Services no otherwise , than by giving up my self to him , as their Guerdon and Reward ; besides , I did dislike his secret Designs against , and , at length , his open Contempt of Me , and the Force used to get me into his Power , lest otherwise he might be frustrated in his Purpose . In the mean time , the whole Course of his Life was so order'd , that it may be an Example , how Men , that undertake great Designs , can craftily conceal their Purposes , till they obtain their Ends. For , I thought , that his Sedulity and Diligence , in his speedy Obedience to all my Commands , proceeded from no other Fountain , than his Loyal Desire to please me ; neither did I ever imagine , that he had any higher Wish or Design ; neither did I think , those more gracious Countenances , which I sometimes shew towards my Nobles , to ingage them more readily to obey my Commands , would have exalted his Mind , to promise to himself the Hope of a more extraordinary Courtesy from me ; yet he , turning even fortuitous things to his own Advantage , maintained Designs unknown to me ; and , by his wonted Observance , nourish'd his ancient Love ; as also by currying Favour with the Nobility , he was privily ambitious of a new Favour , and he was so sedulous therein , that though I knew nothing of it , yet when the Convention of the Estates was celebrated , he obtain'd a Chart from all the Nobility , subscrib'd with their Hands , to make it more Authentick , wherein they declared their Assent to the Marriage betwixt Me and Him , and promis'd to expose their Lives and Fortunes to bring it to pass , and to be Enemies to all those that should oppose it . And more easily to obtain the Assent of the Nobles , he persuaded each of them , that all these things were manag'd by my Consent . This Writing being once obtain'd , next , by degrees , he most humbly sought for my Consent ; but my Answer not suiting with his Desire , he began to propound such things to himself , which are wont to occur in such great Undertakings , as , the outward Demonstrations of my Good Will , the Ways by which my Friends , or his Enemies , might hinder his Design ; and , lest any of those , who had subscrib'd , should withdraw their Assent , and many other things , which were cast in , or came freely , to hinder his Purpose . At length , he determined with himself , to pursue the Favour of his present Fortune , and to cast the whole Business , with his Life and Hope , on the hazard of one Moment ; so that , being resolved to execute his Design to purpose , after he had waited 4 days , as I was returning from visiting my Dear Son , he watch'd a convenient Place and Time , and , on the way , seized me , with a strong Party of Men , and carried me speedily to Dunbar . How I took the Fact , especially from him , of whom , amongst all my Subjects , I expected no such thing , every one may easily judg . There I upbraided him with my Favours towards him , and how honourably I had always spoken before of his Manners and Behaviour , and how ungratefully he had carried it towards me : Other things I spake , to free my self out of his Hands ; his Usage , indeed , was somewhat course , but his Words were fair and smooth , as , that he would use me with all Honour and Observance , and would do his utmost not to offend me in any thing ; but for carrying me against my Will , into one of my own Castles , for so bold an Attempt , he crav'd my Pardon , alleging , he was forc'd , by the Power of Love , so to do , forgetting the Reverence and Allegiance , which , as a Subject , he ow'd to me . He said further , That he was compell'd to go thither for fear of his Life . Then he began to rehearse to me the whole Course of his Life , and lamented his Misfortune , that those , whom he had never offended , were his bitter Enemies , and whose Malice had devised all unjust ways to do him a Mischief ; what envious Reflections were made upon him , for the King's Death , and how unable he was to bear up against the hidden Conspiracy of those of his Enemies , whom he knew not , because they pretended Good-will towards him both in Speech and Behaviour ; neither was he able to prevent those Treacheries , which he did know . Their Malice against him was so great , that , at no Time or Place , he could live a quiet Life , unless he was assur'd of my unchangeable Favour towards him : And to assure that , he knew but one way , and that was , That I would vouchsafe to make him my Husband ; withal , he solemnly swore , that he did not seek Preheminence therein , or the Top and Height of Dignity , but this one Thing , That he might be able to serve and obey me , as hitherto he had done , all the Days of his Life . This his Oration , he deck'd with that Eloquence , as his Cause required . But when he saw , I could not be wrought upon , neither by Prayers nor Promises , at length , he shewed me the Transactions of the Nobility , and all the Estates , and what they had promised under their Hands . This being produced before me on a sudden , and beyond my Expectation , I leave it to the King , Queen , my Uncle , and the rest of my Friends , Whether it might not administer a just Cause of Amazement to me : Whereupon , when I saw my self in another Man's Power , separate from those , who were wont to give me Counsel ; yea , when I saw those Persons , on whose Faithfulness and Prudence , I had cast my self , whose Power must confirm my Authority , that otherwise would be little or none at all ; I say , when I saw such Men to have devoted themselves to gratify his Will and Desire , and I left alone , as his Prey ; I ponder'd many things in my Mind , but could not find a Way how to extricate my self ; neither did he give me any long time to consider of the matter , but did press his Purpose with great eagerness : At last , when I saw I had no hope to escape , and that there was not a Man in the Kingdom , that would stir for my Deliverance , for I easily perceived by the Roll he shewed me , and by the great Silence of the Time , that All were drawn to his Party : When my Anger was a little abated , I applied my Mind to consider his Request ; Then I began to set before my Eyes his Services in former Times , and the great Hopes I had , he would constantly persist in the same for the future ; And again , how hardly my Subjects would endure a foreign Prince , who was unacquainted with their Laws , That they would not suffer me to be a Widow , long ; That a People , prone to Tumults , could not be kept within the Bounds of their Duty , unless my Authority was upheld and exercis'd by a Man , who was able to undergo the Toil of governing the Commonwealth , and so to bridle the Insolence of the Rebellious ; that my Strength was weakned with the Weight of those things , ever since I came into Scotland , and almost broke to nothing ; insomuch , that I could no longer bear the daily Tumults and Rebellions , that arose . Furthermore , by reason of these Seditions , I was forc'd to create Four , or more , Lieutenants , in divers Parts of the Kingdom ; most of which , under colour of the Authority granted by me , caus'd my Subjects to take Arms against me . For these Reasons , when I saw , That , if I would support my Imperial State , I must incline my Heart to Marriage ; and , that my Subjects would not bear a foreign King ; And , that amongst my Subjects , there was none for Splendor of Family , for Prudence and Valour , and other Endowments of Body and Mind , could exceed , or so much as bear a comparison with , him , whom I have now married ; I prevail'd with my self to comply with the universal Decree of my Estates , of which I spake before . After my Constancy was batter'd by these Reasons , partly by Force , partly by Flattery , he obtain'd a Promise from me to marry him ; which having done , I could not obtain from him , ( who fear'd , lest my Mind should change , ) to put off the Celebration of it , that so I might have had time to communicate the Matter to the King and Queen of France , and to my other Friends beyond Sea ; but , as he audaciously began , so , that he might arrive at the top of his Desires , he never gave over to solicite me by Arguments and earnest Entreaties , until at last he compell'd Me , not without Force , to put an end to the Matter begun , and that at such a Time and Way , as seem'd to him most convenient to his Purpose . And upon this head , I cannot dissemble , but must needs say , that I was treated by him otherwise , than I would , or than I had deserv'd of him ; for he was more solicitous to satisfy them , by whose Consent , tho extorted from them at the beginning , he judges himself to have accomplish'd his Desires , ( he having deceiv'd Them , as well as my self ) than to gratify Me , by considering , what was fit and creditable for me to do , who had been always brought up in the Rites and Institutions of our Religion , from which , he , nor no Man living , shall ever divert Me. In this Point , I confess , tho I acknowledg my Error , yet , I much desire , that the King , the Queen , his Mother , my Uncle , nor other Friends of mine , would not expostulate with him , or rub up old Sores . For now Matters being so compleated , that they cannot be undone , I take all things in the best part ; and , as he is indeed my Husband , I resolve now to look upon him , as one that hereafter I will Love and Reverence ; and they who profess themselves my Friends , must needs carry the same Respects to him , since now we are join'd in the indissoluble Bond of Matrimony . Tho , in some things , he hath carried himself something negligently , and almost rashly , yet I impute it to his immoderate Love towards Me , and do therefore intreat the King , Queen , my Uncle , and other Friends , to respect him as much , as if all had been manag'd by their Advice , even to this very Day ; and , on the other side , We promise , in his behalf , that he will gratify them in all things , which they shall desire . This was the Remedy provided against the bad Reports of the World abroad ; but against Domestick Tumults they provided , after they had fixed those , by Gifts at present , and Promises for the future , who were either Perpetrators or Partizans in the King's Murder , To make a Combination of the greater part of the Nobility ; if that were done , they might undervalue the rest ; or , if they remain'd obstinate , cut them off . Whereupon , they assembled many of the Nobility , and propounded to them the Heads of the Capitulations , they were to swear : The sum was , That they should maintain the Queen and Bothwel , and all their Actings ; and on the other side , They were to Favour and Countenance the Concerns of Those of the Confederates , there present . A great many were persuaded before , and so subscribed ; the rest , perceiving it was bad to conspire , and as dangerous to refuse , they subscribed , too . Murray was sent for , that his Authority ( which was great , for his Virtue ) might give some Countenance to the thing . As he was on his Journy , he was advis'd by his Friends , to consult his own Safety , and not to lie in Seton House , where the Queen and the chief Conspirators were , but rather to lodge in some Friends House in a Village hard by . He answer'd , That was not in his Power , but , come what would , he would never assent to any flagitious Act , the rest he left to God. To the Courtiers , who were appointed by the Queen , to debate with him about subscribing the League , He answer'd , That he could not justly nor honestly make this League with the Queen , ( whom in all things , else t was his Duty to obey ) ; That he was reconcil'd to Bothwel , by the Queens Mediation : Whatever he had then promis'd , he would observe to a tittle ; neither was it Equitable , or Good for the Commonwealth , that he should make another League or Combination with him , or any other Man. The Queen accosted him more kindly than ordinary for some Days , and promis'd to tell him her Mind in all things , yet she could not speak out for Shame , and therefore try'd his Mind by her Friends ; They also , perceiving his Constancy in that which was Right , openly confest , what 't was they desir'd : And seeing they did no good by their underhand Ways , at length Bothwel set upon him , and after much Discourse , told him , That he did that Fact not willingly , nor for himself alone . His Countenance frown'd at that Word ; whereupon Bothwel , having sometimes by serious Discourse , sometimes by terms near to railing , driven the nail , as far as it would go , at last endeavour'd to cast in Seeds of Discord , and to urge him to a Quarrel . He , on the contrary , answer'd moderately , gave no just occasion for a Combate , yet kept himself upright , and did not depart , in the least , from his Resolution . When Murray was versant in these straits for some Days , he ask'd leave of the Queen , that , seeing there was no great need of him at Court , he might have Liberty to retire to St. Andrews , or into Murray ; for he was willing to go out of the Way , That he might not be suspected to be the Author of the Tumults , which , he foresaw , would arise . When he could not obtain that , nor yet remain at Court without great and apparent Danger , He , at last , got leave to travel , but upon Condition , not to stay in England , but to pass either through Flanders into Germany , or whither else he pleas'd . To go to Flanders , was all one as to cast himself into Evident Danger , and therefore , with much adoe , he obtain'd leave to pass thrô England into France , and from thence , whither he pleas'd himself . The Queen , being thus freed of a Free-hearted and popular Person , endeavours to remove the other Obstacles to her Tyranny , and Those were such , as would not willingly subscribe to her Wickedness ; or , were not like easily to acquiesce in her Designs . But she had a special hatred against those , who , perceiving her to be no better affected towards her Son , than towards her former Husband , made an Association at Sterlin , for no wicked Design , but only to Defend the young Prince , which his Mother desir'd to have under the Power of his Father-in-Law . As for him , every Body knew , that he would make away with the Child , as soon as ever he had Opportunity so to do , that so he might not Live to be a Revenger of his Fathers death , nor to prevent his Children from the Crown . The chief of that Combination , were , the Earls of Argyle , Morton , Marr , Athol and Glencarn ; besides others of the same Order , but inferior , and next in Degree , as Patrick Linsey , and Robert Boyd , with their Friends and Partners , who had adjoin'd themselves to them . But Argyle , with the same Levity , that he came in to them , in a Day or Two , discover'd their Designs to the Queen ; and Boyd , was , by large Promises , wrought over to the contrary Party . Next to these , she suspected the Families of the Humes , the Carrs , and the Scots , living by the Borders of England , whose Power she sought , by all means , to lessen , and for that there seem'd a just occasion to be offer'd . For , when Bothwel was preparing an Expedition into Liddisdale , to make amends for the disgrace , he had receiv'd there the Autumn before ; and also , to get some Credit by his Arms , to take off the envy of the King's Death , all the chief of the Families in Teviotdale were commanded by the Queen , to come in to the Castle of Edinburgh , that there , for some short time , they might be secure , as in free Custody ; upon pretence , that they might not be led into an Expedition , which did not seem likely to be successfully accomplish'd , against their Wills ; and they also , if at Liberty , might disturb the design , out of Envy ; and , in their Absence , she might inure the Clans to the Government of others ; and so , by degrees , wear off the Love of their old Patrons and Masters . But they , imagining , that there was some deeper Project hid under that Command , went home in the Night , all except Andrew Carr , who was commonly thought not ignorant of the Parricide , and Walter Carr of Sesford , a Man , that , by reason of his Innocent Life , suspected nothing . Hume , being often summon'd by Bothwel to come to Court , refus'd so to do ; as knowing the King's thoughts towards him , yet notwithstanding the design for the Expedition proceeds , and the Queen staid at Borthwick Castle , about 8 Miles from Edinburgh . In the mean time , they , who had united to defend the King , being not ignorant of Bothwels intention towards him , thought it necessary to proceed to Action , not only for their own Security , but also , that , by demanding Justice upon the Author of the King's Murder , they might acquit the Scotish Name from the Infamy , under which it lay amongst foreign Nations . And therefore , supposing the common People would follow their Motions , they privately levy'd about 2000 Horse : So that the Queen knew nothing of what was Acted , till Hume came to Borthwick Castle , vvith part of the Army , and besieg'd Her , and Bothwel , together . But the other Part of the Conspirators , not coming in at the time appointed , and he having not force enough , to stop all Passages ; and was not so active neither , as he might have been , because the rest had neglected their Parts ; First , Bothwel , made his escape , and after him , the Queen in Mans apparel , and went directly to Dunbar . Athol was the occasion , why his Associates came not in seasonably enough ; For he , either amaz'd at the Greatness of the Undertaking ; or , detain'd by his own sluggish Temper , kept the rest at Sterlin , until the Opportunity of the Service vvas lost ; yet , that they might seem to have done something , a great part of them were sent to besiege Edinburgh . Iames Balfure vvas Governor of the Castle there , put in by Bothwel , as being a Partner in the Parricide , and Author of , or else Privy to , all his Designs ; but when he saw he had no Pay for his Service , and vvas not so vvell respected by the Tyrants as he expected , for they had endeavour'd to take away the Command from him , he drove out Those of the contrary Faction , and brought the Castle under his sole Power ; he then promis'd the publick Vindicators of the Parricide , That he would do them no hurt , and was creating of Conditions , how to deliver it up . There were then in the Town , the Principal of the Queen's Faction , Iohn Hamilton , the Arch-bishop of St. Andrews ; George Gordon , Earl of Huntly , and Iohn Lesly , Bishop of Ross : They understanding , that their Enemies were receiv'd into the Town , flew to the Town-house , and there offer'd themselves Captains to the Multitude , to drive them out ; but very few coming in to them , they were driven back to the Castle ; they were received into it by Balfure , and a few days after were sent away safe , a by-way : For Balfure , having not yet fully agreed with the other Side , would not then cut off all his Hopes of Pardon from those of his Party : The Town easily came into the Combination , for it had been burden'd a little before with new Taxes from the Queen ; and , in the publick Necessity , they expected no Moderation from her Party , and were unanimously offended with her Tyranny ; yea , as oft as they had Liberty to express their Sentiments , they cursed the Court-Wickedness with most grievous Execrations . Matters being thus slowly carried by the Faction of the Nobles at Borthwick , the Queen and Bothwel , by the neglect of the Guards , escaped by Night , and with a small Retinue came to Dunbar , where they had a well-fortify'd Castle to secure themselves in ; Thereupon , there followed so great a change of things , that they , who were lately in great Despair , now , by the flocking in of those to them , who either were Partners in their Evils , or else followed the Shadow of the Royal Name , grew strong enough , as they thought , to cope with and subdue their Adversaries . On the other side , the Vindicators of Liberty were driven to great Straits ; for , to their great Disappointment , there were but a few came in to so renown'd an Undertaking ; the Heat of the Vulgar , as is usual , quickly abating , and a great part of the Nobility being very averse , or at least standing aloof off , expecting the Issue of the others Danger ; besides , though they were superior in Number , yet they wanted Artillery to take in Castles : Seeing then no Issue of their Counsels at present , Necessity in a manner compelling them , they thought to return without effecting any thing : But the Queen decided their Doubts , for she , taking Courage from the Numbers she had , resolv'd with them to march for Leith , to try her Fortune neer at hand , imagining also , That at her Coming , greater Concourse would have been made to her ; and That her Boldness would strike Terror into her Enemies ; Besides , the Success of former times had so elated her Spirit , That she thought now hardly any Man would stand to look her in the Face . This her Confidence was much heighten'd by her Flatterers , and especially by Edmond Hayes , a Lawyer ; he told her , That all things were pervious to her Valour , That her Enemies wanted Force , and were at their Wits end , and , at the very Noise of her Coming , would be packing away : Whereas , indeed , the matter was far otherwise , and in the present Circumstances , nothing had been better for her , than Delay ; for , if she had kept her self in the Castle of Dunbar , but three Days longer , the Vindicators of Liberty , being destitute of all Preparation for War , as having attempted their Liberty in vain , must have been forc'd to depart every one to his own House . However , she march'd from Dunbar , being excited by bad Counsel , and by vain hopes ; yet she march'd slowly , because she distributed Arms to the Country-men , that she gathered up by the way . At length a little before Night , they came to Seton , and because they could not be quarter'd there , they divided their Number into two Neighbouring Villages , both called Preston : From thence a fearful Alarm was brought to Edinburgh before Midnight , and presently the Word was given , To your Arms ; They rose out of their Beds , and made all the haste they could into the Fields adjoining , and there having gathered a good Body together by Sun-rising , they set them in Battel-array ; thence they march'd to Musselburgh , to pass the River Esk , before the Bridg and Ford were possess'd by the Enemy , ( that Village is but two Miles from Preston ) but meeting no body , and perceiving no Noise at all , they placed Guards and Sentinels , and went to refresh themselves with Food . In the mean time , the Scouts which were sent for Espial , seeing a few Horse-Men , drove them into the Village , but did not dare to follow them further , for fear of an Ambush ; so that , they brought back no certain News of the Army , only that the Enemy was a marching : Whereupon the Vindicators of Liberty , marching out of Musselburgh , saw the Enemy standing in Battel-array , upon the brow of an Hill over against them , and that they kept their Ground . The Hill being so steep , that they could not come at them , without Prejudice , they drew a little to the right , both to have the Sun on their Backs , as also to gain an easier Ascent , and to fight upon a more advantagious Ground ; that Design of theirs deceived the Queen , for she thought , they had fled , and were marching to Dalkeith , a Neighbour-Town of the Earl of Morton's ; she was fully persuaded , that the Terror of her Royal Name was so great , that they durst not stand ; but she quickly found , That Authority , as 't is gotten by good Arts , so may be quickly lost by bad ; and that Majesty destitute of Virtue , is soon brought to nothing . In their March , the Dalkeithians brought them forth all manner of Provisions in Abundance . When they had refresh'd themselves , and quench'd their Thirst , which much annoy'd them before , as soon as ever they got a convenient place , they divided their Army into two Bodies , Morton commanded the first , assisted by Alexander Hume and his Vassals : The second was led on by the Earls of Glencarn , Marr , and Athol ; when they were thus ready to charge , Crock the French Embassador came to them , he prefaced to them , by an Interpreter , how he had always studied the Good and Tranquillity of the Scots , and that he was now of the same Mind , and therefore he earnestly desired , if possible , that the Controversy might be decided to the Satisfaction of both Parties , without Force or Bloodshed , wherein he offered his Service , alleging , That the Queen also was not averse from Peace ; and , to incline them to believe it , he told them , she would give a present Pardon , and Oblivion of what was done , and she faithfully promised , That they should all be indemnified , for taking up Arms against the Supream Magistrate . When Mr. Crock's Interpreter had thus spoken , Morton answered , They had not took up Arms against the Queen , but against the Murderer of the late King , whom , if she would deliver up to Punishment , or sever her self from him , then she should understand , They and their Fellow-Subjects desired nothing more , than to persist in their Duty to Her : Otherwise , no Agreement could be made . Glencarn added , That they came not thither to receive Pardon for taking up Arms , but to give it . Crock , seeing their Resolution , and knowing well , That what they spake was true , and what they desired was just , crav'd leave to depart , and so went to Edinburgh . In the mean time , the Queen's Army kept it self within the ancient Camp-Bounds of the English ; it was a Place naturally higher than the rest ; and besides , fortified with a Work and Ditch ; from whence Bothwel shewed himself , mounted on a brave Steed , and proclaim'd , by an Herald , that he was ready to fight a Duel with any one of the adverse Party . Iames Murray , a noble Young Man , offer'd himself from the other Army ; he had done the same before by a Chartel , but suppress'd his Name ; ( as I said before , ) Bothwel refus'd him , alleging , That he was not a fit Match for him , neither in Dignity nor Estate ; Then came forth Iames's elder Brother , affirming , that if Mony-Matters were subducted , he was as powerful as Bothwel , but in Antiquity of Family and Integrity of Repute , his Superior : He also was refused , as being but lately made a Knight , and of the second Rank ; many of the first Rank offered themselves , especially Patrick Lindsy , he desired it as the only Reward of all his Labours , which he had undergone to maintain the Honour of Scotland , that he might be permitted to fight with Bothwel : Bothwel excepted against him , too ; and not knowing how creditably to come off , the Queen interposed her Authority , and , forbidding him to fight , ended the Controversy : Then marching through the Army on Horse-back , she tried how they all stood affected . Bothwel's Kindred and Friends desired to fight ; but the rest told her , that there were many brave Souldiers in the adverse Army , who being well exercised in Arms , the Hazard of a Fight was dangerous ; As for themselves , they were ready , but the Commonalty , of which they had a great many , were averse from the Cause ; and therefore 't was much fitter , that Bothwel himself should maintain his own Cause in a Duel , than that he should expose so many brave Men , and especially the Queen her self , to so great Hazard ; but if she were fully resolved to fight , yet 't was best to defer it , till to Morrow : For , 't was said , that the Hamiltons were a coming with 500 Horse , and that they were not far off ; with the Conjunction of their Forces , they might then more safely advise about the main ; for at that time , the Earl of Huntly , and Iohn Hamilton , Arch-bishop of St. Andrews , had gather'd their Clans together to Hamilton , and the day after were coming to the Queen ; whereupon she gnash'd her Teeth , and fell a Weeping , casting out many Reproaches against the Nobles , and , by a Messenger , desires of the contrary Army , that they would send William Kircade of * Grange to Her , that she would speak with him , about Conditions of Peace , in the Interim the Army should not advance ; neither did the Army of the Vindicators proceed , but they stood near , and in a low place , so that the Enemies Ordnance might not annoy them . Whilst the Queen was conferring with Kircade , Bothwel was bid to shift for himself , ( for that was it which she aim'd at , by pretending a Conference ) who made such fearful haste to Dunbar , that he commanded two Horse-Men , that accompanied him , to return back again . Such a Load of Guilt lay upon his Mind , that he could hardly trust his own Friends . The Queen , when she thought he was out of Danger , articled with Kircade , that the rest of her Army should pass quietly home , and so she came with him to the Nobles , cloth'd only with a Tunicle , and that a mean and thread-bare one too , reaching but a little below her Knees : Of the Van of the Army , she was receiv'd , not without Demonstration of their former Reverence ; but when she desir'd , that they would dismiss her to meet the Hamiltons , who were said to be coming on , promising to return again , and commanded Morton to undertake for her , ( for she hoped , by fair Promises , to do what she would ) when she could not obtain it , she brake forth into Bitterness of Language , and upbraided the Commanders with what she had done for them ; they also heard her with Silence : But when she came to the second Body , there was an unanimous Cry from them all ; Burn the Whore , burn the Parricide . King Henry was painted in one of the Banners , dead , and his little Son by him , craving Vengeance of God for the Murder ; that Banner two Souldiers stretch'd out betwixt two Pikes , and set before her Eyes , whithersoever she went ; at this Sight she swooned ; and could scarce be kept upon her Horse ; but , recovering her self , she remitted nothing of her former Fierceness , uttering Threats and Reproaches , shedding Tears , and manifesting other Appendexes to Women's Griefs . In her March , she made what Delay she could , expecting , if any Aid might come from elsewhere ; but one of the Company cry'd out , There was no reason she should expect the Hamiltons , for there was not an arm'd Man , in many Miles of the place : At last a little before Night , she entred Edinburgh , her Face being covered with Dust and Tears , as if Dirt had been cast upon it , all the People running out to see the Spectacle , she past through a great part of the City in great Silence , the Multitude leaving her so narrow a Passage , that scarce one could go a breast ; when she was going up to her Lodging , one Woman of the Company prayed for her ; but she turning to the People , told them , besides other threatning Words , That she would burn the City , and quench the Fire with the Blood of the perfidious Citizens . When she shewed her self weeping out of the Window , and a great Concourse of People was made , amongst whom , some did commiserate her sudden change of Fortune : The former Banner was held out to her , whereupon she shut the Window , and flung in . When she had staid there two days , she was sent Prisoner , by the Order of the Nobles , to a Castle scituated in Lough-Levin ; for Edinburgh-Castle was yet held by Balfure , who , though he favour'd the Vindicators , yet he had not made any Conditions for the Surrender of the Castle . In the mean time , the Bishop of Dunblane , who was sent Embassador into France , to excuse the Queen's Marriage , being ignorant of all that was done in Scotland , after his Departure , came to that Court , at the time , whilst these last Transactions were on foot , and obtain'd a Day for Audience . The very same day , there came 2 Letters to the King and his Mother , one from Crock , his Embassador , another from Ninian Cockerburn , a Scot , who had serv'd , as Captain of Horse , some years in France ; both of them discover'd the present Posture of Affairs in Scotland . The Scots Embassador , being admitted to the King's Presence , made a long & accurate Speech , partly to excuse the Queen's Marriage , without the Advice of her Friends ; partly , to commend Bothwel to the Skies , beyond all Right and Reason . The Queen of France interrupted the vain Man , and shew'd him the Letters she had receiv'd from Scotland ; how that the Queen was a Prisoner , and Bothwel was fled ; whereupon , he was astonish'd at the sudden ill News , and held his Peace : They who were present , did partly jeer , and partly smile at , this unlook'd-for Accident ; there were none of them all , but thought , she suffer'd deservedly . About the same time , Bothwel sent one of his faithfullest Servants into the Castle of Edinburgh , to bring him a silver Cabinet , which had been sometimes Francis's , King of France , as appear'd by the Cyphres on the outside , wherein were Letters writ , almost all , with the Queen 's own Hand , in which the King's Murder , and the things vvhich followed , vvere clearly discover'd , and 't was vvritten in almost all of them , that , as soon as he had read them , he should burn them . But Bothwel , knowing the Queen's Inconstancy , as having had many evident Examples of it in a few Years , had preserv'd the Letters ; that so , if any Difference should arise betwixt him & her , he might use them as a Testimony for himself , and thereby declare , That he vvas not the Author , but only a Party , in the King's Murder . Balfure deliver'd this Cabinet to Bothwel's Servant , but vvithal , he inform'd the Chiefs of the adverse Party , What he had sent , Whither , and by Whom ; vvhereupon , they took him , and found , in the Letters , great and mighty Matters contain'd , which , though before shrewdly suspected , yet could never so clearly be made forth ; but here the vvhole vvicked Plot vvas visibly exposed to vievv : Bothwel , not speeding in any of his Affairs , and being destitute of all Help or Hope to recover the Kingdom , fled , first to the Orcades , then to the Schetland Isles ; and there , being driven to great Want , he exercis'd Piracy . In the Interim , many dealt vvith , and desir'd , the Queen to separate her Cause from Bothwel's ; ( for , if he was punish'd , she might easily be restor'd with the Good-Will of all her Subjects : ) But the fierce Woman , bearing , as yet , the Spirit of her former Fortune , and in●ag'd vvith her present Troubles , answer'd , That she would rather live with him in the utmost Adversity , than without him in the Royalest Condition . But amongst the Nobles , there were great Thoughts of Heart ; the Revengers of the Parricide hoped , that at the noise of so famous a Business , the Approbation of the Better Part , if not All , would have concurr'd with them ; but it fell out far otherwise , for popular Envy , being abated , partly by space of Time , and partly by the consideration of the Uncertainty of human Affairs , was turn'd into Commiseration ; yea , some of the Nobility , did then no less bewail the Queen's Calamity , than heretofore they had execrated her Cruelty ; Both which they did , rather by Inconstancy of Mind , than by any propense Affection to either side : So that it evidently appear'd , that , in such troubled Waters , they did not seek the Publick Peace , but rather fish for their own private Advantage ; many also desir'd Quietness , and they weighed within themselves , which Party was strongest , and so were inclin'd to side with the most Powerful . Their Faction was thought to be the strongest , who , either consented to the Murder , or , when the thing was done , in obsequiousness to the Queen , subscrib'd to that sceleratious Fact : The chief of them came in to Hamilton , and being very strong , would receive neither Letters , nor Messengers , from the contrary Party , in order to a Settlement ; neither did they spare to reproach them with all kind of calumniating Language ; and they were so much the more inrag'd , because the greatest part of the Nobles , who respected rather the Blasts of Fortune , than the Equity of the Cause , did not come in to the Vindicators ; for they that were not against them , they concluded were for them . Moreover , they esteem'd it a piece of Vain-Glory , that the Vindicators should enter before them into the Metropolis of the Kingdom , and from thence send for them , who were the greater Number , and more powerful . The other Party , though they had not imperiously commanded them , but only humbly desir'd ; yet , to prescinde any Shew of imputable Arrogance , they prevail'd with the Ministers of the Churches , to write jointly to them all , and severally to each in particular , That , in so dangerous a time , they should not be wanting to the Publick Peace ; but , setting aside private Animosities , they should consult , What was most expedient for the Publick Good. These Letters did no more Good with the contrary Faction , than Those of the Nobles before ; they all making the same Excuses , as if it had been so agreed purposely between them . Afterwards , the Queen's Faction met together in diverse Places , and , finding no means to accomplish their Designs , they all slipp'd off , and dispers'd several ways . In the Interim , the Vindicators of the publick Parricide dealt with the Queen , ( whom they could not separate from the Concerns of the Murderers ) to resign up her Government , upon pretence of Sickness , or any other specious Allegation , and to commit the Care of her Son , and the Administration of Publick Affairs , to which of the Nobles , she pleas'd . At last , with much ado , she appointed , as Governours to the Child , Iames , Earl of Murray , if , upon his Return home , he did not refuse the Charge ; Iames , Duke of Castle-herault ; Matthew , Earl of Lennox ; Gilespy , Earl of Argyle ; Iohn , Earl of Athol ; Iames , Earl of Morton ; Alexander , Earl of Glencarn ; and Iohn , Earl of Marr. Moreover , they sent Proxies to see the King plac'd in his Royal Throne , and so to enter on the Government , either at Sterlin , or any other Place , if they thought fit . These things were acted , Iuly the 25 th , in the Year of our Lord , 1567. A little before , Iames , Earl of Murray , hearing how Matters went at home , returned through France , and was pretty nobly entertain'd at Court ; yet so , that Hamilton ( whose Faction , the Guises knew , were more intimately affected towards them ) was far better receiv'd , which was occasion'd chiefly by the Guises , who were averse to all Murray's Designs . After he was dismiss'd , the Archbishop of Glasgow , who called himself the Queen of Scots Embassador , told the Court , That Iames , though absent , yet was the Chief of the Faction ; and , as in former times , all things were acted by his Influence , so now he was sent for , as an Head to the Body of them . Hereupon , some were sent after to bring him back ; but he , being forewarned by his Friends , had set Sail from the Haven of Deip , where he was , before the King's Letters came , and arriving in England , was honourably entertain'd by all Orders of Men , and so sent home . There he was receiv'd with the high Gratulation and Joy of all the People , especially of the Vindicators ; and they all earnestly desir'd him to undertake the Government , whilst the King , his Sister's Son , was yet a Child : for he alone was able to manage that great Trust , with the least Envy , because of his Propinquity in Blood , his known Valour in many Dangers , his great Popularity grounded on his Deserts ; and moreover , the Queen desir'd it , too . He , tho knowing , what they had spoke was true , yet , desir'd a few Days of Deliberation , before he gave in his Answer . In the mean time , he writes earnestly to the Heads of the other Faction , and chiefly to Argyle , as being his Kinsman , and one , whom , by reason of ancient Acquaintance , he was loth to offend ; he told him , in what posture things were , and what the Infant-King's Party did desire of him , and therefore he intreated him , by their Nearness of Blood , by their ancient Friendship , and by the common Safety of their Country , that he would give him opportunity to speak with him , that so , by his Assistance , himself and their Country might be deliver'd out of the present Difficulties . He also wrote to the rest , according to every ones Place and Interest ; and , in general , he desir'd of them all , that , seeing Matters were in such Confusion , there was no likelihood of a Settlement , without a chief Magistrate ; That they should all agree , to meet together , as soon as might be , in a Place they should judg most convenient , and so , by common Consent , to settle Matters . At length , being not able to obtain a Meeting from the One Faction , nor any longer delay of a Convention from the Other , with the unanimous Consent of all , there present , he was elected REGENT . IAMES the VIth , the CVIIIth King. ON the 29 th of August , after an excellent Sermon made by Iohn Knox , Iames , the Sixth of that Name , began his Reign ; Iames , Earl of Morton , and Alexander Hume , took the Oath for him , that he would observe the Laws ; they also promised , in his Name , that he would observe that Doctrine , and those Rites of Religion , which were then publickly taught and practised , and oppose the contrary . A few days after , Hamilton's Partisans murmured , That a few Persons , and those none of the powerfullest neither , had , without their Consent , and contrary to their Expectation , grasp'd all things into their own Hands : When they had tried all the Nobility one by one , they found few of their Opinion , besides those who first came in to them , for many were rather Spectators than Actors of what was done . At length , they wrote to the Royalists , That Argyle was ready to give a Meeting , to confer with the Earl of Murray . These Letters being directed to the Earl of Murray , without any other Title of Honour , were , by the Council's Advice , rejected , and the Messenger dismissed , in effect , without an Answer . But Argyle , knowing what had offended in superscribing his Letters , and , trusting to the Faithfulness of the Regent , with a few of the chief of his Faction , came to Edinburgh , where having receiv'd Satisfaction , That 't was not out of any slighting of those Nobles that were absent , but mere Necessity so requiring , that had caused them to make such haste , in setling a chief Magistrate : A few Days after , he came to the publick Convention of the Estates . The Nineteenth BOOK . WHEN the King was set up , and the Power of the Regent almost settled , there was Quietness from Force and Arms , but the Peace was but Ticklish , Mens minds were yet in a Fermentation , and their Indignation , which they could not hide , did seem to portend some sudden Mischief . In this great uncertainty of Affairs , all Mens thoughts and Eyes were fixt upon , what the insuing Parliament would do ; The time of its Sitting was the 25 th of August , where the Assembly was so Numerous , that no Man , ever before , remember'd the like Concourse . Therein the Authority of the Regent was confirm'd ; but , about the Queen , they differ'd in their Opinions ; for , it appearing by many Testimonies and Proofs , especially by her own Letters to Bothwel , that the whole Plot of the bloody Fact was laid by Her ; Some being moved with the Heinousness of the thing , and Others being afterwards made acquainted therewith by Her , lest They themselves should be punished , as Accessories to so odious a Crime , to remove her Testimony out of the way , Voted , That she should suffer the utmost extremity of the Law ; but the Major part Sentenced Her only to be kept in Prison . After the Parliament rose , The Winter was spent in settling Judicatories , and punishing Delinquents . The Embassadors of the French and English had Audience , they Both desir'd to see the Queen ; but , she being a Prisoner on a publique Account , 't was deny'd them : None but Bothwel was then in Arms ; Whereupon some were sent with a Navy , to catch him as he was exercising Piracy near the Orcades and the Isles of Schetland . The publick Stock was then so low , that they were forc'd to borrow Mony of Iames Douglas , Earl of Morton , to rig and fit the Navy ; so that his private Purse , at that Time , bore the Burden of the publick Charge . Bothwel was there , in a manner , secure , both because of the fierceness of Winter-Tempests , then raging in those Seas , which made them inaccessible for a Fleet ; as also , because he knew the Treasury , which he himself had exhausted , could not afford Mony to set out One ; so that by the sudden coming of William Kircade , of Grange , who commanded the Fleet , he was almost surpriz'd , some of his Company were taken , but he himself escap'd , with a few in Company , by the contrary side of the Island amongst the Shallows and Fords , where great Ships could not follow , and so sail'd to Denmark : Where giving no good Account , Whence he came , nor Whither he was Bound , he was put in Ward ; and afterward , being known by some Merchants , he was clapt up close Prisoner ; where , after ten Years nasty Imprisonment , and other Miseries , at last he grew Mad , and came to a Death , suitable to his base and wicked Life . At the beginning of the next Spring , the Regent determin'd to make a Progress over the whole Kingdom , to settle Courts of Justice there , that so he might repair and amend what was Amiss , or else shrewdly Shaken , by the Tumults of the former Years . Which Proceeding of his was variously interpreted , according to Mens several Humours and Dispositions ; The adverse Faction declaim'd every where against the Regent's Severity ; or , as they phras'd it , Cruelty , which was formidable to them , who , by reason of the greatness of their Offences , could not endure to be regulated by the Law , in regard they had been us'd to Licentiousness in former Times : But , if the Queen were set at Liberty , some of them had Rewards ; Others , Impunity , in their Eye , by which means many were drawn in to the contrary Faction ; yea , some of those too , who had been Instruments in her Apprehension . Maitland was as great an Enemy to Bothwel , ( whom he look'd upon , as a vile and naughty Person , and one that would have cut his Throat , ) as he was a Favourer of the Queen's Affairs , and because he was out of hope to overthrow him , as long as the Queen was alive , therefore he inclin'd , in the Parliament , to that side that would have had her punish'd according to Law. Iames Balfure was in the like Circumstances , as imagining Bothwel to be his implacable Enemy , tho neither of them was thought innocent in the matter of the King's Death . But when Bothwel was taken , and kept Prisoner in Denmark , they then apply'd their Thoughts wholly to the Deliverance of the Queen ; not only , because they hop'd for an impunity of their common Crime more easily from her ; but also , because , they thought , She , that had made away her Husband , would do but little better with her Son , whose Infancy and Shadow of Royal Name was That alone , which kept her from the Throne ; but besides , they judg'd it also for their own Security , lest the Son should come to the Kingdom to be a Revenger of his Father's Death . Moreover , they were no obscure Conjectures , That the Queen's mind was not much abhorrent from such an Attempt ; For she was often heard to say , The Child was not long-liv'd , for a skilful Astrologer had told her at Paris , that her first Child would not live above a Year , and ( t is thought ) that she her Self came once to Sterlin , in the same Hope , intending to bring the Child with her to Edinburgh , which Suspicion caus'd Iohn Erskin , Governor of the Castle , not to suffer the Child to be taken from him ; it also made a great part of the Nobility , then met at Sterlin , to associate themselves , by Oath , to maintain the said young Prince in Safety . Moreover , the Hamiltons , were , might and main , for freeing the Queen ; because , if her Son were remov'd , by her means , They were one degree nearer to the Crown , and after that , 't were no hard task to take her off also , because , she was hated of all for her Crimes ; and having once been stopp'd in her Tyranny , would afterwards let forth the Reins looser , and more impetuously , to Cruelty . Argyle and Huntly , of which one had a Mother , the other a Wife , of the Family of the Hamiltons , did cherish their hopes , and wish'd them good Success , but they had also proper Reasons of their own to incline them so to do ; because , neither of them was judg'd to be wholly ignorant , or guiltless , of the Queen's Crimes ; Besides , William Murray of * Tillibarden , being alienated , both by Reason of his different Opinion , in point of Religion , and bearing also a private Grudg against the Regent , tho he had been highly serviceable in taking the Queen ; yet , did not only revolt from the Royal Party himself , but also drew a great many of his Friends along with him , upon proposal of no small Rewards to them . These were the Principals in delivering the Queen , there were many others also that fell in with their Party , whom either domestick Necessity , private Grudges , desire of Revenge , Hope of bett'ring their Fortune , or else Propinquity or Obligation to those above nam'd , did draw in and engage . In this troublesome state of Affairs , the Regent was equally unmoveable against the Intreaties of his Friends , and the Threats of his Enemies , tho he knew , by the publick Libels , which they posted up and down , the Cause of their hatred , and their desire of Revenge : And tho some Astrologers , not unacquainted with the Plots design'd against him , did foretel , he should not live beyond such a Day ; yet he persisted in his purpose , often saying , That he knew well enough , he must die one time or other ; and that he could never part with his Life more nobly or creditably , than by procuring the publick Tranquillity of his Native Country . And therefore , first , he summon'd a Convention of the Estates at Glasgow , whither the Lennox Men , the Renfroans and the Men of Clydsdale , were commanded to come , and whilst he was busied there , in the Administration of Justice , and in the punishment of Offenders , the Plot , so long agitated , for the Deliverance of the Queen , took effect . The manner of it was This. In the Castle , that the Queen was kept in , in Lough-Levin , there was the Regent's Mother , and his 3 Brother 's by another Father , with abundance of other Women ; yet , none were admitted to visit the Queen , but such as were well known ; or else , that came by the Regents Order . Of these domestick Attendants , the Queen made choice of George Douglas , as fittest for her Purpose ; He was the Regent's youngest Brother , a young Man , ingenious enough , and , by reason of his Age , apt to be impos'd upon by female Inticements ; He , being something familiar with Her , on pretence to attend her in such Sports , as Courts , at idle times , refresh themselves withal , undertook to corrupt some of the common Servants of the Castle , by Gifts and Promises ; and She , having intrusted him therein , would not deny any thing to such a Person , from whom she expected her Liberty ; George then , having a promise of Indemnity from her for himself , and his Partizans , and being excited with the hopes of great Wealth and Power for the future , not without the Consent of his Mother , ( as was verily thought ) acted all that ever he could to bring the thing about . And tho some Persons did smell the Design , and acquainted the Regent therewith , yet he put such a confidence in Those he had plac'd there , that he chang'd none of the old Guard , only George himself was commanded out of the Island ; whereupon , he departed to the next Village , on the edge of the Lough ; where , having before corrupted the Officers of the Castle with Mony , he had , in a manner , a freer Communication with the Queen , by Letters , than before ; whereupon , there were not only those Scots admitted to a partnership in the Plot , who were discontented at the present State of things , but the French were associated too , by Iames Hamilton , who had been Regent some Years before ; and by Iames Beton , Archbishop of Glasgow ; the Scots were to do the Work , and the French to pay the Wages . About the end of April , an Embassador came from France , and , in the Name of his King , desir'd leave to visit the Queen , which , if he did not obtain , he pretended , he would presently depart . The Regent told him , 't was not in his Power , That the Queen was not made Prisoner by him , neither could he determine any thing in the Case , without advising with Those who had first committed Her , and with Others who had afterward confirm'd by an Act of Parliament , what was done ; Nevertheless he would gratify his Sister , and the King his Ally , in what he could , and would call an Assembly of the Nobles , the 20 th of the next Month in order to that End. With that Answer the Embassador was somewhat pacified , and the Regent went on in his Judicatories ; Whereupon the Queen , having brib'd the Master of a Vessel , Her other Companions being sent about sleeveless Errands , was brought out of the Lough ; Her escape being told to those that were then at Dinner in the Castle , they made a great stir , but to little purpose , for all the Boats were haled a Shore , and their Loop-holes , to put out their Oars , were all stopt up , so that no speedy Pursuit could be made . There were Horsemen expecting the Queen on the other side the Lough , who carried her to the several Houses of the Partizans in the Design , and the Day after , which was May the 3 d , she came to Hamilton , a Town 8 Miles distant from Glasgow ; when the thing was nois'd abroad , many came in to Her , some distrusting the King's Party , which they look'd upon as not very strong ; Others in hope of Favour from the Queen ; and some , in confidence of a Reward for their old Services , in this Tumult , discover'd their Minds ; and part of them , having obtain'd Pardon for what was past , expecting the Event of Fortune , were but loose Adherents to the Regent . The Defection of others , was not so much wondred at , but the revolt of Robert Boyd , who , till that very Day , had obtain'd a great opinion for his Constancy , afforded matter of Discourse ; He , being brought up on the ruins of a Noble Family ( as I said before , in the life of King Iames the 3 d , ) parsimoniously and meanly under his Father , a valiant Man , and emulous of the ancient Frugality , follow'd the same course of Life , as the rest of his Kin did , viz. by applying himself to richer Families to make way to repair his own , lately flourishing , but now decaying one , to their ancient Estate and Dignity . Whereupon , his Father and He first apply'd themselves to the Hamiltons , who were than uppermost . And when their Regentship was laid down , and the chief Magistracy settled in the Queen Dowager ; and Controversies about Religion began to arise , he join'd himself to the Reformers , to which his Father was most averse . That Faction was accounted the most potent , to That he adher'd , till the Queen's coming out of France ; yea , he grew very renown'd for his Constancy , Fortitude and Prudence ; So that Gilespy , Earl of Argyle , was so taken with him , that he did almost nothing without his Advice . But , when some of the Nobles had associated at Sterlin , not for any Treasonable Project , but only to defend the King , he , indeed , subscrib'd the League too ; but , with great Levity , both himself , and Argyle , who was guided by his Counsel , discover'd the whole Intrigue to the Queen . From that time forward , Boyd sided with the Queen , in all her Designs against his old Friends , being well reputed of on that side ; but by those , he deserted , he was accounted a Turn-coat , and an inconstant Person . When the Queen was committed to Prison , Boyd apply'd himself to Murray the Regent , and was so well respected by him , for his industrious Ingenuity , that he was admitted into his Cabinet-Council ; and tho several Opinions past upon him by others , yet he was in high Favour with the Regent at Glasgow in his Juridical Processes ; but when he perceiv'd it was like to come to Blows , he went off privately to the Queen , and from thence sent a Letter to the Earl of Morton , by his Son , excusing his Departure , and alleging , he might probably do the Royalists as much Service , there , as if he had staid with them . His revolt , by reason of the good Opinion many had of his Conversation and Manners , gave great occasion of Discourse . In the mean time , the Regent had an hot Debate in Council , Whether they should stay , where they were , or else , go to the King at Sterlin ? A great many were of opinion , that 't was better to depart , and they urg'd Arguments for it ; as , that Hamilton was a Town near them , full of People , and all the Clanships of that Family lay round about it : Besides , the Queen had with her 500 Horse , and it was reported , many more were making towards her from remoter Parts ; whereas , with the Regent there were only a few of his own Friends , the rest having ran away to the Queen , or gone privately home , about their own Affairs , as if all things had been quiet ; and , tho the Citizens of Glasgow were faithful enough , as being provok'd by the many and great Injuries they had receiv'd from the Hamiltons , when in Power ; yet the Town it self was large , not very Populous , and every way approachable . On the contrary , Others reason'd , That all depended on the first Beginning of things ; That his departure would be Dishonourable , and look like running away ; That all Suspicion of fear was then principally to be avoided , for they should heighten their Enemies thereby , and discourage their Friends . On the one side , there were the Cuninghams and the Semples , potent Families ; On the other side , Lennox , the King 's peculiar Patrimony , from whence the next Neighbours might presently come in , in a few Hours ; the rest , the next , or , at furthest , the Day after ; In the interim , till further Aid came , they had strength enough , especially being assisted by the Townsmen . This advice prevail'd in Council . The French Embassador posted betwixt both Parties , rather as a Spy , than a Peace-maker , which yet he pretended to be ; for , perceiving , that there was but a small Force at Glasgow at first , and an Appearance of a great Multitude at Hamilton , he earnestly excited the Queen to put it to a Battel , presently . The Regent had gathered a party from the Neighbourhood , and expected those further off from Merch and Lothian ; there came in about 600 Horse , choice and resolute Men ; he gave them one day to refresh themselves in , and then determined to march out to Hamilton , and to engage the Enemy immediately ; for he believed , Delay was dangerous for him , and advantagious to the Enemy , whom the remote Parts of the Kingdom favour'd most . Two days after , he was inform'd , That , about the third Watch , the Enemy was drawing together from all places , where they quarter'd ; they trusted to their Number , being about 6500 fighting Men , and they knew the Regent had scarce 4000 ; but they resolved to march by Glasgow , and to leave the Queen in Dunbarton-Castle , and so either to fight , or lengthen out the War , as they pleased ; or , if the Regent should be so bold as to stop their Passage , which they believed he durst not do , they would then fight , and were confident they should beat Him. But he , having determined to urge them to fight before , as soon as ever he could , drew out his Men into the open Field before the Town , the way that he thought the Enemy would come , and there waited for them in Battel-array , for some Hours : But when he saw their Troops pass by the other side of the River , he presently understood their Design , and commanded his Foot to pass over the Bridg , and his Horse to ford over the River , which they might do , it being low Water , and so to march to * Langside , which was a Village by the River Carth , where the Enemies were to pass , scituated in the Foot of an Hill , respecting the South-West ; on the East and North , the Passage was steep , but on the other side , there was a gentle Descent into a Plain , thither they hastned with such Speed , that the Royalists had neer possest the Hill , before the Enemy , who aim'd at the same place , understood their Design , though they march'd thither by a nearer Cut ; But the Royalists met with Two Advantages , which was a great Discouragement to their Enemies ; One , that Gilespy Cambel , Earl of Argyle , who commanded in chief , fell suddenly down from his Horse sick , and by his Fall , much delayed the March of his Party . The Other , that their Forces being plac'd here and there , in little Vallies , could never see all the Royalists at once , whose Paucity ( as indeed , they were not many ) made the Enemy to despise them , and the Disadvantage of the place , too . At last , when the Queen's Forces drew nigh , and saw the Ground which they aim'd at , possest by the Enemy , they went to another little Hill over against them , and there divided their Party into two Bodies : Their chief Strength they plac'd in the First ; if they had overthrown their adverse Party there , they knew , the rest would be dismaid at their Flight , and so they should overcome them without Fighting . The King's Party also divided themselves into Two Wings ; Iames Douglas Earl of Morton , Robert Semple , Alexander Hume , Patrick Lindsy , each with his Clanship , were placed in the Right . In the left , stood Iohn Earl of Marr , Alexander Earl of Glencarn , William Earl of Menteith , and the Citizens of Glasgow . The Musqueteers were in the Village and Gardens below , near the high Way . Both Armies thus placed in Battel-array , The Queens Cannoneers and Foot were driven from their Posts by the King's Forces ; on the other side , the King's Horse being fewer in Number , were beat back by the Enemy ; after they had performed that Service , they endeavoured also to break the Battalions of Foot , in order whereunto , they charg'd directly up the Hill , but were beat back by the King's Archers , and by some of those , who after their Rout , had rallied again , and joined with the rest of their Body : In the mean time , the left Wing of the Enemy march'd by the High-way , where there was a rising Ground , lower down into the Vally , where , though they were galled by the King's Musqueteers , yet passing by those Straits , they opened and ranged their Body ; there 't was , that the two Battailions held out a thick Stand of Pikes , as a Brest-work , before them , and fought desperately for half an Hour , without giving Ground on either side ; insomuch that they , whose long Pikes were broke , threw Daggers , Stones , Pieces of Pikes or Lances ; yea , whatsoever they could come by , into their Enemies Faces : But some of the hindermost Ranks of the King's Forces , being flying away , ( whether for Fear or Treachery is uncertain ) no doubt , their Flight had much disordered those who stood to it , unless the Ranks had been so thick , that the formost well knew not , what the hindmost did : Then they , which were in the second Battailion , taking notice of the Danger , and perceiving no Enemy coming to charge them , sent some whole Troops to wheel to the Right , and to join with the first ; whereupon , the adverse Party could not bear their Charge , but were wholly routed and put to Flight ; many were so inrag'd with Wrath and Hatred against them , that there had been a notable Slaughter in the Pursuit , unless the Regent had sent out Horse several ways , to forbid the Execution : The second Squadron of the Royalists stood so long , till they saw the Enemy scattering and flying in a disorderly manner ; then they also brake their Ranks and pursued . The Queen stood about a Mile from the Place , to behold the Fight ; and , after the Discomfiture , fled with some Horsemen of her Party , who had escap'd out of the Battel , toward England ; the rest ran away as they could , each to his own home : There were but few slain in the Field , but more fell in the Pursuit , being wearied and wounded , all along the High-ways and Fields . The Number of the Slain , was about 300 , but there were more taken Prisoners . Of the King's Forces , there were not many wounded , of the chief Commanders , none but Alexander Hume and Andrew Stuart , only one Man was slain ; the rest of the Army , besides a few Horse-men , who followed the Pursuit very far , returned joyfully into the Town ; where , after giving Thanks to Almighty God , for prospering their just Cause against a double Number of their Enemies , and for giving them , in a manner , an unbloody Victory , mutually gratulating one another , they went to Dinner . This Battel was fought May the 13 th , eleven Days after the Queen's Escape out of Prison . The French Embassador expected the Event of the Fight , and promis'd himself a sure Victory on the Queen's side ; but being thus disappointed of his Hope , he put off his Vizard , and without taking his Leave of the Regent , to whom he pretended he was sent , got a Party of Horse to guide him ; and , with what Speed he could , made for England . In the way he was robb'd by Moss-Troopers ; but Iames Douglas Laird of Drumlanerick , though he knew he was of the Enemies Party , yet deferr'd so much to the Honour and Name of an Embassador , that he caus'd his Goods to be restored to him . The Regent spent the rest of the Day of Battel , in taking a List of the Prisoners ; some he discharged gratis ; others , upon Sureties ; the chief Commanders were retained , especially of the Hamilton's Family , and sent to Prison . The Day after , knowing how much that Sept was envied in the Neighbourhood , he took only 500 Horse , commanding the rest of the Army to abide in their Quarters , and went into the Vale of Clydisdale , where he found all Places naked and desolate , the Inhabitants being run away , as rather conscious to themselves what they had deserved , than confiding in the Regents Clemency , of which yet they had Experience before , he took in the Castles of Hamilton and Draffin , which were naked Places , only in Hamilton-Castle , some of the Houshold-Stuff of King Iames the 5 th was found . The same Fear and Terror drove the Queen into England too , either because she thought no Place in that Part of Scotland safe enough for her ; or else , because she durst not trust Iohn Maxwel of Herreis . When the Regent had setled all things , as well as he could at present , he summon'd an Assembly of the Estates to be held at Edinburgh in the Month of ..... The adverse Party plotted many Ways to hinder it : Rumors were spread abroad of Aid from France , neither were they altogether without Ground : For some Troops were drawn down to the Sea-side , under the Command of the Earl of Martigues , a stout Man of the Luxemburgh's Family , to be transported with all Speed into Scotland ; and they had been so , unless the Civil Wars had on a sudden broke forth in France . But that Assistance would not have been so prejudicial to the Regent , as his Enemies thought , for it would have alienated England from them , and engaged It to him . Moreover , Argyle with 600 of his Clanship came to Glasgow , there he had a Conference with the Hamiltonians , and other Leaders of the Faction , to hinder the Convention , but finding no way to do it , they went every Man severally home . Huntly also had gathered together a thousand Foot , against the Day of the Parliaments Sitting , he came as far as Perth , and there perceiving that the Fords of the River Tay , were guarded by William Ruven and the Neighbouring Nobility , who remained Loyal to the King , he retired without doing any thing to Purpose . About the same time , there came also Letters from the Queen of England , obtained by the Intercession of the adverse Party , to the Regent , to put off the Parliament ; she desired , that Judgment might not be hastned concerning the Rebels , till she were made acquainted with the whole Cause ; for she could not well bear the Injury and Affront , which the Queen , her Neighbour , and near Kinswoman , did pretend she had received from her Subjects . Tho the Request was but small in it self , yet , if it should have been granted , at the Instance of the Rebels , they might have thought to have carried all ; either because such a Trifling and Delay seem'd to hearten them , and weaken their Enemy , especially seeing it might argue a Fear in the Royalists ; and also , that they , in the mean time , resolv'd to Indict a Convention in the Name of the Queen . But the Regent , being sensible of what great Consequence it was , to have the Parliament to sit ; yea , though all the Force of the Enemy had combin'd against it , resolved to keep his Day : In that Parliament , there was a great Debate , Whether all those who had took Arms against the King , and afterward had not obtained their Pardon , should be condemn'd as Traitors , and have their Goods confiscate . But William Maitland , who favoured the Rebels , but covertly , obtained , that only a few of them should be condemn'd at present , as a Terror to the rest ; and a Door of Clemency should be opened to others , if they repented . That Procedure did wonderfully incourage the Conspirators , and increas'd their Obstinacy , in regard , they saw , their Punishment was deferr'd , and they were verily persuaded , that the Queen of England being their Queen's Neighbour and Kinswoman , nor the Guises , who then were very powerful in the French Court , nor the French King himself would suffer such an Encroachment to be made on the Royal Authority ; yea , if they should be deserted by them , yet they were not so weak of themselves , as not to be able to maintain their Cause without foreign Aid , as being superior in Number and Power ; so that nothing was wanting to the Victory , but the empty Shadow of the Royal Name , which was ( said they ) usurped by Force . In the mean time , the Regent minded only the publick Peace ; some of the Neighbouring Offenders he fined in small Sums , and so took them into Favour ; the Earl of Rothes , by his Friends Intercession , was banish'd for three Years ; as for the rest , he daily , by Correspondents , solicited them to repent and come in ; but perceiving , That many of them were obstinate , and inclined to Revenge , he levied an Army , and march'd into Annandale , Niddisdale , and lower Galway , where he took some Castles , and put Garisons into them ; others , whose Owners were more refractary , he demolish'd , and in a short time , he would have ran over the whole Country , unless Letters from the Queen of England had interrupted the course of his Victories . She was persuaded by the Exiles , That the Queen of Scots had receiv'd much Wrong ; That her ill-affected Subjects had laid unjust Imputations on her , and That she would not suffer the Royal Name to grow so cheap , or Majesty to be so contumeliously used , as to be exposed to the Wills of seditious Persons . That the Wrong of this great Wickedness redounded only to One , but the Example to All , and therefore , she desired , they would apply some speedy Remedy , that the Contagion of dethroning Princes might not spread further . Having made a great Harangue in her Letters to this purpose , against the Avengers of the King's Murder ; she desired of the Regent , That he would send Commissioners to her , to inform her in the State of the whole Matter , and to make Answer to those , either Crimes or Reproaches , which were cast upon , and alleged against himself . This Demand seemed very grievous and offensive , That things , already judg'd , should be called again in Question , to a new and hazardous Trial , and that before foreign Princes , who are oft-times emulous , if not Enemies , and their Minds already prepossess'd by Adversaries ; yea , for a Man , as it were to plead for his own Life , before a foreign Judicature , though the Case was dangerous and hard , yet many Arguments induc'd him to accept of the Proposal , though never so unequal . Abroad , the Cardinal of Lorrain , the Queen's Uncle , rul●d all in France ; and at home , a great part of the Nobility conspired in behalf of the Queen ; and if the Queen of England were disobliged too , then he should have no Force to withstand so great Difficulties . Being thus resolved to send Embassadors , he could not tell , Whom to pitch upon : The chief Nobles declining the Employment : At last , the Regent himself resolved to go , and chuse Companions to accompany him , amongst whom was William Maitland , though much against his Will ; but the Regent , knowing him to be a factious Man , and inclinable to the Queen's Party , did not think it safe to leave him behind , whilst things were in such a doubtful Posture at home ; and therefore he persuaded him , by great Promises and Rewards , to accompany him , not doubting but to overcome his avaritious Mind with Largesses and Gifts ; the rest went willingly along : The chief were , Iames Douglas , and Patrick Lindsy of the Nobles ; of the Clergy , the Bishop of the Orcades , and the Abbat of Dumfermlin ; of Lawyers , Iames Macgil , and Henry Balnavey ; to whom he added a Ninth , viz. George Buchanan . Though these difficult Circumstances did attend him , yet Two things relieved his Thoughts , One was , the Equity of his Cause ; the Other , the last Letters he received from the Queen of England , gave him Assurance , that , if the Crimes objected against the Queen of Scots were true , she held her unworthy to hold that Scepter any longer . The Regent was a little heartned by those Letters , and with above a 100 Horse in his Company , he began his Journy , though he had certain Intelligence brought him , that the Earl of Westmorland , at the Command of the Duke of Norfolk , watch'd to intercept him , before he got to York ; yet October 4. he came to York , the Place appointed for the Conference , and , the same Day , and almost hour , Thomas Howard , Duke of Norfolk , entred the City , also . The reason , why an Ambush was laid for the Regent , was , because the Duke , by secret Correspondents , was dealing with the Queen of Scots to marry her ; and therefore , that the Suspicion of the King's Murder might be more easily taken away , she resolved , if the Regent were slain , to return home ; and also to take and suppress the Letters she had wrote to Bothwel , containing a manifest Discovery of the Plot : but , because the Duke was so near , she could not so accomplish it , as that he also might not be aspersed with the Infamy of so cruel a Murder ; and therefore the Plot was deferr'd till another time . Besides Norfolk , there were appointed Two other Commissioners by the Queen of England , to determine the Controversies of the Scots , the Earl of Sussex , who inclined to Howard's Party , as 't was commonly reported , and Sir Ralph Sadler , an indifferent and equal Person . Within a few days , there came Messengers from the Queen of Scots , to complain of her disobedient Subjects , and also to desire leave of the Queen of England , to return home , without Delay ; they had their Hearing apart from the Regent , and his Attendants : First , they Protested , that they came not before them as Judges , that had a lawful Superiority over them ; then they made a long Harangue , What Wrong the Queen had received from her Subjects ; and after , desired of the Queen of England , that either she would persuade her ungrateful Subjects to admit their Prince ; or , if they refused , then she would supply her with an Army , to force them so to do . After some few Hours , the Regent was heard ; He stood upon the Equity of his Cause , before indifferent Judges ; He pleaded , that the Royalists had done nothing , but according to the ancient Laws and Customs of their Nation , and that , in full Parliament , ratified and approved ; and that he being a single Person , with those few with him , could not abrogate any thing which had been enacted by common Consent of all the Estates in Parliament . But when the English Commissioners told them , they could not be satisfied with those Statutes made at their Parliaments at home , and now produced , unless withal they produced the Reasons , which moved the Nobles to such a severe Judgment against the Queen : The Regent was unwilling , as much avoiding to divulge the foul Offences of the Queen , being his Sister also , and that amongst Foreigners , who were forward enough to hear them , and therefore denied to do it , unless upon these Terms , That , if he made good the Charge against the Queen , that she killed her Husband , then the Queen of England should stipulate and promise to defend the young King's Cause , and take him as 't were into her Protection . But when the English Embassadors told them , that they had only a Commission to hear the Demands of both Sides , and so to lay the whole Matter before the Queen . The Regent again urg'd them to obtain such a Promise from their Queen , or else that they themselves should get a Commission , fully to decide the Controversy ; if they would do That , he promised , that unless he did evidently make it appear , that the King was slain by his Wives Means , he would not deprecate the Punishment due to the most heinous Offence . The Commissioners wrote to the Queen to know her Mind herein ; who returned Answer , That the Scots of the Royal Party should send one or more of their Number to her Court , who might fully acquaint her with the Merits of their Cause , and then she would consult , what was fit for her to do . Whereupon the Regent sent William Maitland , on whom many sinister Opinions did daily arise , and Iames Macgil , not so much to be his Assistant in publick Business , as to observe , what his Actions were . The Causes which made Maitland suspected were These , amongst many others : Before his Journy into England , though he mightily endeavoured to conceal his Designs , yet by his Words and Actions , and further , by his great Familiarity with the Men of the adverse Party ; but more clearly yet , by Letters , he sent to the Queen , which were intercepted , they could not be hid . In those Letters he endeavoured to persuade the Queen , that his Service might yet be useful to her , using the Example of the Lion , as 't is in the Fable , who , being taken in a Net , was freed by such mean Animals as Rats . And after he came to York , there was scarce a Night , wherein he did not meet with the chief Embassadors of the adverse Party , compared Notes with them , and acquainted them with the Designs of the Regent . The Regent did not forbid those Meetings , knowing , he should do no Good thereby , only then they would meet more secretly . Though these were manifest Evidences of his Treachery , yet casually there happen'd an undeniable Demonstration thereof . Norfolk , and He , went abroad , pretendedly to hunt , where they had much Discourse concerning the whole Affair , and came to this Agreement amongst themselves , to spin out the matter , if 't was possible , and so to delay it , that , at last , nothing might be done , and yet the Cause not seem wholly deserted , neither . For , by this means , the Regent must depart , without effecting what he came for ; or else , some Commotion at home would inforce him so to do , and then other Remedies might emerge , in time : For Norfolk was then designing a Civil War , how to take off the One Queen , and to marry the Other . Maitland inform'd Iohn Lesly , Bishop of Ross , herewith , one intimately acquainted with all the Queen's Affairs , who accordingly inform'd his Mistress , by Letter , how the Duke would have her write to Court , what Course to steer for the future ; and tho her Cause went but slowly on , yet that Delay should not hinder her from expecting a good Issue thereof . The Queen having read those Letters , laid them by , as loose Papers , so that they came to be read by diverse others ; and , from hand to hand , were , at last , brought to the Regent , who , by them , discovered the main of his Adversaries Design against him ; as for Maitland , he had experimented his Perfidiousness many times before . When the Embassadors , before-mentioned , came to the Queen at London , She , and her Council , thought it best , that the Regent himself should come up , and so dispute the Controversy , by word of Mouth : Whereupon , he dismiss'd part of his Retinue , and , with the rest , went to London ; but there he met with the same Difficulty as he had done at York ; for he refus'd to enter upon the Accusation of the Queen , and his Sister too , unless , if he prov'd her Guilty , the Queen of England would take the Scots King's Party into her Protection ; if she would do That , he would begin the Accusation immediately , upon the same Terms , as he had propounded to the Delegates at York . Whilst these things were acting in London , the Queen of Scots , by means of Iames Balfure , endeavoured to raise Commotions in Scotland ; and that she might more easily accomplish her Designs , she wrote Letters to all the Exiles , and to Bothwel's Friends , to contribute all their Endeavours to infest the contrary Faction by Force of Arms : And , besides , she created Lieutenants through all the Kingdom , to whom she gave even Kingly Power . And moreover , she caus'd Rumours to be spread abroad , That the Regent , and his Companions , were committed Prisoners to the Tower of London ; and foreseeing , that Lie could not be long believed , she devis'd another , ( i. e. ) That the Regent had promis'd to subject Scotland to the Crown of England ; and , That he was to give up the King , as a Pledg thereof . 'T is thought , her Design herein , was , That , whereas she had promis'd the same things by her Commissioners ; and the English look'd upon it , as a Vanity in her , seeing She had no power to perform it ; yet she was willing to possess the Minds of the Vulgar with an Untruth , and so to raise up Envy against the Regent ; and , if she could not avert the whole Reproach from her self , yet , at least , she would have her Adversaries bear a Part with her , therein . When the Regent saw himself in these Straits , he resolv'd to end the Matter , as well as he could , and so to return home : Whereupon , at the earnest Sollicitation of the English , who desir'd to know the Causes of the Proceedings in Scotland , ( without which they could determine nothing ; ) he also , being desirous to satisfy the Queen of England at that time , whom he could nor offend , without great prejudice to his Cause ; and , being willing also to return home to extinguish the Civil War , then appearing in its first Rise , neither of which he could well do , unless the Queen of England was his Friend , or , at least , not his Adversary ; induc'd by these Motives , He first protested before the Council of England , That 't was not willingly , but by the importunity of his Enemies , that he was compell'd to accuse his Queen , and she his Sister's Son too , of so horrid a Crime ; that he did not do it out of a wanton humour to accuse , but out of necessity to clear himself ; for he was very unwilling to discover those things , which he wish'd , if possible , might be cover'd in perpetual Oblivion ; and therefore , if any Reflection were made on what he did , the Envy ought deservedly to light upon Those , who would not suffer him to be like Himself , that is , to obey his Prince chearfully , when Good ; and to reprove Him , or Her , against his Will , when she was Evil ; only he desire one Thing , That the Queen's Proxies , who had inforced him to that Dispute , might be present to hear the Crimes objected ; that so , if they were false , they might disprove them before the Council ; and that he himself , in many weighty Matters , might also make use of their Testimonies . The Queen's Commissioners refus'd this , as putting little Confidence in their own Cause , and insisted only on this one thing , That the Queen , who was , by Force of Arms , ejected , might be restor'd : Whereupon , a Day was appointed for the Regent to shew Cause , why the Revengers of the King's Murder had taken up Arms , ( for he himself was then in France , ) and had ejected the Queen from her Government , and acted other things , as , till that time , they had done . When the Time came , he declar'd the Order of all Things , as they had been acted , and the Testimonies of the Partisans of the King's Murder , made before their Deaths ; and also the Statute of Parliament , to which many of the Regent's Accusers had subscribed : And when the Silver Cabinet was produc'd , which the Queen had given her from her former Husband Francis , and had bestow'd on Bothwel , in which were Letters to Bothwel , writ in French , with the Queen 's own Hand , and also a French Poem , not unelegantly compos'd by her ; and also the Manner of the King's Death , and , after his Death , her Surprize , and three Contracts of Marriage with him , the One before the Parricide , written with her own Hand , wherein , as by a Bill , she promises to marry him , as soon as ever she was freed from her former Husband : The Other was , before the Divorce from his former Wife , writ by Huntly's Hand : The Third was openly made , a little before the Marriage . When all this was produc'd , seen , and read before the Council : The whole Fact was so plainly expos'd , that now no Doubt could be made , Who was the Author of it . Though the Queen of England could not but believe these Discoveries , yet she did fluctuate in her Mind ; on the one side , there was Emulation , Queens mutually hating one another ; there were also such great Crimes , and such evident Proofs , that the Queen thought her Kinswoman of Scotland deserv'd no Assistance to restore her : And , though her Mind did incline to that which was right , yet 't was shaken , and did hesitate , upon the remembrance of her former State , not without a Commiseration ; and besides , the Majesty of Kingly Honour , and a Fea● , lest the Example of driving out Princes might creep into the Neighbour-Kingdoms , wrought much upon her : Besides , she was afraid of France , for the Peace with them was not very sure or firm ; and then especially , the French Embassador did plead the Cause of the banish'd Queen daily . The Spanish Embassador was desir'd also to interpose his Mediation ; but the foulness of the Crimes did so deter him , that he refus'd to meddle therewith . Whereupon , the Queen of England , that she might leave a Door for Repentance , if Matters should succeed amiss in France , and not cut off all occasion of gratifying them , gave a middle Answer , so tempering it , that at present she said , She saw no cause to the contrary , but that all things had been acted according to Law and Justice in Scotland ; yet , as if she deferr'd the compleat Decision till another time , she desir'd , that seeing intestine Tumults did recal the Regent , he would leave here one of his Retinue in his Place , to make Answer to those Crimes , which might be objected against him in his Absence . But the Regent , who saw the Matter to be so put off , that That Queen might take her Measures to give Sentence for her own Advantage , and the Event of foreign Affairs , left no Stone unturn'd , that he might have the Cause fully determin'd , now ; and therefore he desir'd , as most just and equitable , that if his Enemies , who had long studied before-hand to accuse him , had any thing to allege , they would now produce it , and not watch an Opportunity to calumniate him in his Absence , seeing they refus'd to cope with him face to face ; he was not ignorant , what Rumors his Enemies would cause to be spread amongst the People , and what they had already said to some of the Council , and to the French Embassador ; and therefore , he earnestly desir'd of the Council , to command them not to mutter privately , but to declare openly , what they had to say ; and that he would not make such haste home , but that , though it were much to his own Damage , and the Publicks , yet he would willingly purge himself there , in presence . Whereupon , the Commissioners of the banish'd Queen were sent for , and demanded , If they had any thing to allege against the Regent or his Companions , in reference to the King's Murder , they should produce it . Their Answer was , They had nothing at present , but they would accuse them , when they were commanded by their Queen . The Regent answer'd , That he was always ready to give an account of all the Actions perform'd by him ; neither would he shun either Time or Place so to do ; ye● , seeing the Queen began that Accusation of him , he desir'd of his Accusers , there present , That if any of them had the least Objection against him , they would then declare it ; for 't was much more noble and handsom to produce it , before so illustrious an Assembly , than , in private Cabals , to nibble at his Fame , in his Absence : They also refused This. Whereupon , the whole Council cried out upon them , and , in a manner , reproach'd them , so that they were compell'd , singly and severally , to confess , That they knew nothing of themselves , why Murray , or any of his , should be accus'd of the King's Murder . Then , after a long Dispute , pro and con , the Council was dismiss'd , and from that time , there was never any more mention made of accusing the Regent , or any of his Companions . Whilst the Regent was thus necessarily detain'd in England , on a publick Account , the Queen's Faction turn'd every Stone , both at Home and Abroad , to make Disturbances , but without effect . Iames Hamilton , who had been Regent some Years before , seeing that Things went not according to his Mind at Home , had gone long before into France ; there he had but a few Companions , but lay privately , with a Servant or Two , to attend him , free from the hurry of all Publick Business ; but when the Queen of Scots was escap'd out of Prison , overcome in Battel , and then fled for England ; The French , knowing that Murray was call'd Home , into his own Country , and , in his Passage through France , not being able to work him over to their Party , in regard they could not send Men , or Mony , to Scotland , to raise Disturbance there , by reason of their own Commotions at Home ; they therefore thought it most advisable , to set up Hamilton , in an emulating competition with him , especially at that Time , when the Regent , with part of the Nobility , were absent , and out of the way . He was therefore drawn out of his Privacy , and accommodated with some few Pistols , and larger Promises . In his return thro' England , his Friends persuaded him , That , in regard the Queen of Scots , with her Faction , favour'd him , and the Queen of England was not averse from it , he would deal with her , to persuade Murray , by her Authority , to resign his Regency to him , in regard , that Office , by the Law , and Consent of almost all Nations , and especially by the Custom of their own Country , was due to him , as the next in Blood and Heirship : Neither ( said he ) was there any great need to make a laborious search into the Records of Ancient Times , for This ; wherein they might easily find , That Governors were always appointed to their Princes , when under Age , out of the next of Kin ; as when Iames the 3 d died , in the absence of Iames the 1 st , his Uncle Robert manag'd the Government , and his Son Murdac succeeded Robert : And of late Times , Iohn , Duke of Albany , was made Governor to King Iames the 5 th , whilst he was under Age : Yea , Hamilton himself had been Regent , some few Years , before Mary , now Queen , was of Age , fit to Govern , or Marry ; and how he was not excluded from that Office , by any lawful Suffrages , but unjustly by the Rebellious ; and that which increas'd the Indignity , was , That it was done in Contempt of the Blood Royal , and a Bastard set up in his Room ; but if the Honour were restor'd to him , in a very short Time , all Domestick Tumults would be quieted ; and the Queen , even without Blood , would recover her Crown and Dignity , again . Whereunto the King's Embassadors answer'd , That Hamilton desir'd a Thing , not only contrary to the Lavvs and Customs of their Ancestors , but , if the consideration of the Law vvere omitted , yet 't was very unjust in it self ; for our Ancestors ( said they ) by reason of the Slaughters of their Princes by their Kindred , for 1300 Years ago , did vvholly change the Method of their Assemblies in making a King : For , as before , in the Family of Fergus , our first King , after the King's Death , it was not the next of Blood , but he , that was most fit , was chosen King , by Suffrage : So , Kenneth the 3 d , that he might take away all Plots against Princes , by those of their Blood , and also might prevent the cruel and bloody Emulations of their Kindred amongst themselves , made this Decree of Succession , that now is , for the next of Blood to inherit . And Men , by Experience , finding , that in so great an Inconstancy of Fortune , 't was scarce possible , but that sometimes the Right of Chief Magistracy should fall on a Child , or else , on one unable to govern ; therefore they decreed , That he , who preceded others in Power and Wisdom , should undergo the Administration of the Government , in the mean time ; and our Ancestors , observing this Course for almost 600 Years , have transmitted down a Kingdom safe to us : Thus , when Robert Bruce died , there succeeded Regents chosen by most Voices , Thomas Randolf , Earl of Murray ; Donald , Earl of Marr ; Andrew Murray , Iohn Randolf , Robert Stuart ; sometimes particular Persons , sometimes more than one , were chosen , by our publick Conventions , to that Office : So , when Iames the Second was a Child , Alexander Levingston was appointed his Governour , who was no way related to that King in Blood , no , nor a Noble Man neither , but a Knight only , more eminent for his Wisdom than his Family . And if any say , That was for want of some of the King's Line ; the Excuse will not hold ; for , at that very time , there was Iohn Kennedy , chief of his Family , his Nephew , by the Sister of Iames the First , a Man both wise and virtuous ; there were also his Uncles , Iames Kennedy , Archbishop of St. Andrews , the eminentest Person for Virtue in the whole Kingdom ; and also his Brothers , the Son of the King's Aunt , Douglas , Earl of Angus ; Archibald also , Earl of Douglas , was not excluded from the King's Line , but in Power was almost equal to him ; to be sure , he was superiour to all others ; yet none ever complain'd of the Injustice of our Assemblies in so doing . And not long after , Iames the Third had four Tutors or Guardians assign'd him , not taken on the account of Alliance , but chosen by Vote . And of late , Iohn , Duke of Albany , was sent for by the Nobility out of France , to govern Scotland , in the Minority of Iames the 4 th ; and when he came , he was setled in the Regency , by a publick Statute , enacted in a Convention of the Estates , which was not done on the account of Proximity in Blood ; for he had Alexander , an elder Brother , one perhaps inferiour to him , yet far more virtuous than Iames Hamilton , who , for a season , affected that Dignity : But , in the Absence of Iames the Fifth , Robert , his Uncle , manag'd the Kingdom . I pray , by what Right ? Was he assum'd into that Office for Propinquity of Blood ? No : Was he elected by the People ? No , nor that neither ? How was he then created ? I 'le tell you , how ; When King Robert the Third was neither , in Body nor Mind , fit to manage the Kingly Office , he set up Robert , his Brother , in his stead , and commended his Children to his Care ; David , his eldest Son , he starv'd to Death ; Iames , the younger , had been also slain , unless he had saved his Life by Flight : And , being thus setled in the Possession of the Government , his Brother dying for Grief , he kept it , without the Consent of the People in Parliament , and deliver'd it down by Hand , to his Son Mordacus . How Robert the King , that died last , stood affected towards his Brother , is very plain ; for , as when he was a dying , he abominated and curs'd him , as the Executioner of his Children ; so , certainly if he had been alive , and in Health , he would not have designed him Guardian to his Children . We are so put in mind of that time , wherein , after the Death of Iames the Fifth , he himself was made Regent ; ( as if any thing at all was legally acted , since that time . ) When Cardinal Beton endeavoured , by Fraud , to invade the chief Magistracy , he crept into the vacant Office , rather out of Peoples Hatred to Beton , than Love to Him ; being got into it , he ruled with great Cruelty and Avarice ; and , not many years ago , he sold that Magistracy , which he got by Force , and the Queen too , then committed to his Care ; therein was manifested , what Affection the People bare to him , when they preferred the Government of a Woman-Stranger before that bitter Slavery they suffer'd under him . You see then , I suppose , how this Request of Hamilton's is contrary to the Laws of our Country , and the Institutions of our Ancestors ; yea , so contrary , that for want of Arguments to maintain it , he bolsters it up only with Lies : And if there were any Custom of this kind , all Men see , how unjust it is : For what can be more unequal , than to commit the innocent and weak Age of the Prince to his Care , who either daily expects , or wishes for , the Death of his Pupil ? All whose Family hath born , and doth bear , great and lasting Enmity with the Family of the King , that now reigns . What Safeguard can there be here , in Nearness of Blood , against ancient Hatred , griping Avarice , and the precipitate Force of forestalled Tyranny ? Laodice , Queen of the Cappadocians , is reported to have slain her Sons , as they came to Age , thus buying out , or , as it were , redeeming a small Stay in the Government , with the innocent Blood of her own Children . If a Mother destroy'd the Fruit of her own Womb , only to reign a little longer , What , shall we think , will old Enemies attempt ; or rather , What will they not attempt , being inflam'd to Cruelty , by the Stings of Avarice , against a Child , who is the only Remora to their Hopes of the Kingdom ? And if this Example seem old , obscure , and far-fetch'd , I will add some more Illustrious Ones , nearer hand ; Who is ignorant of what was lately acted , how that Galeacius Sforza was slain by his Uncle Lewis , though he was of Age , and married , and the Son-in-Law , too , of a most powerful Prince ? Who doth not know the Calamities , that followed upon that cruel Parricide ? The brave fertile Country of Italy was almost made a Wilderness , thereby ; The Family of the Sforza's , from whence so many valiant Men proceeded , was extinguish'd ; and the Barbarians were introduc'd into the pleasant Country , about the Po ; whose Avarice and Cruelty spoil'd all . Besides , who is there , of the Inhabitants of Great Britain , that hath not heard of the Cruelty of Richard the 3 d , King of England , against his Brother's Children ? And with how much Blood , was that Parricide expiated ? If Men that were otherwise prudent , did not fear to commit such things against their nearest in Blood , excited only by the desire of the Crown , What can be expected from him , whose Inconstancy is well known to all , and whose ill management of the Government hath already cost us so much Blood ? Whose Family , not content with the Murder of this King 's Great Grandfather , did always work Treachery against his Grandfather by the Mother's side , as long as he liv'd ; and , as for his Grandfather by his Father's side , when he could not kill him , he drove him , poor , out of the Kingdom ; his Father he brought forth as a Sacrifice to be slain ; his Mother and the Kingdom , when they could not enjoy it themselves , they sold it to Strangers , and after , by the Providence of God , she was deliver'd from that Bondage , they cast her into those Straits , wherein she now is . What Judgment the Subjects made of these things , may appear by this , That Men seem'd to themselves deliver'd from the Prison of a most miserable Bondage , and to tast the sweetness of Liberty , when they sold the Government , which they themselves , were not able to manage , to a Woman-Stranger . Upon the hearing of this Oration , the Queen told Hamilton , That his Demand was unjust , and , That she would not assist him therein ; but That she was desir'd by the King's Embassadors , not to suffer him to depart , ( in regard he plotted nothing but Sedition ) till they likewise went , themselves ; which , she look'd upon , as a just thing , and therefore had promis'd them so to do , and thereupon she charg'd him , not to depart before that time . Moreover , the banish'd Queen encourag'd her Friends with the hopes of her speedy Return ; for some Letters of hers were intercepted , wherein she advis'd them , to seize upon as many Castles and fortified Places as they could ; and so to disperse the War abroad , as far as ever they were able : Neither need they fear the noise of a Truce , or Accomodation , for , if Matters were ended that way , all the Offences of former times would be cover'd , and forgiven , under the umbrage of Peace : But , if it should brake forth into open War , the more Garisons they had , the greater opportunity would be put into their Hands , to hurt the Enemy . When the Regent had settled Matters , as well as he could , in England , and had leave to return , some Letters were produc'd , lately intercepted , from the Queen of Scots , wherein she complains , That she was otherwise treated by the Queen of England , than she her self first expected ; or , as was promis'd her , and that was done by some Courtiers , who were the Cause , That she was not sent back with an Army , as , she affirm'd , the Queen of England had promis'd Her ; but she did hope , shortly , to obtain a good issue another Way , ( for Messengers often had passed betwixt Her , and Howard , about a Marriage between them ) and therefore , she wish'd them not to be discouraged , but to increase the strength of their Party , to make a general Disturbance , and , by all the Arts they could , to hinder the Regent's return into Scotland . These Letters , being divulg'd , did affect People , severally . The Queen of England took it ill , That she was accus'd of breach of Promise ; as also , That the Conditions of the Truce , made by her means , were not kept : and therefore , being very angry and inrag'd , she remitted much of her ancient Favour to the Scot's Queen , and was more inclin'd to Equity , than before . The English , who wish'd well to the Regent , were afraid that his Enemies would way-lay him to do him a mischief in his Journy ; for in the Countries , which he was to pass thrô , there were either , for the most part , Papists , or else Thieves , inhabiting the Borders of both Kingdoms , who were all excited to hope for a sudden Change ; and 't was plain , they were dealt with to intercept him in his Return , and therefore abundance of the English Courtiers offer'd him their assistance to secure his Passage ; but he was contented only with his own Retinue , and about the 13 th of Ianuary , began his Journy : But the Queen of England , judging it to be for her own Credit and Honour , that he should return in Safety , had of her own accord written to the Commanders and the Warden of the Marches , That , when he came to places suspected , or noted for Robbery ; They should take care , that he might not be circumvented ; And they were very careful therein , for strong Guards of Horse and Foot were plac'd about the Way , so that he came safe to Berwick , and , the day after , which was the 2 d of February , he was conducted home to Edinburgh , to the great joy of his Friends ; who , in great Numbers , were there Assembled . His Enemies did hardly believe his coming at first , because false Reports had been causelesly spread , that he was shut up Prisoner in the Tower of London ; But when it was certainly known , that he was at Edinburgh : Those , who had beset the High-ways to intercept Passengers , let go their Prisoners , and slipt away Home ; So that , immediately from a turbulent Tempest , there grew a great Calm . A few Days after , the Nobles of the King's Party had a great Meeting at Sterlin , there the Transactions with the Queen of England were opened and highly approv'd , by the consent of all there Present . About the same time , Iames Hamilton , chief of his Family , came out of England , who , by a new , and unheard of , Pretence and Arrogance , was adopted , as a Father , by the Queen of Scots , and made Lieutenant of the Kingdom . He declar'd his Commission , and forbad the People to obey any , but Those substituted by him ; Whereupon , the Royalists disburst Sums of Mony to raise Forces , and to prepare to fight , if need were : And accordingly , at an appointed Day , they met at Glasgow , but seeing the Country came not in to Hamilton , according to his Expectation , by the Mediation of his Friends , Terms of Agreement were propounded , whereupon Hamilton was commanded to come to Glasgow , to acknowledg the King , as chief Magistrate : If he did That , the rest would be easily accorded ; if he refus'd , it was in vain for him to come . He , by the advice of his Friends that were with him , being forsaken by his Clanships , and terrifi'd by the near approach of his Enemies Army , resolv'd to comply with Necessity , and to promise all that was desir'd ; but when the Forces of the Royalists were disbanded , then he would consult his Advantage , at leisure . When they came to Glasgow , a Day was appointed , wherein they and their Friends should profess their Allegiance to the King , and so recover their old Estates and Honours ; In the mean time , they were to remain in Prison , or , to give in Hostages , of their Kindred , for their forth-coming . This also was added to the Conditions , That all of the same Party might come in , if they pleas'd , on the same Terms . Argyle and Huntly refus'd to subscribe to those Articles , either out of anger to Hamilton , that he had given up himself to his Enemies Hands , without asking their Advice ; or else , because they thought to obtain for themselves more easie Terms of Peace , in regard of their Power ; or else , being incourag'd by frequent Letters from England , they were easily inclin'd to That , they had most mind to . For , whilst these things were acted in Scotland , Letters came from the exiled Queen , containing large Promises , and willing them not to be terrifi'd with vain Threats , for she should shortly be with them , with a great Army . Their Minds were ready to receive this News ; and so much the rather , because the Queen was kept with a looser Guard than ordinary ; and there was daily talk of her Marriage with Howard . When Hamilton was come to Edinburgh , at the Day appointed , he eluded his Promise , by various Postulations and Pretences , making many Delays ; as , that the rest of his Party should come together , and so be all comprehended at once in one Agreement : And also , that they might send to the Queen to know her Mind ; and to this end he desir'd to defer the Matter , till the 10 th day of May. To this his plain Mockery , they answer'd , That 't was to no purpose for him to expect Argyle and Huntly , for they had declar'd , they would manage their Concerns apart . As for the Queen , 't was demanded , if she did not approve the Capitulation , what they would do . Then Hamilton answer'd ingenuously enough , but not so prudently for the time , That he was compell'd to those Conditions , by the Force and Terror of an Army , and that if he were left free to himself , he would not subscribe any thing thereof ; This their Baffle being openly discover'd , The Regent committed Hamilton and Maxwel to Edinburgh Castle . The rest of the Dispute was about Argyle and Huntly . For Argyle , whilst the Regent was in England , came to Glasgow , to consult about publick Affairs , with about 1500 Men in his Company ; Thither also came many of the neighbour Countries of the same Faction ; where they differ'd in their Opinions , and agreed in nothing , but only to disturb the Publick Peace . The Hamiltonians desir'd of Argyle , That , in regard the Inhabitants of Lennox were firm to the King's Cause , he would vex them , by driving away Preys from them , that so he might draw them , tho unwilling , to his Party ; or else , might so impoverish them , that they might not much advantage their own Party . When Argyle had communicated the thing to the Council of his Friends , not one of them favour'd his Design ; For they remembred , That for many Years , the Lennoxians had been much addicted to Argyle , and that there were many Alliances , between them . Moreover , said they , Why are the Argyle Men nearer to the Lennoxians , than the Hamiltonians , seeing they lie in the middle betwixt them Both ? why then should they put a Service , so full of odium , upon him ? Seeing it was their own Affair , principally ; let them appear first in it , and then Argyle would not be wanting ; He would be a Companion , not a Leader , in such a plundering Expedition . When that Assembly had held some Days , it was dissolv'd , without doing any thing , and Argyle return'd , thrô Lennox , which was his nearest way , without doing them any hurt ; which Moderation of his did indear him , even to the chief of the opposite Faction , and made his Pardon more easily obtainable . But Huntly had indeavour'd to break thrô Mern , Angus , and Strath-●arn , in the Regents absence , having plunder'd the Country , and prey'd their Castle , and , ranging over the neighbour Places , had appointed Crawford and Ogilby his Lieutenants about Dee ; Usurping also all the Power of a King. That Carriage of his made his Reconciliation the more difficult . These two Men , seeing their Concerns were several , had a Council assign'd , to meet at St. Andrews . Thither Argyle came first : He was easily reconcil'd ; for , that Year , and the Former , he had committed no hostile Act ; and besides , he was the Regent's Kinsman , and , from his Childhood , his great Acquaintance , and familiar Friend ; So that all he requir'd of him , was , an Oath to be Faithful to the King for the future ; which if he were not , besides the usual punishment of the Law , he did not deprecate , but that he was to be accounted the basest Person living ; the rest also were admitted into Favour , upon the same Oath , but on far different Conditions . But Huntly's Case , before his Arrival , was long debated in Council . For , whereas in England , the Marriage of the Exile Queen with Howard was carry'd on , and their coming into Scotland was privately design'd ; their Faction there did , by degrees , take heart , and incourage the Rebellious to Disobedience : For , if Matters were put into a Confusion , they thought , the new King would have an easier entrance to possess the Kingdom ; Wherefore , when they knew , That the Regent would not be persuaded to betray the King , as being his Guardian and Uncle , they endeavour'd , by all means , to abridg his Power . For , besides Those , that openly took Arms against the King , a great part of the Counsellors , did not now , as heretofore , favour Huntly in secret , but openly ; they pleaded for him , might and main , That he should be indemnified for what was past ; for that was the readiest and safest way to Agreement ; yea , 't was more creditable for the State , to heal civil Breaches without Violence , and not to proceed to forfeiture of Goods or loss of Life ; and , by this means , Peace might be obtain'd at Home and Renown Abroad . But if a military Course were taken , they must fight with a Man , who , by reason of his ancient Power , his great Alliance ; and by his many Clanships , was very formidable ; and if he were overcome , ( which yet was uncertain ) yet he might fly to the Highlands and Mountainous Deserts , or to foreign Kings ; where , out of a small spark of Disgust , a mighty flame of War might , in time , be kindled . On the other side , 't was alleged , That the War would not be so formidable , as some imagin'd . For his Father , tho he had the Report of a very prudent Man , even whilst his Force was intire , was yet easily subdued ; and therefore , this young Man , whose Power was not yet establish'd , and besides , was discourag'd by the recent calamity of his Family , was never able to bear up against all the Power of the Kingdom , and the Majesty of the Kingly Name too ; and , if he were overcome in fight ; or , if distrusting his Forces , he fled to the Mountains , there were Those , who , by the same Largesses , as he had firm'd them for his Service , or by greater , might be induc'd either to kill him , or to betray him to the Regent . For the Faith of Mercenaries is changed with Fortune , they follow the Prosperous , and forsake the Afflicted . As for foreign Kings , They esteem'd Men , according to their Power , neither were they concern'd for anothers Misery , but respected only their own Advantage . But if any King of another Kidney should be so Courteous and Merciful , as to entertain a Fugitive , and a Beggar too ; yet now , the Times were such as did cancel that fear . For England , alone , of all Europe , was the Country , which enjoy'd a flourishing Peace , and That favour'd the King's Cause ; but other neighbour Kingdoms were so busied with domestick Dissensions , that they had no time to look Abroad ; And if they had leisure so to do , yet there was some ground of Hope , That Equity would prevail more with them , than Mercy towards Exiles , who were Rebels to their own Kings , and Faithless to the Kings of other Nations ; As for the Indemnity , which , they say , will declare our Clemency ; it will rather be an Argument of our Negligence , in regard , a just Combate being declin'd thrô Fear , a War is imprudently nourish'd under a pretence of Peace , and that an unjust pretence too , which would incourage the crest-fallen Spirits of the Rebels , and weaken the chearful endeavours of the King 's best Friends . For , how do you think , will both Parties stand affected ; When the one side sees , That all is lawful for them , without present punishment , and so they hope it will be for the future ? And the other sees perfidious Enemies to enjoy the Rewards of their wicked Crimes , themselves robbed of all their Goods , and vexed with all the Calamities of War ; and whereas they expected a Reward for their Faithfulness and Constancy , instead thereof to be punish'd for their Love to their King and Country ; And therefore , who can doubt , but that , if Matters hereafter come to Arms , ( which of necessity they must do , unless this Fire be now quenched , before it break forth ) who , I say , can doubt , but that Party will be strongest , which thrives by its Wickedness , and who may do all things with Impunity , rather than the other , who must suffer all injuries offer'd to them forcibly , gratis ? And if those Inconveniencies did not attend this vain shew of Clemency ; yet , neither the Regent , nor the King himself , could lawfully so Pardon , as to give away the Goods of the Robbed to their Plunderers : If they should do that , They must lay down the Persons of Rulers , and take upon them the habit of Spoilers , too ; if such a Condition should be granted , it were much more Cruel , for People to be despoil'd of their Estates by Kings , the Granters of Indemnity , than by their very Enemies , and Toryes themselves , that robbed them . Many things having been alternately canvas'd , and alleged , to this purpose , on either side : Those which were for his Indemnity were out-voted , by a few Voices . The Regent declar'd , That , for Peace-sake , he was very willing to Pardon the private wrongs done to himself and the King ; but , for the Injuries offer'd to particular Persons , he neither could , nor would , Pardon them : But if Huntly and those Friends of his , who follow'd his Party , could make some Terms of Agreement with those they had plunder'd , he was very willing , by the Consent of both Parties , to appoint Arbitrators , who might adjust the value of the Losses . Peace , as 't was thought , being settled on these Conditions , there was another Dispute arose , seemingly small , but manag'd with greater eagerness , than before ; The Controversy was , Whether Pardon were to be given to all of Huntly's Party , promiscuously ? or , Whether every Mans Cause and Desert should be consider'd , apart ? Some were of Opinion , that , because they thought Huntly was dealt hardly with in being inforc'd to pay D●mages to the Sufferers , that it was equitable to indulge him here , and not to press so severely , as to disoblige his Followers , also : On the other side , 't was alleged , That the chief aim , in such kind of Wars , was , to dissolve Factions , and that could not be done easily , any otherwise , than if the judgment of Pardon or Punishment did reside in the Breast of the Prince alone : All Men understand , how unjust it is , to impose an equal Fine on Those , whose Offences are unequal ; and that the adjusting of the Punishment , should be left to Huntly himself , was , by no means , fit , for he ( 't was probable ) would exact the lightest Mulct from the greatest Offenders ; and would lay almost the whole Burden upon such as were least Nocent ; in regard , in imposing Punishment , he would not weigh each Man's Merit , but rather his Propensity to his Service ; and as any Man had been more fierce and cruel in the War , so he would obtain from him an higher Place in his Favour . On the other side , the lightest Offenders would have the sorest Punishment , and they , which were less active in Wickedness , should be fined for their Moderation , and Favour , towards the King. These Reasons so prevail'd with the Council , that they decreed to weigh every Man's Case apart ; and yet , that they might seem to gratify Huntly in some thing , his Domesticks were exempted , he was to lay a Fine on them himself , as he pleas'd ; But that which he most desir'd , that the Regent should not come with an Army into the North-parts , was absolutely refus'd him . Things being thus settled with Huntly at St. Andrews ; the Regent , with two Bands of Souldiers , and a great Number of his Friends , went first to Aberdeen , then to Elgin , at last to Inverness : The Inhabitants near the Town were commanded to appear , they obeyed the Summons , some paid down their Mony , imposed as a Fine on them , others gave Sureties : Huntly , and the chief of his Septs and Clanships , put in Hostages . Thus having settled the Country towards the North , being highly gratulated by all good Men , through all his March , he return'd to St. Iohnston's ; there an Assembly of the Nobility was Indicted , by reason of Letters , which Robert Boyd had brought out of England to the Regent at Elgin ; some of them were publick , some were private ; the private ones were from some Courtiers in England , containing a Relation of Howard's Conspiracy , which was so strong and cunningly laid , that they thought no Force or Policy could withstand it , no , not if all the remaining Power of Britain were united together : Therein his Friends exhorted him not to mingle his own flourishing Fortune with the desperate Estate of others , but to provide for himself and his Concerns , yet unimpair'd , apart . The State of Affairs in England compels me here a little to digress ; because , at that time , the Good and Ill of both Kingdoms were so conjoin'd , that the one cannot well be explained without the other . The Scots , a few Years before , were delivered out of the Slavery of the French by the Assistance of the English , and thereupon they observed and subscribed to the same Rites in Religion , in common with the English ; that sudden Change of things seemed to promise an universal Quietness to all Britain , free from all domestick Tumults : But presently thereupon , the Pope of Rome , with the Kings of France and Spain threatned a War , and privately managed Designs to alter things . The Pope was not wanting , by his Exhortations and Promises , to stir up their Minds already inraged ; but the Kings were not sufficiently agreed amongst themselves ; and their Forces were so exhausted , that they rather desired a War , than were able to make it . Besides , there was an Emulation betwixt them , one could not well bear , that the other should have so great an Accession as England , if it were conquered , to his Dominions . Moreover , some Disputes arose betwixt Them and their Subjects , which diverted their Thoughts from foreign Affairs , though the Novelty of a Woman's Reign , and she a young Woman too , without an Husband , gave Encouragement thereto , ( especially since those who were ill affected to her , said she was born to Henry the 8 th in an unlawful Marriage ) and also the former Differences about the Kingdom , and about Religion , were rather stifled than extinguished ; yea , the Sparks of Discontent did glow in Mens Minds , which in a short time were likely to break forth into a great Flame . In the mean time , the English Papists had made many Attempts , but in vain , for they were soon quell'd ; and though their Designs never succeeded , yet , Foreigners still feeding them only with blooming Hopes , not with real Supplies , they still persisted in the same resolute Design , wanting rather a Commander for their Numbers , than Power or Courage to come together . The Common People of that Sect had taken a View of all the Nobility , and they found none fit enough , to whom they might commit their Lives and Fortunes ; many of the most stirring , had been consumed in the Civil Wars ; many had past over to the other Party ; some were so old , that they were unfit for publick Business ; or else , the Vigor of their Minds , as well as the Strength of their Bodies , was so debilitated , that they desired Peace , if it were but a tolerable one . There was only one Man , who for Courage and Power seemed fit to undertake so great a Business , and that was Thomas Howard , who though he was of himself inclinable to Quietness , yet there were some Causes which moved him to study Innovations ; For his Father and Grand-father , though they had been highly eminent , both in War and Peace , yet , in the Storms of an unstable Court , they had been so toss'd , that their highest Glory was ballanc'd with as great Disgrace . His Father was condemn'd for Treason , and publickly beheaded ; and Two Queens , his Kinswomen , had been also put to Death ; He in those Difficulties was liberally brought up , and so preserved his Family from being quite extinguish'd , and blown up : In his very Youth , he gave a Specimen of great Prudence , and in a few Years , by the Death of his Wives , and by new Marriages , he grew so rich , that , next to the Queen , he was the most potent of the English ; for Wealth and Prudence , the rest of the Nobility yielded to him ; but as for his Skill in Military Matters he had yet given no Proof of his Valor ; but in the Controversies of Religion , he carried himself so swimmingly and ambiguously , that , tho he favoured Popery in his Heart , yet he was such a Fosterer of the contrary Party , that Many of them made sure of him , in their Thoughts , as their Own. Amids these things , the Queen of Scots was overcome in Battel and fled to England , whence she wrote Letters to that Queen , concerning the cause of her coming ; she was bid by her to retire to the House of the Lord Scroop , Warden of the Marches , till she did consider of her Demands in Council ; Scroop's Wife was Howard's Sister , and , by her Means , the Treaty of Marriage was secretly begun betwixt the Queen and Howard , and the Opportunity seemed to be offered by God himself , seeing Howard's third Wife was lately dead , and he was then a Widower . The Design was concealed , as being intrusted but to a few , yet 't was whisper'd abroad among the Common People ; For narrow Spirits cannot conceal great Hopes , but Ioy gives them Vent , and so they fly abroad . The Matter was so far advanc'd , That the Fire of a Civil War seemed ready to break out , yea , some were so confident of Success , after they had considered the Strength of the Parties , that they thought Howard might easily do what he pleased , without using any Force . Things were in this Posture , when the Scots Nobles had a great Meeting at Perth , to hear the Demands of both Queen's , both of them having wrote to them . The Queen of England's Letters proposed one of these Three Conditions . The first was absolute , That the Queen might be restored to her Throne and Dignity , as formerly . But if that could not be granted , Then , that she might reign jointly with her Son , that so she might injoy Princely Honour in Letters and publick Acts ; in the mean time , the Regency should be in the Hands of the present Regent , till the King came to the Age of seventeen . If neither of those could be obtained , then the third Condition , was , ( if the Queen could be persuaded to accept of it ) That she should live privately at home , being content with those Honours , which , saving the Authority and Majesty of the King , might be granted to her . This last Request was easily assented to , if the Queen would accept it ; But the other Two were peremptorily refused . For the better and more incorrupt Part of the Nobility were resolute in this , That they neither could , nor ought , to determine any thing , which did diminish the King's Authority , especially being lawfully inthron'd ; but the two former Heads did take off from the King's Honour , yea , it exposed his Life too , being a Pupil , unless it could be thought , that his Mother , who was known to be cruel towards her Husband , and was not well affected toward her Son neither , being exasperated by her Banishment besides , should be no more kind to him , than she had been ever before . Also the Letters from the exil'd Queen were read , wherein she desired , That some Judges might be appointed to consider of her Marriage with Bothwel ; and if 't was found contrary to Law , that she might be divorced from him . Those Letters did highly incense the King's Party , because she wrote her self as Queen , and commanded them as Subjects : Yea , some would not have had them answered at all , because they indeavoured to abridg the King of his Power , and to instate the Rule in the sole Power of an exil'd Queen ; but that Part of the Council which was for the Queen , alleged , that they wondered much , why those who had formerly , the last Year , much desired , that she would separate her Cause from Bothwel's ; now when it was freely offer'd to them , should hinder it as eagerly , ( or rather more ) as they had before earnestly desired it ; if a Word or two in the Letters did displease them , that Fault might easily be amended ; yea , some there were , who undertook ( provided the Matter of the Divorce might be handled in the mean time ) to procure a Commission from her , in what Expressions they themselves would have it : On the contrary , the adverse Party urg'd , That they saw no new Cause of such great haste , 60 days was but a lawful time for Bothwel , who was out of the Kingdom , to appear ; within which time a new Commission might be sent : Neither ought that Delay to seem long , especially to her , who had past over so great a Matter in Silence , now two Years ; and now also she had sent Letters , which were of themselves an Hindrance , why those who were willing to gratify her , could not comply with them ; but if she desired a Divorce , 't was easy to be obtained ; let her but write to the King of Denmark , desiring him to punish the Murderer of her former Husband ; if he were dead , though they all were unwilling , yet she might marry where and whom she pleased ; but if she refused This , then 't was plain , she spake not sincerely and from her Heart , but made a counterfeit Pretence of Divorce , that , if she married again , she might also live in a disputable and uncertain Matrimony , even with her next Husband , too : And hereof there was a shrewd Suspicion , because she desired such Judges to determine of the Divorce , who had no Power in the Case . For what Power could the Regent have over Exiles , with whom he had nothing at all to do , who , unless they themselves pleased , might refuse to stand to his Judgment ; or , how should they submit to anothers Judgment , who were under the Power and Dominion of other Princes ; but , seeing that there seem'd to be some hidden Fraud in the Case , a Decision was not to be hastily made , but the Queen of England was to be acquainted therewith , in whose Power it was , either to promote or hinder it . Hereupon , a Young Nobleman of the Regent's Friends was sent to the Queen of England , to acquaint her with the Acts of the Convention . Some may perhaps wonder , That seeing greater Matters were transacted with less Dispute , there should be such ado made about the Divorce : But this was the cause of it ; Howard had privately transacted by his Friends , concerning his marrying the Queen of Scots ; and the Conspiracy was so strong both at home and abroad , That 't was bruited among the Vulgar , the Design was , to take away both of the lawful Princes , and so to seize on the two Kingdoms , for themselves ; the Place , Time , and the Whole of the Design was so ordered , that all things seem'd to be secure against any Force whatsoever . The Conspirators did most insist on This , To remove what might hinder the Marriage : If that were done , they seemed secure , that all the rest should fall in of it self . On the contrary , They which were for the King , made it their chief Business to cast in Rubbs to delay it ; for , in the Interim , many secret Designs might in time be discovered , and the Conspiracy prevented by the Care of both Princes . In this Posture of Affairs , the Decree of the Scots Council was brought to the Queen of England ; but she , alleging , she was not satisfied with that Answer , and the Messenger did not seem to her a fit Person with whom she might confer , in so dangerous a time , and about such weighty Matters , desired to be better inform'd by the Scots of those Matters . Whereupon there was another Assembly of the Nobility Indicted at Sterlin , where they drew up this Answer , That , as for the last of her Requests it might admit a Consultation , in order to an Agreement ; but the second was of that kind , that no Consultation at all could be admitted , on that Head , without manifest Impiety , in regard it would not only diminish , but even extirpate , the Royal Authority : For , besides that all Partnership in Supream Magistracy is dangerous ; how can Two be equally join'd in Government , whereof One was a Youth , scarce out of his Infancy ; the Other a Woman in the prime of her Age , of a crafty Disposition , having past through Variety of Fortunes , who , as soon as ever she can creep into Part of the Government , will , by the Strength of that Faction , which , though she was removed by a publick Decree from the Administration thereof , do yet labour to introduce her , not by Entreaties , but Threats ; or else by corrupting the King's Enemies ; or , lastly , by foreign Souldiers , whom she is now busy to procure , soon derive the whole Authority to her self ? How will she indure , that an Infant should be equall'd with her , who would not be match'd even with her Husband ? Besides , if she should marry some potent Man , ( such a Matter being now on Foot ) her Strength would be doubled , and her Husband ( as of Necessity he must ) be admitted into Part of the Government ; perhaps , he would not willingly suffer , that his Children should be prevented in the Succession by a Son-in-Law ; and then , in what a Case would the Child be ? What if his Friends ( as all Men are inconstant ) should prefer a present Largess , before their future Hope , and so side with the strongest ? What can attend the Child , being now thrust down into the second , and anon into the third Place , but utter Ruin ? As for other things , they had rather leave them to her private Thoughts to meditate upon , than to make a previous Conjecture , What an angry Woman having Power in her Hands , prompted by the Imperious Counsels of her Uncles , having evidenc'd her Cruelty towards her Husband , being also exasperated by her Banishment , would attempt against a Child , especially when stript of all Aid of Nature and Providence , and exposed as a Sacrifice to her Rage ? And what Life would his Friends live , by whom she thought she was so grievously wrong'd ? Besides , what would the State of Religion be , when she could vent that Rage , which in former time her Fear had concealed , especially if an Husband , of known Arrogance , should further excite her innate Cruelty ? How easily might his Friends be destroyed , when the young King was slain ; or else , how soon might the King be subverted , when he had lost his Friends ? For these Reasons , the Queen could not be assumed into a Part of the Government , without evident Destruction to the King's Affairs . Matters standing thus , there was no need to speak any thing to the first Head of her Demands . Robert Petcarn was sent to carry this Answer into England , a Man of no less Prudence than Loyalty ; and he came to that Court in the very nick of time , when the Conspiracy to kill the Queen , and to seize on both Kingdoms , was discovered and made known . The Plot was so strongly laid , That the Queen of England began to be afraid of her self , and after she had imprisoned Howard in the Tower of London , she durst not proceed to punish the Queen of Scots , but was consulting to send her , by Sea , to the Regent of Scotland ; but when the Storm was a little over , that Design did not hold . In the mean time , the Regent , in regard the Power of the adverse Faction did mightily increase , sends for William Maitland , who was a great Incendiary to the Conspiracy , from Perth to Sterlin ; he , being conscious of his Guilt , though he had experienc'd the Regent's Lenity to all his Friends , even in the greatest Offences , yet made no great haste to come ; till having before sifted out , by his Friends , if any Design were form'd against him ; he dealt also with the Earl of Athol , to go with him , that , if need were , he might use him as his Intercessor : As he was sitting in Council at Sterlin , Thomas Crawford , a Dependant of the Earl of Lennox's , accused him of having an hand in the King's Murder : Whereupon , he was commanded to be kept close Prisoner in a Chamber in the Castle ; whilst others were sent to apprehend Iames Balfure , who was absent . The wiser sort would have had them both proceeded against according to Law , as having been the Authors of all the Tumults , that had happened for some Years ; and , as they were privy to the Murder of the last King , so they were Leaders of the Faction against her Son : But the Lenity of the Regent overcame all Consideration of Publick Good ; so that it prov'd calamitous to his Country , and fatal to Himself : Balfure , by his Friends Mediation , obtained Pardon for his Conspiracy , though lately entred into ; and Maitland was brought to Edinburgh , into a Lodging not far from the Castle , some Horsemen were appointed to guard him , under the Command of Alexander Hume , a Young and active Noble-Man ; but William Kircade , Governor of the Castle , about ten a Clock at Night , brought counterfeit Letters to Alexander , ( as if they had been the Hand-Writing of the Earl of Murray , ) which commanded him to deliver Maitland into his Custody : He , knowing in how great Favour Kircade was with Murray , readily obeyed , and thus Maitland was carried into the Castle by the Governor , who , even till then , had privily been of the Enemies Party ; the Nobility much storming at it ; and almost doubting , Whether they should impute so great an Offence to Kircade , or to the Regent himself , as one not ignorant of his Audacity ; and the matter had come to a Sedition , if the Sanctity of his whole Life had not outballanc'd all Imputations of Reproach : 'T is true , Kircade was a valiant Man , and accounted , till that time , a faithful Observer of Friendship , and as he had received many other Courtesies from the Regent , so he had been lately preferr'd by him to the Government of the Castle , before his other Friends and Kindred ; though the Prudenter sort did , even then , suspect him ; but such was the Indulgence of the Regent , towards those whom he once lov'd , That he could not be severe to them , though catch'd in the very Act of Offending . Kircade , the next day , was sent for by the Regent , but refused to come ; and 't was an unlucky Opportunity , for then Howard and the Queen were daily expected ; and thereupon , the Spirits of the adverse Faction incouraged ; ugly Reports were commonly spread abroad , That the Regent was forsaken by his intimate Friends , in such a doubtful time ; and so the Castle being held against him , he was left to his Enemies Will , others being likely to follow so leading an Example very shortly ; when their Governor was taken away , the innocent King and his Favourers would be delivered up to those Punishments , which the cruelest Tyrants could devise ; yet , the Regent was not moved by their Speeches , but , the next Day , went to the Castle , and spoke to the Governor with an unchang'd Countenance , as if he had been reconciled to him , and so returned to the Expedition , he had undertaken against the Robbers . In his Passage through Merch , he turned aside , as he was wont familiarly to do , to Alexander Hume , the chief of that Clanship ; there also ( Hume himself being covetous , and having been drawn off by great Promises to the contrary Faction ) he found no benevolous Reception from Hume's Wife , but she , being an arrogant Woman , did even mock at him to his Face ; so that he departed to Teviotdale ; coming thither with a small Retinue , and little more than his ordinary Guard , the Thieves admiring his Valour and Constancy , in that Solitude of his Friends , having received the Publick Faith for their Return , came in such Numbers to him , that their Multitude equalled , yea sometimes exceeded , those of his Attendants ; yet he remitted nothing of his former Greatness of Mind , but answered them as became the Dignity of the Publick and his Own too ; and , without doubt , he had quieted them without Force , unless some of the Neighbour-Nobility , affected to Howard , and now ready to take Arms , had impeded his Design . His Friends came in to him at the time appointed , and then he march'd into the Territory of the Thieves , though some of the Neighbourhood indeavoured to dissuade him , by telling him of the Difficulty and Danger of the Expedition ; he past with his Army through Liddisdale , Ewsdale and Eskdale , and received Hostages , not only from them , but from those beyond them ; only some , who , by reason of the Greatness of their Offences , despair'd of Pardon , were outlawed by him . This Expedition procur'd him not only the Favour of the People for setling them in Security , but raised their Admiration also , That a Man forsaken by his intimate Friends , and extreamly unprovided of Necessaries , should accomplish That in a few Days , which the most potent of our Kings , in full Peace , and with great Forces , could hardly effect in a long time . Whilst these things were acting , he was made acquainted , That the English Conspiracy was detected , Howard committed to Prison , and the Scots Queen more strictly guarded , than before ; and that Robert Petcarn had performed his Embassy with good Success , and was returned ; he inform'd him , That his Proceedings were very acceptable to the Queen of England , That he had quieted the Borders ; That he had imprisoned the Earl of Northumberland , one of the Conspirators , who was fled into Scotland ; That he was pursuing all the rest , as Enemies ; That he had sent to the Governor of Berwick , to offer him Assistance freely on all Occasions . These Courtesies she promised to remember , and that she would not be wanting to him in his Dangers , but all the Force of England should be at his Service , if need were . All the time of this Expedition , the Regent had daily Information brought him by his faithful Friends , of a great Conspiracy against him , entred into at home . And , in all the Letters , the Governor of the Castle was still accused ; whereupon , the Regent's old Courtesies and ancient Acquaintance not being yet quite cancell'd out of his Memory , he wrote to him plainly , and sent him a Copy of all his Accusations . He answered so coldly to the Crimes objected , That he became now more suspected , than before : He denied , that any Man could shew his Subscription to any Pact , relating to that Conspiracy . In the mean time , the Day for Maitland's Trial drew near ; for , after he was carried to the Castle , to put a bold Face on a bad Matter , he expresly desired to be brought to his Trial ; for he was fully persuaded , That the Power of the Conspirators was so great in England , and also in Scotland , ( of which he was one of the chief ) that nothing could be orderly or lawfully determined : For in Trials of Life and Death , there use to be great Flockings together of Friends and Vassals , according to the Faction , Favour or Nobility of the Accus'd , as it happen'd also , at that time . The chief of the Faction adverse to the King , viz. the Earls of Hamilton , Gordon , and Argyle , gather'd all their Force , against that Day ; hoping , that if the Judgment were disturb'd by force , ( as 't was easy so to do ) that they might quietly end the Conflict at one Skirmish , as being Superior in Number of Men , Opportunity of the Place , and also better provided for War. The Regent expected not a vying in Force , but in Law , and therefore had made no preparation on the other side ; and so , being unwilling to put things to the utmost Hazard , before he needs must ; and also , lest the Majesty of the Government might be lessened by contending with his Inferiors , he put off the Day of Trial , and so He , a Day after , about Ianuary 1 st , having sent the Earl of Northumberland to a Prison in Lough-Levin , went to Sterlin . The adverse Faction , thus again disappointed , and perceiving the Authority and Power of the Regent to increase , and that , besides his Popularity at home , he was also supported by the English , being stirr'd up , partly by Emulation ; partly by the large Promises from the Queen of Scots , who by Letters inform'd them , that the French and Spanish Aid would be presently with them , proceeded to accomplish that which they had long design'd , even the cuting off the Regent . As long as he was alive , they knew , their Projects could not take effect , and therefore they sent Messengers , thrô all Countries to the chief of their Faction , to enter into a League to that purpose . To this League , the Hamiltons subscrib'd , and Those , who either themselves , or their Children , were Prisoners in the Castle of Edinburgh . The Governour himself was thought to be privy to it , and That which follow'd , did increase the Suspicion of him ; Iames Hamilton , Son of the Arch-bishop of St. Andrew's Sister , promised his Assistance , and indeavour'd to find a fit Time and Place to commit the Murder . It happen'd , that , at the same time , some hopes were given to the Regent , That Dunbarton would be surrendred upon Conditions ; thither he went , but return'd without his Errand . Hamilton , being intent on all Occasions , his Ambushes not succeeding well first at Glasgow , then at Sterlin , appoints Linlithgo to be the Place fittest to execute his Purpose , because that Town was in the Clanship of the Hamiltons , and the Archbishop , his Uncle , had an house there , not far from the House where the Regent us'd to lodge ; in that House , being appointed for the Murder , he secretly hid himself . The Regent was made acquainted with the Plot , both before , and also , that very Day , before it was light ; the Discoverer , for more surety , added , that the Murderer lay hid in 3 or 4 Houses from his Lodging ; that , if he would send a small Party with him , he would pluck him out of his hole , and so discover the whole Design , and Order of the secret Plot ; yet , the Regent would not alter his former purpose ; only he design'd to go out of the Town thrô the same Gate he enter'd in , and then turn about and proceed in his Journy ; nor did he keep to this Resolution , neither ; either because he did undervalue such Dangers , as believing his Life to be in God's Hand , to whom he was willing to render it , when 't was call'd for ; or else , because the Multitude of Horse , waiting for him , stopt up the way . When he was mounted on Horseback , he thought to ride swiftly by the suspected Places , and so to avoid the Danger ; but , the Multitude of the People crouding in , hinder'd his Design , so that the Murderer , out of a wooden Balcony , which he had purposely cover'd with Linen , as if 't were for another use , shot him with a Lead-bullet , a little below the Navil , and it came out almost by his Reins , and also kill'd the Horse of Iames Douglas , which was beyond him ; he himself escap'd , by a back Door , or Passage , of the Garden , which he had pluck'd down on purpose ; and so mounted a swift Horse , set on purpose , to carry him off , after he had committed the Fact , by Iames Hamilton , Abbat of Aber-Brothwick , and so he went to Hamilton , with the great Gratulation of Those , who waited to hear the Event of his audacious Enterprize ; when they heard , he had effected it , they commended him highly , and rewarded him as if now the Kingship had been actually translated into their own Family . In the mean time , at Linlithgo , the rest were startled at the suddenness of the Crack , and the Regent told them , he was Wounded , and , as if he had not felt it , he leap'd from his Horse , and went , on foot , to his lodging : They , which were sent for to Cure the Wound , at first said , 'T was not Mortal ; but , his Pain increasing , tho his Mind was not disturb'd , he began seriously to think of Death . Those which were about him , often told him , that This was the fruit of his own Lenity , in sparing too many notorious Offenders ; and , amongst the rest , his own Murderer , who had been condemn'd for Treason . Whereto he return'd a mild Answer , according to his Custom , Saying , Your importunity shall never make me to Repent of my Clemency . Then , having settled his houshold-Affairs , he commended the King to the Nobles there present , and , without speaking a reproachful Word of any Man , he departed this Life before Midnight , about Ianuary 23 , in the Year of our Salvation 1571. His Death was lamented by all Good Men , especially by the Commons ; who lov'd him , Alive , and lamented him , Dead , as the publick Father of his Country ; For , besides his many other noble Atchievements , they call'd to Mind , that , not a Year before , he had so quieted all the troublesome Parts of the Kingdom , That a Man was as safe on the Road , or at his Inn , as in his own House ; and , Envy dying with him , They , who were disaffected to him , when alive , did really Praise him , when dead . They admir'd his Valour in War , which yet was always accompanied with a great desire of Peace ; his Celerity in Business was always so successful , that an especial Providence of God seem'd to shine on all his Actions ; besides , his Clemency was great in moderately punishing ; and his Equity as great in his Legal Decisions : When he had any spare time from War , he would sit , all day long in the Colledg of Judges ; so that , his Presence struck such a Reverence into them , that the Poor were not opprest by false Accusations , neither were they tir'd out by long Attendances , in regard their Causes were not put off to gratify the Rich. His house , like an Holy Temple , was free , not only from flagitious Deeds , but even from wanton Words ; after Dinner and Supper , he always caus'd a Chapter out of the Holy Bible to be read ; and tho he had still a learned Man to interpret it ; yet , if there were any eminent Scholars there , ( as there were oft Many , and such were still well respected by him , ) he would ask their Opinions ; which he did , not out of a vain Ambition , but out of a desire to conform himself to the Rule thereof . He was , in a manner , too liberal ; he gave to Many , and often , too ; and his Alacrity in giving commended the Gift . To a great many , who were modest in receiving , he presented privately with his own Hand . In a word , He was honest and plain-hearted to his Friends and Domesticks ; for if any of them did amiss , he reprov'd them more sharply , than he did Strangers . By these his Manners , Deportment and Innocency of Life , he was dear and venerable , not only to his Country-Men , but even to Foreigners , especially to the English , to whom , in all the vicissitudes of Providence , in his Life , his Virtues were more known , than to any other Nation . The Twentieth BOOK . ALL that Time , which immediately followed the Death of the last Regent , although it were free from Blood-shed , yet , was embroyled with the various Attempts of the Factions . Before the Murder , the Hamiltons , in great Numbers , had met at Edinburgh , under the Pretence of prevailing with the Regent , to release Iames Hamilton , the Head of their Kin or Tribe , who was yet kept Prisoner in the Castle : But , after the Murder was perpetrated , they sent some , from amongst them , to the rest of the Hamiltons , who were to dissuade the other Clans , ( for so they would have made People believe ) from joining with , or protecting , the publick Parricides : But , as very many suspected , it was to bid them , be prepared , and ready , for all Occasions . For , the next Night after the Murder , Walter Scot , and Thomas Carr of Farnihest , entring into England , did ravage over all Places with Fire and Sword ; and that , with somewhat more Cruelty than was used in former times . Neither was it so much the Desire of Prey , or Revenge , which mov'd them to this unusual Crueltie , as , that it was long before resolved by the Bishop of Saint Andrews , and the rest of the Heads of the Faction , to incense the English against the Scots : And , if they could provoke them , no other way , to take up Arms ; then , by Injuries to draw them , tho unwillingly , into a War. The Governour of the Castle , although convinced by many Evidences , so that all Mens Eyes and Discourse were upon him by way of Reflection , as yet continued in his former counterfeited Loyalty to the King ; 'T was upon his account , that William Maitland was delivered out of Prison ; For , when he had , in many Words , pleaded his Innocency before the Council , the Nobles , then present , attesting , That it did not , with any certainty , appear to them , That he was guilty of those Crimes which were laid to his Charge , ( for he was accused to have been privy to the King 's and Regent's Murders , and also to be the Author of the Civil War that was lately raised in England ) he was at last dismissed , yet so , that the Matter seem'd to be deferred till Another time , rather than absolutely to be decided at That : He also , protesting his Innocency upon Oath , did promise to appear , whensoever the King's Kindred would set a Day for his Trial. Afterwards , when , upon consulting about the State of the Kingdom , they had almost agreed , That of those , whom the Queen , before she abjured her Government , had nominated Tutors to the King , he that would undertake it , provided he had not afterwards revolted to the adverse Faction , should have the chief Administration of Affairs . Maitland , now contriving the Disturbance of Matters , brought it so about , that it should be again signified to the absent Lords , that they might , if they pleased , be present in the Parliament of the Regent , to be assembled at a set Day , lest they might afterwards complain , That so great an Affair was hastily rash'd up in their Absence . Athol , with a few others , consented ; neither did the rest refuse it , more that they would take away all occasion of Detraction and Calumny from their Adversaries , than that they had any Hopes , that this Delay of the Parliament would bring any Profit to the Publick . After these Things , Thomas Randolph , the English Embassador , had Audience ; for That Queen , the Regent being yet alive , had sent her Embassadors , to demand those English Exiles , who , after Howard's Conspiracy was detected , and he punished , for fear of Punishment , had escaped thither : The Regent , giving these Embassadors Audience at Sterlin , put them off till his Arrival at Edinburgh : and , after his Death , Things being in Confusion , they departed without an Answer . But , when they conven'd about choosing a Regent , Randolph , ( who , for some years , had been in Scotland ) for that he was thought to be well read in the Affairs , and in the Men , of that Nation ; and that his former Embassies had been also advantagious to both Nations , was in dear Esteem of all that were good , like himself . He , being introduc'd into the Council , having declared , How great his Queen 's Good-will had always been towards the Scots ; That , as she had not formerly been wanting to them in their Disturbances , so she would not fail them now . Then he rehearsed their Incursions into England , the Slaughters , Rapines , Burnings , of late Days committed : Adding , That she knew well enough , That none of these Things were acted by the Publick Council ; therefore , that , at present , her Kindness and Friendship towards them , was the same it ever was : So that , although she had been grievously , and , without any Cause , provoked ; yet she did not , as she might justly do , repeat Matters , nor publickly require Reparation ; nor , for the Fault of a Few , seek Punishment of All : That indeed she was not ignorant , what a great Disturbance in Affairs was risen of late ; yet , she was not doubtful of the Good-will of honest Men towards her : That , in Favour of them , she did not only free the Publick from any Guilt , but if , by reason of domestick Troubles , they could not compel the Disturbers of the Peace , to resettle Matters , that she would join her Forces with theirs , that so , by common Consent , they might exact Punishment of those Violators of Leagues and Truces : But , if they were not able to do That , that then she would revenge their Injuries with her own Souldiers : That her Army should pass peaceably through the Country , without the least Damage to it ; That none , that had not been guilty of the Crimes , should be concerned in the Punishment . The remaining Heads of his Embassy contained Admonitions , ever profitable in all Legal Assemblies , but now , as the present Posture of Affairs was , very necessary , viz. That they should first of all , with all Care and Vigilance , have regard to Religion , which alone teaches us our Duty , both towards God , and towards Man : That , seeing no Common-wealth , at Discord within itself , can long subsist , they should bend their chiefest Endeavours , and strive , with their utmost Force , that , at Home , among Fellow-Subjects , and Country-Men , Peace and Concord might be religiously observed ; and seeing God , the Framer of the Universe , had indulged Them with a Kingly Government , it was just for them to honour and obey their Kings , and to yield all Observance and Obedience to them : That Peace , Concord , and Friendship with all Men , as much as possible , are most acceptable to God , and quench , or , at least , lessen , the Thirst of shedding human Blood , ( which Wickedness God especially detests ) : That they increase the Riches of All in general , and render a People more formidable to their Enemies : That Justice is the Preserver of the Publick Safety , of which , the chief Part now to be made use of , is , The Punishment of Offenders : Seeing that Treason is most hateful to every lawful Government , its Abettors , to what part of the Earth soever they retreated , should have neither Mercy , Favour , nor Indulgence , shewed them . Thus far Randolph ; whose Advice seemed both pious , wholsom , and reasonable . But , because none was yet chosen Regent , he could not have any certain Answer , and therefore was put off till the first of May. Last of all , William and Robert Douglas , Brothers , by the Mother's Side , to the late murdered Regent , petition'd , That the villanous Death of their Brother , suffer'd upon no Private , but the Common-wealth's , Account , should be revenged . Herein , the Opinions were various , although all agreed , That the Murderers were to be punished : Some thought fit , That a Day should be set for those , suspected of the Murder , to appear , ( and many of their Names were given in ) : Others were of Opinion , That Court-Days were not to be waited for against those , who were now in Arms , to maintain , by Force , that Fact , which they had wickedly committed : And , that it was fit , not only to take up Arms forthwith against them , but likewise against all those , who were sentenced by the last Parliament . To this Opinion the * Knights of Shires were most inclined , yet they could not obtain their Purpose , by the dissuasion chiefly of Athol , who said , They ought to expect a more numerous Assembly of Nobles ; and of Morton , who thought , That , should they join more Crimes together , the Revenge of the Regent's Death would miscarry , and a Civil War break out ; because all those , who dreaded the Peace , would join with the Murderers . Therefore , that their Crimes should be separated , and Affairs , if possible , acted by Law , and nothing innovated , before the first of May , ( which was the Day appointed for their Meeting . ) And so that Session was dissolved ; most part of the People condemning this Delay of the Nobility , because ( said they ) all things are acted , as the King's Enemies please , who had occasion'd these Delays purposely , that , in length of Time , the Odium of the Murder might diminish , and the opposite Faction , that while , gain Strength . This Opinion of the Peoples was confirmed , not only by some preceding Accidents , but also by very many , which followed : For presently , when the Regent's Murder was yet hardly divulged , Iames Hamilton , upon a Mortgage of his Lands , procures Mony of Iohn Somerval , of * Camnethen , which , together with another Sum , borrowed of his Friends , he sent to his Complices to hire Souldiers with , having warned them before , to be ready for all Essays , because of the sudden Alteration which had happen'd , upon their having rid themselves of their capital Enemy . And after that , the Queen's Party ceased not to have Meetings , in many and distant Places . About the 15 th of February , almost all the Chiefs of the Rebellious Faction met together at Glasgow ; whence Argyle and Boyd wrote to Morton , That they , because , as yet , they knew not Who were the Actors in , or privy to , the Regent's Murder , would willingly communicate their Counsel with the rest of the Nobility , as well for the Discovery , as Punishment , of that Murder ; but , that they would not come to Edinburgh ; but if the King's Party would be persuaded to meet them at Linlithgo , at Falkirk , or at Sterlin , they would , without Delay , come thither . This Business , being communicated to Maitland by Morton , ( for so the Letter requested ) came to nothing . About the same time , Thomas Car wrote to his Father-in-Law , the Governour of the Castle , from Linlithgo , That , if the Queen of England would be prevailed withal , to lay by her Resentment of the late Incursions , he would endeavour , that , for the future , the Borders should be quieted , and kept in due Order ; but that , if she should refuse these Offers , he would continue in the Design he had begun ; not doubting , but that his honest Country-men , who yet retained their Fealty to their Queen , would join with him , and that the French Auxiliaries would speedily come , also . About the third of March , the Hamiltons , with Argyle and Boyd , met at Linlithgo ; but the killing of one common Souldier , begetting a Tumult , disturbed all their Counsels ; which made the Archbishop of St. Andrews carry home the Hamiltons with him . The rest of the Rebels , chiefly Huntly , Athol , Crawford , Ogilby ; also , of those on this side Forth , Hume , Seton and Maitland , met at Edinburgh ; in which City Morton was , accompanied but with few , till the Earls of Glencarn and Marr , with their Followers , came to him . About the fourth of March , the Heads of the Factions met to consult about the Main , but this Consultation went but slowly on , by reason of Argyle's Abs●nce , whose Power and Authority was then very great . Huntly goes to him , undertaking to persuade him to join with the rest of the Faction , but returns without Success , by the Treachery of Maitland , ( as most Men thought ) who desired to drill on Affairs , that , amidst the Confusions of the Kingdom , he might have the fitter Opportunity for Innovations . Argyle also , in all his Undertakings , had another Impediment , which hindred , That his Power was not now so great , as it was found to be formerly , which was , That , though he himself was a most eager Favourer of the Queen's Cause , yet his Friends and Clients , no , nor his very Brother , could not be prevailed with to follow him against the King. The Night following , a sudden Terror , without any apparent Cause , did so seize upon all the Factious , that they watch'd in their Armour , till it was Day-light ; and , in the Morning , they as fearfully departed from Edinburgh . All the Time of this Convention , the chief Thing controverted , was , By what Authority the Scots might , at that time , choose a Regent ? Some , according to the Queen's Letters-Patents , by which she had designed Eight of the Nobility , that , out of them , one , or more , as should be thought fit , might be nominated as Tutors to her Son , would have one of that number placed at the Helm . Others were of Opinion , That those Letters were now useless , since that a Regent was already chosen , according to their Appointment ; and that all Thoughts of them should be laid aside , as being not made to be always in Force , but for that one Juncture of Time , only . Some there were , who would have the whole Affair deferred , until the General Convention of the Nobility , but These were mostly of Maitland's Faction , which expected , That a great Distraction in Affairs would follow , which , in a great Multitude , without a Governour , is easily rais'd , but not so easily laid . The Third Opinion condemned both the Others : The First , for that now there ought less Account to be made of the Queen's Letters-Patent , since ( if the Matter of Law were considered ) they were , from their beginning , of little or no force : The Other , for that a Prorogation would both draw much Danger along with it , & also a greater Delay , than the present Condition of Affairs could well permit ; and therefore they would have all those to meet , who , at first , had advised the King to enter upon the Government , and had constantly adhered to him , ever since : These , according to the sense of this Party , were to take the best Care they could for the Publick-Weal , and speedily appoint such a Regent , who was both able and willing to provide for the Safety of King and Kingdom , both . But this Opinion was rejected also , and so , before any thing was concluded upon , the Convention was broke up . So many Meetings having been tried in vain , the Rebels again return to the old Seminary of the English War , thereby to draw the Populacy to their Faction ; and send out the same Captains of the Freebooters , which were sent before , who left nothing of Cruelty uncommitted , even to the utmost extremity . And , in the mean time , the Heads of their Faction bespatter the Queen of England with all manner of Reproaches : And also , they maliciously accuse the Scotish Nobles , as Pensioners to the English , commonly giving out , in a way of Threatning , That if their Adversaries did call in the English to their Aid , they would have recourse to the French and Spanish Succours . About this time , Mr. Le Verac , one of the King of France's Bed-Chamber-Men , came from France to Dumbritton , who , with his large Promises , somewhat raised up their Courages . Hereupon , the Hamiltons appointed a Meeting of their People , to be held the 9 th of April , at Linlithgo ; Where , when the Queen's Faction was gathered together in great Numbers , They began openly to treat of That , which they had long before meditated in their private Cabals , That , if a War against the English could be made , thereby private Injuries and Actions , either about the King 's or Regent's Murder , in that universal Disturbance of Affairs , would either grow out of Remembrance , or , at least , the Resentment of them much abate . These Things having been transacted at Linlithgo , by the Associates of the Conspiracy only , who having not yet plainly unmasked their Intentions , that they might have more Shew of Authority , they determine to meet at Edinburgh , on the 11 th of April , and thereby , besides the other Conveniencies which the Place would afford them , draw the Citizens , of whom they always made great account , either way , to their Party . This seemed no hard Matter , since they had already gained William Kircady , the Governour both of the City and Castle , to their Side : But , because they understood , that Watch and Ward was kept there , and that the Common People were more inclined to their Adversaries , they thought fit to send to the Citizens , first , to know , Whether or no it was their Pleasure , they should meet there ? The Citizens Answer was , That they would exclude no Person , that was desirous of the Publick Peace , and obedient to the King ; but that they would admit neither the English Exiles , nor the Hamiltons , into their City , lest they should either highly displease the Queen of England , in whose Kingdom they had great Traffick , or seem to join in Counsel with those that were guilty of that horrid Murder ; nor likewise , would they endure the Proposal of any New Edicts , which might tend to the lessening of the Regal Authority ; or , that their Souldiery should be forc'd ( as the Custom was ) to run to their Arms by sound of Drum. Upon these Conditions , how hard soever they seemed , they notwithstanding came into the City , in hopes , by degrees , to gain upon the unwary Multitude , and , by soothing them up with fair Speeches , at last , to bring them all to their beck ; but , for all this , they could not prevail with the Citizens to deliver up their Keys to them , or to cease their usual Watch , though Kircady , Governour of the Castle and City , join'd his utmost Endeavours with them , that they should do so . All that time , they visited Maitland ( who ( if he did not dissemble deeply , ) was troubled with the Gout ) every day , and in such Numbers , that his House was commonly named a School , and he a Schoolmaster : Athol , the whilst , incessantly passing from one Place to another , that he might draw those of the contrary Faction to this Meeting at Edinburgh ; but they all , with one accord , refused to come before May 1. ( which was the Day generally agreed on by all ) unless they were satisfied of the necessity of coming , before ; if any thing of moment had happen'd , which would admit of no Delay , they would have them acquaint the Earl of Morton with it , who was at his House but four Miles off , and he would tell the rest of it . Athol , at last , appoints a Day , on which , some of either Faction should meet at Morton-Hall , which is in Dalkeith ; but this Place did not please the Queen's Faction , not that they dreaded any Treachery , but out of a Conceit , That it would be an undervaluing to their Authority , if they should come to Morton , rather than He come to Them. Therefore , after many Attempts , and that nothing proceeded to their Satisfaction , they were forc'd to break up the Meeting ; for seeing , that , being desirous to rid the City of their Adversaries , they could not prevail with the Citizens to join with them ; in order to it , they resolved to call in a greater Number of their Friends dwelling nearest , that , in spite of the Inhabitants , they might get all Things into their own Power . The Governour of the Castle facilitated This very much , who set at Liberty those Persons whom he had in Custody , ( and they were well nigh All the Heads of the Queen's Faction . ) But a sudden Rumour , That the English Army was come to Berwick , startled all their Resolutions : Alexander Hume , and Iohn Maxwel , lately let out of Prison , without any Publick Authority , betook themselves to their own Homes , to look to their own Concerns : And Hume had part of the Mony ( gathered for raising of Souldiers ) given him , to fortify his own Castle , Hume . Thomas Carr , and Walter Scot , who , by the Instigation chiefly of the Archbishop of St. Andrews , had made Incursions into England , foreseeing , That , from this beginning , a War would be kindled between the Two Kingdoms , being deserted by their Neighbours , and doubtful of their own Strength , send to the Heads of their Faction for Aid ; or , if that could not be done , that , at least , they would come as far as Lauder , ( a neighbouring Town ) , and from thence make a Shew of War. Therefore , when they could neither obtain their Request in This , nor yet the least Portion of their common Stock , for the Publick Advantage ; and , being highly incensed to be thus betrayed and forsaken by those very Men , that had put them upon the War , every one of them betakes himself to take care for his own Safety , their Hopes , for the time to come , being all blasted : So that , so many cross Accidents , unexpectedly falling out at one and the same time , quite and clean disturbed all their Plots and Machinations ; but the sudden Approach of the English Army , was It , which most surprized them ; and therefore , to see if they could put a stop to it , they make use of two Embassies into England ; the One to Thomas , Earl of Sussex , to desire a Truce , till such time , as they had laid open the State of their Affairs to the Queen of England : The Other Embassador carried Letters to the Queen , containing many things , as well for their own Cause , as against the King's Faction ; especially , by making their Brags of greater Forces than they had in reality , and vilifying Those of their Adversaries , thereby covertly threatning the English with a War : For Maitland had made them believe , That that Queen , a Woman naturally timorous , would do any thing rather than be brought to a War , at a time when both the French and Spaniard were , for many Reasons , at Emmity with her , and her own Affairs at home were scarce setled ; The Rebels desired , that , by the English Queens Arbitrement , all the Ordinances of the last Two Years should be called in , although many amongst them had subscribed them ; and that all things , being , as it were , acted de novo , a new Ordinance should , by a general Consent , be made : And that they might better set forth the Potency of their Faction , their Letter had all the great Mens Names , that were of their Party , subscribed to It ; and also , for the greater Ostentation of their Multitude , they set to it the Names of Many as well of the adverse Faction , as of those that were Neuters ; in Hopes , that the English ( by Reason of the great Distance , and their Ignorance of things done so far off ; and that their Letters to the Queen , would be exposed to the View but of few Persons ) would hardly be able to detect their Fraud . About that time , an Accident happened , as they thought , very advantagious to their Affairs , as hoping , that it would both make the English less forward , and also terrify the Scotch Populacie ; viz. the Arrival of a certain French-Man , however of a mean Condition , who , as being Lansack's Menial Servant , was , for his Master's sake , entertained at that Court. This Man brought a great many Letters , all of the same Purport , from the French King , not only to the Heads of the Queen's Faction , but likewise to Many , who had not declared themselves for either Faction , in which great Thanks were given to every one of them , for their having hitherto taken the Queen's Part ; the King desiring them constantly to persist in so doing , and he would send them Aid , even greater than they had desired of him , as soon as ever he could do it with Conveniencie . He also that brought the Letters , adds , as from himself , That all things were now at quiet in France , Iaspar Colligny and the other Rebels being reduced to such Terms , as to promise to depart from France , lest their Presence should be a Hindrance to the Publick Peace : And that he doubted not , but that the Souldiers which were to be sent to assist them , would all be raised , before his Return . The Wiser sort , although they knew , that these things were mostly nothing but vain Reports , yet permitted the common Sort to be deluded by them . When therefore the Minds of many People became , by these Means , to be erected , their Joy was lessened by the unsuccessful Return of their Embassadors : For Sussex could not , by any Conditions they could offer him , be induced , to think it to be for the English Interest , either to maintain an Army only to idle their Time away in Truces ; or , wholly to desist from the War. And the Queen having , after Perusal , caused their Letter to be sealed up again , and sent back to the King's Party in Scotland ; which was done , that the Expectation of an Answer from her should cause Delay in Affairs , and thereby their Fraud be easily found out . And , for that their Letter contained nothing but vain Boasting , and that the English were not ignorant of any thing that had been transacted in Scotland , their Embassadors , grievously abashed with Reproaches , were forced to return . Therefore being disappointed of that Hope , and affrightned by the so sudden drawing near of the English Army to their very Borders , and those who were to have assisted them , being gone to defend their own Homes ; having also small Confidence in the Citizens , and knowing , that their Enemies would come to Edinburgh on the first of May : They therefore departed thence , and went to Linlithgo , holding that Place to be very commodious for the sending for those of their Party from the most distant Places of the Kingdom ; as also for the hindring the Journies of the others that were going to the Assembly ; and for bringing about of those other things , which were lately discussed at their Consultations . From this Place , the Hamiltons , with their Friends and Vassals , made the whole Road leading to Edinburgh , very unsafe for Passengers ; and knowing , that Iohn Erskin , Earl of Marr , was to come that Way , they placed themselves on the Neighbouring Hills to hinder his Journy ; but he , knowing how the Way was beset , passed the River , about two Miles above ; and so April 29 , in the Evening , he came safe to Edinburgh . After that Day , the King's Party abode at Edinburgh , and the Queen 's at Linlithgo , mutually charging and criminating one another , as the Causes and Rise of these Civil Combustions . But those at Edinburgh informed their Contrariants , That they were willing to come to an easy Agreement upon other Heads , as , that if they had done any Man wrong , they would give him just Satisfaction , as indifferent Arbitrators should award ; provided always , That this King's Authority might be secured , and that both Parties might join to revenge the Murder of the last King , and of the Regent . To this Proposal , they at Linlithgo gave no satisfactory Answer , but , instead thereof , made an Edict , That all Subjects should obey the Queen's Commissioners ; and the three Earls , of Arran , Argyle and Huntly , Indicted an Assembly to be held at Linlithgo , August 3. Whereupon the other Party sent Robert Petcarn their Embassador to the Queen of England , to treat with her about suppressing the Common Enemy ; and to shew , how well-affected the Scots stood towards her , he was to inform her , That they would chuse such a Regent , as she should please to recommend , or approve . Thus , whilst each Party was crossing one another's Design , the English enter Teviotdale , and spoil the Towns and Villages belonging to the Families of the Cars , and of the Scots , ( who had violated the Peace , by making Excursions into England , and giving Harbour to such English Fugitives , as fled to them for Shelter ) wasting and burning their Country . The Earl of Sussex , their General , besieged Hume-Castle , where the Owner of it had laid up much Provision , and all the Neighbourhood had brought in their best Goods to that Fort , as into a Place of Safety . It was valiantly defended by the Garison within , and the English , the next day after , were about to raise the Siege ; when , lo ! Letters were brought to the Garison-Souldiers , written a while before by Alexander , Owner of the Castle , which disturbed all their Measures . For therein he commanded them to obey the Orders of William Drury , an English Knight , and to do what he commanded them , without any Dispute . Drury acquainted Sussex herewith , whereupon the Castle was surrendred and plundered , and Sussex placing a Garison of English therein , with a great Booty , returned to Berwick . Thus Hume , who was so far from being afraid of the English , that rather he thought them his very Friends , as knowing that Drury and Sussex Both did secretly favour Howard's Affairs , did almost undo himself by his own Credulity ; for , at last , being forsaken of all his Friends and Kindred , who were mostly Royalists , he came with One or Two in his Company to Edinburgh , and shut up himself , as a Recluse , in the Castle there . On the other Side of the Borders , Scroop , an English Commander , entred Annandale , and ransack'd the Lands of one Iohnston , ( who also had made Incursions into England ) but Iohnston himself , with a few of his Companions , being well acquainted with the Passes of the Country , made a Shift to escape from the Horse , that pursued him . Iohn Maxwel , who had gathered together 3000 Men , out of the Neighbourhood , yet durst not adventure to come in to his Aid , but only stood upon his own Guard. A while after , the English that were at Berwick , having received Hostages , and thinking that Matters would have been carried with Fidelity towards them , sent in 300 Horse , and a 1000 Foot , under the Command of Drury against the common Enemy . Upon the Bruit of their March , the Hamiltonians went to Glasgow , resolving to demolish the Castle of the Arch-bishop there , that it might not be a Receptacle to the Earl of Lennox , then returned out of England , and so that Country be made the Seat of War. They knew , that it was kept but by a few raw Souldiers ; that the Governor was absent ; and that it was unprovided of Necessaries , so that they thought to surprize it by their sudden Approach ; for they flew into the Town in such Haste , that they shut out a good part of the Garison-Souldiers from entring the Castle ; but , being disappointed of their Hope , they began to batter and storm violently , and were as valiantly repulsed , for the Garison Souldiers ( which were but 24 ) did so warmly receive them for several Days , that they slew more of the Assailants , than they themselves were ; and the rest they beat off , sorely wounded : of their Own , they lost but one Man , and none of the rest received so much as a Wound . But the Hamiltonians , hearing , that the English were already at Edinburgh , and that Iohn Erskin was come to Sterlin , with a Design speedily to relieve the Castle , though they had received some additional Force , even from the remote Parts of the Kingdom ; yet , toward Evening , they raised their Seige , and in great fear pack'd away : Hamilton and Argyle himself posted into Argyle's Country : Huntly went home , over the , almost , impassable Mountains ; the rest shifted for themselves , and ran several Ways , to save their Lives . But the English , two Days after they came to Edinburgh , went to Glasgow , and , in their Passage through Clydsdale , they wasted all the Lands of the Hamiltons , and any others that had consented to the Death of the Regent ; as also of those , who had harbour'd the English Fugitives , and drove great Preys from them , making havock in all the Country ; when the Engines to beat down the Castle , that was scituated near a Village called Hamilton , were bringing to Sterlin . Drury , who privately favoured the English Rebels , had almost rendred the whole Expedition fruitless ; for he was so far from quieting the English , who mutinied , because their Pay was not paid them at the Day ; ( whereupon , they threatned immediately to lay down their Arms ) That , 't was thought by many , he himself was the Author of the Mutiny : But the Souldiers were appeased , upon the receiving their Pay down upon the nail ; and the great Guns being planted , and playing against it , the Castle was surrendred in a few Hours . Amongst the Booty , some there were , that knew the Apparel , and other Houshold-stuff of King Iames the 5 th ; that the Owner of the Castle , when he resign'd up his Regency , had so solemnly sworn , he had none of . The Castle was left half demolish'd ; and the Town , together with the stately Mansion of the Hamiltons therein , the wild common Souldiers burnt to the Ground , against the Will of their Commanders . Whereupon the Army march'd back , the English to Berwick , and the Scots each to their own home ; Drury interceded for the Garison , that they should march away in Safety , who , being dismiss'd , took Robert Semple Prisoner , the chief of his Family , out of the House of his Son-in-Law , who was quietly returning home , as if the Service had been ended ; which Passage greatly increas'd the Suspicion on Drury . These Matters were scarce finish'd , before Petcarn return'd from his Embassy out of England , and brought this Answer , That the Queen wonder'd , they never made her acquainted with the ●tate of their Affairs , till now , four Months after the Death of the Regent ; and , by reason of this delay , she was uncertain in her Hopes , concerning them ; In the mean time , that she had been often solicited by the Importunity of the French and Spanish Embassadors in the Name of their Kings , and that she was even tired out with the daily complaints of the Scots Queen , that she had promis'd them Audience , but upon Condition , that the Queen of Scots should write to her Party for a Cessation of Arms , till the Conference was ended ; That those Innovations , which they had attempted by their publick Edicts , they should revoke by other Edicts contrary to the former , and so suffer things to stand as they were , when the Regent was slain ; That the English Exiles should be given up without fraud ; and if , upon the Conference , Matters were accorded betwixt them , Hostages and other Pledges should be given on Both sides , for the faithful performance of Agreements . Upon these Conditions , a Conference was promised , and having oblig'd her self in such Circumstances , she could not join with them in their Design in making a new Regent , lest she might seem to condemn their Queen , without hearing Her ; But in general , she said , That she had a great Affection for them , and their Affairs . In the mean time , She desir'd , that they would abstain from Arms , and from making a Regent , and she would take care , that such a small delay should be no damage to them . This Answer , being reported to the Scots , did variously affect them . On the one hand , the Necessity of the time requir'd them to steer their Counsels , so as they might be pleasing to the Queen of England ; And on the other , they knew of what Concernment it was to the Publick , That one chief Magistrate should be set up , to whom all Complaints might be made ; and , for want of creating One some Months already past , the Enemy had improv'd the delay to gather Forces , to make new Courts of Justice , daily to set forth new Edicts , and to usurp all the Offices of a King. On the other side , the Royalists were dejected , and a Multitude , without one certain Person , whom to obey , could not be long kept in Obedience . After the Embassadors Return , News came , That there was a new Insurrection in England , and that , in London , the Popes Bull was fastned on the Church Doors , to exhort the English , partly to cast off the unjust Yoke of the Queen's Government , and partly , to return to the Popish Religion ; and it was thought , that the Hand of the Queen of Scots was in all This. These things , tho kept private , yet came to be known by Letters from the Earl of Sussex ; and also , the same Thomas Randolph had , in presence , confirm'd it , yet they could hardly be restrain'd from chusing a Regent . But at last , a middle Way prevail'd , That they might have an appearance of a chief Magistrate , to set up an Inferior Regent , or Deputy-Governour , to continue till the 12 th of Iuly , in which time , they might be further inform'd of the Queen of England's Mind ; they judg'd , That she was not averse from their Undertaking , especially upon This ground , That she had put it into the Articles of Capitulation , That the Rebels should give up all the exil'd English : If that were done , they might easily understand , that the Spirits of all the Papists about England were alienated from the Queen of Scots : If it were denied , then the Conference , or Treaty , would break off , and the Suspicions , which made the Commonalty averse , would daily increase . For , they saw , that other things would not easily be agreed upon , when a greater Danger was imminent over the English , than the Scots , upon the Deliverance of their Queen ; and if other things were accorded , yet the Queen of England would never let her go , without giving Hostages ; neither was she able to give any such , who could make a sufficient Warranty . These Considerations gave them some Encouragement , so that they proceeded to create Matthew Stuart , Earl of Lennox , the King's Grandfather , to be Vice-Gerent , for the time . Whilst this new Vice-Roy , by the advice of his Council , was busied in rectifying things , which had been disorder'd in the late Tumults ; Letters came opportunely from the Queen of England , Iuly the 10 th , wherein she spake much of her Affection to the King and Kingdom of Scotland , and freely offer'd them her Assistance ; withal , she deprecated the naming of a Regent , which was a Title invidious of it self , and of no good Example to them ; only , if they ask'd her Advice , she thought , none was to be preferr'd to that high Office , before the King's Grandfather ; none being of greater Faithfulness to the King , yet a Pupil ; and , who now for the same Reasons was made Deputy-Governour of the Kingdom . These Letters incourag'd them , by the joint Suffrages of all the Estates , of a Vice-Roy to make him Regent . Assoon as ever he was created Regent , and had taken an Oath ( according to Custom ) to observe the Laws and Customs of his Country ; First of all , he commanded , that All , which were able to bear Arms , should appear at Linlithgo , August the 2 d , to hinder the Convention , which the Seditious had there Indicted in the Name of the Queen ; then , he himself summon'd a Parliament , in the Name of the King , to be held the 10 th day of October ; he also sent to the Governour of the Castle of Edinburgh , ( who , as yet , pretended great Friendship to the King's Party , tho his Words and Actions did very much disagree ) to send him some Brass-Guns , Carriages , and other Apparatus for the managing of them ; This he did , rather to try them , than in hopes to obtain his desires . He promis'd very fair at first , but when the Day was coming on , that the Parliament was to Meet , when he was desir'd to perform his Promise , he peremptorily refus'd , alleging , That his Service should be always ready to make up an Agreement between , but not to shed the Blood of , his Country-Men . Nevertheless , the Regent came at the Day appointed to Linlithgo with 5000 arm'd Men in his Company ; but hearing , that the Enemy did not stir , only that Huntly had placed 160 Souldiers at Brechin , and had sent out an Order , commanding the Brechinians , to get in Provision for some Thousands of Men by the 2 d of August . The Garison , there plac'd by him , did rob not only the Inhabitants , but all Travellers also , when they were wearied with their Journy : Whereupon , the Regent , by the advice of his Council , resolv'd to march thither , and to seize on the Place , which would be of great advantage to him , before Huntly's coming ; and , if occasion were offer'd , there to fight him , before his Partners came up with their Force , and so to overthrow that Party of Musqueteers , which was All he had ; and , by that means , he might catch some of the Leaders of the Faction , as the Earl of Crawford , Iames Ogilby , and Iames Balfure , who , he heard , were there . Whereupon , he commanded Patrick Lindsy , and William Ruven , chief Officers , and Iames Haliburton , Governour of Dundee , to take what Souldiers they could raise at Dundee , and St. Iohnstons , and to make haste thither to prevent the News of their coming : They made all the speed that ever they were able , the next Night horsing their Foot for greater Expedition ; yet , as they drew near the Place , they march'd slowly , that they might get some Refreshment , before they charg'd the Enemy : so that , the Alarum was taken at Brechin , that the Enemy was a coming ; whereupon Ogilby and Balfure , who chanc'd to be there , got the Souldiers presently together ; and incouraging them , as well as they could for the time , They told them , that They and Huntly would return again in 3 Days ; and so they got an Horseback , and made haste away , over the Mountains ; The Souldiers , that were left , catch'd up what was next at hand , and about 20 of them got to the Tower of a Church , that was near : The rest fled into the House of the Earl of Marr , which was seated on a Hill near thereto , it was like a Castle , and commanded the Town . Iames Douglas , Earl of Morton , with 800 Horse , went a further March about , and came not in , till the Day after ; The Regent sent home the Lennoxians and the Renfroans , to guard their own Country , if Argyle should attempt any thing against it ; But he himself , in 3 Days , overtook those , whom he had sent before to Brechin . At the noise of his coming , the neighbour Nobility came in , so that now he muster'd 7000 Men , effective : Whereupon they , who were in the Church Tower , presently surrendred themselves . The rest , having stoutly defended themselves for a few Days , Killing and Wounding some , who were unwary in their Approaches , at last hearing , That Brass-Guns were planted against them , and that Huntly had forsaken them , surrendred also at Mercy to the Regent . He hang'd up 30 of the obstinatest of them , many of them , having been taken and releas'd before ; the rest , being very feeble , he dismist . Huntly was then about 20 Miles off , endeavouring to gather more Force , but in vain , ( for most Men , when they had free liberty to declare themselves , did abhor so foul a Cause ) ; Whereupon he was forc'd , in fear , to provide for his Safety , and with a small Party retired into the remote Countries . Whereupon , the Regent return'd to Edinburgh , to be present at the Parliament there Summon'd ; and , by the advice thereof , to settle the present Disturbances . The Rebels perceiving , that , by the Agreement of all the Estates , there was no Hope left them ; especially They , who were Guilty of the King's Murder , and of the Death of the Regent , dealt with the Queen of England , that , because she had promis'd the French and Spanish Embassadors , that she would hear both Parties , and compose Things , if she could , that therefore no new Decree should be made , in the mean time . This Delay being obtain'd , ( for nothing was done , in that Assembly , only the Election of the Regent was confirm'd ) the Rebels never ceas'd to solicite the French and Spaniard , to send Aid into Britain , to restore the Queen ; and because they affirm'd , That the Restitution of the Popes , or the old , Religion , depended on Her , therefore they made means to the Pope also , that , tho he were far remote , yet he might help them with Mony. Whereupon he sent an Agent into Scotland , to enquire into the present State of things there , who giving him an Account , that the Popish Party there was very weak ; and that all the Rebels , neither , were not unanimous in the restoring of Popery , he refus'd to intermeddle in the Business ; but , in the mean time , he endeavour'd to raise up some Commotion in England , by his Execrations and Curses hung upon Church doors by Night ; by his Indulgences ; and by his promise of Indemnity for what was past ; for there , he thought , his Faction was the strongest . The Regent , having appointed the Parliament to be held the 25 th of Ianuary , ( for , within that time , he hoped to satisfy all foreign Embassadors ) to compose things Legally and Judicially , as well as he could , return'd to Edinburgh . The Rebels , having renew'd the Truce , by means of the Queen of England , till the Embassadors of both Parties had been heard , before her ; yet , contrary to the Peace desir'd by themselves , were very busy to attempt Alterations , encourag'd ( as 't is thought ) by the favour of the Earl of Sussex , who then commanded the Army of the English in Northumberland . For he , either not altogether despairing of the Business of the Duke of Norfolk ; or else , induc'd by the Promises of the Exiled Queen , of whose Return he had some Hopes , was somewhat inclinable to the Rebels ; which the Scots taking notice of , were more sparing in communicating Counsels with him . The Winter being thus spent in the reviving of the Truce ; the Parliament Summon'd on the 25 th of Ianuary , was deferr'd till May. In the mean time , the Hamiltons , having , in vain , suborn'd many Men to kill the Regent , at last seiz'd upon the Tower of Pasley , driving out the Garison-Souldiers therein , thinking they might do such a thing with Impunity , whilst Mens Minds were imploy'd in greater Matters . The Regent appointed the Earl of Morton , Robert Petcarn , and Iames Macgil , his Embassadors to England , to reason the Matter with the Embassadors of other Princes , and sent them away February the 5 th , and he himself march'd to Pasley , where he summon'd in the neighbour-Nobility , that were of his Party , and attempted the Castle . The Besieg'd , he having cut off their Water , were forc'd to a Surrender . Afterwards , when Gilbert Kennedy infested the Royalists with his plundering Incursions in Carrick , he went to Aire ; and assoon as Kennedy heard of the Approach of a few Troops , being also afraid of his Clanships , who had been always Loyal to the King and his Party , he gave in his only Brother for an Hostage , and appointed a Day to come to Sterlin , and subscribe to the Capitulation , agreed on . Hugh Montgomery , Earl of Eglington , and Robert Boyd , follow'd his Example ; and surrendring themselves to the Regent , were by him receiv'd into Favour . During all this time , that the Regent was quelling the Seditious , and Morton was absent in his Embassy in England ; They that hold Edinburgh Castle ; being freed from the fear of their Enemies near at hand , ceas'd not to list Souldiers , to put Garisons in the most convenient Places of the City , to take away Provisions , which Merchants had brought to Leith , and to provide all things necessary to endure a Siege , till their expected Relief , from foreign Parts , might come . The Regent was sorely bruis'd by a fall from his Horse , and therefore return'd to Glasgow , where a common Souldier came to him , and gave him some hopes of surp●izing Dunbarton ; he had been a Garison-Souldier in the Castle there , and his Wife coming often to visit him , had been accus'd , and whipt for Theft , by Flemming the Governour . Her Husband , being an uxorious Man , and judging his Wife to have been wrongfully punish'd , departed from the Castle ; and from that Day forward , imploy'd all his thoughts , how he might do Flemming a mischief : Whereupon , he breaks the business to Robert Douglas , Kinsman to the Regent ; and promises him , That if he would assign a small Party to follow him , he would shortly make him Master of that Castle . Robert acquainted Iohn Cuningham with the Design , who was to enquire diligently of him , How so great an Attempt could be accomplish'd ? He , being a blunt rude Souldier , perceiving , that they boggled at him , because he could not well make out , How to accomplish , what he had promised . Since , said he , you do not believe my Words ; I 'le go on my self , the first Man in the Service ; if you will follow me , I will make you Masters of the Place ; but , if you be Dastards and Scoundrels , then let it alone . When his Speech was told to the Regent , though the thing it self , being great , had somewhat excited their Minds , and made them willing enough to have it done , yet the Author ( though they judg'd him faithful ) seem'd not a fit Instrument to effect so great a Matter : Whereupon Thomas Crawford , a valiant Man , and a good Souldier , was made acquainted with the Project , and 't was agreed betwixt them , rather to try the Hazard of so great and casual a Proffer , than slothfully to neglect such an Opportunity . Whereupon , a few Days were allotted to provide Ladders , and other Necessaries , and the Plot was to be executed on the first of April , for then the Truce granted to the Rebels , by the Mediation of the Queen of England , would expire . In the mean time , no Talk at all was to be made about it . Before I declare the Event of this Piece of Service , give me leave to tell you the Nature and Situation of the Castle of Dunbarton . From the Confluence of the Rivers Clyde and Levin , there is a plain Champaign of about a Mile , extended to the Foot of the adjoining Mountains ; and in the very Angle , where the two Rivers meet , there stands a Rock with Two Cops or Heads . The one Branch , or Cop , which is the highest , respects the West ; and in the very Top of it there is a Watch-Tower , from whence there is a large Prospect to all Parts thereabouts . The other Cop is lower , and looks towards the East ; between the two Cops , that Side that turns towards the North and the Fields , hath Stairs ascending obliquely by the Rock , cut out by Mens Hands , where hardly a single Man can go up at once . For the Rock is very hard , and scarce malleable by any Iron-Tool ; but if any Part of it be broken off by Force , or falls down of it self , it emits a Smell far and near , like Sulphur . In the upper Part of the Castle , there is an huge Stony Rock , of the Nature of a Load-stone , but so closely cemented , and fastned to the rest of the Rock , that no Joint at all , or Commissure , doth appear ; Where the River Clyde runs by to the South , the Rock ( naturally steep in other Parts , ) is somewhat bending ; and stretching out its Arms on both Sides , takes in some firm Land , which is so inclosed , partly by the Nature of the Place , and partly by human Industry , that , in the overthwart or transverse Sides thereof , it affords Place for many Houses ; and also , in the River , a Road for Ships , very safe for the Inhabitants , by playing Brass-Guns from thence ; but unsafe for an Enemy ; and small Boats therein may come up , almost to the very Castle Gate . The middle Part of the Rock , by which you go up , being full of Buildings , makes , as it were , another Castle , distinct and secluded from the higher one : Besides the Natural Fortification of the Rock , the two Rivers , Levin to the West , and Clyde to the South , make a kind of Graff and Trench about it ; on the East Side , when the Tide is in , the Sea washes the very Foot of the Rock ; when 't is out , that Place is not sandy ( as usually Shores are ) but muddy ; the fat Soil being dissolv'd into Dirt. This Strand is also intercepted and cut by many Torrents of Water , which tumble down from the Mountain , adjacent . The other side turns towards a plain Field , full of Grass . The Castle hath three Fountains in it , always running ; besides Springs of fresh Water in many other Places . The ancient Britains , as Bede says , call'd the Place Alcuith ; but the Scots , which were heretofore sever'd from the Britains by the River Levin , because that Fort was built on the Borders of the Britains , call'd it Dumbritton , now Dunbarton . There is a little Town hard by , of the same Name , upon the Bank of the River of Levin , about a Mile distant from the meeting of the Rivers . This Castle was accounted impregnable , and , in all foreign and civil Wars , was of great Advantage to them that held it , and as prejudicial to their Enemy . At that time , Iohn Flemming was Governor of it , by Commission from the banish'd Queen ; he , though he consented not to the King's Murder ; yet , having not a Force sufficient to defend himself against the Royalists , sided with the Parricides , and for four Years last past , had kept up the Garison at the Charge of the King of France , ( whom he had persuaded , That almost all the Scots had secretly confederated with the Queen of England ; ) yea , he had made a Boast to him , like a Bragadochio as he was , That he did , as it were , hold the Fetters of Scotland in his own Hands ; and when ever the French had leisure from other Wars , if they would but send him a little Assistance , he would easily clap them on , and bring all Scotland under their Power : And the French King was as vain , in feeding his senseless Humor , for he sent him some Military Provisions by one Monsieur Verack , whom he commanded to stay there , and to give him an Account of all Scotish Affairs . Besides , the Insolencie of the Governor was increas'd by the Treachery of the Garison-Souldiers of Edinburgh-Castle , who had lately revolted from the King ; and also , he was somewhat animated by the Sickness of the Regent , who was almost kill'd with a Fall from his Horse , and had now the Gout also ; and moreover he was incouraged by the Truce , which the Queen of England had obtained for them till the End of March. These things made him and his Garison-Souldiers so secure and negligent , that they went often to be merry into the Town , and would lie there all Night , as if they had been lull'd in the very Bosom of Peace . Matters standing in this Posture , and Preparation being made for the Expedition , as much as the present Haste would permit ; Iohn Cuningham was sent before with some Horse , to stop all Passengers ; that so the Enemy might have no Intelligence of their Coming . Thomas Crawford followed after with the Foot ; they were appointed to meet together at * Dumbeck , an Hill about a Mile or two from the Castle , about Midnight . At that Place Crawford ( as he was commanded ) told the Souldiers , What the Design was , they were to go upon , and How they were to effect it ; he shew'd them , who was to lead them on , and had promised to scale the Walls , first ; and then he , and those Commanders that would be noticed for their Valour , were to follow . The Souldiers were easily persuaded to follow their Leaders ; whereupon the Ladders were carried , and other things , to storm the Castle ; and the Foot , a little before Day , march'd on towards it . The Horse were commanded to stay in the same Place , to expect the Issue , whether good or bad . As they were approaching the Castle , they met with two Rubs or Checks ; One was , That the Bridg over the Brook , that runs between the Fields , was broken ; and Next , A Fire , appearing suddenly near it , occasioned a Suspicion , lest the Bridg was broken on Purpose to stop the Enemy ; and the Fire kindled by the Garison-Souldiers , to discover and prevent the Enemies Approach : But this Fear was soon dispell'd , by their repairing the Bridg , as well as they could , in such haste , and making it passable for the Foot ; and also the Scouts were sent out to the Place , where the Fire was seen , and they could find no Sign of any Fire at all ; so that the Fire was of a Meteorous Nature , like those Fires which are bred in the Air , and sometimes pitch on the Ground , and presently vanish away ; but they had a greater Cause of Fear , lest the Heaven which was all bespangled with Stars , and the Approach of the Day , should discover them to the Sentinels , that watch'd above ; but , behold ! on a sudden , a thick Mist covered the Heavens , yet so that it reach'd not beyond the middle Rock of the Castle , but the upper Part of it was so dark , that the Guards in the Castle could see nothing of what was done below . But as the Mist came seasonably , so there was another Misfortune , which fell out very unluckily , and had almost marr'd the whole Business : For , many Ladders being required to get up that high Rock , and the first were unmanageable , by reason of their Length ; they , being over-loaden with the Weight of those who went hastily up , and being not well fastned at Foot in a slippery Soil , fell suddenly down with those that were upon them : That Accident cast them into a great Consternation at present ; but when they found , that no Body was hurt in the Fall , they recollected their Spirits , which were almost desponding ; and , as if God Almighty had favoured their Design , they went on , upon that dangerous Service , with greater Alacrity , so that they set the Ladders up again , more cautiously ; and when they came to the middle of the Rock , there was a Place reasonably convenient , where they might stand , and there they found an Ash Shrub , casually growing amongst the Stones , which did them great Service , for they tied Ropes to it , and let them down ; by which means , they lifted up their Fellows , that were left below ; so that , at one and the same time , some were drawn up by the Ropes to the middle of the Rock ; and others , by setting other Ladders , got up to the Top thereof . There also they met with a new and unexpected Misfortune , which had almost spoiled all their Measures ; for one of the Souldiers , as he was in the middle of the Ladder , was suddenly taken with a kind of Fit of an Apoplexy , so that he stuck fast to the Ladder , and could not be pluck'd therefrom , but stopp'd the Way to those that would ascend . This Danger was also overcome by the Diligence and Alacrity of the Souldiers , for they bound him to the Ladder , so that when he recovered out of his Fit , he could not fall ; and then in great Silence , turning the Ladder , the rest easily ascended ; when they came to the Top of the Rock , there was a Wall built by Hand , to which they were to put their third Ladders , to get over it . Alexander Ramsy , with two Files of Musqueteers , got upon it ; the Sentinel presently spied him , gave the Alarm , and cast down Stones upon him , and his Men ; Alexander being assaulted with this unusual kind of Fight , as having neither Stones to throw again , nor an Helmet to defend him , yet leap'd down from the Wall into the Castle , and there was set upon by Three of the Guard ; he fought it out valiantly with them , till his Fellow-Souldiers , being more solicitous for his Danger , than their own , leapt down after him , and presently dispatch'd the three Sentinels . In the mean time , the rest made what haste they could , so that the Wall being old , loose , and overcharged with the Weight of those who made haste to get over it , fell down to the Ground ; and by its Fall , as there was a Breach made for the rest to enter , so the Ruins made the Descent more easy through the Rock , that was very high and rugged within the Castle ; whereupon , they entred in a Body , crying out with a great Noise ; For God and the King ; and often proclaiming the Name of the Regent also ; so that the Guards were amazed , and forgot to fight , but fled every one to shift for himself , as well as he could ; some kept themselves within Doors , till the first brunt of the Souldiers Fury was over . Flemming escaped the Danger , by slipping down through the oblique Rock , having but one in his Company , who was knock'd down , and fell , but he , descending a by-way , was let out at the Gate , and so got into a Vessel on the River , which , by reason of the Tides being in , came up to the Walls of the Castle , and so fled into Argyle . The Sentinels of the lower Castle , and twenty five more of the Garison-Souldiers , who had been Drinking and Whoring in the Town all Night , taking the Alarum , never offered to fight , but fled every one which way he could . There were taken in the Castle Iohn Hamilton Arch-bishop of S. Andrews ; Iohn Flemming of Bogal ; a young English Gentleman , that had fled from the last Insurrection in England ; Verac the French Man , who , a good while before , had been sent to them with some Warlike Furniture and Provisions , and staid there in the Name of his King , to acquaint the French King with the State of Scotish Affairs : Alexander , the Son of William Levingston , endeavoured to escape by changing his Habit , but was discovered , and brought back . The Regent being inform'd of the taking the Castle , before Noon came thither : 1 st . He highly commended the Souldiers , then he comforted Flemming's Wife , and gave her not only her own Furniture , Plate , and all her Houshold-stuff , and Utensils , but also assigned an Estate , part of her Husband 's , which had long before been forfeited into the King's Exchequer , to maintain her Self and Children : The rest of the Booty was allowed the Souldiers . Having setled things thus , he had Leisure to take a View of the Castle ; and coming to the Rock , by which the Souldiers got up , it seem'd so difficult an Ascent to them all , that the Souldiers themselves confess'd , if they had foreseen the Danger of the Service , no Reward whatsoever should have hired them to undertake it . Verac was accused by the Merchants , that , whereas they came into the Bay of Clyde , he had robb'd them in an Hostile Manner : Whereupon , many of the Council were of Opinion , he should have been Indicted as a Pirate or Robber ; but the empty Name of an Embassador prevailed more with the Regent , which yet he himself had violated by his flagitious Actions : Wherefore , that the despoil'd Persons might be kept in some Hope ( at least ) of Satisfaction from him ; he was kept seemingly for a Trial , and lodg'd in an House at St. Andrews , whose Owner was inclined to the Rebels ; whence he was taken away , as 't were by Force , which was the thing aim'd at , and so he speedily departed . The English-Man , though many Suspicions were fix'd upon him ; and besides , the Commendatory Letters of Iohn Lesly Bishop of Ross to Flemming , which were found after the Castle was taken , did convict him , yet he was sent home ; but , after he was gone , 't was found , that he was suborn'd by the Norfolkians to poison the King of Scots : Bogal was kept Prisoner . There was one Prisoner more , which the Governour most desired to have punish'd , That was the Bishop of St. Andrews : He , in former times , while his Brother was Regent , had advised him to many cruel and avaricious Practices ; and under the Queen also , he bore the Blame of all Miscarriages . The Regent feared , if he should delay his Punishment , the Queen of England would intercede for him , and the Arch-bishop's Friends were in great Hopes of it ; and , lest Straitness of time should prevent them , the Arch-bishop earnestly desired , he might be tried by the Legal Way of the Country , for that would occasion some , though not much Delay . But these Interposals were over-ruled , it being alleged , That there was no need of any new Process , in the Arch-Bishops case , for it had been already judg'd in the Parliament . Wherefore he , being plainly convicted as guilty of the King's Murder , and of the last Regents also , was hang'd at Sterlin . There was then new Evidence brought in against him , for , the greatest Part thereof had been discovered , but lately . The Arch-Bishop of St. Andrews , who lodg'd in the next House , when the Proposition of killing the King was made to him , willingly undertook it , both by Reason of old Feuds between their Families , and also an Hope thereby to bring the Kingdom nearer to his Family ; whereupon , he chuses out six or eight of the most flagitious of his Vassals , and commended the Matter to them , giving them the Keyes of the King's Lodgings ; they then enter very silently into his Chamber , and strangle him , when he was asleep ; and when they had so done , they carried out his Body through a little Gate , ( of which I spake before ) into an Orchard adjoining to the Walls ; and then a Sign was given to blow up the House . The Discovery of this Wickedness was made by Iohn Hamilton , who was a chief Actor therein , upon this Occasion : He was much troubled in his Mind , Day and Night , his Conscience tormenting him for the Guilt of the Fact , and not only so , but , as if the Contagion reach'd to his Body too , That also was miserably pained and consumed by degrees ; endeavouring all ways to ease himself , at last he remembred , That there was a School-Master at Pasley , no bad Man , who was yet a Papist ; to him he confesses the whole Plot , and the Names of those who joined with him in perpetrating the Murder : The Priest comforted him , what he could , and put him in mind of the Mercy of God ; yet , because the Disease had taken deeper root , than to be expiable by such slight Remedies , within a few days , he was overwhelmed with Grief , and died . The Priest was not so silent in the thing , but that some inkling of it came to the King's Friends . They , many Months after the Murder was committed , when Matthew , Earl of Lennox , was Regent , and when Dunbarton was taken , and the Bishop brought to Sterlin , caused the Priest to be sent for , thither : He then justified , what he had spoken before , about the King's Murder ; whereupon , being ask'd by Hamilton , How he came to know it ? Whether 't were revealed to him in Auricular Confession ? He told him , Yes ; then said Hamilton , You are not ignorant of the Punishment due to those , who reveal the Secrets of Confessions , and made no other Answer to the Crime . After fifteen Months or more , the same Priest was taken , saying Mass the third time ; and , as the Law appointed , was led out to suffer ; then also he publickly declared all , that he had before affirm'd in the thing , in plainer and fuller words , which were so openly divulged , that now Hamilton's Vassals fell out amongst themselves , and one of them charged another with the King's Death . In the mean while , the Rebels had procured some small matter of Mony from France , by means of the Brother of him , who commanded Edinburgh-Castle . And moreover , Morton was returned from his English Embassy , and , in a Convention of the Nobles held at Sterlin , declar'd the Effect thereof , in these Words ; When we came to London , February 20. we were put over to a Council , chosen out for that purpose ; who , after much Dispute betwixt us , at last , insisted upon two Points , First , That we would produce the clearest and best Arguments we had , to evidence the Justness of those Actions , which had pass'd in Scotland , both formerly and now , that so the Queen might be satisfied in the Equity of them , and thereby know how to answer those , who demanded a Reason for them : If we could not do That , yet the Queen would omit nothing which might conduce to our Safety . In Answer to which , we gave in a Memorial to Them , to this effect ; The Crimes , wherewith , at first , our King's Mother alleged , that she was falsly charged with , have been so clearly prov'd by the Earl of Murray , and his Associates in that Embassy , That both the Queen her self , and those , who were delegated by her , to hear the Cause , could not be ignorant of the Author of the King's Murder , which was the Source of all our other Miseries : To repeat them again before the Queen , who , we doubt not , is therein sufficiently satisfied already , we think it not necessary ; and besides , we our selves are unwillingly drawn into the Task of repeating the Memory of so great a Wickedness . But they , who cannot deny , that this Fact was cruelly and flagitiously perpetrated , yet do calumniate the Resignation of the Kingdom , and the Translation of the Government from the Mother to the Son , to be a new and grievous thing , extorted from her by mere Force . First , as for the Matter of Fact , in punishing our Princes , the old Custom of our Ancestors will not suffer it to be called new ; neither can the Moderateness of the Punishment make it invidious : 'T is not needful for us to reckon up the many Kings , whom our Forefathers have chastis'd by Imprisonment , Banishment , yea , Death it self ; much less need we confirm our Practice by foreign Examples , of which there are abundance in old Histories . The Nation of the Scots being at first free , by the common Suffrage of the People , set up Kings over them , conditionally , That , if need were , they might take away the Government by the same Suffrages that gave it : The Footsteps of this Law remain to this very Day , for , in the circumjacent Islands , and in many Places of the Continent too , which have retained the ancient Speech and Customs of our Fore-fathers to this Day ; the same Course is yet observed , in creating their Magistrates . Moreover , those Ceremonies , which are used in the Inauguration of our Kings themselves , have an express Representation of this Law , by which it easily appears , That Kingly Government is nothing else , but a mutual Stipulation betwixt King and People ; and the same is most clearly evidenced by the inoffensive Tenor of the Old Law , which hath been observed ever since there was a King in Scotland , even unto this present time , no Man having ever attempted to abrogate , abate , or diminish this Law , in the least . 'T is too long to enumerate , How many Kings our Ancestors have put by their Kingdoms , have banish'd , have imprison'd , have put to Death ; neither is there the least mention made of the Severity of this Law , or the abrogating thereof , and that on good Grounds : For 't is not of the Nature of such Sanctions , which are subject to the Mutations of Time ; but , in the very Original of Mankind , 't was ingraven in Mens Hearts , approv'd by the mutual Consent of almost all Nations , and , together with Nature it self , was to remain inviolate and sempiternal ; so that these Laws are not subject to the Empire of any Men , but all Men subject to the Dominion and Power of Them. This Law prescribes to us in all our Actions , 't is always before our Eyes and Minds , whether we will or no ; it dwells in us : Our Ancestors followed it , in repressing the Violence of Tyrants by armed Force . 'T is a Law , not proper to the Scots only , but common to all Nations and People in well-instituted Governments . To pass by the famous Cities of Athens , Sparta , Rome , Venice , who never suffer'd this Right to be taken from them , but with their Liberty it self : Even in those Times , wherein Oppression and Tyranny were most triumphant in the Roman Government , if any good Man were chosen Emperour , he counted it his Glory , to confess himself inferiour to the whole Body of the People , and to be subject to the Law. For Trajan , when he delivered a Sword to the Governour of a certain City , ( according to Custom ) is reported to say , Vse it either for me , or against me , as I deserve : Yea , Theodosius , a good Emperour in bad Times , would have it left recorded amongst his Sanctions and Laws , as a Speech worthy of an Emperour , yea , greater than his Empire it self , to confess , That he was inferiour to the Laws : Yea , the most barbarous Nations , such as were most remote from all Civility , had a Sense and Knowledg hereof , as the History of all Nations , and common Observation , shews . But , not to insist on obsolete Examples , I will produce Two in our own Memory ; Of late , Christiern of Denmark , for his Cruelty , was driven out of the Kingdom , with all his Lineage , a greater Punishment than ever our People exacted from any of their Kings , for they never punish'd the Sins of the Fathers upon their Children . As for him , he was deservedly punish'd , after a singular manner , as the Monster of his Age , for all kind of Wickedness . But what did the Mother of the Emperour , Charles the Fifth , do , as to deserve perpetual Imprisonment ? She was a Woman in her flourishing Age , and her Husband died young , even in the Prime of his Age ; it was reported , She had a mind to marry again , she was not accus'd for any Wickedness , but for a certain allowable Intemperance , ( as the severe Cato's of the Age speak ) ; and , as the publick Manners now are , of an honest Copulation , approved by God's and Man's Law , both . If the Calamity of our Queen be compared with Christiern's of Denmark , she is not less an Offender , ( to say no more , ) but she hath been more moderately proceeded against and punish'd : But , if she be compared with Ioan of Austria , Charles his Mother , what did that poor Lady do , but desire , as far as lawfully she might , a Pleasure allowed by the Law , and a Remedy necessary for her Age ? Yet , being an innocent Woman , she suffer'd that Punishment , of which our Queen , convict of the highest Wickedness , doth now complain : The Murder of her lawful Husband , and her unlawful Marriage with a publick Parricide , have now those same Deprecators , who , in killing the King , did inflict the Punishment , due to wicked Men , on the Innocent . But here they remember not , what the Examples of their Ancestors do prompt them to do ; neither are they mindful of that eternal Law , which our noble Progenitors , even from the first beginnings of Kingdoms , having followed , have thereby restrain'd the Violence of Tyrants . And , in our present Case , what have we done more , than trod in the Steps of so many Kingdoms and free Nations , and so bridled that Arbitrariness , which claim'd a Power above Law ? And yet , we have not done it with that Severity neither , as our Ancestors have us'd in the like kind ; for they would never have suffer'd any one , who had been found guilty of such a notorious Crime , to escape the Punishment of the Law. If we had imitated Them , we had been free from fear of Danger , and also from the Trouble of Calumniators ; and , that may be easily known by the Postulations of our Adversaries . How often have they criminated and arraigned us before our Neighbour-Princes ? What Nations do they not solicite , and stir up against us ? What do they desire by this Importunity ? Is it only . That the Controversy may be decided by Law and Equity ? We never refused That Condition ; and they would never accept of It , though 't were often offer'd them . What then do they desire ? Even This , That we should arm Tyrants , by Publick Authority , who are manifestly guilty of the most notorious Wickedness , who are stuff'd with the Spoils of their Subjects , besmear'd with the Blood of Kings , and aim at the Destruction of all good Men ? Shall we set them up over our Lives , who are found Actors in the Parricide , and shrewdly suspected to be the Designers of it , without acquitting themselves in a Judiciary way ? And yet , we have gratified their Request , more than the Custom of our Country , the Severity of the Law , or the Distribution of equal Justice would allow . There is nothing more frequently celebrated , nor more diligently handled , by the Writers of our History , than our Punishment of evil Kings . And amongst so many peccant Governours , who ever felt the like Lenity of angry Subjects , in inflicting Punishment , as we have used in punishing our King's Mother , though evidently guilty of a most atrocious Crime ? What Ruler , standing convict of Murder , had ever power given to substitute a Son , or Kinsman in his , or her , place : To whom , in such Circumstances , also was the Liberty ever granted , to appoint what Guardians they pleas'd , to the succeeding King ? And in the very Abjuration of the Kingdom , Who can complain of any hard Usage ? A young Woman , unable to undergo the Burden , and toss'd by the Storms of unsettled Affairs , sent Letters to the Nobility , to free her from That Government , which was as burdensom to her , as it was honourable : It was granted her : She desir'd the Government might be transferr'd from her to her Son ; her Request was assented to : She also desir'd to have the Naming of the Guardians , who might manage the Government , till her Son came to be of Age ; it was done , as she desir'd : And , that the thing might have more Authority , the whole Matter was referr'd to the Estates in Parliament , who Voted , That all was rightly done , and in good order , and they confirm'd it by an Act , than which there cannot be a more sacred and a firmer Obligation . But 't is alleged , What was done in Prison , is to be taken , not as done willingly , but forc'd by Durance , for fear of Death ; and so many other things , which Men are inforc'd to do for fear , are wont , as they ought , to go for Nothing . Indeed , this Excuse of Fear , as sometimes it is , not without reason , admitted by the Judges , so it doth not always infer a just Cause for abolishing a publick Act , once made , in a Suit of Law ; if a Man strike a Fear into his Adversary for ones own Advantage , and so the Plaintiff extorts more from the Defendant , than he could ever obtain by the Equity of the Law : Those Remedies are most rightfully and deservedly provided against such , as are either terrified by Compulsion , or inforc'd by Fear , to do what is prejudicial to themselves . But 't is otherwise , If a guilty Conscience creates a Fear to it self , out of an Expectation of a deserved Punishment , to avoid which , he assents to some certain Conditions : This Fear carries with it no just Cause to rescind publick Acts ; for otherwise , the wickeder a Person is , so much the easier Retreat he might have to the Sanctuary of the Law ; and then , the Remedies found out for the Relief of the Innocent , would be transferred to indemnify the Nocent . And the Laws themselves , the Avengers of Wrongs , would not be a Refuge to good Men , when vex'd by the Improbity of the Bad ; but an unjust Shelter to the Evil , when they fear deserv'd Punishment . But that Fear , let it be what it will , wherein hath it made the Condition of the Queen , the worse ? The Title of Kingly Dignity , and the Power of Government , was long since taken from Her by Parliament ; and being reduc'd to her Privacy , she liv'd a precarious Life , upon the account of the Peoples Mercy , not her own Innocency ; When therefore she was put by the Kingdom , what did she lose by her fear ? Her Dominion was ended before , she only cast away the empty Name of Ruler , and that which might lawfully have been extorted from her against her Will , she parted with of her own accord , and so redeem'd the residue of her Life , the Sentiment of her Infamy , the perpetual Fear of imminent Death , which is worse than Death it self , only by the laying down the Shadow of a mere Title and Name . And therefore , I wonder , that , on this Head , no Body discovers the Prevarication of the Queen's Delegates , and of her Embassadors . For they , who desire , That what was done in Prison , by the Queen , may be undone , ask this also , That she may be restor'd to that Place , from which , she complains , she was ejected , through Fear . And what is that Place , to which they so earnestly desire , she should be restor'd ? She was remov'd from governing the Kingdom before , all publick Administration was taken away from her , and she was left to the Punishment of the Law. Now these goodly Advocates , forsooth , would have her restor'd to that Place , as to plead for her self in a Cause which is as manifest , as 't is foul and detestable ; or , rather , it being already prov'd , that she should suffer just Punishment for the same . And whereas , now she injoys some ease in the Compassion of her Kindred , and , in so foul an Offence , is not in any of the worst Cases , they would again cast her into the tempestuous Hurry of a new Judgment ; She having no better hope of her Safety , than she can gather from the Condemnation of so many former Kings , who have been called before Judges to answer for themselves . But , because our Adversaries do seditiously boast , to trouble the Minds of the simpler Sort , That the Majesty of good Kings is impair'd and their Authority almost vilifi'd , if Tyrants be punish'd , let us see , what Weight there is in this Pretence . We may rather contrarily judge , That there is nothing more honourable for the Societies and Assemblies of the Good , than if they are freed from the Contagion of the Bad. Who ever thought , that the Senate of Rome incurr'd any Guilt , by the Punishment of Lentulus , Cethegus , or Catiline : And Valerius Asiaticus , when the Souldiers Mutined for the Slaughter of Caligula , and cry'd out , to know , Who was the Author of so audacious a Fact. He answer'd from an high and lofty Place , where he stood , I wish , I could truely say , I did it ; So much Majesty there was in that free Speech of one private Man , That the wild common Souldiers were presently dissipated and quieted thereby . When Iunius Brutus overthrew the Conspiracy , made for bringing back Kings into the City , he did not think that his Family was stained by a nefarious Slaughter ; but that , by the Blood of his Children , the stain was rather wiped away from the Roman Nobility . Did the Imprisonment of Christiern of Denmark detract any thing from the Commendation of Christiern , the next King ? What hindred , but that he might have been accounted the best of Kings , in his time ; For a noble Mind , that is supported by his own Virtue , doth neither increase by the Glory , nor is lessened by the Infamy , of another . But to let these things pass , let us return to the Proof of the Crime . I think , we have abundantly satisfi'd the Queen's Request ; her desire was , That we should shew her such strengthning and convincing Proofs , for what we have done , that she might be satisfied in the justness of our Cause ; and also , be able to inform Others , who desir'd to hear , what we could say for our Selves . As for the King's Murder ; the Author , the Method , and the Causes thereof , have been so fully declar'd by the Earl of Murray and his Fellows in that Embassy , that they must needs be clear to the exact Judgments of the Queen , and those Others , delegated by her to hear that Affair . As for what is objected to us , as blame-worthy , after that time , we have shewn , That 't is consentaneous to the Divine Law , and also to the Law of Nature , which too is , in a sort , Divine ; Moreover , 't is consonant to our own Country-Laws and Customs ; Neither is it different from the Usage of other Nations , who have the Face of any Good and just Government amongst them ; Seeing then , that our Cause is justifi'd by all the Interpreters of Divine and Human Laws ; seeing the Examples of so many Ages , the Judgments of so many People , and the Punishments of Tyrants do confirm it , we see no such Novelty ( not to say , Injustice ) in our Cause , but that the Queen her self might readily subscribe to it ; yea , and persuade others , that , in this Matter , they should be no otherwise opinionated of us , but that we have carried our Selves like good Subjects and Christians , too . These were the Allegations , which , we thought fit , to make to justify our Cause , which we committed to writing , and read them the last day of February , before those grave and learned Persons , whom the Queen had appointed to confer with us , on this Subject ; and the next Day , which was March the first , We again went , in the Morning , to Court , to learn , how she relish'd our Answer , and what Judgment she made of the whole Cause ; but , because she , that Day , was going to her Country-House , called Greenwich , about three Miles below London , we had no Opportunity to speak with her ; What was Next to that , we went to the Chief of the Council , who , at first , were appointed to hear and transact with us ; They told us , That the Queen ( though she had very little spare time , in regard of the Journy , and other Business , yet ) had read our Memorial : But she was not yet so fully persuaded , that our Cause was so just , that She could approve it without Scruple ; and therefore , she desired us to go to the Second thing , at first proposed by us , which was , To find out some Way , whereby this Dispute might be ended , upon some moderate or handsom Conditions . Whereunto we replied , That we were not sent from home with an unbounded Commission , but One circumscribed within certain Limits ; so that we had no Freedom to enter into any Debate at all , of what might in the least diminish the Authority of our King ; and if such a Liberty had been offered us , yet we should have been unwilling to accept it ; or to make use of it , if accepted . Matters standing thus ; the Queen being at Greenwich , and we at London , we sent some of our Number to her , to know , Whether she had any thing more to say to us ? if not , that we might have Liberty to depart home , there to consult , what we could , the Good of our Country , and our own private Concerns : And if there were any thing , we might gratify her Majesty in ; We were willing to shew our Obsequiousness and Respect therein ; yea , we should take more Opportunity to shew it at home , than we could have now in anothers Dominions . This Demand procur'd us a Summons to appear at Court , the 5 th of March : When we were come into her Presence , she mightily blam'd our stifness in maintaining our conceiv'd Opinion , and that we did so pertinaciously shun a Dispute , or rather a Consultation , about a Matter so much concerning our Security ; She also added a large Declaration of her Mind and Will anent the King , and Those who maintain'd his Cause . We urg'd , that the Justness of our Cause had been clearly enough declar'd , before . She answer'd , that she was not satisfi'd in her Mind , with the Examples and Arguments produc'd by us ; neither , said she , am I wholly ignorant of such Disputes , as having spent some of my former time in the Study of the Law : But , says she , if you be fully determin'd to make no other Proposal for your King's Safety , and your Own ; yet , I would have you , at least , enter upon another Conference , with the Chief of my Council , who treated with you about these things , before . We answer'd , That we were not at all so stiffly wedded to our own Opinions , as not to be willing to hear any good Expedient , that might be offer'd by her , or her Counsellors ; always with this Proviso , That no Alteration be made in the present State of the Kingdom ; nor any Diminution at all of the King's Authority : For , upon those Two Heads , we neither could , or would , admit the least Consultation or Debate . The Day after , we went down again to the Queen's Palace , ( as we agreed ) and entred into a Conference with her Counsellors , where many Proposals were made by them to decide the Controversy , between Mother and Son , concerning the Title to the Government ; We , because the Reasons were many , and concerning Matters of such great Moment on both sides , desir'd , That we might have them given to us in writing , and Time allowed us , to consider of Things of such great Consequence . They were very ready to do it , having first consulted the Queen . When we had ran Them all over in order , the Matters propos'd seem'd so difficult to us , and also so derogatory to the Power of the King ; and withal , so exceeding the Bounds of our Embassy and Commission , that we neither would , could , nor durst , touch upon them . The Day after , Robert Petcarn was sent to Court with this Answer , That such Matters did belong to the Decision of all the Estates , and were not to be disputed by so small a Number of Persons as we were . He also carried our Answer to Them , who the Day before , viz. the 4 th of March , had desir'd to have all in writing . Further , he earnestly desir'd the Queen , that , seeing they had executed all the points within the Bounds of their Commission ; They might have leave to return home . Ten Days after , we had liberty to attend the Queen : The Delegates of the Council , who , from our first coming , were appointed to treat with us , were very urgent , That we would yet treat with them , about finding out some Remedies , to compose Things ; They us'd many Arguments to that purpose , telling us , That if War from abroad should be added to our Troubles at home , our Labours , Dangers and Difficulties would be doubled , especially , being not able to extricate our selves by our own Forces . But we persisted in our Resolution , and would hearken to no Model of Accommodation , which lessened the King's Authority , and so that Day ended . The next Day , which was the 20 th of March , we were sent for again to Court , and being commanded to come to the Queen , she spake to us to this purpose ; That she , and her Council , had weigh'd our Answers , by which she understood , That none but a Supream Council , or Parliament of Scotland , consisting of all the Estates , could give a certain Answer to her Demands ; and thereupon , she had found out a Way , how to leave the matter intire , as she found it , and with an honest Pretence too . She was inform'd , that there was shortly to be a Convention of all the Estates in Scotland , thither we should go , and God speed us well , and therein we should endeavour , that an equal Number of both Factions should be chosen to examine the Grounds of the Difference betwixt them ; and that she also would send her Embassadors thither , which should join Endeavours with Those , to promote a Peace ; In the mean time , she desir'd , That the Pacification might be renew'd , till the Matter was brought to some Issue . She said also , That she would confer with the Queen of Scots Embassadors , and persuade them , if she could , to the same . But when 't was mov'd to Them , they excus'd themselves , saying , That they could determine nothing on that head , without consulting the Queen ; but , that they would write to her to know her Pleasure in the Case . Yet we prest hard to have our Convoy to return , as was promised us , but were desir'd to have a little Patience , till an Answer was return'd from the Scots Queen to the Bishop of Ross , and the rest of her Embassadors , and then we should have our Dismission . We urg'd our Return still , but without effect , though we told her , we had nothing to do with the Bishop of Ross , neither was our Embassy to him , we had ended what we came for , and did much wonder , why the Bishop of Ross should retard our Journy , especially , since so many Tumults were rais'd in our Absence , to the great Inconvenience of the King's Party : But though our Importunity was almost Shameless , yet we could not prevail , for the Matter was deferr'd from Day to Day , till the last of March , and then the Queen return'd to London . The Things which were acted in Parliament , for 3 Days after , did so take up the Queen , that she had no leisure to debate foreign Matters . But the 4 th of April , she sent for us , and excus'd the Delay ; She told us , That our King's Mother had by her Letters grievously chid her Embassadors for their Presumptuous Confidence in descending to debate her Cause after that Fashion , and therefore , say's the Queen , seeing they are so averse from the Way of Concord , which I propose , I will detain you no longer ; but if she hereafter repent of her present Sentiment , ( of which I have some hope ) and take the Course chalkt out by me , I do not doubt , but you , for your part , will perform your Duty . Thus we were lovingly and kindly Dismist , and , the 8 th Day of April , began our Journy towards our own Country . This Account was given at Sterlin by the Embassadors before the Convention of the Estates . Whereupon , the Care and Diligence of the Embassadors were unanimously approv'd . Other Matters they referr'd to the first of May , a Parliament being summon'd against that time . In the mean time , both Parties bestir themselves , one to promote , the other to hinder , the Assembling thereof . The wisest Senators were of opinion , That the Queen of England would never let the Scot's Queen depart ; as foreseeing , how dangerous her Deliverance would be to all Britain . In the interim , Mention was made by some , of demanding the Scot's King , as an Hostage for his Mother , rather in hopes to hinder a Concord , than to establish it ; for she was well assur'd , that the Scots would never yield to it ; but there were some potent Men in her Council , who did secretly favour the Duke of Norfolk's Faction ; These were desirous , that the Queen of Scots should be deliver'd , and thereby the adverse Faction might , in tract of time , be broken and diminish'd , that so , they might obtain that Point from her by Necessity , which , they saw , they could not otherwise do ; neither did they doubt , but the Matter would come to that Pass , if the R●bels were assisted with Mony and other Furniture for War from France , and the Royalists had their Eye only on the Queen of England ; who had , at the beginning , largely promis'd them , upon understanding the flagitious Act of the Queen , that she would take a special care of the King and Kingdom of Scotland . Neither could the French King well compass his Designs . He was willing , the Scot's Queen should be deliver'd , but not that the King should be put into English Hands ; and hearing , how strong the Norfolk Faction was , which was all for Innovations , he did not despair , but that the Scot's Queen might , in time , escape out of Prison privately , or be deliver'd by his Means . Thus stood the State of Britain , at that time . Morton , having given a laudable Account of his Embassy to the Convention at Sterlin , return'd to his own House about 4 Miles from Edinburgh ; he had a Company of 100 Foot , and a few Horse to guard his House , and to defen● himself , if the Townsmen should attempt to make any Excursion , till more Forces might come in . In the mean time , the Queen's Faction were Masters of the Town , and set Guards in all convenient Places ; and levell'd all their Designs to exclude the Regent , and to hinder the Parliament , which was Indicted to be held at Edinburgh . Whereupon Morton was commanded , by the Regent , with 20 Horse and about 70 Foot ( for the rest had Passes to go abroad for Forage ) to march to Leith ; who was to make a publick Proclamation there , ( for they had garison'd Edinburgh already ) That no Man should assist the Rebels by Land or Sea , either with Provision , Arms , or any other warlike Furniture ; they that did so , were to undergo the same Punishment with them . They , knowing themselves to be inferior to the Town-Souldiers , sent their Foot another Way about , which was cover'd by an Hill from the Sight of the City , ( commonly call'd Arthur's Seat ) and the Horse past near the Walls and Gates of the City , not a Man of the Enemy stiring out . When they had done , what they were commanded to do at Leith , they had not the same Fortune at their Return , for the Foot refus'd to march back the same Way that they came , but return'd , against the will of the Horse , near the Gates of the City , and so pass'd with them , under the Walls , with an intent to try , what Metal themselves were made of , and their Enemies , too ; when , lo , on a sudden , a Sally was made out against them from Two of the Gates . At first , they fought Manfully , so that the Oppidans were driven back in disorder into the Town , with no great loss , 't is true , yet , it easily appear'd , that they were Inferior in Valour , though Superior in Number . The Regent , having nothing in readiness to assault the Town , and having no time neither , by reason of the sudden Sitting of the Parliament , to bring any great Guns thither , thought it better to desist from Force , and to hold the Parliament without the Gate of Edinburgh ; For that City being stretch'd out mostly in Length , they , who first compassed it with a Wall , left a great Part of it in the Suburbs ; yet so , that the Inhabitants of that Part had the full priviledg of Citizens , as well as those within the Walls . There the Convention was held , for the Lawyers gave their Opinions , That 't was no great Matter , in what Part soever of the City , it met . In this Parliament , These were declar'd Traitors , viz. The chief of Them who held out the Castle , especially those , who , out of Consciousness of their guilt of the King 's and Regent's Murders , had avoided Tryal . The Rebels being thus condemn'd by an Act of Parliament ( The Judgment of which Court is of very great Authority , ) lest the Commonalty , which ordinarily is at the beck of the Nobility , should be alienated from them , They also , of the Number which they had there , made up a Convention , such as it was . Few appear'd there , who had any lawful right to Vote ; and of them , some came not into the Assembly at all ; some presented themselves , but as Spectators only , abstaining from all Judiciary Actings ; so that they , having neither a just Number of Voices , nor were they assembled , either in due Time , or according to ancient Custom ; yet , that they might make shew of a lawful sufficient Number , Two Bishops , and some Others which were absent ( a thing never heard of before ) sent in their Votes , in writing , at hap-hazard , as being doubtful of the Event of that Assembly . At this time , the Castle continually plaid with great Guns upon the Place , where the Nobles were Assembled , and though the Bullets often fell amongst crouds of People , yet they neither hurt , nor kill'd , so much as one Man. There were but few condemn'd in either Convention ; and both Parties appointed another Convention to be held in August , one at Sterlin , the other at Edinburgh . When the Assembly was dismist , neither Party issued out one upon other , so that there was a kind of Truce between them . Thereupon the greatest part of the Souldiers , that were with Morton , being press'd Men , slipt away to their own homes . They , who kept the Town , knew , That Morton had but a small Party for his Guard , and being willing also to cry quits for their former ignominious Repulse , they sent out 220 Musqueteers , and a 100 Horse ; they carried two Brass Field-Pieces along with them , intending either to burn the Town of Dalkeith , where Morton then was ; or , if That succeeded not , to frighten the Enemy , and keep him within the Town ; and if they could thus put him into a Fright , they intended to make their Braggs thereof all over the Country . They shewed themselves , well accoutred , on an Hill over against Dalkeith ; Whereupon , they at Dalkeith , being alarm'd , cry'd presently , Arm , Arm. The Mortonians drew out immediately , being 200 Foot , and about 60 Horse , and mounted a little an opposite Hill , and then again descending into the Vally and Plain , they stood over against them , ready to fight : Some Archers picquered and skirmished on both Sides , and there was a light Onset ; but the Rebels , who expected to find their Enemies unprepared , being disappointed of their Hope , march'd back , in as entire a Body as they could , to recover the City ; and thus some pressing upon Others , in the Eagerness of their Retreat , they came to Cragmiller-Castle , scituate almost in the Mid-way between Edinburgh and Dalkeith . There a few of Morton's Foot , which past by the Castle privately on the other side , rose from their Ambush , and assaulted the Enemies Body , in the strait Passage of the Way , which was between them , and so disorder'd their Ranks , and put them to Flight : They , who kept Garison in the Castle of Edinburgh , perceiving from the higher Ground , that their Men were flying toward them , sent out 80 Horse , and 30 Foot , to relieve them ; with this Supply , they charg'd again , and the King's Horse , being fewer in Number by half , and not able to indure the brunt , fled back in as much haste as they had pursued before . The Foot was in a manner useless on both sides , because of a great Shower that fell suddenly from the Clouds . In the Pursuit of the Mortonians , there were but Two slain , more were wounded , and about 26 taken Prisoners : Of the Rebels , there were more slain , but fewer Prisoners taken . But one Accident did almost equal the Loss of both Parties : They which came from Edinburgh , brought with them a Barrel of Gun-powder , and as the Souldiers , in haste and carelesly , went to take out some Powder , a Spark of Fire light into it , and blew it up , insomuch that the Horse which carried it , Iames Melvil , the Commander of the Foot , and many other Souldiers , were so scorch'd and burnt , that the most Part of them , in a few Days after , died . Whilst these things were acting about Edinburgh , Victory inclining to neither Side , one Troop of the Scots , who , some Years before , had serv'd in Denmark , under Michael Weems , a noble , virtuous , and learn'd young Man , return'd into their own Country , and offer'd their Service to the King , against the Desires of the Townsmen , who would willingly have drawn them over to their Party . They had a little Time allow'd them to visit their Friends ; and coming together at the Day appointed , they were imform'd , That some Ships were mann'd out by the Rebels , to intercept them . Morton himself was aware of the Plot , and therefore taking what Force he could , on a sudden , make , without acquainting any Body with his Design , he came so hastily to Leith , that he had almost catch'd them , before they went a Ship-bord , sixteen of the Loiterers , who did not make such haste to lanch out their Boat , he took Prisoners , on the Shore . The next Day , he provided Ships , either to follow them , ( he could not do it sooner , because of the Tide ) or , to intercept them in their Return . The Regent also was made acquainted with it the same Night , who , speedily gathering some Tumultuary Force , hastned to the left Shore of the Fort , to set upon the Rebels , when they landed : But the Speed of the Danish Souldiers rendred those Endeavours needless , for the greatest Part of them got aboard a large Vessel , and so past safely over . The rest , who were in a smaller Skiff , were taken , not far from Leith , and , being about twenty six , were brought Prisoners to the Castle . After this Action , the Regent returned to Sterlin : Morton , being overladen with Labour and Watching , and troubled with the Cholick too , fell sick at Leith . Drury , the English-Man , who had transacted for a Truce between the Factions for so many Days , could , finally , effect nothing ; for the Regent would yield to no other Terms , but that the Places , which were seized on , during the former Truce , should be restored . When Drury was about to depart , the Rebels , as 't were in Testimony of Respect and Complement to him , drew forth all the Strength that ever they could make , supposing , That whilst Morton was sick , they should either put their Enemies into a terrible Fright , who were inferior in Number to themselves ; or else , if they durst fight , with the Force they had , without their General , they might do some considerable Execution upon them , toward the ending of the War. Morton being imform'd hereof , by his Guard of Horse , rose presently out of his Bed , and buckles on his Armor , and brings up all his Men into a Neighbour-hill , where he kept them ready for the Onset , about 400 Paces from the Enemy . Drury rode between both Armies , and earnestly desired both to return home , and not to brake off all Hope of Accommodation , by over-rash and hasty Counsels ; Whereupon , they both agreed to retreat , only the Dispute was , who should turn about their Colours , first . Drury endeavoured to compound this Difference also , and desired of Both , that when he , standing in the middle between both Armies , gave a Sign , they should Both retreat , in one and the same Moment . Morton was willing , but the Rebels threatned , That unless he retreated first of his own Accord , they would beat him shamefully out of the Field ; and indeed , they could hardly be kept from advancing their Bodies toward him . When Morton heard this Answer , he supposed he had satisfied Drury and the English , whom at this time he was unwilling to offend , but would rather have them Witnesses of his Moderation ; whereupon , he presently drew forth against the Enemy ; first , the Horse made a brisk Charge , and routed the Enemies Wings ; the Foot attempted to charge , but were routed also ; when the Gate of the next Street , being narrow , could not admit so many at once in their thick and hasty Flight , many were there slain , many trodden under Foot ; many taken , none making any Resistance , but only a Party of Foot , who , having the Advantage of the next Church-yard , rallied again ; and yet , at the first Charge , were a second time put to Flight . Their Flight into the City was so confused , that the Guard left the Gates , and all fled into the Castle ; so that , if the Enemy that pursued , had not been intent on the Prey , they might have entred also the Town Pell-mell with them , as being unguarded . About 50 of the Rebels were slain , and about 150 taken . Alexander Hume had a slight Wound with a Fall from his Horse , and was taken : Gawen Hamilton was killed : Huntly's Kinsman , a Commander of Foot , hid himself in a poor Woman's Pantry , but was discovered , and brought to Leith . The Common People , when they saw him , made such a Shout , that it plainly appeared , they would not be satisfied , but by his Death ; for , in the former Civil Wars , he had been a cruel and avaritious Plunderer . He was infamous in his Military Imployment in France ; and , when the Kings of Denmark and Sweden were at odds , he promised to serve them Both , and accordingly had Mony to raise Souldiers from either , but couzen'd them Both. And he , being thus taken , at length ( as I said ) to the great Joy of all , was led forth to his Execution . After a few Days Rest , the Townsmen recruited their Forces , and then shewed themselves again in Arms ; after that , there were light Skirmishes past betwixt the Parties almost every Day , with various Events . The King's Party were more valorous , but the Rebels had Places more convenient for Ambushes ; and besides , they had an high Castle , from whence they might see all the Motions of their Enemies , neither would they ordinarily venture an Onset any further , than their Ordnance out of the Castle could command . The Regent kept himself at Leith , watching all their Sallies , and stopping all Provisions by Sea , for he could not do it by Land , by reason of the Largeness of the City , and Inconvenience of the adjacent Places , in the surrounding whereof many Opportunities of Service were lost . Whilst these things were acting about the City , a French Ship was taken , that brought Gun-Powder , Iron Bullets , small Brass-Guns , and some Mony to the Rebels . The Mony went to pay the Souldiers , but the Bullets , Powder , and Part of the Guns , being sent with little or no Guard to Sterlin against the Tide , the Rebels , having Intelligence thereof , procured some Vessels from other Havens , and surprized them ; but not being able to carry their Booty to the Castle , they sunk it in the River . About the same time , another Ship was also taken , in which there was little else but Letters and large Promises of Assistance , speedily to be sent from France . For , during the Two whole last past Years , wherein , at times , there was War in Scotland : The Queen of England , on behalf of the Royalists ; the King of France , and the English Papists , on behalf of the Rebels , did send in some small Dribblets of Mony , but loaded them with more Promises , as rather studying , that their side might not be conquer'd , rather than conquer , respectively ; Both of them were willing , Matters should be brought to that Pinch of Necessity : The Queen of England's Design was , That the Scots , being worn out by their Divisions , might be willing to send their King into England , and so seem to depend wholly on her : The French did it , That the Rebels might surrender Dunbarton and Edinburgh to him , and , by those Two commanding Garisons from both Seas , he would keep the Scots always in fear of his Arms. But , despairing of the Queen's Delivery , and Dunbarton Castle being lost , he mov'd but slowly in the Cause of the Rebels ; his Aim only was , That , the Kingdom being exhausted with domestick Sedition , he might not undertake a new and unnecessary War , for the sake of one Castle only ; it was enough , he thought , at present , if it did not fall into the Enemies Hands . The Scots were fully resolved not to give up their King to the English , upon the account of old Controversies ; and also , because the English Papists were so strong , who plac'd all their Hopes in his Death . For , if he were taken out of the way , the Queen of England would not only seem weaker , seeing it was the Life of one King only , that delayed their Hopes ; but also , the Queen of Scots was the undoubted Heir of the whole Kingdom , who , by he● Marriage , might gratify whom she pleased with the Realm , and so bear a great Figure in the Change of the State of Religion through all Europe . And in the English Court there were some , no mean Men , who preferred the Hope of Novelty before ancient Courtesies ; yet if , as long as the King of Scots was alive , they should cut off Elizabeth , many of those of the Queen's Privy-Council feared , lest the known Wickedness of the Scots Queen might diminish her Authority , and increase her Son's Power , and so , for fear of Tyranny , endear him more to the English : Whereupon , the English Rebels were willing to destroy the Queen of England , and King of Scots , Both ; and , not succeeding in doing it openly , they resolved upon Poison . Matters standing thus in Scotland , Both Factions prepared themselves against the approaching Sitting of the Parliament . The Rebels had only Three of the Lords voting with them , of which Two were the Proctors , or Commissioners , to the Convention , to be held in the Queen's Name . The Third , Alexander Hume , was the only Man who had Right to vote : And of the Ecclesiastical Order , Two Bishops , the One banish'd thither a few Months before by the Regent , and , the State of the City being chang'd , not daring to depart without a Convoy , he staid there against his Will : The Other was a Bankrupt , who , having spent his Estate , was driven thither by necessity . By their Votes , above 200 were condemned , some of them being Children under Age. Moreover , the malapert Souldiers , as if they had already got the Victory , divided other Mens Patrimonies among themselves , and so put many quiet and innocent Persons ( and , by that means , more liable to Injuries , ) into the Roll of the Confiscate . The Regent went to Sterlin , where he had a great Convention of the Nobles : Therein , about Thirty of the obstinatest of the Queen's Party were condemn'd , the rest were put off , in hopes of Pardon . The Rebels thought this a fit Opportunity for them , to attempt something in the absence of the Nobility ; and thereupon , they drew all their Forces out of the City , and , to make a greater Show , the Townsmen with them ; they set them in Battel-array , that so , as in former times , by light Skirmishes , they might draw the King's Forces out of Leith . In the mean time , while the Enemy were kept in play by them , they resolved to send the rest privately to march about , and when the Garison was drawn out , to enter in at the opposite Gate , and so burn the Town . Patrick Lindsy was Governour of Leith , a wise and valiant Person ; he drew forth his Forces , having sufficiently provided against their Treachery , and marched directly towards the Enemy ; they fought stoutly at first , at last , he gave the Rebels a round Salvo , and so beat them back , yet not without Loss , to the Gates of the Town ; a great many Prisoners were brought off , but the most part of them were Townsmen . Alexander Hume was taken once , but reliev'd again by his own side . In the Evening , as the King's Party were retreating , joyous for the Victory , Iames Haliburton , a good Man , and a skilful Souldier , who commanded all the Foot , being too far from his Body , was taken by a Troop of Horse in the Twilight , when he could not discern of whose Party they were in the High-way , and so carried Prisoner into the City . Upon this Loss , the Rebels took heart , to make another Attempt , as full of Danger and Boldness , so more likely , if it had succeeded , to put an End to the whole War. For , having receiv'd Intelligence by their Spies , That the Nobility of the contrary Faction at Sterlin were so careless and remiss , that , in an open Town , they had not so much as a Night-guard , as if it had been a time of perfect Peace , they took 300 Foot , and 200 Horse , and march'd thither ; to ease the Foot , who were hastily called forth , they took away all the Country-mens Horses , who came to Market the Day before ; and if they occasionally lighted on any other Horses by the way , they took them also . The Captains , in that Expedition , were George Gordon , Claud Hamilton , and Walter Scot , they were much encouraged to the Undertaking by George Bell , an Ensign of a Foot-Company , who was born at Sterlin , he knew all the convenient Passages and Accesses into the Town , and was made acquainted , in Writing , with all the Noble Mens Lodgings ; he gave them assured Hopes , That they would quickly master all , insomuch , that they were so confident of Success in their March , as to appoint Whom to kill , and Whom to save alive . They came to the Town early in the Morning , and found things in profound Security , not so much as a Dog opened his Mouth against them ; so they silently enter'd the Town , and , without any resistance , went up to the Market-place ; they set Guards at all the Passes thither , and then went to the Noblemens Lodgings ; the rest were easily taken , only Iames Douglas , Earl of Morton , put some stop to them in his Lodging ; when they could not break in upon him by Force , they set fire to the House ; one or two of his Servants , who stoutly defended the Passes , were slain , and he himself , when all was a fire , hardly escaping out of the Flames , surrendred himself to Walter Scot , his Kinsman , then near at hand . Moreover , the Regent was taken Prisoner at the same time ; his Men did not stand it out valiantly in his Defence , but he was forc'd to defend himself alone , and , at last , was taken Prisoner . Alexander , Earl of Glencarn , and Hugh , Earl of Eglington , were reserv'd , under a Guard , for Execution : For Claud Hamilton told his Men , They should kill all the Nobles of the contrary Faction , as soon as ever they pass'd out of the Gates , without any distinction . All Things thus succeeding , beyond Expectation , the common Souldiers scattered themselves all over the Town to get Plunder . Thereupon , Iohn Erskin , Governour of the Castle , who had before tried to break through the Enemy in the Market-Place , but in vain , they were so strongly posted , sent a Party of Musqueteers into his own new House , which was then a building , and not quite finish'd , from whence there was a Prospect into the whole Market-Place . This House , because it was uninhabited , and not compleated , was neglected by the Enemy , and afforded a safe Post to the Royalists , whence to play on their Enemies : When the Rebels saw , that they were shot at from an high Place , garison'd against them , with unequal Weapons , they presently turn'd their backs , and ran away in such Fear , that , when they came to the narrow Way leading to the Gate , they trod down one another : That which saved them , was , There were but few to pursue , for they who had driven them out of the Market-Place , could come out but one by one , through the Gate of the new House , which was but one neither , and that half-shut too , towards the Town ; and but a few came forth from other Houses , where they stood armed , ready for all Events . Thus the whole Souldiery , which , the Day before , had attempted so desperate a piece of Service , and had almost successfully finish'd it , were driven out of the Town , in such Fear and Confusion , that they left their Prisoners , and every one shifted for himself . In this Onset , there was only one Man of Note slain , and that was George Ruven , a young Gentleman of great Hopes , who , pressing too eagerly upon the thickest of the Enemies , lost his Life . And Alexander Stuart of Gairlice , when he was led away Prisoner , was killed ; 't is not known , whether by his own Men , or the Enemy . In this great Trepidation and Affrightment , they , who before kept within their own Doors for fear , now came abroad . They , who had taken Iames Douglas , and Alexander Cuningham , Prisoners , seeing no hopes to escape , surrendred themselves up to their Captives . David Spence , Captain of Horse amongst the Rebels , was leading away the Regent ; he knew , that many lay in wait for his Life , and therefore he defended him with all the Care he could ; insomuch , that when the Ruffians aim'd at and shot the Regent , they hit him too , and he died the same Day , to the great grief of both Parties , for he was an accomplished young Man , in all Endowments both of Body and Mind , and inferiour to no Man of his Age in Scotland . After his Decease , the Enemies Horse never did any memorable Service . Two of the Regent's Murderers * were put to Death , not being able to escape : The rest fled in such Fear , that the Prisoners , whom they had taken , escap'd out of their Hands . For certain , the Whole of the Enemies Party might have been destroyed , if there had been Troops enow of Horse to have pursued : But the Tories of Teviotdale , at their first Entrance into the Town , had plundred all the Horses , That saved them . The slain of Both sides were almost equal : Of the Royalists , not a Man was carry'd away Prisoner ; of the other side , many ; most of which were intent upon the Prey , and so were taken in the Houses which they were a rifling : The Regent died the same Day of his Wounds . His Funerals were celebrated in haste , as well as they could , in such an Hurry , and then the Nobles , which were there , Assembled , to create another Regent to succeed him . They chose Three out of their own Number ; having first given them an Oath , to stand to the Decision of the Nobility , and thus , as Candidates , they were to expect the Issue of the next Assembly . The Three were , Gilespy Cambel , Earl of Argyle ; Iames Douglas , Earl of Morton ; and Iohn Erskin , Earl of Marr. All the Votes pitched on Iohn Erskin . His first attempt , was , to assault Edinburgh , there having been an Army appointed to be levy'd by the former Regent against the first of October , but this sudden change of Affairs made it to be deferred till the 15 th of the same Month ; that Delay was a great hindrance to Business , for it gave liberty to the Townsmen , who wrought Night and Day , to perfect their Works ; so that the early Winter , the long Nights , the bad Weather , in those cold Countries , the Difficulty of conveying Provisions , and his want of Military Accommodations , caused him to return , without carrying the Place . For some Months succeeding , Sallies were made , but of no great Advantage to either side . For the Prospect of the Castle , being free and open to all Parts , gave Opportunity to the Rebels , that they would never come to handy-Blows , nor yet fall into any Ambush ; for , by a Signal given from an high Place in the Castle , they were easily warn'd , to retreat in time ; yet once , when all the Horse and Foot issu'd out of the Town , to intercept a few of the Royalists , and they prest upon them , who pretended hastily to fly away : When they in the Castle saw the Colours of some Companies start up , from a neighbour-Valley , presently they sounded a Retreat to them . Whereupon the Rebels , before they came to the Place of Ambush , retreated back in great Fear , and their flight was so much the more confus'd , because , though they were advis'd of their Danger before-hand , yet they did not know , What , or from Whence , it was , nor could they so much as suspect it ; Those few Horsemen , which before counterfeited to fly away , did so press upon their Rear , that they caus'd the Foot to break their Ranks , and every One ran to the City as fast as ever he could ; many were wounded and taken , and , amongst them , some Captains , and Cornets of Horse . Whilst Matters were thus slowly carried on about the City , in the Country towards the North , there was a great Loss receiv'd upon this Occasion ; There were two Families , of great Power in those Parts , The Gordons and the Forbes's ; The Gordons liv'd in great Concord amongst themselves , and , by the King's Commission , had for many Years presided over the neighbouring Counties , and and so increas'd their ancient Power and Authority ; On the other side , the Forbes's were always at Difference , and continually weakned one another ; but neither of them , had now , for many Years , made any Attempt upon the other , there being rather a secret Emulation , than an open Breach , betwixt them . In the Family of the Forbes's , there was one Arthur , a witty and an active Man , and who , from the beginning of the falling out , had always been on the King's side ; he thought , 't was then time for him to set up his own Name and his Families , and also to advance the Power of the Party , which he followed . He first then endeavour'd to reconcile All of his own Family ; if he could effect that , he fear'd not any Power , that could be rais'd against him in those Parts ; when a Day was appointed for that purpose , Adam Gordon , Brother to the Earl of Huntly , by all means , endeavour'd to hinder it , and therefore giving private Notice to his Friends and Vassals , there came a great Number of them to the Place . There were Two Troops of the Forbes's in sight , but , before they could join , he set upon One of them , and kill'd Arthur presently ; at his Fall , the rest were scatter'd , and put to flight ; some eminent Men were slain , many were taken , the rest , some Days after , dar'd not stir , for Fear , lest those , they had taken Prisoners , should suffer for it . And their Fear was increas'd by the burning of Forbes's House , with his Wife , great with Child , his Children and Servants , in it . Forbes's Elder Brother , who was the Chief of the Sept , after his House was taken and plunder'd , hardly escapt and came to Court ; there , tho they were somewhat straitned themselves , yet there were 200 Foot granted to him , and to the Nobles that follow'd his Party ; and withal , Letters were written to the neighbour-Nobility to join with him : When they were thus join'd with the rest of the Forbes's , and some near Families , they thought themselves secure enough from Force , but they wanted a Chief Commander over them , for the Heads of the Families were most young Men , and there was scarce One more eminent than another amongst them : So that , they being unresolv'd in their Counsels , Iohn Keith , with 500 Horse went home to his own House , which was not far distant . Alexander Forbes , and his Vassals , with 200 Foot march'd to Aberdeen to drive Adam Gordon from thence , and to refresh his Men after their March. Adam receiving intelligence , that his Enemy was advancing with but a small Party , draws his Men out of the Town , and , to make a show of a greater Multitude , compell'd the Townsmen to draw forth with them , so that there was a sharp Conflict in the Field near the Town . The King's Foot , out of eagerness to fight , followed the Gordonians too far , and , having no Reserves , were repuls'd and put to flight , principally by the Archers , there were not many of them kill'd , because the fight lasted till dark Night , but several were taken , and , amongst them , Alexander Forbes himself , after he had stoutly defended himself against them , a long time . This Success in the North did mightily incourage the Rebels , to attempt greater Matters : Whereupon , in a different Part of the Country , they resolv'd to attaque Iedburgh , a Town , as the Country Custom was , unfortifi'd ; but the Inhabitants were very Valiant , and , some Years before , had stoutly resisted the Rebels ; Thomas Carr of Farnihest , and Thomas Scot , liv'd near the Town ; They , besides their old Clans , which were Numerous enough , had associated to them , the Three neighbour Countries , Liddisdale , Ewesdale , and Eskdale , Places always given to Robbery ; but then , in regard of the Licentiousness of the Civil War , they rang'd for Booty , uncontrolably , even a great way off . And besides , in Teviotdale it self , there were some great Families noted for Robbing and Pillaging , either , being infected by their Neighbours ; or , because they had been customably used to drive Preys out of their Enemies Country ; neither did They only come in , but some of the neighbouring English , in hopes of Booty , join'd themselves with them ; and besides , they sent for 120 Musqueteers from Edinburgh , select Men , out of all the Foot Companies . The Iedburgians knew , that They were aim'd at , and therefore they sent in haste to the Regent , to acquaint him with their Danger ; they only desir'd a few light harnassed Souldiers from him ; In the mean time , they were not wanting to do their best . They sent for Walter Carr of Sesford , and levy'd a reasonable Number of Souldiers out of the Neighbourhood , and fortifi'd their Town , as the time would permit : Both Parties were also inform'd , at the same time , that William Ruven was come as far as * Driburgh , with 120 Horse and Foot , Part of which he had brought with him , and Part he rais'd in the neighbour-County of Merch. But the Rebels , being confident of their Number , as being 3000 Men , march'd to the Town early in the Morning , to prevent the Coming in of their Relief ; Ruven suspected , they would do so , and therefore march'd speedily after them , and made some Attempts upon their Rear . And moreover , Walter Carr join'd the Townsmen to his Souldiers , and drew forth directly towards the Enemy . They , seeing This , that they might not be enclos'd before and behind , too , presently retreated to Places of greater Advantage . The Robbers , or Tories , who came in for Hopes of plunder , seeing the Town fortifi'd , and the Royalists ready for the Encounter , return'd the nearest Way they could to their Own-homes ; and the Rebels , with their Vassals , and a Company of Foot , retreat to * Hawick , never thinking , that the Enemy would , in the least , attempt any thing against them , there ; and their Hopes were increas'd by the Winter-season , which was sharper than ordinary by reason of a great Quantity of Snow lately fallen , which cover'd all the Ground . But Ruven intended to make use of the Opportunity , and , in the third Watch , drew out his Party , and march'd so speedily towards Hawick , that he was in a Mile of it , before the Enemy took the Alarum ; They at Hawick were so amaz'd , that there was no room for Counsel left , but Foot and Horse were immediately drawn out , and following the Current of the next River , endeavour'd to retreat to a Place of more Safety . But the Swiftness of their Pursuers prevented them ; the Horse knew the Country , and made a shift to escape , but the Foot were left for a Prey ; they possest themselves of a small Wood on a Rock , near the River , there they were surrounded by the Horse , and not adventuring to stay till the Foot came up , they all surrendred themselves at Mercy ; But seeing that other Dangers were to be prevented , and they could not be carried up and down in so sharp a Winter , having past their Words to return at an appointed Day , and leaving some Hostages to that purpose , they were sent home , without their Arms : When they were discharged , Kircade made sleeveless Pretences , to elude their Promises , and so hinder'd them from returning , at the time appointed . The rest of the Winter , and the following Spring , was wholly spent in light Skirmishes , wherein Few fell , but more of the Rebels than Royalists ; For the Rebels , when they saw an Advantage , would draw out on the Hills near the City , and , before they had scarce begun a skirmish , would retire , sometimes , again in to the City . In the interim , frequent Embassies came from England , to reconcile the Factions , but without effect ; For the Queen of England , tho she most favour'd the King's Party , yet she was willing so to make Peace , as to ingage both Parties to her ; but the French were wholly inclin'd to the Queen's Cause , and therefore , by large Promises , hindred Peace , and advis'd to continue the War : Some Mony they sent at present , not enough to do the Business , but only to feed Hope , and a great Part of what was sent was still nibbled away by those that brought it . In the mean time , light Skirmishes past for some Months betwixt the Parties , but not at all contributing to the main Chance . Neither were other Parts of the Kingdom free from Plunderings , and Firings : Adam Gordon gather'd a Party , and , entring Angus , besieg'd Douglas's House of Glembervy ; and , finding that himself was absent , they miserably Burnt and Destroy'd all that he left behind , which struck such a Fear into those of Dundee , that they call'd in the Garisons from the adjoining Parts of Fife , to their Assistance ; they were Enemies to the Gordonians , as having been highly Faithful , continually , to the King's Cause . About this time , * Blackness was betray'd by the Governor thereof to the Hamiltons . 'T is a Castle that hinders commerce betwixt Leith and Sterlin . The Regent broke down all the Mills about Edinburgh , he also garison'd all the Noble Men's Houses about it , and stopt all Passages into the City ; many Prisoners were taken on both sides . Archibald Douglas , one of Morton's familiar Friends , was apprehended on Suspicion , which was increas'd upon him , by the Baseness of his former Life ; and also , by some Letters found about him ; yea , even after he was taken , entercourse of Letters past betwixt him and the Enemy ; which evidenc'd , that he had assisted the Rebels , by Advice and Action , too ; as having transmitted to them , both Mony and Arms. THE END . An ALPHABETICAL TABLE of the Principal Matters contained in the foregoing HISTORY . NB. FOR the Reader 's Ease and Conveniency , in the speedy finding out of the Quotations in the following Table , ( as also in the Catalogue of the Scotish Kings , preceding this History ) he is desired to take notice , That , whereas a new Alphabet and Folio , doth begin at the later Part of this History , viz. at Book 13. and so continues to the End ; all the Quotations marked between Parentheses's , do belong to the Folio's and Pages of the said later Part only : The rest do all belong to the former Part. A Page ABercorn-Castle , 22 Aberdeen , 19 Famous for Salmon-Fishing , ibid. Aberdone , ibid. Aberbrothock , or Abrinca , ibid. Abernethy , wherein was the old Palace of the Picts Kings , 16 , 18 Abria , or Abyr , a Country or Shire , the Etymology thereof , 19 Abridic , or Erisbach-Isle , 25 Abthane , an old Name of Magistracy and Dignity amongst the Scots , See Thane . 187 , 206 Achaius King of Scotland , 164 He makes a defensive War against the Irish , ibid. The First of the Scotish Kings that ever made a League with France , 165 Achnar-Isle , 26 Acho , King of Norwey , lands in Air with a great Fleet , 241 Is overthrown , and dies of Grief , ibid. Achmode-Isles : See Aebudae ▪ Adams Isle , 30 Adamannus , 161 Adam Huntly taken Prisoner by the Earl of Murray , ( 170 ) Ado Viennensis quoted and corrected , 87 Adrian passes out of France into Britain , 112 His Wall , ibid. Adrian , the Pope's Legate , in England , 433 Advatici , Who ? 10 Aebudae Islands , 22 Their Number , ibid. Aelius Pertinax in Britain , 117 Aelius Spartianus quoted , 118 Aemodae Isles , the same with Aebudae . Aeneia , 18 , 170 Air , 14 Aestions spake the British Language , 50 They inhabited Prussia , 77 Aetius , the Britains crave Aid of him , 93 Afulla Isle , 31 Agnes Keith , Daughter of the Earl of Merch , married to James Earl of Murray , ( 161 ) Agathyrsi painted their Bodies , 53 Aidan , King of Scots , invested in that Dignity by Columb , 155 Ailmer , Edward of England's General , overthrows Bruce , 12 , 61 Air County , 20 Alan of Lorn , keeps his Brother Prisoner , 407 , 408 He is imprisoned himself , ibid. Albanact Son of Brute , from him the Scots called Albani , 42 Albinick , the Scots so called , 11 Albium , or Albion Isle , retains the Name of Britanny , 1 More Islands than one anciently so called , ibid. It s Etymology , 11 , 12 Album , or White , the Name of Height , as well as of Colour ; whence many Words are derived , as Albingaunum , Albula , Albici , Albini , &c. 11 Alcluyth , 92 Alexander I. King of Scots , 221 , 222 Why Sirnamed Acer , ibid. His Iustice to a poor Woman , 222 He is relieved by Hermites , ibid. Alexander II. 237 Enters England , and takes Carlile , ibid. He and his Queen visit Henry of England , 239 His Queen dies at London , 239 He marries a French Lady , ibid. Alexander III. 240 The Nobles combine against him , 241 He hath an Interview with Henry of England , 240 Is made Knight by him , and espouses Margarite his Daughter , ibid. Assists the King of England , 243 He and his Queen present at the Coronation of King Edward I. He marries Joleta a French Lady , 244 He forbids Traffick by Sea , ibid. He reduces the Train of his Nobles in Travelling , ibid. His violent and untimely Death , ibid. His Character , ibid. Alexander , Duke of Albany , Brother of James III. taken by the English , 407 But soon released , ibid. Committed Prisoner to Edinburgh Castle , 421 Whence he craftily made his Escape , ibid. And coming to the King of England , solicits him to take Arms , 425 He is recalled by the Scots , and hath the chief Government bestowed upon him , 427 He restores his Brother James to the free Possession of the Kingdom , ibid. He falls again into Disgrace , and dies in France , 430 Alexander , the Son of Alexander of Albany , ibid. Alexander Boyd abuses and wounds John Kennedy , 410 His is tried for his Life , 414 Beheaded , ibid. Alexander Bruce surrenders himself to Baliol , 287 Slain in a Fight with the English , 290 Alexander , Earl of Buchan , base-born Son to Robert II. 307 Alexander Cambel , a Dominican , the Notoriety of his End , ( 53 ) Alexander Cuningham slain ( with King James III. ) in his Army , 433 Alexander Cuningham brings Aid to the Reformers , ( 129 ) Being taken Prisoner , he takes him Prisoner , whose Captive he was , before , ( 282 ) Alexander Elphinston slain in Fight , ( 26 ) Alexander Forbes marries Graecina Boyd , ( 6 ) Alexander Forbes taken by Adam Gordon , ( 284 ) Alexander , Earl of Crawford , deserts Douglas , and submits to the King , 388 Alexander , Earl of Glencarn , banished , ( 175 ) A General in the King's Army , ( 220 ) Alexander Gordon beats the Earl of Crawford , 387 Alexander Hume marches into England , ( 19 ) He brings his Squadron off safe from Flodden Field , ( 25 ) His great Authority , ( 28 ) Accused by Hepburn , ( 33 ) Sides with the Queen , ( 34 ) Goes for England , is reconciled to the Regent , and returns , ibid. He raises an Insurrection , ( 35 ) His Goods confiscate , he is taken and beheaded , ( 36 ) Alexander Hume , as a Proxy , takes the Coronation-Oath for James VI. yet a Child , ( 214 ) He is General of the King's Army , ( 220 ) Wounded , ( 221 ) Revolts to the Queen's Party , ( 243 ) His Castle taken and rifled by the English , ( 256 ) He is chief in the Council of the Rebels , ( 280 ) Taken Prisoner , but by the coming in of his Friends released , ( 281 ) Alexander Haliburton wounded , and dies , ( 141 ) Alexander Levingston made Supream Governour , or Regent , 357 He puts the Queen in Prison , 364 Disagrees with Creighton the Chancellour , 360 , 364 The King taken out of his Hands , 365 Reconciled to the Chancellour , 366 , 368 Lays down his Office , 372 Is brought to his Trial , and remanded to Prison , 375 Alexander , the Son of William Levingston , taken Prisoner , ( 265 ) Alexander , the Islander , gathers together a Band of Free-booters , 341 But is forced to submit to the King , 342 Alexander Lindsy overcomes Alexander Ogilby , 273 , 274 Alexander Macrory , Captain of Thieves , executed , 341 Alexander , Earl of Marr , the Son of Alexander , 348 , 349 Alexander Ramsay , a brave Souldier , 299 His House the School of War , ibid. He takes Roxburgh , 300 Wounded , and starved to Death , by Douglas , 301 Ramsay's chearful Forwardness in surprizing Dumbarton Castle , ( 265 ) Alexander Seton sent to Berwick , ( 287 ) Having no hopes of Relief , he surrenders up the Town to the English , ( 290 ) Alexander Stuart , Arch-bishop of St. Andrews , slain at Flodden-Fight , ( 29 ) Stuart's Encounter with the King of Norway , 242 Allectus , a Roman , slain , 124 Alfrid , King of Northumberland , 161 Alnwick Castle taken , 398 Alsa , or Ailze Isle , 24 Alpa , for Alba , 11 Alps , whence so called ? ibid. Alpin , King of Scots , 166 Slain by the Picts , ibid. Altissidorus , i. e. Auxerre in France , 68 Alured , King of England , makes Peace with the Scots , 177 Amberkeleth King of Scots , 162 Slain , ibid. Ammianus Marcellinus quoted , 88 , 89 Amiens , the Bishop thereof in Scotland , his Cruelty , ( 148 ) St. Andrews , 18 Its Vniversity , when erected , 333 Andreae Fanum ; and Fanum Reguli , i. e. St. Andrews , why so called ? 16 Andrews , a great Astrologer , 420 Andrew , the Apostle , Tutelary of Scotland , 218 Andrew Briton , or Breton , his Story , ( 18 ) Slain by Thomas Howard , the English Admiral , ( 19 ) Andrew Berclay beheaded for Treason , 273 Andrew Car escapes out of Prison , ( 36 ) He disagrees with Douglas , ( 38 ) Andrew Car revenges his Father's Death , ( 18 ) Andrew Car beaten by the Duke of Norfolk , ( 120 ) Andrew Forman sent into England and France by James IV. ( 16 ) He hath a great many Church-Preferments , ( 29 ) Sent again into England , ( 26 ) He is accused by Hepburn , ( 33 ) Mediates for Peace , ( 35 ) Bruce's Sister's Son , Regent , 296 Taken by the English , 288 Ransomed , 294 His Faithfulness and Death , 297 Andrew , Earl of Rothes , banished , 175 Andrew Wood faithful to King James III. ( 1 ) Admiral of the Scots Navy , ( 1 ) Reconciled to James IV. ( 2 ) Overcomes the English in one Sea-Fight , ibid. And also in a second , ( 4 ) Andrew Stuart , Chancellour , 413 His Freedom of Speech against a Popish King , ( 173 ) He is wounded in Fight , ( 222 ) Angus , 18 Angus , or Aeneas , raised an Insurrection in Galway , 230 Angusianus , King of Scotland , 126 Slain by the Picts , ibid. Annandale , so called from the River Annand , 13 , 14 Anna Momorancy suspects the Power of the Guises in France , not without Cause , ( 121 ) Anselm , the Norman , Arch-bishop of Canterbury , 219 Anti-Assemblies in Scotland , two , ( 276 , 280 ) Anthony Darcy slain by David Hume , ( 38 ) Apparition to King Kenneth III. upon his Murder of Malcolm , 195 Apparition to King James IV. dissuading him from a War with England , ( 20 , 21 ) Apoceanitae , Who ? 10 Apology of the Scots Nobles to the Queen of England , ( 267 , &c. 272 , &c. ) Apostacy punished by God , 159 Arran , or Arren , Island , 24 Arborary , or Tree Isle , 25 Archibald Douglas created Regent , 288 He is slain by the English , 290 Archibald , Earl of Douglas , sirnamed the Austere , his Feuds with Geo. Dunbar , 325 He dies , 326 Archibald , his Son , succeeds him , who is taken Prisoner by the English , 329 Released , ibid. Made Duke of Turein by the Dolphin of France , 336 Slain by the English there , ibid. Archibald Douglas his great Power , 359 His affronting Answer to the Chancellor , 362 His Death , 363 Archibald Douglas his Oration to the Nobles against the King's Evil Counsellors , 423 With the Effects thereof , 424 Archibald Douglas his Speech to King James IV. dissuading him to fight the English , ( 22 ) At which the King is offended , and Douglas retires in Discontent , ( 23 ) He marries the Widow of James IV. ( 29 ) Accused by Hepburn , ( 33 ) Takes Edinburgh , but resigns up the Government thereof , ( 38 ) Flies into England , ( 34 ) Returns from France and England into Scotland , ( 46 ) Opposed by his Wife , ( 46 ) Chosen one of the Governours of King and Kingdom , ( 47 ) Overthrows Lennox , ( 50 ) Forbid to meddle with the Government , ( 53 ) Outlawed and banished , ( 56 ) Returns after fifteen Years Exile , ( 75 ) Coming to compose Controversies , he is detained by Hamilton , ( 82 ) His memorable Speech and Fact , ( 87 ) He persuades the Regent to break with the Cardinal , and to side with the Nobles , ( 88 ) He beats the English , ( 89 ) Archbishop of St. Andrews ( with the Bishop of Aberdene ) imprisoned , ( 46 ) Archbishop of St. Andrews executed as Accessory to the King and Regent's Murders , ( 266 ) Ardan Rider , or the High Isle of the Horseman , 28 Ardiescar Isle , 25 Aremorici , or Armorici , Who ? 7 , 8 Argadius , Regent , 115 Being accused , he repents , and supplicates for Pardon , ibid. Whereupon , he is continued in his Government , ibid. And prevails against the Islanders , 116 Argyle Country , 17 Argyle , Earl , joins with the Reformers , ( 131 ) Arren , see Arran . Arrii painted their Bodies , 53 Arrogance , the usual Companion of Power , 412 Uterson's begotten in Adultery , King of the Britains , 150 His Character , 154 He overcomes the Saxons , and takes London and York from them , ibid. He is slain , 151 , 152 Arthur , the Son of Henry VIII . of England , marries Katherine the Infanta of Spain , ( 11 , 14 ) Arthur Forbes slain , ( 284 ) Arve●ni , Who ? 46 Asclepiodotus , a Roman Lieutenant-General , kills Allectus in Britain , 124 Askerme Isle , 29 Assassination of King Henry odious to all Nations , ( 192 ) Assassins of King Henry labour to impute the Parricide to Murray and Morton , ( 191 ) Astrological Predictions , Courtiers much addicted to them , 418 Asyle Isle . See Flavannae , 30 Athelstan , King of England , fights the Picts , 165 He is slain at a Place , since called Athelstan's Ford , 165 Athelstan , base Son of Edward King of England , overcomes the Danes and Scots in Battel , 179 , 180 Recovers Dunbritton from the Scots , ibid. Athircus , or Athirco , King of Scotland , 119 He reigns vitiously , and kills himself , 120 Athol , a fruitful Country , 18 It abounds with Witches , 357 Atrebates , Who ? 56 Aven , 15 Aven and Avon , What they signify ? 70 Avon Laggan , 26 Avona Isle , its Etymology , 25 Auresius Ambrosius his Original , 146 , 147 Aureliacum ( i. e. ) Orilhach , 60 Austin , a Monk , comes into England , and calls himself Archbishop of all Britain , 157 He promotes Superstition rather than true Religion , ibid. Authority , got by good Arts , is lost by bad , ( 208 ) Avus , or Aw , a Loch or River , 17 Auxerre ; see Altissidorus . B BACA Isle , 27 Badenach County , 19 Balta Isle , 37 Baliol ( Edward ) lands in Scotland , 285 Overthrows Seton and the Regent , ibid. Declared King , 286 Worsted in Scotland , 287 Edward of England espouses his Cause , 288 Bandying betwixt him & the Nobles , 291 , 292 Ball , a Priest , stirs up the Commons of England to an Insurrection , 309 Bancho , a Scots General , 208 Overthrows the Danes , 210 Slain by Mackbeth , 211 Baptism celebrated but once a Year , and sometimes by Parents themselves , 30 Bards , Who ? 39 , 57 They committed nothing to writing , 35 Barnera Island , 29 , 30 Barodunum , or Dunbar , whence so called , 170 Baronia , ( i. e. ) Renfrew , 14 Barra Isle , 29 Bas-Alpin , the Place where Alpin was slain , 167 Bassianus , a Roman General in Britain , 124 Slain there by Allectus , ibid. Bassinets , or Monk-Fishes , ominous , 175 Batavians , or Hollanders , their Fleet returning from Dantzick , spoiled by Alexander Earl of Marr , 349 Beath Island , 25 Beatrix , leaving her Husband James Douglas , asks Pardon of the King , 391 She marries John Earl of Athol , the King 's Natural Brother , ibid. Bedford , the Earl thereof , King Henry's General in France , carries James , of Scotland , along with him thither , 336 Bede quoted , 91 , 92 , 93 Beds made of Heath , 23 Bei , what it signifies , 22 Belhac Isles , 25 Bellach Isles , 25 Belus , King of the Orcades , kils himself , 106 Bergh , in German , signifies High , 12 Bergion , the Name of a Giant , 11 Berlings , What ? 32 Bernera , an Island , 25 The Great and the Small , 29 , 30 Berth , a great Part of it destroyed by an Inundation , 236 Berton for Breton , 5 Berwick taken from the English by Robert Bruce , 269 Besieged by Edward of England , 370 Rendred to the English , 397 Its Castle taken by Ramsay , but regained by Percy , 308 Bethic Isle , 26 Betubium , or Dungisby Head , a Promontory , 21 Bigga Isle , 37 Bishops of England not true to Maud their Queen , 224 Bishops in Scotland holy Monks , 165 Chosen heretofore by their Canons , 417 Anciently not Diocesans , 171 Bishop of Dunblane sent into France to excuse the Queen's Marriage with Bothwel , ( 200 , &c. ) He is chouzed in his Embassy , ( 209 ) Bishopricks , six in Scotland , 218 Four others added to them and endowed , 223 Bishop of Caithness had his Eyes and Tongue plucked out , 235 Another burnt , 236 Bishop of Caledonia , or Dunkel , commanded , when the English Navy was worsted in the Forth , 270 Whereupon called the King's Bishop , ibid. Bishop of Dunkel commended , ( 40 ) Bishop of Durham comes too late to assist Percy , 317 , 319 His Army terrified with the Noise of Horses , 320 Bishop of St. Davids sent by the English King to the Scots , ( 63 ) Bishop of the Orcades prefers Court-Favour before Truth , ( 199 ) Bizets , a Family in Ireland , anciently from Scotland , 240 Blackmoney , What ? 425 Blackness betrayed to the Hamiltons , ( 286 ) Blandium , an old Drink amongst the Scots , 23 Blair of Athol , 18 Blood rained for seven days over all Britain , 261 Also Milk , &c. turned into Blood , ibid. Bogia , or Strabogy , 140 Boadicea ; see Voadicea . Bodotria , ( i. e. ) the Scotish Sea , 100 Boids creep into Favour at Court , 409 Their Faction against the Kennedies , 410 They carry the King to Edinburgh , and strengthen themselves by getting the King's Pardon , 411 Their Greatness occasions their Ruin , 412 Boin Country , 20 Bote , or Boot , Isle , 24 Bracara , or Braga , 47 Braid Albin , 17 Brasa Isle , 37 Brecantia , a Town , 65 Bredius overthrown by Ederus , 106 Brendinus slain in Battel , 156 Brennus's , Two , 79 Brettish Isles , 4 Bria , Brica , Briga , signify a City , with the Names of several Cities so ending , 63 , 64 , 65 Bridi Isle , 26 Brien-Loch , 31 Brigantes and Brigiani , 65 Brigantium , ibid. Brigidan Isle , 26 Brigids , or Brides , Church burnt , 408 Britanny , its Description , 1 , &c. Several Islands anciently so called , ibid. Mentioned by Aristotle and Lucretius , 3 It hath divers Acceptations , 8 It s Original and Description out of Caesar , Tacitus , &c. 81 , 82 Inhabited by three Nations , 70 , 71 Several Limits of it anciently , 180 Britains , their fabulous Original , 41 They praised God in five Tongues , 33 Britains and Gauls of one Religion , 56 They painted their Bodies , 76 Made no difference of Sex in Government , 85 Vexed by the Scots and Picts , 139 They ask Aid of the Romans , 93 , 135 , 136 Make Peace with Scots and Picts , 139 Enter Scotland , 100 Foment Divisions betwixt Scots and Picts , 95 Overthrown by Scots and Picts , 142 Their woful Complaints to Aetius , 93 , 143 Have hard Conditions of Peace imposed upon them , 141 What sort of Weapons they used in War , 50 They were five hundred Years under the Roman Government , 70 Overthrown by Scots and Picts , 156 Subdued by the Saxons , 70 Revolt from the Romans , and after twelve Years return to their Obedience , 124 Britton and Britain , all one , 9 Their Origin , 50 Britto , with a double t , 5 First mentioned by Martial , 9 Brix , a diminutive Word in Scotch , Brixac , 60 Bruce and Cumins formally agree , 259 Like to suffer for Treason in England , but escapes by shooing his Horse backward , 260 Kils Cumins for betraying of him , ibid. Bruce ( David ) sent for France , 286 Bruce ( Edward ) drives the English out of Ulster in Ireland , 270 He is afterwards overthrown there by the English , ibid. Bruce ( Robert ) the Kingdom confirmed to him , 269 He is desired to accept the Crown of Ireland also , ibid. He calls for the Deeds of Mens Lands , 271 And receives an Affront thereupon , ibid. A Conspiracy discovered against him , ibid. He agrees with Baliol , then in France , 274 His Army enters England , 275 His last Will and Testament , 279 His three Counsels to his Nobles , ibid. He would have his Heart buried at Jerusalem , 280 His Death and Praise , 281 Brudeus , King of the Picts , 156 Brudus , King of the Picts , slain , 166 , 167 Brutus , his Story , 41 to 44 Buchan , 19 Its Etymology , 139 Buchan , the Earl thereof made Lord High-Constable of France , 335 Bull 's Head put upon a Man's , heretofore a sign of Death in Scotland , 370 Burgundus from Burgus , 63 Bullock , an English Man , turns to the Scots , 298 Put to Death , 301 Burgh , a Danish Name , 201 Burra Isle , 35 , 36 , 37 Buthroti , Who ? 46 Buiia Isles , great and small , 29 , 30 , 70 C CAdvallus made Vice-King , 105 He dies of Grief , 106 Caithness , 21 , 133 Caithness Men cruel against their Bishop , and are punished for it , 239 Calaman Isle , 26 Calden in Scotch is an Hasel , 56 Caledonia , a Town , ( i. e. ) Dunkel , 18 Caledones , Who ? ibid. Caledonian Woods , whence so called ? 56 Caledonians , Picts and Scots , sometimes all called Britains , 74 Calen Cambel , with two others , chosen Governour of the King and Kingdom , ( 47 ) He is sent against the Douglasses , ( 56 ) Calfa Isle , 27 Calthrops , politick Engines in War , what ? 266 Camber , Son of Brute , 42 Cambri , ibid. Why so called , 61 Camus , the Dane , slain by the Scots , 202 Ca●a Isle , 26 , 28 Cantire Promontory , 17 Canutus , a Danish General in Scotland , 202 Makes Peace with the Scots , 203 Caprary , or Goat , Isle , 25 Cara Isle , 25 Carail Town , 18 Purged from Monuments of Idolatry , ( 131 ) Caratacus , King of Scotland , 107 The Orcades not subdued by Claudius Caesar in his Time , 108 Carausius , a Roman , composes the Differences betwixt Scots and Picts , 124 He seizes on Britain for himself , ibid. Carausius , Brother of King Findocus , causes him to be slain , 122 Cardorus unjustly put to death by Dardanus , 188 Carick , 14 Carniburgh's , two Islands , 27 Carron-water , 15 Carron , why sirnamed Schrimger , 218 Cave , an unusual one , turning Water into Stone , 20 Cassivelannus his Town , ( i. e. ) Verulam , taken by Caesar , 82 Cecily , Edward of England's Daughter , promised in Marriage to the Son of James III. 422 The intended Marriage null'd , and the Dowry repaid , 427 Celestine , Pope , sends Palladius into Scotland , 145 Cells , so the ancient Scots called their Temples , 125 Celts , Who ? 58 Celtiberi , so called from the Celts and Iberians , 49 Celuinus , or Cialine , King of the East-Saxons , 156 Slain by the Scots , 157 Charles , the Dolphin of France , seeks Aid of the Scots , 334 Charles of Burgundy slain at Nants , 420 He lays the Foundation of Tyranny in his Country , 434 Charles the Fifth sends to Scotland , to join in Affinity with them , ( 63 ) Why his Mother was committed to perpetual Imprisonment , ( 269 ) Charles Guise Cardinal , Guarantee for the Kingdom of Scotland . ( 114 ) Charn Islands , 27 Chourna Isle , ibid. Childeric , a Saxon Commander , wounded , 152 Christian Religion promoted in Scotland , 125 Christ's Birth-day prophaned , 151 Christians join in League against the Danes , 176 Christiern of Denmark , with all his Male-Stock , cast out of the Kingdom , ( 269 ) Chualsa Isle , 73 Cicero quoted about Britain , 86 Church , its woful State , 417 Cimbri , so the French and Germans call Thieves , 77 , 78 Cities Names in Bria , Brica , Briga , 63 , 64 , 65 In Dunum , 65 , 66 , 67 In Durum , 68 In Magus , 69 Clacman Prefecture , or Stewarty , 18 Clarence , Duke of it slain in France by the Scots , 335 Clarshacks , What ? 24 Claudian , a Verse in him corrected by Joseph Scaliger , 76 Cleirach Isle , 31 Cloich Isle , 25 Clydsdale , 13 , 14 Cluyth , 92 Cnapdale , 17 Cockburn Forest , or Path , 13 Cockrane , one of King James the IIId's Evil Counsellors , put to Death , 425 Coemeteries for the Kings of three Nations , 27 Coilus , King of the Britains , slain by the Scots , 96 Colca , a rare kind of Bird , 32 Colgernus , a Saxon Commander , killed , 152 Coll Isle , 27 Collonsa Isle , 26 Colman , an holy Bishop , 160 Columb , the Saint , his Monastery , 26 His great Authority , 155 He tells of a Victory at a very great distance , 155 , 156 His Death , 157 Columb Isle ▪ see Icolumbkill , Colvansa Isle , 27 Colurn , ( i. e. ) Chourna , or Hasel Isle , 26 Comes Stabuli , Who ? 247 Commodus , the Emperor , in Britain , 117 Common●lty usually comply with the Humour of their Prince , 188 Affect Innovations , 413 Competitors for the Crown of Scotland , with their several Pretensions , 248 The Controversy not decided in Scotland , but referred to Edward of England , ibid. The Case , as stated by Edward , and propounded to Lawyers , 249 Bruce refuses the Kingdom offered him on ignoble Terms , 250 Edward decides for Baliol , ibid. Competitors for the Regency , ( 283 ) Conanus elected Vice-Roy , 101 Conanus perswades to Peace , but is seditiously slain by the Britains his Country-men , 141 Conarus , King of Scotland , joins in a Conspiracy against his Father , 113 He demands large Subsidies , but is denied , 114 He wars against the Britains , 113 Ends his Life in Prison , 115 Confidence sometimes praised for Constancy , 358 Congal I. King of Scotland , 147 Congal II. enriches Priests , 159 Congal III. 166 Conscience guilty gives no Rest , 195 Constantine Chlorus in Britain , 124 Chosen General by the Brittons , 125 Made their King , 143 Slain by Vortigern , ibid. Constantine , the Emperour , born , 124 Constantine I. King of Scots , 145 Reigns wickedly , ibid. His violent Death , 146 Constantine II. 174 Renews publick Discipline , ibid. Slain by the Picts , 175 Constantine III. 179 Makes a League with the Danes , ibid. Invades the Subjects Right , ibid. Abjures the Kingly Office , 172 And retires into a Monastery , 180 Constantine IV. sirnamed Calvus , 196 Canvasses for the Crown , ibid. Inveighs against the Law of Kenneth , about Hereditary Succession , 197 〈◊〉 , the Decree of its Council seasonable for Perjured Persons , ( 77 ) Controversy between the Baliols and the Bruces concerning the Crown of Scotland , 245 , &c. Convention of the Nobles to choose a Regent after Murray's Death , ( 251 ) Cony Isle , 25 , 30 See Sigrama . Corbred I. King of Scots , 108 Corbred II. sirnamed Galdus , 109 He first fought with the Romans , ibid. And beat them out of Caledonia , 111 Cornavii , 22 They are in Scotland and England too , 60 Cornish rise against Henry VII . of Enggland , ( 10 , 11 ) Cornovallia , or Cornuvallia , whence derived ? 60 Corshera Isle , 26 Coval , 17 Covihaslop ; see Round Isle . Council of Constance send Embassadors to Scotland , 334 They deny Faith to be kept with those they call Hereticks , ( 77 ) Count of Rothes committed to Prison , ( 92 ) Coupins-oy , 36 Courtesy to Prisoners , 319 Courts many times prefer Honour before Honesty , 333 Cowper , a Town , 18 Cracoviac ; see Kirkwal . Craford ( Earl of it ) takes part with the Douglasses , 384 But afterwards deserts them , 389 And is received into Pavour by the King , ibid. Crackles , ( i. e. ) little jangling Bells , terrify Horses , 307 Crathilinthus King of Scots , 123 Much addicted to hunting , 124 Crathilinthus kils his Grandfather , 192 He rises in Arms , but is suppressed , 193 Cree River , 14 Cressingham , an English General , slain by the Scots , 255 Creighton sent Embassador into France , 376 Croke , the French Embassador , dislikes the Queen's Marriage with Bothwel , ( 199 ) He mediates a Peace , ( 208 , 209 ) Crowling Isle , 28 Cruelty , an Example thereof , 329 Culbrenin Isle , 25 Culdees , a kind of Monks , 18 , 125 Worshippers of God. 18 Culen , King of Scots , an incestuous Person , 184 , 185 He is slain by a Strumpet , 187 Cull , 196 Culross , whence so called ? 170 Cumbra Isles , the greater and the lesser , 25 Cumbri and Cumri , 75 Cumins , their Faction powerful , 240 Cumins overthrows Gilespy , 239 Cumins ( John ) overthrown by Bruce , 264 Cumins ( William ) poisoned by his Wife , 241 Cuningham , 14 Cuningham's overcome by the Hamiltons , ( 85 ) Cup of St. Magnus ; see Magnus . Curia , a Parish-Church , 26 Curry , a Mercha●t , an Instrument in surprizing Edinburgh●●stle ●●stle , 299 Cutberectus , 161 D DAal , what it signifies in Old Scotish , 100 Dalkeith , 13 Dalreudini , why the Scots so called ? 100 Danes enter England , 71 Invade Scotland , 174 Fight a bloody Battel with the English , 178 Turn Christians , ibid. Land in Scotland , 182 Are overthrown , ibid. Danish Fleet lands again in Scotland , 190 Stupified by an inebriating Drink , and overcome by the Scots , 209 Swear never to return to invade Scotland any more , 210 Dangers make Men sagacious , 26 Dardanus , King of Scots , 108 His cruel Reign , and violent Death , ibid. David I. King of Scots , 212 Profuse towards Monasteries , 223 Maintains the Cause of Maud , his Kinswoman , against Stephen of England , 224 Accuses him of Perjury , ibid. Makes two Accords with Stephen , 225 , 226 Henry , Heir of England , made Knight by him , 226 Loses his hopeful Son , yet comforts himself and his Nobles , in a Christian Discourse thereupon , 226 He erects new Bishopricks , 223 His extraordinary Character for Piety and Virtue , 227 David , King William's Brother , accompanies Richard , of England , to the Holy War , 235 He is shipwrack'd , and taken Prisoner , yet at last returns , ibid. David II. anointed King of Scotland , 282 Sent into France , when he was a Child , 286 Returns to Scotland , 300 Taken Prisoner in a Fight by the English , 302 Ransomed , 304 His Death and Character , 305 , 306 David Cumins appointed Ruler over Scotland by the English , 293 He and Douglas disagree , 294 Forced to take an Oath to Bruce , ibid. Makes large Promises to Edward of Enggland , 295 Follows the good Success of the English , ibid. Left by the English King as Regent of Scotland , where his Army is overthrown , and he himself slain , 296 David , the Son of Robert III ▪ imprisoned , and starved to Death by his Vncle , who was his Governour , 328 , 329 David Beton , the Cardinal , ( 73 ) Chosen Regent by a pretended Will , but , the Fraud being discovered , he is displaced and imprisoned , ( 75 ) He endeavours to avert the imminent Ruin of Popery , ( 76 ) He chouzes Lennox with vain Hopes of marrying the Queen , ( 80 ) He grieves to be deprived of a rich Morsel , which he had swallowed in his Hopes , ( 81 ) He is sharply reproved by Montgomery , ( 91 ) His Cruelty against Protestants , ( 93 ) He espouses his Daughter to the Earl of Craford's Son , ( 97 ) He is slain in his Castle , with the manner thereof , ( 98 ) His foul Character , ( 99 ) David Douglas , with his Brother William , beheaded ▪ 370 David Hamilton defends the Cause of the Gospel , ( 93 ) David Panater , or Painter , Bishop of Ross , made an Abbat by the King of France , ( 113 ) David Rize , a Musician , his Story , ( 171 ) He persuades the Queen to cut off the Scotish Nobility , ( 177 ) His Court-Preferments , Familiarity with the Queen of Scots , violent Death and Burial , ( 179 to 183 ) David Spence slain , ( 282 ) David Straiton , or Straton , burnt for a Lutheran , ( 63 ) Death better than a miserable Life , ( 12 ) d ee , a River in England , 13 Three of that Name in Scotland , 14 , 70 Deidonum , i. e. Dundee , 18 Deiri , Who ? 159 Delators , or Informers , appointed by Evenus , 13 Denmark , the King thereof bargains with the Embassador of Scotland to quit his Right to the Islands about Scotland , 413 Derivative Words shew the Affinity of a Language , 6● Dessius , General of the French Forces in Scotland , ( 106 ) Called home by the King of France , ( 110 ) Descants on the Law about Hereditary Succession of the Crown , 205 Descants on over-severe Executions of Criminals , 358 Deucaledonian Sea , What ? 21 Diana's Oracle counterfeited by a Monk , 44 , 45 Dicaledones , rather to be read Duncaledones , in Marcellinus , 56 Dioclesian , a supposed King of Syria , 41 Dionethus gives himself forth to be King of the Brittons , 136 Dion quoted concerning Britain , 90 , 91 , 118 Dona River , 20 Donachs , or Duncans , Bay , 22 Donald I. King of Scots , 117 He first received the Christian Religion , ibid. Donald II. 122 Overthrown by Donald the Islander , and dies , ibid. Donald , Brother of Malcolm III. yields up the Possession of the Islands to the King of Norwey , 23 Donald III. 123 Reigns Tyrannically , and is slain by Crathilinthus , ibid. Donald IV. ( or Donebald ) sends Christian Doctors into England , and interprets pious Sermons to the People , himself , 159 Donald V. Brother of Kenneth , 172 Reigns licentiously , and is put in Prison , 173 Donald VI. Son of Constantine II. 178 Donald VII . or Duncan , 204 Donald , Murderer of King Duffus , taken and executed , 185 Donald Bane calls himself King of the Aebudae , 164 He is slain , ibid. Donald VIII . or Banus , 220 He promises the Islands to Magnus , King of Norwey , ibid. Donald of Athol , 154 Donald Baloc overthrows Alexander , and Alan , Stuarts , 343 He is taken in Ireland , and his Head is sent to the King , 344 Donald , Lord of the Aebudae , rises in Arms , 333 With the Earl of Ross and Douglas , he fig●●s with the King's Forces , ibid. He is left by his Wife , 391 Sends Agents to make his Peace with the King , 392 After the King's Death , he plays Rex again , 408 He takes the Earl of Athol Prisoner , and burns St. Bride's Church , ibid. He is shipwrack'd , and fals distracted , 409 Donald Monro commended , 22 He travelled over the Islands of Scotland , and described them , 31 Dongal , King of Scots , 168 He is drowned , ibid. Dongard , King of Scots , 144 Opposes the Pelagian Heresy , 145 Dornadilla , King of Scots , 98 Dorstologus slain , 166 Dorus flies for fear of Nathalocus , 120 Dovallus kils King Nothatus , 99 He himself is slain in Battel , 100 Douglas River , 14 Douglas Dale , 140 Douglas made Duke of Turein , 336 Douglas slain by the Moors , 280 Douglas ( William ) takes Dundalk in Ireland , 314 Douglas ( William ) pardoned , 301 Douglas breaks in upon the English Army , 278 Douglasses their Power intolerable , 372 , 377 Their Power broken , ( 53 ) Drinach Isle , 25 Drix , 60 Druides , Who ? 56 Drumalbin , 17 Drummilaw Sands , 209 Drunkenness punished with Death , 174 Druskins , King of the Picts , and all his Nobility , slain , 169 Drury intercedes for Peace between the Parties in Scotland , ( 278 ) Duffa , or Dow , Isle , 25 Duffus , King of Scots , 181 Witchcraft practised upon his Body , 183 He is slain , 184 Dukes , when the Name first brought into Scotland , 325 Duke of York overthrown and slain by the Queen of England , 396 Dulcitius in Britain , 89 Dunacus , and Domnacus , 68 Dunbar , whence so called ? 13 , 14 Its Siege raised , 297 Fortified by Alexander against the King , but deserted by him , 421 Again possessed by him , and delivered to the English , 427 Retaken by the Scots , 429 Dunbritton , 17 The Castle surrendred to Robert Bruce , 268 Twice surprized , 371 Taken by the Queen , ( 164 ) Retaken by the Regent by Surprize , with the Manner , how ? ( 260 ) It s Scituation , and why so called ? ( 262 , ) ( 263 ) Duncan , King of Scots , 229 He is slain . ibid. Duncan , Earl of Marr , Regent , 284 Slain in Battel , 285 Duncan Stuart , rising in Arms , is suppressed , 323 Duncaledon , rather than Deucaledon , to be read in Ptolemy , 56 Dunchonel Isle , 25 Dundee , 18 Dundeans , Enemies to the Gordons , ( 286 ) Dunedin , by the ancient Scots , now Edinburgh , 171 Dungisby Head , 22 See Betubium . Duni pacis , what ? 15 , 119 Dunkelden , 18 Duno , or Dunum , Words so beginning or ending are the Names of Places , 65 , 66 , 67 Dunoter , 19 Dunsinnan Hill and Castle , 212 Dunstafnage , 20 Duodecemvirate in Scotland , 253 Dur , the Names of some Places derived therefrom , 68 Durstus , King of Scots , 102 He invites the Nobility to a Supper , and there treacherously kils them , ibid. He is slain , 103 Durstus made King of the Picts , 132 Slain in Battel , 137 E EAnfrid , 159 Easdale Isle , 25 Easter-Day , a Dispute about it raised by Austin the Monk , 157 Eboracum , i. e. York , whence derived , 60 Ecclesiasticks their Power over Kings , 237 Their Avarice , 238 , 243 They are reformed by Constantine II. are superstit●ous , 195 Eder preserved by his Nurse , 104 Educated by Cadvallus , 105 Created King of Scots , 106 Edgar , then in Scotland , demanded by William the Norman , 216 Returns to England , 217 Made King of the S●ots , 221 Builds Coldingham Abby , ibid. Edifice , a strange one , 15 Edinburgh , ( or Edinum ) whence so called , 171 Its several Names , 175 How seated , ( 276 ) A Convention held at one End , when the Enemy had the Castle at the other , ibid. Edinburghers would not admit the English Exiles , nor Hamilton , to enter their City , ( 252 ) Edmund , King of England , his Story , 215 He gives Cumberland and Westmoreland to Malcolm , King of Scots , 181 Edward I. King of England , takes away all Scotish Monuments , 119 Endeavours to bring Scotland under his Dominion , 249 Enters Scotland with a great Army , 264 , 265 Overcomes the Scots , and forces them to swear ●ealty to him , 259 Appoints Magistrates all over Scotland , ibid. Desires Margarite of Norwey , Heiress of Scotland , a Wife for his Son , but she dies before her Marriage , 245 Edward II. succeeding his Father in the Kingdom of England , 263 Besieges Berwick , makes a Truce with the Scots , and retreats , 270 , 271 Worsted in Scotland , 272 Is cast into Prison by his Wife and his Son , and there put to a cruel Death , 274 Edward III. King of England , makes Peace with the Scots , 300 Baliol tak●● into his Protection , 288 H●s Cruelty to Seton's Children , 289 〈◊〉 Berwick , 288 Hath three Kings his Prisoners at once , 304 He overthrows the Scots , 290 Takes Berwick , 290 Enters Scotland once or twice , but retreats again , 293 , 296 His Death , 308 Edward , Duke of York , cals himself King of England , 396 Edward IV. of England , makes Peace with the Scots , 416 He dies , 428 He laid the Foundation of Tyranny , 434 Edward VI. of England , an hopeful Prince , his Death , ( 114 ) Edward Bruce called to be King in Ireland , 269 Assists his Brother Robert , 265 Edward Baliol with a numerous Fleet in the Bay of Forth , 284 He overcomes the Scots , 285 Enters on the Kingdom , 286 Swears Fealty to the King of England , 288 His supposititious Son , ( 7 ) Education at Court , what ? ( 160 ) Egfrid , King of Northumberland , slain by the Picts , 161 Edwyn , of Northumberland , 159 Eels taken in abundance , 14 Egg Isle , See Rum. 28 Eglish , or Church Isle , 25 Eglisa , or Eglish-oy Isle , 36 Elbeouf , Marquess of it , stays with the Queen in Scotland , ( 154 ) Elgin , a Town , 20 Eliot's Authority disallowed , 4 Elizabeth , Queen of England , sends Aid to the Reformers of Religion in Scotland , ( 141 , 144 ) Her grave Oration to the Embassador of the Queen of Scots , ( 155 , 156 , &c. ) She , in part , adopts the Cause of the Queen of Scots , ( 222 ) Her Letters to the Regent to defer the Convention of the Estates , ibid. Her other Letters to him , which break off the Course of his Victories , ( 223 ) She is informed by the Regent , that the Cause of their Queen's deposing , was the Murder of her Husband , ( 227 , 228 ) She sends Letters to the Nobles of Scotland to receive their Queen again , ( 239 , &c. ) Their Answer to her Letters , ( 241 ) Howard's Conspiracy against her detected , ( 244 ) She demands the English Fugitives to be given up to her by the Scots , ( 284 ) She is made Arbiter between the Parties in Scotland , ( 260 ) Some of her Council would have King James sent into England , ( 275 ) Which the Scots refuse to do , ( 280 ) She favours the King's Cause most , yet is ( politickly ) slow in her Aid , ( 279 , 286 ) Ella , an English King , 172 Embassadors from France desire the Scots to make War upon England , ( 119 ) Embassadors from France and England to Scotland , 352 England divided by four Rivers , 13 The King thereof the Pope's Feudatary , 237 Its King makes Peace , or Truce , with the Scots , 249 , 250 Enecus , General of the Danes , 200 Slain by the Scots , 201 Enemies not to be undervalued , 174 , 291 Their sudden Liberality to be suspected , ( 43 ) English , how said to rule over all Britain , 180 Incommoded in their March in Scotland , 276 Their Army worsted , 270 Quit their Claim to any Part of Scotland , 234 Regain a great Part of Scotland , 303 Drawn into an Ambush , 304 Their Army of 60000 Men , 274 Driven out of all Scotland , except Berwick , 300 English Souldiers less rapacious than the French , 313 Worsted in Scotland , 391 Overthrown by the Scots at Sea , 379 Ask Aid of the Scots against their own King , 392 English , their Horses frightned in Scotland , ( 42 ) Make War on Scotland , ( 59 ) Enter Scotland again , ( 86 ) Are worsted , ( 89 ) Again enter , ( 100 ) And give the Regent a great Overthrow , ( 104 ) Enter Scotland again , ( 105 ) And prevail against James Douglas , ( 106 ) English Fleet attempts the Orcades , ( 123 ) English called Deliverers of Scotland , ( 152 ) Send Aid to the Reformers in Scotland , ( 143 ) Assist the Vindicators of King and Regent's Murderers against the Queen's Faction , ( 253 , &c. 256 , 257 ) Their Queen Elizabeth designed to be destroyed , and the King of Scots , too , ( 280 ) Enner , what it signifies , 106 Ennerlute , or Ennerlochy , a Mart-Town , 20 Ennerness , a Mart-Town , 106 Eorsa Isle , 27 Eoy Isle , 29 Ericaean , or Heath Isle , 26 Erisbach Isle ; see Abridic . Eriscaia , or Erisay , Isle , 30 Erin Isle , ibid. Erra Isle , 26 Esk River , 13 South and North , 19 Thence the Country called Eskdale , 13 Etfin , King of Scots , 163 Ethelfrid , King of Northumberland , 156 Routs the Scots , 157 Marches into Galway , ibid. Ethodius I. King of Scots , makes Laws about Hunting , 112 Overcomes the Islanders , ibid. Slain by Night in his Bedchamber , by his Harper , ibid. Ethodius II. rules by his Deputies , 119 Is slain , ibid. Ethus , King of Scots , 171 Eu Island , 31 Eubonia , or Man , Isle , 24 Evenus I. King of Scots , 103 Aids the Picts against the Brittons , ibid. The first that required an Oath of Allegiance of his Subjects ▪ ibid. First settles Itinerary Iudges in Scotland , ibid. Evenus II. 105 Overthrows the Orkney Men , 106 Evenus III. noted for Obscenity , 107 He makes a Law for Polygamy , ibid. Is slain , ibid. Eugenius I. or Evenus , King of Scots , 127 Slain by the Romans , 128 Evenus , an Islander , put to Death , 174 Eugenius II. 138 His Character , 144 In his time the Romans leave Britain , ibid. Eugenius III. Brother of Congal , King of Scots , 154 Assists against the Saxons , ibid. Eugenius IV. Brother of Aidanus , 158 Brought up under Columb , ibid. He harbours the fugitive Saxons , ibid. Eugenius V. 161 Eugenius VI. ibid. Learned in Theology , ibid. In his Time it rained Blood , ibid. Eugenius VII . causes the memorable Facts of Kings to be recorded , 162 He is suspected for the Murder of his Queen , but causlesly , ibid. Eugenius VIII . slain in an Assembly of the Nobles , 163 Evonia Castle , 20 Eusdale County so called from the River Ewes , 13 , 140 Examples of Princes more influential on Subjects than their Laws , 155 Exchequer Officers defend sometimes most unjust Laws , 113 Exchequer Profits , sometimes Disprofits , 35 Excommunication , unjustly pronounced , affects not the Excommunicated , 272 Exile more tolerable than Servitude , 132 F FAbilla , or Fable , Isle , 30 Fair , or Fara , Isle , 36 Faith , or Fidelity , towards wicked Persons unsteadfast , 105 , 107 Sacred among Souldiers , 319 , 330 Not to be kept with Hereticks , as Papists say , ( 130 ) Falamgal Isle ; see Finlagan , Falcons , in the Isle of Muick , 28 Famine breaks stout Spirits , 140 Famine and Pestilence in Scotland , 388 Fara Isle , 29 Farrow-head , 21 Faunus's Oracle , 43 Fenella commands Kenneth to be slain , 169 Feraia Isle , 29 Ferchard I. King of Scots , 158 Endeavours to introduce Tyranny , ibid. Maliciously nourisheth Factions amongst his Nobles , and is guilty of the Pelagian Heresy , 159 He kils himself , ibid. Ferchard II. wickedly kils his Wife , and abuseth his Daughters , 160 He is excommunicated , reproved by Coleman , and repouts at his Death , ibid. Feredeth , King of the Picts , 166 Ferelay Island , 30 Fergus I. King of Scots , sent for out of Ireland , 95 The Kingdom settled on him by Common Consent , 96 Drowned at Carickfergus in Ireland , 97 Came first into Albium , when Alexander the Great took Babylon , ibid. Fergus II. whilst a Child , flies by Sea , with his Parents , into Scandia , is recalled from thence , and made King , 133 , 134 He is slain in Fight , 137 His Praise , with a Comparison between him and Fergus I. ibid. He is deservedly called , The second Founder of the Scotish Kingdom , ibid. Fergus III. poisoned by his Wife for his Adulteries , 163 She owns the Fact , and kils her self , 164 Fergus of Galway's Children disagree after his Death , 246 Feritharis , King of Scots , 97 An old Law concerning Succession to the Crown , made in his Time , ibid. Ferlegus , Son of Fergus , conspires against his Vncle , for which he is condemned , 97 , 98 Fethelmach , King of Scots , 127 Fidler , or Harper , One kils King Ethodius I. 116 Another assists to destroy Fethelmach , 127 Fifteen Iudges appointed in Scotland , but soon disused , ( 59 ) Fife County , 18 So called from Fifus , 170 Fights memorable between Scots and English , 355 At Bannock , 267 At Otterborn , 317 , 318 , 319 Fish shapeless , 29 A strange sort , ibid. Fincormachus , King of Scots , 125 Findochus , King of Scots , 121 Overcomes Donald , ibid. Is slain by means of his Brother Caransius , 122 Finelaw , or Finlaw , Bishop , Author of ill Counsels , 339 Finlagan Isle , 26 Finnanus , King of Scots , 102 Fiole Isle , 25 Flada Isle , 24 , 28 , 29 , 30 Flanders , Artificers sent for from thence into Scotland , 347 Flata Island , 36 Flattery , the Pest of great Families , 363 , 380 Flavanae Isles , 30 Fordun , 19 Forestia , ibid. Forth , or Scotish Sea , 13 Fortune , an Example of its Inconstancy , 375 Fotlar Isle , 37 Francs , Who ? 46 Francis I. King of France , by the help of the King of England , restored to liberty out of the Hands of the Spaniards , ( 62 ) He sends the Earl of Lennox into Scotland , ( 78 ) Is alienated from Lennox , ( 83 ) Sends Montgomery into Scotland , ( 91 ) Francis II. of France , sends La'bross into Scotland , ( 136 ) He is influenced by , and is under the Power of , the Guises , ( 150 ) His Death , ibid. Francis , Duke of Guise , Curator of the Kingdom of Scotland , ( 114 ) Appointed General of the Popish Faction , ( 153 , 174 ) Franciscans , or begging Friars , their Wealth , ( 128 ) France , its miserable State , ( 151 ) It s King Francis promises to aid the Scots of the Queen's Faction , ( 254 ) And the Scots Rebels , ( 279 , 280 ) Vpon what Grounds he did it , ibid. Frazer's Family almost extinct , ( 89 ) Frederethu● slain , 166 Friend betrays Friend , 332 Their Injuries the most grievous , 314 Our Father's Friends not to be neglected , 101 Friendship with Princes far off , sometimes safer than with Those nearer home , ( 44 ) French , Gauls , Fran●s , their Original , 46 They receive Characters of Letters from the Massilian Greeks , 38 Their Communion with the Brittons , 61 When French and Scots Alliance first began , 165 They send Aid to the Scots , ( 90 , 106 ) Their Souldiers very licentious , 313 Their Army leaves Scotland , 314 Their unjust Demand , 312 What Good the Scots got by their Alliance , 322 Their King distracted , 334 They ask Aid of the Scots , ibid. They renew their League with the Scots , 240 , 251 , 273 French and Scots Souldiers mutiny , ( 109 ) Their Auxiliaries in Scotland cannot forbear their wonted Plundering , ( 314 ) They hinder an Alliance with England by Bribes , as much as they can , ( 43 , 44 ) Assault Werk Castle , ( 45 ) Their Souldiers kill the Governour of Edinburgh , with some of the Citizens , ( 209 ) They design to surprize Hadington , ibid. They are disgusted by the Scots , ( 110 ) French and English in Scotland agree , ( 111 ) French transported into their own Country , ( 112 ) French King sends Auxiliaries to strengthen the Queen Regent , ( 135 , 143 ) French Embassadors Demands from the Reformed , ( 136 , 152 ) French their contumelious Pride against some of the Scots , ( 143 , 144 ) Their Design to establish Tyranny , ibid. French Embassador busy between the Queen and the Royalists , ( 218 , 219 ) Vpon the Queen's Overthrow he sculks away , ( 221 ) French to leave Scotland by Consent , ( 149 ) French Ship sent with Provision and Ammunition into Scotland , taken by the Royalists , ( 279 ) French Tongue heretofore not much different from the British , 58 Friars Mendicants Mercenaries to Parish-Priests and Curats , ( 345 , 346 ) Their Opinions ; and why Manducants rather than Mendicants , ( 129 ) Fuda Isle , 29 G GA Letter commonly used by the French for V , 60 , 61 Gaga Isle , 25 Gald , Gael , Galle , 62 Galdus , the Sir-name of Corbred , what it signifies , 109 Galeatius Sforza slain by his Vncle , ( 231 ) Gallovid , in Old Scotish signifies a Gaul , 14 Galo , Cardinal , the Pope's Legat in England , 237 He excommunicates the Scots , 238 A wicked and avaritious Man , ibid. Galvinus , Son of Lothus , 151 Galway , why so called , 14 , 61 , 139 Garalinga Isle , 29 Garaard , King of the Picts , 162 Garvae Isles , three , 25 Garvillan Isles , 30 Gavin Isle , 25 Gauls sent Colonies into Spain , 48 Into Italy , 49 Into Germany , ibid. Into Britain , 50 Into Ireland , 51 Gathelus , a Prince , feigned by some to be the Founder of the Scots Nation , 46 Gawin Dunbar , the King's Tutor , made Chancellour , ( 54 ) Gawin Douglas called Archbishop of St. Andrews , ( 29 ) Committed to Prison , ( 164 ) Genrach Isle , 26 Geoffry of Monmouth , a Writer of British Affairs , 8 Geldrians come to help the English against the Scots , 295 Geloni , painted their Bodies , 53 Genistery , or Broom , Isle , 25 George Buchanan , imprisoned for Religion , escapes out of his Chamber-Window whilst his Keepers were asleep , ( 67 ) He is sent in Embassy , with others , into England , ( 224 ) His ingenuous Speech concerning Himself , 71 George , Brother to the Earl of Douglas , made Earl of Ormond , 377 Commands the Forces against England , 378 Extolled for his Victory over them , 380 Declared a publick Enemy , 387 Beheaded , 390 George Douglas , Earl of Angus , 377 His memorable Fact , 398 He is against the Queen Mother , 399 His bold and unworthy Speech to the King , ( 50 ) George Douglas , the Regent's youngest Brother , ( 217 ) Delivers the Queen out of Prison , ( 218 ) George Dunbar , Earl of Merch , espouses his Daughter to David , King Robert's Son , 325 Which Marriage not taking effect , he joins with Percy of England against the Scots , 326 Proclaimed a publick Enemy , ibid. Percy and he overthrow the Scots , 307 Takes Douglas Prisoner in Fight , 327 Ioins with Percy against the King of England , is wounded , and taken Prisoner , 329 Being reconciled to the Regent , returns into Scotland , 332 George Gordon sent with an Army against England , ( 70 ) The King's Hatred against him , ( 71 ) Accused and imprisoned , ( 115 ) Released , ( 116 ) Studies to raise Commotions , ( 154 ) Privy to the Conspiracy against Murray , ( 168 ) Condemned for Treason , ( 170 ) Restored by the Queen to his former Dignity , ( 173 ) Chief of the Queen's Faction , ( 209 ) George Lesly , Earl of Rothes , sent Embassador into France , ( 121 ) There poisoned , as 't was believed , ( 122 ) George Ruven slain , ( 282 ) George Wiseheart , Preacher of the Gospel , ( 93 ) Persecuted by Cardinal Beton , against the Regent's Mind , ( 94 ) Foretels the Death of Cardinal Beton , ( 97 ) His pious and Christian Deportment before , and at , his Martyrdom , ( 95 , 96 , 97 ) Gerlock Isle , 28 Gerlock Bay , See Loch-ger . 17 Gersa , or Gress-oy , Isle , 37 Gernich , or Gaxnico , 22 Germany , whence so called , 42 Germ●n● , their fabulous Original , 45 Ingenious in relating the Origin of their Nation , 38 , 39 German Navy lands on the Coast of Scotland , 94 Gessoriaci , i. e. People living about Calais , 10 Getes , painted their Bodies , 53 Gethus , King of the Picts , 97 Slain , 100 Getini , and Getae , whence ? 49 Geurasdil Isle , 25 Gigaia , or Gega , Isle , ibid. Gigamena Isle , ibid. Giles , Tutelary God of Edinburgh , his Show affronted , ( 124 ) Gilbert Kennedy slain by the Command of James Douglas , ( 57 ) A Man of a great Spirit , ibid. Kennedy's Constancy in keeping his Word , ●77 ) Gilbert Kennedy , Earl of Cassils , sent Embassador into France , ( 121 ) He dies there , not without the suspicion of Poison , ( 127 ) Gilbert , his Son , chosen Iudg in Bothwel●s ●s Case , but excuses himself , ( 195 ) Gilchrist kils his Wife , the King's Sister , for her Adultery , 234 King William's General , 230 Banished , but received again into Favour , 234 Gilcolumb slain , 164 Gildas quoted concerning Britain , 93 He wrote 400 Years after Tacitus , 38 Favoured by Aurelius Ambrosius , 148 A good Man , and died at Glastenbury in Somersetshire ; the Prophecies that go under his Name , not genuine , ibid. Gildominick , and the Murray Men , suppressed , 230 Gilespy Cambel , an Actor in the Reformation , ( 129 ) Recalled by threatning Letters , by the Queen Regent , ( 130 ) Gilespy , Earl of Argyle , banished , ( 175 ) His Levity , ( 206 ) Privy to the Queen's Wickedness , ( 216 ) General of her Army , ( 220 ) Refuses to own himself a Subject to the King , ( 234 ) The Regent receives him into Favour , and he is in great Authority , ( 235 , 251 ) Gillan Isle , 30 Gillo , Commander of the exiled Scots , 129 Gillus , the Bastard , King of Scots , 104 Flies into Ireland , 105 Slain by Cadvallus , 106 Glascow , 14 The Bishop thereof frightned by a Voice from Heaven , 376 Glass Isle , 28 Glenluce , 14 Glotta River , i. e. Clyde , 14 Glottiana ; see Clydsdale . Goat Isle , 25 God's Favour attends the Good , 213 Gom●dra Isle , 27 Goran , King of Scots , 148 Persuades the Kings of the Picts and Brittons to join with the Scots against the Saxons , 148 He is treacherously slain by his Subjects , 154 His Wife and Children fly into Ireland , ibid. But are recalled by Congal II. 155 Gordons at Feud with the Forbes's , ( 284 ) Gordon an Enemy to Murray , ( 162 ) He labours to destroy him , ( 164 , 166 ) His Design against him , at one time , wonderfully prevented , ( 168 , 169 ) Gordon's bold Attempt against the Queen her self , ( 167 ) Gorlois wickedly slain by Uter , 149 Goropius reproved , 10 Goths , Who ? 33 Gothunni , and Gothini , who ? 49 Grafton censured , 252 Graham , or Grame , 135 Appointed Tutor to Eugenius , 137 Recals Christian Pastors into Scotland , 140 Graham's Dike , 138 Grampian Hills , or Mountains , 17 Gramry Isle , 25 Granisa Isle , 36 Gray hath the chief Command in Scotland against the French , ( 146 ) Gregory , King of Scots , his famous Atchievements against the Picts , Danes and Brittons , 175 , 176 He takes several Cities in Ireland , 177 Green Isle , 25 , 28 Grevan River , 14 Gria Isle , 30 Griffin slain in Fight , 156 Grime , King of Scotland , 198 Makes an Agreement with Malcolm , ibid. Which he afterwards breaks , is overthrown , and made Prisoner , 199 And dies , 200 Groom in a Stable , his bold Attempt on James Hamilton , in revenge of his Master's Death , ( 52 ) For which he is put to Death , ibid. Gruinorta Isle , 31 Guidi , 15 , 92 Guises , their Desire to hasten the Marriage of Mary with the Dolphin , ( 221 ) Their over-great Power suspected , ( 122 ) They design Scotland , as a Peculiar , for their Family , ( 151 ) They seek to destroy James , Earl of Murray , as an Enemy to Popery , ( 165 ) Gun Isle , 27 Guns , i. e. Great Ordnance of Iron , when first began to be used in Scotland , 394 H HAdington , 13 Deserted by the English , ( 111 ) Hago , a Danish Admiral , 181 Haie , or Hea , Isle , 30 Hakerset Isle , 29 Hamiltons , the Original of their Family , 273 Hamilton leaves the Party of the Douglasses , 390 Hamiltonians willing to free the Queen out of Prison , ( 216 ) Overthrown in Battel , and some of them taken Prisoners , ( 221 , 222 ) They meet at Edinburgh in behalf of Queen Mary , ( 252 ) Hara Isle , 37 Harald , Earl of Caithness , punished for his Cruelty , 235 Haraya , or Harray , Isle , 31 Harpers , of old , used to lie in the Bedchamber of the King , and of the Nobles , in Scotland , 116 Harrick Isle , 30 , 31 Havatere , or Havere , Isle , 30 Havelschire Isle , 29 Haura Isles , the great and the less , 31 Hay , and his two Sons , fight for their Country , 191 Hath a Coat of Arms assigned to his Family , 192 The Name almost extinguished , 286 Heath Isle , 21 Heath , its Nature , 23 Good to make Beds to lie on , ibid. Hebrides Isles ; see Aebudae . Hector Boetius blamed , 13 Mistaken , 76 Compared with Lud , 80 Helena , Mother of Constantine , 124 Hellisay Isle , 29 Helscher vetularum Isle , ibid. Helricus , a Danish Admiral , 181 Hengist , Captain of Pirates , hath Lands given to him in Britain , by Vo●tigern , 144 Henry I. of England , never laughed after the dr●wning of most of his Children , 224 He settles the Succession on his Daughter Maud , ibid. Henry II. Son of Stephen , King of England , seeks occasion for a War against Scotland , 224 Malcolm of Scotland acknowledges himself his Feudatary , ibid. Henry IV. of England , 326 His Death , 333 Succeeded by Henry V. ibid. Henry V. takes James I. King of Scots , with him into France , 336 Henry VI. undervalues the Nobility , and advances Vpstarts , 392 A Conspiracy against him by the Nobles of England , ibid. He is taken by the Duke of York , and brought to London , 396 He flies into Scotland , 397 Ioins Battel with Edward IV. and is overcome , 398 Returns privately to England , and is taken , ib. Henry VII . succeeds Richard III. who was slain in Battel , 429 He denounces War against France , ( 16 ) Desires to make a perpetual League with the Scots , 430 Marries his Daughter Margarite to James IV. ( 14 ) War denounced against him by James , as he was besieging Tournay , ( 20 ) His Magnanimous and Kingly Answer to the Heraulds , ibid. He eases the Commonalty of some old Burdens , 71 Henry VIII . desires the exiled Douglasses may be restored , ( 60 ) By the French Embassador he desires a Peace with the Scots , ibid. He sends Controversal Books of Divinity to James V. ( 62 ) Complains the Scots had violated the Law of Nations , wars upon them , takes Leith , and burns Edinburgh , ( 82 , 83 ) His Forces are worsted , ( 89 ) His General persuades the Scots to Peace , ( 102 ) Gives the Scots a great Overthrow , ( 104 ) Henry of France sends some German Foot into Scotland , ( 106 ) He displaces the Regent by Subtilty , ( 113 ) Henry Percy invades Scotland , 306 His Horse affrightned with rattling Instruments ▪ 307 His Duel with James Douglas ▪ 317 Henry Percy , the younger , overthrows the Scots at Homeldon , 327 Conspires against his own King , 329 Henry Stuart comes out of England into Scotland , ( 171 ) Made Duke of Rothsay , and Earl of Ross , by the Queen of Scots , ( 174 ) At which many of the Nobles are disgusted , ( 175 ) He marries the Queen , ibid. Strangely disrespected at the Baptism of his own Son , ( 186 ) He withdraws from Court , ibid. Is poisoned , but overcomes it by the strength of his Youth , ( 186 , 187 ) A Design to destroy him , ( 187 , 188 ) Is actually murdered , ( 190 ) Heraulds slain against the Law of Arms , 230 Hergustus , King of the Picts , 127 , 131 Hepburn ( John ) insinuates himself into the new Regent , ( 32 ) Heris hanged by James Douglas , 384 H●rmodra Isle , 30 Herodian quoted , 76 Heruli , who ? 89 Hethland Isles ; see Schetland . High Isle , 25 Hirta Isle , 30 Historians , their flattering Dispositions , 46 Hoia Promontory , 21 Hollanders Fleet spoiled by Alexander Earl of Marr , 349 Holland Horse sent for over into England , 275 Holmes , i. e. Plains full of Grass , 35 Holy Isle , or Lindisfarm , 398 Honnega Isle , 37 Horestia , 18 Parted between two Brothers , 170 Horses Isle , or Naich , 28 Hugh Kennedy , his couragious Answer , ( 51 ) Huilin Isle , 30 Hulmena , 31 Humber River , 13 Humble Isle , or Ishol , 25 Hume Castle surprized by the Scots , ( 107 ) Hungus , the Pict , fights prosperously against Athelstan , 165 He prays to God , and is encouraged by a Vision , ibid. He offers Tithes to St. Andrew , ibid. His Death , 166 Hunting Laws made by King Dornadilla , 89 And by King Ethodius , 116 Huntly overthrown by James Earl of Murray , taken and pardoned , ( 235 , 237 ) Hypoconistical , i. e. Diminutive , 6 I JAmes I. Son of Robert III. sailing for France , is taken by the English , 330 Where he is educated and married , 331 , 338 His Return to Scotland , upon a Ransom , 398 Crowned King , ibid. Renews a League with France , 340 , 352 Punishes the Captains of Thieves , 341 , 343 Twins born to him , 344 He rectifies Weights and Measures , ibid. Reforms the Ecclesiastical Estate , and erects publick Schools , 345 Invites Tradesmen from beyond the Seas , 347 Perfidiousness imputed to him , answered , 353 , 354 Is cruelly murdered , 356 His Character , 356 , 357 James II. King of Scots , 359 Carried out of the Castle of Edinburgh , in a Chest , by his Mother , 361 Taken again by the Chancellour , and brought to Edinburgh , 365 Enters on the Government , 371 Marries Mary , Daughter to the Duke of Guelderland , 380 He kils William Douglas , 386 Marches to assist the English Nobles , 391 , 392 Deceived by a counterfeit Embassador from Rome , suborned by the English , 393 Takes Roxburgh Town , ibid. His casual Death in his Camp , 394 His Queen encourages the Souldiers , and takes Roxburgh Castle , ibid. His Character , 395 James III. begins his Reign at seven Years old , 396 Six Regents of the Kingdom in his Minority , 407 His Mother's Death , ibid. In his Time a Truce made with England for five Years , 407 Marries Margarite , the King of Denmark's Daughter , 413 , 415 His Death foretold , 420 He degenerates into Tyranny , ibid. Addicts himself to Evil Counsellours , 231 The Nobles arm against him , 432 Is slain by them in Fight , 433 His Character , 434 James IV. ( 1 ) Chosen General by the Nobles against his Father , 432 His first Parliament , which justifies taking Arms against his Father , ( 5 ) His Clemency and sorrowful Resentment for his Father's Death , ( 6 ) He leads an Army into England , ( 11 ) Marries Margarite , Henry VII . of Enggland's Daughter , ( 14 ) Builds a vast Ship , and is prof●se in other Buildings , ibid. Resolves to go to Jerusalem , but prevented , ( 15 ) Sends Forman into England , to pick a Quarrel , ( 16 ) Denounces War against England , ( 20 ) Resolute in his Opinion , ( 22 ) Fights with the English at Flodden , where he is overthrown and slain , ( 24 , 25 ) Doubtful Reports concerning his Death , ( 26 ) Some Aspersions cast upon him , indeavoured to be wiped off , ( 27 ) His Character , ( 27 , 28 ) James V. ( 28 ) Enters upon the Government , ( 46 ) He and his Mother in the Power of the Douglasses , ( 47 ) He frees himself from them , ( 53 ) He is an Enemy to their Faction , ( 50 ) Inclinable to a French Alliance , ( 65 ) Three Maries offered to him , ( 62 ) Treats with the Emperour about a Match , ( 61 ) Visits the Orcades , ( 62 ) And other Isles of Scotland , ibid. Receives Controversal Books of Divinity from Henry of England , ( 63 ) Agrees to an Interview with Henry , which is disappointed , ( 64 ) Sails to France , and marries Magdalen , Daughter to their King Francis , who soon dies , ( 65 ) He accuses his Nobility as Dastards , ( 70 ) He marries Mary of the House of Guise , ( 66 , 67 ) His presaging Dream , ( 69 ) He dies with Grief for the Loss of his Army , ( 71 ) His Character , ( 71 , 72 ) James VI. his Birth , ( 183 ) His Mother endeavours to get him under the Power of Bothwel , ( 205 ) Enters on the Government , ( 214 , 215 ) James Abernethy , a skilful Physician , ( 186 ) James , Earl of Arran , Son to James , returning from France , sides with the Reformers , ( 135 ) Goes to his Sister Mary the Queen , ( 151 ) Hardly persuaded to allow the admission of the Mass in the Queen's Chappel , ( 159 ) Made Earl of Marr , and afterwards of Murray , ( 161 ) James Balfure , Governour of Edinburgh Castle for the Queen , ( 206 , 207 ) He raises Insurrections , ( 226 ) James Culen taken and executed for his Crimes , ( 279 ) James , the first Earl of Douglas , 308 James Douglas joins with Bruce , 263 He marches with great Forces into England , 275 James , sirnamed Crassus , the Douglasses being dead , succeeds to the Right of the Earldom , 370 He dies , ibid. James Douglas marries Eufemia , Daughter to Robert II. 306 His Duel with Henry Percy , 316 Is slain , fighting valiantly , 318 His three last dying Requests , ibid. James Douglas made Earl , when William Douglas , his Father , was slain , 386 He accuses the King and Nobles of Perfidiousness , ibid. Proclaimed a publick Enemy , 387 Marries Beatrix , his Brother's Widow , 388 Persuaded to a Reconciliation with the King , which he refuses , ibid. Being forsaken by his Friends , he applies to England for Aid , 389 And to Donald the Islander , 390 Forsaken by his Wife , ibid. James Douglas , Earl of Morton , and Alexander Hume , take the Coronation-Oath for King James VI. in his Minority , ( 214 ) He provides for the Common-wealth at his private Charge , ( 215 ) Commands the King's Army against the Queen , ( 220 ) Goes into England with the Regent , ( 224 ) Sent Embassador into England , ( 261 ) His Cheerfulness to encounter the Enemy , ( 278 ) Taken Prisoner , and then takes him Prisoner , whose Captive he was , before , ( 282 ) James Haliburton taken Prisoner , ( 281 ) James Hamilton , Earl of Arran , Admiral of a Navy under James IV. ( 16 ) He plunders Knockfergus in Ireland , ibid. At last sails for France , ( 17 ) Is chosen Regent , ( 75 ) Opposes Archibald Douglas , after his Return from France , ( 39 ) Highly disgusted by King James V. ( 65 ) Compelled to change his Opinion concerning the Controverted Points of Religion , ( 79 , 80 ) His shameful Flight , Vanity and Inconstancy , ( 84 , 86 ) Remiss in the Case of George Wiseheart , ( 111 ) Corrupted by Avarice , ( 112 ) Put from his Regency , and made Duke of Chastle-herault , ( 113 , 114 ) James Hamilton returns from France , ( 229 ) Endeavours to engage Queen Elizabeth of England , to make him Regent , ibid. But without Success , ( 232 ) He submits to the Regent , ( 234 ) James Hamilton , Son of the Archbishop of St. Andrews's Sister , treacherously shoots Murray , and kils him , ( 245 , 246 ) James Hamilton , a Bastard , Brother to the Earl of Arran , chosen Iudg against the Lutherans , ( 68 ) He is tried , condemned , and executed , ( 69 ) James Hepburn , Earl of Bothwel , committed to Prison , ( 163 , 164 ) But escapes , ( 167 ) Banished , ( 66 ) A Rival to the Earl of Lennox , ( 80 ) Called out of France by the Queen , ( 171 , 172 ) Endeavours to supplant Murray , ( 163 ) Divorced from his former Wife , ( 198 ) Procures a Schedule from the Nobility about his Marriage with the Queen , ( 196 ) Surprizes and marries the Queen , ( 199 ) Outlawed , ( 173 ) Accused of the King's Murder , ( 194 ) His Mock-Trial , ( 173 , 193 , 195 ) Wounded by an High-way Pad , ( 184 ) Designs to destroy Murray , ( 192 ) His Challenge answered , ( 209 ) He flies , ( 210 ) And dies distracted in Denmark , ( 215 ) James Kennedy , Archbishop , an Adversary to the Douglasses , 373 Retires from a corrupt Court , 376 Disallows the Faction of the Queen-Mother , 399 His Oration , that Women ought not to govern , 401 , &c. His Praise , Death and Character , 409 , 410 James Kennedy builds a vast Ship , 420 James Levingston put to Death by the Douglassian Faction , 375 , 376 Lindsy's Obstinacy in following his Enemies , 319 James Macgil sent , with others , Embassador into England , ( 224 , 261 ) James Macintosh unjustly put to Death , ( 160 ) James , the Son of Murdo , burns Dumbarton , 339 James , Earl of Murray , appointed Vicegerent , ( 60 ) Settles the Borders , ( 57 ) Sent into France , ( 63 ) James , Earl of Murray , refuses to associate with the Queen and Bothwel , ( 204 ) But chuses rather to leave the Land , ( 205 ) He returns from Travel , and is made Regent , ( 213 ) His resolute Speech , ( 217 ) He meets the Queen of England's Embassadors at York , ( 224 ) Waylayed by his Enemies in his Iourny , ibid. Goes to London , ( 226 ) Where he manages the Accusation against the Queen , ( 227 ) Whence honourably dismiss'd , and his Transactions there approved in Scotland , ( 233 ) He is deserted by his Friends , ( 243 ) Too c●●eless of himself , ( 245 ) Killed by one of the Hamiltons , ( 246 ) His laudable Character , ( 246 , 247 ) James Murray offers to encounter Bothwel , hand to hand , ( 209 ) James Sandiland , Embassador from Scotland to France , ( 150 ) James Sandiland sent against the Thieves , ( 59 ) Carries Propositions from the Reformers to the Queen Regent , ( 125 ) James Stuart marries Joan , the Widow of James I. 364 Is banished , 375 James Stuart , the Queen's Brother , puts the English to a Retreat , ( 108 ) Hath threatning Letters sent him by the Queen , ( 130 ) An Actor in reforming Religion , ( 131 ) Made Earl of Marr and Murray , ( 161 ) Iceni , and Icium , 10 Icolumbkil , 26 Idleness , the Source of Mischief , 345 Idlers Isle , or , of the Otiosi , 25 Ierna , i. e. Ireland , 69 Jews imitated by the Romanists , 381 Issurt , or Issert , Isle , 30 Igerne , vitiated by Uter , yet he afterwards marries her , 149 Ignis Fatuus , what ? ( 264 ) Ila Isle ; see Yla . Ilan na Covihaslop , 26 Images demolished at Perth , ( 128 ) Immersi Isle , 26 Impostors , notorious ones , 393 , ( 6 , 7 , &c. 58 ) Indigenae , who ? 42 , 50 Indulfus , King of Scots , 181 Casually slain by the Danes , 182 Indulgence , over-much to Children , punished , 337 Informers , though sometimes allowed , yet dangerous Instruments in a State , 148 Inhumanity to Prisoners , 297 Innerlochy , 20 Innerness , 20 Interregnum in Scotland , after Alexander the IIId's Death , 245 Inundation of the River Tay at Perth , 236 And great Ones in Lothian , 305 John Annins writes the Original of the Brittons in Verse , 42 Johannes Scotus sent for by Charles the Great , 165 Johns , or Jeans , Isle , 26 John Baliol his Genealogy , 246 , 247 , 248 More solicitous for a Kingdom than a Good Name , 250 Made King , and surrenders himself and Kingdom to the King of England , ibid. He confesses his Fault for so doing , 251 Disgusts Edward of England , 252 Overthrown by Edward , made Prisoner , and released , 251 , 252 , 253 John , King of England , meditates a War against Scotland , 235 Makes divers Leagues with the Scots , 236 Enters Scotland , 237 The Pope's Beneficiary , ibid. Poisoned by a Monk , 238 John , Son of Alexander , Brother to James III. Duke of Albany , declared Regent , when in France , ( 31 ) He arrives in Scotland , ( 32 ) Gets the Queen Mother into his Power , ( 34 ) Goes into France , appointing Governours in his Absence , ( 37 ) Returns to Scotland , ( 39 ) Raises an Army against England , but makes a Truce , ( 40 , 41 ) Goes again into France , whence he returns with a great Navy , ( 41 , 42 ) Marches into England , and assaults Werk-Castle , ( 45 ) Goes the third time into France , and his Power is vacated in his Absence , ( 46 ) John Erskin sent Embassador into France , ( 63 ) Of the Queen's Faction , ( 105 ) Made Governour of Edinburgh Castle , ( 115 ) Sent Embassador into France , ( 121 ) John , Brother to King James III. put to death , 421 John Erskin favours the Reformation , ( 126 ) Afraid of the Queen Regent , ( 128 ) Beats the Rebels out of Sterlin , ( 282 ) Chosen Regent , ( 283 ) Straitens Edinburgh , ( 286 ) John Armstrong , Captain of Thieves , executed , ( 57 ) John , Earl of Athol , marries Beatrix Douglas , 301 He & his Wife taken Prisoners by Donald , 408 John , Earl of Buchan , aids the French King's Son , 334 Made Lord High Constable of France , 335 Slain there by the English , 336 John Cumins marches into England , and wasts Northumberland , 253 His Treachery against Robert Bruce , 2●0 Which cost him his Life , ibid. John , Earl of Carick , base Son to Robert II. 307 John Cockburn of Ormiston , wounded , and taken by Bothwel , ( 140 ) John Cuningham imployed in surprizing Dumbarton-Castle , ( 263 ) John , Earl Douglas's Brother , made Baron of Balvany , 377 Proclaimed a publick Enemy , 387 John Damiot , a Conjurer , foretels Rize's Death , ( 182 ) John Forb●s condemned and beheaded , ( 6● ) John Fordon , Author of the History , called , Scoto-Chronicon , 146 John Fleming , the Queen's Governour of Dumbritton Castle , when it was surprized , ( 263 ) He escapes , but his Wife is well treated by the Regent , ( 265 ) John Fleming of Bogal taken there , ibid. John Herris undeservedly put to Death by the Douglasses , 384 John Hepburn powerful and factious , ( 31 ) His Feud with the Hume's , ( 32 , 33 ) He insinuates himself into John the Regent , ( 31 ) Accuses Douglas , Hume , and Forman , ( 3● ) John Gordon , ●arl of Huntly , taken by Murray , and put to Death , 170 John Hamilton , Archbishop of St. Andrews , ( 103 ) A de●o●st Man ▪ ( 111 ) John Hamilton , troubled in Conscience for the King's Murder , discovers his Complices , ( 267 ) John Kennedy made one of the King's Guardians or Tutors , 407 John Knox preaches to reclaim those that kill'd Card●nal Beton , ( 100 ) His Sermon to the People of Perth , for the Reformation , ( 128 ) 〈◊〉 which they destroy Popish Shrines , ibid. His encouraging Sermon to the Reformers at S●erlin , ( 141 ) Hi● Sermon at King James VI. his Inaugurati●n , ( ●14 ) John II. lays the Foundation of Tyranny in Portugal , 434 John Lesly pr●vy to the Conspiracy against James Earl of Murray , ( 167 , 169 ) John Mac-Arthur , Captain of To●ies , executed , 341 John Melvil put to Death , ( 11● ) John , Earl of Marr , Brother to James III. put to Death by opening a Vein till he expired , 421 John Murdera●h taken , ( 116 ) John Monlu● , Bishop of Valence , in Scotland , ( 14● ) John Maxwel of Herris revolts from the Reformers , ( 176 , 177 ) The Queen puts little Trust in him , ( 222 ) Made Prisoner by the Regent , but released without publick Authority ( 253 ) John , Earl of Marr , a Commander in the King's Army , ( 220 ) John Randolph sent into France , 287 Made Regent , 294 Taken Prisoner by the English , 295 Slain in Fight , 322 John Scot , his wonderful Abstinence from Food , ( ●8 ) John Duns Scotus , where b●rn , 306 John Ramsy preserved by the King , 425 Proves an Evil Counsellour to James III. 431 John Stuart , Earl of Lennox , revolts from the Regent , ( 35 ) But is again received into Favour , ibid. He endeavours to take the King from the Douglasses , and is slain , ( 50 ) John Stuart , Earl of Athol , sent against John Murderach , ( 116 ) A Pro●urer of the Match between Henry and Mary Queen of Scotland , ( 192 ) He loses h●s Opportunity , ( 206 ) John Vien , Admiral of the French Navy in Scotland , 311 John Windram secretly favours the Cause of True Religion , ( 65 ) Joan Douglas , and her Husband , their miserable Ends , ( 66 , 67 ) Joan , the Wife of James I. her manly Fact , 360 Put in Prison with her Husband , 364 Her Death , 395 Joseph Scaliger amends a Place in Seneca , 76 Jos●●a , King of Scots , 101 A Lover of Chirurgery , 102 Ireland's ancient Inhabitants called Scots , 73 Irish break in on Galway in Scotland , 177 And are overthrown by King Gregory , ibid. Irish Scots make Peace with the Romans , 130 , 131 Irish Air temperate , 2 , 51 Colonies of Gauls sent into Ireland , 51 Description of Ireland out of Solinus , 85 Irwin River , 14 Island in Shape like a Man , 26 Islands encompassing Scotland , their Order and threefold Division , 22 Islanders parsimonious , 33 Healthful and long-liv'd , 37 Prone to rebel , 207 Islanders , Western , their Manner of Living at Home and Abroad , 23 , &c. Isa , or Ishol , Isle , 29 , 30 Issidorus , i. e. Issoir , a City in France , Judgments and Tryals of Nobles , how anciently managed in Scotland , 340 Jule-tide , or Christmass , as 't is called , licentiously observed , 151 Julian Romer taken , ( 110 ) Agricola's Exploits in Britain , 109 , 110 Recalled from thence , 111 Junius Brutus , ( 271 ) Julius Caesar , the first Roman that entred Britain with an Army , 84 Julius Frontinus in Britain , 86 , 109 Jura Isle , 25 Justice can do more than Terrour of Arms , 180 , 189 The most popular thing , 348 Juverna , Ireland so called , 69 K KArrera Isle , 25 Katharine Medices , after her Son's Death , undertakes the Government , ( 151 ) Keames Castle , 25 Kebercurning , 22 Kedwalla , King of the Brittons , 159 Keligire Island , 30 Kellasa Isle , ibid. Kelvin River , 16 Ken River , 14 Kenneth I. King of Scots , 158 Kenneth II. 167 Compared with Fergus II. persuades the Nobility to war with the Picts , and overcomes them in Battel , 169 He may be called the third Founder of the Scotish Kingdom , 170 Kenneth III. 187 Circumvents his Nobles by a Wile , 188 Causes Malcolm to be poisoned , 193 Troubled in Conscience for it , 195 Makes new Laws concerning the Succession of the Kingdom , 193 , 194 Worsted at first by the Danes , yet afterwards overthrows them , 190 , 191 Slain by Fenella , 196 Kenneth , King of the Picts , 167 Kentigern , 145 Keniburgh Islands , the Great and the Small , 27 Kernici , who ? 22 Kernicovalli , ibid. Kingly Government , what ? ( 268 ) It s Origin , ibid. Kings , their Distress moves Pity , 213 Kings in Scotland not to do any publick Affairs without advising with their Nobles , or Estates of the Realm , 102 , 230 , 251 They used to ride the Circuits themselves , for the Administration of Iustice , before Itinerary Iudges were appointed , 103 , 123 Their Wives anciently not called Queens , 402 Not in their Power alone to make Peace or War in Scotland , 322 They are inferiour to the Laws , ( 269 ) How their publick Revenue , if spent , may be encreased , 114 A Law for their successive inheriting the Crown , confirmed , 194 , 195 Kings , if young , their Favours slippery , 416 Subjects apt to degenerate into their Manners , 111 King , desiring to be revenged on his Nobles , endeavours to set them one against another , 431 Kings-Cross , or Re-cross , in Stanmore , what ? 238 Kinnatel , King of Scots , 155 Kinross , 170 Its Sheriffwick , 18 Kinloss Abby , 184 Kinthern ; see Cantire . Kirkwal , the chief Town in the Island Pomonae , or Mainland , 35 Kirta Isle , 30 Knapdale , 17 Kyle , 14 L L'Abross , a French General , would have all the Nobility of Scotland destroyed , ( 148 ) Laia River ; see Avonlagan . Lambs Isle , 30 Lamlach Isle , 24 Lamot , the French King's Embassador in Scotland , ( 20 ) He moves the Scots to war against England , ibid. &c. Lamyrian , or Lamormoor , Mountains , 13 Lanarch , or Lanerick , 14 Lancaster ( Duke ) Embassador in Scotland , 309 Afterwards invades it , 310 Langside Fight , ( 220 ) Laodice ( Queen ) her Cruelty to her own Children , ( 231 ) Largesses immoderate occasion Want , 203 Lauderdale , so called of the Town Lauder , 13 Laurence Twine persuades Baliol to go for Scotland , 284 Law about Succession to the Kingdom of Scotland , 97 New Ones made , 194 Confirmed , 200 Whether profitable to the Publick ▪ or not , 196 , 197 Law ( too severe ) to confiscate the whole Estates of Condemned Persons , without any Allowance to their innocent Wife and Children , 113 Laws against Theft , 282 Laws about Hunting , their Authors ; see Hunting Laws . Laws , in Scotland , few , besides Decrees of the Estates , ( 59 ) Laxa Isle , 30 Lead , White and Black , found in Pomona , 35 Legat , a counterfeit Roman one , 387 Leith River , 13 Leland quoted , 61 Lenity , over-much , brings Contempt , 381 , 385 , 392 Lennox , or Levin , so called from the River Levin , 140 Lent observed on a politick Account only , ( 170 ) Leon Strozy , Admiral of the French Gallies in Scotland , to revenge the Cardinal's Death , ( 101 ) Lewis Isle , 30 Many Whales taken there , 32 Lewis XI . espouses Margarite , the King of Scots's Daughter , 340 He lays the Foundation of Tyranny , 434 Lewis de Galais , Embassador from France to the Queen's Party , ( 254 ) Liddisdale , so called from the River Lidal , 13 , 140 Liguria , 11 Lilborn worsted by the Scots , 306 Linga Isle , 30 , 37 Lingaia Isle , 39 Lindil Isle , 29 Linlithgo , 30 Lindsay's and Ogilby's Fight , 373 The Lindsays prevail , 374 Lismore Isle , 25 Loch-Abyr , 19 , 20 Loch-Aw , 17 Loch-Brien , 31 Loch-Earn , ibid. Loch-Fin , 17 Loch-Ger , ibid. Loch-Long , ibid. Loch-Lomund , ibid. Loch-Loubrun , 21 Loch-Louch , 20 Loch-Maban , 300 The Castle in it taken by the Scots , 309 Loch-Ness , 20 Whose Water never freezeth , ibid. Loch-Ryan , 14 Loch-Spey , 140 Loch-Tee , 20 Lochindores Castle , 296 Locrine , Son of Brute , 42 Loegria , an old Name for England , ibid. Lollius Urbicus in Britain , 113 London , anciently called Augusta , 89 Longay Isle , 25 Lords of the Articles , who ? 305 Lorn County , 17 Lothian , so called from Lothus King of the Picts , 13 Lothus , King of the Picts , 13 He joins with the Scots against the Saxons , 148 Complains that his Sons were deprived of the Kingdom of Britain , ibid. He is commended , ibid. Lox , or Lossy , River , 20 Luctacus , King of Scots , a flagitious Person , 111 He is slain , ibid. Lud , or Lloyd , allows , that by Prudania is meant Britain , 2 He is refuted , 71 , 72 , 73 , 77 , 78 , 79 , 80 Luing Isle , 25 Lunga Isle , 25 , 27 Luparia , or Wolf , Isle , 25 Lupicianus in Britain , 88 , 89 Luss River , 14 Lusitania , why Portugal so called , as some say , 47 Lust , a Punishment to it self , 186 Lutherans persecuted , ( 63 , 67 , 91 ) Mackbeth's Son , slain by Malcolm , 215 Luxury accompanies Peace , 143 M MAalmori Isle , 26 Macalpine Laws , 70 Macdonald rises in Arms , but is overthrown , and kils himself , 207 , 208 Mackbeth , King of Scots , his Character , 208 His Dream , 210 , 211 He flies , 214 Macdonald his cruel Fact to a Woman , retaliated on himself , 343 , 344 Macduff ill resents Mackbeth , 212 He stirs up Malcolm against him , ibid. Three Priviledges granted him by Malcolm , 215 The first Earl of Fife , 214 He complains against Baliol to Edward of England , 250 Macklan executed by Douglas , 384 Maenavia Isle , 24 See Man. Magistrates have Power over Mens Bodies , but not over their Consciences , ( 127 ) Magna , or Megala , Isle , 29 Magnus , his carousing Goblet , ●4 Magnus , King of Norwey , seizes on the Islands , 221 Makes Peace with the Scots , 242 Magus , Towns so ending , 68 , 69 Maiatae , who ? 26 Mainland ; see Pomona . Main , an English Commander against the Scots , slain in Fight , 3●9 Main , Son of Fergus , 97 King of Scots , 98 Makul , a Criminal , abstains from Food , 236 Maldon , not in Scotland , 16 Maldwin , King of Scots ▪ 160 A Plague in his Time over Europe , ibid. He is strangled by his Wife , 1●● Malgo , a Britain , ibid. Malcolm Fleming executed by the Douglasses , 37● Malcolm I. 18● Sits in Courts of Iudgment himself , ibid. He is slain , ibid. Malcolm II. Competitor with Constantino for the Crown , 197 Confirms the Law for Succession , 2●● Overthrown by the Danes , 2●1 Afterwards overthrows them in several Battels , 202 His Murderers drowned , 2●4 Malcolm III. brings in foreign Titles of Honour into Scotland , 214 He recovers the Kingdom from Mackbeth , ib. Qu●ls Conspiracies made against him , 215 , 217 His Vow to St. Andrew , 218 He erects new Bishopricks , and makes wholesome su●p●uary Laws , ibid. Builds the Cathedrals of Durham and Dunfermling , 219 Is slain by the English , with his Son Edward , ibid. His Queen , and other Female Relations , very pious , 218 Malcolm IV. takes a Fe●datary Oath to Henry of England , 227 He accompanies him into France , 229 Is despoiled by him of Part of his Patrimony in Engl●nd , ibid. Is persuaded by the Scots to marry , but gives them a negative Answer , 231 Man Isle , its several Names , 24 Marcel●in●● quoted and corrected , 56 Marble Stone , on which the Scots Kings were crowned , 171 Ma●ble , white , Mountains of it in Sutherland , 21 Marchet● Mulierum , what the Scots call so ? 219 Margarit●● , or St. Margarite's , Port , 35 Margarite Creighton , who ? 428 Margarite , Queen of England , delivers her Husband Edward by Force of Arms , 397 She flies into Scotland , and thence into France , ibid. Margarite , Sister to Edward of England , Wife to Charles of Burgundy , endeavours to raise Commotions in England , ( 6 ) Margarite , Daughter of Henry VII . marries James IV. ( 14 ) The first Female Regent in Scotland , ( 29 ) After her Husband's Death , she marries Archibald Doug●as , ibid. She flies with her Husband into England , ( 34 ) But returns , ( 37 ) Displeased with her Husband , ibid. Persuades the Scots to break with the French , ( 42 ) But opposed therein by the French Faction , ( 43 ) Marianus Scotus , 180 Mariners , to offend them dangerous to Passengers , 286 Marr and M●arn Counties , whence so called , 19 , 170 Martha , Countess of Carick , falls in Love with Robert Bruce , and marries him , 247 Martiq●●● , the Earl of it comes ●●to Scotland , with his 〈◊〉 , ( 148 ) Mary , Wife of 〈◊〉 II. her manly Spirit , 394 Mary of Guise , Widow of the Duke of Longuevil , marries James IV. ( 67 ) By degrees she dispossesseth the Regent , ( 112 , ) ( 113 ) Takes upon her the Ensigns of the Government , ( 113 , 114 ) Imposes new Taxes , ( 117 ) Changes ancient Affability into Arrogance , ( 127 ) Persecutes the Reformed , and is perfidious , ( 130 , 1●1 ) Mak●s a Truce with the Reformed , ( 134 ) The Administration of the Government taken from her by Proclamation , ( 139 ) She dies in the Castle of Edinburgh , ( 146 ) Her Disposition and Character , ( 147 ) Mary , Queen of Scots , born , ( 71 ) Begins her Reign , ibid. Henry of England desires her for his Son's Wife , ( 75 ) She is sent into France , ( 107 ) From whence that King● sends Letters , desiring her a Wife for his Son , ( 120 ) Embassadors sent thither for that purpose , of which some die there , ( 121 , 122 ) She marries the Dolphin , ( 121 ) When Mary of England died ▪ she carried her self as the next Heir , and assumed the Royal Arms of that Kingdom , ( 127 ) When her Husband died , she resolves to return into Scotland , ( 151 ) Her subtil Answer to a cunning Cardinal , ( 153 ) She lays the Foundation of Tyranny , ( 196 ) Designs a Guard for her Body , ibid. Her unbecoming Familiarity with David Rize , ( 172 ) She marries Henry Stuart , ( 175 ) She punishes David's Homicides , ( 183 ) Her strange Proclamation about Rize's Death , ibid. She brings forth James VI. ibid. She is willing by all means to be rid of her Husband , ( 183 , 184 , 185 ) A joculary Process against her Husband's Murderers , ( 193 ) She marries Bothwel , ( 199 ) The French Embassador , and the Scotish Nobles , dislike her Marriage , ibid. She frames an Association against the Nobles , ( 204 ) And they Another against her , ( 205 ) Earl of Murray leaves Scotland in Discontent , ibid. Besieged with Bothwel at Borthwick , and escapes in Man's Apparel , ( 206 ) Surrenders her self Prisoner , ( 209 , 210 ) Proved guilty of her Husband's Death by Letters , ( 211 ) Hamilton designs her Deliverance , ( 216 ) She escapes , ( 218 ) Is overthrown by the Nobles , and 〈◊〉 for England , ( 221 ) She endeavours , by Balfure , to raise Tumults in Scotland , ( 226 ) Designs to marry Howard of England , ( 233 , 23● ) Continued in the Lord Scroop's House , ( 239 ) Her Faction garison Edinburgh , from whence they sally out 〈◊〉 Morton , ( ●●● ) Massacre designed in France by the Gu●●es , ( 750 ) Matthew Stuart , Earl of Lennox , marries Margarite Hamilton , ( ● ) Sent for out of France into Scotland , ( 78 ) Returns , ( 171 ) Circumvented by the Cardinal 's Cunning , about his marrying the Queen , ( 80 ) Vpon which he rises in Arms , but is forced to agree with the Regent , ( 82 ) He justifies himself to the French King , ( 83 ) Is worsted , and flies into England , where he is kindly received , and marries Margarite Douglas , ( 83 , 85 , 86 ) Created Regent , ( 258 , 259 ) Takes Brechin from Huntly , ( 260 ) Hurt by a Fall , ( 261 ) Maximianus , Commander of a Roman Legion in Britain , 136 He overthrows the Scots and Picts , 137 M●xim , grave , in Policy , ( 176 ) Another , ( 208 ) Others , ( 239 ) Maximus , in Britain , 127 He overcomes the Scots , 128 Takes the chief Government upon him , 129 Banishes all the Scots out of Britain , ibid. Measures and Weights , amended and rectified , 334 Mechanical Engine of Brass , a strange one , 192 Mecla Isle , 37 Meliss Graham deprived of Strathearn by the King , 351 Men , fight like wild Beasts one with another , 324 Mendi●ant Friars called Manducant , ( 129 ) Mentei●h ▪ 17 , 140 Menthe●'s Treachery against Robert Bruce , 268 He is rewarded , 269 Merch , 13 Merchants forbid to traffick by Sea for a time , 244 Merchants , or Ch●nnards , Is●e , 26 Mercenary Souldiers change with Fortune , ( 236 ) Fit to establish Tyranny , ( 117 , 177 ) Merlin , the Prophet , or Impostor rather , when he lived , 147 A wicked Man , 149 A Comparison between Gildas and him , à dissimili , ibid. Mern , whence so called ? 170 Mernoch Isle , 25 Merta●k Isle , 31 Metellan , or Maitland , King of Scots , 107 Michael Weems helps the Royalists , ( 277 ) Milesian Fables , what ? 77 Minturnae , 78 Modred , Son of Lothus , General of the Picts Forces , 151 Competitor with Constantine , 153 Slain , ibid. Moesici , who ? 89 Mogald , King of Scots , 112 Makes an unjust Law , 113 He is slain , ibid. Molas Isle , 24 Mologhascar Isle , 25 Mon Isle , put falsly for Man , 24 Monfort slain by Preston , 297 Mongomery comes into Scotland , ( 91 ) Monk poisons King John of England , 238 Another poisons Thomas Randolph , 283 Their Impudence in devising Fables , 42 Their Luxury , 143 Their Monasteries overthrown by Order of the Lords , ( 152 ) Monster , like an Hermaphrodite , born in Scotland , ( 4 , 5 ) Monk-Fishes never seen , but they predict Mischief , 175 Mordac , King of Scots , 162 Mordac , Earl of Fife , Son of Robert , taken Prisoner , 327 Returns to Scotland , 333 Succeeds his Father in the Government , 336 Takes Care to recal King James from England , 337 Imprisoned , 339 Executed , 340 More Isle , 25 More , in old Gaulish , signifies Mare the Sea , 10 More marusa , 7 , 10 , 77 Morini , who ? 10 Morton's large Account of his Negotiation in England to the Regent , ( 267 ) Mother , cruel to her own Children , ( 231 ) Mourning Garments , when first used in Scotland , ( 66 ) Muick Isle , 28 Mull of Galway , 14 Mull Isle , 26 Mulmore Isle , ibid. Mungo , or St. Mungo ; see Kentigern . Murderer , discovered sometimes by touching the Murdered Body , 184 Murdo , and his Sons , put to Death , 348 Murray , a fruitful Country , 20 Its Inhabitants , seditious , 230 Murray made Regent , 226 His Death , 298 Musa Isle , 37 Musadil Isle , 25 Musicians , or wandring Minstrels , restrained , 282 , 283 N NAick Isle , 28 Nagunner Isle , ibid. Names , new , by ambitious Men given to Places , 170 , 171 Names of Towns , new , shew the Affinity of a Language , 62 Naomph Isles , 26 Naosg Isles , 26 Narn , 140 Nathalocus , King of Scots , 120 Murders the Nobility , and consults So●●hsayers , ibid. Nathalocus , a Noble Man , conspires against Athirco , 119 Is himself slain , 121 Navern Province , so called from the River Navern , 21 , 140 Nectamus , King of Scots , 126 Ness Town , i. e. Innerness , and River , whose Water is always warm , 20 Nightshade , its Description and Properties , 209 Ninian , 145 Nithisdale , from the River Nith , 13 , 140 Nobility , their Tyranny over the Commons restrained , 182 Nobles , how anciently tried in Scotland , 340 Normans overcome the Saxons and Danes in Britain , 71 Norman Lesly his Valour against the English , ( 89 ) He surprizes St. Andrews , and kils Cardinal Beton , ( 98 ) Northumberland divided into two Kingdoms , viz. the Deiri , and the Bernici , 159 Nostvade Isle , 37 Nothatus , King of Scots , 98 First sets up Arbitrary Government , ibid. He is slain , 99 Noviogagus , many Cities so called , 68 Nuns Isle , or Monades , 27 O OCCA , General of the Saxons , overthrown by three Kings , and wounded , 151 , 152 Occidental , or Western , Isles , 22 Ocel-Mountains , 17 Olavus , General of the Scandians , 200 Old Castle Isle , 31 Oracle feigned by a Monk , 44 Oransa Isle , 28 , 29 Oration of Archbishop Kennedy , that the Administration of the chief Government is not to be committed to Queen-Mothers , 401 , &c. Orcades Isles , 33 Their Description , ibid. Writers not agreed about their Number , 35 Orca Promontory , 21 Ordovices , who ? 109 Original of Letters , 38 Orkny , the Bishop thereof marries the Queen to Bothwel , ( 199 ) Orma Isle , 37 Orvansa , or Oversa , Isle , 26 Osbreth aids Picts against Scots , 172 Overthrown at first , but afterwards beats the Scots , ibid. Osellius , a French Man , desirous of Glory , ( 120 ) Differs with the Scots Nobles , but afterwards yields to Them , ibid. Osrim Isle , 26 Oswald , King of Northumberland , promotes the Christian Religion , 159 Otterborn Fight , wherein the English are worsted , 318 Oversa Isle , 26 Ovia Isle , ibid. Otiosi Isle , 25 Oxon for Oxonford , 8 P PABA Isle , noted for Robbery or Piracy , 28 , 29 Pabaia Isle , 30 Palladius , sent by Pope Celestine into Scotland , first sets up Bishops there , 145 Pandulphus , the Pope's Legat , 238 Papa Isles , great and small , 36 , 37 Parish Priests , and Friars Mendicants , the Cause of the Decay of Ecclesiastical Discipline , 243 Parricide , God suffers not to be unrevenged , 184 , 185 Parsimony , the Mother of Health , 33 Parsonages , & Church-Preferments , sold , 419 Bestowing of them causes Strife , ( 57 ) Pasly Book , or the Black Book of Pasly , what ? 134 Patrick Graham chosen Bishop of St. Andrews by his Canons , in the room of Jame● Kennedy , 411 Made Primate of Scotland by the Pope , but obstructed by the Courtiers , ibid. He labours to maintain Church-Priviledges , 417 Is excommunicated , and forced to resign his Bishoprick , 418 , 419 And dies in Prison , ibid. Patrick Grey , one of those who slew King James III. 433 Patrick Grey committed to Custody , ( 92 ) Patrick , an holy Man , sent into Scotland , 145 Patrick Blackater flies from the Douglasses , ( 47 ) He is treacherously slain by John Hume , ( 48 ) Patrick Hamilton put to death for Religion , by the Conspiracy of the Priests , ( 53 ) Patrick Lindsy sides with the Reformers , ( 132 ) Goes with the Regent into England , ( 222 ) Ruven's Magnanimity , ( 181 , 182 ) He kils David Rize , ibid. He acquaints Murray with the Conspiracy against him , ( 173 ) Paul Mefane , or Meffen , Preacher of the Gospel , troubled for Religion , ( 123 ) Harboured by the Inhabitants of Dundee , ( 124 ) Paulus Orosius quoted , 86 Corrected , 87 Paul Termes sent with Aid from France to Scotland , ( 110 ) Peace-downs ; see Duni Pacis . Peace , sometimes more dangerous than War , 140 , 112 , 347 Peace confirmed , with an intended Affinity , betwixt Scots and English , 422 But soon broken , ibid. Mediated for by the Scotish Nobility , 426 Made between French and English , ( 111 ) Between the Reformers and the Court , ( 149 ) Peachti , 53 Pentland Firth , 35 , 53 Pentland Hills , 13 , 53 People of the Commonalty , their Heat soon over , ( 207 ) Percy ( Henry ) taken Prisoner , and ransomed , 320 Percy the Elder conspires against the King of England , 329 Overthrown , and flies to Scotland , 332 Betrayed by his Friend , ibid. His Posterity restored to their Dignity , 334 Perth , 18 A great part of it destroyed by Water , 236 Its Walls demolished , 287 Taken by Edward of England , 295 Retaken by the Scots , 298 Pestilence in Scotland , 227 , 303 , 305 , 381 Peter Cerealis in Britain , 86 , 109 Peter Maufet a Robber , executed , ( 32 ) Peter Hiale , the King of Spain's Embassador in England , ( 11 ) His Errand to solicite a Match between Katharine of Spain , and Henry's Son , ibid. He mediates a Peace between Scots and English , ( 12 ) Petronius Turpilianus in Britain , 85 Peter Warbeck a notable Impostor , ( 6 ) Set up by the Dutchess of Burgundy to vex Henry , ( 7 ) Sails out of England into Scotland , ibid. Marries Katherine , the Earl of Huntly's Daughter , ( 9 ) Engages James IV. against Henry , ( 9 ) Dismiss'd out of Scotland , ( 12 ) Taken and hanged in England , ( 13 ) Pheodor-oy , 37 Phylarchae , who ? 101 Physicians , why so much esteemed in Scotland , 101 , 102 Picts , whether derived from the Saxons , 33 Whence so called ? 53 Foretold by the Oracle , that the Scots should extirpate them , 95 , 132 Repent joining with the Romans against the Scots , 131 , 132 Their Origin from Germany , 55 , 95 Overcome the Scots , 167 Overcome by the Scots , 168 , 169 Their Kingdom abolished in Scotland , 169 Solicite Aid from Osbreth and Ella , 172 Beaten quite out of Britain , 173 Pliny , a Place in him corrected , 12 Pluscartin Book , i. e. a Book or Chronicle of Scotland , written by the Religious of Pluscarty , an Abby in Murrayland , 344 Pollack Fish , where found ? 17 Polygamy , a Law made for it by Evenus , 107 Pomona , the greatest Isle of the Orcades , 35 Pope of Rome his Emissaries in Britain , 157 The Right of the Kingdom of England conferred upon him by King John , 237 His Embassadors excommunicate the Scots , 272 David II. King of Scots , anointed by his Permission , 282 His Legat denied entrance into Scotland , 243 Porcaria Isle , 26 Port , or Na Port , Isle , 25 Portugal , why so called ? 47 Possessions confounded by often Wars , 271 Praenestin Lots , what ? 43 Priests , or Clergy , Isle , 31 Priests , corrupted by Luxury , reformed by Constantine , 174 Richer than the Nobility , 243 Gain by the Losses of the Nobility , ( 25 , 29 ) Not subject to Kings , 245 Impostors , ( 58 ) Priests so ignorant , as to think the New Testament was written by Martin Luther , ( 9 ) Priests , One the Author of a Sedition , 309 Another treacherous , 374 Betrays Queen Joan , 375 Another forges a Will , ( 73 ) Preys retaken , and restored to their Owners , 106 Prince of Scotland , the King 's Eldest Son so called , 194 Princes not Slaves to their Words , ( 130 ) Priviledg of the Scots , not to be summoned to appear out of their own Country , 241 Prodigies on divers occasions , 184 , 204 , ( 191 ) Process , ridiculous , against the King's Murderers , ( 193 ) Proclamation about the same , ibid. Proclamation , or Schedule , of James II. drawn in contempt about the Streets , 386 Prosperity dangerous , 179 Prudania , 2 Prytania , ibid. Prophecies of Witches , how fulfilled ? 357 Ptolemy hath Deucaledon for Duncaledon , 56 Punishments , too exquisite , enrage Spectators , 358 Punishment , of old , to Prisoners not returning on their Parole , 319 Pygmee Isle , 30 Q QUadrantary Faith , what ? ( 126 ) Quindecemvirate in Scotland , ( 59 ) Queens , their Marriage to be ordered by the Estates of the Realm , and why ? 269 Anciently , Kings Wives not allowed to be so called , 402 , 403 Queen , Mother of James III. sues for the Regency , with her Reasons , 400 The Scots not willing to be governed by her , ibid. Queen Dowager sails into France , ( 112 ) Where she labours to out the Regent of his Government , ( 113 ) Hath the Regency conferred upon her , ( 115 ) The First Female Regent in Scotland , ibid. Levies new Taxes , ( 117 ) But , because of an Insurrection , desists from collecting them , ( 118 ) Refuses the Propositions sent her by the Reformed , ( 127 ) Prepares Forces against them , ( 129 ) Makes a Temporary Agreement with them , ( 130 ) Which she endeavours to elude , ibid. Makes another Truce with them , ( 134 ) Repartees betwixt Her and the Reformed , ( 136 , 137 , 138 ) Her Death and Character , ( 146 , 147 ) Queen of Scots , not ●o use the English Arms , during Queen Elizabeth's Life , ( 159 ) Queen of Scots , one of their Deaths , 430 Queen's Party divide from the King 's , ( 255 ) They send Embassadors to France and England for Aid , ( 254 ) Queen Elizabeth rejects them , ( 254 ) Question debated , Whether a Chief Magigistrate may be compelled by force to do his Duty ? ( 159 , &c. ) R RAarsa Isle , 28 Rachlinda Isle , 25 Ralph Evers his vain Boast , ( 87 ) Ralph Rokesby betrays Percy his Friend , 332 Ralph Sadler , Embassador from England about the Marriage of Mary with King Henry's Son , ( 75 ) He hears the Scots Differences , and endeavours to compose them , ( 224 ) Ramsay Isle , 25 Ranalds-oy , 35 Ranalsa , a Southern Isle , 36 Randolf ( Thomas ) invades England , 270 Made Regent , 282 Executes a Murderer , though he had the Pope's Pardon , 282 His Law against Thievery , ibid. He punishes the Cheat of a Country-man , 283 Poisoned by a Monk , ibid. Ratra River , hath no Salmons in it , 19 , 20 Rebels , after Murray the Regent was dead , had several Meetings , ( 247 ) They send Embassadors to the Queen of England , to desire a Truce , but in vain , ( 253 , 254 ) They solicite the French and Spaniards for Aid , ( 260 ) Assault Leith , ( 281 ) Surprize Sterlin , but beaten out again , ( 281 , 282 ) Attempt Jedburgh , but repulsed and routed , ( 285 , 286 ) Recognition , what ? 15 Red , or Ridhead , Promontory , 19 Redshanks , who ? 106 Reformation , the best Method thereof for Princes to begin at home , 188 Reformed Religion , the Nobles swear to maintain it , in behalf of James VI. whilst a Child , ( 214 ) Reformed Congregation in Scotland , the first so called , ( 124 ) Reformers abrogate the Queen Regent's Power , ( 139 ) They meet with Difficulties in their Work , ( 140 ) Are assisted by the English , ( 141 , 142 ) Their last Letter to the Regent , ( 144 ) Regent slain at Sterlin , ( 282 ) Religion , Language , Names of Places , &c. shew the Sameness of a People , 56 Religion , the Nobles arm for it in Scotland , ( 129 ) The Vindicators of it make a Truce with the Regent , ( 134 ) Abrogate her Power , ( 139 ) Desire Aid from England , ( 140 ) Which they receive , ( 142 ) Reign , the Desire of it occasions much Mischief in the World , ( 231 , 232 ) Renfrew , 14 See Baronia . Repartees between Scotish and English Armies , ( 277 ) Rerigonian Bay , 14 Reringa Isle , 27 Reutha , King of Scots , 101 Revenge , the importune Desire of it dangerous , 124 , 131 , 132 Reuther , King of Scots , 99 Called Reuda by Bede , 100 Rhingrave sent with Aid by the French King into Scotland , ( 106 ) Rian Lake , or Loch , 14 Richard of England very angry with the Scots for bringing in foreign Aid , 311 He invades Scotland with a great Army , ibid. His Expedition to the Holy War , 234 Richard II. of England enforced to resign the Kingdom to Henry IV. 325 One in Scotland pretends himself to be Richard , 332 Richard , Duke of Gloucester , marches with an Army against Scotland , 426 Takes Berwick , 427 Made Protector of England , 428 Casts his Brother's two Sons into Prison , and sets up himself King , 428 Slain by Henry VII . 429 Is very Tyrannical in his Government , 434 Richard , Duke of York , brings King Edward Prisoner to London , 396 Slain by the Queen , ibid. Richard Colvil put to Death by Douglas , 380 Richard Fox , Bishop of Durham , a very prudent Man , mediates for Peace between the two Nations , ( 12 , 13 ) An Instrument of James his Marriage with Margarite of England , ( 14 ) Richard Grafton , an English Writer , blamed , 252 Rins of Galway , 14 Rinard Isle , 26 Ridhead ; see Red Promontory . Roadilla Monastery , 31 Robbers punished , 183 , 189 , ( 48 , 57 ) Robert Bruce his Genealogy , 246 His magnanimous Answer to the King of England , 250 Begins his Reign , 261 Is overthrown , and flies in disguise to save his Life , ibid. His Wife imprisoned , and his two Brothers put to Death by the English , 261 , 262 He baffles Cumins , ibid. Carried sick into his Army , 264 Causes Edward of England to retreat , ibid. Invades England , takes Perth , Edinburgh , &c. 265 Overthrows the English at Bannock near Sterlin , 267 Robert , the Son of Robert Bruce , conspires with John Cumins against England , 259 , 260 Is crowned King , 261 Overcomes Edward II. in Battel , 267 The Nobles conspire against him , 271 Robert II. King of Scots , 306 Marries Elizabeth More , 307 The Dispute betwixt his Legitimate , and his Natural , Children , occasions great Troubles , 350 He invades England , 311 His Death and Character , 322 Robert III. before called John , succeeds his Father , 323 His Generals cause the Islanders to destroy one another , 324 He makes the first Dukes in Scotland , 325 He imprecates God's Iudgments on his Brother , and the other Murderers of his Son David , 330 He dies with Abstinence , and Grief , for the Captivity of his Son James in England , 331 His Brother Robert made Regent after his Death , 331 Robert Boyd kils James Stuart , 374 Made Guardian to the King , 409 Created Regent , 412 Flies into England , and dies there , 414 Robert Boyd deserts the Reformed , and revolts to the Queen , ( 218 ) Robert Britain hath great Command at Court , ( 56 ) Robert Cockerane of a Tradesman made a Courtier , 420 Taken by Douglas , and committed to Prison , 424 , 425 Robert Cuningham , of the Family of the Lennoxes , opposes Bothwel , ( 195 ) Robert Douglas desires that the Death of 〈◊〉 Brother Murray might be revenged , ( 249 ) Robert , Earl of Fife , 315 Starves to Death David the King's Son , 328 Robert Graham a great Enemy to King James , 355 Conspires against him , 357 Seizes him with his own Hands , for which he is executed , 358 Robert Maxwel , ( 71 ) Coming to reconcile Differences , is imprisoned by Hamilton , ( 82 ) Robert , the Son of Robert Maxwel , taken Prisoner by the English , ( 91 ) Robert , Earl of the Orcades , made one of the King's Guardians , 407 Robert Petcarn sent Embassador into England , ( 242 ) Queen Elizabeth's Answer to his Embassy , ( 257 ) Robert Read sent Embassador into France , ( 63 ) Poisoned there , ( 122 ) Robert Semple kils Creighton , ( 111 ) Bruce's Grand-son by his Daughter , rises in Arms for Bruce , 293 Made Regent , 294 Taken by Baliol , and swears Fealty to the King of England , 286 Sought for to be slain , 292 Roch Isle , 26 Roffa for Raufchestria , i. e. Rochester , 8 Romachus , King of Scots , 125 Roman Generals in Britain , 84 , &c. Roman Fraud , 239 Roman Legates , Pick-pockets , 243 , 418 The Jews Apes , 381 Romans , their memorable Fact in Britain before their Departure , 138 Rona Isle , 32 Ronanus his Spade , ibid. Rolland , a Carpenter , discovers a Treachery against Robert Bruce , 268 Rolland's Valour , he overcomes Gilcolumb , 246 , 247 Rose , white , Badg of the York Faction , ( 7 ) Ross , and its Etymology , 21 , 139 , 170 Rothsay Castle , 25 Rotti Isle , 37 Rous-oy , 36 Round Isle , 26 Roxburgh Town taken , 393 Its Castle taken , 394 Royalists overthrown in the North , ( 283 ) Ruby , a French Lawyer in Scotland , his Character , ( 147 ) Rudana Isle , 27 Rum Isle , 28 It abounds with Eggs of Sea-Fowl , ibid. Ruven had the Mayoralty of Perth taken from him by the Cardinal , ( 92 ) S SAcred , or Cleirach , Isle , 31 Sacred Sanctuary , 25 Saga Isles , the Great and the Small , 30 Saliar Verses , not easy to be understood , 44 Salii , who ? 44 Salisbury , Earl , commands the English in Scotland , 297 Taken Prisoner , 300 Salmon Fishing , Aberdene famous for it , 19 Sanachies , who ? 39 Sancterr Isle , 37 Sanda Isle , 25 Scandians , who ? 200 Satrael , King of Scots , 117 Slain , ibid. Saturnals , old Feasts , retained , 239 Saxe , or Rock , Isle , 26 Saxons kill the English Nobles by Treachery , 70 Overcome by the Normans , 71 Worsted by Picts , Scots and Brittons , 149 Cruel in Wars , 146 Not faithful in Peace , 148 Their Fight with three Kings , 148 , 149 Scalpe Isle , 28 , 30 Scarba Isle , 25 Schan Castle , 31 Schanny Isle , 25 , 27 Schetland Isles , 36 The Nature of their Inhabitants , 37 The greatest of them called Pomona , ibid. Sclata , or Sleach , Isle , 25 Scoff , sharp , given to Bothwel by a Tradesman , ( 194 ) Schools , publick , erected by James , 345 Scorpions , i. e. Cross-bows , 311 Scotland , how divided ? 13 Where narrowest , 20 Had anciently learned Monks , 169 Scots , their fabulous Original , 46 , 47 Scots and Picts unite against the Romans , 134 Scots and Brittons overthrown by the Saxons , 157 Scots Monks unjustly banished out of England , 160 Scots and Brittons unite against Picts and Saxons , 146 Scots Monks preach the Gospel in Germany , 165 Scots have hard Terms of Peace imposed upon them by the English , 173 Scots Bishops freed from the Iurisdiction of the English , 234 , 411 Scots have an ancient Priviledg , not to be cited to Rome , 241 Scots excommunicated by their Ecclesiasticks , 243 Excommunicated again , but absolved , 272 , 273 Scots join with the French against England , 253 Scots receive a great Overthrow from Edward of England at Falkirk , 256 Obtain a Truce from him , ibid. Rise in Arms again , and overthrow the English at Rosline , 258 Scots make a League with the French , 273 When their first Alliance with France began , 165 Scots of Jerna , and Scots of Albion , 52 Scots overthrown by Maximus the Roman General , and banished out of their Country , 124 March into England , but retreat again , ( 91 ) Scots Nobles , some , rise against James IV. but are quelled , ( 3 ) Scots Nobles anciently had Skill in Chirurgery , ( 28 ) Scots complain of the French Breach of Faith by their Embassadors , ( 60 ) Scots Prisoners released at London , ( 74 ) Scotish Parliament demolishes all Monasteries , ( 152 ) Scotish Crown ordered to be sent to the Dolphin of France , ( 126 ) Scotish Kings anciently travelled over their Kingdoms themselves to administer Iustice , 123 Scoto-Brigantes , in Claudian to be read for Scuta-Brigantes , 76 Scroop , an English General in Scotland , ( 256 ) Sea-Calves , 29 Sea-Monks , an ill boding Fish , 175 Security dangerous in War , 172 , 173 Seditions perillous , 141 , 309 Secla , or Seil , Isle , 25 Seneciones , who ? 39 Seuna Isle , 30 Severn River , 13 Severus his Wall , 8 , 148 His Expedition against the Brittons , 117 , 118 Seuna , or Suin , Isle , 25 , 30 Servanus , 145 Shevi Isle , 30 Sheep , fair , yet wild , in Hirta Isle , 30 Their Fat good to eat , ibid. Ships of great Bigness built by James IV. ( 14 ) Siapins-oy , an Isle , 36 Sicambri , who ? 79 Sigrama Isles , Great and Small , 30 Silva , or Yew , Isle , 25 Silures , who ? 61 , 109 Simon Breccus , 171 Similitudes for Illustration , 187 , 188 Similitude of Events do assimilate Mens Manners , 213 Sinclare's Valour against the English , 270 Siuna Isle , 25 Skenny , or Skerry , Isles , 37 Skirmish between English and French in Scotland , ( 145 ) Sky Isle , 28 Skyanna Isle , ibid. Slata Isle , 25 Slavery worse than Banishment , 132 Slegana Isle , 30 Soa Isle , 27 , 30 Soabre●il Isle , 28 Sodora Town , 24 Solan , or Sea , Geese , ibid. Solanum , the Herb Nightshade , soporiferous , 209 Solinus quoted about Britain , 87 Solvathius , King of Scots , 164 Solwey River , 13 Sorbonists sent into Scotland , ( 136 ) Spain hath several Names , 41 Spaniards , a Colony of them come into Ireland , 94 Inhabited the West Part of Britain , 51 Subject to the Injuries of Foreigners , 94 Spey River , 20 Spring , that carries down shapeless Fish , 29 Stacbad Isle , 26 Stafa Isle , 27 Stanmore , whence so called , 217 The Cross there , ibid. Stags fright the English , 276 Stephano-Dunum , or Dunstaffnage , 20 Stephen Bull overthrown by Andrew Wood , ( 3 , 4 ) Stephen , Earl of Bologn , seizes on the Kingdom of England , 224 Notwithstanding he had taken an Oath to Queen Maud , ibid. Sterlin County , 15 Sterlin Mony , 173 Stinsiar River , 14 Strathnavern , 21 , 140 Strath-bogy , 140 Strat and Strathern , 17 , 140 Stratagems in War , 154 , 179 Stromoy Isle , 35 Stronza Isle , 36 Stuart , the Name of an Office , 217 Stuarts , their Original , ibid. Who was the Rise of their Family , ibid. Stuart , Regent , 298 Succession to the Crown of Scotland , an old Law made for it , 97 The Administration of the Government , to whom to be committed , when the King is a Minor , ( 230 , 231 ) Suffrages incroached upon , 179 Suilkir Isle , 32 Sumereld , Thane of Argyle , in hopes of the Kingdom , but is overthrown and slain , 228 , 231 Suin Isle , 25 Suna Isle , 36 Sussex , the Earl of it commands an English Army in Scotland , ( 255 ) Sutherland , 21 Swain gets the Kingdom of England , 71 He comes into Scotland , 200 He distributes three Kingdoms to his three Sons , 208 He comes again into Scotland , ibid. He is overthrown , 209 T TAichy , i. e. Menteith , 17 Talbot overthrown by Keith , 297 Again overthrown , 308 Thames River , 13 Thane , who ? 187 Thanat Isle , 88 Tanasta Isle , 26 Taodunum , i. e. Dundee , 18 Taransa Isle , 30 Tarscheir Isle , 26 Tarvedrum Promontory , 21 Tay , the greatest River in Scotland , 18 Temple of Terminus , 15 , 119 Terris Isle , 27 Teviotdale , 13 Texa Isle , 26 Textors Isle , ibid. Theodosius his memorable Speech , ( 268 ) Thereus , King of Scots , flies to the Brittons , 101 Thiana Isle , 25 Thomas Eliot his Opinion refuted , 4 Thomas Becket promotes Ecclesiastical Ambition in England , 243 Thomas Boyd marries the Eldest Sister of James III. 412 He is sent Embassador into Norwey , 413 Declared a publick Enemy , 415 Assists the Burgundians , ibid. His Wife divorced from him , and married to James Hamilton , ibid. He dies at Antwerp , 416 Thomas Car wasts England , ( 247 ) Thomas Duchty , or Doughty , an Impostor , ( 58 ) Thomas Howard , Admiral of the English Navy , ( 24 ) General at Flodden Fight , ( 24 ) Afterwards fals into Disgrace , ( 27 ) Sent into Scotland , and takes Jedburgh , ( 41 , 42 ) Treats of a Marriage with the Queen of Scots , ( 224 ) Meditates a Civil War against the Queen of England , ( 226 , 239 ) The Conspiracy detected , ( 242 ) Thomas Petcarn sent Embassador to Queen Elizabeth , ( 255 ) Thomas Randolph designed the King's Tutor , 269 Marches with an Army into England , 275 Thomas Randolph , the English Embassador in Scotland , demands the English Exiles , ( 248 ) Thomas , Earl of Sussex , the English General in Scotland , inclinable to the Queen's Faction , ( 256 ) Thomas Wolsy , a Cardinal , self-ended and ambitious , ( 44 ) Thornton , Patric , put to death for Murder , 391 Tintallon Castle besieged by the King , ( 55 ) Surrendred to him , ( 56 ) Tine River , 14 Titles of Honour , 203 Tithes for Ecclesiasticks , 140 Tiren , or Tirriss , Isle , 27 Toncetus , an unjust Iudg , slain , 154 Toray Isle , 30 Trajan's remarkable Speech , ( 268 ) Trajectus Passage , or Na Port Isle , 25 Trayl , Archbishop , his Commendation , 328 His Death , ibid. Triaracha Isle , 25 Trebellius Maximus in Britain , 86 Tree Isle , 25 Tributes , or Impositions , part of them nibbled away by the Collectors , who are usually malapert , 339 Imposed , but remitted , 355 The Cause of War , and their Exactors slain , ( 10 , 11 ) Designed , but not paid , ( 117 ) Trimarchia , 77 Trojans , Greeks by Descent , 45 Many pretend themselves derived from Them , 46 Trons Isle , 37 Tronta Isle , 28 Truce betwixt Scots and English , 309 , 380 Betwixt the French , English and Scots , 310 , 311 Between Scots and English for seven Years , 430 Truces violated , 325 , 332 , 378 , 392 Truce between the Queen Regent and the Reformers , ( 133 ) And on what Terms , ibid. Twedale , 13 Twede River , ibid. Tueman Isles , 30 , 37 Turff Isle , 27 Turdetani , who ? 38 Twine , Laurence , his Story , 284 He stirs up Baliol to invade Scotland , ibid. Twentieth Part taxed in Scotland , 339 Tyana Isle , 25 Tyranny , its Root cut by Finnanus , and how ? 102 Tyrants Avarice bring the richer Sort to their Ends , 107 V VAlay Isle , 30 Valerius Asiaticus his bold Speech , ( 271 ) Valla , and Vallis , Isle , 36 Vannota , King Arthur's Wife , not true to him , 153 Vallia , 60 Varro , Plato , &c. too inquisitive about Words , 3 Vatersa Isle , 29 Vectius Bolanus in Britain , 86 Vecturiones , who ? 18 Vemendra Isle , 37 Venta Belgarum , 10 Vera Isle ; see Wyer-oy . Vervedrum Promontory , 21 Vestra Isle ; see Wester-oy . Vexa Isle , 30 Via Isle , 37 Viccoil Isle , 31 Victorinus sent into Britain from Rome , 131 Vidam in France , who ? ( 150 ) Vidogara , See Loch-Ryan , 14 Vien , a French General , i● Scotland , 311 Vigils , or Watches , necessary in Camps and Armies , 285 , 308 Vikeran Isle , or Na-whoker , 25 Virid , or Green , Isles , viz. Charn More , and Charn Beg , the greater and the less , 27 Vitellius , a Saxon Commander , slain by the Scots , 157 Vituline , or Gawin , Isle , 25 Uist , or Yyists , Isle , 29 , 30 , 37 Ulva Isle , 27 Voadicea , Commandress of the Brittons , See Boadicea . 85 Vonnedra Isle , 37 Vortigern , of a Monk , made King of England , 143 Afterwards deposed ▪ 145 Sends to Hengist the Saxon , 144 Overthrows the Scots , and is slain , 144 , 145 Vortimer , King of the Brittons , renews a League with the Scots and Picts , 145 Ure River , 114 Ure Isle , 37 Uridick Isle , 25 Usabrast Isle , 26 Uter succeeds his Brother in Britain , 148 His Story and flagitious Fact , 149 Utility sometimes preferred before Honesty in Princes Courts , 331 Uxellum , in Caesar perhaps , for Ocellum , 70 Uust ; see Uyist Island . W W , A Letter hard to be pronounced , but by such as Germanize , 6 , 60 , 61 Waes Isle , 36 Wales , how anciently divided , 13 , 60 Wall a memorable one built by the Romans , 138 By Adrian , 8 , 16 By Severus , 8 Wallace , or Wallis , his Story , 253 Made Regent , and takes many Places from the English in Scotland , 254 Overthrows Cressingham , the English General , 255 Edward of England afraid to fight him , 255 , 256 Envied by the Scots Nobles , 256 Hath a Conference in the Field with Bruce , ibid. Dismisses his Army , 257 Courted by King Edward , 258 Refused to swear Obedience to him , 259 Betrayed to Edward by a false Friend , 260 , 261 By whom he was drawn , hanged and quartered , ibid. Wallace slain in Fight by the English , 379 Walowithia , 60 Walsch or Welsch , what it signifies in German , 54 , 61 Walter Mills martyred for Religion , 123 Walter , Steward of all Scotland , 21● Walter , the Son of Murdo , imprisoned , 338 Walter , Earl of Athol , conspires against the King , and murders him , 355 , 356 He is executed , 357 , 358 Walter Scot , endeavouring by Force to take the King from the Douglasses , is overthrown , ( 49 ) Made Prisoner , ( 57 ) Restored to Liberty , ibid. Ioins his Forces with the Regent's , ( 89 ) Wardships , their Origin and Nature , 203 , 351 A Badg of Slavery , ( 15 ) War , Pretence of the Holy War coz●ns the Simple of their Mony , 243 Warwick , Earl , overthrown by the Queen of England , 397 Watersa Isle , 29 Weathers Isle , ibid. Werk Castle described , ( 45 ) Weights corrected , 344 Wester-oy , or Wyer-oy , 36 Whales , Plenty of them about the Isle Lewis , 32 Whales-oy Isle , 37 Whey , the Brittons Drink , 23 White Battel , what ? 271 Wife of Seton's Speech to her Husband , encouraging him to part with 〈◊〉 Sons rather than the Town of Berwick , 289 Witches discovered and punished , 183 William , King of Scots , 231 Taken by the English , 233 Accompanies Henry of England into France , ibid. Released , ibid. Sends his Brother David to the Holy War , 235 William Creighton Chancellour , 359 Deceived by the Queen , and her Son the King taken from him , 360 , 361 He guides the King , after he had taken him in a Wood , to his Party , 365 Highly accused , 361 Craves Aid of Douglas , but in vain , 362 Agrees with the Regent , 363 Is received into Favour , 374 His Death , 391 William of Normandy repairs Newcastle , 217 Conquers the Danes , 71 Overthrown in Scotland , 116 William Cecil , a prudent Counsellour , in England , ( 146 ) Sent Embassador into Scotland , ibid. William Creighton slain , ( 111 ) William Creighton outlawed , with his Crimes , 428 William Douglas refuseth to swear Fealty to King Edward , 253 He treats Alexander Ramsay inhumanly , 301 Is slain , 303 William Douglas , Son of Archibald of Galway , 314 The King marries his Daughter Aegidia to him , though he were a Bastard , ibid. Killed by Ruffians at Dantzic , 322 William Douglas succeeds Archibald his Father , 363 Corrupted by Flatterers , profuse , enticed by the Chancellour to Edinburgh , and beheaded , 370 William Douglas , Son of James the Gross , marries Beatrix his Vncle's Daughter , 370 Submits to the King , 371 By his Obsequiousness makes the King his Own , and by that means revenges the Deaths of his Kinsmen , 372 , 375 Goes to Rome , 381 Accused in his Absence , and his Solicitor overthrown in the Trials , ibid. He pays Damages out of his Estate , 381 , 382 Returns , and is declared Regent , 383 Comes to Court on safe Conduct , 385 At last slain by the King 's own Hand , 386 William Douglas desires leave to revenge the Death of his Brother the Earl of Murray , ( 248 ) William Drury , an English Knight , secretly favours the Rebels , ( 278 ) William , Bishop of Dunblane , sent into France to excuse the Queen's hasty Marriage in Scotland , ( 199 , 200 ) William Graham , the King's Guardian , 407 William Hume beheaded , ( 36 ) William Elphinston , Bishop of Aberdene , laments the State of Scotland , ( 30 ) William Keith taken Prisoner by the English , ( 122 ) William Kircade of Grange , Admiral of the Navy against Bothwel , ( 215 ) William Levingston goes into France with the Queen , ( 107 ) William of Malmesbury , a British Writer , 8 William Maitland , an ingenious young Man , ( 161 ) Sent into England to desire Aid , ( 224 ) Sent into England to complement Queen Elizabeth on Mary's Account , ( 154 ) Persuades her to declare Mary her Heires● , ( 155 ) Which she refuses to do , ( 157 ) He favours the Queen's Affairs , ( 225 ) Is factious and perfidious , ibid. Studies Innovations , ( 226 ) He is taken and released , ( 242 , 243 ) William Murray of Ti●bardin , angry with the Regent , ( 216 ) William Rogers , an English Musician , one of James the IIId's Evil Counsellours , 420 William Sylly , or Souls , executed , 271 William Sivez , his Story , 418 Arch-deacon , and a great Astrologer , ibid. Vndermines Patrick Graham , and gets the Bishoprick , 419 William Stuart , Bishop of Aberdene , sent Embassador into France , ( 63 ) Womans Isle ; see Nuns Isle . Women , some of a manly Spirit , 290 , 297 , 397 Women , whether the supreme Government ought to be committed to them ? 401 X X Vsed by the Spaniards for double SS . 60 Y YEw Isle , 25 Yla Isle , 26 Z ZEal , or Yel , Island , 3● Zeland , or Schetland , Isles , ibid. Zerobia , Queen of Palmira , unsuccessful in her Government , 405 Zeviot , or Cheviot , Hills or Mountains , ●3 FINIS . ERRATA . In the first Twelve Books . PAge 16. marg . for Adrews read Andrews . P. 23. l. 29. f. wear r. did wear . P. 24. marg . f. Arra● r. Arr●● ▪ P. 31. l. 18. f. Nastick r. Na Aich . P. 39 , 40 , 41 , 42. in the Title , f. Book I. r. Book II. P. 75. marg . f. ●●lalabria's r. Calabria's . P. 82. l. 47. f. hither r. hitherto . P. 109. l. 41. f. Pe●itius r. Petili●●● . P. 110. l. 10 ▪ 〈◊〉 p. 111. l. 5. f. Agrippa r. Agricola . P. 110. l. 42. f. Eighth r. Seventh . P. 116. marg . f. vn●●●ry r. 〈◊〉 . P. 120. l. 45. and p. 183. l. 26. f. Wizard r. Witch . P. 131. l. 43. f. Thus r. This. P. 160. l. 22. r. Redemptio● . P. 168. marg . f. Kennetius r. Kennethus . P. 183. l. 17. f. Causes r. Cause . P. 197. l. 22. f. vai● r. in vai● . P. 21● . l. 23. f. Neice r. Grandchild . l. 29. f. Nephew r. Grandson . P. 227. l. 25. f. 1553 r. 1153. P. 228. l. 6. dele good . P. 236. l. 20. f. 1643 r. 1214. P. 245. l. 2. f. Neice r. Grandchild . l. 13. f. Neice r. Grandchild . P. 248. l. 41. f. to the Marriage with his Queen r. Marriage ( of his Son ) with their Queen . l. 15. f. Dutchess r. D●tchy . P. 272. l. 9. dele some . P. 273. l. 1. after taken , add , Besides many of inferiour Rank , John Britain , Earl of Richmond , was also taken . P. 286. marg . f. Ear. r. Earn . l. 27. f. the Caledonians r. Dunkel . P. 287. dele the last marginal Note , viz : And declare War against France . P. 292. l. 21. after Wepont , add or Oldbrigs . P. 297. l. 16. f. 1●37 ▪ r. 1337. P. 299. r. Alexander Ramsay . P. 319. l. 19. f. Army r. Arms. P. 325. l. 11. r. 18 years old . Earl of Rothes . P. 329. l. 1● and 27. f. 300. r. 30. ibid. l. 49. dele of . P. 330. l. 30. r. Charles VI. P. 331. f. Youth's r. Child 's . P. 332. marg . f. Murray r. Garioch . P. 339. l. 35. f. before r. after . P. 342. l. 46. f. 〈◊〉 of Cait●nes , r. the Clan-cattan Men. f. Cameron r. the Camerons . P. 347. marg . f. Trust r. Fr●it . P. 348. l. 44. f. 〈◊〉 r. Marr. P. 353. l. 12. f. quietly r. quickly . P. 3●5 . f. his Nephew by his Son r. Grandson . P. 357. l. 46. f. 〈◊〉 Nephew by his Son r. Grandson . P. 360. l. 25. f. no r. now . P. 370. l. 23. f. upon r. before . P. 389. l. 43. f. 〈◊〉 r. dwindle . P. 403. l. 41. f. induce r. introduce . P. 407. l. 28. f. Caledonia r. Dunkel . P. 420. l. 22. f. Na●ts r. 〈◊〉 . P. 4●1 . l. 44. f. Blankets r. Sheets . P. 422 l. 27. ● . Lewis the XI . P. 424. l. 35. r. Go to the Kings 〈◊〉 . In the Eight last Books . P. 2. l. 7. f. infesting r. infested . P. 3. l. 24. f. Grampias r. Grampius . Ibid. l. 40. f. Edward r. H●●ry . P. 6. l. ●● . f. Gr●●ina r. Graecina . P. 8. l. 45. f. so the present r. for the present . P. 9. l. 7. f. Their r. His. P. 11. marg . f. 〈…〉 . from . Ib. l. 38. f. returned● . so returned . P. 15. marg . f. go Ierusalem r. go to Ierusalem . P. 39. l. 6. f. 〈◊〉 r. as b●ing . P. 40. marg . f. raise r. raises . P. 44. l. 46. r. Assembly . P. 59. l. 19. f. Sunderland r. 〈◊〉 . P. ●3 . l. 2. f. King r. Regent . P. 99. l. 49. r. Nones of November . P. 104. l. 17. dele all . P. 106. marg . r. 〈◊〉 . P. 108. l. 13. f. Minnans r. Minians . Ib. l. 29. dele so●e . P. 193. l. 40. f. Guest r. 〈◊〉 . P. 19● . l. 23. r. as in many other Princ●s , so &c. P. 254. marg . f. St. Lewis r. Monsieur Lewis . In the Alphabetical Table . For Cassivelannus r. Cassivela●nus . For Gaxnico r. Garnico . For Genrach r. Ge●rach . For Hypoc●●is●ical p. 6. r. Hypo●●ristical . P. 60. In Kirkwal , for Pomonae r. Pomo●a . Notes, typically marginal, from the original text Notes for div A29962-e4170 The Authors design . More Islands than one anciently called Britanny . The situation of Britanny . Albion and Ireland two of the biggest of them . Albion . It s length and breadth . It was accounted Triangular by the Romans . The Air. The Soil . The Food of some of its Inhabitants , in old time . It s ancient Names , Three , ( according to some ) Prudania , Prytaneia , and Britannia . 〈◊〉 or L●●yd , and 〈◊〉 , Two W●ite●s 〈◊〉 British Antiqui●ie● , in Hen. 8. and Queen Eliz. Reigns . Prudania . Lud or 〈◊〉 Authority disall●wed of , and why . 〈…〉 Words . Lucretius 〈◊〉 Aristotle 〈◊〉 the Name o● Britain . Prope●●●●● . E●iot's Authority disallow'd . Prytaneia . Stephanus . Martian and Ptolomy . Bards committed nothing to Writing . (a) Ancient words cannot always be observed , and Why ? (b) 't is hard to find the Origin of old Words . (c) Which was unknown to the Ancients , but later Inquiries have found it out . (d) i. e. The Language of the Highlanders . (e) The Letter W. hard to be pronounced , but by those that Germanize . * Pliny . * M●rini , M●rem●r●●a , Arm●rici . Oxonia and Roffa , for Oxonfordia and Raufchestria ; i. e. O●f●rd and Rochester . (f) The Word Britannia hath divers Acceptations . * The Walls of Adrian and Severus . Bede . Claudian . William of Malmsbury and Geoffry of Monmouth . Britannus and Britto . B●itton , first 〈◊〉 by Marti●l . Slop-Breeche● , or Galagaskin● . * Bishop of Tour● . Brittons in France . * Auson . Epigr. 109. &c. (g) This Epigram was made by the Poet against one Si●vius , Sirnamed Bonus , or Little-Britain in France , 〈◊〉 whom he had a 〈◊〉 ( and , it seems , against the whole Nation of the Britains for his sake . ) He takes an occasion to 〈◊〉 him from the Ambiguity of his Sirname Bonus ▪ which signifies also good in Latin , and ( by the Figure Antiphrasis ) evil , as here sometimes it is taken . This Author makes it a D●decastich , whereas later Interpreters have divided it into Six Distich● , ( but all of one Subject ) ●ccording to the Poets mind , expressed in the First of them . They are not here quoted for the Sarcasms conteined therein , ( and therefore are not over-curiously Translated , ) but only to shew , that , in this Poets time , ( who lived under Gratian the Emperor , about Anno Christi 390. Britto and Britannus were Terms Synonymus . (h) The Printed Books read Britto & homo , which is scarce sense ; and therefore Vinecus hath amended it , Britto bono ; and so I have Englished this last Distich . (i) A People of Gallia-Belgica , lying betwixt the River Lye and the S●●me , in West-Flanders , ( as some write , ) not far from Bollogne , Ypre , and St. Omers . Their chief City was called Teroven , now but a small Village . (k) Inhabitants of Artois . (l) Inhabitants about Bollogne , or betwixt Bollogne and Calais . (m) More , in old Celtick , is the Sea. (n) Inhabitants of Essex , as Lud ; or rather of Suff●lk , Norfolk , Cambridge , and Huntington , as Camden and Leland . (o) Calais , a● some ; but Witsand , ●by the Plandrians called Isten , and Esse● , ) a Port betwixt Calais and Bollogn● , in which some Footsteps of the word Iconi do appear , as others . (p) Near the Sea. (r) People of Dowar , as some , of Brabant and Bosleduc , as others ; and of Namur , as divers say . (s) People of Little-Britain in France , to the West of Normandy . (t) Dwellers near the Sea. (q) The Dead Sea. (u) Gascoigne , or Guienne , of which Bourdeaux is the chief City . (w) Albion , o● Albium , the Ancient Name of this Isl●nd . (x) Albion , the Fabulous Son of Neptune , (y) As also B●rgion . (z) Liguria was anciently a Country lying betwixt the Po in Italy , and the Rhos●● in France . (a) A Peop●e living in the Skirts of the Alps. (b) Album signifies High , as well as White . (c) Albinga , under the C●●●eses . (d) Ventimiglid , belonging also to the Republick of Genoua . (e) A People made up of Gauls and Illyrians , whose Possessions reached down to the Adriatick Sea , near Istria . (f) Til●●r . (g) Elbe . (h) Cohan . (i) Berg , in the German Language signifies High. (k) Bergomates , a People of Bergamo in Italy , now under the Venetian . (l) Britain , why called Albion . (m) The Name Albion is still retained in part of Scotland . (n) The Situation of the several Counties ●n Albion , described by English Writers . (o) Hector Boetius blamed . (p) England , how divided . (q) Now only into two , viz. North and South-Wales ; for Pembroke-Shi●e , with part of its adjacent Counties , heretofore called West-Wal●s , is now counted part of South-Wales . (r) The Situation of Scotland , and the several Counties thereof . (s) Merch. (t) Tiviotdale ▪ or Tividale . (u) Lyddisdail . (x) Eusedail . (y) Eskdail . (z) Annandale . (a) Forth , or the Scotish Sea. (b) Lauderdale and Twedale . (c) Liddisdale , Nithisdale , and Clidesdale . (d) Lothian , whence so called . (e) Edinburgh in Lothian . (f) Clidsdale divided . Kyle . Galloway . Abundance of Eels taken . Mul of Galloway . * Now Glenluce . Rinns . of Galloway . Nonantum . Carrick . Kyle . Air. Cuningham . Renfrew . White Carth. and Black Carth. Clydsdale . Sterling . Carron-water . Duni pacis , Emblems of Pe●●e . A strange Edifice . Guidi . Adrian's Wall built before Severus's . Maldon not in Scotland , but in Essex . Iulius Agricola . Adrian's Wall , where ? Severus's Wall , now Grames Dike , where ? Abernethy , once the Royal Se●t of the Picts , then St. Andrews . Lennox . Menteath . Loch-Lomund . Pollacks , an unusual Fish. Mount Grampius . Loch-Ger . Loch-Long . Cowel . Argyle . Knapdale . Loch-Finn . Loch-Awe . Cantyre . A Narrow Neck of Land joyns Cantyre to Knapdale . Birlings a small sort of Se●-Vessels . Lorn or Laern . (a) Granzeben , or the Grampian-Hills , run from Aberdeen in the North , to Dunbarton in the West . (b) Braid-Albin . (c) Drum-Albin . (e) Loch-Earn . (f) Strath-Earn . (g) Strat , wha● . (h) Menteath . (i) Ocel-Hills . (k) Clacman , Culross , and Kinross , Stewarties . (k) Clacman , Culross , and Kinross , Stewarties . (k) Clacman , Culross , and Kinross , Stewarties . (l) Fife . (m) It ariseth out of Loch-Leven , and falls into the Forth at the Town of Leven . (n) Or Creal , on the East point of Fife . (o) St. Andrews heretofore called Fanum Reguli , an University . (p) Cowper , the Shire-Town of Fife (q) Abernethy , anciently the Royal Seat of of the Picts . (r) Tay , the greatest River in Scotland . (s) Loch-Tay Twenty four Miles long . (t) Athol . (u) Blare of Athol . (w) Caledonia , i. e. Dunkel , or Dunkelden , Why so called ? (x) Ammianus Marcellinus divides the Picts into Caledons and Vecturions . (y) Perth on the South of Tay , called St. Iohnston's , from St. Iohn the Evangelist , its Patron . (z) Gowry-land is the farthest East-point of Perth-shire ; the Plain thereof is called the Carss of Gowry , and the Hilly part the Brae of Gowry . (a) Angus , called also Aeneia , Horestia , and Forestia . (b) Wherein there was an Abby near the Water Ila . (c) The Gift of God. (d) Dundee called Taodunum , and why ? (e) It stands near the Sea , on a little Brook in Angus , called Br●th●ck . (f) Redhead , or Reedhead . (g) Called the Sheriffdom of Mearns , lying betwixt Dye and North-Esk . (h) Or d ee . (i) It ariseth in Strathdon , the Hilly part of Mar● , and falls into the German Sea , at old Aberdene . (k) Aberdene , standing on the Don ; and Aberdee , standing on the Dee , or Dye , now both called Old and New Aberdene . (k) Aberdene , standing on the Don ; and Aberdee , standing on the Dee , or Dye , now both called Old and New Aberdene . (k) Aberdene , standing on the Don ; and Aberdee , standing on the Dee , or Dye , now both called Old and New Aberdene . Marr , hath the German Ocean on the East ; d ee , on the South ; Badenach , on the West ; and Bam●●shire , on the North. (m) Or Baden●ck , a continued Ridge of Hills . (n) Called Loch-Abyr , from a little Loch lying in the midst of a shaking Bog , over against Enver-Loc●ie , or , as some call it , Inner-lochie . (o) The three Counties of Loch-Abyr , Badenach , and Marr , comprehend the Bredth of Scotland betwixt both Seas . (p) Buchan abounds with Salmon . (q) The Water of Ratra , in Buchan , hath no Salmon in it . (r) An unusual Cave , turning Water into Stone . (s) The like Cave at Tholouse in Languedoc● : (t) South of Bamss on the Sea-Coast . (u) E●●y , lying on the South of the Spey . (w) Or Spey , it watereth Badenach and S●r●th-Spey , and falls into the German Ocean near G●rm●ch . (x) Loch-L●uch . Lochty , or rather Lo●chty . (z) Or , Env●r-Lochty , standing on the West-side of the Mouth of the River Lochty , in Loch-Abyr . (a) A Castle on an high Rock in Lorn , of old the Habitation of the Scotch Kings . (b) Evonia is not Dunstafnage . (c) Mu●r●y-Land , some call it M●●r●eff land , from More , the Sea , and Rie●● , ●ent (d) A Chief Town in Murr●y , within four Miles of the Sea. (e) O● Enverness , on the South-side of the Ness , where it falls into Murray Firth . (f) It is a narrow and deep Loch , arising near the West-Sea , in Glendulphin ; the Water thereof never freezeth , perhaps because encompassed with high Rocks and Mountains , which keep off the severity of the cold Air. (g) Where Scotland is narrowest ; i. e. but 8 Miles broad between Loch and Loch , or Sea and Sea. (h) 〈…〉 by the mist●ke of the 〈◊〉 ; for the whole of it is mentioned by and by , in its prop●r pl●ce . (i) R●●s is a Shire that extends it self , cross ways ▪ from the Eas● , to the Wes● , Sea , which no County in Scotland doth , besides . Navern , or 〈…〉 . It a●ise 〈◊〉 Sutherland , and running s●rait North , frameth Loch-Navern , and falls into the Deucaledonian Sea at Inver-Na●a , or Inn●●-Navern , as some call it , West of Vervedrum , or Strath●-Ho●d . It a●ise 〈◊〉 Sutherland , and running s●rait North , frameth Loch-Navern , and falls into the Deucaledonian Sea at Inver-Na●a , or Inn●●-Navern , as some call it , West of Vervedrum , or Strath●-Ho●d . (m) A Name given it by the P●cts , as some think : It hath Assin-Shire also to the West of it . (n) Mountains of White Marble in Sutherland . (o) Caithness , the most Northern Shire in Scotland . (p) Farrow-Head , is the farthest North-West point of Scotland , lying in the small Edar-da-cheules . (p) Farrow-Head , is the farthest North-West point of Scotland , lying in the small Edar-da-cheules . (q) Because Strathy-Head is , by some , reckoned to be in Strath-Navern , not in Caithness , therefore they make Hoia to be the Hill of Hoy in Caithness , which hath a Fountain at Top , and , at its Bottom , bubbles forth a River , that runs to the Town of Wick in Caithness , the usual Port for Ships to and from the Orcades . * or Dungisby . (r) The Cornavii in Caithness in Scotland , and in Cornwal in England , too . (s) Now Castle Sinclare . (t) Kernicovalli , Who ? (a) Kebercurnig . (b) Abrecorn , or Abercorn . (c) The Islands of Scotland divided into three ranks , with their several Names . viz. 1st . Western , 2. Orcades , or Orkny , 3 Schetland , Isles . (d) Western-Isles , called Hebrides , Aemodae , and Aebudae . (e) These Number according to Mela , Capella , Ptolomy , Solinus , and Pliny . (f) The Name Aebudae , most approved by this Author . (g) Donald Monro , sometime Dean of Murray , Travelled over the Islands of Scotland , and described them . (h) Alexander the 3d. King of Scotland , drove the Danes and Normans out of these Islands , after they had possest them about 160 years . (i) The Disposition , Customs , &c. of their Inhabitants . (k) Blandium , an old Drink made of Whey , cla●●fied with Herbs . * Heath , it● Nature . (l) Isle of Man called Mana , Eubonia , Mevania , Manim . (m) Sodora in Man , once the Bishop of the Island● See. (n) Ailze , (o) abounds with Soland G●ese . (p) Or , Arran . (q) Lamlach . (r) Flada . (s) Boot Isle . (t) Rothsey Castle . (u) Keames Castle . (w) Mernoch . (x) Cumbras , Two. (y) Sanda . (z) Rahglin near Ireland . (a) Cara. (b) Gaga . (c) Iura , a large Island , formerly called Dera , and why ? (d) Scarba . (e) Many lesser Island● , 〈◊〉 their Name● . (f) Garvillan Vsk●a , Garvillan More , and Garvillan ●eg . (g) Sleach . (h) Tyan . (i) Once the Bishop of Argyle's 〈◊〉 . (k) Yla , a large Island . (l) Avonlaggan . (m) Finlagan , once the Seat of the Prince of the Islands . * Ilan na-Covihaslop , called also the Island of Council , and why ? (n) Many small Islands between Ila , and Iura , with their Names . (o) Mull a , large Island . (p) Calaman . (q) Erra . (r) Icolumkill . (s) Curia , a Parish Church . * Columbus , his Monastery . (t) Three Tombs or C●meterys for the Kings of Three several Nations . (u) Soa . (w) Nuns Island . (x) Skanny . (y) Eorsa . (z) Vlva . (a) Colvansa . (b) Gomedra . (c) Stafa . (d) Carniburghs , Two. (e) Black , or Turff Island . (f) Lunga . (g) Baca. (h) Terriss . (i) Gun Isle ▪ (k) Coll. (l) Calfa . (m) Charn More , and Charn Beg. (m) Charn More , and Charn Beg. (n) Glass More and Glass Beg. * Ardan Rider . (o) Island More . (p) Rum. * Naich . * Muick , full of Falcons , &c. (q) Soavreti●l . Sky , the biggest Isle about Scotland . Skianacha , the old name for Sky . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Oransa . Na gunner . (w) Paba . * Scalpa . Crouling . * Scalpa Raarsa . Rona . * Gerloch . Fladda . Tr●nta . * Oransa . (c) V●●a More ▪ (c) and V●●a B●g. * Several small Islands . (d) Watersa . (e) Barra . * A strange Spring , carrying down shapeless Fish into the Sea. (f) Cockles , or Periwinkles . * Divers small Islands . (g) Vyist a great Island . (h) A strange sort of Fish. * Helscher Vetularum . (i) Havelschyer . * Hirta . (k) A Custom of Baptizing once a Year . (l) Large fair Sheep in Hirta . (m) Valay . * Soa and several smal Islands . (n) Flavanae , in which are wild Sheep . * Garvillan , and other little Islands . (o) Island of Pygmees . * Lewis , &c. (p) A Vault able to shelter Ships in a Storm . * Schan-Castle . (q) Loch-Brien or Broom . * En. * Gruinorta , or 〈◊〉 . (r) Cleirach or 〈◊〉 Isle . * Harary , &c. (s) Harray , or Harrick , and Lewis are but one Island , of which Harray is the South part . * Roadilla Monastery . (t) Wild Sheep in Harray b●t no Foxes no● Wolves . * Lewis is the North part of the Island . (u) Whales taken in abundance about the Island Lewis . * Rona , with the Condition of its Inhabitants . (w) Ronanus , his strange Spade . (x) Suilkyr . * Or Berlins . (y) A rare Bird , called Colca . * The Orcades . (z) Goths , a People o● Sarma●●a Europaea , thence transplanted into Germany near the River Oder in Sil●sia . * Or Picts and Sea. (a) The Britains praised God in Five Tongues . (b) The Inhabitants of the Orcades , Parsimonious and long liv'd . * No venemous Creatture in the Orcades , nor any Tree . Magnus his Bouncing Cup , or Wassail Bowl . * A strange Test for a Bishop . * The Sea very Tempestuous about the Orc●des , and the reason , why ? * Authors do not agree , concerning the number of the Orcades . * Pomona , or the Mainland , the greatest Island of the Orcades . * Danes long Masters of the Orcades . * Kirkwall the chiefe●t Town in Mainland . * White and black Lead in Mainland . * Pentland Firth divides Mainland from Caithness . * Stromoy . * South Ranalds-Oy , the first Isle of the Orcades . (a) Holme , what ? * Bura , &c. (b) Hoia , and Waes-Isle . * Granisa . (c) Coupins-Oy . * Siapins-Oy . (d) Rows-Oy . * Eglis-Oy , or Eglisa , where St. Magnus was buried . (e) Wyer-Oy , Gress-Oy , and Wester-Oy , &c. Fair Isle in the mid way between the Orcades , and Schetland . * Many outlandish Fishermen resort to Fair Isle . (f) Schetland Isles , the greatest of them called Mainland , as well as the greatest of the Orcades . (g) Yell. * The Names of some ●●all Sc●etland 〈◊〉 . (h) Vuist , or Vust Isle . * Divers other small Islands . (i) The Schetlanders manner of Life and Trade . * Their Language . (k) Their Innocent Mirth , and Longaevity . * One Lawrence , a Schetlander , Married at an Hundred years of Age , and lived above an Hundred and Forty . Notes for div A29962-e30810 * The Origin of Letters . (a) Turdetani , a People dwelling in part of Portugal , and in Algarbia , and Medina Sidonia . * Caesar. * Tacitus . * Gildas lived 400 years after Tacitus . * Germany received Letters last of all . * Sanachies a sort of Chanters , inferiour to Bards , called by the Dynnywossals ( or Gentlemen ) of the Highlands , Sanachies , contracted from Seneciones . * Strabo , Ammianus Marcellinus and Lu●an , desscribe , who the B●rds we●e . * Strabo , Ammianus Marcellinus and Lu●an , desscribe , who the B●rds we●e . * Great uncertainties amongst the ancient Writers of British Affairs , and the Reasons why ? * Several Countries have changed their Names . * Spain hath several Names . Or Highlanders . * The Fabulous Origin of the Britains . * Diocletian , a supposed King of Syria , and Labana his Wife , with their 33 Daughters . * Albine . * Brutus , and his Knight-Errant Adventures . * Brutus , a Parricide . * Brutus his Three Sons . * An old Name for England . * Vendelina . * Germany , whence so called , according to old Story . * Born in the same Country ▪ where they live . Iohannes Annius . * The Story of the 33 Sisters confu●ed . * The Fable of Diocletian confuted . * Brutus his Story refelled . * Br●tus and Romulus compared . * The Name of the True Brutus , when it began , and how ? * Faunus the Third King of the Aborigines , to whom Saturn ( by whom he was entertained ) caused a Grove and Cave to be dedicated , whence Oracles were given forth , ( according to old Story . ) (a) Cumaea , so called from Cuma in the Gulph of Naples . (b) Little Pieces of Oak-Wood-Lotteries , marked with Letters or Words , almost like Dice , which when they were thrown , the Priest gave his Response according to the Letter which was uppermost , at Praeneste , now Palestrina , in Italy . (c) Salii were Twelve Priests , instituted by Numa Pompilius , in Honour of Hercules , or , as some say , of Mars . And the Carmen Saliare , which they sang , was composed by the same Numa , in an obsolete and almost unintelligible Language or Style . (c) Salii were Twelve Priests , instituted by Numa Pompilius , in Honour of Hercules , or , as some say , of Mars . And the Carmen Saliare , which they sang , was composed by the same Numa , in an obsolete and almost unintelligible Language or Style . * Brutus's supposed Address to the Oracle , with Diana's Answer thereunto . (d) Homer . * Dionysius Halicarnasseus . (e) Buthrotii , Inhabitants of Buthrotum , ( new Butrinto ) a small Village in Epirus on the Sea coast not far from the Isle Corfu , once a large Roman Colony . * Arverni , Inhabitants of Auvergne in the Dukedom of Burgundy , their chief City is Clermont . * Burgundians . (f) People of the Franch Country . (g) Francs , Originally a People of Franconia in Germany , who in the declining of the Roman Empire , conquered Gallia , and called it Frankinland , now France ; they were composed of so many warlike Tribes , that the Turks do call all the Western Christians Francs to this very day . * Old Scotish Writers blamed . (h) Dores , and Iones , who ? (h) Dores , and Iones , who ? (i) The Scots fabulous Original from one Gathelus a Grecian and Scota his Wife . (k) Now E●r● , a ●amo●● River in Spain , rising in the Mountains of Ast●r●● , and disinboguing it self into the Mediterranean , in Catal●n●a . (l) Gallaecia the Country about Comp●stella in Spain . * Durius , o● D●●ro , Du●●o in Spanish , arising in old Cast● , and after a course of 14● Spanish Leagues falls into the Atlantick Ocean , below Port a Port. (m) Lusitania and Portuga● , the Original of those Names . (m) Lusitania and Portuga● , the Original of those Names . * Palladium , properly the Image of Pallas in Troy , which as long as they kept in her Temple , Troy could not be taken , ( as the T●ojans thought , ) but when Vlyss●s stole it away then they were soon destroyed by the Greeks . * The Ancient Gauls in Caesars time , divided from the Belg●●●s , by the River S●●n ; and from the Aq●itanians , by the Garron , from whom the old Grecians called , the North-West part of E●rop● , Ce●to-S●●thia . * From which no Issue could insue . * Colonies of Gauls sent into Spain . * Celtae and Celtiber● , whence ? * Celtici Boetici . * Celtici Lustanici . * Ne●ium Pr●m●ntorium . (a) People of Piemont . (b) People about Br●xia and Verona . (c) The Salassii ; of P●emo●● also . (d) Insubres of Gall●a-Transpadana about Millan . (e) Of Main , or rather Normandy . (f) Bo●● People of Acqu●tain . (g) Senones were a Warlike People of Gaul inhabiting the Country now called Le Sennois . (h) Galatia . (i) Colonies of Gauls sent into Germany . (k) A Colony from Languedock in France , to the Neecar in Germany , and the Country about that River . (l) Aquitanians in Gaul . (m) Swissers . (n) Decumates People of Wirtenburg . (o) Gothini , on the River Oder . (p) The Getes were a People of Dacia about Moldavia . (q) Danes . (r) Prussians or Livonians . (a) Colonies of Gauls , sent into Britain . (b) Three Nations anciently inhabited Britain ; the Britons , Picts , and Scots . (c) Indigenous , i. e. born in the same Country . (d) In Caesar's time , Belgium was accounted part of France . Britany in France . * Robertus Caenalis . * Pomponius Laetus . (f) V●z . From the Belgians . (g) Colonies of Gauls sent into Ireland . (h) Inhabitants of Ireland , anciently called Scots . Irish-Scots and Albin-Scots . Claudian . (a) H●rodian . (b) Pictiades , Picti , and Peachti , old Names for Pic●s . (c) Pentland-Hills in Lothian . (d) Pentland-Firth , the Firth between Ca●●hness and O●kny . (e) A●ii , a People o● Poland , but formerly accounted part of Germany . * People of Eu●op●a Sarmatia and Scythia , now under the Moscovite . (f) Geloni , Inhabitants of Scythia Europea upon the River Boristhenes . (g) People of 〈◊〉 . * People of Sarmatia Europaea , so called because compounded of Goths and Huns , whence Claudian calls them Mixti Gothunni . (h) The Baltick , or rather the Bothnick Sea or Gulph . (i) The River Danulius , arising in the Alps , and running through Germany , Hungary , &c. at last dischargeth it self by six Mouths into the Euxin Sea. (k) Walsch hath several Acceptations . Aquitans , i e. the Gu●enno● in France . (m) The British and the Scots anciently used one Language , but a different way of pronuncia●ion . (n) Picts had their Origin from Germany . * People of Prussia and L●vonia . (o) Danes . * People of Swisserland . (p) People of Germany , near the Baltick Sea. (q) Of V●logna in Moscovy , which was then called Scythia , or Sarmatia Europaea . * Mayatae . * A●tacottae . A Nation of the Picts , that lived North of 〈◊〉 Wall in 〈◊〉 and the Me●ss . (s) One of the 〈◊〉 of the Picts , living near the S●●ts on the East Sea , betwixt Twee● and T●●e in 〈…〉 mixt People of Picts and S●o●● , that inhabited the 〈◊〉 man 〈◊〉 . Or Dunk●●den in Perthshire . (w) Duncaledones . * The Sameness of Religion , Language , Names of Places , are Characters of one and the same Nation The Britains and Gauls of one Religion . * 〈◊〉 on the 〈…〉 . * Bards were the He●●lds , Poets , and M●si●ians of the Ancient Gaul● and Britains . B●rds p●s●'d 〈◊〉 b●tween the A●mies of 〈◊〉 greeting Nations . * Rhapsodists ( 〈◊〉 ) Rehea●●e● , or I●terp●e●e● 〈◊〉 Verses by piece-meal . Tacitus Horat. de ●ree Poeticâ . (a) The Celts were a numerous People Inhabiting principally about Lyons , from whom one part of France was called Gallia Celtica . (b) Inhabitants of Belgium ( now the Low Countries or the Netherlands ) in Caesar's time , counted a third part of France , by the Name of Gallia Belgica . (c) Winchester . (d) Inhabitants of Berkshire , so called from the Atrebates of Gallia Belgica , who transported themselves thither . (e) Living in Norfolk , Suffolk , Cambridge and Huntingtonshire , transplanted from the Iceni in Belgium . (f) The Iones were a Colony of the Greeks , which Inhabited I●nia , on the Med●terranean Sea in Asia . (g) The Attick Dialect was used in and about Athens , and was the smoothest and purest Greek . (h) Containing the Provinces of Savoy , Province and Languedock . (i) Formerly inhabiting the Kingdom of Navar , but now the Country called Gascoign . (k) Inhabiting Limosin , Pericord , and Auvergn . (k) Inhabiting Limosin , Pericord , and Auvergn . (k) Inhabiting Limosin , Pericord , and Auvergn . * Hypocoristical i. e. diminutive , as Thingling from Thing . (a) A well fortified Town in Alsatia , built on an Hill , and a strong pass on the Rhene . (b) People of Le-Main in France . (c) Now Bressia . (d) A Town of Au●●gn in France . In Portugal . (f) Cornavii in Scotland , and England too ; in the one , the Ca●thness-Men ; In the other , the Cornish-Men are so called . (g) Etymology o● Cornwal . (a) The French Tongue by some called Walla . (b) The French pronounce Gales and North-Gales , for Wales and North-Wales . (c) Pol●dore V●rgi● , mistaken . * O● Cumbri , 〈◊〉 their King Camber , as some . * The Inhabitants of South-Wales . * Leland . * Galloway , whence derived . * Ancient S●●ts , i. e the Highlanders divide the Nations , inhabiting Britain into Two , the first Gael , the second , Galle or Ga●d , i. e. Gallae●i and Gal●i . * Another Argument of Affinity between the Gauls and Britains , from the Names of Towns , Rivers , &c. a Derivative Words shew the Affinity of a Language more than their Primitives . b Or Brutobrica , a City of Thrace , on the Coast of the Aegaean Sea , now called , by the Greeks , Aenos , or 〈◊〉 ▪ and by the Turks , Ygnos . c A● Ancient Town in Spain . d A City of Bulgaria , situate on the ●uxien Sea. e Selivre , a City of Thrace , situate upon the Propontu , 15 Miles West from Constantinople . f Bria , Briga and Brica are synonymous , all signifying a City or 〈◊〉 ▪ with words compounded of them . g Braga in Port●gal . h Arrabida . i Castanheira in Portugal . k Arcos . l Azvaga in Portugal . m Alcasor near Saragossa in Spain ; which being at f●●st called Salduba , from the Salt-Pits there , was afterwards rebuilt by Caesar Augustus , and called Caesarea Augusta , some Footsteps of which Name do yet remain in the word Saragossa . n Atzburgh . * People of Bavaria and Suab●● in Germany , so called from the Rivers V●ndis ( Werd ) and L●●us ( Leck , ) near which they lived . o Villar del Pedroso . p Puente del Arcobispo . * People of Extremadura in Spain . q Ardea ol Muro . * Part of old Cas●●le in Spain . r Boppart , in the Bishoprick of T●eves , or T●●ers . s Broughton in Hampshire , as Cumden : Quaere , Whether not Stockbridge , which though a mean place now , yet was formerly a noted Town , as appears by its sending Burgesses to Parliament at this Day : It is yet a considerable Pass , between Winchester and Salisbury . (1) Which divide France from Italy , or rather Piem●nt from Dauphine . (2) Inhabitants of Extremadura , or Andalusia , in the Kingdom of Corduba , in Spain . (3) Guadalquivar , a famous River in Spain . u Barcelos , a Town now of Portugal , formerly of Spain , near the River Celand , Inhabited heretofore by the Celerini . x People of Hispania Boetica . y In Extra-medura , in Spain . z Miranda de Ebro . a B●scamers . b People of Burgos in Spain . c Lagos in Portugal . d Bermeo , as some ; Bilbao , in Spain , as others . d Bermeo , as some ; Bilbao , in Spain , as others . e Alanguera in Portugal . f Province of Santaren , in that Kingdom . g Fuente d'Ivero , as some ; or else Braganza , as others , say . h Lagos . i Inhabitants of the Kingdom of Leon in Spain . k Cape of St. Vincent , in Portugal . l Langroi●a . m Dwelling by the River Anas in Portugal . n La●sanne . o Mon●briga . p Sant●ago de Lacem . q Ma●abriga . r Inhabiting the Country of La Mancha , in New-Castile . s Villa de Capilla . t Es●●remed●ra . u Inhabiting part of Alg●b●a and Mea●na 〈◊〉 . x Va● de N●bro . y Valera z Almun●a . a Spaniards , lying beyond the River ●●erus in Arragon and Castile . b Segorve , as Clasius thinks . c Talega , or Tal●ga , in Portugal . d Alcantara . e Braganza , as some ; or rather B●g●a de Regoa . f The Gallicians living near Braga , in Portugal . g Inhabitants in and about Spire , in High Germany . h Dwelling in and about ●rianzon . i Bregentz . * Or Bavarians . k Monti de Brianza . l Bodensée , or Lake of Constance . m Inhabitants of Galway , Waterford and Tipperary . n Brianzon . o Capo de Fin● terrae ; or Nerium , in Ga●icia . * Almeria . * Words compounded of Dunum * Or Lugdunensis , the Country about L●ons in France . * Highlanders , or Islanders . a Autun in Burgundy . b Chasteaudun . c Melun . d Lyons . e St. Bertrand de Comminges . f Noyon . * Or , Alsatians . g Cad●nac . h Lodun or London . i Dun●e Roy. k Tours . l Rodez . * Or , Rovergu●●●s . m Some take it for Chasteau London . n Sela. o Campredon in Catalonia . p Almondbury in Yorkshire , as Cambden ; but West Chester , as some others . * The old Inhabitants of Yorkshire , Lancashire , Durham , Westmerland and Cumberland . q Maldon in Essex . r Dorchester , called also Durnium , and Durnovaria , from the River Vare , gliding by it , which ariseth at a Town some few Miles distant , called Evarsholt , i. e. the head of Vare , and passing by Dorchester , runs into an Arm of the Sea , at Varbam , i. e. a Town on the Vare , now Warham . s Old Inhabitants of Pembroke , Cardigan , and Carmarthen-Shires , formerly called West-Wales . a Yverdon . b Sedan . * Which Anciently comprehended Austria , Stiria , Carniola , &c. c Ba●ryon . d Korburgh . e Linez , or , as some , Gasten●al . f Iudenburgh , as some ; Idenaw , as others ▪ but Windisch Matray , as Sanson . g Neumarck . h Partenkirck . i K●rburgh . k Semendria , or Zinderin . l Neupurgh . * Words declined from Dur. m Metz. n Inhabitants of P●ïs Messin . o Wyck te Duersteden . p Briare . q Constance . r Laufenburgh . s Martenach . t People of Gallia Narbenensis near the Rhosne . a Psullendorff , as some , but Beyerne Castle , as Cluverius . b Korburgh . c Olmu●z . d C●stenitz . e Instat . f Fermosello . g Duero . h Guadalaviar , near Valentia . i Ledung in the West of Ireland . k Inhabitants of Redborn in Hertfordshire . l Of Rochester in Kent . m Of Leneham in Kent . n Of Canterbury . o Godmanchester by Huntington . p Dorsetshire Men. q Cirencester in Gloucestershire . r Laiton in Ess●x . s Dorchester in Dorsetshire . t Lutterworth , or , as some , Longborough in Liecestersh . u Vald ' Osta . x Issoir . y Auxerre * Names of Places ending in Magus . z Badajox , a City in Spain , where once the Romans had a Colony ; 'T is also called Pax Augusta . a Noviomagus , is a Proper Name for so many places , that it is hard to distinguish Them severally in English , for it signifies Odenheim , Newenburgh , N●mmegen , Spire , Solac , Bourg , &c. b Xunt●gners , in France . c Inhabitants at Lisieux , a Town in Normandy , and the Country there about called Le-Lieuvin . d Nivernois . e About Spire . f Living at St. Paul de trois Chasteaux , a City in Daulphin . g Living in and about Berry . h Angiers . i L'Anjouans . k Roven . l Beauvois . m Beauvoisins . n Tournois . o Wormes . p Living in Armagnac . q Argenton . r Memmingen . s Chelmesford . t Thetford . u Wood-Cote near Croydon . x Inhabitants of Surry , as Leland ; of Sussex , as Camden . y People about Sterling , or , as some , of Murray in Scotland . z Ashwel in Hertford-shire , as some , or Dunstable in Bedford-shire , as others . a Ireland hath several Names . b Camden thinks it to be the River Ma●re in Munster , in the County of Desmond , but , why not Loch-Earn , in the County of Fermanagh . c Earn arising out of Loch-Earn . d Strath-Earn . e Millain : f Xantoign . g D'Eureux . h Duesburgh , or Asburgh . i Metelew . k Lancaster as Lud ; Lanvellin in Mongomery-shire , as Camden ; others , Midland . l Malck , on the River Shanon . m Wye . n R●o d' Aves . * Awe . o Cabo de S. Vincem . p Ban , in the County of Wexford . q Spurnhead in York-shire . r Fermosel . s Ocel-Hills . t Esilles or Exilles . u Lest●thiel in Cornwal . x Cadenac in France . y Or , Tambre . z Tamerton , by the River Tamar in Cornwall . a Or , Ars. b Sarck or Sars in Annandale . c Evora . d S. Lucar de Barameda . * Of d' Eureux . * d ee or Die. * Cornish . * Ca●●hness-Men . * Three Nations ( besides the Brittons , ) anciently inhabited this Isle . * Saxons invited in by the Brittons , * Where , by Stratagem , they and their General treacherously Murder the English Nobility . * Danes invade and Conquer Eng●and , under Swain . * William the Norman Conquers the Dan●s , and is Crowned King of England . * Three other Nations came into B●itai● . * The Authors Ingenuity . * Lud f●rther c●nfuted . * Mamertinus . * All the Inhabitants o● I●●land anciently called Scots . * Marcellinus divides the Picts into Dicaledones , and Vecturiones . See p. 18. * Caledonians , Picts and Scots , are sometimes called Britains . * B●●tians , a People o● Magna Grecia in Italy , heretofore possessing the two Calalapr●●● . * Romans , inhabiting the District abou● Rome . * 〈…〉 Men. * Scutabrigantes , for Scotobrigantes , according to Ioseph Sca●iger . * Hector Bo●tius mistaken . Iron . * Ludd censured . * Aestiones , inhabiting P●ussia & Liv●nia . a Mi●esian Fables o● 〈◊〉 ; For the Inhabitants of M●●tum in 〈◊〉 were infamous for telling Tales , so far from being true that they had not the least shadow o● Truth in them . a When Marius , by Sylla's Faction , was driven out of Rome , he hid himself stark naked in the Mud & Weeds of the River Liru , ( now Garigliano ) in the Kingdom of Naples ; where being found out , he was carried to prison at Minturnae , a Town hard by , whither a Gaul , or Cimber , being sent to kill him , he saw such a Majesty in his Countenance , that he return'd without perpetrating the Homicide . b Switz ●● . c Iron . d Sicambri or Westpha●s●●●s . Irony . e Brennus's ▪ Two. f Hector Bo●tius and Lud compared , and Both of them censured , for some Mistakes . Notes for div A29962-e68790 〈◊〉 taken by Caesar. The description of Britain , according to Tacitus . b It doth not appear , how this resemblance holds , and therefore some think , those Aut●●rs to be better Historians , than Resemblancers : and , indeed , ●f the whole Island were not conquered by the Romans , ( as confessedly it was not ) I do not see , how they could give us the perfect Form and Shape thereof ; a Later A●tho●● can ha●dly reconcile this reason with the Principles of the Mathematicks : And besides , the matter of Fact is very questionable b The several Roman Generals , that had come over into Britain , or waged War therein , in or before Tacitus his time , viz. * Claudius and Vespasian . * Aulus Plautius . * Ostorius Scapula . * Didius Gallus . * Verantius . * Suetonius Paulinus . * Or , ●oadicea . * P●●●●nius Turpilianus . * Trebellius Maximus . * Vectius Bolanus . * Petilius CeCerealis . * Iulius Frontinus . * Orosius concerning Ireland and Britain . * Orosius concerning Ireland and Britain . * Solinus , his description of Britain , and its Inhabitants * Herodian , concerning Britain . * Ammianus Marcellinus , concerning Br●tain . * Lupicinus . * M●●sici , inhabiting part of Pomer●nt●● , an● part of Mechlenbu●g . * Or Lombards . * London Anciently called Augusta . * Civilis . * D●lcitiu● . Dion 's Relation concerning Caesar 's coming into Britain . * B●de 's Relation , concernning the B●itains . * Base-●●etagne in France . * Rather the 15th . * Severus his expedition into Britain , according to Bede . * Dumb●●ton . * Cl●th , or Cyte . * The Britains make a lamentable complaint to Aetius at Rome . Notes for div A29962-e73850 a A Colony of Spaniards come into Ireland . b A German Fleet is driven into the Aebudae . c From thence they sail to Albium . d Pi●●s were Germans , at first . e Scots and Germans joyn in affinity . f A Pictish Prophecy . g Scots and Picts fall out , and divide their Habitations . h The Brittons foment the Divisions between the Scots and Picts . i Fergus sent for out of Ireland by the Scots , and made King. k The Army of the Picts and Scots at a stand . l The Scots and Picts unite against the Brittons . * Or Down , in Kyle . m And actually joyn . n C●ilus , King of the B●ittons overthrown in Coil , now called Kyle , by the Picts and Scots . Viz. Coil . o Fergus , the First King of Scotland , drowned at 〈◊〉 - Fergus , a noted Town , with a ●●●ge Bay ad●oyning , in the Province of 〈◊〉 in I●eland . p An old Law in Scotland , concerning Succession to the Crown . q Ferlegus conspires against his Uncle Feritharis . r Feritharis willing to resign the Crown . s But the People oppose it . t Ferlegus imprisoned , But makes his escape . And , in his absence , is condemned , for the presumptive murder of his Uncle . * The best Guard for a Prince . u Laws about Hunting made by King Dornadilla . u Laws about Hunting made by King Dornadilla . a Nothatus , the First of the Scotish Kings , that set up Arbitrary Government . b He is Slain by Dova●us . c Dovalus and Getus , King of the Picts , slain in Battel . d The Brittons enter Scotland . e But make Peace , at last , with the Scots and Picts . * Scots called Dalreudini , and Why ? * 'T is Partem ( a part ) in the Copy , which , some think , is mistaken for Pratum . f g Thereus his cruel Reign , he flies his Country , and dies an Exile . h Iosina , with his Nobles , great Lovers of Physi●k and 〈◊〉 . i Finnanus his just Decree . k Durstus his profligate Life . l His feigned Repentance . m His cruel Murder of his Nobles . n He is slain . o King Ewen , the first Scotish King that required an Oath of Allegiance of his Subjects . p He first setled Itinerary Circuits for Judges in Scotland . q Informers then allowed , since disused , as being found inconvenient by experience . r Gillus his cruel Reign . * Some think it to be Dunstafnage , a Castle standing on an high Rock in Lorn , in the West-S●● . s He is wo●sted in Battel , and flies into Ireland . t Cadvallus , made Viceroy . u Gillus Slain by Cadvallus , in Ireland . u Ca●●●llus , 〈◊〉 of Grief . x The Orkney-Men come with an Army into Albium , but were beaten , and their King Belus slew himself , thereupon . Bredius one of Gillus's Faction , overthrown . * Or Reds●ank . z E●en enacts Polygamy , by a Law , and allows many other Lustful Venereal Orders and Customs , but being afterwards worsted in Battel is committed to Prison , and there Slain . * Maitland . a The Orcades subdued in Claudius Caesars days , as some affirm , but mistakenly . b Dardanus , his bloody Reign . c And 〈◊〉 Death . d Corbredus II. The First of the Scotish Kings , that ever appeared in Arms against the Romans . * Inhabitants of South-Wales . * Agricola , a Roman General in Britain , who makes further Conquests there . * Inhabitants of N●rth-Wales . * Agricola overcomes the Caledonians in Two Battels . * But being recalled by Domitian , the Caledonians , beat the Romans out of their Country . * Luctacus his vitious Reign . * And miserable End. a Mogaldus Reigning virtuously at first , afterwards degenerates . b Adrian the Emperor comes into Britain , and built the Wall called by his Name . c The Law to forfeit ones whole Estate for Treason , without allowance to innocent Wife or Children , made in Mogaldus'● time , esteemed unjust . d Mogaldus slain . e A Battel between Conarus and the Picts , against the Romans and Brittons . f Lollius Vrbicus sent to Aid the Romans in Britain . g Conarus his Prodigality enforces him to demand large Subsidies of hi● Subjects ; h Which are denied by the Commons , and their Reasons why ? i Conar●● imp●isoned , 〈◊〉 his Evi● C●●●sellors slain . k Argadus set up in his room , who first Rules justly ; afterwards degenerating , he is accused ; but , upon his Repentance , is continued in the Government , l Which he managed equitably , for the remainder of his Magistracy . m Argadus sent General a-against the Islanders , is slain in a Battel by them . n Ethodius , having got his Enemy in a Pound , forces him to what Conditions he pleases himself . o Ethodius , his vnenary Laws . p He is slain by his Harper ▪ q r 〈…〉 virtuous Reign . s Aelius Pertinax , after Commodus , comes into Britain . t Donald , the first of the Scotish Kings , that imbraced the Christian Religion . u Severus comes over 〈◊〉 to Britain , ●n his time ; enlarges the Roman Conquests , and Built a Wall , from Forth to Clyd , Eighty Mile beyond Adrians . y Temple of Terminus . z Duni Pacis . a Ethodius slain . b Athirco , being disgusted for vitiating Noble Virgins , kills himself . c Dorus flies , and carries his Brothers Children with him . d Nathalocus Murders the Nobility treacherously . e He himse●●● slain by one 〈◊〉 his Domesticks . f Findochus or●ecomes Donaldus and his Redshanks . g He is slain by the conspiracy of his Brother Carantius . h Donaldus overthrown , and taken prisoner by the Islander● . i He is slain by 〈◊〉 . The Scotish K●ng● did 〈◊〉 Travel all ove● the whole Kingdom , in their own Persons , to Administer Justice . m A War like to 〈◊〉 between the 〈◊〉 and the 〈◊〉 , But composed by the Prudence of Carantius , a Roman . 〈…〉 , and Constantinus Ch●o●us , three Roman Lieutenant-Generals in 〈◊〉 suc●●●lively . 〈…〉 , and Constantinus Ch●o●us , three Roman Lieutenant-Generals in 〈◊〉 suc●●●lively . 〈…〉 , and Constantinus Ch●o●us , three Roman Lieutenant-Generals in 〈◊〉 suc●●●lively . q C●●●ees , a sort ●f Religious Monks , in those days . r Dissension about Succession to the Crown . s Romachus Reigns Tyrannically , t And is therefore slain . v Wars between Angusianus and the Picts ; w Wherein Angusianus was slain . But 〈◊〉 Murderd , afterwards , by two Picts , inborn●d by 〈◊〉 . * Maximus , a Roman General in Britain . z Roman● 〈◊〉 Picts 〈…〉 the 〈◊〉 a 〈…〉 by Maximus , and Eugenius slain . b Maximus at first using his Victory moderately , yet afterwards , at the instigation of the Picts ▪ c He banisht the Scots out of all Britain , upon pain of Death , and give away their Lands . a The E●iled Scots , endeavouring to recover their Country , are worsted by their Enemies , b And forced to make Peace with the R●mans ; b And forced to make Peace with the R●mans ; Which they obtain from Maximus , on moderate Conditions . d Victorinus sent from Rome , to Govern Britain . e Who incensed the Picts , by his Tyrannick Government over them . f The Picts repent of their Conjunction with the Romans , to Root out the Scots ; and also of the Persecution of the Monks , being of the same Re●●gion with themselves . g They send to recal Fergus , a Scottish Exile , from Scandia , to take the Regal Government upon him . Notes for div A29962-e86690 h The Scots and Picts unite against the Romans , then brought low by their own Civil Dissensions . * A Parchment Chronicle of Scotish Affairs , written by the Monks of the Abby of Pasley , a Town and Abby , situate not far from Glascom , in the Ba●ony of Renfrew , called from its Cover . The Black Book . * Fergus prepares for War. * The Brittons send for Aid to the Romans , and receive one Legion , * Who repulsed their Enemies and return . * The Brittons receive another Auxiliary Legion of the Romans under Maximianus . * Dionethus a Britton . * Maximianus overcomes Fergus King of Scots , 〈◊〉 King of Picts , and Dionethus . * The Two Fergus's compared . * The Roman Legion leaves Britanny , to maintain their Empire at home . * Graham's Dike . a The 〈…〉 by the 〈◊〉 and 〈…〉 of the R●mans . b A Peace made betwixt the Scots and Picts of the one part , and the Brittons on the other . * Tithes for Ecclesiasticks . * Peace sometimes more dangerous than War. * Famine the forest of Evils . c New occasions of Dissention between the Scots and Brittons . d Whereupon the Brittons Arm. Tho d●ssuaded theref●om by Conan●s , their Countrym●n . f Who is 〈…〉 g A terrible Fight between the Scots and the Picts ; and the Brittons . h Wherein the Brittons are overthrown . i And have 〈◊〉 Conditions of Peace imposed on them . k The Brittons make Constantine King , who was soon after sl●in by V●rtigern . * Luxury , the usual Companion of Peace . l Vortigern , having slain Constantine's Heir , makes himself King of the Brittons . m He sends for Aid to Hengist the Saxon , by whose help he repels the Scots & Picts . * The Character of King Eugenius . * Dongard , an opposer of the Pelagian Heresy . n Pope Celestine sends Pa●ladius , and other Learned Monks , into Scotland . * Or St. Mungo . o Palladius first institutes Bishops in Scotland , which before was governed by Monks with less splendor , but more Piety * Vortigern deposed , and Vortimer made King of the Brittons , who concludes a Peace with the Scot● & Picts . p Constantine● wicked Reign . q And violent Death . r Scots and Brittons unite against Picts and Saxons . * Aurelius Ambrosius , in Britain . s Merlin and Gilda● , When they lived ? with a Comparison between Them ; the Former● counte● an Impostor ; the La●er , a 〈◊〉 and 〈◊〉 ▪ * Gildas his Prophecies , not Genuine . * Gildas his Death , at Glastonbury in England . * Informers found dangerous by Experience . a Goranus persuades Lothus King of the Picts , and Vter King of the Brittons , to join with the Scots , and break with the Saxons . b By the joint Confederacy of those three Kings , the Saxons are worked . c The Story of Vter , and of Arthur , his Son , Kings of the Brittons . c Arthur takes London and York from the Saxons . d The Licentious , rather than Religious , Observation of the Day of Christ's ( supposed ) Nativity , called Iuletide . The Scots , Picts , and Brittons , overthrow the Saxons . g And , at last , drive them out of a great part of Britain . h Competitorship between Modredus and Constantine , for the Kingdom , after 〈◊〉 Death . i Arthur's Character . k The People , by the Instigation of Donald of Athol , Murder Toncetus ; and after that , the King Goranus himself . l A Prince's example hath a greater influence on his Subject● , than his Laws . m Columbas's great Authority . * War betwixt Scots and Picts . * A Fight between the Saxons , Scots , and Brittons , wherein the Britt●ns are overthrown . a The Scots and Britons overthrow the Saxons . * Columb's wonderful Narration of a Victory , at a very great distance from him . * Ethelfrid routs the Scots , being shatter'd afore . * Columb's Death . b Austin , the Monk , comes into Britain , rather to promote the Ceremonies , and Domination , of Pope Gregory , than to Preach the true Doctrine of the Gospel . * A dispute raised about the Observation of Easter-day . c Eugenius harbors the fugitive Saxons . d Ferchard endeavours to turn limited Monarchy into Tyranny , for which he is imprisoned , and there lays violent hands on himself . e Northumberland divided into two Kingdoms , i. e. the Deiri , Inhabiting on this side Tine ; and the B●rnici , Inhabiting beyond Tine to Tweed . f Apostacy justly punish'd . g King Donald repeats and interprets Pious Sermons to his Subjects , himself . Ferchard's wicked Life , and Repentance , at his death . * Scots Monks unjustly banished out of England . * Maldvinus Strangled by his Wife , for which Fact she is Burnt ●li●e . a Egfrid , King of Northumberland , overthrown by the Scots and Picts . b Two Kings , very great Theologist● . c Blood rained down from Heaven for 7 days ▪ &c. d Amberkelethus slain . e Eugenius like to suffer for the ( supposed ) Murther of his Queen . f He first appoints the Acts of Kings to be Registred in Monasteries . * A Town in the East part of Strachern , near Fife . g An Abby not far from Wigton in Galway . * Donald , a great Plunderer . * Donaldus slain by Bug●nsus . * Eugenius , slain by his Nobles , for his vitious Life . h Fergus , for his Adulteries slain by his Wife , who , to avoid punishment ●ill● her Self . * One Donald calls himself King of the Aebudae . * Donald slain . * War between the Scots and Irish. * Which is soon composed . i Achaius the first of the Scots Kings , that enters into a Friendship with France . k Learned Men sent for out of Scotland , by Char●es the Great , as Iohannes Scotus , &c. * Who Preach the Doctrine of Christi●nity in Germany . l A Battel between Athelstan of England , and Hungus the Pict , who was aided by the Scots . l A Battel between Athelstan of England , and Hungus the Pict , who was aided by the Scots . * Hungus his Visi●n upon his Praye● to God. * Athelstan overthrown and slain . * 〈…〉 Andrew . * Hungus's Death . * Dongal drowned . * Wars between the Scots and Picts . * King Alpin overthrown in Battel by the Picts , and slain . * Kenneteus , by a witty Invention , engages his Nobles to make War upon the Picts . * The Picts , being deserted by the English , receive a great overthrow by the Scots . * The Picts again routed by the Scots , their King Drusken slain , and their Kingdom abolished . Notes for div A29962-e101990 * Kennethus compared with both the Fergus's , and reckoned the Third Founder of the Scotish Kingdom . g The wholsome Laws , made by Kenneth , called Mac-Alpin-Laws , because he was the Son of Alpin . h The Country l●ing between the Tay and Dee . i Aeneia , all one with Angus . k The Mearns lie alongst the East-Sea , between D●e and North-Esk . l It stands on the North-side of Forth , in P●rthshire . m A Town lying on the beginning , or head of a point of Land , that runs into the West-side of Loc● 〈◊〉 . Otherwise called the Sheri●fdom of B●●wick . Edinburgh hath several Names . p The Story of the Marble Stone , on which the Scotch Kings were anciently Crowned . q An Abby on the North-side of 〈◊〉 , a Mi●e above Perth . r The Ancient Scots Bishops , not Diocesa●s . a Donaldus's Licentiousness . b It gives opportunity to the Picts to solicite Aid from Osbreth in England . c Osbreth overthrown by the Scots ; but his Men rallying , overcome the Scots , when secure , after their Victory . d Peace granted upon hard Terms to the Scots . e The Picts driven out of Albium , and never recalled . * Sterling Money . * Donald cast into prison , where he dies . * Ecclesiasticks Reformed by Constantine . f Drunkenness Punished with Death . g Evenus put to Death , for conspiring against Constantine . h The Danes Invade Scotland , are worsted at first ; yet , afterwards , overthrow Constantine , who was slain by them . * On the East-point of Fife . a Sea-Monks , a prodigious sort of Fish , swimming in Sholes , always portending some Evil. b Ethus , for his Viciousness , forced to abjure the Government . c Gregory overcomes the Picts and Danes , * In Annandale . d And the Brittons also , causing them to restore Cumberland and Westmorland . e Peace made between A●●red of Eng●and and the Scots . f The I●ish break in upon Galway in Scotland . g Which causes Gregory to follow them into 〈◊〉 . h Where he takes Dundalk , Tredagh , and Dublin , and then makes Peace with the Irish , and returns . i The Danes Fight a bloody Battel with the English , and afterward turn Christians . * A Town in Murry-land , not far from E●gin . k Constantine ▪ taketh part with the Danes against the English. * The Ancient Liberty of the Sub●ect invaded . l The Scots and Danes are overcome by the Policy of Athelstan of England . m Who recovers from them Westmerland , Cumberland , and Northumberland , which yet soon after re●o●t to th●●● old Mast●●s . * Constantine resigns the Kingdom . * Culde●s ( perhaps , contracted from Cultores Dei ) or Kelds , Who ? n Malcolm , sometimes f●●s in Courts of Justice , himself . o He is slain . p The Danes Land in Scotland . q Indulfus Slain in a Fight with the Danes . r Murmurings against King Duffus . 〈…〉 King Duffus , Ho● , and by Whom ? * A Tour in Murry-land , 〈…〉 ▪ * King Duffus treacherously Murdered by Donald and his Wife . * In Murry-land . * A Traditional Opinion , still obtaining ; Especially , if the Murtherer touch the Murdered Body . * Prodigies , upon the Murder of Duffus , awaken the Estates to revenge it . * The Murderers of Duffus apprehended and executed . Culen . le●s loose the rein● to Voluptnousness , and indeavours to justifie it in h●mself , and the young Nobility . His Intemperance enfeebles his Body . * Lust , a punishment to itself . Culenus Summoned to appear at Scene . * Or Meffen , lying on the River A●mond , Two Miles above its Confluence with T●● , Three Miles above Perth . He is slain by a Thane , for Vitiating his Daughter . * Th●●e was a 〈◊〉 of Dignity amongst the Old Scots , and Picts before them , equal with a Baron , now : Mr. Selde● judges it to come from a Saxon roo● . His Office was , like that of a Sheriff amongst us , to gather up the King 's Revenu , Or , as an Under-Steward , to pay it in to the Lord High Steward , who was called Ab●hane . * Th●●e was a 〈◊〉 of Dignity amongst the Old Scots , and Picts before them , equal with a Baron , now : Mr. Selde● judges it to come from a Saxon roo● . His Office was , like that of a Sheriff amongst us , to gather up the King 's Revenu , Or , as an Under-Steward , to pay it in to the Lord High Steward , who was called Ab●hane . Illustrating 〈◊〉 , upon Philosophical 〈◊〉 . * The right Method for Publick Reformations , is , for Princes to begin at home , as K. Kenneth the 3d did . * On the Banks of Clyd , 5 Miles above Hamilton . Kenneth politickly circumvents his Nobility at Scone , and causes them to Reform their Clandships . * Red-Head . A Danish Fleet appears upon the Coast , Crathilinthus●●●ses ●●●ses a disturbance in Scotland . * But is suppressed , and put to Death Kenneth embrues his Hands in the Blood of the hopeful Prince , and his Kinsman 〈◊〉 Kenneth III. endeavours to alter the old Law , concerning Succession of the Crown , and to make it Hereditary . And carries the Point . Kenneth troubled in Conscience for his Murder of Malco●m . An Apparition and Vo●●e , to Kenneth . Mock-Plaisters applied to Kenneth's wounded Conscience , by S●perstitious Ecclesiasticks . * Situate at the Foot of Clermont in Mern . * A strange Mechanical Statue or Engine . * Kenneth slain by Fenella . * Constantine inveighs against the Law made by Kenneth , about the Hereditary Succession to the Crown , with his Reasons to back his Opinion . * Malcolm , Competitor with Constantine for the Crown . * Or Almond-water , dividing Mid-Lothian , from West-Lothian , or Linlithgoshire . Constantine slain . * An Agreement made between Malcolm and Grimus , con●erning the Crown . * Grime , having broken the Agreement with Malcolm , is overthrown by him in Battel . * The Law concerning Hereditary Succession to the Crown Confirmed . Sueno , or Swain , coming into Scotland , obtains Aid there against Eng●and . * S●edes , Danes , Laps , and Norts , were anciently so called . * The Danes enter Scotland , and overthrow King Malcolm in Battel . * A Burgh , or Burough . * A Village on the West of the River F●ddick near Balvany . * The Danes overthrown by the Scots , and their Genera● ▪ Ene●●s , sl●●n . * Called Redhead , Ridhead , or Reedhead . * B●mbreid in the midway between Dundee and Aberbrothock . * The Danes , under their General Camus , receive another overthrow from the Scots . * On the River South-Esk , in Angus . * Canutus sent by Swain , into Scotland . * A Third desperate Battel between the Danes , under Canutus their General , and the Scots ▪ * Which produceth Conditions of Peace between Them. * The Originals of Wardships . * New Titles of Honour . * About four Miles South of Forfar . * King Malcolm Murdered . * The Chief Town of Angus . * K. Malcolm's Murderers drowned in their Flight . Prodigies . Notes for div A29962-e113740 Descants , by way of Reflection , upon the Law of Kenneth about Hereditary Succession to the Crown . * Abthane , or great Thane , is the Chief above all other Thanes , which receives the King's Revenue , as Lord High Treasurer , from the other Thanes . Donald●ust ●ust Government both to R●ch and Poor * One Mac-duald Rebels against Donald . * Or R●dshanks . Mackbeth his Character . M●cduald is overthrown by Mackbeth and B●n●ho . Swain and his three Sons . Swain King of Norway●ands ●ands in Scotland . * A Town standing on the Forth in Pert●shi●e . * The Sc●t● , by an ineb●●ating D●ink made of Night-shade , stupifie the Danes . * The Herb Night-shade , its Description , and Properties . Danes overthrown . * Dru●i●a●-Sands , 〈…〉 North-side of the 〈…〉 . * A Burgh-Ro●a● on the North 〈…〉 Another Fleet of the Danes overthrown by Bancho . * Or , Inch-Colm . * The Danes swore neve● to invade Scotland any more . * Mackbeth's Dream , encouraging him to aspire to the Kingdom . * He thereupon sl●ys King Donald , or Duncan , ( as some call him ) and is declared King. Donald's Children fly for their Lives . Mackbeth severe against Thieves . He makes Wholesom Laws . But ▪ afterward ▪ degenerates , & causes Bancho to be treacherously slain . * Lying Southwest , 3 miles from Cowper in Angus . Mackduff , ill resents Mackbeth . He flies into England . And stirs up Duncan's Son , against him . * Malcolm , by the assistance of Edward , K. of England , recovers the Kingdom from Mackbeth . * See Note a p. 77. * Malcolm , First brought in Foreign Titles of Honour into Scotland . * Mackduff , the first Earl in Scotland . * Three Grand Privileges of the Mackduff● . * Called Stra● or S●rath-Bo●y , Forty Miles North of Aberdeen . * Mackbeth's Son , slain by Malcolm . * Or Icolumb●●l an Isle 2 Miles from the South end of Mul. * Malcolm assaulted by private Conspiracies , which he overcomes . * The Story of Edmond , K. of England , and Canutus . * William the Norman demands Edgar , then in Scotland . * Whom Malcolm refuses to Surrender . * Whereupon a War 〈…〉 . Roger , Richard , Odo , and Robert , Generals for William of England , wor●●ed in Scotland . Newcastle repaired . A Peace concluded between the Scots and English. * Or , Re-Cros● , on the North-side , it had the Port●aicture of the Scots King , and of the English King on the South . * Home-bred Seditions against Ma●colm que●l'd . The Original of the Family of the Stuarts , afterwards Kings of Scotland . * Lying on the South-side of the River Dan● in Marr ▪ * Malcolm's Vow to St. Andrew . Alexander Carron , preferred and Sirnamed Scrimger . The Seditious quell'd . The Piety of Malcolm's Queen , &c. * Or , Mortlich . * Malcolm erects new Bishopricks . * Malcolm erects new Bishopricks . * Sumptuary Laws made by Malcolm . * Mar●heta Mulierum , What ? * Malcolm builds the Cathedrals of Durham , and Dumferling . * King William Rufus Wars against Malcolm . * Malcolm , and his Son Edward , slain by the English. * On the River Lian , on the British Sea , We●t of Calice . * Prodigies , viz. The Inundation of the German-Sea , and Men-killing Thunder-bolts . * Donald promises the Islands to Magnus ▪ King of Norway . * Donald flies . * Duncan slain , by the procurement of Donald . * Edgar's Pious Reign . He builds the Monastery of Coldingham . * Lying within two Miles of Aymouth in Mers● , near the Scotish Sea. Alexanders Valour . * He doth Justice to a Poor Woman . * Lying on the East-side of the Carss , or Plain , of Gowry , within two Miles of Dundee . * Lying in the Braes , or , Risings , of the Carss of Gowry , five Miles above Dundee . * Inch-Colm , or St. Columb's Isle , in the Firth of Forth , in Fife , near Aberdeen . David's just Reign . * He creates new Bishopricks . He is censured for his Profuseness towards Monasteries . * In Teviotdale . Henry of England never Laughed , after the Drowning of his Children . * K. Henry setles the Succession on his Daughter Maud , the Empress , by causing the Nobility to Swear Fealty to her , in his Life time . * Stephen , notwithstanding his Oath , seizes on the Crown of England . * His Pretensions for so doing . The Bishops of England not True to Maud , according to their Oaths . David of Scotland maintains the Cause of Maud , his Kinswoman . He lays Perjury to Stephens's Charge . North Allerton ▪ lying near the River Swale in the North-Riding of Yorkshire . He Fights the English , and Overthrows them . An Agreement between David and Stephen not observed . Which hath its Source near Black-Laws in Teesdale . The Scots overthrown by Stephen . Another Agreement between the Scots and Stephen King of England . Henry , Heir of England , sent to David his Uncle , to be made Knight by him . * King David loses his hopeful Son and Heir . * But ●ears his Affliction Piously and Patiently . * May 24. Lying on the North-west of Aberdeneshire . K. David's extraordinary Character , for Piety and Virtue . A great Pestilen●e 〈◊〉 Scotland . Somerled rises in Arms , but is overthrown . Henry of England designs against Malcolm ▪ And makes him take a Feodatary Oath to him . He carries Malcolm into France . And at his return , despoils him of his Ancient Patrimony in England . * The Scots make War upon England . Peace concluded between the English and Scots , wherein Malcolm quits Northumberland . A Rebellion in Galway quell'd . The Murray-Men under Gildominick rise in Arms. But are suppressed . * S●merled stirs agai●● but is overthrown and slain . The Estates persuade Malcolm to Marry . His Negative Answer to their Request . * December 9th . * William solicits Henry of England , for the restitution of Northumberland . He accompanies Henry into France . * Part of N●rthumberland restored to the Scots . * William enters England , with an Army . But is overthrown , taken Prisoner by the English , and sent to Henry , then in France . * August 1●th . February 1st . * K. William Ransomed and takes an Oath to K. Henry . * Not That Constance in Germany , but That in Normandy , now called Contances . * Ianuary 〈…〉 Gilchrist , King Williams General . The Scots Bishops freed from the Jurisdiction of English Bishops . Gilchrist Kills his Wife for Adultery ▪ and flys into England . But is Forced to return into his own Country . Donald Bane rises in Arms , but is quelled . Distressed Gilchrist Pardon'd and Restored . * To the Holy War , for Recovery of Ierus●lem from the Turks . * The English quit their Claim to any part of 〈◊〉 . * William sends David his Brother , to accompany Richard , to the Holy Land. David returns from S●●ia . * So doth Richard. Lex Ta●●on●● executed upon one Harald Earl of the Orcades . * K. Iohn of England meditates a War against Scotland . * But Matters are accommodated upon Terms between both Kingdoms . * Berth destroyed and new Built . Makul a Criminal abstains from all manner of Food . * Several Leagues between Iohn of England , and William of Scotland . * A Maritime Town in Normandy 〈◊〉 France . * Alexander enters England with an Army . * Iohn enters Scotland . Alexander takes Carlisle ▪ * King Iohn agrees with the Pope , and becomes his Feudatary . Cardinal Galo ▪ Ava●iti●●● . * King Iohn Poysoned . * Others say , at 〈◊〉 Abby near Bost●n in Lincolnshire . * The Scots Excommunicated . * A Stone-Cross erected in S●anmo●e in Cumberl●nd , as a Boundary between the Two Kingdoms , of England and S●otland . * Cardinal 〈◊〉 ill Character . * Pandulphus the Popes Legat , a Witness of the Peace between the Two Kings . * Roman Fraud . * C●min overthrow● Gilesp● , a Free-●oo●er . The 〈◊〉 of the ●a●thnessmen against their Bishop punished . Saturnalia . * Thomas , the Natural Son of Alan of Galway overthrown . * Alexander and his Queen Visit King Henry . His Queen dies at London . He marries to a French Lady . Biz●● offers to clear himself by a Duel . He flys to Ireland . Sumerled overthrown in Argyle . The Cumins's 〈◊〉 the Roast in 〈◊〉 , which disgusts the opposite Faction . An Embassy to England . An Interview between the Two Kings . November 24. * Alexander of Scotland made Knight by the K. of England . A Contract of Marriage between Him & Henry's Daughter . The Chancel●o● of Scotland 〈◊〉 . * Work Castle standing 〈…〉 above 〈…〉 side . A Sedition of the Nobles against Alexander . An Ancient Privilege of the Scots , not to be cite● to R●me . August 1. * Acho King of Norwey , lands with an Army in Scotland . * A Town in Cuningham , standing on the Clyde . But is overthrown by Alexander Stuart . And dies of Grief . Isle of Man recovered by the Scots . * Acho's Son , makes Peace with Alexander . * * * Ottobon the Popes Leg●●e . Another Legate , 〈◊〉 Rome . * A Town in France . * A Borough over against Leith in Lothian . * March the 19th . Alexanders Death , and Commendable Character . Idle Persons punished . Notes for div A29962-e132950 Edward of England , desires Margarite of Norway , Heiress of Scotland , as a Wife for his Son , which is yielded to . But She dyes before their Marriage . Contests for the Crown of Scotland . * The Original of the Controversie between the Baliols , and the Bruces , in Scotland . The Story of the Discords between Fergus of Galway his Children , after his Decease . Rolland's Valou● and Genealogy . October 1. * Com● Stabu●● ▪ Martha , Countess of Carrick , falls in Love with Robert Bruce . The several Pretensions of the Competitors to the Crown . Which difference could not be decided by the Scots . But was referred to the Umpirage of Edward of England . * The 〈◊〉 Case as p●opounded to Lawyers by K. Edward . The Lawyers differ in their Opinions about it . Edward decides for Baliol. * Baliol swears Fealty to Edward . * At which many of the Scots Nobles are offended . * An Interrognum in Scotland , before Baliol was made King. Young Mackduff complains to K. Edward against Baliol. Baliol disgusts Edward . He sides with the French. And withdraws his Subjection from England . Whereupon Edward War● against Scotland . He sides with Bruce . Overthrows the Scots , and takes Berwick . Grafton Censured by This Author . * Edinburgh and Sterlin . But is released by Mediation of the Pope . A Duodece●● virat in Scotland . Iohn Cumins marches into England . The Story of Wallis , Wallas , or Wallace , and his famous Exploits against the English. He is made Regent ; The chief Town of Clydsdale . And takes many Places from the English . * Or Logan . He overthrows Cressingham the English General at Sterlin Bridge . September 15. He enters with an Army into England . 1 November . 1 February . Edward returns from France to subdue Wallace . But retreats from the North without Fighting . The Scots Nobles envy Wallace for his Success . * Or Wallace Edward gives the Scots a great overthrow at Falkirk . A Conference betwixt Bruce and Wallace in the Field . Iuly 22. Wallace dismisses the remainder of his Army . The Scots , by the mediation of the King of France , obtain a Truce from Edward . The Scots 〈◊〉 in Arm● again . And overthrow the English at Roslin in Mid-lothian . Feb. 24. Edward , in revenge , enters into Scotland with a vast Army , and subdues all the Country . Wallace courted by King Edward , to come over to his Party , with his stout Answer , in the Negative . Three Miles E●st of El●in . All the 〈◊〉 S●e●r Al●e●●ance to 〈…〉 Wallace . Edward appoints Magistrates all over Scotland . Edwards Severity Cens●red . He carries the Marble Stone into England , on which the Scots King● u●ed to be Crowned . Seeds of new Troubles in Scotland . A formal Agreement between Cumins and Bruce . Which Cumins discovers to K. Edward . B●uce like to suffer for Treason , but is informed of his danger by a Wi●e , and flies by Night into Scotland . Bruce's Horses shod backward , to secure his Flight . Bruce kills Cumins , for betraying him . * Febr. 10. Wallis unworthily betrayed by his Friend , is Hang'd and Quartered by Edward . His Cha●act●r . Lying upon the River A●mon near Perth . * Iuly the 2● . * Bruce overthrown , and retires in a disguise , to save his Life . Bruce , thought to be Dead , starts out from his Retirement , and takes some Castles . * In the Braes of ●●gus , on the Head of the North-Water Esk. Cumins of B●chan 〈◊〉 again●t Bru●e . But dares not fight him . Iames Douglas joyns with Bruce . Bruce causes himself to be carried , sick , into his Army , and overthrows Iohn Cumins . * A Town in Garioch . * Iune 30th . Bruce conquers all Galway . Edward enters Scotland against B●uce , but retreats again . Bruce invades England . He takes Perth , Dumfreiz , &c. with E●inbur●h and the Isle of Man , from the English. Sterlin-Castle capitulates with Edward Bruce . Edward of England enters Scotland with a vast Army . Bruce his Policy in a Fight . * Small Engins , ordinarily round , with sharp Iron Spikes , standing out on each side of Them , so that , throw them which way soever you will upon the Ground , one Spike or other turns upward , and wounds , or pierces , the Horses Foot , that treads upon it , and thus makes him Lame and unfit for Service . * Iune●3 ●3 . The English receive a great overthrow at Banno●k , near Sterling . * Or Menteith * Or Calhound in the Country of Lennox . The Treachery of Menteith , who before betrayed Wallace , against the King , discovered . Menthet Rewarded for his Valour in Bannock Fight . Berwick take● by Bruce . The Kingdom confirmed to Bruce . Bruce desired , to accept the Crown of Ireland : He drives the English out of Vlster . Edward Bruce overthrown in Ireland by the English. October 5. An English Army worsted in Scotland . Bishop Sinclar's Valour against the English. Edward besieges Berwick . Randolfe invades England , and overthrows the Arch-Bishop of York . The W●it● Battel , 〈◊〉 ? Edward retreats upon a Truce with the Scots . Robert calls for the Deeds of Mens Lands . Whereupon he receives an Affront . A Conspiracy against Bruce discovered , and the Acto●● put to dea●● . The Scots Excommunicated Bruce invades England . Edward enter● Scotland , but soon retreats . In Teviotdale . Bruce follows him and had almost taken him in a Skirmish . * Not ●ar from Malto● in Yorkshire . And●ew B●r●ly put to Death . The Scots absolved by the Pope . And make a League with the French. The Rise of the Family of the Hamiltons , with the Occasion thereof . Edw●rd of England slain by a strange kind of Death , not without the P●ivity of his Relations . Bruce settles the Succession in hi● Family . And agrees with Baliol then in France , who consents the●eto . B●uce's Army 〈…〉 Edward makes Head against them . The Scots flying Army of Horse weary the Eng●ish to follow them . Stags , suddenly rouzed , affright the English. * The English Army highly incommoded in their march . Reparties between both Armies . Douglas breaks in upon the English Camp , and does Execution . The English Army Retreats . Cruelty to Prisoners . Iune , 24. A Peace concluded between the Scots and English , with the Conditions thereof . B●●ce's last Will and Testament . His Three Advices to his Successors , w●th the Reasons upon which they were grounded 〈◊〉 . Bruce's Vow to assist in the Holy War recommended to Douglas to perform . Bruce would have his Heart buried at Ierusalem . Douglas in his Voyage to Ierusalem assists the Spaniards against the Moors , and was there slain . Bruce his high Encomi●ms . Iuly 9 th . Notes for div A29962-e148320 Randolf made Regent , or Guardian . November 24. * Situate near the Irish Sea. He executes a Murderer , though he had the Popes Pardon . A notable Law , made by the Regent , to prevent Theiving . The Collusive Cheat of a Country Man , punished . St●ict Laws made by the Regent . * In T●v●otda●● . A Monk Poysons Randolf with a slow-working-dose . Edward marches for Scotland . Edward punishes the Monk , because his Poyson did not kill Randolf as soon as he said it would . Edward retreats . Iuly 20. Randolf's death and Character . Duncan Earl of Marr , made Guardian in Randolfs Place . August . 2. Iuly 31. Edward Baliol appears on the Scots Coast. * The Story of Twine , or Tuenam Lores●n . He stirs up Edward Baliol then in France to invade Scotland . Edward Baliol Lands in Scotland . * A Burgh on the North side of Firth●n ●n Fife , over against L●●th in ●oth●an . August 〈◊〉 . He overthrows Alexander Seaton . In Strathern● And afterwards beats the Regent Himself , making great slaughter of his men , and himself being also slain . Edward Baliol Declared King. Aug. 25. K. David Bruce , in his Minority , to secure him , sent to France . Murray made Regent by K. David's Party . A Castle standing on the North Bank of the River Ear in Strathern . Built on the side of the River Don. Perth Walls demolished . A County in the South of Scotland , not far from Northumberland . A Town in the head of Annandale , near the source of the River Annan . Baliol like to be surprized by Archibald Douglas . Dec. 25. The Brucian● prevail against the Baliolans , and Declare War against England . The Brucian Nobles divide the Provinces they were to Govern . And Declare War against Fran●● . The King of England espouses Baliol's Cause , and invaded Scotland . His Pretensions for the War. He claims Berwick . The Scots Answer to the 〈◊〉 . The English besieges Berwick * Ap●i● 13. A Capitulation with the English about the surrender of B●rwick . Iuly the 30. Archibald Do●●las made Regent by 〈◊〉 Party . He makes inroads into England . And com●● near the E●●lish Army 〈◊〉 Berwi●● ▪ Alexander Seatons Sons threatned to be put to Death , unless he surrendred Berwick His Wife incourages him , to part with his Children , rather than the Town . Alexanders Children put to Death by a S●mmum , jus as some think . The Scots overthrown near Berwick . B●●wick Surrendred to the English. Edward pufft up with hi● Success , refuses to hear foreign Ambassadors , who were sent to mediate ● Peace . Dissensions between the English in Scotland , occasion a War. * Now demolished . The Nobles Bandy against Baliol. And Baliol against them . Iohn Sterlin besieges the Castle at Loch-Leven . * A Veteri po●●e . But the Governor beats him off , and raises the Siege . Edward enters Scotland again , but retreat● , and 〈…〉 with him to 〈…〉 General , in Scotland . Robert Stuart , and Calen Cambel , rise in Arms for Bruce , and make Prosperous Beginnings . Robert Stuart and Iohn Randolf made Regents in behalf of David Bruce . In Teviotdale . April 1. A Fewd between Douglas and Cumins . Edward invades Scotland . * 〈…〉 of the 〈◊〉 Provinces . The Gueldrians , Auxiliaries to the English , overthrown by Randolfe . Randolf taken Prisoner . Cumin's large Promises to Edward . Perth taken by Edward Edward 〈◊〉 to England . Cumins left Regent by him in Scotland . In Marr. * On the side of the River Don in Marr. Cumin's Army overthrown , and himself slain . Murray made Regent . The English again enter Scotland . Standing on a Rock in the Sea. And upon their Retreat leave Ed● . Ba●iol , their General . A strong Castle in Buchan . M●rray's prosperous Succe●s●s . 〈◊〉 Cruelty . Salisbury and Aru●del Command some English in Scotland . Monfort slain by Preston . A piece of Savage Inhumanity . Talbot overthrown by Ke●th Dunbar res●ved , and the Siege raised . Murray the Regent dyes . Stuart made Regent . His prosperous Beginnings . He Sa●l● over to David , then in France . At his return he Levies an Army . Bullock turns to the Scots . Perth taken by the Scots , so is Sterlin . And Edinburgh Castle by Stratagem . A●ex . Ramsays House , the School of War. His Expedition into England . He harasses Northumberland . And takes Roxburgh . * The Earl of Salisbury taken Prisoner by the Scots , as some say . * It is 3 Miles in Compass . Three Governors of the Borders . The English driven out of all Scotland , except Berwick . * Iuly 2. K. David returns to Scotland . Edward enters Scotland with a great Army . Embassadors from Scotland obtain a Pacification . Iune 1. The Scots Nobles stock in to David . A Town in Teviotdale . Ramsay taken , and starved to Death by Douglas . Bullock put to Death . Douglas pardoned . David makes several Expeditions into England . A Truce for two Years betwixt the Scots and English. Calais besieged by the English. See p. 4. Note i. David at the solicitation of the French , enters England with an Army . Where he receives a great overthrow , and is taken Prisoner by Iohn Capland . Upon which , the English regain a great part of Scotland . A strong Pass on the Sea shore , in that Bourn which divides East-Lothian from the Me●●s . A Plague in Scotland . Bloody Feude . Douglas prevails against the English. Iohn of France , persuades the Scots to make no Peace with the English , but by his Consent . The English waste Lothian . Norham burnt by the Scots . The English drawn into an Ambush . Berwick Town taken by the Scots , but not the Castle . Edward enters Scotland . Baliol Surrenders the Kingdom to him . Edward retreats , upon which the Scots recover some of their Losses . Edward overthrows ●ohn of France in Aquita●n , and hath two Kings his Prisoners at one time . 〈◊〉 Bruce , ●●eased upon p●ying a great Ransom , wherein the Pope assists the S●●ts . David settles the Succession , first on Alexander , and then on Robert Stuart . Great Inundations of Water endammage Lothian . A Grievous Pestilence . Eight Prudent Persons , chosen out of all the Orders , to prepare Matters for that High Court. Davids unacceptable Propositions to the Scots . Davids Policy to subvert the Islanders . His Death and Character . William's Son , Marries Eufemia , the Kings Daughter . August 11. New Discord● betwixt the Scots and English. Lilburn overthrown . A Town in the Merss , six Miles Northwest from Berwick , Iohn Scotus born at Duns . Percy enters Scotland . They run from the Scots Sea to 〈◊〉 and divide 〈◊〉 from Lothian . Perc●'s Horse are affrighted with rattling Instruments , and 〈◊〉 The 〈…〉 Robert upon his Queens decease . Marries Elizabeth More , by whom he had Children before , whom he prefers to great 〈◊〉 Edward the Third dies , and his Grandchild Richard the Second succeeds him . Ambassadors from Charles the Fifth , to Scotland , to s●i● them up to War against England . Berwick Castle surprised by Ramsay , but regain'd by Percy . Iames , the First Earl of Douglas , enters England with an Army . * In Cumberland . A Pestilence in Scotland . Talbet overthrown in Scotland . A Truce between the Scots and English for three Years . Quatuor nummos Ang●●co● . A Rising of the Commons in England , at the Instigation of Iohn Ba● a Priest. Lancaster , the English Embassador in Scotland , denied entrance into Berwick . Loch-Maban Castle taken by the Scots . unbar surprizes the Governor of Roxburg . Lancaster enters Scotland . He favours the Edinburgers . But is put to a Retreat . Douglas prevails in Scotland , he dyes , and his Son William succeeds him . A Truce made for a Year , between French , English , and Scots , which the French were to acquaint the Scots with . The English enter Scotland , before Notice is given them of a Truce made . Some Scots Nobles also invade England , before the Truce is Proclaimed . Richard II. enter'd Scotland with an Army . Whereupon the Scots enter England . They both return home . The French and Scots quarrel ●bout the Bears Skin , before he was catcht . French Soldiers more licentious than Scots , or English , which occasions a disgust betwixt them . The French Army leaves Scotland , but their General is retain'd to satisfy damages . Nov. 1. Will. Douglas sails into Ireland . And takes Dundalk . * A Town on the North side of the Nith , a Mile about Drumlanerick in Nithisdale . * A Sea Town in the County of Louth and Province of Vlster , in Ireland . And returns from thence . The Scots enter England 〈◊〉 Against the mind of Robert and his Son. Aug. ● . An English Spy in the Scots Army discovered . The Scots Army divide themselves to attack England . Douglas , in Northumberland , encountred by Percy . A Duel between Earl Douglas and Earl Percy . The Scots march to Otterborn . A terrible Fight between the Scots and English , under Percy and Douglas . Hart slain , And Douglas mortally Wounded . His Three last dying Requests Ralfe P●rcy 〈…〉 . The English overthrown . Lindsay takes Redman Prisoner , and releases him on his Parol . Courtesy to Prisoners . The ancient punishment of Prisoners not returning upon their Parol . The Bishop of Durham comes too late to Assist Percy . The Bishops Forces terrified with the Sound of Horns , and Retreat . Lindsay's Kindness to Redman requited by him . Ralfe Percy released on his Parol . Henry Percy Ransomed . Douglas buried at Mulross . Both the Scots Armies lament Doug●a● . Iuly 21. Robert Earl of Fife made Governor of Scotland . Earl Marshal vaunts over the Scots . Whereupon Robert enters England , and returns with a great Booty . A Peace between France and England . Robert assents thereto on his own Head. * Lying on the River Irwin . Apr. 19. Roberts Death and Character . Alexander Earl of Buchan , burns Elgin Church . William Douglas slain at Dantzick by the procurement of Clifford of England . * Or , Prussias A noted Ma●t Town of great Trade on the Wesse● , acknowledge the King of Poland for Protector . Notes for div A29962-e168310 August 1● . Robert the Third , his Name changed from Iohn . Duncan Stuart rises in Arms but is suppressed . A notable Policy to divide the Islanders , and make them Instruments to destroy one another , which takes effect accordingly . Dukes First made in Scotland . E. Douglas refuses that Title . Richard the Second of England , resigns his Crown ; and Hen. the Fourth succeeds him . Difference in Scotland , occasioned by the Marriage of the King's Son. Dunbar joyns with Percy , and infests Scotland . Standing upon Tine , 3 Miles below Hadington . The Death of Archibald Douglas . August 13. Henry of England Enters Scotland , Carries it Moderately , And Retreats . * A Castle over against Holy-Isle , in Northumberland . The Scots overthrown by Percy and Dunbar at Homeldon . May. 7. Co●●●aw-Castle besieged by the English ▪ but they raise the Siege themselves . Arch Bishop Tra●●e an observer of Ancient Discipline . David after his Mothers decease , le ts loose the reins to Licentiousness . David most cruelly starved to Death by his Uncle Robert. Scituate at the North bottom of Loc●-Lomond near the Centre of Fife . The Governor of Fa●k●and's cruelty to his own Daughter . Douglas joyne with Percy , against the K. of England . Having Performed valiantly in a fight he is taken Prisoner , and after ransomed Robert accused for Davids Death . Undergoes a partial Tryal , and is Acquitted . King Robert imprecates God's judgment on the Murderers of his Son. Iames , the K. Son , for security , sent into France , but Landing in England is detained There . Dispute 〈◊〉 King 〈…〉 , concerning the Detention , o● Di●mission , o● Iames. Iames well Educated in England , yet his Captivity breaks his Fathers Heart . April 1. Robert's Death and Character Robert , his Brother , made Regent . Percy overthrown , and flies to Scotland . Henry of England invades Scotland . Dunbar returns to Scotland . Percy betrayed by Rokesby his pretended Friend , and put to Death . A Supposititious Prince . Standing on a Rock above the Firth , of Forth , near St. Eb●s Head , in the Merss A County lying on 〈◊〉 River St●a●-Bogy , 40 〈…〉 A●●rdeen . * In Murray . A Cruel Fight between Donald and the Governour . The Erection of St. Andrews University March 21. Henry the 4 th Dyes , and Henry the 5 th●●●●ceeds ●●●●ceeds 〈◊〉 Percys Posterity restored to their Dignity . Council of Constance send Ambassadors to Scotland , so doth Peter Lune , Anti-Pope . The King of France distracted . Divisions in France . A County of France , lying on the River Carus . The French King craves Aid of the Scots , which is sent him under the Command of the Earl of Buchan . The Scots Auxiliaries Land in France . Is overthrow● by them , And slain . Buchan made Lord High Constable of France . September 3. Robert dies , and his Son Murdo made Governor of Scotland . Buchan returns to Scotland , but is recalled to France . Douglas made Duke of Turein . Earl of Bedford sent by Henry into France , who carries with him Iames I. King of Scotland . A Chief Town of the County o● B●●e in France , situated near the Matrona . A Town in , or near Normandy . A Chief Town of the County o● B●●e in France , situated near the Matrona . A Town in , or near Normandy . A large Country about Orlean● , on the 〈◊〉 . The Sc●ts overthrown in F●ance 〈…〉 English , and their Chief 〈…〉 . Reflections on some English Writers . Fond Indulgence to Children , justly punished in a Father . The Scots send for King Iames the First , out of England . Who returns upon a Ransom . May 27. April 20. 〈…〉 Scotl●nd , ●bout 〈…〉 The King remits one halfe of his Ransom-Tax . Several Scots Nobles imprisoned . Others 〈◊〉 to 〈◊〉 Murdo brought to his Trial. The Ancient manner of Trying Nobles in Scotland . Murdo , &c. found Guilty , and Beheaded . Embassadors from France to Scotland , about Peace and a Marriage . K. Iames the First , his prosperous Beginnings . Free 〈◊〉 punished by the King. Alexander the Islander , ●ise● in Arm● But is suppressed . * Easter . And submits to the Kings Mercy . Donald B●l●ck makes an Insurrection . But is quelled . Tories fall out among themselves . Mackdonald a Free-booter . His Cruelty to a Woman , Retaliated on himself and his Followers . Donald's Head sent to the K. from Ireland . The King reforms Publick Manners . He also rectifies Weights and Measures . His Queen brings forth Twins . Do●gla● and Kennedy released from Prison . He reforms the Ecclesiastica● Estate ; Which was Wofully degenerated and corrupted . He Erects Publick Schools , and is present himself at their Disputations ▪ Parish Priests and Begging Friers the Causes of the Decay of Ecclesiastical Discipline , with the Manner , how . King Iames aims to prefer only Worthy Persons to Benefices and Church Preferments . He invites Tradesmen out of Flanders . Luxury and Prodigality , the trust of Idleness . Robert and Murdo affect the Throne . Murdo and his Sons put to Death . The 〈◊〉 of 〈◊〉 and his Exploits . Exceptions taken against Iames. A Castle standing upon the T●ne , 3 Miles below Hadington . The Dispute between Robert's Legitimate , and Natural Children , occasion great Troubles . The Earl of Athol's Ambition . A Town of Normandy in France . Plots against Iames. Upon the Account of Wardships &c. Embassadors from France and England , to Scotland . The Scots joyn with the French against England . Iames Marries his Daug●●●● 〈◊〉 to 〈◊〉 o● France , and sends her thither . A Stately City on the L●●r . The English Writers imputing Perfidiousness to Iames , are blamed by this Author , and their Reflections upon him Wiped off . In Champaign in France . A Fight between the S●●ts and Eng●ish . Iames enters England , but retires upon notice of a Conspiracy formed against him by his own Kindred . K. Iames Cruelly Assassinated . His Death highly lamented , with his Laudable Character . Earl of 〈◊〉 ▪ and other of Iames's Murderers Tortured and Executed . Descants upon such severe Executions . Notes for div A29962-e180500 March●7 ●7 . Alexander Levingston made Regent . William Creigton made Chancellor . Douglas labours to imbroil things . The R●gent and Chancellor dis●gree . The Queen , by Policie , get the Kings Person out of the Chancellors Power . * Situate below ●anton Bridge , on the Ti ne , in 〈◊〉 - Lothian . The Chancellor highly accused , And besieged in Edinburgh Castle . The Chancellor craves Aid of Douglas , But receives an affronting Answer from him . Whereupon he agrees with the Regent , And s●rren●ers up Edinburgh Castle . September 29. Lying on the River 〈◊〉 in Cuningham . Iuly 9. Deadly ●ewds . The 〈◊〉 of Archiba●d Doug●as With the Profuseness of his young Heir . * Or L●ther , a great and ancient Family in Lothian . The Queen , with her Husband , Iames Stuart , and others , committed to Prison . August 2. August 31. But she is Releast again . The Aebudians ravage the Continent . A Two years Pestilence in Scotland . The R●gent and C●●●cellor again Disagree . The Chancellor surpr●zes the Kings Person . The Regent being out-Witted by the Chancellor , inwardly frets . And Meditates a Reconciliation with him . His Condescending Ha●angue to the Chancellor . A New Knot of Amity between the Regent , and the Chancellor . The Miseries of the Commons , Occasioned Principally by the Earl of Douglas . Where he and his Brother David were slain . William Douglas Marries Beatrix his Uncles Daughter . The high 〈◊〉 o● Thieves . Dunbarton Castle twice surprized . King Iames , being of Age ▪ enters on the Government . Douglas throws himself at the Kings Feet , acknowledges his Offences , is Pardoned , and Received into Favour . The Regent and Chancellor lay down their Offices . Douglas by his Power at Court , summons them to Appear . They excusing themselves , are declared publick Enemies . * O● Forester . In Mid-Lothian , two 〈◊〉 West of Edinburgh . A Town on the River 〈◊〉 West-Lothian . A Castle standing on a Rock , lying near the Firth of For●h , above Abercorn . Creighton , late Chancelor , defends himself by force . Douglas incensed against Creighton's Friends . The Clans of the Lindsys and Ogilbys Fight . Ian. 24. The Lindsys prevail . Iuly 15. Creighton received into Favour , and is made Chancellor again . Deadly Fewds betwixt particular Persons and Families . An Abby in Lenn●x . A Castle standing upon Tine , near Hardington . Douglas attempts the Levingstons ▪ of whom , Iames is put to Death . &c. Creighton sent Embassador to France . The Bishop of Glasco frightned by a Voice from Heaven for his wicked Life , which does him to Death . Iames Kennedy retires from a Corrupt Court. Dunbar , E. of Murray Dies , and Archibald Douglas succeed● 〈◊〉 . A Barony ●●ing on the 〈◊〉 Spey . The immoderate Power of the Douglas's , e●poses them to Envy . The Miserable Estate of the Commons under Douglas . Mutual Incursions betwixt the Scots and English. Or Sa●s . The English overthrown by the Scots . A Truce between the Scots and English. Iames Married to Mary of Gelderland . Colvil put to Death by Douglas . Douglas goes vain-gloriously in a year o● Iubilee to Rome . In his absence , his Enemies sue him , and 〈◊〉 Damages for wrong● received . Which are answered out of his Estate . Douglas at his return from Rome , received into Favour . And made Regent . Douglas gives Iames new occasion of Suspicion . Douglas design against Creighton's Life . 〈◊〉 de●ends himself 〈…〉 . Douglas joyns with Craford and Ross. He provokes the King , In the Case of Herris , And Macklan . Douglas , on safe Conduct , comes to Court. Where the King Stabs him with his own Hand . M●rch 27. Whereupon , the rest of the 〈◊〉 rise in Arms. The Douglas●● proclaimed publick Enemies . Iames Douglas Marries his Brothers Wife . A Famine and Pestilence in Scotland . Douglas persuaded to a Reconciliation with the King. Which he refuses . Craford forsakes Douglas , and is pardoned by the King. Douglas applys to England for Aid , but in vain . H●milton 〈◊〉 Douglas . * Standing upon N●●th-Esk in Mid-L●thi●n , 4 Miles above Da●keith Iune 5. Douglas joyns with the Enlish , and then with Donald the Islander . Douglas's Wife forsakes him , and 〈◊〉 to the King. Lying on the River Sp●● . So doth Donald's Wi●e ▪ too . In Mid-Lothian . Thornton put to death for Murder . The death of Will. Creighto● A Party of English wor●●ed in Scotland . Donald the Islander submits to the King. The English Nobles crave Aid of Iames , against Henry their King. He marches to their Assistance , but is diverted by a Counte●feit Le●at from Rome . Iames takes Roxborough Town . And besieges the Castle . Where he is casually slain . The Queen shews Herself a virago , immediately after her Husbands Death . Roxburgh Castle Surrendred and Demolisht . Iames II. his Character . Notes for div A29962-e190860 Iames III. begins his Reign about 7 years of Age. Henry of Enggland , taken Prisoner by the Duke of York . York overthrown by the Queen . So is Warwick The Queen overthrown , and flies wit● her Husband into Scotland . Berwick surrendred to the Scots by King Henry . Henry's Queen sues for Foreign Aid . * Or Renny . Which having obtained , 〈◊〉 enters Scotland and England again . Holy-Isle , seven miles South-East of Berwick , on the Coast of Northumberland . Henry's Army overthrown at Hexham . Alnwick Castle besieged , and Douglas's gallantry in bringing off the Garison . Henry of England taken Prisoner , and his Queen 〈◊〉 . Disputes in the Assembly of Estates about the Regency . Which the Queen claim● . But Kennedy and Douglas oppose . A Truce for a Month betwixt the Parties . The Commonalty dislike the Queens Regency . The Queens Plea for the Regency . Kennedys Grave and Prolix Oration , in Answer thereunto . Queen of Palmira , a City in Syria , now called Faid . The Parliament Gra●ity neither Party fully , but chuse Regents , of which the Queens Friends are an equal Number with the rest . A Truce with England for 1● Years . The Queen Mothers Death . Intestine Commotions in Scotland . By Alan of Lo●n , And Donald the Islander . * Or , Redshanks . Donald takes the Earl of Athol Prisoner ; pillages and burns St. Brides Church . He is Shipwrack●d , and the●eupon fal●s distr●cted . Iames Kennedy his commendation . The Boyds c●eep into Favour at Court. Alexander Boyd abuses Kennedy . The Boyds carry the King to Edinburgh . Whereupon the Kennedies depart from the Court. Boyd's Sarcasm to Iohn Kennedy . Kennedy's Death , and Character . * Patrick Graham Elected Bishop of St. Andrews , in the room of Iames Kennedy , and Confirmed by the Pope . But the Boyds obstruct his Admission . Scots Bishops freed from the Jurisdiction of the Arch-Bishop of York , by the Popes Decree . The Boyds strengthen their Faction , and procure Pardon for their Mis●a●iage● , by Publick Instruments , to which the King assents . Robert Boyd made Regent . Thomas Boyd Marries the Kings Eldest Sister . The Greatness of the Boyds occasions their Ruin. James by his Ambassadors desires Margarite Daughter of the King of Denmark for a Wife . The King of Denmark resigns up the Orcades and Sche●land to the Scots , as a Dowry . Thomas Boyd , sent Ambassador to bring the new Queen from Norwey . The Boyds undermined in the absence of Thomas . Robert Boyd flies into England . Alexander Boyd Beheaded . A Critical or Ambiguous Pardon . Thomas Boyd declared a publick Enemy in his ●bsence . Who thereupon retires into Burgundy . King Iames Married to Margarite of Norwey . * A Town on the River Irwyn in Cuningham . Thomas Boyd's Wife divorced f●om him , and Married to Iames Hamilton . Boyd's Death . Bishops anciently chosen by their Canons , and Abbats by their Monks . B●t King Iames assumes the naming of 〈◊〉 to himse●● . Which Patrick Grah●m labo●rs to withstand ▪ But the Court-brokers ●ppose him . The Story of William Sivez , and his worming of Graham out of the Archbishop●ick of St. Andrews . Patrick Graham Excommunicated , and his Rents gathered into the Kings Exchequer . Situate upon the Head of Monks-Moor Five Miles North of Falkland . 〈…〉 of his B●shoprick imprisoned till 〈◊〉 Death , and hi● Adversary Sivez succeeds him . A Town four Miles above Queens-Ferry in Fife . Iohn the Islander rises in Arms , but quickly submits himself . Iames Kennedy built a vast Ship , which is rifled by the English ; but upon a Peace made by Embassadors , he receives satisfaction . Embassadors to Charles of Burgundy , who soon after was slain at Nants by the Switzers . One Andrews an Astrologer and Physician , foretels K. Iames's Death . K. Iames degenerates into Tyranny . Iohn , the Kings Brothe● , put to Death . And A●exander impri●oned . But he make● his Escape to Dunbar , and then to France . Dunbar Castle deserted , and taken by the Scots . Peace between the Scots and English ; wherein it was agreed , That Cecily , Edwards Daughter , should Marry Iames's Young Son. But the Peace is soon broken , and an Army Marches into England . * In Lauderdale . Douglasses Oration to the Nobles in the Camp , against the King's Evil Counsellors . Cockran and the Rest of the Evil Counsellors dragg'd out by an Incensed Army to their Deaths . Their Crimes Objected , were , Brass-Money Coyned , Their Ali●nating the King's Heart from the Nobility , with 〈◊〉 Incouraging of him in Magical A●ts , and Exciting him to Cruelty against his own Flesh and Blood. The Scots Army disbanded . An English Army under the Duke of Glocester , and Alexander the Kings Brother , enters Scotland . The S●ots Nob●●●ty raise an Army ; Yet , mediate a Peace by their Agents . Reparties between both Armies . * Near Hadington in 〈◊〉 - Lothian . Alexander is reconciled to the King , returns into his own Country and is made Regent . Be●wick Cast●e surrendered to the Eng●ish . The intended Marriage be - Iames's Son , and Edward's Daughter , Null'd , and the Dowry repaid . Alexander disgusted , condemned , and flees to England . Creighton condemned , with the Reasons , why ? Edward of England dies , and his Brother Richard made , first Protector , and then King. A Scuffle in Scotland . On the North-side of Fife , upon the Rive● Tay. A Truce between Richard of England , and the Scots . Richard of England 〈◊〉 , and Henry the 7 th 〈◊〉 him . Dunbar-Castle surrendred to the Scots . A Truce between the English and Scots for 7 Years . The Death of the Queen of Scots , and of Alexander the King's Brother , who left Two Sons behind them . The King again addicts himself to Evil Counsellors , Iohn Ramsy ; &c. The King labours to cajole some of the Nobles , by Honors . He discovers his Design against the Nobles to Douglas . Who dissuades him from such Cruelty . The Nobles Arm against the King , and chuse the Kings Son for their General . A Temporary Agreement . The Nobles insist on the Kings resigning of the Crown . The King sends Embassadors for Foreign Aid . A Battel between the King and the Nobles , where the King is slain . The Character of james III , And of the Foreign Princes his Contemporaries . Notes for div A29962-e201220 Wood's Constancy to King Iames the 3 d. On the North-side of Forth , 2 Miles below Sterlin . Andrew Wood reconciled to K. Iames the 4 th . He fights the English Fleet , & overthrows them . Some of the Scots Nobility combine against the new King's Party , But are overthrown . * Off the Point of Fife . The manner of the Fight between Andr. Wood and the English Admiral . Wood's second Victory over the English. A strange Monster . K. Iames the 4 th his first Parliament . ‖ A Castle lying 4 miles South off F●r●ar in Angus . * The Commendation of Iames the 4 th . His Clemency . His sorrowful Resentment for his Fathers Death . Peter Warbeck ( some call him Perkin ) comes into Scotland . His Story . * A Town in Flanders , standing on the Bank of the S●●●ld . † A Gallo-Belgick People possessing 〈◊〉 . Warbeck set up by Margaret Dutchess of Burgundy . Warbeck's feigned Harangue of himself . The Scots Council cajol'd by Warbeck . K. Iames marries Katherine Gordon , his Kinswoman , to Warbeck , and assists him with an Army against England . K. Iames begins to smell out Warbeck's Cheat. Henry of England prepares an Army against Scotland . An Insurrection in England , prevents K. Henry's Design against Scotland at that time . K. Iames invades England , but to little purpose . * In the Mers on the River Aye , a mile above Aymouth . An Embassador form Spain to England . Who mediates a Peace between Scotland and England . * The chief Town in Tividale , standing on the West of the River Ied . Warbeck dismist out of Scotland . Taken and hanged in England . A War like to arise on a small Occasion betwixt England & Scotland ; but accommodated by Fox Bp. of Durham . * Mulross in Tiviot-dale on a bare Promon●ory on Tweed side , three Miles below its confluence with Gala. A Conference between King Iames and R. Fox Bp of Durham , concerning the Marriage of King Henry's Daughter Margaret to Iames. Which took Effect . A vast Ship built by King Iames. Wardship a Badg of Slavery . Recognition , what ? Wardship disused . K. Iames's resolution 〈…〉 Ierusalem . The execution of it prevented , and how . * On the North-west of Spain , in the Cantabrian Ocean . Henry of England wars against France . Andrew Forman sent into England by Iames to pick a Quarrel . And from thence into France . Hamilton sent with a Fleet to France , but turns to Knockfergus in Ireland . Hamilton , at last arrives in France . * Little Britain lying in the Chanel on the Northwest of France . Robert Car severe against Moss-Troopers . He is slain . † Standing on a Rock above the Firth of Forth . * In Northumberland . The Murderers of Robert Carr escape not unpunished . The Story of Andrew Breton . A sharp Fight between the English Admiral and Breton , where Breton was slain . K. Iames complains to Henry of Breton's Death . Alexander Hume marches with a Party into England ; But is worsted in his Retreat . K. Iames resolves a War against England . The pretended Causes of the War. K. Henry's Answer to King Iames's Herald . A strange Apparition , of an old Man forbidding K. Iames to proceed in his War with England . * A place near Cowper , in Fife . Yet he proceeds and enters England below Ouler in Northumberland . The English challenge him to give them Battel . The French Embassador presses Iames on to a Battel . * In Northumberland . K. Iames resolved to fight . Which Earl Douglas disswaded him from in an Oration . Repartees between the King and Douglas concerning a present Fight . Earl Douglass in discontent retires . * Or Floddonhill , lying between the Town of Ouler and the River of Tweed . † In Northumberland , on the North side of the River Blico , three miles above Stannington-Bridg . ‖ Or Milfeild . Flodden Fight , and the Manner of it described . Various Reports concerning K. Iames's Death . Howard Earl of Surrey , General against the Scots at Flodden , falls afterwards into Disgrace . The Character of K. Iames the Fourth . Scots Nobility , all anciently had Skill in Chirurgery . Iames the 5 th , of about 2 years old , proclaimed King. The Ambition of Alexander Hume . * Q. Margaret the first Female Regent , in Scotland . She loses her Regency by her Marriage . Three Competitors for the Archbishoprick of St. Andrews , Douglas , Hepburn and Forman . * Lying within two Miles of Aymouth in the Merss , near the Scotish Sea. The Nobility divided about choosing a Regent , in the room of Q. Margaret . * Iohn Duke of Albany , then in France , chosen Regent . † A little Town in Cuningham , standing on the Firth of Clyd . Notes for div A29962-e211990 Iohn Duke of Albany , the new Regent , arrives in Scotland . Peter Muffat , a noted Robber , punished . * Hepburn insinuates himself into the new Regent . Douglas , Hume , and Forman , accused by Hepburn , as the Three ●eads of the then Factions . * Hume . * Hume , in discontent , applies himself to the Queen and Douglas . * Hume's Design disappointed . Three Governors over the young King , the Queen and Douglas being displaced . * Hume , the Queen , and Douglas , fly into England ; But , upon Reconciliation with the Regent , return home again . (a) Alexander Hume raises an Insurrection , But submits , and is made Prisoner . He escapes , and creates further Disturbances , But is quelled , with his Party . Both the Hume's come to Court , Are imprison'd , Tryed and Executed ; (c) Chiefly by the Instigation of Iohn Hepburn . (d) Andrew Car escapes out of Prison . The Regent desires leave to pass over into France . * He appoints seven Deputies to govern , in his absence . (f) Q. Margaret returns to Scotland . * Or Inse-Garvy , a fortify'd Rock lying in the middle of the Forth , or Scotish Sea. (g) A Town in the Merss , a mile west of Duns . (h) Wederburn in the Merss . (i) Darcy slain by David Hunt. (k) Discord between Douglas Earl of Angus , and Andrew Car. (l) Archibald Douglas surrenders up his Government . (m) The Western Nobles conspire to apprehend the Earl of Angus . (n) But he defends himself by force , and worsts them . (o) The Regent , after 5 Years absence , returns from France . * In Mid-Lothian . (p) The Regent raise an Army against England ; (q) But the Nobility oppose his Design . Whereupon he claps up a Truce with the English , and r●treats . The Regent , a second time , goes into France . A Skirmish between the French and English Flee●● . The Earl of Surry with an Army ravages over part of Scotland . Iedburgh taken by the English. A strange Fright among the Horses of the English Army . The English Army retreats . The Regent arrives in Scotland from France , a second time . Q. Margaret , with her Brother Henry the 8 th of England , persuade the Scots to break with the French , with their Arguments to inforce it . But the French Faction in Scotland oppose in , with their Reasons . Cardinal Woolsy a self-ended and ambitious Statesman . * The Regent again marches with an Army into England , † Besieges Werke-Castle , is repulsed and retreats . ‖ Werke-Castle described . * In the 〈◊〉 near 〈◊〉 - Castle . * The Regent undertakes his third Voyage into France . ‖ In his absence the young King enters upon the Government ; * And vacates the Regents Power . † Margarite's Husband , returns from France , through England , into Scotland . ‖ He , with his Partisans , seize on the young King , and manage the Government . * Three Moderators of the Kingdom , Douglas , Stuart and Cambel . † But Douglas soon ou●● the other Two. At which , the Nobility is much discontented , and endeavour to take the King , by Force , out of his Hands . * Walter Scot overthrown by the Douglasses , in his Endeavours to free the King. ‖ Iohn Stua●t , Earl of Lennox , with the King's Privity , renews the Design of redeeming the King from the Douglasses . * A Mile above the Bridg near Linlithgo . ‖ Lennox fights with the Douglassians and Hamiltonians , is worsted and slain . Great Severity used by the Douglasses against Lennox's Party . * The couragious Answer of Hugh Kennedy , in behalf of Gilbert Earl of Cassils . The bold Attempt of an Under-Groom , to destroy Iames Hamilton , in Revenge of his Master's , the Earl of Lennox his Death . The Groom apprehended and tortured , yet dies very resolutely . Patrick Hamilton , nobly descended , put to Death upon the account of Religion . * The strange Death of Alexander Cambel , the self-condemned Persecutor of Patrick Hamilton . * The King frees himself from the Douglasses . * Or Falcoland , about the middle of Fife . The Douglasses forbidden , by Proclamation , to intermeddle in the Government . New Officers at Court. ‖ August 26. * In East-Lothian , opposite to the Bass-Isle . † In Sterlingshire , not far from To● wood . ‖ The Douglasses arm in desperation . * In Lothian . † About four Miles South of Dalkeith . ‖ November 21. * A Town lying in the Firth or Forth in East-Lothian , four Miles South of Dunbar . † Tantallon-Castle besieged by the King. ‖ In the Author it is Tantallon , but , I judg it to be a Mistake of the Transcriber for Du●bar . * The Siege of Tantallon raised . † Within two Miles of Eymouth , in the Moss . ‖ The Douglasses forced to fly into England . * Embassadors from England to piece up an Accommodation between King Iames and the Douglasses . † In Twidale . ‖ Iames Earl of Murray , and the Earl of Northumberland , meet to settle Matters betwixt the Borderers . * April 15. † In Teviotdale . Iohn Armstrong with many of his Followers hanged . ‖ The strange , and ( seemingly ) miraculous Fast of one Iohn Scot , for many weeks together , with his Story . Thomas Doughty a great Cheat. Fifteen Judges with Salary , appointed to decide Controversal Matters in Scotland ; But quickly disused . * The English make War upon Scotland . † Upon the River Esk. ‖ The French Ambassador mediates a Peace between the English and Scotish Kings . * Iames transacts with the French King , and afterwards with the Emperour , about a Match ; † Which the Hamiltons labour to hinder . ‖ The chief City of Normandy . * Three Maries offered by Charles the Emperor , to King Iames , out of which to chuse a Consort . † King Iames visits the Orcades , and other Isles of Scotland . ‖ Lutherans severely dealt with . * Mary of Bourbon offered by Francis as a Wife to Iames. † Henry of England sends Controversal Books of Divinity to Iames , by his Ambassadors . ‖ Ambassadors sent by Henry to Iames , desiring an Interview , which was agreed to ; Tho afterwards disappointed upon several pretences . * Henry takes the disappointment of the Interview in great disdain . King Iames sails over into France , And marries Magdalene , that King's Daughter ; Who died soo● after . Mourning-garments when , and upon what occasion , first used in Scotland . Ambassadors sent over into France to fetch Mary of the House of Guise . Earl of Bothwel banished . Iohn Forbes condemn'd for Treason ; 'T was thought unjustly . The Lady Ioan Douglas , &c. accused for conspiring to poison the King , For which she suffers Death , being burnt alive . * Mary of the House of Guise , arrives in Scotland , and is married to K. Iames. † In the East-corner of Fife . ‖ Troubles in Scotland about Religion . * George Buchanan , the Author of this History , imprisoned for the same cause , but makes his Escape . † Queen Mary brings forth a Son , and the next year another . * Ambassadors from England , to desire an Interview at York . Which the Faction of the Ecclesiasticks prevent . ‖ Iames Hamilton set up for a Judge against Lutherans ; But prevented from executing his Commission ; Imprisoned , Tried , Condemned , and put to Death . King Iames presaging Dream . * His two Sons depart this Life . Henry of England , being affronted about the Interview , prepares War against Iames ; And sends an Army against him , commanded by Howard , his General . The Nobility of Scotland refuse to fight against England ; which moves Iames's Passion against them . * Standing upon the Tweed , 14 Miles above Berwick . K. Iames sends an Army into England , Which is defeated . The overthrow of his Army breaks his Heart . K. Iames the 5 th his Character . Notes for div A29962-e227100 Cardinal Beton suborns a false Will of King Iames , therein nominating himself with three Assessors to he Vice-geren●s of the Kingdom . Hamilton opposes the Cardinal . Scotish Prisoners and Exile . released , and dismissed at London , and the Reason , why ▪ * The Cardinal's Cheat discovered , and thereupon Iames Hamilton , Earl of Arran , chosen Regent . † Sir Ralph Sadler sent Ambassador to Scotland , to treat about a Match for the young Queen with King Henry's Son ; But is affronted by the Cardinal and his Faction , upon colourable pretences . The Decree of the Council of Constance forbids Faith to be kept with Hereticks , as the Reformed are by them called . † Kennedy Earl of Cassills , his just Resolution to return ( like another Regulus ) into England , to redeem his Hostages , highly praised and rewarded by Henry of England . ‖ Matthew Stuart , Earl of Lennox , sent for out of France into Scotland , to ballance the Hamiltons . * Kirk-Liston , lying on the North-side of the River Annand , that divides Middle and West-Lothian . An Agreement made between Hamilton and Lennox . The Regent recants his Opinions , as to the Reform'd Religion . Lennox was promised to marry the Queen , but afterwards illuded by her and the Cardinal . Upon which he retires , and rises up in Arms , and from Glascow marches to Leith ; But was forc'd to capitulate with the Regent , at present . Henry of England makes War upon Scotland , Burns Edinburgh , &c. and retreats . Lennox labours to justify himself to the French King , against the Calumnies of the Queen and Cardinal . * Or , Grampius . Glasgow Castle taken from Lennox , by the Regent . Lennox and Cuningham worsted by Hamilton . Lennox flyes into England , where he marries Margaret Douglas . The English enter Scotland with an Army , and garison Coldingham . The Regent raises an Army , but retreats shamefully . The vain boast of Evers and Laiton , two English Cavaleers . The Regent , by the advice of Angus , raises a party to oppose the English , In Teviotdale : * The English , being overconfident , are worsted , principally by th● Valour of Norman Lesley , and Walter Scot. * The Family of the Frasers almost like to be quite extinguish'd . † The French assists the Scots with some small Force . * Hadington a Town in East - Lothian , twelve Miles South of Edinburgh . The Scots march'd into England with an Army , But again retreat . Lutherans cruelly punish'd . The ignorant Priests though● the Book of the New Testament was written by Martin Luther . * Or Ruthven . ‖ Kinfans is two Miles East of Perth , on the North of Tay. The History of Wiseheart's Persecution by Cardinal ●eton , and his Ecclesiasticks . ‖ The Cardinal desires a criminal Judg against George Wiseheart . But David Hamilton of Preston ( a Village in East - Lothian ) persuades the Regent no● to grant one . † The Regent not satisfied to proceed against George ; Whereupon the Cardinal proceeds against him , by his own Authority . Wiseheart's pious and Christian Leportment before his Death . Wiseheart's Prophecy , at his death , concerning the Cardinal's Fall. The Martyrdom of George Wiseheart . The foul Character of Cardinal Beton . Norman Lesly , with a few Partisans , surprises the Castle of S. Andrews , and kills Cardinal Beton , accord-to Wistheart's Prophecy before-mentioned . Those that slew the Cardinal , ● thosummoned , yet refuse to appear . * November 5. The Murderers of the Cardinal not reclaimed by the preaching of Iohn Knox. The English invade Scotland . † A small River in Ewsdale . The Regent marches against the English . ‖ Or Lang-hope , lying near the Conduence of the Rivers Esk and Ewes in Ewsdale . * St. Ebbs Head on the Mouth of the Forth in Merss . St. Andrews Castle taken by the Regent , with the Assistance of the French. The English enter Scotland , and repulse the Regent's Forces . † Two Miles East of Musselborough in East-Lothian . The English send Letters to the Scots , persuasory to Peace , Which being rejected by the Regent , He gives them Ba●●el ; But receives a great Overthrow . † Brockty , standing on a Rock , on the A●gus-side of Tay , 2 Miles below Dundee . The English retreat out of Scotland . The English again enter Scotland , And overtrow a Party of Scots commanded by Iames Douglas . 〈◊〉 of France●ends ●ends Aid to the Scots . The Queen of Scotland sails into France . Hume and Fascastle , garison'd by the English , are surprized by the Scots . ‖ Standing on the Firth of Forth in Fife . The English Seamen landing in Scotland in two places , are twice repulsed . Hadington besieged by the Scots , but relieved by the English. A Mutiny between the French and Scots at Edinburgh . The design of the French to surprize Hadington , disappointed . The French disgusted by the Scots , for their Cruelty and Oppressions . Dessius Commander of the French recalled from Scotland , and Termes sent to succeed him . Dessius takes the Island Keith from the English , before his Departure . Hadington deserted by the English. An Agreement between the French and English . The Regent's Government disrelished , especially after the Martyrdom of George Wiseheart . Notes for div A29962-e237570 The Queen Dowager sails for France . * A Monastery 4 Miles North of Irwin , near the Irish Sea in Cuningham . The Regent , by Directions from France , persuaded to resign his Government ; Which he doth afterwards , upon Terms . * In Renfrewshire . † Or Chastle-herault . ‖ Vien in Daulphiny in France , having a Bridg over the Rhosne . K. Edward the 6 th of England highly commended . The Queen Dowager made Regent . Huntly imprisoned , ‖ Or Macintoshes . But released , upon Conditions . The Queen Regent , by the Advice of the French , raises new Taxes , * In Mid-Lothian . But the Commons withstand it , shewing their Reasons . Upon which , she desists . Embassadors from France , desiring the Scots to make War against England , * On the North side of South-Esk , near Dalkeith , in East-Lothian . † The Town of Eye-Mouth in the Merss . * In Teviotdale , on the South side of Tweed , below Kelso . Difference between D'Osel , the French Embassador , and the Scots Nobility . D'Osel vails Bonnet to them . The Scots under Andrew Carr , overthrown by the Duke of Norfolk . * In Lennoxshire . Embassadors sent to France , about the Marriage of the Dolphin with the Queen of Scots . * A Royal Borough of Angus . † Piemont and Millain . ‖ D'Coss , Earl of Brisac . Some of the Scots Embassadors die in France , and the rest return home . The English Fleet attempts the Orcades , but are driven off by Tempest . Walter Mills martyred , to the great regret of the Citizens of St. Andrews . ‖ Or , Meth●e● . Paul Meffen troubled , upon the account of Religion . St. Giles's Show , the Tutelar of Edinburgh , fouly spoiled . Paul Meffen banished by the Papists , but yet harbor'd by the Inhabitants of Dundee . The first Congregation of the Reformed , in Scotland . * Or Cader , in Mid-Lothian . The just Proposals of the Reformers to the Queen-Regent , Which the Priests , by the Encouragement of the Queen-Regent , oppose . The Quadrantary , or Triobolar , Faith , what ? The Scotish Crown order'd to be sent to the Daulphin of France , who had married the Queen . The Queen of Scots , upon the Death of Mary of England , assumes the Royal Arms of England . The imperious Answers of the Queen-Regent to the Agents of the Reformed , with their tart Reply . Magistrates have power over Mens Bodies and Estates , not their Consciences . Iohn Knox preaches at Perth , upon which , the Commonalty destroy the Idols and Shrines for Popish Worship . * Friars Mendicants , call'd Friars Manducants . The Regent disgusts the Carriages of the Reformed , and prepares Force against them . Cuningham , Earl of Glencarn , stands up stoutly for the Reformation . A Temporary Agreement made between the Regent , and the Reformed , Which the Regent eludes , what she can , by undue Pretences . * Perth . Argyle , and Iames Stuart , join themselves with the Reform'd , against the Regent , because of her breach of Promise . The Resolution of the Reformers , * In Poictou in France . The Queen marches against them , and they prepare to defend themselves , The Reformers , under the command of Argyle and Stuart , take Perth , Cowper , Linlithgo and Edinburgh , and purge them from monuments of Idolatry . A Truce between the Regent , and the Reformers . French Auxiliaries arrive , to strengthen the Regent , Which disgusts the Reformed . * Or , of St. Michael . Embassadors from France . Their Demands answer'd by the Reformed . The Reformers expostulate with the Regent . The Regents answers to their Demands . The Rejoinder of the Reformed Nobility , to the Regent's Answer . They abrogate the Regent's Power . * In East-Lothian . The Reformers meet with great discouragements , by the prevailing of the French , and desire Aid from England . Knox's encouraging Sermon . England resolves to send Aid to the Reformers in Scotland . * A Borough Royal in Fife . * In Fife . A Fleet of English appear , to aid the Scots Reformers , which terrifies the French. The French lose the hearts even of the Scotish Papists themselves , by their Insolencies and Plunderings . French Aid arrives in Scotland , to assist the Regent ; So doth an English Army , to aid the Reformers . The Reformers last Letter to the Regent . Skirmishes between the English , and the French. Embassadors from England . The Queen-Regent's death , with her Character . The Character of the French Embassadors , in Scotland . Three French Generals in Scotland , with their respective Characters . Notes for div A29962-e248080 After the Regent's death , Peace concluded between the Parties , by which the French were to leave Scotland ; a point the Regent would never yield to in her Life-time , though often press'd thereto . Sandeland , Embassador from Scotland to France . * A Vidam , in France , is a Baron , holding of a Bishop . A Massacre design'd in France , by the Guises . December 5. The Death of Francis , the French King. The Queen of Scots resolves to return from France . An Embassador from France , with his Demands , and the Answers of the Scotish Nobility thereunto . The Scots Parliament demolishes all Monasteries . * A Town built on the River South-Esk , in Angus . The Queen arrives in Scotland , with various Descants thereupon . Maitland sent Embassador into England ; Who persuades Queen Elizabeth , by many Arguments , to declare the Queen of Scots , her Successor . Which she absolutely refuses to do , with her Reasons for it . Courtiers unstable , and selfish , in their Affections to their Prince . The Queen of Scots not to use the English Arms , in Queen Elizabeth's time . A Question stated , whether a chief Magistrate might be compell'd to do his Duty , with variou● Opinions thereupon . The Queen designs to have a Guard for her Body , alamode of France . The Queen raises her Revenues out of Estates of Ecclesiasticks . Iames , the Queen's Brother , made Earl of Marr , afterwards of Murray . Gordon an Enemy to Murray . Iames Macintosh unjustly put to death by Gordon and his Wife . Bothwel endeavours to supplant Murray . A Design against the Regent discovered , by a Mistake in delivering of Letters , and the Conspirators imprisoned . Dunbarton-Castle taken by the Queen . Gordon's Plot to kill Murray , prevented . An Interview designed between the Queens of England and Scotland at York , but disappointed . * In Te●iotdale . The Regent destined to ruin , by the Popish Faction in Scotland , and the Guises in France , for adhering to the Reformation . Gordon ( incited by the Pope's Letters ) undertakes to destroy Murray , the Regent . Bothwel escapes out of Prison . ‖ Or , Strathbogy . Gordon's bold Attempt against the Queen her self , Disappointed . Gordon's design against Murray's Life . Wonderfully 〈◊〉 ▪ * The Gordons taken Prisoners . † The Regent gives solemn Thanks to Almighty God , the sole Author of his unexpected Deliverance . Iohn Gordon put to Death . * Bothwel outlawed . † Ianuary 26. ‖ Lent observed on a Politick , not Religious , Account . * Matthew Stuart , Earl of Lennox , return● out of France , after twenty two Years Exile . † Henry Stuart his Son , comes out of England , and is in great Favour with the Queen . ‖ The Story of David Rize . * In Pr●vence , situated on the Mediterranean-Sea , at the foot of the Alps , which divides France from Italy , near Villa-Franca . † Rize his Politick Court to Henry Stuart , Lord Darnly . Bothwel avoids his Trial. Various Disputes concerning the Queen's marriage with Darnly . * Viz. Reformed . The Queen actually Marries Henry , Lord Darnly . Which disgusts many of the Nobility . A Politic Maxim , both Prudent , and also Equitable . * A Town standing on the West-side of Clyde , 2 Miles above Bothwel-Bridg . The Nobles , that rose up in Arms , are quelled . Rize persuades the Queen to cut off some of the Scotish Nobility , and to entertain Foreigners , as a Guard to her Person . The Queen , after her hasty Marriage , is assoon alienated from the King , who , at the instigation of Rize , is plausibly dismist from Court. * Or , Pebils . * A Castle on North-Esk , two Miles above Dalk●ith in Mid-Lothian , with the demesnes thereof . The King , being 〈…〉 made sensible of Rizes scandalous Familiarity with the Queen , resolves to destroy him . The Peremptoriness of Rize . ‖ Or , President . Articles of Agreement betwixt the King and the Nobles , for the destruction of Rize , &c. Rize haled from the Table , as he was at Supper with the Queen , and slain . Damiot's warning to Rize , to get him packing out of Scotland , which he scornfully rejected . Ruven's memorable Speech to the Queen , on the occasion of Rize's Death . The King takes Rize's Death upon himself . † The banished Nobles offer themselves to their Trial. ‖ Rize's Body buried , by the Queen's Order , in the Sepulchres of the Kings of Scotland . * A Proclamati●● against Rize's Murderers . † The Queen delivered of King Iames the Sixth . Notes for div A29962-e256600 * The Queen disgusts her Husband , and favours Bothwel . † In Clackmannan-shire , on the North side of the Forth , below Sterlin . ‖ Bothwel wounded by an High-way-Pad . † In Liddisdale . † A Castle in Mid-Lothian . * The Queen falls sick , yet continues to flight the Applications of her Husband to her ; * She meditates a Divorce . Strange Disrespect to the King , at the Baptism of his own Son. Thereupon he withdraws from Court ; Is poisoned , but overcomes 〈◊〉 by the Vigour of his Youth . The Story of the Infernal Design to destroy Henry Stuart , King of Scotland , agitated and complotted , with the Series of its Procedure . The King strangled , And then the House , wherein he was , blown up with Gunpowder . ‖ The Bishop of St. Andrews shrewdly suspected about the King's Death . The Assassi●● do falsly impute the King's Murder to Murray , and Morton . The English inflamed against the Scots , upon hearing the horrid Murder of their King. Prodigies accompanying the King's death . Bothwel designs to destroy Murray . The Assassination of the Scots King odious to all Nations . Bothwels Mock-Trial for the King's Murder , before the Earl of Argyle . A Proclamation published , for a Blind , to discover the King's Murderers . The bold Speech of a Taylor . The Queen solicitous to procure the Government of Edinburgh-Castle into her own Hands . The Earl of Lennox first publickly accuses Bothwel of the King's Murder . * April . 15. Whereupon a Court is hastily summon'd ; By which Bothwel is acquitted , tho but Conditionally . Bothwel challenges his Accusers . Bothwel procures a Schedule from some of the unwary Nobility , incouraging his Marriage with the Queen , Which some of them afterwards retract . The Queen to be s●emingly surprized by Bothwel , in order to her Marriage with him . The Water of Almond divides Mid-lothian from West-lothian , in Linlithgo-shire . Bothwel actually surprizes the Queen ; And is divorc'd from his former Wife , for Adultery . Ecclesiasticks backward to publish the Bans , or to celebrate the Marriage , between the Queen and Bothwel : Yet , at last , the Bishop of Orkney marries them . The French Embassador refuses to come to the Wedding : ☜ Even the Vulgar dislike the Queen's Marriage . Politic Instructions to the Bishop of Dunblan● , to excuse the Queen's hasty Marriage , at the French Court. The Queen frames an Association for the Nobility to subscribe , Which the Earl of Murray refus'd to do , And therefore departs the Land. A contrary Association entred into by several of the Nobility , to preserve the young King. The Queen escapes from the associated Nobles , in Mans Apparel . And arms against them . A State Maxim , irrefragably true . Both Armies ready to ingage . Monsieur Crock , the French Embassador mediates for a Peace . But not prevailing , he withdraws himself . Bothwel's daring Challenge answered : But the Queen forbids the Duel . The Queen's Army refuses to fight ; * In Fife . Whereupon Bothwel flies , and the Queen is taken Prisoner . The Bishop of Dunblane chouzed in his Embassy to France . Wondrous Discoveries concerning the King's Murder , in Bothwels Cabinet of Letters . The Queen pitied in her Distress . The Hamiltons stir in her behalf . Governours appoinetd for the young King , by the Queen her self . The Earl of Murray returns from Travel . And is chosen Regent . Iohn Knox preaches a Sermon at the Coronation of K. Iames the 6 th . The Coronation-Oath taken by Proxies , by reason of the King's Minority . Notes for div A29962-e262360 Bothwel flies to the Northern Isles , and from thence to Denmark . Where he is imprisoned , and dies , Distracted . The Queen's Party , of which the Hamiltons were the chief , design Her Deliverance , out of Durance . * In Strath-●arn . The Regent remarkable Speech and Resolu●io● ▪ An Embassador from France . The Queen escapes out of Prison , and gathers Forces against the Regent . The French Embassador busy betwixt the Parties , * Two Miles South of Glasgow . A Fight between the Royalists ▪ and the Queen's Forces . Wherein the Queen is overthrown , and flies for England . The French Embassador sculks away , after the Fight . In Clydsdal● . Queen Elizabeth of England doth in part adopt the cause of the Scots Queen . Whereupon the Regent , with some others , meet the Queen of England's Commissioners at York to debate Matters . George Buchanan accompanies the Regent into England . A Plot to cu● off the Regent in his Journy . Disputes between the Commissioners of both Sides . Upon their Disagreement , Queen Elizabeth avokes the Cause to London . Commissioners sent to London by the Regent . Maitland not true to the Regent . The Regent himself comes to London . The Queen of Scots endeavours to raise Commotions in Scotland , in the Regent's Absence . The Regent manages his Accusation against the Queen and her Party , To the convincement of the Queen of England , and her Privy-Council . 〈◊〉 acquitted from Guilt , by the Queen of Scots's Commissioners themselves . Iames Hamilton returns from France , and labours to embroil things in Scotland , hoping thereby to get the Regency from M●rray . The Queen of England tampered with by the Hamiltonians , to make Hami●ton Regent . The Royalists answer their Reasons , in a large discourse . The Cruelty of Robert against his Brother's Children . Laodice's Unnaturalness towards her own Children . Sfor●a's Murder , with its Consequents . The Queen of England declares against Hamiltons design for the Regency . A Marriage designed between the Queens of Scots and Howard . Buds of discontent between the Queens of England , and Scotland . The Regent honourably dismis● from England , and arrives in Scotland . The Transactions of the Regent with the Queen of England , confirmed by the Nobility of Scotland . Hamilton forced to submit to the Regent ; So is Argyle . Hamilton's Tergiversation ; For which he is imprisoned . Various Disputes about admitting Huntly to a Reconciliation , with Arguments Pro and Con. Sententious Maximes in Policy . Yet , at last the Regent pardons him , upon Terms . Letters from England , declaring the Intrigues between the Q. of Scots and Howard . Queen of Scots confined to the Lord Scroop's House , in the North of England . Letters from both Queens to the Scots Nobles , read and debated . The Scots answer Q. Elizabeth's Letter . Petcarn sent Embassador into England , to satisfy Q. Elizabeth . The Regent's Lenity , his own Overthrow . The Regent deserted by his intimate Friends ▪ Howard imprisoned . The Regent receives an encouraging Message from the Queen of England . The Regent too negligent of his fore warned Danger . The Regent shot out of a Balcony , at the Instigation of the Hamiltons , Of which Wound he died . The Pious and Laudable Character of the Regent . Notes for div A29962-e269410 Bandyings in Scotland , upon the Regent's Murder . Randolph's ( Queen Elizabeth's Embassador , ) sober Speech to the Scots . The Douglasses Petition against the Murderers of the Regent , which occasions several Debates . * Or , Commissioners . * A Barony on the East-side of Clyde . A Convention of the Nobles , with various Opinions about choosing a Regent ; But is dissolved , re infecta . The Hamiltons , and others of the Queen's Party , meet at Edinburgh . The Edinburghers much courted to side with them , but in vain . An English Army coming into Scotland , puts the Queen's Faction to a stand . The Queen's Party send Embassadors into England . St. Lewis de Galais , Ld. of Lansach in France . An Embassador from France to the Queen's Party . Q. Elizabeth rejects the Embassy of the Queen's Party in Scotland . The Queen's Party at Linlithgo , the King 's at Edinburgh . Petcarn , an Embassador from the Royalists in Scotland to Q , Elizabeth . The English Army under Sussex , ravage over a great Part of Scotland . Lord Scroop enters Scotland with another English Army . The Hamiltonians depart from Glasgow . Hamilton-Castle taken . Petcarn's Answer from the Q ▪ of England . Matthew Stuart , Earl of Lennox , created Vice-Roy ; and then , Regent . Huntly garison● Brechin , Which is taken by the Regent . Queen Elizabeth made Arbiter betwixt both Parties in Scotland . The Regent sends Embassadors into England . The Regent hurt by a Fall from his Horse . A notable Design of the Reg●nts , to surprize Dunbarton Castle , with the occasion of it , and the manner of carrying it on . The Scituation of the Castle , and Town , of Dunbarton , described punctually by our Author , who was born there . Dumbritton , why so called . Iohn Fleming , Governor of Dunbarton . * In Lennox . Ignis Fatuus ; Country People call it , Iack with a Lanthorn , or Will with a Wisp . Dumbarton-Castle taken by Surprize . The Regent's Clemency to Flemming the Governor's Wife . The Archbishop of St. Andrews executed as guilty of the King 's and Regent's Murders , with Evidences proving the same . 〈…〉 an Actor in the King's Murder , in trou●le o● Conscience accuses himself , and the Ar●h-bishop of St. And●ews , o● that horrid Crime The Regent's Embassadors , Morton , &c. return from England , with an ample account of their Negotiations there , and the grounds alledged by them , to justify the late Actions in Scotland , against their Queen . The Original of Kingly Government in Scotland . Kingly Government , What ? Trajan and Theodosius , their memorable Speeches . Christiern , of Denmark , deposed . Valerius Asiaticus , his bold and confident Speech . He is said to have slain his own Sons ; Who would have brought back Kingly Government into Rome . Some of Q. Elizabeth's Counsellors desire the Scots King to be sent into England . The Queen's Faction garisoned Edinburgh . Morton comes to Leith , and publishes a Proclamation against Them. The Garison of Edinburgh sallies out upon him in his retreat . Edinburgh , How seated ? A Convention of the Estates held at one end of the City of Edinburgh , because the Enemy possessed the Castle . The Castle plays upon the Conventioners with Cannon , but does them no hurt . Two Anti-Assemblies Indicted . A Sally out of Edinburgh , against Morton , at Dalkeith , Near two 〈◊〉 from Edinburgh , wherein both Parties ●●ceive some Checks . A Scotch Troop from Denmark , comes to help the Royalists . Morton falls sick at Leith . Drury intercedes in vain between the Parties . The Rebels sally out against Morton at Leith ; But are repulsed with ●oss . Iames Culen , a cruel Am●odexter , justly punished . A Ship from France , taken by the Regent . The Queen of England , and King of France , censured for their slow Supplies to their several Parties in Scotland . The Scots refuse to send their young King into England , with their Reasons , why . The Rebels Convention at Edinburgh . The Regent's Convention at Sterlin . The Rebels assault Leith , but are repulsed . Iames Haliburton taken Prisoner by the Rebels , by a Mistake . The bold Attempt of the Rebels to surprize Sterlin , and the Nobles of the Convention there assembled : Which , in part , took Effect . The Rebels beaten again out of Sterlin , by the Valour of Iohn Erskin , Governour of the Castle . The Regent slain in this Scuffle , with Capt. Spence , who endeavoured to save him . * For killing him , after he had Quarter given him . Three Competitors for the Regency . Iohn Erskin , Earl of Marr , chosen Regent . He assaults Edinburgh , but without effect . The Royalists receive a loss in the North , with the manner of it . Deadly fewds between the Gordons and the Forbes's . The Cruelty of the Gordons against the Forbes's . The King's Party overthrown . The chief Town of Teviotdale standing on the River Ied , near where it falleth into the River Teviot . The Rebels attempt Iedburgh , * An Abby in Teviotdale , But are driven back to Hawick where they are Routed . * A Town in Teviotdale . A Barony upon the Water of Bervy in Angus . The Dundeans Enemies to the Gordons . * A Castle on a Rock , lying in the Firth of Forth , above Abercorn . The Regent straitens Edinburgh . Archibald Douglas apprehended , upon Suspicion of his Tampering with the Enemy . 
B05585	----	A proclamation discharging the importing, vending, dispersing, or keeping seditious books and pamphlets Scotland. Privy Council. 1688 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05585 Wing S1770 ESTC R183452 53981735 ocm 53981735 180367 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05585) Transcribed from: (Early English Books Online ; image set 180367) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:55) A proclamation discharging the importing, vending, dispersing, or keeping seditious books and pamphlets Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : 1688. Caption title. Royal arms at head of text; initial letter. Majority of text in black letter. Dated: Given under Our Signet at Edinburgh, the fifteenth day of August, one thousand six hundred eighty eight years. And of Our Reign the fourth year. Signed: Will. Paterson, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Censorship -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion J R royal blazon or coat of arms A PROCLAMATION Discharging the Importing , Vending , Dispersing , or Keeping Seditious Books and Pamphlets . IAMES by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith. To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as we being informed , that there are many Impious and Scandalous Books and Pamphlets printed in Holland , and elsewhere , Inciting Our Subjects to Murder and Assassination , as well as Rebellion , to the great reproach of the Christian-Religion , and the ruine of all Humane Society ; in which also Our Government , and the Actions of Our Royal Predecessors , and Our own , are represented as Cruel , Barbarous , and Tyrannical , and all such as have Served and Obeyed Us , are railed at as Enemies to GOD , and their Native Country : Notwithstanding of the great Care We have always taken to Tollerate all different Perswasions , and the Clemency We have shown in Pardoning the greatest Criminals ; which Books are brought Home into this Kingdom , and Vended , and Spread here ; and we being most desirous , on this , as on all other Occasions , to prevent any of Our Subjects being brought into a Snare . We have thought fit hereby to Intimat , and make Known , that if any of Our Subjects shall hereafter bring Home , Vend or Sell , Disperse or Lend any of the Books underwritten , viz. All Translations of Buchanan de Jure Regni , Lex Rex , Jus Populi , Nephtali , The Cup of cold Water , The Scots Mist , The Appologetical Relation , Mene Techel , The Hynd let loose , The treasonable Proclamations issued out at Sanquhar , and these issued out by the late Duke of Monmouth , and the late Earl of Argile , or any other Books that are , or shall be hereafter Written or Printed defending these Treasonable and Seditious Principles , they shall be lyable as if they were Authors of the saids Books ; and all other Our Subjects are hereby Commanded to bring in any of the saids Books they have , and deliver them in to any Privy Counsellor , Sheriff , Baillie of Regality , or Bailliaries , or their Deputs , or any Magistrats of Burrows , to be transmitted by them to the Clerks of Our Privy Council , to the end the same may be destroyed , with Certification , that whoever ( except Privy Counsellors ) shall be found to have any of the saids Books , and not to have delivered them up , shall be Fyned , for Our Vse , in such a Penalty , as Our Council shall appoint , for each of the saids Books , that he or they have not delivered up . And appoints the saids Books and Pamphlets to be brought in betwixt and the Dyets following , viz. these in the Town of Edinburgh , and Suburbs thereof , betwixt and the first Tuesday of September next to come , and all others within this Kingdom , betwixt and the first Tuesday of November next to come . And to the end Our Royal Pleasure in the Premisses may be made publick and known , Our Will is , and We Charge you strictly and Command , that incontinent , these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and whole remanent Mercat-Crosses of the Head-Burghs of the Shires of this Kingdom , and other places needful , and there in Our Name and Authority , make Publication of Our Royal Pleasure in the Premisses . And recommends to the Most Reverend the Arch-Bishops , and Right Reverend Bishops , to cause read this Our Royal Proclamation , in all the Pulpits of this Kingdom , upon some convenient Lords Day , in the Forenoon , immediatly after Divine Service , that none pretend Ignorance . Given under Our Signet at Edinburgh the Fifteenth day of August , One thousand six hundred eighty eight Years . And of Our Reign the Fourth Year . Per Actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD SAVE THE KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , 1688. 
B05586	----	A proclamation discharging the levying and transporting any men for the warrs beyond seas Scotland. Privy Council. 1677 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05586 Wing S1770A ESTC R233275 52612316 ocm 52612316 179621 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05586) Transcribed from: (Early English Books Online ; image set 179621) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:15) A proclamation discharging the levying and transporting any men for the warrs beyond seas Scotland. Privy Council. Gibson, Alexander, Sir, d. 1693. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : 1677. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated at end: Given under Our Signet at Edinburgh, the 18. day of January, 1677. and of Our Reign the twenty eighth year. Signed: Al. Gibson. Cl. Sti. Concilii. Imperfect: stained and creased with some loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting, enlistment, etc. -- Law and legislation -- Early works to 1800. Impressment -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION Discharging the Levying and Transporting any Men or the Warrs beyond Seas . CHARLES by the Grace of God , King of great Britain , France and Ireland , Defen●●● of the Faith , to Macer or Messengers at Arm , Our Sheriffs in that part conjunctly and severally specially constitute , Greeting : Forasmuch , as it being represented to Vs th●● a number of Men are l●vyed in this Kingdom for the service of France , whe●●of some are landed there and moe are expected for the same purpose ; and t●● Men are clapt up in Pri●ons , and detained untill there be an opportunity to se●● them away to France , And as we are confident that our Privy Council of t●●● Kingdom have not given the least authority for making Levyes contrair to o●● Treaties , and to that Neu●rality , which , as Mediator , We are resolved to keep : 〈◊〉 We have thought fit , upon this occasion to renew our positive Commands , T●a● our Council be careful tha● no men be levyed or sent out of Scotland by any conivance whatsoever . Like●●●● We , with advice of the Lords of our Privy Cou●●il , do command and charge , That none of our Subjects or others within this Kingdom presume to levy or transport any men out of our said Kingdom upon any pretence whatsoever , unto the service of any beyond the Sea now in war. And we strictly require all the Magistrates and Officers of our Customs in all the Sea-Ports of this Kingdom , to be careful in their several Jurisdictions , that this our Command be punctually obeyed . And further , We , with advice foresaid , do command and require the Magistrates of Burghs immediately to set at liberty any men whom they shall find to be keeped in Prison in order to their transportation , and to return to our Co●●●●d the names of any persons so imprisoned , and the names of these who ap●reh●●ded them . And ordains these presents to be Printed and Published at the mercat-Cross of Edinburgh , and other places ●●●●ful , that none pretend ignorance . Given under our Signet 〈◊〉 E 〈◊〉 〈◊〉 , the 18. day of January , 1677. and of our Reign the twen●● eighth y●●● . GOD Save the King. Edinburgh , P●●●●●● 〈…〉 Andr●● Anderson , Pri●●●● to 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈…〉 D●● . 1677. 
B05587	----	A proclamation, discharging the levying or transporting of souldiers vvithout licence Scotland. Privy Council. 1674 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05587 Wing S1770B ESTC R183453 52612317 ocm 52612317 179622 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05587) Transcribed from: (Early English Books Online ; image set 179622) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:16) A proclamation, discharging the levying or transporting of souldiers vvithout licence Scotland. Privy Council. Gibson, Alexander, Sir, d. 1693. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Andrew Anderson, Printer to the King's most excellent Majesty, Edinburgh : 1674. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated at end: Given under Our Signet at Edinburgh, the first of October, one thousand six hundred, and seventy four years. Signed: Al. Gibson Cl. Sti. Concilii. Imperfect: creased and stained with slight loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting, enlistment, etc. -- Law and legislation -- Early works to 1800. Impressment -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R royal blazon or coat of arms A PROCLAMATION , Discharging the levying or transporting of Souldiers vvithout Licence . CHARLES , by the Grace of God , King of Great Britain , France and Ireland , Defender of the Faith , To Macers or Messengers at Arms , Our Sheriffs in that part conjunctly and severally , specially constitute , Greeting : Forasmuch , as We did by a Proclamation of the twenty third of July last , prohibit any persons whatsoever to levy any men in this Our ancient Kingdom , or to transport any of Our Subjects thereof into the service of any forraign Prince or State without Our special licence : and discharged all Masters of ships to transport them under all highest pains . And we being informed , that notwithstanding of the said Proclamation , since the publishing thereof , many of Our subjects of this Kingdom , have been taken on and transported abroad , and some of the souldiers of Our standing Forces have been , and daily are seduced and debauched from their service , and ingaged to serve in forraign Countries by persons having no warrand or licence from Vs , in high and manifest contempt of Our Authority , and contrare to the said Proclamation . Therefore , We , with advice of the Lords of Our Privy Council , do hereby prohibit and discharge all Masters of Ships to receive on board , or to transport to any forraign Countrey any subjects of this Kingdom who have been levyed without Our special licence , or any other Passengers who are not Merchants or Seamen , unless they have a Pass under the hand of any one of Our Privy Councellors : Certifying such as shall transgress herein , that they shall be fyned in the sum of three thousand merks , Scots money ; whereof a third part to be applyed to the use of the informer . Likeas , We do hereby authorize and require any one of Our Privy Councellors , upon information given , that any of Our Subjects of this Kingdom , Souldiers or others are taken on to serve in any forraign Countrey , without warrand , as said is , to cause stop them in their passage , and imprison them , and to cause seize upon and secure the persons who have ingaged them , or who shall be known to have been dealing with , and seducing them thereto , until they find caution to answer for the same , and that they shall not levy or transport any of Our Subjects to any forraign service ; with power to any Privy Councellor to give such orders as shall be necessary for that effect to the Magistrats of Burghs , or any of Our standing forces , who are hereby required to put these orders in execution , as they will be answerable at their highest peril . And it is hereby declared , that such persons as have already contraveened the former Proclamation , shall be proceeded against , and censured conform to the tenor thereof . The which to do we commit to you conjunctly and severally Our full Power by thir Our Letters , delivering them by you duely execute and indorsat again to the Bearer . Given under Our Sig●●● a● Edinburgh , the first of October , one thousand six hundred , and seventy four Years . Al. Gibson Cl. S ti . Concilii . God Save the King. 〈…〉 to the Kings most Excellent Majesty . 1674. 
B05594	----	A proclamation dissolving the Parliament Scotland. Privy Council. 1686 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05594 Wing S1779 ESTC R183460 52612322 ocm 52612322 179626 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05594) Transcribed from: (Early English Books Online ; image set 179626) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:20) A proclamation dissolving the Parliament Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1686. Caption title. Royal arms at head of text; intial letter. Dated at end: Given under Our Signet at Edinburgh, the eighth day of October, 1686. And of Our Reign the second year. Signed: Will. Paterson Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Parliament -- Dissolution -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion I7 R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION Dissolving the Parliament . IAMES by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith : To Our Lyon King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms ; Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as We , by Our Royal Proclamation of the Twentieth and second day of July last by-past , did continue the Adjournment of the present Current Parliament of this Our Ancient Kingdom , until the Twentieth first of October instant : And whereas upon diverse good Considerations of great Importance to Our Service , We have now thought sit to put an end to that Our Parliament , by a Dissolution thereof ; Do therefore with Advice of Our Privy Council , hereby Dissolve Our said present Current Parliament , and Declare the same to be actually Dissolved . And that Our Royal Pleasure herein may be known , Our Will is , and We Charge you strictly , and Command that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and all other places needful , and there in Our Royal Name and Authority , by open Proclamation , make Publication of Our Dissolving of Our said present Current Parliament , and that the same is actually Dissolved . Given under Our Signet at Edinburgh , the Eighth day of October , 1686 , And of Our Reign the Second Year . Per Actum Dominorum Secreti Concilii . WILL. PATERSON Cls. Sti. Concilii . GOD save the KING . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1686. 
B05621	----	A proclamation, for adjourning the Parliament, from the eighth of October next, to the twentieth of December thereafter. At Edinburgh, the first day of October, one thousand six hundred eighty nine years. Scotland. Privy Council. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05621 Wing S1810 ESTC R183486 52528972 ocm 52528972 179055 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05621) Transcribed from: (Early English Books Online ; image set 179055) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:44) A proclamation, for adjourning the Parliament, from the eighth of October next, to the twentieth of December thereafter. At Edinburgh, the first day of October, one thousand six hundred eighty nine years. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of Secret Council, Edinburgh : Anno Dom. 1689. Caption title. Initial letter. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , For Adjourning the Parliament from the eighth of October next , to the twentieth of December thereafter . At Edinburgh , the first day of October , One thousand six hundred eighty nine years . WHereas His Sacred Majesty Considering , that by the last Act of the present Current Parliament , of this His Ancient Kingdom , Holden at Edinburgh , the same is Declared Current and Adjourned until the eighth day of October next ; and That the present State of His Majesties Affairs doth not Require the Meeting of the said Parliament , so soon as the said eighth of October , to which it was Adjourned , Hath therefore by His Royal Letter , Dated at Hamptoun-Court , the twenty fifth of September One thousand six hundred eighty nine , Signified His Resolution , to Continue the Adjournment from the said eighth of October , to the twenty day of December thereafter ; And that the Members thereof may not be put to the Trouble and Charge of Meeting upon the said eight of October ; Hath likewayes Authorized and Required the Lords of His Majesties Privy Council , to IssueF forth this Proclamation , in His Name , to the Effect after-mentioned Therefore the saids Lords of Privy Council , Do , in His Majesties Name , and by His special Command and Authority , hereby Adjourn the said Current Parliament , to the said twentieth of December next ; And Require and Command the Lyon King at Arms , and his Brethren Heraulds , Macers of Privy Council , Pursevants , Messengers at Arms , Sheriffs in that part , conjunctly and severally , that incontinent , thir Presents seen , they pass to the Mercat-Cross of Edinburgh , and the remanent Mercat-Crosses of the Head-Burghs of this Kingdom , and there , in His Majesties Name and Authority , by open Proclamation make Intimation of the said Adjournment of the Parliament of this Kingdom , from the said eighth day of October , to the twentieth day of December next ensuing ; Requiring hereby all the Members of the Parliament to attend that day , in the usual way , and upon the accustomed Certifications . The which to do , the saids Lords commits to them , His Majesties full Power , by these Presents , Delivering the same , by them duly Execute , and Indorsed again to the Bearer . Per Actum Dominerum Secreti Concilii . GILB . ELIOT , Cls , Sti. Concilii . God save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of Secret Council , Anne Dom , 1689. 
B05622	----	A proclamation for adjourning of the Parliament, from the 20 December to the 1 of March thereafter. Scotland. Privy Council. 1689 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05622 Wing S1811 ESTC R183487 52528973 ocm 52528973 179056 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05622) Transcribed from: (Early English Books Online ; image set 179056) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:45) A proclamation for adjourning of the Parliament, from the 20 December to the 1 of March thereafter. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of Privy Council, Edinburgh : Anno Dom. 1689. Caption title. Dated: Given at Edinburgh, the fourth day of December, one thousand six hundred and eighty nine years. Signed: Gilb. Eliot Cls. Sti. Concilii. Imperfect: creased and stained with some loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION For Adjourning of the Parliament , From the 20 of December to the 1 of March thereafter . FOrasmuch as the Lords of His Majesties Privy Council , by their Proclamation of the date , the First day of October last by past , in obedience to , and by vertue of , His Majesties special Command and Authority , did in His Majesties Name Adjourn this Current Parliament , from the Eighth day of October then ensuing ( to which day the Parliament was formerly Adjourned ) until the Twentieth day of December instants , And diverse great and weighty Considerations moving His Sacred Majesty to continue the said Adjournment from the said Twenty day of December , to the First of March next , in the year One thousand six hundred and ninety ; and that the Members thereof may not be put to the trouble and charge of meeting upon the said Twenty day of December , His Majesty hath by His Royal Letter , of the date at Holland-House , the Thirty day of November last by past , Authorized and Required the saids Lords to issue forth a Proclamation in His Name , Continuing the Adjournment of this Current Parliament to the First day of March next ; And if His Majesty shall find it necessary that the said Parliament meet sooner , he will signifie the famine by a Proclamation to Anticipat that Dyet : Therefore the saids Lords of Privy Council do in His Majsties Name , and by His special Command and Authority , Declare the said Parliament Current , and Continue the Adjournment thereof until the said First day of March next ensuing the date of the present ; and Require and Command the Lyon King at Arms , and his Brethren Heraulds , Macers of Privy Council , Pursevants , Messengers at Arms , Sheriffs in that part , conjunctly and severally , that incontinent these presents seen , they pass to the Mercat-Cross of Edinburgh , and the remanent Mercat-Crosses of the Head Burghs of this Kingdom , and there in His Majesties Name and Authority foresaid , by open Proclamation , make Intimation of the Continuation of the said Adjournment , from the Twenty day of December instant , to the First day of March next ; Requiring hereby all the Members of Parliament to attend that day , in the usual Way , and upon the accustomed Certifications Declaring hereby , not with standing of the present Adjournment , that if His Majesty shall find it necessary , the Parliament should meet before the said First day of March next , he will be favourably pleased to signifie the famine , by a Proclamation for Anticipating that Dyet : For doing of all which , the saids Lords commit to them conjunctly and sseverally , His Majesties's full Power by these presents , delivering the famine by them duly Execute and Indorfaragain to the Bearer . Given at Edinburgh , the Fourth day of December , One thousand six hundred and eighty nine years . Per Actum Dominorum Sti. Concilii . GILB . ELIOT Cls. Sti. Concilii . GOD Save King WILLIAM and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of Privy Council , Anne DOM 1689. 
B05623	----	A proclamation, for adjourning the Parliament, to the twenty seventh of March. At Edinburgh, the fifteenth day of March, one thousand six hundred ninety years. Scotland. Privy Council. 1690 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05623 Wing S1813 ESTC R183488 52612325 ocm 52612325 179629 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05623) Transcribed from: (Early English Books Online ; image set 179629) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:23) A proclamation, for adjourning the Parliament, to the twenty seventh of March. At Edinburgh, the fifteenth day of March, one thousand six hundred ninety years. Scotland. Privy Council. Eliot, Gilbert, Sir, 1651-1718. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of the Privy Council, Edinburgh : 1690. Caption title. Initial letter. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1702 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , For Adjourning the Parliament to the twenty seventh of March. At Edinburgh , the Fifeteenth day of March , One thousand six hundred ninety years . Whereas His Majesty by His Royal Letter of the date at Kensingtoun the thirteenth day of February One thousand six hundred and ninety years , Authorized and Required the Lords of His Majesties Privy Council , To Issue forth a Proclamation in Their Majesties Names , Continuing the Adjournment of this Current Parliament , till the eighteenth day of March instant , and that the Council have in Obedience to His Majesties Commands , and in Their Majesties Names , and by vertue of Their Royal Authority , Declared the said Parliament Current , and continued the Adjournment thereof until the said eighteenth Day of March instant ; And His Majesty having signified by His Royal Letter to the Lords of His Privy Council , of the date at Kensingtoun , the twenty eight Day of February last by-past , That divers Considerations now moved His Majesty to continue the said Adjournment , from the said eighteenth Day of March , to the twenty seventh Day of the said Moneth , Hath Authorized and Required the saids Lords to Issue forth a Proclamation in Their Majesties Names , continuing the Adjournment of the said Parliament , until the twenty seventh Day of the said Moneth of March instant : Therefore Their Majesties High Commissioner , and the Lords of Privy Council , Do in Their Majesties Names , and by Their special Command and Authority , Declare the said Parliament Current , and continues the Adjournment thereof till the said twenty seventh Day of the said Current Moneth of March ; And Do hereby Require and Command , the Lyon King at Arms , and his Brethren Heraulds , Macers of Privy Council , Pursevants , Messengers at Arms , Sheriffs in that part , conjunctly and severally , that incontinent these Presents seen , they pass to the Mercat Cross of Edinburgh , and remanent Mercat-Crosses of the Head-Burghs of this Kingdom , and there , in Their Majesties Names and Authority foresaid , by open Proclamation , make Intimation of the Continuation of the said Adjournment , from the said eighteenth Day of March instant , to the said twenty seventh Day of the said Moneth of March Current , Certifying all the Members of Parliament , that the Parliament will then Sitt ; and Requiring hereby all the Members thereof to attend that Day at ten a Clock in the forenoon , in the usual way , and at the ordinary place , and upon the accustomed Certifications ; for doing of all which , Their Majesties High Commissioner , and the Lords of Privy Council , Commit to them , conjunctly and severally Their Majesties full Power , by these Presents , delivering the same by them , duly Execute , and Indorsed again to the Bearer . Per Actum Dominorum Sti. Concilii . GLIB . ELIOT , Cls. Sti. Concilii . God Save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , by Order of the Privy Council , 1690. 
B05624	----	A proclamation for adjourning the Parliament from the fifteenth of March instant, until the fifteenth of June next. Scotland. Privy Council. 1694 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05624 Wing S1818 ESTC R183490 52529289 ocm 52529289 179057 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05624) Transcribed from: (Early English Books Online ; image set 179057) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:46) A proclamation for adjourning the Parliament from the fifteenth of March instant, until the fifteenth of June next. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the successors of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1694. Caption title. Royal arms in ornamental border at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the twelfth day of March, and of Our Reign the fifth year, 1694. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms A PROCLAMATION For Adjourning the Parliament from the fifteenth of March instant , until the fifteenth of June next . WILLIAM and MARY by the Grace of GOD , King and Queen of Great-Britain , France , and Ireland , Defenders of the Faith. To Our Lyon King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , conjunctly and Severally , specially constitute , Greeting : Forasmuch as , We with Advice of the Lords of Our Privy Council , Did by Our Proclamation of the date , the twenty six day of December one thousand six hundred and ninety three years , Adjourn the current Parliament of this Our Antient Kingdom of Scotland , from the ninth day of January last by past , to the Fifteenth day of March. And We Considering , that the present State of Our Affairs in this Our Antient Kingdom , doth not Require that the Members of Our said Parliament should meet upon the foresaid day . And We being unwilling , that they should be put to any Trouble , that may be Dispensed with ; Do therefore with Advice of the saids Lords of Our Privy Council , hereby Adjourn Our said current Parliament until the fifteenth day of June next to come : Hereby Requiring all the Members of Our Parliament to attend that day , in the usual way and under the Certifications contained in the several Acts of Parliament madethereanent . OUR WILL IS HEREFORE , and We Charge you strictly , and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat-Crosses of the remanent Head-burghs of the several Shires of this Our Antient Kingdom , and there by open Proclamation , make Intimation of the Adjourning of Our Parliament of this Kingdom , from the said fifteenth day of March insant , to the said fifteenth day of June next to come . And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the twelfth day of March , and of our Reign the Fifth Year , 1694 . Per Actum Dominorum Secreti Concilii . GILB . ELLIOT Cls. Sti. Concilii . God Save King William and Queen Mary . Edinburgh , Printed by the Successors of Andrew Anderson , Printer to Their Most Excellent Majcesties , Anno Dom. 1694. 
B05626	----	A proclamation for adjourning the Parliament, to the twentieth of March next, 1696. Scotland. Privy Council. 1695 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05626 Wing S1820 ESTC R226062 52529290 ocm 52529290 179058 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05626) Transcribed from: (Early English Books Online ; image set 179058) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:47) A proclamation for adjourning the Parliament, to the twentieth of March next, 1696. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : 1695. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh the fifth day of February, and of Our Reign the seventh year. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion WR DIEV ET MON DROIT HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For Adjourning the Parliament , to the Twentieth of March next , 1696. WILLIAM by the Grace of God King of great Britain , France and Ireland , Defender of the Faith , to our Lyon King at Arms and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , Conjunctly and Severally , Specially Constitute , Greeting ; Forasmuch as by the last Act of the fifth Session of this Our Current Parliament , the same is adjourned to the seventh day of November , then next to come , now Instant : And our Affairs not requiring a Meeting thereof at that time , We have thought fit that the Adjournment thereof shall be continued from the said day to the Twentieth Day of March next to come , Therefore , We with Advice of the Lords of Our Privy Council , do hereby Adjourn Our said Current Parliament , unto the said Twentieth Day of March next Ensuing the Date hereof ; Requiring all the Members of Our said Parliament to attend that Day in the usual way , and under the Certifications contained in the several Acts of Parliament made thereanent . OUR WILL IS HEREFORE , and We Charge you strictly , and Command , that Incontinent , these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and to the Mercat Crosses of the remanent Head Burghs of the several Shires of this Our Ancient Kingdom ; And there by open Proclamation make Intimation , that Our said Parliament of this Kingdom is Adjourned to the said Twentieth Day of March next to come And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh the Fifth Day of November , and of Our Reign the Seventh Year . Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the Kings Most Excellent Majesty , 1695. 
B05627	----	A proclamation for adjourning the Parliament to the twenty sixth of August next. Scotland. Privy Council. 1696 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05627 Wing S1821 ESTC R183492 52529291 ocm 52529291 179059 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05627) Transcribed from: (Early English Books Online ; image set 179059) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:48) A proclamation for adjourning the Parliament to the twenty sixth of August next. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : 1696. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh the thirtieth day of June, and of Our Reign the eighth year, 1696. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion WR DIEV ET MON DROIT HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For Adjourning the Parliament to the Twenty sixth of August next . WILLIAM By the Grace of God , King of Great-Britain , France and Ireland , Defender of the Faith ; to Our Lyon King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , Conjunctly and severally , specially Constitute , Greeting ; Forasmuchas , We by Our Proclamation , of the Date the sixtenth Day of March last by past , with Advice of the Lords of Our Privy Council , did Adjourn the current Parliament of this Our ancient Kingdom , to the twenty first Day of July next to come : And whereas the present state of Our Affairs , doth not require the Meeting of Our Parliament , so soon as the said Day to which it is Adjourned : Therefore , We with Advice of the saids Lords of Our Privy Council , do Continue the said Adjournment from the said Day , to the twenty sixth Day of August next . And being desirous to prevent the unnecessary Trouble and Charges that the Members of Parliament may be put to , by ●ttending the said twenty first Day of July next ; Do hereby with Advice foresaid , Adjourn Our said current Parliament , until the said twenty sixth Day of August , next ensuing the Date hereof , Requiring all the Members of Our said Parliament , to attend that Day in the usual way , and under the Certifications contained in the several Acts of Parliament made thereanent . Our Will is herefore , And We Charge you strictly , and Command , That Incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat-Crosses of the remanent Head-burghs of the several Shires and Stewartries of this Our ancient Kingdom , And there by open Proclamation , make Intimation that our said Parliament is Adjourned to the said twenty sixth Day of August next to come , and Ordains these Presents to be Printed . Given under our Signet at Edinburgh the thirtieth Day of June , And of our Reign the eighth Year , 1696 . Per Actum Dominorum Secreti Concilii . GILB . ELIOT Cls. Sti. Concilii . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the King 's most Excellent Majesty . 1696. 
B05628	----	A proclamation for adjourning the Parliament. Scotland. Privy Council. 1696 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05628 Wing S1822 ESTC R226080 52529292 ocm 52529292 179060 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05628) Transcribed from: (Early English Books Online ; image set 179060) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:49) A proclamation for adjourning the Parliament. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : Anno Dom. 1696. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh the third of December, and of Our Reign the eight year 1696. Signed: Gilb. Eliot, Cls. Sti. Concilii. Continuing the adjournment of Parliament "from the eight day of December instant, to the eighteen day of March next to come." Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion WR DIEV ET MON DROIT HONI SIT QUI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For Adjourning the Parliament . WILLIAM By the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith ; To Our Lyon , King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as , by the last Act of the sixth Session of this Our present current Parliament , dated the twelfth day of October last by-past , Our said Parliament is Adjourned to the Eight day of December instant . And whereas the present state of Our Affairs does not require the meeting of Our Parliament so soon , as the said day , to which it was Adjourned . Therefore We , with advice of the Lords of Our Privy Council , do continue the Adjournment from the said Eight day of December instant , to the Eighteen day of March nixt to come : And being desirous to prevent the unnecessary trouble , and charges that the Members of Parliament may be put to , by attending the said Eight day of December instant , do hereby , with Advice foresaid Adjourn Our said current Parliament untill the said Eighteenth day of March nixt ●nsuing the date hereof . Requiring all the Members of Our said Parliament to attend that day in the usual way , and under the Certifications contained in the several Acts of Parliament made thereanent . OUR WILL IS HEREFORE , And We charge you strictly , and Command That in continent these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and to the Mercat Crosses of the remanent Head-Burghs of the several Shyres and Stewartries of this Our Ancient Kingdom , and there by open Proclamation , make Intimation , that Our said Parliament is Adjourned to the said Eightteenth day of March nixt to come . And Ordains these presents to be Printed . Given under Our Signet at Edinburgh the third of December , and of Our Reign the eight year 1696 . Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His Most Excellent Majesty , 1696. 
B05630	----	Proclamation for adjourning the Parliament. Scotland. Privy Council. 1699 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05630 Wing S1825 ESTC R226100 52529294 ocm 52529294 179062 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05630) Transcribed from: (Early English Books Online ; image set 179062) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:51) Proclamation for adjourning the Parliament. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the Kings most excellent Majesty, Edinburgh : Anno Dom. 1699. Caption title. Dated: Given under Our Signet at Edinburgh the last day of August, and of Our Reign the eleventh year 1699. Signed: Gilb. Elliot Cls. Sti. Concilii. Adjourning the Parliament "from the said twelvth day of September next to come, to the eight day of November next thereafter." Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Scottish thistle, French fleur-de-lis and Tudor rose PROCLAMATION For Adjourning the Parliament . WILLIAM by the Grace of GOD , King of Great-Britain France and Ireland , Defender of the Faith : To Our Lyon King at Arms and his Brethreen , Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuchas , We by Our Proclamation , of the Date the ninth day of June last by past , did Adjourn this Our current Parliament to the twelvth day of September next to come : And whereas the present state of Our Affairs , does not require the Meeting of Our Parliament so soon as the said Day to which it was Adjourned : Therefore We with Advice of the Lords of Our Privy Council are resolved to continue the said Adjournment from the said twelvth Day of September next to come , to the eight day of November next thereafter ; And that the Members of Our said Parliament be not put to unnecessary Trouble and Charges before that time ; We do hereby with Advice foresaid continue the Adjournment of Our said Parliament from the said twelvth day of September to the said Eight day of November next to come : And We do hereby Order and Require all the Members of Our said Parliament , to attend the said eight day of November next at Edinburgh , in the usual Way , and under the Certifications contained in the several Acts of Parliament made thereanent . OUR WILL IS HEREFORE , and We Charge you strictly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat Crosses of the Remanent Head-Burghs of the several Shires and Stewartries of this Our Antient Kingdom , and there by open Proclamation make Intimation , that Our said Parliament is Adjourned to the said eight day of November next to come : And ordains these presents to be Printed . Given under Our Signet at Edinburgh the last day of August , and of Our Reign the eleventh year 1699 . Per Actum Dominorum Secreti Concilii . GILB . ELLIOT Cls. Sti. Concilii . GOD Save the King Edinburgh , Printed by the Heirs and Successors of Andrew Anderson ' Printer to the Kings most Excellent Majesty , Anno Dom. 1699. 
B05638	----	Proclamation for apprehending Sir George Barclay Scotland. Privy Council. 1696 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05638 Wing S1838 ESTC R183499 53299285 ocm 53299285 180017 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05638) Transcribed from: (Early English Books Online ; image set 180017) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:42) Proclamation for apprehending Sir George Barclay Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson ..., Edinburgh, : 1696. Caption title. Initial letter. Title vignette: royal seal with initials W R. Intentional blank spaces in text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Barclay, George, -- Sir, fl. 1696. Conspiracies -- Great Britain -- 17th century -- Sources. Great Britain -- History -- William and Mary, 1689-1702 -- Early works to 1800. Scotland -- Politics and government -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion W R HONI SOIT QUI MAL Y PENSE DIEV ET MON DROIT PROCLAMATION For Apprehending Sir George Barclay . WILLIAM By the Grace of God , King of Great-Britain , France , and Ireland , Defender of the Faith : To _____ Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially , Constitute , Greeting : Forasmuch as , Sir George Barclay having entered into a Horrid and Detestable Conspiracy , with diverse other Wicked and Traiterous Persons , to Assassinate and Murder Our Sacred Person , is not yet apprehended and brought to Justice , but is supposed to have made his escape out of the Kingdom of England ( wher 's that execrable Villany was to have been Perpetrat ) and to have fled to , and taken his Refuge in this Our Ancient Kingdom ; And We being resolved to use all endiavours , to bring such a Barbarous Traitor to Condign punishment . Do therefore , Require and Command all Magistrats , and Ministers of Our Law , Officers of Our Army , and Souldiers under Our pay : and all other the good Subjects of this Our Antient Kingdom , whatsoever , to Discover , Seize upon ; Take and apprehend , the Person of the said Sir George Barclay , wherever he may be found , and to carry him to the next sure Prison , where he is to be detained till farther Order , and Our Privy Council to be immediatly acquainted therewith : And for the Encouragement of all Persons , to be diligent and careful in Discovering , and Apprehending the said Sir George Barclay , We do hereby Declare , that whosoever shall Apprehend the said Sir George Barclay , and deliver him to any Magistrat within this Kingdom , to be detained Prisoner as said is , shall receive , and have payed to them the Sum of One thousand pounds Sterling as a reward for their good service , which Sum We hereby require the Lords Commissioner of Our Treasury , to make payment of accordingly ; And in case any of Our good Subjects shall Kill , Mutilator hurt the said Sir George Barclay , or any person who shall presume to withstand Our good Subjects in the Apprehending of him , the saids Persons who shall Kill , Hurt , or Wound the said Sir George Barclay or any others who shall stand up Violently to Defend or withstand his being Apprehended , shall be hereby as sufficiently Indemnified , as if they had a Remission under Our Great Seal for the same : And farther , We hereby strictly Prohibite and Discharge all the Subjects of this Our Ancient Kingdom , to Conceal , Harbour , or Supplie the said Sir George Barclay , under the Pains of being proceeded against with all Rigor , according to the several Laws and Acts of Parliament made anent Harbouring , or Resetting Fugitives and Traitors . OUR WILL IS HEREFORE , and We Charge you strictly , and Command , that Incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh ; and to the Mercat Crosses of the whole remanent Head-Burghs of the several Shires and Stewartries within this Kingdom , and There in Our Name and Authority , by open Proclamation , make Publication of the Premises , that none may pretend Ignorance , And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the Seventh Day of May , and of Our Reign the Eight Year , 1696 . Per Actum Dominorum Secreti Concilii . GILB . ELIOT Cls. Sti. Concilii . GOD Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the Kings Most Excellent Majesty , 1696. 
B05640	----	A proclamation for apprehending the persons after-named, as having been in France contrair to the acts of Parliament. Scotland. Privy Council. 1696 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05640 Wing S1840 ESTC R183501 52528975 ocm 52528975 179070 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05640) Transcribed from: (Early English Books Online ; image set 179070) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:59) A proclamation for apprehending the persons after-named, as having been in France contrair to the acts of Parliament. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : Anno Dom. 1696. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the twelfth day of March, and of Our Reign the seventh year, 1696. Signed: Gilb. Eliot, Cls. Sti Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Treason -- Scotland -- Early works to 1800. Scotland -- Foreign relations -- France -- Early works to 1800. France -- Foreign relations -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION For Apprehending the persons After-named , as having been in France contrair to tke Acts of Parliament . WILLIAM by the grace of God , King of Great-Britain , France and Ireland , defender of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , Conjunctly , and Severally , Specially Constitute , Greeting ; For as much as by the Eighth Act of the fourth Session of this Our current Parliament ; It is Statute and Ordained , That none of the Subjects within this Kingdom without express leave from Us or Our Privy Council should presume to go to the Kingdom of France , or any of the Dominions subject to the French King after the first day of June one thousand six hundred ninety three , or being already in the said Kingdom of France , or Countries foresaid , should presume to stay or abide therein after the first day of August then next to come , without express leave from Us , or Our Privy Council under the pain of Treason : Nevertheless in manifest contempt of the foresaid Act of Parliament , and Us and Our Authority , Grahame Younger of Duntroon , Mr. Charles Kinnaird brother to the Lord Kinnaird , Mr. Alexander Maitland brother to the Earl of Lauderdale , Captain Deans , Captain Ruthven , Lieutenant Isaac Threcal , Lieutenant Auchmouty , Ensign Alexander Innes , Lieutenants Daniel and John Banes , Ensign William Ramsay , sometime in Hodge's Regiment , Ensign Alexander Sandelands sometime in Wauchop's Regiment , Ensign Laurence Drummond of Captain Robert Somervail , Captain William Davidson , Lieutenant William Main , Lieutenant James Henderson , Ensign Robert Southerland , Ensign Alexander Sinclair , Lieutenant John Bell , sometime in D'Offerel's Regiment , Ensign William Innes in D'Offerel's Regiment , Ensign William Lyon in the said Regiment , William and Hugh Southerlands Nephewes to Major General Southerland , Walter Nisbet son to Alexander Nisbet of Graigintinny , William Sinclair son to the deceas'd Sinclair of Dun , Thomas Clark brother to the deceas'd Mr. William Clark Advocat , Robert Kinloch of Mr , William Pearson son to Pearson sometime Minister at Stirling , Alexander Nisbet son to Nisbet Merchant in Glasgow , Mr. James Oswald sometime Chappeland to the Lady Halket , Cuthbert son to Cuthbert Provost of Inverness , Captain Patrick Grahame , Captains Robert and William Charters , Captain John Ramsay , Lieutenant Collonel Rattray , Lieutenant Collonel Oliphant , Lieutenant Colonel Douglas , Robert Stuart Agent in Edinburgh , Ensign John Menzies son to Menzies of Comrie , Major John Gordon , Captain James Adamson , Charles Farquharson Robert King , Captain John Livingston , Lieutenant John Creighton , Sir John M clain of that Ilk , Irwine of Stepletoun , Captain Mair ; have dared most presumptuously to repair and go to the said Kingdom of France , or being therein to Remain and Continue within the same , after the times prefixed by the foresaid Act of Parliament ; whereby they have manifestly incurred the pain of Treason specified in the said Act : And We being Informed that the saids Guilty Persons are Returned to , and Lurk within this Our ancient Kingdom without being Seased upon , and brought to Condign Punishment as their Crime deserves ; Therefore We with Advice of the Lords of Our Privy Council , hereby Require and Command , the Sheriffs of the several Shires within this Kingdom and their Deputs , The Stewarts of Stewartries , Baillies of Regalities and their Deputs , and Magistrats of Burghs within their Respective Jurisdictions , To search for , take , and Apprehend all and every one of the Persons above named , and commit them to safe Custody , and sure Firmance , and detain them Prisoners within their Respective Tolbuiths until they be brought to Tryal and condign Punishment for the Crimes above-written ; And that they report their Diligence in the Premisses to the Lords of Our Privy Council betwixt and the first day of Aprile next to come , under the pain of being reckoned Countenancers of , and Connivers at the saids Treasonable Persons ; As also We with Advice foresaid , Impower and Command all the Officers of Our Army , and Our other good Subjects within this Kingdom to Sease upon , Take , and Apprehend all or any of the Persons above-named , where ever they can be Discovered , And deliver them to the next Magistrat , to be Committed and detained Prisoners in manner above-specified and to the effect none of Our good Sujects may be Ensnared , or made partakers of the Guilt of the saids Persons by their Lurking among them . We with Advice foresaid Strictly Prohibit and Discharge any of Our Subjects within this Kingdom , to Harbour , Reset , Provide , or any ways Relieve and Supply any of the foresaids Persons ; but that they Deliver them up to one or other of the Magistrats foresaids to be Proceeded against according to Justice , under the pains contained in the Acts of Parliament made thereanent . OUR WILL IS HEREFORE , and We Charge you Strictly , and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and remnant Mercat-Crosses of the haill Head-Burghs of the several Shires and Stewartries within this Kingdom ; And there in Our Name and Authority , by open Proclamation make Intimation hereof , that none pretend Ignorance ; And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the Twelfth Day of March , And of Our Reign the seventh Year , 1696. Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . God Save the King. Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His Most Excellent Majesty , Anno DOM. 1696. 
B05641	----	Proclamation for bringing in and paying the arrears due by the forces in this country Scotland. Privy Council. 1694 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05641 Wing S1841 ESTC R226042 53981736 ocm 53981736 180368 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05641) Transcribed from: (Early English Books Online ; image set 180368) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:56) Proclamation for bringing in and paying the arrears due by the forces in this country Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to their most excellent Majesty, Edinburgh : 1694. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the sixteenth day of November. And of Our Reign the sixth year, 1694. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Pay, allowances, etc. -- Law and legislation -- Early works to 1800. Poll tax -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1689-1702 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion monogram of 'W' (William) superimposed on' M' (Mary) DIEV ET MON DROIT HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms PROCLAMATION For bringing in and paying the Arrears due by the Forces to the Countrey . WILLIAM and MARY by the Grace of GOD , King and Queen of Great-Britain , France and Ireland , Defenders of the Faith ; To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally specially constitute , Greeting ; Forasmuch as ; by the Ninth Act of the Fourth Session of this Our currant Parliament , for Pole-money , the same is most strictly Appointed and Destined , for payment of the Arrears due to the Countrey and Army , preceeding the first of February , One-Thousand six hundred and ninety one Years , In the first place : Prohibiting and Discharging the applying thereof to any other use whatsoever , and Certifying such as shall either give orders for mis-applying thereof , or intromet with the same , the Mis-applyers and Receivers thereof , shall be lyable conjunctly and severally in the double thereof , at the instance of any party concerned , and their privat Estates subject and lyable for the double of that which shall be so mis-applyed . And further , It is by the said Act Declared , That where the Arrears due to the Countrey , by the Forces , shall be first duely stated for any Burgh or Shire , conform to the Orders and Rules set down thereanent , the Burgh or Shire to whom the said Arrears shall be found due , shall have Retention , and get a Discharge of their Pole-money , in satisfaction of their said Arrears ; and where the Arrears due to any Shire or Burgh , exceeds the Pole-money due by the said Burgh and Shire , then and in that case the said superplus shall be ordered to be payed by the Lords of the Thesaury , out of the Pole-money due and brought in from other places , with regard always to the total of these arrears , and to the total of the said Pole-money , that the foresaid superplus may be payable , and payed proportionally , as the foresaid Act of Parliament , Impowering the Lords of Our Privy Council to Determine all Difficulties thereby undetermined , that may arise anent the Premisses , more fully bears . Likeas the saids Lords of Our Privy Council having thought fit , for the better Ingathering of the foresaid Pole-money , and for the more sure answering of the ends and uses to which it is Appropriat , as said is , that the said Pole-money should be set in Tack upon a Roup , for payment of the highest Tack-duty that should be offered ; We in prosecution of the said Act of Parliament , and Acts of Our Council , for Setting the foresaid Tack , Did by Our Proclamation of the Date the last of July last by past , require and Command all Burghs and Shires , to whom any Arrears were due , as said is , and who might pretend to the benefit of the foresaid Retention , to cause state and bring in their Accompts thereof to the Clerks of Our Privy Council , to the effect that they might be there Revised and Approven , and payment ordered accordingly , as the said Proclamation , bearing an express distinction of the Arrears due by the English Forces , from these due by the Scots Forces at more length proports And We being firmly resolved , That notwithstanding that few or none of the saids Shires and Burghs have obtained their the payment of the said Pole-money , to the effect they might have had the benefit of the Retention above provided : Yet nevertheless the Destination contained in the foresaid Act , for the payment of the said Arrears to the first place , shall be strictly and punctually kept , without any violation , or taking the least advantage of the foresaids Shires and Burghs , their neglect and omission ; Have therefore , and to make the foresaid Destination more effectual , and the payment of the said Shire and Burghs more sure and punctual , with the Advice of the Lords of Our Privy Council Ordered , Likeas , We with Advice foresaid , Do hereby Order and Appoint the foresaids Shires and Burghs ; As also , all others to whom any Arrears are due by Our Forces out of the Pole-money , to send in to the Clerks of Our Privy Council , the Accompts of their said Arrears , duly stated conform to former Orders , to be Revised and Approven by the Lords of Our Privy Council , and that peremptorly betwixt and the fifteenth Day of January next to come , Certifying all such as shall failȝie herein , that their Accompts shall not be hereafter received , in respect of their said neglect and Contumacy , and that their falling shart , or being delayed of the payment hereby for them intended , shall only be imputable to their own fault . And it is further hereby Declared , That when ever the foresaids Accompts , hereby ordered to be brought in , shall be Revised and Approven by the Lords of Our Privy Council , to whom We earnestly Recommend to dispatch the same with all diligence possible , then the Lords of Our Thesaury are with all due conveniency to give Precepts to the saids Shires and Burghs , and others concerned , upon Our Genetal Receivers for payment to them of the respective Sums that shall be found due by the saids Lords of Our Privy Council in manner foresaid , to the effect that Our said General Receiver , to whom the Tack-duty of the said Pole-money , is by the Tack set to the Farmours thereof , appointed to be paid at the Terms of Candlemass and Whitsunday next therein specified , may make punctual payment of the saids Precepts , after the foresaids Terms , and as he shall be ordered by the saids Lords of Our Thesaury . And lastly , it is hereby Declared , That these Presents so exactly calculat , for the furthering of the Countreys payment of the said Arrears , conform to the said Act of Parliament , shall be without prejudice to the Farmours of the Pole-money , of their uplifting of the same , as also of the payment , to be made by them of their Tack-duty , therefore , conform to the Tenor of their Tack in all points . OUR WILL IS herefore , and We Charge you strictly and Commands , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and , to the Mercat Crosses of the Head-Burghs of the several shires of this Kingdom , and there , in Our Name and Authority make publication hereof , that none pretend Ignorance . And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the sixteenth Day of November . And of Our Reign the sixth Year , 1694. Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD Save King William and Queen Mary . Edinburgh , Printed by the Heirs and Successors of Andrew Andersson , Printer to Their most Excellent Majesty , 1694. 
B05642	----	A proclamation, for bringing in arms out of some Western shires. Scotland. Privy Council. 1667 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05642 Wing S1842 ESTC R233125 53981737 ocm 53981737 180369 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05642) Transcribed from: (Early English Books Online ; image set 180369) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:57) A proclamation, for bringing in arms out of some Western shires. Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty, Edinburgh : Anno Dom. 1667. Caption title. Royal arms at head of text; initial letter. Text in black letter. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Weapons -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HONI SOIT QUI MAL Y PENSE A PROCLAMATION , For bringing in ARMS out of some VVest Shires . Edinburgh , the 25. of March , 1667. CHARLES , by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith. To Our Lovits , _____ Messengers , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as the late Rebellion , and rising in Arms in the Western Shires , is too great an evidence that there are man Disaffected Persons in these Places , who are ready to involve the Kingdom again in a bloody and unnatural war : And that we have just reason to suspect that these Rebels will be ready to lay hold in this opportunity , to rise in Arms , when we are necessitate to continue the war with Our Forraign Enemies . And not only to make use of such Arms , Powder and Ammunition , as they have concealed , or may be transported to them from Our Enemies ; but will seize upon the Arms of Our well affected Subjects , who reside amongst them , and are not able to make resistance : Which may endanger the Peace of the Kingdom , and weaken Our Forces , necessitating them at one time to oppose Forraign Invasions , and Intestine Commotions . As likewise , that according to their former wicked practices , they may invade the Ministers of the Gospel , who are lawfully admitted Preachers amongst them , and do violence or injury to their Persons , to the great contemnt of Our Authority , and scandal of the Reformed Religion , as it is now protest . Therefore , We , with Advice of the Lords of Our Privy Council , Command and charge all persons residing within the Shires of Lanerk , Air , Renfrew , Wigton , and the Stewartry of Kirkcudbright , betwixt and the first day of May next , to bring in all their Arms and Ammunition which they have in their possession , of whatsoever sort ( allowing Gentlemen only to carry Swords , and none other ) to the Head Burgh of the respective Shires and Stewartry ; and deliver the same to the Sheriff , his Depute , or any having his Order . With Certification to them , if they faylie , they shall be Fyn'd by Our Secret Council in the sums of Money underwritten ; viz. Jik Gentleman , in the sum of two thousand Merks ; and every other person , in the sum of five hundreth Merks ; to be divided , the one half to be paid to Our Exchequer , and the other half to any person who shall first discover the Concealers : And further , shall be proceeded against as seditious persons , and disaffected to Our Government , Likeas , We ordain the said Sheriff , his Depute , or any other appointed by him , immediatly upon the delivery of their said Arms or Ammunition , to carry the same of Striviling , or Dumbarton Castles , which shall be next adjacent ; there to be kept by the Governor thereof . As likewise , We Command and Charge , That all Heretors and Parishtioners , residing in any of the Paroches within the saids bounds , Protect and Defend the Persons , Famalies and Goods of their respective Ministers , within their several Paroches , from all Affronts and Injuries to be committed by insolent and disaffected Persons to the present Government ; as well when they are in the Exercise of the Ministerial Function , as residing at their own houses and Dwellings : with certification , that if any Injury or Affront shall be done to them , in their Persons or Goods , that the Parishtioners who shall suffer the same to be done , and not oppose the doing thereof , shall be repute and holden as art and part of the saids Crimes and Violence , and be proceeded against by Law , as guilty thereof , and punished according to the quality of their offence , with all rigour . And incase the saids Injuries shall be done by surprisal , That they follow and pursue the committers thereof , untill they apprehend their Persons , and present them to Our Secret Council , to be Judged by them , as they shall order : Otherwise we declare , that they themselves shall be lyable for such Reparation , Dammage and Interest , as the saids Lords of Council shall think sit to determine . And Ordains the saids Sheriffs to cause intimat these presents , by Publick Proclamation , at the Mercat-Crosses of the head Burghs of the saids respective Shires and Stewartries : And cause read the same at all the Paroch Churches within the saids Shires and Stewartry , upon a Sunday before noon , after Divine Service , with all diligence : And that these presents be printed , that none pretend ignorance . EDINBURGH , Printed by Evan Tyler , Printer to the Kingsmost Excellent Majesty , Anno Dom. , 1667. 
B05644	----	A proclamation, for bringing in the accompts due by their Majesties forces. Scotland. Privy Council. 1690 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05644 Wing S1843 ESTC R183503 52528976 ocm 52528976 179071 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05644) Transcribed from: (Early English Books Online ; image set 179071) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:60) A proclamation, for bringing in the accompts due by their Majesties forces. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1690. Caption title. Royal arms in ornamental border at head of text; initial letter. Text chiefly in black letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the fourth day of August, and of Our Reign the second year, 1690. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Finance -- Law and legislation -- Early works to 1800. Requisitions, Military -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , For Bringing in the Accompts due by Their Majesties Forces . WILLIAM and MARRY , by the Grace of GOD , King and Queen of Great Britain , France , and Ireland , Defenders of the Faith ; To Our Lovits , _____ Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly , and severally , specially constitute , Greeting : Forasmuch , as by an Act and Proclamation of Our Privy Council , of the date , the tenth day of January , 1690 pears , The Lords of Our Privy Council , by Our special warrand and Authority , Did Require and Command the Commissioners of Assessment , or excise , or either of them , where any of Our Forces have been Quartered , to make Intimation by beating of Drums , and publick Proclamation at the several Mercat-Crosses , that the Land-Lords and other might bring in their Accompts , due by Our Forces to them , betwixt and the twentieth day of February last by past ; And We Considering , That by an Act of the Second Session of Our Current Parliament , there is a Fond secured for payment of what is due by Our Forces to the Countrey ; And We out of Our Royal Care , being earnestly desirous that these who have so seasonably and willingly furnished any of Our Forces , with Meat , Drink , Forrage , and other necessary Provisions , or have advanced , or payed to them any sums of Money for their Subsistence , should be thankfully re-imbursed , and satisfied for the famine ; And in respect that the former Proclamation took not its full effect , and that since the day therein prefixed , there may be Debts contracted by Our Forces , yet resting unpayed ; Therefore We , with advice of Our Privy Council , Do hereby Allow and Ordain , the saids Land-lords to repair to the saids Commissioners of Assessment and Excise , or any two of them , and before them state and verifie by Writ , or Witnesses , how many Soldiers were quartered on them , and how long , and by Writ , or the Oath of the Land-lord , what they advanced to them , not exceeding two thirds of their Pay , and that they have received no part thereof , and report the saids Accompts due to them by the Forces , as well upon the Scots as English Establishment , with the verifications and probations thereof , to the Clerks of Our Privy Council , betwixt and the first day of November next to come , with Certification to the saids Land-lords and others , to whom Our saids Forces are adebted , that if the saids Accompts be not reported betwixt and the said day , that thereafter they shall be understood as satisfied : And to the end that all persons concerned may have timous notice of Our Pleasure in the Premisses ; Our Will is herefore , and We Charge you straitly and Command , that ye passe to the Mercat-Cross of Edinburgh and the remanent Mercat-Crosses of the Head-burghs of the several Shires and Stewartries within this Kingdom , and in Our Name and Authority , make Publication hereof , that none may pretend ignorance . And We Ordain these Presents to be Printed , and Published in manner foresaid . Given under Our Signet at Edinburgh , the fourth day of August . And of Our Reign the second year , 1690. Per actum Dominorum Sti. Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD save King WILLIAM and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anne Dom. 1690. 
B05647	----	A proclamation, for calling of the Parliament. Edinburgh, the fifteenth day of July, one thousand six hundred and sixty nine. Scotland. Privy Council. 1669 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05647 Wing S1846A ESTC R183506 52612327 ocm 52612327 179631 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05647) Transcribed from: (Early English Books Online ; image set 179631) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:25) A proclamation, for calling of the Parliament. Edinburgh, the fifteenth day of July, one thousand six hundred and sixty nine. Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the King's most excellent Majesty, Edinburgh : 1669. Caption title. Royal arms at head of text; initial letter. Text in black letter. Signed: Tho. Hay, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion HONI SOIT QUI MAL Y PENSE A PROCLAMATION , For Calling of the PARLIAMENT . Edinburgh , the fifteenth day of July , one thousand six hundred and sixty nine . CHARLES , by the Grace of GOD , King of Scotland , England , France and Ireland , Defender of the Faith ; To all and sundry Our good Subjects , whom these presents do or may concern , Greeting . Forasmuch as , upon divers great and weighty considerations , relating to the establishment of the quiet and happiness of this Our ancient Kingdom in all its Interests , and for the good of Our Service ; We do think it necessary to call a Parliament , to be held at Edinburgh , and to begin the nineteenth day of October next , at which time , Our Commissioner , sufficiently authorized and instructed by Us , shall be present . Therefore , We , with advice of the Lords of Our Privy Council , do hereby require and command , all the Lords Spiritual and Temporal , the Archbishops and Bishops , the Dukes , Marquesses , Earls , Discounts , Lords , and Our Officers of Estate of this Kingdom , to be present at Our Parliament the said day : As also , We do require and command all those who have right to choose Commissioners for the several Shires , to meet within the respective Shires at the Michaelmas head Court next ensuing , and make their Elections according to Law ; And sicklike , We require and command Our Royal Burroughs to meet in due time for choosing of their Commissioners ; And that the Lords Spiritual and Temporal , and Our Officers of Estate aforementioned , Commissioners of Shires and Burroughs , and all other persons concerned and having interest , be present at Edinburgh the foresaid nineteenth day of October , to keep this meeting of Our Parliament , under the pains contained in Our Acts of Parliament made thereanent . And that all Our good Subjects may have notice of this Our Royal Will and Pleasure , We do hereby command Our Lyon King at Arms , and his brethren Heraulds , Macers , Pursevants and Messengers at Arms , to make timeous Proclamation hereof at the Mercat-crosse of Edinburgh , and at the Mercat-crosses of the head Burroughs of the several Shires of this Our Kingdom , that none pretend ignorance . Tho. Hay , Cls. Sti Concilii . EDINBURGH , Printed by Evan Tyler , Printer to the King 's most Excellent Majesty , 1669. 
B05649	----	A proclamation for choosing the additional representatives of barons to the Parliament Scotland. Privy Council. 1690 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05649 Wing S1856 ESTC R183508 53981738 ocm 53981738 180370 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05649) Transcribed from: (Early English Books Online ; image set 180370) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:58) A proclamation for choosing the additional representatives of barons to the Parliament Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1690. Caption title. Initial letter. Dated at end: Given under Our Signet at Edinburgh, the fourth day of August, 1690. And of Our Reign the second year. Signed: Gilb. Eliot Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Elections -- Early works to 1800. Scotland -- Politics and government -- 1689-1702 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION For Choosing the Additional Representatives of Barons to the Parliament . WILLIAM and MARY by the Grace of GOD ; King and Queen of Great Britain , France and Ireland , Defenders of the Faith , to Our Lovits , _____ Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as by an Act of the Second Session of Our Current Parliament , of the Date the Fourteenth day of June , One thousand six hundred and ninety years , We with the Advice and Consent of the Estates of Parliament , have Statute and Ordained , that in all Parliaments , Meetings and Conventions of Estates , from thenceforth , and thereafter , the Barons and Free-holders of the Shires after-mentioned , shall add to their former Representation , the number of Commissioners after-exprest , viz. The Shire of Edinburgh two , the Shire of Hadingtoun two , the Shire of Berwick two , the Shire of Roxburgh two , the Shire of Lanerk two , the Shire of Dumfreis two , the Stewartry of Kirkcudbright one , the Shire of Air two , the Shire of Stirling one , the Shire of Perth two , the Shire of Aberdene two , the Shire of Argile one , the Shire of Fife two , the Shire of Forfar two , and the Shire of Renfrew one : Declaring , that the said Act should take effect in the next Session of our Current Parliament : And We considering , that by the said Act , there is no day or days prefix'd by Us and Our Estates of Parliament , for Conveening the Barons and Free-holders within the respective Shires above-mentioned ; Do therefore with Advice and Consent of the Lords of Our Privy Council hereby Ordain all the Barons , Free-holders , and others , who by Law have a Vote in the Election of Commissioners , to Meet and Conveen at the Head Burghs of the respective Shires and Stewartrie above-mentioned , upon the particular days after exprest , viz. These of the Shires of Edinburgh , Berwick , Lanerk , and Fife , upon the Twelfth of August instant , and these of the Shires of Hadingtoun , Roxburgh and Perth , upon the Fourteenth day of the said Current Moneth ; These of the Shires of Dumfreis , Stirling , Renfrew , and Forfar , upon the Fifteenth day of the said Moneth ; These of the Stewartry of Kirkcudbright , the Shires of Air and Argile upon the Ninteenth day of the said Moneth , and these of the Shire of Aberdene upon the Twenty seventh day of the said Moneth of August instant . And that the saids Barons , Free-holders , and others foresaids , may have the more timely notice hereof , We , with Advice and Consent foresaid , appoint the Sheriff-Clerks of the several Shires above-mentioned , and the Stewart-Clerk of the Stewartry of Kirkcudbright , immediatly upon receipt hereof , to cause make Publication and Intimation of the Premisses , not only at the Mercat-Crosses of the Head Burghs of the several Sheriffdoms , and Stewartrie above-exprest ; But likewise at the several Paroch-Church-Doors within the respective Jurisdictions foresaid , upon a Sabbath day in the Forenoon , after Divine Service , preceeding the time of the saids respective Elections . And whereas by an Act of the Second Session of Our Current Parliament , all the Electors of Commissioners , before they proceed to choose their Representatives , are appointed to Swear and Sign the Oath of Allegiance to Us , under the Certification and Penalty contained in the said Act of Parliament : And that by another Act of the Second Session of the same Parliament , all Persons who are in Law obliged to Swear and take the Oath of Allegiance , are appointrd to Subscribe the Certificat , and Assurance subjoyned hereto . Therefore We , With Advice foresaid , Command and Require all the Barons and Free-holders of the respective Shires and Stewartries above-mentioned , to Swear and Sign the Oath of Allegiance to Us , and also Subscribe the Certificat and Assurance above-mentioned , before they proceed to their Election , under the pains and Penalties contained in the saids Acts of Parliament . And We Ordain these presents to be Printed and Published at the Mercat-Cross of Edinburgh , and whole remanent Crosses of the Head Burghs of the several Sheriffdoms and Stewartrie above-written , and to be intimat at the several Paroch Church-doors within the respective Jurisdictions , in manner foresaid , that none may pretend ignorance . Given under Our Signet at Edinburgh , the Fourth day of August , 1690. And of 0ur Reign the Second Year . Per Actum Dominorum Sti. Concilii . GILB . ELIOT Cls. Sti. Concilii . Follows the Certificat and Assurance . I _____ Do in the Sincerity of my Heart , Assert , Acknowledge and Declare , That Their Majesties , King William and Queen Mary , are the only Lawful Undoubted Soveraigns , King and Queen of Scotland , al 's well de Jure as de facto , and in the Exercise of the Government ; And therefore I do Sincerely and Faithfully Promise and Engage , That I will with Heart and Hand , Life and Goods , Maintain and Defend Their Majesties Title and Government , against the late King James , his Ad●erents , and all other Enemies , who either by open , or secret Attempts , shall Disturb , or Disquiet Their Majesties in the Exercise thereof . God Save King VVilliam and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anno Dom. 1690. 
B05651	----	Proclamation for compleating the levy for the thousand men, for the year 1697. And in case of deficiency to poynd the leaders. Scotland. Privy Council. 1697 Approx. 9 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05651 Wing S1859 ESTC R183509 53299287 ocm 53299287 180019 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05651) Transcribed from: (Early English Books Online ; image set 180019) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:44) Proclamation for compleating the levy for the thousand men, for the year 1697. And in case of deficiency to poynd the leaders. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson ..., Edinburgh, : Anno Dom. 1697. Caption title. Initial letter. Imperfect: stained, with slight loss of text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting, enlistment, etc. -- Law and legislation -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-07 Emma (Leeson) Huber Sampled and proofread 2008-07 Emma (Leeson) Huber Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion PROCLAMATION For Compleating the Levy for the thousand Men , for the Year 1697. And in case of deficiency to poynd the Leaders . WILLIAM By the Grace of God , King of Great-Britain , France and Ireland , Defender of the Faith : To Macers of Our Privy Council , Messengers at Arms ; Our Sheriffs in that part , Conjunctly and severally ; specially Constitute Greeting ; Forasmuch , as We by Our Proclamation , of the Date the sixteenth day of December last by past , did Require and Command the Commissioners of Supply within the several Shires of this Kingdom , to have Met upon the Days , and at the Places mentioned in the said Proclamation ; And there and then to have Designed and had in Readiness in manner , and Conform to the twenty third Act last Session of this current Parliament ; and Method therein set down ; The respective Numbers of Men particularly mentioned in the foresaid Proclamation , or Twenty four Pound Scots for each Man not delivered to , or received by the Officers sent by Order of Our Privy Council , or of Collonel George Hamilton Collonel to one of Our Regiments of Foot in Flanders , at the head Burghs of the several Shires and Stewartries of this Kingdom , at the Days particularly mentioned in the foresaid Proclamation : And albeit Officers did attend at the head Burghs of the saids respective Shires and Stewartries at the Time and upon the Days prefixed in Our former Proclamation , to have received the Men from the saids respective Shires and Stewartries which they were to Furnish for this year , or Twenty four Pounds for each undelivered Man , conform to the foresaid Act of Parliament : Nevertheless in many Shires , neither Men nor Money were delivered , to the great Detriment of Our Service ; and Disappointment of Our Officers , who thereby were to make the Recruits necessary for Our Troops in Flanders , and to the great Expense of the saids Officers and their needless Attendance ; Therefore We with Advice of the Lords of Our Privy Council , Require and Command the Commissioners of Supply , of all the Shires and Stewartries within this Kingdom , to Meet , and timeously design Leaders for the respective Proportions of Men to be Furnished by their saids Shires or Stewartries ; and which Leaders so designed for all the Shires and Stewartries upon this side of Tay , We with Advice foresaid , Require and Command to Provide and have in Readiness the respective Numbers of Men , which they as Leaders are appointed to Furnish ; or Twenty four Pounds Scots for each undelivered Man ; Which Men or Money foresaid , are to be delivered or payed in by them , at the head Burghs of the respective Shires or Stewartries , to such Officers or others as shall be sent by the Lords of Our Privy Council , or the said Collonel George Hamilton , sufficiently Impowered by written Orders and Warrands upon the Twentieth day of this Instant Month of February . And the respective Leaders for all the rest of the Kingdom , to deliver or pay their Men or Money , at the respective head Burghs of their Shires or Stewartries , to the Persons to be sent and Impowered in manner foresaid , upon the First day of March next to come ; with Certification to the saids Commissioners , who shall not design Leaders within their respective Bounds , they shall be lyable to the Penalties for their Failȝour therein , mentioned in the Acts of Parliament made anent the Militia . And We with Advice foresaid , Certifie , Declare and Decern , that such of the Leaders who shall faill to deliver the Men , or pay the Money to the Persons so to be sent and Impowered in manner foresaid , at the Places , and upon the Days respective above-mentioned , they shall be lyable to the saids Persons Impowered to receive the same , in the Sum of One hundred Pounds Scots for each Man that shall not be delivered , or the said Sum of Twenty four Pounds Scots in Money payed for him , in manner foresaid ; which hundreth Pounds is presently to be Exacted and Raised from the respective deficient Leaders in manner specified , and appointed for Deficiency in the Outreicks to the Militia , by the second Act , second Parliament King Charles the Second : Conform whereunto , We with Advice foresaid , Authorize and Impower the Commissioners of Supply , or any two of them , after Tryal taken , that the respective Leaders , or any of them have been Deficient in the delivery of their Men , or Payments foresaids , to give Order and Warrand to any Person whom they shall think fit , ( whom We hereby make and Constitute Our Sheriff in that part to that effect allenarly ) to Poynd and Destrinȝie , the readiest Goods and Gear of the saids deficient Leaders , wherever the same may be found ; Appryse and make Sale thereof towards the payment of the said hundred Pounds for each undelivered Man to be specified in the said Warrant , and the Charges and Expenses of the Poynding and Apprysing , ( these Charges always not exceeding the Sum of ten Pounds Scots Money for each hundred Pounds , ) for which the Poynding shall be used , with power to our said Sheriff in that part , by vertue of that Order , to Poynd the Goods , without necessity of carrying the same to the Paroch-Church , or Mercat-Cross of the Head-Burgh of the Shire , or Stewartry to be Apprysed , and to do and act in the Execution of the said Order , sicklike as a Messenger at Arms may do by the Law , in Execution of Letters of Poynding and Apprysing given under our Signet : Providing always , that the Goods Poynded be Valued and Apprysed by two honest Sworn Men , whose Oaths , the said Sheriff in that part , is Authorized to take for that effect . And Declares that it shall be leisum to the Party , from whom the Goods shall be Poynded , to redeem the same within six days after the Poynding , by payment of the Sums for which the Poynding shall be used , Expenses of the Poynding foresaid , and fourty Shilling Scots Money for each day during the not Redemption . And in case the Goods be not redeemed within the space foresaid , Declares , that it shall be lawful to the said Person , Officer , or other , to whose Behove the Goods are Poynded , to retain the Goods , or sell the same , he satisfying the Party , from whom the Goods were Poynded , of the superplus Price , if any be , after Deduction of the third of the Sum to which they were Apprysed , and fourty Shilling Scots for ilk day during the space the Party had power to redeem : And Declares the said Warrand , Signed by two of the saids Commissioners , to have the Force and Strength of a Decreet ; and that there is no necessity of any Precept , or Charge to follow thereon ; but that the Poynding and Apprysing so used , by vertue of the said Warrant is and shall be as lawful and valid , as if all the Solemnities requisit and usual in Poyndings , were observed conform to the foresaid Act concerning the Militia , in all Points according to which , the Numbers of Men to be Outreiked for Our Service in this present year , were to be furnished . OUR WILL IS HEREFORE , and We Charge you strictly and Command , that incontinent these our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat-Crosses of the remanent Head-Burghs of the several Shires and Stewartries within this Kingdom , and there in Our Name and Authority , by open Proclamation , make Intimation hereof , that none pretend Ignorance . And We hereby Ordain Our Sollicitor to Transmit Copies hereof to the several Clerks to the Commissioners of Supply of the several Shires and Stewartries within this Kingdom . And We Require and Command them to give Advertisement in Writing , to the several Leaders within their Bounds , of the days prefixed for Delivery of their said Men , or the said twenty four Pounds Scots , and of the Certification and Penalty above-set-down , in case of failȝie , with the Execution to follow hereupon , for exacting thereof , as they will be Answerable . And Ordains these Presents to be Printed and Published . Given under Our Signet at Edinburgh , the tenth Day of February , And of Our Reign the eight Year , 1697. Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His most Excellent Majesty , Anno DOM. 1697. 
B05654	----	A proclamation, for delivery in of the arms and ammunition &c. lately brought into this Kingdom by the late Earl of Argile, and other rebels. Scotland. Privy Council. 1685 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05654 Wing S1862 ESTC R183512 52612328 ocm 52612328 179632 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05654) Transcribed from: (Early English Books Online ; image set 179632) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:26) A proclamation, for delivery in of the arms and ammunition &c. lately brought into this Kingdom by the late Earl of Argile, and other rebels. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : 1685. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. With a list of those present in council under title. Dated at end: Given under Our Signet at Edinburgh, the twenty fourth of July, 1685. And of Our Reign the first year. Signed: Col. Mackenzie, Cls. Sti. Concilij. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Argyll, Archibald Campbell, -- Earl of, 1629-1685 -- Early works to 1800. Treason -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Elspeth Healey Sampled and proofread 2008-03 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , For Delivery in of the Arms and Ammunition , &c. lately brought into this Kingdom by the late Earl of Argile , and the other Rebels . Present in Council , The Earl of Perth , Lord High Chancellor . The Duke of Queensberry , Lord High Th●s●●●●… . The Earl of Dramlanrlg . The Earl of Ma● . The Earl of Sout●erk . The Earl of P●●●…re . The Earl of Tweddale . The Earl of Belcarras . The L. Viscount Tarbet . The L. Livingstoun . The L. Yester . General Dalyell . The L. Advocat . The L. Justice-Clerk . The L. Castlehill . The Laird of Drumelzi●● . JAMES by the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith , To _____ Macers of Our Privy Council , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as , We understanding that several of the Arms and Ammunition , and other Warlike Provision , lately brought into this Kingdom , by Archibald late Earl of Argyle , and his Traiterous Accomplices , are Intrometted with , Seized on and Dispersed through the Countrey , which may be of ill Consequence to Our Government , if Remeed be not provided there-against , both for In-bringing of what of the saids Arms and Ammunition , and other Warlike Provision remains yet undisposed of , and discovering what thereof has been given , bought or sold in the Countrey . We therefore , with Advice of Our Privy Council , hereby strictly Require and Command , all Our Subjects , who have any ways Intrometted with the saids Arms , Ammunition , &c. either by Seizing or Buying , or otherwise been delivered to them , to bring in , and deliver the same to Our Magazines of Our Castles of Edinburgh , or Dambartoun , within the space of one Moneth after the date hereof ; Certifying them , if they ●ailzie so to do : And that if any part of the saids Arms , or Ammunition &c. shall be found with them thereafter , that they , and these who have , or shall any ways intromet therewith , shall not only be proceeded against , and punished as Thieves , and resetters of Thift , but as disaffected to Our Government , and incouragers of Our Enemies , with the outmost severity of Law : And that Oar Pleasure in the Premisses may be known : OUR WILL IS , and We charge you strictly , and Command , That incontinent these Our Letters seen , ye pass to the Mercat-Cross of the Head-burghs of the Shires of this Kingdom , and other Places needful , and there in Our Name and Authority , by open Proclamation make publication of this Our Royal Proclamation , that none concerned may pretend ignorance . Given under Our Signet at Edinburgh the Twenty fourth of July , 1685. And of Our Reign the first Year . Per Actum Dominorum Secreti Concilij . COL . MACKENZIE , Cls , Sti. Concilij . GOD save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His Most Sacred Majesty . 1685. 
B05661	----	Proclamation for making up men deficient in the last levies. Scotland. Privy Council. 1694 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05661 Wing S1879 ESTC R226041 52528980 ocm 52528980 179079 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05661) Transcribed from: (Early English Books Online ; image set 179079) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:68) Proclamation for making up men deficient in the last levies. Scotland. Privy Council. England and Wales. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : 1694. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the second day of August, and of Our Reign the sixth year, 1694. Signed: Gilb. Elliot. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Recruiting, enlistment, etc. -- Law and legislation -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 Emma (Leeson) Huber Sampled and proofread 2008-05 Emma (Leeson) Huber Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms HONI SOIT QUI MAL Y PENSE PROCLAMATION For making up Men deficient in the last Levies . WILLIAM and MARY , by the Grace of God , King and Queen of Great Brittain , France , and Ireland , Defenders of the Faith , To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that Part , Conjunctly and Severally , specially Constitute , Greeting ; FOR AS MUCH AS , in Prosecution of the seventh Act of the fourth Session of this Our current Parliament , cheerfully offering to Us , a present Levy of two thousand nine hundred and seventy nine Foot , to be Levyed off the several Shires and Burghs of this Kingdom , effeiring to the Proportions and Numbers set down in the foresaid Act. The Lords of Our Privy Council , conform to the Power given to them in the foresaid Act of Parliament , by their Instructions to the Commissioners of Supply within the several Shires of this Kingdom , of the Date the eighth day of February last by past : appointed the saids Commissioners furthwith , to make exact Lists of the Heretors and Lands lyable in the said Levy , that so it might be perfectly known who were lyable . And in case any men were to be put out by Fractions , and that they could not agree who should furnish the body of the man , the saids Commissioners should order the Fractions to meet at a certain day and place , and there determine it by an equal Lot , effeiring to their respective Numbers of Men , or the quantities of their respective Valuations , as the use was in every Shire ; so that every Lotter was to have as many Lots , as he had Numbers of Men , or quantities of valued Rent sufficient for the Outreik of a man : And in case any of the saids Fractions should not meet , or should refuse to Lot , the saids Commissioners were authorized to appoint such as they should think fit , to meet and Lot for them . And in case the person upon whom the Lot fell to put out a man for himself and his Fraction , should fail in furnishing the man , or should furnish an insufficient man ; then the Tennents and Possessors of the Lands and Ground belonging to the saids persons who should have put out the man , should be lyable ; and the person upon whom the Lot did fall , and who failȝied to put out the man in manner foresaid , should be decerned in the Sum of two hundred Merks . To which Act of Parliament and Instructions foresaid , We expected punctual and exact Complyance and Obedience . Yet , not only a great many outreicked and furnished to serve as Souldiers in the said new Levy , are rejected and sent home as Insufficient ; but likewise , many lyable to outreick and furnish men for the said Levy , are deficient and altogether wanting , in sending out the Numbers of men wherein they are lyable , conform to the said Act of Parliament and Instructions foresaids , and thereby have Incurred the Penalties contained in the saids Instructions , by and attour their being lyable for the persons of the men whom they were to have outreiked , conform to the said Act of Parliament and Instructions . Therefore , and for the more effectual providing the said men , and compleating the number of Souldiers offered to Us by the foresaid Act of Parliament , and exacting the Penalties Constitute in the foresaids Instructions ; We , with Advice of the Lords of Our Privy Council , peremptorly Require and Command the Sheriff , of the several Shires , and their Deputs , Stewarts of Sewartries , Baillies of Regalities , and their respective Deputs , and Magistrats of Burghs Royal , within this Our antient Kingdom , as they wil be answerable , each of them within their own respective Jurisdictions , presently upon sight hereof , to call for a List of the deficient men within their respective Bounds , and of the Persons who should have put out the same and upon recept thereof , where no Lotting hath been made for Fractions , that he immediatly cast Lots amongst the saids Fractions , who shall put out the man one or more , and then shall pass to the Ground of his Lands upon whom the Lot shall happen to fall , and there immedialy pitch upon , take and apprehend a sufficient man out of his said men , able to serve Us as a Souldier , and commit them Prisoners to the Prison of the head Burgh of the Shire , there to be keeped at four shillig Scots per diem , upon the Expenses of the Officer who is to receive him upon advertisement from the Sheriff , or other Judge foresaid who causes apprehend and commit him to the said Prison : and which Allowance is to be refounded to the said Officer , by the Pay of the said Souldier , which is to be allowed to him for the said person , from the day of his being committed , as if he had been Listed and Inrolled as a Souldier in Our Service ; and in like manner , shall apprehend sufficient men upon the Ground of the Lands of these who are deficient , according to the numbers they have not put out , and are lyable to , whether by the Rule of the Militia specified in the Act of Parliament , or other ways ; and deliver them to the next Commanding Officers , in manner , and to the end above mentioned : and likewise , that they cause exact the Penallies mentioned in the saids Instructions , from all who have incurred the same , by and attour the apprehending and delivering the man , in manner foresaid . OUR WILL IS HEREFORE , and We Charge you strictly , and Command , that in continent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat-Crosses of the Remanent Burghs of the whole Shires of this Kingdom , and there in Our Name and Authority , make publick Intimation of the Premisses , that none may pretend Ignorance . Given under Our Signet at Edinburgh the second day of August , and of Our Reign the sixth Year , 1694. Per Actum Dominorum Secreti Concilii . GILB . ELLIOT . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson ; Printer to Their most Excellent Majesties . 1694. 
B05662	----	A proclamation for observing the staple-port at Camphire. Scotland. Privy Council. 1692 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05662 Wing S1880 ESTC R183519 52528981 ocm 52528981 179080 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05662) Transcribed from: (Early English Books Online ; image set 179080) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:69) A proclamation for observing the staple-port at Camphire. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : Anno. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the eleventh day of August, and of Our Reign the fourth year, 1692. Signed: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Maritime law -- Scotland -- Early works to 1800. Foreign trade regulation -- Scotland -- Early works to 1800. Scotland -- Commerce -- Netherlands -- Early works to 1800. Netherlands -- Commerce -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion RR DIEV ET MON DROIT HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For Observing the Staple-port at Camphire , WILLIAM and MARY by the Grace of GOD , King and Queen of Great-Britain , France and Ireland , Defenders of the Faith ; To Macers of our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as by many antient Contracts past betwixt the Royal burghs of this our antient Kingdom , and the Town of Camphire in Zeland , and which have been approved by the Kings our Predecessors , the whole Trade and Commerce , as to the Staple-commodities exported from this our Kingdom , to the seventeen Provinces of the Nether-lands , has been Settled and Established at the said Town of Camphire , as being found by experience the fittest place for the Scots Staple , and there being in the former Reigns of our Royal Predecessors many Proclamations issued forth , requiring all our Subjects traveling to the seventeen Provinces of the Netherlands , to export all Staple-goods and Commodities to the said Staple-port , and to no other Port nor place , and ordaining the Laws and Acts of Parliament , and Acts of the Convention of the Royal-burghs to be put to due and vigorous Execution , for the full Observance of the same : And We being informed , that of late , the Staple-trade of this Kingdom , hath been altogether diverted from the said Staple-port at Camphire , and carried to Roterdam , and other places in the Nether-lands , to the great Prejudice and Discouragement of Trade , and contrair to the foresaid Agreement with Camphire , from presences that the said Town of Camphire neither could , nor would furnish sufficient Convoyes , for convoying the saids Ships , both out-ward and in-ward bound , from and to the said Port now in the time of War. And now it being Certified to us , that the Magistrats of the Town of Camphire have engadged to the Royal-burghs , that they will furnish sufficient Convoyes , for securing of the Trade betwixt that Port and the Firth and Road of Leith , twice in the year , viz. against the middle of September , and the middle of March yearly , commensing from the middle of September next ; And We being fully Resolved , that all the standing Laws and Acts of Parliament , and Acts of Convention of our Royal-burghs , be put to full and vigorous Execution , for the more due Observance of the said Staple-port for the future ; Do therefore with Advice of the Lords of our Privy Council , hereby require all our Subjects to give all due and exact Obedience to the foresaids Acts made for observing of the Staple-por● Discharging all Merchants and Skippers , or any other our Subjects , to export forth of this our Kingdom , any Goods or Commodities , that are or shall be declared to be Staple Commodities , to any other Port or Place in the Nether-lands , but only to the said Staple-port and Town of Camphire in Zeland , under the Pains and Certifications mentioned in the saids Acts of Parliament , and Acts of the Convention of Burghs , which Pains and Penalties , We ordain to be exacted from the Transgressors with all rigour , and that they be further proceeded against , as our Council shall find Cause . And further , We with Advice foresaid , do hereby Require the General Farmers , Tacksmen , or Collectors of our Customs , and their Sub-collectors , Surveyers for the time being , that they make exact search and tryal of all Staple goods and Commodities that shall be hereafter transported forth of this Kingdom , to any Port of the seventeen Provinces of the Nether-lands , and take sufficient Security from the Merchants or Skippers transporters thereof , that they shall transport the same to the said Staple-port at Camphire , and at no other Place nor Port within the said seventeen Provinces , and that they shall not break Bulk before their arrival thereat , conform to the Acts of Parliament , oblidging the said Exporters to report Certificats from the Conservator , or his Deputs at Camphire , bearing , that the said Staple-commodities were livered thereat , without breaking Bulk ; And We do Ordain the saids Testificats , to be delivered in Quarterly by the Collectors at the several Ports , to the Agent of our Royal-burghs for the time , to the end exact Diligence may be done by him , against all the Transgressors of the said Staple , conform to the saids Acts. OUR WILL IS HEREFORE , and We charge you strictly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-cross of Edinburgh , and whole remanent Royal-burghs of this Kingdom , and other places needful , and thereat , in Our Name and Authority , by open Proclamation make publication of the Premisses , to the effect , Our Royal-burghs , and all Merchants and other Persons , may have timeous notice hereof , and give due and punctual Obedience thereto , as they will be answerable at their outmost Perril , The which to do , We commit to you conjunctly and severally Our full Power by these Our Letters , delivering them by you duely Execute , and Indorsed again to the Bearer , And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the Eleventh day of August , and of Our Reign the fourth Year , 1692 . Per actum Dominorum Secreti Concilii . In Supplementum Signeti . GILB . ELIOT , Cls. Sti. Concilii GOD save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anno DOM , 1692 
B05663	----	A proclamation for opening the mint Scotland. Privy Council. 1687 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05663 Wing S1881 ESTC R233626 53981580 ocm 53981580 180371 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05663) Transcribed from: (Early English Books Online ; image set 180371) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2826:59) A proclamation for opening the mint Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1687. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the twentieth day of January, 1687. And of Our Reign the second year. Signed: Will. Paterson, Cls. Sti. Concilii. Imperfect: creased with slight loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Mints -- Scotland -- Early works to 1800. Coinage -- Law and legislation -- Scotland -- Early works to 1800. Finance, Public -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion I 7R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For Opening the Mint . JAMES , by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Our Lyon King at Arms , an● his Brethren Heraulds , Macers of Our Privy Council , Pursevants , o● Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as W● 〈…〉 That Our Mint should be Op●ned , and that a free Coynage should 〈◊〉 therein , conform to an Act made and past in the last Session of the lat● Parliament of this Our Kingdom ; Do I herefore , with Advice of Our Privy Council , Hereby Declare Our Mint-House to be Opened , from and after the first Tuesday of May next to come , and no sooner : And to the End , That all Merchants and others may be Certiorated of the Time of the Opening of Our said Mint , and of Our having Signed a Warrand for Coynage , of the date the fourteenth day of August last by-past , for the several Speciesses of the Silver Coyn , conform to the foresaid Act of Parliament , seing We are Resolved to begin with that Coyn : Our Will is , and VVe Charge you strictly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and remanent Mercat-Crosses of the Head-Burghs of the Shires of this Kingdom , and there , by open Proclamation , make publication of Our Royal VVill and Pleasure , concerning the Opening of Our said Mint , from , and after the said first Tuesday of Ma● next ensuing , that all persons concerned may have notice thereof . Given under Our Signet at Edinburgh , the Twentieth day of January , 1687 . And of Our Reign the second year . Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1687. 
B05668	----	A proclamation, for preventing of false mustures [sic] Scotland. Privy Council. 1689 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05668 Wing S1888 ESTC R183523 52615085 ocm 52615085 176113 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05668) Transcribed from: (Early English Books Online ; image set 176113) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2762:56) A proclamation, for preventing of false mustures [sic] Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of secret council, Edinburgh, : Anno Dom. 1689. Title vignette. Caption title. Initial letter. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Militia -- Recruiting, enlistment, etc. -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms A PROCLAMATION For preventing of false Mustures . At Edinburgh , the twentie ninth day of November , One thousand six hundred eighty nine years . THE Lords of His Majesties Privy Council , Taking to their serious Consideration , how much it doth concern the Interest of His Majesties Service , as well as the Security and Honour of the Kingdom , that all false Mustures be Discharged , which , not with standing of all the care taken , hath not hitherto been effectually prevented : They Do therefore , in Their Majesties Name and Authority , Prohibite and Discharge all the Officers of His Majesties Forces , al 's well Horse , Foot , as Dragoons , and Commanders of Garrisons , from making any false Mustures , and from giving up to any Muster-master-general , or any other person who shall be appointed by the saids Lords , or by him , to Musture the Forces , The Names of any as Soldiers , who are not true men , and who does not attend the Company , and perform the constant ordinary Duty of a Soldier , or the Names of any Servants , with Certification to the Contraveeners , That they shall not only be Cashired with Infamy , but likewise shall be ly●●●● 〈◊〉 resound to the Lords of the Thesaury , and General Receivers , what they have so unjustly uplifted on the account of those men they have so falsely given up and Mustured , and shall be Imprisoned until they make payment thereof accordingly . And the saids Lords , Do in Name and Authority foresaid , Prohibite and Discharge all persons whatsomever to be imployed at any such false Musture , under the Certification of being Whipped , and Burned in the Cheek . And the saids Lords , Do hereby in Their Majesties Name and Authority foresaid , Command and Require all the Captains of the whole Forces , as well Horse , Foot , as Dragoons , and Commanders of Garrisons , to give in under their hands , Lists of all the Soldiers of the several Troops and Companies under their Command , to their Majors , where they are Regimented , who with the saids Captains where they are not Regimented , shall be obliged to give in the saids Lists , both to Sir Thomas Moncrieff , Clerk to the Thesaury and Exchequer , and to the Muster-master-general , and keep another Double thereof for themselves , to be renewed Quarterly , which they appoint to bear an account where the Soldiers were born , out of what place of the Countrey they were Levied , and of what Trade and Imployment they were before their engagement , to the effect , that the saids Lords may cause examine and try in these places , whether they be actually in the Service or not ; And they hereby Discharge the Muster-master-general , or any other person who shall be appointed for Mustering of the Forces , to Muster any who does not attend the Company , and who perform not the ordinary Duty of a Soldier , or any Servants : And likewse they Discharge him to allow any Officers or Soldiers on Foreloff , or on Parties , as true men , unless the Captain of the company , or Troop , or in his absence the next Commanding Officer thereof , at granting the Foreloff , or sending out of the Party , give in under his hand , to the Commanding Officer of the place , the Names of these Officers and Soldiers , that are out on a Party , and to what place they are gone , and in what Houses they were formerly Quartered , and for what time these persons are out on Foreloff : And they Ordain the said Commanding Officer to keep a List of the persons , to whom Foreloffs were granted , or who are sent out on Parties , with the principal Note given in by the Officers of the Troops or Companies , or Garririsons , To the effect , that strict Inquiry and Disquisition may be made thereanent ; Declaring hereby , that whosoever shall give such List or Note , if the same shall be found to be false , tha the shall incur the former Certification of being Cashired with Infamy . And for encouragement of such as shall Discover and Prove the same , or who shall Discover and Prove any such false Musture , The saids Lords of His Majesties Privy Council , do hereby promise and ensure to any Lieutenant , Coronet , or Ensign , who shall make Discovery of either of the particulars above mentioned , whether in the Troops or Companies wherein they Serve , or any other Company or Troop within the Regiment , and prove the same , that they shall have a Commission in place of these who shall make such false Mustures , or grant such false Declarations , as to Soldiers pretended to be on Foreloff , or sent out on Parties ; And they do likewise promise and ensure a Reward of five hundred merks to be given to any Serjeant , or Corporal , and the Sum of two hundred merks to a Soldier , who shall make either of the Discoveries , and prove the same ; besides that , they shall have a Pass out of the company , if desired , or liberty to serve in that , or any other Company , or Regiment . And Ordains these Presents to be Printed , and Published by Macers of Privy Council . Messengers at Arms , Sheriffs in that part , at the Mercat-Cross of Edinburgh , and at the remanent Mercat-Crosses of the Head-burghs of the whole Shires within this Kingdom , and to be Read upon the head of the Regiments , Troops , or Companies , the time of the Mustering thereof , that none may pretend ignorance . Per Actum Dominorum Secreti Concilii . GILB . ELIOT , Cls. Secreti Concilii . GOD Save King WILLIAM and Queen MARY . Edinburgh , Printed by the Heir of Andrew Anderson , By Order of Secret Council , Anno Dom. 1689. 
B05670	----	A proclamation, for providing magazines of corns, hay and straw, to their Majesties troops. Scotland. Privy Council. 1690 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05670 Wing S1890 ESTC R183524 52528983 ocm 52528983 179084 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05670) Transcribed from: (Early English Books Online ; image set 179084) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:73) A proclamation, for providing magazines of corns, hay and straw, to their Majesties troops. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1690. Caption title. Royal arms at head of text; initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the twelfth day of December, and of Our Reign the second year, 1690. Signed: Da. Moncreiff, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Supplies and stores -- Law and legislation -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion monogram of 'W' (William) superimposed on' M' (Mary) DIEV ET MON DROIT HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For providing Magazines of Corns , Hay and Straw , to Their Majesties Troops . WILLIAM and MARY , by the Grace of GOD , King and Queen of Great-Britain , France and Ireland , Defenders of the Faith ; To Our Lovits , Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting : We taking into Our Royal Consideration , the great and many Inconveniencies , which Our Troops , as well as the Countrey , do , or may sustain , in case Provisions and Stores of Corn , Hay and Straw , he not timously and orderly made , at the respective Burghs and Places , where Our Forces shall be Quartered . Therefore We , with the Advice of the Lords of Our Privy Council , Require and Command , the Commissioners of Supply , or the plurality of such of them as shall conveen , conform to the 6th Act , 3d Sess . of Our first Parl. within the several Shires , where any of the Troops of Our Forces , Horse , or Dragoons shall happen to be Quartered , to meet each first and third Tuesdays of every Moneth , during the continuance of the Forces in the saids Shires , and to appoint reasonable prices of Corns , Hay , and Straw , at which the same shall be sold and furnished ; And We with Advice foresaid , Require and Command the saids Commissioners , to Ordain the Collectors of Supply , within the several Shires of this Kingdom , upon a competent allowance for their pains , to provide , buy up , and furnish , where they can best have it for ready Money , ( to be payed by them out of the Cess of the saids shires , received by the said Collector ) sufficient Magazins of Corn , Hay , and Straw , for the space of fourteen dayes , at the several Burghs of the saids Shires , for the number of Horses quartered , or to be quartered upon them , and in the present Service of the saids Officers , Troopers , or Dragoons themselves ; with Certification , that if any Horse not presently in their Service , shall be intertained upon the said Magazin , the Horse shall be Confiscat , and the Officer , Trooper , or Dragoon , in whose Name he is intertained , shal be Cashired , and turned out of the said Troop , and so from time to time , during the continuance of their Quarters at that place : And We Declare , That what Provisions have been , or shall be furnished by the saids Collectors , forth of the forsaids Magazines , to the Officers or others of Our Forces , and shall be unpayed by them , the same shall be allowed to the saids Collectors , and retained by them , out of the first end of the Cess , due and payable by the saids Shires , conform to the Receipts thereof granted to them by any Trooper or Dragoon , or any of their Officers , condescending upon the Names of the saids Officers , Troopers , or Dragoons , and upon the Troop and Regiment , to which they do belong ; And the saids Officers are hereby Required from time to time , to call such of their saids Troopers as cannot Write , before themselves , and in their Names grant Receipts to the Collector for what hath been or shall be delivered by him to them , out of the saids Magazines , under the Certification above-written . And We , with Advice foresaid , Do hereby peremptorly Command and Require , the General Receivers of the Cess and Supply , to allow to the Collectors foresaids , what shall be instructed to be given out by them in the terms above-written , in the first end of the Cess and Supply of the Shire , where the saids Provisions have been , or shall be made , and to receive the saids Receipts from the Collectors in the several Shires , as sufficient exoneration to them of the Cess of the Shire pro tanto , and only Order Quartering for what shall be resting by the saids Shires , after the saids Magazines and Provisions are allowed , under the pain of being deprived of their Offices as General Receivers in all time coming , and the Premisses to be observed as the Rule of providing , and furnishing such of Our Forces , as are upon the Scots Establishment ; and as to these of Our Forces which are upon the English Pay , We with Advice foresaid , Ordain the Collectors foresaids of the respective Shires , to furnish them forth of the saids Magazines , upon their making payment by ready Money for what they shall receive at the reasonable prices foresaids , to be set down or appointed by Our saids Commissioners of Supply in the several Shires , as said is , and no otherwise . And to the effect Our Pleasure in the Premisses may be known , Our Will is herefore , and We Charge you straitly and Command , that incontinent , these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the Mercat-Crosses of the whole remanent Head-Burghs of the several Shires within this Kingdom , and there , in Our Name and Authority , by open Proclamation , make Publication of the Premisses , that none may pretend ignorance , as ye will answer to Us thereupon ; The which to do , We commit to you , conjunctly and severally , Our full Power , by these Presents delivering them by you , duly Execute , and Indorsed again to the bearer . Given under Our Signet at Edinburgh , the twelfth day of December , And of Our Reign the second year , 1690. Per actum Dominorum Secreti Concilii . D A. MONCREIFF , Cls. Sti. Concilii . GOD save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anno Dom. 1690. 
B05672	----	A proclamation, for putting the kingdom of Scotland in a posture of defence against the enemies of the King and government Scotland. Privy Council. 1685 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05672 Wing S1893 ESTC R183526 53981740 ocm 53981740 180373 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05672) Transcribed from: (Early English Books Online ; image set 180373) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2827:2) A proclamation, for putting the kingdom of Scotland in a posture of defence against the enemies of the King and government Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1685. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Haly-rude-house, the 28. day of April 1685. And of Our Reign the first year. Signed: Will. Paterson, Cls. Sti. Concilij. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Monmouth, James Scott, -- Duke of, 1649-1685. Scotland. -- Army -- Mobilization -- Early works to 1800. Scotland -- History -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion JR royal blazon or coat of arms A PROCLAMATION , For putting the Kingdom of Scotland in a Posture of Defence against the Enemies of the King and Government . JAMES , by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Our Lyon King at Arms , and his Brethren Heraulds , Macers of Our Privy Council , Pursevants , and Messengers , at Arms , our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as these Traiterous Conspirators , who designed the horrid and Sacrilegious Murder of Our Dearest Brother , the late King , of Renowned and Eternal Memory , and the Destruction of our ancient Monarchy , continuing still in the same Hellish Project and Fury against Us , and Our Royal Government ; Are now again setting their Designs on Work , to raise Commotions in this Our ancient Kingdom , as being the last Struglings of them , and their Execrable Party , and the outmost Effects of their absolute Despair : For preventing whereof , and bringing these Desperat and Execrable Traitors to just and condign punishment ; We , with Advice of Our Privy Council , Do hereby strictly Require and Command , all and every of the Subjects of this Our Realm , That they be in a readiness in their best Arms concur and assist Us against any the aforesaid Commotions , or Insurrections , as they shall be advertised ; And particularly , We hereby Require and Command , all and every the Collonels of Our Militia Regiments of Foot , and Captains of Horse , and the inferiour Officers and Souldiers under their Command , in the Shires respective under-written , viz. The Merse Teviotdale , Peebles , Selkirk , East , Mid , and West Lothians , Town Edinburgh , Stirling Shire , Fife and Kinross Shires ; The four Companies of the Low-countrey , of the Earl of Perth Our Chancellors Regiment ; and the three Companies of the Low-countrey , of the Marquess of Athol , Lord Privy Seal , his Regiment ; The Sheriffs of Forfar and Kincardin ; and all the Heretors , Liferenters , Feuars and Wodsetters in the Shires of Air , Renfrew , Clidsdale , Wigtoun , Dumfreis , and Stewartries and Bailliaries within the same , to be in readiness with fourteen Dayes Provision , to March when , and whether Our Privy Council shall give them Orders ; And to that end , to have their Arms fixed , and their several Companies of Our Militia , presently Mustered , and the Heretors and others aforesaid , Listed Modelled in Companies , and Mustered for the putting them in a condition of a greater readiness . And further , We hereby Require and Command all persons , Fenciblesmen , betwixt sixty and sixteen , within the Shires of Aberdene , Bamff , Elgin , Nairn , Inverness , Ross , Sutherland and Caithness , to be in readiness in manner foresaid . As likewise , We hereby Require and Command all Our Liedges on the Sea-coasts of this Kingdom , or near to them , or to any of the Islands thereunto belonging , so soon as they hear , or get notice of any Vessels arriving at any place from abroad , or at home into any Coasts , Ports , Creiks , or Harbours , with Men , Arms , or Ammunition , forthwith to Convocat , and rise in their best Arms , and to Beat them off , or seize upon , and secure the Ships or Vessels , and the Men , Arms , and Ammunition , and give immediate Advertisement to Our Privy Council , And for their Security in obeying these Our Royal Commands , We hereby fully Pardon and Indemnifie them forever , of all Slaughter , Blood , Mutilation , Fire-raising , burning of Ships , or suchlike Warlike Inconveniencies as may follow , in case they meet with Hostile-Opposition : And We hereby Require and Command all Our Collectors , Customers , or Waiters , to make strict and Diligent Search and Inquiry in all Ships , arriving in any part of this Kingdom , for Traitors , Rebels , Fugitives , or Disaffected Persons , and for Arms and Ammunition , and to seize upon the Ships , Men , Arms , and Ammunition , until they acquaint Our Privy Council , and receive their Directions thereanent : And to the effect they may the better be able to perform this Service , We do Require all Our Subjects nearest to them , as they shall be by them Advertised to Rise , Concur with , Fortifie and Assist them , who , and these so assisting , are hereby Declared to be fully Indemnified in manner foresaid . And that all the persons aforesaid may know their hazard , if they fail in any of the Premisses . We hereby Declare , That they shall not only incur Our high Displeasure , but also shall be punished with the outmost of severity , conform to their Demerit , and the Laws and Practice of this Kingdom , and that the Heretors which shall be Deficient in sending out their Tennents , and other Fensible Men , or shall not give advertisement as said is , and of any Rebels and Traitors appearing on their Lands , that they shall be punished accordingly . And to the end the saids . Desperat Traitors and Rebels may have no Reset , Harbour , Comfort or Refuge from any of the Subjects of this Our Realm . We hereby strictly Prohibite and Discharge all and every of Our Subjects therein , fo furnish House , Meat , Drinks or any other thing comfortable to them , or to keep Intelligence , or Correspondence with them , by Word , Writ , or Message , or to Transport them to , or from Ferries , or any wayes to be aiding , abating or assisting to them , under the pain of being Repute and esteemed Art and Part with them in all their wicked Deeds and Practices , and proceeded against , Demeaned and Punished accordingly . And that Our Plesure in the Premisses may be fully known to all Our Leidges , OUR WILL is , and We Charge you strictly and Command , that incontinent these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and all the other Mercat Crosses of the Head-Burghs of the Shires of this Kingdom ( and all places else needful ) and there by open Proclamation , in Our Name and Authority , make Publication of Our Royal Will and pleasure in the Premisses , that none pretend ignorance . Given under Our Signet at Haly-rude-house , the 28. day of April 1685. And of Our Reign the first Year . Per actum Dominorum Secreti Concilij . WILL. PATERSON , Cl. Sti. Concilij . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1685. 
B05676	----	A proclamation for re-establishing the staple-port at Camphire. Scotland. Privy Council. 1699 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05676 Wing S1898 ESTC R183529 52528986 ocm 52528986 179087 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05676) Transcribed from: (Early English Books Online ; image set 179087) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:76) A proclamation for re-establishing the staple-port at Camphire. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to the King's most excellent Majesty, Edinburgh : Anno Dom, 1699. Caption title. Initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh the 30th day of March, and of Our Reign the tenth year, 1699. Signed: Gilb. Eliot. With a list of staple commodities below imprint. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Harbors -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Commerce -- Netherlands -- Early works to 1800. Netherlands -- Commerce -- Scotland -- Early works to 1800. Zeeland (Netherlands : Province) -- History -- 17th century -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION For Re-establishing the Staple-port at Camphire . WILLIAM By the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith ; To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that Part , conjunctly and severally specially Constitute , Greeting ; Forasmuch , as by a Treaty betwixt Our Commissioners appointed by Us , as Marquess of Camphire , and the Commissioners of Our Town of Camphire , and the Royal Borrows of this Our ancient Kingdom , concerning the Continuation and Re-establishment of the Staple-Port of this Kingdom , within the foresaid Town . The Staple-port of this Kingdom , for the NetherIands is Re established by Contract , and settled at the said Town of Camphire , and the same Contract Ratified and Approven by the States of Zeland , & the Convention of Our Royal Borrows , on the one and other Parts . And We being satisfied , that the said Contract is for the Advantage of the Trade and Commerce of this Our Ancient Kingdom , and that by long Experience , it hath been found that the Town of Camphire , is the most Convenient and Fit Place to be the Staple-port for this Our Kingdom , Have therefore , by a Signature under Our Royal Hand , of the date , the twentieth day of March currant , Ratified , Approved and Confirmed the said Contract , in its whole Heads , Clauses and Articles : And We being further Resolved , that the same be duely Observed , by all the Subjects of this Our Ancient Kingdom , Trading to the United Provinces of the Netherlands , And that all the standing Laws , and Acts of Parliament , with all other Acts of Our Council , or Exchequer , Relating to the said Staple , and Acts of Convention of Our Royal Borrows be put to full and vigorous Execution , for the due and exact Observance of the said Staple-port for the future : Therefore , We , with Advice of the Lords of Our Privy Council , Do hereby Require , and Command all Our Subjects , to give due and punctual Obedience to the Laws and Acts of Parliament , with all other Acts of Our Council or Exchequer , Relating to the said Staple , and Acts of the Convention of Our Royal Borrows made for the Observing the Staple-port , which are all hereby declared to be in full Force . And seing now the foresaid Scots Staple-Port is Re-established , and continued at the said Town of Camphire , Therefore We , with Advice foresaid , Prohibite and Discharge all Merchants and Skippers , or any other of Our Subjects to Export , furth of this Our Kingdom , any Goods , Ware or Commodities , which are , or shall be declared to be Staple Commodities , to any other Port or Place of the United Provinces of the Netherlands but only to the said Staple-port , and Town of Camphire in Zeland , under the Pains and Certifications contained in the saids Act of Parliament , with all other Acts of Our Council or Exchequer , Relating to the said Staple , and Acts of Convention of Borrows , which Pains and Penalties We Ordain to be Exacted from the Transgressors , with all rigour . And that they be furder proceeded against , as Our Privy council shall find Cause . And We with Advice foresaid , do hereby require the Farmers , Tacksmen or Collectors of Our Customs , and their Sub-collectors , and Survyers for the time being , that they make Exact Search and Tryall for all Staple Goods , and Commodities that shall be hereafter Exported forth of this Kingdom to any Part or Port of the United Provinces in the Netherlands , and that they , and their Clerks , and all Clerks of Coquets , take sufficient Security from the Merchants , or Skipper , Sailers and Transporters of Goods to the said Netherlands , that they shall Carry and Liver the same at the said Staple-port of Camphire , and at no other place , nor Port within the said United Provinces , and that they shall not break Bulk before their Arrival thereat , conform to the Acts of Parliament , oblidging the Exporters to Report Certificats from the Conservator , or his Deputs at Camphire . Bearing , That the said Staple Commodities were Livered there , without breaking Bulk , as they will be Answerable to the Lords of Our Privy Council thereanent . And We do Ordain the saids Certificats to be delivered in Quarterly by the Collectors , and their Clerks , at the several Ports , to the Agent of Our Royal Borrows for the time . To the End , exact Diligence may be done by him , against all the Transgressors of the said Staple , Conform to the Laws and Acts made thereanent , OUR WILL IS HEREFORE , And we Charge you Strictly , and Command , that in continent thir Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and whole Remanent Royal Burrows of this Kingdom , and other Places needful , and thereat , in Our Name and Authority , by open Proclamation make Publication of the Premisses , to the Effect , Our Royal Burrows , and all Merchants , and other Persons may have timous Notice hereof , and give due and punctual Obedience , as they will be Answerable at their outmost Perril , and Appoints Copies to be affixed at the several Custom-Houses , and Sea ports of this Kingdom , that none pretend Ignorance And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh the 30th day of March , And of Our Reign the tenth year , 1699 . Per Actum Dominorum Sti. Concilij . GILB . ELIOT . GOD save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to the King 's most Excellent Majesty , Anno DOM , 1699. Staple Commodities are , All Sorts of Wooll . Woollen and Linen Yarn . All Woollen and Linen Manufactories . Hydes and Skins of all sorts . Playding . Kerseys , Scots Cloath , Stockins , Salmond , Yallow , Oyl . All sorts of Barrel Flesh . Pork , Butter , Leather dressed . and Undressed . 
B05680	----	A proclamation, for restoring the goods of such persons as were robbed, and taken away from them in the late tumults. Scotland. Sovereign (1685-1688 : James II) 1688 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05680 Wing S1905 ESTC R183533 52615088 ocm 52615088 176115 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05680) Transcribed from: (Early English Books Online ; image set 176115) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2762:58) A proclamation, for restoring the goods of such persons as were robbed, and taken away from them in the late tumults. Scotland. Sovereign (1685-1688 : James II) Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : Anno Dom. 1688. Title vignette: Royal seal with initials J R. Caption title. Initial letter. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Reparation -- Scotland -- Early works to 1800. Victims of crimes -- Legal status, laws, etc. -- Scotland -- Early works to 1800. Robbery -- Scotland -- Early works to 1800. Scotland -- History -- Revolution of 1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion J R DIEV ET MON DROIT HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION , For Restoring the Goods of such persons as were Robbed , and taken away from them in the late Tumults . IAMES , by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Macers of Our Privy Council , and Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting : Forasmuch as the Robbing and taking away of Goods , belonging to any ot His Majesties Subjects , whatever be their Perswasion , contrary to , and inconsistent with the Laws of this , and all other well Governed Nations ; And being truly Informed , that several privat persons Goods have been lately Robbed , and taken away , they Do therefore Command and Require the Magistrats of Edinburgh , and Sheriffs of Mid-Lothian , and all other Magistrats , Sheriffs , Baillies of Regalities , Baillies or Bailliaries , and all other His Majesties Officers of Law , within their respective Jurisdictions , to seize and secure all Goods , already taken , or to be taken after that manner , until by a Process , or Tryal , the Owners be known , to the effect their Goods may be Restored to them : Certifying all such who shall keep , or detain any of the saids Goods , they shall be looked upon , and pursued as Thieves , and Resetters of Thift , and shall be punished conform to the Laws made thereanent accordingly ; And Ordain these Presents to be forthwith Published , at the Mercat-Cross of Edinburgh , and other places needful , that none pretend ignorance . Given under Our Signet at Edinburgh , the 14th day of December , 1688. And of Our Reign the fourth Year . Per actum Dominorum Sti. Concilii . COL : M cKENZIE . Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom , 1688. 
B05685	----	A proclamation for securing the peace of the shire of Caithness Scotland. Privy Council. 1680 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05685 Wing S1912 ESTC R183540 53299291 ocm 53299291 180021 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05685) Transcribed from: (Early English Books Online ; image set 180021) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:46) A proclamation for securing the peace of the shire of Caithness Scotland. Privy Council. Scotland. Sovereign (1660-1685 : Charles II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : Anno Dom. 1680. Caption title. Initial letter. Title vignette: royal seal with initials C R. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Caithness (Scotland) -- History -- 17th century -- Sources. Scotland -- Politics and government -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion CR HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A PROCLAMATION For securing the Peace of the Shire of CAITHNESS . CHARLES by the Grace of God , King of Great Britain , France and Ireland , Defender of the Faith ; To Macers , or Messengers at Arms , Our Sheriffs in that part , conjunctly , and severally , specially constitute , Greeting ; Forasmuch as notwithstanding by Our Laws and Acts of Parliament , the convocating of Our Leidges without Our special , Authority and Warrand therefore , be expressly discharged ; Yet We are informed , that certain broken , and lawless Men , within Our Shir● of Caithness , have from time to time convocate themselves in Arms within the said Shire and have most unwarrantably , first besieged , and then thrown down , the Houses bel●●ging to the Earl of Caithness , and continues still to exact upon , and oppress his Tenant● taking away the Corns out of his Girnels , exacting sums of Money , and free Quarter , t● the great contempt of Our Authority . And We being resolved to protect all such as 〈◊〉 peaceably under Us , and in Obedience to our Laws ; Have therefore with Advice of Our Privy Council , thought fit to Declare and Testifie Our Abhorrence of all such atrocious Crimes of Oppression , and Illegal Procedure ; and that We will with all speed and rigor punish all such as shall be found to have had any accession to the same , before our ordinar Judicatures . But least in the mean time , the Rents and Victual payable out of the said Earls Lands should be transported , so that reparation could not be had : We do therefore expressly discharge any Merchants , to buy , or any Skippers to transport the Victual growing upon any of the said Earls Lands , without his own , or his , Chamberlains Licence and consent , under the pain of the confiscation of the said Ship , wherein the said Victual shall be transported . Likeas , to prevent the transporting of the same , under the name and colour of Victual belonging to private Persons : We do hereby Declare , that any such Persons who shall lend their Name to such a Transportation , shall be lyable to the said Earl , in the sum of Ten Pounds Scots , for every Boll so transported . And to the end the said Earl may have peaceable access to his own Estate in Caithness , We hereby discharge all Our Subjects , of what quality soever , to stop him , his Friends and Followers in their Journey , to and from Caithness ; Commanding also hereby all such as have Ferry-Boats , to give him the ordinary and speedy Passage , and Our Subjects upon his Way , to provide him and them with Entertainment at the ordinary Rates of the Country , as they will be answerable : Commanding hereby all Our good Subjects to countenance and assist Our Heraulds , Pursevants , and Messengers at Arms , either for citing the Persons concerned in Our Name , or for executing Our Laws against them , and more especially in the publication hereof . And ordains these Presents to be Printed , and Published at the Mercat-cross of Edinburgh , Aberdene , Inuerness , Thurso , Caithness-weik , and other places needful , that all Persons concerned may have notice of the same . Given under Our Signet at Edinburgh , the fourth day of March , one thousand six hundred and eighty Years . And of Our Reign the thirty and two Year . Per actum Dominorum Secreti Concilii . A L. GIBSON , Cl. Sti. Concilii . GOD save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1680. 
B05689	----	A proclamation, for setling of the staple-port at Campvere Scotland. Privy Council. 1676 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05689 Wing S1921 ESTC R183545 52612334 ocm 52612334 179637 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05689) Transcribed from: (Early English Books Online ; image set 179637) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:31) A proclamation, for setling of the staple-port at Campvere Scotland. Privy Council. Gibson, Alexander, Sir, d. 1693. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1676. Caption title. Dated at end: Given at Edinburgh, the eleventh day of October, one thousand six hundred and seventy six years, and of Our Reign the 28 year. Signed: Al. Gibson, Cl. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Free ports and zones -- Law and legislation -- Scotland -- Early works to 1800. Free ports and zones -- Netherlands -- Veere -- Early works to 1800. Foreign trade regulation -- Scotland -- Early works to 1800. Scotland -- Commerce -- Netherlands -- Early works to 1800. Netherlands -- Commerce -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion CR HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms A Proclamation , For setling of the Staple-port at Campvere . CHARLES , by the Grace or GOD , King of Scotland , England , France and Ireland , Defender of the Faith , To Our Lovits , Macers , Messengers at Arms , Our Sheriffs , in that part conjunctly and severally , specially constitute , Greeting : Whereas upon occasion of the unsetled condition of the SCOTS Staple in the Low-countreys ; The Merchants of this Our ancient Kingdom of Scotland have for diverse years past , suffered great prejudice , intheir Trade and Comerce to those Provinces . And being graciously inclined to countenance all fair and just means , for setling of the said Staple : We therefore gave full power and commissios to Our Resident and Conservator of the priviledges granted to Our Subjects of Scotland in the Low-countreys ; to treat with any Town or place most convenient and advantagions for the Merchants and Trade of this Our Kingdom : So the Articles agreed by him with the Commissoners of the prince of Orange , and Deputies of the town of Campvere , for the re-setling of the Scots Staple-court within the said town , are approven by Us : Whereupon the said Staple court is removed from Dort to the town of Campvere . And to the end this Our Royal pleasure , may be made known to all Our loving Subjects of this Our Ancient Kingdom , We with advice of the Lords of Our Privy Council , Do Ordain pablick Proclamation to be made thereof at the usual places of this Our Kingdom ; that no person may pretend ignorance , but duely obey Our Royal pleasure herein , as they will answer at their peril . And further , We , wish advice foresaid , Do declare that the ancient standing Acts of Parliament made by Our Royal Progenitors , in favour of the Staple-court , and the Conservator , are in full force and strength . And further , We Ordain the Royal Burroughs in their meetings to make strick Acts , that the Staple may be duely observed , which We with advice foresaid , Declare to be binding upon all Our Subjects whatsoever trading to , or residing within any town , or place of the united Provinces . And We ordain thir presents to be Printed and published at the Market Cross of Edinburgh , and other Royal Burghs and Sea-ports needful , that none may pretend ignorance therof . Given at Edinburgh , the eleventh day of October , One thousand six hundred and seventy six years , And of Our Reign the 28 year . Al. Gibson , Cl. Sti. Concilii . God save the King. Edinburgh , Printed by the Heir of Andrew Anderson , printer to His most Sacred Majesty : Anno DOM. 1676. 
B05697	----	A proclamation for the exercise of the government in his Majesties name only. Scotland. Privy Council. 1695 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05697 Wing S1930 ESTC R183554 52529310 ocm 52529310 179095 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05697) Transcribed from: (Early English Books Online ; image set 179095) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:84) A proclamation for the exercise of the government in his Majesties name only. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : 1695. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the second day of January. And of Our Reign the sixth year, 1695. Signed: Da: Moncrieff, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Sovereign (1694-1702 : William II) Scotland -- Kings and rulers -- Succession -- 17th century -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION For the Exercise of the Government in His Majesties Name only . WILLIAM by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Our Lyon King at Arms , his Brethren Heraulds , Macers of Our Privy Council , Pursevants , or Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as it hath Pleased Almighty GOD to remove by Death , Our Dear Consort , Queen Mary ; So that the Sole and Full Right of the Crown and Royal Dignity of this Our Antient Kingdom , as well as the Exercise of the said Royal Power , is now in Our Sole Person , and to be Exercised by Us , for hereafter , in Our Name only : Therefore We , with Advice of the Lords of Our Privy Council , Have thought fit to Intimat and Declare , that for hereafter the foresaid Royal Power is to be Exercised in Our Name only , and that all Letters , Gifts , Patents , and other Writs whatsomever , which heretofore were in use to pass in the Name of Vs , and the said Queen Mary , are for hereafter to be Directed , and to pass in Our Name only . And further , That the Oath of Alledgance is hereafter to be Sworn , and the same , and the Assurance Subscribed by all concerned to Swear and Subscribe the same to Us , and in Our Name only : Siklike , and in the same Manner as they were in use before to be Subscribed and sworn to Us , and the said Queen Mary Joyntly . OUR WILL IS Herefore , and We Charge you strictly and Command , That Incontinent thir Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and remanent Mercat-Crosses of the whole head Burghs of the respective Shires , and Stewartries within this Kingdom , And there In Our Name and Authority , by open Proclamation , make Publication hereof , to the effect all Our Liedges may regulat themselves accordingly ; And Ordains these Presents to be Printed . Given under Our Signet at Edinburgh , the second Day of January . And of Our Reign the sixth year , 1695. Per actum Dominorum Secreti Concilii . D A : MONCRIEFF , Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His most Excellent Majesty , 1695. 
B05703	----	A proclamation for the security of ministers. At Edinburgh, the thirteenth day of June, one thousand six hundred and sixty seven. Scotland. Sovereign (1649-1685 : Charles II) 1667 Approx. 7 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05703 Wing S1937A ESTC R183561 52612443 ocm 52612443 179638 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05703) Transcribed from: (Early English Books Online ; image set 179638) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2794:32) A proclamation for the security of ministers. At Edinburgh, the thirteenth day of June, one thousand six hundred and sixty seven. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the King's most excellent Majesty, Edinburgh : Anno. Caption title. Royal arms at head of text; initial letter. Printed in black letter. Intentional blank spaces in text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Church of Scotland -- Clergy -- Early works to 1800. Church and state -- Scotland -- Early works to 1800. Scotland -- Church history -- 17th century -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , For the Security of MINISTERS . At Edinburgh , the thirteenth day of June , one thousand six hundred and sixty seven . CHARLES , By the Grace of GOD , King of Great Britain , France and Ireland , Defender of the Faith : To Our Lovits , _____ Messengers , Our Sheriffs in that part , conjunctly and severally specially constitute , Greeting . Forasmuch as We , by divers Acts of Parliaments and Proclamations , have expressed and declared Our Royal care and resolution , to protect the Orthodox and well-affected Clergy and Ministers : And to that effect and purpose , a Proclamation was issued by Us upon the fifth of March last , commanding all Heretors and Parochioners within the Western Shires therein mentioned , to protect and defend the persons , families and goods of their respective Ministers within their several Paroches , from all affronts and injuries to be committed by insolent and dis-affected persons to the present Government , in manner , with , and under the certifications and pains therein contained . And nevertheless , the malice and rage of such persons is so implacable against loyal Ministers , upon no other account , but that they are faithful and obedient to Our Laws and Authority , that of late , since the said Proclamation , divers outrages have been committed within the saids western and other Shires , by invading and wounding the persons of several Ministers , assaulting them in their houses , and plundering and robbing their goods , to the great scandal of Religion , contempt of Our Authority , and discouragement of the Preachers of the Gospel , and is a great incouragement to such sacraligious and wicked persons , that within the Paroches where such insolencies are committed and done to Ministers , there is no wanting persons of the same temper and principles , who do secretly favour and comply with them ; and they do presume , that the Actors with-drawing , the Parochioners will not be questioned , and that they will not think themselves concerned to prevent or repair the wrongs done to the Ministers . Therefore We , with advice of the Lords of Our Privy Council , command and charge all Heretors , Life-renters and others , having any real interest and rent within the several Paroches of the Kingdom , whither they reside within the same or not , their Bailies , Chamberlains and others having trust under them , and all other Parochioners , to protect , defend , and secure the persons , families and goods of their Ministers , not only in the exercise of their Ministerial Function , but in their dwelling-houses , or being elsewhere within the Paroch , from all injuries , affronts and prejudices which they may incur in their persons and goods , from the violence and invasion of any phanatick or dis-affected person : and that upon the notice of any attempt of such , they immediately repair to any place where they shall beat such injuries are offered , and seize upon the persons of the committers ; and in case that they flye out of the saids bounds , that they give notice to the Sheriff or any Garrison or Forces that shall be nearest to these places , that they may pursue them till they be apprehended and brought to tryal : With certification , that if any such outrages shall be committed , the Actors , and all persons who shall have any accession to the same , and shall aid , assist , or any way comply with , or shall willingly resset and conceal the delinquents , shall be proceeded against and punished with all severity , as equally guilty with the invadors . And farther , if they be not apprehended and brought to tryal by the means and diligence of the Parochioners , Letters shall be directed at the instance of Our Advocat , to cite the Parochioners to appear before the Lords of Our Privy Council , at the least to send three or four of their number specially authorized for that effect , to hear and see the Parochioners decerned to pay to the Minister for reparation , damage and interest , such a sum and fine as Our Council shall think fit to determine , ( special consideration being alwayes had of well-affected Heretors and Parochioners , who constantly attend the publick Ordinances , and as they are required by the Ministers , concur with them in the exercise of Church-discipline , who are to be relieved of the half of the fine to be imposed , which is to be payed by the dis-affected , who are to be tryed to be such by the Justices of Peace , or other Judge-ordinar ) and a citation of Parochioners in general , at the Mercat-cross of the Shire , being intimate at the Paroch-church upon a Sunday before-noon after divine Service , We declare to be sufficient ; and the said sum so to be modified , shall be divided amongst the Heretors and Life-renters and others , according to their respective Valuations , and is to be advanced and payed by them to the Sheriffs , Stewarts , or Bailies of Regalities and Baileries , who are hereby ordained by themselves or their Deputes , to uplift the same for the use of the Minister , and to use all lawful execution for that effect : And for relief of the saids Heretors , Life-renters and others foresaids , their several Tennents are hereby ordained to pay the third part of the several proportions payable by their Masters ; and where any person has more Tennents then one , the third part payable for relief of their Master is to be divided and proportioned betwixt their Tennents proportionally , and according to the duty they pay respective : And if any question arise thereanent , either amongst the Tennents themselves , or the Tennents and their Masters , the same is to be determined by the Iustices of Peace or Sheriff of the Shires , or other Iudges Ordinar in whose jurisdiction they reside , in the option of the complainers . And ordains these presents to be printed , and published at the Mercat-cross of the head Burghs of this Kingdom , and read at all Paroch-churches upon a Sunday before-noon , after divine Service , that none pretend ignorance . Edinburgh , Printed by Evan Tyler , Printer to the King 's most Excellent Majesty , 1667. 
B05708	----	A proclamation, indemnifying such as have been in arms before the first of June last. Scotland. Privy Council. 1691 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05708 Wing S1942 ESTC R183566 52529316 ocm 52529316 179103 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05708) Transcribed from: (Early English Books Online ; image set 179103) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:92) A proclamation, indemnifying such as have been in arms before the first of June last. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : Anno Dom. 1691. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the twenty seventh day of August, 1691. And of Our Reign the third year. Signed: Gilb. Eliot, Cls. Secreti Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Military deserters -- Legal status, laws, etc. -- Scotland -- Early works to 1800. Scotland -- History -- Revolution of 1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , Indemnifying such as have been in Arms before the First of June last . WILLIAM and MARY , by the Grace of GOD , King and Queen of Great-Britain , France and Ireland , Defenders of the faith ; To Our Lyon King at Arms , and his brethren Heraulds , Pursevants , Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Whereas We did allow John Earl of Bradalbin , to meet with the Highlanders , and others in Arms against Us , and Our Authority , in order to the Reducing of them to Our Obedience , and by a Representation made to Us in their names , We understand their willingness to render themselves in subjection to Our Authority and Laws , humbly asking Pardon for what is past , and Our Assistance for accommodating some 〈◊〉 and Funds , which do at present , and have very long troubled these places ; And We being satisfied , that nothing 〈◊〉 conduce more to the Peace of the Highlands , and Reduce them from Rapine and Arms , to Vertue and Industry , than making away of the occasions of these Differences and Feuds , which prevail with them , to neglect the opportunities , to 〈◊〉 and Cultivat their Countrey , and to accustom themselves to Depredations and Idleness ; In order whereunto , We 〈◊〉 Graciously to Pardon , Indemnifie , and Restore all that have been in Arms against Us and Our Government , who shall take the Oath of Allegiance , prescribed by Our Act of Parliament , before the first day of January next . Therefore We , with the Advice of Our Privy Council , Do Indemnifie , Pardon , and Forgive all that have been in Arms against Us or Our Government , before the first day of June last , of all Treasons , Rebellions , Robberies , Depredations , Seditions , Leasing-making , hearing and not revealing of Treason ; and generally , every thing that can be objected against any of the persons foresaids , for being in Arms or Rebellion , preceeding the date hereof : Restoring and Reponing , all and every one of the saids persons , who have been in Arms against Us , before the time foresaid , to their Lives , Estates , Dignities , Fame and Blood , al 's fully and freely , as if they had never been guilty , or had never been Condemned for the Crimes foresaids , and al 's fully and effectually , as if each of them had particular Remissions , containing a special enumeration of their Crimes , duly and orderly expede under Our Great Seal for the same ; upon this express Condition always , that the persons foresaids , who have been to Arms before the time foresaid , and shall plead and take the benefit of this Our Gracious Indemnity , Swear and Sign the Oath of Allegiance to Us by themselves , or the Sheriff Clerks subscribing for such as cannot write , and that before famous Witnesses , betwixt and the first day of January next to come , in presence of the Lords of Our Privy Council , or the Sheriff , or their Deputs of the respective Shires , where any of the saids persons live ; Requiring hereby , and Commanding the saids Sheriffs , their Deputs and Clerks , before whom any shall Swear the said Oath of Allegiance , for the benefit of this our Indemnity , to transmit to the Clerks of Our Privy Council , exact Lists of all persons by their ordinary Designations , who shall subscribe the said Oath in their presence , and take the benefit of Our said Indemnity , betwixt and the tenth day of the said Moneth of January next , as they will be answerable at their highest peril . And We with Advice foresaid , Do assure and Declare , all such persons who have been in Arms before the first of June last , and shall betwixt and the first of January next , take the benefit of this Our Gracious Indemnity , by Swearing and Signing , as said is , the said Oath of Allegiance to Us , that they shall be altogether free , safe , and secure from all manner of Punishment , Pains and Penalties , that can be inflicted upon them for open Rebellion , or any other of the Crimes above-specified , and that such as shall continue obst●at , and incorrigible , after this Gracious offer of Mercy , shall be punished as Traitors and Rebels , and other wayes , to the outmost extremity of Law ; And We , with Advice foresaid , Require and Command , all Judges and Ministers of Our Law , to Interpret this present Indemnity in the most favourable and ample manner ; Prohibiting and Discharging them to call in question any of the persons forsaids , who shall take the benefit hereof in manner abovementioned , for any of the Crimes above-written , in time coming . OUR WILL IS HEREFORE , and We Charge you straitly and Command , that incontinent , these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and to the remanent Mercat-Crosses of the Head-Burghs of this Our Antient Kingdom , and there in Our Name and Authority , by open Proclamation , make intimation of the Premisses , as ye will answer to Us thereupon . And Ordains these Presents to be Printed , and Published in manner foresaid : The which to do , We commit to you , conjunctly and severally , as said is , Our full Power , by these Presents , delivering them by you , duly Execute , and indorsed again to the bearer . Given under Our Signet at Edinburgh , the twenty seventh day of August , 1691. And of Our Reign the third Year . Per actum Dominorum Secreti Concilii . Et in Supplementum Signeti , GILB . ELIOT , Cls Secreti Concilii . GOD save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anno DOM. 1691. 
B05709	----	A proclamation, indemnifying such rebels as shall lay down their arms. At Edinburgh, the 14 day of August 1689. Scotland. Privy Council. 1689 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05709 Wing S1944 ESTC R233619 52528998 ocm 52528998 179104 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05709) Transcribed from: (Early English Books Online ; image set 179104) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2776:93) A proclamation, indemnifying such rebels as shall lay down their arms. At Edinburgh, the 14 day of August 1689. Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to their most excellent Majesties, Edinburgh : 1693. Caption title. Initial letter. Text in black letter. Signed at end: Gilb. Eliot, Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Revolutionaries -- Legal status, laws, etc. -- Scotland -- Early works to 1800. Scotland -- History -- Revolution of 1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 Mona Logarbo Sampled and proofread 2008-05 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion A PROCLAMATION , Indemnifying such Rebels as shall lay dovvn their Arms. At Edinburgh , the 14 day of August 1689. WHereas Their Majesties , King William and Queen Mary , being most desirous to Restore the Peace of this their Antient Kingdom , and to Vnite all their Subjects in a Chearful Obedience to Their Government , They are Graciously Pleased to extend Their Mercy , even to those who have been Misled and Seduced to Rise in open Arms and Rebellion against Their Authority ; HIS Majesty by His Royal Letter , dated at Hampton Court the Eight Instant , Direct to His Privy Council , Did Authorize and Impower them to Issue forth a Proclamation of Indemnity , to all those who are now in Rebellion against Their Majesties Authority , in the Kingdom of Scotland , who shall lay down their Arms betwixt and the days after-specified , and shall submit themselves to , and acknowledge Their Majesties Authority , take the Oath of Allegiance , and give Security for their future Good Behaviour : And to the effect that Their Majesties Gracious Intentions may be made Effectual , that the Minds of these Persons may be Quieted from the Fears and Apprehensions that the just Punishments may be Inflicted upon them , which their Crimes deserve : Therefore the Lords of His Majesties Privy Council , by His Majesties special Warrand , and in Their Majesties Name and Authority , Do Indemnifie , Secure and Pardon all such Persons as are in open Arms and Rebellion within this Kingdom , or have been accessory thereto , by Converse , Resett , Intercommuning with , or any way assisting the Rebels ; Providing always the persons foresaid shall lay down their Arms within eight dayes after the Proclamation of this Indemnity , at the Mercat-Crosses of the Head-Burghs of the Shires where they dwell , or stay for the time ; and that in testimony of their Submission to , and Acknowledgment of His Majesties Authority , all Noblemen , Gentlemen , Chiftains of Clanns , Heretors and Officers shall apply to Major-General Mackay , Commander in Chief of His Majesties Forces , and before him Swear and Sign the Oath of Allegiance to Their Majesties , betwixt and the third day of September , in this instant Year of God 1689 , or before the Lords of His Majesties Privy Council at Edinburgh , betwixt and the tenth day of the foresaid Month of September , and find such Security as they are able for their future Good Behaviour ; And that all other Yeomans , and such as are below the degree of Heretors , or Officers , shall Repair to the Sheriffs of the respective Shires where they dwell , or their Deputs , or to such other Persons as may be appointed by the Council , and before them acknowledge Their Majesties Authority , and Swear and Sign the Oath of Allegiance : And the Lords of His Majesties Privy Council Do Assure and Declare , all such Persons who shal lay down their Arms , and fulfil the Conditions foresaid , that they shal be altogether Free , Safe and Secure from all manner of Punishment , Pains and Penalties that can be inflicted upon them for open Rebellion , Acts of Hostility , or any manner of accession to Rebellion against Their Majesties : And that such as continue Obstinat and Incorrigible , after the Offer of so great Mercy and Favour , shall be Punished as Traitors and Rebels to the utmost extremity of Law ; And Requires and Commands all Iudges and Ministers of the Law , to interpret this present Indemnity in the most favourable manner ; Declaring always , Likeas it is hereby expresly Declared , that this present Indemnity shall not be Extended or Beneficial to any persons in Prison , who have been under His now Majesties Pay , and guilty of any of the Crimes above-mentioned . And Ordains these Presents to be Printed , and Published at the Mercat-Crosse of Edinburgh , and all the other Mercat-Crosses of the Head-Burghs of the Shires of the Kingdom , by Heraulds , Macers , Pursevants , or Messengers at Arms. Extracted by me GILB . ELIOT , Cls. Sti. Concilii . Follows the Oath of Allegiance . I Do sincerely Promise and Swear , that I will be Faithful , and bear True Allegiance to their Majesties , King William and Queen Mary . So help me GOD. God save King William and Queen Mary . 
B05713	----	A proclamation, intercommuning the rebels in the Bass Scotland. Privy Council. 1691 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05713 Wing S1950 ESTC R183570 53299297 ocm 53299297 180027 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05713) Transcribed from: (Early English Books Online ; image set 180027) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:52) A proclamation, intercommuning the rebels in the Bass Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : Anno Dom. 1691. Caption title. Initial letter. Imperfect: faded, with slight loss of text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Insurgency -- Scotland -- Early works to 1800. Scotland -- History -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , Intercommuning the Rebels in the Bass . WILLIAM and MARY by the Grace of GOD , King and Queen of Great-Britain , France and Ireland , Defenders of the Faith ; To _____ Macers of Our Privy Council , Pursevants , Messengers at Arm , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch , as by clear and express Acts of Parliament 〈…〉 Our Kingdom , It is Declared to be High Treason , To Stuff Houses , or hold them against Vs , or to Assail any Castles or Forts under Our Command , and to Maintain and hold out the same by open Force and Violence , especially after they are Charged and Required by Our Heraulds , with Our Coat Displayed in Our Name and Authority to Deliver up , and Surrender the same , under the Pains contained in the saids Acts ; Nevertheless James Halyburton , Michael Middleton , Patrick Roy , and David Dumbar , sometimes Prisoners in Our Fort and Garrison of the Bass , and certain others , who have associat and joined themselves with them , have dared , after the Surprysing of the said Garrison where they were Prisoners , presumptuously to Fortifie , and by open Violence Defend and Maintain Our said Garrison of the Bass , against Us , and Our Authority , notwithstanding of their being Charged in manner forasaid to deliver up the same , and thereby have owned themselves open and manifest Traitors ; And We being careful that none of Our good Subjects be ensnared by the saids Rebels , and involved in their Guilt ; Do therefore , with Advice of the Lords of Our Privy Council , Declare the Persons above-named , and all who have joyned themselves with them , in Surprising , Maintaining or Defending Our said Garrison of the Bass , guilty of open and manifest Treason and Rebellion , and ought to be pursued as Traitors to Us ; And We with Advice foresaid , Discharge and Command all Our Subjects , that no person presume to Aid , Abett , Assist , Harbour , of any ways Supply the saids Traitors , or any of them , under the pain of Treason , and that they do not keep Correspondence , or Intercommune with them , without Warrand from Our Privy Council for that effect , under the pains forsaid ; Certifying such who shall do in the contrary , that they shall be holden and repute , treated , and proceeded against as Art and Part of , and accessory to the foresaid Crime of Treason and Rebellion against Us and Our Authority , with the utmost severity of Our Law. OUR WILL IS HEREFORE , and We Charge you straitly and Command , that incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and remanent Mercat-Crosses of the head-Burghs of the several Shires , of Haddingtoun , Fife , Berwick and Clackmannan ; and in Our Name and Authority , there , and at other places needful , make Publication of the Premisses , that none may pretend ignorance , as ye will answer to Us thereupon , the which to do , We commit to you , conjunctly and severally , Our full Power , by these Our Letters , delivering them by you , duly execute , and indorsed again to the Bearer . Given under Our Signet , at Edinburgh , the first day of July . And of Our Reign the Third year , 1691. Per actum Dominorum Secreti Concilii , GILB . ELIOT , Cls Sti Consilii . GOD save King VVilliam and Queen Mary . EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anno DOM , 1691. 
B05716	----	A proclamation, offering a reward of one hundred pound sterling, to any who shall bring in the person of Mr. James Renwick (a seditious field-preacher) dead or alive. Scotland. Privy Council. 1686 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05716 Wing S1957 ESTC R183574 53981743 ocm 53981743 180376 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05716) Transcribed from: (Early English Books Online ; image set 180376) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2827:5) A proclamation, offering a reward of one hundred pound sterling, to any who shall bring in the person of Mr. James Renwick (a seditious field-preacher) dead or alive. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII) 1 sheet ([2] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1686. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the ninth day of December, 1686. And of Our Reign the second year. Signed: Will. Paterson, Cls. Sti. Concilii. Imperfect: stained with some loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Renwick, James, 1662-1688. Covenanters -- Legal status, laws, etc. -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 John Pas Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion A PROCLAMATION , Offering a Reward of One hundred pound Sterling , so any who shall bring in the Person of Mr. James Renwick ( a Seditious Field-Preacher ) dead or alive . IAMES by the Grace of GOD , King of Great-Britain , France and Ireland , Defender of the Faith ; To Our Lyon King at Arms , and his Brethen Heraulds , Macers of Our Privy Council , Pursevants , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting : Forasmuch , as one Mr. James Renwick , a Flagitious and Scandalous person , has presumed and takes upon hand , these several years bygone , to Convocat together numbers of our unmarry , and Ignorant Commons , to House and Field-Conventicles , ( which our Law so justly Terms the Nurseries of Sedition , and Rendezvous's of Rebellion ) in some of the Western Shires of this Our Ancient Kingdom , and has frequently Preached at these Rebellious Meetings , his Seditious and Traiterous Principles and opinions , intending thereby to Debauch some of the Ignorant People from their bouden Duty , and obedience they ow to Us as their Rightful Soveraign Lord and Monarch . And We out of our Royal Care and Tenderness to Our People , being desirous to deliver all Our loving Subjects , from the Malign influence of such a wretched Imposture ; Have therefore , with Advice of Our Privy Council ( as is usual in such Cases ) not only thought sit to Declare the said Mr. James Renwick an open and notorious Rebel , and Traitor against Us , and Our Royal Government , But likewise hereby Authorise and Require all Our loving Subjects to treat him as such And also Prohibite and Discharge all Our Subject , Men or Women , That none of them offer or presume to Harbour , reset , Supply , Correspond with , Hide , or Conceal the Person of the said Mr. James Renwick , Rebel foresaid , under the pain of incurring the severest punishments , prescribed by the Acts of Parliament and Proclamations of our Privy Council , made against Resetters of Rebels ; But that they do their outmost endeavour to pursue him , as the worst of Traitors : And to the end the said Mr. James Renwick may the better be Discovered , Apprehended and brought 〈◊〉 Justice : We with Advice foresaid , Do hereby Require and Command all Our Sheriffs , Stewarts , Baillies of Regalities 〈…〉 ●●gistrats of Burghs , and Justices of the Peace , not only to cause Search for , Pursue and Apprehend the Person of the 〈…〉 James Renwick , Rebel foresaid , wherever he can be found within their respective Jurisdictions , 〈…〉 their assistance to any who shall offer to Apprehend him : And if in pursuit of the said Mr. James Renwick 〈…〉 he , or any of his Rebellious Associats , resisting to be taken , any of our saids Magistrats , or other 〈…〉 Kill , or Mutilat him , or any of them , We hereby Declare that they , nor none assisting them shall 〈…〉 pursued Civily or Criminally therefore in time-coming , but that these Presents shall be al 's sufficient for 〈…〉 they had Our special Remission , and that their doing thereof shall be repute good and acceptable Service 〈…〉 incouragement of such as shall apprehend , and bring in the person of the said Mr. James Renwick , 〈…〉 Alive , he , or they shall have the Reward of One hundreth Pound Sterling Money , to be in instantly payed to 〈…〉 of our Thesaury . And We ordain these Presents to be Published at the Mercat-Cross of Edinburgh 〈…〉 Head-Burghs of the several Shires of this Kingdom , on the South-side of the Water of Tay , and other 〈…〉 riffs in the saids respective Shires , that none pretend Ignorance . Given under Our Signet at Edinburgh , the ninth day of December , 1686. And of Our Reign 〈…〉 Per actum Dominorum Secreti Concilii . WILL. PATERSON , Cls. Sti. Concilii . GOD save the KING . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1686. 
B05717	----	A proclamation, ordaining all persons in publick trust to sign the certificat and assurance Scotland. Privy Council. 1690 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05717 Wing S1960 ESTC R183575 53299298 ocm 53299298 180028 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05717) Transcribed from: (Early English Books Online ; image set 180028) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:53) A proclamation, ordaining all persons in publick trust to sign the certificat and assurance Scotland. Privy Council. Scotland. Sovereign (1689-1694 : William and Mary) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : 1690. Caption title. Title vignette; initial letter. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Loyalty oaths -- Scotland -- Early works to 1800. Scotland -- History -- 1689-1745 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-04 SPi Global Keyed and coded from ProQuest page images 2008-05 Mona Logarbo Sampled and proofread 2008-05 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms A PROCLAMATION , Ordaining all Persons in Publick Trust to sign the Certificat and Assurance . WILLIAM and MARY by the Grace of GOD , King and Queen of Great-Britain , France , and Ireland , Defenders of the Faith ; To Our Lovits , Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially Constitute , Greeting ; Whereas by an Act of the second Session of Our Current Parliament of this Our Antient Kingdom of Scotland , We with Advice and Consent of Our Estates of Parliament , Have Enacted , Statuted and Ordained , That all Persons , who in Law are obliged to Swear and Take the Oath of Allegiance to Vs , shall also Subscribe the Certificat and Assurance mentioned in , and Subjoyned to the said Act of Parliament , under the Certification therein contained ; And We Judging it Just and Reasonable , That the said Act of Parliament should be put to Execution , and receive due Obedience , To the effect it may appear , what Persons are of Integrity , and Dutifully Affected to Us , and Our Government , and that such as are otherwayes inclined , may be discovered ; We therefore , with Advice of Our Privy Council , Ordain and Appoint , all the Sheriffs , Commiss●●●●●● , Stewarts , Baillies of Royalties , Bailliaries and Regalities , to Sign and Subscribe the said Certificat and Assurance hereunto Subjoyned , in presence of one of the Lords , or others of Our Privy Council , being within , or near to their Jurisdiction for the time , and failȝying thereof , in presence of one of the Commissioners of Our Current Parliament , who have Taken , or shall first take the same themselves , or in presence of a meeting of the Commissioners of Supply ; and all Magistrats of Burghs within their own Fenced Courts , and the Deputs , Clerks , and Clerk-Deputs , and Fiscals of the whole Courts above-named , and Justices of Peace , and all others in Trust and Office , who by Law are obliged to take the Oath of Allegiance within this Kingdom , in presence of any of the persons above-named , or the Sheriffs , or their Deputs , and that betwixt and the days following , viz. These on this side of the Water of Tay , and Shire of Forfar , betwixt and the twenty day of August current ; and all be-north the famine , betwixt and the first day of September , and these in Orknay and Zetland , betwixt and the twenty ninth day of September next to come ; and to Record the same in their respective Books , and to Transmit to the Clerks of Our Council , Extracts thereof under their Clerks hands , betwixt and the days following , viz. These on this side of the Water of Tay , and Shire of Forfar , betwixt and the first of September next ; and these be-north the same , except Orknay and Zetland , betwixt and the tenth day of September , and these in Orknay and Zetland , betwixt and the fifth day of November next to come , under the Certification contained in the foresaid Act of Parliament . And to the effect Our Pleasure in the Premisses may be known , Our Will is herefore , and We Charge you straitly and Command , that incontinent these Our Letters seen , ye pass , and in Our Name and Authority , by open Proclamation , make publication of the Premisses , at the Mercat-Cross of Edinburgh , and at the whole Mercat-Crosses of the Head-burgs of the Shires and Stewartries , and also at the Mercat-Crosses of the whole Burghs-Royal , of the Bailliaries and Regalities within this Kingdom , that none may pretend ignorance . And appoints the Sheriffs of the several Shires , to cause Publish the Premisses , at all the Mercat-Crosses of the Burghs Royal , Bailliaries and Regalities . And Ordains these Presents to be Printed . Given under Our Signet , at Edinburgh , the fourth day of August , 1690. And of Our Reign , the second Year . Per actum Dominorum Sti. Concilii . D A : MONCREIFF , Cls. Sti. Concilli . Follows the Certificat and Assurance . I Do in the Sincerity of my Heart , Assert , Acknowledge and Declare , That Their Majesties , King William and Queen Mary , are the only Lawful Vndoubted Soveraigns , King and Queen of Scotland , al 's well de Jure as de facto , and in the Exercise of the Government ; And therefore I do Sincerely and Faithfully Promise and Engage , That I will with Heart and Hand , Life and Goods , Maintain and Defend Their Majesties Title and Government , against the late King James , his Adherents , and all others Enemies , who either by open , or secret Attempts , shall Disturb , or Disquiet Their Majesties in the Exercise thereof . God Save King William and Queen Mary . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to Their most Excellent Majesties , Anno Dom. 1690. 
B05720	----	Proclamation prohibiting the nobility and others to withdraw from this kingdom without licence Scotland. Privy Council. 1678 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05720 Wing S1969 ESTC R233098 53981744 ocm 53981744 180377 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05720) Transcribed from: (Early English Books Online ; image set 180377) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2827:6) Proclamation prohibiting the nobility and others to withdraw from this kingdom without licence Scotland. Privy Council. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, Printer to his most sacred Majesty, Edinburgh : Anno Dom. 1678. Caption title. Royal arms at head of text; initial letter. Dated: Given under Our Signet at Edinburgh, the third day of January, 1678. And of Our Reign the 29 year. Signed: Thomas Hay Cls. Sti. Concilii. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng International travel regulations -- Scotland -- Early works to 1800. Scotland -- History -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms PROCLAMATION Prohibiting the Nobility , and others to withdraw from this Kingdom without Licence . CHARLES , by the grace of GOD , King of Great Britain , France , and Ireland , Defender of the Faith ; To Our Lyon King at Arms , and his brethren Heraulds , Macers , Pursevants , Messengers at Arms , our Sheriffs in that part , conjunctly and severally specially , constitute , Greeting : Forasmuch as the Lords of Our Privy Council , having taken to their consideration , That upon the great Disorders lately committed in some Western & other Shires , they did write to them , Requiring them in Our Name , to take such course therein , as might secure the peace in these places , With certification to them if they failȝied therein , they would imploy Our Authority for doing thereof : Which offer having received no satisfactory Answer , and they having declared . That they were not able to suppress those Disorders , nor free the Countrey thereof , We did Command and Warrand Our Privy Council , to arme such of Our Militia , and such others as should offer to serve Us for redressing the saids Disorders ; and did authorize them to charge all Heretors and others , and if need be , all betwixt sixtie and sixteen , to come and attend Our Host under the pain of Treason , according to the ancient Laws of this Our Kingdom : In obedience to Our Royal Commands , the saids Lords have thought fit to send a Committy of Our Council , to attend Our Forces so to be imployed : And therefore , left any person should withdraw from the said Service , by going out of this Kingdom , We , with Advice of the saids Lords of Our Council , do hereby require and command all Noblemen , Heretors , and Magistrates of Burghs Royal ( except actual Traffickers within Burghs ) to remain and continue within this Kingdom , and not to depart forth thereof upon any pretext whatsomever , without special Licence from Our Council , as they will be answerable at their highest perill . Our Will is herefore , and We charge you straitly , and command , that incontinent these Our Letters seen , ye pass to the Mercat Cross of Edinburgh , and other places needful , and thereat , in Our Name and Authority , by open Proclamation , make publication of the Premisses , that none pretend ignorance : The which to do , We committ to you conjunctly and severally , Our full power , by these Our Letters , delivering them by you duely execute and indorsed again to the Bearer . Given under Our Signet at Edinburgh , the third day of January , 1678. and of Our Reign the 29. Year . Thomas Hay Cls. Sti. Concilii . GOD save the King. Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty . Anno Dom. 1678. 
B05723	----	Proclamation prorogating the dyet, for in bringing and prescribing the method of settling of the accompts of arrears due by the forces to the countrey. Scotland. Privy Council. 1695 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05723 Wing S1971 ESTC R183580 52529000 ocm 52529000 179110 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05723) Transcribed from: (Early English Books Online ; image set 179110) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2777:3) Proclamation prorogating the dyet, for in bringing and prescribing the method of settling of the accompts of arrears due by the forces to the countrey. Scotland. Privy Council. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) Printed by the heirs and successors of Andrew Anderson, Printer to his most excellent Majesty, Edinburgh : Anno Dom. 1695. Caption title. Royal arms in ornamental border at head of text; initial letter. Intentional blank spaces in text. Dated: Given under Our Signet at Edinburgh, the twenty second day of January, and of Our Reign the sixth year, 1695. Signed: Gilb. Elliot. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Finance -- Law and legislation -- Early works to 1800. Requisitions, Military -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 Mona Logarbo Sampled and proofread 2008-06 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion royal blazon or coat of arms PROCLAMATION . Prorogating the Dyet , for in bringing and prescribing the Method of Stateing of the Accompts of Arrears due by the Forces to the Countrey . WILLIAM by the Grace of GOD , King of Great-Britain , France , and Ireland Defender of the Faith ; To Macers of Our Privy Council , Messengers at Arms , Our Sheriffs in that part , conjunctly and severally , specially constitute , Greeting : Forasmuch as , by sundry former Proclamations Emitted by Vs , with Advice of Our Privy Council , certain days were prefixed to Our Subjects , for bringing the the several Accompts Due by Our Forces within this Kingdom to them , Stated and verified in manner mentioned in the saids Proclamations : and We being resolved that none of Our good Subjects should be cut short , and desappointed of the Payment , of Vhat is justly resting to them by any of Our Forces , by their not having given in their Accompts to the Clerks of Our Privy Council , before the days prefixed in the former Proclamations : Therefore We with Advice of the Lords of Our Privy Council , have thought fit to Prorogat the time for Verifying , and giving in of the saids Accompts to the Clerks of Our Privy Council , until the fifteenth day of March next to come , and do yet Allow , and Ordain the Landlords , and others , to whom there are any Accompts resting by Our Forces , before the first Day of February , One thousand six hundred Ninety one years ; To repair to the Commissioners of Assessment , or any who of them , within the respective Shires where the saids Accompts are resting , and there State & Verifie by writ , Oath or Witnesses , how many Souldiers were quartered on the saids Landlords , or other Persons Creditors , That they advanced of Meat , or Drink to the Souldiers themselves , or Forrage to their Horses , or what they advanced of Meat , , Drink , Meal , or Malt to Our Garisons : or what Sums of Mony , either to Our Forces , or Garisons for their Subsistance , preceeding the said first Day of February , One thousand six hundred Ninety and one : And We with Advice foresaid , Ordain the saids Landlords , or other Persons Creditors , to give their Oaths , that no part of what they Claim as Due by Our Forces , is payed to them , and require them to instruct their Accompts fully and clearly before the saids Commissioners , by condescending particularly upon the time , when the Accompts Were furnished . and also upon the Company , or at least the Regiment , or Troop , to Whom the Souldiers , or Troopers did belong , and to insert all the Articles Due by every Regiment , in a Paragraph , or separate Accompt by itself though the same was upon the English Establishment , whose Arrears and Debts to the Countrey , are to be Stated in Accompts , differently from these upon the Scots Establishment ; And We with Advice foresaid , require and Command all and sundry Our good Subjects , to whom any Debts are Due by Our Forces , and Garisons , for the Causes above-written preceeding the Day above-mentioned , to transmit the same with the Verifications thereof , and report of the Commissioners of Supply thereupon , clearly and distinctly instructed , and Verified in manner above exprest , to the Clerks of Our Privy Council , betwixt and the said fifteenth Day of March next to come , to the Effect , that when ever the foresaids Accompts upon the Scots Establishment , hereby ordered to be brought in , shall be revised and approven , by the Lords of Our Privy Council , to whom We earnestly recommend , to dispatch the same with all Diligence possible : Then the Lords of Our Theasury are with all one convenience , to give precepts to the Shires , and Burghs and other Creditors in the saids Accompts , upon the Receiver of Our Crown-Rents , for Payment to them , of the respective Sums that shall be found Due by the Lords of Our Privy Council , in manner foresaid , out of the Lack Duty of the Pole-mony , appointed to be payed to him at Candlesmass and Whitsundy next , and Our said Receiver is to make punctual Payment of the saids precepts , after the foresaids Terms , as he shall be ordered by the saids Lords of Our Treasury : and that the Debts of these upon the English Establishment being so Stated , and distinctly cleared , may be transmitted to Vs ; that We in Our Royal wisdom may order such course to be taken for satisfying the same ; as We shall think just . OWR WILL IS HEREFORE , and We Charge you strictly , and Command , that Incontinent these Our Letters seen , ye pass to the Mercat-Cross of Edinburgh , and remnant Mercat-Crosses of the Head-Burghs of the several Shires within this Kingdom , and there in Our Name and Authority , by open Proclamation , make Intimation hereof , And Ordains these presents to be Printed . Given under Our Signet at Edinburgh , the twenty second day of January , and of Our Reign the Sixth year , 1695 . Per Actum Dominorum Secreti Concilii . GILB . ELLIOT GOD Save King William . Edinburgh , Printed by the Heirs and Successors of Andrew Anderson , Printer to His Most Excellent Majesty , Anno DOM. 1695. 
B05739	----	A proclamation, taking off the stop of execution against heretors, called out to attend his majesties host. Scotland. Privy Council. 1688 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05739 Wing S1992 ESTC R183595 52615092 ocm 52615092 176118 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05739) Transcribed from: (Early English Books Online ; image set 176118) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2762:61) A proclamation, taking off the stop of execution against heretors, called out to attend his majesties host. Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : Anno Dom. 1688. Title vignette: Royal seal with initials J R. Caption title. Initial letter; text in black letter. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Early works to 1800. Military discharge -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 Mona Logarbo Sampled and proofread 2008-06 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion IR royal blazon or coat of arms A PROCLAMATION , Taking off the Stop of Execution against Heretors , Called out to attend His Majesties Host . Edinburgh , the seventh day of December , 1688. FORASMUCH as by a Proclamation of the Date , the third day of October last , Calling out the Heretors and others , to attend His Majesties Host , There was thereby personal Protection granted to all , who were Called to attend the said Service , against all personal Execution , for any civil Cause , or Debt ; as is alwayes usual and customary on such occasions . And now His Majesties Privy Council Considering it unnecessary to give is Majesties Leidges any further trouble in that Service , and that they have Dismissed the Heretors and others , who were Called out to that effect : Therefore the Lords of His Majesties Privy Council Do hereby Discharge the said personal Protection , and takes off all Stopes , to all personal Diligences whatsomever , granted upon the account above-mentioned , after the Twentieth day of December instant , that in the mean time , the persons respectively concerned herein may return home . And Ordain these Presents to be forthwith published at the Mercat-Cross of Edinburgh , and other Mercat-Crosses of the Head Burghs of the Shires of this Kingdom , That none pretend ignorance . Extracted forth of the Records of Privy Council , by me COL : M CKENZIE . Cls. Sti. Concilii . GOD Save the KING . Edinburgh , Printed by the Heir of Andrew Anderson . Printer to his most Sacred Majesty , Anno Dom , 1698. 
B05740	----	A publication of the royal authority, of the most serene, most mighty, and most august monarch, James the Seventh by the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, &c. Scotland. Privy Council. 1685 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B05740 Wing S1993 ESTC R183596 53299302 ocm 53299302 180031 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05740) Transcribed from: (Early English Books Online ; image set 180031) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2810:56) A publication of the royal authority, of the most serene, most mighty, and most august monarch, James the Seventh by the grace of God King of Scotland, England, France, and Ireland, Defender of the Faith, &c. Scotland. Privy Council. Scotland. Sovereign (1685-1688 : James VII). 1 sheet ([1] p.) Printed by the heir of Andrew Anderson ..., Edinburgh, : Anno Dom. 1685. Caption title. Initial letter. Title vignette: royal seal with initials J R. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Charles -- II, -- King of England, 1630-1685 -- Death and burial -- Sources. James -- II, -- King of England, 1633-1700 -- Early works to 1800. Scotland -- Kings and rulers -- Succession -- Early works to 1800. Scotland -- History -- 1660-1688 -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Emma (Leeson) Huber Sampled and proofread 2008-08 SPi Global Rekeyed and resubmitted 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion J R HONI SOIT QUI MAL Y PENSE royal blazon or coat of arms A PUBLICATION , Of the Royal Authority , of the most Serene , most Mighty , and most August Monarch , James the Seventh , by the Grace of God , King of Scotland , England , France , and Ireland , Defender of the Faith , &c. The Earl of Perth , Lord High Chancellor . The Lord Arch-bishop of St. Andrews . The Duke of Queensberry , Lord High Thesaurer . The Lord Arch-bishop of Glasgow . The Lord Marquess of Athol , Lord Privy Seal . The Lord Duke of Hamilton . The Lord Marquess of Douglas . The Earl of Drumlanrig . The Earl of Wintoun . The Earl of Linlithgow , Lord Justice-general . The Earl of Southesk . The Earl of Panmure . The Earl of Tweedale . The Earl of Balcarras . The Lord Yester . The Lord Kinnaird . L. President of the Session . L. Register . L. Advocat . L. Justice-Clerk . L. Castlehill . General Lieutennent Drummond . Drumelȝeer . Abbotshall . Collonel Grahame of Claver-house . Gossfoord . FOrasmuch as it hath pleased the Almighty GOD , to Call CHARLES the Second , Our late Soveraign Lord , of Glorious , and ever Blessed Memory , from a Temporary Crown , to Inherit an Eternal in the Heavens ; Whereby the undoubted Right of Succession , to Him , in the Imperial Crown of This Realm , was immediatly Devolved on the Sacred Person of His Royal ; and Dearest Brother , Our present Sacred Soveraign ( whom GOD long preserve ) Therefore We , the Lords of His Majesties Privy Council , Authorized in that Capacity , by His Majesties Royal Letter , bearing Date at Whitehall , the sixth Day of February instant , Do , with the Concurrence of Several other Lords , Spiritual , and Temporal , Barons , and Burgesses of this Realm ; Hereby Declare , and Proclaim to all the World , That Our Soveraign Lord JAMES the Seventh , is by Lawful and undoubted Succession and Descent , KING of Scotland , England , France , and Ireland , and the Dominions there unto-belonging , Defender of the Faith , &c. ( Whom GOD preserve and Bless with a long , Glorious , Happy Life and Prosperous Reign ) And whom We shall humbly Obey , Dutifully and Faithfully Serve , Maintain and Defend , with Our Lives and Fortunes against all Deadly , as Our only Righteous King and Soveraign , overall Persons , and in all Causes , as Holding His Imperial Crown from GOD alone . And for Testification whereof , We here , in presence of the Almighty God , and a great number of His Majesties Faithful People , of all Estates and Qualities , who are assisting with Us , at this Solemn Publication , of Our Due , Humble , and Faithful Acknowledgement of His Supream Soveraign Authority , at the Mercat Cross of the City of Edinburgh , Declare and Publish , That Our said Soveraign Lord , by the Goodness and Providence of Almighty GOD , is of Scotland , England , France , and Ireland , and Dominions thereunto-belonging , The most POTENT , MIGHTY , and undoubted KING . And hereby give Our Oaths , with up-lifted Hands , that We shall bear True and Faithful Alleadgeance , unto Our said Sacred Soveraign , JAMES the Seventh ; King of Great-Britain , France , and Ireland , Defender of the Faith , &c. And to His Lawful Heirs and Successors , and shall perform all Duties , Service , and Obedience to Him , as becomes His Faithful , Loyal , and Dutiful Subjects . So help Us GOD. Per actum Dominorum Secreti Cancilii . WILL. PATERSON , Cls. Sti. Concilii . GOD save King JAMES the Seventh . Edinburgh , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno Dom. 1685. 
B05745	----	Apud Edinburgum undecimo Maii 1643. Forasmeikle as the Lords of Privie Councell, commissioners for conserving the peace, and commissioners for the common burdens, taking to their consideration the necessitites of the Scottish Army ... Scotland. Privy Council. This text is an enriched version of the TCP digital transcription B05745 of text R183607 in the English Short Title Catalog (Wing S2013). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 B05745 Wing S2013 ESTC R183607 53981746 ocm 53981746 180379 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05745) Transcribed from: (Early English Books Online ; image set 180379) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2827:8) Apud Edinburgum undecimo Maii 1643. Forasmeikle as the Lords of Privie Councell, commissioners for conserving the peace, and commissioners for the common burdens, taking to their consideration the necessitites of the Scottish Army ... Scotland. Privy Council. 1 sheet ([1] p.) by Evan Tyler, Printer to the Kings most excellent Majestie, Printed at Edinburgh : Anno 1643. Caption title. Initial letter. Signed at end: Arch. Primerose Cler. S. Cons. Imperfect: cropped with slight loss of text. Reproduction of the original in the National Library of Scotland. eng Scotland. -- Army -- Finance -- Law and legislation -- Early works to 1800. Scotland -- Politics and government -- 1642-1649 -- Sources. Broadsides -- Scotland -- 17th century. B05745 R183607 (Wing S2013). civilwar no Apud Edinburgum undecimo Maii 1643. Forasmeikle as the Lords of Privie Councell, commissioners for conserving the peace, and commissioners f Scotland. Privy Council 1643 539 8 0 0 0 0 0 148 F The rate of 148 defects per 10,000 words puts this text in the F category of texts with 100 or more defects per 10,000 words. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-03 Mona Logarbo Sampled and proofread 2008-03 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Apud Edinburgum undecimo Maii 1643. FOrsameikle as the Lords of Privie Councell , Commissioners for conserving the peace , and Commissioners for the common burdens , taking to their consideration the necessities of the Scottish Army in Ireland , which for want of pay , victuall , and cloathes , is not able longer to subsist , And having according to their bound dutie resolved to provide some supply for their present maintenance , did therefore by their act of the fourth of March last determine that the sum of twenty thousand pound sterling , & as much more as should be voluntarily offered by his Majesties good subjects betwixt and the first day of May instant , should be presently borrowed to that effect , upon the conditions and securitie contained in the said Act : And now considering that in respect of the shortnesse of time many of His Majesties goods Subjects who will willingly put to their helping hand to this religious and necessary work , could not have timous advertisement to provide what they are to lend , and that the whole moneyes already given is onely able to furnish some meale to the souldiers , without which they had either starved or disbanded ere now . Therefore the saids Lords of Privie Councell , and Commissioners of both Commissions foresaids , doe hereby declare , that what ●ummes of money shal be yet lent for the use foresaid , betwixt and the tenth of July next to come , shall be thankfully payed to the len●ers , their heires , executors , and assignes , betwixt and the first of August next ; together with the ordinary annuall rent , from the 〈…〉 me of the lending of the same , so long as the whole or any part thereof shall remaine unpaid , and that conform to the tenour of the ●●oresaid Act of the fourth of March , which is holden as here repeated ; and that the lenders shall upon deliverie of their money have Tickets of receipt , and Acts of Counsell in manner contained in the said Act. And als declares , that as any summes of money , due ●r to be due to the Armie , shall come from the Parliament of England , or otherwayes whatsoever , that the same shall be imployed ●or payment of the advancers proportionally , according to the summes lent by them . And therefore the saids Lords of Privie Councell , with consent foresaid , doe now , as of before , desire every one of His Majesties subjects , who will contribute their assistance ●●erein , that they will be pleased speedily to advance such summes as they shall think sit upon assurance and security in manner foresaid : And ordains thir presents to be registrate in the books of Councell and Commissions foresaids , and to have the force of an Act of the ●…ids Judicatories jointly and severally , and to be printed together with the former Act of the fourth of March . Arch. Primerose Cler. S. Cons. Printed at Edinburgh by EVAN TYLER Printer to the Kings most Excellent Majestie , Anno 1643. 
B05868	----	Advertisement Whereas his sacred Majesty, by his patent, hath constituted Sir Robert Sibbald, one of his physicians in ordinary, his geographer for his kingdom of Scotland, and commandeth and ordaineth him to publish the description of the Scotia antiqua & Scotia moderna, and the natural history of the products of his ancient kingdom of Scotland... Sibbald, Robert, Sir, 1641-1722. 1682 Approx. 6 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B05868 Wing S3721A ESTC R184238 52529324 ocm 52529324 179120 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B05868) Transcribed from: (Early English Books Online ; image set 179120) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2777:13) Advertisement Whereas his sacred Majesty, by his patent, hath constituted Sir Robert Sibbald, one of his physicians in ordinary, his geographer for his kingdom of Scotland, and commandeth and ordaineth him to publish the description of the Scotia antiqua & Scotia moderna, and the natural history of the products of his ancient kingdom of Scotland... Sibbald, Robert, Sir, 1641-1722. 1 sheet ([1] p.) Printed by John Reid, at his Printing-House in Bells-Wynd, Edinburgh : Anno 1682. Title from caption and first lines of text. In double columns. Imperfect: creased and torn with slight loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland -- Historical geography -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-05 SPi Global Keyed and coded from ProQuest page images 2008-06 Mona Logarbo Sampled and proofread 2008-06 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion ADVERTISEMENT WHEREAS His Sacred MAJESTY , by His Patent , hath constituted Sir Robert Sibbald , one of His Physicians in Ordinary , His Geographer for His Kingdom of SCOTLAND , and Commandeth and Ordaineth him to publish the Description of the Scotia Antiqua , & Scotia Moderna , and the Natural History of the Products of His Ancient Kingdom of SCOTLAND : These are earnestly to entreat all persons , that they would be pleased freely to communicate their Answers to these following Queries , or any of them , Directing them to the said Sir Robert Sibbald at his Lodging at Edinburgh , or to Master James Broun at his house in Harts-closs , who is Deputed by the said Sir Robert Sibbald , to receive and Registrate them ; or to Robert Mean , Post-master at Edinburgh , to be sent to any of them : Withall specifying in their Letters , the place of their Habitation , that they may be again Written to , if Occasion require ; And an Honourable Mention shall be made of them in the Work , according to the Importance of the Information . General Queries , to which Answers are desired . I. What the Nature of the County or place is ? And what are the chief products thereof ? II. What Plants , Animals , Mettals , Substances cast up by the Sea , are peculiar to the place , and how Ordered ? III. What Forrests , Woods , Parks ? What Springs , Rivers , Loughs ? With their various properties , whether Medicinal ? With what Fish replenished , whether rapid or flow ? &c. The rise of the Rivers , and their Emboucheurs ? IV. What Roads , Bayes , Ports for shipping , and their Description ? And what Moon causeth High-water ? What Rocks , and sholes on their Coast ? V. What Ancient Monuments , Inscriptions , graved and figured Stones ; Forts and ancient Camps ? And what Curiosities of Art 〈…〉 have been found the●● ? VI. What great Battels have been there fought , Or any other Memorable Action or Accident ? VII . What peculiar Customs , Manners or Dispositions the Inhabitants of each County or Town have among them ? VIII . What Monasteries , Cathedrals , or other Churches have been there , and how named ? IX . What places give , or formerly have given the Title to any Noble-man ? As also , what ancient Seats of Noble-Families are to be met with ? X. What the Government of the County is ? whether Sheriffdom , Stewartry , or Baillery ? XI . What Towns of Note in the County , especially Towns Corporate ? The Names of the Towns both Ancient and Modern ? Whether they be Burrows Royal , of Regality or Barony ? The Magistracy of Towns Corporated , when Incorporated ? And by whom built ? With the Return of Parliament-Men ? The Trade of the Town ; How inhabited , and their manner of Buildings ? What Publick or Ancient Buildings ? Their Jurisdiction ? & c. XII . In what Bishoprick each County or any part thereof is ? Who is Sheriff , Stewart or Baily ? And who commands the Militia ? What Castles , Forts , Forrests , Parks , Woods , His MAJESTIE hath there ? & c. To the NOBILITY . What Sheriffdomes , Bailliries , Stewartries , Regalities , Baronies and Burrows they have under them ? What Command of the Militia ? What special Priviledge , Dignity and Heritable Command they have ? The Rise of their Family , Continuance , and their Branches ? What Forrests , Woods , Parks , Loughs , Rivers , Mines , and Quarries they have ? What Fishing ? & c. What Harbours they have ? What their Titles are ? What Memorable Actions raised or Aggrandized their Family ? & c. To the CLERGY . What their Priviledges and Dignities are ? Their Erection ? The Bounds of their Diocese ? Their Chapter ? The number of their Parishes in their Diocese ? Their Jurisdiction , their Foundations for publick ●●d pious Uses their Re 〈…〉 What Lands hold of them ? Their Houses ? & c. To the GENTRY . What the Rise of their Family , their Priviledge and Dignity ? What Baronies and Burrows under them ? What Harbours , what Forrests , Woods , Parks ? Their Houses , the Description and Names of them ? The Chief of the Name and the Branches ? The Memorable Exploits done by them , and the Eminent Men of the Name ? Their Heritable Command and Jurisdiction ? & c. To the Royal BURROWS . Of what Standing ? The Constitution of their Government ? their Priviledges , Jurisdiction and its Extent ? Their publick Houses , Churches , Forts , Monuments , Universities , Colledges , Schools , Hospitals , Manufactures , Harbours ? What their Latitude and Longitude is ? & c. To the UNIVERSIT 〈…〉 〈…〉 DGES. What Standing they are of ? Their priviledges Jurisdiction and its Extent , their Constitution ? The Number of their Professors , their Names , what they teach ? Their Salaries , Foundations , and their Founders ? Their Revenue and Dependencies ? Their Houses , Churches and Chappels , Aedifices and Monuments ? Their Libraries , Curious Instruments ? The a●count of the famous Men bred there , or Masters there ? What are the Observations of the Masters or Students , that may be for the Embellishment of this Work ? The Answers to these preceeding Queries are to be Registrate , and to be Insert in their proper places . The Answers to these Queries is earnestly desired that no person may complain , if what concerns them be not insert : For the Author is resolved to insert all that he is assured of the Truth , and certainty of , as Informed . Imprimatur Jo : Edinburgen . Edinburgh , Printed by John Reid , at his Printing-House in Bells-Wynd . Anno 1682. 
B06076	----	Act concerning the declaration to be signed by all persons in publick trust. At Edinburgh, the fifth day of Septembre, one thousand six hundred and sixty two. Scotland. Parliament. Committee of Estates. 1662 Approx. 5 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06076 52612232 Wing S1067 ESTC R183874 52612232 ocm 52612232 179537 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06076) Transcribed from: (Early English Books Online ; image set 179537) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2793:9) Act concerning the declaration to be signed by all persons in publick trust. At Edinburgh, the fifth day of Septembre, one thousand six hundred and sixty two. Scotland. Parliament. Committee of Estates. Scotland. Sovereign (1649-1685 : Charles II) 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty, Edinburgh : 1662. Caption title. Royal arms at head of text; initial letter. Text partly in black letter. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Loyalty oaths -- Scotland -- Early works to 1800. Scotland -- Officials and employees -- Legal status, laws, etc. -- Early works to 1800. Scotland -- Politics and government -- 1660-1688 -- Sources. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ACT Concerning the DECLARATION To be signed by all persons in publick Trust . At Edinburgh , the fifth day of September , one thousand six hundred and sixty two . FOrasmuch as it hath pleased Almighty God , in His Majesties Restitution to His Royal Government , to restore this Kingdom to its ancient liberties and peace , and to deliver His Majesties good Subjects from these miseries and bondage whereby they have been oppressed , during these troubles ; And the Estates of Parliament , finding themselves obliged in a due resentment of this mercy , and in discharge of that duty they owe to God , to the Kings Majesty , to the publick peace of the Kingdom , and the good of His Subjects , To use all means for the due preservation of that peace and happiness they now enjoy under His Royal Government ; and to prevent and suppresse every thing that may tend to the renewing or favouring of these courses , by which the late Rebellion hath been fomented and carryed on ; And conceiving , that the imploying of persons of found principles and entire loyalty , in all offices of Trust and places of publick Administration , will conduce much to these ends . Therefore , and for quieting the spirits of His Majesties good Subjects , and begetting a confidence in them of their security for the future , His Majesty hath thought fit , with advice and consent of His Estates of Parliament , to Statute , Ordian and Enact ; Likeas His Majesty , by these presents , doth , with advice foresaid , Statute , Ordain and Enact , That all such persons as shall hereafter be called or admitted to any publick Trust or Office , under His Majesties Government within this Kingdom ; that is to say , to be Officers of State , Members of Parliament , Privy Councellors , Lords of Session , Commissioners in Exchequer , Members of the Colledge of Iustice , Sheriffs , Stewarts or Commissaries , their Deputes and Clerks , Magistrates and Council of Borroughs , Iustices of Peace and their Clerks , or any other publick Charge , Office and Trust within this Kingdom ; shall at and before their admission to the exercise of such Places or Offices , publickly , in face of the respective Courts they relate to , subscribe the Declaration underwritten : And that they shall have no right to their said Offices or Benefites thereof , untill they subscribe the same as said is ; but that every such person who shall offer to enter and exerce any such Office , before he subscribe the Declaration , is to be repute and punished as an usurper of His Majesties Authority , and the place to be disposed to another . Likeas His Majesty doth , with advice foresaid , remit to His Commissioner , to take such course as he shall think fit , how these who are presently in office , may subscribe the said Declaration . And it is hereby Declared , that this Act is without prejudice of any former Acts , for taking the Oath of Alleagiance , and asserting the Royal Prerogative . I Do sincerely affirm and declare , that I judge it unlawfull to Subjects , upon pretence of Reformation or other pretence whatsoever , to enter into Leagues and Covenants , or to take up Armes against the King or these commissionated by Him : And that all these Gatherings , Convocations , Petitions , Protestations , and erecting and keeping of Council-tables , that were used in the beginning , and for carrying on , of the late troubles , were unlawfull and seditious . And particularly , that these Oaths , whereof the one was commonly called The National Covenant , ( as it was sworn and explained in the year , one thousand six hundred and thirty eight , and thereafter ) and the other entituled , A Solemn League and Covenant , were , and are , in themselves , unlawfull Oaths , and were taken by , and imposed upon , the Subjects of this Kingdom , against the fundamental Laws and Liberties of the same . And that there lyeth no obligation upon me , or any of the Subjects , from the saids Oaths , or either of them , to endeavour any change or alteration of the Government , either in Church or State , as it is now established by the Laws of the Kingdom . Edinburgh Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , 1662. 
B06077	----	Act for a new imposition upon English commodities. At Edinburgh, the twenty one of August, one thousand six hundred and sixty three. Scotland. Parliament. Committee of Estates. 1663 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06077 52612233 Wing S1081 ESTC R183888 52612233 ocm 52612233 179538 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06077) Transcribed from: (Early English Books Online ; image set 179538) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2793:10) Act for a new imposition upon English commodities. At Edinburgh, the twenty one of August, one thousand six hundred and sixty three. Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) Printed by Evan Tyler, Printer to the Kings most excellent Majesty, Edinburgh : 1663. Caption title. Royal arms at head of text; initial letter. Imperfect: stained with some loss of text. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Tariff -- Law and legislation -- Scotland -- Early works to 1800. Scotland -- Commerce -- England -- Early works to 1800. England -- Commerce -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-05 TCP Assigned for keying and markup 2008-08 SPi Global Keyed and coded from ProQuest page images 2008-10 Mona Logarbo Sampled and proofread 2008-10 Mona Logarbo Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion C R HONI SOIT QVI MAL Y PENSE royal blazon or coat of arms ACT For a new Imposition upon English COMMODITIES . At Edinburgh , the twenty one of August , one thousand six hundred and sixty three . THe Estates of Parliament considering , how much it concernes the credit and wealth of the Kingdom , that our own native Commodities be manufactured amongst our selves , and that the endeavours of such persons as are setting up Manufacturies and Trades have been , and are much retarded , by the importation of such forreign Commodities as may be made within the Kingdom . Therefore , and for their due encouragment , the Kings Majesty , with advice and consent of the Estates of Parliament , Statutes and Ordains , that from and after the first day of September next , twelve pounds Scots upon ilk ell of broad English Cloath ; six pounds upon ilk ell , of York-shire and all narrow Cloath ; two pounds eight shillings upon ilk ell of Searge ; thirty shillings upon ilk ell of Castilians ; fourty eight pounds upon ilk Beaver-hat ; twenty four pounds upon ilk Demy beaver 〈◊〉 vigon ; and three pounds upon the piece of ilk common Hat ; thirty six pounds upon the 〈…〉 four pounds upon the dozen of Stag-gloves ▪ , and 〈◊〉 pounds upon the dozen of 〈◊〉 〈◊〉 , C 〈…〉 s , Kid or Shiverings ; and twenty four shillings upon ilk pound of Tobacco imported either for sale or private use into this Kingdom from England , all Scots money , Be exacted , levied and collected and fourscore per cent . upon all other sorts of Commodities imported into this Kingdom from England , and not particularly named in this Act , and upon all the growth and manufactury of that Kingdom , though imported from any other place , and that over and above all other impositions put upon the same already . And to the effect this present Act may be the more exactly put to execution , It is Statute and Ordained , that all Goods imported from England , or of the growth and manufactury of England , not above particularly exprest , shall be valued , after sighting , by two skilfull honest men upon oath , to be nominate by the Dean of Gild or his Assessors , or Magistrates of the Burgh , or next adjacent Burgh to the Custom-office where the saids G●●●● are entered , or by the oath of the party to whom the saids Goods belongs , and accordingly pay the said f●●●●score per cent . And the Lords Thesaurer and Thesaurer-depute , and Lords of His Maiesties Exchequer , are hereby required to take an Oath , and Bond with sufficient Caution , from the Farmers or Collectors of the saids impositions , that they shall exactly collect the same , without any abatement thereof , directly or in directly ; and that they shall not suffer any of the saids Goods to pass or be conveyed away un-entered , and that under the penalty of the worth of the saids Goods , if the contrary shall be made appear , the one half thereof to His Maiesties use , and the other half to the informer , and under the pain of forfaulting their Lacks and Commissions , and being declared incapable to farm or collect , in any time thereafter , any Custom , Excise , or other Imposition whatsoever within this Kingdom . And if any of the foresaids Goods or Commodities shall be informed and made appear to be brought in , or shall be seized upon , not being entered in the Custom-office , or any other Office appointed for that effect , then the same to be wholly confiscate , the one half to His Maiesties use , and the other half to the first informer or seizer thereof . And Ordains these presents to be printed , and published at the Mercat Cross of Edinburgh , and other places needfull , where-through none may pretend ignorance of the same . EDINBVRGH , Printed by Evan Tyler , Printer to the Kings most Excellent Majesty , 1663. 
B06103	----	To his Grace, his Majestys High Commissioner, and the honourable Estates of Parliament the petition of several nobles and barrons [sic] concerned in burghs of regality and barrony, and other inhabitants within this kingdom. 1698 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B06103 Wing T1363D ESTC R185109 53299317 ocm 53299317 180044 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06103) Transcribed from: (Early English Books Online ; image set 180044) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2811:11) To his Grace, his Majestys High Commissioner, and the honourable Estates of Parliament the petition of several nobles and barrons [sic] concerned in burghs of regality and barrony, and other inhabitants within this kingdom. Scotland. Sovereign (1694-1702 : William II) 1 sheet ([1] p.) s.n., [Edinburgh : 1698?] Caption title. Place and date of publication suggested by Wing (2nd ed.). Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Foreign trade regulation -- Scotland -- Early works to 1800. Scotland -- Commerce -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-01 TCP Assigned for keying and markup 2008-01 SPi Global Keyed and coded from ProQuest page images 2008-02 Elspeth Healey Sampled and proofread 2008-02 Elspeth Healey Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion To His GRACE , HIS MAJESTY's HIGH COMMISSIONER . And the Honourable ESTATES OF PARLIAMENT The PETITION of several NOBLES and BARRONS concerned in Burghs of Regality and Barrony , and other Inhabitants within this Kingdom . Humbly Sheweth THAT there being an Act offered to your Grace and Lordships , for Explaining the Import of the Words in the Act of Parliament 1693 ( anent Communication of Trade ) Discharging all Persons whatsomever to exercise any kind of Trade ; which we humbly conceive did not extend to the Trading in the Native Commodities of the Kingdom , or to Handycrafts-men following their several Imployments , or to Retailing Forreign Commodities bought from Burgesses of Royal Burghs ; The saids Priviledges being secured to us by former Laws , no ways Abtogat or Rescinded . When the said Act was moved , after some little Debate it was laid aside and delayed . And seing the Explaining of the saids Words is a Matter of Universal Concern to this Kingdom , May it therefore please your Grace and Lordships to Call for the said Act , which lyes in the Clerk's Hand , and to Explain and declare your Meaning by the forsaid Words ; that the Leidges may be determined thereanent , and freed from the Expenses of further Quibbling thereupon . 
B06364	----	Unto his Grace, the Marquess of Tweeddale, his Majesties High Commissioner, and the remanent [sic] honourable estates of Parliament. The petition of the heretors, fewars, liferenters and tennents of the shyres of Inverness, Ross, Cromarty, Elgin, Nairn, Bamff, Aberdeen, Merns, Perth, Fyffe, Angus, Kinross and Stirling, and burghs within the samen. 1695 Approx. 2 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-03 (EEBO-TCP Phase 1). B06364 Wing U100C ESTC R185881 52529054 ocm 52529054 179183 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06364) Transcribed from: (Early English Books Online ; image set 179183) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2779:18) Unto his Grace, the Marquess of Tweeddale, his Majesties High Commissioner, and the remanent [sic] honourable estates of Parliament. The petition of the heretors, fewars, liferenters and tennents of the shyres of Inverness, Ross, Cromarty, Elgin, Nairn, Bamff, Aberdeen, Merns, Perth, Fyffe, Angus, Kinross and Stirling, and burghs within the samen. Tweeddale, Charles Hay, Marquis of, 1667-1715. Scotland. Parliament. Committee of Estates. 1 sheet ([1] p.) s.n., [Edinburgh : 1695] Caption title. Imprint suggested by Wing. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Army -- Appropriations and expenditures -- Early works to 1800. Scotland. -- Army -- Equipment -- Early works to 1800. Reparation -- Scotland -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-02 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2008-08 Mona Logarbo Sampled and proofread 2008-08 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion Vnto His Grace , the Marquess of Tweeddale , His MAJESTIES High Commissioner , and the Remanent Honourable Estates of Parliament . The PETITION of The Heretors , Fewars , Liferenters and Tennents of the Shyres of Inverness , Ross , Cromarty , Elgin , Nairn , Bamff , Aberdeen , Merns , Perth , Fyffe , Angus , Kinross and Stirling , and Burghs within the samen , Humbly sheweth , THat where Your Petitioners , in Complyance with the several Proclamations of Privy Council emitted , did furnish several Baggage Horses , when Leiutenant-General Mckay , and the Forces under his command went to Lochaber , and to Major-General Livingstoun , and the Forces under his command went to Cromdail , and which Horses were never sent back , nor returned : And we having , conform to several Acts of Privy Council , given in our Accompts , resting to the several Shyres and Burghs upon Probation taken before the Commissioners of Supplie to the Lords of Privy Council ; They have allowed the Corn , Straw , Meal and other necessary Provisions , furnished by your Petitioners to his Majesties Forces , but refuses to allow any pryce for the Baggage Horses , though the loss thereof is of more value to them , than what they otherwise have got for Corn , Straw , and other necessary Provision furnished by them . May it therefore please Your Grace , and the Honourable Estates of Parliament , to take your Petitioners case to consideration , and to allow them payment for the saids Baggage Horses , furnished as said is , conform to the Commissioners of Supply of the several Shires their Report , and that out of the Pole-money : And your Petitioners shal ever pray 
A47584	----	The historie of the reformation of the Church of Scotland containing five books : together with some treatises conducing to the history. Knox, John, ca. 1514-1572. 1644 Approx. 2171 KB of XML-encoded text transcribed from 328 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-03 (EEBO-TCP Phase 1). A47584 Wing K738 ESTC R12446 12426413 ocm 12426413 61872 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A47584) Transcribed from: (Early English Books Online ; image set 61872) Images scanned from microfilm: (Early English books, 1641-1700 ; 280:11) The historie of the reformation of the Church of Scotland containing five books : together with some treatises conducing to the history. Knox, John, ca. 1514-1572. Buchanan, David, 1595?-1652? [84], 460, 122 p. Printed by John Raworth for George Thomason and Octavian Pullen ..., London : 1644. "To the reader" signed: D.B. Edited, with a life of Knox and a preface, by David Buchanan. Cf. DNB. "Published by authority" Errata: p. [84]. Reproduction of original in Huntington Library. Includes: "The appellation of John Knox, from the ... sentence pronounced against him (p. 1-33); "The admonition of John Knox to his beloved brethren the commonalty of Scotland" (p. 34-42); "A faithfull admonition made by John Knox to the true professors of the Gospel of Christ within the kingdom of England, 1554" (p. 43-79); "The copie of a letter delivered to Queen Mary, Regent of Scotland" (p. 80-97); and "A sermon preached by John Knox [August 19, 1565]" (p. 96 [i.e. 98]-122). Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Knox, John, ca. 1514-1572. Mary, -- Queen, consort of James V, King of Scotland, 1515-1560. Church of Scotland -- History. Reformation -- Scotland. Scotland -- Church history -- 16th century. 2002-08 TCP Assigned for keying and markup 2002-09 SPi Global Keyed and coded from ProQuest page images 2003-01 Paul Schaffner Sampled and proofread 2003-01 Paul Schaffner Text and markup reviewed and edited 2003-02 pfs Batch review (QC) and XML conversion THE ECCLESIASTICALL HISTORY OF SCOTLAND . THE HISTORIE Of the REFORMATION OF THE CHURCH OF SCOTLAND ; Containing five Books : Together with some TREATISES conducing to the History . Published by Authority . JEREM. 5.1 . Run ye to and fro thorow the streets of Jerusalem , and see now , and know , and seek in the broad places thereof , if ye can finde a man , if there be any executeth Iudgement , that seeketh the Truth , and I will pardon it . 2 COR. 13.8 . For we can do nothing against the Truth , but for the Truth . LONDON , Printed by Iohn Raworth , for George Thomason and Octavian Pullen , and are to be sold at the signe of the Rose in Pauls Church-yard . MDCXLIV . To the Reader . Christian Reader , HEre I present unto thee a Piece , I dare promise , worthy of thy reading ; wherein thou hast a true and plain Relation ( without disguising ) of many memorable Passages happened in the Church of God , and likewise some notable ones in the State of the Kingdom of Scotland , from the very first setling of State and Church in that Countrey . But namely , and chiefly , thou hast here related what principally passed in Church and State in this our Countrey , during the great Work of purging the Church from the Superstitions and Idolatry , and freeing both Church and State from the Tyranny and Slavery of Popery , untill the coming of King James , our late Soveraign , to the Crown of Scotland . Further , beside the true and faithfull Relation of many Occurrences that fell out in these dayes in Scotland , thou hast unfolded unto thee , and made plain , the strong Reasons , and necessery Causes that moved these men who are here named , although infirm and weake in themselves , to undergo the great Work of Reformation : With the solid Grounds upon which they went on with this weighty Businesse willingly and cheerfully , notwithstanding the great rubs and difficulties they met withall , through the help and assistance of God , who by them , mean Instruments , brought things to passe , in despight of the malice and stratagems of Sathan , with his agents , for the good of his People , and the setling of his Church in Purity and Liberty . All these things are set down plainly and simply , in familiar and homely Language ; Yet so , that they may be with ease apprehended and understood by any one . From what thou hast here , written in this Volume , although there were no other Writings in this kinde extant , thou mayest see easily , by what means the great Mystery of Iniquity , from the very first Rise , hath been set afoot , and constantly , ever since , hath been carried on ; to wit , By cunning Devices , impudent Lyes , continued and crafty Plots , under specious Pretexts , and open Oppression , Tyranny , and Cruelties , within Scotland , till the yeer of Christ 1567. After which time , the enemies of God , and of his People , have not been sleeping , till this present , more then formerly . Wherefore , for thy good , Christian Reader , I have thought fit in this place to point at some main Occurrences from that time till now . First then , the adversaries of Truth and Goodnesse , under the specious Pretext of restoring Queen Mary to her Liberty , and of re-establishing her in full Authority , and sole Power , did disquiet and trouble both Church and State in Scotland , both with open Force , and subtill Plots , for some yeers , that is , to the 1573 yeer . But finding that all their Undertakings , under this pretext , proved to be in vain , and without successe , and standing to their main Designe of undoing Religion and Liberty , they bethought themselves of another way , in appearance more plausible , for compassing their wicked Intents ; it was , To deal , by way of entreaty and request , with the chief Ministers of State and Church then , To have the Mother set at liberty , and to be joynt in Authority and Power with her Son. And , for the obtaining of this , was employed the credit of the French Court for the time , with all its skill and cunning ; but to small purpose : For these rude fellows , who managed the publike Affairs then of State and Church , could not be corrupted with the French Complements . In this way the enemies continued , till the yeer 1577 , and did not then give over , notwithstanding their bad successe ; but , according to their wonted and resolved custome , they went on with their Designe , betaking themselves to a new course ; wherein , they had indeed more successe then in either of the former two : It was this ; They did set awork certain men , who with fair words , and flattering tales , so craftily dealt with the young King , hardly yet twelve yeers of age , that they made him cast off , as a yoke , the counsell and service of those , who , ever since his Birth-day , had carefully laboured for the good of State and Church , with the pereservation of his Authority , and safety of his Person : And so the inconsiderate young King , although of most nimble wit and knowing , above his yeers , under the shew of freedom , put himself in the power of those who wished no good to his Person and Authority , and as little to the Church and State , making no scruple to trouble both for their own ends , according to the Instructions of the Masters who set them awork . So , in very short time , they gave unto the young King such impressions ( which did stick too much to him ) that not onely he became averse from those who had been so usefull to the publike , and so serviceable to him , but also he suffered them to be persecuted , yea , some by death , and others by banishment . While the enemies were thus working businesse with us in Scotland , they were not idle with our neighbours in England ; for they were contriving and plotting , under colour of setting the imprisoned Queen at liberty : And were gone so far on in this way in both Kingdoms , that to stop the course and progresse of the enemies , both Countries thought it necessary to enter into a mutuall League and Covenant one with another , for the defence of the Reformed Religion , and Liberties of both Kingdoms , with the preservation of the Persons and Authorities of both Princes , King James and Queen Elizabeth , against the common enemy . This was done by the consent of both Princes , in the yeer 1686. After this , the enemy seeing the warinesse of both Kingdoms to be such , that in a short time he was not likely to advance the main Designe according to his minde , by craft and cunning leaveth off for a time to act the part of the Fox , and openly declares himself to be a ravishing Wolf : So the yeer 1588 the Armado cometh against both Kingdoms , which God , in his mercy unto our fathers and us , brought to nought . About this time , and some yeers before , the agents of the enemy were very busie with King James to break with England , and to revenge the hard usage , and ill treatment of his Mother : But God did direct him so , for his own good , that he did give no consent to their evil counsell . Upon this refusall of the Kings , the agents of the common enemy do bestir themselves to trouble both King and Kingdom ; which they did in a high measure , in the yeer 1595. This gave occasion then both to Prince and people to enter into Covenant for the defence of the Truth , and pure Doctrine of the Church , with the Reformed Discipline , and of the safety of the King and Kingdom ; by which means , the proceedings of the enemies was stopped for a while . Now the time drawing neer of the Kings coming to the Crown of England , the watching enemy returns to work again , in another manner then he had done hitherto ; which was this : By the mouths of some timerous and worldly men , he causeth to present unto the King the consideration of great difficulties that he was likely to finde , in his succeeding to the Crown of England , by two parties there , who were given out to be the Strength of the Kingdom ; to wit , the profest Papists , and the Prelaticall men ; therefore , to facilitate the businesse , they must be in some sort contented . For the satisfaction of the Prelates , the King , by degrees , must endeavour to bring again into Scotland Prelacy , with all its dependences ; for no neglecter or contemner of the holy Order could be kindely received to reigne in England : and so this part of the advice was followed with all possible care and diligence . To content the Papists , they not onely must have given unto them under-hand hopes of connivence , and over seeing their practice ; but also there must be a Letter written to the Pope , to assure his Holinesse of the Kings affection to the Catholike Cause . Thus both these parties were calmed so far , that the King came to the Crown of England , Anno 1602 , without manifest opposition , albeit not without the grumbling and grudging of some . As for the stricter sort of Professors of the Reformed Religion , going under the nick-name of Puritans , no opposition or trouble to the Succession was feared from them , because the Principles upon which they go on , rising from the Word of God , are far other then those of worldlings , which flow from interest , and consequently , they needed not Atonement , or Propitiatory Sacrifice , to befriend the King. But the holy Father not finding reall performance by the King of what he looked for , remembers the King in good earnest of his promise not kept , by the Gun-powder Plot , Anno 1605. After which ( by Gods mercy failing ) men would have thought , that the Popish party should leave off all undertakings hereafter . But they follow their businesse more constantly then so ; for no sooner one Plot fails , but incontinent they put another afoot ; yea , they have severall Plots at one and the same time in hand , whereof it is likely that either one or other will take . Now this great Plot of the Gun-powder being come to nothing , they , as it were , go back for a time , to come forward in due season with another ; and leaving for a while the open and devouring ravishing of the Wolf , they have recourse again to the cunning of the Fox . The next care then , after the calming in some measure the spirits of men , after so horrid a Treason , is to look about , and to studie by whom : he affairs of these Dominions were managed : And finding , by serious inspection , That all affairs received great influence from the Court , after mature deliberation , they resolved to make friends there ; which they did , by subtill insinuations , fair words , high promises , and some reall performances of good Offices ; yea , when money was absolutely necessary , it was not spared . Thus , by degrees , having gotten friends at Court , in it they make a party next , for whose subsistence and increase , they employ all that they can . Now having power and credit at Court , more and clearly perceiving it to be the fountain from whence all preferment to Honour and benefit in Church and State did flow , they judged it fit for their purpose to make sure of some prime men both in Church and State , according to their minde ▪ which was done as they desired . Thus having gained men chief in State and Church for their use , then they went to the corrupting of the Universities , being the Seminaries of all Liberall Education . This likewise they did effectuate ; first , by the Over-seers connivence to loosenesse of life in young people ; next , by the bad example of the Seniors the Iuniors were invited to do mischief . Then the Teachers , by their bad instruction , did corrupt , namely , in Theologie , all sound Doctrine . And for this purpose , the earnest studie of the Old Testrment in the Originall Hebrew was cryed downe , as beseeming rather men of the Synagogue , then those of the Christian Schools . Likewise the Greek of the New Testament must not be read with diligence , for fear of spoyling the elegancy of the Greek Language , which is to be found in profane Authors . So they withdrew the Students from the studie of Scriptures in the Originall , and recommended to them the reading of humane Writings , particularly in Theologie , the Books of the Ancients , which are commonly called Fathers . Likewise was recommended unto young men the studie of the Sophistry of the Monks , as of Thomas and Scotus namely , with their Expositors . True it is , That if young men were well instructed in Theologie from the Scriptures , and taught the true Principles of Philosophie , in a setled course , by some judicious and diligent Professor , they might reade all these Books , and others in their kinde , with pleasure and benefit . But alas , young men not knowing the rudiments of Theologie , nor the first Elements of Philosophie , are let loose unto themselves , and so by reading these Books , having no sure ground to stick to , learn onely to doubt , and put Queries , yea , of the very Principles of all sound knowledge , both Divine and Humane . Thus being brought to waver and doubt , they are easily led , what by interest , what by weaknesse , to embrace a bad Opinion ; or at least , to hold all uncertain , as the ancient Scepticks , not being able to resolve : Yea , doubting is come to that height , that , in the opinion of many , he is the bravest fellow , and wittiest , that can raise most Queries , answer them who will or can : And so Wit is hugely cryed up , which is but meer froth ; and poor solid Wisedom is not so much as named , or thought on . Then those of the richer sort , having spent some time idly and loosely at the Universities , go beyond Sea , particularly to Italy , forsooth , either upon their own trust , or , which is little better , if not worse , many of those who go along with young men , to advise and direct them , have as much need of one for their guide , as the young men themselves ; having neither staidnesse , discretion , nor probity . So that if there were a just account cast up of all those who either have been bred in the Universities , or gone beyond Sea these many yeers , I will speak within compasse , That of twenty you shall hardly finde one who is improved in vertue by this Breeding , for the good of the Church and State , whereof they are members , and perhaps considerable too , if they were wise and good . At this present both Church and State findes this to be true , by wofull experience , namely , in the Clergie , Gentry , and Nobility . Now these evils have not been in England alone , for Scotland , according to its proportion , in compasse of Bounds , numbers of people , provision of means , and in its distance from Court , hath its full share of all the evil : For first , the Schools of breeding young people at home were become very corrupt ; and many in their travelling abroad , have either miscarried , or little benefited themselves : The fruit we have found , namely , in our corrupt Clergie , yea , and in some of our infatuated Gentry and Nobility : but blessed be God , things are now in a better posture and constitution there , then they have been formerly ; God grant we may have occasion to say the like of England . For Religion , sound knowledge , and true wisedome , with probity have been so neglected and contemned there , to the ignominy and reproach of Christianity , that in these times , there we have seen the dolefull effects of want of Religion , and of these other vertues . But to return to the Court. The Popish party , although they had both power and credit at Court , yet they were not assured to go on so smoothly and speedily with the great Designe , so long as there were any of eminency there , of whom they could not be certain : So Prince Henry was first wished to be out of the way , next , by untimely death was taken away , to the grief of many honest men . This conceived Remora being laid aside , they resolve to go on more freely in their Designe . But although they had gained much upon the affection of the King , yet they can suffer him to expresse the Notions of Religion and wisedom , both by word and writing : Yea , they will yeeld him to follow so far his former Principles , as to match his daughter to one of his Profession : so he marries the Lady Elizabeth to the Prince Elector Palatine , although it was not altogether so pleasing to some chief ones at Court then . These things passed , in the yeer 1613. who , although they would not stop the Marriage to go on , yet they managed the businesse so , that they hindered the Prince Elector Palatine to receive the advantages which in reason he should have had by vertue of it , as help and ayd at his need , &c. Here we must make a little step beyond Sea , and presently return back . Now then , we must know , That as the Popish party have been very busie in these our Dominions , in carrying on the Work of the great Designe of subjecting all to the Pope , directly , or indirectly ; so in other places , where Idolatry and Tyranny had been cast off , they have not been sleeping nor idle , namely , in our neighbour Countreys ; where , when they had made things up for a combustion of War , by their crafty forecasting divisions and corruptions in life and Doctrine of men of place , they kindled the fire ; witnesse the businesse of Barnevel in the Low Countreys , in the yeer 1619. And not long thereafter , the troubles raised in France against the Professors of the Truth ; then in Germany likewise , having all things ready for a War , as they were thinking that the two Houses of Saxe , to wit , the Weymerian , and the now Electorall , was most fit and easie to be embroyled , by reason of the emulation of the Weymerian against the other , for the Electorall Dignity ; taken from it , and given to the other : But conveniently for their purpose , the Elector Palatine being made King of Bohemia , the great agent of the Pope , the House of Austria , takes occasion to make War against him , leaving the House of Saxe , &c. Now to come home again . King James by this time is turned about , and his affection so much cooled and turned from the Protestant party distressed , that for all help or supply to the Protestants of France , he sends complements by Embassadours , with fair promises . And for his son-in-Law , with other Protestants his adherents in Germany , he did little more ; so senselesse is he of the sufferings of Jacob , and unmindefull of his own interest , by suffering those in France and Germany to perish , who not onely did so much honour him , but they being preserved , made him the most redoubted and considerable Prince in Christendom . To speak nothing of his tye by nature unto his own children . Then , contradicting his own published Dictates , he must seek after a Popish wife for his son ; and , to hasten the businesse , the young Prince must be sent into Spain , where he had two men by whom he was then advised ; who , although they did not love one another , yet they did agree among themselves , To betray their old Master , with their Countrey , and their young Master in their company ; whom they theu counselled to embrace Popery , and by writing engage himself unto the Pope . This is upon Record . At last , the Prince cometh home without the wife , which was never really intended for him , howsoever things were given out , notwithstanding all the pains of the young Prince , and the earnest sollicitude of the Father , with the compliance of both . If it had not been for the hatred to the Palatine House , and fear of its advancement to the succession of those Dominions , the Prince never had seen this Island again , but in a Map. Howsoever , King James is glad to have his son safe returned : And at length , seeing clearly how he had been misled and gulled , bethinks himself how to amend his former mistakes and errours ; but alas , it was too late : for as he was thus consulting with himself , death takes him away , An. 1625. not without suspition of wrong done unto him . The new King must have a Popish wife ( according to the former intention ) she cometh from France , and bringeth along with her , her strange gods . The Prelats had a main hand in this Popish Match , by actuall furtherance thereof , and by opening the way how the free exercise of Popery might be had , in favour of the Queen and her adherents , without breach of the Law of the Land. The same yeer of the death of the late King , and of the Marriage of our now Sovereign , there was an Expedition made against the Spaniard , without any reall intention to do harm , as appears by the slack performance of the War , and by the shamefull Peace made thereafter . The main drift of this undertaking was , first , To try how ready the people would be to endure Souldiers in the Countrey , which they had not seen for a long time , and how willing they would be to undergo a War , at the command of the corrupt Court , and uphold it with Supplies of men and moneys . Next , There must be an Expedition against France , under pretext to help the then distressed Protestants there ; which really was intended for the hastening of their ruine , and encrease of their desolation : and so it proved indeed , although the main and chief undertaker was prevented , by death , to see the effect of his intents . The other end of this undertaking was , To have Forces at command , both Horse and Foot , by Land , and a well-provided Navie at Sea , for the enslaving of the people to spirituall and temporall Bondage ; which in all humane probability had not been difficile to effectuate then , such was the sheeppish sillinesse , and knavish basenesse of many men in these Dominions , of all ranks , conditions , and professions ; as also the unpreparednesse of the wiser and better Patriots and Members of the Church , to withstand this mischief , if God in his mercy , by the unexpected death of the Court-ruler , and chief agent in the businesse , had not put in a Remora and lett : At which time , if men had returned unto God , amending their lives in private , and had expressed their true zeal then to the good of the Church and Countrey whereof they are members , according to their severall ranks and conditions , the designe of the common enemy had been fully dasht . But God in his wisedom hath been pleased to keep us yet a while longer under the rod of tryall , to see if we will return unto him at last . The Romish party , although astonished and surprised at the death of their Engine and main Instrument here among us , gives not over , but continues the great Designe , without intermission , albeit not with such speed as formerly ; for those to whose care principally the businesse was committed , and in whose hands the managing of matters had fallen , by the death of the late Fac totum , were not so powerfull to obtain , without refusall , what they pleased , at the Kings hands ; neither were they in such opinion and reputation with inferiours , to make them go on in the work so earnestly ; wherefore the Queen must be brought now of necessity , to take upon her the main care , and to obtain from the King whatsoever may conduce and further the businesse , and take away all letts and stops which may hinder the proceedings : Then , to employ all her credit abroad , for countenancing and advancing affairs : And next , by her authority to draw on inferiours to act their part with affection and ardour . Now all things being thus cunningly and carefully , by degrees , in few yeers , prepared and disposed , for enslaving Church and State , Prince and People , to Rome again , it was thought fit , by the hottest of the party , to wit , the Iesuites , to hasten the work openly , and delay no more time ( the compassing of the Designe being conceived to be infallible ) By this means they thought to shorten the businesse , and to make themselves so considerable , as to share deeply in the Booty ; of which they looked for but little , if things were still lingred , and carryed on slowly . But how , and where to begin this new undertaking , was consulted upon ; and , after deliberation , the Scots must be begun at , the way is resolved on , there must be a new Prayer-Book put upon these rude fellows , that they may say their Prayers in modo & figura a la Romaine , and not so rudely and irregularly as they were wont to do , in the Northern way . Then they must have high-Commission Courts , Canons , and Etcetera's : Which things , if the Scots be so wise to accept , as doubtlesse they will ( reasoned these men : but he that reckons without this host , reckons twice ) for their chief men of State are either actually at Court , or provided to places in the Countrey from Court , at least , they can do no businesse of moment , without the favour of the Court. At this time the devout and religious Prelats , with the rest of their good Clergie , are not onely in all earnestnesse bent for the work , according to their severall places in the Church , but also they over-sway all busines in State , Wherefore , without difficulty , we will compasse our main Designe thorow all these Dominions ( said they . ) And truely so they had , in all likelihood , as we may see by the wofull carriage of businesse , and so ill managing so good a Cause in England since ; But God had , in his mercy towards us all , ordained otherwise . And if the Scots ( say they ) should be so mad as to refuse the commands from the Court , and think upon resistance , they shall be made obey the holy Mandate with a Vengeance and say their prayers with a rod ; for we shall over-run their Countrey speedily , and subdue them , as poor , silly , ignorant fools , destitute of all means for War , to wit , wisedom , with resolution , not having breeding , and pressed down with poverty , to undertake and undergo such a businesse as War ; and money and Arms to go on in it ; for the S●yl being barren , and the Havens bad , they cannot have the advantages of a fertile Countrey , furnished with good Harbours , and Commanders or Leaders , to manage a War , their Military men being abroad , who will not easily quit the honorable and beneficiall Employments they have in forreigne Countreys , and come home to suffer want , with losse of credit . But God , who laughs from above at the foolish Counsells of vain men , in this particular hath made us see , That he hath an ●ver-ruling power over the affairs of men , making little and contemptible ones do great things , and bring to nothing the undertakings of the mighty and wise of this world . By this time the new Prayer-Book , designed at Rome , and perfected at London , is sent down into Scotland . After some little reluctancy , it is received by the Councell there , the major part whereof then were either Church-men , or their addicted friends . Then it is sent to the Churches , to be put in use and practice : But unexpected and unlooked for , it is opposed by inferiour people ; from whence the opposition riseth to those of higher ranks : whereupon Petitions are drawn up , and sent to the King , to supplicate His Majesty , in all due respect , to free the Church of Scotland from this new Prayer-Book , with the High-Commission Courts , Canons , Etcetera's . To these Demands of the Scots no answer is given , but hot threatnings ; after which , preparatives of War were made against the Scots : and because the King did not shew himself propense enough to the undertaking of War , nor the Queen forward enough to engage the King in this holy War , the Queen-Mother , who , for her known faithfulnesse to her husband , and for her care of her son , both late Kings of France , must come to her Son-in-law ( against his will ) to help him with her best advice and counsell , and to better instruct her daughter how to carry her self with earnestnesse and addresse in the businesse . Things being thus disposed , there is an Expedition undertaken against the Scots , and followed to the Borders by the King present in person ; but to small purpose ; for the Scots came to the Borders duly prepared , notwithstanding their pre-conceived wants and indisposition , to sell their Religion and Liberty at a dear rate : which being perceived by the Court , the Scots Demands , formerly rejected , are granted , and a Peace concluded . Then some of the chief men of the Scots were invited to go to Court , for the time at Barwick ; who , upon certain advice of a Plot against them , were stopped by their friends , to trust themselves to the faith of the Court. After things in a kinde calmed there , the King , not suffered by his Counsell to go into Edinburgh to settle things fully , he sends Deputies thither , and returns to London . At his return , the Scots Commissioners are imprisoned at London , against their Safe-Conduct ; and the Agreement with the Scots is burnt publikely , by the hand of the Hang-man , and a new Expedition , with more cunning and strength then the former , is undertaken against the Scots : Whereof the Scots duely advertised , judging it not to be safe to play alwayes after-games , settle their Countrey , make sure the strong Holds , which they had delivered , in simplicity of heart , unto the King , at the late Agreement , and come into England with such an Army , that they made their enemies retire . Upon this point of necessity , the King assembled divers of the Nobles , by whom he is advised to call a Parliament ; which is granted , although with difficulty . At the overture of the Parliament , having gained all the party possible , the King is made to demand assistance to repell the Scots from England , and chastise them ; but to no purpose , wherefore the Parliament must pay for it ; and to this purpose , the English Army afoot must be brought to London , under some pretext . This Plot failing , and discovered , the Scots must be tempted , under great offers , no lesse then the plunder of London , and the propriety of the adjacent Counties to their Countrey . The Scots not onely refused these great offers , but also give advice of them to the Parliament . Then the Scots must be hastened home , and the King must go into Scotland , under pretext to settle things there , but really , to make a party , viewing by the way the Scots Army ; and to make sure of some men dis-affected to the Designe of the Court. These things not succeeding , to smooth a little the shamefull businesse , Titles of Honour , and Pensions are given to many . While the King is in Scotland , the Rebellion riseth in Ireland , having its influence from the Court , whether by sealed Patents , or otherwise , I will not enquire now ( more then of the Spanish Navie ) but certain it is , it had its rise from Court. Some dayes after the Rebellion begun in Ireland , the King must return in all speed to London , under pretext to consult with the Parliament how to represse this odious Rebellion ; but really , to be revenged of the Parliament , for not assisting against the Scots , and for punishing the main agents of the Scotish party , witnesse the faction the Queen had made in the City , during the Kings abode in Scotland , to divide the City and Parliament , and the demanding of the Members of the Houses , against all Law , upon accusation of Treason ; whereof the chief and main point was , To have favourized the Scots Affairs in England , against expresse Acts of Oblivion of both Parliaments of Scotland and England . As for the repressing of the Rebellion in Ireland , it is so little taken to heart , that the King seldom goes to the House ; and being there , speaks but little of the businesse . After a while , with much ado , the Popish Irish in Arms are declared Rebells , when they had ruined many families , and killed many of the innocent Protestants : But of the Kings Declaration there were but few Copies Printed , and of the few hardly any dispersed ; when the Scots , before they had gathered any Head , were Prelatically excommunicated , and cursed thorow all the Parishes of England , and declared Rebells every where by printed Papers : Who , as they intended no ill , so , blessed be God , never men of War in a Countrey did lesse harm then the Scots did . Yea , which is more , all the good intentions of both Parliament and City , with the ready offers of the Scots for the speedy help of the poor Protestants against the bloody Butchers in Ireland , was delayed , deluded , yea , almost put off , by the Court , and the corrupt Members of both Houses , who since have shewed themselves openly what they are , in publike Affairs . But these Designes failing of apprehending the Members , and of dividing the City and Parliament , as was seen by the accompanying the Members to the Houses again , the King must leave London . Here before we proceed any further , we shall go a little back . When the first undertaking was against the Scots , all things within these Dominions being disposed for the best furthering of the work , the holy Conclave of Rome forecasting all chances : and fearing that England would not altogether be so forward to contribute much unto the destruction of Scotland , wherefore the King must be assured of some good friend abroad , and not far off , who may help in case of need : None is thought so fit as the Prince of Orange , being able to help with Moneys , Arms and Men for command : He must be gained , by offering him for his Son one of the Kings Daughters ; who , notwithstanding his high minde , would have been glad of a lower Match . Now at the first , the Prince of Orange did onely look to have the second Daughter in due time : But , to engage him further , he shall have the elder ( not staying for her till she be nubile ) and that presently , although she did little more then , then well discerne her right hand from her left . But this is not all ; for the Mother must carry the Daughter to the Prince of Orange , to gain him more speedily , and make him more affectionate and sure to the Designes of our corrupted Court : So the Kings Daughter is sold , and made a Sacrifice for furtherance of the Catholike Cause , as his Grand-mother was sold to France to the same Designe , by the corrupt Court of Scotland for the time . What mischief this Marriage , and the Queens Voyage into Holland hath brought into this Countrey , and what stain she hath brought upon her self by it , we see all . And so many evils fell upon Scotland , after the sending the then young Queen into France . Here you shall observe the jugling knavery of our corrupt Court , who cry out against the Scots for taking Arms for the just defence of their Liberty and Religion , without any by-respect , as their whole proceedings to this instant do testifie , as guilty of the most horrid crime of Rebellion against Higher Powers , as they call it ; yet the same corrupt Court makes the King give his Daughter unto him , who is not onely a chief man , but a main Instrument to make War for the Liberty and Religion of the Countrey where he liveth , against the unjust oppression of their Sovereign ; as his renowned Brother , and most vertuous Father did before him ; and as he intends to make his Son after him , witnesse the reversion of his Place he hath obtained , unto him , from the States . If the King of Spain by necessity hath been constrained to acknowledge the United Provinces free , it is nothing for the justice of their taking Arms to defend their Religion and Liberty : And if he had power , they would not be long free , witnesse the secret Plots to divide them , and over-reach them . Farther , he is very shie in his Writs , to call them Free , as every man knows . The Queen of Bohemia must not onely be neglected , and seen lose all that she and hers can claim for their own , but she and hers must be serviceable to those who have undone them : To this end she must have People about her , namely , Court-Chaplains , to disguise businesse unto her , and so make her have a bad conception of those who are her best friends , to wit , the true Professors of the Truth , and good Patriots in these Dominions . Next , her eldest son , after a long and great neglect of yeelding him any help for the recovery of his own , is betrayed at our corrupt Court , when he is put in away to do somewhat for his own restoring , &c. And after this , by the same Court , he is sollicited to take Arms here against the onely men , who really and constantly have expressed unto him and his , true affection ; but they being stopped by the Court , could not effectuate much by their good will. He in wisdome refuseth to fight against his friends . Since he will not , his two next Brothers must be employed ; the eldest whereof is released from prison to that effect : And so they hazard their lives , and spend their blood , to serve the party who hath undone their Fortunes , and now strives to undo their persons . The King having left London , after he had been in severall places , retires to Yorke , where he begins to raise men against the Parliament . The Scots seeing this , send to him thither , to intreat him to lay aside all such intentions , and offer their service by way of Mediation betwixt him and the Parliament , to take away all known mistakes . The Scots Commissioners were not suffered to proceed any further then , in the businesse , and were sent back , beyond the expectation of men . After a long Pen-skirmishing on both sides , Armies are leavied , many men killed and taken at divers times on each side ; yea , a set Battell fought , where numbers of men are slain . The Scots not being able any longer to see their Brethren in England destroyed , and the Executioners of Ireland butchering man , woman and childe ( the help that the innocents should have had from England being almost altogether diverted , by the Intestine War ) and neither say nor do in the businesse , under safe-Conduct send to the King and Parliament Commissioners , to intercede for an Agreement : But they being arrived at Court , were neglected with their Commission , and not suffered to repair unto the Parliament : At last , they are dismissed , not without difficulty , and , having done nothing , return . Upon this , the Scots convene the States , to consult concerning their own safety , and the help of their friends : At this nick of time , when they received many fair promises from the Court , with a request to be quiet , a Plot of the Papists , set afoot by the Court , for embroyling the Countrey , is discovered ; by the means whereof , they were incited to look more narrowly to themselves and their friends . Then the Parliament of England sends to the Scots for help . Upon this , a Covenant is made betwixt the two Nations , for the defence of the true Religion , and Liberty of the Countreys , with the Kings just Rights : and , after due preparation , the Scots having setled their own Countrey , enter into England with a strong Army , to fight the Battells of the Lord ; having for scope of their Expedition , The glory of God , and the good of his People , with the Honour of the King. Here we shall observe , in these our Countreys , in these last yeers , such Riddles of State and Church , as have hardly been heard of : A Protestant Prince makes one Protestant Nation fight against another , for the Protestant Religion , which have been thought to be of one and the same Doctrine , for the main : One Church thunders Curses against another : Then , a Prince misled , with the ayd of Papists and Atheists , spoyling and destroying the professors of the Truth , because they professe it , for the good and advancement of the Protestant Religion : Next , in a very short time , a Prince to have all his subjects declared Rebells : First , he is made declare the Scots ; Then , he is constrained to declare the Irish : An Army gotten together in the Kings name , declares all those that did oppose them , Rebells : The Parliament declares all those who in the Kings name oppose them , Rebells and Traytors : Farther , under the Kings Authority , the named Rebells in England by the King , maintain a War against the declared Rebells in Ireland . But the late carriage of things at Court , and by the Court-Instruments at home and abroad , hath solved the Riddle , namely , The Patent for the Rebellion in Ireland , The detaining of help ordained for the repressing of it , The Kings offer to go into Ireland , The Cessation , and bringing over of the Irish , and , The last-discovered Plot in Scotland , all other things laid aside , tell us cleerly , howsoever the Proclamations and Protestations going in the Kings name be soft and smooth as the voyce of Jacob , yet the hands are rough as of Esau , destroying , and seeking to destroy the true Religion , grounded in Gods Word , with the professors thereof , as also the lawfull Liberty of the Countrey , and bring all unto slavery . Let Ireland and England say , if this be not true ; and Scotland likewise , according to its genius , speak truth . I shall close up all with two or three Instances of eminent men amongst the Papists Clergie , to shew clearly how they stand affected to the Protestants . Cardinall Pool , in an Oration to Charles the fifth , Emperour , saith , You must leave off the War against the Turks , and hereafter make War against the Heretikes ; so names he the professors of the Truth : He adds the reason , Because the Turks are lesse to be feared then the Heretikes . Paul Rodmek in a Book expresse , tells us , That the Heretikes must be put to death , slain , cut off , burnt , quartered , &c. Stapleton the Iesuite tells us , That the Heretikes are worse then the Turks , in an Oration he made at Doway . Campian the Iesuite , in a Book of his , Printed in the yeer 1583 , in Trevers , declares thus , in the name of his holy Order , Our will is , That it come to the knowledge of every one , so far as it concerns our Society , That we all , dispersed in great numbers thorow the world , have made a League , and holy solemn Oath , That as long as there are any of us alive , that all our care and industry , all our deliberations and counsells , shall never cease to trouble your calm and safety . That is to say , We shall procure and pursue for ever your ruine , the whole destruction of your Religion , and of your Kingdom . He speaks to the English. Now it is long since we have taken this resolution , with the hazard of our lives : so that the businesse being already well begun and advanced , it is impossible that the English can do any thing to stop our Designe , or surmount it . Let these few Passages satisfie for this time . I wish that thou maist reap some benefit of what is written here for thy good . So , praying for your happinesse , I rest , Yours , in the Lord , D. B. The LIFE OF IOHN KNOX . IOHN KNOX was borne in Gifford , neer Hadington , in Lothian , the yeer of Christ , 1505. of honest Parentage : His father was a brothers son of the House of Ranferlie , which is an ancient Family of Gentlemen in the West . When he left the Grammar Schoole in the Countrey , he was sent to the Vniversity of Saint Andrews , to studie under M. John Mair , who in those dayes was very famous for his Learning , which particularly did consist in the ergotie or disputative part of Philosophy , and in School-Divinity , wherein formerly , for many yeers together , almost all Learning was placed . In a very short time , John Knox became such a Proficient , that in this kinde of knowledge wherein his Master most excelled , he surpassed him ; and being yet very young , was thought worthy of Degrees in the School : Moreover , before the time ordinarily allowed by the Canons , he entred in Church Orders . Thereafter , laying aside the idle Disputes and Sophistry of the School , he betook himself to the reading of the Ancients ; namely , of Augustine , with whose Writings he was much taken , by reason of their plainnesse and solidity . Last of all , he betook himself to the earnest study of the holy Scriptures ; wherein having found the Truth of God concerning the salvation of Mankinde fully revealed , he in good earnest did embrace it , and freely professed it ; yea , made it his main work to make it known to all men , and believed by them ; in which work he was very active and vigilant , at home and abroad , namely , at home . For the Cause of the Truth he suffered very much by Sea and by Land , in minde and in body ; among forraigners , and amongst his own Countreymen , as ye may see in this History of the Church , which now here we present unto you : Which History , namely , so much of it , I mean , as formerly was published , hath gone commonly under his name , because he is the man of whom most is spoken thorowout the whole History , as being a most earnest and diligent agent in the businesse of Reformation in the Church : Next , because he hath penned with his own hand , or spoken by word of mouth , the most part of the most remarkable and most usefull things for Posterity in the History . Thirdly , the whole History is gathered out of his Papers and Manuscripts : And so ye see why it is generally received to be of John Knox. But to return to his Life . He being constrained for a time to leave his Countrey , by reason of the Persecution raised in Scotland , by the then Bishops , against the professors of the Truth , he came into England , where for some yeers he was busied , in preaching the Evangell of Christ , with a great deal of content and benefit to those that had the happinesse to hear him . His chief abode was in Berwick , Newcastle , and London : This was in the dayes of King Edward the sixth , with whom he was in great favour and esteem ; By whom being offered a Bishopricke , he not onely refused and rejected it , but with a grave and severe speech declared , That the proud Title of Lordship , and that great State , was not to be suffered to be in the Church of God , as having quid commune cum Antichristo ; that is , somewhat common with Antichrist . King Edward being dead , the persecution of Mary made him leave England , with many other godly Ministers , who went beyond Seas . First , John Knox went to Frankford , where for a time he preached the Gospel to the English Congregation there ; From whence he wrote the Admonition to England : But being molested there , partly by open Papists , and partly by false Brethren , was constrained to retire : And from thence he went to Geneva , from whence he wrote his Letter to Mary Regent of Scotland , his Appeal to the Nobility of Scotland , and Admonition to the Commons of Scotland . From Geneva , after some yeers abode there , he was called home to his own Countrey , the yeer of Christ 1559. which was the 54 of his age , by the Noble-men , and others who had taken upon them the generall Reformation of the Church of Scotland ; where , how soon that the reformed Church had any liberty , he was setled Minister at Edinburgh , where he continued exercising his Ministery to his dying day ; but not without interruption , by reason of the Civill disorders that fell out in those dayes . During this his being at Edinburgh , he Preached many excellent Sermons ; whereof there be but few that were printed and conserved to Posterity , he not being willing to busie himself with the Presse : Yet some of them we have , as this , namely , which he Preached Aug. 19 , An. 1564. and for which he was forbidden to Preach for a time : He , to make known to the world what ground there was to deal so with him , took the care to have this Sermon printed , as you will finde it at the end of this History . Here I cannot let slip a remarkable passage ; which was this ; Anno 1566. the Earle of Murray was slain upon the Saturday : The morrow after , John Knox preached in Edinburgh ; where , as he was reading the Papers wherein was written the names of those that desired the Prayers of the Church , he findes a paper with these words , Take up the man whom ye accounted another god : which he passed , without expressing any commotion , and went on with his Prayer and Sermon . At the end of the Sermon , he made moan for the losse that the Church and State of Scotland had , by the death of that vertuous man ; and said , That as God in his mercy giveth good and wise Rulers , so taketh he them away from a people in his wrath . Then he added , There is one in this company that maketh the subject of his mirth this horrible murther , whereat all good men have occasion to be sorry : I tell him , That he shall die where there shall be none to lament him . He who had written the aforesaid words in the paper , was Thomas Metellan , a young Gentlemen of most rare parts , but youthfull , and bearing small affection to the Earle of Murray ; who , when he heard this Commination of John Knox , went home to his lodging , and said to his sister , That John Knox was raving to speak of he knew not whom . His sister replyed , with tears in her eyes , If you had followed my advice , ye had not written these words ; and withall told him , That none of John Knox his threatnings fell to the ground without effect . And so it fell out in this particular ; For shortly thereafter the young Gentleman went beyond Seas to travell , and died in Italy , having no known man to assist him , much lesse to lament him . Towards the latter dayes of his age , his body became very infirm , and his voice so weake , that the people could not hear him , Preaching in the ordiplace , wherfore he made choice of another more commodious within the Town , reading to his auditors the history of the Passion , in which , he said , it was his desire to finish and close his Ministery . Thus he continued Preaching , though with much weaknesse , two moneths and more , after this retiring : And foreseeing that he was not to remain long with them , he was instant with the Counsell of the City to provide themselves of a worthy man to succeed in his Place . Master James Lauson , who at that time professed Philosophy in the Vniversity of Aberdene , being commended for a good Preacher , Commissioners were directed from the Body of the Church of Edinburgh , and from Master John Knox in particular , to desire him to accept of the Charge . To the Letter that the Commissioners carried , after that he had set his hand , he added this Postscript , Accelera mi frater , alioqui sero venies : Make haste , Brother , otherwise ye shall come too late : Meaning , That if he made any stay , he should finde him dead and gone . These last words moved M. Lauson to take journey the morrow thereafter . When he was come to the Town , and had preached two severall times , to the good liking of the people , order was taken by the Rulers of the Church for his admission , and the day appointed ; at which day John Knox himself would not onely be present , but also preach , though he could scarce walk on foot to the Chayre ; which he did with such fervency of spirit , that at no time before was he heard to speak with such great power , and more content to the hearers : And in the end of the Sermon , calling God to witnesse , That he had walked in a good conscience amongst them , not seeking to please men , nor serving either his own , or other mens affections , but in all sincerity and truth preached the Gospel of Christ : With most grave and pithie words , he exhorted them to stand fast in the Faith they had received : And having conceived a zealous Prayer for the continuance of Gods blessing among them , and the multiplying of his Spirit upon the Preacher who was then to be admitted , he gave them his last fare-well . The people did convey him to his lodging , and could not be drawn from it , so loath were they to depart from him ; and he the same day in the afternoon , was forced to take bed . During the time he lay ( which was not long ) he was much visited by all sorts of persons , to whom he spake most comfortably : Amongst others , to the Earle of Morton , who came to see him , he was heard say , My Lord , God hath given you many blessings ; he hath given you Wisdom , Honour , high Birth , Riches , many good and great friends , and is now to prefer you to the Government of the Realme ( the Earle of Marr , late Regent , being newly dead ) In his Name I charge you , That ye will use these blessings better in times to come , then you have done in times past : In all your actions seek first the glory of God , The furtherance of his Gospel , The maintenance of his Church and Ministery ; and next , Be carefull of the King , to procure his good , and the welfare of the Realme . If you shall do this , God will be with you , and honour you : If otherwise ye do it not , he will deprive you of all these benefits , and your end shall be shame and ignominy . These speeches , the Earle , about nine yeers after , at the time of his Execution , called to minde , saying , That he had found them to be true , and him , therein , a Prophet . A day or two before his death , he sent for Master David Lindsay , Master James Lauson , and the Elders and Deacons of the Church , to whom he said , The time is approaching , for which I have long thirsted , wherein I shall be relieved of all cares , and be with my Saviour Christ for ever : And now , God is my witnesse , whom I have served with my spirit , in the Gospel of his Son , That I have taught nothing but the true and solid Doctrine of the Gospel ; and that the end I proposed in all my Doctrine , was , To instruct the ignorant , To confirm the weak , To comfort the consciences of those that were humbled under the sense of their sins , and born down with the threatnings of Gods Judgements : Such as were proud and rebellious , I am not ignorant that many have blamed , and yet do blame my too great rigour and severity ; But God knoweth , That in my heart I never hated the persons of those against whom I thundred Gods Judgements ; I did onely hate their sins , and laboured , according to my power , to gain them to Christ : That I did forbear none , of whatsoever condition ; I did it , out of the fear of my God , who hath placed me in the Function of his Ministery , and I know will bring me to an account . Now , brethren , for your selves ; I have no more to say , but to warn you , That you take heed to the Flock over which God hath placed you Overseers , which he hath redeemed by the Blood of his onely begotten Son. And you , Master Lauson , fight a good fight , do the Work of the Lord with courage , and with a willing minde : And God from above blesse you , and the Church whereof you have charge : Against it ( so long as it continueth in the Doctrine of the Truth ) the gates of hell shall not prevail . This spoken , and the Elders and the Deacons dimitted , he called the two Preachers unto him , and said , There is one thing that grieveth me exceedingly ; You have sometimes seen the courage and constancy of the Laird of Grange in the cause of God ; and that most unhappy man hath cast himself away : I will pray you two to take the pains to go unto him , and say , from me , That unlesse he forsake that wicked course wherein he is entred , neither shall the Rock in which he confideth defend him , nor the carnall wisedom of that man whom he counteth half a god ( this was young Lethington ) yeeld him help ; but shamefully he shall be pulled out of that nest , and his carkase hung before the Sun ( meaning the Castle he did keep against the Kings Authority : And so it fell out the yeer next following ; for the Castle was taken , and he was publikely hanged , and his body hung before the Sun ) The soul of that man is dear unto me ; and , if it be possible , I could fain have him to be saved . They went , as he had desired , and conferred a long space with Grange ; but with no perswasion could he be diverted from his course : Which being reported , he took most heavily . Yet Grange , at his death , did expresse serious repentance for his sins . The next day , he gave order for making his Coffin wherein his body should be laid ; and was that day , as thorow all the time of his sicknesse , much in prayer , crying , Come , Lord Jesu ; Sweet Jesu , into thy hands I commend my Spirit . Being asked by those that attended him , if his pains were great , he answered , That he did not esteem that a pain , which would be to him the end of all troubles , and beginning of eternall Joyes . Oftentimes , after some deep meditations , he burst forth in these words ; O serve the Lord in fear , and death shall not be troublesome unto you : Blessed is the death of those that have part in the death of Jesus . In the evening , which was the last of this wretched life , having slept some hours together , but with great unquietnesse , for he was heard to send forth many sighs and groans ; one Campbell , and one John Johnston , which two waited very diligently upon him , asked , after he awaked , How he did finde himselfe , and what it was that made him to mourn so heavily in his sleep ? To whom he answered , In my life time I have oft been assaulted with Satan , and many times he hath cast in my teeth my sins , to bring me to despair ; yet God gave me strength to overcome all his tentations : And now that subtill Serpent , who never ceases to tempt , hath taken another course , and seeks to perswade me , That all my labours in the Ministery , and the fidelity that I have shewn in that Service , hath merited heaven and immortality : But blessed be God , that brought to my minde these Scriptures , What hast thou that thou hast not received ? And , Not I , but the grace of God in me : With which , he is gone away ashamed , and shall no more returne : And now I am sure my Battell is at an end ; and that without pain of body , or trouble of spirit , I shall shortly change this mortall and miserable life , with that happy and immortall which shall never have an end . After which discourse , a Prayer was said neer his bed where he lay : which being ended , it was asked , If he heard the Prayer ? He answered , Would to God that ye had heard it with such an ear and heart as I have done ; Adding , Lord Jesu receive my Spirit . With which words , without any motion of hands or feet , as one falling a sleep , rather then dying , he ended his life . He was a man endued with many excellent gifts , and with a very great measure of the Spirit : God raised him up to be a chief Instrument of the glorious Work of Reformation . The Court claw-backs and parasites , have been , and are displeased with his Doctrine touching the Authority of Princes and Civill Magistrates , although there was never man born , who did more heartily reverence Civill Authority , nor obey more willingly the lawfull commands thereof , then he : All his Doctrine concerning the Civill Authority , was , To correct the corruption brought in by the slavish flatterers , who , abusing the simplicity and debonaritie of those whom God has placed in Authority , maketh them inconsiderately to rebell wilfully and openly against God and his Son , and turn all things up-side down , and undo the poor people of God , for whose good and safety they are placed so high . Likewise were and are to this day the proud Prelats and idle belly-gods highly offended with his Doctrine concerning Church-Government , although he intended no other thing , but the pulling down of Antichristianisme fully , and casting all tyranny and Idlenesse out of the House of God. Never was a man more observant of the true and just Authority of the Church-Rulers , according to the Word of God , and practice of the purest Primitive times . He alwayes urged pressingly due Obedience by the people , to the faithfull Pastors and Elders of the Church . Although he was both learned and eloquent , yet did he not much apply his minde to compose Books for Posterity ; for he was wont to say , That God had called him rather to instruct the ignorant , comfort the sorrowfull , rebuke the sinners , and confirm the weak living in his time , then to make Books for ages to come . Neverthelesse , he wrote severall good Pieces ; for besides what we have spoken of already , namely , he left these , A learned Treatise against the blasphemous Anabaptists , Two Treatises against the Masse , One , of the Eucharist , Some Sermons upon Genesis , Some also upon the Psalms , An Exhortation to all afflicted Churches , An Advice in time of trouble , The first blast of the Trumpet , &c. He died , Anno Dom. 1572 , and of his age , 62. His body was interred at S. Giles , without the Church . To his Buriall assisted many men of all Ranks ; among others , the Earle of Morton , who being neer to the grave , as the Corps was put in , said , by way of Epitaph , Here lies the body of him , who , in his life time , never feared the face of man. THE PREFACE . THe SCOTS , by the most judicious Writers , and by those who have most diligently studied their Antiquities , are acknowledged to be among the first who embraced the Faith of Christ : yea , they are said to be , by some , of the very first-fruits of the Gentiles : For in few yeers after the Ascension of our Saviour Jesus Christ , the Apostles and Disciples being constrained to leave Ierusalem and Iudea , by reason of the Persecutions raised against them by the Jews , according to the dispensation of the All-wise God , went up and down the world ; and speaking to every People in their own Language , declared unto them the glad Tydings of Salvation in Christ Jesus . Those who came into our Northern Parts , to wit , into Scotland , and first made known unto our Fathers the Mysteries of Heaven , were of the disciples of Iohn the Apostle . Some yeers thereafter , to wit , in the second Persecution raised against the Christians , many Britons Provincials of the Empire , professing the Name of Christ , left their own countrey , and went into Scotland , for shelter from the generall Massacre then executed thorowout the whole Empire , by that bloody Butcher Domitian ; and to enjoy the freedom of the Gospel , which they knew to be received then in Scotland . Among these fugitive Britons there were sundry learned and pious men , who stayed in Scotland ( the Persecution ended ) propagating the Faith of Christ there by their Preaching . This we have related unto us by the Historians of best trust . We have not then from the Sea of Rome our first Institution in the Christian Faith ; yea , we are so far from it , that , for many yeers together , we hardly had any communication with Rome at all . Palladius was the first , some yeers after the beginning of the fifth Age , who made our acquaintance with Rome ; although the generall current of the Romish Writers give out , That the Gospel was first planted amongst us in Scotland by the means of Victor Bishop of Rome : Yet Baronius , that renowned Chronologer , albeit he would fain have the Scots owe this Obligation unto Rome , disclaimeth this opinion of his Party , as untrue , and disagreeing with the best Antiquity . Tertullian , who lived in the second Age , and wrote Books divers yeers before the end thereof , and so was so neer the planting of the Christian Faith amongst the Nations , that in a manner he may be said to have been an eye-witnesse unto it , in his Book against the Jews , speaking how the Light of the Gospel was spread thorow the whole world , saith thus , The Euangel was diffused into all the parts of the world , yea , into Britanie , and into that part of the Island whereunto the Roman Forces did never pierce . By these last words of Tertullian , are meant the inhabitants of that part of the Island which lieth benorth the walls , first built by Adrian , then by Antoninus Pius , thirdly by Severus ; and these were the Scots by name : For the Romans put walls betwixt them and the Scots Bowe-men , as our Poet expresseth it : Roma sagitti feris praetendit maenia Scotis . And Claudian , many hundred yeers before this our Poet , speaking of the Legion which then was called from its Garrison on the aforesaid walls , saith thus , The Legion came , which was placed before the utmost Britans , and which bridled the fierce Scot. Lucius Florus , many yeers before Claudian , who wrote towards the later end of the fourth Age , to wit , in the beginning of the second Age ; and Spartianus , who alleadgeth Florus , writ towards the later end of the third Age. Lucius Florus the Poet ( is the same with the Historian , who writ the short History of the Romans , as judgeth Salmasius ) is brought in by Aelius Spartianus , in the History of the Life of Adrian the Emperor , saying these words , I would not be Caesar , to walk among the Britans , and suffer the Scots morning hoar Frosts . The word pruina , which the Author useth , doth signifie so much ; for it is quasi 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , morning . What Florus , in these words here alleadged , calleth in his Language Scoticas pruinas : Claudian calleth Caledonias pruinas , speaking of another Roman , in these words , And he placed his Camp in the middle of the Caledonian morning ●oar Frosts . I know that commonly in Spartian , of whom we have these Verses of Florus , it is read , Scythicas , for Scoticas , but wrong , notwithstanding that the great Criticks have not corrected it : For how , I pray you , can Adrian be said to suffer Scythicas pruinas , who never was in the Countrie which then went under the name of Scythia ? yea , the Romans had never any War with the Scythes ; for albeit the Scythes heard of the Romans Arms , yet they never felt them : Besides , what sense had it been in Florus to say unto Adrian , That he would not be Caesar , to walk in Britany , and endure the morning hoary Frosts of Scythia ? For although the Romans heard say , That Scythia was a cold Countrey ; yet they more perfectly knew Scotland to be cold , having been upon the place . Now it was very easie to those who copied Books of old , and hardly understood what they writ , to change one letter for another , namely , when two letters are so like one to another , as these two Vowels O , O ; for O not being Initiall or Capitall , was written formerly without the draught under it , which hath been written for distinction sake , as we see it commonly now , thus 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , This change of these two Vowels , hath been found elsewhere then in this place of Florus , by the Criticks , in the same words ; who seeing the name of the Sea upon the Coast of Scotland written Scythicum , presently mended it , and made it Scoticum . Then Erasmus smelled out the same fault in Ierome his Epistle to Ctesiphon , against Palladius , and his disciple Caelestius , in these words , Britannie and the Scots Nations had not then known Moses and the Prophets . Erasmus finding Scythicae , he changed it into Scoticae . Lucius Seneca , about an hundred yeers before Florus , that is , about fourty yeers after Christ , now 1600 yeers since , in his Satyre upon the death of Claudius , makes mention of the Scots in the composed word Scoto-Brigantes , as thus followeth ; He ( i. e. Claudius ) commanded the Britans beyond the known Seas , and the blue Scoto-Brigantes , to submit their necks to the Roman Chains . This word above named hath puzzled many of the Criticks how to reade it , so that a right meaning or sense might be had of these lines , with the true measure of the Verse , some reading it one way , some another way ; till at last , the learned Ioseph Scaliger corrected it as you have it here , giving to the words a plain and easie sense , and keeping the law of the Verses , against which all others did faile : And to this Correction of Scaliger hath submitted many learned men : yet some , partly for envie against the Nation of whom is here spoken , partly for vanity , will stand out against the truth , because of the authority of this Correction , at whose great and most rare Learning they are offended , as the former are at any advantage that the Nation whom these words doth concern may have . The Scots are called Cerulaei , or blue , because they used much blue in their Garments ; and so doth the old Scots to this day , witnesse their Plaids , whereof the best sort ordinarily hath the ground blue ; as also their blue Caps . Mamertin , in his Panegyrick to Maximinian , tells us , That the Britans had War with the Scots and Picts , before Iulius Caesar entered into the Island . So , by these Testimonies , ye see how injurious they are unto the Scots , that will not have their name known , till many yeers , yea , some hundred yeers after the entry of the Romans into the Island . The Romans having setled themselves in the Island , they divided the whole into two parts : Their part , or the South part , they called Britannia major and superiour ; and their Provincialls went most commonly under the name of Britones , although sometimes under the name of Britanni , but not so oft : and they were sub-divided into severall Peoples . The other part of the Island without the Roman Province , that is , the northern part , was called Britannia minor , and inferiour : Now all the inhabitants of this northern part , who were in continuall Bickerings and Warre with the Romans and their Provincialls , were called Scoti , sometime Transmarins , sometime Forreigners ; and they did consist of two chief Peoples , to wit , Brigantes , and Picti ; which both were sub-divided into severall lesser Peoples , of which we forbear to speak at this time . So the name of Scoti was at first appellative , and given to more then to one People ; but in successe of time , appropriated to one . And this is not singular in this name , for the proper names of divers Peoples at first hath been appellative , and thereafter appropriate to one alone : I will instance onely in one , for brevity sake , which is this ; The name Franck or French , at first was common to all those that stood out together for Franchise and Liberty against the Romans about the Rhyne , and other parts of Germany ; But at length it became peculiar unto one people , as we see it is at this day . Moreover , that the name of Scoti was appellative , and given to more then one people , you may cleerly see by the ordinary expression of ancient Writers in the plurall number , thus , Scotorum gentes , Scoticae gentes ; when otherwise all men ordinarily , both by word and writing , have ever used , and to this day use the singular number , speaking of one people ; as gens , not gentes ; populus , not populi ; nation , not nations . As all the northern people of the main Land , or Continent , both in Europe and Asia , went anciently under the name of Scythae , witnesse Strabo , in these words , The ancients commonly called the northern people Scythes . And in another place he saith , The ancients did call by one name of Scythes all the known places towards the North. He means , in the Continent , or main Land. So the northern people of Britannie , which is another little world , were of old , and to this day are called Scoti . The two names Scytha and Scotus do signifie one and the same thing , to wit , an Archer , or Bow-man ; in Latin , Arcuarius ; in Greek , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . The ancient Writers tell us , That the Scythes were much given to Archery , and to Hunting ; so were anciently , and to this day are the old Scots Bow-men ; In Hebrew , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Keshut , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Keshet , Bow. And so you have the signification of Scytha and Scotus ; which are truely one and the same , with little change , more in Latin then in Greek ; for the one is written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , so at first the other was written 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , which afterward they turned into 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . This is the true origine of the name Scotus : It comes neither then from the fabulous Scota , neither from the foolishly-invented 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , darknesse ; For if the days be as long in summer , as the nights are in winter , Why should the Countrey be called Scotia , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , rather then Photia , from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , light ? Also the Britan Writers use one and and the same word , when they speak of Scyth and Scot , to wit , y Scot ; as likewise the Low German calleth them both Schutten : From the Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Keshet , we have the vulgar schut and schot . Now this Etymologie of Scot , as it is true , so it is easie , by the transposition of a letter ; to wit , by putting 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 behinde 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ; which is ordinary , not onely in the derivation of words from one Language into another , but also obvious in one and the same Language , in common discourse . Let this one Example satisfie for all , to be short , Is not one and the same word both written and pronounced , according to the writing thirty and thrity , in our vulgar Tongue ? As the names of Scyth and Scot do signifie one thing ; so the people , in many things , may be said to be like one another ; as for Example ; The Scythes , in the Continent , generally were of two kindes ; to wit , European , and Asiatick : So the Scots in Britanie were of two sorts in generall ; to wit , the Brigantes , and Picti . Next , the Scyths did not till the ground , but feeding cattell and sheep , had a Custome to remove from one place or solitude to another : Of old , so did all the Scots ; and to this day , the ancient or prisei Scots do . The Scythes did live much upon milk , and so do our old Scots . The Scythes , not knowing the use of riches , did not desire them : and so it is with many of our old Scots . The Scythes were never vanquished by Forreigners : so the Scots were never utterly overthrown , although they have suffered very much by their enemies at severall times . The Scythes were hard for toyling and War ; so are our Scots , as is known to all , &c. We have said , That the In-dwellers of the north part of the Island were named Scoti ; and that by a generall Division they were of two kindes , Brigantes , and Picti : Now we must enquire who are Brigantes , and who Picti ; where they both lived , and from whence they came . And , to begin at Picti , They inhabited the East side of Britannia minor , which is the best : and , for the most part , they were of the ancient native Britons ; of whom , sundry of old , before the entry of the Romans into the Island , had drawn themselves Northward , to have more elbow-room for their course of life , which was , To feed Cattell , and to hunt , removing from one place to another , whereunto largenesse of Bounds is required . Then others of the old Britons flying from the Tyranny of the Romans , upon grievance , went from time to time Northward , beyond the Limits of the Empire , to their ancient com-Patriots . Next came in to these North Britans , at divers times , severall Colonies of Northern people from beyond Sea. Hence it is , that some late Authors have written , That the inhabitants of the East side of Britannia minor came from Scandie . The North Britans having received these men come from beyond Sea , into their Society , and being joyned with them , made up a People , called the Romans and South Britons Picti , because they continued the Custom of painting their bodies , of old in use among many Nations : which custome the South Britons left off , with other Rites , now become Provincialls of the Empire . The whole Island was first called Albion ; of which we shall speak anon , God willing . Then 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Britannia , which signifieth a woody Countrey ; for of old it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , Sylvis obsita , covered with Woods , as Strabo terms it . And to this day , we see that part of the countrey opposite to the Continent , full of Woods and Inclosures . We finde in ancient Authors , the Peninsule of Italy , next Sicilie , whereof Rhegium was the Metropolis , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 for the same reason , because it was 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . So Strabo names it also . The Origine of the word is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 barat , which signifieth severall kindes of trees , Fir , Ash , Cedar , &c. The Picti had divers people under them , whereof the chief were Caledonii ; by whose name , sometimes all the Picts were named , although Caledonii properly were those of the Picts who dwelt among the lesser hills ; of which hills , some are called Ocelli montes , in vulgar language Ochell hills . The countrey of the Caledonii did begin at Forth , and went Northward beyond Tay , where their chief City was Caledon , now Dunkell , by a transposition . In this countrey were the Woods called saltus Caledonius , or sylva Caledonia . The rockie and hillie part of Aetolia in Greece , was called by the same name : and there was there a Town of this name , yea , and a Forrest , so much spoken of by the old Poets . True it is , That the second vowell is now and then changed , which makes no difference ; for in words the consonants are mainly regarded . Strabo , Lib. 10. calleth the one and the other countrey 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , hillie and stonie or rockie : the name cometh from 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Galeaetan , which is as much as 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , tumulus asper , a rough little hill . Benorth the Limits of the Empire in this Island , all people , beside the Picts , were called Brigantes , which importeth as much as In-dwellers of Mountains , or high hills : So you have the Brigantes neer the Lake of Constance , in-dwelling Mountains . On the Alps in Daulphine you have Brigantium Brianson , the highest Town in Europe . The Brigantes of Spain , as those of Ireland , of old did inhabite Mountains ; and so did our Brigantes in this Island mainly keep upon the Mountains . The name cometh from Briga , Brica , or Bria , as it is diversly written : It signifieth an high place , or Mountain : Our vulgar hath interpreted it Bray ; hence we haply call our Brigantes Bray-men , vvhom vve call othervvise High-landers , or High-land-men . Strabo tells us , That bria , amongst the Thracians , doth signifie a Tovvn , or City . And so the vvord Bria must needs come from the Hebrevv 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 bira , Tovvn or Palace , by the transposition of a letter ; vvhich is ordinary in the derivation of vvords , as vve have said a little before . Here , for further proof of the transposition of a letter in a derivative vvord , take this example onely , Dumbarton , for Dumbriton . Cansabon , in his Notes upon Strabo , tells us , from Hesychius , That bria signifieth a Village or Tovvn upon a hill : So bria signifieth not simply a Tovvn or Village , but such a one as is builded upon a hill . And truely , in the most ancient times , Tovvns or Villages vvere , for the most part , builded upon high places ; as any man that hath taken the pains to remark , either by Histories , or by considering the places he may have seen , knovveth . So then Brigantes are men inhabiting the hills , or having their Tovvns , Cities , Villages upon the hills . Yea , in old times , vvhen they had not yet fixed their abode certain , they were wont to remove from hill to hill , as we have said formerly ; and to this day some of our Highlanders do , within their own extent and limits . The Brigantes in the Continent namely , were so given anciently to take away goods from their enemies with a strong hand , that by successe of time , all those that openly did rob and plunder , were called Brigantes : And the French has from hence derived the verb , Brigander , to rob or plunder . Next , there is a kinde of Armour called Brigantine , the use and manner whereof is borrowed from the Brigantes ; it is like a Male-Coat . Lastly , there is a kinde of Ship used at the Sea , called Brigantine , of the middle size , as being most proper for War at Sea. Thus much for the name of Brigantes . The Brigantes of this Island came hither from Ireland , at divers times , and upon divers occasions . The Brigantes in Ireland , by Ptolomie , are placed well Southward : But those that are come after Ptolomee , I mean those of neerer Antiquity , have placed them more Northerly by many miles ; as ye may see easily by looking upon Ptolomee his Maps ; and Ortelius his Maps of Geographie of the Ancients . So ye see that the Brigantes , at their first coming to Ireland from Spain ; for thence they came , with many other inhabitants of that Island , dwelt in the South parts , but by degrees drew Northward , for conveniency to their wandring course of life , in keeping cattell , and hunting , and for freedom from the trouble of too neer neighbors : They went , by successe of time , so far North , till at length , having come to the part next unto Britannie , they came hither , and possessed themselves of the little Islands and hills next unto Ireland ; and finding themselves firted in this new-found Land for their purpose , according to their minde , they made their abode there , and drew dayly more and more company unto them , till at length they made up a great Body of people in Britannie , and by little and little came all along the West side of Britannie , keeping the hills , till they came to the River Belisana , that is , Rhibet , in Lancashire , and from thence went straight Eastward , till they came to the mouth of Abus , now Humber . The North Britans were glad to give them way , contenting themselves with the East side of Britannia minor ( which indeed was , and is the best ) and were glad also to have them for a Rampart against their enemies in the South , or in majore Britannia . The Brigantes were great enemies to the Romans , with whom they had divers Bickerings ; but at last they were compelled to go Northward , and were hem'd in by the wall built by the Romans , betwixt the fluve Tina , now Tyne on the East side , and Itrina , now Eden in Cumberland , on the West side . Although they left the Countrey besouth this wall , yet the Romans continued there the names of Brigantes ; yea , some of the Brigantes , allured by the bounty of the Soyl , did chuse rather to submit to the Roman yoke , then change their abode , although it was with thraldome . Then , after many various encounters with the Romans , they were yet constrained to yeeld more ground unto the Romans , who hedged in both them and the Picts northward with a Wall , betwixt Bodotria , or Forth , and Glotta , or Clyde . At last , the Romans , by cunning , raised jealousies betwixt the Brigantes and Picts , and so not onely withdraws the Picts from the friendship of the Brigantes , but makes them joyn with them , to overthrow the Brigantes ; and taking occasion of the Brigantes domestick troubles , fights with them ; yea , at length , after a bloody well-fought Battell , defeats them , gives the best of the Lands they possest to the Picts , for their reward . After this the Brigantes were constrained , for the most part , ( I mean of the better sort ) to retire thence , whereof some went to the next Isles ; some returned to Ireland , to their ancient Patrie ; and some went to the North Countreys beyond Seas , and so they were for a time distressed , and in exile , till after divers attempts , they were restored again under the conduct of Fergus the second . Here let us remember , That the whole Island Britannie was first named Albion , from Albe , or Alpe , which signifieth hill , or high place . This word Albe , or Alpe , cometh from Albus , white ; and this from the Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Laban , per metathesin , Alban , Albus ; & 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 in Greek ; because the high hills and mountains , yea , in the hot Countries , are frequently covered with Snow , and so appear white ; witnesse the high hills betwixt France and Italy , which , by reason of their highnesse above other mountains , are named particularly Alps. The Island , when it had given unto it the name of Britannia , by little and little left off the old name of Albon , which continued in the North part of the Island , benorth the limits of the Empire ; and so the whole Countrey beneath the Humber was called ; and Albion in this second sense , in following times was called Britannia minor , as we have heard ; but as the Romans did gain ground upon the in-dwellers of Albion , or Britannia minor , beating them Northward , they lessened Albion , or Britannia minor , so far , till they brought them to keep North Bodotria , or Forth , and Glotta , or Clyde . Last of all , the Romans having by their cunning divided the Brigantes and Picts ; and having drawn the Picts on their side against the Brigantes , Albion was taken for that part of Britannia minor , beyond Clyde and Forth , which did not belong to the Picts ; that is , the Northwest side of that hillie Continent , with the hillie Islands adjacent , where to this day dwelleth our Highlandmen , or Highlanders , who are the remnant of the ancient Brigantes . That the ancient name of a whole great Countrey , as this Island is , should be conserved in one corner , or a little portion thereof , may not seem strange , I have thought fit to tell you , That you have the like in our neighbour Countrey , of old called Gaule , now France ; where the ancient name of Gaule , among the vulgar , is onely conserved in a little Countrey lying about Sens , of old , Senones : this little Countrey is called Pays Gaulois , and is divided in Haute , & basse Gaule . So it was judiciously said by the Historiographer , The name of the Isle Albion is derived from Albe , and remains in Scotland , as it were in its Native Soyl. Of Alpe , or Albe , signifying hill , or high place , you have the in-dwellers thereof sometimes named Albani , as in Asia , Dalmatia , Italy , and North Britannia ; and their Countrey Albania , sometimes Albici , Albigois in Languedock , and their Countrey Albium , or Albi , in vulgar language , sometimes Albini , or Alpini , and Albienses , as the in-dwellers of our Albion , who to this day call themselves as they have done of old , &c. which name is one and the same with Brigantes . Here let us remark , That as the Provincialls or In-dwellers of Britannia superiour , subject to the Romans , are ordinarily called by the Writers Britones ; so the others , benorth the Empire , have been called by the Writers Britanni , peregrini , & transmarini , strangers , and beyond-Sea-men , as if they had been of another Island . And truely , if it were not for the Strait betwixt the Rivers afore-named , which did serve for Border unto them , they were in another Island . Hence England is said to be inter quatuor maria . Ptolomeis , Tacitus , and Seneca tell us , That the Brigantes inhabited Albion , which when they writ , was that part of the Island beyond the Roman Empire . Therefore the Brigantes were then Albini , or Albani . Moreover , the Brigantes about Eboracum , now Yorke , were of the Scots , who came from Ireland , a great and mighty People . Iohn Fordon , in his Scoti Chronicon , writes , That the Scots came so far South as Humber , and possessed Lands there . Also the Isle of Man was for a long time under the Crown of Scotland ; which Isle is as far South , as the Countrey about Yorke , although it be Westward , and in the Sea. And these were the Brigantes we now have spoken of . The Brigantes , at their first coming into Albion , came , as we have said , without any certain or setled way of Government : but being grown to a considerable number or Body , they sent into Ireland for Fergus the first , to be their King ; whose ( with a new Colonie ) coming into Albion , is reckoned to be about Alexander the Great his time ; that is , about three hundred yeers before the Birth of Christ. The Brigantes , alias , Albini , for a certain time , by some have been called Dalreudini ( although this name did not last long ) from the King Reuda , who brought into Albion the second remarkable Colony from Ireland , after Fergus , about 180 yeers before Christ ; that is , about 220 yeers after Fergus , And Dale , which signifieth Countrey and Province , as is known to this day : There is a certain place in the West of Scotland , called to this very day Ridsdale . We have heard , That the people benorth the Roman Province , upon the East side , were originally Britains , whence they were called Britanni Picti ; and somtimes Britanni Caledonii , from one of the chief people ; sometimes simply Picti , or Caledonii . Also we have heard , That the people benorth the Province , on the West side , were come from Ireland , and called Brigantes , or Album ; yea , for a time Dalreudini . Likewise we have heard , That all the people benorth the Empire , by a generall Appellation , were called Scoti , where they were all spoken of together : but when they were spoken of apart , those of the East were called Scoto-britanni : Those of the West were called Scoto-brigantes , as we have heard out of Seneca . Moreover , by progresse of time , the Irish came to go under the name of Scots , with those of Britannia minor , or Albion , who from them had help , supply , and recruites , in their War against the Romans and Britans Provincialls . Thus naming the Irish by the name of Scots , began some hundred yeers after Christ ; that is , towards the middle Ages . And about that time Ireland was called by the name of Scotia , as Abrahamus Ortelius hath remarked , in these words ; I have observed Ireland to be named Scotia , by the Writers of the middle Age. And so it hath been observed by the learned , That ancient Authors did never name Ireland Scotia ; as you may see by those who have exactly reckoned up the old names of Ireland , out of the ancient and Classick Authors . So it was not said much amisse by one , That this naming of Ireland by the name of Scotland , was first about Beda his time , who lived in the beginning of the eighth Age. Scaliger tells us , That the word Scot is no Irish word , but British ; that is not used in Ireland , but in Britannia : what is the origine and signification of the word , we have heard before . As the Irish began to be called Scots , so the Picts left off to be so named ; now withdrawing themselves from the Brigantes , or Albini , and striking in with their enemies the Irish , by the Writers were called Scoti Hibernienses , and the Albins were called Scoti Albienses : And Ireland was called Scotia major , because Albania or Albion in those dayes , which they called Scotia minor , was of lesse extent . But this name of Scots was not for any long time given to the Irish ; So that at length the name of Scots became peculiar to the Albins or Brigantes alone . Lastly , the Albins having subdued the Picts , and made them no more a People , communicated into the Countrey , newly conquered by them , the name of Scotia , as one Countrey with Albinia ; and so all the in-dwellers there , were called Scots , with the Albins , as one people with them , and so they are to this day . Now the Albins or Brigantes being the onely Masters of Britannia minor , came to be called Scoto-Britanni ; as the Picts had been of old , and are upon occasion called so to this day , to distinguish them from the South Britons , of whom , some are called Cambro-britanni , the rest , Anglo-britanni . Although the ancient Brigantes were called by forreigners Scoti , namely , by the Britons Provincialls , and the Romans , yet they did never name themselves so , by this name Scoti ; neither do the High-landers to this day , in their own language call themselves Scots , but Albins . So Scaliger had just reason to say , That Scoti was not an Irish name . As the Hellenes did never name themselves Greeks , although they were so commonly called by the forreigners : And the Misraims did not call themselves Egyptians , although forreigners named them so . The Scots now adayes are divided in Highland-men , and Lowland-men : The Highlanders are the true Progenie of the ancient Brigantes , or Albins , for the most part , I say , because some are come in later times from other Countreys . And to this day our Highlanders , as the Brigantes of old , makes main use of their Bowes and Arrows , in their war , namely , when they are among the hills ; so when they praise one for a Military man , they say , He is a good Bowe-man , and Bray-man ; which two Epithites were expressed by the ancients in one composed word , Scoto-Brigantes . The Lowland-men are made up of divers Nations ; for a few of them are a little remnant of the ancient Picts ; other few are descended from the ancient Albins : who leaving the hills , after the defeat of the Picts , did betake themselves to the Low Countrey . Divers from the South parts of Britannie , had fled thither from the Tyranny of the Saxons , Danes , and Normans , as they did of old from the Tyranny of the Romans . Then the English , being so oft in Scotland with their Armies , have left divers in the Countrey . Also Marriages , and other private occasions , have drawn sundry men from England into Scotland . Lastly , sundry of the Low-Countrie people are come from beyond Seas , as from France , Germany , Hungary , Flanders , Ireland , &c. of late dayes : So all being reckoned , they are but few in the Low Countrey come of the old Albins , Brigantes , or old Picts . The Low-Countrey men calls the High-landers Irish , not so much for their ancient descent , as for their language , onely differing from the Irish by dialect ; and for their wayes of living not much unlike : yet one main difference is to be seen in the activity of the Scots , and the lazinesse of the Irish. On the other side , the Highlanders calls the Low-Countrey men Saxons , not so much for their descent ( although many of them are come from the Southern people , as we have said , who are a Progenie of the Saxons ) as for the language , which differeth onely by dialect from the language of the South , which acknowledgeth the Saxon language for its mother Tongue , and for the way of living not so different , save that the Scots are harder bred , and consequently , more fitted for toyling at War namely , then the English are ; for we see the English to have pain to toyle , and endure Wars , at the first going to the Field , by reason of their tender and soft breeding . The language of the South - Britons of old , was not much different from that of the Gauls , from whence they came into Albion ; witnesse Tacitus , in Agricola his Life : The Gauls then did speak a corrupt Greek , for they are come of the Greeks . Besides , many words of the old Gaulois , the phrase and construction , are to this day in the French language kept ; which doth signifie , that of old the Greek was spoken in Gaule , although corrupt grosly by ignorant men without learning , who neither could reade nor write . Yet in the South parts of Gaule , neer the Mediterranean Sea , wherein the Greek Islands are , the Greeke was spoken and taught , at Marseilles namely . The ancient language of the Britons suffred a great change by the Romans , and other forreigners , who brought in amongst them their terms of Law , of divine Service , of War , and of Policie , with the names of divers Commodities , and the names of divers Trades . When the Saxons and Danes came into the Land , they confined the remnant of the ancient Britons unto the West Countrey , with their language , such as it was left unto them by the Romans , and other forreigners of old , and with themselves planted the language which is spoken in all England now adays , with some alteration and change . The first notable change happened by the Normans , in whose language the Law hath been administred , &c. The next change is from the Latin , in which language divine Service hath been for many yeers Officiated . Then the English language hath borrowed from all neighbour Nations many words , without any great change ; so that the English language is said to be the quintessence of all neighbour Languages : From it the Scotish Tongue differs but in dialect , as we have said . The Highlanders Language , as hath been said likewise , is Irish , which of old was a corrupt Greek also ; for the Irish came into Ireland from the North parts of Spain , who spake a corrupt Greek , as those of Gaule did ; for the ancient in-dwellers of the North parts of Spain came also from the Greek Islands . So that of old , the Language of the ancient Britons was not altogether strange unto the Brigantes , or Alpins ; yea , in this time wherein we live , notwithstanding the great changes that both the Languages have sustained by time , and Commerce of forreign Nations , they have many words which are one and the same , signifying the same thing . Thus much I have written of the beginning , names , way of living , and Languages of Scotland , to make known to all , how unjust and injurious unto us are some modern Antiquaries of our neighbour Countreys ; who first think they cannot prove their own people to be sufficiently ancient , except they take from their neighbour their just right of good Antiquity . Next , they conceive they cannot set forth fully enough the greatnesse of their own Countrey , except they make their neighbours no people at all , or at least , hardly considerable . Thirdly , they imagine , That they cannot extoll and magnifie the glory of their Countrey highly enough , unlesse they not onely depresse and extenuate their neighbours name , but also attribute unto themselves the advantages of their neighbours . But if these Antiquaries had considered with the eyes of men , That there is enough to be said for the credit of their own Countrey , without wronging others , they had not so stuffed their Books with mistaken and mis-applied Allegations of good ancient Authors , nor with Collection of fabulous and lying Monks tales , wherein some of them do fansie Learning mainly to consist . But of this enough . For this place , I will only adde this : As the Scots , although they be not of the greatest people , yet they are truely one of the most ancient People in Europe ; So I dare be bold to say , That God ( to whose praise be it spoken ) in his goodnesse towards them hath raised up of them , and amongst them , so many excellent and vertuous men , in Church and State , in Piety and Learning , in Policy and War , at home and abroad , of old and of late , that few Nations , ancient or moderne , although of greater bounds , can compare with them ; fewer equall them , and hardly any at all go beyond them in this ; for which we praise God , who of the best things hath given us the best measure ; and say with the Historian , That the Land is more fertile of good men , then of good fruits . But now , since all former walls of separation and division , both ancient and moderne , Civill and Ecclesiasticall , are in a great measure taken away by Gods blessing : and since in so many respects the Scots and English are so neer one unto another , as we have said : But above all , since they both are members of the true Church and pure Spouse of Christ Jesus , to the upholding of whose Truth , and purging of it from uncleannesse they have newly bound themselves together as one People , yea , as one man , Let them then , in Gods Name , laying aside all excuses , envies , jealousies , and by-ends , as feeling members of one and the same Body , concur unanimously , with their mutuall and best endeavours , to settle the true Worship of God in all true purity , and quiet all things speedily with wisedom , to the good of the people , with due obedience to our lawfull Sovereign under God , as we are taught by the Law of God , the Law of Nature , the Law of Nations , and the Municipall Laws of our severall Countreys . But to return to the Church . The Scots , although they received amongst them the light of the Gospel with the very first of the Gentiles , as we have said , yet had they not the Evangel so universally professed thorow the whole Countrey , till towards the first yeers of the third Age ; that is , till Donald the first ; who not onely professed the Faith of Christ himself , with his Family , but did his best to cast out Idolatry wholly from his Dominions , and to settle the Ministery of the Gospel in every corner thereof : But this religious King could not bring to passe this his good Designe fully , being diverted by continuall Wars against the Romans the whole course of his life . After the death of Donald , till toward the later end of the third age ; that is , to the Reign of Crathilinth , this work of totally putting down Idolatry , and setling the Gospel every where in the Countrey , by the negligence of the following Princes , was at a stay . In this King Crathilinth his dayes fell out the ninth persecution under Aurelius , and the tenth under Dioclesian , which gave occasion to many Christians from divers parts of the Empire , but namely from the South parts of Britanie , now another time to flie into Scotland for refuge , as they had done before under Domitian . Among those fugitives who did then repair into Scotland for shelter from the generall massacre , were many excellent men in Piety and Learning , whom the King Crathilinth not onely kindely received , but also employed to ayd and help him and his Councell in the further setling of Christs Truth in his Kingdom , and in the totall extirpation of Idolatry out of it ; which was so much the harder work , because of the Druides , the principall false Prophets , and Idolatrous Priests in those dayes ; who not onely by their subtill hypocrisie , and sense-pleasing Divine Service , but also by a cunning forecast , having drawn into their hands the hearing and determining of Civill affairs , had so gained upon the spirits of the poor and simple people , that they could not imagine how to be without them , and live . The resolute care and diligence of King Crathilinth and his Councell , with the help of those pious and learned men , surpasseth all difficulties ; and having put quite down the Groves and Altars under the Oaks , and , in a word , all Idoll Service , established the pure Worship of the true God in every place of his Dominions , and filled up the rooms of those false Prophets , with godly and learned Teachers of the people ; which was done every where thorow the Kingdom , but particularly in the Islands , which those pious men chose for their principall abode , as being most fit for a retired life ; and namely , in the Isle of Man the King Crathilinth caused to build a Church to the honour of our Saviour , which in following times , by corruptions , was called Fanum Sodorense , for Soterense , the word originall is , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Hence the Town neer the Church was called Sodora , as Minster in our vulgar language , and Moustier in French , signifying a Town , in a secondary signification , neer a Church . Those godly men being setled as aforesaid , and having withdrawn themselves from the sollicitude of worldly affairs , did wholly give themselves to divine Service , that is , To instruct the ignorant , comfort the weak , administer the Sacraments to the people , and to train up Novices and Disciples , to do the same service in their due time . These men , for their single and retired life , were called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , or Monks , by abbreviation ; and for their travelling altogether in Gods Worship and Service , were called Colidei , or Culdees . These Culdees were so given to the exercise of devotion , by the meditating the Mysteries of the Kingdom of Heaven , and by Prayers , that the very Cells whereinto they had inclosed and separated themselves from the world , after their death were reputed so many Temples or Chappels set aside for Divine Service ; hence to this day Cella is taken for a Church among the ancient Scots , as you may see in these composed names , Kelmarnoc , Marnoc his Church , Celpatric , Patrick his Church . The Culdees thus setled , as we have seen , did chose out of themselves some eminent men , in piety , knowledge , and wisedom , to oversee the rest , and to keep them to the discharge of their duty towards the People , and towards the Disciples , with an orderly and discreet carriage of each one towards another , in their severall societies , and in their private . These Overseers or Superintendents chosen of themselves , and by themselves , did discharge the Duties of their Function , indifferently every where , thorowout the whole Kingdom , without restraining themselves to any certain place , or Lording over their Brethren , or any part of the Flock of Jesus Christ , not attributing unto themselves any particular distinct holy order from the rest , belonging onely to them , and to be onely conferred by them . This way of instructing the People , and governing the Church by Culdees , did continue for many yeers , under Gods mercy ; the Ministery of Gods Church , as yet , not being become a businesse of gain , and of worldly pomp and pride ; So these Culdees and Overseers of others , had no other emulation , but of weldoing , nor striving , but to advance true Pietie and godly Learning . The Overseers of Superintendents of the Culdees , were commonly called by the Writers who writ of those dayes , Scotorum Episcopi , without any definition of place , or preeminence of one above another . But to return to Crathilinth , who till his dying day , which was about the 312. yeer , did constantly continue to advance the Kingdom of Christ , as likewise his successor Fincormac ; under whose dayes the Gospel did flourish in Puritie and in Peace ; he died about the yeer 358. After the death of Fincormac , both the Church and State of Scotland fell in great disorder and troubles , by domestick dissensions and factions for some yeers . The Roman Lievtenant Maximus , seeing the intestine troubles of Scotland , began to lay hold upon the occasion . First , he foments their divisions within them ▪ next , not onely he withdraws under fair promises from the Scots their ancient Allies , the Picts , but also obtains help of the Picts to make Warre against the Scots , and so to defeat them , which he did effectuate indeed in a battell fought with much bloodshed on both sides , at the Water of Dun , in Carrick , wherein the King Ewen was killed ( this defeat fell out about 380. in the yeer of Christ ) the most part of the Nobilitie , and numbers of People of those that escaped , some fled into the West Isles , some into Ireland , and others to the Northern parts of Germany or Scandia ; some submitted themselves to the will and discretion of the Conquerour , with the poor people that had not taken arms . Among those that fled away , was Ethod the Kings Brother , who went with sundry of the Nobilitie unto Scandia , where he and they stayed divers yeers , and from whence now and then they made secret attempts upon Scotland , with the help of their Brethren , retired into the Islands and Ireland , but to small effect . Now as the face of the politique State of the Countrey was quite altered and undone , so the condition of the Church also was much disordered , and the Culdees were constrained to withdraw , and seek shelter up and down , where they could finde any ; namely , they returned into the Isles , and into Ireland : At last the Picts perceiving by severall attempts made by the exiled Scots , to return home , and re-establish their State ( although with little successe , as we have said ) that the Scots were fully resolved to bestirre themselves continually , till they were restored , and re-established in their ancient Inheritances ; the Picts themselves being moved with the groaning miseries of their neighbour poor people of Scotland , now under the Roman yoak , chiefly by their means ; and taking to their consideration , how foolishly they had suffered themselves be so farre circumvented and deluded by the Romans , as to contribute to the ruine of their old friends ; by whom , mainly in former times , they had withstood the common enemy , did not onely comfort the poor oppressed remainers of the Scots at home , but also did invite these that were in exile to return , promising unto them the Lands which they had of theirs , and to help them with all their strength and counsell , in the recovery of their whole State from the Roman Tyrants . The exiled Scots under the conduct of Fergus the second , son to Ethod , beyond Sea , gathered all they could , both of their own people , and of their friends , from the places of their exile , namely , from Scandie , and from Ireland likewise , and came into Scotland , from whence they chased away the Romans , by strong hand , with the help of the Picts , who made good their promise unto them , both in assisting them in the action of Warre , and in restoring unto them the Land that they had been possessed with by the Romans . The Auxiliaries from Ireland stayed still in Scotland , and had allowed unto them the Countrey of Galloway for their reward ; and because they were of the ancient Brigants of Ireland , some of the late Writers have said , That the Brigantes of Albion had their abode in Galloway . No sooner is Fergus Crowned in the fatall Chair , and setled in his Kingdom , but he takes to his first care to restore the puritie of Divine Service , which had been eclipsed in these bounds for severall yeers ; and to this effect , he calls some of the dispersed Culdees of his Country , whom he settles in their ancient abodes ; namely , in the Isle of Iona , where he furnished them with a Library of Books which he had gathered beyond Sea , as the Story tells us . This return of Fergus into Scotland , son of Ethod , Brother to late Ewen , fell out about the yeer 420. The regaining by the Scots of their native Countrey , under the command of Fergus the second , will not seem strange unto them who have read what they did under the commands of William Wallace , and how under the conduct of Robert Bruce , they recovered their liberty from the thraldom wherewith they were then oppressed . Ewen , son to Fergus the second , by the counsell and ayd of his Grand-father by his Mother Grame ; did not onely keep his Fathers ancient Kingdom , but also did enlarge the Limits thereof , having passed the next Wall of the Romans , which by Grame was pulled down in many places , hence it is called Grames Dyke ; and he possessed himself , and the Picts with all the Lands lying an hundred miles Southward , that is , unto Tyne , and kept them till the entry of the Saxons into the Island . Next , he took unto his care not onely to seek out the Culdees fugitives , which had not yet returned , under his Father , but also he sent for others into the neighbour Countrey of Britaine , and assigned unto them convenient places for their abode , with a moderate competency of means for their maintenance , that they should be in no wayes burdensome to the people , now looking to have some respite from their pressures and grievances . And such was the happinesse of these dayes , that a very small proportion did content the Church-men , setting wholly their mindes to the conscionable discharge of their calling , which they did , Preaching Gods Word carefully , truely , and simply , instructing the people in the fear of God , and so gaining their souls to their Maker and Redeemer . By this their carriage , they gained very much respect among the people , who honoured them , as Fathers , Instructers , and Guiders to Heaven , under God ; the vertuous civill Magistrate was the secondary cause of this good behaviour of Church-men , who by his authority kept them in order , and by his own example taught them to discharge their duty faithfully , and live discretly ; But so soon as the civill Magistrate left them to themselves , then they neglecting their calling , set their minde upon ambition and avarice , and consequently upon all evill , thinking of nothing lesse , then of that they were called to . Here we are to observe , That as the Scots did constantly withstand the ancient Romans , and kept themselves so free of their yoak , that they neither acknowledged their Authority , nor received any Law from them , although it was not without great struggling and hazard , yea , almost to their utter ruine , as it fell out under Ewen the first ; but after some few yeers , the Scots under the conduct of Fergus the second , and Ewen the second , not onely regained what they had lost by the Romans and Picts , but also conquered a great deal of ground beyond their last Limits , as we have newly said . So the Scots in Church affairs , for many yeers together , had nothing to do with the Bishop of Rome , neither made they acknowledgement unto him in any way , neither did they receive any Laws from him ; for as they had the Gospel planted among them , without his help , to wit , by the Disciples of Saint Iohn the Apostle , so they kept themselves unto the Constitutions and Canons , setled by the same first Planters of the Gospel amongst them ; but by successe of time , they became to be infected by their neighbour Nations , with the poyson of the Pelagian Heresie . Celestine then Bishop of Rome , take● occasion to send unto the Britons , a learned man called Palladius , to help the Orthodox Britons to convince the Heresie of Pelagius , then spreading it self amongst them , which was done accordingly . Ewen the second , King of Scots , hearing how the Britons , by the help of Palladius , had repressed the Pelagianisme , being most desirous to purge the Church of his Kingdom also , where this Pelagian errour had crept in ; sends for Palladius ; who with small difficulty assisted the Orthodox , to disabuse those who had been carryed away by Pelagianisme , and thereafter in a very short time , by subtill in●inuations , gained so far upon the well-meaning Scots , that they consented to take new Governours of their Church , who were to have a Degree and Pre-eminence above their brethren , to wit , the Prelat-Bishops . Hitherto the Church of Scotland had been governed by Monks and Priests , without any such dignity or pomp . I call their new Governours , Prelat-Bishops , to distinguish them from their former Overseers and Superintendents of the Culdees , who are sometime by Writers called Bishops , as they were indeed ; but they had no Pre-eminence or rank of Dignity above the rest ; neither were they of any distinct Order from the rest of their Brethren . That at this time by Palladius was brought into Scotland these new kinde of Bishops , it appears by the relations of the Authors following , thus . Palladius is thought to be the first who made Bishops ( that is , of this new order ) in Scotland ; for till then the Churches were without Bishops , governed by Monks ; with lesse vanity truely and outward pomp , but with greater simplicity and holinesse . Before him , saith Hector Boece , Palladius was the first of all that did bear the holy Magistrature among the Scots , being made Bishop by the great Pontif or Bishop ; for till then , by the suffrage of the people , the Bishops were made of the Monks and Culdees . Iohn Mair speaks thus , Before Palladius , by Priests and Monks , without Bishops , the Scots were instructed in the faith . Iohn Lesley saith this , Among us ( Scots ) the Bishops were onely designed by the suffrage of Monks . Iohn of Fordon , in his Scots Chronicle , saith , Before the in-coming of Palladius , the Scots had for Teachers of the Faith , and Ministers of the Sacraments , Presbyters onely , or Monks , following the Rites or Customs of the Primitive Church . Mark the later words ; for according to this saying goes the judgment of the best Divines , who write the truth without any respect . Whose minde Iohn Semeca declareth thus , In the first Primitive Church the Office of Bishops and Priests was common to the one and the other ; and both the names were common , and the Office common , to one and the other : But in the second Primitive Church , the names and the Offices began to be distinguished . Baleus of the Briton writers , Before Palladius the Scots had their Bishops and Ministers , according to the Ministerie of the sacred Word , chosen by the suffrage of the people , after the custom of those of Asia : But those things did not please the Romans , who hated the Asiaticks . Baronius in his Annalls saith this , The Scots gat their first Bishop from Celestine Pontif Roman . Prosper in his Chronic. The Pontif Celestine sendeth unto the Scots Palladius to be their Bishop . Item , Vnto the Scots then believing in Christ Palladius is ordained by Pope Celestine , and sent thither the first Bishop . Beda , in the History of England , Palladius was sent first Bishop unto the Scots , by Celestine , Pontif of the Roman Church . By these Authorities we see , That the Scots , before Palladius , had no Bishops at all ; or at least , their Bishops were not of any distinct Order from other Priests and Culdees , by whom they were ordained , and of whom they were chosen , as we have touched before : and so they were not as those Bishops have been with us , in these later times . Next , let us observe , That the Scots Bishops , since Palladius , must acknowledge themselves clients of the Roman Antichrist , seeing of him they have their beginning and dependance : although in words , yea , in some part of Doctrine , they seem to disclaim him , yet in many parts they shew themselves to be of his Family , namely , in Government ; for they , with him , Lord over the Inheritance of Christ , and , forsooth , take unto themselves the name of Lords Spirituall , as if they were Lords of the Spirits of men , contrary to Gods Word , wherein we are taught , That the Father and Maker of Spirits , is the onely Lord over them : or at least , Lords of Spirituall things , against the expresse words of the Apostles , who acknowledge themselves to be onely Ministers of the Spirit , and spirituall things , reputing it the greatest honour in the world to be so . And Peter , who after he had stiled himself no more then co-Presbyter with the rest of the Presbyters , he forbids them to Lord over the sort of Christ. Then , since in the first Primitive Church the Functions of Bishop , and Pastor , and Presbyter were undistinguished , and any one of the names indifferently denoted the Office , it must be confessed , That the change of Government which hath entred into the Church is not immediately from Christ and his Apostles , neither by Precept nor Example , but contrary to Christs Will and Intention , declared in his Word ; and according to the inventions of men , serving to the exorbitant affections of avarice , ambition , and lust ; to the satisfaction of which , they have domineered over the Flock of Christ , like tyrants , devoured the substance thereof , like ravening Wolves : yea , what is worse , they have not onely been negligent and carelesse to distribute unto the people the Word of God , but also with their might and power have hindered and stopped others to make known unto Gods people the pure light of his Gospel , the ordinary means of salvation ; and consequently , so farre as in them lieth , by thus starving the people of this heavenly Food , send them to hell . Such were these Spirituall Lords ; who , as they have encroached upon the Spirituall Lordship of Christ Jesus over his Flock , and usurped his Authority ; yea , and opposed it flatly , under the name of Spirituall Authority and Jurisdiction ; so have they boldly and cunningly invaded the Prerogative of civill Magistrates , by their Courts and Regalities within the Dominions of Princes where they live : Yea , in sundry places they usurp the full Authority of Princes , and in others they flatly oppose it . And all this hath been done , not onely of old , by those who were called Romish Bishops , but also in our dayes by Bishops ; who in some things make a shew that they disclaim their Father the Pontif Roman , whom in their heart they love and respect , as their actions do witnesse . Although by Palladius Prelacy was brought in the Church of Scotland , and by that means the Government was changed ; and thereafter immediately by degrees other alterations crept into the Church , yet those times after Palladius , till the sixth Age , I mean , till Augustine the Monk , may be said to be golden times , and pure , in regard of the following dayes , wherein Church-men , without any restraint , abandoned themselves to ambition , avarice , and lust , neglecting altogether their Function ; for in these fourth and fifth Ages they were many godly and learned men , who were diligent in discharging the true Duty of a Pastor , as Colombe , Libthac , Ethernan , &c. Then Knitogerne , who by nick-name was called Mongo ; because his Master Servian speaking unto him , used ordinarily this expression , Mon ga , which in corrupt French is as much to say , as My boy . Palladius having brought into the Church of Scotland Hierarchie , as we have said , takes to his next care to provide for the maintenance of this new Degree and Order ; which was obtained without great difficulty , both of Prince and people , under pretext of Piety ; but with bad successe , as by the wofull experience of following times we have found . These new Bishop-Prelats , having pretty well setled their own condition for maintenance , which although it did exceed much the allowance of former Ages to Church-men , yet it was very moderate in regard of the following times : Next , they obtained great Lands and Revenues from Prince and People , for other Presbyters and Ministers , who formerly had been very little burdensome to the people ; for by their own industry and work of their hands , did provide for themselves , necessaries for the most part ; by this means , the Prelats tie the other Presbyters and Ministers to them , and secondarily bring in , by little and little , idlenesse , and slacknesse in discharging their calling , from whence are risen all the evills we have seen since in the Church . After the beginning of the fifth Age , to wit , 521. yeers , in this Island began ( the old Saturnalia of Rome , which was first kept in honour of Saturne ; but by the Successors of Iulius Caesar , it was ordained to be kept , to the memory of him , and was called Iulia ) to be celebrated unto the honour of Christs Birth , in the later end of December . The occasion was this , Arthur that renowned Prince wintering at York ( whereof , he newly had made himself Master ) with his Nobles , bethought himself with them , to passe some dayes in the dead of winter in good chear and mirth , which was done forth with , as it is given out for devotion to Christ , although , that then true Devotion was very little regarded ; for as these men did exceed the Romans during this Feast in Ryot and Licentiousnesse ; So they continued the Feast double the time that the Ethnick Romans were wont to kept it ; for the Romans kept it onely five dayes , but these kept it ten dayes with their new devotion ; yea , those of the richer sort in time following have kept it fifteene dayes . Thus was the beginning of the prophane idlenesse and ryot of Christmas , now kept twelve dayes with foolish excesse and ryot . As these Christmas keepers did mistake the way of honouring Christs Birth , by this kinde of solemnity ; so did they mistake the time of his Birth ; for the most exact Chronologers tells us , that Christ was born in October , and not in December . The Scots retain still the old name Iulia , of this preposterous-holy-Feast , for they call it corruptly Iul : Although they never kept it of old , not being subject to the Romans . The French and Italians , in this , are nothing behinde with us ; for beside , That they share with us in these Saturnalia , Iulia , or Christmas ; They go beyond us in ryot and fooleries in their Bacchanalia , which they call Carnaval or Mardigras before Lent ; which in old time was kept to the honour of Bacchus . But the corruptions that were brought in our Church from Rome in the fourth and fifth Age , were nothing to what was brought in in the sixth and seventh Age , for then was Religion turned upside down , and so changed into Superstitious Ceremonies , and Idolatry , authorized by false miracles , that there was hardly left any trace of true Religion among men in these dayes . Palladius was the first that acquainted us with Rome , as we have said , and that brought in Prelacy amongst us , a little after the beginning of the fourth Age , which he and his Successors by degrees brought unto a great height , both in worldly pomp and means ( for the times ) by the inconsiderate , debonnarty of the Prince , and simplicitie of the people , but not without struggling and resistance , by pious and wise men , for many yeers ; it was the work of Church-men , set a foot by Palladius so till the sixth Age , that is , upon the matter , two hundred yeers , to raise themselves to Power , and Authority , and Means , whereunto they came insensibly , so much the rather , because they were sparing for these dayes , to invert the main Doctrine of the true Religion . The People and Magistrate seeing their Religion remaining in its maine , were , without great difficulty , drawn over to give way unto the greatnesse of the Church-men ; But when these gallant fellows had wrought their own ends , they did shew plainly what was within their hearts ; for then they declared themselves to be enemies both to God and to Man , by their vitious lives , contrary to the Laws of God and man ; Their false Doctrine , contrary to Gods Word ; their Tyrannicall domineering over the people ; and withdrawing themselves from due obedience , unto the lawfull Magistrate . In a word , by directly opposing God , abusing men to their utter ruine of soul and body , and setting up their own inventions for the Laws of God , and men , they were a bringing this height of iniquitie to passe , about the matter of two hundred yeers likewise , to wit , the sixth and seventh Age , although the workers of iniquity did at last bring their mischievous designe to an end , by the permission of God , irritated against men for their sins , who not adhearing unto him , were abandoned so , that they became a prey unto Satan and his instruments , to follow all iniquity ; yet , such was the mercy of God towards men in these most corrupt times , that the devill and his instruments went not so cleerly on with their wicked businesse , but they had now and then , from time to time , remoraes and lets in it , by those whom God raised up to bear witnesse to his Trueth ; and in these dayes , sundry of the Scots Divines were very stout in the keeping of the ancient Tenets and Rites ( which they had received from their first Apostles , Disciples to Saint Iohn , according to the Church of the East ; Witnesse the great strugling they had about the keeping of Pasche , or Easter-day ; for till then , the Scots had kept the day of Pasche , upon the fourteen day of the Moon , whatsoever day of the week it fell out on ; the Romanists called those that kept so this day , quartadecimani , and condemned them as Hereticks , and they kept the day constantly upon the next Sunday following , and not upon a working day ; at last the Scots were constrained to yeeld in this , as in other Rites , unto Rome . Culman , and divers others Scotish men , did so stoutely oppose the Romanists in the point of Easter-day , and in other Tenets , that they chose , it being given to their choice , either to submit unto Rome , or to quit the setlings they had in the North of England , rather to lose their Benefices , then to yeild . So standing fast to the Customes of the Scots Church , wherein they had been born and bred , they returned home to Scotland . About the end of the seventh Age ; men from Scotland , given to ambition and avarice , went frequently to Rome for preferment in the Church ; and seeing it lay much that way then , they did their best to advance the designe of the Romish Party , wherein all the skill of worldly men was employed , both in Rome , & among the Scots of that Party ; many men went to and fro , between Rome and Scotland , to bring the Scots to a full obedience unto Rome , and conformitie ; by name there was one Boniface sent from Rome to Scotland , a main Agent for Rome in these affairs ; but he was opposed openly , by severall of the Scots Culdees , or Divines ; namely , by Clemens , and Samson , who told him freely , That he , and those of his Party , studied to bring men to the subjection of the Pope , and slavery of Rome , withdrawing them from obedience to Christ ; and so in plain termes , they reproached to him , and to his assistants ; That they were corrupters of Christs Doctrine , establishing a Sovereignty in the Bishop of Rome , as the onely successour of the Apostles , excluding other Bishops ; That they used and commanded Clericall tonsure ; That they forbad Priests Marriage , extolling Celibat ; That they caused Prayers to be made for the dead , and erected Images in the Churches ; to be short , That they had introduced in the Church many Tenets , Rites and Ceremonies , unknown to the ancient and pure times , yea , contrary to them . For the which , and the like , the said Clemens , and those that were constant to the Truth , with him were excommunicated at Rome as Hereticks , as you have in the third Volume of the Concels : although the true reasons of their excommunication be not there set down . In the eighth Age , the poor people were so blindly inslaved and intoxicat with the Cup of Rome , that they thought it a truely holy Martyrdome to suffer for the interest of Rome ; yet , although most men had left God , to worship the Beast , in these dayes God raised up sundry great Lights in our Church , as Alcuin , Rabanus Maurus his Disciple , Iohn Scot , and Claudius Clemens . In this we shall remarke the constant goodnesse of God towards his people , who made his Light shine in some measure thorow the greatest and thickest darknesse , by raising up these men , who did bear witnesse to the Truth , both by word and writing ; so that God did not altogether leave off his people . The Bishop of Rome caused to declare Alcuin ( for his Book of the Eucharist ) many yeers after his death an Heretike . So Rome persecutes the Saints of God , even after their death . In the ninth Age , both Prince and People , by dolefull experience , did finde the idlenesse , pride , ambition , avarice and ryot of Church-men , occasioned by the indulgence of Prince and People ; wherefore , at Scone under King Constantine the second , there was had a convention of States for reforming the disorders in the Church . In this Assembly it was ordained , That Church-men should reside upon their charge ; have no medling with secular affairs ; that they should instruct the people diligently , and be good examples in their conversations ; that they should not keep Hawks , Hounds , and Horses , for their pleasure ; that they should carry no Weapons , nor be pleaders of civill Causes , but live contented with their own provisions : in case of failing in the observance of these points ; For the 1 , time , they were to pay a pecuniary mulct or fine ; for the 2 , they were to be deprived from Officio and Beneficio . Thus you see , in these most blinde and confused times , That resolute Princes and People did oppose manifestly the Popes omnipotency , and highest Sovereignty . In the later part of the same Age , King Gregory was most indulgent to Church-men ; he was so farre from curbing and keeping them under , that he granted them many things they had not had before . Then in a convention of States holden at Forsane , it was ordained , That all Church-men should be free of paying Taxes and Impost ; from keeping watch , and going to warfare . Item , They should be exempt from all Temporall judicature . Item , All Matrimoniall Causes were given over to be judgement of Church-men ; as also Testaments , Legative Actions , and all things depending upon simple faith and promise . Likewise , the right of Tithes , with liberty to make Lawes , Canons , and Constitutions ; to try without the assistance of the temporall Judge , Heretikes , Blasphemers , Perjured Persons , Magicians , &c. Lastly , it was ordained , That all Kings following , at their Coronation , should swear , to maintain Church-men in these their Liberties and Priviledges . In these dayes lived a Learned man , called Iohn Scot , sirnamed Aerigiena , because he was born in the Town of Aire ; he published a Treatise , De corpore & sanguine Domini in Sacramento , wherein he maintained the opinion and doctrine of Bertram ; whereby he offended highly the Sea of Rome . In the tenth Age things grew worse and worse , The Church-men did so blinde the King Constantine the third , That they perswaded him to quit the Royall Crown , and take the Clericall Tonsure of a Monk , which he did at Saint Andrews ; There were some Priests in these dayes , who did strive to have liberty to take lawfull Wives , but in vain . A little thereafter , there were new disputes for Priests marriage ; one Bernet a Scots Bishop , stood much for that cause in a nationall Councell . In this Age , although that avarice and ambition , had corrupted , and perverted Religion generally , yet there were constantly some godly men , who albeit they could not openly stop and oppose the torrent of these times , given to Idolatry and Superstition , did instruct and teach the people , That Christ was the onely propitiation for sin , and that Christs blood onely did wash us from the guilt of sin . In the eleventh Age , Malcome gave away a part of the Crown Lands among his Nobles , for their good service against the Danes ; the Nobles in recompence thereof , did grant unto the Crown the ward of these Lands , with the benefit that was to arise by the marriage of the Heir . Untill the later part of this Age , the Bishops of Scotland , although they had raised their Order unto a great power and riches , yet they were not distinguished in Diocesses , so till then indifferently , wheresoever they came , they did Ministrate their Function , without lording over one particular place , or calling themselves Lords of any place . The Diocesses wherein Scotland was divided at first , were these , Saint Andrews , Glasgo , Murray , Catnes , Murthlac , or Aberdene . The Bishops of Rome taking upon them in these dayes to be above Kings , and to conferre in matters of Honour , upon Kings , how , and where they pleased ; and so by this means , to put a farther tye of Vassalage and subjection upon Princes . To this effect , in the yeer 1098. ordained King Edgar to be anointed with externall Oyl by the Bishop of Saint Andrews , a rite , which till that day , had not been in use among our Kings : yet they were as much the anointed of the Lord before , as they have been since , and as any other Princes , who before them had this externall anointing from the Sea of Rome ; although the Romish Writers do make a greater esteem of these Kings anointed by them , then of others , because they conceive them to be more their own . Here note by the way , That all Princes whatsoever in Scripture-Language , are said to be the Anointed of the Lord ; and so Cyrus was named , although he was never anointed with externall Oyl . Next , although the first Kings of Israel were anointed , as Saul , David , and Solomon , with some of the following Kings ; namely , where there was any opposition feared of setling them in the Royall Throne ; for further Confirmation were anointed . Read diligently the History of the Kings , and you shall not finde that each one , or every one of them was anoynted externally , although they were all the Anoynted of the Lord. Next , you shall note , That the Oyl wherewith Samuel anoynted Saul and David ( and so the Oyl wherewith other Kings were anoynted ) was not an Oyl consecrated , as that wherewith the High-Priest , &c. was anoynted , but common Oyl . The reason of the Scripture-phrase whereby all Princes are said to be anoynted , is this : Anoynting , in first and most ancient times , was a signe of setting apart of a man for the Office of a King. Hence , by progresse of time , any man that was set aside by Gods providence to execute the Office of a King , whether he came thereunto by Succession , or by choice , or by Conquest , was called the Anoynted of the Lord , because they had the thing signified by Gods appointment , notwithstanding they wanted the signe , to wit , the Oyntment . Further we shall observe here , That not onely those whom God hath set aside to be Kings , be called the Anoynted of the Lord ; but also the people whom he hath set aside or apart for a peculiar end : So the Prophet , speaking of the People of Israel in Gods Name , useth this expression , Touch not mine Anoynted : For their sake I have reproved Kings . Moreover note , That as the people set aside by God are said to be his Anoynted , so they are also called , A Royall Priesthood , Kings and Priests . Not that every one of the people is a King or a Priest , these being particular Callings , no more then they were anoynted ; but because they are set aside by God as Priests , to offer daily unto him the Sacrifice of Righteousnesse , &c. And as Kings were anoynted with Oyl , to signifie their setting aside for their peculiar Office ; so every one of us , being anoynted in Baptisme by the holy Spirit , is set aside to do justice , &c. as a King , in our severall station . Thus much have I , in few words , spoken of Kings anoynting , and how the people are said to be anoynted , or to be Priests and Kings , because in the beginning of the fifteenth Age , sundry were condemned as hereticks , for saying , That every man is a Priest in some kinde ; and that the anoynting of Kings is now needlesse , being an invention of Rome , to subject Princes unto it . Some yeers after the beginning of the twelfth Age , King David , beside the Bishopricks formerly erected , did erect the Bishoprick of Rosse , Breachen , Dunkel , and Dumblane . This debonaire Prince was so profuse towards Church-men , that he gave them a good part of the ancient Patrimony of the Crown : So he and his Successors were necessitated to lay Taxes and Impost upon the people , more then formerly , to the harm of the Common-wealth . In this also he wronged the Church : for the Clergie being rich and powerfull , left their Function , and gave themselves over to all riot and idlenesse . Till riches made Church-men lazie , this distinction in discharging the Duty of a Pastor , or of the souls per se , aut per alium , was unknown . While riches did not so abound in the Church , Church-men kept more conscience in the discharging of their places . In this twelfth Age , the Scots , although they had Bishops ever since Palladius , who for a long time did discharge the Function indifferently in every place where they came to : And although they had of later times distinguished the limits of the bounds wherein they were to execute their Calling , by Diocesses ; yet in that Age , I say , they were not come to that height , to have Primates , Metropolitans , and Arch-bishops . Wherefore their neighbour , the Arch-bishop of Yorke , having gained the consent of the Pope , bestirred himself very earnestly , by the assistance of his King , to have the Scotish Bishops acknowledge him for the Metropolitane ; whereunto the stoutest of the Scotish Clergie would not consent ; but they would depend immediately upon the Pope : and to this effect , Legats were sent from Rome to Scotland ; who being come hither , and seeing the resolution of the Scotish Bishops not to submit to the Archbishop of Yorke ; and finding their own benefit thereby , they did exempt and free the Scots Clergie , from the trouble of the Arch-bishop of Yorke . There was one Gilbert Bishop of Catnes a great strugler for this businesse . About the later end of this Age , sundry Priests were put from their Office , because they had taken Orders upon Sunday . In that time there was a Synod in Perth of Divines , such as they were , who decreed , That Sunday should be kept holy from all work , from Saturday at mid-day , or twelve of the clock , till Munday morning . In the thirteenth Age , few yeers after the beginning thereof , divers kindes of Monks came into Scotland , formerly unknown to the Land ; as Dominicans , Franciscans , Iacobins , and sundry other of that sort of Locusts . In this Age these Vermine of Monks did so multiply every where , that at a Councell at Lyons it was decreed , That no more new Orders of Monks should be admitted or tolerated . But how the Decree hath been kept , we see in our dayes . Next , the Monks of severall kindes gave themselves so to Begging , that the people were much eaten up by them , and the poor his portion was withdrawn ; which occasioned a great murmure among the Commons . Upon this , there was a Decree made then , That onely the Minorites , Praedicants , Carmelites , and Hermits of S. Augustine , should have liberty to beg : Whence they are called , The four Mendicants ; Les quatre Mendiants . Towards the end of this thirteenth Age fell out that great desolation of the State of Scotland , occasioned by the Controversie for the Succession of the Crown , betwixt Baliol and Bruce ; Baliol being constrained by the States of Scotland to break the promise he had made to Edward of England , To subject the Crown of Scotland unto him , for judging the cause on his side . After much trouble and misery of War , the State of Scotland receives Robert Bruce , come of the second Branch , for King , recalling all the subjection and Allegiance that they had given to Baliol , because of his unworthinesse to Reign : who , beside unfitnesse to bear rule over a Military People , had basely condescended to enslave that Nation , to whom their Liberty hath been so dear to this day , that for it , and the purity of true Religion , which both , by Gods mercy , they now enjoy , they have willingly and cheerfully undergone all hazard of life and means ; judging , That if they suffered these two twins , Liberty and Religion , either to be infringed , or taken from them , they had nothing left them , whereby they might be called men . The remarkable History of King Iames the first of Scotland , fitteth this purpose very well . The Passage is this : King Iames the first going into France , was taken by the English , and kept prisoner by them for many yeers . In that time the King of England goes to France , to make Warre ; and at his arrivall there , he findes an Army of Scots ready to fight for the Alliay of Scotland , the French King , against the English. Upon this , the King of England moves King Iames , whom he had taken along with him , to write unto the Scots , and to charge them , upon their Allegiance , not to draw their Sword against the party where he their King was in person . The Scots answered , That they were sent into France to assist their Alliays against the common enemy . As for him who writ unto them , since he was a prisoner , and not a free man , they neither owed him Allegiance , nor would they give him any , so long as he was in prison ; but if he were set at liberty , and were living among them , they would obey him according to the Laws of the Countrey ; since the Crown was setled upon him by the consent of the States , and so they did ; for these Kingdoms were governed in his name , without any communication with him , during the time of his imprisonment , which was very long ; but when he went home , he was received and obeyed as King. From this Princes may learn , that although people do submit themselves to their Government ; the resignation is not so full as to devest themselves of all power in such a way , That the Prince may dispose of them as he thinks right or wrong , he ordinarily being misled and kept captive , by those that are about him ; who for the most part , have no regard to the publike good , nor to the credit and esteem of him , to whom in shew they professe themselves so addicted ; the people have constantly reserved even unto themselves by the consent of all men , yea , of the greatest Court-parasites and Sycophants of Princes , that the Prince cannot , nor ought not to enslave or subject the people to any Forreign Power ; and where Princes by Pusillanimitie and ill counsell , have essayed or attempted such a thing , they have smarted for it , witnesse Baliol , who not onely was excluded himself from the Crown , but also his Posterity ; and it was setled upon the next Branch , to wit , Robert Bruce , with his descendents , where it continues to this day by Gods providence . Then since the people have reserved this power in themselves , to stop the Prince , to put them under any Forreign yoak or slavery ; is it possible , That they have not reserved a power to right themselves from domestick , and intestine slavery , and misery , slavery being ever one and the same ? For what is it to me by whom I suffer evil of one and the same kinde and degree , whether it be by a neighbour , or a stranger , a forreigner , or a con-citizen ? yea , when I suffer by him who should be my friend , and stand for the same Freedom with me , my suffering is the greater . To this purpose you have a memorable Passage of William the Norman ; who , although he had invaded England with the Sword , and by it had defeated him who did oppose him for the Crown , with all his adherents and party , and in consequencie of this Victory , had committed many out-rages with a strong hand ; yet the same William could never assure himself nor his Posterity of the Allegeance of the People , till he had sworn solemnly ( according to the Rite of the times ) for himself and his , To govern according to the good and approved Laws of the Land , as the best Kings before him had done . Then the County of Kent , in its own name , and in the name of the whole Kingdom , declared , That neither Kent , nor any other of the Kingdom , was conquered , but in a peaceable way did submit to William the Norman , upon Condition , and with Proviso , That all their Liberties , and free Customs in use and practice , should be kept . If this was not accomplished afterwards , it was sillinesse of the People that suffered themselves to be abused , and the fault of misled Princes , that did not keep their promise whereunto they were tyed : And sundry , for the breach of this promise , have had occasion to repent , when it hath been too late . We shall adde one example more , which is , of Henry the eighth ; who , anno 1525 , the seventeenth yeer of his Reign , by the advice of his Councell , put a Tax upon the people ; which the people did not onely refuse to pay , but declared , That the thing was unjust and unlawfull . Withall , wherever they met those whom the King had employed for the gathering the money , they used them so kindely , that they did never come twice to one place for the payment of the Tax . The King seeing this , he disclaims the Imposition of the Tax , and so do the Nobles that convened at London , by his Command , for that purpose , and layes all the fault upon ill counsell , namely , upon Wolsey . This was Henry constrained to do , notwithstanding his resolutenesse against all forreign enemy , chiefly the Pope , with his shavelings . By this instance , Henry acknowledged his power to be limited , and no wayes arbitrary : Against the doctrine of our now Cout-parasites . Now if the People have this much power in them , as to stand for their Temporall Liberty , both against forreign and domestick slavery ; far more may they , and ought they , to defend the Spirituall Freedom , which Christ , having purchased with his Blood , hath left them , as Members of his Church . But all this defence of Liberty and Religion ought to be made so , that it be without by-ends , sinistrous respects , of hatred , malice , ambition , &c. The onely scope and main drift being , To have Gods glory , in the Light of his Gospel , setled and maintained , The People at quiet , The Prince obeyed , in God , and for God ( i. e. ) according to the Law of God , Nature , Nations , and the Countrey or Kingdom , so far as possibly can be . This being lookt to carefully , there is no gap opened to Rebellion ; which is a fighting against Gods Ordinance , and not the just and necessary opposing of the abuse and corrupting of the good Ordinance of God. But here a Court-slave will say , If things be so , there is no absolutenesse in Monarchs and Princes ? To answer this , we must know what is to be meant by absolute , or absolutenes ; whereof I finde two main significations . First , absolute signifieth perfect , and absolutenesse , perfection : Hence we have in Latin this expression , Perfectum est omnibus , numeris absolutum . And in our vulgar Language we say , A thing is absolutely good , when it is perfectly good . Next , absolute signifieth free from tye or bond ; which in Greek is 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Now , say I , if you take absolute for perfect , that Prince or Magistrate is most absolute , that is most perfect , who governs most absolutely , or most perfectly . The absolutenesse or perfection of Government consists in its conformity to the perfect Rule which is written in the Law of God , printed in the heart of man , received generally of all wise People , and in practice by all particular well-polished Common-wealths . Next , I say , if you take absolute for free from tye or bond , That no Prince nor Magistrate is free ; for every Magistrate or Prince , as well as the private man , is bound to keep the Law of God , of Nature , &c. not onely in particular things , for his own singular carriage , but also in publike businesses , for the good and society of men , or of the people : for God hath given his Law , and Nature her Dictates to all , to the observance of which all men are tyed . Yea , farther , they are not onely bound in their severall Conditions , and tyed to the performance thereof in their own persons ; but also are bound to further it with all their might , and take away all things that may lett and stop this performance , or deterre and withdraw men from it . Read Levit. 19.17 . where every man is commanded to rebuke his neighbour , and stop him from sinning . Read Deut. 17.19 , 20. where the King is commanded to have continually the Copie of the Law before him for his Rule and Guide . What is in 1 Sam. 8.10 . is what a King is likely to do , and not what he ought or should do . This is cleer ; for in the place now named , in Deuteronomy , the King is told what he ought to do ; but that he is said to do in Samuel , is contrary to the Ordinance of God. Confer the places , and you will easily see this truth . Next , a Prince is said to be absolute , that is , not in any kinde subaltern to another , and whose subjects acknowledge ( under God ) no other but him . Hence you may see , That the Popish Kings and Princes are not absolute ; for , beside the great number of people within their Dominions who are immediate sworn vassalls to the Pope , I mean , the Shavelings ; The Prince himself takes Oath , at his Reception , To uphold the over-ruling Government of the Pope , under the masked name of Spirituality ; and the simple abused Prince shall have for a reward , to make up all , a little holy Oyl to anoynt him , and bear the Title of most Christian or Catholike Princes . Farther , I say , That the Prince , who although in some things hath cast off the yoke of this god upon earth ( for so is the Pope now and then called ) but keeps up a part of his tyranny in the Church of God over his people , wants and loses so much of his absolutenesse , for this tye upon him from a forreign Prince , the Pope . But here the Pope sheweth the height of his cunning ; for he seeing that Princes are told frequently , That they are either absolute , or ought to be such , bethinks himself to keep up his super-eminency above Princes , as his vassalls , and yet make the Princes finde an absolutenesse ; which he acts by his Emissaries , and their inferiour instruments , for their own private ends , whom he makes inculcate in the ears of Princes , That their absolutenesse consisteth in doing with the Life , Liberty and Fortunes of the People , as seems good in their eyes , without any regard to the good of humane Society , which is the true End of all Government : But with this Proviso , That those who have relation to him immediately , be exempted : and these are not onely his shavelings , who are openly obedient to his commands and orders , &c. but also those , yea , in Kingdoms where his name is in a kinde rejected , who keep up his tyrannicall Laws and Ordinances , as we have felt of late , namely , in these Dominions wherein we live , to our wofull experience ; for they , to uphold and encrease their power , have cast both Prince and People into great troubles , making the Prince believe , That without them he hath no being . But to shew thee that Princes may use the people committed to their Charge like beasts , and yet neverthelesse are not absolute , cast thy eyes in the neighbour Countreys onely upon the Duke of Savoy , and the Duke of Florence ; who , although they be Sovereigns in a kinde over the people , and deal most hardly with them , taking their Lives and Fortunes away at their pleasure , yet they are not acknowledged to be absolute Princes ; for they are vassalls of the Empire , and their chief titles are to be Officers thereof : So the Duke of Savoy is qualified Vicar of the Empire , &c. If you consider the Prince , and people committed to his Charge , as having relation one to another , I say , they are both bound one to another by Duty ; the Prince first bound to rule and govern according to the Law of God , of Nature , of Nations , and Municipall Laws of the Countrey and the People is bound to obey him accordingly : but if the Prince command any thing against these , his commands are not to be obeyed , God being onely he , to whose commands Obedience is simply due , and to be given ; but to men , onely obedience with limitation , and in externall things , according to the Laws so oft above named , at the least not against them , or opposite to them . The Chimaera , or rather Solaecisme in reason of passive Obedience , is not to be thought on among rationall men , it being the invention of Court-parasites , a meer nothing , or non ens , for Obedience consisteth in action , as all other vertues do , and not is suffering . Farther , whosoever , for not obeying a wicked command of a Superiour , suffereth , if he can stop it , or shun it , is an enemy to his own being , wherein he offends against nature ; for you see every naturall thing striveth to conserve it self against what annoyeth it ; then he sins against the Order of God , who in vain hath ordained us so many lawfull Means for the preservation of our Being , if we suffer it to be destroyed , having power to help it . But then it will be demanded ; What , is there no absolutenesse in humane Authority ? I answer , simple absolutenesse there is none under God ; For all humane Authority is limited by the Laws aforesaid , and extends to farther then externall things ; yet comparatively humane Authority is said to be absolute , when it is free from any Forreigne Superiour Power . So when Henry the eighth , having cast off the Romish yoak , and putting down the vassallage of these his Dominions unto the Pope , caused divers Books to be written of the absolute Empire or Authority of the Prince ; although , after the freeing himself from the Pope , he had not , nor did not pretend to have any more absolute power over the people , then he had before ; but albeit this Prince did much for the regaining the absolute Authority to the Crown again , in chasing away the Romish Pontiff , yet , he did it not fully , in so farre as he kept still the Romish Rites , and the Hierarchy , or Prelacy , wherein the Romish Fox lurking , hath kept himself in these Countreys unto this day ; and now having acted the Fox long enough , he is acting the Woolf by dedestroying the people of God ; if the Successors of King Henry had not kept in the Romish Superstitious Rites and Hierarchy , they , and we all had had better times , then we have all tasted of . Although King Henry for his Vices , be blame worthy to all posterity , yet I must say , in all humane appearance , That if the Prelat-Bishops , to whom he trusted the reforming of the abuses of the Church , had been as forward , as he was willing , there had been a better Reformation then was in his time , witnesse this instance , The People desired freedome to read the Scripture , the then Bishops refused this unto the People . Whereupon the King was petitioned in the name of the People , the King grants their Petition ; the Bishops hearing of the Kings grant , thus limit it , not daring to deny it flatly , That all Gentlemen should have liberty to read the Scripture , since it was the Kings pleasure ; but for others , the permission was stopped : As if Yeomen and Tradesmen , had not as much interest in Gods Word , as Gentlemen . Then remarke all those that were put to death for the testimony of the Truth in Henry the eighth his dayes , were persecuted by the Bishops of the time , although the blame lieth upon the Prince ; for albeit they had in compliance to the King renounced the Pope by word of mouth , yet in effect they kept up his tyranny , by his doctrine ( with small alteration changed ) his Rites and Ceremonies , Canons and Laws , Prelacie or Hierarchie maintained : And seeing the King so opposite to the Pope , they condescended that the King should bear the blasphemous Title of the Pope , Head of the Church , although with reluctancy : and so it proved ; for notwithstanding all the Statutes that were made in favour of this Title taken from the Pope , and attributed to the King , the Bishops with cunning and subtill proceedings , kept a foot the power of the Pope ; and so soon as they saw the occasion of Queen Marie her Reigne , they freely and easily brought all back again to Rome , without Maske or Limitation : and ever since , their successors , although by the course of affairs ( they ) have been obliged to disclaim the Pope his authority , yea , and his doctrine in some measure ; yet they , ever since , to this day , have expressed their inclinations , and done their endeavours to return thither again , as we all know by dolefull experience . But here it may be demanded , What drift or policie can it be in the Bishops , to desire to be subject to Rome , rather then to their Prince , and Laws of the Countrey ? The answer is , The propensitie of us all , to follow evill rather then good , is known , namely , When the evill hath the mask of worldly dignitie , pomp , power , and pleasure , which hinders it to be seen in its own colours . Now the Bishops and all the rabble of that corrupt Clergy , are given to Temporall , howsoever unlawfull advantages , as their ambition , avarice , and lust , from the very beginning hath shewn ; which exorbitant passions lead men headlong , without measure , when once way is given unto them , unlesse they meet with some lett or stop , which is both lesser and slower , when it is a farre off , namely , when it cometh from one who is possessed with the same distempers , and himself of the same order of men with the Delinquent ; and so the Bishops of this Island , had rather have to do with the Pope , then with the Prince . First , Because of mutuall infirmity the Pope proveth more indulgent then any Prince . Next , The Prince is too neer them , and so it is best for them to be so free of the Prince his Jurisdiction , that they may be able not onely to neglect him , but also to oppose him . For all , let that example of the Canterbury-prelat serve ; who made the King for the time to hold the Stirrup when he gat up upon his horse . The Story is known . I called a little before the Title of Head of the Church , used by the Pope , and then given to Henry , blasphemous . To lay aside all other things that may be alleadged against this Title , I shall onely say this ; The Church is the Spouse of Christ : No Spouse can be said to have any other Head , but him whose Spouse she is . Now if the Church should acknowledge her self to be the Spouse of any other but of Christ , she were a professed Whore and Adulteresse . By no means then a Prince is to be called , The Head of the Church : For although the civill Magistrate is obliged , according to his rank and place , to see the Ministers of the Church do the work of the Lord , truely , diligently , and carefully , and to make them do it according to the Will of God declared in his Word ; yet for all this , he is nothing but a servant , overseer , or grass , and not the Head , which is a Title belonging onely to Christ ; wherefore , Princes or Magistrates , that by slavish flatterers had this Title given unto them at the first , had done well to reject it , as their Successors , who have followed , had done well likewise , ( according to God his Will ) if they had not suffered this Title to have been continued unto them , namely , in the publike prayers , where the time-serving inconsiderate Minister prayeth , in the name of the Church , for her Head ; if the Head of the Church needs to be prayed for , then the influences of the Head , upon the Church , will be but poor and weak , &c. But of this enough for this place . Moreover , The flattering Preachers , unrequired in the publike prayers in the name of the Church , call the Prince forsooth , The Breath of our Nostrils , taking for his ground , the words of Ieremy , in his Lamentations , Chap. 4. vers . 20. Which words , by the Current of the Ancients , and Septuagint , are to be understood of Christ Jesus ; True it is , The Rabbins have interpreted the words of one of the Kings of Iudah , to wit , Iosias , or Zedekias ; and hence some of the later Expositors have explained these words , That first and literally they may be applyed to one of the Kings of Judah , who were all figures of Christ to come , but principally , and mainly the words are to be understood of Christ Iesus , by the consent of all ; So to attribute these words to any Prince earthly , cannot be without offense to Christ ; For who can be said properly , and well , To be the Breath of our Nostrils , but he , who inspireth into us life , that is God. In like manner , the inconsiderate Ministers of the Gospel , abusing the Text of the eightieth Psalm , which , by the consent of all , is understood of Christ truely , and of David , as a figure of Christ to come , call the King , The man of thy right hand , this in no wayes , without Blasphemie , can be attributed unto any earthly Prince ; for none is to be said a figure of Christ , as David , and his Successors were by a particular dispensation . But if misapplying , and mistaking of Texts of Scripture will do businesse , since Magistrates are said to be gods , you may as well call the Prince god , as the Roman Emperour was of old by some so called , and now the Pope , by his Court-parasites : which Titile of god , no Prince will suffer to be given unto him ; Surely , as it is a very great crime , not to give due respect , reverence , and obedience unto him , whom God hath set over us for our good , according to his wise Ordinance ; so on the other side , it is a huge sin to Idolize the Prince , making him a god , when he is but a weak , and infirme man , servant of God. This second fault is committed chiefly by the Sycophants and Parasites , who have no other Church , nor Chappell , but the Court , and make Petition to none , but to the King , whom to please , they wholly study , that they may catch somewhat to satisfie their inordinate desires . And the first is committed , namely , by their prelaticall Clergy , who withdraw from the Prince a great part of his due , when they study to exempt themselves from his Obedience , and take from him any inspection upon them , namely , concerning the discharge of their calling , although by Gods Ordinance it be a main part of his Office , to see God served , and worshipped , according to his Will revealed in his sacred Word . We have a little above seen , how that by the flattery of some Court-preachers , the custome is brought into the Church , to give unto the Prince , not onely swelling , but blasphemous Titles in the publike Prayer , that is made by the Minister in the name of the Chruch ; but although , this be too great an evill , and requireth Reformation , yet the flattery of some Preachers hath not stayed here ; for they , according to their custome , having addicted themselves to any one , whom they conceive may help them to preferment , stick not in the pulpit , where all relation should be laid aside , save that of a Minister of Gods Word , to publish themselves , yea , in their Prayers , to be varlets to this man , or that man ; and , what is worse yet , in the Prayer they call their Masters and Lords Vertuous , Pious , and Religious , when it is known to all , That for the most part they have little Vertue , lesse Piety , and no Religion at all . To have pointed at these things , shall suffice for this place . If any man will be contentious for these practices , I answer him , That the wel-Reformed Churches have no such Customs ; for among the other abuses whereof they have been purged , by the care and diligence of the faithfull Vine-dressers , under Gods blessing , they have been pruned of this rotten Bud of slavish flattery , as a corruption much opposite and contrary to the dignity and power of the Gospel . But let us return , after this long Digression . In these dayes ( that is , in the thirteenth Age ) lived Michael Scot , renowned for his Learning in Physick , Astronomy , &c. He is remembred by Picus Mirandula , and Cornelius Agrippa , very honourably . Also then lived Thomas Lermouth , commonly called , The Rythmer ; whose Predictions are extant to this day : But no wise man can make any thing of them , more then of Merlin his Prophesies , who lived long before him ; although sundry have pleased their fansies with idle Expositions of these two mens dreams . Towards the end of this thirteenth Age , the good Roman Pontif Boniface the eight , making use of the havie moans and complaints that some of Scotland , namely , of the Bishops and other Clergie-men , with their clients , made against King Edward of England , who then did cruelly afflict the Countrey , claims a right unto the Crown of Scotland , as re●igned unto him by the States : And upon this he writes an insulting Letter , and full of threatnings , unto Edward , that he was so malapert as to do any wrong to his vassalls and subjects , where he had none , truely , save the Bishops , and Shavelings , with their clients . Whether the Clergie did make this offer of subjection unto the Pope , or whether he did falsly invent this lye , we cannot tell , but it is betwixt the Pope and his shaved creatures ; such master , such men . Let this teach us , how the Popes are , and have been , and will be ever constantly ready watching at all occasions , to draw all things to their Crosse. But this owning of the Scots by the Pope for his peculiar people did not last long ; for in a very short time thereafter , notwithstanding the great ignorance of these dayes , the Scots shewed themselves refractaries to his holy Orders ; and he , in revenge , did thunder the fire-bolts of his Excommunication against these rude fellows , putting them to the Interdict , all to small purpose ; for by these Bolts they were but very little dashed . We have heard how that in former times the Church of Scotland was served by Culdees , and they ruled by their Presbyteries or Elders , having a Moderator , or Prefect of themselves , and of their own chusing : This was for many yeers . When Palladius brought in Prelacie , a new holy Order , into the Church of Scotland , unknown to the preceding Ages , it was with this Restraint , That Bishops should be chosen by the Culdees , and of them : But when Bishops had once gotten certain Diocesses and Limits alotted unto them , they set up a new Presbytery of their own , or Councell of Canons or Regulars , which they called Chapters ; by whom they intended to be chosen in following times . The Culdees seeing this , did oppose it with their main strength , namely , under King David , who did take up the businesse thus ( being carried away by the Prelats ) That so many of the Culdees as would be Canons , should have hand in the chusing of the Bishops . But the Bishops , to elude this Ordinance of the Prince , obtained a Mandate from the Pope , That no Culdee should be received in the Convent of Canons , but by the consent of the Prior , and most part of the Canons . By these means the Culdees were kept out , and deprived of their voyce in chusing of the Bishop . In the time of the troubles of Baliol and Bruce , one William Cumin , Prefect of the Culdees , thinks it fit for to bestir himself , to trie what he could regain upon the Canons ; and so he opposeth the Election by the Canons of one William Lamberton to the Sea of S. Andrews : The businesse being come to a great height , by Appeal was drawn to Rome , where , after much debate pro forma , time and moneys employed , the holy Father Boniface the eight pronounces sentence , in favour of his dear Clients the Canons ; and so Lamberton is made Bishop , and consecrated by the Pope Boniface . This fact turned so to the disgrace of the Culdees , that after that time we reade no more of them ; so the Name and Order by little and little came to be quite extinguished , about the beginning of the thirteenth age . In the beginning of the fourteenth age , the Order of the Templers was put down , whether for their just demerits , or for private ends and hatred , we leave it to the Histories of these times , Pope Clement the fift by his Bull did cashier them , the Bull beginning thus , Quanquam de jure non possumus , tamen pro plenitudine potestatis dictum Ordinem reprobamus , &c. After which all Christian Princes did cause them to be apprehended in their severall Dominions , and put them from their estates , which was then given to Hospitallers and Knights of Saint Iohn , after they had stood about two hundred yeers , instituted by Baldonin King of Ierusalem , for defence of that Citie and Temple , and the safe conveying of all such as did travell thither : They are also called Red friers , because their Gownes were Red. In this fourteenth age did flourish the great Scholastick Iohannes , called Scotus from his Nation , and Duns from the place of his Birth , for he was born in the Town of Duns in the Mers ; he was a great Opposer of Thomas of Aquin his Doctrine ; his Sectaries were called Scotists , his Epitaph was thus : Scotia me genuit , Anglia suscepit , Gallia edocuit , Germania tenet . In the beginning of the fifteenth age there was a great Schisme in the Romish Church , Pope against Pope ; yea , sometimes there were three Popes at one time fighting one against another , and excommunicating one another ; this Schisme lasted about thirty yeers , and by the Councell of Constance Martin the fift was made Pope , and the rest defeated : There was one Iohn Fogo , a Monke of Milros , who in Scotland defended the Election of Martin by the Councell , against Benedict , alias , Peter de Lune . During this forenamed Schisme , many ( taking occasion of the opennesse of the times ) began boldly and freely to speak against the bad Doctrine , Government and Lives of the Church-men , and that not only in private discourse , but they also preached it publikely , as Iohn Wickliffe in England , Iohn Hus and Ierome of Prague in Bohemia , who spoke before the people freely of the Tyrannie of the Government of the Clergie , the corruption of their Doctrine , and wickednesse of their lives . In those dayes also there were some in Scotland , who feared not to make known to the people the Truth of God , as namely Iames Resby and Paul Craw ( among others ) who suffered Martyrdom for the Truth . About this time the Carthusians were brought from England into Scotland , and had built unto them a Monasterie at Perth . In this Age the Universitie of Saint Andrews was set up , chiefly by the means of Henry Wardlaw Bishop of the place , that in some kinde the Schools of Learning might not bee altogether wanting , which formerly had flourished for so long a time among the Culdees , and of later yeers had quite decayed ; this good did Wardlaw : As his Predecessor William Trail had built the Castle of the same City ; So his Successour Iames Kenedy built the old Colledge likewise , called Saint Salvator his Colledge ; Patrick Grahame , that came after him , was the man that brought into Scotland the Title of Primate , Metropolitane , and Archbishop , by Bull of Sextus quartus . From the first Preaching of the Gospel , till Palladius , the Church of Scotland was happy without Bishops . From Palladius to King Malcolme his days the Bishops had no distinct Diocesses or Parishes from King Malcolme : till Patricke Grahame they were without Archbishops ; this Title and higher rank of Authoritie did not succeed well with Grahame , for the other Bishops could suffer no Superiour under the Pope , namely so neer them , hitherto having rejected all the pretentions of the Archbishop of York ; The inferior Clergie also were afraid of the increase of the Authority of the Man whom they conceived austere and rigid , and so by the Faction of the corrupt Court and disordered Clergy , poor Grahame lost the Title he had procured , with the Benefice , and one Shevez got his spoyl ; and what a sweet Bird Shevez was , the Stories of that time doe sufficiently manifest . Robert Blacater seeing the Bishop of Saint Andrews now a Metropolitane and Archbishop , obtains from Alexander the sixt a Bull , whereby he is made Archbishop also , and hee had under him the Bishops of Galloway , Argyle and Isles ; which new dignitie angred the Archbishop of Saint Andrews , above the losse of his Vassals ; for to have a Companion in equall dignity set up beside him was hard ; but he must digest the Pill , since the Pope will have it so . Lastly , David Beaton brought in the Title of Cardinall into Scotland , who hath beene the onely man that hath born that Title in this Countrey , and how it did speed with him , the following Historie will tell you . As in the beginning of the fifteenth age the Schisme for the Papacie opened thorow Christendom many mens mouthes , and busied their Pennes to set forth the corruption of the Church , and the Vices of the Clergie ; even so in the beginning of the sixteenth age , those that fought for the Bishoprick of Saint Andrews , by their dissention gave occasion to many in Scotland to speak in publike and private of the corruption of Church-mens Lives , Government and Doctrine in Scotland ; which coming to the Popes ears , presently he sent unto the King , Iames the fourth , a Sword , with the Title of Protector of the Faith ; as if all Christian Princes were not in dutie bound to protect the Faith in Christ ; but the Faith whi●h the Pope would have the King to protect , was his erroneous Doctrine , and Tyrannicall Authoritie . Some few yeers after this , Henry the eighth was declared by the Pope , Defender of the Faith , and had the Sword likewise . Iames the 4 of Scotland being dead , now by the corrupt Courtiers the yong inconsiderate King Iames was made beleeve , That the conferring of this new Title by the Pope , did bring unto him a great preheminence ; yea , the Court Sycophants did not stick to call it , A new Royaltie , when in effect it was nothing else but a new note of his Vas●allage to Rome ; and by the accepting of the Sword he did engage himself to make warre for Rome ; and so he did indeed , for sundry men after this , during his short Reign , were persecuted , and suffered death for the Truth of Christ. This is the second remarkable Badge of slavery put upon our Princes by the Pope ; the former was their Anointing by him , as wee have seen before . Here be pleased with me to remark , That of all the Bishops of Scotland before the Reformation , namely , since they were made Lords of certain places , and had particular Diocesses , you cannot finde one who had any care of the true Charge of Pastor ; for their whole studie was , to raise their power , and to encrease their means for the upholding of their power : and , to effectuate this more easily and fully , they kept both Prince and people in dark ignorance of Gods Will and Word . But because they must seem to do somwhat for the name sake of Bishops , they caused to build walls of Temples and Chappels , set up images and pictures richly dressed , to content the eyes , and brought into the Church Instruments of Musick , and artificiall Singing with great skill , to content the ear ; Also they brought in sweet perfume and incense for the smell ; so the most subtill senses were thus satisfied . And , to make a shew to keep under the senses which are more grosse , there must be some kinde of Fasting enjoyned to the people , and chastenesse to the Church-men . But how , and to what purpose these two last have been kept , all men know . But kept or not , all is one , all these Ordinances which the Bishops set up for Religion , have been discovered by Gods mercy , to be not onely without Warant in Gods Word , but plainly contrary to the same . Of all the Bishops of Scotland in time of Reformation , there was onely one or two who embraced the Truth , all the rest were either professed persecutors of Gods Children , and open enemies of the Truth , or else they were given altogether so to satisfie their bellies and lusts , that they had no care of Religion ; witnesse George Creichton ( in the name of all the rest ) Bishop of Dunkell , who confessed truly , That he had lived a long time Bishop , and never knew any thing of the Old or New Testament . Impietie , Ignorance and Wickednesse came to such height among the Church-men of all ranks , degrees and professions , that God being , after so long patience , in a manner vexed with them , did stirre up the people to chase them from the service of his House , and to put others in their places , as you will see in this following Historie , whereunto I referre you . And I shall close up this discourse with one or two passages , worthy to be known ; whereby you may see the learning of the Church-Doctors in those dayes , and how they did imploy the knowledge they had to abuse the poor people . The first Passage is this : One Richard Marshall Prior of the Blackefriers at Newcastle in England , preached in Saint Andrews , That the Pater-noster should be said to God onely , and not to the Saints : The Doctors of Saint Andrews offended at it , made a Gray frier , called Tottis , preach against Marshall his Tenet ; which hee did thus , ( taking his Text out of the fift of Saint Matthew , Blessed are the poore in spirit ) Seeing we say , Good day , Father , to any old man in the Street , we may call a Saint , Pater , who is older then any alive ; And seeing they are in Heaven , we may say to any of them , Our Father which art in heaven : And seeing they are holy , we may say to any of them , Hallowed be thy name : And since they are in the Kingdom of Heaven , we may say , Thy kingdom come : And seeing their will is Gods Will , we may say to any of them , Thy will be done . But when the Gray Fryer preaching came to the fourth Petition , Give us this day our dayly bread , he was hissed at , and so was constrained not onely to leave off Preaching , but also to leave the City for shame . Yet among the Doctors then assembled , the Dispute continued about the Pater ; for some would have it said to God formaliter , and to the Saints materialiter ; others , to God principaliter , to the Saints minus principaliter ; others , primariò to God , secundariò to the Saints ; others would have it said to God taking it strictè , and to the Saints taking it latè : Notwithstanding all these Distinctions , the Doctors could not agree upon the businesse . A fellow , called Tom , servant to the Sub-Prior of Saint Andrews , one day perceiving his Master much troubled with some businesse , and as he conceived weighty , said to him , Sir , what is the matter of this your trouble ? The Master answered , We cannot agree about the saying of the Pater . The fellow replied , To whom should it be said , but to God alone ? The Master answers again , What shall we do then with the Saints ? The fellow duplies , Give them Ave's and Credo's enough , that may suffice them , and too well too . If this was good Divinity , God knows . The second passage likewise is very well worth the knowing , and to this purpose very fit , which fell out about the same time with the former , that is , about the first beginning of the Reformation . A little before the death of George Wischard , there came home from Rome a fellow charged with very many holy Reliques , and new things of great vertue , as he gave out ; but the things were not to be had , nor any benefit by the sight or touching of them , without moneys . Now upon a holy day , in a village neer Hadington , this Romish Pedler did open his pack , to try if he could vent any of his Wares among the Countrey people . Among other commodities , the good Merchant did shew unto the people there was a Bell of much value , by reason of its great vertue ; which he gave out to be this , That if any two parties had any difference , which could not be otherwise decided but by Oath , the truth of the Oath was to be made known by this Bell : for ( said he ) when any one sweareth , laying his hand on this Bell , if he swear true , he shall after the Oath sworn remove his hand easily from from the Bell , without any change to the Bell : But if he that sweareth having his hand upon the Bell sweareth falsly , his hand will stick to the Bell , and the Bell will rive asunder . Now we must tell you , That already there was a rift in the Bell , which this Romipete did affirm had happened by a false Oath of one that had sworn having his hand upon the Bell. At this tale the poor simple people were astonished , and fell in admiration . But among them was one Fermer , who had some light of the Truth of God ; he drawing neer the Romish Merchant , desired to have the Bell in his hand , to see it neerly . This desire was granted unto him . Then he takes the Bell , and looks on it , expressing great admiration at first ; but immediately thereafter , he asked at the Romipete , if he would suffer him to swear in presence of the company , having his hand upon the Bell , for he had minde to take an Oath upon a weighty businesse . The man could not refuse him . Then said the Farmer to the company , Friends , before I swear , you see the rift that is already in the Bell , and how big it is , and that I have nothing upon my fingers to make them stick to the Bell. With this he sheweth them his hand open : then laying his hand upon the Bell , he did swear this ; I swear , in the presence of the living God , and before these good people , That the Pope of Rome is Antichrist , and that all the rabble of his Clergie , Cardinalls , Archbishops , Bishops , Priests , Monks , with the rest of the crew , are Locusts , come from hell , to delude the people , and to withdraw them from God : Moreover , I promise , They will return to hell . Incontinent he lifted up his hand from the Bell before them all , and said , See , friends , that I have lifted up my hand freely from the Bell , and look unto the rift in the Bell , it is one and the same , without change ; this sheweth , according to the saying of this Merchant , That I have sworn truth . Then this poor fellow went away , and never was more seen in Scotland , nor any other of his kinde , who brought Reliques , or other like toyes from Rome . Many more of this kinde might be alleadged , but let these suffice , to demonstrate the miserable ignorance from which God in his mercy hath delivered us ; To whom be praise and glory , for this and all other benefits . With this I end the Preface , that you may come to the History it self . 1553. PAtrick Hamilton was three and twenty yeers of Age when he suffered . After his death , his brother German Iames Hamilton of Levinston was accused likewise ; but the King did cause to convey him secretly out of the way . Also Katherine Hamilton , his sister , was accused , and being questioned upon Works ; she answered , That none was saved by his works . Then Iohn Spencer spake to her of the works of congruo and condigno ; to which she answered , Work here , work there ; what kinde of working is all this ? no works can save me , but Christ's . At this , the King , being present , laughed , and after conveyed her away secretly . One Henry Forest , a Monk of the Order of Benet and Collet , as they spoke then , was also accused of heresie ; but without sufficient proof . Then he was sent to Walter Ange , ( whom Buchanan , in his Satyre against the Gray Friers , called Langius ) to be confessed : Langius having asked him , by way of confession , What he thought of Patrick Hamilton ? He answered , That he was a good man , and that his Articles were to be maintained . Lange discovers this simple mans confession ; and this confession being taken for a sufficient proof , the poor man was condemned to be burnt , and so he was , immediately after they had degraded him , according to their Custom . As they were leading him to the Execution-place , he complained of the Fryer who had betrayed him , and said , Let no man trust the false Fryers , after me ; they are despisers of God , and deceivers of men . They burnt him at the North Style of the Abbey Church in Saint Andrews , that the Hereticks of Angus might see the fire . 1558. One Andrew Oliphant accused with heat Walter Mill , an ancient man , and formerly a Priest , and said to him , being at his devotion , Rise up , Sir Walter . He answered , when he had ended his prayer , My name is Walter : I have been too long one of the Popes Knights ( for all Priests are Sirs . ) Andrew Oliphant said to him , Thou keepest my Lords too long here , therefore haste . He answered , I must obey God before men . Being questioned by Oliphant concerning Priests Marriage , he answered , It was Gods Ordinance , That every man that had not the gift of chastity , should marry : but you abhor it , vowing chastity , which you cannot keep , but take other mens wives and daughters . Then , being asked if there were not seven Sacraments , he answered , Let me have two , take you the rest to your selves . Being asked about the Masse , he answered , A Lord sendeth , and calleth many to his dinner ; and when all is ready , he causeth ring the Bell , the guests come into the hall ; but he turning his back upon them , eateth all himself : And so do you . Then he added , The Scripture is not to be understood carnally ; Christ hath put an end to all carnall Sacrifices , by offering once for all his body upon the Crosse. Many other Queries were put to him , to which he answered stoutly . Being desired to recant , he told them , That he was corn , and not chaff . I will , said he , neither be blown by the winde , nor bruised with the Flail , but I will abide both : I will not recant the Truth . Being commanded to go to the stake by Oliphant , he answered , By the Law of God I am forbidden to put hand on my self , therefore put thou me to it with thy hands , and then thou shalt see my resolution . After he had said his Prayer , he gat leave , with difficulty , to speak to the people standing by : In his Speech he told them , That although he was a great sinner , yet it was for Gods Truth , contained in his Word of the Old and New Testament , that he suffered , and that God , in the abundance of his mercy towards him , did honour him so far , as to make him seal his Truth with his life , among other of his Servants . He added , Dear friends , as you would escape eternall death , be no more seduced with lies of Arch-bishops , Bishops , Abbots , Priors , Priests , Monks , Friers , and the rest of the Antichristian rabble , but onely trust in God. This was the last man that died for Religion in Scotland : And by his death was given the very dead blow to Popery ; for by his death the people of all ranks and conditions were so moved , that they made open profession of the Truth , without any more dallying ; and presently was , upon this occasion , made a Covenant or Bond of mutuall defence , To defend one another by Arms , against the Tyranny of the Bishops , and their Parties . Errata . THe Life . Page 2. line 7. dele he . P. 5. l. 38. r. ordinarily . P. 6. l. 24. r. would . Preface . P. 4. l. 23. r. Author , P. 37. l. 5. d. in , P. 39. l. 12 , 13. r. the Kingdom was , l. 25. r. ever , P. 40. l. 20. r. any part , P. 45. l. 8. r. grief . The first Book . P. 4. l. 43. r. he did , p. 36. l. 3● . r. drowned , p. 37. l. 7. r. used not , p. 39. l. 6. r. inviolably , l. 7. r. worthy , p. 76. l. 47 d. from , p 58. l. 33. d. not , p. 73. l. 14. r. Kitching . l. 45. r. designe , p. 17. l. 48. adde , they call it , wrote to , p. 104. l. 44. r. seen so , p. 105. l. 36. r. did , l. 37. r. him for , p. 109. l. 9. r. never so , p. 15. l. 36. r. onely . The second Book . P. 124. l. 20. r. these , p. 134. l. 19. r. with , l. 39. r. were , l. 46. r. their , p. 144. l. 21. r. we , p. 147. l. 27. r. bondmaide , p. 152. l. 16. r. assisters , p. 155. l. 47. r. concur , p. 157. l. 33. r. also , l. 37. r. is true , p. 158 l. 32. r. such time , p. 163. l. 17. r. first the , p. 165. l. 44. r. without , p. 166. l. 26. r. his , p. 168. l. 2. r. nor , p. 172. l. 43. r. thereof is , l. 44. r. moved , p. 174. l. 38. r. is not , p. 175. l. 3. r. as well , p. 179. l. 1. r. just , l. 29. r. persons , p. 190. l. 4. r. to say , p. 198. l. 19. r. to us by her , l 21. r. as we that be , In the Margin , p. 201. r. heart . P. 203. l. 32. r. many , p. 209. l. 32. r. offended not , p. 210. l. 28. r. uncertain , l. 30. r. uncertain , l. 39. in their . The third Book , P. 214 ▪ l. 19. r. at , p. 415. l. 13. r. did God , p. 227. l. 17. r. declare , p. 228. l. 34. r. perswade me of , p. 229. l. 2. r. in you , p. 230. l. 14. r. at the , p. 243. l. 23. d. which , p. 244. l. 32. r. wife , p. 248. l. 18. r. shall not , p. 249. l. 12. r. their parts , p. 255. l. 20. defrauded , p. 261. l. 25. r. restrained , p. 264. l. 14. r. as it , p. 266. l. 47. r. as , p. 271. l. 6. r. we , l. 28. r. not to , l. 48. r. which they , p. 274. l. 23. r. foulelesse , p. 282. l. 21. r. upon , p. 284. l. 24. r. if any man , l. 23. r. would put , p. 288. l. 1. r. drops , p. 297. l. 3. r. hath , p. 300. l. 4. r. peace kept . The fourth Book , P. 304. l. 24. d. the , p. 305. l. 19. d. must , p. 306. l. 1. r. surfeit wet , p. 307. l. 19. r. as , p. 311. l 40. r. as well , p. 312. l. 2. r. authority , p. 313. l. 12. r. he , l. 39. r. shall onely , l. 47. r. is , p. 316.35 . r. might not , p. 317. l 9. r. whither , p. 319 l. 15. r. concurre , l. 20 r. she , p. 321. l 34. r. charge , p. 324. l. 28. r. meats , p. 326. l. 7. r. modified , p. 327. l. 39. r. women , p. 352. l 3. r. dearth . l. 5. r. many , p. 359. l. 1. r. her , p. 366. l. 12. r. within , l. 19. r. dayes , p 369 ▪ l. 24. r. unlawfull , p. 373. l. 36. r. if the , p. 375. l. 32. r. all through , l. 34. r. sins , p. 386. l. 35. r. death , p. 387. l. 1. r. which , l. 45. r. what , p. 392. l. 25. r. will say , p. 393. l. 4. r. misknow , p. 397. l. 5. r. this , l. 10. r. the. The fifth Book , P. 413. l. 39. r. best , p. 414. l. 17. r. to , p. 416. l. 5. ● . celerity , p. 421.36 . r. as you , p. 436. l. 26. r. foolish cagots , p. 437. l. 7. r. to such , p. 447. l. 5. dele was , l. 23. r. saying . Appendix , P. 7. l. 43. r. ye ▪ p. 29. l. 6. r. result , l. 10. world , p. 60. l. 44. r. Mistresse , p. 78. l. 15. r. time , p. 79. l. 7. r. Iehu , pag. 99. l. 1. r. whole , l. 11. r. finall , p. 102. l. 4● . r. punished , p. 106. l. 1. r. all , p. 111. l. 17. r. him , p. 112. l. 24. r. perceived . THE HISTORIE OF THE REFORMATION Within the Realme of SCOTLAND , from the yeer 1422. Till the 20. day of August . 1567. THE FIRST BOOK . IN the Records of Glasgow is found mention of one whose name was Iames Resby , an Englishman by Birth , Scholler to Wickliff ; He was accused as an Heretike , by one Lawrence Lindors in Scotland , and burnt for having said , That the Pope was not the Vicar of Christ , and that a man of wicked life was not to be acknowledged for Pope . This fell out , Anno 1422. Farther our Chronicles make mention , That in the dayes of King Iames the first , about the yeer of God 1431. was deprehended in the University of Saint Andrewes , one named Paul Craw , a Boheme , who was accused of Heresie , before such as then were called Doctors of Theologie . His accusation consisted principally , That he followed Iohn H●s and Wickliff , in the opinion of the Sacrament ; Who denied that the substance of Bread and Wine were changed by vertue of any words ; Or that Confession should be made to Priests ; or yet Prayers to Saints departed : While that God gave him grace to resist them , and not to consent to their impiety ; He was committed to the secular Judge ( for our Bishops following Pilate , who both did condemne , and also wash his hands ) who condemned him to the fire , in the which he was consumed in the said City of Saint Andrews , about the time afore written . And to declare themselves to be the generation of Satan , who from the beginning hath been enemy to the Truth , and he that desireth the same to be hid from the knowledge of men , They put a ball of Brasse in his mouth , to the end he should not give Confession of his Faith to the people ; neither yet that they should understand the defence which he had against their unjust accusation and condemnation . Both these godly men Resby and Craw , suffered Martyrdome for Christ his Truth , by Henry Ward-Law , Bishop of Saint Andrewes , whom the Prelates place amongst their Worthies ▪ But that their wicked practise did not greatly advance their Kingdom of darknesse , neither yet was it able utterly to extinguish the Trueth ; for albeit , that in the dayes of King Iames the second and third , we finde small question of Religion moved within this Realm ; yet in the time of King Iames the fourth , in the sixth yeer of his Reign , and in the twenty two yeer of his age , which was in the yeer of God 1494. were summoned before the King and his great Counsell , by Robert Blacater , called , Archbishop of Glasgow : The number of thirty persons remaining , some in Kyle St●wart , some in Kingstyle , and some in Cunninghame : Among whom were George Campbell of Cesnok , Adam Reade of Barskyning , Iohn Campbell of Newmyls , Andrew Schaw of Polkemac , Helene Chalmer , Lady Pokellie , Isabelle Chambers , Lady Stairs . These were called the Lollards of Kyle , they were accused of the Articles following , as we have received them out of the Register of Glasgow . 1. First , ●hat Images are not to be had in the Kyrk , nor to be worshipped . 2. That the Reliques of Saints are not to be worshipped . 3. That Laws & Ordinances of men , vary from time to time , and that by the Pope . 4. That it is not lawfull to fight for the Faith , nor to defend the Faith by the Sword , if we be not driven to it by necessity , which is above all Law. 5. That Christ gave power to Peter , as also to the other Apostles , and not to the Pope his pretended Successour , to binde and loose within the Kyrk . 6. That Christ ordained no Priests to consecrate as they do in the Romish Church , these many yeers . 7. That after the Consecration in the Masse , there remains Bread , and that there is not the naturall Body of Christ. 8. That Tythes ought not to be given to Ecclesiasticall men , as they were then called , to wit , wholly , but a part to the poor , widow , or orphans , & other pious uses . 9. That Christ at his coming hath taken away power from Kings to judge . This Article we doubt not to be the venomous accusation of the enemies , whose practise hath ever been to make the doctrine of Jesus Christ suspect to Kings and Rulers : As if God thereby would deprive them of their Royall Seats ; While on the contrary nothing confirms the power of Magistrates more then doth Gods Truth . But to the Articles . 10. That every faithfull man and women is a Priest , in that sence that they are called by the Apostle Saint Iohn , Apoc. 1.6.5.10.20.6 . 11. That the Unction of Kings , ceased at the coming of Christ ; and truely it was but late since Kings were anointed , namely in Scotland , for Edgar was the first anointed King in Scotland , about the yeer 1100. 12. That the Pope is not the successour of Peter , but where he said , Go behinde me Satan . 13. That the Pope deceives the people by his Buls , and his Indulgences . 14. That the Masse profiteth not the souls , who in those dayes were said to be in Purgatory . 15. That the Pope and the Bishops deceive the people by their Pardons . 16. That Indulgences ought not to be granted to fight against the Saracens . 17. That the Pope exalts himself against God , and above God. 18. That the Pope cannot remit the pains of Purgatory . 19. That the blessings of the Bishops ( of dumb Dogs they should have been stiled ) are of no value . 20. That the Excommunication of the Kyrk is not to be feared , if there be no true cause for it . 21. That in no case it is lawfull to swear , to wit , idly , rashly , and in vain . 22. That Priests may have wives , according to the constitution of the Law , and of the Primitive Christian Church . 23. That true Christians receive the body of Iesus Christ every day by Faith. 24. That after Matrimony be contracted , and consummate ; the Kyrk may make no Divorcement . 25. That Excommunication bindes not , if unjust . 26. That the Pope forgives not sins , but onely God. 27. That Faith should not be given to Miracles , to such namely as the Romish were then , and are to this day . 28. That we should not pray to the glorious Virgin Mary , but to God onely , since he onely hears us , and can help us . 29. That we are no more bound to pray in the Kyrk then in other places * . 30. That we are not bound to beleeve all that Doctors of the Kirk have written . 31. That such as worship the Sacrament in the Kyrk ( we suppose the Sacrament of the Altar ) commits Idolatry . 32. That the Pope is the head of the Kirk of Antichrist . 33. That the Pope and his Ministers are murtherers of souls . 34. That they which are called Princes and Prelates in the Church , are Theeves , and Robbers . By these Articles which God of his mercifull providence caused the enemies of his truth to keep in their registers , may appear how mercifully God hath looked upon this Realm , retaining within it some spark of his lyght , even in the time of greatest darknesse . Neither ought any man to wonder , albeit that some things be obscurely , and some things doubtfully spoken . But rather ought all faithfull to magnifie Gods mercy , who without publike Doctrine gave so great light . And further , we ought to consider that seeing that the enemies of Jesus Christ gathered the foresaid Articles , thereupon to accuse the persons aforesaid , that they would deprave the meaning of Gods servants so far as they could ; as we doubt not but they have done , in the heads of Excommunication * , Swearing * , and of Matrimony * : In the which it is no doubt but the servants of God did damne the abuse only , and not the right Ordinance of God : for who knows not that the Excommunication in these dayes was altogether abused ? That Swearing aboundeth without punishment or remorse of conscience : And that Divorcements was made , for such causes as worldly men had invented . But to our History . Albeit that the accusation of the Bishop and of his Complices was very grievous , yet God so assisted his servants , partly by inclining the Kings heart to gentlenesse ( for divers of them were his great familiars ) and partly by giving bold and godly answers to their Accusators ; that the enemies in the end we●e frustrate of their purpose . For while the Bishop in mockage said to Ad●m Reade of Barskeiming ; Reade , beleeve ye that God is in heaven ? He answered ; Not as I do the Sacraments seven : Whereat the Bishop thinking to have triumphed , said ; Sir , lo , he denies that God is in heaven ? Whereat the King wondring , said ; Adam Reade ! What say ye ? The other answered ; Pleaseth your Majesty to hear the end betwixt the churle and me : and therewith he turned to the Bishop and said ; I neither think nor beleeve , as thou thinkest that God is in heaven ; but I am most assured , that he is not onely in heaven , but also in the earth : But thou and thy faction declare by your works , that either ye think there is no God at all , or else that he is so set up in heaven , that he regards not what is done upon the earth : for if thou firmly beleevedst that God were in the heaven , thou shouldest not make thy self check-mate to the King , and altogether forget the charge that Jesus Christ the Son of God gave to his Apostles , which was , To Preach his Gospel , and not to play the proud Prelates , as all the rabble of you do this day : And now , Sir , said he to the King , judge ye , whether the Bishop or I beleeve best that God is in heaven . While the Bishop and his band could not well revenge themselves , and while many taunts were given them in their teeth . The King willing to put an end to further reasoning , said to the said Adam Reade ; Wilt thou burn thy bill ? He answered ; Sir , the Bishop and ye will. With these and the like scoffs , the Bishop and his band were so dashed out of countenance , that the greatest part of accusation was turned to laughter . After that Diet , we finde almost no question for matters of Religion , the space neer of thirty yeers ; for not long after , to wit , in the yeer of God 1500. the said Bishop Blaktar departed this life , going in his superstitious devotion to Ierusalem : Unto whom succeeded Master Iames Betone , son to the Laird of Balfor in Fife , who was more carefull of the world , then he was to Preach Christ , or yet to advance any Religion , but for the fashion onely , and as he sought the world it fled him not : For it was well known that at once he was Archbishop of Saint Andrews , Abbot of Dunfermeling , Aberbrothe , Kylwinning , and Chancellour of Scotland : For after the unhappy field of Flowdonne , in the which perished King Iames the fourth , with the greatest part of the Nobility of the Realm , the said Betonne with the rest of the Prelates , had the whole Regiment of the Realm . And by reason thereof held and travelled to hold the truth of God in thraldome and bondage , till that it pleased God of his great mercy in the yeer of God 1527. to raise up his servant Master Patrick Hammilton , at whom our History doth begin : Of whose progenie , life , and erudition , because men of fame and renown have in divers works written ; we omit all curious repetition , sending such as would know further of him then we write to Francis Lambert , Iohn Frith , and to that notable work lately set forth by Iohn Fox , English man , of the lives and deaths of Martyrs within this Isle in this our age . This servant of God Master Patrick Hamilton , being in his youth provided to reasonable honours and living ( he was intituled Abbot of Fern ) as one hating the world and the vanitie thereof , left Scotland , and passed to the Schools in Germany ; for then the fame of the Universitie of Wittenberg was greatly divulgate in all Countreys : where by Gods providence he became familar with those lights and notable servants of Christ Jesus of that time , Martin Luther , Philip Melancthon , and the said Francis Lambert , did so grow and advance in godly knowledge , joyned with fervencie and integrity of life , that he was in admiration with many . The zeal of Gods glory did so eat him up , that he could not long continue to remain there , but returned to his countrey where the bright beams of the true light , which by Gods grace was planted in his heart , began most abundantly to burst forth , as well in publike as in secret ; for he was ( besides his godly knowledge ) well learned in Phylosophie , he abhorred Sophistrie , and would that the Text of Aristotle should have been better understood , and more used in the Schools than then it was ; for Sophistrie had corrupted all , as well in Divinitie , as in humanitie . In short processe of time , the fame of his reasons and Doctrine troubled the Clergie , and came to the ears of Bishop Iames Betonne , of whom before we have made mention , who being a conjured enemy to Christ Jesus , and one that long hath had the whole regiment of this Realm , bare impatiently that any trouble should be made to the Kingdom of darknesse , whereof within this Realm he was the head . And therefore he so travelled with the said Master Patrike that he gat him to Saint Andrews , where after the conference of divers dayes he had his freedom and liberty . The said Bishop and his bloody Butchers , called Doctours , seemed to approve his Doctrine , and to grant that many things craved Reformation in the Ecclesiasticall regiment . And amongst the rest , there was one that secretly consented with him almost in all things , named , Frier Alexander Campbell , a man of good wit and learning , but yet corrupt by the world , as after we will hear : when the Bishops and Clergie had fully understood the minde and judgement of the said Master Patrick , and fearing that by him their kingdom should be endamaged , they travailed with the King , who then was young , and altogether addict to their commandment , that he should passe in Pilgrimage to Saint Dothesse in Rosse , to the end that no intercession should be made for the life of the innocent servant of God , who suspecting no such cruelty as in their hearts was conceived , remained still , ( a lambe amongst the wolves ) till that upon a night he was intercepted in his chamber , and by the Bishops Band was caried to the Castle , where that night he was kept , and upon the morrow after brought forth to Judgement , he was condemned to die by fire for the testimony of Gods Truth . The Articles for the which he suffered , were but of Pilgrimage , Purgatory , prayer to Saints , and for the dead , and such trifles . Albeit that matters of greater importance had been in question , as his Treatise which in the end we have added , may witnesse . Now that the condemnation of the said M. Patrike should have greater Authority , they caused the same to be subscribed by all those of any estimation that with them were present ; and to make their number great , they took the subscription of children , if they were of the Nobility ; for the Earle of Cassilles , which last deceased in France , then being but twelve or thirteene yeers of age , was compelled to subscribe his death , as himself did confesse . Immediately after dinner the fire was prepared before the old Colledge , and he led to the place of Execution , and yet men supposed that all was done but to give nnto him terrour , and to have caused him to have recanted , and have become recreant to those bloodie beasts ; but God for his own glory ; for the comfort of his servant , and for manifestation of their beastly tyrannie , had otherwise decreed ; for he ●o strengthned his faithfull Witnesse , that neither the love of life , nor yet the fear of that cruell death , could move him a jote to swerve from the truth once professed . At the place of execution , he gave to his servant who had been chamberlain to him of a long time , his Gown , his Coat , Bonnet , and such like garments , saying , These will not profit in the fire , they will profit thee ; after this , of me thou canst receive no commoditie , except the example of my death , which I pray thee bear in minde , for albeit it be bitter to the flesh ▪ and fearfull before men , yet is it the entrance unto eternall life , which none shall possesse that denies Christ Jesus before this wicked generation . The innocent servant of God being bound to the stake , in the midst of some coales , some timber , and other matter appointed for the fire , a traine of powder was made , and set on fire , which gave to the blessed Martyr of God , a blaise , and scorched his left hand and that side of his face , but neither kindled the wood nor yet the coales , and so remained the appointed to death in torment , till that men ran to the Castle again for more Powder , and fire wood more able to take fire , which at last being kindled , with loud voice , cried ; Lord Iesus receive my spirit ; How long shall darknesse overwhelm this Realme ? And how long wilt thou suffer this tyrannie of men ? The fire was slow , and therefore was his torment the more : But most of all was he grieved by certain wicked men , amongst whom Campbel the black Frier ( of whom we spake before ) was principall , who continually cryed , Convert Heretick , Call upon our Lady , say , Salve Regina , &c. To whom he answered , Depart , and trouble me not , thou messenger of Satan . But while that the aforesaid Frier still roared , one thing in great vehemence he said unto him ; Wicked man , thou knowest the contrary , and the contrary to me thou hast confessed ; I appeale thee before the tribunall seat of Christ Iesus . After which , and other words , which well could not be understood nor marked because of the tumult , and vehemencie of the fire . The witnesse of Jesus Christ gate victory , after long sufferance , the last of February , in the yeere of God 1527. The said Frier departed this life within few dayes after , in what estate , we referre to the manifestation of the generall Day . But it was plainly known , that he died in Glasgow in a phrenzie , and as one despaired . Now that all men may understand what was the singular erudition , and godly knowledge of the said M. Patrike Hamilton , we have inserted this his little pithie Work , containing his Assertions and Determinations , concerning the Law , the Office of the same ; concerning Faith , and the true Fruits thereof ; first by the said Master Patrike collected in Latine , and after translated into vulgar Language . Of the Law. THe Law is a Doctrine that biddeth good , and forbiddeth evill , as the Commandments here contained do specifie . The ten Commandments . THou shalt worship but one God. 2. Thou shalt make thee no Image to worship it . 3. Thou shalt not swear by his Name in vain . 4. Hold the Sabbath day holy . 5. Honour thy father and thy mother . 6. Thou shalt not kill . 7. Thou shalt not commit adultery . 8. Thou shalt not steal . 9. Thou shalt bear no false witnesse . 10. Thou shalt not desire ought that belongeth to thy neighbour . He that loveth God and his neighbour , keepeth all the Commandments of God. Love the Lord thy God with all thine heart , with all thy soul , and with all thy minde : this is the first and great Commandment . The second is like unto this , Love thy neighbour as thy self ; in these two Commandments hang all the Law and Prophets . He that loveth God , loveth his neighbour : If any man say , I love God , and yet hateth his neighbour , he is a lyer : He that loveth not his brother whom he hath seen , how can he love God whom he hath not seen ? He that loveth his neighbour as himselfe , keepeth the whole Commandments of God. Whatsoever ye wovld that men should do unto you , even so do unto them , for this is the Law and the Prophets . He that loveth his neighbour , fulfilleth the Law ; Thou shalt not commit adultery , Thou shalt not kill , Thou shalt not steal , Thou shalt not bear false witnesse against thy neighbour , Thou shalt not desire , and so forth ? If there be any other Commandment , all are comprehended under this saying , Love thy neighbour as thy self . He that loveth his neighbour , keepeth all the Commandments of God , Rom. 13. Gal. 5. He that loveth God , loveth his neighbour , 1 Joh. 4. Ergo , He that loveth God , keepeth all his Commandments . He that hath the faith , loveth God ; My Father loveth you , because ye love me , and believe that I came of God. He that hath the faith , keepeth all the Commandments of God ; he that hath the faith , loveth God , and he that loveth God , keepeth all the Commandments of God. Ergo , He that hath faith , keepeth all the Commandments of God. He that keepeth one Commandment , keepeth them all . For without faith it is impossible to keep any of the Commandments of God ; and he that hath faith , keepeth all the Commandments of God. Ergo , He that keepeth one Commandment of God , keepeth them all . He that keepeth not all the Commandments of God , he keepeth none of them ; he that keepeth one of the Commandments of God , he keepeth all : Ergo , He that keepeth not all the Commandments , he keepeth none of them . It is not in our power without grace to keep any of Gods Commandments . Without grace it is impossible to keep one of Gods Commandments , and grace is not in our power . Ergo , It is not in our power to keep any of the Commandments of God. Even so may you reason concerning the holy Ghost and faith . The Law was given us to shew us our sin . By the Law cometh the knowledge of sin ; I knew not what sin meant , but through the Law. I knew not what lust had meant , except the Law had said , Thou shalt not lust . Without the Law sin was dead , that is , It moved me not , neither wist I that it was sin , which notwithstanding was sin , and forbidden by the Law. The Law biddeth us do that which is impossible for us ; for it bids us keep all the Commandments of God , and yet it is not in our power to keep any of them . Ergo , It biddeth us do that which is impossible for us . Thou wilt say , Wherefore doth God command us that which is impossible for us ? I answer , To make thee know , That thou art but evill , and that there is no remedy to save thee in thine own hand ; and that thou maist seek remedy at at some other : For the Law doth nothing but command thee . Of the Gospel . THe Gospel is as much to say in our Tongue , as good Tydings , like as every one of these Sentences be . Christ is the Saviour of the world . Christ is our Saviour . Christ died for us . Christ died for our sins . Christ offered himself for us . Christ bare our sins upon his back . Christ bought us with his Blood. Christ washt us with his Blood. Christ came into the world to save sinners . Christ came into this world to take away our sins . Christ was the Price that was given for us and our sins . Christ was made Debtor for our sins . Christ hath paid our Debt , for he died for us . Christ hath made satisfaction for us , and for our sins . Christ is our Righteousnesse . Christ is our Wisedom . Christ is our Sanctification . Christ is our Redemption . Christ is our Satisfaction . Christ is our Goodnesse . Christ hath pacified the Father of Heaven . Christ is Ours , and all His. Christ hath delivered us from the Law , from the devill , and hell . The Father of heaven hath forgiven us for Christs sake . Or any such other as declare unto us the mercies of God. The nature of the Law , and of the Gospel . The Law Sheweth us our sin . Sheweth us our condemnation . Is the word of ire . Is the word of despair . Is the word of displeasure . The Gospel Sheweth us a remedy for it . Sheweth us our Redemption . Is the Word of Grace . Is the Word of Comfort . Is the Word of Peace . A Disputation betwixt the Law and the Gospel . The Law saith , Pay thy Debt . Thou art a desperate sinner . Thou shalt die . The Gospel saith , Christ hath paid it . Thy sins are forgiven thee . Be of good comfort , thou art saved . The Law saith , Make amends for thy sin . The Father of heaven is wrath with thee . Where is thy righteousnesse , goodnesse and satisfaction ? Thou art bound and obliged unto me , the devil and hell . The Gospel saith , Christ hath made it for thee . Christ hath pacified him with his Blood. Christ is thy righteousnesse , goodnesse , & satisfaction . Christ hath delivered thee from them all . Of Faith. FAith is to believe God , like as Abraham believed God , and it was counted to him for righteousnesse . He that believed God , believed his Word . To believe in him , is to believe his Word , and accompt it true that he speaketh : he that believeth not Gods Word , he compteth him false , and a lyar , and believeth not that he may and will fulfill his Word , and so he denieth both the might of God , and himself . Faith is the gift of God : Every good thing is the gift of God. Faith is good ; Ergo , Faith is the gift of God ; The gift of God is not in our power : Faith is the gift of God , Ergo , Faith is not in our power . Without faith it is impossible to please God ; all that cometh not of faith , is sin ; for without faith , can no man please God. Besides that , he that lacketh faith , he trusteth not God ; he that trusteth not God , trusteth not in his Word ; he that trusteth not in his Word , holdeth him false , and a lyar ; he that holdeth him false and a lyar , he believeth not that he may do that he promiseth , and so denieth he that he is God : O how can a man , being of this fashion , please God! No manner of wayes , yea suppose he did all the works of man and Angel. All that is done in faith , pleaseth God. Right is the Word of God , and all his works in faith : Lord thine eyes look to faith ; that is as much to say , as , Lord thou delightest in faith : God loveth him that believeth in him , how can they then displease him ? He who hath faith , is just and good , and a good tree bringeth forth good fruit . Ergo , all that is done in faith , pleaseth God. Moreover , he that hath faith , beleeveth God ; he that believeth God , believeth his Word ; he that believeth his Word , wotteth well that he is true and faithfull , and cannot lie ; but knoweth well that he both may and will fulfill his Word . How can he then displease him ? For thou canst do no greater honour unto God , than to count him true . Thou wilt then say , That theft , murder , adultery , and all vices please God : No verily , for they cannot be done in faith ; for a good tree beareth good fruit . He that hath faith , wotteth well that he pleaseth God ; for all that is done in faith , pleaseth God ; faith is a surenesse : Faith is a sure confidence of things which are hoped for , and a certainty of things which are not seen : The same spirit certifieth our spirit , that we are the children of God. Moreover , he that hath the faith , wotteth well that God will fulfill his Word : Ergo , faith is a surenesse . A man justified by faith . ABraham believed God , and it was imputed to him for righteousnesse ; we suppose therefore that a man is justified ( saith the Apostle ) without the works of the Law. He that worketh not , but believeth in him that justifieth the ungodly , his faith is counted unto him for righteousnesse . The just man liveth by faith , Abac. 2. Rom. 1. We know that a man that is justified , is not justified by the works of the Law , but by the faith of Jesus Christ , and not by the deeds of the Law. Of the faith of Christ. THe faith of Christ is , To believe in him , that is , To believe in his Word , and to believe that he will help thee in all thy need , and deliver thee from all evill . Thou wilt ask me , What Word ? I answer , The Gospel : he that believeth in Christ , shall be saved . He that believeth the son , hath everlasting life ; Verily verily I say unto you , He that believeth in me , hath everlasting life . This I write unto you , that believing in the Name of the Son of God , ye may know that ye have eternall life . Thomas , because thou hast seen me , thou believest , but happy are they that have not seen , and yet believe in me . All the Prophets to him bear witnesse , That whosoever believeth in him , shall have remission of their sins . What must I do that I may be saved ? the Apostle answereth , Believe in the Lord Iesus Christ , and thou shalt be saved . If thou acknowledge with thy mouth that Jesus is the Lord , and believe in thine heart , That God raised him up from the dead , thou shalt be safe . He that believeth not in Christ , shall be condemned . He that believeth not the son , shall never see life , but the ire of God abideth upon him . The holy Ghost shal reprove the world of sin , because ( saith Christ ) they believe not in me . They that believe in Jesus Christ , are sons of God. Ye are all the sons of God , because ye believe in Jesus Christ. He that believeth in Christ the son of God , is safe . Peter said , Thou art Christ the son of the living God. Jesus answered and said unto him , Happy art thou , Simon the son of Ionas , for flesh and blood hath not opened unto thee that , but my father which is in heaven . We have believed and known that thou art Christ , the son of the living God. I believe that thou art Christ the son of the living God , which should come into the world . These things are written that ye might believe that Jesus Christ is the son of God , and that in believing ye might have life . I believe that Jesus is the son of the living God. He that believeth God , believeth the Gospel . He that believeth God , believeth his Word , and the Gospel is his Word . Therefore he that believeth God , believeth his Gospel . As Christ is the Saviour of the world , Christ is our Saviour ; Christ bought us with his Blood , Christ washed us with his Blood , Christ offered himself for us , Christ bare our sins upon his back . He that believeth not the Gospel , believeth not God ; he that believeth not Gods Word , believeth not himself ; and the Gospel is Gods Word . Ergo , He that believeth not the Gospel , believeth not God himself . And consequently , they that believe not , as is above written , and such other , believe not God. He that believeth the Gospel shall be saved ; Go ye into all the world , and preach the Gospel unto every creature , he that believeth and is baptized , shall be saved ; but he that believeth not , shall be condemned . A Comparison betwixt Faith and Incredulity . Faith Is the root of all good , Maketh God and man friends , Bringeth God and man together . Incredulity Is the root of all evill , Maketh them deadly foes , Bringeth them asunder . All that proceedeth from Faith , pleaseth God. All that proceedeth from Incredulity , displeaseth God. Faith onely maketh a man good and righteous , Incredulity maketh him unjust and evill . Faith onely maketh a man The Member of Christ , The Inheritor of heaven . The Servant of God. Faith sheweth God to be a sweet Father . holdeth stiffe by the word of God. counteth God to be true . knoweth God. loveth God and his neighbour . onely saveth . extolleth God and his works . Incredulitie maketh man a member of the devill . maketh him inheritour of hell . maketh him the servant of the devill . maketh God a terrible Judge . causeth man wander here and there . maketh him false and a liar . knoweth him not . loveth neither God nor neighbour . onely condemneth . extolleth flesh and her own deeds . Of Hope . HOpe is a trustie looking for of things that are promised to come unto us , as we hope the everlasting joy which Christ hath promised unto all that beleeve in him ; we should put our hope and trust in God onely , and in no other thing . It is good to trust in God , and not in man. He that trusteth in his own heart , he is a fool ; It is good to trust in God , and not in Princes : They shall be like unto Images that make them , and all that trust in them : He that trusteth in his own thoughts doth ungodly : Cursed be he that trusteth in man : Bid the rich men of this world that they trust not in their unstable riches , but that they trust in the liv●ng God : It is hard for them that trust in money to enter into the kingdom of God. Moreover , we should trust in him surely , that can help us , yea we should trust in him onely . Well is him that trusteth in God , and wo to them that trust him not . Well is the man that trusteth in God , for God shall be his trust : He that trusteth in him shall understand the truth . They shall all rejoyce that trust in thee , they shall all ever be glad , and thou wilt defend them . Of Charitie . CHaritie is the love of thy neighbour : The rule of Charity is , To do as thou wouldest were done unto thee ; for Charitie esteemeth all alike , the rich and the poor , the friend and the foe , the thankfull and unthankfull , the kinsman and stranger . A comparison betwixt Faith , Hope , and Charitie . FAith cometh of the word of God : Hope , cometh of Faith ; And Charity springeth of them both : Faith beleeves the word ; Hope trusteth after that which is promised by the word ; and Charity doth good unto her neighbour , through the love that she hath to God , and gladnesse that is within her self . Faith looketh to God and his word : Hope looketh unto his gi●t and reward Charity looketh unto her neighbours profit ; Faith receiveth God. Hope receiveth his reward : Charity looketh unto her neighbour with a glad heart , and that without any respect of reward . Faith pertaineth to God onely ; Hope to his reward ; and Charity to her neighbour . Of good Works . NO manner of works make us righteous : We beleeve that a man shall be justified without works . No man is justified by the deeds of the Law , but by the Faith of Jesus Christ ; and we beleeve in Jesus Christ , that we may be justified by the Faith of Christ , and not by the deeds of the Law. If righteousnesse come by the Law , then Christ died in vain : That no man is justified by the Law , it is manifest , for a righteous man liveth by his Faith ; but the Law is not of Faith. Moreover , since Christ the maker of heaven and earth ; and all that therein is , behoved to die for us : We are compelled to grant , that we were so far drowned in sins , that neither the deeds , nor all the creatnres that ever God made or might make , might help us out of them : Ergo , No deeds nor works can make us righteous : No works make us unrighteous ; for if any work made us unrighteous , then the contrary works would make us righteous . But it is proved that no works can make us righteous ; Ergo , No works make us unrighteous . Works make us neither good nor evil . IT is proved that works neither make us righteous nor unrighteous . Ergo , No works neither make us good nor evil ; for righteous and good are one thing , and unrighteous and evil , another . Good works make not a good man , nor evil works an evil man. But a good man maketh good works , and an evil man evil works ; good fruit maketh not the tree good , nor evil fruit the tree evil . But a good tree beareth good fruit , and an evil tree evil fruit . A good man cannot do evil works , nor an evil man good works , for an evil tree cannot bear good fruit , nor a good tree evil fruit . A good man is good before he do good works , and an evil man is evil before he do evil works ; for the tree is good before it bear good fruit , and evil before it bear evil fruit . Every man is either good or evil ; either make the tree good , and the fruit good also ; or else make the tree evil , and the fruit likewise evil . Every mans work is either good or evil ; for all fruit is either good or evil . Either make the tree good and the fruit also , or else make the tree evil , and the fruit of it likewise evil . A good man is known by his works , for a good man doth good works , and an evil , evil works : Ye shall know them by their fruits : for a good tree bringeth forth good fruit , and an evil tree evil fruit . A man is likened to the tree , and his works to the fruit of , the tree . Beware of false Prophets which come unto you in sheeps cloathing , but inwardly they are ravening wolves : ye shall know them by their fruit . None of our works either save us nor condemne us . IT is proved that no works make us either righteous or unrighteous , good or evil : but first we are good , before that we do good works and evil before we do evil works : Ergo , No work either saveth us nor condemneth us . Thou wilt say ▪ Then maketh it no matter what we do ? I answer thee ; Yes . For if thou do evil , it is a sure argument that thou art evil , and wantest Faith : If thou do good , it is an argument that thou art good , and hast Faith ; for a good tree beareth good fruit , and an evil tree evil fruit . Yet good fruit maketh not the tree good , nor evil fruit the tree evil : So that man is good before he do good works , and evil before he do evil works . The man is the tree ; the works are the fruit . Faith maketh the good tree ; Incredulity the evil tree : Such a tree such a fruit , such man works . For all that is done in Faith pleaseth God , and are good works : And all that is done without Faith displeaseth God , and are evil works . Whosoever thinketh to be saved by his works , denieth that Christ is our Saviour , and that Christ died for him ; and finally all things that belongeth to Christ. For how is he thy Saviour , if thou mightst save thy self with thy works ? Or to what end should he have died for thee , if any works of thine might have saved thee ? What , is this to say Christ died for thee ? Is it not that thou shouldst have died perpetually , and that Christ to deliver thee from death died for thee , and changed thy perpetuall death into his own death ? for thou madest the fault , and he suffered the pain , and that for the love he had to thee , before ever thou wast born , when thou hadst done neither good nor evil . Now since he hath paid thy debt , thou diest not , no thou canst not , but shouldest have been damned , if his death were not . But since he was punished for thee thou shalt not be punished . Finally , he hath delivered thee from condemnation , and desireth nothing of thee , but that thou shouldest acknowledge what he hath done for thee , and bear it in minde ; and that thou wouldest help others for his sake both in word and deed , even as he hath helped thee , for nought , and without reward . O how ready would we be to help others , if we knew his goodnesse and gentlenesse towards us ? he is a good and a gentle Lord , and he doth all things for nought . Let us , I beseech you , follow his footsteps , whom all the world ought to praise and worship . Amen . He that thinketh to be saved by his works , calleth himself Christ. FOr he calleth himselfe a Saviour , which appertaineth to Christ onely . What is a Saviour ? But he that saveth . And thou sayest , I save my selfe , which is as much to say , as , I am Christ ; for Christ is onely the Saviour of the world . We should do no good works to the intent to get the inheritance of heaven or remission of sins through them . For whosoever beleeveth to get the inheritance of heaven , or remission of sins through works , he beleeveth not to get that for Christs sake . And they who beleeve that their sins are not forgiven them , and that they shall not be saved for Christs sake , they beleeve not the Gospel ; for the Gospel saith . Thou shalt be saved for Christs sake ; Sins are forgiven you for Christs sake . He that beleeveth not the Gospel , beleeveth not God : And consequently , they that beleeve to be saved by their works , or to get remission of sins by their own deeds , beleeve not God , but account him a liar , and so utterly deny him to be God. Thou wilt say , Shall we then do no good works ? I say not so : But I say , we should do no good works , to the intent to get the kingdom of heaven , or remission of sins ; for if we beleeve to get the inheritance of heaven through good works , then we beleeve not to get it through the promise of God. Or if we think to get remission of our sins , by good works , we believe not that they are forgiven us by Christ , and so we count God a liar ; for God saith , Thou shalt have the inheritance of heaven for my Sons sake . You say , It is not so , but I will gain it through mine own works . So I condemn not good works , but I condemn the false trust in any works , for all then works that a man putteth confidence in , are therewith intoxicate or impoysoned , and become evil . Wherefore do good works , but beware thou do them not to get any good through them , for if thou do , thou receivest the good , not as the gift of God , but as a debt unto thee , and makest thy self fellow with God , because thou wilt take nothing from him for nought . What ? needeth he any thing of thine , who giveth all things , and is not the poorer ? Therefore do nothing to him , but take of him , for he is a gentle Lord , and with a gladder heart will give us all things that we need , then we take it of him . So that if we want any thing , let us blame our selves . Presse not then to the inheritance of heaven , through presumption of thy good works ; for if thou doest , thou countest thy self holy and equall unto him , because thou wilt take nothing of him for nought ; And so shalt thou fall as Lucifer fell from heaven for his pride . Thus ends M. Patricks Articles . And so we return to our History . When those cruell wolves had ( as they supposed ) clean devoured the prey , they found themselves in worse case then they were before ; for then within S. Andrews , yea , almost within the whole Realm ( who heard of that fact ) there was none found who began not to inquire , wherefore M. Patrike Hamilton was burnt , and when his Articles were rehearsed , Question was holden , if such Articles were necessary to be beleeved , under the pain of damnation . And so within short space , many began to call in doubt , that which before they held for a certain verity , insomuch that the University of S. Andrews and S. Leonards Colledge , principally by the labours of Master Gawin Logy , the Novises of the Abbey , and by the sub-Prior , began to smell somewhat of the verity , and to espie the vanity of the received Superstition ; yea , within few yeers after began both black and gray Friers publikely to Preach against the pride and idle life of Bishops , and against the abuses of the whole Ecclesi●sticall estate ; amongst whom was one called Will. Arith● ; who in a Sermon preached in Dundie , spake somewhat more liberally against the licentious life of the Bishops , then they could well bear . He spake further against the abuse of cursing and of Miracles . The Bishop of Brechain , having his Parasites and Jack-men in the Towne , buffeted the Frier , and called him Hereticke . The Frier impatient of the injury received , past to S. Andrews , and did communicate the heads of his Sermon with Master Iohn Mair , whose word then was holden as an Oracle , in matters of Religion ; and being assured of him , than such Doctrine might well be defended , and that he would defend it , for it contained no Heresie . There was one day appointed to the said Frier , to make repetition of the same Sermon : and advertisement was given to all such as was offended at the former , to be present . And so in the Parish Church of S. Andrews upon the day appointed ▪ appeared the said Frier , and had amongst his Auditors , M. Iohn Mair , M. George Lockart , the Abbot of Gambuskeneth , M. Patricke Hepburn Prior of Saint Andrews , with all the Doctours , and Masters of the Universities . The theme of his Sermon was ; Verity is the strongest of all things . His discourse of cursing was ▪ That if it were warily used , it were the most fearfull thing upon the face of the earth ; for it were the very separation of man from God ; but that it should not be used rashly , and for every light cause , but onely against open and incorrigible sinners : but now ; said he , the avarice of Priests , and the ignorance of their Office , hath caused it altogether to be vile-pended . For the Priest ( saith he ) whose Duty and Office is to pray for the people , standeth up on Sunday , and cryeth , Anne has lost her Spindle ; There is a Flail stollen behinde the barne ; The goodwife on the other side of the gate hath lost a horne spoon ; Gods curse and mine I give to them that knoweth of thy goods , and restoreth them not . How the people mocked their cursing , he further told a merry tale , How after a Sermon that he made at Dumfermeling , he came to a house where gossips were drinking their Sundayes penny ; and he being drie , asked drink ; Yes Father ( said one of the gossips ) ye shall have drinke , but ye must first resolve one doubt which is risen among us , to wit , What servant will serve a man best at least expences ? The good Angel , said I , who is mans keeper , who maketh good service without expences . Tush , said the gossip , we mean no such high matters ; we mean , What honest man will do greatest service for least expences . And while I was musing ( said the Frier ) what that should mean , she said , I see , father , that the greatest Clerks are not the wisest men . Know ye not how the Bishops and their Officials serve us husbandmen , Will they not give to us a letter of cursing for a plack , to last for a yeare , to curse all that look over our ditch , and that keep our Corne better nor the sleeping boy that will have three shillings of Fee , a shirt , and a pair of shooes in the yeer . And therefore if their cursing do any thing , we hold the Bishops the cheapest servants in that behalf , that are within the Realme . As concerning Miracles , he declared what deligence the ancients took to try true miracles from false . But now , said he , the greedinesse of Priests not onely receive false miracles , but also they cherish and hire knaves for that purpose , that their Chappels may be the better renowned , and Offerings may be augmented . And thereupon are many Chappels founded , as that if our Lady were mightier , and that she took more pleasure in one place than in another ; As of late dayes our Lady of Karsgreng hath hopped from one green hillock to another : But honest men of Saint Andrewes ( said he ) if ye love your wives and daughters , hold them at home , or else send them in good honest company ; for if ye knew what miracles were wrought there , ye would neither thank God nor our Lady . And thus he meerly tanted their Priests of whoredome and adultery used at such devotion . Another Article was judged more hard ; for he alleadged the common Law , That the Civill Magistrate might correct the Church-men , and deprive them of their Benefices for open vices . Another day the same Frier made another Sermon of the Abbot of Unreason , unto whom , and whose Laws ; he compareth Prelats of that age ; for they were subject to no Laws , no more than was the Abbot of Unreason . And among other things , he told such a merry jest : There was , said he , a Prelate , or at least a Prelats Peere , a true servant to the King of Love , who upon a night after Supper , asked of his Gentlemen , by the faith that they ought to the king of Love , that they truely declare how many sundry women every one of them had , and how many of them were mens wives . One answered , He had lien with five , and two of them were married . The other answered , I have had seven , and three of them are married . It came last to my Lord Abbot himself , who making it very nice for a little space , gave in the end a plain confession , and said , I am the youngest man , and yet have I had the round dozen , and seven of them are mens wives . Now said the Frier , This god and king of Love , to whom our Prelates do homage , is the master devill of hell , from whom such fruits and works do proceed . This Frier was known by his proper tokens to have been Prior Patrike Hepburne , now Bishop of Murray , who to this day hath continued in the profession that he hath made to his god and king of love . It was supposed , notwithstanding this kinde of preaching , that this Frier remained Papist in his heart : For the other Friers fearing to lose the Benediction of the Bishops , to wit , Their Malt and their Meale , and their other appointed Pensions , caused the said Frier to flie to England , where for defence of the people and Papistry , he was cast into prison at King Henries commandment . But so it pleased God to open the mouth of Balaams own Asse to cry out against the vitious lives of the Clergie of that age . Shortly after this , new consultation was taken there that some should be burnt ; for men began liberally to speak . A merry Gentleman named Iohn Lindsey , familiar to Bishop Iames Betonne , standing by when consultation was had , said , My Lord , If ye burne any more , except ye follow my counsell , ye will utterly destroy your selves ; if ye will burne them , let them be burnt in hollow Cellars ; for the smoke of Master Patrike Hammilton hath infected as many as it blew upon . Thus it pleased God that they should be tanted in their own face . But here followeth the most merry of all : One Alexander Furrour , who had been imprisoned seven yeers in the Tower of London , Sir Iohn Dungwaill ( according to the charity of Church-men ) entertained his wife , and wasted the poor mans substance ; for the which cause at his returning , he spake more liberally of Priests , then they could bear : And so was he declared to be accused for heresie , and called to his answer to Saint Andrewes , he leapt up merrily upon the Scaffold , and casting a gambade , said , Where are the rest of the Players ? Master Andrew Olyphant offended therewith , said , It shall be no Play to you , Sir , before ye depart , and so began to reade his Accusation ; the first Article whereof was , That he despised the Masse . His answer was , I heare more Maffes in eight dayes , than three Bishops there sitting say in a yeare . Accused secondly of the contempt of the Sacraments . The Priests , said he , were the most common contemners of Sacraments , and specially of Matrimony . And that he witnessed by many of the Priests there present , and named the mans wife with whom they had medled , and especially Sir Iohn Dungwaill , who had seven yeers together abused his own wife , and consumed his substance ; and said , because I complain of such injuries , I am here summoned and accused as one that is worthy to be burnt : For Gods sake , said he , will ye take wives of your own , that I and others whom ye have abused , may be revenged upon you . Then Bishop Gawin Dumbar , named the old Bishop of Aberdein , thinking to justifie himself before the people , said , Carle , thou shalt not know my wife . The said Alexander answered , My Lord , ye are too old , but with the grace of God I shall drink with your daughter or I depart , and thereat was smiling of the best , and loud laughter of some , for the Bishop had a daughter married with Andrew Balfour in that Town . Then the Bishop bade away with the carle . But he answered , Nay , I will not depart this hour , for I have more to speak against the vices of Priests , than I can expresse this whole day . And so after divers purposes , they commanded him to burn his Bill . And he demanding the cause , they said , Because ye have spoken these Articles whereof ye are accused . His answer was , The great devill beare them away that first and last said them ; and so he took the Bill , and chawing it , he spat it in Master Andrew Olyphants face , saying , Now burn it or drown it , whether ye wil , ye hear no more of me . But I must have somewhat of every one of you , to begin my pack againe , which a Priest and my wife , a Priests whore , have spent . And so every Prelat and rich Priest , glad to be quit of his evill , gave him somewhat , and so departed he , for he understood nothing of Religion . But so fearfull it was then to speak any thing against Priests , that the least word spoken against them , yea , albeit it was spoken in a mans sleep , was judged Heresie , and that was practised upon Richard Carmichell , yet living in Fyfe , who being young , and Singer in the Chappel Royal of Sterelin , happened in his sleep to say , The devill take away the Priests , for they are a greedy pack . He therefore accused by Sir George Clapperton , Dean of the said Chappel , was compelled forthwith to burne his Bill . But God shortly after raised up against them stronger Champions : For Alexander Seton , a black Frier , of good learning and estimation , began to blame the corrupt doctrine of Papistry . For the space of a whole Lent , he taught the Commandment onely , ever beating in the ears of his auditors , That the Law of God had of many yeers not been truely taught : for mens Tradition had obscured the purity of it . These were his accustomed Propositions ; 1. Christ Jesus is the end and perfection of the Law. 2. There is no sin , where Gods Law is not violated . 3. To satisfie for sins , lies not in mans power ; but the remission thereof cometh by unfained Repentance , and by faith apprehending God the Father mercifull in Jesus Christ his Son. While oftentimes he puts his auditors in minde of this and the like Heads ; he maketh no mention of Purgatory , Pardons , Pilgrimage , prayer to Saints , nor of such trifles . The dumb Doctors , and the rest of that forsworne rabble began to suspect him , and yet said they nothing publikely , till Lent was ended . And he passed to Dundie : And then one in his absence , hired to that purpose , openly condemned the whole Doctrine that before he had taught . Which coming to the ears of the said Frier Alexander , then being in Dundie , without delay he returned to Saint Andrewes , caused immediately to toll the Bell , and to give signification that he would preach , as that he did indeed , in the which Sermon he affirmeth ( and that more plainly than at any other time ) whatsoever in all his whole Sermons he had taught before , the whole Lent past ; adding , That within Scotland there were no true Bishops , if that Bishops should be known by such notes and vertues as S. Paul requires in Bishops . This delation flew with wings to the Bishops ears , who without further delay sent for the said Friar Alexander , who began sharply to accuse that he had so ●landerously spoken of the dignitie of Bishops , as to say , That it behoved a Bishop to be a Preacher or else he were but a dumb dog , and fed not the flock , but fed his own bellie . The man being witty , and minding that which was his most assured defence , said , My Lord ▪ The reporters of such things are manifest liars . Whereat the Bishop rejoyced , and said , Your answer pleaseth me well ; I never could think of you that ye would be so foolish as to affirm such things : Where are the knaves that have brought me this tale ? Who comparing and affirming the same that they did before , he still replyed , That they were liers . But while the witnesses were multiplied , and men were brought to attention , he turned him to the Bishop , and said , My Lord , ye may hear and consider , what ears these Asses have , who cannot discern betwixt Paul , Esay , Zachary , and Malachy , and Frier Alexander Seton . In very deed , My Lord , I said , That Paul saith , It behoveth a Bishop to be a Teacher ; Esay said , That they that fed not the flock are dumb dogs ; and Zachary saith , They are idle Pastors : I of mine own head affirmed nothing , but declared what the Spirit of God before pronounced : At whom , my Lord , if ye be not offended , justly ye cannot be offended at me . And so yet again , my Lord , I say , That they are manifest liars that reported unto you that I said , That ye and others that preach not , are no Bishops , but belly-gods . Albeit after that the Bishop was highly offended , as well at the scoffe and bitter mock , as at the bold liberty of that learned man , yet durst he not hazard for that present , to execute his malice conceived . For nought only feareth he the learning , and bold spirit of the man , but also the favour that he had , as well of the people , as of the Prince , King Iames the fifth , with whom he had good credite , for he was at that time his Confessor , and had exhorted him to the fear of God , to the meditation of Gods Law , and unto purity of life . But the said Bishop , with his complices , foreseeing what danger might come to their estate , if such familiarity should continue betwixt the Prince and a man so learned , and so repugning to their affections , laboureth by all means to make the said Frier Alexander odious unto the King , and easily found the means by the gray Friers ( who by their hypocrisie deceived many ) to traduce the innocent as an Heretick . This accusation was easily believed of the young Prince ; who being much given to the lusts of the flesh , abhorred all counsell that repugned thereto . And because he did remember what a terrour the admonitions of the said Alexander was unto his blinded conscience , without resistance he subscribed to their accusation , affirming that he knew more then they did in that matter . For he understood well enough that he smelled of the new Doctrine , by such things as he had shewed to him under Confession . And therefore he promised that he should follow the counsell of the Bishops in punishing of him , and of all others of that Sect. These things understood by the said Alexander , as well by the information of his friends and familiars , as by the strange countenance of the King unto him ; provideth the next way to avoid the fury of a misled Prince , and so in his habit he departeth the Realme ; and coming to Berwicke , wrote back again to the King his Complaint and Admonition ; The very Tenour and Copy whereof followeth , and is this . MOst gracious Soveraigne Lord , under the Lord and King of all , of whom onely thy Highnesse and Majestie hast power and authority , to exercise Justice within this thy Realme under God , who is King and Lord of all Realms , and thy Majestie , and all mortall kings are but onely servants unto that onely immortall Prince , Christ Jesus , &c. It is not , I wot , unknowne to thy gracious Highnesse , how that thy Majesties sometime servant and Orator ( and ever shall be to my lives end ) is departed out of thy Realm , unto the next adjacent of England ; neverthelesse , I believe the cause of my departing is unknown to thy gracious Majesty : Which onely is , Because the Bishops and Church-men of thy Realm have had heretofore such authority upon thy subjects , that apparently they were rather King , and thou the subject ; which unjust Regiment is of it self false , and contrary to holy Scripture , and Gods Law. Then thou art the King and Master , and they thy subjects , which is very true , and testified expresly by the Word of God. And also because they will give no man of any degree or state ( whom they often call Hereticks ) audience , time , nor place to speak and have defence , which is against all Law , both the old Law ( called the Law of Moses ) and the new Law of the Gospel . So that if I might have had audience and place to speak , and have shewed my just defence , conformable to the Law of God , I should never have fled to any other Realm , suppose it should have cost me my life . But because I believed that I should have no audience , nor place to answer ( they are so great with thy Majestie ) I departed not doubting , but moved of God , unto a better time ▪ that God illuminate thy Majestie , even to give every man audience ( is thou shouldst and mayst , and is bound by the Law of God ) who are accused to the death . And to certifie thy Highnesse that these are no vain words , but of deed and effect , here I offer me to thy Majestie to come in thy Realme again , so that thy Majestie will give me audience , and hear what I have for me of the Law of God : and cause any Bishop or Abbot , Friar or Secular , which is most cunning ( some of them cannot reade their Mattins , who are made Judges of Heresie ) to impugne me by the Law of God ; and if my part be found wrong , thy Majestie being present and Judge , I refuse no pain worthy or condigne for my fault . And if that I convince them by the Law of God , and that they have nothing to lay to my charge , but the law of man , and their own inventions to uphold their own glory and pridefull life , and daily scourging of thy poor subjects ▪ I refer my self to thy Majestie as Judge , Whether he hath the victory that holds him at the Law of God , which cannot fail , or be false , or they that holds them at the Law of man , which is very oft plain contrary , and against the Law of God ; and therefore of necessity false , and full of lies . For all things that is contrary to the veritie ( which is Christ and his Law ) is of necessity a lie . And to witnesse that this comes of all my heart , I shall remain at Berwike while I get thy Majesties answer , and shall without fail return , having thy hand write , that I may have audience , & place to speak . No more I desire of thee , whereof if I had been sure , I should never have departed ; and that thou mayst know the truth thereof , if fear of the justnesse of my Cause , or dread of persecution for the same , had moved me to depart , I could not so pleasantly revert , onely distrust was the cause of my departing . Pardon me to say that which lieth to thy Majesties charge . Thou art bound by the Law of God ( suppose they falsly lie , saying it pertaineth not to thy Majestie to intermeddle with such matters ) to cause every man in any case accused of his life , to have their just defence & their accusers produced conform to their own law . They blinde thy Matie eyes , that knows nothing of thy law : but if I prove not this out of their own law , I offer me to the death . Thy Matie therefore by experience , may daily learn ( seeing they neither fear the King of Heaven , as their lives testifie , neither thee their Naturall Prince , as their usurped power in their actions shews ) why thy Highnes should be no longer blinded . Thou maist consider that they pretend nothing else , but onely the maintenance and upholding of their barded mules , augmenting of their insatiable avarice , and continuall overthrowing and swallowing up thy poore subjects ; neither preaching nor teaching out of the Law of God ( as they should ) the rude ignorant people , but contend who may be most high , most rich , and neerest thy Majesty ; to put thy Temporal Lords and Lieges out of thy counsell and favour , who should be , and are most tender servants to thy Majesty in all time of need , to the defence of thee and thy Crown : And where they desire thy Majesty to to put out thy Temporal Lords and Lieges , because they despise their vitious life , What else intend they , but onely thy death and destruction , as thou maist easily perceive : suppose they colour their false intent and minde with the pursuit of heresie ; for when thy Barons are put downe , What art thou but the king of Land , and not of men , and then of necessity must be guided by them : and there ( no doubt ) where a blinde man is guide , must be a fall in the mire . Therefore let thy Majesty take boldnes and authority , which thou hast of God , and suffer not their cruell persecution to proceed , without audience given to him that is accused , and just place of defence : and then , no doubt , thou shalt have thy subjects hearts , and all that they can or may do in time of need , tranquility , justice , and policy , and finally , the Kingdom of the heavens . May it please you to give one Copy of this to the Clergie , and keep the Original , and thy Majestie shall have experience , if I go against one word that I have spoken . I shall daily make my hearty devotion for thy Majestie , and for the prosperity and welfare of thy body and soul. I doubt not but thy gracious Highnesse will give answer to this Letter , unto the Presenter of it unto thy Highnesse . At Berwike , by thy Highnesse servant and Orator . Sic subscribitur , Alexander Seton . This Letter was delivered to the Kings own hands , and of many read ; but what could greatly avail , where the pride and corruption of Prelats commanded what they pleased ; and the flattery of Courtiers fostered the unadvised Prince in all dissolutenesse , by which means they made him obsequious unto them . From the death of that constant Witnesse of Jesus Christ , M. Patrike Hammilton , God disclosing the wickednesse of the wicked , as before we have heard . There was one Forrest of Linlytquow taken , who after long imprisonment in the said Tower of S. Andrews was adjudged to the fire , by the ●aid Bishop Iames Betonne and his Doctors , for no other crime , but because he had a new Testament in English. Further of that History we have not , except that he died constantly , and with great patience at S. Andrews . After whose death th● flame of Persecution ceased , till the death of M. Norman Gurlaw , the space of ten yeeres , or thereabout , not that the bloody beasts ceased by all means to suppresse the lyght of God , and to trouble such as in any sort were suspected to abhorre their corruption ; but because the Realme in these times was troubled with intestine and cruell warres , in the which much blood was shed ; first at Melrosse , betwixt the Dowglas and Balclench , in the yeere of God 1526. the 24. day of July : Next at Lynlythcow , betwixt the Hamiltons and the Earle of Lenox , who was sisters son to the Earle of Arran ▪ where the said Earle with many others lost his life , the thirteenth day of September , in the same yeere : And last , betwixt the King himself and the foresaid Dowglas , whom he banished the Realme , and held him in exile during his whole dayes . By reason of these , we say , and of other troubles , the Bishops and their bloody bands could not finde the time so favourable unto them as they required , to execute their Tyrannie . In this middle time , so did the wisedome of God provide , that Henry the eight , King of England , did abolish from his Realme the name and authority of the Pope of Rome , commanded the Bible to be read in English , suppressed the Abbeys and other places of Idolatry , with their Idols , which gave great hope to divers Realmes , that some godly Reformation should thereof have ensued : And therefore from this our Countrey did divers learned men , and others that lived in feare of Persecution , repaire to that Realme , where albeit they found not such purity as they wished ( and therefore divers of them sought other countreys ) yet they escaped the tyrannie of mercilesse men , and were reserved to better times , that they might fructifie within his Church in divers places and parts , and in divers vocations . Alexander Setonne remained in England , and publikely ( with great praise and comfort of many ) taught the Gospel in all sincerity certain yeers . And albeit the craftinesse of Gardner Bishop of Winchester and of others , circumvented the said Alexander , so that they caused him at Pauls Crosse , to affirme certaine things that repugned to his former Doctrine : yet it is no doubt but that God potently had assisted him in all his life , and that also in his death ( which shortly after followed ) he found the mercy of his God , whereupon he ever exhorted all men to depend . Alexander Alaesius , Master Iohn Fyfe , and that famous man Doctor Machabeus departed unto Dutchland , where by Gods providence they were distributed to severall places . Makdowell for his singular prudence , besides his Learning and Godlinesse , was elected borrow-Master in one of their steads . Alaesius was appointed to the Universitie of Lipsia , and so was Master Iohn Fyfe , where for their honest behaviour and great erudition they were holden in admiration with all the godly . And in what honour , credit , and estimation Doctour Machabeus was , with Christian , king of Denmark , Cawpmanhowen and famous men of divers nations can testifie . This did God provide for his servants , and did frustrate the expectation of these bloody beasts , who by the death of one ( he meanes M. Patrick Hamilton ) in whom the lyght of God did clearly shine , intended to have suppressed Christs Trueth for ever within this Realme , but the contrary had God decreed : for his death was the cause ( as is said ) that many did awake from the deadly sleep of ignorance ; and so did Jesus Christ the onely true Lyght shine unto many , for the way taken of one . And albeit that these notable men did never after ( M. Iohn Fyfe onely excepted ) comfort their countrey with their bodily presence , yet made he them fructifie in his Church , and raised them up Lyghts out of darknesse , to the praise of his own mercy , and to the just condemnation of them that then ruled ; To wit , of the King , Counsell , and Nobility , yea , of the whole people , who suffered such notable personages without crimes , counted to be unjustly persecuted , and so exiled ; others were after even so dealt withall , but of them we shall speak in their own place . No sooner gate the Bishops opportunity ( which alwayes they sought ) but so soon renewed they the battell against Jesus Christ. For the aforesaid leprous Bishop in the yeere of God 1534. caused to be summoned Sir William Kyrk , Adam Dayis , Henry Kernes , Iohn Stewart of Leyth , with divers others , such as Master William Iohnston Advocate , Master Henry Henderson , Schoole-master of Edenburgh , of whom some compeered in the Abbey Kyrk of Halyrud-house , and so abjured , and publikely burnt their Bills : others compeered not , and therefore was exiled . But in judgement were produced two , to wit , David Straton , a Gentleman , and Master Norman Gowrlay , a man of reasonable erudition , of whom we may shortly speak . In Master Norman appeared knowledge , albeit joyned with weaknesse ; But in David Straton could onely be espied for the first ; a hatred against the pride and avaritiousnesse of Priests , for the cause of his delation was , he had made to himselfe one Fish-boat to go to the sea ; The Bishop of Murray , then being Prior of Saint Andrews , and his agents , urged him for the tythe thereof ; His answer was , If they would have tythe of that which his servants wan in the sea , it were but reason that they should come and receive it where they got the stocke , and so as it was constantly affirmed , he caused his servants to cast the tenth fish in the sea again : Processe of cursing was laid against him for not paying such tythes , which when he contemned , he was summoned to answer for Heresie . It troubled him vehemently , and therefore he began to frequent the company of such as were godly ; for before he had been a man very stubborne , and one that despised all reading ( chiefly of those things that were godly ) but miraculously , as it were , he appeareth to be changed , for he delighteth in nothing but in hearing of reading ( for himselfe could not reade ) and was a vehement exhorter of all men to concord and quietnesse , and the contempt of the world . He frequented much the company of the Laird of Dun Areskin , whom God in those daies had marvellously illuminated : upon a day as the Laird of Lawriston that yet liveth , then being a young man , was reading unto him in the New Testament , in a certain quiet place in the fields , as God had appointed , he chanced to read these Sentences of our Master Jesus Christ ; He that denieth me before men , or is ashamed of me in the midst of this wicked generation , I will deny him in the presence of my Father , and before his Angels . At which words , he suddenly being as one revived , cast himselfe upon his knees , and extending both hand and visage constantly to the heaven a reasonable time , at length he burst forth in these words ; O Lord , I have been wicked , and justly mayest thou withdraw thy grace from me : but Lord , for thy mercies sake , let me never deny thee , nor thy Trueth , for fear of death or corporall paine . The issue declared that his prayer was not vain ; for when he with the aforesaid Master Norman , was produced in judgement in the Abbey of Halyrud-House , the King himselfe ( all clad in red ) being present , great labour was made , that the said David Straton should have recanted , and burnt his Bill : But he ever standing at his defence , alleadging that he had not offended , in the end was adjudged to the fire , and then when he perceived the danger , asked grace at the King ( which he would willingly have granted unto him ) the Bishops proudly answered , That the Kings hands were bound in that case , and that he had no grace to give , to such as by their Law were condemned . And so was he with the said Master Norman , after dinner , upon the seven and twentieth day of August , in the yeere of our Lord 1534. aforesaid , led to a place besides the roode of greene side : and there they two were both hanged and burnt , according to the mercy of the Papisticall Church . To that same diet were summoned as before we have said , others of whom some escaped into England , and so for that present escaped the death . This their tyranny , notwithstanding , the knowledge of God did wonderfully increase within this Realme , partly by reading , partly by brotherly conference which in those dangerous dayes was used to the comfort of many ; but chiefly by Merchants and Mariners , who frequenting other countreys , heard the true Doctrine affirmed , and the vanity of the Papisticall Religion openly rebuked : Amongst whom were those of Dondie and Lieth principals , against whom was made a very strait inquisition , by David Beton , cruell Cardinall . And divers were compelled to abjure and burne their Bills , some in Saint Andrews , and some at Edinburgh . About the same time , Captaine Iohn Berthwick Provost of Lithcow , was burnt in figure , but by Gods providence escaped their furie . And this was done for a spectacle , and triumph to Mary of Lorraine , lately arrived from France , as wife to Iames the fifth King of Scots : what plagues she brought with her , and how they yet continue , such as are not blinde may manifestly see . The rage of these bloody beasts proceeded so farre , that the Kings Court it selfe escaped not that danger ; for in it divers were suspected , and some accused . And yet ever did some lyght burst out in the midst of darknesse ; for the trueth of Christ Jesus entred even into the Cloisters as well of Friars and Monks as of Channons . Iohn Lyn , a gray Frier , left his hypocriticall habit , and the den of those murtherers , the gray Friers . A black Frier , called Frier Killor , set forth the History of Christs passion in forme of a Play , which he both Preached and practised openly in Sterlin , the King himselfe being present upon a Good-Friday in the Morning , in the which all things were so lively expressed , that the very simple people understood and confessed , That as the Priests and obstinate Pharisees perswaded the people to refuse Christ Jesus , and caused Pilate to condemne him ; So did the Bishops , and men called Religious , blinde the people , and perswade Princes and Judges to persecute such as professe Christ Jesus his blessed Gospel . This plain speaking so inflamed the hearts of all that bare the Beasts mark , that they ceased not , till the said Friar Kill●r , and with him Frier Beaverege , Sir Duncane Symson , Robert Forester Gentleman , and Deane Thomas Forrat , Channon regular , and Vicar of Dolour , a man of upright life , who altogether were cruelly murthered in one fire upon the Castle hill the last of February , in the yeere of our Lord 1538. This cruelty was used by the aforesaid Cardinall , the Chancellour , the Bishop of Glasgow , and the incestuous Bishop of Dumblane . After that this cruelty was used in Edinburgh upon the Castle hill , to the effect that the rest of the Bishops might shew themselves no lesse fervent to suppresse the lyght of God , then he of S. Andrews was , were apprehended two of the Diocesse of Glasgow ; The one named Ieronimus Russell , a gray Frier , a young man , of a meeke nature , quicke spirit , and good Learning ; And one Alexander Kennedie , who passed not eighteen yeers of age , one of excellent wit in vulgar Poesie . To assist the Bishop of Glasgow in that cruell judgement , or at least to dip his hands in the blood of the Saints of God , were sent Master Iohn Lawd●r , Master Andrew Olyphant , and Frier Meitman , servants of Satan , apt for that purpose ; The day appointed to the cruelty approached ; The two poore Saints of God were presented before those bloody butchers , grievous were the crimes that were laid to their charge : Kennedie at the first was faint , and gladly would have recanted : but while the place of repentance was denied unto him ▪ the spirit of God , which is the spirit of all comfort , began to work in him ; yea , the inward comfort began to burst forth , as well in visage , as in tongue and word , for his countenance began to be cheerfull , and with a joyfull voice upon his knees he said , O eternall God , how wonderfull is that love and mercy that thou bearest unto mankinde , and unto me the most caitife and miserable wretch above all others ; For , even now , when I would have denied thee , and thy Son , our Lord Iesus Christ my onely Saviour , and so have cast my self into everlasting damnation ; Thou by thine own hand hast pulled me from the very bottome of hell , and made me to feele that heavenly comfort , which takes from me that ungodly feare wherewith before I was oppressed . Now I defie death , do what ye please ; I praise my God , I am ready . The godly and learned Ieronimus , railed upon by these godlesse Tyrants , answered ; This is your houre , and power of darknesse ; Now sit ye as Iudges , and we stand wrongfully accused , and more wrongfully to be condemned ; but the day shall come , when our innocencie shall appeare , and that ye shall see your own blindnesse , to your everlasting confusion . Go forward , and fulfill the measure of your iniquity . While that these servants of God thus behaved themselves , a variance ariseth betwixt the Bishop and the beasts that came from the Cardinall ; For the Bishop said , I thinke it better to spare these men , then to put them to death : Whereat the idiot Doctors offended , said , What will ye do my Lord ? will ye condemne all that my Lord Cardinall and the other Bishops and we have done ? If so ye do , ye shew your selfe enemy to the Church and us , and so we will repute you , be ye assured . At which words , the faithlesse man afraid , adjudged the innocents to die , according to the desire of the wicked . The meeke and gentle Ieronimus Russell comforted the other with many comfortable sentences , oft saying unto him , Brother , fear not , more mighty is he that is in us , than he that is in the world : the pain that we shall suffer is short , and shall be light ; but our joy and consolation shall nevea have end : and therefore let us contend to enter in , unto our Master and Saviour , by the same strait way which he hath taken before us : Death cannot destroy us , for it is destroyed already by him for whose sake we suffer . With these and the like comfortable sentences they passed to the place of execution , and constantly triumphed over death and Sathan , even in the midst of the flaming fire . And thus did those cruell beasts intend nothing but murther in all the quarters of this Realme : for so far had they blinded and corrupted the inconsiderate Prince , that he gave himself to obey the tyrannie of those bloodie beasts : and he made a solemne Vow , That none should be spared that was suspect of Heresie , yea , although it were his own son . To presse and push him forward in this his fury , he lacked not flatters enow ; for many of his Minions were pensioners to Priests : Amongst whom , Oliver Synclare , yet remaining enemy to God , was principall . And yet did not God cease to give that blinded Prince documents that some sudden punishment was to fall upon him , if he did not repent , and amend his life ; and that his own mouth did confesse : For after that Sir Iames Hamilton was beheaded ( justly or unjustly we dispute not ) this Vision came unto him , as to his familiars himself did declare ) the said Sir Iames appeared unto him , having in his hands a drawn sword , with the which he stroke from the King both the arms , saying to him these words , Take that , till thou receive a finall payment for all thy impiety . This Vision with sorrowful countenance , he shewed on the morrow , and shortly thereafter died his two sons , both within the space of 24 hours , yea , some say within the space of six hours . In his own presence George Steill , his greatest flatterer , and greatest enemy to God that was in his Court , dropped off his horse , and died not saying one word that same day , that in audience of many , the said George had refused his portion of Christs Kingdom , if the prayers of the Virgin Mary should not bring him thereto . How terrible a Vision the said Prince saw lying in Lintlightow that night that Thomas Scot , Justice Clerk , died in Edinburgh , men of good credite can yet report : For afraid at midnight , or after , he called aloud for Torches , and raised all that lay beside him in the Pallace , and told that Thomas Scot was dead ; for he had been at him with a company of devills , and had said unto him these words ; O we to the day that ever I knew thee or thy service ; for serving of thee , against God , against his servants , and against Iustice , I am adjudged to endlesse torment . How terrible voyces the said Thomas Scot pronounced before his death , men of all estates heard ; and some that yet live can witnesse his voice ever was , Iusto Dei judicio condemnatus sum ; that is , I am condemned by Gods just Judgement . He was most oppressed for th● delation and false accusation of such as professed Christs Evangel , as M. Thomas Mairioribanckes , and M. Heus Rig , then advocates , did confesse to M. Henry Balnaves , who from the said Thomas Scot came to him , as he and M. Thomas Ballenden were sitting in Saint Giles Church , and asked him forgivenesse of the said Thomas . None of these terrible forewarnings could either change or alter the heart of the infortunate and misled Prince , but still he did proceed in his accustomed wayes . For in the midst of these evils , he caused , to put hands on that notable man M. George Buchanan , to whom for his singular erudition and honest behaviour , was committed the charge to instruct some of his naturall children : But by the mercifull providence of God he escaped ( albeit with great difficulty ) the rage of those that sought his life ; and remaines alive to this day in the yeere of God 1566. to the glory of God , to the great honour of this nation , and to the comfort of those that delight in letters and vertue . That singular Worke of Davids Psalms , in Latin Meeter and Poesie , besides many others , can witnesse the rare graces of God given to that man , which that Prince by instigation of the gray-Friers and of his other flatterers , would altogether have devoured , if God had not provided remedy to his servant by escaping ( the keepers being asleep he went out at the window ) This cruelty and persecution , notwithstanding the monsters and hypocrites , the gray-Friers , day by day came farther in contempt , for not onely did the learned espie and detest their abominable hypocrisie , but also men in whom no such graces or gifts were thought to have been , began plainly to paint the same forth to the people . As this Ryme which here we have inserted for the same purpose , made by Alexander Earle of Glevearne to this day 1566 alive can witnesse , intituled , An Epistle directed from the holy Hermite of Larites , to his Brethren the gray-Friers . I Thomas Hermite in Larite Saint Francis brother heartily greete , Beseeching you with firme intent To be watchfull and diligent For thir Lutherans rissen of new Our ordour dayly doth pursew These smacks do set their whole intent To read this Engls ' new Testament And sayth we have them cleane desceivd Therefore in haste they must be stopped Our stately hypocrisie they pryse And do blaspheme us on this wise Saying that we are heretiks And false loud lying Matin tykes Cummerers and quellers of Christs Kyrk Such lasie scemlers that will not wirk But idlely our living winnes Devouring Wolfs into Sheepe-skinnes Hurkland with huids into our neck With Judas minde to Jowcke and Bek Seeking Gods people to devore The overthrowers of Gods glore Professors of hypocrisie . Doctors in Idolatrie Fishears with the feynds nette The upclosers of heaven gate Cancard corrupters of the Creede Hemlock sowers among good seed To throw in brambles that do men twist The hye way kennand them from Christ Monsters with the Beasts marke Dogs that never stintes to barke Church men that are to Christ unkend A sect that Sathans selfe has send Lurking in holes lyke trator todes Maintainers of Idolles and false godes Fantastike fooles and frenzie flatterers To turne from the trueth the very teachers For to declare their whole sentence Would much cumber your conscience To say your fayth it is so stark Your cord and loosie cote and sark Ye lippin may you bring to salvation And quyte excludes Christ his passion I dread this doctrine and it last Shall either gar us worke or fast Therefore with speede we must provide And not our profit overslide I schaip my selfe within short while To curse our Ladie in Argyle And there some craftie wyse to worke Till that we builded have one Kyrk Since miracles made by your advice The kitterells thought they had but lyce . The two parts to us they will bring But orderly to dresse this thing Aghaist I purpose for to cause gang By counsayll of Frear Walter Lang Which shall make certaine demonstrations To help us in our procurations Your holy ordor to decore That practise he provd once before Betw●xt Kyrkcadie and Kinggorne But Lymmers made thereat such skorne And to his fame made such digression Since syn he heard not the Kings confession Though at that time he came with speede I pray you take good will as deede And some among your selves receave As one worth many of the leave What I obtaine you through his art Reason wold ye had your part Your order handles no money But for other casualtie As beefe , meale butter and cheese Or what else you have that you please Send your brethren and habete As now not els but valete Be Thomas your brother at command A Culrune kethed through many a land . After God had given unto that mis-informed Prince sufficient documents , that his warring against his blessed Gospel should not prosperously succeed . He raised up against him Warres as he did of old against divers Princes that would not hear his voice , in the which he lost himself , as we shall hereafter heare . The occasion of the Warre was this , HENRY the eighth , King of England , had a great desire to have spoken with our King , and in that point travelled so long , till that he gat a full promise made to his Ambassadour , Lord William Howard : The place of meeting was appointed Yorke , which the King of England kept with such solemnitie and preparations , as never for such a purpose was seene in England before . Great brute of that journey , and some preparation for the same was made in Scotland : But in the end , by perswasion of the Cardinall David Beton , and by others of his faction , that journey was stayed , and the Kings promise falsified . Whereupon were sharp Letters of reproach sent unto the King , and also unto his counsell . King Henry frustrate returneth to London , and after his indignation declared , began to fortifie with men his frontiers toward Scotland . There was sent to the borders , Sir Robert Bowes , the Earle of Angus , and his brother , Sir George Dowglas . Upon what other trifling questions ( as for the debetable land and such ) the Warre brake up , we omit to write . The principall occasion was the falsifying of the promises before made . Our King perceiving that Warre would rise , asked the Prelats and Churchmen , what support they would make to the sustaining of the same : for rather would he yet satisfie the desire of his Uncle ▪ then he would hazard warre where he saw not his force able to resist . They promised mountains of gold ( as Satan their father did to Christ Jesus if he would worship him ) for rather would they have gone to hell , then he should have met with King Henry , for then thought they , Farewell our Kingdom of Abbots , Monks , &c. And farewell , thought the Cardinall , his credit and glory in France . In the end , they promised fifty thousand crowns by yeere , to be well paid so long as the Warre lasted : and further , That their servants and other that appertained to them , and were exempted from common service , should neverthelesse serve in time of necessity . These vain promises lifted up in pride the heart of the unhappy king , and so begins the Warre . The Realme was Quartered , and men were laid in Iedburgh and Kelso : All men ( fools we mean ) bragged of victory , and in very deed the beginning gave us a faire shaw : For at the first Warden Reade which was made on Saint Bartholomewes day , in the yeere of our Lord , 1542. was the Warden Sir Robert Bowes , his brother Richard Bowes Captaine of Norhame , Sir William Mamebery Knight , a Bastard Sonne of the Earle of Angus , and Iames Dowglas of Parkhead , then Rebels , with a great number of Borderers Souldiers and Gentlemen taken : The Reade was termed Halderig . The Earle of Angus and Sir George his brother , did narrowly escape . Our Papists and Prelats , proud of this victory , encouraged the King , so that there was nothing heard , but All is ours : They be but Heretickes , if we be a thousand and they ten thousand , they dare not fight ; France shall enter into one part , and we the other , and so shall England be conquest within a yeere . If any man was seene to smile at such vanitie , he was no more but a Traytour and an Hereticke . And yet by these meanes men had greater liberty then they had before , as concerning their conscience , for then ceased the persecution . The Warre continued till midde September : And then was sent down the old Duke of Norfolke , with such an Army as a hundred yeeres before had not come into Scotland . They were in gathering their Forces , and setting forward of their Preparations and Munitions , which were exceeding great , till midde October and after . And then they Marched from Barwick and tended to the wast , ever holding Tweid upon their own side , and never camped from that River the space of a mile , during the whole time they continued in Scotland , which was ten or twelve dayes . Forces were sent up and down to Smallame , Stichell , and such places neere about , but many snappers they gat , some Corn they burnt , besides that which the great host consumed , but small bootie they carried away . The King assembled his Forces at Fallowe ( for he was advertised that they had promised to come to Edinburgh ) and tooke the Musters all at an houre , two dayes before Hallowe even . There were found with him eighteen thousand able men : Upon the Borders that awaited upon the English Army , were ten thousand good men with the Earle of Huntlie , Lords Erskin , Seton , and Hume . These were judged men aneuh to hazard Battell , albeit the other were esteemed fourty thousand . While the King lay at Fallowe , abiding upon the Gunes , and upon advertisement from the Army . The Lords began to remember how the King had been long abused by his flatterers , and principally by the Pensioners of the Prelats . It was then concluded that they would make some new remembrance of Lawder brig , to see if that would for a season somewhat help the state of their Country . But because the Lords could not agree among themselves upon the persons that deserved punishment ( for every man favoured his friend ) the whole escaped , and the purpose was opened to the King , and by him to the courtiers , who till they came to Edinburgh stood in no little fear : but that was suddenly forgot , as we shall after hear . While time is thus protracted , the English army , for want of victuals ( as was bruted ) retired over Tweid in the night , and so begin to skale & sunder ; wherof the King advertised , desired the Lords and Barons to assist him to follow them into England ; whose answer was with one consent , That to defend his person and Realme , they would hazard life , and whatsoever they had : But to invade England , neither had they so just Title as they desired , neither yet could they be able to do any thing to the hurt of England , considering that they had long before beene absent from their houses , their provision was spent , their horses wearied , and that which was greatest of all , the time of the yeere did utterly reclaime . This their answer seemed to satisfie the King : for he in words praised their prudent foresight and wise counsell . But the essay made to his Courtiers , and that bold repulse of his desires given to him in his owne face , so wounded his high stomacke ( for long had he runne as himselfe listed ) that he decreeth a notable revenge , which no doubt he had not failed to have executed , if God by his owne hand had not cut the dayes of his lyfe . He returnes to Edinburgh , the Nobility , Barons , Gentlemen , and Commons , to their habitations . And this was the second and third dayes of November . Without longer delay at the palace of Halyrud-house was a new councell assembled , a councell we meane of his abusers , wherein were accusations layd against the most part of the Nobilitie ; Some were Hereticks ; Some favourers of England ; Some friends to the Dowglas : and so could there be none faithfull to the King in their opinion . The Cardinall and Prelats cast fagotts in the fire with all their force , and finding the King wholly addicted to their devotion , delivered unto him a schroll , containing the names of such as they in their inquisition had convict for Hereticks . For this was the order of Justice which these holy Fathers kept in condemning of innocent men ; Whosoever would accuse any of Heresie , he was heard , no respect nor consideration had , what minde the accuser bare to the person accused ; Whosoever was produced for witnesse , were admitted , how suspitious and infamous so ever they were ; if two or three had proved any point that by their Law was holden Heresie , that was an Hereticke : There rested no more but a day to be affixed to his condemnation , and to the execution of their corrupt sentence : What man could be innocent where such ●udges were partie , the world may this day consider . True it is , by false Judgement and false Witnesses have innocents been oppressed from the beginning . But this freedome to shed innocent blood got never the Devill but in the Kingdome of Antichrist ; That the innocent should die , and neither know accuser , nor yet the witnesse that testifieth against him . But how sh●ll the Antichrist be knowne , if he shall not be contrarious to God the Father , and his Sonne Christ Jesus , in Law , Life , and Doctrine . But this we omit . The same schroll had the Cardinall and Prelats once presented to the king before , at that time when he returned from the Navigation about the Isles , in the yeere 1534. But then it was refused by the prudent and stout councell of the Laird of Grainge , who opened cleerely to the King the practices of the Prelats , and the danger that thereof might ensue : Which considered by the King ( for being out of his passion he was tractable ) gave this answer in the palace of Halyrud-house to the Cardinall and Prelats , after that they had uttered their malice , and shewed what profit might arise to the Crowne , if he would follow their councell : Packe you Iuglers , get you to your charges , and reforme your owne lives , and be not instruments of discord betwixt my Nobilitie and me ; Or else , I vow to God , I shall reforme you , not as the King of Denmarke by imprisonment doeth , neither yet as the King of England doth by hanging and heading : but I shall reproove you by sharpe punishments , if ever I heare such motion of you againe . The Prelats dashed and astonished with this answer , ceased for a season to attempt any further by rigour against the Nobility . But now being informed of all proceedings by their Pensioners , Oliver Sincler , Rosse Laird of Cragie and others , who were to them faithfull in all things : they conclude to hazard once again their former sute : which was no sooner proponed , but as soone it was accepted , with no small regreate , by the Kings own mouth , that he had so long despised their counsell : For ( said he ) now I plainely see your words to be true ; The Nobility neither desire my honour nor countenance , for they would not ride a mile for my pleasure to follow mine enemies : Will ye therefore finde me the meanes how that I may have a roade made into England without their knowledge and consent , that it may be knowne to be mine owne reade , and I shall binde me to your counsell for ever . There were gratulations and clapping of hands ; there were promises of diligence , closenesse , and fidelity among them . Finally , conclusion was taken that the West borders of England , which was most empty of men and Garrison , should be invaded . The Kings own Banner should be theirs , Oliver the great Minion should be Generall-Lieutenant , but no man should be privie ( except the counsell that was then present ) of the enterprise , till the very day and execution thereof . The Bishops gladly tooke the charge of that device . Letters were sent to such as they would charge , To meet the King at the day and place appointed : The Cardinall with the Earle of Arran was directed to go to Hadington , to make a shew against the East Border , when the others were in readinesse to invade the West : And thus neither lacked counsell , practise , closenesse , nor diligence , to set forward that Enterprise ; and so among these consulters there was no doubt of any good successe . And so was the scroell thankfully received by the king himselfe , and put into his owne pocket , where it remained to the day of his death , and then was found . In it were contained more then an hundred landed men , besides other of meaner degree : Among whom was the Earle of Arran , notwithstanding his siding with the current of the Court , and his neernesse in blood to the King. It was bruted that this roade was devised by the Lord Maxwell , but the certaintie thereof we have not . The night before the day appointed to the Enterprise , the King was found at Lochmabane . To him comes companies from all quarters , as they were appointed , no man knowing of another ( for no generall Proclamations past , but privie Letters ) neither yet did the multitude know any thing of the purpose till after midnight when that the trumpet blew . And commanded all men to march forward , and to follow the King ( who was constantly supposed to have been in the host ) guides were appointed to conduct them towards England , as both faithfully and closely they did ; upon the point of day they approached to the enemies ground , and so passed the water without any great resistance made unto them . The forward goeth foorth , feare rises , hership might have been seen on every side . The unprovided people were altogether amazed , for bright day appearing , they saw an army of ten thousand men : Their Beacons on every side , send flames of fire unto the heaven : To them it was more then a wonder that such a multitude could have been assembled and conveyed , no knowledge thereof coming to any of their Wardens . For support they looked not , and so at the first they utterly despaired , and yet began they to assemble together , ten in one company , twenty in another , and so as the Fray proceeded their Troopes increased , but to no number ( for Carlile fearing ●o have been assaulted , suffered no man to issue out of their gates ) and so the greatest number that ever appeared or approached before the discomfiture past not three or four hundreth men , and yet they made hot skirmishing , as in their own ground , in such feats as they are most expert , about ten hours : When fires were kindled , and almost slackned on every side , Oliver thought time to shew his glory , and so incontinent was displayed the Kings Banner , and he upholden by two Spears , lift up upon mens shoulders there with sound of Trumpet was proclaimed Generall Lieutenant , and all men commanded to obey him , as the Kings own Person , under all highest pains . There was preseut the Lord Maxwell , Warden , to whom the regiment of things in absence of the King properly appertaineth . He heard and saw all , but thought more than he spake : There were also present the Earls of Glencarne and Cassels , with the Lord Flemyng , and many other Lords , Barons , and Gentlemen of Lothaine , Fife , Angus , and Mearnes . In this Mountain did the skirmishing grow hotter than it was before , shouters were heard on every side ; some Scottish-men were stricken down , some not knowing the ground , were mired , and lost their horses : Some English Horse of purpose were let loose , to provoke greedie and imprudent men to presse at them , as many did , but found no advantage . While such disorder rises more and more in the Army , every man cried aloud ▪ My Lord Lievtenant , What will ye do ? Charge was given that all men should light , and go to array in order , for they would fight : Others cried , Against whom will ye fight ? yonder men will fight none other wayes than ye see them do , if ye will stand here while the morrow . New purpose was taken , That the Footmen ( they had there with them certain Bands of Souldiers ) should safely retire towards Scotland , and the Horse-men should take their Horse again , and so follow in order . Great was the noyse and confusion that was heard , while that every man calleth his own sluggards ; the day was neer spent , and that was the cause of the greatest fear . The Lord Maxwell perceiving what would be the end of such beginnings , stood upon his feet with his friends , who being admonished to take his horse , and provide for himselfe , answered , Nay , I will rather abide here the chance that it shall please God to send me , than to go home , and there be hanged ; and so he remained upon his foot , and was taken while the multitude fled , and tooke the greater shame . The enemies perceiving the disorder , increased in courage . Before they shouted , but then they stroke ; they shot Spears , and dagged Arrows where the Companies were thickest ; some encounters were made , but nothing availeth , the Souldiers cast from them their Pikes and Culverings , and other Weapons fencible ; the Horse-men left their Spears , and so without judgement all men fled . The Sea was filling , and so the water made great stop ; but the fear was such , as happy was he that might get a taker : Such as passed the water , and escaped that danger , not well acquainted with the ground , fell into the slimy mosse ; the entry thereof was pleasing enough , but as they proceeded , all that took that way , either lost their horse , or else themselves and horse both . To be short , a greater fear and discomfiture without cause , hath seldome beene seen ; for it is said , That where the men were not sufficient to take the Bands of prisoners ; Some ran to houses , and rendered themselves to women . Stout Oliver was without stroke taken fleeing full manfully . And so was his glory ( stinking and foolish proudnesse we should call it ) suddenly turned to confusion and shame . In that discomfiture were taken the two Earls aforesaid , the Lords Fleming , Somerwell , and Olyphant , and many other Barons and Gentlemen , besides the great multitude of servants . Worldly men say , That all this come but by misorder and fortune , as they term it : But whosoever hath the least spark of the knowledge of God , may as evidently see the work of his hand in this discomfiture , as ever was seen in any of the Battells left to us in Register by the holy Ghost : For what more evident Declaration have we that God fought against Benhadad , King of Aram , when he was discomfited at Samaria , than now we have , that God fought with his own Arm against Scotland in this former discomfiture ? There did two hundred and thirty persons in the Skirmish , with seven thousand following them in the great Battell , put to flight the said Benhadad , with thirty Kings in his Company . But here there is in this shamefull discomfiture of Scotland , very few more than three hundreth men , without knowledge of any Backe or Battell to follow , put to flight ten thousand men , without resistance made . There did every man recounter his marrow , till that the two hundred and thirty slew such as matched them : But here , without slaughter , the multitude fled . There had those of Samaria the Prophet of God to comfort , to instruct , and to promise Victory unto them : But England in that pursuit had nothing , but as God secretly wrought by his providence in the men that knew nothing of his working , neither yet of the cause thereof , more then the wall that fell upon the rest of Benhadads Army knew what it did . And therefore yet again we say , That such as in that sudden dejection beholds not the hand of God fighting against pride , for freedome of his own little Flock injustly persecuted , doth willingly and maliciously obscure the glory of God ; but the end thereof is yet more notable . The certain knowledge of the discomfiture coming to the Kings ears ( who waited upon news at Lochmaban ) he was stricken with a sudden fear and astonishment , so that scarcely could he speak , or had purpose with any man : The night constrained him to remain where he was ; and so went to bed , but rose without rest , or quiet sleep : His continuall complaint was , O fled Oliver , is Oliver taken ? O fled Oliver : And these words in his melancholly , and as it were carried in a Trance , repeated he from time to time to the very hour of death . Upon the morn , which was Saint Katherines day , returned he to Edinburgh , and so did the Cardinall from Hadington . But the one being ashamed of the other , the brute of their communication came not to publike audience . The King made Inventory of his Treasure , of all his Jewels , and other substance . And thereafter ashamed to look any man in the face , secretly departed to Fife , and coming to Hallzairdes , was humanely received of the Lady of Grange , an ancient and godly Matron ( the Laird at his coming was absent . ) In his company was onely with him William Kirk●ldy , now Laird of Grange , and some other that waited upon his Chamber . The Lady at Supper , perceiving him pensive , beganne to comfort him , and willeth him to take the Work of GOD in good part : My portion , said he , of this world is short , for I will not be with you fifteen dayes . His servants repairing unto him , asked where he would have provision made for Christmas , which then approached : he answered with a disdainfull countenance , I cannot tell , chuse you the place ; but this I can tell you , Or Christmas day you will be masterlesse , and the Realme without a King. Because of his displeasure , no man durst make contradiction unto him . So after that he had visited the Castle of Carny , pertaining to the Earle of Crawfurde , where the said Earles daughter , one of his Mistresses was , he returned to Falkland , and took bed . And albeit there appeared unto him no signes of death , yet he constantly affirmed , Before such a day , I shall be dead . In this mean time was the Queen upon the point of her delivery in Lynlitquow , who was delivered the 8 of December , in the yeere of God , 1542 yeeres , of Mary , that then was born , and now doth raigne for a scourge to this Realme , as the progresse of her whole life has to this day declared . The certainty that a daughter was born unto him coming to his ears , he turned from such as spake with him , and said , The devill go with it , it will end as it began , it came from a woman , and it will end with a woman . From Mary , daughter to Robert Bruse , married to Walter Stuart , he feared that his daughter should be married to one of another Name and Family ; but you see by Gods providence , the Crown remains in one and the same Family and Name to this day , notwithstanding the many Plots of the pretenders to the Crowne both at home and abroad . After that he spake not many words that were sensible , but ever harped on his old song , Fie , fled Oliver , is Oliver taken , all is lost . In this mean time , in his great extremity , comes the Cardinall ( a fit comforter for a desperate man ) he cries in his eare ; Take order , Sir , with your Realme , who shall rule during the minority of your daughter : ye have knowne my service , What will ye have done ? Shall there not be four Regents chosen ? And shall not I be principall of them ? Whatsoever the King answered , Documents were taken , That so it should be , as my Lord Cardinall thought expedient . As many affirme , a dead mans hand was made to subscribe one blank , that they might write above what it pleased them best ; the Cardinall having hired one Henry Balfour , a Priest , to make a false Testament ; which was done accordingly , but in vain . This finished , the Cardinall posted to the Queen , lately before delivered , as is said . At the first sight of the Cardinall , she said , Welcome , my Lord , is not the King dead ? What moved her so to conjecture , divers men are of divers judgements . Many whisper that of old his patte was in the pot , and that the suspition thereof caused him to be inhibite the Queens company . Howsoever it was before , it is plain , That after the Kings death , and during the Cardinalls life , whosoever guided the Court , he gate his secret businesse sped , of that gracious Lady , either by day or by night . Howsoever the tidings liked her , she mended with as great expedition of that daughter , as ever she did before of any son she bare . The time of her Purification was sooner than the Leviticall Law appoints : but she was no Jew , and therefore in that she offended not . The noyse of the death of King Iames divulgate , who departed this life the 13 day of December , in the yeere of God 1542 aforesaid , the hearts of men began to be disclosed . All men lamented that the Realme was left without a male to succeed . Yet some rejoyced that such an enemy to Gods Truth was taken away . He was called of some ; A good poore mans King : of others he was termed , A murtherer of the Nobility , and one that had decreed their whole destruction . Some praised him for the repressing of theft and oppression ; others dispraised him for being much given to women . The Prelats and Clergie feared a change in the Kings minde , as he had expressed himself some few yeers before . And thus men spake even as their affection led them , and yet none spake altogether besides the truth ; for part of these aforesaid were so manifest , that as the vertues could not be denied , so could not the vices by any craft be cloked . Yet to speak truth of him , his vices may justly be attributed to the times , and his breeding , and not any wickednesse in his nature ; for he gave many expressions of a good nature , namely , in his sobriety and justice , &c. The question of Government was thorow this Realme universally moved . The Cardinall proclaimed the Kings last Will , and therein were expressed four Protectors or Regents , of whom himself was the first and principall , and with him were joyned the Earls of Huntley , Argyle , and Murhay : this was done on Munday , at the Market Crosse of Edinburgh . But the Munday following took the whole Regents remission for their usurpation : for by the stout and wise counsell of the Laird of Grange , did the Earle of Arran , then so neer to the Crown , cause assemble the Nobility of the Realme , and required the equity of their judgements in that his just suit to the Government of this Realm , during the minority of her to whom he pretended to succeed , failing of her , and of her lawfull succession . His friends convened , the Nobility assembled , the day of decision is appointed ; the Cardinall and his faction opposes them , and are against the Government of one man , and especially of any called Hammilton : For who knowes not ( said the Cardinall ) that the Hammiltons are cruell murtherers , oppressors of innocents , proud , avaritious , double , and false , and finally , the pestilence in this Common-wealth ? Whereto the Earl answered , Defraud me not of my right , and call me what ye please : whatsoever my friends have been , yet unto this day hath no man cause to complain upon me , neither yet am I minded to flatter any of my friends in their evill doing , but by Gods grace shall be as forward to correct their enormities , as any within the Realme can reasonably require of me ; And therefore yet again , my Lords , in Gods Name , I crave that ye do me no wrong , nor defraud me of my just Title , before ye have experience of my Government . At these words , were all that feared God , or loved honesty so moved , that with one voyce they cryed , That Petition is most just ; and unlesse ye will do against Gods Iustice and Equity , it cannot be denied . And so in despight of the Cardinall , and his suborned Faction , was he declared Governour , and with publike Proclamation so denounced to the people . The Kings Pallace , Treasure , Jewels , Garments , Horse , and Plate was delivered unto him by the Officers that had the former charge ; and he honoured , feared ; and obeyed , more heartily than ever any King was before , so long as he abode at God. The cause of the great favour that was born unto him , was ; That it was bruted that he favoured Gods Word ; and because it was well knowne that he was one appointed to have been persecuted , as the Scroll found in the Kings pocket after his death did witnesse . These two things , together with an opinion that men had of his simplicity , bowed the hears of many unto him in the beginning ; who after , with dolour of hearts , were compelled to change their opinions : but hereof we will after speak . The variety of matters that occurred , we omit , such as the order taken for keeping of the young Queen ; of the provision for the mother ; the calling home of the Douglas , and other , such as appertain to a Universal History of the time . For , as before we have said , we minde onely to follow the progresse of the Religion , and of the matters that cannot be severed from the same . The Earle of Arran thus being established in the Government , godly men repaired unto him , exhorted him to call to minde for what end God had exalted him to be Governour , out of what danger he had delivered him , he being in the bloody Scroll , as we saw before ; and what expectation all men of honesty had of him , because they saw him a soft man , they conceited goodnesse of him . At their instant suit , more than of his own motion , was Thomas Guilliame , a black Frier , called to be Preacher . The man was of sound judgement , of reasonable letters ( as for that age ) and of a prompt and good utterance . His Doctrine was wholsome , without great vehemency against superstition . Preached also sometime Iohn Rough , ( who after for the verity of Christ Jesus suffered in England ) albeit not so learned , yet more simple , and more vehement against all impiety . The Doctrine of these two provoked against them and against the Governour also , the hatred of all such as more favoured darknesse than light ; and their own interest , more than God. The gray Friers ( and amongst the rest Frier Scot , who before had given himself forth for the greatest Professor of Christ Jesus within Scotland , and under that colour had disclosed , and so endangered many . ) These slaves of Sathan rowped as they had been Ravens ; yea rather they yelled and roared as devills in hell ; Heresie , heresie , Guilliame and Rough will carry the Governour to the devill . The Towne of Edinburgh , for the most part , was devoured in superstition . Edward Hope , young William Adamson , Sibilla Lyndsay , Patrike Lyndsay , Francis Aikman ; And in the Cannongate , Iohn Mackaw , and Nivian Browne , with few others , had the burit of knowledge in these dayes . One Wilson , servant to the Bishop of Dunckell , who neither knew new Testament nor the old ; made a despightfull railing Ballad , against the Preachers , and against the Governour , for the which he narrowly escaped hanging . The Cardinall moved both heaven and hell to trouble the Governour to stay the Preaching : but yet was the Battell stoutly fought for a season ; for he was taken and put first in Dalkeyt , after in Seaton . But at length , by Bribes given to the said Lord Seaton , and to the old Laird of Lethington , he was restored to Saint Andrewes , from whence he wrought all mischief , as we shall after heare . The PARLIAMENT approached which was before EASTER , there began question of the abolishing of certaine Tyrannicall ACTS made before , at the Devotion of the Prelates , for the maintaining of their Kingdome of Darkenesse . To wit , That under paine of Heresie , no man should reade any part of the Scriptures in the Vulgar Tongue , neither yet any Tractate or Exposition of any place of Scripture : Such Articles began to come in question we say : And men began to enquire , If it were not lawfull to men that understood no Latine , to use the word of their Salvation in the Tongue they understood , as it was for the Latine men to have it in Latine , Grecians or Hebrews to have it in their Tongues . It was answered , That the Church , he means the Prelats , first had forbidden all Tongues but the three viz. Hebrew , Greek , and Latine . But men demanded , when that Inhibition was given , and what Counsell had ordained it ; considering that in the dayes of Chrysostome , he complained , That the people used the Psalmes and other holy Books in their owne Tongues : And if ye will say they were Greeks , and understood the Greek Tongue ; We answere , That Christ Jesus commanded his word to be Preached to all Nations ; now if it ought to be Preached to all Nations , it must be Preached in the Tongue they understand . Then if it be lawfull to Preach , and heare it Preached in all Tongues ; Why should it not be lawfull to reade it , and hear it read in all Tongues ? to the end that the people may try the spirits , according to the commandment of the Apostle . Beaten with these and other Reasons , they denied not but it might be read in the Uulgar Tongue , provided if the Translation were true . It was demanded , What could be reprehended in it ? And when much searching was made , nothing could be found : But that Love say they was put in the place of Charity : When the Question was asked , What difference was betwixt the one and the other ; and if they understood the nature of the Greek term 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , they were dumb . Reasoned for the party of the seculars , The L. Ruthwen , father to him that prudently gave counsell to take just punishment upon that knave David , for that he abused the unhappy K. Henry Stuart , in mo cases then one , a stout and a discreet man in the cause of God , and M. Henry Balneves , an old professour . For the part of the Clergy , one Hay , Dean of Lastarrik , and certain old Bishops with him . The conclusion was , the Commissioners of Broughes , and a part of the Nobility , required of the Parliament , that it might be Enacted , That it should be lawfull to every man to use the benefit of the Translation which then they had of the Old and New Testament , together with the benefit of other Treatises containing wholsome Doctrine , untill such time as the Prelats and other Church-men should give and set forth unto them a Translation more correct . The Clergie hereto long repugned . But in the end convinced by Reasons , and by multitude of voyces in their contrary , they also condescended ; And so by Act of Parliament it was made free to all men and women to read the Scriptures in their owne Uulgar Tongue , and so were all Acts made to the contrary abolished . This was no small Victorie of CHRIST JESUS , fighting against the conjured enemies of his Veritie ; No small comfort to such as before were holden in such bondage , that they durst not have read , The Lords Prayer ; The ten Commandments ; nor , The Articles of their Faith in the Uulgar Tongue , but they should have been accused of Heresie . Then might have beene seene the Bible lying almost upon every Gentlemans Table . The New Testament was borne about in many mens hands . We grant that some ( alas ) prophaned that blessed Word , for some that perchance had never read ten Sentences in it had it most common in their hand , they would chop their familiars on the cheeke with it , and say , This hath lyne under my beds feet these ten yeers . Others would glory , O how oft have I been in danger for this Booke , how secretly have I stollen from my wife at midnight to reade upon it . And this was done we say of many to make cowrt , and curry favour thereby : For all men esteemed the Governour to have been one of the most fervent Protestants that was in Europe . Albeit we say that many abused that libertie , granted of God miraculously , yet thereby did the knowledge of God wonderously increase , and God gave his holy spirit to simple men in great abundance : Then were set forth works in our owne Tongue , besides those that came from England , that did disclose the pride , the craft , the tyrannie , and abuses of that Romane Antichrist . The fame of our Governour was spread in divers countreys , and many praised God for him . King Henry the eight sent unto him his Ambassadour M. Radulph Saidlair , who lay in Edinburgh a great part of the Summer , his Commission and Negotiation was to contract a perpetuall amitie betwixt England and Scotland . The occasion whereof God had so offered , that to many men it appeared that from heaven he had declared his good pleasure in that behalfe . For to King Henry , of Iane Seymer ( after the death of Queene Katherine , and of all others that might have made his Marriage suspect ) was given a sonne , Edward the sixth of blessed memory , elder some yeeres then our Mistresse ; and unto us was left a Queene , as before we have heard . This wonderfull providence of God caused men of greatest judgement to enter into disputation with themselves , Whether that with good conscience any man might repugne to the desires of the King of England , considering that thereby all occasion of Warre might be cut off , and great commodity might ensue to this Realme . The offers of King Henry was so large , and his demands so reasonable , that all that loved quietnesse were content therewith . There were sent from the Parliament to King Henry in Commission , Sir Iames Lermont , and M. Henry Balnevis , who long remaining in England , so travailed , that all things concerning the Marriage betwixt Edward the sixth and Mary Queen of Scots was agreed upon , except the time of her deliverance to the custody of English-men . Upon the finall conclusion of the which head , were added to the former Commissioners , William Earle of Glencarne , and Sir George Dowglas , to whom was given ample Commission and good Instructions . In Scotland remained M. Radulph Saidlaire : advertisements past so frequently betwixt , yea , the hands of our Lords liberally were anointed , besides other commodities promised , and of some received , for divers Prisoners taken at Solway mosse , were sent home free upon promise of their fidelity , which as it was kept , the issue will witnesse . But in the end so well were all once content , ( the Cardinall , the Queene , and the faction of France ever excepted ) that solemnely in the Abbey of Hallyrud-house was the Contract of Marriage made , betwixt the persons aforesaid , together with all the Clauses and Conditions requisite for the faithfull observation thereof , read in publike audience , subscribed , sealed , approoved , and allowed of the Governour for his part , Nobilitie and Lords for their parts , and that nothing should lacke that might fortifie the matter was Christs Body sacred ( as Papists terme it ) broken betwixt the said Governour and M. Saidlar Ambassadour , and received of them both , as a signe and token of the unitie of their mindes , immediately to keepe that contract in all points , as they looked of Christ Jesus to be saved , and after to be reputed men unworthy of credit before the world . The Papists raged against the Governour , and against the Lords that had consented and abode fast to the Contract , and to confound all as after follows . But upon the returning of the aforesaid Ambassadours from England , pacification was made for that time , for by the judgements of eight persons for either partie chosen , to judge whether that any thing was done by the said Ambassadours in the Contracting of that Marriage , which to do , they had not sufficient power from the Counsell and Parliament . It was found that all things were done according to their Commission , and that so they should stand . And so were the Seales of England and Scotland interchanged . Master Iames Fowles , then Clerke of the Register , received the great Seale of England : And Master Saidlare received the great Seale of Scotland . The heads of the Contract we passe by . These things newly ratified , the Merchants made preparation to Saile , and to their Traffique , which by the troubles of Warres had some yeeres been hindered . From Edinburgh were fraughted twelve Ships richly laden , according to the wares in Scotland : From other Townes and Ports departed other , who all arrived upon the coasts of England toward the South , to wit , in Yarmouth ; and without any great necessity entred not onely Roads , but also within Ports and places of commandment , and where that Ships might be arrested . And because of the late contracted amitie and gentle entertainement that they found at the first , they made no great dispatch : But being ( as they supposed ) in security , in merrinesse they spent the time , abiding upon the winde . In this meane time arrived from France to Scotland the Abbot of Paislay ( called now of late Iohn Hamilton , bastard brother to the Governour , whom yet many esteemed sonne to the old Bishop of Dunikelden , called Crichton ( and with him M. David Panter , who after was made Bishop of Rosse . The brute of the learning of these two , and their honest life , and of their fervencie and uprightnesse in Religion was such , that great hope there was that their presence should be comfortable to the Church of God. For it was constantly affirmed of some , that without delay , the one or the other would go to the Pulpit , and truely Preach Jesus Christ. But few dayes disclosed their hypocrisie . For what terrours , what promises , or what enchaunting boxes they brought from France , the common people knew not . But shortly after , it was seene that Frier Guilliam● was inhibited to Preach , and so departed into England : Iohn Rough to Kylle ( a receptacle of Gods servants of old . ) The men of counsell , judgement , and godlinesse that had travailed to promote the Governour , and that gave him faithfull counsell in all doubtfull matters , were either craftily conveyed from him ; or else by threatning to be hanged were compelled to leave him . Of the one number was the Laird of Grange aforesaid , M. Henry Balneves , M. Thomas Ballenden , and Sir David Lindesay of the Mount : Men by whose labours he was promoted to honour , and by whose councell he so used himselfe at the beginning , that the obedience given to him was nothing inferiour to that obedience that any King of Scotland of many yeeres had before him , yea , in this it did surmount the common obedience , in that it proceeded from love of those vertues that was supposed to have beene in him . Of the number of these that were threatned , were M. Michael Durham , M. David Borthinke , David Forresse , and David Bothwell : who counselled him to have in company with him , men fearing God , and not to nourish wicked men in their iniquity , albeit they were called his friends , and were of his surname : This counsell understood by the aforesaid Abbot , and by the Hamiltons ( who then repaired to the Court , as Ravens to the Carrion ) in plaine words it was said , My Lord Governour nor his friends will never be at quietnesse , till a dozen of these knaves that abuse his Grace be hanged . These words were spoken in his own presence , and in the presence of some of them that had better deserved , then to have beene so used : the speaker was allowed for his plain and bold speaking . And so the wicked counsell followed , honest and godly men left the Court and him , in the hands of such as by their wicked counsell led him so far from God , that he falsified his promise , dipt his hands in the blood of the Saints of God , and brought this Common-wealth to the very point of utter ruine . And these were the first fruits of the Abbot of Paislay his counterfeit Godlinesse and Learning : But hereof we will heare more . All honest and godly men banished from the Court , the Abbot and his counsell beginneth to lay before the inconstant Governour , the dangers that might ensue the alteration and change of Religion . The power of the King of France , the commodity that might come to him and his house , by retaining the ancient League with France , and the great danger that he brought upon himselfe , if in one jote he suffereth the authority of the Pope to be violated or called in doubt within this Realme : Considering that thereupon onely stood the security of his pretended right to the succession of the Crowne of this Realme : For by Gods word could not be good the divorcement of his father from Eliz. Hume , sister to the Lord Hume , his lawfull wife , and consequently his marriage with Beton , Neece to Iames Beton , Bishop of S. Andrews ( Elizabeth Hume being alive ) must be null , and he declared Bastard . Caiphas spake Prophesie , and yet wist not what he spake : For at that time there was hardly any man that truely feared God that minded any such thing , but with their whole force would have fortified him in the place that God had given unto him , and would never have called in question things done in time of darknesse . But this head we passe by till God declare his will therein . Another practise was used : As for the Cardinall , he being set at libertie ( as before we have heard ) ceased not to traffique with such of the Nobility as he might draw to his faction , or corrupt by any meanes , to raise a partie against the said Governour , and against such as stood fast at the Contract of Marriage and Peace with England . And so assembled at Lynlytquow , the said Cardinall , the Earles Argyle , Huntlie , Bothwell , the Bishops and their bands . And thereafter they passed to Strevelin , and took with them both the Queenes , the mother and the daughter ; and threatned the deposition of the said Governour , as Inobedient to their holy Mother the Church ( so terme they that harlot of Babylon , Rome ) The inconstant man , not thorowly grounded upon God , left ( by his owne fault ) destitute of all good counsell , and having the wicked ever blowing in his eare , What will you do ? you will destroy your selfe and your house both for ever . The unhappy man ( we say ) beaten with these temptations , rendred himselfe to the appetites of the wicked ; for he quietly stole away from the Lords that were with him in the Palace of Halyrud-house , past to Sterlin , subjected himselfe to the Cardinall and to his Councell , received absolution , renounced the profession of Christ Jesus his holy Gospel ▪ and violated his Oath that before he had made , for the observation of the Contract and League made with England . At that time was our Queene crowned , and a promise made to France . The certainty hereof coming to King Henry , our Scottish Ships were stayed , the Sailes taken from the Rigs , and the Merchants and Mariners were commanded to sure custody . New Commission was sent to Master Radulph Saidler ( who then still remained in Scotland ) to demand the cause of that sudden alteration , and to travell by all meanes possible , that the Governour might be called back to his former godly purpose , and that he would not do so foolishly , and dishonestly , yea , so cruelly and unmercifully to the Realme of Scotland : that he would not onely lose the commodities offered , and that were presently to be received . But that also that he would put it to the hazard of fire and sword , and other inconveniences that might ensue the war that was to follow upon the violation of his Faith. But nothing could availe . The devil kept fast the grype that he got , yea all the dayes of his government : For the Cardinall got his eldest son in pledge , whom he kept in the Castle of S. Andrews , while the day that Gods hand punished his pride . King Henry perceiving that all hope of the Governours repentance was lost , called back his Ambassadours , and that with fearfull threatnings as Edinburgh after felt : Denounced War , made our Ships prises , and Merchants and Mariners lawfull prisoners , which to the Broughes of Scotland was no small hership . But thereat did the Cardinall and Priests laugh , and jestingly he said , When we shall conquer England the Merchants shall be recompensed . The Summer and the Harvest passed over without any notable thing : For the Cardinall and Abbot of Paislay parted the prey amongst them ; The abused Governour bare the name onely . In the beginning of Winter came the Earle of Lenox to Scotland , sent from France in hatred of the Governour , whom the King ( by the Cardinals advice ) promised to pronounce Bastard , and so to make the said Earle Governour ; First , because he himselfe was borne by Beto● , his fathers lawfull wife , Elizabeth Humes being yet alive ; Next , because his Grandfather was borne by Mary Stuart to Iames Hamilton , when her lawfull husband Thomas Bo●d was yet alive . So the Earle of Lenox did not onely pretend to be lawfully next to the Crowne , as the late King Iames the fifth did often declare , That if he died without heire male , he would settle the Crowne upon him , but also lawfull heire of the Earledome of Arran , as being descended from Margaret Hamilton , borne to Mary Stuart and Iames Hamilton , after the death of Thomas Boyd her former husband ( now by this time the inconstant Earle of Arran had given himselfe wholly to the Cardinall ) The Cardinall farther put the E. of Lenox in vain hope that the Queen Dowager should marry him . He brought with him some money and more he after received at the hands of Labrosse . But at length perceiving himselfe frustrate of all expectation that he had , either by France , or yet by the promise of the Cardinall ; he concludeth to leave France , and to seek the favour of England : And so began to draw a faction against the Governour , and in hatred of the others inconstancy many favoured him in the beginning : For there assembled at Christmas in the Town of Ayre , the Earles of Angus , Glencarne , Cassilles ; The Lord Maxwell , The Laird of Dumlanrig , The Sheriffe of Ayre , Campbell ; with all the force that they and the Lords that remained constant at the opinion of England might make ; and after Christmas they came to light . The Governour and Cardinall with their forces kept Edinburgh ( for they were slackly pursued ) Men excused the Earle of Lenox in that behalfe , and laid the blame upon some that had no will of the Stewards Regiment . Howsoever it was , such an appointment was made , that the said Earle of Lenox was disappointed of his purpose , and narrowly escaped , and first gat him to Glasgow , and after to Dumbartane . Sir George Dowglas was delivered to be kept as pledge . The Earle his brother was in the Lent after taken at the siege of Glasgow . It was bruted , that both the brethren , and others with them had lost their heads , if by the providence of God the English Armie had not arrived in time . After that the Cardinall had gotten the Governour wholly addict to his devotion , and had obtained his intent above a part of his enemies : He began to practise , how that such as he feared , and therefore deadly hated , should be set by the eares , one against another ( for in that thought the carnall man put his greatest securitie ) The Lord Ruthwen he hated , by reason of his knowledge of Gods Word . The Lord Gray he feared , because at that time he used the company of such as professed godlinesse , and bare small favour to the Cardinall . Now thus reasoned the worldly wise man ; If I can put enmity betwixt these two , I shall be rid of a great number of unfriends ; For the most part of the Countrey will either assist the one or the other , and so will they be otherwise occupied , then to watch for my displeasure . He finds the means without long processe ; for he labours with Iohn Chartarous ( a man of stout courage and many friends ) to accept the Provostrie of S. Iohnston , which he purchased to him by donation of the Governour , with a charge to the said Towne , to obey him as their lawfull Provost : Whereat not onely the said Lord Ruthwen , but also the Towne being offended , gave a negative answer ; alleadging that such intrusion of men to office was hurtfull to their priviledge and freedom : which granted unto them free election of their Provost from yeere to yeere , at a certain time appointed , which they could not nor would not anticipate . Hereat the said Iohn , offended , said , That he would take that office by force , if they would not grant it unto him of benevolence . And so departed and communed the matter with the Lord Gray , with Norman Leslie , and with others his friends , whom he easily perswaded to assist him in that pursuit . Because he appeareth to have the Governours right , and had not onely a charge to the Towne , as is said , but also he purchased Letters to besiege it , and to take it by strong hand , if any resistance were made unto him . Such letters , we say , made many to favour his action . The other made for defence , and so took the Master of Ruthuen , ( the Lord that after departed into England ) the maintenance of the town , having in his company the Laird of Montcreif , and other friends adjacent . The said Iohn prepared for the pursuit , and upon Saint Magdalens day in the morning , anno . 1543. approached with his Forces ( the Lord Grey tooke upon him the principall charge . It was appointed , that Norman Lesley , with his friends , should have come by Ship with Munition and Ordnance , as they were in readinesse . But because the Tyde served not so soon as they would : the o●●er thinking himself of sufficient force for all that were in the Towne , entred in by the Bridge , where they found no resistance , till that the former part was entered a pretty space within the Fish-Gate ; And then the said Master of Ruthuen with his Company stoutly recountred them , and so rudely repulsed the foremost , that such as were behinde gave back . The place of the retreat was so strait , that men that durst not fight , could not flie at their pleasure ( for the most part of my Lord Grayes friends were upon the Bridge ) and so the slaughter was great ; for there fell by the edge of the Sword threescore men * . The Cardinall had rather that the mishap had fallen on the other part : but howsoever it was , he thought that such trouble was his comfort , and advantage . The knowledge whereof came to the ears of the party discomfited , and was unto them no small grief . For as many of them entred into that action for his pleasure , so thought they to have had Fortification and assistance ; whereof finding themselves frustrate , they began to look more narrowly to themselves , and did not so attend upon the Cardinals devotion , as they had wont to do before : and so was a new jealousie engendered among them ; for whosoever would not play the good servant unto him , was reputed his enemy . The Cardinall drew the Governour to Dundie ; for he understood that the Earle of Rothesse , and Master Henry Balnaveis were with the Lord Gray in the Castle of Huntley . The Governour sent and commanded the said Earle and Lord , with the foresaid Master Henry to come unto him to Dundie , and appointed the next day , at ten of the clock before noon ; which hour they decreed to keep , and for that purpose assembled their folks at Balgavie , or thereby . The Cardinal advertised of their number ( they were no more than 300 men ) thought it not good that they should joyn with the Towne ; for he feared his owne estate , and so he perswaded the Governour to passe forth of Dundie before nine hours , and to take the straight way to S. Iohnston : which perceived by the foresaid Lords , they began to fear that they were come to pursue them , and so put themselves in order , and array , and marched forward of purpose to have bidden the uttermost . But the crafty fox foreseeing that in fighting stood not his security , ran to his last refuge , that is , To manifest Treason , and so consultation was taken how that the force of the others might be broken . And at the first were sent the Laird of Grange , and the Provost of S. Andrews ( knowing nothing of the Treason ) to ask why they molested my Lord Governour in his journey . Whereto they answered , That they meant nothing lesse , for they came at his Graces Commandment , to have kept the houre in Dundie appointed by him ; which because they saw prevented , and knowing the Cardinall to be their friend , they could not but suspect their unprovided coming forth of the Towne , and therefore they put themselves in order , not to invade , but to defend , in case they were invaded . This answer reported , was sent to the Bishop of Saint Audrewes , the Abbot of Paisley , Master David Panter , the Lairds of Balcleuch and Coldinknowes , to desire certain of the other company to talk with them ; which they easily obtained ( for they suspected no treason . ) After long communication , it was demanded , If that the Earle and Lord , and Master Henry aforesaid , would not be content to talk with the Governour , provi●ed that the Cardinall and his company were on the place : They answered , That the Governour might command them in all things lawfull . But they had no will to be in the Cardinals mercy . Fair promises enow were made for their security . Then was the Cardinall and his Band commanded to depart , as that he did , according to the purpose taken . The Governour remained , and a certain number with him : To whom came without company , the said Earle , Lord , and M. Henry . After many fair words given to them all , to wit , That he would have them agreed with the Cardinall , and that he would have Master Henry Balnaves the worker and instrument thereof , he drew them forwards with them towards Saint Iohnston , whereto the Cardinall was ridden . They began to suspect ( albeit it was too late ) and therefore they desired to have returned to their folks , for putting order unto them : But it was answered , They should send back from the town , but they must needs go forward with my Lord Governour : and so , partly by flattery , and partly by force , they were compelled to obey ; and as soon as they were in the Towne , they were apprehended , and on the morrow sent all three to the Black Nesse , where they remained as it pleased the Cardinals gracelesse Grace , and that was till the Band of Manred , and of service , set some of them at liberty . And thus the Cardinal with his craft perswaded on every side ; so that the Scots Proverb was true in him , So long rinnes the Fox , as he fute hes . Whether it was at this journey , or at another , that that bloody butcher executed his cruelty upon the innocent persons in S. Iohnston , we cannot affirme : neither yet therein study we to be curious , but rather we travell to expresse the verity , whensoever it was done , than scrupulously and exactly to appoint times ▪ which yet we omit not , when the certainty occurres . The verity of that cruell fact is this ; At S. Pauls day , before the first burning of Edinburgh , came to S. Iohnston the Governour and Cardinall , and there upon envious delation , were a great number of honest men and women called before the Cardinall , and accused of heresie . And albeit they could be convinced of nothing , but onely of suspition that they had eaten a Goose upon Friday , four men were adjudged to be hanged , and a woman to be drowned ; which cruell and most unjust sentence , was without mercy put in execution : the husband was hanged , and the wife , having a sucking babe upon her brest , was drowned . O Lord , the Land is not yet purged from such beastly cruelty , neither hath thy just vengeance yet stricken all that were criminall of their blood . But the day approacheth when that the punishment of that cruelty , and of others , will evidently appears . The names of the men that were hanged , were , Iames Hunter , William Lambe , William Anderson , Iames Ruvals , Burgesse of Saint Iohnston . At that same time were banished , Sir Henry Eldar , Iohn Eldar , Walter Piper , Laurence Pullar , with divers others , whose names come not to our knowledge . That sworn enemy to Christ Jesus , and unto all in whom any spark of knowledge appeared , had about that time in prison divers ; amongst whom was Iohn Roger , a black Frier , godly and learned , one that had fruitfully preached Christ Jesus , to the comfort of many in Angus and Mearnes , whom that bloody man caused to murther in the ground of the Sea Tower in S. Andrews , and then caused to cast him over the wall , spreading a false brute , That the said Iohn seeking to flie , had broken his own neck . This ceased not Sathan by all means to maintaine his kingdome of Darknesse , and to suppresse the light of Christs Gospel . But mighty is he against whom they ●●ght : for when the wicked were in greatest security , then began God to show his anger . For the third day of May , in the yeer of our Lord 1544 yeers , without knowledge of any man in Scotland , ( we mean of such as should have had the care of the Realme ) was seen a great Navy of Ships arriving towards the Fyrth . The Posts came to the Governour and Cardinall ( who both were in Edinburgh ) what multitude of Ships were seen , and what course they took . This was on the Saturday before noon . Question was had , What should they mean ? Some said , It is no doubt but they are English-men , and we fear that they will land . The Cardinall skipped , and said , It is the Island flote , they are come to make a shew , and to put us in fear . I shall lodge all the men of Warre in mine eye , that shall land in Scotland . Still sitteth the Cardinall at his dinner , eating as though there had been no danger appearing . Men assembled to gaze upon the Ships , some to the Castle hill , some to the mountains , and other places eminent . But there was no question , With what Forces shall we resist , if we be invaded . Soon after six of the clock at night , were arrived , and had cast Ankor in the Road of Leith , more than two hundred Sail. Shortly after , the Admirall shot a flott Boat , which from Granton hills , till by East Leith , sounded the deep , and so returned to her Ship. Hereof were divers opinions ; men of judgement foresaw what it meant , but no credit was given to any that would say , They minded to land , and so passed every man to his rest , as if the Ships had been a guard for their defence . Upon the point of day upon Sunday the fourth of May , addresse they for landing , and they ordered the Ships so , that a Galley or two laid their snouts to the hills : the small Ships , called Pinnaces and light Horse-men , approached as neer as they could . The great Ships discharged their Souldiers into the smaller Vessels , and they by Boats set upon dry Land before ten of the clock , 10000 men , as was judged , and more . The Governour and Cardinall seeing then the thing that they could not , or at least they would not believe before , after they had made a brag to fight , fled as fast as horse could carry them ; so that after , they approached not within twenty miles of the danger . The Earle of Angus , and Sir George Dowglas were that night freed of Ward ( they were in Blacknesse ) The said Sir George in merrinesse , said , I thanke King Henry , and my gentle Masters of England . The English Army betwixt one and two of the clock entered into Leith , found the Tables covered , the dinners prepared , such abundance of wine and victualls , besides the other substance , that the like riches within the like bounds was not to be found neither in Scotland nor England . Upon Munday the fifth of May , came to them from Barwick and the borders , two thousand Horse-men , who being somewhat reposed , the Army upon the Wednesday marched toward the Town of Edinburgh , spoiled and burnt the same , and so did they the Palace of Halyrud-house . The Horse-men took the House of Craigmiller , and gat great spoils therein ; for it being judged the strongest House neer the Towne , after the Castle of Edinburgh , and all men sought to save their moveables therein . But the stoutnesse of the Laird gave it over , without shot of Hacke but , and for his reward was caused to march upon his feet to London : He is now Captain of Dumbar , and Provost of Edinburgh . The English-men seeing no resistance , hurled by force of men Cannons upon the street , to the Butter trone , and above , and hazarded a shot against the fore-entry of the Castle ; but that was to their own pains ; For they lying without Trench or Gabion , were exposed to the force of the whole Ordnance of the said Castle , which shot , and that not all in vain , for the Wheel and Axletree of one of the English Cannons was broken , and some of their men slain , and so they left with small honour , that enterprise taken rather of rashnesse , than of any advised counsell . When the most part of the day they had spoiled and burnt , towards the night they returned to Leith , and upon the morrow returned to Edinburgh , and executed the rest of Gods judgements for that time . And so when they had consumed both the Towns , they laded the Ships with the spoiles thereof , and they by Land returned to Barwick , using the Countrey , for the most part , at their own pleasure . This was a part of the punishment which God took upon the Realm for the infidelity of the Governour , and for the violation of his solemne Oath . But this was not the end ; for the Realme was divided into two factions ; the one favoured France , the other the League lately contracted with England : The one did in no things credit thorowly the other , so that the Countrey was in extreme calamity : for to the English-men were delivered divers Strengths , such as Carelaverock , Lochmaben , and Langham : the most part of the Borderers were confederate with England : And albeit at Ancrome mure in February , in the yeer of God 1544. was Sir Rafe Ewers , with many other English-men slain , and the yeere after were some of the said strengths recovered , yet was it not without great losse and detriment of the Common-wealth : For in the month of Ianuary , in the yeer of God 1545. Monsieur de Lorge , with Bands of men of War , came from France , for a destruction to Scotland : For upon their brag was an Army raised ; forwards they go towards Warke , even in the midst of harvest . The Cardinalls Banner was that day displayed , and all his Files were charged : to be under it many had before promised , but at the point it was left so bare , that with shame it was shut up into the pock againe , and they after a shew returned with more shame to the Realm , then hurt to their enemies . The black book of Hamilton maketh mention of great vassallage done at that time by the Governour and the French : but such as with their eyes saw the whole progresse , knew that to be a lye , and do repute it amongst the veniall sinnes of that race , which is to speak the best of themselves they can . That winter following so nurtured the French-men , that they learned to eat ( yea to beg ) cakes ( which at their entrie they scorned ) without jesting ; they were so miserably used , that few returned into France again with their lives . The Cardinall then had almost fortified the Castle of S. Andrews , which he made so strong in his opinion , that he regarded neither England nor France . The Earle of Lenox , as is said , disappointed of all things in Scotland , passed into England , where he was received of King Henry into protection , who gave him to wife Lady Margaret Dowglas , of whom was borne Henry , sometime husband to our Queen and Mistresse . While the inconstant Governour was sometimes dejected , and sometimes raised up againe by the Abbot of Paislay ( who before was called , Chaster then any maiden ) began to shew himselfe ; for after he had taken by craft the Castles of Edinburgh and Dumbar , he took also possession of his enemies wife , the Lady Stanehouse . The woman is and hath been famous , and is called , Lady Gilton : her Ladyship was holden alwayes in poverty . But how many wives and virgins he hath had since , and that in common , the world knoweth , albeit not all , and his bastard birds bear some witnesse . Such is the example of holinesse , that the flock may receive of the Papisticall Bishops . In the midst of all the calamities that came upon this Realme , after the defection of the Governor from Christ Jesus , came into Scotland that blessed Martyr of God M. George Wischarde , in company of the Commissioners before mentioned in the yeere of our Lord 1544. a man of such graces , as before him was never heard within this Realme , yea , and are rare to be found yet in any man , notwithstanding this great light of God that since his dayes hath shined unto us : he was not onely singularly learned , as well in all Godly knowledge , as in all honest humane Science : but also he was so clearely illuminated with the spirit of Prophesie , that he saw not onely things pertaining to himselfe , but also such things as some Townes , and the whole Realme afterward felt , which he forespake not in secret , but in the audience of many , as in their own places shall be declared . The beginning of his Doctrine was in Mount Rosse , therefrom he departed to Dundie , where with great admiration of all that heard him , he taught the Epistle to the Romanes : till that by procurement of the Cardinall , Robert Myle , then one of the principall men in Dundie , and a man that of old had professed knowledge , and for the same had suffered trouble , gave , in the Queenes and Governours name , Inhibition to the said Master George , that he should trouble their Towne no more , for they would not suffer it : And this was said to him being in the publike place ; which heard , he mused a pretie space , with his eyes bent unto the heaven . And thereafter looking sorrowfully to the speaker , and unto the people , he sayd , God is witnesse that I never minded your trouble , but your comfort : yea , your trouble is more dolourous unto me , then it is unto your selves : But I am assured , that to refuse Gods word and to chase from yo● his messenger shall not preserve you from trouble , but it shall bring you into it : For God shall send unto you messengers who will not be afraid of burning , nor yet for banishment . I have offered unto you the word of Salvation , and with the hazard of my life I have remained amongst you . Now ye your selves refuse me , and therefore must I leave my Innocencie to be declared by my God , if it be long prosperous with you , I am not led with the Spirit of Truth . But if trouble unlooked for apprehend you , acknowledge the cause , and turne to God. For he is mercifull , but if ye turne not at the first , he will visit you with fire and sword . These words pronounced , he came downe from the Preaching place . In the Church present was the Lord Marshall , and divers noble men , who would have had the said M. George to have remained , or else to have gone with them into the Countrey . But for no request would he either tarry in the towne or on that side of Tay any longer . But with possible expedition past to the West-land , where he began to offer Gods word , which was of many gladly received , till that the Bishop of Glasgow , Dumbar , by instigation of the Cardinall , came with his gatherings to the Towne of Ayre to make resistance to the said M. George , and did first take the Church . The Earle of Glencarne being thereof advertised , repaired with his friends to the Towne with diligence , and so did divers Gentlemen of Kyle ( amongst whom was the Laird of Lefnoreise , a man far different from him that now liveth , in the yeere of our Lord 1566. in manners and Religion ) of whom to this day yet many live , and have declared themselves alwayes zealous and bold in the cause of God , as after will be heard . When all were assembled , conclusion was taken that they would have the Church . Whereto the said M. George utterly repugned● saying , Let him alone , his Sermon will not much hurt ▪ Let us go to the Market Crosse : And so they did , where he made so notable a Sermon , that the very enemies themselves were confounded . The Bishop Preached to his Jackmen , and to some old Bosses of the Towne . The sum of all his Sermon was , They say we , should Preach ; Why not ? Better late thrive , then never thrive . Hold us still for your Bishop ; and we shall provide better the next time . This was the beginning and the end of the Bishops Sermon : Who with haste departed the Towne , but returned not to fulfill his promise . The said M. George remained with the Gentlemen in Kyle , till that he gat sure knowledge of the estate of Dundie . He Preached commonly at the Church of Gastonne , and used much in the Barrie . He was required to come to the Church of Machlyne , and so he did : But the Sheriffe of Ayre caused to man the Church , for preservation of a Tabernacle that was there beautifull to the eye . The persons that held the Church was George Campbell of Mongarswood , that yet liveth Anno 1566. Mung● Campbell of Bro●●syde , George Rid in Dandilling the Laird of Tempilland . Some zealous of the Parish , amongst whom was Hugh Campbell of Kingarcleuch , offended that they should be debarred their Parish Church , concluded by force to enter . But the said M. George withdrew the said Hugh , and said unto him , Brother , Christ Iesus is as mighty upon the fields as in the Church ; And I finde that ●e himselfe after Preached in the Desert , at the sea side , and other places judged prophane then , he did in the Temple of Jerusalem . It is the word of Peace that God sends by me : The blood of no man shall be shed this day for the Preaching of it . And so withdrawing the whole people , he came to a ditch in a More-edge , upon the South-west side of Machlyne , upon the which he ascended : The whole multitude stood and sate about him ( God gave the day pleasant and hot ) he continued in Preaching more then three houres : In that Sermon God wrought so wonderfully with him , that one of the most wicked men that was in that countrey , named Larence Ranckin , Laird of Sheld , was converted . The teares ran from his eyes in such abundance , that all men wondered ; His conversion was without hypocrisie , for his life and conversation witnessed it in all times to come . While this faithfull servant of God was thus occupied in Kyle , word rose , that the Plague of Pestilence rose in Dundie , which began foure dayes after that the said M. George was inhibited Preaching , and was so vehement , that it passed almost credibility , to hear how many departed every foure and twenty houres . The certainty understood , the said Master George tooke his leave of Kyle , and that with the regrate of many . But no request could make him to remain ; His reason was , They are now in trouble , and they need comfort : Perchance this hand of God will make them now to magnifie and reverence that word which before ( for the feare of men ) they set at l●ght price . Coming unto Dundie , the joy of the faithfull was exceeding great . He delayed no time , but even upon the morrow gave signification that he would Preach . And because the most part were either sick , or else were in company with those that were sick , he choosd the head of the East port of the Towne for his Preaching place , and so the whole stood or sat within , the sick and suspected without the Port or gate . The Text upon the which his first Sermon was made , he took from the hundred and seventh Psalme ; The Sentence thereof , He sent his Word and healed them ; And therewith joyned these words , It is neither herbe nor plaister , O Lord , but thy Word healeth all . In which Sermon he most comfortably did entreat of the dignity & utility of Gods word , the punishment that comes for the contempt of the same ; the promptitude of Gods mercy to such as truly turn to him ; yea , the great happinesse of them whom God taketh from this misery , even in his own gentle visitation , which the malice of man can neither mend nor pair . By the which Sermon he so raised up the hearts of all that heard him , that they regarded no death , but judged them more happy that should depart , then such as should remain behinde . Considering that they knew not if they should have such a comforter with them at all times . He spared not to visit them that lay in the very extremity . He comforted them as he could , being such a multitude ; He caused minister all things necessary to those that could use meat or drink , and in that point was the Town wonderous beneficiall ; for the poore was no more neglected then was the rich . While he was spending his life to comfort the afflicted , the Devill ceased not to stir up his owne son the Cardinall again , who corrupted by money a desperate Priest , named Sir Iohn Weighton , to slay the said M. George , who looked not to himselfe in all things so circumspectly as worldly men would have used . And upon a day the Sermon ended and the people departing , no man suspecting danger , and therefore not heeding the said M. George ; The Priest that was corrupted stood waiting at the foot of the steps , his gowne loose , and his dagger drawne in his hand under his gowne . The said Master George , as that he was most sharpe of eye and judgement , marked him , and as he came neere , he said ; My friend , what would you do ? And therewith he clapped his hand upon the Priests hand wherein the dagger was , which he took from him . The Priest abashed fell down at his feet , and openly confessed the verity as it was . The noise rising , and coming to the eares of the sicke . They cryed , Deliver the traytor to us , or else we will take him by force ; And so they burst in at the gate : But M. George took him in his armes , and said , Whosoever troubles him shall trouble me , for he hath hurt me in nothing , but he hath done great comfort to you and me , to wit , he hath let us to understand what we may feare , in times to come we will watch better : And so he appeased both the one part and the other , and saved the life of him that sought his . When the Plague was so ceased that almost there was none sicke , he tooke his leave of them , and said , That God had almost put an end to that battell . He found himselfe called to another place . The Gentlemen of the West had written unto him that he should meet them at Edinburgh ; for they would require Disputation of the Bishops , and that he should be publikely heard , whereto he willingly agreed . But first he passed to Montrosse to salute the Church there , where he remained , occupied sometimes in Preaching , but most part in secret Meditation : In the which he was so earnest , that night and day he would continue in it , while he was so occupied with his God , the Cardinall drew a secret draught for his slaughter ; He caused to write unto him a Letter , as it had been from his most familiar friend , the Laird of Kinneir , desiring him with all possible diligence to come unto him , for he was stricken with a sudden sicknesse . In the mean time had the traitor provided 60 men with Jacks and Spears to lie in wait within a mile and halfe to the town of Montrosse for his dispatch . The Letter coming to his hand , he made haste at first ( for the boy had brought a horse ) and so with some honest men he passed forth of the Town , but suddenly he stayed , and musing a space , returned back , whereat they wondring , he said , I will not go , I am forbidden of God , I am assured there is treason ; Let some of you , saith he , go to yonder place , and tell me what ye finde . Diligence made ; They found the Treason as it was , which being shewn with expedition to M. George , he answered , I know that I shall end my life in that blood-thirstie mans hands , but it will not be on this manner . The time approaching that he had appointed to meet the Gentlemen at Edinburgh , he tooke his leave at Montrosse , and sore against the judgement of the Laird of Dune , entred on his journey , and so returned to Dundie . But remained not , but passed to the house of a faithfull brother named Iames Watson , who dwelt in Inner-Gowrie , distant from the said Towne two miles , and that night ( as information was given to us , by William Spadin and Iohn Watson , both men of good credit ) before day he passed forth into a yard , the said William & Iohn followed privily , and tooke heed what he did , when he had gone up and down in an alley a reasonable space , with many sobs and deep grones , h● fell upon his knees , and sitting thereon , his grones increased . And from hise knees he fell upon his face . And then the persons aforenamed , heard weeping , and as it were , an indigest sound of prayers , in the which he continued neer an hour , and after began to be quiet , and so arose , and came into his bed . They that waited upon him came before , as if they had bin ignorant , till that he came in , and then began they to demand where he had been : But that night he would answer nothing . Upon the morrow they urged him again ; and while that he dissembled , they said , M. George , Be plain with us , for we heard your mourning , and saw you both upon your knees , and upon your face . With dejected visage , he said , I had rather ye had been in your beds , and it had been more profitable for you ; for I was scarce well occupied . When they instantly urged him to let them know some comfort , he said , I will tell you , That I am assured that my travell is neer an end , and therefore call to God with me , that now I shrinke not when the battell waxes most hot . And while that they weeped and said , That was small comfort unto them ; he answered , God shall send you comfort after me . This Realme shall be illuminated with the light of Christs Gospel , as cleerly as ever any Realme since the dayes of the Apostles . The House of God shall be builded in it ; yea , it shall not lack ( whatsoever the enemy imagine in the contrary ) the very Kepstone , meaning , That it should once be brought to the full perfection . Neither ( said he ) shall this be long to ▪ there shall not many suffer after me , till that the glory of God shall evidently appeare , and shall once triumph in despight of Sathan . But alas , if the people shall be after unthankfull , then fearfull and terrible shall the plagues be that shall follow . And with these words he marched forwards in his journey towards S. Iohnston , and so to Fyfe , and then to Leyth , where he arrived ; and hearing no word of those that appointed to meet him , to wit. The Earle of Cassels , and the Gentlemen of Kyle and Cuninghame , he kept himself secret a day or two . But beginning to wax sorrowfull in spirit , and being demanded of the cause , of such as were not in his company before , he said , What differ I from a dead man , except that I eat and drinke ? To this time God hath used my labours to the instruction of others , and unto the disclosing of darknesse , and now I lurke as a man that were ashamed , and durst not shew himself before men . By these and the like words , they that heard him understood that his desire was to preach , and therefore said , Most comfortable it was unto us to hear you ; but because we know the danger wherein ye stand , we dare not desire you . But dare ye and others hear ( said he ) and then let my God provide for me as best pleaseth him . Finally , it was concluded , That the next Sunday he should preach in Leith , as he did , and took the Text , The Parable of the sower that went forth to sow seed , Matth. 13. And this was upon the fifteenth day before Christmas . The Sermon ended , the Gentlemen of Lowthan , who then were earnest Professors of Christ Jesus , thought not expedient that he should remain in Leith , because that the Governour and Cardinall were shortly to come to Edinburgh , and therefore they took him with them , and kept him sometimes in Brunston , sometimes in Langnidrie , and sometimes in Ormeston . For these three diligently waited upon him . The Sunday following , he preached in the Church of Enneresk , besides Mussilburgh , both before and at after noon , where there was a great confluence of people , amongst whom was Sir George Dowglas , who after the Sermon said publikely , I know that my Lord Governour . and my Lord Cardinall shall hear that I have been at this preaching ( for they were then at Edinburgh ) Say unto them , That I will avow it , and will not onely maintain the Doctrine that I have heard , but also the person of the Teacher , to the uttermost of my power . Which words greatly rejoyced the people , and the Gentlemen then present . One thing notable in that Sermon we cannot passe by : Amongst others , there came two gray Friers , and standing in the entry of the Church door , they made some whispering to such as came in : which perceived , the Preacher said to the people that stood neer them , I heartily pray you to make room to those two men , it may be that they be come to learne . And unto them he said , Come neer ( for they stood in the very entry of the door ) for I assure you ye shall hear the Word of verity , which shall either seal in you this same day your salvation or condemnation . And so proceeded he in Doctrine , supposing they would have been quiet : But when he perceived them still to trouble the people that stood neer them ( for vehement was he against the false worshipping of God ) he turned unto them the second time , and with an irefull countenance said , O Sergeants of Sathan , and deceivers of the souls of men , Will ye neither heare Gods Truth , nor suffer others to heare it ; Depart , and take this for your portion , God shall shortly confound and disclose your hypocrisie within this Realme ; ye shall be abominable unto men , and your places and habitations shall be desolate . This Sentence he pronounced with great vehemency in the midst of the Sermon : And turning to the people , he said , You wicked men have provoked the Spirit of God to anger . And so he returned to his matter , and proceeded to the end . The dayes travell was ended , he came to Langindrie , and the two next Sundays preached in Tranent , with the like grace , and like confluence of people . In all his Sermons after his departure from Augus , he forespake the shortnesse of the time that he had to travell , and of his death , the day whereof approached neerer than any would believe . In the latter end of those dayes that are called the holy dayes of Christmas , past he , by consent of the Gentlemen , to Hadington , where it was supposed the greatest confluence of people should be , both by reason of the Towne , and of the Countrey adjacent . The first day before noon , the auditors were reasonable , and yet nothing in comparison of that which used to be in that Church . But the afternoon , and the next day following before noon , the auditory was so slender , that many wondred . The cause was judged to have been , That the Earle Bothwell , who in those bounds used to have great credit and obedience , by procurement of the Cardinall , had given inhibition , as well unto the Towne , as unto the Countrey , that they should not hear him , under the pain of his displeasure . The first night he lay within the Towne , with David Forrest , now called the Generall , a man that long professed the truth , and upon whom many in that time depended . The second night he lay in Lethington , the Laird whereof was ever civill , albeit not perswaded in Religion . The day following , before the said M. George past to the Sermon , there came to him a boy , with a Letter from the Westland ; which received and read , he called for Iohn Knox , who had waited upon him carefully from the time he came to Louthaine , with whom he began to enter into purpose , That he wearied of the world , for he perceiveth that men began to be weary of God. The cause of his complaint was ; The Gentlemen of the West had written unto him , That they could not keep the meeting at Edinburgh . The said Io. Knox wondering that he desired to keep any purpose before Sermon ( for that was not his accustomed use before ) said , Sir , the time of Sermon approacheth , I will leave you for the present to your meditation . And so he took the Bill containing the purpose aforesaid , and left him : the said Master George walked up and down behinde the high Altar more than half an houre . His weary countenance and visage declared the grief and alteration of his minde . At last he passeth to the Pulpit ; but the Auditory was small , he should have begun to have treated of the second Table of the Law : but thereof in that Sermon spake he very little . He began on this manner : O Lord , How long shall it be that thy holy Word shall be despised , and men shall not regard their owne salvation ? I have heard of thee , Hadington , That in thee would have been , at any vaine Clarke Play , two or three thousand people ; and now to hear the Messenger of the Eternall God , of all the Towne or Parish , cannot be numbred one hundred persons : Sore and fearfull shall the plagues be , that shall ensue upon of this thy contempt , with fire and sword shalt thou be plagued : Yea , thou Hadington in speciall , strangers shall possesse thee , and you the present inhabitants shall either in bondage serve your enemies , or else ye shall be chased from your own habitations ; and that because ye have not knowne , nor will not know the time of Gods mercifull visitation . In such vehemency and threatning continued that servant of God , neer an hour and an half ; in the which he declared all the plagues that ensued as plainly , as after our eyes saw them performed . In the end he said , I have forgotten my self , and the matter that I should have treated of : But let these my last words concerning publike Preaching remain in your mindes , till that God send you new comfort . Thereafter he made a short Paraphrase upon the second Table , with an Exhortation to patience , to the fear of God , and unto the works of mercy , and so ended , as it were making his last Testament , as the issue declared fully . The Spirit of Truth and of true Judgement were both in his heart and mouth : for that same night was he apprehended before midnight , in the house of Ormeston , by the Earle Bothwell , made for money butcher to the Cardinall . The manner of his taking was thus : Departing from the towne of Hadington , he took his good-night , as it were , for ever , of all his acquaintance , especially from Hewe Dowglas of Langindrie . Iohn Knox pressing to have gone with the said Master George , he said , Nay , returne to your children , and God blesse you ; one is sufficient for one Sacrifice . And so the said Iohn Knox albeit unwillingly obeyed , and returned with Hewe Dowglas of Langindrie , Master George having to accompany him the Laird of Ormeston , Iohn Sandelandes of Calder younger , the Laird of Brounston , and others , with their servants , passed upon foot ( for it was a vehement Frost ) to Ormeston . After supper he held comfortable purpose of Gods chosen children , and merrily said , Methinke that I desire earnestly to sleep : And therewith he said , Shall we sing a Psalm ? And so he appointed the One and fiftieth Psalme , which was put in Scottish Meeter , and began thus , Have mercy on me now good Lord after thy great mercy , &c. Which being ended , he past to his Chamber , and sooner then his common diet , was to passe to bed with these words , And grant quiet rest . Before midnight the place was beset about , that none could escape to make advertisement . The Earle Bothwell came and called for the Laird , and declared the purpose , and said , That it was but in vain to make him to hold his house , for the Governour and the Cardinall with all their power were coming ( and indeed the Cardinall was at Elphinston , not a mile distant from Ormeston ) But if he would deliver the man to him , he would promise upon his Honour , That he should be safe , and that it should passe the power of the Cardinall to do him any harme or hurt . Allured with these words , and taking counsell with the said Master George , ( who at the first word said , Open the gates , the blessed will of my God be done . ) They received in the Earle Bothwell himself , with some Gentlemen with him : To whom Master George said , I praise my God , that so honourable a man as you , my Lord , receiveth me this night , in the presence of these noble men : For now I am assured , That for your Honours sake , ye will suffer nothing any wayes to be done to me , but by the order of Law. I am not ignorant that all their Law is nothing but corruption , and a cloake to shed the blood of the Saints . But yet I lesse fear to die openly , than secretly to be murthered . The said Earle Bothwell answered , I shall not onely preserve your body from all violence that shall be purposed against you against order of Law , but also I promise here in the presence of these Gentlemen , That neither shall the Governour nor the Cardinall have their will of you , But I shall retaine you in mine owne hands , and in mine owne house , till that either I shall make you free , or else restore you in the same place where I receive you . The Lairds aforesaid , said , My Lord , If ye will do as you have spoken , and as we thinke your Lordship will do , then do we here promise unto your Lordship , That not onely we our selves shall serve you all the dayes of our life , but also we shall procure the whole professors within Lothan to do the same . And upon either the preservation of this our brother , or upon his delivery againe to our hands ; we being reasonably advertised to receive him , That we , in the name and behalfe of our friends , shall deliver to your Lordship , or any sufficient man that shall deliver to us againe this servant of God , our Band of Manred in manner requisite . And thus promise made in the presence of God , and hands stricken upon both the parties for observation of the promise , the said Master George was delivered to the hands of the said Earle Bothwell ; who immediately departing with him , came to Elphinston , where the Cardinall was . Who knowing that Calder Younger , and Brunston , were with Iohan Cocburne Laird of Ormeston , sent back with expedition to apprehend them also . The noyse of Horse-men being heard , the servants gave advertisement , That more then departed , or was there before , were returned . And while that they dispute what should be the motive , the Cardinalls Garrison had seized both the outer and inner Close . They called for the Laird , and for the Laird of Calder , who presenting themselves , demanded what their COMMISSION was . To bring you two , and the Laird of Brouneston to my Lord GOVERNOUR . They were nothing content ( as they had no cause ) and yet they made faire countenance , and intreated the Gentlemen to drinke , and to baite their horses , till that they might put themselves in readinesse to ride with them . In this meane time Brounston conveyed himselfe first secretly , and then by speed of foot to Ormiston wood , and from thence to Dundallon , and so escaped that danger ; the other two were put into the Castle of Edinburgh , where the one , to wit , Calder Zounger , remained untill his baud of Manred to the Cardinall , was the meanes of his deliverance : And the other , to wit , Ormiston , freed himselfe by leaping off the wall of the Castle , betwixt ten of the clock and eleven before noon : And so breaking Ward , he escaped prison , which he unjustly suffered . The servant of God M. George Wischarde , was carried first to Edinburgh , thereafter brought backe , for fashion sake , to the house of Hailles againe , which was the principall place that then the Earle Bothwell had in Lothiane . But as gold and women have corrupted all worldly and fleshly men from the beginning , so did they him : For the Cardinall gave gold , and that largely ; and the Queen , with whom the said Earle was then in the Glunders , promised him favour in all his lawfull suites to women : if he would deliver the said M. George , to be kept in the Castle of Edinburgh . He made some resistance at the first , by reason of his promise . But an effeminate man cannot long withstand the assaults of a gracious Queene , and so was the servant of God transported to Edinburgh , where the Cardinall then had a convention of Prelats , wherein somewhat was said of redressing the abuses of the Church , and reforming the lives of the Clergie , but it tooke no effect . M. Wischarde remained but few dayes in Edinburgh : For that bloodie woolfe the Cardinall , ever thirsting after the blood of the servant of God , so travelled with the abused Governour , that he was content that Gods servant should be delivered to the power of that Tyrannie . And so small inversion being made , Pilate obeyed the petition of Caiaphas , and of his fellows , and adjudged Christ to be crucified . The Cardinall seeing it was forbidden by the Canon Law to Priests to sit as Judges upon life and death , although the crime were Heresie , sent to the Governour , desiring him to name some Lay-Judge to pronounce Sentence against M. Wischarde . The Governour had freely condescended to the Cardinalls request , without delay , if David Hamilton of Preston , a godly and wise man , had not remonstrated unto him , That he could expect no better end then Saul , since he persecuted the Saints of God , for that Truth which he professed once with such a shew of earnestnesse ; the profession thereof , being the onely cause of his advancement to that high degree wherein he was : The Governour moved at this Speech of David Hamiltons , answered the Cardinall ; That he would not meddle with the blood of that good man ; and told him , That his blood should be on him , for he himselfe would be free of it . At this the Cardinall was angry , and said he would proceed , and that he had sent to the Governour of meere civility , without any need . And so the servant of God , delivered to the hand of that proud and mercilesse Tyrannie , triumph was made by the Priests . The godly lamented , and accused the foolishnesse of the Governour : For by the retaining of the said M. George , he might have caused Protestants and Papists ( rather proud Romanists ) to have served ; The one , to the end the life of their Preacher might have been saved ; The other , for feare that he should have set him at liberty again , to the confusion of the Bishops . But where God is left ( as he had plainely renounced him before ) what can counsell or judgement availe ? How the servant of God was dealt withall , and what he did from the day that he entred within the sea Tower of S. Andrews , which was in the end of January , in the yeere of God 1546. unto the first of March the same yeere when he suffered , we cannot certainly tell , except we understand he wrote somewhat in prison , but that was suppressed by the enemies . The Cardinall delayed no time , but caused all Bishops , yea , all the Clergie that had any preheminence , to be called to S. Andrews , against the seven and twentieth day of February , that consultation might be had in that question ; which in his minde was no lesse resolved , then Christs death was in the minde of Caiaphas . But that the rest should bear the like burden with him , he would that they should before the world subscribe whatsoever he did . In that day was wrought a wonder , not unlike that which was at the accusation and death of Jesus Christ , when Pilate and Herod , who before were enemies , were made friends , by consenting of them both to Christs condemnation ; differs nothing , except that Pilate and Herod were brethren under their father the Devill , in the estate called Temporall ; And these two of whom we are about to speake , were brethren ( sons of the same father the Devill ) in the estate Ecclesiasticall . If we interlace merrynesse with earnest matters , pardon us good Reader , for the fact is so notable that it deserveth long remembrance . The Cardinall was knowne proud ; and Dumbar Archbishop of Glasgow was knowne a glorious foole : And yet because sometimes he was called the Kings Master , he was Chancellour of Scotland . The Cardinall cometh even the same yeere , in the end of harvest before to Glasgow , upon what purpose we omit . But while they remaine together , the one in the Towne , the other in the Castle ; Question riseth for bearing of their Crosses . The Cardinall alleadged , That by reason of his Cardinalship , and that he was Legatus natus , and Primate within Scotland , in the kingdome of Antichrist ; That he should have the preheminence , and that his Crosse should not onely go before , but that also it should onely be borne wheresoever he was . Good Gukstone Glakstone , the aforesaid Archbishop , lacked no reasons , as he thought , for maintenance of his glory . He was an Archbishop in his owne Diocesse , and in his owne Cathedrall Seat and Church , and therefore ought to give place to no man. The power of the Cardinall was but begged from Rome , and appertaineth but to his own person , and not to his Bishoprick , for it might be , that his successour should not be Cardinall , but his dignity was annexed with his office , and did appertaine to all that ever should be Bishops of Glasgow . Howsoever these doubts were resolved by the Doctors of Divinity of both the Prelats , yet the decision was as ye shall heare ; Comming forth ( or going in , all is one ) at the Queere doore of Glasgow Church , begins striving for state betwixt the Crosse-bearers , so that from glouming they came to shouldring , and so from shouldring they go to buffets , and from dry blowe-neffaling ; and then for charities sake , they cry , Disperst● dedit pauperibus , and essay which of the Crosses was finest mettall , which staffe was strongest , and which Crosse-bearer could best defend his Masters preheminence ; and that there should be no superiority in that behalf , to the ground go both their Crosses . And then began no little fray , but yet a merry game , for rockets were rent , tippets were torne , crowns were knapped , and side gowns might have been seen wantonly to wagge from the one wall to the other : Many of them lacked beards , and that was the more pity , and therefore could not buckle other by the brises , as bold men would have done . But fie on the Jackmen , that did not their duty : For had the one part of them recountred the other , then had all gone right ; but the Sanctuary we suppose saved the lives of many . How merrily so ever this be written , it was bitter mirth to the Cardinall and his court . It was more then irregularity ▪ yea , it might well have been judged laese majesté to the son of perdition , the Popes own person ; and yet the other in his folly , as proud as a Peacocke , would let the Cardinall know , that he was a Bishop , when the other but Beton , before he gat the Abbey of Aberbroth . This enmity was judged mortall , and without all hope of reconciliation . But the blood of the innocent servant of God , buried in oblivion all that bragging and boast . For the Archbishop of Glasgow was the first unto whom the Cardinall wrote , signifying unto him what was done , and earnestly craving of him , that he would assist with his presence and counsell , how that such an enemy to their estate might be suppressed . And thereto was not the other slow , but kept time appointed , sat next to the Cardinall , waited and subscribed first in ranke , and lay over the East block-house with the said Cardinall , till the Martyr of God was consumed with fire : for this we may note , That all these beasts consented in heart to the slaughter of that Innocent . So did they approve it with their presence , having the whole ordnance of the Castle of S. Andrews , bent towards the place of execution , which was neere to the Castle , ready to have shot , if any would have made defence or rescue to Gods servant . The manner of his Accusation , Processe , and Answers followeth , as we have received from certaine Records , which we relate truely , as neere as possibly we can . Upon the last of February was sent to the prison where the servant of God lay , the Deane of the Towne , by the commandment of the Cardinall and his wicked counsell , and there summoned the said Master George , that he should on the morrow following appeare before the Judge , then and there to give account of his seditious and Hereticall Doctrine . To whom the said Master George answered ; What needeth ( said he ) the Cardinall to summon me to answer for my Doctrine openly before him , under whose power and Dominion I am thus straightly bound in irons ? May not he compell me to answer , of his extort power ? Or beleeveth he that I am unprovided to render account of my Doctrine ? To manifest your selves what men ye are , it is well done that ye keepe your old Ceremonies and Constitutions made by men . Upon the next morrow the Lord Cardinall caused his servants to addresse themselves in their most warlike array , with Jack , Knapscall , Splent , Spear , & Axe , more seemly for the war then for the Preaching of the true word of God. And when these armed Champions , marching in warlike order , had conveyed the Bishops into the Abbey-church , incontinently they sent for M. George , who was conveyed unto the said Church by the Captaine of the Castle , and the number of an hundred men , addressed in manner aforesaid , like a Lamb led they him to the sacrifice . As he entred in at the Abbey-Church doore , there was a poore man lying vexed with great infirmities , asking of his almes , to whom he flung his purse , and when he came before the Cardinall , by and by the Sub-prior of the Abbey , called Deane Iohn Winrame , stood up in the Pulpit , and made a Sermon to all the congregation there then assembled , taking his matter out of Matth. 13. Whose Sermon was divided into foure parts . The first was , A short and briefe declaration of the Evangelist . The second , of the interpretation of the good seed : And because he called the Word of God the good seed , and Heresie the evil seed ; he declared what Heresie was , and how it should be knowne . He defined it on this manner ; Heresie is a false Opinion , defended with Pertinacie , clearely repugning the Word of God. The third part of his Sermon was , The cause of Heresie within that realm , and all other realms . The cause of Heresie ( said he ) is the ignorance of them which have the cures of mens soules : to whom it necessarily belongeth to have the true understanding of the Word of God , that they may be able to winne again the false Teachers of Heresies , with the sword of the Spirit , which is , the word of God : and not onely to win again , but also to overcome , as faith Paul to Timothy , A bishop must be faultlesse , as becometh the minister of God , not stubborn , nor angry , no drunkard , no fighter , not given to filthy lucre , but harberous , one that loved goodnesse , sober-minded , righteous , holy , temperate , and such as cleaveth unto the true Word of Doctrine . That he may be able with wholsome learning , and to impugne that which they say against him . The fourth part of his Sermon was , how Heresies should be knowne ; Heresies ( quoth he ) be knowne on this manner ; As the God-smith knoweth the fine gold from the unperfit , by the touch-stone ; So likewise may we know Heresie by the undoubted Touch-stone , that is , The true , sincere , and undefiled Word of God. At the last he added , That Hereticks should be put down in this present life . To which Proposition , the Gospel he treated of appeareth not to repugne , Let them both grow to the harvest . The harvest is the end of the world , neverthelesse he affirmed , That they should be put down by the civill Magistrate , and Law. And when he ended his Sermon , incontinent they caused M. George to ascend into the Pulpit , there to heare his Accusation and Articles , for right against him stood one of the fat flock , a monster , Iohn Lawder , a Priest , laden full of cursings , written in paper of the which he took out a roule , both long , and also full of outrages , threatnings , maledictions , and words of devilish spite and malice , saying to the innocent M. George , so many cruell and abominable words , and hit him so spitefully with the Popes thunder , that the ignorant people dreaded lest the earth then would have swallowed him up quick . Notwithstanding he stood still with great patience , hearing their sayings , not once moving or changing his countenance . When that this fat sow had read thorowout all his lying menaces , his face running down with sweat , and froathing at the mouth like a boare : He spate at M. Georges face , saying , What answers thou to these sayings ? Thou runagate , traitour , theefe , which we have duely proved by sufficient witnesse against thee . Master George hearing this , sate downe upon his knees in the Pulpit , making his prayer to God. When he had ended his Prayer , sweetly and Christianly , he answered unto them all in this manner : Master George his ORATION . MAny and horrible sayings unto me a Christian man , many words abominable for to heare , have ye spoken here this day , which not onely to teach , but also to thinke , I thought it ever great abomination . Wherefore I pray your discretions quietly to heare me , that ye may know what were my Sayings , and the manner of my Doctrine . This my Petition ( my Lords ) I desire to be heard for three causes . The first is , Because through preaching of the Word of God , his glory is made manifest . It is reasonable therefore , for the advancing of the glory of God , that ye heare me teaching truely the pure and sincere Word of God , without any dissimulation . The second reason is , Because that your health springeth of the Word of God , for he worketh all things by his Word . It were therefore an unrighteous thing , if ye should stop your eares from me , teaching truely the Word of God. The third reason is , Because your Doctrine speaketh forth many pestilentious , blasphemous , and abominable words , not coming by the inspiration of God , but of the devill , on no lesse perill than my life . It is just therefore and reasonable for your discretions , to know what my words and Doctrine are , and what I have ever taught in my time in this Realme , that I perish not unjustly , to the great perils of your selves . Wherefore both for the glory of God , your owne health , and safeguard of my life , I beseech your discretions to heare me , and in the meane time I shall recite my Doctrine , without any colour . First and chiefly , since the time that I came into this Realme , I taught nothing but the ten Commandments of God , the twelve Articles of the Faith , and the Prayer of the Lord in the mother Tongue . Moreover , in Dundie I taught the Epistle of Saint Paul to the Romanes . And I shall shew your discretions faithfully what fashion and-manner I used , when I taught without any humane dread . So that your discretions give me your eares benevolent and attentive . Suddenly then , with a loud voyce cryed the accuser , the fat sow , Thou Hereticke , Runnagate , Traytor , and Thief , It was not lawfull for thee to preach ; thou hast taken the power at thine owne hand , without any authority of the Church . We forthinke that thou hast been a Preacher so long . Then said the whole Congregation of the Prelats , with their complices , these words ; If we give him license to Preach , he is so crafty , and in holy Scriptures so exercised , that he will perswade the people to his opinion , and raise them against us . M. George seeing their malicious and wicked intent , appealed to an indifferent and equall Judge . To whom the accuser , Iohn Lawder aforesaid , with hoggish voyce answered , Is not my Lord Cardinall the second person within this Realme , Chancellor of Scotland , Archbishop of Saint Andrewes , Bishop of Merepose , Commendator of Arbroth , Legatus natus , Legatus a Latere . And so reciting as many Titles of his unworthy Honours as would have laden a Ship , much sooner an Asse : Is not he ( quoth Iohn Lawder ) an equall JUDGE apparently to thee . Whom other desirest thou to be thy JUDGE ? To whom this humble man answered , saying , I refuse not my Lord Cardinall , but I desire the Word of God to be my Iudge , the Temporall estate with some of your Lordships mine auditors , because I am here my Lord Governours prisoner . Whereupon the pridefull and scornfull people that stood by , mocked him saying , Such man , such Iudge , speaking seditious and reproachfull words against the Governour , and other of the Nobles , meaning them also to be hereticks . And incontinent , without all delay , they would have given sentence upon M. George , and that without further Processe , had not certain men there councelled my Lord Cardinall to reade againe the Articles , and to heare his answers thereupon , that the people might not complaine of his wrongfull condemnation . And shortly for to declare . These were the Articles following , with his Answers , as far they would give him leave to speak . For when he intended to mitigate their leasings , and shew the manner of his Doctrine , by and by they stopped his mouth with another Article . The first Article . Thou false Hereticke , Runnagate , Traytor , and Thief , Deceiver of the people , despisest the Church , and in like case contemnes my Lord Governours Authority . And this we know of surety , That when thou preachedst in Dundie , and was charged by my Lord Governours Authority to desist ; neverthelesse thou wouldest not obey , but persevered in the same : And therefore the Bishop of Breachen cursed thee , and delivered thee into the Devils hand , and gave thee then Commandment , That thou shouldest preach no more ; yet notwithstanding thou didst continue obstinately . The Answer . My Lords , I have read in the Acts of the Apostles , That it is not lawfull , for the threats and menaces of men , to desist from the preaching of the Gospel : Therefore it is written , We shall rather obey God than men . I have also read the Prophet Malachie ; I shall curse your blessings , and blesse your cursings , saith the Lord. Believing firmly , That he would turn your cursings into blessings . The second Article . Thou false heretick didst say , That a Priest standing at the Altar saying Masse , was like a Fox wagging his taile in July . The Answer . My Lords , I said not so . These were my sayings , The moving of the body outward , without inward moving of the heart , is nought else but the playing of an Ape , and not the true serving of God. For God is a secret searcher of mens hearts . Therefore who will truely adore and honour God , he must in spirit and verity honour him . Then the accuser stopped his mouth with another Article . The third Article . Thou false hereticke Preachest against the Sacraments , saying , That there are not seven Sacraments . The Answer . My Lords , It is not so by your pleasures , I taught never of the number of the Sacraments , whether there were seven or eleven : so many as are instituted by Christ , and are showne to us by the Gospel , I professe openly . Except it be the Word of God , I dare affirme nothing . The fourth Article . Thou false hereticke hast openly taught , That Auricular Confession is not a blessed Sacrament , and thou saist , That we should onely confesse us to God , and to no Priest. The Answer . My Lords , I say , That Auricular Confession , seeing that it hath no promise of the Gospel , truely it cannot be a Sacrament . Of the Confession to be made to God , there are many testimonies in Scripture , as when David saith , I thought that I would acknowledge mine iniquity against my self unto the Lord , and he forgave the trespasses of my sins . Here confessing signifieth the secret knowledge of our sins before God. When I exhorted the people on this manner , I reproved no manner of Confession : And farther , Saint Iames saith , Acknowledge your sins one to another , and so let you have peace among your selves . Here the Apostle meaneth nothing of Auricular Confession , but that we should acknowledge and confesse our selves to be sinners before our brethren , and before the world , and not to esteeme our selves , as the Gray Friers do , thinking themselves already purged . When that he had said these words , the horned Bishops and their complices cryed and gyrned with their teeth , saying , See ye not what colours he hath in his speech , that he may beguile us , and seduce us to his opinion ? The fifth Article . Thou false heretick didst say openly , That it was necessary for every man to know and understand his Baptisme ; which is contrary to Generall Councels , and the Estates of holy Church . The Answer . My Lords , I believe there be none so unwise here , that will make Merchandise with any French-men , or any other unknowne stranger , except he know and understand first the condition or promise made by the French-man or stranger . So likewise I would that we understood what thing we promise in the name of the Infant unto God in Baptisme . Then said M. Peter Chaplin , That he had the devill within him , and the spirit of terrour . Then answered him a childe , saying , The devil cannot speak such words as yonder man doth speake . The sixth Article . Thou false Hereticke , Traytor , and Thiefe , thou said , That the Sacrament of the Altar was but a piece of bread baken upon the ashes , and no other thing else ; and all that is there done , is but a superstitious Rite , against the Commandment of God. The Answer . Oh Lord God! so manifest lyes and blasphemies , the Scripture doth not teach you . As concerning the Sacrament of the Altar ( my Lords ) I never taught any thing against the Scripture , the which I shall ( by Gods grace ) make manifest this day , I being ready therefore to suffer death . The lawfull use of the Sacrament is most acceptable unto God. But the great abuse of it , is very detestable unto him : But what occasion they have to say such words of me , I shall shortly shew your Lordships . I once chanced to meet with a Iew , when I was sayling upon the water of Rhene ; I did enquire of him , What was the cause of his pertinacie , that he did not believe that the true Messias was come , considering that they had seen all the Prophesies which were spoken of him , to be fulfilled : Moreover , the Prophesies taken away , and the Scepter of Iuda . By many other testimonies of the Scripture I witnessed to him , and proved that the Messias was come , the which they called Iesus of Nazareth ? This Iew answered again unto me , When Messias cometh , he shall restore all things , and he shall not abrogate the Law which was given unto our Fathers , as ye do ; for why ? We see the poor almost perish through hunger amongst you , yet you are not moved with pity towards them : But amongst us Iewes , though we be poor , there are no beggers found . Secondarily , It is forbidden by the Law to fain any kinde of Imagery , of things in heaven above , or in the earth beneath , or in the Sea under the earth , but one God onely to honour . But your Sanctuaries and Churches are full of Idolls . Thirdly , a piece of bread baked upon the ashes , ye adore and worship , and say that it is your God. I have rehearsed here but the sayings of a Iew , which I never affirmed to be true . Then the Bishops shook their heads , and spitted on the ground ; and what he meaned in this matter further , they would not hear . The seventh Article . Thou false hereticke didst say , That extreme Unction was not a Sacrament . The Answer . My Lords , forsooth I never taught of extreme Unction , in my Doctrine , whether it was a Sacrament or no. The eighth Article . Thou false hereticke didst say , That holy water is not so good as Wash , and such like . Thou contemnest conjuring , and sayest , That holy Churches cursing availeth not . The Answer . My Lords , as for holy water , what strength it is of , I taught never in my Doctrine . Conjurings and Exorcisms , if they were conformable to the Word of God , I would commend them ; but in as much as they are not conformable to the Commandment and Word of God , I reprove them . The ninth Article . Thou false Hereticke and runagate , hast said , That every man is a Priest ; and likewise thou sayest , That the Pope hath no more power then another man. The Answer . My Lords , I taught nothing but the Word of God , I remember that I have read in some places of S. Iohn , and S. Peter , of the which one saith , He hath made us kings and priests . The other saith , He hath made us the kingly Priesthood . Wherefore I have affirmed , Any man understanding and perfit in the Word of God , and the true faith of Jesus Christ , to have his power given him from God , and not by the power or violence of men , but by the vertue of the Word of God , the which word is called , The power of God , as witnesseth S. Paul , evidently enough . And againe I say , Any unlearned man , and not exercised in the Word of God , nor yet constant in his Faith , whatsoever estate or order he be of ; I say , he hath no power to binde or to loose , seeing he wanteth the instrument by the which he bindeth and looseth , that is to say , The Word of God. After that he had said these words , all the Bishops laughed , and mocked him : When that he beheld their laughing ; Laugh ye ( said he ) my Lords ? Though that these my sayings do seem scornfull , and worthy of derision to your Lordships , neverthelesse they are very weighty to me , and of a great value ; because that they stand not onely upon my life , but also upon the honour and glory of God. In the meane time many godly men , beholding the woodnesse and great cruelty of the Bishops , and the invincible patience of the said M. George , did greatly mourne and lament . The tenth Article . Thou false Hereticke saidst , That a man had no free-will , but is like to the Stoicks , which say , That it is not in mans will to do anything , but that all desire and concupiscence cometh of God , of whatsoever kinde it be of . The Answer . My Lords I said not so , truely , I say , That as many as beleeve in Christ firmely , unto them is given liberty conformable to the saying of S. Iohn , If the Sonne make you free , then shall you verily be free : Of the contrary , as many as beleeve not in Christ Jesus , they are bond-servants of sin : He that sinneth , is bound to sin . The eleventh Article . Thou false Hereticke sayest , It is as lawfull to eat flesh upon Friday , as on Sunday . The Answer . Pleaseth it your Lordships , I have read in the Epistles of S. Paul , That who is cleane , unto him all things are cleane : Of the contrary , to the filthy men all things are uncleane . A faithfull man , cleane and holy , sanctifieth by the Word , the creature of God ; but the creature maketh no man acceptable unto God. So that a creature cannot sanctifie any impure and unfaithfull man. But to the faithfull man all things are sanctified by the prayer of the word of God. After these sayings of M. George , then said the Bishops with their complices ; What needed we any witnesse against him , hath he not here openly spoken blasphemie ? The twelfth Article . Thou false Hereticke doest say , That we should not pray unto Saints , but to God onely ; Say whether thou hast said this or no , say shortly . The Answer . For the weaknesse and infirmity of the hearers , he said , without doubt plainely , That Saints should not be honoured , nor called upon . My Lords ( said he ) there are two things worthy of note . The one is certaine , and the other uncertain . It is found plainely and certain in Scriptures , That we should worship and honour one God , according to the saying of the first Commandment , Thou shalt onely worship and honour thy Lord God with all thine heart . But as for praying to , and honouring of Saints , there is great doubt amongst many , whether they heare or no the invocation made unto them . Therefore I exhorted all men equally in my Doctrine , That they should leave the unsure way , and follow the way which was taught us by our Master Christ. He is onely our Mediatour , and maketh intercession for us to God his Father . He is the doore by the which we must enter in : He that entreth not in by this doore , but climeth another way , is a thiefe and a murderer . He is the veritie and life : he that goeth out of the way , there is no doubt he shall fall into the mire : Yea , verily he is fallen into it already . This is the fashion of my Doctrine , the which I have ever followed . Verily that which I have heard and read in the Word of God , I taught openly and in no corners , and now ye shall witnesse the same , if your Lordships will heare me : Except it stand by the Word of God , I dare not be so bold to affirme any thing . These sayings he rehearsed divers times . The thirteenth Article . Thou false Hereticke hast Preached plainely , That there is no Purgatory , and that it is a fained thing , for any man after this life to be punished in Purgatory . The Answer . My Lords , as I have oftentimes said heretofore ; Without expresse witnesse and testimony of Scriptures , I dare affirme nothing . I have oft , and divers times read over the Bible , and yet such a terme found I never , nor yet any place of Scripture applicable thereto . Therefore I was afraid ever to teach of that thing which I could not finde in Scripture . Then said he to M. Iohn Lawder , his accuser ; If you have any testimony of the Scripture , by the which you may prove any such place , shew it now before this auditory . But that dolt had not a word to say for himselfe , but was as dumbe as a Beetle in that matter . The fourteenth Article . Thou false Hereticke hast taught plainly against the Vows of Monks , Friers , Nuns , and Priests , saying , That whosoever was bound to such like Vows , they vowed themselves to the state of damnation . Moreover , That it was lawfull for Priests to marry wives , and not to live sole . The Answer . Of this , my Lords , I have read in the Gospel , That there are three kinde of chaste men , some are gelded from their mothers womb : some are gelded by men , and some have gelded themselves for the kingdom of heavens sake ; Verily , I say , these men are blessed by the Scripture of God. But as many as have not the gift of chastity ; nor yet for the Gospel , have overcome the concupiscence of the flesh , and have vowed chastity ; ye have experience , although I should hold my tongue , to what inconveniences they have vowed themselves . When he had said these words , they were all dumb , thinking it better to have ten concubines then one wife . The fifteenth Article . Thou false Hereticke , and runnagate sayest , That thou wilt not obey our Generall Provinciall Counsells . The Answer . My Lords , what your generall Counsells are , I know not , I was never exercised in them , but to the pure Word of God , I gave my labours . Read here your generall Counsells , or else give me a book , wherein they are contained , that I may read them ; if they be agreeable with the Word of God , I will not disagree . Then the ravening Wolves turned unto madnesse , and said ; Wherefore let we him speak any farther ? Read forth the rest of the Articles , and stay not upon them . Amongst those cruell Tygers , there was one false hypocrite , a seducer of the people , called Iohn Scot , standing behinde Iohn Lawders backe , hasting him to reade the rest of the Articles , and not to tarry upon his wittie and godly answers ; For we may not abide them ( quoth he ) no more then the devil may abide the signe of the Crosse , when it is named . The sixteenth Article . Thou Hereticke sayest , That it is vain to build to the honour of God costly Churches , seeing that God remaineth not in Churches made by mens hands , nor yet can God be in little space , as betwixt the Priests hands . The Answer . My Lords , Salomon saith , If that the heaven of heavens cannot comprehend thee , how much lesse this house which I have builded . And Iob consented to the same sentence , saying , Seeing that he is higher then the heavens , therefore what canst thou build unto him ; he is deeper then the hell , then how shalt thou know him , he is longer then the earth , and broader then the sea , so that God cannot be comprehended in one place , who is infinite . These sayings notwithstanding , I said never that Churches should be destroyed : But of the contrary I affirmed ever , That Churches should be maintained and upholden , that the people should be assembled in them to hear the Word of God Preached . Moreover , wheresoever is the true Preaching of the Word of God , and the lawfull use of the Sacraments , undoubtedly there is God himselfe : So that both these sayings are true together ; God cannot be comprehended in any one place : And wheresoever are two or three gathered in his Name , there is he present in the midst of them . Then said he to his accuser , If thou thinkest any otherwise ; Then I say , Shew forth thy reasons before this auditory . Then he without all reason was dumbe , and could not answer a word . The seventeenth Article . Thou false Hereticke contemnest fasting , and sayest thou shouldest not fast . The Answer . My Lords , I finde that fasting is commanded in the Scripture , therefore I were a slanderer of the Gospel , if I contemned fasting . And not so onely , but I have learned by experience , that Fasting is good for the health and conservation of the body . But God onely knoweth who fasteth the true Fast. The eighteenth Article . Thou false Hereticke hast Preached openly , saying , That the soules of men shall sleepe to the latter day of judgement , and shall not obtaine life immortall untill the last day . The Answer . God full of mercy and goodnesse forgive them that say such things of me . I wot , and know surely by the Word of God , that he who hath begun to have the Faith of Jesus Christ , and to beleeve firmely in him ; I know surely , I say , that the soule of that man , shall never sleepe , but ever shall live an immortall life , the which life from day to day is renewed in Grace , and augmented , nor yet shall ever perish , or have an end , but shall ever live immortall with Christ the head . To the which life , all that beleeve in him shall come , and rest in eternall glory . Amen . WHen that the Bishops with their complices , had accused this innocent man , in manner and forme aforesaid , incontinently they condemned him to be burnt as an Hereticke , not having respect to his godly answers , and true reasons which he alleadged , nor yet to their own consciences ; Thinking verily that they should do to God good sacrifice , conformable to the sayings of Jesus Christ , in the Gospel of Saint Iohn the 16. Chapter ; They shall excommunicate you , yea , and the time shall come , that he which killeth you , shall thinke that he hath done to God good service . The Prayer of Master George Wischarde . O Immortall God , how long shalt thou suffer the rage and great crudelitie of the ungodly , to exercise their fury upon thy servants which doe further thy Word in this world , seeing they desire to do the contrary ; That is , to choke and destroy thy true Doctrine and Veritie , by the which thou hast shewed thee unto the world which was all drowned in blindnesse and misknowledge of thy Name . O Lord , we know surely that thy true servants must needs suffer for thy Names sake , persecution , affliction , and troubles in this present life , which is but a shadow , as thou hast shewed to us by thy Prophets and Apostles . But yet we desire thee ( mercifull Father ) that thou wouldst conserve , defend , and help thy congregation , which thou hast chosen before the beginning of the world , and give them thy grace to heare thy Word , and to be thy true servants in this present life . Then by and by they caused the common people to remove , whose desire was always to hear that Innocent man speak . Then the sons of darknesse pronounced their sentence definitive , not having respect to the Judgement of God. When all this was done and said , the Cardinall causeth his tormentors to passe again with the meek Lambe unto the Castle , untill such time as the fire was made ready . When he was come into the Castle , then there came two fiends , two gray-Friers , Frier Scot and his mate , saying , Sir , you must make your confession unto us . He answered , I will make no confession : Go fetch me yonder man that preached unto us this day , and I will conferre with him . Then they sent for the Sub-prior of the Abbey , who came to him with all diligence . And conferred with him a pretty while , at last burst forth in teares , but so soon as he was able to speak , he asked him , If he would receive the Communion ; Master Wischarde answered , He would most willingly , if he could have it according to Christs institution under both kindes . The Sub-prior went to the Cardinall and his Prelats , he told them , That Master Wischarde was an innocent man ; which he said , not to intercede for his life ; but to make known the innocency of the man unto all men , as it was known to God. At these words the Cardinall was angry , and said to the Sub-Prior , Long agoe we knew what you were ; Then the Sub-Prior demanded , Whether they would suffer M. Wischarde to receive the Communion or no ; They answered , No. A while after M. Wischarde had ended with the Sub-Prior , the Captaine of the Castle , with some other friends , came to him , and asked him ; If he would break fast with them ; He answered , Most willingly , for I know you to be most honest and godly men ; So all being ready , he desired them to sit downe , and heare him a while with patience ; Then he discoursed to them about halfe an houre concerning the Lords Supper , his Sufferings and Death for us ; He exhorteth them to love one another , laying aside all rancor , envie , and vengeance as perfect members of Christ , who intercedes continually for us to God the Father . After this he gave thanks , and blessing the Bread and Wine , he took the Bread and brake it , and gave to every one of it , bidding each of them , Remember that Christ had died for them , and feed on it spiritually ▪ So taking the Cup , he bade them , Remember that Christs blood was shed for them , &c. And after he gave thanks and prayed for them . When he had done , he told them , That he would neither eat nor drink more in this life ; and so retired to his Chamber . Immediately after came to him ( sent from the Cardinall ) two executioners ; one brought him a coat of Linnen died black , and put it upon him ; The other brought some baggs full of Powder , which they tied to severall parts of his body : Thus having dressed him , they brought him to an outer Roome , neere to the gate of the Castle ; Then the fire was made ready , and the Stake at the West port of the Castle , neere to the Priory . Over against the place of execution , the Castle Windows were hung with rich hangings and Velvet Cushions , laid for the Cardinall and Prelats , who from thence did feed their eyes with the torments of this innocent man. The Cardinall dreading that Master George should have been taken away by his friends ; Before had commanded to bend all the ordnance of the Castle right against the place of execution ; and commanded all his Gunners to be ready , and stand beside their Gunnes , unto such time as he was burnt . All this being done , they bound Master George his hands behinde his backe , and with sound of Trumpet , led him forth with the Souldiers , from the Castle , to the place of their cruell and wicked execution . As he came forth of the Castle gate , there met him certain beggars , asking of him almes for Gods sake ; To whom he answered , I want my hands , wherewith I was wont to give you almes ; But the mercifull Lord , of his benignity and abundant grace , that feedeth all men , vouchsafe to give you necessaries both unto your bodies and soules . Then afterward met him two false Fiends , ( I should say Friers ) saying , M. George , pray to your Lady , that she may be a Mediatrix for you to her Sonne : To whom he answered meekly ; Cease , tempt me not , I intreat you . After this he was led to the fire , with a rope about his neck , and a chaine of iron about his middle . When that he came to the fire he sat downe upon his knees , and rose againe ; And thrice he said these words ; O thou Saviour of the world , have mercy on me : Father of heaven , I commend my spirit into thy holy hands . When he had made this Prayer , he turned him to the people , and said these words , having obtained leave to speak a little : I beseech you Christian brethren and sisters , that ye be not offended at the Word of God , for the affliction and torments which ye see already prepared for me . But I exhort you that ye love the Word of God for your salvation , and suffer patiently , and with a comfortable heart , for the Words sake , which is your undoubted salvation , and everlasting comfort . Moreover , I pray you , shew my brethren and sisters , which have heard me oft before , that they cease not , nor leave off to learne the word of God which I taught them , after the grace given unto me , for no persecutions nor troubles in this world , which last not : And shew unto them that my Doctrine was no wives fables , after the constitutions made by men ; And if I had taught mens doctrine , I had gotten greater thanks by men . But for the Words sake and true Gospel , which was given to me by the grace of God , I suffer this day by men , not sorrowfully , but with a glad heart and minde . For this cause I was sent , That I should suffer this fire for Christs sake . Consider and behold my visage , ye shall not see me change my colour : This grim fire I fear not , and so I pray you for to do , if that any persecution come unto you for the Words ●ake ; and not to fear them that slay the body , and have no power afterward to slay the soul. Some have said of me , That I taught that the soul of man should sleep untill the last day : But I know surely , and my faith is such , That my soul shall sup with my Saviour this night , ere it be six hours , for whom I suffer this . Then he prayed for them which accused him , saying , I beseech the Father of heaven to forgive them that have of any ignorance , or else of any evil minde forged lies upon me ; I forgive them with all my heart : I beseech Christ forgive them that have condemned me to death this day ignorantly . And last of all , he said to the people on this manner ; I beseech you brethren and sisters to exhort your Prelats to the learning of the Word of God ▪ that they may be ashamed to do evil , and learn to do good ; And if they will not convert themselves from their wicked errour , there shall hastily come upon them the wrath of God , which they shall not eschew . Many faithfull words said he in the meane time , taking no heed or care of the cruell torments which were then prepared for him . Then the Executioner that was his tormentor , sate down upon his knees , and said , Sir , I pray you forgive me , for I am not guilty of your death . To whom he answered , Come hither to me : When he was come to him , he kissed his cheek , and said , Lo here is a token that I forgive thee , my heart , do thy Office : And then by and by the Trumpet sounding , he was tyed to the stake , and the fire kindled . The Captain of the Castle , for the love he bore to M. Wischarde , drew so neer to the fire , that the flame thereof did him harme ; he wished M. Wischarde to be of good courage , and to beg from God the forgivenesse of his sins ; to whom M. Wischarde answered thus ; This fire torments my body , but no wayes abates my spirit . Then M. Wischarde looking towards the Cardinall , said , He who in such state , from that high place , feedeth his eyes with my torments , within few dayes shall be hanged out at the same window , to be seen with us much ignominy , as he now leaneth there in pride . Then with this , the Executioner drawing the Cord , stopt his breath ; presently after , the fire being great , he was consumed to powder . The Prelats would not suffer any prayers to be made for him , according to their Custome . After the death of Master Wischarde , the Cardinall was cryed up by his flatterers , and all the rabble of the corrupt Clergie , as the onely Defender of the Catholike Church , and punisher of hereticks , neglecting the authority of the sluggish Governour : And it was said by them , That if the great Prelates of latter dayes , both at home and abroad , had been so stout and zealous of the credit of the Catholike Church , they had not onely suppressed all hereticks , but also kept under the Lay-men , who were so froward and stubborne . On the other side , when that the people beheld the great tormenting of that innocent , they could not withhold from piteous mourning , and complaining of the innocent lambs slaughter . After the death of this blessed Martyr of God , began the people in plaine speaking , to damne and detest the cruelty that was used ; yea , men of great birth and estimation and honour at open tables avowed , That the blood of the said Master George should be revenged , or else it should cost life for life : and that in a short time they should be like hogs kept for slaughter , by this vitious Priest , and wicked Monster , which neither minded God , nor cared for man. Amongst those that spake against the Cardinalls cruelty , Iohn Lesley , brother to the Earle of Rothes was chief , with his Cozen Norman Lesley , who had been a great follower of the Cardinall , and very active for him but a little before , fell so foule with him , that they came to high reproaches one with another . The occasion of their falling out was a private businesse , wherein Norman Lesley said he was wronged by the Cardinall : On the other side , the Cardinall said he was not with respect used by Norman Lesley his inferiour . The said Iohn Lesley in all companies spared not to say , That that same dagger ( shewing forth his dagger ) and that same hand should be put in the Cardinalls brest . These brutes came to the Cardinalls ears : but he thought himselfe stout enough for all Scotland : For in Babylon , that is , in his new Block-House , he was sure , as he thought , and upon the fields he was able to match all his enemies : And to speak the truth , the most part of the Nobility of Scotland had either given unto him their Bands of Manred , or else were in confederacy , and promised amity with him , and so he gave his bastard eldest daughter in Marriage to the Earl of Crawford his eldest son and heir , and caused the Wedding to be celebrate with such State , as if she had been a Princes lawfull daughter . He onely feared them in whose hands God did deliver him , and for them he laid his nets so secretly ( as that he made a full compt ) that their feet could not escape , as we shall after hear . And something of his former practices we may recompt . After Easter he came to Edinburgh , to hold the Seingnye ( as the Papists termed then their unhappy Assembly of Baals shaven sort ) It was bruted that something was purposed against him at that day by the Earle of Angus and his friends , whom he mortally feared , and whose destruction he sought ; but it failed , and so returned he to his strength ; yea , to his god and onely comfort , as well in heaven as in earth ; and there he remained without all fear of death , promising to himself no lesse pleasure then did the rich man of whom mention is made by our Master in the Gospel ; for he did not onely say , Eat and be glad , my soul , for thou hast great riches laid up in store for many dayes ; but he said , Tush , a figge for the fooles , and a button for the bragging of heretickes , and their assistance in Scotland : Is not my Lord Governour mine ? witnesse his eldest son in pledge at my table . Have I not the Queen at my owne devotion ( he meant of the mother Mary that now 1566 raigns ) Is not France my friend , and I am friend to France ? What danger should I feare ? And thus in vanity the carnall Cardinall delighted himself a little before his death . But yet he had devised to have cut off such as he thought might trouble him : For he had appointed the whole Gentlemen of Fyfe to have met him at Falkland the Munday ; but he was slain upon the Saturday before . His treasonable purpose was not understood , and it was this ; That Norman Lesley , Sheriff of Fyfe , and apparent heir to his Father the Earl of Rothes ▪ the foresaid Iohn Lesley , Father brother to Norman ; the Lairds of Grange , elder and younger ; Sir Iames Learmond of Darsie , and Provost of Saint Andrewes ; and the faithfull Laird of Raith , should either have been slain , or else taken , and after to have beene used at his pleasure . This enterprise was disclosed after his slaughter , partly by Letters and Memorialls found in his chamber , but plainly affirmed by such as were of the counsell . Many purposes were devised , how that wicked man might have been taken away ; But all faileth , till Friday the twenty eighth of May , anno 1546. when the aforesaid Norman came at night to Saint Andrewes , William Kirkaldie of Grange younger , was in the Towne before , waiting upon the purpose . Last came Iohn Lesley as aforesaid , who was most suspected : What conclusion they took that night , it was not knowne , but by the issue that followed . But early upon the Saturday in the morning , the 29 of May , were they in sundry Companies in the Abbey Church-yard , not far distant from the Castle : First , the Gates being open , and the draw-Bridge letten downe , for receiving of Lime and Stones , and other things necessary for building ( for Babilon was almost finished ) First , we say , assayed William Kirkcaldie of Grange younger , and with him six persons , and getting entry , held purpose with the Porter , If my Lord was walking ; who answered , No : ( and so it was indeed , for he had been busie at his compts with Mistris Marion Ogilbie that night , who was espied to depart from him by the privie Posterne that morning ; and therefore quietnesse , after the rules of Physick , and a morning sleep , was requisite ( for my Lord. ) While the said William and the Porter talketh , and his servants made them to look the work and workmen , approached Norman Lesley with his company ; and because they were in great number , they easily gat entrie . They addresse to the midst of the Court : and immediately came Iohn Lesley , somewhat rudely , and four persons with him : The Porter fearing , would have drawne the Bridge ; but the said Iohn being entred thereon , stayed it , and leapt in ▪ And while the Porter made him for defence , his head wa● broken , the Keyes taken from him , and he cast into the ditch , and so the place was seized . The shout ariseth ; the work-men , to the number of more then a hundred , ran off the walls , and were without hurt put forth at the Wicket Gate . The first thing that ever was done , William Kirkaldie took the Guard of the privy Posterne , fearing lest the Fox should have escaped . Then go the rest of the Gentlemens Chambers , and without violence done to any man , they put more then fifty persons to the Gate : The number that enterprised and did this , was but sixteen persons . The Cardinall wakened with the shouts , asked from his window , What meant that noyse ? It was answered , That Norman Lesley had taken his Castle : Which understood , he ran to the Posterne ; but perceiving the passage to be kept without , he returned quickly to his Chamber , took his two handed sword , and caused his Chamberlain to cast Chests and other impediments to the doore . In this mean time came Iohn Lesley unto it , and bids open . The Cardinall asking , Who calls ; he answered , My name is Lesley . He demanded , Is that Norman ? The other saith , Nay , my name is Iohn . I will have Norman , saith the Cardinall , for he is my friend . Content your self with such as are here , for other you shall have none . There were with the said Iohn , Iames Melvene , a man familiarly acquainted with Master George Wischarde , and Peter Carmichaelle , a stout Gentleman . In this mean time , while they force at the door , the Cardinall hides a box of gold under coales that were laid in a secret corner . At length he asketh , Will ye save my life ? The said Iohn answered , It may be that we will. Nay ( saith the Cardinall ) Swear unto me by Gods wounds , and I will open you . Then answered the said Iohn , It that was said , is unsaid ; and so cryed ; Fire , fire , ( for the doore was very strong ) and so was brought a chimley full of burning coales , which perceived , the Cardinall or his Chamberlain ( it is uncertain ) opened the doore , and the Cardinall sat down in a chaire , and cryed , I am a Priest , I am a Priest , ye will not slay me . The said Iohn Leslie ( according to his former Vows ) stroke him first once or twice , and so did the said Peter . But Iames Melvin ( a man of nature most gentle and most modest ) perceiving them both in choler , withdrew them , and said , This work and judgement of God ( although it be secret ) ought to be done with greater gravity . And presenting unto him the point of the sword , said , Repent thee of thy former wicked life , but especially of the shedding of the blood of that notable instrument of God M. George Wischarde , which albeit the flame of fire consumed before men , yet cries it for vengeance upon thee , and we from God are sent to revenge it . For here before my God , I protest , That neither the hatred of thy person , the love of thy riches , nor the fear of any trouble thou couldst have done to me in particular , moved , or moveth me to strike thee ; But onely because thou hast been , and remainest an obstinate enemy against Christ Iesus and his holy Gospel . And so he stroke him twice or thrice thorow with a stog sword : And so he fell , never word heard out of his mouth , but I am a Priest , fie , fie , all is gone . While they were thus busied with the Cardinall , the fray rose in the Town , the Provost assembles the Commonalty , and comes to the house side , crying , What have ye done with my Lord Cardinall ? Where is my Lord Cardinall ? Have ye slain my Lord Cardinall ? They that were within answered gentlely ; Best it were for you to return to your own houses , for the man ye call the Cardinall hath received his reward , and in his own person will trouble the world no more . But then more inragedly they cry , We shall never depart till that we see him . And so was he brought to the East block-house head , and shewed dead over the wall , to the faithlesse multitude , which would not beleeve before they saw , and so they departed without Requiem aeternam , & requiescat in pace , sung for his soule . Now because the weather was hot ( for it was in May , as ye have heard ) and his funerals could not suddenly be prepared , it was thought best to keep him from stinking to give him great salt enough , a cope of lead , and a corner in the bottom of the sea Tower ( a place where many of Gods children had been imprisoned before ) to await what exequies his brethren the Bishops would prepare for him . These things we write merrily , but we would that the Reader should observe Gods just judgements , and how that he can deprehend the worldly wise in their own wisdom , make their table to be a snare to trap their own feet , and their own purposed strength to be their own destruction . These are the works of our God , whereby he would admonish the tyrants of this earth , that in the end he will be revenged of their crueltie , what strength soever they make in the contrary . But such is the blindnesse of man ( as David saith ) that the posterity doth ever follow the footsteps of their wicked fathers , and principally in their impiety . For how little differs the cruelty of that bastard , that yet is called Bishop of S. Andrews , from the cruelty of the former we will after heare . The death of this aforesaid Tyrant , as it was pleasing to some , to wit , to those who had received the Reformation of Religion , for they were mightily afraid of him ▪ and also to sundry Romanists whom he kept under as slaves ; so on the other side it was dolorous to the Priests , dolorous to the Governour , dolorous to the Queene Dowager : for in him perished faithfulnesse to France , and the comfort to all Gentle-women , and especially to wanton widows : His death must be revenged . To the Court again repaires the Earle of Angus , and his brother Sir George ; labour is made for the Abbacie of Arbroth , and a grant was once made of the same ( in memory whereof George Dowglas , bastard sonne to the said Earle , is yet called Postulant . ) But it was more proper ( think the Hamiltons ) for the Governours itching , then for reward to the Dowglasses ; And yet in hope thereof , the said Earle , and Sir George his brother , were the first that voted , that the Castle of S. Andrews should be besieged : Divers Gentlemen of Fyfe went into the Castle , and abode there with the Leslies during the first siege ; and Iohn Rough was Preacher to them . The Bishop , to declare the zeale that he had to revenge the death of him that was his predecessour ( and for his riches he would not have had him living againe ) still blew the coles . And first he made summons , then he denounced accursed , at last rebels , not onely the first enterprisers , but all such also as after did accompany them . And last of all a siege was concluded , which began in the end of August ( for the 23 day thereof departed the Souldiers from Edinburgh ) and continued neer to the end of January . At what time , because they had no other hope of winning of it , but by hunger , and thereof also they despaired , for they within had broken through the East wall , and made a plaine passage by an iron gate to the sea , which greatly relieved the besieged , and abased the besiegers ; for then they saw that they could not stop them of victuals , unlesse that they should be masters of the sea , and that they clearly understood they could not be ; for the English Ships had once been there , and had brought William Kirkcaldie from London , and with much difficultie ( because the said gate was not then prepared ) and some losse of men , had rendered him to the Castle againe ; and had taken with them to the Court of England , Iohn Leslie , and Master Henry Balnaves , for perfecting of all Contracts betwixt them and the King Henry , who promised to take them into his protection , upon condition onely that they should keep the Governours son , my Lord of Arrane , and stand friends to the Contract of Marriage , whereof before we have made mention . These things clearly understood ( we say ) by the Governour and his Counsell , the Priests and the shaven sort ; they concluded to make an appointment , to the end , that under Truce , they might either get the Castle betrayed , or else some principall men of the company taken at unawares . In which dressing was the Abbot of Dunfermeling principall ; and for that purpose had the Laird of Monquhanie ( who was most familiar with those of the Castle ) laboured with foot and hand , and proceeded so in his traffique , that from entring in day light , at his pleasure , he gat licence to come in in the night , whensoever it pleased him . But God had not appointed so many to be betrayed , albeit that he would that they should be punished , and that justly , as hereafter we shall heare . The Heads of the coloured appointment were ; 1. That they should keep the Castle of S. Andrews still , while that the Governour and the authority of Scotland should get unto them a sufficient absolution from the Pope Antichrist of Rome , for the slaughter of the Cardinall aforesaid . 2. That they should deliver pledges for the deliverie of that house , as soone as the aforesaid absolution was delivered unto them . 3. That they , their friends , familiars and servants , and others to them pertaining , should never be pursued in Law , by authority , for the slaughter aforesaid . But that they should enjoy commodities , spirituall or temporall , whatsoever they possessed before the said slaughter , even as if it had never beene committed . That they of the Castle should keep the Earle of Arran so long as their Pledges were kept . And such like Articles liberall enough , for they never minded to keep word of them , as the issue did declare . Iohn Rough left the Castle , seeing he could do little good upon those that were within , so addicted were they to their evil wayes ; he went into England to Preach Gods Word there . The appointment made , all the godly were glad , for some hope they had that thereby Gods Word should somewhat bud , as indeed so it did : For Iohn Rough ( who soon after the Cardinals slaughter entred within the Castle and had continued in it during the whole siege ) having left the Castle , because he could do little good upon those that were with him ; so addicted were they to their evil wayes , began to Preach in the city of S. Andrews . And albeit he was not the most learned , yet was his doctrine without corruption , and therefore well liked of the people . At the Easter after Anno 1547. came to the Castle of S. Andrews , Iohn Knox , who wearied of removing from place to place , by reason of the persecution that came upon him by the Bishop of S. Andrews , was determined to have left Scotland , and to have visited the Schools of Germany ( of England then he had no pleasure , by reason that although the Popes name was suppressed , yet his laws & corruptions remained in full vigor . ) But because he had the care of some Gentlemens children , whom certain yeers he had nourished in godlinesse . Their father 's solicited him to go to S. Andrews , that himselfe might have the benefit of the Castle , and their children the benefit of his Doctrine . And so ( we say ) came he the time aforesaid to the said place ; and having in his company Francis Dowglas of Langnidrie , George his brother , and Alexander Cokburne , eldest son then to the Laird of Ormeston , began to exercise them , after his accustomed manner . Besides the Grammar and other books of humane Learning , he read unto them a Catechisme , account whereof he caused them give publikely in the Parish Church of S. Andrews . He read moreover unto them the Gospel of Iohn , proceeding where he left at his departure from Langnidrie , where before his residence was , and that Lecture he read in the Chappell within the Castle at a certain houre . They of the place , but specially M. Hen. Balnaves & Iohn Rough Preacher , perceiving the manner of his Doctrine , began earnestly to travell with him , that he would take the Function of Preacher upon him : but he refused , alleadging that he would not run where God had not called him , meaning , that he would do nothing without a lawfull vocation . Whereupon they privily amongst themselves advising , having with them in counsel Sir David Lindsay of the Mount * , they concluded that they would give a charge to the said Iohn , and that publikely , by the mouth of the Preacher . And so upon a certain day , a Sermon of the Eelection of Ministers , what power the Congregation ( how small soever that it was , passing the number of two or three ) had above any man , namely , in the time of need , as that was , in whom they supposed , and espied the gifts of God to be ; and how dangerous it was to refuse , and not to heare the voyce of such as desire to be instructed . These & other heads ( we say ) declared the said Iohn Rough Preacher , directed by his words to the said Iohn Knox , saying , Brother , ye shall not be offended , albeit that I speak unto you that which I have in charge even from all those that are here present , which is this : In the Name of God , and of his Son Iesus Christ , and in the name of these that presently call you by my mouth , I charge you that ye refuse not this holy Vocation , but as ye tender the glory of God , the encrease of Christs Kingdom , The edification of your Brethren , and the comfort of me , whom ye understand well enough to be oppressed by the multitude of labours , That ye take upon you the publike office and Charge of Preaching , even as ye looke to avoyd Gods heavy displeasure , and desire that he shall multiply his Graces upon you . And in the end he said to those that were present , Was not this your Charge to me ? And do ye not approve this Vocation ? They answered , It is , and we approve it . Whereat the said M. Iohn abashed , burst forth in most abundant tears , and withdrew himself to his Chamber : His countenance and behaviour , from that day , till the day that he was compelled to present himself to the publike place of Preaching , did sufficiently declare the grief and trouble of his heart ; for no man saw any signe of mirth of him , neither yet had he pleasure to accompany any man , for many dayes together . The necessity that caused him to enter in the publike Place , besides the Vocation aforesaid , was Dean Iohn Annan ( a rotten Papist ) had long troubled Iohn Rough in his Preaching . The said Iohn Knox had fortified the Doctrine of the Preacher by his Pen , and had beaten the said Dean Iohn from all defences , that he was compelled to flie to his last refuge ; that is , To the authority of the Church , which Authority , said he , damned all Lutherans and Heretickes , and therefore he needed no further disputation . Iohn Knox answered , Before we hold our selves , or that ye can prove us sufficiently convinced , we must define the Church by the right notes given to us in Gods Scripture , of the true Church : we must discerne the Immaculate Spouse of Iesus Christ , from the mother of Confusion , Spirituall Babilon ; lest that imprudently we embrace a Harlot , instead of the chaste Spouse ; yea , to speake it in plain words , Lest that we submit our selves to Sathan , thinking that we submit our selves to Iesus Christ : For as for your Romane Church , as it is now corrupted , and the Authority thereof , wherein stands the hope of your Victory , I no more doubt but that it is the Synagogue of Sathan ; and the Head thereof , called the Pope , to be that man of Sin of whom the Apostle speaketh , then that I doubt that JESUS CHRIST suffered by the procurement of the visible Church of Jerusalem . Yea , I offer my self by word or writing , to prove the Romane Church this day farther to degenerate from the purity which was in the dayes of the Apostles , then was the Church of the Iewes from the Ordinance given by Moses , when they consented to the innocent death of JESUS CHRIST . These words were spoken in the open audience of the Parish Church of Saint Andrewes , after the said Dean Iohn had spoken what it pleased him , and had refused to dispute . The people hearing the offer , cryed with one consent , We cannot all reade your writings , but we can all hear your Preaching : Therefore we require you in the Name of God , That ye let us heare the approbation of that which ye have affirmed : For if it be true , we have beene miserably deceived . And so the next Sunday was appointed to the said Iohn , to expresse his minde in the publike Preaching place : Which day approaching , the said Iohn took the Text written in Daniel , the seventh Chapter , beginning thus ; And another King shall rise after them , and he shall be unlike unto the first , and he shall subdue three Kings , and shall speak words against the most High , and shall consume the Saints of the most High , and thinke that he can change Times and Lawes : And they shall be given unto his hands untill a time , and times , and dividing of times , &c. In the beginning of his Sermon , he shewed the great love of God towards his Church , whom he pleased to forewarne of dangers to come , so many yeers before they come to passe . He briefly treated of the state of the Israelites , who then were in bondage in Babylon , for the most part , and made a short discourse of the four Empires , The Babylonian , The Persian , That of the Greekes , And the fourth of the Romanes ; in the destruction whereof , rose up that last Beast , which he affirmed to be the Romane Church ; for to none other power that ever hath yet beene , do all the notes that God hath shewed to the Prophet appertain , except to it alone ; And unto it they do so properly appertaine , that such as are not more then blinde , may cleerly see them . But before he began to open the corruptions of Papistrie , he defined the true Church , shewed the true notes of it , whereupon it was built , why it was the Pillar of Verity , and why it could not erre ; to wit , Because it heard the voyce of the onely Pastor , JESUS CHRIST , would not heare a stranger , neither would be carried with every winde of Doctrine . Every one of these heads sufficiently declared , he entred to the contrary ; and upon the notes given in his Text , he shewed that the Spirit of God in the new Testament gave to this King other new names ; to wit , The man of sin , The Antichrist , The Whore of Babilon . He shewed , That this man of sin , or Antichrist , was not to be restrained to the person of any one man onely , no more then by the fourth Beast , was to be understood the person of any one Emperour . But by such names the Spirit of God would forewarne his chosen of a body and a multitude , having a wicked head , which should not onely be sinfull himself , but also should be occasion of sin , to all that should be subject unto him ( as Christ Jesus is the cause of Justice to all the Members of his Body ) and is called the Antichrist , that is to say , One contrary to Christ , because that he is contrary to him in Life , Doctrine , Lawes , and Subjects . And there began to decipher the lives of divers Popes , and the lives of all the Shavelings for the most part : Their Doctrine and Lawes , he plainly proved to repugne directly to the Doctrine and Lawes of God the Father , and of Christ Jesus his Son. This he proved by conferring the Doctrine of Justification expressed in the Scriptures , which teach that man is justified by Faith onely ; That the blood of Iesus Christ purgeth us from all our sinnes . And the Doctrine of the Papists , which attribute Justification to the works of the Law , yea , to the works of mens inventions , as Pilgrimage ▪ Pardons , and other such baggage . That the Papisticall lawes repugned to the Lawes of the Gospel , he proved , by the Lawes made of observation of dayes , abstaining from meats , and from Marriage , which Christ Jesus made free ; and the forbidding whereof , Saint Paul calleth the doctrine of devils . In handling the notes of that Beast given in the Text , he willed men to consider if these notes ( There shall another rise , unlike to the other , having a mouth speaking great things and blasphemous ) could be applyed unto any other , but to the Pope , and his kingdome : For if these ( said he ) be not great words and blasphemous , The Head of the Church , most holy , most blessed , that cannot erre ; That can make right of wrong , and wrong of right ; That of nothing can make somewhat ; And that had all verity in the Shrine of his brest ; yea , That had power of all , and none power of him . Nay , not to say , That he doth wrong , although he draw ten thousand Millions of souls with himself to hell . If these ( said he ) and many other , easie to be showne in his own Cannon-Law , be not great and blasphemous words , and such as never mortall men spake before , let the world judge . And yet ( said he ) is there one most evident of all , to wit , Iohn in his Revelation sayes , That the Merchandise of that Babylonian Harlot , among other things , shall be the bodies and souls of men . Now let very Papists themselves judge , If any before them , took upon them power to relax the pains of them that were in Purgatory , as they affirme to the people that daily they do , by the merits of their Masse , and of their other trifles . In the end he said , If any here ( and there were present Master Iohn Maire , the University , the Sub-Prior , and many Cannons , with some Friers of both the Orders ) that will say , That I have alleadged Scripture , Doctor , or History , otherwise then it is written , let them come unto me with sufficient witnesse , and by conference I shall let them see , not onely the Originall where my Testimonies are written , but I shall prove , That the Writers meant as I have spoken . Of this Sermon , which was the first that ever Iohn Knox made in publike , was divers brutes : Some said , He not onely hewes the branches of Papistry , but he strikes at the root also , to destroy the whole . Others said , If the Doctors , and Magistri nostri , defend not now the Pope and his Authority , which in their own presence is so manifestly impugned , the devill may have my part of him , and of his Lawes both . Others said , Master George Wischarde spake never so plainly , and yet he was burnt , even so will he be . In the end others said , The Tyranny of the Cardinall made not his cause the better , neither yet the suffering of Gods servant made his cause the worse . And therefore we would counsell you and them to provide better defences then fire and sword ; for it may be that else ye will be disappointed ; men now have other eyes then they had then . This answer gave the Laird of Nydrie , a man fervent and upright in Religion . The bastard Bishop , who yet was not execrated ( consecrated the Sub-Prior of S. Andrews , who ( Sede vacante ) was Vicar Generall , That he wondered that he suffered such Hereticall and Schismaticall Doctrine to be taught , and not to oppose himselfe to the same . Upon this rebuke , was a convention of gray-Friers , and black-Fiends appointed , with the said Sub-Prior Deane Iohn Winrame , in S. Leonards Yard , whereunto was first called Iohn Rough , and certain Articles read to him . And thereafter was Iohn Knox called for . The cause of their convention , and why that they were called , is expounded . And the Articles were read , which were these . 1. No mortall man can be the head of the Church . 2. The Pope is an Antichrist , and so is no member of Christs mysticall body . 3. Man may neither make nor devise a Religion that is acceptable to God , but man is bound to observe and keep the Religion that from God is received , without chopping or changing thereof . 4. The Sacraments of the New Testament , ought to be ministred as they were instituted by Christ Iesus , and practised by his Apostles , nothing ought to be added unto them , nothing ought to be diminished from them . 5. The Masse is abominable Idolatry , blasphemous to the death of Christ , and a prophanation of the Lords Supper . 6. There is no Purgatory , in the which the soules of men can either be pined or purged after this life . But heaven resteth to the faithfull , and hell to the reprobate and unfaithfull . 7. Praying for the dead is vain , and to the dead is Idolatry . 8. There is no Bishop , except he Preach even by himselfe , without any Substitute . 9. The Tythes by Gods Law do not appertain of necessity to the Church-men . The strangenesse ( said the Sub-Prior ) of these Articles which are gathered forth of your Doctrine have moved us to call for you , to hear your own answers . Iohn Knox said , I for my part praise my God , that I see so honourable , and apparantly so modest and quiet an Auditory : But because it is long since that I have heard , that ye are one that is not ignorant of the Trueth , I may crave of you in the Name of God , yea , and I appeal your conscience , before that supreme Judge ; That if ye think any Article there expressed , contrary unto the Truth of God , That ye oppose your self plainely unto it , and suffer not the people to be therewith deceived . But on the other side , if in your conscience ye know the Doctrine to be true , then will I crave your Patrocinie thereto ; That by your authority the people may be moved the rather to beleeve the Truth , whereof many doubts , by reason of your thoughts . The Sub-Prior answered , I came not here as a Judge , but onely familiarly to talke , and therefore I will neither allow nor condemne . But if ye list , I will reason . The Sub-Prior . Why may not the Church ( said he ) for good causes devise Ceremonies to decore the Sacraments , and other Gods Service . Iohn Knox. Because the Church ought to do nothing , but in Faith , and ought not to go before , but is bound to follow the voice of the true Pastor . The Sub-Prior . It is in Faith that the Ceremonies are commanded , and they have proper significations to help our Faith , as the hards in Baptisme signifie the roughnesse of the Law , and the oyle the softnesse of Gods mercy ; and likewise every one of the Ceremonies hath a godly signification , and therefore they both proceed from Faith , and are done in Faith. Iohn Knox. It is not enough that man invent a Ceremony , and then give it a signification according to his pleasure . For so might the Ceremonies of the Gentiles , and this day the Ceremonies of Mahomet be maintained . But if that any thing proceed from Faith , it must have the Word of God for its assurance . For ye are not ignorant ; That Faith cometh by hearing , and hearing by the Word of God. Now if that ye will prove that your Ceremonies proceed from Faith , and do please God , ye must prove that God in expresse words hath commanded them . Or else shall you never prove that they proceed from Faith , nor yet that they please God ; but that they are sinne , and do displease him , according to the words of the Apostle , Whatsoever is not of Faith is sinne . The Sub-Prior . Will ye binde us so straight , that we may do nothing without the expresse Word of God. What and I ask drink , Think ye that I sinne ? and yet I have not Gods Word for me . This answer gave he as might appear to shift over the Argument upon the Frier , as that he did . Iohn Knox. I would ye should not jest in so grave a matter , neither would I that ye should begin to hide the Trueth with Sophistrie , and if ye do , I will defend it the best that I can . And first to your drinking , I say , that if ye either eat or drink without assurance of Gods Word , that in so doing ye displease God , and sinne in your very eating and drinking . For saith not the Apostle ( speaking even of meat and drink ) That the creatures are sanctified unto men , even by word and prayer . The word is this , All things are cleane to the cleane . Now let me hear this much of your Ceremonies , and I shall give you the Argument , but I wonder that they compare things prophane and holy things so indiscreetly together . The Question was not , nor is not of meat or drink , whereinto the Kingdom of God consisteth not . But the Question is of Gods true worshipping , without the which we can have no societie with God. And here it is doubted , if we may take the same freedom in the using of Christs Sacraments , that we may do in eating and drinking . One meat I may eat , another I may refuse , and that without scruple of conscience . I may change one with another , even as oft as I please . Whether may we cast away what we please , and retaine what we please ? If I be well remembred , Moses in the Name of God saith to the people of Israel ; All that the Lord thy God commandeth thee to do , that do thou to the Lord thy God , adde nothing to it , diminish nothing from it . By these rules think I that the Church of Christ will measure Gods Religion , and not by that which seems good in their own eyes . The Sub-Prior . Forgive me , I spake it but in mowes , and I was dry . And now father ( said he , to the Frier ) follow the argument , ye have heard what I have said , and what is answered to me againe . Arbugkill gray-Frier . I shall prove plainely that Ceremonies are ordained by God. Iohn Knox. Such as God hath ordained we allow , and with reverence we use them . But the question is of those that God hath ordained , such as in Baptisme , are spittle , salt , candle , ( except it be to keep the barne from the cold ) hardes , oyle , and the rest of the Papisticall inventions . Arbugkill . I will even prove those that ye damne to be ordained of God. Iohn Knox. The Proofe thereof I would gladly hear . Arbugkill . Saith not Saint Paul , that another foundation then Jesus Christ , may no man lay . But upon this foundation , Some build gold , silver , and precious stones , some hay , stubble , and wood . The gold , silver , and the precious stones are the Ceremonies of the Church , which do abide the fire , and consumeth not away , &c. This place of Scripture is most plaine , sayeth the foolish fiend . Iohn Knox. I praise my God through Jesus Christ , for I finde his promise sure , true , and stable . Christ Jesus bids us not fear when we shall be called before men to give confession of his Trueth , for he promiseth that it shall be given unto us in that houre what we shall speak . If I had sought the whole Scriptures , I could not have produced a place more proper for my purpose , nor more potent to confound you . Now to your Argument . The Ceremonies of the Church ( say ye ) are gold , silver , and precious stones , because they are able to abide the fire . But I would learne of you , What fire is it which your Ceremonies do abide ? And in the mean time , while ye be advised to answer , I will shew my minde , and make an Argument against yours , upon the same Text. And first , I say , that I have heard this Text adduced for a proofe of Purgatory , but for defence of Ceremonies , I never heard nor yet read it . But omitting whether ye understand the minde of the Apostle or not ; I make my Argument and say : That which can abide the fire , can abide the Word of God ; But your Ceremonies cannot abide the Word of God. Ergo , They cannot abide the fire . And if they may not abide the fire , then are they not gold , silver , nor precious stones . Now if ye finde any ambiguity in this terme Fire , which I interpret to be the Word , finde ye me another fire , by the which things builded upon Jesus Christ should be tried , then God and his Word , which both in the Scriptures are called fire ; and I shall correct mine Argument . Arbugkill . I stand not thereupon , but I deny your Minor ; to wit , That our Ceremonies may not abide the triall of Gods Word . Iohn Knox. I prove , That abides not the triall of Gods Word , which Gods Word . condemnes : But Gods Word condemnes your Ceremonies ; Therefore they do not abide the triall thereof . But as a thief abides the triall of the Inquest , and thereby is condemned to be hanged , even so may your Ceremonies abide the triall of Gods Word , but not else . And now in few words to make plain that wherein ye may seem to doubt , to wit , that Gods Word damnes your Ceremonies , it is evident : For the plain and strait Commandment is , Not that thing that appears good in thine eyes shalt thou do to the Lord thy God but what the Lord thy God hath commanded thee , that do thou ; adde nothing to it , diminish nothing from it . Now unlesse that ye be able to prove that God hath commanded your Ceremonies , this his former Commandment will damne both you and them . The Frier somewhat abashed what first to answer , while he wanders about in the mist , he falls in a foule mire . For alleadging that we may not be so bound to the Word , he affirmed , That the Apostles had not received the Holy Ghost when they did write their Epistles , but after they received him , and then they ordained Ceremonies ( few would have thought that so learned a man would have given so foolish an answer , & yet it is even as true as he did bear a gray Coull ) Iohn Knox , hearing the answer , start , and said , If that be true , I have long been in an errour , and I think I shall die therein . The Sub-Prior said to him , Father , What say ye ? God forbid that ye affirme that ; for then farewell the ground of our faith . The Frier astonied , made the best shift that he could to correct his fault , but it would not be . Iohn Knox brought him oft again to the ground of the Argument . But he would never answer directly , but ever fled to the authority of the Church : whereto the said Iohn answered ofter then once , That the Spouse of Christ had neither power nor authority against the Word of God. Then said the Frier , If so be , ye will leave us no Church . Indeed , said the other , in David I reade that there is a Church of the Malignants ; for he saith , Odi Ecclesiam malignantium : That Church ye may have without the Word , and doing many things directly fighting against the Word of God. Of that Church , if ye will be , I cannot hinder you . But as for me , I will be of none other Church , except of that which hath Iesus Christ to be Pastour , which hears his voice , and will not heare a stranger . In this Disputation many other things were merrily skoft over : For the Frier after his fall could speak nothing to any purpose . For Purgatorie , he had no better proofe but the authority of Virgil , in the sixth of his Aeneiads ; and the paines thereof to him was an Evil wife . Iohn Knox answered that , and many other things as he himself witnesseth , in a Treatise that he did write in the Gallies , containing the sum of his Doctrine , and the confession of his Faith , and sent it to his familiars in Scotland , with his exhortation , That they should continue in the Truth , which they had professed , notwithstanding any worldly adversity that might ensue thereof . Thus much of that disputation have we inserted here , to the intent that men may see how Satan ever travelleth to obscure the Light , and how God by his power working in his weak vessels , confounds the craft , and discloseth the darknesse of Satan . After this the Papists and Friers , had no great heart of further disputation or reasoning , but invented another shift , which appeared to proceed from godlinesse , and it was this : Every learned man in the Abbey , and in the Universitie should Preach in the Parish Church his Sunday about . The Sub-Prior began , followed the Officiall , called Spittall ( Sermons was penned ) to offend no man , followed all the rest in their ranks . And so Iohn Knox smelled out the craft , and in his Sermons which he made upon the Weeke-dayes , he prayed to God , that they should be as busie in Preaching , when there should be more want of it , then there was then . Alwayes ( said he ) I praise God that Christ Jesus is Preached , and nothing is said publikely against the Doctrine that ye have heard . If in my absence they shall speak any thing which in my presence they do not ; I protest that ye suspend your judgement , till that it please God ye hear me againe . God so assisted his weak Souldier , and so blessed his labours , that not onely all these of the Castle , but also a great number of the Town openly professed by participation of the Lords Table , in the same purity , that now it is ministred in the Churches of Scotland , with that same Doctrine that he had taught unto them . Amongst whom was he that now either rules , or else misrules Scotland , to wit , Sir Iames Balfour ( sometimes called M. Iames ) the chiefe and principall Protestant , that then was to be found within this Realm . This we write because that we have heard , that the said Master Iames alleadgeth , that he was never of this our Religion , but that he was brought up in Martin Luthers opinion of the Sacrament , and therefore he cannot communicate with us . But his own conscience , and two hundred witnesses besides , know that he lies , and that he was one of the chief ( if he had not been after his cups ) that would have given his life , if men might credit his words , for defence of the doctrine , that the said Iohn Knox taught . But albeit that those that never were of us ( as none of Monquhauneys house have shewed themselves to be ) depart from us , it is no great wonder . For it is proper and naturall , that the children follow the father , and let the godly beware of that race and progenie , by eschewing it . For if in them be either fear of God , or love of vertue , further then the present commoditie perswades them , men of judgement are deceived . But to return to our History . The Priests and Bishops enraged at all these proceedings that were in Saint Andrews , ran now upon the Governour , now upon the Queene , now upon the whole Counsell , and there might have been heard complaints and cryes ▪ What are we doing ? Shall we suffer this whole Realme to be infected with pernicious Doctrine ; fie upon you , and fie upon us . The Queen , and Monsieur d'Osell ( who then was a secretis mulierum in the Court ) comforted them , and willed them to be quiet , for they should see remedy or it were long . And so it proved indeed : For upon the nine and twentieth day of Iune , appeared in the sight of the Castle of Saint Andrewes , one and twenty French Galleys with a great Army , the like whereof was never seen in that Haven before . This treasonable means had the Governour , the Bishop , the Queen , and Monsieur d'Osell , under their appointment drawne . But to excuse their Treason , eight dayes before , they had presented an Absolution unto them , as sent from Rome , containing , after the aggravation of the crime , this clause , remittimꝰ irremissibile , that is , We remit the crime that cannot be remitted : Which considered by the worst of the company that was in the Castle , answer was given , That the Governour and Councell of the Realme had promised unto them a sufficient and assured absolution , which that appeareth not to be , and therefore they could not deliver the House , neither thought they that any reasonable man would require them so to do , considering that promise was not kept unto them . The next day after that the Gallies were arrived , they summoned the House : Which being denied ( because they knew then no Magistrates in Scotland ) they prepared for Siege ; and first they began to assault by Sea , and shot two days ; but thereof they neither got advantage nor honour , for they threw down the Slates of houses ; but neither slue man , nor did harme to any wall . But the Castle handled them so , that Sancta Barbara ( the Gunners goddesse ) helped them nothing , for they lost many of their Rowers , men chained in the Gallies , and some Souldiers both by Sea and Land. And farther , a Galley that approached neerer then the rest , was so beaten with the Cannon , and other Ordinance , that she was striken under water , and almost drowned , and so she had been , had not the rest given her succour in time , and drawn her to the west Sands , without the sho● of the Castle , and afterward to Dundie ; where they remained , till that the Governour , who then was at the Siege of Langhope , came unto them with the rest of the French Faction . The Siege by Sea and Land was laid about the Castle of S. Andrews the three and twentieth day of Iuly : The Trenches were cast , Ordnance was planted upon the Abbey Church , and upon Saint Salvators Colledge ( and yet was the Steeple thereof burnt ) and some upon the street that leads to the Castle , which so annoyed the Castle , that neither could they keep their Block-house , the Sea Tower head , nor the west wall ; for in all those places men were slain by great Ordnance : yea , they mounted the Ordnance so high upon the Abbey Church , that they might discover the ground of the court of the Castle in divers places . Moreover , within the Castle was the plague ( and divers therein died ) which more affrayed some that were therein , then did the externall force without . But Io. Knox was of another judgement ; for he ever said , That their corrupt life , having fallen into all kinde of licentiousnesse , puft up with pride of their successe , and relying upon England for help in case of need , could not escape the punishment of God ; and that was his continuall advertisement , from the time that he was called to Preach . When they triumphed of their Victory ( the first twenty dayes they had many prosperous chances ) he lamented , and ever said , They saw not what he saw : when they bragged of the force and thicknesse of their walls , he said they should be but egge-shells . When they vaunted , England will rescue us , he said , Ye shall not see them ; but ye shall be delivered into your enemies hands , and shall be carried into a strange Countrey . Upon the nine and twentieth of Iuly at night , was the Ordnance planted for the Battery thirteen Cannons , whereof four were Cannons Royall , called double Cannons , besides other Pieces . The Battery began at four of the clock in the morning ; and before ten hours of the day , the whole South quarter , betwixt the fore Tower , and the East Block-house , was made faltable . The lower Gallery was stopped , divers slain in it ; and the East Block-house was shot off from the place . Betwixt ten of the clock and eleven , there fell a shower of rain , that continued neer an hour , the like whereof had seldome been seen ; it was so vehement , that no man might abide without a house . The Cannons were left alone . Some within the Castle were of judgement , that men should have issued , and put all in the hands of God. But because that William Kirkcaldie was coming with the Prior of Cappua , who had the Commission of that Journey from the King of France , nothing was enterprised . And so appointment made , and the Castle rendered , upon Saturday the last of Iuly . The Heads of the Appointment were ; That the lives of all within the Castle should be saved , as well English as Scots , that they should be safely transported to France . And in case that upon conditions which by the King of France should offered unto them , they could not be content to remaine in service and freedome there , they should upon the King of France his expences be safely conveyed to what Countrey they would , other then Scotland . With the Governour they would have nothing ado , neither with any Scottish-man , for they had all trayterously betrayed them ( which , said the Laird of Grange elder , a man simple , and of most stout courage , I am assured God shall revenge it or it be long . ) The Galleys well furnished with the spoile of the Castle aforesaid , after certain dayes returned to France , and escaped a great danger ( for upon the back of the Sands they all chocked ) they arrived at Felcam in November , and thereafter passed up the water of Sequane , and lay before Roan , where the principall Gentlemen who looked for freedome , were dispersed , and put in sundry prisons ; the rest were left in the Galleyes , and there miserably use . Amongst whom , the foresaid Master Iames Balfour was , with his two brethren , David and Gilbert ; which we write , because that we heare that the said Master Iames , principall misguider now of Scotland , denies that he had any thing to do with the Castle of Saint Andrewes , or yet that ever he was in the Galleys : among others , Iohn Knox was in the Galleys all the Winter . Then was the joy of the Papists , both of Scotland and of France , even in full perfection ; for this was their song of triumph : Priests content you now , Priests content you now , For Norman and his company have fill'd the Gallies fow . The Pope wrote Letters to the King of France , and so did he to the Governour of Scotland , thanking him heartily for taking pains to revenge the death of his kinde creature the Cardinall of Scotland , desiring them to continue in their begun severity , that such things thereafter should not be attempted . So were all those that were deprehended in the Castle , condemned to perpetuall prison : And the ungodly judged , That after this , Christ Jesus should never triumph in Scotland . On thing we cannot passe by : From Scotland was sent a famous Clerke ( laugh not Reader ) M. Iohn Hammilton of Milburne , with credit to the King of France , and unto the Cardinall of Loraine ( and yet he had neither French nor Latine , and some say his Scotish tongue was not very good . ) The sum of his Negotiation was , That those of the Castle should be sharply handled : In the which Suit he was heard with favour , and was dispatched from the Court of France with Letters , and great credit , which that famous Clerke forgate by the way . For passing up to the Mountaine of Dumbartane , before his letters were delivered , he brake his neck , and so God took away a proud ignorant enemy . But now to our History . These things against promise ( for Princes have no Fidelity further then for their owne advantage ) done at Roan , the Galleys departed to Nantes in Britanie . Where , upon the water of Lore , they lay the whole Winter . In Scotland that Summer was nothing but mirth , for all went with the Priests even at their own pleasure . The Castle of S. Andrewes was razed to the ground ; the Block-house thereof cast downe , and the walls round about demolished . Whether this was to fulfill their law , which commands that places where Cardinals are slain , so to be used ; or else for fear that England should have taken it , as after they did Brouchtie Rock , we remit to the judgement of such as were of counsell . This same yeer , in the beginning of September , entereth Scotland an Army of ten thousand men from England by Land , and some Ships with Ordnance come by Sea. The Governour and the Bishop hereof advertised , gathered together the Forces of Scotland , and assembled at Edinburgh . The Protector of England , with the Earle of Warwicke and their Army , remained at Praeston , and about Praeston Panes ; for they had certaine Offers to propose unto the Nobility of Scotland , concerning the promise before made by them , unto the which King Henry before his death gently required them to stand fast : And if they would so do , of him nor of his Realme they should have no trouble , but the helpe and the comfort that he could make them in all things lawfull . And hereupon there was a Letter directed to the Governour and Councell ; which coming to the hands of the Bishop of Saint Andrewes , he thought it could not be for his advantage that it should be divulgate ; and therefore by his craft it was suppressed . Upon the Friday the seventh of September , the English Army marched towards Leith , and the Scotish Army marched from Edinburgh to Ennernes . The whole Scotish Army was not assembled , and yet the skirmishing began ; for nothing was concluded but Victory , without stroke . The Protector , the Earle of Warwicke , the Lord Gray , and all the English Captaines were playing at the Dice . No men were stouter then the Priests and Channons with their shaven crowns , and black Jacks . The Earl of Warwick , and the Lord Gray , who had the chief charge of Horse-men , perceiving the Host to be molested with the Scotish Preachers , and knowing that the multitude were neither under order nor obedience ( for they were divided from the great Army ) sent forth certain Troops of Horse-men , and some of their Borderers , either to fetch them , or else to put them out of their sight , so that they might not annoy the Host. The Skirmish grew hot , and at length the Scotish-men gave back , and fled without gain turne : The chase continued far , both towards the East , and towards the West ; in the which many were slain , and he that now is Lord Home , was taken , which was the occasion that the Castle of Home was after surrendered to the English men . The losse of these men neither moved the Governour , nor yet the Bishop his bastard brother , bragging , That they would revenge the matter well enough upon the morrow ; for they had hands enow ( no word of God ) the English hereticks had no faces , they would not abide . Upon the Saturday the Armies of both sides past to Array . The English Army takes the middle part of Fawside hill , having their Ordnance planted before them , and having their Ships and two Galleys brought as neer the Land , as water would serve . The Scotish Army stood first in a reasonable strength , and good order , having betwixt them and the English Army the water of Esk ( otherwise called Mussylburgh water ) But at length a charge was given , in the Governours behalf , with sound of Trumpet , That all men should march forward , and go over the water . Some say that this was procured by the Abbot of Dunfermeling , and Master Hew Rig , for preservation of Carbarrie . Men of judgement liked not the journey ; for they thought it no wisedom to leave their strength . But commandment upon commandment , and charge upon charge was given , which urged them so , that unwillingly they obeyed . The Earle of Angus being in the Vant-guard , had in his company the Gentlemen of Fyfe , of Angus , Mearnes , and the Westland , with many others , that of love resorted unto him ; and especially those that were professors of the Gospel , for they supposed that England would not have made great pursuit of him . He passed first thorow the water , and arrayed his Host , direct before the enemies : Followed the Earle of Huntley , with his Northland men : Last come the Governour , having in his company the Earle of Argyle , with his own friends ; and the Body of the Realme . The English-men perceiving the danger ; and how that the Scotish-men intended to have taken the top of the hill , made to prevent the perill . The Lord Gray was commanded to give the charge with his men at Armes , which he did , albeit the hazard was very unlikely . For the Earle of Angus Host stood even as a wall , and received the first assaulters , upon the points of their Spears ( which were longer then those of the English-men ) so rudely , that fifty Horse and men of the first rank lay dead at once , without any hurt done to the Scottish Armie , except that the Spears of the former two Ranks were broken . Which Discomfiture received , the rest of the Horse-men fled , yea , some passed beyond Fawside Hill ; the Lord Gray himselfe was hurt in the mouth , and plainly denied to chage againe ; for he said , It was alike to run against a Wall. The Galleyes and the ships , and so did the ordnance , planted upon Myde-hill shoot terribly . But the ordnance of the Gallies shooting amongst the Scottish Army affraied them wonderously . And while that every man laboured to draw from the North , from whence the danger appeared , they begin to faile , and with that were the English foot-men marching forward : Albeit that some of their horse-men were upon the flight . The Earle of Angus army stood still , looking that either Huntly or the Governour should have recountred the next battell . But they had decreed that the favourers of England , and the Hereticks ( as the priests called them ) and the Englishmen should part it betwixt them for that day . The feare riseth , and at an instant , they which before were victors , and were not yet assaulted with any force ( except with ordnance , as is said ) cast from them their spears and fled : So that Gods power was so evidently seen , that in one moment , yea at one instant time , both the armies were fleeing . The shout came from the hill , from those that hoped no victory upon the English part . The shout rises ( we say ) They flee , they flee , but at the first it could not be beleeved , till at the last , it was clearly seene , that all had given back , and still began the cruell slaughter ( which was the greater , by reason of the late displeasure of the men of arms ) the chase and slaughter lasted till neer Edinburgh upon the one part , and toward Dalketh upon the other . The number of the slain upon the Scottish side , were judged nigh ten thousand men . The Earle of Huntly was taken and carried to London : But he relieved himselfe , being surety for many reasons , Honesty or unhonesty , we know not , but as the bruite was , he used policie with England . In that same time was slain the Master of Erskin , dearly beloved of the Queene : for whom she made great lamentation , and bare his death many dayes in minde . When the certaintie of the discomfiture came , she was in Edinburgh , abiding upon tidings . But with expedition she posted that same night to Sterlin with Monsieur Dosell , who was as fearfull as a Fox when his hole is smoaked . And thus did God take the second revenge upon the perjured Governour , with such as assisted him to defend an unjust quarrell . Albeit that many innocents fell amongst the middest of the wicked . The English armie came to Leyth , and their taking order with their prisoners and spoile , they returned with this victory ( which they looked not for ) to England . That Winter following was great hearships made upon all the borders of Scotland , Broughtie mountain was taken by the Englishmen , and besieged by the Governor , but still kept : And at it was slain Gawine , the best of the Hamiltons , and the ordnance left . Whereupon the Englishmen encouraged , began to fortifie upon the hill above Broughty house , which was called , The fort of Broughty , and was very noisome to Dundie , which it burnt and laid waste , and so did it the most part of Angus , which was not assured , and under friendship with them . The Lent following was Hadington fortified by the English men : The most part of Lothian , from Edinburgh East , was either assured or laid waste . This did God plague in every quarter . But men were blinde , and would not , nor could not consider the cause . The Lairdes Ormeston and Brunstone , were banished , and after sore assaulted , and so were all those of the Castle of S. Andrews . The sure knowledge of the troubles of Scotland coming to France , there was prepared a Navie and Army . The Navie was such as never was seen to come from France for the support of Scotland , for besides the Gallies , being twenty two in number , they had threescore great Ships , besides Victuallers . How soon so ever they took the plain seas , the red Lion of Scotland was displayed , and they holden as rebels unto France ( such policie is no falshood in Princes ) for good peace stood betwixt France and England . And the King of France approved nothing that they did . The chiefe men to whom the conducting of the Army was appointed , were Monsieur Dandelott , Monsieur de Termes , and Peter Strozi . In their journey they made some harship upon the coast of England , but it was not great . They arrived in Scotland in May , in the yeere of our Lord 1549. The Gallies did visit the Fort of Broughtie , but did no more at that time . Preparations were made for the siege of Hadington , but it was another thing , that they meant , as the issue declared . The whole body of the Realm assembled , the form of a Parliament was set to be holden there , to wit , in the Abbey of Hadington . The principall head was , the Marriage of the Princesse ( by the State before contracted to King Edward ) to the King of France , and of her present deliverie , by reason of the danger she stood in , by the invasion of the old enemies of England . Some were corrupted with buds , some deceived by flattering promise , and some for fear were compelled to consent ; for the French Souldiers were the officers of Arms in that Parliament . The Laird of Balcleuch , a bloody man , with many Gods-wounds , swore , They that would not consent , should do worse . The Governour got the Title of Duke of Chattelherauld , with the order of the Cockle , and a Pension of 12000. lib. turn . with a full discharge of all intermissions , with King Iames the fift his treasure and substance whatsoever , with possession of the Castle of Dumbartane , till that issue should be seen of the Queenes body . With these and other conditions stood he content to sell his Soveraigne out of his own hands , which in the end will be his destruction . God thereby punishing his former wickednesse ( if speedie repentance prevent not Gods judgements , which we heartily wish ) Huntly , Argyle , and Angus , were likewise made Knights of the Cockle ; and for that and other good deeds received , they sold also their part . Shortly none was found to resist that unjust demand . And so was she sold to go to France ; To the end , that in her youth , she should drink of that liquor that should remain with her all her life time for a plague to this Realm , and for her own ruine . And therefore albeit that now a fire cometh out of her , that consumes many , let no man wonder she is Gods hand , in his displeasure punishing our former ingratitude . Let men patiently abide Gods appointed time , and turn unto him with hearty repentance , then God will surely stop the fire that now comes from her , by sudden changing her heart to deal favourably with his people ; or else by taking her away , or by stopping her to go on in her cou●se by such meanes as he shall think meet in his wisdom , for he having all in his hand disposeth of all , and doth with all according to his own will , unto which we must not onely yeeld , but also be heartily pleased with it , since it is absolutely good , and both by Sacred and Prophane History we are taught to do so ; for in them we finde , That Princes have been raised up by his hands to punish his people ; But when they turned unto him with hearty repentance , he either turned the heart of the Prince to deal kindly with his people , or else did take him away , or at least did stop his violent course against his people . Of this , the examples are so frequent , that we spare to name them heere . But to returne to our Historie . This conclusion , That our Queene ( without further delay ) should be delivered to France . The siege continued , great shooting , but no assaulting , and yet they had fair occasion offered unto them . For the English-men approaching to the Town , for the comforting of the besieged , with powder , victuals , and men , lost an Army of six thousand men . Sir Robert Bowes was taken , and the most part of the borderers were taken or slain . And so might the Town justly have despaired of any further succour to have been looked for . But yet it held good for the stout courage and prudent government of Sir Iames Wolford General , who did so incourage the whole Captains and Souldiers , that they determined to die upon their walls . But from the time that the French-men had gotten the Bone , for the which the Dog barked , the pursuit of the Town was slow . The siege was raised , and the Queen she was conveyed by the west seas to France , with 4 Gallies & some Ships . And so the Cardinall of Loraine got her in his keeping , a morsell I assure you , meet for his own mouth . We omit many things that occurred in this time , as the sitting down of the Ship , called , The Cardinall ( the fairest Ship in France ) betwixt S. Colmes Inch and Cramond , without any occasion except negligence , for the day was faire and weather calme . But God would shew , that the Countrey of Scotland can beare no Cardinals . In this time also was there a Combat betwixt the Gallies and the English Ships . They shot frankely a while . An English Ship took fire , or else the Gallies had come short home , and as it was , they fled without mercy , till that they were above S. Colmes Inch. The Captaines left the Gallies , and took a Fort , made in the Inch , for their defence . But the English Ships made no pursuit ( except that they burnt the Cardinall , where she lay ) and so the Gallies and the Galley-men did both escape . Order was taken that the next September some Gallies should remain in Scotland , and that the rest should return to France , as they did all , except one that was taken by an English Ship , ( by an English Ship , onely we say ) as they were passing betwixt Dover and Calice . That winter remained Monsieur de Arfe in Scotland , with the bands of French-men . They fortified Enneresk , to stay the English that they should not invade Edinburgh and Leyth . Some skirmishes there were betwixt the one and the other , but no notable thing done , except that the French had almost taken Hadington ; The occasion whereof was this : The French-men thinking themselves more then masters in all parts of Scotland , and in Edinburgh principally , thought they could doe no wrong to no Scottish-man . For a certaine French-man delivered a Colvering to George Tod , Scottish-man , to be stocked , who bringing it thorow the street , another French-man claimed it , and would have taken it from the said George , but he resisted , alleadging that the French-man did wrong : Thus began parties to assemble , as well to the Scottish-man as to the French , so that two of the French-men were stricken down , and the rest chased from the Crosse to Nudris-winde-head . The Provost being in the street , apprehended two of the French , and was carrying them to the Tolbuith , but from Monsieur de Essies lodging , or close , issued forth French-men , to the number of threescore persons , with drawn swords , and resisted the said Provost . Then the Town assembling , repulsed them , till that they came to the nether Bow. And there Monsieur de la Chapelle , with the whole bands of French-men armed recountred the said Provost , and violently repulsed him ( for the Town was without weapons , for the most part ) and so made invasion upon all that they met . And first in the entrie of the Bow were slain David Kyrk , and David Barber ( being at the Provosts back ) and afterward was slain the said Provost himself , being Laird of Stanehouse , and Captain of the Castle , Iames Hamilton his son , William Chapman , M. William Stuart , William Purvesse , and a woman named Elizabeth Stuart . And thereafter tarried within the Town by force , from five of the clock till after seven at night , and then retired to the Cannon gate , as to their receptacle and refuge . The whole Town , yea the Governour and Nobility commoved at the unworthinesse of this bold attempt , craved justice upon the malefactours , or else they would take justice of the whole . The Queen craftily enough , Monsieur de Essie , and Monsieur Doseil , laboured for pacification , and promised , That unlesse the French-men by themselves alone , should do such an act as might recompence the wrong that they had done , that then they should not refuse , but that Justice should be executed to the rigour . These faire words pleased our fools , and so were the French bands the next night directed to Hadington , to the which they approched a little after midnight so secretly , that they were never espied till that the foremost were within the outer Court , and the whole Company in the Church-yard , not two paire of Buts length distant from the Town . The Souldiers English-men were all asleep except the watch , the which was slender ; and yet the shout arises , Bowes and Bils , Bowes and Bils ; which is signification of extreme defence , to avoide the present danger in all Towns of war. They affrighted arise , weapons that first came to hand serve for the need . One amongst many came to the East-gate , where lay two great peeces of Ordnance , and where the enemies were known to be , and cried to his fellows , that were at the gate making defence . Beware before , and so fires a great peece , and thereafter another , which God so conducted , that after them was no further pursuit made : for the Bullets redounded from the wall of the Frier-Church , to the wall of S. Katherines Chappell , which stood directly over it , and from the wall of the said Chappell to the said Church wall again , so oft , that there fell more then an hundred of the French at those two shots onely . They shot oft ; but the French retired with diligence , and returned to Edinburgh without harme done , except the destruction of some drinking Beere , which lay in the Sands , Chappell , and Church . And this was satisfaction more then enough , for the slaughter of the foresaid captain , and Provost , and for the slaughter of such as were slain with them . This was the beginning of the French fruits . This winter , in the time of Christmas , was the Castle of Hume recovered from the English , by the negligence of the Captain , named Dudley . This winter also did the Laird of Raith most innocently suffer , and after was forsalted , because that he wrote a Letter to his son Iohn Melvin , who then was in England , which was alleadged to have been found in the house of Ormeston ; but many suspected the pranks and craft of Ninian Cokburne , now called Captain Ninian , to whom the said Letter was delivered . But howsoever it was , the cruell beast the Bishop of S. Andrews , and the Abbot of Dunfermeling , ceased not , till that the head of that noble man was striken from him ; especially , because that he was known to be one that unfainedly favoured the Truth of Gods Word , and was a great friend to those that were in the Castle of S. Andrews , of whose deliverance , and of Gods wonderfull working with them during the time of their bondage , we will now speak , lest that in suppressing of so notable a work of God , we should justly be accused of ingratitude . First then , the principalls being put in severall houses , as before we have said , great labours were made to make them have a good opinion of the Masse : But chiefly , travell was taken upon Norman Leslie , the Laird of Grange , the Laird of Pitmillie , who were in the Castle of Scherisburgh , that they would come to Masse with the Captain : Who answered , That the Captain had commandment to keep their bodies , but he had no power to command their consciences . The Captain replyed , That he had power to command , and to compel them to go where he went. They answered , That to go to any lawfull place with him , they would not refuse : But to do any thing that was against their conscience , they would not , neither for him , nor yet for the King. The Captain said , Will ye not go to the Masse ? They answered , No ; and if ye compell us , yet we will displease you farther ; for we will use our selves there , that all those that are present shall know we despise it . These same answers ( and somewhat sharper ) William Kirkcaldie , Peter Carmichell , and such as were with them in Mount S. Michell , gave to their Captaine ; for they said , They would not onely heare Masse every day , but that they would help to say it , providing that they might sticke the Priests , or else they would not . M. Henry Balnaves , who was in the Castle of Roan , was most sharply assaulted of all ; for because he was judged learned ( as he was and is indeed ) therefore learned men were appointed to travell with him ; with whom he had many conflicts , but God so ever assisted him , that they departed confounded , and he by the power of Gods Spirit remained constant in the Truth , and professing of the same , without any wavering , or declining to Idolatry . In the prison he wrote a comfortable Treatise of Justification , and of the works and conversation of a man justified ; which is extant to this day . Those that were in the Gallies , were threatned with torments , if they would not give reverence to the Masse ( for at certain times the Masse was said in the Gallies , or else hard by upon the shore , in presence of the Forsaris ) but they could never make the poorest of that company to give reverence to that Idoll : yea , when upon the Saturday at night they sung their Salve Regina , all the Scotish men put on their caps , their hoods , or such things as they had to cover their heads ; & when that others were compelled to kisse a painted boord ( which they called nostre Dame ) they were not pressed after once ; for this was the chance . Soon after their arrivall at Nantes , their great salve was song , and a glorious painted Lady was brought in to be kissed , and amongst others was presented to one of the Scotish men then chained . He gently said , Trouble me not ; such a jewell is accursed , and therefore I will not touch it . The Patron and the Arguiser , with two Officers , having the chief charge of all such matters , said , Thou shalt handle it : and so they violently thrust to his face , and put it betwixt his hands . Who seeing the extremity , took the Idoll , and advisedly looking about him , he cast it into the River , and said , Let our Lady now save her selfe ; she is light enough , let her learne to swim . After that was no Scotish man urged with that Idolatry . These are things that appear to be of no great importance ; and yet if we do rightly consider , they expresse the same obedience that God requireth of his people Israel , when they should be carried to Babylon : for he gave charge unto them , When they should see the Babylonians worship their gods of gold , silver , metall , and wood , they should say , The gods that have not made heaven and earth , shall perish from the heaven , and out of the earth . That confession gave that whole number , during the time of their bondage , in the which would God they had continued in their freedome ; for then had not M. Iames Balfour been Official , neither yet born a Cope for the pleasure of the Bishop . But to proceed : The said M. Iames Balfour being in the Galley with Iohn Knox ; and being wonderous familiar with him , would oftentimes ask his judgement , If he thought that ever they should be delivered ? Whose answer was ever , from the day that they entred into the Gallies , That God would deliver them from that bondage , to his glory , even in this life . And lying betwixt Dundie and S. Andrews , the second time that the Gallies returned to Scotland , the said Iohn Knox being so extremely sick , that few hoped his life , the said Master Iames willed him to look to the Land , and asked if he knew it ? who answered , Yes , I know it well , for I see the Steeple of that place , where God in publike opened my mouth to his glory : And I am fully perswaded , how weake soever that I now appeare , that I shall not depart this life , till that my tongue shall glorifie his holy Name in the same place . This reported the said M. Iames , in the presence of many famous witnesses , many yeers before that ever the foresaid Iohn set his feet in Scotland this last time to Preach . William Kirkcaldie , then of Grange younger , Peter Carmichell , Robert and William Leslies , who were altogether in Mount S. Michell , wrote to Iohn Knox , asking counsell if they might with safe conscience break their prison ? Whose answer was , That if without the blood of any shed or spilt by them for their deliverance , they might set themselves at freedome , that they might safely do it : But to shed any mans blood for their freedom , thereto would he never consent . Adding further , That he was assured that God would deliver them , and the rest of that company , even in the eyes of the world , but not by such means as they looked for . That was by the force of friends , or by their other labours . By such means he affirmed , they should not be delivered , but that God would so work in in the deliverance of them , that the praise thereof should redound to his glory onely . He willeth therefore every one to take the occasion that God offered unto them . Providing that they did nothing against Gods expresse Commandment for deliverance of themselves . He was the more earnest in giving his counsell , because the old Laird of Grange and others repugned to their purpose ; fearing lest that the escaping of the others , should be an occasion of their worse entreatment . Whereunto the said Iohn answered , That such feare proceeded not from Gods Spirit , but only from a blinde love of thy self , and therefore that no good purpose was to be stayed , for things that were in the hands and power of God. And added , That in one instant , God delivered the whole company into the hands of unfaithfull men , but so would he not relieve them : But some would he deliver by one means , and at one time , and others must abide for a season upon his good pleasure . This counsell in the end was embraced , upon the Kings even , when French men commonly use to drinke liberally . The aforesaid four persons having the help and conducting of a boy of the house , bound all that were in the Castle , put them in sundry houses , locked the doors upon them , took the Keys from the Captain , and departed without harm done to the person of any , or without touching of any thing that appertained to the King , Captain , or the house . Great search was made thorow the whole Countrey for them . But it was Gods good pleasure so to conduct them , that they escaped the hands of the faithlesse , albeit it was with long travell , and great pain and poverty sustained ; for the French boy left them , and took with him the small money that they had : And so neither having money , nor knowledge of the Countrey . And farther , fearing that the boy should discover them ( as that in very deed he did ) they purposed to divide themselves , to change their garments , and to go in sundry parts . The two brethren , Will. and Rob. Leslie ( who now are become , the said Robert especially , enemies to Christ Jesus , and unto all vertue ) came to Roan ; Will. Kirkcaldie , and Peter Carmichell , in beggars garment came to Conquet ; and by the space of 12 or 13 weeks they travelled as poor Mariners , from Port to Port , till at length they gat a French Ship , landed in the West of Scotland , and from thence came to England , where they met before them the said Io. Knox , who that same Winter was delivered , and Alexander Clerk in his company . The said Iohn was first appointed Preacher to Barwick , then to Newcastle , last he was called to London , and to the South part of England , where he remained till the death of King Edward the sixt . When he left England , he then passed to Geneva , and there remained at his privy studie , till that he was called by the Congregation that then was assembled at Franckford , to be Preacher to them : which Vocation he obeyed ( albeit unwillingly ) at the commandment of that notable servant of God , Iohn Calvin : At Franckford he remained , till that some of the learned ( whose names we suppresse ) more given to unprofitable Ceremonies , then to sincerity of Religion began to quarrell with the said Iohn ; and because they despaired to prevail before the Magistrate there , for the establishing of their corruptions , they accused him of treason committed against the Emperour , and against their Soveraigne Queen Mary ; That in his Admonition to England he called the one little inferiour to Nero , and the other more cruell then Iesabell ; The Magistrate perceiving their malice , and fearing that the said Iohn should fall in the hands of his accusators , by one mean or by other gave advertisement secretly to him to depart their City , for they could not save him , if he were required by the Emperour , or by the Queen of England in the Emperours name . And so the said Iohn returned to Geneva , from thence to Diep , and thereafter to Scotland , as we shall after hear . The time and that Winter that the Gallies remained in Scotland , were delivered M. Iames Balfour his two brethren , David and Gilbert , Iohn Anchinlek , Iohn Sibald , Iohn Gray , William Gutrie , and Stevin Bell. The Gentlemen that remained in prisons , were by the procurement of the Queen Dowager to the Cardinall of Loraine , and to the King of France , set at liberty in the month of Iuly , anno 1550. who shortly thereafter were called to Scotland , their peace proclaimed , and they themselves restored to their lands , in despight of their enemies . And that was done in hatred of Duke Hamilton , because that then France began to have the Regiment of Scotland in their own hands . Howsoever it was , God made the hearts of their enemies to set them at liberty and freedom . There rested a number of common servants yet in the Gallies , who were all delivered upon the Contract of peace that was made betwixt France and England , after the taking of Bullen ; and so was the whole company set at liberty , none perishing ( no not before the world ) except Iames Melvin , who departed from the misery of this life in the Castle of Brest in Britaigne . This we write , to let the posteritie to come to understand how potently God wrought in preserving and delivering of those that had but a small knowledge of his truth , and for the love of the same hazarded all . That if either we now in our dayes having greater light , or our posteritie that shall follow us , shall see a fearfull dispersion of such as oppose themselves to impiety , or take upon them to punish the same otherwise then laws of men will permit : If we , say we , or they , shall see such left of men , yea , as it were despised and punished of God , yet let us not damne the persons , that punish vice ( and that for just cause ) nor yet despair but that the same God that dejects ( for causes unknown to us ) will raise up again the persons dejected to his glory & their comfort . And to let the world understand in plain terms what we mean , that great abuser of this Common-wealth , that pultron , and vile knave Davie , was justly punished the ninth of March , in the yeer of our Lord 1565. for abusing of the Common-wealth , and for his other villanies , which we lift not to expresse , by the counsell and hands of Iames Dowglas Earl of Mortoun , Patrick Lord Lindsay , and the Lord Ruthwen , with other assisters in the company , who all for their just act , and most worthy of all praise , are now unworthily left of all their brethren , and suffer the bitternes of banishment & exile But this is our hope in the mercies of our God , That this same blinde Generation whether it will or not , shall be compelled to see , That he will have respect to them that are injustly pursued , That he will pardon their former offences , That he will restore them to the liberty of their Country and Common-wealth again ; And that he will punish ( in despight of man ) the head and the taile , that now troubles the just , and maintaineth impiety . The head is known , the tail hath two branches . The temporall Lords that maintain such abominations as we see , & flattering counsellors of State , blasphemous Balfour , now called clerk of Register , Sinclare Dean of Lestarrig , and Bp. of Brechen , blinde of one eye in the body , but of both of his soul , upon whom God shortly after took vengeance . Leslie Preistesgate , Abbot of Londrosse , and Bishop of Rosse . Simon Preston , of Cragmillar , a right Epicurian : Whose end will be ere it be long according to their works . But now to return to our History . Hadington being kept , and much hearship done about in the Countrey ( for what the English-men destroyed not , that was consumed by the French ) God begins to fight for Scotland : For in the Town he sent a Plague so contagious , that with great difficultie could they have their dead buried . They were oft refreshed with new men , but all was in vain . Hunger and plague within , and the pursuit of the enemy with a campe volant lay about them , and intercepted all victuals ( except when they were brought by a Convoy from Barwick ) so constrained them that the Councel of England was conpelled in the spring time , to call their Forces from that place . And so spoiling and burning some part of the Town , they left it to be occupied to such as first should take possession , and those were the French-men , with a meane number of the ancient inhabitants , and so did God performe the words and threatnings of M. George Wischard , who said , That for that contempt of Gods Messenger , they should be visited with sword and fire , with pestilence , strangers and famine ; All which they found in such perfection , that to this day yet , that Town hath neither recovered the former beauty , nor yet men of such wisdom and ability , as then did inhabit it . Hereafter was Peace contracted betwixt France , England , and Scotland ; yea , a severall Peace was contracted betwixt Scotland and Flanders together with all the Easterlings . So that Scotland had peace with the world . But yet would their Bishops make War against God : For as soone as ever they got any quietnesse , they apprehended Adam Wallace , alias , Fian , a simple man without great learning , but one that was zealous in godlinesse , and of an upright life : He , with his wife Beatrice Levingstonne , frequented the company of the Lady Ormeston , for instruction of her children , during the trouble of her husband , who then was banished . This Bastard , called Bishop of S. Andrews , took the said Adam forth of the place of Wynton ( men supposed that they thought to have apprehended the Lairde ) and carried him to Edinburgh , where after certain dayes he was presented to judgement in the Church of the Blacke Theeves , alias , Friers , before Duke Hamilton , the Earle of Huntly , and divers others besides . The Bishops and their rabble , they began to accuse him ( Master Iohn Lawder was his accusator ) That he took upon him to Preach . He answered , That he never judged himselfe worthy of so excellent a vocation , and therefore he never took upon him to Preach ; but he would not deny , that sometimes at Table , and sometimes in some other privie places he would reade and had read the Scriptures , and had given such exhortation as God pleased to give to him , to such as pleased to heare him . Knave , quoth one , What have you to do to meddle with the Scripture ? I think , ( said he ) it is the dutie of every Christian , to seek the will of his God , and the assurance of his salvation where it is to be found , and that is within the Old and New Testament . What then ( said another ) shall we leave to the Bishops and Church-men for to do ? if every man shall be a babler upon the Bible . It becometh you ( said he ) to speak more reverently of God ; and of his blessed Word : if the Judge were uncorrupted he would punish you , for your blasphemie . But to your Question , I answer ; That albeit ye and I , and other five thousand within this Realm should read the Bible , and speak of it , what God should give us to speak , yet left we more to the Bishops to do , then either they will do , or can do . For we leave to them publike●y to Preach the Gospel of Jesus Christ , and to feed the flock , which he hath redeemed by his own blood , and hath commanded the same to all true Pastors . And when we leave this unto them , me thinks , we leave to them a heavie burden ; And that we do unto them no wrong , although we search our own salvation where it is to be found , considering that they are but dumb Dogs , and unsavory Salt , that hath altogether lost the season . The Bishops hereat offended , said , What prating is this ? Let his accusation be read . And then was begun , False Traitour , Hereticke ; Thou Baptizedst thine own Childe . Thou saidst , There is no Purgatory ; Thou saidst , That to pray to Saints , and for the dead , is Idolatry , and a vaine Superstition , &c. What sayest thou to these things . He answered , If I should be bound to answer , I would require an upright and an indifferent Judge . The Earle of Huntly disdainefully said ; Foolish man , Wilt thou desire any other Judge then my Lord Dukes Grace , great Governour of Scotland ; and my Lords the Bishops , and the Clergie here present ? Whereto he answered ; The Bishops can be no Judges to me , for they are open enemies to the Doctrine that I professe . And as for my Lord Duke , I cannot tell whether he hath the knowledge that should be in him that should judge and discern betwixt Lies and the Trueth , the Inventions of men , and the true worshipping of God. I desire Gods Word ( and with that he produced the Bible ) to be judge betwixt the Bishops and me , and I am content that ye all hear ; and if by this Booke I shall be convinced , to have taught , spoken , or done , in matters of Religion , any thing that repugneth to Gods will , I refuse not to die . But if I cannot be convinced ( as I am assured by Gods Word I shall not ) then I in Gods name desire your assistance , That malicious men execute not upon me unjust Tyrannie . The Earle of Huntley said , What a babling foole is this ? Thou shalt get none other Judges then these that sit here . Whereunto the said Adam answered ; The good will of God be done : But be ye assured , my Lord , with such measure as ye mete to others , with the same measure it shall be met to you againe . I know that I shall die , but be ye assured , that my blood shall be required at your hands . Alexander , Earle of Glencarne , yet alive , said to the Bishop of Orknay , and others that sate nigh him , Take heed all you my Lords of the Clergie , for here I protest , for my part , that I consent not to his death : And so without feare prepared the said Adam to answer . And first to the Baptizing of his own Childe , he said , It was and is as lawfull to me , for lacke of a true Minister , to Baptize my owne Childe , as that it was to Abraham to Circumcise his son Ismael , and his family . And as for Purgatory , Praying to Saints , and for the dead , I have oft read ( said he ) both the New and Old Testaments , but I neither could finde mention , nor assurance of them ; And therefore I beleeve that they are but meere inventions of men , devised for covetousnesse sake . Well , quoth the Bishop , ye hear this , my Lords . What sayest thou of the Masse , speires the Earle of Huntly ? He answered , I say , my Lord , as my Lord Jesus Christ saith , That which is in greatest estimation before men , is abhomination before God. Then all cried out , Heresie , Heresie . And so was the simple servant of God adjudged to the fire , which he patiently sustained that same day at after-noon upon the Castle-hill . And so began they again to pollute the land which God had lately plagued , for yet their iniquity was not come to full ripenesse , as that God would that they should be manifested to this whole Realme ( as this day they are ) to be Fagots prepared for everlasting fire ; and to be men whom neither Plagues may correct , nor the light of Gods Word convert from their darknesse and impiety . The Peace as is said , is contracted . The Queen Dowager past by sea to France , with Gallies that for that purpose were prepared , and took with her divers of the Nobility of Scotland . The Earles Huntley , Glencarne , Mershell , Cassiles : The Lords Maxwell , Fleiming , Sir George Dowglas , together with all the late Kings naturall sons , and divers Barons , and Gentlemen of Ecclesiasticall estate ; the Bishop of Galloway , and many others , with promise that they should be richly rewarded for their good service . What they received we cannot tell , but few were made rich at their returning . The Dowager had to practise somewhat with her brethren , the Duke of Gwise , and the Cardinall of Loraine . The weight whereof the Governour after felt ; for shortly after her returne , was the Governour deposed of the government ( justly by God , but most unjustly by man ) and she made Regent , in the yeer of our Lord 1554. and a Crown put upon her head , as seemly a sight ( if men had eyes ) as to put a Saddle upon the backe of an unruly Cow. And so began she to practise , practise upon practise , How France might be advanced , her friends made rich , and she brought to immortall glory : For that was her common talk , So that I may procure the wealth and honour of my Friends , and a good fame unto my selfe , I regard not what God do after with me . And in very deed , in deep dissimulation to bring her owne purpose to effect , she passed the common sort of women , as we will after heare . But yet God , to whose Gospel she declared her selfe enemie , in the end frustrated her of all her devices . Thus did light and darknesse strive within the Realme of Scotland : The darknesse ever before the World suppressing the light , from the death of that notable servant of God , Master Patricke Hamilton , untill the death of Edward the sixth , the most godly and most vertuous King that had been known to have reigned in England , or elsewhere , these many yeeres by past , who departed the miseries of this life the sixth of July , Anno 1553. The death of this Prince was lamented of all the godly within Europe , for the graces given unto him of God , as well of nature , as of erudition and godlinesse , passed the measure that accustomably is used to be given to other princes in their greatest perfection , and yet exceeded he not 16 yeers of age . What Gravity , above age ? What Wisdom , wherein he passed all understanding or expectation of man ? And what Dexterity in answering in all things proposed , were in that excellent Prince . The Ambassadours of all Countries ( yea , some that were mortall enemies to him , and to his Realme , amongst whom the Queen Dowager of Scotland was not the least ) could and did testifie : For the said Queen Dowager returning from France through England , communed with him at length , and gave record when she came to this Realme , That she found more wisdome and solide judgement in young King Edward , then she would have looked for in any three Princes that were then in Europe . His liberality towards the godly and learned that were in other Realms persecuted was such , as Germans , French-men , Italians , Scots , Spaniards , Polonians , Grecians , and Hebrews born , can yet give sufficient document . For how honourably was Martin Bucer , Peter Martyr , Iohn Alasco , Emanuel Gualterus , and many others upon his publike stipends entertained , their parents can witnesse , and they themselves during their lives would never have denied . After the death of this most vertuous Prince ; of whom the godlesse people of England ( for the most part ) were not worthy , Satan intended nothing lesse then the light of Jesus Christ utterly to have been extinguished within the whole Isle of Britain . For after him was raised up in Gods hot displeasure , that Idolatresse and mischievous Mary of the Spaniards blood , a cruell persecutrix of Gods people , as the acts of her unhappy reigne can sufficiently witnesse . And in Scotland that same time ( as we have heard ) reigned that crafty practiser , Mary of Loraine , then named Regent of Scotland , who bound to the devotion of her two brethren , the Duke of Guise , and Cardinall of Loraine , did onely abide the opportunity to cut the throat of all those , in whom she suspected any knowledge of God to be within the Realme of Scotland . And so thought Satan that his kingdome of darknesse was in quietnesse and rest , as well in the one Realme as in the other . But that provident eye of our eternall God , who continually watches for preservation of his Church , did so order all things , that Satan shortly after found himselfe farre disappointed of his conclusion taken . For in that cruell persecution used by Queen Mary of England , were godly men dispersed into divers nations ; of whom it pleased the goodnesse of God to send some unto us for our comfort and instruction . And first came a simple man , William Harlaw , whose erudition , although it excell not , yet for his whole and diligent plainnesse in Doctrine , is he to this day worthy of praise , and remaines a fruitfull member within the Church of Scotland . After him came that notable man Iohn Willocke , as one that had some Commission to the Queen Regent , from the Dutchesse of Emden . But his principall purpose was to essay what God would worke by him in his native countrey . These two did sometimes in severall companies assemble the brethren , who by their exhortations began greatly to be encouraged , and did shew that they had an earnest thirst of godlinesse . And last came Iohn Knox in the end of the harvest , Anno 1555. who first being lodged in the house of that notable man of God Iames Sime , began to exhort secretly in that same house , whereunto repaired the Laird of Dun , David Forresse , and some certain personages of the Town , amongst whom was Elizabeth Adamson , then spouse to Iames Barrone Burgesse of Edinburgh , who by reason that she had a troubled conscience delighted much in the company of the said Iohn , because that he , according to the grace given unto him , opened more fully the Fountaine of Gods Mercies , then did the common sort of Teachers , that she had heard before ( for she had heard none except Friers ) and did with such greedinesse drinke thereof , that at her death she did expresse the fruit of her hearing , to the great comfort it of all those that repaired unto her . For albeit she suffered most grievous torment in her body , yet out of her mouth was heard nothing , but praising of God , except that sometimes she lamented the troubles of those that were troubled by her . Being sometimes demanded by her sisters ; What she thought of that pain which she then suffered in body , in respect of that wherewith sometimes she was troubled in spirit . She answered , A thousand yeere of this torment , and ten times more joyned unto it , is not to be compared in the quarter of an houre that I suffered in my spirit . I thanke my God , through Iesus Christ , that hath delivered me from that fearfull pain , and welcome be this , even so long as it pleaseth his godly Majestie to exercise me therewith . A little before her departure , she desired her sisters and some others that were beside her , to sing a Psalme , and amongst others she appointed the 103. Psalme , beginning , My soule praise thou the Lord alwayes , which ended , she said , At the Teaching of this Psalme , began my troubled soule , first effectually to taste of the mercy of my God , which now to me is more sweet and precious , then if all the kingdomes of the earth were given to me to possesse them a thousand yeeres . The Priests urged her with their Ceremonies and Superstitions . To whom she answered , Depart from me ye Sergeants of Satan : for I have refused , and in your own presence doe refuse all your abominations . That which you call your Sacrament , and Christs body ( as ye have deceived us to beleeve in times past ) is nothing but an Idoll , and hath nothing to do with the right Institution of Iesus Christ , and therefore in Gods Name I command you not to trouble me . They departed , alleadging , That she raved , and wist not what she said . And she shortly after slept in the Lord Jesus , to no small comfort of those that saw her blessed departing . This we could not omit of this worthy woman , who gave so notable a Confession , before that the great light of Gods Word did universally shine thorowout this Realme . At the first coming of the said Iohn Knox , he perceiving divers who had a zeale to godlinesse , make small scruple to go to the Masse , or to communicate with the abused Sacraments in the Papisticall manner , began as well in privie Conference as in Preaching , to shew the impietie of the Masse , and how dangerous a thing it was , to communicate in any sort with Idolatrie : wherewith the conscience of some being affrighted , the matter began to be agitate from man to man. And so was the said Iohn called to Supper , by the Laird of Dun , for that same purpose , where were assembled David Forresse , Master Robert Lockart , Iohn Willocke , and William Maitland of Lethington younger , a man of good Learning , and of sharpe wit and reasoning . The Question was Proposed , and it was answered by the said Iohn ; That in no wise it was lawfull to a Christian to present himselfe to that Idoll . Nothing was omitted that might serve for the purpose , and yet was every head so fully answered , and especially one , whereunto they thought their great defence stood : To wit , That Paul at the commandment of Iames , and of the Elders of Ierusalem , passed to the Temple , and fained himselfe to pay his vow with others . This , we say , and other things , were so fully answered , that William Maitland concluded , saying , I see very perfectly that our shifts will serve nothing before God , seeing that they stand us in so small stead before men . The answer of Iohn Knox to the fact of Paul , and to the commandment of Iames was ; That Pauls fact had nothing to do with their going to Masse . For to pay Vowes was sometimes Gods Commandment , as was never Idolatry : But their Masse from the originall , was , and remained odious Idolatry ; Therefore the fact was most unlike . Secondarily , said he , I greatly doubt whether either Iames his commandment or Pauls obedience , proceeded of the holy Ghost : We know their counsell tendeth to this , That Paul would shew himselfe one that observed diligently the very small points of the Law , to the end he might purchase to himself the favours of the Jews , who were offended at him , by reason of the bruites that were spread , That he taught defection from Moses . Now while he obeyed their counsell , he fell into the most desperate danger that ever he sustained before ; whereby it was evident , That God approved not that mean of reconciliation ; but rather , that he plainely declareth , That evil should not be done , that good might come of it . Evil it was for Paul to confirme those obstinate Jewes in their Superstition by his example ; worse it was to him to expose himselfe and the Doctrine which before he had taught to slander and mockage . And therefore concluded the said Iohn , That the fact of Paul , and the sequell that thereof followed , appeared rather to fight against them that would go to the Masse , then to give unto them any assurance to follow his example ; unlesse that they would that the like trouble should instantly apprehend them , that apprehended him for obeying worldly-wise councell . After these , and like reasonings , the Masse began to be abhorred of such as before used it for the fashion and avoiding of slander ( as then they termed it ) Iohn Knox , at request of the Laird of Dun , followed him to his place of Dun , where he remained a moneth , daily exercised in Preaching , whereunto resorted the principall men of that countrey . After this returning , his residence was most in Calder , whither repaired unto him , the Lord Erskin , the Earle of Argyle , then Lord of Lorne , and Lord Iames , then Priour of S. Andrews , and after Earle of Murrey , where they heard , and so approved his Doctrine , that they wished it to have been publike . That same Winter he taught commonly in Edinburgh , and after Christmas , by the conduct of the Laird of Bar , and Robert Campbell of Kingieancleuch , he came to Kyle , and taught in the Bar , in the house of the Ca●nell , in the Kingieancleuch , in the Town of Air , and in the houses of Uchiltrie and Gathgirth , and in some of them he ministred the Lords Table . Before Easter the Earl of Glencarne sent for him to his place of Fynlaston , where after Sermon , he also ministred the Lords Table . Whereof besides himself , were partakers , his Lady , two of his sons , and certain of his friends . And so returned he to Calder , where divers from Edinburgh , and from the Countrey about , assembled , as well for the Doctrine , as for the right use of the Lords Table , which before they had never practised . From thence he departed the second time to the Laird of Dun , and teaching then in greater liberty , the Gentlemen required , That he should minister likewise unto them the Table of the Lord Jesus , where were partakers , the most part of the Gentlemen of the Mernes , who God be praised , to this day do constantly remain in the same doctrine which then they professed . To wit , That they refused all society with Idolatry , and bent themselves to the uttermost of their powers to maintain the true Preaching of the Gospel of Jesus Christ , as God should offer unto them Preachers and opportunitie . The bruite hereof spread ( for the Friers from all quarters flocked to the Bishops ) the said Iohn Knox was summoned to appear in the Church of the blacke Friers in Edinburgh , the fifteenth day of May , which day the said Iohn decreed to keep , and for that purpose Iohn Erskin of Dun , with divers other Gentlemen assembled to the Town of Edinburgh . But that Diet held not . For whether the Bishops perceived informalitie in their own proceedings , or if they feared danger to ensue upon their extremity , it is unknown unto us . But the Saturday before the day appointed , they cust their own summons , and the said Iohn , the same day of the summons taught in Edinburgh , in a greater audience then ever before he had done in that Town . The place was the Bishop of Dunkelles , his great lodging , where he continued in Teaching ten dayes , before and after noon . The Earle of Glencarne allured the Earle of Masrchell , who with Henry Drummond ( his counseller for that time ) heard an exhortation ( but it was in the night ) who were so well contented with it , that they both willed the said Iohn to write unto the Queen Regent somewhat that might move her to hear the Word of God. He obeyed their desire , and wrote that which after was published ▪ which we have caused to be Printed at the end of this Book , and is called , The Letter to the Queen Dowager ; Which was delivered unto her own hands by the said Alexander Earle of Glencarne : Which Letter when she had read , within a day or two , she delivered it to the proud Prelate Betone , Bishop of Glasgow , and said in mockage ; Please you my Lord to read a Pasquill : Which words coming to the ears of the said Iohn , was the occasion that to his Letter he made his additions , as yet may be seen . As concerning the threatnings pronounced against her own person , and the most principall of her friends ; let these very flatterers see what had failed of all that he had written . While Iohn Knox was thus occupied in Scotland , Letters came to him from the English Church that was assembled at Geneva ( which was separated from that superstitious and contentious company that was at Franckford ) commanding him in Gods Name , as he that was their chosen Pastour , to repaire unto them for their comfort . Upon the which the said Iohn took his leave from us , almost in every congregation where before he had Preached , and exhorted us to Prayers , to Reading of the Scriptures , and mutuall conference , untill such time as God should give unto us greater libertie . And hereupon he sent before him to Deep , his mother in Law Elizabeth Bowes , and his wife Marjory , with no small dolour of their hearts , and of many of us . He himselfe by procurement and labours of Robert Campell of Kingi●ancleuch , remained behinde in Scotland , and passed to the Earle of Argile , who then was in the castle Campbell , where he taught certain dayes . The Laird of Glenurqahay ( which yet liveth ) being one of his auditours , willed the said Earle of Argile to retaine him still , but he resolved on his journey , would not at that time stay for no request , adding , That if God blessed those small beginnings , and if that they continued in godlinesse , whensoever they pleased to command him , they should finde him obedient . He said , That once he must needs visit that little flock which the wickednesse of men had compelled him to leave . And so in the moneth of July he left this Realm , and past to France , and so to Geneva . Immediately after , the Bishops summoned him , and for non-appearance burnt him in effigie , at the Crosse of Edinburgh , in the yeer of our Lord 1555. from the which unjust Sentence the said Iohn made his appellation , and caused to Print the same , and direct it to the Nobility and Commons of Scotland , as yet may be read . In the Winter that the said Iohn abode in Scotland , appeared a Comet , the course whereof was from the South and South-West , to the North and North-east . It was seen the moneths of November , December , and January ; It was called , The firie bosom . Soon after died Christierne King of Denmark ; and War arose between Scotland and England , the Commissioners of both Realms were disappointed , who almost the space of six moneths had been upon the conditions of Peace , and were upon a neere point of conclusion . The Queene Regent with her Councell of the French faction decreed , War at New Battell , without giving any advertisement to the Commissioners for the part of Scotland . Such is the fidelitie of Princes , guided by Priests , whensoever they seeke their owne affections to be served . In the end of that next harvest was seen upon the borders of England and Scotland a strange fire , which descended from the heaven , and burnt divers cornes in both the Realms , but most in England . There was presented to the Queen Regent , by Robert Ormestone , a Calfe , having two heads , whereat she skipped , and said , It was but a common thing . The Warre began in the end of the harvest , as is said , and conclusion was taken that Warke should be assieged . The Army and Ordnance past forward to Maxwell Hewcht . The Queen Regent remained in the Castle of Hume , and thinking that all things were in assurance , Monsieur Dosell , then Lieutenant for France , gave charge that the Canons should be transported over the water of Tweid , which was done with expedition ( for the French in such facts are expert ) but the Nobility of Scotland nothing content of such proceedings , after consultation amongst themselves , past to the Pavilion of Monsieur Dosell , and in his own face declared , That in no wayes would they invade England . And therefore commanded the Ordnance to be retired : And so it was without further delay . This put an affray in Monsieur Dosells breeches , and kindled such a fire in the Queen Regents stomacke , as was not well slacked till her breath failed . And thus was that enterprise frustrate . But yet Warre continued , during the which , the Gospel of Jesus Christ began wonderously to flourish . For in Edinburgh began publikely to exhort William Harlow , Iohn Dowglas who had ( being with the Earle of Argyle ) Preached in Leyth , and sometimes exhorted in Edinburgh . Paul Meaffen began publikely to Preach in Dundie , and so did divers others in Angus and the Mernes . And last , at Gods good pleasure arrived Iohn Willocke , the second time from Emden , whose returne was so joyfull to the brethren , that their zeal and godly courage daily encreased . And albeit he contracted a dangerous sicknesse , yet he ceased not from labours , but taught and exhorted from his bed some of the Nobility ( of whom some are fallen back , amongst them the Lord Seaton is chief ) with many Barons and Gentlemen his auditors , and by him were godly instructed , and wonderously comforted . They kept their conventions , and held counsells with such gravity and closenesse , that the enemies trembled . The Images were stollen away in all parts of the Countrey . And in Edinburgh was that great Idol called Saint Gyle , first drowned in the North Loch , after burnt , which raised no small trouble in the Town ; for the Friers rooping like Ravens upon the Bishops , the Bishops ran upon the Queen , who to them was favourable enough , but that she thought it could not stand with her advantage to offend such a multitude as then took upon them the defence of the Gospel , and the name of Protestants . And yet consented she to summon the Preachers : whereat the Ptotestants neither offended , neither yet thereof afraid , determined to keep the day of Summons , as that they did . Which perceived by the Prelats and Priests , they procured a Proclamation to be publikely made , That all men that were come to the Towne without commandment of the Authority , should with all diligence repair to the Borders , and there remain fifteen dayes : For the Bishop of Galloway in this manner of rime said to the Queen ; Madame , because they are come without order ; I read ye send them to the Border . Now so had God provided , That the quarter of the Westland ( in the which was many faithfull men ) was that same day returned from the Border ; who understanding the matter to proceed from the malice of the Priests , assembled themselves together , and made passage to themselves , till that they came to the very privie chamber , where the Queen Regent and the Bishops were . The Gentlemen began to complain upon their strange intertainment , considering that her Majesty had found in them so faithfull obedience in all things lawfull . While the Queen began to craft , a zealous and a bold man , Iames Chalmers of Gaithgyrth , said , Madame , we know that this is the malice and device of the Iewels , and of that bastard ( meaning the Bishop of S. Andrews ) that standeth by you ; we avow to God we shall make a day of it . They oppresse us and our Tenants , for feeding of their idle bellies : They trouble our Preachers , and would murther them and us : Shall we suffer this any longer ? No , Madame , it shall not be . And therewith every man put on his steel Bonnets . There was heard nothing of the Queens part , but , My joyes , my hearts , What ayles you ? Me means no evil to you nor to your Preachers : The Bishops shall do you no wrong , ye are all my loving Subjects ; I know nothing of this Proclamation ; the day of your Preachers shall be discharged , and me will heare the controversie that is betwixt the Bishops and you ; they shall do you no wrong . My Lords ( said she to the Bishops ) I forbid you either to trouble them or their Preachers . And unto the Gentlemen , who were wonderously commoved , she turned again and said , O my hearts , should ye not love the Lord your God with all-your heart , with all your minde ? And should ye not love your neighbours as your self ? With these and the like words she kept the Bishops from buffets at that time . And so the day of Summons being discharged , began the brethren universally farther to be encouraged . But yet could the Bishops in no sort be quiet ; for Saint Gyles day approaching , they gave charge to the Provost-Ballies , and counsell of Edinburgh , either to get again the old Saint Gyle , or else upon their expences to make a new Image . The Counsell answered , That to them the charge appeareth very unjust ; for they understood that God in some places had commanded Idols and Images to be destroyed : But where he had commanded Images to be set up , they had not read ; and desired the Bishop to finde a warrant for his commandment . Whereat the Bishop offended , admonished , under pain of cursing , which they prevented by a former appellation , appealing from him , as a partiall and corrupt Judge , unto the Popes Holinesse ; and so great things shortly following that , passed in oblivion . Yet would not the Priests and Friers cease to have that great solemnity , and manifest abomination , which they accustomedly had upon Saint Gyles day ; to wit , They would have that Idoll borne , and therefore was all preparations duely made . A Marmouset Idoll was borrowed from the gray Friers ( a silver piece of Iames Carmichell was laid in pledge ) it was fast fixed with Iron nailes , upon a barrow called there Fertor . Their Asses , bloody Priests , Friers , Channons , and rotten Papists , with Tabors and Trumpeters , Banners and Bag-pipes : And who was there to lead the reigne , but the Queen Regent her selfe , with all her shavelings , for honour of that Feast . Well , about goeth it , and cometh downe the high street , and downe to the common Crosse. The Queen Regent dined that day in Alexander Carpentar his house , betwixt the Bowes : And so when the Idol returned back again , she left it , and past in to her dinner . The hearts of the brethren were wonderously enflamed ; and seeing such abomination so manifestly maintained , were decreed to be revenged . They were divided in severall companies , whereof not one knew of another . There were some temporizers that day ( amongst whom David Forresse , called the Generall , was one ) who fearing the chance to be done , as it fell , laboured to stay the brethren ; but that could not be : For immediately after that the Queen was entred in the lodging , some of those that were of the enterprise drew nigh to the Idol , as willing to help to bear him ; and getting the Fertor upon their shoulders , began to shoulder , thinking that thereby the Idol would have fallen , but that was provided and prevented by the Iron nailes , as we have said . And so began one to cry , Down with the Idoll , down with it : And then without delay it was pulled downe . Some brag made the Priests Patrones at the first ; but when they saw the feeblenesse of their god ( for one tooke him by the heeles , and dading his head to the street , left Dagon without a head or hands , and said , Fie upon thee , thou young Saint Gyle , thy father would have tarried for such . ) This considered ( we say ) the Priests and Friers fled faster then they did at Pinckey Clewch . There might have beene so sudden a fray as seldome hath been amongst that sort of men within this Realme ; for down goeth the Crosses , off goeth the Surplices , round Caps , Cornets with the Crowns . The gray Friers gaped , the black Friers blew , the Priests panted and fled , and happy was he that first gat the house ; for such a sudden fray came never amongst the generation of Antichrist within this Realme before . By chance there lay upon a stayre a merry English-man ; and seeing the discomfiture to be without blood , thought he would adde some merrinesse to the matter : and so cried he over the staire , and said , Fie upon you whorsons , why have you broken order , down the street they passed in aray , and with great mirth : why flee the villains now without order ? turn and strike every man a stroke for the honour of his God ; fie cowards fie , ye shall never be judged worthy of your wages againe . But exhortations were then unprofitable : For after that Bell had broken his necke , there was no comfort to his confused Armie . The Queene Regent laid up this amongst her other inventions , till that she might have seene the time proper to have revenged it . Search was made for the doers , but none could be deprehended : For the brethren assembled themselves in such sort , in companies , singing Psalmes , and praising God , that the proudest of the enemies were astonished . This Tragedie of Saint Gyles was so terrible to some Papists , that Durie , sometimes called for his filthinesse Abbot Stottikin , and then intituled , Bishop of Galloway , left his Riming , wherewith he was accustomed , and departed this life even as he had lived . For the Articles of his beleefe were . I referre . Decarte you . Ha , ha , the foure Kings and all made . The devil go with it ; It is but a varlet . From France we thought to have gotten a Rubie ; And yet is he nothing but a Cahoobie . With such Faith and such Prayers departed out of this life that enemy of God , who had vowed and plainly said , That in despight of God , so long as they that then were Prelates lived , should that Word ( called the Gospel ) never be Preached within this Realme . After him followed that belly-God Master David Panter , called , Bishop of Rosse , even with the like documents , except that he departed eating and drinking , which , together with the rest that thereupon depended , was the pastime of his life . The most part of the Lords that were in France at the Queens Marriage ▪ although that they got their leave from the Court , yet they forgot to return to Scotland . For whether it was by an Italian Posset , or French Feggs , or by the Pottage of their Apothecary ( he was a French-man ) there departed from this life , the Earl of Cassiles , the Earl of Rothesse , Lord Fleming , and the Bishop of Orknay , whose end was even according to his life : For after that he was driven back by a contratious winde , and forced to land again at Deep , perceiving his sicknesse to increase , he caused to make his bed betwixt his two coffers ( some said upon them ) such was his God , the gold that therein was inclosed , that he could not depart therefrom , so long as memory would serve him . The Lord Iames , then Prior of S. Andrews , had ( by all appearance ) licked of the same broath that dispatched the rest , for thereof to his death , his stomacke doth testifie . But God preserved for a better purpose . This same Lord Iames , after Earle of Murray , and the said Bishop were commonly at debate in matters of Religion ; and therefore the said Lord , hearing of the Bishops disease , came to visit him : and finding him not so well at a point , as he thought he should have been , and as the honour of the countrey required , said unto him ; Fie , my Lord , how lie you so ? will you not go to your Chamber , and not lie heere in this utter Roome . His answer was ; I am well where I am , my Lord , so long as I can tarry , for I am neer unto my friends ( meaning his coffers , and the gold therein . ) But my Lord ( said he ) how long have you and I been in plea for Purgatorie , I thinke that I shall know ere it be long whether there be such a place or not . While the other did exhort him to call to minde the promises of God , and the vertue of Christs death : He answered , Nay my Lord , let me alone , for you and I never agreed in our life , and I thinke we shall not agree now at my death , I pray you therefore let me alone . The said Lord Iames departed to his Lodging , and the other shortly after departed this life ; whither , the great day of the Lord will declare . When the word of the departing of so many Patrons of Papistry , and of the manner of their departing , came unto the Queene Regent , after astonishment and musing , she said ; What shall I say of such men ? They left me as beasts , and as beasts they die : God is not with them , neither with that which they enterprise . While these things were in doing in Scotland and France , that perfect hypocrite , Master Iohn Synclare , then Deane of Lestarrige , and now Lord President , and Bishop of Brechin , began to Preach in his Church of Lestarrige , and at the beginning held himselfe so indifferent , that many had opinion of him , That he was not far from the Kingdom of God. But his hypocrisie could not long be cloaked : for when he understood that such as feared God began to have a good opinion of him , and that the Friers and others of that sect began to whisper , That if he took not heed in time to himself and unto his Doctrine , he would be the destruction of the whole state of the Church . This by him understood , he appointed a Sermon , in the which he promised to give his judgement upon all such heads , as then were in controversie in the matters of Religion . The bruit hereof made his audience great at the first : But that day he so handled himself , that after that no godly man did credit him : for he not onely gainsaid the Doctrine of Justification and of Prayer , which before he had taught , but also he set up and maintained Papistry to the uttermost prick , yea , Holy-water , Pilgrimage , Purgatory , and Pardons were of such vertue in his conceit , That without them he looked not to be saved . In this mean time the Clergy made a brag , That they would dispute . But M. David Panter , which then lived and lay at Lestarrige , disswaded them therefrom , affirming , That if ever they disputed , but where themselves were both Judge and partie , and where that fire and sword should obey their decree , that then their cause was marred for ever : For their victory stood neither in God nor in his Word ; but in their own wills , and in the things concluded by their own counsells ( together with sword and fire ) whereto ( said he ) these new up-start fellows will give no place , but they will call you to your Count-book , and that is , to the Bible ; and by it ye will no more be found the men that ye are called , then the Devil will be approved to be God. And therefore if ye love your selves enter never into disputation , neither yet call ye the matter into question , but defend your possession , or else all is lost . Caiaphas could not give any better counsell to his companions , but yet God disappointed both them and him , as after we shall heare . At this same time some of the Nobility directed their Letters to call Iohn Knox from Geneva , for their comfort , and for the comfort of their brethren the Preachers , and others that then couragiously fought against the enemies of Gods Trueth . The Tenour of their Letter is this . Grace , Mercy , and Peace for Salvation . DEarly Beloved in the Lord , the faithfull that are of your acquaintance in these parts ( thanks be unto God ) are stedfast in the beliefe wherein yee left them , and have a godly thirst and desire day by day of your presence againe : Now if the Spirit of God will so move you , and grant time unto you , we all heartily desire you , in the Name of the Lord , That ye would returne again into these parts , where you shall finde all the faithfull that ye left behinde you , not onely glad to heare your doctrine , but also ready to jeopard their lives and goods for the setting forward of the glory of God , as he will permit . And albeit the Magistrates in this Countrey be as yet but in the state ye left them in , yet at the making hereof we have no experience of any more cruelty to be used , then was before : But rather we have beliefe , That God will augment his Flock , because we see daily the Friers , enemies to Christs Gospel , in lesse estimation with the Queen , and the Nobility of our Realm . This , in few words , is the minde of the faithfull being present , and others absent . The rest of our mindes this faithfull Bearer will shew you at length . Thus fare ye well in the Lord. At Sterlin the tenth of March , Anno 1556. This is the true Copy of the Letter , being subscribed by the names under-written . Sic subscribitur , Glencarne . Lorne , now Argyle . Erskin . Iames Stewart . The Letters were delivered to the foresaid Iohn in Geneva , by the hands of Iames Sym , who now resteth with Christ , and of Iames Barrone , who yet liveth . In the Moneth of May , immediately after these Letters were received and advised upon , he took consultation , as well with his owne Church , as with that notable servant of God Iohn Calvine , and with other godly Ministers ; who all with one consent said , That he could not refuse that Vocation , unlesse he would declare himselfe rebellious unto his God , and unmercifull to his Countrey : And so he returned answer , with promise to visite them with reasonable expedition , and so soon as he might put order to that deare Flocke that was committed to his Charge . And so in the end of the next September after , he departed from Geneva , and came to Deape , where there met him contrary Letters , as by his answer thereto we may understand . The Spirit of Wisedome , Constancie and Strength , be multiplied with you , by the favour of God our Father , and by the grace of our Lord Iesus Christ. ACcording to my promise , my Right Honourable , I came to Deape the four and twentieth day of October , of full minde , by the good will of God , with the first Ships , to have visited you . But because two Letters not very pleasing unto the flesh were there presented unto me , I was compelled to stay for a time . The one was directed to my self , from a faithfull brother , which made mention , that a new consultation● was appointed for finall conclusion of the matter before purposed ; and willed me therefore to abide in these parts till the determination of the same . The other Letter was directed from a Gentleman to a friend , with charge to advertise me , That he had communed with all those that seemed most franke and fervent in the matter ; and that in none did he finde such boldnesse and constancy as was requisite for such an enterprise ; but that some did ( as he writeth ) repent that ever any such thing was moved : Some were partly ashamed , and others were able to deny that ever they did consent to any such purpose , if any tryall or question should be taken thereof , &c. Which Letters when I had considered , I was partly confounded , and partly was pierced with anguish and sorrow . Confounded I was , that I had so far travelled in the matter , moving the same to the most godly and most learned that this day we know to live in Europe , to the effect that I might have their judgements and grave counsells , for assurance as well of your consciences , as of mine , in all enterprises . And then that nothing should succeed of so long consultation , cannot but redound , either to your shame or mine . For either it shall appeare that I was marvellous vain , being so solicited , where no necessity required ; Or else that such as were movers thereto , lacked the ripenesse of judgement in their first Vocation . To some it may appeare , a small and light matter , that I have cast off , and as it were abandoned , as well my particular care , as my publike Office and Charge , leaving my house and poor family destitute of all head , save God only , and committing that small ( but to Christ dearly beloved ) flock , over the which I was appointed one of the Ministers , to the charge of another . This , I say , to worldly men , may appeare a small matter : But to me , it was and is such , that more worldly substance then I will expresse , could not have caused me willingly to behold the eyes of so many grave men weep at once for my cause , as that I did in taking my last good night from them : To whom if it please God that I returne , and question be demanded , What was the impediment of my purposed journey , judge you what I shall answer . The cause of my dolour and sorrow ( God is my witnesse ) is for nothing pertaining either to my corporall contentment , or worldly displeasure ; but it is for the grievous plagues and punishments of God , which assuredly shall apprehend , not onely you , but every inhabitant of that miserable Realm and Isle , except that the power of God , by the liberty of his Gospel , deliver you from Bondage . I mean not onely that perpetuall fire and torment prepared for the devil , and for such as denying Christ Jesus , and his knowne Verity , do follow the sons of wickednesse to perdition ( which most is to be feared ) but also that thraldome and misery that shall apprehend your owne bodies , your children , subjects , and posterity , whom ye have betrayed ( in conscience I can except none that beare the name of Nobility ) and presently fight to betray them and your Realme to the slavery of strangers . The War begun ( although I acknowledge it to be the work of God ) shall be your destruction , unlesse that betime remedie be provided . God open your eyes , that ye may espie and consider your own miserable estate . My words shall appear to some , sharp , and undiscreetly spoken . But as charity ought to interpret all things to the best , so ought wise men to understand , That a true friend cannot be a flatterer . Especially , when the questions of salvation both of body and soule are moved ; and that not of one , nor of two , but as it were of a whole Realm or Nation . What are the sobs , and what is the affection of my troubled heart , God shall one day declare : But this will I adde to my former rigour and severity , to wit , If any perswade you for fear of dangers that may follow , to faint in your former purpose , be he so wise and friendly , let him be judged of you both foolish , and your mortall enemy : Foolish , for because he understood nothing of Gods approved wisedome ; and enemy unto you , because he laboured to separate you from Gods favour , provoking his vengeance , and grievous plagues against you : because he would , That ye should prefer your worldly rest to Gods praise and glory ; and the friendship of the wicked , to the salvation of your brethren . I am not ignorant that fearfull troubles shall ensue your enterprise ( as in my former Letters I did signifie unto you . ) But O joyfull and comfortable are the troubles and adversities , which man sustaineth for accomplishment of Gods will revealed by his word ! For how terrible soever they appeare to the judgement of the naturall man , yet are they never able to devour , nor utterly to consume the sufferers : For the invisible and invincible power of God sustaineth and preserveth according to his promise , all such as with simplicity do obey him . The subtill craft of Pharaoh many yeers joyned with his bloody cruelty , was not able to destroy the male children of Israel ; neither were the waters of the Red Sea , much lesse the rage of Pharaoh able to confound Moses , and the company which he conducted , and that because the one had Gods Promise that they should multiply ; and the other had his Commandment to enter into such dangers . I would your wisedoms should consider that our God remaineth one , and is immutable ; and that the Church of Christ Jesus hath the same promise of protection and defence , that Israel had of multiplication : And farther , That no lesse cause have ye to enter into your former enterprise , then Moses had to go to the presence of Pharaoh ( for your vassalls , yea your brethren are oppressed , their bodies and souls holden in bondage , and God speaketh to your consciences , ( unlesse ye be dead with the blinde world ) that ye ought to hazard your owne lives ( be it against Kings or Emperours ) for their deliverance . For onely for that cause are ye called Princes of the people . And ye receive of your Brethren , Honour , Tribute , and Homage , at Gods Commandment , not by reason of your Birth and Progenie ( as the most part of men do falsly suppose ) but by reason of your Office and Duty , which is to vindicate and deliver your subjects and brethren from all violence and oppression to the uttermost of your power . Advise diligently , I beseech you , with the points of that Letter which I directed to the whole Nobility ; and let every man apply the matter and case to himself ; for your conscience shall one day be compelled to acknowledge , That the Reformation of Religion , and of publike enormities , doth appertaine to more then to the Clergie , or chief Rulers , called Kings . The mighty Spirit of the Lord Jesus rule and guide your counsells to your eternall glory , your eternall comfort , and to the consolation of your brethren . Amen . From Deape the 27 of October . 1557. These Letters received and read , together with others directed to the whole Nobility , and some to particular Gentlemen , as to the Lairds of Dun and Petarrow , new consultation was had what was best to be done ; and in the end it was concluded , That they would follow forward their purpose once intended , and would commit themselves , and whatsoever God had given them , into his hands , rather then they would suffer Idolatry so manifestly to raigne , and the Subjects of that Realme so to be defrauded , as long as they had been of the onely food of their souls , the true Preaching of Christs Gospel . And that every one should be the more assured of other , a common Bond was made , and by some subscribed : The tenor thereof followeth . WE perceiving how Sathan in his members , the Antichrists of our time , cruelly do rage , seeking to overthrow and destroy the Gospel of Christ , and his Congregation , ought , according to our bounden duty , to strive in our Masters Cause , even unto the death , being certaine of the Victory in him : The which our duty being well considered ▪ We do promise before the Majestie of God , and his Congregation , That we ( by his grace ) shall with all diligence continually apply our whole power , substance , and our very lives , to maintain , set forward , and establish the most blessed Word of God , and his Congregation : And shall labour according to our power , to have faithfull Ministers , truely and purely to minister Christs Gospel and Sacraments to his people . We shall maintain them , nourish them , and defend them ; the whole Congregation of Christ , and every Member thereof according to our whole powers , and waging of our lives , against Sathan and all wicked power that doth intend Tyranny or trouble against the foresaid Congregation . Unto the which holy Word , and Congregation , we do joyne us ; and so do forsake and renounce the Congregation of Sathan , with all the superstitious abomination and idolatry thereof . And moreover , shall declare our selves manifestly enemies thereto , By this our faithfull Promise before God , testified to this Congregation , by our Subscription at these Presents . At Edinburgh the third of December , anno 1557. God called to witnesse . Sic subscribitur . A. Earle of Argyle . Glencarne . Mortoun . Archibald , Lord of Lorne . Iohn Erskin of Dun , Et caetera . A little before that this Bond was subscribed by the fore-written , and many other Letters were directed again to Io. Knox from the said Lords , together with their Letters to M. Calvin , craving of him , That by his authority he would command the said Iohn once again to visite them . These Letters were delivered by the hands of M. Iohn Gray , in the Moneth of November , anno 1558. who at that same time past to Rome , for expedition of the Bowes of the Bp. of Rosse , to M. Henry Sinclar . Immediately after the subscription of this foresaid Bond , the Lords and Barons professing Christ Jesus , convened frequently in counsell : in the which these Heads were concluded : First , It is thought expedient , advised , and ordained , That in all Parishes of this Realm the Common-Prayer be read weekly on Sunday , and other Festivall dayes publikely in the Parish Churches , with the Lessons of the Old and New Testament , conformed to the order of the Book of Common Prayers . And if the Curats of the Parishes be qualified , to cause them to read the same . And if they be not , or if they refuse , that the most qualified in the Parish use and reade the same . Secondly , It is thought necessary , that Doctrine , Preaching , and Interpretation of Scriptures be had and used privately in quiet houses , without great conventions of the people thereto , while afterward that God move the Prince to grant publike Preaching by faithfull and true Ministers . These two heads concerning the Religion , and some others concerning the policie being concluded , the old Earle of Argyle took the maintenance of Iohn Dowglas , caused him to Preach publikely in his house , and reformed many things according to his counsell . The same boldnesse tooke divers others , as well within Towns , as in the country , which did not a little trouble the Bishops and Queen Regent : As by this Letter and Credit committed to Sir David Hamilton , from the Bishop of S. Andrews to the said Earle of Argyle may be clearly understood . The Bishops Letter to the old Earle of Argyle . MY Lord , after most hearty commendations , this is to advertise your Lordship that we have directed this Bearer our Cousin towards your Lordship , in such businesse and affaires as concerneth your Lordships honour , profit , and great well-being , as the said Bearer will declare to your Lordship at more length . I pray your Lordship , effectuously to advert thereto , and to have care to use your Lordships friends , that alwayes hath wished the honour , profit , and prosperity of your Lordships house , as of our own . I pray you give credit to the Bearer . Iesu have your Lordship in everlasting keeping . Of Edinburgh , the five and twentieth day of March , Anno 1558. Sic subscribitur . Your Lordships at all power Saint Andrews . Followes the Credit . MEmorandum , To Sir David Hamilton , to my Lord Earle of Argyle , in my behalfe , and let him see and heare every Article . 1. Imprimis , To repeat the ancient blood of his house , how long it hath stood , how notable it hath been , and so many Noble-men hath been Earles , Lords and Knights thereof : How long they have reigned in their parts , true and obedient both to God and the Prince , without any spot in their dayes in any manner of sort : And to remember how many notable men are come of his house . 2. Secondly , To shew him the great affection I beare towards him , his blood , house , and friends , and of the ardent desire I have of the perpetuall standing of it in honour and fame , with all them that are come of it : Which is my part , for many and divers causes , as you shall see . 3. Thirdly , To shew , my Lord , how heavy and displeasing it is to me , now to heare , That he who is and hath been so Noble a man , should be seduced and abused , by the flattery of such an infamed person of the Law , and men sworne Apostate , that under the pretence that he giveth himself forth as a Preacher of the Gospel and Veritie , under that colour , setteth forth Schismes and Divisions in the holy Church of God , with Hereticall Propositions , thinking that under his maintenance and defence , to infect this Countrey with Heresie , perswading my said Lord , and others , his children and friends , that all that he speaketh is Scripture , and conform thereunto , albeit that many of his Propositions are many yeers past condemned by generall Councels , and the whole state of Christian people . 4. Fourthly , To shew to my Lord how perillous this is to his Lordship and his house , and decay thereof , in case that authority should be sharp , and should use rigour conform both to Civill and Canon , and also your own Municipall law of this Realm . 5. Fifthly , to shew his Lordship how woe I would be , either to heare , see , or know any displeasure that might come to him , his son , or any of his house or friends , and especially in his own time and dayes . And as how great displeasure I have now to hear great and evil bruites of him that should in his old age , in a manner , vary from his faith , and to be altered therin when the time is that he should be most sure and firme therein . 6. Sixthly , To shew his Lordship that there is delation of that man called Dowglas , or Grant , of sundry Articles of Heresie which lieth to my charge and conscience to put remedie to , or else all the pestilentious Doctrine he sowes , and such like , all that are corrupt by his Doctrine , and all that he draweth from our Faith and Christian Religion , will lie to my charge before God : and I to be accused before God for overseeing of him , if I put not remedy thereto , and correct him for such things he is delated of . And therefore that my Lord consider , and weigh it well , how highly it lieth both to my honour and conscience : for if I favour him , I shall be accused for all them that he infects and corrupts in Heresie . 7. Seventhly , Therefore I pray my Lord , in most hearty maner to take this matter in the best part for his own conscience , honour , and weale of himselfe , house , friends , and servants : and sik like for my part , and for my conscience and honour . Then considering that there are divers Articles of Heresie to be laid to him , that he is dilated of , and that he is presently in my Lords company : That my Lord would by some honest way part with this man , and put him from him , and from his sons company : For I would be right sorry that any being in any of their companies should be called for such causes , or that any of them should be bruited to hold any sik man. And this I would advertise , my Lord , and have his Lordships Answer and Resolution , before any Summons passed upon him . 8. Eighthly , Item , If my Lord would have a man to instruct him truely in the Faith , and Preach to him , I would provide a learned man to him , and I shall answer for his true Doctrine , and shall Pand my soule that he shall teach nothing but truly , according to our Catholike Faith. Of Edinburgh , this last of March 1558. Sic subscribiter . Saint Andrews . Moreover , I hope your Lordship will call to good remembrance , and weigh the great and heavie murmure against me , both by the Queene , the Church-men , Spirituall and Temporall estates , and well given people , moaning , crying , and murmuring at me greatly , That I do not my Office : To those such infamous persons with such perversed Doctrine within my Diocesses , and this Realme , by reason of my Legacie and Primacie , which I have the rather sustained and long suffered , for the great love that I had to your Lordship and posterity , and your friends and your house : As beleeving surely your Lordships wisedome should not have maintained and medled with such things that might do me dishonour or displeasure , considering that I have bin ready to put good order thereto alwayes , but have modestly abstained , for the love of your Lordship and house aforesaid , that I beare truely ; knowing and seeing the great harm , and dishonour , and lack apparantly that might come there through , in case your Lordship remedie not the same hastily , whereby we might both be quiet of all danger , which doubtlesse will come upon us both , if I use not my Office , or that he be called , while that he is now with your Lordship , and under your Lordships protection . Subscribed againe . Saint Andrews . By these former Instructions thou mayest perceive ( Gentle Reader ) what was the care that this Pastour , or rather Impostour , with his Complices took to feed the flock committed to their charge ( as they alleadge ) and to gain-stand false Teachers : Here is oft mention of conscience , of Heresie , & such other terms that might fray the ignorant , and deceive the simple . But we hear no crime in particular laid to the charge of the accused , and yet is he condemned as a forsworn Apostata . This was my Lords conscience , which he learned of his fathers the Pharisees , old enemies to Christ Jesus , who condemned him before they heard him . But who ruled my Lords conscience , when he took his cousins wife , the Lady Gilton . Consider thou the rest of his perswasions , & thou shalt clearly see , That honour , estimation , love to house and friends , is the best ground that my Lord Bishop hath , why he should persecute Jesus Christ in his members . We thought good to insert the answers of the said Earle , which follow . Memorandum , This present Writ is to make answer particularly to every Article , directed from my Lord of S. Andrews to me , by Sir David Hamilton , which Articles are in number nine ; and heere repeated and answered , as I trust , to his Lordships contentment . 1. THe first Article putteth me in remembrance of the antiquity of the blood of my house , how many Earles , Lords , and Knights hath been thereof ; how many Noble-men descended of the same house , how long it continued true to God and the Prince , without spot , in their dayes , in any manner of sort . Answer , True it is , my Lord , that there is well-long continuance of my house , by Gods providence , and benevolence of our Princes whom we have served , and shall serve truely , next to God. And the like obedience , towards Gods and our Princes remaineth with us yet , or rather better , ( praised be the Lords Name ) neither know we any spot towards our Princesse , and her due obedience . And if there be offence towards God , he is mercifull to remit our offences . For he will not the death of a sinner . Like as it standeth in his omnipotent power to make up houses , to continue the same to alter them , to make them small or great , or to extinguish them according to his own inscrutable wisdom . For in exalting , depressing , and changing of houses , the laud and praise must be given to that one eternall God , in whose hands the same standeth . 2. The second Article beareth the great affection and love your Lordship beareth towards me and my house , and of the ardent desire ye have of the perpetuall standing thereof in honour and fame with all them that are coming of it . Answ. Forsooth it is your dutie to wish good unto my house , and unto them that are coming of the same ; not onely for the faithfulnesse , amity , and society that hath been between our forefathers ; but also for the late conjunction of blood that is between our said house , if it be Gods pleasure that it have successe . Which should give sufficient occasion to your Lordship to wish good to my house and perpetuity , with Gods glory , without which nothing is perpetuall , unto whom be praise and worship for ever and ever . Amen . 3. Thirdly , Your Lordship declareth how displeasant it is to you that I should be seduced by an infamed person of the Law , and by the flattery of a forsworn Apostata , that under pretence of his giving forth , maketh us to understand , That he is a Preacher of the Gospel , and therewith raiseth Schismes and Divisions in the whole Church of God : And by our maintenance and defence would infect this Countrey with Heresie , alleadging that to be Scripture , which these many yeeres past hath been condemned as Heresie by the generall Councells , and whole estate of Christian people . Answ. The God that created heaven and earth , and all that is therein , preserve me from seducing : for I dread others ; many under the colour of godlinesse are seduced , and think that they do God a pleasure , when they persecute one of them that professe his Name . What that man of the Law is , we know not ; we hear none of his flattery , his perjured Oath of Apostasie is unknown unto us : But if he have made any unlawfull Oath , contrary to Gods commandment , it were better to violate it , then to observe it . He Preaches nothing to us but the Gospel , if he would do otherwise , we would not beleeve him , nor yet an Angel of heaven : we heare him sowe no Schismes nor Divisions , but such as may stand with Gods Word , which we shall cause him to confesse , in presence of your Lordship and the Clergy , when ye require us thereto . And as to it that hath been condemned by generall Councels , we trust you know well , that all the generall Councels have been at diversity among themselves , and never two of them universally agreeing in all points , in so much as they are of men . But the Spirit of Verity that bears testimony of our Lord Jesus , hath not , neither can erre . For heaven & earth shal perish , ere one jot of it perish . Beyond this , my Lord , neither teacheth he neither will we accept of him , but that which agrees with the Word of God , set forth by the Patriarks , Prophets , Apostles , and Evangelists , left to our salvation in expresse words . And so my Lord , to condemn the Doctrine not examined , is not required : For when your Lordship pleaseth to hear the confession of that mans Faith , the manner of his Doctrine , which agreeth with the Gospel of Jesus Christ , I will cause him to assist to judgement , and shall be present there at Gods pleasure , that he may render reckoning of his belief , and our Doctrine to the superiour Powers , according to the prescription of that blood of the eternall Testament , sealed by the Immaculate Lambe ; To whom with the Father and the holy Spirit , be all honour and glory for ever and ever . Amen . 4. The fourth Article puts me in remembrance , how dangerous it is , if the Authority would put me to it , and my House , according to comely and common Laws , and our own municipiall Lawes of this Realme , and how it appeareth to the decay of our House . Answ. All Laws are ( or at least should be ) subject to Gods Law , which Law should be first placed , and planted in every mans heart , it should have no impediment . Men should not abrogate it , for the defence and setting up of their owne advantage . If it would please Authorities to put at our House , for confessing of Gods Word , or for maintenance of his Law : God is mighty enough in his own Cause , he should be rather obeyed then man. I will serve my Prince , with body , heart , goods , strength , and all that is in my power , except that which is Gods duty , which I will reserve to him alone ; that is , To worship him in truth and verity , and as neer as I can to conform to his written Word , to his owne honour , and obedience of my Princesse . 5. The fifth Article puts me in remembrance how woe your Lordship would be , to hear , to see , or know any displeasure that might come to me , my son , or any of my House , and especially in my time and dayes : And as to heare the great and evill brute of me , that should now in my old age in a manner , begin to vary in my Faith , and to be altered therein , when it is time that I should be most sure and firm therein . Ans. Your Lordships good will is ever made manifest unto me in all your Articles , that you should be sorry to hear , see , or know my displeasure , for the which I am bound to render your Lordship thanks , & shall do the same assuredly . But as for wavering in my Faith , God forbid that I should so do : For I believe in God the Father Almighty , Maker of heaven & earth ; And in Jesus Christ his onely Son our Saviour . My Lord , I vary not in my Faith ; but I praise God , that of his goodnesse now in my latter days , hath of his infinite mercy opened his bosome of grace unto me , to acknowledge him the eternall Wisedome , his Son Jesus Christ , my one sufficient Satisfaction , to refuse all Idolatry , Superstition , and Ignorance , wherewith I have been blinded in times past , and now believe that God will be mercifull unto me ; for now he hath declared his blessed Will clearly to me , before my departing out of this transitory life . 6. The sixth Atticle declareth , That there are delations of sundry points of Heresie upon that man , Dowglas or Grant , which lies to your charge and conscience to put remedie to ; or else that all the pestilentious doctrine he sowes , and all whom he corrupteth with his seed , will be required at your hands , and all whom he draws from your Christian Faith ; and if ye should suffer him , that ye will be accused for all them whom he infecteth with Heresie ; and therefore to regard your Lordships honour and conscience therein . Answ. What is his sirname I know not , but he calleth himself Dowglas ; for I know neither his father nor his mother : I have heard him teach no Articles of heresie , but that which agreeth with Gods Word . For I would maintain no man in heresie or errour . Your Lordship regards your conscience in the punishment thereof : I pray God that ye do so , and examine well your conscience . He preacheth against Idolatry ; I remit to your Lordships conscience , if it be heresie or not . He preacheth against adultery and fornication , I refer that to your Lordships conscience . He preacheth against hypocrisie , I refer that to your Lordships conscience . He preaches against all manner of abuses , and corruption of Christs sincere Religion , I refer that to your Lordships conscience . My Lord , I exhort you , in Christs Name , to weigh all these affairs in your conscience , and consider if it be your duty also , not onely to suffer this , but in like manner to do the same . This is all , my Lord , that I vary in my old age , and in no other thing , but that I knew not these offences to be abominable to God , and now knowing his will by manifestation of his Word , abhor them . 7. The seventh Article desireth me to weigh these matters in most hearty manner , and to take them in best part , for the weale of both our consciences , my house , friends and servants , and put such a man out of my company , for fear of the rumour and brute that should follow thereupon , by reason he is delated of sundry heresies : And that your Lordship would be sorry to hear any of your servants delated or bruted for such a cause , or for holding of any such men ; and that your Lordship would understand mine answer hereunto , or any summons passed thereupon . Answ. I thank your Lordship greatly , that ye are so solicited for the weale of me and of my house , and are so humane , as to give me advertisement , before ye have summoned , of your owne good will and benevolence . I have weighed these matters , as highly as my judgement can serve me , both for your Lordships honour and mine . And when that I have reasoned all that I can do with my self in it ; I think it alwayes best to serve God , and obey his manifest Word , and not be obstinate in the contrary , and to give their due obedience to our Princes , Rulers , and Magistrates , and to hear the voice of Gods Prophets , declaring his good promise to them that repent , and threatning to obstinate wicked doers , everlasting destruction . Your Lordship knows well the man , he hath spoken with your Lordship : I thought you content with him , I heare no occasion of offence in him , I cannot well want him , or some Preacher . I cannot put away such a man , without I knew him an offender , as I know not ; for I heare nothing of him , but such as your Lordships self heares of him , and such as he yet will professe in your presence , whensoever your Lordship requires . Such a man that is ready to present himself to judgement , should not be expelled without knowledge of the cause ; for like as I answered before in another Article , when your Lordship pleaseth , that all the Spirituall and Temporall men of estate in Scotland be assembled , I shall cause him to render an account of his belief and Doctrine in your presences , then if he deserves punishment and correction , let him so suffer ; if he be found faithfull , let him live in his faith . 8. The eight Article proposes to me , That your Lordship would take the labour to get me a man to instruct me in your Catholike Faith , and to be my Preacher , for whose Doctrine ye would lay your soul , that he would teach nothing , but truely conform to your faith . Answ. God Almighty send us many of that sort , that will preach truely , and nothing but a Catholike or Universall Christian Faith ; and we Highland rude people have misse of them . And if your Lordship would get and provide me such a man , I should provide him a corporall Living , as to my self , with great thanks unto your Lordship : For truely , I and many more have great misse of such men . And because I am able to sustain more then one of them , I request your Lordship earnestly , to provide me a man as ye wrote ; for the harvest is great , but the labourers are few . 9. The last and ninth Article putteth me in remembrance to consider what murmure your Lordship suffers , and great brute , at many mens hands , both Spirituall and Temporall , and at the Queens hand , and other well given people , for not putting order to these affairs ; and that your Lordship hath abstained from execution hereof , for love of my House and Posterity , to the effect that my self should remedy it , for fear of the dishonour that might come upon us both for the same : which being remedied , might bring us out of all danger . Answ. My Lord , I know well what murmure and indignation your Lordship suffers at enemies hands of all estates , for not pursuing of poor simple Christians : And I know , That if your Lordship should use their counsell , who would by blood-shedding and burning of poor men , to make your Lordship serve their wicked appetites ; Yet your Lordship knows your owne duty , and should not fear the danger of men , as of him whom ye professe . And verily , my Lord , there is nothing that may be to your Lordships relief in this behalf , but I will use your Lordships counsell therein , and further the same , Gods honour being first provided , and the Truth of his eternall Word having liberty . And to abstain for my love from pursuit , as your Lordship hath signified , I am indebted to your Lordship , as I have written divers times before . But there is one above , for whose fear ye must abstain from blood-shedding , or else , my Lord , knock in your conscience . Last of all , your Lordship please to consider how desirous some are to have sedition amongst friends ; how mighty the devill is to sow discord ; how that many would desire no better game , but to hunt us at other . I pray your Lordship beguile them , we will agree upon all purposes with Gods pleasure , standing to his glory . There are divers Houses in Scotland neer us , that professe the same God secretly ; they desire but that ye begin the bargaine at us ; and when it begins at us , God knows the end therof , and who shall bide the next put . My Lord , consider this ; make no Preparative of us : Let not the vain exhortation of them that regard little of the weale and strength of both our Houses , stirre up your Lordship as they would , to do against God , your owne conscience , and the weale of your posterity for ever . And therefore now in the end I pray your Lordship weigh these things wisely ; and if ye do otherwise , God is God , was , and shall be God , when all is wrought that man can work . This answer received , the Bishop and his complices found themselves somewhat disappointed ; for the Bishops looked for nothing lesse , then for such Answers from the Earle of Argyle ; and therefore they made them for their extreme defence , that is , To corrupt , and by buds to stirre up the Queen Regent against us ; as in the second Booke we shall more plainly heare . Shortly after that , God called to his mercy the said Earle of Argyle from the miseries of this life ; whereof the Bishops were glad ; for they thought that their great enemy was taken out of the way , but God disappointed them : For as the said Earle departed most constant in the true Faith of Jesus Christ , with a plain renounciation of all Impiety , Superstition , and Idolatry ; so he left it to his Son in his Testament , That he should studie to set forward the publike and true preaching of the Gospel of Jesus Christ , and to suppresse all Superstition and Idolatry to the uttermost of his power . In which point small fault can be found with him unto this day . 10 Maii , Anno 1568. God be mercifull unto other offences . Amen . The Blinde , Crooked , Lame , Widows , Orphans , and all other poor , so visited by the hand of God as cannot work : To all the flock of Friers within this Realme , we wish restitution of wrongs past , and reformation in times coming , for Salvation . YE your selves are not ignorant ( and though ye would be ) it is now ( thanks be to God ) well knowne to the whole world , by his most infallible Word , That the Benignity or Almes of all Christian people pertaineth to us alone ; which ye , being whole of bodie , strong , sturdie , and able to work , what under pretence of poverty ( and yet neverthelesse possessing most easily all abundance ) what through cloked and hidden humility ( though your proudnesse is knowne ) and what fained holinesse ( which now is declared to be Superstition and Idolatry ) have these many yeers , expresly against Gods Word , and the practice of his holy Apostles , to our great torment ( alas ) most falsly stollen from us . And as ye have by your false doctrine and wresting of Gods Word , learned of your father Sathan , induced the whole people , high and low , into a sure hope and belief , That to clothe , feed , and nourish you , is the onely most acceptable Alms allowed before God ; and to give a penny , or a piece a bread once in a week is enough for us . Even so ye have perswaded them to build you great Hospitals , and maintain you therein by their force , which onely pertains now to us by all Law , as builded and given to the poore , of whose number ye are not , nor can be reputed , neither by the Law of God , nor yet by no other Law proceeding of Nature , Reason , or Civill Policy . Wherefore seeing our number is so great , so indigent , and so heavily oppressed by your false meanes , that none taketh care of out misery : And that it is better for to provide there our impotent members , which God hath given us , to oppose to you in plain controversie , then to see you hereafter ( as ye have done afore ) steale from us our houses , and our selves in the meane time to perish and die for want of the same . We have thought good therefore , ere we enter with you in the conflict to warne you , in the Name of the great God , by this publike writing , affixt in your gates where ye now dwell , that ye remove forth of our said Hospitals , betwixt this and the Feast of Whit-sunday next : So that we the only lawfull proprietaries thereof , may enter thereinto , and afterward enjoy the commodities of the Church , which ye have hereunto wrongfully holden from us . Certifying you , if ye faile , we will at the said terme , in whole number ( with the help of God , and assistance of his Saints in earth , of whose ready support we doubt not ) enter and take possession of our said Patrimony , and eject you utterly forth of the same . Let him therefore that before hath stollen , steal no more , but rather let him work with his hands , that he may be helpfull to the poore . From all Cities , Towns , and Villages of Scotland , Ianuary 1. 1558. The Bishops continued in their Provinciall Councell even unto that day that Iohn Knox arrived in Scotland , and that they might give some shew to the people that they minded Reformation ; they dispersed abroad a rumour thereof , and set forth somewhat in Print , which of the people was called , The two-penny Faith. Amongst their acts there was much a do , for Caps , Shaven crowns , Typpets , Long Gowns , and such other trifles . Item , That none should enjoy Office , or Benefice Ecclesiasticall , except a Priest. Item , That no Church-man should nourish his owne children , in his own company but that every one should hold the children of others . That none should put his own son in his own benefice . That if any were found in open Adulterie , for the first fault he should lose the third of his Benefice , for the second time the halfe , and for the third the whole Benefice . But here from appealed the Bishop of Murray , and other Prelates , saying , That they would abide at the Canon-Law . And so they might well enough do , so long as they remained Interpreters , Dispensators , Makers , and Disanullars of the Law. But let the same Law have the true interpretation , and just execution , and the Devil shall as soon be proved a true and obedient servant unto God , as any of that sort shall be proved a Bishop , or yet to have any just authority within the Church of Christ Jesus . But we will return to our History . The persecution was decreed as well by the Queen Regent as by the Prelates . But there rested a point which the Queen Regent and France had not at that time obtained ; to wit , That the Crown matrimoniall should be granted to Francis , husband to our Soveraign , and so should France and Scotland be but one kingdome . The Subjects of both the Realmes to have equall libertie , Scottishmen in France , and Frenchmen in Scotland . The glister of the profit that was judged hereof to have ensued to Scottishmen , at the first sight blinded many mens eyes . But a small winde caused that mist suddenly to vanish away : For the greatest Offices and Benefices within the Realme were appointed for the Frenchmen : Monsieur Ruby kept the great Seale ; Vielmort was Controller ; Melrosse and Kelso should have been a commends to the poore Cardinall of Loraine . The freedomes of Scottish Merchants were restrained in Roane , and they compelled to pay Tole and Taxations others then their ancient Liberties did beare . To bring this head to passe ; to wit , to the Matrimoniall Crown , the Queen Regent left no point of the Compasse unsailed with the Bishops and Priests . She practised on this manner ; Ye may clearely see that I cannot do what I would within this Realme : for these Hereticks and Confederates of England are so banded together , that they stop all good order . But will ye be favourable unto me in this suit of the Matrimoniall Crowne , to be granted to my daughters husband , Then shall we see how I shall handle these Heretickes and Traitours ere it be long . And in very deed in these her promises she meant no deceit in that behalfe . Unto the Protestants she said ; I am not unmindfull how oft ye have solicited me for Reformation in Religion , and gladly would I consent thereunto , but ye see the power and craft of the Bishop of S. Andrews , together with the power of Duke Hamilton , and of Church-men ever to be bent against me in all my proceedings : so that I may do nothing , unlesse the full authority of this Realme be delivered to the King of France , which cannot be , but by donation of the Crowne Matrimoniall , which thing , if ye will bring to passe , then devise ye what ye please in matters of Religion , and they shall be granted . With this Commission and Credit , was Lord Iames , then Prior of S. Andrews , directed to the Earle of Argyle , with moe other promises then we list to rehearse . By such dissimulation to those that were simple and true of heart , inflamed she them to be more fervent in her Petition , then her selfe appeared to be . And so at the Parliament holden at Edinburgh , in the moneth of October , in the yeere of God 1558. it was clearely voed , no man reclaiming ( except the Duke for his interest ) and yet for it there was no better Law produced , except that there was a solemne Masse appointed for that purpose in the Pontificall . This head obtained , whereat France and she principally shot , what faith she kept to the Protestants , in this our second Book shall be declared . In the beginning whereof we may more amply rehearse some things , that in this our first are summarily touched . The end of the first Booke . The Second Booke OF THE HISTORY OF Things done in SCOTLAND , in the Reformation of Religion : Beginning in the yeere of our Lord God 1558. OUr purpose was to have made the beginning of our History , from the things that were done , from the yeere of God 1558. till , The Reformation of Religion , which of Gods mercy we once possessed , and yet in Doctrine , and in the right use of administration of Sacraments do possesse . But because divers of the godly ( as before is said ) earnestly required , That such persons as God raised up in the midst of darkenesse , to oppose themselves to the same , should not be omitted : We obeyed their Request , and have made a short Rehearsall of all such matters as concerne Religion , from the death of that notable Servant of God , Master Patricke Hamilton , unto the aforesaid yeere , when that it pleased God to looke upon us more mercifully then we deserve , and to give unto us greater boldnesse , and better ( albeit not without hazard and trouble ) successe in all our enterprizes then we looked for , as the true Narration of this second Booke shall witnesse . The PREFACE whereof followeth . The Preface . LEst that Sathan by our silence shall take occasion to blaspheme , and to slander us the Protestants of the Realme of Scotland , as that our fact tended rather to Sedition and Rebellion , then to Reformation of Manners , and abuses in Religion , We have thought expedient so truely and briefly as we can , to commit to writing the causes moving us ( as we say , and great part of the Nobility and Barons of the Realme ) to take the sword of just Defence , against those that most unjustly seek our destruction . And in this our confession we shall faithfully declare , What moved us to put our hands to the Reformation of Religion ; How we have proceeded in the same ; What we have asked , and what presently we require of the sacred Authority . To the end that our Cause being knowne , as well our enemies as our brethren in all Realmes , may understand how falsly we are accused of tumult and Rebellion , and how unjustly we are persecuted by France , and by their Faction . And also that our brethren naturall Scotish-men , of whatsoever Religion they be , may have occasion to examine themselves , If they can with safe conscience oppose themselves to us , who seek nothing but Christ Iesus his glorious Gospel to be preached , his holy Sacraments to be truely ministred , Superstition , Tyranny , and Idolatry to be suppressed in this Realme , And finally , This our native Countrey to remaine free from the Bondage and Tyranny of Strangers . While that the Queen Regent practised with the Prelats , how that Christ Jesus blessed Gospel might utterly be suppressed within Scotland , God so blessed the labours of his weak servants , that no small part of the Barons of this Realme began to abhorre the Tyranny of the Bishops : God did so open their eyes , by the light of his Word , that they could cleerly discerne betwixt Idolatry , and the true honouring of God : Yea , men almost universally began to doubt whether they could ( God not offended ) give their bodily presence to the Masse , or yet offer their children to the Papisticall Baptisme . The doubts when the most godly , and the most learned in Europe had answered , both by word and writing , affirming , That neither of both we might do , without perill of our souls , we began to be more troubled : For then also began men of estimation , and those that bare rule amongst us , to examine themselves concerning their duties , as well towards Reformation of Religion , as towards the just defence of their brethren most cruelly persecuted . And so began divers questions to be moved ; to wit , If that with safe conscience such as were Iudges , Lords , and Rulers of the People , might serve the higher Powers in maintaining of Idolatry , in persecuting their Brethren , and in suppressing Christs Truth : Or , Whether they to whom God in some case hath committed the Sword of Iustice , might suffer the blood of their Brethren to be shed in their presence , without any declaration that such Tyranny displeased them . By the plain Scriptures it was found , That a lively faith required a plaine Conf●ssion when Christs Truth is oppugned , That not onely are they guilty that do evil , but also they that consent to evil . And plain it is , That they consent to evil , who seeing iniquity openly committed , by their silence seem to justifie and avow whatsoever is done . These things being resolved , and sufficiently proved by evident Scriptures of God , we began every man to look more diligently to his Salvation : For the Idolatry and Tyranny of the Clergy ( called the Church-men ) was and is so manifest , that whosoever doth deny it , declareth himself ignorant of God , and enemy to Christ Jesus . We therefore , with humble confession of our former offences , with Fasting , and Supplication unto God , began to seek some remedy in so present a danger . And first it was concluded , That the Brethren in every Towne at certaine times should assemble together , to Common Prayers , to exercise , in reading of the Scriptures , till it should please God to give the gift of Exhortation by Sermon unto some , for the Comfort and Instruction of the rest . And this our weake beginning God did so blesse , that within a few Moneths the hearts of many were so strengthned , that we sought to have the face of a Church amongst us , and open crimes to be punished without respect of persons : And for that purpose by common Election , were Elders appointed , to whom the whole Brethren promised Obedience : For at that time we had no publike Ministers of the Word ; onely did certaine zealous men ( amongst whom was the Laird of Dun , David Forresse , Master Robert Lockhart , Master Robert Hammilton , William Harlawe , and others ) exhort their Brethren , according to the gifts and graces granted unto them . But shortly after did God stirre up his servant Paul Methuen ( his latter fall ought not to deface the work of God in him ) who in boldnesse of spirit began openly to Preach Christ Jesus in Dundie , in divers parts of Angus , and in Fyfe ; and so did God worke with him , that many began openly to renounce their old Idolatry , and to submit themselves to Christ Jesus , and unto his blessed Ordinances ; Insomuch that the Towne of Dundie began to erect the face of a Publike Church Reformed , in the which the Word was openly Preached , and Christs Sacraments truely ministred . In this meane time did God send to us our deare Brother Iohn Willock , a man godly , learned , and grave , who after his short abode at Dundie , repaired to Edinburgh , and there ( notwithstanding his long and dangerous sicknesse ) did so encourage the Brethren by godly Exhortations , that we began to deliberate upon some publike Reformation ; For the corruption in Religion was such , that with safe conscience we could no longer sustaine it : Yet because we would attempt nothing without the knowledge of the sacred Authority , with one consent , after the deliberation of many dayes , it was concluded , That by our publike and common Supplication , we should attempt the favour , support , and assistance of the Queen then Regent , to a godly Reformation : And for that purpose , with all diligence after we had drawn our Oration and Petition as followeth , we appointed from amongst us a man whose age and yeers deserved Reverence , whose honesty and worship might have craved audience of any Magistrate on the earth ; and whose faithfull Service to the Authority at all times hath been such , that in him could fall no suspition of unlawfull disobedience . This Orator was that ancient and honourable Father , Sir Iames Sandelandes of Calder , Knight ; to whom we gave Commission and Power in all our names then present , before the Queene Regent to speak this : THE FIRST ORATION AND PETITION Of the Protestants of SCOTLAND : To the Queene Regent . ALbeit we have of long time contained our selves in that modestie ( most noble Princesse ) that neither the exile of body , losse of goods , nor perishing of this mortall life , was able to make us to aske at your Majestie Reformation , and redresse of those wrongs , and of that sore griefe patiently borne by us in bodies and mindes of long time : Yet are we now by very conscience , and by the feare of our God compelled to crave at your Majesties feet , remedy against the most unjust tyrannie , used against your Majesties most obedient Subjects , by those that be called the State Ecclesiasticall . Your Majestie cannot be ignorant what controversie hath been , and yet is , concerning the true Religion , and right worshipping of God. And how the Clergie ( as they will be termed ) usurpe to themselves such Empire above the consciences of men ; That whatsoever they command , must be obeyed ; and whatsoever they forbid , must be avoided ; without further respect to Gods Pleasure , Commandment , or Will , revealed to us in his most holy Word ; or else there abideth nothing for us but Fagot , Fire , and Sword. By the which many of our brethren most cruelly and most unjustly have been strucken of late yeeres within this Realme , which now we finde to trouble and wound our consciences . For we acknowledge it to have been our bounden duties before God , either to have defended our brethren from those cruell murtherers ( seeing we are a part of that power which God hath established in this Realme ) or else to have given open testification of our Faith with them : Which now we offer our selves to do , lest that by our continuall silence we shall seem to justifie the cruell tyrannie of those men , which doth not onely displease us : but your Majesties wisdome most prudently doth foresee , that for the quieting of this intestine dissention , a publike Reformation , as well in the Religion , as in the temporall government were most necessary . And to the performance thereof , most gravely and most godly ( as we are informed ) ye have exhorted as well the Clergie as the Nobility , to imploy their studie , diligence , and care . We therefore , in conscience , dare not any longer dissemble in so weighty a matter , which concerneth the glory of God , and our salvation : Neither now dare we withdraw our presence or counsell , or Petitions , lest that the adversaries hereafter should object to us , That place was granted for Reformation , and yet no man sued for the same : and so shall our silence be prejudiciall unto us in time to come . And therefore we knowing no order placed in this Realme , but your Majestie , and your grave counsell , set to amend , as well the disorder Ecclesiasticall , as the defaults in the temporall Regiment , most humbly prostrate our selves before your feet , asking justice and your gracious help , against them that falsly traduce and accuse us , as that we were Hereticks , and Schismatikes , under that colour seeking our destruction , for that we seek the amendment of their corrupted lives , and Christs Religion to be restored to the originall puritie . Further we crave of your Majestie with open and patent eares , to heare those our subsequent requests , and to the joy and satisfaction of our troubled consciences , bountifully to grant the same , unlesse by Gods plaine Word any be able to prove that justly they ought to be denied . Here beginneth the particular Demands . FIrst , Humbly we ask , That as we have by the Lawes of this Realme , after long debate obtained to reade the holy Books of the Old and New Testament , in our Vulgar Tongue , as Spirituall food to our soules : so from henceforth it may be lawfull , that we may meet publikely or privately to our Common-Prayers in our Vulgar Tongue , to the end that we may increase and grow in knowledge , and be induced by fervent and oft Prayer , to commend to God the holy Universall Church , the Queene our Soveraigne , her honourable and gracious Husband , the abilitie of their succession , your Majestie Regent , the Nobilitie , and whole State of this Realme . Secondly , If it shall happen in our said meetings any hard place of Scripture to be read , of which , without explanation , hardly can arise any profit to the hearers , that it shall be lawfull to any qualified persons in knowledge , being present , to interpret and open up the said hard places , to Gods glory , and to the profit of the Auditory . And if any thinke that this libertie should be occasion of Confusion , Debate , or Heresie , we are content that it be provided that the said Interpretation shall underly the judgement of the godly , and most learned within the Realme at this time . Thirdly , That the holy Sacrament of Baptisme may be used in the Vulgar Tongue , that the God-fathers and Witnesses may not onely understand the points of the League and Contract made betwixt God and the Infant , but also that the Church then assembled , more gravely may be informed and instructed of their duties , which at all times they owe to God , according to that promise made unto him , when they were received into his houshold by the lavacre of spirituall regeneration . Fourthly , We desire that the holy Sacrament of the Lords Supper , or of his blessed Body and Blood may likewise be ministred unto us in the Vulgar Tongue , and in both kindes , according to the plaine Institution of our Saviour Christ Iesus . And lastly , We most humbly require , That the wicked , slanderous , and detestable life of Prelats , and of the state Ecclesiasticall , may be reformed , that the people by them have not occasion ( as of many dayes they have had ) to contemne their Ministerie , and the Preaching , whereof they should be Messengers . And if they suspect that we rather envying their honours , or coveting their riches and possessions , then Zealously desiring their amendment and salvation , do travell and labour for this Reformation : We are content , that not onely the Rules and Precepts of the New Testament , but also the Writings of the ancient Fathers , and the godly and approved Lawes of Justinian the Emperour , decide the controversie betwixt us and them . And if it shall be found , that either malevolently or ignorantly we aske more then these three forenamed have required , and continually do require of able and true Ministers in Christs Church , we refuse not correction , as your Majestie with right judgement shall think meet . But if all the forenamed shall condemne that which we condemne , and approve that which we require ; Then we most earnestly beseech your Majestie , that notwithstanding the long custome which they have had to live at their lust , that they be compelled either to desist from Ecclesiasticall administration , or to discharge their duties , as becometh true Ministers . So that the grave and godly face of the Primitive Church reduced ; Ignorance may be expelled ; True Doctrine and good Manners may once againe appeare in the Church in this Realme . These things we , as most obedient Subjects , require of your Majestie , in the Name of the eternall God , and of his Son Christ Iesus , in presence of whose Throne judiciall , ye , and all other that heere in earth beareth authority shall give account of your temporall regiment . The spirit of the Lord Iesus move your Majesties heart to Iustice and Equity . These our Demands being proposed , the State Ecclesiasticall began to storme , and to devise all manner of lies to deface the equitie of our cause . They bragged as that they would have publike Disputation , which also we most earnestly required , two things being provided ; First , That the plaine and written Scriptures of God should decide all Controversies : Secondly , That our brethren , of whom some were then exiled , and by them unjustly condemned , might have free accesse to the said Disputation , and safe-conduct to return to their dwelling places , notwithstanding any Processe which before had been laid against them in matters concerning Religion . But these being by them utterly denied ( for no Judge would they admit , but themselves , their Counsels , and Canon Law ) They and their faction began to draw certain Articles of reconciliation , promising unto us , If we would admit the Masse to stand in its former reverence and estimation ; Grant Purgatory after this life ; Confesse prayer to Saints , and for the dead , and suffer them to enjoy their accustomed Rents , Possession , and Honour : That then they would grant us to pray , and baptize in the Vulgar Tongue , so that it were done secretly , and not in the open assembly . But the grosenesse of these Articles was such , that with one voice we refused them , and constantly craved justice of the Queene Regent , and a reasonable answer of our former Petitions . The Queene then Regent , a woman crafty , dissimulate , and false-thinking , to make her profit of both parties , gave to us permission to use our selves godly , according to our desires provided , that we should not make publike assemblies in Edinburgh nor Lieth , and did promise her assistance to our Preachers , untill some uniform order might be established by a Parliament . To them ( we mean the Clergie ) she quietly gave signification of her minde , promising that how soon any opportunity should serve , she should so put order to these matters , that after they should not be troubled : for some say , they gave her a large purse 40000. l. Turn . or Scots , gathered by the Laird of Earleshale . We nothing suspecting her doublenesse nor falshood , departed fully contented with her answer , and did use our selves so quietly , that for her pleasure we put silence to Iohn Dowglas , who publikely would have preached in the Town of Lieth ; for in all things we sought the contentment of her minde , so far as God should not be offended against us , for obeying her in things as we thought unlawfull . Shortly after these things , that cruell Tyrant and unmercifull hypocrite , falsly called , Bishop of S. Andrews , apprehended that blessed Martyr of Christ Jesus , Walter Mill , a man of decrepite age , whom most cruelly and most unjustly he put to death by fire in Saint Andrews , the twenty eighth day of April , in the yeere of God 1558. Which thing did so highly offend the hearts of all godly , that immediatly after his death , began a new fervencie among the whole people , yea , even in the Towne of Saint Andrews , began the people plainely to condemne such unjust crueltie . And in testification that they would his death should abide in recent memory , there was cast together a great heap of stones in the place where he was burnt . The Bishop and Priests thereat offended , caused once or twice to remove the same , with denunciation of cursing , if any man should there lay any stones . But in vaine was that winde blowne , for still was the heape made , till that the Priests and Papists did steale away by night the stones to build their walls , and to other their private uses . We suspecting nothing that the Queene Regent was consenting to the forenamed murther , most humbly did complain of such unjust crueltie , requiring that justice in such cases should be ministred with greater indifferencie . She as a woman born to dissemble , and deceive , began with us to lament the cruelty of the Bishop , excusing her selfe as innocent in that cause , for that the sentence was given without her knowledge . Because the man sometimes had been a Priest ; therefore the Bishops Officiall did proceed upon him without any commission of the Civill authority , ex officio , as they terme it . We yet nothing suspecting her falshood , required some order to be taken against such enormities , which she promised as oft before . But because shortly after there was a Parliament to be holden , for certain affaires , pertaining rather to the Queens profit particular , then to the commodity of the Common-wealth , we thought good to expose our matter unto the whole Parliament , and by them to seek some redresse : we therefore with one consent did offer to the Queen and Parliament a Letter , in this Tenor : The Forme of the Letter given in Parliament . UNto your Majesty , and unto your Right honorable Lords , Barons , and Burgesses of this present Parl. Humbly means , and sheweth your Majesties faithfull and obedient subjects , That where we are daily molested , slandered , and injured by wicked and ignorant persons , place-holders of the Ministers of the Church , who most untruely cease not to infame us , as hereticks , & under that name they most cruelly have persecuted divers of our brethren ; and farther intend to execute their malice against us , unlesse by some godly order their fury and rage be bridled and stayed . And yet in us they are able to prove no crime worthy of punishment , unlesse that to reade the holy Scriptures in our Assemblies , to invocate the Name of God in publike Prayers , with all sobriety to interpret and open the places of Scripture that be read to the further edification of the brethren assembled ; and truely , according to Christ Jesus his holy Institution , to minister the Sacraments , be crimes worthy of punishment : other crimes ( we say ) in us they are not able to convince . And to the premises we are compelled , for that the said Place-holders discharge no part of their duties rightly to us , neither yet to the people subject to us ; and therefore , unlesse we should declare our selves altogether unmindfull of our own salvation , we are compelled in very conscience to seek how that we and our brethren may be delivered from the thraldom of Sathan : For now it hath pleased God to open our eyes , and manifestly we see , That without extreme danger of our souls , we may in no wayes communicate with the damnable Idolatry , and intolerable abuses of the Papisticall Church . And therefore most humbly require we of your Majesty , and of your Right Honorable Lords , Barons , and Burgesses assembled in this present Parliament , prudently to weigh , and as it becometh just Judges , to grant these our most just and reasonable Petitions : First , Seeing that the controversie in Religion which hath long continued betwixt the Protestants of Almany , Helvetia , and other Provinces ; and the papisticall Church is not yet decided by a lawfull and generall Counsell : And seeing that our consciences are likewise touched with the fear of God , as was theirs in the beginning of their controversie , we most humbly desire , That all such Acts of Parliament as in the time of darknesse gave power to the Church-men to execute their tyrannie against us , by reason that we to them were delated as hereticks , may be suspended and abrogated , till a Generall Councell lawfully assembled , have decided all controversies in Religion . And lest that this mutation should seem to set all men at liberty to live as they list , we secondarily require that it be Enacted by this present Parliament , That the Prelats and their Officers be removed from place of Iudgement , onely granting unto them neverthelesse the place of accusators in the presence of a Temporall Iudge ; before whom the Church men accusators shall be bounden to call any by them accused of heresie : To whom also they shall be bounden to deliver an authenticke Copy of all Depositions , Accusations , and Processe laid against any person accused . The Iudge likewise delivering the same to the partie accused , assigning unto him a competent terme to answer to the same , after he hath taken sufficient caution . De judicio sisti . Thirdly , We require , That all lawfull defences be granted to the person accused ; as , If he be able to prove that the witnesses be persons unable by Law to testifie against him , that then their Accusations and Depositions be null , according to justice . Item , That place be granted to the party accused to explaine and interpret his owne minde and meaning ; which confession we require be inserted in publike Acts , and be preferred to the deposition of any witnesse , seeing that none ought to suffer for Religion , that is not found obstinate in his damnable opinion . Last , We require that our brethren be not condemned for heretickes , unlesse by the manifest Word of God they be convinced to have erred from that faith which the holy Spirit witnesseth to be necesiary to Salvation : And if so they be , we refuse not but that they be punished according to justice ; Unlesse by wholesome admonition they can be reduced to a better minde . These things require we to be considered of by you , who are in the Place of the Eternall God ( who is God of Order and Truth ) even in such sort , as ye will answer in presence of his Throne judiciall : Requiring further , That favourably you would have respect to the tendernesse of our consciences , and to the trouble which appeareth to follow in this Common-wealth , if the tyranny of the Prelates , and of their adherents be not bridled by God and just Lawes . God move your hearts deeply to consider your owne duties , and our present troubles . These our Demands did we first present to the Queen Regent , because that we were determined to enterprise nothing without her knowledge , most humbly requiring her favourably to assist us in our just action . She spared not amiable looks , and good words in abundance . But alwayes she kept our Petition close in her pocket . When we required secretly of her Majesty that our Petition should be proposed to the whole Assembly : She answered , That she thought not that expedient ; for then would the whole Ecclesiasticall Estate be contrary to her proceedings , which at that time was great : For the Matrimoniall Crowne was asked , and in that Parliament granted . But , said she , how soon order can be taken with these things , which now may be hindred by the Church-men , ye shall know my good minde . And in the meane time whatsoever I can grant unto you , shall gladly be granted . We yet nothing suspecting her falshood , were content to give place for a time to her pleasure and pretended reason . And yet thought we expedient somewhat to protest , before the dissolution of the Parliament : For our Petition was manifestly knowne to the whole Assembly ; as also how that for the Queens pleasure we had ceased to pursue the uttermost . Our Protestation was formed in manner following . The Forme of the Protestation made in the Parliament holden at Edinburgh , Anno 1558. IT is not unknowne to this Honourable Parliament , what controversie is now lately risen betwixt those that will be called the Prelats and Rulers of the Church , and a great number of us the Nobility and Communalty of the Realme , for the true worshipping of God , for the duty of Ministers , for the right Administration of Christ Jesus holy Sacraments . How that we have complained by our supplication to the Queen Regent , That our consciences are burthened with unprofitable Ceremonies ; And that we are compelled to adhere to Idolary : That such as take upon them the Office Ecclesiasticall , discharge no part thereof as becometh true Ministers to do ; and finally , That we and our brethren are most injuriously oppressed by their usurped authority . And also we suppose it is a thing sufficiently known , That we were of minde at this present Parliament to seek redresse of such enormities : but considering that the troubles of the time do not suffer such Reformation as we by Gods plain Word do require , we are enforced to delay that which most earnestly we desire : And yet lest that our silence should give occasion to our adversaries to thinke that we repent of our former enterprisers , we cannot cease to protest , for remedy against that most unjust tyranny which we heretofore have most patiently sustained . And first we protest , That seeing we cannot obtain a just Reformation according to Gods Word , that it be lawfull to us to use our selves in matters of Religion and conscience , as we must answer unto God , unto such time as our adversaries be able to prove themselves the true Ministers of Christs Church , and to purge themselves of such crimes as we have already laid to their charge , offering our selves to prove the same whensoever the sacred Authority please to give us audience . Secondly we protest , That neither we , nor yet any other of the godly that list to joyn with us in the true Faith which is grounded upon the invincible Word of God , shall incur any danger of life or lands , or any politicall pain , for not observing such Acts as heretofore have passed in favour of our adversaries , neither yet for violating of such Rites as man without Gods Commandment or Word hath commanded . We thirdly protest , That if any tumult or uprore shall arise amongst the members of this Realme for the diversity of Religion ; and if it shall chance that abuses be violently reformed , that the crime thereof be not imputed to us , who most humbly do now seek all to be reformed by an Order . But rather whatsoever inconvenience shall happen to follow for lack of Order taken , that may be imputed to those that do refuse the same . And last we protest , That these our requests , proceeding from conscience , do tend to none other end , but to the reformation of the abuses in Religion onely : Most humbly beseeching the sacred Authority to take us faithfull and obedient subjects into protection against our adversaries , and to shew unto us such indifferency in our most just Petition , as it becometh Gods Lieutenants to do to those that in his Name do call for defence , against cruell oppressors , and blood-thirsty Tyrants . This our Protestation publikely read , we desired it to have been inserted in the common Register , but that , by the labor of enemies , was denied unto us . Neverthelesse the Queen Regent said , Me will remember what it protested , and me shall put good order after this to all things that now be in controversie . And thus after she by craft had obtained her purpose , we departed ed , in good hope of her favour , praising God inour hearts , that she was so well inclined towards godlinesse . The good opinion that we had of her sincerity , caused us not onely to spend our goods , and hazard our bodies at her pleasure , but also by our publike Letters written to that excellent servant of God Iohn Calvine we did praise and commend her , for her excellent knowledge in Gods Word , and good will towards the advancement of his glory ; requiring of him , That by his grave counsell , and godly exhortation , he would animate her Majestie constantly to follow that , which godlily she had begun . We did farther sharply rebuke both by word and writing , all such as appeared to suspect in her any venom or hypocrisie , or that were contrary to that opinion which we had conceived of her godly minde . But how far we were deceived in our opinion , and abused by her craft , did suddenly appear : For how soon that all things pertaining to the commodity of France were granted by us , and that Peace was contracted betwixt King Philip and France , and England and us , she began to spue forth , and disclose the latent venom of her double heart . Then began she to frowne , and to look forwardly to all such as she knew did favour the Gospel of Jesus Christ. She commanded her houshold to use all abominations at Easter ; and she first her self , to give example to others , did communicate to the Idol in open audience ; she controlled her houshold ▪ and would know where that every one received ther Sacrament . And it appeared , That after that day that malice took more violent and strong possession in her , then it did before ; for from that day forward she appeared altogether altered , insomuch that her countenance and facts did declare the venom of her heart : For incontinent she caused our Preachers to be summoned ; for whom when we made intercession , beseeching her Majesty not to molest them in their Ministry , unlesse any man were able to convince them of false Doctrine , she could not bridle her tongue from open blasphemy , but proudly she said , In despight of you and your Ministers both , they shall be banished out of Scotland , albeit they preached as true as ever did Saint Paul. Which proud and blaspemous answer , did greatly astonish us : and yet ceased we not most humbly to seek her favour ; and by great diligence , at last we obtained that the Summons at that time were delayed : For to her were sent Alexander Earl of Glenclarne , and Sir Hues Campbell of Lowdone Knight , Sheriff of Air , to reason with her , and to crave some performance of her manifold promises ; to whom she answered , It becomes not subjects to burthen their Princes with promises , further then it pleased them to keep the same . Both the Noble men faithfully and boldly discharged their duty , and plainly forewarned her of the inconveniences that were to follow : wherewith she somewhat astonied , said she would advise . In this mean time did the Town of Perth , called Saint Iohnston , embrace the Truth , which did provoke her to a new fury ; in which she willed the Lord Ruthuein Provest of that Towne , so suppresse all such Religion there . To the which when he answered , That he could make their bodies to come to her Majesty , & to prostrate themselves before her , till that she was fully satiate with her blood : but to cause them to do against their conscience , he could not promise . She in fury did answer , That he was too mallapart , to give her such answer , affirming that both he and they should repent it . She solicited M. Iames Haliburntoun Provest of Dundie , to apprehend Paul Methuen , who fearing God , gave secret advertisement to the man to avoid the Town for a time . She sent forth such as she thought most able to perswade at Easter , to cause Montrosse , Dundie , S. Iohnston , and other such places as had received the Gospel , to communicate with the Idoll of the Masse , but they could profit nothing , the hearts of many were bent to follow the Trueth revealed , and did abhorre Superstition and Idolatry . Whereat she more highly commoved , did Summon again all the Preachers to appear at Sterlin , the tenth day of May , in the yeere of our Lord 1559. Which understood by us , we with all humble obedience sought the means how she might be appeased , and our Preachers not molested : but when we could prevaile nothing , it was concluded by the whole brethren , That the Gentlemen of every Countrey should accompany their Preachers , to the day and place appointed ; Whereto all men were most willing . And for that purpose , the Town of Dundie , the Gentlemen of Angus and Mernes , passed forward with their Preachers to S. Iohnston , without Armour , as peaceable men , minding onely to give confession with their Preachers . And lest that such a multitude should have given feare to the Queene Regent , the Laird of Dun , a zealous , prudent , and godly man , passed before to the Queene , then being at Sterlin , to declare to her , That the cause of their Convocation , was onely to give confession with their Preachers , and to assist them in their just defence . She understanding the fervencie of the people , began to use craft with him , soliciting him to stay the multitude , and the Preachers also , with promise that she would take some better order . He a man most gentle of nature , and most addict to please her in all things not repugnant to God , wrote to those that then were assembled at S. Iohnston , to stay , and not to come forward , shewing what promise and hope he had of the Queens favour . At the reading of his Letters , some did smell the craft and deceit , and perswaded to passe forward , untill that a discharge of the former Summons should be had , alleadging that otherwise their Processe of Rebellion should be executed against the Preachers : And so should not onely they , but also all such as did accompany them , be involved in a like crime . Others did reason , That the Queens promise was not to be suspected , neither yet the Laird of Duns request to be contemned , and so did the whole multitude with their Preachers stay . In this mean time that the Preachers were summoned , to wit , the second of May 1559. arrived Iohn Knox from France , who lodging two nights onely in Edinburgh , hearing the day appointed to his brethren , repaired to Dundie , where he earnestly required them , That he might be permitted to assist his brethren , and to give confession of his Faith with them , which granted unto him , he departed unto S. Iohnston with them , where he began to exhort , according to the grace of God granted unto him . The Queen perceiving that the Preachers did not appear , began to utter her malice ; and notwithstanding any request made to the contrary , gave commandment to put them to the Horne ; inhibiting all men , under pain of high Rebellion , to assist , comfort , receive , or maintain them in any sort : which extremity perceived by the said Laird of Dun , he prudently withdrew himselfe ( for otherwise by all appearance he had not escaped imprisonment . ) For the Master of Maxwell , a man zealous and stout in Gods Cause ( as then appeared ) under the cloke of another small crime , was that same day committed to ward , because he did boldly affirme , That to the uttermost of his power , he would assist the Preachers and the Congr●gation , notwithstanding any sentence which unjustly was , or should be pronounced against them . The Laird of Dun coming to S. Iohnston , exposed the case even as it was , and did conceal nothing of the Queens craft and falshood : Which understood , the multitude was so inflamed , that neither could the exhortation of the Preachers , nor the commandment of the Magistrate , stay them from destroying the places of Idolatry . The manner whereof was : The Preachers had declared before how odious Idolatry was in Gods presence : What commandment he had given for the destruction of the monuments thereof : What Idolatry , and what abomination was in the Masse . It chanced that the next day , which was the eleventh of May , after that the Preachers were exiled , that after the Sermon , which was very vehement against Idolatry , a certaine Priest in contempt would go to the Masse ; and to declare his malapart presumption , he would open up a glorious Tabernacle , which stood upon the high Altar : There stood beside , certain godly men , and amongst others , a young boy , who cryed with a bold voice , This is intolerable , that when God by his Word hath plainely condemned Idolatry , we shall stand and see it used in despight . The Priest hereat offended , gave the childe a great blow ; who in anger took up a stone , and casting at the Priest , hit the Tabernacle , and brake down an Image : And immediatly , the whole multitude threw stones , and put hands on the said Tabernacle , and on all other Monuments of Idolatry ; Which they dispatched before the tenth man in the Town were advertised ( for the most part were gone to diner ) which noised abroad , the whole multitude assembled , not of the Gentlemen , neither of them that were earnest Professours , but of the rascall multitude , who finding nothing to do in that Church , did run without deliberation to the Gray and Black-Friers , and notwithstanding that they had within them very strong guards kept for their defence , yet were their gates incontinent burst up . The first invasion was upon Idolatry , and thereafter the common people began to seek some spoile . And in very deed the Gray-Friers was a place so well provided , that unlesse honest men had seen the same , we would have feared to have reported what provision they had , their sheets , blankets , beds , and coverlets were such , that no Earle in Scotland had better : Their naperie was fine , they were but 8 persons in the Convent , and yet had they 8 puncheons of salt Beef ( consider the time of the yeere , the eleventh of May ) wine , beere , and ale , beside store of victuals belonging thereto . The like abundance was not in the Black-Friers , and yet there was more then became men professing poverty . The spoile was permitted to the poore : For so had the Preachers before threatned all men , That for covetousnesse sake , none should put their hand to such a Reformation , that no honest man was inriched thereby the value of a groat . Their conscience so moved them , that they suffered those hypocrites to take away what they could , of that which was in their places . The Prior of the Charter-house was permitted to take with him even as much gold and silver as he was able to carry . So were mens consciences beaten with the Word , that they had no respect to their own particular profit , but onely to abolish Idolatry , the places and Monuments thereof , in which they were so busie , and so laborious , that within two dayes these three great places , Monuments of Idolatry , to wit , the Black and Gray Theeves , and Charter-house Monks ( a building of wonderous cost and greatnesse ) was so destroyed , that the walls onely did remain of all those great edifices . Which reported to the Queen , she was so inraged , That she did vow utterly to destroy S. Iohnston , man , woman , and childe , and to consume the same by fire , and thereafter to salt it , in signe of a perpetuall desolation . We suspecting nothing such cruelty , but thinking that such words might escape her in choler without purpose determined , because she was a woman , set on fire by the complaints of those hypocrites , who flocked unto her as Ravens to a carion . We ( we say ) suspecting nothing such beastly cruelty , returned to our own houses : leaving in S. Iohnston , Iohn Knox to instruct the people , because they were yong and rude in Christ. But she , set on fire partly by her own malice , partly by commandment of her friends in France , and not a little by bribes , which she and Monsieur Dosell received from the Bishops and the Priests here at home , did continue still in her rage . And first she sent for all the Nobility , to whom she complained , That we meaned nothing but Rebellion : She did grievously lament the destruction of the Charter-house , because it was a Kings foundation , and there was the tombe of King Iames the first , and by such other perswasions she made the most part of them grant to pursue us . And then incontinent sent she for her French men : For that was , and ever hath been her joy , to see Scottish men dip one with anothers blood . No man was at that time more franke against us then was Duke Hamilton , led by that cruell beast the Bishop of Saint Andrews , and by those that yet abuse him , the Abbot of Kilvinning , and Matthew Hamilton of Milburne , two chiefe enemies to the Duke and to his whole house , but in so far as thereby they may procure their own particular profit . These and such other pestilent Papists ceased not to cast fagots on the fire continually , crying , Forward upon these Hereticks , we shall once rid this Realme of them . The certaintie hereof coming to our knowledge , some of us repaired to the Towne againe , about the two and twentieth day of May , and there did abide for the comfort of our brethren : Where after Invocation of the Name of God , we began to put the Town and our selves in such strength , as we thought might best serve for our just defence . And because we did not utter despaire of the Queens favour , we caused to forme a Letter to her Majestie , as followeth . To the Queenes Majestie Regent , all humble obedience and dutie premised . AS heretofore with jeopard of our lives , and yet with willing hearts we have served the authoritie of Scotland , and your Majestie now Regent in this Realme , in service to our bodies dangerous , and painefull , so now with most dolorous mindes we are constrained by unjust tyrannie purposed against us , to declare unto your Majestie , That except this crueltie be stayed by your wisdome , we shall be compelled to take the sword of just defence , against all that shall pursue us for the matter of Religion , and for our conscience sake : which ought not , nor may not be subject to mortall creatures , further then by Gods Word man is able to prove that he hath power to command us . We signifie moreover unto your Majestie , That if by rigour we be compelled to seek the extreame defence , that we will not onely notifie our innocencie and Petition to the King of France , to our Mistresse and to her husband ; but also to the Princes and Counsell of every Christian Realme , declaring unto them , That this cruell , unjust , and most tyrannicall murther intended against Townes and multitudes , was , and is the onely cause of our revolt from our accustomed obedience , which in Gods presence we faithfully promise to our Soveraigne Mistresse , to her husband , and unto your Majestie Regent . Provided that our consciences may live in that Peace and Libertie , which Christ Iesus hath purchased to us by his blood , and that we may have his Word truely Preached and holy Sacraments rightly ministred unto us , without which we firmely purpose never to be subject to mortall man : For better we think to expose our bodies to a thousand deaths , then to hazard our souls to perpetuall damnation , by denying Christ Iesus , and his manifest Veritie , which thing not onely do they who commit open Idolatry , but also all such as seeing their brethren pursued for the cause of Religion , and having sufficient means to comfort and assist them , do neverthelesse withdraw from them their dutifull support . We would not your Majestie should be deceived , by the false perswasions of those cruell beasts the Church-men , who affirme , That your Majestie needeth not greatly to regard the losse of us that professe Christ Iesus in this Realme . If ( as God forbid ) ye give ear to their pestilent counsell , and so use against us this extremity pretended , it is to be feared , That neither ye , neither yet your posteritie shall at any time after this finde that obedience and faithfull service within this Realme , which as all times you have found in us . We declare our judgements freely , as true and faithfull Subjects . God move your Princely heart favourably to interpret our faithfull meaning : Further advertising your Majestie , That the selfe same thing , together with all things that we have done , or yet intend to do , we will notifie by our Letters to the King of France . Asking of you , in the Name of the eternall God , and as your Majestie tenders the peace and quietnesse of this Realme : That ye invade us not with any violence , till we receive answer from our Mistresse and her husb●nd , and from their advised Counsell there . And thus we commit your Majestie to the protection of the omnipotent . From Saint Johnston , the 22 of May 1559. Sic subscribitur . Your Majesties obedient Subjects in all things , not repugnant to God. The faithfull congregation of Christ Iesus in Scotland . To the same purpose we wrote to Monsieur Dosell in French , requiring of him , That by his wisdome he would mitigate the Queenes rage , and the rage of the Priests , otherwise that flame which then began to burn , would so kindle , that when some men would , it could not be slackned . Adding further , That he declared himself no faithfull servant unto his Master the King of France , if for the pleasure of the Priests he would persecute us , and so compell us to take the sword of just defence . In like manner we wrote to Captain Serre la Bourse , and to all other Captains and French Souldiers in generall , admonishing them that their Vocation was not to fight against us naturall Scotish-men , nor yet that they had any such Commandment of their Master : We besought them therefore not to provoke us to enmity against them , and to consider that they had found us favourable , in their most great extremities . We declared farther unto them , That if they entred in hostility and bloody War against us , that the same should remain longer then their owne lives , to wit , even in all posteritie to come , so long as naturall Scotish-men should have power to revenge such cruelty , and most horrible ingratitude . These Letters were caused to be spread abroad in great abundance , to the end that some might come to the knowledge of men . The Queen Regent her Letter was laid upon her Cushion in the Chappel Royall at Sterlin , where she was accustomed to sit at Masse ; she looked upon it , and put in the pocket of her Gown : Monsieur d' Osel and the Captains , received theirs , delivered even by their own souldiers ( for some amongst them were favourers of the Truth ) who after the reading of them , began to pull their own beards , for that was the modest behaviour of Monsieur d' Osell , when truth was told unto him , so that it repugned to his fantasie . These our Letters were suppressed to the utmost of their power , and yet they came to the knowledge of many . But the rage of the Queen and the Priests could not be stayed , but forward they move against us , who then were but a very few and mean number of Gentlemen in S. Iohnston ; we perceiving the extremity to approach , did write to all brethren to repair towards us for our relief , to the which we found all men so ready bent , that the Work of God was evidently to be espied : the Tenour whereof followeth . And because that we would omit no diligence to declare our innocency to all men , we formed a Letter to those of the Nobility , who then persecuted us , as after followeth : To the Nobility of Scotland . The Congregation of Christ Iesus within the same , desire the spirit of righteous Iudgement BEcause we are not ignorant that ye the Nobility of this Realme , who now persecute us , employing your whole study and force to maintain the kingdom of Sathan , of superstition and Idolatry , are yet neverthelesse divided in opinion . We the Congregation of Christ Jesus , by you unjustly persecuted , have thought good , in one Letter , to write unto you severally . Ye are divided , we say , in opinion ; for some of you think that we who have taken this enterprise to remove Idolatry , and the Monuments of the same , to erect the true Preaching of Christ Jesus , in the bounds committed to our Charges , are hereticks , seditious men , and troublers of this Commonwealth , and therefore no punishment is sufficient for us ; and so blinded with this rage , and under pretence to serve the Authority , ye proclaim War and destruction without all order of Law against us . To you , we say , that neither your blinde zeal , neither yet the colour of Authority , shall excuse you in Gods presence , who commandeth none to suffer death till that he be openly convinced in judgement , to have offended against God , and against his Law written ; which no mortall creature is able to prove against us : for whatsoever we have done , the same we have done at Gods commandment , who plainly commands Idolatry , and all Monuments of the same to be destroyed and abolished . Our earnest and long request hath been , and is , That in open Assembly it may be disputed , in presence of indifferent auditors , Whether that these abominations , named by the pestilent Papists , Religion , which they by fire and sword defend , be the true Religion of Jesus Christ or not ? Now this humble request denied unto us , our lives are sought in most cruell manner : And the Nobility ( whose duty is to defend innocents , and to bridle the fury and rage of wicked men , were it of Princes or Emperors ) do notwithstanding follow their appetites , and arme your selves against us your brethren , and naturall Countrey-men : yea , against us that be innocent and just , as concerning all such crimes as be laid to our charges . If ye think that we be criminall , because that we dissent from your opinion , consider , we beseech you , that the Prophets under the Law , the Apostles of Christ Jesus after his Ascension , his Primitive Church and holy Martyrs , did disagree from the whole world in their dayes . And will ye deny but that their action was just , and that all those that persecuted them were murtherers before God ? May not the like be true this day ? What assurance have ye this day of your Religion , which the world that day had not of theirs ? ye have a multitude that agree with you , and so had they : ye have antiquity of time , and that they lacked not : ye have Counsells , Laws , and men of reputation , that have established all things , as ye suppose : but none of all these can make any Religion acceptable unto God , which onely depended upon his owne will , revealed to man in his most sacred Word . It is not then a wonder that ye sleep in so deadly a security in the matter of your owne salvation ; considering that God giveth unto you so manifest tokens , that ye and your leaders are both declined from God. For if the tree shall be judged by the fruit ( as Christ Jesus affirmeth that it must needs be ) then of necessity it is , That your Prelats , and the whole rabble of their Clergie be evill trees : For if Adultery , Pride , Ambition , Drunkennesse , Covetousnesse , Incest , Unthankfulnesse , Oppression , Murther , Idolatry , and Blasphemy , be evill fruits , there can none of that Generation which claim to themselves the title of Churchmen , be judged to be good trees : For all these pestilent and wicked fruits do they bring forth in greatest abundance . And if they be evil trees ( as ye your selves must be compelled to confesse they are ) advise prudently with what consciences ye can maintain them to occupy the room and place in the Lords Vine-yard . Do ye not consider that in so doing ye labour to maintain the servants of sin in their filthy corruption , and so consequently ye labour that the devill may raigne , and still abuse this Realme by all iniquity and tyranny , and that Christ Jesus and his blessed Gospel be suppressed and extinguished . The name and the cloke of the authority which ye pretend , will nothing excuse you in Gods presence , but rather shall ye bear double condemnation , for that ye burden God , as that his good Ordinances were the cause of your iniquity : All Authority which God hath established , is good and perfect , and is to be obeyed of all men , yea , under pain of damnation . But do ye not understand , That there is a great difference betwixt the Authority which is Gods Ordinance , and the persons of those which are placed in Authority ; the Authority and Gods Ordinances can never do wrong , for it commandeth that vice and wicked men be punished , and vertue with vertuous men and just be maintained . But the corrupt person placed in this Authority , may offend , and most commonly doth contrary to this Authority : and is then the corruption of man to be followed , by reason that it is clothed with the name of Authority ? Or shall those that obey the wicked commandment of those that are placed in Authority , be excusable before God ? Not so , not so , but the plagues and vengeances of God taken upon Kings their servants and subjects , do witnesse to us the plain contrary . Pharaoh was a King , and had his Authority of God , who commanded his subjects to murther and torment the Israelites , and at last most cruelly to persecute their lives : But was their obedience ( blinde rage it should be called ) excusable before God ? the Universall plague doth plainly declare , That the wicked Commander , and those that obeyed , were alike guilty before God. And if the example of Pharaoh shall be rejected , because he was an Ethnicke , then let us consider the facts of Saul : He was a King anoynted of God , appointed to raign over his people ; he commanded to persecute David , because ( as he alleadged ) David was a Traytor , and Usurper of the Crowne : And likewise commanded Ahimeleck the High Priest and his fellows to be slaine : But did God approve any part of this obedience ? evident it is , That he did not . And think ye that God will approve in you , that which he did condemne in others ? be not deceived ; with God there is no such partiality . If ye obey the unjust commandments of wicked Rulers , ye shall suffer Gods vengeance and just punishment with them . And therefore , as ye tender your owne salvation , we most earnestly require of you moderation , and that ye stay your selves , and the fury of others , from persecuting of us , till our cause be tried in open and lawfull Judgement . And now to you who are perswaded of the justice of our cause , who sometimes have professed Christ Jesus with us , and who also have exhorted us to this enterprise , and yet have left us in our extreme necessity , at least looke out thorow your fingers in this our trouble , as that the matter appertained not unto you , we say , That unlesse ( all fear and worldly respects set aside ) ye joyn your selves with us , that as of God ye are reputed Traytors , so shall ye be excommunicated from our Society , and from all participation with us in the Administration of Sacraments : the glory of this Victory which God shall give to his Church , yea , even in the eyes of men , shall not appertain to you , but the fearful judgement which apprehended Ananias , and his wife Saphira , shall apprehend you and your posterity . Ye may perchance contemn and despise the Excōmunication of the Church now by Gods mighty power erected amongst us , as a thing of no force : But yet doubt we nothing , but that our Church , and the true Ministers of the same , have the same power which our Master Christ Jesus granted to his Apostles in these words , Whose sins ye shall forgive , shall be forgiven ; and whose sins ye shall retain , shall be retained , and that because they preach , and we believe the same Doctrine which is contained in his most blessed Word : and therefore , except that ye will contemne Christ Jesus , ye neither can despise our threatning , neither yet refuse us calling for your just defence . By your fainting , and by extracting of your support , the enemies are encouraged , thinking that they shall finde no resistance : in which point , God willing , they shall be deceived ; for if they were ten thousand , and we but one thousand , they shall not murther the least of our brethren , but we ( God assisting us ) shall first commit our lives into the hands of God for their defence . But this shall aggravate your condemnation , for ye declare your selves both Traytors to the Truth once professed , and murtherers of us and of our brethren , from whom ye withdraw your dutifull and promised support , whom your onely presence ( to mans judgement ) might preserve from this danger . For our enemies look not to the power of God , but to the force and strength of man ; when the number is mean to resist them , then rage they as bloody wolves ; but a part equall or able to resist them by appearance , doth bridle their fury . Examine your owne consciences , and weigh that Sentence of our Master Christ Jesus , saying , Whosoever denieth me , or is ashamed of me before men , I shall deny him before my Father . Now is the day of his Battell in this Realm , if ye deny us your brethren , suffering for his Names sake , ye do also deny him , as himselfe doth witnesse , in these words , Whatsoever ye did to any of these little ones , that ye did to me , and what ye did not to one of these little ones , that ye did not to me : If these sentences be true as concerning meat , drink , cloathing , and such things a appertain to the body , shall they not be likewise true in these things that appertain to the preservation of the lives of thousands , whose blood is now sought , for profession of Christ Jesus ? And thus shortly we leave you , who sometimes have professed Christ Jesus with us , to the examination of your own consciences . And yet once again of you , who blinded by superstition , persecute us : We require moderation , till our cause may be tried ; which if ye will not grant unto us for Gods Cause , yet we desire you to have respect to the preservation of your common Countrey , which we can no sooner betray into the hands of strangers , then that one of us destroy and murther another . Consider our Petitions , and call for the spirit of righteous judgement . These our Letters being divulgate , some began to reason , Whether in conscience they might invade us , or not , considering that we offred due obedience to the Authority , requiring nothing , but liberty of conscience , and our Religion and fact to be tried by the Word of God. Our Letters came with convenient expedition to the hands of our brethren in Cuninghame and Kyle , who assembled at the Church of Craggie ; where after some contrarious reasons , Alexander Earle of Glencarne , in zeal burst forth in these words , Let every man serve his conscience , I will , by Gods grace , see my brethren in S. Johnston : Yea , albeit never man should accompany me , yet I will go , and if it were but a Pike upon my shoulder ; for I had rather die with that company , then live after them . These words so encouraged the rest , that all decreed to go forward , as that they did so stoutly , that when the Lion Herault in his coat of Arms , commanded all men under pain of treason to return to their houses by publike sound of trumpet in Glasgow , never man obeyed that charge , but all went forward , as we shall after heare . When it was clearly understood that the Prelates and their adherents suppressing our Petitions so far as in them lay , did kindle the furie of all men against us : it was thought expedient to write unto them some Declaration of our minds , which we did in this forme following . To the generation of Antichrist , the pestilent Prelats , and their Shavelings within Scotland , the Congregation of Christ Iesus within the some saith , TO the end that ye shall not be abused , thinking to escape just punishment , after that ye in your blinde furie have caused the blood of many to be shed : This we notifie and declare unto you , That if ye proceed in this your malicious crueltie , ye shall be dealt withall wheresoever ye shall be apprehended , as murtherers and open enemies to God and unto mankinde . And therefore betimes cease from this blinde rage : Remove first from your selves , your bands of bloodie men of war , and reform your selves to a more quiet life , and hereafter mitigate ye the authority , which without crime committed on our part ye have inflamed against us , or else be ye assured , That with the same measure that ye have measured against us , and yet intend to measure to others , it shall be measured unto you ; that is , As ye by tyrannie intend not onely to destroy our bodies , but also by the same to hold our souls in bondage of the Devil , subject to Idolatry : So shall we with all force and power , which God shall grant unto us , execute just vengeance and punishment upon you , yea , we shall begin that same war which God commandeth Israel to execute against the Canaanites , that is , contract of peace shall never be made till that ye desist from your open Idolatry and cruell persecution of Gods children . And this we signifie unto you , in the name of the eternall God , and of his Son Christ Jesus , whose Verity we professe , and Gospel we have Preached , and holy Sacraments rightly ministred , so long as God will assist us to gain stand your Idolatry . Take this for advertisement and be not deceived . Notwithstanding these our Requests and Advertisements , Monsieur Dosell and his French men , with the Priests and their bands , marched forward against S. Iohnston , and approached within ten miles of the Town ; then repaired the brethren from all quarters for our reliefe . The Gentlemen of Fyfe ; Angus , Mernes , with the Town of Dundie were there , they that first hazarded to resist the enemy : and for that purpose was chosen a place of ground , a mile and more distant from the Town . In this mean time , the Lord Ruthuen , Provest of the Town of S. Iohnston , and a man whom many judged godly and stout in that action ( as in very deed he was even unto his last breath ) left the Town , and departed first to his own place , and after to the Queen ; whose defection and revolt was a great discouragement to the hearts of many , and yet did God so comfort them , that within the space of twelve houres after , the hearts of all men were set up againe . For those that were then assembled , did not so much hope of victory by their own strength , as by the power of him , whose Verity they professed , and began one to comfort another , till the whole multitude was erected in a reasonable hope . The day after that the Lord Ruthuen departed , which was the foure and twentieth of May , came the Earle of Argyle , Lord Iames Prior of S. Andrews , and the Lord Semple , directed from the Queen Regent , to enquire the cause of that Convocation of Lieges there . To whom when it was answered , That it was onely to resist the cruell tyrannie devised against that poore Towne , and the inhabitants of the same . They asked if we minded not to hold that Towne against the authority , and against the Regent . To the which Question answered the Lairds of D●n and Pitarro , with the Congregation of Angus and Mernes , the Master of Lindsay , the Lairds of Londy , Balvarde , and others Barons of Fyfe . That if the Queenes Majestie would suffer the Religion there begun to proceed , and not trouble their brethren and sisters that had professed Christ Jesus with them , That the Towne , they themselves , and whatsoever to them pertained , should be at the Queens commandment . Which answer understood , the Earle of Argyle and the Prior ( who both were then Protestants ) began to muse , and said plainly , That they were far otherwise informed by the Queen , to wit , That we meant no Religion , but a plaine Rebellion . To the which when he had answered simply , and as the trueth was , to wit , That we Convened for none other purpose , but onely to assist our brethren , who then were most unjustly persecuted , and therefore we desired them faithfully to report our answer , and to be intercessors to the Queen Regent , That such cruelty should not be used against us , considering that we had offered in our former Letters , as well to the Queens Majesty , as to the Nobility , our matter to be tried in lawfull judgement . They promised fidelity in that behalfe , which also they kept . The day after , which was the five and twentieth of May , before that the said Lords departed , in the morning Iohn Knox desired to speak with the same Lords , which granted unto him , he was conveyed to their Lodging by the Laird of Balvarde ; and thus began , The Oration of Iohn Knox to the Lords . THe present troubles , honourable Lords , ought to move the hearts , not onely of the true servants of God , but also of all such as beare any favour unto our Countrey and naturall Countrey-men , to descend within themselves , and deepely to consider , what shall be the end of this pretended tyrannie . The rage of Satan seeketh the destruction of all those that within this Realme professe Christ Iesus , and they that inflame the Queene , and you the Nobles against us , regard not who prevaile , provided that they may abuse the world , and live at their pleasure , as heretofore they have done : yea , I feare that some seek nothing more , then the effusion of Scottish blood , to the end that their possessions may be more patent to others . But because that this is not the principall which I have to speak , omitting the same to be considered , by the wisdome of those to whom the care of the Common-wealth appertaineth . 1. I most humbly require of you , my Lords , in my name , to say to the Queene Regent , That we in whom she in her blinde rage doth persecute , are Gods servants , faithfull and obedient Subjects to the authoritie of this Realme : That that Religion which she pretendeth to maintaine by fire and sword , is not the true Religion of Christ Iesus , but is expresse contrary to the same , a superstition devised by the braine of man , which I offer my selfe to prove against all that within Scotland will maintaine the contrary , liberty of tongue being granted unto me , and Gods written Word being admitted for judge . 2. I further require your honours in my name to say unto the Queen , That as oft before I have written , so now I say , That this her enterprise shall not prosperously succeed in the end , and albeit for a time she trouble the Saints of God , for she fights not against man only , but against the eternall God , and his invincible Verity , and therefore the end shall be her confusion , unlesse betimes she repent and desist . These things I require of you , in the Name of the eternall God , as from my mouth , to say unto her Majestie , adding , That I have been , and am a more assured friend to her Majestie , then they , that either flattering her , as servants to her corrupt appetites , or else inflame her against us , who seek nothing but Gods glory to be advanced ; Vice to be suppressed ; and Veritie to be maintained in this poore Realme . They all three did promise to report his words so far as they could , which afterwards we understood they did ; yea the Lord Sempill himselfe , a man sold unto sin , enemie to God and all godlinesse , did yet make such report , That the Queen was somewhat offended , that any man should use such libertie in her presence . She still proceeded in her malice , for immediately thereafter she sent her Lion Herald with Letters , straitly charging all men to avoid the Towne under the paine of Treason . Which Letters , after he had declared them to the chiefe men of the Congregation , he publikely proclaimed the same upon Sunday the 27 of May. In this meane time came sure knowledge to the Queen , to Duke Hamilton , and to Monsieur Dosell , That the Earle of Glencarne , the Lords Uchiltrie and Boyde , the young Sheriffe of Air , the Lairds of Craggy , Wallace , Sesnock , Carnell , Bar , Gairgirth , and the whole congregation of Kyle and Cuninghame approached for our reliefe , and in very deed they came in such diligence , and such a number , That as the enemy had just cause to fear ; so have all that professe Christ Jesus , just matter to praise God , for their fidelity and stout courage in that need : For by their presence was the tyrannie of the enemy bridled . Their diligence was such , that albeit the passage by Sterlin and six miles above was stopped ( for there lay the Queen with her bands , and caused the Bridges to be cut upon the waters of Forth , Gudy , and Teith , above Sterlin ) yet made they such expedition through desert and mountaine , that they prevented the enemy , and approached within sixe miles of our Campe , which then lay without the Towne awaiting upon the enemy , before that any assured knowledge came to us of their coming . Their number was judged to twentie five hundred men , whereof there was twelve hundred Horsemen . The Queene understanding how the said Earle and Lords , with their company approached , caused to beset all wayes , that no advertisement should come to us : To the end , That we despairing of support , might condiscend to such appointment as she required . And sent first to require that some discreet men of our number would come and speak to Duke Hamilton and Monsieur Dosell , ( who then with their Army lay at Achtererdoch , ten miles from S. Iohnston ) to the end , that some reasonable appointment might be had . She had perswaded the Earle of Argyle and all others , That we meant nothing but Rebellion ; and therefore had he promised unto her , That in case we would not stand content with a reasonable appointment , he would declare himselfe open enemy unto us , notwithstanding that he professed the same Religion with us . From us were sent the Laird of Dun , the Laird of Inuerquhartye , and Thomas Scot of Abbotshall , to hear what appointment the Queene would offer . The Duke and Monsieur Dosell required , That the Towne should be made patent , and that all things should be referred to the Queenes pleasure . To the which they answered , That neither they had commission so to promise , neither durst they in conscience so perswade their brethren : But if the Queene would promise , That no inhabitant of the Town should be troubled for any such crimes as might be alleadged against them , for the late mutation of Religion and abolishment of Idolatrie , and for down-casting the places of the same ; If she would suffer the Religion begun to go forward , and leave the Towne at her departing free from the Garrisons of French Souldiers ; That they would labour at the hands of their brethren , that the Queene should be obeyed in all things . Monsieur Dosell perceiving the danger to be great , if that a sudden appointment should be made , and that they were not able to execute their tyrannie against us , after that the Congregation of Kyle ( of whose comming we had no advertisement ) should be joyned with us , with good words dismissed the said Lairds to perswade the brethren to quiet concord . To the which we were all so well minded , that with one voice they cried ; Cursed be they that seek effusion of blood ; Let us possesse Christ Iesus , and the benefit of his Gospel , and none within Scotland shall be more obedient Subjects then we shall be . With all expedition were sent from Sterlin againe ( after that the coming of the Earle of Glencarne was knowne , for the enemie for feare quaked ) the Earle of Argyle and Lord Iames aforesaid . And in their company a crafty man Master Gauin Hamilton , Abbot of Kilwinning , who were sent by the Queen to finish the appointment aforesaid . But before that they came , was the Earle of Glencarne and his honourable company arrived in the Towne : and then began all men to praise God , for that he had so mercifully heard them in their most extreame necessitie , and had sent unto them such reliefe as was able without effusion of blood to stay the rage of the enemie . The Earle of Argyle and Lord Iames did earnestly perswade the agreement , to the which all men were willing : but some did smell the craft of the adversary , to wit , That they were minded to keep no point of the promise longer then they had obtained their intent . With the Earle of Glencarne came our loving brother Iohn Willock , Iohn Knox was in the Town before . These two went to the Earle of Argyle and Lord Iames , accusing them of infidelity , in so far as they had defrauded their brethren of their dutifull support , and comfort in their greatest necessity . They answered both , That their heart was constant with their brethren , and that they would defend that Cause to the uttermost of their power . But because they had promised to labour concord , and to assist the Queen in case we refused reasonable offers , in conscience and honour they could do no lesse then be faithfull in their promise made : And therefore they required that the brethren might be perswaded to consent to that reasonable appointment ; promising in Gods presence , That if the Queen did break in any jot thereof , that they with their whole powers would assist and concurre with the brethren in all times to come . This promise made , the Preachers appeased the multitude , and obtained in the end that all men did consent to the appointment foresaid ; which they obtained not without great labours ; and no wonder , for many foresaw the danger to follow : yea the Preachers themselves in open Sermon did affirme plainly , That they were assuredly perswaded that the Queen meant no truth . But to stop the mouth of the adversary , who unjustly did burthen us with Rebellion , they most earnestly required all men to approve the appointment , and so to suffer hypocrisie to disclose it self . This appointment was concluded the 28 of May , and the day following , at two in the after noon , departed the Congregation from Saint Iohnston , after that Iohn Knox had in his Sermon exhorted all men to constancy , and unfainedly to thanke God , for that it had pleased his mercy to stay the rage of the enemy without effusion of blood ; Also that no brother should be weary , nor faint , to support such as should after be likewise persecuted : for ( said he ) I am assured that no part of this promise made shall be longer kept , then till the Queen and her French-men to have the upper hand . Many of the enemies were at the same Sermon : For after that the appointment was made , they had free entry in the Towne to provide Lodgings . Before the Lords departed , was this Bond , whose Tenour followeth , as it was written and subscribed . The second Covenant at Perth . AT Perth the last of May , the yeere of God 1559 yeers , the Congregations of the West Countrey , with the Congregations of Fyfe , Perth , Dundie , Angus , Mernes , and Monrosse , being convened in the Towne of Perth , in the Name of Iesus Christ , for setting forth of his glory , understanding nothing more necessary for the same , then to keepe a constant amity , unity , and fellowship together , according as they are commanded by God , are confederate , and become bounden and obliged in the presence of God , to concurre and assist together in doing all things required of God in his Scripture , that may be to his glory ; And at their whole powers to destroy and put away all things that doth dishonour to his Name , so that God may be truely and purely worshipped . And in case that any trouble be intended against the said Congregation , or any part or member thereof , the whole Congregation shall concurre , assist , and convene together , to the defence of the same Congregation or person troubled : And shall not spare Labours , Goods , Substance , Bodies and Lives , in maintaining the liberty of the whole Congregation , and every member thereof , against whatsoever person shall intend the said trouble for cause of Religion , or any other cause depending thereupon , or lay to their charge , under pretence therof , although it happen to be coloured with any other outward cause . In witnessing and testimony of the which , the whole Congregation aforesaid have ordained and appointed the Noble-men and persons under-written , to subscribe these Presents . Sic subscribitur , Arch Argyle , Iames Steward , Glencarne . R. Lord Boid , Lord Wchiltrie , Matthew Campbell of Tarmganart . The 29 of May entred the Queen , the Duke , Monsieur d'Osell , and the French-men , who in discharging their Volley of Hacquebutes , did well mark the house of Patrike Murray , a man fervent in Religion , and that boldly had sustained all danger in that trouble ; against whose stayr they directed six or seven Shot even against the faces of those that were there lying ; all men escaped , except the son of the foresaid Patrike , a boy of ten or twelve yeers of age ; who being slain , was had to the Queens presence : but she understanding whose son he was , said in mockage , It is pity it chanced on the son , and not on the father ; but seeing that so it is chanced , we cannot be against fortune . This was her happy entry in Saint Iohnston , and the great zeal she beareth to Justice . The swarme of Papists that entred with her , began straight to make provision for their Masse ; and because the Altars were not so easie to be repaired again , they provided Tables , whereof some before used to serve for Drunkards , Dicers , and Carders , but they were holy enough for the Priest and his Pageant . The Queen began to rage against all godly and honest men , their houses were oppressed by the French , the lawfull Magistrates , as well Provest as Baylies , were unjustly , and without all order , deposed from their Authority : a wicked man , void of Gods fear , and destitute of all vertue , the Laird of Kilfans , was intrusted by her , Provest of the Towne : Whereat all honest men offended , left their owne houses , and with their wives and children sought amongst their brethren some resting place for a time . She took order that four Colours of the Souldiers should abide in the Town to maintain Idolatry , and to resist the Congregation . Honest and indifferent men asked why she did so manifestly violate her promise ? She answered , That she was bound to keep no promise to hereticks : And moreover , That she promised onely to leave the Towne free of French Souldiers ; which ( said she ) she did , because that these that therein were left were Scotishmen . But when it was reasoned in her contrary , That all those that took wages of France were counted French Souldiers , she answered , Princes must not be straitly bounden to keep their promises : My selfe ( said she ) would make little conscience to take from all that sort their lives and inheritance , if I might do it with as honest an excuse . And then she left the Towne in extreme Bondage : After that her ungodly French-men had most cruelly used the most part of those that remained in the ●ame , the Earle of Argyle , and Lord Iames foresaid perceiving in the Queen nothing but meer tyranny and falshood , mindefull of their former promises made to their brethren , did secretly convey themselves , and their Companies of the Town , and with them departed the Lord Ruthuen , of whom before mention is made ; then the Earle of Menteth , and the Laird of Tullybardin , who in Gods presence did confederate and binde themselves together , faithfully promising one to assist and defend another against all persons that would pursue them for Religion sake ; and also that they with their whole force and power would defend the brethren persecuted for the same Cause . The Queen highly offended at the sudden departure of the persons aforesaid , sent charges to them to return , under the highest pain of her displeasure . But they answered , That with safe conscience they could not be partakers of so manifest tyranny as was by her committed , and of so great iniquity as they perceived devised by her , and her ungodly counsell the Prelats , This answer was given to her the first day of Iune , and immediately the Earle of Argyle , and Lord Iames repaired toward S. Andrewes ; and in their Journey gave advertisement by writing to the Laird of Dun , to the Laird of Petarrow , to the Provest of Dundie , and others , professors in Angus , to visite them in S. Andrewes the fourth of Iune , for Reformation to be made there : which day they kept , and brought in their company Iohn Knox , who the first day after his coming to Fyfe , did preach in Carreal , the next day in Anstruther , minding the third day , which was the Sunday , to preach in S. Andrews . The Bishop hearing of Reformation to be made in his Cathedrall Church , thought time to stirre , or else never , and therefore assembled his colleagues , and confederate fellows , besides his other friends , and came to the Towne upon the Saturday at night , accompanied with a hundred Spears , of minde to have stopped Iohn Knox from Preaching . The two Lords and Gentlemen aforesaid were onely accompanied with their quiet housholds , and therefore was the sudden coming of the Bishop the more fearfull ; for then was the Queen and her French-men departed from Saint Iohnston , and were lying in Falkland , within twelve miles of S. Andrews ; and the Town at that time had not given profession of Christ , and therefore could not the Lords be assured of their friendship . Consultation being had , many were of minde that the Preaching should be delayed for that day , and especially that Io. Knox should not preach , for that did the Bishop affirme that he would not suffer , considering that by his Commandment the Picture of the said Iohn was before burnt . He willed therefore an honest Gentleman , Robert Colwill of Cleisse , to say to the Lords , That in case Iohn Knox presented himselfe to the Preaching-place , in his Towne and principall Church , he should make him be saulted with a Dozen of Culverings , whereof the most part should light upon his nose . After long deliberation had , the said Iohn was called , that his owne judgement might be had ; When many perswasions were made that he should delay for that time , and great terrours given in case he should enterprise such a thing ; as it were in contempt of the Bishop , he answered , God is witnesse that I never preached Christ Iesus in contempt of any man , neither minde I at any time to present my selfe to that place , having either respect to my owne private commodity , either yet to the worldly hurt of any creature : But to delay to preach to morrow ( unlesse the body be violently with-holden ) I cannot in conscience : For in this Towne and Church began God first to call me to the dignity of a Preacher , from the which I was re●t by the tyranny of France , and procurement of the Bishops , as ye well enough know , how long I continued prisoner , what torment I sustained in the Gallies , and what were the sobs of my heart , is now no time to recite . This onely I cannot conceale , which more then one have heard me say when my body was absent from Scotland , That my assured hope was , in open audience to preach in Saint Andrewes , before I departed this life . And therefore ( said he ) my Lords , seeing that God above the expectation of many hath brought my bodie to the same place where first I was called to the Office of a Preacher , and from the which most unjustly I was removed : I beseech your Honours not to stop me from presenting my selfe unto my Brethren : And as for the feare of danger that may come to me , let no man be solicite , for my life is in the custody of him whose glory I seek ; and therefore I cannot so feare their boast nor tyrannie , that I will cease from doing my duty , when of his mercy he offereth the occasion . I desire the hand and weapon of no man to defend me , onely do I crave audience ; which if it be denied here unto me at this time , I must seek further where I may have it . At these words the Lords were fully content that he should occupy the place , which he did upon Sunday the tenth of June , and did treat of the ejection of the buyers and the sellers forth of the Temple of J●rusalem ; as it is written in the Evangelists Matthew and Iohn , and so he applied the corruption that was then , to the corruption that is in Papistry : and Christs fact , to the duty of those to whom God giveth power and zeale thereto , that aswell the Magist●ates , the Provest and Baylies , as the communalty for the most part within the Towne , did agree to remove all Monuments of Idolatry , which also they did with expedition . The Bishop advertised h●reof , departed that same day to the Queen , who lay with her French-men , as is said , in Falkland . The hot fury of the Bishop did so kindle her choler ( and yet the love was very cold betwixt them ) that without farther delay conclusion was taken , to invade Saint Andrewes , and the two young Lords aforesaid , who then were very slenderly accompanied . Posts were sent from the Queen with all diligence to Cowper , distant onely six miles from Saint Andrewes , to prepare Lodgings and Victualls for the Queen and her French-men . Lodgings were assigned , and F●rriers were sent before . Which thing understood , counsell was given to the Lords to march forward , and to prevent them before they came to Cowper : which they did , giving advertisement to all brethren with all possible expedition to repair towards them , which they also did , with such diligence , that in their Assemblie the wonderous Worke of God might have been espied : For when at night the Lords came to Cowper , they were not an hundred Horse , and some few Foot-men whom the Lord Iames , brought from the Coast ●ide ; and yet before the next day at noon ( which was Tuesday the thirteenth of June ) their number passed three thousand men , which by Gods providence came unto the Lords from Lowthiane the Lairds of Ormeston , Calder , Hatton , Lestarrig , and Colston , who albeit they understood at their departing from their owne houses no such trouble , yet were they by their good counsell very comfortable that day . The Lord Ruthuen came from Saint Iohnston with some Horse-men with him : The Earle of Rothesse Sheriff of Fyfe , came with an honest Company . The Townes of Dundie and S. Andrews declared themselves both stout and faithfull . Cowper , because it stood in greatest danger , was assisted with the whole Force . Finally , God did so multiply our number , That it appeared as men had rained from the clouds . The enemy understanding nothing of our Force assured themselves of Victory . Who had beene in Falkland the night before , might have seen embracing and kissing , betwixt the Queen , the Duke , and the Bishop : But Master Gawin Hamilton , gaper for the Bishoprick of S. Andrews , above all others , was lovingly embraced of the Queen ; For he made his solemne Vow , That he would fight , and that he would never return till he brought those Traitours to her Majestie , either quick or dead . And thus before midnight did they send forward their Ordnance , themselves did follow before three of the clock in the morning . The Lords hereof advertised , assembled their company early in the morning upon Cowper-moore ; where by the advice of M. Iames Haliburtoun Provest of Dundie , was chosen a place of ground convenient for our defence : For it was so chosen ▪ That upon all sides our Ordnance might have beaten the enemy , and yet we have stood in safety , if we had been pursued till we had come to hand strokes . The Lord Ruthuen took the charge of the horsemen , and ordered them so , That the enemy was never permitted to espie our number ; the day was dark , which helped thereto . The enemy ( as before is said ) thinking to have found no resistance , after that they had twice or thrice made shew unto us , as that they would retire , marched forward with great expedition , and approached within a mile before that ever their horsemen stayed , and yet they kept betwixt us and them a water , for their strength . It appeared to us , That either they marched for Cowper or S. Andrews : and therefore our Horse-men in their Troope , and a part of the Foot-men with the Ordnance marched somewhat alwayes before them for safety of the Towne . The Lords , with the Gentlemen of Fyfe , and so many of Angus and Mearns as were present , kept themselves close in a knot , neere to the number of a thousand Speares . The Townes of Dundie and S. Andrews were arrayed in another battell , who came not to the sight of the enemy , till that after twelve of the clock the mist began to vanish , and then passed some of their Horse-men to a mountaine , from the height whereof they might discerne our number . Which perceived by them , their Horse-men and Foot-men stayed incontinent , Posts ran to the Duke and Monsieur Dosell , to declare our number , and what order we kept : And then were Mediators sent to make appointment , but they were not suffered to approach neere to the Lords , neither yet to the view of our Camp ; which put them in great feare . Answer was given unto them , That as we had offended no man , so would we seek appointment of no man ; but if any would seek our lives ( as we were informed they did ) they should finde us , if they pleased to make diligence . This answer received , were sent againe the Lord Lindsay , and Laird of W●nchton , who earnestly requested us to concord , and that we would not be the occasion that innocent blood should be shed . We answered , That neither had we quarrell against any man , neither yet sought we any mans blood : onely we were convened for defence of our own lives unjustly sought by others . We added further ▪ That if they could finde the meane , that we and our brethren might be free from the tyrannie devised against us , that they should reasonably desire nothing which should be denied for our part . This answer received , the Duke and Monsieur Dosell , having Commission of the Queen Regent , required , That Assurance might be taken for eight dayes ; to the end that indifferent men in the mean time might commune upon some finall agreement of those things which were then in controversie . Hereto did we fully consent , albeit that in number and force we were far superiour , and for testification hereof , we sent unto them our hand writs ; and we likewise received theirs with promise , That within two or three dayes some discreet men should be sent to us to S. Andrews , with further knowledge of the Queens minde . The tenour of the assurance was this . The Assurance . WE James Duke of Chattellerault , Earle of Arrane , Lord Hamilton ; and my Lord Dosell , Lieutenant for the King in these parts , for our selves , our assistaries , and partakers , being presently with us in company . By the tenor hereof promits faithfully in honour to my Lords Archibald Earle of Argyle , and James , Commendater of the Priory of S. Andrews , to their assistants and partakers being presently with them in company : That we and our company aforesaid , shall retire incontinent to Falkland , and shall with diligence transport the French men , and our other folkes now presently with us , and that no French men or other Souldiers of ours , shall remaine within the bounds of Fyfe , but so many as before the raising of the last Army lay in Disert , Kirkcaldie , and Kinghorne , and the same to lie in the same places onely , if we shall think good . And this to have effect for the space of eight dayes following the date hereof exclusive , That in the meane time certaine Noble-men , by the advice of the Queen and the rest of the Councell may convene to talk of such things , as may make good order and quietnesse amongst the Queens Lieges . And further , We , nor none of our assisters being present with us , shall invade , trouble , or disquiet the said Lords nor their assisters , during the said space . And this we binde and oblige us upon our loyall fidelitie and honour , to observe and keepe in every point above-written , without fraud or guile . In witnesse whereof , we have subscribed these presents with our own hands . At Garlebanke the 13 day of Iune 1559. Subscribed . Iames Hamilton . Meneits , Dosell . And this received , we departed first , because we were thereto requested by the Duke ; and so we returned to Cowper , lauding and praising God , for his mercy shewed , and thereafter every man departed to his dwelling place . The Lords and a great part of the Gentlemen passed to S. Andrews , who there abode certain dayes , still looking for those that were promised to come from the Queen for appointment to be made . But we perceiving her craft and deceit ( for under that assurance , she meant nothing else but to convey her selfe , her Ordnance , and French-men over the water of Forth ) took consultation what should be done for delivering S. Iohnston from these ungodly Souldiers , and how our brethren exiled from their own houses , might be restored again . It was concluded , That the brethren of Fyfe , Angus , Mernes , and Stratherne , should Convene at S. Iohnston the foure and twentieth day of June for that purpose , and in the mean time were these Letters written by the Earle of Argyle and Lord Iames to the Queen then Regent . Letters to the Queen Regent . MAdame , after our hearty commendations of service , this shall be to shew your Majestie , That upon the 13 day of Iune , we were informed by them that were Communers betwixt the Duke , Monsieur Dosell , and us , That we should have spoken unreverently of your Majestie , which we beseech your Majestie , for the true service that we have made , and are ready to make at all times to your Majestie , That of your goodnesse you will let us know the sayers thereof , and we shall do the dutie of true Subjects , to defend our own innocency : As we take God to witnesse , of the good Zeale and Love we beare towards you , to serve you with true hearts , and all that we have , as well lands as goods ; desiring no other thing for our service , but the liberty of our conscience to serve our Lord God , as we shall answer to him , which your Majestie ought and should give us unrequired . Moreover , please your Majestie , That the Duke and the Noble-men being in Sterlin for the time , by your Majesties advice , solicited us to presse the Congregation assembled at the Town of Perth , to Commune of Concord , where we did our exact diligence , and brought it to passe , as your Majestie knows . And there is a point , that we plainly see it not observed to us , which is , That no Souldier should remain in the Town after your Majesties departing . And suppose it may be inferred , That it was spoken of French Souldiers onely , yet we took it otherwise , like as we do yet , That Scottish-men , or any other Nation , taking wages of the King of France , are reputed and holden French Souldiers . Therefore seeing we of good will and minde brought that matter to your Majesties contentment , it will please your Majestie of your goodnesse to remove the Souldiers and their Captains , with others that have gotten charge of the Town , That the same may be guided and ruled freely , as it was before , by the Ballyes and Counsell conforme to their infeoffments given to them , by the ancient and most excellent Kings of this Realme , to elect and chuse their officers at Michaelmas , and they to endure for the space of one yeere , conforme to the old Rite and Custome of this Realme : which being done by your Majestie , we trust the better successe shall follow thereupou to your Majesties content , as the bearer will declare at more length to your Majestie ; Whom God preserve . To Saint Iohnston , with the Gentlemen before expressed , did Convene the Earle of Monteith , the Laird of Glaneurquhair , and divers others , who before had not presented themselves for defence of their brethren . When the whole multitude was Convened , a Trumpet was sent by the Lords , commanding the Captains and their Bands , To avoid the Towne , and to leave it to the ancient Libertie and just Inhabitants of the same ; Also commanding the Laird of Kilfawnes , put in Provest by the Queen , with the Captains aforesaid , To open the gates of the Town , and make the same patent to all our Soveraigns lieges , to the effect , That as well true Religion now once begun therein , may be maintained , and Idolatry utterly suppressed , as also the said Town might enjoy and brook their ancient Laws and Liberties , unoppressed by men of War , according to their old Priviledges granted to them by the ancient Princes of this Realme , and conforme to the provision contained in the Contract of Marriage , made by the Nobility and Parliament of this Realme with the King of France , bearing namely , That our old Laws or Liberties should not be altered : Adding thereto , If they foolishly resisted , and therein happened to commit murther , That they should be treated as murtherers . To the which they answered proudly , That they would keep and defend that Towne , according to their promise made to the Queen Regent . This answer received , preparation was made for the Siege and assault . For amongst all , it was concluded that the Towne should be set at liberty , to what danger soever their bodies should be exposed . While preparation was in making , came the Earle of Huntly , the Lord Erskin , Master Iohn Ballenden , Justice Clerk , requiring that the pursuit of the Town should be delayed . To speake to them were appointed , the Earle of Argyle , Lord Iames , and Lord Ruthuen , who perceiving in them nothing but a drift of time , without any assurance that the former wrongs should be redressed , gave unto them a short and plaine answer , That they would not delay their purpose an houre : and therefore willed them to certifie the Captains in the Town , That if by pride and foolishnesse they would keep the Town , and in so doing slay any of their brethren , that they should every one die as murtherers . The Earle of Huntly , displeased at this answer , departed , and was highly offended that he could not dresse such an appointment , as should have contented the Queen and the Priests . After their departing the Town was again summoned : but the Captaines supposing that no sudden pursuit should be made , and looking for reliefe to have been sent from the Queen , abode in their former opinion . And so upon Saterday the nine and twentieth of June , at ten of the clock at night , commanded the Lord Ruthuen who besieged the west Quarter , to shoot the first Volley , which being done , the Town of Dundie did the like , whose Ordnance lay on the east side of the Bridge . The Captaines and Souldiers within the Town , perceiving that they were unable long to resist , required assurance till twelve houres upon the morrow ; promising , That if before that houre there came unto them no relief from the Queen Regent , that they would render the Town : Provided that they should be suffered to depart the Town with Ensigne displayed . We thirsting the blood of no man , and seeking onely the liberty of our brethren , condescended to their desires , albeit that we might have executed against them judgement without mercy , for that they had refused our former favours , and had slain one of our brethren , and hurt two in their resistance , and yet we suffered them freely to depart without any further molestation . The Town being delivered from their thraldom , upon Sunday the six and twentieth of June thanks was given to God for this great benefit received , and consultation was taken , what was further to be done . In this meane time , zealous men considering , how obstinate , proud , and despightfull , the Bishop of Murray had been before , how he had threatned the Town by his Souldiers and friends who lay in Scone , thought good that some order should be taken with him , and with that place , which lay neer to the Towns end . The Lords wrote unto him ( for he lay within two miles of S. Iohnston ) That unlesse he would come and assist them , they neither could spare nor save his place . He answered by his writing , That he would come , and would do as they thought expedient ; that he would assist them with his Force , and would consent with them against the rest of the Clergie in Parliament . But because this answer was slow in coming , the Town of Dundie partly offended for the slaughter of their men , and especially bearing no good favour to the said Bishop , for that he was and is chief enemy to Christ Jesus , and that by his counsell alone was Walter Mile our brother put to death , they marched forward : To stay them was first sent the Provest of Dundie , and his brother Alexander Halyburtoun Captaine ; who little prevailing , was sent unto them Iohn Knox ; but before his coming , they were entred to the pulling downe of the Idols and dortoir . And albeit the said Master Iames Halyburtoun , Alexander his brother , and the said Iohn , did what in them lay to have stayed the fury of the multitude , yet were they not able to put order universally , and therefore they sent for the Lords , Earle of Argyle and Lord Iames , who coming with all diligence , laboured to have saved the place and the place and the Church . But because the multitude had found buried in the Church a great number of hid goods , of purpose to have preserved them to a better day ( as the papists speak ) the Towns of Dundie and S. Iohnston could not be satisfied , till that the whole reparation and Ornaments of the Church ( as they terme it ) were destroyed . And yet did the Lords so travell , that they saved the Bishops Palace , with the Church and place for that night : For the two Lords did not depart , till they brought with them the whole number of those that most sought the Bishops displeasure . The Bishop greatly offended that any thing should have been enterprised in reformation of his place , asked of the Lords his Band and hand-writing , which not two hours before he had sent unto them ; which delivered to his Messenger Sir Adam Browne , advertisement was given , That if any farther displeasure chanced unto him , he would that he should not blame them . The Bishops servants that same night began to fortifie the place again , and began to do violence to some that were carrying away such Baggage as they could come by . The Bishops Girnall was kept the first night by the labours of Iohn Knox , who by exhortation removed such as violently would make interruption . The same night departed from S. Iohnston the Earl of Argyle , and L. Iames , as after shall be declared . The morrow following , some of the poor , in hope of spoyl , and some of Dundie , to consider what was done , passed up to the said Abbey of Scone ; whereat the Bishops servants offended , began to threaten and speak proudly : and as it was constantly affirmed , one of the Bishops sons thrust thorow with a Rapier one of Dundie , for because he was looking in at the Girnell door . This brute noysed abroad , the Town of Dundie was more enraged then before ; who putting themselves in Armour , sent word to the inhabitants of S. Iohnston , That unlesse they would support them to avenge that injury , they should never after that day occure with them in any action . The multitude easily enflamed , gave the Alarm , and so was that Abbey and Palace appointed to Saccage , in doing whereof they took no long deliberation , but committed the whole to the merciement of fire . Whereat no small number of us were so offended , that patiently we could not speak , to any that were of Dundie or Saint Iohnston . A poor aged matron seeing the flame of fire to passe up so mightily , and perceiving that many were thereat offended , in plain and sober manner of speaking , said , Now I see and understand that Gods judgements are just , and that no man is able to save where he will punish : since my remembrance this place hath been nothing else but a Den of Whore mongers : It is incredible to believe how many wives have been adulterate , and virgins deflowred by the filthy beasts which have been fostered in this den ; but especially by that wicked man who is called the Bishop . If all men knew as much as I , they would praise God , and no man would be offended . This woman dwelt in the Towne nigh to the Abbey . At whose words were many pacified , affirming with her , That it was Gods just Judgement . And assuredly if the labours or travell of any man could have saved that place , it had not been at that time destroyed : for men of greatest estimation laboured with all diligence for the safety of it . While these things were done at Saint Iohnston , the Queen fearing what should follow , determined to send certain Bands of French Souldiers to Sterlin , of purpose to stop the passage to us that then were upon the North side of Forth . Which understood , the Earle of Argyle and Lord Iames departed secretly in the night , and with great expedition preventing the French , they took the Towne ( before whose coming the rascall multitude put hands on the thieves , I should say Friers places , and utterly destroyed them ) whereat the Queen and her Faction not a little afrayed , with all diligence departed from Edinburgh to Dumbar . And so we with reasonable diligence marched forward to Edinburgh , for Reformation to be made there ; where we arrived the 29 of June . The Provest for that time , the Lord Seaton , a man without God , without honesty , and oftentimes without reason , had before greatly troubled and molested the brethren , for he had taken upon him the protection and defence of the Black and Gray Friers ; and for that purpose did not onely lie himself in one of the Colledges every night , but also constrained the most honest of the Towne to watch those monsters , to their great grief and trouble . But hearing of our sudden coming , he abandoned his charge , and left the spoyl to the poor , who had made havock of all such things as was moveable in those places before our coming , and left nothing but bare walls ; yea , not so much as door or window : whereby we were the lesser troubled in putting order to such places . After that we had deliberate certain dayes what was best to be done , and what order was to be taken for suppressing all Monuments of Idolatry within that Towne , and the places next adjacent , determination was taken to send some Message to the Queen then Regent . For she had bruted ( as her accustomed manner was , by advice of her counsell , ever to forge lies ) that we sought nothing but her life , and a plain revoltment from the lawfull obedience due to our Soveraigne her Authority , as by the Tenour of these Letters may be seen . FRANCIS and MARIE By the Grace of God , King and Qneen of Scots , Doulphin and Doulphinesse of Viennois : To Our loved Lyon King of Armes , &c. Our Sheriffs in that part conjunctly and severally specially constitute , greeting . Forasmuch as our dearest Mother Marie , Queen Dowager Regent of Our Realme , and Lords of our Secret Councell , perceiving the seditious tumult raised by one part of our Lieges , naming themselves , The Congregation ; who under pretence of Religion have put themselves in Armes . And that Our Mother , for satisfying of every mans conscience , and pacifying of the said troubles , had offered unto them to appoint a Parliament to be holden in January next to come ( this was a manifest lie , for this was neither offered , nor by her once thought upon , till we required it ) or sooner , if they had pleased , for establishing of a Universall order in matters of Religion by Our advice , and States of Our Religion , and in the meane time to suffer every man to live at liberty of Conscience without trouble , unto the time that the said order were taken by advise of Our foresaid States . And at last , because it appeareth much to stand upon Our Burrough of Edinburgh , offered in like manner to let the inhabitants thereof chuse what manner of Religion they would set up and use for that time , so that no man might alleadge that he was forced to do against his conscience . Which offer the Queen , Our said dearest Mother was at all times , and yet is ready to fulfill . Neverthelesse the said Congregation being of minde to receive no reasonable offers , hath since by open deed declared , That it is no Religion , nor any thing thereto pertaining that they seek , but onely the subversion of Our Authority , and usurpation of Our Crowne : In manifest witnessing whereof , they daily receive English-men with Messages unto them , and sendeth such like into England : And last of all , have violently intermitted , withtaken , and yet with-holds , the Irons of Our Coyning-House , which is one of the chiefe Points that concerneth Our Crowne : And such like have intromitted with our Pallace of Halyrud-house . Our Will is therefore , &c. That ye passe to the Market Crosse of Our said Burrough of Edinburgh , or any other place within the same , and there by open Proclamation , in Our Name and Authority , command and charge all and sundry persons of the said Congregation , or yet being presently within Our said Borough , other then the inhabitants thereof , that they within six hours next after Our said Charge , depart forth of the same , under the pain of Treason . And as that ye command all and sundry persons to leave their company , and to adhere to Our Authority ; with Certification , That such as do the contrary , shall be reputed and holden as manifest Traytors to Our Crowne . These Letters did not a little grieve us , who most unjustly were accused ; for never a sentence of the Narrative true , except , That we stayed the Irons , and that for just cause ; to wit , Because that daily there was such number of hard-heads printed , that the basenesse thereof made all things exceeding dear ; And therefore we were counselled by the wisest to stay the Irons while further order might be taken . The Queen Regent with all possible diligence posted for her Faction : Master Iames Balfour was not idle in the mean time . The Lords , to purge themselves of these odious crimes , wrote to her a Letter in form as after followeth : PLease your Majestie to be advertised , That it is come to our knowledge , that your Majestie hath set forth by your Letters openly proclaimed , That we , called by name , The Congregation , under pretence and colour of Religion convene together to no other purpose , but to usurp our Soveraignes Authirity , and to invade your person , representing theirs at this present . Which things appeare to have proceeded of sinister information made to your Majestie by our enemies , considering that we never minded such thing , but onely our minde and purpose was and is , To promote and set forth the glory of God , Maintain and defend the true Preachers of his Word , And according to the same abolish and put away Idolatry and false abuses which may not stand with the said Word of God. Beseeching your Majestie to beare patiently therewith , and interpose your Authority to the furtherance of the same , as is the duty of every Christian Prince , and good Magistrate . For as to the obedience of our Soveraignes Authority in all Civill and Politick matters , we are and shall be as obedient , as any other your Majesties subjects within the Realme . And that our convention is for no other purpose , but to save our Preachers and their auditors from the injury and violence of our enemies : Which should be more amply declared by some of us in your Majesties presence , if ye were not accompanied with such as have pursued our lives , and sought our blood . Thus we pray Almighty God to save your Highnesse in his eternall tuition . At Edinburgh the 2 of Iuly , 1559. And for further purgation hereof , it was thought necessary that we should simply expose as well to her Majesty , as to the whole people what were our requests and just petitions : And for that purpose after that safe-Conduct was purchased and granted , we directed unto her two grave men of counsell , to wit , the Lairds of Pittarrow and Cuninghamehead , to whom we gave commission and power , first to expose our whole purpose and intent , which was no other then before , at all times we had required ; to wit , First , That we might enjoy the liberty of conscience . Secondly , That Christ Jesus might be truely preached , and his holy Sacraments rightly ministred unto us . Thirdly , That unable Ministers might be removed from Ecclesiasticall Administration : And that our Preachers might be relaxed from the Horne , and permitted to execute their charges , without molestation unto such as either by a generall Councell lawfully convened , or by a Parliament within the Realme the controversies in Religion were decided . And for declaration that her Majestie was hereto willing that the Bands of French-men , who then were a burden intolerable to the Countrey , and to us so fearfull , that we durst not in peaceable and quiet manner haunt the places where they did lie , should be sent to France their native Countrey : Which things granted , Her Majestie should have experience of our accustomed obedience . To these Heads she did answer at the first so pleasantly , that she put both our Commissioners in full esperance that all should be granted , and for that purpose she desired to speak with some of greater Authority ; promising , That if they would assure her of their dutifull obedience , that she would deny nothing of that which was required . For satisfaction of her minde , we sent again the Earle of Glencarne , the Lord Ruthwen , the Lord Uchiltrie , and the said Laird of Pittarrow , with the same Commission as before . But then she began to handle the matter more craftily , complaining that she was not sought in a gentle manner . And that they in whom she had put most singular confidence , had left her in her greatest need . And such other things pertaining nothing to the Commission , she proposed to spend and drive the time . They answered , That by unjust tyrannie devised against them and their brethren ( as her Majestie did well know ) they were compelled to seek the extreame remedie , and therefore that her Majestie ought not to wonder though godly men left the company , where they neither found fidelity nor trueth . In the end of this communing ; which was the twelfth day of July 1559. She desired to have talked privately with the Earle of Argyle and Lord Iames , Prior of S. Andrews ; for else ( as she alleadged ) she could not but suspect that they pretended to some other higher purpose then Religion . She and her crafty Counsell had abused Duke Hamilton , perswading him and his friends , That the said Earle and Lord Iames had conspired , first to deprive our Soveraigne her daughter of her authority , and thereafter the Duke and his Successors of their pretended Title to the Crowne of Scotland . By these invented lyes she inflamed the hearts of many against us , insomuch that some of our own number began to murmure . Which perceived , as well the Preachers in their publike Sermons , as we our selves by our publike Proclamation , gave purgation and satisfaction to the people , plainely and simply declaring what was our purpose , taking God to witnesse , That no such crimes were ever entred into our hearts , as most unjustly was laid to our charge . The Counsell after consultation , thought not expedient that the said Earle and Lord Iames should talke with the Queen in any sort ; for her former practises put all men in suspition , That some deceit lurked under such coloured communing . She had before said , That if she could by any meane sunder these two from the rest , she was assured shortly to come by her whole purpose . And one of her chiefe Counsell in those dayes ( and we feare but too inward with her yet ) said , That ere Michaelmas day they two should lose their heads ; and therefore all men feared to commit two such young plants to her mercy and fidelity . It was therefore finally denied that they should talk with the Queen , or any appertaining to her , but in places void of all suspicion , where they should be equall in number with those that should talk with them . The Queen perceiving that her craft could not prevaile , was content that Duke Hamilton , and that Earle of Huntley , with others by her appointed , should convene at Preston , to Commune with the said Earle and Lord Iames , and such others as the Lords of the Congregation would appoint , to the number of an hundred on each side : Of the which number , eight persons onely should meet for conference . The principals for their party , were the Duke , and Earle Huntly , the Lords Erskin and Somerwell , M. Gawin Hamilton , and the Justice Clerk. From us were directed the Earles of Argyle and Glencarne , the Lords Ruthuen and Lord Iames , Boyde and Uchiltrie , the Lairds Dun and Pittarrow . Who Convening at Preston , spake the whole day without any certaine conclusion : For this was the practise of the Queen and of her faction , By drift of time to weary our company , who for the most part , had been upon the fields from the tenth day of May : That we being dispersed , she might come to her purpose , in which she was not altogether deceived : For our Commons were compelled to scatter for lack of expences : And our Gentlemen partly constrained by lack of furnishing , and partly hoping some finall appointment , after so many Communings , returned for the most part to their dwelling places , for reposing of themselves . The Queen in all those Conventions seemed that she would give liberty to Religion ; Provided , That wheresoever she was , our Preachers should cease , and the Masse should be maintained . We perceiving her malicious craft , answered , That as we would compell her Majestie , to no Religion ; so could we not in conscience , for the pleasure of any earthly treasure , put silence to Gods true Messengers : neither could we suffer that the right administration of Christs true Sacraments should give place to manifest Idolatry , for in so doing we should declare our selves enemies to God , to Christ Iesus his Son , to his eternall Veritie , and to the libertie and establishment of his Church within this Realme : For your request being granted , There can no Church within the same be so established , but at your pleasure , and by your residence and remaining there , ye might overthrow the same . This our last answer we sent unto her with the Lord Ruthuen and Laird of Pittarrow , requiring of her Majestie in plaine words , to signifie unto us , What hope we might have of her favour towards the upsetting of Religion ? We also required , That she would remove her French-men , who were a feare to us , and a burden most grievous to our Countrey ; and that she would promise to us in the word of a Prince , That she would procure no man to be sent in . And then should we not onely support to the uttermost of our powers to furnish Ships and Victuals for their transporting , but also upon our honours should we take her body into our protection . And should promise , in the presence of God and the whole Realme , to serve our Soveraigne her daughter , and her Majestie Regent , as faithfully and as obediently , as ever did we Kings within Scotland . That moreover we should cause our Preachers give reason of their Doctrine in her audience to any that pleased to impugne any thing that they did or taught . Finally , That we should submit our selves to a lawfull Parliament . Provided that the Bishops , as the partie accused and our plaine enemies , should be removed from judgement . To no point would she answer directly , but in all things she was so generall and so ambiguous , that her craft appeared to all men . She had gotten assured knowledge that our company was scattered ( for her French-men were daily amongst us , without molestation or hurt done unto them ) and therefore she began to disclose her minde , and said , The Congregation hath reigned these two moneths past ; Me my selfe would reigne now other two . The malice of her heart being plainely perceived , deliberation was had what was to be done . It was concluded , That the Lords , Barons , and Gentlemen , with their chiefe domesticks , should remaine in Edinburgh that whole Winter , for establishing of the Church there . And because it was found , That by the corrupting of our Money the Queen made to her selfe immoderate gaines , for maintaining of her Souldiers , to the destruction of the whole Common-wealth : It was thought necessary , That the Printing yrons , and all things pertaining should be stayed , for feare that she should privily cause to transport them to Dumbar . In this mean time came assured word , first , That the King of France was hurt , and after that he was dead . Which albeit it ought to have put her in minde of her own estate and wicked enterprises : for he that same time in the fulnesse of his glory ( as she her selfe used to speak ) had determined most cruell persecution against the Saints of God in France , even as she her selfe was here persecuting in Scotland : and yet he so perished in his pride , That all men might see that Gods just vengeance did strike him , even when his iniquity was come to full ripenesse . Albeit we say , That this wonderous work of God in his sudden death , ought to have danted her fury , and given unto her admonition , That the same God could not suffer her obstinate malice against his Truth , long to be unpunished : Yet could her indurate heart nothing be moved to Repentance ; for hearing of the staying of the Printing yrons , she raged more outragiously then before , and sending for all such as were of her faction , exposed her grievous complaint , aggravating the same with many lies , to wit , That we had declared that which before she suspected : For what could we mean else but usurpation of the Crown , when we durst put hands to the Coining-house , which was a portion of the patrimonie of the Crown . She further alleadged , That we had spoiled the Coining-House of great sums of money . To the which we answered , both by our Letters sent to her and her Counsell , and by publike Proclamation to the people , That we without usurpation of any such thing , justly appertaining to the Crown of Scotland , did stay the Printing yrons , in consideration that the Common-wealth was greatly hurt by corrupting of our money . And because we were born Counsellers of this Realm , sworn to procure the profit of the same , we could do no lesse of dutie and of conscience , then to stay that for a time , which we saw so abused , That unlesse remedy were found , should turn to the utter detriment of the whole body of this Realme . And as to her false accusation of spoil , we did remit us to the conscience of M. Robert Richeson , master of the Coining-house , who from our hands received silver , gold , and mettall , as well Coined as un-Coined , so that with us there did not remain the value of a Bawbee , or Farthing . This our Declaration and purgation notwithstanding , she , partly by her craft and policie , and partly by the labours of the Bishops of Saint Andrews and Glasgow , procured the whole number that were with her , to consent to pursue us with all cruelty and expedition , before that we could have our company ( which then was dispersed for new furnishing ) assembled again . The certaintie hereof coming to our knowledge the Saturday at night , being the 25 of July , we did what in us lay to give advertisement to our brethren : but impossible it was that the Wast , Angus , Mernes , Straitherne or Fyfe , in any number could come to us . For the enemie Marched from Dumbar upon the Sunday , and approached within two miles of us before Sun-rising upon Munday . For they verily supposed to have found no resistance , being assured that the Lords onely with certain Gentlemen remained with their private houses : calling upon God for counsell in that straight , we sought what was the next defence . We might have left the Town , and might have retired our selves without any danger , but then we should have abandoned our brethren of Edinburgh , and suffered the Ministery thereof to have decayed ; which to our hearts was so dolorous , that we thought better to hazard the extremitie then so to do . For then the most part of the Town appeared rather to favour us then the Queens faction , and did offer unto us the uttermost of their support , which for the most part they did faithfully keep . The same did the Town of Leith , but they kept not the like fidelity . For when we were upon the field , marching forward for their support ( for the French marched nigh to them ) they rendred themselves without further resistance . And this they did , as is supposed , by the treason of some within themselves , and by perswasion of the Laird of Lestarrig , who before declared himselfe to be one of us ; and notwithstanding that same day rendred himselfe undesired to Monsieur Dosell . Their unprovided and sudden defection astonished many , and yet we retired quietly to the side of Cragingate , which place we took for resisting the enemy . In the mean time divers mediatours passed betwixt us , amongst whom the Lord Ruthuen for our part was principall . Alexander Erskin did much travell to stay us and our Souldiers , that we should not joyne with them of Leith , till that they , as is said , had rendred themselves to the French. The said Alexander did oft promise that the French would stay , provided , That we would not joyne with those of Leith . But after that they were rendred , we heard nothing of him but threatning and discomfortable words . Before it was eight of the clock in the morning , God had given unto us both courage , and a reasonable number to withstand their furie . The Towne of Edinburgh , so many as had subject themselves to discipline , and divers others besides them , behaved themselves both faithfully and stoutly . The Gentlemen of Lowthiane , especially Calder , Hatton , and Ormeston , were very comfortable , as well for their counsell as for their whole assistance . Some Gentlemen of Fyfe prevented the French-men , other were stopped by reason that the French had passed Leith . Alwayes the enemy took such a fear , That they determined not to invade us where we stood , but took purpose to have passed to Edinburgh , by the other side of the water of Leith : and that because they had the Castle to their friend , which was to us unknown , for we supposed the Lord Erskin , Captain of the same , either to have been our friend , or at least to have been indifferent . But when we had determined to fight , he sent word to the Earle of Argyle , to Lord Iames , his sisters son , and to the other Noble-men , That he would declare himselfe , both enemy to them and to the Town , and would shoot at both , if they made any resistance to the French-men to enter into the Town . This his treasonable defiance sent us , by the Laird of Ricarton did abate the courage of many , for we could not fight , nor stop the enemy , but under the mercy of the Castle and whole Ordnance thereof . Hereupon was consultation taken , and in conclusion , it was found lesse damage to take an appointment , albert the Conditions were not such as we desired ; then to hazard battell betwixt two such enemies . After long talking , certaine heads were drawn by us , which we desired to be granted . First , That no member of the Congregation should be troubled in life , lands , goods or possessions , by the Queen her Authority , nor any other justice within the Realm , for any thing done in the late Innovation , till a Parliament ( which should begin the tenth of Ianuary ) had decreed things in controversie . 2. That Idolatry should not be erected , where it was at that day suppressed . 3. That the Preachers and Ministers should not be troubled in their Ministery where they are already established , neither yet stopped to preach wheresoever they should chance to come . 4. That no Bands of men of War should be laid in Garrison within the Town of Edinburgh . 5. That the French-men should be sent away at a reasonable day ; and that none other should be brought into the Countrey without consent of the whole Nobility and Parliament . But these our Articles were altered , and another forme disposed , as followeth . At the Linkes of Leith , the 24 of July , 1559. It is appointed in manner following : IN the first Congregation and their company , others then the inhabitants of the said Towne , shall remove themselves forth of the said Town the morrow at ten hours before noon the 25 of Iuly , and leave the same void and rid of them and their said company conform to the Queens Majesties pleasure and desire . Item , The said Congregation shall cause the Irons of the Coyning-house taken away by them , be rendred and delivered to Master Robert Richeson ; And likewise the Queens Majesties Palace of Halyrud-house to be left , and rendred again to M. John Balfour , or any other , having her Majesties sufficient power in the same matter , as it was resolved ; and that betwixt the making of these Articles , and the morn at ten of the clock . For observing and keeping of these two Articles above written , the Lord Ruthuen , and the Laird of Pittarrow have entred themselves pledges . Item , The said Lords of the Congregation , and all the members thereof , shall remain obedient subjects to our Lord and Ladies Authority , and to the Queen Regent in their place ; And shall obey all Laws , and laudable Customs of this Realme , as they were used before the moving of this tumult and controversie , excepting the cause of Religion , which shall be hereafter specified . Item , The Congregation , nor any of them , shall not trouble or molest a Church-man by way of deed , nor yet shall make them any impediment in the peaceable brooking , enjoying , and uptaking of their Rents , Profits , and Duties of their Benefices , but that they may freely use and dispose upon the same , according to the Laws and Custome of this Realme , to the tenth of Ianuary next to come . Item , The said Congregation , nor none of them , shall use in no wayes from thenceforth any force or violence in casting downe of Churches , Religious places , or apparell thereof , but the same shall stand harmlesse of them , unto the tenth day of January . Item , The Town of Edinburgh shall without compulsion use and chuse what Religion , and manner thereof they please , to the said day ; so that every man may have freedom to use his owne conscience to the day aforesaid . Item , The Queen shall not interpose her Authority to molest or trouble the Preachers of the Congregation , nor their Ministry ( to them that please to use the same ) nor no other of the said Congregation , in their bodies , lands , goods , or possessions , Pensions , or whatsoever other kinde of goods they possesse ; nor yet suffer the Clergie , or any other , either Spirituall or Temporall Iurisdiction to trouble them in any manner of sort , privately or openly , for the cause of Religion , or any other action depending thereupon , to the said tenth day of Ianuary within written ; and that every man in particular live in the mean time according to his own conscience . Item , That no men of War , French nor Scots , be laid in daily Garrison within the Town of Edinburgh , but to repair thereto to do thsir lawfull businesse , and thereafter to retire them to their Garrisons . This alteration in words , and Order was made without knowledge and consent of those whose counsell we had used in all such causes before : For some of them perceiving we began to faint , and that we would appoint with unequall conditions , said , God hath wonderously assisted us in our greatest dangers : He hath stricken fear in the hearts of our enemies , when they supposed themselves most assured of Victory : Our case is not yet so desperate , that we need to grant to things unreasonable and ungodly ; which if we do , it is to be feared , That things shall not so prosperously succeed as they have done heretofore . When all things were communed and agreed upon by mid persons , the Duke , and the Earle of Huntlie , who that day were against us , desired to speake with the Earles of Argyle and Glencarne , the Lord Iames , and others of our party ; who obeying their requests , met with them at the Quarrell holes betwixt Leith and Edinburgh , who in conclusion promised to our Lords , That if the Queen brake to us any one jot of the Appointment then made , that they should declare themselves plain enemies to her , and friends to us . As much promised the Duke that he would do , in case that she would not remove her French-men at a reasonable day ; for the oppression which they did was manifest to all men . This Appointment made and subscribed by the Duke , Monsieur Dosell and the Earle of Huntlie , the 25 of July , we returned to the Towne of Edinburgh , where we remained till the next day at noon , when after Sermon , dinner , and Proclamation made at the Market Crosse , in forme as followeth , we departed . Forme of the Proclamations . FORASMUCH as it hath pleased God that Appointment is made betwixt the Queen Regent and us the Lords Protestants of this Realme ; We have thought good to signifie unto the chief Heads of the Appointment ; which be these : First , That no member of the Congregation shall be troubled in life , lands , goods , or possessions by the Queene , by her Authority , nor by any other justice within this Realme , for any thing done in this late Innovation , till that a Parliament hath decided things that be in controversie . Secondly , That Idolatry shall not be erected where it is now at this day suppressed . Thirdly , That the Preachers and Ministers shall not be troubled in the ministration , where they are already established , neither yet stopped to Preach wheresoever they shall happen to travell within this Realme . Fourthly , That no Bands of men of War shall be laid in Garrison within the Town of Edinburgh . The chief Heads of appointment concerning the liberty of Religion , and conservation of our brethren , we thought good to notifie unto you by this Proclamation ; that in case wrong or injury be done by any of the contrary faction , to any member of our Body , complaint may be made unto us , to whom we promise , as we will answer to our God , our faithfull support , to the uttermost of our powers . At this Proclamation , made with sound of Trumpet , were offended all the Papists : for first they alleadged , It was done in contempt of Authority . Secondarily , That we had proclaimed more then was contained in the Appointment . And last , That we in our Proclamation had made no mention of any thing promised unto them . To such murmures we answered , That no just Anthority could think it self contemned , because that the truth was by us made manifest unto all , who otherwise might have pretended ignorance . Secondly , That we had proclaimed nothing which was not finally agreed upon in word and promise betwixt us and those with whom the Appointment was made , whatsoever the Scribes had after written , who in very deed had altered both in words and sentences our Articles , as they were first conceived : And yet if their owne writings were diligeutly examined , the self-same thing shall be found in substance . And last , To proclaim any thing in their favours , we thought it not necessary , knowing that in that behalf they themselves would be diligent enough . And in this we were nothing deceived , for within fifteen days after , there was not a Shaveling in Scotland , to whom Tenths , or any other Rents pertaineth , but he had that Article of the Appointment by heart , That the Church-men should be answered of Tenths , Rents , and all other duties ; and that no man should trouble or molest them . We departing from Edinburgh the 26 of July , came first to Linlithqow , and after to Sterlin , where after consultation , the Band of defence , and maintenance of Religion , and for mutuall defence every one of the other , was subscribed of all that were there present . The tenour of the Bond was thus : WE foreseeing the craft and sleight of our Adversaries , who trie all manner of wayes to circumvient us , and by privy means intend to assayle every one of us particularly , by fair heights and promises , therethrough to separate one of us from another , to our utter ruine and destruction . For remedy thereof , we faithfully and truely binde us in the presence of God , and as we tender the maintenance of true Religion , That none of us shall in time coming passe to the Queen Dowager , to talk or commune with her , for any Letter or Message sent by her unto us , or yet to be sent with consent of the rest , or common consultation thereupon : and how soon that either Message or Writing should come from her unto us , with all diligence we shall notifie the same one to another ; so that nothing shall proceed therein without common consent of us all . At Sterlin the first day of August , 1559. This Band subscribed , and we foreseeing that the Queen and Bishops meant nothing but deceit , thought good to seek ayd and support of all Christian Princes against her tyranny , in case we should be more sharply pursued . And because that England was of the same Religion , and lay next unto us , it was judged expedient first to prove them ; which we did , by one or two Messengers , as hereafter , in its owne place , shall be more amply declared . After we had abided certaine dayes in Sterlin , the Earle of Argyle departed to Glasgow ; and because he was to depart to his owne Countrey ( with whom also passed the Lord Iames ) to pacifie some trouble , which by the craft of the Queen was raised in his absence ; he required the Earle of Glencarne , Lord Boyd , Lord Uchiltrie , and others of Kyle , to meet there , for some order to be taken that the brethren should not be oppressed ; which with one consent they did , and appointed the tenth of September for the next convention at Sterlin . While these things were in doing at Glasgow , Letters and a servant came from the Earle of Arran , to the Duke his father , signifying unto him , That by the providence of God he had escaped the French Kings hands , who most treasonably and most cruelly had sought his life , or at the least to have committed him to perpetuall prison : For the same time the said French King , seeing he could not have the Earle himself , caused put his younger brother , a childe of such age as could not offend , in strait prison , where he yet remained , to wit , in the Month of October , the yeer of our Lord 1559. Which things were done by the power and craft of the Queen Dowager , at the time that the Duke and his friends were most ready to set forth her cause . These Letters received , and the estate of her two sons knowne , of whom one was escaped , and the other cast in vile prison , the Duke desired communing with the said Earle of Argyle ; who partly against the will of some that loved him , rid unto the Duke from Glasgow to Hammilton , where abiding a night , he declared his judgement to the Duke , and to his friends , especially to Master Gawane Hammilton . The Duke required him and the Lord Iames to write their friendly and comfortable Letters to his son ; which they most willingly did , and thereafter addressed them to their journey . But the very day of their departing , came one Boutancourt ( from the Queen Regent with Letters , as was alleadged ) from the King and Queen of France , to the Lord Iames , which he delivered with a bragging countenance , and many threatning words : the Tenour of his Letter was this : The King his Letter to the Lord Iames. MY Cousin , I have greatly marvelled when I understood the troubles that are happened in these parts . And yet I more marvell , That ye , in whom I had whole confidence , and who has the Honour to be so neer the Queen my wife , and has received from the late King my Father , from the Queen my wife , and from me such graces and favours that ye should be so forgetfull , as to make your selfe the Head , and one of the principall beginners and nourishers of the tumults and seditions that are seen there : The which because it is so strange to me , and so farre against the profession that ye at all times have made , I cannot well beleeve it . But if it be so , I cannot think but ye have been entised and led thereto by some persons , that have seduced you and caused you commit such a fault as I am assured you repent of already , which will be a great pleasure to me , to the effect I may lose a part of the occasion I have to be miscontent with you ▪ as I will you to understand I am . Seeing you have so far deceived the esperance I had of you and your affection toward God , and the weale of our service , unto the which ye know , ye are as much and more obliged then any other of the Lords there . For this cause , desiring that the matters may be duely amended , and knowing what ye can therein , I thought good on this manner to write unto you , and pray you to take heed to return to the good way , from which ye have declined , and cause me know the same by the effects , That you have another intention then this , which the follies by-past maketh me now to beleeve , doing all that ever ye can to reduce all things to their first estate , and put the same to the right and good obedience that you know to be due unto God and unto me . Otherwise ye may be well assured , that I will put to my hand , and that in good earnest , that you and all they who have done and do as ye do , shall feele ( through your own fault ) that which ye have deserved and merited . Even as I have given charge to this Gentle-man , present bearer , to make you know more largely of my part : for which cause I pray you credit him , even as ye would do my selfe . Praying God , my cousin , to have you in his holy and worthy protection . Written at Paris the 17 day of July 1559. The same Messenger brought also Letters from the Queen our Soveraigne , more sharp and threatning then the former : For her conclusion was ; Vous en sentires la poincture a iamais . His credit was , That the King would spend the Crown of France , if that he were not revenged upon such seditious persons . That he would never have suspected such inobedience , and such defection from his own sister in him . To the which the said Lord Iames answered first by word , and then by writing , as followeth : The Lord Iames his Letter to the King. Sir , MY most humble duty remembred , Your Majesties Letters I received from Paris the 17 of Iuly last , importing in effect , That your Majestie doth marvell that I being forgetfull of the graces and favours shewed me by the King of blessed memorie , your Majesties father , and the Queen my Soveraigne , should declare my selfe head , and one of the principall beginners of these alleadged Tumults and Seditions in these parts , deceiving thereby your Majesties expectation in all times had of me , with assurance , That if I did not declare by contrary effects my repentance , I , with the rest that had put , or yet putteth hand to this Work , should receive that reward , which we had deserved and merited . SIR , It grieves me very heavily that the crime of ingratitude should b● laid to my charge , by your Majestie ; and the rather , Th●t I perceive the same to have proceeded of sinister information of them ( whose part it was not to have reported so , if true service past had been regarded . ) And as touching the repentance , and declaration of the same by certaine effects , That your Majesty desires I shew . My conscience perswades me in these proceedings to have done nothing against God , not the dutifull obedience towards your Majesty , and the Queen my Soveraigne . Otherwise it should not have been to be repented and also amended already , accord●ng to your Majesties expectation of me . But your Majestie being truely informed and perswaded , That the thing which we have done , maketh for the advancement of Gods glory , without any manner of derogation to your Majesties due obedience ; We doubt not but your Majestie shall be well contented with our proceedings , which being grounded upon the commandment of the eternall God , we dare not leave the same unaccomplished , onely wishing and desiring , your Majestie did know the same , and the truth thereof , as we were perswaded in our consciences , and all them that are truly instructed in the eternall Word of our God , upon whom we cast our care from all dangers that may follow the accomplishment of his eternall will , and to whom we commend your Majestie , beseeching him to illuminate your heart with the Gospel of his eternall Truth , to know your Majesties duty towards your poore Subjects , Gods chosen people , and what you ought to crave justly of them againe : for then we should have no occasion to feare your Majesties wrath and indignation , nor your Majesties suspition in our inobedience . The same God have your Majestie in his eternall saveguard . At Dunbartane the 12 of August 1559. This answer directed to the Queen our Soveraigne , and Francis her husband , the Queen Dowager received , and was bold upon it , as she might well enough , for it was supposed , That the former Letters were forged here at home in Scotland . The answer read by her , she said , That so proud an answer was never given to King , Prince , nor Princesse . And yet indifferent men , thought that he might have answered more sharply , and not have transgressed modesty nor trueth : For where they burden him with the great benefits which of them he had received , if in plain words he had purged himselfe ; affirming , That the greatest benefit that ever he received of them , was to spend in their service , that which God by others had provided for him ; no honest man would have accused him , and no man could have been able to have convinced him of a lye ; But Princes must be pardoned to speak what they please . For the comfort of the brethren , and continuance of the Church in Edinburgh , was left there our deare brother Iohn Willock ▪ who for his faithfull labours and bold courage in that battell , deserves immortall praise . For when it was found dangerous that Iohn Knox , who before was elected Minister to the Church , should continue there : the brethren requested the said Iohn Willock to abide with them , lest that for lack of Ministers , Idolatry should be erected up again . To the which he so gladly consented , That it might evidently appeare , that he preferred the comfort of his brethren and the continuance of the Church there to his own life . One part of the French-men were appointed to lye in Garison at Leith , ( that was the first benefit which they gate for their confederacie with them ) the other part were appointed to lye in the Canon-gate , the Queen and her train abiding in the Abbey . Our brother Iohn Willock the day after our departure preached in S. Giles Church , and fervently exhorted the brethren to stand constant to the Truth which they had professed . At this , and some other Sermons was the Duke , and divers other of the Queens faction . This liberty of Preaching , and resort of all people thereto did highly offend the Queen and the other Papists . And first they began to give terrours to the Duke , affirming , That he would be reputed as one of the Congregation , if he gave his presence to the Sermons . Thereafter they began to require , That Masse might be set up again in S. Giles Church , and that the people should be set at liberty to chuse what Religion they would . For that said they was contained in the appointment , That the Town of Edinburgh should chuse what Religion they listed . For obtaining hereof were sent to the Town the Duke , the Earle of Huntly , and the Lord Seaton , to solicite all men to condiscend to the Queens minde , wherein the two last did labour what they could , the Duke not so , but as a beholder , of whom the brethren had good hope , and after many perswasions and threatnings made by the said Earle and Lord , the brethren stoutly and valiantly in the Lord Jesus , gain-said their most unjust Petitions . Reasoning , That as in conscience they might not suffer Idolatry to be erected , where Christ Jesus was truely Preached ; so could not the Queen nor they require any such thing , unlesse she and they would plainely violate their Faith , and chiefe Article of the appointment . For it is plainely appointed , That no member of the Congregation shall be molested in any thing ; That at the day of the appointment they peaceably possessed . But so it was , That we the brethren and Protestants of the Town of Edinburgh , with our Ministers the day of the appointment , did peaceably enjoy Saint Giles Church , appointed us for Preaching of Christs true Gospel , and right ministration of his holy Sacraments . Therefore without manifest violation of the appointment , you cannot remove us therefrom , untill a Parliament have decided the Controversie . This answer given , the whole brethren departed , and left the foresaid Earle , and Lord Seaton , then Provest of Edinburgh , still in the Tolbuith . Who perceiving that they could not prevaile in that manner , began to entreat that they would be quiet , and that they would so far condiscend to the Queens-pleasure , as that they would chuse them another within the Town , or at the least be content that Masse should be said , either after or before their Sermon . To the which , answer was given ; That to give place to the devil ( who was the chiefe Inventer of the Masse ) for the pleasure of any creature , they could not . They were in possession of that Church which they could not abandon , neither yet could they suffer Idolatry to be erected in the same , unlesse by violence they should be constrained so to do . And then they were determined to seek the next remedy . Which answer received , the Earle of Huntly did lovingly intreat them to quietnesse , faithfully promising , That in no sort they should be molested , so that they would be quiet , and make no farther uproare . To the which they were most willing , for they sought onely to serve God , as he had commanded , and to keep their possession , according to the appointment : which by Gods grace they did , till the moneth of November , notwithstanding the great boasting of the enemy . For they did not onely convene to the Preaching , daily suppl●cations and administration of Baptisme , but also the Lords Table was ministred , even in the eyes of the very enemy , to the great comfort of many afflicted consciences , and as God did strongly work with his true Ministers , and with his troubled Church : so did not the devil cease to inflame the malice of the Queen , and of the Papists with her . For that after her coming to the Abbey of Halyrud-house , she caused Masse to be said first in her own Chappell , and after in the Abbey where the Altars before were cast down . She discharged the Common-Prayers , and forbade to give any portion to such as were the principall young men who read them . Her malice extended in like manner to Cambu●kenneth , for there she discharged the portions of as many of the Canons as had forsaken Papistry : She gave commandment and inhibition , that the Abbot of Lyndors should be answered of any part of his living in the North , because he had submitted himselfe to the Congregation , and had put some Reformation to his place : By her consent and procurement was the Preachers Chaire broken in the Church of Leith , and Idolatry was erected in the same , where it was before suppressed . Her French Captains , with their Souldiers in great companies , in time of Preaching and Prayers resorted to Saint Giles Church in Edinburgh , and made their common deambulation therein with such loud talking , as no perfect audience could be had . And although the Minister was there-through oft times compelled to cry out on them , Praying to God to rid them of such Locusts , they neverthelesse continued still in their wicked purpose devised and ordained by the Queen , to have drawn our brethren of Edinburgh and them in cumber , so that she might have had any coloured occasion to have broken the League with them . Yet by Gods grace they behaved themselves so that she could finde no fault in them , albeit in all these things before-named , and in every one of them she is justly accounted to have gaine-said the said appointment . We passe over the oppressing of our brethren in particular , which had been sufficient to have proved the appointment to have been plainly violated . For the Lord Seaton , without any occasion offered unto him , brake a chase upon Alexander Whitlam , as he came from Preston , accompanied with M. William Knox , towards Edinburgh , and ceased not to pursue him , till he came to the Towne of Ormeston . And this he did , supposing that the said Alexander had been Iohn Knox. In all this mean time , and while that moe French-men arived , they are not able to prove that we brake the appointment in any jote , except that a horned Cap was taken off a proud Priests head , and cut in four quarters , because he said , He would wear it in despight of the Congregation . In this mean time , the Queen , then Regent , knowing assuredly what force was shortly to come unto her , ceased not , by all meanes possible to cloke the in-coming of the French , and to inflame the hearts of our Countrey-men against us . And for that purpose she first wrote unto Duke Hamilton , in forme , as followeth . The Queen Regents false flattering Letter to Duke Hamilton . MY Lord and Cousin , after hearty commendations , We are informed that the Lords of the West-land Congregation intend to make a Convention and assembly of your kin and friends upon Gowan Moore , besides Glasgow , on Munday come eight dayes , the 28 day of August instant , for some high purpose against us , which we can scantly believe , considering they have no occasion on Our part so to do . And albeit we know the Appointment was made against and without Our advise , yet we accepted the same at your desire , and have since made no cause , whereby they might be moved to come in the contrary thereof . Like as we are yet minded to keep firme and stable all things promised by you in Our behalfe . We thinke on the other part , it is your duty to require them , that they violate not their part thereof in no wise . And in case they mean any evil towards Us , and so will break their promise , We believe ye will at the uttermost of your power convene with us , and compell them to do that thing which they ought , if they will not ; praying you to have your self , your kin and friends , in readinesse to come to us , as ye shall be advertised by Proclamation , in case the Congregation assemble themselves for any purpose against Us , or the Tenour of the said Appointment : Assuring you , without they gather , and give first occasion , We shall not put you to any pains in that behalf . And that you advertise Us by writ what we may trust to herein by this Bearer , who will shew you the fervent minde we bear to have good concord with the said Congregation , what offers We have made them , and how desirous we are to draw them to the obedience of Our Soveraignes Authority , to whom you shall give credit : and God keep you . At Edinburgh the tenth of August , 1559. The like Letter she wrote to every Lord , Baron , and Gentleman , of this Tenour . The Queen Regents Letter to the Barons . TRusty friend , after hearty commendations , We doubt not but you have heard of the Appointment made beside Leith , betwixt the Duke , the Earle of Huntlie , and Monsieur Dosell , on the one part ; And the Lords of the Congregation , on the other part : Which Appointment We have approved in all points , albeit it was taken without Our advise , and is minded to observe and keep all the contents thereof for Our part . Neverthelesse , as We are informed , the Lords of the Congregation intend shortly to convene all such persons as will assist them , for enterprising of some high purpose against Us , Our Authority , and Tenour of the said Appointment ; which we cannot believe , seeing they neither have , nor shall have any occasion given thereto on Our part . But in case against all reason they should mean any such thing , We have thought it good to give warning to Our speciall friends of the advertisement We have gotten ; and amongst the rest , to you , whom We esteem of that number , praying you to have your self , your kin and folks in readinesse to come to Us , and so forth , as in the other Letter above sent to the Duke , word by word . After that by these Letters , and by the decitfull surmising of her soliciters , she had somewhat stirred up the hearts of the people against us , then she began openly to complain , That we were of minde to invade her Person , That we would keep no part of the Appointment , and therefore she was compelled to crave assistance of all men , against our unjust pursuit . And this practise she used , as before is said , to abuse the simplicity of the people , that they should not suddenly espie for what purpose she brought in her new bands of men of War , who did arrive about the midst of August , to the number of 1000 men : The rest were appointed to come after with Monsieur de la Brosse , and with the Bishop of Ammians , who arrived the nineteenth day of September following , as if they had been Ambassadours : But what was their Negotiation , the effect did declare , and they themselves could not long conceal ; for by both tongue and pen they uttered , That they were sent for the extermination of all those that would not professe the Papist call Religion in all points . The Queens practise and craft could not blinde the eyes of all men , neither yet could her subtilty hide her owne shame , but that many did espy her deceit ; and some spared not to speak their judgements liberally , who foreseeing the danger , gave advertisement , requiring that provision might be found , before that the evil should exceed our wisedome and strength to put fit remedy to it : For prudent men foresaw , That she pretended a plain conquest ; but to the end that the people should not suddenly stir , she would not bring in her full force at once ( as before is said ) but by continuall traffique purposed to augment her Army , so that in the end we should not be able to resist . But the greatest part of the Nobility , and many of the people , were so enchanted by her treasonable soliciters , that they would not hear nor credit the truth plainly spoken . The French then after the arriving of their new men , began to brag : then began they to divide the Lands and Lordships according to their owne fantasies ; for one was stiled , Monsieur de Argyle ; another , Monsieur le Prior ; the third Monsieur de Ruthwen ; y●a , they were assured , in their own opinion , to possesse whatsoever they listed ; so that some asked for the Rentalls and Revenues of divers mens lands , to the end that they might chuse the best : And yet in this mean time she was not ashamed to set out a Proclamation in this form : A Proclamation set forth by the Queen Regent , to blinde the vulgar People . FOrasmuch as We understand that certain seditious persons have of malice invented and blown abroad divers rumours and evill brutes , intending thereby to stir up the hearts of the people , and so to stop all manner of reconciliations betwixt us and our subjects being of the number of the Congregation , and consequently to kindle and nourish a continuall strife and division within this Realme , to the manifest subversion of the whole State thereof ; And amongst other purposes , have maliciously devised for that effect , and have perswaded too many , That We have violated the Appointment lately taken , in so far as any more French men since came in , and that we do minde to draw in great Forces of men of War forth of France , to suppresse the Liberty of this Realm , oppresse the inhabitants thereof , and make up strangers with their lands & goods . Which reports are all ( God knoweth ) most vain , fained , and untrue : For it is of truth , That nothing hath been done on our part since the said Appointment , whereby it may be alleadged that any part thereof contravened ; nor yet was at that time any thing commoved or concluded to stop the sending in of French-men , as may clearly appear by inspection of the said Appointment , which the Bearer hereof hath present to shew . Whatsoever number of men of War be arrived , We have such regard to Our honor , and quietnesse of this Realm , that in case in the room of every French-man that is in Scotland , there were an hundred at our command , yet should not for that any jot that is p●omised be broken , or any alteration made by our provocation , but the said Proclamation truely and surely should be observed in every point . If the said Congregation will in like manner faithfully keep their part thereof : Nor yet mean we to trouble any man in the peaceable possession of their goods , & rooms : Nor yet to enrich the Crowne , and far lesse any strangers , with your substance ; for Our dearest son and daughter the King and Queen , are by Gods provision placed in the room where all men of judgement may well consider they have no need of any mans goods . And for Our Self , we seeking nothing but dutifull obedience unto them , such as good subjects ought to give to their Soveraigne , without diminution of your liberties and priviledges , or alteration of your Laws . Therefore We have thought good to notifie unto you Our good minde foresaid , and desire you not to give ear nor credit to such vain imaginations , whereof , before God , no part entered in our conceit , nor suffer your selves be thereby led from your due obedience , assuring you , ye shall ever finde with Us truth in promise , and a motherly love towards all you , behaving your selves as Our obedient subjects . But of one thing We give you warning , That whereas some Preachers of the Congregation in their publike Sermons speak irreverently and slanderously , as well of Princes in generall , as of Our Selfe in particular , and of the obedience of higher Powers , inducing the people by that part of their Doctrine , to defection from their duty ; which pertaineth nothing to Religion , but rather sedition and tumult , things direct quite contrary to Religion . Therefore We desire you to take order in your Towns and bounds , that when the Preachers repair thither , they use themselves more modestly in these behalfs , and in their Preaching not to meddle so much with Civill Policy , and Publike Government , nor yet name Us , or other Princes , but with reverence , otherwise it will not be suffered . And seeing you have presently the Declaration of Our Intention , We desire likewise to know what shall be your part to Us , that We may understand what to trust for at your hands , whereof we desire a plain Declaration in writing with this Bearer , without delay . At Edinburgh the 28 of August , 1559. This Proclamation she sent by her Messengers thorow all the Countrey , and had her solicitors in all parts , who painfully travelled to bring men to her opinion ; amongst whom these were the principall ; Sir Iohn Ballenden , Justice Clerke , Master Iames Balfour , Officiall of Lowthian ; Master Thomas and Master William Scots , sons to the Laird of Balwerie ; Sir Robert Carnegie , and Master Gaw●n Hammilton , who fo● fainting of the brethrens hearts , and drawing many to the Queens fa●tion against their native Countrey , have declared themselves enemies to God , and Traytors to the Common-weal : But above all others ▪ Master Iames Balfour , Official for the time , ought to be abhorred ; for he of an old professor , is become a new denier of Christ Jesus , and manifest blasphemer of his eternal Verity , against his knowledge and conscience , seeking to betray his brethren and native Countrey into the hands of a cruell and unfaithfull Nation . The answer to this former Proclamation was made in forme as followeth . To the Nobility , Burgesse , and Commonty of this Realme of Scotland , the Lords , Barons , and others Brethren of the Congregation , wisheth encrease of all wisedom ; with advancement of the glory of God , and of the Common-wealth . THe love of our native Countrey craveth , the defence of our honours requireth , and the sincerity of our consciences compelleth us ( dear brethren ) to answer in some part to the last Writs and Proclamations set forth by the Q Regent , no lesse to make us and our Cause odious , then to abuse your simplicity , and to work your finall destruction , conspired of old , and now already put to work . And first , where she alleadgeth , That certain seditious persons have of malice invented and blown abroad divers rumors , tending thereby ( as she alleadgeth ) to stir up the hearts of the people to sedition , by reason that the French-men are crept in of late in our Countrey . True it is ( dear brethren ) that all such as bear naturall love to their Countrey , to you their brethren inhabitants thereof , to our houses , wives , children , the esperance of our posterity ; and to be short , To our Common-wealth , and to the ancient Laws and Liberties therof , cannot but in heart lament , and with mouth & tears complain , the most crafty assaults devised and practised , to the utter ruine of all these things forenamed . This is so manifestly gone to work , that even in our eyes , our dear brethren , true members of our Common-wealth , are most cruelly oppressed by strangers ; in so far , as some are banished their owne houses , some robbed and spoiled of their substance purchast by their just labours in the sweat of their brows , some cruelly murthered at the pleasure of these inhumane souldiers , and altogether have their lives in such fear and dread , as if the enemy were in the midst of them ; so that nothing can seem pleasant unto them which they possesse in the bowells of their native Countrey ; so neer judged every man ( and not without just cause ) the practise used upon their brethren , to approach next unto them , their wives , childrens , houses , and substances , which altogether are cast at the feet of strangers men of War , to be by them thus abused at their unbridled lusts desire . Now if it be sedition ( dear brethren ) to complain , lament , and pour forth before God the sorrows and sobs of our dolorous hearts , crying to him for redresse of those enormities ( which elsewhere is to be found ) which altogether do proceed of the unlawfull holding of strange Souldiers over the heads of our brethren . If this to complain be sedition , then indeed ( dear brethren ) can none of us be purged of that crime ; for as in very heart we condemne such inhumane cruelty , with the wicked and crafty pretence thereof , so can we not , nor dare we , neither by mouths speaking , nor yet by keeping silence , justifie the same . Neither do we here aggravate the breaking of the Appointment made at Leith ( which alwayes hath manifestly been done ) but herein we remember what oath we have made to our Common-wealth , and how the duty we ought to the same compelleth us to cry out , That the Queen by wicked and ungodly counsell goeth most craftily about utterly to oppresse the same , and the ancient Lawes and Liberties thereof : As well against the King of France his promise , her own duty , in respect of the high promotions that she hath received thereby : which justly should have caused her to have been in deed , that which she would be called ( and is nothing lesse in verity ) to wit , a carefull mother over this Common-wealth . But what motherly care she hath used towards you , ye cannot be ignorant of . Have ye not been , even from the first entrie of her Reigne , ever smitten and oppressed with unaccustomed and more exorbitant Taxations then ever were used within this Realm ? Yea , and how far was it sought here to have been brought in upon you and your posterity , under colour to have been laid up in store for the wars . The inquisition taken of all your goods , moveable and unmoveable by way of Testament , the seeking of the whole C●ale and Salt of this Realme to have been laid up in store , and in garnell , and she alone to have been Merchant thereof doth teach you by experience some of her motherly care . Again , What favour to our Common-wealth doth she at this instant bear , when even now presently , and of a long time by-gone , by the Ministery of some ( who better deserve the Gallows then ever did Cochran ) she doth so corrupt the good money , and hath brought it to such businesse , and such a deale of strife , that all men that had their eyes open may perceive an extream beggery to be brought there-through upon the whole Realme . So that the whole exchange and traffique to be had with Forraigne nations ( a thing most necessary in all Common-wealths ) shall thereby be utterly extinguished , and all the gaines received thereby is , That she therewith entertaineth strangers upon our heads . For brethren , you know that her money hath served for no other purpose in our Common-wealth this long time bygone . And the impunity of those wicked Ministers ( whom lately we spake of ) hath brought the matter to such a licentious enormitie and plaine contempt of the Common-weale , that now they spare not plainely to break down and convert the good and weighty money Coined in our Soveraignes lesser age into this their corrupted skruife and baggages of Hard-heads and Non-sunts , most like as she and they had conspired to destroy all the whole good Coine of this Realme ; and consequently that part of the Common-weale . Besides all this , their clipped and r●nged Sols which had no passage these three yeers past in the Realme of France are commanded to have course in this Realme , to gratifie thereby her new-come Souldiers , and all these things together are done without the advice or consent of the Nobilitie and Counsell of thi● Realme ; and manifestly there-through against our ancient Laws and Liberties . Thirdly , her last and most weightie proceeding , more fully declareth the motherly care her Majestie beareth to our Common-weale and us , when in time of Peace , without any occasion of Forraigne Wars , thousands of Strangers are laid here and there upon the necks of our poore members of this Common-weale . Their idle bellies fed upon the poore substance of the Commonaltie conquest by their just labours in the painfull sweat of their brows , which to be true , Dumbar , North-Barwick , Travent , Pres●on , Panes , Missilburgh , Leith , Cannongat , Kinghorne , Kirkcaldie , Disert , with the depauperate souls that this day dwell therein can testifie . Whose oppression as doubtlesse it is entred in before the Justice-seat of God , so ought it justly to move our hearts to have pity and compassion upon these our poore brethren , and at our powers to provide remedie for the same . And albeit her strangers had been garnished with money ( as you know well they were not ) yet can there here lying be no wayes but most hurtfull to our Common-wealth , seeing that the fertility of this Realme had never been so plentifull that it was able of any continuance to sustain it selfe and inhabitants thereof , without support of Forraigne Countreys , far lesse able besides the same to sustain thousands of strangers wherewith it is burthened , to the dearthing of all victuals , as the murmure and complaint of Edinburgh this day doth testifie . But to what effect the Common-weale is thus burdened , the end doth declare . For shortly were they brought to the fields against our Soveraigns true Lieges , even us your brethren , who ( God knoweth ) sought nothing else but peace of conscience , under protection of our Soveraigne , and Reformation of these enormities , for no other cause but that we would not renounce the Gospel of Jesus Christ , and subdue our necks under the tyranny of that wicked Man of sin , the Romane Antichrist and his forsworn Shavelings , who at that time most tyrannically oppressed our souls with hunger of Gods true Word , and rest our goods and substances , to waste the same upon their foule lusts and stinking harlots . But ( O dear brethren ) this was not the chiefe pretence and finall scope of her proceedings ( as these dayes do well declare ) for had not God given in our hearts to withstand that oppression , with weapons of most just defence , thou , O Saint Iohnston and Dundie , had been in no better state then your sister of Leith is this day . For though we in very deed ( God is witnesse ) meant then nothing , but in the simplicity of our hearts , the maintenance of true Religion , and safetie of our brethren , Professours of the same , yet lay there another serpent lurking in the brest of our adversaries , as this day ( praise to God ) is plainely opened to all that list to behold , to wit , To bring you and us both under the perpetuall servitude of strangers . For we being appointed , as ye know , touching Religion to be reasoned with all in the Councell , at the day affixed , and no occasion made to break the same on our side ( as is well known ) yet come there forth writings and complaints , That this day and that day we were prepared to invade the Queens person ( when in very truth there was never such thing thought , as the very deed hath declared . ) But because she was before deliberate to bring in French-men to both our destructions , that you should not stir therewith , she made you to understand , That those Bands came onely for safety of her own person . O craft , brethren ! O subtilty ! But behold the end : They are come ( yet not so many , no not the sixth part that she desired and looked for ) and how , not onely with weapons to defend her person , but with wives and children to plant in your native rooms , as they have already begun in the Town of Leith , the principall Port and Staple of this Realm . The gernall and furniture of the Councell , and seat of Justice . And here will they dwell , till they may reinforce themselves with greater number of their fellow-Souldiers , to subdue then the rest , if God withstand not . And yet her Majestie feared nor shamed not to write , if they were a hundred French-men for every one of them that is in Scotland , yet they should harme no man. Tell thou now Leith if that be true ; If this be not a craftie entrie to a manifest conquest fore-thought of old , judge you deare brethren : Thus to fortifie our Towns , and even the principall Port of our Realm , and to lay so strong Garisons of strangers therein , not onely without any consent of the Nobility and Councell of this Realm , but also expresse against their minde ( as our Writ sent to her Majestie beareth record ) if this be not to oppresse the ancient Lawes and Liberties of our Realme , let all wise men say to it . And further , to take the Barne-yards new gathered , the Gernalls replenished , and to sit down therein , and by force to put the just possessours and ancient inhabitants there-from , with their wives , children , and servants to shift for themselves in begging , if they have no other means , they being true Scottish-men , members of our Common-wealth , and our deare brethren and sisters , borne , fostred , and brought up in the bowels of our common and native Countrey , if this be not the manifest declaration of their old pretence , and minde towards the whole Scottish Nation ; let your owne conscience ( brethren ) be judge herein . Was all Leith of the Congregation ? No , I think not , yet were all alike served . Let this motherly care then be tried by the fruits thereof : First , by the great and exorbitant Taxations used upon you , and yet ten times greater pressed at , as ye know . Secondly , the utter depravation of our Coine , to purchase thereby money to entertaine strangers , French Souldiers upon you , and to make them strong holds , lest you should sometime expell them out of your native roomes . Thirdly , by the daily re-inforcing of the said French Souldiers in strength and number , with wives and children , planting in your brethrens houses and possessions . Indeed her Majestie is , and hath been at all times carefull to procure by her craft of fair words , of fair promises , and sometimes of buds to allure your simplicity to that point , to joyn your selves to her Souldiers , to daunt and oppresse us , that you the remnant ( we being cut off ) may be an easie prey to her sleights : Which God of his infinite goodnesse hath now discovered to the eyes of all that list to behold . But credit the works ( deare brethren ) if ye will not credit us , and lay the example of Forreign nations , yea , even of our brethren , before your eyes , and procure not your own ruine willingly . If you tender true Religion , you see how her Majestie beareth her selfe plaine enemy thereto , and maintaineth the tyrannie of those idle bellies the Bishops , against Gods Church : If Religion be not perswaded unto you , yet cast you not away the care you ought to have over your Common-wealth , which you see manifestly and violently ruined before your eyes : If this will not move you , remember your deare wives , children and posterity , your ancient heritages and houses , and think well these strangers will regard no more your right thereunto , then they have done your brethren of Leith , when ever occasion shall serve . But if you purpose ( as we doubt not but that all those that either have wit or manhood will declare and prove indeed ) to brook your ancient roomes and heritages , conquered most valiantly , and defended by your most noble Progenitors , against all strangers , invaders of the same , as the French pretendeth plainly this day , if ye will not be slaves unto them , and to have your lives , your wives , your children , your substance , and whatsoever is dear unto you cast at their feet , to be used and abused at the pleasure of strange Souldiers , as you see your brethrens at this day before your eyes . If you will not have experience some day hereof in your own persons ( as we suppose the least of you all would not gladly have , but rather would chuse with honour to die in defence of his own native roome , then live and serve so shamefull a servitude ) then brethren let us joyn our forces , and both with wit and manhood resist their beginnings , or else our liberties hereafter shall be dearer bought . Let us surely be perswaded , when our neighbours houses be on fire , that we dwell not without danger . Let no man withdraw himselfe herefrom , and if any will be so unhappy and mischievous ( as we suppose none to be ) let us altogether repute , hold and use him ( as he is in deed ) for an enemie to us , and to himselfe , and to his Common-weale . The eternall and omnipotent God , the true and onely revenger of the oppressed , be our comfort and Protectour against the furie and rage of the Tyrants of this world : And especially from the insatiable covetousnesse of the Cardinall of Guyse , and the Hamiltons . Amen . Besides this our publike Letter , some men answered certaine heads of the Queens said Proclamation on this manner . If it be sedition to speak the trueth in all sobriety , and to complaine , when they are wounded , or to call for help against unjust tyrannie before that their throats be cut , then can we not denie , but we are criminall and guilty of tumult and sedition . For we have said , That our Common-weale is oppressed , that we and our brethren are hurt by the tyrannie of strangers , and that we fear bondage and slaverie , seeing that multitudes of cruell murtherers are daily brought into our Countrey without our counsell , knowledge , and consent . We dispute not so much whether the bringing in of moe French-men be violating of the appointment ( which the Queen and her faction cannot deny to be manifestly broken by them in moe causes then one ) as that we would know , if that the heaping of strangers upon strangers , above us , without our counsell or consent , be a thing that may stand with the Liberty of our Realme , and with the profit of our Common-wealth . It is not unknown to all men of judgement , That the fruits of our Countrey , in the most common yeers , be no more then sufficient reasonable to nourish the born inhabitants of the same . But now seeing we have been vexed with wars , taken upon us at the pleasure of France , by the which the most fruitfull portion of our Countrey in Corne hath been wasted . What man is so blinde , but that he may see , That such bands of ungodly and idle Souldiers can be nothing else but an occasion to famish our poore brethren . And in this point we refuse not ( which is the chiefe ) the judgement of all naturall Scottish-men . The Queen Regent alleadged , That although there was an hundred French-men for one that is in Scotland , yet she is not minded to trouble any unjust possession . Whereto we answer , That we dispute not what she intended ( which neverthelesse by probable conjectures it is to be suspected ) but alwayes we affirm , that such a multitude of French-men is a burden not onely unprofitable , but also intolerable to this poor Realme ; especially being treated as they are by her and Monsieur Dosell : For if their wages be paid out of France , then are they both ( the Queen , we say , and Monsieur Dosell ) traytors to the King and Counsell ; for the poor Commons of this Realme have sustained them with the sweat of their brows , since the contracting of the Peace , and somewhat before . What motherly affection she hath declared to this Realm , and to the inhabitants of the same , her works have evidently declared , even since the first hour that she hath borne Authority . And albeit men will not this day see what danger hangs over our heads , yet fear we that ere it be long , experience shall teach some , that we have not feared without cause . The cruell murther and oppression used by those whom now she fostereth , is to us a sufficient argument what is to be looked for when her number is so multiplied , that our force shall not be able to gainstand their tyranny . Where she complaineth of our Preachers , affirming that unreverently they speak of Princes in generall , and of her in particular , inducing the people thereby to defection from their duty , &c. And therefore that such a thing cannot be suffered . Because this occasion is laid against Gods true Ministers , we cannot but witnesse what course and order of Doctrine they have kept , and yet keep in that point . In publike prayers they recommend to God all Princes in generall , and the Magistrates of this our native Realme in particular . In open audience they declare the Authority of Princes and Magistrates to be of God , and therefore they affirm that they ought to be honoured , feared , and obeyed , even for conscience sake ; provided that they command nor require nothing expresly repugning to Gods Commandment and plain Will revealed in his holy Word . Moreover , they affirm , That if wicked persons abusing the Authority established by God , move Princes to command things manifestly wicked , That such as can and do bridle those inordinate appetites of misled Princes , cannot be accused as resistaries of the Authority , which is Gods good Ordinance . To bridle the rage and fury of misled Princes in free Kingdoms and Realms , they affirm it appertaineth to the Nobility , sworn and borne Councellors of the same , and also to the Barons and people , whose votes and consents are to be required in all great and weighty matters of the Common-wealth ; which if they do not , they declare themselves criminall with their misled Princes , and so subject to the same vengeance of God , which they deserve , for that they pollute the seat of Iustice , and do as it were make God author of Iniquity . They proclaim and cry , That the same God who plagued Pharaoh , repulsed Sennacherib , struck Herod with worms , and made the bellies of dogs the grave and sepulcher of the spitefull Jesabell , will not spare misled Princes , who authorize the murtherers of Christs members in this our time . On this manner they speak of Princes in generall , and of your Majesty in particular . This onely we have heard one of our Preachers say , rebuking the vain excuses of such as flatter themselves by reason of Authority ; Many now adayes ( said he ) will have no other Religion nor faith , then the Queen and Authority had : But is it not possible that the Queen be so far blinded , that she will have no Religion , nor no other faith , then may content the Cardinall of Loraine ? And may it not likewise be true that the Cardinall is so corrupt , that he will admit no Religion which doth not establish the Pope in his kingdome ? But plain it is , That the Pope is Lieutenant to Sathan , and enemy to Christ Iesus , and to his perfect Religion . Let men therefore consider what danger they stand in , if their salvation shall depend upon the Queens faith and Religion . Further , we never heard any of our Preachers speak of the Queen Regent , neither publikely nor privately . Where her Majestie declareth , It will not be suffered that our Prerchers meddle with Policy , or speak of her , or of other Princes , but with reverence : we answer , That as we will justifie and defend nothing in our Preachers which we finde not God to have justified and allowed in his Messengers before them ; so we dare not forbid them openly to reprehend that which the Spirit of God , speaking in the Prophets and Apostles , hath reprehended before them . Helias did personally reprove Achab and Jesabell of idolatry , of avarice , of murther , and such like : Esaias the Prophet called the Magistrates of Jerusalem in his time , companions to thieves , Princes of Sodome , bribe-takers , and murtherers ; he complained that their silver was turned into drosse , That their wine was mingled with water , and that Iustice was bought and sold. Jeremie saith , That the bones of King Jehoiakim should wither with the Sun. Christ Iesus called Herod a Fox ; and Paul calleth the high Priest a painted wall , and prayeth unto God that he should strike him , because that against justice he commanded him to be smitten . Now if the like ( and greater ) corruptions be in the world this day , Who dare enterprise to put to silence the Spirit of God , which will not be subject to the appetites of misled Princes . We have said before , That the tenth of September was appointed for a convention to be holden at Sterlin , to the which repaired the most part of the Lords of the Congregation . At that same time arrived the Earle of Arran , who after he had saluted his father , came with the Earle of Argyle and Lord Iames to Sterlin , to the said convention ; in which divers godly men complained of the tyrannie used against their brethren . And especially that more French-men were brought in to oppresse their Country . After the consultation of certain dayes , the principall Lords with my Lord Arran , and the Earle of Argyle past to Hammilton for consultation to be taken with the Duke . And in this mean time came assured word that the French-men had begun to fortifie Leith ; which thing , as it did more evidently discover the Queens craft , so did it deeply grieve the hearts of all the Nobility there , who with one consent agreed to write unto the Queen in form as followeth . At Hammilton the 29 day of September . MAdame , we are credibly informed that your Army of French-men should instantly begin to plant in Leith , and to fortifie the same , of minde to expell the ancient inhabitants thereof , our brethren of the Congregation , whereof we marvell not a little , that your Majestie should so manifestly breake the Appointment made at Leith , without any provocation made by us and our brethren . And seeing the same is done without any manner of consent of the Nobilitie and counsell of this Realme , we esteem the same not onely oppression of our poore brethren , and in-dwellers of the said Towne , but also very prejudiciall to the Common-wealth , and plain contrary to our ancient Laws and Liberties . We therefore desire your Majestie to cause the same work enterprised to be stayed , and not to attempt so rashly and so manifestly against your Majesties promise , against the Common-wealth , ●he ancient Laws and Liberties thereof ( which things , besides the glory of God , are most dear and tender to us , and onely our pretence ) otherwise assuring your Majestie , we will complain to the whole Nobility and Commonalty of this Realme , and most earnestly seek for redresse thereof . And thus recommending our humble service unto your Highnesse , whom we commit to the Eternall Protection of God , expecting earnestly your answer . At Hammilton the day and yeer aforesaid : By your Majesties humble and obedient servitours . This Letter was subscribed with the hands of the Duke , the Earles of Arran , Argyle , Glencarne , and Menteth ; by the Lords Ruthwen Uchiltrie , Boyd , and by divers others Barons and Gentlemen . To this request she would not answer by wret , but with a Letter of credit she sent Sir Robert Carnegie , and Master Danid Borthwike , two , whom amongst many others , she abused , and by whom she corrupted the hearts of the simple . They travelled with the Duke , to bring him again to the Queens Faction : Labrosse and the Bishop of Amians were shortly before arrived , and , as it was bruted , were directed as Ambassadours , but they kept close their whole Commission ; they onely made large promises to them that would be theirs , and leave the Congregation . The Queen did grievously complain , That we had intelligence with England , and the conclusion of their Commission was to solicite the Duke to put in all in the Queens Will , and then she would be gracious enough . It was answered , That no honest men durst commit themselves to the mercy of such throat-cutters as she had about her ; whom if she would remove , and joyn to her a Councell of naturall Scotish-men , permitting the Religion to have free passage , then should none in Scotland be more willing to serve her Majesty then should the Lords and Brethren of the Congregation be . At the same time the Duke and the Lords wrote to my Lord Erskin , Captain of the Castle of Edinburgh , in form as followeth . Letter to the Lord Erskin . MY Lord and Cousin , after our hearty commendations , this present is to advertise you , That we are credibly informed that the Army of French-men now in this Realme , without any advice of the Councell or Nobility , are fortifying , or else shortly intendeth to fortifie the Towne of Leith , and expell the ancient inhabitants thereof , whereby they proclaim to all that will open their ears to hear , or eyes to see , what is their pretence . And seeing the faithfulnesse of your antecessors , and especially of your Father of honourable memory , who was so recommended and dear to the Estates and Councellors of this Realme , through affection they perceived in him towards the Common-wealth thereof , that they doubted not to give in his keeping the key , as it were , of the Councell , of the Iustice and Policy of this Realme , the Castles of Edinburgh and Sterlin , we cannot but believe ye will rather augment the honourable favour of your House by stedfast favour and loyalty to our Common wealth , then through the subtill perswasions of some ( which care not what after shall come to you and your House , at the present would abuse you to the performance of their wicked enterprises and pretences against our Common-wealth ) utterly destroy the same . And herefore seeing we have written to the Queen to desist from the enterprise , otherwise that we will complain to the Nobility and Commonalty of the Realm , and seek redresse thereof ; We likewise beseech you as our tender friend , brother and member of the same Common-wealth with us ▪ that in no wise you meddle with , or assent to that ungodly enterprise against the Common-wealth : And likewise that ye would save your body , and the jewels of this Countrey , committed to yours and your predecessors loyalty and fidelity towards your native Countrey and Common-wealth , if ye thinki to be reputed , hereafter one of the same : And that ye would rather be brother to us then to strangers ; for we do gather by the effects , the secrets of mens hearts , otherwise unsearchable unto us . Thus we write , not that we are in doubt of you , but rather to warne you of the danger , in case ye suffer your selfe to be inchanted with fair promises , and crafty Councellors : For let no man flatter himself ; we desire all men to know ; That though he were our father ( seeing God hath opened our eyes to see his Will ) if he be enemy to the Common wealth , which is now assailed , and we with it , and all true members thereof , he shall be knowne , and as he is indeed enemy to us , to our lives , our houses , babes , heritages , and whatsoever is contained within the same : For as the Ship perishing , What can be safe that is within ? So the Common wealth being betrayed , What particular member can live in quietnesse . And therefore in so far as the said Castles are committed to your credite , we desire you to shew your faithfulnesse and stoutnesse , as ye tender us , and whatsoever appertaineth to us . And seeing we are assured ye will be assayled both with craft and force , as now by warning we help you against the first , so against the last ye shall not misse in all possible haste to have our assistance , onely to shew your selfe a man. Save your person by wisedome , strengthen your self against force : And the Almighty God assist you in both , that one ayd the other , and open the eyes of your understanding to see and perceive the craft of Sathan and his supposts . At Hamilton the 29 day of September , 1559. By your Brethren . The Duke and Lords understanding that the Fortifications of Leith proceeded , appointed their whole Forces to convene at Sterlin the 15 day of Octob. that from thence they might march forward to Edinburgh , for the redresse of the greatest enormities which the French did to the whole Countrey , which by them was so oppressed , that the life of all honest men was bitter unto them . In this mean time the Lords directed their Letters to divers parts of the Countrey , making mention what danger did hang over all men , if the French should be suffered to plant in this Countrey at their pleasure . They made mention farther , How humbly they had besought the Queen Regent , That she would send away to France her French-men , who were a burden unprofitable and grievous to this Common-wealth , and how that she notwithstanding did daily augment their number , bringing wives and children , a plain declaration of a plain conquest . The Queen Regent perceiving that her craft began to be espied , by all means possible travelled to blinde the people ; And first she sent forth her pestilent Post forenamed , in all parts of the Countrey , to perswade all men , that she offereth all things reasonable to the Congregation ; and that they refusing all reason , pretended no Religion , but a plaine revolt from Authority . She tempted every man , in particular , as well those that were of the Congregation , as those that were neutralls . She assaulted every man as she thought most easily he might have been overcome . To the Lord Ruthuen she sent the Justice Clerk , and his wife who is daughter to the wife of the said Lord , what was their Commission and credit , is no further known , then the said Lord hath confessed , which is , That large promise of profit was promised , if he would leave the Congregation , and be the Queens . To Lord Iames , Prior of Saint Andrews , was sent Master Iohn Spens of Condie , with a Letter and Credit , as followeth . The Memoriall of Master Iohn Spens of Condie , the thirtieth of September . 1. YE shall say , That the Queens great favour towards you moveth her to this . 2. That she now knoweth that the occasion of your departing from her , was the favour of the Word , and of the Religion , with the which , albeit she was offended , yet knowing your heart ▪ and the hearts of the other Lords firmely fixed thereupon , she will beare with you in that behalfe , and at your owne sights she will set forward that Cause at her power , as may stand with Gods Word , the common policie of this Realme , and the Princes honour ( note good Reader what venome lurked here , for plaine it is that the policie which she pretended , and the Princes honour will never suffer Christ Iesus to reigne in this Realme . ) 3. To speak of the occasion of assembling of these men of Warre , and fortifying of Leith , you must know , That it was given to the Queen to understand by some about her , that it is not the advancement of the Word and Religion which is sought at this time , but rather a pretence to overthrow or alter the authority of your Sister , of the which she beleeveth still that ye are not participant : and considering the tendernesse betwixt you and your Sister , she trusted more in you , in that behalfe , then in any living . But before the Earle of Arrane arrived , and that the Duke departed from her faction , she ceased not continually to cry , That the Prior sought to make himselfe King ; and so not onely to deprive his Sister , to make himselfe King , but also to defraud the Duke and his house of their pretension . But foreseeing a storme , she began to seek a new winde . She further willeth him , to offer the sending away of the men of War , if the former suspition could be removed , she lamented the trouble that appeared to follow , if the matter should long stand in debate , she promised her faithfull labours for reconciliation , and required the same of him . Requiring further , Faith , Honour , and kindnesse towards his Sister , and to advertise for his part , what he desired ; with promise , That he might obtaine what he pleased to desire . To this Letter and Credit the said Lord Iames answered as followeth . MADAME , I Received your Highnesse Writ , and have heard the credit of the Bearer , and finding the businesse of such importance , that dangerous it were to give hastie answer . And also your Demands are such , That with my honour I cannot answer them privately by my selfe , I have thought good to delay the same till that I may have the judgement of the whole Councell . For this point I will not conceale from your Majestie , That amongst us there is a solemned Oath , that none of us shall traffique with your Majestie secretly , neither yet that any of us shall treat or deale for himselfe particularly : Which Oath , for my part , I purpose to keep unviolated to the end . But when the rest of the Noble-men shall conveene , I shall leave nothing that lyeth in my power undone , that may make for the quietnesse of this poore Realme : Provided , That the glory of Christ Iesus be not hindered by our concord . And if your Majestie shall be found so tractable , as now ye offer , I doubt not to obtaine of the rest of my brethren such favour towards your service , as your Majestie shall have just occasion to stand content : For I take God to record , That in this action I have neither sought , neither yet seek any other thing then to increase Gods glory , and the Libertie of this poore Realme to be maintained . Further , I have shewed unto your Messenger what things have misliked me in your proceedings , even from such a heart as I wish to God you knew fully , and all men else . And this , with hearty commendation of service to your Majestie , I heartily commit your Highnesse to the eternall protection of the omnipotent . At Saint Andrews , the first of October . Sic subscribitur . Your Majesties humble and obedient Servitour . I. St. This answer received , she raged , as hypocrisie useth when it is pricked , and perceiving that she could not work what she would at the hands of men particularly , she set forth a Proclamation , universally to be proclaimed , in the tenour as followeth . The Queens Proclamation . FOr so much as it is understood by the Queen , that the Duke of Chattellawralt hath lately directed his Missives into all parts of this Realm , making mention that the French-men late arrived with their wives and children , are begun to plant in Leith , to the ruine of the Common-weale , which he and his partakers will not passe over with patient beholding , desiring to know what will be every mans part . And that the fortification of Leith , is a purpose devised in France , and that therefore Monsieur de la Brosse , and the Bishop of Amiens , are come to this countrey . A thing so vaine and untrue , that the contrary thereof is knowne to all men of free judgement . Therefore the Queen , willing that the occasions whereby her Majesty was moved so to do , be made patent , and what have been her proceedings since the appointment last made on the Linkes beside Leith . To the effect that the trueth of all things being made manifest , every man may understand how unjustly that a desire to suppresse the liberty of this Realm is laid to her charge ; we have thought expedient to make this discourse following . First , although after the said appointment , divers of the said Congregation , and that not of the meanest sort , hath violently broken the points thereof , and made sundry occasions of new cumber . The same was in a part winked at , and over-looked , in hope that they in time would remember their duty , and abstaine from such evil behaviour , which conversion her Majestie ever sought , rather then any punishment , with such care and solicitude by all means , and in the mean time nothing was provided for her own security . But at last by their frequent Messages to and from England , their intelligence then was perceived , yet her Majestie trusted the Queen of England ( let them seek as they please ) will do the office of a Christian Princesse , in time of a sworne Peace , through which , force was to her Majestie , seeing so great defection of great personages , to have recourse to the Law of Nature . And like as a small Bird , being pursued , will provide some nest , so her Majestie could do no lesse in cases of pursuit , but provide some sure retract for her selfe and her company , and to that effect chose the Town of Leith , as a place convenient therefore : because it was her dearest daughters property , and no other person could claime Title or Interesse thereto , and also because in former times it had been fortified : About the same time that the seeking support of England was made manifest , arrived the Earle of Arrane , and adjoyned himselfe to the Congregation , upon further promise then the pretended quarrell , or Religion that was to be set up by them in authority , and so to pervert the whole obedience , and as some of the Congregation at the same time had put into their hands , and taken the Castle of Brochtie , put forth the keepers thereof . Immediately came from the said Duke to her Majestie unlooked for , a Writ , beside many others complaining of the fortification of the said Town of Leith , in hurt of the ancient inhabitants thereof , brethren of the said Congregation , whereof he then professed himselfe a Member . And albeit that the Bearer of the said Writ was an unmeet Messenger , in a matter of such consequence , yet her Majestie directed to him two persons of good credit and reputation , with answer ; Offering , If he would cause amends to be made for that which was committed against the Lawes of the Realme , to do further then could be craved of reason . And to that effect , to draw some conference , which by his fault and his Colleagues took no end ; neverthelesse they continually since continue in their doings , usurping the authority , commanding and charging free Boroughs to chuse Provests and officers of their naming , and to assist to them in the purpose they would be at : and that they will not suffer provision to be brought for sustentation of her Majesties houses . A great part have so plainely set aside all reverence and humanitie , whereby every man may know , That it is no matter of Religion , but a plaine usurpation of the authority : and no doubt but simple men of good Zeale in former times , therewith falsly have been deceived . But as to the Queens part ( God who knoweth the secrets of all hearts well knoweth , and the world shall see by experience ) that the fortification of Leith was devised for no other purpose , but for recourse to her highnesse and her company , in case they were pursued . Wherefore , as good Subjects that have the feare of God in their hearts , will not suffer themselves by such vaine perswasions to be led away from their due obedience : but will assist in defence of their Soveraigns quarrell , against all such as shall pursue the same wrongfully . Therefore her Majestie ordaineth the officers of Arms to passe to the Market-Crosses of all the head Burroughs of this Realme , and there by open Proclamation command and charge all and sundry the Lieges thereof , that none of them take in hand to put themselves in arms , nor take part with the said Duke or his assistaries , under the paine of Treason . These Letters being divulgate , the hearts of many were stirred , for they judged the Narration of the Queen Regent to have been true , others understood the same to be utterly false . But because the Lords desired that all men should judge in their cause , they set out the Declaration subsequent . The DECLARATION of the Lords , against the former PROCLAMATION . WE are compelled unwillingly to answer the grievous accusations most unjustly laid to our charges by the Queen Regent , and her perverse Counsell , who cease not by all craft and malice to make us odious to our dearest brethren , naturall Scottish-men , as that we pretended no other thing , but the subversion and overthrow of all just authoritie , when God knoweth we sought nothing , but , That such authoritie as God approveth by his Word , be established , honoured , and obeyed amongst us . True it is , that we have complained ( and continually must complaine , till God send redresse ) That our common Countrey is oppressed with strangers ; That this inbringing of Souldiers with their wives and children , and planting of men of War in our free Townes ; appeareth to us a ready way to conquest . And we most earnestly require all indifferent persons to be judge betwixt us and the Queen Regent in this cause , to wit , Whether our complaint be just or not ? For , for what other purpose should she thus multiply strangers upon us , but onely in respect of conquest : Which is a thing of late divised by her and her avaritious house . We are not ignorant that six yeers ago the question was demanded of a man of honest reputation ; What number of men was able to daunt Scotland , and to bring it to the full obedience of France ? She alleadged , That to say that the fortification of Leith was of purpose devised in France , and that for that purpose were Monsieur de la Brosse , and the Bishop of Amiens sent to this Countrey ; Is a thing so vaine and untrue , that the contrary thereof is notorious to all men of free judgement . But evident it is , whatsoever she alleadged , That since their arrivall Leith was begun to be fortified . She alleadged , That she seeing the defection of great Personages , was compelled to have recourse to the Law of Nature , and like a small bird pursued to provide for some sure retract to her self and her company . But why doth she not answer for what purpose did she bring in her new Bands of men of War ? Was there any defection espied before their arrivall ? was not the Congregation under Appointment with her ? Which whatsoever she alleadged , she is not able to prove that we have violated in any chiefe point , before that her new throat-cutters arrived , yea , before that they began to fortifie Leith , a place , saith she , most convenient for her purpose ; as indeed it is , for the receiving of strangers at her pleasure : for if she had feared the pursuit of her bodie , she had Inche , Colme , Dumbar , and Blacknesse , Forts and Strengths already made ; yet all these could not so well serve her turne as Leith , because it was her daughters property , and none other could have title unto it , and because it had been fortified oft before . That all men may know the just title her daughter and she had to the Town of Leith , we shall in few words declare . It is not unknown to the most part of this Realm , that there hath been an old hatred and contention betwixt Edinburgh and Leith ; Edinburgh continually seeking constantly to possesse the liberty of Leith which by donation of ancient Kings they have long enjoyed : And Leith , by the contrary aspiring to a liberty and freedom in prejudice of Edinburgh . The Queen Regent , a woman that could make her profit at all hands , was not ignorant how to compasse her own businesse , and therefore secretly she gave advertisement to some of Leith , that she would make their Towne free , if that she might do it with any colour of Justice . By which promises the principall men of them did travell with the Laird of Lestarrig , a man neither prudent nor fortunate , to whom the superiority of Leith appertained , That he should fell his whole Title and Right to our Soveraigne for a certain sum of Money , which the inhabitants of Leith paid , with a large Taxation more , to the Queen Regent , in hope to be made free , in desp●ght and defraud of Edinburgh : Which Right and Superiority when she had gotten , and when the Money was paid , the first fruits of their liberty they now eat with bitternes , is , That strangers shall possesse their Towne : This is the just Title which her daughter and she might claim to that Towne . And where she alleadged , That it was fortified before ; we ask , If that was done without the consent of the Nobility and Estates of the Realme , as now she and her crafty counsellors do , in despight and high contempt of us the lawfull and borne Counsellors of this Realme . How far we have sought support of England , or of any other Prince , and how just cause we had and have so to do , we shall shortly make manifest unto the world , To the praise of Gods holy Name , and to the confusion of all those that slander us for so doing : For this we fear not to confesse , That as in this our enterprise , against the Devill , Idolatry , and the maintainers of the same , we chiefly and onely seek Gods glory to be notified unto man , sin to be punished , and vertue to be maintained : So where power faileth in our selves , we will seeke it wheresoever GOD shall offer the same : And yet in so doing , we are assured neither to offend GOD , neither yet to do any thing repugnant to our Duties . We heartily praise God , who moved the heart of the Earle of Arran to joyn himself with us his persecuted brethren . But how malicious a lye it is , That we have promised to set him up in Authority , the issue shall declare : God we take to record , That no such thing hath entred into our hearts , neither yet hath the said Earle , neither any to him appertaining , moved us unto any such matter : which if they should do , yet are we not so slender in judgement , that inconsiderately we would promise that , which after we would repent . We speak and write to the praise of Gods glory ; the least of us knoweth better what obedience is due to a lawfull Authority , then she and her counsell doth practice the Office of such as worthily may sit upon the Seat of Justice : For we offer , and we perform all obedience which God hath commanded ; and we deny neither Toll , Tribute , nor Fear , to her nor her Officers , we onely bridle her blinde rage , in the which she would erect and maintain Idolatry , and would murther our brethren , who refuse the same : But she doth utterly abuse the Authority established by God , she prophaneth the Throne of his Majestie on earth , making the Seat of Justice , which ought to be the Sanctuary and Refuge of all godly and vertuous persons unjustly afflicted , to be a den and receptacle to Thieves , Murtherers , Idolaters , Whoremongers , Adulterers , and of Blasphemers of God , and all godlinesse . It is more then evident what men they are , and long have been , whom she by her power maintaineth and defendeth ; and also what hath been our conversation , since it hath pleased God to call us to his knowledge , whom now in her fury she cruelly persecuteth . We deny not the taking of the houses of Brochtie ; and the causes being considered , we think that no naturall Scotish man will be offended at our fact . When the assured knowledge came to us that the Fortification of Leith was begun , every man began to inquire , What danger might ensue to the rest of the Realm , if the French should plant in divers places , and what were the places that might annoy us . In conclusion it was found , That the taking of the said house by French men , should be destruction to Dundie , and hurtfull to S. Iohnston , and to the whole Countrey ; and therefore it was thought expedient to prevent the danger , as that we did , for preservation of our brethren and common Countrey . It is not unknown what enemies those two Towns have , and how gladly would some have all good order and policy overthrown in them . The conjectures that the French-men were of minde shortly to have taken the same place , were not obscrure : but whatsoever they pretended , we cannot repent that we ( as said is ) have prevented the danger ; and would God that power had been in the same manner to have foreclosed their enterprise at Leith : For what trouble this poor Realm shall endure before that those murtherers and unjust possessors be removed from the same , the issue will declare . If her accusations against the Duke , and that we refused conference , be truly and simply spoken , we will not refuse the judgement of those very men , whom she alleadgeth to be of such reputation . They know that the Duke did answer , That if the Realme should be set at liberty from the bondage of those men of War , which presently did oppresse it , and was so fearfull to him , and to his brethren , that they were compelled to absent themselves from the places where she and they made residence : That he and the whole Congregation should come and give all dutifull obedience to our Soveraigne her daughter , and unto her , as Regent for the time : But to enter into conference so long as she kept above him and his brethren that fearfull scourge of cruell strangers , he thought no wise man would counsell him . And this his answer we approve , adding further , That she can make us no promise which she can keep , nor we can credit , so long as she is forced with the strength , and ruled by the counsell of France . We are not ignorant that Princes think it good policy to betray their subjects by breaking of promises , be they never so solemnly made . We have not forgotten what counsell she and Monsieur Dosell gave to the Duke , against those that slue the Cardinall , and kept the Castle of S. Andrewes , which was this , That what promise they list to require should be made unto them ; but as soon as the Castle was rendred , and things brought to such passe as was expedient , that he should chop the heads from every one of them . To the which the Duke answered , That he would never consent to so treasonable an act , but if he promised fidelity , he would faithfully keep it . Monsieur Dosell said in mockage to the Queen in French , That is a good simple nature , but I know no other Prince that would so do . If this was his judgement in so small a matter , what have we to suspect in this our Cause ? For the question is not of the slaughter of one Cardinall , but of the just abolishing of all tyranny , which that Romane Antichrist hath usurped above us ; of the suppressing of Idolatry , and of the Reformation of the whole Religion , by that vermine of shavelings utterly corrupted . Now if the slaughter of a Cardinall be a sin irremissible , as they themselves affirme ; and if faith ought not to be kept to hereticks , as their owne law speaketh , What promise can she that is ruled by the counsell and commandment of a Cardinall , make to us that can be sure ? Where she accuseth us , That we usurp Authority to command and charge free Boroughs , to chuse Provests and Officers of our naming , &c. We will that the whole Boroughs of Scotland testifie in that case , Whether we have used any kinde of violence , but lovingly exhorted such as asked our support to chuse such in Office , as had the fear of God before their eyes , loved equity and justice , and were not noted with avarice and bribing . But wonder it is with what face she can accuse us of that , whereof we are innocent , and she so openly criminall , that the whole Realme knoweth her iniquity : In that case hath she not compelled the Towne of Edinburgh to retaine a man to be their Provest most unworthy of any Regiment in a well-ruled Common-wealth ? Hath she not enforced them to take Bayliffes of her appointment ? and some of them so meet for their Office in this troublesome time , as a sowter is to sayle a Ship in a stormy day . She complaineth that we will not suffer provision to be made for her house : In very deed we unfainedly repent that before this we took not better order that these murtherers and oppressors whom she pretendeth to nourish for our destruction , had not been disappointed of their great provision of Victualls which she and they have gathered , to the great hurt of the whole Countrey : But as God shall assist us in times coming , we shall do diligence somewhat to frustrate their devillish purpose . What both what she and we pretend , we doubt not but God ( who cannot suffer the abuse of his owne Name long to be unpunished ) shall one day declare , and unto him we fear not to commit our Cause . Neither yet fear we in this present day , that against us she maketh a malicious lye , where that she saith , That it is not Religion that . we go about , but a plain usurpation of Authority . God forbid that such impiety should enter in our hearts , that we should make his holy Religion a cloke and covertour of our iniquity : From the beginning of this controversie , it is evidently knowne what have been our requests ; which if the rest of the Nobility and Commonalty of Scotland will cause to be performed unto us , if then in us appear any signe of Rebellion , let us be reputed and punished as traitors . But while strangers are brought in to suppresse us , our common wealth and posterity ; while Idolatry is maintained , and Christ Jesus his true Religion despised , while idle bellies , and bloody tyrants the Bishops are maintained , and Christs true Messengers persecuted ; while finally , vertue is contemned , and vice extolled ; while that we a great part of the Nobility and Commonalty of this Realme are most unjustly persecuted , What godly man can be offended that we shall seek Reformation of these enormities ( yea , even by force of Arms , seeing that otherwayes it is denyed unto us ) we are assured that neither God , neither nature , neither any just Law forbiddeth us . God hath made us Councellors by birth of this Realme , Nature bindeth us to love our owne Countrey , and just Laws command us to support our brethren unjustly pursued , yea , the Oath that we have made to be true to this Common-wealth compelled us to hazard whatsoever God hath given us , before that we see the miserable ruine of the same . If any thinke it is not Religion which now we seek , we answer , That it is nothing else but the zeal of the true Religion which moveth us to this enterprise : For as the enemy doth craftily foresee , That Idolatry cannot universally be maintained , unlesse that we be utterly suppressed , So do we consider that the true Religion ( the purity whereof we openly require ) cannot universally be erected , unlesse strangers be removed , and this poor Realme purged of those pestilences which before have infected it . And therefore in the Name of the Eternall God , and of his Son Christ Jesus , whose Cause we sustain , we require all our brethren naturall Scotish-men prudently to consider our Requests , and with judgement to discerne betwixt us and the Queen Regent , with her faction , and not to suffer themselves to be abused by her craft and deceit , That to lift their weapons against their brethren , who seek nothing but Gods glory , Or yet to extract from us their just and dutifull support , seeing that we hazard our lives for preservation of them and us , and of us and our posterity to come : Assuring such as shall declare themselves favourers of her Faction and enemies unto us , That we shall repute them , whensoever God shall put the Sword of Justice in our hands worthy of such punishment as is due for such as study to betray their Countreyes into the hands of strangers . This our answer was formed and divulgate in some places , but not universally , by reason of our day appointed to meet at Sterlin , as before is declared . In this mean time the Queens Posts ran with all possible expedition to draw men to her devotion . And in very deed she found more favourers of her iniquity then we suspected . For a man that of long time had been one of our number in profession , offered ( as himselfe did confesse ) his service to the Queen , to travell betwixt her Majestie and the Congregation for concord ; she refused not his offer , but knowing his simplicitie , she was glad to imploy him for her advantage . The man is Master Robert Lockard , a man of whom many have had and still have good opinion , as touching his Religion . But to enter in the managing of such affaires , not so fit as godly and wise men would require : he travelleth not the lesse earnestly in the Queen Regents affairs , and could not be perswaded , but that she meant sincerely , and that she would promote the Religion to the uttermost of her power . He promised in her name , That she would put away her French-men , and would be ruled by the counsell of naturall Scottish-men : when it was reasoned in his contrary , That if she were so minded to do , she could have found Mediatours a great deale more fit for that purpose . He feared not to affirme , That he knew more of her minde , then all the French or Scots that were in Scotland ; yea , more then her own brethren that were in France . He travelled with the Earle of Glencarne , the Lords of Uchiltrie and Boyd , with the Laird of Dun , and with the Preachers , to whom he had certaine secret Letters , which he would not deliver , unlesse that they would make a faithfull promise , That they should never reveale the thing contained in the same . To the which it was answered , That in no wayes they could make such a promise , by reason that they were sworne one to another , and altogether in one body , That they should have no secret intelligence , nor deale with the Queen Regent , but that they should communicate with the great Counsell whatsoever she proposed unto them , so they did answer unto her , as by this answer written by Iohn Knox to the Queen Regent may be understood . The tenour whereof followeth . To the Queen Regent . MADAME , MY duty humbly premised : Your Majesties servant , Master Robert Lockard , most instantly hath required me and others to whom your Majesties Letters , as he alleadged , were directed , to receive the same in a secret manner , and to give him answer accordingly ; but because some of the number that he required , were , and are of the great Counsell of this Realme , and therefore are solemnely sworne to have nothing to do in a secret manner , neither with your Majestie , nor with any that cometh from you , or from your Counsell . And so they could not receive your Majesties Letters with such conditions as the said Master Robert required , therefore thought he good to take backe to your Majestie againe the said Letters close ; And yet because , as he reporteth , he hath made to your Majestie some promise in my name , at his request , I am content to testifie by my Letter and Subscription , the sum of that which I did communicate with him . In Dondie , after many words betwixt him and me , I said , That albeit divers sinister reports had been made of me , yet did I never declare any evident token of hatred nor enmity against your Majestie . For if it be the office of a true friend to give true and faithfull counsell to them whom he seeth run to destruction for lack of the same , I could not be proved enemy to your Majestie , but rather a friend unfeigned . For what counsell I had given to your Majestie , my Writings , as well my Letter and Addition to the same , now Printed , as divers others which I wrote from S. Johnston , may testifie . I further added , That such an enemy was I unto you , that my tongue did both perswade , and obtaine , That your authority and Regiment should be obeyed of us in all things lawfull , till you declare your selfe open enemy to this Common-wealth , as now , alas , ye have done . This I willed him moreover to say to your Majestie , That if ye following the counsell of flattering men , having no God but this world and their belly , did proceed in your malice against Christ Iesus his Religion , and true Ministers , that ye should do nothing else but accelerate and hasten Gods plague and vengeance upon your selfe and those that followeth you . And that ye ( if ye did not change your purpose hastily ) should bring your selfe in such extreame danger , that when ye would seek remedy it should not be so easie to be found as it had been before . This is the effect and sum of all that I said at that time , and willed him if he pleased to communicate the same to your Majestie . And the same yet againe I notifie unto your Majestie by this my Letter , written and subscribed at Edinburgh , the 26 day of October 1559. Sic subscribitur . Your Majesties to command in all godlinesse , John Knox. Postscriptum . God move your heart yet in time to consider , That ye fight not against men , but against the eternall God , and against his Son Iesus Christ , the onely Prince of the Kings of the earth . At which answer , the said M. Robert was so offended , that he would not deliver his Letters , saying , That we were ungodly , and injurious to the Queen Regent , if we suspected any craft in her . To the which it was answered by one of the Preachers , That time should declare whether he or they were deceived , if she should not declare her selfe enemy to the true Religion which they professed , if ever she had the upper hand , then they would be content to confesse , That they had suspected her sincerity without just cause . But if she should declare her malice no lesse in times comming then she had done before they required that he should be more moderate , then to condemne them whose conscience he knoweth not , and this was the end of his travell for that time . After that he had troubled the conscience of many godly and quiet persons . For he and others who were her hired postes , ceased not to blow in the eares of all men , That the Queen was heavily dealt with , That she required nothing but obedience to her daughter , That she was content that the true Religion should go forward , and that all abuses should be abolished , and by this mean they brought a grudge and division among our selves . For many ( and our brethren of Lowthian especially ) began to murmure , That we sought another thing then Religion , and so ceased to assist us certain dayes , after that we were come to Edinburgh , which we did according to the former Diet the 16 day of October . This grudge and trouble amongst our selves was not raised by the aforesaid M. Robert onely , but by those pestilents whom before we have expressed , and M. Iames Balfoure especially , whose venemous tongues against God and his true Religion , as they deserve punishment of men , so shall they not escape Gods vengeance , unlesse that speedily they repent . After our coming to Edinburgh , the day forenamed , we assembled in Counsell , and determined to give new advertisement to the Queen Regent of our convention , and in such sort , and so with common consent we sent unto her our Request , as followeth . The second Admonition to the Queen Regent . MAdame , Your Majestie may call to minde , how at our last Convention at Hamilton , we required your Highnesse in most humble manner to desist from the fortifying of the Town of Lieth , then enterprised and begun , which appeared to us ( and yet doth ) an entrie to a conquest and overthrow of our Liberties , and altogether against the Lawes and Customes of this Realm , seeing it was begun , and yet continueth without any advice and consent of the Nobility and Counsell of this Realm . Wherefore now , as oft before , according unto our duty to our Common-wealth , we most humbly require your Majestie , to cause your Strangers and Souldiers whatsoever , to depart the said Town of Lieth , and make the same patent , not onely to the inhabitants , but also to all Scottish men , our Soveraign Ladies Leiges ; assuring your Highnesse , That if refusing the same , ye declare thereby your evil minde towards the Common-wealth , and Liberty of this Realm , we will ( as before ) move and declare the causes unto the whole Nobility and Commonalty of this Realm . And according to the oath which we had sworn for the maintenance of the Common-weale , in all manner of things to us possible , we will provide remedy therefore , requiring most humbly your Majesties answer in haste with the Bearer , because in our eyes the act continually proceeds , declaring your determination of conquest , which is presumed of all men , and not without cause . And thus after our commendation of service , we pray Almighty God to have your Majesty in his eternall tuition . These our Letters received , our Messenger was threatned , and withholden a whole day , thereafter he was dismissed ; without any other answer , But that she would send an answer , when she thought expedient . In this mean time , because the rumour ceased not , that the Duke usurped the authority , he was compelled with the sound of trumpet at the Market-Crosse of Edinburgh to make his Purgation as followeth , the 19 of October . The Purgation of the Duke . FOrasmuch as the Duke of Chatellarault , understanding the false report made by these about the Queen Regent against him , That he and his son the Lord Arrane , should pretend usurpation of the Crown and authority of this Realm , when in very deed , he , nor his said son never once hath made any shew of any such thing , but onely in simplicity of heart , moved parly by the violent pursuit against Religion , and true Professours thereof , partly by compassion of the Common-wealth , and poore Commonalty of this Realme , oppressed with strangers ; he joyned himselfe to the rest of the Nobility , with all hazard , to support the common Cause of the one & of the other ; and hath thought expedient to purge himselfe and his said son in presence of you all , as he had done in presence of the counsell of that said crime of old , even by Summons laid to his charge the second yeere of the Reigne of our Soveraigne Ladie : Which accusation hath continued ever against him , as guilty of that crime ; he therefore now openly and plainly Protesteth , That neither he nor his said son , sues nor seeks any preeminence , either to the Crown or authority , but as far as his puissance may extend , is ready , and ever shall be , and his son also , to concurre with the rest of the Nobility his brethren , and all others , whose hearts are touched to maintain the common causes of Religion , and Liberty of their native Countrey , plainly invaded by the said Regent , and her said Souldiers , who onely do forge such vain reports , to withdraw the hearts of true Scottish-men from the succour they owe of bounden dutie to their Common-weale oppressed . Wherefore exhorting all men , that will maintain the true Religion of God , or withstand this oppression or plain conquest enterprised by strangers upon our native Scottish-men , not to credit such false and untrue reports . But rather concurre with us and the rest of the Nobility , to set our Countrey at liberty , expelling strangers therefrom , which doing , ye shall shew your selves obedient to the ordinance of God , which was established for maintenance of the Common-weale and true members of the same . The 21 of Octob. came from the Queen Regent M. Robert Forman , Lion King of Arms , who brought unto us a Writing in this Tenor and Credit . AFter commendations , We have received your Letter of Edinburgh , the 19 of this instant , which appeareth to us , rather to have come from a Prince to his Subjects , then from Subjects to them that beare authority . For answer whereof , we have presently directed unto you this Bearer , Lion Herald King of Arms , sufficiently instructed with our minde , to whom ye shall give credence . At Leith , Octob. 21. 1559. Sic subscribitur . Mary R. His Credit is this . THat the Queen wonders how any durst presume to command her in that Realm , which needeth not to be Conquest by any force , considering that it was already Conquest by Marriage . That French-men could not justly be called strangers , seeing that they were Naturalized ; and therefore that she would neither make that Town patent , neither yet send any man away , but as she thought expedient . She accused the Duke of violating his promise . She made long Protestation of her love towards the Common-wealth of Scotland , and in the end commanded , That under the pain of Treason all assistaries to the Duke and unto us , should depart from the Town of Edinburgh . This answer received , credit heard , preconceived malice sufficiently espied , consultation was taken what was expedient to be done . And for the first , it was concluded , That the Herald should be stayed , till further determination should be taken . The whole Nobility , Barons and Burgesses then present , were commanded to convene in the Tolbuith of Edinburgh , the same one and twentieth day of October , for deliberation of those matters , where the whole cause being exposed by the Lord Ruthuen , the question was propounded , Whether she that so contemptuously refused the most humble request of the borne Councellors of the Realme , being also but a Regent , whose pretences threatned the bondage of the whole Common-wealth , ought to be suffered so tyrannically to domineer over them . And because that this question had not been before disputed in open assembly , it was thought expedient that the judgement of the Preachers should be required ; who being instructed in the case , Iohn Willock , who before had sustained the burthen of the Church in Edinburgh , commanded to speak , made discourse as followeth : Affirming , first , That albeit Magistrates be Gods Ordinance , having of him Power and Authority , yet is not their Power so largely extended , but that it is bounded and limited by God in his Word . And secondarily , That as subjects are commanded to obey their magistrates , so are the Magistrates commanded to give some duty to their subjects , so that God by his Word hath prescribed the Office of the one and of the other . Thirdly , That albeit God hath appointed Magistrates his Lieutenants on earth , and hath honoured them with his own Title , calling them Gods , That yet he did never so firmly establish any , but at his pleasure , he seeing just cause , might deprive them . Fourthly , That in deposing of Princes , and those that have been in Authority , God did not alwayes use his immediate power , but sometimes he useth second means , which his wisedome thought good , and Justice approved : As by Asa , he removed Maacha his owne mother from Honour and Authority which before she had used . By Iehu , he destroyed Ioram , and the whole posterity of Achab. And by divers others he hath deposed from Authority those whom before he had established by his own Word . And hereupon concluded he , That sith the Queen Regent denied her chief duty to the subjects of this Realme , which was , To minister Justice to them indifferently , to preserve their Liberties from invasion of strangers , and to suffer them to have Gods Word freely and openly preached amongst them . Seeing moreover that the Queen Regent was an open and obstinate Idolatresse , a vehement maintainer of all Superstition and Idolatry , as also she openly declares the Countrie to be conquest , and no more free . And finally , That she utterly despiseth the counsell and requests of the Nobility : he could see no reason why they the borne Counsellors , Nobility , and Barons of the Realme might not justly deprive her from all Regiment and Authority amongst them . Hereafter was the judgement of Iohn Knox required , who approving the sentence of his brother , added , first , That the iniquity of the Queen Regent and disorder , ought in no wise to withdraw neither our hearts , neither yet the hearts of other subjects from the obedience due unto our Soveraigne . Secondly , That if we deposed the said Queen Regent rather of malice and private envie , then for the preservation of the Common-wealth , and for that her sins appeared incurable , That we should not escape Gods just punishment , howsoever that she had deserved rejection from honors . And thirdly , he required , That no such sentence should be pronounced against her , but that upon known and open repentance , and upon her conversion to the Common-wealth , and submission to the Nobility , place should be granted unto her of regresse to the same honours from the which for just causes she justly might be deprived . The Votes of every man particularly by himself required , and every man commanded to speak as he would answer to God , what his conscience judged in that matter , there was none found amongst the whole number , who did not by his tongue consent to her deprivation . Thereafter was her Processe committed to Writing , and registred as followeth . Articles against the Queen Regent . AT Edinburgh the one and twentieth day of October , 1556. the Nobility , Barons and Burgesses convened , to advise upon the affairs of the Common-wealth , and to ayd , support and succour the same , perceiving and lamenting the enterprised destruction of their said Common-wealth , and overthrow of the liberties of their native Countrey , by the means of the Queen Regent , and certain strangers her privie Counsellors , plain contrary to our Soveraign Lord and Ladies mind , and direct against the counsell of the Nobility , to proceed by little and little , even unto the uttermost ruine ; So that the urgent necessity of the Common-wealth may no longer suffer delay , and earnestly craveth our support . Seeing therefore that the said Q. Regent ( abusing and overpassing our Soveraigne Lord and Ladies Commission given and granted to her ) hath in all her proceedings pursued the Barons and Burgesses within this Realme , with Weapons and Armour of strangers , without any Processe and order of Law , they being our Soveraigne Lord and Ladies true Lieges , and never called nor convinced of any crime by any judgement lawfull . As first , at S. Iohnston , in the moneth of May , she assembled her Army against the Towne , and the Inhabitants thereof , never called nor convinced of any crime , onely because they professed the true Worship of God , conform to his most sacred Word . 2. And likewise in the moneth of June last , without any order or calling going before , invaded the persons of sundry Noble-men and Barons with force of Armes , convened at S. Andrews , onely for Cause of Religion , as is notoriously known , they never being called nor convinced of any crime . 3. Again , laid Garrisons the same moneth upon the Inhabitants of the said Town , oppressing the liberties of the Queens true Lieges : For fear of which her Garrisons , a great part of the Inhabitants thereof fled from the Towne , and durst not resort again unto their houses and heritages , untill they were restored by Arms ; they notwithstanding never being called nor convinced of any crime . 4. Further , at that same time did thrust in upon the heads of the Inhabitants of the said Towne , Provest , and Bayliffs , against all order of Election , as lately in this month of September she had done in other Towns of Edinburgh and Iedburgh , and divers other places , in manifest oppression of our Liberties . 5. declaring her evill minde towards the Nobility , Commonalty , and whole Nation , she hath brought in strangers , and daily pretends to bring in greater force of the same , pretending a manifest Conquest of our native rooms and Countrey , as the deed it self declareth ; in so far , as she having brought in the said strangers without any advise of Councell and Nobility , and contrary to their expresse minde sent to her in Writing , hath placed and planted her said strangers in one of the principall Towns and parts of the Realm , sending continually for greater Forces , willing thereby to suppresse the Common-weale , and liberty of our native Countrey , to make us and our posterity slaves to strangers for ever ; which , as it is intolerable to Common-wealths and free Countreys , so it is very prejudiciall to our Soveraign Lady and her Heirs whatsoever , in case our Soveraigne Lady decease without Heirs of her Person . And to performe these her wicked enterprises , conceived ( as appeareth ) of inveterate malice against our whole Countrey and Nation , caused ( without any consent or advise of the Councell and Nobility ) to coyn lead Money , so base , and of such quantity , that the whole Realme shall be depauperate , and all Traffique with forraigne Nations everted thereby . 6. Again , she so placeth and maintaineth against the pleasure of the Councell of this Realme , a stranger in one of the greatest Offices of credit in this Realme , that is in keeping of the Great Seal thereof , wherein great perills may be ingendred to the Common-weale , and Liberty thereof . 7. Further , lately sent the Great Seal forth of this Realme by the said stranger , against the advice of the said Councell , to what effect , God knoweth . 8. And hath also by this means altered the old Law and Custome of this our Realme , ever obser-served in the Graces and Pardons granted bo our Soveraigns to all their Lieges , being repentant of their offences committed against their Majesties , or the Lieges of the Realme . And hath introduced a new captious stile and form of the said Pardons and Remissions , conform to the practices of France , tending thereby to draw the said Lieges of this Realm , by processe of time , into a deceivable snare , and further shall creep in the whole subversion and alteration of the remanent Laws of this Realme , contrary to the Contents of the Appointment of Marriage . 9. And also Peace being accorded amongst the Princes , retaineth the great Army of strangers , after commandment sent by the King of France to retire the same , making excuse that they were retained for the suppressing the attempts of the Lieges of this Realme ; albeit the whole subjects thereof of all estates , is , and ever hath been readie to give all dutifull obedience to their Soveraignes , and their lawfull ministers proceeding by Gods Ordinance : And the same Army of strangers not being paid in wages , was laid by her upon the necks of the poor Commonalty of our native Countrey , who were compelled by force to defraud themselves , their wives and children , of that poor substance which they might purchase with the sweat of their brows , to satisfie their hunger and necessities , and quit the same to sustain the idle bellies of her strangers ; through the which , in all parts rose such heavy lamentation and complaint of the Commonalty , accusing the Counsell and Nobility of their sloth , that as the same oppression we doubt not hath entred in before the Justice Seat of God , so hath it moved our hearts to pity and compassion . And for redresse of the same , with other great offences committed against the publike weale of this Realme , we have convened here as said is : and as oftentimes before have most humbly and with all reverence desired and required the said Queen Regent to redresse the said enormities , and especially to remove her strangers from the necks of the poor Commonalty , and to desist from enterprising of fortification of Strengths within this Realme , against the expresse will of the Nobility and Councell of the same ; yet we being convened the more strong for fear of her strangers , who we saw presume no other thing , but with Arms to pursue our lives and possessions , Besought her to remove the fear of the same , and make the Town Patent to all our Soveraigne Lord and Ladies Lieges . The same in no wise would she grant unto , but when some of our company in peaceable manner went to view the Towne , there was both great and small Munition shot forth at them . And seeing therefore that neither accesse was granted to be used , nor yet she would joyn her self to us to consult upon the Affairs of our Common-wealth , as that we be borne Councellors to the same by ancient Laws of the Realme : But fearing lest the judgement of the Counsell would reform , as necessity required ▪ the aforesaid enormities , she refuseth all manner of assistance with us , and by force and violence intendeth to suppresse the Liberties of our Common-weale , and of us the favourers of the same . We therefore , so many of the Nobility , Barons , and Provests of our Boroughs , as are touched with the care of the Common-weale ( unto the which we acknowledge our selves , not onely borne , but also sworne Protectors and Defenders , against all and whatsoever invaders of the same ) and moved by the foresaid proceedings notorious , and with the lamentable complaint of oppression of our Commonalty , our fellow members of the same . Perceiving farther , That the present necessity of our Common-weale may suffer no delay , being convened ( as said is ) presently in Edinburgh , for support of our Common-weal , and ripely consulted and advised , taken the fear of God before our eyes , for the causes foresaid , which are notorious , with one consent and common vote . Every man in order his judgement being required , in the Name and Authority of our Soveraign Lord and Lady , suspend the said Commission granted by our said Soveraigne to the said Queen Dowager , discharging her of all Administration or Authority she hath , or may have thereby , unto the next Parliament ; to be set by our advice and consent : And that because the said Queen , by the foresaid faults notorious , declareth her selfe enemy to our Common-weale , abusing the Power of the said Authority , to the destruction of the same : And likewise we discharge all members of her said Authority from thenceforth ; and that no Coyn be coyned from thenceforth , without expresse consent of the said Councell and Nobility , conform to the Laws of this Realme , which we maintain , And ordaine this to be notified and proclaimed by Officers of Arms , in all head Boroughs within the Realm of Scotland . In witnesse of the which our common consent and free Vote , we have subscribed this present act of suspension with our hands , day , yeere , and place aforesaid . Sic subscribitur . By us the Nobility and Commons of the Protestants of the Church of Scotland . After that this our act of suspension was by sound of Trumpet divulgate at the Market-Crosse of Edinburgh , we dismissed the Herald with this Answer . MADAME , WE received your Answer , and heard the credit of Lion King of Armes , whereby we gathered sufficiently your perseverance in evil minde towards us , the glory of God , our Common-weale , and Liberty of our native Countrey . For safety of the which , according to our duty , we have in our Soveraign Lord and Ladies name suspended your Commission , and all administration of policie which you may pretend thereby , being most assuredly perswaded , That your proceedings are direct contrary to our Soveraigne Lord and Ladies will , which we ever esteem to be for the weale , and not for the hurt of this our Common-wealth . And as you will not acknowledge us our Soveraigne Lord and Lady , their true Barons , and Leiges for your Subjects and Counsel , no more will we acknowledge you for any Regent or lawfull Magistrate unto us , seeing , if any authority ye have by reason of our Soveraignes Commission granted unto you , The same for most worthy reasons is worthily suspended by us , in the name and authority of our Soveraigne , whose counsell we are of in the affaires of this our Common-weale . And forasmuch as we are determinate with hazard of our lives to set that Town at liberty wherein you have most wrongfully planted your Souldiers and strangers ; For the reverence we owe to your person , as mother to our Soveraigne Lady , we require your Highnesse to transport your person therefrom , seeing we are constrained for the necessity of the Common-weale , to follow the same by Arms , being denied oft the liberty thereof by sundry requisitions made oft before . Again , we desire you cause depart with you out of the said Town , any person having Commission in Embassie , if any such be , or in Lieutenantship of our Soveraigns , together with all French-men Souldiers , being within the same ( whose blood we thirst not , because of the old amity and friendship betwixt the Realme of France and us ; which amity by the occasion of the marriage of our Soveraigne Lady to the King of that Realm , should rather increase then decrease . ) And this we pray your Highnesse and them both to do , within the space of twenty foure houres , for the reverence we owe to your persons . And thus recommending our humble service to you , we commit your Highnesse to the eternall protection of God. At Edinburgh , the 24 of October 1559. Your Highnesse humble servitors The day following we summoned the Town of Leith by the sound of Trumpet , in forme as followeth . I Require and charge in the name of our Soveraign Lord and Ladie , and of the Counsell presently in Edinburgh , That all Scots and French-men of whatsoever estate and degree they be , depart out of the Towne of Lieth within the space of twelve houres , and make the same patent to all and sundry our Soveraigne Ladies Leiges : For seeing we have no such hatred at either the one or the other that we thirst the blood of any of the two , for the one is our naturall brother , born , nourished , and brought up within the bowels of one common Countrey , and with the other our nation hath continued long amity and allie , and hopeth that so shall do , so long as they use us as friends , and not strive to make slaves of friends , which this strengthening of our Towns pretendeth . And therefore most heartily desire , that one and the other to desist from fortifying or maintaining of this Town , in our Soveraignes and their said Councells name , requiring them to make the same free within the space of twelve houres . Defiance given , there was skirmishing , without great slaughter , preparation of Scales and Ladders was made for the Assault , which was concluded by common consent of the Nobility and Barons . The Scales were appointed to be made in Saint Giles Church , so that Preaching was neglected , which did not a little grieve the Preachers , and many godly with them . The Preachers spared not openly to say , That they feared the successe of that enterprise should not be prosperous , because the beginning appeared to bring with it some contempt of God and of his Word ; other places , said they , had been more apt for such Preparations , then where the people conveaned to Common-Prayers and unto Preaching . In very deed the audience was wonderfully troubled all that time , which ( with other disorder espied amongst us ) gave occasion to our Preachers to affirme , That God could not suffer such contempt of his Word and abuses of his Grace , long to be unpunished . The Queen had amongst us her assured espies , who did not onely signifie unto her what was our estate : but also what was our counsell , purposes , and devices . Some of our own company were vehemently suspected to be the very betrayers of all our secrets ; for a boy of the Officials of Lowthian , Master Iames Balfour , was taken carrying a Writ , which did open the most secret thing that was devised in the Councell ; yea , those very things which were thought to have been known but to very few . By such domesticall enemies were not onely our purposes frustrate , but also our determinations were oft times overthrowne and changed . The Dukes friends gave unto him such terrours , that he was greatly troubled , and by his feare , were troubled many others . The men of Warre ( for the most part were men without God or honesty ) made a mutiny , because they lacked a part of their wages . They had done the same in Linlithquow before , where they made a Proclamation , That they would serve any man , to suppresse the Congregation , and set up the Masse againe . They made a fray upon my Lord Argyles Hie-land men , and slew one of the principall men of his Chamber , who notwithstanding , behaved himselfe so moderately , and so studious to pacifie that tumult , that many wondered , as well of his prudent councell and stoutnesse , as of the great obedience of his company . The ungodly Souldiers in hatred of goodnesse and good men , continuing in their disorder , mocked the Laird of Tullibarne , and other Noble-men , who exhorted them to quietnesse . All these troubles were practised by the Queene , and put in execution by the Traitours among our selves : Who albeit then lurked , and yet are not manifestly noted , yet we doubt not but God shall make them knowne to their confusion , and to the example of others . To pacifie the men of Warre a collection was devised : But because some were poore , and some were niggards and avaritious , there could no sufficient sum be obtained . It was thought expedient that a Coyne-House should be made ; That every Noble-man should Coyn his Silver-work and Plate , to supply the present necessity . And there-through David Forresse , Iohn Hart and others , who before had charge of the Coyning-House , did promise their faithfull labours . But when the matter came to the very point , the said Iohn Hart and others of his faction stole away , and took with them the instruments apt for that purpose ; Whether this was done by the falshood and feeblenesse of the said Iohn , or the practising of others , is yet uncertaine . Rested then no hope amongst our selves , that any Money could be furnished : And therefore it was concluded by a few of those whom we judged most secret , That Sir Ralph Sadler and Sir Iames Crofts , then having charge at Barwick , should be tempted , If they would support us with any reasonable sum in that urgent necessitie . And for that purpose was the Laird of Ormeston directed unto them , in so secret manner as we could devise . But yet our counsell was disclosed to the Queen , who appointed the Lord Bothwell ( as himselfe confessed ) to wait upon the returning of the said Laird , as that he did with all diligence , and so being assuredly informed , by what way he came , the said Earle Bothwell foreset his way , and comming upon him unaware , did take him , after that he was evil wounded in the head , for neither could he get his ledd Horse , not his steele Bonnet ; with him was taken the sum of foure thousand Crowns of the Sun , which the forenamed Sir Ralph and Sir Iames most lovingly had sent for our support . By the brute hereof coming to our eares , our dolour was doubled , not so much for losse of the Money , as for the losse of the Gentlemen whom we suspected to have been slain , or at the least , that he should be delivered to the Queene hands . And so upon the sudden the Earle of Arrane , the Lord Iames , the Master of Maxwell , with the most part of the Horse-men , tooke purpose to pursue the said Earle Bothwell , if they might apprehend him in Crychton or Morhan , whitherto ( as they were informed ) he had retired himselfe after his treasonable act : We call his act treasonable , because that three dayes before he had sent his especiall servant , Master Michael Balfo●re , to us to Edinburgh , to purchase of the Lords of the Councell License to come and speak with us , which we granted , after that he had promised , That in the mean time he should neither hurt us , nor yet any to us appertaining , till that he should write his answer again , Whether that he would joyne with us or not . He gave us farther to understand , That he would discharge himselfe of the Queene , and thereafter would assist us . And yet in this meane time he cruelly and traiterously hurt and spoiled the Noble-man aforesaid . Albeit that the departure and counsell of the Earle of Arrane and Lord Iames , with their company aforesaid , was very sudden and secret , yet was the Earle Bothwell , then being in Crychton , advertised , and so escaped with the money which he tooke with himselfe , as the Captaine of his house Iohn Somerwaile ( which was taken without long pursuit ) confessed and affirmed ; Because that the Noble-men that sought redresse , sought rather his safetie and reconciliation , then destruction and hatred . They committed his house to the custodie of a Captain , to wit , Captain Forbesse . To whom , and to all Souldiers there left , was given a sharpe commandment , That all things found within the said house of Crychton ( which were put in inventory , in presence of the Lords ) should be kept till that the Earle Bothwell should give answer , Whether he would make restitution or not : time of advertisment was granted unto him , the whole day subsequent , till going down of the sun . In absence of the said Lords and horsemen ( we meane the same day that they departed , which was the last of October ) the Provest and Town of Dundie , together with some Souldiers , passed forth of the Town of Edinburgh , and carried with them some great Ordnance , to shoot at Leith . The Duke , the Earle of Glencarne , and the rest of the Noble-men were gone to the Preaching , where they continued almost till noone . The French being advertised by one named Clerk ( who after was apprehended ) that our horsemen were absent , and that the whole company were at dinner , issued , and with great expedition came to the place where our Ordnance was laid . The Town of Dundie with a few other , resisted a while , as well with the Ordnance as hakbuts , but being left by our ungodly and feeble Souldiers , who fled without stroke offered or given , they were compelled to give back , and so to leave the Ordnance to the enemies , who further pursued the fugitives , to wit , to the midst of the Canongate , and to the foot of Leith winde . Their cruelty began then to discover it selfe , for the maimed , the aged , the women and children , found no greater favour in their fury , then did the strong man , who made resistance . It was very apparant , that among our selves there was some treason . For when upon the first alarme all men made haste for reliefe of their brethren , whom in very deed we might have saved , and at least we might have saved the Ordnance , and have kept the Cannongate from danger . For we were once marched forward with bold courage , but then ( we say ) was a shout raised amongst our selves ( God will disclose the traitours one day ) affirming , That the whole French Company were entred in at Leith-winde upon our backs . What clamour and disorder did then suddenly arise , we list not to expresse with multiplication of words . The horsmen , and some of those that ought to have put order to others , over-rode their poor brethren at the entry of the nether Bow. The cry of discomfort arose in the Towne , the wicked and malignant blasphemed . The feeble ( amongst whom the Justice Clerk , Sir Iohn Ballenden was ) fled without delay . With great difficulty could they be kept in at the West Port. M. Gawan Hamilton cryed with a loud voice , Drinke now as ye have brewed . The French perceiving by the clamour of our fray , followed as said is , to the midst of the Cannon-gate , to no great number , but a twenty or thirty of their foot losse ; for in the mean time the rest retired themselves with our Ordinance . The Earle of Argyle and his men were the first that stopped the flying of our men , and compelled the Port to be opened after that it was shut . But in very deed , Lord Robert Stewart , Abbot of Halyrud-house was the first that issued forth ; after him followed many upon the backs of the French. At last came the Duke , and then was no man more busie , then was M. Gawan Hamilton aforesaid . The French burnt a Back-house , and took some spoile from the poor of the Cannon-gate . They slue a Papist , and a drunken Priest named Sir Thomas Sklaitter , an aged man , a woman giving suck , and her childe ; and of our Souldiers , to the number of ten : Certain were taken , amongst whom Captain Mowet was one , M. Charles Geddes , domestick to the Master of Maxwell . The Capt. of the Castle that day shot a Shot at the French , declaring them thereby friends to us , and enemy to them , but he suddenly repented of well-doing . The Queen glad of Victory , sate upon the Rampart , to salute and welcome her victorious souldiers : one brought a Kirtle , another a Petticoat , the third a Pot or Pan ; and of envy , more then womanly laughter , she asked , Where bought ye your ware ? Ie pense que vous l'aues achete sans argent . This was the great and motherly care which she took for the trouble of the poor subjects of this Realme . The Earle Bothwell lifted up in his owne conceit , by reason of this our repulse and discomfiture , utterly refused any restitution ; and so within two dayes after was his house spoyled , in which were no things of great importance , his Evidences , and certain Clothing excepted . From that day back the carriage of money was dejected , with great difficulty could men be retained in the Towne ; yea , some of the greatest estimation determined with themselves to leave the enterprise ; many fled away secretly , and those that did abide ( a very few excepted ) appeared destitute of counsell and manhood . The Master of Maxwell , a man stout and witty , foreseeing the danger , desired most gravely either to take such order , that they might remaine to the terrour of the enemy , or else that they should retire themselves with their Ordnance , and Banners displayed in order . But the wits of men being dashed , no counsell could prevaile . We continued from Wednesday the last of October , till Munday the fifth of November , never two or three abiding firme in one opinion the space of four and twenty houres . The pestilent wits of the Queens practisers did then exercise themselves ( God shall recompence their malicious craft in their owne bosome , we doubt not ) for they caused two godly and forward young men , the Lairds of Farnihaste and Cesfurd , who once had gladly joyned themselves with us , to with-draw themselves and their friends . The same they did to the Earle Morton , who promised to be ours , but did not plainly joyn . They enticed the Captain of the Castle to deny us support , in case we were pursued . And finally , the counsell of some was no lesse pestiferous against us , then was the counsell of Achitophel against David , and his discomfited souldiers . ( Render Lord to the wicked according to their malice . ) Upon Munday the fifth of November did the French issue out of Leith betimes in the morning , for keeping of the Victualls which should have come to us , we being troubled among our selves , and as said is divided in opinions , were neither circumspect when they did issue , neither yet did we follow with such expedition as had been meet for them that would have sought our advantage . Our souldiers could scarcely be driven forth of the Towne : The Earle of Arran , Lord Iames , and certain with them , made haste ; many honest men then followed , and made such diligence , that they caused the French once to retire somewhat affrayedly . The rest that were in Leith perceiving the danger of their fellows , issued out for their succour . The Earle of Arran and Lord Iames aforesaid , being more forward then prudent and circumspect , did compell the Captains , as is alleadged , to bring their men so nigh , that either they must needs have hazarded battell with the whole French-men ( and that under the mercy of their Cannons also ) or else they must needs retire in a very narrow corner : For our men were approached neer to Lestarrig : The one part of the French were upon the North toward the Sea , the other part marched from Leith to Edinburgh ; and yet they marched so , that we could have foughten with neither Company before that they should have joyned . We took purpose therefore to retire towards the Towne , and that in haste , left that the former Company of the French should either have invaded the Towne before that we could have come to the rescue thereof , or else have cut us off from the entry of the Abbey of Halyrud-house ; as apparantly they had done , if that the Laird of Grange , and Alexander Whitlaw , with a few Horse-men , had not stayed both their Horse-men and Foot-men . The Company which was next us perceiving that we retired , with speed sent forth their skirmishers , to the number of three or four hundred , who took us at a disadvantage , before us having the mire of Lestarrig betwixt us and them : and we were enclosed by the Park ditch , so that in no wise we could avoid their shot . The Horse-men followed upon our heels , and slue divers . Our own Horse-men over-rode our Foot-men ; and so by reason of the narrownesse of the place , there was no resistance made . The Earle of Arran , the Lord Iames , in great danger , lighted amongst the Foot-men , exhorting them to have some respect to order , and to the safety of their brethren , whom by their flying they exposed to murther , and so were criminall of their death . Captain Alexander Halyburnetoun , a man that feared God , tarried with certain of his Souldiers behinde , and made resistance , till that he was first shot , and then taken ; but being known , those cruell murtherers wounded him in divers parts to the death , and yet as it were by the power of God , he was brought in to the Towne , where in few , but yet most plaine words , he gave Confession of his Faith , testifying , That he doubted nothing of Gods mercy , purchased to him by the Blood of Christ Jesus , neither yet that he repented that it pleased God to make him worthy to shed his blood , and spend his life in defence of so just a Cause . And thus , with the dolour of many , he ended his dolour , and did enter ( we doubt not ) into that blessed Immortality , within two hours after our departure . There were slain to the number of twenty four or thirty men , the most part poor . There was taken the Laird of Pitmillie , the Laird of Pharnie younger , the Master of Bowchane , George Cuwell of Dundie , and some others of lower rank , Iohn Dumbar Lieutenant to Captain Movet , Captain David Murray had his horse slain , and himselfe hurt in the legge . Few dayes before our first departure , which was upon Alhallow Even , William Maitland of Lethington younger , Secretary to the Queen , perceiving himself not onely to be suspected as one that favoured our part , but also to stand in danger of his life , if he should remain amongst so ungodly a company ; for whensoever matters came in question , he spared not to speak his conscience : which liberty of tongue , and gravity of judgement , the French did highly disdain . Which perceived by him , he conveyed himself away in the morning , and tendred himself to M. Kirkcaldie Laird of Grange ; who coming to us , did exhort us to constancy , assuring us , That in the Queen there was nothing but craft and deceit . He travelled exceedingly to have retained the Lords together , and most prudently laid before their eyes the dangers that might ensue their departing from the Towne : but fear and dolour had so seized the hearts of all , that they could admit no consolation . The Earle of Arran , and the Lord Iames offered to abide , if any reasonable company would abide with them ; but men did so steal away , that the wit of man could not stay them : yea , some of the greatest determined plainly , That they would not abide . The Captain of the Castle , then Lord Erskin , would promise unto us no favour , but said , He must needs declare himself friend to those that were able to support and defend him . Which answer given to the Lord Iames , discouraged those that before determined to have abidden the uttermost , rather then to have abandoned the Towne , so that the Castle would have stood their friend : but the contrary declared , every man took purpose for himself . The complaints of the brethren within the Towne of Edinburgh was lamentable and sore : the wicked then began to spue forth the venome which then lurked in their cankred hearts : The godly , as well those that were departed , as the inhabitants of the Town , were so troubled , that some of them would have preferred death to life at Gods pleasure . For avoiding of danger , it was concluded , That they should depart at midnight . The Duke made provision for his Ordnance , and caused it to be sent before , but the rest was left to the care of the Captain of the Castle , who received it , as well that which appertained to the Lord Iames , as that of Dundie . The despightfull tongues of the wicked rayled upon us , calling us Traytors and Hereticks ; every one provoked other to cast stones at us : One cryed , Alas if I might see another defie given ; Give advertisement to the French-men , that they may come , and we shall help them now to cut the throats of these hereticks . And thus , as the sword of dolour passed thorow our hearts , so were the cogitations and former determinations of many hearts then revealed : For we would never have believed that our naturall Countrey-men and women could have wished our destruction so unmercifully , and have so rejoyced in our adversity ( God move their hearts to repentance ) for else we fear that he whose Cause we sustain , shall let them feel the weight of the yoke of cruell strangers , into whose hands they wished us to have been betrayed . We stayed not , till we came to Sterlin , which we did the day after that we departed from Edinburgh ; for it was concluded , that there consultation should be taken , What was the next remedy in so desperate a matter . The next Wednesday , which was the 7 of November , Iohn Knox preached ( Iohn Willock was gone into England , as before he appointed ) and treated of the 5 , 6 , 7 , and 8 Verses of the 80 Psalm , where David , in the person of the afflicted people of God , speaketh this in the fourth Verse : The Sermon of Iohn Knox in Sterlin , in the greatest of our trouble . O thou the eternall , the God of Hosts , how long shalt thou be against the prayer of thy people ? 5 : Thou hast fed us with the bread of tears , and hast given to us tears to drinke in great measure . 6. Thou hast made us a strife unto our neighbours , and our enemies laught us to scorne amongst themselves . 7. O God of Hosts , turne us againe , make thy face to shine , and we shall be saved , &c. This Psalme had the said Iohn begun in Edinburgh , as it were foreseeing our calamity , of which in very deed he did not obscurely speak , but he plainly did admonish us , That he was assured of troubles suddenly to come , and therefore he exhorted all men to prayers . He treated the first three Verses in Edinburgh , to the comfort of many . The Argument of the 80 Psalme . He declared the Argument of the Psalme , affirming for his judgement , That it was made by David himself , who in the Spirit of Prophesie foresaw the miserable estate of Gods people , especially after the ten Tribes were divided , and departed from the obedience of Iuda ; for it was not ( said he ) without cause , that Ioseph , Ephraim , Benjamin , and Manasse was especially named , and not Iuda ; to wit , Because that they came first to calamity , and were translated from their own Inheritance , while that Iuda yet possessed the Kingdome . He confessed that justly they were punished for Idolatry committed ; but he affirmed , That amongst them there remained some true worshippers of God , for whose comfort were the Prophets sent , as well to call them to repentance , as to assure them of deliverance , and of the promises of God to be performed unto them . The Division . He divided the Psalme into three parts ; to wit , 1. In a Prayer . 2. In the ground whereupon their Prayer was founded . 3. And in the lamentable complaints , and the Vow they made unto God. Their Prayer was , That God should convert and turne them , That he should make his face to shine upon them , And that he should restore them to their former dignity . The Grounds and Foundations of their Prayers were , 1. That God himself had become Pastor and Governour unto them . 2. That he had taken the protection of them into his own hand . 3. That he had chosen his habitation amongst them . 4. That he had delivered them from Bondage and Thraldome . 5. That he had multiplied and blessed them with many notable Benedictions . Upon those two parts he gave these Notes . First , That the felicity of Gods people may not be measured by any externall appearance ; for often it is , That the same people to whom God becometh not onely Creator , but Pastor and Protector , is more severely dealt with , then those Nations where very ignorance and contempt of God raigneth . Secondly , That God never made his acquaintance and league with one people by his Word , but that there he had some of his elect , who albeit they suffered for a time in the midst of the wicked , yet in the end they found comfort , and felt in very experience , that Gods promises are not vaine . Thirdly , That those prayers were dyted unto the people by the holy Ghost , before they came to the uttermost of trouble , to assure them that God , by whose Spirit the Prayer was dyted , would not contemne the same in the midst of their calamities . The third part , containing the lamenable complaint , he treated on in Sterlin , in presence of the Duke , and of the whole Councell . In the exposition thereof , he declared wherfore God in wisedom sometimes suffered his chosen Flock to be exposed to mockage and dangers , and to appearing destruction ; to wit , That they may feel the vehemency of Gods indignation , That they may know how little strength is in themselves , That they may leave a testimony to the Generations following , as well of the malice of the Devill against Gods people , as of the marvellous work of God in preserving his little flock by farre other means than man can espie . In explaning these words , How long shalt thou be angry , O Lord , against the prayer of thy people ; he declared how dolorous and fearfull it was to fight against that temptation , that God turned away his face from our prayers , for that was nothing else than to comprehend and conceive God to bee armed to our destruction : which temptation no flesh can abide nor overcome , unlesse the mighty Spirit of God interpose himself suddenly . The example he gave , The impaciency of Saul , when God would not hear his prayers . The difference betwixt the Elect and Reprobate in that Temptation , he plainly declared to be , that the Elect sustained by the secret power of Gods Spirit , did still call upon God , albeit he appeared to contemne their prayers : which ( said he ) is the sacrifice most acceptable to God , and is in a manner even to fight with God , and to overcome him , as Iacob did in wrastling with his Angell . But the Reprobate ( said he ) being denyed of their requests at Gods hand , do either cease to pray and contemne God , who straightlie commandeth us to call upon him in the day of adversitie , or else they seek at the Devill , that which they see they cannot obtain by God. 2. In the second part he declared how hard it was to this corrupt nature of ours not to rejoyce and put confidence in our selves when God giveth victory , and therefore how necessary it was that man by affliction should be brought to the knowledge of his own infirmitie ▪ least that he being puffed up with vain confidence , he make an Idoll of his owne strength , as did King Nebuchadnezzar . He did gravely dispute upon the nature of the blinde world , which in all ages had insolently rejoyced when God did chasten his own children , whose glory and honour because the Reprobate can never see , therefore they despi●e them , and the wondrous works of God in them . And yet ( said he ) the joy and rejoycing of the world , is but meer sorrow , because the end of it tendeth to sudden destructon , as the riotous banquetting of Baltasar declareth , applying these heads to the time and persons ( he said ) if none of Gods children had suffered before us the same injuries that presently we sustaine , these our troubles would appear intollerable , such is our tender delicacie , and selfe-love of our owne flesh . That these things which we lightly passe over in others , we can greatlie complaine of , if they touch our selves . I doubt not but that some of us have ofter then once read this Psalme , as also that we have read and heard the travell and troubles of our ancient Fathers . But which of us , either in reading or hearing their dolours and temptations did so discend into our selves that we felt the bitternesse of their passions ? I think none . And therefore hath God brought us to some experience in our own persons . But yet because the matter may appear obscure , unlesse it be more properly applyed ; I cannot in conscience but use such plainnesse as God shall grant unto me . Our faces are this day confounded , our enemies triumph , our hearts have quaked for fear , and yet they remain oppressed with sorrow and shame . But what shall we think to be the very cause that God hath thus dejected us ; if I shall say , Our sins , and former unthankfulnesse unto God , I speak the truth , but yet I speak more generally then the present necessity requireth : For when the sins of men are rebuked in generall , seldome it is that man descendeth within himself , accusing and condemning in himself that which most displeaseth God ; but rather he doubteth that to be a cause , which before God is no cause indeed . For example , The Israelites fighting against the Tribe of Benjamin , were twice discomfited with the losse of 40000 men . They lamented and bewailed both first and last ; but we finde not that they came to the knowledge of their offence and sin which was the cause that they fell by the edge of the sword , but rather they doubted that to have been a cause of their misfortune , which God had commanded , for they asked , Shall we go and fight any more against our brethren the sonnes of Benjamin . By which question it is evident , That they supposed that the cause of their overthrow and discomfite was , Because they had lifted the sword against their brethren and naturall Countrey-men : And yet the expresse Commandment of God that was given unto them , did deliver them from all crime in that cause . There is no doubt , but that there was some cause in the Israelites that God gave them so over into the hands of these wicked men , against whom he sent them , by his own expresse Commandment , to execute his Judgements . Such as do well mark the History , and the estate of that people , may easily see the cause why God was offended : All the whole people had declined from God , Idolatry was maintained by the common consent of the multitude , and , as the Text saith , Every man did that which appeared good in his own eyes . In this mean time the Levite complained of the villany that was done unto himself , and unto his wife , which oppressed by the Benjamites of Gibeah , died under their filthy lusts : which horrible fact enflamed the hearts of the whole people to take vengeance upon that abomination ( and therein they offended ) but in this they failed , That they go to execute judgement against the wicked without any repentance , or remorse of conscience of their owne former offences , and defection from God. And farther , Because they were a great multitude , and the other were far inferiour unto them : They trusted in their own strength , and thought themselves able enough to do their purpose , without any invocation of the Name of God : But after that they had twice proved the vanity of their own strength , they fasted and prayed ; and being humbled before God , they received a more favourable answer , and assured promise of the Victory . The like may be amongst us , albeit suddenly we do not espie it : And to the end that every man may the better examine himself , I will divide the whole company into two sorts of men . The one are those that from the beginning of this trouble have sustained the common danger with their brethren : The other be these which be joyned to our fellowship . In the one and in the other I fear that just cause shall be found , why God should thus have humbled us . And albeit that this appear strange at the first hearing , yet if every man shall examine himself , I speak as that his conscience dyteth him , I doubt not but he shall subscribe to my sentence . Let us begin at our selves who longest hath continued in this Battell . When we were a few number in comparison of our enemies , when we had neither Earle nor Lord ( a few excepted ) to comfort us , we called upon God , and took him for our Protector , Defence , and onely Refuge . Amongst us was heard no bragging of multitude , nor of our strength nor policy , we did onely sob to God to have respect to the equity of our Cause , and to the cruell pursuit of the tyrannicall enemy . But since that our number had been thus multiplied , and chiefly since the Duke with his friends have been joyned with us , there was nothing heard , but , This Lord will bring these many hundred Speares ; This man hath the credit to perswade this Countrey ; If this Earle be ours , no man in such bounds will trouble us . And thus the best of us all , that before felt Gods potent hand to our defence , hath of late dayes put Flesh to be our Arme. But wherein yet had the Duke and his friends offended ? It may be , That as we have trusted in them , so have they put too much confidence in their owne strength . But granting it be not so , I see a cause most just , why the Duke and his friends should thus be confounded amongst the rest of their brethren . I have not yet forgotten what was the dolour and anguish of my owne heart , when at Saint Iohnston , Cooper-Moure , and Edinburgh Craigs , those cruell murtherers that now hath put us to this dishonour , threatned our present destruction ; The Duke and his friends at all three Journeys was to them a great comfort , and unto us a great discouragement : For his name and authority did more astonish us , then did the force of the other ; yea , without his assistance , they could not have compelled us to appoint with the Queen upon so unequall Conditions . I am certaine , if the Duke hath unfainedly repented of that his assistance to those murtherers unjustly pursuing us : yea , I am certaine , if he hath repented of the innocent blood of Christs blessed Martyrs which was shed by his fault : But let it be , that so he hath done ( as I hear that he hath confessed his offence before the Lords and Brethren of the Congregation ) yet I am assured , That neither he , neither yet his friends , did feel before this time the anguish and grief of hearts which we felt , when their blinde fury pursued us ; and therefore hath God justly permitted both them and us to fall into this confusion at once ; us , for that we put our trust and confidence in man ; and them , because that they should feel their owne hearts , how bitter was the cup which they made others to drinke before them . Resteth that both they and we turn to the Eternall our God ( who beateth down to death , to the intent that he may raise up again to leave the remembrance of his wonderous deliverance , to the praise of his owne Name ) which if we do unfainedly , I no more doubt but that this our dolour , confusion , and fear , shall be turned into joy , honour , and boldnesse , then that I doubt that God gave Victory to the Israelites over the Benjamites , after that twice with ignominy they were repulsed and driven back : yea , whatsoever shall become of us and our mortall carkasses , I doubt not but that this Cause ( in despight of Sathan ) shall prevaile in this Realme of Scotland . For as it is the eternall Trueth of the eternall God , so shall it once prevaile , howsoever for the time it be impugned . It may be that God shall plague some for that they delight not in the Trueth , albeit for worldly respects they seem to favour it : Yea God may take some of his dearest children away before that their eyes see greater troubles . But neither shall the one nor the other so hinder this action , but in the end it shall triumph . This Sermon ended , in the which he did vehemently exhort all men to amendment of life , to Prayers , and to the Works of Charity , the mindes of men began wonderously to be erected : and immediately after dinner the Lords passed to counsell , unto the which the said Iohn Knox was called to make invocation of the Name of God ( for other Preachers were none with us at that time ) in the end it was concluded , That William Maitland aforesaid , should passe to London , to expose our estate and condition to the Queen and Counsell , and that the Noble-men should depart to their home and quiet to the 16 day of December : Which time was appointed to the next Convention in Sterlin , as in this our third Booke following shall be more amply declared . With this we end the second Book of the History of the progresse of Religion within Scotland . Look upon us , O Lord , in the multitude of thy mercies , for we are brought even to the deep of the dungeon . The end of the second Booke . THE THIRD BOOK OF The Progresse of true Religion WITHIN The Realme of SCOTLAND . AFter this our dolorous departing from Edinburgh , the fury and rage of the French increased , for then durst neither man nor woman that professed Christ Jesus within the Town be seen . The houses of the most honest men were given by the Queen to Frenchmen for a part of their reward . The Earle Bothwell by sound of Trumpet Proclaimed the Earle of Arrane Traitour , with other despightfull words , which all was done for the pleasure , and by the suggestion of the Queene Regent , who then thought the battell was wonne without further resistance . Great practising she made for obtaining of the Castle of Edinburgh . The French made their fagots with other preparations to assault the said Castle , either by force or else by Treason : But God wrought so mightily with the Captain , the Lord Erskin , at that time , that neither the Queen by flattery , nor the French by treason prevailed . Advertisement with all diligence past to the Duke of Guise , who then was King of France ( as concerning power to command ) requiring him to make expedition , if he desired the full conquest of Scotland ; Who delayed no time , but with a new Armie sent away his brother Marquis Dalbuif , and in his company Marticks , promising that he himselfe should follow . But the righteous God , who in mercy looketh upon the affliction of those that unfainedly sob unto him , fought for us by his own out-stretched arm : For upon one night upon the coast of Holland were drowned of them eighteen Ensignes , so that onely rested the Ship , in the which were two principals aforesaid , with their Ladies , who violently driven back to Deepe , were compelled to confesse , That God fought for the defence of Scotland . From England returned Robert Melvin , who past in company to London with the Secretary , a little before Christmas , and brought unto us certain Articles to be answered , as by the contract that after was made , more plainely shall appeare . Whereupon the Nobility assembled at Sterlin , and returned answer with diligence ; Whereof the French advertised , they marched to Linlithquow , spoiled the Dukes house , and wasted his lands of Kinneill , and after came to Sterlin , where they remained certaine dayes ( the Duke , the Earles of Argyle and Glencarn , with their friends passed to Glasgow . The Earle of Arrane and Lord Iames passed to Saint Andrews . For charge was given to the whole Nobility Protestants , to keepe their owne bodies , till that God should send them further support . ) The French tooke purpose first to assault Fyfe , for as it was their great indignation . Their purpose was to have taken and fortified the Towne and Abbey , with the Castle of Saint Andrews , and so they came to Culrosse , after to Dunfermeling , and then to Brunteiland , where they began to fortifie : but desisted there from , and marched to Kinghorn , upon the occasion as followeth . When certaine knowledge came to the Earl of Arrane and to Lord Iames , That the French were departed from Sterlin , they departed also from S. Andrews , and began to assemble their Forces at Cowper , and sent their men of War to Kinghorne , unto whom there resorted divers of the coast side , of minde to resist rather at the beginning , then when they had destroyed a part of their Townes . But the Lords had given an expresse commandment , That they should hazard nothing , till that they themselves were present . And for that purpose was sent unto them the Lord Ruthuen , a man of great experience , and inferiour to few in stoutnesse : In his company was the Earle of Sudderland , sent from the Earle of Huntly , as he alleadged , to comfort the Lord ▪ in their affliction . But others whispered , That his principall Commission was unto the Queen Regent . Howsoever it was , he was hurt in the arme by the shot of an Haquebut , for the men of War and the rascall multitude , perceiving certaine Boats of French-men landing , which came from Leith , purposed to stop their landing , and so not considering the enemies that approached from Brunteiland : unadvisedly they rushed downe to the Pretticure ( so is that Bay by West Kinghorne called ) and at the sea coast began the skirmishing . But they never took heed to the enemy that approached by land , till that the horsemen charged them upon the backe , and the whole bands came directly in their faces , and so were they compelled to give back with the losse of six or seven of their men , and with the taking of some , amongst whom were two that professed Christ Jesus , one named Paul Lambert , a Dutch man , and a French boy , fervent in Religion , and clean of life , whom in despight they hanged over the Steeple of Kinghorne . Thou shalt revenge , O Lord , in thy appointed time . The cause that in so great a danger there was so small a losse , next unto the mercifull providence of God , was the sudden coming of my Lord Ruthuen ; for even as our men had given back , he and his Company came to the head of the Bray , and did not onely stay the French-men , but also some of ours brake upon their Horse-men , and so repulsed them , that they did no further hurt to our Foot-men . In that recounter was the Earle of Sudderland foresaid shot in the arme , and was carried back to Cowper . The French-men took Kinghorne , where they lay and wasted the Country about , as well Papists as Protestants ; yea , even those that were confederate with them , such as Seafield , Weames , Balmowto , Balwearie , and others , enemies to God , and traytors to their Countrey ; of those ( we say ) they spared not the Sheep , the Oxen , the Kine , and Horses , and some say that their wives and daughters gat favour of the French Souldiers , and so did recompence the Papists in their own bosoms ; for besides the defiling of their houses , as said is , two of them received more damage , then did all the Gentlemen that professed the Gospel within Fyfe , the Laird of Grange onely excepted , whose house of the Grange the French-men overthrew with Gun-Powder . The Queen Regent proud of this Victory , burst forth into her blasphemous railing , and said , Where is now John Knox his God ? my God is now stronger then his , yea even in Fyfe . She posted to her friends in France newes that thousands of the hereticks were slain , and the rest were fled , and therefore required that some Noble-man of her friends would come and take the glory of that Victory . Upon that information was Marticks with two Ships , and some Captains and Horses directed to come into Scotland , but little to their own advantage , as we shall after hear . The Lords of the Congregation offended at the foolishnesse of the rascall multitude , called to themselves the men of War , and remained certaine dayes at Cowper , unto whom repaired Iohn Knox , and in our greatest desperation Preached unto us a most comfortable Sermon : his Text was , The danger wherein the Disciples of Christ Iesus stood when they were in the midst of the Sea , and Iesus was upon the mountain . His Exhortation was , That we should not faint , but that we should still row against the contrarious blasts , till that Jesus Christ should come ; for , said he , I am assuredly perswaded that God will deliver us from this extreme trouble , as that I am assured , That this is the Gospel of Jesus Christ , which I preach unto you this day . The fourth watch is not yet come , abide a little , the Boat shall be saved , and Peter , which hath left the Boat , shal not drown . I am assured , That albeit I cannot assure you by reason of this present rage , God grant that ye may acknowledge his hand , after that your eyes have seen his deliverance . In that Sermon he comforted many , & yet he offended the Earl of Arran ; for in his discourse upon the manifold assaults the Church of God sustained , he brought for example the multitude of strangers that pursued Iehosaphat after he had reformed Religion . He spake of the fear of the people , yea , and of the King himself at the first . But after he affirmed , that Iehosaphat was stout ; and to declare his courage in his God , he comforted his people and his Souldiers ; he came forth in the midst of them , he spake lovingly unto them . He kept not himselfe ( said he ) enclosed in his chamber , but frequented the multitude , and rejoyced them with his presence , and godly comfort . These and the like sentences took the said Earle to be spoken in reproach of him , because he kept himself more close and solitary then many men would have wished . After these things , determination was taken , That the Earle of Arrane , and Lord Iames , with men of War , and some Companies of Horse-men , should go to Disert , and there lie to wait upon the French , to stop them from destroying the Sea-coast , as they intended utterly to have done . The said Earle , and Lord Iames did as they were appointed , albeit their Company was very small ; and yet they did so valiantly , that it passed almost credit ; for twenty and one dayes they lay in their clothes , their Boots came never off : They had skirmishing almost every day , yea , some days from morning to night . The French were four thousand Souldiers , besides their favourers and faction of the Countrey . The Lords were never together five hundred Horse-men , with an hundred Souldiers , and yet they held the French so busie , that for every horse was slain to the Congregation , they lost four French Souldiers . William Kirkcaldie of Grainge , the day after that his house was cast down , sent his defiance to Monsieur Dosell , and unto the rest , declaring that to this hour he had used the French favourably , yea he had saved their lives , when that he might have suffered their throats to have been cut ; but seeing they had used him with that rigour , let them not look for the like favours in time to come . And unto Monsieur Dosell he said , He knew that he should not get him in skirmishing , because he knew he was a very coward : but it might that he should quite him a common either in Scotland , or else in France . The said William Kirkcaldie , and the Master of Lindsay , escaped many dangers . The Master had his horse slain under him ; and William was almost betrayed in his house at Halyards . But yet they never ceased , for night and day they waited upon the French : They laid themselves in a secret place with some Gentlemen before the day to wait upon the French , who used commonly to issue in Companies to seel● their prey : And so came forth one Captain Batu with his hundred , and began to spoyle ; whom the Master , after Lord Lindsay , and William suffered , without declaration of themselves , or of their Company , till that they had them more then a mile from Kinghorne , and then began the horse-men to break ; which perceived , the French altogether drew to a place called Glames house , and made for debate ; some took the house , other defended the Court and Yards : The hazard appeared very unlikely , for our men had nothing but Spears , and were compelled to light upon their feet : The other were within ditches , and every man had a Culverin ; the shot was fearfull to many , and divers were hurt , amongst whom was Robert Hamilton , and David Kirkcaldie , brother to the said Laird , who both were supposed to have been slain : the said Laird perceiving men to faint , and begin to recule , said , Fie , let us never live after this day , that we shall recule for French scybalds and rascals . And so the Master of Lindsay and he burst in at the gate , and others followed . The Master struck with his Spear at la Bartu , and glasing upon his harnesse , for fear stumbled upon his knees ; but recovering suddenly , he fastned his Spear , and bare the said Captain backward , who because he would not be taken , was slain , and fifty of his Company with him . Those that were in the house , with some others , were saved , and sent to Dundie to be kept . This mischance to the French-men , made them to be more circumspect in straying and wandring abroad into the Countrey , and so the poor people gat some relief . To furnish the French with Victualls , was appointed Capt. Culan , with two ships , who travelled betwixt the South shore and Kinghorne for that purpose : For his wages he spoyled Kinghorne , Kirkcaldie , and so much of Disert as he might . For remedy whereof , were appointed two Ships from Dundie , Andrew Sands , a very stout and fervent man in the Cause of Religion , was the principall . This same time arrived Martickes , who without delay landed himself , the Coffers , and the principall Gentlemen that were with him , at Leith , leaving the rest in the Ships till better opportunity : But the said Andrew and his company striking Sayl , and making as they would cast Ankor hard beside them , boarded them both , and carried them to Dundie : in them were gotten some horses , and much harnesse , with some other trifles , but of money we heard nought . Hereat the French offended , avowed the destruction of Saint Andrews and Dundie , and so upon a Munday in the morning , the thirteenth of Ianuary , they marched from Disert , and passed the water of Levin , ever keeping the Coast , by reason of their Ships and Victualls , as said is : about noon they espied Ships ( which were seen that morning by us that were upon the land , but were not known ) Monsieur Dosell affirmed them to be French Ships , and so the Souldiers triumphed , shot their Volley for a salve , and marched forward to Kingcraig , fearing no resistance . But shortly after , the English Ships met with Captain Culen , and seized upon him and his Ships , which made them a little to muse . Then suddenly came M. Alexander Woode , who had been upon the Admirall , and assured Monsieur Dosell that they were English men , and that they were the forwarners of a greater number that followed , who were sent for support of the Congregation . There might have been seen pulling of beards for anger , and might have been heard such despight as cruell men use to spue forth when God bridleth their fury . Wearinesse and the night constrained them to lodge there : They supped scarcely , because their Ships were taken , in the which were their victualls and Ordnance , which they intended to have placed in Saint Andrews . They themselves durst not stray abroad to seek , and the Laird of Wemes carriages , which likewise was coming with furnishing unto them , were stayed . And therefore betimes in the morning they retired towards Kinghorne , and made more expedition in one day in returning , then they did in two in marching forward . The storm which had continued neer the space of a moneth , brake in the time of their returning , whereby many thought that they should have been stayed , till that reasonable company might have been assembled to have foughten with them . And for that purpose did William Kirkcaldie cut the Bridge of Tullibody : But the French , expert enough in such feats , took down the Roof of a Parish Church , and made a Bridge over the same water called Donane , and so they escaped , and went to Sterlin , and thereafter to Leith ; yet in their returne they lost divers , amongst whom there was one whose miserable end we may rehearse . As the French spoyled the Countrey in their returning , one Captaine or Souldier , we cannot tell , but he had a red Cloke , and a gilt Murriow , entred upon a poor woman that dwelt in the white side , and began to spoyle . The poore woman offered unto him such bread as she had ready prepared , But he in no wise therewith content , would have the Meale , and a little salt Beef which the poore woman had to sustain her owne life , and the lives of her poor children ; neither could tears , nor pitifull words , mitigate the mercilesse man , but he would have whatsoever he might carry . The poore woman perceiving him so bent , and that he stooped downe in her Tub , for the taking forth of such stuffe as was within it , first coped and turned up his heels , so that his head went downe . And thereafter , whether by her self , or if any other company come to help her , but there he ended his unhappy life , God so punishing his cruell heart , who could not spare a miserable woman in that extremity . Let all such Souldiers receive such reward , O Lord , seeing that thou onely art the revenger of the oppressed . And now , because that from this time forward frequent mention will be made of the comfortable support that we in our greatest extremity received by Gods providence from our neighbours of England , we thinke it expedient simply to declare by what instruments that matter was first moved , and by what means it came to passe that the Queen and Councel of England , shewed themselves so favourable unto us . As Iohn Knox had fore-warned us by his Letters from Geneva , of all dangers that he foresaw to ensue our enterprise ; so when he came to Deipe , mindefull of the same ; and resolving with himself , what remedy God would please to offer , he took boldnesse to write to Sir William Cecil , Secretary of State in England , with whom the said Iohn had been before familiarly acquainted , intending thereby to renew acquaintance , and so to open further of his minde . The tenor of his first Letter follows : The spirit of Iudgement , Wisedome , and Sanctification , I wish unto you , by Iesus Christ. AS I have no pleasure with long writing to trouble you ( Right Honorable ) whose minde I know to be taken up with most grave matters , so I minde not greatly to labor by long Preface , to conciliate your favors , which I suppose I have already ( howsoever rumors brute the contrary ) as the favour it becometh one member of Christs Body to have of another : The contents therfore of my present Letter shall be absolved in 2 points : In the former , I purpose to discharge in few words my conscience towards you : And in the other , sum what must I speak , for my own defence , and in defence of that poor Flock of late assembled in the most godly reformed Church and City of the world , Geneva : To you , Sir , I say , that as from God you have received , life , wisdom , honours , and the present estate in the which you now stand , so ought you wholly to apply the same to the advancement of his glory , who onely is the author of life , the fountain of wisdom , and who most assuredly doth and wil honor & glorifie them that with simple hearts do glorifie him ; which alas in times past you have not done , but being overcome with common iniquity , you have followed the world , in the way of perdition : for to the suppressing of Christs true Evangel , to the erecting of Idolatry , and to the shedding of the blood of Gods most deare Children ; Have you by silence consented and subscribed this your most horrible defection from the knowne Trueth , and once professed , hath God to this day mercifully spared ? Yea , to mans judgement he hath utterly forgotten , and pardoned the same : He hath not dealt with you as he hath done with others ( of like knowledge ) whom in his anger ( but yet most justly according to their deserts ) he did shortly strike after their desertion : But you , guilty in the same offences , hath he fostered and preserved , as it were in his owne bosome , during the time of that most miserable thraldome , of that professed enemy of God , mischievous Mary : And now hath set you at such liberty , as the fury of Gods enemies cannot hurt you , except that willingly against his honour , you take pleasure to conspire with them . As this benefit which you have received is great , so must Gods Justice require of you a thankfull heart ; For seeing that his Mercie hath spared you , being Traitour to his Majestie ; Seeing further , That amongst your enemies he hath preserved you ; And last , seeing , although worthy of hell , he hath promoted you to honour and dignity ; of you must he require ( because he is just ) earnest repentance for your former defection ; and heart mindfull of his mercifull providence , and a will so ready to advance his glory , That evidently it may appeare , that in vaine you have not received these graces of God ; to performance whereof , of necessity it is , That carnall wisdome and worldly policie ( to the which both , you are bruted too much inclined ) give place to Gods simple and naked Trueth : very love compells me to say , That except the Spirit of God purge your heart from that venome , which your eyes have seen to have been destruction to others , that you shall not long escape the reward of dissemblers . Call to minde what your eares heard Proclaimed , in the Chappell of S. Iames , when this Verse of the first Psalme was handled , Not so , O wicked , not so , but as the dust which the winde tosseth , &c. And consider , that now you travell in the same way which then they did occupie , to speak plainely , now you are in that estate and credit , in the which you shall either comfort the sorrowfull and afflicted , for righteousnesse sake , or else you shall molest or oppugne the Spirit of God speaking in his Messengers ; the Comforters of the afflicted for godlinesse , hath promise of comfort , in their greatest necessities : but the troubles of Gods servants ( how contemned that ever they appeare before the world ) are threatned to have their Names in execration to the posterities following . The examples of the one and of the other , are not onely evident in Scriptures , but also have been lately manifested in England . And this is the conclusion of that , which to your self , I say , except that in the cause of Christs Evangell , you be found simple , sincere , fervent , and unfained , you shall taste of the same cup , which politick heads have drank in before you . The other Point concerning my self , and that poore flock now dispersed , and as I heare say , rudely used , is this ; By divers Messengers I have requested such Priviledges as Turkes commonly do grant to men of every Nation ; to wit , That liberty should be granted to me freely to passe through England , to the end that with greater expedition I might repaire towards my owne Countrey , which now beginneth to thirst for Christs Trueth . This request I thought so reasonable , that almost I had entered the Realme , without license demanded ; and yet I understand that it hath been so rejected , that the soliciters thereof , did hardly escape imprisonment ; and some of that poore flocke I heare to be so extreamely handled , That those who most rudely have shed the blood of Gods most deare Children findes this day amongst you greater favours , then they do ; Alas , this appeareth much to repugne to Christian Charity : for whatsoever hath been mine offence , this I fear not to affirme in their cause ; That if any that hath suffered exile in those most dolorous dayes of persecution , deserve praise and commendation , for Peace , Concord , sober and quiet living , it is they . And as for me , how criminall that ever I be in Gods presence , for the multitude of my sins ; yet before his Justice-seat I have a testimonie of a cleare Conscience , That since my first acquaintance with England , willingly I never offended person within it , except in open Chaire , to reprove that which God condemneth , can be judged offence : but I have ( say you ) written a Treasonable Book against the regiment and Empire of women ; If that be my offence , the poore flock is innocent ( except such as this day do fastest cry Treason ) For Sir ( in Gods presence I do write ) with none in that company did I consult before the finishing of the same . Therefore in Christs Name I require , That the blame may be upon me alone . The writing of that Book I will not deny , but to prove it Treasonable , I think it shall be hard ; for Sir , No more do I doubt of the Trueth of my Proposition , then that I doubt that this was the voice of God , which first did pronounce this penaltie against women ; In dolour shalt thou beare thy children . It is bruited , That my book is , or shall be written against , or answered : If so be Sir , I greatly feare , That flatterers shall more hurt then helpe the matter which they would seem to maintaine ; for except my errour be plainly shewne and confuted , by better authority then by such Lawes as from yeere to yeere may and do change , I dare not promise silence in so weighty a businesse ; lest that in so doing , I shall appeare to betray the Verity which is not subject to the mutabilitie of time . And if any thinke me either enemy to the person , or yet to the Regiment of her , whom God hath now promoted , they are utterly deceived in me , for the miraculous Work of God , comforting his afflicted by an infirme vessell , I do acknowledge , and I will obey the power of his most potent hand ( raising up whom best pleaseth his Mercy , to suppresse such as fight against his glory ) albeit that both nature , and Gods most perfect Ordinance repugne to such Regiment . More plainly to speak , If Queen Elizabeth shall confesse , That the extraordinary dispensation of Gods great mercy , makes that lawfull unto her , which both nature and Gods Lawes do deny unto all women ; then shall none in England be more willing to maintaine her lawfull authority then I shall be : But if ( Gods wondrous worke set aside ) she ground ( as God forbid ) the justnesse of her Title upon consuetude Lawes and Ordinances of men : Then I am assured , That as such foolish presumption doth highly offend Gods supreame Majestie ; so do I greatly feare , That her ingratitude shall not long lacke punishment . And this in the name of the eternall God , and of his Son Jesus Christ ( before whom , both you and I shall stand to make an account of all counsell we give ) I require you to signifie unto her Majestie , in my name ; Adding , That onely humility and desertion of her selfe before God , shall be the firmenesse and stability of the Throne , which I know shall be assaulted mo wayes then one . If this you conceale from her Majestie , I will make it patent to the world , That thus farre I have communicated with you ; having also further to speak , if my judgement may be heard . Alas , Sir , is my offence ( although in that time , and in that matter , I had written ten Bookes ) so hainous , that I cannot have Licence , by Preaching of Christ Jesus , to refresh those thirsty soules , which long have lacked the Water of Life : No man will I presently accuse , but I greatly feare , That the Leprous have no gre●t pleasure to behold faire faces in cleare glasse : Let none be afraid , that I require to frequent the Court , or yet to remaine any long time in England ; but onely thirsts , in passing thorow to my native Countrey , to communicate with you , and some others , such things as willingly I list not to commit to Paper , neither to the Credit and knowledge of many . And then in the North parts to offer Gods favours , to such as I suppose do mourne for their desertion . And this , I trust , shall be no lesse profitable to the Queen , and to all godly within England , then it should be pleasing to me in the flesh . This is the third time that I have begged Licence to visite the hungry and thirstie amongst you , which if now be denied , as before God , I have a testimonie , that I seek not for my selfe , but the advancement of Christs Evangell , and the comfort of such , as whom I know afflicted : so shall the godly understand that England in refusing me refuseth a friend , how small that ever the power be . The mighty Spirit of the Lord Jesus moove your heart deeply to consider your dutie unto God , and the estate of that Realme , in which by his appointment you now serve . From Deepe , the 10 of April , 1559. Yours to command in godlinesse , Iohn Knox. To this Letter was no answer made : for shortly the said Iohn Knox made forward to Scotland by sea , when he landed the third of May , and had such successe , as is in the second book declared . The said Iohn being in S. Andrews , after Cowper-Moore , entred in deep discourse with the Laird of Grange ; the danger is very evident , but the support was not easie to be seen . After many words Iohn Knox burst forth as followeth ; If England would foresee their own commodity , yea , if they would consider the danger wherein themselves stand , they would not suffer us to perish in this quarrell ; for France hath no lesse decreed the conquest of England then of Scotland . After long reasoning , it was concluded betwixt them two , That support should be craved of England : And for that purpose the said Laird of Grange , first wrote to Sir Henry Percie , and after rode from Edinburgh and spake with him ; to whom he made so plaine demonstration of the danger appearing to England , that he tooke upon him to write to Secretarie Cecil , who with expedition returned answer back again , giving him to understand , That our enterprise altogether misliked not the Councell , albeit that they desired further resolution of the principall Lords . Which thing understood , it was concluded to write to him plainely our whole purpose . The tenour of our Letter was this : The first Letter to Sir William Cecill , from the Lords of the Congregation . THe contents of a Letter directed by you ( right Worshipfull ) to Sir Henry Percie , was notified unto us by Master Kirkcaldie of Grange this Sunday the 26 of July : By the which we perceive that the said Laird of Grange , of zeale , and faithfull heart which he beareth to the furtherance of this our great , and before the world , dangerous enterprise , hath travelled with you , as with an unfained favourer of Christs true Religion , and of the libertie of our Countrey , for knowledge of your mindes towards us , in case that we be assaulted by any forraigne invasion , or greater power then we be well able to resist . Your comfortable answer to this question we have considered , to our joy and comfort , as also your motions , and what you demand ; To wit , What the Protestants within this Realme do purpose ; To what end we mean to direct our actions ; How we will , and how we be able to accomplish the same ; What doubts we have of any adversary power ; And finally , in case that support should be sent from you , What manner of amity might ensue betwixt these two Realmes , &c. To the which , in briefe , we answer ; That our whole and onely purpose ( as God knoweth ) is to advance the glory of Christ Jesus , the true Preaching of his Gospel within this Realme . To remove superstition , and all sort of externall Idolatry , to bridle to our powers the fury of those that heretofore have cruelly shed the blood of our brethren ; and to our uttermost , to maintaine the liberty of this our Countrey from the tyrannie and thraldome of strangers , as God shall assist us . How we be able to accomplish these premises , is to us unknown , onely our hope is good , That he that hath begun this good worke in us , and hath by his power to this houre confounded the faces of our adversaries will performe the same to his glory , which chiefly we seek in this our enterprise . Because we suppose , That neither our present danger , neither yet the warlike preparation which France maketh against us , are hid from you , nor from the counsell , we omit that part . As touching the assurance of a perpetuall amity to stand betwixt these two Realmes : As no earthly thing of us is more desired , so crave we of God to make us the instruments , by which this unnaturall debate which long hath continued betwixt us may once be composed , to the praise of Gods Name , and to the comfort of the faithfull in both Realms . And if your wisedoms can foresee and devise the means and assurances how the same may be brought to passe , perswade your selves not onely of our consent and assistance , but also of our constancy , as men can promise , unto our lives end . Yea farther , of charge and commandment by us to be left to our posterity , That the Amity betwixt us ( in God ) contracted and begun , may be by them kept inviolate for ever . As for the revolting from you to France , which ye seem to fear and suspect at their pleasure , we utterly abhorre that infidelity ; for now doth the voyce of God continually sound in our ears , That such as prophane the terrible and reverent Name of God , shall not escape vengeance . Our Confederacy , Amity and League shall not be like the Pactions made by worldly men , for worldly profit ▪ but as we require it for Gods Cause , so will we call upon his Name for the observation of the same . Moreover , if we should lack any thing in Temporall commodity , yet should we never have occasion to returne to them : for we now perceive and feel the weight of their yoke , and intend ( by Gods grace ) to cut away such instruments as by whom this Realme was before abused . True it is , That as yet we have made no mention of any change in Authority , neither yet were we minded to do any such thing , till extreme necessity compelleth us thereto . But seeing it is now more then evident , That France , and the Queen Regent here , with her Priests , pretendeth nothing but the suppressing of Christs Gospel , the ruine of us , and the subversion of this poor Realme , committing our innocency to God , and unto the judgement of all godly and wise men , we are determined to seek the next remedy ; in which we heartily require your counsell and assistance . And thus farre we have enterprised to make you participant of our purpose , because in the said Letters ye required the said Master Kirkcaldie some farther assurance then his owne word or writing , which we doubt not but ye shall shortly receive , from more then from us . We dare not hastily make the Assembly , neither of Nobles , neither of Barons , privie in this Cause , for dangers that may ensue by policie and craft of the adversaries ; your wisdom , we doubt not , will communicate these onely with such as ye know favourers of such a godly Conjunction . It should much help , in our opinion , if the Preachers , both in perswasion , and in publike Prayers ( as ours do here ) would commend the same unto the people . And thus , after our most humble commendations to the Queenes Majestie ( whose Raigne we wish may be prosperous and long , to the glory of God , and comfort of his Church ) we heartily commit you to the protection of the Omnipotent . From Edinburgh the 17 of Iuly , 1559. With this our Letter Iohn Knox wrote two , one to the said Secretary , and another to the Queens Majesty her self : The Tenour whereof follows thus : Iohn Knox his second Letter to M. Cecile , for the delivery of one other to the Queen . SIR , AFter my humble commendations , please you deliver this other enclosed to the Queen : It containeth a few and simple words of my Confession what I think of her Authority , how it is just , and what may make it odious in Gods presence . I hear that there is one Confutation set forth against the first blast ; God grant that the writers thereof have no more sought the favours of this present world , no lesse the glory of God , and the stable good of his Countrey , then he who enterprised in that blast to utter his conscience . When I shall have time ( which now is somewhat precious unto me ) to peruse that work , I will communicate my judgement with you . The time is now , Sir , that all , who either thirst for Christ to raigne in this Isle , or yet the hearts of the Inhabitants be joyned together in love unfained , ought rather to study how the same might be brought to passe , then vainly to travell for the maintenance of that , whereof already we have seen the danger , and feel the smart : If the most part of women be wicked , and such as willingly we would not should raigne over us : And if the most godly , and such as have are graces , be yet mortall , we ought to take heed , lest in establishing of one judged godly , and profitable to her Countrey , we make an Interest and Title to many ; by whom not onely will the Truth be impugned , but also will the Countrey be brought into bondage . God give you , and other favourers of your Countrey eyes to see , and wisedome to avoid the dangers appearing . By divers Letters I have required license to have visited the North parts of England , but as yet I have received no favourable answer . The longer , Sir , this it be delayed , the lesse comfort will the faithfull there receive ; yea , the weaker will the Queens favour be : If I were not an unfained friend to her Majestie , I would instantly beg such liberty ; which to me , I know , will neither be profitable nor pleasing in the flesh . The common things here , I doubt not you know : some things I have ( as often times I have written ) which gladly I would communicate , but I minde not to commit them to Paper and Inke ; finde therefore the means that I may speake with such a one as you will credit in all things . The grace of the Lord Jesus Christ rest with you . I heartily beseech you to have my service recommended to the Queens Majesty , adding , That whosoever maketh me odious to her Majestie , seeketh somewhat besides the glory of God , and her Majesties prosperity , and therefore cannot be assured and unfained friends from , &c. The Letter sent from the said Iohn to the Queens Majestie of England , being enclosed in the foresaid M. Ceciles Letter . To the vertuous and godly Elizabeth , by the Grace of God , Queen of England : John Knox desireth the perpetuall comfort of his holy Spirit . MADAME , AS your Majesties displeasure against me , most unjustly conceived , hath been and is to my wretched heart a burden grievous , and almost intolerable , so is the testimony of a clear conscience to me a stay and uphold , that I sinke not in despair , how vehement soever the temptations appear : For in Gods presence , my conscience beareth me record , That maliciously , nor of purpose , I never offended your Majesty , nor your Realme : And therefore , howsoever I be judged of man , I am sure to be absolved of him , who onely knoweth the secrets of hearts . I cannot deny the writing of a Book against the usurped Authothority , and unjust Regiment of Women ; neither yet am I minded to recant , or call back any principall Point or Proposition of the same , till truth and verity do further appear . But why that your Majesty , or any such , who unfainedly favour the liberty of England , be offended at the Author of such a Work , I can perceive no just occasion : For first , my Book touched not your Majesties Person in speciall , neither is it prejudiciall to any Liberty of the Realme , if the time of my writing be indifferently considered . How could I be enemy to your Majesties Person , for delivery whereof , I did more studie , and undertake further , then any of those who now accuseth me ? And as concerning your Government , How could or can I envy that ? which most I have wished for , and for which ( as my weak memory will suffer ) I render thanks unfainedly to God , to wit , That it hath pleased him of his eternall goodnesse to exalt your head ( which sometime was in danger ) to the manifestation of his glory , and extirpation of Idolatry . And as for my offence , which I have committed against England , either by writing that Book , or by any other work , I will not refuse that moderate and indifferent men judge and discerne betwixt me , and those that accuse me , viz. Whether of the parties do most hurt to the Liberty of England : I , who affirme that no woman may be exalted above any Realme , to make the Liberty of the same thrall , and subject to a strange , proud , and cruell Nation : Or they , that approve whatsoever pleaseth Princes for the time . If I were as well disposed to accuse , as some of them ( to their own shame ) have declared themselves , I nothing doubt , but that in few words I should let reasonable men understand , That some that this day lowly crouch and bow to your Majestie , and labour to make me odious in your eyes , did in your adversity neither shew themselves faithfull friends to your Majesty , neither yet so loving and carefull of the native Countrey , as they would be esteemed . But omitting the accusation of others , for my owne purgation , and your Majesties satisfaction , I say , That nothing contained in my book , is or can be prejudiciall to your Majesties just Regiment , providing that you be not found ungrate unto God , ungrate you will be proved in the presence of his Throne ( howsoever that flatterers justifie your fact ) if you transfer the glory of that honour in which you now stand , to any other thing , then to the dispensation of his mercy , which onely maketh that lawfull to your Majestie , which Nature and Law denieth to all women , to command and bear rule over men . Neither would I that your Majesty should fear , That this your humiliation before God , should in any case infirm or weaken your Majesties just and lawfull Authority ; Nay , Madame , such unfained confession of Gods benefits received , will be the establishment of the same , not only to your self , but also to your seed and Posterity : Where contrariwise , a proud conceit , and elevation of your self , will be the occasion that your Raigne will be unstable , troublesome , and short . God is witnesse , That unfainedly I both love and reverence you Majestie ; yea , I pray that your Raigne may be both prosperous and quiet , and that for the quietnesse which Christs Members , before persecuted , have received under you . But yet if I should flatter your Majesty , I were no friend , but a deceivable traytor ; and therefore in conscience I am compelled to say , That neither the consent of the people , the processe of time , nor multitude of men , can establish a Law which God shall approve ; but whatsoever he approveth by his Eternall Word , that shall be approved , and stay constantly firme ; and whatsoever he condemneth , shall be condemned , though all men on earth should travell for the justification of the same . And therefore , Madame , the onely way to retain and keep the benefits of God , abundantly of late dayes poured upon you and your Realme , is unfainedly to render unto God , to his mercy , and undeserved grace , the whole glory of this your exaltation , forget your Birth , and all Title which hereupon doth hang ; and consider deeply , How for fear of your life you did decline from God , and bow to Idolatry , going to Masse under your sister Mary her persecution of Gods Saints : Let it not appear a small offence in your eyes , That you have declined from Christ Jesus , in the day of your Battel : Neither yet would I that you should esteem that mercy to be vulgar and common which you have received , viz. That God hath covered your offence , Hath preserved your Person , when you were most unthankfull ; And in the end , has exalted and raised you up , not onely from the dust , but also from the ports of death ; to rule above his people , for comfort of his Kirk . It appertaineth to you therefore , to ground the justice of your Authority , not on that Law , which from yeer to yeer doth change , but upon the eternall providence of him , who contrary to the ordinary course of Nature , and without your deserving , hath exalted your head : If thus in Gods presence you humble your self ; as in my heart I glorifie God for that rest granted to his afflicted Flock within England , under you a weak Instrument ; so will I with tongue and pen justifie your Authority and Regiment , as the holy Ghost hath justified the same in Deborah , that blessed Mother in Israel . But if you neglect ( as God forbid ) these things , and shall begin to brag of your Birth , and to build your Authority and your Regiment upon your own Law ; flatter you who so listeth , your felicity shall be short . Interpret my words in the best part , as written by him , who is no enemy to your Majestie . By divers Letters I have required to visite your Realme , not to seek my self , neither yet my own ease and benefit : which if you now refuse and deny me , I must remit my cause to God , adding this for conclusion , that commonly it is seen , That such as refuse the counsel of the faithfull ( appear it never so sharp ) are compelled to follow the deceit of flatterers to their own perdition . The mighty Spirit of the Lord Jesus move your heart to understand what is said , and give unto you the direction of his Spirit , and so rule you in all your actions and enterprises , that in you God may be glorified , his Kirk edified , and you your self , as a lively Member of the same , may be an example of vertue & godlinesse of life to all others . So be it . Of Edinb . 28 Iuly , 1559. These Letters were directed by Alexander Whitlaw , a man that oft had hazarded himself , and all that he had for the Cause of God , and for his friends , being in danger for the same Cause . Within a day or two after the departing of the said Alexander , there came a Letter from Sir Henry Percie to Iohn Knox , requiring him to meet him at Annick the third day of August , for such affaires as he would not write nor yet communicate with any , but with the said Iohn himselfe , while he was preparing himselfe for the journey ( for Secretary Cecill had appointed to have met him at Stampford ) the French-men furiously came forth of Dumbar , of purpose to have surprised the Lords being in Edinburgh , as in the second Book before is declared , which stayed the journey of the said Iohn , till that God had delivered the innocents from that great danger , and then was he sent , having in his company M. Robert Hamilton , Minister of the Gospel of Jesus Christ , directed from the Lords with full Commission and Instructions to decline their whole case and estate wherein they stood . Their passage was from Pittenweame by sea , they arrived at Holy-Iland , and being advertised that Sir Henry Percie was absent from the North ; They addressed themselves to Sir Iames Crofts , then Captain of Barwick , and Warden of the East Marches of England . They shewed unto him their Credit and Commission ; He received them courteously , and comforted them with his faithfull Counsell , which was , That they should travell no further , neither yet should they be seen in publike , and that for divers considerations . First , The Queen Regent had her spies in England . Secondly , The Queen and the Councell that favoured our faction , would that all things should be secret so long as they might . And last , said he , I think it not expedient , that in such rarity of Preachers , ye two be any long time absent from the Lords of the Congregation . And therefore ( said he ) ye shall do best to commit to writing your whole minde and Credit , and I shall promise to you upon my honour , to have answer at you , and at the Lords again , before that ye your selves can be at London . And where that your Letters cannot expresse all things so fully , as your presence could , I shall supply the same , not onely by my pen , but also by my own presence , to such as will informe the Councell sufficiently of all things . The said Iohn and M. Robert followed his Councell ( for it was faithfull , and proceeded of love at that time ) they tarried with him very secretly within the Castle of Barwick two dayes . In the which time returned Alexander Whitlaw aforesaid , with answer to the Lords , and unto Iohn Knox. The tenour of whose Letter was this : Master Cecils Letter to Iohn Knox. Master Knox , NOn est masculus neque f●min● , omnes enim ut ait Paulus , unum sumus in Christo Iesu benedictus vir qui confidit in Domino , & erit Dominus fiducia ejus . I have received you Letters , at the same time that I thought to have seen your selfe at Stamford . What is now hitherto the cause of your let , I know not . I forbeare to descend to the bottom of things , untill I may conferre with such one as ye are . And therefore if your chance shall be hereafter to come hither , I wish you furnished with good Credit , and power , to make good resolution . Although my answer to the Lords of the Congregation be somewhat obscure , yet upon further understanding ye shall finde the matter plaine . I need to wish you no more prudencie then Gods grace , whereof God send you plentie . And so I end , Sic subscribitur . Yours as a member of the same body in Christ , M. Cecill . From Oxford the 28 of Iuly , 1559. Albeit the said Iohn received this Letter at Barwick , yet would he answer nothing till that he had spoken with the Lords whom he found in Sterlin , and unto whom he delivered the answer sent from the Councell of England ( for Alexander Whitlaw took sicknesse betwixt Barwick and Edinburgh , and was troubled by the Lord Seaton , as in the former Booke is declared ) the answer sent by Master Cecill was so generall , that many amongst us despaired of any comfort to come from that Countrey . And therefore were determined that they would request no further . Iohn Knox laboured in the contrary , but he could prevaile no further , but that he should have licence and libertie to write as he thought best : And so took he upon him to answer for all , in forme as followeth . Answer to Master Cecils writing . TWo causes hindred me ( Right Worshipfull ) to visit you in any part in England . Before this no signification of your minde and pleasure was made unto me , for onely did Sir Henry Percie will me to come and speake with him , which conveniently at that time I could not do , by reason that the French-men ( which was the second cause of my stay ) did then most furiously pursue us , while our company was dispersed , and then durst I not be absent for divers inconveniences ; neither did I thinke my presence with you greatly necessary , considering that the matter ( which I most desired ) was opened and proposed . To the which I would have wished , That a more plaine and especiall answer should have been made . For albeit Master Whitlaw by his Credit , Master Kirkcaldie by his Letter , and I , both by Letters and by that which I had received from Sir Iames Crofts , did perswade your good mindes ; yet could not the councell be otherwise perswaded , but that this alteration in France had altered your former purpose . It is not unknown what good will we three do beare to England : And therefore I wish , That rather your Pen , then our Credit , or any thing written to any of us , should assure the Lords and others , of your good mindes ( who are now in number but five hundred . ) Unlesse that money be furnished without delay to pay the Souldiers for their service past , and to retaine another thousand foot-men , with three hundred horse-men ; till some stay be had in this danger , these Gentle-men will be compelled to leave the fields . I am assured , as flesh may be of flesh , That some of them will take a very hard life , before that ever they compose , either with the Queen Regent , or with France : but this I dare not promise at all , unlesse in they see greater forwardnesse . To support us , will appear excessive ; and to break promise with France , will appear dangerous . But the losse of expences , in mine opinion , ought not to be esteemed from the first payment , neither yet the danger from the first appearance . France is most fervent to conquer us , and avoweth , That against us they will spend the Crown ( so did mine own ears hear Butten Court bragge ) But most assuredly I know , That unlesse by us they thought to make an entrie to you , that they would not buy our poverty at that price . They labour to corrupt some of our great men by money ( and some of our number are poore , as before I wrote , and cannot serve without support ) some they threatned , and against others they have up one party in their owne Countrey . In this mean time , if ye lie by as neutralls , what will be the end , you may easily conjecture . And therefore , Sir , in the bowells of Christ Jesus , I require you to make plain answer , What the Gentlemen here may trust to , and what the Queens Majestie will do , may without long delay be put in execution . I rest in Christ Jesus . Of Saint Iohnston the day of , &c. Answer with great expedition was returned to this Letter , desiring some men of credit to be sent to the Lords to Barwicke , for the receiving of the money for the first support , with promise , That if the Lords of the Congregation meant no otherwise then before they had written , and if they would enter into League with honest Conditions , they should neither lack men nor money to their just Causes . Upon this answer was directed from the Lords to Barwicke , Master Henry Balnaves , a man of good credit in both the Realmes ; who suddenly returned with such a sum of money as served all the publike affairs till November next ; when Iohn Cockburne of Ormeston , sent for the second support , and receiving the same , unhappily fell into the hands of the Earle Bothwell , was wounded , taken , and spoyled of a great Sum : upon which mischance , followed all the rest of the troubles before rehearsed . In the second Book preceding , we have declared how Secretary Leehington was directed to England : But one thing before we have passed by : In that our greatest dejection , this order was taken ; That the Duke , the Earle of Glencarne , Lord Boyd , Lord Uchiltrie , and their friends , should remaine together at Glasgow , for comfort of the Countrey , and for giving of answers , as occasion should require ; and that the Earle of Arrane , the Lord Iames , the Earle of Rothesse , the Master of Lindsay , and their adherents , should continue together within Fyfe for the same causes , that advertisements might go from the one to the other , as need required . In the Negotiation of the Secretary Lethington with the Queen and Councell of England ( in the which he travelled with no lesse wisedom and faithfulnesse , then happy successe ) many things occurred that required the resolution of the whole Lords . After that the Queen and Councell of England had concluded to send their Army to Scotland for expelling of the French , the Duke of Norfolke was sent to Barwick with full instructions , power and Commission to do in all things concerning the present affaires of Scotland , as the Queen and Councell in their own persons had power to do . Hereupon the said Duke required such a part of the Lords of Scotland , as had power and Commission from the whole , to meet him at such a day and place as pleased them to appoint . This advertisement came first to Glasgow by the meanes of the Master of Maxwell : Which read and considered by the Lords , conclusion was taken that they would meet at Carleil , and that was the procurement of the said Master of Maxwell for his ease . Hereupon were Letters directed from the Lords being in Glasgow , to Lord Iames , requiring him with all possible expedition to repaire towards them , for the purpose aforesaid . Which Letters read and advised upon , commandment was given to Iohn Knox to make the answer . For so it was appointed at division of the Lords , that he should answer for the part of those that were in Fyfe ; and M. Henry Balnaves for the part of them that abode at Glasgow . The said Iohn answered as followeth . To the Duke , and the other Lords at Glasgow . AFter humble commendation of my service : Albeit I have written more then once to Master Henry Balnaves , what things have misliked me in your slow proceedings , as well in supporting your brethren , who many dayes have sustained extreame danger in these parts , as in making provision how the enemie might have been annoyed , who lay few in number , nigh to your Quarters in Sterlin . And in making likewise provision , how the expectation of our friends , who long have waited for your answer , might have been satisfied . Albeit ( I say ) that of these things I have before complained , yet , in conscience , I am compelled to signifie unto your Honours , That unlesse of these and other enormities I shall see some redresse , I am assured , That the end shall be such , as godly men shall mourne , that a good Cause shall perish for lacke of Wisdome and Diligence . In my last Letters to Master Henry Balnaves , I declared , That your especiall friends in England wonder , that no greater expedition is made , the weight of the matter being considered . If the fault be in the Duke and his friends , I wrote also , That the greatest losse should be his and theirs in the end . And now I cannot cease , both to wonder and lament , That your whole Councell was so destitute of Wisdome and Discretion , as to charge this poore man the Priour , to come to you to Glasgow , and thereafter to go to Carleil , for such affaires as are to be handled . Was there none amongst you who did foresee what inconveniences might ensue his absence from these parts ? I cease to speake of the dangers by the enemie . Your friends have lyen in your Haven now fifteene dayes past , ( what was their former travell it is not unknowne ) they have never received comfort of any man ( him onely excepted ) more then if they had lyen upon the coast of their mortall enemy . Do ye not consider , That such a company shall need comfort and provision from time to time ? Remove him , and who abideth there who carefully will travell in that or any other weighty matter in these parts ? Did ye not farther consider , That he that had begun to meddle with the Gentlemen , who have declared themselves back-friends heretofore ; and also that order should have been taken for such as have been neutrall ; now by reason of his absence , the one shall escape without admonition , and the other shall be at their own liberty . I am assured that the enemy shall not sleep , neither in that , nor in other affairs , to undermine you and your whole Cause , and especially to hurt this part of the Countrey , to revenge their former folly . If none of these former causes should have moved you to have considered that such a journey ( at such a time ) was not meet for him , neither yet for them that must accompany him : yet discreet men would have considered , that the men that have lien in their jacks , and travelled their horses continuall the space of a moneth , required some longer rest , first to themselves , then but especially to their horses , before they had been charged to such a journey , as yet they have not had . The Priour may for satisfaction of your unreasonable mindes , enterprise the purpose ; but I am assured he shall not be able to have six honest men in all Fyfe to accompany him ; and how that either standeth with your Honors , or with his safety , judge ye your selves . But yet wonder it is , that ye did not consider , To what pain and griefe shall ye put our friends of England , especially the Duke of Norfolk and his Councell , whom ye shall cause to travell the most wearisome and troublesome way that is in England . In mine opinion , whosoever gave you that counsell , either lacked right judgement in things to be done , or else had too much respect to his own ease , and too small regard to the travell and damage of their brethren . A common cause , requireth a common concurrence , and that every man bear his burden proportionable . But prudent and indifferent men espie the contrary in this cause , especially of late dayes ; for the weakest are most grievously charged , and they to whom the matter most belongeth , and to whom justly greatest burden is due , are exempted in a manner , both from travell and expences . To speak the matter plainly , wise men do wonder , what the Dukes friends do mean , that they are so slack and backward in this cause ; In other actions they have been judged stout and forward , and in this , which is the greatest that ever he or they had in hand , they appear destitute both of grace and courage . I am not ignorant that they that are most inward of his counsell , are enemies to God , and therefore cannot but be enemies to this Cause . But wonder it is , That he and his other friends should not consider , That the losse of this godly enterprise , shall be the rooting out of them and their posterity from this Realme . Considering , my Lords , That by Gods providence ye are joyned with the Duke in this common Cause , admonish him plainly of the danger to come , will him to beware of the counsell of those that are plainly infected with Superstition , with Pride , and with the venome of particular profit : which if he do not at your admonition , he shall smart before he be aware . And if ye cease to put him in minde of his duty , it may be that for your silence ye shall drinke some portion of the plague with him . Take my plain speaking , as proceeding from him that is not your enemy , being also uncertaine , when I shall have occasion to write hereafter . God the Father of our Lord Jesus Christ assist you with the Spirit of wisedom and fortitude , that to his glory , and to your Lordships common comfort , ye may performe that thing which godlily was once begun , Amen . From Saint Andrewes the 6 of February in haste , 1559. Sic subscribitur , Your Lordships to command in godlinesse , J. K. Upon the receit of this Letter , and consultation had hereupon , a new conclusion was taken ; to wit , That they would visite the said Duke of Norfolke at Barwicke where he was . Thus far we have digressed from the text of our History , to let the Posterity that shall follow understand by what instruments God wrought the familiarity and friendship that after we found in England . Now we returne to our former History . The parts of Fyfe set at freedom from the Bondage of these bloody worms , solemne thanks were given in S. Andrews unto God for his mighty deliverance . Shortly after the Earle of Arrane and Lord Iames apprehended the Lairds of Wemes , Seafield , Bawgony , Durie , and others , that assisted the French , but they were set shortly at freedom upon such conditions , as they minded never to keep , for such men have neither faith nor honesty . Master Iames Balfour , who was the greatest practiser , and had drawn the Band of the Balfours , escaped . The English Ships daily multiplied , till that they were able to keep the whole Fyrth , whereat the French and Queen Regent enraged , began to execute their tyranny upon the parts of Lowthiane that lay nigh to Edinburgh . Let M. David Borthwicke witnesse what favour his wife and place of Adeston found of the French , for all the service that he did to the Queen Regent . In the midst of February were directed to England , from the Duke and the Congregation , the Lord Iames , Lord Ruthuen , the Mast of Maxwell , the Master of Lindsay , Master Henry Balnaves , and the Laird of Pittarrow ; who with their honest companies and Commission departed by Sea all , except the Master of Maxwell , to Barwicke ; Where there met them the Duke of Norfolke , Lieutenant to the Queen of England , and with him a great company of the Gentlemen of the North , with some also of the South , having full power to contract with the Nobility of Scotland , as they did , upon such Conditions as are in the same Contract specified : and because we have heard the malicious tongues of wicked men make false report of that our fact , we have faithfully and truely inserted in this our History the said Contract , as well that which was made at Leith , during the siege , as that which was first made at Barwicke , that the memory thereof may abide to our Posterity , to the end that they may judge with indifferency , Whether that we have done any thing prejudiciall to our Common-wealth , or yet contrarious unto the dutifull obedience which true subjects owe to their Superiours ; whose Authority ought to defend and maintain the Liberty and Freedom of the Realms committed to their Charge , and not to oppresse and betray the same to stranger . The Tenour of our Contract followeth : The Contract at Barwick . JAMES , Duke of Chattellarault , Earle of Arrane , Lord Hamilton , and others of the Councell , Nobility , and principall States of Scotland ; To all and sundry whose knowledge these presents shall come , Greeting . We have well considered , and are fully perswaded , in what danger , desolation , and misery , the long enmity with the Kingdom of England hath brought our Countrey heretofore : how wealthie and flourishing it shall become , if those two Kingdoms , as they are joyned in one Island by Creation of the World , so they may be knit in a constant and assured friendship . The considerations grounded upon a most infallible Trueth , ought no lesse to have moved our Progenitours and for fathers then us . But the present danger hanging over our heads , by the unjust dealing of those , of whom we have alwayes best deserved , hath caused us to weigh them more earnestly then they did . The misbehaviour of the French Monsieurs , I had almost said Monsters , here , hath of late yeers been so great . The oppressions and crueltie of the Souldiers , the tyrannie and ambition of their Superiours and Rulers , so grievous to the people , the violent subversion of our liberty , and conquest of the land , whereat they have by most crafty and subtill means continually pressed , hath been , I say , so intollerable to us all , that at last when we could not obtain redresse by humble suits , and earnest supplications presented to the Queen Dowager , who both for duties sake , and place , she doth occupie , ought to have been most carefull of our state , we have been by very necessitie constrained , not onely to assay our own Forces , but also to implore the Queens Majestie of Englands aide and support , which her Majestie hath most willingly granted , upon certain conditions specified in a Treaty past at Barwick , betwixt the Duke of Norfolk , Lieutenant to her Majestie , on the one part , and certain our Commissioners on the other part , whereof the Tenour followeth . At Barwick the 27 day of February , the yeer of our Lord God 1559 yeers ▪ It is appointed , and finally Contracted , betwixt the noble and mighty , Thomas , Duke of Norfolk , Earle Marshall of England , and Lieutenant to the Queens Majestie of the said Realm , in the Name and behalf of her Highnesse on the one part ; and the Right Honourable Lord Iames Stewart , Patrick Lord Ruthuen , Sir Iohn Maxwell of Terregles , Knight , William Maitland of Lethington younger , Iohn Wischarde of Pittarrow , and Master Henry Balnaves of Halhill ; in name and behalf of the Noble and Mighty Iames , Duke of Chattellarault of Scotland , and the Lords of the Congregation , joyned together in this Cause , for maintenance and defence of the ancient Rights and Liberties of their Countrey on the other part , in forme as after followeth : That is to say , That the Queen having sufficiently understood , as well by information sent from the Nobility of Scotland , as by the proceedings of the French , that they intend to conquer the Realm of Scotland , suppresse the liberty thereof , and unite the same unto the Crown of France perpetually , contrary to the Laws of the said Realm , and the Pacts , Oathes , and Promises of France . And being thereto most humbly and earnestly required by the said Nobility ; for , and in the name of the whole Realm , shall accept the said Realm of Scotland the said Nobility and subjects thereof into her Majesties protection and maintenance , onely for preservation of the same in their own freedoms and liberties , and from conquest , during the time that the Marriage shall continue betwixt the Queen of Scots and the French King , and a yeer after : And for expelling out of the same Realme of such as presently and apparently goeth about to practice the said Conquest , her Majesty shall with all speed send into Scotland a convenient aide of men of War , both Horse and Foot , to joyn with the power of Scotish men , with Artillery , Munition , and all other Instruments of War meet for that purpose , as well by Sea as by Land , not onely to expell the present Power of the French within that Realme oppressing the same , but also to stop , as far as conveniently may be , all greater Forces of French to enter therein , for the like purpose , and shall continue her Majesties ayd to the said Realme , Nobility , and subjects of the same , unto the time the French ( being enemies to the said Realme ) be utterly expelled hence ; and shall never transact , compose , nor agree with the French , nor conclude any League with them , except the Scots and the French shall be agreed , that the Realme of Scotland may be left in a due freedom by the French ; nor shall leave the maintenance of the said Nobility and subjects , whereby they might fall as a prey into their enemies hands , as long as they shall acknowledge their Soveraigne Lady the Queen , and shall endeavour their selves to maintain the liberty of their Countrey , and the State of the Crowne of Scotland . And if in case any Forts or Strengths within the Realme be won out of the hands of the French at this present , or at any time hereafter by her Majesties ayd , the same shall be immediately demolished by the Scotish-men , or delivered to the said Nobility aforesaid , at their option and choice ; neither shall the power of England fortifie within the ground of Scotland , being out of the bounds of England , but by the advice of the Duke , Nobility , and States of Scotland . For the which causes , and in respect of her Majesties most gentle clemency , and liberall support , the said Nobility , as well such as be joyned , as such as shall hereafter joyn with them already joyned , for the defence of the liberty of that Realme , shall to the uttermost of their power ayd and support her Majesties Army against the French and their partakers , with Horse-men and Foot-men , and with Victualls , by Land and Sea , with all manner of other ayd , to the best of their power , and so shall continue during the time that her Majesties Army shall remain in Scotland . Item , They shall be enemies to all such Scotish men and French as shall in any wise shew themselves enemies to the Realm of England , for the ayding and supporting of the said Nobility in the delivery of the Realme of Scotland from Conquest . Item , They shall never assent nor permit that the Realme of Scotland shall be conquered , or otherwise knit to the Crown of France , then it is at this present , onely by Marriage of the Queen their Soveraign to the French King , and it be ruled by the Laws and Liberties of the Realme , as it ought to be . Item , In case the French-men shall at any time hereafter invade , or cause to be invaded the Realme of England , they shall furnish the number of two thousand Horse-men , and one thousand Foot-men at the least , or such part of either of them , at the charge of the Queen of England , and shall conduct the same to passe from the borders of Scotland , next England , upon her Majesties charges , to any part of the Realme of England , for defence of the same . And in case the invasion be on the North parts of England , on the North side of the water of Tyne towards Scotland , or against Barwick , on the North side of the water of Tweid . They shall convene and gather their whole Forces upon their owne charges , and shall joyne with the English power , and shall continue in good and earnest pursuite of the Quarrell of England , during the space of thirty dayes , or so much longer , as they were accustomed to tarry in the fields for defence of Scotland . At the commandment of their Soveraignes at any time by past : and also the Earle of Argyle : Lord Justice of Scotland , being presently joyned with the rest , shall imploy his force and good will , where he shall be required by the Queens Majestie to reduce the North parts of Ireland to the perfect obedience of England , conforme to a mutuall and reciproque contract to be made betwixt her Majesties Lieutenant or Deputie of Ireland being for the time , and the said Earle ; wherein shall be contained what he shall do for his part , and what the said Lieutenant or Deputie shall do for his support , in case he shall have to do with Iames Mackconell , or any others of the Isles of Scotland , or Realme of Ireland . For performance and sure keeping whereof , they shall for their part come to the said Duke of Norfolk , the pledges presently named by him , before the entry of her Majesties Armie in Scottish ground , to remain in England for the space of six moneths , and to be there exchanged upon deliverance of new hostages , of like , or as good condition as the former ; or being the lawfull sons , brethren , or heires of any of the Peers or Barons of Parliament , that have , or hereafter shall shew themselves and persist open enemies to the French in this quarrell , and so forth from six moneths to six moneths , or foure moneths to foure moneths , as shall best please the partie of Scotland . And the time of continuance of the hostages , shall be during the marriage of the Queen of Scots to the French King , and a yeere after the dissolution of the said Marriage , untill further order may be had betwixt both the Realmes , for Peace and Concord . And furthermore , the said Nobility , being Peers and Barons of Parliament joyned together , shall subscribe and seale these Articles and agreement , within the space of twenty or thirty dayes at the uttermost , next following the day of the delivering of the said hostages , and shall also procure and perswade all others of the Nobility that shall joyne themselves heereafter with the said Lords for the cause above-specified , likewise to subscribe and seale those Articles , at any time after the space of twenty dayes after their conjunction , upon requisition made by them on the partie of the Queens Majestie of England . And finally , the said Nobility joyned together , certainly perceiving that the Queens Majestie of England is thereunto moved , onely upon respect of Princely honour and neighbourhood , for defence of the freedom of Scotland from Conquest , and not of any other sinister intent , doth by these presents testifie and declare , That they , nor any of them , mean by this agreement to withdraw any due obedience to the Soveraign Lady the Queen , nor in any lawfull thing to withstand the French King her husband and head , that during the marriage shall not tend to the subversion and oppression of the just and ancient Liberties of the said Kingdom of Scotland . For preservation whereof , both for their Soveraigns honour , and for the continuance of the Kingdom in its ancient state , they acknowledge themselves bound to spend their Goods , Lands , and Lives . And for performance of this present Contract for the part of England , the Queens Majestie shall confirm the same , and all Clauses therein contained , by her Letters Patents under the Great Seal of England , to be delivered to the Nobility of Scotland , upon the entrie of the Pledges aforesaid , within the ground of England . In Witnesse whereof , the said Duke of Norfolke hath subscribed these Points , and thereunto affixed his Seal , the day , yeer , and place aforesaid . Which Contract we finde honest and reasonable ; and that our said Commissioners therein hath considerately respected the Common-weale of this Realme , of us , and our posterity ; And therefore do ratifie , allow , confirme and approve the same , with all Clauses and Articles therein contained by these Presents . In Witnesse hereof we have subscribed the same with our Hands and sealed with our Seals of Arms in such causes accustomed are appended . At the Camp before Leith the tenth day of May , the year of God 1560 yeers . Follow the Subscriptions . The Subscriptions . The Duke of Chattellarault . Earle of Arrane . Earle of Glencarne . Earle of Rothesse . Earl of Argyle . Earle of Huntlie . Earle of Morton . Earle of Menteth . Lord Ogilbye . Lord Iames Steward . Alexander Gordon . Lord Boyd . Lord Uchiltrie . Gawin Hamilton of Kilwinning . Abbot of Culrosse . Lord Bothwike . Lord of Saint Iohn . Lord Iohn Abirbr●thok . Lord Simmerwaile . Lord Robert Steward . Abbot of Kynlosse . Iames Stewart of Saint Colmes Inche . The Instructions given , subscribed , to the said Commissioners following : 1. IN the first place , if it shall be asked of you by the Duke of Norfolk , and by other the Queens Majesties appointed Commissioners , If your Pledges be in readinesse ; ye shall answer , That they are , and in Saint Andrews the 25 of this instant , and shal be ready to be delivered in Hostage for security of our promises and part of the contract , they offering and making security for their part by the Queenes Majesties Subscription aud Great Seal , and delivering the same unto you . Providing , That they choose and make their election of the Pledges as is commoned . 2. Secondly , If the said Commissioners shall demand of you , What enterprise the Army of England shall take in hand at their first incoming ; Ye shall answer in generall ; The expulsion of the French Souldiers out of this Realme ; and first and in especiall , out of the Town of Leith , seeing their great Forces are there . 3. Item , If it shall be asked of you ; At what place our friends and brethren of England shall be met ? And , at what day ? What number ? And , What Noble-men in company ? Ye shall referre all these things to their election and choice . 4. Item , If it shall be asked of you , How the Armies shall be furnished with Victuals , and especially the Horse-men ? Ye shall answer , That with their advice sufficient order shall be taken therein . 5. Item , If it be required , How the Munition shall be carried , and oxen furnished to that effect ? You shall answer , as we have given in Commission to Lethington , which we ratifie . 6. Item , If it shall be asked , Who shall be Lieutenant to the Army of Scotland ? Ye shall answer , The Duke of Chattellarault . 7. Item , If it shall be enquired , What number our whole Army extends to ? Ye shall answer , They will be , God willing , five thousand men . 8. Item , If it shall be asked , What manner of way Leith shall be assaulted ? Ye shall desire all preparations to be in readinesse , and the advice to be taken after the placing of the Armies , and view of the strength shortly . 9. Item , If it shall be asked concerning the Castle of Edinburgh , If they will stand friends or not ? Ye shall declare our diligence made , and to be made shortly ▪ herein ; but for the present we can assure them of nothing . 10. Item , If it be asked , In case the Castle be enemy , Where the Armie shall be placed ? Ye shall answer , For the first in Muschilbrough and Tranent , and those parts , till the Batterie and all preparations be in readinesse . 11. Item , In case it be enquired of all by-lyers and neutrals , and in especiall of the Lord of Huntley , and the North ? Ye shall answer in generall ; A good hope is had of the most part thereof : And touching the Lord of Huntley in especiall , Ye shall shew how he hath sent Writings to my Lord of Arrane , with a servant of credit , to assure him of his assistance . And for that cause hath desired Letters of suspension of the Queen Dowagers Commission to be sent to him to be used in those parts ; and other Letters to arrest the Clergies Rents and Hires , both in those parts ; With Proclamations to cause all men to be in readinesse to passe forwards for maintaining of the Religion , and expulsing of strangers . The Nobility hath written to him , That he may come to him in proper person ; Whereof the answer is not returned as yet . 12. Item , If it shall be asked the place and manner of meeting of our folks , or of us and them , in case Sterlin be kept ? We refer the answer hereof to your discretions . 13. Item , If it shall be asked , That their leaden money shall have passage for their necessities ? Ye shall reason the commodity and discommodity thereof with the Councell . 14. Item , If it shall be asked , What Pioners shall be had ? Ye shall answer , the number being expressed , and money in readinesse to so sold or pay them , They shall have sufficiencie . 15. Item , If they shall desire , That we declare our causes unto the Princes of Almaigne and the King of Denmark or Germany , desiring their assistance ; Ye shall answer , That we think the same good , and shall speedily take order therewith . 16. Item , If it shall be desired of you to confirme for us and in our name the things past and granted by our former Commissioner , the young Laird of Lethington : Ye shall in all points for us , and in our name , confirme the same , so far as it shall make either for the weale and conjunction of the two Realms , or this present Cause , or yet for the security of our part for fulfilling of the same . And as ye shall accept their offers tending to the same end ; and such security on that part as ye may purchase , and especially such as we have heretofore expressed : Given at Glasgow the 10. of February 1559. 17. Item , We give and grant you full power to augment or diminsh the said Heads and Articles , as ye think the weale of the cause shall require in all points . Sic subscribitur . Iohn of Menteth . Andrew of Rothesse . R. Boyd . William Murray of Tulibarn . Iohn Erskin of Dun. Iames Hamilton . Alexander Gordon . Alexander Argyle . Glencarne . Uchiltrie . Iames Haliburntoun . Shortly after this Contract were our pledges delivered to Master Winter Admirall of the Navie , that came to Scotland , a man of great honestie , so farre as ever we could espie in him ; who were safely conveyed to Newcastle , and so the English Armie by land began to assemble towards the border . Whereof the French and Queen Regent assured , they began to destroy what they could in the Towns and Countrey about : for the whole Victuals they carried to Leith , the Mills they brake , the Sheep , Oxen and Kine , yea the Horses of poore Labourers all made they to serve their Tyrannie . And finally , they left nothing which the very enemies could have devised , except that they demolished not Gentlemens houses , and burnt not the Town of Edinburgh . In which point God bridled their fury , to let his afflicted understand , That he took care for them . Before the comming of the Land Armie , the French past to Glasgow , and destroyed the Countrey thereabout . What tyrannie Marticks used upon a poore Scottish Souldier , it is fearefull to heare , and yet his fact may not be omitted . Silver would they give none to the poore man , and they were so slow to depart out of the Towne ; That albeit the Drum stroke , the Ensigne could not be gotten . There was a poore Crafts-man , who had bought for his Victuals a brown Loaf , and was eating a morsell of it , and was putting the rest of it into his bosome . The Tyrant came to him , and with the poore wretches own dagger first stroke him in the brest , and after threw it at him , and so the poore man staggering and falling , the mercilesse tyrant ran him thorow with his Rapier , and thereafter commanded him to be hanged over the stayre . Lord thou wilt look and recompence such Tyranny , how contemptible soever the person was . The second of April , the yeer of our Lord 1560. the Army of the Land entred into Scotland , the conducting whereof was committed to the Lord Gray , who had in his company the Lord Scrope , Sir Iames Crofts , Sir Henry Percie , Sir Francis Lake , with many other Captains and Gentlemen , having charge some of Foot-men , and some of Horse-men . The Army by Land was esteemed ten thousand men . The Queen Regent past to the Castle of Edinburgh , and some others of her faction : At Preston met them , the Duke , the Earle of Argyle ( Huntlie came not till that the siege was confirmed ) Lord Iames , the Earle of Glencarne , and Menteth , Lords Ruthuen , Boyd , Uchiltrie , with all the Protestants , Gentlemen of the West , Fyfe , Angus , and Mearnes , so that in few dayes the Army was great . After the deliberation of two dayes had at Inneresk , the whole Camp marched forward with Ordnance , and all preparations necessary for the siege , and came to Lestarrig the Palme Sunday Even . The French had put themselves in Battell Aray upon the Linkes without Leith , and sent forth their skirmishers ; who beginning before ten of the clock , continued skirmishing till after four of the clock at afternoon , when there was given upon them a charge by some Horse-men of Scotland , and some of England : But because the principall Captaine of the Horse-men of England was not present , the whole Troops durst not charge , and so was not the overthrow and slaughter of the French so great as it once appeared to have been ; for the great Battell was once at the trot ; but when it perceived that the great Force of Horse-men stood still , and charged not , they returned , and gave some rescue to their fellows that fled ; and so there fell onely in that defeat about three hundred French-men . God would not give the Victory so suddenly , lest that man should glory in his owne strength . The small Victory that was gotten , put both the English and Scotish in over-great security , as the issue declared . The French enclosed within the Towne , the English Army began to plant their Pavilions betwixt Leith and Lestarrig . The Ordnance of the Towne , and especially that which lay upon Saint Anthonies Steeple , did them great annoyance ; against which place were bent eight Cannons , which shot so continually , and so just , that within few dayes that the Steeple was condemned , and all the Ordnance that was on it discomfited , which made the English-men somewhat more negligent , then it became good men of War to have been : For perceiving that the French made no pursuit without their Walls , they tooke an opinion that they should never issue more , and that made some of the Captaines for pastime go to the Towne . The Souldiers for their ease laid their Armour beside them , and as men without danger , fell to the Dice and Cards ; and so upon the Easter Munday , at the very houre of noon , the French issued both upon Horse and Foot , and with great violence entred within the English Trenches , slue and put to flight all that was found therein . The Watch was negligently kept , and so were the Succours slow and long in coming ; For the French , before that any resistance was made unto them , approached hard to the great Ordnance : But then the Horse-men trooped together , and the Foot-men gat themselves in Aray , and so repulsed the French back again to the Town ; but the slaughter was great , some say it double exceeded that which the French received the first day . And this was the fruit of their security and ours , which after was remedied : For the English men most wisely considering themselves not able to besiege the Town round about , devised to make Mounts at divers quarters of it , in the which they and their Ordnance lay in as good strength , as they did within the Town : The common souldiers kept the Trenches , and had the said mountains for their saveguard and refuge , in case of any greater pursuit then they were able to sustain . The patience and stout courage of the English men , but principally of the Horse-men , is worthy of all praise : For where was it ever heard , That eight thousand ( they never exceeded that number that lay in Camp ) should besiege four thousand of the most desperate throat-cutters that were to be found in Europe , and to lie nigh unto them in daily skirmishing , the space of three moneths and more ? The Horse-men night and day kept Watch , and did so valiantly behave themselves , that the French gat no advantage , from that day back to the day of the assault , whereof we shall shortly hear . In this mean time was this other Band made of all the Nobility , Barons , and Gentlemen professing Christ Jesus in Scotland , and of divers others that joyned with us , for expelling of the French , amongst whom the Earle of Huntlie was a prime man. The Band followeth . The last Band at Leith . AT Edinburgh the seven and twentieth of April , the yeer of our Lord 1560 yeers , We whose names are under-written , have promised and obliged our selves faithfully in the presence of God , and by these Presents do promise , That we together in generall , and every one of us in speciall by himself , with our bodies , goods , friends , and all that we can do , shall set forward the Reformation of Religion , according to Gods Word , and procure by all means possible , that the Truth of Gods Word may have free passage within this Realme , with due Administration of the Sacraments , and all things depending upon the said Word , and such like ; deeply weighing with our selves the misbehaviour of the French Ministers here , the intolerable oppression committed by the French men of War upon the poor subjects of this Realme , by maintenance of the Queen Dowager , under colour and pretence of Authority : The tyranny of their Captains and Leaders , and manifest danger of Conquest , in which this Countrey at this present standeth , by reason of divers Fortifications upon the Sea-coast , and other novelties of late attempted by them ; promising , That we shall each one with another , all of us , together with the Queen of Englands Army , presently come in for our deliverance , effectually concurre , joyn in one , take and hold one plain part for expulsion of the said strangers , oppressors of our Liberty , forth out of this Realme , and recovery of our ancient Freedoms and Liberties , to the end that in time coming , we may under the obedience of the King and Queen our Soveraigns be onely ruled by the Laws and Customs of the Countrey , and borne men of the Land ; And that never one of us shall have privy intelligence , by writing , message , or communication with any of our enemies or adversaries in this Cause , but by advice of the rest ( at least of five ) of the counsell . Again , That we shall tender the common Cause , as if it were the cause of every one of us in particular : And that the causes of every one of us now joyned together being lawfull and honest , shall be all our causes in generall ; And that he that is enemy to the Cause aforesaid , shall be enemy to us all , in so far , That what person soever will plainly resist these our godly enterprises , and will not concur as a good and true member of this our Common-wealth , we shall fortifie the said Authority of the Councell , to reduce them to their duty , like as we shall fortifie the said Authority of the Councell in all things tending to the furtherance of the said Causes . And if any particular debate , quarrell , or controversie shall arise , for whatsoever cause that is past , present , or to come , betwixt any of us ( as God forbid ) in that case , we shall submit our selves , and our said questions , to the decision of the Councell , or to Arbitrators to be named by them , &c. Providing always , That this be not prejudiciall to the ordinary Jurisdiction of Judges , but that men may pursue their Actions by order of Law , Civilly or Criminally , as it pleaseth them . This Contract and Band came not onely to the ears , but also to the sight of the Queen Dowager : whereat she stormed not a little , and said , The malediction of God I give unto them that counselled me to persecute the Preachers , and to refuse the Petitions of the best part of the true subjects of this Realm . It was said to me , That the English Army could not continue in Scotland ten dayes ; but now they have lien neer a moneth , and are more like to remain , then they were at the first day that they came . They that gave information to the Queen , spake as worldly wise men , and as things appeared to have been ; for the Countrey being almost in all the parts thereof wasted , the Victuals next adjacent to Leith , either brought into their Provision , or else destroyed ; the Mills , and other places , as before is said , being cast down , it appeared that the Camp could not have been furnished ( except it had been by their own Ships ; and as that could not have been of any long continuance , so should it have been little comfortable . ) But God confounded all worldly wisedom , and made his own Benediction as evidently to appear , as if in a manner he had fed the Army from above : For all kinde of Victuall there was more aboundant , and at more easie prices in the Camp all the time that it lay , after that eight dayes were past , then either they have been in Edinburgh any of two yeers before , or it hath been in this Towne to this day , the 20 of May , Anno 1566. The people of Scotland so much abhorred the tyranny of the French , that they would have given the substance that they had , to have been rid of that chargeable burthen , which our sinnes had provoked God to lay upon us , in delivering and giving into the hands of a woman , whom our Nobility in their foolishnesse sold unto strangers , and with her the Liberty of this Realme . God for his great mercy sake preserve us yet from further Bondage , in which we are like to fall , if he provide not remedy ; for our Nobility will yet remain blinde still , and will follow their affection , come after what so may . But to returne to our History . The Camp abounding in all necessary Provision , order was taken for continuation of the Siege ; and so the Trenches were drawn as neer the Town as possibly they might . The great Camp removed from Lestarrig , to the West side of the water of Leith ; and so were the Cannons planted for the Battery , and did shoot at the Southwest wall : But by reason all was earth , the Breach was not made so great upon the day , but that it was sufficiently repaired upon the night : whereof the English-men beginning to be weary , determined to give the Breach an Assault , as that they did upon the seventh day of May , beginning before the day light , and continued till it was nigh seven a clock . And albeit that the English and Scottish with great slaughter of the Souldiers of both were repulsed , yet was there never a sharper assault given by so few hands ; for they exceeded not a thousand men , that assaulted the whole two quarters of the Town , and yet they damned the whole Block-house , yea , they once put the French clean off their Walls , and were upon both the East and West Block-house , but they lacked backing , for their Scales lacked six quarters of the just height ; And so while the former were compelled to fight upon the top of the wall , their fellows could not joyn to support them , and so were they by multitude driven back again , when it was once thought that the Town was won . Sir Iames Crofts was blamed of many for not doing his duty that day , for he was appointed with a sufficient number of the most able men , to have assaulted the Northwest quarter upon the Sea side , where at a low water ( as at the time of the assault it was ) the passage was easie . But neither he nor his approached to their quarter appointed . He had before at the first coming in , spoken with the Queen Regent , at the fair Block-house of the Castle of Edinburgh : Whether she had enchanted him or not , we know not , but by suspition of that day in which he deceived the expectation of many , and so farre as man could judge , was the cause of that great repulse ; some ascribed the shortnesse of the Ladders to him ; but that omitted which might have proceeded of negligence , his absence from the pursuit of his Quarter , was the cause that such French as were appointed there to defend , seeing no pursuer came to the relief of their fellowes , and so they two joyning together , with great slaughter gave the repulse to our Company . The French-mens harlots , of whom the most part were Scotish whores , did no lesse cruelty then did the Souldiers : For besides that they charged their Pieces , and ministred unto them other weapons , some continually cast stones , some carried Chimneyes of burning fire , some brought Timber and other impediments of weight , which with great violence they threw over the wall upon our men , but especially when they began to turn back . Now albeit in all this we acknowledge , to be the secret work of God , who by such means would beat down as well the pride of England as of Scotland , yet neither ought the feeblenesse nor falshood of man be excused , neither yet the crueltie of the adversaries concealed . The Queen Regent sat all the time of the assault ( which was both terrible and long ) upon the fore-Wall of the Castle of Edinburgh , and when she perceived the overthrow of us , and that the Ensignes of the French were again displayed upon the Walls , she gave a gawfe of laughter , and said ; Now will I go to the Masse , and praise God for that which mine eyes have seen . And so was Frier Black ready for that purpose , whom she her selfe a little before had deprehended with his Harlot in the Chappell . But Whoredom and Idolatry agree well together , and that our Court can witnesse this day , the 16 of May 1566. The French proud of the Victory , stripped naked all the slain , and laid their dead carkases before the hot Sun along the wall , where they suffered them to lie more dayes then one : Unto the which , when the Queen Regent looked , for mirth , she leapt , and said ; Yonder is the fairest tapistrie that ever I saw , I would that the whole fields that is betwixt this place and you were strowed with the same stuffe . This fact was seen of all , and her words were heard of some , and it was misliked of many . Against the which Iohn K●ox spake openly in Pulpit , and boldly affirmed , That God should revenge that contumelie done to his Image , which not onely in the furious and godlesse Souldiers , but even in such as rejoyced thereat . And the very experience declared , That he was not deceived : For within few dayes after ( yea , some say , that same day ) began her belly and loathsome legs to swell , and so continued , till that God did in his wisdome take her away from this world , as after we shall heare . After the Defeat received , the Queen Regent and her faction were fully perswaded that the Siege would rise , and that the English Armie would depart . And so began the Papists wonderously to brag ; and yet God did frustrate their expectation : for the Armie concluded to remaine , till new advertisement came from the Queen and Counsell . The Duke of Norfolk , who then lay at Barwick , commanded the Lord Gray to continue the Siege ; and promised , That he should not lack men , so long as any were to be had betwixt Trent and Twead , for so far was he Lieutenant : he further promised his own presence , in case he should be required , and for assurance thereof , he sent his own Tents , such as seldome before had been seen in Scotland , with his Officers and provision . And with expedition were sent two thousand fresh men , whereby the Camp greatly comforted , began to forget the former discomfiture , and to sustain the daily skirmishing , as they did before : In the which , the French after the day of the assault did ever receive the hurt , and the repulse , as the slaughter of many that came to the Cole-rake did witnesse . The greatest damage that either English or Scotish received after that day , was the slaughter of two Gentlemen , the one master of houshold to my Lord Iames , Robert Colwin of Clesch , a man stout , modest , and wise , who was shot in the thigh with a Falcon , or Harquebute of Croke , and so departed the misery of this life within two houres after . The other was Alexander Lockart , brother to the Laird of Bar , who rashly discovering himselfe in the Trenches , was shot in the head , and immediately thereafter departed this life . While the Siege thus continued , a sudden fire chanced in Leith , which devoured many houses , and much Victuall , and so began God to fight for us , as the Lord Erskin in plaine words said to the Queen Regent ; Madame ( quoth he ) I can see no more , but seeing that men may not expell unjust possessours forth of this land , God himselfe would do it ; For your fire is not kindled by man. Which words offended the Queen Regent not a little ( whose sicknesse daily increasing ) great craft she used , That Monsieur Dosell might have been permitted to have spoken with her , belike she would have bidden him fare-well , ( for their old familiaritie was great ) but that denied , she Writ , as it had been to her Chyrurgeon and Apothecarie , shewing her sicknesse , and requiring some Drogs . The Letter being presented to the Lord Gray , he espied the craft , for few Lines being written above , and so much White-Paper left , he said , Drogs are abundant and fresher in Edinburgh , then they can be in Leith . There lurketh here some other mysterie , and so he began to try , and by holding the Paper to the fire , he perceiveth some writing appear , and so began he to read ; but what it was no other man can tell , for immediately he burnt the Bill , and said to the Messenger ; Albeit I have been her Secretary , yet tell her , I shall keep her councell ; But say to her , Such Wares will not sell till a new Market . The answer received , she was nothing content , and then travelled she earnestly , That she might speak with the Earles Argyle , Glencarne , Mershall , and with the Lord Iames. After deliberation it was thought expedient , that they should speak with her , but not all together , lest that some part of the Guisians practice had lurked under the colour of such friendship . Her regrate was unto them all , That she had behaved her selfe so foolishly , as that she had compelled them to seek the support of others , then of their own Soveraigne , and said , That she sore repented , that ever it came to that extremitie : but she was not the wight , but the wicked counsell of her friends on the one part , and the Earle of Huntley on the other : for if he had not been , she would have fully agreed with them at their Commoning at Preston : They gave unto her both the Councell and the Comfort which they could in that extremitie , and willed her to send for some godly learned man , of whom she might receive instruction , for these ignorant Papists that were about her , understood nothing of the Mysterie of our redemption . Upon their motion was Iohn Willock sent for , with whom she talked a reasonable space , and who did plainely shew unto her as well the vertue and strength of the death of Jesus Christ , as the vanity and abomination of that Idoll the Masse : She did openly confesse , That there was no salvation , but in and by the death of Iesus Christ ; but of the Masse we heard not her Confession . Some say she was anointed with extreame Unction , after the Papisticall manner , which was a signe of small knowledge of the Trueth ; and of lesse Repentance of her former Superstition : Yet howsoever it was , Christ Jesus gate no small Victorie over such an enemie . For albeit before she had Vowed , That in despight of all Scotland , the Preachers of Jesus Christ should either die , or be banished the Realme : yet was she compelled not onely to heare , That Christ Jesus was Preached , and all Idolatry openly rebuked , and in many places suppressed : but also she was constrained to heare one of the principall Ministers within the Realme , and to approve the chiefe head of our Religion , wherein we dissent from all Papists and Papistrie . Shortly thereafter she finished her life , unhappy to Scotland , from the first day she entred into it , unto the day that she departed this life , which was the ninth day of June , in yeere of God 1560. The Guisian Councells , as they were wicked and cruell to the people , so they proved mischievous to themselves , and to them that followed them , to this day . Upon the sixteenth day of June , after the death of the Queen Regent , came to Scotland Monsieur Randam , and with him the Bishop of Valance in Commission from France , to negotiate a Peace : From England there came Sir William Cecill , chiefe Secretary , and Doctor Whitton . Their negotiation was longsome ; for both England and we fearing deceit , sought by all meanes that the contract should be sure . And they on the other part , meaning to gratifie such as had sent them ( who meant nothing but meere falshood ) protracted time to the uttermost : yea , while that those of Leith were very scarce of victuals , and those of the Inch had perished , had not been that by policie they gat a ship with Victuals , and some Munition , which was upon Midsommer Even , whereof they made no small triumph , which also for a season stayed the appointment , yet in the end Peace was concluded , in forme as followeth . The Articles Translated and agreed by John , Bishop of Valance , and Monsieur Randam , Deputies to the King and Queen of Scotland , upon the matters presented to them , by way of Petition , for the part of Nobilitie and people of Scotland . IN the first , Upon the Complaint and Petition of the said Nobility , and the people of this Countrey , and the number of men of War sustained by their Majesties in these parts in the time of Peace . It is humbly remonstrated to the said Deputies , that they would provide convenient remedie thereunto , for the comfort and reliefe of the Countrey . The said Deputies considering the said desires to be just , and conformable to reason , condescended , agreed , and assured , That the King and Queen should procure no French Men of Warre , nor no other nation to come to these parts in time comming . But if strangers would pretend to enter into this Realme with a Navie or Armie , to occupie the same : In the which cause provision shall be made by their Majesties , the judgement and counsell of the States of the Realme being had thereto , and that the French Men of Warre being now in the Town of Leith , shall be sent to France the same time , that the Navie and Armie of English-men and Scottish-men be scattered and departed both by sea and land , the which shall be done in the best manner may be , as at more large consideration shall be had thereupon , and as to the bands of Scottish men of warre , being at the said place , they shall be broken , and the men of war licensed to depart . Moreover , as to the Forts of Dumbar , and Incheketh ▪ that there shall remain in them an 120. Frenchmen of war onely , which shall be parted and distributed in these two places , and there shall remain no more in Dumbar , but threescore men of warre , so it be affirmed by the Captains chosen to that effect by both the parties , that for the keeping of the same , a greater number is not need full : also to depart when the States of the Realm can finde any good and sure remedie upon the expences made in the said places , to keep the same from perill of invasion or ruine thereof from them that would pretend to occupie the same , they shall immediatly shew the same unto their Majesties as hastily as may be done : and in the mean time the number of the said men of war shall not be augmented . And in like manner , it shall not be lawfull to the said men of warre , to do any injuries to any persons , nor yet to maintain and defend any Scottish men , of what qualitie soever they be of , against the will and authoritie of the Magistrates of the Realm , nor to receive them in the said places that the Minister of Justice may not put hands on them , nor yet shall intromit in any manner of way , with the quarrels and discords of the Lords , and other particular men of this Realm : But they themselves shall be bound in cases of any quarrell , to be punished after the Laws and constitutions of this Realm , and to answer for themselves before the Judges Ordinaries of the same . Last of all , that from henceforth they be not compelled to take on credite , they shall be every moneth satisfied of their wages , so that two Scottish Lords chosen by the Councell , may present it , at the Wapon shawing and musters of the said men of warre , and also to visit the said Forts , to see if the number of them be liked , and it shall not be lawfull to the said men of war to take any victuals for their sustentation , or for munition of the said places , but by paiment of readie money numerate , and with the pleasures of them that delivereth the same unto them : And therefore the said Lords obliges themselves to give them so much as is needfull unto them , they having to pay therefore . Item , upon the petition pre●ented unto the said Lords Deputies , anenst the demolition of the fortifications , the said Deputies consent , agree and assureth , that the fortification of Leith shall be demolished , and that two , three , or four Captains shall be chosen by both the parties to view the Castle of Dumbar , and if it be found by them , that the reparation , amplification ▪ and fortifying made thereof now after the peace ▪ greater number of men to the keeping thereof be required , the reparation and fortification thereof shall be abolished , so soon as may be done , and shall remaine onely untouched that thing while we may make the said Castell more sure , and in lesse danger from invasion . Providing not the lesse that no greater number of men therein be required for keeping of the same . Moreover , in times comming the King and Queene shall make no mo● new Forts within this Realm ▪ and shall not augment them , that are else made , nor shall repair them that are demolished without counsell and consent of the Estates ; nor yet shall transport to these parts , any Artillery , Munition of Warre , Powder , or Victuals , but so much as may serve for keeping of the said places by the space of six moneths , or a yeer . Item , Anenst the Demand made about the debts contracted by the French men of War in this Countrey , The saids Deputies consenteth , That the King and Queen shall cause to be restored all that which happeneth to be found given and granted to the Kings Lieutenant , and his Captains , and other Officers , for the nourishment , sustentation , and maintenance of the said French-men ; or that which is found owing by the Lieutenants for service of their Majesties , that may appear by writ , or confession of parties . Item , Upon the Petition made anenst the Convention of States of this Realm , the said Deputies Consented and Accorded , &c. That the States of the Realme may convene and hold a Parliament the twentieth day of the moneth of Iuly next to come ; upon the which day the Parliament shall be continued , as the use is , unto the first day of the moneth of August following . Providing alwayes , That before they begin to handle any thing in the said Parliament , all tumult of War be discharged , and cease , that they who are present may be free without fear of men of War , or others ; and that in this mean time a Messenger be sent by the said Deputies to the King and Queen , to certifie them of the things agreed , treated and accorded , requesting their Majesties humbly to be contented with the same . And the said Convention shall be as lawfull in all respects , as the same had been ordained and done by expresse Commandment of their Majesties . Providing that no matter be treated therein before the said first day of August . Item , Upon the Article presented concerning War and Peace , the said Deputies Consented , Accorded , &c. That the King and Queen neither make Peace nor War on their parts , but by the Counsell , Judgement , and consent of the States , according to the Ordinance of the Countrey , and as was observed by their Predecessors . Item , Upon the Petition presented to the said Deputies concerning the Government and Regiment of the Policy , they have Consented , &c. That four and twenty worthy men of this Realme be chosen by the States , of the which the King and the Queen shall chuse seven , and the States five ; which in their Majesties absence shall take order , and make one ordinary Councell for the administration aforesaid , so that no man of whatsoever quality he be , shall have the power to order any thing to be done touching the said businesse , without the mediation , authority , and consent of them ; and the said Councellors shall convene together as oft as they can conveniently , but shall convene no lesse nor fix together . And when any matter of importance occurreth , they shall all be called to consult , and order to be taken by them , or the most part of them , if need be : And if it happen any of the said seven chosen by the King and Queen to decease , their Majesties shall chuse another forth of the said number of four and twenty in the place of him that deceased . And if any of the said five chosen by the States dieth , the remnant forechosen by them shall name another of the number of 24. Moreover , if it be thought expedient to the said States that other two be augmented to the said number of 12. then and in that cause , the King and Queen shall chuse one , and the States another ; and so was this Article agreed under condition , that is to say , That the same be no prejudice in times coming to the King and Queen , and Rights of the Crown . And the said Deputies offered their labours to make mediation to the King and Queen , for maintaining Pensions and Expenses of the said Councellors , and ordinary Officers of the said Councell , to be provided of the Rents and Revenues of the Crown . Item , Upon the Petition made to the said Depu●ies anenst the Officers of this Realm , they consented and accorded , &c. That in time to come the King and Queen shall not depute any stranger in the administration of the Civill and Common Justice , and likewise in the Office of Chancery , Keeper of the Seale , the Treasurer , Controller , and every like Offices , and shall not use them , but shall be content with their owne subjects borne in the Realm . Moreover , It shall not be lawfull to put the Office of Treasury , Controller , into the hands of any Church-man , or other which are not able to exercise the said Offices ; the which Treasurer and Controller shall be provided of sufficient Commission to use the said Offices : But it shall be lawfull to them to dispose or sell Wards of Marriages , or other casualties , or any other things whatsoever they be , pertaining to their Offices , without advice and consent of the said Councell , to the effect that the Councell may know that all things be done to the profit of the King and Queen : And yet they will not binde or astraint the King or Queen to this Article , that they may not give when they think expedient . Item , They accorded , That in the first Convention and Parliament of the States of this Realme , there shall be Constituted , Ordained , and Established , an Act of Oblivion , which afterwards shall be confirmed by the Kings and Queens Majesties , by the which the remembrance of bearing Armour , and other things which have been done shall be buried and forgotten , from the sixth day of the moneth of March , in the yeer of our Lord God 1558 yeers : And by the same Act , they which have contravened the Laws of the Realme , shall be excused , and free of all pains contained therein , even so as if it had never been contravened . Providing , That the Priviledge of the said Act be not extended to them which the States of the Realme shall judge unworthy thereof . Item , It is agreed and concluded , That in the said Convention or Parliament , the States of the Realme , as the Custome is , and ordinarily is required , shall be called ; in the which all they that have used to convene and to be present , may come without all fear or force done , or to be done to them by any person ; so that the said States shall oblige them . That where in time coming any Sedition , or gathering of men of War shall happen to be without command of the Councell , being of the number of twelve , the Realme and Countrey shall repute the causers thereof , and they that convene , as Rebells , and shall pursue them as such like , that they may be punished by the Laws of the Realm , so that the K. and Q. shall not be compelled in time coming to send any men of War strangers in these parts , for obtaining due obedience of their subjects . Item , They Offered , Accorded , and Agreed , That there shall be a generall peace and reconciliation amongst all Lords and subjects of this Realm , so that they that are called of the Congregation , and they which are not of the same , shall lay no reproach to others for the things which are done from the said sixth day of March , 1558. Item , They Offered , Accorded , and Affirmed , That the King and Queen shall not pursue , revenge , nor make any persecution for the things that have been done , nor yet shall they suffer the same to be done by their subjects French-men , but shall have all things in Oblivion , as if the same had never been done . And such like the Lords of this Realm of Scotland shall do in all businesse betwixt them and the French-men on their . And if by sinister information , or any other occasion , their Majesties have conceived evill opinion against their subjects , they shall utterly forget and change the same : Nor shall they deprive any of them , nor take from them any of them , their Subjects , the Offices , Benefices , or Estates , which they have brooked and enjoyed in the said Realm before , by reason of any things they have medled with , from the said sixth day of March , 1558. And further , shall make no occasion of deprivation , nor deposing of them by any other colour , without just cause , but rather they shall esteem and use them in time coming , as good and obedient subjects . Providing , That the said Lords , and other subjects on their part , make to their Majesties all obedience such like , as other faithfull and naturall subjects owe to their Soveraigns . Item , It is Accorded and Agreed , That it shall be lawfull to none of the Lords and Nobility of Scotland , or any other , to make Convocation of men of War , but in the ordinary cause approved by the Laws and Custome of the Realme ; And none of them shall cause any men of War strangers to come to their parts ; and much lesse shall attempt to do any thing against the King and Queen , or against the Authority of the Councell , and other Magistrates of the Realme ; and they which have presented the Petition shall be bound thereunto . And in case any of them , or others , finde occasion to invade or take Armour against any man as he pretendeth , after that he hath communicated the matter with the Councell of the Realme , he shall present his Complaint to their Majesties , and generally they shall oblige them under the said pains , to do the things which pertaineth to good and faithfull Subjects , for the quietnesse and tranquility of the Realme , and Rights of their Soveraigne . Item , It is Agreed , That if any Bishops , Abbots , or other Church-men , shall finde or alleadge them to have received any injuries , either in their persons or goods , the Complaints shall be seen and considered by the States of the said Convention and Parliament , and there shall be made redresse , as they shall finde according to reason ; and in the meane time no man shall stop them , but they shall brook and enjoy their goods , nor shall do any hurt , injury or violence to them : And if any doth contravene to this Article , he shall be pursued by the Lords as a perturber of a good Common-wealc . Item , It is Accorded , &c. That the said Lords shall binde them to observe , and cause to be observed , all and sundry Points and Articles agreed in this Treaty ; And if it happen that any of them , or any other should gainsay the same , the remnant Lords , and residue of the whole people , shall be enemies to him , and shall pursue him till he be chastned , and punished according to his demerits . Item , It is Concluded , &c. That all the whole Realm may know that the King and Queen are not willing to keep any remembrance of the troubles and differences past , and so far as concerns the Nobility , and other subjects of this Realme ; That their Majesties desire is to use them humanely , and to be favourable unto them , the said Deputies have promised and accorded , That the Duke of Chattellarault , and all other Noble-men of Scotland , shall be restaured and setled again in all their goods and benefices , which they had enjoyed in France ; That they may brook and enjoy the same , in the same manner as they did before those debates , the said sixth day of March , and yeere aforesaid , even as the said controversies had never chanced . And also that all Capitulations and Articles agreed upon in times past , and especially those that were appointed in the King and Queens Contract shall be observed and kept , as well for the part of their Majesties , as for the part of the Nobility and people of Scotland . And as concerning David , son to the Duke of Chattellarault , now being in Bois de Vincennes , liberty shall be granted unto him to returne into Scotland , and to do as he pleaseth . Moreover , when the said Deputies exposed that some time it might chance , That the King might have need and use of his great Guns and Artillery in France , the said Lords having consideration thereof , accorded , That no other Artillery be translated out of this Realme , but those which were sent and brought in , from the said day of the decease of Francis King of France , of good memory , to these parts : And that all other Artillery aud Munition be reposed into the places whence they were taken forth , and in speciall they that have the Arms of Scotland , shall be put into the places whence they were taken forth of . And there shall be Noble-men of Scotland appointed therefore , and two for the part of the Kings Majesty , are to be deputed to agnosce and view the same afore the Shipping thereof . And moreover , That whereas in the names of the Nobility and people of Scotland certain Articles concerning Religion and other Points have been presented , which the said Deputies will not touch ; and considering the weight and importance of them , has remitted the same to be cognosced and decided by their Majesties ; The said Lords and Nobility do promise , That a certain number of Noble-men should be chosen in the next Convention and Parliament to be sent to their Majesties , which shall expose to their Highnesses those things that shall be thought needfull for the state of their busines , and for the forementioned and other Articles and Points undecided by the Deputies , to the effect they may know their Majesties intention & good wil concerning those things which shal be exposed from the Country : the which also shall have with them a confirmation & ratification by the states of the Realm , of those articles which are concorded , &c. by the Deputies ; to whom also the same time or before shal be given and delivered , and like Confirmation and Ratification made by their Majesties , so being that the said States send their Ratification aforesaid . The Proclamation of the things above-written , made the 8 of Iuly , in the yeere of God 1560. TO the glory of the Almighty Lord God , and to the comfort of all Christians , the most puissant Prince and Princesse , and most Christian King and Queen Francis and Mary , by the grace of God , King and Queen of France and Scotland : and by the most puissant Princesse Elizabeth , by the same Grace , Queen of England , France , and Ireland , &c. It is accorded , and Reconciliation of Peace and Amitie made , which is to be observed inviolably , amongst them , their Subjects , Realms and Countries . For as much as in name of the said Prince and Princesse it is commanded , and straitly charged to all manner of persons under their obedience , or being in their service , from henceforth to desist from all hostility both by Sea and Land , and to keep a good Peace the one with the other , and with charge , that none shall break the same under perill of , &c. These things transacted , and the Peace Proclaimed , as is said , sudden provision was made for transporting of the French to France , of whom the most part were put in the English Ships , who also carried with them the whole spoile of Leith : and that was the second benefit which they received of their late promised liberty , the end whereof is not yet . The English Army departed by land the 16 day of July , in the yeere of God 1560. The most part of our Nobility Protestants , honourably conveyed them ( as in very deed they had well deserved ) But Lord Iames would not leave the Lord Gray with the other Noble-men of England , till that they entred into Barwick . After whose returning , the Councell began to look as well upon the affaires of the Common-wealth , as upon the matters that might concern the stability of Religion . As before we have heard the Parliament was concluded to begin the tenth of July , and to be continued till the first of August next , and therefore the Lords made the greater haste and diligence , that all things should be put in convenient order . But before all things the Preachers exhorted them ( for then in Edinburgh were the most part of the chief Ministers of the Realme ) to be thankfull unto God , and next to provide that the Ministers should be distributed , as the necessity of the Countrey required . A day was appointed , when that the whole Nobility , and the greatest part of the Congregation assembled in S. Giles Church in Edinburgh , where after the Sermon made for that purpose , publike thanks were given unto God for his mercifull deliverance , in forme as followeth . Thankesgiving for our deliverance with Prayers . O Eternall and everlasting God , Father of our Lord Jesus Christ , who hath not onely commanded us to Pray , and promised to hear us ; but also willest us to magnifie thy mercies , and to glorifie thy Name , when thou shewest thy selfe pitifull , and favourable unto us , especially when thou deliverest us from desperate dangers : for so did thy servants , Abraham , David , Iehosaphat , and Ezechias , yea , the whole people of Israel omitted not the same , when thou by thy mighty hand didst confound their enemies , and didst deliver them from feare and danger of death intended . We ought not , nor can we forget , O Lord , in how miserable estate stood this poore Countrey , and we the just inhabitants of the same , not many dayes past ; When Idolatry was maintained ; When cruell strangers did bear rule ; When Virgins were defloured , Matrones corrupted , Mens Wives violently and villanously oppressed , The blood of innocents shed without mercy . And finally , when the unjust commandments of proud tyrants were obeyed as Law. Out of these miseries ( O Lord ) could neither our wit , policie nor strength deliver us , yea , thou didst shew to us how vain was the help of man , where thy blessing giveth not victory . In these our anguishes , O Lord , we sobbed unto thee , we cried for thy help , and we reclaimed thy Name , as thy troubled flock persecuted for thy Trueths sake . Mercifully hast thou heard us ( O Lord ) mercifully , we say , because that neither in us , neither yet in our confederates was there any cause why that thou shouldst have given unto us so joyfull and sudden a deliverance . For neither of us both ceased to do wickedly , even in the midst of our greatest troubles , and yet hast thou looked upon us so pitifully , as that we had given unto thee most perfect obedience . For thou hast disappointed the counsels of the craftie ; Thou hast bridled the rage of the cruell ; and thou hast of thy mercy set this our perishing Realm , at a reasonable liberty . Oh give us hearts ( thou Lord , that onely givest all good gifts ) with reverence and fear to meditate thy wondrous works late wrought in our eyes . Let not the remembrance of the same unthankfully to slip from our wavering mindes . We grant and acknowledge , O Lord , That whatsoever we have received , shall fall into oblivion with us , and so turn to our condemnation ; unlesse thou by the power of thy Spirit keep and retain us in recent and perpetuall memory of the same . We beseech thee therefore , O father of mercies , that as of thy undeserved grace , thou hast partly removed our darknesse ; suppressed Idolatry ; and taken from above our heads the devouring sword of mercilesse strangers , that so it would please thee to proceed with us in this thy grace begun . And albeit that in us there is nothing that may move thy Majestie , to shew us this favour ; yet for Christ Jesus , thy onely welbeloved Sons sake , whose Name we bear , and whose Doctrine we professe ; we beseech thee never to suffer us to forsake or deny this Verity which now we professe . But seeing that thou hast mercifully heard us , and hast caused thy Veritie to triumph in us ; so we crave of thee continuance to the end , that thy godly Name may be glorified in us thy creatures . And seeing that nothing is more odious in thy presence ( O Lord ) then is ingratitude and violation of an Oath and Covenant made in thy Name . And seeing thou hast made our Confederates of England the Instrument by whom we are now set at this libertie , and to whom in thy Name we have promised mutuall faith againe . Let us never fall to that unkindnesse ( O Lord ) that either we declare our selves unthankfull unto them , or prophaners of thy holy Name . Confound thou the Counsell of those , that goe about to break that most godly League contracted in thy Name , and retaine thou us so firmly together by the power of thy holy Spirit , that Sathan have never power to set us again at variance nor discord . Give us thy grace to live in that Christian charitie , which thy Sonne our Lord Jesus hath so earnestly commended to all the members of his body , that other Nations provoked by our example , may set aside all ungodly warre , contention and strife , and studie to live in tranquilitie and peace , as it becometh the Sheepe of thy Pasture , and the people that daily look for our finall deliverance by the coming again of our Lord Jesus . To whom with thee and the Holy Spirit be all honour , glory and praise now and ever . Amen . Hereafter were the Commissioners of Boroughs , with some of the Nobility and Barons , appointed to see the equall distribution of Ministers to change and transport , as the most part should think expedient . And so was Iohn Knox appointed to Edinburgh , Christopher Goodman ( who the most part of the troubles had remained in Ayre ) was appointed to Saint Andrews , Adam Heriot to Aberdeene , Master Iohn Row to Saint Iohnston , Paul Meaffen ( to whom was no infamie then knowne ) to Iedburgh , William Christison to Dundie , David Fargeson to Dunfermelin , and Master David Lindsay to Leith . There were nominated for Superintendents , and Overseers , that all things in the Church should be carried with Order , and well , Master Iohn Spottiswood for Lowthian , Master Iohn Wyram for Fyfe , Master Iohn Willock for Glasgow , the Laird of Dun for Angus and Mearnes , Master Iohn Carswell for Argyle and the Isles . These to be elected at the dayes appointed ; unlesse that the Countreys whereto they were to be appointed , could in the mean time finde out men more able and sufficient , or else shew such causes as might disable them from that imployment . The Parliament approaching , due advertisement was made by the Councell , to all such as by Law and ancient Custome had , or might claime to have Title therein . The assembly was great , notwithstanding some , as well of those that be called Spirituall as Temporall Lords , contemptuously did absent themselves . And yet the chief Pillars of the Papisticall Church gave their presence , such as the Bishops of Saint Andrews , Dumblane , and Dunkell , with others of the inferiour sort , beside those that had renounced Papisterie , and openly professed Jesus Christ with us , such as the Bishop of Galloway , the Abbots of Lindrosse , Culrosse , Saint Colmes Inch , New-battell , Halyrud-house , the Priour of Saint Andrews , Coldinghame , Saint-Mary I le , the Sub-priour of S. Andrews , and divers others , whom we observed not . At the same time of Parliament Iohn Knox publikely Preached upon some Texts of the Prophet Haggai , the Doctrine was proper for the time . In application whereof he was so speciall and so vehement , that some ( having greater respect to the world then to Gods glory ) feeling themselves pricked , said in mockage , We may now forget our selves , and beare the Barrow to build the house of God. God be mercifull to the speaker , for we fear yet he shall have experience , That the building of his own house ( the house of God being despised ) shall not be so prosperous , and of such firmitie as we desire it were . And albeit some mocked , yet others were godly moved , who did assemble themselves together , to consult what things were to be proposed to that present Parliament : And after deliberation , was this subsequent supplication offered . The Barons , Gentlemen , Burgesses , and other true Subjects of this Realm , professing the Lord Iesus within the same . To the Nobilitie and States of Parliament presently assembled within the said Realm , desire Grace , Mercy and Peace , from God the Father of our Lord Iesus Christ , with the increase of his holy Spirit . PLease your Honours to call to remembrance , how divers and sundry times , we ( with some of your selves ) most humbly Petitioned , at the feet of the late Queen Regent , for freedom and liberty of Conscience , with a godly Reformation of abuses , which by the malice of Satan and negligence of men , are crept into the Religion of God , and are maintained by such as take upon them the name of Clergie . And albeit that our godly and most reasonable suit was then disdainfully rejected , whereof no small troubles have ensued , as your Honours well know , yet seeing that the same necessity yet remaineth , that then moved us ; And moreover , that God of his mercy hath now put into your hands , to take such order ; As God thereby may be glorified ; This Common-wealth quieted ; And the Policy thereof established : We cannot cease to crave of your Honours the redresse of such enormities , as manifestly are ( and of long time have been ) committed by the place-holders of the Ministerie , and others of the Clergie within this Realm . And first , seeing that God of his great mercy hath by the light of his Word manifested to no small number of this Realme , That the Doctrine of the Romane Church , received by the said Clergie , and maintained through their tyrannie by fire and sword , contained in it selfe many pestiferous errours , which cannot but bring damnation to the souls of such as therewith shall be infected ; such as are the Doctrine of Transubstantiation ; of the Adoration of Christs Body , under the form of Bread , as they terme it ; of the Merits of Works , and Justification that they alleadge commeth thereby ; together with the Doctrine of the Papisticall Indulgences , Purgatory , Pilgrimage , and Praying to Saints departed , which all either repugne to the plain Scriptures , or else have no ground in the Doctrine of our Master Jesus Christ , his Prophets and Apostles . 1. We humbly therefore crave of your Honours , That such doctrine and Idolatry as by Gods Word are both condemned , so may they be abolished by Act of this present Parliament , and punishment appointed for the transgressors . Secondarily , seeing that the Sacraments of Jesus Christ are most shamefully abused and profaned by that Romane Harlot and her sworne vassals ; and also because that the true Discipline of the ancient Church is utterly now amongst that Sect extinguished : For who within the Realme are more corrupt in life and manners then are they that are called the Clergie , living in whoredom , adultery , deflouring Virgins , corrupting Matrons , and doing all abomination , without fear of punishment . We humbly therefore desire your Honors to finde remedy against the one and the other . 3. Thirdly , Because that man of sin falsly claimeth to himselfe the titles of , The Vicar of Christ , The Successor of Peter , The Head of the Church , That he cannot erre , That all power is granted unto him , &c. By the which usurped Authority , he taketh upon him the distribution and possession of the whole Patrimony of the Church , whereby the true Ministry of the Word of God long time hath been altogether neglected , the godly learning despised , the Schools not provided , and the poor not only frauded of their portion , but also most tyrannously oppressed : we likewise hereof desire remedy . And lest that your Honors should doubt in any of these premises , we offer our selves evidently to prove , That in all the rabble of the Clergie there is not one lawfull Minister , if Gods Word , the practices of the Apostles , the sincerity of the Primitive Church , and their own ancient Laws , shall judge of lawfull Election . We further offer to prove them all thieves and murtherers , yea , rebels and traytors to the lawfull Authority of Emperors , Kings and Princes , and therfore unworthy to be suffred in any reformed Common-wealth . How maliciously they murthered our brethren , for no other cause , but for that they offred to us the light of Gods Word , your Honours cannot be ignorant ; and into what hazard their tyranny hath brought this whole Realm , the Ages after will consider . If ye look for other fruit in times to come , then ye have seen in them whom we accuse , we are assured ye shall be deceived . Now hath God , beyond all expectation of man , made you , who somtimes were suppliants with us for Reformation , Judges , as it were , in the Cause of God : At least , he hath so subdued your enemies unto you , that by violence they are not able to suppresse the Verity , as heretofore they have done . We therefore , in the bowels of Jesus Christ , crave of your Honors , That either they may be compelled to answer to our former accusations , and unto such others as justly we have to lay to their charges ; or else that all affection laid aside , ye pronounce them such by censure of this Parliament , and cause them to be so reputed , as by us most justly they are accused : Especially , that they may be discerned unworthy of honour , authority , charge or cure in the Church of God , and so from henceforth never to enjoy voice in Parliament : Which if ye do not , then in the fear of God , and by assurance of his Word we forewarn you , That as ye leave a grievous yoke , & a burden intolerable upon the Church of God in this realm , so shall they be thorns in your eyes , and pricks in your sides , whom after , when ye would , ye shall have no power to remove . God the Father of our Lord Jesus Christ give you upright hearts , seeking his glory , and true understanding , what this day he who hath delivered you from Bondage both Spirituall and Temporall , craveth of you by his servants , and your Honours answer most humbly require . This our Supplication being read in audience of the whole Assembly , divers men were of divers judgements ; for as some there were that uprightly favoured the Cause of God ; so were there many that for worldly respects abhorred a perfect Reformation ( for how many within Scotland who have the name of Nobility , and are unjust possessors of the Patrimony of the Church ) and yet were the Barons and Ministers called , and commandment given unto them , to draw into plain and severall Heads the sum of that Doctrine which they would maintain , and would desire the present Parliament to establish , as wholesome , true , and onely necessary to be beleeved , and to be received within the Realm : Which they willingly accepted ; and within four dayes presented this Confession as it followeth , without alteration of any one sentence . The Confession of Faith professed and believed by the Protestants within the Realme of Scotland , published by them in Parliament , and by the Estates thereof Ratified and Approved , as wholesome and sound Doctrine , grounded upon the infallible Truth of God. MATTH . 24. And this glad Tydings of the Kingdom shall be preached thorowout the whole world for a Witnesse unto all Nations , and then shall the end come . The Preface . The States of Scotland , with the Inhabitants of the same professing Christ Jesus his holy Gospel , To their naturall Countrey-men , and unto all other Realmes and Nations professing the same Lord Jesus with them , Wish Grace , Mercy , and Peace , from God the Father of our Lord Jesus Christ , with the Spirit of righteous Judgement , for Salvation . LOng have we thirsted ( dear Brethren ) to have notified unto the world the sum of that Doctrine which we professe , and for the which we have sustained infamy and danger . But such hath been the rage of Sathan against us , and against Christ Iesus his Eternall Verity lately now again borne amongst us , that to this day no time hath been granted unto us , to clear our consciences , as most gladly we would have done : For how we have been tossed a whole yeer past , the most part of Europe ( as we do suppose ) doth understand . But seeing that of the infinite goodnesse of our God ( who never suffereth his afflicted utterly to be confounded ) above expectation , have we obtained some rest and liberty , we could not but set forth this briefe and plain Confession of such Doctrine as is proposed unto us , and as we believe and professe ; partly for satisfaction of our Brethren , whose hearts , we doubt not , have been , and yet are , wounded by the despightfull rayling of such as yet have not learned to speak well : And partly for stopping the mouths of impudent blasphemers , who boldly condemne that which they neither heard nor understood : Not that we judge that the cankred malice of such is able to be cured by this simple Confession ; No , we know that the sweet savour of the Gospel is and shall be death unto the sons of perdition . But we have chief respect to our weak and infirme Brethren , to whom we would communicate the bottom of our hearts , lest that they be troubled or carried away by diversity of rumours which Sathan spreadeth against us , to the defeating of this our most godly enterprise ; Protesting , That if any man will note in this our Confession any Articles or sentence repugning to Gods holy Word , that it would please him of his gentlenesse , and for Christian charities sake , admonish us of the same in writing ; and we upon our Honours and fidelity do promise unto him satisfaction from the mouth of God ( that is , from his holy Scriptures ) or else Reformation of that which he shall prove to be amisse . For God we take to Record in our consciences , That from our hearts we abhorre all Sects of Heresie , and all teachers of erroneous doctrine ; And that with all humility we embrace the purity of Christs Gospel , which is the onely food of our soules ; and therefore so precious unto us , that we are determined to suffer the extremest of worldly danger , rather then that we will suffer our selves to be defrauded of the same . For hereof we are most certainly perswaded , That whosoever denieth Christ Iesus , or is ashamed of him in presence of men , shall be denied before the Father , and before his holy Angels . And therefore by the assistance of the mighty Spirit of the same our Lord Iesus , we firmly purpose to abide to the end in the confession of this our Faith. The first Article . Of GOD. VVE confesse and acknowledge one onely God , to whom onely we must cleave , whom onely we must Worship , and in whom onely we must put our trust ; who is Eternall , Infinite , Unmeasurable , Incomprehensi●le , Omnipotent , Invisible , one in Substance , and yet distinct into three Persons , The Father , The Son , And the holy Ghost ; by whom we confesse and believe all things in heaven and earth , as well Visible as Invisible , to have been Created , to be Retained in their being , and to be Ruled and Guided by his inscrutable Providence , to such end as his eternall Wisedom , Goodnesse and Justice hath appointed them , to the manifestation of his own Glory . II. Of the Creation of Man. VVE confesse and acknowledge this our God to have Created man ( to wit , our first Father Adam ) of whom also God formed the Woman , to his own Image and Similitude ; To whom he gave Wisedom , Lordship , Justice , free-Will , and clear Knowledge of himself ; so that in the whole Nature of man there could be no imperfection : From which Honour and Perfection Man and Woman did both fall ; the Woman , being deceived by the Serpent ; and Man , obeying to the voice of the Woman , both conspiring against the Soveraigne Majesty of God , who in expresse words had before threatned death , if they presumed to eat of the forbidden Tree . III. Of Originall Sin. BY which transgression , commonly called Originall Sin , was the Image of God utterly defaced in Man , and he and his Posterity of Nature became enemies to God , slaves to Sathan , servants to Sin , insomuch that Death everlasting hath had , and shall have power and dominion over all that hath not been , are not , or shall not be regenerate from above ; which Regeneration is wrought by the power of the holy Ghost , working in the hearts of the Elect of God an assured Faith in the Promises of God revealed to us in his Word ; by which Faith they apprehend Christ Jesus , with the Graces and Benefits promised in him . IIII. Of the Revelation of the Promises . FOr this we constantly believe , That God , after the fearfull and horrible defection of man from his obedience , did seek Adam again , call upon him , rebuke his sin , convince him of the same , and in the end made unto him a joyfull Promise , to wit , That the Seed of the Woman should breake downe the Serpents head ; that is , He should destroy the works of the devill : which Promise , as it was repeated and made more cleer from time to time , so was it embraced with joy , and most constantly retained of all the faithfull , from Adam to Noah , from Noah to Abraham , and from Abraham to David , and so forth to the Incarnation of Jesus Christ ; who all ( we mean the faithfull Fathers ) under the Law , did see the joyfull dayes of Christ Jesus , and did rejoyce . V. The Continuance , Encrease , and Preservation of his Church . VVE most constantly believe , That God Preserveth , Instructeth , Multiplieth , Honoureth , Decoreth , and from death called to Life his Church in all Ages , from Adam , till the coming of CHRIST JESUS in the Flesh : For Abraham he called from his fathers Countrey , him he instructed , his Seed he multiplied , the same he marvellously preserved , and more marvellously delivered from the Bondage of Pharaoh ; to whom he gave his Lawes , Constitutions and Ceremonies . Them he possessed in the Land of Canaan , to them after Judges , and after Saul , he gave David to be King ; to whom he made promise , That of the fruit of his Loynes should one sit forever upon his Regall Seat. To this same people from time to time he sent Prophets to reduce them to the right way of their God , from the which oftentimes they declined by Idolatry . And albeit for their stubborne contempt of Justice , he was compelled to give them into the hands of their enemies , as before he threatned by the mouth of Moses : Insomuch that the holy City was destroyed , the Temple burnt with fire , and the whole land left desolate the space of seventy yeeres ; yet of mercy did he reduce them again to Ierusalem , where the Citie and Temple were reedified , and they against all temptations and assaults of Satan , did abide till the Messias came , according to the promise . VI. Of the Incarnation of Christ Iesus . VVHen the fulnesse of time came , God sent his Sonne , his eternall Wisdome , the substance of his own Glory into this World , who took the nature of manhood , of the substance of a woman ; to wit , of a Virgine , and that by the operation of the holy-Ghost , and so was born , The just seed of David , The Angel of the great councell of God , The very Messias promised , whom we acknowledge , and confesse , Emanuel , very God and very man , two perfect natures united and ioyned in one person . By which our Confession , we condemne the damnable and pestilent Heresies of Arrius , Martion , Eutiches , Nestorius , and such others , as either denie the Eternitie of his God-head , or the Veritie of his humane nature , or confound them , or yet divide them . VII . Why it behoveth the Mediatour to be very God and very man. VVE acknowledge and confesse , That this most wondrous conjunction betwixt the God-head and Man-hood of Christ Jesus , did proceed from the eternall and immutable Decree of God , whence also our salvation springeth and dependeth . VIII . Of Election . FOr that same eternall God , who of meere grace elected us in Christ Jesus his Sonne , before the foundation of the world was laid , appointed him to be our Head , our Brother , our Pastour , and great Bishop of our soules : But because that the enmitie betwixt the justice of God and our sinnes , was such , That no flesh by it self , could , or might have attained unto God ; It behoved that the Son of God should descend unto us , and take himself a body of our body , flesh of our flesh , and bones of our bones , and so become the perfect Mediatour betwixt God and man ; giving power to so many as beleeve in him , to be the sons of God , as he himself doth witnesse . I passe up to my Father and your Father , to my God and unto God : By which most holy fraternity , whatsoever we have lost in Adam , is restored to us again . And for this cause are we nothing afraid to call God our Father , not so much in that he hath created us ( which we have common with the reprobate ) as for that , that he hath given to us his onely Sonne to be our Brother , and given unto us grace to imbrace him for our onely Mediatour , as before is said . It behoved further the Messias and Redeemer to be very God and very Man , because he was to suffer the punishment due for our transgressions , and to present himself in the presence of his fathers judgement , as in our person to suffer for our transgression and disobedience , by death to overcome him that was Authour of death . But because the onely God-head could not suffer death , neither could onely the Man-hood overcome the same , he joyned both together in one person , that the imbecilitie of the one should suffer and be subject to death ( which we had deserved ) and the Infinite and Invincible power of the other ; to wit , of the God-head should triumph , and purchase unto us life , libertie , and perpetuall Victory : and so we confesse , and most undoubtedly beleeve . IX . Christs Death , Passion , Buriall , &c. THat our Lord Jesus offered himself a voluntary Sacrifice unto his Father for us ; That he suffered contradiction of sinners ; That he was wounded and plagued for our transgressions ; That he being the clean and innocent Lambe of GOD , was condemned in the presence of an earthly Judge ; that we might be absolved before the Tribunall Seat of our God : That he suffered not onely the cruell death of the Crosse ( which was accursed by the sentence of God ) but also , That he suffered for a season the wrath of his Father , which sinners had deserved . But yet we avow , That he remained the onely welbeloved and blessed Sonne of his Father , even in the midst of his anguish and torment , which he suffered in body and soule , to make the full satisfaction for the sinnes of his people . After the which , we confesse and avow , That there remains no other sacrifice for sinnes ; which if any affirme , we nothing doubt to avow , That they are blasphemous against Christs Death , and the everlasting purgation and satisfaction purchased unto us by the same . X. Resurrection . VVE undoubtedly beleeve , That in so much as it was impossible that the paines of death should retain in bondage the Authour of life , that our Lord Jesus Crucified , Dead , and Buried , who descended into hell , did rise again for our Justification , and destroying him who was the authour of death , brought life again to us that were subject to death , and to the bondage of the fame : We know that his Resurrection was confirmed by the testimony of his very enemies . By the Resurrection of the dead , whose sepulchres did open , and they did arise and appeared to many within the City of Ierusalem . It was also confirmed by the testimonie of Angels , and by the sences and judgements of his Apostles and others , who had conversation , and did eat and drink with him after his Resurrection . XI . Ascension . VVE nothing doubt , but that the self-same Bodie , which was born of the Virgin , was Crucified , Dead and Buried , and which did rise again , did ascend into the Heavens , for accomplishment of all things : Where , in our names , and for our comfort , he hath received all power in heaven and in earth : Where he sitteth at the right hand of the Father , enthronized in his Kingdome , Advocate and onely Mediatour for us ; which glory , honour , and prerogative , he alone amongst the Brethren shall possesse , till that all his enemies be made his foot stoole , as that we undoubtedly beleeve they shall be in the finall judgement , to the execution whereof , we certainly beleeve that the same our Lord Jesus shall visibly and apparantly returne , as that he was seene to ascend . And there we firmely beleeve that the time of refreshing and restitution of all things shall come , insomuch that those that from the beginning have suffered violence , injury and wrong for righteousnesse sake , shall inherite the blessed immortality promised from the beginning . But contrary wayes the stubborn , cruell , inobedient , oppressors , filthy persons , adulterers , and all sorts of unthankfull men , shall be cast into the dungeon of utter darknesse , where their worme shall not die , neither yet their fire bee extinguished : the remembrance of the which day , and of the judgement to be executed in the same , is not onely to us a Bridle , whereby our carnall lusts are reserved , but also such inestimable comfort , that neither may the threatning of worldly Princes , neither yet the feare of temporall death and present danger move us to renounce and forsake that blessed societie , which we the members have with our Head and onely Mediatour Christ Jesus ; whom we confesse and avow to be the Messias promised , the onely Head of the Church , our just Lawgiver , our onely High Priest , Advocate and Mediator . In whose honours and Offices , if a man or Angell presume to intrude themselves , we utterly detest and abhorre them , as blasphemous to our Soveraigne Governour Christ Jesus . XII . Faith in the Holy Ghost . THis our faith , and the assurance of the same proceedeth not from flesh and blood ; that is to say , from no naturall powers within us , but is the inspiration of the Holy Ghost , whom we confesse , God equall with the Father , and with the Sonne , who sanctified us , and bringeth us into all veritie by his own operation , without whom we should remaine for ever enemies to God , and ignorant of his Sonne Christ Jesus . For of nature we are so dead , so perverse and blinde , that neither we can feel when we were pricked , see the light when it shineth , nor assent to the will of God when it is revealed , onely the Spirit of the Lord Jesus quickeneth that which is dead , removeth the darknesse from our mindes , and boweth our stubborne hearts to the obedience of his blessed will , and so as we confesse that God the Father created us when we were not , as his Sonne our Lord Jesus redeemed us , when we were enemies to him ; So also we confesse that the Holy Ghost doth sanctifie , and regenerate us without all respect of any merit proceeding from us , be it before , or be it after our regeneration . To speak this one thing yet in more plain words , as we willingly spoile our selves of all honour and glory of our own Creation and Redemption , so do we also of our regeneration and sanctification ; for of selves we are not sufficient to thinke one good thought , but he who hath begun the good work in us , is onely he that continueth us in the same , to the praise and glory of his undeserved grace . XIII . The cause of good works . SO that the cause of good Works we confesse to be , not of free Will , but the Spirit of the Lord Iesus , who dwelling in our hearts by true faith , bringeth forth such good works , as God hath prepared for us to walke in ; for this we most boldly affirme that blasphemie , it is to say that Christ Jesus abideth in the heart of such , as in whom there is no spirit of sanctification ; and therefore we feare not to affirme , that Murderres , Oppressors , cruell Persecutors , Adulterers , Whoremongers , filthy Persons , Idolaters , Drunkards , Theeves , and all workers of iniquitie , have neither true faith , neither any portion of the Spirit of Sanctification , which proceedeth from the Lord Jesus , so long as they obstinately continue in their wickednesse . For how soon so ever the Spirit of the Lord Jesus ( which Gods Elect Children receive by true faith ) taketh possession in the heart of any man , so soon doth he regenerate and renew the same man , so that he begins to hate that which before he loved , and beginneth to love that which before he hated ; and from thence cometh to that continuall battaile , which is betwixt the flesh and the Spirit in Gods Children , while the flesh and naturall man ( according to their own corruption ) lusteth for things pleasing and delectable to it self , grudgeth in adversitie , is lifted up in prosperitie , and at every moment is prone and ready to offend the Majestie of God ; but the Spirit of God which giveth witnessing unto our spirit , that we are the sonnes of God , maketh us to resist the Devill to abhorre filthie pleasures , to groane in Gods presence for deliverance from this bondage of corruption , and finally to triumph over sinne , that it reigne not in our mortall bodies . This battaile have not the carnall men , being destitute of Gods Spirit , but do follow and obey sinne with greedinesse , and without repentance , even as the Devill and their corrupt lusts do prick them . But the Sons of God ( as afore is said ) do fight against sin , do sob and mourn when they perceive themselves tempted to iniquity , and if they fall , they rise again with earnest and unfained repentance : and these things they do not by their own power , but the power of our Lord Jesus ( without whom they were able to do nothing ) worketh in them all that is good . XIIII . What works are reputed good before God. VVE confesse and acknowledge , That God hath given to man his holy Law , in which not onely are forbidden all such works as displease and offend his godly Majesty , but also are commanded all such as please him , and as he hath promised to reward . And these works be of two sorts ; the one are done to the honour of God ; the other to the profit of our neighbours : And both have the revealed Will of God for their assurance ; To have one God , To worship and honour him , To call upon him in all our troubles , To reverence his holy Name , To hear his Word , To believe the same , To communicate his holy Sacraments , are the works of the first Table . To honour father and mother , Princes , Rulers , and superiour Powers , To love them , To support them , yea , To obey their Charges ( not repugning to the Commandment of God ) To save the life of Innocents , To represse tyranny , To defend the oppressed , To keep our bodies clean and holy , To live in sobriety and temperance , To deal justly with all men , both in word and deed ; and finally , To represse the appetite of our neighbours hurt , are the good works of the second Table , which are most pleasing and acceptable unto God , as those works are commanded by himself . The contrary thereof is sin most odious , which always displeaseth him , and provoketh him to anger ; as , Not to call upon him alone when we have need , Not to hear his Word with reverence , To contemne and despise it , To have or to worship Idols , To maintain and defend Idolatry , Lightly to esteem the reverent Name of God , To profane , abuse , or contemne the Sacraments of Christ Jesus , To disobey or resist any that God hath placed in Authority ( while they passe not over the bounds of their Office ) To murther , or consent thereunto , To bear hatred , or to suffer Innocent blood to be shed , if we may gainstand it ; and finally , The transgressing of any other Commandment in the first or second Table , we confesse and affirm to be sin , by the which Gods hot displeasure is kindled against the proud and unthankfull world : So that good works we affirme to be those onely that are done in Faith , and at Gods Commandment , who in his Law hath expressed what be the things that please him : And evill works we affirme , not onely those that are expresly done against Gods Commandment , but those also that in matters of Religion , and worshipping of God , have no assurance , but the invention and opinion of man , which God from the beginning hath ever rejected , as by the Prophet Isaiah , and by our Master Christ Jesus , we are taught in these words ; In vaine do they worship me , teaching doctrines which are the Precepts of men . XV. The perfection of the Law , and the imperfection of man. THe Law of God we confesse and acknowledge most just , most equall , most holy and most perfect , commanding those things , which being wrought in perfection , were able to give life , and to bring man to eternall felicity . But our Nature is so corrupt , so weak and imperfect , that we are never able to fulfill the works of the Law in perfection ; yea , if we say we have no sin ( even after we are regenerate ) we deceive our selves , and the Verity of God is not in us . And therefore it behoveth us to apprehend Christ Jesus with Justice and Satisfaction , who is the End and Accomplishment of the Law to all that believe , by whom we are set at this liberty , that the curse and malediction of the Law fall not upon us , albeit we fulfill not the same in all points : For God the Father beholding us in the Body of his Son Christ Jesus , accepteth our unperfect obedience , as were perfect , and covered our works which are defiled with many spots , with the Justice of his Son. We do not mean that we are set so at liberty , that we owe no obedience to the Law ( for that before we have plainly confessed ) but this we affirm , That no man in earth ( Christ Jesus onely accepted ) hath given , giveth , or shall give in work , that obedience to the Law , which the Law requireth ; But when we have done all things , we must fall down and unfainedly confesse , That we are unprofitable servants . And therefore whosoever boast themselves of the merits of their own works , or put their trust in the works of Supererogation , they boast themselves of that which is not , and put their trust in damnable Idolatry . XVI . Of the Church . AS we believe in God the Father , Son , and holy Ghost , so do we most earnestly believe , That from the beginning there hath beene , now is , and to the end of the world shall be , A Church ; that is to say , A Company and Multitude of men chosen of God , who rightly worship and embrace him by true faith in Christ Jesus , who is the onely Head of the same Church , which also is the Body & Spouse of Christ Jesus , which Church is catholike , that is , Universal , because it containeth the elect of all Ages , all Realms , Nations and Tongues , be they of the Jews , or be they of the Gentiles , who have Communion or Society with God the Father , and with his Son Christ Jesus , through the Sanctification of his holy Spirit ; and therefore it is called , Communion ( not of profane persons ) but of Saints , who are Citizens of the heavenly Ierusalem , have the fruition of the most inestimable benefits ; to wit , of one God , one Lord Jesus , one Faith , and one Baptisme ; without the which Church there is neither life nor eternall felicity : And therefore we utterly abhorre the blasphemy of those that affirm , That men that live according to equity and justice shall be saved , what Religion soever they have professed : For as without Christ Jesus there is neither life nor salvation : so shall there none bee participant thereof , but such as the Father hath given unto his Sonne Christ Jesus , and those in time to come to him , avow his doctrine , and beleeve in him ( we comprehend the Children , with the faithfull Parents ) This Church is invisibly known onely to God , who alone knoweth it , whom hee hath chosen , and comprehendeth as well ( as is said ) the Elect that be departed ( commonly called the Church triumphant ) as those that yet live , and fight against sin and Sathan , as shall live hereafter . XVII . The immortalitie of the Soules . THe Elect departed are in peace , and rest from their labours , not that they sleep , and come to a certain oblivion ( as some fantanstick heads do affirme ) but that they are delivered from all fear , all torment , and all temptation , the which we and all Gods Elect are subject unto in this life , and therefore doe bear the name of the Church militant . As contrary alwayes the reprobate and unfaithfull departed , have anguish , torment and paine , that cannot be expressed , so that neither are the one nor the other in such sleepe , that they feele not joy or torment , as the Parable of Christ Jesus in the sixteenth of Luke , his words to the Theefe ▪ and these words of the souls crying under the Altar : O Lord , thou that art righteous and just , how long shalt thou not revenge our blood upon them that dwell upon the earth , doth plainly testifie . XVIII . Of the Notes by the which the true Church is discerned from the false , and who shall be Iudge of the Doctrine . BEcause that Sathan from the beginnig hath laboured to deck his pestilent Synagogue with the Title of the Church of God , and hath inflamed the hearts of cruell murtherers to persecute , trouble and molest the true Church and Members thereof , as Cain did Abel , Ishmael , Isaac , Esau , Iacob , and the whole Priesthood of the Iewes , Jesus Christ himself , and his Apostles after him . It is a thing most requisite , that the true Church be discerned from the filthy Synagogue , by cleere and perfect Notes , lest we being deceived , receive and embrace to our own condemnation the one for the other . The Notes , Signes , and assured Tokens whereby the Immaculate Spouse of Christ Jesus is knowne from the horrible Harlot the Church malignant , we affirm , are neither antiquity , title usurped , lineall descents , place appointed , nor multitude of men approving any errour ; For Cain in age and title was preferred to Abel and Seth. Ierusalem had prerogative above all places of the earth , where also were the Priests lineally descended from Aaron , and greater multitude followed the Scribes , Pharisees , and Priests , then unfainedly believed and approved Christ Jesus and his Doctrine ; and yet ( as we suppose ) no man of whole judgement will grant that any of the forenamed were the Church of God : The Notes therefore of the true Church of God , we beleeve , confesse , and avow , to be first the true preaching of the Word of God ; in which God hath revealed himself to us , as the writings of the Prophets and Apostles doe declare . Secondly , the right administration of the Sacraments of Christ Jesus , which may be annexed to the word and promise of God , to seale and confirme the same in our hearts . Lastly , Ecclesiasticall discipline uprightly ministred , as Gods Word prescribeth , whereby vice is repressed , and vertue nourished , wheresoever then these former Notes are seen , and of any time continuall ( be the number never so few above two or three ) there without all doubt is the true Church of Christ , who according to his promise is in the midst of them ; not of that universall ( of which we have before spoken ) but particular , such as was in Corinthus , Galatia , Ephesus , and other places in which the Ministerie was planted by Paul , and were of himselfe named the Churches of God : and such Churches we the Inhabitants of the Realme of Scotland , professours of Christ Jesus , confesse us to have in our Cities , Townes , and places reformed : For the Doctrine taught in our Churches , is contained in the written Word of God , to wit , in the Books of the New and Old Testaments ; in those Books we meane , which of ancient have been reputed Canonicall , in the which we affirme that all things necessary to be beleeved for the salvation of mankinde is sufficiently expressed . The interpretation whereof , we confesse , neither appertaineth unto any private nor publike person ; neither yet to any Church for any preheminence or prerogative personall or locall , which one hath above another , but appertaineth to the Spirit of God , by the which also the Scripture was written . When controversie then hapneth for the right understanding of any place or sentence of Scripture , or for the reformation of any abuse within the Church of God , we ought not so much to looke what men before us have said and done , as unto that which the Holy Ghost uniformly speaketh within the body of the Scriptures , and unto that which Christ Jesus himself did , and commanded to be done . For this is a thing universally granted , That the Spirit of God , which is the Spirit of unitie , is in nothing contrary to himselfe . If then the interpretation , determination or sentence of any Doctor , Church or Councell , repugne to the plain Word of God , written in any other place of Scripture , it is a thing most certain that there is not the true understanding and meaning of the Holy Ghost ; supposing that Counsels , Realms , and Nations have approved and received the same . For we dare not receive and admit any Interpretation , which directly oppugneth to any principall point of our faith , to any other plain text of Scripture , or yet to the rule of charitie . XIX . The Authoritie of the Scriptures . ANd we beleeve and confesse the Scriptures of God sufficient to instruct , and make the man of God perfect , so do we affirm and avow the Authoritie of the same to be of God , and neither to depend on men nor Angels : We affirme therefore , That such as alleadge the Scriptures to have no authority , but that which is received from the Church , to be blasphemous against God , and injurious to the true Church , which alwayes heareth and obeyeth the voice of her own Spouse and Pastour , but taketh not upon her to be Mistresse over the same . XX. Of the Generall Councells , of their Power , Authoritie , and Cause of their Convention . AS we not rashly condemne that which godly men assembled together in Generall Councells , lawfully gathered , have approved unto us : So without just examination dare we not receive whatsoever is obtruded unto men , under the name of Generall Councells , for plain it is , that as they were men , so have some of them manifestly erred , and that in matters of great weight and importance . So far then as the Councell proveth the Determination and Commandment , that it giveth by the plain Word of God , so far do we reverence and imbrace the same . But if men under the name of a Councell pretend to forge unto us new Articles of our Faith , or to make Constitutions repugning to the Word of God , then utterly we may refuse the same , as the Doctrine of Devils , which draweth our souls from the voice of our onely God , to follow the Doctrines and Constitutions of men . The cause then why Generall Councells convened , was neither to make any perpetuall Law ( which God before had not made ) neither yet to forge new Articles of our beliefe , neither to give the Word of God authority , much lesse to make that to be his Word , or yet the true interpretation of the same , which was not before by his holy Will expressed in his Word . But the cause of Councells ( we mean of such as merited the name of Councels ) was partly for Confutation of Heresies , and for giving publike Confession of their Faith to the posterities following , which both they did by the authority of Gods written Word , and not by any opinion or prerogative that they could not erre , by reason of their generall assembly . And this we judge to have been the chiefe cause of Generall Councells . The other was for good policie and Order to be constituted and observed in the Church , in which ( as in the house of God ) it becometh all things to be done decently , and in order : not that we think that one Policie , and one Order in Ceremonies can be appointed for all ages , times , and places ; for as Ceremonies ( such as men have devised ) are but temporall , so may , and ought they to be changed , when they rather foster superstition , then that they edifie the Church using the same . XXI . Of the Sacraments . AS the Fathers under the Law , besides the verity of the Sacrifices had two chief Sacraments ; to wit , Circumcision and the Passeover , the despisers and contemners whereof were not reputed for Gods people : so we acknowledge and confesse , That we now in time of the Gospel , have two Sacraments onely , instituted by the Lord Jesus , and commanded to be used by all those that will be reputed to be Members of his Body ; to wit , Baptisme ; and , The Supper , or Table of the Lord Jesus , called , The Communion of his Body and Blood. And these Sacraments ( as well of the Old as of the New Testament ) were instituted of God , not onely to make a visible difference betwixt his people , and those that were without his league ; but also to exercise the Faith of his children , and by participation of the same Sacraments , to seale in their hearts the assurance of his ●romise , and of that most blessed Conjunction , Union , and Societie , which the Elect have with their Head , Christ Jesus . And thus we utterly condemne the vanity of those , that affirme Sacraments to be nothing else but naked and bare signes : No , we assuredly beleeve , That by Baptisme we are ingrafted into Jesus Christ , to be made partakers of his Justice , by the which our sinnes are covered and remitted . And also , That in the Supper rightly used , Christ Jesus is so joyned with us , that he becometh the very nourishment and food of our soules . Not that we imagine any Transubstantiation of Bread into Christs naturall Body ; and of Wine into his naturall Blood ( as the Papists have perniciously taught , and damnably beleeved ) but this Union and Communion which we have with the Body and Blood of Christ Jesus in the right use of the Sacraments , is wrought by operation of the holy Ghost , who by true Faith carrieth us above all things that are visible , carnall , and earthly , and maketh us to feed upon the Body and Blood of Christ Jesus , which was once broken and shed for us , which now is in the heaven , and appeareth in the presence of his Father for us . And yet notwithstanding the far distance of place which is betwixt his Body now glorified in the heaven , and us now mortall in this earth : Yet we most assuredly beleeve , That the Bread that we break is the Communion of Christs Body ; and , The Cup which we blesse , is The Communion of his Blood. So that we confesse and undoubtedly beleeve , That the faithfull in the right use of the Lords Table , so do eat the Body and drink the Blood of the Lord Jesus , That he remaineth in them , and they in him : Yea , That they are so made flesh of his flesh , and bones of his bones , That as the eternall God-head hath given to the flesh of Christ Jesus ( which of the owne condition and nature was mortall , and corruptible ) life and immortalitie , so doth Christ Jesus Flesh and Blood eaten and drunken by us , give to us the same prerogatives ; which albeit we confesse , are neither given unto us at that onely time , neither yet by the proper power and vertue of the Sacraments onely ; yet we affirme , That the faithfull in the right use of the Lords Table hath such conjunction with Christ Jesus , as the naturall man cannot comprehend : yea , and further we affirme , That albeit the faithfull oppressed by negligence , and manly infirmity , doth not profit so much as they would at the very instant action of the Supper , yet shall it after bring forth fruit ; as lively seed sowne in good ground ; for the holy Spirit which can never be divided from the right institution of the Lord Jesus , wil not frustrate the faithfull , of the fruit of that mysticall action ; but all this we say cometh by true Faith , which apprehendeth Christ Jesus , who onely maketh his Sacraments effectuall unto us , and therefore whosoever slandereth us , as though we affirmed or beleeved Sacraments to be openly naked and bare signes , do injurie unto us , and speak against a manifest truth . But this liberally and frankly we must confesse , That we make a distinction betwixt Christ Jesus in his naturall substance , and betwixt the elements in the Sacramentall signes . So that we will neither worship the signes , in place of that which is signified by them , neither yet do we despise and interpret them , as unprofitable and vain , but do use them with all reverence , examining our selves diligently before that so we do , because we are assured by the mouth of the Apostle , that such as eat of that Bread , and drink of that Cup unworthily , are guilty of the Body and Blood of the Lord Jesus . XXII . Of the right administration of the Sacraments . THat Sacraments be rightly ministred , we judge two things requisite : The one , that they be ministred by lawfull Ministers , whom we affirme to be onely they that are appointed to the Preaching of the Word , or unto whose mouthes God hath put some Sermon of Exhortation , they being men of lawfull choosing thereto by some Church . The other , That they be ministred in such elements , and in such sort as God hath appointed . Else we affirme , That they cease to be right Sacraments of Christ Jesus . And therefore it is , that we flee the societie with the Papisticall Church , in participation of their Sacraments ; First , because their Ministers are no Ministers of Jesus Christ ( yea , which is more horrible ) they suffer women , whom the holy Ghost will not suffer to teach in the Congregation , to Baptize . And secondly , because they have so adulterate , both the one Sacrament and the other , with their own inventions , that no part of Christs action abideth in the originall purity , for Oyl , Salt , Spittle , and such like in Baptisme , are but mens inventions , Adoration , Veneration , bearing through Streets and Townes , and keeping of bread in Boxes , are prophanation of Christs Sacraments , and no use of the same : For Christ Jesus said , Take and eat , &c. Do ye this in remembrance of me . By which words and charge he sanctified Bread and Wine to be the Sacrament of his Body and Blood ; to the end , that one should be eaten , and that all should drink of the other , and not that they should be kept to be worshipped and honoured as God , as the blinde Papists have done heretofore , who also have committed Sacriledge , stealing from the people one part of the Sacrament ; to wit , The blessed Cup. Moreover , that the Sacraments be rightly used , it is required , That the end and cause why the Sacraments were instituted , be understood and observed , as well of the Minister as the Receivers : for if the opinion be changed in the Receiver , the right use ceaseth : which is most evident by the rejection of the sacrifices ( as also if the teacher teach false Doctrine ) which were odious and abhominable unto God ( albeit they were his own ordinances ) because that wicked men used them to another end then God hath ordained . The same affirm we of the Sacraments in the Papisticall Church , in which we affirm the whole action of the Lord Jesus to be adulterate , as well in the externall form , as in the end and opinion ; What Christ Jesus did , and commanded to be done , is evident by the three Evangelists who speak of the Sacrament , & by S. Paul ; what the Priest doth at his Altar , we need not to rehearse . The end and cause of Christs institution , and why the self-same should be used , is expressed in these words , Do ye this in remembrance of me , as oft as ye shall eat of this Bread , and drink of this Cup , ye shall shew forth ( that is , extoll , Preach , and magnifie ) the Lords death till he come . But to what end , and in what opinion the Priests say their Masses , let the words of the same their own Doctours and Writings witnesse ; to wit , That they are Mediatours betwixt Christ and his Church , to offer unto God the Father , a Sacrifice propitiatorie for the sinnes of the quick and the dead : Which Doctrine , as blasphemous to Christ Jesus , and making derogation to the sufficiencie of his onely Sacrifice once offered for purgation of all those that shall be sanctified , we utterly abhorre , detest , and renounce . XXIII . To whom Sacraments appertaine . VVE confesse and acknowledge , That Baptisme appertaineth as well to the infants of the faithfull , as unto those that be of age and discretion ; And so we condemne the errour of the Anabaptists , who deny Baptisme to appertaine to children , before that they have Faith and understanding . But the Supper of the Lord we confesse to appertaine onely to such as have been of the houshold of Faith , can try and examine themselves , as well in their Faith , as in their duties towards their neighbours . Such as eat at that holy Table without Faith , or being at dissension and division with their brethren do eat unworthily . And therefore it is , that in our Churches Ministers take publike and particular examination of the knowledge and conversation of such as are to be admitted to the Table of the Lord Jesus . XXIV . Of the Civill Magistrate . VVE confesse and acknowledge Empires , Kingdomes , Dominions and Titles , to be distincted and Ordained by God , the powers and authorities in the same ( be it of Emperours in their Empires , of Kings in their Realms , Dukes and Princes in their Dominions , or of other Magistrates in free Cities ) to be Gods holy Ordinance , ordained for manifestation of his owne glory , and for the singular profit and commoditie of mankinde . So that whosoever goeth about to take away , or to confound the holy state of Civill Policies , now long established ; We affirm the same men not onely to be enemies to mankinde , but also wickedly to fight against Gods expresse will. We further confesse and acknowledge , That such persons as are placed in authority , are to be loved , honoured , feared , and holden in most reverent estimation , because they are the Lieutenants of God , in whose Session God himself doth sit and judge ( yea , even the Judges and Princes themselves ) to whom by God is given the sword , to the praise and defence of good men , and to revenge and punish all open malefactours . To Kings , moreover Princes , Rulers , and Magistrates , to affirme , that chiefly and most principally the reformation and purgation of Religion appertaineth , so that not only they are appointed for civill policie but also for maintenance of the true Religion , and for suppressing of Idolatry and Superstition whatsoever , as in David , Iosaphat , Ezekias , Iosias , and others highly commended for their zeal in the cause , may be espied . And therefore we confesse and avow , that such as resist the supreme Powers ( doing that which appertaineth to their charge ) do resist Gods Ordinance , and therefore cannot be guiltlesse : And further we affirme , that whosoever deny unto them their aide , counsell , and comfort , while the Princes and Rulers vigilantly travell in the executing of their Office , that the same men denie their help , support and counsell to God , who by the presence of his Lieutenant craveth it of them . XXV . The gifts freely given to the Church . ALbeit that the word of God truly preached the Sacraments rightly ministred , and discipline executed according to the Word of God , be the certain and infallible signes of the true Church , yet doe we not so meane , that every particular person joyned with such a company , be an Elect Member of Christ Jesus , for we acknowledge and confesse that Darnell , Cockle , and Chaffe may be sowne , grow in great abundance , lie in the middest of the Wheate , that is , the Reprobate may be joyned in the societie of the Elect , and may externally use with them the benefits of the Words and Sacraments . But such being but temporall professors in mouth , but not in heart , doe fall backe and continue to the end . And therefore have they no fruit of Christs death , resurrection and ascension . But such as with heart unfained beleeve , and with mouth boldly confesse the Lord Jesus ( as before we have said ) shall most assuredly receive these gifts , first in this life remission of sinnes , and by faith onely in Christs blood , in so much , that albeit sinne remain and continually abide in these mortall bodies , yet it is not imputed unto us , but is remitted and covered with Christs justice . Secondly , in the generall judgement there shall be given to every man and woman resurrection of the flesh For the Sea shall give her dead , the earth those that therein be inclosed ; yea , the Eternall our God shall stretch out his hand upon the dust , and the dead shall arise incorruptible , and that in the substance of the same flesh that every man now bears , to receive according to their works glory and punishment , for such as now delight in vanitie , crueltie , filthinesse , superstition , or idolatry shall be adjudged to the fire inextinguible , in the which they shall be tormented for ever , as well in their bodie , as in their soules ; which now give to serve the devill in all abomination . But such as continue in well doing to the end , boldly professing the Lord Jesus , to whose glorified Body all his Elect shall be like , when he shall appear againe to Judgment , and shall render up the Kingdom to God his Father , who then shall be , and ever shall remain All in All things God blessed for ever : To whom , with the Son , and with the holy Ghost , be all Honour and Glory , now and for ever . Amen . Arise , O Lord , and let thine enemies be confounded ; let them flie from thy presence that hate thy holy Name : Give thy servants strength to speake thy Word in boldnesse , and let all Nations attain to thy true knowledge . These Acts and Articles were read in face of Parliament , and ratified by the three States of this Realm , at Edinburgh the 17 day of Iuly , in the yeer of our Lord 1560. This our Confession was publikely read , first in audience of the Lords of the Articles ; and after , in the audience of the whole Parliament , where were present , not onely such as professed Christ Jesus , but also a great number of the adversaries of our Religion , such as the forenamed Bishops , and some other of the Temporall State , who were commanded in Gods Name to object , if they could say any thing against that Doctrine . Some of our Ministers were present , standing upon their feet , ready to have answered , in case any would have defended Papistry , and impugned our affirmatives . But while that no objection was made , there was a day appointed for concurrence in that and other Heads . Our Confession was read every Article by it self over again , as they were written in order , and the voice of every man was required accordingly . Of the Temporall State , onely gave their voice on the contrary , the Earl of Athol , the Lords Simmerwaile and Borthwicke : And yet for their disassenting , they produced no better reason , but , We will believe as our Fathers believed . The Bishops ( Papisticall we mean ) spake nothing . The rest of the whole three States by their publike Votes , affirmed the Doctrine ; and the rather , Because that fain the Bishops would , but durst say nothing on the contrary ; for this was the Vote of the Earle Marshall ; It is long since I have had some favour unto the Truth , and since that I have had a suspicion of the Papisticall Religion . But I praise my God , who this day hath fully resolved me in the one and the other : For seeing that the Bishops , who for their learning can , and for their zeal that they should bear to the Verity , would , as I suppose , have gainsaid any thing that directly repugneth to the Verity of God. Seeing , I say , the Bishops here present speak nothing in the contrary of the Doctrine proposed , I cannot but hold it for the very Truth of God , and the contrary to be deceivable Doctrine . And therefore so far as in me lieth , I approve the one , and condemne the other : And do farther ask of God , That not onely I , but also all my posterity , may enjoy the comfort of the Doctrine that this day our ears have heard . And yet more I must Vote , as it were by way of Protestation , That if any person Ecclesiasticall shall after this oppose themselves to this our Confession , that they that have no place nor credit ; considering that they having long advertisement , and full knowledge of this our Confession , none is now found in lawfull , free , and quiet Parliament to oppose themselves to that which we professe : And therefore if any of this Generation pretend to do it after this , I protest he be reputed rather one that loveth his own commodity , and the glory of the world , then the Truth of God , and the salvation of mens souls . After the Voting and Ratification of this our Confession by the whole Body of the Parliament , there were also pronounced two Acts ; the one against the Masse , and the abuse of the Sacraments ; and the other against the Supremacy of the Pope . The Tenour whereof followeth . An Act against the Masse , and the Sayers and Hearers thereof . IN the Parliament holden at Edinburgh the tenth of Iuly , the yeer of God , 1560. The said Parliament being continued to the first of August next thereafter following , with continuation of dayes , upon the twenty fourth day of the said moneth of August , the three States then being present : The which day , forsomuch as Almighty God , by his most true and blessed Word , hath declared the Reverence and Honour which should be given to him ; and by his Son Iesus Christ hath declared the true use of the Sacraments , willing the same to be used according to his Will and Word ; By the which it is notorious , and perfectly knowne , That the Sacraments of Baptisme , and of the Body and Blood of Iesus Christ , hath been this long time past , corrupted by the Papisticall Church , and by their Ministers . And at this present time , notwithstanding the Reformation already made according to Gods Word ; yet neverthelesse , there is some of the same Popes Church that stubbornly persevereth in their wicked Idolatry , saying Masse , and Baptizing conform to the Popes Church , profaning therethrough the Sacraments aforesaid in quiet secret places , regarding therein neither God nor his Word : Therefore it is Decreed and Ordained in this present Parliament , That no manner of person or persons , in any time coming , administrate any of the Sacraments secretly , in any manner of way , but they that are admitted , and having power to that effect ; Nor say Masse , nor yet heare Masse , nor be present thereat , under the pain of confiscation of all their goods , and punishing of their bodies at the discretion of the Magistrates within whose Iurisdiction such persons happeneth to be apprehended for the first fault ; banishing out of the Realme for the second fault , and chastising by death for the third fault . And Ordaineth all Sheriffs , Stewards , Baylies , and their Deputies , Provosts and Bayliffs of Burroughs , and other Iudges within this Realm , to make diligent sute and inquisition within their Bounds , where any such usurped Ministry is used , Masse-saying , or they that be present at the doing thereof , ratifying , and approving the same , and take , and apprehend them , to the effect , that the pains above written may be executed upon them . Extractum de Libro Parliamenti , per me , &c. Sic Subscribitur . Iacobus Magill . The Act for the abolishing of the Pope , and his usurped Authority in SCOTLAND . IN the Parliament holden at Edinburgh the tenth of July , the year of God 1560. And thereafter continued to the first day of August next thereafter following , with continuation of dayes upon the 24 of the said Moneth of August , the three States then being present , understanding that the Iurisdiction and Authority of the Bishop of Rome , called the Pope , used in this Realm in times past hath been very hurtsome and prejudiciall to our Soveraigns Authority and Common-weale of this Realm . Therefore hath decreed and ordained , That the Bishop of Rome hath no Iurisdiction nor Authority in this Realm in times comming . And that none of our said Soveraigns Subjects , claim , and desire in any time herafter title or right by the said Bishop of Rome , or his sect , to any thing within this Realm , under the pains of Baratrie , that is to say , Proscription , banishment , and never to brook and enjoy honour , office , nor dignity within this Realm ; and the contraveners hereof to be called before the Iustice , or his Deputies , or before the Lords of the Session , and punished therefore , confirm to the Laws of this Realm ; and the furnishers of them with fynance of money , and purchasers of their title of right , or maintainers or defenders of them , shall incur the same pains : And that no Bishop , nor other Prelat of this Realm , use any Iurisdiction in times to come , by the said Bishop of Romes Authority , under the pain aforesaid . Extractum de Libro Parliamenti , per me , Ut supra . These and other things orderly done in lawfull and free Parliament , we directed to France to our Soveraign Sir Iames Sandelandes Lord of Saint - Iohn , with the Acts of the said Parliament , that by them they might be ratified , according to the promises of their Majesties Commissioners made to us , as by the Contract of Peace may evidently appear . But how the said Lord of Saint Iohn was received and used , we list not to rehearse : But alwayes no ratification brought he unto us , but that we little regarded , or yet do regard ; for all that we did , was rather to shew our dutifull obedience , then to beg of them any strength to our Religion , which from God hath full power , and needed not the suffrage of man , but in so far as man had need to beleeve it , if that ever he shall have participation of the life everlasting . But somewhat must we answer to such as since hath whispered , that it was but a pretended Parliament , a privie Convention and no lawfull Parliament . Their reasons are , The King and Queen were in France , there was neither Scepter , Sword , nor Crown born , &c. And some Principall Lords were absent . We answer , That we rather wish the Papists to be quiet then too curiously to travell in that Point : for it may be , while they thinke to hurt us , they give the Queene and her authority a great blow , and yet amend themselves nothing . For in whose default we pray you was the Queen absent from this Realm ? We think they will not be so shamelesse as that they will blame the Protestants thereof . Her person was absent , and that to no small grief of our hearts : But were not the States of her Realm assembled in her name ? Yea , had they not her full power and Commission , yea , the Commission and commandment of her head the King of France , to convocate that Parliament , and to do all things that may be done in lawfull Parliament ? Even as if our Soveraigns had been there in proper persons : If they will limit the power of Princes to the places onely where their bodily presence is , it will be thought strange ; for so not onely shall Kings be compelled to content them with one Realme , but also with one Citie : For the bodily presence of Kings can no more be in divers cities at one instant , then that they can be in divers Realms . Hitherto we have understood , that wheresoever the great Councellers of the King with his power and Commission are assembled , to do any thing at his just commandment , That there is the Kings sufficient presence and authority , wheresoever his own body be living at freedome and liberty ; which if the Papists deny , we will finde faults with them , and with the Princes whom they have abused , that more will annoy them , then any thing that we can lose by the insufficiencie of that Parliament : Which neverthelesse we are bold to affirme to have been more lawfull and more free , then any Parliament that they are able to produce this hundred yeeres before it , or yet any that hath ensued since it was , ( he meanes untill 1566. when this Book was written ) for in it the voices of men were free , and given in conscience , in others they were bought , or given at the devotion of the misled Prince . All things in it concluded , are able to abide the triall , and not to be consumed at the proofe of the fire : of others the godly may justly call in doubt things determined . To the Sword and Scepter , nor yet to the absence of some Lords , we answer nothing . For our adversaries know well enough that the one is rather a pompe , and vaine-glorious ceremonie , then a substantiall point of necessitie required to a lawfull Parliament : And the absence of some prejudges not the powers of the present duely assembled : Providing , that due advertisement be made unto them . But now we return to our History . The Parliament dissolved , consultation was had , how the Church might be established in a good and godly policie , which by the Papists was altogether defaced . Commission and charge was given to Master Iohn Winram Sub-priour of S. Andrews , Master Iohn Spottiswood , Iohn Willock , Master Iohn Dowglas Rectour of S. Andrews , Master Iohn Row , and Iohn Knox , to draw in a Volume the Policie and Discipline of the Church , as well as they had done the Doctrine , which they did , and presented it to the Nobility , who did peruse it many dayes . Some approved it , and willed the same to have been set forth by a Law , others perceiving their carnall liberty and worldly commodity somewhat to be impared thereby , grudged , in so much that the name of the Book of Discipline became odious unto them . Every thing that repugned to their corrupt imaginations was termed in their mockage , Devout imaginations . The cause we have before declared , some was licentious , some had greedily griped the possessions of the Church ; and others thought that they would not lack their part of Christs Coat , yea , and that before that ever he was Crucified , as by the Preachers they were oft rebuked . The chief great man that had professed Christ Jesus , and refused to subscribe the Book of Discipline , was the Lord Erskin . And no wonder , for besides that , he had a very evill woman to his wife , if the Poore , the Schooles , and the Ministerie of the Church had their owne , his Kitchin would lack two parts and more , of that which he unjustly now possesseth . Assuredly some of us hath wondered how men that professe godlinesse could of so long continuance hear the threatnings of God against theeves and against their houses , and knowing themselves guilty , in such things as were openly rebuked , and that they never had remorse of conscience , neither yet intended to restore any thing of that which long they had stollen and reft . There were none within the Realme more unmercifull to the poore Ministers then were they which had greatest rents of the Churches . But in that we have perceived the old Proverb to be true ; Nothing can suffice a wretch . And again , The belly hath no eares . Yet the same Book of Discipline was subscribed by a great part of the Nobility ; To wit , The Duke , the Earle of Arrane , the Earles Argyle , Glencarn , Mershell , Menteth , Morton , Rothesse , Lord Iames after Earle of Murray , Lords Yeaster , Boyd , Uchiltrie , Master of Maxwell , Lord Lindsay elder , and the Master after Lord Barrons , Drunlaurige , Lothingwar , Garleisse , Bargany , Master Alexander Gordon Bishop of Galloway , ( this Bishop of Galloway , as he renounced Popery , so did he Prelacie , witnesse his subscription of the Book of Discipline , as the rest of the Prelats did who did joyne to the Reformation ) Alexander Campbell Deane of Marray , with a great number moe subscribed and approved the said Book of Discipline in the Town-Buith of Edinburgh , the 27 day of January , the yeere of our Lord God 1560. by their approbation ; In these words : WE which have subscribed these presents , having advised with the Articles herein specified , and as is above-mentioned from the beginning of this Book , thinks the same good and conforme to Gods Word in all points conforme to the Notes and Additions thereto , asked , and promise to set the same forward at the uttermost of our powers . Providing that the Bishops , Abbots , Priors , and other Prelates and Beneficed men which else have adjoyned themselves to us , brooke the revenues of their Benefices during their life times , they sustaining and upholding the Ministerie and Ministers , as is heerein specified , for Preaching of the Word and Ministring of the Sacraments . What be the contents of the whole Book , and how that this promise was illuded from time to time we shall after heare . Shortly after the said Parliament were sent from the Councell Ambassadours to England , the Earles Morton and Glencarne , together with William Maitland of Lethington , yonger . The chief point of their Commission was earnestly to crave the constant assistance of the Queens Majestie of England , against all forraigne invasion and common enemies . That same time was the Castle of Semple hard besieged and taken . Because the Lord thereof disobeyed the Lawes and Ordinances of the Councell in many things , and especially in that , that he would maintain the Idolatrie of the Masse , and also , that he beset the way to the Earle of Arrane , with a great gathering , as he was riding with his accustomed company . The Papists were proud , for they looked for a new Armie from France at the next Spring , and thereof was no small appearance , if God had not otherwise provided . For France utterly refused the confirmation of the Peace contracted at Leith , would ratifie no part of our Parliament , dismissed the Lord of Saint Iohn , without a resolute answer , began to gather new Bands of throat-cutters , and to make great preparation for Ships . They further sent before them certain practisers , ( amongst whom the Lord Seaton who had departed with the French out of Leith was one ) to raise up new troubles within this Realme . And all this came partly of the malice of the house of Guise , who had avowed to revenge the displeasure of their sister both upon England and Scotland , and partly by instigation of proud Beton , falsly called Bishop of Glasgow , of Dury Abbot of Dunfermeling , and Saulles Seaton , and Master Iohn Sinclair Deane of Restalrige , with such others of the French faction , who had openly spoken , That they had refused all portion of Scotland , unlesse that it were under the government of a French-man . Recompence them ( O Lord ) as thou knowest most expedient for thine owne glory , and for the perpetuall shame of all Traitours to their Common-wealth . The certain knowledge of all these things came to our eares , whereat many were afraid , and divers suspected that England would not be so forward in times to come , considering that their former expences were so great . The principall comfort remained with the Preachers , for they assured us in Gods Name that God would performe in all perfection that worke in our hands . The beginning whereof he had so mightily maintained , because it was not ours , but his own . And therefore exhorted us , That we should constantly proceed to reform all abuses , and to plant the Ministery of the Church , as by Gods word we might justifie it ; and then commit the successe of all to our God , in whose power the disposition of Kingdoms standeth . And so we began to do , for troubles appearing , made us give eare to the admonitions of Gods servants . And while that we had scarcely begun again to implore the help of our God , and to shew some signes of our obedience unto his Messengers , and holy Word , Lo the mighty hand of God from above sent unto us a wonderfull and most joyfull deliverance : For unhappy Francis , husband to our Soveraigne , suddenly perished of a rotten eare . But because the death of that young man was not onely the cause of joy to us in Scotland , but also by it were the faithfull in France delivered as it were from the present death . We think expedient to speak of the same somewhat more largely . These cruell and conjured enemies of God and of all godlinesse , the Duke of Guise , the Cardinall of Loraine , and their faction , who then at their owne appetite plaid the Tyrants in France , had determined the destruction of all that professed the true knowledge of Jesus Christ within that Realme . What tyrannie late before they had used at Amboyse , the History of France doth witnesse : now in Orleance in the moneth of November , conveaned the King , unhappy Francis , the Queen our Soveraigne , and the Queen mother of the King , the Duke of Guise , with all his faction : The King of Navarre , and the Prince of Condie , his brother . So that great was the confluence of the Nobilitie , but greater was the assembly of the murtherers , for there was not a Hang-man in all France which was not there . The prisons were full of the true servants of God : The King of Navarre , and the Prince of Condie were constituted Prisoners . The Sheriffe of Orleance , a man fearing God , was taken , and so were many others of the Towne . Briefly , there was none that professed God or godlinesse within that Towne , that looked not for the extremity , for the Walles and Gates were night and day kept with the Garisons of the Guysians , miserable men were daily brought in , to suffer judgement , but none was suffered to depart forth , but at the devotion of the Tyrants . And so they proceeded till the tenth or twelfth of December , when that they thought time to put their bloody councell in execution , and for that purpose conclusion was taken , That the King should depart out of the Towne , and lie at a certaine place ; which was done to this intent , That there should no suite be made to the King for the safetie of any mans life , whom they thought worthy of death . And so was the Kings house in Orleance broken up , his beds , cofers , and tapistrie sent away , his owne bootes put on , he sitting at the Masse immediately hereafter to have departed , and so their tyrannie to have begun . When all things , we say , were in this readinesse to shed the blood of innocents , the eternall , our God , who ever watcheth for the preservation of his owne , began to worke , and suddenly did put his own work in execution , for as the said King sat at Masse , he was suddenly stricken with an Aposthume , in that deaf ear that never would hear the Trueth of God , and so was he carried to a void and empty house , laid upon a palliase unto such time as a Cannaby was set up unto him , where he lay till the fifteenth day of December , in the yeere of God 1560. When his glory perished , and the pride of his stubborne heart vanished in smoke ; And so was the snare broken ; The Tyrants disappointed of their crueltie ; Those that was appointed to death , raised , as it were , out of their graves ; And we , who by our foolishnesse had made our selves slaves to strangers , were restored againe to freedome and libertie of a free Realme . O that we had hearts deepely to consider what are thy wondrous works ( O Lord ) that we might praise thee in the midst of this most obstinate and wicked generation , and leave the memoriall of the same to our posterities , which alas , we feare shall forget these thy inestimable benefits . Some in France , after the sudden death of Francis the 2. and calling to minde the death of Charles the 9 in blood ; and the slaughter of Henry the 2. did remark the Tragicall ends of these three Princes , who had persecuted Gods servants so cruelly by their instruments the Guisians , and by their Pens both in Prose and Verse , did advise all other Princes not to authorize any Persecution or wrong done unto Gods servants , left they should have the like end . And indeed the following Kings of France unto this day , hath found this true by their infortunate and unexpected ends . The death of this King made great alteration in France , England and Scotland ; France was erected in some esperance that the tyranny of the Guisians should no longer raigne above them , because God at unawares had broken the staffe whereupon they leaned ; but alas , they were deceived : For the simplicity of some was so abused , that against the Lawes of the Realm , to the Queen mother was committed the Regiment , which lifted up as well the Duke of Guise , as the cruell Cardinall , for a season . The Queen of England , and the Councell , remitted our Ambassadours . The pride of the Papists of Scotland began to be abated , and some that ever had shewn themselves enemies unto us , began to think , and plainly to speak ( amongst whom the old Sheriff of Ayre was one ) That they perceived God to fight for us . The Earle of Arrane having suffered repulse in his designe to marry the Queen of England , he began to fancie unto himselfe that the Queen of Scotland bare unto him some favour : And so he wrote unto her , and sent for credit a Ring , which the said Queen our Soveraign knew well enough . The Letter and Ring were both presented to the Queen , and by her received : Such answer was returned to the said Earle , after the which he made no further pursuit in that matter : And yet neverthelesse he did bear it heavily in heart , and more heavily then his friends would have wished ; for grief he was troubled in his understanding . The certainty of the death foresaid was signified unto us both by Sea and Land. By Sea received Iohn Knox ( who then had great intelligence both with the Churches abroad , and some of the Court of France ) That the King was mortally sick , and could not well escape death . Which Letters received that same day at afternoon he passed to the Duke to his own lodging at the Church of Field , with whom he found the Lord Iames in conference alone : The Earle of Arrane was in Iedburgh , to whom he opened such news as he had received , and willed them to be of good comfort ; for , said he , the advertiser hath never deceived me : It is the same Gentleman that first gave us knowledge of the slaughter of Henry King of France ; and shewed unto them the Letter , but would not expresse the mans name . While they were reasoning in divers purposes , and he comforting them : For while ( we say ) they three were familiarly communing together , there came a messenger from the Lord Gray forth of Barwick , assuring him of the death of the K. of France . Which noysed abroad , a generall Convention of the Nobility was appointed to be holden at Edinburgh the fifteenth day of Ianuary following , in the which the Book of discipline was perused newly over againe , for some pretended ignorance , by reason that they had not heard it . In that assembly was Master Alexander Anderson Subprincipall , and Under-Master of one of the Schools of Aberdein , a man more subtill and craftie than either learned or godly , called , who refused to dispute anent his faith , abusing a place of Tertullian , to cloak his ignorance . It was answered unto him , That Tertullian should not prejudge the Authoritie of the Holy Ghost , who by the mouth of Peter commandeth us to give reason of our faith to every one that requireth the same of us ; It was farther answered , that we neither required him , neither yet any man to dispute in any point concerning our faith ▪ which was grounded upon Gods Word , and fully expressed in his holy Scriptures , for all that we beleeved without controversie . But we required of him , as of the rest of Papists , that they would suffer their Doctrine , Constitutions , and Ceremonies to come to triall . And principally , that the Masse and the opinion thereof by them taught unto the people , might be laid to the square rule of Gods Word , and unto the right Institution of Jesus Christ , That they might understand whether that their Preachers offended , or not , in that , that they affirmed . The Action of the Masse to be expresly repugning unto the last Supper of the Lord Jesus , The sayer of it to commit horrible blasphemie in usurping up-him the Office of Christ , The hearers to commit damnable Idolatry , and the opinion of it conceived to be a derogation , and as it were a disanulling of Christs death . While the said Master Alexander denied , that the Priest took upon him Christs office , to offer for sin , as he alleaged , a Masse book was produced , and in the beginning of the Canon were these words read , Suscipe Sancta Trinitas hanc oblationem quam ego indignus peccator offero tibi vivo Deo & vero , pro peccatis meis , pro peccatis totius Ecclesiae vivorum & mortuum . Now said the reasoner , if to off●r for the sinnes of the whole Church , was not the Office of Christ Jesus , yea that Office that to him onely might , and may appertaine , let the Scripture judge . And if a vile Knave , whom ye call Priest , proudly taketh the same upon him , let your own Books witnesse . The said Mr. Alexander answered , Christ offered the propitiatory , and that could none do but he ; but we offer the remembrance . Whereto it was answered , We praise God that ye have denyed a sacrifice propitiatorie to be in the Masse ; and yet we offer to prove , that in moe than a hundreth places of your Papisticall Doctors this proposition is affirmed , The Masse is said to be a Sacrifice propitiatory . But the second part , where ye alleage that ye offer Christ in remembrance ; we ask first , Unto whom do ye offer him ? and next by what authority are ye assured of well-doing ? In God the Father there falleth no Oblivion : And if ye will shift and say , that ye offer it not as God , were forgetfull , but as willing to apply Christs merits to his Church . We demand of you , What power & commandment have ye so to do ? We know that our Master Christ Jesus commanded his Apostles to do that which he did in remembrance of him , But plain it is , that Christ took bread , gave thanks , brake bread , and gave it to his disciples , saying , Take ye , eate ye , this is my body which is broken for you , do this in remembrance of me , &c. Here we finde a commandment , to take , to eat , to take and to drinke ; but to offer Christs Body either for remembrance or application , we finde not : And therefore we say , To take upon you an Office which is not given unto you , is unjust usurpation , and no lawfull power . The said Master Alexander being more then astonished , would have shifted ; but then the Lords willed him to answer directly , whereto he answered , That he was better seen in Philosophie , then in Theologie . Then was commanded M. Iohn Leslie ( who then was Parson of Une , and now Abbot of Londors , and after was made Bishop of Rosse ) to answer to the former Argument ; and he with great gravity began to answer , If our Master have nothing to say to it , I have nothing ; for I know nothing but the Cannon Law : And the greatest reason that ever I could finde there , is , Nolumus and Volumus , and yet we understand that now * he is the onely Patron of the Masse . But it is no marvell , for we understand that he is a Priests get and Bastard , and therefore we should not wonder , albeit that the old truan Verse be true , Patrem sequitur sua proles . The Nobility hearing that neither the one nor the other would answer directly , said , We have been miserably deceived heretofore ; for if the Masse may not obtaine remission of sins to the quick and to the dead , Wherefore were all the Abbies so richly doted and endowed with our Temporall lands . Thus much we thought good to insert here , because that some Papists are not ashamed now to affirm , That they with their reasons could never be heard , but that all we did , we did by meer force ; when that the whole Realme knoweth , That we ever required them to speak their judgements freely , not onely promising unto them protection and defence , but also that we should subscribe with them , if they by Gods Scriptures could confute us , and by the same Word establish their assertions . But who can correct the leasings of such as in all things shew them the sons of the Father of all lies . Preserve us , Lord , from that perverse and malicious Generation . Amen . At this same Assembly was the Lord Iames appointed to go to France to the Queen our Soveraigne , and a Parliament was appointed to begin the 20 of May next following ; for at that time was the returne of the said Lord Iames looked for : and so was that Convention dissolved , without any other thing of importance concluded . The said Lord Iames prepared him for his journey ( for albeit he past in the publike affairs , he sustained the charge of his own expences ; and yet there never past from this Realme in the company of one man so many , and so honest thorow England to France . ) Before he departed , he was forewarned , as well of the danger in France , as of the Queens craft ( not that we then suspected her nature , but that we understood the malice of her friends ) he was plainly premonished , That if ever he condescended that she should have Masse publikely or privately within the Realme of Scotland , that then betrayed he the Cause of God , and exposed the Religion even to the uttermost danger that he could do . That she should have Masse publikely , he affirmed that he would never consent : But to have it secretly in her Chamber , Who could stop her ? The danger was shewn , and so he departed . The Forme and Order of the Election of the Superintendent , and all other Ministers at Edinburgh , March the 9. 1560. John Knox being then Preacher . FIrst , was made a Sermon , in the which these Heads were handled : First , The necessity of Ministers and Superintendents , or Overseers . The second , the crimes and vices that might unable them of the Ministry . Thirdly , the vertues required in them . Fourthly and lastly , Whether such as by publike consent of the Church were called to such Office , might refuse the same . The Sermon finished , it was declared by the same Minister , maker thereof , That the Lords of the Secret Councell had given Charge and Power to the Churches of Lowthian , to to chuse Master Iohn Spottiswood Superintendent or Overseer ; And that sufficient warning was made by publike Edict to the Churches of Edinburgh , Linliethquow , Sterlin , Tranent , Hadington , and Dumbar , as also to the Earles , Lords , Barons , Gentlemen , and others , that have , or that might claim to have Vote in Election , to be present that day , and that same hour . And therefore enquiry was made , Who were present , and who were absent . After was called the said Iohn , who answering the Minister , demanded , If he knew any crime or offence to the said Master Iohn , that might unable him to be called to that Office ? and that he demanded thrise . Secondly , question was moved to the whole multitude , If there was any other whom they put in Election with the said Master Iohn : The people were asked , If they would have the said Master Iohn Superintendent or Overseer ? If they would honour and obey him as Christs Minister , and comfort and assist him in every thing pertaining to his Charge ? They answered : We will and do promise unto him such obedience , as becometh Sheep to give unto their Pastor , so long as he remaineth faithfull in his Office. Tne answers of the people , and their consent received , the questions were propounded to him that was to be elected . Question . Seeing that ye hear the thirst and desire of this people ; Do ye not thinke your selfe bound in conscience before God to support them , that so earnestly call for your comfort , and for the fruit of your labours ? Answer . If any thing were in me able to satisfie their desire , I acknowledge my selfe bound to obey God calling by them . Question . Do ye seek to be promoted to this Office and charge , for any respect of worldly commodity , riches , or glory ? Answer . God knoweth the contrary . Question . Beleeve ye not that the Doctrine of the Prophets and Apostles , contained in the Books of the Old and New Testaments , are the onely true , and most absolute foundation of the Universall Church of Christ Jesus , in so much that in the same Scriptures are contained all things necessary to be beleeved for the salvation of mankinde ? Answer . I verely beleeve the same , and do abhorre and utterly refuse all Doctrine alleadged necessary to salvation , that is not expressedly contained in the same . Question . Is not Christ Jesus man of man , according to the flesh ; to wit , The Sonne of David , The seed of Abraham , Conceived by the holy Ghost , Born of the Virgine his mother ; and that he is the onely Head and Mediatour of his Church ? Answer . He is , and without him there is neither salvation to man , nor life to Angel. Question . Is not the same Lord Jesus , The onely true God , The eternall Son of the eternall Father , in whom all that shall be saved were elected before the foundation of the world was laid ? Answer . I confesse and acknowledge , and confesse him in the Unitie of his God-head , to be God above all things blessed for ever . Question . Shall not they whom God in his eternall Councell hath elected , be called to the knowledge of his Sonne , our Lord Jesus , and shall not they who of purpose are called in this life , be justified , and justification and free remission of sins is obtained in this life by free grace ? Shall not the glory of the sons of God follow in the generall Resurrection , when the Son of God shall appear in his glorious Majestie ? Answer . This I acknowledge to be the Doctrine of the Apostles , and the most singular comfort of Gods children . Question . Will ye not then containe your self in all Doctrine within the bounds of this foundation ? Will ye not studie to promove the same , as well by your life , as by your Doctrine ? Will ye not , according to the graces and utterance that God shall grant unto you , professe , instruct , and maintaine the puritie of the Doctrine contained in the sacred Word of God , and to the uttermost of your power ? Will ye not gain-stand and convince the gain-sayers , and the teachers of mens inventions ? Answer . That do I promise in the presence of God , and of his Congregation heere assembled . Question . Know ye not that the excellencie of this Office to the which God hath called you , requireth that your conversation and behaviour be such , as that ye may be irreprehensible , yea , even in the eyes of the ungodly ? Answer . I unfainedly acknowledge , and humbly desire the Church of God to pray with me that my life be not slanderous to the glorious Gospel of Christ Iesus . Question . Because you are a man compassed with infirmities , will you not charitably and with lowlinesse of spirit receive admonition of your brethren ? And if ye shall happen to slide or offend in any point , will ye not be subject to the Discipline of the Church , as the rest of your brethren . The Answer of the Superintendent or Minister to be elected . I acknowledge my self a man subjected to infirmity , and one that hath need of correction and admonition , and therefore I most willingly subject my selfe to the wholsome Discipline of the Church , yea , to the Discipline of the same Church by which I am now called to this Office and Charge , and here in Gods presence and yours , do promise obedience to all admonitions , secretly or publikely given ; unto which , if I be found inobedient , I confesse my selfe most worthy to be rejected , not onely from this honour , but also from the societie of the faithfull in case of my stubbornnesse . For the vocation of God to beare charge within his Church , maketh not men Tyrants nor Lords , but appointeth them servants , Watch-men , and Pastors to the flock . Thus ended , question must be asked again of the multitude . Question . Require ye any further of this your Superintendent , or Overseer and Minister . If no man answer , let the Minister proceed . Question . Will ye not acknowledge this your brother for the Minister of Christ Jesus , your Overseer and Pastour ? Will ye not reverence the Word of God that proceedeth from his mouth ? Will ye not receive of him the Sermon of Exhortation with patience ; not refusing the wholsome Medicine of your soules , although it be bitter and unpleasing to the flesh ? Will ye not finally maintain and comfort him in his Ministerie and watching over you , against all such as wickedly would rebell against God and his holy Ordinance ? The people answered . We will : as we will answer to the Lord Iesus , who hath commanded his Ministers to be had in reverence , as his Ambassadours , and as men that carefully watch for the salvation of our soules . Let the Nobilitie be urged with this . Ye have heard the dutie and profession of this our brother by your consents appointed to this charge , as also the dutie and obedience which God requireth of us towards him heere in his Ministerie . But because that neither of both are able to performe any thing without the especiall grace of our God in Christ Jesus , who hath promised to be with us present even to the consummation of the world , with unfained hearts let us crave of him his benediction and assistance in this work begun , to his glory , and for the comfort of his Church . The Prayer . O Lord , to whom all power is given in heaven and on earth , thou that art the eternall Sonne of the eternall Father , who hast not onely loved thy Church , that for the redemption and purgation of the same , hast humbled thy selfe to the ignominious death of the Crosse , and thereupon hast shed thy most precious and innocent blood , to prepare to thy self a Spouse without spot , but also to retain this most excellent benefit in recent memory , hast appointed in thy Church , Teachers , Pastours , and Apostles , to instruct , comfort , and admonish the same ; Look upon us mercifully , O Lord , thou that onely art King , Teacher , and high Priest , to thine own flock : and send unto this our Brother , whom in thy Name we have charged with the chief care of thy Church within the bounds of L. such portion of thy holy Spirit , as thereby he may rightly divide thy Word , to the instruction of thy flock , and to the confutation of pernicious errours and damnable Superstitions . Give unto him , good Lord , a mouth and wisdome , whereby the enemies of thy Trueth may be confounded , the Wolves expelled and driven from thy Fold , thy Sheep may be fed in the wholsome Pastures of thy most holy Word , the blinde and ignorant may be illuminated with thy true knowledge . Finally , that the degrees of Superstition and Idolatry which now resteth within this Realme , being purged and removed , we may all not onely have occasion to glorifie thee our onely Lord and Saviour , but also daily to grow in godlinesse and obedience of thy most holy will , to the destruction of the body of sin , and to the restitution of that image , to the which we were once created , and to the which after our fall and defection we are renewed by participation of thy holy Spirit , which by true Faith in thee we do professe , as the blessed of thy Father , of whom the perpetuall increase of thy graces we crave , as by thee our Lord , King , and onely Bishop we are taught to pray . Our Father , &c. The Prayer ended , the rest of the Ministers , if any be , and Elders of that Church present , in signe of their consent , shall take the elected by the hand . The chiefe Minister shall give the Benediction , as followeth ; God , the Father of our Lord Jesus Christ , who hath commanded his Gospel to be Preached , to the comfort of his Elect , and hath called thee to the Office of a Watch-man over his people , multiply his graces with thee , illuminate thee with his holy Spirit ; comfort and strengthen thee in all vertue ; governe and guide thy Ministerie , to the praise of his holy Name , to the propagation of Christs Kingdom , to the comfort of his Church ; and finally , to the plaine discharge and assurance of thine owne conscience in the day of the Lord Jesus ; to whom with the Father and with the holy Ghost , be all honour , praise , and glory , now and ever . So be it . The last Exhortation to the elected . TAke heed to thy selfe , and unto the flock committed to thy charge , feed the same carefully , not as it were by compulsion , but of very love which thou bearest to the Lord Jesus . Walk in simplicity and purenesse of life , as it becometh the true servant and the Ambassadour of the Lord Jesus . Usurpe not dominion nor tyrannicall authority over thy brethren , be not discouraged in adversity , but lay before thy self the example of the Prophets , Apostles , and of the Lord Jesus , who in their Ministery sustained contradiction , contempt , persecution , and death : fear not to rebuke the world of Sin , Justice , and Judgement . If any thing succeed prosperously in thy Vocation , be not puft up with pride , neither yet flatter thy self , as that the good successe proceedeth from thy vertue , industrie or care . But let ever that sentence of the Apostle remain in thine heart ; What hast thou which thou hast not received ? If thou have received , why gloriest thou ? Comfort the afflicted , support the poore , and exhort others to support them . Be not carefull for things of this life , but be fervent in prayer to God for the increase of his holy Spirit . And finally , behave thy selfe in this holy vocation , with such sobriety as God may be glorified in thy Ministery . And so shalt thou shortly obtaine the Victory , and shalt receive the Crowne promised , when the Lord Jesus shall appeare in his glory , whose omnipotent Spirit assist thee and us to the end . Sing 23. Psalme . As the servants of God uprightly travelled to have vice punished , and vertue planted ; so did the devill ever stirre up some in the contrary of both . There was a Law made against fornicators and adulterers , that the one and the other should be Carted thorow the Towns , and so banished , till that their repentance was offered and received . And albeit this was not the severity of Gods Law , especially against adulterers , yet was it a great bridle to the malefactors , whereat the wicked did wonderously storme . It chanced that one Sanderson a Fletcher or Boutcher , was deprehended to have put away his lawfull wife ( under colour that he was lawfully parted after the manner of the Papisticall Religion ) and had taken to him another in his house . The complaint and slander proposed to the Church , and triall taken , That he was not married with the second woman , neither that he was able to prove that he was divorced by any order of the Law from the first , he was committed to the hands of the Magistrates , who according to the Laws commanded him to be Carted . But the rascall multitude enflamed by some ungodly Crafts-men , made insurrection , brake the Cart , boasted and threatned the Officers , and took away the malefactor . This was the beginning of farther evils , as we shall after hear . In this mean time , while Lord Iames ( we say ) was in France , there came an Ambassadour from France , suborned , no doubt , with all craft that might , to trouble the state of Religion . His Demands were , first , That the League betwixt us and England should be broken . Secondly , That the ancient League betwixt France and Scotland should be renewed . Thirdly , And that the Bishops and Church-men should be restored in their former places , and be suffered to intermit with their Livings . The Councell delayed answer , untill the Parliament appointed in May. In the mean time the Papists of Scotland practised with him . The Earls of Huntlie , Atholl , Bothwell , and others , intended to have taken Edinburgh before the said Parliament . The whole Bishops assembled , and held Councell in Sterlin . Some whispering there was , that the Duke , and the Bishop of Saint Andrews were too familiar ; and some feared that the Authority of the Queen should have been usurped , by reason of her absence , and that the Duke was the second Person , for thereat had some of his pressed immediately after the death of the King of France . The Protestants thereof advertised , prevented them , and came to Edinburgh . The Earle of Arran stood constant with his brethren ; there were some that carefully and painfully travelled that nothing prejudiciall to the Queens Authority should be done in the absence of the Lord Iames , to whom the Queen hath recompenced evil for good service . Master Iames Magill in that point did both stoutly and truely ; for Iohn Knox and he were then fallen in familiarity , in which they yet continue , 20 Octobris 1567. by reason that the said Master Iames had embraced the Religion , and professed it publikely . The Papists and Bishops disappointed of their principall enterprise , did yet make broyle for trouble : For the rascall multitude were stirred up to make a Robin-Hood , which enormity was of many yeers left off , and condemned by Stature and Act of Parliament ; yet would they not be forbidden , but would disobey and trouble the Town , especially upon the night : Whereat the Bayliffs offended , took from them some Swords and Ensigne , which was occasion that they that same night made a mutiny ; kept the Gates of the Towne , and intended to have pursued some men within their owne houses ; But that upon the restitution of their Swords and Ensigne , was stayed . And yet they ceased not to molest , as well the Inhabitants of Edinburgh , as divers Countrey-men , taking from them money , and threatning some with farther injuries : Wherewith the Magistrates of the Town highly offended , took more diligent heed to such as resorted to the Town , and so apprehended one of the principall of that disorder , named Balon , a Shoo-maker , whom they put to an Assizes ; and being convinced ( he could not be absolved , for he was the chief man that spoyled Iohn Mubray of ten Crowns of the Sun ) they thought to have executed Judgement upon him , and so erected a Gibbet beneath the Crosse. ( Whether it came by Paction with the Provest and some other , or by instigation of the Crafts-men , who ever have been bent too much to maintain such vanity and riotousnesse , we fully know not ) but suddenly there did arise a tumult , the Tolbuith was broken up , and not onely the said Balon , who before was condemned , was violently taken forth , but also all other malefactors were set at freedome , the Gibbet was pulled downe , and despightfully broken . And thereafter , as the Provest , and some of the Councell , assembled to the Clerks Chamber for consultation . The whole rascall banded together , with some knowne and honest Crafts-men , and intended invasion on the said Chamber ; which perceived , the Provest , and such as were in his company , past to the Tolbuith , suspecting nothing that they would have been so enraged , to make new pursuit , after that they had obtained their intent : But they were suddenly deceived ; for from the Castle hill they came with violence , and with stones , Guns , and such other Weapons as they had , and began to assault the said Tolbuith , ran at the door of it , till that partly by stones cast from above , and partly by a Pistoll shot by Robert Norwell , ( which hurt one Tuedy ) they were repulsed from the door . But yet ceased they not to cast and shoot in at the windows , threatning death to all that were within . And in very deed the malice of the Crafts-men , who were suspected to be the occasion of that tumult , bare no good will to divers of those that were with the Provest . The Arguments that the Crafts-men were the causes of that uprore , besides their first disorder that they had used before , in taking Sandersone from the execution of punishment , are two . The former , Archibald Deware , Patricke Shaugzie , with other six Deacons , came to Iohn Knox , and willed him to solicite the Provest and the Towne to delay the execution . Who did answer , That he had so oft solicited in their favours , that his own conscience accused him , That they used his labours for no other end , but to be a Patron to their impiety ; for he had before made intercession for William Harlaw , Iohn Frissell , and others that were convinced of the former tumult : They proudly said , That if it was not stayed , both he and the Bayliffs should repent it . Who answered , He would not hurt his conscience for the fear of any man : And so they departed ; and the tumult , as said is , immediately thereafter did arise . The second Argument is ; The tumult continued from two at afternoon , till after eight at night . The Crafts-men were required to assemble themselves together for deliverance of the Provest ; but they past to their four hours penie , or afternoons Pinte , and in their jesting , said , They will be Magistrates alone , let them rule the multitude alone . And so , contrary to the Oath which they had made , they denied their assistance , counsell , & comfort to the Provest and Bayliffs , which are arguments very probable that the said tumult rose by their procurement . The end thereof was , That the Provest and Bayliffs were compelled to give their hands writs , that they should never pursue any of those that were of that tumult , for any crime that was done in that behalf . And this was proclaimed at the Crosse , after nine of the clock at night ; and so was that trouble quieted : But the Nobility vowed , That they would not spare it , nor forget it ; and so a great number of that faction were absent from the Towne , till the arrivall of the Queen . The whole multitude were holden excommunicate , and were admitted to no participation of the Sacraments , untill such time as they satisfied the Magistrates , and made humble suit unto the Church . Of the death of the Queen Regent , we have heard before spoken ; but of her Buriall was nothing heard . And it may appear , That such matters are unworthy of remembrance : And if all things should be rightly weighed , we shall perceive Gods just Judgements , how secret soever that they be . Before we heard the barbarous inhumanity that was used at Leith by the French , who exposed the naked carkasses of the slain , as it were in a spectacle despighting God. We have heard that the Queen Regent rejoyced at the sight , but her joy was suddenly turned into sorrow , as we have heard . The question was moved of her Buriall : The Preachers boldly gainstood , That any Superstitious Rites should be used within that Realm , which God of his mercy began to repugne . And so conclusion was taken , That her Buriall should be deferred till farther advertisement ; and so was she wrapped in a Coffin of Lead , and kept in the Castle , from the ninth of Iune , untill the 19 of October , when she by Pynours was carried to a Ship , and so carried to France : what pomp was used there , we neither heard , nor yet regard : But in it we see , That she that delighted that others lay without Buriall , gat it neither so soon as she her selfe ( if she had been of the counsell in her life ) would have required it ; neither yet so honourable in this Realm , as sometimes she looked for . As men do , so they receive . The Papists , a little before the Parliament , resorted in divers Bands to the Town , and began to brag , as that they would have defaced the Protestants : Which thing perceived , the brethren assembled , and went in such Companies , and yet in peaceable manner , that the Bishops and their Bands forsook the calsay or street . The Brethren understanding what the Papists meant , convened in Councell in the Tolbuith of Edinburgh the seven and twentieth of May , the yeer of God 1561. and after consultation , concluded , That an humble Supplication should be presented unto the Lords of the Secret Counsell , and unto the whole Assembly that then was convened , in the which should these subsequent Heads be required , and a Law to passe thereupon . 1. First , That Idolatry , and all Monuments thereof should be suppressed thorowout the whole Realme : That the sayers , hearers , maintainers , and hanters of the Masse , should be punished according to the Act of Parliament , as said is . 2. That speciall and certain provision be made for the maintenance of the Superintendents , Ministers , Exhorters and Readers : That Superintendents and Ministers should be planted where none were : That punishment should be appointed for such as disobeyed or contemned the Superintendents in their Function . 3. That punishment may be appointed for the abusers of the Sacraments , and for the contemners of the same . 4. That no Letters of the Session , or Warrant from the Iudge , be given to answer or pay to any person of their Tenths , without especiall provision that the Parishioners retain so much in their owne hands , as is appointed for the maintenance of the Ministry : And that all such as are else given be called in and discharged ; And likewise that no Sheriffs give Precepts to that effect . 5. That neither the Lords of Session , nor any other Iudges , proceed upon such Precepts or Warnings past at the instance of them that of late have obtained fewis of Vicarages and Parsons Manses , and Church-yards : And that six akers ( if so much there be of the Gleebe ) be alwayes reserved to the Minister , according to the appointment of the Book of Discipline . 6. That no Letters of Session , nor other Warrants , take place while the stipends contained in the Book of Discipline for maintenance of the Ministers , be first consigned in the hands at the least of the Principals of the Parishioners . 7. That punishment be appointed against all such as purchase , bring home , or execute within this Realme the Popes Bulls . The Tenour of the Supplication was this : PLease your Honours , and the wisedoms of such as are presently convened with you in Councell , to understand , That by many arguments we perceive what the pestilent generation of that Romane Antichrist within this Realme pretendeth , to wit , That they would of new erect their Idolatry , take upon them Empire above our conscience , and so to command us , the true subjects of this Realme , and such as God of his mercy hath ( under our Soveraigne ) subject unto us , in all things to obey their appetites . Honesty craveth , and conscience moveth us , to make the very secrets of our hearts patent to your Honours in that behalfe , which is this ; That before ever those Tyrants and dumb dogges Empire above us , and above such as God hath subjected unto us , that we the Barons and Gentlemen professing Christ Iesus within this Realme , are fully determined to hazard life , and whatsoever we have received of God in Temporall things . Most humbly therefore beseeching your Honours , That such order may be taken , that we have not occasion to take againe the Sword of just Defence into our hands , which we have willingly ( after God had given Victory both to your Honours and us ) resigned over into your hands ; To the end that Gods Gospel may be publikely Preached within this Realme , The true Ministers thereof reasonably maintained , Idolatry suppressed , and the committers thereof punished , according to the Lawes of God and man. In doing whereof your Honours shall finde us not onely obedient unto you in all things lawfull , but also ready at all times to bring under order and obedience such as would rebell against your just authority , which in absence of our Soveraigne we acknowledge to be in your hands , beseeching your Honours with upright judgement and indifferencie , to look upon these our few Articles , and by these our brethren to signifie unto us such answer againe , as may declare your Honours worthy of that place , whereunto God ( after some danger sustained ) in his mercy hath called you . And let these enemies of God assure themselves , That if your Honours put not order unto them , that we shall shortly take such order , That they shall neither be able to do what they list , neither yet to live upon the sweat of the brows of such as are no debters unto them . Let your honours conceive nothing of us , but all humble obedience in God. But let the Papists be yet once againe assured , That their Pride and Idolatry we will not suffer . Directed from the assembly of the Church the 28 of May 1561. And sent by these brethren ; The Master of Lindsay , The Laird of Lochinvar , The Laird of Pharmherst , The Laird of Whittingham , Thomas Menzeis Provest of Aberdeene , and George Lowell Burgesse of Dundie . Upon the which Request and Articles , the Lords and Counsell aforesaid , made an Act and Ordinance , answering to every head of the foresaid Articles , and commanded Letters to be answered thereupon , which divers Ministers raised and copied , as in the Books of secret Councell is yet to be found . And thus gat Satan the second fall , after that he had begun to trouble the state of Religion , once established by Law. His first assault was by the rascall multitude , opposing themselves to the punishment of vice . The second was by the Bishops and their bands , in which he thought utterly to have triumphed : And yet he in the end prospered worse then ye have heard . In this meane time returned from France the Lord Iames , who beside his great expences , and the losse of a box wherein was his secret purse , escaped a desperate danger in Paris : for his returning from our Soveraigne ( who then was with the Cardinall of Loraine her Uncle in Rhemes ) understood of the Papists in Paris , they had conspired some treasonable act against him ; for they intended either to have beset his house by night , or else to have assaulted him and his company as they walked in the streets : Whereof the said Lord Iames advertised by the Rinegrave , by reason of old familiaritie which was betwixt them in Scotland ; he took purpose suddenly and in good order , to depart from Paris , as he did the second day after that he arrived there : And yet could not he depart so secretly , but that the Papists had their privie ambushes : For upon the new decayed pont of change , they had prepared a Procession , which met the said Lord and his Company even in the teeth ; and knowing that they would not do the accustomed reverence to them and their Idols , they thought thereupon to have picked a Quarrell : And so as one part passed by , without moving of hat to any thing that was there , they had suborned some to cry , Hugonots , and so cast stones . But God disappointed their enterprise ; for the said Rinegrave , with other Gentlemen , being with the Lord Iames , rebuked the foolish multitude , and over-rode some of the formost , and so the rest were dispersed , and he and his companie safely escaped , and came with expedition to Edinburgh , while that yet the Lords and assembly were together , to the great comfort of many godly hearts , and to no little astonishment of the wicked : for from the Queen our Soveraigne he brought Letters to the Lords , praying them to entertain quietnesse , and to suffer nothing to be attempted against the contract of Peace which was made at Leith , till her own home coming , and to suffer the Religion publikely established , to go forward , &c. Whereupon the said Lords gave answer to the French Ambassadour , a Nega●ive to every one of his Petitions . The Lords Answer to the French Ambassadour . 1. And first , That France had not deserved at their hands , that either they or their posteritie should enter with them againe in any League or Confederacie , offensive or defensive , seeing that so traiterously and cruelly they had persecuted them , their Realme and Liberties , under pretence of amitie and Marriage . 2. Secondly , That besides their conscience , they could not take such a worldly shame , as without offence committed to break the League , which in Gods Name they had made with them , whom he hath made instruments to set Scotland at freedome from the tyrannie of the French , at least of the Guisians and of their faction . 3. And last , That such as they called Bishops and Church-men , they knew neither for Pastours of the Church , neither yet for any just possessours of the patrimony thereof . But understand them perfectly to be Wolves , Theeves , Murtherers , and idle Bellies ; and therefore as Scotland hath forsaken the Pope and Papistry , so could not they be debters to his forsworn Vassals . With these answers departed the said Ambassador , and the Lords of secret Counsell made an Act , that all places and Monuments of Idolatry should be destroyed . And for that purpose was directed to the West , the Earl of Arrane , having joyned with him the Earls of Argile and Glencarne , together with the Protestants of the West , who burnt Paslay ( the Bishop of Saint Andrews , who was Abbey thereof , narrowly escaped ) cast down Failfurd , Kylwinning , and a part of Cosraguell : The Lord Iames was appointed to the North , where he made such Reformation , as nothing contented the Earle of Huntly , and yet seemed he to approve all things . And thus God so potently wrought with us , so long as we depended upon him , that all the World might see his potent hand to maintain us , and to fight against our enemies : yea , most to confound them , when that they promised to themselves victory without resistance . Oh that we would rightly consider the wondrous works of the Lord our God. In the Treatie of Peace contracted at Leith , there were contained certain Heads that required the Ratification of both Queens . The Queen of England , according to her Promise , Subscription , and Seale , without any delay performed the same , and sent it to our Soveraigne , by her appointed Officers . But our Soveraigne ( whether because her own craftie nature thereto moved her , or that her Uncles chiefe Counsellers so would , we know not ) with many delayes frustrated the expectation of the Queen of England , as by the Copie of a Letter sent from the Ambassadour of England to his Soveraigne we may understand . The Ambassadours Letter . MADAME , I Sent Sommer to the Queen of Scots for audience , who appointed me to come to her the same day after dinner , which I did . To her I did remember your Majesties hearty commendations , and declared unto her your Majesties like gladsomnesse of her recoverie from her late sicknesse , whose want of health , as it was grievous unto your Majestie , so , I told her , did you congratulate , and greatly rejoyce of the good termes of health she was in for the present . After these offices of civilitie , I put her in remembrance againe what had passed from the beginning , in the matter of your Majesties demand of Ratification , according to the Tenour of the said Treatie , as well by me at the first , as afterward by my Lord of Bedford , at his being here , and also followed sithence again by me in open audience , and by my Letter to her being in Loraine , adding hereto your Majesties further commandment , and re-charge to me again presently to renue the same demand , as before had been done . At Paris the 23 of June 1561. The said Queen made answer as followeth . Monsieur L'Ambassadour , I Thank the Queen , my good sister , for this gentle visitation and congratulation of this my recoverie , and though I be not yet in perfect health , yet , I thank God , I feele my selfe in a very good case , and in way of a full recoverie . And for answer to your demand ( quoth she ) of my Ratification , I do remember all these things that you have recited unto me : And I would the Queen my good sister should think that I do deferre the resolute answer in this matter , and performing thereof , untill such time as I might have the advises of the Nobles and States of mine own Realme , which I trust shall not be long a doing , for I intend to make my voyage thither shortly . And though this matter ( quoth she ) doth touch me principally , yet doeth it also touch the Nobles and States of my Realm too : and therefore it shall be meet that I use their advises therein . Heretofore they have seemed to be grieved , that I should do any thing without them . And now they would be more offended , if I should proceed in this matter of my selfe without their advises . I do intend ( quoth she ) to send Monsieur Dosell to the Queen your Mistresse my good sister , who shall declare that unto her from me , that I trust shall suffice her . By whom I will give her to understand of my journey into Scotland , I mean to embarke at Calice . The King of France hath lent me certain Galleyes and Ships to convey me home , and I intend to require of my good Sister those favours that Princes use to do in those cases . And though the termes wherein we have stood heretofore , have been somewhat hard , * yet I trust that from henceforth we shall accord together as Cosins and good Neighbours . I mean ( quoth she ) to retire all the French men forth of Scotland , who had given jealousie to the Queen my Sister , and discontent to my Subjects ; so as I will leave nothing undone to satisfie all parties , trusting the Queen my good Sister will do the like ; and that from henceforth none of my disobedient Subjects ( if there be any such ) shall finde ayd or support at her hands . I answered , That I was not desirous to fall into the discourse how those hard termes first began , nor by what means they were nourished , because therein I must charge some party with injury , and perill offered to the Queen my Mistresse , which was the very ground of those matters . But I was well assured there could be no better occasion offered to put the former unkindnesse in forgetfulnesse , then by ratifying the Treatie of Peace , for that should repay all injuries past . And Madame , quoth I , where it pleased you to suspend and delay the ratification , untill you have the advices of the Nobles and States of your Realm , the Queen my Mistresse doth nothing doubt of their conformitie in this matter , because the Treatie was made by their consents . The Queen answered , yea , by some of them , but not by all ; it will appeare , when I come amongst them , whether they be of the same minde that you say they were then of : But of this I assure you , Monsieur Lambassadour ( quoth she ) I for my part am very desirous to have the perfect and the assured amity of the Queen my good sister , and will use all the means I can , to give her occasion to think that I mean it indeed . I answered , Madame , the Queen my Mistresse you may be assured will use the like towards you , to move you to be of the same opinion towards her . Then ( said she ) I trust the Queen your Mistresse will not support nor encourage none of my Subjects to continue in their disobedience , nor to take upon them things that appertain not to Subjects ( this we may answer here , It appertaineth to Subjects to worship God as he hath commanded , and to suppresse Idolatry , by whom so ever it be erected or maintained . ) You know ( quoth she ) there is much adoe in my Realme about matters of Religion . And though there be a greater number of a contrary Religion unto me then I would there were , yet there is no reason that Subjects should give a Law to their Soveraigne , and specially in matters of Religion , which I feare ( quoth she ) my Subjects shall take in hand ( answer for the part of Scotland , and if so they had done , they had escaped Gods heavie indignation which hath been felt , and still hangeth over this Realm , for the Idolatry , and other abominations committed in the same , which shall not cease till that it be suppressed ) I answered , Madame , your Realme is in none other case at this day , then all other Realms through Christendome are . The proofe whereof you see verified in this Realm . And you see what great difficultie it is to give order in this matter , though the King of France and all his Councell be very desirous thereunto . Religion is of the greatest force that may be ; you have been long out of your own Realm , so as the contrary Religion to yours had won tbe upper hand , and the greatest part of your Realme : Your mother was a woman of great experience of deep dissimulation and policy , as they terme it now adayes , and kept that Realme in quietnesse , till she began to constrain mens consciences ; and as you think it unmeet to be constrained by your subjects , so it may please you to consider , The matter is as intolerable to them to be constrained by you , in matters of conscience ; for the duty due to God cannot be given to any other , without offence of his Majesty . Why ( said she ) God doth command subjects to be obedient to their Princes , and commandeth Princes to read his Law , and governe thereby themselves , and the people committed to their charges . Answer . Yea , Madame ( quoth I ) in those things that be not against his Commandments . Well ( quoth she ) I will be plain with you : The Religion that I professe , I take to be most acceptable to God ; and indeed , neither do I know , nor desire to know any other . Constancy doth become all folks well , but none better then Princes , and such as have rule over Realmes , and specially in matters of Religion ( the Turke is as constant in his Alcoran , as the Pope and his Sect are in his Constitutions ) I have been brought up ( quoth she ) in this Religion , and who might credit me in any thing , if I should shew my selfe light in this case . And though I be young , and not well learned , yet I have heard this matter oft disputed by my Uncle the Cardinall , with some that thought they could say somewhat in the matter ; and I found therein no great reason to change my opinion ( neither yet did the high Priest , when Christ Jesus did reason in his presence . But what was the Cardinall compelled to confesse at Poysie ? ) Madame ( quoth I ) if you will judge well in that matter , you must be conversant in the Scriptures , which are the Touch-stone to try the right from the wrong . Peradventure you are so partially affected to your Uncles arguments , that you could not indifferently consider the other party : Yet this I assure you , Madam ( quoth I ) your Uncle the Cardinall , in conference with me about these matters , hath confessed , That there be great errours and abuses come into the Church , and great disorder in the Priests and Clergie , in so much that he desired and wished that there might be a Reformation of the one , and of the other . I have oftentimes heard him say the like ( quoth she . ) Then I said , Well , I trust God will inspire all you that be Princes , that there may be some good order taken in this matter , so as there may be one Unity in Religion thorow all Christendom . God grant ( quoth she ) but for my part you may perceive I am none of those that will change my Religion every yeer . And , as I told you in the beginning , I mean to constrain none of my subjects , but would wish that they were all as I am ; and I trust they shall have no support to constrain me . I will send Monsieur Dosell ( quoth she ) to you before he go , to know whether ye will any thing in England . I pray you so order your self in this matter betwixt the Queen my good sister and me , that there may be perfect and assured Amity betwixt us ; for I know ( quoth she ) Ministers may do much good and harm . I told her I would faithfully and truely make declaration of all that she said unto me , unto your Majestie ; and trusted that she would so satisfie your Majesty by Monsieur Dosell in all things , as I should hereafter have no more occasion to treat with her of any thing , but of the encrease of Amity , of which there should be no want on her behalf . This is the effect of the Queen of Scotlands answer to your Majesties demand of her said Ratification , and of my Negotiation with her at this time . These advertisements somewhat exasperated the Queen of England , and not altogether without cause ; for the Armes of England were before usurped by our Soveraigne , and by her husband Francis ; and Elizabeth Queen of England was of the Guysians reputed little better then a Bastard . It was appointed that this title should be renewed . But hereof had our ill counselled and misled Queen no pleasure , and especially after that her husband was dead ; for , thought she , the shew of England shall allure many suiters to me . The Guisians , and the Papists of both Realms , did not a little animate her in that pursuit : The effect whereof will sooner appear then the godly of England would desire . Queen Elizabeth , we say , offended with the former answer , wrote unto the Nobility and States of Scotland in form as followeth . The Queen of Englands Letter to the States of Scotland . RIght Trusty , and Right entirely Beloved Cousins , We greet you . We doubt not , but as our meaning is , and hath alwayes been , since our Raigne , in the sight of Almighty God straight and direct towards the advancement of his Honour , and Truth in Religion ; and consequently , to procure Peace , and maintain Concord betwixt both these Realms of England and Scotland ; So also our outward acts have well declared the same to the world , and especially to you , being our neighbours , who have tasted and proved in these , our friendship and earnest good will , more then we think any of your antecessors have ever received from hence ; yea , more then a great number of your selves could well have hoped for of us , all former examples being well weighed and considered . And this we have to rejoyce of , and so may ye be glad , That where in the beginning of the troubles in that Countrey , and of our succours meant for you , the jealousie , or rather the malice of divers , both in that Realme and in other Countreys was such , both to deprive both us in the yeelding , and you in requiring our ayd , that we were noted to have meant the surprise of that Realm , by depriving of your Soveraigne the Queen of her Crown ; and you , or the greatest part of you , to have intended by our succour the like ; and either to prefer some other to the Crown , or else to make of that Monarchie a Common-weale ; matters very slanderous and false . But the end and determination , yea , the whole course and processe of the action on both our parts have manifested , both to the slanderers , and to all others , That nothing was more meant and prosecuted , then to establish your Soveraigne the Queen , our Cousin and Sister in her State and Crowne , the possession whereof was in the hands of strangers . And although no words could then well satisfie the malicious , yet our deeds do declare , That no other thing was sought , but the restitution of that Realme to the ancient Liberty , and as it were to redeem it from Captivity . Of these our purposes and deeds , there remaineth among other arguments good testimony , by a solemne Treaty and Accord made the last yeer at Edinburgh , by Commissioners sent from us , and from your Queen , with full Authority in writing under both our Hands , and the great Seals of both our Realms , in such manner as other Princes our Progenitors have always used . By which Treaty and Accord , either of us have faithfully accorded with other , to keep Peace and Amity betwixt our selves , our Countreys and subjects . And in the same also a good Accord is made , not onely of certain things happened betwixt us , but also of some differences betwixt the Ministers of the late French King your Soveraigns husband and you the States of that Realm , for the alteration of Laws and Customs of that Countrey attempted by them . Upon which Accord there made and concluded , hath hitherto followed , as you know , surety to your Soveraignes State , quietnesse to your selves , and a better Peace betwixt both Realms , then ever was heard of in any time past . Neverthelesse how it happeneth we know not ( we can , for she in her conceit thinketh her selfe Queen of both ) That your Soveraigne either not knowing in this part her owne felicity , or else dangerously seduced by perverse Counsell , whereof we are most sorry ; being of late at sundry times required by us , according to her Bond with us , signed with her own Hand , and sealed with the great Seal of that Realme , and allowed by you , being the States of the same , to ratifie the said Treaty , in like manner as we by writing have done , and are ready to deliver it to her , who maketh such delatory answers thereunto , as what we shall judge thereof , we perceive by her answer , That it is fit for us to require of you : For although she hath alwayes answered since the death of her husband , That in this matter she would first understand the mindes of certain of you , before that she would make answer . And so having now of long time suspended our expectation , in the end , notwithstanding that she hath had conference both by Messengers , and by some of your selves , being with her , yet she still delayed it , alleadging to our Ambassadour in France ( who said that this Treaty was made by your consents ) it was not by consent of you all ; and so would have us to forbear , untill she shall returne into that her Countrey . And now seeing this her answer depended , as it should seem by her words , upon your opinions , we cannot but plainly let you all understand , That this manner of answer , without some more fruit , cannot long content us : We have meant well to our sister your Queen in time of offence given to us by her We did plainly , without dissimulation , charge her in her own doubtfull state : while strangers possessed her Realme , we stayed it from danger . And now , having promised to keep good Peace with her , and with you her subjects , we have observed it ; and shall be sorry if either she or you shall give us contrary cause . In a matter so profitable to both the Realmes , we think it strange that your Queene hath no better advice : And therefore we do require you all , being the States of that Realme , upon whom the burden resteth , to consider this matter deeply , and to make us answer , whereunto we may trust . And if you shall think meet she shall thus leave the Peace imperfect , by breaking of her solemne promise , contrary to the order of all Princes , we shall be well content to accept your answer , and shall be as carelesse to see the Peace , as ye shall give us cause ; And doubt not , by the grace of God , but whosoever of you shall incline thereto , shall soonest repent . You must be content with our plain writing . And on the other side , if you continue all in one minde , to have the Peace inviolably kept , and shall so by your advice procure the Queen to ratifie it , we also plainly promise you , That we will also continue our good disposition to keep the same in such good termes as now it is : And in so doing , the honour of Almighty God shall be duely sought and promoted in both Realms , The Queen your Soveraigne shall enjoy her State with your surety , and your selves possesse that which ye have with tranquility ; to the encrease of your Families and Posterities , which by the frequent Wars heretofore your antecessors never had long in one state . To conclude , we require you to advertise us of what minde you be , specially if you all continue in that minde , that you mean to have the Peace betwixt both the Realmes perpetually kept : And if you shall forbear any longer to advertise us , ye shall give us some occasion of doubt , whereof more hurt may grow then good . From , &c. These Letters received and perused , albeit the States could not be convened , yet did the Councell , and some others also in particular , return answers with reasonable diligence . The Tenour of our Letters was this : MADAME , PLease your Majestie , that with judgement we have considered your Majesties Letters : And albeit the whole States could not suddenly be assembled , yet we thought expedient to signifie somewhat of our mindes unto your Majestie . Far be it from us , that either we take upon us , That infamy before the world , or grudge of conscience before our God , that we should lightly esteem the observation of that Peace lately contracted betwixt these two Realmes . By what motives our Soveraigne delayed the ratification thereof , we cannot tell : But of us ( of us , we say , Madame , that have protested fidelity in our promise ) her Majesty had none . Your Majestie cannot be ignorant , That in this Realme there are many enemies ; and farther , That our Soveraigne hath Councellors , whose judgements she in all such causes preferred to ours . Our obedience bindeth us , not onely reverently to speak and write of our Soveraigne , but also to judge and thinke : And yet your Majestie may be well assured , That in us shall be noted no blame , if that Peace be not ratified to your Majesties contentment : For God is witnesse , That our chief care in this earth , next the glory of God , is , That constant Peace may remain betwixt these two Realmes , whereof your Majestie and Realme shall have sure experience , so long as our counsell or votes may stop the contrary . The benefit that we have received is so recent , that we cannot suddenly bury it in forgetfulnesse . We would desire your Majesty rather to be perswaded of us , That we to our powers will studie to leave it in remembrance to our posterity . And thus with lawfull and humble commendation of our service , we commit your Majesty to the Protection of the Omnipotent . Of Edinburgh the sixteenth day of Iuly , 1561. There were some others that answered some of the Ministers of England somewhat more sharply , and willed them not to accuse nor threaten so sharply , till that they were able to convince such as had promised fidelitie , of some evident crime , which although they were able to lay to the charge of some , yet respect would be had to such as long had declared themselves constant procurers of quietnesse and peace . The sudden arrivall of the Queen made great alteration even in the Councell , as after we will hear . In this mean time , the Papists by surmising troubled what they might , their Posts , Letters , and Complaints were from day to day directed , some to the Pope , some to the Cardinall of Loraine , and some to our Queen . The principall of those Curriers were Master Steven Wilson , Master Iohn Leslie , called Nolumus and Volumus , Master Iames Throgmorton , and others , such as lived , and still live by the traffique of that Romane Antichrist . The Preachers vehemently exhorted us to establish the Book of Discipline , by an Act and publike Law ; affirming , That if they suffered things to hang in suspence , when God had given unto them sufficient power in their hand , they should after sob for it , but should not get it . The Books of Discipline have been of late so often published , that we shall forbear● to Print them at this time , hoping that no good men will refuse to follow the same , till God in a greater light establish a more perfect . The end of the third Booke . THE FOVRTH BOOK OF The Progresse and Continuance of true Religion within SCOTLAND . IN the former Bookes ( Gentle Reader ) thou mayest clearly see how potently God hath performed in these our last and wicked dayes , as well as in the ages that have passed before us , the promises that are made to the servants of God , by the Prophet Isaiah , in these words , They that wait upon the Lord shall renew their strength , they shall mount up with wings as Eagles , they shall run , and not be weary , they shall walk and not faint . This promise , we say , such as Satan hath not utterly blinded , may see performed in us , the Professours of Christ Jesus , within this Realme of Scotland , with no lesse evidence , then it was in any age , that ever passed before us . For what was our force ? What was our number ? Yea , what wisdome or worldly policie was in us , to have brought to any good end so great an enterprise ? our very enemies can bear witnesse . And yet in how great purity God did establish amongst us his true Religion , as well in Doctrine as in Ceremonies ? To what confusion and fear were Idolaters , adulterers , and all publike transgressours of Gods Commandments within short time brought , the publike Orders of the Church , yet , by the mercie of God preserved , and the punishment executed against malefactours , can testifie unto the world . For as touching the administration of the Sacraments used in our Churches , we are bold to affirme , That there is no Realme this day upon the face of the earth , that hath them in greater puritie ; yea , we can speak the Trueth , whomsoever we offend , there is none ( no Realme I meane ) that hath them in the like purity , for all others , how sincere that ever the Doctrine be that by some is taught , retain in their Churches , and in the Ministers thereof , some footsteps of Antichrist , and dregs of Papistry : But we ( all praise to God alone ) have nothing within our Churches that ever flowed from that man of Sin. And this we acknowledge to be the strength given to us of God , because we esteemed not our selves wise in our owne eyes ; but understanding our own wisedome to be but meer foolishnesse before our God , laid it aside , and followed onely that which we found approved by himselfe . In this point could never our enemies cause us to faint ; for our first Petition was , That the Reverend face of the first , Primitive and Apostolike Church should be reduced again to the eyes and knowledge of men . And in that point ( we say ) our God hath strengthned us , till that the Work was finished , as the world may see . And as concerning the suppressing of vice , yea , and of the abolishing of all such things as might nourish Impiety within the Realm , the Acts and Statutes of the principall Towns reformed , will yet testifie : For what Adulterer , what Fornicator , what known Masse-monger or pestilent Papist durst have been seen in publike , within any Reformed Town within this Realme , before that the Queen arrived ? And this Victory to his Word , and terrour to all filthy livers , did God work by such as yet live , and remaine witnesses ( whether they will or not ) of the aforesaid works of God. We say our God suffered none of these , whom he first called to the Battell to perish or to fall , the while that he made them Victors of their enemies : For even as God suffered none of those whom he called from Egypt , to perish in the Red Sea , how fearfull that ever the danger appeared ; so suffered he none of us to be approved , nor yet to be taken from this life , till that now the Pharaohs , then one , was drowned , and we set at freedom , without all danger of our enemies ; to let both us and our Posterity understand , That such as follow the conducting of God , cannot perish , albeit they walked in the very shadow of death . But from whence ( alas ) cometh this miserable dispersion of Gods people within this Realme this day , in May 1561 ? And what is the cause that now the just is compelled to keep silence , good men are banished , Murtherers , and such as are knowne unworthy of common Society ) if Justice were put in execution ) bear the whole Regiment and sway within this Realme ? We answer , Because that suddenly the most part of us declined from the purity of Gods Word , and began to follow the world , and so againe shake hands with the devill , and with Idolatry , as in the fourth Book we will heare . For while that Papists were so confounded , that none within the Realme durst more avow the hearing or saying of Masse , then the theeves of Tiddisdale durst avow their stouth or stealing , in the presence of any upright Judge : No ware Protestants found who are not ashamed at Tables , and other open places , to aske , Why may not these men have their Masse , and the forme of their Religion ? What can that hurt us , or our Religion ? And from these two , Why and What , at last sprang out this Affirmative , The Queens Masse and her Priests will we maintain ; This hand and this Rapier shall fight in their defence , &c. The Inconveniences were shown both by Tongue and Pen ; but the advertisers were judged to be men of unequall Spirits ; Their Credit was defaced at the hands of such , as before were not ashamed to have used their Counsell in matters of greater importance , to have refused the Masse . But then my Lord , my Master may not be thus used ; he hath that Honour to be the Queens Brother ; And therefore we will that all men shall understand , That he must tender her as his Sister : And whosoever will counsell him to displease her , or the least that pertains unto her , shall not finde him their friend ; yea , they are worthy to be hanged , that would so counsell him , &c. These and the like reasons took such deep root in flesh and blood , and was ( as yet alas they are ) preferred to God , and to his Messengers , rebuking vice and vanity , that from thence hath all our misery proceeded . For as before , so even yet , although the Ministers be set to beg , the Guard and the men of Warre must be served ; Though the blood of the Ministers must be spilt , yet it is the Queens Servants that did it . Although Masse be multiplied in all Quarters of the Realme , Who can stop the Queens Subjects to live of the Queens Religion ? Although Innocent men be Imprisoned , it is the Queens pleasure . So she is offended at such men , although under pretence of Justice , Innocents be murthered : The Lords shall weep , but the Queenes minde must be satisfied . Nobles of the Realme , Barons and Councellors are banished , their Escheats disposed of , and their lives most unjustly pursued . The Queen hath lost her trusty Servant David , he was deare unto her ; and therefore for her Honour sake , she must show rigour to revenge his death . And yet farther , albeit that some knew that she hath plainly purposed to wrack and undo the Religion within this Realme ; That to that Romane Antichrist she hath made her promise ; And that from him she hath taken money to uphold his pomp within this Realme , yet will they let the people understand , That the Queen will establish Religion , and provide all things orderly , if she were once delivered . If such dealing , which is too common amongst Protestants , be not to prefer flesh and blood , to God , to his Truth , to Religion , and to the oppressed Liberty of the Realme , let the world judge . The plagues have been , and in some places are present , that were before threatned ; the rest approaches : And yet who from the heart cryeth , I haue offended , Now thou Lord knowes , in thee onely is the trust of the oppr●ssed ▪ for vain is the help of man. But now to returne we to our History . The 19 day of August , 1561. betwixt seven and eight hours before noon , arrived Mary Queen of Scotland , then widow , with two Gallies out of France : In her company ( besides her Gentlewomen called the Maries ) were her Uncles , the Duke Aumale the grand Prior ; the Marquesse d'Albuff . There accompanied her also , d'Anville son to the Constable of France , with other Gentlemen of inferiour Condition , besides servants and Officers . The very face of the Heaven , at the time of her Arrivall , did manifestly speak what comfort was brought into this Countrey with her ( to wit ) Sorrow , Dolour , Darknesse , and all Impiety ; For in the memory of man , that day of the yeer was never seen a more dolorous face of the Heaven , then was at her Arrivall , which two dayes after did so continue : For besides the Surface Wet and Corruption of the Ayre , the Mist was so thick and dark , that scarce might any man espie another the length of two payre of Butts : the Sun was not seen to shine two dayes before , nor two dayes after . That forewarning gave God unto us ; but alas the most part were blinde . At the sound of the Cannons , which the Galleyes shot , the multitude being advertised , happy was he or she that first must have the presence of the Queen ; the Protestants were not the slowest : And therein they were not to be blamed . Because the Palace of Halyrud-house was not thorowly put in order ( for her coming was more sudden then many looked for ) she remained in Leith , till towards the evening , and then repaired thither . In the way betwixt Leith and the Abbey , met her the Rebells the Crafts-men , of whom we spake before ; to wit , Those that had violated the Acts of the Magistrates , and had besieged the Proveist . But because she was sufficiently instructed that all they did was done in spight of their Religion , they were easily pardoned . Fi●es of joy were set forth at night , and a Company of most honest men with Instruments of Musick , and with Musi●ians , gave their Salutations at her Chamber Window ; The M●lody ( as she alleadged ) liked her well ; and she willed the same to be continued some nights after with great diligence . The Lords repaired to her from all Quarters : and so was nothing understood but mirth and quietnesse , till the next Sunday , which was the 24 of August : When that preparations began to be made for that Idoll of the Masse to be said in the Chappell : Which perceived , the hearts of all the godly began to be emboldened ; and men began openly to speak , Shall that Idoll be suffered again to take place within this Realme ? It shall not . The Lord Lindsay ( then but Master ) with the Gentlemen of Fyfe , and others , plainly cryed in the Close or Yard , The Idolatrous Priests should die the death , according to Gods Law. One that carried in the Candle was evill affrayed ; but then began flesh and blood fully to shew it self . There durst no Papist , neither yet any that came out of France , whisper : But the Lord Iames , the man whom all the godly did most reverence , took upon him to keep the Chappell door : his best excuse was , That he would stop all Scotish-men to enter in to the Masse ; But it was and is sufficiently known , That the doore was kept that none should have entry to trouble the Priest ; who after the M●sse was ended , was committed to the protection of the Lord Iohn of Coldingham , and Lord Robert of Halyrud-house ; who then were both Protestants , and had Communicate at the Table of the Lord : Betwixt them two was the Priest conveyed to his Chamber . And so the godly departed with grief of heart , and after noon repaired to the Abbey in great companies , and gave plain signification , That they could not abide that the Land , which God by his power had purged from Idolatry , should in their eyes be polluted again : Which understood , there began complaint upon complaint . The old Duntebors , and others that had long served in the Court , and hoped to have no remission of sins , but by vertue of the Masse , cryed , They would away to France without delay , They could not live without the Masse : the same affirmed the Queens Uncles . And would to God that they all , together with the Masse , had taken goodnight at the Realme for ever : for so had Scotland been rid of an unprofitable burthen of devouring strangers , and of the malediction of God , that hath stricken , and yet will strike for Idolatry . The Councell assembled , disputation was had of the next remedy : Politicke heads were sent unto the Gentlemen , with these and the like perswasions : Why , alas , Will you chase our Soveraigne from us ? She will incontinently returne to her Galleyes , and what then shall all Realmes say of us ? May we not suffer her a little while ? I doubt not but she will leave it : If we were not assured that she might be won , we should be also as great enemies to her Masse , as ye can be . Her Uncles will depart , and then shall we rule all at our pleasure : Would not we be also sorry to hurt the Religion , as any of you would be ? With these and the like perswasions ( we say ) was the fervency of the Brethren quenched . And an Act was framed , the Tenour whereof followeth . Apud Edinburgh , 25 Aagustii , 1561. FOrasmuch as the Queens Majestie hath understood the great inconveniences through the divisi●n p●esently standing in this Realme , for the difference in matt●rs of Religion , which her Majestie is most desirous to see pacified by any good order , To the Honour of God , and Tranquility of her Realm , and means to take the same , by Advice of her States , so soon as conveniently may be , to their serious Consideration . And lest that her Majesties godly Resolutions therein may be greatly hindered , in case any Tumult and Sedition be raised amongst the Lieges , if any Alteration or Innovation be Pressed or Attempted before that good Order may be Established ; Wherefore , for the eschewing of the said Inconveniences , her Majestie Ordains Letters to be Directed , to Charge all and sundry her Lieges , by open Proclamation at the Market-Crosse of Edinburgh , and other Places needfull , That they , and every one of them , contain themselves in all Quietnesse , keep Peace and Civill Society amongst themselves in the mean time , while the States of the Realm may be Assembled , and then her Majestie have taken a finall Order by their Advice , and publike Consent ; which her Majestie hopes shall be to the Contentment of all , the Law bidding , That none of them should take in hand privately or openly , any Alteration or Innovation of the state of Religion , or attempt any thing against the same , which her Majestie found Publikely and Universally standing at her Majesties Arrivall in this her Realme , under Pain of Death . With Certification , That if any Subject of the Realme shall come in the contrary Thereof , ●e shall be esteemed and holden a Seditious Person , and Raiser of Tumult , and the same Pain shall be executed upon him with all Rigour , To the Example of others . And her Majestie , with the Advice of the Lords of the Secret Councell , Commands and Charges all her Li●ges , That none of them take in hand to Mol●st or Trouble any of her Majesties Domesticke Servants , or Persons whatsoever come forth of France in her Company at this time , in Word , Deed , or Countenance , for any Cause whatsoever , either within her Palace , or without , or make any assault or invasion upon any of them , under whatsoever Colour or Pretence , under the said Pain of Death . Albeit that her Majestie be sufficiently perswaded , That her Good and Loving Subjects would do the same , for the Reverence they bear to her Person and Acts , notwithstanding no such Commandment were published . This Act and Proclamation Penned , and put in Forme by such as before professed Christ Jesus ( for in the Councell then had Papists neither power nor voyce ) It was publikely Proclaimed at the Market-Crosse of Edinburgh upon Munday the day aforesaid . No man reclaimed , nor made repugnance to it , except the Earle of Arrane onely ; who in open audience of the Herald , protested , That he disassented that any Protection or Defence should be made to the Queens Domesticks , or to any that came from France , to offend Gods Majestie , and to violate the Laws of the Realme , more then any other Subjects : For Gods Law had pronounced death to the Idolater ; and the Lawes of the Realme had appointed punishment for sayers and hearers of the Masse ; which , said he , I here protest , be Universally observed ; and that none be exempted , untill such time as a Law also publikely made , and also consonant to the Law of God , have disannulled the former . Hereupon he took Documents and Acts , as the Tenour of this his Protestation witnesseth . IN so far as by this Proclamation it is made understood to the Church of God , and Members thereof , That the Queen is minded that the true Religion and Worship of God already established , proceed forward , that it may daily encrease : Unto the Parliament , that order may be then for extirpation of all Idolatry out of this Realme . We render most hearty thanks to the Lord our God for her Majesties good minde , earnestly praying that it may be encreased in her Majesty , To the Honour and Glory of his Name , and Weal of his Church within this Realme . And as touching the molestation of her Highnesse Servants , we suppose that none dare be so bold as once to move their finger at them , in doing of their lawfull businesse : And as for us , we have learned at our Master Christs Shoole , To keep Peace with all men . And therefore for our part we will promise that obedience unto her Majestie ( as is our dutie ) That none of her servants ▪ shall be troubled , molested , or once touched , by the Church , or any member thereof , in doing their lawfull businesse . But since that God hath said , That the Idolater shall die the death ; We Protest solemnely , in the presence of God , and in the eares of all the people that heares this Proclamation , and especially in the presence of you , Lion Herauld , and the rest of your Colleagues , maker of this Proclamation , That if any of her servants shall commit Idolatry , especially say Masse , participate therewith , or take the defence thereof ( which we are loath should be in her Highnesse company ) in that case , That this Proclamation is not extended to them in that behalf , nor be not a safe-guard nor girth to them in that behalfe , no more then if they commit slaughter or murther , seeing the one is much more abominable and odious in the sight of God , then is the other . But that it may be lawfull to inflict upon them the paines contained in Gods Word against Idolaters , where ever they may be apprehended , without favour . And this our Protestation we desire you to notifie unto her , and give her the Copie hereof , lest her Highnesse should suspect an uproare if we should all come and present the same . At Edinburgh , the day and yeere aforesaid . This boldnesse did somewhat exasperate the Queene , and such as favoured her in that point . As the Lords ( then called of the Congregation ) repaired to the Towne , at the first coming they shew themselves wonderfully offended , That the Masse was permitted : So that every man as he came , accused them that were before him , but after they had remained a certaine space , they were as quiet , as were the former ▪ Which thing perceived , a zealous and godly man , Robert Campbell of Kingzieclench , said unto the Lord Uchiltrie ; ( My Lord ) now you are come , and almost the last of all the rest ; and I perceive by your anger , that the fire edge is not off you yet : but I feare , that after that the Holy-water of the Court be sprinkled upon you , that you shall become as temperate as the rest : For I have been heere now five dayes , and at the first I heard every man say , Let us hang the Priest : But after that they had beene twice or thrice in the Abbey , all that fervencie past . I think there be some inchantment , whereby men are bewitched . And in very deed so it came to passe : For the Queenes faire words upon the one part , ever still crying , Conscience , Conscience , It is a sore thing to constraine the Conscience : And the subtill perswasions of her supposts ( we meane , even of those who were judged most fervent amongst us ) upon the other part ; blinded all men , and put them in opinion , She will be content to heare the Preaching ; and so no doubt but she may be wonne . And this of all , it was concluded , To suffer her for a time . The next Sunday , Iohn Knox inveighing against Idolatry , shewed what terrible plagues God had taken upon Realmes and Nations for the same ; and added , That one Masse ( there were no more suffered at first ) was more fearfull unto him , then if ten thousand armed enemies were landed in any part of the Realme , of purpose to suppresse the whole Religion ; for ( said he ) in our God there is strength to resist and confound multitudes , if we unfainedly depend upon him ; whereof heretofore we have had experience : But when we joyn hands with Idolatry , it is no doubt but both Gods amiable presence , and comfortable defence , will leave us ; and what shall then become of us ? Alas , I fear that experience will teach us , to the grief of many . At these words the guiders of the Court mocked , and plainly spake , That such fear was no point of their faith ; it was besides his Text , and was a very untimely Admonition . But we heard the same Iohn Knox , in the audience of these same men , recite the same words againe in the midst of troubles ; and in the audience of many , asked God mercy that he was not more vehement and upright in the suppressing of that Idoll in the beginning : For ( said he ) albeit I spake that which offended some ( which this day they see and feel to be true ) yet did I not that which I might have done ; for God hath not onely given unto me knowledge and tongue to make the impiety of that Idoll knowne unto the Realme , but he had given me credit with many who would have put in execution Gods Judgements , if I would onely have consented thereto : But so carefull was I ( said he ) of that common Tranquility , and so loth was I to have offended those of whom I had conceived a good opinion , that in secret conference with dearest and zealous men , I travelled rather to mitigate , yea to slacken that fervency that God had kindled in others , then to animate or encourage them to put their hands to the Lords Work ; wherein I unfainedly acknowledged my self to have done most wickedly , and from the bottome of my heart do aske of my God grace and pardone , for that I did not what in me lay , to have suppressed that Idoll in the beginning . These and many other words did many heare him speake in publike in the moneth of December , 1565. when such as at the Queenes Arrivall onely maintained the Masse , were exiled the Realme , summoned upon Treason , and decreit of forfeiture intended against them . But to returne from whence we have digressed . Whether it was by counsell of others , or of the Queens owne desire , we know not , but the Queen spake with Iohn Knox , and had long reasoned with him , none being present , except the Lord Iames , two Gentlemen stood in the one end of the room . The sum of their reasoning was this : The Queen accused him , That he had raised a part of her subjects against her Mother and her self ; That he had written a Book against her just Authority ; ( she meant the Treatise against the Regiment of Women ) which she had and would cause the most learned in Europe to write against it ; That he was the cause of great sedition , and great slaughter in England ; And that it was said to her , That all that he did was by Necromancy . To the which the said Iohn answered ; Madame , it may please your Majestie patiently to hear my simple answers : And first ( said he ) my simple Answers : And first , ( said he ) if to teach the Word of God in sincerity , if to rebuke Idolatry , and to will a people to worship God , according to his Word , be to raise Subjects against their Princes , then cannot I bee excused ; for it hath pleased God of his mercy , to make me one ( amongst many ) to disclose unto this Realme the vanitie of the Papisticall Religion , and the deceit , pride , and tyranny of that Romane Antichrist : But Madame , if the true knowledge of God and his right worshipping be the chief cause which must move men to obey their just Princesse from their heart , ( as it is most certain that they are ) wherein can I be reprehended ? I thinke , and am surely perswaded , that your Majestie has had , and presently hath as unfained obedience of such as professe Christ Jesus within this Realm , as ever your Father or Progenitours had of those that were called Bishops : And touching that Booke that seemeth so highly to offend your Majestie , it is most certaine , that if I wrote it , I am content that all the learned of the world judge of it : I heare that an Englishman hath written against it , but I have not read him ; if hee hath sufficiently confuted my reasons , and established his contrary Propositions , with as evident testimonies , as I have done mine ; I shall not bee obstinate but shall confesse mine errour and ignorance . But to this houre I have thought , and yet thinkes my selfe alone more able to sustaine the things affirmed in that my Work , than any ten in Europe shall be able to confute it . You thinke ( said shee ) that I have no just Authoritie : Please your Majestie , ( said he ) that learned men in all ages have had their judgements free , and most commonly disagreeing from the Common judgement of the world ; Such also have they published , both with Pen and tongue , notwithstanding they themselves have lined in the common Societie with others , and have borne patiently with the errour and imperfections which they could not amend . Plato the Philosopher wrote his Booke of the Common wealth , in the which hee condemnes many things that were maintained in the world , and required many things to have beene reformed : And yet notwithstanding he lived under such Politicks , as then were universally received without farther troubling any State : Even so Madame am I content to do , in uprightnesse of heart , and with a testimony of good Conscience , I have communicate my judgement to the world ; if the Realme findes no inconveniencies in the Regiment of a woman , that which they approve , shall I not further disallow , then within my owne brest , but shall be all well content , and shall live under your Majestie , as Paul was to live under the Roman Emperour : And my hope is , that so long as ye defile not your hands with the Blood of the Saints of God , that neither I nor that Booke shall either hurt you or your Authoritie ; for in very deed Madame , that Booke was written most especially against that wicked Mary of England . But ( said shee ) you speake of women in generall ; most true it is Madame , ( said the other ; ) and yet plainly appeareth to me , that wisedome should perswade your Majestie never to raise trouble for that which this day hath not troubled your Majestie , neither in person , nor in anxietie . For of late yeeres many things which before were holden Stable have been called in doubt ; yea , they have been plainely impugned . But yet , Madame , I am assured , That neither Protestant nor Papist , shall be able to prove , That any such Question was at any time moved , in publike or in private . Now , Madame , said he , if I had intended to trouble your State , because you are a woman ; I might have chosen a time more convenient for that purpose then I can do now , when your own presence is within the Realme . But now , Madame , shortly to answer to the other two accusations , I heartily praise my God , through Jesus Christ , that Satan , the enemy of mankinde , and the wicked of the World , have no other crimes to lay to my charge , then such as the very World it selfe knoweth to be most false and vaine . For in England I was resident onely the space of five yeeres . The places were Barwick , where I abode two yeeres ; So long in New-castle ; And a yeere in London . Now , Madame , if in any of these places , during the time that I was there , any man shall be able to prove , That there was either Battell , Sedition , or Mutinie , I shall confesse , That I my selfe was the Malefactour , and shedder of the blood . I am not ashamed further to affirme , That God so blessed my weake labours then in Barwick ( wherein then commonly used to be slaughter , by reason of quarrells that used to arise amongst Souldiers ) there was also great quietnesse , all the time that I remained there , as there is this day in Edinburgh . And where they slander me of Magick , Necromancie , or of any other Art forbidden of God , I have witnesse ( besides mine owne conscience ) all the Congregations that ever heard me , what I speak , both against such acts , and against those that use such impietie : But seeing the wicked of the world said , That my Master the Lord Jesus was possessed with Beelzebub , I must patiently beare ; Albeit that I , wretched sinner , be unjustly accused , of those that never delighted in the Veritie . But yet ( said she ) you have taught the people to receive another Religion then their Princes can allow : And how can that Doctrine be of God ? Seeing that God commandeth Subjects to obey their Princes . Madame ( said he ) as right Religion tooke neither Originall nor Antiquity , from worldly Princes , but from the eternall God alone : So are not Subjects bound to frame their Religion according to the appetite of their Princes ; For oft it is that Princes are the most ignorant of all others , in Gods true Religion , as we may reade in the Histories , as well before the death of CHRIST JESUS , as after : If all the seed of Abraham should have beene of the Religion of Pharaoh , to whom they had beene a long time Subjects , I pray you ( Madame ) what Religion should there have been in the world ? Or if all men in the dayes of the Apostles , should have beene of the Religion of the Romane Emperours , What Religion should have been upon the face of the earth ? Daniel and his fellows were subjects to Nebuchad-nezzar , and unto Darius , and yet ( Madame ) they would not be of their Religion , neither of the one , nor of the other ; For the three Children said , We make it knowne to thee , O King , That we will not worship thy Gods. And Daniel did pray publikely unto his God , against the expresse Commandment of the King : And so , Madame , ye may perceive that Subjects are not bound to the Religion of their Princes , albeit they are commanded to give them obedience . Yea , ( quoth she ) none of these men raised their Sword against their Princes . Yet Madame ( quoth he ) ye cannot deny but they resisted : For those that obey not the Commandments given , in some sort resist . But yet ( said she ) they resisted not by the Sword. God ( said she ) Madame ) had not given them the power and the meanes . Thinke you ( said she ) That Subjects , having power , may resist their Princes ? If Princes do exceed their Bounds ( quoth he ) Madame , and doe against that wherefore they should be obeyed , there is no doubt but they may be resisted , even by Power : For there is neither greater Honour , nor greater Obedience to be given to Kings and Princes , then God hath commadned to be given to Father and Mother : But so it is , That the Father may be stricken with a Phrenzie , in the which he would slay his owne Children ; Now , Madame , if the children arise , joyn themselves together , apprehend the Father , take the Sword or other Weapon from him , and finally , binde his hands , and keepe him in Prison till that his Phrensie be over-past , Thinke ye ( Madame ) that the children do any wrong ? Or thinke ye , Madame , that God will be offended with them that have stayed their Father from committing wickednesse . It is even so ( said he ) Madame , with Princes that would murther the children of God , that are subject unto them . Their blinde zeale is nothing but a very mad phrenzie ; and therefore to take the sword from them , to binde their hands , and to cast them into prison , till that they be brought to a more sober minde , is no disobedience against Princes , but just obedience , because that it agreeth with the Word of God. At these words the Queene stood , as it were amazed , more then a quarter of an houre ; her countenance altered , so that the Lord Iames began to entreat her , and to demand , What hath offended you , Madame ? At length she said , Well , then I perceive that my Subjects shall not onely obey you , and not me ; And shall do what they list , and not what I command , and so must I be subject unto them , and not they to me . God forbid ( answered he ) that ever I take upon me to command any to obey me , or yet to set Subjects at liberty , to do whatsoever please them ; but my travell is , That both Princes and Subjects obey GOD. And thinke not ( said he ) Madame , that wrong was done unto you , when you are willed to be subject unto GOD , for it is he that subjects the people under Princes , and causes obedience to be given unto them ; yea , God craves of Kings , That they be , as it were , Foster-Fathers to the Church , and commands Queens to be Nourishers unto his People . And this subjection ( Madame ) unto God , and to his troubled Church , is the greatest dignity that flesh can get upon the face of the earth , for it shall carry them to everlasting glory . Yea ( quoth she ) but ye are not the Church that I will nourish ; I will defend the Church of Rome , for I think it is the true Church of God. Your will ( quoth he ) Madame , is no reason , neither doth your thought make that Romane Harlot to be the Immaculate Spouse of Jesus Christ. And wonder not , Madame , that I call Rome an Harlot ; for that Church is altogether polluted with all kinde of Spirituall Fornication , as well in Doctrine , as in Manners : yea , Madam , I offer my selfe further to prove , That the Church of the Jewes , who crucified Jesus Christ , when that they manifestly denied the Sonne of God , was not so farre degenerated from the Ordinances and Statutes which God gave by Moses and Aaron unto his People , as the Church of Rome is declined , and more then five hundred yeers hath declined from the Purity of Religion which the Apostles taught and planted . My conscience ( said she ) is not so . Conscience , Madame ( said he ) requires knowledge ; and I fear that of right knowledge you have but little . But ( said she ) I have both heard and read . So , Madame ( said he ) did the Jewes that crucified Christ Jesus , reade both the Law and the Prophets , and heard the same interpreted , after their manner . Have ye heard ( said he ) any teach , but such as the Pope and his Cardinalls have allowed ? And you may be assured , That such will speak nothing to offend their owne state . Ye interpret the Scriptures ( said she ) in one manner , and they in another ; Whom shall I believe , and who shall be Judge ? Believe ( said he ) God , that plainly speaketh in his Word : And further then the Word teacheth you , ye shall neither believe the one nor the other . The Word of God is plain in it self ; And if there appear any obscurity in one place , the holy Ghost , which is never contrarious to himself , explains the same more clearly in other places : So that there can remaine no doubt , but unto such as obstinately will remaine ignorant . And now , Madame , ( said he ) to take one of the chief Points which this day is in controversie betwixt the Papists and us , for example . The Papists alleadge , and boldly have affirmed , That the Masse is the Ordinance of God , and the Institution of Jesus Christ , and a Sacrifice for the quick and the dead . We deny both the one and the other , and affirme , That the Masse , as it is now used , is nothing but the Invention of man ; and therefore it is an Abomination before God , and no Sacrifice that ever God commanded . Now ( Madame ) who shall judge betwixt us , two thus contending ? It is not reason that either of the persons be further believed , then they are able to prove by insuspect witnessing : Let them lay downe the Book of God , and by the plain words prove their affirmatives , and we shall give unto them the play granted . But so long as they are bold to affirme , and yet do prove nothing , we must say , That albeit all the world believe them , yet believe they not God , but do receive the lyes of men for the Truth of God. What our Master Christ Jesus did , we know by his Evangelists : What the Priests do at the Masse , the world seeth . Now doth not the Word of God plainly assure us , That Christ Jesus neither said , nor yet commanded Masse to be said at his last Supper , seeing that no such thing as the Masse is made mention of within the whole Scriptures . You are over-hard for me ( said the Queen ) but if they were here whom I have heard , they would answer you . Madame , ( said the other ) would to God that the learnedest Papist in Europe , and he that you would best believe were present with your Majestie to sustain the argument ; and that ye would abide patiently to hear the matter reasoned to the end ; for then I doubt not , Madame , but that you should hear the vanity of the Papisticall Religion , and what small ground it hath within the Word of God. Well ( said she ) ye may perchance get that sooner then you believe . Assuredly ( said the other ) if ever I get that in my self , I get it sooner then I believe ; for the ignorant Papist cannot patiently reason , and the learned and crafty Papist will never come in your audience ( Madame ) to have the ground of their Religion searched out ; for they know they are not able to maintain any argument , except by fire and sword , and their own Laws be judges . So say you ( quoth the Queen ) and I believe it hath been to this day . ( Quoth he ) for how oft have the Papists in this and in other Realmes , been required to come to conference , and yet could it never be obtained , unlesse themselves were admitted for Judges : and therefore I must yet say again , That they dare never dispute , but where themselves are both judges and party . And when you shall let me see the contrary , I shall grant my self to be deceived in that Point . And with this the Queen was called unto dinner ; for it was afternoon . At departing , Iohn Knox said unto her , I pray God , Madame , that you may be also blessed within the Common-wealth of Scotland ( if it be the pleasure of God ) as ever Deborah was in the Common-wealth of Israel . Of this long conference , whereof we onely touch a part , were divers opinions : The Papists grudged , and feared that which they needed not ; the godly thinking at least , That she would have heard the preaching , rejoyceed ; but they were utterly deceived , for she continued in her Massing , and despised , and quickly mocked all exhortation . Iohn Knox his owne judgement , being by some of his familiars demanded what he thought of the Queen , said , If there be not in her a proud mind , a crafty wit , and an indurate heart against God and his Truth , my judgement faileth me : and this I say with a grieved heart , for the good I wish unto her , and by her , to the Church and State. When the whole Nobility were convened , the Lords of Privie Councell were chosen , where were appointed the Duke , the Earles of Huntley , Argyle , Atholl , Mortoun , Glencarne , Mershell , Bothwell ; Lords Arskeme , and Lord Iames , after Earle Murray ; and these were appointed as certain to wait upon the Court by course : But that Order continued not long ; Duke d'Anville returned with the Galleyes to France . The Queen entred in her Progresse , and in the Moneth of September travelled from Edinburgh , Linlithgow , Sterlin , S. Iohnston , Dundie , S. Androes ; all these parts she polluted with the Idolatrous Masse : Fire followed the Court very commonly in that Journey , the Towns propined the Queen liberally , thereof were the French enriched . About the beginning of October they returned to Edinburgh ; and at the day appointed the Q. was received in the Castle : whereat preparations were made for her entry into the Town , in Farces , in Masking , and other Prodigalities : fain would our fools have counterfeited France : Whatsoever might set forth her glory , that she heard , and gladly beheld . The Keyes were delivered unto her by a pretty Boy , descending , as it were from a Cloud : The Verses of her own Praise she heard , and smiled ; But when the Bible was presented , and the Praise thereof declared , she began to frowne ; for shame she could not refuse it , but she did no better , for she gave it to the most pestilent Papist within the Realme , to wit , To Arthur Arskeme . Edinburgh since that day have reaped as they sowed : They gave her some taste of their Prodigality : And because the Liquor was sweet , she hath licked oft of that Bust or Box , oftner then twice since . All men know what we mean ; The Queen cannot lack , and the Subjects have . In Edinburgh it hath been an ancient and laudable Custome , That the Provests , Bayliffs , and Councell , after their Election , which used to be at Michaelmas , caused publikely proclaim the Statutes and Ordinances of the Town ; And therefore Archbald Dowglas Provest , Ed. Hope , Adam Fullartoun , &c. Bayliffs , caused proclaim according to the former Statutes of the Town , That no Adulterer nor Fornicator , no noted Drunkard , no Masse-monger , no obstinate Papist that corrupted the people , such as Priests , Friers , and others of that sort , should be found within 41 hours thereafter , under the Pains contained in the Statutes : Which blowne in the Queens ears , there began pride and maliciousnesse to shew it selfe ; for without further cogitation of the cause , was the Provest and Bayliffes charged to Ward in the Castle , and immediately was Commandment given , That other Provests and Bayliffs should be elected . Some gainstood for a while : The new Election alleadged , That the Provest and Bayliffs whom they had chosen , and to whom they had given their Oath , had committed no offence ; therefore that justly they might be deprived . But while Charge was doubled upon Charge , and no man found to oppose himself to impiety , the misled Queens Letter and wicked will is obeyed , as just Law. And so was M. Thomas Makalan chosen Provest for the other . The man , no doubt , was both discreet , and sufficient for that Charge ; but the deposition of the other was against all Law. God be mercifull to some of our owne , for they were not all blamelesse , that the Queens unreasonable will was so far obeyed . A contrary Proclamation was publikely made , That the Town should be patent to all the Queens Lieges : And so Murtherers , Adulterers , Theeves ( Whores , Drunkards , Idolaters , and all Malefactors , got protection under the Queens wings , under colour that they were of her Religion : And so got the devill freedome againe , where that before he durst not have been seen in day light upon the common streets . Lord deliver us from this Bondage of sin . The Devil finding his raines loose , ran forward in his course , and the Queen ( evil men abusing her name and authority ) took upon her greater boldnesse , then she , and Balaams bleating Priests durst have attempted before ; for upon All-Hallow day they bended up their Masse with all mischievous solemnitie . The Ministers thereat offended , in plaine and publike place , declared the inconvenience that thereupon would ensue . The Nobility were sufficiently admonished of their duties ; but affection caused men to call that in doubt , wherein oft before they seemed most resolute ; to wit , Where that the Subjects might have hand to suppresse the Idolatry of their Prince ? And upon this Question conveaned in the house of Master Iames Mackgill , the Lord Iames , Earle of Morton , the Earle of Marshall , Secretary Lethington , the Justice Clarke , and the foresaid Master Iames Clarke of the Register ; who all reasoned for the part of the Queen , affirming , That the Subjects might not take her Masse lawfully from her : In the contrary judgement were the principall Ministers , Master Iohn Row , Master George Hay , Master Robert Hamilton , and Iohn Knox. The reasons of both parties we will omit , because they will be explained after , where the said Question and others , Concerning the Obedience due to Princes , were long reasoned in open assembly : The conclusion of that first reasoning was ; That the Question should be formed ; Letters directed to Geneva for the resolution of that Church ; Wherein Iohn Knox offered his labour . But Secretary Lethington , alleadging , That there stood much in the information , said , That he should write : But that was onely to drive time , as the trueth declared it selfe . The Queenes partie urged , That the Queen should have her Religion free in her own Chappell , to do , she and her houshold , what they list . The Ministers affirmed , and Voted the contrary ; adding , That her liberty should be their thraldome , ere it be long . But neither could reason nor threatning move the affections of such as were creeping in Credit , and so did the Votes of the Lords prevaile against the Ministers . For the punishment of Theft and Reafe , which had encreased upon the border : and in the South from the Queenes arrivall , was the Lord Iames made Lieutenant , some suspected that such honour and charge proceeded from the same heart and counsell that Saul made David Captain against the Philistines ; but God assisted and bowed the hearts of men , both to feare and obey him ; yea , the Lord Bothwell himselfe at that time assisted him , but he had remission for Liddisdall , except that execution was there made in Edinburgh , for her twenty eight of one clan , and other , were hanged at that Justice Court , bribes , budds , or sollicitation , saved not the guilty , if he might be apprehended . And therefore God prospered him in that his integrity that same time the Lord Iames spake with the Lord Gray of England at Kelsoe , for good rule to be kept on both the borders , and agreed in all things . Before his returning , the Queene upon a night tooke a fright in her bed , as if horsemen had been in the Close , and as if the Palace had been enclosed about ; whether it proceeded of her own womanly fantasie , or if men put her in feare , for displeasure of the Earle of Arrane : And for other purposes , as for the electing of the Guard , we know not ; but the feare was so great , that the Towne was called to the Watch ; Lord Robert of Hallyrud-house , and Iohn of Coldingham kept the Watch by course ; Skouts were set forth , and Sentinels , upon pain of death , were commanded to keep their Stations . And yet they feared where there was no fear , neither yet could ever any appearance or suspition of such things be tried . Shortly after the returning of the Lord Iames , there came from the Queen of England , Sir Peter Mewtes , with Commission to require the Ratification of the Peace made at Leith . Her answer was , even such as we have heard before ; That she behoved to advise , and then she should answer . In presence of her Councell she kept her selfe grave ; for under the mourning weed and apparell she could dissemble in full perfection : but how soon that ever the French people had her alone , they told her , That since she came to Scotland , she saw nothing there but gravity , which repugned altogether to her breeding , for she was brought up in joviality , so tearmed she her Dancing , and other things thereto belonging . The generall Assembly of the Church approached , holden in December , after the Queens arrivall , in the which began the rulers of the Court to draw themselves apart from the Societie of their brethren , and began to strive and grudge , That any thing should be consulted upon , without their advices , Master Iohn Wood , who before had shewed himselfe very fervent in the Cause of God , and forward in giving of his councell in all doubtfull matters , refused to assist the Assembly again , whereof many did wonder ; The Courtiers drew unto them some of the Lords , and would not conveane with their Brethren , as before they were accustomed , but kept themselves in the Abbey ; The principall Commissioners of the Church , the Superintendents , and some Ministers , past unto them , where they were assembled in the Abbots Lodging within Hallyrud-house , both the parties began to open their griefes ; The Lords complained , That the Ministers drew the Gentlemen into secret , and held Councell without their knowledge : The Ministers denied , That they had done any thing in secret , otherwise then the common Order commanded them ; And accused the Lords ( the flatterers of the Queen we meane ) that they kept not the Convention with their Brethren ; considering , That they knew the Order , and that the same was appointed by their own advice , as the Book of Discipline subscribed with the most part of their own hands would witnesse ; some began to deny , That ever they knew such a thing as the Book of Discipline : And called also in doubt , Whether it was expedient , that such Assemblies should be or not : for gladly would the Queen and her secret Councell have had all Assemblies of the godly discharged ; The reasoning was sharpe and quicke on either side : The Queens faction alleadged , That it was suspicious to Princes , that Subjects should assemble themselves , and keep Conventions without their knowledge . It was answered , That without knowledge of the Princes , the Church did nothing , for the Princes perfectly understood , That within this Realme was a Reformed Church ; and that they had their Orders and appointed times of Convention . And so without knowledge of the Princes , they did nothing : Yea ( said Lethington ) the Queen knew , and knoweth well enough ; But the Question is , Whether that the Queen alloweth such Conventions : It was answered , If the Libertie of the Church should stand upon the Queens allowance or disallowance , we are assured , not onely to lacke Assemblies , but also to lacke the publike Preaching of the Evangell , that affirmative was mocked , and the contrary affirmed , Well ( said the other ) time will try the truth ; But to my former words , this I will adde ; Take from us the freedomes of assemblies , and take from us the Evangell ; for without assemblies , how shall good order and unity in Doctrine be kept ? It is not to be supposed , That all Ministers shall be so perfect , but that they shall need admonition , as well concerning Manners as Doctrine : As it may be , that some be so stiffe-necked , that they will not admit the admonition of the simple ; As also , it may be that fault may be found with Ministers without just offence committed : And if order be not taken both with the Complainer , and with the persons complained upon : It cannot be avoided but that many grievous offences shall arise ; For remedy whereof , of necessity it is , That generall Assemblies must be . In the which , the judgements and gravitie of many may occurre , to correct or represse the follies or errours of a few . Hereunto consented the most part , as well of the Nobility as of the Barrons , and willed the reasoners for the Queen to be sent to her Majestie , if that she stood in suspition of any thing that was to be handled in their assemblies , that it would please her Majestie to send such as he would appoint , to hear whatsoever was propounded or reasoned . Hereafter was the Book of Discipline proposed , and desired to have been ratified by the Queens Majestie , but it was stopped , and the Question demanded , How many of those that subscribed to that Book would be subject unto it ? It was answered , All the godly : Will the Duke , said Lethington ? If he will not , answered the Lord Uchiltrie , I would that he were scraped out , not onely of that Book , but also out of our number and company ; for what purpose shall labour be taken to put the Church in order , and to what end shall men subscribe , and then never mean to keep a word of that which they promise ? Lethington answered , Many subscribe there in fide Parentum , as Children are baptized . One , to wit Iohn Knox , answered , Albeit ye think that scoffe proper , yet as it is most untrue , so it is most improper : That Book was read in publike audience ; and by the space of divers dayes , the hearers thereof were resolved , as all that here sit know well enough , and you your selves cannot deny ; So that no man was required to subscribe that which he understood not : Stand content , said one , that Booke will not be obtained : Let God ( said the other ) require the lack and want which this poor Common-wealth shall have of the things therein contained , from the hands of such as stop the same . Thomas Borrows perceiving that the Book of discipline was refused , presented unto the Councill certain Articles , requiring Idolatry to be suppressed , their Churches to be planted with true Ministers , and some certain propositions to be made for them , according to equitie and Conscience , for unto that time the most part of the Ministers , had lived upon the benevolence of men ; for many had into their owne hands the profits that the Bishops , and others of that Sect had before abused , and so some part was bestowed upon the Ministers . But when the Bishops began to gripe again to that , which most unjustly they called their own : for the Earle of Arrane was discharged of Saint Andrews and Dumfermling , wherewith before by vertue of a Factory and Commission , he had intromitted and medled : And so were many others . Therefore the Barons required , That order might be taken for the Ministers , or else they would no more cause Rents to be paid unto any , that formerly belonged to the Church-men , nor suffer any thing to be collected for the use of any whosoever , after the Queenes arrivall , then that they did before ; for they verily supposed , that the Queens Majestie would keep promise made to them , which was , Not to alter their Religion , which could not remain without Ministers ; and Ministers could not live without provision : And therefore they heartily desired the Councell to provide some convenient order in that behalf . This somewhat moved the Queens flatterers , for the Rod of impiety was not then strengthened in her and their hands . And so began they to practise how they might please the Queen , and yet seem somewhat to satisfie the faithfull ; And so devised they , That the Church-men should have intromission and medling with the two parts of their Benefices ; and that the third part should be gathered by such men as thereto should be appointed for such uses ; As in these subsequent Acts are more fully expressed . Apud Edinburgh vicesimo Decemb. Anno 1561. THe which day ; Forasmuch as the Queens Majestie , by the advice of the Lords of her secret Councell , foreseeing the imminent troubles , which apparantly threaten to arise amongst the Lieges of this Realme for matters of Religion , to stay the same , and shun all incommodities that might thereupon ensue , having intercommuned and spoken with a part of the Clergie , or State Ecclesiasticall , with whom then , reasoning being had , It was thought good and expedient by her Highnesse , That a generall Assembly should be appointed , the 15 day of December instant , whereto the rest of the States might have appeared : and by the advice of Lawyers , one reasonable overture be made , and order taken for staying of the approaching trouble , and quieting of all the Countrey ; which Assembly , being by her Majestie appointed , and sundry dayes of Counsell kept ; and the said Ecclesiasticall State oft-times required , That the said Order might be taken , and overture made for staying of the trouble , and quieting of the Countrey . Last of all , in presence of the Queens Majesty , and Lords of the Councell aforesaid , and others of the Nobility of this Realm , compeired , Iohn Arch-bishop of Saint Andrews , Patrick Bishop of Murray , Henry Bishop of Rosse , and Robert Bishop of Dunkeld : And for themselves respectively offered unto the Queens Majestie , to be content with the two parts of the Rents of their Benefices ; and the third part to be imployed as her Majestie thought expedient . And because the certaintie thereof was not knowne , not yet what summes of Money would sustaine the Ministery , and Ministers of Gods Word within this Realme , neither yet how much was necessary to support the Queenes Majesty above her own Rents , for the common affairs of the Countrey , Therefore it is Ordained , Concluded , and Determined by the Queens Majesty , and the Lords of the Councell aforesaid , and others of the Nobility present , That if the fourth part of the whole Benefices within this Realm , may be sufficient to sustain the Ministers thorowout this whole Realme , and support the Queens Majesty to maintain and set forwards the common affairs of the Countrey failing thereof , the third part of the said Profits , and more , if it be found sufficient for the effect afore●aid , to be taken up yeerly in time coming , that a generall order may be taken therewith , and so much thereof to be employed to the Queens Majesties use , for entertaining and setting forward of the common affairs of the Countrey ; and so much thereof to the Ministers , and sustentation of the Ministry , as may reasonably sustain the same , at the sight and discretion of the Queens Majesty , and Councell aforesaid , and the excrescens and superplus to be assigned to the old Possessors . And to the effect that the Rents and yeerly Profits of the whole Benefices within this Realme may be cleerly known to the Queens Majesty and Councell aforesaid , It is Statuted and Ordained , That the whole Rentals of the Benefices of this Realm be produced before her Majesty and Lords aforesaid , at the time under-written : that is to say , The Rentalls of the Benefices on this side of the Water , before the 24 of Ianuary next coming : And those beyond the water , the 10 of February next thereafter ; and ordains Letters to be directed to the Sheriffs in that part , to passe charge , and require all and sundry Archbishops , Bishops , Commendators , Abbots , Priors , on this side of the Water , personally to be apprehended , and failing thereof , at their dwelling places , or at the Parish Churches where they should remain , Cathedrall Churches or Abbeyes : And all Archdeacons , Deans , Chanters , sub-Chanters , Provests , Parsons and Vicars , and other Beneficed men whatsoever , their Chamberlains and Factors , personally , or at their dwelling places , or at the Parish Churches where they should remain , To exhibite and produce before the Queens Majesty and Lords aforesaid , before the said 24 day of Ianuary next coming , the just and true Rentals of the values and rents of their Benefices , to the effect aforesaid : And to chare the Prelats , and the other Beneficed men on the other side of the Water in manner aforesaid , to exhibite and produce the just and true Rentals of their Benefices before the Queens Majesty and Lords aforesaid , the said 10 of February , to the effect aforesaid ; with certification to them , That if any fails to appeare , the Queens Majesties and Councels wills are , That they should be proceeded against here , as the matter requires : And likewise to charge the whole Superintendents , Ministers , Elders and Deacons of the principall Towns and Shires of this Realm , to give in before the Queens Majesty and Lords of the Councell aforesaid , before the said 24 of Ianuary next coming , a formall and sufficient Roll and Memoriall , what may be sufficient and reasonable to sustain Ministry , and whole Ministers of this Realme , that her Majesty , and Lords of the Councell aforesaid , may rightly and diligently weigh and consider what necessary support is required to be taken yeerly of the fruits of the said Benefices ( by her Majesties own yearly Rent ) to entertain and set forward the common affairs of this Realme , against the said 24 day of Ianuary next coming , that it may be proceeded in the said matter , all parties satisfied , and the whole Countrey , and Lieges thereof set in quietnesse . Apud Linlithgow , 24 Ianuarii , &c. FOrasmuch as the Queens Majesty , with the advice of the Lords of her Secret Councell , directed her Letters , commanding all and sundry Arch-bishops , Bishops , Abbots , &c. and all other Beneficed men , their Factors , Farmors , Takesmen , to appear before her Highnesse and Lords aforesaid at Edinburgh , or where it should happen them to be for the time , so many as dwells upon this side of the water , before the 24 day of Ianuary instant ; and them that dwells beyond the water , the 10 of February next coming , that the just value of their Benefices might be knowne ; so that hereafter her Highnesse may take order for the Sustentation of the Ministry of the Church , and the publike businesse of the Realme . And because the Queens Majesty is presently busied with other affairs , and may not her self attend upon the receipt of the said Rent , therefore her Highnesse hath given and granted , and by these Presents gives and grants full power and Commission to Master Iames Mackgill of Rankellor nether , Clerk of the Register , Sir Iohn Ballenden of Archnenell , Knight , Justice Clerk to the Treasurer , Secretary of State , Advocate of the Crowne , and Laird of Pittarrow , to call before them within the City of Edinburgh , all and sundry Prelates , and Beneficed men , which are charged by vertue of the said Letters , now presently being in Edinburgh , or shall happen hereafter to repair thereto , their Factors or Farmers , and there enquire of them the Rentalls of their Benefices , and receive the same from them to the effect aforesaid . And likewise that the said Commissioners cause warne all Seperintendents , Over-seers , Ministers . Elders and Deacons , to give unto them the names of all the Ministers of this Realme , that the just Calculation being made and considered by the said Commissioners of the value of the said Benefices , they may report the same unto the Queens Majesty , that her Highnesse may take order herein , according to the just Tenour of the first Ordinance made thereupon . Apud Edinburgh , 12 February , 1561. FOrasmuch as by Statute and Ordinance made by the Queens Majesty , and Lords of the Secret Councell , and her Highnesse Letters directed thereupon , all and sundry Archbishops , Bishops , Abbots , &c. and other Beneficed men , were charged to produce the Rentalls of their Benefices before her Majesty and Lords aforesaid , in manner following ( that is to say ) The said Beneficed men dwelling on this side of the Water , before the four and twentieth of Ianuary last past : And on the other side of the Water , before the tenth of February instant ; to the effect that order might be taken therin to conform to the Ordinance ; With certification to them , that if they fayled , the Queens Majestie , and Counsell aforesaid , would take order therein , as the same Ordinance bears . Notwithstanding of the which the Queens Majestie , and Counsell , and others appointed , for receiving of the said Rentalls , have continually since the said 24 of Ianuary aforesaid , waited upon the receiving of them ; yet a very small number of them have produced their Rentalls , thereby not onely contemning her Majesties Ordinance and Proclamation aforesaid , but also her selfe and her Authoritie , as they were Princes and not Subjects , expresse against Equitie , Reason , and Justice ; For remedy whereof the Queene Majestie ordains , with advice of the Lords of her secret Councill , That Factors , Chamerlains or Stewards bee appointed to intromett , gather , uplist and receive , to our Soveraign Ladies use , all and sundry mailles , tythes or tiends , farmes , rents , provents , emoluments , fruits , profits , and due tyes of whatsoever benefices , whereof the Rentalls are not produced conforme to the said Ordinance . And if any Retalls already produced bears not the just value , but is Fraudulently made , to intromet and uptake as much of the profits and fruits of the said benefices , as are omitted forth of the said Rentalls , and the In-givers of the Rentalls , and Professors of the Benefices thereof , shall never have action to claime , crave or receive from the Tenants and Occupiers further then is contained in the same Rentals , already produced by them ; and the Tenants and Possessors shall be holden to pay no more than is contained in the same Rentalls , already produced , as aforesaid : And the said Chamerlains and Factors to be appointed by the Queenes Majestie , shall have sufficient power to intromitt and uptake the fruits and profits aforesaid , in such fulnesse as if speciall Letters of Factory and Chamerlancie were granted to them thereupon ; and ordains the Lords of the Session to direct forth Letters at the said Factors and Chamerlaines instancies either of horning or poynding , as shall be thought expedient , for causing of them to bee answered of fruits of the said Benefices to be forth-commanded to the Queenes Majesties behalf and use , while further order be taken therein . Apud Edinburge , 15. February 1561. FOr as much as the Queenes Majestie by the advice of the Lords of her secret Councell , and others , divers of the Nobility had of before the two and twentieth day of December last past , ordained , that if the fourth part of the fruits , and Rents of all the Benefices within this Realme were not sufficient for the Supporting of her Majesties present wants , and the particular Charges under-written , necessary to be borne for the weale of the Countrey , than the third of the said fruits more or lesse should be taken up to the effects aforesaid ; and ordained Letters to be directed , charging all and sundry Beneficed men on this side of the Water , to produce their Rentalls before the foure and twentieth day of Ianuary last past . And the tenth of February instant , were prefixed by the said Letters , for the bringing in all Rentalls of the Benefices beyond the water ; with certification ▪ That who produced not the said Rentalls at the dayes aforesaid respectively , the Queens Majesty and her Councell would provide remedy : according to the which Certification , her Highnesse , with advice of her Councell aforesaid , hath Ordained , That they who have not produced their Rentalls whole and full , intromission shall be had of their fruits , by them whom her Majesty shall direct thereto : And who have not given their just Rentalls , whatsoever part omitted forth of their said Rentall , shall be intromitted in like manner . And further , having consulted rightly , and diligently advised upon the common affairs , and necessities concerning the Queens Majesty , and charges to be borne for the Common-weale of the Realme , and sustentation and maintenance of the Preachers and Readers , conform to the said Ordinance made thereupon of before , hath Ordained and Declared the whole third part of all Benefices , of the which Rentalls are produced , to be taken up by the person or persons to be nominated by her Majesty , and to begin upon this last Crop of the yeer of God 1561. the same to be employed to the effect aforesaid : Together with the whole Profits of the Benefices whereof the Rentalls are not produced ; And also , all that is omitted out of the Rentalls produced : And that order be directed by the Queens Majesty to the Lords of the Session , That the old Possessors may be answered of the remnant fruits of the said Benefices ; providing , That the third part aforesaid , be full and whole taken up by the persons to be deputed to the taking thereof ; And this Order to continue and stand , while further order be taken by the Queens Majesty , with the advice of the States . Moreover , her Highnesse , with the advice of the Councell aforesaid , hath Statuted and Ordained , That Annuells , Marles , and Duties within free Burroughs , or other Townes of this Realme , as well pertaining to Chaplanries , Prebendaries , as to Friers , together with the Rents of the Friers Lands , where-ever they be , setting and disposing thereupon , be intermedled with , and taken by such as her Majesty shall depute thereto , for employing of the same by her Highnesse to Hospitalls , Schools , and other godly uses , as shall seeme best to her Highnesse , with advice of her Councell . And knowing that nothing is more commodious for the foresaid Hospitality , then the places of Friers that are yet undemolished ; and also to the entertainment of Schools , Colledges , and other uses aforesaid , ordains the Provests and Bayliffs of Aberdeine , Elgmen , Murray , Inneresk , Glasgow , and other Burroughs of this Realme , where the same are not demolished , to entertain and uphold the said Friers places standing in the said Townes , upon the Common goods thereof , and to use the same to the Common weale and service of the said Townes , untill the Queenes Majesty be further advised , and take finall order in such things , notwithstanding of any Gift , Title , or Entryes , given to whatsoever persons of the said places , with their Yards and Orchards , and other Pertinents , by our Soveraign Lady of before . The Lords of secret Councell that were present at the Voting and making of the aforesaid Acts , were Iames Duke of Chattellarault , George Earle of Huntley , Archibald Earle of Argyle , William Earle Mershall , Iohn Earle Atholl , William Earle of Montrosse , Iames Earle Morton , Alexander Earle of Glencarne , Iames Commendator of Saint Andrews , Iohn Lord Erskin , The Treasurer , The Justice Clerke , The Steward and Controller . For the first Acts , the Earle of Huntley said jestingly , Good morrow , my Lords of the two parts . The whole Rentals being gathered , the sum of the third , according to their own calculation , was found to extend to , &c. The Ministers even in the beginning of publike Sermons opposed themselves to such corruption , for they foresaw the purposes of the Devill , and clearly understood the Butt whereat the Queene and her flatterers Shot . And so in the chaire of Edinburgh Iohn Knox said , Well , if the end of this Order , pretended to be taken for sustentation of the Ministers , be happy , my judgement failes me ; for I am assured , That the Spirit of God is not the Authour of it , for first I see two parts freely given to the Devill , and the third must be divided between God and the Devill . Well , said he , beare witnesse to me , that this day I said it , Ere it be long the Devill shall have three parts of the third ; and judge you then , what Gods portion will be . This was an unsavory saying in the eares of many ; Some were not ashamed to affirme , That the Ministers being sustained , the Queen will not get at the yeers end , to buy her a paire of new shoes . And this was Secretary Lethington . There were appointed to modifie the Ministers stipends , The Earle of Argyle , Murray , and Morton , Lethington , Justice Clarke , and Clerke of the Register . The Laird of Pittaro , was appointed to pay the Ministers Stipends , according to their Modification : Who would have thought that when Ioseph ruled Egypt , that his brethren should have travelled for Victuals , and have returned with empty Sacks unto their families ; men would rather have thought that Pharaohs Pose , Treasure , and Gilnells should rather have been diminished then that the houshold of Iacob should stand in danger to starve for hunger . But so busie and circumspect were the Modificators ( because it was a new Office the terme must also be new ) that the Ministers should not be over-wanton ; That a hundred * Marks was sufficient to a single man , being a common Minister : Three hundred Marks was the highest that was appointed to any , except the Superintendents , and a few others ; shortly , Whether it was the ingratitude of their own hearts , or the care that they had to enrich the Queene , we know not : But the poore Ministers , Readers and Exhorters , cryed out to the heaven ( as their complaints in all assemblies do witnesse ) That neither were they able to live upon the Stipends appointed , neither could they get payment of that small thing that was appointed , so faine would the Controllers have played the good Vallet , and have satisfied the Queen , or else their own profit : The good Laird of Pittaro was an earnest Professour of Christ , but the great Devill receive the Controller , for he and his Collectours are become greedy factors . To put an end to this unpleasing matter ; When the brethren complained of their poverty ; it was disdainfully answered of some , There are many Lairds that have not so much to spend , when men did reason , that the Vocation of Ministers craved of them , books , quietnesse , study , and travell to edifie the Church of Christ Jesus , when many Lairds were waiting upon their worldly businesse ; and therefore that the stipends of Ministers , who had no other industry , but to live upon that which was appointed , ought not to be mollified according to the living of other common men , who might and did daily augment their Rents by some other industry . When such reasons were laid before them , they got none other answer , but , The Queen can spare no greater Sums ; Oft was it cryed out in their ears , O happy servants of the Devill , and miserable servants of Iesus Christ , if after this life there were nor Hell nor Heaven : For to the servants of the Devill , these dumbe Dogs , and horrid Bishops ; To one of those idle bellies , I say , ten thousand was not enough , but to the servants of Christ , that painfully preach his Evangell , a hundreth will suffice ; how can that be sustained ? One day in reasoning of this matter , the Secretary burst out in a piece of his collor , and said , The Ministers have thus much payed unto them by year , who ever yet said to the Queen , Grand mercies for it ? was there ever a Minister that gave thanks to God for her Majesties liberalitie towards them ? One singled , and answered , Assuredly , I think , that such as receive any thing gratis of the Queen , are unthankfull if they acknowledge it not , both in heart and minde : But whether the Ministers be of that rank , or not , I greatly doubt ▪ gratis I am sure they receive nothing , and whether they receive any at all from the Queen , wise men may reason ; I am assured , that neither third nor two parts ever appertained to any of her Predecessors within this Realm these thousand years last past , neither yet hath the Queens Flatterers better title to that which she usurpes , be it in-giving to others , or taken it to her self , then the souldiers who crucified Jesus Christ had to divide his Garments amongst them . And if the truth may be spoken , she hath not so good Title as they had , for such spoile ought to be the reward of such men . And in that point the Souldiers were more gentle than the Queenes Flatterers , for they parted not the Garments of our Saviour , till that he himself was hung upon the Crosse ; but her Flatterers do part the spoil whilest that poor Christ is yet preaching amongst you . But the wisedome of our God taketh tryall of us by this meanes , knowing well enough what the Court faction have purposed to do : Let the Papists , who have the two parts , some that have their thirds free , and some that have gotten Abbeys , and few Lands , thanke the Queen , and King , Placebo Domine , the poore Preachers will not yet flatter , for feeding of their bellies . These words were judged proud and intollerable , and ingendred no small displeasure to the Speaker . This we put in memory , that the posterity to come may know that God once made his truth to triumph , but because some of our selves delighted more in darknesse , than in light , God hath restrained our freedom , and put the whole body in bondage , yea , the greatest Flatterers have not escaped so free as they supposed , yea , the latter plagues appear yet to be worse than the first . Be mercifull unto us , ( O Lord ) and deal with us not according to our deservings , but look thou to the equitie of the cause which thou hath put in our hands , and suffer not iniquitie to oppresse thy Trueth , for thy own names sake , O Lord. In this mean while , to wit , in February , 1561. was Lord Iames , first made Earl of Murray , and then marryed one Agnes Keith , daughter to the Earl Marshall . The marriage was publike in the Church of Edinburgh ; at the blessing of the marriage they both got one admonition to behave themselves moderately in all things : For said the Preacher to him , The Church of God hath received comfort by you , and by your labours unto this day . In the which , if hereafter you shall be found fainter then you have been formerly , it will be said , That your Wife hath changed your nature . The greatnesse of the Bankquet , and the vanitie used thereat , offended many Godly ; There began the Masking , which from yeer to yeer , hath continued since . Master Randolph , Agent for the Queen of England was then , and sometime after in no small esteem with our Queen : For his Mistris sake , she did drink to him in a Cup of Gold , which he possessed with great joy , more for the favour of the giver , then of the gift , and value thereof , and yet it was honourable . The things that then were in handling betwixt the two Queens , whereof Lethington , Secretary Cecill , and Master Randolph , were Ministers , were of great weight , as we will after heare . This Winter the Earl of Bothwell , the Marquis D'albuff , and Lord Iohn of Coldingham committed ryot in Edinburgh , and disordered the whole Town , brake Cuthbert Ramseyes Gates and Doors , searched his House for his Daughter in law , Alison Craige . And this was done in despight of the Earl of Arrane , who was suspected to have been in love with the said Alison , the horrours of this fact , and the veritie of it highly commoved all godly hearts . The Assembly , and also the Nobilitie , for the most part were in the Town ; and so they concluded to crave justice , and so they did , as by this subsequent supplication doth appear . To the Queens Majestie , Her secret Councell , Her Highnesse faithfull and obedient Subjects , The professors of Christ Iesus , his holy Evangell , wish the Spirit of righteous judgement . THe fear of God conceived of his holy Word ; the naturall and unfained love we bear unto your Majestie ; the duetie which we owe to the quietnesse of our Country ; and the terrible threatnings which our God pronounceth against every Realm , and Citie ; in the which horrible Crimes are openly committed , and then by the Committers obstinately defended , compells us , a great part of our Subjects , humbly to crave of your Majesties , upright and true judgement against such persons as have done , what in them lye , to kindle Gods wrath against this whole Realm . The impiety by them committed , is so haynous , and so horrible , That as it is a fact most vile and rare to be heard of within the Realm , and principally within the Bowels of this Citie ; So should we thinke our selves guiltie of the same , if negligently , or yet for worldy fear we put it over with silence ; and therfore your Majestie may not think that we crave any thing , while that we crave open Malefactors condignly to be punished ; But that God hath commanded us to crave , and also hath commanded your Majestie to give to every one of your Subjects ; for by this Lynk hath God knit together the Prince and people , that as he commands honour , fear and obedience to be given to the powers established by him ; so doth he in expresse words command and declare what the Prince oweth unto the Subjects , to wit , That as he is the Minister of God , bearing the sword for vengeance to be taken on evill doers , and for the denfence of peaceable and quiet men ; so ought he to draw the sword without partialitie , so oft as in Gods Name he is required thereto . Seeing so it is ( Madame ) that this crime so recently committed , and that in the eyes of the whole Realm now publikely assembled , is so hainous ; for who heretofore hath heard within the bowels of Edinburgh , Gates and Doors under silence of night broken , Houses ripped or searched , and that with hostillity , seeking a woman , as appeareth to oppresse her . Seeing ( we say ) that this crime is so hainous , that all godly men fear not onely Gods dispeasure to fall upon you and your whole Realm ; but also that such licentiousnesse breed contempt , and in the end sedition , if remedie in time be not provided , which in our judgement is possible , if severe punishment be not executed for the crime committed . Therefore we most humbly beseech your Majestie , that all affection set aside , you declare your self so upright in this case , that ye may give evident demonstration to all your Subjects , that the fear of God , joyned with the love of common tranquility , hath principall seat in your Majesties Heart . This , further Madame , in conscience we speak , That as your Majesty in Gods Name doth crave of us obedience , which to render in all things lawfull we are most willing ; so in the same name doe we the whole Professors of Christs Evangell within this your Majesties Realme , crave of you and of your Councell sharp punishment of this crime . And for performance thereof , that without delay the most principall Actors of this haynous crime , and the perswaders of this publike Villany , may be called before the Chief Justice of this Realm , to suffer an Assise , and to be punished according to the Laws of the same ; and your Majesties Answer most humbly we beseech . These Supplications was presented by divers Gentlemen ; the Flatterers of the Court at first stormed , and asked who durst avow it ? To whom the Master , after Lord Lyndesay , answered , A thousand Gentlemen within Edinburgh : others were ashamed to oppose themselves thereto in publike ; but they suborned the Queen to give a gentle answer , untill such time as the Convention was dissolved ; and so she did : and then after in fair words , shee alleaged , That her Uncle was a Stranger , and that he had a young Company with him ; but she should put such order unto him , and unto all others , that hereafter they should have no occasion to complain : And so deluded she the just Petition of her Subjects : And no wonder , for how shall she punish in Scotland that vice , which in France she did see so free without punishment , and which Kings and Cardinalls commonly use , as the Mask and Dancing of Orleans can witnesse ; wherein virgins and mens wives were made common to King Harry , Charles the Cardinall , and to their Courtiers and Pages , as common women in Bordells are unto their Companions . The manner was thus : At the entry of King Henry of France in the Town of Orleans , the Matrons , Virgins , and mens wives were commanded to present themselves in the Kings Palace to dance : And they obeyed ; for commonly the French Nation is not very hard to be entreated to vanity . After Fidling and Flinging , and when the Cardinall of Loraine had espied his prey , he said to the King , Sire le premiere est a vous , & fault queje soy le second : that is , Sir , the first choyce is yours , and I must be the second . And so the King got the preeminence , that he had his first Election . But because Cardinalls are companions to Kings , the Cardinall had the next . And thereafter the Torches were put out , and every man commanded to provide for himself the best he might . What cry there was of husbands for their wives , and wives for their husbands , of ancient matrons for their daughters , of virgins for their friends , for some honest men to defend their pudicity , Orleance will remember more Kings dayes then one . This horrible villany , a fruit of the Cardinalls good Catholike Religion , we shortly touch , to let the world understand , what subjects may look for of such Magistrates ; for such Pastime to them is Jollity . It had been good for our Queene , that she had been brought up in better company , both for her credit , and for the course of her life : And it may be , that her excellent naturall enduements had been better employed for her reputation and happinesse , then they were to her great misfortune , and to the grief of those that wished her truely well . But punishment of that enormity , and fearfull attempt , we could get none . Yea , more and more they presumed to do violence , and frequented nightly Masking , and began to bear the matter very heavily . At length the Dukes friends began to assemble in the night time on the calsay or street . The Abbot of Kylwinning , who then was joyned to the Church , and so , as we understand , yet abideth , was principall man at the beginning . To him repaired many faithfull , and amongst others , came Andrew Stewart , Lord Uchiltrie , a man rather borne to make peace , then to brag upon the calsey , he demanded the quarrell : And being informed of the former enormity , said , Nay , such impiety shall not be suffered , so long as God shall assist us : The Victory that God hath in his owne mercy given us , we will by his grace maintaine . And so he commanded his son Andrew Stewart , then Master , and his servants , to put themselves in order , and to bring forth their spears and long weapons ; and so did others . The word came to the Earle Bothwell and his son , that the Hamiltons were upon the street : vows was made , that the Hamiltons should be driven , not onely out of the Town , but also out of the Countrey . Lord Iohn of Coldingham married the E. Bothwels sister ( a sufficient woman for such a man ) Alliance drew Lord Robert , and so they joyned with the E. Bothwell . But the stoutnes of the Marq. le Beuf ( d'Albuff they call him , is most to be commended ; for in his Chalmer in the Abbey , he start to an Halbert , and ten men were scarce able to hold him that night , and the danger was betwixt the Crosse and Tron ; and so he was a long quarter of a mile from the shot & sklenting of Bolts . The M. of Maxw . ( after L. Herreis gave declaratiō to the Earle Bothwell , That if he stirred forth of his Lodging , he , and all that assist him , should resist him in the face . Whose words did somewhat beat down that blast . The Earles of Murray and Huntley being in the Abbey , where the Marquesse was , came with their company sent from the Queen , to stay that tumult ; as they did , for Bothwell and his were commanded under pain of Treason , to keep their lodgings . It was whispered by many , That the Earle of Murray's displeasure was as much sought , as any hatred that the Hamiltons did bear against the Earle of Bothwell , or yet he against them . And in very deed , either had the Duke very false servants , or else by Huntley and the Hamiltons the Earle of Murray's death was oftener conspired then once ; the suspition whereof burst forth so far , that upon a day the said Earle being upon horse to have come to the Sermon , was charged by one of the Dukes own servants , to turn and abide with the Queen . The fame whereof spread over all : What ground it had , we cannot say ; but shortly after , the Duke , and some of the Lords , remained at Glasgow ; their conclusion was not known . The Earle of Arrane came to Edinburgh , where the Earle Bothwell lay . The Queen and the Court were departed to Fyfe , and remained sometimes in S. Androes , and sometimes in Falkland . The Earle Bothwell , by means of Iames Barron Burgesse , and then Merchant of Edinburgh , desired to speak with Iohn Knox secretly ; which the said Iohn gladly granted , and spake with him upon a night , first in the said Iames his lodging , and after in his own Study : The sum of all their conference and communication was ; The said Lord lamented his inordinate life ; and especially , That he was provoked by the enticements of the Queen Regent , to do that which he sore repented , as well against the Laird of Ormestoun , whose blood was spilt , albeit not by his faults : But his chief grief was , That he had misbehaved himself toward the Earle of Arrane , whose favour he was most willing to redeem , if possible it were that so he might : For ( said he ) if I might have my Lord Arranes favour , I would aye wait upon the Court with a Page and a few servants , to spare my expence ; where now I am compelled to keep for my own safety a number of wicked and unprofitable men , to the utter destruction of my state that is left . To which the said Iohn answered , My Lord , would to God that in me were Counsell and Judgement , that might comfort and relieve you ; for albeit that to this hour it hath not happened to me to speak with your Lordship face to face , yet have I born a good minde to your house ; and have been sorry at my heart of the trouble that I have heard you to be involved in ; for ( my Lord ) my great Grandfather , Grandfather , and Father , have served your Lordships Predecessors , and some of them have died under their standers ; and this is a part of the Obligation of our Scotish kindenesse : but this is not the chiefe ; But as God hath made me his publike Messenger of glad Tydings , so it is my earnest desire that all men may embrace it , which perfectly they cannot , so long as there remaineth in them rankor , malice , or envie : I am sorry that you have given occasion unto men to be offended with you : But more sorrowfull , That you have offended the Majesty of God ; wherefore he often punisheth the other sins of man : And therefore my counsell is , That you begin at God , with whom if you enter into perfect reconciliation , I doubt not but he shall bow the hearts of men to forget all offences . And as for me , if you will continue in godlinesse , your Lordship shall command me as boldly , as any that serves your Lordship . The said Lord desired him that he would trie the Earle of Arrans minde , If he would be content to accept him in his favour : Which he promised to do . And so earnestly he travelled in the matter ; and it was once brought to such an end , as all the faithfull praised God for such agreement : The greatest stay stood upon the satisfaction of the Laird of Ormestoune , ( who beside his former hurt , as is before declared , was even at that time of the coming , pursued by the said Earle Bothwell , and his son Master Alexander Cockburne was taken by him , and carried by him to Berwicke , but courteously enough sent back again . The new trouble so greatly displeased Iohn Knox , that he almost gave over further travelling for amity : But yet upon excuse of the said Earle , and upon declaration of his minde , he re-entred into labour , and so brought it to passe , that the Laird of Ormestoun referred his satisfaction in all things to the Judgement of the Earles of Arrane and Murray , to whom the said Earle submitted himselfe in that Head : And thereupon delivered his hand writing ; and so was conveyed by vertue of his friends , to the Lodging of the Church of Field , where the Earle of Arrane was with his friends , and the said Iohn Knox with him , to beare witnesse and testification of the end of the Agreement . As the Earle of Bothwell entred the Chamber , and would have done those Honours that friends had appointed , Master Gabriel Hamilton , Abbot of Kilwinning , and the Laird of Richardton , were the chief friends that communed , the said Earle of Arrane gently past unto him , embraced him , and said , If the hearts be upright , few Ceremonies will serve , and content me . The said Iohn Knox , in audience of them both , and of their friends , said , Now , my Lords , God hath brought you together by the labour of simple men , in respect of such as would have travelled therein : I know my labours are already taken in evill part ; but because I have the testimony of a good conscience before God , That whatsoever I have done , it is in his fear , for the profit of you both , for the hurt of none , and for the tranquility of this Realm : Seeing therefore that my conscience beareth witnesse to me what I have sought , and do continually seek , I the more patiently bear the misreports , and wrongfull judgements of men . And now I leave you in Peace , and desire you who are the friends , to study that Amity may encrease , all former hatred forget . The friends on either party embraced other ; and the two Earles departed to a window , and talked by themselves a reasonable space . And thereafter the Earle of Bothwell departed for that night , and upon the next day in the morning returned with some of his honest friends , and came to the Sermon with the said Earle , whereat many rejoyced . But God had another work to work , then the eyes of men could espie . The Thursday next they dined together ; and thereafter the said Earle Bothwell , and Master Gabriel Hamilton , rode to the Duke , who then was in Enmell : what communication was betwixt them , it is not certainly knowne ; but by the report which the said Earle of Arrane made to the Queen , and unto the Earle of Murray , by his writings , for upon the third day after their Reconciliation , the Sermon being ended , the said Earle of Arrane came to the house of the said Iohn Knox , and brought with him Master Richard Strange , and Alexander Guthrie , to whom he opened the grief of his minde before that Iohn Knox was called ; for he was busie , as commonly he used to be after his Sermon , in directing of writings : Which ended , the said Earle called the three together , and said , I am reasonably betrayed , and with these words began to weep . Iohn Knox demanded , My Lord , Who hath betrayed you ? One Iudas or other ( said he ) I know it is but my life that is sought ; I regard it not . The other said , My Lord , I understand no such dark manner of speech ; if I shall give you any answer , you must speak more plainly . Well ( said he ) I take you three to witnesse , That I open this unto you , and I write it unto the Queen : An act of Treason is laid to my Charge . The Earle Bothwell hath showne to me in Councell , That he shall take the Queen and put her in my hands , in the Castle of Dumbartane ; And that he shall slay the Earle of Murray , Lethinton , and others that now misguide her , and so shall he and I rule all . But I know this is devised to accuse me of Treason ; for I know he will informe the Queen of it : But I take you to witnesse , That I open it here unto you : And I will passe incontinent , and write to the Queens Majesty , and unto my Brother the Earle of Murray . Iohn Knox demanded , Did you consent ( my Lord ) to any part of that Treason ? He answered , No. Then ( said he ) in my judgement his words , although they were spoken , can never be Treason to you ; for the performance of the Fact depends upon your will , whereunto ye say ye have disassented ; and so shall that purpose vanish and die of it selfe , unlesse that you waken it ; For it is not to be supposed , That he will accuse you of that , which he himselfe hath devised , and whereunto you would not consent . Oh ( said he ) you understand not what craft is used against me : It is Treason to conceale Treason . My Lord ( said he ) Treason must import consent and determination , which I hear on neither of your parts : And therefore ( my Lord ) in my judgement , it will be more sure , and more Honourable unto you , to depend upon your your Innocency , and to abide the unjust accusation of any other ( if any follow thereof ) as I thinke there shall not ) then to accuse , especially after so late reconciliation . I know ( said he ) That he will offer the Combate unto me , but that would not be suffered in France : But I will do that which I have purposed . And so he departed , and took with him to his Lodging the said Master Alexander Guthrie , and Master Richard Strange , from whence was written and endited a Letter to the Queens Majestie , according to the former purpose : which Letter was directed with all diligence unto her Majesty , who then was in Falkland . The Earle himselfe rode after to Kinneill to his Father the Duke ; but how he was used , we have but the common bruit . But from thence he wrote a Letter with his owne hand in Cyphers to the Earle of Murry , complaining of his rigorous handling and entertainment by his owne father and friends . And assured further , That he feared his life , in case he got not sudden rescue . But thereupon he remained not , but broke the Chamber wherein he was put , and with great pain passed to Sterling , and from thence was conveyed to the Haly-yards , where he was kept till that the Earle of Murray came unto him , and conveyed him to the Queen , then being in Falkland , who then was sufficiently instructed in the whole matter ; and upon suspition conceived , had caused to apprehend Master Gawan Hamilton and the Earle Bothwell aforesaid , who knowing nothing of the former advertisements , came to Falkland , which augmented the former suspition . But yet the Letters of Iohn Knox made all things to be used more circumspectly , for he did plainly forewarne the Earle of Murray , that he espyed the Earle of Arran to be stricken with phrensie , and therefore willed not over great credit to be given unto his words and inventions . And as he advertised , so it came to passe forthwith in few dayes , his sicknesse increased , he talked of wondrous signes that he saw in heaven ; he alleaged that he was bewitched , he would have been in the Queens Bed , and affirmed that he was her husband ; and finally , in all things he behaved himself so foolishly , that his phrensie could not be hid . And yet were the Earl Bothwell and Master Gawan Abbot of Kilming kept in the Castle of Saint Andrews , and convent before the Councill with the Earl Arran , who ever stood firm , that the Earl of Bothwell proposed to him such things as he advertised the Queens Majestie of ; but stiffely denyed that his father , the said Abbot , or his friends knew any thing therof , either yet that they intended any violence against him ; but alleaged that he was inchanted , so to think and write . Whereat the Queen , highly offended , committed him to prison , with the other two , first in the Castle of Saint Andrews ; and thereafter caused them to be conveyed to the Castle of Edinburgh ; Iames Stewart of Cardonhall , called Captain Iames , was evill bruited for the rigorous entertainment that he shewed to the said Earle in his sicknesse , being appointed Keeper unto him . To consult upon these occasions the whole Counsell was assembled at Saint Andewes , the eighteenth of April 1562. years ; in which it was concluded , that in consideration of the former suspition , the Duke should render to the Queen the Castle of Dunbartan the custody thereof was granted unto him by appointment , till that lawfull succession should be seene of the Queens body : But Will prevailed against Reason and promise , and so was the Castle delivered to Captain Anstruther , as having power from the Queen and Councill to receive it . Things ordered in Fyfe , the Queen returned to Edinburgh , and then began mirth to grow hot , for her friends began to triumph in France : The certainty hereof came to the ears of Iohn Knox , for there were some that then told him from time to time the state of things , and amongst others he was assured , That the Queen had been merry , excessively dancing till after midnight , because that she had received Letters , that pacification was begun again in France , and that her Uncles were beginning to stirre their taile , and to trouble the whole Realme of France , upon occasion of this Text , And now understand O ye Kings , and be learned ye that judge the Earth ; he bagan to taxe the ignorance , the vanity and despite of Princes , against all vertue , and against all those in whom hatred of vice and love of vertue appeared ; the report hereof made unto the Queen , the said Iohn Knox was sent for , Master Alexander Cokburne , who before had been his Schollar , and was very familiar with him , was the messenger who gave him some knowledge , both of the report , and of the reporters . The Queen was in her Bed-Chamber , and with her ( besides the Ladies and common servants ) were the Lord Iames , the Earle Morton , Secretary Lethington , and some of the Guard that had made the report ; he was accused as one that had irreverently spoken of the Queene , and that travelled to bring her into hatred and contempt of the people ; and that he had exceeded the bounds of his Text ; and upon these three heads made the Queene a long Oration ; whereto the said Iohn answered as followeth , Madame , this is oftentimes the just recompence which God gives the stubborn of the world ; that because they will not hear God speaking to the comfort of the penitent , and for amendment of the wicked , they are oft compelled to hear the false report of others , to their great displeasure . I doubt not , but that it came to the Ears of Herod , that our Master Jesus Christ called him a Fox , but they told him not how odious a thing it was before God to murther an Innocent , as he had lately done before , causing to behead Iohn the Baptist to reward the dancing of an Harlots daughter : Madame , if the reporters of my words had been honest men , they would have reported my words and the circumstances of the same ; but because they would have credit in Court , and wanting vertue worthy thereof , they must have somewhat to please your Majestie , if it were but flatteries and lies : But such pleasure ( if any your Majestie take in such persons ) will returne to your everlasting displeasure ; for ( Madame ) if your own Ears had heard the whole matter that I treated , if there be in you any spark of the Spirit of God , yea , of honestie and wisedome , you would not justly have been offended with any thing that I spake . And because you have heard their report , please your Majesty to hear my self rehearse the same so near as memory will serve , ( it was even upon the next day after that the Sermon was made ; ) My Text ( said he ) Madame , was this , And now , O Kings , understand , be learned ye Iudges of the Earth : After ( Madame said he ) that I had declared the dignity of Kings and Rulers , the honour wherein God hath placed them , the obedience that is due unto them , being Gods Lieutenants , I demanded this question ; But oh ( alas ) what account shall the most part of Princes make before that Supreme Judge , whose Throne and Authoritie so manifestly and shamefully they abuse , the complaint of Solomon is this day most true , to wit , That violence , and oppression do occupie the Throne of God here in this Earth ; for whilest that murtherers , blood-thirsty men , oppressors and Malefactors dare be bold to present themselves before Kings and Princes , and that the poor Saints of God are banished and exiled , what shall we say , but that the Devill hath taken possession in the Throne of God , which ought to be fearfull to all wicked doers , and a refuge to the innocent , oppressed : and how can it otherwise be , for Princes will not understand , they will not be learned , as God commands them ; but Gods Law they despise , his Statutes and Holy Ordinances they will not understand , for in fidling and flinging they are more exercised than in reading or hearing Gods most blessed Word ; and Fidlers and Flatterers ( which commonly corrupt the Youth ) are more precious in their eyes then men of wisedome and gravitie , who by wholesome admonitions may beat down in them some part of that vanity and pride wherein we all are born , but in Princes take deep root and strength by evill education . And of dancing ( Madame ) I said , That albeit in Scriptures I found no praise of it , and in prophane Writers , that it is termed the gesture rather of those that are Mad , and in phrensie , then of sober men ; yet do I not utterly condemn it , providing that two vices be avoyded ; the former , That the principall Vocation of those that use that exercise , be not neglected for the pleasure of Dancing . Secondly , That they dance not as the Philistins their Fathers , for the pleasure that they take in the displeasure of Gods people ; for if they do these , or either of them , they shall receive the reward of Dancers , and that will be to drink in Hell , unlesse they speedily repent ; so shall God turne their mirth into sudden sorrow : For God will not alwayes afflict his people , neither will he alwayes wink at the Tyranny of Tyrants . If any ( Madame , said he ) will say that I spake more , let him publikely accuse me , for I think I have not onely touched the summe , but the very words as I spake them . Many that stood by did bear witnesse with him , that he had recited the very words that publikely he spake . The Queen looked about to some of the Reporters , and said , Your words are sharpe enough as you have spoken them , but yet they were told me in another manner ; I know ( said she ) that my Uncles and you are not of one Religion , and therefore I cannot blame you to have no good opinion of them ; but if you hear any thing of my self that mislikes you , come to my self and tell me , and I shall hear you . Madame ( quoth he ) I am assured , that your Uncles are enemies to God , and unto his Son Jesus Christ , and for maintenance of their own pompe and worldly glory , that they spare not to spill the blood of many Innocents ; and therefore I am assured , that these enterprises shall have no better successe than others have had , that before them have done as they doe now . But as to your own person , ( Madame ) I would be glad to doe all that I could to your Majesties contentment , providing that I exceed not the bounds of my Vocation : I am called ( Madame ) to a publike function within the Church of God , and appointed by God to rebuke the vices and sins of all ; I am not appointed to come to every man in particular to shew him his offence , for that labour were infinite ; if your Majestie pleaseth to frequent the publike Sermons , then I doubt not but that you shall fully understand both what I like and mislike , as well in your Majesty , as in all others : Or if your Majesty will assigne unto me a certaine day and houre when it will please you to hear the form and substance of Doctrine , which is proposed in publike to the Churches of this Realm , I will most gladly wait upon your Majesties pleasure , time and place ; but to come to wait upon your chamber door , or elswhere , and then to have no further liberty but to whisper my minde in your Majesties eare , or to tell you what others think and speak of you , neither will my conscience , nor the vocation whereto God hath called me , suffer it ; for albeit at your Majesties commandment I am here now , yet I cannot tell what other men will judge of me , that at this time of the day I am absent from my book , and waiting at the Court. You will not alwayes ( said she ) be at your Booke , and so turned her back ; And the said Iohn departed , with a reasonable merry countenance ; whereat some Papists offended , said , He is not afraid ; which heard by him , he answered , Why should the pleasant face of a Lady afray me : I have looked in the faces of many angry men , and yet have not been afraid above measure ; and so left he the Queen , and the Court for that time . In this mean time the negotiation was great betwixt the Queen of England and our Soveraigne , Letters , Curriours and Posts ran frequent , great bruit there was of the interviewe and meeting at Yorke , and some preparation was made therefore in both the Realmes ; but that failed upon the part of England , and that by occasion of the troubles moved in France , ( as was alleaged ; ) which caused the Queene of England , and the Councill attend upon the South parts of England , for avoyding of Inconveniences . This Summer there came an Embassadour from the King of Sweden , requiring marriage of our Soveraigne to his Master the King ; His entertainment was Honourable ; but his Petitions liked not our Queene one whit , for as yet she could not resolve to be Wife to the King of Sweden , having been lately Queen of France : And yet she refused not one much inferiour to a Soveraigne King. The Earle of Lennox and his Wife were committed to the Tower of London , for traffiquing with Papists ; the young Laird of Barre was a stickler in that businesse , and was apprehended with some Letters , which was the cause of his and their trouble . The Earle of Murray made a private journey to Hawicke upon the Fayre day thereof , and apprehended fifty Theeves , of which number were seventeen drowned , others were executed in I●dburgh , the principall were brought to Edinburgh , and there suffered , according to their merits upon the Burrow Mure. The Queene was no whit content of the prosperitie and good successe that God gave to the Earle of Murray in all his enterprises , for she hated his upright dealing , and the Image of God that evidently did appear in him ; but at that time she could not well have been served without him . The assembly of the Church at Midsommer the four and twentieth day of Iune , 1562. approached , in the which were many notable heads handled concerning good Order to be kept in the Church , and for the Papists , and for the Idolatry of the Queen which troubleth the former good order ; Some Ministers , such as Master Iohn Sharpe , had left their charges , and entered into other Vocations , more profitable for the belly , against whom were Acts made , although this day they have not put them in execution . The tenour of the Supplication , read in open audience , and approved by the whole Assembly , to be presented to the Queens Majesty , was this : To the Queens Majesty , and her most honorable Privy Councell . The Superintendents and Ministers of the Evangell of Christ Iesus within this Realme , together with the Commissioners of the whole Churches , desire Grace and Peace , from the Father of our Lord Iesus Christ , with the Spirit of righteous Iudgement . HAving in minde that the fearfull sentence pronounced against the Watch-men that see the Sword of Gods punishment approach , and do not in plain words forewarn the people , yea , the Princes and Rulers , that they repent , we cannot but signifie unto your Highnesse , and to your Councell , That the state of this Realme is such for this present , that unlesse redresse and remedy be shortly provided , Gods hands cannot long spare in his anger , to strike the Head and the Tayle ; the inobedient Prince , and sinfull People : For as God is unchangeable and true , so must he punish , in these our dayes the grievous sins which before , we reade , he hath punished in all Ages , after that he hath long called for repentance , and none is showne . And that your Majesty and Councell may understand what are the things we desire to be reformed , we will begin at that which we know assuredly to be the Fountain and Spring of all other evils that now abound in this Realme : To wit : That Idoll and base service of God , the Masse , the fountain , we call , of all Impiety , not onely because many take boldnesse to sin , by reason of that opinion which they have conceived of that Idoll , to wit , That by vertue of it they get remission of their sins ; But also because that under this colour of the Masse , are Whores , Adulterers , Drunkards , Blasphemers of God , of his holy Sacraments , and such other manifest Malefactors , maintained and defended : For let any Masse-sayer , or earnest maintainer thereof be deprehended in any of the fore-named crimes , no execution can be had ; for all is done in hatred of his Religion : And so are wicked men permitted to live wickedly , cloked and defended by that wicked Idoll . But supposing that the Masse was occasion of no such evils , yet in it self it is so odious in Gods presence , that we cannot cease with all instance to desire the removing of the same , as well from your selfe , as from all others within this Realm ; Taking Heaven and earth , yea , your own Consciences to record , That the obstinate maintenance of that Idol , shall in the end be to you , destruction of soul and body , if you do not repent . If your Majesty demand , Why that now we are more earnest , then we have been heretofore ? We answer ( our former silence no wayes excused ) Because we finde our selves frustrate of our hope and expectation ; which was , That in processe of time your Majesties heart should have been mollified , so farre , as ye would have heard the publike Doctrine taught within this Realme ; by the which , our further hope was , That Gods holy Spirit should so have moved your heart , that you would have suffered your Religion ( which before God is nothing but abomination and vanity ) to be tryed by the true Touch-stone , the written Word of God ; And that your Majesty finding it to have no ground nor foundation in the same , should have given that glory unto God : that you would have preferred his Truth to your own preconceived vain opinion , of what antiquity that ever it hath been , whereof we in part now discharged , can no longer keep silence , unlesse we would make our selves criminall before God of your blood , perishing in your own iniquity ; for we plainly admonish you of the danger to come . The second thing that we require , is , Punishment of horrible vices , such as are Adultery , Fornication , open Whoredome , Blasphemy , Contempt of God , of his Word and Sacraments ; Which in this Realme do even so abound , that sin is reputed to be no sin . And therefore , as we see the present signes of Gods wrath now manifestly appear , so do we forewarn , that he will strike ere it be long , if his Law without punishment be permitted thus manifestly to be contemned . If any object , That punishment cannot be commanded to be executed without a Parliament ; we answer , That the Eternall God in his Parliament , hath pronounced death to be the punishment of Adultery , and for Blaspheming : whose Act if we put not in execution ( seeing that Kings are but his Lievtenants , having no power to give life , where he commands death ) as that he will repute you , and all others that foster vice , patrons of Impiety , so will he not fail to punish you , for neglecting the execution of his judgements . Our third request concerning the poor , who be of three sorts : The poor labourers of the ground , the poor desolate Beggers , Orphans , Widows and Strangers , and the poor Ministers of Christ Jesus his holy Evangel ; which are so cruelly used by this last pretended Order taken for sustentation of Ministers , that their latter misery farre surmounteth the former ; for now the poore labourers of the ground are so oppressed by the cruelty of those that pay their hire , that they for the most part encroach upon the poore , in whatsoever they pay unto the Q●een , or to any other . As for the very indigent and poor , to whom God commands a sustentation to be provided of the Tenths , they are so despised , that it is a wonder that Sun giveth heat and light to the earth , where Gods Name is so frequently called upon , and no mercy ( according to his Commandment ) showne to his Creatures . And also for the Ministers , their Livings are so appointed , that the most part shall live but a Beggers life : And all cometh of that impiety , that the idle bellies of Christs enemies , must be fed in their former delicacy . We dare not conceal from your Majestie , and honours our conscience , which is this , That neither by the Law of God , neither yet by any just Law of man , is due unto them , who now most cruelly do exact of the poor and rich , the two parts of their Benefices , as they call them . And therefore we most humbly require , That some other Order may be taken with them , that they be not set up againe to empire above the people of God ; for we fear that such usurpation of their former state , will be neither in the end pleasant to themselves , nor profitable to them that would place them in that Tyranny . If any think that a competent Living is to be assigned to them , we repugne not , provided that the Labourers of the ground be not oppressed , the poor be not utterly neglected , and the Ministers of the Word so hardly used , as now they are . And finally , That those idle bellies , who by Law can crave nothing , shall confesse , that they receive their sustentation and maintenance , not of debt , but of benevolence . Our humble request is therefore , That in every Parish some part of the Tythes may be assigned to the sustentation and maintenance of the poor within the same : And likewise that some publike relief may be provided for the poor within Burroughs , that Collectors may be appointed to gather ; And that strict Accounts may be taken , as well for their Recepts , as of the disbursements . The further consideration to be had of our Ministers , we in some part remit to your wisedoms , and to their particular complaints . Our fourth Petition is for the Mause-Yards and Gleebs justly appertaining to the Ministers , without the which it is impossible unto them quietly to serve their Charges ; and therefore we desire that order be taken without delay . Our fifth concerns the disobedience of certain wicked persons , who not onely trouble , and have troubled Ministers in their Functions , but also disobey the Superintendents in their Visitation : wherefore we humbly crave remedy ; which we doubt , not so much for the feare that we and our Ministers have of the Papists , but for the love that we bear to the common tranquility . For this we cannot hide from your Majesty and Councell , That if the Papists thinke to triumph where they may , and to do what they list , where there is not a party able to resist them : that some will thinke , That the godly must begin where they left , who heretofore have borne all rhings patiently , in hope that the Lawes should have bridled the wicked ; whereof if they be frustrate ( albeit that nothing is more odious to them then Tumults , and domestick Discord ) yet will men attempt the uttermost , before that in their owne eyes they behold the house of God demolished , which with travell and danger God hath within this Realm erected by them . Sixthly , we desire , That such as receive release of their Thirds , be compelled to sustain the Ministers within their Bounds , or else we forewarne your Majesty and Councell , that we feare , That the people shall retain the whole in their hands , untill such time as their Ministers be sufficiently provided . Seventhly , we desire the Churches to be repayred , according to an Act set forth by the Lords of the Secret Councell , before your Majesties Arrivall into this Countrey : That J●dges be appointed to heare the causes of Divorcement ; for the Church can no longer sustain the burden , especially , because there is no punishment for the offenders : That sayers and hearers of Masses , prophaners of the Sacraments ; such as have entred into Benefices by the Popes Bulls , and such other transgressors of the Law made at your Majesties Arrivall within this Realme , may be severely punished ; for else men will think there is no truth meant in making of such Laws . Eighthly , We most humbly desire of your Majesty and your honourable Councell , a resolute answer to every one of these Heads afore-written , that the same being known , we may somewhat satisfie such as be grievously offended at manifest iniquity now maintained at , oppression , under pretext of Law , done against the poore , and at the rebellious disobedience of many wicked persons , against Gods Word , and holy Ordinance . God the Father of our Lord Jesus Christ , so rule your hearts , and direct your Majesty and Councels judgements by the judgement and illumination of his holy Spirit , that you may answer so , as your offences may be absolved in the presence of that righteous Judge , the Lord Jesus ; and then we doubt not but your selves shall finde felicity , and this poor Realme , that hath long been oppressed by wicked men , shall enjoy tranquility and rest , with the true knowledge of God. These things read in publike Assembly as aforesaid , were approved of all : And some wished that more sharpnesse had been used , because that the time so repuired . But the Minions of the Court , and Secretary Lethington above others , could not abide such hard spoken words ; for whoever shall write ( said he ) to a Prince , That God would strike the head and the tayle ; That if Papists do what they list , men would begin where they left : But above all others , that was most offensive That the Queen was accused , as that she would raise up Papists and Papistry again ; To put that in the people heads , was no lesse then Treason : yea , Oathes was made , That she never meaned such thing . To whom it was answered , That the Prophet Isaiah used such manner of speaking ; And it was no doubt but that he was acquainted in the Court , for it was supposed that he was of the Kings Stock : but howsoever it was , his words make manifest that he spake to the Court , and to the Courtiers , to Judges , Ladies , Princes and Priests ; and yet , saith he , The Lord shall cut away the head and the tayle , &c. And so said the first writer , I finde that such phrase was once used before us : And if this offend you , that we say , Men must begin where they left , in case the Papists do as they do , we would desire you to teach us , not so much how we shall speak , but rather what we shall do , when our Ministers are stricken , our Superintendents disobeyed , and a plain Rebellion decreed against all good Orders . Complain , said Lethington . To whom ? said the other . To the Queen , said he . How long shall we do so ? quoth the other . Till that you get remedy , said the Justice Clerke : Give me their names , and I shall give you Letters . If the Sheep , said one , shall complain to the Wolfe , That the Wolfs whelps have devoured their Lambs , the Complainer may stand in danger , but the offender we fear , shall have leave to hunt after his prey . Such Comparisons ( said Lethington ) are very unsavoury ; for I am assured , That the Queen will not erect nor maintaine Papistry . Let your assurance ( said the other ) serve your selfe , but it cannot assure us ; for her manifest proceedings speaketh the contrary . After such cautious reasoning on both sides , the pluralitie concluded , That the supplication as it was conceived , should be presented , unlesse that the Secretary would make one more fit to the present necessitie ; he promised to keep the substance of ours , but he would use other termes , and aske things in a more gentle manner . The first Writer answered , That he served the Churches at their commandment , and was content , That in his ditement , men should use the libertie that best pleased them ; providing , That he were not compelled to subscribe to the flattery of such , as more regarded the persons of men , then the simple truth of God : And so was this former supplication given to be reformed , as Lethingtons wisedome thought best . And in very deed , he framed it so , That when it was delivered by the Superintendents of Lothain and Fyfe . And when the Queen had read somewhat of it , she said , Here are many faire words , I cannot tell what the hearts are ; And so for our painted Oratory we were termed by the next name , Flatterers and dissemblers ; but for that Session , the Church received no other answer . Short after the Convention of the Church , chanced that unhappy persuite which Iohn Gordon , Laird of Finlater , made upon the Lord Ogilvie , who was evill hurt , and was for a long time mitilate ; The occasion was for certain Lands , and Rights , which old Finlater had resigned to the Lord , which he was pursuing by Law , and was in appearance to obtain his purpose ; whereat , the said Iohn , and his servants were offended , and therefore made the said pursuite , upon a Saterday , at night , betwixt nine and ten . The friends of the said Lord , were either not with him , or else not willing to fight that night , for they took stroakes , but gave few that left markes . The said Iohn was taken and put in the Tolbuith , where he ramained certain dayes , and then broke the Prison : Some judged , at his Fathers commandment ; for he was making preparation for the Queens coming to the North , as we will after heare . The enterview and meeting of the two Queens delayed till the next yeer . Our Soveraign took purpose to visite the North , and departed from Sterlin in the moneth of August ; whether there was any paction and confederacy betwixt the Papists of the South , and the Earle of Huntly and his Papists in the North ( or to speak more plainly ) betwixt the Queen her Self , and Huntly : We cannot certainly affirme , But the suspitions were wondrous vehement , that there was no good will borne to the Earle of Murray , nor yet to such as depended upon him , at that time . The History we shall faithfully declare , and so leave the judgement free to the Readers . That Iohn Gordon broke the Prison , we have already heard , who immediately repaired to his Father George , Earle of Huntly ; and understanding the Queens coming , made great provision in Strabogie , and in other parts , as it were to receive the Queen . At Aberdeine , the Queen and Court , remained certaine dayes to deliberate upon the Affaires of the Countrey , where some began to smell , that the Earle of Huntly was privately gathering men , as hereafter shall be declared . Whilest things was so working in the North , the Earle of Bothwell broke his prison , and came forth of the Castle of Edinburgh the eight and twentieth day of August ; some say he broke the Stancheours of the Window ; others whispered , that he got easie passage by the gates : one thing is certain , to wit , The Queen was little offended at his escaping . There passed with him a servant of the Captains , named Iames Porterfield . The said Earle shewed himself not very much afraid , for his common residence was in Louthain . The Bishop of Saint Andrews and Abbot of Crosrainell kept secret convention that same time in Paislay , to whom resorted divers Papists ; yea , the said Bishop spake to the Duke , unto whom also came the Lord Gordon from the Earle of Huntly , requiring him to stirre his hands in the South , as he should do in the North , and so it should not be Knox crying and preaching that should stay that purpose : The Bishop , be he never so close , could not altogether hide his minde , but at his own Table said , The Queen is gone into the North , belike to seek disobedience , she may perchance finde the thing she seeks . It was constantly affirmed , That the Earle Bothwell and the said Lord Gordon spake together , but of their purpose we heard no mention . That same year , and in that same instant time , were appointed Commissioners by the Generall Assembly , to Carrick and Cunningham ; Master George Hay , who with great profit preached the space of a moneth in all the Churches of Carrick . To Kyle and to the parts of Galloway was appointed Iohn Knox , who besides the doctrine of the Evangell , shewne to the common people , forewarned some of the Nobilitie and Barrows , of the dangers that he feared , and that were appearing shortly to follow ; and exhorted them to put themselves in such order , as that they might be able to serve the authoritie , and yet not to suffer the enemies of Gods truth to have the upper hand : Whereupon a great part of the Barons and Gentlemen of Kyle , Cunningham and Carrick , professing the true doctrine of the Evangell , assembled at Ayre ; and after the exhortation made , and conference had , subscribed this Bond , the Tenour whereof followeth : WE whose Names are under-written , do promise in the presence of God , and in the presence of his Son , our Lord Iesus Christ , that we and every one of us , shall and will maintain the preaching of his holy Evangell , now of his mercy offered and granted unto this Realm ; and also will maintaine the Ministers of the same against all persons , power and authoritie that will oppose themselves to the Doctrine proposed , and by us received : And further , with the same solemnitie , we protest and promise , that every one of us shall assist another , yea , and the whole Body of the Protestants within this Realme , in all lawfull and just occasions , against all persons ; So that whosoever shall hurt , molest or trouble any of our bodies , shall be reputed enemies to the whole , except that the offender will be content to submit himself to the Government of the Church now established amongst us : and this we do , as we desire to be accepted and favoured of the Lord Iesus , and accepted worthy of credit and honesty in the presence of the godly . At the Burgh of Aire the fourth day of September , in the year of God , 1552. Subscribed by all these with their hands , as followeth : The Earle Glencairne , Lord Boyde , Lord Uchiltrie and Failfurd , Mathew Cambell of Lowdoune Knight , Allaine Lord Cathcart , Caprington elder and younger , Cuninghameheid , Rowallan , Waterston , Craigie , Lefnoreis , Achinharvy , Middleton , Master Michael Wallace Provest of Ayr , with fourty more of the honestest Burgesses of that Towne . The Master of Boyd , Graitgirth , Barr , Carnell , Dreghorne , Hested , Skeldon , Wolston , Carsland , Fergnshill , Polquhairne , Stair , Barkskyning , Kinganelech , with a hundred more Gentle men of worth ; Iohn Dumbar of Blantyre , Carleton and his brother , Halrig Cers , Kirckmichael , Dalyaroich , Crosclayes , Horsclench , Carbiston , Kelwood , Tarmganoich , &c. THese things done at Ayr , the said Iohn passed to Nithsdaill , and Galloway , where , in conference with the Master of Maxwell , a man of great judgement and experience ; he communicated with him such things as he feared , who by his motion wrote to the Earle of Bothwell to behave himself as it became a faithfull Subject , and to keep good quietnesse in the places committed to his charge , and that his crime of breaking the Ward would be the more easily pardoned . Iohn Knox wrote unto the Duke , and earnest-exhorted him neither to give ear to the Bishop his Bastard brother , no● yet to the perswasions of the Earle of Huntly ; for if he did , he assured him , that he and his house should come to a sudden ruine . By which meanes was the South parts kept in reasonable quietnesse during the time that the troubles were a brewing in the North ; and yet the Bishop and the Abbot of Cosraynell did what in them lay to have raised some trouble ; for , besides the fearfull bruits that they spearced abroad , sometime that the Queen was taken , sometimes that the Earle of Murray and all his were slain , and sometimes that the Queen had given her self to the Earle of Huntly ; besides such bruits the Bishop to break the Countrey of Kyle , where quietnesse then was greatest , raised the Crawfords , against the Reides , for the payment of the Bishops Paschfynes ; but that was pacified by the labor of indifferent men , who favoured peace . The Abbot of Cosrainell required disputation of Iohn Knox for maintenance of the Masse , which was granted unto him ; and the dispute held in Mayboll three dayes : The Abbot had the advantage that he required , to wit , he took in hand to prove , That Melchisedec offered Bread and Wine unto God ; which was the ground that the Masse was built upon to be a Sacrifice , &c. But in the work of three dayes there could no proofe be produced for Melchizedecks Oblation ; as in the disputation , ( which was afterwards Printed ) clearly may appeare . The Papists looked for a revolt , and therefore they would have some brag of reasoning ; the Abbot further presented himself to the Pulpit , but the voyce of Master George Hay so affrayed him , that after once he was wearied o● that exercise . After that the Queene was somewhat satisfied of hunting , and other pastimes , she came to Aberdein , where the Earle of Huntly met her , and his Ladies , with no small Train , who remained in Court , and was supposed to have the greatest credite , departed with the Queen to Buchan , met her againe at Rothemay , looking that shee should have passed with him to Strabogy ; but in the journey certain word came to her , that Iohn Gordon had broken promise in not re-entring in ward ; for his Father the Earle had promised , that he should enter againe within the Castle of Sterlin , and there abide the Queens pleasure ; but whether with his Fathers knowledge and consent , or without the same , we know not ; but he refused to enter : which so offended the Queen , that she would not go to Strabogy , but passed thorow Straithla to Innernesse , where the Castle thereof was denyed unto her ; the Captaine was commanded to keep it , and looked for relief ; for so had Iohn Gordon promised ; but being thereof frustrate , the Castle was rendred , and the Captain called ; Gordon was executed upon the place , the rest were condemned , and the hands of some bound , but escaped . This was the beginning of further trouble , for the Earle of Huntly thereat offended , began to assemble his Folkes , and spared not to speak that he would be revenged ; But alwayes his Wife bare a faire countenance to the Queen ; and it is verily supposed , that no other harme then the Queen her self could easily have stood content with , was meaned unto her own person . But the whole matter lay upon the Earle of Murray , Secretary Lethington and the Laird of Pittaro ; yet the Queene began to be afraid , and by Proclamation , caused to warn Sterling Shire , Fyfe , Anguis , Mernes , and Stratherne , charging all substantiall men to be in Aberdein the fifth day of October , there to remaine the space of twenty dayes ; In her return from Innernesse she required the Castle of Finlater , which was likewise denyed , and so was Anchndowne ; which more angred the Queen . The Earle of Huntly was charged to cause deliver the said house , under the pain of Treason ; to shew some obedience , he caused the Keyes of both to be presented by his servant Master Thomas Keir ; But before had the Queen sent young Captaine Stewart , son to Iames , ( who to this day hath neither been stout , happy , nor true ) with sixscore to lye about the places of Finlater . They lodged in Culan , not farre distant from the said place . But upon a night Iohn Gordon came with a company of Horsemen , took the Captain , slew certain of the Souldiers , and disarmed the rest . This fact done ( as the Queen alleaged ) under trust , so inflamed her , that all hope of reconciliation was past ; and so the Earl of Huntly was charged under the pain of putting him to the Horn , to present himselfe , and the said Iohn before the Queen and Councill within six dayes ; which charge he disobeyed , and so was denounced Rebell : Whether it was Law or not , we dispute little thereof ; but it was a preparative to others , that after were served with the like measure : he was sought at his Place of Stragobie , but escaped . The evil encreased , for the Earle assembled his fellowes out of all parts of the North : He marched forwards towards Aberdiene , and upon the two and twentieth of October , 1562. came to the Lough of Skeine . His Army was judged to be seven or eight hundred men . The Queens Army , both in number and man-hood , far surmounting his , and yet he took no fear ; for he was assured of the most part of them which were with the Queen ; as the issue did witnesse : Within the Town they stood in great fear , and therefore it was concluded , That they would assayle the uttermost upon the fields . The Forbesses , Hayes , and Lesleyes took the Vant-guard , and promised to fight with the said Earle , without any other help . They passed forth of the Towne before ten hours in the morning ; they put themselves in aray , but they approached not the enemy , till that the Earle of Murray and his Company were come to the fields , and that was after two after noon ; for he was appointed with his Company , onely to have beholded the Battell : but all things turned otherwise then the most part of men supposed . The Earle of Huntley was the night before determined to have retired himselfe and his Company : But that morning he could not be wakened , before it was ten hours ; and when he was upon his feet , his spirits failed him , by reason of his corpulency , so that rightly , a long time he could do nothing : Some of his friends fearing the danger , left him . When that he looked upon both the Companies , he said , This great Company that approacheth neerest to us , will do us no harme , they are our friends : I onely feare that small Company that stands on the hill side , they are our enemies : But we are enough for them , if God be with us . And when he had thus spoken , he fell upon his knees , and made his Prayer in this form : O Lord , I have been a blood-thirstie man , and by my means hath much innocent blood been spilt : But wilt thou give me Victory this day , and I shall serve thee all the dayes of my life . Note and observe , good Reader , he confesseth that he hath beene a blood-thirsty man ; and that he had been the cause of the shedding of much innocent blood ; but yet would he have had Victory : And what was that else , but to have had power to have shedded more , and then would he have satisfied God for altogether ; wherein is expressed the nature of hypocrites , which never fear nor love God further then present danger or profit perswadeth . But to our History . The Lesleyes , Hayes , and Forbisses , espying the Earle of Murray and his to have lighted upon their feet , and made forward against the Earle of Huntley and his , who stood in Correthieburne ( some call it Farabanke ) But ere they approached nigh , by the space of the shot of an Arrow , they cast from them their Spears and long Weapons , and fled directly in the face of the Earle of Murray and his Company : The danger espied , the Laird of Pittarrow ( a man both stout , and of a ready wit ) with the Master , after Lord Lyndsey , and Tutor of Pitcur , said , Let us cast down Spears to the foremost , and let them not come in amongst us ; for there is no doubt but this flying is but Treachery : And so they did , so that they that fled of Huntley seeing the Vaunt-guard flie , said unto his Company , Our friends are honest men , they have kept promise ; Let us now encounter the rest . And so he and his , as sure of Victory , marched forward . The Secretary in few words , made a vehement Oration ; and they willed every man to call upon his God , to remember his duty , and not to fear the multitude : And in the end concluded thus : O Lord , thou that rulest the heaven and the earth , look upon thy servants , whose blood this day is most unjustly sought , and to mans judgement , are sold and betrayed , our refuge is now unto thee , and our hope is in thee : Iudge thou , O Lord , betwixt us and the Earle of Huntlie , and the rest of our enemies : If ever we have justly sought his or their destruction and blood , let us fall on the sword . And , O Lord , if thou knowest our innocency , maintain thou and preserve us , for thy great mercies sake . Shortly after the speaking of these and the like words , the former Rank rejoyced ; for Huntlies Company made great haste : They were repulsed by the Master of Lyndsay ; and the Companies of Fyfe and Angus , some of them that had fled , returned , and followed the Earle of Murray , but gave no stroke , till that Huntlies Company gave back . In the Front there was slain eighteen or four and twenty men ; and in the flying there fell 100. There were taken 100. and the rest were spared : The Earl himselfe was taken alive ; his two sons , Iohn aforesaid , and Adam Gordon , were taken with him . The Earle , immediately after his taking , departed this life , without any wound , or yet appearance of any stroke , whereof death might have ensued : And so , because it was late , he was cast overthwart or upon a payre of Creilles , and so was carried to Aberdeine , and was laid in the Tolbuith thereof , that that which his wives Witches had given , might be fulfilled ; who all affirmed ( as the most part say ) That same night he should be in the Towne of Aberdeine , without any wound upon his body . When his Lady got knowledge thereof , she blamed her principall Witch , called Iannett ; but she stoutly defended her selfe ( as the devill can do ) and affirmed , That she gave a true answer , albeit she spake not all the truth ; for she knew that he should be there dead , but that could not profit my Lady . She was angry and sorry for a season : But the devill , the Masse , and Witches , have all great credit with her this day , the twelfth of Iune , 1566. as they had seven yeers agoe . The Earle of Murray sent a Message unto the Queen , of the marvellous Victory ; and humbly prayed her to shew that obedience to God , as publikely to convene with them , to give thanks unto God for his notable deliverance . She glomed and frowned both at the Message , and at the Request , and scarcely would give a good word , or blythe and merry countenance to any that she knew earnest favourers of the Earle of Murray , whose prosperity was , and yet is a very venome to her boldned heart : For many dayes she bare no better countenance ; whereby it might have been easily espied , That she rejoyced not greatly of the successe of that matter ; And albeit she caused to execute Iohn Gordon , and divers others , yet it was the destruction of others that she sought . Upon the morrow after the discomfiture , the Lady Forbesse , a woman both wise , and fearing God , came , amongst many others , to visite the Corps of the said Earle ; and seeing him lie upon the cold stones , having onely upon him a Doublet of Canvas , a payre of Scotch gray Hose , and him covered with an Arras work . She said , What stability shall we judge to be in this world ? There lieth he that yesterday in the morning was esteemed the wisest , the richest , and man of greatest power that was within Scotland . And in very deed she lyed not ; for in mans opinion , under a Prince , there was not such a one these three hundred yeers in this Realme produced : But felicity and worldly wisedom so blinded him , that in the end he perished in them , as shall all those that despight God , and trust in themselves . Iohn Gordon , at his death , confessed many horrible things , devised by his father , by his brother , and by himself . There were Letters found in the Earles pocket , that disclosed the Treason of the Earle of Sutherland , and of divers others . Master Thomas Keir , who before was the whole Councellor of the said Earle , disclosed whatsoever he understood might hurt the Gordons and their friends , and so Treason plainly disclosed ; which was , That the Earle of Murray should have been murthered in Stragobie ; the Queen should have been taken , and kept at the devotion of the said Earle of Huntley . These things , we say , revealed , the Queen left the North , and came to Dundie , Saint Iohnston , Sterlin , and then to Edinburgh : The Earle of Huntleys body was carryed about in a Boat , and laid without Buriall in the Abbey of Halyrud-house , till the day of his Forefaltor , as after shall be declared . The Duke apprehended the Lord Gordon his son in Law , because that the Queen had straitly commanded him so to do , if that he repaired within his bounds . Before that he delivered him , the Earle of Murray laboured at the Queens hands for the safety of his life , which hardly was granted ; and so was he delivered within the Castle of Edinburgh , the eight and twentieth day of November . 1562. where he remained till the eighth day of February ; when he was put to an Assise , accused and convinced of Treason ; but was restored againe ; first , to the Castle aforesaid , and thereafter was transported to Dumbar , where he remained prisoner till the moneth of August , in the yeer of God 1565. as we will after hear . In the mean time the troubles were hot in France , and the intelligence and outward familiarity betwixt the two Queens was great ; Lethington was directed with large Commission , both to the Queene of England , and to the Guisians . The Marriage of our Queen was in all mens mouthes ; some would have the Infant of Spaine , some the Emperours Brother , some Duke Denemours , and some truely guessed at the Lord Darley . What Lethingtons Credit was , we know not ; but shortly after there began much to be talked of the Earle of Lenox , and of his son the Lord Darley . It was said that Lethington spake to the Lady Margaret Dowglas ; And that Robert Melvill received a horse to the Secretaries use from the Earle of Lenox , or from his wife . Howsoever it was , Master Fouller servant to the said Earle , came with Letters to the Queene , by which , License was permitted to the Earle of Lenox to come to Scotland , to travell in his lawfull businesse . That same day the Queens License was granted , the Secretary said , This day I have taken upon me the deadly hatred of all the Hamiltons within Scotland , and have done unto them no lesse displeasure , then if I had cut their throats . The Earle Bothwell , who before had broken Ward , fearing apprehension or taking , prepared to passe to France ; but by storm of Weather was driven into England , where he was stayed , and was offered to have been rendred by the Queen of England : But our Queens answer was , That he was no Rebell , and therefore she requested that he should have liberty to passe whither he pleased . And thereto Lethington helped not a little , for he travelled to have friends in every faction of the Court. And so obtained the said Earle Lincense to passe to France . The Winter after the death of the Earle of Huntley , the Court remained for the most part at Edinburgh . The Preachers were wondrous vehement in reprehension of all manner of Vice , which then began to abound ; and especially Avarice , Oppression of the poore , Excesse , Ryotous Cheer , Banquetting , immoderate Dancing , and Whoredome , that thereof ensues . Whereat the Courtiers began to storme and to pick quarrells against the Preachers , alleadging that all their Preaching was turned to Rayling ; whereunto one of them gave answer as followeth ; It comes to our eares that we are called Raylers , whereof albeit we wonder , yet we are not ashamed , seeing that the most worthy servants of God that before us have travelled in this Vocation , have so been stiled : But unto you do I say , That the same God , who from the beginning hath punished the Contempt of his Word , and hath poured forth his Vengeance upon such proud mockers , shall not spare you ; yea , he shall not spare you before the eyes of this same wicked Generation , for the pleasure whereof ye despise all wholesome Admonitions : Have you not seen greater then any of you sitting where presently ye sit , pick his nayles , and pull down his Bonnet over his eyes , when Idolatry , Witchcraft , Murther , Oppression , and such Vices , were rebuked : Was not this his common talke ? When these Knaves have rayled their fill , then will they hold their peace : Have ye not heard it affirmed to his owne face , That God should revenge that his Blasphemie , even in the eyes of such as were witnesse to his iniquity . Then was the Earle of Huntley accused by you , as the maintainer of Idolatry , and onely hinderer of all good Orders ; him hath God punished , even according to the threatnings that his and your ears heard , and by your hands hath God executed his Judgements : But what amendment can be espied in you ? Idolatry was never in greater quiet , Vertue and vertuous men were never in more contempt ; Vice was never more bold , nor punishment lesse feared . And yet who guides the Queene and Court ; who but the Protestants . O horrible slanderers of God , and of his holy Evangell ; Better it were unto you , plainely to renounce Christ Jesus , then thus to expose his blessed Evangell to Mockage : if God punisheth not you , That this same age shall see and behold your punishment , the spirit of righteous judgement guides me not . This vehemency provoked the hatred , not onely of the Courtiers , but also of divers others against the Speaker , which was Iohn Knox ; for such as be in credit , never lack flatterers . Their Brethren of the Court were irreverendly handled . What was that , but to raise the hearts of the people against them ; They did what they could . Such speaking would cause them to do lesse . And this was the fruit that the Preachers gathered of their just reprehensions ; The generall Assembly of the Church held on the 25 of December , 1562. approached . In the which , great complaints were made ; That Churches lacked Ministers ; That Ministers lacked their Stipends ; That wicked men were permitted to be Schoole-Masters ; and so to infect the youth amongst them , whom one Master Robert Cunning Schoole-master in Aberbrothoke , was complained upon by the Laird of Dun , and sentence pronounced against him . It was further complained , That Idolatry was erected in divers parts of the Realm : For redresse hereof , some thought best , That a new supplication should be presented to the Queen ; others demanded , what answer was received of the former . The superintendent of Lowthian confessed the delivery of it ; but ( said he ) I received no answer . It was answered for the part of the Queene , ( for her supposts were ever there ) that it was well known to the whole Realm , what troubles had occurred since the last Assembly ; and therefore , That they should not wonder , albeit that the Queen had not answered , but betwixt that and the Parliament , which was appointed to be in May , they doubted not but such order should be taken , as all men should have occasion to stand content . This satisfied for that time the whole Assembly . And this was the practice of the Queene , and of her Councell , with faire words to drive time , as before we have said . The Assembly notwithstanding proceeded forward in establishing of such orders , as whereby vice might be punished , and vertue might be maintained , And because there was a great slander risen upon Paul Meffane of whom mention is made in the second Booke of the Historie , Commissions and charge was given unto Iohn Knox , Minister of Edinburgh , and unto certain of the Elders of the Church of Edinburgh , to passe to the Town of Iedwart , where the slander was raised , and to be found there , the third of Ianuary next , was the tryall to be taken of the slander raised , and to hear the Articles and complaint of the said Paul : and after the tryall , to report the truth to the Session of the Church of Edinburgh ; To whom with the assistance of the superintendent of Lowthian Commission was given to discerne therein . The tryall and examination of that crime was difficile , the slander was universall in that Towne and Country ; the servant woman of the said Paul , had betwixt that and Christmas left his House , she had borne a child , no father to it could she finde , but alleaged her self to have been suppressed late in an Evening ; the said Paul constantly affirmed himself innocent , and would have given his publike purgation ; but because his Accusators had taken on them to prove ther accusation that was denyed , many witnesses were produced , of whom some deposed so clearly , that the Commissioners suspected , that they had been suborned , and therefore they required to have inspection of the places , where some said they saw , and some said they heard them in the very act of iniquitie . The sight and consideration of the place augmented greatly the suspition ; but one thing was most suspitious of all other , for the Wife of the sad Paul ( an ancient Matron ) was absent from him the space of eight or nine weeks in Dundie ; which time ( or at least a great part thereof ) they suspected , and he lay nightly in one house without other company then a Childe of seven or eight yeers of age . The Judges , notwithstanding these suspitions , having a good opinion of the honestie and godlinesse of the man , travelled what they could ( conscience not hurt ) to purge him of the slander : But God , who would not that such a Villanie should be cloaked and concealed within his Kirk , otherwayes had decreed , for he brought the brother of the guilty woman to the Towne , having no minde of such matters , who being produced by the Accusators , as one that was privy to the fact ; and knew the veritie of all circumstances ; this witnesse , we say , ( which could not be suspected ) being produced , made the matter so plain and clear , that all suspition was removed ; for he it was that conveyde the woman away , he it was that caused the Childe to be baptised , alleaging it to be his own ; he it was that carried frequent message betwixt them , and from Paul carryed money and clothes divers times : How soon that ever the said Paul saw that man produced , as Witnesse , he withdrew himselfe and left the Town , by that means plainly taking upon him the Crime ; And so the Commissioners with full information , returned to Dundie , and notified the same unto the Kirke , who caused publikely to summon the said Paul to hear the sentence pronounced ; who not appearing in the end , for his odious Crime and contumacy , was publikely excommunicated , and was deprived of all functions within the Kirke of Scotland , and so left the Realme . For two causes we insert this horrible fact , and the order kept in punishing of the same ; the former to forewarn such as travell in that Vocation , that according to the admonition of the Apostle , Such as stand , take heed lest they fall . No man in the beginning of the Evangell , was judged more fervent and more upright ; and yet we have heard how far Sathan has prevailed against him ; God grant that we may hear of his repentance ; neither yet should this fall do any thing to prejudice the Authoritie of the Doctrine which he taught , for the Doctrine of God hath its authority of no creature , but hath the assurance of God himselfe , how weak or imperfect soever the Instruments be by whom it pleaseth God to publish the same . The treason of Iudas , the Adultery of David , and abnegation of Peter did derogate nothing from the glory of Christs Evangell , nor yet the Doctrine which before they had taught ; but declared the one to be a Reprobate , and the other to be Instruments in whom mercy must surmount judgement . The other cause is , that the World may see what difference there is betwixt the uprightnesse of the Kirke of God , and the corruption that reignes in the Synagogue of Sathan , the Papisticall rabble ; for how many of that sort hath been , and still remaine openly knowne Whoremongers , Adulterers , Violators of Virgines , yea , and committers of such abominations as we will not name ; and yet are they called and permitted to be Bishops , Archbishops , Cardinalls and Popes themselves : For what sinnes can unable the sworne servants of Symonie , and of their Father the Devill ? For bragg what they list of Christ , of Peter , and of Paul , their lives and conversation bear witnesse to whom they belong . But we return to our History of things done in Court. Amongst the Menizoons of the Court , there was one named Monsieur Chattelet , a Frenchman , that at that time passed all others in credit with the Queene : In dancing of the purpose , so terme they that dance , in the which man and woman talketh secretly , wise men would judge such fashions not agreeable to the gravity of honest women . In this dance the Queen choose Chattelet , and Chattelet took the Queen , for he had the best dresse . All this winter Chattelet was so familiar with the Queen , that the Nobilitie being by this means stopped to have so free accesse as they thought fit and due unto them , were highly offended ; at length Chattelet having conveyed himselfe privately under the Queens Bed , but being espied , was commanded away : The Bruit arising , the Queene called the Earle of Murray , and bursting in a womanly affection , charged him , that as he loved her , he should slay Chatelet , and let him never speak word . The other at the first made promise so to doe ; but after calling to minde the judgement of GOD pronounced against the shedders of innocent blood , and also that none should die without the testimonie of two or three witnesses , returned , and fell upon his knees before the Queen , and said , Madame , I beseech your Majestie cause not me to take the blood of this man upon me ; Your Majestie hath used him so familiarlie before , that you have offended all your Nobilitie ; and now if he shall be secretly slain at your owne commandment , what shall the world judge of it ? I shall bring him to the presence of Justice , and let him suffer by Law according to his deserving . Oh , said the Queene , you shall not let him speake . I shall doe ( said he ) Madame , what in me lyeth , to give your Majestie content . Poor Chattelet was brought back from Kingorne to Saint Andrews , examined , put to an Assize , and so beheaded the two and twentieth day of February , Anno Dom. 1562. He begged license to write to France the cause of his death ; which said he , in his Tongue was Pour estre trouve en lien trop suspect ; that is , Because I was found in a place too much suspected . At the place of Execution , when he saw that there was no remedie , but death , he made a godly confession , and granted , that his declining from the truth of God , and following of vanitie and impietie , was justly repayed unto him : But in the end he concluded , looking unto the Heavens , with these words , O cruelle Dame ! What that complaint imported I leave it to conjecture ; and so received Chattelet the reward of his dancing , for he lost his Head , that his Tongue should not utter the secrets of our Queen ; deliver us , O Lord from the rage of so inordinate a Court. The year of God , 1563. there was a universall death in all Scotland , but in the North , where ( the Harvest before ) the Queene had been , there was a great Famine , of which may died in that Countrey . the dearth was great over all , but the Famine in the Wheat , the Beare or Barley , the Meale , the Oates , Beefe , Mutton , &c , were exceeding dear and scant ; yea , all things appertaining to the sustentation of man , in triple , and more exceeded , their accustomed prices . And so did God according to the threatning of the Law punish the Idolatry of our wicked Rulers , and our ingratitude that suffered them to defile the Land with that abomination again , that God so potently had purged by the power of his Word ; for the riotous Feasting and excessive Banquetting used in City and Countrey , wheresoever that the prophane Court repaired , provoked God to strike the Staffe of Bread , and to give his maledictions upon the fruits of the earth . But alas , who looked , or yet looks to the true cause of our Calamitie ? Lethington was absent ( as before we have heard ) in the Queens affairs ; the Papists at that Pasch. Ann. 1563. in divers parts of the Realm , had erected that Idoll the Masse , amongst whom the Bish. of S. Andrews , the Prior of Quihithorn , with divers others of that faction would avow it . Besides the first Proclamation , there had Letters past in the contrary with certification of death to the contraveiner . The Brethren universally offended , and espying that the Queene by Proclamation did but delude them , determined to put to their own hands , and to punish for example of others ; and so some Priests in the West-Land were apprehended ; Intimation made unto others , as to the Abbot of Cosragnell , the Parson of Sangohar , and such , that they should neither complaine to the Queene nor Counsell , but should execute the punishment that God has appointed to Idolaters in his Law , by such means as they might , where ever they should be apprehended . The Queen stormed at such freedom of speaking , but she could not amend it , for the Spirit of God , of boldnesse , and of wisdome had not left the most part of such as God had made Instruments in the beginning , they were of one minde to maintaine the truth , and to suppresse Idolatry , particularities had not divided them ; and therefore could not the Devill working in the Court , and in Papists , do then what they would ; and therefore the Court began to invent a new craft ; The Queen advised , to send for Iohn Knox to come to her where she lay , at Lochlevin ; She dealt with him earnestly two houres before supper , that he would be the Instrument to perswade the people , and principally the Gentlemen of the West , not to put hand to punish any man for the using of themselves in their religions as pleased them . The other perceiving her craft willed her Majestie to punish Malefactors according to the Laws , and he durst promise quietnesse upon the par● of all them that professed the Lord Jesus within Scotland ; But if her Majestie thought to delude the Laws , he said , he feared some would let the Papists understand , that without punishment they should no be suffered so manifestly to offend Gods Majestie . Will ye ( quoth she ) allow that they shall take my Sword in their hand . The Sword of Justice ( quoth he ) Madame , is Gods , and is given to Princes and Rulers for one end : which if they transgresse , sparing the wicked , and oppressing the Innocents . They that in the fear of God execute Judgement where God hath commanded , offend not God , although Kings do it not ; neither yet sin they that bridle Kings to strike innocent men in their rage : The examples are evident ; for Samuel spared not to slay Agag , the fat and delicate King of Amelek , whom King Saul had saved : Neither spared Elias , Iezabels false Prophets , and Baals Priests , albeit that King Achab was present : Phineas was no Magistrate , and yet feared he not to strike Zimri and Cozbi , in the very act of filthy Fornication . And so , Madame , your Majesty may see that others then chief Magistrates may lawfully punish , and have punished the vice and crimes that God commands to be punished : For Power by Act of Parliament is given to all Judges within their own bounds , to search the Masse-mongers , or hearers of the same , and to punish them according to the Law. And therefore it shall be profitable to your Majesty to consider what is the thing your Majesties subjects look to receive of your Majesty ; and what it is you ought to do unto them by mutuall Contract . They are bound to obey you ; and that not , but in God ye are bound to keep Laws unto them : Ye crave of them service , They crave of you Protection and Defence against wicked doers . Now , Madame , if ye shall deny your Duty unto them , who especially crave that ye punish Malefactors ; Think ye to receive full Obedience of them ? I fear , Madame , ye shall not . Herewith she being somewhat offended , past to her Supper . The said Iohn left her , and informed the Earle of Murray of the whole reasoning , and so departed , of finall purpose to have returned to Edinburgh , without any further communication with the Queen : But before the Sun rising on the morne were two directed ( Wat Melvill was the one ) to him , commanding him not to depart , whilst he had spoken with the Queens Majesty ; which he did , and met her at the Hawking by West Kinros . Whether it was the nights sleepe , or a deep dissimulation locked in her brest , that made her to forget the former anger , wise men may doubt ; But thereof she never moved word , but began divers other purposes , such as the offering of a Ring to her by the Lord Ruthuen , whom ( said she ) I cannot love ( for I know him to use Enchantment ; and yet he is one of my Privy Councell . Whom blameth your Majesty ( said the other ) thereof ? Lethington ( said she ) was the whole cause . That man is absent for this present ( said he ) Madame , and therefore I will speak nothing in that behalfe . I understand ( said the Queen ) That ye are appointed to go to Dumfreis , for the Election of a Superintendent to be established in those Countreyes . Yes ( said he ) those Quarters have great need , and some of the Gentlemen so require . But I heare ( said she ) That the Bishop of Caithnes would be Superintendent . He is one ( said the other ) Madame , that is put in Election . If ye knew him ( said she ) as well as I do , ye would never promote him to that Office , nor yet to any other within your Kirk . What he hath been ( said he ) Madame , I never knew , nor yet will I enquire ; for in time of darknesse , What could we do but g●ope and go wrong , even as darknesse carryed us ; but if he feare not GOD now , he deceives many more then me : And yet said he , Madame , I am assured , GOD will not suffer his CHURCH to be so farre deceived , As that an unworthy man shall be Elected , where free Election is , and the Spirit of GOD is earnestly called upon , to decide betwixt the two : Well said she , do as ye will , But that man is a dangerous man , and therein was not the Queen deceived ; For he had corrupted the most part of the Gentlemen , not onely to nominate him , but also to Elect him , which perceived by the said Iohn , Commissioner , delayed the Election , and left it with the Master of Maxwell , Master Robert Pont , who was put in Election ( with the foresaid Bishop ) to the end that his Doctrine and Conversation might be the better tryed of these that had not known him before ; and so was this Bishop frustrate of his purpose for that present ; and yet was he at that time the man that was most familiar with the said Iohn in his house , and at Table . But now to the former conference , When the Queen had long talked with Iohn Knox , and he being oft willing to take his leave , she said , I have one of the greatest matters that have touched me since I came in this Realm , to open unto you , and I must have your help into it . And she began to make a long discourse of her Sister , the Lady Argile , how that she was not so circumspect in all things , as she wished her to be ; and yet said she , my Lord , her husband whom I love , useth her not in many things so honestly , and so godlily , as I thinke ye your self would require : Madam said he , I have been troubled with that matter before , and once I put an end to it ( and that was before your Majesties arrivall ) that both she and her friends , seemed fully to stand content ; and she her self promised before her friends , That she would never complain to any Creature , till that I should first understand the controversie by her own mouth , or else by one assured Messenger : I now have heard nothing of her part ; and therefore , I think there is nothing but concord : Well said the Queen , it is worse then ye beleeve ; but do this much for my sake , as once again to put them at Unitie ; and if she behave not her self , so as she ought to do , she shall finde no favour of me ; but in any wise said she , let my Lord know , That I have requested you in this matter ; For I would be very sorry to offend him in that , or in any other thing . And now said she , as touching our reasoning yesternight , I promise to do as ye required . I shall cause to summon all offenders , and yee shall know that I shall minister Justice . I am assured then said he , That ye shall please God , and enjoy rest and tranquilitie within your Realm , which to your Majesty is more profitable , then all the Popes power can be . And thus they departed . This Conference we have inserted , to let the World see how deeply Mary Queen of Scotland , can dissemble ; and how that she could cause men to thinke , That she bare no indignation for any controversie in Religion , which that yet in her heart was nothing but venome , and destruction , as shortly after did appeare . Iohn Knox departed , and prepared himself for his journey , appointed to Dunfreis . And from Glasgow , according to the Queens Commandment ; he wrote this Letter to the Earle of Argyle , the Tenour whereof follows . My Lord , THe Lord cometh , and shall not tarry . After commendation of my service unto your Lordship : If I had known of your Lordships sudden departing , the last time it chanced me to see and speak with you , I had opened unto you some of my grief : But supposing that your Lordship should have remained still with the Queen , I delayed at that time to utter any part of that which now my conscience compelleth me to do . Your behaviour towards your wife is very offensive unto many godly : Her complaint is grievous , That ye altogether withdraw your conversation from her : If so , ye have great need to look well to your own state ; for albeit that ye within your self felt no more repugnancie then any flesh this day on the earth , yet by promise made before God , are ye debtour unto her in all due benevolence . But if that ye burne on the one side , ( albeit ye do no worse ) and she in your default on the other , ye are not onely men sworn before God , but also doth what in you lieth , to kindle against your self his wrath and heavie displeasure . The words are sharp , and God is witnesse in dolour of heart I write them : But because they are true , and pronounced by God himself , I dare not but admonish you , perceiving you , as it were sleeping in sin . The proud stubbornnesse whereof your Lordship oft complained , will nothing excuse you before God ; for if ye be not able to convince her of any fault , ye ought to bear with her imperfections , as that ye would she should bear with you likewise . In the bowells of Christ Jesus , I exhort you , my Lord , to have respect of your own salvation , and not to abuse the lenity and long-suffering of God ; for that is a fearfull treasure that ye heap up upon your own head , while that he calleth you to repentance , and ye obstinately continue in your own impiety ; for impiety it is , that ye abstract your comfort and company from your lawfull wife . I write nothing in defence of her misbehaviour towards your Lordship in any sort ; but I say , If ye be not able to convince her of any fault committed since your last reconciliation , which was in my presence , that ye can never be excused before God , of this rude and strange usage of your wife . And if by you such impiety be committed as is bruted , then , before God , and unto your owne conscience , I say , That every moment of that filthy pleasure , shall turne to you , in a yeers displeasure ; yea , it shall be the occasion and cause of everlasting damnation , unlesse speedily ye repent : and repent ye cannot , except ye desist from that impiety . Call to minde , my Lord , That the servant knowing his masters will , and doing the contrary , shall be plagued with many plagues . Sin , my Lord , is sweet in drinking ; but in digesting , more bitter then the gall . The Eternall move your heart earnestly to consider how fearfull a thing it is , ever to have God to be enemy . In the end , I pray your Lordship not to be absent from Edinburgh , the 19 of this instant , for such causes as I will not write . Thus much onely I warne your Lordship , that it will not be profitable for the common quietnesse of this Realme , that the Papists brag , and Justice be mocked that day . And thus I cease further to trouble your Lordship , whom God assist . In haste from Glasgow , the 7 of May , 1563. Your Lordships to command in godlinesse , Sic subscribitur , JOHN KNOX . THis Letter was not well accepted of the said Earle , and yet did he utter no part of his displeasure in publike , but contrarily shewed himself most familiar with the said Iohn Knox : He kept the Diet , and sate in Judgement himself , where the Bishop , and the rest of the Papists , were accused as after follows . The Summons were directed against the Masse-mongers with expedition , and in the straitest forme : The day was appointed , the 19 of May , a day onely before the Parliament of Popes Knights appeared . The Bishop of Saint Androes , the Prior of Quinthorne , the Parson of Sanguhair , William Hamilton of Camskeneth , Iohn Gordon of Barskuch , with divers others . The Protestants convened whole , to crave for Justice . The Queen asked counsell of the Bishop of Rosse , and of the old Laird of Lethington ( for the younger was absent , and so the Protestants had fewer friends ) who affirmed , That she must see her Laws kept , or else she would get no obedience : and so was preparations made for their accusations . The Bishop , and his band of the exempted sort , made nice to enter before the Earle of Argyle , who sate in Judgement ; but at last he was compelled to enter within the Barre . A merry man , who now sleeps with the Lord , Robert Horwell , instead of the Bishops Crosse , bore before him a Steel Hammer : Whereat the Bishop and his Band were not a little offended , because the Bishops priviledges were not then currant in Scotland ( which day God grant our posterity may see of longer continuance then we possessed it . ) The Bishop and his fellows , after much ado , and long drift of time , came in the Queens will , and were committed to Ward , some to one place , and some to another . The Lady Arskine got the Bishops for her part . All this was done of a most deep craft , to abuse the simplicity of the Protestants , that they should not presse the Queen with any other thing concerning the matters of Religion . At that Parliament , which began within two dayes thereafter , she obtained of the Protestants whatsoever she desired ; for this was the reason of many , We see what the Queen hath done , the like of this was never heard within this Realme ; we will bear with the Queen , we doubt not but all shall be well . Others were of contrary judgement , and forespake things , as after they came to passe ; to wit , That nothing was meant but deceit ; and that the Queen , how soon that ever the Parliament was past , should set the Papists at freedome : And therefore willed the Nobility not to be abused . But because many had their private businesse to be handled at that Parliament , the common Cause was the lesse regarded . The Earle of Huntley , whose Corps had been unburied till the time it was brought to the Tolbuith ; he was accused his Arms rent off ; himself , the Earle of Sutherland , and eleven Barons , and Earles , bearing the surname of Gordon , were that day forfeited ; the Lady Huntley craftily protested and asked the support of a man of Law , or Counsellor . Such stinking pride of women , as was seen at that Parliament , was never seen before in Scotland . Three sundry dayes the Queen rode to the Tolbuith ; The first day she made a painted Oration , and there might have been heard amongst her flatteries , Vox Dianae , The voyce of a goddesse , for it could not be Dei , and not of a Woman : God save that sweet face ; Was there ever Orator spake so properly and so sweetly , &c. All things misliked the Preachers ; They spake boldly against the superfluities of their Cloathes , and against the rest of their vanitie , which they affirmed should provoke Gods vengeance , not onely against these foolish Women , but against the whole Realme ; and especially against those that maintained them in that odious abusing of things that might have been better bestowed . Articles were presented for orders to be taken for Apparrell , and for Reformation of other Enormities , but all was winked at . The Earledome of Murray , needed confirmation , and many things were to be ratified that concerned the helpe of friends and servants ; and therefore they might not urge the Queene , For if they so did , she would hold no Parliament ; and what then should become of them that had medled with the slaughter of the Earle of Huntley , let that Parliament passe over ; and when the Queene shall aske any thing of the Nobilitie , as she must do before her marriage ; then shall Religion be the first thing that shall be established . It was answered , That the Poets and Painters erred not altogether , that fained and painted Occasion with a bald Hind-head : For the first , when it is offered , being lost , is hard to be recovered againe . The matter fell so hot betwixt the Earl of Murray , and some others of the Court , and Iohn Knox , That familiarly after that time , they spake not together more then a yeer and a half ; For the said Iohn by his Letter , gave a discharge to the said Earle of all further intromission or care with his affaires . He made unto him a discourse of their first acquaintance , in what estate he was , when that first they spake together in London , how God had promoted him , and that above mans judgement , and in the end made this conclusion : But seeing that I perceive my self frustrate of my expectation , which was , That ye should ever have preferred God to your own affection , and the advancement of his Truth , to your owne commoditie , I commit you to your wit , and to the conducting of those which can better please you . I praise my God , I leave you this day victor of your enemies , promoted to great honour , and in credite and authority with your Soveraigne . If so yee long to continue , none shall be more glad then I shall be . But that after this , ye decay , ( as I feare ye shall ) then call to minde , by what means God exalted you ; which was neither by plying with impiety ; neither yet by maintaining of pestilent Papists . This Letter and discharge was so pleasing to the Flatterers of the said Earle , that they triumphed of it , and were glad to have gotten their occasion ; for some envyed , that so great familiaritie was betwixt them ; and therefore from the time they got once that occasion to separate , they ceased not to cast Oyle in the burning Flame , which ceased not to burne , till that God by water of affliction began to slacken it , as we shall after heare . But least that they should altogether have been seen to have forsaken God , ( as in very deed , both God and his Word was vey farre from the hearts of the most part of the Courtiers of that Age , a few excepted ) they began a new Schift , to wit , To speak of the punishment of Adultery , of Witchcraft , and to seek the restitution of Gleibes or Manses to the Minister of the Church , and of the reparation of the Churches ; and thereby they thought to have pleased the Godly that were highly offended at their slacknesse . The Act of Oblivion passed , because some of the Lords had entresse ; but the Acts against adulterie , and for the Manses and Gleibes , were so modified , that no Law , and such a Law might stand in eodem predicamento ; To speak plain , no Law and such Acts were both alike : The Acts are in Print , let wise men read , and then accuse us , if without cause we complain . In the progresse of this corruption , and before the Parliament dissolved , Iohn Knox in his Sermon before the most part of the Nobilitie , began to enter in a deep discourse of Gods mercies which that Realme had felt , and of that ingratitude which he espied in the whole multitude which God had marvellously delivered from the bondage and tyrannie both of body and soule : And now my Lords , ( said he ) I praise my God , through Jesus Christ , that in your own presence I may powre forth the sorrows of my heart ; yea , your selves shall be witnesse if I make any lie in things by-past from the beginning of Gods mighty Works within this Realme : I have been with you in your most desperate temptations . Aske your own Consciences , and let them answer you before God , if that I ( not I , but Gods Spirit by me ) in your greatest extremity willed you not ever to depend upon your God , and in his Name promised unto you victory and preservation from your enemies , so that onely ye would depend upon his protection , and preferre his glory before your lives and worldly commoditie ; in your most extreme danger I have been with you ; Saint Iohnstou● Cowper-More , and the charges of Edinburgh , are yet recent in my heart ; yea , that dark and dolorous night wherein all you my Lords with shame and feare left this Town , is yet in my minde , and God forbid that ever I forget it : What was ( I say ) my Exhortation unto you ? and what is fallen in vain of all that ever God promised unto you by my mouth , ye your selves live and testifie . There is not one of you against whom death and destruction was threatned , perished in that danger ; and how many of your enemies hath God plagued before your eyes ; shall this be the thankfulnesse that ye shall render unto your God ? To betray his Cause when ye have it in your own hands , to establish it as you please ? The Queen sayes you will not agree with us ; aske ye of her that which by Gods Word ye may justly require , and if she will not agree with you in God , you are not bound to agree with them in the Devill ; Let her plainly understand so farre of your mindes , and steal not from your former stoutnesse in God , and he will prosper you in your enterprises : But I can see nothing but a recalling from Christ Jesus , that the man that first and most speedily fleeth from Christs Ensigne , holdeth himselfe most happy ; yea , I hear some say , That we have nothing of our Religion Established , neither by Law nor Parliament ; Albeit the malicious words of such can neither hurt the truth of God , nor yet us that thereupon depend ; yet the speaker of this Treason , committed against God , and against this poore Common-wealth , deserves the Gallows ; for our Religion being commanded , and so established by God , is received with this Realme in publike Parliament . And if they will say , That it was no Parliament , we must , and will say , and also prove , That that Parliament was also as lawfull as ever any that passed before it within this Realme . I say , if the King then living was King , and the Queen now in this Realm be lawfull Queen , that Parliament cannot be denyed . And now my Lords to put end to all , I hear of the Queens marriage , Dukes , Brethren to Emperours , and Kings strive all for the best gain ; But this my Lords will ( I say ) note the day , and beare witnesse after , Whensoever the Nobilitie of Scotland who professe the Lord Jesus , consents that an Infidell ( and all Papists are Infidels ) shall be Head to our Soveraigne , ye do , so farre as in you lyeth , to banish Christ Jesus from this Realme , yea , to bring Gods vengeance upon the Countrey , a plague upon your selves , and perchance you shall do small comfort to your Soveraigne . These words and this manner of speaking was judged intollerable , Papists and Protestants were both offended ; yea , his most familiars disdained him for that speaking , Placeboes and Flatterers posted to the Court , to give advertisement , That Iohn Knox had spoken against the Queens Marriage . The Provest of Glencludan , Douglas by sirname , of Drumlangrig , was the man that gave the charge , That the said Iohn should present himselfe before the Queen , which he did immediately after Dinner . The Lord Uchiltrie and divers of the faithfull bare him company to the Abbey , but none past in to the Queen with him in the Cabinet , but Iohn Arskin of Dun then super-intendent of Angus and Mernes . The Queen in a vehement fume began to crie out , That never Prince was used as she was ; I have ( said she ) born with you in all your rigorous manner of speaking , both against my selfe , and against my Uncles ; yea , I have sought your favours by all possible means ; I offered unto you presence and audience whensoever it pleased you to admonish me ; and yet I cannot be quit of you ; I Vow to God I shall be once revenged : and with these words scarce could Marnocke , one of her Pages , get Handkirchiefs to hold her Eyes drie , for the Tears and the howling , besides womanly weeping stayed her Speech . The said Iohn did patiently abide all this fume , and at opportunitie answered ; True it is Madame , your Majesty and I have been at divers controversies , into the which I never perceived your Majestie to be offended at me ; but when it shall please God to deliver you from that bondage of darknesse and errour , wherein ye have been nourished for the lack of true doctrine ; your Majestie will finde the libertie of my tongue nothing offensive ; without the preaching-place ( Madame ) I thinke few have occasion to be offended at me ; and there ( Madame ) I am not Master of my selfe , but must obey him who commands me to speak plaine , and to flatter no flesh upon the face of the Earth . But what have you to do ( said she ) with my marriage ? If it please your Majestie ( said he ) patiently to hear me , I shall shew the truth in plaine words . I grant your Majestie offered unto me more then ever I required , but my answer was then as it is now , That God hath not sent me to awaite upon the Courts of Princes , or upon the Chamber of Ladies , but I am sent to preach the Evangell of Jesus Christ , to such as please to hear ; it hath two points , Repentance and Faith : Now ( Madame ) in preaching repentance , of necessity it is that the sinnes of men be noted , that they may know wherein they offend . But so it is that the most part of your Nobilitie , are so addicted to your affections , that neither Gods Word , nor yet their Common-wealth are rightly regarded ; and therefore it becometh me to speake , that they may know their dutie . What have you to do ( said she ) with my marriage , or what are you within the Common-wealth ? A subject , borne within the same , ( said hee ) Madame ; and albeit I be neither Earle , Lord , nor Barron within it , yet hath God made me , ( how abject that ever I be in your eyes ) a profitable and usefull Member within the same ; Yea , Madame , to me it appertaineth no lesse to forewarne of such things as may hurt it , if I foresee them , then it doth to any one of the Nobility ; for both my Vocation and Office craveth plainnesse of me : and therefore ( Madame ) to your selfe I say , that which I spake in publick , Whensoever the Nobilitie of this Realme shall be content , and consent that you be subject to an unlawfull husband , they doe as much as in them lieth , to renounce Christ , to banish the truth , to betray the freedome of this Realme , and perchance shall in the end doe small comfort to your selfe . At these words howling was heard , and teares might have beene seene in greater abundance then the matter required : Iohn Arskin of Dun , a man of meeke and gentle spirit , stood beside , and did what he could to mittigate the anger , and gave unto her many pleasant words , Of her Bounty , of her Excellencie , and how that all the Princes in Europe would be glad to seek her favours ; but all that was to cast Oyl into the flaming fire . The said Iohn stood still , without any alteration of countenance for a long time , while that the Queen gave place to her in ordinate passions ; and in the end he said , Madame , in Gods presence I speak , I never delighted in the weeping of any of Gods Creatures , yea , I can scarcely well abide the teares of mine own Boyes , when my own hands corrects them ; much lesse can I rejoyce in your Majesties weeping ; but seeing I have offered unto you no just occasion to be offended , but have spoken the truth , as my Vocation craves of me : I must sustaine your Majesties teares , rather then I dare hurt my conscience , or betray the Common-wealth by silence . Herewith was the Queene more offended , and commanded the said Iohn to passe forth of the Cabinet , and to abide further of her pleasure in the Chamber . The Laird of Dun tarried , and Lord Iohn of Coldinghame came into the Cabinet ▪ and so they remained with her neere the space of one houre . The said Iohn stood in the Chamber , as one whom men had never seene ( so were all afraid ) except that the Lord Uchiltrie bare him company ; And therefore began he to make discourse with the Ladies who were there sitting in all their gorgeous apparell : Which when he espied , he merrily said , Fair Ladies , How pleasant were this life of yours , if it should ever abide ; and then in the end that we might passe to Heaven with this geare : But fie upon that knave , Death , that will come whether we will or not ; and when he hath laid on the Arrest , then foule wormes will be busie with this flesh , be it never so faire and so tender . And the silly soule , I fear , shall be so feeble , that it can neither carry with it Gold , Garnishing , Targating , Pearle , nor precious Stones . And by such and the like discourse entertained he the Ladies , and past the time , till that the Laird of Dun willed him to depart to his house , till new advertisement . The Queen would have had the sentiment of the Lords of the Articles , if that such manner of speaking deserved not punishment . But shee was counselled to desist ; And so that storme quieted in appearance , but never in the heart . Short after the Parliament , Lethington returned from his Negotiation in England and France . GOD in the February before had stricken that bloodie Tyrant the Duke of Guise ; which somewhat brake the heat of our Queene for a season : But short after the returning of Lethington , Pride and Malice began to shew themselves againe . The Queene set at liberty the Bishop of Saint Andrewes , and the rest of the Papists that before were put in prison for violating of the Laws . Lethington at his returning , shewed himselfe not a little offended that any brute should have beene raised of the Queenes Marriage with the King of Spaine ; for he took upon him to affirme , That any such thing had never entered into her heart : But how true that was , we shall hereafter heare . The end of his acquaintance and complaint was , To discredit Iohn Knox , who had affirmed , That such a Marriage was both proposed , and upon the part of the Queen , by the Cardinall accepted . Lethington in his absence had run into a very evil brute among the Nobility , for too much serving the Queens affections against the Common-wealth : And therefore had he , as one that lacked not worldly wisedome , made provision both in England and Scotland ; for in England he travelled for the Freedome of the Earle Bothwell , and by that means obtained promise of his favour : He had there also taken order for the home coming of the Earle of Lenox , as we shall after hear . In Scotland he joyned with the Earle of Atholl ; him he promoted , and set forward in Court ; and so began the Earle of Murray to be defaced : And yet to the said Earle , Lethington at all times shewed a fair countenance . The rest of that Summer , the Queen spent in her Progresse thorow the West Countrey , where in all Towns and Gentlemens places , she had her Masse ; which coming to the ears of Iohn Knox , he began that forme of prayer which ordinarily he saith after thanks-giving at his Table : ( 1. ) Deliver us , O Lord , from the bondage of Idolatry . ( 2. ) Preserve and keep us from the tyranny of strangers . ( 3. ) Continue us in Peace and Concord amongst our selves , if they good pleasure be , O Lord , for a season . Whilst that divers of the familiars of the said Iohn asked of him , Why he prayed for quietnesse to continue for a season , and not rather absolutely , that we should continue in quietnesse : His answer was , That he durst not pray , but in faith ; and faith in Gods Word assured him , That constant quietnesse would not continue in that Realme , wherein Idolatry had been suppressed , and then was permitted to be erected againe . From the West Countrey , the Queen past into Argyle to the Hunting , and after returned to Sterlin . The Earle of Murray , the Lord Robert of Halyrud-house , and Lord Iohn of Coldingham , past to the Northlands , where Justice Courts were holden . Theeves and Murtherers were punished : Two Witches were burnt ; the eldest was so blinded with the devill , that she affirmed , That no Judge had power over her . The same time Lord Iohn of Coldingham departed this life in Innernes : It was affirmed , That he commanded such as were beside him to say to the Queen , That unlesse she left her Idolatry , God would not fail to plague her : He asked God mercy that he had so far born with her in her impiety , and had maintained her in the same ; and that no one thing did him more grief , then that he had flattered , fostered , and maintained in her fury against God and his servants . And in very deed , great cause had he to have lamented his wickednesse : For besides all his other infirmities , he in the end , for the Queens pleasure , became enemy to vertue , and all vertuous men , and a patron to impiety , to the uttermost of his power ; yea , his venome was so kindled against God and his Word , that in his rage he bursted forth these words ; Do I see the Queens Majesty so troubled with the railing of these knaves ? I shall leave the best of them sticked in the Pulpit . What further villany came forth of his stinking throat and mouth , modesty will not suffer us to write : whereof if he had grace unfainedly to repent , it is no small document of Gods mercies : But however God wrought with him , the Queen regarded his words as winde , or else thought them to have been forged by others , and not to have proceeded from himself ; and affirmed plainly , They were invented by the Laird of Pittarrow , and Master Iohn Wood , both whom she hated , because they flattered her not in her dancing , and other things . One thing in plain words she spoke . That God took alwayes from her those persons in whom she had greatest pleasure ; and that she repented . But of farther sins no mention . Whilst the Queen lay at Sterlin , with her Idolatry in her Chappell in the Palace of Halyrud-house , were left certain Duntiberis , and others of the French Menzie , who raised up their Masse more publikely then they had done at any time before : For upon the same Sundayes that the Church of Edinburgh had the Ministration of the Lords Table , the Papists in a great number went to the Abbey to their Abomination : Which understood , divers of the Brethren being sore offended , consulted how to redresse that enormity : And so were appointed certain of the most zealous , and most upright in Religion , to wait upon the Abbey , that they might note such persons as resorted to the Masse ; and perceiving a great number to enter into the Chappell , some of the Brethren thrust in also : Whereat the Priest and French Dames being afraid , made the Showt to be sent to the Town ; and Madame Baylie , Mistris to the Queens Dountibures ( for maids that Court would not then well bear ) posted on with all diligence to the Comptroller the Laird of Pittarrow , who then was in Saint Geills Church at the Sermon , and cryed for his assistance , to save her life , and to save the Queens Palace : Who , with greater haste then need required , obeyed her desire , and took with him the Provest and Baylies , and a great part of the faithfull ; but when they came where the fear was bruted to have been , they found all things in quiet , except the tumult they brought with themselves , and peaceable men talking to the Papists , forbidding them to transgresse the Laws . True it is , a zealous brother , named Patrick Cranston , past into the Chappell , and finding the Altar covered , and the Priest ready to go to his abominable Masse , said , The Queens Majesty is not here ; How dare you then be so malapert , as openly to do against the Law ? No further was done or said , and yet brute hereof was posted to the Queen ( with such information as the Papists could give : Which found such credit as their hearts could have wished for ) which was so haynous a crime in her eyes , that satisfaction for that sin was there none , without blood ; And therefore without delay were summoned Androe Armstrong , and Patrick Cranston ▪ to finde surety to under-lie the Law ; for fore-thought Fellony , having made violent invasion into the Queens Palace , and for spoliation of the same . These Letters divulgate , and the extremity feared , the few Brethren that were within the Towne , consulted upon the next remedy , and in the end concluded , That Iohn Knox ( to whom the charge was given to make advertisements , whensosoever danger should appear ) should write to the Brethren in all quarters , giving information as the matter stood , and requiring their assistance , which he did , in manner as here ensueth . The Superscription . Wheresoever two or three are gathered together in my Name , there am I in the midst of them . T Is not unknown unto you ( dear brethren ) what comfort and tranquility God gave unto us in times most dangerous , by our Christian Assemblies , and godly Conference , as oft as any danger appeared to any member or members of our own Body ; And how that since we have neglected , or at least not frequented our Conventions and Assemblies , The adversaries of Christ Jesus his holy Evangell , have enterprised and boldned themselves , publikely and secretly to do many things odious in Gods presence , and most hurtfull to the true Religion , now of Gods great favour granted unto us : The holy Sacraments are abused by prophane Papists ; Masses have been , and yet are said openly , and maintained : The blood of some of our dearest Ministers hath been shed , without fear of punishment or correction craved by us . And now last are two of our dear Brethren ; Patrick Cranston , and Androe Armstrong , summoned to under-lie the Law in the Tolbuith of Edinburgh the four and twentieth of this instant of October , for a fore-thought Fellony , pretended Murther , and for invading of the Queens Majesties Palace of Halyrud-house , with unlawfull convocation , &c. These terrible Summons are directed against our Brethren , because that they , with two or more , passed to the Abbey , upon Sunday the five and twentieth of August , to behold and note what persons repaired to the Masse . And because that upon the Sunday before ( the Queen being absent ) there resorted to that Idoll a rascall multitude , having openly the least devillish Ceremony ( yea , even the conjuring of their accursed water ) that ever they had in the time of greatest blindenesse : But because ( I say ) our said Brethren past , and that in most quiet manner , to note such abusers , these fearfull Summons are directed against them , to make , no doubt , a preparation upon a few , that a doore may be opened to execute cruelty upon a greater multitude . And if so it come to passe , God , no doubt , hath justly recompenced our former negligence and ingratitude towards him and his benefits , in our owne bosomes . God gave us a most notable Victory of his and our enemies : he brake their strength , and confounded their counsells ; he left us at freedome , and purged the Realme , for the most part , of open Idolatry ; To the end that we , ever mindefull of so wondrous a deliverance , should have kept this Realme cleane from such vile filthinesse , and damnable Idolatry . But we , alas , preferring the pleasure of flesh and blood , to the Pleasure and Commandment of God , have suffered that Idoll the Masse publikely to be erected againe : And therefore justly suffers he us now to fall in that danger , That to look to an Idolater going to his Idolatry , shall be reputed a crime little inferiour to Treason ; God grant that we fall not farther . And now I , whom God of his mercy , hath made one amongst many , to travell in setting forward his true Religion within this Realme , seeing the same in danger of ruine , cannot but in conscience crave of you , my brethren of all states , that have professed the truth , your presence , comfort , and assistance at the said day in the Town of Edinburgh , even as ye tender the advancement of Gods glory , the safety of your brethren , and your own assurance ; together with the preservation of the Church , in these appearing dangers : It may be ( perchance ) that perswasions be made to the Countrey , and that ye may be informed , that either your assembly is not necessary , or else that it will offend the upper Powers , and my good hope is that neither flattery nor fear shall make you so farre to decline from Christ Jesus , as that against your publike promise , and solemne Band , you will leave your Brethren in so just a cause ; and albeit there were no great danger , yet cannot our Assembly be unprofitable , for many things requiring consultation , which cannot be had unlesse the wisest and godliest convene . And thus doubting nothing of the assistance of our God , if that we uniformly seek his glory , I cease farther to trouble you , committing you heartily to the protection of the Eternall . JOHN KNOX . From Edinburgh the eighth day of October . 1563. THe Brethren advertised by this Letter , prepared themselves , so many as was thought expedient for every Towne and Province , to keep the day appointed ; but by the means of some false brethren , the Letter came to the hands of the Queene , and the manner was this , It was read in the Towne of Ayre , where was present Master Robert Cunningham , stiled Minister of F●itfurd , who then was holden a professor of the Evangell , ( by what meanes we know not ) gat the said Letter , and sent it with his token to Master Henry Sincleare , then President of the Seat and Colledge of Justice , stiled Bishop of Rosse , a perfect Hypocrite , and a conjured Enemie to Christ Jesus , whom God after stroke according to his deservings . The said Master Henry being Enemy to all that unfainedly professed the Lord Jesus , but chiefly to Iohn Knox , for the libertie of his Tongue , for he had affirmed , as ever still he doth affirme , That a Bishop that receives profit and feeds not the Flock , ( even by his owne labours ) is both a Thiefe and a Murtherer : The said Master Henry ( we say ) thinking himselfe happie that he had found so good occasion to trouble him , whose life he hated , posted the said Letter , with his counsell , to the Queen , who then lay in Sterlin . The lettet being read , it was concluded by the Councell of the Cabinet , that is , by the most secret Councell . That it imported Treason ; whereof the Queen did not a little rejoyce , for she thought once to be avenged of that her great Enemy . It was concluded , that the Nobilitie should be written for ; that the condemnation should have the greater Authoritie , the day was appointed , about the midst of December ▪ which was kept of the whole Councell , and of divers others , such as the Master of Maxwell , the old Laird of Lethington , and the said President . In the meane time the Earle of Murray returned from the North , to whom Secretary Lethington opened the matter , as best pleased him . The Master of Maxwell ( after made Lord Heris ) gave unto the said Iohn as it were a discharge of the familiaritie which before was great betwixt them , unlesse that he would satisfie the Queen at her own will. The answer of Iohn Knox was , that he knew no offence done by him to the Queens Majestie , and therefore he knew not what satisfaction to make . No offence , ( said he ) Have you not written Letters , desiring the brethren from all parts to convene , to Andro Armstrong and Patrick Cranstons ? That I grant , ( said the other ) but therein I acknowledge no offence done by me . No offence ( said he ) to convocate the Queens Leidges . Not for a just cause ( said the other ) for greater things were reputed no offence within these two yeers . The time ( said he ) is now other , for then our Soveraigne was absent , and now she is present . It is neither the absence nor the presence of the Queen ( said he ) that rules my conscience , but God plainly speaking in his Word ; what was lawfull to me the last yeer , is yet lawfull , because my God is unchangeable . Well ( said the Master ) I have given you my counsell , doe as you list , but I think you shall repent it if you bow not unto the Queen . I understand not ( said he ) what you meane ; I never made my selfe an adverse partie unto the Queens Majestie , except in the point of Religion , and thereunto I think you will not desire me to bow . Well ( said he ) you are wise enough , but you will not finde that men will beare with you in times to come , as they have done in times by past . If God stand my friend , ( said the other ) as I am assured he of his mercy will , so long as I depend upon his promise , and preferre his glory to my life and worldly profit , I little regard how men behave themselves towards me , neither yet know I wherinto any one man hath born with me in times by-past , unlesse it be , that of my mouth they have heard the Word of God , which in time to come if they refuse , my heart will be perfect , and for a season I will lament ; but the incommodity will be their owne . And after these words ( hereunto the Laird of Lochinvar was witnesse ) they departed , but unto this day , the seventeenth day of December , 1571. yea , never in this life met they in such familiarity as before . The bruit of the accusation of Iohn Knox being devulgate , Master Iohn Spence of Condie Advocate , a man of gentle nature , and one that professed the doctrine of the Evangell , came as it were in secret to Iohn Knox , to enquire the cause of that great bruite ; to whom the said Iohn was plain in all things , and shewed unto him the double of the Letter ; which heard and considered , he said , I thank God , I came unto you with a fearfull and sorrowfull heart , fearing that you had done such a Crime as Lawes might have punished , which would have been no small trouble to the heart of all such as have received the Word of life which you have preached ; but I depart greatly rejoyced , as well because I see your own comfort , even in the midst of the troubles , as that I clearly understand , that you have committed no such Crime as you are bruited with ; you will be accused ( said he ) but God will assist you ; and so he departed . The Earle of Murray and the Secretary sent for the said Iohn to the Clerk of the Registers house , and began to lament that he had so highly offended the Queens Majestie , for the which they feared should come a great inconvenience to him , if the businesse were not wisely foreseen ; they shew what pains and travel they had taken to mittigate her anger , but they could finde nothing but extremity , unlesse that he himself would confesse his offence , and put him in her Majesties will. To which Heads the said Iohn answered , as follows : I praise my God through Jesus Christ , ( said he ) I have learned not to crie Conjuration and Treason at every thing that the godlesse multitude doth condemn , nether yet to fear the things that they fear ; I have the testimony of a good conscience , that I have given no occasion to the Queens Majestie to be offended with me , for I have done nothing but my duty , and so whatsoever shall thereof ensue , my good hope is , that my God will give me patience to bear it ; but to confesse an offence where my Conscience witnesseth there is none , far be it from me . How can it be defended ( said Lethington ) have you not made a Convocation of the Queens Leiges ? If I have not ( said he ) a just defence for my fact , let me smart for it . Let us hear ( said they ) your defences , for we would be glad that you might be found innocent . Nay , ( said the other ) I am informed by divers , that even by you my Lord Secretary , I am already condemned , and my cause prejudged , therefore I might be reputed a fool , if I would make you privie to my Defences . At these words they seemed both offended , and so the Secretary departed , but the said Earle remained still , and would have entred into further discourse of the state of the Court with the said Iohn ; who answered , My Lord , I understand more then I would of the state of the Court , and therefore it is not needfull that your Lordship trouble me with the recounting thereof ; if you stand in good case , I am content , and if you do not , as I fear you do not already , or else you shall not do it ere it be long , blame not me , you have the Councellors whom you have chosen , my weak judgement both they and you despised : I can do nothing but behold the end , which I pray God it be other then my troubled heart feareth . Within four dayes the said Iohn was called before the Queen and Councell , betwixt 6 and seven a Clock at night ; the season of the year was the midst of December ; the report rising in the towne , That I. Knox was sent for by the Queen . The Brethren of the Town followed in such number , that the inner Close was full , and all the Staires , even to the Chamber door where the Queen and Counsell sate , who had been reasoning amongst themselves before , but had not fully satisfied the Secretaries minde . And so was the Queen retired to her Cabbinet , and the Lords were talking one with another , as occasion served . But upon the entry of Iohn Knox they were desired to take their places , as they did , sitting as Councellors one against another . The Duke , according to his dignity , began the one side , upon the other side sate the Earle of Argile , and consequently followed the Earle of Murray , the Earle of Glencarne , the Earle of Mershall , the Lord Ruthven , the common Officers , Pittaro then Controller , the Justice Clerk , with Master Iohn Spence of Condie Advocate , and divers others stood by ; removed from the Table , sate old Lethington father to the Secretary , Master Henry Sinclare then Bishop of Rosse , and Master Iames Makgill Clerke of the Register . Things thus put in Order the Queen came forth , and that with no little worldly pompe , was placed in a Chaire having two faithfull Supporters , the Master of Maxwell upon the one Torre , and Secretary Lethington upon the other Torre of the Chaire , whereon hee waited diligently ; at the time of the Accusation , sometime the one was speaking in her Eare , and sometime the other : Her pompe lacked nothing of an womanly gravitie ; for when she saw Iohn Knox standing at the other end of the Table bare-headed ; at the first she smiled , and after gave a guaf of laughter ; whereunto her Placebo●● gave their Plaudite , assenting with like countenance . This is a good beginning ( she said ) but know you whereat I laugh ? Yon man caused me to crie , and shed never a Tear himself ; I will see if I can cause him to grieve . At that word the Secretary whispered her in the Eare , and she him again , and with that gave him a Letter ; after the inspection whereof , he directed his visage and speech to Iohn Knox in this manner . The Queens Majesty is informed , That you have travelled to raise a Tumult of her Subjects against her ; and for Certification thereof , there is presented to her your owne Letter , subscribed in your name : Yet because her Majesty will do nothing without good advertisement , she hath convened you before this part of the Nobilitie , that they may witnesse betwixt you and her . Let him acknowledge ( said she ) his owne hand-writing , and then shall we judge of the Contents of the Letter ; and so was the Lettet sent from hand to hand to Iohn Knox , who taking inspection of it , said , I acknowledge this to be my hand-writing ; and also I remember , that I indited a Letter in the month of October , giving signification to the Brethren in divers Quarters , of such things as displeased me ; and so good opinion have I of the fidelity of the Scribes , that willingly they would not adulterate my originall ; albeit that I left divers blanks subscribed with them . And so I acknowledge both the Hand-writing , and the Dictatement . You have done more ( said Lethington ) then I would have done . Charity ( said the other ) is not suspitious . Well , well , ( said the Queen ) read your own Letter , and then answer to such things as shall be demanded of you . I shall do the best I can ( said the other ) and so with a loud voice he began to reade , as before is expressed . After that the Letter was read , it was presented again to M. Iohn Spence her Advocate ; for the Queen commanded him to accuse , as he did , but very gently . After ( we say ) that the Letter was read , the Queen beholding the whole Table , said , Heard you ever ( my Lords ) a more dispightfull and Treasonable Letter ? While that no man gave answer , Lethington addressed himself to Iohn Knox , and said , M. Knox , are you not sorry from your heart , and do you not repent that such a Letter hath passed your Pen , and from you hath come to the knowledge of others ? I. Knox answered , My Lord Secretary , before I repent I must be taught of my offence . Offence , ( said Lethington ) if there were no more but the vocation of the Queenes Leiges , the offence cannot be denyed . Remember your selfe ( my Lord ) said the other , there is a difference betwixt a lawfull Vocation and an unlawfull : If I have been guilty in this , I have oft offended since I came last in Scotland ; for what Vocation of Brethren hath ever been this day , unto which my Pen hath not served ? and before this no man laid it to my charge as a crime . Then was then , and now is now ( said Lethington ) we have no need of such Vocation , as sometimes we have had . Iohn Knox answered , The time that hath been , is even now before my eyes ; for I see the poor Flock in no lesse danger , then it hath been at any time before , except that the devill hath gotten a Vizard upon his face : Before he came in with his own face , discovered by open Tyranny , seeking the destruction of all that refused Idolatry ; and then , I think , you will confesse the Brethren lawfully assembled themselves for defence of their lives : And now the devill comes , under the cloke of Justice , to do that which God would not suffer him to do by strength . What is this ( said the Queen ) methinks you trifle with him : Who gave you Authority to make Convocation of my Lieges ? Is not that Treason ? No , Madame ( said the Lord Rnthuen ) for he makes Convocation of the people , to hear Prayer and Sermon , almost dayly : And what ever your Majestie or others thinke thereof , we think it no Treason . Hold your peace ( said the Queen ) let him answer for himself . I began Madame ( said Iohn Knox ) to reason with the Secretary ( whom I take to be a better Dialectationer then your Majestie is ) That all Convocation is not lawfull : And now my Lord Ruthuen hath given the instance ; which if your Majestie will deny , I shall make my selfe ready for the proof . I will say nothing ( said the Queen ) against your Religion , nor against your convening to your Sermons : But what Authority have you to Convocate my subjects when you will , without any Commandment ? I have no pleasure ( said Iohn Knox ) to decline from my former purpose ; And yet , Madame , to satisfie your Majesties two questions , I answer , That at my will I never convened four persons in Scotland , but at the Order that the Brethren hath appointed , I have given divers Advertisements , and great multitudes have assembled thereupon . And if your Majestie complaineth , That this was done without your Majesties Commandment ; I answer , So hath all that God hath blessed within this Realme , from the beginning of this action : And therefore , Madame , I must be convinced by a just Law , that I have done against the Duty of Gods Messenger , in writing of this Letter , before that I either be sorry , or yet repent for the doing of it , as my Lord Secretary would perswade me ; for what I have done , I have done at the Commandment of the Generall Church of this Realme . And therefore I thinke I have done no wrong . You shall not escape so ( said the Queene ) Is it not Treason , my Lords , to accuse a Prince of cruelty ; I thinke there are Acts of Parliament to be found , against such Whisperers . This was granted to be true of many : But wherein ( said Master Iohn Knox ) can I be accused ? Reade this part of your Letter ( said the Queene ) which began , This fearfull Summons is directed against them ( to wit , the Brethren aforesaid ) to make , no doubt , a preparation upon a few , that a door may be opened to execute cruelty upon a greater multitude . Lord ( said the Queen ) What say you to that ? While many doubted what the said Iohn should answer , he said unto the Queen , Is it lawfull for me , Madame , to answer for my self ? Or shall I be condemned before I be heard ? Say what you can ( said she ) for I thinke you have enough ado . I will first then desire ( said he ) of your Majestie , Madame , and of this Honourable audience , Whether if your Majestie knows not that the obstinate Papists are deadly enemies to all that professe the Evangel of Jesus Christ ; And that they most earnestly desire the extirpation of all them , and of the true Doctrine that is taught within this Realme ? The Queen held her peace ; but all the Lords with common consent and voyce , said , God forbid that either the life of the faithfull , or yet the staying of the Doctrine , stood in the power of the Papists ; for just experience hath taught us what cruelty is in their hearts . I must proceed then ( said Iohn Knox ) seeing that I perceive that all will grant , That it were a barbarous cruelty to destroy such a multitude as professed the Evangell of Jesus Christ within this Realme , which oftner then once or twice they attempted to do by force , as things done of late dayes do testifie : Whereof they being ( by Gods providence ) disappointed , have invented more crafty and dangerous practices , to wit , To make the Prince party , under colour of Law ; and so , what they could not do by open force , they shall performe by crafty deceit : For who thinks ( my Lords ) That the insatiable cruelty of the Papists ( within this Realme , I mean ) shall end in the murthering of those two , now unjustly summoned , and more unjustly to be accused ? I thinke no man of judgement can so esteem , but rather the direct contrary ; that is , By this few number , they intend to prepare a way to their bloody enterprise against the whole . And therefore ( Madame ) cast up when you list , the Acts of your Parliaments , I have offended nothing against them ; For I accuse not in my Letter your Majestie , nor yet your nature , of cruelty : But I affirm yet again , That the pestilent Papists , who have enflamed your Majestie without cause against these poore men at this present , are the sons of the devill , and therefore must obey the desires of their father , who hath beene a Murtherer from the beginning . You forget your selfe ( said one ) you are not in the Pulpit . I am in the place ( said the other ) where I am commanded in my conscience to speak the truth ; and therefore the truth I speak , impugne it who so lists : And hereunto I adde ( Madame ) that honest , meeke and gentle natures ( in appearance ) by wicked and corrupt Councellors , may be changed and altered to the direct contrary . Example we have of Nero , whom in the beginning of his Empire we finde , having some naturall shame ; but after that his flatterers had encouraged him in all impiety , alleadging that nothing was either unhonest , or yet unlawfull in his Person , who was Emperour above others : When he had drunken of this Cup ( I say ) to what enormies he fell , the Histories beare witnesse . And now , Madame , to speak plain , Papists have your Majesties ear patent at all times ; assure your Majestie , they are dangerous Councellors , and that your Mother found . As this was said , Lethington singled , and spake secretly to the Queene in her eare , What it was , that the Table heard not : But immediately she addressed her visage and speech to Iohn Knox , and said , Well , you speak fair enough here , before my Lords , but the last time I spake with you secretly , you caused me to weep many tears , and said to me stubbornly , Ye cared not for my weeping . Madame , ( said the other ) because now the second time your Majesty hath burthened me with that crime , I must answer , lest for my silence I be holden guilty : If your Majestie be ripely remembred , the Laird of Dun , yet living to testifie the truth , was present at that time , whereof your Majesty complaineth . Your Majesty accused me , That I had irreverently spoken of you in the Pulpit . That I denied . You said , What had I to do to speak of your Marriage ? What was I , that I should meddle with such matters ? I answered , As touching Nature , I was a worm of this earth ; and yet a subject to this Common-wealth : But as touching the Office wherein it hath pleased God to place me , I was a Watch-men both over the Realme , and over the Church of God gathered within the same ; by reason whereof , I was bound in conscience to blow the Trumpet publikely , so oft as ever I saw any appearance of danger , either of the one , or of the other . But so it was , that a certaine brute affirmed , That a Traffique of Marriage was betwixt your Majestie and the Spanish Allia . Whereunto I said , That if your Nobility and State did agree , unlesse that both you and your husband should be straitly bound , that neither of you might hurt the Common-wealth , nor yet the poor Church of God within the same ; in that case I should pronounce , That the consenters were troublers of the Common-wealth , and enemies unto God , and unto his Truth planted within the same . At these words , I grant , your Majestie stormed , and burst forth in an unreasonable weeping : what mitigation the Laird of Dun would have made , I suppose your Majesty hath not forgot : But while that nothing was able to stay your weeping , I was compelled to say , I take God to witnesse , I never took pleasure to see your Majestie make such regret ; But seeing I have offered to your Majestie no such occasion , I must rather suffer your Majestie to take your own pleasure , then I dare conceale the truth , and so both betray the Church , and the Common-wealth . These were the most extreme words I spake that day . After that the Secretary had conferred with the Queen , he said , Master Knox , you may returne to your house for this night . I thank God and the Queens Majesty ( said the other . ) And ( Madame ) I pray God to purge your heart from Papistry , and to preserve you from the counsell of flatterers ; for how pleasant that ere they appear to your ear , and corrupt affections for the time , experience hath taught us in what perplexity they have brought famous Princes . Lethington , and the Master of Maxwell , were that night the two stoups of her Chayre . Iohn Knox being departed , the Tables of the Lords , and others that were present , were demanded every one their voyce , If Iohn Knox had not offended the Queens Majestie ? The Lords voted uniformly , That they could finde no offence ( the Queen was past to her Cabinet . ) The flatterers of the Court ( and principally Lethington ) raged . The Queen was brought again , and placed in the Chayre : And they commanded to vote over again : Which thing highly offended the whole Nobility , and began to speak in open audience , What ? shall the Laird of Lethington have power to controll us ? Or shall the presence of a woman cause us to offend God , and to condemne an innocent against our consciences , for the pleasure of any creature ? And so the whole Nobility absolved Iohn Knox againe , and praised God for his modestie , and for his plain and sensible answers . Yet before the end , one thing is to be noted ▪ to wit , That amongst so many Placeboes ( we mean the flatterers of the Court ) there was not one that plainly durst condemne the said poore man , that was accused ; God ruling their tongues , that sometimes ruled the tongue of Balaam , when gladly he would have cursed Gods people . This perceived , the Queen began to upbraid Master Henry Sinclare , then Bishop of Rosse , and said ( hearing his vote to agree with the rest ) Trouble not the barne , I pray you , trouble him not , for he is newly wakened out of his sleep ; Why should not the old fool follow them that past before him ? The Bishop answered coldly , Your Majesty may consider , That it is neither affection to the man , nor love to his Profession , that moved me to absolve him , but the simple truth ( which plainly appears in his defence ) drawes me hereunto , albeit that others would have condemned him and it . This being said , the Lords and whole Assistants arose and departed . That night was neither dancing nor fidling in the Court , for our Soveraigne was disappointed of her purpose ; which was , To have had Iohn Knox in her will , by voice of her Nobility . Iohn Knox absolved by the greatest part of the Nobility , from the crime intended against him , even in the presence of the Queen , she raged , and her Placeboes stormed : And so began new assaults to be made at the hands of the said Iohn Knox , to confesse an offence , and to put him in the Queens will , and she should promise , That his greatest punishment should be , But to go within the Castle of Edinburgh , and immediately to returne to his own house : He answered , God forbid that my confession should condemne these Noble-men , who in their conscience , and in displeasure of the Queen , have absolved me ; And further I am assured , ye will not in earnest desire me to confesse an offence , unlesse that therewith you would desire me to cease from Preaching : For how can I exhort others to Peace , and Christian quietnesse , if I confesse my self an author and mover of sedition . The generall Assembly of the Church approached , which began the five and twentieth of December , 1563. But the just Petitions of the Ministers , and Commissioners of Churches , wer● despised at the first , and that with these words ; As Ministers will not follow our counsell , so will we suffer Ministers to labour for themselves , and see what speed they come . But then the whole Assembly said , If the Queen will not , we must ; for both third and two parts are rigorously taken from us , and from our Tenants . If others ( said one ) will follow my counsell , the Guard and the Papists shall complaine , as long as our Ministers have done . At these words , the former sharpnesse was coloured , and the Speaker alleadged , That hee meant not of all Ministers : Christopher Goodman answered , My Lord Secretary , if you can shew me what just Title either the Queene hath to the Third , or the Papists to the two parts , then I think I should resolve you whether she were Debtor to Ministers within Burgh , or not : But thereto he received this check for answer ; Ne sit Peregrinus curiosus in aliena Republica ; that is , Let not a Stranger be curious in a strange Common-wealth . The man of God answered , Albeit I be a Stranger in your policy , yet so am I not in the Church of God ; and therefore the care doth no lesse appertain to me in Scotland , then if I were in the middest of England . Many wondred at the silence of Iohn Knox , for in all these quick reasonings he opened not his mouth ; the cause thereof he himself expressed in these words : I have travelled ( Right Honourable and beloved Brethren ) since my last arrivall within this Realme , in an upright conscience before my God , seeking nothing more ( as he is witnesse ) than the advancement of his glory , and the stability of his Church within this Realme ; and of late dayes I have been accused as a seditious man , and as one that usurpeth to my selfe power that becometh me not : True it is that I have given advertisment unto the Brethren in divers Quarters , of the extremity intended against divers faithfull , for looking to a Priest going to Masse , and for observing of those that transgresse against just Laws ; but that therein I have usurped further power then is given me , till that by you I be condemned , I utterly deny ; for ( I say ) that by you , that is , By the charge of the Generall Assembly , I have all just power to advertise the Brethren from time to time of dangers appearing , as I have power to preach the Word of God in the Pulpit of Edinburgh ; for by you was I appointed to the one , and to the other ; and therefore in the Name of God I crave your judgements . The danger that appeared to me in my Accusation was not so fearfull , as the words that came to my Ears were dolorous to my heart ; for these words were plainly spoken , and that by some Protestants , What can the Pope do more , then to send forth his Letters , and require them to be obeyed . Let me have your judgements therefore whether I have usurped any power to my self ; or if I have obeyed your commandment . The Flatterers of the Court ( amongst whom the Justice Clerk then not the least ) began to storme , and said , shall we be compelled to justifie the rash judgements of men ; My Lord ( said Iohn Knox ) you shall speak your pleasure for the present , of you I crave nothing , but the if Church that is here present , do not either absolve me , or else condemne me , never shall I in publike or in private , as a publike Minister , open my mouth in doctrine or reasoning . After long contention the said Iohn being removed , the whole Church found , that a charge was given unto him , To advertise the Brethren in all Quarters , as oft as ever danger appeared ; and therefore avowed that fact not to be his onely , but the fact of the whole assembly . Thereat were the Queens Claw-backs more enraged then ever they were , for some of them had promised the Queen to get the said Iohn convinced , both by the Councell , and by the Church ; and being frustrate of both , she and they thought themselves not a little disappointed . In the very time of the generall Assembly there comes to publike knowledge , or naynous murther committed in the Court , yea not far from the Queens Lap ; for a French-woman that served in the Queens Chamber had played the Whore with the Queens own Apothecary ; the woman conceived and bare a Childe , whom with common consent the father and the mother murthered ; yet were the cries of a new borne Childe heard , search was made , the Childe and the Mother were both apprehended , and so was both the man and the woman condemned to be hanged in the publike Street of Edinburgh . The punishment was notable because the Crime was hainous . But yet was not the Court purged of Whores and Whoredoms , which was the fountaine of such enormities , for it was well known , that shame hasted Marriage , betwixt Iohn Sempill called the Dancer , and Mary Leringston sirnamed the Lusty , what bruit the Maries and the rest of the Dancers of the Court had , the Ballads of that age did witnesse , which we for modesties sake omit , but this was the common complaint of all godly and wise men , That if they thought that such a Court should long continue , and if they looked for no better life to come , they would have wished their Sonnes and Daughters rather to have been brought up with Fidlers and Dancers , and to have been exercised in flinging upon a Floore , and in the rest that thereof followes , then to have been exercised in the company of the godly , and exercised in vertue , which in that Court was hated ; and filthinesse not onely maintained , but also rewarded ; witnesse the Abbacie of Abercone , the Barony of Anchvermuchtie , and divers others pertaining to the Patrimony of the Crowne given in heritage to Skippers , and Dancers , and Dalliers with D●mes . This was the beginning of the Regiment of Mary Queen of Scots , and these were the fruits that she brought forth of France . Lord lo●k upon our miseries , and deliver us from the wickednesse of this corrupt Court , for thy own Names sake . God from Heaven , and from the face of the Earth did declare , that he was offended at the iniquitie committed within this Realme ; for upon the twentieth day of Ianuary there fell rain in great abundance , which in the falling freezed so vehemently , that the earth was but a shot of Ice ; the Fowls , both great and small freezed , and might not flie , many dyed , and some were taken and laid beside the fire , that their feathers might dissolve ; and that same moneth the Sea stood still , ( as was clearly observed ) and never ebbed nor flowed the space of foure and twenty hours : In the moneth of February , the fifteenth and eighteenth dayes thereof , there was seen in the Firmament battels arrayed , spears , and all other weapons , as it had been the joyning of two Armies : These things were not onely observed , but also spoken of and constantly affirmed by men of judgement , and credit . But the Queen and our Court made merry , there was banquetting upon banquetting ; the Queen would banquet with the Lords ; and that was done onely upon policy to remove her displeasure against them , because they would not at her devotion condemne Iohn Knox. To remove ( we say ) that jealousie , she made the Banquet to the whole Lords , whereat she would have the Duke amongst the rest . It behoved them to banquet her again ; and so did banquetting continue till Lent ever after . But the poor Ministers were mocked , and reputed as Monsters ; the Guard , and the Affairs of the Kitchin were so gripping , that the Minsters stipends could not be had ; and yet at the Assembly last past , solemne promise was made in the Queens Name , by the mouth of Secretary Lethington , in the audience of the Nobilitie , and of the whole Assembly , who affirmed that he had commandment of her Highnesse , to promise full content unto all the Ministers within the Realme , and of such Order to be kept in all times to come , that the whole body of the Protestants should have occasion to stand content ; The Earle of Murray affirmed the same , with many other faire promises given by writing , by Lethington himself ; as in the Register of the Acts of the generall Assembly may be seene ; but how that or yet any other thing promised in her name , to the Church of God , was observed , the world can witnesse . The Ministers perceiving all things to tend to ruine , discharged their consciences in publike and in private , but they received for their labour hatred and indignation ; and amongst others , that worthy servant of God Master Iohn Craig , speaking against the manifold corruption that then ( without shame or fear declared it self , said , Sometimes was Hypocrites known by their noted habits , and we had men to be Monks , and women to be Nuns ; but now all things are so changed , that we cannot discerne the Earle from the Abbot , nor the Nunne from him that would be esteemed the Nobleman ; so that we have gotten a new order of Monkes and Nunnes ; But , said he , seeing you are not ashamed of that unjust profit , would to God that you had therewith the Kowll , the Vaile and the Tayle joyned withall , that so you might appear in your own colours . This libertie did so provoke the choler of Lethington , that in open audience he gave himself to the Devill , If that after that day he should regard what became of the Ministers , but he would do what he could , that his companion should have a share with him : And let them bark and blow ( said he ) as loud as they list . And so that was the second time that he had given defiance unto the servants of God. Whereupon arose whisperings and complaints , although the Flatterers of the Court , complaining that men were not charitably handled , might not since be reproved in generall , albeit men were not specially taxed , that all the world might know of whom the Preacher speakes ; whereunto was this answer made , Let men be ashamed publikely to offend , and the Ministers shall abstain from specialities ; but so long as Protestants are not ashamed manifestly to do against the Evangell of Jesus Christ , so long cannot the Ministers of God cease to crie , that God would be avenged upon such abusers of his holy Word . Thus had the servants of God a double battaile , fighting upon the one side against the Idolatry and the rest of the abominations mentioned by the Court ; and upon the other part , against the unthankefulnesse of such as sometimes would have been esteemed the chief Pillars of the Church within the Realme . The threatnings of Preachers was fearfull , but the Court thought it self in such security , that it could not miscarry . The Queen after the Banquetting , kept a dyet ( Monsieur Luserie a Frenchman , who had been accustomed with her malady before , being her Physitian ) and therefore she for the second time made her progresse in the North , and commanded to Ward in the Castle of Edinburgh , the Earle of Caithnes , for a Murther committed by his servants upon the Earle Mershals men ; he obeyed , but he was suddenly released ; for such blood-thirsty men , and Papists ( such as he is ) are good subjects thought at Court. Thy Kingdom come ( O Lord ) for in this Realme is nothing amongst such as should punish vice and maintain vertue , bu● abomination abounding without Bridle . The Flatterers of the Court did daily enrage against the poor Preachers ; happiest was he that could invent the most bitter taunts , and disdainfull mocking of the Ministers ; and at length they began to jest at the Terme of Idolatry , affirming that men knew not what they spake when they called the Masse Idolatry ; yea , some proceeded further , and feared not at open Table to affirme , That they would sustaine the Argument that the Masse was no Idolatry . These things coming to the ears of the preachers , they were proclaimed in publike Pulpit of Edinbugh , with this complaint , directed by the speaker to his God ; O Lord , how long shal the wicked prevail against the just ? how long wilt thou suffer thy Self and thy blessed Evangell to be despised of men ? Of men ( we say ) that boast themselves Defenders of the truth ; for of thy manifest and known Enemies we complain not , but of such as unto whom thou hast revealed thy light ; for now it cometh to our Ears , that men ( not Priests we say , but chief Protestants ) will defend the Masse to be no Idolatry ; if it so were , miserably have I been deceived , and miserably ( alas , O Lord ) have I deceived thy people ; which thou knowest , ( O Lord ) I have ever more abhorred then a thousand deaths . But said he , ( turning his face towards the Room where such men as had so affirmed , sate ) If I be not able to prove the Masse to be the most abominable Idolatry that ever was used from the beginning of the world , I offer my self to suffer the punishment appointed by God to a false Preacher . And it appeareth unto me ( saith the Preacher ) that the Affirmers should be subject to the same Law ; for it is the truth of God , that you persecute as a blasphemy ; and it is the invention of the Devill , that obstinately against his Word you maintaine ; whereat albeit you now flute and flyre , as if so be all that were spoken were but winde ; yet am I all fully assured , as I am assured that my GOD liveth , That some that hear this your defection , and railing against the truth and the servants of God , shall see a part of Gods judgement powred forth upon this Realm , ( and principally upon you that fastest cleave unto the favour of the Court ; ) for the abominations that are by you maintained . Albeit that such vehemency provoked tears from the eyes of some , yet these that knew themselves guilty , in a mocking manner , said , We must recant , and burne our Bill , for the Preachers are angry . The generall assembly holden in Iune , 1564. approached , unto the which a great part of the Nobilitie ( of those that are called Protestants ) convened , some for assistance of the Ministers , and some to accuse them , as we shall after hear . A little before these troubles , which Sathan raised in the Body of the Church , began one David an Italian , to be great in the Court ; the Queen used him for Secretary , for things that appertained to her secret affairs , or elsewhere : great men made suit unto him , and their suits were the better heard : But of his beginning and progresse , we delay now further to speak , and refer it unto another fitter occasion of time and place , because that his end will require the description of the whole . The first day of the generall Assembly , neither the Courtiers ; nor the Lords that depended upon the Court , presented themselves in Session with their Brethren ; whereat many wondred . One ancient and honourable man , the Laird of Lundie , said , Nay , I wonder not at their absence ; but I wonder that at our last Assembly they drew themselves apart , and joyned not with us , but drew from us some of our Ministers , and willed them to conclude such things as were never proposed to the publike Assembly , very prejudiciall to the Liberty of the Church ; and therefore my judgement is , That they shall be informed of this offence , which the whole Brethren have conceived of their former Fact ; Humbly requiring , That if they be Brethren , that they would assist their Brethren with their presence and counsell , for we had never greater need : And if they be minded to fall back from us , it were better we knew it now , then afterwards . Thereto agreed the whole Assembly , and gave Commission to certaine Brethren , to signifie the mindes of the Assembly unto the Lords ; which was done that same afternoon . The Courtiers at the first seemed a little offended , that they should be as it were suspected of defection ; yet neverthelesse upon the morning they joyned with the Assembly , and came unto it ; but they drew themselves ( like as they did before ) apart , and entred into the inner Councell-House . They were the Duke , the Earls of Argyle , Murray , Mortoune , Glencarne , Mershall , Lord Rosse , the Master of Maxwell , Secretary Lethington , the Justice Clerk , the Clerk of the Register , and the Laird of Pittarrow Comptroller . After a little consultation , they directed a Messenger , M. George Hay , the Minister of the Court , requiring the Superintendents , and some of the learned Ministers , to confer with them . The Assembly answered , They convened to deliberate upon the common affairs of the Church , and therefore that they could not lack their Superintendents , and chiefe Ministers , whose judgements were so necessary , that the rest should sit ( as it were ) idle , without them ; And therefore willed them , as oft before , That if they acknowledged themselves Members of the Church , that they would joyn with their Brethren , and propose in publike such things as they pleased , and so they should have the assistance of the whole , in all things that might stand with Gods Commandment : But to send from themselves a portion of their company , they understood , That thereof hurt and slander might arise , rather then any profit or comfort to the Church ; for they feared that all men should not stand content with the conclusion , where the conference and reasonings were heard but of a few . This answer was not given without cause ; for no small travell was made , to have drawn some Ministers to the faction of the Courtiers , and to have sustained their Arguments and Opinions : But when it was conceived by the most politick amongst them , That they could not travell by that means , they prepared the matter in other termes , purging themselves , That they never meant to divide themselves from the Society of their Brethren , but because they had certain Heads to confer with certain Ministers . But the Assembly did still reply , That secret Conference would they not admit , in those Heads that should be concluded by generall Voice . The Lords promised , That no Conclusion should be taken , neither yet Vote required , till that both the Propositions and the Reasons should be heard and considered by the whole Body ; and upon that condition were directed unto them , with expresse charge , To conclude nothing , without the knowledge and advise of the Assembly , The Laird of Dun , Superintendent of Angus , the Superintendents of Lothain and Fyfe , Master Iohn Row , Master Iohn Craig , William Christieson , Master David Lyndsay , Ministers ; with the Rector of Saint Androes , and Master George Hay , the Superintendent of Glasgow : Master Iohn Willock was Moderator , and Iohn Knox waited upon the Scribe ; And so were they appointed to sit with the Brethren : And yet because the principall complaint touched Iohn Knox , he was also called for . Secretary Lethington began the Harangue , which contained these Heads ; first , How much we are indebted unto God , by whose providence we have liberty of Religion , under the Queens Majestie , albeit that she is not perswaded in the same . Secondly , How necessary a thing it is , That the Queens Majestie by all good Offices of the part of the Church ( so spake he ) and of the Ministers principally should be retained in that constant opinion , that they unfainedly favoured her advancement , and procured her subjects to have a good opinion of her . And last , How dangerous a thing it is , That the Ministers should be noted one to disagree from another in form of Prayer for her Majestie : And in these two last Heads ( said he ) we desire you all to be circumspect : But especially , we most crave of you our Brother Iohn Knox , to moderate your selfe , as well in form of praying for the Queens Majesty , as in Doctrine that you propose , touching her State and Obedience : Neither shall ye take this ( said he ) as spoken to your reproach , quia mens pulchra , interdum in corpore pulchro ; But because that others , by your example , may imitate the like liberty , albeit not with the same discretion and foresight ; and what opinion that may engender in the peoples heads , wise men may foresee . The said Iohn prepared himself for answer as follows : If such as fear God , have occasion to praise him , because that Idolatry is maintained , the servants of God despised , wicked men placed again in Honour and Authority ( Master Henry Sinclare was of short time before , made President , who before durst not have sitten in Judgement ) And finally , if we ought to praise God , because that vice and impiety over-floweth the whole Realm , without punishment , then we have occasion to rejoyce and praise God : But if these and the like , use to provoke Gods vengeance against Realms and Nations , then in my judgement , the godly within Scotland ought to lament and mourn , and so to prevent Gods Judgements , lest that he finding all in a like security , strike in his hot indignation , beginning , perchance , at such as think they offend not . That is one Head ( said Lethington ) whereunto you and I never agreed ; for how are you able to prove , That God ever struck or plagued any Nation or People for the iniquity of their Prince , if that they themselves lived godlily ? I looked ( said he ) my Lord , to have audience till that I had absolved the other two parts : But seeing it pleaseth your Lordship to cut me off before the midst , I will answer to your question . The Scripture of God teacheth me , That Ierusalem and Iuda were punished for the sins of Manasses . And if you alleadge , That they were punished because they were wicked , and offended with their King , and not because their King was wicked ; I answer , That albeit the Spirit of God makes for me , saying in expresse words , For the sins of Manasses , yet will I not be so obstinate , as to lay the whole sin , and plagues that thereof ensued , upon the King , and utterly absolve the people ; but I will grant withall , That the whole people offended with their King ; but how , and in what fashion , I fear that ye and I shall not agree : I doubt not but the great multitude accompanied him in all the abomination that he did ; for Idolatry and false Religion , hath ever been , and will be , pleasing to the most part of men : But to affirm , That all Iudah committed really the acts of his impiety , is but to affirm that which neither hath certainty , nor yet appearance of any truth ; for who can think it to be possible , That all those of Ierusalem should so shortly turn to Idolatry , considering the notable Reformation lately before had , in the dayes of Hezekias : But yet ( sayes the Text ) Manasses made Iuda , and all the inhabitants of Ierusalem to erre . True it is , the one part ( as I have said ) willingly followed him in his Idolatry , the other suffered him to defile Ierusalem and the Temple of God with all abominations , and so were they criminall of his sin ; the one by act and deed , the other by suffering and permission , even as Scotland is this day guilty of the Queens Idolatry ; and ye , my Lords , in speciall , above others . Well ( said Lethington ) that is the chief Head wherein we never agreed ; but of that we shall speak hereafter : What will ye say as touching the moving of the people to have a good opinion of the Queens Majesty , and as concerning obedience to be given to her Authority ? as also of the form of Prayer which ye commonly use ? My Lord ( saith he ) more earnestly to move the people , or yet otherwise to pray , then heretofore I have done , a good conscience will not suffer me ; for he who knows the secrets of hearts , knows , That privately and publikely I have called to God for her conversion , and have willed the people to do the same , shewing unto them the dangerous state wherein not onely she her self stands , but also the whole Realm , by reason of her indurate blindnesse . That is ( said Lethington ) wherein we finde the greatest fault , your extremity against her Masse in particular , passeth measure ; ye call her a slave to Sathan ; ye affirm that Gods vengeance hangs over the Realm , by reason of her impiety : And what is this else , but to raise up the hearts of the poeple against her Majesty , and against them that serve her . Then there was heard an acclamation of the rest of the flatterers , that such extremity could not profit . The Master of Maxwell said in plain words , If I were in the Queens Majesties place , I would not suffer such things as I hear . If the words of Preachers ( said Iohn Knox ) shall be alwayes wrested in the worst part , then will it be hard to speak any thing so circumspectly ( providing that the truth be spoken ) which shall not escape the censure of the calumniator . The most vehement ( as ye speak ) and most excessive manner of Prayer that I use in publike , is this : O Lord , if thy good pleasure be , purge the heart of the Queens Majestie from the venome of Idolatry , and deliver her from the bondage and thraldom of Satan , into the which she hath been brought up , and yet remains , for the lack of true Doctrine ; and let her see , by the illumination of thy holy Spirit , That there is no means to please thee , but by Iesus Christ thy only Son ; and that Iesus Christ cannot be found , but in thy holy Word ; nor yet received , but as it prescribes , which is , To renounce our own wisedom , and preconceived opinion , and worship thee as it commands ; that in so doing , she may avoid the eternall damnation which is ordained for all obstinate and impenitent to thee ; and that this poor Realm may also escape that plague and vengeance which inevitably followeth Idolatry , maintained against thy manifest Word , and the light thereof . This ( said he ) is the form of common Prayer , as your selves can witnesse : Now what is worthy of reprehension in it , I would hear . There are three things in it ( said Lethington ) that never liked me ; and the first is , Ye pray for the Queens Majesty with a condition , saying , Illuminate her heart , if thy good pleasure be ; Wherein it may appear , That ye doubt of her conversion ; Where have ye the example of such Prayer ? Wheresoever the examples are ( said the other ) I am assured of the Rule , which is this , If we shall ask any thing according to his Will , he shall grant us : And our Master Christ Jesus commands us to pray unto our Father , Thy will be done . But ( said Lethington ) Where ever finde ye any of the Prophets so to have prayed ? It sufficeth me ( said the other ) my Lord , that the Master and Teacher both of Prophets and Apostles , hath taught me so to pray . But in so doing ( said Lethington ) ye put a doubt in the peoples heads of her conversion . Not I ( said the other ) but her own obstinate rebellion , causeth more then me to doubt of her conversion . Wherein ( said he ) rebells she against God ? In all the actions of her life ( said M. Knox ) but in these two Heads especially ; The former is , That she will not hear the Preaching of the blessed Evangel of Jesus Christ. 2. That she maintaineth that Idol the Masse . She thinks not that rebellion ( said Lethington . ) So thought they ( said the other ) that sometimes offered their children unto Molech ; and yet the Spirit of God affirms , That they offered them unto devils , and not unto God : And this day the Turks think they have a better Religion then the Papists have ; and yet I think ye will excuse neither of both from committing rebellion against God ; neither yet can ye do the Queen , unlesse ye will make God to be partiall . But ( said Lethington ) Why pray ye not for her , without moving any doubt ? Because ( said the other ) I have learned to pray in faith ; now faith ( ye know ) depends upon the Word of God ; and so it is that the Word teacheth me , That prayer profiteth the sons and daughters of Gods Election ; of which number if she be one or not , I have just cause to doubt ; and therefore I pray that God would illuminate her heart , if his good pleasure be so to do : But yet ( said Lethington ) ye can produce the example of none that so hath prayed before you . Thereto I have already answered ( said Iohn Knox ) But yet for further declaration , I will demand a question , which is this , Whether ye think that the Apostles prayed themselves , as they commanded others to pray , or not ? who doubts of that , said the company that were present . Well then , said Iohn Knox , I am assured , that Peter said these words to Simon Magus , Repent therefore of this thy wickednesse , and pray God , That if it be possible , the thoughts of thy heart may be forgiven thee . Here we may cleerly see , That Peter joynes a condition with his Commandment , That Simon should repent and pray ; to wit , If it were possible that his sin might be forgiven , for he was not ignorant , that some sinnes are unto death , and so without all hope of repentance , or remission . And think ye not ( my Lord Secretary , said he ) but that same doubt may touch my heart ; as touching the Queens conversion , that then touched the heart of the Apostle ; I would never ( said Lethington ) heare you , or any other call that in doubt : But your will ( said the other ) is no assurance to my conscience . And to speak freely , My Lord , I wonder if yee your self doubt not of the Queens conversion ; for more evident signes of Induration have appeared , and do appear in her , then Peter outwardly could have espyed in Simon Magus ; for albeit sometimes , he was a Sorcerer , yet joyned he with the Apostles , beleeved , and was baptized . And albeit , That the venome of Avarice remained in his heart , and that he would have bought the holy Ghost ; yet , when he heard the fearfull threatnings of God pronounced against him , he trembled ; desired the assistance of the Prayers of the Apostles ; and so humbled himself , so farre as the judgement of man could peirce , like a true penitent ; and yet we see that Peter doubts of his conversion ; Why then may not all the godly , justly doubt of the conversion of the Queen , who hath used Idolatry , which is also most odious in the sight of the most jealous God , and still continues in the same ; yet she despises all threatnings , and refuseth all godly admonitions . Why say ye , That she refuseth admonition , ( said Lethington ) she will gladly hear any man : But what obedience ( said the other ) to God or to his word ensues of all that is spoken unto her , or when shall she be seen to give her presence to the publike Preaching ; I think never ( said Lethington ) so long as she is thus used . And so long ( said the other ) yee , and all others must be content , that I pray so , as I may be assured to be heard of my God ; that is , That his good will may be done , either in making her comfortable to his Church ; or if that he hath appointed her to be a scourge to the same , That we may have patience , and she may be bridled . Well , ( said Lethington ) Let us come to the second head ? Where finde ye , that the Scriptures calls any the bond slaves of Satan , or that the Prophets of God spake of Kings and Princes , so irreverently . The Scripture , said Iohn Knox , saith , That by nature wee are all the sonnes of wrath : Our Master Christ affirmes , That such as doe sinne , are servants to sinne , and that it is the onely Sonne of God that sets men at freedome ; now what difference there is betwixt the sonnes of wrath , the servants of sinne , &c. And the slaves of Satan , I understand not , except I be taught ; And if the sharpnesse of the terme offend you , I have not invented that phrase of speech , but have learned it out of Gods Scriptures ; for these words I finde spoken unto Paul , Behold I send thee unto the Gentiles , to open their eyes , that they may turne from darknesse unto light , and from the power of Sathan unto God. Mark the words , my Lord , and stirre not at the speaking of the holy Ghost . And the same Apostle writing to his Scholler Timothius , sayes , Instruct with meeknesse those that are contrary minded , if that God at any time will give them repentance , that they may know the truth , and come to amendment out of the snare of the Devill , which are taken of him at his will. If your Lordship do rightly consider these sentences , you shall not onely finde my words to be the words of the holy Ghost , but also the condition which I use to adde , to have the assurance of Gods Scriptures . But they speak nothing against Kings in Scripture in speciall ( said Lethington ) and your continuall crying is , The Queens Idolatry , The Queens Masse will provoke Gods vengeance . In the former sentence ( said the other ) I hear not Kings and Queens excepted , but all unfaithfull are pronounced to stand in one rank , and to be in bondage to one Tyrant the Devill . But beleeve me , my Lord , you little regard the state wherein they stand , when you would have them so flattered , that the danger thereof should neither be knowne , neither yet declared to the people . Where will you finde ( said Lethington ) that any of the Prophets did so use Kings , Queens , Rulers or Magistrates . In more places then one , ( said the other ; ) Ahab was a King , and Iezabel a Queen , and yet what the Prophet Elias said to the one , and to the other I suppose you are not ignorant . That was not cried out before the people , ( said Lethington ) to make them odious unto their subjects . That Elias said , Doggs shall lick the blood of Ahab , ( said Iohn Knox ) and eate the flesh of Iezabell , the Scriptures assures me ; but that it was whispered in their Eares , or in a Corner , I read not ; but the plain contrary appears to me , which is , that both the people and the Court understood well enough what the Prophet had promised ; for so witnessed Iehu after that Gods vengeance had stricken Iezabell . These were singular motions of the Spirit of God ( said Lethington ) and appertaineth nothing to our age . Then hath the Scripture ( said the other ) deceived me , for Saint Paul teacheth me , that whatsoever is written within the holy Scriptures , the same is written for our instruction ; And my Master saith , That every learned Scribe brings forth of his Treasure , both things old and things new ; and the Prophet Ieremy affirmes , That every Realme or Citie that likewise offends , ( as then did Ierusalem ) should likewise be punished . Why then , that the facts of ancient Prophets , and the fearfull judgements of God , executed before us , upon the disobedient , appertain not unto our age , I neither see , nor yet can understand . But now to put an end to this Head , my Lord , ( saith he ) the Prophets of God have not spared to rebuke Kings , as well to their faces as before the people and subjects ; Elizeus feared not to say to King Iehoram , What have I to doe with thee , get thee to the other Prophets of thy Mother ; for as the Lord of Hostes liveth , in whose sight I stand ▪ if it were not that I regard the presence of Iehosaphat , the King of Iudah , I would not have looked toward thee , nor seene thee ? Plaine it is , that the Prophet was a Subject in the Kingdome of Israel , and yet how little reverence he giveth to the King ; we heare Ieremy the Prophet was commanded to Cry to the King and Queene , and to say , Behave your selves lowly , execute justice , and judgement , &c. or else your Carcasses shall be casten to the heate of the day , and unto the frost of the night . Unto Conias , Sullim , and Zedekias , he speaketh in speciall , and shewes to them in his publike Sermons their miserable ends ; and therefore yee ought not to thinke strange my Lord ( said he ) albeit the servants of God , taxe the vices of Kings and Queenes , even as well as of other offenders ; and that because their sinnes be more noysome to the Common-wealth , then are the sinnes of inferiour persons . The most part of this reasoning , Secretary Lethington leaned upon the Master of Maxwells Breast , who said , I am almost weary , I would some other would reason in the chief head , which is yet untouched . Then the Earle of Mortoune , Chancellor , commanded Master George Hay to reason against Iohn Knox in the head of obedience due to Magistrates , who began so to doe ; Unto whom Iohn Knox said , Brother , that ye shall reason in my contrary , I am well content , because I know you to be both a man of learning , and of modesty ; but that you shall oppose your selfe unto the Trueth , whereof I suppose your owne conscience is no lesse perswaded , then is mine , I cannot well approve ; for I would be sorry , that yee and I should be reputed to reason , as two Schollers of Pythagoras , to shew the quickenesse of our wit , as it were to reason on both parts : I protest here before God , That whatsoever I sustaine , I doe the same in conscience ; yea , I dare no more sustaine a proposition , knowne to my selfe untrue , then I dare teach false Doctrine , in the publike place ; And therefore Brother , if Conscience move you to oppose your selfe to that Doctrine which yee have heard out of my mouth , in that matter , doe it boldly , it shall never offend me ; But that yee shall bee found to oppose your selfe unto mee , yee being perswaded in the same Trueth ; I say yet againe , it pleaseth me not ; for therein may be greater inconveniency , then either yee or I doe consider for the publike . The said Master George answered , That I will not oppose my selfe unto you , as one willing to impugne or confute that Head of Doctrine , which not onely yee , but many others ; yea , and my selfe have affirmed , farre be it from me , for so should I be found contrarious to my selfe ; for my Lord Secretary knows , my judgement in that Head. Marry , said the Secretary , you are ( in my opinion ) the worst of the two , for I remember that your Reasoning when the Queen was in Carricke . Well said Iohn Knox , seeing Brother , God hath made you one to fill the chaire of verity ; wherein I am assured , we agree in all principall Heads of Doctrine ; Let it never be said , That we agree not in disputation . Iohn Knox was moved thus to speake , because he understood more of the craft then the other did . Well ( said Lethington ) I am somewhat better provided in this last Head , then I was in the other two : Master Knox , said he , yesterday we heard your Judgement upon the thirteenth to the Romanes ; we heard the minde of the Apostle well opened ; we heard the causes why God hath established powers upon the earth ; we heard of the necessitie that mankinde hath of the same ; and wee heard the dutie of Magistrates sufficiently declared ; But in two things I was offended , as I thinke some other more of my Lords that were present : which was , Ye made difference betwixt the Ordinance of God , and the persons that were placed in Authoritie : And ye affirmed , That men might refuse the persons , and yet not offend against Gods Ordinance ; This is one , the other yee had no time to explaine ; but this me thought ye meant , That Subjects were not bound to obey their Princes , if they command unlawfull things , but that they might refuse their Princes ; and that they were not ever bound to suffer . In very deed , said the other , ye have rightly both marked my words , and understood my minde ; for of that same Judgement I have long been , and yet so remaine . How will ye prove your division and difference ( said Lethington , ) and that the persons placed in Authoritie , may be resisted , and the Ordinance of God not transgressed , seeing that the Apostle saith , He that resisteth , resisteth the Ordinance of God. My Lord said he , The plaine words of the Apostle makes the difference , and the facts of many approved by God , prove my affirmative . First the Apostle affirmes , That the powers are ordained of God , for the preservation of quiet and peaceable men , and for the punishment of malefactors ; whereof it is plaine , That the Ordinance of God and the power given unto man , is one thing , and the person clad with the Authoritie , is another ; For Gods Ordinance is the conservation of mankinde , The punishment of vice , and the maintenance of vertue , which in it self , is holy , just , constant , stable , and perpetuall ; but men clad with the Authoritie , are commonly prophane and unjust ; yee , they are mutable , transitory , and subject to corruption , as God threateneth by his Prophet David , saying , I have said yee are gods , and every one of you the sonnes of the most high ; but yee shall dye as man , and the Princes shall fall like others . Here I am assured , That the persons , yee soule and body are threatned with death ; I think that so ye will not affirm , is the Authothority , the Ordinance , and the Power , wherewith God endeued such persons ; for ( as I have said ) it is holy , so is the permanent will of God. And now , my Lord , that the Prince may be resisted , and yet the Ordinance of God not violated : It is evident that the people resisted Saul , when he had sworn by the living God that Ionathan should die ; The people ( I say ) swore in the contrary , and delivered Ionathan , so that a hair of his head fell not : Now Saul was the Anoynted Ki●g , and they were his subjects , and yet they resisted him , that they made him no better then men sworn . I doubt ( said Lethington ) That in so doing , the people did well . The Spirit of God ( said the other ) accuses them not of any crime , but rather praises them , and condemnes the King , as well for his foolish vow and Law made without God , as for his cruell minde , that so severely would have punished an innocent man : But herein will I not stand ; this that followeth shall confirme the former . This same Saul commanded Abimelech and the Priests of the Lord to be slain , because they had committed Treason ( as he alleadged ) for intercommuning with David : His Guard , and principall servants , would not obey his unjust commandment ; But Doeg the flatterer put the Kings cruelty in execution . I will not ask your judgement , Whether that the servants of the King , in not obeying his Commandment , resisted the Ordinance of God , or not ; or , Whether Doeg , in murthering the Priests , gave obedience to a just Authority : For I have the Spirit of God , speaking by the mouth of David , for assurance , as well of the one , as of the other ; for he in his 52. Psalme , condemnes that fact , as a most cruell murther ; and affirms , That God would punish , not onely the commander , but also the mercilesse executer : And therefore I conclude , That they who gainstood his commandment , resisted not the Ordinance of God. And now ( my Lord ) to answer to the place of the Apostle , who affirms , That such as resist the Power , resist the Ordinance of God ; I say , That the power in that place is not to be understood of unjust commandment of men , but of the just power wherewith God hath armed his Magistrates and Lieutenants , to punish sin , and maintain vertue . And if any man should enterprise to take from the hands of the faithfull Judge a murtherer and adulterer , or any malefactor that deserved death , this same resisteth Gods Ordinance , and procureth to himself vengeance and damnation , because that he stayed Gods Sword from striking . But so it is , if men in the fear of God oppose themselves to the fury and blinde rage of Princes ; for so they resist not God , but the devill , who abuses the Sword and Authority of God. I understand sufficiently ( said Lethington ) what ye mean ; unto the one part I will not oppose my self , but I doubt of the other ; for if the Queen would command me to slay Iohn Knox , because she is offended at him , I would not obey her : But if she would command others to do it , or yet by colour of Justice take his life from him , I cannot tell if I be bound to defend him against the Queen and her Officers . With protestation ( said the other ) That the auditors think not that I speak in favour of my self , I say , my Lord , That if ye be perswaded of my innocency , and if God have given unto you such power and credit as might deliver me , and yet suffered me to perish , that in so doing , ye should be criminall and guilty of my blood . Prove that , and win the play ( said Lethington . ) Well , my Lord ( said the other ) remember your promise , and I will be short in my probation : The Prophet Ieremy was apprehended by the Priests and Prophets ( who were a part of the Authority within Ierusalem ) and by the multitude of the people , and this sentence was pronounced against him , Thou shalt die the death ; for thou hast said , This house shall be like Siloh , and this City shall be desolate , without any Inhabitant , &c. The Princes hearing the uprore , came from the Kings house , and sate down in Judgement in the entry of the new Gate of the Lords House ; And there the Priests and Prophets , before the Princes , and before all the people , intented their Accusation in these words ; This man is worthy to die ; for he hath prophesied against this City , and your eares have heard . Ieremiah answered , That whatsoever he had spoken , proceeded from God ; and therefore said he ; As for me , behold , I am in your hands , do with me as ye thinke good and right ; But know ye for certaine , That if ye put me to death , ye shall surely bring innocent blood upon your soules , and upon this Citie , and upon the inhabitants thereof : For of a truth , the Lord hath sent me unto you to speake all these words . Now , my Lord , if the Princes and the whole people should have been guilty of the Prophets blood , How shall ye , or others , be judged innocent before God , if ye shall suffer the blood of such as have not deserved their blood to be shed , when ye may save it . The causes were nothing alike ( said Lethington . ) And I would learn ( said the other ) wherein the dissimilitude stands . First ( said Lethington ) the King had not condemned him to death ; And next , The false Prophets , the Priests , and the People , accused him without a cause , and therefore they could not be guilty of his blood . Neither of these ( said Iohn Knox ) fights against my argument ; For albeit the King was neither present , nor yet had condemned him , yet were the Princes and chiefe Councellors there sitting in Judgement , who represented the Kings Authority , hearing the accusation laid unto the charge of the Prophet ; And therefore he forewarns them of the danger , as before is said ; to wit , That in case he should be condemned , and so put to death , That the King , the Councell , and the whole City of Ierusalem , should be guilty of his blood , because that he had committed no crime worthy of death : And if ye thinke that they all should have been criminall , onely because that they all accused him , the plain Text witnesseth the contrary ; for the Princes defended him , and so ( no doubt ) did a great part of the People ; and yet he boldly affirmed , That they should be all guilty of his blood , if he should be put to death . And the Prophet Ezekiel gives a reason , Why all are guilty of common corruption , Because ( saith he ) I sought a man amongst them , that should make up the hedge , and stand in the gap before me for the Land , that I should not destroy it , but I found none ; Therefore have I poured forth my indignation upon them . Hereof , my Lord , ( said he ) it is plain , That God craves , not onely that man should do no iniquity in his owne person ; but also that he oppose himself to all iniquity , so farre as in him lieth . Then will ye ( said Lethington ) make subjects to controll their Princes and Rulers . And what harme ( said the other ) should the Common-wealth receive , if the corrupt affections of ignorant Rulers were moderated , and so bridled by the wisedome and discretion of godly subjects , that they should do no wrong , nor no violence to any man. All this reasoning ( said Lethington ) is out of the purpose ; For we reason as if the Queen should become such an enemy to our Religion , that she should persecute it , and put innocent men to death ; while I am assured , she never thought , nor never will do ; For if I should see her begin at that end , yea , if I should suspect any such thing in her , I should be as farre forward in that argument , as ye , or any other within the Realme : But there is no such thing ; Our Question is , Whether that ye may suppresse the Queens Masse ; or , Whether that her Idolatry shall be laid to our charge . What ye may ( said Iohn Knox ) by force , I dispute not : But what ye may and ought to do by Gods expresse Commandment , that I can tell Idolatry ought not onely to be suppressed , but the Idolater also ought to die the death : But by whom ? By the people of God ( said the other ) for the Commandment was given to Israel , as ye may reade , Heare Israel , , ( sayes the Lord ) the Statutes and the Ordinances of the Lord thy God , &c. Yea , a Commandment is given , that if it be heard that Idolatry is committed in any one City , inquisition shall be taken ; and if it be found true , That then the whole Body of the People arise and destroy that City , sparing in it neither man , woman , nor childe . But there is no Commandment ( said the Secretary ) given to punish their King. If he be an Idolater , I finde no priviledge granted unto Kings ( said the other ) by God , more then unto the people , to offend Gods Majestie . I grant ( said Lethington ) but yet the people may not be judges to their King to punish him , albeit he be an Idoter . God ( said the other ) is the Universall Judge , as well unto the King , as to the People : So that what his Word commands to be punished in the one , is not to be absolved in the other . We agree in that ( said Lethington ) But the people may not execute Gods Judgements , but mst leave it unto himselfe , who will either punish it by Death , by Warre , by Imprisonment , or by some other kinde of his Plagues . I know ( said Iohn Knox ) the last part of the reason to be true : But for the first , That the people , yea , or a part of the people , may not execute Gods Judgements against their King , being an offendor : I am assured ye have no other Warrant , except your own imaginations , and the opinion of such as more fear to offend their Princes then God. Why say ye so ( said Lethington ) I have the judgement of the most famous men in Europe , and of such as ye your selfe will confesse both godly and learned . And with that he called for his Papers , which produced by Master Maitland , he bagan to reade with great gravity the Judgements of Luther , Melancthon , the mindes of Bucer , Musculus , and Calvin , how Christians should behave themselves in time of Persecution ; yea , the Book of Baruc was not omitted , with this conclusion , The gathering of those things ( said he ) hath cost me more travell then I thinke this seven yeers in reading Commentaries . The more pity ( said the other ) and yet what you have profited your own cause , let others judge . But as for my argument , I am assured you have infirmed it in nothing ; for your first two witnesses speak against the Anabaptists , who deny that Christians should be subject to Magistrates ; or yet that it is lawfull for a Christian to be a Magistrate : whose opinion , I no lesse abhor , then ye do , or any other that liveth . The others speak of Christians subject to Tyrants and Infidels , so dispersed , that they have no other force , but onely to sob unto God for deliverance ; that such ( indeed ) should hazard any further then these godly men wills them , I cannot hastily be of counsell : But my argument hath another ground ; for I speak of a people assembled in one Body of a Common-wealth , unto whom God hath given sufficient force , not onely to resist , but also to suppresse all kinde of open Idolatry : And such a people yet again I affirme , are bound to keep their Land clean and unpolluted . And that this my division shall not appear strange unto you , ye shall understand that God required one thing of Abraham and of his Seed , when he and they were strangers and Pilgrims in Egypt and Canaan ; and another thing required he of them , when they were delivered from the Bondage of Egypt , and the possession of the Land of Canaan granted unto them : The first , and during the time of their Bondage , God craved no more , but that Abraham should not defile himselfe with their Idolatry ; neither was he , nor his Posterity commanded to destroy the Idolls that were in Canaan , or in Egypt : But when God gave unto them possession of the Land , he gave unto them this strait Commandment , Beware that thou make not League or Confederacie with the inhabitants of this Land : give not thy sonnes unto their daughters , nor yet give thy daughters unto their sonnes , &c. But this ye shall do unto them , Cut down their Groves , destroy their Images , breake downe their Altars , and leave thou no kinde of remembrance of these Abominations which the Inhabitants of the Land used before ; for thou art a holy People unto the Lord thy God ; defile not thy selfe therefore with their gods , &c. To this Commandment , I say , are ye , my Lords , and all such as have professed the Lord within this Realme , bound ; for God hath wrought no lesse miraculously upon you , both Spiritually and Corporally , then he did unto the Carnall Seed of Abraham : For in what state your Bodies , and this poor Realme were , within these seven yeers , your selves cannot be ignorant ; you , and it were both in the Bondage of a strange Nation , and what Tyrants did raigne over your consciences , God perchance may yet again let you feel , because that ye do not rightly acknowledge and esteeme the benefits received , when our poore Brethren that were before us , gave up their bodies to the flames of fire , for the Testimony of Gods Truth . And when scarcely could be found ten in a Country that rightly knew God , it had been foolishnesse to have craved , either of the Nobility , or of the mean Subjects , the suppressing of Idolatry ; for that had been nothing , but to have exposed the simple Sheep in a prey to the Wolves : But since that God hath multiplyed knowledge , yea , and hath given the victory to his Truth , even in the hands of his servants , if yee suffer the Land again to be defiled , yee , and your Princes shall both drinke the cup of Gods indignation . The Queen , for her obstinate abiding in manifest Idolatry , in this great light of the Evangell of Jesus Christ ; And ye , for your permission and maintaining her in the same . ( Lethington said , ) In that point we will never agree . And where finde ye ( I pray you ) that ever any of the Prophets , or of the Apostles , taught such Doctrine , That the people should be plagued for the Idolatry of the Prince ; or yet , That the Subjects might suppresse the Idolatry of the Rulers , or them for the same . What was the Commission given unto the Apostles ? My Lord , ( said he ) we know it was to preach , and plant the Evangell of Jesus Christ where darknesse before had Dominion ; And therefore it behoved them to let them see the light , before that they should will them , to put their hands to suppresse Idolatry : What precepts the Apostles gave unto the faithfull in particular , other then that they commanded , all to fly from Idolatry , I will not affirme : But I finde two things which the faithfull did ; The one was , They assisted their Preachers , even against the Rulers and Magistrates ; The other was , They suppressed Idolatry , wheresoever God gave unto them force ; asking no leave of the Emperour , nor of his Deputies . Read the Ecclesiasticall Histories , and ye shall finde examples sufficient ? And as to the Doctrine of the Prophets , we know they were Interpreters of the Law of God ; and we know , They spake as well unto the Kings , as unto the People . I read that neither of both would heare them ; and therefore came the plague of God upon both ; but that they flattered the Kings , more then they did the people , I cannot be perswaded . Now Gods Law pronounces death ( as before I have said ) to Idolaters without exception of persons . Now , how the Prophets could rightly interpret the Law , and shew the cause of Gods Judgements , which ever they threatned , should fall for Idolatry , and for the rest of the abhominations that did accompany it ( for it is never alone , but still corrupt Religion brings with it , a filthy , and corrupt life . ) How ( I say ) the Prophets could reprove the Vice , and not shew the people their duty , I understand not ; And therefore , I constantly beleeve , That the Doctrine of the Prophets was so sensible , That the Kings understood their own abhominations ; and the people understood , what they ought to have done in punishing and repressing them . But because that the most part of the People was no lesse Rebellious unto God , then were their Princes ; Therefore the one , and the other , conjured against God , and against his servants . And yet my Lord , The facts of some Prophets are so evident , That thereby we may collect what Doctrine they taught ; For it were no small absurdity to affirme , that their facts did repugne to their Doctrine . I think ( said Lethington ) ye meane of the History of Iehu , What will yee prove thereby ? The chief head ( said Iohn Knox ) that ye deny , to wit , That the Prophets never taught , that it appertained to the people to punish the Idolatry of their Kings : The contrary whereof I affirme ; and for the probation , I am ready to produce the fact of a Prophet . For ye know my Lord ( said he ) that Elizeus , sent one of the children of the Prophets to annoint Iehu , who gave him a commandment to destroy the house of his Master Achab for the Idolatry committed by him ; and for the innocent blood that Iezabell his wicked Wife had shed . While he obeyed and put in full execution ( for the which ) God promised unto him , the stability of the Kingdome , unto the fourth Generation . Now ( said he ) here is the fact of a Prophet , that proves , that Subjects were commanded to execute Gods judgements upon their King and Prince . There is enough ( said Lethington ) to be answered thereto ; For Iehu was a King before he put any thing in execution . And besides , That the fact is extraordinary , and ought not to be Imitate : My Lord ( said the other ) he was a meere Subject , and no King , when the Prophets servant came unto him ; yea , and albeit that his fellow Captaines hearing of the Message , blew the Trumpet , and said , Iehu is King ; yet I doubt not , but Iezabel both thought , and said , that he was a Traytor ; and so did many others that were in Israel , and in Samaria . And as touching , That ye alleadge , that the fact was extraordinary , and is not to be imitate : I say , That it had the ground of Gods ordinary judgement , which commandeth the Idolater to dye the death . And therefore , I yet againe affirme , That it is to be Imitate of all those that preferres the true Honour of the true Worship and Glory of God , to the affection of flesh , and wicked Princes . We are not bound ( said Lethington ) to follow extraordinary examples , unlesse we have the like commandment and assurance . I grant ( said the other ) if the example repugne to the Law ; As if an avaritious and deceitfull man would borrow Silver , Rayment , or other necessaries from his Neighbour , and withhold the same ; alleadging , that so he might do , and not offend God ; because the Israelites at their departure forth of Egypt , did so to the Egyptians . The example served to no purpose , unlesse that they could produce the like cause , and the like commandment that the Israelites had ; and that because their fact repugned to this Commandment of God , Thou shalt not steale : But where the example agrees with the Law , and is , as it were the execution of Gods judgement , expressed within the same ; I say , That the example approved of God , stands to us in place of a Commandment ; For as God in his Nature , is constant and immutable , so can he not condemne in the Ages subsequent , that which he hath approved in his servants before us ; but in his servants before us , he by his own word confounds all such as crave further approbation of Gods will , then is already expressed within his Scriptures ; For Abraham said , They have Moses and the Prophets , whom if they will not beleeve , neither will they beleeve , albeit that any of the dead should rise . Even so ( I say ) my Lord , that such as will not be taught what they ought to do by the Commandment of God once given , and once put in practise , will not beleeve nor obey , albeit , that God should send Angels from Heaven to instruct that Doctrine . Yee have produced but one example ( said Lethington ) one sufficeth ( said the other ; ) but yet God be praised we lacke not others ; for the whole people conspired against Amasiah King of Iuda , after that he had turned away from the Lord , and followed him to Lachis , and slew him , and took Uzziah and annointed him King in steed of his father . The people had not altogether forgotten the League and Covenant , which was made betwixt their Kings and them , at the Inauguration of Iohas his Father ; to wit , That the King and the People should be the People of the Lord , and then should they be his faithfull Subjects . From the which Covenant when first the Father , and after the sonne had declined , they were both punished to death , Ioas by his own servants , and Amasias by the whole people . I doubt ( said Lethington ) whether they did well , or not . It shall be free for you ( said the other ) to doubt as you please , but where I finde execution according to Gods Law , and God himselfe not to accuse the doers , I dare not doubt of the equity of their cause . And farther it appeareth to me , that God gave sufficient approbation and allowance of their fact , for he blessed them with victory , peace and prosperity the space of fiftie two yeers after . But prosperity ( said Lethington ) does not alwayes prove that God approves the facts of men . Yes , ( said the other ) when the facts of men agree with the Law of God , and are rewarded according to his owne promise expressed in his Law ; I say , that the prosperitie succeeding the fact , is a most infallible assurance that God hath approved that fact . Now so it is That God hath pronounced in his Law , That when the people shall exterminat and destroy such as decline from him , that hee will blesse them and multiplie them , as he hath promised unto their Fathers . But so it is that Masiah turned from God ( for so the Text doth witnesse , and plaine it is the people slew their King ; and like plain it is , that God blessed them : Therefore yet againe conclude I , that God himselfe approved their fact , and so farre as it was done according to his commandement , it was blessed according to his promise . Well , ( said Lethington ) I thinke not the ground so sure , as I durst build my Conscience thereupon . I pray God ( said the other ) that your Conscience have no worse ground then this is whensoever you shall begin the like work which God in your owne eyes hath already blessed . And now , my Lord , ( saith hee ) I have but one example to produce , and then I will put an end to my reasoning , because I am weary longer to stand . Commandment was given that he should sit downe ; but he refused , and said , Melancholly reasons would have some mirth intermixed : My last example , ( said he ) my Lord is this , Uzziah the King not content with his Royall Estate , malapertly took upon him to enter within the Temple of the Lord to burn Incense upon the Altar of Incense ; and Azariah the Priest , went in after him , and with him fourscore Priests of the Lord , valiant men , and they withstood Uzziah , and said unto him , It appertaineth not unto thee , ( Uzziah ) to burn Incense unto the Lord , but to the Priest● the Sonnes of Aaron , that are consecrated to offer Incense ; Goe forth of the Sanctuary , for thou hast transgressed , and thou shalt have none honour of the Lord. Hereof , my Lords , I conclude , That Subjects not onely may , but also ought to withstand and resist their Princes , whensoever they doe any thing that expressely repugnes to God , his Law , or holy Ordinance . They that withstood the King ( said Lethington ) were not simple subjects , but were the Priests of the Lord , and figures of Christ , and such Priests have we none this day to withstand Kings if they doe any wrong . That the High Priest was the figure of Christ ( said the other ) I grant , but that he was not a subject , that I deny ; for I am assured , that he in his Priesthood had no Prerogative above those that passed before him ; now so it is , that Aaron was subject to Moses , and called him his Lord ; Samuel being both P●ophet and Priest , subjected himselfe unto Saul after hee was inaugurated of the People ; Sadoc bowed before David ; and Abiathar was deposed from the Priesthood by Solomon , which all confessed themselves subjects to the Kings , albeit therewith they ceased not to be the figures of Christ. And whereas you say , we have no such priests this day , I might answer , That neither have we such Kings this day as then were annointed by Gods commandment , and sate upon the seate of David , and were no lesse the figure of Christ Jesus in their just administration , then were the Priests in their appointed Office ; and such kings ( I am assured ) we have not now no more then wee have such Priests ; for Christ Jesus being annointed in our nature of God his Father , both King , Priest and Prophet , hath put end to all externall unction . And yet I thinke you will not say that God hath now diminished his graces from those whom he appoints Ambassadours betwixt him and his people , then he doth from Kings and Princes ; and therefore why the servants of Jesus Christ may not also justly withstand Kings and Princes that this day no lesse offend Gods Majestie then Uzziah did , I see not ; unlesse that ye will not say , that we in the brightnesse of the Evangell , are not so straitly bound to regard Gods glory , nor his Commandments , as were the Fathers who lived under the dark shadows of the Law. Well ( said Lethington ) I will dip no farther in that Head ; but how resisted the Priests the King , they onely spake unto him , without further violence intended . That they withstood him ( said the other ) the Text assures me , but that they did nothing but speak , I cannot understand ; for the plain Text affirms the contrary , to wit , That they caused him hastily to depart from the sanctuary , yea , and that he was compelled to depart ; which manner of speaking ( I am assured ) in the Hebrew Tongue , importeth more then exhorting , or commanding by word . They did that ( said Lethington ) after he was espyed to be leprous . They withstood him before , ( said the other ) but yet their last fact confirms my proposition so evidently , that such as will oppose themselves unto it , must needs oppose themselves unto God ; for my assertion is , That Kings have no priviledge more then hath the people to offend Gods Majestie , and if so they do , they are no more exempted from the punishment of the Law , then is any other subject ; yea , and that subjects may not onely lawfully oppose themselves to their Kings , whensoever they do any thing that expresly oppugnes Gods Commandment , but also that they may execute judgement upon them , according to Gods Law ; so that if the King be a Murtherer , Adulterer , or an Idolater , he should suffer according to Gods Law , not as a King , but as an offender : And that the people may put Gods Law in execution , this History cleerly proveth ; for how soon that the Leprosie appeared in his forehead , he was not onely compelled to depart out of the Sanctuary , but also he was removed from all publike society and administration of the Kingdom , and was compelled to dwell in a house apart , even as the Law commanded ; and gat no greater priviledge in that case , then any other of the people should have done : And this was executed by the people ; for it was no doubt but more were witnesses of his Leprosie then the Priests alone ; but we finde none oppose themselves to the sentence of God pronounced in his Law against the Leprosie : And therefore yet again I say , That the people ought to execute Gods Law , even against their Princes , when that their open crimes by Gods Laws deserve punishment ; but especially , when they are such as may infect the rest of the multitude . And now , my Lords , ( said he ) I will reason no longer , for I have spoken longer then I intended . And yet ( said Lethington ) I cannot tell what shall be the conclusion . Albeit ye cannot ( said the other ) yet I am assured what I have proved ; to wit , 1. That subjects have delivered an innocent from the hands of their King , and therefore offended not God. 2. That subjects have refused to strike innocents , when a King commanded , and in so doing , denied no just Obedience . 2. That such as strook at the commandment of the King , were before God reputed mutherers . 4. That God hath not onely of a subject made a King , but also he armed subjects against their naturall King , and commanded them to take vengeance upon them , according to his Law. 5. And lastly , That Gods people hath executed Gods Law against their King , having no further regard to him in that behalf , then if he had been the most simple subject within the Realme . And therefore , albeit ye will not understand what should be concluded , yet I am assured , That not onely may Gods people , but also , That they are bound to do the same , where the like crimes are committed , and when he gives to them the like power . Well ( said Lethington ) I think ye shall not have many learned men of your opinion . My Lord , ( said the other ) the Truth ceaseth not to be Truth , howsoever it be , That men must either know it , or gainstand it . And yet ( said he ) I praise God , I lack not the consent and approbation of Gods servants in that Head. And with that he presented unto the Secretary the Apologie of Magdeburgh , and willed him to reade the names of the Ministers , who had subscribed the defence of the Town to be a most just defence ; and therewith added , That to resist a misled King , is not to resist God , nor yet his Ordinance , &c. Who when he had read , he stouped and said , Homines obscuri . The other answered , Dei tamen servi . And Lethington arose , and said , My Lords , ye have heard the reasons upon both parts ; it becomes you now to decide , and to put an order unto Preachers , that they be uniform in Doctrine . May we ( think ye ) take the Queens Masse from her ? While that some began to give , as it were ▪ their Votes ( for some were appointed , as it were , leaders of the rest ) Iohn Knox said ; My Lords , I suppose you will not do contrary to your Lordships promise made to the whole Assembly , which was , That nothing should be voted in secret , till that first all matters should be debated in publike , and that then the Votes of the whole Assembly should put end to the controversie . Now have I onely sustained the argument , and have rather shewn my conscience in most simple manner , then that I have insisted upon the force and vehemency of any one argument : And therefore I for my part utterly disassent from all voting , untill the whole Assembly have heard the Propositions and the Reasons of both parties ; for I unfainedly acknowledge , That many in that company are more able to sustain the argument then I am . Think ye it reasonable ( said Lethington ) That such a multitude as are now convened , should reason and vote in such heads and matters that concerns the Queens Majesties own Person and Affairs . I think ( said the other ) That whatsoever should binde the multitude , the multitude should hear it ; unlesse they have resigned their power to Commissioners , which they have not done , so far as I understand ; for my Lord Justice Clerk heard them with one voyce say , That in no wise would they consent that any thing there should be voted or concluded . I cannot tell ( said Lethington ) if my Lords that be here present , and that bear the burthen of such matters , should be bound to their will : What say ye , my Lords , ( said he ) will ye vote in this matter , or will ye not vote ? After long reasoning , some that were made for the purpose , said , Why may not the Lords vote , and then shew unto the Church whatsoever is done ? That appears to me ( said Iohn Knox ) not onely a backward order , but a tyranny usurped upon the Church : But for me , do as ye list ( said he ) for as I reason , so I wrote ; yet protesting as before , That I disassent from all voting , till that the whole Assembly understand as well the questions as the reasons . Well ( said Lethington ) that cannot be done now , for too much time is spent ; And therefore , my Lord Chancellor ( said he ) ask ye the votes , and take ever , one of the Ministers , and one of us . And so was the Rector of Saint Androes commanded first to speak his conscience : Who said , I refer it to the Superintendent of Fyfe , for I think we are both of one judgement : and yet ( said he ) if ye will that I speake first , my conscience is this , That if the Queen oppose her self to our Religion ( which is the onely true Religion ) that in that case the Nobility and States of this Realme , professors of the true Doctrine , may justly oppose themselves to her : But as concerning her Masse , I know it is Idolatry , but I am not yet resolved , Whether by violence we may take it from her , or not . The Superintendent of Fyfe said , That same is my conscience : And so affirmed some of the Nobility . But others voted frankly , and said , That as the Masse is abominable , so it is just and right that it should be suppressed ; And that in so doing , men did no more hurt to the Queens Majesty , then they that should by force take from her a poysoned cup , when she were a going to drink in it . Last Master Iohn Craig , fellow Minister with Iohn Knox in the Church of Edinburgh , was required to give his judgement and vote ; who said , I will gladly shew unto your Honours what I understand ; but I greatly doubt , Whether my knowledge and conscience shall satisfie you , seeing you have heard so many reasons , and are so little moved by them : But yet I will not conceale from you my judgement , adhering first to the Protestation of my Brother , to wit , That our voting prejudge not the Liberty of the Generall Assembly . I was ( said he ) in the University of Bonnonia , in the yeer of our Lord 1554. where , in the place of the black-Friers of the same Town , I saw in the time of their Generall Assembly this Conclusion set forth ; the same I heard reasoned , determined and concluded , to this sense . Conclusion . ALl Rulers , be they Supreme or Inferiour , may and ought to be reformed or bridled ( to speak moderately ) by them by whom they are chosen , confirmed or admitted to their Office , so oft as they break that promise made by Oath to their subjects ; Because that the Prince is no lesse bound by Oath to the subjects , then are the subjects to their Princes ; And therefore ought it to be kept and reformed equally , according to Law , and Condition of the Oath that is made of either party . This Conclusion ( my Lords ) I heard sustained and concluded , as I have said , in a most notable Auditory . The sustainer was a learned man , Master Thomas de Finola , Rector of the University , a man famous in that Countrey : Master Vincentins de Placentia affirmed the Conclusion to be most true and certain , agreeable both with the Law of God and man. The occasion of this disputation and conclusion , was a certain disorder and tyranny that was attempted by the Popes Governours , who began to make Innovations in the Countrie against the Laws that were before established , alleadging themselves not to be subject to such Laws , by reason that they were not instituted by the People , but by the Pope , who was King of that Countrey : And therefore they having full Commission and Authority of the Pope , may alter and change Statutes and Ordinances of the Countrey , without any consent of the people . Against this usurped Tyranny , the learned and the people opposed themselves : And when that all reasons which the Popes Governours could alleadge were heard and consulted , the Pope himself was fain to take up the matter , and to promise , not onely to keep the Liberty of the people , but also that he should neither abrogate any Law nor Statute , neither yet make any new Law , without their owne consent : And therefore , my Lord , ( said he ) my Vote and my Conscience is , That Princes are not onely bound to keep Laws and Promises to their subjects ; But also , That in case they fail , they justly may be bridled : For the Band betwixt the Prince and the People is reciprocall . Then start up a claw-back of that corrupt Court , and said , Ye wot not what ye say ; for ye tell us what was done in Bononia ; we are a Kingdom , and they are a Common-wealth . My Lord , ( said he ) my judgement is , That every Kingdom is , or at least should be a Common-wealth , albeit that every Common-wealth be not a Kingdom ; And therefore I think that in a Kingdom no lesse diligence ought to be taken that Laws ought not to be violated , then they ought to be in a Common-wealth , because that the tyranny of Princes who continuing in a Kingdom , is more hurtfull to the subjects , then is the mis-government of those that from yeer to yeer are changed , in free Common-wealths : But yet , my Lord , to assure you , and all others , that Head was disputed to the uttermost ; and then in the end was concluded , That they spake not of such things as were done in divers Kingdoms and Nations , by Tyrannie and negligence of people : But we conclude ( said they ) what ought to be done in all Kingdoms and Common-wealths , according to the Law of God , and unto the just Laws of man : And if by the negligence of the people , by the tyranny of Princes , contrary Laws have been made , yet may that same people , or their posterity , justly crave all things to be reformed according to the originall institution of Kings and Common-wealths ; and such as will not so do , deserve to eat the fruit of their own foolishnesse . M. Iames Markgow , then Clerk of the Register , perceiving the Votes to be different , and hearing the bold plainnesse of the foresaid servant of God , said , I remember that this same question was long debated on before in my house ; and there , by reason we were not all of one minde , it was concluded , That M. Knox in all our names , should have written to M. Calvin , for his jugement in the controversie . Nay , ( said M. Knox ) my Lord Secretary would not consent that I should write , alleadging , That the greatest weight of the answer stood in the Narrative ; and therefore promised , that he would write , and that I should see it : But when divers times I required him to remember his promise , I found nothing but delay . Whereunto the Secretary answered , True it is , I promised to write ; and true it is , That M. Knox required me so to do ; but when I had ripely advised , and deeply considered the weight of the matter , I found more doubts then I did before : And this is one , amongst others ; How durst I , being a subject , and the Queens Majesties Secretary , take upon me to seek resolution of controversies depending betwixt her Highnesse and her subjects , without her own knowledge and consent . Then was an acclamation of the claw-backs of the Court , as if Apollo had given his Responce : It was wisely and faithfully done . Well ( said Iohn Knox ) let worldly men praise worldly wisdome so highly as they please , I am assured , that by such shifts Idolatry is maintained , and the truth of Jesus Christ is betrayed , whereof God one day will be avenged . At the and at the like sharpnesse were many offended , the Voting ceased , and every Faction began to speak as affection moved ; then Iohn Knox in the end was commanded yet to write to Master Calvin , and to the learned in other Churches , to know their judgement in that Question ; which he refused , shewing his Reason , I my self am not onely full resolved in conscience , but also I have heard their judgements , in this and all other things that I have affirmed within this Realme , of the most godly and most learned that he knew in Europe ; I came not to this Realme without their Resolution ; and for my assurance I have the hand-writing of many : And therefore if I should now move the said Questions again , what should I do other , but either shew mine own ignorance and forgetfulnesse , or else inconstancy : And therefore it may please you to pardon me , in that I write not . But I will teach you the surer way , which is , That you write and complain upon me , That I teach publikely , and affirme constantly such doctrine which offends you ; and so shall you know their plain mindes , and whether that they and I agree in judgement , or not . Divers said the offer was good , but no man was found that would be the Secretary , and so did that Assembly and long reasoning break up ; After the which time the Ministers ( that were called precise ) were holden as Monsters of all the Courtiers . In all that time the Earle of Murray was so frame and strange to Iohn Knox , that neither by word nor writ was there any Communication betwixt them , &c. The end of the long reasoning betwixt John Knox and the Secretary , in the moneth of June , 1564. The end of the fourth Book . THE FIFTH BOOK Of the Reformation of the CHURCH Of SCOTLAND . IN the next Moneth , which was Iuly , the Queen went into Athole to the Hunting ; and from thence she made her Progresse into Murray , and returned to Fyfe in September . All this while there was appearance of love and tender friendship betwixt the two Queens ; For there was many Letters , full of Civility and Complements sent from either of them to the other , in signe of Amity ; besides costly Presents for Tokens . And in the mean time the Earle of Lenox laboured to come home forth of England , and in the moneth of October he arrived at Halyrud-house , where he was graciously received by the Queens Majestie ; namely , When he had presented the Queen of England her Letters , written in his favour : And because he could not be restored to his Lands without Act of Parliament , therefore there was a Parliament procured to be holden at Edinburgh the 13 day of December : But before the Queen would cause to Proclaim a Parliament , she desired the Earle of Murray , by whose means chiefly the said Earle of Lenox came into Scotland , That there should no word be spoken , or at least concluded , that concerned Religion in the Parliament . But he answered , That he could not promise it . In the mean time , the Hamiltons and the Earle of Lenox were agreed . At the day appointed , the Parliament was held at Edinburgh , where the said Earle of Lenox was restored , after two and twenty yeers Exile : He was banished , and forfeited by the Hamiltons , when they had the rule . There were some Articles given in by the Church , especially for the abolishing of the Masse universally , and for punishment of vice ; but there was little thing granted , save that it was Statute , That scandalous livers should be punished first by prison , and then publikely shewne unto the people with ignominy ; but the same was not put in execution . In the end of this moneth of December , the generall Assembly of the Church was held at Edinburgh , many things were ordained for setling of the affaires of the Church . In the end of Ianuary the Queen past to Fyfe , and visiting the Gentlemens houses , was magnificently banquetted every where , so that such superfluity was never seen before within this Realme ; which caused the wilde Fowl to be so dear , that Partridges were sold for a crown a piece . At this time was granted by an Act of Parliament , the confirmation of the Fewes of Church Lands , at the desire of divers Lords , whereof the Earle of Murray was chief . During the Queens absence , the Papists of Edinburgh went down to the Chappell to hear Masse ; and seeing there was no punishment , they waxed more bold : some of them thinking thereby to please the Queen , upon a certain Sunday in February they made an Evensong of their own , setting two Priests on the one side of the Quire , and one or two on the other side , with Sandy Stevin , Menstrall ( Baptizing their children , and making Marriages ) who within eight dayes after convinced of Blasphemy , alleadging , That he would give no more credit to the New Testament , then to a Tale of Robin-Hood , except it were confirmed by the Doctors of the Church . The said superstitious Evensong was the occasion of a great slander , for many were offended with it ; which being by the Brethren declared to the Lords of the Privy Councell , especially to the Earle of Murray , who lamented the cause to the Queens Majestie , shewing her what inconveniency should come , if such things were suffered unpunished : And after sharp reasoning it was promised , That the like should not be done hereafter : The Queen also alleadged , That they were a great number ; and that she could not trouble their conscience . About the 20 of this moneth arrived at Edinburgh , Henry Stewart , Lord Darley ; from thence he past to Fyfe : And in the Place of Weemes he was admitted to kisse the Queens hand ; whom she liked so well , that she preferred him before all others ; As shall hereafter , God willing , be declared . Soon after , in the Moneth of March , the Earle Bothwell arrived out of France ; whereat the Earle of Murray was highly offended , because of the evil report made to him of the Lord Bothwell ; And passing immediately to the Queens Majestie , demanded of her if it was her will , or by her advice , that he was come home ; and seeing he was his deadly enemy , either he or the other should leave the Countrey , and therefore desired that he might have Justice . Her answer was , That seeing the Earle Bothwell was a Noble-man , and had done her service , she could not hate him : Neverthelesse she would do nothing that might be prejudiciall to the Earle of Murray , but desired that the matter might be taken away : within few days she caused summon the Earl Bothwell , to answer to the course of Law the 2 of May , for the Conspiracy which the Earl of Arrane had alleadged two yeers before , and for the breaking of the Ward of the Castle . In the mean while there was nothing in the Court , but Banquetting , Balling , and Dancing , and other such pleasures as were meet to provoke the disordered appetite ; and all for the entertainment of the Queens Cousin from England , the Lord Darley , to whom she did shew all the expressions imaginable of love and kindenesse . Within few dayes , the Queen being at Sterlin , order was given to Secretary Lethington to passe to the Queen of England : The chief point of his Message was , to declare to the Queen of England , That the Queen was minded to marry her Cousin the Lord Darley ; and the rather , because he was so neer of Blood to both Queens : For by his mother , he was Cousin German to the Queen of Scotland , also of neer kindred , and of the same name by his father : His mother was Cousin German to the Queen of England . Here mark Gods providence ; King Iames the fifth having lost his two sons , did declare his resolution to make the Earl of Lenox his Heir of the Crown ; but he prevented by sudden death , that designe ceased : Then come the Earle of Lenox from France , with intenion to marry King Iames his Widow ; but that failed also : He marries Mary Dowglas , and his son marrieth Mary , King Iames the fifth his daughter : And so the Kings desire is fulfilled , to wit , The Crown continueth in the Name and in the Family . The Queen of England , neverthelesse , shewed her self nothing pleased therewith , but rather declared , That she would in no wise suffer her subjects to make such Contracts or Alliance that might be prejudiciall to her , and for the same purpose sent a Post to the Queen with Letters , wherein she complained greatly of the mind of our Mistris , seeing the great affection she bare to her , intending to declare her Heretrix of her Realm of England , providing onely that she would use her counsell in Marriage ; but she could not approve her Marriage with the Lord Darley , although he was their neer Cousin by Birth , since he was below the Rank of the Queen by Condition , being but a private subject . At the same time she wrote to the Earle of Lenox , and to his son , commanding them to repair both into England . Some write , That all this was but counterfeit by the Queen of England ; and from her heart she was glad of the Marriage ; for by that means the Succession of the Crown of England was secured , the Lord Darley being the right Heir after the Queen of Scotland : and Queen Elizab. was not angry to see her married to one of inferiour Rank , for by that means she thought the Scots Queen would be lesse proud . During this time , there were certain Letters directed to the Brethren of Edinburgh , to Dundie , Fyfe , Angus and Mernes , and other places , from the Brethren of Kyle , and other places in the West Countrey , desiring the professors of the Evangel in all places , to remember what the Eternall God had wrought , and how potently he had abolished all kinde of Idolatry and superstition , and placed his Word in this Realm ; so that no man could say otherwise , but it was the Work of God ; who also had delivered this Countrey from the bondage and tyranny of strangers : Neverthelesse by our slothfulnesse , we have suffered that Idol the Masse , not onely to be planted again , but to encrease so , that the maintainers thereof are like , by all appearance , to get the upper hand , which would be the occasion of our destruction : And for that the Papists purposed to set up their Idol at Easter following , in all places ; which was to be imputed to the slothfulnesse , and want of godly zeal of the Professors : Therefore they admonished the Brethren to strive to avert the evil in time , & not to suffer such wickednesse to continue and encrease , lest that Gods heavie wrath come upon us unawares like a consuming fire . By these Letters many Brethren were animated , and their spirits wakened , minding to provide as God should give them grace : And first of all , by the advice of the most learned in Edinb . there was a Supplication made , and given to the Queens Majestie by the Superintendent of Lowthian , containing in effect . That the Church in generall of the Realme had divers times most humbly craved of her Majesty , That committers of Adultery should be punished according to the Law of God , and the Acts of Parliament , neverthelesse they continued in their wickednes ; and the Papists of obstinate malice pretended nothing else , but to erect and set up their Idolatry and Superstition ; and especially at Easter day following they intended to put the same in practice , which the Brethren and Professors of the Evangel could not suffer ; Therefore wished her Majestie to take heed of the matter . This Supplication the Secretary received of the hands of the Superintendents of Lowthian and Glasgow , and told them , in the Queenes Name , That there should be such provision made , as should serve to their contentment : And for the same purpose , the Queens Majestie writ to all such places as were suspected , especially to the Bishop of Saint Andrewes and Aberdeine ( as was said ) not to use any Masse ; And that they should not do any such thing as was feared by the Protestants , or convene any Councell , and thereto commanded them . Now the Communion was administred in Edinburgh the first day of April , 1565. At which time , because it was neer Easter , the Papists used to meet at their Masse : And as some of the Brethren were diligent to search such things , they having with them one of the Bayliffs , took one Sir Iames Carvet riding hard , as he had now ended the saying of the Masse , and conveyed him , together with the Master of the house , and one or two more of the assistants , to the Tolbuith , and immediately revested him with all his Garments upon him , and so carried him to the Market-Crosse , where they set him on high , binding the Chalice in his hand , and himself fast tyed to the ●aid Crosse , where he tarried the space of one hour ; During which time , the boyes served him with his Easter egges . The next day following , the said Carvet , with his assistants , were accused and convinced by an Assize , according to the Act of Parliament : And albeit for the same offence he deserved death , yet for all punishment , he was set upon the Market-Crosse for the space of three or four hours , the hang-man standing by , and keeping him , the boyes and others were busie with egges casting ; and some Papists there were , that stopped as far as they could : And as the preasse of people encreased about the Crosse , there appeared to have beene some tumult . The Provest , Archibald Dowglas , came with some Halberdiers , and carried the Priest safe againe to the Tolbuith . The Queen being advertised , and having received sinister information that the Priest was dead , suddenly thought to have used and inflicted some extreme punishment , for she thought that all this was done in contempt of her , and of her Religion ; and it was affirmed , That the Towne should have beene sacked , and a great number executed to death ; she sent to such as she pleased , commanding them to come to her at Edinburgh suddenly with their whole Forces ; and in the mean time she sent her Advocate Master Spence of Condie to Edinburgh , to take a sure triall of the matter . The Provest and Councell wrote to the Queen the truth of the matter as it was , desiring her Majestie to take the same in good part , and not to give credit to false reports ; and therewith sent to her Majestie the Processe and enrolment of the Court of the Priest Conviet . Thus the Queens Majesty being informed of the truth by her said Advocate , sent againe and stayed the said meeting of men , and sent to the Town a grave Letter , whereof the Copie followeth . ❧ The Queens Letter to the Provest , Bailiffe , and Councell of Edinburgh . PRrovest , Bayliffe and Councell of our Citie of Edinburgh , We received your Letter from our Advocate , and understand by this report what diligence you took to stay the Tumult in the late disorder attempted at Edinburgh ; wherein , as you did your duty in suppressing the Tumult , so can we not take in good part , nor thinke our self satisfied of so notorious a thing , without certain seditious persons , who were pleased to do justice perforce and without the Magistrates Authoritie , be condignly and really punished for their rashnesse and misbehaviour ; for if all private Persons should usurpe to take vengeance at their owne hands , What lies in ours ? And to what purpose hath good Laws and Statutes been established ? Since therefore we have never been obstinate to the due punishment of any offendors , prescribed by the Lawes , but have alwayes maintained Iustice in that case without respect of persons . It is Our will , and We command you , as you will answer to Us upon your obedience and allegiance , That you will take before you certaine of the most responsall persons which are declared Authors of the said Sedition , and usurpers of our Authority , and to administer Iustice upon them , in such sort as We may know a sinceritie on your parts , and Our Authority no wayes slighted . But if you faile , perswade your selves , ( and that shortly ) we will not oversee it , but will account this Contempt not onely to be in the Committers thereof , but in your selves , who ought to punish it , and relieve us on our part , remitting the rest to your diligence and execution , which we look for so soon as reason will permit . Subscribed with Our Hand at STERLIN , this 24 of April , Anno 1565. BY this manner of writing and high threatning , may be perceived how grievously the Queens Majestie would have been offended if the said Tarbot and Masse-monger had been handled according to his demerite , being not onely a Papist Idolater , but a manifest Whoremaster , and a common Fighter and blasphemer ; neverthelesse within few dayes the Queen charged the Provest and Bailiffs to set him at libertie , commanding them further , That no man should trouble nor molest him in any sort for whatsoever cause , and soon after rewarded him with a Benefice , and likewise his Assisters Iohn Low and Iohn Kennedie set at libertie in the same manner . At this Easter-Tyde in Sterlin the Queen made her domestick servants use Papisticall Rites and Ceremonies , and more , she perswaded others by faire means to do the same , and threatned those that were most constant at the Earle of Cassels House . Upon the second day of May 1565. conveened at Edinburgh the Earle of Murray with his friends in great numbers to keepe the day of Law against the Earle Bothwell , who being called , appeared not , onely the Laird of Rickerton protested , That the personall absence of the Earle Bothwell should not be prejudiciall to him , by reason that for just fear , which might happen in the heart of any man , since he had so potent an enemy as the Lord of Murray , who , next the Queens Majesty was of greatest estimation and Authority of any man within this Realm , to whom assisted at this present day of Law , seven or eight hundred men , which Force he could not resist , and therefore had absented himself ; which Protestation being made , those that had been Sureties for his appearance , were Outlawed . The said Earle Bothwell a few dayes after past into France , after he had been in Liddesdale , where suspecting almost every man , he was not in great assurance of his life , notwithstanding he was not put to the Horne , for the Queen continually bore a great favour towards him , and kept him to be a Souldier , as appeared within lesse then half a year ; for she would not suffer the Lord Morton , nor my Lord Ariskin , my Lord of Murrayes great friends to keep the day ; There assisted my Lord of Murray , the Earles of Argyle , Glencarne , and Crawford , with great numbers , and many Lords and Barons , who for the most part conveened the same Afternoon to Treat and Consult for the maintaining of Religion ; where some Articles were devised , and delivered to the Lord of Murray to be presented to the Queens Majestie and privie Councell , which Articles were enlarged at the generall assembly following , as shall be declared . In the meane time , as they were informed in Court of this great Assembly of people in Edinburgh , they were affraid , for naturally the Queen-hated and suspected all such Conventions as were not in her own presence , and devised by her self . The chief Counsellors in the Court , were the Earls of Lenox and Athole . The Queen writ incontinent for all the Lords to come to Sterlin , so soone as she was advertised that they had Treated in Edinburgh of Religion ; She Writ likewise for the superintendants and other learned men who went thither , and being there they caused to keep the Ports or Gates , and make good Watch about the Towne . The speciall cause of this Convention was to give to the Lord Darley Title of Honour openly and solemnly , with consent of the Nobles , before the marriage . The fourth day of May the Earle of Murray came to Sterlin , where he was well received by the Queens Majestie , as appeared , and immediately , as he past with her to my Lord Darleys Chamber , they presented to him a Contract , containing in effect , That forasmuch , as , or since , the Queen had contracted Marriage with the Lord Darley , and that therefore sundry Lords of the Nobilitie had under-written , ratified and approved the same , and obliged themselves to grant unto him in full Parliament the Crowne Matrimoniall , ( by a new Court Solecisme in Policie , the Crowne for the second time is sirnamed Matrimoniall ; ( before , when the Queen was first married , it was so called also ) to serve and obey him and her as their Lawfull Soveraignes . The Queen desired my Lord Murray to subscribe , as many others had done before ; which hee refused to do , Because ( said he ) it is required necessarily that the whole Nobility be present , at least the principall , and such as he himself was posteriour unto , before that so grave a matter should be advised and concluded . The Queens Majesty no wayes content with this Answer , insisted still upon him , saying , The greatest part of the Nobilitie were there present and content with the matter , wished him to be so much a Stewart , as to consent to the keeping of the Crown in the Family , and the sirname , according to their Fathers Will and desire , as was said of him a little before his death : But he still refused for the causes above written . Now as the Lords were assembled , an Ambassadour from England named sir Nicholas Throckmorton arrived at Sterlin , and in his company the Laird of Lethington ; the Ambassadour was at the Castle Gate or ever they were aware ; and as he stood there in the Entry , he was desired to passe to his Lodgings . The next day he had audience of the Queen , and was graciously received according to the dignity of his Message . The whole summe of this his Message was , to shew and declare to the Queene , how highly the Queene his Mistris was offended with this precipitated Marriage , and wondred what had moved her to take a man of inferiour rank and condition , to her selfe : And therefore disswaded her therefrom . And specially desiring her most earnestly to send home her Subjects the Earle of Lennox and the Lord Darley : But all in vaine for the matter was well farre proceeded . In her heart Queen Elizabeth was not angry at this marriage ; first , because if Q. Mary had married a forraigne Prince , it had been an accesse to her Greatnesse , and consequently she had been more redoubted by the other ; next both Harry and Mary were alike and in equall degree of Consanguinitie unto her , the father of Mary and the mother of Harry being Children to her fathers sister . With many fair words the Queen let the Ambassadour depart , promising to do all she could to satisfie the Queen of England ; and for the same purpose she would send an Ambassador to her . In the meane time the Queens marriage with the Lord Darley , was prepared and propounded in Councell , and the chief of the Nobilitie , such as the Duke , the Earles of Argyle , Murray , Glencarne , with the rest , granted freely to the same , providing that they might have the Religion established in Parliament , by the Queene , and the Idolatrous Masse and Superstition abolished , shortly it was concluded , That they should convene again to Saint Iohnstoun , where the Queen promised to take a finall order for Religion . The day was appointed , to wit , the last of May at Perth , my Lord of Argile came too late . The Queens Majestie communed with the Lords , who were very plain with her , saying , Except the Masse were abolished , there should be no quietnesse in the Countrey . The twelfth day of May the Lord Darley was Belted , ( that is , Created ) Earle of Rosse , with great solemnity , a Belt or Girdle being tyed about his waste or middle ; and albeit all kinde of provision was made to make him Duke of Rothesay , yet at that time it came not to effect , albeit the Crown and Robe-Royall were prepared to him for the same . For the entertainment of this Triumph there were many Knights made , to the number of 14. The next day , which was the 13 of May , the Queen called for the Super-intendants , by name Iohn Willock , Iohn Winram , and Iohn Spotswood , whom she cherished with fair words , assuring them that she desired nothing more earnestly then the glory of God and satisfying of mens consciences , and the good of the Common-wealth ; and albeit she was not perswaded in any Religion but in that wherein she was brought up , yet she promised to them that she would hear Conference and Disputation in the Scriptures : And likewise she would be content to hear publike preaching , but alwayes out of the mouth of such as pleased her Majestie ; and above all others she said she would gladly hear the Superintendant of Angus ( for he was a milde and sweet natur'd man ) with true honesty and uprightnesse . Sir Ariskin of Dun. Soon after the Queen past to Saint Iohnstons , after that she had directed Master Iohn Hay Prior of Monimusk to passe to England , who sped at the Queen of Englands hand even as sir Nicholas Throckmorton did in Scotland . Before the day , which was appointed for the meeting at Saint Iohnston , my Lord of Murray most carefull of the maintenance of Religion , sent to all the principall Churches , advertising them of the matter , and desiring them to advise , and send the most able men in Learning and Reputation , to keep the day ; but their craft and dissimulation appeared , for the Dean of Restalrigge who lately arrived out of France , with others , such as Mr. Iohn Lesley Parson of Vure , afterward Bishop of Rosse , caused the Queen to understand that thing whereof she was easily perswaded , to wit , That there ought to be given to all men libertie of conscience , and for this purpose to shun or put off the first day appointed ; The Queen writ to the Nobility , that because she was informed that there was great meetings out of every Shire and Town in great number ; and then the other partie ( so termed she the Papists ) were minded together to the said Convention , which should apparently make trouble or sedition , rather then any other thing ; therefore she thought it expedient , and willed them to stay the said meetings , and to deferre the same till such a day that she should appoint with advice of her Councell . At this time there was a Parliament proclaimed to be held at Edinburgh the twentieth day of Iuly . By this Letter , some of the Protestants having best judgement , thought themselves sufficiently warned of the Inconveniences and troubles to come . Now her Councell at this time , was onely the Earles of Lenox and Athole , the Lord Ruthen , but chiefely David Rizio the Italian ruled all ; yet the Earle of Rosse already in greatest credit and familiarity . These Letters were sent out to the Lords about the eight and twentieth day of May ; and within twelve dayes thereafter , she directed new Missives to the chief of the Nobility , desiring or , commanding them , to come to Saint Iohnston the three and twentieth day of Iune following , to consult upon such things as concerned Religion , and other things as her Majesty should propose ; Which day , was even the day before that the generall Assembly should have been held in Edinburgh . This last Letter uttered the effect of the former ; so that the Protestants thought themselues sufficiently warned . Always as the Earle of Murray was passing to Saint Iohnston to have kept the said day , he chanced to fall sick of the Fluxes in Lochlevin , where he remained till the Queen came forth of Saint Iohnston to Edinburgh , where the generall Assembly of the whole Church of Scotland was held , the four and twentieth day of Iuly . The Earls of Argyle and Glencarne assisted the Church with a great company of Lords , Barons , and others : It was there ordered and concluded , That certain Gentlemen , as Commissioners from the Church National , should passe to the Queens Majesty , with certain Articles , to the number of six , desiring her most humbly to ratifie and approve the same in Parliament . And because the said Articles are of great weight , and worthy of memory , I thought good to insert the same word by word . IMprimis , That the Papisticall and Blaspemous Masse , with all Papisticall Idolatry , and Papall Iurisdiction , be universally supprest and abolisht thorowout this Realme , not onely in the Subjects , but also in the Queens own Person , with punishment against all persons that should be deprehended to transgresse and offend in the same : And that the sincere Word of God , and Christs true Religion now at this present received , be published , approved , and ratified , thorowout the whole Realm , as well in the Queens owne Person , as in the subjects : And that the people be to resort upon the Sundayes at the least , to the Prayers , and Preaching of Gods Word , even as they were before to the Idolatrous Masse : And these Heads to be provided by Act of Parliament , and ratified by the Queens Majesty . Secondly , That provision be made for sustentation of the Ministry , as well for the time present , as the time to come : And that such persons as are presently admitted to the Ministery , may have their Livings assigned unto them , in places where they travell in their Calling , or at least next adjacent thereto : And that the Benefices now vacant , or hath been vacant since the Moneth of March , 1558. or that hereafter shall happen to be vacant , be disposed to qualified and learned persons , able to preach Gods Word , and discharge the Vocation concerning the Ministery , by Tryall and Admission of the Superintendents and Overseers : And that no Benefice or Living , having many Churches annexed thereunto , be disposed altogether in any time to come , to any man , but at the least the Churches thereof be severally disposed , and that to severall persons ; So that every man having Charge , may serve at his owne Church , according to his Vocation : And to that effect , likewise the Gleebs and the Manses , be given to the Ministers , that they may make residency at their Churches , whereby they may discharge their consciences according to their Vocation ; and also that the Kirks may be repaired accordingly ; And that a Law be made and established hereupon by Act of Parliament , as said is . Thirdly , That none be permitted to have charge of Souls , Colledges , or Universities , neither privately or publikely teach & instruct the youth , but such as shall be tried by the Superintendents or Visitors of Churches , and found sound and able in Doctrine , and admitted by them to their Charges . Fourthly , For the sustentation of the poor ; That all Lands founded for Hospitality of old , be restored again to the same use : And that all Lands , Annals , Rents , or any other Emoluments pertaining any wayes sometimes to the Friers , of whatsoever Order they had been of ▪ As likewise the Annuities , Alterages , Obits , and the other Duties pertaining to Priests , to be applied to the sustentation of the poor , and uphold of the Town-Schools in Towns , and other places where they be . Fifthly , That such horrible crimes as now abound within this Realme without any correction , To the great contempt of God and his Word ; such as Idolatry , Blasphemie of Gods Name , manifest breaking of the Sabbath day , Witchcraft , Sorcery , Inchantment , Adultery , manifest Whoredome , maintenance of Bordals , Murther , Slaughter , Oppression , with many other detestable Crimes , may be severely punished ; and Iudges appointed in every Province and Diocesse , for execution thereof , with power to do the same ; and that by Act of Parliament . Lastly , That some order be devised and established for ease of the poor Labourers of the Ground , concerning the reasonable payment of the Tythes , who are oppressed by the Leasers of the Tythes set over their heads without their own con-consent and advise . The persons who were appointed by the Church to carry these Articles and present them to the Queens Majestie , were the Lairds of ●unningham-Head , Lundie , Spot and Grange of Angus , and Iames Baron for the Broughs : These five past from Edinburgh to Saint Iohnston , where they presented the said Articles to the Queens Majestie , desiring and requiring her Highnesse most humbly to advise therewith , and to give them answer . The next day , ere they were aware , the Queen departed to Dunkeld , and immediately they followed ; And after they had gotten audience , they desired the Queens Majestie most humbly to give their dispatch . She answered , That her Councell was not there present , but she intended to be in Edinburgh within eight dayes , and there they should receive their answer . At the same time , as the generall Assembly was holden in Edinburgh , the Brethren perceiving the Papists to brag , and trouble like to be , they assembled themselves at Saint Leonard Cragg , where they concluded they would defend themselves ; and for the same purpose , elected eight persons of the most able , two of every Quarter , to see that the Brethren should be ready armed . And when the five Commissioners above named had waited upon the Court four or five dayes after her Majesties coming to Edinburgh , there the matter was proposed in Councell : And after long and earnest reasoning upon these Articles , at length it was answered to the Commissioners by the Secretary , That the Queens Majesties command was , That the matter should be reasoned in her presence ; which for the gravity of the same , there could nothing be concluded at that time , albeit the Queens Majestie had heard more in that matter , then ever she did before : But within eight dayes thereafter , she understood that a great part of the Nobility should be present in Edinburgh , where they should have a finall answer . At length , the one and twentieth of August , they received the answer in Writing in her presence , according to the Tenour hereof as followeth . The Queens Majesties Answer to the Articles presented to Her Highnesse , by certain Gentlemen , in the Name of the whole Assemblie of the Church . TO the first , Desiring the Masse to be suppressed and abolished , as well in the Head , as in the Members , with punishment against the Contraveners ; As also , the Religion professed to be established by Act of Parliament , it was answered , first for her Majesties part , That her Highnesse is no way yet perswaded in the said Religion , nor yet that any impiety is in the Masse ; and therefore believeth , That her loving subjects will not presse her to receive any Religion against her conscience , which should be unto her a continuall trouble by remorse of conscience , and therewith a perpetuall unquietnesse . And to deale plainly with her Subjects , her Majesty neither will , nor may leave the Religion wherein she hath been nourished and brought up ; and believeth the same to be well grounded ; Knowing , besides the grudge of conscience that she should receive , upon the change of her owne Religion , That she should lose the friendship of the King of France , the married Allia of this Realme , and of other great Princes her Friends and Confederates , who would take the same in evil part , and of whom she may look for their great support in all her necessities ; And having no assured consideration that may countervaile the same , she will be loth to put in hazard all her friends at an instant , praying all her loving subjects , seeing they have had experience of her goodnesse , that she hath neither in times past , nor yet intends hereafter , to presse the conscience of any , but that they may worship God in such sort , as they are perswaded in their conscience to be best , That they will also not presse her conscience . As to the establishing of Religion in the Body of the Realme , they themselves know , as appears by their Articles , That the same cannot be done onely by consent of her Majestie , but requires necessarily the consent of the States in Parliament , and therefore so soon as the Parliament holds , those things which the States agree upon amongst themselves , her Majestie shall consent unto the same ; and in the mean time shall make sure , That no man be troubled for ●sing Religion according to conscience ; So that no man shall have cause to doubt , That for Religions sake mens Lives and Heritage shall be in any hazard . To the second Article , it is answered , That her Majestie thinks it no wayes reasonable , that she should defraud her self of so great a part of the Patrimony of the Crowne , as to put the Patronage of Benefices forth of her own hands ; for her owne necessity , in bearing of her Port and common Charges , will require the retention thereof , and that in a good part , in her owne hands : Neverthelesse her Majestie is well pleased , That consideration being had of her owne necessity ; And what may be sufficient for the reasonable sustentation of the Ministers , a speciall Assignation be made to them in places most commodious and meet : With which her Majesty shall not meddle , but suffer the same to come to them . To the third Article it is answered , That her Majestie shall do therein as shall be agreed by the States in Parliament . To the fourth Article , Her Majesties liberality towards the poore shall alwayes be so far extended , as can be reasonably required at her hands . To the fifth and sixth Articles , Her Majesty will refer the taking order therein , unto the States assembled in Parliament . As the Queens Majestie came from Saint Iohnston , over Forth to the Callender , she was conveyed to the Water side of Forth with two hundred Spears : For at that time it was bruted , That there was some lying in wait at the Path of Dron . In the mean time the Earle of Murray was in Locklevin , and the Earle of Argyle with him . Now in the Callender the Lord Levingston had desired the Queens Majestie to be Witnesse to the Christning of a childe ; For his Lady was lately delivered and brought to Bed : And when the Minister made the Sermon and Exhortation concerning Baptisme , the Queens Majestie came in the end , and said to the Lord Levingston , That she would shew him that favour that she had not done to any other before ; that is , That she would give her presence to the Protestant Sermon , which was reckoned a great matter . The Queen being in the Callender , was informed both by word and Letters by false Brethren , That a great part of the Protestants of Edinburgh had lately convened upon Saint Leonards Craigs , and there made a Conspiration against her ; And had chosen for the same purpose , certain Captains to governe the rest ; And without any Tryall , or perfect notice taken in the Case , she sent to the Provest and Bayliffs of Edinburgh , commanding them to take and apprehend Alexander Guthrie , Alexander Clerke , Gilbert Lawder , and Andrew Slater , and put them in prison in the Castle . This new and unaccustomed fashion of proceeding seemed to be very strange : And because the said four persons were not apprehended , she sent the next day a Charge to the Provest and Bayliffs , and to her owne great Treasurer , to passe to the houses of the said foure men , and likewise to their Booths or Shops , and there to take Inventory of all their Goods and Chattells ; And commanded the said Treasurer to take the Keyes of the said Houses and Booths , together with the said Inventory ; which was executed in effect , especially upon the said Alexander Guthrie his wife , he being then common Clerke , and one of the greatest in estimation within the Towne ; his wife and children were shut out of their house , and compelled to seek some other lodging in the Town . By this manner of proceeding , the hearts of all men of spirit and judgement were wonderfully abashed and wounded , seeing and perceiving these things so furiously handled upon sinister and wrong Information , men never called to their answer , nor heard , nor any triall taken therein . Immediatly thereafter as she came to Edinburgh , she called to counsell such as pleased her Majestie , and there complains of the said matter , alleadging it to be a Conspiracy and manifest Treason . And another matter likewise was complained upon , That the Earle of Argile ( as the Queen was surely informed ) was riding with a great Army to invade the Earle of Athole and his Lands . For the first matter it was concluded by the Councell , That diligent inquisition should be made in the matter , and to that purpose appointed the Queens Advocates M. Iohn Spence of Condie , and M. Robert Crichton to examine such as they would ; and when the said Advocates had called before them , and examined a sufficient number , and their depositions subscribed and delivered to the Queen , there was nothing found worthy of death nor Treason ; at length the said four persons were summoned to answer at Law. For the matter , That the Queens Majesty should send to the Earles of Argyle and Athole some of her Councell or familiar servants to take order touching it . And when the Secretary , the Justice Clarke and Lord of Saint Colme had past to the said Earle of Argyle , they found no such thing ; but in Athole there was great fear come of a sudden fray ; for after many Proclamations , the Fire-Crosse ( which they made use of in lieu of Beacons ) was raised in Athole . Now as the day of the Parliament approached , the Lords pretending to consult before , what should be done , as well in Religion , as for the Commonwealth , the fifteenth day of Iuly there conveened at Sterlin the Duke , the Earles of Argyle and Murray , Rothes , and other Lords and Barons , and as they were devising and consulting , the Queens Majesty taking their meeting in evill part , sent her Advocates Master Iohn Spence and Master Crichton to them at Sterlin , requiring the cause of their meeting ; they answered , That the speciall occasion of their meeting was for the cause of Religion and the assurance thereof , according as they had lately written to the Queens Majesty in S●aton from the town of Edinburgh , they desiring then to prorogate the day . Finally , when the said Advocates could by no means perswade them to come to Edinburgh , they returned again to Edinburgh and declared to the Queens Majestie according as they had found . In the mean time the Parliament was prorogated at the Queens Majesties command to the first of September next after following ; for it was thought , That the least part and principall of the chiefe Nobility being absent , there could no Parliament be holden : at the same time the Queens Majestie perceiving that the matter was already come to a maturity and ripenesse , so that the mindes and secrecy of mens hearts must needs be disclosed , she wrote to a great number of Lords , Barons , Gentlmen , and others that were nearest in Fife , Angus Lowthian , Mers Tevimdale , Perth , Lithgow Clidsdall , and others to resort to her , in this forme of words hereafter following . The Queens Letter . TRusty friend , We greet you well ; we are grieved indeed by the evill bruite spread amongst our Lieges , as that we should have molested any man in the using of his Religion and Conscience freely , a thing which never entred into our minde ; yet since we perceive the too easie beleeving such reports hath made them carelesse , and so we think it becomes us to be carefull for the safety and preservation of our state ; wherefore we pray you most affectionately , That with all possible hast ( after the receipt of this our Letter ) you with your kindred , friends and whole Force , well furnished with Arms for Warre , be provided for , fifteen dayes after your coming , addresse you to come to us , to waite and attend upon us , according to our expectation and trust in you , as you will thereby declare the good affection you bear to the maintenance of our Authoritie , and will doe us therein acceptable service . Subscribed with Our Hand at Edinburgh , the seventeenth day of July , 1565. THere was likewise Proclamation made in Edinburgh , That the Queen minded not the trouble , nor alter the Religion ; and also Proclamations made in the Shires above mentioned , for the same purpose , That all Freeholders and other Gentlemen should resort ( in the aforesaid manner ) to Edinbronth , where the Earle of Rosse was made Duke of Rothesay , with great triumph , the 23 day of Iuly . The same afternoon the Queen complained grievously upon the Earle of Murray in open audience of all the Lords and Barons ; and the same day the Bans of the Earle of Rosse , and Duke of Rothesay , and the Queens Marriage were proclaimed . About this time the Lord Arskin was made Earle of Marre . In the mean time there were divers Messages sent from the Queens Majestie to the Lord of Murray , first , Master Robert Crichton to perswade him by all meanes possible to come and resort to the Queens Majestie : his answer was , That he would be glad to come to her self , according to his bounden duty ; yet for as much as such persons as were most privie in her company , were his capitall enemies , who also had conspired his death , he could no wayes come so long as they were in Court. Soon after my Lord Erskin and the Master Maxwell past to him to S. Andrews , rather suffered and permitted by the Queen , then sent by her Highnesse ; after them the Laird of Dun , who was sent by the means of the Earl of Mar , but all this did not prevail with him ; and when all hope of his coming was past , an Herald was sent to him , charging him to come to the Queens Majesty , and answer to such things as should be laid to his charge within eight and fourty hours next after the Charge , under pain of Rebellion ; and because he appeared not the next day after the eight and forty hours , he was denounced Rebell , and put to the Horne . The same order they used against the Earle of Argyle , for the Queen said she would serve him and the rest with the same measure they had mete to others , meaning the said Argyle . In the mean while , as the fire was well kindled , and enflamed , all means and wayes were sought , to stir up enemies against the chief Protestants that had been lately at Sterlin ; for the Earle of Athole was ready bent against the Earle of Argyle : the Lord Lindsay against the Earle Rothesse in Fyfe , they being both Protestants ; for they had contended now a long time for the Heir-ship of Fyfe : And that no such thing should be left undone , the Lord Gordon , who now had remained neer three yeers in prison in Dumbar , was , after some little travell of his friends , received by the Queen ; and being thus received into favour , was restored first to the Lordship of Gordon , and soon after to the Earldom of Huntley , and to all his Lands , Honours and Dignities , that he might be a bar and a party in the North to the Earle of Murray . The 18 of Iuly , late in the evening , neer an hour after the Suns going down , there was a Proclamation made at the Market-Crosse of Edinburgh , containing in effect : THat forasmuch as at the will and pleasure of Almighty God , the Queen had taken to her husband a right excellent and illustrious Prince , Harry Duke of Rothesay , Earle of Rosse , Lord Darley , Therefore it was her Will , That he should be holden and obeyed , and reverenced as King : Commanding all Letters and Proclamations to be made in the Names of Henry and Mary in times coming . The next day following , at six hours in the morning , they were marryed in the Chappell Royall of Halyrud-house , by the Dean of Lestarrig ; the Queen being all clothed in Mourning : But immediately , as the Queen went to Masse , the King went not with her , but to his Pastime . During the space of three or four dayes , there was nothing but Balling and Dancing , and Banqueting . In the mean time , the Earle Rothesse , the Laird of Grange , the Tutor Pitcur , with some Gentlemen of Fyfe , were put to the Horne , for none appearance ; And immediately the Swash , Tabron , and Drums , were stricken or beaten , for men of War to serve the King and Queens Majestie , and to take their Pay. This sudden alteration , and hasty creation of Kings , moved the hearts of a great number . Now amongst the people there were divers brutes ; for some alleadged , That the cause of this alteration was not for Religion , but rather for hatred , envie of sudden promotion or dignity , or such worldly causes : But they that considered the progresse of the matter , according as is heretofore declared , thought the principall cause to be onely for Religion . In this mean time , the Lords past to Argyle , taking apparantly little care of the trouble that was to come : Howbeit they sent into England M. Nicolas Elphinston for support , who brought some Moneys in this Countrey , to the sum of ten thousand pounds sterlin . There came one forth of England to the Queen , who got Presence the seventh of August in Halyrud-house . He was not well , &c. About the fifteenth of August , the Lords met at Aire , to wit , the Duke Hamilton , the Earles Argile , Murray , Glencarne , Rothesse , the Lord Boyd , and Ochiltrie , with divers Barons and Gentlemen of Fife and Kyle , where they concluded to be in readinesse with their whole Forces the four and twentieth day of August . But the King and Queene with great cerity prevented them , for their Majesties sent thorow Lowthian , Fife , Angus , Stratherne , Tividaile and Chiddisdaile and other Shires , making their Proclamations in this manner , That forasmuch as certaine Rebels , who ( under colour of Religion ) intended nothing but the trouble and subversion of the Common-wealth , were to convene with such , as they might perswade to assist them ; therefore they charged all manner of men under pain of Life , Lands , and Goods , to resort and meet their Majesties at Linlithgow the 24 day of August . This Proclamation was made in Lowthian the third pay of the said moneth . Upon Sunday the ninteenth of August , the King came to the high Kirke of Edinburgh , where Iohn Knox made the Sermon ; his Text was taken out of the six and twentieth Chapter of Esayas his Prophesie , about the thirteenth Verse , where in the words of the Prophet , he said , O Lord our God , other Lords then thou have ruled over us . Whereupon he tooke occasion to speake of the government of wicked Princes , who for the sinnes of the people are sent as Tyrants and scourges to plague them : And amongst other things he said , That God sets in that room ( for the offences and ingratitude of the people ) Boyes and women . And so other words which appeared bitter in the Kings ears , as , That God justly punished Ahab and his Posterity , because he would not take order with that Harlot Iezabel . And because he had tarried an hour and more , longer then the time appointed , the King ( sitting in a Throne made for that purpose ) was so moved at this Sermon , that he would not Dine ; and being troubled , with great fury he past in the afternoon to the Hawking . Immediately Iohn Knox was commanded to come to the Councell , where in the Secretaries Chamber were convened the Earle of Athole , the Lord Ruthven , the Secretary , the Justice Clarke , with the Advocate . There passed along with the Minister a great number of the most apparent men of the Towne . When he was called , the Secretary declared , That the Kings Majestie was offended with some words spoken in the Sermon , ( especially such as are above rehearsed ) desiring him to abstaine from preaching for fifteen or twenty dayes , and let Master Craig supply the place . He answered , That he had spoken nothing but according to his Text , and if the Church would command him either to speake or abstain , he would obey so far as the Word of God would permit him . Within four dayes after , the King and Queen sent to the Councell of Edinburgh , commanding them to depose Archibald Dowglas , and to receive the Laird Craigmiller for their Provest , which was presently obeyed . The five and twentieth of August the King and Queens Majesties past from Edinburgh to Linlithgow , and from thence to Sterlin , and from Sterlin to Glasgow . At their first arrivall , their whole people were not come . The next day after their arrivall to Glasgow , the Lords came to Paisley , where they remained that night , being in company about one thousand horses . On the morrow they came to Hamilton , keeping the high passage from Paisley hard by Glasgow , where the King and Queen easily might behold them . The night following , which was the penult of August , they remained in Hamilton with their Company ; but for divers respects moving them , they thought it not expedient to tarry ; especially , because the Earle of Argyle was not come ; for his Diet was not afore the second of September following , to have been at Hamilton . Finally , they took purpose to come to Edinburgh , the which they did the next day . And albeit Alexander Areskin , Captain under the Lord his brother , caused to shoot forth of the Castle two Shot of Cannon , they being neer the Towne ; And likewise that the Laird Craigmiller Provest , did his endeavour to hold the Lords forth of the Towne , in causing the common Bells to be rung , for the convening of the Towne , to the effect aforesaid , yet they entred easily at the West Port or Gate , without any molestation or impediment , being in number , as they esteemed themselves , one thousand three hundred Horses . Immediately they dispatched Messengers Southward and Northward to assist them ; but all in vain : And immediately after they were in their Lodgings , they caused to strike or beat the Drum , desiring all such men as would receive Wages for the defence of the Glory of God , That they should resort the day following to the Church , where they should receive good Pay : But they profited little that way ; neither could they in Edinburgh get any comfort or support , for none or few resorted unto them ; yet they got more rest and sleep when they were at Edinburgh , then they had done in five or six nights before . The Noble-men of this Company were , The Duke , The Earles Murray , Glencarne , and Rothesse ; The Lords Boyd and Uchiltrie ; The Lairds of Grange , Cunningham-head , Balcomie , and Lavers ; The T●tor of Pitcur ; The Lairds of Barr , Carmell , and Dreghorn ; And the Laird of Pittarow Comptroller , went with them : Some said merrily , That they were come to keepe the Parliament , for the Parliament was continued till the first day of September : Upon the which day they wrote to the King and Queens Majesties a Letter , containing in effect , That albeit they were persecuted most unjustly , which they understood proceeded not of the King and Queens Majesties own Nature , but onely by evil Counsell , yet notwithstanding they were willing and content to suffer according to the Lawes of the Realm , providing that the true Religion of God might be established , and the dependants thereupon be likewise reformed : Beseeching their Majesties most humbly to grant these things : But otherwise , if their enemies would seek their blood , they should understand , It should be dear bought . They had written twice , almost to the same effect , to the King and Queens Majesties , after their passing from Edinburgh ; for the Laird of Preston presented a Letter to the King and Queens Majestie , and was therefore imprisoned , but soon after released ; neverthelesse they got no answer . The same day that they departed out of Hamilton , the King and Queens Majesties issued out of Glasgow in the morning betimes : And passing towards Hamilton , the Army met their Majesties neer the Bridge of Cadder : As they mustered , the Master of Maxwell sate downe upon his knees , and made a long Oration to the Queen , declaring what pleasure she had done to them , and ever laid the whole burden upon the Earle Murray . Soon after , they marched forward in Battell aray : The Earle of Lenox took the Van-guard , the Earle of Mortoun the middle Battell , and the King and Queen the Reere : The whole number were about five thousand men , whereof the greatest part were in the Van-guard . As the King and Queens Majesties were within three miles of Hamilton , they were advertised that the Lords were departed in the morning ; but where they pretended to be that night , it was uncertain : Alwayes soon after their returne to Glasgow , the King and Queen were certainly advertised , That they were past to Edinburgh ; and therefore caused immediately to warne the whole Army to passe with them to Edinburgh the next day ; who early in the morning , long before the Sun was risen , began to march : But there arose such a vehement Tempest of winde and raine from the West , as the like had not been seen before in a long time ; so that a little brook , turned incontinent into a great River ; and the raging storme being in their face , with great difficulty went they forward : And albeit the most part waxed weary , yet the Queens courage encreased man-like so much , that she was ever with the foremost . There was divers persons drowned that day in the water of Carren ; and amongst others , the Kings Master , a notable Papist , who for the zeal he bare to the Masse , carried about his neck a round god of bread , well closed in a Case , which alwayes could not serve him . Before the end of August , there came a post to the Queens Majestie , sent by Alexander Areskin , who declared , That the Lords were in the Town of Edinburgh , where there was a multitude of innocent persons , and therefore desired to know if he should shoot . She commanded incontinent that he should return again to the said Alexander , and command him , in her name , That he should shoot so long as he had either Powder or Bullet , and not spare for any body . At night , the King and Queen came well wet to the Callender , where they remained that night , and about eight hours at night , the first of September , the Post came again to the Castle , and reported the Queenes Command to Alexander Areskin , who incontinently caused to shoot six or seven shot of Cannon , whereof the marks appeared , having respect to no reason , but onely to the Queens Command . The Lords perceiving that they could get no support in Edinburgh , nor Souldiers for money , albeit they had travelled all that they could ; and being advertised of the Queens returning with her whole Company , they took purpose to depart : And so the next day betimes , long before day , they departed with their whole Company , and came to Lanrik , and from thence to Hamilton , where the Master of Maxwell came to them , with his Uncle the La●rd of Dumlanrick . And after consultation , the said Master wrote to the Queens Majesty , That being required by the Lords as he was passing homeward , he could not refuse to come to them ; and after that he had given them counsell to disperse their Army , they thought it expedient to passe to Dumfreis to repose them , where they would consult and make their Officers , and send to their Majesties : And thus beseeching their Majesties to take this in good part . The Town of Edinburgh sent two of the Councell of the Town to make their excuse . The next day the King and Queen past to Sterlin , and sent to Edinburgh , and caused a Proclamation to be made , commanding all men to returne to Glasgow , where having remained three or four dayes : And understanding that the Lords were past to Dumfreis , they returned to Sterlin , and from thence to Fyfe ; And in their passage , caused to take in Castle Campbell , which was delivered without impediment to the Lord of Sanquhar . Before the King and Queen went out of Sterlin , there came from Edinburgh two Ensignes of Foot-men , to convey them into Fyfe . In the mean time the Burroughs were taxed in great Sums unaccustomed , for the payment of these Souldiers : Farther , there was raised divers Troops of Horse-men , to the number of five or six hundred Horse . The Souldiers had taken two poor men that had received the Lords wages ; which two men being accused and convinced of , at the Queens Command , were hanged at Edinburgh , the third day after the Lords departing . At this time , M. Iames Balfour , Parson of Flesk , had gotten all the guiding in the Court. The third day after the Queens coming to Fyfe , the whole Barons and Lairds of Fyfe , convoyed her Majestie , till she came to S. Andrewes , where the said Lairds and Barons , especially the Protestants , were commanded to subscribe to a Band , containing in effect , That they obliged themselves to defend the King and Queens Persons , against Englishmen and Rebells : And in case they should come to Fyfe , they should resist them to their utmost power ; Which Charge every man obeyed . The second night after the Queens coming to S. Andrews , she sent a Band or Troop of Horse-men , and another of Foot , to Lundie , and at midnight took out the Laird , being a man of 80 yeers old : Then they past to Fawside , and took likewise Thomas Scot , and brought him to Saint Andrewes , where they , with the Laird of Bavard , and some others , were commanded to prison . This manner of handling and usage being o●kend and strange , were heavily spoken of , and a great terrour to others , who thought themselves warned of greater severity to come . In the mean time the houses of the Earles of Murray , Rothesse , and the houses of divers Gentlemen , were given in keeping to such as the Queen pleased , after that their children and servants had been cast out . At the same time the Duke , the Earls of Glencarne and Argyle , the Lords Boyd and Uchiltrie , with the Lord of Cunningham-head , and the rest , were charged to come and present themselves in S. Andrews , before the King and Queens Majesties , to answer to such things as should be laid to their charge , within six dayes , under the pain of Rebellion : And the day being expired , and they not appearing , were denounced Rebells , and put to the Horne . As the Queen remained in Saint Andrews , the inhabitants of Dundie , being sore afraid , because of some evil report made of them to the Queen , as if they had troubled the Queen , in seeking men of War , and suffered some to be raised in their Town for the Lords ; for there was nothing done in Dundie , but it was revealed to the Queen ; especially that the Minister had received a Letter from the Lords , and delivered the same to the Brethren , perswading them to assist the Lords ; which being granted by the Minister , the Queen remitted it . After great travell and supplication made by some Noble-men , at length , the King and Queen being in the Town , they agreed for two thousand marks , five or six of the principall left out , with some others , that were put to their shift . After the King and Queen had remained two nights in the Towne of Dundie , they came to S. Andrews ; and soon after , they came over Forth , and so to Edinburgh . During this time , the Master of Maxwell wrote to the King and Queen , making offers for and in the name of the Lords . The next day after the King and Queens coming to Edinburgh , there was a Proclamation made at the Market-Crosse : And because the same is very notable , I thought good to insert it here word by word , albeit it be somewhat long . HEnry and Mary , By the Grace of God , King and Queen of Scots ; To all and sundry Our Lieges and Subjects whom it may concerne , and to whose knowledge these Letters shall come , Greeting . Forasmuch as in this Uprore lately raised up against us , by certaine Rebels ; and their assistants , the authors thereof ( to blinde the eyes of the simple people ) have given them to understand , That the quarrell they have in hand is onely Religion , thinking with that cloke to cover their ungodly designes , and so , under that plausible argument , to draw after them a large train of ignorant persons , easie to be seduced . Now for the preservation of our good Subjects , whose case were to be pitied , if they blindely should suffer themselves to be induced and trapped in so dangerous a snare , it hath pleased the goodnesse of God , by the utterance of their own mouthes and writings to us , to discover the poyson that before lay hid in their hearts , albeit to all persons of cleer judgment the same was evident enough before : For what other thing [ is this , but to dissolve the whole Policy , and in a manner to invert the very order ] might move the principal raisers of this tumult to put themselves in Arms against us so unnaturally , upon whom we had bestowed so many benefits ; But that the great honor we did them , they being thereof unworthy , made them misknow themselves ; and their ambition could not be satisfied with heaping riches upon riches , & honor upon honor , unlesse they retain in their hands us , and our whole Realme to be led , used , and disposed at their pleasure . But this could not the multitude have perceived , if God ( for disclosing their Hypocrisie ) had not compelled them to utter their unreasonable desire to Governe ; for now by Letters sent from themselves to us , which make plain profession , that the establishing of Religion will not content them , but we must be forced to govern by Councell , such , as it shall please them to appoint us ; a thing so farre beyond all measure , that we thinke the onely mention of so unreasonable a demand is sufficient to make their nearest Kinsfolks their most mortall enemies , and all men to run on them without further scruple , that are zealous to have their native Countrey to remain still in the state of a Kingdome : For what other thing is this , but to dissolve the whole policie , and ( in a manner ) to invert the very order of nature , to make the Prince obey , and Subjects command . The like was never demanded by any of our most Noble Progenitors heretofore , yea , not of Governours and Regents ; but the Prince and such as have filled their place chose their Councell of such as they thought most fit for the purpose . When we our selves were of lesse age , and at our first returning into this our Realme , we had free choice of our Councell at our pleasure , and now when we are at our full maturity , shall we be brought back to the state of Pupills , and be put under Tutory ? So long as some of them bore the whole sway with us , this matter was never called in question ; but now when they cannot be longer permitted to do and undoe all at their pleasure , they will put a Bridle into our mouthes , and give us a Councell chosen after their fantasie . This is the quarrell of Religion they made you beleeve they had in hand , This is the quarrell for which they would have you hazzard your Lands , Lives and goods , in the company of a certain number of Rebels against your naturall Prince . To speak in good language , they would be Kings themselves , or at the least leaving to us the bare Name and Title , and take to themselves the credit and whole administration of the Kingdome . We have thought good to make publication hereof , to shew , that you suffer not your selves to be deceived under pretence of Religion , to follow them , who prefering their particular advancement to the publike tranquilitie ; and having no care of you , in respect of themselves , would ( if you would hearken to their voice ) draw you after them , to your utter destruction . Assuring you that you have heretofore good experience of our clemency , and under our Wings enjoyed in peace the possession of your Goods , and lived at liberty of your Conscience , so may you be in full assurance of the like hereafter , and have us alwayes your good and loving Princes to so many as shall continue your selves in due obedience , and do the office of faithfull and naturall Subjects . Given under our Signet at Saint Andrews the tenth of December , and of our Reignes the first and twentie three years . 1565. NOw the Lords desired , next the establishing of Religion , That the Queens Majesty , in all the Affairs of the Realme and Common-wealth , should use the counsell and advice of the Nobility , and ancient blood of the same ; whereas in the mean time the Councell of David and Francisco the Italians , with Fowler the Englishman , and Master Iames Balfour Parson of Flisk , was preferred before all others , save onely the Earle of Athole , who was thought to be a man of grosse judgement , but neverthelesse in all things given to please the Queen . It was now finally come to this point , that in stead of Law , Justice and equity , onely Will ruled in all things ; there was thorow all the Countie set out a Proclamation in the King and Queens names , commanding all persons to come and meet them at Sterlin the first day of October following , with twenty dayes provision , under pain of life , lands and goods . It was uncertain whether their Majesties intended to passe from Sterlin or not , and I beleeve the principall men knew not well at that time ; for a report was , That by reason the Castles of Hamilton and Draffen were kept Fortified and Victualled at the Dukes command , that they would passe to siege the said houses , & give them some shot of a Canon ; others said , They would passe towards my L. of Argile , who had his people alwayes armed , whereof his neighbours were afraid , especially the Inhabitants of Athole and Lenox ; but at length it was concluded that they should passe to Dumfreis , as shall be declared . During this time there were Propositions made continually to the King and Queen , by the Lords , desiring alwayes their Majesties most humbly to receive them into their hands : Their Articles tended continually to these two Heads , viz. To abolish the Masse , root out Idolatry , and Establish the true Religion , And that they and the affaires of the Realm should be governed by the advice and counsell of the true Nobility of the same ; offering themselves and their cause to be tried by the Lawes of the Countrey . Yet nothing could be accepted nor taken in good part , albeit the Master of Maxwell laboured by all meanes to redresse the matter , who also entertained the Lords most honourably in Dumfreis , for he had the government of all that Countrey . But he himself incurred the Queens wrath so , that he was summoned to present himself and appear before the King and Queens Majesties , after the same form that the rest of the Lords were charged with , and also commanded to give over the House of Lochmabben , and the Castle which he had in keeping for the Queen . And albeit he obeyed not , yet was he not put to the Horne , as the rest . Neverthelesse there was no man that doubted of his good will and partaking with the Lords , who in the mean time sent Robert Melvin to the Queen of England , and declared their state to her Majesty , desiring support . Now the chief care and solicitude that was in the Court , was , By what means they might come to have money , for notwithstanding this great preparation for warre , and eminent appearance of trouble , yet were they destitute of the sinewes of Warre ; albeit the Treasurers , and now Comptroller , to wit , the Laird of Tilbardin , had disbursed many thousands ; yet there was no appearance of payment of souldiers , nor scarcely how the King and Queens Houses and pompous Trains should be upholden ; there was about 600. Horsmen , besides the Guard and 3. Ensignes of footmen . The charge of the whole would amount to 1000. l. ster . every moneth ; a thing surpassing the usuall manner of Scotland . At this time arrived the Earl of Bothwell , who was welcome , and graciously received by the Queen , and immediately placed in Councell , and made Lieutenant of the West and middle Marches . Now as every one of the Barons compounded to be exempted from this meeting ; the E. of Athole demanded of Edinburgh 200. l. ster . but they refused to pay it ; notwithstanding Octo. 27. there was a certain number of the principall and rich persons of the Town warned by a Macer to passe to the Palace of Hallyrudhouse to the King and Queen , who declared to them by their own mouthes , speaking that they had use for money , and therefore knowing them to be honest men and the inhabitants of the best Citie in their Countrey , they must needs charge them ; and for security they should have other men bound for pledges , or any Hand therefore . The sum that they desired was 1000 l. sterl . and no lesse . They being astonished , made no answer ; but Parson Flisk standing by , said , That seeing the King and Queens Majesties desired them so civilly , in a thing most lawfull in their necessitie , they did shew themselves not honest to keepe silence and give no answer to their Majesties , for that must needs be had of them which was required ; and if they would not , they should be constrained by the Laws , which they would not abide ; for some of them had deserved hanging ( said he ) because they had lent large summs of money to the King and Queens enemies , and Rebels ; and therefore they must shortly suffer great punishment . Soon after they were called in one by one , and demanded how much they would lend ? some made this excuse , and some that , by reason there were that offered to lend money ; amongst whom there was one offered to lend 20 l. To him the Earle of Athole said , Thou art worthy to be hanged that speakest of 20 l. seeing the Princes charge thee so easily . Finally , they were all imprisoned , and souldiers set over them , having their Muskets ready charged , and their Match lighted , even in the house with them , where they remained all that night , and the next day till night ; and then being changed from one prison to another , there were six chosen out and sent in the night to the Castle of Edinburgh , convoyed with Musketteers round about them , as if they had been Murtherers or most vile persons . At length ( the third day ) by means of the Laird of Craigmiller Provest , and some others , the summe was made more easie , to wit , a 1000 Marks sterling , to be paid immediately , and to have the superioritie of Leithin in Pledge ( to wit ) upon condition of Redemption . And besides the said summe of 1000 Marks sterlin they paid 1000 l. sterl . For the meeting at Dumfreis at the day appointed , for electing the officers , the Queen sent in a Ticket such as she would have them to chuse for Provest , Bailiffs , and Councell , whereof there was a number of Papists , the rest not worthy . Of the number given in by the Queen , they named such as should rule for that year ; Notwithstanding without free Election , the Laird Craigmiller , remained Provest , who shewed himself most willing to set forward Religion , to punish vice , and to maintain the Common-wealth . All this time the Ministers cried out against the Masse and such Idolatry , for it was more advanced by the Queen then before . The first day of October met in Edinburgh the Superintendant of Lothian , with all the Ministers under his charge , according to their ordinary custome ; for every Superintendant used to convene the whole Ministery , and there it was complained on , That they could get no payment of their stipends , not only about the City , but thorow the whole Realm . Therefore after reasoning and consultation taken , they framed a supplication directed to the King and Queen , and immediately presented the same to their Majesties by M. Iohn Spottswood Superintendant of Lothian , and Master David Lindsey Minister of Leith ; it contained in effect , That forasmuch as it had pleased the King and Queens Majesties ( with advice of the Privie Councell ) to grant unto the Ministers of the Word their stipends to be taken of the Thirds of the Benefices , which Stipends are now detained from the said Ministers by reason of the troubles and changing of the Comptroller , whereby they are not able to live ; and therefore most humbly craved the King and Queens Majesty to cause them to be paid . Their answer was , That they would cause order to be taken therin to their contentment . Soon after the Lord Gordion came to Edinburgh , and left the most part of his people at Sterlin with his carriage ; the King and Queen for hope of his good service to be done , restored him to his Fathers place , to the Earledome of Hintley , the Lands and Heritage thereof . October 8. the King and Queene marched forth of Edinburgh towards Dumfreis , and as they passed from the Pallace of Hallyrud-house all men were warned with Jack and Spear . The first night they came to Sterlin , and the next to Craford ; the day after the Lairds of Drunlaurick and Lochinvar , met the Queen , albeit they had been with the Lords familiar enough . The Lords perceiving , that all hope of reconciliation was past , they rode to Ednam , where they remained till the Queen came to Dumfreis , and then they past to Carlile . Now the Master of Maxwell , who had entertained the Lords familiarly , and subscribed with them , and had spoken as highly against their enemies as any of themselves , and had received large mony by that means , to wit , 1000. l. to raise a Band or Troup of Horsmen ; and that the same day the King and Queen came to Dumfreis ; the third day after their coming he came to them , conveyed by the Earle Bothwell , with divers other Noblemen . At length the Earles of Athole and Hintley were Sureties for him , and all things past remitted , upon condition , that he should be a faithfull and obedient subject hereafter . The same day they made Musters , the next day the Army was dispersed , being about 18000. men ; the King and Queen past to Lothinaben , where the Master of Maxwell gave a Banquet , and then forthwith marched to Tueddall , so to Peblis , and then to Edinburgh . The best and chief part of the Nobility of this Realme , who also were the principall Instruments of the Reformation of Religion , and therefore were called the Lords of the Congregation , in manner above rehearsed , were banished and chased into England ; they were courteously received and entertained by the Earle of Bedford Lieutenant , upon the Borders of England . Soon after the Earle of Murray took Post towards London , leaving the rest of the Lords at Newcastle ; every man supposed that the Earle of Murray should have been graciously received of the Queen of England , and that he should have gotten support according to his hearts desire ; but farre beyond his expectation , he could get no audience of the Queen of England : But by means of the French Ambassadour , called Monsieur de Four , his true friend , he obtained audience . The Queen , with a fair countenance , demanded , How he , being a Rebell to her sister of Scotland , durst take the boldnesse upon him to come within her Realm ? These and the like words got he , instead of the good and courteous entertainment expected . Finally , after private discourse , the Ambassadour being absent , she refused to give the Lords any support , denying plainly that ever she had promised any such thing as to support them , saying , She never meant any such thing in that way ; albeit her greatest familiars knew the contrary . In the end , the Earle of Murray said to her , Madame , whatsoever thing your Majestie meant in your heart , we are thereof ignorant ; but thus much we know assuredly , That we had lately faithfull promises of ayd and support by your Ambassadour , and familiar servants , in your name : And further , we have your owne hand-writing ; confirming the said promises . And afterward he took his leave , and came North-ward from London , towards Newcastle . After the Earle of Murray his departure from the Court , the Queen sent them some ayd , and writ unto the Queen of Scotland in their favour : Whether she had promised it in private to the Earle of Murray , or whether she repented her of the harsh reception of the Earle of Murray . At this time David Rizio Italian , began to be higher exalted , insomuch as there was no matter or thing of importance done without his advice . And during this time , the faithfull within this Realme were in great fear , looking for nothing but great trouble and persecution to be shortly . Yet Supplications and Intercessions were made thorowout all the Congregations , especially for such as were afficted and banished , That it would please God to give them patience , comfort , and constancy ; and this especially was done at Edinburgh , where Iohn Knox used to call them that were banished , The best part of the Nobility , Chiefe Members of the Congregation : Whereof the Courtiers being advertised , they took occasion to revile and bewray his sayings , alleadging , He prayed for the Rebels , and desired the people to pray for them likewise . The Laird of Lethington chief Secretary , in presence of the King and Queens Majesties and Councell , confessed that he heard the Sermons , and said , There was nothing at that time spoken by the Minister , whereat any man need to be offended : And further , declared plainly , That by the Scripture it was lawfull to pray for all men . In the end of November , the Lords with their complices , were summoned to appear the fourth day of February , for Treason , and laese Majestie : But in the mean time , such of the Nobility as had professed the Evangell of Christ , and had communicate with the Brethren at the Lords Table , were ever longer the more suspected by the Queen , who began to declare her self in the Months of November and December , to be maintainer of the Papists ; for at her pleasure , the Earles of Lenox , Athole , and Cassels , with divers others , without any dissimulation known , went to the Masse openly in her Chappell : Yet neverthelesse the Earles of Huntley and Bothwell went not to Masse , albeit they were in great favour with the Queen . As for the King , he past his time in Hunting and Hawking , and such other pleasures as were agreeable to his appetite , having in his company Gentlemen willing to satisfie his will and affections . About this time , in the beginning of as the Court remained at Edinburgh , the banished Lords by all means possible , by writings and their friends , made suit and means to the King and Queens Majesties , to be received into favour . At this time the Abbot of Kylwinning came from Newcastle to Edinburgh , and after he had gotten audience of the King and Queen , with great difficulty he got Pardon for the Duke , and his friends and servants , upon this Condition , That he should passe into France ; which he did soon after . The five and twentieth of December convened in Edinburgh the Commissioners of the Churches within this Realme for the generall assemblie , There assisted to them the Earles of Morton and Marre , the Lord Lindsay , and Secretary Lethington , with some Barons and Gentlemen . The principall things that were agreed and concluded , were , That forasmuch as the Masse , with such Idolatry , and Papisticall Ceremonies , were still maintained , expresly against the Act of Parliament , and the Proclamations made at the Queens Arrivall ; And that the Queen had promised that she would hear Conference and Disputation ; That the Church therefore offered to prove by the Word of God , That the Doctrine preached within this Realme was according to the Scriptures ; and that the Masse , with all the Papisticall Doctrine , was but the invention of men , and meer Idolatry . Secondly , That by reason of the change of the Comptroller , who had put in new Collectors , forbidding them to deliver any thing to the Ministry , and by these means the Ministry was like to decay and fail , contrary to the Ordinance made in the yeer of God 1562. in favour and support of the Ministery . During this time , as the Papists flocked to Edinburgh for making Court , some of them that had been Friers , as black Abercrommy and Roger , presented supplication to the Queens Majesty , desiring in effect , That they might be permitted to preach ; which was easily granted . The noyse was further , That they offered Disputation : For as the Court stood , they thought they had a great advantage already , by reason they knew the King to be of their Religion , as well as the Queen , with some part of the Nobility , who with the King after declared themselves openly : And especially the Queen was governed by the Earls of Lenox and Athole ; but in matters most weighty , and of greatest importance , by David Rizio the Italian afore mentioned , who went under the name of the French Secretary ; by whose means , all grave matters , of what weight soever , must passe ; providing always , That his hands were anoynted . In the mean time he was a manifest enemy to the Evangell , and therefore a greater enemy to the banished Lords . And at this time , the principall Lords that waited at Court were divided in opinions ; For the Earle of Morton Chancellor , with the Earle of Marr , and Secretary Lethington , were on the one part ; and the Earles of Huntley and Bothwell on the other part , so that a certain drynesse was amongst them ; neverthelesse , by means of the Earle of Athole , they were reconciled . Now as there was preparation made by the Papists for Christmas , the Queen being then at Masse , the King came publikely , and bare company ; and the Friers Preached the dayes following , alwayes using another stile then they had done seven yeers before , during which time they had not Preached publikely : they were so little esteemed , that they continued not long in Preaching . At the same time convened in Edinburgh the generall Assembly of the Ministers , and Commissioners of the Churches Reformed within this Realme : There assisted them of the Nobility , the Earles of Morton and Marr , the Lord Lindsay , and Secretary Lethington , with others . The chief things that were concluded in this Assembly , were , That for the avoyding of the plagues and scourges of God which appeared to come upon the people for their sins and ingratitude , there should be proclaimed by the Ministers a publike Fast , to be Universally observed thorowout all the Reformed Churches ; which manner of Fasting was soon after devised by Iohn Knox , at the Command of the Church , and put in Print , wherefore needs not here to be recited in this place . What followed upon the said Fast , shall be plainly , God willing , declared . The second thing that was ordained in this Assembly , was , concerning the Ministers , who for want of payment of their stipends , were like to perish , or else to leave their Ministry : wherefore it was found necessary , That supplication should be made to the King and Queens Majesties ; And for the same purpose , a certain uumber of the most able men were elected to go to their Majesties aforesaid , to lament and bemone their case ; Which persons had Commission to propose some other things , as shall be declared . The names of them that past from the Church to the King and Queens Majesties , were , M. Iohn Spotswood , Superintendent of Lowthian ; Iohn Winrame , Superintendent of Fyfe ; M. Iohn Row , Minister of Perth ; M. David Lyndsay , Minister of Leith , who easily obtained audience of the King and Queens Majesties : And after their reverence done , M. Iohn Row , in name of the rest , opened the matter , lamenting & bewailing the miserable state of the poor Ministers , who by publike command had been reasonably satisfied three yeers or more , by vertue of the Act made with advice of the honorable Privie Councell , for the taking up of the Thirds of the Benefices , which was especially made in their favours : Neverthelesse the Laird of Tillibardin , new Comptroller , would answer them nothing : Wherefore they besought their Majesties for relief . Secondly , seeing that in all Supplications made to the King and Queens Majesties by the Church at all times , they desired most earnestly that all Idolatry and superstition , and especially the Masse , should be rooted out and abolished quite out of this Realme ; And that in the last generall Assembly of the Church , by their Commissioners , they had most earnestly desired the same ; And that their answer was then , That they knew no impediment in the Masse ; therefore the Assembly desired , That it might please their Highnesses to hear Disputation , to the end that such as now pretend to Preach in the Chappell Royall , and maintain such errours ; the Truth being tryed by disputation , that they might be known to be abusers , submitting themselves alwayes to the Word of God written in the Scriptures . To this it was answered by the Queen , That she was alwayes minded that the Ministers should be paid their Stipends ; and if there was any fault therein , the same came by some of their own sort , meaning the Comptroller Pittarow , who had the handling of the Thirds : Alwayes by the advice of her Councell she should cause such order to be taken therein , that none should have occasion to complain . As to the second , She would not jeopard her Religion upon such as were there present ; for she knew well enough that the Protestants were more learned . The Ministers and Commissioners of Churches perceiving nothing but delay , and driving off time , in the old manner , went home every one to their own Churches , waiting upon the good providence of God , continually making Supplication unto Almighty God , that it would please him of his mercy to remove the apparant plague . And in the mean time the Queen was busied with Banqueting about with some of the Lords of the Session of Edinburgh , and after with all men of Law , having continually in her company David Rizio , who sate at Table neer to her self , sometimes more privately then became a man of his Condition , for his over-great familiarity was already supected ; and it was thought , That by his advice alone the Queens sharpnesse and extremity towards the Lords was maintained . In the end of Ianuary arrived an Ambassadour from France , named Monsieur Rambullet , having with him about fourty Horse in Trayn , who came thorow England : He brought with him the Order of the Cockle from the King of France , to the King , who received the same at the Masse , in the Chappell of the Palace of Halyrud-house . There assisted the Earles of Lenox , Athole , and Eglington , with divers such other Papists as would please the Queen , who three dayes after caused the Herald to convene in Councell , and reasoned what Armes should be given to the King ; some thought he should have the Armes of Scotland ; some others said , Seeing it was not concluded in Parliament that he should have the Crown Matrimoniall , he could have Armes but onely as Duke of Rothesay , Earle of Rosse , &c. The Queen bade give him onely his due ; whereby it was perceived her love waxed cold towards him . Finally , his Arms were left blank ; and the Queen caused put her own name before her husbands in all Wrets ; and thereafter she caused to leave out his name wholly : And because formerly he had signed every thing of any moment , she caused to make a Seale like the Kings , and gave it to David Rizio , who made use of it by the Queens Command , alleadging , That the King being at his Pastime , could not alwayes be present . About the same time the Earle of Glencarne came from Barwicke to his owne Countrey . Soon after , the Earle of Bothwell was married unto the Earle of Huntley his sister . The Queene desired that the Marriage might be made in the Chappell at the Masse ; which the Earle Bothwell would in no wise grant . Upon Sunday the third day of March , began the Fasting at Edinburgh . The seventh day of March , the Queen came from the Pallace of Hallirud-house to the Town in wondrous gorgious apparell , albeit the number of Lords and Train was not very great . In the mean time the King accompanied with seven or eight horse , went to the Leith to passe his time there , for hee was not like to get the Crown Matrimoniall . In the Tolbooth was devised and named the Heads of the Articles that were drawn against the banished Lords ; Upon the morrow and Saturday following , there was great reasoning concerning the Attainder ; some alleadged , That the Summons was was not well Libelled or Dressed ; others thought the matter of Treason was not sufficiently proved ; and indeed they were still seeking proof , for there was no other way but the Queen would have them all attainted albeit the time was very short ; the twelfth day of March should have been the day , which was the Tuesday following . Now the matter was stayed by a marvellous Tragedy , for by the Lords ( upon the Saturday before , which was the ninth of March , about Supper-time ) David Rizio the Italian , named the French Secretary , was slain in the Gallery below Stairs ( the King staying in the room with the Queen , told her , That the Designe was onely to take order with that Villain ) after that he had been taken violently from the Queens presence , who requested most earnestly for the saving of his life ; which act was done by the Earle of Morton , the Lord Ruthven , the Lord Lindsay the Master of Ruthven , with divers other Gentlemen . They first purposed to have hanged him , and had provided Cords for the same purpose ; but the great haste which they had , moved them to dispatch him with Whingers or Daggers , wherewith they gave him three and fifty strokes . They sent away and put forth all such persons as they suspected . The Earles Bothwell and Hnntley hearing the noise and clamour , came suddenly to the Close , intending to have made work , if they had had a partie strong enough ; but the Earle Morton commanded them to passe to their Chamber , or else they should doe worse : At the which words they retyred immediately , and so past forth at a back Window , they two alone , and with great fear came forth of the Towne to Edmistone , on foot , and from thence to Crichton . This David Rizio was so foolish , that not onely he had drawne unto him the managing of all Affaires , the King set aside , but also his Equipage and Train did surpasse the Kings ; and at the Parliament that was to be , he was ordained to be Chancellour ; which made the Lords conspire against him : They made a Bond to stand to the Religion and Liberties of the Countreys , and to free themselves of the slavery of the Villain David Rizio : The King and his father subscribed to the Bond , for they durst not trust the Kings word without his Signet . There was a French Priest ( called Iohn Daniot ) who advised David Rizio to make his fortune , and be gone , for the Scots would not suffer him long . His answer was , That the Scots would bragg but not fight ; then he advised him to beware of the Bastard . To this he answered , That the Bastard should never live in Scotland , in his time ; ( he meant the Earle Murray ) but it happened , that one George Dowlas Bastard son to the Earle of Angus gave him the first stroke . The Queen when she heard he was dead , left weeping , and declared she would study revenge , which she did . Immediatly it was noised in the Town of Edinburgh , that there was murther committed within the Kings Palace , wherefore the Provest caused to Ring the common Bell , or , Sonner le toksain , ( as the French speaks ) and straightway past to the Palace , having about four or five hundred men in warlike manner ; and as they stood in the utter Court , the King called to the Provest , commanding him to passe home with his company , saying , The Queen and he were merry . But the Provest desired to hear the Queen speak her self ; Whereunto it was answered by the King , Provest , know you not that I am King ? I command you to passe home to your houses ; and immediately they retired . The next day ( which was the second Sunday of our Fast in Edinburgh ) there was a Proclamation made in the Kings Name , subscribed with his hand , That all Bishops , Abbots , and other Papists should avoid and depart the Town ; which Proclamation was indeed observed , for they had a Flea in their Hose . There were Letters sent forth in the Kings Name , and subscribed with his hand , to the Provest and Bailiffs of Edinburgh , the Bailiffs of Leith and Cannogate , commanding them to be ready in Armour to assist the King and his Company , and likewise other private writings directed to divers Lords and Gentlemen , to come with all expedition . In the mean time the Queen being above measure enraged , offended and troubled , as the issue of the matter declared , sometime railing upon the King , and sometime crying out at the Windows , desired her servants to set her at libertie ; for she was highly offended and troubled . This same tenth of March the Earle of Murray , with the rest of the Lords and Noblemen that were with him , having received the Kings Letter , ( for after the Bond , above named , was Subscribed , the King Wrote unto the banished Lords , to return into their Countrey , being one of the Articles of the said Bond ) came at night to the Abbey , being also convoyed by the Lord Hume and a great company of the borderers , to the n●mber of 1000 horses . And first , after he had presented himself to the King , the Queen was informed of his sudden coming , and therefore sent unto him , commanding him to come to her ; and he obeying , went to her , who with a singular gravitie received him , after that he had made his purgation , and declared the over-great affection which he bore continually to her Majestie . The Earles of Athole , Cathnes and Sutherland departed out of the Town , with the Bishops , upon the Munday , the third day after the slaughter of David Rizio . The Earles of Lenox , Murray , Morton , and Rothes , Lords Ruthven , Lindsay , Boyd , and Ocheltrie , sitting in Councell , desired the Queen , That forasmuch as the thing which was done could not be undone , that she would ( for avoiding of greater inconveniences ) forget the same , and take it as good service , seeing there were so many Noblemen restored . The Queen dissembling her displeasure and indignation , gave good words , neverthelesse she desired , That all persons armed or otherwise ( being within the Palace at that time ) should remove , leaving the Palace void of all , saving onely her domestick servants . The Lords being perswaded by the uxorious King , and and the facile Earle of Murray , condescended to her desire , who finally the next morning , two hours before day , past to Seaton , and then to Dumbar , having in her company the simple King , who was allured by her sugred words ; from Dumbar immediately were sent Pursuivants with Letters thorowout the Countrey ; and especially Letters to the Noble-men and Barons , commanding them to come to Dumbar , to assist the King and Queen within five dayes : In the mean time the Lords being informed of the sudden departure , they were astonished , and knew not what were best for them to do : But because it was the self-same day ( to wit , the twelfth day of March ) that they were summoned unto ; therefore having good opportunity , they past to the Tolbooth , which was richly hung with Tapistry , and orned ( but not for them ) and set themselves , making Protestations , the Earle of Glencarne , and some others , being present . The Earle of Argyle , who was written for by the King , came to Lithgow ; and being informed of the matter , he remained there . After this manner above specified , to wit , by the death of David Rizio , the Noble-men were relieved of their trouble , and restored to their places and rooms : And likewise the Church Reformed , and all that professed the Evangell within this Realm , after Fasting and Prayer , was delivered and freed from the apparant dangers which were like to have fallen upon them ; For if the Parliament had taken effect , and proceeded , it was thought by all men of the best judgement , That the true Protestant Religion should have been wrackt , and Popery erected ; and for the same purpose , there were certain Woodden Altars made , to the number of twelve , found ready in the Chappell of the Palace of Halyrud-house , which should have been erected in Saint Gyles his Church . The Earles Bothwell and Huntley being informed of the King and Queenes sudden departure forth of Edinburgh , came to Dumbar , where they were most graciously received by the Queens Majesty ; who consulting with them and the Master of Maxwell , together with Parson Owin , and Parson Fliske , chief Councellors , what was best to be done , and how she should be revenged upon the murtherers . At first they did intend to go forward , and leaving no manner of cruelty unpractised , putting to death all such as were suspected : This was the opinion of such as would obey their Queens rage and fury for their own advantage ; But in the end they concluded , That she should come to Edinburgh with all the force and power she could make , and there proceed to Justice : And for the same purpose , she caused to summon , by open Proclamation , all persons of defence , and all Noble-men and Gentlemen , to come to her in Dumbar incontinent . In the mean time , the Captains laboured by all means to take up and enroll men and women . The Earles of Morton , Murray , Glencarne , Rothesse , with the rest that were in Edinburgh , being informed of the Queens fury and anger towards the committers of the slaughter , and perceiving they were not able to make any Party , thought it best to give place to her fury for a time ; for they were divided in opinions , and finally , departed out of Edinburgh , upon Sunday the seventeenth of March , every one a severall way ; for the Queens Majesty was now bent onely against the slayers of David Rizio ; and to the purpose she might be the better revenged upon them , she intended to give pardon to all such as before had been attainted , for whatsoever crime . The eighteenth day of March , the King and Queen came to Edinburgh , having in their company horse and foot , to the number of 8000 men ; whereof there were four Companies of Foot-men of War. The Town of Edinburgh went out to meet them , for fear of War. And finally , coming within the Town , in most awfull manner they caused to place their men of War within the Town , and likewise certain Field-Pieces against their Lodging , which was in the middle of the Town , over against the Salt Trove : Now a little before the Queenes entrance into the Towne , all that knew of her cruell pretence and hatred towards them , fled here and there ; And amongst others , Master Iames Magill the Clerk Register , the Justice Clerk , and the common Clerk of the Towne : The chief Secretary Lethington was gone before ; likewise Iohn Knox past West to Kyle : The men of War likewise kept the Ports or Gates . Within five days after their entry , there was a Proclamation made at the Market-Crosse , for the purgation of the King from the aforesaid slaughter ; which made all understanding men laugh at the passages of things , since the King not onely had given his consent , but also had subscribed the Bond afore-named ; and the businesse was done in his name , and for his Honour , if he had had wisedome to know it . After this Proclamation , the King lost his credit among all men , and so his friends , by this his inconstancy and weaknesse . And in the mean time the men of War committed great outrages in breaking up doors , thrusting themselves into every house : And albeit the number of them were not great , yet the whole Town was too little for them . Soon after , the King and Queen past to the Castle , and caused to warne all such as had absented themselves , by open Proclamation , to appear before their Majesties and the Privy Councell within six dayes , under pain of Rebellion ; which practice was devised in the Earle of Huntleys case , before the Battell of Corrichy : And because they appeared not , they were denounced Rebells , and put to the Horne , and immediately thereafter , their Escheats given or taken up by the Treasurer . There was a certain number of the Towns-men charged to enter themselves prisoners in the Tolbooth , and with them were put in certain Gentlemen : Where , after they had remained eight dayes , they were convoyed down to the Palace by the men of War , and then kept by them eight dayes more : And of that number was Thomas Scot Sheriff deput● of S. Iohnston , who was condemned to death , and executed cruelly ; to wit , hanged and quartered , for keeping the Queen in prison , as was alleadged , although it was by the Kings command : And two men likewise were condemned to death , and carried likewise to the Ladder foot ; But the E. Bothwell presented the Queens Ring to the Provest , which then was Justice , for safety of their life . The names of those two were Io. Mobray Merchant , and Will. Harlow Sadler . About the same time , notwithstanding all this hurliburly , the Ministers of the Church , and professors of Religion ceased not ; for the people , they convened to publike prayers & preaching with boldnesse ; yea , a great number of Noble-men assisted likewise . The E. Bothwell had now , of all men , greatest accesse and familiarity with the Queen , so that nothing of any great importance was done without him ; for he shewed favour to such as liked him ; and amongst others , to the Lairds of Ormeston , Hawton , and Calder , who was so reconciled unto him , that by his favour they were relieved of great trouble . The Earles of Argyle and Murray , at the Queens Command , past to Argyle , where , after they had remained about a Moneth , they were sent for by the Queene ; and coming to Edinburgh , they were received by the Queene into the Castle , and banquetted , the Earles of Huntley and Bothwell being present . At this time the King grew to be contemned and disesteemed , so that scarcely any Honour was done to him ; and his Father likewise . About Easter the King past to Sterlin , where he was Shriven , after the Papist manner : And in the meane time , at the Palace of Halyrud-house , in the Chappell , there resorted a great number to the Masse , albeit the Queen remained still in the Castle , with her Priests of the Chappell Royall , where they used Ceremonies after the Popish manner . At the same time departed this life Master Iohn Sinclar , Bishop of Rosse , and Dean of Lestarrig , of whom hath been oft mention , President of the Colledge of Justice , called the Session ; who also succeeded in the said Office and Dignity after the decease of his brother Master Iohn Sinclar , Bishop of Rosse , Dean of Glasgow , who departed this life at Paris , about a yeer before : They were both learned in the Laws , and given to maintain the Popish Religion , and therefore great enemies to the Protestants . A little before died Master Abrabam Crithton , who had been President likewise now in their rooms . The Queen placed such as she pleased , and had done her service ( alwayes very unfit ) The Patrimony of the Kirk , Bishopricks , Abbeyes , and such other Benefices , were disposed by the Queen to Courtiers , Dancers , and Flatterers . The Earle Bothwell , whom the Queen preferred above all others , after the decease of David Rizio , had for his part Melrosse , Hadington , and New Bottell ; likewise the Castle of Dumbar was given to him , with the principall Lands of the Earldome of Merche , which were of the Patrimony of the Crown . At the same time the Superintendents , with the other Ministers of the Churches , perceiving the Ministery like to decay for lack of payment of Stipends to Ministers , they gave this Supplication at Edinburgh . The Supplication of the Ministers to the Queene . UNto your Majesty , and your most honourable Councel , most humbly and lamentably complains your Highnesse poor Orators , the Superintendents , and other Ministers of the Reformed Church of God , travelling thorowout all your Highnesse Realme , in teaching and instructing your Lieges in all Quarters , in the knowledge of God , and Christ Jesus his Son ; That where your Majestie , with the advice of the Councell and Nobility aforesaid , moved by godly zeal , concluded and determined , That the travelling Ministery thorowout this Realme , should be maintained upon the Rents of the Benefices of this Realme of Scotland ; and for that cause your Majesty , with the advice of the Councell and Nobility aforesaid , upon the 15 day of December 1562. in like manner concluded and determined , That if the said part of the Rents of the whole Benefices Ecclesiasticall within this Realme would be sufficient to maintain the Ministers thorowout the whole Realm , and to support your Majestie in the setting forward of your common affairs , should be employed accordingly : Failing thereof , the third part of the said fruits , or more , to be taken up yeerly in time coming , untill a generall Order be taken therein ; as the Act made thereupon at more length bears : Which being afterward considered by your Majesty , the whole Thirds of the fruits aforesaid were propounded to the uses aforesaid , by Act of Councell . And we your Majesties poor Orators , put in peaceable possession of the part assigned by your Majestie to us , by the space of three yeers , or thereabouts , which we did enjoy without interruption ; notwithstanding all this , now of late , we your Majesties poor Orators aforesaid , are put wrongfully and unjustly from their aforesaid part of the above specified Thirds , by your Majesties Officers , and thereby brought to such extreme penury , and extreme distresse , as we are not able any longer to maintain our selves . And albeit we have given in divers and sundry complaints to your Majestie herein , and have received divers promises of redresse ; yet have we found no relief : Therefore we most humbly beseech your Majesty to consider our most grievous complaint , together with the right above specified , whereon the same is grounded . And if your Majestie , with the advice of your Councell aforesaid , findes our right sufficient to continue us in possession of our part assigned to us , while and untill a generall Order be taken ; which possession was ratified by the yeerly allowance of your Majesties Exchequers accompt , That your Majesty would grant us Letters upon the aforesaid Act and Ordinance past thereupon , against all intromettors and medlers with the aforesaid Thirds , to answer and obey , according to the aforesaid Act and Ordinance of our possession proceeding thereupon ; And likewise that we may have Letters , if need be , to arrest and stay the aforesaid Thirds in the possessors hands , while and untill sufficient caution be found to us , for our part aforesaid . And your answer most humbly we beseech . This Supplication being presented by the Superintendent of Lowthian , and M. Iohn Craig , in the Castle of Edinburgh , was graciously received by the Queen , who promised that she would take sufficient order therein , so soon as the Nobility and Councell might convene . The 19 of Iune , the Queen was delivered of a man-childe ( the Prince in the aforesaid Castle ) and immediately sent into France and England her Posts , to advertise the neighbour Princes , and to desire them to send Gossips or Wintesses of the Princes Baptisme . In the mean time there was joy and triumph made in Edinburgh , and such other places where it was known , after thanks and praises given unto God , with Supplications for the godly Education of the Prince ; and principally , wishing that he should be Baptized according to the manner and forme observed in the Reformed Churches within this Realme . About the same time , to wit , the 25 of Iune , the generall Assembly of the whole Church convened at Edinburgh ▪ The Earles of Argyle and Murray assisted at the Assembly : Paul Methvin , who before , as we heard , was excommunicate , gave in his Supplication , and desired to be heard , as he had done divers times ; for the said Paul had written oft times out of England to the Laird of Dun , and to divers others , most earnestly desiring to be received again into the Fellowship of the Church . After reasoning of the matter , it was finally granted , That he should be heard ; And so being before the Assembly , and falling upon his knees , burst out with tears , and said , He was not worthy to appear in their presence ; alwayes he desired them , for the love of God , to receive him to the open expression of his repentance . Shortly after , they appointed certain of the Ministers to prescribe to him the form of his declaration of Repentance , which was thus in effect , first , That he should present himself barefoot and bare-head , arayed in Sack-cloth , at the principall entry of Saint Gyles Kirk in Edinburgh , at seven hours in the morning upon the next Wednesday , and there to remain the space of an hour , the whole people beholding him , till the Prayer was made , Psalmes sung , and Text of Scripture was read , and then to come into into the place appointed , for expression of repentance , and tarry the time of Sermon ; and to do so likewise the next Friday following , and also upon the Sunday ; and then , in the face of the whole Church , to declare his repentance with his owne mouth . The same form and manner he should use in Iedwart and Dundie ; And that being done , to present himself again at the next generall Assembly following in Winter , where he should be received to the Communion of the Church . When the said Paul had received the said Ordinance , he took it very grievously , alleadging , They had used over-great severity ; Neverthelesse , being counselled and perswaded by divers notable Personages , he began well in Edinburgh to proceed , whereby a great number were moved with compassion of his state ; and likewise in Iedwart : but he left his duty in Dundie , and passing again into England , the matter , not without offence to many , ceased . The Ministers complaining that they could not be paid their Stipends , were licensed by the Assembly to passe to other Churches to Preach , but in no wise to leave the Ministery . And because that the Queens Majesty had promised often before to provide remedy , it was thought expedient that Supplication should be yet made , as before , That the Queens Majesty should cause such order to be taken , that the poor Ministers might be paid their Stipends . The Bishop of Galloway , who was brother to the Earle of Huntley , and now a great man in the Court , travelled much with the Queens Majesty in that matter , and got of her a good answer , and fair promises . A few yeers before , the said Bishop of Galloway desired of the generall Assembly to be made Superintendent of Galloway ; but now being promoted to great Dignity , as to be of the number of the Lords of the Privy Councell , and likewise one of the Session , he would no more be called Over-looker , or Over-seer of Golloway , but Bishop : Alwayes truth it is , That he laboured much for his Nephew the Earle of Huntley , that he might be restored to his Lands and Honours ; for the said Earle was new Chancellor , since the slaughter of David Rizio , and had for his clawback the Bishop of Rosse , Master Iohn Lesley , one of the chief Councellors to the Q●een : But of all men the Earle Bothwell was most in the Queens favour , so far , that all things past by him ; yea , by his means the most part of all those that were partakers in the slaughter of David Rizio got remission and relief . But from that day he was not present at any Sermon , albeit before he professed the Evangell by outward speaking , yet he never joyned to the Congregation . But this time the Earle of Cassells was contracted with the Lord of Glanes sister , by whose perswasion he became a Protestant , and caused , in the Moneth of August , to re●orm his Churches in Carrick , and promised to maintain the Doctrine of the Evangell . The Queen not yet satisfied with the death of her man David , caused in August to be apprehended a man called Hary , who sometime had been of her Chappell Royall , but afterward became an exhorter in a Reformed Church ; and for want of stipend , or other necessaries , past in service to my Lord Ruthuen , and chanced that night to be present when the said David was slaine ; and so finally , he was condemned , and hanged , and quartered . The King being now contemned of all men , because the Queen cared not for him , he went sometime to the Lenox to his father , and sometime to Sterlin , whither the Prince was carried a little before : Alwayes he was destitute of such things as were necessary for him , having scarcely six horses in Trayn . And being thus desolate , and half desperate , he sought means to go out of the Countrey : And about the same time , by the advice of Forlish Cagets , he wrote to the Pope , to the King of Spain , and to the King of France , complaining of the state of the Countrey , which was all out of order , all because that Masse and Popery were not againe erected , giving the whole blame thereof to the Queen , as not managing the Catholike Cause aright : By some knave this poor Prince was betrayed , and the Queen got a Copie of these Letters into her hands , and therefore threatned him sore ; and there was never after that , any appearance of love betwixt them . The Churches of Geneva , Berne and Basill , with other Reformed Churches of Germany and France , sent to the whole Church of Scotland , the sum of the Confession of their Faith , desiring to know if they agreed in Uniformity of Doctrine , alleadging , That the Church of Scotland was dissonant in some Articles from them : Wherefore the Superintendents , with a great part of the other most qualified Ministers , convened in September in S. Andrews ; and reading the said Letters , made answer , and sent word again , That they agreed in all points with those Churches , and differed in nothing from them : Albeit in the keeping of some Festivall days our Church assented not ; for onely the Sabbath day was kept in Scotland . In the end of this Month the Earl Bothwell riding in pursuit of the theeves in Liddisdale , was ill hurt , and worse terrified , by a thief ; for he believed surely to have departed forth of this life , and sent word thereof to the Queens Majesty , who soon after past forth of Iedwart to the Hermitage , to visite him , and give him comfort : And within a few dayes after she took sicknesse in a most extreme manner , for she lay two houres long , cold dead , as it were without breath , or any signe of life , at length she revived , by reason they had bound small Cords about her shackle bones , her knees and great toes , and speaking very softly , she desired the Lords to pray for her to God , she said the Creed in English , and desired my Lord of Murray , if she should chance to depart that he would not be over extreme such as was of her Religion ; the Duke and he should have been Regents . The bruit went from Iedwart in the month of October , 1565. that the Queen was departed this life , or at least she could not live any time , wherefore there was continually prayers publikely made at the Church of Edinburgh , and divers other places for her conversion towards God , and amendment . Many were of opinion , That she should come to the Preaching , and renounce Popery ; But all in vain , for God had some other thing to doe by her . The King being advertised , rid Post from Sterlin to Iedburgh , where he found the Queen somewhat convalesced , but she would scarce speak to him , and hardly give him presence or a good word ; wherfore he returned immediately to Sterlin , where the Prince was , and after to Glascow to his Father . There appeared great trouble over the whole Realm , and especially in the Countreys neer the borders , if the Queen had departed at that time . as she began to recover , the Earle Bothwell was brought in a Charriot from the Hermitage to Iedburgh , where he was cured of his wounds ; in whose presence the Queen took more pleasure then in all the rest of the world ; alwayes by his meanes most part of all that were out-lawed for the slaughter of David Rizio got reliefe , for there was no other meanes , but all things must needs passe by him ; wherefore every man sought to him , where immediately favour was to be had , as before to David Rizio . Soon after , the Queen passing along the borders , she came within the bounds of Barwick , where she viewed the Town at her pleasure a far off , being within half a Mile and lesse ; all the Ordnance within Barwick were Discharged : The Captain came forth with fourscore Horses bravely arrayed , to do her honour , and offer her lawfull service . Then she came to Craigmiller , where she remained in November till she was advertised of the coming of the Ambassadors to the Baptisme of the Prince ; and for that purpose there was great preparation made , not without the trouble of such as were supposed to have money in store , especially of Edinburgh ; for there was borrowed a good round summe of money for the same businesse . All her care and solicitude was for that triumph . At the same time arrived the Counte de Briance , Embassadour of the King of France , who had a great Train . Soon after the Earle of Bedford went forth of England with a very gorgious company to the number of fourscore Horses , and passing to Sterlin he was humanly received of the Queens Majestie , and every day banquetted . The excessive expences and superfluous apparell , which was prepared at that time , exceeded farre all the preparation that ever had been devised or set forth afore that time in this Countrey . The 17 of December , 1566. in the great Hall of the Castle of Sterlin was the Prince baptized by the Bishop of Saint Andrews , at five a Clock at Even , with great Pompe , albeit with great paine could they finde men to beare the Torches , wherefore they took Boyes . The Queen laboured much with the Noblemen to bear the Salt , Grease and Candle , and such other things , but all refused ; she found at last the Earls of Eglington , Athole , and the Lord Seaton , who assisted at the Baptisme , and brought in the said Trash . The Counte de Briance ( being the French Ambassadour ) assisted likewise . The Earle of Bedford brought for a Present from the Queen of England a Font of Gold , valued to be worth three thousand Crownes . Soon after the said Baptisme , as the Earle was in communing with the Queen , who entertained him most reverently , he began to say merrily to her , amongst other talking , Madame , I rejoyce very greatly at this time , seeing your Majestie hath here to serve you so many Noblemen , especially twelve Earles , whereof two onely assist at this Baptisme to the Superstition of Popery . At the which saying the Queen kept good countenance . Soon after they banquetted in the said great Hall , where they wanted no prodigality . During the time of the Earle of Bedfords remaining at Sterlin , the Lords for the most part waited upon him , and conveyed him every day to the Sermon , and after to Banquetting . The King remained in Sterlin all that time ( never being present ) kept his Chamber : his father hearing how he was used , writ to him to repaire unto him ; who soon after went ( without good-night ) toward Glasgow to his Father ; he was hardly a Mile out of Sterlin when the poyson ( which had been given him ) wroght so upon him , that he had very great pain and dolour in every part of his body . At length , being arrived at Glasgow , the Blisters brake out , of a blewish colour , so the Physitians presently knew the Disease to come by poyson ; he was brought so low that nothing but death was expected ; yet the strength of his youth at last did surmount the poison . During the time of this Triumph the Queen was most liberall in all things that were demanded of her ; amongst other things , she subscribed a writing for the maintenance of the Ministers in a reasonable proportion , which was to be taken up of the Thirds of Benefices : which writing being purchased by the Bishop of Galloway , was presented at the generall Assembly of the Church at Edinburgh , the five and twentieth day of December , 1566. where were conveened the Superintendents and other Ministers ▪ in reasonable number , but very few Commssioners . The first matter that was there proposed , was concerning the said Writing lately obtained ; and the most part of the Ministers being demanded their opinions in the matter , after advice , and passing a little aside , they answered very gravely , That it was their duty to preach to the people the Word of God truly and and sincerely , and to crave of the Auditors the things that were necessary for their sustentation , as of duty the Pastour might justly crave of their Flock ; and further it became them not to have any care . Neverthelesse the Assembly taking in consideration , that the said Gifts granted by the Queens Majestie , was not to be refused ; they ordained , That certaine faithfull men of every Shire should meet , and do their utmost diligence for gathering and receiving the said Corne and money , and likewise appointed the Superintendent of Lowthian , and Master Iohn Row to waite upon the Bishop of Galloway , and concurre and assist him for further expedition in the Court , that the said Guift mi●t be dispatched through the Seales . In the same Assembly there was presented a Remonstrance by Writ by some Gentlemen of Kyle , containing in effect , That in asmuch as the Tythes ought to be given onely to the Ministers and Schooles of the Word , and for maintenance of the poor , that therefore the Assembly would Statute and Ordain , That all the Professors of the Evangell should keep the same in their own hands to the effects aforesaid , and no way permit the Papists to meddle therewith . This Writing took no effect at that time , for there was none else but the Gentlemen of Kyle of that opinion . It was Statuted in the said Assembly , That such publike Fornicators , and scandalous livers as would not confesse their offences , nor come to declare their repentance , should be declared by the Minister to be out of the Church , and not of the body thereof , and their names to be declared publikely upon the Sunday . After this Assembly , the Bishop of Galloway ( with the Superintendent of Lowthian and M. Iohn Row ) passing to Sterlin , obtained their Demands in an ample manner at the Queens Majesties hand , according to their desire ; and likewise they obtained for every Borough , a Guift or Donation of the Altarages , Annuals , and Obites , which before were given to the Papists , now to be disposed for the maintenance of the Ministers and Schooles within the Boroughs , and the rest to the poor or Hospitall . Notwithstanding the Domestick troubles that the Church of God in Scotland suffered in the time of these hurliburlies within the Kingdom , yet they were not unmindefull of the affliction of Iacob every where upon the face of the Earth ; namely , they had before their Eyes the State and condition of the Church of God in England , witnesse this Letter from the Generall Assembly to the Rulers of the Church of God in England . The Superintendents , with other Ministers and Commissioners of the Church of God in the Kingdome of Scotland , to their Brethren the Bishops and Pastours of Gods Church in England , who professe with us in Scotland the Truth of Iesus Christ. BY Word and Letters it is come to our knowledge ( Reverent Brethren , Pastors of Gods Word in the Church of England ) that divers of our Brethren ( of whom some be of the most learned in England ) are deprived from all Ecclesiasticall Function , namely , Are forbidden to Preach , and so by you are stopped to promote the Kingdom of God , because they have a scruple of Conscience to use at the command of Authoritie such Garments as Idolaters in time of greatest darknesse , did use in their Superstitious and Idolatrous Service ; which Report cannot but be very grievous to our hearts , considering the sentence of the Apostle , If ye bite and devour one another , take heed ye be not consumed one of another . We intend not at this present to enter into the Question , which we hear i● agitated and handled with greater vehemency by either partie , then well liketh us , to wit , Whether such apparell be accounted amongst things indifferent , or not ; Wherefore ( through the Bowels of Iesus Christ ) we crave that Christian Charitie may so farre prevaile with you , who are the Pastors and Guides of Christs Flock in England , that ye doe one to another as ye desire others to do to you . You cannot be ignorant what tendernesse is in a scrupulous Conscience , and all that have knowledge are not alike perswaded ; the Consciences of some of you stirres not , with the wearing of such things , on the other side many thousands ( both godly and learned ) are otherwayes perswaded , whose Consciences are continually strucken with these sentences , What hath Christ to doe with Beliall ? What felloship is there betwixt Light and darknesse ? If Surplice , Corner-Cap and Tippet have been the Badges of Idolaters in the very act of their Idolatry , what hath the Preachers of Christian libertie , and the Rebukers of Superstition with the dregs of that Romish Beast ? yea , What is he that ought not to fear , either to take in his hand , or on his forehead the Prints and Mark of that odious Beast : The Brethren that refuse such unprofitable apparell do neither condemne nor molest you who use such Trifles . On the other side , if ye that use these things , will do the like to your Brethren , we doubt nor but therein you shall please God , and comfort the Hearts of many , which are wounded to see extremitie used against these godly Brethren : Humane arguments or coloured Rhetoricke , we use none to perswade you , onely in Charity we desire you to minde the sentence of Peter , Feed the Flock of Christ which is committed to your charge , caring for it , not by constraint , but willingly ; not being as Lords of Gods Heritages , but being examples to the Flock . We further desire you to meditate upon that sentence of Paul , Give no offence neither , to Iewes , nor Gentiles , nor to the Church of God ; in what condition you and we both travell , at least are bound to travell for the promoting of Christs Kingdom , you are not ignorant ; therefore we are the more bold to exhort you to deale more wisely , then to trouble the godly for such vanities , for all things which seem lawfull , edifie not ; if Authority urge you farther then your Consciences can bear , I pray you remember , that the Ministers of the Church are called the Light of the World , and Salt of the Earth ; all Civill Authority hath not alwayes the Light of God shining before their eyes , in Statutes and Commands , for their affections savour too much of the earth and wordly wisdome : therefore we tell you , That ye ought to oppose your selves boldly , not onely to all power that dare extoll it selfe against God , but also against all such as dare burthen the Consciences of the faithfull , farther then God chargeth them in his own Word . But we hope you will excuse our freedom in that we have entred in reasoning farther then we intended in the beginning ; now againe we return to our former request , which is , That the Brethren among you who refuse the Romish Rags , may finde of you who use and urge them , such favour as our Head and Master commandeth each one of his Members to shew to another , which we look to receive of your courtesie , not onely because you will not offend God in troubling your brethren for such vain Trifles , but also because you will not refuse the earnest request of us your Brethren and fellow Ministers , in whom although there appear no worldly pompe ; yet we are assured you will esteem us as Gods servants , travelling to set forth his glory against the Roman Antichrist ; the dayes are evill , iniquitie aboundeth , and Charitie ( alas ) waxeth cold , wherefore we ought to walk diligently , for the hour is uncertain when the Lord shall come , before whom we must all give an account of our administration . In conclusion , yet once more we desire you to be favourable one to another , Lord Iesus rule your hearts in his fear unto the end , and give to you and us victorie over that conjured Enemy of true Religion , ( the Pope ) whose wounded head Sathan by all means strives to cure againe ; but to destruction shall he go , and all his maintainers , by the power of our Lord Iesus , to whose mighty protection we commit you . From our Generall Assembly , Decemb. 27. 1566. At the same time the Bishop of Saint Andrews , by means of the Earle Bothwell , procured a writing from the Queens Majesty , to be obeyed within the Diocesse of his Jurisdiction , in all such causes as before in time of Popery were used in the Consistory , and thefore to discharge the new Commissioners ; and for the same purpose came to Edinburgh in Ianuary , having a Company of one hundred horses , or more , intending to take possession , according to his gift lately obtained . The Provest being advertised thereof , by the Earle of Murray they sent to the Bishop three or foure of the Councell , desiring him to desist from the said matter , for fear of trouble and sedition that might rise thereupon ; whereby he was perswaded to desist at that time . Soon after , the Queen came to Edinburgh , where she remained a few dayes . In the moneth of Ianuary she was informed that the King was recovered of the poyson given him at Sterlin , and therefore she past to Glasgow to visite him , and there tarried with him six dayes , using him wonderfully kindely , with many gracious and good words ; and likewise his father the Earle of Lenox ; insomuch that all men marvelled whereto it should turn , considering the great contempt and drynesse that had been before so long together the Queen notwithstanding all the contempt that was given him , with a known designe to take away his life , yet by her sweet words gains so far upon the uxorious husband , and his facile father , that he went in company with her to Edinburgh , where she had caused to lodge him at the Church of Field , in a lodging lately bought by Master Iames Balfour Clerk Register , truely very unmeet for a King. The Queen resorted often to visite him , and lay in the house two nights by him ( although her lodging was in the Palace of Halyrud-house . ) Every man marvelled at this reconciliation and sudden change . The ninth of February the King was murthered , and the house where he lay burned with Powder . About twelve of the clock in the night ; his body was cast forth in a yard without the Town wall adjoyning close by . There was a servant likewise murthered beside him , who had been also in the chamber with him . The people ran to behold this spectacle ; and wondring thereat , some judged one thing , some another . Shortly thereafter , Bothwell came from the Abbey with a company of men of War , and caused the body of the King to be carryed to the next house ; where , after a little , the Chirurgions being convened at the Queens command , to view and consider the manner of his death ; most part gave out , to please the Queen , That he was blown in the Ayre , albeit he had no mark of fire ; and truely he was strangled . Soon after , he was carryed to the Abbey , and there buryed . This tragicall end had Henry Steward , after he had been King eighteen moneths . A Prince of great Linage , both by mother and father : He was of a comely stature , and none was like unto him within this Island ; he died under the age of one and twenty yeers ; prompt and ready for all Games and Sports much given to Hawking and Hunting , and running of horses , and likewise to playing on the Lute , and also to Venus Chamber ; he was liberall enough : He could write and dictate well ; but he was somewhat given to wine and much feeding , and likewise to inconstancy ; and proud beyond measure , and therefore contemned all others : He had learned to dissemble well enough , being from his youth misled up in Popery . Thus within two yeers after his arriving in this Realme , he was highly by the Queen alone extolled ; and finally , had this infortunate end by her procurement and consent . To lay all other proofs aside , her Marriage with Bothwell , who was the main executioner of the King , notwithstanding all the advices and counsells that the King of France and Queene of England did earnestly & carefully give her , as other friends did likewise , witnesse anent their guilt . Those that laid hands on the King to kill him , by Bothwels direction , was Sir Iames Balfour , Gilbert Balfour , David Chalmers , black Iohn Spense , Francis Sebastien , Io. de Bourdean , and Ioseph the brother of David Rizio : These last four were the Queens domesticks and strangers . The reason why the Kings death was so hastened , because the affection or passion of the Earl Bothwell could not bear so long a delay , as the procurement of a Bill of Divorce required , although the Romish Clergie offered their service willingly to the businesse , namely , Bishop Hamilton , and so he came great again at Court ; and he for the advancement of the businesse , did good Offices to increase the hatred betwixt the King and Queen ; yea , some that had been the chief instruments of the Marriage of the King and Queen , offered the service for the Divorce , seeing how the Queens inclination lay : So unhappy are Princes , that men , for their own ends , further them in all their inclinations and undertakings , be they never so bad or destructive to themselves . The Earle of Lenox in the mean time wrote to the Queen , to cause to punish Bothwell , with his other complices , for murthering the King. The Queen not daring openly to reject the Earle of Lenox his solicitation , did appoint a day for the Triall of Bothwell by an Assize ; the members whereof , was the Earle of Cathnes President , the Earle of Cassels , ( who at the first refused , but thereafter , being threatned to be put in prison , and under the pain of Treason , was present by the Queens command ) Iohn Hamilton Commendator of Aberbrothok , Lord Rosse , Lord Semple , Lord Boyd , Lord Hereis , Lord Olyphant ; the Master of Forbes , the Lairds of Lochinuar , Langton , Cambusidentham , Barnbougel and Boyne : They , to please the Queen , and for fear , did pronounce Bothwell not guilty , notwithstanding the manifest evidences of the cruell fact committed by Bothwell , who before the Tryall , did make himself strong by divers means ; namely , by the possession of the Castle of Edinburgh , so that the accusers durst not appear , not being strong enough . The Earle of Marre did retire to Sterlin , and had committed to his charge the young Prince . All this was done in February . In April , Bothwell called together sundry of the Lords who had come to Edinburgh , to a meeting that was there ; and having gained some before , made them all , what by fear , what by fair promises , first of their private State , and then of advancing the Papists Religion , to consent by their subscriptions to the Marriage with the Queen . Then the Queen goes to Sterlin to see her son ; Bothwell makes a shew as if he were going to the Borders to suppresse Robbers , and so he raiseth some men of War ; which when he had done , he turneth towards the way to Sterlin , where he meets the Queen , according to appointment betwixt them , and carrieth her to Dumbar , as it had been by force , although every one knew it was with the Queens liking . The prime Nobility convened at Sterlin , and from thence sent to her , to know whether or not she was taken against her will : She answered , That it was true she was taken against her will , but since her taking , she had no occasion to complain ; yea , the courteous entertainment she had , made her forget and forgive all former offences . These expressions were used by way of preface to the Pardon , which was granted immediately thereafter to Bothwell ; for by Letters Patents he was pardoned by the Queen , for laying violently hands upon her Majestie , and for all other crimes : So by this , &c. the murther of the King was pardoned . During the Queens abode in Dumbar , there was Letters of Divorce demanded and granted unto Bothwell from his Lady ( who afterward was married to the Earle Sutherland ) she was sister to the Earle of . Huntley . The ground of the Divorce was , The parties being within the degrees prohibited , could not be lawfully joyned : Next , because Bothwell was an Adulterer , the Marriage was voyd . The Bill of Divorce was granted by the Papisticall Court of the Archbishop of Saint Androes . And here mark how they juggle in sacred things ; for when it pleaseth them , they untie the Bond of Marriage , as now , and as we have seen in the first Book of this History . When the Queen fell in distaste of the late King her husband , it was proposed unto her to have Divorce upon the same ground from the King : To which , first ear was given , but after second thoughts , a Bill of Divorce was too tedious ( as we have now said ) and could not be stayed for , therefore the King must be dispatched . The Queen , when Bothwell had obtained by the Archbishop a Letter of Divorce from his lawfull wife , sent a Letter signed with her own hand , to M. Io. Craig , Minister of Edinburgh , commanding him to publish the Band of Matrimony betwixt her and Bothwell . M. Io. Craig , the next Sermon day thereafter , declared in full Congregation , That he had received such a Command , but in conscience he could not obey it ; the Marriage was altogether unlawfull ; and of that he would declare the reasons to the parties , if he had audience of them , otherwise he would make known his just reasons in the hearing of the people . Immediately thereafter , Bothwell sends for Master Craig to the Councell , where M. Craig told , first , That by an Act of the Assembly it was forbidden to allow the Marriage of any divorced for adultery : The Divorce of Bothwell from his lawfull wife , was by collusion , witnesse the quick dispatch thereof ; for it was sought and had within ten dayes , and his contracting with the Queen instantly thereafter ; then his rapt of the Queen , and the guilt of the Kings death , which was confirmed by this Marriage : Withall , he desired the Lords to stop the Queen from that infamous Marriage . The Sunday after , he told publikely to the people , what he had said to the Councell ; and he took heaven and earth to witnesse , That he detested that scandalous and infamous Marriage ; and that he discharged his conscience unto the Lords , who seemed unto him , as so many slaves , what by flattery ▪ what by silence , to give way to that abomination . Upon this , he was called to the Councel again , and was reproved , as if he had exceeded the bounds of his Calling . Whereunto he answered , That the bounds of his Commission was the Word of God , right reason , and good Laws , against which he had said nothing ; and by all these offered to prove this Marriage to be scandalous and infamous . At this he was stopped by Bothwell , and sent from the Councell . Notwithstanding all this done and said by M. Craig , and the opposition of many that wished well to the Queen , and were jealous of her Honour , the Marriage went on , and they were married the 15 of May. This makes good the Latine Proverb , Mala nubunt mense Maio ; and a Bishop must blesse the Marriage : The good Prelat was Bishop of Orkney : If there be a good work to be done , a Bishop must do it . Here mark the difference betwixt this worthy Minister Master Craig , and this base Bishop . The Earle of Athole , immediately after the murther of the King , had tetired home , waiting for the occasion to revenge the Kings death : But seeing this abominable Marriage , he went to Sterlin , where other honest Lords with him had a Meeting , and made a Bond , To defend the young Prince from the murtherers of his father : As already they had had one Plot to cut him off , which God in his mercy did prevent . The Nobles that entred in this Bond , were the Earles of Argyle , Athole , Morton , Marr , and Glencarne ; the Lords Lindsey and Boyd . Argyle thereafter , seduced by some fair words , fell off ; and Boyd became a great Factionary for Bothwell in all things . The Queen , soon after the Marriage , was advised to send abroad an Ambassadour to acquaint her forraigne friends and kindred ; And this must be a Bishop : It is pity that any good work should be done without a Bishop : Was not this a worthy employment for a Pastor in Gods Church ? Bothwell seeing the Bond made at Sterlin , causeth the Queen to write to sundry of the Nobility : Divers repaired unto her , where they found a Bond tendred unto them , by which they were to binde themselves to defend the Queen and Bothwell . Some that were corrupt , did willingly subscribe ; others for fear did the same : And there was not one that went to Court that did refuse , but the Earle of Murray ; who refusing absolutely to enter into a Bond with Bothwell , said , It was not the part of a good subject ; Yet since he had been made friends with him some time before , he would keep his promise unto the Queen : And to enter into a Bond with the Queen , it was needlesse and unfit , since he was to obey her in all lawfull and just things . Upon this , he gat leave , although with great difficulty , to go into France . The Queen receives now Hamilton Archbishop of S. Androes , into favour since these changes ; who was no lesse a faithfull Councellor to her , then he was a good Pastor of Christs Flock ; that is , He betrayed her , and disobeyed God. With this a Proclamation comes out in favour of the poor Protestants ; whereby the Queen declares , That she will keep and confirm all that she had promised at her Arrivall into Scotland : This was done to stop the peoples mouthes ; but all in vain , for the people were universally against the abomination of the Court. Within few dayes , Bothwell and the Queen , were raising men , under pretext to go to the Borders to represse the Robbers there ; but in effect , to go to Sterlin , to have the Prince in their custody , that they might dispose of him according to their minde . Then a new Proclamation came out , That the Queen hereafter would rule onely by the advice of the Nobles of the Land , as her best Predecessors had done . The Lords at Sterlin hearing of this plot , strives to prevent it , and to this purpose they appointed with the Lord Humes to besiege the Castle of Borthwike , where the Queen and Bothwell was : But because the Earl of Athole did not come at the hour appointed , they had not men enough to environ and compasse the Castle ; so that Bothwel having notice given him of the businesse , escaped to Dumbar , and the Queen after him , in mans clothes . The Lords failing of their designe at Borthwike Castle , went to Edinburgh , whereof they made themselves Masters easily , having the affections of the people , notwithstanding the Earle Huntley , and the Archbishop of S. Androes perswasion to the contrary : These two , with their associates , were constrained to retire to the Castle , where they were received by Sir Iam. Balfour , left there by Bothwel . The twelfth of Iune , which was the next day following , the Lords at Edinburgh caused to publish a Proclamation , whereby they declared , That the Earl Bothwell , who had been the principall author , deviser , and actor of the cruell murther of the late King , had since laid hand upon the Queens person , and had her for the present in Dumbar in his power ; and finding her utterly destitute of all good counsell , had seduced her to a dishonest and unlawfull marriage with himself ; yea , that now he was gathering Forces , and stirring himself to get the young Prince in his hands , that he might murther the Childe , as he had murthered the Father . This wicked man the Nobles of the Land resolved to withstand , and deliver the Queen out of his bondage ; wherefore they did charge all Lieges within the Kingdom that could come to them , to be in readinesse at 3 hours warning to assist them , the Nobles , for the freeing of the Queen from captivity , and bringing the said Earle Bothwell to a Legall Triall , and condigne punishment for the aforesaid murther and other Crimes . All such that would not syde with the Lords were by this Proclamation commanded to depart from Edinburgh within four hours , under the pain of being accounted enemies , &c. Notwithstanding this Proclamation , the people did not joyn unto these Lords as was expected , for sundry of the Nobles were adversaries to the businesse , other stood as Neuters ; and withall , those that were convened together were not well provided of Armes and Munition for exploits of warre ; so that they were even thinking to dissolve and leave off their Enterprize till another time , and had absolutely done so ; but God had ordained other wayes , as the event did shew ( if the Queen and Bothwell could have had patience to stay at Dumbar for three or four dayes without any stirre ) but the Queen and Bothwell having gathered together about four or five thousand men , trusting in their Force ( the Queen being puft up by Flatterers ) set forth and Marched towards Leith : being come forward as farre as Glaidsmure , she caused publike Proclamation against the aforesaid Lords , calling them a number of Conspirators , and that she now discerned their inward malice against her and her husband , the Duke of Orkney ( for so now they called Bothwell : ) After they had endeavoured to apprehend her and her Husband at Brothwick , and had made a seditious Proclamation , under pretence of seeking the revenge of the King her late husband ; and to free her from Captivity , giving out , That the Duke her husband had a minde to invade the Prince her Sonne ; all which was false , for the Duke her Husband had used all means to clear himself , both by a Legall way , and by the offer of a Combate to any that did accuse him , as they knew well enough : As touching her captivity , she was in none , but was in company with her Husband , unto whom she was publikely married in the view of the world , and many of the Nobles had given their consent unto this her marriage : As for the Prince her Sonne , it was but a specious pretence to the Treason and Rebellion against her their naturall Soveraign , and her Posterity , which they intended to overthrow ; wherefore she declared her self necessitated to take Arms , hoping that all her faithfull Subjects would adhere unto her , and that those who were already assembled with her , would with good hearts and hands stand to her defence ; and for the recompence of their valour they should have the Lands and goods of these unnaturall Rebels . After this Proclamation the Army went on , and the Queen that night came to Seaton , where she lay . About Midnight the Lords of Edinburgh were advertised of the Queens approach , presently they took Arms , and at the Sun rising they were at Muselburgh , where they refreshed themselves with meat and rest . The Queens Camp was not yet stirring . About Midday the Scouts that the Lords had sent out , brought word that the Enemy was Marching towards them ; presently they put themselves in two Battalia's , the first was conducted by the Earle Morton , and the Lord Hume ; the second by the Earls Athole , Glencarne , the Lords Lindsey , Ruthuen , Semple and Sancharmar , with the Lairds Drumlanrick , Tullibardin , Cesfoord , and Graunge , with divers others , their number was almost as great as the Queens , their men better , being many of them expert men , that I say nothing of the Cause . The Queen had gained a Hill , called Carbarry , which the Lords ( by reason of the steepnesse of the ascent ) could not well come at ; wherefore they wheeled about to get a more convenient place to go to the Hill , where the Enemy was , and to have the Sunne behinde them in the time of the sight . At the first the Queen seeing their thus going about , did imagine they were fleeing away to Dalketh , but when she saw them come directly towards her , she found her selfe deceived . The French Ambassadour seeing them ready to fight , strived to take up the businesse , and having spoken with the Queen , went to the Lords , telling them , that the Queene was disposed to peace , and to forgive and pardon this Insurrection ; wherefore it was very fit to spare blood , to agree in a peaceable way . The Earle of Morton ( in the name of all rest ) answered , That they had taken up Armes , not against the Queen , but against the murtherer of the King ; whom if she would deliver to be punished , or at least put from her company , she should finde a continuation of dutifull obedience by them , and all other good subjects ; otherwise no peace : Besides , we are not to ask pardon for any offence done by us . The Ambassadour seeing their resolution to stand to the right of their Cause , withdrew , and went to Edinburgh . While the French Ambassadour was thus labouring for Accommodation , Bothwell came out of the Camp ( which was in the Trench that the Englishmen had left at their last being in these places , as was we have said in the former Books ) well mounted , with a defie to any that would fight with him . Iames Murray , brother to the Laird of Tullibardin , who before had accepted of Bothwells challenge , when he made the Rodomontade at Edinburgh , immediately after the Kings death ; but then Iames Murray did not make knowne his name . Bothwell refused to fight with Iames Murray , alleadging he was not his equall . Upon this the Elder Brother William Murrey , Laird of Tullibardin , answered , That he would fight with him , as being his Better in Estate , and in Antiquitie of House many degrees above him ; yet Bothwell refused him , saying , That he was not a Peer of the Kingdome , as he was ; then sundry Lords would have gone to fight with Bothwell ; but the Lord Lindsey namely , who said to the rest of the Lords and Gentlemen , That he would take it as a singular favour of them , and as a recompence of his service done to the State , if they would suffer him to fight with the Braggadocio . Bothwell seeing that there was no more subterfuge nor excuse , under-hand made the Queen to forbid him . After this challenge and answers , Bothwells Complices and Followers were very earnest to fight , but others that had come only for the Queens sake , became little cold , saying , That Bothwell would do well to fight himself , and spare the blood of divers Gentlemen that were there . Some counselled to delay the Battell till the Hamiltons came , whom they did expect . All this the Queen heard with anger ; and riding up and down , burst out in tears , and said , They were all cowards and traytors that would not fight . Immediately after , thus vapouring , the Queen pereceiving sundry to leave her , she advised Bothwell to look unto himself , for she said to him , She would render her self unto the Noble-men . Upon this she sent for Iames Kirkaldie of Grange , with whom she kept discourse for a while , till that she was assured that Bothwell was out of danger . Then she went to the Lords , whom she did entertain with many fair words , telling them , That it was neither fear , nor want of hope of victory , that made her come unto them , but a meer desire to spare shedding of innocent blood : Withall she promised to be ruled and advised by them . With this she was received with all respect : But shortly after , declaring that she would go to the Hamiltons , with promise to return , they restrained her liberty , and brought her along with them to Edinburgh at night : She was very slow in marching , looking to be rescued by the Hamiltons ; but in vain : She lay that night in the Provest his house . The next day , the Lords sent the Queen to the Castle that is within an Isle of Lochlevin . Sir Iames Balfour seeing the Queen committed , and Bothwell consequently defeated , he capitulated with the Lords for the delivery of the Castle . Bothwell finding himself thus in disorder , sent a servant to Sir Iames Balfour , to save a little silver Cabinet , which the Queen had given him . Sir Iames Balfour delivers the Cabinet to the messenger , and under-hand giveth of it to the Lords . In this Cabinet had Bothwell kept the Letters of privacy he had from the Queen : Thus he kept her Letters , to be an awe-bond ●pon her , in case her affection should change . By the taking of this Cabinet , many particulars betwixt the Queen and Bothwell were cleerly discovered . These Letters were after printed : They were in French ; with some Sonnets of her own making . Few dayes after the commitment of the Queen , the Earle of Glencarne with his domesticks , went to the Chappell of Halyrud-house , where he brake down the Altars and the Images : Which fact , as it did content the zealous Protestants , so it did highly offend the popishly affected . The Nobles , who had so proceeded against Bothwell , and dealt so with the Queen , hearing that the Hamiltons had a great number of men , and had drawn the Earls of Argyle and Huntley to their side , sent to Hamilton , desiring those that were there to joyn with them , for the redresse of the disorders of Church and State : But the Hamiltons thinking now they had a fair occasion fallen unto them to have all again in their hands , and to dispose of all according to their own minde , did refuse audience to the Message sent by the Lords , Upon this , the Lords moved the generall Assembly then met in Edinburgh , in the moneth of Iune , to write to the Lords that either were actually declared for the Hamiltons , or were neuters : And so severall Letters were directed to the Earles of Argyle , Huntley , Cathnes , Rothesse , Crauford , and Menteth ; to the Lords Boyd , Drummens , Grame , Cathcart , Yester , Fleming , Levinston , Seaton , Glamnis , Uthiltrie , Gray , Olyphant , Methven , Inderneth , and Somervile ; as also to divers other men of note . Besides the Letters of the Assembly , Commissioners were sent from the Assembly , to the Lords above-named ; to wit , Iohn Knox , Iohn Dowglas , Iohn Row , and Iohn Craig , who had instructions conforme to the tenour of the Letters , to desire these Lords and others , to come to Edinburgh , and joyn with the Lords there , for the setling of Gods true Worship in the Church , and policy reformed according to Gods Word , a maintenance for the Ministers , and support for the poor : But neither the Commissioners nor the Letters did prevail with these men ; they excused , That they could not repair to Edinburgh with freedome , where there was so many armed men , and a Garrison so strong : But for the Church-affairs , they would not be any wayes wanting , to do what lay in them . The Lords at Edinburgh seeing this , joyneth absolutely with the Assembly ( which had been prorogated to the 20 of Iuly , upon the occasion of these Letters and Commissioners aforesaid ) and promiseth to make good all the Articles they thought fit to resolve upon in the Assembly : But how they performed their promises , God knows alwayes . The Articles they agreed upon were these : 1. THat the Acts of Parliament holden at Edinburgh the 24 of August 1560. touching Religion , and abolishing the Popes Authority , should have the force of a publicke Law ; and consequently this Parliament defended , as a lawfull Parliament , and confirmed by the first Parliament that should be kept next . 2. That the Thirds of the Tythes , or any more reasonable proportion of Benefices , should be allowed towards the maintenance of the Ministery ; and that there should be a charitable course taken concerning the exacting of the Tythes of the poor Labourers . 3. That none should be received in the Vniversities , Colledges , or Schools , for instruction of the youth , but after due tryall both of capacity and probitie . 4. That all crimes and offences against God , should be punished according to Gods Word ; and that there should be a Law made there-anent , at the first Parliament to be holden . 5. As for the horrible murther of the late King , husband to the Queen , which was so haynous before God and man , all true professors , in whatsoever rank or condition , did promise to strive that all persons should be brought to condigne punishment , who are found guilty of the same crime . 6. They all promised to protect the young Prince against all violence , lest he should be murthered as his father was ; And that the Prince should be committed to the care of four wise and godly men , that by a good Education , he might be fitted for that high Calling he was to execute one day . 7. The Nobles , Barons , and others , doth promise to beat down and abolish Popery , Idolatry and Superstition , with any thing that may contribute unto it ; As also to set up and further the true Worship of God , his Government , the Church , and all that may concerne the purity of Religion and life ; And for this to convene and take Arms , if need require . 8. That all Princes and Kings hereafter in this Realm , before their Coronation , shall take Oath to maintain the true Religion now professed in the Church of Scotland , and suppresse all things contrary to it , and that are not agreeing with it . To these Articles subscribed the Earles of Morton , Glencarne , and Marre , the Lords Hume , Ruthen , Sanchar , Lindsey , Grame , Inermeth , and Uchiltrie , with many other Barons , besides the Commissioners of the Burroughs . This being agreed upon , the Assembly dissolved . Thereafter the Lords Lindsey and Ruthuen were sent to Lochlevin to the Queen , to present unto her two Writs ; the one contained a Renounciation of the Crowne and Royall Dignity , in favour of the Prince her son ; with a Commission to invest him into the Kingdome , according to the manner accustomed : Which , after some reluctancy with tears , she subscribed , by the advice of the Earle of Athole , who had sent to her ; and of Secretary Lethington , who had sent to her Robert Melvill for that purpose : So there was a Procuration given to the Lords Lindsay and Ruthuen , by the Queen , to give up and resigne the Rule of the Realme , in presence of the States . The second Writ was , To ordain the Earle of Murray Regent , during the Princes minority , if he would accept the Charge : And in case he refused , the Duke Chattellarault , the Earles of Lenox , Argyle , Athole , Morton , Glencarne and Marre , should governe conjoyntly . These Writs were published the 29 of Iuly , 1567. at the Market-Crosse of Edinburgh : Then at Sterlin was the Prince Crowned King , where Iohn Knox made the Sermon : The Earl Morton and the Lord Hume , took the Oath for the King , That he should constantly live in the Profession of the true Religion , and maintain it ; And that he should governe the Kingdom according to Law thereof , and do Justice equally to all . In the beginning of August , the Earle Murray being sent for , cometh home ; in all haste he visites the Queen at Lochlevin , strives to draw the Lords that had taken part with the Hamiltons , or were neuters , to joyne with those that had bound themselves to stand for the Kings Authority : He was very earnest with divers , by reason of their old friendship ; but to little purpose . The twentinth of August , he received the Regencie , after mature and ripe deliberation , at the desire of the Queen , and Lords that were for the King , and so was publikely proclaimed Regent , and Obedience shewed unto him by all that stood for the young King. The end of the History of the Church of Scotland , till the yeer 1567. and Moneth of August . THE APPELLATION OF IOHN KNOX , From the cruell and most unjust Sentence pronounced against him , by the false Bishops and Clergie of Scotland : With his Supplication and Exhortation to the Nobility , States , and Communalty of the same Realme . To the Nobility and States of SCOTLAND : JOHN KNOX wisheth Grace , Mercy and Peace , from God the Father of our Lord Iesus Christ , with the Spirit of righteous Iudgement . IT is not onely the love of this Temporall life ( Right Honourable ) neither yet the fear of Corporal death , that moveth me at this present to expose unto you the injuries done against me ; and to crave of you , as of lawfull Powers by God appointed , redresse of the same ; But partly it proceedeth from that reverence which every man oweth to Gods Eeternall Truth : And partly , from a love which I bear to your Salvation , and to the Salvation of my Brethren abused in that Realme , by such as have no fear of God before their eyes . It hath pleased God of his infinite mercy , not onely to illuminate the eyes of my minde , and so to touch my dull heart , that cleerly I see , and by his grace unfainedly believe , That there is no other name given to men under the heaven in which Salvation consisteth , save the Name of JESUS alone , Who by that Sacrifice which he did once offer upon the Crosse , hath sanctified for ever all those that shall inherite the Kingdom promised : But also it hath pleased him of his superaboundant grace , to make and appoint me , most wretched of many thousands , a Witnesse , Minister and Preacher of the same Doctrine ; the sum whereof , I did not spare to communicate with my Brethren , being with them in the Realme of Scotland , in the yeer 1556 , because I know my self to be a Steward , and that accounts of the Talent committed to my charge , shall be required of me by him , who will admit no vain excuse which fearfull men pretend : I did therefore ( as God his minister ) during the time I was conversant with them ( God is record and witnesse ) truely and sincerely , according to the gift granted unto me , divide the Word of Salvation , teaching all men to hate sin , which before God was and is so odious , that none other Sacrifice would satisfie his Justice , except the death of his onely Son ; and to magnifie the mercies of our heavenly Father , who did not spare the substance of his own glory , but did give him to the world , to suffer the ignominious and cruell death of the Crosse , by that means to reconcile his chosen children to himself : teaching further , what is the duty of such as do believe themselves purged by such a Price , from their former filthinesse ; to wit , That they are bound to walk in the newnesse of life , fighting against the lusts of the flesh , and studying at all times to glorifie God by such good works as he hath prepared his people to walk in . In Doctrine I did further affirm ( so taught by my Master Christ Jesus ) That whosoever denieth him , yea , or is ashamed of him before this wicked Generation , him shall Christ Jesus deny , and of him shall he be ashamed , when he shall appear in his Majesty : And therefore I feared not to affirm , That of necessity it is , that such as hope for life everlasting , avoid all Superstition , vain Religion and Idolatry : Vain Religion and Idolatry , I call whatsoever is done in Gods Service or Honour , without the expresse Commandment of his own Word . This Doctrine I did believe to be so conformable to Gods holy Scriptures , that I thought no creature could have been so impudent , as to have condemned any Point or Article of the same : Yet neverthelesse me , as an heretick , and this Doctrine , as hereticall , have your false Bishops and ungodly Clergie condemned , pronouncing against me a Sentence of death ; in testification whereof , they have burned a Picture . From which false and cruell Sentence , and from all judgement of that wicked Generation , I make it known unto your Honours , That I appeal to a Lawfull and Generall Councell , to such , I mean , as the most ancient Laws and Cannons do approve , to be holden by such , as whose manifest impiety is not to be reformed in the same : Most humbly requiring of your Honours , That as God hath appointed you Princes in that People , and by reason thereof , requireth of your hands the defence of Innocents troubled in your Dominion , in the mean time , and till the controversies that this day be in Religion , be lawfully decided , ye receive me , and such others as most unjustly by those cruell Beasts are persecuted , in your defence and Protection . Your Honours are not ignorant , That it is not I alone , who doth sustain this Cause against the pestilent Generation of Papists , but that the most part of Germany , the Countrey of Helvetia , the King of Denmarke , the Nobility of Polonia , together with many other Cities and Churches Reformed , appeal from the Tyrannie of that Antichrist , and most earnestly call for a Lawfull and Generall Councell , wherein may all Controversies in Religion be decided , by the Authority of Gods most sacred Word . And unto this same , as said is , do I appeal yet once again , requiring of your Honours to hold my simple and plain Appellation of no lesse value nor effect , then if it had been made with greater circumstance , solemnity , and ceremony ; and that you receive me calling unto you , as to the Powers of God ordained , in your protection and defence , against the rage of Tyrants ; not to maintain me in any iniquity , errour , or false opinion , but to let me have such equity , as God by his Word , ancient Laws and Determinations of most godly Councells , grant to men accused or infamed . The Word of God wills , That no man shall die , except he be found criminall and worthy of death for offence committed , of which he must be manifestly convinced by two or three witnesses . Ancient Law do permit just defences to snch as be accused ( be their crimes never so horrible . ) And godly Councells wills , That neither Bishop nor person Ecclesiasticall whatsoever , accused of any crime , shall sit in Judgement , Consultation , or Councell , where the cause of such men as do accuse them is to be tried . These things require I of your Honours to be granted unto me , to wit ; That the Doctrine which our adversaries condemn for heresie , may be tried by the simple and plain Word of God ; That just Defences be admitted to us that sustain the Battell against this pestilent Generation of Antichrist ; And that they be removed from judgement in our Cause , seeing that our accusation is not intended against any one particular person , but against that whole kingdom , which we doubt not to prove to be a power usurped against God , against his Commandment , and against the Ordinance of Christ Jesus established in his Church by his chief Apostles ; Yea , we doubt not to prove the kingdom of the Pope , to be the kingdom and power of Antichrist . And therefore , my Lords , I cannot cease in the Name of Christ Jesus , to require of you , That the matter may come to examination , and that ye the States of the Realme , by your Authority , compell such as will be called Bishops , not onely to desist from their cruell murthering of such as do study to promote Gods glory , in detecting and disclosing the damnable impiety of that Man of Sin the Romane Antichrist ; but also that ye compell them to answer to such crimes as shall be laid to their charge , for not righteously instructing the Flock committed to their cares . But here I know two things shall be doubted : The former , Whether that my Appellation is lawfull , and to be admitted , seeing that I am condemned as an heretick : And secondly , Whether your Honours are bound to defend such as call for your support in that case , seeing that your Bishops ( who in matters of Religion claim all Authority to appertain to them ) have by their sentence already condemned me . The one and the other I nothing doubt most cleerly to prove : First , That my Appellation is most lawfull and just : And secondly , That your Honours cannot refuse to defend me thus calling for your ayd ; for in refusing , ye declare your selves rebellious to God , maintainers of murtherers , and shedders of innocent blood . How just cause I have by the Civill Law ( as for their Canon , it is accursed of God ) to appeal from their unjust sentence , my purpose is not to make long discourse ; Onely I will touch the points which all men confesse to be the just causes of Appellation : first , Lawfully could I not be summoned by them , being for that time absent from their Jurisdiction , charged with the Preaching of Christs Evangell in a free City , not subject to their Tyranny . Secondly , To me was no intimation made of their summons , but so secret was their surmised malice , that the Copie of summons being required , was denyed . Thirdly , To the Realme of Scotland could I have had no free nor sure accesse , being before compelled to quit the same by their unjust Tyranny . And lastly , To me they neither could nor can be competent and indifferent Judges , for that , before any summons were raised against me , I had accused them by Letters published to the Queen Dowager , and had intended against them all crimes , offering my self , with hazard of life , to prove the same , for the which they are not onely unworthy of Ecclesiasticall Authority , but also of any sufferance within a Common-wealth professing Christ. This my accusation preceding their summons , neither by the Law of God , neither yet by the law of man , can they be to me competent Judges , till place be granted unto me openly to prove my accusation intended against them , and they be compelled to make answer , as criminalls : For I will plainly prove , That not onely Bishops , but also Popes , have been removed from all Authority , and pronouncing of judgment , till they have purged themselves of accusations laid against them . Yea , further I will prove , That Bishops and Popes have most justly been deprived from all Honours and administration , for smaller crimes then I have to charge the whole rabble of your Bishops . But because this is not my chief ground , I will stand content for this present to shew , That it is lawfull to Gods Prophets , and to Preachers of Christ Jesus , to appeal from the sentence and judgement of the visible Church , to the knowledge of the Temporall Magistrate , who by Gods Law is bound to hear their causes , and to defend them from Tyranny . The Prophet Ieremy was commanded by God to stand in the court of the House of the Lord , and to preach this Sermon , in effect ; That Ierusalem should be destroyed , and be exposed in opprobrie to all Nations of the earth ; And that also that famous Temple of God should be made desolate , like unto Sylo , because the Priests , the Prophets , and the people , did not walk in the Law which God hath proposed unto them , neither would they obey the voyces of the Prophets whom God sent to call them to repentance . For this Sermon , was Ieremy apprehended , and a sentence of death pronounced against him , and that by the Priests , by the Prophets , and by the People : which things being bruted in the ears of the Princes of Iuda , they passed up from the Kings House , to the Temple of the Lord , and sate downe in Judgement for further knowledge of the cause : But the Priests and Prophets continued in their cruell sentence which before they had pronounced , saying , This man is worthy of death ; for he hath prophesied against this City , as your ears have heard . But Ieremy , so moved by the holy Ghost , began his defence against that their tyrannous sentence , in these words ; The Lord ( saith he ) hath sent me to prophesie against this House , and against this City , all the words which you have read . Now therefore make good your wayes , and hear the voyce of the Lord your God , and then shall he repent of the evil which he hath spoken against you . And as for me , behold , I am in your hands ( so doth he speak to the Princes ) do to me as you think good and right : Neverthelesse , know you this most assuredly , That if ye murther or slay me , ye shall make your selves , this City , and the inhabitants of the same , criminall and guilty of innocent blood ; for of a truth the Lord hath sent me to speak in your ears all these words . Then the Princes and the people ( saith the Text ) said , This man is not worthy of death , for he hath spoken to us in the Name of the Lord our God. And so , after some contention , was the Prophet delivered from that danger . This fact and history manifestly proveth whatsoever before I have affirmed ; to wit , That it is lawfull for the servants of God to call for the help of the Civill Magistrate , against the sentence of death , if it be unjust , by whomsoever it is pronounced ; And also that the Civill Sword hath power to represse the fury of the Priests , and to absolve whom they have condemned : For the Prophet of God was condemned by those , who then onely in earth were known to be the visible Church ; to wit , the Priests and Prophets who were in Ierusalem , the successors of Aaron , to whom was given a charge to speak to the people in the Name of God , and a Precept given to the people to hear the Law from their mouthes ; to the which if any should be rebellious or inobedient , he should die the death without mercy . These men , I say , thus authorized by God , first did excommunicate Ieremy , for that he did Preach otherwise then did the common sort of Prophets in Ierusalem : And last , apprehended him , as you have heard , pronouncing against him this sentence afore-written ; from the which neverthelesse the Prophet appealed , that is , Sought helpe and defence against the same , and that most earnestly did he crave of the Princes : For albeit he saith , I am in your hands , do with me as ye think righteous , he doth not contemne or neglect his life , as though he regarded not what should become of him , but in those his words most vehemently did he admonish the Princes and Rulers of the people , giving them to understand what God should require of them ; as if he should say , Ye Princes of Iuda , and Rulers of the people , to whom appertaineth indifferently to judge betwixt party and party , to justifie the just man , and to condemne the malefactor , you have heard a sentence of death pronounced against me , by those whose lips ought not to speak deceit , because they are sanctified and appointed by God himself , to speak his Law , and to pronounce judgement with equity ; but as they have left the living God , and have taught the people vanity , so are they become mortall enemies to all Gods true servants , of whom I am one , rebuking their iniquity , apostasie and defection from God , which is the onely cause they seek my life . But a thing most contrary to all equity , law and justice it is , that I , a man sent of God , to call them , his people , and you again to the true service of God , from the which you are all declined , shall suffer the death , because that my enemies do so pronounce sentence . I stand in your presence , whom God hath made Princes , your power is above their Tyranny , before you do I expose my cause , I am in your hands , and cannot resist to suffer what ye think just : But lest that my lenity and patience should either make you negligent in the defence of me in my just cause , appealing to your judgement , either yet encourage my enemies in seeking my blood , this one thing I dare not conceal , That if you murther me ( which thing ye do , if ye defend me not ) ye make not onely my enemies guilty of my blood , but also your selves , and this whole City . By these words , I say , it is evident , That the Prophet of God , being condemned by the Priests , and by the Prophets of the visible Church , did seek ayd , support and defence at the Princes and temporall Magistrates , threatning his blood to be required at their hands , if they , by their Authority , did not defend him from the fury of his enemies ; alleadging also just causes of his Appellation , and why he ought to have been defended ; to wit , That he was sent of God to rebuke their vices and defection from God ; That he taught no Doctrine which God before had not pronounced in his Law ; That he desired their conversion to God , continually calling upon them to walke in the wayes which God had approved ; and therefore doth he boldly crave of the Princes , as of Gods Lievtenants , to be defended from the blinde rage and tyranny of the Priests , notwithstanding that they claimed to themselves Authority to judge all matters of Religion . And the same did he when he was cast in prison , and thereafter was brought to the presence of King Zedechias . After , I say , he had defended his innocency , affirming , That he neither had offended against the King , against his servants , nor against the people , at last he made intercession to the King for his life , saying , But now , my Lord the King , take heed , I beseech thee , let my prayer fall into thy presence , command me not to be carried again into the house of Jonathan the Scribe , that I die not there . And the Text witnesseth , That the King commanded the place of his imprisonment to be changed . Whereof it is evident , That the Prophet did ofter then once seek help at the Civill power ; and that first the Princes , and thereafter the King did acknowledge , That it appertained to their Office to deliver him from the unjust sentence which was pronounced against him . If any man think that Ieremy did not appeal , because he onely declared the wrong done unto him , and did but crave defence according to his innocency , let the same man understand , That none otherwise do I appeal from that false and cruell sentence which your Bishops pronounced against me ; Neither yet can there be any just cause of Appellation , but innocency , or suspition to be hurt , whether it be by ignorance of a Judge , or by malice and corruption of those , who under the title of Justice , do exercise Tyranny . If I were a thief , murtherer , blasphemer , open adulterer , or any offender whom Gods Word commandeth to suffer for a crime committed , my Appellation were vain , and to be rejected : But I being innocent , yea , the Doctrine which your Bishops have condemned in me being Gods Eternall Verity , have no lesse liberty to crave your defence against that cruelty , then had the Prophet Ieremy to seek ayd of the Princes and King of Iuda . But this shall more plainly appear in the fact of Saint Paul , who after that he was apprehended in Ierusalem , did first claim the liberty of the Romane Citizens , for avoyding torment , when the Captain would have examined him by questions : Thereafter in the Councell , where no righteous judgement was to be hoped for , he affirmed that he was a Pharisee , and that he was accused of the Resurrection of the dead , and last , in the presence of Festus , he appealed from all knowledge and judgement of the Priests at Ierusalem , to the Emperour : Of which last Point , because it doth chiefly appertain to this my cause , I will somewhat speak . After that Paul had divers times been accused , as in the Acts of the Apostles is manifest , at the last the chief Priests and their faction came to Cesarea , with Festus the President , who presented uuto them Paul in Judgement , whom they accused of horrible crimes , which neverthelesse they could not prove , the Apostle maintaining , That he had offended neither against the Law , neither against the Temple , neither yet against the Emperour . But Festus willing to gratifie the Iews , said to Paul , Wilt thou go up to Jerusalem , and there be judged of these things in my presence ? But Paul said , I stand at the Iustice Seat of the Emperour , where it behoveth me to be judged ; I have done no wrong to the Iews , as thou better knowest : If I have done any thing unjustly , or yet committed crime worthy of death , I refuse not to die : But if there be nothing of these things true whereof they accuse me , no man may give me to them : I appeal to Caesar. It may appear at the first sight , That Paul did great injury to Festus the Judge , and to the whole Order of the Priesthood , who did hope greater equity in a cruell tyrant , then in all that Session , and learned company : which thing , no doubt , Festus did understand pronouncing these words , Hast thou appealed to Caesar ? Thou shalt go to Caesar. As if he would say , I , as a man willing to understand the truth , before I pronounce sentence , have required of thee to go to Ierusalem , where the learned of thine own Nation may hear thy Cause , and discern in the same . The controversie standeth in matters of Religion ; thou art accused as an apostate from the Law , as a violator of the Temple , and a transgressor of the Traditions of their Fathers ; in which matters I am ignorant , and therefore desire information by those that be learned in the same Religion whereof the question is ▪ and yet dost thou refuse so many godly Fathers to hear thy cause , and dost appeal to the Emperor , preferring him to all our judgments , of no purpose , belike , but to delay time . Thus , I say , it might have appeared that Paul did not onely injury to the Judge and to the Priests , but also that his cause was greatly to be suspected , partly for that he did refuse the judgement of those that had most knowledge ( as all men supposed ) of Gods Will and Religion ; and partly , because he appealed to the Emperour , who then was at Rome , far absent from Ierusalem , a man ignorant of God , and enemy to all vertue . But the Apostle considering the nature of his enemies , and what things they had intended against him , even from the first day he began freely to speak in the Name of Christ , did not fear to appeal from them , and from the Judge that would have gratified them . They had professed themselves plain enemies to Christ Jesus , and to his blessed Evangell , and sought the death of Paul , yea , even by factions and treasonable conspiracy , and therefore by no means would he admit them either as Judges in his cause , or auditors of the same , as Festus required ; But grounding himself upon strong reasons , to wit , That he had not offended the Jews , neither against the Law , but that he was innocent , therefore that no Judge ought to give him into the hands of his enemies : grounding , I say , his Appellation upon these reasons , he neither regarded the displeasure of Festus , neither yet the brute of the ignorant multitude , but boldly did appeal from all cognoscance of them , to the judgement of the Emperour , as said is . By these two examples , I doubt not but your Honours do understand , That it is lawfull to the servants of God , oppressed by tyrannts , to seek remedy against the same , be it by appellation from their sentence , or by imploring the help of Civill Magistrates : For what God hath approved in Ieremy and Paul , he can condemne in none that are so dealt withall . I might alleadge some History of the primitive Church serving to the same purpose ; as of Ambrose and Athanasius , of whom , the one would not be judged but at Millan , where that his Doctrine was heard of all his Church , and received and approved by many : And the other would in no wise give place to those Councells , where he knew that men conspiring against the Truth of God , should sit in Judgement and Consultation : But because the Scriptures of God are my onely foundation and assurance in all matters of weight and importance , I have thought the two former testimonies sufficient , as well to approve my Appellation reasonable and just , as to declare to your Honours , That with safe conscience ye cannot refuse to admit the same . If any think it arrogancy or foolishnesse in me to compare my self with Ieremy and Paul , let the same man understand , That as God is immutable , so is the Verity of his glorious Evangell of equall dignity , whensoever it is impugned , be the members suffering never so weak . What I think touching mine owne person , God will reveal , when the secrets of all hearts shall be disclosed : and such as with whom I have been conversant , can witnesse what arrogancy or pride they espie in me . But touching the Doctrine and cause which that adulterous and pestilent Generation of Antichrists servants ( who will be called Bishops amongst you ) have condemned me , I neither fear nor shame to confesse and avow before man and Angel , to be the Eternall Truth of the Eternall God. And in that case I doubt not to compare my self with any member in whom the Truth hath been impugned , since the beginning : For as it was the Truth which Ieremy did Preach , in these words ; The Priests have not known me ( saith the Lord ) but the Pastors have treacherously declined and fallen back from me . The Prophets have Prophesied in Baal , and have gone after those thing● which cannot helpe . My people have left the fountain of living Water , and have digged to themselves pits , which can contain no water . As it was a truth , That the Pastors and Watch-men in the dayes of Isaiah , were become dumb dogs , blinde , ignorant , proud and avaricious . And finally , as it was a truth , That the Princes and the Priests were murtherers of Christ Jesus , and cruell persecutors of his Apostles , so likewise it is a truth ( and that most infallible ) That those who have condemned me ( the whole rabble of the Papisticall Clergie ) have declined from the true Faith , have given ear to deceivable spirits , and to doctrine of devils ; are the stars fallen from the heaven to the earth , are fountains without water ; and finally , are enemies to Christ Jesus , denyers of his vertue , and horrible blasphemers of his death and passion . And further , As that visible Church had no crime , whereof justly they could accuse either Prophets or the Apostles , except their Doctrine onely ; so have not such as seek my blood other crime to lay to my charge , except , That I affirm , as alwayes I offer to prove , That the Religion which now is maintained by fire and sword , is no lesse contrarious to the true Religion taught and established by the Apostles , then is darknesse to light , or the devill to God ; And also , That such as now do claim the title and name of Church , are no more the elect Spouse of Christ Jesus , then was the Synagogue of the Jews the true Church of God , when it crucified Christ Jesus , condemned his Doctrine , and persecuted his Apostles . And therefore seeing that my Battell is against the proud and cruell hypocrites of this age , as that Battell of those most excellent instruments was against the false Prophets and malignant Church of their ages : Neither ought any man to thinke it strange that I compare my self with them , with whom I sustain a common cause ; Neither ought your Lordships judge your selves lesse addebted and bound to me , calling for your support , then did the Princes of Iuda think themselves bound to Ieremy , whom for that time they delivered , notwithstanding the sentence of death pronounced against him by the visible Church . And thus much for the right of my Appellation , which in the bowells of Christ Jesus I require your Honours not to esteem as a thing superfluous and vain , but that ye admit it , and also accept me in your protection and defence , that by you assured , I may have accesse to my native Countrey , which I never offended ; to the end that freely and openly , in the presence of the whole Realm , I may give my confession of all such Points as this day be in controversie ; And also that you , by your authority which ye have of God , compell such as of long time have blinded and deceived both your selves and the people , to answer to such things as shall be laid to their charge . But lest that some doubt remain , That I require more of you , then you of conscience are bound to grant ; in few words ▪ I hope my Petition to be such , as without Gods heavy displeasure ye cannot deny . My Petition is , That ye , whom God hath appointed Heads in your Common-wealth , with single eye do study to promote the glory of God , To provide that your subjects be rightly instructed in his true Religion , That they be defended from all oppression and tyranny , That true Preachers may be maintained , and such as blinde and deceive the people , together also with all idle bellies , which do rob and oppresse the Flock , may be removed and punished , as Gods Law prescribeth . And to the performance of every one of these , do your Offices and Names , the Honours and Benefits which ye receive , the Law of God universally given to all men and the examples of most godly Princes , binde and oblige you . My purpose is not to labour greatly to prove , That your whole studie ought to be , To promote the glory of God ; Neither yet will I studie to alleadge all reasons that justly may be brought to prove , That ye are not exalted to raign above your brethren as men without care and solicitude ; for these be principles so grafted in Nature , that very Ethnicks have confessed the same : For seeing that God onely hath placed you in his Chayr , hath appointed you to be his Lieutenants , and by his own Seal hath marked you to be Magistrates , and to rule above your brethren , to whom Nature neverthelesse hath made you like in all points ( for in conception , birth , life and death ye differ nothing from the common sort of men , but God onely as said is , hath promoted you , and of his speciall favour hath given you this Prerogative , to be called Gods ) How horrible ingratitude were it then , that you should be found unfaithfull to him , that hath thus honoured you ? And further , What a monster were it that you should be proved unmercifull to them , above whom ye are appointed to raigne , as fathers above their children ? Because , I say , that the very Ethnicks have granted , That the chief and first care of Princes , and of such as be appointed to rule above others , ought to be , To promote the glory and honour of their Gods , and to maintain that Religion which they supposed to have been true ; And that their second care was , To maintain and defend the subjects committed to their charge in all equity and justice : I will not labour to shew unto you what ought to be your studie in maintaining Gods true honour , left that in so doing I should seem to make you lesse carefull to Gods true Religion , then were the Ethnicks over their Idolatry . But because other Petitions may appear more hard and difficile to be granted , I purpose briefly , but yet freely , to speak what God by his Word doth assure me to be true : to wit , first , That in conscience you are bound to punish malefactors , and to defend innocents imploring your help . Secondly , That God requireth of you to provide that your subjects be rightly instructed in his true Religion ; and that the same be by you reformed , whensoever abuses do creep in by the malice of Satan and negligence of men . And lastly , That ye are bonnd to remove from Honour , and to punish with death ( if the crime so require ) such as deceive the people , or defraud them of that food of their souls , I mean , Gods lively Word . The first and second are most plain by the words of S. Paul , thus speaking of lawfull powers . Let every soul ( saith he ) submit himself unto the higher Powers ; for there is no power but of God : Whosoever resisteth therefore the Power , resisteth the Ordinance of God ; and they that resist , shall receive to themselves damnation : For Rulers are not to be feared of those that do well , but of those that do evil . Wilt thou then be without fear of the Power ? Do that which is good , and so shalt thou be praised of the same : For he is the Minister of God for thy weal : But if thou do that which is evil , fear ; for he beareth not the Sword for nought ; for he is the Minister of God , to take vengeance on them that do evil . As the Apostle in these words most straitly commandeth Obedience to be given to lawfull powers , pronouncing Gods wrath and vengeance against such as shall resist the Ordinance of God ; so doth he assigne to the powers their Offices , which be , To take vengeance upon evil doers , To maintain the well doers , and so to minister and rule in their Office , that the subjects by them may have a Benefit , and be praised in well doing . Now if you be powers ordained by God , ( and that I hope all men will grant ) then by the plain words of the Apostle is the Sword given unto you by God , for maintenance of the innocent , and for punishment of malefactors : But I , and my brethren with me accused , do offer not onely to prove our selves innocents in all things laid to our charge , but also we offer most evidently to prove your Bishops to be the very pestilence , who have infected all Christianity : And therefore by the plain Doctrine of the Apostle , you are bound to maintain us , and punish the other , being evidently convinced , and proved criminall . Moreover , the former words of the Apostle do teach , How far high powers are bound to their subjects ; to wit , That because they be Gods Ministers , by him ordained for the profit and utility of others , most diligently ought they to attend upon the same . For that cause assigneth the holy Ghost , commanding subjects to obey , and to pay Tribute , saying , For this do you pay Tribute and Toll ; that is , Because they are Gods Ministers , bearing the Sword for your utility . Whereof it is plain , That there is no honour , without a charge annexed . And this one point I wish your wisedoms deeply to consider , That God hath not placed you above your Brethren , to raigne as Tyrants , without respect of either profit or commodity . You hear the holy Ghost witnesse the contrary , affirming , That all powers be Gods Ministers , ordained for the weal , profit , and salvation of their subjects , and not for their destruction . Could it be said ( I beseech you ) That Magistrates inclosing their subjects in a City without all victualls , or giving unto them no other victualls but such as were poysoned , did rule for the profit of their subjects ? I trust that none would be so foolish as so to affirm ; but that rather every discreet person would boldly affirm , That such as so did , were unworthy of Regiment . If we will not deny that which Christ Jesus affirmeth to be a truth infallible ; to wit , That the soul is greater and more precious then is the body , then shall we easily espie how unworthy of Authority be those that this day debar their subjects from hearing of Gods Word , and by fire and sword compell them to feed upon the very poyson of their souls , the damnable Doctrine of Antichrist . And therefore in this point , I say , I cannot cease to admonish your Honors diligently to take heed over your charge , which is greater then the most part of men suppose . It is not enough that you abstain from violent wrong and oppression which ungodly men exercise against their subjects ; but ye are further bound , to wit , That ye rule above them for their weal ; which we cannot do , if that ye either by negligence not providing true Pastors , or yet by your maintenance of such as be ravening Wolves , suffer their souls to starve and perish for lack of the true food , which is Christs Evangell sincerely preached : It will not excuse you in his presence who will require account of every Talent committed to your charge , to say , That ye supposed that the charge of the souls had been committed to your Bishops . No no , my Lords , so ye cannot escape Gods judgement ; for if your Bishops be proved to be no Bishops , but deceivable theeves , and ravening wolves ( which I offer my self to prove by Gods Word , by Law and Councells , yea , by the judgement of all the godly learned , from the primitive Church to this day ) then shall your permission and defence , be reputed before God a participation with their theft and murther : For thus accused the Prophet Isaiah the Princes of Ierusalem : Thy Princes ( saith he ) are apostates , ( that is , obstinate refusers of God ) and they are companions of theeves . This grievous accusation was laid against them , albeit that they ruled in that City , which sometime was called Holy , where then were the Temple , Rites , and Ordinances of God ; because that not onely they were wicked themselves , but chiefly because they maintained wicked men , their Priests and false Prophets , in honours and authority : If they did not escape this accusation of the holy Ghost in that age , look ye neither to scape the accusation nor the judgement of wicked men ; to wit , That the one and the other shall drink the Cup of Gods wrath and vengeance together . And lest ye should deceive your selves , esteeming your Bishops to be vertuous and godly , this do I affirm , and offer my self to prove the same , That more wicked men then be the whole rabble of your Clergie , were never from the beginning universally known in any age ; yea , Sodome and Gomorra may be justified in respect of them ; for they permitted just Lot to dwell amongst them without any violence done to his body , which that pestilent Generation of your shaven sort doth not , but most cruelly persecute by fire and sword the true members of Christs Body , for no other cause , but for the true service and honouring of God. And therefore I fear not to affirm that , which God will one day justifie , That by your Offices ye are bound , not onely to represse their tyranny , but also to punish them as theeves and murtherers , as Idolaters , and blasphemers of God ; and in their rooms ye are bound to place true Preachers of Christs Evangell , for the instruction , comfort , and salvation of your subjects , above whom else shall never the holy Ghost acknowledge , That you rule in justice for their profit . If ye pretend to possesse the Kingdom with Christ Jesus , ye may not take example neither by the ignorant multitude of Princes , neither by the ungodly and cruell Rulers of the earth , of whom some passe their time in sloth , insolency and riot , without respect had to Gods honour , or to the salvation of of their brethren ; and others most cruelly oppresse , with proud Nimrod , such as be subject to them . But your pattern and example must be the practice of those whom God hath approved by the testimony of his Word , as after shall be declared . Of the premises it is evident , That to lawfull powers is given the Sword , for punishment of malefactors , for maintenance of innocents , and for the profit and utility of their subjects . Now let us consider , Whether the Reformation of Religion fallen in decay , and punishment of false Teachers , do appertain to the Civill Magistrate and Nobility of any Realme . I am not ignorant that Satan of old time , for maintenance of his darknesse , hath obtained of the blinde world two chief points : The former , He hath perswaded to Princes , Rulers , and Magistrates , That the feeding of Christs Flock appertaineth nothing to their charge , but that it is rejected upon the Bishops , and State Ecclesiasticall . And secondly , That the Reformation of Religion , be it never so corrupt , and the punishment of such as be sworn Souldiers in their kingdom , are exempted from all Civill power , and are reserved to themselves , and to their cognizance . But that no offender may justly be exempted from punishment ; and that the ordering and reformation of Religion , with the instruction of subjects , doth especially appertain to the Civill Magistrate , shall Gods perfect Ordinance , his plain Word , and the facts and examples of those that of God are highly praised , most evidently declare . When God did establish his Law , Statutes and Ceremonies in the midst of Israel , he did not exempt the matters of Religion from the power of Moses , but as he gave him charge over the Civill policie , so he put in his mouth and his hand ; that is , he first revealed to him , and thereafter commanded to put in practice whatsoever was to be taught or done in matters of Religion . Nothing did God reveal particularly to Aaron , but altogether was he commanded to depend from the mouth of Moses : Yea , nothing was he permitted to do to himself , or to his children , either in his or their Inauguration and Sanctification to the Priesthood , but all was committed to the care of Moses , and therefore were these words so frequently repeated to Moses , Thou shalt separate Aaron and his sons from the midst of the people of Israel , that they may execute the Office of the Priesthood ; thou shalt make them Garments , thou shalt anoynt them , thou shalt wash them , thou shalt fill their hands with Sacrifice . And so forth of every Rite and Ceremony that was to be done unto them , especiall commandment was given unto Moses , That he should do it . Now if Aaron and his sons were subject to Moses , that they did nothing but at his commandment , Who dare be so bold as to affirm , That the Civill Magistrate hath nothing to do in matters of Religion ? For seeing that then God did so straitly require , That even those who did bear the figure of Christ , should receive from the Civill power as it were their Sanctification , and entrance into their Office : And seeing also that Moses was so far preferred to Aaron , that the one commanded , and the other did obey , Who dare esteem that the Civill power is now become so profane in Gods eyes , that it is sequestred from all intromission with the matters of Religion . The holy Ghost in divers places declareth the contrary . For one of the chief Precepts commanded to the King , when that he should be placed in his Throne , was to write the example of the Book of the Lords Law , that it should be with him , that he might reade in it all the dayes of his life , that he might learn to fear the Lord his God , and to keep all the words of his Law and his Statutes to do them . This Precept he requireth , not onely that the King should himself fear God , keep his Law and Statutes , but that also he , as the chief Ruler , should provide that Gods true Religion should be kept inviolated of the people and flock which by God was committed to his charge . And this did not onely David and Solomon perfectly understand , but also some godly Kings in Iuda , after the apostasie and idolatry that infected Israel by the means of Ieroboam , did employ their understanding , and execute their power in some notable Reformations : For Asa and Iosaphat Kings in Iuda , finding the Religion altogether corrupt , did apply their hearts ( saith the holy Ghost ) to serve the Lord , and to walk in his wayes : And thereafter doth witnesse , That Asa removed from Honours his mother ( some say grand-mother ) because she had committed , and laboured to maintain Idolatry . And Iosaphat did not onely refuse strange gods himself , but also destroying the chief Monuments of Idolatry , did send forth the Levites to instruct the people . Whereof it is plain , That the one and the other did understand such Reformations to appertain to their duties . But the facts of Ezechias and of Iosias do more cleerly prove the power and duty of the Civill Magistrate in Reformation of Religion : Before the Raign of Ezechias Religion was so corrupt , that the doors of the House of the Lord were shut up , the Lamps were extinguished , no Sacrifice was orderly made : But in the first yeer of his Raigne , in the first moneth of the same , did the King open the doors of the Temple , bring in the Priests and Levites , and assembling them together , did speak unto them as followeth : Hear me , O ye Levites , and be ye sanctified now , and sanctifie also the House of the Lord God of your fathers , and carry forth all filthinesse ( he meaneth , All monuments and vessels of Idolatry ) for our fathers have transgressed , and have committed wickednesse in the eyes of the Eternall our God , they have left him , and turned their faces from the Tabernacle of the Lord ; and therefore is the wrath of the Lord come upon Juda and Jerusalem : Behold , our fathers have fallen by the sword , our sons , daughters , and wives are led into Captivity : But now have I purposed in my heart to make a Covenant with the Lord God of Israel , that he may turne the wrath of his fury from us . And therefore my sons ( he sweetly exhorteth ) be not faint , for the Lord hath chosen you to stand in his presence , and to serve him . Such as be not more then blinde , cleerly may perceive that the King doth acknowledge , That it appertained to his charge , To reforme the Religion . To appoint the Levites to their charges , and To admonish them of their Duty and Office : Which thing he most evidently declareth , writing his Letters to all Israel , to Ephraim and Manasses , and sent the same by the hands of Messengers , having this tenour : You sons of Israel , return to the Lord God of Abraham , Isaac , and Israel , and he shall turn to the residue that resteth from the hands of Assur : Be not as your fathers and as your brethren were , who have transgressed against the Lord God of their fathers , who hath made them desolate , as you see . Hold not your heart therefore , but give your hand unto the Lord , return unto his Sanctuary , serve him , and he shall shew mercy unto you , to your sons and daughters that be in Bondage ; for he is pitifull , and easie to be intreated . Thus far did Ezechias by Letters and Messengers provoke the people , declined from God , to repentance ; not onely in Iuda where he raigned lawfull King , but also in Israel , subject then to another King. And albeit that by some wicked men his Messengers were mocked , yet as they lacked not their just punishment ( for within six dayes after Samaria was destroyed , and Israel led captive by Salmanazar ) so did not the zealous King Ezechias desist to prosecute his duty in restoring the Religion to Gods perfect Ordinance , removing all abominations . The same is to be read of Iosias , who did not onely restore the Religion , but did further destroy all Monuments of Idolatry which of long time had remained : For it is written of him , That after that the Book of the Law was found , and that he asked counsell at the Prophetesse Hulda , he sent and gathered all the Elders of Iuda and Ierusalem , and standing in the Temple of the Lord , he made a Covenant , That all the people , from the great to the small , should walk after the Lord , should observe his Law , Statutes , and Testimonies , with all their heart , and with all their soul ; and that they should ratifie and confirm whatsoever was written in the Booke of God. He further commanded Hilkias the high Priest , and the Priests of the inferiour Order , That they should carry forth of the Temple of the Lord all the vessels that were made to Baal , which he burnt , and did carry their powder to Bethel . He did further destroy all Monuments of Idolatry , yea , even those that had remained from the dayes of Solomon ; he did burn them , stamp them to Powder , whereof one part he scattered in the brook Kidron , and the other part upon the Sepulchres and Graves of the Idolaters , whose bones he did burn upon the Altars where before they made Sacrifice not onely in Iuda , but also in Bethel , where Ieroboam had erected his Idolatry : yea , he further proceeded , and did kill the Priests of the high places , who were Idolaters , and had deceived the people ; he did kill them , I say , and burnt their bones upon their own Altars , and so returned to Ierusalem . This Reformation made Iosias , and for the same obtained this Testimony of the holy Ghost , That neither before him nor after him was there any such King , who returned to God with his whole soul , and with all his strength , according to all the Law of Moses . Of which Histories it is evident , That the Reformation of Religion in all points , together with the punishment of false Teachers , doth appertain to the power of the Civill Magistrate : For what God required of them , his justice must require of others having the like charge and Authority ; what he did approve in them , he cannot but approve in all others who with like zeal and sincerity do enterprise to purge the Lords Temple and Sanctuary . What God required of them , it is before declared ; to wit , That most diligently they should observe his Law , Statutes and Ceremonies . And how acceptable were their facts to God , doth he himself witnesse ; For to some he gave most notable Victories without the hand of man ; and in their most desperate dangers , did declare his especiall favour towards them by signes supernaturall : To other he so established the Kingdom , that their enemies were compelled to stoup under their feet . And the names of all he hath registred not onely in the Book of life , but also in the blessed remembrance of all posterities since their dayes , which also shall continue till the coming of the Lord Jesus , who shall reward with the Crown of Immortality not onely them but also such as unfainedly study to do the will , and to promote the glory of his heavenly father in the midst of this corrupted Generation . In consideration whereof ought you , my Lords , all delay set apart , to provide for the Reformation of Religion in your Dominions and Bounds , which now is so corrupt , that no part of Christs Institution remaineth in the Originall purity ; and therefore of necessity it is , That speedily ye provide for Reformation , or else ye declare your selves not onely voyd of love towards your subjects , but also to live without care of your own salvation , yea , without all fear and true reverence of God. Two things perchance may move you to esteem these histories before briefly touched , to appertain nothing to you : First , Because you are no Jews , but Gentiles . And secondly , Because you are no Kings , but Nobles in your Realm . But be not deceived ; for neither of both can excuse you in Gods presence from doing his duty , for it is a thing more then certain , That whatsoever God required of the Civill Magistrate in Israel or Iuda concerning the observation of true Religion during the time of the Law , the same doth he require of lawfull Magistrates professing Christ Jesus in the time of the Gospel , as the holy Ghost hath taught us by the mouth of David ( Psal. 2. ) saying , Be learned , you that judge the earth , kisse the Son , lest that the Lord wax angry , and that ye perish away . This Admonition doth not extend to the Judges under the Law onely , but doth also include all such as be promoted to Honours in the time of the Gospel , when Christ Jesus doth raigne and fight in his Spirituall Kingdom , whose enemies in that Psalme be first most sharply taxed , their fury expressed , and vanity mocked ; and then are Kings and Judges , who think themselves free from all Law and Obedience , commanded to repent their former blinde rage ; and Judges are charged to be learned ; and last , are commanded to serve the Eternall God in feare , to rejoyce before him in trembling , to kisse the Son , that is , To give him most humble Obedience : Whereof it is evident , That the Rulers , Magistrates , and Judges now in Christs Kingdom , are no lesse bound to Obedience unto God , then were those under the Law : And how is it possible that any should be obedient , who despiseth his Religion , in which standeth the chief glory that man can give to God , and is a service which God especially requireth of Kings and Rulers ? Which thing Saint Augustine plainly did note , writing to one Bonifacius a man of Warre , according to the same argument and purpose which I labour to perswade your Honours : For after that he hath in that his Epistle declared the difference betwixt the heresie of the Donatists and Arrians , and hath somewhat spoken of their cruelty , he sheweth the way how their fury should and ought to be repressed , and that it is lawfull for the unjustly afflicted to seek support and defence at godly Magistrates ; for thus he writeth , Either must the Verity be kept close , or else must their cruelty be sustained . But if the Verity should be concealed , not onely should none be saved , but also should many be lost through their deceit . But if by Preaching of the Verity their fury should be provoked more to rage , and by that means yet some were delivered , and made strong , yet should fear hinder many weaklings to follow the Verity , if their rage be not stayed . In these first words Augustine sheweth three reasons why the afflicted Church in those dayes called for the help of the Emperour , and of godly Magistrates , against the fury of the persecuters . The first , The Verity must be spoken , or else mankinde shall perish in errour . The second , The Verity being plainly spoken , provoketh the adversaries to rage . And because that some did alleadge , That rather we ought to suffer all injury , then to seek support by man , he addeth the third reason ; to wit , That many weak ones be not able to suffer persecution and death for the Truths sake , to whom not the lesse respect ought to be had , that they may be won from their errour , and so be brought to greater strength . Oh that the Rulers of this age would ponder and weigh the reasons of this godly Writer , and provide the remedy , which he requireth in these words following ; Now when the Church was thus afflicted , if any thinke , That rather they should have sustained all calamity , then that help should have been asked of Christian Emperours by the godly , he doth not well to advert , That of such negligence no good counts nor reason could be given : For where such as would that no just Laws should be made against their impiety , alleadge , That the Apostles sought no such things of the Kings of the earth , they do not consider , That the time was other then it is now , and that all things are done in their owne time . What Emperour then believed in Christ , that he should serve him in making Laws for godlinesse against impiety ? While that saying of the Prophet was compleat , Why hath Nations raged , and people have imagined vanity ? The Kings of the earth have stood up , and Princes have convened together against the Lord , and against his Anoynted . That which is after in the same Psalme , was not yet come to passe : And now understand , O ye Kings , be learned you that judge the earth , serve the Lord in fear , and rejoyce to him with trembling . How do Kings serve the Lord in feare , but in punishing , and by a godly severity forbidding those things which are done against the Commandment of the Lord ? For otherwise doth he serve the Lord in so farre as he is man , otherwise in so farre as he is King. In so farre as he is a man , he serveth him by living faithfully ; but because he is also King , he serveth establishing Laws that command the things that be just , and that with a convenient rigour forbid things contrary . As Ezechias served destroying the Groves , the Temples of Idolls , and the places which were builded against Gods Commandment . So served also Josias , doing the same . So the King of the Ninivites compelling the whole City to mitigate the fury of the Lord. So served Darius , giving into the power of Daniel the Idol to be broken , and his enemies to be cast to the Lions . So served Nebuchad-nezzar , by a terrible Law forbidding all that were in his Realme to blaspheme God. Herein therefore do Kings serve the Lord , in so farre as they are Kings , when they do those things to serve him , which none except Kings be able to doe . He further proceedeth , and concludeth , That as when wicked Kings do raigne , impiety cannot be bridled by Laws , but rather is tyranny exercised under the title of the same ; So is it a thing without all reasons , That Kings professing the knowledge and honour of God , should not regard nor care who did defend nor who did oppugne the Church of God in their Dominions . By these words of this ancient and godly Writer , your Honours may perceive what I require of you , to wit , To represse the tyranny of your Bishops , and to defend the innocents professing the Truth . He did require of the Emperour and Kings in his dayes professing Christ , and manifestly concludeth , That they cannot serve Christ , except that so they doe . Let not your Bishops think that Augustine speaketh for them , because he nameth the Church : Let them reade and understand , That Augustine writeth for that Church which professeth the Truth , and doth suffer persecution for the defence of the same , which your Bishops do not , but rather with the Donatists and Arrians do cruelly persecute all such as boldly speak Christs Eternall Verity , to manifest their impiety and abomination . But thus much we have of Augustine , That it appertaineth to the obedience and service which Kings owe to God , as well now in the time of the Gospel , as before under the Law , to defend the afflicted for matters of Religion , and to represse the fury of the persecuters by the rigour and severity of godly Laws . For which cause , no doubt , Isaiah the Prophet saith , That Kings should be nourishers of the Church of God , that they should abase their heads , and lovingly embrace the children of God. And thus , I say , your Honours may evidently see , That the same Obedience doth God require of Rulers and Princes in the time of the Gospel , that he required in the time of the Law. If you do think that the Reformation of Religion , and defence of the afflicted doth not appertain to you , because you are no Kings , but Nobles and States of a Realme , in two things you are deceived : First , In that you do not advert , That David requireth as well that the Princes and Judges of the earth to be learned , and that they serve and fear God , as that he requireth that Kings repent . If you therefore be Judges and Princes ( as no man can deny you to be ) then by the plain words of David you are charged to be learned , to serve and fear God ; which ye cannot do , if ye despise the Reformation of his Religion . And this is your first errour . The second is , That ye neither know your duty which ye owe to God , neither yet your Authority which of him ye have received , if ye for pleasure or fear of any earthly man despise Gods true Religion , and contemn your brethren that in his Name call for your support . Your duty is to hear the voyce of the Eternall your God , and unfainedly to studie to follow his Precepts ; who , as is before said , of speciall mercy hath promoted you to Honours and Dignity . His chief and principall Precept is , That with reverence ye receive and embrace his onely beloved Son Jesus ; That ye promote to the uttermost of your powers his true Religion ; and That ye defend your brethren and subjects , whom he hath put under your charge and care . Now if your King be a man ignorant of God , enemy to his true Religion , blinded by Superstition , and a persecuter of Christs members , Shall ye be execused , if with silence ye passe over his iniquity ? Be not deceived , my Lords , ye are placed in Authority for another purpose then to flatter your King in his folly and blinde rage ; to wit , That as with your bodies , strength , riches and wisedom ye are bound to assist and defend him in all things which by your advice he shall take in hand for Gods glory , and for the preservation of his Common-wealth and subjects ; so by your authorities , counsell , and admonition , ye are bound to correct and represse whatsoever ye know him to attempt expressely repugning to Gods Word , Honour and glory , or what ye shall espie him to do , be it by ignorance , or be it by malice , against his subjects , great or small : Of which last part of your obedience if you defraud your King , ye commit against him no lesse Treason , then if ye did extract from him your due and promised support , when by his enemies unjustly he were pursued . But this part of their duty , I fear , do a small number of the Nobility of this age rightly consider ; neither yet will they understand that for that purpose hath God promoted them : For now the common song of all men is , We must obey our Kings , be they good or bad ; For God hath commanded it . But horrible shall the vengeance be , that shall be poured forth upon such blasphemers of God his holy Name and Ordinance ; For it is no lesse blasphemy to say , That God hath commanded Kings to be obeyed , when they command impiety , then to say , That God by his Precept is author and maintainer of all iniquity . True it is , God hath commanded Kings to be obeyed ; but like true it is , That in things which they commit against his glory , or when cruelly without cause they rage against their brethren the members of Christs body , he hath commanded no obedience , but rather he hath approved , yea and greatly rewarded such as have opposed themselves to their ungodly commandments and blinde rage ; as in the examples of the three Children , of Daniel and Abdemelech it is evident . The three Children would neither bow nor stoup before the golden Image at the commandment of the great King Nebuchadnezar . Daniel did openly pray , his windows being open , against the established Law of Darius and of his Councell . And Abdemelech feared not to enter in before the presence of Zedechias , and boldly to defend the cause and innocency of Ieremy the Prophet , whom the King and his Councell had condemned to death . Every one of these facts should this day be judged foolish , by such as will not understand what God doth require of his children , when his Verity is oppugned , or his glory called in doubt : such men , I say , as prefer man to God , and things present , to the heavenly inheritance , should have judged every one of these stubborn inobedience , foolish presumption and singularity , or else bold controlling of the King and his wise Councell . But how acceptable in Gods presence was this resistance to the ungodly commandments and determinations of their King , the end did witnesse ; for the three children were delivered from the Furnace of fire , and Daniel from the Den of Lions , To the confusion of their enemies , To the better instruction of the ignorant Kings , and To the perpetuall comfort of Gods afflicted children . And Abdemelech , in the day of the Lords Visitation , when the King and his Councell did drink the bitter cup of Gods Vengeance , did finde his life for a prey , and did not fall by the edge of the sword , when many thousands did perish : And this was signified unto them by the Prophet himself , at the commandment of God , before that Ierusalem was destroyed . This promise and cause were recited unto him in these words , I will bring my words upon this City unto evil , and not unto good ; but most assuredly I shall deliver thee , because thou hast trusted in me , saith the Lord. The trust and hope which Abdemelech had in God , made himself bold to oppose himself , being but one , to the King and to his whole Councell , who had condemned to death the Prophet , whom his conscience did acknowledge to be innocent : for thus did he speak in presence of the King , sitting in the Port of Benjamin ; My Lord the King , ( saith Abdemelech ) these men do wickedly in all things that they have done to Jeremy the Prophet . Advert and take heed , my Lords , that the men who had condemned the Prophet , were the King , his Princes and Councell , and yet did one man accuse them all of iniquity , and did boldly speak in the defence of him , of whose innocency he was perswaded : And the same , I say , is the duty of every man in his Vocation , but chiefly of the Nobility , which is joyned with their kings , to bridle and represse their folly and blinde rage : Which thing if the Nobility do not , neither yet labour to doe , as they are Traitours to their Kings , so do they provoke the wrath of God against themselves , and against the Realme , in which they abuse the Authoritie which they have received of God , to maintaine Vertue , and to suppresse Vice. And hereof I would your Honours were most certainly perswaded , That God will neither excuse Nobilitie nor people , but the Nobility least of all that obey and follow their Kings in manifest iniquity ; but with the same vengeance will God punish the Prince , People , and Nobility conspiring together against him and his Holy Ordinances ; as in the punishment upon Pharaoh , Israel , Iuda , and Babylon , is evidently to be seene ; for Pharaoh was not drowned alone , but his Captains , Charets , and great Army drank the same Cup with him . The Kings of Israel and Iudah were not punished without company , but with them were murthered the Counsellors , their Princes imprisoned , and their people led Captive : And why ? because none was found so faithfull to God , that he durst enterprise to resist , nor gainstand the manifest impietie of their Princes . And therefore was Gods wrath powred forth upon the one and the other . But the more ample discourse of this argument I deferre to better opportunity ; onely at this time I thought expedient to admonish you , That before God it shall not excuse you to alleadge , We are no Kings and therefore neither can we reforme Religion , nor yet defend such as be persecuted . Consider , my Lords , that ye are powers ordained of God ( as before is declared ) and therefore doth the Reformation of Religion , and the defence of such as unjustly are oppressed , appertaine to your charge and care ; which thing shall the Law of God ( universally given to be kept of all men ) most evidently declare ; which is my last and most assured reason , why ( I say ) ye ought to remove from your Honours , and to punish with death such as God hath condemned by his own mouth . After that Moses had declared what was true Religion , to wit , To honour God as he commanded , adding nothing to his Word , neither yet diminishing any thing from it ; and after also that vehemently he had exhort-the same Law to be observed , he denounced the punishment against the Transgressors , in these words , If thy brother , sonne , daughter , wife or neighbour , whom thou lovest as thine own life , solicitate thee secretly , saying , Let us go serve other gods , whom neither thou , nor thy fathers have knowne , consent not to him , hear him not , let not thine eye spare him , shew him no indulgency or favour , hide him not , but utterly kill him , let thy hand be the first upon him , that he may be slaine , and after the hand of the whole people . Of these words of Moses are two things appertaining to our purpose , to be noted ; The first is , that such as solicitate only to Idolatry , ought to be punished to death , without favour or respect of person ; For he that will not suffer man to spare his sonne , his daughter , nor his wife , but straitly commandeth punishment to be taken upon the idolatours ( have they never so nigh conjunction with us ) will not wink at the Idolatry of others , of what state or condition soever they be . It is not unknown , That the Prophets had Revelations of God , which were not common to the people ; as Samuel had the Revelation that Eli and his posterity should be destroyed , That Saul should first be King , and thereafter , That he should be rejected ; That David should raign for him . Michaiah understood by Vision , That Achab should be killed in the Battell against the Syrians . Elias saw that dogs should eat Iezabel in the Forts of Iezreel ▪ Elisha did see hunger come upon Israel by the space of seven yeers . Ieremiah did foresee the destruction of Ierusalem , and the time of their Captivity . And so divers other Prophets had divers Revelations of God , which the people did not otherwise understand , but by their affirmation ; and therefore in those dayes were the Prophets named Seers , because that God did open unto them that which was hid from the multitude . Now if any man might have claimed any priviledge from the rigour of the Law , or might have justified his fact , it should have been the Prophet : For he might have alleadged for himself his singular Prerogative that he had above other men , to have Gods Will revealed unto him by Vision or by Dream ; or , That God had declared particularly unto him , that his pleasure was , To be honoured in that manner , in such a place , and by such means . But all such excuses doth God remove , commanding , That the Prophet that shall so solicitate the people to serve strange Gods , shall die the death , notwithstanding that he alleadge for himself Dream , Vision , or Revelation ; yea , although he promise miracles ; and although that such things as he promised should come to passe , yet I say commandeth God that no credit be given to him , but that he die the death , because he teacheth apostasie and defection from God. Hereby your Honours may easily see , That none provoking the people to Idolatry , ought to be exempted from the punishment of death : For if neither that inseparable Conjunction which God himself hath sanctified betwixt man and wife , neither that unspeakable love grafted in nature , which is betwixt the father and the son , neither yet that reverence which Gods people ought to bear to the Prophets , can excuse any man to spare the offender , or to conceal his offence : What excuse can man pretend , which God will accept ? Evident it is , That no state , condition , nor honour can exempt the Idolater from the hands of God , when he shall call him to account , or shall inflict punishment upon him for his offence : How shall it then excuse the people , that they , according to Gods Commandment , punish not to death such as shall solicitate , or violently draw the people to Idolatry ? And this is the first which I would your Honours should note of the former words , to wit , That no person is exempted from punishment , if he can be manifestly convinced to have provoked or led the people to Idolatry : And this is most evidently declared in that solemn Oath and Covenant which Asa made with the people , To serve God , and to maintain his Religion , adding this penalty to the transgressors of it ; to wit , That whosoever should not seek the God of Israel should be killed , were he great , or were he small , were it man , or were it woman . And of this Oath was the Lord well pleased , he was found of them , and gave them rest on every part , because they sought him with their whole heart , and did swear to punish the offenders according to the Precept of his Law , without respect of persons . And this is it which I say I would your Honours should note for the first , That no Idolater can be exempted from punishment by Gods Law. The second is , That the punishment of such crimes as are Idolatry , Blasphemy , and others that touch the Majesty of God , doth not appertain to the Kings and chief Rulers onely , but also to the whole Body of the people , and to every member of the same , according to the Vocation of every man , and according to that possibility and occasion which God doth minister , to revenge the injury done against his glory , when that impiety is manifestly known : And that doth Moses more plainly speak , in these words ; If in any Cities ( saith he ) which the Lord thy God giveth to thee to dwell in them thou shalt hear this brute , There are some men the sons of Belial passed from thee , and have solicited the Citizens out of their Cities by these words , Let us go and serve strange gods which you have not known ; search and enquire diligently , and if it be true that such abomination is done in the midst of thee , thou shalt utterly strike the Inhabitants of that City with the Sword , thou shalt destroy it , and whatsoever is within it ; thou shalt gather the spoyl of it into the midst of the Market-place , thou shalt burn that City with fire , and the spoyl of it to the Lord thy God , that it may be a heap of stones for ever ; neither shall it be any more builded . Let nothing of that execration cleave to thy hand , that the Lord may turn from thee the fury of his wrath , and be moved towards thee with inward affection . Plain it is , That Moses speaketh not , nor giveth charge to Kings Rulers and Judges onely , but he commandeth the whole Body of the people , yea , and every member of the same , according to their possibility ; And who dare be so impudent , as to deny this to be most reasonabl● and just ? For seeing that God had delivered the whole Body from Bondage , and to the whole multitude had given his Law , and to the twelve Tribes had he so distributed the inheritance of the Land of Canaan , that no family could complain that it was neglected . Was not the whole and every member addebted to confesse and acknowledge the benefits of God ? yea , had it not been the part of every man to have studied to keep the possession which he had received ? Which thing God did plainly pronounce they should not do , except that in their hearts they did sanctifie the Lord God , That they embraced and inviolably kept his Religion established , and finally , except they did cut out iniquity from amongst them , declaring themselves earnest enemies to those abominations , which God declared himself so vehemently to hate , that first he commanded the whole inhabitants of that Countrey to be destroyed , and all Monuments of ther Idolatry to be broken down : And thereafter he also straitly commandeth , That a City declining to Idolatry , should fall by the edge of the sword , and that the whole spoyl of the ●ame should be burned , no portion of it reserved . To the carnall man this may appear a rigorous and severe judgement ; yea , it may rather seem to be pronounced in a rage , then in wisedom : For what City was ever yet , in which to mans judgement were not to be found many innocent persons , as infants , children , and some simple and ignorant souls , who neither did nor could consent to such impiety ? And yet we finde no exception , but all are appointed to the cruell death . And as concerning the City , and the spoyl of the same , mans reason cannot think , but that it might have been better bestowed , then to be consumed with fire , and so to profit no man : But in such cases Gods will is , That all creatures stoup , cover their faces , & desist from reasoning , when commandment is given to execute his judgement . Albeit I could adduce divers causes of such severity , yet will I search none other then the holy Ghost hath assigned : First , That all Israel , hearing the judgement , should fear to commit the like abomination . And secondly , That the Lord might turn from the fury of his anger , might be moved towards the people with inward affection , be mercifull unto them , and multiply them , according to his Oath made unto their fathers . Which reasons , as they are sufficient in Gods children to correct the murmuring of the grudging flesh , so ought they to provoke every man , as before I have said , to declare himself enemy to that which so highly provoketh the wrath of God against the whole people : For where Moses saith , Let the City be burned , and let no part of the spoyl cleave to thy hand , that the Lord may return from the fury of his wrath , &c. he plainly doth signifie , That by the defection and Idolatry of a few , Gods wrath is kindled against the whole , which is never quenched , till such punishment be taken upon the offenders , that whatsoever served them in their Idolatry , be brought to destruction , because that it is execrable and accursed before God , and therefore he will not that it be reserved for any use of his people . I am not ignorant that this Law was not put in execution , as God commanded ; But what did thereof ensue and follow , histories declare ; to wit , Plague after plague , till Israel and Iuda were led in Captivity , as the Books of the Kings do witnesse . The consideration whereof maketh me more bo●d to affirm , That it is the duty of every man who desireth to escape the plague and punishment of God , To declare himself enemy to Idolatry , not onely in heart , hating the same , but also in externall gesture , declaring that he lamenteth , if he can do no more , for such abominations . Which thing was shewed to the Prophet Ezekiel , when he gave him to understand why he would destroy Iuda with Israel ; and that he would remove his glory from the Temple and place that he had chosen , and so pour forth his wrath and indignation upon the City that was full of blood and apostasie , which became so impudent , that it durst be bold to say , The Lord hath left the earth , and seeth not . And this time , I say , the Lord revealed in vision to his Prophet , who they were that should finde favour in that miserable destruction ; to wit , That those that did mourn and lament for all the abominations done in the City , in whose foreheads did God command to Print and Seal Tau , to the end that the destroyer , who was commanded to strike the rest without mercy , should not hurt them in whom that signe was found . Of these premises , I suppose it be evident , That the punishment of Idolatry doth not appertain to Kings onely , but also to the whole people ; yea , to every member of the same , according to his possibility : For that is a thing most assured , That no man can mourn , lament , and bewail , for those things which will not remove to the uttermost of his power . If this be required of the whole people , and of every man in his Vocation , What shall be required of you , my Lords , whom God hath raised up to be Princes and Rulers above your Brethren , whose hands he hath armed with the sword of Justice , yea , whom he hath appointed to be as Bridles to represse the rage and insolency of your Kings , whensoever they pretend manifestly to transgresse Gods blessed Ordinance ? If any think that this my affirmation touching the punishment of Idolaters be contrary to the practice of the Apostles , who finding the Gentiles in Idolatry , did call them to repentance ▪ requiring no such punishment ; let the same man understand , That the Gentiles , before the preaching of Christ , lived , as the Apostle speaketh , Without God in the World , drowned in Idolatry , according to the blindnesse and ignorance , in which they were holden as a prophane Nation , whom God had never openly avowed to be his people , had never received in his houshold , neither given unto them his Laws to be kept in Religion nor Policy , and therefore did not the holy Ghost , calling them to repentance , require of them any corporall punishment , according to the rigour of the Law , unto the which they were never subjects , as they that were strangers from the Common-wealth of Israel . But if any think , That after that the Gentiles were called from their vain conversation , and by embracing Christ Jesus , were received in the number of Abrahams children , and so made one people with the Jews believing : If any think , I say , That then they were not bound to the same obedience which God required of his people Israel , when he confirmed his League and Covenant with them ; the same appeareth to make Christ inferiour to Moses , and contrarious to the Law of his heavenly Father : For if the contempt or transgression of Moses Law was worthy of death , What should we judge the contempt of Christs Ordinance to be ? ( I mean , after they be once received . ) And if Christ be not come to dissolve , but to fulfill the Law of his heavenly Father , Shall the liberty of his Gospel be an occasion that the especiall glory of his Father be trodden under foot , and regarded of no man ? God forbid . The especiall glory of God is , That such as professe themselves to be his people , should hearken to his voice : And amongst all the voices of God revealed to the world , touching punishment of vices , is none more evident , neither more severe , then is that which is pronounced against Idolatry , the teachers and maintainers of the same : And therefore I fear not to affirm , That the Gentiles ( I mean , every City , Realm , Province , or Nation amongst the Gentiles , embracing Christ Jesus , and his true Religion ) be bound to the same League and Covenant that God made with his people Israel , when he promised to root out the Nations before them , in these words , Beware that thou make not any Covenant with the Inhabitants of the Land , to the which thou comest , lest perchance that this come in ruine , that is , be destruction to thee ; but thou shalt destroy their Altars , break their Idols , and cut down their Groves : Fear no strange Gods , nor worship them , neither yet make you sacrifice to them : But the Lord , who in his great power , and out-stretched arm hath brought you out of the Land of Egypt , shall you fear , him shall you honour , him shall you worship , to him shall you make Sacrifice , his Statutes , Iudgements , Laws , and Commandments you shall keep and observe . This is the Covenant which I have made with you , saith the Eternall , forget it not , neither yet fear ye other gods ; but fear you the Lord your God , and he shall deliver you from the hands of all your enemies . To this same Law and Covenant are the Gentiles no lesse bound , then sometime were the Jews , whensoever God doth illuminate the eyes of any multitude , Province , people , or Citie , and putteth the sword in their own hand to remove such enormities from amongst them , as before they knew to be abominable ; then ( I say ) are they no lesse bound to purge their Dominions , Cities , and Countries from Idolatry , then were the Israelites , what time they received the Possession of the Land of Canaan . And moreover , I say , If any go about to erect and set up Idolatry , or to teach defection from God , after that the verity hath been received and approved , that then not onely the Magistrates , to whom the sword is committed ; but also the people are bound by that Oath , which they have made to God , to revenge to the utmost of their power , the injury done against his Majesty . In universall desections , and in a generall revolt , such as was in Israel after Ieroboam , there is a divers consideration ; for then , because the whole people were together conspired against God , there could none be found that would execute the punishment which God had commanded , till God raised up Iehu , whom he appointed for that purpose . And the same is to be considered in all other generall defections , such as this day be in the Papistry , where all are blinded , and all are declined from God , and that of long continuance , so that no ordinary Justice can be executed , but the punishment must be reserved to God , and unto all such means as he shall appoint : But I speak of such a number as after they have received Gods perfect Religion , do boldly professe the same , notwithstanding , that some , or the most part fall back ( as of late dayes was in England ) unto such a number , I say , it is lawfull to punish the Idolators with death , if by any means God give them power : For so did Ioshua and Israel determine to have done against the children of Reuben , Gad , and Manasses , for their suspected Apostasie and defection from God. And the whole Tribes did in very deed execute that sharp judgement against the Tribe of Benjamin for a lesse offence then for Idolatry . And the same ought to be one wheresoever Christ Jesus and his Evangell is so received in any Realm , Province , or Citie , that the Magistrates and people have solemnly avowed and promised to defend the same , as under King Edward of late dayes was done in England . In such places , it is not onely lawfull to punish to the death , such as labour to subvert the true Religion , but the Magistrates and people are bound so to , unlesse they will provoke the wrath of God against themselves . And therefore , I fear not to affirm , That it had been the duty of the Nobilitie , Judges , Rulers , and people of England , to have resisted and gain-standed Mary their Queen , with all the sort of her Idolatrous Priests , together with all such as should have assisted her , when that she and they openly began to suppresse Christs Evangell , to shed the blood of the Saints of God , and to erect that most devillish Idolatry , the Papisticall abominations , and his usurped tyranny , which once most justly by common Oath was banished from that Realm . But because I cannot at this present discusse this argument as it appertaineth , I am compelled to omit it to better opportunity ; and so returning to your Honours , I say , That if ye confesse your selves baptized in the Lord Jesus , as of necessity ye must confesse , That the care of Religion doth appertain to your charge : And if ye know that in your hands God hath put the sword , for the causes above expressed , then can ye not deny , but that the punishment of obstinate and malapert Idolaters ( such as all your Bishops be ) doth appertain to your Office , if after admonition they continue obstinate . I am not ignorant what be the vain defences of your proud Prelats ; they claim , first , A prerogative and priviledge , That they are exempted , and that by consent of Councells and Emperouts , from all Jurisdiction of the Temporalty . And secondly , when they are convinced of manifest impiety , abuses and enormities , as well in their manners , as in Religion ; neither fear nor shame they to affirm , That things so long established , cannot suddenly be reformed , although they be corrupted ; but with processe of time they promise to take order . But in few words , I answer , That no priviledge granted against the Ordinance and Statutes of God is to be observed , although all Councells and men on the earth have appointed the same : But against Gods Ordinance it is , That Idolaters , murtherers , false Teachers , and Blasphemers , shall be exempted from punishment , as before is declared ; and therefore in vain it is , that they claim for priviledge , when God saith , The murtherer shalt thou drive from my Altar , that he may die the death . And as to the Order and Reformation which they promise , that is to be looked or hoped for , when Satan , whose children and slaves they are , can change his nature . This answer , I doubt not , shall suffice the sober and godly reader : But yet , to the end that they may further see their own confusion , and that your Honours may the better understand what ye ought to do in so manifest a corruption and defection from God , I ask of them , What assurance they have of this their immunity , exemption or priviledge ? Who is the author of it ? And what fruit it hath produced ? And first I say , That of God they have no assurance , neither yet can he be proved to be author of any such priviledge . But the contrary is easie to be seen ; for God in establishing his Orders in Israel , did so subject Aaron ( in his Priesthood being the figure of Christ ) to Moses , that he feared not to call him in judgement , and to constrain him to give accounts of his wicked deed in consenting to Idolatry , as the History doth plainly witnesse ; for thus it is written ; Then Moses took the Calfe which they had made , and burned it with fire , and did grinde it to powder ; and scattering it in the water , gave it to drink to the children of Israel , declaring thereby the vanity of their Idol , and the abomination of the same : And thereafter Moses said to Aaron , What hath this people done to thee , that thou shouldest bring upon it so a great sin ? Thus , I say , doth Moses call Aaron , and accuse him of the destruction of the whole people ; and yet he perfectly understood that God had appointed him to be the high Priest , That he should bear upon his shoulders and upon his brest the names of the twelve Tribes of Israel , for whom he was appointed to make sacrifice , prayers , and supplications . He knew his dignitie was so great , that onely he might enter within the most holy place ; but neither could his Office nor dignitie exempt him from judgement , when he had offended . If any object , Aaron at that time was not anointed , and therefore was he subject to Moses ; I have answered , That Moses being taught by the mouth of God did perfectly understand to what dignitie Aaron was appointed , and yet he feared not to call him in judgement , and to compell him to make answer for his wicked fact . But if this answer doth not suffice , yet shall the Holy Ghost witnesse further in the matter . Salomon removed from honour Abiathar being the High Priest , and commanded him to cease from all function , and to live as a private man. Now if the Unction did exempt the Priest from Jurisdiction of the Civill Magistrate , Solomon did offend and injured Abiathar ; for he was Anointed , and had carried the Arke before David ; But God doth not reprove the fact of Solomon , neither yet doth Abiathar claime any prerogative by the reason of his Office , but rather doth the Holy Ghost approve the fact of Solomon , saying , Solomon ejected forth Abiathar , that he should not be the Priest of the Lord , that the word of the Lord might be performed which he spake upon the house of Eli. And Abiathar did thinke that hee obtained great favour , in that hee did escape the present death , which by his Conspiracie he had deserved . If any yet reason , That Abiathar was no otherwise subject to the judgement of the King , but as he was appointed to be the executor of that sentence , which GOD before had pronounced , as I will not greatly denie that reason , so require I that every man consider , That the same God who pronounced sentence against Eli and his house , hath pronounced also , That Idolaters , Whore-mongers , Murtherers and Blasphemers , shall neither have portion in the Kingdom of God , neither ought to be permitted to bear any Rule in his Church and Congregation . Now if the Unction and Office saved not Abiathar , because that Gods sentence must needs be performed , Can any priviledge granted by man be a Buckler to malefactors , that they shall not be subject to the punishments pronounced by God ? I think no man will be so foolish as so to affirm ; for a thing more then evident it is , That the whole Priesthood in the time of the Law was bound to give obedience to the Civill Powers ; and if any member of the same was found criminall , the same was subject to the punishment of the Sword which God had put into the hand of the Magistrate . And this Ordinance of his Father did not Christ disannull , but rather did confirm the same , commanding Tribute to be paid for himself and for Peter ; who perfectly knowing the minde of his Master , writeth thus in his Epistle ; Submit your selves to all manner of Ordinance of man ( he excepteth such as be expressely repugning to Gods Commandment ) for the Lords sake , whether it be to the King , as to the chief Head , or unto Rulers , as unto them that are sent by him for punishment of evil doers , and for the praise of them that do well . The same doth the Apostle Saint Paul most plainly command in these words ; Let every soul be subject to the Superiour Powers . Which places make evident , That neither Christ , neither his Apostles , hath given any assurance of this immunity and priviledge which men of Church ( as they will be termed ) do this day claim : Yea , it was a thing unknown to the Primitive Church many yeers after the dayes of the Apostles : For Chrysostome , who served in the Church at Constantinople four hundreth yeers after Christs Ascension , and after that corruption was greatly increased , doth yet thus write upon the foresaid words of the Apostle , This precept ( saith he ) doth not appertain to such as be called seculars onely , but even to those that be Priests and religious men : And after he addeth , Whether thou be Apostle , Evangelist , Prophet , or whosoever thou be , thou canst not be excepted from this subjection . Hereof it is plain Chrysostome did not understand that God had exempted any person from obedience and subjection of the Civill Power , neither yet that he was Authour of such exemption and priviledge , as Papists do this day claim . And the same was the judgement and uniforme Doctrine of the Primitive Church for many yeers after Christ. Your Honours do wonder , I doubt not , from what Fountain then did this their immunitie ( as they term it ) and singular priviledge spring ; I shall shortly touch that , which is evident in their owne Law and Histories . When the Bishops of Rome , the very Antichrists had partly by fraud , and partly by violence usurped the superiortie of some places in Italy , and most unjustly had spoiled the Emperours of their Rents and possessions , and had also murthered some of their Officers , as Histories do witnesse , then began Pope after Pope to practise and devise , how they should be exempted from the judgment of Princes , and from the equity of Laws ; and in this point they were most vigilant , till at length iniquity did so prevaile in their hands , according as Daniel had before prophesied of them , that this sentence was pronouned , Neither by the Emperour , neither by the Clergie , neither yet by the people shall the Iudge be judged . God will ( saith Symmachus ) that the causes of others be determined by men , but without all question he hath reserved the Bishop of this Seat ( understanding Rome ) to his own judgement . And hereof diverse Popes , and Expositours of their Laws would seeme to give reasons ; for saith Agatho , All the Precepts of the Apostolike Seat are assured , as by the voyce of God himself . The Author of the glosse upon this Canon , affirmeth , That if all the world would pronounce sentence against the Pope , yet should his sentence prevail ; For ( saith he ) the Pope hath a Heavenly will , and therefore he may change the nature of things , he may apply the substance of one thing to another , and of nothing he may make somewhat ; and that sentence , which was nothing ( that is ) by his minde false and unjust , he may make somewhat that is true and just ; for ( saith he ) in all things that please him his will is for reason ; neither is there any man that may aske of him , Why doest thou so ? for he may dispence above Law , and of injustice he may make justice ; for he hath the fulnesse of all power . And many other blasphemous sentences did they pronounce every one after other , which for shortnesse sake I omit , till at the end they obtained this most horrible Decree ; That , albeit in life and conversation they were so wicked , and detestable , that not onely they condemned themselves , but that also they drew to Hell and perdition many thousands with them , yet that none should presume to reprehend or rebuke them . This being established for the Head ( albeit not without some contradiction , for some Emperours did require due obedience of them , as Gods Word commanded , and ancient Bishops had given before to Emperours , and to their Laws , but Sathan so prevailed in his suite before the blinde world , that the former sentences were confirmed , which power being granted to the Head ) then began provision to be made for the rest of the members in all Realms and Countries , where they made residence ; the residence whereof we see to be this , that none of that pestilent generation ( I mean the vermine of the Papisticall Order ) will be subject to any Civill Magistrate , how enormous soever his crime be , but will be reserved to their own Ordinary , as they terme it : And what fruits have hereof ensued , be the word never so blinde , it cannot but witnesse ; for how their Head that Romane Antichrist hath beene occupied ever since the granting of such priviledges , Histories do witnesse , and of late the most part of Europa , subject to the plague of God , to fire and sword , by his procurement hath felt , and this day doth feel : The pride , ambition , envie , excesse , fraud , spoil , oppression , murther , filthie life and incest , that is used and maintained amongst that rabble of Priests , Friers , Monks , Cannons , Bishops , and Cardinals , cannot be expressed . I fear not to affirm , neither doubt I to prove , that the Papisticall Church is further degenerate from the puritie of Christs Doctrine , from the footsteps of the Apostles , and from the manners of the primitive Church , then was the Church of the Iews from Gods holy Statutes , what time it did crucifie Christ Jesus the onely Messias , and most cruelly persecute his Apostles : And yet will our Papists claim their priviledges and ancient Liberties , which if you grant unto them , my Lords , ye shall assuredly drink the cup of Gods vengeance with them , and shall be reputed before his presence , companions of Theeves , and maintainers of Murtherers , as is before declared ; for their immunity and priviledge , whereof so greatly they boast , is nothing else , but as if Theeves , Murtherers , or Briggands should conspire amongst themselves , that they would never answer in judgement before any lawfull Magistrate , to the end that their theft and murther should not be punished ; even such ( I say ) is their wicked priviledge , which neither they have of God the Father , neither of Christ Jesus , who hath revealed his Fathers Will to the world , neither yet of the Apostles nor primitive Church , as before is declared : But it is a thing conspired among themselves , to the end that their iniquity , detestable life and Tyrannie may never be repressed , nor reformed . And if they Object , That godly Emperours did grant and confirm the same . I answer , That the godlinesse of no man is or can be sufficient Authoritie to justifie a foolish and ungodly fact , such I mean , as God hath not allowed by his Word ; for Abraham was a godly man , but the denyall of his Wife was such a fact , as no godly man ought to imitate : The same might I shew of David , Hezekiah , and Iosiah , unto whom I think no man of judgement will preferre any Emperour since Christ , in holinesse and wisdom , and yet are not their facts , no even such as appeared for good causes , to be approved nor followed . And therefore , I say , as errour and ignorance remain alwayes with the most perfect man in his life , so must their works be examined by another rule , then by their own holinesse , if they shall be approved . But if this Answer doth not suffice , then will I answer more shortly , That no godly Emperour since Christs Ascension hath granted any such priviledge to any such Church or person , as they ( the whole generation of Papists ) be at this day . I am not ignorant , that some Emperours of a certain zeale , and for some considerations granted liberties to the true Church , afflicted for their maintenance against Tyrants ; but what serveth this for the defence of their Tyrannie ? If the Law must be understood according to the minde of the Lawgiver , then must they prove themselves Christs true and afflicted Church , before they can claim any priviledge to appertaine to them , for onely to that Church were the priviledges granted ; it will not be their glorious Titles , neither yet the long possession of the name that can prevail in this so weighty a Cause ; for all those had the Church of Ierusalem , which did crucifie Christ , and did condemne his Doctrine . We offer to prove by their fruits and Tyrannie , by the Prophets , and plain Scriptures of God , what trees and generation they be , to wit , unfruitfull and rotten , apt for nothing , but to be cut and cast into Hell fire ; yea , that they are the very kingdome of Antichrist , of whom we are commanded to beware . Therefore , my Lords , to return to you , seeing that God hath armed your hands with the sword of Justice , seeing that his Law most straightly commandeth Idolaters and false Prophets to be punished with death , and that you be placed above your Subjects , to reigne as fathers over their Children ; and further , seeing that not onely I , but with me many thousand famous , godly and learned persons , accuse your Bishops , and the whole rabble of the Papisticall Clergie , of Idolatrie , of Murther and Blasphemie against God committed : It appertaineth to your Honours to bee vigilant and carefull in so weighty a matter ? The question is not of earthly substance , but of the glory of God , and of the Salvation of your selves , and of your brethren subject to your charge ; in which if you ( after this plain admonition ) be negligent , there resteth no excuse by reason of ignorance ; for in the name of God I require of you , That the Cause of Religion may be tried in your presence by the plain and simple Word of God ; That your Bishops be compelled to desist from their Tyrannie , That they be compelled to make answer for the neglecting of their Office for the substance of the poor , which unjustly they usurp , and prodigally they do spend ; but principally for the false and deceivable Doctrine which is taught and defended by their false Prophets , flattering Friers , and other such venomous Locusts : Which thing if with single eyes yee do , ( preferring Gods glory and the Salvation of your Brethren before all wordly Commoditie ) then shall the same God , who solemnly doth pronounce to honour those that do honour him , pour his benedictions plentifully upon you , he shall be your Buckler , protection and Captain , and shall represse by his strength and wisdom , whatsoever Satan by his supposts shall imagine against you I am not ignorant , that great troubles shall ensue your enterprise ; for Satan will not be expelled from the possession of his usurped Kingdom without resistance : But if you ( as is said ) preferring Gods glory to your own lives , unfainedly seek and study to obey his blessed will , then shall your deliverance be such , as evidently it shall be known , That the Angels of the Eternall do watch , make war and fight for those that unfainedly fear the Lord. But if you refuse this my most reasonable and just Petition , what defence that ever you appear to have before men , then shall God ( whom in me you contemne ) refuse you ; he shall pour forth contempt upon you , and upon your posterity after you ; the spirit of boldnesse and wisedome shall be taken from you ; your enemies shall raigne , and you shall die in bondage ; yea , God shall cut down the unfruitfull trees , when they do appear most beautifully to flourish , and shall so burne the root , that after you shall neither twigge nor branch again spring to glory . Hereof I need not to adduce unto you examples from the former ages , and ancient histories : For your brethren the Nobility of England are a mirrour and glasse , in the which ye may behold Gods just punishment ; For as they have refused him and his Evangell which once in mouth they did professe , so hath he refused them , and hath taken from them the spirit of wisedom , boldnesse , and of counsell ; they see and feel their own misery , and yet they have no grace to avoid it . They hate the bondage of strangers , the pride of Priests , and the monstriferous Empire of a wicked woman , and yet are they compelled to bow their necks to the yoke of the devill , to obey whatsoever the proud Spaniards and misled Mary list to command ; and finally , to stand like slaves with cap in hand till the servants of Satan , the shaven sort , call them to Councell : This fruit do they reap and gather of their former rebellion and unfaithfulnesse towards God ; They are left confusen in their own counsells ; he , whom in his members for the pleasure of a wicked woman they have exiled , persecuted and blasphemed , doth now laugh them to scorn , suffereth them to be pined in bondage of most wicked men , and finally , shall judge them to the fire everlasting , except that speedily and openly they repent their horrible Treason which against God , against his Son Christ Jesus , and against the Liberty of their own native Countrey they have committed . The same plagues shall fall upon you , be you assured , if ye refuse the defence of his servants that call for your support . My words are sharp ; but consider , my Lords , that they are not mine , but that they are the threatnings of the Omnipotent , who assuredly will perform the voices of his Prophets , how that ever carnall men despise his admonitions . The Sword of Gods wrath is already drawn , which of necessity must needs strike , when grace offered is obstinately refused . You have been long in bondage of the devill , blindenesse , errour and Idolatry , prevailing against the simple Truth of God in that your Realme , in which God hath made you Princes and Rulers : But now doth God of his great mercy call you to repentance , before he pour forth the uttermost of his vengeance : He cryeth to your ears , That your Religion is nothing but Idolatry ; he accuseth you of the blood of his Saints which hath been shed by your permission , assistance and powers : For the tyranny of those raging Beasts should have no force , if by your strength they were not maintained . Of those horrible crimes doth now God accuse you , not of purpose to condemne you , but mercifully to absolve and pardon you , as sometime he did those whom Peter accused to have killed the Son of God , so that ye be not of minde nor purpose to justifie your former iniquity . Iniquity I call not onely the crimes and offences which have been , and yet remain in your manners and lives , but that also which appeareth before men most holy , with hazard of my life I offer to prove abomination before God ; that is , your whole Religion to be so corrupt and vain , that no true servant of God can communicate with it , because that in so doing he should manifestly deny Christ Jesus and his Eternall Verity . I know that your Bishops , accompanied with the swarm of the Papisticall vermine , shall cry , A damned heretick ought not to be heard . But remember , my Lords , what I protested in the beginning , upon which ground I continually stand ; to wit , That I am no hereticke , nor deceivable Teacher ; but the servant of Christ Jesus , a Preacher of his infallible Verity , innocent in all that they can lay to my charge concerning my Doctrine ; and therefore by them , being enemies to Christ , I am unjustly condemned : From which cruell Sentence I have appealed , and do appeal , as before mention is made ; in the mean time most humbly requiring your Honours to take me in your protection , to be auditors of my just defences , granting unto me the same liberty which Achab , a wicked King , and Israel at that time a blinded people , granted to Elijah in the like case ; That your Bishops , and the whole rabble of your Clergie , may be called before you , and before that people whom they have deceived ; That I be not condemned by multitude , custome , by Authority or Law devised by man ; but that God himself may be judge betwixt me and my adversaries : Let God , I say , speak by his Law , by his Prophets , by Christ Jesus , or by his Apostles , and so let him pronounce what Religion he approveth ; and then , be my enemies never so many , and appear they never so strong and so learned , no more do I fear victory , then did Elijah , being but one man , against the multitude of Baals Priests . And if they think to have advantage by their Councells and Doctors , this I further offer , To admit the one and the other as witnesses in all matters debatable , three things ( which justly cannot be denied ) being granted unto me : First , That the most ancient Councells nighest to the Primitive Church , in which the learned and godly Fathers did examine all matters by Gods Word , may be holden of most Authority . Secondly , That no determination of Councells nor man be admitted against the plain Verity of Gods Word , nor against the determination of those four chief Councells , whose Authority hath been and is holden by them equall with the Authority of the four Evangelists . And last , That to no Doctor be given greater authority , then Augustine requireth to be given to his Writings ; to wit , If he plainly prove not his affirmation by Gods infallible Word , that then his sentence be rejected , and imputed to the errour of a man. These things granted and admitted , I shall no more refuse the testimonies of Councells and Doctors , then shall my adversaries . But and if they will justifie those Councells which maintain their pride and usurped Authority , and will reject those which plainly have condemned all such tyranny , negligence , and wicked life as Bishops now do use : And if further they will snatch a doubtfull sentence of a Doctor , and refuse his minde when he speaketh plainly ; then will I say , That all men are lyers , That credit ought not to be given to an unconstant witnesse ; and that no Councells ought to prevail , nor be admitted against the sentence which God hath pronounced . And thus , my Lords , in few words to conclude , I have offered unto you a tryall of my innocency : I have declared unto you what God requireth of you , being placed above his people as Rulers and Princes : I have offered unto you , and to the inhabitants of the Realme , the Verity of Christ Jesus : And with the hazard of my life I presently offer to prove the Religion which amongst you is maintained by fire and sword to be false , damnabl● , and diabolicall . Which things if ye refuse , defending tyrants in their tyrannie , then I dare not flatter , but as it was commanded to Ezechiel boldly to proclaim ; so must I cry to you , That you shall perish in your iniquity , That the Lord Jesus shall refuse so many of you as maliciously withstand his eternall Verity , and in the day of his apparition , when all flesh shall appeare before him , that he shall repell you from his company , and shall command you to the fire which never shall be quenched ; and then neither shall the multitude be able to resist , neither yet the counsells of man be able to prevail against that sentence which he shall pronounce . God the Father of our Lord Iesus Christ , by the power of his holy Spirit , so rule and dispose of your hearts , that of simplicity ye may consider the things that be offered ; and that ye may take such order in the same , as God in you may be glorified , and Christs Flock by you may be edified and comforted , to the praise and glory of our Lord Iesus Christ , whose Omnipotent Spirit rule your hearts in his true feare to the end . Amen . The Admonition of John Knox to the Commonalty of Scotland To his beloved Brethren the Commonalty of SCOTLAND : JOHN KNOX wisheth Grace , Mercy , and Peace ; With the Spirit of righteous judgement . WHat I have required of the Queen Regent , States and Nobility , as of the chief Heads ( for this present ) of the Realm , I cannot cease to require of you ( dearly beloved brethren ) which be the Communalty and Body of the same ; to wit , That it ( notwithstanding that false and cruell Sentence which your disguised Bishops have pronounced against me ) would please you to be so favourable unto me , as to be indifferent auditors of my just Purgation : Which to do if God earnestly move your hearts , as I nothing doubt but that your enterprise shall redound to the praise and glory of his holy Name ; so am I assured , That ye and your posterity shall by that means receive most singular comfort , edification and profit : For when ye shall hear the matter debated , ye shall easily perceive and understand upon what ground and foundation is builded that Religion which amongst you is this day defended by fire and sword . As for mine owne conscience , I am most assuredly perswaded , That whatsoever is used in the Papisticall Church , is altogether repugning to Christs blessed Ordinance , and is nothing but mortall venome ; of which whosoever drinketh , I am assuredly perswaded that therewith he drinketh death and damnation , except by true conversion unto God he be purged from the same . But because that long silence of Gods Word hath begotten ignorance almost in all sorts of men ; and ignorance joyned with long custome , hath confirmed superstition in the hearts of many , I therefore , in the Name of the Lord Jesus Christ , desire audience , as well of you the Commonalty , my brethren , as of the States and Nobility of the Realm , that in publike Preaching I may have place amongst you at large to utter my minde in all matters of controversie this day in Religion . And further I desire , That ye , concurring with your Nobility , would competl your Bishops and Clergie to cease their tyranny : And also , That for the better assurance and instruction of your conscience , ye would compell your said Bishops and false Teachers to answer by the Scriptures of God to such Objections and crimes , as shall be laid against their vain Religion , false Doctrine , wicked life , and slanderous conversation . Here I know that it shall be objected , That I require of you a thing most unreasonable ; to wit , That ye should call your Religion in doubt , which hath been approved and established by so long continuance , and by the consent of so many men before you . But I shortly answer , That neither is the long continuance of time , neither yet the multitude of men a sufficient approbation , which God will allow for our Religion ; For as some of the ancient Writers do witnesse , neither can long processe of time justifie an errour , neither can the multitude of such , as follow it , change the nature of the same ; But if it was an errour in the beginning , so is it in the end , and the longer that it be followed , and the mo that do receive it , it is more pestilent , and more to be avoided : For if antiquity or multitude of men could justifie any Religion , then was the Idolatry of the Gentiles , and now is the abomination of the Turks , good Religion ; For antiquity approved the one , and a multitude hath received , and doth defend the other : But otherwise to answer , godly men may wonder from what Fountain such a sentence doth flow , that no man ought to trie his faith and Religion by Gods Word , but that he safely may beleeve and follow every thing , which antiquity and multitude have approved ; the Spirit of God doth otherwise teach us ; for the wisdome of God , Christ Jesus himself , remitted his adversaries to Moses and the Scriptures , to trie by them whether his Doctrine were of God , or not : The Apostles Paul and Peter command men to trie the Religion which they professe , by Gods plaine Scriptures , and doe praise men for so doing ; Saint Iohn straightly commandeth , That we beleeve not every spirit , but to trie the spirits whether they be of God , or not . Now seeing that these evident testimonies of the holy Ghost will us to trie our faith and Religion by the plain Word of God ; wonder it is that the Papists will not be content that their Religion and Doctrine come under the triall of the same . If this sentence of Christ be true ( as it is most true , seeing it springeth from the verity it self ) Who so doth evill hateth the Light , neither will he come to the Light , lest that his works be manifested and rebuked , then do our Papists by their own sentence condemne themselves and their Religion ; for in so farre as they refuse examination and triall , they declare that they know some fault which the Light will utter ; which is a cause of their fear , and why they claim that priviledge , that no man dispute of their Religion ; the Verity and Truth being of the nature of fine purified Gold , doth not fear the triall of the Fornace ; but the stubble and Chaffe of mans inventions ( such is their Religion ) may not abide the the flame of fire . True it is , that Mahomet pronounced this sentence , That no man should in pain of death dispute or reason of the ground of his Religion ; which Law to this day ( by the art of Sathan ) is observed amongst the Turkes , to their mortall blindnesse and horrible blaspheming of the Gospell of Christ Jesus , and of his true Religion ; And from Mahomet or rather from Sathan the father of all lies ) hath the Pope and his rabble learned this former lesson ; to wit , Their Religion should not be disputed upon , but what the fathers have beleeved , that ought and must the Children approve ; and in so divising Satan lacked not his foresight , for no one thing hath more established the kingdome of that Romane Antichrist , then this most wicked decree ; to wit , That no man was permitted to reason of his power , or to call his Laws in doubt : This is most assured , that whensoever the Papisticall Religion shall come to examination , it shall be found to have no other ground , then hath the religion of Mahomet ; to wit , mans invention , device and dreams overshaddowed with some colour of Gods Word : And therefore Brethren , seeing that the Religion is to man , as the stomack to the body , which if it be corrupted , doth infect the whole Members , it is necessary that the same be examined ; and if it be found replenished with pestilent humours , ( I mean with the fantasies of men ) then of necessitie it is , that those be purged , else shall your bodies and souls perish for ever : For of this I would ye were most certainly perswaded , that a corrupt Religion defileth the whole life of man , appear it never so holy . Neither would I that ye should esteem the Reformation and care of Religion lesse to appertain to you , because ye are no Kings , Rulers , Judges , Nobles , nor in Authoritie ; beloved Brethren , ye are Gods Creatures , created and formed to his own Image and similitude , for whose redemption was shed the most precious blood of the onely beloved Sonne of God , to whom he hath commanded his Gospell and glad-tydings to be preached , and for whom he hath prepared the heavenly Inheritance , so that ye will not obstinatly refuse , and disdainfully contemne the means which he hath appointed to obtain the same ; to wit , his blessed Evangell , which now he offereth unto you , to the end that ye may be saved : For the Gospell and glad Tydings of the Kingdome truly preached , is the power of God to the salvation of every Beleever , which to credite and receive your the Communalty are no lesse addebted , then be your Rulers and Princes ; for albeit God hath put and ordained distinction and difference betwixt the King and Subjects , betwixt the Rulers and the Common-people in the Regiment and Administration of Civill Policies , yet in the hope of the life to come he hath made all equall ; for as in Christ Jesus the Iew hath no greater Prerogative then hath the Gentile , the man then hath the woman , the learned then the unlearned , the Lord then the servant , but all are one in him , so is there but one way and means to attain to the participation of his benefits and spirituall graces , which is a lively faith , working by charitie ; and therefore I say , that it doth no lesse appertain to you , beloved Brethren , to bee assured that your faith and Religion be grounded and established upon the true and undoubted Word of God , then to your Princes or Rulers : For as your bodies cannot escape corporall death , if with your Princes ye eate or drink deadly poyson ( although it be by ignorance or negligence ; ) so shall ye not escape the everlasting , if with them ye professe a corrupt Religion ; yea , except in heart ye beleeve , and with mouth ye confesse the Lord Jesus to be the onely Saviour of the world , ( which ye cannot doe , except ye embrace his Evangell offered ) ye cannot escape death and damnation : For as the just liveth by his own faith , so doth the unfaithfull perish by his infidelitie : And as true faith is ingendred , nourished , and maintained in the hearts of Gods Elect , by Christs Evangell truely preached ; so is infidelity and unbelief fostered by concealing and repressing the same . And thus if ye look for the life everlasting , ye must trie if ye stand in faith , and if ye would be assured of a true and lively faith , ye must needs have Christ Jesus truly preached unto you . And this is the cause ( dear Brethren ) that so oft I repeat , and so constantly I affirme , That to you it doth not lesse appertain , then to you King or Princes , to provide that Christ Jesus be truely preached amongst you , seeing that without his true knowledge , can neither of you both attain to Salvation : And this is the point , wherein ( I say ) all men are equall , That all are descended from Adam , by whose sin and inobedience did death enter into the world , so it behoved all that shall obtain life , to be ingrafted in one , that is , in the Lord Iesus , who being the just servant , doth by his knowledge justifie many ; to wit , all that unfainedly beleeve in him . Of this equalitie , and that , God requireth no lesse of the subject , be he never so poor , then of the Prince and rich man in matters of Religion , he hath given an evident declaration in the Law of Moses ; for when the Tabernacle was builded , erected , and set in order , God did provide , how it and the things pertaining to the same , should be sustained , so that they should not fall in decay : And this provision ( albeit heaven and earth obey his Empire ) would he not take from the secret and hid Treasures which lie dispersed in the veines of the earth , neither yet would he take it from the rich and potent of the people ; but he did command , That every one of the sons of Israel ( were he rich or were he poor ) that came in count from 20 yeers and upward , should yeerly pay halfe a Sickle for an oblation to the Lord , in the remembrance of their Redemption , and for an expiation or cleansing of their souls , which money God commanded should be bestowed upon the Ornaments and necessaries of the Tabernacle of Testimony . He furthermore added a Precept , That the rich should give no more for that use , and in that behalf , then should the poor ; neither yet that the poor should give any lesse then should the rich in that consideration . This law , to mans reason and judgement , may appear very unreasonable ; for some rich man might have given a thousand sickles with lesse hurt of his substance , then some poor man might have payed the half Sickle : And yet God maketh all equall , and will that the one shall pay no more then the other , neither yet the poor lesse then the rich ; This Law ( I say ) may appear very unequall : But if the cause which God addeth be observed , we shall finde in the same the great mercy and inestimable wisdom of God to appear , which cause is expressed in these words ; This money received from the children of Israel , thou shalt give in for the service of the Tabernacle , that it may be to the clildren of Israel for a remembrance before the Lord , that he may be mercifull to your souls . This cause ( I say ) doth evidently declare , That as the whole multitude was delivered from the bondage of Egypt by the mighty power of God alone ; so was every member of the same ( without respect of persons ) sanctified by his grace , the richest ( in that behalfe ) nothing preferred before the poorest : For by no merit and worthinesse of man was he moved to choose and to establish his habitation and dwelling amongst them ; but their felicity , prerogative and honour which they had above all other Nations , proceeded onely from the fountaine of his eternall goodnesse , who loved them freely , as he freely had chosen them to be a priestly kingdome , and holy people from all Nations of the earth : Thus to honour them that hee would dwell in the midst of them , he neither was moved ( I say ) by the wisdome of the wise , by the riches of the potent , neither yet by the vertue and holinesse of any state amongst them , but of meer goodnesse did he love them , and with his presence did he honour the whole people , and therefore to paint out the same his common love to the whole multitude , and to cut off occasions of contention , and doubts of conscience , he would receive no more from the rich , then from the poor , for the maintenance of that his tabernacle , by the which was represented his presence and habitation amongst them . If the rich had been preferred to the poor , then as the one should have been puffed up with pride , as that he had been more acceptable to God by reason of his greater gift , so should the conscience of the other have been troubled and wounded , thinking that his poverty was an impediment that he could not stand in so perfect favour with God , as did the other , because he was not able to give so much , as did the rich , to the maintenance of his Tabernacle : But he , who of mercy ( as is said ) did choose his habitation amongst them , and also that best knoweth what lyeth within man , did provide the remedie for the one , and for the other , making them equall in that behalf , who in other things were most unequall . If the poor should have found himself grieved by reason of that taxe , and that asmuch was imposed upon him as upon the Rich , yet had he no small cause of joy , that God himself would please to compare him , and to make him equall ( in the maintenance of his Tabernacle ) to the most rich and potent in Israel . If this equality was commanded by God for maintenance of that transitory tabernacle , which was but a shadow of a better to come ; is not the same required of us , who now have the verity , which is Christ Jesus ? who being clad with our nature , is made Immanuel , that is , God with us ; Whose naturall body , albeit it be received into the Heavens , where he must abide till all be compleat that is forespoken by the Prophets , yet hath he promised to be present with us to the end of the world . And for that purpose , and for the more assurance of his Promise , he hath erected amongst us here in earth the Signes of his own presence with us , his spirituall Tabernacle , the true preaching of his Word , and right administration of his Sacraments ; to the maintenance whereof is no lesse bound the subject then the Prince , the poor then the rich : For as the Price , which was given for mans redemption , is one , so God requireth of all that shall be partakers of the benefits of the same , a like duty which is a plain confession , That by Christ Jesus alone we have received , whatsoever was lost in Adam . Of the Prince doth God require , That he refuse himself , and that he follow Christ Jesus ; of the Subject he requireth the same . Of the Kings and Judges it is required , That they kisse the Son ; that is , give honour , subjection and obedience to him : and from such reverence doth not God exempt the Subject that shall be saved ; and this is , That equality which is betwixt the kings and subjects , the most rich or noble , and betwixt the poorest and men of lowest state ; to wit , That as the one is obliged to beleeve in heart , and with mouth to confesse the Lord Jesus to be the onely Saviour of the world , so also is the other . Neither is there any of Gods children ( who hath attained to the yeers of discretion ) so poor , but that he hath thus much to bestow upon the Ornaments and maintenance of their spirituall Tabernacle , when necessity requireth ; neither yet is there any so rich , of whose hands God requireth any more : For albeit that David gathered great substance for the building of the Temple , that Solomon with earnest diligence and incredible expences erected and finished the same , That Hezekiah and Iosiah purged the Religion which before was corrupted : yet to them was God no further debter in that respect , then he was to the most simple of the faithfull posterity of faithfull Abraham ; for their diligence , zeal and works gave rather testimony and confession before men , what honour they did bear to God ; what love to his Word ; what reverence to his Religion , then that any work proceeding from them did either establish , or yet encrease Gods favour towards them , who freely did love them in Christ his Son , before the foundation of the world was laid : So that these forenamed , by their notable works , gave testimony of their unfained faith ; and the same doth the poorest , that unfainedly and openly professeth Christ Jesus , and doth embrace his glad tydings offered , That doth abhor Superstition , and flie from Idolatry . The poorest , I say , and most simple that this day on earth , in the dayes of this cruell persecution firmly believeth in Christ , and boldly doth confesse him before this wicked generation , is no lesse acceptable before God , neither is judged in his presence to have done any lesse in promoting Christ his Cause , then is the King , that by his sword and power which he hath received of God , rooteth out Idolatry , and so advanceth Christs glory . But to return to our former purpose : It is no lesse required , I say , of the subject to believe in Christ , and to professe his true Religion , then of the Prince and King : And therefore I affirm , That in Gods presence it shall not excuse you to alleadge , That yee were no chief Rulers , and therefore that the care and reformation of Religion did not appertain unto you . Yee , dear brethren ( as before is said ) are the creatures of God created to his own Image and similitude ; to whom it is commanded , To hear the voice of your heavenly Father , To embrace his Son Christ Jesus , To flie from all doctrine and Religion which he hath not approved by his own Will , revealed to us in his most blessed Word . To which Precepts and Charges if yee be found inobedient , ye shall perish in your iniquity as rebells and stubborn servants , that have no pleasure to obey the good Will of their Soveraign Lord , who most lovingly doth call for your obedience : And therefore , brethren , in this behalf , it is your part to be carefull and diligent : For the question is not of things temporall , which although they be endangered , yet by diligence and processe of time may after be redressed ; but it is of the damnation of your bodies and souls , and of the losse of life everlasting ; which once lost , can never be recovered . And therefore I say , That it behoveth you to be carefull and diligent in this so weighty a matter , lest that ye , contemning this occasion which God now offereth , finde not the like , although that after with groaning and sobs ye languish for the same . And that ye be not ignorant of what occasion I mean , in few words I shall expresse it . Not onely I , but with me also divers other godly and learned men , do offer unto you our labours , faithfully to instruct you in the wayes of the eternall our God , and in the sincerity of Christs Evangell , which this day , by the pestilent Generation of Antichrist ( I mean by the Pope , and by his most ungodly Clergy ) are almost hid from the eyes of men : We offer to jeopard our lives for the salvation of your souls , and by manifest Scriptures to prove that Religion that amongst you is maintained by fire and sword , to be false , vain and diabolicall . We require nothing of you , but that patiently ye will hear our Doctrine , which is not ours , but the Doctrine of salvation revealed to the world by the onely Son of God ; And that ye will examine our reasons , by the which we offer to prove the Papisticall Religion to be abominable before God : And last , we require , That by your power the tyranny of those cruell beasts ( I mean of Priests and Fryers ) may be bridled till we have uttered our mindes in all matters this day debatable in Religion : If these things in the fear of God ye grant to me , and unto others that unfainedly for your salvation , and for Gods glory require the same , I am assured , That of God ye shall be blessed , whatsoever Satan shall devise against you . But and if ye contemn or refuse God , who thus lovingly offereth unto you salvation and life , ye shall neither escape plagues Temporall which shortly shall apprehend you , neither yet the torment prepared for the devill and for his angels , except by your speedy repentance ye return to the Lord , whom now ye refuse , if that ye refuse the Messengers of his Word . But yet I think ye doubt what ye ought and may do in this so weighty a matter . In few words I will declare my conscience in the one , and in the other : Ye ought to prefer the glory of God , and the promoting of Christ his Evangell , and the salvation of your souls , to all things that be in the earth : And ye , although ye be but subjects , may lawfully require of your Superiours , be it of your King , be it of your Lords , Rulers and Powers , That they provide for you true Preachers , and that they expell such as under the name of Pastors , devour and destroy the Flock , not feeding the same as Christ Jesus hath commanded : And if in this point your Superiours be negligent , or yet pretend to maintain tyrants in their tyranny , most justly ye may provide true Teachers for your selves , Pastors according to the minde and heart of God , by whom you may be fed with that most comfortable food of your souls , Christs Evangell truly preached : Ye may moreover , in a peaceable manner , without sedition , with-hold the fruits and profits which your false Bishops and Clergy most unjustly receive of you , unto such time as they shall faithfully do their charge and duties , which is , To preach unto you Christ Jesus truely , rightly to minister the Sacraments according to his own Institution ; and so to watch for the salvation of your souls , as is commanded by Christ Jesus himself , and by his Apostles Paul and Peter . If God shall move your hearts in his true fear to begin to practice these things , and to demanded and crave the same of your Superiours , which most lawfully ye may do , then I doubt not but of his great mercy , and free grace , he will illuminate the eyes of your mindes , that his undoubted Verity will be a Lantern to your feet , to guide and lead you in all the wayes which godly wisedom doth approve ; he will make your enemies tremble before your faces ; he will establish his Evangell amongst you , to the salvation and perpetuall comfort of your selves , and of your posterity after you . But and if ( as God forbid ) the love of friends , the fear of your Princes , and the wisedom of the world draw you back from God , and from his Son Christ Jesus , be ye certainly perswaded , That ye shall drink the cup of his Vengeance ; so many , I mean , as shall contemn and despise this loving calling of your heavenly Father . It will not excuse you ( dear brethren ) in the presence of God , neither yet will it avail you in the day of his visitation , to say , We were but simple subjects , we could not redresse the faults and crimes of our Rulers , Bishops and Clergy : We called for Reformation , and wished for the same ; but Lords brethren were Bishops , their sons were Abbots , and the friends of great men had the possession of the Church , and so were we compelled to give obedience to all that they demanded . These vain excuses , I say , will nothing avail you in the presence of God , who requireth no lesse of the subjects , then of their Rulers ; That they decline from evil , and that they do good ; that they abstain from Idolatry , Superstition , Blasphemy , Murther , and other such like horrible crimes which his Law forbiddeth , and yet neverthelesse are openly committed and maliciously defended in that miserable Realm . And if ye think that ye are innocent , because ye are not the chief actors of such iniquity , ye are utterly deceived ; for God doth not onely punish the chief offenders , but with them doth he condemn the consenters to such iniquity ; and all are judged to consent , that knowing impiety committed , give no testimony that the same displeaseth them . To speak this matter more plain , As your Princes and Rulers are criminall with your Bishops of all Idolatry committed , and of all the innocent blood that is shed for the testimony of Christs Truth ; and that because they maintain them in their tyranny : so are you ( I mean so many of you as give no plain confession to the contrary ) criminall and guilty with your Princes and Rulers in the same crimes , because ye assist and maintain your Princes in their blinde rage , and give no declaration that their tyranny displeaseth you . This Doctrine , I know , is strange to the blinde world ; but the verity of it hath been declared in all notable punishments from the beginning . When the originall world perished by water ; when Sodome and Gomorra were consumed by fire ; and finally , when Ierusalem was horribly destroyed ; Doth any man think that all were alike wicked before the world ? Evident it is that they were not , if they be judged according to their externall facts ; for some were young , and could not be oppressors , neither yet could defile themselves with unnaturall and beastly lusts : Some were pitifull , and gentle of nature , and did not thirst for the blood of Christ , nor of his Apostles : But did any escape the plagues and vengeance which did apprehend the multitude ? Let the Scriptures witnesse , and the Histories be considered , which plainly do testifie , That by the waters all flesh in earth at that time did perish ; ( Noah and his family reserved ) That none escaped in Sodome , and in the other Cities adjacent , except Lot and his two daughters . And evident it is , That in that famous City Ierusalem , in that last and horrible destruction of the same , none escaped Gods vengeance , except so many as before were dispersed . And what is the cause of this severity , seeing that all were not alike offenders , let the flesh cease to dispute with God , and let all men by these examples learn betimes to fly , and avoid the society and company of the proud contemners of God , if that they list not to be partakers of their plagues . The cause is evident , if we can be subject without grudging to Gods judgements , which in themselves are most holy and just : For in the originall world none was found , that either did resist tyranny and oppression that universally was used , nor yet that earnestly reprehended the same . In Sodome was none found that did gain stand that furious and beastly multitude that did compasse about and besiege the house of Lot : None would believe Lot , that the City should be destroyed . And finally , in Ierusalem was found none that studied to represse the tyranny of the Priests , who were conjured against Christ and his Evangell ; but all fainted ( I except ever such as gave witnesse with their blood , or their flying , That such impiety displeased them ) all kept silence ; by the which all approved iniquity , and joyned hands with the tyrannts , and so were all arayed and set , as it had been in one Battell , against the Omnipotent , and against his Son Christ Jesus : For whosoever gathereth not with Christ in the day of his Harvest , is judged to scatter ; And therefore of one vengeance temporall were they all partakers . Which thing , as before I have touched , ought to move you to the deep consideration of your duties in these last and most perillous times . The iniquity of your Bishops is more then manifest ; their filthy lives infect the ayr ; the innocent blood which they shed , cryeth vengeance in the ears of our God ; the idolatry and abomination which openly they commit , and without punishment maintain , doth corrupt and defile the whole Land , and none amongst you do unfainedly study for any redresse of such enormities . Will God in this behalf hold you as innocents ? Be not deceived , dear brethren ; God hath punished not onely the proud tyrants , filthy persons , and cruell murtherers , but also such as with them did draw the yoke of iniquity , was it by flattering their offences , obeying their unjust commandments , or in winking at their manifest iniquity . All such , I say , God once punished with the chief offenders . Be ye assured , brethren , that as he is immutable of nature , so will he not pardon you in that which he hath punished in others ; and now the lesse , because he hath plainly admonished you of the dangers to come , and hath offered you his mercy before he pour forth his wrath and displeasure upon the inobedient . God the Father of our Lord Iesus Christ , who is the father of glory , and God of all consolation , give you the spirit of wisedom , and open unto you the knowledge of himself , by the means of his dear Son , by the which ye may attain to the esperance and hope , That after the troubles of this transitory life , ye may be partakers of the glorious Inheritance which is prepared for such as refuse themselves , and fight under the Banner of Christ Iesus in the day of this his Battell : That in deep consideration of the same , ye may learn to prefer the invisible and eternall joyes , to the vain pleasures that are present . God further grant you his holy Spirit , righteously to consider what I , in his Name , have required of your Nobility , and of the subjects , and move all together so to answer , that my Petition be not a testimony of your just condemnation , when the Lord Iesus shall appear to revenge the blood of his Saints , and the contempt of his most holy Word . Amen . Sleep not in sin ; for vengeance is prepared against the inobedient . Fly from Babylon , if ye will not be partakers of her plagues . Grace be with you . Your Brother to command in godlinesse , JOHN KNOX . Be witnesse to my Appellation . The 4. of Iuly , 1558. A faithfull ADMONITION made by IOHN KNOX , To the true Professors of the Gospel of CHRIST within the Kingdom of England . 1554. John Knox wisheth Grace , Mercy , and Peace from GOD the Father of our Lord Iesus Christ , with the perpetuall Comfort of the Holy Ghost to be with you for ever and ever , dear Brethren , the afflicted Members of Christs Church in England . HAving no lesse desire to comfort such as now be in trouble within the Realm of England , ( and specially you for many causes most dear to me ) then hath the naturall Father to ease the griefe and pain of his dearest Childe ; I have considered with my selfe , what argument or parcell of Gods Scriptures was most convenient and meet to be handled for your consolation in these most dark and dolorous dayes : And so ( as for the same purpose I was turning my Book ) I chanced to see a Note in the Margine written thus in Latine , Videas Anglia , Let England beware ; which Note when I had considered , I found , that the matter written in my Booke in Latine , was this , Seldome it is that God worketh any notable work to the comfort of his Church , but that trouble , fear , and labour cometh upon such as God hath used for his Servants and Workmen ; and also tribulation most commonly followeth that Church were Christ Iesus is most truely preached . This Note was made upon a place of Scripture written in the fourteenth Chapter of Saint Matthews Gospell ; which place declareth , That after Christ Jesus had used the Apostles as Ministers and Servants to feed ( as it had been by their hands ) five thousand men , beside women and children , with five Barley Loaves and two Fishes ; he sent them to the Sea , commanding them to passe over before him to the other side . Which thing as they attempted to obey , and for the same purpose did travell and row forth in the Sea , the night approached , the wind was contrary , the vehement and raging storme arose , and was like to overthrow their poor Boat and them . When I considered ( as dolour and my simplicity would suffer ) the circumstances of the Text , I began to reckon and ask account of my self ( and as God knoweth , not without sorrow and sobs ) whether at any time I had been so plain by my tongue , as God had opened his holy Will and Wisdom in that matter unto me , as mine own Pen and Note beare witnesse to my conscience : And shortly it came to my minde , that the same place of Scripture I had handled in your presences , when God gave opportunity and time for you to heare Gods Messenger speak the words of eternall life . Wherefore I thought nothing more expedient , then shortly to call to minde againe such things as then I trust were touched ; albeit peradventure neither of me so plainly uttered , neither of you so plainly perceived , as these most dolorous dayes declare the same to us . It shall not bee necessary to handle the Text word by word , but of the whole summe to gather certain Notes and Observations , ( which shall not farre disagree from the state of these dayes ) it shall be sufficient . And first it is to be observed , That after this great miracle that Christ had wrought , he neither would retain with himself the multitude of people whom he had fed , neither yet his disciples ; but the one he sent away every man to return to his place of accustomed residence , and the others he sent to the danger of the Seas , not as he that was ignorant what should chance unto them , but knowing and foreseeing the Tempest , yea and appointing the same so to trouble them . It is not to be judged , That the onely and true Pastour would remove and send away from him the wandering and weak sheep ; neither yet that the onely provident Governour and Guide would set out his rude Warriours to so great a jeopardie , without sufficient and most just cause . Why Christ removed and sent away from him the people , the Evangelist Saint Iohn declareth , saying , When Iesus knew that they were come to take him , that they might make him King , he passed secretly ( or alone ) to the Mountain . Whereof it is plain what chiefly moved Christ to send away the people from him , because that by him they sought a carnall and worldly libertie , regarding nothing his Heavenly Doctrine of the Kingdom of God his Father , which before he had taught and declared unto them plainly , shewing them , That such as would follow him must suffer for his Names sake persecution , must be hated of all men , must deny themselves , must be sent forth as sheep among Wolves : But no part of this doctrine pleased them , or could enter into their hearts , but their whole minde was upon their bellies , for sufficing whereof they devised and imagined , that they would appoint Christ Jesus to be their worldly King ; for he had power to multiply bread at his pleasure . Which vain opinion and imagination perceived by Christ Jesus , he withdrew himselfe from their company , to avoid all such suspition , and to let them understand , That no such honours did agree with his Vocation , who came to serve , and not to be served : And when this same people sought him againe , he sharply rebuked them , because they sought him more to have their Bellies fed with corruptible meat , then to have their souls nourished with lively Bread that came down from Heaven . And thus in the people there was just cause why Christ should withdraw himself from them for a time . Why the Disciples should suffer that great danger , feare and anguish , Saint Marke in his Gospel plainly sheweth , saying , That their hearts were blinded , and therefore did neither remember nor consider the miracle of the Loaves : That is , Albeit with their hands they had touched that bread by which so great a multitude was fed ; and albeit also they had gathered up twelve Baskets full of that which remained of a few Loaves , which before the Miracle a Boy was able to have borne ; yet did they not rightly consider the infinite power of Christs Jesus by this wonderfull Miracle : And therefore of necessity it was , that in their owne Bodies they should suffer trouble for their better instruction . When I deeply consider ( dearly beloved in our Saviour Christ ) how abundantly , and how miraculously the poor and small flock of Christ Jesus was fed within the Realm of England under that elect and chosen Vessell of God to glory and honour Edward the sixt ; and now again behold not onely the dispersion and scattering abroad , but also the appearing destruction of the same , under these cursed , cruell and abominable Idolaters , me thinke I see the same causes to have moved God , not onely to withdraw his presence from the multitude , but also to have sent his welbeloved servants to the travels of the Seas , wherein they were sore tossed and turmoyled , and apparently most like to perish . What were the affections of the greatest multitude that followed the Gospel in this former rest and abundance , is easie to be judged , if the life and conversation of every man should have beene thorowly examined : For who lived ( in that rest ) as that he had refused himself ? Who lived in that rest , as that he had been crucified with Christ ? Who lived in that rest , as that he had certainly looked for trouble to come upon him ? Yea , who lived not rather in delicacy and joy , and seeking the world and pleasures thereof , caring for the flesh and carnall appetites , as though death and sin had clean been devoured ? And what was this else , then to make of Christ an earthly King ? The Word that we professed daily cryed in our ears ; that our Kingdome ; our joy , our rest and felicitie , neither was , is , nor should be upon the earth , neither in any transitory thing thereof , but in heaven , into which we must enter by many tiibulations . But ( alas ) we sleeped in such securitie , that the sound of the Trumpet could of many never be perfectly understood , but alwayes we perswaded our selves of a certaine tranquility , as though the troubles whereof mention is made within the Scriptures of God , appertained nothing at all to this age , but unto such as of long time are passed before us : and therfore was our heavenly Father compelled to withdraw from us the presence of his veritie ( whose voyce in those dayes we could not beleeve ) to the end that more earnestly we may thirst for the same , and with more obedience embrace and receive it , if ever it shall please his infinite goodnesse , in such abundance to restore the same againe . I mean nothing of those that followed Christ only for their bellies , for such perceiving that they could not obtain their hearts desire of Christ , have grudged , and left him in body and heart ; which thing their blasphemous voices spake against his eternall verity , doth witnesse and declare . For such ( brethren ) be ye not moved , for in the time of their profession they were not of us , but were very dissemblers and Hypocrites ; and therefore God justly permitteth that they blaspheme the Truth , which they never loved . I mean not that ever such dissembling Hypocrites shall embrace the verity , but I meane such as by infirmitie of the flesh , and by naturall blindnesse ( which in this life is never altogether expelled ) then could not give the very obedience which Gods Word required , neither now by weaknesse of faith dare openly and boldly confesse that which their hearts know to be most true , and yet lamenteth & mourneth , both for the imperfection by passed and present ; from such shall not the amiable presence of Christ for ever be withdrawn ; but yet again shall the eyes of their soretroubled hearts behold and see that light of Christs Gospell , wherein they most delight . We the Ministers , who were the distributers of this bread , ( the true Word of God ) wherewith the multitude within England was fed , lacked not our offences , which also moved God to send us to the Sea. And because the offences of no man are so manifest unto me , as mine own , I will onely censure my self . It is not unknown unto many , that I ( the most wretched ) was one of that number whom God appointed to receive that Bread ( as it was broken by Christ Jesus ) to distribute and give the same to such as he had called to this banquet , in that part of his table where he appointed me to serve . It is not in my knowledge nor judgement to define nor determine what portion or quantity every man received of this bread , neither yet how that which they received agreed with their stomacks ; but of this I am assured , That the benediction of Christ Jesus so multiplyed the portion which I received of his hands , that during the banquet ( this I write to the praise of his Name , and to the accusation of mine owne unthankfulnesse ) the bread never failed when the hungry soule craved or cried for food ; and at the end of the banquet , mine own conscience beareth witnesse , that mine hands gathered up the crummes that were left in such abundance , that the banquet was full among the rest . To be plain , mine own conscience beareth record to my self , how small was my learning , and how weak I was of judgement when Christ Jesus called me to be his steward , and how mightily day by day , and time by time he multiplied his graces with me , if I should conceale , I were most wicked and unthankfull . But alas , how blinded was my heart , and how little I did consider the dignity of that Office , and the power of God that then multiplied and blessed the bread which the people received of my hands , this day mine own conscience beareth witnesse to my selfe . God I take to record in my conscience , That I delivered the same bread that I received of Christs hands ; and that I mixed no poyson with the same ; that is , I teached Christs Gospel without any mixture of mens dreames , devises , or phantasies . But alas I did it not with such fervency , with such indifferency , and with such diligency as this day I know my duty was to have done . Some complained in those dayes , That the Preachers were undiscreet persons ( yea , some called them raylers , and worse ) because they spake against the manifest iniquity of men , and especially of those that then were placed in Authority , as well in Court , as in other Offices universally thorowout the Realme , both in Cities , Towns and Villages . And among others peradventure my rude plainnesse displeased some , who did complain , That rashly I did speak of mens faults , so that all men might know and perceive of whom I meant . But alas , this day my conscience accuseth me , That I spake not so plainly as my duty was to have done : For I ought to have said to the wicked man expressely by his name , Thou shalt die the death . For I finde Ieremiah the Prophet to have done so to Pashur the high Priest , and to Zedechiah the King. And not onely he , but also Elijah , Elisha , Michah , Amos , Daniel , Christ Jesus himself ; and after him his Apostles expressely to have named the blood-thirsty tyrants , abominable Idolaters , and dissembling hypocrites of their dayes . If that we the Preachers within the Realme of England were appointed by God to be the Salt of the earth ( as his other Messengers were before us . ) Alas , Why with-held we the Salt , where manifest compunction did appear ? ( I accuse none but my selfe . ) The blinde love that I did bear to this my wicked carkase was the chiefe cause that I was not fervent and faithfull enough in that behalfe ; For I had no will to provoke the hatred of all men against me : And therefore so touched I the vices of men in the presence of the greatest , that they might see themselves to be offenders ( I dare not say that I was the greatest flatterer . ) But yet neverthelesse I would not be seen to proclaim manifest Warre against the manifest wicked : Whereof unfainedly I ask my God mercy . As I was not so fervent in rebuking manifest iniquity as it became me to have been ; So was I not so indifferent a feeder as is required of Christs Steward : For in preaching Christs Gospel , albeit mine eye ( as knoweth God ) was not much upon worldly promotion , yet the love of friends , and carnall affection of some men with whom I was most familiar , allured me to make more residence in one place then in another , having more respect to the pleasure of a few , then to the necessity of many . That day I thought I had not sinned , if I had not been idle ; But this day I know it was my duty to have had consideration how long I had remained in one place , and how many hungry souls were in other places , to whom alas none took pain to break and distribute the bread of Life . Moreover , remaining in one place I was not so diligent as mine Office required ; but sometime by counsell of carnall friends I spared the body ; sometime I spent in worldly businesse of particular friends ; and sometime in taking recreation and pastime by exercise of the body . And albeit men may judge these to be light and small offences , yet I acknowledge and confesse , That unlesse pardon should be granted to me in Christs blood , that every one of these three offences aforenamed , that is to say , Lack of fervency in reproving sin , The lack of indifferency in feeding those that were hungry , And the lack of diligence in the execution of mine Office , deserved damation . And beside these , I was assaulted , yea , infected and corrupted with more grosse sins ; that is , My wicked nature desired the favours , the estimation and praise of men ; against which albeit that sometime the Spirit of God did move me to fight , and earnestly did stir me ( God knoweth I lye not ) to sob and lament for those imperfections ; yet never ceased they to trouble me when any occasion was offred : And so privily and craftily did they enter into my brest , that I could not perceive my self to be wounded , till vain-glory had almost gotten the upper hand . O Lord be mercifull to my great offence , and deal not with me according to my great iniquity ; but according to the multitude of thy mercies remove from me the burthen of my sin : for of purpose and minde to have avoided the vain displeasure of man , I spared little to offend thy Majestie . Think not ( beloved in the Lord ) That thus I accuse my selfe without just cause , as though in so doing I might appear more holy ; or that yet I do it of purpose and intent by occasion thereof to accuse others of my brethren the true Preachers of Christ of like or greater offences : No , God is Judge to my conscience , That I do it even from an unfained and sore troubled heart , as I that know my selfe grievously to have offended the Majesty of my God , during the time that Christs Gospel had free passage in England . And this I do let you understand , That the taking away of the heavenly Bread , and this great tempest that now bloweth against the poor disciples of Christ within the Realme of England ( as touching our part ) cometh from the great mercy of our heavenly Father , to provoke us to unfained repentance , for that neither Preacher nor Professor did rightly consider the time of our mercifull Visitation : But altogether so we spent the time , as though Gods Word had been Preached rather to satisfie our fantasies , then to reforme our evill manners . Which thing if we earnestly repent , then shall Jesus Christ appear to our comfort , be the storm never so great . Haste , O Lord , for thy Names sake . The second thing that I finde to be noted , is , The vehemency of the fear which the disciples endured in that great danger , being of longer continuance then ever they had at any time before . In Saint Matthewes Gospel it appeareth , That another time there arose a great stormy Tempest , and sore tossed the Boat wherein Christs disciples were labouring : But that was nigh the day light , and then they had Christ with them in the Ship , whom they awaked , and cryed for help unto him ( for at that time he slept in the Boat ) and so were shortly delivered from their sudden fear . But now were they in the midst of the raging Sea , and it was night , and Christ their Comforter absent from them , and cometh not to them neither in the first , second , nor third Watch ; What fear think ye were they in ? And what thoughts arose out of their so troubled hearts , during that storm ? Such as this day be in like danger within the Realme of England , doth by this storm better understand then my pen can expresse . But of one thing I am well assured , That Christs presence would in that great perplexity have been to them more comfortable then ever it was before ; and that patiently they would have suffered their incredulity to have been rebuked , so that they might have escaped the present death . But profitable it shall be , and somewhat to our comfort , to consider every parcell of their danger : And first , ye shall understand , That when the disciples passed to the Sea to obey Christs Commandment , it was fair weather , and no such Tempest seen . But suddenly the storme arose with a contrarious flaw of winde , when they were in the midst of their Journey . For if the Tempest had been as great in the beginning of their entrance into the Sea , as it was after when they were about the midst of their Journey , neither would they have adventured such a great danger ; neither yet had it been in their power to have attained to the midst of the Sea. And so it may be evidently gathered , That the Sea was calme when they entered into their Journey . Then it is to be remarked , By what means and instruments was this storme moved : Was the plunging of their Oars , and force of their small Boat such as might stirre the waves of the great Sea ? No , doubtlesse : But the holy Ghost declareth , That the Seas were moved by a vehement and contrary winde , which blew against their Ship in the time of darknesse . But seeing the winde is neither the commander nor mover of it self , some other cause is to be enquired , which hereafter we shall touch . And last , it is to be noted and considered , What the disciples did in all this vehement Tempest . Truely they turned not to be driven backe for land or shore , by the vehemency of the contrary winde ; for so it might be thought that they could not have escaped shipwrack and death : but they continually laboured in rowing against the winde , abiding the ceasing of that horrible tempest . Consider and mark , beloved in the Lord , what we reade here to have chanced to Christs disciples , and to their poor Boat ; and you shall well perceive , That the same thing hath chanced , doth and shall chance to the true Church and Congregation of Christ ( which is nothing else in this miserable life but a poor Ship ) travelling in the Seas of this unstable and troublesome world , toward the heavenly Port , and Haven of eternall felicity , which Christ Jesus hath appointed to his elect . This I might prove by the posterity of Iacob in Egypt ; By the Israelites in their Captivity ; and by the Church during the time that Christ himself did Preach ( and sometime after his Resurrection and Ascension ) against whom the vehement storme did not rage immediately after they entred into the Ship of their travell and tribulation : For the bloody sentence of Pharaoh was not pronounced against the seed of Iacob when he first did enter into Egypt : Neither was the cruell counsell and devillish device of proud Haman invented by and by after Israel and Iudah were translated from their possessions : Neither yet in the time of Christ Jesus being conversant with his Apostles in the flesh , was there used any such tyranny against the Saints of God , as shortly after followed in the persecution of Saint Stephen , and other disciples . But all these in the beginning of their travell with a contrary winde , had alway some calme ; that is , Albeit they had some trouble , yet had they not extreme persecution . Even so , most dearly beloved , is happened now to the afflicted Church of God within the Realme of England : At all times the true Word of God suffered contradiction and repugnancie ; And so the winde blew against us even from the beginning of the late up rising of the Gospel in England , but yet it could not stop our course , till now of late days , that the raging winde bloweth without bridle upon the unstable Seas , in the midst whereof we are in this hour of darknesse . To write my minde plainly unto you , beloved brethren : This winde that alwayes hath blown against the Church of God , is the malice and hatred of the devill , which rightly in this case is compared to the winde : For as the winde is invisible , and yet the poor disciples feel that it troubleth and letreth their Ship ; So is the pestilent envie of the devill working alwayes in the hearts of the reprobate so subtill and crafty , that it cannot be espied by Gods Elect , nor by his Messengers , till first they feel the blasts thereof to blow their Ship backward : And as the vehement winde causeth the waves of the Sea to rage , and yet the dead water neither knoweth what it doth , neither yet can it cease nor refrain ; so that both it is troubled by the winde , and also it self doth trouble Christs disciples in their poor Ship : So by the envie and malice of the devill , are wicked and cruell , as well subjects as Princes ( whose hearts are like the raging Sea ) compelled to persecute and trouble the true Church of Christ ; and yet so blinded are they , and so enthralled under the bondage of the devill , that neither can they see their manifest iniquity , neither yet can they cease to run to their own destruction . And hereof , England , hast thou manifest experience : For in the time of King Henry the eighth , how the wolf , that wicked Winchester , and others , by the vehement winde of six bloody Articles ( by the devill devised ) intended to have overthrown the poor Ship and Christs disciples , is evidently known already . But then had we Christ Jesus with us sleeping in the Ship , who did not despise the faithfull crying of such as then were in trouble : But by his mighty power , gracious goodnes , and invincible force of his holy Word , he compelled those wicked windes to cease , and the raging of those Seas to be stilled and calm : So that all the hearts of Gods Elect within the Realme of England did wonder at that sudden change , while that under a lamb the fearfull edge of that devouring sword was taken from the necks of the faithfull ; and the tyrannie of those ravening and blood-thirsty Wolves ( I mean of wily Winchester , and of some other his Brethren , the sonnes of Belial ) was repressed for a time : But yet ceased not the Devill to blow his winde , by his wicked Instruments , who found the means , how against nature the one brother should assent to the death of the other ; but that could not hinder the course of the travelling Boat , but forth she goeth in despight of the Devill , who then more cruelly raged , perceiving his owne honour and service ; that is , his detestable Masse , to be disclosed and opened before the people , to be damnable Idolatrie , and assured damnation to such as put their trust in it : And therfore began he more craftily to work , and finding the same Instruments apt enough , whose labours he had used before , he blew such mortall hatred between two , which appeared to be the chief pillars under the King ; for that wretched ( alas ) and miserable Northumberland could not be satisfied , till such time as simple Somerset most unjustly was bereft of his life ; what the Devill and his Members the pestilent Papists , meant by his away-taking , God compelled my tongue to speak in more places then one ; and specially before you , and in Newcastle , as sir Robert Bradling did not forget a long time after ; God grant that he may understand all other matters spoken before him then and at other times , as righly as he did that mine interpretation of the Vineyard , whose Hedges , Ditches , Towres and Winepresse God destroyed , because it would bring forth no good fruit : And that he may remember , that what ever was spoken by my mouth that day , is now compleate , and come to passe , except that finall destruction and vengeance is not yet fallen upon the greatest offenders , as assuredly shortly it shall , unlesse that he and some other of his sort , that then were enemies to Gods truth , will speedily repent ( and that earnestly ) their stubborne disobedience . God compelled my tongue ( I say ) openly to declare , That the Devill and his Ministers intended onely the subversion of Gods true Religion , by that mortall hatred among those which ought to have beene most assuredly knit together by Christian charity , and by benefits received ; and especially that the wicked and envious Papists ( by that ungodly breach of charity ) diligently minded the overthrow of him , that to his own destruction , procured the death of his innocent friend : Thus ( I say ) I was com●elled of conscience oftner then once to affirm , That such as saw and invented the means how the one should be taken away , saw and should finde the means also to take away the other ; and that all that trouble was devised by the Devill and his Instruments , to stop and let Christs Disciples and their poor Boat ; but that was not able , because she was not yet come to the midst of the Sea. Transubstansiation ( the Bird that the Devill hatched by Pope Nicholas and since that time fostered and nourished by all his Children , Priests , Friers , Monks , and other his conjured and sworn souldiers , and in these last dayes chiefly by Stephen Gardner , and his black brood in England ; ) Transustantiation ( I say ) was then clearly confuted and mightily overthrown ; and therefore God had put wisdom in the tongues of his Ministers and Messengers to utter that vain vanitie ; and specially gave such strength to that Reverend Father in God , Thomas Granmer , to cut the knots of Devillish Sophistry linked and knit by the Devils Gardener , and his blinde Buzzards , to hold the verity of the everliving God under bondage , that rather I think they shall condemn his works ( which notwithstanding shall continue and remain to their confusion , then they shall enterprize to answer the same . And also God gave boldnesse and knowledge to the Court of Parliament to take away the round clipped God , wherein standeth all the holinesse of Papists , and to command common Bread to be used at the Lords Table , and also to take away the most part of superstitions , ( kneeling at the Lords Supper excepted ) which before prophaned Christs true Religion . Then ( dear Brethren ) was the Boat in the midst of the Sea , and suddenly ariseth the horrible tempest , most fearfull and dolorous ; Our King is taken away from us , and the Devill bloweth in such Organs as alway he had found obedient to his Precepts , and by them he enflameth the heart of that wretched and unhappy man , ( whom I judge more to be lamented , then hated ) to covet the Imperiall Crown of England to be established to his Posterity , and what thereupon hath succeeded , it is not now necessary to be written . Of this short discourse ( Beloved in the Lord ) you may consider and perceive two speciall Notes ; 1. That the whole malice of the Devill hath alwayes this end , To vexe and overthrow Christs afflicted Church ; for what else intended the Devill and his servants ( the pestilent Papists ) by all these their crafty policies , during the time that Christs Gospell was preached in England , then the subversion of the same Gospell , and that they might recover power to persecute the Saints of God , as this day in the hour of darknesse they have obtained for a time , to their own destruction . Let no man wonder though I say , That the crafty policies of pestilent Papists wrought all the mischiefe , for who could more easier and better worke greater mischief , then such as bare authority and rule . And who ( I pray you ) ruled the roste in the Court all this time , by stout courage and proudnesse of stomack , but Northumberland ? But who ( I pray you ) under King Edward , ruled all by counsell and wit ? Shall I name the man ? I will writ no more plainly now then my tongue spake the last Sermon , That it pleased God that I should make before that Innocent and most godly King Edward the sixt , and before his Councell at Westminster , and even to the faces of such as of whom I meant . Handling this place of Scripture , Qui edit mecum panem sustulit adversus me calcaneum suum ; that is , He that eateth bread with me , hath lift up his heel against me . I made this affirmation , That commonly it was seen , that the most godly Princes had Officers and chief Councellors most ungodly , conjured enemies to Gods true Religion , and Traitours to their Princes , not that their wickednesse and ungodlinesse was speedily perceived and espied out of the said Princes and godly men , but that for time those craftie colourers could so cloke their malice against God and his truth , and their hollow hearts toward their loving Masters , that by worldly wisdome and policie at length they attained to high promotions . And for the proofe of this mine affirmation , I recited the Histories of Achitophel , Shebna , and Iudas ; of whom the two former had high Offices and promotions with great authority under the most godly Princes , David and Hezekiah ; and Iudas was Purse Master with Christ Jesus . And when I had made some discourse in that matter , I moved this Question ; Why permitted so godly Princes so wicked men to be of their Councell , and to bear Office and Authority under them ? To the which I answered ; That either they so abounded in worldly wisdom , foresight and experience touching the government of a Common-wealth , that their counsell appeared to be so necessary , that the Common-wealth could not lack them , and so by the colour to preserve the tranquilitie and quietnesse in Realms , they were maintained in Authority ; or else they kept their malice which they bare towards their Masters and Gods true Religion , so secret in their breasts , that no man could espie it , till by Gods permission they waited for such occasion and opportunitie , that they uttered all their mischief so plainly , that all the world might perceive it : And that was most evident by Achithophel and Sobna ; for of Achithophel it is written , That he was Davids most secret Councellour , and that , because his counsell in those dayes was like the Oracle of God ; and Sobna was unto good King Hezekiah sometime Comptroller , sometime Secretary , and last of all Treasurer ; to the which Offices he had never been promoted under so godly a Prince , if the Treason and malice which he bare against the King , and against Gods true Religion , had been manifestly known . No ( quoth I ) Sobna was a crafty Foxe , and could shew such a fair countenance to the King , that neithet he nor his Councell could espie his malicious Treason . But the Prophet Isaiah was commanded by God to go to his presence , and to declare his traiterous heart and miserable end . Was David ( said I ) and Hezekiah Princes of great and godly gifts and experience , abused by crafty Councellors and dissembling Hypocrites ? What wonder is it then , that a young and innocent King be deceived by craftie , covetous , wicked and ungodly Counsellors ? I am greatly afraid that Achitophel is Counsellor , that Iudas bears the Purse , and that Sobna is Scribe , Comptroller and Treasurer . This and somewhat more I spake that day , not in a corner ( as many yet can witnesse ) but even before those whom my conscience judged worthy of accusation : And this day no more do I write ( albeit I may justly , because they have declared themselves most manifestly ) but yet do I affirme , That under that innocent King , pestilent Papists had greatest Authority . Oh! who was judged to be the soule and life to the Counsell in every matter of weighty importance ? who but Sobna , who could best dispatch businesses , that the rest of the Councell might Hawk , and Hunt , and take their pleasure ? None like unto Sobna . Who was most frank and ready to destroy Sommerset , and set up Northumberland ? was it not Shebna ? Who was most bold to crie Bastard , Bastard ? Incestuous Bastard Mary shall never Reigne over us . And who , I pray you , was most busie to say , Fear not to Subscribe with my Lords of the Kings Majesties most Honourable Privie Councell , Agree to his Majesties last Will and perfect Testament , and let never that obstinate woman come to Authority , she is an arrant Papist , she will subvert the true Religion , and will bring in strangers to the destruction of this Common-wealth : Which of the Councell ( I say ) had these and greater perswasions against Mary , to whom now he coucheth and kneeleth ? Sobna the Treasurer . And what intended such Traytorous and dissembling Hypocrites by all these and such like crafty sleights and counterfeit conveyance ? Doubtlesse the overthrow of Christs true Religion , which then began to flourish in England ; the liberty whereof fretted the Guttes of such pestilent Papists , who now hath gotten the dayes which they long looked for , but yet to their own destruction and shame , for in the spite of their hearts the plagues of God shall strike them ; they shall be comprehended in the snare which they prepare for others for their owne counsels shall make themselves slaves to a proud , mischievous , unfaithfull and vile Nation . Now to the second Note of our Discourse , which is this ; Albeit the Tyrants of this earth have learned by long experience , that they are never able to prevaile against Gods Truth , yet because they are bound slaves to their Master the Devill , they cannot cease to persecute the members of Christ , when the Devill blowes his winde in the darknesse of the night , that is , When the light of Christs Gospel is taken away , and the Devil raigneth by Idolatry superstition and Tyrannie . This most evidently may be seene from the beginning of this world to the time of Christ , and from thence till this day . Ismael might have perceived , that he could not prevail against Isaac , because God had made his promise unto him , as no doubt Abraham their father teached to his whole houshold ; Esau likewise understood the same of Iacob ; Pharaoh might plainly have seen by many Miracles , that Israel was Gods people , whom he could not utterly destroy ; and also the Scribes , and Pharisees , and Chief Priests were utterly convinced in their Conscience , that Christs whole doctrine was of God , and that to the profit and commodity of man , his Miracles and works were wrought by the power of God , and therefore that they could never prevaile against him : And yet as the Devill stirred them , none of those could refrain to persecute him , whom they knew most certainly to be innocent . This I write that you shall not wonder , albeit now ye see the poysoned Papists , wicked Winchester , and dreaming Duresme , with the rest of the Faction ( who sometimes were so confounded , that neither they durst nor could speak nor write in the defence of their Heresies ) now so to rage and triumph against the eternall Truth of God , as though they had never assayed the power of God speaking by his true Messengers . Wonder not hereat ( I say ) beloved Brethren , that the Tyrants of this world are so obedient and ready to follow the cruell counsels of such disguised Monsters ; For neither can the one nor the other refraine , because both sorts are as subject to obey the Devill their Prince and Father , as the unstable Sea is to lift up the waves when the vehement winde bloweth upon it . It is fearfull to be heard , that the Divell hath such power over any man , but yet the Word of God hath so instructed us . And therefore albeit it be contrary to our phantasie , yet we must beleeve it . For the Divell is called the prince and god of this world , because he raigneth , and is honoured by tyranny and idolatry in it . He is called the Prince of Darknesse that hath power in the Ayr ; It is said , That he worketh in the children of unbelief , because he stirreth them to trouble Gods Elect ; as he invaded Saul , and compelled him to persecute David ; and likewise he entred into the heart of Iudas , and moved him to betray his Master . He is called Prince over the sons of Pride ; and father of all those that are lyers , and enemies to Gods Truth : Over whom he hath no lesse power this day , then sometimes he had over Annas and Caiaphas , whom no man denieth to have been led and moved by the devil to persecute Christ Jesus , and his most true Doctrine . And therefore wonder not ( I say ) that now the devil rageth in his obedient servants , wily Winchester , dreaming Duresme , and bloody Bonner , with the rest of their bloody butcherly brood ; for this is their hour and power granted unto them : they cannot cease nor asswage their furious fumes , for the devil their Sire stirreth , moveth , and carrieth them even at his will. But in this that I declare the power of the devil working in cruell tyrants , Think you that I attribute or give to him or to them power at their pleasure ? No , not so , brethren , not so ; for as the devil hath no power to trouble the Elements , but as God shall suffer , so hath worldly tyrants ( albeit the devill hath fully possessed their hearts ) no power at all to trouble the Saints of God , but as their bridle shall be loosed by Gods hands . And herein , dear brethren , standeth my singular comfort this day , when I hear that those bloody tyrants within the Realme of England doth kill , murther , destroy and devour man and woman as ravennous Lions now loosed from bonds . I lift up therefore the eyes of mine heart ( as my iniquity and present dolour will suffer ) and to my heavenly Father will I say : O Lord , those cruell tyrants are loosed by thy hand , to punish our former ingratitude , whom , we trust , thou wilt not suffer to prevail for ever , but when thou hast corrected us a little , and hast declared unto the world the tyranny that lurked in their boldned brests , then wilt thou break their jaw-bones , and wil● shut them up in their caves again , that the generation and posterity following may praise thy holy Name before thy Congregation . Amen . When I feel any taste or motion of these promises , then think I my self most happy , and that I have received a just compensation , albeit I , and all that to me in earth belongeth , should suffer present death , knowing that God shall yet shew mercy to his afflicted Church within England , and that he shall represse the pride of these present tyrants , like as he hath done of those that were before our dayes . And therefore , beloved brethren in our Saviour Jesus Christ , hold up to God your hands that are fainted through fear , and let your hearts that have in these dolorous dayes sleeped in sorrow , awake , and hear the voyce of your God , who sweareth by himself , That he will not suffer his Church to be oppressed for ever ; neither that he will despise our sob● to the end , if we will row and strive against this vehement winde ; I mean , if that ye will not run back headlong to Idolatry , then shall this storm be asswaged in despight of the devill ; Christ Jesus shall come with speed to your deliverance , he shall pierce thorow the winde , and the raging Seas shall obey , and bear his feet and body , as the massie , stable and dry land . Be not moved from the sure foundation of your faith : For albeit that Christ Jesus be absent from you ( as he was from his disciples in that great storme ) by his bodily presence , yet is he present by his mighty power and grace : He standeth upon the mountain in security and rest ; that is , his flesh and whole humanity is now in heaven , and can suffer no such trouble as sometimes he did : And yet he is full of pity and compassion , and doth consider all our travell , anguish and labours ; wherefore it is not to be doubted , but that he will suddenly appear to our great comfort . The tyranny of this world cannot keep back his coming , more then the blustering winde and raging Seas lett Christ to come to his disciples , when they looked for nothing but present death . And therefore yet again I say , beloved in the Lord , Let your hearts attend to the promises that God hath made unto true repentant sinners , and be fully perswaded with a constant faith , That God is alwayes true and just in his performance of his promises . You have heard these dayes spoken of very plainly , when your hearts could fear no danger , because you were nigh the land , and the storm was not yet risen ; that is , Ye were young Scholars of Christ when no persecution was felt or seen : But now ye are come into the midst of the Sea ( for what part of England heard not of your profession ? ) and the vehement storm whereof we then almost in every Exhortation spake of , is now suddenly risen up . But what ? Hath God brought you so far forth , that you shall both in souls and bodies every one perish ? Nay , my whole trust in Gods mercy and truth is to the contrary . For God brought not his people into Egypt , and from thence thorow the Red Sea to the intent they should perish , but that he in them should shew a most glorious deliverance : Neither sent Christ his Apostles into the middest of the Sea , and suffering the storm to assault them and their Ship , to the intent they should there perish , but because he would the more have his great goodnesse towards them felt and perceived in so mightily delivering them out of the fear of perishing , giving us thereby an example that he would do the like to us , if we abide constant in our profession and saith , with-drawing our selves from superstition and idolatry . We gave you warning of these dayes long ago : For the reverence of Christs Blood let these words be noted ; The same Truth that spake before of these dolorous dayes , forespake also the everlasting joy prepared for such as should continue to the end . The trouble is come ; O dear brethren look for the comfort , and ( after the example of the Apostle ) abide in resisting this vehement storm a little space . The third Watch is not yet ended ; remember that Christ Jesus came not to his disciples till it was the fourth Watch : and they were then in no lesse danger then you be now ; for their faith fainted , and their bodies were in danger . But Christ Jesus came when they looked not for him ; and so shall he do to you , if you will continue in the profession that you have made . This dare I be bold to promise , in the Name of him whose Eternall Verity and glorious Gospel ye have heard and received : who also putteth into my heart an earnest thirst ( God knoweth I lie not ) of your salvation , and some care also for your bodies , which now I will not expresse . Thus shortly have I passed thorow the outragious tempest wherein the disciples of Christ were tempted , after that the great multitude were by Christ fed in the desert , omitting many profitable Notes which might well have been marked in the Text , because my purpose is at this present not to be tedious nor yet curious , but only to note such things as be agreeable to these most dolorous dayes . And so let us now speak of the end of this storm and trouble , in which I finde four things chiefly to be noted : First , That the disciples at the presence of Christ were more afraid then they were before . Secondly , That Christ useth no other instrument but his Word to pacific their hearts . Thirdly , That Peter in a fervency first left his Ship , and yet after feared . Fourthly and lastly , That Christ permitted neither Peter nor the rest of his disciples to perish in that fear , but gloriously delivered all , and pacified the Tempest . Their great fear , and the cause thereof , are expressed in the Text , in these words ; When the disciples saw him walking upon the Sea , they were afraid , saying , It is a Spirit ; and they cryed through fear . It is not my purpose in this Treatise to speak of spirits , nor yet to dispute , Whether spirits good or bad may appear and trouble men : Neither yet to enquire , Why mans nature is afraid of spirits , and so vehemently abhorreth their presence and company . But my purpose is onely to speak of things necessary for this time . And first , let us consider that there was three causes why the disciples knew not Christ , but judged him to be a spirit . The first cause was , The darknesse of the night . The second was , The unaccustomed vision that appeared . And the third was , The danger and the tempest , in which they so earnestly laboured for the safeguard of their selves . The darknesse ( I say ) of the night letted their eyes to see him : And it was above nature , that a massie , heavy , and weighty body of a man ( such as they understood their Master Christ to have ) should walk , go upon , or be born up of the water of the raging Sea , and not sink . And finally , the horrour of the tempest , and great danger that they were in , perswaded them to look for none other , but certainly to be drowned . And so all these three things concurring together , confirmed in them this imagination , That Christ Iesus , who came to their great comfort and deliverance , was a fearfull and wicked spirit appearing to their destruction . What here happened to Christ Jesus himself , that I might prove to have chanced , and daily to happen to the verity of his blessed Word in all ages from the beginning . For as Christ himself in this their trouble , was judged and esteemed by his disciples at the first sight a spirit , or phantasticall body ; so is the Truth and sincere Preaching of his glorious Gospel , sent by God for mans comfort , deliverance from sin , and quietnesse of conscience , when it is first offered , and truely preached , it is ( I say ) no lesse but judged to be heresie and deceivable doctrine , sent by the devill to mans destruction . The cause hereof is the dark ignorance of God , which in every age since the beginning so overwhelmed the world , that sometimes Gods very Elect were in like blindenesse and errour with the reprobate : As Abraham was an Idolater ; Moses was instructed in all the wayes of the Egyptians ; Paul a proud Pharisee , conjured against Christ and his Doctrine : And many in this same our age , when the Truth of God was offered unto them , were sore afraid , and cryed against it , onely because the dark clouds of ignorance had troubled them before . But this matter I omit and let passe , till more opportunity . The chief Note that I would have you well observe and mark in this preposterous fear of the disciples , is this ; The more nigh deliverance and salvation approacheth , the more strong and vehement is the temptation of the Church of God. And the more nigh that Gods vengeance approacheth to the wicked , the more proud , cruell and arrogant are they . Whereby it commonly cometh to passe , That the very messengers of life are judged and deemed to be the authors of all mischief : And this in many histories is evident . When God had appointed to deliver the afflicted Israelites by the hand of Moses from the tyranny of the Egyptians , and Moses was sent to the presence of Pharaoh for the same purpose , such was their affliction and anguish by the cruelty which newly was exercised over them , that with open mouthes they cursed Moses ( and no doubt in their hearts they hated God who sent him ) alleadging , That Moses and Aaron was the whole cause of their last extreme trouble . The like is to be seen in the Book of the Kings , both under Elisha and Isaiah the Prophets : For in the dayes of Ioram , sonne of Achab , was Samaria besieged by the King of Syria : In which Samaria no doubt ( albeit the King and the most multitude were wicked ) there was yet some members of Gods Elect Church , which were brought to such extreme famine , that not onely things of small price were sold beyond all measure ; but also women against nature were compelled to eat their own children : In this same City Elisha the Prophet most commonly was most conversant and dwelt , by whose counsell and commandment , no doubt , the City was kept : For it appeareth , the King , to lay that to his charge , when he , hearing of the piteous complaint of the woman ( who for hunger had eaten her own son ) rent his clothes , with a solemne Oath and vow , That the head of Elisha should not stand upon his shoulders that day . If Elisha had not been of counsel , That the city should have been kept , Why should the King have more fumed against him , then against others ? But whether he was the author of the defending the City or not , all is one to my purpose ; for before the deliverance , was the Church in such extremity , that the chief Pastor of that time was sought to be killed by such as should have defended him . The like is read of Hezekiah , who defending his City Ierusalem , and resisting proud Sennacherib , no doubt obeying the counsell of Isaiah , at length was so oppressed with sorrow and shame , by the blasphemous words of Rabshakeh , that he had no other refuge , but in the Temple of the Lord ( as a man desperate and without comfort ) to open the disdainfull letters sent unto him by that hauty and proud tyrant . By these and many Histories mo , it is most evident , that the more nigh salvation and deliverance approacheth , the more vehement is the temptation and trouble . This I writ to admonish you , that albeit yet you shall see tribulation so abound , that nothing shall appear but extreme misery without all hope of comfort , that yet you decline not from God. And that albeit somtimes ye be moved to hate the messengers of life , that therefore ye shall not judge that God will never shew mercy after . No , deare Brethren , as he hath dealt with others before you , so will he deal with you . God will suffer tribulation and dolour abound , that no manner of comfort shall be seen in man , to the intent , that when deliverance commeth , the glory may be his , whose onely word may pacifie the tempest most vehement . He drowned Pharaoh and his Army . He scattered the great multitude of Benadad . And by his Angel killed the hoste of Sennacharib . And so delivered his afflicted when nothing appeared to them but utter destruction . So shall he do to you beloved Brethren , if patiently ye will abide his consolation and counsell . God open your eyes that ye may rightly understand the meaning of my writing . Amen . But yet peradventure you wonder not a little why God permitteth such blood thirsty tyrants to molest and grieve his chosen Church : I have recited some causes before , and yet more I could recite , but at this time I will hold me content with one . The justice of God is such , that he will not poure forth his extreme vengeance upon the wicked , unto such time as their iniquity be so manifest , that their very flatterers cannot excuse it . Pharaoh was not destroyed till his own houshold servants and subjects abhorred and condemned his stubborn disobedience . Iesabel and Athalia were not thrust from this life into death , till all Israel and Juda were witnesses of their cruelty and abominations . Iudas was not hanged till the Princes of the Priests bare witnesse of his Traiterous Act and iniquitie . To passe over the Tyrants of old time , whom God hath plagued , let us come to the Tyrants which now are within the Realm of England , whom God will not long spare ; If Steven Gardener , Cuthbert Tunstal , and Butcherly Bonnar , false Bishops of Winchester , Duresme , and of London , had for their false Doctrine and Traiterous acts suffered death , when they justly deserved the same , then would arrant Papists have alleadged ( as I and others have heard them do ) that they were men reformable , That they were meet Instruments for a Common-wealth ; That they were not so obstinate and malicious as they were judged , neither that they thirsted for the blood of any man : And of Lady Mary , who hath not heard , That she was not sober , mercifull , and one that loved the Common-wealth of England ? Had she ( I say ) and such as now be of her pestilent Councell , been dead before these dayes , then should not their iniquity and cruelty so manifestly have appeared to the world ; for who could have thought , that such cruelty could have entred into the heart of a woman ? and into the heart of her that is called a Virgine , that she would thirst for the blood of innocents , and of such as ( by just Laws and faithfull witnesses ) can never be proved to have offended by themselves . I finde , that Athalia ( through appetite to Reign ) murthered the Seed of the Kings of Iudah , and that Herodias daughter ( at the desire of a whorish Mother ) obtained the head of Iohn the Baptist ; but yet that ever a woman suffered her self to be called the most blessed Virgin , caused so much blood to be spilt for establishing of the usurped Authoritie of the Pope , I think the like is rare to be found in Scripture or other History . I finde that Iezabel ( that cursed Idolatresse ) caused the blood of the Prophets of God to be shed , and Naboth to be murthered unjustly for his own Vineyard ; but yet I think she never erected halfe so many Gallows in all Israel , as mischievous Mary hath done within London alone : But you Papists will excuse your Mary the Virgine : Well , let her be your Virgine , and a Goddesse meet to entertain such Idolaters , yet shall I rightly lay to her charge , that which I think no Papist within England will justifie nor defend : And therefore ( O ye Papists ) here I will a little turn my Pen unto you . Answer unto this Question , O ye Seed of the Serpent ; Would any of you have confessed two years ago , that Mary ( your mirrour ) had been false , dissembling , unconstant , proud , and a breaker of promises ( except such promises as she made to your god the Pope , to the great shame and dishonour of her noble Father ; ) I am sure you would hardly have thought it of her : And now doth she not manifestly shew her self to be an open Traitoresse to the Imperiall Crown of England , contrary to the just Laws of the Realme , to bring in a stranger , and make a proud Spanyard King , to the shame , dishonour and destruction of the Nobilitie ; to the spoile of their Honours , Lands , Possessions , chief Offices and promotions of them and theirs ; To the utter decay of the Treasures , Commodities , Navie and Fortifications of the Realm , to the abasing of the Yeomandry , to the slavery of the Commonalty , to the overthrow of Christianity and Gods true Religion , and finally to the utter subversion of the whole publike estate and Common-wealth of England ? Let Norfolk and Suffolke , let her own Promise and Proclamation , let her fathers Testament , let the Citie of London , let the ancient Laws and Acts of Parliaments before established in England , be judges betwixt mine accusation and her most tyrannous iniquity . First , her Promise and Proclamation did signifie and declare , That neither she would bring in , neither yet Marry any stranger ; Northfolk , Suffolk and the Citie of London do testifie and witnesse the same . The ancient Laws and Acts of Parliament pronounceth it Treason to transferre the Crown of England into the hands of a forraigne Nation ; and the Oath made to observe the said Statutes , cryeth out , That all they are perjured that consent to that her traiterous fact . Speak now ( O ye Papists ) and defend your monstrous Masters , and deny , if ye can for shame , that she hath not uttered her self to be borne ( alas therefore ) to the ruine and destruction of noble England ? Oh who would ever have beleeved ( I write now in bitternesse of heart ) that such unnaturall crueltie should have had dominion over any reasonable creature ? But the saying to be true , That the usurped Government of an affectionate woman is a rage without reason . Who would ever have thought , that the love of that Realme , which hath brought forth , which hath nourished and so nobly maintained that wicked woman , should not have moved her heart with pitie ? Who seeth not now , that she in all her doings declareth most manifestly , that under an English name she beareth a Spaniards heart ? If God ( I say ) had not for our scourge , suffered her and her cruell Councell to have come to Authority , then could never these their abominations , cruelty and treason against God , against his Saints , and against the Realm , whose liberties they are sworn to defend , so manifestly have been declared : And who ever could have beleeved , That proud Gardener , and treacherous Tunstall ( whom all Papists praised , for the love they bare to their Countrey ) could have become so manifestly Traiterous , not onely against their solemne Oathes , that they should never consent nor agree unto , that a forraigne Stranger should reigne over England ; but also that they would adjudge the Imperiall Crown of the same to appertain to a Spanyard by inheritance Lineall discent ? O Traiterous Traitours , how can you for shame shew your faces . It cometh to my minde , that upon Christmas day , Anno 1552. preaching , in New-Castle upon Tine , and speaking against the obstinacie of the Papists I made this affirmation , That whosoever in his heart was enemy to Christs Gospel and Doctrine , which then was preached within the Realm of England , was enemy also to God , and secret traitours to the Crown and Common-wealth of England ; for as they thirsted nothing more then the Kings death , which their iniquity could procure ; so they regarded not who should reign over them , so that their Idolatry might be erected again . How these my words at that time pleased men , the crimes and action intended against me did declare . But let my very enemies now say their conscience , if those may words have not proved true ? What is the cause that Winchester and the rest of his pestilent sect , so greedily would have a Spanyard to reign over England ? The cause is mafest ; for as that Hellish Nation surmounteth all other in pride and Whoredome , so for Idolatry and vaine Papisticall and devillish Ceremonies , they may rightly be called the very sons of superstition ; And therefore are they found and judged by the Progeny of Antichrist , most apt Instruments to maintain , establish and defend the Kingdom of that cruell Beast , whose head and wound is lately cured within England , which ( alas for pitie ) must now be brought into bondage and thraldome , that pestilent Papists may reigne without punishment . But , O thou Beast ! ( I speak to thee Winchester , more cruell then any Tygre ) Shall neither shame , nor fear , nor benefits received , bridle thy Tyrannous cruelty ? Art thou not ashamed ( thou bloody Beast ) to betray thy native Countrey , and the liberties of the same ? Fearest thou not to open such a door to all iniquitie , that whole England should be made a common Stewes to Spanyards ? Wilt thou recompence the benefits which thou hast received of that Noble Realm with that ingratitude ? Remembrest thou not that England hath brought thee forth ? that England nourished thee ? that England hath promoted thee to riches , honour and high dignitie ? And wilt thou now ( O wretched Captive ) for all these manifold benefits received , be the cause that England shall not be England ? Yea verily ; for so wilt thou gratifie thy Father the Devill , and his Lieutenant the Pope , whom with all his baggage , thou labourest now ( with tooth and naile ) to make florish again in England ; albeit like a dissembling Hypocrite , and double faced wretch , thou being thereto compelled by the invincible verity of Gods Holy Word , wrotest ( long ago ) thy book intituled True Obedience ; against that Monstrous Whore of Babylon , and her falsly usurped power and authority : but now ( to thy pepetuall shame ) thou returnest to thy Vomit , and art become an open Arch-Papist again . Furthermore , why seekedst thou the blood of Thomas Cranmer , of good father Hugh Latimer , and of that most learned and discreet man Doctor Ridley ? Doest thou not consider , that the lenitie , sincere Doctrine , pure life , godly conversation , and discreet counsell of these three is notably known in more Realms then England ? Art thou not ashamed to seek the destruction of those , who laboured for the safeguard of thy life , and obtained the same when thou justly deservedst death ? But , O thou sonne of Belial , well declarest thou , that nothing can mollifie the cruell malice , nor purge the deadly venome of him , in whose heart wickednesse beareth the dominion ; thou are like to Cain , and fellow to Iudas the Traitour , and therefore canst thou do nothing but thirst for the blood of Abel , and betray Christ Jesus and his eternall verity ? Thus ( dear brethren ) must the sons of the Devill declare their own impietie and ungodlinesse , that when Gods vengeance ( which shall not sleep ) shall be poured forth upon them , all Tongues shall confesse , acknowledge and say , That God is righteous in all his judgements : And to this end are cruell Tyrants permitted and suffered for a space and time , not onely to live in wealth and prosperity , but also to prevaile and obtain victory as touching the flesh , over the very Saints of God , and over such as enterpriseth to resist their fury at Gods commandment . But now to the subsequent , and that which followeth . The Instrument and means wherewith Christ Jesus used to remove and put away the horrible fear and anguish of his Disciples , is his onely word ; for so it is written , But by and by Iesus spake unto them , saying , Be of good comfort , it is I , be not afraid . The naturall man ( that cannot understand the power of God ) would have desired some other present comfort in so great a danger ; as , Either to have had the heavens to have opened , and to have shewed unto them such light in that darknesse , that Christ might have been fully known by his own face ; or else , That the Winds and raging Waves of the Seas suddenly should have ceased : or some other Miracle that had been subject to all their sences , whereby they might have perfectly known that they were delivered from all danger . And truely , equall it had been to Christ Jesus to have done any of these ( or any work greater ) as to have said , It is I , be not afraid : But willing to teach us the dignitie and effectuall power of his most Holy Word , he useth no other Instrument to pacifie the great and horrible fear of his Disciples , but the same his comfortable Word , and lively Voice ; and this is not done onely at one time , but whensoever his Church is in such straight perplexity , that nothing appeareth but extreme calamity , desolation and ruine ; then the first comfort that ever it receiveth , is by the meanes of his Word and Promise : As in the troubles and temptations of Abraham , Isaac , Iacob , Moses , David and Paul may appear . To Abraham was given no other defence , after that he had discomfited four Kings ( whose posterity and linage , no doubt , he , being a stranger , greatly feared ) but onely this promise of God made to him by his holy Word ; Feare not , Abraham , I am thy Buckler ; that is , Thy protection and defence . The same we finde of Isaac , who flying from the place of his accustomed habitation , compelled thereto by hunger , gat no other comfort nor conduct , but this promise onely , I will be with thee . In all the journeyes and temptations of Iacob , the same is to be espied ; As when he fled from his fathers house , for fear of his brother Esau , when he returned from Laban ; And when he feared the inhabitants of the Region of the Canaanites and Peresites , for the slaughter of the Sichemites committed by his sons ; he receiveth none other defence , but onely Gods Word and Promise . And this in Moses , and in the afflicted Church under him , is most evident : For when Moses himself was in such despair , that he was bold to chide with God , saying , Why hast thou sent me ? for since that time I have come to Pharaoh , to speak in thy Name , he hath oppressed this people : Neither yet hast thou delivered thy people . This same expostulation of Moses , declareth how sore he was tempted ; yea , and what opinion he had conceived of God , that is , That God was either impotent , and could not deliver his people from such a tyrants hands ; or else , That he was mutable , and unjust of his promises . And this same , and sorer temptations , assaulted the people ; For in anguish of heart , they both refused God and Moses ( as we before have partly touched . ) And what meanes used God to comfort them in that great extremity ? Did he straightway suddenly kill Pharaoh , the great Tyrant ? No. Did he send them a legion of Angels to defend and deliver them ? No such thing : But he onely reciteth and beateth into their ears his former promises to them , which oftentimes they had before ; And yet the rehearsall of the same wrought so mightily in the heart of Moses , that not onely was bitternesse and despair removed away , but also he was enflamed with such boldnesse , that without fear he went again to the presence of the King , after he had been threatned and repulsed by him . This I write , beloved in the Lord , that ye knowing the Word of God not onely to be that , whereby were created heaven and earth , but also to be the power of God to salvation , to all that believe ; the bright lantern to the feet of those that by nature walk in darknesse ; the life to those that by sinne are dead ; a comfort to such as be in tribulation ; the tower of defence to such as be most feeble ; the wisedom and great felicity of such as delighteth in the same ; and to be short , You know Gods Word to be of such efficacy and strength , that thereby is sin purged , death vanquished , tyrants suppressed , and finally , the devill the author of all mischief , overthrown and confounded . This ( I say ) I write , that ye , knowing this of the holy Word , and most blessed Gospel and voyce of God ( which once you have heard , I trust , to your comfort ) may now in this hour of darknesse , and most raging tempest , thirst and pray , That ye may hear yet once again this amiable voyce of your Saviour Christ , Be of good comfort , it is I , fear not . And also that ye may receive some consolation by that blessed Gospel which before you have professed , assuredly knowing , That God shall be no lesse mercifull unto you , then he hath been to other afflicted for his Names sake before you . And albeit that God speedily removeth not this horrible darknesse , neither suddenly pacifieth this tempest , yet shall he not suffer his tossed Ship to be drowned . Remember , brethren , That Gods vengeance plagued not Pharaoh the first yeer of his tyranny ; Neither did the dogges devour and consume both the flesh and bones of wicked Iezabel , when she first erected and set up her Idolatry : And yet , as none of them escaped due punishment , so did God preserve his afflicted Church , in despight of Sathan , and of his blinde and most wretched servants ; as he shall not fail to do in this great tempest and darknesse within the Realme of England . And therefore yet again , beloved in the Lord , let the comfort of Gods promises somewhat quicken your dulled spirits ; exercise your selves now secretly , in revolving that which sometimes you have heard openly proclaimed in your ears ; and be every man now a faithfull Preacher unto his brother : If your communication be of Christ , assuredly he will come before you be aware : His Word is like unto sweet smelling Oyntment , or fragrant flowers , which never can be moved nor handled , but forth goeth the odour , to the comfort of those that stand by ; which is nothing so delectable , if the Oyntment remain within the Box , and the flowers stand or lie without touching or motion . Mark well dear brethren , before that Christ spake , his disciples judged him to have been some wicked spirit , which was to them no delectable savour ; But when he speaketh , the sweet sound of his voyce pierceth their hearts ; For what comfort was in the hearts of the disciples , when they heard these words , Be of good comfort , it is I ? that is , Judge not that I am a spirit come to your destruction ; no , even I am come for your deliverance : It is I , your Master ; yea , your Master most familiar : It is I , whose Voyce and Doctrine you know , for ye are my sheep : It is I , whose works you have seen , although perfectly ye considered not the same : It is I , who commanded you to enter into this journey , and therefore am I come to you now in the hour of your trouble ; and therefore , be not afraid , this storm shall cease , and you shall be delivered . What comfort , I say , dear brethren , was in the hearts of the disciples , hearing Christs voyce , and knowing him by the same , can neither the tongue or pen of man expresse , but onely such , as after long conflict and strife ( which is betwixt the Flesh and the Spirit , in the time of extreme troubles , when Christ appeareth to be absent ) feeleth at last the consolation of the holy Ghost , witnesse and declare . And Peter giveth some externall signe , what Christs words wrought inwardly in his heart : For immediately after he heard his Masters voice , he saith , Lord , if it be thou , command me to come unto thee upon the waters . Here it may be seen what Christs voyce had wrought in Peters heart ; truely not onely a forgetting and contempt of the great tempest , but also such boldnesse and love , that he could fear no danger following , but assuredly did believe , That his Master Christs puissance , power , and might was such , that nothing might resist his Word and Commandment , and therefore he saith , Command me to come : As though he should say , I desire no more but the assurance of thy Commandment : If thou wilt command , I am determined to obey ; For assuredly I know , That the waters cannot prevail against me , if thou speake the word : So that whatsoever is possible unto thee , by thy Will and Word may be possible unto me . Thus Christ , to instruct Peter further , and us by his example , condescended to his Petition , and commanded him to come ; and Peter quickly leaving the Ship , came down from it , and walked upon the waters , to come to Christ. Thus far of Peters fact , in which lieth great abundance of Doctrine ; but I will passe over all that especially appertaineth not to the quality of this time within the Realm of England . Before it is said ( welbeloved Brethren ) That sometimes the messengers of life are judged to be the very messengers of death ; and that not onely with the reprobate , but also with Gods elect ; as was Moses with the Israelites ; Ieremiah with the City of Ierusalem , and Christ himself with his Apostles : But that is not a sin permanent , and that abideth for ever with Gods elect , but it vanisheth away in such sort , that not onely they know the voyce of their Pastor , but also they earnestly study to obey and follow it , with the danger of their own lives : For this is the speciall difference betwixt the children of God , and the reprobate : The one obeyeth God speaking by his Messengers , whom they embrace with unfained love : and that they do , sometimes not onely against all worldly appearance , but also against Civill Statutes and Ordinances of men : And therefore in their greatest extremity receive they comfort beyond expectation . The other alwayes resisteth Gods Messengers , and hateth his Word : And therefore in their great adversity God either taketh from them the presence of his Word , or else they fall into so deadly despair , that although Gods Messengers be sent unto them , yet neither can they receive comfort by Gods promises , neither follow the counsell of Gods true Messengers , be it never so perfect and fruitfull . Hereof have we many evident Testimonies within the Scriptures of God. Of Saul it is plain , That God so left him , that neither would he give him answer by Prophet , Dream , nor Vision . To Ahaz King of Iudah , in his great anguish and fear which he had conceived by the multitude of those that were conjured against him , was sent Isaiah the Prophet , to assure him by Gods promise , That his enemies should not prevail against him : and to confirm him in the same , the Prophet required him to desire a signe of God , either from the heaven , or beneath in the deep : But such was the deadly despair of him , that alwayes had despised Gods Prophets , and had most abominably defiled himself with Idolatry , that no consolation could enter into his heart , but desperately , and with a dissembling and fained excuse , he refused all the offers of God. And albeit God kept touch with that hypocrite for that time ( which was not done for his cause , but for the safety of his afflicted Church ) yet after escaped he not the vengeance of God. The like we reade of Zedekiah the wretched and last King of Iudah , before the destruction of the City of Ierusalem , who in his great fear , and extreme anguish , sent for Ieremiah the Prophet , and secretly demanded of him , How he might escape the great danger that appeared , when the Caldeans besieged the City . And the Prophet boldly spake and commanded the King , if he would save his life and the City , to render and give up himself into the hands of the King of Babylon . But the miserable King had no grace to follow the Prophets counsell , because he never delighted in the said Prophets Doctrine , neither yet had shewed unto him any friendly favour ; But even as the enemies of God , the chiefe Priests and false Prophets required of the King , so was the good Prophet evilly used ; sometimes cast into prison , and sometimes judged and condemned to die . The most evident testimony of the wilfull blinding of wicked Idolaters , is written and recited in the same Prophet Ieremiah , as followeth . After that the City of Ierusalem was burnt and destroyed , the King led away prisoner , his sons and chief Nobles slain , and the whole vengeance of God poured out upon the disobedient ; yet there was left a remnant in the Land , to make use of and possesse the same , who called upon the Prophet Ieremiah , to know concerning them the will and pleasure of God , Whether they should remain still in the Land of Iudea , as was appointed and permitted by the Caldeans , Or if they should depart and flie into Egypt : To certifie them of this their duty , they desire the Prophet to pray unto God for them : Who condescending and granting their Petition , promised to keep back nothing from them , which the Lord God should open unto him . And they in like manner taking God to record and witnesse , made a solemn Vow , To obey whatsoever the Lord should answer unto him . But when the Prophet , by the inspiration of the Spirit of God , and assured revelation and knowledge of his Will , commanded them to remain still in the Land that they were in , promising them , if they so would do , That God would there plant them ; and that he would repent of all the plagues that he had brought upon them ; and that he would be with them , to deliver them from the hands of the King of Babylon . But contrariwise , if they would not obey the voyce of the Lord , but would against his Commandment go to Egypt , thinking that there they should live in rest and aboundance , without any fear of Warre , and penury of victuall , then the very plagues which they feared , should come upon them , and take them : For ( saith the Prophet ) it shall come to passe , That all men that obstinately will go to Egypt , there to remain , shall die , either by sword , by hunger or pestilence : But when the Prophet of God had declared unto them this plain sentence and will of God , I pray you , what was their answer ? The text declared it , saying , Thou speakest a lie , neither hath the Lord our God sent thee unto us , commanding that we should not go into Egppt , but Baruch the sonne of Neriah provoketh thee against us , that he may give us into the power of the Caldees , that they might kill us , and lead us prisoners into Babylon : And thus they refused the counsell of God , and followed their owne fantasies . Here may be espied in this people great obstinacie and blindnesse ; for nothing which the Lord had before spoken by this Prophet Ieremy , had fallen in vain ; Their own eyes had seen the plagues and miseries which hee had threatned , take effect in every point , as he had spoken before ; yea , they were yet green and fresh both in minde and presence ( for the flame and fire wherewith Ierusalem was consumed and burnt , was then scantly quenched ) and yet could they not beleeve his threatnings then spoken , neither yet could they follow his fruitfull counsell , given for their great wealth and safeguard . And why so ? Because they never delighted in Gods Truth , neither had they repented their former Idolatry , but still continued and rejoyced in the same , as manifestly appeareth in the four and fortieth Chapter of the same Prophet ; and therefore would they and their wives have been in Egypt , where all kinde of Idolatry and Superstition abounded , that they ( without reproach or rebuke ) might have their Bellyes full thereof in despight of Gods holy Lawes and Prophets . In writing hereof it came to my minde , that after the death of that innocent and most godly King Edward the sixt , while that great tumult was in England , for the establishing of that most unhappy and wicked womans Authority ( I mean of Mary that now reigneth in Gods wrath ) entreating the same argument in a Town in Buckingam Shire , named Hammersham , before a great congregation , with sorrowfull heart and weeping eyes , I fell into this exclamation ; O England , now is Gods wrath kindled against thee , now hath he begun to punish , as he hath threatned a long while , by his true Prophets and Messengers ; he hath taken from thee the Crown of thy glory , and hath left thee without honour , as a body without a head : And this appeareth to be onely the beginning of sorrows , which appeareth to increase ; for I perceive that the heart , the tongue and hand of one English man is bent against another , and devision to be in the whole Realm , which is an assured signe of desolation to come . O England , England , doest thou not consider , that the Common-wealth is like a Ship sailing on the Sea , if thy Marriners and Governours shall one consume another , shalt thou not suffer shipwrack in short processe of time ? O England , England , ( alasse ) these plagues are powred upon thee , for that thou wouldest not know the most happy time of thy gentle Visitation : But wilt thou yet obey the voyce of thy God , and submit thy self to his holy words ? Truly , if thou wilt thou shalt finde mercie in his sight , and the estate of thy Common-wealth shall be preserved . But , O England , England , if thou obstinately wilt return into Egypt , that is , If thou contract Mariage , Confederacie , or League with such Princes , as do maintain and advance Idolatry ( such as the Emperour , who is no lesse enemy unto Christ then ever was Nero ; ) if for the pleasure and friendship ( I say ) of such Princes thou returnest to thine old abominations , before used under the Papistrie , then assuredly ( O England ) thou shalt be plagued and brought to desolation by the means of those whose favours thou seekest , and by whom thou art procured to fall from Christ , and to serve Antichrist . This and much more in the dolour of my heart , that day , in the audience of such as yet may bear record , ( through Gods permission ) I then pronounced : The thing that I then most feared , and which also my Tongue spake ( that is , The subversion of the true Religion , and bringing in of Strangers to reign over that Realm ) this day I see come to passe in mens councels and determinations ; which if they proceed and take effect , as by men it is concluded , then so assuredly as my God liveth , and as those Israelites that obstinately returned into Egypt againe , were plagued to the death ; so shall England taste what the Lord hath threatned by his Prophets before . God grant us true and unfained repentance of our former offences . God for his great mercies sake stirre up some Phinies , Elias , or Iehu , that the blood of abominable Idolaters may pacifie Gods wrath , that it consume not the whole multitude . Amen . But to returne to our matter ; of the premisses it is plain , That such as contemne Gods eternall verity and grace , can neither in their troubles receive comfort by Gods Messengers , neither yet can they follow the counsell of God , be it never so profitable , but God giveth them over , and suffereth them to wander in their owne vanities , to their owne perdition ; whereas contrarywise , such as beareth a reverence to Gods most Holy Word , are drawn by the power and vertue of the same ( as before is said ) to beleeve , follow and obey that which God commandeth , be it never so hard , so unapparent or contrary to their affections : And therefore as God alwayes keepeth appointment with them , so are they wonderously preserved , when Gods vengeances are powred forth upon the disobedient . And this is most evident in Abraham , at Gods commandment , leaving his Countrey , and going forth he knew not whither ; which was a thing not so easie to be done , as it is to be spoken or read . It appeareth also in Abraham , beleeving Gods promises , against all appearance , and also in offering his son Isaac , against all fatherly love and naturall affection . The same is said , in Moses , Samuel , Hezekiah , Michaiah , and other of the Prophets , which at the commandment of Gods Word , boldly passed to the presence of Tyrants , and there to them did their message , as charge was given unto them . But lest that some should alledge , that these examples appertaineth nothing to a multitude , because they were done in singular men , I answer , We will consider what the power of Gods Word hath wrought in many at one instance . After that the Israelites had made the golden Calfe , and so fallen to Idolatry ; Moses coming down from the mountain , and beholding their abominations ( the honour that they gave to an Idol ) and the people spoiled of their ear-rings and jewels , to their great rebuke and shame , was enflamed with such zeal , indignation and wrath , that first , he brake the Tables of the Commandments ; then he beat their Calfe to powder , and gave it to them to drink , to cause them to understand , That their filthy guts should receive that which they worshipped for God : And finally , he commanded that every man that was of God should approach and come nigh unto him : And the sons of Levi ( saith the Text ) came to him ; to whom he said , Thus saith the Lord God of Israel ; Let every man put his sword upon his thigh , and go in and out from Port to Port in the Tents ; and let every man kill his brother , his neighbour , and every man his nigh kinsman : And the sons of Levi did according to the word of Moses : And there fell the same day of the people nigh three thousand . It is evident by this history , That the power of Gods Word , pronounced by the mouth of a man , prevailed at one time in a great number against nature , and compelled them to be executers of Gods vengeance , regarding nothing the affinity nor nighnesse of blood : And also that their doing so well pleased Moses the Ambassadour of God , that he said unto them , Consecrate your hands this day every man in his own son , and in his own brother , that a fortunate benediction may be given to you this day . As though he should say ; Your father Levi prophaned and defiled his hands , killing the Sichemites in his blinde rage , which moved his father Iacob in his last Testament , to condemne , execrate and curse that his most vehement and ungodly zeale : But because in this work you have preferred Gods Commandment before blood , nature and also affection , in place of that rebuke and curse , you have obtained blessing and praise . The like puissance and vertue of Gods Word working in a multitude , is to be read in the Prophet Ieremiah ; who perceiving the time of Gods vengeance to draw nigh , and the City of Ierusalem to be besieged , boldly cryeth out in his open Sermon , saying , He that remaineth in this Citie shall die , either by sword , by hunger , or by pestilence . But he that shall go forth to the Caldeans , shall live , and shall finde his soul for a prey . This might have appeared a deceivable , seditious and ungodly Sermon , to command subjects to depart from the obedience and defence of their native Prince , rich Citizens and valiant souldiers from their possessions and strong Holds , and to will them to render themselves , without all manner of resistance , into the hands of strangers , being their enemies . What carnall man would not have judged the perswasions of the Prophet most foolish and false ? And yet in the hearts of such as God had elected and appointed to life , so effectually wrought this Sermon , that a great number of Ierusalem left their King , their City , riches and friends , and obeyed the Prophets counsell : for so may be espied by the answer of Zedechias the King , when Ieremiah counselled him , That he should render himself into the hands of Nebuchadonoser , he saith , I fear these Iews , that are fled to the Caldeans , lest perchance they give me into their hands . Hereof it is plain , That many were departed from him , whom he feared more then he did his enemies . Many more testimonies might be brought , to declare how mightily Gods Word , spoken by man , hath wrought in the hearts of great multitudes : As in the hearts of the Ninevites , who at Ionahs Preaching condemned their former Religion , conversation and life : And in the hearts of those three thousand who at Peters first Sermon openly made after Christs Ascension , acknowledged their offences , repented , and were soon after baptized . But these premises are sufficient to prove , as well that Gods Word draweth his Elect after it , against worldly appearance , against naturall affections , and against evil Statutes and Constitutions ; as also , That such as obey Gods speaking by his Ministers , never lacketh just reward , and recompence : For onely such as obeyed the voyce of the Prophet , found favour and grace , to the praise and glory of Gods Name , when his just judgements took vengeance upon the disobedient . But now briefly by Notes we will touch the rest of Peters act , and Christs mercifull deliverance of him ; which is the end of all troubles sustained by Gods Elect. And first , That Peter seeing a mighty winde , was afraid , and so , when he began to sink , he cryed , Lord save me , are three things principally to be noted : The first , From whence cometh the fear of Gods Elect. The second , What is the cause that they faint and fall in adversity . The third , What resteth with them in the time of this fear and down-sinking . And first , it is plain , That so long as Peter had his eyes fixed upon Christ , and attended upon no other thing but the voyce of Christ , he was bold and without fear : But when he saw a mighty winde ( not that the winde was visible , but the vehement storm and waves of the Sea that were stirred up and carried by the winde were seen ) then began he to fear , and to reason ( no doubt ) in his heart , that better it had been for him to have remained in his Ship ; for so might Christ have come to him : But now the storm and rage of winde was so vehement , that he could never come to Christ , and so he greatly feared . Whereof it is plain , That the onely cause of our fear that have left our Ship , and thorow the storms of the Sea would go to Christ with Peter , is , That we more consider the dangers and letts that are in our journey , then we do the Almighty power of him that hath commanded us to come to himself . And this is a sinne common to all the elect and chosen children of God , That whensoever they see a vehement trouble appearing to lett them , and drive them back from the obedience of God , then begin they to fear and to doubt of Gods power and good will. With this fear was Abraham stricken , when he denied his wife . This storme saw Moses , when he refused to be Gods Messenger . And Hezekiahs sore complaint declareth , That more he believed , considered , and looked upon the proud voyces , and great power of Sennacherib , then he did the promises of the Prophet . This I note for this purpose , That albeit this late and most raging storm within the Realme of England have taken from you the presence of Christ for a time , so that you have doubted whether it was Christ which you saw before , or not . And albeit that the vehemency of this contrary winde that would drive you from Christ have so employed your ears , that almost you have forgotten what he was who commanded you to come to himself , when that he cryed , Come unto me all ye that labour and are burthened , and I shall refresh you . Passe from Babylon , O my people , &c. Albeit ( I say ) that this raging tempest have stricken such fear in your heart , that almost all is forgotten ; yet ( dear brethren ) despair not , such offences have chanced to Gods Elect before you . If obstinately ye shall not continue , yet shall you finde mercy and grace . It had been your duty indeed , and agreeable to your profession , to have looked to Christ alone , and to have contemned all impediments ; but such perfection is not alway with man , but happy is he that feeleth himself to sink . The cause that Godt elect begin to faint and to sink down in the time of great adversitie , is fear and unbelief , as in Peter doth appear ; for so long as he neither feared danger , neither mistrusted Christs word , so long as the waves ( above , and contrary to their nature ) did obey and serve his feet , as they had been the drie , solid and sure ground : But so soon as he began to despair and fear , so soon began he to sink : To instruct us , That lively faith maketh man bold , and is able to carry us thorow such perils , as be uncapable to nature ; But when faith beginneth to faint , then beginneth man to sink down in every danger ; as in the Histories before rehearsed , it may appear , and in the Prophets it is plain ; for Elias at Gods Commandment passing to the presence of King Ahab , in the fervency of his faith , obtained the fire to come from heaven , and to consume his Sacrifice : by which also he was made so bold , that in the presence of the King he feared nothing to kill his false Prophets . But the same Elias hearing of the managing and threatnings of cursed Iezabel , and considering that the wrath of a wicked woman could by no reasonable means be appeased , he saw a storme , and feared the same , and so he prepared to flie ; which he doth not without some sinking down , for he began to reason and dispute with God , which never can be done by the Creature , without foolishnesse and offence . The same we finde in Ieremy , and many more . But the Question may be asked , Seeing Christ knew before what should happen to Peter , why did he not hinder him from coming from his Boat ? or else , Why did he not so confirm him in faith , that he should not have doubted ? To the which may be answered ; Albeit that we could render no reason of this work of Christ , yet were the work it self a sufficient reason ; and it were enough to answer , That so it pleased him , who is not bound to render a reason of all his works : But yet if we shall marke with deligence to what Office Peter was to be called , and what offences long rested with him , we shall finde most just and necessary causes of this work of Christ , and down sinking of Peter . It is plain that Peter had many notable vertues , as a zeal and fervency towards Christs glory , and a readinesse and forwardnesse to obey his commandments ; but it is like plain , That of long continuance there rested with Peter a desire of honor and worldly rest ( and that moved him to perswade Christ that he should not die . ) There rested with him pride , presumption , and a trust in himself ; which presumption and vain trust in his own strength , unlesse it had been corrected , he had never been fit to have fed Christs flock : And such sinnes can never be fully corrected or reformed , till they be felt , known , and confessed . Doubtlesse so arrogant is our nature , that neither will it know nor confesse the infirmitie of it self , untill such time as it hath a triall by manifest experience ; This is most plain by Peter , long after this tempest ; for when Christ said to his Disciples , This night shall ye all be slandered in me , Peter boldly bragged and said , Albeit that all should be slandered , and should flie from thee , yet shall not I be slandered , but I am ready to go to prison , and to die with thee . This was a bold presumption , and an arrogant promise spoken in contempt of all his Brethren , from which he could not be reduced by Christs admonition , but the more that Christ shewed him , that he should deny him , the more bold was he to affirm the contrary ; as though his Master Christ ( the Author of all Trueth , yea rather trueth it self ) should make a loud lie ; and therefore of necessitie it was , that he should prove in experience what was the frailtie of mans nature , and what was the imbecillity and weaknesse of faith , even in those , that were his chief Apostles , which had continually heard his heavenly Doctrine , seen daily his wonderfull Miracles , which had heard themselves so many admonitions of him , which also had followed and obeyed him in many things . That imbecillitie and weaknesse of faith , if Peter had not proved and felt it in himself , neither could he rightly have praised Gods infinite goodnesse , and imbraced his free mercy ; neither had he been apt and meet to have been a a Pastor to the weak sheep and tender lambs of Christ , but he should have been as proud a contemner and dispiser of his weak brethren , as the arrogant Papists , that contemn and dispise all godly and great learned men , though they be a thousand parts more excellent then they . But to correct and informe both presumptuous arrogancy and fraile imbecilitie and weaknesse of faith , Peter was permitted once to sink , and thrice most shamefully to refuse and deny his Master , to the intent that by the knowledge of his own weaknesse , he might be the more able to instruct others of the same ; and also that he might more largely magnifie Gods free grace and mighty deliverance : And that Christ taught him before his falling ; saying , When thou art converted , strengthen thy brethren : As though Christ should have said , Peter , yet art thou too proud to be a Pastor , thou canst not stoop nor bow thy back down to take up the weak sheep , thou doest not yet know thine own infirmitie and weaknesse , and therefore canst thou do nothing but despise the weak ones ; but when thou shalt be instructed by experience of thine own self , what hid iniquitie lurketh within the nature of man , then shalt thou learn to be humble , and stoop among other sinners ; and also shalt be an example to others which after shall offend , as thou didst , so that if they repent as thou didst , they need not despaire of mercy , but may trust most assuredly of Christ to obtain grace , mercy and forgivenesse of sins , as thou didst . This fruit have we to gather ( dear Brethren ) of Peters down-sinking in the sea , ( which was a secret knowledge and privie admonition , that he after should deny Christ ) that we are assured by the voice of Christ , if in the time of trouble and extreme danger we crie with Peter , we shall be delivered as he was ; and if we mourn for our deniall of Christ , as hee did , we shall finde the same grace and favour at Christs hand , that hee found . But now let us touch the third Note , which is this , That with Gods Elect in their greatest feare and danger there resteth some small sparke of faith , which by one means or other declareth it selfe , albeit the afflicted person in feare or danger , doth not presently perceive the same . As herein Peter is most cleare and manifest . For , perceiving himself to sink down , he cryed , saying , Lord save me , which words were a declaration of a lively and quick faith , which lay hid within his afflicted and sore perplexed heart , whose nature is ( I mean of faith ) to hope against hope , that is : against all appearance or likelihood to looke for help and deliverance , as the words of Peter witnesseth that he did . He saw nothing but the raging Sea ready to swallow him up . He felt nothing but himself sinking down in body , and sore troubled in heart , and yet he cryed : Lord save me . Which words first delare , that he knew the power of Christ able to deliver him . For foolishnesse it had been to have called for the help of him whom he had known to be impotent and unable to help . The calling for Christs help by prayer in this extream danger declared also that Peter had some hope through his gracious goodnesse to obtain deliverance . For in extream perils impossible it is , that the heart of man can cry for Gods help without some hope of his mercy . It is also to be noted , that in his great jeopardy Peter murmureth not against Christ. Neither doth he impute or lay any crime or blame upon Christ , albeit , at his commandment he had left his Bote. He saith not : Why lettest thou me sinke , seeing that I have obeyed thy Commandment . Moreover , Peter asked help at Christ alone , of whom he was perswaded both could and would help at a pinch . He cryed not upon Abraham , Iacob , Moses , Samuel , David ; Neither upon any other of the Patriarks , Prophets , or Saints departed : neither yet upon his own fellows in the Bote , but upon Christ , at whose commandment he had left the Bote. All these things together considered , declare , that Peter in this his extreame fear and danger had yet some sparke of faith ( albeit in that present jeopardy he had neither consolation nor comfort . ) For these premisses are undoubted tokens that he had faith . But now to the end , which is this . And immediately Iesus stretched forth his hand , and caught him , and said unto him : O thou of little faith , wherefore diddest thou doubt . And when they were come into the ship , the winde ceased ; And they that were in the ship came and worshipped him , saying , Of a truth thou art the Sonne of God : And immediatly the ship was at the Land whither they went. Hereof first is to be Noted , That God is alway nigh to those that call upon him faithfully ; and so willing is he to deliver them , that neither can fear nor extreme danger hinder his godly hand . Peter was sinking downe , and looked for no other thing but present death , and yet the hand of Christ prevented him . That that was visibly and openly done to Peter in that his great perill , is invisibly and secretly done to Christs holy Church , and to the chosen Members of Christs mysticall Bodie in all ages . How nigh and ready was the Hand of God to deliver his people Israel , when they were almost overwhelmed with despair in the dayes of Moses and Hester , the History doth witnesse : How nigh was God to Daniel amongst the Lyons , To Ionas in the Whales Belly , to Peter in the prison , is likewise most evidently declared in the holy Scriptures . How suddenly and beyond all expectation was David many times delivered from Sauls tyrany , his own heart confessed , and compelled his pen to write , and tongue to sing , saying , He sent from above , and hath delivered me , he hath drawn me forth of many waters . Open your ears ( dear brethren ) and let your hearts understand , That as our God is unchangeable , so is not his gracious hand shortned this day . Our fear and trouble is great , the storm that bloweth against us is sore and vehement , and we appear to be drowned in the deep : but if we unfainedly know the danger , and will call for deliverance , the Lords hand is nigher then the sword of our enemies . The sharp rebuke that Christ Jesus gave to Peter , teacheth us , That God doth not flatter nor conceal the faults of his Elect , but maketh them manifest , to the end that the Offendors may repent , and that others may avoid the like offences . That Christ called Peter of little faith , argueth and declareth ( as we before have noted ) That Peter was not altogether faithlesse , but that hee fainted , or was uncertain in his faith , for so soundeth the Greek terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , whereof we ought to be admonished , That in passing to Christ thorow the storms of this world , is not onely required a fervent faith in the beginning , but also a constancy to the end ; as Christ saith , He that continueth to the end , shall be saved ; and Saint Paul , Unlesse a man shall strive lawfully , he shall not be crowned . The remembrance of this ought to put us in minde , That the most fervent man , and such as have long continued in profession of Christ , is not yet sure to stand at all hours , but that he is subject to many dangers , and that he ought to fear his own frailty , as the Apostle teacheth us , saying , Let him that standeth take heed lest he fall ; for if Peter that began so fervently , yet fainted ere he came to Christ , what ought we to fear , in whom such fervency was never found ? No doubt we ought to tremble and fear the worst ; and by the knowledge of our own weaknesse , with the Apostles , incessantly to pray , O Lord increase our faith . Christs demand and question , asking Peter , Why doubtest thou ? containeth in it self a vehemency ; as if he should have said , Whether doubtest thou of my power , or of my promises , or of my good will ? If my power had not been sufficient to have saved thee , then could I neither have come to thee thorow the stormy Sea , neither have made the waters obey thee , when thou beganst to come to me ; and if my good will had not been to have delivered thee , and thy Brethren , then had I not appeared unto you , neither had I called upon thee , but had permitted the Tempest to devour and swallow you up : but considering that your eye saw me present , your ears heard my voice , and thou Peter especially knewest the same , and obeyedst my commandment , why then doubtest thou ? Beloved brethren , If this same demand and question were laid to our charge , we should have lesse pretence of excuse then had Peter ; for he might have alleadged , That he was not advertised that any great Storme should have risen betwixt him and Christ , which justly we cannot alleadge ; for since that time that Christ hath appeared unto us by the brightnes of his Word , and called upon us by his lively voyce , he hath continually blown in our ears , That persecution and trouble should follow the Word that we professed , which dayes are now present . Alas then , why doubt we thorow this storme to go to Christ ? Support , O Lord , and let us sink no further . Albeit that Peter fainted in faith , and therefore was worthy most sharply to be rebuked , yet doth not Christ leave him in the Sea , neither long permitted he that fear and tempest to continue , but first they entred both into the Ship , and thereafter the winde ceased ; and last , their Ship arrived without longer delay , at the place for which they long had laboured . O blessed and happy are those that patiently abides this deliverance of the Lord ; The raging Sea shall not devour them : Albeit they have fainted , yet shall not Christ Jesus leave them behinde in the stormy Sea , but suddenly he shall stretch forth his mighty hand , and shall place them in the Ship amongst their brethren ; that is , He shall conduct them to the number of his elect and afflicted Church , with whom he will continue to the end of the world . The Majestie of his presence shall put to silence this boysterous winde , the malice and envy of the devill which so bloweth in the hearts of Princes , Prelates , Kings , and of earthly men , that altogether they are conjured against the Lord , and against his Anoyned Christ ; in despight of whom , he safely shall conduct , convey , and carry his sore troubled Flock to the life and rest for which they travell . Albeit ( I say ) that sometimes they have fainted in their journey , albeit that weaknesse in faith permitted them to sink , yet from the hand of Christ can they not be rent ; he may not suffer them to drown , nor the deep to devour them : But for the glory of his own Name he must deliver , for they are committed to his charge , protection , and keeping ; and therefore must he keep and defend such as he hath received at his father , from sin , from death , from devil and hell . The remembrance of these promises is to mine own heart such occasion of comfort , as neither can any tongue nor pen expresse , but yet peradventure some there is of Gods elect that cannot be comforted in this tempest , by any meditations of Gods election or defence , but rather beholding such as sometimes boldly have professed Christs Verity , now to be returned to their accustomed abominations ; And also themselves to be overcome with fear , that against their knowledge and conscience they stoup to an Idol , and with their presence maintaineth the same ; and being at this point , they begin to reason , Whether it be possible that the members of Christs body may be permitted so horribly to fall to the denyall of their Head ; and in the same to remain of long continuance : And from this reasoning they enter in dolour , and from dolour , they begin to sink to the gates of hell ; and Ports of despair . The dolour and fear of such I grant to be most just : For oh how fearfull is it , for the love of this transitory life , in the presence of man to deny Christ Jesus , and his known and undoubted Verity ? But yet to such as be not obstinate contemners of God , and of all godlinesse , I would give this my weak counsell , That rather they should appeal to mercy , then by the severe judgements of God to pronounce against themselves the fearfull sentence of condemnation ; and to consider that God includeth all under unbelief , that he may have mercy upon all : That the Lord filleth and giveth life ; he leadeth down to hell , and yet lifteth up again . But I will not that any man think , That by this my counsell I either justifie such as horribly are returned back to their vomit ; either yet that I flatter such as maintaineth that abominable Idoll with their dayly presence ; God forbid ; For then were I but a blinde guide leading the blinde headlong to perdition : Onely God knoweth the dolour and sobs of my heart , for such as I hear dayly do turn back : But the cause of my counsell is , That I know the conscience of some to be so tender , that whensoever they feel themselves troubled with fear , wounded with anguish , or to have sliden back in any point , that then they judge their faith to be quenched , and themselves to be unworthy of Gods mercies for ever ; to such direct I my counsell ; to those , I mean , that rather offends by weaknesse and infirmity , then of malice and set purpose . And I would that such should understand and consider , that all Christs Apostles fled from him , and denyed him in their hearts : And also I would they should consider , That no man from the beginning stood in greater feare , greater danger , nor greater doubt , then Peter did , when Christs presence was taken from him ; yea , no man felt lesse comfort , nor saw lesse appearance of deliverance ; and yet neither were the disciples rejected for ever , neither was Peter permitted to drown in that deep . But some shall object , Faith was not utterly quenched in them , and therefore they got deliverance , and were restored to comfort . Answ. That is it which I would that the afflicted and troubled consciences in this age should consider , That neither fear , neither danger , neither yet doubting nor backsliding , can utterly destroy and quench the faith of Gods elect , but that alwayes there remaineth with them some root and spark of faith , howbeit in their anguish , they neither feel nor can discern the same . Yet some shall demand , How shall it be known in whom the spark and root of faith remaineth , and in whom not , seeing that all fleeth from Christ , and boweth down to Idolatry ? Hard it is , and in a manner impossible , that one man shall wittingly judge of another ( for that could not Elijah do of the Israelites of his dayes ) but every man may easily judge of himself : For the root of faith is of that nature , that long it will not be idle , but of necessity , by processe of time , it will send forth some branches that may be seen and felt by the outward man , if it ramain lively in the heart ; as you heard it did in Peter , compelling him to cry upon Christ , when that he was in greatest necessity . Wilt thou have a triall whether the root of faith remaineth with thee or not ? ( I speak to such as are weak , and not to proud contemners of God. ) First , Feelest thou thy soul fainting in faith , as Peter felt his body sinke down in the waters ? Secondly , Art thou as sore afraid that thy soule should drown in hell , if thou consentest or obeyest Idolatry , as Peter was that his body should drown in the waters ? 3. Desirest thou as earnestly the deliverance of thy soul , as Peter did the deliverance of his body ? 4. Believest thou that Christ is able to deliver thy soul , and that he will do the same , according to his promise ? 5. Do'st thou call upon him without hypocrisie , now in the day of thy trouble ? 6. Do'st thou thirst for his presence , and for the liberty of his Word again ? 7. Mournest thou for the great abominations that now over-flowes the Realm of England ? If these premises ( I say ) remain in thy heart , then art thou not altogether destitute of faith , neither shalt thou descend to perdition for ever ; but mercifully shall the Lord stretch forth his mighty hand , and shall deliver thee from the very throat and bottom of hell : But by what means that he shall perform that his mercifull work , it neither appertaineth to thee to demand , nor to me to define : But this is requisite , and is our bounden duty , that such means as the hand of our God shall offer ( to avoid Idolatry ) we refuse not , but that willingly we embrace the same , albeit it partly disagree to our affections . Neither yet think I that suddenly , and by one means , shall all the faithfull in England be delivered from Idolatry : No , it may be that God so strengthen the hearts of some of those that have fainted before , that they will resist Idolatry to the death , and that were a glorious and triumphant deliverance . Of others God may so touch the hearts , that they will rather chuse to walk and go as Pilgrims , from Realm to Realme , suffering hunger , cold , heat , thirst , wearinesse , and poverty , then that they will abide ( having all aboundance ) in subjection of Idolatry . To some may God offer such occasion , that in despight of Idolaters ( be they Princes or Prelats ) they may remain within their own Dominions , and yet neither bow their knees to Baal , neither yet lack the lively Food of Gods most holy Word . If God offer unto us any such means , let us assuredly know , That Christ Jesus stretched forth his hand unto us , willing to deliver us from that danger wherein many are like to perish ; and therefore let us not refuse it , but with gladnesse let us take hold of it , knowing that God hath a thousand means ( very unappearing to mans judgement ) whereby he will deliver , support and comfort his afflicted Church . And therefore , most dearly beloved in our Saviour Jesus Christ , considering that the remembrance of Christs Banquet ( whereof , I doubt not , some of you have tasted with comfort and joy ) is not yet utterly taken from your minde ; And that we have entred in this journey at Christs Commandments ; considering that we finde the Sea windes blow contrary and against us , as before was prophesied unto us ; and that we see the same tempest rage against us , that ever hath raged against Christs elect Church ; And considering also that we feele our selves ready to faint , and like to be oppressed by these stormie Seas , Let us prostrate our selves before the Throne of Grace , in the presence of our heavenly Father , and in the bitternesse of our hearts let us confesse our offences , and for Christ Jesus sake let us ask deliverance and mercy , saying , with sobs and groanings from our troubled hearts ; Complaint . O God , the heathen are entred into thine Inheritance , they have defiled thy holy Temple , and have prophaned thy blessed Ordinance : In place of thy joyfull signes , they have erected their abominable Idolatry : The deadly cup of all blasphemie is restored againe to their harlots hand : Thy Prophets are persecuted , and none are permitted to speak thy Word freely : The poor sheep of thy pasture are commanded to drink the venomous waters of mens Traditions . But , O Lord , thou knowest how sore they grieve us . But such is the tyranny of these most cruell beasts , that plainly they say , They shall root us out at once , so that no remembrance shall remain of us on earth . O Lord , thou knowest that we are but flesh , and that we have no power of our selves to withstand their tyranny ; And therefore , O Father , open the eyes of thy mercy upon us , and confirm thou in us the Work which thine own mercy hath begun . We acknowledge and confesse , O Lord , That we are punished most justly , because we lightly regarded the tyranny of our mercifull Visitation . Thy blessed Gospel was in our ears like a lovers song ; it pleased us for a time , but alas , our lives did nothing agree with thy Statutes and holy Commandments : And thus we acknowledge that our iniquity hath compelled thy justice to take the light of thy Word from the whole Realme of England . But be thou mindefull O Lord , that it is thy Truth which we have professed , and that thy enemies blasphemeth thy holy Name , and our Profession , without Cause : Thy holy Gospel is called heresie , and we are accused as traytors , for professing the same . Be mercifull therefore , O Lord , and be salvation unto us in this time of our anguish : Albeit our sins accuse and condemne us , yet do thou according to thine own Name . We have offended against thee ; Our sins and iniquities are without number , and yet art thou in the midst of us , O Lord , albeit that tyrants bear rule over our bodies , yet thirsteth our souls for the comfort of thy Word : Correct us therefore , but not in thy hot displeasure ; spare thy people , and permit not thine inheritance to b● in rebuke for ever . Let such , O Lord , as now are most afflicted , yet once againe praise thy holy Name before thy Congregation : Represse the pride of those blood-thirsty Tyrants ; consume them in thine anger , according to the reproach which they have laid against thy holy Name . Pour forth thy vengeance upon them , and let our eyes behold the blood of thy Saints required of their hands : Delay not thy vengeance , O Lord , but let death devour them in haste : Let the earth swallow them up , and let them go downe quick to the hells : For there is no hope of their amendment ; the feare and reverence of thy holy Name is quite banished from their hearts , and therefore yet again , O Lord , consume them ; consume them in thine anger , and let them never bring their wicked counsells to effect ; but according to the godly powers , let them be taken in the snare which they have prepared for thine elect : Look upon us , O Lord , with the eyes of thy mercy , and shew pity upon us thy weak and sore oppressed Flock : Gather us yet once again to the wholesome treasures of thy most holy Word , that openly we may confesse thy blessed Name within the Realme of England . Grant this , O heavenly Father , for Christ Iesus thy sons sake . Amen . If on this manner or otherwise ( as God shall put in our hearts ) without hypocrisie in the presence of our God ( respecting more his glory then our private wealth ) continually we poure forth our complaint , confession and prayers . Then so assuredly as our God liveth , and as we feel these present troubles , shall our God himself rise to our defence , he shall confound the counsels of our enemies , and trouble the wits of such as most wrongfully troubleth us . He shall send Jesu to execute his just judgments against Idolators , and against such as obstinately defendeth them . Yea , the chiefe men of our times shall not escape the vengeance and plagues that are prepared for their portion . The flatterers and maintainers of her abominations shall drink the cup of Gods wrath . And in despite of the Devill shall yet the glory of Christ Jesus , and the brightnesse of his countenance so shine in our hearts by the presence of his grace , and before our eyes by the true preaching of his Gospel , that altogether we shall fall before him and say : O Lord thou art our God , we shall extoll thee , and shall confesse thy Name , for thou ●ast brought wonderous things to passe according to thy counsels , which albeit appear to be farre off , yet are they true and most assured . Thou hast brought to ruine the palaces of tyrants , and therefore shall the afflicted magnifie thee , and the City of tyrannicall Nations shall fear thee . Thou hast been , O Lord , a strong defence to the poor , a sure place of refuge to the afflicted in the time of his anguish . This no doubt , dear Brethren , shall one day be the song of Gods Elect within the Realm of England , after that God hath poured forth his vengeance upon these disobedient , and blood-thirsty tyrants : which now triumpheth in all abominations , and therefore yet again beloved in the Lord , Abide patiently the Lords deliverance , avoyding and flying such offences as may separate and divide you from the blessed fello●ship of the Lord Jesus at his second comming . Watch and pray , resist the ●ivell , and row against this vehement tempest , and shortly shall the Lord come , to the comfort of your hearts , which now are oppressed with anguish and care , but then shall ye so rejoyce , that through gladnesse you shall say : Behold this our God , we have waited upon him , and he hath saved us . This is our Lord , we have long thirsted for his comming , now shall we rejoyce and be glad in his salvation , Amen . The great Bishop of our souls ▪ Jesus our Lord so strengthen and assist your troubled hearts with the mighty comfort of his Holy Ghost , that earthly tyrants , nor worldly torments have no power to drive you from the hope and expectation of that Kingdom , which for the Elect was prepared from the beginning by our heavenly Father , to whom be all praise and honour , now and ever , Amen . Remember me ( dear Brethren ) in your daily prayers . The grace of our Lord Jesus Christ be with you all . Amen . Yours with sorrowfull heart , JOHN KNOX . The Copie of A LETTER Delivered To Queen Mary , Regent OF SCOTLAND , FROM IOHN KNOX Minister of Gods Word , in the yeer of our Lord , 1556. and thereafter augmented and explained by the Author , in the yeer of our Lord , 1558. To the most Excellent Princesse MARY , DOVVAGER Regent of Scotland . MADAME , THE cause which moved me to present this my Supplication unto your Majestie , enlarged , and in some places explained ( being in the Realm of Scotland in the Moneth of May , 1556. I caused to be presented to your Majesty ) is the incredible rage of such as beare the Title of Bishops , who , against all justice and equitie , have pronounced against me a most cruell sentence , condemning my Bodie to Fire , my Soul to Damnation , and all Doctrine taught by me , to be false , deceivable , and Hereticall : If this injury did tend to me alone , having the testimony of a good conscience , with silence I could passe the matter , being assured , that such as they curse and expell their Synagogues for such causes , shall God blesse , and Christ Jesus receive in his eternall societie : But considering that this their blasphemy is vomited forth against the eternall Truth of Christs Evangell , ( whereof it hath pleased the great mercy of God to make me a Minister ) I cannot cease to notifie , as well to your Majestie , as to them , That so little am I afraid of their Tyrannicall and surmised sentence , that in place of the Picture ( if God impede not my purpose ) they shall have the Body to justice that Doctrine , which they ( Members of Satan ) blasphemously do condemne . Advertising your Majestie in the mean time , That from them , their sentence and tyrannie , and from all those that lift to maintain them in the same , I do appeal to a lawfull and generall Councel ; beseeching your Majesty to take in good part , that I call you for witnesse , that I have required the libertie of tongue , and my Cause to be heard before your Majestie and the Body of the Realm , before that any such Processe was laid against me ; as this my Letter directed to your Majesty doth testifie . The beginning of the Letter . THE Eternall Providence of the same God , who hath appointed his chosen Children to fight in this transistory and wretched life , a battell strong and difficile , hath also appointed their finall victory by a marvellous fashion , and the manner of their preservation in their battell more marvellous ; their victory standeth not in resisting , but in suffering ; as our Soveraign Master pronounceth to his Disciples , that in patience they should possesse their soules : And the same foresaw the Prophet , Esay , when that he painteth forth all other battell to be with violence , tumult , and blood-shedding , but the victory of Gods people to be in quietnesse , silence and hope ; meaning that all others that obtain victorie , do enforce themselves to resist their adversaries , to shed bloood , and to murther : But so do not the Elect of God , but all things they sustain at the commandment of him who hath appointed them to suffer ; being most assuredly perswaded , that then onely they triumph , when all wen judge them oppressed : For in the Crosse of Christ alwayes is included a secret and hid victory , never well known till the sufferer appear all together to be ( as it were ) exterminate ; for then onely did the blood of Abel crie to God , when proud Cain judged all memory of his brother to have been extinguished ; and so ( I say ) their victory is marvellous , and how that they can be preserved and not brought to utter confusion , the eye of man perceiveth not : But he , whose power is infinite , by secret and hid motions , toucheth the hearts of such as to mans judgment hath power to destroy them , with very pietie and compassion to save his people , as ( in times past ) he did the hearts of the Egyptian Midwives , to preserve the men-children of the Israelites , when command was given of Pharoah for their destruction . The heart of Pharaohs daughter likewise , to pitty Moses in his young infancy , exposed to the danger of the waters . The heart of Nabuchadnezzar to preserve the Captives alive , and liberally to nourish the Children that were found apt to Letters : And finally , The heart of Cyrus , to set at liberty the people of God , after long bondage and thraldome . And thus doth the invisible power and love of God , manifest it self towards his Elect from time to time , for two causes specially . First , to comfort his weake warriers in their manifold temptations , letting them understand , That he is able to compell such as sometimes were enemies to his people , to fight their Cause , and to promote their deliverance . And secondarily , to give a testimony of his favour to them , that by all appearance did l●ve before ( as Saint Paul speaketh ) wanting God in the world , as strangers from the Common-wealth of Israel , and without the league of his mercifull promise and free grace m●de to his Church : For who would have affirmed , That any of these persons aforenamed , had been of that nature and clemency , before occasions were offered unto them ? But the works of mercie shewed to the afflicted , have left to as assurance , That God used them as vessels of his honour . For pitie and mercie shewed to Christs afflicted flock , as they never lacked reward temporall , so if they be continued , and be not changed into crueltie , are assured signes and seales of everlasting mercy to be received from God , who by his Holy Spirit moveth their heats to shew mercy to the people of God oppressed and afflicted . Addition . THis Preface I used to give your Majestie occasion more deeply to consider what hath been the condition of Christs Members from the beginning , that in so doing , ye might see ▪ That it is no new thing that the Saints of God be oppressed in the word ; that ye , moved by earnest contemplation of the same , might also study rather to save them from murder , ( although by the wicked councels of many ye were provoked to the contrary ) then to engage your self to the corrupt Clergie , who are servants to sinne and Sathan ; whose fury is bent against God and his verity : But this after followeth in our Let-which thus proceedeth . Letter . YOur Majestie perchance doth wonder to what purpose these things be recited , and I in very deed cannot wonder enough , that occasion is offered to me ( a worme most wretched ) to recite the same at this present , for I have looked rather for the sentence of death , then to have written to your Majestie in these last and most wicked dayes , in which Sathan so blindeth the hearts of many , that innocents are condemned , their Cause never tried . Addition . HEreof ye cannot be ignorant : For besides these whom ye hear from time to time most cruelly to be murthered in France , Italy , Spaine , Flanders , and now of late yeers besides you in England , for no other cause , but that they professe Christ Jesus to be the onely Saviour of the world , The onely Mediator betwixt God and man , The onely Sacrifice acceptable for the sins of all faithfull ; and finally , The onely Head to his Church . Besides these , I say ( of whom ye hear the brute ) ye have been witnesse , That some within the Realm of Scotland , for the same cause , most cruelly have been murthered , whose cause was never heard with indifferency ; But murtherers sitting in the Seat of Justice , have shed the blood of Christs true Witnesses ; which albeit did then appear to be consumed away with fire , yet it is resent in the presence of him for whose cause they did suffer , and ceaseth not to call for vengeance , with the blood of Abel , to fall upon , not onely such as were immediate and next authors of that murther , but also upon all those that maintain those tyrants in their tyranny , or that do consent to their beastly cruelty , or that do not stop , having the power in hand . Take not this as the affirmation of any man , but hear and consider the voice of the Son of God ; Fulfill ( saith he ) the measure of your fathers , that all the blood which hath been shed since the blood of Abel the just , till the blood of Zachariah , &c. may come upon this generation . Hereby it is evident , That the murtherers of our time , as well as in the time of Christ , are guilty of all the blood that hath been shed from the beginning . Fearfull , I grant , is the sentence ; yet it is most equall and just : For whosoever sheddeth the blood of any one of Christ Jesus his members , for professing of his Truth , consenteth to all the murther which hath been made since the beginning for that cause . So that as there is one communion of all Gods Elect , of whom every member is participant of the holy Justice of Christ ; so is there a communion among the reprobate , by which every one of the Serpents seed are criminall and guilty of all iniquity which the whole Body committeth , because they are altogether against Christ Jesus , and against his eternall Verity ; every one serving Sathan the Prince of this world in their rank , age , degree and estate . The murtherers of their brethren which this day live , are guilty with Cain of the blood of Abel : The Kings and Princes which by power oppresse the people of God , and will not suffer that the people truely worship God as he hath commanded , but will retain them in Egypt , are brethren and companions to Pharaoh : The Prelats and Priests , whose horrible iniquities and insolent life have infected all Realmes where they raigne , have with their fathers the old Pharisces , taken away the key of knowledge , and have shut up the Kingdom of heaven before men ; so that neither they themselves will enter , neither yet will they suffer others to enter into the same : And the multitude blinded , some by ignorance , some by fear , and by insatiable appetite of their part of the spoyl ( for Christ being crucified , the souldiers parted amongst them his garments ) are conjured to defend those murtherers , proud pestilent Prelats , against Christ Jesus , and against his poor Flock : And therefore , because of one crime , they are all guilty ( which is , of treason and rebellion against Christ ) of one torment they shall all taste , which is , Of the fire that never shall be quenched . And herein ought you , Madame , be circumspect and carefull , if that ye hope for the life to come : For if the consent which proceedeth of ignorance and blindenesse bringeth destruction and death ( as Christ our Master doth witnesse , saying , If the blinde lead the blinde , they shall both fall into the ditch ) What shall become of the proud and malicious contemners of Gods Verity offered ? But our Doctrine , perchance , shall be denyed to be the Verity : Whereunto I answer , That so was the Doctrine of Noah , of Moses , of the Prophets , of Christ Jesus , and of his Apostles ; and yet the originall world perished by water , Sodome and Gomorra by fire descending from heaven ; Pharaoh and his adherents in the Red Sea ; the City of Ierusalem , and the whole Nation of the Jews , by punishments and plagues , notwithstanding that the whole multitude cryed , This is a new doctrine , this is heresie , and tendeth to sedition . Our Petition is , That our Doctrine may be tryed by the plain Word of God ; That liberty be granted to utter and declare our mindes at large in every Article and Point which now are in controversie : Which if ye deny , giving ear to Christs enemies ( who condemne his doctrine for heresie ) ye shall drink the Cup of Gods wrath with them . But now to the former Letter . Letter . I doubt not but the rumors which have come to your Majesties ears , of me , have been such , that if all reports were true , I were unworthy to live upon the earth : And wonder it is , That the voices of the multitude should not so have enflamed your Majesties heart with just hatred of such a one as I am accused to be , that all accesse to pity should have been shut up . I am traduced as an heretick , accused as a false teacher and seducer of the people , besides other opprobries , which ( affirmed by men of worldly honour and estimation ) may easily kindle the wrath of Magistrates , where innonocence is not known . But blessed be God the Father of our Lord Iesus Christ , who by the dew of his heavenly grace , hath so quenched the fire of displeasure , as yet , in your Majesties heart ( which of late dayes I have understood ) that Sathan is frustrate of his enterprise and purpose ; which is to my heart no small comfort ; Not so much ( God is my witnesse ) for any benefit that I can receive in this miserable life , by protection of any earthly creature ( for the cup which it behoveth me to drink , is appointed by the wisedom of him whose counsels are not changeable ) as that I am for that benefit which I am assured your Majestie shall receive , if that ye continue in like moderation and clemency towards others that most unjustly are and shall be accused , as that your Majestie hath begun towards me , and my most desperate Cause : that is , If that by godly wisedome ye shall studie to bridle the fury and rage of them , who , for the maintenance of their worldly pomp , regard nothing the cruell murthering of simple innocents . Then shall he who doth pronounce mercy to appertain to the mercifull , and promiseth that a cup of cold water given for his Names sake shall not lack reward , first cause your happy Government to be praised in this present age , and in posterities to come ; and last recompence your godly pains and study with that joy and glory , which eye hath not seen , nor yet can enter into the heart of mortall creature . Addition . IF Christs words were esteemed true , That of every idle word an accompt shall be given ; and that nothing is so secretly done , which shall not come to knowledge and light ; I suppose that the tongues of men should be better bridled , then impudently to speak their pleasure in matters unknown . For albeit that the true fear of God should not move them to speak truth ; yet would I think ( if any spark of humanity remained ) that worldly shame should impede them to lye . When reasoning was , before your Majesty , what man it was that preached in Aire , and divers men were of divers opinions ; some affirming , that it was an Englishman , and some supposing the contrary ; a Prelate , not of the least pride , said , Nay , no Englishman , but it is Knox that Knave . It was my Lords pleasure so to Baptize a poor man. The reason whereof , if it should be required , his Rochet and Miter must stand for Authority . What further liberty he used in defining things like uncertain to him , to wit , of my learning and doctrine , at this present I omit , Lamenting more that such pestilent tongues have liberty to speak in the presence of Princes , then that I am sorry for any hurt that their venome can do to me in body or fame : For what hath my life and conversation been , since it hath pleased God to call me from the puddle of Papistry , let my very enemies speak ; And what learning I have , they may prove when they please . The report of your Majesties moderation , as well at that time , as after , when suite was made for my taking , moved me to write this my other Letter ; in which , albeit , I have not played the Orator , trimming and decking the matter for the pleasure of itching , and delicate ears ; yet doth my conscience bear me record , That with simplicity I have advertised you of a mortall danger ; As this portion subsequent shall prove . Letter . SUperfluous and foolish it shall appear to many , That I , a man of low estate and condition , dare enterprise to admonish a Princesse so honourable , indued with wisedom , and graces singular . But when I consider the honour which God commandeth to be given to Magistrates , which no doubt ( if it be true honour ) containeth in it self , in lawfull things , obedience , and in all things , love and reverence . When further I consider the troublesome state of Christs true Religion , this day oppressed by blindnesse of men ; and lastly , The great multitude of flatterers , and the rare number of them that boldly and plainly , dare speak the naked verity in presence of their Princesse , and principally in the cause of Christ Iesus : These things I say , considered , whatsoever any man shall judge of my enterprise , I am compelled to say , That Unlesse in your Regiment , and in using of Power , your Majesty be found different from the multitude of Princes , and head Rulers , That this pre-eminence wherein ye are placed , shall be your dejection to torment , and pain everlasting . This proposition is sore , but alas it is so true , That if I should conceal and hide it from your Majesty , I committed no lesse treason against your Majestie , then if I did see you by imprudency take a Cup which I knew to be poysoned , or invenomed , and yet would not admonish you to abstain from drinking of the same . The Religion which this day men defend by fire and sword , is a Cup invenomed , of which whosoever drinketh , ( except that by true repentance , he after drink of the water of life ) drinketh therewith damnation and death . How , and by whom it hath been invenomed , if it were no more tedious to your Majestie to read or hear , then it is painfull to me to write or rehearse , I would not spare the labour . But for this present , I have thought it some discharge of one part of my duty , if I , of very love , admonish your Majesty of the danger ; which I do , as God one day shall declare , preferring your Majesties salvation , and the salvation of the People ( now committed to your charge ) before any corporall benefit that can redound to my self . Addition . AS Satan by craft hath corrupted the most holy Ordinances of Gods precepts , I mean of the first Table , in the place of the spirituall honouring of God , introducing mens dreams , inventions , and fantasies . So hath he , abusing the weaknesse of man , corrupted the precepts of the second Table , Touching the honour which is due to Parents , under whom are comprehended Princes and Teachers . For now the devill hath so blinded the senses of many , that they cannot , or at least , will not learn what appertaineth to God , and what to Caesar. But because the spirit of God hath said , Honour the King ; therefore , whatsoever they command , be it right or wrong , must be obeyed . But heavy shall the judgement be , which shall apprehend such blasphemers of Gods Majesty , who dare be so bold as to affirm , That God hath commanded any creature to be obeyed against himself . Against God it is , That for the commandment of any Prince , be he never so potent , men shall commit Idolatry , embrace a Religion which God hath not approved by his Word , or confirm , by their silence , wicked and blasphemous Laws , made against the honour of his Majestie . Men I say , that so do , give no true obedience , but as they are Apostates from God , so are they Traytors to their Princes , whom by flattery they confirm in rebelling against God ; onely , they which to the death resist such wicked laws and decrees , are acceptable to God , and faithfull to their Princes ; As were the three children in the presence of Nabuchadnezzar , and Daniel in the dayes of Darius ( the Persian Emperour ) whose constant and free confession , as it glorified God , so did it notifie as well to those tyrants , as to all ages following , the great blasphemy which in their rage and fury they committed against God , from the which ( by all appearance ) neither of both so suddenly should have been called , if the three children had bowed among the rest , and Daniel had not declared the confession of his faith ; Which was , with Windows open to pray towards Ierusalem , manifestly thereby declaring , That he did not consent to the blasphemous law , and decree , which was established by the King and his Counsell . Experience hath taught us what surmises and blasphemies the adversaries of Christ Jesus , of his eternall verity , do invent and devise against such as begin to detect their impiety . They are accused to be Authors of sedition , raisers of tumults , violators of common orders , &c. I answer with the Prophet Esay , That all is not reputed before God sedition and conjuration , which the foolish multitude so esteemeth ; neither yet is every tumult and breach of publike order , contrary to Gods commandment ; for Christ Jesus himself coming to take the spoil from the strong armed , who before did keepe his house in quietnesse , is not come to send Peace , but a Sword , and to make a man disassent from his Father , &c. His Prophets before him , and Apostles after him , feared not to break publike Orders , established against God , and in so doing , to move ( as it were ) the one half of peoples , nations , and cities against the other ; and yet I trust that none , except the hired servant of Sathan , will accuse Christ of sedition , nor the Apostles of the troubling of Common wealths . True it is , that the most wholesome Medicine most troubleth ( for a time ) the body replenished with wicked and corrupted humours , but the cause hereof is known to be , not in the Medicine , but in the Bodie subject to Maladie ; even so the true Word of God , when it entreth to fight where Sathan hath born dominion , ( as he still doth in the whole Papistrie ) cannot but appear to be occasion of great trouble . But Madame , more profitable it is , that the pestilent humours be expelled with pain , then that they be nourished , to the distruction of the body . The Papisticall Religion is a mortall pestilence , which shall assuredly bring to death eternall the bodies and souls , from the which it is not purged in this life ; and therefore take heed betimes , God calleth upon you , beware that ye shut not up your ears : Judge not the matter after the vilenesse of my body , whom God hath appointed Ambassadour and Messenger unto you , but with reverence and fear consider him whose Message I bear . I come to you in the name of the Eternall God , and of Christ Jesus his Son , to whom the Father hath committed all power , whom he hath established Soveraign Judge over all flesh , before whose Throne you must make accompt with what reverence you hear such as he sendeth . It shall not excuse you to say or think , That you doubt whether I be sent of God or no ; I crie unto you , That the Religion which the Princes and blinded Papists maintain with fire and sword , is not the Religion of Christ ; That your proud Prelates are none of Christs Bishops ; I admonish you , That Christs Flock is oppressed by them , and therefore I require , and that yet again in the name of the Lord Jesus , That with indifferency I may be heard to preach , to reason , and to dispute in that Cause ; which if you deny , you declare your self to bear no reverence to Christ , nor love to his true Religion . Letter . BUt you think ( peradventure ) That the care of Religion is not committed to Magistrates , but to the Bishops and state Ecclesiasticall , as they term it ; but deceive not your self , for the negligence of Bishops shall no lesse be required of the hands of the Magistrates , then shall the oppession of false Iudges ; for they injustly promote , foster and maintain the one and the other : The false and corrupt Iudge to spoil the Goods , and to oppresse the bodies of the simple , but the proud Prelates do Kings maintain to murther the souls , for the which the blood of Christ Iesus was shed ; and that they do either by withholding from them the true Word of life , or else by causing a pestilent Doctrine to be taught unto them , such as now is taught in the Papisticall Churches . I know that you wonder , how that the Religion which is universally received , can be so damnable , and corrupted : But if you consider , That ever from the beginning , the multitude hath declined from God ( yea , even in the people , to whom he spake by his Law and Prophets ) if ye shall consider the complaint of the Holy Ghost , complaining , that Nations , People , Princes and Kings of the earth have raged , made Conspiracies , and holden Councels against the Lord , and against his Annointed Christ Iesus ; further , if ye shall consider the question which Iesus himself doth move in these words , When the Sonne of Man shall come , shall he finde faith on the earth ? And lastly , if your Majestie shall consider the manifest contempt of God , and of all his holy Precepts , which this day reigne without punishment , upon the face of the whole earth ; for as Hosea complaineth , There is no verity , There is no mercy , There is no truth this day among men , but lies , perjury , and oppression overflow all , and blood toucheth blood ; that is , Every iniquitie is joyned to another : If deeply ( I say ) your Majestie will contemplate the universall corruption that this day reigneth in all states , then shall your Majestie cease to wonder , That many are called , and few chosen ; and you shall begin to tremble and fear to follow the multitude to perdition : The universall defection , whereof Saint Paul doth prophesie , is easie to be espied , as well in religion as in manners . The corruption of life is evident , and Religion is not judged , nor measured by the plain Word of God , but by custome , consuetude , will , consent , and determinations of men . But shall he who hath pronounced all cogitations of mans heart to be vain at all times , accept the counsels and consents of men , for a Religion pleasing and acceptable before him ? Let not your Majestie be deceived , God cannot lie , God cannot deny himself , he hath witnessed from the beginning , That no religion pleaseth him , except that which he by his own Word hath commanded and established : The veritie it selfe pronounceth this sentence ; In vain do they worship me , teaching doctrines the precepts of men . And also , All plantation , which my Heavenly father hath not planted , shall be rooted out . Before the comming of his welbeloved Sonne in the flesh , severely he punished all such , as durst enterprise to alter or change his Ceremonies and Statutes , as in Saul , Uzziah , Nadab , Abihu , is to be read : And will he now , after that he hath opened his counsell to the world by his onely Son , whom he commandeth to be heard , and after that by his Holy Spirit , speaking in his Apostles , he hath established the Religion , in which he would have his true worshippers to abide unto the end , will ●e , now ( I say ) admit mens inventions in the matter of Religion which he reputed for damnable Idolatry ? If men and Angels would affirm , That he will or may do it , his own verity shall convince them of a lie ; for this sentence he pronounceth , Not that which seemeth good in thy eyes , shalt thou do to the Lord thy God , but that which the Lord thy God hath commandeth thee , that do thou ; adde nothing unto it , deminish nothing from it . Which , sealing up his New Testament , he repeateth in these words , That which ye have , hold till I come , &c. And therefore yet againe , it repenteth me not to say , That in this point , which is chief and principall , your Majesty must disassent from the multitude of Rulers , or else you can possesse no portion with Christ Iesus in his Kingdom and glory . Addition . KNowing by what craft Sathan laboureth continually to keep the world in blindnesse , I added these two former points , to wit , That ye should not think your self free from the Reformation of Religion , because ye have Bishops within your Realm , neither yet that ye should judge that Religion most perfect , which the multitude by wrong custome have embraced . In these two points doth Sathan busily labour ; First , That no civill Magistrate presume to take cognisance in the cause of Religion , for that must be deferred to the determinations of the Church . Secondly , That impossible it is , that that Religion should be false , which so long time ( so many Councels , and so great a multitude of men , so divers Nations have allowed , authorised and confirmed . What is the duty of Magistrates , and what power the people hath in such cases granted by God , my purpose is to write in a severall Letter to the Nobility and States of the Realm ; and therefore to avoid tediousnesse and repetition of one thing , I now supersede . And as touching the second , if ye rightly consider the testimonies of Scriptures , which I have before alleadged , I trust ye shall finde that Objection sufficiently answered ; for , if the opinion of the multitude ought alwayes to be preferred , then did God injury to the originall World , for they were all of one minde , to wit , conjured against God ( except Noah and his familie . ) And if antiquity of time shall be considered in such cases , then shall not onely the Idolatrie of the Gentiles , but also the false Religion of Mahomet be preferred to the Papistrie ; for both the one and the other is more ancient then is the Papisticall religion ; yea , Mahomet had established his Alcoram , before any Pope in Rome was crowned with a Triple Crown . But as touching antiquitie , I am content with Tertullian to say , Let that be the most pure and perfect Religion , which shall be proved most ancient ; for this is a chief point , wherein I will joyn with all the Papists on the earth , That their Religion ( such as it is this day ) is not of such antiquitie , as is that which we contend to be the true and onely Religion , acceptable before God ; neither yet that their Church is the Catholike Church , but that it is of late dayes in respect of Christs Institution , crept in and devised by man , and therefore am bold to affirme it odious and abominable ; for this is our chief Proposition , That in the Religion of God , his own Word ought onely to be considered ; That no Authority of man or Angell ought in that case to be respected . And as for their Councels , when the matter shall come to triall , it shall be easily seen for whom the most godly and most ancient Councels shall most plainly speak . I will prove by a Councell , That of more authority is the sentence of one man ( founded upon the simple Truth of God ) then is the determination of the whole Councell without the assurance of the Word ; But that all their determinations , which we oppugne , are not onely maintained without an assurance of Scriptures , but also are established against the truth of the same ; yea , and for the most part against the Decrees of the former Councels , I offer my self evidently to prove . But now to the rest of the former Letter . Letter . AN Oratour and Gods Messenger also might justly require of you now ( by Gods hand promoted to high dignity ) A motherly pitie upon your subjects , A justice inflexible to be used against murtherers and common oppressours , A heart void of avarice and partiality , A minde studious and carefull for maintenance of that Realm and Common-wealth ( above whom God hath placed you ) and by it hath made you honourable , with the rest of vertues , which not onely Gods Scriptures , but also Writers ( illuminated onely with the light of Nature ) require in Gods Rulers . But vain it is to crave reformation of manners , where Religion is corrupted ; for like as a man cannot do the office of a man , till first he have a beeing and life , so to work works pleasant in the sight of God the Father , can no man do without the Spirit of Iesus Christ , which doth not abide in the hearts of Idolaters : And therefore the most godly Princes J●siah , Hezekiah , and Jehosaphat , seeking Gods favour to rest upon them and upon their people , before all things , began to reform the Religion ; for it is as the stomack within the body , which , if it be corrupted , of necessitie it infecteth the whole body : And therefore ( often I repeate that , which to be done is most necessary ) if your Majestie pretend to reign with Christ Iesus , Then it behoveth you to take care of his true Religion , which this day within your Realm is so deformed , that no part of Christs Ordinances remain in their first strength , and originall puritie ; which ( I praise God ) to me is lesse difficile to prove then dangerous to speak : And yet neither the one nor the other I fear , partly because the love of eternall life quencheth the terrour of temporall death , and partly because I would with Saint Paul , wish my self accursed from Christ ( as touching earthly pleasure ) for the salvation of my brethren , and illumination of your Majestie ; which thing , Work , and very deed , and not bare writing , shall witnesse and declare , if I may purchase the liberty of tongue , but fourty dayes onely . Additon . THe wise and facund Democritus had sometimes a familiar sentence , that , Honest it was to commend such works as were worthy of praise , but to praise things that were wicked , could not proceed but from a deceivable minde ; and Themistius a Philosopher of great fame , seeing the Hall of Iovinian the Romane Emperour replenished with flatterers , said , Of their manners it may be espied , that more they worship the Scepter and the purple , then God ; signifying that they little regarded whether the Emperour were godly or ungodly , so that they might retain themselves in favour with him . Albeit that those were Ethnicks , and neither had the knowledge of God , as we pretend , neither had given so plain a confession to declare themselves enemies to all iniquity ( as we have done by Baptisme , and by our whole profession of Christianity ) yet do their words condemne no small number of us , and chiefly such as be conversant with Princes ; for who in these miserable dayes judgeth himself to have offended , albeit he praise , allow and maintain , whatsoever the Princes and upper powers devise : yea , although it bee to oppresse , and to spoil the poor , to pull from them their very skins , and as the Prophet sayeth , To break their bones , and to cut them in pieces , as flesh for the Caldron or Pot. Yet I say , That the Princes shall not lack Judges to cry , It is right , It is for the Common-wealth , for the defence of the Realm , and ease of the Subjects ; so that the state of times is even now such , as when the Prophet complained , saying : The Princes ask , and the Judge is ready to give , not his own , but the life and blood of the poor . How soon a great man hath spoken the corruption of his minde , he hath his flatterers ready to applaud and confirm whatsoever he speaketh . And let the Princes be of what Religion they please , that is all one to the most part of men ; so that with abnegation of God , of his honour , and Religion , they may retain the friendship of the Court. But alas , how miserable be Princes that so are abused , and how contageous a pestilence be such flatterers to Common-Wealths , Empires , and Realms , God hath declared even from the beginning , to paint out the mischief , which from them proceedeth to such as give ear unto them . The ancient Writers compare them to Harlots , to Ravens , and to most ravenous Beasts , and not without cause . For as Harlots can never abide , that their lovers should return to repentance and sobernesse of minde , so cannot flatterers sustain , that such as they deceive , shall come to right judgement . And as Ravens pike out the eyes of dead carions , and as ravenous Beasts devour the same , so do flatterers ( being more cruell ) pike at the eyes of living men , and blinding the eyes of their understanding , and judgement , do expose them to be devoured in body and soul , to Satan . This we have by prophane Writers onely , but the holy Spirit teacheth us this infallible Trueth , That where iniquitie reigneth in a Common-wealth , and none is found boldly and openly to reprehend the same , that there shall sudden vengeance and destruction follow . For thus it is written and pronounced by the Prophet Ezekiel . Shalt thou not judge the Citie of blood , which hath made Idols ? Whose Rulers shed blood to the uttermost of their power ? They have despised my holy things , they have devised iniquitie , and have performed the same . The conjuration of Prophets , hath gathered up the riches , and whatsoever is precious within the same . The Priests violently have torn and rent my Law. The people of the Land hath wrought deceitfully . They have oppressed the poor , and have done violence to the stranger without judgement , and I have sought of them a man to repair the hedge , and to stand in the gap before me , but I have found none . Therefore have I poured forth my wrath upon them , and in the fire of my hote displeasure , I have consumed them . Advert Madam , for these are not the words of mortall man , but of the eternall God , and were not spoken against Ierusalem onely , but against every Realm and Nation , that so offendeth . The sins that here be named , are Idolatry in all , avarice and crueltie in the Princes and Rulers , conjuration of the Prophets to defend the wicked , deceit , fraud , and violence in the common people ; and finally , an universall silence of all men , none being found to reprehend these enormities . Would to God that I might with safetie of conscience excuse you , your Counsell , and the Idolaters of that Realm from any of these crimes aforenamed . The Idolatry which is committed , is more evident then that it can be denyed , the avarice and crueltie as well of your self , as of such as be in authority , may be known by the facts ; For fame carrieth the voices of the poor ( oppressed by intolerable taxes ) not onely to us here , in a strange Country ; but I am assured , to the ears of the God of hostes . The conspiracy and conjuration of your false Prophets is known to the world , and yet is none found so faithfull to God , nor mercifull to your Majestie , that freely will and dare admonish you to repent before that God rise himself in judgement . When I name repentance , I mean no outward shew of holinesse , which commonly is found in Hypocrites , but I mean a true conversion to the Lord God from your whole heart , with a damning of all superstition and idolatry . In which ye have been nourished , which with your presence ye have decored , and to your power maintained and defended . Unlesse I say , that this poyson be purged from your heart , ( be your outward life never so glistering before the world ) yet in the presence of God , it is but abominable . Yea further , I say , that where this venome of the Serpent ( idolatry I mean ) lurketh in the heart , it is impossible , but that at one time or other , it shall produce pestilent fruits ; albeit peradventure not openly before men , yet before God no lesse odious , then the facts of Murtherers , Publicanes , and Harlots ; and therefore in my former Letter , I said , that superfluous it was to require Reformation of manners , where the Religion is corrupted . Which yet again I repeat to the end , that your Majestie more deeply may weigh the matter . But now to the rest of the same my former Letter . Letter . I Am not ignorant how dangerous a thing it appeareth to the naturall man , to innovate any thing in matters of Religion ; and partly I consider , That your power Madam is not so free , as a publike Reformation perchance would require . But if your Majestie shall consider the danger and damnation perpetuall , which inevitable hangeth upon all maintainers of a false Religion , then shall the greatest danger easily devour and swallow up the smaller . If you shall consider , That either ye must serve God to life everlasting , or else serve the World to death and damnation , then albeit , that man and angel should disswade you , ye will chose life and refuse death . And if further ye shall consider , that the very life consisteth in the knowledge of the onely true God , and of his Son Christ Iesus , and that true knowledge hath annexed with it , Gods true worship and honour , which requireth a testimony of his own Will , expressed by his Word , That such honour doth please him , if you do earnestly meditate these things aforesaid ; then albeit ye cannot do saddenly what ye would , yet shall ye not cease to do what ye may . Your Majestie cannot hastily abolish Superstition , and remove from offices unprofitable Pastours , of whom speaketh Ezekiel the Prophet , which to a publike Reformation , is requisite and necessary . But if the zeal of Gods glory be fervent in your Majesties heart ▪ ye will not by wicked Laws maintain Idolatry , neither will ye suffer the fury of Bishops to murther and devour the poor Members of Christs body , as in times past they have been accustomed ; which thing , if either by blind ignorance ye do , or yet for pleasure of others within this Realm , permit to be done , then except you speedily repent , ye and your posteritie shall suddenly feel the depressing hand of him , who hath exalted you . Ye shall be compelled , will ye or not , to know that he is eternall , against whom ye addresse the Battell , and that it is he , that moderateth the times , and disposeth Kingdoms , ejecting from authoritie such as be inobedient , and placing others according to his good pleasure : That it is he that glorifieth them , that do glorifie him , and powreth forth contempt upon Princes that rebell against his graces offered . Addition . IN writing of this parcell , as I remembred the impediments which might call you back from God , and from his true obedience ; so did I consider what occasion you had to tremble and to fear before his Majestie , and to undergo the losse of all the worldly glory , for the promoting of the glory of God. I do consider , that your power is but borrowed , extraordinary , and unstable , for you have it but by permission of others . And seldom it is , that women do long raign with felicitie and joy . Your most especiall friends moreover , blinded by the vanitie of this World ; yea , being drunken with the Cup of that Roman Harlot , are mortall enemies to Christ Jesus , and to his true Religion . These things may easily abash the minde of a Woman not confirmed by grace ; But yet , if you will a little consider with me the causes why , that ye ought to hazard all for the glory of God in this behalf , the former terrours shall suddenly vanish . I do not esteem that thing greatest , which peradventure some others do : to wit , That if ye shall enterprise to innovate any thing in matters of Religion , that then ye shall lose your Authoritie , and also the favours of your carnall friends . I look further , to wit , To the judgements of God , who hath begun already to declare himself angry with you , with your Seed , and Posteritie ; yea , with the whole Realm , above which it should have ruled . Impute not to fortune , that first your two sons were suddenly taken from you , within the space of six houres , and after your Husband , raft as it were , by violence , from life and honour ; the memoriall of his name , succession , and royall dignitie , perishing with himself . For albeit , the usurped abuse , or rather tyranny of some REALMS , have permitted Women to succeed to the honour of their Fathers ; yet must their glory be transferred to the house of a stranger . And so I say , That with himself was buried , his name , succession , and royall dignitie , as he himself did apprehend in dying ; And in this , If ye espy not the anger and hot displeasure of GOD ( threatning you and the rest of your Posteritie with the same plague ) ye are more obstinate , then I would wish you to be . I would ye should ponder and consider , deeply with your self , That God useth not to punish Realms and Nations with such rare plagues without great cause ; neither useth he to restore to honours and glory , the house which he beginneth once to deject , till repentance of the former crimes be found ; you may perchance , doubt what crimes should have been in your Husband , you , or the Realm , for the which God should so grievously have punished you . I answer , The maintenance , and defence of most horrible Idolatry , with the shedding of the blood of the Saints of God , who laboured to notifie and rebuke the same . This I say , ( other iniquities omitted ) is such a crime before the eyes of his Majestie , That for the same , he hath poured forth his extreme vengenance upon Kings , and upon their Posteritie , depriving them from honours and dignitie for ever ; As by the Histories of the Books of the Kings is most evident . To Ieroboam it is said , Because I have exalted thee from the midst of the people , and have made thee Prince over my people ▪ Israel , I have rent the Kingdom from the house of David , for Idolatry also , and have given it unto thee , but thou hast not been as David my servant , &c. But thou hast done wickedly above all that have gone before thee ; For thou hast made to thee , other gods , and molten images , to provoke me , and hast cast me behinde thy back ; Therefore shall I bring affliction upon the house of Jeroboam , and I shall destroy to Jeroboam , all that pisseth against the Wall ( signifying thereby the Male children ) and shall cast forth the Posteritie of Jeroboam , as dung is cast forth , till it be consumed . This sentence was not onely executed against this Idolater , but also against the rest of Idolaters in that Realm , as they succeeded one after another , for to Baasa , whom God used as an Instrument to root out the seed of Ieroboam , it is said : Because thou hast walked in the way of Jeroboam , and hast caused my people to sin , that thou shouldest provoke me in their sins ; therefore shall I cut down the posteritie of Baasa , and the posterity of his house , and shall make thy house as the house of Jeroboam . He that shall die to Baasa in the City , him shall dogs eat ; and be that shall die in the field , him shall the fowls devour : Of the same Cup , and for the same cause , drank Ela and Achab , yea , and the Posterity of Iehu , following the footsteps of their forefathers . By these examples , you may evidently espy , That Idolatry is the cause , why God destroyeth the posteritie of Princes ; not onely of those that first invent abominations , but also of such as follow and defend the same . Consider Madame , That God hath begun very sharply with you , taking from you , as it were together , two children and a husband ; He hath begun I say , to declare himself angry , beware that you provoke not the eyes of his Majesty ; It will not be the haughty looks of the proud , the strength of your friends , nor multitude of men that can justifie your cause in his presence ; If you presume to rebell against him ( and against him you rebell ) if you deny my most humble request which I make in his Name , and it is this : With the hazard of mine own life , I offer to prove , That Religion which now you maintain , to be false , deceiveable , and abomination before God ; And that I shall do by most evident testimonies of his blessed , holy , and infallible Word : If this , I say , you deny , ( rebelling against God ) The favour of your friends , shall little avail you , when he shall declare himself enemy to you . Which assure your self , he will shortly do , if you begin to display the banner of your malice against him . Let not the prosperity of others , be they Princes , Queens , Kings , or Emperours , bolden you to contemn God , and his loving Admonition . They shall drink the Cup of his wrath , every one in their rank , as he hath appointed them . No Realme in these quarters ( except it , that next lieth to you ) hath he so manifestly stricken with his terrible rod , as he hath done you , and your Realme ; And therefore , it becometh you first to stoup , except that you will have the threatnings pronounced by Isaiah the Prophet , ratified unto you . To wit , That your sudden destruction be as the rotten Wall , and your breaking , as the breaking of a Potsherd , which is broken without pitty ; so that no portion of it can be found able either to carry fire or water . Whereby the Prophet doth signifie , That the proud contemners of God , and of his Admonitions , shall so perish from all honours ; That they shall have nothing worthy of memoriall behinde them in the Earth . Yea , If they do leave any thing , as it shall be unprofitable , so shall it be in execration and hatred to the elect of God ; and therefore , Thus proceedeth my former Letter . Letter . HOw dangerous soever , it shall appear to the flesh , to obey God and to make warre against the divell , the prince of darknesse , pride , and superstition ; yet if your Majesty look to have your self , and seed to continue in honour , worldly , and everlasting , subject your self betimes , under the hand of him , that is omnipotent . Embrace his Will , despise not his Testament , refuse not his Graces offered . When he calleth upon you , withdraw not your ear ; Be not led away with the vain opinion , that your Church cannot erre . Be ye most assuredly perswaded , That so farre as in life , ye see them degenerate from Christs true Apostles , so in Religion are they further corrupted . Lay the Book of God before your eyes , and let it be judge to that , which I say . Which if ye , with fear , and reverence , obey , as did Josias the admonitions of the Prophetesse , then shall he ( by whom Kings do reign ) crown your Battell with double benediction , and reward you with wisedome , riches , glory , honour , and long life in this Regiment temporall , and with life everlasting , when the King of kings ( whose Members now do cry for your help ) the Lord Iesus shall appear in judgement , accompanied with his Angels , before whom yee shall make accompt of your present Regiment , when the proud and disobedient shall cry : Mountains fall upon us , and hide us from the face of the Lord. But then it shall be too late , because they contemned his voice , when he lovingly called . God the Father of our Lord Iesus Christ , by the power of his holy Spirit , move your heart so to consider , and accept the things that be said , That they be not a Testimony of your just condemnation in that great day of the Lord Iesus , to whose omnipotent Spirit , I unfainedly commit your Majesties . Addition . WHen Ieremiah the Prophet , at the Commandment of God , had written the Sermons , threatnings , and plagues , which he had spoken against Israel and Iudah , and had commanded them to be read by Baruch his Scribe , because himself was excommunicated , and forbidden to enter into the Temple ; by the providence of God it came to passe , That Michaiah the son of Gemariah , hearing the said Sermons , passed to the Kings House , and did communicate the matter with the rest of the Princes ; who also , after they had read the same Volume of Ieremiah his Preachings , did not conceal the truth from Iehoiakim , who then did raigne in Ierusalem . But the proud and desperate Prince commanding the Book to be read in his presence , before he had heard three or four leaves of the same , did cut it , and cast it into the fire , notwithstanding that some of the Princes ( I think not all ) made request in the contrary . But the Prophet was charged by God to write again , and to say to Iehoiakim , Thus saith the Lord , Thou hast burnt this Book , saying , Why hast thou written in it according to this sentence ? Assuredly the King of Babylon shall come , and shall destroy this land , and shall make it void of men and beasts . Therefore thus saith the Lord , of Jehoiakim the King , There shall not be one left alive to sit in the Seat of David : Their carkases shall be cast to the heat of the day , and to the frost of the night ( whereby the Prophet did signifie , the most vile death , and most cruell torment ) and I shall visite the iniquity of himself , and of his seed and servants : And I shall bring upon them , and upon the inhabitants of Ierusalem , and upon all Iudah , all the calamities which I have spoken against them : Albeit they would not hear . This is not written , Madame , for that time onely , but to assure us , That the like punishment abideth the like contemners , of what state , condition , or degree that ever they be . I did write unto you before , having testimony of a good conscience , That I did it in the fear of my God , and by the motion of his holy Spirit ( for the request of the faithfull brethren , in things lawfull , and appertaining to Gods glory , I cannot but judge to be the voice of the holy Ghost . ) But how ye did accept the same my former writing , I do not otherwise then by conjectures understand : whether ye did reade it to the end , or not , I am uncertain : One thing I know , That ye did deliver it to one of your Prelats , saying , My Lord , Will ye reade a Pasquill ? As charity perswadeth me to interpret things ( doubtfully spoken ) in the best sense ; so my duty to God ( who hath commanded me to flatter no Prince on the earth ) compelleth me to say , That if no more ye esteem the Admonition of God , then the Cardinalls do the scoffing of Pasquills , that then he shall shortly send you messengers with whom ye shall not be able on that manner to jest . If my person be considered , I grant my th●eatnings are no more to be feared , then be the merry sports which fearfull men do father upon Pisquillus in Rome . But , Madame , if ye shall deeply consider , That GOD useth men ( yea , and most commonly , those that be of lowest degree , and most abject before the world ) to be his Messengers and Ambassadours , not onely to notifie his will to the simple but also to rebuke the most proud Tyrants and potent Princes , then will ye not judge the liquor by the outward appearance and nature of the vessell . For ye are not ignorant , That the most noble Wine is inclosed within the Tun made of Fraile wood , and that the precious oyntment is often kept within the pot made of Clay . If further ye shall consider , that God will do nothing touching the punishment of Realms and Nations , which he will not reveale to his servants the Prophets , whose tongues he will compell to speak somtimes contrary to the appetites and desires of their own hearts , and whose words he will perform , be they never so unapparent to the judgement of men , If these ye do deeply weigh , then will ye fear the thing , which presently is not seen . Elias was but a man , as Saint Iames doth witnesse , like to his Brethren , and yet at his prayer was Achab the Idolater , and all Israel with him punished three yeares and six moneths , God shutting up the heaven , that neither rain nor dew fell upon the earth the space afore written . And in the end , God so wrought by him , that Baals Priests were first confounded , and after justly punished . And albeit that Iesabel sought his blood , and by oath had determined his death , yet as she was frustrate of her intent , so could she not keep her own bones from the dogs , which punishment , the Prophet ( God so ruling his tongue ) had before appointed to that wicked woman . Albeit Madam , that the Messengers of God are not sent this day with visible miracles , because they teach none other doctrine then that which is confirmed with miracles from the beginning of the world : yet will not he ( who hath promised to take charge over his poor and little flock , to the end ) suffer the contempt of their Embassage , escape punishment and vengeance . For the truth it self hath said : He that heareth you , heareth me , and he that contemneth you , contemneth me . I did not speak unto you , Madam , by my former letter , neither yet do I now as Pasquillus doth to the Pope , and his carnall Cardinals in the behalf of such as dare not utter their names , but I come in the name of Christ Jesus , affirming , that the Religion , which ye maintain , is damnable Idolatry : the which I offer my self to prove by the most evident testimony of Gods Scriptures . And in this quarrell I present my self against all the Papists in the Realm , desiring none other Armour but Gods holy Word , and the liberty of my tongue . God move your heart to understand my Petition , to know the truth , and unfeinedly to follow the same , Amen . REVEL . JOH . 21. I am the beginning and the end . I will give to him that is a thirst , of the well of the water of life freely . He that overcommeth , shall inherit all things , and I will be his God , and he shall be my son . But the fearfull and unbelceving , and the abominable , and murderers , and whoremongers , and sorcerers , and idolaters , and all lyers shall have their part in the lake , which burneth with fire and brimstone , which is the second death . JOHN KNOX , THE SERVANT OF JESUS CHRIST , In preaching of his Holy Evangell , To the benevolent Reader , desireth grace and peace , with the spirit of righteous judgement . WOnder not , Christian Reader , that all my studie and travell within the Scriptures of God , these twenty yeers , I have set forth nothing in expounding any portion of Scripture , except this onely rude and indigested Sermon , preached by me in the publike audience of the Church of Edinburgh , the nineteenth day of August , Anno 1565. That I did not in writing communicate my judgement upon the Scriptures , I have ever thought my self to have most just reason ; for , considering my self rather called of my God to instruct the ignorant , comfort the sorrowfull , confirm the weak , and rebuke the proud , by tongue and lively voyce , in these most corrupt dayes , then to compose Books for the age to come , seeing that so much is written ( and by men of most singular erudition ) and yet so little well observed ; I decreed to contain my self within the bounds of that Vocation , whereunto I found my self especially called . I dare not deny ( lest that in so doing I should be injurious to the Giver ) but that God hath revealed unto me , secrets unknown to the world , and also that he hath made my tongue a Trumpet to forewarn Realms & Nations , yea , certain great revelations of mutations and changes , when no such things were feared , nor yet was appearing ; a portion whereof cannot the world deny , ( be it never so blinde ) to be fulfilled ; and the rest ( alas ) I fear shall follow with greater haste , and in more full perfection then my sorrowfull heart desireth : Nothwithstanding these revelations and assurances , I did ever abstain to commit any thing to writing , contented onely to have obeyed the charge of him , who commanded me to crie . If any then will ask to what purpose this onely Sermon is set forth , and greater matters omitted ; I answer , to let such as Sathan hath not altogether blinded so , upon how small occasions , great offence is now conceived , This Sermon is it , for the which ( from my Bed ) I was called before the Councell , and after long reasoning , I was by some forbidden to Preach in Edinburgh so long as the King and Queen were in Town ; This Sermon is it that so offendeth such as would please Court , and will not appear to be enemies to the Truth , yet they dare affirm , That I exceeded the bounds of Gods Messenger : I have therefore faithfully committed unto writing whatsoever I could remember might have been offensive in that Sermon , to the end , That as well the enemies of Gods truth , as the professors of the same , may either note unto me wherein I have offended , or at the least cease to condemn me before they have convinced me by Gods manifest Word . If any man think it easie unto me to mitigate by my pen the inconsiderate sharpnesse of my Tongue , and so cannot men freely judge of that my Sermon ; I answer , That I am neither so impudent , that I will studie to abuse the world in this great light , neither yet so void of the fear of my God , that I will avow a lie in his own presence ; and no lesse do I esteem it to be a lie , To deny or conceale that which in his Name I have once pronounced , then to affirm , That God hath spoken , when his Word assures me not of the same ; for in the publike place I consult not with flesh and blood wha● I shall propose to the people , but as the Spirit of my God , who hath sent me , and unto whom I must answer , moveth me , so I speak ; and when I have once pronounced threatnings in his Name ( how unpleasant soever they be to the World ) I dare no more deny them , then I dare deny that God hath made me his Messenger to forewarn the inobedient of their assured destruction . At that Sermon were auditors unto me , not onely professors of the truth , and such as favour me , but rank Papists , dissembling Hypocrites , and no small number of covetous Clawbacks of the new Court ; now I will appeal to the conscience of them all , as they will answer in the presence of the Eternall God , that either they bear me record , now writing the truth , or else note unto me the sentences offensive then by me pronounced , and now omitted in writing ; for in Gods presence I protest , That so far as memory would serve me , I have written more vehemently then in the action I spake and pronounced ; but of purpose I have omitted perswasions and exhortations which then were made Quaedam hîc desunt . A SERMON Preached By John Knox. Esay 26.13 , 14 , 15 , 16 , &c. O Lord our God , other lords besides thee have had dominion over us ; but by thee onely will we make mention of thy Name . They are dead , they shall not live ; they are deceased , they shall not rise ; therefore hast thou visited and destroyed them , and made all their memory to perish . Thou hast increased the Nation , O Lord , thou hast increased the Nation , thou art glorified , thou hast removed it farre unto the ends of the earth . Lord , in trouble have they visited thee , they powred out a prayer when thy chastening was upon them . &c. AS the cunning Marriner ( being Master ) having his Ship tossed with a vehement tempest , and contrary windes , is compelled oft to traverse , lest that either by too much resisting to the violence of the Waves , his Vessell might be over whelmed ; or by too much libertie granted , to be carried whither the fury of the tempest would , his Ship should be driven upon the shore , and so make shipwrack ; even so doth our Prophet Isaiah in this Text , which now you have heard read ; for he foreseeing the great desolation that was decreed in the Councell of the Eternall , against Hierusalem and Iudah , to wit , That the whole people that bare the Name of God should be dispersed ; that the holy Citie should be destroyed , the Temple wherein was the Ark of the Covenant , and where God had promised to give his own presence , should be burnt with fire , the King taken , his sons in his own presence murthered , his own eyes immediatly after to be put out , the Nobilitie , some cruelly murdered , some shamefully led away captives ; and finally , the whose seed of Abraham razed , as it were , from the face of the earth : The Prophet ( I say ) fearing these horrible calamities , doth , as it were , sometimes suffer himself , and the people committed to his Charge , to be carryed away with the violence of the tempest , without further resistance ; then by pouring forth his and their dolorous complaints before the Majestie of God ; as in the 13 , 17 , and 18 verse of this present Text we may reade . At other times he valiantly resisteth the desperate tempest , and pronounceth the fearfull destruction of all such as trouble the Church of God ; which he pronounceth , that God will multiply , even in such time as when it appeareth utterly to be exterminate . But because there is no small rest to the whole Body , till that the Head returne to judgement , he calleth the afflicted to patience , and promiseth such a Visitation , as whereby the wickednesse of the wicked shall be disclosed , and finally recompenced in their own bosoms . These are the chiefest Points of which by the grace of God we intend more largely at this present to speak : First , the Prophet saith , O Lord our God , other lords besides thee have ruled us . This , no doubt , is the beginning of the dolorous complaint in the which he complaineth of the unjust tyranny that the poor afflicted Israelites sustained , during the time of their Captivity . True it is , That the Prophet was gathered to his fathers in peace , before that this apprehended the people : For a hundred yeers after his decease , was not the people led away captive : Yet he fore-seeing the assurance of the calamity , did before-hand endite and dictate unto them the complaint that after they should make . But at the first sight it appeareth , That the complaint hath but small weight : For what new thing was it , that other lords then God in his own person ruled them , seeing that such had been their Regiment from the beginning ? For who knoweth not that Moses , Aaron , and Ioshua , the Judges , Samuel , David , and other godly Rulers , were men , and not God ; And so other lords then God , ruled them in their greatest prosperity . For the better understanding of this complaint , and of the minde of the Prophet , we must first observe from whence all Authority floweth ; and secondly , To what end Powers are appointed by God : The which two points being discussed , we shall the better understand , what lords , and what authority rules beside God ; and who they are in whom God and his mercifull presence rules . The first is resolved to us by the words of the Apostle , saying , There is no Power but of God. David bringeth in the Eternall God , speaking to Judges and Rulers , saying , I have said , Ye are gods , and Sons of the Most High. And Solomon , in the person of God , affirmeth the same , saying , By me Kings raigne , and Princes discern the things that are just . Of which place it is evident , That it is neither Birth , influence of Stars , election of people , force of Arms ; nor finally , whatsoever can be comprehended under the power of nature , that maketh the distinction betwixt the superiour power and the inferiour , or that doth establish the Royall Throne of Kings , but it is the onely and perfect Ordinance of God , who willeth his Terrour , Power , and Majestie in a part to shine in the Thrones of Kings , and in the faces of Judges , and that for the profit and comfort of man ; So that whosoever would studie to deface that order of Regiment that God hath established , and by his holy Word allowed , and bring in such a confusion , as no difference should be betwixt the upper Powers and the subjects , doth nothing but evert and turne upside downe the very Throne of God , which he will to be fixed here upon earth ; as in the end and cause of this Ordinance more plainly shall appear : which is the second Point we have to observe , for the better understanding of the Prophets words and minde . The end and cause then , why God printeth in the weak and feeble flesh of man this Image of his own Power and Majestie , is not to puff up flesh in opinion of it self ; neither yet that the heart of him that is exalted above others , sh●ll be lifted up by presumption and pride , and so despise others , but that he shall consider , that he is appointed Lieutenant to one , whose eyes continually watch upon him , to see and examine how he behaveth himself in his Office. Saint Paul in few words declareth the end , wherefore the sword is committed to the powers , saying , It is to the punishment of the wicked doers , and unto the praise of such as do well . Of which words , it is evident , That the sword of God is not committed to the hand of man , to use as it pleaseth him , but onely to punish vice , and maintain vertue , that men may live in such society , as before God is acceptable . And this is the very and onely cause , why God hath appointed powers in this Earth . For such is the furious rage of mans corrupt nature , That unlesse severe punishment were appointed , and put in execution upon malefactors ; Better it were , that man should live among brute and wilde Beasts , then among men . But at this present , I dare not enter into the description of this common place ; for so should I not satisfie the Text , which by Gods grace I purpose to absolve . This onely by the way , I would that such as are placed in Authority , should consider , Whether they raign and rule by God , so that God ruleth them or if they rule without , besides , and against God , of whom our Prophet here doth complain . If any list to take tryall of this point , it is not hard : For Moses in the election of Judges , and of a King , describeth , not onely , what persons shall be chosen to that honour , but doth also give to him that is elected and chosen , the rule by the which he shall try himself , whether God raign in him or not , saying : When he shall sit upon the throne of his Kingdom , he shall write to himself an examplar of this Law , in a Book by the Priests and Levites ; it shall be with him , and he shall read therein , all the dayes of his life , That he may learn to fear the Lord his God , and to keep all the words of this Law , and these Statutes , that he may do them , that his heart be not lifted up above his Brethren , and that he turn not from the commandment , to the right hand , or to the left . The same is repeated to Ioshuah in his inanguration to the Regiment of the people by God himself , saying ; Let not the Book of this Law depart from thy mouth , but meditate in it day and night , that thou mayst keep it , and do according to all that which is written in it . For then shall thy way be prosperous , and thou shalt do prudently . The first thing then that God craveth of him that is called to the Honour of a King , is , The knowledge of his Will revealed in his Word . The second is , An upright and willing minde to put in execution such things as God commandeth in his Law , without declining to the right , or to the left hand . Kings then have not an absolute Power to do in their Regiment what pleaseth them ; but their Power is limited by Gods Word : So that if they strike where GOD hath not commanded , they are but murtherers ; and if they spare where GOD hath commanded to strike , they and their Throne are criminall and guilty of the wickednesse that aboundeth upon the face of the earth , for lack of punishment . O that Kings and Princes would consider what account shall be craved of them , as well of their ignorance and misknowledge of Gods Will , as for the neglecting of their Office. But now to returne to the words of the Prophet . In the person of the whole people he doth complain unto God , That the Babilonians ( whom he calleth , Other lords besides God , both because of their ignorance of God , and by reason of their cruelty and inhumanity ) had long ruled over them in great rigour , without pity or compassion had upon the ancient men , and famous matrons : For they being mortall enemies to the people of God , fought by all meanes to aggravate their yoke , yea , utterly to have exterminate the memory of them , and of their Religion ; from the face of the earth . After the first part of this dolorous complaint , the Prophet declareth the Protestation of the people , saying , Neverthelesse in thee shall we remember thy Name : ( others reade it , But we will remember thee onely , and thy Name : ) But in the Hebrew there is no Conjunction Copulative in that sentence . The minde of the Prophet is plaine , to wit , That notwithstanding the long sustained affliction , the people of God declined not to a false and vain Religion , but remembred God , that sometime appeared to them in his mercifull presence ; which albeit then they saw not , yet would they still remember his Name , that is , They would call to minde the Doctrine and Promise which at sometimes they heard , albeit in their prosperity they did not sufficiently glorifie God , who so mercifully ruled in the midst of them . The temptation , no doubt , of the Israelites , was great in those dayes : They were carried captives from the Land of Canaan , which was to them the gage and pledge of Gods favour towards them ; for it was the inheritance that God promised to Abraham , and to his seed for ever . The League and Covenant of Gods Protection , appeared to have been broken : They lamentably complain , That they saw not their accustomed signes of Gods mercifull presence ; The true Prophets were few , and the abominations used in Babylon were exceeding many : And so it might have appeared to them , That in vain it was , that they were called the Posterity of Abraham , or that ever they had received the Law , or Forme of right Religion from God. That we may the better feel it in our selves , the temptation , I say , was even such , as if God should utterly destroy all Order and Policie that this day is within his Church , that the true preaching of the Word should be suppressed , The right use of Sacraments abolished , Idolatry and Papisticall abomination erected up again ; And therewith , That our bodies should be taken prisoners by Turks or other manifest enemies of God , and of all godlinesse . Such , I say , was their temptation ; How notable , then is this their confession , that in bondage they make , to wit , That they will remember God onely , albeit , he hath appeared to turn his face from them , They will remember his name , and will call to minde the deliverance promised . Hereof have we to consider , what is our duty , If God bring us ( as for our offences and unthankfulnesse justly he may ) to the like extremity . This confession is not the fair flattering words of hypocrites , lying and bathing in their pleasures , but it is the mighty operation of the Spirit of God , who leaveth not his own destitute of some comfort , in their most desperate calamities . This is then our duty , not onely to confesse our God in time of peace and quietnesse , but he chiefly craveth , that we avow him in the midst of his , and our enemies . And this is not in us to do , but it behoveth , That the Spirit of God work in us , above all power of nature . And thus we ought earnestly , to meditate before the battell rise more vehement , which appeareth not to be far off . But now must we enter in somewhat more deeply to consider these judgements of God. This people dealt with all , as we have heard , was the onely people upon the face of the Earth , to whom God was rightly known ; among them onely were his Laws , Statutes , Ordinances , and Sacrifices used , and put in practise ; They onely invocated his Name , and to them alone had he promised his protection and assistance : What then should be the cause , that he should give them over into this great reproach , and bring them into such extremity , as his own name , in them , should be blasphemed . The Prophet Ezekiel , that saw this horrible destruction forespoken by Isaiah , put in just execution , giveth an answer in these words , I gave unto them Laws that were good , in the which , Whosoever should walk , should live in them ; But they would not walk in my wayes , but rebelled against me ; And therefore , I have given unto them Laws that are not good , and Iudgements , in the which they shall not live . The Writers of the Books of Kings , and Chronicles , declare this in more plain words , saying : The Lord sent unto them his Prophets , rising early , desiring of them to return unto the Lord , and to amend their wicked wayes ( for he would have spared his people , and his Tabernacle ) but they mocked his servants , and would not return unto the Lord their God to walk in his wayes . Yea , Iudah it self kept not the precepts of the Lord God , but walked in the Manners and Ordinances of Israel ; That is , Of such as then had declined to Idolatry from the dayes of Ieroboam . And therefore , the Lord God abhorred the whole seed of Israel , that is , The whole body of the people , he promised them , and gave them into the hands of those that spoiled them , and so he cast them out from his presence . Hereof it is evident , That their disobedience unto God , and unto the voices of his Prophets , was the cause of their destruction . Now , have we to take heed how we should use the good Laws of God , that is , his Will revealed unto us in his Word , and that Order of Justice , that by him , for the comfort of man is established amongst men . It is no doubt , but that obedience is the most acceptable sacrifice unto God , and that which above all things he requireth ; That when he manifesteth himselfe by his word , that men follow according to their vocation and commandment . Now so it is , that God by that great Pastor , our Lord Jesus , now manifestly in his word calleth us from all impiety , as well of body , as of mind , to holinesse of life , and to his spirituall service : And for this purpose , he hath erected the throne of his mercy among us , the true preaching of his word , together with the right administration of his Sacraments : But what is our obedience , let every man examine his own conscience , and consider what statutes and lawes we would have to be given unto us . Wouldst thou , O Scotland , have a King to raign over thee in justice , equity , and mercy ? subject thou thy selfe to the Lord thy God , obey his commandments , and magnifie thou that word that calleth unto thee , This is the way , walke into it , and if thou wilt not , flatter not thy self , the same justice remaineth this day in God to punish thee Scotland , and thee Edinburgh in especiall , that before punished the land of Iuda , and the City of Ierusalem . Every Realm or Nation ( saith the Prophet Ieremy ) that likewise offendeth , shall be likewise punished . But if thou shalt see impiety placed in the seat of justice above thee , so that in the Throne of God ( as Salomon doth complain ) raigneth nothing but fraud , & violence , accuse thy own ingratitude and rebellion against God , for that is the only cause , why God taketh away ( as the same Prophet in another place doth speak ) the strong man and the man of war , the Judge and the Prophet , the prudent and the aged , the Captain and the honourable , the Counsellor and the cunning Artificer . And I will appoint , saith the Lord , children to be their Princes , and babes shall rule over them . Children are extortioners of my people , and women have rule over them . If these calamities , I say , apprehend us , so that we see nothing but the oppression of good men , and of all godlinesse , and wicked men without God , to reigne above us ; Let us accuse and condemn our selves , as the onely cause of our own miseries . For if we had heard the voyce of the Lord our God , & given upright obedience unto the same , God should have multiplyed our peace , & should have rewarded our obedience before the eyes of the world . But now let us hear what the Prophet saith further . The dead shall not live , saith he , neither shall the tyrants , or the dead arise , because thou hast visited and scattered them , and destroyed all their memory . From this 14 verse , unto the end of the 19 , it appeareth , That the Prophet observeth no order ; yea , that he speaketh things directly repugning one to another : For first he saith , The dead shall not live : After , he affirmeth , Thy dead men shall live . Secondly , he saith , Thou hast visited and scattered them , and destroyed all their memory : Immediately after he saith , Thou hast increased thy Nation , O Lord , thou hast increased thy Nation . They have visited thee , and have poured forth a prayer before thee . Who , I say , would not think , that these are things not onely spoken forth of good order and purpose , but also manifestly repugning one to another . For , to live , and not to live , to be so destroyed that no memoriall remaineth ; and to be so increased , that the coasts of the earth shal be replenished , seem to import plain contradiction . For removing of this doubt , and for better understanding of the Prophets minde , we must understand , that the Prophet had to do with divers sorts of men ; he had to do with the conjured and manifest enemies of Gods people , the Caldees or Babylonians ; even so such as professe CHRIST JESUS , have to doe with the Turke and Sarazens . He had to doe with the Seed of Abraham , whereof there were three sorts . The ten Tribes all degenerate from the true worshipping of GOD , and corrupted with Idolatry , as this day are our pestilent Papists in all Realms and Nations , there rested onely the Tribe of Iudah at Ierusalem , where the form of true Religion was observed , the Law taught , and Ordinances of God outwardly kept ; but yet there were in that body ( I mean , in the body of the visible Church ) a great number that were Hypocrites , as this day yet are among us that do professe the Lord Jesus , and have refused Papistrie ; not a few that were licentious livers , some that turned their backe to God ; that is , Had for●aken all true Religion , and som that lived a most abominable life , as Ezekiel saith in his vision ; and yet there were some godly , as a few Wheat Cornes oppressed and hid among the multitude of Chaffe : Now according to this diversitie , the Prophet keepeth divers purposes , and yet in most perfect order . And first ( after the first part of the complaint of the afflicted , as we have heard in vehemency of spirit ) he bursteth forth against all the proud enemies of Gods people , against all such as trouble them , and against all such as mock and forsake God , and saith , The dead shall not live , the proud Giants shall not rise , thou hast scattered them , and destroyed their memoriall . In which words he fighteth against the present temptation and dolorous state of Gods people , and against the insolent pride of such as oppressed them ; as if the prophet should say , O ye troublers of Gods people , howsoever it appeareth to you in this your bloody rage , that God regardeth not your crueltie , nor considereth not what vio●ence you do to his poor afflicted , yet shall ye be visited , yea , your Carcases shall fall and lie as stinking Carrions upon the face of the earth , ye shall fall without hope of life or of a blessed resurrection ; yea , howsoever ye gather your substance , and augment your families , ye shal be so scattered , that ye shall leave no memoriall of you to the posterities to come , but that which shall be execrable and odious . Hereof have the Tyrants their admonition , and the afflicted Church inestimable comfort ; The Tyrants that do oppresse , shall receive the same end that they did which have passed before ; that is , They shall die and fall with shame , without hope of resurrection , as is foresaid , not , That they shall not arise to their own confusion and just condemnation ; but , that they shall not recover power to trouble the servants of God , neither yet shall the wicked arise ( as David saith ) in the Councell of the Just : Now have the wicked their Councells , their Thrones , and finally handling ( for the most part ) of all things that are upon the face of the earth ; but the poor servants of God are reputed unworthy of mens presence , envyed , mocked ; yea , they are more vile before these proud Tyrants , then is the very dirt and mire that is trodden under foot : But in that glorious resurrection this state shall be changed ; for then shall such as now by their abominable living and crueltie , destroy the earth and molest Gods children , see him whom they have pierced ; they shall see the glory of such as now they persecute , to their terrour and everlasting confusion . The remembrance hereof ought to make us patient in the dayes of affliction , and so to comfort us , that when we see Tyrants in their blinde rage , tread under foot the Saints of God , that utterly we despaire not , as if there were neither Wisdome , Justice nor Power above in the Heavens to represse such Tyrants , and to redresse the dolours of rhe unjustly afflicted ; No brethren , let us be assured that the right hand of the Lord will change the state of things that be most desperate : In our God there is Wisdome and Power in a moment , to change the joy and mirth of our enemies , into everlasting mourning , and our sorrows into joy and gladnesse that shall have no end . Let us therefore in these apparent calamities ( and marvell not that I say calamities apparent , for he that seeth not a fire begun , that shall burn more then we look for , unlesse God of his mercy quench it , is more then blinde , ) not bee discouraged , but with unfained repentance , let us return to the Lord our God , let us accuse and condemne our former negligence , and stedfastly depend upon his promised deliverance , so shall our temporall sorrows be converted into everlasting joy . The doubt that might be moved concerning the destruction of those whom God exalteth , shall be discussed , if time will suffer , after that we have passed thorowout the Text ; now proceedeth the Prophet , and saith ; Thou hast increased the Nations , O Lord , thou hast increased the Nations , thou art made glorious , thou hast inlarged all the coasts of the earth . Lord in trouble , &c. In these words the Prophet giveth consolation to the afflicted , assuring them , That how horrible soever that desolation should be , yet should the Seed of Abraham be so multiplied , that it should replenish the coasts of the earth ; yea , that God should be more glorified in their affliction , then he was during the time of their prosperitie : This promise ( no doubt ) was incredible when it was made , for who could have been perswaded , That the destruction of Ierusalem should have been the meanes whereby the Nation of the Iews should have beene increased , seeing that much rather it appeared , That the overthrow of Ierusalem should have been the very abolishing of the seed of Abraham : But we must consider , to what end it was that God revealed himself to Abraham , and what is contained in the promise of the multiplication of his Seed , and the benediction promised thereto . First , God revealed himself to Abraham , and that by the means of his Word ; to let all flesh after understand , That God first called man , and revealed himself unto him , that flesh can do nothing but rebell against God ; for Abraham ( no doubt ) was an Idolater before that God called him from Ur of the Caldees ; The Promise was made , That the Seed of Abraham should be multiplyed as the Stars of heaven , and as the sand of the sea ; which is not simply to be understood of his naturall Seed , as though it was sometimes greatly increased ; but rather of such as should become the spirituall Seed of Abraham , as the Apostle speaketh ; Now if we be able to prove , That the right knowledge of God , his Wisdom , Justice , Mercy and Power , was more amply declared in their captivity , then ever it was at any time before , then can we not deny , but that God ( even when to mans judgement he had utterly rased them from the face of the earth ) did increase the Nation of the Iews , so that he was glorified in them , and did extend the Coasts of the earth for their habitation . And for the better undestanding hereof , let us shortly trie the Histories , from their Captivitie to their deliverance , and after the same , to the comming of the Messias . It is no doubt , but that Sathan intended by the dispersion of the Iewes , so to have prophaned the whole Seed of Abraham , that among them should neither have remained the true knowledge of God , nor yet the Spirit of Sanctification ; but that all should have come to a like contempt of God : For I pray you , for what purpose was it , that Daniel and his fellows were taken into the Kings Court , were commanded to be fed at the Kings Table , and were put to the Schools of their Divines , Southsayers and Astrologians ? It may be thought that it proceeded of the Kings humanity , and of a zeal that he had , that they should be brought up in vertue and good learning ; and I doubt not but it was so understood of a great number of the Iews ; but the secret practise of the Devill was understood of Daniel , when he refused to defile himself with the Kings meat , which was forbidden to the Seed of Abraham in the Law of their GOD. Well , God beginneth shortly after to shew himself mindefull of his promise made by his Prophet , and to trouble Nebuchadnezzar himselfe , by shewing to him a vision in his dream , which did the more trouble him , because he could not forget the terror of it ; neither yet could he remember what the Vision and the parcels thereof were : Whereupon were called all Divines , Interpreters of dreams , and Southsayers , of whom the King demanded , If they could let him understand what he had dreamed ; But while that they answer , That such a question used not to be demanded of any Southsayer or Magician , for the resolution thereof onely appertained to the gods , whose habitation was not with men ; the charge was given ▪ That they all should be slain ; and amongst the rest Daniel was sought ( whose innocency the Devill envyed ) to have suffered the same judgement : He reclaimeth , and asketh time to disclose that secret ; ( I onely touch the History , to let you see by what means God increaseth his knowledge ) which being granted , the vision is revealed unto him , he sheweth the same unto the King , with the true interpretation of it ; adding , That the knowledge thereof came not from the Stars , but onely from the God of Abraham , who onely was , and is , the true God : which thing understood , the King burst forth in his confession , saying , Of a truth your God is the most excellent of all gods , and he is Lord of Kings , and onely he that revealeth the secrets , seeing that thou couldest open this secret . And when Nebuchadnezzar , after that , puffed up in pride by the counsell of his wicked Nobilitie , would make an Image , before the which he would that all Tongues and Nations , subject to him , should make adoration , and that Sydrack , Meshack and Abednago ; would not obey his unjust commandment , and so were cast in the flaming furnace of fire ; and yet by Gods Angels , were so preserved , that no smell of fire remained in their persons nor garments : This same King giveth a more notable confession , saying , The Lord God of Sydrack , Misack and Abednago , is to be praised , who hath sent his Angels , and delivered his worshippers , that put trust in him , who have done against the Kings commandment , who have rather given their own bodies to torment , then that they would worship another God , except their own God. By me therefore , is there made a decree , That whosoever shall blaspheme the God of Sydrack ▪ Misack and Abednago , that he shall be cut in pieces , and his house shall be made detestable . Thus we see how God began , even almost in the beginning of their Captivity , to notifie his name , to multiply his knowledge , and set forth as well his power , as his wisedom , and true worshipping , by those that were taken prisoners ; yea , that were despised , and of all men contemned , So that the name and fear of the God of Abraham , was never before notified to so many Realmes and Nations . This wondrous work of God proceeded from one Empire to another : For Daniel , being promoted to great honour by Darius King of Persians and Medes , falleth into a desperate danger ; For he was committed to prison among Lyons , because that he was deprehended , breaking the Kings Injunction ; not that the King desired the destruction of Gods servants , but because the corrupt Idolaters , that in hatred of Daniel had procured that Law to be made , urged the King against his Nature ; but God by his Angel , did stop the Lyons mouths , and so preserved his servant : Which considered with the sudden destruction of Daniels enemies , by the same Lyons , King Darius , besides his own confession , wrote to all people , tongues , and nations after this form ; It is decreed by me , That in all the dominions of my Kingdom , men shall fear and reverence the God of Daniel , because he is the living God , abiding for ever ; whose Kingdom shall not be destroyed , and his dominion remaineth , who saveth and delivereth , and sheweth signes and wonders in Heaven and in Earth , who hath delivered Daniel from the Lyons . This knowledge was yet further increased , in the dayes of Cyrus , who giving freedom to the Captives ▪ to return to their own Native Country , giveth this confession ; Thus saith Cyrus , the King of Persians , All the Kingdoms of the Earth , hath the Lord God of Heaven given unto me , and hath commanded me , that a house be built to him in Ierusalem , which is in Iuda . Whosoever therefore of you , that are of his people , Let the Lord his God be with him , and let him passe up to Ierusalem , and let him build the house of the Lord God of Israel ; for he onely is God , that is in Ierusalem . Time will not suffer me to intreat the points of this confession , neither yet did I for that purpose adduce the History ; But onely , to let us see how constantly God kept his promise in increasing of his people , and in augmenting of his true knowledge , when that both they that were the seed of Abraham , and that Religion which they professed , appeared utterly to have been extinguished , above mens expectation ; I say , he brought freedom out of bondage , light out of darknesse , and life out of death . I am not ignorant , that the building of the Temple , and reparation of the Walls of Ierusalem , were long stayed , so that the work had many enemies ; But so did the hand of God prevail in the end , That a decree was made by Darius ( by him I suppose , that succeeded to Cambises ) not onely that all things necessary for the building of the Temple , and for the Sacrifices that were to be there brent , should be ministred upon the Kings charges ; but also , That whosoever should hinder that work , or change that decree , that a balk should be taken out of his house , and that he should be hanged thereupon ; yea , that his house should be made a dunghill ; and thereto , he addeth a Prayer , saying , The God of Heaven , who hath placed his Name there , root out every King , and People ( O that Kings and Nations should understand ) that shall put his hand , either to change , or to hurt this house of God , that is in Ierusalem . And so , in despight of Sathan , was the Temple builded , the walls repaired , and the City inhabited , and in the most desperate dangers it was preserved , till that the Messias promised , the glory of the second Temple , came , manifested himself to the world , suffered and rose againe , according to the Scriptures : And so , by sending forth his Gospel from Ierusalem , did replenish the earth with the true knowledge of God ; and so did God in perfection encrease the Nation , and the spirituall Seed of Abraham . Wherefore , dear brethren , we have no small consolation , if the state of all things be this day rightly considered ; we see in what fury and rage the world , for the most part , is now raised , against the poor Church of Jesus Christ , unto the which he hath proclaimed liberty , after the fearfull bondage of that Spirituall Babylon , in the which we have been holden captives longer space , then Israel was prisoner in Babylon it self : For if we shall consider , upon the one part , the multitude of those that live wholly without Christ ; and upon the other part , the blinde rage of the pestilent Papists , What shall we think of the small number of them that do professe Christ Jesus , but that they are as a poor sheep , already seized in the claws of the Lyon ? yea , that they , and the true Religion which they professe , shall in a moment utterly be consumed ? But against this fearfull temptation , let us be armed with the Promise of God , to wit , That he will be the Protector of his Church ; yea , That he will multiply it , even when to mans judgement it appeareth utterly to be exterminate . This Promise hath our God performed , in the multiplication of Abrahams Seed , in preservation of it , when Sathan laboured utterly to have destroyed it , in deliverance of the same , as we have heard , from Babylon . He hath sent his son Christ Jesus , clad in our flesh , who hath tasted of all our infirmities ( sin except ) who hath promised to be with us to the end of the world . He hath further kept Promise , in publication , yea , in the restitution of his glorious Gospel ; Shall we then think that he will leave his Church destitute in this most dangerous age ? Onely let us stick to his Truth , and study to conform our lives to the same , and he shall multiply his knowledge , and encrease his people . But now let us hear what the Prophet saith more . Lord in trouble have they visited thee ; they poured out a prayer when thy chastning was upon them . The Prophet meaneth , that such as in the time of quietnesse , did not rightly regard God , nor his judgements , were compelled by sharp corrections to seek God , yea , by cryes and dolorous complaints , to visite him . True it is , That such obedience deserveth small praise before men , for who can praise , or accept that in good part , which cometh as it were of meer compulsion ; and yet rare it is , that any of Gods children do give unfained obedience , untill the hand of God turn them ; For if quietnesse and prosperity , make them not utterly to forget their duty , both towards God and man , as David for a season , yet it maketh them carelesse , insolent , and in many things unmindefull of those things that God chiefly craveth of them ; which imperfection espied , and the danger that thereof might ensue , our heavenly Father visiteth the sins of his children , but in the rod of his mercy , by the which they are moved to return to their God , to accuse their former negligence , and to promise better obedience in all times hereafter ; as David confesseth , saying , Before I fell in affliction , I went astray , but now will I keep thy Statutes . But yet for the better understanding of the Prophets minde , we may consider how God doth visite man , and how man doth visite God , and what difference there is , betwixt the visitation of God upon the reprobate , and his visitation upon the chosen . God sometimes visiteth the reprobate in his hot displeasure , pouring upon them his plagues for their long rebellion ; as we have heard before , that he visited the proud , and destroyed their memory . Other times , God is said to visite his people being in affliction , to whom he sendeth comfort , or promise of deliverance , as he did visite the seed of Abraham , being oppressed in Egypt : and Zachary saith , That God had visited his people , and sent unto them hope of deliverance , when Iohn the Baptist was borne . But of none of these visitations speaketh our Prophet here , but of that onely which we have already touched , to wit , when that God layeth his correction upon his own children , to call them from the venemous Breasts of this corrupt world , that they suck not in over-great aboundance the poyson thereof ; and doth , as it were , wean them from their mothers Paps , that they may learn to receive other nourishment . True it is , That this weaning ( or spaning , as we terme it ) from worldly pleasure , is a thing strange to the flesh , and yet it is a thing so necessary to Gods children , that unlesse they be weaned from the pleasures of the world , they can never feed upon that delectable Milk of Gods eternall verity ; For the corruption of the one , doth either hinder the other to be received , or else so troubleth the whole powers of man , that the soul can never so digest the truth of God , as that he ought to do . Albeit this appeareth hard , yet it is most evident ; For what liquor can we receive from the Breasts of the world , but that which is in the world , what that is , the Apostle Iohn teacheth , saying ; Whatsoever is in the world , is either the lusts of the eyes , the lusts of the flesh , or the pride of life . Now seeing that these are not of the Father , but of the world , how can it be , that our souls can feed upon chastitie , temperance , and humility , so long , as that our stomacks are replenished with the corruption of these vices ? Now so it is , that willingly , flesh can never refuse these forenamed , but rather still delighteth it self in every one of them ; yea , in them all , as the examples are but too evident . It behoveth therefore , that God himself shall violently pull his children from these venemous breasts , that when they lack the liquor and poyson of the one , they may visite him , and learn to be nourished of him . Oh if the eyes of worldly Princes should be opened , that they might see with what humour and liquor their souls are fed , while that their whole delight consisteth in pride , ambition , and lusts of the stinking flesh . We understand then how God doth visite men , as well by his severe judgements , as by his mercifull visitation of deliverance from trouble , or by bringing trouble upon his chosen for their humiliation : And now it resteth to understand how man visiteth God : Man doth visite God , when he appeareth in his presence ; be it to the hearing of his Word , or to the participation of his Sacraments ; as the people of Israel , besides the observation of their Sabbaths and daily oblations , were commanded thrice a yeer to present themselves before the presence of the Tabernacle , and as we do , and as often as we present our selves to the hearing of the Word ; for there is the footstool , yea , there is the face and throne of God himself , wheresoever the Gospel of Jesus Christ is truely Preached , and his Sacraments rightly ministred . But men may on this sort visite God hypocritically , for they may come for the fashion , they may hear with deaf ears ; yea , they may understand , and yet never determine with themselves to obey that , which God requireth : And let such men be assured , That he ( who searcheth the secrets of hearts ) will be avenged of all such . For nothing can be to God more odious , then to mock him in his own presence . Let every man therefore examine himself , with what minde , and what purpose , he cometh to hear the Word of God ; yea , with what ear he heareth it , and what testimony his heart giveth unto him , when that God commandeth vertue , and forbiddeth impiety . Repinest thou when God requireth obedience ? Thou hearest to thine own condemnation . Mockest thou at Gods threatnings ? Thou shalt feel the weight and truth of them , albeit too late , when flesh and blood cannot deliver thee from his hand . But the visitation ( whereof our Prophet speaketh , ) is onely proper to the sons of God , who in the time when God taketh from them the pleasures of the world , or sheweth his angry countenance unto them , have their recourse unto him , and confessing their former negligence with troubled hearts , cry for his mercy . This visitation is not proper to all afflicted , but appertaineth onely to Gods children : For the reprobates can never have accesse to Gods mercy in time of their tribulation , and that because they abuse as well his long patience , as the manifold benefits they receive from his hands ; For as the same Prophet heretofore saith , Let the wicked obtain mercy , yet shall he never learn wisdome , but in the land of righteousnesse , that is , Where the very knowledge of God aboundeth , he will do wickedly , which is a crime above all others abominable ; for to what end is it that God erecteth his Throne among us , but that we should fear him ? Why doth he reaveal his holy will unto us , but that we should obey it ? Why doth he deliver us from trouble , but that we should be witnesses unto the world , that he is gracious and mercifull ? Now when that men , hearing their duty , and knowing what God requireth of them , do malapertly fight against all equity and justice , what , I pray you , do they else , but make manifest warre against God ? yea , when they have received from God such deliverance , that they cannot deny , but that God himself hath in his great mercy visited them , and yet that they continue wicked as before ; what deserve they , but effectually to bee given over unto a reprobate sense , that headlong they may runne to ruine , both of body and soul ? It is almost incredible that a man should be so enraged against God , that neither his plagues , nor yet his mercy shewed , should move them to repentance ; but because the Scriptures beareth witnesse of the one , and the other , let us cease to marvell , and let us firmly beleeve , that such things as have beene , are even presently before our eyes , albeit many , blinded by affection , cannot see them . Ahab ( as in the book of the Kings it is written ) received many notable benefits of the hand of God , who did visit him in divers sorts ; sometimes by his plagues , sometimes by his word , and sometimes by his mercifull deliverance ; He made him king , and for the Idolatry used by him and his wife , he plagued whole Israel by Famine ; He revealed to him his Will and true Religion by the Prophet Elijah ; he gave unto him sundry deliverances , but one most speciall , when proud Benhadad came to besiege Samaria , and was not content to receive Ahabs gold , silver , sons , daughters and wives , but also required , that his servants should have at their pleasure whatsoever was delectable in Samaria : True it is , that his Elders and people willed him not to hear the proud Tyrant , But who made unto him the promise of deliverance ? and who appointed and put his Army in order ? who assured him of victory ? The Prophet of God onely , who assured him , That by the servants of the Princes of the Provinces , who in number were onely two hundred thirty and two , hee should deface that great Army , in the which there were two and thirty Kings , with all their Forces ; and as the Prophet of God promised , so it came to passe , victory was obtained , not once onely , but twice , and that by the mercifull visitation of the Lord. But how did Ahab visite God again for his great benefit received ? Did he remove his Idolatry ? did he correct his Idolatrous wife Iezabel ? No , we finde no such thing , but the one and the other , wee finde to have continued and increased in former impiety : But what was the end hereof ? The last visitation of God was , That dogs licked the blood of the one , and did eate the flesh of the other . In few words then wee understand , what difference there is betwixt the visitation of God upon the Reprobate , and his visitation upon his Chosen ; the Reprobate are visited , but never truly humbled , nor yet amended ; the Chosen being visited , they sob , and they cry unto God for mercy ( which obtained ) they magnifie Gods Name , and after declare the fruits of repentance . Let us therefore that hear these judgements of our God , call for the assistance of his holy Spirit , that howsoever it pleaseth him to visit us , that we may stoop under his mercifull hands , and unfainedly cry to him when he correcteth us ; And so shall we know in experience , that our cryes and complaints were not in vain . But let us hear what the Prophet saith further . Like as a woman ( saith he ) with child that draweth neer the travell , is in sorrow , and cryeth in her pains , so have we been in thy sight , O Lord , we have conceiv●d , we have born in vain , as though we should have brought forth the wind . Salvations were not made to the earth , neither did the inhabitants of the earth fall . This is the second part of the Prophets complaint in the which he in the person of Gods people complaineth , that of their great affliction there appeared not end . This same similitude is used by our Master Jesus Christ ; for when he speaketh of the troubles of his Church , he compareth them to the pains of a woman travelling in her child-birth . But it is to another end . For there he promiseth exceeding and permanent joy , after a sort , though it appear trouble . But here is the trouble long & vehement , albeit the fruit of it was not suddenly espied . He speaketh no doubt of that long and dolorous time of their captivity , in the which they continually travelled for deliverance , but obtained it not before the compleat end of 70 yeres ; during the which time , the earth , that is , the land of Iuda , which somtimes was sanctified unto God , but was then given to be prophaned by wicked people , got no help , nor perceiving any deliverance : For the Inhabitants of the world fell not , that is , the tyrants and oppressors of Gods people , were not taken away , but stil remained and continued blasphemers of God and troublers of his Church . But because I perceive the houres to passe more swiftly then they have done at other times , I mind to contract that which resteth of this Text into certain points . The Prophet first fighteth against the present despair . After he introduceth God himselfe calling upon his people . And last of all , he assureth his afflicted , that God will come , and require account of all the blood thirsty Tyrants of the earth . First fighting against the present despair , he saith , Thy dead shall live , even my Body ( or with my body shall they arise , ) awake and sing ye that dwell in the dust ; For thy dew is as the dew of herbes . The Prophet here pierceth through all impediments that nature could object ; And by the victory of faith , he overcommeth , not only the common enemies , but the great and last enemy of all , to wit , death it selfe : For this would he say , Lord , I see nothing to thy chosen , but misery to follow misery , & one affliction to succeed another , yea , in the end I see , that death shall devour thy dearest children . But yet , O Lord , I see thy promise to be true , & thy love to remain towards thy chosen , even when death appeared to have devoured them : For thy dead shal live , yea not only shal they live , but my very dead Carcase shall arise ; And so I see honour and glory to succeed this temporall shame , I see joy permanent to come after trouble , order to spring out of this terrible confusion ; and finally , I see that life shall devour death , so that death shall be destroyed , and so thy servants shall have life . This ( I say ) is the victory of faith , when in the midst of death , through the light of Gods Word , the afflicted see life . Hypocrites , in the time of quietnesse and prosperitie , can generally confesse , That God is true in his promises ; but bring them to the extremitie , and there ceaseth the Hypocrite further to trust in God then he seeth naturall means whereby God useth to work : But the true faithfull , when all hope of naturall means faileth , then flie they to God himself , and to the truth of his Promise , who is above nature , yea , whose works are not so subject to the ordinary course of nature , that when Nature faileth , his Power and Promise fail also therewith . Let us further observe , That the Prophet here speaketh not of all dead in generall , but saith , Thy dead , O Lord , shall live : In which words he maketh difference betwixt those that die in the Lord , and those that die in their naturall corruption , and in the old Adam . Dye in the Lord can none , except those that live in him ( I mean those that attain to the yeers of discretion ) and none live in him , but those that with the Apostle can say , I live , and yet not I , but Christ Iesus that dwelleth in me ; The life that I now live , I have by the faith of the Sonne of God. Not that I mean , That the faithfull have at all hours such sense of the life everlasting , that they fear not the death , and the troubles of this life ; no , not so , for the faith of Gods Children is weak , yea , and in many things imperfect : But I mean , That such as in death and after death shall live , must communicate in this life with Jesus Christ , and must be regenerate by the seed of life ; that is , by the Word of the everliving God , which whosoever despiseth , refuseth life and joy everlasting . The Prophet transferreth all the promises of God to himselfe , saying , Even my dead body shall arise ; and immediately after , giveth commandement and charge to the dwellers in the dust , that is , To the dead Carcases of those that were departed ( for the spirit and soul of man dwelleth not in the dust ) That they should awake , that they should sing and rejoyce ; for they should arise and spring up from the earth , even as the Herbs do , after they have received the dew from above . Time will not suffer that these particulars be so largely treated as they ought to be , and as I gladly would ; therefore let us consider , That the Prophet in transferring the Power and Promise of God to himself , doth not vindicate to himself any particular prerogative above the people of God , as that he alone should live and arise , and not they also ; But he doth it , to let them understand , That he taught a Doctrine whereof he was certain , yea , and whereof they should have experience after his death : As if he should say , My words appear to you now to be incredible , but the day shall come , that I shall be taken from you , my Carcase shall be inclosed in the bosome of the earth , and therefore shall ye be led away Captives to Babylon , where ye shall remain many dayes and yeers , as it were buryed in your Sepulchres . But then call to minde , that I said unto you before hand , that my body shall arise : Even so shall ye rise from your graves out of Babylon , and be restored to your own Countrey , and City of Ierusalem . This , I doubt not , is the true meaning of the Prophets . The charge that he giveth to the dwellers in the dust , is to expresse the power of Gods Word ; whereby , he not onely giveth life , where death apparantly had prevailed ; but also by it , he calleth things that are not , even as if they were . True it is , that the Prophet Isaiah saw not the destruction of Ierusalem , much lesse could he see the restitution of it with his corporall eyes ; but he leaveth this , as it were , in testament with them , That when they were in the extremity of all bondage , they should call to minde , what the Prophet of God had before spoken . And lest that his doctrine , and this promise of God made unto them by his mouth , should have been forgotten ( as we are ever prone and ready to forget Gods promises when we are pressed with any sorrow ) God raised up unto them , in the midst of their calamity , his Prophet Ezekiel , unto whom , among many other visions , he gave this ; The hand of the Lord first led him in a place , which was full of dry and dispersed bones . The question was demanded of the Prophet , if these bones , being wondrous dry , should live . The Prophet answered , The knowledge thereof appertained unto God. Charge was given unto him , that he should speak unto the dry bones , and say , Thus saith the Lord God to these bones , Behold , I shall give you breath , and you shall live ; I shall give unto you sinews , flesh , and skin , and you shall live . And while the Prophet spake ( as he was commanded ) he heard a voyce , and he saw every bone joyn in his Marrow ; he saw them covered with flesh and skin , albeit , there was no spirit of life in them . He was commanded again , to speak , and to say , Thus saith the Lord God , Come O spirit from the four quarters , and blow in these that are slain , that they may live . And as he prophesied , the spirit of life came ; They lived and stood , upon their feet . Now doth the Lord interpret what this vision meant , saying , O Son of man , these bones are the whole house of Israel . Behold , they say , our bones are dryed , our hope is perished , we are plainly cut off ; But behold , saith the Lord , I will open your graves , I will bring you forth of them , ye shall live , and come unto the Land of Israel , and ye shall know that I am the Lord. This vision I say , given to the Prophet , and by the Prophet preached to the people , when they thought that God had utterly forgotten them , compelled them more diligently to advert , what the former Prophets had spoken . It is no doubt , but they carryed with them , both the prophesie of Isaiah and Ieremy , so that the Prophet Ezekiel is a Commentary to these words of Isaiah , where he saith . Thy dead , O Lord , shall live , with my body they shall arise . The Prophet bringeth in this similitude of the dew , to answer unto that part of their fidelity , who can believe no further of Gods promises , then they are able to apprehend by naturall judgement ; As he would say , Think ye this impossible , that God shall give life unto you , and bring you to an estate of a Common-wealth again , after that ye be dead , and as it were raced from the face of the earth . But why do ye not consider , what God worketh from yeer to yeer in the order of nature , sometimes ye see the face of the earth decked and beautified with herbs , flowers , grasse , and fruits . Again , ye see the same utterly taken away by storms , and vehemency of the Winter . What doth God to replenish the earth again , and to restore the beauty thereof . He sendeth down his small and soft dew , the drops whereof , in their descending , are neither great nor visible , and yet thereby are the pores and secret veins of the earth , which before by vehemency of frost and cold were shut up , opened again ; and so doth the earth produce again the like herbs , flowers , and fruits . Shall ye then think , that the dew of Gods heavenly grace shall not be as effectuall in you to whom he hath made his promise , as that it is in the herbes and fruits that from year to year buddeth forth and decayeth ? If ye do so , the Prophet would say your incredibility is inexcusable , because ye do neither rightly weigh the power , nor the promise of your God. The like similitude useth the Apostle Paul against such as called the resurrection in doubt , because that by naturall judgement they could not apprehend that flesh once putrified , and resolved , as it were , in other substance , should arise again , and return again to the same substance and nature . O fool ( saith he ) that which thou sowest is not quickned , except it dye , and that which thou sowest , thou sowest not that body that shall be , but bare corn , as it falleth , of wheat , or some other , but God giveth it a body as it pleaseth him , even to every seed his own body . In which words and sentence , the Apostle sharply rebuketh the grosse ignorance of the Corinthians , who began to call in doubt the chiefe article of our faith , the resurrection of the flesh after that it was once resolved , because that naturall judgement ( as said he ) reclaimed thereto . He reproveth ( I say ) their grosse ignorance , because they might have seen and considered some proofe and document thereof in the very order of nature : For albeit the wheat , or other corn cast in the earth , appeareth to die or putrifie , and so to be lost , yet we see that it is not perished , but that it fructifieth according to Gods will and ordinance . Now if the power of God be so manifest in raising up of the fruits of the earth , unto the which no particular promise is made by God , what shall be his power and vertue in raising up of our bodies , seeing that thereto he is bound by the solemne promise of Jesus Christ his eternall wisdom ? And the verity it self that can not lie : yea , seeing that the members must once communicate with the glory of the head , How shall our bodies , which are flesh of his flesh , and bone of his bones , lie still for ever in corruption , seeing that our head Jesus Christ is now exalted in his glory . Neither yet is this power and good will of God to be restrained unto the last and generall resurrection onely , but we ought to consider it in the marvellous preservation of his Church , and in the raising up of the same from the very bottome of death , when by Tyrants it hath been oppressed from age to age . Now of the former words of the Prophet , we have to gather this comfort , That if at any time we see the face of the Church within this Realm so defaced ( as I think it shall be sooner then we look for ) when we shall see , I say , vertue to be despised , vice to be maintained , the verity of God to be impugned , lies and mens inventions holden in authoritie ; and finally , when we shall see the true Religion of our God , and the zealous observers of the same , to be trodden under the feet of such as in their heart say , That there is no God. Let us then call to mind what have been the wonderous works of our God from the beginning , that it is his proper Office to bring forth light out of darknesse , order out of confusion , life out of death ; and finally , that it is he , that calleth things that are not , even as if they were , as before we have heard : And if in the day of our temptation ( which in my judgement approacheth fast ) wee be thus armed , if our incredulity cannot utterly be removed , yet shall it so be corrected , that damnable despaire oppresse us not . But now let us hear how the Prophet proceedeth : Come ( saith he ) thou my people , enter within thy chamber , shut thy door after thee , hide thy self a very little while , untill the indignation passe over . Here the Prophet bringeth in God amiably calling upon his people to come to himself , and to rest with him , untill such time as the fury and sharp plagues should be executed upon the wicked and inobedient . It may appear at the first sight , That all these words of the Prophet in the person of God calling the people unto rest , are spoken in vain ; for we neither finde chambers nor rest more prepared for the dearest children of God ( so far as mans judgement can discern ) then there was for the rebellious and disobedient ; for such as fell not in the edge of the sword , or dyed not of pestilence , or by hunger , were either carryed captives unto Babylon , or else departed after into Egypt , so that none of Abrahams Seed , had either chamber or quiet place to remain within the Land of Canaan . For the resolution hereof , we must understand , That albeit the Chambers whereunto God called his Chosen , be not visible , yet notwithstanding they are certain , and offer unto Gods Children quiet habitation in spirit , howsoever the flesh be travelled and tormented . The chambers are then Gods sure promises , unto the which Gods people are commanded to resort , yea , within the which they are commanded to close themselves in the time of greatest adversitie . The manner of speaking is borrowed from that judgement and foresight , which God hath printed in this our Nature ; for when that men espie great tempests appearing to come , willingly they will not remain uncovered upon the fields , but straightway they will draw them to their houses or holds , that they may escape the vehemency of the same ; and if they fear any enemy to pursue them , they will shut their doors , to the end that suddenly the enemy should not have entry . After this manner God speaketh to his people ; as if he should say , The Tempest that shall come upon this whole Nation , shall be so terrible , that nothing shall appear but extermination to come upon the whole body : But thou my people ( I say ) that hearest my word , beleevest the same , and tremblest at the threatnings of my Prophets , now when the world doth insolently resist , let such ( I say ) enter within the secret Chamber of my promises , let them contain themselves quietly there , yea let them shut the door upon them , and suffer not infidelity , the mortall enemy of my trueth , and of my people that depend thereupon , to have free entry to trouble them ( yea , farther to murther ) in my promise ; and so shall they perceive that my indignation shall passe , and that such as depend upon me , shall be saved . Thus we may perceive the meaning of the Prophet ; Whereof , we have first to observe , That God acknowledgeth them for his people , that are in greatest affliction ; yea , such as are reputed unworthy of mens presence , are yet admitted within the secret Chamber of God. Let no man think that flesh and blood , can suddenly attain to that comfort ; and therefore most expedient it is , That we be frequently exercised in meditation of the same . Easie it is I grant , in time of prosperity , to say , and to think , That God is our God , and that we are his people ; But when he hath given us over in the hands of our enemies , and turned ( as it were ) his back unto us , then I say , still to reclaim him to be our God , and to have this assurance , That we are his people , proceedeth wholly from the holy spirit of God , as is the greatest victory of faith , which over-cometh the world ; for increase whereof , we ought continually to pray . This doctrine we shall not think strange , if we shall consider how suddenly our spirits are carryed away from our God , and from believing his promise , so soon as any great temptation doth apprehend us , then begin we to doubt , If ever we beleeved Gods promises , if God will fulfill them to us , if we abide in his favour , if he regardeth and looketh upon the violence and injury that is done unto us , and a multitude of such cogitations , which before lurked quietly in our corrupted hearts , burst violently forth when we are oppressed with any desperate calamity . Against the which , this is the remedy , once to apprehend and still to retain , God to be our God , and firmly to believe , that we are his people whom he loveth , and will defend , not onely in affliction , but even in the midst of death it self . Secondly , let us observe , That the judgements of our God , never were , nor yet shall be so vehement upon the face of the earth , but that there hath been , and shall be , some secret habitation prepared in the sanctuary of God , for some of his chosen , where they shall be preserved untill the indignation passe by , and that God prepareth a time , that they may glorifie him again , before the face of the world , that sometimes despised them ; And this ought to be unto us no small comfort in these appearing dangers , to wit , that we be surely perswaded , That how vehement soever the tempest shall be , that it yet shall passe over , and some of us shall be preserved to glorifie the name of our God , as is aforesaid . Two vices lurke in this our nature ; the one is , That we cannot tremble at Gods threatnings , before that the plagues apprehend us , albeit , that we see cause most just , why that his fierce wrath should burn as a devouring fire . The other is , That when calamities before pronounced , fall upon us , then begin we to sinke down in despair , so that we never look for any comfortable end of the same . To correct this our mortall infirmity in time of quietnesse , We ought to consider what is the justice of our God , and how odious sin is . And above all other , how odious Idolatry is in his presence , who hath forbidden it , and who hath so severely punished it in all ages , from the beginning ; And in the time of our affliction we ought to consider , what have been the wondrous Works of our God , in preservation of his Church , when it hath been in uttermost extremity : For never shall we finde the Church humbled under the hands of Traytors , and cruelly tormented by them ; but therewith , we shall finde Gods just vengeance to fall upon the cruell persecuters , and his mercifull deliverance to be shewed to the afflicted : And in taking of this tryall , we should not onely call to minde the Histories of ancient times , but also we should diligently mark what notable Works God hath wrought even in this our age , as well upon the one , as upon the other . We ought not to think that our God beareth lesse love to his Church this day , then that he hath done from the beginning : For as our God in his own nature is immutable , so remaineth his love towards his elect , alwayes unchangeable ; For as in CHRIST JESUS he hath chosen his Church , before the beginning of all ages , so by him will he maintain and preserve the same unto the end . Yea , he will quiet the storms , and cause the earth to open her mouth , and receive those raging flouds of violent waters , cast out by the Dragon , to drown and carry away the woman which is the spouse of Jesus Christ , unto whom , God for his own Names ●ake , will be the perpetuall Protector . This saw that notable servant of Jesus Christ , Athanasius , who ( being exiled from Alexandria by that blasphemous Apostata Iulian the Emperour ) said unto his flock , who bitterly wept for his envious banishment ; Weep not , but be of good comfort , said he , For this little cloud will suddainly vanish . A little cloud , he called both the Emperour himself , and his cruell tyranny ; And albeit , That small appearance there , was of any deliverance to the Church of God , or yet , of any punishment , to have apprehended the proud tyrants , when the man of God pronounced these words , Yet shortly after , God did give witnesse , That those words did not proceed from flesh , nor blood , but from Gods very spirit . For not long after , being in warfare , he received a deadly wound , whether by his own hand , or by one of his own souldiers , the Writers cleerly conclude not , But casting his own blood against the Heaven , he said , Vicisti tandem Galilee , That is , At last thou hast overcome thou Galilean ; So in despite , he termed the Lord Jesus , and so perished that tyrant in his own iniquity ; The storm ceased , and the Church of God received now comfort . Such shall be the end of all cruell persecuters , Their raign shall be short , their end miserable , and their name shall be left in execrations to Gods people ; and yet shall the Church of God remain to Gods glory , after all storms . But now shortly , let us come to the last point . For behold ( saith the Prophet ) the Lord will come out of his place to visit the iniquitie of the Inhabitants of the earth upon them , and the earth shall disclose her blood and shall no more hide her slain ; because that the finall end of the troubles of Gods Chosen shall not be before that the Lord Iesus shall return to restore all things to their full perfection . The Prophet bringeth forth the Etenall God , as it were from his owne place and habitation , and therewith sheweth the cause of his coming , to bee , That hee might take account of all such as have wrought wickedly ; for that he meaneth , where he saith , Hee will visit the iniquity of the inhabitants of the earth upon them . And lest that any should thinke , That the wrong doers are so many that they cannot bee called to an account , he giveth unto the earth ( as it were ) an Office and charge to beare witnesse against all those that have wrought wickedly , and chiefly against those that have shed innocent blood from the beginning ; and saith , That the earth shall disclose her blood , and shall no more hide her slain men . If Tyrants of the earth , and such as delight in the shedding of blood should be perswaded that this sentence is true , they would not so furiously come to their own destruction ; for what man can be so enraged , that he would willingly do even before the eyes of God , that which might provoke his Majestie to anger , yea , provoke him to become his enemy for ever , if that he understood how fearfull a thing it is to fall into the hands of the living God ? The cause then of this blinde fury of the world , is the ignorance of God , and that men think that God is but an Idoll , and that there is no knowledge above , that beholdeth their Tyranny ; neither yet Justice that will , nor power that can represse their impiety ; but yet the Spirit of truth doth witnesse the contrary , affirming , That as the eyes of the Lord are upon the just , and as his ears are ready to receive their sobbing and prayers , so is his angry visage against such as work iniquitie , he hateth and holdeth in abomination every deceitfull and blood-thirsty man , whereof he hath given sufficient document from age to age , in preserving the one , or at least in revenging of their cause , and in punishing of the other . Where it is said , That the Lord will come from his place , and that he will visit the iniquity of the inhabitants of the earth upon them , and that the earth shall disclose her blood , we have to consider , what most commonly hath been , and what shall be the condition of the Church of God , to wit , That it is not onely hated , mocked , and despised , but that it is exposed as it were , in a prey , unto the fury of the wicked ; so that the blood of the Children of God , is spilt like unto water upon the face of the earth . The understanding whereof , albeit it be unpleasant to the flesh , yet to us it is most profitable , lest that we seeing the cruell entreatings of Gods servants , begin to forsake the Spouse of Jesus Christ , because that she is not so dealt withall in this unthankfull world , as the just and upright dealing of Gods Children do deserve : But contrariwise , for mercy they receive crueltie ; for doing good to many , of all the reprobate they receive evill : And this is decreed in Gods eternall Councell , that the members may follow the trace of the head , to the end that God in his just judgement should finally condemne the wicked ; for how should he punish the inhabitants of the earth , if their iniquitie deserved it not ? How should the earth disclose our blood , if it should not bee unjustly spilt ? Wee must then commit our selves into the hands of our God , and lay downe our neckes , yea , and patiently suffer our blood to bee shed , that the righteous Judge may require account , as most assuredly hee shall , of all the blood that hath been shed , from the blood of Abel the just , till the day that the earth shall disclose the same ; I say , every one that sheddeth , or consenteth to shed the blood of Gods Children , shall be guilty of the whole : So that all the blood of Gods children shall crie vengeance , not onely in generall , but also in particular , upon every one that hath shed the blood of any that unjustly suffered . And if any thinke it strange , that such as live this day , can be guilty of the blood that was shed in the dayes of the Apostles , let them consider , that the verity it selfe pronounced , That all the blood that was shed from the dayes of Abel , unto the dayes of Zacharie ; should come upon that unthankfull generation , that heard his Doctrine , and refused it . The reason is evident , for as there is two heads and captains that rule over the whole world , to wit , Jesus Christ , the Prince of Justice and Peace ; and Sathan , called the Prince of the world ; so are they but two Armies that hath continued battell from the beginning , and shall fight unto the end : The quarrell is one which the Armie of Jesus Christ do sustain , and which the reprobate do persecute , to wit , The eternall truth of the Eternall God , and the Image of Jesus Christ printed in his Elect , so that whosoever in any age persecuteth any one Member of IESUS CHRIST , for his Truths sake , subscribeth as it were , with his hand , the persecution of all that have passed before him . And this ought the Tyrants of this age deeply to consider , for they shall bee guilty , not onely of the blood shed by themselves , but of all ( as is said ) that hath been shed for the Cause of Jesus Christ from the beginning of the world . Let the faithfull not bee discouraged , although they bee appointed as Sheepe to the Slaughter-house , for hee , for whose sake they suffer , shall not forget to revenge their cause . I am not ignorant , That flesh and blood will thinke that kinde of support too too late , for wee had rather bee preserved still alive , then to have our blood revenged after our death ; and truely if our felicitie stood in this life , or if death temporall should bring unto us any damage , our desire in that behalfe were not to bee disallowed or condemned ; But seeing that death is common to all , and that this temporall life , is nothing but miserie , and that death doth fully joyne us with our God , and giveth unto us the possession of our Inheritance , why should we thinke it strange to leave this world , and go to our Head and Soveraign Captain Jesus Christ ? Lastly , we have to observe this manner of speaking , where the Prophet saith , that The earth shall disclose her blood : In which words the Prophet would accuse the crueltie of those that dare so unmercifully and violently force from the Breasts of the Earth , the dearest Children of God , and cruelly cut their Throats in her bosome , who is by God appointed the common mother of mankinde , so that she unwillingly is compelled to open her mouth and receive their blood . If such Tyrannie were used against any naturall woman , as violently to pull her infant from her Breasts , cut the Throat of it in her own bosome , and compell her to receive the blood of her deare Childe in her owne mouth , all Nations would hold the fact so abominable , that the like had never been done in the course of nature ; no lesse wickednesse commit they that shed the Blood of Gods Children upon the face of their common mother the earth ( as I said before : ) But bee of good courage ( O little and despised Flock of Christ Jesus ) for hee that seeth your griefe hath power to revenge it , He will not suffer one teare of yours to fall , but it shall bee kept and reserved in his Bottell , till the fulnesse thereof bee poured downe from Heaven upon those that caused you to weep and mourne ; this your mercifull God ( I say ) will not suffer your blood for ever to be covered with the earth , nay , the flaming fires that have licked up the blood of any of our Brethren , the earth that hath beene defiled with it , I say , with the blood of Gods Children ; for otherwise , to shed the blood of the cruell blood-shedders , is to purge the land from blood , and as it were to sanctifie it ; The earth ( I say ) shall purge her selfe of it , and shew it before the face of God ; yea , the Beasts , Fowls , and other Creatures whatsoever , shall be compelled to render that which they have received , bee it Flesh , Blood or Bones that appertained to thy Children , O Lord , which altogether thou shalt glorifie , according to thy promise made to us in our Lord and Saviour IESUS CHRIST thy welbeloved Sonne , to whom with thee and the Holy Ghost be honour , praise , and glory for ever and ever . Amen Let us now humble our selves in the presence of our God , and from the bottome of our hearts , let us desire him to assist us with the power of his Holy Spirit , that albeit for our former negligences God giveth us over into the hands of other then such as rule in his fear , that yet he letteth us not forget his mercy , and that glorious Name , that hath beene proclaimed amongst us ; but that wee may look thorow the dolorous storm of his present displeasure , and see as well what punishment hee hath appointed for the cruell Tyrants , as what reward hee hath laid in store for such as continue in his fear to the end ; That it would further please him to assist . That albeit we see his Church so diminished , that it appear to bee brought ( as it were ) to utter extermination , that wee may be assured , that in our God there is great power and will , to increase the number of his Chosen , untill they bee enlarged to rhe uttermost parts of the earth : Give us ( O Lord ) hearts to visite thee in time of affliction , and albeit we see no end of our dolours , yet our faith and hope may conduct us to the assured hope of that joyfull resurrection , in the which wee shall possesse the fruit of that for which now we labour : In the mean time , grant unto us ( O Lord ) to repose our selves in the sanctuary of thy promise , that in thee we may finde comfort , till that this thy great indignation ( begun amongst us ) may passe over , and thou thy selfe appear to the comfort of thy afflicted , and to the terrour of thine and our enemies . Let us pray with heart and mouth . Almighty God and mercifull Father , &c. Lord into thy Hands I commend my spirit , for the terrible roaring of Gunnes and the noise of Armour do so pierce my heart , that my soule thirsteth to depart . The last day of August 1565. at four of the Clock in the Afternoon , written indigestly , but yet truly so farre as memomory would serve , of those things that in publike I spake on Sunday , August 19. for the which I was discharged to preach for a time . Be mercifull to thy Flock , O Lord , and at thy good pleasure put end to my misery . JOHN KNOX . FINIS . Notes, typically marginal, from the original text Notes for div A47584-e2960 Scoti ex discipulis Joannis Apostoli Christianismum edocti sunt . Buch. Lib. 5. Multi ex Britonibus Christiani saevitiam . Domitiani metuentes in Scotiam commigrarunt , è quib is complures doctrina & vitae integritate clari in eâ . subsisterunt . Buch. Lib. 4. E●angelium fuit diffusam in omnes orbis partes , etiam in Britanniam usque , eamque insulae partem , ad quam Romanae vires nunquam penetr●rum . Tert. lib. contra Judaeos . Antoninus Pius Britannos vicit , alio muro c●spicio submotis Barbaris ducto . Jul. Cap. Britanniam , muro per transversam insulam ducto , utrumque ad finem Oceani munivit . Adrianus murum primus ducit , qui Barbaros Romanósque dividit , Aelius Spartianus . Venit & extremis legio praetenta Britannis , Quae Scoto dat froena truci , id est , opposita Scotis , quae eorum furorem a Britannis propelleret in extrem● limite Britanniae & Scotiae , ut explicat Buchan . Lib. 1. nolo●aesar ●aesar esse , ●mbulare per Britannos , & Sc●●ic●● pati pricinas , Inque Ca●edonis posuit qui castra pruinis , Scythae dudiverunt , sed nunquam senserun● arma Romannorum . Britannia & Scoticae gentes Mosem & Prophetas nondum cognoverant . Ille Britannos ultra noti littora ponti , & Caeruleos Scoto-Brigantes dare Romuleis colla catenis jussit . In quibus Buchan . lib. 2. Et Salmasius in Plinium . Ex coloribus maxime purpureo & Cerulaeo delectautur prisci Scoti . Mamertinus in Panygyrico ait , Britones habuisse bellae contra Scotos & Pictos , ante Jul. Caes. Buchan . lib. 2. Ejus partes habitatores saepius a Britannis scriptoribus Britones quàm Brit●nni nominatur . Buc. l 2. Nomen Scotus erat commune omnibus gentibus quae excursionibus loca populi Romanae infestabant . Scal. in Euse. Sic vocat eos Beda modò transmarinos modò peregrinos Quod etiam notat Buch. Scoti dicuntur non solum Brigantes qui ex Hiberu . in Britanniam transmiserunt , sed etiam indigena Britanni veri Picti , Sermone prorsus a Brigantibus discreti . Scal. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Strab. lib. 11. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Strab. lib. 11. Hence they are 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Scythae ab alieno imperio aut intacts , aut invicti . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Sola manet invicta Britannia Scotis . Gens laboribus & bellis aspera . 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 . Vide Sal. pag. 321. in Plin. Hesychius explicat , 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , ubi lego 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , non 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 ut vulgò legitur . Vide sis Ptolomaei Tabulam primam Europae ; Et Ortelii tertiam : qùas conferas veii● ▪ Scoto-Brigantes primò ex Hibernia in Aebudas insulas & Montana continentis his proxima venerunt sine certo Imperio : deinde accersiverunt Fergusium cum novis Colonis cum res eorum crevissent , quem in Regem sibi sumpserunt . Ab Hibernia Scotici generis fuere Brigantes qui circa Eboracum habitabant , magna & valido natio , ac totius insulae latitudinem obtinebant . Buch. Britannia modò nomen totius insulae , modò partis ejus quae Romanis fascibus parebat eāque pars nunc Humbro , nunc vallo ad ●inam , nunc vallo ad Fortham finiebatur . Iohannes Forderus , in his 2 Book , 7 ch . of his Scoti-Chronicon , tells us , That Albania , that is , Albion , began for a time at Humber , then at Tyne , then at Forth . Nomen insulae ab Albo ductum Albion , in Scotia velut in natali solo haeret . Buch. In Albio sunt Brigantes Ptolomae . Tacitus , & Seneca . Brigantes circa Eboracum fuerunt Scotici generis , magna & valida natio . Buch. Florente tum Imperio Romano Brigantes in Albium trajecerunt . Deind post aliquot aetates domo pulfi in Hiberniam redierunt , unde majore cum numero duce Reuda in Albium reversi sunt . Quinte Caledonios iterum visure Britannos . Hiberniam nominatam Scotiam a mediae aetatis scriptoribus observaevit Ortelius in Geographia . Videsis Hermolaum Barbarum in Plinium , & Vadianum , in Solinum . Scotus non est nomen Hibernicum , sed Britannicum . In no Language are the Greek Authors so well turned , as in French. Terra virorum f●rtium quam frugum feracior Culdei vitam solitariam tanta sanctitatis opinione apud omnes vixerunt , ut vitâ functorum Cellae in Templa quum mutarentur ; & inde consuetudo apud posteros mansit , ut prisci Scoti Templa Cellas vocent . Buch. Veteres Scotorum Episcopie monasteriis electi , cum adhuc non honoris & ●ncri , sed sanctitatis & doctrinae inter cos certamen esset , sine invilia & aemulatione partium ubicunque obvenerat occasio suum munus obibant , nullis adhuc regionibus desinit●● , cum nondum finctio muneris ecclesiastici esset questuaria . Buch. Scotiae tunc temporis sanctissimorum fertilis virorum . Buc. l. 3. In Eugen. r Ceditur Palladius primos Episcopos in Scotia creasse , nam ad id usque tempus Ecclesiae absque Episcopis per Monachos regebantur ; minore quidem cum fastu & externa pompa , sed majore simplicitate & sanctimonia . Lib. 7. Cap. 128. Erat Palladius primus omnium qui sacrum inter Scotos egere Magistratum , a summo Pontifice Episcopus creatus , quum antea populi suffragiis ex Monachis elegerentur . Lib. 2. cap. 2. Ante Palladium per Sacerdotes & Monachos , sine Episcopis ▪ Scoti in fid● crudiebantur . Lib. 4. in Eugenio 2. Apud nos non nisi Monachorum suffragiis Episcopi designabantur . Lib. 3. Cap. 8. Ante Palladii adventum habebant Scoti fidei doctores , as Sacramentorum administratores presbyteros solummodo , vel Monachos , ritus sequentes Ecclesiae primitivae . In glossa De●●eti , Distinct. 93. Cap. Legimas . In prima primitiva Ecclesia commune erat Episcoporum & Sacerdotum officium , & nomina erant communia , & officia communia : sed in secunda primitiva Ecclesia caeperunt distingui & nomina & officia . Centur. 14. Cap. 6. Ante Palladium Scoti habebant fuos piscoposac Ministros ex Verbi divini Ministerio plebiū suffragio electos , juxta morem Asianorum : sed haec Romanis Asianorum osoribus non placebant . Ad annum 424. Scoti primum Episcopum a Celestino acceperunt . Ad annum 436. Ad Scotos Pontifex Celestinus Palladium mi●it Episcopum . Ad Scotos in Christum credentes ordinatur a Papa Celestino Palladius , & primus Episcopus mittitur . Lib. 1. Palladius ad Scotos in Christum credentes a Pontifice Romanae Ecclesiae Celestino primus mittitur Episcopus . See the Breviate of the Prelats by Huntley . 1637. Nunc in opprobrium Christianorum haec festa celebrantur . Colmannus & complures alii , qui maluerunt optione data loco ceders , quam ritus Romanae ecclesiae recipere . Read a Treatise , written in Laetine , 1546. and dedicated to the King by Iohn Dickinson , De Supremo & absoluto Principis Imperio . Read William Wraghton his Treatise , called the Romish Fox , written in English , and dedicated to King Henry , 1543. Read Matthew Paris in Henry the third . Domino Deo qui nostri . You may see Pope Boniface his Letter to King Edward , and to the Bishop of Canterbury for the time , in Iohn Fordon his Scoti-Chronicon . Notes for div A47584-e17350 Robert the third . 1422. Iames the first . 1431. Paul Craw burnt with a ball of Brasse in his mouth . Iames 4. 1494. 30 Persons accused . The Professors of the Tru●th at the first b●ginning of the Reform●tion were called in our Iland Lo●lards from on a g●dly man in this Iland named ●o●ard , w●o was ●n● of the first Teachers of the True●h : what other names they had ●lsewh●re , s●e the History of the Albigo●s , Lib. 1. cap. 3. Where you may see what accusations , and calumnies was made against these poor people . Conferre this 4. Article with the 16. Article . The Pope did bethink himself at last ●o subject Princes unto him , by this tye of invented unction . * Although the Temple be set a part for divine service , yet we are not so tied to the place as the Iews were , yea , not so much as the Rominists would have us to be , according to that of S. Ioh 21.22 23 for wheresoever 2 or 3 are gathered together in my N●●●r , I am in the midst of you . * Witnesse the Princes and people , that the Pope put to the Interdict without cause , to say nothing of private persons . * So that many do think it a liberty of Religion to swear and curse . * Witnesse the divorce of Mary Stuart , daughter to James 2. from her lawfull husband Tho. Boyde , and ma●ried to Iames Hamilton● Also of Mary , mother to Iames 5. who married after K. Iam. the fourths death , Ar●hibald Douglas Earle of Angus , & was divorced from him , and married to Henry Stuart , Lord Meffen . Adam Reade , his bold a●d godly answer . Note . 1500. 1513. 1527. Brothers son to Iames Hamilton Earle of Arran and sisters son to Iohn Stuart Duke of Althai . A Dominican Frier . Note how Church-men rules the good nature of the Prince . Frier Campbell apostate . M●ior . Deu● . 6. Matth. 12. Minor. 1. Joh. 4. Conclusio . Matth 7. Rom. 13. Galat. 5. Maior . Rom. 13. Minor. Joh. 19. Conclusio . Christ is the end and fulfilling of the Law to every one that believeth Rom. 10.14 . Rom. 3. Rom. 7. Gospel , quasi Godspel , that is Gods word , but ordinarily it is taken from that part which we call Evangel , that is , Good tidings , otherwise , Gospel , quasi Goodspel , that is , Good words , and so , Good tidings . Gen. 15. Joh. 5. Jam. 1. Rom 14. Heb 11. Heb. 11. Rom 8. Rom. 4. Rom. 4. Abac. 2. Rom. 1. Joh. 6. 1 Joh. 5. Act. 10. Rom. 10. Joh. 3. Gal. 3. Matth. 19. Joh 9. Joh. 20. Mark 16. Matth. 28. Psal. 117. 1. Tim. 6. This 〈…〉 derstood of circumstance of worldly m●n , and not of them of God for the neerer that me● draw to God , we are bound 〈◊〉 more to love them . Galat. 3. Matth 13. Matth. 7. Note . Note . Note . Quaere . Answer . Note . Note . Here you see verified , Cinis Martyrum , semen Ecclesiae . M. Gawyn Logy . Munks Preach Bishops devices M. Iohn Mair , whose History of Scotland we have , &c. He wrote upon the 4 Evangelists , &c. Arithe his Sermon . False Miracles . Alexander Furrour his Examination before the Bishops . Alexander Seton , a black Frier . Note . Note . Iames the fifth . Note . Ale●ander Seton his Letter . There was another Frier Forrest hanged in Smithfield , 1538. Note . For 10 yeers the persecution ceaseth . 1534. 1538. The civil troubles give some rest to Gods flock f●r a time . Note . Macdowel . Alaesius . John Fyfe . Machabeus . Note . 1534. This yeere was Lawes made against the Reformation , the Pope having sent to Scotland a Legat the yeere before . 6 Accused for Heresie . Note . 2 Gentlemen Straton and Gow●ley burnt . See how the Bishops did intrench upon the good disposition of the King , and his Soveraigne . 1534. Burning of the Bill was a signe of recantation . 1537. L●sly writes this done ▪ 1540. Iohn Berthwick fled into England , from whence Henry sent him into Germany to the Protestant Princes . Foure burnt . 1538. 1539. Ieremie Russell . Alex. Kennedie . Kennedie his thanks to God. His speech to the Judges . Note . Sir Iames Hamilton said , That God had justly brought him to that , because he had offended often , to gain the King favour , by unjust ways . Note . George Buchanan by the Kings c●mmand , then angry with the Friers , did write this Satyre against them . who thereafter having made their peace with the King , would not be appeased with G●orge Buchanan whom the king gave over to their importunity and so he was put in prison . The Earle of Gleaverne his verse upon the Gray Friers . The Church-men ingage the King to warre against his Uncle . Halderig Read. England called Hereticke , b●cause it renounced the Pope . Note . All hallow tyde Fallow Reade . Note . The Lords answer to the Kings desire . Note . Note . Note . An answer worthy of a Prince . By this answer you may see how good this Prince had bin if 〈◊〉 C●urch m●n and flatter●●s ●ad not abused him . Abused Prince by Prelats . So the evil advised Prince gave himselfe over to the false Prop●ets , I meane , the Prelats . The Reade of Holway masse by Oliver Sinclar . Wha●ton was then Warden in these parts . Stratageme . Note . Note . Oliver compared to Benhadad against Samaria . 2 King. 20. 300 men put to flight 10000 Others say , at Carlave●ok , neer by the place where the defeat was given , called Sob●●y Mosse : The King foretells his own death . Reginae Nativitas . Mark the Queens mourning for the King. Others stick not to say , That the King was hastned away by a Potion . Levit. 12. Regis exitus . Divers Charact●rs of the late King arise post fun●ra virtu● Character of the Hamiltons . Note the reasons why the Earle of Arran was thus favoured by the Countrey . 1543 Note Frier Scot. The Cardinal taken . 1543. An Act of Parliament for reading of the Scripture . Note the hypocrisie of worldlings . So long as men follow God , they are blessed Nothing could be said against the lawfulnesse of Edwards birth . Katharine of Spaine and Anne Bullen being dead before his mother was married to his father . Note well ▪ The Queenes marriage the second time ratified . He was before sometimes called Cunningham , sometimes Colwan , so uncertaine was it who was his father . Note . Note . This is the Prelats language . The Governour violated his faith , refused God , and took absulution of the devil , renouncing his Religion in the gray Friers . All this was then said by the Cardinall , Penes authorem fides est● . Note the device of the wicked to set men by the 〈◊〉 1543 Note . * And many trod under foot died . Note . As they went to Dundie ▪ they said they were going to burne the readers of the new Testament ; and that they would stick to the old ; for Luther said they had made the new , Note . A woman and her childe put to death because she prayed not to the Virgin Mary . Men put to death for eating a Goose upon Friday . Iohn Roger , a black Friet , murthered . 1544. The English Army arrived in Scotland . Note . Endinburgh burnt and spoiled by the English. Note . 1544. Lorge cometh to Scotland 1545. Note . The character of Hamilton . Note . George Wischarde Note a fals● brother . M. Wischard his words in Dundie . The Bishops Sermon . Note . Note M. Wescharde his zeale to gain soules . A Priest appointed by the Cardinall to stab M. George Wischarde . The second attempt of the Cardinall for the killing of M. George Wischarde . Note the spirit of Prophesie . Prophesie spoken by Master George Whischarde of the Church of Scotland . Note the resolution of a Preacher . Two gray Friers . Vengeance against Hadington . Master Wischarde taken at Ormeston . Note . He means Gods people . The Lord Bothwels promise . M Georges words to the Earl Bothwell . 1546. Note . The proud Cardinall , and the glorious foole Dumbar . A question worthy of such two Prelats . 1546. Who was a learned man and heartily favoured the pure Religion , in secret . Bona heresios definitio , &c. Note the cause of Heresie . The Proofe of Heresie . Note . Note . Note . Note . Note . Note this against the legality of the Bishops . Note . This was Fri●● Scot. Note . Note . Note . 1566 1546. How the Cardiall was occupied the night before that in the morning he was slain . The Cardinals demand . The Cardinals confession . The fact and words of Iames Melvin . The Cardinals last words . Advertisement to the Reader . Note . The Bishop of S Andrews was glad , and yet made himselfe to be angry at the slaughter of the Cardinall . Upon what conditions King Henry took the castle of S. Andrews into his protection . The first ●iege lasted from August to January . 1547. Iohn Knox goes into the Castle of S. Andrews . * Sir David Lindsay King of Armes then , who fore the time had good light both in Divine and Humane knowledge , as his works tell us . The first Vocation by name of Iohn Knox. Dean Iohn . Annan . The offer of Iohn Knox first and last unto the Papists . The first publike ●reaching of Iohn Knox , made in the Parish Church of S. Andrew●● . Contra Dei Spiritu● ad G●lat . cap. 2 v●r 17. & 11. Note . The great word● which Ant. christ speaketh . Iohn Knox had been disciple in his first yeers to Iohn Maire , Note . Note . Optima Collatio . Deut. 4. Note . Psal. 26.5 . Frier Arbucki●ls proofe of Purgatory . The cause of the inserting of this Disputation . The practises of Papists , that their wickednesse should not be disclosed . The protestation of Iohn Knox. M. Iames Balfoure once joyned with the Church , and did professe all Doctrine , taught by Iohn Knox. Filius sequitur patris iter . The rage of the marked beasts at the Preaching of the Truth . The first coming of Galleys ▪ Anno 1547. And the second Siege of the Castle The treasonable act of the Governour , and Queen Dowager . Note . The answer given to the Governour , when the Castle of S. Andrews was required to be delivered . The Gunners goddesse . Commonly called , The old Colledge . The sentence of Knox●o ●o the Castle of S. Andrews b●●fore it was won . Note . King Henry of England being dead . Prior of Cappua Leon St●ozi . The Castle of S. Andrews refused in greatest extremity to treat with the Governor , fearing the cruelty of his weak nature , in revenging the death of his Cousin the Cardinall . Nulla fides Rogni Socii , &c. Pinckey Cl●●ch . Duke of Sommerset . The security of the Scotishmen at Pinckey Clewch . Fridays chase . Brags . The repulse of the Horse-men of England . Note . Note . Note . Note . 1549. The Parliament at Hadington . Note . The Dukes fact and what appeareth to follow thereof . Experience hath taught , and further will declare . The siege of Hadington . Tuesdayes chase . Note . The slaughter of the Captain of the Castle of Edinburgh . Hadington almost surprised by the French. The recovery of the Castle of Home . The death of the Laird of Raith . The entertainment of those of the Castle of S. Andrews , during their Captivity . Note . Note . Note . This book was printed 1584. at Edinburgh , by Tho. Vtro●●● . A merry fact . Note . Jerem. 10. Note . Quamvis multa sunt justorum mala &c. Note diligently the Prophesie . Iohn Knox his answer and counsell to the captives . Le jour de Roys au soir quand els erient le Roy boit . The escaping of William Kirkcaldie and of his fellows forth of Mount Saint Michell . Note . To shew what is contained in this Admonition , we have caused it to be printed at the end of this History . 1550 Note . Note diligently . The slaughter of that villain Davie . The rulers of anno●566 ●566 . and their prediction . Note . The accusation of Adam Wallace and his answers . The Papisticall manner of accusation . Note . Adam Wallace his accusations and answers . Note . Protestation of the Earle of Glencarne . Note . The death and vertues of Edward the sixth . Who first after the death of King Edward began to preach in Scotland . Elizabeth Adamson , and her death . Note . Note . Note . Note diligently . Masse abhorred . Note . 1555. Note . You will finde this Appellation at the end of this book . War against England by the meanes of the Queen Regent . A calfe with two heads . The fact of the Nobility of Scotland , at Maxwel Hewcht The second return of Iohn Willock to Scotland . Lord Seton an Apostata . The abolishing of Images , and trouble therefore . The Preachers summoned . The practice of Prelats , and what thereof ensued . The bold words of Iames Chalmers of Gaithgyrth . O crafty flatterer ! The command of the Bishop The answer of Edinburgh . Edinburgh appealeth from the sentence of the Bishop of S. Andrews . Triumph for hearing of stock Gyle . The down casting of stock Gyle , and the discomfiture of Baals Priests . A merry English-man . Note . The death of the Bishop of Galoway , and his last confession . Qualis vita , finis ita . The Vow of that marked beast Dury , B. o● Galloway . The death of M David Panter . The death of the Bishop of Orknay Reid , & ● Orknays answer and his friends home . Note . The Queen Regents sentence of the death of her Papists . Dean of Lestarrige hypocrite began to preach . M. David Panters counsell 〈◊〉 his forsworne brethren the Bishops . The second Vocation of Iohn Knox , by Letters of the Lords . Note . Note . Let the Papists themselves judge of what spirit these sentences could proceed . The duty of the Nobility . The letter lost by negligence and troubles . God grant that our Nobility would yet understand . Note . The first Covenant of Scotland . 1557 Those that then did oppose Popery , were called the Congregation . Note . The Earl of Argyle the first man in this Covenant . The third Vocation of Iohn Knox , by the Lords and Churches of Scotland . Flesh & blood is preferred to God with the Bishop . Note . Note diligently . Note . Note the Earl of Argyle his Testament . Note . Here is one Solecisme in State expression , newly invented by the Court Parasites . Note . To call the Crowne Matrimoniall , is an absurd Solecisme , newly then invented at Court. Notes for div A47584-e52890 Note . And now in these later days it hath pleased God in his goodnesse to grant the pure and Primitive Discipline also unto the Church of Scotland . The first dou●t . The second . Note . Scriptures answering the doubts . This was called the privie Church . Iohn Willocke . The Laird of Calder , elder . The tyrannie of the Clergy Note . The Petition . The offer . The practise of Satan . Disputation with condition The offer of the Papists . The grant of the Queene Regent . The apprehension of Walter Mill. 1558. Note . The hypocrisie of the Queene Regent . Protestation . Let the Papists observe . Note . Letters to Iohn Calvine . Blasphemy . Note . She had gotten her lesson from the Cardinall . Forefather to the now Earle of Lowdone , Chancellor . Queen Regents answer . S. Iohnston embraced the Gospel . Lord Ruthuens answer . 1559 The first assembly at S. Iohnston . The Laird of Dun , stayed the congregation , and the Preachers . Note . 1559 Note . At this time the Professors of the Gospel were called the Congregation . The taking down of the F●iers in Saint Iohnston . Note . The Gray Friers their provision . Note . Note . A godly vow . The complaint of the Queene Regent . Note . Note . Note . O where is this fervencie now ? O would God that the Nobility should yet consider . The first of the Nobility . The constant request of the Protestants of Scotland . Note the duty of Noblemen . Note . Probation against the Papists . Against such as under colour of authority persecute their brethren . Difference betwixt the person and the Authority . Note . Note diligently . Pharaoh his fact Note . The fact of King Saul . The second sort of the Nobility . Note . Let both the one part and the other judge if God have not justified the cause of the innocents . From whence this courage did proceed the issue did declare . Note . The Earle of Glencarne his resolution . Speakers sent by the Queene to S. Iohnston . Note the answer . The false suggestion of the Queen Regent Let the Papists rather ambitious Romanists , judge . The diligence of the Earle of Glencarne , and of the brethren of the wast , for the relief of S. Iohnston . The Petition of the Protestants , for the rendering of S Iohnston . The answer of the Earle of Argyle and L. Iames , Prior of S. Andrews . The promise of the foresaid . Note . 1559 The first slaughter at the entry of the French-men . Idolatry erected against the appointment . Against the appointment the second time . Second answer of the Queen Regent . The third an●wer . The departure of the Earle of Argyle , and Lord Iames from the Queen Regent . The answer the Earle of Argyle . The Bishops good minde towards Iohn Knox. Iohn Knox his answer to the Lords , and the rest of the brethren . The Reformation of S. Audrews . For the old Earle of Argyle was dead . Cowper-Moore . M. Gawin Hamiltons Vow . First answer at Cowper-moore . The second answer . The delivery of S. Iohnston . The summoning of S. Iohnston . Communing at S. Iohnston . Huntly . The Bishop of Murray . The destruction of Scone . The cause of the burning of Scone . Speaking of an ancient matron when Scone was burning . The taking of Stirlin . Lord Shaton . The coming of the Congregaon to Edinburg . Let the Reader marke how this agrees with our time . The third Letter to the Queen Regent . The craftines of the Queen Regent may yet be espied . 1559. Accusations . Mark the craftie calumnies . The communing at Preston . The demand of the Queen Regent , and answer of the Protestants The last offers of the Protestants to the Q. Regent . The scoffing of the Queen Regent . Note . The death of Henry King of France . Note how this agrees with our times . Answer to the calumnie . Note , Nobles . Leith left us the congregation . The Lord Erskin and his fact . In contemplation of these Articles , arose this proverb , Good day , Sir. John , till Ianury ; Welcome , Sir John , till Ianuary . Note . The promise of the Duke and Earle of Huntly . Answer to th● complaint of the Papists . The third Bond of mutuall defence at Sterlin ▪ Note . ●he first knowledge of the escaping of the E●rle of Arran out of France . Let this be noted . The just reward of the Du●e for leaving God. Brags ●now . Note . Note . Note . The residence of Iohn Willock in Edinburg . Note . The Queen Regents malice against poore men . Note . The practise of the Queen Regent . See how this agreeth with our times . The arrivall of th French. Note . The division of the Lords lands by the French. How like to the Procl●mations of our times this is , let the Reader judge . Let the Bishop of Amians Letters ▪ and Monsieur de la Brosse Letters written to France ▪ witnesse that . Confer this with our times . Few dayes after declareth the truth of this . Confer this with our times . Let the Nobility judge hereof . Let Sir Robert Richardson and others answer to this . See how this agrees with our times . The cause of the Frenchmens coming with wives and children . Note . A proverbe . Note . The doctrine of our Preachers concerning obedience to be given to Magistrates . Let such as this day live , witnesse what God hath wrought since the writing and publication hereof . Note . The Prophets have medled with policy , and have reproved the corruptions thereof . The coming of the Earle of Arran to Scotland , and his joyning with the Congregation . Letters to the Queen Regent . The Petition of la Brosse . The answer . Note . The tyranny of the French. Note how this agrees with our times Note . Let this be noted , O cra●ty flatter●r ! Note . Elizabeth was come to the crown of England the yeere before , by the death of Mary . False lying tongue God hath confounded thee . God hath purged his people of that false accusation . Note . The avarice of those of Loraine and Guise . Note . The title that the Queen hath or had to Leith . The Laird of Lestarrig sup . riour to Leith . Note . Note diligently . The wickednesse of the Bishops . The cause that Broughtie Craig was taken . Let all men judge . The Dukes answer . Note . Note . Note . The quarrell betwixt Frauce and the Congregation of Scotland . The Lord Seaton unworthy of Regiment . Optim● collatio Let the Papists judge if God hath not given judgement to the displeasure of their hearts . Note . The causes that moved the Nobility of this Realme to oppose the Q. Regent . The s●me minde remaineth to this day . This promise was forgot , and therefore God plagued . Wha spirit could have hoped for victory in so desperate dangers . Note . Note how calumnies prevail upon the world for a time . Now the Duke seeing the Queens partie decline , and the Protestant party grow strong , he once more changeth the profession of his Religion , and joyneth with the Protestants , as strongest . How true this is , the whole and constant course of the family can tell . Let this be noted , and let all men judge of the purpose of the French and how good and wise Patriots they w●re , who sold our Soveraign to France for their private profit , and they by name were 〈◊〉 Hamiltons . The order of the suspension of the Queen Regent from Authority within Scotland . The discourse of Iohn Willock . The causes . The judgment of Iohn Knox in the deposition of the Queen Regent . Let no man then for privat ends , and by-wayes , do any thing against their Prince , ●nder pre●ence of the publike . 1559 The enormities committed by the Queen Regent . Her daughter followed the same , for to Davie was delivered the Great Seal . Note . Note . Note . Note . All done in the Soveraign● Name , as they do now a-day● Note . Treason among the counsell . The Duke and his friends fearfull . The ungodly Souldiers . The Queen● Regents practises . The fact of the councell . The treason of Iohn 〈◊〉 . Note the kindnesse of the English in need . The E. Bothwe●l false in promise and his treasonable fact . Note . The first departing of the Congregation . The cruelty of the French. Note this diligently . The Earle of Argyle . Lord Robert Stewart . The Castle shot one Shot . The Queen Regents rejoycing and unwomanly behaviour . The counsel of the Master of Maxwell . The last disc●m●●tu●e upon Munday . The death of Alexander Haliburnton Captaine . How , and why William Maitland left Leith . The Lord Erskin declared himself enemy to the Congregation . The despight of the Papists of Edinburgh . The worst is not yet come upon our enemies . Note . Note . Note diligently . Note . Speciali● Applicatio . Let Scotland yet take heed . Let janglers and inconstant m●n note . Le the House of Hamilton remember this . Conclusio . Let the Papists and greatest enemies witnesse . Notes for div A47584-e71280 Proclamation against the Earl of Arran● . Re 〈…〉 . The drowning of the French. Dominus pro nobis . The Earle of Sudderland shot Note the French favour to their friend● John 6. Exhortation of Iohn Knox. Note . The slaughter of a French Captain , with his Band. Note . The arrivall of the English Ships . Note . The Bridge of Tullibody . Note the death of a plunderer . Remark the Scots acknowledgement of the English help . Iohn Knox his first Letter to Sir William Cecile . Note . Note . Note . As England had interest then not to suffer Scotland to perish , so likewise Scotland hath interest now , not to see Eng●and undon● ▪ 1559. Note the Quaeres . And Answers . Let the enemies say , if their hope be not frustrate . Note diligently . Note . Note . Note . Sir Iames Crofts counsell . Note a braggadoshie . Note . Note . Note . Note . Note . Note . Note . Let us mark our advantage from France . Note . Note . Note . Note a cruell ●act . 1560 Note . Note . 1560. The fourth Covenant . Now hereupon came the pursuit . Let the Princes now adayes make use of this . So now the worldlings speak unto the King concerning the Scots into England . Note . The Hamiltons●am●ly ●am●ly . Note this diligently . We must go to the fi●st cause in all things . The inhumanity of the merc●l●ss ▪ French. The Qu●en Regents cruell heart . The comfortable Letter of the Duke of Norfolk . Note . Let the Princes now make use of these words of this dying Queen . Note . The death of the Queene Regent . Note a Character of Popishly addicted French officers of State. Note how they limit the Prince . Note how the Prince is limitated , and his will is not a Law. Note . The profit th●● Leith got of their promise liberty . Note a Covenant betwixt England and Scotland . 1560. Some Prelats left Antichrist , and did adher● unto Christ. William M●itlands mockage of God. See how this agrees with our tim●s . Deut. 14. 1 Cor. ● 8. Isai 44.4 , 5. 1 Tim. 1 27. 1 King 8.17 . 2 Chron. 8 18. Psal 139 78. G●n . 17 1. 1 Tim. 6.15 , 16 Exod 3.14 , 15. Matt. 28.19 . 1 Joh 57. Gen 1.1 . Heb. 1. ●3 . Act. 17.28 . Prov ▪ 16.4 . Gen 1.26 , 27 ▪ &c. Col. 3.10 . Ephes 4 24 Gen. 3.6 . Gen. 2. ●7 . Psal 51.5 . Rom. 5 10. Rom. 7.5 . 2 Tit. 2.6 . Eph. 2 23. Rom. 5.14 , 12. Rom. 6.23 . John 3 5. Rom. 5.1 . Phil. 1.29 . Gen. 3.15 . Gen. 3.9 . Gen. 12 3. Gen. 15 5 , 6. 2 Sam. 7.14 . Isai 7.14 Isai 9 6 Hag 2.6 John 8.38 . Ezek. 6.5 , 6.7 , 8 , 9 , &c. Gen. 1 12. Gen. 13.1 . Exod. 1.1 Exod. 1.20 . Josh 3. & 23 4 1 Sam. 10.1 . 1 Sam 16 13 2 Sam 7 12 2 King● 17.15 , 16 , &c. 2 King. 24. 34 , &c. Deu. 28.36 , 38 , &c. 2 Kin. 25. ● . Dan. 9 2. Ezr. 1 , &c. Hag. 1 14. Zach. 3.1 . Gal 4 4. Luke 1.31 . Matth. 1.18 . Matth. 2.1 . Rom. 1.3 . Matth. 1.23 . John. 1.2.45 . 2 Tim. 2 5. Ephes. 1.3.4 , 15 , 6. Ephes. 1.11 . Matth 25 34. Ephes. 1 21 , 22. Heb 27 8. Psal. 22.11 . Heb 13.26 . 1 Pet. 2.24 ▪ & 5. Psal. 130.3 . Psal. 143.3 . 1 Tim. 2.5 . John 1.12 . John 20.17 . Rom. 5.17 , 18.19 . Rom. 8.15 . Gal. 4 36. Act. 17.26 . Heb. 2.11 , 12. 1 Pet. 3 18. Isa. 53.8 . Act. 2.4 . 1 John 1 2. Act. 20 28. 1 Tim 3.16 . John 3.16 . Heb. 10.1 , 12. Isa 53.5 . Heb. 1 2.3 . John 1.29 . Matth. 26.11 . Deut. 20.23 . Matth. 15.1 , 2. Gal 3.13 . Luke 23.1 , 2. Matth. 26.38 . 2 Cor 5. Heb 9 12. Heb. 10.5 . Act. 2.23 . Act. 3.26 . Rom. 6.5 , 11. Act. 2.24 Rom. 4 25. Heb. 2.14 , 15. Matth. 28 John 20.27 & 21.7 . Luke 24.41 , 42 , 43. Joh. 21.12 , 13. Luke 24.51 . Act. 1.6 . Matth. 28.6 . Matth. 16.9 . Luke 24 6. John 20.9 . Matth. 28 18. 1 John 2.1 . 1 Tim. 2.5 . Psal. 110 1. Matth. 22 44. Matth. 12 36. Luke 20.42.43 Acts 1.1 . Acts 3.19 . 1 Thess. 1.4 , 5 , 6 , 7 , 8. Matth. 25.34 . Revel . 21.27 . Esay 66.24 Matth 25.41 . Matth 9.44 , 46 , 48 Matth. 22.13 . 2 Pet. 3 11. 2 Cor. 5.11 . Luke 21.28 . John 15.4 , &c. Esay 7.14 . Ephes. 1.22 . Col. 1.18 . Heb. 1.11 , 15. Heb. 10.21 . 1 John 2.1 . 1 Tim. 2.5 . Matth. 16.17 . John 14 26. John. 14.11 . Acts 5.4 . John 10.13 . Col. 2.13 . Ephes. 2. ● . John 9.39 . Revel 3.13 . Matth. 17.17 . Matth 9.19 . Luke 9 41. John 6 63. Mic 7.8 . 1 King. 8.8 . Psal. 10.3 . Rom. 5.10 . John 3.5 . Tit. 5.5 . Rom. 5 8. Psal. 3.9 . Psal. 1.6 . 2 Cor. 3.5 . Ephes 1 6. Ephes. 2.10 . Phil. 3.13 . John 15.5 . Rom. 8.9 . Rom. 7.15 , 16 , 17. Gal. 5.17 . Rom. 8 16. Rom. 7.24 . Som. 8 22. Ephes 4.17 , 18 , 19. 2 Tim. 2.26 . John 15 5. Exod. 20.3 , &c. Deut. 4.7 , &c. Luke 21.75 . Mica 6.7 . Ephes 6.17 . Ezech. 22.104 1 Cor 6.19 , 20 1 The 4.4 , 5 , 6 Jer. 22.3 9 9 , &c. Esay 50.1 , &c. 1 Thess. 4 6. Rom 13.2 . Ezek. 22.13 . 1 John 3 4. Rom. 14.23 . Heb. 1 16. 1 Sam. 15.22 . 1 Cor. 10.31 . 1 John 3.4 . Esay 29.19 . Matth. 15.9 . Mar. 7.7 . Levit. 18.5 . Gal. 3.12 . 1 Tim. 1.18 . Rom. 7.12 . Psal. 19.7 , 8 , 9. Deut. 5.29 . Rom. 10.3 . 1 Kin. 8.4 , 6. Chron. 6.36 . Eccles. 7.22 . Prov. 20.9 . 1 ●oh . 1.18 . Iohn 1.18 . Rom. 10.4 . Gal. 3 13. Deut. 27.26 . Phil. 2.15 . Isai. 64.6 . Luk. 17.10 . Mat. 28.20 . Ephes. 1.4 . Col. 1.18 . Ephes. 5.23 , 24 , 25 , 26. Apoc. 7.8 . Ephes. 2.19 . Iohn 5.24 . Iohn 17.6 . 1 Tim. 2.19 Iohn 13.14 . Ephes. 1.10 . Col. 1.10 . Heb. 12.4 . Apoc. 14.13 . Isai. 25 ▪ 8. Apoc 7.16 , 17 ▪ Apoc. 21.4 . Apoc. 16.10 , 11 Isai. 66.24 . Mark 9.44 , 36 , 48. Luke 23.43 . Luke ●6 . 24 , 25. Apoc. 6.9 , 10. Gen. 4.8 . Gen. 21. ● . Gen. 27.41 . Mar. 23.34 . Ioh. 15.18 , 19. Iohn 11 35. Ioh. 15.20 , 24. Act. 4.1 , &c. Act 5.17 , &c. Gen. 4 1. Psal. 48.1 , 2. Mat 5.35 . Iohn 12.42 . Ephes. 2.20 . Act. 2.42 . Iohn 10 , 27. Iohn 18.37 . 1 Cor. 1 13. 1 Cor. 11.20 , 23. Mat. 28 19 20 Mark 16.15 . Rom 4 11. Matth 18 20. 1 Cor 1.2 . 2 Cor. 1.1 . Gal. 1 2. Ephes. 1 1. Acts 16.9 , 10.18 . 1 Cor. 1. &c. A & 20 17 , &c. John 20.31 . 2 Tim 3 16 17 2 Pet. 1 20 , 21. John 5 29. Ephes 4 4 1 Tim. 3.16 , 17 Genes . 27. Gal 2.11 , 12 , 13 , 14. 1 Tim. 4.1.23 . Col. 2.18 , 19 , 20 , 21 , 22 , 23. Act. 15.1 , &c. 1 Tim. 3.15 . Heb. 3.2 . 1 Cor. 14.40 . Gen. 17.10 . Exod. 12.32 . Gen. 17.4 . Num. 9.13 . Mat. 28.19 . Mar. 16.17 . Mat. 26.26 . Mar. 14.22 . Luke 22.19 . 1 Cor. 11.24 . & 10.16 . Rom. 6.3 , 4 , 5. Gal. 3.27 . Mar. 16.19 . Luke 24.51 . Act. 1.11 . Act. 3.21 . 1 Cor. 10 , &c. Ephes. 5.30 . Matth. 27.50 . Mar. 15.31 . Luke 23.46 . John 14.30 . & 6.51 , 53 , 54 , 55 , 56 , 57 , 58. 1 Cor. 11.28 , 28. Mat. 26.26 , &c Mar. 14.22 , &c Luk. 22.19 , &c 1 Cor. 11.24 . Note . 1 Cor. 11.25 , 26 Heb. 9.27 , 28 Col. 2.11 , 12 Rom. 4.11 . Gen. 17.10 . Mat. 28.19 . 1 Cor. 28.29 . Rom. 13.1 . Titus 3.1 . 1 Peter 13.2 . Rom. 13.2 . Rom. 13.7 . 1 Pet 2.17 . Psal 82.1 . 1 Chron. 22.23 , 24 , 25. Chap. 26. 2 Chron. 29.30 , 31 , chap. 2 Chron. 34 , & 35. chap. Mat. 13.24 , 25 , 26 , &c. Mat. 13 20 , 21 Rom. 10.9 , 13. Rom. 7 , &c. 2 Cor. 5.21 . John 5.28 , 29. Apoc 20.28 . Heb 19 25 , 26 , 27. Mat 25 31. Apoc. 14.10 . Rom. 26.7 , 8 , 9 , 10. Phil. 3 21. 1 Cor , 15.28 . This we confirmed , 1567. in the first Parliament of Iames 6 held by the Earle Murray , and all Acts in any Parliament before whatsoever , against the truth , abolished . The Lord of the Articles are a Committee of 24. whereof in former times , there was eight Lords , eight Church-men , who were called Lords , and eight Commons : So from the greater part they were named Lords , and of the Articles , Because all Articles and Heads that are to passe in Parliament are first brought to them , who having discussed them , sends them to the House of Parl●ament . The latin Histories calls their Lords of the Articles Apolecti . The Earle Marshall his pious voyce in Parliament . This Act is particularly confirmed 1567. in the Parliament under Iames 6. holden by the Earl Murr●y . This also was confirmed by one particular Act 1567. by the Parliament holden by the Earle Murray . Note this diligently . Quest. Answ. Note this I pray you for these dayes sake . See how this agree● with the worldlings now adayes . What blessings hath been since in the house of Erskin , they know best . Note how although the Prelats being convinced of the truth , did subscribe unto it , yet it was with this Pro●iso , That they should enjoy their rents for their lives . Note men to their owne countrey . Note this for our dayes . Let this teach us to seek God. The death of the yong King of France husband to our Queen . 15. December 1560. Note this well Note . Note Lesley his answer . * That is , An. 1566 when this book was written . Note the liberality of the Earle Murray . Note this diligently . Where then are Pluralities and fatnesse of Livings in our dayes . Let the Church-men now adayes look to this . W●at can the P●elats say to this . Ambassadour from France , and his demands . See the study of France to divide the two Kingdoms newly bound for mantenance of Religion against the common enemies . Note . The Protestants faithfulnesse ill rewarded . A foolish play used in time of darknes Hence we say any foolish thing to be like a play of Robin-Hood . Some say his name is Killone . Of the Queen Regents death . Note . Note . Note diligently . Let this also be considered , and referred to our times . Note . Note . Reader remark the advantages that Scotland hath from France . A good Character of Bishops . Let us stick to God , and he will not leave us . Faire words to no purpose . That was a secret Lardon . She meant she would seek a safe conduct . * Ever till that she may shew her evill will. If France would have sustained rhem they had not yet departed . The second secret Lardon . The Arms of England were usurped . Your Papists and ours have practised , and still practise division . So that she might have England to the Popes Religion I think she said not amisse . The feare of God in the heart of Elias 〈◊〉 disobedi●●● to cursed 〈◊〉 . N●te . 〈…〉 his 〈…〉 well to 〈…〉 as 〈◊〉 the subjects . Note . The third Lardon of accusing England of inconstancy in Religion . Notwithstanding his own disorder . Note this false lye , and see how it answers to the calumnies of these dayes . The Peace and Contract at Leith . Many Princes little regarded that . All power is not then in the Prince , if the States have any , as they have . Note this , Note . Note the Scots acknowledgement . Notes for div A47584-e90010 Isaiah 40 31. A true acknowledgment o● mans weaknesse , to the glory of God ; and as it was then , so hath it been in this last Reformation . As it was then , so it is now , by Gods mercies ●o that Nation . The first Petition of the Protestants of Scotland . Let this be noted for example . The cause of the trouble within Scotland , flowed from the Courtiers who seemed to professe the Evangell . He means the Lo●d Iames , Earle Murray . The corruption that entred the Queens Court. The Theologie of the Court , and their reason● . Wicked Councellors ●athers all th●ir mischiev●us plots upon misled Princes , and causeth them to take all things upon them This was written when the seco●d rank of the Lord● was banished , Anno 1560 after Dan●●s s●aughter . The Queens Arriva●l from France 156● T●●●le & lugubre Coelum . The Queens first ●●ace in despight of Religion . The Queens . first Masse . Lord Iames , notwithstanding his sonner zeal to t●e Truth , complying with Court , favoureth Idolatry . ● godly reso●●●●on . The end is not yet seen . The persw●s●ons of the Courtiers . The Lord Arrans stout and godly Protestati●n against the Qu●ens Masse . Good resolution , if followed . Robert Campbell to the Lord Vchiltrie , The Queens practise at the first . The iudgment of Iohn Knox upon the suffering of the Masse . The Courtier making . Note diligently how wise and godly m●n are so mistaken oft , as to play after games : And this M. Knox doth acknowledge here . The first reasoning betwixt the Queen and Iohn Knox. Note how that Princ●s are informed against God● servant . Let this be noted diligently . Let the Prince note this . Let this wi●e reply be noted . Note this undertaking . The Queens second Objection . Answer . Note this comparison . Blinde zeal , what it is . When this was written there was no appearance of Maries imprisonment . The Queens Church . Strong Imagination , called conscience . Question . Note this . Iohn Knox his judgement of the Queen at the first , and ever since . The Queens first Progresse . Note the disposition of a misled soul. Bo●fours doctrine . Note this diligently . Yet in the Parliament holden 1563. there is an expresse Act for punishing of Adultery by death . It is the Act 74. The devil getting entry to his little finger will screw in his whole arm . Note this . The Queenes first fray in Hallyrud-house . Division between the Lords and the Ministers . The Queen fain would have had all Assemblies discharged . Note this dili●gently . Note this dil●gently . Note this passage . Iohn Knox his judgement of the thirds . Let this be noted . * That is , five old pieces . A proverb upon Pittaro , Controller . The right that Princes have to the Patrimony of the Church . Note . The marriage of the Earl of Murray . Note this diligently . Note this diligently . The Mask of Orleance . The Hamiltons against Bothwell and the Marquesse . The Earle of Bothwells communication with Iohn Knox 1562. Note the complement . Note diligently . Reconciliation betwixt the Earle of Arrane , and Earle of Bothwell . Note diligently . Psal. 2. The second communing of Iohn Knox with the Queen . Note diligently Note . Note . Note diligently Note . Let Princes note this . Let Court-Chaplains and unthrifts of the time , note this . The Earle of Lennox , and his Lady imprisoned in the Tower of London , for traffiquing with Papists . Sharp left preaching , and took him to the Laws . Note . This causeth the Qu●ens R●ligion to have many ●avourers . Note . Note . Note d●ligently . Note . Note this for our times . Note this for our times . An answer to Lethington . Note this diligently . Iohn Gordonne and Ogilvie . Bothwell brake the ward or prison . Note another wavering of the Hamiltons . A new Covenant , 1562. Note . So was the Duke . the Earls of Argyle , Murray , and Glencarne , with all their Company after ter served . The day of Correthie field . Octob. 22. 1562 The Earle of Huntlies prayer . Note . Corriethieburne , or Farabank . Secretary Lethingtons Oration . The Lady Forbesse her words . Let others that yet live mark this . Mens judgement of the Queens Marriage . Note this . The Preachers railed upon the Courtiers . The Preachers Admonition after the Earle of Huntlies death . Meaning of Huntley . The end declared their words to be true . The defence of the Courtiers . The Queens practise . The tryall of Pauls Meffanes fact . Chattelet and the Queen . The Queens desire concerning Chattelet . The punishment of God for maintaining and erecting of the Masse , death and famine . Iohn Knox sent for by the Queen . Reasoning between I. Knox and the Queen Note diligently . The Queens judgement of the Bishop of Cathaes . The Lady Argile was naturall Sister to the Queen , as the Earle Murray was naturall Brother . The Clergie did pretend to be free from all Jurisdiction , save the Popes . The judgment of some . Huntley forfeited . The pride of Women at that Parliament . Note diligently . And so was Religion and the Common-wealth , both neglected . Occasion painted with a bald Hind-head . Variance betwixt the Earle of Murray and Iohn Knox. Iohn Knox discharge to the Earl of Murray . God knowes if our times be better . The Speaker was the Dean of Restaruk . Iohn Knox his affirmation Let this serve for our times . Let the Papists judge this day 1567. Note Women . Lethingtons practice . Note diligently The last commendation of Lord Iohn to the Queen . M. Rob. Font stricken in the head with a weapon by Cap. Lawder . Bond to a mutuall defence in the cause of Religion . Note Pastors . The Master of Maxwells discharge to Iohn Knox , and their reasoning together . Before they disdained not to come to his own house . Iohn Knox his answer . Note a wise Reply . This was the first time the Earle Murray spake with Iohn Knox after the Parliament Iohn Knox called before the Queen and Counsell in Decemb. 156● . Note this diligently . Note . As the Irish Papists have done to Protestants in Ireland . Let this be noted for this day . Let the world judge what ensued . Note Pastors . Note diligently Note the craft of the Court. Note . I. Knox falsly reported of , his answer . Remark false brethren . Murther and Whoredome in the Court. Maries Regiment . Great Wet and Frost in Ian. 1563. The Sea stood still , neither ebbed ●or flowed for 24 houres . Cucullus . Note how this agrees with our time . Lethingtons counte●●nce at the threatnings of the preacher . Let the world judge whether this hath come to passe , or not , what hath fallen since that time . Lethington his Harangue at the Assembly , Anno 1564. Iohn Knox his answer . Note diligently , ●nd see how the Bishops did forbid to pray for the conversion of the Queen that now is in Britain . M. Maxwells words in the Assembly . Iohn Knox his prayer for the Queen . Note . 2 Tim. 2. Note . Note . Let this be no●ed diligently . Psal. 82. Note this . 1 Sam. 22. Note this Discourse diligently . God craves of us , That we should oppose our selves to iniquity . Let this be noted for our times . Whether this ▪ hath come to passe or not , let the world judge . Note this diligently . No●● . ● . Paral 25. When the Prince does serve God sincerely in private and publike , and hath a care that the people do the same , then assuredly they are faithfull to him ; but if he faile in these or in either of them , he findes disobedience in his people , be●ause he is not carefull to obey God , and to see him obeyed . Deut. 13. 2 Paral. 26. Let this be applyed to the late affairs of Scotland . 2 Paral. 26. Note . M. Iohn Dowgl●s Rector , his Vote . Master Iohn Craig his Vote . Note dil●gently Note deligently Notes for div A47584-e109000 There be two Epigrams extant , written by George Buchanan , of a rich Diamond sent from Qu. Mary to Queen Elizabeth . At this time an Italian , named Davie , entred in great familiarity with the Queen , so that there was nothing done without him . The Earl of Murray seeing the other Nobles consent , gave his , which before he refused . The Dispensation being come from Rome for the Marriage : Before which , according to the Romish Law , it was unlawful to marry , being Cousin Germans , brother and sisters children , and so the degree of Consanguinity forbidden . Note this for our time . The King , to make himself more popular , and to take from the Lords of the Congregation the prete●t of Religion , he went to the Kirk to hear Iohn Knox preach . In answering he said more then he had preached , for he added , That as the King had ( to pleasure the Queen ) gone to Masse , and dishonoured the Lord God , so should God in his justice make her an Instrument of his ruine ; and so it fell out in a very short time : but the Queen being incensed with these words , fell out in Tears , and to please her Iohn Knox must abstain from preaching for a time . Note how this agrees with our times . Let this be conferred with our times . Note diligenly So was the Citie of London for warre against Scotland , vexed for the leavie of mony Note diligently Note diligently Q● Elizabeth . Here mark either deep dissimulation , or a great inconstancy . At the end of this Book you shall finde this . See in what sense proud ambitious men takes the name of Bishop . As is said before . This inconstant yongman sometimes declared himself for the Protestant ; witnesse his last Band : And now for the Papist . And as he left God , so he was left by him . The Queen intending vengeance upon the poor King , and being in love with the Earle Bothwell , grants to the Protestants their Petitions , that they may be quiet , and not trouble her Plots . As she had lately gratified the Protestants by granting their Petition , so at this time she yeelds unto the Papists their demands also , that she might be stopped by neither of them in her designe of vengeance and new love . Note . Note how God changeth things in a moment . Notes for div A47584-e122600 Heb. 10. 1 Cor. 3. Mat. 25. John 3. Rom 58. 2 Cor. 5. Rom. 6. Ephes. 4.5 . Ephes. 2. Matth. 10. Vain Religion , or Idolatry . A Sentence pronounced . Appellation from the same . The request of Iohn Knox. The Petition of Protestants . Deut. 17. The P●tition of Iohn Knox. Note well . Answer : 1. To Objections . Note . The Appellation is just and lawfull . Gods Messengers may appeal from unjust sentences , and Civill powers are bound to admit them . Jer. 26. Advert . The Princes did absolve the Prophet , whom the Priests had condemned . Deut. 17. The meaning of these words , I am in your hands , &c. Deut 17. Jerem 1. Deut 1 10. The causes of his Appellation , and why he ought to have been defended . Jerem. 38. Just cause of Appellation . Act. 22 , 23 , 24 , & 25. Act. 25. Why Paul would admit none of the Leuiticall order to judge in his cause . Upon what reasons the Appellation of Paul was grounded . The cause is to be regarded , and not the persons . Jerem. ● . Jerem. 1. Isai. 56. Act. 3 & 4. Jude 1. 2 Pet. 2. Let the cause be noted . Answer to an objection or doubt . The Petition of Iohn Knox. The singular honours which Magistrates receive of God , ought to move them with all diligence to promote his Religion . The duty of Magistrates . 1. 2. 3. Rom. 13. In what Points powers are bound to their subjects . Rom. 13. Let the similitude be noted . It is not enough that Rulers do not oppresse their subjects . The offer of Iohn Knox , and his accusation intended against the Papisticall Bishops . Isaiah 1. Jerem 23. & 27. Ezech. 13. Hosa 4. Note . If Powers provide not for instruction of their subjects , they do never rule above them for their Profit . What Satan hath obtained of the blinde world . The matters and Reformation of Religion appertain to the care of the Civill power . Exod. 21.24 , 25 , &c. Note . Exod. 28. The facts of godly Kings are an interpretation of the Law , and declaration of ●heir power . 2 Paral. 14. & 17 Note . 2 Paralip 19. Adver● that the King taketh upon him to command the Priests . 2 Paral. 30. Note . 2 Paral 35. 2 Reg. 23. The King commanded the Priests . 2 Par. 32. The facts of the godly Kings in Iuda , do appertain to the powers amongst the Gentiles professing Christs . Epist. 50. Advert . Note well . Augustine● words . Advert the minde of Augustine . In two sorr● ought Kings to serve God. Note . O that the world would understand ! Note . Isai. 49. An answer to the second Objection . Note . Note diligently Note . Note diligently Jerem 38. Jerem. 39. Note diligently . Deut. 12. Deut 23. & 27. Idolatry ought to be punish●d with out respect of person . If any state might have claimed priviledge , it was the Prophets . 1 Sam. 3 : 1 Sam. 9.15 . 1 King. 22. 1 Kings 21. 2 Kings 1. 2 Par. 15. Deut. 13. Why every man in Israel was bound to obey Gods Commandment . Deut 28 & 30. Deu● . 7● Gods judgements to the carnall man appear rigorous . For the Idolatry of a small number , is Gods wrath kindle● against the multitude not punishing the offencers . Ezek 9. Ezek 8. & 9. Note . Note . An answer to an O●jection . Why no Law was executed against the Gentiles being Idolaters . Eph. 2. The especiall honour which God requireth of his people . 1 Sam. 15. Exod. 34. Note . Note . Note . God is not author of any priviledge granted to the Papisticall Bishops , that they be exempted from the power of the civill sword . Exod. 32. The dignity of Aaron did not exempt him from judgment 1 King. 2. 1 Sam 3. Notewell . Gal. 4. 1 Tim. 3. Math. 17. 1 Pet. 2. Acts 4 and 5. Rom. 13. Chrysostome up●on Rom. ●3 . Let Papists answer Chrysostome . Let their own Histories witnesse . The mouth of the beast speaking great things . Distinct. 9. quest . 3. Their Laws do witnesse . Dist. 19. Cap. de Translatione Titl . 7. Dist 40. Note the equitie of this commandment The matter is more then evident . Whosoever maintaineth the priviledges of Papists , shall drink the Cup of Gods vengeance with them . Object . Answ. Deut. 28. Levit. 26. Isai. 27. & 30. Note this for our time . Note . Let England and Scotland both advert . God calleth to repentance before he strike in his hot displeasure . Papists had no force , if Princes did not maintain them . Acts 2. No true servant of God may communicate with the Papisticall Religion . An answer to the Objection , That an heretick ought not to be heard . 1 Kings 13. Touching Councels and Doctors . In prologo Retract . Ezech. 33. Mat. 24. & 26. Dan. 12. Mat 25. Notes for div A47584-e128570 Note . Petition . Answer to an Objection . Lactant. Firmian . Tertullian . Cyprian . John 5. & 7. Acts 17. 2 Pet. 1. 1 John 4. John 3. Why Papists will not dispute of the ground of their Religion . Mahomet and the Pope do agree . Note . Reformation of Religion belongeth to all that hope for life everlasting . Rom. 1. Rom. 1. The subject is no lesse bound to beleeve in Christ , then is the King. Gal 3. Abac. 2. Mark 16. John 3. Wherein all men are equall Rom 5. Isa 53. John 3 & 5. Exod. 30. Exod. 30. Exod. 19. The presence of God represented in the Tabernacle . Heb. 9. Isa 8. Act. 3. Mat. 28. The spirituall Tabernacle and signes of Christ● pre ▪ 1 Par. 29. 2 Par. 3.4 . & 5. 2 Par. 29.30 . & 35. 1 Par. 29. 2 Par. 3.4 , & 5. 2 Par. 29.30 , & 35. Note . Matth. 17. Note . The offer of Iohn Knox ro hi● native Realm . What he requireth . An answer to two questions . Subjects may lawfully require true Preachers of the●r Rulers . John 21. Acts 20. Things that may draw men back from the sincerity of Christs Evangell . Rom. 2. Note . Princes and Bishops are alike criminall . How subjects offend with their Princes . Gen. 7. & 19. Iosephus Egesippus . What subjects shall God punish with their Princes . Notes for div A47584-e129800 A note made upon the sending of Christs Disciples to the Sea , the miraculous feeding of the people . What chanced to Christs disciples after the feeding of the people in the desart . The first Note John 6. Matth. 14. Christ suffereth not his sheep and Pastours to be dispersed and troubled , but for cause reasonable . John 6. Why Christ sent away the people from him . Matth. 10. John 6. Matth. 20. John. 6. Mark 6. The disciples did not rightly consider Christs work . Note . Note this for our time . Note . John 18. Act. 14. Hypocrites are made manifest in the day of trouble . 1 John 2. Note . To deny or conceale the gifts of God which we have received , is unthankfulnesse . Let the Mi●ist●rs n●te this who are put from th●ir charges by the enemy . Ezech 3.33 . Jer. 20 34. 3 Reg 18 21 , 22. 4 Reg 3. Amos 7. Dan 5 Matth. 23. Act 13. The Preachers ●●●named t●e Salt of the earth The Conf●ssion of the Author . Preachers oug●t to feed Christs Flock . The lack of fervency of reproving ; of indifferency in seeding , and diligence in executing , are great sins , Spirituall temptations are soon espied . The prayer of the author . The troubles of these da●es cometh to the comfort of Gods elect The second Note . The great fear of the disciples . Matth. 8. The disciples also before this time were troubled in the Sea. Note . What time the tempest did arise . The Sea was calm when the disciples took their Ship. What moved the Sea. The tossed Ship is a figure of the Church of Christ. Exod. 1. Esth. 3. Act. 7 & deinceps . The malice of the devill compared to the winde . 1 Simile . The Sea cannot be quiet when the wind bloweth outragiously . The winde that blew in the dayes of King Hen. 8. A quiet calm wa under King Edw 6. The first secret pestilent winde that blew in the time of good K. Edward 6. The Devill raged when the Masse mischief was disclosed . Esa. 5. Mark well . This was affirmed both before the King , and also before Northumberland oftner then once . Transubstantiation overthrown by Th. Granmer . The tound god was taken away by Act of Parliament . When all the Papisticall abomi●ations were revolted , then was the Boat in the midst of the Sea. Two speciall Notes of this discourse . The first Note . Who ruled all by wit under K. Edward 6 John 13. Psalm . 40. Godly Princes commonly have most uugodly Counsellors . Note well . 2 Reg. 17. Esa. 22. Matth. 26. John 12. Quest. Answ. The enemies of the verity many times appear to be most profitable for a Common-Wealth . Mischief at the length will so utter it self , that men may espie it . Esa. 22.36 . Esa. 22. If David and Hezekiah were deceived by traiterous Councellors , how much more a young and innocent King. The Author might fear this indeed . Paulet is painted . The Treasurers words against the authority of Mary . Caiaphas prophesied . Judge at the end . The second Note . Tyrants cannot cease to persecute Christs Members . Gen. 21. Gen. 28. Exod. 5 , 6 , 7 , 8 , &c. John 5. & 12. The power of Gods Word put the Papists to silence in England , except it had been to brag in corners Princes are ready to persecute as malicious Papists will command . Job 12. 2 Cor. 4. Ephes. 2. 1 Reg 16 18. John 13. John 8. Wily Winchester D●eaming Duresme , Bloody Bonner . This is the cruse before omitted , why the winde blew to trouble Christs disciples . The prayer of the author . Exhortation . Isai. 48 51.54 62. The coming of Christ to his d●s●ipl●s upon the S●●s , is op●ned . Christ is sute upon the mountain . God never brought his people into trouble to the intent that they should perish therein . Mark these words . Christ came not to his disciples till the fourth watch . The causes why Christs disciples misknew him . What chanced to Christ , that also in all ages chanceth to his holy Word . The fear is greatest , when deliverance is ●ost n●gh . Exod. 5 , 6 , &c. 5 Reg. 7. Isai. 36 , 37. Note . Why God suffereth tribulation to abound and continue . Exod. 14. Note . Exod. 10● Iezabel , Athalia , and Iudas . Gard●●r , Tunstal , Bucherly Bon●r . The praise of Winchester , Durysme , and o●●dy Mary before these dayes . 4. Reg. 11. Matth. 14. 3. Reg. 18 3. Reg. 18. A digression to the Papists of Qu. Maries chaste dealing . A lively Picture of Mary the utter mischief of England What commodities the Spanish King shall bring to the Realm of England . A true saying . Under an English name , she b●areth a Spanyards heart . Spanyards sons of pride and superstition . Why Winchester would have Spanyards to reigne over England . To Winchester . The Book of true obedience both in Latine and in English , shall remain to thy perpetuall shame and condemnation of thy cankered Conscience . The wicked must declare their selves . Apocalip . 13. Note . Abraham . Gen. 15. Isaac . Gen. 16. Iacob . Gen. 23 31.32.35 . Moses . Exod 5. Rom. 1. Psal. 119. The power and eff●ctuall operation of Gods Word . Exod. 4 Reg 9. Luke 24 Simile . Math. & John , 〈◊〉 . Note that Peter consid●red not his own weaknesse . The sherp at length know the voyce of their own Pastor . The Elect. The Repr●bate . 1 Reg 28. Saul . 2 Reg. 18. Ahaz . Isai. 7. God sometime sheweth mercy to an hypocrit , for the cause of his Church Jerem. 37 , 38. Jerem. 42. Reade the Text , Jer 42. Jerem. 43. Great blindnes Jer. 44. As Papists would have League with the Emperor . What was said in Hamme●sham when uproar was for establishing of Mary in authority . A Common-wealth compared to a Ship sayling on the Sea. The end shall declare . Enemies to the Truth receive no comfort of Gods Messengers . The godly and chosen of God. Gen. 12. Gen. 15. Gen. 22. Exod. 5.7.10 . 1 Reg. 16. 3 Reg 21. Object . Answer . Exod. 32. Gods Word sometimes moveth great multitudes . Why Moses caused the Israelites do drink the powder of the golden calf . Exod. 32. A sharp sentence against Idolaters . Gen. 34. Gen. 49. Jerem. 21.38 . Jerem. 21. Jerem. 38 , Jerem. 38. Jon. 3. Act. 2. Jerem. 32. The cause of fear . Gen. 12. Exod. 34. Isa. 36 , 37. Matth. 11. Apoc. 18. Note . Lively faith maketh a man bold . 3. Reg. 18. 3. Reg. 19. The creature can never dispute w●th God without sin . Quest. Answ. Gods works by them self are a sufficient reason . Peters vertue ▪ The vice that long rested with Peter . Matth. 16. Note . Matth. 26. Why Peter was suffered to sink . Luke 22. What resteth with Gods Elect in their greatest danger . The nature of faith . Peter knew the power and good will of God. Psal. 144. How nigh God is in extream perill to deliver his Elect that syithfully call upon him . Exod 14. Hester 7.8 ● . Daniel 6. John 3. Act 12. Psalm . 18. God flattereth not his Elect. Peter was not faithlesse . Matth 10. 2 Tim 2. Such as have stood long , may yet fall . Luke 17. Note . We have lesse pretence of excuse then Peter had . Note . Consolation Matth. 28. Worldly Princes are conjured against God Psal. 2. The sheep of Christ cannot be rent from his hand . Joh. 10. Joh. 7. The temptations of Gods elect now in England . Good counsell to thee in faith Rom. 11. 1 Reg 2. Note . To whom appertaineth the former counsel . Matth. 28. Note . Objection . Answer . The root of faith remaineth with Gods elect in greatest danger . 3 Reg. 19. The root of faith is not idle . A tryall of faith in trouble It appertaineth not to man to know not to enquire how God will deliver . Note . Divers wayes of deliverance . Note . The means offered by God to avoid Idolatry are not to be refused , Repetition . Isai. 78. Psal. 74. Apocal. 17. Psal 74 , & 87. Prayer and Confession . Appealing to mercy . Isai. 33. Jerem. 4. Psal. 74. Psal. 59. Psal. 79. Jerem. 10 , 11 , 12. Psal. 95. Against the enemies of God. Esay 25. Of Gods Elect Exhortation . Esa 26. Notes for div A47584-e139500 Gen. 3. Matt● . 10. Act. 4. Matth. 5. Joh. 14 16. Esay . 9. In the Crosse of Christ i● victory hid . Esay 40.41.51 . Exod. 2. 4 Reg. 25. Jerem 52. Esd. 1. Note . ●phes 2. The causes why the Saints of God b● this day persecuted 1 Joh. 1.2 . Heb. 6. & 10. Ephes. 5. Matth. 23. Whosoever sheddeth the Blood of one of Christs members , for his Names sake , consenteth to the blood of all that have suffered since the beginning . Note . Gen. 4. Matth. 15. Answer to an Objection . Gen. 19. Exod. 14. Iosephus . The Petition of such as be persecuted . Matth. 5. Matth. 10. ● Cor. 2. Matth 10. Exod. 20. Rom. 13. 1 Pet. 2. The first proportion . The second proposition . John 4. Apo. 14. & 17. Note . Take heed of unlawfull obedience . Dan. 3. Dan. 6. Answ. Matth. 10. Act. 14. Note . The Papisticall Religion a mortall Pestilence . The Admonition . Answer to an Objection . Gen. 6. Ps●l . 14. Psal 2. Act. 4. Luk. 18. Hosea 4. Matth 20 Matth. 7. 2 Thess 2. Note . Deu 4 and 12 Matth. 15. 1 Reg. 13 & 15 2 Par. 26. Levit. 10. Matt. 17 Act. 1 2 , & 3. 1 Cor. 11. Col. 2. De●● 4. & 12. Apoc. 2. The craft of Sathan . The ground of ●●●●●ticall Religion . Note . Tertul. in Apol. The chief Preposition . N●cen . 1. The dutie of Magistrates . The Spirit of God abideth not with Idolaters . 3. Reg. ● 5. 2 ●ar . 17. 4 Reg 22. 2 Pa● . 34. 4 Reg 18. 2 Par. 29 , 30 , &c. 31. The second proposition . Stob. ser. 12. Niceph. Calist. Histor. Eccl●s . Lib 10. cap. 42. Note . Mich. 3. Note . Flatterers ▪ contagious stilence . Ezek. 22. Note . Idolatry is mother to all ●ice . Matth 6. Rom. 8. ● Reg. 18. John 17. Ezek. 34. Note this for our time . Daniel 2. 1 Reg. 2. Job 12. Psal. 107. Daniel 2. Note . Note . Note . 1 Reg. 14. 1 Reg. 16. 2 Reg. 10. 2 Reg. 17. The offer of Iohn Knox. Advert . Prosperity for a time proveth not Religion good . No Realme , England except , so grievously plagued at Scotland . Isai. 30. Isai. 14. Isai 6. Exhortation . Josh. 1. 2 Par 34. 2 Par. 1. Jerem. 36. Amos 2. Zach 15 James 5. 1 Reg 17. 1 Reg. 18. 1 Reg. 19. 2 Reg 9. 1 Reg 19. Mat 10. Notes for div A47584-e143040 The disposition . Note . Verse 23. From whenc● all Authority floweth . Psal. 82. 2. Point . Rom. 13. Note . Note . Josh. 1. What is required of a King or Prince . The Authority and Power of Kings is limited . Note . Usc. The duty of Gods people . Ezek 20. 2 Reg. 17. Isai. Jere. 9. Eccles 3. Isa. 3. Verse 14. Verse 15. Ezel . 8. Note . Apoc. Vers. 15. Vers. 16. Josh 24. Rom 9. Dan. 1. Dan. 2. Dan. 3. Dan. 6. 1 Esd 2. 1 Esd 6. A Prayer . Vers. 16. 1 Joh. 2. 1 Reg. 22. 2 Reg. 9. Verse 17. Verse 18. John 16. Vers. 19.20 . Verse 19. Gal. 2. 1 Pet. 1. Ezek. 37 Psal. 14. 1 John 5. Eccles. histor . Sozomoni . lib. 5. cap. 5. A terrible , but must true sentence . The Castle of Edinburgh was shooting against the exiled for Christ Jesus sake . 
B06604	----	His Majesties gracious letter to the Privy Council of Scotland William III, King of England, 1650-1702. 1690 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06604 Wing W2336A ESTC R187843 52529099 ocm 52529099 179248 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06604) Transcribed from: (Early English Books Online ; image set 179248) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2781:15) His Majesties gracious letter to the Privy Council of Scotland William III, King of England, 1650-1702. Melville, George Melville, Earl of, 1634?-1707. England and Wales. Sovereign (1689-1694 : William and Mary) Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of Privy Council, [Edinburgh : 1690] Caption title. Imprint from Wing. Signed and dated at end: Given at our court at Kensingtoun, the thirteenth day of February, 1689/90. And of Our Reign, the first year. By His Majesties command, Melvill. Giving instruction to the Privy Council to issue a proclamation extending the adjournment of Parliament in Scotland from the 1st to the 18th of March 1690. Reproduction of the original in the National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-02 TCP Assigned for keying and markup 2008-03 SPi Global Keyed and coded from ProQuest page images 2008-04 Elspeth Healey Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion His Majesties Gracious LETTER to the Privy Council of SCOTLAND . WILLIAM R. RIght Trusty and entirely beloved Cousin and Counsellor , right trusty and right well beloved Cousins and Counsellors , right trusty and well beloved Cousins and Counsellors , right trusty and well beloved Counsellors , and trusty and well beloved Counsellors , We Greet you well . We have received yours , Dated the 8th Instant , wherein you invite Us to be present the next Session of Parliament , in that Our Antient Kingdom , which We accept of very kindly from you , and assure you , that as it was Our Resolution when We came over to Britain , to Deliver these Nations from Popery and Arbitrary Power , that the Protestant Religion , the Laws , Rights and Liberties of the Subject might be secured ; So when We were Settled in the Royal Power , We endeavoured to perfect so good Intentions , doing all things that We thought conduceable thereto , and though Matters have not had the desired Success , yet We are not Discouraged , but with that firmness of Resolution that formerly , We undertook this Voyage into Britain , We are determined by God's Assistance , under whose Divine Protection We have cast Our Self , and all Our Concerns , to Prosecute these great Ends in Settling both Church and State upon the solid Basis of Law and Equity , as may be most acceptable to Our People , and Secure this and succeeding Generations , from the Fears of former Evils . And We conceiving that the Meeting Our Parliament in Person , might contribute most for accomplishing Our Designs , Ordered you to Adjourn the said Parliament , from the eighth of October to the first of March successivè ; But many great and urgent Matters , which concern the Common Good of the Protestant Interest , and the well of these Our Kingdoms , oblidging Us to Meet Our People of England in a Parliament here on the twentieth day of March necessitats Us to continue the Adjournment of the Parliament in that Our Antient Kingdom , for some longer time : Therefore We Require you to Issue forth a Proclamation in Our Name , for continuing the Adjournment from the first of March , to the eighteenth day thereof , betwixt and which time , We are hopeful lay down such Measures , and to give such Instructions to Our Commissioner , till We can be present , as may give satisfaction to Our People ; Resolving alwayes to prefer their safety , to Our quiet and repose , esteeming the Ruling by Law , and in moderation , the greatest , as well as the furest of all Our Prerogatives ; Expecting in the mean time you will take all care for getting Subsistence to the Forces , and doing all other things that you judge necessary for the good of the Countrey , and Our Service : For doing of which , this shall be your Warrant ; And so We bid you heartily Farewell . Given at Our Court at Kensingtoun , the thirteenth day of February , 1689 / 90. And of Our Reign , the first year . By His Majesties Command , MELVILL 
B06608	----	His Majesties letter to the Privy Council of Scotland, for opening the signet, and intimating the sitting of the session. William III, King of England, 1650-1702. 1689 Approx. 3 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B06608 Wing W2366 ESTC R186652 53299352 ocm 53299352 180073 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. B06608) Transcribed from: (Early English Books Online ; image set 180073) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2812:17) His Majesties letter to the Privy Council of Scotland, for opening the signet, and intimating the sitting of the session. William III, King of England, 1650-1702. England and Wales. Sovereign (1689-1694 : William and Mary) Scotland. Privy Council. 1 sheet ([1] p.) Printed by the heir of Andrew Anderson, by order of Privy Council, Edinburgh : 1689. Caption title. Item identified as W2366 on Wing reel 951 is actually W2372A. Cf. Wing (2nd ed.). Imperfect: right edge cropped, with slight loss of text. Reproduction of original in: National Library of Scotland. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Parliament -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-02 TCP Assigned for keying and markup 2008-03 SPi Global Keyed and coded from ProQuest page images 2008-04 Elspeth Healey Sampled and proofread 2008-10 SPi Global Rekeyed and resubmitted 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion His Majesties LETTER To the Privy Council of Scotland , For Opening 〈◊〉 Signet , and Intimating the Sitting of the Session WILLIAM R. RIght trusty and right wel-beloved Cousins and Counselors , 〈◊〉 trusty and wel-beloved Cousins and Counselors , right trusty 〈◊〉 wel-beloved Counselors , and trusty and wel-beloved Couns●●●●● We Greet you well ; whereas Our Commissioner and the E●… of Our Parliament , did think fit to stop the opening of the Signet for 〈◊〉 time , till We should Signifie Our Pleasure , concerning the Nomination 〈◊〉 Lords of Session ; And We having seriously considered that Matter , an 〈…〉 great Inconveniency that must arise to Our Leiges , by so long a Su 〈…〉 of Justice , in that Our Ancient Kingdom : Therefore , We have Resolv●● 〈◊〉 make up a Compleat Nomination of the Lords of Session , and to open 〈◊〉 Signet , that Justice may have its Course , And We do Authorize , an●●●quire you to Emit a Proclamation in Our Name , certifying Our Leidge 〈◊〉 the Session will sit at the ordinary time , the first day of November next 〈◊〉 that the Lords of Session will proceed in the Administration of Justice , 〈◊〉 patch Processes as they stand in the Books of Enrollment , those Processing allwayes wakened in Our Name , and the Queens , and that Our Sig●●● Opened , so that all Summons and Writs may be expeded in the C●… Form. And We Do Require you to Dispatch this Proclamation and cause the Signet with all Diligence . Likewise you are to Advertise these Lo 〈…〉 Our Former Nomination , whose Oaths were taken by the Earl of C●… upon Our special Order , to give Attendance for passing of Bills of Su●… on , and other Bills in Common Form : And whereas Sir James Dalry●… Stair President of Our Colledge of Justice , and Sir John Baird of 〈…〉 ( whom We have now Reponed to his Place in the Session ) and Alexander Swinton of Mersignton have been Tryed , as to their Qualifica●… required by the Acts of Parliament , and accordingly Admitted , We therefore Authorize , and Require you to appoint them , or any Two of 〈◊〉 to Examine and Try the Qualifications of the Remanent Persons , nam●… Us , and Admit them to the said Office , if they shall find them Qu●… according to the saids Acts of Parliament ; And that these who shall be ●…mitted concur with them , in Tryal and Admission of the Rest : For all 〈…〉 this shall be your Warrand , and so We bid you heartily farewel . Given at Our Court at New-Market the Fifth day of October , one tho●●●●● six hundred eighty nine , And of Our Reign the first year . By His Majesties Command MELVIL● Edinburgh , Printed by the Heir of Andrew Anderson , by Order of Privy C●●●cil , Anno Dom. 1689. 
A62145	----	A compleat history of the lives and reigns of, Mary Queen of Scotland, and of her son and successor, James the Sixth, King of Scotland, and (after Queen Elizabeth) King of Great Britain, France, and Ireland, the First ... reconciling several opinions in testimony of her, and confuting others, in vindication of him, against two scandalous authors, 1. The court and character of King James, 2. The history of Great Britain ... / by William Sanderson, Esq. Sanderson, William, Sir, 1586?-1676. 1656 Approx. 1907 KB of XML-encoded text transcribed from 322 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-03 (EEBO-TCP Phase 1). A62145 Wing S647 ESTC R5456 12378593 ocm 12378593 60657 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A62145) Transcribed from: (Early English Books Online ; image set 60657) Images scanned from microfilm: (Early English books, 1641-1700 ; 226:9) A compleat history of the lives and reigns of, Mary Queen of Scotland, and of her son and successor, James the Sixth, King of Scotland, and (after Queen Elizabeth) King of Great Britain, France, and Ireland, the First ... reconciling several opinions in testimony of her, and confuting others, in vindication of him, against two scandalous authors, 1. The court and character of King James, 2. The history of Great Britain ... / by William Sanderson, Esq. Sanderson, William, Sir, 1586?-1676. [33], 262 p., [4], 265-599, [3] p. : ill., port. Printed for Humphrey Moseley, Richard Tomlins, and George Sawbridge ..., London : 1656. The two works mentioned in the title are by Anthony Weldon, and Arthur Wilson, respectively. The second part has special t.p.: The reign and death of King James. London : Printed by H. Hills, 1655. Reproduction of original in Yale University Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. Gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO. EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org). The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data. Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Mary, -- Queen of Scots, 1542-1587. James -- I, -- King of England, 1566-1625. Weldon, Anthony, -- Sir, d. 1649? -- Court and character of King James. Wilson, Arthur, 1595-1652. -- History of Great Britain. Scotland -- History -- Mary Stuart, 1542-1567. Scotland -- History -- James VI, 1567-1625. Great Britain -- History -- James I, 1603-1625. 2002-08 TCP Assigned for keying and markup 2002-12 Aptara Keyed and coded from ProQuest page images 2003-01 Mona Logarbo Sampled and proofread 2003-01 Mona Logarbo Text and markup reviewed and edited 2003-02 pfs Batch review (QC) and XML conversion A COMPLEAT HISTORY OF The LIVES and REIGNS OF MARY Queen of SCOTLAND , And of Her Son and Successor , JAMES The Sixth , KING of SCOTLAND ; And ( After Queen Elizabeth ) King of GREAT BRITAIN , FRANCE , and IRELAND , The First , ( Of ever Blessed Memory : ) Reconciling several Opinions , In Testimony of Her , and Confuting others , in Vindication of Him , against two scandalous Authors ; 1. The Court and Character of King James , 2. The History of Great Britain . Herein is expressed , The particular Affairs of Church and State : The Reformation of the One , The Policies and Passages of the Other . The frequent Disturbances of Both , By Wars , Conspiracies , Tumults , and Treasons , with the contemporary actions of Neighbor Nations , in reference to this whole Island . Faithfully performed , By WILLIAM SANDERSON , Esq London , Printed for Humphrey Moseley , Richard Tomlins , and George Sawbridge , and are to be sold in Pauls Church-yard , at Py-Corner , and on Lud-Gate-Hill . MDCLVI . THE PROEME TO THE First Part. TO be in print without a Preface is not the Mode now ; and though it intends to let in the Reader , as the Porch to a Palace , yet it seems to be built up after the Book . For u●ually it discovers the weakness of the Work , by an ingenuous Confession of more faults than some other man may find out , and so craves favour . I prefix this really before I write more of the matter ; And therefore to pretend excuse for what shall follow amiss , might seem a presumptuous sin , as if I meant to offend : Not , but that Offences will come , and may be found out hereafter , more properly then to be summ'd up in the end of all , and added to the Escapes of the Presse , and so to plead the Generall Pardon . Our Design is History ; commonly divided into 3. Kinds . 1. Memorials , A naked Narrative without contexrure of Things and Actions . 2. Antiquity , The Shipwrack of History , somewhat saved from the Deluge of Distruction , and so subject to question , as that excellent History of the World , done by Sir Walter Raleigh , with exact diligence ; which yet indures the examination of his Errours , by One , who in truth took much pains to worst it the more ( that Master-peice ) by the Epitomy , which ( besides the injury to the Work it self ) becomes unprofitable to the Readers expectation . With these two kinds we mean not to meddle . 3. But with Perfect History , being in truth that which comprehends a Chronocled Time , representing the life of a Prince , with the Narrative of actions relative ; therefore with little favour of different opinions , may be accounted the most compleat for Estimation , Profit and Use in the magnitude of Affairs , Men and Matter . And of this nature , Our Histories of England are said to be defective in the Main ; And for that of Scotland , too too partial as done by different affections and interest in matters Ecclesiastical and Civil . Therefore it hath been accounted worthy the labour , to mold them both into one Body joined to these times from their first conjunction in Union of the Roses , to the uniting of the Kingdomes . The latter hath been in some sort set out ( single ) to our hand by a Compendium of the 5. King Iames's , immediately succeeding each other , and lately done by William Drummond . After whom we intend to take up the Remain ; Beginning where he leaves , with the birth of Mary instantly succeeding the Death of her Father Iames the fifth with the contemporary actions of neighbour Princes . And so to her Son and Successor Iames the sixth ; and ( after the death of Queen Elizabeth ) of Great Brittain , France and Ireland the first , and last King compleat , in right of issue descended from Margaret , eldest Daughter unto Henry the seventh of England , and Iames the fourth of Scotland , with Re-union in that antient Title of Brittain . But in brief ; The first Union of Marriage begat a present Peace , between Henry the seventh of England , and Iames the fourth of Scotland . And at that instant , Scotland brought forth a Prodigious Monster of Man ; under the waste like other men , the Members both , for use and comliness were two ; and standing it was indifferent to which of the two Bulks the Legs belonged . This Bifrons had different passions and divers wills ; chiding each other , and quarreling ; until by over-wrangling , they unwillingly agreed , and was cherished by the King , taught languages , and lived eighteen years . A Monstrous Omen to the Union . This Iames was young and active , for twenty five years of his Reign , having occasion to cope with two Henries , the Seventh and Eighth of England , Father and Son successively . The first took his Entry here by Arms , and Establishment by marriage . Yet the times proved to him , like strong Tides , full of Swellings , but well mannaged by the wisdome of an able Pylot , through all storms ; being of himself the most sufficient Sovereign of any his Predecessours . Between Him and Iames the fourth , there had been distempers , ever espousing the French Quarrels . And therefore their times produced sundry great mutations , treacherous , false and deceiving , the events belying the Beginnings . Princes mostly inconsiderate , before they imbarque , whether their Wars be just or necessary , and may serve Examples of great mens frailty . After the death of Henry the seventh , succeeded his Son Henry the eight , young and wealthy , whose actions had more of Gallantry than Honour , though he meddled with the mixed Affairs for ballancing the Western Monarchy amongst the Pretenders , Germany , Spain and France , with the change of Religion to reformed . And so soon as ingaged against Louis of France , Iames interposed , as to divert him . Enters upon Ireland , invades the English Borders , and after comes to handy blowes in Northumberland . The English six and twenty thousann , the Scots many more ; and at Flowden Field 1513. a wondrous slaughter on both sides , and Iames in the Fight was lost , as in a Fog , for ever ; though he acted so well his affected Popularity , that his loss became more disconsolate to his People , than any his Predecessors . His Son succeeds , a cradle King , seventeen Moneths old , under Tutelage of his Mother , who implores Henry her Brother , for compassion upon a Widow-Sister , and an Orphan-Nephew , not to wage War , but to defend them . He answers like himself , With the mild he was meek , and with the froward he could fight . But she too weak for her wild Subjects , marries with the Earl of Angus , and being disdained for matching so meanly , the Duke of Albany , of Scots race ( begotten in Exile ) is sent for out of France to govern them at home . The success may soon be imagined ; for the Scots heretofore had killed Iames the first , covenanted with Iames the second , overthrown Iames the third , and ( some say ) mislaied Iames the fourth , and now hardly submit to a Stranger . The Queen and Angus fly to England , and here she is brought to Bed of Margaret , Grand-Mother to King Iames the sixth . Conspiracies increase in Scotland , fomented from Henry the eighth , till horrid Rapines , wearied each party into a Peace at home , and England also . And thus freed from War for a time , the Governour Duke executes Justice upon such whose former fewds had made but suspitious , and so he wearied with doing evil , returns into France to settle their Solemn League . He gone Henry the eight sends home the Queen and Angus , and having this while composed his French Quarrels , with a Defensitive Amity against all . Tourney rendred to the French , and Overtures of a Match between the Dolphin and Henries Sister , and not a word for the poor Scots , that had lost their King in the French Dispute , only interceding for a Cessation of Arms with the English , and so accepted for Henries conveniency of Princely Interview with Louis . The while supporting Angus and his Faction , their own Civil Dissentions sufficient to busie themselves , and to keep matters in much disorder ; the policy of England and France both to weaken the Scots power for eithers prey , which being suspected by Albany , now in France , and the violent Fewds beginning fresh at home , after five years absence , he gets loose of the English Ships , that lay wait in his way , and Lands in Scotland . The Governour come , he sets things strait again , which by his absence were made awry ; forces Angus into France , many suffer besides ; others more factious fly into England , and pretend the Dukes sudden return , was to ingage that Nation against Henry , who in rage sends to the Governour to be gone to his French Friends , or to expect blowes ; and was answered as peremptorily , That in case of War , he knew better to defend than the other to fight . King Henry in fury sets fines on some Scots here , and after banishes all , and presently pursues with invasions upon their Nation by Sea and Land. And over to England comes the Emperour , instigating the King to fall out with France ; the like Empirick Balm the French apply to cure the wounds of the Scots Commonwealth ; which prevailed so far , that both Armies meet , but the Scots would not fight ; the English fire all before them , and the Governour not affected with the Scots falshood returns back to France for ever . Angus gets home again , countenanced by Henry , assumes the person of the King ( now thirteen years old ) concludes a lasting Peace with England , and proposes a Marriage between the young King , and the Princess Mary ; which Henry in heart desired , untill he heard of the French King Prisoner at Pavia , by the Emperour , so the match was put off , upon pretence for the Emperours consent her neerest Kinsman . The Queen displeased with her Husbands Supremacy over her Self and Son ; and both agreed to dislike each others Bed ( for it was fatal to her , as to her Brother Henry to love change in And forthwith followed Divisions of Religion in Scotland also , with Disputes and Arguments for Toleration , excellently urged in ●avour of the Reformed ; but the Catholique Clergy prevailed ; and the Inquisition erected to force the other with Fire and Fagot . The first that suffered in suspition of those attempts , were the Hameltons , of Kin to the Crown ; which wrought factions to such height as that King Henry takes heart , begins by Incursions , where the English were soundly beaten . And then in Revenge Howard , stiled the Old Earl of Norfolk , is sent with formidable Forces , 40000. to 30000. ( if the sums are not mistaken ) either party so numerous , as to eat up all and starve themselves , But upon some distrust of success , the Earl retreats . The Scots pursue this advantage . And the next Spring mutiny among themselves , and at Salloway Moss the English gave them a mighty defeat ; which so astonished King Iames , that with wondrous regret he forced death , over hastily to seize him ; at the instant , when his Queen was delivered of a Daughter , the only issue remaining to succeed him in his Throne . And with he begins our History , The Life and Death of his Daughter Mary Queen of Scotland , taking up the Remain of Henry the eighth , who lived not long after , leaving his three children succeeding Sovereigns , yet thought him not worthy memory by any Monument . Edward the sixth , whose short raign and youth , supported by a wise Council , held up what was left him by Succession . Untill the Soveraignty fell to his Sister , with alteration of all and hazard of all , she being imbarqued in body and business to a Strangers Supremacy : but not lasting long time , Was left to a Virgin , to recover desperate dangers , Ecclesiashick and Civil , with various Designs , Impressions and Operations upon her Neighbour States ; imbroyled with her jealousies to infamy of destruction in the blood of Q. Mary of Scotland , her neerest kinswoman and pretended Competitor in the Crown , untill at last in Gods due time the Sovereignty fell to a Foreiner . King Iames , with re-union of the antient Title of Britain , Elizabeth indeed succeeded in the Inheritance begotten by H. 8. upon Ann Bullen ; after his divorce from Katharine his Brothers widow , by whom he had Q. Mary , and that mariage dispensed with by the Pope . Hence did arise a question ; Whether the Divorce was legal , or Elizabeth legitimate ? when Adam was created , Eve was taken out of him , and made Woman , a fit Instrument for prolification and Society . And both married in Paradice , God the Father being the Priest , and the Angels Witnesses ; for which cause , A man shall leave Father and Mother and cleave to his Wife . They begat Sons and Daughters , which were Brothers and Sisters , and married one the other without contradiction , untill the Flood , nay , after the Flood , untill Moses writ . And these Marriages were not against the Moral Law written in their hearts ( which being much obliterated in the faculties of the Soul by reason of Adams transgression , when Moses writ the Law of Nature ( or Law of Reason ) it was therefore twice written in Tables of Stone , that by reading those Precepts ( which were much defaced within ) man might repair , in some measure , those Laws almost blotted out by sin . And so by reading get them into his Understanding , Will and Memory , Mans Knowledge comming most naturally by Sense . Moses did not onely write this Morall Law in Stone , but gave many positive Laws for the Pedagogie of the Iews untill Christ , as the Ceremonial and Iudicial . The Iudicial Lawes , amongst other things did forbid Marriages in cases of blood and affinity , and these continued until Christs time , and no longer , unless there were a Moral Equity in them , which Morality is onely inter Ascendentes & descendentes , where there is a kind of Paternity and Fi●●ation , for Filius non portabit iniquitatem Patris ; and for that sin Iacob cursed Reuben , for ascending his Fathers bed . This ground being truly laid , it was conceived , there is no Law of God in force , but that which is between Ascendents and Descendents . It is true , every Church hath made Laws to bind people in their Churches ; but it was insisted upon only in this , That the Moral Law doth not forbid , and the Ceremonial and Iudicial Laws are now abrogated . In Sir Giles Allingtons case ( not long since ) who married his Sisters Daughter , there was a sin against the Moral Law , and so they were divorced . But it was said in that case , that if the Aunt had married the Nephew , it had been a greater sin , because the Au●t being in loco Parent is to the Nephew , he by such marriage being Husband to the Aunt , became by that Relation Superiour to his Parent , which did aggravate the offence . So then that which is to be insisted upon is the law Moral , which is the constant and permanent will of God , both in the Church Triumphant and Militant . So that Adam could never marry any , if he had lived until this time , being the common Parent of Mankind in the Old World , and Noah in the New. And thus much concerning the Divorce , and Elizabeths Title . But to conclude , it comes to be our Task to enter upon this work of Mother and Son , and to enliven their Memories with their ●ives and Actions , not singly neither , but contemporary too , with such Affairs of State , as intermixes with others of Europe . As also the State Militant of the Scots Kirk in Persecution , Motion , and at Peace , in relation to the Arks , upon the Water , in the Wilderness , and in the Temple . The Materials of All need no Ornament , but adjustment . Bona fama , propria possessio Defunctorum . And if ever to any of old , stiles and additions were allowed , properly and truly they may challenge , Piae Memoriae , Bonae Memoriae , Felices Memoriae , as due to them . I dare not appropriate to my self abilit● in these as to a Compile . I rather wish it compleat in another , endeavouring onely to set down such particular Actions Memorative , as may hereafter enlighten abler pens to consummate . Those Collections hereby commended to posterity for that purpose ; To raise a better Structure out of this imperfect Rubish . Index of the first Part to the entrance of King JAMES to the Crown of England . THe Introduction of K. James 5. and his Wife , and of their Daughter Queen Mary , their story in brief to the Birth of King James 6. from page 1. to 8. A. Acts concerning Episcopacy 110 Ambassadours privilege discussed 74 abused 97 Ambassadours about Marriage with Denmark 137 Ambassadours sent by the King to forrein Princes concerning succession to the Crown of England 219 Angus and other fugitives in England , their insolence 105 dies bewitched 135 Queen Ann's design to seize the Prince 183 Army of the English and Scots slain 13 Armies of the Queen against the Lords 38 Armstrong a prisoner in England set free by force of Arms with a trick 191 difference hereupon 192 Arch-bishop of St : Andrews dies , and is abused by the Ministery 160 Earl of Arran's plot 27 dies , his character and issue 84 Earl of Arran his power in state 105 Earl of Arundel arreigned 154 Six Articles of the Church 36 Ministers assemble at pleasure 26 Assembly petition and are answered 158 Assembly make work 194 Blake his mutiny and story 196 the Assembly assist him 199 dangerous tumult 202 Qu : Elizabeth interposes , her Letter to the King 204 Lord Aubigny in favour with King James 93 displeases Queen Elizabeth . ib. B. BAbington's treason 114 Basilicon Do●on , the occasion of it in publick 223 Beaton Cardinal murthered 11 Beza and Calvin at Geneva 16 Bishops restored 104 Bishopricks , the state thereof in Scotland 224 Blake his mutiny and story 196 turn'd out of all 213 Blunt sent into Ireland 242 Borders of Scotland how bounded 44 Borderers confer and quarrel 83 Borderers in feud 137 Bothwel flies into France 35 advanced in favour of the Queen 42 visited of the Queen 44 is divorced 47 marrieth the Queen 49 desires the single combat , and flies with the Queen 50 flies into Denmark 59 Bothwel accused of Witchcraft 159 is committed , and escapes 160 Bothwel's treason to seize the King 164 Bothwel's attempts at Faulkland defeated 167 Bothwel steals into Scotland and surprizes the King 171 inforces Articles 172 Bothwel arms , and is defeated 177 Bothwel and Popish Lords rebell 180 are defeated 181 Bothwel flies , and dies at Naples 182 Burleigh's Speech to the Scots Ambassadours 94 Lord Burrough Ambassadour to the King 170 C. CAles Voyage 210 Articles at Calice 19 Calvin and Beza their Discipline at Geneva 16 that Confession 44 Catholick Lords of Scotland dismayed , plot , rebell 145 , 146 their designs 147 Cecil's Letter to Knox 22 Cecil writes to King James , and his Answer 258 Chancellour of Scotland dies , his character 184 Chatelet executed 39 Colvil Ambassadour to England complains of Zouch 177 Of single Combats and Duels 53 C●mmissioners treat about 〈◊〉 Scots Queen 63 and again 78 Commissioners meet to treat of Peace with France and Spain , dispute about Precedency 143 Conspiratours executed 104 Coin over-valued 91 Crag a Minister , his Life and Death 132 D. LOrd Darley returns out of banishment 34 marries the Queen 37 is debarred bearing of Royal Arms 40 turns Protestant 41 is discontented 43 and murthered 46 his character 47 Davison's Letter to the Ministers 251 Designs in England for Queen Mary 103 Discipline framed 25 and subscribed 26 Duke of Tuscany fore-warns King James of Poyson 231 E. EDenburgh Castle besi●●ed and won 80 Queen Elizabeth expostulates the Rebellion of Scots Lords , moderates the Scots differences 76 Qu : Elicabeth aids Navar 156 and the Dutch ib. raises her Custom 157 Queen Elizabeth strikes Essex 221 Queen Elizabeth dies 261 Lady Elizabeth born 194 Christned 199 English confederate with Scots reformed , and how 22 English expedition to Portugal 154 English take Cales 210 Acts concerning Episcopacy 110 Essex his expedition into France 162 his Voyage to the Azores 215 Essex and Cecil's intelligence with King James 2●4 Essex his Treason 233 F. FActions and Feuds 168 The first Fast general of the Kirks 40 Forrein Titles their precedency at home disputed 21 French aid the Scots 13 quarter the Arms of England●9 ●9 King of France killed at a Tilting 20 King Francis of France dies 25 French break the League with England 25 French King relieved by Queen Elizabeth , turns Papist 169 France hath aid of England against Spain 220 Fr●●●h Ambassadour and Cecil discourse about the Kings succesion 258 G. OF Geneva , their Government , Church and State 15 the promulgation of that Discipline 18 Geneva besieged 225 Earl Gowry created 95 surpri●es the King at Ruthen 96 his Imprisonment , Arreignment and Execution 100 Gowry's conspiracy ●●● Lord Gray's design to kill 〈◊〉 , he is banished . H. HAcket's horrible Tenets , Disciples , Blasphemy , Execution 162 , 163 Prince Henry born 176 his Baptism 179 Huntley rescues Colonel Semple 141 writes to Parma , and the King of Spain 146 rebells 147 committed and adjudged guilty 149 , 150 Huntley and Murray quarrel 159 Huntley cause of Murray's death 165 , 166 I. KIng James born 42 baptized 45 King James and his Mother in faction and feud 80 is crowned 90 his appearance in Parliament , his Speech 92 King James surprized 96 makes a Feast , and the Kirk makes a Fast 98 frees himself 98 Proclamation against Iesuits 148 Iesuits , their Seminaries , confirmed by the Pope 164 Interests of Fa●●ions discussed 68 I●ish Rebells 161 , 209 Don Juan de Austria his design against England blasted 87 K. KIng's design to meet his Bride in Norway , disposes his Government 150 marries the Queen and goes into Denmark 152 his Queen arrives in Scot●and and is crowned 153 Kirk have what they desire , manner of their Excommunication 45 ingratefull , prescribe behaviour to the Church of England 46 stiled Precisians 84 Kirk stirs the State being troubled 166 Kirkmen in Scotland mutiny 137 , 138 John Knox Minister the prime Incondiary of Reformation 12 his Travels and Faction , accused of Treason 15 arrives in Scotland and begins Troubles 20 insolency towards Morton , and con●ers with the Queen 31 his Breves to his Brethren , he is questioned 33 his insolency 34 preaches against Government 38 L. ANtient League between the Scots and French 12 Holy League 106 Holy Leaguers 155 League offensive and defensive between England and Scotland 112 Lenox and Darly return from banishment 34 Lenox elected Regent 69 is slain 77 his old Countess dies , her Descent and Issve 87 Lewis Isle reduced in the North , and the effect 256 Lords take Arms and are defeated , fly into England and get aid , and submit 39 banished , and return 42 Lords conspire , declare , seize the King at Sterlin , and treat 107 Love-trick of a Woman 168 M. MArriage proposed between England and Scotland 10 Marriage of King James with a Sister of Denmark propounded 107 Ambassadours about that Marriage 137 Earl of Mar Regent 77 dies 78 Northern Martyrs 9 Queen Mary sent into France 14 returns out of France 25 Queen Mary affects the Lord Darly 34 and proposes to marry him 36 she answers the six Articles of the Kirk and marries Darly 37 takes Arms against the Lord , 38 is brought to bed of King James 42 Summary of the Lord Darley's murther , and of the Queens hasty Marriage 48 Queen Mary resigns the Government to her Son King James 52 is defeated , flies into England , and writes to Queen Elizabeth 62 Queen Mary imprisoned , her Commissioners treat in England 63 Queen Mary designed to dy 86 writes to Queen Elizabeth 95 Queen Maries story returned to 113 Queen Mary comes to her Trial 115 the manner thereof ib. her Sentence of Death 116 the sequel 117 King James perplexed sends to Queen Elizabeth Letters , Ambassadours who reason with her 118 , 120 false Tales , Scotland in disorder , the Kirk refuseth to pray for Queen Mary ib. Mandate for her Execution , the manner thereof 121 her Epitaph 126 Queen Elizabeths Letter to King James 126 Davison sentenced about Qu ▪ Maries Death , his Apology to Walsingham 127 Walsingham's Letters to the King and the Lord Thirlstan 128 the Kings Deportment on his Mothers Death 134 is caressed by Queen Elizabeth 134 Designs of several Nations to revenge her Death 135 Massacre of Protestants 〈◊〉 France 83 Mass opposed 26 Melvil a Disciplinarian his railings 82 a fiery spirit 85 his evil manners 100 Insolency against the Mass 32 Maxwel arms against Johnstone 106 rebells , and is taken Prisoner 138 Messam the Minister hath a Bastard 29 his penance 42 Ministers assemble at pleasure 26 allowed maintenance by Modificators 27 vote themselves exempt 〈◊〉 justice 28 Ministers denounced Rebells fly into England 102 Ordinance of Parliament against them , and for what reasons 102 their impudent Reply sharply answered 103 Ministers and their insolence 109 cause of good Acts ib. Ministers in tumult 174 Blake a Minister his mutiny and story 196 Welch a Minister his preaching 202 Ministers refuse to give God thanks for the Kings Deliverance , and are silenced ib. Earl Morton Regent 78 basely betrays the Earl of Northumberland 80 besieges Edenburgh 80 his Coin 82 Misgoverns , the Lords conspire against him 88 offers to resign 89 Morton deposed , plots revenge 90 imprisons the Chancellour 92 is charged with murthering the Lord Darly , is executed , his Character 95 Mowbray's intent to kill the King 257 Mu●●ay made Protector 59 takes Arms 60 posts to Queen Elizabeth 67 is slain 68 Murray slain 166 the cause , lamented ib. Murther of the Guises ; and Henry 3. of France 153 N. NArration of the Spanish Navy 141 number of the Ships , Men , and Ammunition 142 defeated by Fire-ships 145 Queen Elizabeths message thereof 141 Rumours of the Spanish Navy in 88. 140 the Kings Speech thereupon , the Chancellours opinion , Bothwel on the contrary , Colonel Semple's false Designs ib. is rescued by Huntley , who is banished the Court 141 Netherlands called to account 209 〈◊〉 of Norfolk committed , his story 68 arreigned and executed 78 Norris sent over to Ireland 209 Earls of Northumberland and Westmerland fly into Scotland 68 betrayed by Morton , and executed 80 Earl of Northumberland pistols himself 114 Northumberland writes to King James , and his Answer 259 O. ORmston executed about the murther of the Lord Darly 84 P. THe Kirks justice against Papists 30 Papists Plots 169 Papists banished ●●8 Papists Plots , devising 〈◊〉 Titles of Pretende●● to the Crown of England 188 Parliament surprised 77 Parliament Royal 91 Parliament wherein the Kings Supremacy is con●irmed , and divers Laws against 〈◊〉 enacted 104 Duke of Parma dies 170 Paulet Lord Treasurer dies , his childrens children 〈◊〉 76 Antonio de Perez 86 Perez his character 189 Popish Lords return from banishment 194 Presbyters fly into England , and why 104 their equivocation ib. Proceedings against Popish Lords by the Ministers 173 Propositions for Queen Mary and Queen Elizabeth 67 R. RAndolph Ambassadour 91 abuses his privilege 94 dies 161 Rebells defeated 29 Rebells submit , and are committed 149 Reformed rebell 20 covenant and call in Aid French and English 21 covenant to expell the French 24 Articles of their Faith , France their Presbytery 24 Reformation in the University 213 Religion . The Scots how Christians 8 Remonstrance of the Assembly against Papists , and the remedy 178 , 179 Ri●t com●itt●d by the Lords 27 Rizzio th● French Secretary 39 Bishop of Rosse Ambassadour for the Scots Queen examined 73 is rel●●ed imprisonment 83 his Death and character 208 S. SIiege of Ost●nd 252 Earl of Shrewsbury dies 161 Spanish Forces land in Ireland and are defeated 254 Squire impoysons the Queens Saddle 221 T. TItles forrein their precedency at home dispu●ed 211 Treaty at Cambray 19 at ●denburgh 24 U. UNiversity reformed 213 W. WAde sent into Spain returns unheard 103 Walsingham dies , his character 160 War in Scotland and France by the English 10 assist several Factions 21 Welch a Minister his preaching 202 Witches . See Bothwel . Witches discovered 2●3 Wotton sent Ambassad●● to Scotland 206 Wotton plots with the c●●spiring Lords , and posts home 107 Z. LOrd Zouch Ambassadour from England●●ment● ●●ment● the send against the King 176 Narrative Passages of the first Part and stories , to be read single by themselves . 〈…〉 〈…〉 〈…〉 of Geneva 15 Queen Maries Marriage with the Lord Darly 36 〈…〉 〈…〉 and story 42 Darly the Queens Husband murthered 48 Narrative of Darly's murther , &c. 52 Digression , of Combates and 〈◊〉 53 Queen Maries escape out of Prison in Scotland , her Encounter with her Rebells , she is discomfited and flies into England 60 Digression , of Ambassadours privilege 74 Massacre of Protestants in France 83 Episcopacy in Scotland continued ●● Bab●ngton's Treason ●14 Queen of Scots her Trial in England 115 sentenced and 〈◊〉 of Execution 121 Secretary Walsingham's Letter concerning the Execution of the Queen of Scots●●8 ●●8 The Spanish N●vies Design against England in the year 1588. 141 King James 6. sends Commissioners first , and goes over himself to fetch his Queen from Denmark Concernments of France with the murther of Henry 3. 155 Hacket's horrible Tenets , arreigned and executed 162 Ministers mad work 194 Digression how far , forrein Titles precede in England 211 Digression concerning the power of Witches and Witchcraft 214 Earl Gowry's conspiracy against King James 225 Earl of Essex his Treason against Queen Elizabeth 233 Irish affairs under Lord Blunt Deputy of Ireland 242 English Commissioners in France dispute Precedency 243 These particular Passages of the Second Part may be read by themselves apart . INtroduction to the Second Part page 2 Of Knights Batchelors 271 Of the Order of the Garter , and Saint George his story 273 Of Earls , and their Dignities 274 Of Barons , and their Dignities 275 Knights of the Bath their Creation 276 Digression , concerning Imperial Rule , and Interest of Christian Princes 277 Of War and Conquest , of Success , their Consequences 281 Sir Walter Raleighs Treason 282 Of Presbyterians Doctrines 289 Conference at Hampton Court 293 Translation of the Bible and singing Psalms 308 Catechising commended 310 Of Parliaments , their beginnings 312 King James first Speech in Parliament 319 The Powder Treason 323 The Oath of Supremacy , and K. James his Apology to Forein Princes 329 Of Iesuits how to suppress them 331 Libel against the Lord Treasuer Salisbury , and His answer 334 King James Speech and answer to the Arguments concerning the Union 338 Sprots Conspiracy with Gowry , his arraignment and Execution 342 Lord Balmerino his treacherous Design 348 King James his second Speech in Parliament 353 Duke of Gelders his Descent and Death 361 Prince of Wales , their Dignity 362 Of Chelsey Colledge 365 Of Masks and Comedies 366 Suttons Hospital founded 367 Of Vorstius and Arminius , their Books and Doctrines 370 Prince Henries Sickness and Death 377 Treasurer Lord Salisbury his Life and Death 381 〈…〉 〈…〉 James 391 Earl of Northampton's Life and Death 393 Of Duels and Combats 394 Of Plantations in America 400 Of Bar●nes Knights creation 402 King James wants discussed how to be relieved 404 Earl of Somerset & his Countess arreigned 414 His Letter to K. James 420 The case of Commendams 424 Difference between the Chancery and Common Pleas , and their Dignities 431 King James his Speech in Star-chamber 439 Sir Thomas Lake and his wives story 446 King James journey into Scotland 450 George Villiers a favourite his story 455 Sir Ralegh's Guiana Voyage and Execution 459 A monstrous Murther in Cornwall 463 Barnevelt's Treason and Execution 466 Of Synodes and Councils , Synode of Dort 467 〈…〉 〈…〉 of Bohemia 478 Sir Wootton's Embassy into Germany 485 Marriages with forrein Princes unfortunate to England 487 Earl Marshalls of England their Dignities 505 Of Libells and Pasquils 526 Of Knights Templers 527 Preachers ordered their matter and manner 531 King of Spain's Letter to O●vares , and his Answer conc●rning the Princes Match 539 Prince Charls journey into Spain his Treatments and return 542 Spanish Ambassadour accuses the Duke of Buckingham of Treason 562 Prince Charls Marriage with France treated and affected 566 Treasurer Cranfield put out of Office 573 Of Apprentices of London , they are no bond-men , discussed 574 Cruelty of Amboyna 576 Famous Siege of Breda 579 The INDEX to the second Part. A. QU Ann sent for out of Scotland , her Design to seize the Prince , p. 272 Her Death and Character , 774 Ambassadour French and Spanish quarrel 320 Weston and Conway Ambassadours into Germany 482 Lord Haies Ambassadour into France 428 Lord Rosse Ambassy into Spain 429 Spanish Ambassadour accuses the Duke of Buckingham of Treason , the story 562 Assembly of the Scots Kirk in spite of the King 321 , & 475 Aid-money 363 Arminius and Vorstius their Heresies and story 370 Adamites Heresies 375 Abbot Arch-Bishops Arguments against the Nullity of Essex , and his Countess answered 391 Kills his Keeper 530 Arreignment of the Earl of Somerset and Countess for impoysoning of Overbury 414 Arreigning of Peers discussed 414 Lady Arabella marries Seymer 423 Marquess D' Ancre murthered in France 549 Abbot Arch-Bishop his Letters concerning the King of Bohemia 481 Earl Arundel Lord Marshal their Dignities 505 Of Apprentices of London no Bond-men 574 Cruelty of the Dutch at Amboyna 576 B. BArons created 271 their Dignities 275 Beaton Arch-Bishop dies in France 271 Batchelour Knights manner of Creation 276 Bible new translated 308 Balmerino Secretary of Scotland his Treason and story , pardoned , he and his posterity ungratefull 348 Bishops of Scotland enlarge their power 350 Baronet Knights created and discussed 402 Benevolence and means of the Kings supplies discussed 407 Sir Francis Bacon made Lord Chancellour 437 his submission in Parliament and supplication 501 his Character 503 his Encomium of King James 594 Barnevelt in Holland his Treason and execution 465 Blazing Star their effects discussed 471 King and Queen of Bohemia defeated and fly into Holland 485 Breda that famous Siege 579 and lost 589 Briante , Botevile and Beauvoir their several Duels and Combats 582 Bolton's contemplation on King James 594 C. KIng and Queen crowned 275 Cor●nation-oath 276 Conference at Hampton-court to settle the Discipline of the Church 282 Catechizing commanded 310 Commotion of Commoners 312 Charls Prince created Duke of York 322 High Commission Court 352 356 Chelsey College founded , and why 365 Contribution money 367 Car a Favourite and his Countess their story 376 arreigned for impoysoning Overbury 414 the case pleaded 416 condemned , reprieved and pardoned 419 his Letter to the King 420 The case of Commendams , the Kings right to them pleaded , and passages thereupon 424 Lord Chancellour and Lord Cook difference , the cause and case 431 the Kings Letters to the Chancellour , his sickness and death 432 Common Pleas Court what 434 Chancery Court and power 435 Chancellour Sir Francis Bacon succeeds 437 Church of Scotlands proceedings 475 Cranfield Lord Treasurer 495 questioned in Parliament , and put out 572 Calumnies answered 535 Combates at Breda 582 D. DIgression , designs for Imperial rule in Christendo● 27● King of Denmark his first arrival to visit the Queen his Sister 333 second arrival 413 E. Dorset Lord Treasurer dies 342 Of Duels 394 Dort Synode 467 Lord Digby Ambassadour to the Empire 495 returns accounts to the Parliament 509 sent into Spain to treat in the Match 524 ordered by Letters how to proceed 536 created Earl of Bristol 539 is to forbear the Espousals 555 takes leave of Spain 556 and is come home to the Parliament 563 Designs at the Siege of Breda 584 E. QUeen Elizabeth not willing to publish her Successour 261 Earls created 274 their Dignities 275 Excommunicatiou absurd in Scotland 368 Earl of Essex , and his Countess , and Overbury , their story intermixed 385 their Divorce and manner 386 〈◊〉 Earls created for money 463 The Emperour in Arms concerning the Kingdom of Bohemia 480 Egglesham his scurrilous Pamphlet 592 F. FAvourite Car his story 376 Villiers a Favourite his story 455 G. SAint George's Feast and his story , Order of the Garter 273 Gowry's day of Conspiracy solemnized , the memorial 312 H. KIng Henry 8. turns Protestant , makes war with Scotland , defeats them Proeme Henry 4. of France murthered 362 Prince Henry created Prince of Wales , their Dignities 362 his sickness and death 377 Hospital of Sutton founded 367 Honors illegally adopted in Scotland 369 Heresies of Vorstius and Arminius their story 370 Of Adamites 375 Lord Haies Ambassadour into France , and character 428 Earl Huntley of Scotland his story 444 Titles of Honor to English women 458 Sir Edward Hawley a stout Templer 524 Marquess Hamilton's sudden death 590 I. KIng James 5. dies , his character 3 King James 6. his parents 1 Introduction , Queen Elizabeths sickness and death 265 King James 6. settles his affairs in Scotland 265 pro●aimed King of England 268 sets out from Scotland 269 his interest with other Princes 280 Letters of Reprieve for three ready to be executed 287 his Speech in Star-chamber 439 Iourney into Scotland and passages there 45● his Letters to the ●ssembly at Perth 475 his Speech to the Parliament 493 and again to the Lords 497 retires discontent to Newmarket 509 writes to the Speaker 510 his message to the Parliament 512 his Answer to their Petition 513 writes to Secretary Calvert 520 and to the Speaker 521 fights and treats 538 his Speech in Parliament 557 and again 560 answers their Petition against Papists 564 his sickness , disease , and dies 591 vindicated 592 his character and royal memory 594 and Epitaph 599 K. KNights Batchelors made and their Dignities 270 Knights Templers 527 Knights Baronets created and discussed 402 Knights of the Bath their manner and creation 276 Kings elective and successive their different kindes 480 Lord Kensington his birth and breeding 429 Embassage into France about the Marriage 566 quarrels with Count Soisons 569 L. LEpton's speedy post to York from London and back again six several days together 333 Sir Thomas Lake and his Lady their story 446 of Labells and Pasquils 526 answered by Treasurer Salisbury 381 M. EArl Montgomery the first Favourite 365 careless of the Kings sickness 592 Masks and Plays discussed 366 Queen Mary of Scotland her Corps re-interred at Westminster 376 Moneys the King wants and ways of supply 404 restrains his bounty 406 Money of Benevolence 407 Merch. Traders make fe●ds 313 Cross Marriages of Spain , France and Sav●y 417 congratulated by Embassies 428 Murther monstrous in Cornwall 463 Murther of D'Ancre in France 449 Murther of Henry 4. of France 362 Marriages with forrein Princes unfortunate to England 487 Match with Spain , the Princes journey and story 524 Marriage of the Palsgrave with the Princess Elizabeth 377 married 380 Marriage of the Prince with France treated 566 Marquess Buckingham created , and the Dignity of a Marquess 489 Montague made Lord Treasurer his Descent and Issue 490 Mansel Sir Robert his Expedition and Voyage against the Pi●rats of Algier 491 Michel and Mompesson censured in the Parliament 500 Earl Marshal of England their dignity 505 Massacre at Virginia 528 Count Mansfield comes to Holland , raises Forces in England for the Netherlands 587 N. EArl of Northumberland and other Lords censured as guilty of the Pouder Treason 334 Earl of Northampton dies , his concernments 393 O. OAth of Allegeance 315 and Supremacy 316 the Popes Bull against it , the Kings Apology to all Princes thereof 329 Earl of Orkney commited 352 his Execution 398 Sir Thomas Overbury his story 383 impoysoned 393 discovered 414 Oglevey a Iesuit his story 398 Earl of Oxford his descent 483 he and Essex carries Souldiers into Germany 483 joyn Forces with the Princes against the Emperour , they are beaten and fly 485 he is committed in England and the occasion 523 Prince of Orange dies 588 Earl of Oxford's Enterprize at the Siege of Breda 588 P. A Notable Present 270 Presbyterians , Reclamations against them and their Doctrines 289 Proclamations against Iesuits 306 to conformity of Religion and Discipline 321 against new buildings in London 3●1 another against buildings 360 to dissolve the Parliament 522 Prophesie of these times 311 Parliaments and their beginning 312 the Kings Speech in the first Meeting 319 second Session 323 third Speech 352 dissolved 362 Parliament called again 488 Prorogued 507 their Declaration to recove● the Palatinate 508 petition the King 511 their thanks and Petition 521 and are dissol●ed 52● another Parliament 555 petition against Papists 564 their Designs of W●r for the Palatinate 579 Pastimes harmless allowed , and recreations after Sermons 458 Pouder Treason 323 Post nati confirmed 340 Papists persecuted by Pens 364 Prince Palatine a Su●tor to the Princess Elizabeth 377 married 380 elected King of Bohemia , the occasions discussed , story and war 478 Proscriptions against him 482 raises an Army , defeated and flies into Holland 485 Pirates of Algier , expedition against them 441 Lords petition against Titles of forrein Honours 496 against grievances 497 Preaching how ordered 531 Papist and Puritan discussed 5●3 Prince Charls his journey to Spain 542 arrives there 543 complements with the King 544 enters in triumph to Madrid 545 visits the Queen 546 her presents to the Prince 547 he answers the Popes Letters 548 takes leave to return 551 Presents given and received 552 his journey towards the Sea , and parting with the King 553 the Pillar at parting 554 in danger to be drown'd , the storm described 554 lands in England 555 Q. QUeen Mother of France flies from them 450 Queen Ann sent for out of Scotland , and her designs to seize the Prince 272 she dies , her character 474 R. Ralegh Sir Walter , his birth , breeding , preferment and treason 281 released imprisonment 459 his Guiana Voyage and Execution 469 Sir Harry Rich his birth and breeding discussed 429 made Baron Kensington , Ambassadour into France about the Marriage 566 quarrels with Soisons 565 Revolt of the Earls in Scotland 368 Rainbowe lunary 378 Duke of Richmond dies suddenly 557 S. SUccess and consequence of events 281 Psalms new translated 309 Star-chamber , original and ending 334 the Kings Speech there 439 Earl of Salisbury his answer to a Libell 334 dies , his story 381 his Offices how disposed 383 Sprot confederate in Gowry's conspiracy , his Examination and Execution 342 Sanquire a Scots Baron hanged for murther of Turner 380 Earl of Somerset his story 376 his Letter to the King 420 Earl of Suffolk Treasurer sentenced in Star-chamber 437 Spalato Bishop comes into England , revolts again , and dies 449 Earl of Shrewsbury dies . 459 Synode of Dort 468 Of Synodes , Diet and Councils , their initiations 468 Spinola his Forces in Flanders 483 besieges Breda 579 T. TReasurer Mountague 490 Treasurer Suffolk 437 U. UNion of both Nations intended 320 argued , and the Kings answer 338 Vorstius and Arminius their Heresies and story 370 Villiers a favourite his story 455 Master of the Horse and Marquess 489 Earl and Duke 547 goes with the Prince into Spain 542 quarrels with Olivares 551 returns to the Ships 552 his Declaration to the Parliament 559 W. WAr , the consequence 281 Whitgift Arch-Bishop dies 307 Waldenses vindicated 376 Sir Henry Wootton his Embassies to the Emperour and Princes in Germany 485 Dr. Williams Dean of Westminster and Bishop of Lincoln and Lord Keeper 504 his character 507 Y. SIr Henry Yelverton Prisoner and why 499 his Letters to the Duke of Buckingham 500 THE PROEME TO THE Seeond Part. WE now enter on the second part , the Accession of a Crown rightly descended to King James by Succession from the Union of Marriage , long since to this re-union of Kingdoms now , as a period ( in shew ) of all Trepidation and Motions in him , and his Posterity , but the eye of all-seeing Wisdom , hath with his powerful hand of Providence dissipated those designs and aims of perpetuity , and hath not left any one of his , in present possession of any part of his inheritance . And though the prevailing Party minds no other Iustification than Success ; yet some men more busie than useful take upon them by deformed writings and Pasquilles , to conclude this Fabrick from such Foundation as they please to contribute their Counterfeit Materials , with their Prophecies , Policies , Directories , Narratives , and such like stuff , the general blauch upon former Soveraigns . Each one professing Truth to countenance their affectiions and Passions , which alter too , with the subsequence of Time and State. And thereby comes to be published sundry Rapsodies , Petit-Pamphlets , and Papers . But yet if you deny their Tenents , you are forthwith to be taken for a State Heretique . Non servata unitas , nisi in credendo omnia . 〈…〉 For though there may be granted great Antipathy , between the former , and this State in Civil Policy , yet no such matter from thence , for our disobedience now ; What ever may be pretended by Others , I conceive the People no meet Iudge or Arbitrator . For my part ( I am witness to my self ) as that no contradiction shall supplant in me the Reverence I ow to Authority Neither shall any Adve●saries by Calumny embase my Opinion and high Esteem of K. I●●es his just Merits and Royal Memory . The Indisposition of these later times , having pierced with Accusations , very many Men of excellent Virtues . Mala dicta ingenere , concinnatis calumniis . They leave all reve●end compassion t●ward● ev●●s , or religious indignation towards faults ; turn all into a Satyr , search and rip up wounds , with smiling impudence , and strain their counterfeit zeal to the publick , with untruths abominable . Et magnis Mendacii Credulitas . Welcome whisperings are quickly heard , where potent malice is Promoter . They tragitally aggravate infirmities and slips , unworthily upbraiding adverse Fortunes ; and that their belief herein , must necessarily be the more perfect , which is most degrees removed from the last Actors , and so becomes , Postumi erroris filii : Non tam in odium boni , Quam amorem Mali Proclives sumus , As one saith . These Kingdomes in King James time , grown aged in happinesse● that as men used to say of the spiced air of the Sabaeans , Summus quidem Odor , sed voluptas , Minor. The very excess seemed to abate the pleasure : Or as the hot sent of Musk to some Savors seem to stink . Repetions of our Blessings then , did not so much affect our Nations as dull them . Peace made us wanton ; Plenty 〈◊〉 , M●●ies secure ; Our Benefits then became our Weapons to rebell against his fame now ; The whole Land being sowred by the Peoples Sins , too much felicity introd●●ed Luxury , and Correllaries of Vices ▪ Pride , Ambition , Contempt of things Divine and ●umane . This Nation in short time sick of a surfeit of Health ; afterwards broke with two much wealth ; and now it comes to amendment . Ryot begins to grow thirsty , made so , to go plain , Gluttons , to fast ; Wantonness , starved into Soberness . But — we may already be affraid of Relapse ; Bedrid Exorbitancies , fowl●r for purging . Need is there none to number up the Graces and Blessings by this King in competition with Her , his Predecessor . It may be , Her virtues then are now become Torches in the dark , which appear greatest afar off , as His Vices ( made so by some writers ) do neer at hand . I shall endeavour to recover the truth of his time , least slanderous Tongues , run mad with railing , they presuming to be got out of distan●● of time , and reach of Confutation● So that Maiesty which dies not may yet be discouloured . As in particular , a Writer indeed a few years since , holds forth , ( he saies ) The History of Great Brittain , but speaks not a word of Scotland or Ireland , and so this Vindication serves the turn to answer All. But to give this Man therein his due , we may find truth and falsehood , finely put together ( if it be his own ) for it is my hap to meet with Post-nati ; both these Books , born from the dead , and were Abor●●ves ; but like Bear-whelps , licked over by laborious Pen-men . The one a Manuscript of Sir A. W. which with some regret of what he had malitiously writ , intended to the fire , and dyed Repentant , though since stoln to the Press out of a Ladies Closet . This Other , designed an Epistle for honourable Patronage , who disdained the owning . And so comes out bare Collections of Old. I knew of them , and their Parent Presbyter , put together by the Poet ; And shaped out by the Doctor , and Wilsons Name , set to the Sale. My aym is in these times of Distraction , to present to the p●blique the former fruits of Peace and Plenty , planted by Providence , and ripened to Maturity , by Divine Influence , throughout His Daies . If any failings , so much searched for , and to be found at last , are then to be attributed to his age , not Him. In declention of years not many Princes end in much splendor , when vigour fails , so does their fortune . For my self , having lived long time in Court , and employed ( till my gray hairs ) more in Businesses than Books ; far unworthy , I humbly confesse , to have any hand to the Helm , yee I cabin'd neer the Steerage , and so might the more readily Run the compass of the Ships-Way . And truly I traversed aboard too , though not in Counsel with Masters or Mates ; observing also the Heights and Declinations of the Sun and Stars , the better able to evidence their Actions and Influence upon our World. Add herein to be read in few howers , what have been reaped in many years , These undeniable Truths , which I have seen and heard . Will. Sanderson . The LIVES and DEATHS of MARIE Queen of SCOTLAND , And of Her Son and Successor JAMES The Sixt of that name , King of SCOTLAND , And of Great BRITAIN , FRANCE and IRELAND the First . Introduction . KINGS are Gods upon Earth ; God himself hath said so ; Intituling Them to this Dignity , with power over their People : But they shall die like Men ; Humbling their Souls for a blessed End ; Lest their Greatness here , should make them careless of their Glory hereafter ; Death being the entrance into eternal life . And so much honour is done to Them , that the Old Testament affords four Books of the Kings ; two of which are particular Chronicles of their Persons and Actions , with many other memorable passages of Kings , mentioned promiscuously both in the Old and New Testament ; besides those Books not extant , of their wonderfull works , to which much is referred by Holy-writ . And it hath been held sacred , with most Nations , not to leave their Soveraigns long buried in the Graves of Oblivion . And if so of most KINGS , why not of these so well deserving , Mary the Mother , and JAMES Her Son and Successor● They came into the World when all was on fire , not peace in any part . All Europe in a Militia . The East had much to do for Defence against the Turk ; The West in Offence one with the other ; The North at variance with their neighbours ; The South had influence upon them all . A Massy body of War , in several Postures , and each Army of sundry Brigades ; Onely Himself never had an Enemy . I desire to bring together much of the main into little , and in due place to observe , out of all , what particular Interest became this King ; The measure of whose Glory may be taken by its Profundity , which onely in him held out long and even . Let us be mindfull of their Descent . She was sole Daughter and Heir to Iames Stuart , the fift of that Name , and the 108. King of SCOTLAND ; begotten upon Mary his Queen , of that Illustrious Family of the Dukes of Lorain ; Maried to him at Saint Andrews , Iuly 1538. About the time , when Henry 8. of England became Lutheran , whom the Pope Excommunicates and interdicts His Dominions , and with more than malice moves the Emperour and French King to be His Enemies . To palliate such potency , He procures an Interview with them at Nice , a Maritime Town in the Confines of Provence ; And being returned , desires Conference with the King of Scotland at New Castle : But in time of preparation , the English fall fowl with the Scotch Borderers . Both parties arm , with equal number , about 30000. Iames himself in person ; The Duke of Norfolk for the English , meet upon the Confines . The young and daring King , with the advantage of his own ground , and neer home , puts the Old Duke to advise , and retreat . And the next year , heightned the Scotch with an Army of 10000 , to affront the English Borders ; who hastily raise considerable Forces , and ready for the onset , the Scotch Lords , envious against the choice of their General Oliver Saintclair , though a man not deserving Malice , an excellent Commander ; yet they refuse to fight , basely suffering themselves to be Prisoners , not only to the power of the Sword , but also to the wanton insolencies of Boies and Women , who haltring them by hundreds , drove them home into England . Ill News hath wings , which flew to the King at Falkland ; whose youthfull spirit disdaining to out-live the infamy of his People , with monstrous regret on his perfidious Army , He willingly forced his own neglect of the necessities of natural support , Sustenance and Sleep , untill the weakness of his limbs , not able to bear the burthen of his body , He cast himself on his Bed ; When tydings came of his Queen brought to bed of a Daughter and Heir ( His two Sons Infants dying some years before ) at which he sighed out these his last words . It will end as it began ; the Crown came by a Woman , and by a Daugher it will return ; King Henry will make it His , by Arms or Mariage : and turning aside from his Servants , sunk down into the deluge of Death , 13. December 1542. being 33. years of age , and the 32. of His Reign . His Daughter Christned Mary five daies after , sole Heir of His Kingdome and Misfortunes , which She inherited to Her death . His body was solemnly and sumptuously intombed in the Abby Church of Holy-Rood-house . Nor rested he after death : For Henry the eighth , though his Uncle , continued the advantages of this Defeat , and some years after razed the Church and Tomb equal with the Earth . Whose Body was afterwards , by the pious duty of his Grandson , Iames the sixt , removed to another Vault , embalmed again , and enshrined in a costly Monument , with Ensigns and Arms , the Dignities of his Crown and Kingdome . This Kings Person was well made up , with advantage of an Excellent mind , of a middle stature , with abilities equal to any ; The first that pursued his Enemies , and the last that left the Chase ; discreetly liberal , sparing , only for spending upon necessary disbursments ; well affected to Letters , wherein he adventured in some verses of Poesie . If we examine his Umbrages , as we make our prospect upon a Picture of lights and shadowes ; Take him in the Circle of Himself , He was of worthy fame . What he was forced to do in justice upon Offenders , the Dowglasses by pursute , and others by Execution , must be wisely referred to the then consequences of State ; which of late to him lay under the disease of two professions of Religion , Romish and Reformed , the latter increasing to the distemper of Him and his Successors . His Daughter now left Heir to the Crown at eight daies old , ( Age or Sex not debarring Hereditary Right , to rule over their People ) which occasioned Her whole Life and Reign , most sad and troublesome to so excellent a Lady . To shadow out unto us , that Eternity is not on Earth ; That Kings and Princes , seeming the best substance of Elements , and if possible incorruptible , as being the fairest Seals of Natures impression , yet these yield to the triumph of Death ; not calmly neither , but by death dis-seasoned , in several conditions of their life , as well in Youth , as after Age ; and so it fell out upon this Queen . For , being thus young , Hamilton and Lenox , cheef Heads of two Factions , distracted all ; the one depending on Henry the Eighth of England , whose only Son Prince Edward was afterwards affianced to Queen Mary ; And Lenox supported by the French King , Henry the Second , an utter Enemy to this Match . These began the fewds , which fell by Parties into a mischievous civil War. And in respect her Person was aymed at by each of them , to make advantage ; No sooner was Edward come to the Crown of England , but that Queen Mother , wise and prudent , sent Her at Six years old to the French King , and to the Duke of Guise , for their Breeding . And with Her ( to rid him for the present out of the way ) went Iames Hamilton , Earl of Arran , whom the French gained , and afterwards created Duke of Chaste'auleroy ( He was the Grand-child-son of Iames the Second King of Scotland by His Daughter ) Upon their return , he was Tutor and Governour of the Kingdome , and her Heir designed in her Minority . Of Him much is spoken hereafter : But as He was plain , and well meaning , vexed with other mens policies , so of himself he acted little ; and yet , to his power , he defended this Queen , through all Her future Calamity ; But dyed some years before She suffered , leaving Her then , not in despair of deliverance . The Documents of France , met with such an incomparable genuity , and excellent understanding in this Princess ( a Person compleat also for beauty ) that She became the most admired ; which moved the French King , to marry Her to Francis the Dolphin , Anno 1558. Being both the undoubted Heirs to the Crown of England , after the death of Mary then Queen of England ( presently following ) and Elizabeth her Sister . And therefore these new maried couple , took upon them to quarter the Arms of England , which in truth by Law they might not do : None may bear the Coat of a Family , not being both a certain Heir of the same . Nor was it in truth the right of others , who did the like , as Courtney Marquess of Exeter , and the Dutchess of Suffolk , Neece to Henry the Eighth , by His younger Sister ; and yet were allowed , though of further Descent ; and therein ( t is true ) the less jealousie , but to Her that was so neer , the cheef cause of Queen Elizabeths perpetual hatred , and fear , that She might prove too hasty an Usurper of these Kingdomes , and it was the ground of all the miseries that accompanied Her to the untimely grave . For Queen Elizabeth now come to this Crown ( well knowing Her own power and interest with those of the Reformed Religion here at home , and in Scotland ) opposed it . Which was construed then , that She might as well question Maries Intere●● of Succession . In this interim , the French King Henry , and Francis His Son , depart this life , and the Queen of Scots left unhappy in his los● . Being become a Queen Dowager in France , where Factions inincreased , too hot for Her to abide there . Her Uncle Guise ( Her Curator ) managing the most part , in which he sacrificed himself . Queen Mary therefore , having a desire to return home , knew She had been too bold with Queen Elizabeth , to get much favour ; yet she begged leave from Her of safe conduct into Scotland ; which was refused , disputing former unkindnesses ; whilest in a mist She got by the English Ships , that lay in Her way , and landed in Scotland , 1561. Where She found Her State might●ly distempered , under Protection of the Bastard Iames , and M●rraies Government . To recover which , She used Her Subjects with all curtesie , and changed not those of the Reformed Religion , which was mightily increased by Her absence , and brought in by tumult of the wild Presbytery . And first , She warily requested a certain form of Peace and amity with England ; and to make it the more certain , She proposed by way of Counsel to Queen Elizabeth ( if She should have no Issue ) to be declared next Heir to Succession . This advice , with the former bold bearing of the Title and Arms , caused more than suspition , That otherwise She meant by violence to take the Crown , having claimed it , through too hasty ambition . And indeed it was a great means to dissever their friendships . For alwaies unto established Governments , Successors are soon suspected ; The People most usually , upon dislike of present things , look up after the rising Sun , and forsake the setting . Nor is it customary with Successors designed , to keep their own hopes , and other mens lewd desires , within the compass of justice and truth ; and thereby also to cut off the likelyhood of future security , by hanging before their own eies their winding sheet , and to solemnize their own funeral Feast alive , and see the same . Hereby it was evident Queen Mary prepared to stand upon Her Guard , well waying the watchfull eye of Queen Elizabeth upon all Her Actions . The Queen of Scots was young and handsome , and in respect of Succession , thought upon nothing more than to settle Her self again by Allyance and Marriage ; which Queen Elizabeth meant to propose , to divert Her Choice in France , mostly aimed at : and therefore by pretence of great policy to both , She offered Husbands to Her of the English blood , which the other had most reason to refuse , and to strengthen her self by the amity of the French. Preferring that as most certain from whence her Birth proceeded , rather than to trust too much to the English , or to the policy of Queen Elizabeth , who was likely to govern the design as She pleased , to Her own advantage . And therefore She accepted several overtures of Mariage with others . And first with Arch-Duke Charles , Son to Ferdinand the Emperor ; but Queen Elizabeth soon threatned Her out of that match , and in plain terms commended Robert Dudley a new fallen Widower ( of his own making , for this design and other great conveniencies ) to mary Her. But that was retorted with much scorn by Her Kindred in France the Guises , as unequal and unworthy , they being then in Treaty for Her with the Emperors Son , and others of France , the Prince of Conde , and the Duke of Ferrara ; and so was Queen Elizabeths design narrowly examined by them , and suggested , that this proposed mariage was but to colour Her own resolves to mary Dudley Her self ; which gave the more suspition , he being suddenly made Masterof Her Horse , created Baron Denbigh , and the next day E. of Leicester ; and for the more credit , his Brother was made Baron Lisle , and Earl of Warwick . But Leicester by Proxie made Court to Queen Mary , and ( in time ) Commissioners were appointed , from either Kingdomes , to treat thereof at Barwick : Though indeed , he had some false hopes , from the common bruit , to mary Q. Eliz. and therefore privately authorized his confident Commissioner , the Earl of Bedford , to hinder the Treaty , and to further the Q. of Scots mariage with Henry Darly Son to the Earl of Lenox , who were both of them called home by their Queen , after their twenty years banishment here in England ; And no sooner She saw Darly , but presently designs Her self to him . From which Mariage proceeded Her disquiet , and future unhappiness . This Darly was highly descended ; his Father , Matthew Stuart , Earl of Lenox , born of the Royal stock of the Stuarts , was allwaies acknowledged next Heir to the Queen of Scots in Her infancy . And this his Son , a person of incomparable mixtures of mind and body , might well excuse the Queens choice , and her disjointed Councils , concerning her Husband . And when she found it came to light , she desired Q. Elizabeths consent ; but Murray , most ambitious , and unwilling to leave his power and interest in the sway of Government , ( together with Hamilton ) sought , under hand , all indefatigable waies and means in England , to prevent it ; though Queen Elizabeth had no need to be taught designs and devices , if possible , to divide this intended Match . Which , indeed , caused Queen Mary the sooner to hasten ; and having knighted Darly , and created him Lord Armanoch , Earl Rosse , and Duke of Rothsay , at the five Moneths end , of hir beginning , She took him , her King and Husband , 1565. And now Murray began his Rants , applying all his Wit and Cunning ( of either he had sufficient ) to his own private discontent and ambition ; and under the goodly pretence of Religion , had raked together such a rabble of the mad-headed Ministery , countenanced also by the Duke Castle-herault , that the whole Kingdom feared the disquiet . The Queen of England , might well ( as she did ) take compassion hereat ; two young couples , her kindred , and Successors , having much to do to qualifie the twenty years custome of a turbulent people , not to have a King , till now ; and willing indeed , to have none at all . For Hamilton , and Murray ; presuming of favour from England , take arms , but were so hotly persued by the King , that they fled into England , and were there covertly protected , but might have been more openly , by the same rule that some English fugitives had been received in Scotland , as Taxley , Standen , and Welch , besides Oneal out of Ireland . All this was disputed by Ambassie from England , of one Tanworth a Courtier , to whom the Queen of Scots did not vouchsafe her presence , her refusing to call her Husband King. Thus stood the State of the Affairs in Scotland , whilst the Queen conceived with Child , and , as if blessed in the peace of this Issue ( what she could never enjoy in her life ) she afterwards brought forth , her only Son , Iames the sixth ( a Peace-maker to all Our World ) in Iune 1566. But because the Religion ( as they call it ) is much concerned in all the troubles of that Kingdom , as a defensive faction , taken up at all times to mannage other Designs and Interests ; Give me leave to tell you their Story ( intermixing the affairs of State , and other concernments of their contemporaries . ) Wherein you shall find their pretended sanction from a Rule of Conscience , to be an Instrumental of State ; from a pretence of Knowledge , to be a very practice of Ambition . Nor will it ( I hope ) repent the Reader , the tedious Story : for though Truth appears in Ordine Doctrinae , yet never more fully , than when we search the Original Veins thereof , by the Increase , Depravations , and Decaies , in Ordine Temporum . And so we proceed to the History of their Church and State , and the Contemporary Actions , intervening with England and France , and other Neighbour Nations . The Life and Death of MARY Queen of SCOTLAND . KIng Iames the fifth dying of discontent , more than disease , the 13. of December 1542. in the 33. year of his age , and 32. of his reign , left his Crown to an only Daughter Mary , at six daies old ; as she did afterwards , to her Son , born a King : ( Fatal sufferings to a people , to be Subjects to young Soveraigns ) And this Succession was put into a Will patcht up by the Cardinal David Beaton , and clapt into the Kings hand to sign . The Government of the Kingdom for the present was intrusted unto the Queen Mother , a wise and virtuous Princess of the House of Lorain ; And though she might , as yet , be ignorant of the Actions of State , in this short time of her experience in Scotland , but 4. years ; yet the Nobles , dissenting factions , agreed , the rather herein to accept of her ; Each party presuming to work their ends the better , out of her Ignorance . The people were religiously divided in Opinions , Romish and Reformed , which had put the late King upon extremity of Iustice against the Separatists , as they then were stil'd , indeed Dissenting among themselves , but afterwards , Congregating and Covenanting , gave them other Names . But in their several Professions , sundry persons suffered Imprisonment , Life , or loss of all . The Scots derive their Christanity from the disciples of S. Iohn ( their Patronage of St. Andrew ) and the propagation thereof ( not from Rome , I dare say ) no● indeed , they will have it from their own Plantations in Germany ; where , increasing Christianity , the persecution of Domitian drove them home , again , into Scotland . And so they utterly refuse to have any thing to do with Rome , by means of Victor , that held that See , as others will have it . But they confess , That Celestine Bishop of Rome , sent learned Palladius to convince the Heresie of Pelagius , ( a welchman born , and bred up in the Monastery of Banghor ) then overspreading that Nation . And after his good success therein , brought in ( say they ) Prelate Bishops , having had ( by their favour ) Priests and Moncks long before , and thereafter all kind of Romish Orders . Nay , Boniface the eighth , making use of the complaint of the Sco●ish Clergy against King Edward of England , cruelly afflicting them , and also of the resignation of the people to the See of Rome , The Pope thereby claims right to that Crown , writes to Edward , and malapertly Bids him not meddle with his Vassalls and Subjects . But after too much lording of the Romish Cl●rgy , and the great Schism at Rome , Pope against Pope ( three at one time ) Some men began openly to discover them to the world . As Wickliff in England , Iohn Hus , and Ierome in Bohemia ; the Scots will have of theirs too , Iames Resby and Paul Craw ( who indeed were but their Pupils ) that quarrell'd with their Arch-bishop of Saint Andrews , and so began their fray . So that the Scots reckon themselves happy , without Bishops , till Palladius ; from him to Malcolm ; from him to Patrick Graham , their first Arch-Bishop ; who came in with that title , to the dislike of all the Bishops . The inferiour Clergy could not brook the strict authority of him , and so by them , and the Cour●iers too boot , Graham lost that Title . And one Blacater traces his Steps , and procures himself Archbishop also ; then followed Beaton , and he brought in the Cardinals Cap , and all these in opposition each of other , which gave occasion to sundry men to publish these discontents , together with some Corruptions of the Church , not unlikely to make a rent . And therefore , the Pope sent unto Iames the fourth , a Sword , and Title , Protector of the Faith , and not long after ( his gifts were cheap ) unto Henry the eighth of England a Sword , and Title , Defender of the Faith. I find the Scots had some Martyrs who begun their Reformation with private opinions . Resby suffered anno 1422. Paul Craw 1431. In 1494. about 30. persons , men and women , called Lollards , from one Lollard a Schismatick indeed , ( not as the Fryer discanteth , Quasi Lolium in area Domini . ) And these put their Articles ( 34 ) in writing . The first Protestation that we read of amongst them , being in the year 1527. then suffered Patrick Hamilton , of the Antient Family , and so forwards many more . The Northern Martyrs had repute of constancy in sufferings beyond others ; Which gives occasion to discuss the reason , for it was observed , That the people of this Isle exceed in zeal of profession , and are called in Italian , Pichia Pelli , or Knock-breasts , Hypocrites . So are they naturally better qualified with courage in extremities of sufferings , and therefore accounted most valiant ; in respect of the Climate , the Heart furnished with plenty of Blood to sustain sodain defects , is not so soon apprehensive of Death , as where the Store-house of blood is less ; every hazard there , raiseth fear , paleness and trembling ; Angli bello intrepidi , nec mortis sensu deterrentur , witness the bold and cheerful sufferings of the condemned . Answerable to our Bodies are our Laws , suitable to the Inhabitants of this Soil ; Not being , since William the Conquerour , compelled ( in Criminal Tryals ) to confession by Torture , as in the Civil Law of other Nations , whose Innocency would rather yield to be guilty , than to endure lingring pain . Insulani plerunque fure● , Death not prevailing to dete● men from common offences ; what constancy then , shall that Man have , who is martyred for matters of Religion , and health of his Soul ? Britannis , quibus nihil interest humine sublimive putrescant , non valet . Purpuratis Gallis , Italis , aut Hispanis ista minitare . And therefore Pope Clement the eighth impaired his Cause , by burning Mr. Marsh at Rome , in Campo divi sancta ●iore , whose constancy made him a Martyr , and many carryed away his ashes as Reliques , and that Pope resolved therefore , That none of the English Nation should from that time be confirmed with fire . The Enemies of true Religion have not gained to themselves by that cruelty : Sanguis Martyrum semen Ecclesiae . The Romans were tender , in case of Religion , to condemn to death ; Cato was not of opinion with those that would have sentenced the Bacchanals , he alleging , That Religion was apt to deceive men into a shew of Divinity , and therefore to be wary in punishing the Professors , lest the common people should suspect something was done thereby derogating from the Majesty of God. Tantum Relligio potuit suadere Malorum . And so the occasion of some Martyrs amongst the Scots increased numbers , their Ashes being the best Compost to manure the Church . And now return home , out of England , those Persons of Honour , Prisoners to Henry 8. at the last fatal Battel , with whom he deals so cunningly , that by his Noble Usage , and some Bribes to boot , he returns them his Pensioners , especially , their utmost endeavour or a Match with Prince Edward and their Queen , young Couples , He five , She but one year , old . And with this conceit the King might conquer Scotland by mariage , to save him expence of money and men , by the Sword. But the French King Henry , not liking this lincking , began quarrels with the English , embarging their Ships and Merchants goods ; the like with them in England ; So that some Forces were from hence speedily sent over , which besieged Landersey , but the French King in person with a mighty Army , made the English to rise for to meet them : In the mean time the Town was relieved , and the King , having done his Work , returned in the dark . The Scots Prisoners kept their word , and prevailed so far at home , that their first Parliament concluded the Match , and confirmed it by an Instrument under Seals , and ratified by Oaths ; and that their young Queen should be sent to her Husband ; but these Scots soon byassed by the French practices , break faith and refuse . This Indignity set Henry on fire for revenge , who transports an Army into Scotland in 200. Vessels , under command of Viscount Lisle , Admiral for the Sea , and the Earl of Hartford for the Souldiers , and Land at the Fryth , marching in three Battalia's towards Lieth : And were encountred with skirmishes by six thousand Horse , who soon retreated , leaving Lieth to be consumed with fire . And being ( besides this Success ) too powerful to be opposed , marched forwards towards Edinburgh , and were humbly besought by the Provost and Burgesses to spare their Cities ruin , and be pleased with the Souldiers free quarter , and Bag and Baggage at parting . No , this was not sufficient to appease the Enemies fury , who being therefore somewhat opposed , entered by force with fierce assault , took part of the Town , which they ransacked , and consumed with fire Holy-rood-House and the Palace . The Ships returned with large Spoils , and the Army marcht on , coasting the Countrey homewards , ransacked above thirty Towns in their way , with no more loss than fourty men . Having thus punished them for perjury , King Henry design'd as much , or more , to the French , with two Armies , the one under Command of the Duke of Norfolk , who besieged the strong Town Maittrel , but were beaten up with loss and little honour . The other had better success , by the Duke of Suffolk , for embodying both of them , encamped about Bulloign , with power enough to be masters . And therefore , for the glory of the gallant King , Himself comes over , and after a Months Battery , takes , first , the Upper , and then the Base Town , by Articles , to depart with Bag and Baggage ; the whole number of Souls 4444. and King Henry Mans the Town , and so comes home again . And it was time so to do ; for the Scots always aiming at such opportunities , fell into the Marches of England , rifling and burning all the Towns they came to , from whence the English were fled , till they met with the Earl of Hartford , who was sent with twelve thousand men , and doing as the other had done before , ruin'd all , without opposition of any . And thus , but by turns , King Henry intending to be more cruel with Revenge , to that end makes peace with France , but dies two years after . Which Gave the Scots , some time of breathing from abroad , never free from quarrels at home ; the State increasing in Faction , the old Council keep up their Inquisition after Heretiques , as they termed the Reformers ; and for Example fell upon one Wischard , whose outward zeal and affection to their Cause , gave him courage to confirm it by Fire and Fagot ; And for whose death , the Cardinal David Beaton ( lately come to enjoy his Kinsmans CAP ) was barbarously murthered in his Castle of Saint Andrews , by Norman Lisle , Iames Melvin , and others , and were justified in that barbarous act , by Iohn Rough , preaching it for sound doctrine , who had got into their gang one Iohn Knox , the most notorious Ringleader , afterwards , of all disorder in their Reformation ; which now began to quarrel with the Crown also , and all Regal Government : For presently surprizing the Castle , He was , by the Crowd , vocated ( as they call it ) to be a Preaching Minister , whose Pride enduring no Rival , soon turned out Rough that brought him in . But Knox finding no firm footing in Scotland , fled into England two years after . And now began the tumult within , and without the Castle ; the Town taking parts , Monsieur d' Osel sent into France for a great Army , and as soon as sent for , was wafted over in 24. Gallies , anno 1547. beginning Siege and Battery to the Castle , which was quickly rendered , and the Prisoners and Spoil thereof returned back with the Army into France ; The English were comming to oppose the French , but Henry 8. of England dying , gave occasion to the French to return Victors . The antient League of Scots and French was decreed in the time of Achaius the first Monarch of Scotland ( Offensive and Defensive ) with Charls le Grand of France ; viz. Let this League indure for ever ; Let the Enemies of the One be so to the Other ; If the Saxon or English invade France , the Scots shall send aid , as the Numbers shall be desired , and at the French Charge ; If the English invade the Scots , the French are to send competent assistance , and at the French Charge . So that we may now say , Never was League more faithfully observed , or longer continued , even till the Union of King Iames the sixth with England ; which begat that saying , He that will Either win , with the Other must begin . But forthwith to ballance these Broils , comes an Army from England , of ten thousand Foot , and five hundred Horse , by Land and Shipping ; which King Edward of England , lately come to the Crown , and at ten years of age , sent under the Conduct of his Uncle the Duke of Somerset his Protector . Not without some resolve , in these civil dissentions , to vie Mastery for the pursute or pretence of Mariage . And the third of September entring into the cold quarter , brought them to the Scots Borders , but with so much Civility , as to send Summons to the Duke of Castle-herault , who bore the best sway , as the honestest Man amongst them . He puts the Scots in mind , That the blood of Neighbors , Kindred , and Christians , are too pretious to be vainly spilt ; That he comes to prevent it , and if he be put to it , to use his force : It refers onely to a firm Peace , not for the present , but perpetual , if the Union of sacred bands of Marriage may confirm it , which we desire now , as ye have promised heretofore , the advantages so equal , that the even gain pleads alike for both . Princes of fitting years , of Compositions , Mind and Body alike ; in Powers matchless by any ; One Island , Speech and Manners . To ballance these with hopes , or likelyhood from Forein , it were more safe to examine by Examples of Others , than to make tryal by themselves . For his part , presuming to meet with many of his Mind amongst them , he would endeavour to moderate such Articles formerly prescribed , as might render the young Queen more content , viz. To remain ( for some years of her Infancy ) at home ; to be bred up with her own people , and with her own choice and Council of her Peers to consent to a Husband . In the mean time not to be tempted with a Forein Match of the French , or any other , nor to be bred beyond Seas . And with this Conclusion , he will depart home , with recompence for any hurt done already . The Scots were a mighty Army for Men , and ne●r hand for all Ammunition . They say themselves above thirty thousand after their Mutiny , wherein thy lost eight hundred ; and thus priding up , upon this offer of the English , neglected to read these Letters in Council , Lest , indeed , the equitable conditions should raise a Mutiny in the Multitude , who were most for this Match , until the French faction pretended that the English came to force their Queen away . Upon this , the Scots advance along the Shore , and from an English Galley one Cannon shot took away at one blow five and twenty Scots , which routed the Next Archers ; And Somerset set forward his Horse Troops that his Foot might gain the Hill , who were soon forced back ; but as to recover their Courage , their Harquebuse horse fall on , with help of their Artillery , and showres of Arrows , that the Scots gave ground to be out of the reach of the Cannon , whilst the English cry out , they fly , they fly , which fear , and not force , increased to a total flight ; and their rancks quite disordered , gave the Battail to the English , with loss of Fourteen thousand Scots , the Lords Lohemore , and Fleming , with almost all their Chiefs fell by the Sword. Taken Prisoners fifteen hundred , and amongst them Earl Huntley , Lord Chancelour , with the Lords Hester , Hobs , and Hamilton , and many others at Musleburgh , Septem . 10. 1547. The English Master five miles about , fortifie Keth and Amor , two adjacent Islands , take the Castles of Fas and Humes , raised some Fortifications at Londere and Resburgh , and so return . The Scots thus worsted , send to implore aid from France , who send over ten thousand , amongst whom , say the German Authors , came over three thousand Almans , High-Dutch , under Command of the Count Reingrave ; but in general under Government of Monsieur de Osse , a man of some successful Renown ; and after landing , join with eight thousand Scots neer Hadington , and beleaguer it , being lately fortified by the English ; where , assembling Council in May , they advise to send over the young Queen into France , the immediate cause of those troubles ; And to fortifie themselves , against furture assaults , or pretences of the English , they consult it best , to betroth her to the Dolphine of France : And for the present , the English being overburdened with the Expence and continual war , never to have hopes of an end , make fair offers of a Truce for ten years , in likelyhood , therefore , that one of the Princes might dy , which would expiate for the former promises and conditions of Contract . But this advise , over-ruled by the French Faction , and Romish Clergy , with the offer of four thousand French Crowns yearly Revenue to the Duke Castle-herault , it was resolved to fight it out , and send away the Queen , who was transported over , round about Scotland by the West Sea , and arrives upon Bretaign in France , and so to Paris ; escaping the English Fleet that watched for her about Calice ; She being now but six years of age , accompanyed with Iames her base Brother , Io. Arskin , and Will. Leviston . The Siege of Hadington continues , and as bravely defended , when comes to their succour thirteen hundred Horse , armed Cap-a-pe , to assist to the Besieged , under command of Sir Robert Bowes , and Sir Thomas Palmer , but in the way , were all cut of by Ambuscade . But the Earl of Shrews●ury following with an Army of sixteen thousand , amongst whom were four thousand Germans ( equal friends for like pay ) raised the siege , most French , who retreated very honourably , and left the Town for the Earl to enter , who relieves it , and returns to Berwick . Monsieur de Osse marches to Humes and Fas Castle , Places taken by the English the year before , surprizes the Centinels , and takes the Castles . But Humes was taken by this Device . Order had been given , by the Governour , for the County to come in with provision , by such a day , whereof de Osse makes use ; loads his own Souldiers like Countreymen , who were let in by a Portal , cast down their provision , and secretly armed , fall upon the Guard , let in more company , and so surprize the Castle . In August after , comes the Earl of Rutland with three thousand Germans , and other Forces of the Marches , knowing the great difficulty for Hadington to hold out , the County so extremly forraged of all Provisions for contribution , without a standing Army to protect them ; Dismantling the Places of Strength , draws out all the Men and Ammunition , fires the Town , and returns to Berwick , not meeting any one to oppose him : And this was the last expedition from King Edward ; though the French remained with most of their bands , and some Galleys ; and so was poor Scotland massacred by two stranger Armies , as a prey to both Nations . But now began to have a breathing , being free from Strangers till the 2 year of Q. Elizab●th . During this time of trouble , Iohn Knox , having been imprisoned by the State for tumults and disorder in behalf of Reformation , escapes , and was now got into England , preaching at Berwick , then to New-Castle , then to London , and so to the South of England , untill Queen Maries daies of Martyrs : But afterwards , too hot for him to hold out , he passes over to Geneva , from thence unto Franckford ; which very unwillingly he did , being counselled thereto , much against his mind , by Iohn Calvin , a Frenchman of Aquitain , and bred a Civilian , who indeed could not brook such another Spirit as was his own , to meddle in that Government . At Franckford he was accused of Treason against the Emperor , and Queen Mary of England , whom in his Treatise of Admonition to England , he called , the One , little inferior to Nero , the Other , more cruel than Jezabel , for which he was forced to fly back to Geneva , but could settle no where , and so returned to Deep in France , and thereafter into Scotland , in anno 1555. and again , after some weeks , from thence he fled back to Geneva ; Nor there could he have footing , but returns to Deep , in anno 1557. From thence he conveys sundry Letters to his factious Lords , Lairds , and La●cks , tells them of true honor , to stick by the Kirk and his Counsel ; for that cause are they called Princes of the People , not by descent of Birth and Progeny , but by their duty , to vindicate the oppressed Kirk . Hereupon , his Letters , and other missives , so prevailed , that the faction came into a Common Band , 1558. and then Knox comes home , when Q. Mary of England dies , and Q. Elizabeth succeeds . And thus lincked , began their Geneva Congregation , into the face of Kirk ; Elders appointed , and called the Privy Kirk ; and at Dundee , it was first erected , by the scatte●ed notions of Knox pickt up at Geneva ; which profession there , hath since spread into many the Reformed Churches of Christendome . I shall take the boldness , to digress into that Story ; In Anno 1124. The Bishop of Geneva was the Prince of it , and the Territory thereof , and contending with Aymo a lay Earl , de Imperio Civitatis , the Emperour Frederick the first , gave leave to the Bishop , Ut ille solus Genevae principatum obtineret Regali jure . Yet some contentions followed , betwix● the Bishops , the Earls , and the Dukes of Savoy ; and therefore the Citizens , for Defence of themselves , entered League with the Helvetians , Berne , and Frebergh ( the Neighbour free Cities ) and so were powerful to shew their Teeth , against both factions , and occasion was soon offered to bite . For by the preaching of Farellus ( sometime Scholar unto Stupulensis and Viretus ) they began to dislike their Bishops Person , and his Popery ; Beginning to reform , as other the said Neighbour Cities had done . Novandae Religionis studium , ac Reipub. commutandae oblatam occasionem arripuerunt . And yet they would have been content with Him and his Episcopacy , but not with His Popery . The Bishop in possession , and having ( as Calvin after confesses ) Ius gladii , & alias civilis Iurisdictionis partes , Farellus then exclaims against that Civil Authority in Bishops , as unlawful . From which Doctrine , it was no marvel if the Citizens took upon them , that the Soveraignty of the City was in Themselves , and so the Bishop , and his crew , gat away . Quo ejecto , Genevates , Monarchiam , in popularem statum comutarunt . And by such advise as pleased them , they ordain a new Form of popular Government , jura Magistratus . The Bishop joined with the Duke of Savoy , quarrels his right , assault the City , anno 1536. and were beaten back , and the City , ever since , rule themselves : For Calvin was now come to them , a Frenchman , and may be called their Founder , the wisest man that ever the French Church could boast off ; A Civilian bred , and got his Divinity , not by learning it , but by teaching others . And this was their first Principle in Divinity , to cast off their Rulers at Pleasure . The Gospel , to wrest the Sword. Thus altered the Soveraignty , and thereafter the Government of the Church ; Some of their own say , it was mirabiliter . Indeed , much like the other ; as The One was thrust out , so the Other was abolished ; Dealing therein , as men do with rotten houses ; overthrow all the whole frame of Ecclesiastical building at once , into a rude heap ; out of which , they may the better make choise , and take of that old stuff , as they please to build a new , and yet in that way they are as inconstant . But hereupon they advise of a Church Government , respective to some Neighbour Cities ; and in this hurly burley , they confesse , they could fall upon no better , and yet they soon change this Model . A principal Stickler therein , was this Iohn Calvin , He began Ecclesiam componere anno 1536. It being before ( as himself saies ) tanquam dissoluta Scopa , and makes them swear to his Discipline , paucis capitibus comprehensum , , which lasted not nine Moneths wonder , and he , and his Comrades , bold Farellus and eloquent Viretus banished , and why ? Tyranni esse voluerunt ; In liberam Civitate● , voluerunt novum pontificatum revocare . In their absence , the City disagrees ( Farell●s and Viretus being better provided ) Calvin lying at the Lurch , sometimes at Tigurum , Basil , Strasburgh , returns again 1541. and with much cunning devises , as there was a Civil Sena●e , so he would have an Ecclesiastical Assembly of twelve simple Citizens , and ( observe his modesty ) but six Ministers ; The odds made it more colourable for Calvin , in Number , but not in Value ( Union in a prepared Conspiracy , prevailing more than Number ) for himself cunningly commands all , to the great regret of the Comminalty , whom at his pleasure , and with his power , in the Consistory , he suspended from the Communion , which is indeed the very Scepter of their pretended Sion . The City displeased with their Con●istory , advise with their Neighbour Cities on that point , and therein Calvin in outward shew the most busie , and therefore is admitted to pen their missive Letters , but underhand directs his own Letters to their Minister Bullenger , and others ; presuming that their Ministers would confer with them ; and therefore thus he prepares them , with lamentable Complaints against the ( Geneve ) Senates blindness , unhospitable to Strangers , abusive to Farell●s , Defenders of Hereticks , and Devils incarnate . Implores consideration upon himself , and his Associat● , being impugned by the wicked , for bringing them , from under the yoke of sin , to see the Sun of Righteousness . Ascribes much to their Ministers , the ver●●upport of Gods Church , N●nc ( saith he ) extremus actus agitur , nisi istinct afferatur remedium . And unless the Devil be now unsaddled by them , habenas ei laxatum iri , he would get the Bit in his Teeth , and run riot at pleasure . And for his own part he meant not to stay by it , but run away too ; Nec morositate nostra ●iet , ut loco potius cedamus quam sententia . And for what can a Man imagine all these good words ? why , truly he tells Mr. Bullinger , Brevis summa est , that your Noble Senate would say , that his Discipline is Consentanea verbo Dei. By no means , they would not ; but they were content to say , it did accedere ad praescriptum verbi Dei ; and withall returned back with their Letters a Form of their Government , but not to prescribe any of it to them , for that their own at Geneva might be more convenient . Hereupon 1537. Calvin foreknowing the effect of their Letters , hastens the City to resolve , who , with much ado , assemble , and put their own discipline to the Vote , which came to this upshot ( as Calvin saies himself ) In illa promisc●a calluvie Suffragiis fuimus superiores ; for when stomach strives with wit , the match is unequal . And let these his own Words be recorded ( in perpetuam rei memoriam ) by how many reverend Fathers , and famous Persons , with what Wisdome and Deliberation this Form of pretended holy Discipline was revived and entertained , if a disordered multitude by most voices , laid this plat-form , for all posterity to imitate . Major voice , helpt him well , upon which advantage he would practice : And therefore crouds in fifty French , his Countreymen , at a clap , free Denizons ; who had Ius Iubendae legis , and his Inter est was ( no doubt more ) to force in Ministers . For when the Magistrates would have but preferred a Genevian born to be one , Calvin storms at him ; Trollietus ( saies he ) quidnam ? quod natione sit Genevensis ( no other cause ) nisi quod Simiae amant suos Catulos . And indeed the Emperour Charls V. intending wars upon France , gave good leasure and leave to the Reformers to increase , the Pope to be displeased , which occasioned Calvin to compile his Book De necesitate reformandae Ecclesiae . And so have we , from whence It came , whither It would , who devised It , when , and how , and where , planted in Geneva Anno 1554. and Calvin continued there to his death , 1561. aged 52. years . And yet to spread it abroad ( for all Calvins wit ) he was glad , it seems to get it into favour with the assistance of Reverend Beza , being alike bred up with the profession of several Reformers , who ( together ) gave value to the progress of this beginning ; and truly of a good Man , grew much in admiration of Calvins wit , which induced him thereto , and became at length very bold ( in his Prescriptions to some in England ) to intermeddle here , and in Scotland , for the like Reformation ; witness his Epistles to Lawson and Knox ; His discourse of three kind of Bishops , of God , of Man , and of the Devil , to the exceeding censure of him . In France it had no repute , being termed Thalmud Sabaudiacum . To England it came , upon occasion of some Male-contents , in reference to Geneva ; for in Queen Maries Martyring time , those being fled to Franckford , they were afresh assaulted with the Orders of Geneve ; and Knox and Whittington collect the particulars of Edward the sixth's Common-Prayer Book , and send it to Calvin , who very censoriously is pleased to say Multas video fuisse tolerabiles ineptias . However , Franckford inclined to the English , and chuse Dr. Horn their Superintendent : at which Calvin storms ; and by great entertainments of other English , as Whittington , Gilby , Goodman , and others , invited their Persons to Geneve , and so stole their hearts to his humonr also . And they thereafter spread it in England the second year of Queen Elizabeth . About which time , Knox came also and carried it into Scotland . And this is the true story of the Geneve discipline briefly and impartially put together . This year a Treaty was held at Cambray , by Delegates of England , France , and Spain , for settling the various differences of State ; but especially between England and France , for restoring Calice , which had been lost to them by Queen Mary , but by no means would be rendered back . Yet at last a Truce was concluded upon these Articles . Neither Prince shall invade each Other , nor assist Eithers Enemies . The Ships of either Nation shall give Caution at their se●ting out to Sea , not to molest each Other . Free Commerce and Trading to be increased . The French Fortification at Armoth in Scotland , to be demolished . Eight years the French shall enjoy Calice , with the Appurtenances , and sixteen Pieces of Ordinance , and presently after shall restore it to Queen Elizabeth . Eight sufficient Merchants ( not French Subjects ) shall be bound in 500000 Crowns for performance hereof , and the Right of the Town to remain in the Queen . And if any Attempt or Innovation , be by any English , during that time , against the French , or the Queen of Scots , then the other shall be free . And on the contrary , If any prejudice shall be attempted or done by the French King , the Queen of Scots , or the Dolphine , against England , then Calice shall be instantly from thenceforth rendred to Q. Elizabeth . A Peace at the same time and place was concluded between the Queen of England , and Francis and Mary King and Queen of Scotland , and certain A●RTICLES of Agreements were referred to Commissioners to regulate abuses of each Borderers . And accordingly this Peace was proclamed in England and Frauce , but soon broken ; for the French King aiming at England , for his Son and the Queen of Scots , would not withdraw his French Garrisons out of Scotland , as was agreed , but privily sent over fresh Supplies , and openly challenges Interest in England for his Son and Daughter-in-law ; and in all writings used this Title , Francis and Mary King and Queen of Scotland , England , and Ireland ; Bearing and quartering the Arms of England , and upon their Heralds Coats . Of which Throgmorton the English Ambassadour Lieger , complained without redress . Levied forces openly and sent them to Scotland to border all places of England ; And being an utter Enemie to the Protestaints , was under hand abetted by the Pope , the Emperour , and Spain , holding Her an Heretique and Illegitimate . But those his Designs were soon cut off by an untimely accident upon him ; for tilting at the Nuptials of his Daughter with Spain , and his Sister with Savoy , and being run in at the eye with a Lance , the Bur sticking in his brains , he died immediately . Some hopes Queen Elizabeth had now of lessening her fears , and therefore to strike in with his Son and Successor , She kept his Fathers Obsequies with magnificent solemnity in Pauls Church ; And sent Howard the Lord Effinghams Son , to Condole the Kings Death , and to Congratulate the new Successor , with desire to continue Friendship and League , as with his Father . But the Guisians Party that now were like to govern all , counselled the young K. to increase the quarrel , and not to leave off the Arms of England . Throgmorton was told , That they might as well bear those of England , as Queen Elizabeth did theirs of France . It was so questioned at Cambray , but Doctor Wootton , answered , That twelve Kings of England on a Row had born them , with so much authority , that no Treaty ever disputed . But at last France finding the Queens jealousie to kindle into flame , they forbore , with this bravado , That indeed it was undone upon better consideration ; no addition of Terms or Titles could give Honour , but rather Diminution , to the Most Christian King of Fr●nce ; and that former Kings challenging and prosecuting their undoubted rights to Naples and Millan in Italy , yet used them not additional to France . We return again to our Scots . Knox came to his Party , being arrived out of France , May 1559. hastens to Saint Iohnstons , preaching them into practice . And first they chuse an Orator , the Laird of Caldor , with Petitions and Supplications to the Queen Regent of their Demands ; for having before got leave to read the Bible , now they desire to convene in Prayer , to interprete the Scripture , to baptize their own , to receive in both kinds , and ( ever at the end of all ) to have the Priests Reformed . To all these , She gave a reasonable answer , but not so satisfactory as they required . They protest in Parliament to stand to their Tenents , and If Distraction or Destruction follow , the blood they bring home to the score of bad Government . For which , they were summoned to appear at Serlin ; and they , to strengthen themselves against any force , congregate all their parties from Dundee , Montross , Saint Iohnston , Angus , and Mernes ; and so came forward towards the Queen at Sterlin ; whom she caused in prudence ( with fair promises ) to be staied ; and now they call themselves the Congregation , and keeping still in a body , the necessity of State inforced her to put them to the Horn ; Inhibiting all upon pain of Rebellion not to side with them . Whereupon they fall to action , Robbing and Plundering the Gray and Black-Fryers , a building of wonderous cost and greatness , which in three daies they wholy destroyed . But the French Forces , and other power of the Kingdom , soon made them to yield the Town upon Treaty , which was secured by the French , until several Congregations had inveigled some of the Discontented Nobles , and siding with them , send a Trumpet to redemand the Town ; which being denied , by force take it ; And with Knox ( their chief ) destroyed Scone , took Sterlin , and so marched to Edenburgh : from whence the Queen was fled ro Dunbar , and there in the Name of Francis and Mary King and Queen of Scotland , Dolphin and Dolphiness of Viennois ( now in France ) and lately maried , commands them to separate and depart home ; upon pain of Treason . This begat a consent to treat at Preston , to little purpose there , but was somewhat pieced afterwards at Edenburgh ; Then they make a New Covenant at Sterlin , resolve to call assistance of the Neighbour Princes , and send into England to Q. Elizabeth , newly come to the Crown . The Queen Regent ( a most modest and virtuous Matron ) was as busie ; and accordingly came over 1000. French in August , the rest in September ; and so each party prepare for Warr. The Congregators had got to their side these Noblemen , the Duke of Castle-herault , the Earls of Arran , Arguile , Glencarn , and Montieth ; the Lords Ruthen , Uchiltry , Boyd , and divers other Lords and Lairds ; The Queen proclaims them Traytors ; They reply with a Declaration against it . She thereupon by Lion her Herald , denounceth Treason against them all . Upon which they convene , draw up Articles against her Government , and to depose her from Regency ; and for Her and the French to depart Edenburgh in 24. hours , and the next day storm it , but with loss , and fled . The Earl of Bothwell , having much interest in the State , sends for more forces to the Duke of Guise in France , who governed all there , and sent them some , which suffered Shipwrack upon the Coast of Holland . Robert Mel●in , in behalf of the Congregators , returns from Q. Elizabeth , with Articles to be answered ; which afterwards came to a Contract . And having got England , in a different Policy , to friend their Cause , they wisely decline their Title of Congregators , and call ▪ themselves Protestants , as in England , from whom now they have great Support ( rather to ballance with the French , than bowlster their proceedings ) but it was long first , being often ●olicited by hu●ble Letters from the Protestant Lords , and particularly , to apologize for a pestilent Pamphlet written by Knox against the Government of Women , which he also excused in several long-winded Letters to Queen Eliz. her self , and to Sir W. Caecil Secretary of State. To whom Caecil replies in brief . Mr. Knox , Mr. Knox , Non est Masculus neque faemina ; Omnes enim ( ut ait Paulus ) unum sumus in Christo Iesu ; Benedictus vir qui confidit in domino , et erit Dominus fiducia ejus . I need to wish you no more prudence , than Gods grace ; whereof God send you plenty . Oxford July 28. 1559. W. CAECIL . But their Messenger was Secretary William Maitland of Lidington , and others , who in a doleful tone complains , that since Queen Maries mariage in France , the Scots Government was quite altered , with favour to the French , who flock thither for preferment , and trust of Offices of Honour , and Places of Strength , their Coin corrupted , and so in time to Master all , and make them French. Caecil , Lord Burghley , a wise and subtle States-man , deals with Sir Henry Peircey ( afterward Earl of Northumberland ) so far their Neighbour , to pick out of the Congregators , what they aimed at ; for they were then budding into a profession , which the wisest of the World knew not what to make of : And , that if they succeed by this assistance , upon what conditions they would piece with England , and so to find their temper , being supposed State Revolters . They , with eyes heaved up to Heaven , answer , For no other Aim or Intention , but the glory of Iesus Christ ; and the sincere word of God , truly preached , against all Abominations , and Superstitions ; to restrain the Fury of Persecution ; and conserve their Liberty ; The mutual Love of both Kingdomes , was the Sum of all their desires , to which end they vow their Lives and Faith. It was but slowly considered ; upon these grounds , That the Scots were poor , bare of Money and Munition , unfaithful to themselves , and not to be trusted abroad , but warily to go to work with them , They were advised to stand upon their Guard , and not enter rashly into Arms. But when the English found the French so forward , as to be on foot with Warlike forces , under command of Marquess ● Albeuf , Uncle to the Queen of Scots , levied by the Reingrave in Germany , with Ammunition and Ordinance , ready to be ●hipped , It appeared to be rather for Conquest than Countenance , and so was it time for the English to strike in for a share , if not to prevent such Neighbour-hood , upon that Rule , Let the French be thy Friend , but not thy Neighbour , and indeed were afraid of an invasion , as was threatned , upon several Pretences . And first the English Counsellors wisely considered , not to provoke , nor to give bad Examples for Princes , to lend Protection to rebellious Subjects ( For so all Potentates esteemed the Scots against their Sovereign . ) And on the other side , it might be accounted little Piety , to forsake a Protestant Party , for so the Religion would have them . But concluded it reasonable to be in Arms , and to expect occasions ; It being alwaies the English fore-sight to prevent invasion at home . On the sudden it was hastened to send forces to Scotland , upon pretence however to assist Religion , and so drive out the French from thence ere they should take firm footing there . This Result might be grounded on former Examples ; by the English neglect , lost Ambleteul , and the Fortifications neer Bologn , taken suddenly ; which necessitated the loss of Bologn it self , presently after . And the same carelessness rendered Calice to the French. Upon which score , lest Berwick and the Borders should be surprized , forces are sent by Land thither , and by Sea into Edenburgh Fryth , with a Fleet that suddenly set upon the French Ships riding neer the Shore , and their Garrisons in the Isle of Inchketh . The Duke of Norfolk comes to Berwick with forces assisted with Commissioners ( Sir William Caecil Secretary , and Doctor Wootton a Civilian . ) And who must come to kiss their hands , but the Prior of St. Andrews , Iames , the Bastard Son of Iames the fifth , the Lord Ruthen and others , Commissioned from Hamilton Duke of Castle-herault , and the Confederates , and there enter league with England . In May 1560. For preservation of the Kingdom of Scotland against the French , during their Mariage with the French King , and a year after : and for expelling the French , provided that they preserve obedience to the Queen of Scotland . The Governours of that State , Who had imped their Wings with Eagles Feathers ▪ liked no game now , but what was raked out of the ashes of Monarchy , making head against Soveraignty . And to make it the better , called in to their aid the English Forces , inviting their antient Enemy the English , against the French ; and by that means , turned her own Sword , into her own bowells , to the funeral of her own Liberty ; and so it was no wonder , Scotland at that tiuse , to pass under Foreign Servitude . Evermore crying Liberty , which they most avoided as they came neerer to the End , and Event . And hereupon an English Army of 10000. was sent , under Command of the Lord Gray , and were received by the Duke , Arguile , Ruthen , and Others ; the Queen Regent , with her faction , took security in the Castle of Edenburgh ; The French inclosed within the Town , issued out upon the Besiegers , and put them to flight . But rallying again , forced the French into the Town , and stormed it with great loss . And now the Ministers make the fourth and last Covenant , To expulse the French out of the Kingdome , when in Iune 1560. the Queen Regent dies , and forthwith came Commissioners , Randan with a Bishop , Deputies from the King and Queen in France ; Sir William Caecil , and Doctor Whitton from England , treat and conclude a Peace at Edenburgh in Iuly , That the English and French should depart the Kingdom , and 24. elect shall govern , whereof the King and Queen in France shall nominate seven , and the States five , as one Council ; and six of those to be of the Quorum . And Deputies of the Congregation to be sent into France by Petition to the King and Queen for granting privileges concerning the Reformed Ministers , and their Religion . Which Treaty Queen Elizabeth endeavored evermore hereafter to press Queen Mary to ratifie , which she alwaies refused , or excused . And thus being rid of two devowring Armies , some hopes remained to recover that poor Nation into reasonable quiet . But the Strangets gone , the Ministers pulpit their Design , prescribing certain Diocesses to several Men. We shall use their Names hereafter . Knox to Edenburgh , Goodman to Saint Andrews , Heriot to Aberdeen . Row to Saint Iohnstons , Meossen to Iedbrough , Christoson to Dundee , Forgeson to Dumfermling . Lindsey to Lieth . Afterwards they had their Super-Intendents . Spotswood for Lothian , Woram for Fife , Willock for Glasco , Canswell for Arguile and the Isles , Dun for Angus and Mearors . And then the next Parliament , they supplicate for Liberty of Conscience , with Invectives against Papistry , but not Episcopacy as yet . And presented 25. Articles of the Confession of their Faith ratified by the three Estates , called Lords of the Articles , viz. eight Lords , eight Church-men , eight Commons ; these are first to consider Articles and Heads , and then to present them to the Parlament to pass , and are called in the Latine , Authores Apolecti . And two Acts were published against the Mass , the Popes Supremacy and Jurisdiction , which were sent to the King and Queen in France for ratification , but by them refused ; however Knox , Winram , Spotswood , Willock , Dowglas , and Row , devised a Policy of Church-Government , which they called Discipline ; And fearing the future , they send Commissioners into England , to supplicate Queen Elizabeths assistance and support , against fresh Forces out of France ; when in December 1560. Francis King of France and Scotland dies , and therefore to his Queen Widow , was sent the Lord Iames , afterwards E. of Murray , as her Counsel . In this Interim , the Ministers bethink of some Orderly Form in the Kirk ; The Manner of electing Super-Intendents was , to summon the Churches about Edenburgh , by publick Edict ; Iohn Knox presented Iohn Spotswood , Super-Intendent of Lothian , whom the multitude accepted , and promise obedience , as to their Pastor . He by questions , professes and answers , That he accepts of this office without any respect of worldly Commodity , Riches or Glory ; but since these daies of pluralties , they leave out this Article without answering , concluding to be subject and obedient to the late Discipline of their Kirk . And thus he becomes a Minister of the Multitudes making , which , with the blessing of some one of them , he is dismissed . At this time comes over an Ambassadour from France to restore Bishops and Church-men ; He was answered Negative , and so departed . And presently after they fall to pulling down Abbies and Monuments of the Church . And now begins Jealousies , between the two Queens of England and Scotland ; For the Scots had sent into England for the Queens ratification of the Treaty at Edenburgh , which she signed ; but the Queen of Scotland in France refused it , with excuse , until she comes home , and consult with her Council ; which the other took ill : Although she had endeavoured with reasonable Arguments to satisfie her Ambassadour Throgmorton therein . But the Widow Queen arrived in Scotland out of France in August 1561. in most tempestuous weather ; Triste et lugubre Caelum : And no sooner come , but hath Mass in her Chapel ; and breeding disquiet , she proclaims it death to oppose it ; against which the Earl of Arran protests by Proclamation , and Knox by preaching ; with whom , the Queen vouchsafes conference , concerning the Mass , which she wisely sought to maintain , and rebuked him for his insolent Book against Government by Women ; and Knox gave it for his opinion of Her , That she had a proud mind , a crafty Wit , and indurate heart . And the sooner to put Her to it , the Provost and Bayliffs upon their Election at Edenburgh , customarily proclaim the general Ordinances , and Orders of the Town ; In which they inserted against the Mass , and for which they were punished , and proclamation for freedome of Papists . The Ministers oppose , and in private Conventicles , dispute Obedience to Soveraigns in that case , and conclude to be absolved ; whereat the Council were offended , and Knox and Row urge it the more , and resolve to put the question ( forsooth ) to the Church of Geneva , which Knox undertakes to mannage . The Queen being thus busied , to quiet her own discontents , Queen Elizabeth sends Sir Peter Mewtes to require the Ratification of the Peace at Edenburgh ( as upon all Scotish distractions she evermore urged ) who was answered as heretofore , that She would advise . The General Assembly of the Kirk was now , wherein the Ministers could not be ruled with any reason , but rashly offered their Book of Discipline ; which the Lords , ( even of their own Congregation ) wisely thought fit , not so suddenly to prescribe , till the affairs of the Estate were settled , and the Ministers as madly would have it now , drawing ( with all their ●unning ) the Gentry , to their side , and to assemble without the Lords ; so that it was visible to wisemen , Excessit medicina modum , or rather , excessit medicina malum . It was now conceived opportune , for the Queen , and the peace of all , that this assembling , at the Will of the Ministery , should be questioned , and if possible to make them void , unless by publick allowance of the Prince ; for under colour of rectifying some disorders in the Ministery , or other petty occasions , they took opportunity by this means , to convene , and so to plot and vent all their devices against Government ; and this being expresly conceived dangerous , and mutinous ( as they managed the matter ) it was stopt . Then they propose the ratification of their Discipline Book , subsigned with hands enough of their Nobles , when it was devised ; they durst then do no other , for fear of the Multitude ; which the Queen refused ; protesting mer●ily she was well assured , The Lords that subscribed , never ment to submit , being t●● severe for their wilde tempers to obey , who under Writ , as children are baptized , fide Parentum . Then they supplicate for maintenance , being as yet , only at the Will of the people . To begin their work , a reasonable pittance was sufficient contribution , which afterwards , they inordinately sought means to increase . And therefore for the present to please them , the Council Ordered , That the Bishops should have two parts of their Livings , and the other two parts should be gathered by appointment , for uses of the Ministers , and the common affairs of State : The Queen being served , the Ministery should have the Remainder . Which Knox interpreted in his Pulpit , to be Two parts to the Devil , The third between God and the Devil , And the fourth for his Dam. And by compute of their own Lords of the Congregation , a hundred Marks a year , was then sufficient for a single Minister , viz. five Old Pieces , and three hundred Marks to the highest , with Wife and Children , ( the Super-Intendents excepted . ) The Lords fearing the Pride of the Ministers , appointed Modificators ( as they stiled themselvs ) left they should be over wanton , which truly with this pittance could not be much feared . But indeed , for what they had ( as the Queen observed ) they never prayed for any blessing upon Her , to which Knox replied , That she had no more interest in that Revenue , than the Souldiers had to divide Christs Garments ; Nay , she not so good title as they : for they parted not them untill Christ was crucified , But she shares whilst Christ is preaching . These words were accounted insolent , which he boasted of , That thus Truth will triumph . At this time a Riot was committed by the Marquess D' Albuef , the Earl Bothwell , and some others , upon the House of one Ramsey for his Daughter-in-law , Allisson Grage , in malice against the Earl of Arran who bore affection to her . The Ministers were great Sticklers herein , evermore siding in all quarrels , as might make for themselves , and supplicate the Queen for publick Justice ; She execused her Uncle D' Albuef , being a Stranger to the Customes of the Country , but she would order his obedience and civility for the future . This not sufficient , the Duke and Hamilton ( fomented by Knox ) take Arms against Bothwell ; to appease them , the Queen sent Murray ( lately made an Earl ) & Huntley , to command Peace . But Bothwell having private conference with Knox , gained unto them the E. of Arran . Not many daies after Arran discovers to Knox , and others ( but falsely ) that Bothwell should conspire to take the Queen , and deliver her to him , & that Murray , and Lething●n the Secretary , should be murthered , and so he and Bothwell to govern all , which he resolved to discover to the Queen , and did ; immediately tetyring to his Father , the Duke of Castle-Herault , at Kennel ; who , it seems , suspected his false Design , and restrained him . But he , getting loose , meets his Brother the Earl of Murray , who brought him to the Queen at Faulkland . Upon his Accusation Hamilton and Bothwell were secured , not without some appearance , that Arrans tale was disjointed , and therefore he was thereupon cunningly advised by Knox to pretend a little whimsey of distraction in the brain , to colour their Knavery . However , the Queen commits them all to Saint Andrews Castle , and takes from the Duke his Command of the Castle Dunbarton . She returns to Edenburgh , where , according to the season , some Court pastimes were exercised by the Queen her self , against which Knox openly preached , and which begat a conference with him , the Lord Iames , Morton , and Lethington being present ; accusing him to have irreverently and dishonestly spoken of her Majesty , endeavoring to draw the peoples affections from their duty , much besides his Text , but upon his better behaviour , there might be hope of the Queens Grace and Pardon , which was , as yet , deferred . But she no sooner progressed to the North , her absence giving occasion ( as at all such times ) for the Ministers to assemble , and evermore to whisper some dangerous designs against them , on purpose the better to linck themselves in power for any plot ; and to busie themselves in all State-affairs , which now began to be in difference amongst the Lords , especially Huntleys party against Murrays power , and the family of the Gourdons ; and , which gave occasion to Knox , and his Party , to preach fears and jealousies , and to stand upon their Guard , doubting , very much , to be questioned for those , and other , his offences ; They assemble at Ayre , where to secure himself , and to make his particular Crimes past , to be justified by them all , They enter a new and strange kind of Covenant , That whosoever shall molest , trouble , or hurt any of their Members , the fact shall be reputed hainous against the whole body of them all . And this was made an Act , and confirmed with Subscriptions , Sept. 1562. Amongst whom , in this rabble ; they had got to side with them , such unruly Lords , as were like to make notable use of this their Doctrine , as Glencarn , Boyd , Uchiltry , and others . Then travels Knox to Neisdall and Galloway , keeps correspondency with Bothwell , who had lately broke Prison ; writes to the Duke to beware of Huntley , bruiting abroad that the Queen was surprized , Murray and all his Friends slain ; in this his journey he challenges the Abbot of Cosranel to dispute , opposes his preaching , and puts Hay into his Pulpit . In this progress of the Queens , the Castle of Innerness was maintained against her entrance by Gourdons Command , which by force was fain to be rendred , and his Kinsman , the Captain , hanged , and diverse other Confederates : whereupon Earl Huntley takes Arms and threatens Murray , Lethington , and Pittarro , to the hazard of the Queens person , who calls to her aid all the Counties to Aberdeen , summons the Castle of Finlator , which was denied her , and the Castle of Ashdown also , by Huntley . Gourdon seizes a Guard of sixty men , slew some , and disarmed all ; for which fact , and Huntley also refusing to come in , they were proclamed Rebells , who raise a thousand men , the Queen as many , and to her aid comes the Duke , the Earls of Arguile , Murray , and Glencarn , and , neer Aberdeen , Huntley was beaten , his two Sons slain , and himself , a Corpulent Man , with the heat in Summer time , died without any wound , and was carried to Aberdeen , that night ; which fulfilled his Wifes prophecy ( affected to Witchcraft ) that he should be in the Town that night without any hurt . Gourdon was presently executed , who in fear , but more hope of life , revealed the Treason of his Father and Family , as also of the E. of Sutherland . In those times the French were much imbroyled with Civil Dissention at home , which gave occasion that the Intelligence , and outward Friendship of both Queen of England and Scotland increased , and Lethington was sent express to England first , and then to the Guisians in France , concerning the Scots affairs , and the Queens Mariage , of which now began much talk , with the Infant of Spain , or with the Emperors Brother , or with the Duke d' Neveurs , but the most guessed aright , which after happened , with the Lord Darly son to the Earl of Lenox . The Court came to Winter at Edenburgh , where the season commonly admits more plenty of Diet and Entertainments , and so had been usually observed at Christmas time , but now no more such Idolatrous mirth and prophaness , the Ministers rail against it , which had like to have brought much mischief , but that their business was somewhat interrupted by the slip of of a Chip of their own Block ; for Panl Messans , Super-Intendent and maried , was questioned for getting Barn upon his Maid Bessy ; he boldly denied her accusation , and much cunning there was , to hide this Sin from the general slander of the Ministery , Especially by the Papists Priests , whose Brotherhoods had been often canvased by the Congregation , for such Crimes . And at the instant , when the opinion of his Sanctity , and some juggling helps of his Brethren to boot , inclined the Judges to cleer him , notwithstanding ears and eyes of several Witnesses , afforded more than suspition of his guilt , then on the sudden , comes home the Wenches Brother from Far , being heretofore intrusted by Messans with Bribes and Tokens for them both , with such other particulars as at last condemned him ; who in the end confessed all , though he was Knox great Companion , and Ring-leader into much mischief . At this merry Christmas , one Chattelet , a French Gentleman , having had the honour to dance with the Queen , the usual grace of all Princes at such Balls , by which occasion he imboldened himself so far into disorder , that she caused him to be questioned , arraigned , and executed ; Indeed he had placed himself so suspitious for Mischief , or Treason , as he acknowledged his guilt , and died penitent ; and desirous ( in an humble intention ) to satisfy any jealousie of dishonour to the Queen , he said at this time of his suffering , that he was no otherwaies guilty , but , pour estre , trouve in lieu trop suspect . The Ministers commented at pleasure on these his last words , trouve in lieu trop suspect . In Easter following the Mass was more publique , by permission of the Bishop of Saint Andrews , and the Abbot of Quitholm , which had been forbidden under pain of Death , yet underhand permitted , but divers persons , Priests , were apprehended by the Kirkmen who take upon them to prosecute , examine , condemn and execute without authority of the Queen or Council , They pretending , That the Spirit of God did to their consciences justifie their actions . And to the Court comes Knox , bold and busie , preaching it into a further practice , who was willed by the Queen to preach Jesus Christ , and him crucified , and peace to the People ; to leave the affairs of State , and proceedings of Laws to her Execution . He answered , That the Sword was trusted to Princes , whilest they execute true Iudgement ; If otherwise , those that fear God may perform that duty , and justifie it . He had his Text for it , Samuel slew Agag , whom Saul saved ; Elias spared not Jezabel , nor Baals Priests , in the presence of the King Achab ; Phi●eas was no Magistrate , yet strook Zimri and Cosbi to the Death . There was an Election of Super-Intendency at Dunfres , and the Bishop of Caithness stood for it , which the Queen opposed , against whom she had good reason to except , having been false to her private Items concerning the Ministery , and underhand revealed all to Knox , who had gotten interest with him his great Confident ; and therefore the Queen advised Knox to be just in their choice of good men ( for the Bishop was now cut out a chip of their Block . ) But he is to be chosen upon this Score , That the free Spirit electing , they cannot err ; And so being confident to carry it by his power , left the voting to the Commissioners . His back being turned , they take Robert Punt ; for now was Knox progressing his Itinerate Circuit , to Glasco , his visitation , and to get assistance of voices against those of the Mass , who were summoned to Assemble , in May following , at Edenburgh ; where the Bishops , Priors , and Parsons appeared , and to please the People , divers Papists were committed , the first that ever suffered imprisonment for their Religion by publique Authority . Which yet was ill construed by the Kirk-men , as done , say they , by deceit , to avoid further quarrelling in Parliament , which began two daies after ; And the Queen , attended with a train of Ladies , gave fresh matter of anger to the Kirk , for their fine clothes , and were not quiet till they presented Articles for Reformation therein ; and hereof being told by Earl Murray , as disturbers of greater consequences ; Knox in a rage discharges Murray , by writing , from medling with the Kirk ( in which business he had been very observant ) or with his affairs ( as he stiled his Popedome ) Telling him , of his mean estate , when Knox took him up at London ; and by his means , thus set up , beyond his merit , or mans imagination : but now ; he leaves him loose to his own wit , and doubts not but to his destruction . And thus he durst do to the Queens Brother , the prime man at the Stern of the State. In this Parliament Acts and Ordinances were made , against Adultery and Witch-craft , ( which at that time abounded , even with the great ones ) for restitution of Glebes , Reparation of the Churches ; and yet all these could not content Knox , for he pulpits nothing but State-affairs ; is displeased with all , And tells them , that although their Parliament ends , without due confirmation of the Kirks desires , their establishment was by the best of Parliaments , without King or Queen ; and they scorn to steal away from their former stoutness , which hath thus far prospered ; bids them be assured , that if the Queens affection in Mariage ( which he knew of as well as the best of them all ) should fall upon an Infidel ( all Papists being so ) they must expect plag●es to follow , and the Kirks curse to boot . Of this , he and Arskin , Super-intendent of Angus , were questioned by the Queen in private ; She tells them in tears , which broke into brevity , How low her Princely Nature descended in often conferences with sundry of them ; advising them to moderation , whilst she could Counsel for their quiet establishment . And thus restraining her self in punishing their disorders , both against her Person , her Power , and her deerest Uncles ( for you spare none ) you take the more Liberty to heighten your offences beyond pardon . Knox answers , That his patience in suffering abominations , was more agreeable to be disputed than his pardon was to be pleaded , and if his tongue took liberty in his preaching place , she must take it as she pleased ; for in the Pulpit , he was not Master of himse●● , and yet had no Superior but God , to speak plain , not to flatter any flesh upon the face of the Earth . Qu. Doth my Mariage concern the Pulpit ? Kn. Yes , more than your Counsellors , who are so wedded to your affections , that none but we dare tell them their duty ; and as my birth makes me a Subject , so my Gifts give me freedom of equality with your Peers , and it becomes me not to be less content with your publick actions ; Your Mariage concerns us all . Arskin was more moderate , and much moved at the Queens excess of Tears ; Which rather burst out in despite so to be despised . But Knox told her , He could better sustain her Tears , than the trouble of his Cause , or to betray the Common-wealth . Herewith , she bid him be gone , but durst not question him , his faction was so great . Yet not over fearful to be less than her self , she set the committed Papists at Liberty ; at which Knox was angry , using his grace at Meat , To be delivered from Idolatry , and to have Peace but for a season , and why ( said some ) not alwaies ? He answered , That he prayed in Faith , and his Conscience conceiving , during the Mass , peace could not be , therefore in Faith he wished it might not be . To Sterlin the Court came , her houshold-Mass never , till now , questioned ; A zealous Brother , Patrick Cranston , past up to the Altar , and forced away what was thereon in presence of the Priest ready for their sacrifice ; for which violation Cranston , and another , his Companion , Armstrong , were committed ; which intrenching upon their late Covenant , concerned their whole Body . The News was carried to Knox , in all extremities his counsel was called for , and therefore , Pope-like , he sends his Breves . IOHN KNOX To all the Brethren , &c. And thus subscribed , Wheresoever two or three are gathered together in my Name , there am I in the midst . He remembers the Brethren of the dangerous by-past times , which their Assemblies withstood , but being not frequent , the adversary took advantage , that their bloods are to be shed in the persons of these co●mitted , for only opposing the rascal Multitude that repaird to that Id●l , with their devilish Ceremonies , & conjuring accursed Water ; this preparation upon these two , and some others , is as a door opened for cr●elty against us all ; for prevention he commands a meeting publick at Edenburgh , without fear of any power , or failing at the day assigned . This Letter dispersed by Copies , came also to Ayre , and so to the Queen and Council , at Sterlin , and sentenced as Treason ; the Nobility were speedily sent unto for their Authority of Condemnation in December . In the mean time Murray returns from the North , confers with Lethington and L. Heris , advises Knox to submit for pardon , which he boldly refused , having sent for Spency Advocate of Dundee , and others , to assist him . But was brought to the Queen and Council in the evening ; whom the Brethren followed in Multitudes , flocking and forcing , even to the Cabinet Chamber ; where assembled the Duke , Arguile , Murray , Glencarn , Ruthen , and a full Council ; and then the Queen came in presence . Lethington produces the Breves , which he acknowledges , and reads them . Being asked , whether he were sorry so much had past from his pen , he answered , Before I repent , teach me my Offence ; If the vocating of the Queens liege people be a Crime , We must then distinguish between lawful and unlawful Assembling ; what Convention hath been without my vocating ? He was answered , That heretofore it might admit favourable construction , but now the Q. presence in the Kingdom , and more peaceable Authority , it becomes no private person to assume that boldness . Knox replied , The time that was , to me is now ; though the Devil has got a vizard , he came in as himself , a Tyrant ; and was it then more lawful ? But now he practiceth under the Cloke of justice , what he could not do by strength ; And if my Convention was without the Q. command , so hath all that God hath blessed , since the beginning of this action . The Q. finding the pulse of the major party of the Lords , consented to spare further censure , upon his better behavior , and so he was returned . The General Assembly began in December , and the Petitions which the Ministers of Churches presented , were neglected , to which they concluded , if the Q. will not , we must . Christ. Goodman an Englishman of their gang , demanded of the Secretary , What title either the Queen had to the thirds , or the Papists to two parts ? He was answered , Ne sit peregrinus curiosus in aliena republica . But he replied , I am so , in the policy of Scotland , but free born in the universal Church of God , and the care thereof , as equal mine , as any yours . Knox craved the Opinion , and sentence of the Assembly , for his behaviour formerly and present ; to which some said , It was not for them to justifie rash Iudgments of men , who speak their own pleasure , not the publick profit . Nothing intervend , but the Ministers continual railing , until the next general Assembly in Iune 1564. whereto , the Lords adjoined ; but withdrew into the Inner Council-house , and required to confer there with the Super-Intendents , and chief Ministers ; answer was returned , That as they were members of the Church , so they ought to propose in publick , and be assisted by the whole body ; inferring some foul play , to draw the Ministers singly to the faction of the Court. Which the Lords in answer endeavored to cleer , assuring , that no conclusion should be of this discourse , without consent of the Assembly . And so they were permitted a choice number , among whom we may be assured Knox was not wanting , and to watch the Scribes pen. The Lords began to remonstrate the grace of the Queen for liberty in Religion , though not of her own profession , which should deserve good Offices from that Church , to maintain her advancement , and to procure obedience of her people , with their unanimous and uniform Prayer for her Majesty , especially Mr. Knox to be moderate in obedience to her person and State ; for others by the evil example may imitate the like liberty , albeit not perhaps with the same discretion and fore-sight . Knox answered , The Queens grace is not the grace of God ; Idolatry is maintained by her own person , and for her Sins the Land must lament . So was Juda and Jerusalem for Manasses ; and though not all the people , some followed , and some consented , by act and deed , by suffering and permission , as the Q. and you Lords . They told him of his prayer , which was , To illuminate her heart , if thy good pleasure so be , with condition : he answered , We must ask according to his will , thy will be done , and so the Master of the Prophets and Apostles taught him to pray . They said it gave a doubt in the people of her conversion . No , said Knox , In her obstinate Rebellion , not to hear true preaching , but will use the Mass ; and Peter prayed , That if it were possible , the thoughts of Simon Magus may be forgiven him , and the same doubt toucheth me of the Queen . After long disputation of the duty of subjects in general , which Knox disallow'd in each particular , Lethington desired the Lords to decide these questions , and whether the Q. should have Mass ? but Knox opposed sentence , but in the Assembly , yet they fell to voting and dissented , without concluding . In Iuly the Q. in progress , there past many letters of kindness between the two Queens , with costly presents and tokens . In October the E. of Lenox returns from England , and for his sake , the sooner to restor him to his lands , after 22. years exile , a Parliament is called at Edenburgh , in Decemb. and then arrives his Son Henry Stuart , Lord Darly , out of England , and E. Bothwell out of France , against whom Murray complains , concerning the Conspiracy , ( alleged by the Earl of Arran , ) and for breaking Prison . The Q. taking great affection to Darly , she posts away Lethington to Queen Elizabeth , that she meant to mary him , the rather , he being of Kin to both Queens ; for his Mother was their Cosin German ( and of the same name Stuart by his Father . ) King Iames the fifth having lost his two Sons , declared his Resolution for the Earl of Lenox to be his Heir ; but the Kings death , and his Daughter born , prevented that Design . Then comes the Earl out of France , with intention to mary that Kings Widow , and that failing , he maries Margarite Dowglas , and his Son maries the Kings daughter Mary , and so the effect of the Kings desire continues the Crown in the Name and Family . Q. Eliz. not pleased to suffer such Contracts with Subjects , prejudicial to the Crown , ( seeing her great affection ) pretends to declare her Heir to the Crown of England , if she might advise her Mariage , and commands Lenox , and Darly , to return to England , but underhand well satisfied , she promoted the Mariage , as good security to the succession of the Crown of England , he being second heir to the Q. of Scots ; Nor cared Q. Eliz. to have her meanly maried , who she thought ( of her self ) was too proud . The Court affairs hindred not the business of the Church , who receive several Letters from the brethren of the West , to them at Edenburgh , Dundee , Fife , and Angus , to mind them of the Mass , which stuck in their stomacks , till it were vomitted out of the Kingdom . They feared the Papists Pasche , and so made supplication to the Q. by the Super-intendent of Lothian , for effecting their desires ; which the Secretary received , and procured the Q. letters to several Bishops , of St. Andrews , Aberdeen , and other places , to forbear Mass. The Communion was administred in Edenburgh , Apr. 1565. and neer Easter the Bayliffs imprisoned a Priest , one Carvet , after Mass , and others with him , revesting him with his Robes , and so , Priest-like , mounted him on the Market Cross , with his Chalice bound to his hand , and his body to the Cross , for 2 hours , whilest the Boyes sweetned him with rotten Easter Eggs. The next day he and his Companions were accused and convinced by Assize , and sparing his life , he was again tied to the Cross , for 3 hours , the hang-man beside him , to keep off the Malignity of the people , and after imprisoned , whom the Q. shortly after released , and well rewarded him , and his Assistants Low and Kennedy , with livings . In May convened at Edenburgh , the E. Murray , with his Confidents , to keep the Law-day against Bothwell , who durst not appear , but fled into Frace , not without suspition of favor and maintenance of the Q. though she was innocent . This convention ( of colour concerning Bothwell ) being , Murray , Arguile , Glencarn , Morton , and others , Lords and Barons , sat upon business of the Church , for enlarging some Articles , to be ready for the next general Assembly . The Queen as far as Sterlin , soon had knowledge of the Assembly , and jealous of all Conventions without her presence , commanded their appearance before her , with the Super-Intendents , and others . This served her turn another way , to give presence to her investing the Lord Darly with titles of Honour before Mariage ; and procured them to sign the Ratification of the Contract , though Murray refused , and excused , until the whole , or principal , Nobility should be present . At this instant , arrives at St●rlin , Sir Nicholas Throgmorton , Ambassadour from England , being teturned with ●ethington ; who declared , that his Queen was highly displeased with this precipitate Mariage , and the meaness of the Man , and desired that the Earl of Lenox , and his Son Darly , might be dismissed back to England . To this the Queen gave fair words , and would satisfy her Sister by Embassy of her own . And so was the Mariage propounded in Council , and granted by all , with Murrays consent , upon these terms , to establish Religion , and abolish Mass , but in that particular to be further discussed at Saint Iohnstons . And forthwith was Darly created Earl of Ross , and withall the Queen called for the Super-Intendents , pleasing them with some Court-Holy-water , but referred the business of Religion to a publique Dispute for Peace to the Kingdom . This was not satisfactory to them , but they advise upon six Articles for the next Assembly ; And then they presented them to the Queen at Saint Iohnstons by Commissioners from the Church National at Edenburgh , as they now stile themselves . First , For abolishing all manner of Popery , universally to be suppressed , not onely in each Subject , but also in the Qu●ens own Person . Secondly , Provision of Maintenance for the Ministry , and dissposing of Livings . Thirdly , For Tryal of Sufficiency of Super-Intendents , and Ministers . Fourthly , For all lands of Popish Foundation to be restored for maintenance of the poor , and Scholars preferment . Fiftly , Against all horrid Crimes , Ecclesiastick and Temporal , be appointed two Iudges . Sixthly , For ease and support of poor H●●sbandmen , &c. The Queen receives these Articles , but refers answer , till she comes to Edenburgh in eight daies : which displeased the Assembly , who therefore have private meetings , and elect eight persons , to see the Brethren well armed , and after a longer time of attendance , get answer in Writing . To the first , The Queen is not perswaded to Presbytery , and believes no impiety in the Mass , and so not to be prest against Her Conscience , nor will she forsake hers ; and having no assured consideration to countervail the same , she may not loose thereby , her Allies of France , ( the maried Ally of this Realm ) and other her Confederates ; That seeing they plead for Freedome of Conscience , she lists not to be bound up ; That for the Establishment thereof in the body of the Realm , she refers to the consent of Parliament , and in the mean time assures , that for Religion , on her part , none shall be disturbed . Secondly , She thinks it unreasonable to be defrauded of so great a part of the Crowns Patrimony , as to put the Patronage of Benefices , out of her own hands , and want Support ; but allows consideration of her own Necessity , and the Ministers Support . The rest in effect , she refers to Parliament . By the way from Saint Iohnst●n , to shew her inclination to the Kirk , being to Witness the Christening of the Lord Levinstons child , She gave her presence to the Protestant Sermon , which she never did before . And yet had she notice of some Conspiracy of the Kirk , upon which , divers were committed at Edenburgh . And being minded to mary , she prorogues the Parliament till September , and summons by Letters , such Lords and Gentlemen , that were neer , with Arms and Forces for fifteen daies to attend her person at Edenburgh the 23. of Iuly , and proclamation also for Free-holders in like manner ; then Ross was made Duke of Ro●hsay ; and the same day , the Banes and Mariage was concluded . Murray , both privately and publickly was advised to attend , but refusing , an Herald is sent , and after eight and forty hours , he was denounced Rebell , and put to the Horn , and Arguile also . And now begins Parties to stir , Athole against Arguile , Lindsey against Rothess ; the Lord Gourdon , after three years imprisonment in Dunbar , was released and restored , to be a Bar in the North to ballance with Murray . In the evening the Mariage was proclamed , By name Henry and Mary King and Queen of Scotland , and solemnized the next Morning , 27. Iuly 1565. Not without Divine providence , for the more certain conjunction of both Kingdomes in their right of Descension from Margarite ( the eldest Daughter to Henry 7. of England ) who had but two children , Iames the fifth , by Iames the fourth , and Margarite Dowglas , by Earl Angus , her second Husband . This Iames the fift , had but one Child , Mary , sole Heir to the Crown ; Margarite Dowglas brought up with her Uncle Henry 8. maried Stuart Earl of Lennox , who was banished into England , by them came Henry Lord Darly , and Charles , father to Arabella . So that the whole right of Q. Margarite ( all other issue of H. 8. failing ) was united in these . The Earl Rothess , the Laird Grange , and Pilcar , with others of Fife , were put to the Horn , for not appearing , and immediately the Drums beat , for men of War , to take pay for the King and Queen , which alteration begat several fears . The Lords disperse to Arguile , and send Elphinston into England for support , who brought ten thousand pound Sterling . And in August the Lords meet at Ayre ; Hamilton , Arguile , Murray , Glencarn , Rothess , Boyd , Uchiltry , and Others , conclude to be in force the 24. of August ; which the King prevented , by hasty proclamation of their rebellion , and commanding all men to appear at Lithgow the same day . Upon the ninth of August ( being Sunday ) the King comes to the High Kirk at Edenburgh , and hears Knox preach , who speaks against Government of wicked Princes , and for the sins of the people God gives them Boyes and Women ; Iustly punishing Ahab for not ordering the Harlot Jezabell . Immediately Knox was summoned before the Council , and silenced for twenty daies ; and Cragg to supply his place . The 25. of August the King and Queen journied to Glasgow , and the next day the Lords met at Paisley , with a thousand Horse , and march to Hamilton , keeping the passes in sight of the King and Queen , and so to Edenburgh , entering the Town , notwithstanding the Canon-shot of the Castle ; and immediately beat their Drum , and offered pay , for Defence of God ( as they called it ) but to Men or Arms came to their Support ; and that was strange , for all the chief Lords were there , the Duke , Murray , Arguile , Glencarn , Rothess , Boyd , Uchiltry , and other Barons . They write expostulatory Letters to the King and Queen , without answer , who martch with five thousand men ; Lenox had the Van , Morton the Battel , and the King and Queen the Rere , and come immediately towards Edenburgh . In the mean time the Castle makes six shot of Canon , and the next day the Lords depart to Hamilton . The King & Queen pass to Sterlin , and command all to return to Glasgow , where remaining four daies ( the Lords being gone to Dunfres ) they return again to Sterlin , their Army increasing both Horse and Foot , and so to Fife , where the Lords subscribe , to defend the King and Queen against the English and Rebells , and so come to Saint Andrews , where the King summons the Lords by Name to appear within six daies , which they refusing , are put to the Horn ; and being come to Edenburgh , they proclame , The design of the Lords , under pretence of Religion , to suppress the present Government , or to appoint Counsel of their own . In October the Super-Intendent of Lothian , with the whole Ministery under his Charge , meet at Edenburgh , present a supplication to their Majesties , by their Super-Intendents , Spotswood and Lindsay , for payment of their Stipends , which is promised to be paid . The Lords removed to Carlisle , the King and Queen march from Edenburgh the 8. of October towards Dunfres , mustering 18000. men , and marching up and down , return to Edenburgh . The most of these Lords being of the Religion , and called The Lords of the Congregation , fled into England to the Earl of Bedford , Lieutenant of Berwick ; from thence Murray posts to London , but leaves the Lords at Newcastle . He was much mistaken , for the Queen , with great sute ere she affords him audience , demanding , how he , being a Rebel to her Sister , dares thus boldly take protection in her Realm , denies to support him , or any his Confederate Companions . However , after Murrays departure , she sent them aid , and writ in their favour to the Queen . Upon this Rebellion , divers of the Kirk party , fled also , as ingaged therein , and those remaining were in some fear . Iohn Knox , stiling them absent , the best and goodlyest part of all the Nobility , chief Members of the Government , alwaies praying for them in publique , and reviling those that appeared for the King , even in the presence of all the Council . In November all those Lords in Rebellion were summoned against the fourth of February , for Treason , and not appearing , the Queen publiquely declared her Defence , and Maintenance of the Catholiques , and sundry Lords , and others , went openly to Mass. At last the banisht Lords humbled themselves for the King and Queens favour . The Duke and his Friends at Newcastle in England , by mediation of the Abbot of Kilcunning , had pardon upon condition to depart into France , which he did . The 25. Decemb. the Commissioners of the Churches for the general Assembly convene in Edenburgh , and conclude , That notwithstanding the Acts of Parlament and Proclamations , the Masse and Papistry was maintained , and new Collectors being put in , forbidding allowances to the Ministery , in great want . In these they resolved to have relief . The Catholiques for themselves supplicate also , for publique use of their Religion , which was granted , and they offered the dispute , being backed by the King and his Faction , all Papists , together with the power of Rizio an Italian favourite , under title of the French Secretary ; and yet these Lords now at Court were divided , Morton , Mar , and Lethington , against Huntley and Bothwell . And again the General Assembly meet at Edenburgh , and order a publique Fast throughout all the reformed Churches ; the manner devised by Knox , and printed , which is the first method of that kind that we read of in Scotland . So thereupon followed the effects , Supplication to the Queen for Regulation of the means ordained for Support of the Ministery . Spotswood , Row , and Lindsey present their case . And the Queen answered , that the fault was in their own Officer and Controller , Pittarrow , who medled with the thirds ; and so the Ministers and Assembly departed to their Residencies . In Ianuary arrives ( through England ) Monsieur Rambullet , Embassadour from France , with 40. horse his Train , who brought to the King the Order of Saint Michael , ( the Scots call it the Cockle-shell ) and at this Ceremony of investing , the Heraulds were in some disorder to devise Arms for the Kings bearing ; The Arms of Scotland were not allowed ; seeing the Parliament denied him the Crown Matrimonial , he could have no other , but as Earl and Duke , the Queen bidding them allow him no more than his Due . Her love becomes cold , for she began to set her Name before His , and not long af●er to leave him out of all writings . And because of some necessary use of his Signet alone , It was advised out of his hand , and trusted to Rizio . And now at Edenburgh , the Court busie about the Attainder of some of the banished Lords , not submitting , which by reason of dissenting parties was staied , and more particular occasioned by the Murther of Rizio . This Italian ( or Piedmontoise ) a Musitian by Profession , but by his Wit and cunning got to be Secretary to the Queen for French , as Mettallan was of State ; who for envy to him , and love to Rizio's Enemy ) plotted revenge with Morton , and Lord Herris , to be rid of Rizio , by any way : but Morton refused . Then he insinuates with Rizio , and tells him , that the Office of Chancelour being in Morton , a man unlearned in Letters , or Laws , was only protected by the Queens favor ; which if by his means withdrawn , his Office might be soon surrendred to Rizio , and he made capable thereof , by being free Denizon , and naturalized . Hereupon Mortons Castle of Tantallon was summoned into the Kings hand , who enters as heir to his Grand-father the Earl of Angus . Rizio is designed Earl , and money offered for Melvin Castle ; with the like increase of Favour , neglects his duty to the King , and draws on his own Death , now concluded by George Dowglas an active man , the Lord Lindsey , Lord Ruthen , and the Earl of Lennox the Kings Father . Rizio suspects , and keeps Guard of 50. Halberds . Then they adjoin the E. Morton , hardly drawn thereto , until his right to the Earldom of Augus was restored , and further capitulates by Articles , That Religion should be re-established , as before the Queen returned out of France ; The banished Lords to be restored ; And the fact to be owned by the King , who signed hereto . Lenox posts into England to the Lords , and brings them neerer the Borders . The Confederates , and Morton , with strength and secrecie , seizes the keys of the Palace , leaves some forces in the Inner Court below , to surprize such Lords as were not of the plot , and staies in the presence . The King , with Ruthen and five more , went up the back-stairs to the Queen at Supper , waited on by the Countess Arguile , Rizio , and some Servants ; She was amazed to see them armed ; Ruthen fastens upon Rizio , tells him a meaner place became him ; who ran to the Queen , and clasping her , the King gently takes the Queen in his Arms , and saies , He is resolved to punish the Villain for his abuse to the Countrey , and so delivers him to Ruthen , who carries him down to Morton . Bothwell and Huntley raise the Court , but are beaten back by the Guard , and forced to fly . Metallan , who though chief in this design , supped with Athole to keep him in , and himself from mistrust , but his Servants were in the fray , which scuffling below was suspected above , as a Rescue for Rizio , and so they suddenly stab'd him with Daggers . The South●aiers had warned him of the Bastard , which he interpreted to be Murray ; but it was George Dowglas who was a bastard . These Murtherers at the first had proposed to hang him , and had Halters for that purpose , but in hast they stabb'd him with 53. wounds . Bothwell and Huntley came in to the Close , but soon had their arrand to begon or to taste the same sauce . Rizio had ambitiously managed the most affairs with pride , beyond the equipage of the King , and was designed this Parliament to be Chancelour , which made those Lords in envy to be his Enemies , and forced the King , and his Father to sign to his Death . Rizio had advice of this by the French Priest Dannet , but his fate was unavoidable , which the Queen some time resented with tears , threatning revenge , which to avoid they fly to England , where Ruthen dies . The Noise hereof in the Town , caused the Provost to ring the Common Bell ( or sonner le Tocsen , as the French speak ) assembling 500. and come up to the Court , but the King told them , all was well . The King , to strengthen himself after this Action , inclined to the Religion , and subscribed to a Proclamation , that all Bishops , Abbats , and other Papists , should avoid the Town , which they did ; and commands the Provost , and those of Lieth and Conogate , to be in arms , with advice also to other Lords to hasten to him with force . And now comes Murray , and other banished Lords being sent for ( as the Covenant against Rizio was subscribed ) convoyed by Hume with 1000. horse ; The Earls Cathness , Athole , Sutherland , with all the Bishops being departed the Town ; In comes the other new faction of Lords , and in Council advise the Queen to be satisfied with Rizio's death , and take it as good service ; the Queen dissembling her passion , got the remove of all the men in Arms out of the Court ; and so with some domestiques in the night drew the easy King to fly with her to Dunbar , sending for all the Lords to attend in five daies . The Religion , by these factions ever-more get advantage , which otherwise this Parliament now sitting might have lessned , being most Papists , for a dozen wooden Altars , were prepared , to be set up in St. Giles Church . The Queen , now assisted with Bothwell , Huntley , and others , with Proclamation before them , march with a thousand back to Edenburgh , from whence the united Lords ( but divided in opinions ) depart and disperse , and Knox we easily believe was not left behind . And much troubled were he and his , that the King by his Proclamation , now excused himself from the Murther of Rizio , who offended all men ( their own words ) the fact being done for his Honour , if he had wisdome to see it , and so lost his Credit and Friends by his Inconstancy : and tr●ly it was rumoured , and some writ so , that Knox had a hand in it . Divers Lords were put to the Horn , their Lands escheated , and many of them executed , but Arguile and Murray received into favour , and both factions somewhat pieced and reconciled . The King and his Father neglected , and Bothwell preferred very highly . The Ministers Supplicate for their Stipends , complaining very humbly ( not usual ) of the Officers and Collectors , and for redress , desire Mandatory Letters for Restitution , and to stop it in the Queens Exchequer till farther Order . In all she promised very gratious relief . The 19. of Iune 1566. the Queen at Edenburgh was delivered of a Son , with exceeding joy , and great happiness to all the Kingdome , and the several assemblies followed , assisted by Murray and Arguile , wherein Paul Messans formerly excommunicate about his Bastard , as aforesaid , and now returned out of England , was to be received into the Church again . Knox invited him home , and presuming of his free pardon , and forgiveness , sent his Apostolique Letters to accompany him to the Assembly , and tells them in the words of St. Paul ( concerning the excommunicate incestuous person ▪ ) It is sufficient that he was rebuked of many &c. For this cause I write , that I might know your obedience in all things ; and to whom you forgive , I forgive also &c. But notwithstanding this Apostolick Command , his Repentance is prescribed , much like a Penance ; Presenting himself in Sackcloth , bare of Bonnet , and bare of Shoon for an hour , at the Entry of Saint Giles Church in Edenburgh , at seven hours in the Morn , till Prayers , psalm and Text , and then upon the Stool all Sermon : and so for three several Church-daies , and confesses his Repentance . And in this manner also in Iedwart and Dundee ; which after all performed , and received a Repentant , He complaining of this rigour and shame , without taking leave of any , retires back again into England . The Bishop of Galloway , the Earl of Huntleys Brother , being called to Council , could not brook his former title of Super-Intendent , as he was stiled , and thereof formerly well pleased , but must be called Bishop of Galloway . In August , one Harris , that had been of the Queens Chapel , but lately of the reformed Religion , and got into E. Ruthens service , having acted in the Murther of Rizio , was thereof convict , hanged and quartered . The King condemned of all , and neglected of the Queen , wrote to the Pope , and to Spain , complaining of the Queens ill Government of the Catholiques , which she intercepted , and resented to his ruin . For Bothwel to bring on his Design aimed to be Principal , and to effect his Greatness , thought good to procure Morton to be called home ( but not to Court ) where he might look on , and not be seen , free from fear and danger , and though a Kins-man to the King , yet his Power was lessened to nothing . Most writers complain of these times , and some of them , like Noahs blessed Sons , overspread with the Mantle of silence the nakedness of these unnatural actions , of such , as we ought to ow duty and piety unto , pittying the Errors of Princes . Their excellent endowments of Nature and Morality , not to be exampled , and yet Shipwrackt in mis-governing . I cannot search into all the Causes , which drew on these lamentable events , Secret Lothings in Wedlock , which who knows , but the Actors ; dislike , hatred , freedom , revenge ; seconded with false shews of Reason , and Colour of Law and Justice , what will it not do ? Her Husband had dragged Rizio from her affection , and favour , to death . He was not crowned , but made publique by Her Proclamation , not acknowledged by Parliament , and in law but a Private Man , and her Subject , and so lyable to judgment . But his powerful kindred and Friends , prevent that attempt . Secret Justice is Justice ; formalities are for common Causes ; and the Princes power may dispence with forms in case of necessity or convenience , and so he became an object of wicked mens malice . And now had Knox procured , though heretofore he cunningly refused , as fearing prevention or false play , when now not overlooked , he to his purpose got the Churches of Geneva , Bern , and Basil , with others , reformed in Germany and France , to send to the Kirk of Scotland the sum of their several Confessions of faith , he alleging the dissonant opinions of Scotland ; which occasioned an Assembly of Knox and his Confidents , who having a confused irregulation , without any positive Articles , concluded as the most cunning way to assent to all without exceptions , and so returned answer ; as if in Spirit to jump in faith and discipline , who never could agree amongst themselves in either . At this time ( the Kirks saies so ) Bothwell was wounded in chace of the Theeves at Liddisdale , whom the Queen visited , and thereof in grief , took sickness in extremity ; but say they by binding Cords about her shacle bones , knees and great Toes ( a pretty cure for our Mountebanks , It seems an od fit of the Mother ) she revived , prayed in English , and commends the cause of the Catholiques to Murray and Bothwell , whom she assigned Regents . The King posts from Sterling to the Queen at Iedburgh , where he found Her somewhat convalesced ( saies the Church-men ) but scarce would speak to him ; who immediately returns to Sterlin , where the Prince was , and so to his Father at Glasgow . She being recovered , took pleasure to visit Bothwell , who was brought in a Litter to her , and cured ; and afterwards she progressed to the Borders neer Barwick , which she viewed within half a Mile , the Governor discharging the Ordnance for her honor , and offered her his lawful Service , visiting her in excellent Equipage . The Borderers are the Inhabitants of both Nations ; Men of War , Subtile , Nimble , Experienced , Adventurous in arms ; comprehended by the East , Middle , and West , but bounded and limitted , as the Success of War gives distance , neer or farther off . Continual fewd between either for three hundred years . Aut Bellum inter eos populos , aut belli praeparatio , aut Infida pax fuit . A Custome there is amongst all , never to believe a complaint against any , unless one of his own Countrey-men will witness it also , according to that of Cambden , Nulla nisi Scotus in Scotum ; Nullus nisi Anglus in Anglum testis admittitur . which seldom happens , and so they sight it out . And these were Receivers of Fugitives of both Nations , as their Crimes or Ne●essities required protection or pardon ; Indifferent Subjects to either Nation , or rather acknowledging no Soveraign . Over these people either Kingdome had their three several Governours to rule them by force . The Baptism of the Prince was solemni●'d at Sterlin by the B. of S. Andrews ▪ at five a clock after-noon , Decem. 17. 1566. after the manner of the Protestant Churches , and christned Iames , the Witnesses were the Earl of Bedford , then Governor of Berwick , for the Queen of England ; the Count de Briance for Charles the French King , and an Ambassadour for Philbert Duke of Savoy . The Queen of Englands Present a Font of pure Gold , valued three thousand Crowns , though she grieved in heart to hear her Rival prevent her in the honour of a Mother . The King belike , knowing the English Ambassadours Charge not to salute him King , was not present at these Solemnities , nor required , but kept his Chamber ; His Father sends to him to repair to Glasgow , which he did , without adiew to any , and not a Mile on his way , but he felt pa●gs in his Stomach , and at Glasgow blistered blewish ; which the Physicians suspecting , with their Antidotes , and his Fresh Youth , he recovered . The Earl of Bedford had in Commission to compound the differences Domestique of the Court , between King and Queen ; and for them to forbear the bearing the Arms of England quartered with Scotland , and to ratifie the old Treaty at Edenburgh . The last she refused , as in some particulars derogate from the right of her Issue to the Crown of England . The Queen in this Christening Triumph , congratulates all Suters , the Kirk put in , and had what they desired ; Subscription to their Maintenance , out of the thirds of Benefices , and presented by the Bishop of Galloway to the Assembly , when having got their ends , their Stomachs were yet squemish , for the Collections ( which granted but of Grace ) themselves to gather , pretending , That it was their part to preach to the People , and to expect from them maintenance necessary , as of duty the Pastor to pray , might crave of his flock to pay , and farther for them to have no care ; and also , seeing the Tythes were onely for the Ministery , they required the Protestants should keep them in their own hands , and be so accountable unto them , and not to permit the Papists to meddle therein . So at one blow they meant to acquit the Papists of their Portion . It was observed , how soon those Men stand upon terms , and by creeping into the people , begin now to give Law to their Benefactors . And now also , they thunder Excommunications for trivial Offences , deny the Communion to whom they or the Godly party are displeased withall ; And though an Offender , repentant , and done his Penance , yet he must stay from the Sacrament , till the Minister saies , that he is penitent enough , that is , when he thinks fit , as he likes the party ; If not , they are all , Father , Mother and Daughter , called into Disciplinarian Consistory , a place of Criminal Infamy . And although the Lay had place therein to judge , yet the Kirk did all , and more than ever any Bishops Spiritual Jurisdiction ; and the Magistrates Power and Office was only to effect the Forms of the others censure , and be their Executioners . And of all , they had procured the Queens consent at Sterlin : Nay more , they obtained for every Borough , a douation of Altarage , Annalls , and Obites , which alwaies heretofore were due to the Papists , but now to be disposed for maintenance of the Ministery , without stickling at these Abominations . And how ingratefully they acknowledged the Queens bounty , they divulging , that she intending revenge against the King , stroke in with the Kirk , lest they might disquiet her designs and affection to Bothwell ; who also for the favours and countenance that he received in England , was much their friend . And thus heightned , they take upon them to write to the Bishops and Pastors of England , who profess with us ( say they ) the truth of Jesus Christ. Taking knowledge that divers Brethren , the most learned ( no doubt ) in England , are deprived Ec●lesiastical function , for not using S●perstitious and Idolatrous Vestments ; urging the Apostolick Argument , To do , as to be done unto , insisting much upon the tenderness of scrupulous Consciences , and that the Brethren , that use not those Raggs , neglect not you that do , and so conclude , not to rend Christs Garments for trifles . But they have sithence learned other language , and practice worser usage , blood and death , who follow not therein all things of their discipline . The Bishops reformed were as busie on their parts , not to be presbytered in their own Jurisdictions ; and procure to be obeyed in all such cases , as before , in the time of Popery were used in the Consistory , and therefore to discharge the Commissioners ; for it was now conceived the best policy in the Queen , not to deny either of them , especially where they might cross and quarrel themselves . The King reasonable well recovered of his drench , was visited by the Queen at Glasgow , and brought him and his Father to Edenburgh , lodging him neer the Court , in a conveniency from noise , and proper for his health ; where she often visited him ; and lay in bed with him ; but returning to her Palace , the 9th . of February in the 21th . year of his age , 1566. the King was , say some , strangled in his Bed , at Midnight , and one Servant that watched with him , the House blown up with Gun-powder , his body was found the next morning in a Garden , without the Town Wall , and without any mark of fire . Bothwell , with some others , by warrant , caused the body to be viewed by the Chirurgions , at the Q. command , and buried in the Abby . This end had Henry Stuart , 18. Moneths a King. He was a Prince of high extract by Father and Mother . His Character sans-parel ; comely , tall , ingenious and liberal ; fitted for all Excellencies of mind and body , if time had lent him experience . He had a quick wit , and writ well , and because he was a King , Covert-barn , and meddled the less , he had the more leisure to hunt and hawk , and ride great Horses , and therein the Mastery . His vices were thereafter ; Greatness and Ease made him feed high , and those brought him to Incontinency , though the Queen was beautiful and young enough for a Princess . Such neglects of his , by the Designs of others , hastened his ruine , who took boldness thereby to work their own ends , without the least Guilt of the Queen . This is the report of some , yet others give as a Story . For the Ministers in hate to the Queen ( who truly it appears did much for them in the case of Policy , and their immerits ) tells us that by Bothwels direction , Sir Iames and Gilbert Balfores , Chalmers , Spency , Sebastian , Iohn de Bourdeaux , and Ioseph brother to Rizio , Domestiques of the Queen , and Strangers of all Nations , were the men that were Actors in the Murther ; Bothwell being in hope to succeed him , in case the Divorce from his Wife should come timely from the Pope , which his hast could not stay for ; and easie enough it was to infuse this into honest Lenox , who supplicates the Queen for tryal of Bothwell by Assize , before the Earl of Caithness President , the Earl Cassiles , and other Peers , fourteen in all ; who cleered Bothwel , and this was dispatched for satisfaction of the Commissioners of the Christned Prince , and their Soveraigns . But Bothwell follows the Queen in her visit of the Prince at Sterlin , from whence he carries her to Dunbar , and for which violence he gets a general pardon , and so includes that of the King , if it should farther burst out . There was no let to the Queens affection but Bothwels Wife , from whom he was soon divorced , and both content ; for She made the first hasty second mariage with the Earl of Sunderland , and he , after the banes publiquely asked by Crage the Minister , was married to the Q. May 15. 1567. ( Mala nubunt Mense Maio ) by the Bishop of Orkenay . And truly compare all those which have writ of this Queen , several Authors , and in several Languages ( for all are partial ) we may yet pick out truth , concerning her Husbands , and her hasty mariages , in their proper stories . That Morton , and Murray , and many others besides , plotted the Murther of the late King , upon Malice , Ambition , and Revenge ; Each of them by several Interests . But Bothwell got the best Bone , and they their Bones . Indeed they also herein murthered the honour of their Mistress , for she seemed a Property , whirled about with every wind , which they sailed by . Buchanan speaks much of this matter in a worser way , and payes the Queen to the Purpose in his History ; as also in his Pamphlet , The Detection ; Both which were condemned in Parliament ; and of them both he repented , Wishing that his blood might expiate those his Falsities and Impieties . Udal hath more of it in her excuse , and if not partial , take him , who afterwards writ to K. Iames. Or if you please , take our relation who write the neerest of truth than can be gathered , and thus it was . Sir Roger Aston an English-man ( and preferred in Court by the Earl of Dunbar ) lodging in the Kings Chamber that night of his Murther ; Both of them smelt the fire of a Match , which caused them hastily to leap out of their Beds , and out at a window into the Garden ; the King had his Sword in his hand , and suspecting Treason , as also hazard of the young Prince , hastily commanded Aston to speed thither and prevent his danger , whilst himself single was seized upon by divers , and wounded to death , and so left in the Garden ; and to colour it , the House was blown up with Gun-powder , but the Kings body not scorched by any fire , was viewed , and found to be slain by such , as so ordered the secrecy , as not in those daies to be divulged . And this Tale was told by Aston himself , since he came into England with K. Iames. But that I may unfold the Mistery of these late Murthers , and how the Queen was involved into future suspition , by her hasty Mariages , I shall open Murrays subtilty to be the chief Author and Actor in all . The slaughter of Rizio ( not long ago ) gave security , in that time of distraction at Court , for Murray boldly to appear before the Commissioners , upon his Indictment of Rebellion , the very next day after the Tumult , and so no Accusation came against him , the Murther being hastned for that purpose , The Queen therefore ( through the Kings intercession ) receives him ; her self in such Distraction , conceived it the safest way to depend on his Brotherly ( base ) Counsel . The King very sensible of his own Accessary in Rizio's death , and deluded by the Cunning contrivance of Morton and Murray , His youth and easiness of belief giving way , Now repents of that rashness , implores the Queens clemency , and ingenuously reveals to her the Villany of them all , with resolution to be revenged . And seeing the Bastards power and interest in Affairs of State , equal , if not before , His , advises with others to remove him farther off ; Murray hath intelligence of all , and , under shadow of outward duty , thought of nothing more than to ruin him . Of which he acquaints Morton by Message into England , who was conveyed thither upon Rizio's murder . Some difference between the King and Queen gave the advantage ; for by their former villany ; they animate him to strain upon the Rights of Soveraignty , to his face , which covertly they opposed to the Queen , and alwaies after he had done a miss , to leave him in the lurch . And finding the good nature of the King likely to comply into affection with the Queen , and to be reconciled together . To prevent them Murray draws in Bothwel to the Confederacy with these murtherers , who though fled , acted in all Councils . And so Bothwel must be reconciled to Murray , and brought into grace with the Queen . Contracting under hands and seals , and bound with Oaths , That the King being laid aside , he advanced , the Queen distrusted by the Peers , and so the rule of Regency in Murray . Upon this Conspiracy , the Bastard conveys himself slyly out of the way , but twelve hours before the King was murthered ; and in hurray of affairs returns to Court , and altogether they advise ( nay compel ) or threaten the Poor Queen to mary Bothwell , who they present , as nobly born , bold and faithful to the State , against all assaults of the English , to prevent the Tumults of the time , and hazard to all . If not , they would purchase their own security , by any otherwaies , how prejudicial soever to her safety , which at last , she was forced to consent unto . And this Relation was confirmed under the hands of the Earls of Huntley and Arguile , and sent to Q. Eliz. as an undeniable Truth , dated Decem. 1567. which I have seen . Hereupon the Confederates to acquit Bothwell of the Murder , consent to the general apprehending all such as were suspected ; and Bothwel in particular accused by the Earl of Lenox the late Kings Father ; his Case is pleaded by Morton , and he cleered by Sentence of the Judges . And now Bothwell fitted with honour to a capacity of Mariage , the Confederates gaining many Lords to their design , set their hands to an Instrument for that purpose , and altogether implore the Queen to mary Bothwell , which being done , and their turns served ; Then they increase a violent suspition , and vent it abroad of the Queens guilt and consent with Bothwell , and so conspire her deposing , and his distruction . Murray most suspected for the great Villany which followed , intreats for leave to travel into France , as weary of these Disquiets , and to colour his knavery commits his whole Estate in trust to the Queen and Bothwell . No sooner gone , but all the Confederates take Arms , publishing , That Bothwell , now Duke of Orkney , intended to surprize the Prince , and captivate the Queen , who get forces and proclame them Rebels , and march to Seaton , and thereabout . The Armies face each other of equal strength . The French Embassadour . mediates for Peace , but to no purpose , and so retires into Edenburgh . The Lords , to add Justice to their Cause , which seemed hor●id against their Comfortless and distressed Queen , satisfie the people , that were racked into fears and jealousies how to distinguish these distempers in State. They caused therefore their Ensigns with this device . The late King wounded and dead , the Prince James kneeling by , his hands heaved up towards Heaven , with part of the Psalm ; Iudge and revenge my Cause O Lord. Then out comes Bothwel , and , to avoid the blood of many , offers his own in combate against any . Iames Murray the younger Brother , accepts the Challenge , but he is refused as not equal in honour . The elder Brother , William Laird of Tyllyburn and then Lord Lindsey , desired the Combate . To whom Morton sends the warlike Sword of Earl Archibald ( commonly called Bell the Cat ) and a Buckler ; with these he presents himself between the Armies ; and Bothwel there before . But the Queen forbad them . In fine , the Lords increasing numbers , being neer home , Edenburgh and the Hamiltons failing the Queens forces , Bothwel takes time to fly ( being under-hand advised by Morton , his pretended back-friend ) which he did least if taken Prisoner , he might be to unravel all these Treacheries . And now absent , it would increase belief of his and the Queens guilt , in the late Murther of the King. He gone , and ●he worsted in fight , and without any defence , renders her self into Edenburgh Castle for thatnight ; and the next day she is carried Prisoner to a Castle in the Isle of Lochlevin , under the strickt custody of Murrays Mother , the Harlot of Iames 5. insulting over the poor imprisoned ; boasting her self the lawful Wife of Iames 5. and her Son to be his lawful Off-spring . Both●ell under hand sends to Balfore , Governor of the Castle for a Silver Cabinet of the Q. which was delivered to the Messenger , but discovered to the Lords , who surprized it , and so the secret Letters opened all their actions . In this hurray of affairs , the Ministers never idle , break down the Abbies , and all the figures of painting and sculpture in the rich Chapel of Holy-rood . At last comes the Hamiltons , with forces in sight of Edenburgh , to recover all , assisted with Arguile , the Earls of Huntley , Caithness , Rothess , Crawford , and 15. Lords , besides others of Ge●try . The other Lords move the general Assembly of Mini●ters now ( as alwaies in uprores ) convened in Iune , to write to the Enemy . And besides those Letters , who more busie to accompany them , and go on the Errand but the Ministery , that mean● nothing less than peace . Knox , Dowglas , Roe , and Crage , making such demands for themselves , and more maintenance for the Ministery , That the Cure would be far worser than the Disease . These Peace-making Ambassadors , but more military minded , return with their message , bad enough to be bid welcom , which they also heighten for their own purpose and join altogether in 8. Articles . That the former Parliament , 24. of August 1560. and all the Acts for Religion should be made good , and defended as lawful . That the thirds of Tyths , and larger proportion of Benefices for the Ministers . For reception of youths into Schools and Universities by probate to be reformed . Crimes against God to be punished . The Murther of the King to be prosecuted . The Prince protected . The Covenant promoted , Popery suppressed by arms , if need were . That all successive Kings and Princes at Coronation to be sworn to the Religion . Queen Elizabeth detesting these unbridled insolencies of Subjects ( whom she termed , Perfidious , Ingrateful , Cruel Rebels ) sends Sir Nicholas Throgmorton to expostulate with the Confederates , to restore the Queen from imprisonment , and preserve the Prince into England . They all assemble ( Rebels seldom consent in unanimity ) but resolve Not to admit Ambassadours of England , nor Le Croc. and Ville du Roy out of France , to see the Queen . Lethington the cunning Secretary , and his faction ; advise for her restoring ; he Murther of the King to be answered ; the Prince provided for ; Bothwel divorced and Religion published . Others would banish her perpetually into England or France , and those Princes to undertake her Renunciation of Regency to her Son , and certain Lords . Others are for her Tryal , Condemnation and perpetual custody , and to set up her Son. The last , and most villains , would have her deprived of Princely Authority , life and all ; and this Kno● and other Ministe●s thundered out in Pulpits . Throgmorton disputes her Cause , alleging what the Word of God , and all National Lawes do decree , concerning the sacred power of Soveraigns , and earthly duty of Subjects . They reply with Buchanans damnable doctrine , de Iu●e regni apud Scot●s , Murray and he , Contrivers of that Tractate ( contrary to the whole Histories of Scotland ) to create and depose their Princes . They excuse their non-admission of the English Ambassadours address to Her , with the denying of the French , who seemed to be satisfied ; And in conclusion , frame a Declaration in writing , without subscription of any , which they exhibite to Throgmorton in answer of all . In effect , To no other intent they shut her up , but to sequester her from Bothwels person , whom they pretend she dotes upon , to their r●in , and so whilst she cools towards him , her anger may abate from them ; with which result and no more , he takes leave , and returns home to England . They work upon her restraint and miserable Imprisonment ; first , in fair way to resign her Regency ; and to incline her , they loosen her to a little freedom , the better to shew her the means to escape away ; but increasing threats if she refuse , to arraign her for Incontinency , Murther and Tyranny . At last they compel her to set her hand unto three Instruments . To resign her Crown and Royal Dignitie to her Son , scarce 13. moneths old . Murray to be called home to be Vice-gerent , and if he refuse , then To these Rectors , Iames Duke of Castle-herault , Gilespich Earl of Arguile , Matthew Earl of Lennox , Iohn Earl of Athole , Iames Earl Morton , Alexander Earl of Glencarn , and Iohn Earl of Mar. And this she did , as extorted in Prison , which were publisht and proclamed the 19. of Iuly 1567. and 5 daies after the Prince crowned at Sterlin , at thirteen Moneths and eight daies old . The Royal , ●ow much soever infant ( being due to him at his Birth ) is furrogated into the Throne of his deceased Ancestors , and Morton and Hume take Oath for the King ; Solemnities and Paction , by stipulation and Coronation , do but shew him to the people , not make the Soveraign ; and so by these pledges of their faith , knit affections together ; for the Ceremonies of his Coronation , due from his birth , though prorogued for a while , did not derogate from his Right , and Regal Authority . And Knox knockt out the Sermon . Murray is sent for , and returns out of France , and August 20. accepts the Regency . And because very lately , we mentioned Bothwells challenge for combate . In this void time and place we shall say something concerning Combates . It was usual in all parts of Christendo●e , where differences could no otherwise be decided , the party was allowed his purgation , By Oath , or otherwise per dquam can●entem , ferrum ign●um ; or duellum vulgare . The Northern Saxons and Normans brought it amongst us ; and so continued whilst we were barbarous , but afterwards condemned often by the See of Rome . Richard 1. gave leave for Turnaments ( for it had been done by licence , extrajudicial ) and so we had of them between Counties and Towns , It a quod pax terr●● nostr a non infringetur . As also , Vir is militaribus Com. Lincoln . And afterwards Redman , and his three Friends , Hastiludere , cum Halberton , & tribus sociis suis , Civit. Carliol . And it followed , to be very Ordinary , and too much frequent , till the Pope forbad it through all Christendom . Detestabiles nundinas , vel ferias , quas vulgo Torniamenta vocant &c. unde mortes hominum , et pericula animarum , s●pe conveniunt . The single Combat was also by legal process in Cases Criminal , in appeals of Treason , out of the Court Marshal , as between Essex and Montford in Henry 2. time . Audley and Chatterton , Rich. 2. For Murther or Robbery , it is , out of the Kings Bench , as you may read it , Modus faciendi Duellum . It hath been granted in Cases Civil out of the Marshalls Court about different bearing of Arms , as between Scroop and Citsil ; or otherwise , for Title of Land , as in Paramo●rs Case . But the more justifiable hath been used by sundry offers singly for saving blood-shed of many . Three of Our Kings severally challenged that tryal against the French King. And by Charles of Arragon , and Peter de Terracone for the Isle of Sicile ; and that was allowed of by Pope Martin and his College of Cardinals . But it was grown too Common , and so afterwards forbidden by Canon , between the Duke of Burgandy , and Duke of Gloucester . Being detestabile genus pugnae , omni divin● et ●●mano jure damnatum , et fidelibus interdictum , &c. Et qu●modo existimare quisquam potest rectum Iudicium ex Duello , In quo Inimicus veritatis , Diabolus dominatur ? The Regal Prerogative have sometime restrained that liberty in Martial Exercises , or private quarrels , and punished non-Conformists . Edward I. Publice fecit proclamari & inhiberi ne quis ( under loss of Lands and Goods ) either torneare , bordeare , aut Iustas facere , aventur as facere , &c. sine licentia Regali speciali . Nay , none to wear weapons , but the Kings Officers , and some few excepted . But more often to forbid single Combate , or to determine it , or take it up . Mawbray and Hereford , both banished . And when Aneste and Chatterton were ready to fight , Eandem querelam in Manum suam Rex recepit . That of Fitzthomas , being challenged by Sir William de Vessy , to have defamed the King by Words mentioned in a Schedule . Willielmus audita tenore Schedulae , dementitus est predicto Iohannem , dicendo . Mentitus est tanquam falsus , & pr●ditor , & denegavit omnia sibi imposita , & tradidit vadium in Manum Iusticiarii quo illud admisit . Et predict Iohannes advocavit omnia , & de●entitus est simul dicto Willielmum . This was done in Ireland , before the Kings Deputy there , but was adjorned into England before the King , and there adjudged void . Quia non sit citatus in Regno isto placitare in Curia Regis &c. Duellum co●ce●ere in pla●is de quibus cognitio ad curiam Regis non pertinet , contra legem & consuetudinem Regni . Igitur concordatum est quod processus totalitur adnulletur . Sundry punishments , in several Cases without licence . The Earl of Surrey fined a thousand Marks , pro quadam transgresione , in insultu facto , in Alanam de la Zouch . Inquisitio facta est , de omnibus tenementis & catallis Ro. Garvois , quia Insultum fecit & percussit Edwardum ( filium Willielmi ) or Williamson . Cromwell was challenged by Seagrave to fight in France ; Subjecting thereby ( ●aith the Record ) this Kingdome to that , was stopt in the way and tryed at the Kings bench . Et super hoc dominus Rex valens habere avisamentum Comitum Baronum Magnatum & aliorum de Concilio , &c. Qui omnes enim dicunt , quod hujusmodi factum meretur poenam amission is vitae . He was committed to the Tower , and long time unpardoned , His Second was fined two hundred Marks . Droomlenrig and Hempsfield , antient Noblemen of Scotland upon Suspition of Treason had leave to Combate at Holy-rood-house , armed like antient Palladines fought it out , till the King in presence parted them . Iames 5. We read of one in the time of Queen Elizabeth 1571. between Simon Low , and Iohn Ryme , Plaintiffs , against Thoma● Paramour Defendant . It was by Writ of Right for some Lands in the Isle of Tenet , in Com. Canc. and in issue at the Common-pleas . Paramour had his Champion , one George Thorn , who came to the Bar , flung his Gantlet into the Court , to approve the right of Paramour by single Combate , against any . One Henry Nayler , a Fencer , takes it up , to answer for the other Defendents . And in Tuttle Fields , by Westminster , the place appointed ; A Tent for the Lord Chief Iustice Dyer of the Common-pleas ; and other the Barons of that Court. The Tilt 60. foot square , railed in with Scaffolds round about for Spectators . Two Pavillions East and West , from one issues out Thorn apparell'd in red Sandals , upon his black Armour , bare legged , bare head , and bare arms to the Elbo , brought by the hand of Sir Ierome Bowes , who bore a red Baston of an ell long , tipt with horn , his Yeoman with an Ox-hide Target , and the Gantlet bore before them upon a Swords point . To oppose him enters the other , conducted by Sir Henry Cheyney , and both Combatants take Oath , to come fasting . But ready to encounter , the Demandant was missing , and so by default , the Chief Justice resites the Writ and former passages of challenge , and gives Judgement for the Tenant , and leaves the Demandant , and his Pledges , de prosequendo in impercordia Reginae , ●id . Dyer 30. Some preparations there were of late in King Iames time , intended between two Scotch men , the Lord Ree , and David Ramsey , in point of Treason ; but I know of no other policy , preventing the Tryal , than the doubtful effects to decide the question , by this way to find out truth . But because the matter hath been long laid aside , the manner thereof will not be amiss to preserve to Memory . The Ceremony was wont to be thus , when it was in Authority and use in the Earl Marshal or High-Constables Court. The Appellant exhibits his Bill in the High Court , Constable , or Marshal , and failing of his proofs , offers force of his own body , upon the Defendant . And the Constable ( as Vicar General in Arms , ( so saies my Author ) under the King , hath power to join issue in Battel , and within fourty daies after to appoint time and place . The Constable assigns them arms , being a Gantlet and short Sword , and Long Sword and Dagger ; They bring able pledges for appearance at the day , and for good behaviour to each other till then . The King names the Field , sixty foot long , and fourty foot broad , firm ground , and even listed about , by Order of the Marshall with Rails , with two Dores , East and West , seven foot high , and kept by the Serjeant at arms . At the day , the King sits on a Throne mounted , with two seats on each hand for the Constable and Marshall , at the foot of the Ascent ; who demand the Pledges , to render themselves to the King , or the Appellant and Defendant , to come in and make Oath . The Appellant comes on horse-back to the East dore , whom the Constable brings in , and demands his name , and why thus armed ; He answers I am A. B. Apellant , and demand Entry , to make proof of my intent against C. D. and to acquit my Pledges . The Constable takes off his Bever , and proclames him to be the Man , opens the door and bids him enter , with his Arms , Victuals , necessary Attendants , and Council , presents him to the King , and sets him on a Seat till the Defendants comming , and request being made , his Pledges are discharged . Then the King commands the Constable , who commands the Marshal , and he the Lieutenant , and he the Marshal of the Heraulds of the South ( if it be this side Trent , being the Marches of King Clarencieux ) or otherwise if it be Northward , then the Heraulds of Norris King of Heraulds there ) to call the Defendant thus . O yes , C. D. Defendant , Come to your Action , acquite your pledges in the presence of the King , Constable and Marshal , to defend your self against A. B. before three of the Clock after Noon ▪ He enters at the West dore in like manner . Their Appearance presently Registred in the Records of the Constables Court , with the order , time , horses , arms and attendants and their manner . Two Knights are assigned Observant to either Adversary , that they take no charm or spel , or other evil arts , till their Oath be taken , which the King commands the Constable to receive , and what other Protestations their Council shall advise ; If not , The Register saies ; you A. B. Appellant ; do you know this to be your Bill of Complaint exhibited in Court before the Constable , Swear to the Truth thereof in all points , and that you intend to prove the Contents thereof upon C. D. so ayde you God , and your Patron Saint ; and then proclaims , Thou A. B. thy Bill is such in all points , continue thy intent to prove it this day , so God help thee and hallowing . The Defendant C. D. in like manner , &c. Then the Appellant takes his second Oath , That he comes appointed with Arms , as was assigned without knife , or other sharp weapon , no stone or herb of virtue , charm or spell , of power or belief to be assisted , but only by God , and his own Body , and merits of his Cause . So God him help , &c. The Defendant swears the like . The Constable bids them both to take each other by the right hand , without violence , gently , and laying the left hand on the Book , He saies , I charge your A. B. that you use all advantages to force the Defendant to render himself into your hands , or to demand a Parley , or with your own hands to kill him , before you part out of the lists , by the light of the Sun , and age of the day assigned , by your Faith , and so God help you . The like by the Defendant . Then O Yes . The Herauld pronounces ; In the Kings name , That no person approach within four foot of the List , keep silence , give no sign by Countenance , or otherwise , to advantage either , upon pain of life and member , and loss of Chattel . The King of Arms and Heraulds , are assigned to Minister unto them , to eat or drink of what they brought with them , asking leave of each other . Within the Lists , are admitted a Knight , two Esquires of the Constables Train , and the Lieutenant ; also a Knight , and two Esquires of the Marshals , being all in Armour , with Launces unbarbed to part the Combatants at his Majesties pleasure , and these lying flat on the Ground at each side of the List , only the Constables Lieutenant and the Marshals standing . At the instant of the Kings Direction , the Constable shall say , Let them go , Let them go ; The Appellant advancing upon the Defendant , the Constable stands ready at the Kings pleasure , whilest they fight , viz. to stop , take breath , or otherwise , neither of them ingaged in advantage . They may not whisper ; In case of Tr●as●n the convict shall be disarmed by command of the Constable , one corner of the List to be broken down , his body dragged at a horse-tail to the block of Execution , to be beheaded or hanged on the Gallowes ; the Marshall to see Execution . But in cases of particular interests , he shall not be drag'd , but shall be thrown over the lists , and lose the penalty of the Lands or honor in question . The vanquished forfeits his Horse and Arms , and all which he brought into the Field with him , unto the Constable , as his Fee. The Lists , Rails , Seats , &c. to the Marshal . If the Combate be withdrawn by Command , or perswa●ion of the King , and both content ( else not ) they shall be led out together by the Constable , and proclamation made thereof , with equal honor to them both . I have read of such a duel Combate , before the King of France , between Robert le Blanch , and Le●●● le Force , in a case of Treason ; Blan●h the Appellant grapples le Force , and casts him down ; sets his left foot upon the others stomack , holding up his right hand , with his sword by the Hilt , his left hand within a foot of the point , and therewith presently he meant to ●tab him : but to add more strength , his right foot was somewhat raised from the ground ; when instantly the King cryed , Hold , hold , casting his Truncheon , to part them . Wherea● le Force , nimbly leapt up , without hurt . The King , being willing to preserve le Forces life , ●ot with any good affection ( for he supposed him guilty ) but for the future examination of Con●●deracy ; Yet he adjudged him ●anquished , which the Defendant ●tterly denied , and craved Iudgement of the Con●table and Marshal , who had a pre●●y way to save the Kings honour , and yet to do Justice . Their sentence therefore was , that le Force should be prostrate to the fatal stroke as before , and the Apellant ; with all his former advantage and form of postures , and so they did . When le Fo●●e with nimble strength li●ted up Blanch his right foot , which 〈◊〉 him down , skipt up 〈◊〉 , and stab'd the other to the Heart . And forthwith k●eeled to the King , told him , That 〈◊〉 the Assistance of his Patron Saint , the merit of 〈…〉 event of th● legal Tr●al , which he in Hono●r would not ref●se ▪ Yet for more satisfaction to his Majesty , he produced six sufficient witnesses attending in the Field , whom he preserved upon all events , and who cleered him . However , the King quarrelled with the Constab●e and Mar●●all for declining his Sentence , being Supream ; which they humbly denyed . The King being a Party in case of Treason or Felony , cannot be judge , in Lands and Honour he may . This di●tinction in those times of Treason , was taken for Reason . But though these Combatings are rarely now in Example , yet have we taken up Private Duells , the more frequent , sometimes for Right , but in●o●●erably too often , for Honour , as we term it . Certainly , to use the Sword in a private 〈…〉 party , must be a tempting of God , and an 〈◊〉 Tryal , though we read two of them in Scripture , The challenge of Goliah , which David undertook , The inveterate quarrel of Ioab and Abner in the Interests of their several Masters , David and ●●hbosheth , perfor●ed by twelve on either p●●t , singly ; the Challengers had the worst . It was commonly imitated by some Gallant in the Head of an Army in France and Holland , or by Parties ; but the wise William of Nassa● , at the siege and loss of Breda , after Briote was so slain , forbid it any more to be done during his life . In how ill condition is that righteous cause which must be concluded by the Sharp , Force and Fencing ? for Saint Bernard saies , That he that conquers Mortaliter pec●at , he that is slain aeternaliter perit . The difference of the evil is , the Challenger hath in it more provocation . It hath been held lawful for a man slandered by an unjust Accuser , to vindicate himself by his own Sword ; But , It destroyes Iustice , and Robs God of his Revenge . Ordinary and Common Challenges ( upon what ground soever , being willingly refused , and yet by the Adversary therefore proclaimed base and cowardise ) may diminish the offence of acceptation , but concludes him deeply guilty by Gods Laws ; The Plea of Conscience ought to suppress the Fancy of any Fighter . The result is thus , To answer the Challenge , let a Man provide to be daily armed , and if he be set upon , God and his Cause willdefend his Life and Honour . To make a bargain of bloodshed is damnable , and the intention ( though both escape ) is murther . The Council of Trent , excommunicated all persons whatsoever , none exempt ; with loss of Lands , and Christian burial . But Bothwell ( who causeth this Digression ) being rid of the Combat , flies , and was pursued to ship-board , but got to sea turned Pyrate about Orknay . Morton at his own charge set out several Ships to take him , Grange was Admiral , and almost surprized him , yet he escaped in a light Pinace ( over a crag of the Sea ) which grazed on the Sands , but the pursuers stuck fast , and were saved by their Cock-boat ; and Bothwell got into Denmark , was there suspected , examined and imprisoned . Earl Murray , having with much seeming unwillingness , in August , accepted the Protector-ship , which he long thirsted after , Summons a Parliament in December ; In which the Resignation , Coronation , Regency , and the Queens Imprisonment , were confirmed ; And forthwith ( accompanied with the Conspirators ) repairs to the Imprisoned Queen at Loch-leven , Mortons Castle ; She besought him with tears to protect the young King , to govern with a good conscience , and to spare her Life and Reputation . Then to colour his Villany , he executes divers for being present at the Late Kings murther . But they protested at the Gallowes , that Murray himself , and Morton , were the Authors , cleered the Queen , and so did Bothwel Prisoner then in Denmark , and so to his dying day , That she was not privy nor consenting . And fourteen years after , when Morton was executed therefore , he confest , That he moved that the Queen might be made a Party therein , but Bothwel refused . And thus , the Government not so secure , but factions increased , envy to the Regent , hatred to Religion , and duty to the Queen , now Bothwell was gone ; Metallan and Tylliburn , the Hamiltons , Arguile , and Huntley , join together . And Beaton Arch-bishop of Glosgow , now Lieger for the Queen in France , with much secrecy , gave them hopes of Men and Money . Her cruel Imprisonment forces her escape , by means of George Dowglass , brother to the Governour of the Castle , being oft times trusted with the Keys to let in and out the Queens women . And in the disguise of one of them , she got out , and he , and Tylliburn rowed her over the Lake , and with a dozen horse men , convayed her that night to Hiddery , the next day increasing to five hundred horse , with the Lord Seaton and Hamiltons , they came to Hamilton Castle ; and because this Design was her last which she acted in Scotland , we have searched out the truth , from several Relators as followeth . The Regent Protector now at Glasgow , and pleasing the people with seeming Justice to settle them , was now himself to seek for Protection . Some advised him to Sterlin , where the King was , but Dowglas opposed , protesting to do , as Boyd had done , who was gone to the Queen , with intention ( as he perswaded them ) to act Husha's part ; for he returned a message to Murray , To do them , better service with Her. Morton and Simple advised the same , to stay at Glasgow ; for safety consisted in sceleri●y , the Queens liberty would soon gain the People , and the more remote , the more affectionate to her ; Their own strength was the Towns-men , and as Enemies to Hamilton the Surer their faith to them ; Cunningham and Simples , potent Neighbours ; Lennox and the Kings party many ; and the Earl of Mars forces not far off , to whom Messengers are posted round about . The Lord Hume came with six hundred Horse , and so conceived themselves four thousand strong , sufficient to dare the Enemy . The Queen was gotten head of six thousand , and con●iding in this advantage of number , she purposed to withdraw her person for safety , into Dunbarton Castle , and so to mannage the war with expedition or lingring , at pleasure . M●rray guessing at their aim , drew out into Glasgow-moor , supposing the Enemy that way , but seeing them on the South-side of the River Clide , crossed the Bridge and Foords , and got there before them , who being prevented , marched the way of Rothrington which leads to Dunbarton , but the Regent more wary , galloped his Horse-men , and mounted Langside-hill , and his foot hasten after . Two advantages made for Murray , Arguiles sickness , a sudden Apoplexie ; the Army halting , he chose the ground . The other was , the Queens too hardy confidence in her own number , which seemed less than they were , ever marching over Hills and Dales without perfect view . These retired to another Hill oppos●te to Langside , drew up in Order , Arguile was her Lieutenant , and led the Reer , and with him , the Earls Cassiles , Eglinton and Rothesse , the Lords Seaton , Sommervail , Yeston , Borthick , Sanwhere , Boyd , and Ross. The Va● committed to Claud Hamilton of Pasley , Son to the Duke , and Sir Iames Hamilton ; indeed , consisting most of Hamiltons ; Iames Stuart commanded the Musketeers , 300 men . The Lord Harris the Horse , most of them Borderers and Servants . The Regent devides in two Battalia's . The Van by Morton , with whom were the Lords Hume and Simple . Himself the Reer , and with him , Mar , Glenc●rn , Monteith , the Lords Ruthen , Uchiltry , and Kinkart , the Sons of Lennox , and the Citizens of Glasgow ; the Horse commanded by William Dowglas , Alexander Hume , and Ioh. Corinchell . Upon encounter these Horse retire , and fell back to their Foot , indeed the other over-powred them , but these were driven back by a flight of Arrowes , that gawled the Horse . The two Vans join Battel ; The Regents shot secretly placed in Yards , Gardens and Orchards of the Village Langside , neer the Lane , where they shot at pleasure upon Arguiles , who being freed from this hazard , were fresh assaulted by Mortons Pikes and Speares ; and other long weapons , which being broken , they join pell mell within Swords length , and neerer , with daggers , stones and fists . In midst of fight the Regents High-landers fled first , out of the Rancks of his own Companies , or out of the Wings , as other● say , the Lord Lindsey at hand , cryed , Let them gang , I le supply their place , and ●●epping forward , charged Arguile afresh , whose weapons broken before , and overcharged with new impression , turned backs , and fled disorderly . The Regent seeing the victo●y , followed the chase , wherein more suffered than in the fight . The High-landers , as yet taking heart , made good their first faults , and slew without mercy , and had done more , but that the Regent sent horse to save the Enemy . Many were taken of Note , Seatons , R●sses , Hamiltons , the Sheriffs of Air and Lithburn with others . On the Victors side were slain ▪ saies my Author , but one ( of Note he means ) and for his Epitaph only , we shall name him unfortunate ; yet he was called Iohn Ballony of Preston , Mortons man ; and not many hurt . The poor Queen stood a mile off upon a Hill , saw all lost , and then fled , with the Lord Harris and his Horse , towards England . Some say the Contention between Iohn Stuart , and Arthur Hamilton , two Captains of the Queens Musketeers , strove for precedency , and she adjudged it to Stuart , for his Name , and once of her Guard ; Hamilton took it ill , but nobly challenged the other to the Career , who followed as hastily , and were both seconded as inconsiderately , by the rashness of another Hamilton of Pasley , the Just occasion of the Loss of all . The Regent convenes the Estates , which the Queens faction opposed , not willing that he should fix himself with greater Friendship , whilest yet their future hopes depended , and therfore caused a rumour of some fresh assistance out of France , for the Queen , under conduct of Mortige of L●xemburgh ; and in a readiness he was , but staied to assist the French King in his Civil Wars . Arguile therefore comes to Glasgow with 600. horse , and conferred with Hamiltons , but to no effect . Huntley also with 1000. men , was hindred by Ruthen ▪ and returned . Yet these procured letters fro● the Queen of England , to forbear convening , till she were acquainted with their proceedings , and justness of their cause ▪ why they took arms against the Queen her Cosin , of whose wrongs she is sensible , and expects a speedy account . However the Convention continues , and divers are punished . 5000. Horse and 1000. Musketeers are levied for suppressing the incursions of the Nedisdale , Annandale , and Galloway men , seize certain Houses and Holds of severall late Lords in Arms ; some oppose , but many are made soon to submit . The Queen in miserable distress , sends away Beaton unto Queen Elizabeth , with that same Ring , an ezcellent Ada●ant , ( a token of Friendship ) received from her before , to tell her , that she intends to come in person , and crave her aid , which was promised ; And so by Sea in a small Barge , she followes Beaton , and lands at Werkington with 16. men , and 4. Watermen , in Cumberland 17. May 1568. writes to Queen Elizabeth , the State of her Affairs in Scotland , most pittifully expressed . You are not ignorant ( most Excellent Sister ) how some of my Subjects advanced by me to the height of honour , conspired to oppress and imprison me and my Husband , and yet by your intercession I received them into F●vour , ●hen they were by force of Arms driven to 〈…〉 Queen Elizabeth could not but commisserate her case , but was jealous of her Person , and Cause ; she was told of her eloq●●nt tongue to move credence , and her condition considerable with the Ca●●●lique Princes , to draw Parties to protect her , to quicken the Guises , her Cosins , to her former Clame to this Crown , and the Innovation of others . And so to settle her advantages under Protection , whilest she may provide , to convay her self beyond Seas , at her own pleasure . And many more , likely fears , not u●●eigned , caused Queen Elizabeth for more safety of the Kingdom , to detain her Prisoner ●o Bolton Ca●●le , in Tuition of the Lord Scroop ▪ and Sir Ralph Sadler . M●rray thus at liberty holds a Parliament , attains many of the Queens ●●●ends , notwithstanding Queen Elizabeths displeasure , who requires him to come , or send Commissioners to reason with her the misusage of their Queen , otherwise she threatens to restore and protect her . Murray obeys , and not knowing who to trust , comes himself on the errand to Berwick , with Morton , Bishop Adams , Lindsey , Liddington , and others his Confidents . And to boot also , comes that Monster of Ingratitude , Buchanan ( my Author stiles him so ) the greatest Creature of Murray . Queen Elizabeth sends Howard , the fourth Duke of Norfolk , created Barons by Edward the 4. 1461. and by Richard the third , Dukes of Norfolk , 1483. the Earl of Sussex , and Sir Richard Sadler ; And ●or the imprisoned Queen , comes Lesley Bishop of Ross , Levinston , Boyd , and Others . Lethington , first advised with them , the danger of calling to question so great a Princess of Crimes , before English men their Enemies , and how France would resent it ; at which they were all mute . And the Queen of Scots Commissioners ( to whom the first place was yielded ) before they took Oath , protested , that although their Queen was content her innocence should be shewed , yet being a free Princess , she did not acknowledge her self Subject unto any . The English urged likewise , That they did not admit that protestation in prejudice of that right which the Kings of England , alwaies claimed as Superior of the Kingdom of Scotland . Queen Maries Commissioners declare by writing , how Morton , Mar , and others had levied Arms , misused their Queen , and extorting her Resignation in Prison , that Murray had usurped the Regency , and inforced her to fly for succour into England . Murray , and the Commissioners for the King Infant answer , and relate the manner of the late Kings murther by Bothwel , for which the Noble-men called him in question , whom the Queen protected ; that she voluntarily resigned , and the Parliament had confirmed it ; and all this was evidenced by Letters . Her Commissio●ers reply , and deny all , telling the Truth of these Stories ( in such particular as is before herein declared ) and therefore crave aid of England , to assist Her. The English Commissioners require better proofs than by Letters , for Lethington had counterfeited her hand , and was suspected might do ●o by these . Murray refuses other proofs than such Letters as he shewed , with much modest regret ( forsooth ) To be put to it to accuse his Sister at all , unless the Queen of England would undertake , to protect the King , and to relinquish the Queen . But the English told them all , though there appeared not , as yet , sufficient for the present to be dilated upon , yet Murray is required to leave some of his Company here , to answer Exceptions which their Queens Ambassadors should propose hereafter , and so they departed . Much pleasing to the Duke of Norfolk , so to break off , having alwaies favoured Q. Maries Cause , and from this time had a Mind to mary her . But Murray to make things more safe , po●●s to the Queen of England , and to her produces Articles and other 〈◊〉 , and 〈◊〉 Book , called the D●tection , which had 〈◊〉 credit with her , though ●illing she was that reproach ●ight l●dge ●pon the Queen of Scots . Indeed many Engli●h Lords inclined to 〈◊〉 her 〈◊〉 , at which Queen Eli●●beth swore , She 〈◊〉 not 〈◊〉 so long as Norfol● lives , of whom henc●forward she was j●alous . Duke Hamilton was returned out of Fr●●ce , whither he had fled , and besought that Murray might relinquish the Re●●●●● to him , being ( as he 〈◊〉 ) his due , as next heir to the Crown , 〈◊〉 the Queen found his pulse beat too hig● , and least he should proceed in that Claim , she commanded him not to depart without her Licence . The Regent and his Company having leave to depart in Fe●●●● , the Duke Hamilton made means to follow , and being Lieutenant for his Queen , and got home , sends forth his Proclamations , and shewe● his Authority , which none obeys ; For Murray was comming to nip the Bird in the Head , and comes to Glasgo● with an Army , to whom Ha●●●ton 〈◊〉 ; and prefixes a day for Hamilton ( with pledges ) to subs●ribe to his power at Edenb●rgh , and there likewise he 〈◊〉 it off , till his Queen sends her consent . Hereupon he and Herris are committed . 〈◊〉 and Huntley were the next to be reduced ; Both of them had been bu●ie in the Regents absence , but were now suppre●●e● , and so all 〈◊〉 to Perth , to hold a Convention of ●tates . Thither came two Packets from both Queens . Elizabeth made three Propositions . 1. That the Kings Mother might be restored to her 〈◊〉 and 〈◊〉 . 2. That her Name might be joined with her Sons , in all writs , and the Government continue in the R●g●●● . 3. And if none of thes● , then that 〈…〉 , with all 〈◊〉 and hon●●● , without pre●●di●● 〈◊〉 the King. This last was accepted , the other rejected . These Queens had several Designs in their Demands , Elizabeth was wi●●●ng to be rid of the other , rather than she should mary with Norfolk ; for she feared her great Friends here , and beyond Seas . And Mary was therefore more earnest to satisfy the Duke , who meant not to adventure the Treaty upon uncertainties ; And Murray for these respects kept Bothwels title in being ; for from England he was assured by his Friends there , that Norfolks plot , and Queen Maries , was so cunningly conveyed , that no wit nor power was able to countermine . Yet he remained stedfast , and sent one of his Domestiques to Queen Elizabeth , with Queen Maries Petition , and their answer ; but She not satisfied with such an Ordinary Messenger , the Abbat Pitcarn was sent Express , from the Convention at Sterlin , held only for that purpose . About the same time of his last arrival at London , the Duke of Norfolk was committed to the Tower , October 11. and the Conspiracy discovered , which was thus . Murray , with much cunning , before his late departure out of England , proposed some hopes to Norfolk of mariage with the Queen of Scots , and secretly induced a belief of her present restoring , and spread these Rumours to prejudice her , and to increase jealousies , with many other suspitious , which surrounded Queen Elizabeth , Of Rebellions at home , and Plots abroad by the Papists . And as many more Tales that Q. Elizabeth , and Murray , had compacted against the young King. To wipe off these , an Apology was printed in Queen Elizabeths defence . In truth , she was much perplexed with fears , out of Emulation of the other . Yet with some compassion for her Imprisonment ; and in both these distempers , there wanted not Instruments to rub the wound . Mary often solicited Queen Elizabeth with humble , yet Princely , Letters , with such compassionate Eloquence , that though the Queen had a Wolf by the Ears , yet with tears , had oft resolution to return her Home , and dealt with Murray by Messengers herein , but he was settled in malice , and would not incline . Then was rumoured the Mariage of the Duke of Norfolk with Queen Mary , as advantagious to both Realms and security of the Kings person , who must be brought also into England , and so under Queen Elizabeths power , and she so to be secured of fears . And that for finishing so good a work , the Dukes Daughter should be contracted to the King. And these Designs , many the chiefest Earls in England had contrived . Murray himself at his being here , intimated no less to the Duke , for that , She having maried her self to a Boy , then to a rash young Man , and last to a Mad-brain , might now recover her honor to wed him , a Man of discretion . Nay more , secretly , by Melvin , offered to the Queen of Scots , his Service to effect it . And the Secretary Throgmorton , with the chiefest Lords , Arundel , Northumberland , Westmerland , Sussex , Pembroke and Southampton , and Leicester also ( his Rival ) were all of the Plot , and he broke it very seriously to Norfolk . Upon which the Duke , not faint-hearted , courted the Queen by Letters , and all consenting , Articles were propounded . 1. For security of Queen Elizabeths person and issue . 2. To Covenant a League between both Kingdomes . 3. To establish Protestant Religion . 4. To receive into favour , with pardon , all the Scots . 5. To Revoke her assignation of the Kingdom of England , and to mary Norfolk . They promise to procure Queen Elizabeths consent , and the other to be restored , to all which she , in Prison , easily yielded , and who could blame her in the case she was ? But ere they had so done , Queen Elizabeth had suspition , and therefore it was more than time to break it themselves , so from one to the other it was neglected , till Leicester did it . She asked the Duke thereof , and charged him to decline it , least he hop't headless , and it was good warning , sufficient to him to look ere he leap't , and so he stole away in time of Progress back to London . Caecil wisely took care of the State , and learned so much of the Matter , that the Duke began to fear ; restless in any place , withdrew to Norfolk , where some Commotion was purposely set on foot , and he suspected . To prevent the worst , he returns back towards the Court , but at Saint Albans was taken to guard , and secured , for by this time Treacherous Murray had out of Scotland discovered what he knew , and upon which the Duke was sent to the Tower , Bishop Ross , and others committed , and Pembroke examined , not well remembring what he had said , or should say : for he could not read a word . Northumberland and Westmerland take Arms , but fearing greater opposition fled into the North. But ere all this was known in Scotland , Secretary Metallan increased faction for Queen Mary , and sided with Hume , and Grange Captain of Edenburgh Castle ; and before it was ripe , he is sent for to Sterlin , accompanied with the Earl Athole , to intercede if need were ; and need there was , for he is accused as Accessary to the late Kings murther , and committed close Prisoner . Sir Iames Balfore in the same Condition , were both of them sentenced by the Convention of States ( for by them Murray did all his work as in cases of Treason ) but with much ado , Balfore had pardon , and Metallan reprived to Edenburgh Castle ; and Murray posted up and down to reduce the Norfolk faction , and the Queens , who were increased ; and returns to the Life Tryal of Metallan at Edenburgh , where finding his Party too strong , being of Hamilton , Huntley , Arguile , and others , he warily adjourned the arraignment ; for , though by this time News came of the Dukes Commitment in England , yet his Faction increased very powerful , and his Plot went on in Scotland . The Earls of Northumberland and Westmerland , in favour of the Queen of Scots , and right Rebels to Religion , with 6000. Foot , and 2000. Horse , mastered Durham , burnt the Bible , and Service Books , heard Mass in Darnton , and took Bernard Castle , but being pursued by the Earl of Warwick with twelve thousand men , and Sussex with another army of seven thousand , they were forced to fly into Scotland in December , and lurked among the Borderes and Robbers , until Morton betrayed Northumberland to the Regent , who sent him prisoner to Lochleven , being an Enemy to all sides but the Queen of Scots . This service Queen Elizabeth took well , and gave audience to Pitcarn his Ambassadour , to whom she promised , to desist the restoring of Queen Mary , and assured all friendship to the Regent when he should crave her aid . The effect was soon published in Scotland , to the fear , and lessening of Maries party , and they not able to Master his Power , took the bold way of base treachery , be one Iames Hamilton ( whose life Murray had saved ) and he undertakes to kill him . His opportunity he takes at Lithgow in secret , where he placed himself in a House as the Regent passed by , shot him with an Harquebuss out at a Window , the bullet passed thorow his Body , and killed the Horse under George Dowglass 21. Ianuary 1569. He dyed that night . Hamilton had his horse ready , and scaped beyond Seas , where he dyed not long after . Murray was base Son to King Iames the fift , and took up Religion for the gain of the Spoil of Papists . He was a Man full of Ambition , injurious , and ungrateful to the Queen , and likely not to have spared her Son , when time had wrought him power to effect it . He was much assisted in his Regency by Mortons perpetual concurrency , and may be coupled as Parmenio and Alexander ; Nihil Murray absque Morton , Multa Morton absque Murray . It comes to be the question , whether for Interest or Friendship Morton was so fixt ; certainly Murray aimed at all , the Queen in durance , and his labour so to continue her , or rather to have her in his Custody , and so to have ordered her and her Son , for his own purpose . To ballance him , the Queens faction were , Hamiltons , Arguile , Athole , Huntley , and almost all the petty Princes ( as the Scots call themselves ) Earls of Crawfoord , Rothess , Eglinton , Cassiles , the Lords Harris , Maxwells , Iohnston , Seaton , Boyd , Grey , Mettallan the Secretary and Politicquer , and Grange the active Captain of the Castle of Edenburgh , and most of the strong Castles and Forts ; the French did assist them , and Spain favored them , and so did all Catholiques . In England the faction of Norfolk , and Papists , and all Male-contents , or Treacheries took up Queen Maries cause to mutiny . She had her Rents in France duly paid , and her Jewels , and much under-hand support to countenance her Am●assadours abroad , and private Emissaries , and a working brain for her own ends . All the English banished Lords , Dacres , Westmerland , and all the Popish at home . The other party , which we call the Kings ( but indeed they were of all sides partial to their own Iuterests , Pride and Ambition , and took up factions accordingly ) were Morton , Mar , Lenox , Glencarn , Lindsey , and Glams , Simple , Methvain , Ruthen ; no Castles but Sterlin and Tantallon , and the Commons , and from England Queen Elizabeth knew well how to feed them on all sides with a bit and a bob ; for in this time she had sent three several Armys against the Borderers under that colour , which most horridly burnt all in their way , with incredible mischief to that miserable Nation . The Murther of Murray was lookt upon as more publique than to be acted by one , and a Resolution of his Friends to question it by force or Justice . In the mean time the Estates appoint a day , and this put off was counselled by Metallan , who was got out of Prison in this hurrey of affairs , and suspected the Plotter of Murrays death . The Lords meet and stand upon their guard ; but agree in nothing for the common safety ; the Queens Party elect three Lieutenants , Arran , Arguile , and Huntley , and appoint a Parliament in August after . In this while Queen Elizabeth sends Sir William Drury with three hundred Horse , and a thousand foot into Scotland , to pursue her Rebells as was pretended , but sided with Morton , and did some mischief to the Queens Faction , and so returned Home . The 13. of I●ly in a Convention at Sterlin , Lenox the Kings Grandfather is chosen Regent , and Hamilton refused , Queen Elizabeth , declining her direction in that Election , but well pleased , since she had his wife in her hands . He marches with Forces of 5000. men to Linlithgow , and prevents the Lords Meeting of their Parliament in Augnst after , and so with increase of men makes up eight thousand , Ranges the Country , and spoils his Adversaries , with Marshal law hangs them up by Scores , and returns to Sterlin . The King of Spain , not with much affection to the Cause , but for his own interest , and malice to Queen Elizabeth , secretly sends money and ammunition to Huntley in the North. The Duke of Castle-herault and Arguile send Seaton to Duke D' Alva in Flanders for aid , and to restore the Captive Queen ; He promised fair ; but did nothing , having much to do for his Master against Holland . Nay the Pope fell to work with his Bulls , excommunicates Queen Elizabeth , and absolves her Subjects , and some fears of a Rebellion in Norfolk , to deliver the Duke , exceedingly beloved and pit●yed . And therefore upon his humble petition and penitency , abjuring the Mariage , was released the Tower , and restrained only to his own House , but with a Keeper , Sir Henry Nevel , whether in favour , or to beget in him more Guilt ; for Henry the Eight's Statute of Treason to mary the Blood Royall without leave , was repealed by Queen Elizabeth , and his Misdemeanours were not yet come up to Felony . But she , in much trouble , and fear of Forein Forces , and Domestique Insurrections , dayly put in practice in Darby-shire , Sent Caecil and Mildmay with 16. Articles to Queen Mary at Chatsworth in Darby-shire , not unreasonable , unless those concerning the Scots interest with France , of antient League and Security ; which therefore she wittily argued , as not in her power without their consent . For her Dowry was from thence ; the Scots Guard of Gens D' arms in France of one hundred Horse , and 124. Archers ; the interest of some Clergy in pension ; and immunities from their Scots Merchants and Students in France ; All which ( except the English would recompence ) she could not remove their Amity ; and some Castles also required , in Scotland , which she could not render , and so these Overtures were quite declined . The Scots Incendiaries at home , fearing that Queen Elizabeths good Inclination , or other Forein assistance , should release their imprisoned Queen , and so revenge would follow ; Morton , with others from Scotland , are sent to prevent it , and present a tedious insolent memorial , the gall of the pen came from Knox and his Kirkmen , with authorities of ipse dixit Calvin , too hateful for president to others , in justification of themselves , and against Royalty , which the Queen read and disdained as a Libel . Yet she ordered Commissioners to treat with Queen Maries Commissioners and them , concerning her Release , but they excused themselves by a frivolous restraint of their Authority therein . But certainly , They that came impowred to deprive , had powers to restore ; And indeed what needed Authoritie from others at home , when wicked facts had made all equals . Facinus quos inquinat aequat ; and so all return home . Herein , nothing to the poor captivated Queens Release ; her Friends in Scotland worsted in all their actions of Arms or Treaties ; strong places surprized ; and many executed for being but suspected of her Party ; Arch-Bishop Hamilton ( Brother to the Duke Castle-herault ) hanged as privy to the late Kings Murther , without any Arraignment or Tryal ; and she here deprived of all her Friends and Domestiques but ten persons . She then bethinks her self of the last remedy ; sends secretly to the Duke of Norfolk , renues her affection , and conjures his Assistance ; with other Letters to the Pope and King of Spain , by Higford the Dukes Secretary , a fiery Fellow ( even such another Creature as might be a President afterwards unto Cuff Secretary to his unfortunate Master the Earl of Essex , ) who , besides his Errand , insinuates to the Duke , fair hopes of Confederacy and assistance from all the Catholique Princes , and the Pope also . And with this Plot of impossibilities ( not without suspition of Treachery to his Master , for before these letters were burnt , he secretly stole the Minutes of all their private missions , and lodged them purposely where they soon came to light ) The poor Duke ( easy enough to be cosened , but not into the villany of Treason ) detested and disliked his Motions . And yet afterwards , but for meddling with money in behalf of that Queen , to be sent to her Friends , ( which was misconstrued perhaps in the worst sence ) for Support of Enemies against Queen Elizabeth , he fell into this mischief and Treason , which Higford confessed , and discovered all the former Matters to boot . The Duke not dreaming what was acknowledged , denyed all at his Examination , and so was again committed to the Tower , and presently after him , the Earls Arundel and Southampton , the Lords Lumley and Cobham , with others his Friends , but these scaped with life , and in hope of pardon , told all they knew , and more than truth . And thus was he betrayed , not knowing whom to trust , where he lodged till he lost his head , the next year after . Bishop Ross Queen Maries Lieger Ambassadour of long time ago , and so now here , A witty and well-experienced Man he was in his Craft , and up to the ears in all Designs and Plots for her Relief and Advantage , through his Letters intercepted , and all their confessions produced , was sent for and examined ; the most guilty Crimes of them all , either the Contriver , or deeply Acce●●ary ; some he confessed ; those which concerned others , he constantly concealed , and cunningly answered unto all . There being sufficient evidence to make him guilty , he stood upon his Privilege , which he wittily defended ; and yet were qualified from any punishment . The Tribunes of the People in Rome , were free from question in their Annual Office. Particular Mischief , submits to the conveniency of the Publique . Leges de Jure Gentium inductum est ut eorum Corpora salva sint , propter necessitatem Legationis , ac●ne confundant jura comercii inter Principes . Let us come to latter Customes of our own kind . Henry 2. Restrained the Popes Legat , until he swore not to act in prejudicium Regis vel Regni . Henry the third did so likewise to another of the Popes Legates . Another fled of himself , timens pelli sui . Edw. 1. Complained to the Pope , and had satisfaction , ere his Legate was released . Henry 8. Restrained the Ambassadour of Charls 5. one Lewis de Prat , for but falsely traducing Cardinal Wolsey to his Master . Charles the ninth of France did so to Sir Nicholas Throgmorton , for Counselling the Prince of Conde , against the King. In Spain , was Doctor Man , Ambassadour from England , imprisoned for using his own Religion , and yet Gusman de Sylva , at that instant here in England had Mass with freedom . But then the Inquisition mastered that State 1567. We restrained Don Guerman de Aspes in London for Libelling this State to the Duke D'Alva , 1568. The French Ambassadour Alpin , and Maluset were so used also . The Venetian Ambassadour at Madrid protected an Offendor that came into his House ( the usual Sanctuary ) who by force was taken out from thence , and that State justified that Action , condemning the Ambassadors Servants that opposed ; Some to death , and some to the Gallies , but were only all banished . The King of Spain sends the whole Process to Venice , and by His Ambassadour Lieger there , one Mendoza ▪ declares publickly to all the World , That in case his Minis●ers should so offend , He remits them to punishment where they resi●e . And another Mendoza for abusing our Ministers of Sta●e here , was first restrained , and after banished , 1586. See Another hereafter in this Kings Reign , the Marquess Inojosa , for scand●lizing the Prince , and Duke of Buckingham , 1624. And our Bookmen say , that a Forein King , though admitted here by safe Conduct ( for without Licence he cannot come ) may be impleaded for Debt or Trespass , and condemned for Treason ; for i● is a general Law of Nations ▪ That in what place an offence is committed , according to the Law of that place , they shall be judged , without regard of any Privilege . For a King out of his proper Kingdom hath 〈◊〉 merum Imperium , but only retains Honoris Titulos & Dignitatis ; and per omnia distringitur etiam quoad personam . And the same assuredly is of their Ambassadours , N● occasio daretur delinquendi : He hath protection of His p●rson ; Like as a Sanctuary will save a Mans life from Manslaughter , but not when Manslaughter is committed within the Sanctuary , for then he does willfully wave the benefit . Indeed their Persons ( as their Masters ) are sacred from violation of private men , but not from punishment of offences against the publike State. See Cook 7. part . &c. Here are Presidents ; but it hath been more nicely disputed , let others conclude . This year gave end of daies to that antient Noble Lord William Pawlet , Marquess of Winchester , and Lord Treasurer of England twenty years , having lived 97. years , whilst he saw the Children of his Childrens Children , to the number of one hundred and three persons . 〈…〉 bishop in spite of Adamson a Minister , preaching against that Order , which he divided in three sorts , 1. The Lords Bishop ( to wit Christ ) and such was every Pastor . 2. My Lord Bishop , such who sit and vote in Parliament , exercising Iurisdiction over his Brethren . 3. The third sort was my Lords Bishop , one whom some Lord in Co●●●substitutes hi● Receiver , without means or Power Episcopal , whom he called a Tulchan Bishop , because the Tulchan which is a Calves skin stuffed with straw , is set up to make the Cow give down her Milk ▪ Mr. Knox ( he preached more and pronounced Anathema dant● , anathema accipienti . Whilest the Estates were busie at Parliament , far off from Edenburgh , and thereby secure , an attempt was made upon them , There was one George Bell in Edenburgh , Ensign to a Foot Company , born in Sterlin , well acquainted with each Corner there , and each Lords Lodgings , possibly to be surprized in their careless watch ; He marches from Edenburgh with two hundred Horse , and three hundred foot , Earl Huntley , and others , their Leaders thither , and undiscovered , till they had planted the Market place , and set Guards in the Lanes , entered the Lords Lodgings , and surprize them Prisoners , the Regent , Glencarn , and others . Morton only defends himself with his Servants , and the Enemy in hast , set the House on fire , some of his Men slain he yielded to Balclough , who had married his Neece Margaret Dowglas . The Souldiers , careless , fall to plunder the Houses , whilst Mar and his men in the Castle , force the Market place , but in vain . Then he sends sixteen pieces of Brass , called Founds to his own new House a building , and so not reguarded for plundering , got up to the upper Rooms , and shot out at the Windows into the very street , when the Enemy was thickest ; who thus amazed , fled without order , and Mar pursues them , with such other , that crept out of their Hidings , and make a sufficient number to be again Masters of their own , both Prisoners and Spoil , Morton and Glencarn , seizing their Keepers ▪ the Regent was taken by David Spency , who to save him at 〈◊〉 from the Souldier , lost his own life , and His also . So both sides were vanguished , and both victorious in a few hours , Of such advantage is diligence and expedition , and mischievous is negligenc● and security . Multum in utramque partem fortuna potest , as Caesar saies . The Kings Grandfather Lenox thus dead , and presently buried , there were three listed for Election , Arguile , Mar and Morton , the first but lately reconciled to the Kings part , the last was best beloved , but Mar had the charge of the Kings person , and so caried the vote to be Regent , Sept. 1571. Much he could not do in his small time of Government , he convend the Country , and sate down against Edenburgh , but wanting Artillery , returns to Li●th , parts the Kingdom ●●to quarters , and sends for their Divisions by turns ; Those in Edenburgh issue o●t , and set fire on Dalkieth with Spoil and Pillage , return , but were so close beset , that wanting victual , they p●ocure the Ambassadors from France and England to mediate the reconcileme●t . And for a Prea●ble to future peace , the Ambass●●ours obtain a Truce in Iuly , beginning the first of August 1572. until Ianuary following . The Conditions were , that Edenburgh should be free , for all the Kings Subjects ; which was to say , that the Enemy , could keep it no longer . And before the end of this Truce , Mar takes leave of this life , in a desperate Feavour at Sterlin , October 1572. and without dispute Morton was elected to succeed him . And now let us to return to England , where in November 1572. appeared a blazing star , alwaies portending ill fate to great persons , It was placed Northwards in the Constellation of Cassiopeia , making a Geometrical figure ( with three chief fixed Stars ) lozing-wise , called Rombus . It appeared bigger than Iupiter , and less than Venus . It never changed place , but carried about by motion of the Heavens , as other fixed Stars , and so continued six moneths . The Sphere far above the Moon , where no other Comet was ever seen , or indeed Natural can appear , so strange to Astronomers , as since the Creation was never the like , and had onely reference to Caelestial , or rather super-C●lestial consideration . And therefore forthwith followed in Ianuary that Thomas Howard Duke of Norfolk , was arraigned in Westminster Hall , before Talbot Earl of Shrewsbury , High Steward , and 25. Earls and Barons . His Commission being read , Garter King of Arms delivers to him the White Rod , which he receives and delivers to a Serjeant at Arms , standing by , and holds it up all the time . The Duke was brought in between two Knights , and the Ax held besides him , by the Executioner , with the edge from the Duke ( but after sentence it was immediately turned to him . ) His Tryal lasted till night ; and all the matters before remembred were urged against him , together with his own Letters , as also those of the Queen of Scots and Bishop Rosses , besides evidence by Witnesses , whereof he was condemned , as in Case of High Treason , and after 4 moneths delay , he was executed upon the Tower-Hill , where he acknowledged and confessed all . Abo●t ten daies after , Commissioners were sent to the Q. of Scots , to expostulate criminally with her . 1. For usurping the Title and Arms of England , and had not released them , as was agreed in the Treaty of Edenburgh . 2. For the practice of Mariage with the Duke of Norfolk . 3. As also all the beforementioned Contrivements , particularly urged . To all she wisely answered , and to the most of them N●gative . A League being concluded , between England 〈◊〉 France , the Ambassadour moved for favour to the Queen , who was answered , that she deserved none ; for that she had secret confederacy with the King of Spain , by the Lord Sea●on , which being discovered and true , the French were silent . The Estates of Scotland , took some time to present their Desires to Queen Elizabeth , how fit Morton was for the Regency ; which ●he took well , though she knew they intended the power upon him , for so she had the honour , to say , She made him ▪ and with who●● , in truth , she alwaies kept the most narrow correspondency , trusting to his Judgement and diligence , to do much for the King , with whom he alwaies sided . The King was committed to the custody of Alexander Erskin ( for Erskin the then Earl of Mar was under age , whose peculiar right it was to challenge that trust ) and Buchanan designed his Tutor , a man of some fame by the Scale of learning , whom Time and Ambition wrought afterwards a dangerous Incendiary to the King and State. From this Parliament now sitting , were the Papists utterly excluded , and laws for advance of Religion enacted , to the wonder of all , how soon the Papists ( frighted into fears of loosing their Estates ) very forwardly subscribed to the Reformed , which so heightened the Kirk into swelling Pride against Bishops also , that their violence afterwards could never be brought to Moderation . Though the Protector conceaved the Prelatical function , to be no less necessary in State , then warrantable in Reformation . And so he regulated them ( as the Bishops of England ) Votes in Parliament , but abridged their Authority over others . And thus stood the power of Synods , interposing the moderate Prelates , who yielded much in Peace to the publick Ministery , and belike , conceiving that time and experience might mollifie them to a more convenient Constitution . The faction for Papists was of the French and Queen of Scot , whose countenance were the Hamiltons , Arguile , Huntley , and Hume , ancient Barons , Grudging at the Vice-Roy's Government , sought to undermine his Establishment ; and he at home , by pleasing the people gained the City and Kirkmen . For now was Knox become the Temple incendiary imitating the Vandalls devastatious , ruinates the Monuments of Ancestors Piety , Church-bells and Bed coverings scape not him nor any other such like sacrilegious ravings ; himself accknowledged that Mary had and did then blame him for his too great rigor and severity , that in his heart he never hated the persons against whom ●e thundred Gods Iudgments , hating their Sins , and forbore none of what ever condition ; doing it in Gods fear thus much he said for him selfe , and being the words of a dying man , I say them over for Christian Charity , and Honour to his parts ; whose Character needs no more than the former History faithfully set down , wherein it appears , a Beacon he had been , apted to fire the Kingdome . but his blaze was this year extinguished and he died of good age 67. years ; whether his History of the Church were his own , is suspected of some , his name supposed to gain credit to the work which in many parts seems ridiculous . Morton in some eminencie and lustre , fell into an obloquie of an infamous Act , upon the person of Thomas Percey Earl of Northumberland . whose desperate case ( together with Westmerland forced them from home ( as you have heard ) to seek for succour in Scotland , after some time , Westmerland got into Flanders ▪ but Northumberland wandred in the woods of Hatles for habitation , and was ( heretofore ) by his Comrades betrayed to Morton , and delivered up by him to the late Regent Murray ; whose Authority preserved him by the Law of Nations , from Queen Elizabeths fury , but now Morton powerfull by preferment and plentifull in Estate whom honour , had made so , aud some meritt , valuable ▪ yet I know not with what errour of honesty basely sould him for a piece of Money to Hunsdon , Governour of Berwick and so became headless by the fatall Ax at York . The fruit of this ungratious Act , fell upon the Protector himself in the Ultimum of his life , by the like fall of the Ax , that often cures great men of these wicked maladies 1581 The Kingdome of Scotland , heretofore in severall fewds now was devided into two unnaturall factions of Son and Mother , the King and captivate Queen , in which dissention the Nobility side into severals . England and France interpose accord , but with sinister respects , for the French Ambassadour had his Item , and meant nothing less . Queen Elizabeth to countermine him , sent Killegrew to join with the King and Religion ; yet a Treaty was perswaded . In the interim , Kirkaldy Lord of Grange , and Governour of Edenburgh Castle , being on a high Rock , inaccessable , fortified by a Fe● and Lake on one side , and a Moss , which surrounds it ; and to his faction ( being the chief Baron ) the French , gave hope of assistance ; To whom he sends over his Brother Iames Kircaldy for men and money , with which returning , he lands at the Castle Blackness , the Governour thereof Andrew Stuart , though before his Confident was of late bribed to seaze him into fetters , whilest he carried the news , and 1000. French Crowns of Kirkaldies to the Regent . In his absence on this treacherous errand , Kircaldy corrupts his Keepers ▪ and they the Souldiers , and so of a Prisoner he hath the Keys and custody of the Castle . In two daies returned Stuart , and no sooner entered , but is secured into Irons ; which he studies to revenge , and conceived , that the best way might be the same , and so the less suspected , to catch his Adversary in the same Gyn , which so lately caught him . With feigned tears , and a cunning tale , he melts the hardned Gaolers into compassion , and they the Guard , with helps of some bribings , some Crowns secretly sowed up in his quilted Wastco●e . And , as if better than they could design it , Kircaldy would needs accompany his Wife in a visit forth of the Castle , when as hastily he was shut out , and the late Governour set at liberty commands all again . During which time the Treaty came on , but ended without effect , and Grange begins his fury on the City , as fuel to his fire . Either part implore assistance . The Protector , from England , and soon was sent to him by Land and Sea , nine Canons , six demi-Canons , six Sakers , 9. Culverins , with all necessaries , and 1500. men under Command of the Marshal of Berwick , Sir William Drury , who joined with 500. hired Scots , and so furiously assaulted the Castle , that from the twenty fifth of April , in thirty three dayes it was rendred to the Mercy of the Queen of England , who referred it wholly to the Regent , and the Lord Grange , and his Brother Kirkaldy executed by the Hangman Metallan had poisoned himself some daies before , to avoid the Regents severity , which he deserved . He was a man adorned with all natural parts , wise and prudent , indefatigably busie , but Fortune ( the Mistress of humane Counsels ) delighted to make him , like her self , inconstant . Hume , Petarrow , and Melvin kept in prison , and so was the renowned Countess of Arguile , who was the Daughter of an Harlot . Liddington was found there also , and sent away Prisoner to Lieth ; who , because he had been a notable Actor all his life , and being a pen-man , not by Law of Arms to dy by the Sword , we may guess how he came to his end , by poison , the fate of cunning politiques , who if they scape the Ax or Halter , are too wife to be le●t long-lived for worser effects . This Success set Morton aflote , which he husbands so ill , as made him ( though he governed all ) submit to base lusts , Pride and Covetousness ; to supply which he abused his Trust , to the prejudice of the People , in each particular . His exactions were ingeniously observed by 〈◊〉 Fool Bovy , that often rubb'd his Masters Shins with his Giers , some importunate Beggars craved alms of the Regent , the Fool bid him hang them , and why so cruel , said he ? Because of your custom and cunning to make an hundred rich men beggars when you please . He coined for the King some pieces of Gold , with the Kings picture , and circumscribed , In utramque paratus . And contraversed the Royal Arms of Scotland , with this inscription , Parcere subjectis , & debellare superbos . The silver pieces bore two swords , with Trajans Motto , Pro me , si merior , si non in me . He was the first Coiner of the Copper in that Kingdom , called Hard-heads , and after abased them from 3 half pence to a penny , as also the black piece , and abased them also ▪ which never till then were corrupted . And by their neighbour the Netherlands coined also , and exchanged for good Sterling , which in after times made the Dutch cunning in that trade of cosening all Kingdoms ; and thus having reduced the Kings Coffers to a small purse , he sets upon the Clergy . In the former Story of the Kirk in Queen Maries time , all the Revenues being then in the Papists , she settled a part of the third , with which she was to relieve the Ministers , as a Donative ; and indeed the disorderly Collection ( before mentioned ) was then complained of by those parties , and therefore now by remonstrance , Morton ( siding with them ) orders a Supplement to inculpable ( or well-affected ) Ministers annually , and so takes into the Kings Treasury all the Thirds , to which the Kirk subscribe irrevocable , and thereby he commits the cure of 3. or 4. Parishes to one , and so out of the Relique of the third , there must needs arise much gain . The Church therefore in time , open their own eyes , to see this fraud , and complain to the Council , but receiving delayes , their implacable hatred to Morton , increaseth with their suffering ; and in this nick of time ( Knox being dead ) returns Andrew Melvin , a Man of the Kirks own making , for being drencht in the Genevian discipline , he reforms this Church according to a hairs breadth , and subjects them all to his vehement spleen , against the very Office of Episcopacy ; and thus broached , it drowned withall both Laicks and Church-men , out of the easie apprehension of both their advantages , and the Dispute was preached by their State-meddling Sermons , which begat undominable Presbyterian licentious Tumults ever after . The Arch-Bishops of Saint Andrews and Glasgow oppose Melvins Discipline in most acurate Sermons and Declarations . The difference grew high and dangerous , unless to the Regent , whose aim was to fish in troubled Waters , not caring for the future , gave fuel to the Zelots flame , which neither command nor Counsel could ever after extinguish . I may not omit to Memory the horrid Massacre throughout all France , upon the persons of the reformed Religion , called by the Adversaries , Hugonites , from one Hugo ( as they would have them ) the History is so horrid , and the more uncertain in particulars , because the Papists strain their pens to piece it with some Excuses . But the truth was written then by One Ernest Varamund of Freezland , in the time of Charls the ninth King of France , 1573. In Anno 1561. an Assembly of the Estates in the Kings house at Saint Germans in Lay neer Paris in France , in the time of Charls the ninth , concluded terms of Pacification in Religion , among other Articles , It should not be prejudicial to any Man to profess the Reformed Religion , in the Subur●s of Towns only . Francis Duke of Guise ( a Stranger , of the House of Lorain ) was not present , and within few daies after in Champanie slew men , women and children in Vassey 200. persons ; Among those of the Religion was Lewis of Bourbon of the blood , Prince of Conde , Gaspar de Caligni , Admiral of France , and Francis Andelot his Brother , Captain of the Fantarie , and others , Noblemen and Gentlemen . Katherine de Medices ( Pope Clements Brothers Daughter , and Mother of King Charls ) born in Florence , a City of Italy , had the Government of the Realm in the Kings Minority ; for though by the Law of France , neither Inheritance , nor Government , are admitted to Women ; yet by negligence of Anthony King of Navar , She had the power . The Prince of Conde , in fear of the Guises , garrisoned some Towns , stood upon his Guard , and so began their Civil Wars there , and published his Reasons , For Defence of the Kings Edict for Religion . Several Battails , and losses on both sides , and the Duke slain , peace was made , and liberty of Religion in certain places , which continued for five years . The Queen , to strengthen her Party , cunningly brought in six thousand Switzers , and pretended them , for defence , quiet and peace to all ; yet suddenly garrisoned such Towns as the Religion had willingly surrendred , saving onely Rochel , who stood upon their former Conditions two hundred years past , Not to be forced to any Garrisons . Upon some rumours and fears , the Prince of Conde , and the now Admiral ●ly thither , the cause of the third Civil War. The young King , by perswasion of Charls Cardinal of Lorain , the late Duke of Guises Brother , published Edicts , That no man profess other than the Romish Religion . But both parties wearied out with this last Miserable Distraction , the King politiquely pretends to drown all Discontents by a Reconciliation , and to join both forces against their Common Enemy the Spaniard , who in truth had barbarously murthered the French Plantation in Florida in the West Indies , and Marquisdome of Finall . And to this Contract ingaged the Prince of Orange in the low Countreys , by means of his Brother Lodowick , now in the Admirals Camp at the very time when the Emperour had offered to reconcile Orange to the Spaniard . And by these pretences this third War was ended , with Toleration of Religion as before , with unanimous Congratulation by Embassyes from the three Electors of Germany ( Princes reformed ) and sworn to by the King sacredly to observe . Which so incouraged the Orange party , as to bring all their Sea prizes into Rochel , and this Contract drew in Eliz. Queen of England ; and all these overtures committed by the King to the Admirals prosecution . Notwithstanding these publique Conditions therein , the Pope sent Cardinal Alexandrine from Rome , with Instructions to perswade the French King to enter societ● with the League of Trent , to make war upon the Heretiques ; and had satisfactory answer from the King and Queen-Mother ; and on the Contrary all possible tokens of favor to the Admiral and his Complices , in restoring their losses , with a sum of one ●undred thousand pound Sterling , out of his Treasure , not leaving the least action undon to amuse the Admiral into firm assurance of the Kings faithful intentions . And to confirm belief , purposed to affiance his Sister Margaret to Prince Henry , Son to the Queen of Navar , who had defended the Cause of the Religion in the late Wars , and this to be celebrated according to the Reformed Religion . The League between Charls the King , and the Prince of Orange , and Articles concluded . The Mariage appointed in Paris , and the Queen of Navar ( of the Religion ) repaired thither for the Solemnity . The Admiral also sent for by the King to go before to Paris , promising himself to follow ; and the Spire-Cross-Steeple , called Gastignes Cross erected in the rage of the Civil War , in Triumph and reproach of the Religion ( a Monument of Civil Dissention ) was by the Admirals request overthrown . Great Assistance of Men and Ammunition sent to the Army of the Prince of Orange into Germany ; And order to the Treasurer , to deliver moneys to the Admirall for the Publick Service , without accompt . In this Interim , the Queen of Navar was impoisoned at Paris by a pair of perfumed Gloves , by one Renat , a cunning Apothecary , and so the Kingdome descended to Prince Henry her Son , who was to be affianced to the Kings Sister , and the Mariage solemnized with respect to eithers Religion . And five daies after the Admirall solicited the Council in behalf of the Religion , and returning home with divers Noblemen , he was shot by a Harquehuss out of a Window , through both his Arms , by one not certainly named , but the Abetters were Guisets . The King visits the Admiral in some danger of Death , from whom he receives advice and Counsel in his private affairs , and with great affection and thanks , the King commanded a Guard for security of the Admirals person , by Cossin Captain of the Kings Guard an utter Enemy to the Admirall , and all his Friends advised to draw into the Admirals quarters to be neer to him . Thus all things prepared for the purpose of a Massacre , the Queen Mother summons all the Confederates , with advice , to spare the King of Navars life , and the Prince of Conde , and the Execution to be the next night early , by Order of the Duke of Guise , who summoned the Diziners , and told them the Kings design to destroy all the Rebels of the late Wars , at the sound of the Tocksein or Bell , and the Mark of difference , a while Cross in their hats , and a handkercher about the arm . The Duke of Guise , with the Kings Guard , and the Bastard Son of King Henry , assisted by Cossins , beset the Admirals house , who nothing moved in respect of the Kings several sacred Oaths to peace , the league with the Queen of England , Articles of Treaty with Orange , Faith to the Princes of Germany , some Towns taken in the Low-Countries by the Kings Command , the Mariage of the Kings Sister , solemnized but six daies before , Ingagement of Forein States , shame and dishonor to the Law of Nations ; all was by him argued as security . Cossin with others , enters the house , and slew all in his way ; the Admiral comanded his Servants about him to fly , and shift for themselvs , being ready himself to dy for the Church . ●he Villains enter his Chamber , Benuese a German , thrust the Admiral into the Body , and Attin a Picard shot him into the Heart , with a Pistol , and threw his body out of the Window , down into the Court , where the Duke de Guise , and the Bastard , and other staied to view it , and so marching out , cryed , that this was the Kings pleasure , for that the Conspirators had resolved to kill the King. The Admirals head was sent to Rome , his body dragged through the Streets , and after hanged up on the City Gallowes with a rope by the feet , and so all that day murthering and killing all of the Religion , Men , Women and Children . The King of Navar , and Prince of Conde , in the Louvre were sent for to the Kings presence ( their Servants being all slain ) and so preserved ; all the Noblemen and Gentlemen their friends slain , and the next day a fresh murthering ranged through all the Cities , and all the Offices and Places of the dead presented to the Murtherers , and by this Example Post news commanded all the other Places of Reformation to be so butchered throughout France , ●s in Orleance , Angiers , Viaron , Troys , and Auxerre , &c. The King fearing the Dishonor of this base Treachery , and perjury , posted Letters to all his Governours of Provinces , and speedy Messengers to England , Germany and Switzerland , of this great Commotion in France , raised by the Duke of Guise , and his Complices , upon the Guard and person of the Admiral , and his Friends , with the Death of many , and hazard therein of the Kings person , his Mother and Brethren by the safety of his Castle the Louvre ; this dissimulation he was forced unto for the present ; and yet within two daies after , declared in open Parliament , that the Admirall and his Confederates had conspired his death , with his Mothers , Brethren , and King of Navar , which was prevented by the others death . And this was published in print to this day ; and from thenceforth all publique meetings of the Religion were forbidden . Some Reluctancies there were of several persons that conclude this horrid fact , surpassing the memory of all former ages ; Others compare it with the monstrous murthers of King Mithridates , who with one Messenger and one Letter , caused an hundred and fifty thousand Romans to be slain ; some said it was like the murthers of Peter of Aragon upon eight thousand French in Sicily . The difference was , their cruelty was executed on Strangers , this on the Kings own Subjects and Countreymen . These Discourses put the King to consider how to blanch this monstrous act with some colour of Iustice. And therefore they framed a Body stuffed with bottles of Hay , for the Admiralls , dragged again about the Stre●ts , his Arms and Ensigns of Honour to be broken , his memory by a form of ●riting condemned , his Castles and Houses razed , his children infamous , and his Trees and Woods to be hewn down from the height of six foot . One Cavaignes and Briquemaul , men of excellent merit ( the last being seventy years of age ) were imprisoned and tormented for to subscribe , That they were of counsel with the Admiral to kill the King and his kindred , which they indured with horrid reluctancy even of their Tormentors , with great constancy , and therefore they had a form of Iustice , and were executed with the Halter , and so was the man of Straw the Admiralls Image , hanged with them for a ridiculous example , first murthered , and then by a mute arraignment , sentenced and executed . Such as fled from slaughter , or were hidden in the woods , were by fair words in a Proclamation promised mercy , but returning home were sure of the slaughter . And so throughout the whole Realm of France , for thirty dayes together , were so many thousands massacred , that besides the unmaried , there remained above an hundred thousand wid●●s and children , well born , begging their bread . When all was done , and wearied with slaughter , The Edicts came out , that the former Treaties of Pacification should cease . And a form of abjuration for such as were terrified by others sufferings to renounce th● Religion , and none to be suffered to profess other than the Romish faith . Whilst these sparks of former feud lay raked up in embers by pacification at home in Scotland , Bishop Ross in England , and but imprisoned in the Tower ( as you have heard ) though a man full of plots and policies , yet his privileges of Ambassador affording him protection for his life ; It being too much suspicious to send him under hand to his grave , and legally they could not . He was therefore released , after 2 years imprisonment , and packt away over seas , into France ; in whose time of imployment here , as a faithfull servant to his Queen , many Co-actors were put to death , others detected and imprisoned , yet even with his parting , he left not unattempting ; and was for many years following , beyond seas , with all the Catholick Princes in Christendome , a most pestilent disturber of Queen Elizabeths quiet ; for not long after , he delt with Henry 3. of France , to turn Morton out of his Regencie , and to steal the young King thither , whose faction in Scotland might weaken thereby ; and as he grew in years ( with the French Tutorage ) his affections might decay towards the English ; the ancient league with the French strengthned , and with England dissolved . In this small time of cessation from War , the Scots without cause to implore England for any ayd or relief . The Governours of each Borders assign a meeting to compose differences for eithers quiet , against the usuall rapines of Robbers ▪ where , disputes began , and quarrells followed : the English were worsted , and taking the neerer way , fled from the fury into Scotland , and so for justice to Morton ; whose censure being much too partiall , not onely in not doing right , to punish his countrey men , but dismisses the English , with much ado● , by Subscription , and Pledges . This behaviour of the Scots , soon incensed the Queen , who being presently upon the posture of a Bordering War , Morton prudently layes blame on the Scots Commanders , beseechet● her Majesty not to raise a War with them , whose maintenance must be with much blood , the common cause necessarily begging defence of peace , betwixt the two Kingdoms , and if civil War should follow upon Scotland , it might introduce a necessity in them , to call in the French , whom she in her Princely affection and great wisdome , had but lately afforded them the means to ridd away . And that before time should grow elder , his endeavours should be with such good offices and service for her Majesty , as might countervail the inconveniences already happened . And for questioning of the Governour , he remembred a president under Henry 7. for expiation of Sir Robert Carrs death ( then Governour of the middle borders ) which was then referred to a meeting in Scotland to enquire . This gray-hair-instance incensed her the more , untill the Scots Governour Carmichell was sent to answer it in England , and then indeed , his Present of Hawkes to the Courtiers , became a saying , He gave them live Hauks for dead Herons ; Two Brothers of that Name Herons killed in the fray . This petty disturbance , gave time and leasure for the Praecisians ( now so stiled ) not to forget their ministerial ragings , who evermore upon such occasions put in a spoke for themselves , because their stipend was not redressed . And herein were so presumptuous , as to utter their fancies , and to act what ere they thought best for their advantage . But herein the Regent stopt them in their Career , remembring them of the Treaty of Lieth , which forbad all Innovation in Religion , during the Kings Minority . This year took away James Hamilton Earl of Arran , and Duke of Castle-herauld at Poictures a Province in France . He was Grandchild to James 2. And after the death of James the 5. In the vigour of youth , and Mary his daughter succeeding in the Crown , she had this Hamilton a while for her Protector , and then declared her Heir apparent . A mild man and tractable he was , though her birth and quality , drew on turbulent spirits , to bring him on the stage , and sent him into France with her , where he was caressed for their party , and created Duke , and Captain of a troop of Horse . Somewhat he medled in state , after his return home , but soon retired into privacie ; for which the mad-headed Ministers and Buchanan blamed him of sloth . From him , proceeds 4. branches , James Earl of Arran ; John , Claud , and David , three of them infected with the Mothers disease , became frantick , or rather bewitched . At this time was Iohn Ormston , commonly called black Ormston , because of his Iron colour , apprehended and had his tryal , and executed for being guilty of the late Kings Murther . Likely enough to have discovered more particulars than he did confess , being Intimate with Bothwell , who communicated the purpose to him , and shewed him the subscriptions of the Earls of Argaile , Huntly , Secretary Lethington , and Balfore , testifying their consents to that horrid Act. Nevertheless the Regent permitted Balfore to enjoy the benefit of the Pacification , passing an Act thereof in counsel , to the regret of many : for though it was doubted whether the subscription of Arguile and Huntly , were not counterfeit , but of the other , the hate to their persons , made the sensure of their guilt , easie of beliefe to all , but Arguile dying soon after , his office of Chancellor was conferd on the Lord Glams . Adam Heriot Minister of Aberdee● dyed this year , and of their Church is accompted worthy Record ; he had been a Fryer of the order of St. Austin , living in the Abbey of St. Andrews , learned and eloquent in the Pulpit , subtile also in school divinity . The Queen Mother , heretofore , hearing him preach , was so affected to his wit , and judgment , and integrity , that in reasoning with some Lords upon the Article of Real presence , she offered to be concluded by Heriots opinion ; who was required to preach thereupon , before her , and a numerous Auditory . But there he flaggd so prevaricate , as most men were unsatis●ied , of which being sharply censured by some , his worthy friends , he fell into sadness and regret of soul , till he did openly recant , and renounce Popery , and forthwith joyned with the then congregation . And afterwards in the ordering of distribution for Ministers amongst the Burgs , he was elected for Aberdeen ( the place then , of the ablest Papists ) the rather , therefore ; to reclame them from their errors , by practice of Piety , profound preaching , wherein he profited , to again of many to the faith in 14 years labour : and dyed 60 years of age . And now was Andrew Melvil , a fiery zelot labouring for the absolute Presbyterial discipline of Geneva , i●sinuating with Iohn Dury minister of Edenburugh in their Assembly , to question the lawfulness of the Episcopall function , and the Authority of Chapiters in their election ; but himself ( cunningly pretended ignorance ) but since the question was so started he commended the speakers zeal , seconding the purpose , with a tedious discourse of the flourishing estate of Geneva Church , and the opinion of wise Mr. Calvin , and reverend Mr. Beza , and came to affirm . That None ought to be Officers in the Church , whose Titles were not found in the 〈◊〉 . And though that of Bishops were in Scripture , yet not to be taken in the same sense , that commonly was conceived ; Christ allowing no Superiority amongst Ministers . Himself only Lord of his Church , and all the Servants in one degree , having like power . Concluding , Then the Corruptions of Bishops were so great , that unless removed , Religion could not be long preserved . Hereupon divers are selected to confer three to three , and concluded their opinions to the Assembly . 1. That the Name Bishop was common to able Ministers of a flock , his chief function to preach , to administer Sacraments , and exercise Ecclesiastical Discipline with consent of his Elders . 2. That some one Minister might oversee and visit such reasonable bounds besides his own flock . 3. And he to appoint Preachers , with advice of the Provincial Ministers , and the consent of the flock . 4. And to suspend Ministers from their Office , with consent of the Ministers of the bounds . It is strange that the Arch-bishop of Glasgow , and six other Bishops with Super-intendents ▪ and all interessed , were not called to the conference , though present in the Assembly . Nor doth it appear that they spake at all therein , so humble to hold their tongues in a case of their own , or rather referring it to the Regents Wisdom , whose opinion had been ever to uphold Episcopacy . The next Assembly altered the question , and formed it , Whether Bishops as they were then in Scotland , had their function warranted by the Word of God ? But the Major part approved of those in the last Meeting . The Regent finding them so to differ , sent them word , to settle upon somewhat ▪ and to abide therein . Of which they take advantage , and with much ado present a form of Policy to the Regent ; Acknowledging in their Preface , That they did not accompt it compleat , but to add or diminish as God shall reveal vnto them ; But some Troubles in State prevent their further progress . The Regent flesht in the fury of rapine , having fleeced Commons and Clergy , and settled the North and South Borders , cared not for the Gentry , and grieved the Peers ; His neerest friends , the Earl of Angus , and others , forewarned him of his Slippery station ; But Morton , settled in the very seat of the Scorne● , careless of any complaints , made good his greatness by grace of Queen Elizabeth , whom he conserved with all diligent observance . His aim was to ruin Hamiltons house , hating them as his Hereditary Enemies , scared thereto by an old Wives Rhime , which bid him beware of Arrans Race ( Hamiltons Family ) whom he banished or suppressed . The two last years ( as it seems ) slipt away in shew ( I am sure in silence of any disturbance , for ought that Authors can tell , to much purpose ) but it is like the more was in secret hatching . For as the Queens Imprisonment grew to her impatient , so by Q. Elizabeth it was heightned to some danger . As a Wolf by the Ear. To keep her in durance , was her own disquiet , and to release her , dangerous to the State ; all their study was to counsel what to do with her , and with much difficulty it was agreed upon to put her to Death . There was one Antonio d' Peres , Secretary to Philip of Spain , escaped thence out of Prison , and over he comes to England , as best able here to do his Master most injury . He was grown intimate with the Earl of Essex , which being known to Caecil Lord Burleigh , he advised , that Essex might deal with him , to fish out somewhat from his Masters streams , which was done to the purpose , revealing all his designs for the imprisoned Queen , and being rewarded here , had his Invitation home again , with some hope of reconcilement and favor also , which fell out , not as he desired but as he deserv'd , for he was at last hangd for his labor . In many of his Letters to Essex , which since came to my hands , I find much of the m●tter , but for want of the Key , the Cyphers put me to trouble , with some consideration , What uneven policies there were , towards that poor imprisoned Queen . Don Iuan of Austria , Governour , for the King of Spain , over the Netherlands , proud and ambitious ; being Neighbourly acquainted with the Troubles of England and Scotland ( for to him all these discontented Fugitives repaired ) was made believe , that the Duke of Norfolk being gon , the Queen of Scots was most fit to be offered to him , and easie enough to be effected , with the expulsion of Queen Elizabeth , and assured hopes of both Kingdomes . To which purpose , he hastily makes perpetual peace with the Netherlands , and labours his time and means to infest England . But underhand to amuse Queen Elizabeth the more , gives her the occasion to congratulate the Peace , by sending the Articles for her perusal ; intending secretly with all speed to surprize some Pieces and Ports in England , and Scotland , with help of the Pope , who sent to the King of Spain in his behalf ; and the chief Fugitives of England and Scotland being with him , he in an instant , had swallowed the Conceit and Mariage of a Queen , with two Kingdomes to boot ; but his wilde ambition the sooner flatted , and he fooled into neglect , and disdain . And now dies that Princely Lady Margaret Dowglas , old Countess Dowager of Lenox , 63 years of age ; whom Queen Elizabeth kept in England at her elbow , whilst her sonne Darly was maried to the Scots Queen , and her husband had power there . She was descended from Henry 7. by Margaret his eldest daughter , maried to James 4. who had James 5. And being a widow , maried to a second husband , Archibald Dowglas Earl of Angus ; by whom she had Margaret Dowglas of Harbotel in Northumberland , who maried Mathew Earl of Lenox , leaves France and comes into England to Henry 8. And here invested with honour and land in Yorkshire . From these issued Henry Stuart Lord Darly , who maried Queen Mary , of whom came King James 6. So then , her descent was royall ; in King Edwards time in much honnor here , but after in adverse fortune , she lived supervivor to eight of her children ; thrice imprisoned for affecting mariages with Thomas Howard , son to the Duke of Norfolk ; then for her sons match with Queen Mary ; and the last was , for her younger son Charles , with Elizabeth Candish daughter to the Countess of Shrewsbury , and mother to the Lady Arabella . She was Nobly intombed at Westminster , an elaborate Sepulture , and then left living King Iames the sixth , and this Arabella , who was thus neer to the Crowns ; And therefore imprisoned hereafter by King Iames for intermariage with Seymor the now Earl of Hartford , but she died without issue , and so without 〈◊〉 of future interest to these Kingdomes . See anno 1616. Amongst other of Mortons plots and processes , raysing the Revenues of the Crown , one was , for recovery of some lands , which was given by the Queen to Mary Levingston whilst she was her maid of honour , and now maried to Iohn Simple , who made his best defence in his sute ; but fearing the Regents rigour , had passionately avowed , That if he lost his land , the other should lose his life . This , and other discourse , that he was countenanced by Lord Iohn Hamilton and his brother Lord Claud ; instigating also Adam Whiteford of Milton , Nephew to Simple , to kill the Regent in the street with an Harquebus . Simple upon Torture confessed all , and more also , his cowardize not affording him courage to hold out : Whiteford did better , his constancie was not terrified with the wrack , and therefore , gave suspition , that the others confession was extorted , by the pain , of punishment , yet to make out the matter , Simple was arraigned , condemned , and brought to the Scaffold , but pardoned ; the like had the other ; and both of them , the favour of the people , to blame the Regent for his rigour , whose main intention was thereby , to invalue these Lords and their estates , to his griping gain . One Allester Dow Macallan a notorious thief , was apprehended by Earl Athol , who was prohibited by the council , and charges directed against him , for exhibition of the man. the fellow being set at liberty by Arguile , falls to his old profession , and robd Athol , who in revenge invades Arguile , and so the countrey take uprore thereat , until an Herauld discharges those convocations , and cites them both before the Council , but were reconciled . Arguile goes on and arms against Claudonald , seizes the Regents Messenger , tears his Letters missive , and swears him and his Train not to return to tell tales . This insolencie , fires the Regent to revenge , and for the present did no more , than proclaim him Rebel . But these and other tumults shewed an Ecclipse of Ministerial Government , and gave means to private mens discontents , to open a way of complaint against the Regent . Alexander Arskin , attending on the King , takes advantage of Arguile and Athols reconcilement , plots with them , to open their Causes to the King , which they must countenance , and did , but so craftily , as that the one ( Athols ) counsel was called , upon the others complaint . And advise , to summon the Lords ( mostly enemies to the Regent ) to meet at Sterlin . Mortons avarice and lust subjects him , from his strength and Power that ruled all , to become weak in Authority over any ; His enormities of several natures , numberless , which brought him sodainly to sinck . Besides his fins , the Hamiltons were his Enemies , made so by his own malice , upon that Noble Family ; as also upon the Earls Athol , Montross , and Arguile , whose kinsmen he proclaimed Traytors , for not appearing at his Call. Arguile invites these Lords and others to accompany him to the King at Sterlin , with remonstrance of such grievances as the State groaned under ; and were seconded by fit Instruments , such as evermore reside at Court. He is sent for by the King , and Council , but delaies time to make Friends ; their opinions various , it was yet concluded as the safest way , to piece Friendship with Arguile , who refused , unless he would also quit the Regency . To this he demurs , and retires from his Enemies power . And this gave good occasion to the boisterous Praecisians , whose pursute was after such prey , as might innovate Authority , which they hated , because it was Regal , though Mortons interest had been ever to preserve them ; the Arch-bishops only being lately commanded not to obey the Synods Decretalls , against which they complain in the Pulpit , and having there the liberty of the tongue , for that time , they tell all to the people , and of more than he could be guilty . The Earl of Angus was his Ally in blood , and the chief of the Dowglasses , who with Carmichel a Commander of War , advise him to Arms ; But Morton rather submitted to a Parliament at Sterlin . Thither he sends his Friends ( but withdrew himself ) and with them his Papers and Notes expostulatory of his good Services , which were not liked , because not Petitionary . And thus they seemed to signify , and first , He craves leave of publique Iustice upon his Accusers . If otherwise that his Majesty thought fit to oversee their disobedience to authority , then to be pleased to disburthen him of his Office , and not to suffer his Royall Name and Authority to be despised in the Person of his Servant ; for as he had oft times made offer to demit his Regency to his Majesty , so now the more willing , if a Substantial course might be assured for preservation of his Highness person , the ordering of his Majesties Houshold , and dispensing of the Revenues of the Crown . And herewith he recommended the keeping of the peace contracted with England as a security to his Majesties Right and Title to Succession . And so recounting his former Services from the Kings birth to this present . His assistance at the Kings Coronation . His and his Friends hazard at Lanside field , the siege 〈◊〉 Brichen . His legations undertaken into England , the recovery of the Castle of Edenburgh , the Pacification of the Realm , all on fire a● his first entrance , the redeeming of Iewels and Plate of the Crown , and restoring of the Royall Patrimony to some reasonable condition . And in regard of all , he craved no more , than allowance of his expence , and a discharge of his Intromissions by the Estates of Parliament . These not sufficient to prevail , and his friends having littl● Power , and his bad Cause to plead , he was voted non-Regent . And accordingly into the hands of Angus , Claim , Ruthen , and Harris , he delivers the Crown , Scepter , and other Regalities , which were presented by them in a great Convention of Lords , and Angus invests them on the King , with the univocal acclamation of all . He having not yet attained to the years of youth , yet in this turbulent time , took upon him the Scepter , which was celebrated at Edenburgh , and the affairs of State rendered to the King now at twelve years old , but with assistance of twelve Noblemen , three of them by turns alwaies about him , and Morton of the number , as to bring him to reason , not to cast him quite off to ruin ; whose wit and experience was useful to the State , which he soon imployed to master them all . The deposing Mort on exalted the Presbyterian hopes , to erect the Geneve Discipline , by Pastors , Deans , and Super-intendents , and now to bring it about , they call a Synod , wherein all factions , to the prejudice of the King , were more cherished than Divine Worship intended ; for they decree , The Ecclesiastical Regency to the Super-Intendents , and left the Bishops only to one Church , and exempt from Iurisdiction ▪ to relinguish Episcopacy , and to omit Dispensation of Divine duties . The King withstood this decree , and revokes the business to his own brest ; and therein the Bishop of St. Andrews was the greatest Stickler . The adverse party had Andrew Melvin , a Man singular with them , but not with the learned ; His tenents were To vindicate equality in the Ministry , arrogantly endeavouring to suppress the Churches ancient authority , and to erect to themselves , a Statue of honour , from the ruins of the Bishops disgrace . Sick , and ill disposed , was the estate of Episcopacy , the Praecisians prevalent in number . The Nobles for Episcopacy , joined with the Kings inclination , To take protection of the fainting Ecclesiastick Discipline into his Care , commanding the other to infuse fidelity into the people , to abstain from innovation , to reverence Bishops , and follow peace . Mortons 〈◊〉 gave him time and means to meditate Revenge , and 〈◊〉 with the youthful inclination of the young E. of Mar , 〈◊〉 quarrel with his Uncle Erskin for assuming the chiefty of that family , and the usurpation of the Kings Tut●lage . It took fire with the Gallant , who secretly with his Train , possesses Sterlin Castle , his Uncle Erskin and the King , and puts by Arguile , one of the three Assistants . The noyse hereof brings the Lords into Arms , and their care of the Peace of the Kingdom , assign Commissioners herein , who decree all Erskins former interest upon Mar. The Queen of England sends Randolph , ( whose often Legations had made him exquisite ) to congratulate the King , whose rare and various Ornaments of Wit and Learning , eminent in such an age , as no Prince could ever parallel , assures the Queens great affection , and perswades the Lords to peace , which was patcht up for the present . But Morton grows insolent , abolishing the Triumvirate rule , and usurps all to himself ; of which Arguile , Athol , and Montross , remonstrate to the King , who refers it to the next Parliament in Iuly at Edenburgh , where secretly some Lords covenant , whom Morton undermines by fraction , and advises for the meeting at Sterlin , as more wholsom for the King and Nobles , but indeed fitted for his faction of men of Arms , and so it was to be there , in the Court of the Castle , and not , as usual , in the Common-Hall ; against which the other Edenburgh Lords protested , as invalid , and would not meet . But the Parliament sate , and the King this first time adorned with Majesterial Ornaments , Robes and Scepter , told them , That it was not material where they met , so his safety were included ; that his Court entertained all , excluded none ; However this place should be no Prescript for posterity ; that he intended no innovation against his Predecessors Institutions ; that the opinions of a few , should not dictate to the whole , and so approves the Act by Proclamation . Montross , a Commissioner for the Lords remaining at Edenburgh , posts thither with this news , they take Arms ten thousand men , and yet declare for the King. Angus , Mar , and Morton , do the like at Sterlin , wh●re both sides incamp , but fought not , at the earnest endeavour 〈◊〉 the English Ambassadour Sir Iohn Bowes , and all disband . And to piece this Discord , the King proposes Moderators , Lindsey , Harris , Ogleby , Innerness , for Arguile ; and Rothess , Bucan , Ruthen and Boyd , for Morton ; but not prevailing , Morton retires to his Palace at Dalkieth ; In whose absence , the Delegates accord , and he , and Arguile , and Athol , meet and feast at Lieth , which so pleased the King , that he congratulates those whose endeavours had acted so much good , and they again discuss , what can be commodious for his Princely Dignity , Magnificence , and Profit . And it began to be time so to do ; the Kings wants the Council supply by over value of Coyn ; which the Citizens withstood , as over bitter for their digest ; Experience having taught this truth , That the value of Silver , alters the price of victual and all vendables ; the King , as the great Rent Master , or Land-lord , bearing the greatest Loss for the future , though not discernable for the present , to his raw young Counsellors ; and this trick was put upon Morton , and worse happened to his destruction . The Earl Athole , Lord Chancellour , by the extremity of his disease , yielded to nature , or rather a delaying , consuming poison forced him hence ; the suspition fell sadly upon his Corrival Morton , and the revenge fell into the Power of Arguile , who was chosen Chancellour in his Place . This occasion no doubt , the very Devil put into Mortons head , to work himself mischief ; for in pure Conscience , he intimates to the King the story of his death , and so instigates his anger , against the Hamiltons , remembring also , the slaughter of his Grandfather Lenox , and of Murray , late Regents ; and for these other crimes ( aforesaid 1573. ) and so begins their persecution with fire and Sword , assisted with Mar and Angus . The Hamiltons within their Castle , and other places besieged , were forced to yield to the Mercy of the King , who executed the Actors of the Paracide , and pardoned the rest . Iohn , and Claud , the Sons of the late Duke of Castle-herauld , in great distress what to do , adventured to fly into England , whom the Queen vouchsafed harbouring , and sent Master Erington , to intercede with the King. The next Parliament was in October at Edenburgh , where the King shewes himself to his People ; his years advanced , with his Princely understanding to extraordinary Fame , requiring his person more publike than at Sterling . Solemnities and Ceremonies of Princes being the formal entertainments of reverence and respects . And so he rode in all possible State , the first day of sitting . A great novelty to many to find Majesty in Man , that had but seen the shadow , for m●●y years in Queens or Counterfeits , but now attracted from the peoples hearts and hands venerations and blessings . He tells the Houses the benefit of peace , and this blessed opportunity to confer with them , for the good of the Kingdome , which his non-age had denyed them , administring rather occasion of Commotion , than the remedy of publick grievance ; which now he resolves to redress ; alwayes reposing confidence in their wise Counsels , and calls God to witness , his part aimed at the Preservation of Religion , Subjects safety , and Kingdoms security . And first he enacted . The form of Confession agreed in anno 1567. To the Prescript administration of the Sacraments in Act and Will. That the present Religion embraced was to be esteemed Orthodoxal in doctrine and discipline . And to be imposed upon all that went beyond seas , by Oath and Subscription . The Bible commanded in Scotch to each family . The Power of Ministers regulated and limitted ; And the Discipline erected by the Bishops and Super-intendents ( which had suffered some Diminution , but no Synodical act for abolition ) should be confirmed . And so with prosperous effects , the Parliament ended , and the King returns to his Sports at Sterlin . The Presbyters now took up some colourable fears , upon landing of one Amys ( or Amatus ) Stuart Lord Aubigny , so called from Aubigny a Village in Aquitain ; a French-man born , but of Scots family , and kinsman to the King. A notorious Guisit ( and Papist , as they would have him . ) The Town Aubigny was ( by Charles the seventh of France ) given to Iohn Stuart of the family of Lenox , who commanded the Scots there , and worsted the English ; which Town and Title , depend ever since , on the younger Sons , and so on this Man. He was sent over by the Guises , or rather sent for over by Montross , and Arguile , to subvert Morton , or to break the Truce twixt England and Scotland . And no sooner landed , but received with all honor , and advanced in trust ; created Earl of Lenox , and after created Duke ; a privy Counsellor , of the Bed-chamber , and Governour of Dunbarton Castle . He was soon accused for engrossing so suddenly so much favour , and since it hath been taken up for advantage ; who ever was like to please the King , was thereupon cryed down by the Church , for a Papist ; and so he was presented to Queen Elizabeth , a dangerous Man , and what mischief an evil favourite might suggest to the Kings maturity ; fitted to act evil impressions ; his Mothers Designs , troublesome to both Realms , more easy and proper for him to execute . These in England , and somewhat at home , both together to wrest him from the King , and Bowes is sent from Berwick to charge it home before the King , and his Council . The Queen of England not liking any so neer the King so much of the French Faction , as he , and one Monbirneau , an Actor in the Massacre of France . Bowes , ere he entered into his errand , required to have Lenox and him dismist the Board , which was refused before the cause or crime were charged ; and bidden to produce his Commission for his peremptory demand , which he could not , and so was forthwith called home . Yet to prevent the prejudice of his anger , Alexander Hume is sent after to excuse it to the Queen , so to learn the truth of her mistrust ; She , as in such Cases to Messengers , so all Princes take , as Affronts to themselves , and so did She , and remits him to Burleigh , disdaining to see him her self . Burleigh Wisely assured him , the Queens affections to his own person , as a Protestant , and his merits to his Master , which she would own in any of his Ministers ; besides , she knew him a good Counsellor for her Kinsman the King , but denies you her presence , who lookes not upon any Ambassadour , from another , where her own have been unheard , and his Commission demanded , without President . But , these are the fruits ( said he ) of your young Kings new Counsellors , whose first principles are to discredit your best friends , and interess their factions , such as the Cosin Guises , and a Frenchman or two of theirs , sent over for that purpose , to hazard ruin to the State , if they be let to run on , unless , the Queens prudence and power prevent . And so he parted . Morton full of malice , retires in discontent to Dalkieth , disliking the state , and manner of Court Miners ; for in doubt of some danger to his own person , he came not neer the King , but as commanded to counsel . This distance gave his Enemies cause to fear , and to prevent his hatred , hasten their resolution to ruin him by the accusation of Iames Stuart , sonne to the Lord Ucheltrie , a bold-faced young man , and had his arrand to charge him home ; which he did , ( of murthering the late King ) and thus accused , to his face , and confined to his lodging , he might expect no better , than the last act of fate , to take away his life ; and though a Pensioner to England , this was done , without dread of any . But this ill news coming to Queen Elizabeth , she Posts away Randolph , now Post master of England , to remove Lenox , and to plead for Morton . And in their great Assembly he recounts the Queens favours , in freeing the Scots of the French , with expence of English blood , and treasure ; when her power could have seized all , for her self , the King then in his cradle ; his Regents successively owning these kindnesses , till Aubigny and that other , came in to ruine Religion , and rule the King , as their ward : producing letters to some purpose , which most men thought , to be counterfeit ; and so effected nothing . When nothing would serve his turn , to turn out favorities ; Randolph takes upon him to set them by the ears , and deals with both factions , Lenox and Mortons ( underhand ) working jealousies , to free themselves by force , from eithers fewd , which grew high and daingerous ; offering ayd from England , to set things square , which he made round . These being marched to the Borders , and the Scots ( as for the King ) prepared to receive them , the English faction withdrew then , and being discovered , many were sen● to prison , and Randolph thus far besides his Commission , durst not indure the power of his privilege , but slipt away , leaving his Nephew , and Angus and Mar , chief incendiaries to shift after ; and Morton to his just reward , who was forthwith arraigned , convict and beheaded , for the murther of the Kings father ; and so confest by him , before he dyed , with this excuse , that in those times of distraction , he durst not but to do so . The fatall Axe ( called the maiden ) himself had Patterned from that at Hallifax in Yorkshire , which he had seen , and liked the fashion ; for falling down between two posts , executed him sure and sodain . His Honour and Title was conferred on Iohn Maxwell . He was an able man in what he undertook , so that we may say as of Cato , In hoc viro , tanta vis animi ingeniique fuit , ut quocunque loco natus est , fortunam sibi ipse facturus fuisse videretur ; nulla ars , neque privatae , neque publicae rei gerendae , ei defuit , urbanas rusticasque res pariter callebat . He was slow of speech , with a natural composed gravity , his countenance Majesticall , his actions Princely , had not that guilt of too much gathering and griping , degraded those excellencies , and left him naked to deserve nothing . He desired to have a thing which dyed with him , the Scots lawes reduced into Methode , and it was urged as useless . A great question with them , to have Order in any thing that had none to serve God ; their opinion then hath since infected us . His great wealth got together , was scattered by unfaithful hands and hearts . Livor post fata quiescit . Discite mortales , mortalia temnere , & illa Quaerere , quae miseris non rapit aura levis . About this time Ruthen ( lately created E. Gowry ) the son of William Ruthen Queen Maries deadly Enemy , with other conspirators , under pretence of conserving the peace of Religion , to which they were urged by the factious Ministery , and which to secure , they endeavour to remove Lenox and Arran from the King ( that was their colour ) but in their absence they invite the King to Ruthen Castle , and their seize him Prisoner , with threats of death , untill he consented to the imprisoning of Arran , banishing of Lenox into France , and the return of the fugitive Angus out of England . Of this the distressed Queen of Scots , Prisoner at Sheffield , writes to Queen Elizabeth a long letter full of miserable sadness , Exquisitely expressing all her sufferings , from the first of her subjects very oft Rebellion against her , from which persecution being invited by her Majesty to rest secure upon her Princely succour and defence , she is now by length of time drawn on to dispair of release from that hand , which lodes her with lingring of a lothed life ; plainly and justly demonstrates her , to be active and passive consenting to all her Mishaps . She calls God to witness her Impartial affection to her Person , and her innocency from prejudice of her affairs and State. Desires justice of God and her , and implores the mitigation of her misery , and some more freedome , though with Imprisonment of her Person . Layes all particular differences home to the Conscience of the Queen , and signs to her Letter , Vostre tres desolei plus proche parente & affectionate Seure Mary Reg. Indeed these were sharp and peircing , which so much disquieted Queen Elizabeths Conscience , that she consults to release her , jointly to govern with the King. And eight Articles were drawn up ( even such as they were ) the world knew she would never refuse ; for her extremity enforced her to yield to most unreasonable : but this was but to spin time , till the State could find some other expedients , or some exceptions , which dayly happened by Examinations , Confessions , or Suspitions , grounded upon slender , yet continual attempts of private persons , and publique Designes of Forein States , for the poor Queens interests ; which failing for her good , she was , though innocent , sure to smart . But because the manner of the Kings restraint in Ruthen is diversly related , and which the Kirk justified for their own ends , I shall adventure upon the Truth in these particulars hereafter . Some of the Lords combining mischief to the King , under colour of Religion and Liberty of the Kingdom , took occasion and advantage of the Duke of Arrans absence from the Court , and detained the King at Ruthen . These Conspirators were Iohn Earl of Mar , William Earl Gowry , Lords Lindsey , Boyd , Clames , and Oliphant , Some Abbots and Lairds , and stopt the King going to hunting , who not being answered to the reason and cause , grew in passion , which concluded in tears to be thus vilified . But it was reproached , That better bairns should weep than bearded men . This news hastens the Earl of Arran to Court , where he was soon secured , and bid be patient , with safety of his life , for his brother William Stuart was wounded by the way , and kept Prisoner . The like course they take with some Noblemen sent by the Duke of Lenox to enquire of the King. Who cried out to them that he was a Captive , and desired his good subjects to release him . The conspirators excused themselves , that their surprize only restrained the King from Arran , and from Lenox , whose banishment they threatned into France . And forcing the King to pacifie the people with a Proclamation , That for removing some differences , His Majesty interposed himself Mediator , and resolved to reside at Perth , being his own free and voluntary choice , and commanding such as were in Arms upon pretext of his restraint , to dissolve within six houres , on pain of death . The Duke raises Forces , but was countermanded by the Kings Letter , to depart the Realm within twenty daies , yet he retires to Dunbarton , where the Noble-men , and others , flock to defend his Cause . These uprores were posted to Queen Elizabeth , who sends Sir Henry Cary , and Sir Robert Bowes to advise the King to be counselled by the Lords , against the Duke and Arran , and to restore the Earl of Angus , exiled in England since Mortons execution . This last was obtained , and soon after , he was accepted into favour , but much ado to incline the King to part with Lenox . The Lords carry the King to Edenburgh , where the Ministry justifie their act , joyfully singing in Procession the 124. Psalm , New Israel may say , &c. And the Assembly then convened , ratifie the attempt on the Kings person at Ruthen , and published it in all the Churches of the Realm , to the regret and grief of all good men , to see a bad cause thus coloured over and defended by the Church , which made much for their Popedom , that by these means of distraction the Lords gave themselves up to be governed by the Others Judgements . Many there were that sided herein , the most honest refused to subscribe . But Arran was detained prisoner , till the Duke was gon over Seas to France , who fell sick at Sea , and had leave to land at Blackness , and so to pass , by Queen Elizabeths favour , though England , where his sickness contracted into a Disease , of which he died in Paris next year after , and confessed the faith of the Church of Scotland , which he alwaies maintained , though in the Kirks policy he was accounted a Court Papist . Two Ambassadors come from France , Menvel and la Matt through England , with whom was sent Davidson from Qu. Eliz. to undermine their Message , being , To work the Kings Liberty , to confirm him to the French , and renew the purpose of Association , which was ▪ That the Queen of Scots should communicate the Crown with her son , and administration of Iustice , so that he may be acknowledged a lawful King by all Christian Princes ; and thereby all domestique factions suppressed . This Embassy was voted in the Kirks Assembly to be a special grievance , a wicked practice , declaming in their Pulpits against la Matt , who being a Knight of the Order of St. Esprit , wore the badge of the White-Cross upon his Shoulder , which they called , The badge of Antichrist , and him , The Ambassadour of the bloody Murtherer , meaning the Duke of Guise , who sent him thither . The King , not able to do it otherwaies , desired the Magistrates of Edenburgh not to demit them without a Feast at parting , which was concluded on the Monday after . And all cost prepared in Order thereto . When on Sunday the very day before , the Kirk proclame in their Pulpits the next day to be kept fast ; and in malice to the Kings honour therein , appointed three Preachers , the one succeeding the other , to weary the poor peoples attention from Morning till night , Thundering Curses , Anathema's and Excommunication against all Nobles , Magistrates and Others that attended the Ambassadors . The good King sees these insolencies , but lodges them up in silence , till he got power to remedy these wrongs . About this time dies Buchanan , whose Character is chronicled by the Arch-bishop of Saint Andrews in his History of their Church , For his excellent wit and incomparable learning . Born near the Highlands . After his first commitment 1539. for his versifying against the Fryers , he escaped to France . Returning 1560. he professed Philosophy at Saint Andrews , and became the Kings Tutor . He is concluded by all moderate and faithful Recordes , That he penned his Scotish History with eloquence , and with such Judgement , as that he is justly blamed by most men , for joining with all factions of the time , and evermore to justifie any base and scandalous proceeding against Queen Mary , and falsly and fowly he endeavoured to depress the Royal authority of Princes , siding with the Treasonable tenents of rebellious Subjects , which afterwards he expressed with bitter unmanerly sauciness of his Soveraign Queen then deceased . This is the joint opinion of some , with whom we may be convinced to incline . This next Summer the King got free from his Attenders , for being in Faulkland , he desired to visit his Uncle the Earl of March then at Saint Andrews , where he took a view of the Castle , and being entered , the Captain of the Guard , Colonel Stuart ( acquainted with the Design ) clapt to the Gates and shut out the Company , and the next morning came the Kings friends the Earls of Arguile , Marshall , Montross and Rothess . And of his former Jaylers none but the Earl Gowry was admitted by the Collonels means , who had been his Servant , and upon his humble submission for his Fact at Ruthen , was received to mercy , and all these Lords elected his Counsellors , with Inhibition that none should presume to come to Court with more attendants than fifteen with an Earl or Bishop , ten with a Lord , or Abbot , or Priour , and six with a Baron . And now declares in publique , That however his Majesty did with patience perforce indure his restraint at Ruthen , and all those former passages of Treasonable disloyalty , yet willing to be an Example of Clemency to others he in favour pardoned all , admonishing the Lords to do so too amongst themselves . Yet their consciences accusing left not to convene in tumult , and therefore for more security to the King , they were confined to several Places by Proclamation , which they disobeying were denounced Rebells , except Angus , who submitted ; and now was Iohn Metallan , admitted Counsellor , and hereafter became Chancelor of State. These affaires took up the summer , and at the fall of the leaf comes secretary Walsingham from Queen Elizabeth , expostulating the Kings receiving of Arran and casting of his nobles , who though thus mutenous as you have heard , were yet justified by her to be defenders of his Crown . The King told him , He was not to be taught to rule in his own affaires , being as free , as his Princess , and that his promise against Arran was made under his restraint , but now being at liberty himself he doth him but the like justice . Expecting his so much friendship from his Sister the Queen , not to countenance his subjects in Rebellion . The Ambassadour replyed that his Mistress medl●d not , but for his good , and complains that one Holt an English Iesuite and plotter in Throgmortons treason , should be imprisoned by the King , and yet permitted to escape by means of the French , and not rather sent to the Queen ; he was answered that Archibald Dowglas guilty of his fathers murther and in England , was not rendered to him , as was desired . Though in truth , Holt got loose without leave . And so the discourse ended in peace . And in November Lodawick eldest sonn to the late Duke of Lenox , from France at 14 years of age ( the King having sent for his Brethren before ) Investing him with his fathers honnors and lands , and the Earl Montross to be his Trustee . Some years after came over his sisters , Henrieta married to the Earl of Huntley ; Mary to the Earl of Mar ; the third avowed her self a Virgin to the Cloister . A younger sonne remained in France untill the King came into England , where he was advanced to great honors . Thus did a gracious King for a distressed family . The former Declaration against the mutenous Lords , could not deter them from conventions , pretending the time too short , which was limitted for their submission unto confinement . And therefore in an Assembly of the Peers the King renews his offer of pardon to such as would confesse their foule act at Ruthen , and submit to conforme themselves accordingly . The Earl Rothess protests his subscription to that fact , was forced upon him , and repents to mercy , from whose example the rest followed , and the faction to fall asunder . They had pardon and leave to depart some into Ireland , others to France . Amongst whom was Gowry who yet delayed his journey , whilst he fell into new practises , which brought him to his death . No wonder , to finde the Ministery much concerned in their Sermons to justifie , one or other of these Revolters , and the fact of Ruthen , necessary and lawful . Andrew Melvil affirming to the Council , That the Presbytery only had power and authority to judge and censure the Pulpit , and not the King , nor his Council . In primâ instantià , to meddle therewith though they should be treasonable . Telling the King to his face , That he perverted the laws of God and man. Upon which he was charged to enter his person in Blackness forthwith , but he turn'd back , fled to Barwick that night ; and alwaies after the Ministery complaining , That the light of of the Countrey for learning , and the only man to resist the enemies of Religion was exiled , and compell'd for his life to quit the Kingdome . And though the King descended to satisfie the people by Proclamation therein , yet it caused a murmuring , and encouraged Gowry , to expect Mars and Glammins returne out of Ireland to joyne in Armes , for Reformation of abuses in Church and State , for preservation of the King and Kingdome . The wonted old pretence of all Rebells . Gowry to colour his intended treason from suspition , comes to Dundee , and there presseth a ship for his voyage . But the King quickly advised , sent Collonel Stewart Captain , of the Guard to seize him , who with others made some resistance , but the Town concurring with the Captain he was taken and conveyed to Edenburgh under costody of Arran . Within two daies after Angus and Mar surprise the Castle of Sterlin , but hearing of the Kings march , with formidable forces , they fly into England . Gowries confession under his hand sets down their practises thus , That himself perceaving the Kings favour declining and his estate aimed at by power of his enemies , he was forced to seek his own relief by concurring with other Nobles in the like Case , by the means of James Erskin , who travelled therein , and assured me of their Return to Sterlin , where we concluded , That at home it was expected , that all those who subscribed the bond in the first alteration would join with us ; and besides them , the Earls Marshal , and Bothwel , the Lord Lindsey , and others of the West ; From England we expected supply , and that the Queen would intercede for restitution of the Hamiltons . At his comming to Sterlin he writ to the King , thus ; Please your Majesty , It is neither diffidence nor despair in your Higness favour and clemency towards me , nor any desire I have of life , that moves me to require some short audience of your Majesty : But there is a purpose of such weighty importance , which is needfull to be imparted to your Highness , that might have endangered the Lifes and Estates of your Mother and your Self , if I had not stayed and impeded the same , the relation whereof concerns you more than the lives of 500. such as my self , wherein I am assured of your Majesties gratious answer . The matter is not the concealing of a Treason , but the revealing of a benefit , April 1584. His Petition is denyed , and the same brought in evidence at his Tryal , being in May indicted of four points . 1. That in February last David Hume ( Mars Man ) came at night to him at Perth , communicating the surprizing of Perth and Sterlin , and so concealing and consenting to Treason . 2. The like he conferred with James Arskin a Trafficker from Mar , Angus , and others . 3. That being in Dundee , and charged by his Majesties command to render himself to the Lord Petten Weym Chancellour , and Captain of the Kings Guard , he did notwithstanding oppose him with Men and Arms , convoking aid of the people to assist him in his Treason . 4. That being obliged to maintain his Majesties , Life , Honour , and Crown , and having Intelligience that concerned the life and estate of the King and the Queen his Mother , he treasonably concealed the same . He excepts against Sir Iohn Gourdon , who sat chief Justice , for some enmity betwixt Gartland ( his Kinsman ) and him . But this exception was soon refelled , being only affinitas affinitatis . Then , that the Nobleme● that examined him , promised that his confessions to them , should not be urged against him . But it was answered , That their words could not warrant him . He stood upon fourty daies time to answer for Treason . He was told , that the King might arrest at his own pleasure . To the last point of Indictment , That what he offered to reveal to the King was not of Treason . But he was answered , that the concealing might tend to the Kings destruction . The Indictment was found , the Jury were eight Earls , and eight Lords , and his Sentence as in Treason , and so in the evening was only beheaded . He had been of good Fame and Honour in Court , accounted wise , yet he dealt in Witch-craft for revealing the future state of things , though for the general misopinion I find of the Presbyters against Judicial Astronomy , we may conceive him no otherwise liable to their idle censure therein . Nor was he accused thereof in his Tryal , nor did repent of it at his death ; yet is acknowledged to take it with peace and patience in contempt of the World , and assurance of Gods mercy . His Death shewed the way to Archibald Dowglas and Iohn Forbess , executed after him , the rest of the Conspiracy had Banishment or Pardon . The Ministers had been nibbling at these treasonable Baits , and Polwart , Galloway , and Carmichel , not compeering , were denounced Rebells , and fled into England . And in this Parliament in May , the Attempt of Ruthen , was ratified , the Kings authority over all persons confirmed , the declining his Majestyes Iudgement and the Councils to be Treason , the impugning of the authority of the three Estates , or procuring their diminution to be Treason , all Iurisdictions and Iudicatures spiritual or Temporal , not approved by the three Estates , to be discharged . And an Ordinance made , That none should presume , privately 〈◊〉 publickly , in Sermons , Declarations or Conference to utter Speeches to the reproach of the King , his Parents and Progenitors , or to meddle with the Affairs of State under grievous 〈◊〉 . Now was the Ministers Spirits on fire , that they were not first heard , and Lindsey , was committed , Lawson and Balcanqual flyes into England , so did Poul , who impudently protested against the Parliaments Ordinance , and were all accounted Rebells . Hereupon the King declares his Reasons to curb the Ministers . First their allowance of the Fact at Ruthen . Melvils Declining the King and Council , The Fast kept when the Ambassadours were to be feasted , and other general Fasts through the Realm without the Kings Authority ; usurping Ecclesiastick Iurisdictions . Alterations of the Lawes at their pleasure and a number of such abuses . To these they impudently replyed in Pamphlets , Libells , and 〈◊〉 pens against the Court. And Letters from those Fugitives to the Ministry and Session of the Church and Council of 〈◊〉 Town , Excusing their Absence , for resisting the wicked Ordinance , and not submitting to the Tyrannical Regiment of Bishops , whom they st●led Libertines , Belly-Gods , Infamous , That after their zealous wrestling with God , they had revelation to depart , and hoped after destruction of the Antichristian Prelates , to return home to their several flocks in Peace . But by the Kings direction , this insolent Letter was replyed unto by the Session ; wherein after the just confutation of their abuses on the King and State , They discharge themselves of being their flock , and of they their Pastors ; and thank God , the Revealer of secrets , that made them manifest their own shame , and relieved them from such wolves in shew of Pastors , and being assured that his Majesty will furnish them with more quiet●r Ministers , they commit the others to Gods mercy , and to repent for their former offences . This letter subscribed and sent to England , was copied out and divulged to their eternal condemnation , and out of regret of the guilt thereof , afterwards , Lawson died with grief at London . And at home occasioned others , to follow per force , many imprisoned , some executed for meddling with State-matters , Subscriptions and Sermons so treasonable , although the Kings mercy endeavoured to reclaim them , such were their insolencies , that sundry of them suffered for example to others conformity . These troubles in Scotland brought disadvantage to the poor distressed Queen Mary , for whose relief , some practises were set on foot in England , by Throgmorton , Lord Paget , and others , the Earls of Northumberland and Arundel , the Howards also ( rather suspected out of their general profession of Papistry and affection to Queen Mary ) and also by Morgan and others in France , and all for her ; As more particular by Mendoza the Spanish Ambassadour in England ; who being discovered , stole away secretly to Paris , being charged with Throgmortons Plot , to bring in forein Power , for which he was hanged . And Mendoza as boldly recharged this State with practices against his Master , for at this time England countenanced , the Netherlands , the Duke of A●joy , and Don Antonio the Portugall , and the Ambassadour of Navarr now in England ; and all these against Spain . But to colour these to excuse this State , and to complain of the Ambassadour , Wade , Clark of the Council , posts into Spain , whom that King refers to his Council , without vouch●a●ing to see him ; and not being heard at all , returnes home again . And by some papers of Creighton a Scotish Jesuite intercepted , and discovering fresh plots of invasion by the Pope , Spain , and the Guis●s , the State of England began more narrowly to look about , and to begin with the Queen of Scots miserable Tragedy , herein Leicester and other Lords associate by oath to persecute to the death the obstacles of Queen Elizabeths peace and safety . Mary fearing the effects , made the most humble and satisfactory propositions and concessions to what Queen Elizabeth could possibly urge , and to which she ( indeed ) inclined ; but the Scots opposed , especially to hear of her return home . And to assist the hight of evils , the Presbyters in Scotland are alwaies at hand , railing at her and the King in the Pulpits , and being summoned to answer their contempts , absolutely refuse , saying , That Ecclesiastick persons were exempt the Kings authority . Althought to suppresse their insolencie ( very lately , even this year , and last Assembly of States ) it was enacted , The Kings authority over all persons Ecclesiastick and Layick , and confirmed for ever . Their Assemblies , as well general as particular , were condemned , as arrogating boundlesse authority , when they list to meet , and to prescribe lawes , even to the King and Kingdome . And here the popular equality of Ministers were abrogate , and the dignity of Bishops restored , whose vocations the Presbyters had condemned as Antichristian . The scandalous books of Buchanans Chronicles , and his Dialogue De jure regni apud Scotos , and other such were condemned . So you see in this Parliament , the King had Royally and Religiously confirmed the Articles of true Religion , and had united to his Crown the supream Authority Ecclesiastick and Civil , heretofore usurped by Papists , and lately by Prebyters . Hereupon they declare the King inclin'd to Popery , and nothing to be left of ancient from but the shadow , and not being suffered to vent their spleen , they fly into England under pretence of persecution . Yet the King delt with them by hopes and fear . Appoints their appearance in November from all parts ; And were then pressed to subscribe obedience to their ordinary . To obey and acknowledge Bish. according to the Word of God , which words they construed to be a restriction or limitation ; for say they , The Word of God commands no obedience , Thus either deceived or deceiving , to redeem their ease with yeilding , cover it with equivocation ; some subscribed ▪ others refused , preaching against them . And evermore Praying for the banished rebellious Lords as the best Subjects who fled from ●yranny . Amongst sundry of such men that suffered trial , and others executed . Daglith the chief Minister of St. Cuthberts upon that score , and for corresponding by letters with Walter Balcanqual he was sentenced for Treason , but upon his humble supplication , was pardoned . David Hume and his brother executed , and indeed divers grand designes of Treason put the State to necessary jealousies and fears . Robert Hamilton accuses Douglas of Mains and Iohn Cunningham of Drumhosel , for conspiring to intercept the King at hunting , and to detain him , till the banished should return and receive him . Upon which they were found guilty , and executed at Edenburgh . And indeed Angus and others lay lurking at Barwick , who were removed therefore further into England to New Castle , lest the Lord Hunsdon Governour of Barwick should suffer suspition in their designes , against all reason of State , which now in England seems to side with King Iames , And at New Castle they lodge ; Iohn and Claud Hamilton retire and take up by the way to settle all here . The Scots Ministers wanderers were all found out , and called to the Juncto , Lowson Carmichel , Erskin . And Mr. Iohn Colvil sent away to Secretary Walsingham at Court. Who led them with hopes that the Queens fleet ( usual ) rigging was intentional for their interest ; this encouraged them , and gave occasion to the Scots Ambassadour to draw up Criminations against them , and so they were removed to Norwich , and after to London ; and lodge at Long ditch beyond Tuttle street against the Park-wall , to whom all their Ministers resort ( a petty corporation ) preach , pray , keep fasting , more than private , and were so bold , as to expect leave , to be allotted a Church of their own as French , Italian , Dutch and other strangers , but the conformity of language with us , and the deformity in discipline , made their request insolent ; of which they complain in their preachings , and therefore are all silenced ▪ which they say brake the heart of Lawson , their Malapert minister , or rather the letter from Edenburgh aforesaid renouncing him their Pastor , who deserting his cure upon pretence of conscience , not to subscribe , yet takes part the Rebells against his Soveraign . But the particular manner and occasion in Scotland was as followeth . In civill affairs , the Earl Arran comanded all ; keeper of the Castle , of Sterlin , Edenburgh , and Provost there , lately made Chancelor upon the death of the Ea●l Arguile . The office of secretary he conferred upon Iohn Metallan , Lethingtons son , having banished the Abott of Dumferlin ▪ who possessed that place , and made himself Lieutenant of Scotland ; which greatness , procured private envy of others at Court , ploting his ruine . To conserve him self , he endeavoured to gain Queen Elizabeth to be his friend ; and after , he had privately conferred with the Lord Hunsdon Governour of Barwick several legations were sent to England by the Arch-bishop of St. Andrews to confirm the Kings constancy in Religion , much suspected by the cunning informations of the banished abroad , and Kirkmen at home . And after him the Master of Gray came to remand the fugitive Rebells and Lewis Ballandine Justice Clark , was sent to accuse them , as guilty of the conspiracy of Mains and Drumhosell ; but indeed Ballendines interest conniving , his accusations were so slenderly urged ; that the very ground was laid , to work their restitution and Arrans destruction ; the Queen and her counsel under hand giving ayme to all . Arran abused with hopes of the Queens friendship , continues his greatness into terms of Tyranny ; against Athol , Hume and Casils ; With frivolous , arbitrary justice . It fell more particular upon the Lord Maxwell for refusing exchange of Lands ; the Barrony of Kinnell fallen by attainder , with the Barrony of Mernis and other Lands of Maxwell Heath . And to work out the mischief , the Lord Iohnston is made Provost , thereby being warden of the West Marches , might curb the power of Maxwell , whose right it was to the Provostry , and therefore rayses forces of his friends , and apposed Iohnston ; for which and other Insolencies , he is denounced Rebell , and commission to Iohnston with power to pursue him : Maxwell sends his two brothers to intercept Lamby and Cranston , ere they should joyn head ; in the fray the first is killed , the other made prisoner ; which encouraged Iohnston to incurse upon Maxwells lands by fire and sword , with great spoyl & booty : the same were answered upon return of the like against Iohnston ; who is taken prisoner , and the regret therof , g●eived him to his grave , shortly after . The Quarel now engages the States , who convene , and a subsedy granted of twenty thousand punds ( or pounds ) levied also to pursue him ; but the great plague raging at Edenburgh that expedition for the present , was put off till next year . In this interim Queen Elizabeths favour declines from Arran ; the occasion being a Tumult , arising between the Governours of the middle Marches , Sr. Francis Russell , son to the Earl of Bedford , was killed neer the Borders , the deed done by instigation of Arran , and Farneyhast ▪ the slayer , was denied to be rendred to the Queens justice ▪ yet not much insisted upon at that time , but rather to contract former friendship ; by Ambassy of Sr. Edward Wotton , offensive and defensive with the King in cause of Rebellion ; for then , came on , the Roman holy League ( so stiled ) with the Pope , Spain and Guisits in France and others in Germany to exterpate the reformed Religion in all Christendome , though principally aimed against Q. Elizabeth , who courts Leagues with other Princes reformed ; Sr. Thomas Bodly treats therein , with the King of Denmark ; Wotton with Scotland ; and at a Parliament in Iuly was by Act confirmed for ever , supposed sufficient , to return Wotton the sooner home . But he had private comands countermines for the fugitive Lords restitution , lately concluded before in England by the late Ambassadors ; with whom now he keeps private meetings , gaining time by the occasion of certain Ambassadors from Denmark , who under pretence of remand to the Isles of Orknay and Shethland , upon the Northern coast of Scotland , alienated of old from that Crown . But in truth , they propounded reasons of State , For a Mariage with the King , and a Sister of Denmark , happily effected 4 years after . These Ambassadours taking leave , the rumour grew high of the banished Lords Conspiracy , which causes a Proclamation for a general Convention of all good Subjects , to meet the King at the Castle of Crawford in October , to repell the Rebels ; which the English Ambassadours craftily prevent , whilest the Lords march apace , and come to rendezvous at Linton in Tweeddale , and there Covenant by Oath , not to separate till they should seize the King , and remove Arran : and thither comes Maxwell , with a thousand Horse and foot , that served heretofore against Iohnston ; all the rest making up but so many more ; and to be even with the King , they proclaim also ( the old and new Rebels rule ) Defence of the truth , the deliverance of the King from evil Counsellors , and add , the Amity with England . Interlacing each line with Odiums against Arran , amongst other charges ; That he claimed descent from Duke Mordach ( beheaded by King Iames the first , upon that title ) which Arran now takes up , to be Heir to the Crown , by the name of Iames seventh . And indeed this was now enforced , and a scandal , which all men ●nderstood ; for , whether he had feigned such a pretence the last year , or others for him had formed it , he was forced to purge himself then in Parliament , by serious Protestation ; which truly in pride of heart he did , rather to deceive the World with that folly . Thus far Wootton plotted with the Revolters agents at Court , and being almost discovered by Arran , he departs hastily , without leave , towards Berwick , and after him posts an Express , who overtook him at Anwick ; expostulating , Whether His Mistress directed him this mannerly departure ? He acknowledged to the Messenger , that he could not grant , that he came away Insalutato hospite , seeing he performed that Office with Heart and Hand ; and would ever endeavour , by all possible means , that his suddain departure , should rather help to maintain , than to dissolve the amity betwixt his Soveraign and the King. By the word Hand , he referred to a Letter , which he left for the King , in which he so far complained , that the cause lodged upon Arrans discredit , who ( he said ) governed all . By which Arran suspected somewhat ami●s , and accused the Master Gray for hastening Wotton away . The Lords Revolters that had intelligence of all , march with speed to Sterlin , and were let in by a back-way at Mid-night . And , whilest Arran was busie with the watch , at the other end , the Town was taken and rifled ; Arran and others escaped . The King inclosed within the Castle , sends out two Counsellors , to tell them , That humble Petitions better became the duly of Subjects Complaints , and private address more fit than to force their Soveraign , which violent forms they would find 〈◊〉 , that should be extorted by force or fear , and he never to want men and means hereafter to undo . They not as yet let in , were not to learn the art of dissembling , excusing their actions , by their miserable conditions , reduced to this necessity , to seek relief rather for the King than themselves . His honour and safety , highly endangered by evil Counsellors ( excepting them that were sent ) and labouring these with arguments to intercede for his Majesties grace and favour , and to admit their address to his person . The King knew their meaning , and intending to say no more than willingly they should hear of , For my self ( said the King ) I never liked the mans arrogancy ( meaning Arran ) but I must secure my Servants about me ; the quarrels betwixt Crawford and Glammis , Angus and Montross , and Col. Stuart , as ill beloved for serving me . No sooner said , But they vow , Not to arm for private quarrells of their own , or any others , not minding to mix particulars with the publique . Upon which , they get in , fall down on their knees to the King , and the Lord Hamilton , being the best in blood , was their spokesman , who only craved mercy . To whom , My Lord , said the King , I never knew you till now , and I am sorry to see your face in this fault ; you have been faithfull to my Mother in my Minority , and , I fear , may suffer more than these . As for you ( angerly browing upon Bothwell , ) Francis , what ailed thee that never could be injured ? But — To you all that mean me no mischief , I am pleased to hold out my hand and my heart , carying your selves from henceforth , as dutiful Subjects . It was no time to do other , and the next day in Council , to confirm by Act , their Pardon , and their Assistants , and so proclaimed . Crawford and Montross ▪ delivered up to Hamilton , and Col. Stuart permitted to depart . Arran was gone before , fled to Coil , deprived of all honors , lived from thenceforth privately . And now new Lords and Laws share old offices . The Guard was given to Glammis , the Castle Dunbritton to Hamilton , Sterlin restored to the Earl Mar , and the Castle of Edenburgh delivered to Sir Iames Hume . This relation the most certain , though I know it is otherwise reported . And no wonder to find designs in policy how to cleer these Lords of former accusations , and confessions ; the very Examinants and Deponents must now voluntarily offer new Oaths , to purge them from all Treasonable Attempts . Amongst whom Duntraith now confessed to be suborned to accuse Mains , out of fear to save himself . Besides these powers that overmastered the Kings party , the want of supply from Edenburgh lost the Court ; the raging Plague swept away twenty thousand persons , and that City quite forsaken . He is forced now to yield to their Domination ; this Success imboldens the disloyal Ministers to return home also , from all parts , insupportable insolent . One of them ( Gibson ) to the Kings face , terms him Ieroboam , a Persecutor ; threatens him , That if he went on in the former way , he should be the last of his race . And before the King and Council , he and Watson ( such another ) impudently maintain the same and more to their teeth , which no Catiline could have done more treasonable . Then their Synod , being assisted by a number of the Laicks , convene the Bishops ; Saint Andrews was compeered before them , upon accusation of Andrew Melvil , in malice and private revenge , but his pretence was that the Bishop devised and penned former Acts against the Presbytery ; the Bishop protests against their Judicature , and disputes his Innocency from any evil therein , and to avoid their censures , appeals to the King and Estates , and they therefore in fear what to do , a young Fellow , Andrew Hunter , professes to be armed by the Spirit , and so usurping the Chair , he pronounced Sentence against him . Cunningham the Bishops man , did the like , the next day , against Melvil . These and other such disorders involves the King and Estates what to do with them , when the Secretary of State perceiving their vexations , advises the King to leave the Ministery to their own courses ; That in a short time , he should see them so intollerable , as the people would chase them out of the Nation . True ( said the King ) if I wer● careless to undo the Church and Religion , it were the best Counsel , but to preserve both I must suppress disorders , lest Religion be despised . And therefore , as these insolencies gave the King occasion wisely to foresee the dangerous events , if not nipt in the Bud , So ex malis Moribus , bonae leges nascuntur , for the State publish these Articles . That all Preachers should obey the King. Not to pretend privilege in their allegiance . Not to meddle in State matters . Not to revile his Majesty . Not to draw the people from obedience . And being questioned , not to allege inspiration of the Spirit . Nor to serve themselves with colour of conscience , &c. It is strange to observe , both before , and then , and sithence , even to these our last daies ( as were by Wisemen alwaies foretold from the beginning ) how this Gangreen spread , and that we are now wearied , as well as the Reader , with these relations . Let me onely observe further the Scots Acts and Ordinances concerning their Episcopacy , and let any Historian tell me , when and how they started into such a sincere Reformation , as to have no Bishops at all , as many would pretend . For first , reforming from Popery in 1567. That no Bishop , nor other Prelate should use any Iurisdiction in time comming by the Bishop of Romes authority ( but it appears by all subsequent Acts , That Arch-Bishops and Bishops were not only allowed in their Kirk , but also had Iurisdiction and authority to govern the same ) . That Arch-Bishops and Bishops have the Authority , and are ordained to convene and deprive all Ministers inferiour , who shall not subscribe the Articles of Religion and recognoscing of the King and his Authority . That Arch-Bishops and Bishops have authority to assign Ministers Glebes . That they shall nominate and appoint Visitations , &c. and persons in every Parochin for settling Taxation for upholding Kirks , &c. That they shall direct charges how the Minister of the Parochin shall proceed to excommunications . That they shall try the rent of Hospitals , and call for the foundations thereof . The Iurisdiction of the Kirk is declared to stand in preaching the Word of Iesus Christ , correction of manners , and administration of Sacraments . And no other Authority allowed ; but Arch-Bishops and Bishops intended to continue in Authority , as is cleer by these Acts following . First , All persons returning from forein Travails are within twenty daies to pass to the Bishop , Super-intendent , Commissioner of the Kirk , to give a Confession of their faith . That none presume to impugn the Dignity and Authority of the three Estates , or to seek or procure the innovation or diminution of their power and authority , or any of them in time , coming under pain of Treason . That Bishops are to try and judge Ministers guilty of crimes , meriting deprivation . That no Ministers exercise any other Office beside their ▪ Calling , and to be adjudged by their Ordinaries of Bishops . All Acts whatever heretofore , anent the Kirk of God and Religion now professed are ratified . That the three Estates ( especially considering the persons exercising the offices , titles and dignities of Prelates , which persons have ever represented one of the Estates , &c. ) Therefore declare that the Kirk in Scotland is the true and holy Kirk , and that such Ministers as the King shall provide to the Dignity of a Bishop shall have vote in Parliament , as any Ecclesiastical Prelate ever had by-gon . And null all manner of Acts made in prejudice of Bishops , Honours , Dignities , &c. competitent to them or their estate since the reformation of Religion . The same revived . Ordains Arch-bishops and Bishops to be elected by their Chapters , and consecrate by the Order accustomed . And yet we must confess , they were oftentimes striking at the root and branch of Bishops , as others of them did against the Power and Majesty of Princes ; for Buchanan terms the phraises of Majesty , Highness , Excellency , Solaecismos et Barbarismos aulicos . Jeering at the outward State of Princes , comparing them to childrens Puppets , garishly attired . That a good Prince should be defended with innocency , Non superbo speculatorum et caetu sericatisque nebulonibus stipatus . Another of theirs Davison , his Pamphlet printed in those times forced through with base invectives , both against the Government of Scotland and England , with most dangerous insinuations to Rebellion . The Genevian Ministers and their Tenents also were dispersed in England , wholly into such Arguments . Out of two more pestilent sundry seditious positions may be collected , Goodman and another Author stiled True Obedience ; or rather perfect rebellion . It may be true , t is no Treason to resist the Soveraign for defence of Religion , nor no treasonable assertion , That a lawful Prince may be deposed in case of revolt from God , and these are the proposition of all Christian Professors , but these Men following their own deceiptful wiles , and irregular opinions , adjudged that to be errour , or idolatry , which perhaps may not be so , and may traduce goodness and virtue by the rule of their own strained conceit , and so differ in the manner and matter , as reason and conscience differ from fury and frenzy . And yet these their Doctrines Whittingham ( afterwards unworthy Dean of Durham ) in his preface to Goodmans book , saith , that they were approved by the best learned , meaning Calvin , and the rest of the Genevians , Gilby , Coverdale , Whitehead , and others . But then let me tell them who were the other , worser learned men ( as he will have them ) that fled Queen Maries persecution to Franckford , Zurick and Basill , declining Geneva ; those were Scory , Barlow , Cox , Beacon , Bale , Parkhurst , Grindall , Sands , Nowell , Wisdom , and Iewell , and very many more , that maintained the Reformation of King Edwards time ; and therefore Knox said , That the English at Geneva were separated from that superstitious company at Franckford . Notwithstanding these quarrellers , heretofore ( at the first ) yet in the beginning of Queen Elizabeths dayes , they pretended to agree in Harmonical Confessions , though in several disciplines , till Cartwright and Travers in his Disciplina Ecclesiastica , makes their own tenents so positive , as that , If every hair of their heads were a life , they would lose them all , to defend their Discipline . Then came in to their Gang , Udall and Penry , and call that discipline onely , pure , perfect , righteous , full of goodness , peace and honor ; ordained for the joy and happiness of all Nations . Therein followed them , Martin , and his two sons , and Gilbie ; and so like very apt scholars in evil , they out-went their masters to the Devil ; for joyning with Copinger , Hackett , and others , they fell into a desperare designe of Treason , for which , Hacket was hanged . At last , increasing in very bold wayes , and desperate tenents , dispersed in Pamphlets , Rithmes and Ballads ; It was thought fit to open their eyes and understandings , by some grave , and learned declaration , for setling their mad brains , which was effected by that most reverend and learned Divine Hooker , in his Ecclesiast . Policie , which for a long time ( during the time of times ) silenced all their Railings ; and so satisfied the wiser sort , that the Church of God got quiet from such disturbers , till of late daies . But to return to our History , In Iune was compleated the League with England , hammered out for defence of both Nations against the Holy League ( as the Papists would have it ) the Commissioners meeting at Barwick , concluded these Aritcles , upon the former reasons . 1. To joyn and unite in a more strict League than ever had been before . 2. To draw other Princes Reformed into their society . 3. To be offensive and defensive against any Contractors with their enemies . 4. Not to assist any Invader of either Kingdom . 5. That the Scots to assist England against any Invasion with two thousand horse and five thousand foot at the Queens charge from the borders . The Queen the like to Scotland , but with three thousand horse , and six thousand foot . 6. If the North of England , there the Scots to assist with all their force for thirty dayes ( the usual time of attending their own King. ) 7. The King not to suffer Scots to be transported into Ireland , but by leave of the Queen . 8. Not to countenance either Rebels or Revolters . 9. That all the controversies of the Borderers be civilly reconciled . 10. Neither Princes to enter League with any other without the consent of both . 11. All by-gone Treaties of either , with other Princes , shall stand in full force , the cause of Religion excepted . 12. These Articles to be confirmed by Oath , and Hands , and Seals . 13. Lastly , That the King , at twenty five yeers old , shall confirm these , by the States of Scotland , as the Queen will then do by her Parliament of England . This was the begining of Q. Eliz. design , which she presumed would in time be considerable , with other reformed States confederate ; though in earnest ; the whole intention of the Papists , had reference to the Church of England , the absolute orthodox Conserver of the true ancient Apostolick faith , though by observation of succeeding times in some relations , it appears of late wonderfully indangered . But , besides that of Religion , and strengthening her affairs in policie with other Princes , upon that score , she had a further a●m , to confirm amity with the King whom she was assured forthwith , mightily to offend , and to endanger her safety and honour with all the Christian world . For now ( with leave of the Reader ) having been led somewhat too long in the Church affairs ; let us remind the poor Captive Queen Mary , upon whom all the former suspitions reflected , and so h●stened to her ruin ; for Queen Elizabeth casting about to make things safer , than fast , resolved upon the way , most desperate , which if it took not well , was yet the onely way , by taking Mary out of the way , and so give end to Elizabeths jealousies ; to secure her Person from Treasons ; to joynt her power now divided ; and to settle her people from imbroiles and divi●●ons . — But soft and fair , the wily wits of Walsingham and Burleigh , must be busied about it . For now she is removed from her fifteen yeers custody , under the good Earl of Shrewsbury , unto Sir Amias Pawlet , and Sir Drew Drury , on purpose to put her upon extremity of redress against their extream imprisoning . And so she endeavors , and deals with the Pope and Spain , by Englefeild , to hasten their designs , however ; which designs indeed , is so peeced and patcht together , by those that writ of them , as if each mans fancy , in reference to the publick , must needs take effect of Rebellious interpretation . And what ere was whispered in that sence , was sure to be put upon the poor Queens account , by which she smarted ; for in this Parliament of England , the former Association of the Lords was confirmed by both Houses , and strict Acts against Catholicks and abetters in Treason , which occasioned Philip Howard Earl of Arundel , eldest son of the late Duke of Norfolk , ( three yeers since restored in blood ) to complain of his enemies , pursuing him to the death , as others had done to his Great Grandfather condemned , and never came to tryal ; his Grandfather beheaded for trifles , and his father likewise for concernments of lesser moment . Himself thus afflicted , endeavoring to retire out of the Kingdom , but was taken and sent to the Tower , where he found Henry Percy Earl of Northumberland ( as accessory to Thorgmortons design ) who Pistolled himself some dayes after , but Arundel was onely fined in Star-Chamber . The Catholicks desparate to do something , were animated thereto by Ballard a Priest , who from hence goes into France , and there layes his designs with the Old Plotters , Pope , Guises , the Spaniard and Parma to invade England , and free Queen Mary ; and returning home , confederates with Babington and six more principal gentlemen , to kill Queen Elizabeth . All which their plottings were daily discovered to Secretary Walsingham , by one Pooley their companion ; and so confident were they of success , that Babington had his own picture , and those about him , all to the life , with this verse circumscribed , Hi mihi sunt comites , quos ipsa pericula ducunt . But this verse too plain , they inserted in the place , Quorsum haec , aliò properantibus ? The Queen being shewed these faces knew ●one but Barnwell . Babington to hasten this design , resolves to go over himself . And by Pooley's means insinuates with Walsingham , and ingages to discover Fugitives , if he might be trusted with the Queens License , which was promised to him , but delayed , whilst all was discovered to Walsingham ( by one Gifford a Priest ) whom he recommended unto Amias Pawlet to suffer his servants to be corrupted by him , and so to intrap the Queen his Prisoner ; but though Pawlet refused to conspire with his servants , yet he permitted one that depended on the necessary service of his Family , a Baker , to be bribed ; and at a hole in the wall , to give out and take in letters , between the Queen and all the confederates , which were ( as sure ) to be opened and read by Walsingham , who got the Keys of the Ciphers , and had answe●s counterfeited , to involve whom he pleased to suspect , in the Plot. At last ( the time being ripe for Execution ) they were proclaimed Traytors , and at several places seized , examined , and confessing to every particular , they were executed as Traytors , seven of them most cruelly ; the other seven with more mercy . The Queen of Scots was so narrowly watched , that she knew nothing of the discovery ; no , not when Mr. Gorge was sent to her , to expostulate these plots . She being then on horseback a hunting , was not suffered to return ; but in shew of honour ▪ was led to several Gentlemens houses , in the mean time , that her servants and her Secretaries are severed from Communication , her Cabinet and Desks , and Copies of Letters , with sixty several Ciphers discovering all , were seized and sent to the Councel . Now is Gifford sent by Walsingham into France , and given out as banished ; who leaves a Paper indented with the French Ambassadour ▪ In charge , not to deliver any letters from the Queen of Scots , or from the fugitives , that came to his hands and to be sent into France , but to such onely , that brought the counterpain of the Indented Paper , which he secretly sent to Walsingham . And so dep●●ted into France , where soon he died ; for , having done the main work , ere he went over , was for his reward discovered to be a counter●eit ( even by slight of hand and Walsinghams contrivement ) and so had ●auce to his knavish face , that pined him away by inches . In this condition was the poor imprisoned Queen at Fotherringhan Castle in Northampton-shire ; when the Councel were as busie what to do with her . At last , they concluded to proceed upon the Act of 27. Eliz. made the last yeer , against Plotters or contrivers of the Queens death , as before said . To which purpose a Commission under the great seal issued out , impowring twenty four Noblemen and others therein , who came to the Castle the 11 ▪ of October , to try and censure her . Against which she excepted , As being her self a free Princess , and not liable to tryall for life ; Her ignorance of the Laws of England , and without Council ; Her papers and writings seized ; and so utterly refuses to be tryed . Yet being over-born , and convinced with many strong arguments of Law and Reason , she submits . The manner of her Tryal was thus . A chair of Estate was set as for the Q. of England , under a canopy at the upper end of the Presence Chamber . B●neath , against it , was placed a Chair for the Queen of Scots ; close to the Walls on both sides of the Cloth of Estate , Seats were made for the Lords , Chancellour , Treasurer , the Earls of Oxford , Kent , Derby , Worcester , Rutland , Cumberland , Warwick , Pembroke , Lincoln , and Viscount Mountacute . On the other side , the Lords Abergavenny , Zouch , Morley , Stafford , Grey , Lumley , Sturton , Sands , Wentworth , Mordant , Saint John , Compton , Chenos . Next to these the Knights , Privy Counsellours , Sir James Croft , Sir Christopher Hatton , Sir Francis Walsingham , Sir Ralph Sadler , Sir Walter Mildmay , and Sir Amias Paulet . Forward before the Earls , sate the two Chief Iustices , the Chief Baron of the Exchequer ; And on the other side the other two Iustices , Delt and Ford Doctors of the Civil Law. At a Table in the midst , Popham Attourney General , Egerton Solicitor , Gawdy Serjeant at Law , the Clerk of the Crown , and two Notaries . The Prisoner being set , Bromley Lord Chancellour turning to her , said , The most illustrious Queen of England , being certified , to her great grief , that you plotted hers and the Kingdom of Englands ruine , and the overthrow of Religion established ; Out of duty to God , her Self and People , and no malice or ill meaning , hath authorized these Commissioners to hear what can be laid to your charge , and your Answer , to defend your own innocency . She rising up said , She came into England to implore aid , and was promised it , but ever since kept Prisoner . That she is not the Queens subject , but a free and absolut●●rincess , and cannot be compelled to appear before Delegates or any other Iudg , for any cause whatsoever , but before God alone the supreme Iudge of all ; which otherwise were der●gatory to her own Princely Majesty , to her Son the King of Scots , her Successors , and all other absolute Princes : Nevertheless she did present her self to refute all Crimes that could be charged upon her . The Chancellour replied , that her Protestation was vain ; for whosoever offends the ●aws of England , in England must be subject to the same , examined and judged ; and therefore not to be admitted . Yet the Delegates commanded her Protestation and his Answer to be registred . The Patent , and late newest Statute made a Law was read and opened : to which she answered , that it was purposely made to entrap her . Gawdy averred , that she had transgressed every part and parcel of that Law : with a Narration of Babingtons Treason , to which she was accused , as conspiring , abetting , assenting to effect it . She denies all , never to have received Letters from him , nor written to him , she knew him not , and requires Proofs of her Hand by any Subscriptions or Letters , nay , she never heard tell of any such ▪ Treason ; Ballard she knew not , onely , she understood , that the Catholicks were grievously used , and therefore she writ to the Queen for some pity upon them . She confessed those Letters produced from many whom she knew not , that profered their endeavours for her enlargement , but she excited none to any wicked Design , and being a Prisoner she could not hinder their Attempts . Then was Babingtons Letters read , his Confessions and Correspondencies with her , wherein the whole Conspiracy was expressed . She answered , that Babington might write them , but prove any receipt of them ; if Babington or any other affirm so much , I say plainly , They lie . A Packet of Letters detained a whole year came to my hand , but I know not who sent ●t : But Babingtons confession accused her therein . She blamed Sir Trancis Walsingham for his cunning plottings to entrap her , with counterfeiting Letters and Cyphers ▪ which he lamely excused , and put all upon policy of State. This held out the Fore-noon . After Dinner , was produced Charls Pagets Letter , and Curls ( one of her Servants ) confession that she received it ; touching conference with Ballard and Mendoza for invading England , and setting her free . She acknowledged that a Priest told her , that unless she interposed , her Se●●●nd Son would be excluded from inheritance to this Crown , for that the King of Spain clamed a Right , and would give place to none , except to her self . It was insisted upon the Letters of Nave and Curl . She answered , Curl was an honest man , but no sufficient Witness , and Nave was sometime Secretary to the Cardinal of Lorain , and commended to her by the King of France , and might be drawn by hope , fear , and reward , to bear false witness , and had a hand over Curl ; either of them might insert into Letters more than she dictated , oft times she not examining them ; before she signed ▪ that all Princes may this way fall into mischief , if their Servants and Secretaries may falsly accuse them ; I desire their presence face to face , to reply to my Exceptions . The Treasurer objected , that she purposed to send her Son into Spain , and to transfer her Right and Title to England upon that King. She answered , that she had no Kingdom to bestow ; however , what was her own , she might dispose as she pleased , and not render accompt to any . It was urged her Assistance and Pension to Morgan , who sent Parry into England , to assassinate the Queen . She said , Morgan for her sake , had lost his Estate , and therefore she was obliged in honour to relieve him ; nor was she bound to revenge an injury done to the Queen by a Friend that had deserved well of her ; yet that she did always deterr him from any bloudy Enterprizes ; However Pensions were allowed out of England to Sir Patrick Grey and other Scots my adversaries , and to my Son also . The heads of her several Letters to Paget , Inglefield , and Mendoza were read ; She said , they made nothing to the Queens destruction , but if any forein Prince would endeavour her enlargment , it ought not be a crime in them or her , having often intimated her self , to the Queen , that she would endeavour her own freedom . She complained of her Servants and Secretaries perjury and treachery , and very unfaithfull unto her ; that being a distressed Prisoner , and grown in years , there could be no hope to perfect those things which were expected from her , and therefore she was advised to confirm the Succession of England to the King of Spain , or to some English Catholick Nobleman ; And said , that a Book was tendered to her for that purpose , which because she not admitting incurred the displeasure of some eminent persons , for being no hope from England , she was to entertain forein help . She desired to be heard in a full Parliament , or before the Queen and her Council . And now rising out of her Chair in great Majesty and confidence , she exchanged some words with Burghley , Hatton , Walsingham and Warwick apart . And so the meeting again was prorogued till the 25. day of October next , at the 〈◊〉 - chamber at Westminster , before all the Commissioners ; where Nave and Curl constantly affirmed , viva voce , all those particulars which concerned them to aver , and which she had denied . So then Sentence was pronounced against her , and ratified under their hands and seals , in these words recorded . By their unanimous consent at the Day and Place abovesaid ; they do pronounce and declare this judicial Verdict , and say , That after the end of the said Parliament ( specified in the Commission ) viz. after the first of June in the seven and twentieth Year of the Queen , divers matters were compassed and imagined in England by Anthony Babington and others , with the privity of Mary Queen of Scots , pretending Title to the Crown of England , tending to the hurt , death , and destruction of the Royal Person of our said Sovereign Lady the Queen . And furthermore , that after the said Day and Year , and before the Date of our Commission , the said Mary hath compassed and imagined in this Kingdom of England divers matters tending to the hurt , death , and destruction of the Royal Person of our said Sovereign , against the form of the Statute specified in the said Commission . All the Commissioners declaring that this Sentence did no way derogate to Iames King of Scots in right or honour , but that he continued in the same right and honour , as if that Sentence had never been passed . This Sentence ( you see ) depended upon Nave and Curl , and not face to face , according to the first Statute 13. Elizabeth ; divers opinions passed , whether credulous or incompetent . Nave's Apology to King Iames afterwards 1605. purges him with deep Protestations , neither Author nor Abetter , nor remiss in his duty by negligence , or otherwise ; but opposed the heads of her Accusation to the death . But this appears not by Records ; his guilt shewed somewhat that needed an apology . Not many days after a Parliament is called , the which was begun by authority from the Queen , derived to the Archbishop of Canterbury , the Lord Treasurer , and the Earl of Derby , and the same it seems not without former Presidents . A kinde of modesty perhaps , that if a Virgin Queen must look upon her horrid act , it must be seen through her fingers , and Maries Sentence accompanied with the Proscriptions of the Lord Paget , Inglefield , Throgmorton , Babington , Salisbury , Iones , Tichburn , Tilves , and others , confirmed ; and their Goods and Estates confiscate . And the House of Peers by the Chancellor petitioned the Queen , that the Sentence might be promulgated , and besought her Majesty for safety of her Person and Kingdoms to execute justice on the Queen of Scots . The Queen was not to be ●aught her Answer . She acknowledged Gods protection , and their love and circumspection , for preservation of Her and her People , against the many and mighty Plots of Hers and their Enemies . How sorry she was , that the Scots Queen , notwithstanding her forewarnings , should be thus entangled and guilty ; whom ( she protests ) as a Princess , as her Kinswoman and Sister , she had reluctancy to spare , and to forgive , were not the security of her People involved ; for , their Peace she values before her own life . Concludes , her thanks for their care and advice . But in a cause of so great consequence , she will not be rash , but consider . Twelve days after , she desires the Parliament to consult some other way of safety , and to spare the Queen of Scots ; but they answer with no other satisfaction . To which the Queen in an excellent method requests them to be answered , without an Answer . For if I should say , ( said she ) I will not do what you desire , I shall then say what I do not think ; and if I shall say , I will do it , I may precipitate my self to danger , whom , I know , you wish to be conserved . Then was Queen Maries Sentence proclamed throughout London , and all the Kingdom , which she apprehends chearfully and resolute , and writes to the Queen , for her Body to be allowed Christian ●urial in France , where her Mother 's rested , since violence was offered to the Ashes of her forefathers by the Puritans in Scotland ; nor could she hope for burial with the Kings of England ; that she might take her Death not in secret , but where her Servants and Friends could give good testimony thereof . K. Iames her Son in sad perplexity for his Mother , sends William Keith of his Bed-chamber with Letters to Q. Elizabeth ; though it seemed strange to him , that the Nobility and Counsellours of England should take upon them to sentence a Queen of Scotland , and one descended of the Royal Bloud of England ; yet he would think it monstrous justice for her Virgin Majesty to stain her hands with the Bloud and Death of his dear Mother , a Lady of in comparable excellency in the worlds opinion , and of the same Royal condition and Sex with her Self : So , if it should be resolved , desires her to consider , how his Honour stood engaged that was her Son and a King , to suffer his Mother an absolute Princess to be put to an infamous Death . Keith , after some time of delay , urges for an Answer , but finding no hope , he receives other Letters , commanding him to shew the Queen how unjust the Proceedings had been against his Mother , the Laws of God and Nations , for an absolute Prince to be sentenced by Subjects , and she the first Example of profaning Sovereign Diadems , Himself concern'd in Nature and Honour to revenge such indignity ; and wills him to labour the delay of her Execution , till he could send Ambassadours of his own into England ; for by Letters from Archibald Dowglas his Lieger in England , he found him evil disposed to the business , and therefore resolved to send one more honorable , and of greater trust , in his place . But Keith doing his duty , shewed the Queen his Masters direction , enforcing her into some passion , till Leicester and others calmed her ; and then she told him , She would give no Answer in anger , but consider till morning , when she told him , that no haste should be used , if any other should come from the King in reasonable time , ●roceedings should be staid , and be glad to receive overtures to save the Queens life and assure her own . The King certified of her passion , posts other Letters more calm , since his other were construed as threats to her Estates ; and therefore he courts her into kindness , protesting that the Rumours spread amongst his Subjects moved them into disquiets and mutiny at the forms of Proceedings again their Queen . That for his part , he could well distinguish any pressure , by the peril of her own life , and so not blaming her directly , prays her to put a kindness upon Him , Her real Friend ; desires time till his Overtures be heard , hastily coming by the Master of Gray and Sir Robert Melvil , who were to set out on Saturday after , and came to London in eight days . Queen Elizabeth was better satisfied with these , being frightned before into fear of breach of the late League , and War with her Neighbours , and so gave them speedy Audience . She told them , how sorry she was , no means could be found to save their Kings Mother , and secure her own life . They answer , Their Sovereign to save her life will interpose his credit , his Nobility as ●ledges , that no Plot or practice should be contrived by her against your Majesty ; or otherwise to set her a● liberty , and send her into Scotland , and so the better to secure the Queen . Asking the reason , What should move any man to attempt against her Majesty for Queen Maries sake ? Because ( said she ) they think Her to succeed me , and she a Papist . Then ( say they ) these means being taken away , the Danger apparently ceases , for if her Right in Succession to England shall be made over in our Sovereigns Person , Papists will have no more hope , and this we are sure his Mother will resign to him . But ( replied the Queen ) she hath no Right , being declared incapable of Succession . If so , that she hath no Right ( said they ) the Papists pretences cease , and so no fear of them to enterprize for her . But ( said she ) the Papists allow not our Declaration . Then let it sink ( said they ) in our Sovereign , by her Resignation . Leicester being by , objected , that She being a Prisoner could not 〈◊〉 . They answered , It being made to her Son , with advice of all her Friends in Europe , in case Queen Elizabeth should miscarry , none would partake with the Mother against her Son ; all the Princes her Friends standing engaged for her Resignation , that it should be valid and essential for her Son. The Queen mis-understanding , was told the Ambassadours meaning , that the King should be in his Mother place . Is it so , says she ? Gods Death , that were to cut mine own throat . He shall never come to that place , and be party with me . She was told , that coming in his Mothers place through her Death , he would be more party . Well , ( says the Queen ) tell your King what I have done for him , to keep the Crown on his Head since he was born ; and for my part I shall keep the League betwixt us , which if he break , shall be a double fault : and in passion got away . Melvil made after , requesting respite of execution for eight days . Not an hour , said she . The King by this Conference expects extremity , and therefore writes to Gray , Think not to reserve your self any longer , nothing doing good if her life be lost , adie● dealing with that State. As you affect my favour , spare no pains , nor plainness . Reade what I writ to Keith , and accordingly conform ; and in this your industry , let me reap the fruit of your great Credit there , and Duty here , either now or never . Farewell . Leicester took some pains in a tedious Letter to satisfie the Kings importunity , by telling him the common jealousie of all Princes for their own security , especially by such persons , as being within a Kingdom , and claiming Title to that Crown , should conspi●e with Traitors to kill the Queen ; comforting the King ( as well as he could ) how more dangerous Queen Elizabeths Death would be , than his Mothers liberty would advantage ; concluding with grave advice , not to quarrel the breach of amity , and their last League of firm friendship . And to boot , Walsingham writes to the Secretary of Scotland , the Lord Thirlstan , ( with whom he kept private intelligence ) as a wonder , the Kings earnest desire to save his Mother , seeing all the Papists in Europe affecting the change of Religion in both Realms , built their hopes altogether upon Her , who in passion to Papistry , had transferr'd her Right to both Crowns , unto the King of Spain ▪ in case the King her Son should persist in his Profession . And true it was , that such tricks were rumored , to divert the King from constancy in Religion ; but never so done by her ; if you will credit her Declaration at her Death : though I know ( for I have seen it ) a Popish Abbot in the life of Cardinal Laurence , at that time Protector of the Scots Nation , affirmeth , the said Translation of these Realms to be in his hands , and delivered to him by Court Olivarez the Spanish Ambassadour at Rome ; but such forged Tales and Titles might have served the turn , if the Enterprize of Eighty Eight had taken effect against England . Thus the King leaving no means possible unattempted for a prudent and pious King , but to to none effect ; the State of Scotland then in a miserable distraction , made so , partly in policy from England , and the most powerfull Faction solliciting Queen Elizabeth for their Queens Execution ; insomuch that it was objected , ( as Pilate said ) shall I kill your Queen ? And therefore now the King commanded the Ministers and Kirk in Scotland to commend her cause to God in their publick Prayers , which by no means their charity could afford , but absolutely refused ; then he appoints a solemn Day of Fasting and Prayer , with Supplications to God for Her , commanding the Bishop of Saint Andrews to pray and preach ; against whom the Ministers opposed , and in presence of the King put up in the Pulpit a young Fellow Iohn Cooper , not entered into the Function , to whom the King cried out , Master Iohn , that place was designed for another , yet since you are there , Do your Duty , and obey the Charge , to pray for my Mother . He replied , To do no otherwise than as the Spirit should direct him . Whereupon , the Captain of the Kings Guard pulled him down , and the Bishop performed the Office , most grave and learned . For this insolency , Cooper was called to accompt , accompanied with Balcanquall and Watson , who were discharged their Ministery , and Cooper committed prisoner to Blackness . Then he concludes his last Messenger with letters , Advising the Queen to conserve her fame and renown by her clemency , as yet unspotted from any stain of cruelty , not to be now defied and polluted with the blood of his Mother , the wound reflecting to his smart , which he should never leave unconsidered , to the tyranny of them that thirsted his destruction long since , as they do his Mothers now . Beseeches the Queens mercy and compassion to them both . In a word , It was a business that till that time had no President , and Queen Elizabeth to say truth , as much perplexed what to conclude , brought her minde the more into confusion . At length , she signed a Warrant for a Mandate , fitted for the great Seal , and her Execution ; and trusted it with Davison one of her Secretaries , to be in readiness in case of danger . But he too hastily had it made up under the Seal , which ( some say ) she would afterwards have recalled , but was prevented by the earnest prosecution of Beale Clerk of the Councel , Queen Maries enemie . Him the Councel sends to the Earls of Shrewsbury , Kent , Derby and Cumberland , for her Execution , unknowing to Queen Elizabeth ; for ( it is said ) at that instant , She told Davison that she was resolved of another way than by death . Indeed she was in distraction what to do , but whilst she doubted , the Councel did it for her . And so had her head taken off by the Axe at Fothringham Castle in Northampton-shire . But , because her high birth and Exellencies deserve particular Memorial , I may not forget her behaviour in the last Act of Life and Death . The Earls comming thither , Pawlet and Drewry being there before , were added Commissioners to see her Execution . And gave her warning on Monday the sixth of February 1586. to prepare agai●st Wednesday next , the eighth day following . At which , she smiled , it being very sudain , short , and unexpected : But said , that her death was welcome , seeing her Majesty ( meaning Queen Elizabeth ) was so resolved ; And that , that soul was unworthy of Glory , and the joyes of Heaven , whose body can not indure one blow from the Hangman . A good while , she was silent , then weeping bitterly , retyred into her Chamber , where she spent her time in devotion , and setling her Will. The eighth day brought her forth , to a sad execution . She was of Stature tall and Corpulent , thick shouldered , fat-fac'd , and broad ; double chinn'd , hazell eyes ; Her ( borrowed ) hair , somewhat appearing , was Aburnd ; and her attire thus , On her head , a dress of Laun , edged with Bone-lace ; a chain of Pomander , and an Agnus Dei about her neck , a pair of Beads at her Girdle , with a golden Cross at the end of them ; a Veil of Laun fastned to her Call , bowed out with Wyar , and edged with Bone-lace . Her Gown of Black Sattin , printed , with a train and long sleeves to the ground , set with Acorn-buttons of Gett , trimed with pearl ; her short sleeves Black Sattin cut , which opened upon purple Velvet sleeves under them . Her Kirtle whole , of figured Black Sattin , her Petticote and upper bodies of Crimson Sattin unlaced in the back ; and the skirts of Crimson Velvet ; her shoos Spanish leather , the inside outward ; a pair of green Silk Garters , watchet Silk Stockings , clock't and edged on the top with Silver ; and under them , a pair of white Jersey-hose . Thus set out ( and not hastened ) she willingly leaves her Chamber , and paces towards the Scaffold , gently supported with two Gentlemen , Pawlets servants ; Thomas Andrews high Sheriff of North ▪ going before . The Commissioners●●tended ●●tended her coming into the Anti-Chamber , with divers Knights and Gentlemen of that Country . And amongst them , her servant Melvin , designed by her to go to Scotland ; Ah Madam ( said he ) what unhappy wretch am I , the Messenger of my gracious Queen and Mistress , and of her death . The Queen not till then weeping , My good servant ( said she ) mourn no more , thou shalt see Mary Stewarts troubles ended in an instant ; The world is all but vain ; Say thus much from me , That I dye true to My Religion ; faithful to the Interest of Scotland and France . God forgive them that thus long have sought , nay thirsted for my blood , as the Hart does for Water-brooks . O God , Thou the Author of Truth , the searcher of the secret Chamber of my heart , knowst that I was ever willing to the Union of Scotland and England . But well , Gods will be done . Commend Me to my Son ; Tell him , that I have done nothing prejudicial to the State and Kingdome of Scotland , nor to mine own Honor. And so resolving her self into Tears , bids Melvin farewell , and kissing his cheek , said , Once again , Good and faithful servant farewell , pray for thy Queen and Mistress . And turning to the Commissioners , she made some requests to them , That certain monies in Pawlets hands , might be paid to one Curl her servant , which was promised . Next , That her servants might enjoy what she had given them by Will ; and to have conveyance into their several Countries , and this my good Lord of Shrewsbury , I conjure upon you . Then , That her poor servants might be witnesses to the world , of her patient suffering ; and that she died a constant Romane Catholick . To this she was refused , and Kent humbly told her , It might interrupt her quiet in their passions and behaviour , as is usual ( said he ) in dipping their linnin and skarfs in blood . My Lord , said she , smiling , I will give my word ( though but in death ) they shall not deserve blame . Ah , las ! poor souls ! they desire to bid me adiew . I hope your Mistress being a Maiden Queen will vouchsefe Me the modesty of Woman-hood , to have of my own about Me at death . You have not such strict Commission , but may afford Me more , were I less then the Queen of Scotland . But , being denied , She burst into tears and scorn , I am , said she , Cosin to your Queen , descended from that Royal King Henry the Seaventh ; a married Queen of France ; and anointed Queen of Scotland . This is not well . Upon which importunity they consulted , and appointed to her Melvin and an Apothecary , her Chirurgion a Burgonian , and one man more ; and two women of her Chamber . And now , she passed on into the Hall , with undaunted courage , stept up upon the Scaffold , raised two foot high , and twelve broad , railed about , a low stool , a Cushion and the Block , all covered with black . Being set , the Lords and Shrieff on her right hand , Pawlet and Drewry on her left ; the two Executioners ( common Hangmen , the one of London , the other of that Country ) stood before her ; the Knights and Gentlemen , placed round about without the Rails . After silence made , Beale Clerk of the Privy Councel , having read the Commission for her execution , the people shouted , and cryed , God save our Queen . During which , the Queen with very careless regard , seemed as not there concerned . Then Doctor Fletcher Dean of Peterborough standing before her , without the Rails , bowing his body with due reverance , gave her this exhortation . Madam ( said he ) The Queens most Excellent Majesty ( notwithstanding this preparation for execution of Iustice , justly to be done upon you , for your many trespasses against Her Sacred Person , State and Government ) having tender care over your soul , presently to depart , does by me , offer to your consideration , that by the true faith in Christ our Saviour , you may live for ever . First to consider , Your estate past and transitory . Your condition present and to come , And the means of bliss , Or Bane everlasting . Herein , having read her a tedious Lecture of the bodies frailty , commends to her consideration the Glory of Immortality , with comparisons of Mercy or Misery for ever : and so concluding ( with the best Counsel he could ) to deny her Romish Religion . But she , not able to hold out till his ending , interrupting three or four times , tells him , he need not trouble himself nor her , to change her faith , in which she was settled during her life , the ancient Catholick Roman Profession , In defence whereof she had been alwayes , and yet would be ready to sacrifice her blood . The Earls said , Madam , we will pray with your Grace , that you may be enligh●ned with the true knowledge of Jesus Christ , and dye therein . The Queen thanked them , but refused to pray together , unless in her own devotions . Then they required the Dean to pray , who effectually in a long Prayer , desired God to open her understanding by Faith and Repentance , to turn from her vain affection of Papistry , and to dye in the true Protestant faith . All which time , the Queen sate on her stool , with a Latine prayer-Book in her hand , a Crucifix and Beads , not regarding what he said ; Her servants also did the like . But then the Queen , with all her people , with a loud voice , and in tears , prayed in Latin. And after that , her self concluded with an English prayer , for the Church afflicted , for her Son , and for the Queen , and professed to be saved by the blood of Christ. Upon this , kissing her Crucifix ( said she ) will I shed my blood . She earnestly prayed , That God would avert his judgements from the sins of this Kingdom , and to afford the people grace of Repentance . And prayed for forgiveness of her Enemies , who so long had sought her destruction , to convert them into the truth , and desired all Saints to pray for them and her . Kissing her Crucifix , crossed her self , and besought Our Saviour who spread his Arms for all , to receive her now unto his mercy , Amen . The Executioners kneeled to her , and begged forgiveness , which she granted very unfeignedly , as she said , heartily willing to receive this cup , the end of all her miseries . Her women began to disrobe her ; one of the Executioners took from her Neck the Agnus Dei tyed behind , which the Queen laid hold on , gave it to her woman , and told him , he should have money . But suffered them , with her women , to take off her chain and apparel in some hast and gladness , alwayes smiling ; and putting off her strait sleeves with her own hands , denied the fellow , who rudely offered at it . With more than smiling scorn , told them all , never such Grooms ; disrobed a Queen , nor never did she undress before such company . And now in her Petticote and Kirtle , prepared for death , her women skreeking , cryed out with exceeding sorrow , crossed themselves , and prayed in Latin. The Queen crossed and kissed them , desired their prayers without mourning , and crossed her men servants , who stood without the Rail , weeping and crying out . One of her women with a Corpus Christi-cloth wrapped corner-wayes , kissed it , put it over the Queens face , pinning it fast upon the Call of her Head. Then she kneeled down upon her Cushion , resolutedly undaunted , spake aloud in Latin the whole Psalm , In te domine confido , ne confunder in aeternum . And groping for the Block , laid down her head , put her chin over the block with both her hands , and held them there , which might have been cut off with her head , had they not been espied . But being advised , she quietly ordered her self again , and stretching forth her Arms and leggs , cryed out , In Manus tuas domine , &c. three or four times , when one of the Executioners gently held her down , and the other gave two strokes with the Axe , before her head was off , leaving a little gris●e uncut , without the least stir or remove of the body . He lifted up her head , and said , God save our Queen . Her dressing fallen off , her hair appeared so grey as at seventy yeers , very short : Her lips stirred a quarter of an hour after . Then said the Dean , So perish the enemies of our Queen . So said the Earl of Kent . Very remarkable was there , one accident ; The Queen had a little Shag-dog , that alwayes followed her Person , even to her foot-steps , who ( unespied ) crept under her Garments , and would not remove but by force , snarling and biting ; nor would afterwards depart , but laid down between her head and shoulders , most notoriously noted by all . The Commissioners gave way to the humor of the Dog , who imbrued himself in her blood , snarling and casting up his eyes as if to quarrel with them all , and bite at them who washed him , as they did all things else ▪ that were bloody . The Executioners had mony , but no part of her Garments . The Corps was carried up into the great Chamber , and there imbalmed , and afterward buried in the Cathedral of Peterborough : and her funerals were kept more Magnificently by the Guises at Paris ; and yet more illustrious twenty six yeers after by her son , the King , in the remove of her Corps from thence to Westminster , where she lies intombed amongst the Glories of her Royal Ancestors . And thus she died , Mary Queen of Scotland , great grand-daughter to Henry the Seventh of England , by the eldest Daughter Margaret , six and fourty years of age , and in the eighteenth year of her Captivity , Anno 1586. Let us give her to the World in this brevity . She was designed by Henry the Eighth to his Son Edward the Sixth , and by Henry the Second , King of France , for Francis the Dolphin ; at five years of age she was conveyed in to France , at fifteen married to the Dolphin , who was after King of France . She was sole Sovereign Queen of France one year and four moneths . Her Husband being dead , she returned into Scotland , and married the Lord Darly by whom she had King Iames. Near to her Tomb in Peterborough Church was this Epitaph fixed in Latine , but soon pulled down . Maria Scotorum , &c. Thus Englished : Mary Queen of Scots , a Kings Daughter , the French Kings Widow , near Kinswoman to the Queen of England , and next Heir to the Crown , adorned with royal virtues and a kingly minde ; often , but in vain , demanding the Privilege of a Prince ; by barbarous and tyrannical Cruelties , the Ornament of our Age , and a right Princely Light is extinguished ; and by one and the same infamous Iudgment both Mary Queen of Scots , ( to a natural Death ) and all surviving Kings , ( being made common persons ) are doomed to a Civil Death ; a strange and uncouth Grave , wherein the Living are shut up with the Dead . Cum sacris enim divae Mariae cineribus , omnium Regum , atque Principum violatam atque prostratam Majestatem hic jacere scito ; & quia tacitum regale satis superque Reges sui Officii monet , plura non addo , Viator . Indeed so much was said and censured , that the Queen and State began to double ; she in a monstrous sadness and tears , denying Address of the Counsellours ; and her self excuseth her Death to the King of Scots by Sir Robert Cary. MY dear Brother , I would to God you knew , though not to feel , how my minde with imcomparable grief is disquiet , in regard of this lamentable Event , against my meaning and intent , which because my Pen trembles to utter , by this my Cosin , you shall understand it . I am not so poor of spirit , to be afraid to do what is just , or to deny it , I intreat you , that God above and many on earth may be witnesses of my innocency therein ; and that you would credit , had I commanded , I would also now not deny it . being done ; nor appertaineth it to a Prince , to shadow the meaning with ambiguous words , nor will I dissemble my Actions , out of their own colour . Perswade your self to the truth . As I know this is deservedly come to pass , so if I had meant it , I would never have laid blame on others ; nor will I impute to my self what I never dreamed . The rest he shall impart , by whom you receive these ; as for me , I would have you credit , that there is none more truly affected towards you , or more studious for you and your affairs ; if any shall otherwise suggest , believe them not . God keep you long in safety and prosperity . And Cary on his Journey , poor Davison her Secretary ( to make good the Errand ) is called to trial in the Star-chamber , before Delegates assigned ; a man of singular modesty and mildness , answered much for his innocency , as being unwilling to contest with the Queen , yet could he not endure his modesty should wrong the Truth and his own Integrity , and so suffered himself to be be guilty and censured a thousand pounds Fine and Imprisonment , which he endured a long time , and never could procure the Queens favour , though he was relieved by her charity in his great necessity , which after followed . The Qu. ( saith he ) upon the Departure of the French and Scotish Ambassadours from Her , of her own accord commanded me to prepare the Commission , for executing the Sentence against the Queen of Scots , and when it was exhibited , she willingly signed it with her own Hand ; and after , gave order for it to be made ready under the Great Seal of England ; and merrily said , Signifie thus much to Walsingham , who is sick , though I fear greatly it will make him die with grief . She added also Reasons , why she had deferred it so long , to wit , That she might not seem to be drawn unto it forcibly or maliciously ; though she were not ignorant all the while how necessary it was . She blamed Paulet and Drury , that they had not freed Her from that care , and wished that Walsingham would try them therein . The next Day the Great Seal was to it , she sent Injunction by Killegrew , that it should not be done . And when I shewed to Her , that it was done , she reproved my haste , intimating , that some other couse by some wise Persons might be taken . I made Answer , That that was always the best way , which was the justest . But fearing that she might lay the fault on me , ( as she had done the Duke of Norfolks punishment on the Lord Burghley ) I imparted the whole matter to Hatton ; protesting not to engage any further in so great an Affair . He strait way did communicate to Burghley , and he to the rest of the Counsellours , who all consented to have it hastened : and severally vowed , that they would bear the blame ; and they sent down Beal with the Commission and Letters . Three Days after , perceiving her minde doubtfull , by reason of a Dream which she told , of the Queen of Scots Death ; I asked , if her minde were altered ? No , ( said she ) but some other course might have been thought upon . And with all demanded , if Paulet had returned any Answer ? Whose Letters when I shewed to her , wherein he plainly refused to undertake it , as being neither honorable nor just ; She in anger accused him and others , which had tied themselves in Association of Perjury , and their Vow violated , who had promised great matters for their Princes safety , but would perform nothing : yet there were amongst them ( she said ) that would do as much in their own cause . But I shewed , how infamous and unjust a thing that were , and withall into what Dangers she should cast Paulet and Drury ; for if she allowed the Fact , she must draw upon her self Danger and Disgrace , besides a note of Injustice , but if she disallowed it , she must ruine well-deserving men and their posterity . Afterward , the same Day , that she was put to Death , she gave me a Check , that the Sentence was not all this while put in execution , as thinking it not done . Hereby appears foul play intended , by another ( no doubt ) wicked way , which Paulet and Drury boggled at to perform : and yet we see , what daubing there was on all sides , to cast the blame and after-shame on any , to keep the stain and blot from the eminent Actors . And the cunning of Walsingham , who having the greatest hand in the contrivance towards her Death , craftily got out of the way at the Deed doing ; and therefore Davison appeals to him , telling the truth in his politick absence of a counterfeit cold . And Walsingham is put upon it , to work his wits how to pacifie King Iames , with a tedious Letter to the Lord Thirlstan , who had the chiefest interest in the Scotish affairs of State ; propounding to him , important Reasons , to keep the King from enmity with England ; which though very effectual , might meet with the like resolution in Him , to forbear violence , and to take up a more calm consideration . But though the Letter be long , we may not hinder it the worlds approbation . SIR , BEing absent from Court when the late Execution of the Queen your Sovereigns Mother happened , I did forthwith upon my Return impart to Master Dowglas some things , concerning the course was conceived here , by your said Sovereigns best Friends , fit to be holden in this remediless Accident ; for continuance of Peace and Amity between the two Crowns , as the best for both Nations . The rather , for that by advertisement out of Scotland , I understand that the Queens Death is like to breed a strange Alienation of his Majesties minde towards this Realm , tending ( as is reported ) wholly to violence and revenge of that , which hath been done so necessarily by the whole Body of the same ; whereof , as for my own part I should be sorry , so it is generally hoped , that his Majesty being of that singular judgment himself , by the good help and advice of such as you are in credit and authority about him , men of wisdom and experience , whom he will hear , this mischief , will ( notwithstanding ) be carefully and prudently prevented ; considering how every way all things being rightly weighed , this course will be found prejudicial , as well to your Sovereigns Estate , as to his Reputation , if he resolve to persist therein . For first , the Enterprise will undoubtedly be condemned , in the sight of all such as shall not be transported with some particular passion ; for that they shall see , that he takes Arms for revenge of an Action ( besides the necessity wherein it is grounded ) full of so honourable and just Proceedings , as , however the effect was contrary to their liking , the manner thereof , by the late Queens great Favourers , could not but be approved and allowed . And as on the one side , the King your Sovereign oppugning the course of Justice ; of so unlawfull , unjust and desperate a Quarrel , cannot be expected any other thing than an unhappy and miserable issue : so , we being assured , that in the defence of Justice , the assistance of God his mighty Arm will not fail us , whose Judgment this was , need not to fear ▪ what ever man shall attempt to the contrary , against this Realm . But not to stand upon the justness of the Quarrels , which every man perhaps will not so much regard ; It would be considered , what means your Sovereign shall have to go through with such Enterprise , if he take it in hand . For , the Forces of his own Realm , being so far inferiour to these in England , no man is so simple , but seeth it were no way safe for his Majesty , trusting onely thereto , to make Head against the power of this Land , neither is it thought , that any man will be found so unadvised , as to wish him so to do . But , as it may be , that a great Number ( for lack of understanding ) are carried away with such Discourses , ( as some without solid ground imagine ) of that might be done in this case by a King of Scotland , backed and assisted ( as they conceive in the air ) with the French and Spanish aid ; so it is likely enough , there shall not want those , that either in satisfaction of their private passions , or supply of their necessities , or better affectionating of some other their private design , would be content to serve themselves of this present publick occasion and oportunity , who will propound and promise more to his Majesty , of such forein assistance , than they know in their consciences , can be performed , if he would declare himself Enemy to this Realm ; which that he should , ( though to his own ruine ) the Enemies of both Nations , will do what they can to procure . But men of wisdom and understanding , laying before their eys , as well the accustomed delays , and after long ●ollicitation and pursute , the simple supplies and support , commonly found at these forein Potentates hands ; as also , how doubfull and uncertain the success of War may appear ; England ( God be thanked ) being so prepared , and in case to defend it self , both otherwi●e , and also by the conjunction of Holland and Zealands Forces by Sea ; in respect whereof , this Realm need not fear , what all the Potentates of Europe being bended against us , can do , to afford the same ; Due consideration ( I say ) being taken hereof , you will easily judg and finde , how vain it were , for your Sovereign , upon so uncertain hopes , to embarque himself and Estate in an unnecessary War : but much more , if you shall consider , what a sequel and train of Dangers , this War draweth therewith , the consequence whereof reacheth to whatsoever your Sovereign possesseth , or hopeth for in this life . For , escaping to be slain in the field , if he should happen to be taken Prisoner , or be constrained to retire himself out of the Realm , ( things that have often fallen out in experience ) and then , having incensed this whole Realm against him , he should be disabled from any Right in the Succession of this Crown , ( as authority is given to do it by the same Statute , whereby they proceeded against his Mother ) for attempting the Invasion of this Land , what extremity should he be reduced unto ? And truly it could not otherwise be , the antient enmity between the two Nations now forgotten , being ( by drawing bloud one of another again ) likely to be in such sort revived , that it would be impossible to make them to receive a Prince of that Nation , and especially Him , who had ( upon so unjust ground ) been the Author of so unhappy a Breach . Besides that , the greatest part of the Nobility , by whose judgment the late Queen was condemned , and the rest of the principal Gentlemen of the Realm , who confirmed the same in Parliament , should have just cause to adventure any thing , even to the marching over their bellies , rather than to yield to his Government , who carrying such a vindictive minde , they might doubt , would not day call their Lives and Honours in question . And as for the remedy and relief which he might attend ( standing on those terms ) of forein Princes , there are many Examples of former Ages , and within fresh memory ; as the King of Navar 's Grandfather by the Mothers side , and Christian King of Denmark , both being allied to Francis the First , and Charls the Fifth , two of the mightiest Potentates that reigned of long time : and that this present Don Antonio , may su●fice for Examples , to teach all Princes , ( if they can avoid it ) to beware how they fall into that state , whereby they shall be enforced to seek their own by other Potentates means ; Princes , not being so ready in these days , to embrace other mens Quarrels , but where they are extraordinarily interessed in their own fortunes . Wherefore I doubt not , but it will be seen by men of judgment , ( not transported with passion , or led away with private respects ) that it should be every way , the onely best course for your Sovereign , by a good and kinde usage of Her Majesty , and by shewing that Princely moderation , as well in this grievous Accident of his Mothers death , as his whole proceeding with this Realm ( which his Highness excellent Education seems to promise ) to seek to win the hearty good wills of this Nation ; as the chief and principal assurance he can in any sort obtain . For , to trust and depend either upon the French King , or the K. of Spain , as if by their assistance , he might attain to the present possession of this Crown , they being indeed the only two Potentates , whom he must have recourse unto , if he reject the amity of England ; whosoever shall so counsel your Sovereign , ( as things now stand ) shall in the judgment of men of the best understanding , be blamed either of fidelity or want of wisdom , drawing his Majesty unto so untoward and desperate a course . For , it is no way safe for any Prince to repose his trust and strength upon their favour and assistance , to whose desires and designs his greatness may yield any impeachment or hindrance ; so it were clearly against common reason , to expect other support and assistance from them , than might stand with their own commodities and pretensions , in respect whereof , neither of the two foresaid Kings can simply and roundly joyn with his Sovereign to his good . First , his Religion being odious to them both , and likely to prove most prejudicial to the Catholick Cause , he growing so great , as he should be made by the union of the two Crowns ; the consideration whereof , caused his Mothers affairs to stick a long time , and made now in the end , to leave him quite out of the reckoning , ordaining the King of Spain her Heir , if her Son became not Catholick . Next , it is meerly repugnant to the policy of France , were it but in respect of the ancient claim which England maketh to that Crown , to suffer the uniting of this Island under one Prince . They have been content in former times , when England had footing in France , to serve themselves of your Nation , therewith to annoy this Realm , by the means of diverting or dividing the Forces thereof ; and so perhaps the Politicks of France can be content to wish at this day , by your Sovereigns Quarrel , or any such like , to be eased of the burthen and miseries of the present War , wherewith they are plagued , by transporting the same into this Island . But as this Realm hath good means to prevent the mi●chief , if it were intended ; so were your Sovereign to look , when all were done , but to be made an Instrument , as his Predecessors have been , of the effusion of much Scotish bloud , for French Quarrels , and the desolation of that Realm . And as things stand presently in France , it is not to be thought that you shall finde the King ready to hearken unto any Enterprise of this Land ; He being most desirous to live in peace , both with his Neighbours abroad , and with his Subjects at home ; but that he hath been forced full sore against his will , by the practice of them of the House of Guise , to countenance with his authority the Civil War raised in that Realm ; which maketh him ( what ever shew he hath to shadow out the contrary ) to hate them in his heart . Neither would it be held sound counsel , to be given him , by any that depends upon his fortune , to further the advancement of a King of Scots so nearly allied to that Family , which he hath discovered , and greatly feareth to level at his own Crown , with any intention to depose him , which by the greatness of a King of Scots , they should be so much the sooner and better able to effect . The King of Spain's assistance , being now in War with this Realm , were more likely to be obtained , but far more dangerous to be used , in respect of his most insatiable ambition , deep practices , and power , accompanied in this case with a colour of Right , wherein how far he would seek to prevail , any opportunity or advantage being offered , it may be justly doubted , by the experience that sundry States have had , which upon slender grounds of Title , have been extorted and wrung from the true Inheritors , and annexed to his own Kingdom , as Navar , Portugal , and all that he possesseth in Italy , hath been . It is believed , that the King of Spain , considering his years , and unsettled Estate every way , would willingly incline to peace , if it were offered , with reasonable conditions , and not over readily at this present , imbarque himself in any new Enterprise . But , otherwise it is well known , as he had fancied to Himself the Empire of all this part of Europe , so he had an eye to this Realm ever since he was King , in Right of his Wife . The Conquest was intended under colour of Religion , as it was discovered by some that were of his Privy Council at that time ; his pretension to be Heir of the House of Lancaster , and ( since the late Queen of Scots Death ) the first Catholick Prince of the Bloud Royal of England , as also the Donation of this Crown , made to him by the Queen of Scots in her Letters , with a promise to confirm it by Testament ; ( things blazed abroad by the Spanish Ambassadour at Paris ) ought to breed jealousies and suspitions in your Sovereigns head , and give him true cause to think , how he should be used at such an Assistants hand . Auxiliary Forces have ever been reputed dangerous , if they either in number or policy were superior to them that called them in . The Assistance therefore of Spain and France being of this nature , as your Sovereign hath need of neither , so he shall do well to forbear them both , and so shall it be well for his ease . It may be , some will pretend by change of his Religion , your Sovereign shall better his condition , in regard of these forein Princes ; besides , a great party within this Realm , that thereby shall be drawn wholly to depend upon his fortune ; but the poor distressed estate of Don Antonio , being a Catholick Prince , spoiled by a Catholick , and receiving so little succour at Catholick Princes hands , shall be a sufficient bar to all that can be said in that behalf . As for the Catholick party in England , in his Mothers life , it was never so united , as they drew all in one line , much less will they be brought suddenly to rely upon him , if he should alter his Religion , ( as God defend ) which would be his utter discredit and overthrow , both with the one and the other party ; neither having cause to repose confidence in him ; the Protestants , because he had renounced the Religion , wherein he was with great care brought up . The Papists , because they could not be assured in short space , that he was truly turned to their faith ; yea , all men should have reason to forsake him , who had thus dissembled and forsaken his God. And whereas it was given out , that divers do insinuate into your Sovereign , that his Honor and Reputation is so deeply interessed herein , as it must necessarily turn to his perpetual ignominy and reproach , if he give not some notable testimomy to the world , of the affection and dutifull love he bare to his Mother ; your King being of that singular judgment , that he is thought to have , cannot be ignorant , how far true honour ought to possess a Christian Prince , that is , not whither Passion or fury useth to carry men , but whither Reason or Wisdom have laid the bounds , that is , within the compass of Possibility , Decency and Iustice. If the late Queen had been innocent , Revenge had been necessary , just and honourable ; but being culpable , contrary , ( in all reasonable mens judgments ) he hath sufficiently discharged the duty of a Son , in mediating for his Mother , so long as she was alive , and so far as he was able to prevail ; they which require more at his Highness hands , may be presumed , not to regard what beseemeth his Place and Dignity , but to seek the satisfaction of their own particular passions and desires . And whoever perswadeth his Majesty , that the mediation used by him for his Mother , contrary to the humble pursute of the whole Parliament , hath already given that offence to the Nobility and People of this Land , as it behoveth him of force to have recourse to forein supports , doth greatly abuse both his Highness and this Realm ; for as they were not ignorant , what Nature might and ought to move his Majesty unto , so long as there were any hope of her life ; so , they do not doubt , but that reason will induce him to leave sorrowing , and thinking of her , in due time . Thus have I troubled you with a long Discourse , whereunto the desire I have of the continuance of amity between the two Crowns , hath carried me unawares further than I purposed ; all which , I refer to your consideration , not doubting that you will afford most readily and willingly all good offices that shall lie in your power , to the end that a happy conclusion may ensue hereof , which shall tend to the common good of the whole Island . And so I commit you to God. From the Court at Greenwich , Martii 4. 1686. Your Lordships assured Friend , FR : WALSINGHAM . Here was good Counsel for the King , but for the present , in great discontent he calls home his Ambassadors out of England ; the States of Scotland urge him to a revenge , to seek aid of forein Princes , and a Navy from the King of Denmark , whose daughter then was in treaty of Marriage with him . The Catholicks suggested , rather to joyn with the Pope , Spain , and France , and to desert the Puritans ; who ( they said ) would murther him , as his Mother . Some willed him to be Neuter , to take time to bethink , and by that means , whilst his distempered condition gave excuse for his Acting , he might piece himself to that party , where he should be sure of best support . Alwaies , he resolved to keep peace with England , and constancy to his Protestant Religion . And thus , whilst his wisdom beyond his age ( twenty two yeers ) sate still , the Queen feared the more ; not knowing , what Counsel might provoke him to her prejudice , and so stayed some time , till the length thereof might mitigate her sorrow , being indeed to big to be cured , till it should lye down , and rest with its own weight and weariness . Therefore knowing how mightily the French wrought in their mine to provoke both Nations to publike defiance , she maturely sends several Messengers , and afterwards the Lord Hunsdon her Ambassador , with studied arguments , to take off his adhering to foreign friendships , and the danger thereby to both Kingdoms , where his interest in succession was most of all concerned , being his just right , to which his Mothers sufferings could be no prejudice . But the next yeer , Philip King of Spain , sends to the Duke of Parma his Governor in the Low Countries , in his Name , to promise to King Iames mony and Amunition , sufficient , to attempt revenge for his mothers death . Parma sends over to Scotland Robert Bruce , a Scot by birth , and noble family , with money to quicken his purpose . The Pope , also , Pius Quintus , dispatches thither his Bishop of Dublin , to promise to the King the Infanta of Spain in marriage , if he would turn Romane Catholike ; but faithfull , Metallan the Chancellor , frustrates those hopes , and returns him home with a flea in his ear . But ere he departs , he designs on William Creyton a Scot also , and sometime Rector of the College , of Iesuits in Leyden , to stay behind ; and this man treats with Bruce to murther Metallan . Bruce refuses that Assassination ; and then he is urged to hire with Parmas mony , some needy noble man there , at a banquet , to poyson the King his invited guest , and was denyed in that also . Then he quarels with him to part with fifteen hundred Crowns , to distribute them to three other Lords to effect it , but being refused in all these , he stayes the time to work out other mischiefs hereafter ; and Parma dying , he accuseth Bruce of Treason ( for not willing to be a Traytor ) and for which he indures long imprisonment ere he got liberty . The Earl of Angus ( to make him quiet ) was sent the Kings Lieutenant on the Borders ▪ this was done to rid hm out of the way of disordering the Court , where he was ever factious , and to his own liking also , for he was contented with the condition of those people , with whom he spent much of his former time of treachery and trouble ; But his disease , there , increasing , he dies . He was of a swart complexion , tall and slender , well proportioned and strait ; of a weak and tender constitution . His death was ascribed to witchcraft ( frequent profession with them ) by one Barbery Nepair in Edenburgh , wi●e to Dowglass of Castogle , who was condemned , but execution deferred , she being with child , and for the present reprieved , and after neglected , and so saved from the Gallows . Annia Simson also a famous Witch confessed , That a picture of wax was brought unto her , having the letters A. D. written on it ( which she was told , signified Archiball Davidson ) and which she execrated after her form ; but it seems it proved Archiball Dowglass ( or Davidson ) for his father was named David . He dyed the nineth Earl , and the last of his race . If it were not natural to the Scots to be contrivers of mischief in their own Bowels , yet now it was not policy for England to let them need their helping hands therein ; and therefore new troubles are stirred up in the Scots Court. The Master of Gray conspiring with the Lord Maxwell to kill the Lord Thirlston , Sir Iames Hume and Robert Dowglas reveale it to Sir William Stewart ( who was returned to Court ) and assure him , that Thirlston , Gray , Blantine and himself brought in the Lords at Sterlin , and put his brother Captain Iames Stewart from Court , which now he repented , and would this way assist him to revenge . Stewart not confident in the man , discovers all to the King and Thirlston complains to the Councel , which Gray denies , and Sir William justifies , and more , accuses him of abuse in his late Ambassie into England , and treacherously consenting to the death of the Kings Mother . But these accusations referring to truth and a leasurely Tryal , they were both committed . Which came again to examination and further accusation of Gray , for letters to the French King and Duke of Guise ; not to assist Scotland in revenge of Queen Maries death , unless the King would tollerate Catholiks , which Gray could not deny , but begged mercy , ingenuously confessing that he finding Queen Elizabeths resolution , advised to put her to death , rather in private , than in forms of Justice ; and acknowledged those words mortui non mordent , to be his , and so meant , and not as they were detorted . And so craving the Kings gracious favour , was condemned and banished ; A rule of the Kings clemency , never to ruine , whom he had affected . The King now twenty one yeers compleat ( and more ) calls a Parliament in Iuly at Edenburgh , and for preparation , summons the Noblemens whom he reconciled from all controversie , and feasts them all at Court : And being the better whittled , they went hand in hand by couples to the Market-cross . A rare sight to the people if it would last . He hoped to do as much with the Churchmen , Ministers and Prelates : But soft , they are not in charity with the King himself , for the committing of their brethren Gibson and Cooper , which was an offence to the Godly , and for the admitting Montgomery ( by the Kings desire ) who was excommunicate . It must not be but by sparing some of his punishments , in case the King release Cooper ; so nothing done for either . And being now up in spiritual Arms , they petition the Parliament , That the Prelates might be removed from sitting among the Estates , as having no authority from the Church , no function nor charge at all . But the Abbot of Kinlass made answer , That the Ministers had disorderly shut them out of their Churches , and now would turn them out of their places in Parliament . And indeed do what the King could to the contrary , there passed an Act for annexing the Temporality of Benefices to the Crown , upon pretext of bettring the patrimony , and to leav the honor of Estate without Taxe on the people , but to the utter decay of the spiritual ; Priors and Abotts being turned temporal Lords , which the King afterwards finding inconvenient , advises his son in his Basilicon Doron to anull , That vile and pernicious Act , as he calls it . The Borderers were up , taking advantage of any quarrel , now make incursions upon England with fire and sword , beginning the revenge for their Queen Mother , as they termed it . Hereupon Hunsdon Governor of Barwick gets audience of the King ( all others before being refused ) urging the most of Walsinghams reasons before mentioned , as a hazard to his succession , to raise war with England , and satisfies the King with a Declaration of the Judges , and the sentence of Davison in Star-Chamber , as if all had been done without Queen Elizabeths knowledge , and so the Borderers were commanded to be qniet . An Ambassadour Patrick Vaus of Barnborough from Denmark , accompanied Peter Yong the Kings Almoner , who had been sent to Treat of the Marriage in May last , return now in August with the conclusion ; and that in the spring , a Nobleman should be directed to accomplish the Ceremony in Denmark and bring home the Bride . But the death of King Frederick her father in Aprill , delayed the business for certain moneths after . To end this yeer , comes over divers Jesuits and Priests , to deal with the Catholicke Lords in Scotland , to assist the next yeers invasion of England , in hope to find friendship if they should be forced on their Coast , and outwardly made it their business of revenge , for his Mothers death , promising to conquer the Crown for his sake , that was sure , otherwise to wear it ; but the King hastely returns them home again , and proclaims against them , and their Abetters . And the Church-men taking fire , though all fear was quenched , they Assemble Lords and Laicks , and in a confused multitude beset the Kings resolutions , to do of himself , what they so earnestly desired . And therefore in great choler sends them word , That they meant to boast him with their power , and force the execution of their demands , and admitting some of the number , they confer with the Kings Councel , and so a good course was concluded against the Catholicks , and the Ministers bidden to depart . Nay , now they are up , allay them who can , for ere they disband , the grievances of the Church must be rectified . Iames Gibson heretofore censured for his misdemeanour against the King , and had liberty upon promise of his Recantation and Submission in the Pulpit ; but the man had a new Light , and told the People , that out of infirmity he had confessed a Fault , but his conscience now was otherwise revealed ; that his actions heretofore were innocent . The Chancellour hath the opinion of the Assembly , whether To call the King Persecutor of the Church , and threaten him to be the last of his Race , were well done ? and this to the People out of the Pulpit ? Much ado in dispute , to finde error in so godly a man ; the major Votes made it offensive ; and in the afternoon he was to appear for defining the Censure ; but in the mean time Gibson gets away , and was excused , being in fear of the King , so great an Adversary ; and this endured a long debate , in behalf of him , ere the Kings Advocates could plead a distinction , between his Majesty and their Ministery ; and all that could be gotten for the King was , the man to be suspended , during the pleasure of the Assembly , which lasted but the next meeting in August , where Gibson gives his Reasons of not appearing before , for fear that the affairs of the Church might be hindered by disturbance , if his person had then suffered in presence of the People . Upon this deep Declaration , without asking leave of the King , he is purged of his contumacy , which so incensed the King , who taking upon him to be some-body , the Fellow was forced to fly to the factious Brethren in England , who were labouring to bring in the holy Discipline into that Church also . For the infection of Schisms had spread abroad in England greater Injuries and more impudent Contempts than had been known before , upon the Temporal and Ecclesiastical Magistrates , by the Puritans ( as one calls them ) of those days ; and Queen Elizabeth , Semper eadem , not enduring Innovation , as impugning directly or obliquely the Royal Prerogative . The Zealots for the Geneve Discipline , railing at the English Hierarchy with scurrilous non-sense Libells , by names of Martin-Mar-Prelate , The Demonstration of Discipline , sought mischief upon the Bishops ; the chief Authours were Penry , Udal , Ministers ; Iob Throgmorton , Knightley and Wigstone , Laicks ; their Favourites drawn in , to defend their Railings , and were soundly fined in Star-chamber ; yet they privately held conventicles , and had their Synods , Classes and Presbyteries ; for this cause Thomas Cartwright ( the Father of the Disciplinarians ) Snape , King , Proudlow and Pain , were questioned , whom certain conspired to rescue ; and so great was the petulancy of these Patriarchs and their Disciples , as would require a particular Volume to unfold . See Hist. Q. Eliz. by Martin , fol. 782. The King , to keep things fair with England , resolved to visit the Borders with some Forces to the West Marches , whither the Lord Herries was fled , but submitting , and promising to conform to Protestancy , he was dismissed , and sent to his charge there again . Whilest the King was in this Expedition , the Lord Maxwell formerly having leave to travel into Spain , and perceiving there the great preparations for an Armado of Ships to invade England , returns home ( invited by some Scotish Catholicks ) against his promise , without the Kings leave ; and lands in a part of Galloway in April , where it was rumour'd that the Spanish Navy should land , about the West of Scotland , and so by Maxwels means and assistance , they would joyn with the Borderers and enter England that way , the most likely to prevail ; where numbers of loose Libertines and out-lodgers repaired to Maxwell , of which the Lord H●rries ( being in his Wardenship ) acquaints the King. Maxwell is sent for to compeer , but refuses , and fortifies his Houses and other Holds , levies Horse and Foot , and expects to encounter with the King , who came to Dunfres with so hasty marching , that Maxwell was almost surprised in the House , but gat away some hour before to Galloway , whilest some resistance at the Town Port , gave him that opportunity and leasure to escape . And on the King goes , summons Laugholme , Treve , and Carlavarock , places of strength , who surrender , but the Castle of Lochmaben commanded by David Maxwell , bids defiance to the Kings face , and made it good against the Assault , untill Ammunition and great Guns were sent for to the English Warden , who forthwith committed them to a Guard of Souldiers , and at the Approach and some Shot , they yielded to parly with Sir William Stuart , for the King , and to render the Castle upon quarter of Life ; but the Captain refusing the Kings Summons , was hanged , the rest had pardon . The King stays not , but pursues Maxwell to Dunfres , and sends Sir William Stuart to follow the chace , and forced him to fly to Sea in a small Bark , whom he follows in a Ship of the Town of Ayr , overtakes him a fews Leagues off , and forces him to yield , who is brought to land , and presented a Prisoner to the King ; this was held timely good service , which so pufft up the young Knight with pride , that some weeks after , contesting with insolent words to the Earl Bothwell , at Edenburgh , he kill'd him outright . The noise of the Spanish Navy gave fears of their setting forth in August , and in prudence for the Scots also to arm , not knowing whom to trust , the King convenes his Nobles at Edenburgh for their advice . For howbeit ( said he ) I have no occasion to distrust the Friendships and League with all Christian Princes and Estates , yet the Case of England lodges so near upon us , as in time may turn to be our own , and we forced to share in their Troubles ; the Spanish intention is for England , and seeing my Right in Succession to that Crown , it were no wisdom for me , to suffer another to possess it before ; and the Spaniard hath not usually been so kinde or consciencious to depart with any thing he lays hand upon , though anothers Right ; they take Religion for a Pretext of their Invasion , but it is the Kingdom they seek ; and we professing the same Faith with England , are sure to fare accordingly , as in their Success ; and the Prosecution of their Holy League will fall upon us also . But I have ever thought , mine own and the safety of Religion , so conjoyned , as they cannot separate ; nor do I desire to live and reign longer , than I shall maintain the same . I suspect what many may counsel , that this occasion fits Revenge for my Mothers Death ; but , however , I am not over credulous , as to be confident of Queen Elizabeths excuses , concerning here ignorance therein : nor will I be so unwise as to accept the assistance of one mightier than my self , to fight my cause , lest he become Master of us all . Thus you see my minde , and my Reasons ; give me your advice and assistance , what we shall do . The Chancellour seconded the Kings opinion , by many historical Examples , and discreet politick Arguments ; yet since the Queen had not desired any aid from your Majesty , it would not be amiss to secure your own Territories , by not suffering the Spaniard to land in your Dominions : that a general Muster may be taken , and some Noblemen named , to whom the People might resort for Command ; that Watches be set upon the Sea-coasts , and Beacons erected to allarm the Countrey , and that the King and Council would reside at Edenburgh , for Command and Authority over all . Bothwell urged other Arguments of Revenge , and to invade England , from whom in this exigent ( said he ) we shall be sure to force good conditions ; and as for himself , he had already raised Forces , at his own charge , for the publick service , as an Example for others to do the same ; expecting that his opinion would prevail for Invasion . But the King commanded him to guard the Coast , according to his Office , ( Admiral of Scotland ) and so he seemed to be satisfied . To instance the dangerous Treacheries amongst some of the Scots , against their own Nation , in reference to the Spanish pretentions , appears , first in the Design of Colonel ●Semple , who had about six years before , betrayed the Town of Lire to the Spaniard , and from that time remained in Flanders with the Prince of Parma , arrives now at Lieth , pretending a frivolous Commission from Parma to the King , which seemed of so small importance , as that it was apprehended rather a false colour of practice with some evil disposed persons , Sir I. Carmichel Capt. of the K. Guard is therefore commanded to have an eye upon his Actions , till the King returned , being now journeying to Falkland ; Carmichel does so , and having intelligence of a Pinnace newly arrived in the Frith , and a Passenger already landed , went hastily , and surprizes Semple , reading of the Dispatch , seizes him and them ; the Colonel offers of himself to attend the Council , but by the way was rescued by the Earl Huntley , who undertakes himself to compeer with him . The Chancellour hears of this , being then at Church , ( the general time of Humiliation ) and with a throng of people following him made after Huntley , but the King happily returning met them before , and brought them all to Edenburgh . The Chanc. informs the K. whom Huntley opposes with a weak Defence for himself , whilest the Colonel escapes away , and never more seen . The King had a gracious inclination to Huntley , having very lately married him to a gallant Lady , of kin to the King , but dismissed him the Court untill the Spanish Navy was dissipated , and the general joy of that Defeat made all Friends at home . Queen Elizabeth much pleased with the Kings fore-sight , and with Maxwell's Commitment , and Huntley's Banishment , with other the like prudential Providences of the King , sends Sir Robert Sidney in August to congratulate his wisdom herein , and to conclude mutual assistance , in case the Spaniard should land on either Kingdoms : and discoursing of Spains ambition to seize on England , Sidney said , Your Majesty may be assured of the like kindness at his hand , if he prevailed . The King merrily answered , That he expected the same which Polyphemus promised to Ulysses , to devour him after his fellows : and so with great curtesie dismissed him , upon whose return home , another Messenger was sent with News of the Navies overthrow . But not to sit down with the contrary of Caesar's Motto , who no sooner came but he overcame , this Fleet no sooner seen but was sunk in the Sea ; the wonder of the worlds apprehension , so invincible an Armado , must needs demonstrate to these Nations Gods gratious and powerfull arm in the overthrow ; and though the main intent was against England , whose Prayers and Pens have often given the glory to their Redeemer ; yet because some spoils of that wreck were cast on the Scots coasts , we may not refer the Reader without the Book to others relation . This Discourse I finde imprinted anno 1688. suddenly set out by the Queen to rejoyce her Subjects with each particular , and published after by other Nations , in French , High Dutch , and Hollands . The Introduction invites the Reader to a religious consideration of the promise and power of God to defend his Church and People , by Examples ; Lamech ( trusting to his sons inventions Iubal and Tubal-Cain ) boasteth unto his Wives , that he would not take the least injury , but he would slay a strong man in his wound , and a young man in his hurt . Nimrod ( in the second Age ) hunting men like wilde beasts , erected a Tower to reach to Heaven , in pride and contempt of God. Nabuchadnezzar , Nicanor , and others the like . It hath been frequent for the wicked to encourage themselves , and discourage the good , the one mighty in number , the last but few and weak ; to that end tended the railing Rabshake the blasphemous Ambassadour , of the wicked Sennacherib ; Make war ( saith he to Eliakim ) with my Master the King of Assyria , and I will deliver to thee two thousand Horse : Have any of the Gods of the Nations delivered their Land from the King of Assyria ? Where are the gods of Hamath and Arphad ? those of S●pharvaim and Ivah , that the Lord should deliver Ierusalem out of my hand ? Truly the Italian Lamech , and Spanish Nimrod , the Pope and Spain , the one by his Priestly practices , Bulls , Excommunications , Interdictions ; the other by his several politick assaults heretofore not prevailing , now his Babels Towers , vast and high built Bulks , Gallions , Galliasses , appear , to amaze the World , and frighten Heaven it self : so that it may be urged in opposition to all , as by the sequel was said of Iehosaphat , We had no strength to resist so great a multitude coming against us , neither knew we what to do , but our eys were fixed on thee our Lord. The first Squadron was of Gallions of Portugal , wherein were ten Gallions and Zabres , amounting unto and imbarqued in them 7737 Tuns . 3330 Souldiers . 1230 Mariners . 350 Guns . The Army of Biscay ten great Ships and four Pinnaces . 6567 Tuns . 2037 Souldiers . 868 Mariners . 260 Cannon . The Army of Castile fourteen Gallions and two Pinnaces . 8714 Tuns . 2458 Souldiers . 1759 Mariners . 348 Guns . The Army of Andelusia eleven Ships . 8762 Tuns . 2400 Souldiers . 800 Mariners . 260 Guns . The Army of Guipeuzie fourteen Ships . 6991 Tuns . 2092 Souldiers . 670 Mariners . 250 Guns . The Army of the East ten Ships . 7705 Tuns . 2880 Souldiers . 807 Mariners . 310 Guns . The Army of Hulks . 7450 Tuns . 2804 Souldiers . 640 Mariners . 315 Guns . The Pitaches and Zabres of Don Mendoza three & twenty Hulks . 10271 Tuns . 3221 Souldiers . 788 Mariners . 410 Guns . The Squadron of Zaregosse two and twenty Pataches . 1131 Tuns . 479 Souldiers . 574 Mariners . 193 Guns . The Galliasses of Naples four . 873 Souldiers . 468 Mariners . 1200 Slaves . 200 Guns . The four Gallies . 400 Souldiers . 400 Slaves . 20 Guns . Summa Totalis . 130 Ships . 20 Caravels . 10 Saluces with Oars . for publick Service . 57868 Tuns . 19295 Souldiers . 8450 Mariners . 2088 Slaves . 2630 Guns . The chief Officers were , The Duke of Medina Sidonia Captain General . Iuan Martines de Ricalde Admiral . Diego Flores General of the Army of the Gallions of Castile . Don Piedro de Valdes General of the Army of Andalusia . Michael de Oquendo General of the Army of Givopesque . Martin Bretandona General of the Ships of the Levantines . Gomer de Mendoza Commander of the Hulks . Antonio Hurtado Commander of the Pitaches and Zabres . Diego de Medrano Chief of the Gallies . The numbers of thousands of Quintals of Biscuit , Pipes of Wine , Flesh and Fish , Rice , Beans , and Pease , Oyl , Vineger , the Carriages of War , and all manner of Provisions for Land-service , would amaze the Reade● , and weary the Accountant , which was truly summed up and imprinted at Lisbone before the Fleet set out , being the 30th of May , 1588. And afterwards there followed out of Lisbon towards the end of Iune , a supply of an Army of eighty Sail of Ships to joyn with the Armada . Their design was to join with the Prince of Parma , who was to meet them in the Narrow Seas , and so to invade England together , but whether he was kept in by the Hollands fleet , who assisted the English , or was not ready , or bribed , he came not forth at all . The English had Pinnaces of intelligence , that of long time before expected the Armado , who were detained by cross winds . The English Fleet anchored at Plymouth , and having sight of the Enemy , waited on them a loof , playing upon such as scattered or lagged hinmost ; amongst whom was the Gallion of Don Pedro de Valdes , taken in fight , and sent to Plymouth . Another of Don Olenquo , which took fire , but he was saved and sent Prisoner . The Galliass of Naples sunck in the sands of Callis , In which Road the Armado anchored , attending for Parma , but by a Stratagem of eight old Ships , fitted with all manner of combustable matte● , the Ordinance charged with Bullets , Stones , Iron , and Chains , and fired at a reasonable distance ( the wind and tide serving ) they were carried in a flame upon the midst of the Enemies Fleet , at which time , the trains taking fire , it falling out to be night , and so unexpected , that not able to weigh Anchors , they cut Cables , and in monstrous confusion sayled they knew not whether , without Order or Command , made to Sea , till the morning light ranged them in some Order , and sailed towards Graveling ; but no Parma appearing , the English small Ships , swift and sure , chaced divers of them and sunck the great Gallions of Biscay . Two others of Portugall torn and tottered , fell upon Flanders , and were taken by the Dutch , The General returned Soutward with such of his Ships best provided and arrived safe at Biscay in Spain . The rest of the Fleet , taking the Sea Northwards ( in distress for Water and hindered with wind , ignorant also of those Seas and shoulds ) that above 40. sayl were cast away on the Coasts of Scotland , the Isles Orkneys , and so round again Southward , between England and Ireland . As the great Ship of Florence , fell upon the West of Scotland , fired by the High-Landers . And of all the Numbers of Ships aforesaid , onely fifty five came safe to Spain , there were lost thirteen thousand five hundred Men and Mariners , and as themselves say , not a family of repute in all Spain , but suffered the loss of some kinsman , and in this fray but one English Ship , and one hundred men in all missing . So that what the Spaniard provided in four year , was thus far ruined in four Weeks , to the glory of God , and everlasting comfort of Great Britain . The King on his part ( first at Court ; and afterwards through all his Kingdom ) gave publique thanks to God for this good riddance of so formidable an Enemy . Whether the Astrologers were in the right or wrong , that foretold of Wonders to happen this year ; and ment the success glorious to Spain ; or whether the wonder was that they should be sunck in the Sea , as they were , certainly they writ of this and the succeeding years , full of fatallity , as in France it fell out more fearful . But for the Western Isles we felt none at all ; and yet the effects were threatned by them upon all of us . The Scots Catholiques were much amazed at this event , who Parma comforted with Letters , Intimating the loss not great , which should been the next Summer , by a fresh Fleet prepared before to succour these , which now joining , will soon make good all the defects of the former . Robert Bruce brought this news to Huntley , to be communicated unto the rest of that faction , and some money was sent amongst them , but because Huntleys share was not parted proportionable to his desire , and desert , he grew cold in the cause , and in some discontent ; the King took the advantage , and advised him to subscribe the Confession of Faith , and so was reconciled to the Church , and neglected by the other ever after . But he was put upon it , to satisfy the Prince of Parma , and by letter , That after the escape of Semple , ( as aforesaid ) he was so beset by the Kings jealousies upon all his actions , that either he ought to yield , or to depart , or to have taken up forces to secure himself , which he was not then able to do , all hopes failing , with the evil hap of the Spaniards . But what had evil effect , he should endeavour to recover , by some good service for advance of the Catholique Cause . However God had put him in such good credit with the King , as that he hath altered his Guards , and added of his own friends , by whom he hopes to be assured , and at convenient time to be Master of the King. And so when the promised support shall arrive , he should be able to spoyl the Heretiques , and make sure for the Catholiques . Besought him to be perswaded of his unchangeable affection , though in outward shew he was forced to accomodate himself with the present time . January 1589. Edenburgh . Another such like was sent over from the Earl of Arrol ( whom Hay the Iesuit had seduced ) That since his Conversion , he was obliged to advance the Catholique faith , and that Religion , the greatest and most important cause in the world , being now joined to another civil consideration of great affinity to the affairs at Home ; He was therefore the more intirely obliged to his Catholique Majesty ; and that in Scotland , His Highness had not a more affectionate Servant than , ARROL . And at the very same time , other letters were sent by Huntley , Crawford , and Morton , ( so did Maxwell stile himself in prison ) to the King of Spain , when after their great regret , for the mischance of the Navy , they assure , that if it had visited them , it should not have found resistance in Scotland , and with their Support have assisted sufficient against England . The blame of all they lodged upon the English Catholiques refugers in Spain ; who in enmity to others , did too much magnifie their own , as best able to do all . And therefore prayed his Majesty , not to over-countenance the one , to other neglect ; but that the ends of all should aim at one . And then , remitting to the advise and Declaration of some of his own Subjects , lately returned from hence for several Commodious advantages , how and where to land an Army in Scotland , they proposed , that with six thousand Spanish , and money to levy as many more , they might within six hours arrival , be well advanced in England , to assist the forces that he should send thither . They advise him , not to make Armies by Sea , but to assign some of his forces to Scotland , others by the West of Ireland , towards England , and so the forces divided , part at Sea , others in Scotland , the enemy should be amused therewith ; referring much more to the bearer Collonel Semples relation . The Jesuits of Spain , tyred out of their plots and designs against England , resolved to work out their way by Sedition in Scotland , undermining the affections of any discontented parties , and so being put in muteny , they might easily restore their decaying Romistry . Industry and Secrecy would bring it about . To that end were imployed Bruce ( the old Lieger Jesuit ) with Creighton and Hay , his former Comrades , to perswade Huntly ( bastard son of Iohn the Prior of Coldingham , son of Iames the fifth King of Scotland ) with Arroll , Crawford , and Bothwell , to force the King from the Chancellor and Treasureshands ; and no difficulty to induce the people to resent their actions , supposing the King to be weary of such power about him , as reduced him to their dispose . The Faction of the English flesht with his Mothers death , in time would do so by him and his Friends ; and no doubt these sufferings would soon justifie their rising to rescue him and the Realm from ruin ; and no mention being made of Religion , the Country would be more calm , to resist their enterprize . The meeting must be between Lieth and Edenburgh , and so to Edenburgh , to settle themselves at Court about the King , kill the two Counsellers ; Bothwel aboade at Crichton , and kept about him some Souldiers , whom he had seduced . Crawford and Arrol , with their Friends , came to the Ferry . Montross ▪ stay'd six miles off ; But Huntley came through , and the evening of the appointed time , assisted by Kinfawnes , brother to Crawford , and some of Arrolls servants , these filling the presence find the Chancellour with the King , with some of his Friends , Ormston , Carmichel , and others , who mistrusting , encompassed the Chancellor , and so he got forth . The suspition and danger of some design intimated to the King , Huntley is sent for , examined , and committed to the Castle ; which occasioned the company with Crawford and Arroll , to dissolve , and their design discovered . And for not appearing before the Council , Arroll and Bothwell are denowned Rebells , Montross and Crawford submit , and Huntley left alone , does so too , and is permitted to go to his North Government . By the way he meets with Montross and Crawford , belay the way to surprize the Treasurer , and gave him chase to Brikel , where he was received , and they fire the House , and so forced to yield himself Prisoner , for some Weeks . But thus prepared for the cause , they take arms again , close and undiscovered , till several Messengers bring newes to the King a Hunting , That Bothwell , Huntley , and others were marching . The King gathers such Forces as he could for the present ; Bothwell ( ever inconstant ) retires to places of strength , and is left of his Men. Huntley goes on , surprizes Glams his Enemy , and Captain of the Guard ; But at the Kings neerer approach , quits all , and lurks at home amongst the Rocks at Strathbolgie ; but not safe from himself , his rebellious heart suspects the issue , and so submits to mercy , which was no worse than a Prison for the present , and afterwards he and his pardoned upon Petition . Whilst these disorders were at home , their former Letters sent to the King of Spain , and to Parma , and some others also from Bruce , were intercepted by Q. Elizabeth , which laid open all the practices of the Lords . And therefore she writes to the King , Complaining of his remissness in punishing these Treacheries , and of his kindness to such of the Spaniards , that fled into Scotland , after their wreck at Sea ; she besought him , not to delay opportunity to punish the Offenders , and to rid the Realm of such Strangers . Hereupon they were shipped over towards West Flanders , and by the way , were met a league from that Coast , by some Hollanders , set out to intercept them , who boarded one ship , putting all the Spaniards to the sword , the rest ran their ships a ground , and most of the Men pittifully drowned . A Proclamation issued out against all Iesuits remaining , and Hay , Creighton , Bruce and Graham , expressly commanded to depart , upon pain of death ; but they inticing Huntley , Crawford and Arroll , take arms together , came to Aberdeen in April , and declare , That the King is kept Captive , requiring all good Subjects to join for relief and freedom of the people . They depended on Bothwell , and his Forces in the South , whom the King proclaimed Rebels . And for the present marches against the Earls as far as Cowry , neer Aberdeen , where he was told , that the enemy was three thousand strong , and hastning to meet the King. The King put to the straight , cheers up his Company , That they had the better cause , and himself in person to suffer with them , against such , whose conditions could never be wrought upon , by benefits or good deeds , to make them loyal ; assist me therefore as you shall find me forward , rather for you , than for my self . Thus resolved , Hamilton and Angus differ for the honour of the Vant-guard ; Angus claiming the place by privilege , heretofore granted to his Predecessors ; Hamilton argued his neerness to the Blood Royall ; who carried it by the Kings favour . But the next Morning discovers the Enemy dispersed , for fear or favor to the Kings person , to which respect Crawford condescended ; but Arroll earnest to fight , and they refusing , he parted from them at , d ee Bridge , and the King returns to Edenburgh . And there in some assurance , he disposes his affairs for consumating his mariage with Denmark , and to bring his Bride into Scotland . The Earl Marshall had the Commission , assisted in Company with the Lord Dingwell , Sir Iames Seringeour , Mr. Iohn Sheen , Advocate , and Mr. Young , Arch-deacon of St. Andrews . And for the more honorable defraying the expence , a subsidy of a hundred thousand pounds ( punds I conceive ) was granted by the Council ( by a former Warrant of Parliament 1587. ) and sudden payment was made , by the well-willing Subjects , earnestly desiring a Mariage for the issue of Royal Succession in his Race . Against this time of publique joy , the Rebels humbly submit to Justice , and were impannell'd before the Earls of Hamilton , Angus , Morton , Athol , Mar and Marshall , four Lords , and four Lairds . 1. They were charged for practising with Jesuits , and others , against the Religion ; receiving money from Spain , and therewith raising forces . 2. That they had confederacy with Arroll , Montross , and others , and treasonably surprized Perth . 3. That they conspired to imprison the King , to murder Maitland and Thirlstan , Counsellors of State. 4. For besieging the house of Kirkhill , firing that house , and imprisoning the Lord Treasurer Glams . 5. And convocated by Proclamation , the Kings liege people against his Majesty . 6. They opposed the Kings forces and his Person at Dee . 7. They seized the Kings Herauld , and rifled his Letters . 8. And the last concerned only Bothwell , for entertaining Strangers , and others , at Dalkieth , forcing the Town of Lieth . They were adjudged guilty , but the sentence suspended ; Crawford committed to Blackness , Bothwel to Tantallon , and Huntley to Edenburgh Castle . We may wonder , why the Ministers are missing in all these broyls ; and now the Assembly convened at Edenburgh , the King desired them to afford him Patrick Galloway to attend his Court. They ( now ) acknowledge his Majesties Power to command , and his grace and favour to acquaint them with his pleasure . A good beginning of their duty and obedience , not long lasting : For the King having given his Kinswoman ( The Duke of Lennox Sister ) the last year in mariage to Huntley , and the Bishop of Saint Andrews celebrating the same , was then censured by the Acts of their Church ; the Bishop not acknowledging their power against his Majesties command , they pronounce and deprive him of all function in the Church , and ratifie the judgement to be proclaimed in publick . This troubles the King , and in fear of more disquiet was fain to suffer their Sentence , and to make peace with all and remits , the imprisoned Lords to liberty ; for now he hears that the Mariage is accomplished by Proxie , and the Queen at Sea ; when lo , an unlookt-for message , that the Navy of her Conduct was driven by Tempest into Norway , where she should stay till the Spring . But his affection over-mastering all difficulties , he resolves to hasten a Scotish fleet and fetch her home himself . And to shadow his purpose from any home distempers , he pretends to send the Chancellour and Iustice Clark in Commission to her . But the ships fitted , he in private sets sail in October , leaving a direction to the Council , for Government of his Kingdom , under his own hand-writing , thus . To satisfy some , concerning himself , and to take off suspition of blame upon others ; he shews them the Causes , and the reason of the manner . It hath been conceived over-long ( saith he ) to defer my Mariage , being alone , without Father , Mother , Brother or Sister , and yet a King of this Realm , and heir to another , which nakedness made him weak , and his Enemies strong . For one is no number , and where no succession , contempt follows . And my delay thus long may beget a suspition of impotency ; nor am ● over rash , or passionate , without reason to direct me , but the treaty made perfect , I resolved of a Bridegrooms honor , to make it possible on my part , which was not on hers to perform to me . For the manner , I first intended the voyage to the Admiral Bothwell ; which miscarried upon his Miscarriage . Then I commended it to the Chancellour , who in truth and prudence , made some difficulty for the State to furnish a Fleet , seeing the Queen was there provided ; but zealous of my service offered his duty and obedience , which I made publick , reserving my resolution only to my self ; not that I varied from his Counsel , as in my weightier affairs heretofore I valued ; but to cleer him from advising me this way , with hazard of my person ; and which indeed had not become any Counsellor to have done . And because his wisdom , enabled me in my youth , to what I did , it might still reflect also on my weakness , to be wanting to my self , and suffer him to act all , to the Malice and envy of others , and so in pitty to heap no more slanders on him , I made this work my own without injury to any . Besides what I have said , the short passage , and safety from Seas and Sands , without Peril of Pyrates , ( for other enemies I have uone ) conclude that it is my pleasure ; that all conform to my directions in my absence ( God willing ) not twenty daies , Farewel , Iames Rex . This Declaration was the next day after he was shipt , presented by Hay Clerk of Register to the Council , together with the directions hereafter . Seeing it hath pleased God to bring Us to the age of Manhood , and that nothing hath been more earnestly desired , by our good subjects , than to have Us honourably matched , that the Crown might descend to our Su●cession after so many worthy Progenitours . And so setting down the course of his Treaties , with Frederick King of Denmark , lately deceased , and contracted by Proxie with his Daughter , who in her voyage to Scotland , was by storms driven to Norway , willing rather to winter there , than to return back . This hazard so far adventured , it becomes him in Kingly honour and affection to relieve so great a Princess from so long time of sadness ; and to associate her Consortship with his presence , and ( God willing ) to return back in twenty daies . We hope no man will seem to regret upon our pleasure and purpose , seeing the Kingdom hath wanted a Governour longer than we now intend by our absence ; from the Death of our Grand-mother the Queen Regent , unto the arrival of our Dearest Mother out of France , fourteen Moneths , and the State in that time more happy in Peace and Quietness , than before or since , and yet we have and do Ordain . That our Council remain at Edenburgh , and the Duke of Lenox our Nephew , Pre●ident thereof , assisted by our Cosin Francis Earl of Bothwel , together with our Treasurer , Controwler ; Master of Requests , Privy Seal , the Captain of the Castle of Edenburgh , Advocate and Clark Register , or five at the least of them . Then he ordains several Noblemen in their Courses to attend at Edenburgh for fifteen daies , Anguss , Athol , Fleming and Innerness to begin ; The next course to be by the Earl Mar and Morton , Seaton , and Yester , the Barons of Lothian , Fi●e , Shrivelingshire and Strathern . The South to be commanded by the Lord Hamilton , Lieutenant General , to be assisted by the Lords Maxwel , Boyd , Herris , Hume , Cesford , and to reside at Dunfres or Jedbrough . Finally he recommended the Church to peace and quietness , and to discharge all Conventions , and other Assemblies till his return , and not to fail to remember him in their dayly prayers for his safety and happy return . And thus , having settled affairs at home , he imbarks with Maitland , the Chancelour , Ballendine , Iustice Clark , Dowglas , and the Gentlemen of his Bed-chamber and honshold Servants , and Lindsey his Minister , and ●rrived neer Upsto in Norway within five daies after . The Sunday following he did solemnize the Mariage , and the ceremony was performed by Lindsey in French , and because of the Winter season , he was invited by Ambassadours , to visit the Queen Mother , and her Son Christern King of Denmark , elect . The King , Queen and Train set forward the two and twenty December , from Upsto , and came to Bahouse , a Castle bordering Norway and Sweden the 1. of Ianuary . where he staied seven daies for a Convoy from that King then at Stockholm , and was met with a Troop of four hundred horse upon the Frozen River , and so to Denmark , the next day to Westbury five daies , thence to Falhenburgh , Holmstade , Cowhalm , Elsingburgh , and the 21. of Ianuary received by Queen Mother ( at Crownenburgh ) the young King , the Duke of Holstat his Brother , and the four Regents of the Realm , with all possible magnificence . There he remained till the end of February , and being to give honour to the Nuptials of his Queens eldest Sister with Duke Brunswick to be in April next , he advertiseth his Council , the reason of his stay , and sends for shipping to return , which were six , arriving at Elsenore in the middle of April , and landed the King , Queen and Company at Lieth , the twentieth day of May. Not without the general opinion that the Witches in the blind Light of the Gospel usually trading for Devilish Money , had his help , to hinder the meeting before ; which now ( notwithstanding ) prospered well by the Kings presence ( so it was ascribed . ) It being confirmed also afterwards , That Bothwell had inquired of them , the Kings fortune , which by Law was made Treason . Queen Elizabeth congratulates the Nuptials by her Emissary Edward Seymor Earl of Worcester , with the honor of the Garter , as she had done to the French King. In whose absence ( a wonder to all ) that no insurrection , or feud , had been in publique or private ( unless two petty Riots by Wachop and Clangregore ) nay , Bothwell so reclaimed , that in true sense of his former debaucheries , does voluntary penance , and confession in the publique Church . But this resolution lasted not long , for he returns to the vomit , to his utter undoing hereafter . The Bishops absent , Bruce performs the Ceremony of the Queens Coronation , a Iewish rite sayes the Ministers , abolished at Christs comming , and introduced by the Pope , and not to be used . Certainly that ceremony had not been used by the Jews only , and being mentioned in Iudges ( by Parable ) shews it was a custome in creating Kings ; and frequent with other Nations . Hasael of Aram , was annointed by Elias ; and Esay calls Cyrus of Persia , Gods annointed . Nor was every rite ( if introduced by Papists ) to be rejected . Seeing therefore all free Monarchs use the same , their annointing was as justifiable as their Crowning , with other ceremonies of Sword and Scepter . But rather than a Bishop should profane the office , and that one of themselvs be the first Minister Presbyter that ever sanctified that ceremony , they were content that Bruce should do it , on Sunday following at Edenburgh , & 2 daies after she made her triumphant entry through the Town , with Feasts and Banquets , Masks and shews for two moneths together . These popish proceedings in Scotland , makes Queen Elizabeth more serious at home , both Kingdomes involved in the like danger ; which to prevent , she falls upon such as gave most suspition , and having restrained Philip Howard Earl of Arundell , for three years in the Tower , to keep him out of the way of doing mischief , she now conceives it more safe to take him quite away from further danger . He is arraigned therefore at Westminster ; The Earl of Darby , High Steward for the day . His accusations were such of which usually the greater Catholiques are guilty , and being confirmed by Cardinal Allan ( before his banishment ) Parsons and other Jesuits with whom he kept correspondence , viz. for reducing Papistry here , proved by his Letters , and the confessions of several Traytors lately executed , Savage , Throgmorton , Babington , Gerrard and Shelles . But the Bull of Sixtus Quintus deposing the Queen , and so the Legacy of these Realms bequeathed to the Spaniard , together with his devotions , prayers and Masses for successe of the Armado the last year 88. was the Choak-Pear , which could not be relished . His tender years thirty three , not able to defend innocency , in opposition to those excellent Pleaders Popham , Egerton , Scutleworth , men of admiral abilities in the law , made him submit to their arguments , with some palliation and excuse , not sufficient to save him from sentence of guilt ; which he received with submission , saying , Fiat Voluntas Dei. His request was eas●e , to see his Wife and young Son , born since his imprisonment , whom he left to the Queens favour , which was effected to the Fathe● also , with pardon of his life , though she kept him up from doing harm . The loss of the Spanish Fleet and credit last year , incourages two gallant Undertakers , Sir Iohn Norris , and Sir Francis Drake , with the convenient assistance of the Queens men of War , to an expedition into Portugall , with eleven thousand Souldiers , and fifteen hundred Mariners . It was not amiss to take up the Claim , and to take in the person of Don Antonio ( base born ) Prior of Cra●o , to the Kingdom of Portugall , upon his vain expectation of that nations revolt from Spanish thraldom , and assistance of the King of Morocco , all which failed . They land at the Groyne , take and drown it , burn the villages thereabout , with slaughter of the Spanish forces three miles chace , and imbarque again for Portugal , where they land and march sixty miles to Lisbone , over against the sacred Promontory St. Vincent , where they feign there are certain Mares at a set time conceive by the Wind , and bring forth Foals , who live but three years ; several Authors say so . The Suburbs of this City abandoned , they enter and intrench , whilst Drake undertakes to pass up the River to the City ; but he failing upon the shallowness of the Water , and danger of the Castles , no Natives comming in to their design , and the Calanture , infecting their Fleet , they return with honour upon the enemy , but loss of six thousand men by sickness , to which the Northern people are subject , and by contraries the Southern are rather confirmed in the North. Inward heat being remitted or intended by outward air , as by sad experience of Iohn of Gaunt Duke of Lancaster in R. 2. and the Marquess Dorset 1512. and this now . We call it the Earl of Essex Expedition , who indeed , ambitious of common Fame , put himself to sea , and got aboard the Fleet , conceiting that their respect to his birth and quality , would receive him their chief , but was mistaken in that honour , though he carried all the commendations with the comman man , as titles get advantage from the merit of others , more deserving , though I know this comment upon that Lord , gains little credit in these our daies . With this honour of assisting the distressed Portugall , the Q. assumed an interest in others her Allies , to ballance her common Enemy the Spaniard , and his Catholique cause , as it fell out forthwith in France and Nava● . For the French King Henry the third , not likely of issue , that Kingdom was to descend to the King of Navar , and afterwards to the Prince of Conde , both Protestants ; whereupon the Catholique Peers of France combine a Holy League , Not to permit a Reformed Professour to reign , no though he renounce it , l●st he rechange his Religion with his State. This design was to exclude Navar and Conde . The fortunate Successes of the Duke of Guise , the chief of this Villany , magnifies him above the King , who in jealousie of surprize by the multitude , retires from Paris to Bloys , where his necessity forces him to consent to the Holy League , and ruine of the Religion , and Guise to be Generallissimo , and all this under Seal , and receipt of the Sacrament . But repenting of what he had done , caused Guise in the Presence Chamber to be run thorow , his Brother Cardinal to be strangled , and his Son Cardinal Bourbon , and others of the League , to be committed . Hence followed a various Rebellion , the people at liberty to do what they list ; and several Cities affecting several Governments , Democracy , Aristocracy , Oligarchy , few or none Monarchy . The Leaguers get possessession of the Crown Revenues , a new Seal , share the strong Holds , are joyn'd with some Parliaments , and all the Cleagie , who cause one of their Monks , Iaques Clement , to murther the King. The first Murther , and first occasion of that damnable Docctrine of the Iesuits to murther Kings , which the Pope Pius Quintus stiles , Rarum , in●●gne , & memorabile , non sine Dei particulari providentiâ & Spiritus Sa●cti suggestione designatum , & longè majus esse , quam illud sanctae Judith , qu● Holo●ernam è medio su●●uli● . The Iesuit Francis Verona Constantinus in his Apologie for Iohn Casteelin , &c. C●m e● tempore , &c. that King being become intolerable , it was not lawfull de jure or de fa●to , ●o condemn this Act of Clement , by reason of King Henries tyranny in Church and State , for his horrid Murders at Bloys , oppression of Catholicks , and favour to Hereticks , and so became a private man subject to the Civil and Canon Law. Besides , ( says he ) this act was lawfull , being committed upon him , from whom all obedience and alleageance of his Subjects were taken away by the Pope . Platina , another Historian , makes it the common opinion , E●m ( Clement ) à nemine ad hoc factum subordinatum , ●ed à ●eipso po●tquam duabus aut tribus mensibus in hoc animi conceptu persever●verat ad hoc arduum opus permotum esse & instigatum ; post jejunia longa , post orationes ad Deum continuas sese certissimum hoc periculum adiisse , in vitâ Quinti , pag. 180. But Marian a Spanish Jesuit says , Clement had often premeditated with himself , and imparted it to ●ome Divines , who concluded it lawfull for any man to kill a King that is a Tyrant . Mar. Lib. de rege et Regis Institutione cap. 6. pag. 53. though the Council of Constance possitively forbids it . The Leaguers banish Navar from the Crown and Kingdom , and differ about election of a King , for though divers were in dispute , they ( with some Justice in Rebellion ) elect Cardinal Bourbon , ( a degree neerer to the Crown , than Navar ) and released him out of Pri●on to the Throne . And the Duke de Maine a pretender , is pleased to be Lieutenant General of France , who instantly intends to surprize Navar ( proclaimed likewise King of France ) at Diep , or drive him out of all . Navar implores Q. Elizabeth , profers league with her offensive and defensive ; ●he , in reverence to Religion , and pitty of his distre●s , sends him twenty thousand pounds in Gold , by which he kept his Stipend●aries , Germans and Swisse from revolt ; some ammunition , and four thousand men , conducted by the Lord Willoughby , with four Collonels , Wilford , Burroughs , Drury , and Baskervile . The ●ame of the Queen interessed , and these mens valour , discomfited the Enemy , the day before their landing , who fled with bag and baggage to Paris , and are pursued by the English and French , who take divers pieces in Normandy , and return home . The King of Spain this while , lay gaping after these distempers , fomented by Mendoza his Ambassadour , and Cardinall Cajetan the Popes N●ncio , not without their insolent proposition to nominate Spain Protector of the French Catholiques , with such Prerogatives to boot , as he enjoyes over Naples and Sicily , of bestowing all Offices Ecclestiastical and Civil ; By which the French themselves foresaw his ambition , to promote their Religion , with loss of their Reason . Thus stood the State of France , distracted , Navar unsettled , war increasing , which hindred the Queens design to promote a Match between the King of Scotland ; and Katherine Navars Sister , as defensive interests in Religion to counter with the Catholiques , and therefore she had advised the King to mary himself to his ●●king ( for Katherines years was with the most , and her means with the least ) which she understood was settled a year since on Ann the Daughter of Frederick the second King of Denmark . But Navar she protects with great sums of money , she had len● him not three years ●ince , a hundred and one thousand five hundred and sixty French Crowns , wherewith he levyed his German Souldiers . And the last year , seventy and one thousand one hundred sixty five more . It cost her twenty thousand Willoughbyes expedition . And now this year she lends him thirty three thousand 〈◊〉 hundred thirty three more , to muster an Army in Germany , and as much more she spent for sudden service . Thus much for France . Every two moneths she paid to the Garrisons of Flushing and Brill one hundred and five and twenty thousand ●●orins . And two hundred and threescore thousand more , to 3000 horse and foot in service with the Low Countre●● . Besides other Sums of mass expence , at home , and her own expeditions by Sea , and in Ireland by Land. Whether these moneys are mistaken by Historians figures , the addition of a Cipher multiplying the same , otherwise they are incredible ; but indeed this was the way to dy poor , for she was much in debt . But she was not nice in Husbanding her expence to good purpose , or in providing for the main , by extraordinary waies ; for she was sometime put to shifts then , as well as her Successor since ; and by the Customer Carmardines intimation of the value of Commodities , she raised her Farmer , Sir Thomas Smith , from the rent of her Customs of fourteen thousand pounds sterling annually , to two and forty thousand , and after to fifty thousand . This gain was not put up to his own purse no doubt , for the Lord Treasurer , and Leicester , and Walsingham opposed Carmardine ; whether of intercepting their Bribes therin , or disparagement of their judgment and care , not to finde it out themselves . By her bounty to France , she kept off the Spaniard from hence ; her own judgment , that the end of France its ruine would be the Evening to England , contrary to others opinion , that now the cantoning of France by the Spaniard , Leaguers , and particular Pretenders , she might put in for her share , Picardy , Normandy , or Brittain ; but she kept them off from others . For the Duke of Parma for his Catholick Majesty had run through Picardy , called in by the Leaguers , to relief of the Rebellion at Paris , and Io : de Aquila of Spain invited into Brittain , to settle of pretension of the Duke Mercoeur to that Dutchy . Queen Elizabeth looks upon this dangerous Neighbourhood , and speedily she resolves of three thousand men into Picardy and Brittain ; and it was time to prevent the growing power of Spain admitted now into Paris , who vouchsa●ed their lawfull Sovereign no other Title but King of Bern , but the Spaniard as their Lord and King ; the Pope also lent some Switz to the aid of the Leaguers , against whom the Queen proclames it Treason , to assist them by any Traffick . This Assembly of the Church now in Iune , petitioned the King ▪ 1. For establishing the Churches Iurisdiction , and abolishing all Acts to the contrary . 2. For purging the Realm of Iesuits and Papistry . 3. For providing Maintenance of Ministers out of the Tyths , and the Remain to the Support of Schools , and the Poor , and Repair of Churches . For the first , the entrance into the Acts of Parliament , always provide for the Church . For the second , he had already done it in part , and would willingly perfect that Work. And the last , was committed to Commissioners of their own and others . But to conclude , the King advised them their duty , as Peace-makers on earth , by Preaching and Practice , to remove the barbarous differences which the feuds of the Nation dayly foment , and which by their former encouragements , for private ends , had been taken up so customarily , as became national ; that their godly care , for reconciling such variances , might amend that Crime , grown to that height as was abominable to all strangers . I shall do my part , ( said he ) and if you apply your pains , my work will be the more easie , and the success effectual . And truly thence-forward such a course was taken , that in future all those damnable feuds were quite abolished by this King. Though for the present it prevailed not between the Earls Huntley and Murray in the North ; Iohn Gordon married to Widow Grant , one of his Servants , in private quarrel was killed by another of hers , whom Gordon pursues , and for not appearing , is pronounced Rebell , and Commission to Huntley , to apprehend him , in a house of the Grants ; he takes it by force , but findes not the Fellow . This was ill taken by that Family , who fly to the protection of the Earl Murray , with whom adjoyn the Clanchattons and Dunbars . Huntley advertised that Murray and Athol were to confederate with those Glamis in Forres , intends to dissolve that knot , ere it were hard bound ; but before he came , they fever themselves , and Murray returns to Huntley's way lay by the House , and some of his men braving thereabout , they within discharge some Shot , which killed Gordon , and for which Huntley invades the other with Forces , and Murray assisted by Arroll his Cosin , prepare to defend . These tidings came to the King , whose command separates each one to his own home , which served the turn for a time , but brake out in disorder after . Another of the same nature ; an antient emulation of the Kers , the one of Cesfords Family , the other of Farnherst , for the Wardenry of the Middle Marches and the Provostry of Iedbury , which the Heir of Farnherst , William Ker , a young Spark , maintains to the death ; and in a Trial of Theft before the Council for English Goods stollen , it was taken as done in spleen , and derogate to the honour of Sir Robert Ker of Cesford , the Fellow being his follower . The lady Cesford ( of an haughty heart ) never ceased peuling , until her Son had basely murthered the other . These were men of good repute , wise , and of great courage , and of much loss to the Borders , the one dead , the other undone , who fled for his life , until he made a large satisfaction for maintenance of the fatherless children , and by Marriage with the Chancellours Niece came again to his Family , and into favour . We have hinted heretofore of the Northern Nations much inclining to Witchcraft , and in Scotland those of great Families : this Winter produced many Examinations , Agnes Simson ( the wife of Kieth ) a Matron of a grave and settled behaviour , she declared , that her Familiar appeared in a visible form , and resolved her doubts , concerning the Life or Death of any ; she used to call him Holla Master , ( Ho la ? in Spanish , Who is there ? ) as he directed her ; and confessed , that Bothwell bid her inquire of the Kings Reign , Life and Death , whom the Devil undertook to destroy , but failing , confessed to her , not to be in his power , speaking words in French , which she understood not , but could repeat them , Il est homme de Dieu . Another , one Richard Graham , confessed the like against Bothwell , which was the cause of his Commitment ; out of which he escapes by corrupting his Keeper , and so far guilty , hath his Doom of Forfeiture , and is denounced Traitor ; the Proclamation speaks , That he , being tender in bloud to the King , and further advanced in Honors and Offices above his Birth ; having heretofore in an unnatural humor committed Slaughters , raised Arms against his Majesty , and practised with strangers against the Religion , and whereof his Conviction in May , 1589. was superseded in hope of amendment , but since , heaping Treasons , he concluded with the consult of Witches , against the Kings Life , as by confession of sundry persons appears ; and for all being committed , he hath broken Prison , and thereby taken these Crimes upon him , which concludes him a Traitor . But he enters band with the Lord Hume and others , and being forsaken flies into England , his secret Harbours , till next year . The Archbishop of St. Andrews lies Bed-rid , and fallen into some wants by mis-government , the Presbyters ( like Crows about Carrion , the common way of the Romish Catholicks to procure Proselytes ) labour him to leave some Lines under hand , his opinion of matters of Discipline ; they form his words , That he did not trouble himself then with thoughts of that nature , and had never allowed of any other Bishop of the Church but St. Paul ' s Bishop , to which he would sign . And so Articles were drawn framed to their Design , which he subscribed ; but whether in truth he did so , or some for him , or that their charity ( seldom upon better terms ) wrought upon his necessity , or weakness of his spirits , the Recantation came forth in publick , of which injury he complained , and committing his cause to Gods justice , died , the end of this year , and accounted a man of some scale in Learning , as they seldom want to account of themselves , one commending another , if he dies a Proselyte to them . But presently that Church falls into Schism : several Assemblies to compose Dissentions set up several Superintendents in one Presbytery ( or Popedom ) the Lay Parishioners siding with each Faction , and coming to the question , most Voyces pretended best interest ; but the other had gotten a new Paradox , Quod suffragia essent ponder anda non numeranda : and yet to end strife , they part stakes , and divide the Presbytery ; the one to sit at Cowper , the other at St. Andrews . I mention this for a Note , That of all men none could worse endure parity , and loved more to command , than these which introduced it into the Church . We have had to do with Secretary Walsingham of England , and may not forget to take our leave of him also , that lived not out this year . He was industrious , wise and religious , a searcher in the secrets and mysteries of all States ; he had an art in past imitation , to dive into mens dispositions , and something for polite service , screw simple Proselytes beyond common danger ; his Preferment no higher than Secretary and Chancellour of the Duchy of Lancaster , and with Honour of the Garter ; his profuse expence for Intelligence abroad and at home , kept him under compass during life , and dying so poor that they buried him by dark in Paul's Quier . Another of the same , Sir Thomas Randolph so near in time , that Death might do it with one Dart , He was bred a Civilian , and taken from Pembroke College in Oxford to Court , from thence his Imployments were forein Embassies , thrice to the Peers in Scotland , and thrice to the Queen , seven times to King James , and thrice to Basilides Emperour of Russia , once to Charls the Ninth of France , and again to Henry the Third , he was advanced to the Office of Chamberlain in the Exchequer , and to be Master of the Ports , the first formerly of great profit , the later not so , till these last times of ours , which we make of immense gain , but he was rich of children , and therefore ( in my Lord Bacons opinion ) poor in Purse , he had leave to retire some time before his Death , to which his advice to Walsingham , to leave the Tricks of a Secretary as himself would , the deceis of an Ambassadour . Sir Henry Wootton afterwards observed as much , who could example with the most , Hoc tandem didici ( says he ) animas sapientiores ●ieri quiescendo . To accompany these of the Gown , died that gallant man at Arms George Talbot created Earls by Henry the Sixth , and he the sixth Earl of Shrewsbury , who in Queen Maries Reign with three thousand Foot in the Scotish Wars , rescued the Earl of Northumberland at Lowick , he was of the appointed Guard of that Queen whilest here in Prison , and succeeded the Duke of Norfolk and Marshal of England , and in much honour for fifteen yeas together , to his Death ; at Burdeaux his Predecessour in the time of Henry the Sixth hath on his Tomb this large Title . Iohn Talbot Earl of Shrewsbury , Washford , Waterford , and Valence , Lord Talbot of Goodrich and Orchinfield , Lord Strange of Blackmore , Lord Verdon of Acton , Lord Cromwell of Wingfield , Lord Lovetoft of Warsop , Lord Franifall of Sheffield , Lord Falconbridg , Knight of the Noble Order of the St. George St. Michael , and the Golden Fleece , great Marshal to King Henry the Sixth of France , and died in the Battail of Burdeaux , 1453. These he had , and deserved more by the French Chronicle . Orock Roe of noble birth in Ireland , and by the Sir-name Mack-Mahon ( being purchased by might or right ) seem'd to privilege him in any tyranny over the People , for which he was hanged ; his next Neighbour Brian Orock in Brenny for fear of the like , turned Traitor , and being pursued by Bingham President of Connaught , flies into Scotland , but was delivered to Queen Elizabeths command , and executed for the ease of the King , esteeming her Enemies his ; and caused Mack-Conel to give caution , not to nourish Sedition by correspondence of the Hebrides and Orcades . The Spaniard nourished Rebellions in Ireland , the Queen protected the French against him , who by the Duke of Parma was got into Picardy , and his other Forces in Brittany ; wherefore she sends over four thousand ( covenanted at her cost , but for two moneths ) under conduct of the Earl of Essex , and land at Diepe , expecting to joyn with the Kings Forces , who came not in any reasonable time , when they did , it was too late to do much service , yet they besiege Roan , to no effect : the English wasted , the Queen displeased , she sends for Essex , but leaves the remain of his men to the command of Sir Roger Williams . The Reformed Churches of Christendom increased number and repute , by pious Doctrine and Discipline , much to the prejudice of the Romish Catholicks , that mightily opposed the publick peace of the Church , and certainly had Satans help to boot , to undermine the mindes of some more fiery zealous Professours , that took the poor peoples affections with their seeming devout carriage ; and this way the Devil in●inuates ; to heighten their pride and self-conceited holiness with some pricks in the flesh , and buffetings of Satan , every day producing Examples of divers kindes in several places . At this time more remarkable in the person of one Hacket in London , illiterate and insolent , ( seldom separate ) and poor , who becomes suddenly seemingly holy , and by degrees , into that cheating way , to be inspired with the evil spirit of Revelations . He used ( says an Author ) a strange and monstrous form and manner of praying , falling upon his face sometimes , as if in an exta●ie , otherwhile expostulating with God himself ; another kinde of prayer he used , ordinary and familiar ; for as other mens devotions and ejaculations aim at the obtaining the sweet comfort of Gods heavenly presence , he would in his hottest zeal intreat , and as it were force upon God to depart from him , and not assist such sinfull creatures , which manner of prayer most of his own Disciples construed the effect of his rare and excessive humility ; and so , as a rare Example , might finde charitable censure ; yet it was to be adjudged in him , ( as in truth it falls out frequent with some in these our last times ) the voice not of man , but Satan dictated onely to him from that evil spirit that possest him , for so his end discovered it in him . He confederates , ( the Devil goes by Legions ) with Wiginton a Genevan Minister , Copinger a Gentleman , and Arthington ( like the Fool in the Comedy , a Lay admirer ) to be called by God to prophesie to the people , and alter the English to the Genevan Discipline , printing in Prose and Dog-rythm what was fit to seduce others ; and Hacket , as the most proper person , must be Arch Prophet . But see how Satan brings it on , Copinger and Arthington ( Knave and Fool ) tell Wiginton of Christ's appearing to them , ( spiritually ) by Dreams and by Visions , that Hacket was that Angel , with his Fan and Hook to separate Sheep from the Goats , overcome Satan and Antichrist , and then follows the Day of Iudgment . These prostrate themselves before Hacket in earnest prayer , and he skips out of his Bed , joyns his devotion with acknowledgment of his own divine nature , and so seems in a Trance , whilest Arthington bids Copinger in the name of Christ to annoint Hacket with the Holy Ghost and make him King , kissing the Ground with bended knee , and other reverence ; but he with careless gesture refuses , being ( as he said ) already anointed by the Holy Ghost ; Go forth , ( says he ) preach of me , that Iesus Christ is come with his Fan to judg the World , if they believe not , let them come and kill me . At the instant , ( the Devil driving ) they all in fury fly abroad , and cry out , Christ is come , repent , repent ; that Hacket had a body truly glorified , to constitute a new Discipline and Common-wealth , that they were his Prophets of mercy , and others of judgment , for perfecting his work . And this they declared by Vows , Protestations of salvation to be all true : that he was sole Monarch of Europe , and all Kings his Vassals , and the Queen to be deposed : and so , with a preass of people , they return home to Hacket , who were apprehended , and are insolent before the Privy Council . Hackets Crimes were condemned as Treason , for the Devil prompt him to confess so much , with such horrid Blasphemies as I tremble to relate . He seems not as distracted , but with settled gravity and temper : and in the way to Execution he cries out fearfully , Iehova Messias , Iehova Messias , behold , the Heavens open , Thou Son of God come down and deliver me . And at the Gallows he roars out , Thou God I●hova , Iehova , Alpha and Omega , &c. Thou knowest that I am the true , &c. whom thou hast sent , &c. Shew some Miracle from the Clouds to deliver me from these accursed ; if thou wilt not , then will I , &c. ( horrid ) Fire the Heavens , and with these hands pull , &c. from thy Throne : nay , worse than can be imagined ; then turns to the Hangman , who hastned the Halter , Thou Bastard , ( says he ) wilt thou hang the King of Kings ? and facing Heaven , cried out , Is this my reward for my Kingdom bestowed ? &c. Behold I come and will revenge , &c. the rest . Throttled with the Rope , he was immediately cut down fresh alive and quartered . Copinger stervs himself to death in Prison : the others repent and are pardoned . On the other side , the Iesuits were lurking in every corner , Emissaries from several Seminaries , Rome , France , and especially from Spain ; against them therefore , Proclamations forbid any man to be entertained as a Lodger , unless his Hoast examine his condition , his abode before , and whether he will go to Church ; and Delegates in every Shire , to receive the Accounts accordingly . The Spaniard having very lately erected a Seminary at Valledolid in Castile , purposely for English and Scotish Fugitives , to draw their obedience from hence , to him ; and being finished , Pope Clement the Eighth must needs by his Bull confirm it , which is dated the first year of his Popeship , Quoniam , &c. multi Anglicani exules adolescentes fuerunt experti , qui ex miserabili Angli● Regno in Hispaniam transfugerunt . And why ? because , ( quod alias tantoper● floriut , erga fidem Catholicam devotisimam fuit , nunc etiam Haereseos gravissimo infortunio affligitur atque opprimitur ) in Hispaniam transfugerunt , &c. But , not all Exules adolescentes ; No , I warrant you , Ii tantum ( says one ) qui ad finem illorum consequendum aptiores esse videntur : and then swear to take Orders , and return home to England , to adventure for a Halter , that is , To convert as many of my Countrey-men and Kinsfolk as I can , whensoever I shall be called thereto by my Superiors , whose command I will be ready to execute , as believing , that not He so much , as God himself doth put me on that Errand . And thus prepared they come in Disguises , with Equivocations , that by their bare habit none can understand them , counterfeiing all shapes and professions , and are justified ( they say ) by example of Eusebius , who in the time of Constantine the Arrian Emperour did so , under covert to visit the Assemblies of the Catholicks , and to instruct them . Rabadineira Append. Schismat ▪ Angl. cap. 23. But we must bethink what becomes of Bothwell , who being fled from his friends and almost forsaken , he was invited by some at Court , Instruments to serve the time , and Servants to the Duke of Lenox , men of mean fortunes , but fit enough to to add fuel to to any Enterprise , with their assistance ; and therefore had trained into the Conspiracy , Colonel William Stewart , Neswich the Kings Surgeon , and Iames Douglas of Spot , who in truth came in by another occasion , thus ; a few days before , George Home of Spot ( his father in Law ) was killed by some of the Sirname of Home and Craw ; Sir George Home Nephew to Spot charged Iames Dowglas as Author and Accessary to the Murther ; ( this jealousie arising from some interest of an Estate in difference between them ) upon this ( but suspition ) three of his men are imprisoned , and threatned with torture , to confess ; the King ( some say ) had a strong conceit of their guilt , and commanded that course of Tryal ; Spot laboring for their reprieve of this punishment , and not prevailing , he joined in the Treason , being told of it in the heat of revenge . The manner of the Conspiracy was thus , Bothwell in disquise out of England , should lurk neer the Court , with his followers , dispersed , till the time should let them in by night through a back way , into the Palace , and surprize the King and Chancellour , and ( with hope of Success ) all the Court after . Each man had his quarter and particular charge , to take the sign given , and to fall on . It took effect thus far , they were entered , and after mastered the Inner Court. Dowglas too forward for his ●●rvants imprisoned , and to free them for assistance , the number and noise breaking open the doors where the Prisoners were , startled the King at Supper , and hearing the cry Treason , Treason , gat up to the Tower for his better safety . Bothwell earnest to order all , commands some to beset the Chancellors Lodgings , whilest himself hastens to the Queens quarter , which he finds baricado'd , and therefore endeavours to fire it . In which time Sir Iames Sandilands of his Majesties Bed-chamber , with some Forces of the Town Edenburgh , entring by the Church of Holy-rood-house , beat him and his company from the fire , and the alarm happily hastened , the Conspirators fled and escaped in the dark , by such several waies as brought them in . But Bothwell must have blood , and encountring by chance with Iohn Shaw , a Gentleman of note , who had the better at the Sword , till Bothwell snatcht a Pistol from his Page , and shot Shaw dead . In the pursute nine of the Train were taken , and by Club-law were hastily hanged the next morning , before cold-blood could quiet the rage of the people . Thus far this defeat had Success . But Bothwell got Northward , towards Earl Murray intending his Supply , which the King suspecting sends the Lord Uchiltry to decoy Murray into the South , as to work reconcilement with Huntley , but a false rumour being raised this while , that Murray was seen with Bothwell in the late Enterprize , Huntley hasty enough to malice and revenge , got Commission to bring him to a Tryal . Murray not minding any mischief herein , was on his way at his Mothers House , the La Downes neer Forth , and being too secure from sudden attempt , Huntley gets aid of the County , and summons a surrender . Murray making much of a needy case , returns bad words and Bullets too boot , which shot the Sheriff to the heart , and some others into a fear that altered ; their fighting to firing the House , and forced them within , through smoke and flame , to come forth and yield . The evening shadowed the enterprize from discovering their Prisoners for the present ; but whilest they peeped for Murray , he not yet come out ; And being put to the plunge , broke through them all with wondrous courage ; escaping their seisure , yet weary and tired shrunk down within the cleft of the Rocks , and by his Head-piece discovered to be him , he was , without mercy of a common man , miserably slain . For Huntley ( in this treacherous , if true ) fearing he should be innocent of the Conspiracy , might in honour have afforded him quarter , which was desired , but to be sure of his death ran him often through , after he was a dead Corps , and having hastened the news to the King galloped away Nort●●●ard , leaving his cosen , Captain Gourdon , wounded , who was brought to Edenburgh , and publickly executed to pacifie the people . I have seen what some have said , who should be guilty of this good mans blood , but I dare not suspect , where I am not sure of authority to bear out the blame ; nor can I find any cause in the King , the jealousie is raised by the sudden News that posted to Court , as of good service ; but that was Huntleys villany , by the speed to lodge it on any from suspition of his own private revenge . Yet it fell foul on the Chancellor , a fate or fashion of King and Favourite . Princes have Pupils to bear their stripes , the Dog beaten for the Lion , and sometime Soveraign suffers for them . when Revenge grows high , they meddle with the Magistrate , but being gotten into power no Majesty escapes . Who ere were in fault , Edenburgh was to hot , for the Court to hold out , Murray bemoaned of all , the King removes , or rather ran away with the Council to Glasgow ; not ●afe there neither , till Huntley was ●ound out , to render his Person to Prison in Blackness , but was soon demitted upon caution to answer any summons . His sudden discharge set mens tongues on work , and incouraged their faction to unbury the dead ( saies one ) and raise the coffined corps of Murray and the Sheriff , against Lieth Church door , their friends refusing them other funeral , until revenge were taken of their slaughter ; and who more earnest in this resentment than the Lord Uchiltry , who , ignorant of any ill meaning , was put upon the errand to perswade Murray to come to reconcilement , which by this means was turned to murther , and in regret of his Dishonour , the rather sought out Bothwell , to bare stakes , at all hazards with him . And in earnest they are . But the Church interrupt the story , who when the State was mostly in mischief , then were they busiest for themselves the Ministery . Intermixing pious Articles in their petition to the Parliament , but evermore interfeering with Soveraignty . The first of their demands being willingly confirmed against Papists , Idolatry and crimes of blood , with which the Land indeed was then much poluted . But for abrogating the former acts of Anno 1584. against discipline of the Church , and their liberty , and in place thereof a Ratification now of the practice then . The Kings wisdom foresaw the inconveniences which the Ministers assume from that term of liberty . But Bothwells Business interrupting the Kings quiet ( a time of advance to their demands ) the Act was warily passed ; and as for the Statute of Regal power , Supremacy in the King which they mostly aimed to abrogate . It was only declared , It should be no waies derogatory to the spiritual Office-bearer in the Church , concerning heads of Religion , Heresie , Excommunication , Collation or deprivation of Ministers , or any such , having ground and warrant of Gods word . The King removes to Faulkland , where Bothwell attempts a fresh Conspiracy , being assisted by the Earls of Angus and Arroll , the Master of Gray , Collonel Stuart , and the Lairds of Iohnston and Balmery , they had their several Postures ; the latter met him with four hundred horse ; Angus kept watch without , and Arrol was alwaies with the King ; Stuart must be the Porter to let the others in ▪ Somwhat they attempted , which gave suspition sufficient , so that Arrol was committed to Edenburgh Castle , and the Collonel to Blackness . But why these at Court were so hasty , without the power of Bothwell , fell out upon a false Spie , that gave warning ere the Forces were nigh ? For Bothwell , with no more than six score , ( the Rascallity pickt up upon the Borders , English and Scotish ) marching two daies and nights , with slender diet , and faint watchings arrived at Faulkland at midnight , where he found the Court at their Sentries , by which he feared the discovery . But the day soon opened ( the midst of Iune ) and he encamped on the Hill side . His Followers fall upon any booty , break open the Queens stables , and take out the Horses , and what other baggage came to hand , more regarding present plunder , than the hazard of their Chief ; who thus at loss , and the County coming in , He was forced to flie , but how or whether in martial Order he knew not , and therefore by the next Midnight he stole away . The King with his company followed by the Ferry ( mistaking the way ) hastened his course by Sterlin-bridge , where Bothwells men in disorder separate to all parts , and were soon seized , some in the Moors of Calder and Carnwath ; the Horses unman'd their Riders falling from their Saddles for want of sleep . Others taken napping , not able to stand , were committed to several Holds , and some knockt on the heads , by poor Plow-boys , and all of them so weak , that a few women mastered the most of them ; and Bothwell got into England . And the King by experience , and his own clemency found it the best way to proclaim pardon to all that would forsake the grand Traytor and come in , knowing that some others might be interessed in that plot , and too many of note , for him to meddle with . For whether in affection to Bothwell or malice to the Master of Glammis ( the Treasurer ) his Enemy . Alexander Lindsey Lord of Spinie in great favour ; works secret attempts to reconcile him to the King , Collonel Stuart still Prisoner in Blackness in hope of nope of liberty discovers it to the King at Dunfres by Sir Iames Sandilands the keeper of that house , who justified before the Council , That Spinie had harboured Bothwel at Aberdowre . The other denies all and claims the combate , which Sandilands not making good . Spinie recovers into favour , and yet infected with treasonable intents , the next year he openly takes part with Bothwell , and is denounced Rebel . Others also , Weymis of Logie , of the Kings Bed-chamber , was more than suspected , and committed to Guard , until his Mistress ( the Queens Dutch Maid ) in the Kings name , after bed time , brought the Prisoner to be questioned by the King himself , the Keepers waiting without , he was let in to the Chamber , and out at a Window by a Rope , and this being a Love-trick for her to hazard the halter , the Ladies liking the conceipt , and upon mariage with her Paramour , procured the Queens favour , and pardon for them both . And with these aforesaid , and divers others , the faction of Bothwel increased with men of all rancks ; Barons and Burgesses , intertaining him openly in several parts of the Country , and in Tweedale , the most part of those people ; whether the King was fain to take journey as far as Iedbury to pacifie them and settle their fidelity . No sooner returned but new factions at home against the Chancellor , and by the greatest , Lenox , Arguile , Morton , Glammis , and Lord Hume , with whom Angus , Arrol , ( and but lately released prison ) adjoin ; occasioned by the Chancellours refusing the Queens claim , to some Lands of his which set the wheel in going ; and which forced him in wisdome , to withdraw from Court , into the Country for this year . In the North also , the Clanhattons , conducted by Angus Williamson , in pretence of revenge of Earl Murrays death , make havock of all that belongs to Huntley ; with fire and Sword , and fell foul upon an aged Man , Gordon of Barckley , for no crime , but his honesty and kindred to Huntley , who in revenge commits cruelties upon his Enemies , encountring a great party sixty of them were slain , and some of his own side . And not satisfied with this he summons all the High-landers and with their help , devastates all that Country , and kills many , until a Commission to Angus Lord Lieutenant , with power of the Counties , forced a cessation on both sides , and returning in Triumph , was seized as a Traytor , and committed to the Castle of Edenburgh , upon some Letters intercepted and signed by him , Huntley , Arrol , and others , to the King of Spain , and sent by George Ker , whose confession was , That upon the receipt of Letters from Creighton , the Iesuit in Spain , unto Gordon and Abercrombie , for alteration of Religion ; those return answer of the Scots concurrence ; and for more secrecy , these three Earls undertake for all , and blanks signed by them to be filled in Spain , and intrusted to the Bearers , in October last . And he avowed also , That Angus and Arroll assured him , that the King of Spain would send thirty thousand men into Scotland ; part of this Army to force Toleration of their Romistry here , and the other part to be convayed by them into England , for the same design , and this Army to land in Kirkud-bright in Galloway or in the mouth of Cluydo River . These manifest plots of Papists , drew the consideration necessary for the whole Nation ; and meetings of the Ministery , and all men , to propose their advice and aid , to pursue the Rebells already risen , and to raise a Guard of three hundred Horse , constant with the King , and the Conspirators to be called to Justice , and the first example fell upon Graham of Fintre , and executed in February . And in this hurry Angus escapes out of Prison , and flies to the North , unto Huntley and Arroll . But the King in great perplexity of Murthers , rapine and slaughters , publick and private , upon their submission are received to mercy , favour and preferment ; all means used to bring peace to these miserable people . The French King in great distress , and overwhelmed in his affairs , craves more aid out of England , and is assisted again with four thousand men more , and ordinance , But not to make peace with the Leaguers until the Spanish forces were driven out of France . So necessary it was for England by these means to stop their career , and to keep off revenge , from home . These Forces intrusted with General Norris , land in Bretaign , but find no French ; and so being hurried up and down Normandy , Lamain and elsewhere , the Spaniard increase number in Bretaign ; Norris returns home , and the French King in distress , upon some fear of his fewds , and hopes of advantage , turns Papist . Whilest the Duke of Parma also , prepared fresh forces to assault Picardy , but being in readiness , he fights a private combate with Death , and is overcome , after fourteen years Government in Flanders ; a man of excellent honour and virtue , as Queen Elizabeth always acknowledged ; who to amaze and busie the Spaniard , and to divert him from hence , sends several Expeditions by Sea into his Territories of America with singular succession . And to prevent his practices in Scotland of as great concernments to both Nations , she keeps watchfull correspondence with King Iames , who indeed wary of the Papists encroachments at home , began to exercise his Regal power over his Nobility and other seditious Subjects , having scattered the last Rebells into their Holds , and Bothwel into England . These Insurrections thus far happily suppressed , contrary to the imagination of the English policies ; Queen Elizabeth to colour suspition , sends the Lord Burrough to congratulate the discoveries and the succe●s , offering her aid , to bring the Malignants to Trial ; and wished him , if he could not apprehend their persons , to confiscate their Estates ; and seeing his case concerned all Princes of the Religion , she desired his resolution therein , for her to satisfie all others her Confederates against Spain . The King gives her thanks , and that he was assured , Bowes her Ambassadour had certified her of all proceedings in particular , ( as aforesaid ) wherein he had begun , and was fully resolved to prosecute the guilty ; but advised with her , how dangerous it might be for him , to have such potent Rebells , without her help , to hunt such fugitives ; their Design being more dangerous to assist the Spaniards attempts upon England , than either upon France or Holland , to whom she had liberally already afforded supply , with men and moneys ; and therefore , what he desired on his particular his own Ambassadour should declare . The next Audience furnished the Ambassadour with Arguments from his Mistris , to advise the King to wise and well-affected Counsellours , help to disarm and suppress such Rebells , and withall , intimating the Queens punishment upon those that harboured Bothwel in England ; and so by circumstances to draw out of the King what resolution he intended towards him , in so troublesom time , and if it were for his Majesties quiet to receive him upon submission . The King seeming not to countenance Bothwel , nor believing the Queens resentment of his Receivers , said , That if his Mistris meant honourably to her self or him , she would rather deliver him to justice , according to their League , than to support him in her Dominion , whose Crimes were unpardonable ; and her further favours to him would induce a necessity for the King to joyn with her Enemies , for his own safety . And so Burroughs returned , and Bowes remained . In an Assembly of the Church in April , the King resolving to give them Items , sends them Articles . That h● would not suffer diminution of the Privileges of his Crown , nor Assemblies without his order . That an Act pass to inhidit Ministers to declame in the Pulpit against the King and his Council . That some of every Presbytery should inform his Majesty of the Papists practices and Bothwels receivers . That some of theirs should cause the Magistrates of Burghs , at Sea-ports , to examine Passengers and Plotters against the Re●ligion . To the first , they would follow former Acts. The scond , they prohibit without just and necessary causes , which the King esteeming no restraint , was as causless to answer theirs against Papists , his necessities enforcing civilities to the Papists , to ballance with the rigid Reformers . But the Mundays Market stuck in their stomacks , against which their Act passed to alter for Tuesday , their Reason was religious , to prevent the Trades-men violating the Sabbaths Evening with too much care and travail , against the next Morning . The Shoomakers whom it most concern'd , gathering tumult , menaced the Ministers , if they urged their consents , to drive them out of Edenburgh , which begat that saying , Rascals and Sowters obtain from the Ministers , what the King could not do in matters more reasonable . The King sends Melvil to satisfie Queen Elizabeth of the affairs of Scotland , and to desire aid of money , for levying six hundred Souldiers for some Moneths , and to renew the former complaint against Bothwels entertainment in England , whilest he steals into Scotland and surprizes the King. The Chancellour , as you have heard ( retired from Court , upon displeasure of Queen Ann ) requests the King by Letter , that seeing his service was useless , and his solitary life irksom , he craves leave to depart out of the Kingdom , untill his Majesties pleasure command his return . The King being earnest with the Queen upon his resign of Muskleburgh , which she clamed , and his coming to Court resolved ; Lenox , Athol and Ochiltry , plot to prevent him , and bring in Bothwel under disguise of attending the the Lady Athol , by the Postern-gate , with another , his Companion , armed into the very Bed-chamber . The King at ●ight of them cried out , Treason , Treason , Strike Traitor , strike , ( said he ) make an end of thy Villany , I desire to die . He answered with Oaths , that he came for mercy . And the King replied , that Mercy extorted was Insolency , and not the form of Suppliants : and suddenly rushed in the Earl Mar with numbers of that Faction , having possession of the Court , and outward Gates , enforced the King to shew himself to the People ( who were come to his rescue ) as in freedom , and to command them to depart . And Bothwel thus emboldened , got Bowes the Ambassadour to side with them , and to urge these Articles from the King , Pardon of all former Attempts and Treason , by him or his Associates , with restoration of all , which they heretofore possessed , and to abandon the Chancellour , the Lord Hume , the Master of Glammis , and others . To all the King signed with witnesses of all manner of men , Lords and Ministers thereunto . The next Day August 20. the King removes to Falkland , Lenox , Ochiltry and Crichton of Clany , waited on him with directions from Bothwel , to see that the King kept to his late Articles ; in which time Bothwel attained an Assise to purge him of his practicing with Witches , the original of his mischief : but the King in disdain to be thus misused , goes to Sterling , and under colour of con●orming the Highlanders , pro●ures a Convention of other Lords , necessarily frequent and effectual , Hamilton , Mar , Morton , Glencarn , Montross , Lindsey , and Levingston , two Bishops and two Priors , and some Burgesses . The King enters them with some business of the Borders ; but in earnest relates to them the Indignities he had endured by Bothwel , which they knew , and puts it upon their Honours , whether he were bound to the late Conditions so extorted from him in terrour and fear of his life ; lets them see their own insecurity , when himself is over-powred and forced by Villanies as a captive King to submit unto Subjects unjust demands , in destruction of his loyal Councellours and eminent Officers . They concluded Bothwels Fact treasonable , and those Articles void , freedom in the King to call his Servants and Councellours about him ; and resolved to publish by Act his Majesties power , as a free Prince , to chuse his Councellours and Servants about his Person , and that the Conditions signed to Bothwel in August last , to be null . And being now set upon it , two Commissions were sent to him , to signifie thus much , and of the Kings favour for him to supplicate for pardon , before November next , and then to depart the Realm , till the Kings pleasure . Bothwel seemed humble , but meets with Athol , Montross , and a number of men , at Sterling , to whom the King sends to dissolve his Train and retire home , for the King was coming thither , with the Lord Home , and some Forces were sent before , to scoure the way , who encountring Montross , takes him Prisoner ; and the Court coming to Edenburgh , Bothwel is cited and denounced Rebell again . These Troubles were raised by the Lords of Religion , but see what the Papists do . The Catholick Lords had been cited to the last Parliament in Iuly , but failed by some defect in the Libell , and so were remitted to the King and Councel , which was suspected in favour ; the Synode of Fife therefore excommunicate Angus , Huntley , Arrol , Home and Chisholm , and writ to Edenburgh for them to do so there . The King displeased with such Proceedings , requires M. Bruce there great Pastor , to stay Sentence , the Persons neither cited nor subject to Fife Synode , and if this be your Order ( says he ) for one to excommunicate , with their direction for others to do so too , who can be sure to eschew trouble ? But Bruce boldly told the King , that the Ministers had their own Reasons , and were answerable onely to the General Assembly . Well , ( says the King ) your Discipline hath distasted all men , and seeing your practices are without good President , I will bethink me of some Remedy . The Popish Lords complain to the King at Falaw , and humbly crave a legal Trial , but were commanded to enter their persons at Perth , and abide there till the Trial ; and lest any jealousie should censure the King , as conniving , the Abbot of Lunders was sent to the English Ambassadour , and to Edenburgh Ministery , to tell them the truth ; and it was time so to do . For now such News got wings , and Commissioners of all the several Churches from all parts convene , and finding the Church of God , King and Kingdom in eminent peril , they prepare Articles of advice . That the Trial of the excommunicate Lords be not prevented , but their Day prorogued onely for the conveniency of the Professors of the Religion to be their Accusers , for their Treasons committed ; in the mean time to stand committed ; their Iury to be nominated by their Accusers , the whole Professors of the Gospel ; that they being excommunicate and so cut off from the Body of the Church of God , have no benefit of the Law , till they be reconciled to the Church : and that such onely as profess the Religion may be a Guard to the King , against the Enemies of God , the Countrey not brooking them and us together . The King startled at their Inscription , not owning ( he said ) such Convention , nor them Commissioners assembling without his consent ; ●ut vouchsafed to receive them as humble Subjects , but not otherwise commissioned . And of his own gracious intention told them , That the said Lords met him at Falaw , and humbly craved a legal Trial , to which the Ministers had often solicited , and which in honor and justice he with his Councel had granted , and considering the time and place , Perth not so proper , he had resolved it at Linlithgow , at the meeting of the Estates , and with their advice ; and that neither Iudges nor Iuries should be other than men indifferent ; and for his own Guard , those whom he called thither should be welcom , others should not be so . They accused the Lord Home of residing at Court. The King told them , His Day assigned to satisfie the Ministers was not as yet ; and if you can accuse him in particular for the present , let him answer for himself . And so sent them away . The Assembly unsatisfied , advertise all parts to be in Arms at the Day of Trial ( which the King timely prohibits ) without his Warrant . They answer , that in the cause of God , their Defence must not be deficient . Which the King inhibits by Proclamation , Declaring his course taken for their Trial in July last , but hindred by Bothwels Rebellions , he now convenes the Estates at Linlithgow , for that and other necessities of the Kingdom ; the Lords themselves earnest Suitors to abide the Law , and satisfie the Church ; and therefore commands the Subjects not to make Convocations ; but if any meeting were already of that nature , then to dissolve and return home , under pain of punishment . But meet they would , with such numbers as shortened the Proceedings ; and in summe , Commissioners were chosen by the Estates to consider of the Popish Lords their Offers and Petitions , to try their Accusations and Purgations ; and what they determine should be valid and effectual , as in Parliament or Convention . The Commissioners were , the Chancellour , Mar , Montross and Rothes , sundry Lords and Lairds , and divers of the Ministery named to be admitted to the Conference . The 12th of November they meet and conclude , That the true Religion established the first of his Majesties Reign should be onely professed in all time to come , within the Realm ; and that none should abet , or receive Jesuits , Priests , or other Adversaries of Religion , upon the pain in former Acts of Parliament . That all should conform hereto before February next , or depart the Realm , whither his Majesty shall appoint , and not return , till they turn Professors ; they and their Heirs , always enjoying their Lands and Estates , by Procurators in their behalfs . The Earls of Angus , Huntley , and Arrol , and the Lairds Achindown and Chisholm , to be unaccusable of the Crimes contained in the Summons , occasioned by their Letters and Blanks intercepted , ( as before remembred ) concerning their trafficking with forein Princes against Religion , &c. discharging all Proceedings against them : Provided , if they offend hereafter , the former Crimes to be added to their Charge . That such of them as shall profess Religion are to be assigned their places of abode : not to dispute publick or private in favour of Popery . Huntly and Arrol to remove out of their company James Gordon and Oglevy Iesuits , to finde Sureties in fourty thousand pounds to abide Subscriptions ; and Achindown and Chisholm in ten thousand pounds . Such as leave the Realm , to give caution not to practice with Jesuits abroad , against this State ; and to declare their submission to their choice of conditions before January next , or be liable to Trial by Law. These were in effect concluded and signed unto by them ; which the King and Council confirmed , and the three Earls subscribed , but to small effect . For the end of this Year , begins fresh feuds , the Iohnstons in the West-Marches made Incursions upon the Sanhares , and killed eighteen persons ; and though great friendships had been contracted with Maxwel , yet having in Commission as Warden to pursue the Offenders , the Sanhares offered their assistance therein , to bring all Niddesdale to depend upon him , and Bonds signed unto for performance : a Servant of Maxwels betrays this Bond into the hands of Iohnston , who sends a Gentleman to discourse the truth out of Maxwel , who first denied it , but afterward said , He must obey the Kings directions . Iohnston to cope with such Combination , associates with those of Tevedale , the Eliots and Grahams ; and so meeting Maxwels Forces with the Commander Olephant , kil'd him & divers others . Maxwel to repair his dishonour , levies one thousand men , and like a Kings Lieutenant , with displayed Banner , enters Annandale . Iohnston not so many , deals by policy , sends out his Prikers , ( the Boders cunning ) to provoke ; whom Maxwel encounters , but by Ambuscade , Iohnston comes in with power , and puts them all to flight . Maxwel was taken , desiring Quarter , ( as he had often given Iohnstons father ) and reaching out his hand for to confirm it , had it basely cut off , and afterwards butched to death ; he was a man much lamented , of great spirit , humane , and more learned than Lords are , yet like most of them , ambitious . And this to be done to the Kings Lieutenant , might amaze some men , to consider the Distempers of the Nation , and the wisdom of a young Sovereign , how to ballance these frequent Feuds , and to bandy against Bothwels Treasons , Papists conspiracies , tumults , and insurrections , the Gangrene Evil of insolent Assemblies , evermore eating into the Bowels of Government , to devour and devastate all ; for this present he assigns the Lord Herris , Drumlanrig , Lagg , and other Barons , to abide at Dunfres , to quiet and repress Disorders . The time limited to the Popish Lords , Ianuary 18. is past , and they omiting the benefit of Abolition , are charged to enter their persons into Ward , Angus into Blackness , Huntley in Dunbritton , and Arrol to Edenburgh Castle , and Achindon in Tantallon ; but neither of them obeyed . The King removes to Sterling , where Queen Ann was delivered of her first-born the 19th of February , 1593. To which place arrives the Lord Zouch from Queen Elizabeth , to congratulate her Delivery , and to complain to the King , his remisness against the Popish Lords , for she was informed of the Articles of November ; and being told besides , by some busie Presbyters at home , the Kings favour to his Popish Lords , ( her age made her often apt to entertain such Tales , and her Jealousie summ'd up Reasons to her self , soon to believe them . ) But , her Ambassadour taking time , to understand what had passed , could not be at leasure to suspend his judgment or confidence in the Kings prosecution to effectual punishment . And therefore to hasten homewards , he tampers for Bothwel , ( the immediate end of his Errand ) deals with the Ministers , the most especial amongst them , to countenance his fresh Insurrection with numbers of loose persons ; and ( which troubled the King , they commend Andrew Hunter , one of their own , to be Bothwels Chaplain in Ordinary . And being thus emboldened , they go on to raise Moneys themselves , levy Souldiers , to assist his Treasons ; Nay more , ( see their piety to Rebellion , their sacrilegious assistance ) even with those very Moneys , benevolent Contributions collected by their Pulpit Oratory , out of the poor peoples purses for supply of Geneva Brethren then in much misery ; and in a mad fury distributed unto Robert Melvil and George Strang , two Rebell Captains , for the well-affected Cause of the Traitor Bothwell . His Design taking up a new motive and pretext , Justice against the Popish Lords ; but in truth his Malice and Revenge , pretended also , for the slaughter of Murray . And with him joyned Argile and Arrol , to meet at Lieth ; not without hourly intelligence with the English Ambassadour Zouch , who fearing that the Kings foresight had espied his juggling , stole away home , without biding Bothwel Farewell . Whose Cause was cried up , advancing from the Borders with four hundred Horse coming to Lieth , very early the first of April , and this he durst do , the King being so near at Edenburgh , but meanly guarded , and put to it to speak for himself after 〈◊〉 Sermon , for the Pulpit would not . He passionately tels the People all the stories of Bothwels A●tempts , and his Treason now , reasoning with the Multitude , some suspition of his siding with Papists 〈…〉 of the Lords ; 〈◊〉 them in ●●inde ( almost forgotten ) that he was their 〈◊〉 King and Soveraign , and brought it home to their self-conside●●tion , if Bothwel should prevail against him , what they must expect of the Borderers upon them . Much ●do they are moved to arm , and to accompany the●r Commander the Lord H●me , who lead the Horse , and the bold trained Bands march after the Cannon , taken out of the Castle , to besiege Lieth . But Bothwel was removed tow●rds Dalkieth , dividing into three Troops , Humes Horse followed to obse●●e what course he held , whilest the King made a Hal●●t ●t ●orrow●mo●r . Bothwels Scouts finding them 〈◊〉 , encourage him to turn upon Hume , which he did with some advantage , being above the others number , gave him ●●ace , in 〈◊〉 retire , which moved some to advise the King to secure himself in the Town Resta●●●g No , says the King , 〈◊〉 never quit the Field to a Traitor . And though in eminent danger , stood it still , whil●st Bothwels eager pursuit , stumbled his Horse , and in the fall , bruises him into some per●● , that he took the readiest way to Dalkieth for that night , and the next morrow dissolves his Troop● . Arrol has tidings , and does so too ; the Captains at ●ife take ship and fa●l away . And this gave end to his three ●quadrons , and leasure to the King by his Ambassadour Lord Colvil to complain to Queen Elizabeth of her Ambassadour Zouch , and her harbouring of Bothwel . He writes plainly , Though she had recommended his Person , wise , religious and honest , yet his ●arriage was more like an Herauld , than to be a Messenger in Commission of Pea●e , between two neighbour Princes , and therefore meeting with his pride and wilfulness , he chose his own Emissary to carry this Errand , whom he prays the Queen to credit . He marvelled the more , having received her many Princely promises and Letters not to countenance Bothwel , nor his Receivers , whilest some of her own Palaces had given him harbour , being assisted with English Moneys to levy Scots and English in this his another very late treacherous Attempt . To challenge her Princely Honour , he did not , nor could be confident of her privi●y therein , yet considering her prudence and policies , he was troubled to finde the insolency of her Subjects , to hazard a breach with her nearest Kinsman ; and therefore leaving it to her self to resolve those doubts , he put her in mind of his delivery of Orork the Irish Rebell to her , and prays her not to put him in ballance with such a trayterous counterpoise , least he be constrained to speak like the Poet , Flectere si nequeo superos , &c. Thus much the letter said , the Ambassadour in private assured her Majesty the particular prosecution against the Popish Lords , to proscribe their persons and confiscate their Lands . And to go through with the work against them , and other Romists , he craved a supply of monies . The Queen had no excuse but to ballance her favour to Bothwell , by the slow pursuit the King made against those Papists . Henceforth she would cease , and for effecting his purpose against them . He should not want what was in her power to afford . The first she really per●●●rmed and speedily proclamed against Bothwell , and no assistance to him through her Borders , which the King hartily resented . And by his Ambassadors invites the Queen to the Baptism of the Prince his Son , and others were sent of the same errand , To the King of Denmark , the Dukes of Brunswick and Megleburgh , and to the general Estates . ( Men enough to one Woman . The King so far affected with the Queens Publication against Bothwell , that the next Parliament the Scotish Papists are banished by plurality of voices , Clergy and Commons ( whom the Nobles would have spared ) And Arguile is sent with forces against such as would not submit . The Assembly of the Church co●nvene at Edenburgh , and direct Commissioners of their own to represent to his Majesty at Sterlin , the dangers of the State , and to propound the remedies in eleven Articles . They lay the ground from the late design of the Spaniard in eighty eight against the whole Island , and his correspondence since with the Popish Lords , argues his intention , the same still , and their continuance in Treasonable attempts ever since , doth evidence their obstinacy to prosecute the Conspiracy . Then the Church layes open , how their counsel from time to time was neglected , and the enemy incouraged , and none greater favourites in Court than Papists ; naming principal families infected therewith . And recko●s up the Popish Lords neglect , and scorn of the Act of Oblivion , their disobedience , not entring their persons to Ward . The arriving of the late Spanish Bark at Montross , shews that their Practises continue , and their open Conventions assure themselves safety ; besides their preparations of Arms in the North parts . And conclude , that the cause not being removed , the dangerous effects are like to follow . The Remedies they propound in eight conclusions . That the Popish Lords be forfeited the next Sessions of Parliament . And no Papists elected shall sit . That they shall be pursued , their rents and lands annexed to the Crown without favour . That seizure be made of several notorious persons named . That none shall relieve them with any Supply or Intelligence . That the people should put themselves into arms , as a posture of Defence . Somwhat was said against the Lord Hume , but he appearing , was absolved . These remedies were well accepted of the King , only misliking Subjects to arm without his Warrant . And well he might reminding the last years insurrections at the peoples pleasure . The King granting theirs , offers some conditions for himself , hy his Messinger Melvil . That the Assembly should inhibit their Ministers irreverent speeches in Pulpit , against his Majesty and Council under pain of deprivation . And to censure Iohn Ross for his insolency therein . The like against Hunter another of theirs● for his open consortship with the late Traytors , he being a Minister of Religion , against his King of the same faith , to the great scandal of the Church . The third was to admon●sh their Congregations against Bothwell , his treasonable attempts , or any other such insurrections against his Majesties person . This last was enacted , but Ross was only admonished to do so no more ; and Hunter was pretended to be deposed from his function but they juggled him in again . The Parliament adjudged the three Earls and Achindown guilty of the Crimes of Treason , their estates forfeited , their Escocheons torn by the Herauld ( as their manner of degrading ) and excellent Statutes passed for the good of Country and Commons . And now begins the Solemnity of Baptism for the Prince in August , from England the Earl of Sussex , the King of Denmark , and Duke of Brunswick and Megleburgh , with the free Estates of the Provinces , had their Ambassadours there present , from the French King came none . The manner of Ceremony was thus , handsom . The Infant was brought into the Queens chamber of Presence , laid in a Bed of State. The Ambassadours came in , and were presented with the Prince ; first from the Arms of the Countess of Mar , to the Duke of Lennox , who delivered him to the Earl of Sussex ; having the principal place of Dignity , who bore him to the Chappel , being followed with a Noble Train of Lords and Ladies . Before them all , the Lord Hume carried the Ducall Coronet , the Lord Levingston bore the Towell ; the Lord Seaton the Fontall Bason , and the Lord Simple the Laver. Over the English Ambassadour ● Rich Majesterial Canopie , supported by four Lairds . The Childs Train bore up by the Lords Sinclare and Urquart , and a Gu●rd or Lane on each side of the young Noblemen and Gentry of the Nation . Being entred the Chappel ; the King already set , and ari●●ing from his Throne , receives and salutes the Ambassadours ; and then the Infant was delivered again to Lenox , who reached him to the Nurse , and the Estates take their Seats . Upon the Kings Right hand a Chair was placed for the French Ambassadour who was not come . The next to him the Ambassador of Denmark ▪ on the left Hand the English Extraordinary and Lieger sat together ; and then the Ambassadours of Brunswick , Megleburgh , and the States , before each Seat , a small T●ble covered with Velvet , and officers only about the English to wait his pleasure . The Service ending Sussex presented the Prince to David Cunningham Bishop of Aberaeen , the action of Baptism administred by David Lindsey Minister of Lieth , and in French , because of Strangers , and naming him Henry Frederick . And so returning in former Order . And the Prince being laid upon a Bed of Honour , Lion Herauld proclaims his Titles , Henry Frederick Knight , and Baron of Kenfrew , Lord of the Isles , Earl of Karrick , Duke of Rothsay , Prince and Stewa●d of Scotland . Meddals of Gold and Silver cast to the people ▪ sundry Knights made , with feastings and comedies , for a whole moneth . The King amidst these Ceremonies of joy , minds his serious affairs . For the Popish Lords in Rebellion , an Ambassadour is sent to Queen Elizabeth to remember her promise , to support his levies ; after many shifts and delayes some small sums were advanced as a loan , ( which in truth were due otherwise upon account ) and that very unwillingly too . for one Lock was now resident at Court , the only agent for Bothwells business , and Mr. Calvil the Minister , his Copes-mate , there also . And again Bothwell is got up , and keeping intelligence with the Popish Lords in the North , against whom the King intends an Expedition , resolves so to incumber his affairs in the South , as to prevent his journey , and having received some Gold from his Foreign friends , corrupts the Keeper of the Castle Blackness , to seize the King into hold , till the Conspirators should come and force conditions . To this they all are obliged by bond , assigned by Huntley , Arroll , Angus , Bothwell , and Achindown , and in custody of Sir Iames Scot. By which and others papers , discovered from Allan Orm , Bothwells Man , the whole plot came to light , and was published to undeceive the Comm●nalty , upon what score of Religion Bothwells Treasons were confirmed . And the Jayler and Orm , were both executed , to assure the visible truth to the people . And without more circumstance Commission was given to Arguile , Ath●l and others , who besiege the Castle of Ruthen ; but was beaten back and meets with a Supply of more strength nowadvanced to a thousand horse and foot , Huntley hastens to fight ere Arguile get more men . And being less in number , but made desperate by necessity , Arroll leads the Van , with three hundred , a●d Huntley hath the Battel . No sooner in sight , but Arguile ( in some misdoubt ) yet commands Ma●k●an , who led his Van , to advance . Himself lodges in the fast grounds full of Moss and boggs , with the main of his men . Huntley had some Field pieces which plaid upon Macklans Highlanders ; and they , as their manner was then ( though since they have appeared stout fellowes and to stand to it ) fell down on their bellies not willing to look up so long as the Guns did thunder , which incouraged Arroll to give the charge , but being forced to wheel aside , the Fellowes got up on their feet , and by that time they incounter , showring such a storm of arrows upon Arroll , that the first flight ( a quarter of an hower ) darkned the day into night , and at the fall of their Arrows , came in with their darts , that killed Achindown , and dangerously wounded Arroll , many hurt , and the most fled . Huntley sees this , and hastily spurs his Horse into the succour , and now encountring for the day , continued a cruel fight for two hours , which routed Arg●ile , not able to rally them again ; yet Macklan stood it out , with courage and skil , till he retired in order and honour , with loss of many men of note , be●ides seven hundred Soldiers , and but a dozen on Huntleys part , though divers desperately wounded . And it s called the Battell of Clenlivat a mile off . And so the Lords for the Kings side separate , and go home . But ere the Conquerors , could relish their wellfare , the King was got into the North , and demolishes Strathbolgy , Slains and Newton , principal holds of Huntleys , and though themselves withdrew to his Aunt the Countess of Sutherland , they were so beset by the Duke of Lenox , Lieutenant of the North , that they capitulate with Sureties to depart the Realm , without prejudice abroad , to the State at Home , nor to return ●ill the Kings pleasure . Huntley into France , and the rest into several So●ls . This condiscention to such notorious Rebells , lodged sometime upon the Kings account ; as in favour to the Romists ; but if we examine the charge of the War , uncertainty of his Nobles , faction of other fewds ; and a ticklish jealousie in the Ministery , not to suffer Bothwell to sinck , whose pretences till now , they alwaies incouraged , these exigents may excuse the King. Indeed in this publick Rebellion , with Papists , Colwell his Chaplain , refused his devotion , forsook his company , and came home again ; yet to make himself welcome , betrayed Bothwells Brother , Hercules Stewart , to publick execution at Edenburgh . This frighted the grand Traytor into fears ; and forsaken or all but his guilty self , flies into France , and lands at New-haven , where in disquise he lodges ; but tidings of him came to the King , who sends a Gentleman to France , to demand so reprobate a Rebell . The French King professed not to afford him countenance , but being come for refuge , he could not , in honour , debar him the free air of France . And so wearied with the insupportable weigh of his sinful soul , and quarrelling with any man to kill him , against the Edict of France . He was thereupon banished from thence , wanders into Spain , and so to Naples in Italy , where he lived , and died woundrous poor , and unpittied of all men , about the year 1624. And thus the Hydra's Heads of this Conspiracy removed out of the way , the Members came in , discovering one another to procure pardon , and the very Bond was brought in , which did assotiate these Confederates , by which the Ministers eyes were opened , and by this new light they could see Bothwells guilt , which heretofore they could hardly believe . And so ended this Rebellion with the last of the year . The next Assembly of the Church occasioneth the King then at Montross , to send Commissioners to them to urge these Articles . That any subj●●t found guilty of Treason , should also be excommunicate ; that so the Swords of Iustice , Spiritual and Temporal , should make inseparable Union one with another . That no Excommunication should be valid by private men , without major votes in publick Assemblyes of the Members of other Churches . That no Excommunication should fall upon any , for slight causes , and suspected crimes in Civil cases , lest the censure should come into contem●● , like the Popes Cursings , and when they do , to give lawful citation . A man would judge of these Articles without difficult Answer . Yet they shake their heads at all . At the f●rst with this clause , Legitima cognitione Ecclesiastica preaeunte . To the third and fourth they demur . And discharging any summary Excomm●nication . with this Exception , Nisi salus Ecclesiae periclitetur . Thus evermore they bare a starting hole , which the K. might easily see , would serve turn for their turbulent intention to colour their proceedings hereafter . What the conceipt should be , that possessed Queen Ann she had an earnest design ( envy to the Earl of Mar , his Guardian , her only Warrant ) to get the Prince out of his care , into her custody , and delt so with some Counsellors in the Kings absence , that had not the King timely prevented , and suddenly surprized the Queen , by posting to her from Faulkland to Edenburgh ) it had been too late to recall the danger , and carries her in his company away to Sterlin , leaving her alone to ponder out the plot ; such a design , as for her honorable memory I dare not mention , having no ground , but a Jesuits conceipt , but boldly put in print ; an authority enough , for impudence only . The King pondering with her the wily design , writes in secret to the Earl. My Lord of Mar , Because in the security of my Son , mine is conserved , and my concredit of his charge to you , upon trust of your honour and honesty . This I command ( as singly and solely of my self , being in company with those I like not ) that upon any charge or necessity that possibly can come from me , you shall not deliver him ; And in case that God call me at any time ; see you that neither for the Queen , nor for the Estates pleasure . you deliver him out of your hands , fill he be eighteen years of age , and that then he command you himself . Sterlin Iuly 24. 1595. Iames Rex . In this case that the King was cooped , appears his great trust to the fidelity of this Lord. Some fire carries smoak , which even choaked the good old Chancellour , whether regret of the wrong , jealousie of the King , or guilt of the Counselour ? he contracts the melancholy into a sickness ? and being withdrawn to his Country-house Lawder , sends his Cosin the Secretary to the King then at Hamilton . Excuses any evil design in him by his former continual fidelity to the Kings affairs . Commends his wife and children , and some friends to the Kings favour . Takes leave , like a man , not long of this Life . The King ever compassionate , took it for no time , to dispute with discontent . It was enough , his good services had been eminent and frequent ; this last accompt he commits to God , and like a Prince , wi●e and charitable , instead of correction , sends him comfort , under his own hand and Seal . Chancellour , How sorry I am ( saies he ) for this ill News , be your self my judge , I could never dissemble my affection . God may spare you , for my sake , if you love me so well , as to resist the assaults of your sickness , that his goodness may reserve you ( yet a little ) to me , as Hezekiah was to his people ( for the necessity between Prince and people , is reciproque ) Nor can any sickness ( of it self ) seize the vital , if God cut not the thread of life . As to your suits ; when God calls you , I shall need no Remembrancer , for since I made you a mark of my constant favour ( as your self hath oft times said ▪ ) I am much more bou●d in Princely care to conserve it to your Wife and children , that bear your Image , a lively representation for me of my thankful memory of you , examples are begun in others , what have I not done for the Duke of Lenox , and Lady Huntley , for their Fathers sake ? Suffer your thoughts in this assurance of the like to yours ; The Secretary is mine already . And if the distance of place , could dispence with my time , I should desire to see you , and to have said thus much my self . God keep you to me , and to your native Country , Iames Rex . He lanquished two Moneths , and died in October 1595. He was a man of rare parts , a deep wit , and learned also , of good courage against mighty Assailants . Mar was the man he most hat●d , the other the like to him . Both good men ( accounting them Courtiers ) private emulation I fear , more of Policy than virtue ; yet with great reservation of his Majesties affection to either , and in general to the publique service , till , I know not how he failed , in this last act . The King in some passion for his death ▪ having little more to do it seems then , bestowed his Poetry , into an Epitaph for him of a dozen verses , which because I find them much bettered , in comparison of his Ma●esties after●ver●●●ying , his holy Meditations , in turning Davids Psalms into excellent Meeter , I shall silence these ▪ and refer you to the other hereafter . This year was held ominously evil in Scotland , dearth and scarcity of all victual , abundance of winds in harvest , the natural cause ; blood-shed and slaughters in all parts , accounted unnatural , the curse of God haunting that Nation , where such Wars ( we call them civil ) cry down vengeance on the Inhabitants . Iohnstons and Maxwells had another bout in the South Parts . Those from the Western , the Maxwells , had much the worse . With the Isles and High-landers likewise , great dissentions . The In-countrey no less behind , Murthers , slaughters . The killing of one , though a private man as to himself , engages his Kinsman , Master , or Chief , to procure the revenge . David Forester ( but a Citizen of Sterlin ) murthered in his journey to Edenburgh so I censure them that lay in wait by the way ) we know not by whom ; but see , the Lairds of Arth , and Dunny pearce , in malice to the man ( because to his Master the Earl of Mar ) endeavour to shadow the inquiry of the Inquest . The Earl , in this affront for his beloved Servant , convaies the corps with a Train of Mourners from Linlithgow , to Sterlin , carrying therewith the body bare-faced , and the sheet gory in blood with the dead wounds , and all to move compassion for revenge . The body buried , Mar prosecutes some suspected ; the Lords Levingston and Elphingston boulster out the men ; No Law , nor Justice to be suffered for quiet and civil Tryal . No! these feuds will fight it out , and did , to future example of Gods Justice in the fall of these two families , much addicted to murthers and quarrels of blood . This one , and some few such like , I mention for Presidents and Examples , not glutting the Reader with too many , which in every place fill up the Scots Chronicles , and which sundry of them boast of , for magnimity of Spirit , and honour to their Gentry . We lately observed , the small effects the King found from the promises of England to aid him , which brought him to take care how to advance his own , other helps he had not . He commissioneth eight persons to govern his Exchequer , all of them Senators of the College of Justice , only Peter Young his honest Almoner . The Commission was ample in words and power , to them , or any five , To call to accompt all manner of Officers Accomptants ; To Order and Rate the Rents . To alter and change any of the Officers . To do and act such and so many particulars , in terms and words , with such exact particular powers over the rent Gatherers ; profits and duties of Caves , Customs , Fishings ( take them as they are in this order ) Cole-houses , Parks , Steadings ( Fole Coults ) Orchards of Apples ; other Fruits , Conies , Capons , Geese . Good God , what not ? Then to enterlace these , you have the other particulars , Money , Plate , Jewels , Mines of Gold , Silver , Lead , Tin. Certainly the West-Indie Fleets comes short of such wealth . But so the Scots use to accompt of their own . And to countenance their pains and care . He promiseth verbo Principis , not to adjoyn any more , and if any did , the survivours to give their consent , for admition . They had authority to revoke , disclaim , to direct letters of Horning . ( or Outlary ) Pounding or Caption ( suertyes ) and many such like , &c. These Lords make faith , &c. to respect his Majesties weal and advance of Revenew without affection or fraud . Provided not to be liable to Action , for the King. seeing they did all without fee. And proclamed at the Market Crosseat Edenburgh , Iannuary 1595. The Courtiers were blanck for such , must be their reward . But they complain as an injury to the Kings honour , having little to himself , and lesse for the meritt of any Man. And to give them more Cause of Complaint . They begin to dispose of Places ere they fall ●o the ground . David Magill Advocate , he is too old and dotes ; and must admit of one of them till of grief he dies . The Master of Glammis somewhat in Arears of his accompts , and his deputy Sir Robert Melvil , the same , must resign their Treasury to the Prior of Blantiere ere they obtain their quieti sunt . Richard Cockhorn secretary , exchanges it to Lindsey for Privy Seal . The collectary Linchclowden given to Elphinston . And their President they would Create Chancelor . Soft Sirs . The King would not . These and many more made them Clamored by the Countrey . Somewhat they deserved amisse ; But , the fate of favomites , and men of Trust , they bore the blame of all . The Jesuite , much troubled to see the State , likely to settle into security , by the severe proceedings against Papists . Whole families Grahams , Fentres , and others ; the Lords banished ; the fewds dissipated ; and the Ministry , in some measure of mildnesse : They counsell how to involve both Nations , into some design together . And to set up A strang medley of Pretenders , by protext of several Claims ( besides the Kings right ) to the Crown of England . For they found by the sad affects to them , the birth of the ●rince and likely hood of a numerous issue , if Queen Elizabeth failed and the King also , it were the same to their successors . They devised double wayes , Title , and Poyson the first was by Title ( forsooth ) of the Earl of Essex in England . Though no Catholick , yet his Ambitious and vain popularity ( they conceived , ) might quallifie his temper towards Religion , being of himself doubtfull in opinion , and so , his Clemencie would incline to Tolleration , if not profession of Catholick . They drew his descent , from Thomas of Woodstock sonne to Edwarw the 3 , And so to be promoted to the people , they dedicate a Book to him , stiled Dolmans ( a preist ) some say , written by the Jesuite Persons Cardinall All●● and Iuglefield ; discourse of legallity and pollicie , inchanging hereditary succession 〈◊〉 England , by a new devised way of Election ( only ) of ● Ro●●●● C●●tholick ; Ravelling into the History of most English Kings , 〈◊〉 be either not Legitimate or rightly uncapable . The other Title , was of the in●ant of Spain ; And therein they use their catholick doctrine , to make up with monstrous Lies and many ; 1. From Constance , daughter to the Conquerour , married to ●●●gat 〈◊〉 of Britag●e ( though all our Chronicles agree that she died without issue . 2. From Eli●or daughter to Henry the 2 married to Alphonsus of Castile . 3. And descends from Blanch his daughter . 4. From Beatrice , daughter of Henry 3 of England . 5. From the Portugall family of Iohn of Gaunt Duke of Lancaster . Thus much Persons did then . And after the Queens death , he excuseth it to the King , as taking no effect . These were devised in case the King should have no issue then in being . Whilst the Jesuite Spaniard , practiseth by poyson to hasten the Queens death , and no lesse than three in the plot . Roderick Lopez of the Jewish sectary ; Physition to her household and of honest repute , till infected by Andrada a Portugall and don de Moro a Counceler of Spain ; with a rich Jewell , in hand , and fifty thousand Crowns more to impoyson her , and this was certified unto Fue●tes , and Ibarra secretaries to that King in Flanders by Stephen Ferreira who writ Lopez his letters to them ; & they returned Emanuell Lowise unto Lopez , to hasten the plot . These circumstances they confessed and were hanged . The reason so many Portugalls in a knot , shews the time of freedome here , for them , under some pretence of don Antonio their pretended Prince , banisht thence and protected here . There followed them to the Gallows , Cullen and Irish fencer , and York and Williams hired also by Ibarra to kill the Queen . Of which she complains to Earnest Arch Duke of Austria Governour in Flanders under the Spaniard , that Ibarra●is ●is servant hatcht these treacheries , to the Kings dishonour , if not by him punished ; and to have the English and chief complotters , Owen , Throgmorton , Holcot , a Iesuite , Gefferd , and Worthington divines ; delivered up to her . We had of his here in England a fugitive , his late secretary Don Antonio perez for some mischief he set on foot in Aragon , got away to save his head ; And to the French King first , he revealed all his Masters secrets , who finding him of a pregnant wit● , and malitious , sends him to his Lieger in England to work , into some faction or design , against Spain . And here he was , without pention or protection of the Queen ; for she , nor Burgly the Treasurer would not vouchsafe to see him ; nor did any other , give him countenance ; unlesse the Earl of Essex ▪ he did , to his cost , and used him as an Oracle of Spanish politie ; sildome from his sight , but when it was supplyed with interchange of letters in latine , which Essex understood ▪ and delighted in his phraze , and yet was not glutted , with threescore of them , whilst he resided here ; They are extant , eztituled . Antonii Per●●ii Epis●ol● ad Com. Essexiam Magnatem Angliae . They discipher him a buysie intermedler : fit fuell for the Earls spirit , The French King turned papist ( as we said ) thereby winning the affections of his people , weakned the faction of the Leagues who also came in to the King , and so never left , till the Spaniard had took leave of them all . Onely those in Bretaign called thither by the Duke of Mercoeur , strenghten the Sea Coasts and resolve to stay , till by the valour of Norris by land , and Martin Forbisher by Sea , who though wounded with a shot there , returnd victor and died at Plimouth . And Norris called home , to look after Rebellion in Ireland . There was publick Reports of the Spaniards mighty preparations by sea more then in 88 pretended against Britaign in France , which the King of Scotland feared might fall upon him , or England , or both ; And therefore musters all his people , and secures the Borders , from pryvate quarrells of each other , or to infringe the peace and Covenant of both Nations , so firmly united , by Alliance and Religion . Language , and manners , that of late they seemed one . But to divert Spains purposes , Queen Elizabeth joyns with France , who denounces warr against him ▪ and is hotly pursued , in Luxemburgh and Picardy . Where he hath the better , Castelet , Dorleans , and Cambray taken ; and the French crave more ayd from England , or to be forst , to make peace with Spain , whic● indeed she suspected ; He being already received ( conditionally ) into the blessing of the Pope and conclave . These successes hightned the Spaniards , to adventure over into England from Bretaign in four Gallyes ; under Command of Dudrack Brocher , and landed betimes in the morning , burnt● poor fisher Towns in Cornwall ; and without losse of any one Englishman , stole home again . These , being the first and last Spaniards that ever in Enmity durst set foot on English ground . And this their poor attempt , incensed the English to seek him at home , that they might feel the different effects of English designs . Sir Walter Ralegh , Captain of the Queens Guard , made an Expedition upon his Territories in America commonly called , the Guiana voyage , within 8 degrees south of the Aequater . He burns some Towns and Cottages , and so returns . Sir Amias Preston , and Sir Georg Summers , also sack and burn the Towns of the Isle of Puerto sant● neer Maedera and Coche neer Margereta ; Coro , and the City Iago de Lion , but took money to spare Cumena . Hawkins , Drake , Baskervile , with 6 of the Queens ships , and 20 other Men of warr , fire some Towns in the Isle Dominica in the West Indies and others upon the continent . But the event of that voyage , Hawkins and Drake died of sicknesse , and home came the Company poor enough for any Pillage ; so we return to our Scots story . This new year some time sets variance between both Realms . The Lord Scroop for the West Marches of England , and the Laird of Backlugh for the charge of Liddesdale , design a Day of Truce to treat of disorders ; and the meeting even at the Brook that divides both nations . Mr. Salcallk was Deputy for Scroop , and Robert Scot for Backlugh , and having met friendly , and composed some differences , they parted . At their meeting was Armstrong ( nick-named Will of Kinmouth ) a notorious Thief for the Scots ; he , returning home , was set upon by some English , and after four miles chase ▪ brought him Prisoner to Salcallk , and so to the Castle of Carlile . The Truce was broken ( being accounted evermore from the hour of Treaty till next day Sun-rise ) and the Prisoner is demanded . But Scroop refused , unless by order from the Queen and Council ; The man being a notorious Malefactor , and Backlugh was modest , not to make many words , ere he procured Bowes the English Resident to write to Scroop for his inlargement , which not taking effect ; the King writes to the Queen , nor that neither . Backlugh engaged in honour to the King , and his own right of Trust , Plots the Prisoners Release , this Way . The Castle of Carlisle was surprizable , and in particular at the Postern-Gate , the measure of the height he had ; and there he meant to scale , or break through the weakness of the Wall , by Engines , and so to force the Gates . Thus resolved , he drew up two hundred horse to Mortons Tower , ten miles from Carlisle ; neer Sun-set he forded the River Es● , and two hours before day he passed Eden , beneath Carlile●bridge ●bridge , and so came to Sarcery ▪ a plain under the Castle . And making halt under Cadage Bourn , he dismounted fourscore of his company , but his Ladders too short his men fell to mining , and himself retiring to the rest , to secure those which might enter against any eruption from the Town . In fine the Breach opened entrance to single men , who brake through the Postern-Gate for the rest ; The watch awaked , and made some resistance , but were soon seized into Guard , and afterwards the Prisoner freed . The sign being forthwith given by sound of a Trumpet , a signal to the Souldiers without that the enterprize was effected within . My Lord Scroop and Salcalk , were in the Castle , to whom the Scots gave the good night , and so parted . This Surprize was handsomely mannaged , having order from Backlugh to break open no door but the Prisoners Ward ; nor did they do any more prejudice , though the Governour and Castle became under their power . Being got out , their Prisoners were returned ; The Town took the allarm , and all in posture of war , but Ba●klugh ; came back as he went to his own quarters two hours before Sun-set ; the thirteenth of April 1596. a quick and resolute design , performed with civillity and honour , which troubled the English , to be out-done nobly in any Attempts . For a Prisoner to be forced out of a strong Castle of Defence , so far within England , and so handsomely , troubled the whole State of England . And Bowes the Ambassadour , had post order to aggravate the fact , as a breach of peace , unless Backlugh were delivered to the Queens pleasure . Backlugh having done this gallant work , maintained his defence as discretly . That he marched not with design against any the Queens holds , or in wrong to any of her Subjects , but to relieve a Prisoner , unlawfully surprized , and illegally detained , being seized in the day of Truce ; nor did he a●tempt his Relief until redress was refused . And the sober 〈◊〉 civil prosecution , he was confident would be justified according , to the antient Treaties of both Realms , when mutual injuries were referred to Commissioners , as both their Majesties should appoint ; to whom most humbly he doth submit . This not satisfactory , the Queens displeasure took some time to consider , until a moneth after , it was remitted to Commissioners . The King stood upon Justice , and the rather against the Lord Scroop , for the injury committed by his Deputy . And in truth and reason , it was less courtesie to take a Prisoner , than to relieve him , unlawfully taken . Yet all would not serve , the Borderers make inroades upon each other ; the English worsted in all ▪ till King Iames , out of complement to his Kinswoman , grown old and peev●sh , 〈◊〉 content to moderate her passion , by yielding unto the imprisonment of Backlugh to Saint Andrews , and then conveyed to England , more for form than guilt of punishment , and so sent home again . The Isles were up , a petty Rebellion , naked , cold and hunger soon suppressed themselves , yet in fear of Spanish Invasion , or a Receptacle ●or Revolters , a thousand men were levyed under Col. Stuart , for fourty daies ( the custome to assist the King ) upon which the chiefs submit and give caution , to compeer before the King. And as there was too frequent cause by these insurrections for this hurried nation , often to assemble , so in truth , little effects followed , as at this time , for the Ministers , to colour their intentions , would seem to enact against Self-Interest , and begin with themselves , and fast , pray and preach ; daies of Humiliation , that was all that they would do , as to their reforming . But then there was sure to followcomplaint of the corruption of Courtiers , in the Kings Palace , and justice Seats , and fear of the banished Lords , and left not till the faults were found , such as are common , even to the best Estates . Then would they ravel into Counsel of the Remedies ; to which the King usually would afford consent ; but by experience finding out their aim , and danger of them to be too severe and earnest ( which they called zeal ) the King wisely chekt the bit . Telling them , That unless there were any evident proofs , that the Popish Lords , since their departure beyond Seas , had conspired with Strangers , to the prejudice of the Realm , in Religion or State , their cautions cannot in honor or justice , be convict , nor would he change the course of charity , and conditions to their wives and children . And indeed in prudence , the King held himself unsafe , whilst such potent Lords were abroad ; for much mischief they might do underhand , unheard , and unseen . And reasoning one day with Mr. Robert Bruce ( a leading Minister ) How much it concerned him to have them recalled . That Queen Elizabeth grown old , if de●th should seize her , he might need assistance of his own , Interest of State and honour would ballance these Lords , even against Catholique or Spanish Titles , or other Designs , and by such interest may be sooner drawn to the reformed Religion , than by compulsory extremity . Mr. Bruce yielded to the Reasons , to call home Angus and Arroll , but not Huntley , being so much hated . The Kings opinion seemed further to oversway . Because Huntley , saies he , hath maried my Cosin , one that I esteem ; a man of Power to do good or evil , and so to be made accordingly . In the end , Bruce was so bold , as to tell the King in plain terms , I see Sir , ( said he ) your affection to Huntley , whom I must oppose and you , either loose , him or me , for both you cannot keep . This insolency lost him the King. This for one example of many , which their own Historians record of their Ministers good behaviours , and certainly this mans ambition and popularity , out-vied the Kings , who espying his Trayn ; that conducted him by the Court into Edenburgh , By my Sal , said the King , Bruce puts me down in his Attendants . The exiled Lords of themselves resolved to return , but withall possible submission , and to avoid the least suspition of jealousie ; they separate ; Arroll through Holland , Huntley came before , and out of the North sends Supplication to the King , and Convention at Faulkland , in August , to reside where his Majesty would appoint upon caution of good behaviour . The King concluded aright . Either to ruin them and their race , or to receive them all into favour , and hope of reforming into Religion . The first course , saith he , hath its own difficulties and trouble for me , if I could effect it . The other is more consonant to my humour and mine honor , I desire not destruction ; errors of conscience are not of matters of the mind . I like not to receive conditions from Huntley , rather to advise of commands to them all , with clemency and favour ; which was submitted unto . And the publick joy of the Queens second Birth of a Daughter , made up the common reception of these Lords , to community and fellowship with the Congregations . She was born in August the 16. day 1596. and to be baptized in November . But now the Ministry make work , their Commissioners assembling at Edenburgh , send Post to all their Presbyteries , the State of affairs ( for so is the Commission ) That the forfeited Earls were come home without Warrant , are like to be received to mercy without submission for their offences of Treason , or reconcilement to the Church , and conditions confirmed unto them . The Preachers Pulpit these tidings to their flocks , publick and private to provoke into Tumult , and to be in readiness to resist the dangers of Church and State. The first Sunday of December held forth for Humiliation , and then the power in the Minister to tell all to the people , and to inlarge as the zeal of the Spirit shall promp them . They assume power to call to account all manner of men ; Entertainers , Receivers , or communicate with them to be canvased with the censures of the Church , Una citatione quia periclitatur salus Ecclesiae , & Reipublica . And with such busteling with several Commissioners from all parts of the Nation to make Residence at Edenburgh , and daily to convene , to receive intelligence from all parts , and return Edicts and Ordinances to prevent ( if possible ) the eminent ruin to Gods People . And this daily Convention being a New Modell , so must it be stiled , The Council of the Church . And instantly they find o● make work ; the Lord Sea●on , President of the Session , was 〈◊〉 to account by the Synod of Lothian ; Not that he was guilty , but that their power and pride might strike terror in the people , for as they had no proof at all , and so ( as by President of the Popes inquisition ) his Oath purges himself , assures him to their Conclave , and so gets home again . This monstrous manner of muteny , makes the Men of State to foresee mischief , and not being powerful to remedie , nor was it politick to publish their errors to the people , or scorn upon the face of the Church . The President , Secretary , Advocate and Laird of Colluthrie were commanded by the King to confer with as many of theirs . To whom they move the question , whether if these Lords satisfie the Church ( otherwise his Majesty desires not ) that then they might be pardoned and restored to their Estates . But receive a Court Answer , They came only to hear Prepositions , and to remit them to their Brethren . And so they did , with Apostolick Conclusion . Their acceptance of the Kings behaviour and respect to the Church , not to resolve of any favour to them Rebells , till the Church were satisfied . But their censure , by Gods Law condemned them to death , and being also sentenced to lose their estates , they cannot be legally pardoned , nor restored , or if the King or his Council , should take upon them to do otherwise , they were to answer it to God and the Country , themselves make protestation to be free , before God and man. I shall not comment upon this Text. The Popish Sanadrin does so . An Historian of theirs calls it Passionate zeal , under which all impudence may be maintained , should they be ignorant of the tender bosome of the Mother Church , parent to Babes , and to repentant sinners ? Mark their distinction , The Church hath power to do as she pleaseth ; but the King must not , he must do justice . The King is wroth against them all , common resentment , private and publick . And wise men advise the Ministers in prudence , to make address to his Majesty , and to understand his displeasure , and also to offer on their parts terms of satisfaction , and so modestly and mannerly to lay open the Grievances , and to offer means of redress . Somewhat they did , not as they were advised , or ought to have done . The King tells them , There could be no agreement , till bounds of Marches are designed , ●or reconcilement , till Iurisdictions are distinguished . Their preachings , censured Councils of State , They convocate General Assemblies without him or his Warrant , and conclude as they please without his consent . They meddle with all matters in their Synods , Presbyteries and Sessions , and under colour of scandals , usurp that Notion to offend in all . Besides he could sum up several sorts of their disorders , which would take up time , their own guilt should study means to amend , otherwise things may become remediless , neither to agree , nor to last long without . But to come to their points , what could it be to kindle such fires and fears ? The Kings favour to the Popish Lords at Falkland , and confirmed at Dunferlin . His countenance to the Countess of Huntley , what● that ? She is invited to the Princess baptism . The Education of the Princess to the Lady Levingston , a Papist . And to smooth all they condescended to say , They were sorry for his Majesties displeasure . The last he took up first , That their abusive Sermons had given him in particular just cause . To the Popish Lords , what he granted was by General Convention and consent of Estates ; as needful for peace to the Realm . The Lady Huntley was discreet , and deserved more , and that she is a Papist , they are too blame that never taught her the Truth . The Princess is intrusted to the Wisdome and Government of the Lord Levingston , not to his Lady , he to command , she to conform . Good God! their History of the Kirk , stories many , and many such Medlings , which I forbear to mention . By these and the like may be measured out their malice , pride , vanity , and their cunning , to colour all with conscience , and zeal of Truth . But it becomes dangerous , Mr. David Blake , Minister of St. Andrews , rails in his Sermon against the King & Council , and Session of Estates , and called the Queen of England by name an Atheist , of no Religion . Bowes the Ambassadour complains , and Blake is cited before the Council . Melvil meets him , and makes it the common cause , as a preparative against all , to bring down the doctrine of Christ , under the censure of the King and Councel . And so far was it plotted with the Council of the Church , that they desert the day of his Diet ( or appearing . ) That it would be ill taken to question Ministers upon trifling delations . When , as the Enemies of Iesus Christ , were spared and protected . Telling the King ( who was descended , to shew them Huntleys condition , ) That both he , and the rest should either satisfy the Church in every point , or be pursued with Extremity , and so no cause to complain of their oversight of Papists . And though the Articles were framed , and Printed satisfactory to all . Yet they Publish , That Papists were favoured , the Ministers rebuked for siding against sin ; And that the Scepter of Christ was sought to be overthrown . And if Master Blake should submit his doctrine to the triall of the Council , the liberties of Church and spirrituall Government of Gods House be quite subverted . And by all means . a Declinator is designed ▪ to protest against such proceedings . And in this fire of zeal in opposition to better Councell , They answered , that the cause of God concern'd them to withstand all future hazards . It was trusted to Blake himself , to present ( in presence of the King. ) I know not , whether prudentiall in me to suppresse it , for fear of evil President . But that it is a record . Take it in the Breef . That howbeit his innocent conscience , maintained him sufficient , against the Calumnies of whomsoever , and that he was able and ready to defend his doctrine uttered , in opening the words or application i● matter . Yet seeing he was convened before the King and his Council , to be judged for his doctrine , and that his answering might be suspected a submission ; and so imputed a prejudice to the Churches liberties ; and to be taken as an acknowledgment of the Kings jurisdiction in matters spirituall ; He was constrained to decline that judicature . First , because the Lord Jesus Christ of whom we had the grace of his calling , had given him his word , for a rule to his Preaching . And that he could not fall in reference of any Civill Law , but so farr as he should be tryed to pass his instructions . Which tryal belonged only to the Prophets and Pastors , the spirits of the Prophets being subject to them alone , &c. Secondly , in regard the liberties of the Church and discipline were confirmed by sundry Acts of Parliament and the Preachers . ( office bearers thereof ) peaceably possessed therein , perticularly in the indicature of the word , He ought to be remitted to the Ecclesiastick Senate , as the only compitent Iudges . For which , and other weighty consideracons , inconveniences to Religion , the State and Nation , and to the King himself , by the appearance of destraction and Alienation of his mind , from the Ministery , and the cause of God in their hands . He for himself and in Name of the Commissioners of the generall Assembly , who had s●bscribed this Declinator , Besought , that the Church of God , might receive no diminution , but rather manifest care to maintain the same . The diet came , and he required to make answer . Said , That albeit he might object against the Citation , it being directed Super Inquirendis , contrary to form , yet he would take himself to the remedy of Law , and to be remitted to his own Ordenary . Being asked whom he meant . He answered , the Presbytery , where the doctrine was taught , The King told him , the matters charged were civill ; and that the Summons had reference to the particular letter of the English Ambassadour . He replyed , that speeches in the Pulpit must be judged by the Church , in prima instantia . Being asked , whether the King might not judg of facts of Treason , as well as the Church did matters of Heresie ? That whether speeches in the Pulpit , though but pretended Treasonable , could not be judged by the King till the Church had remitted thereof ? But he answered , That he was not come thither to resolve questions , and so offered his Declinator . The King not able to amend what was amiss , meant to work it otherwise by remitting of further proceedings to Nov. 30. Mean while , the Commissioners send copies of all transactions , to the several Presbyteries ; requiring them for Corroboration to confirm the same by their subscriptions ; To commend their doing as the cause of God in publick fasts and Humilliation for the sins of the Nation by prayer and preaching . The meaning thereby was , to tell the stories to the people , for maintenance of this their ill manners ; And which the King interpreted , a direction to dangerous Mutenie , and future Rebellion . And therefore , Proclaims all their particular proceedings , with remonstance of their Misdemeanors and to prevent disorder now , and confusion to follow , by advise of his Councill discharges the commissioners , and dissolves their convention , illegal in it self , and worse unlawfully executed by them ; Whom he commands by Name to depart home in 24 hours to attend their flocks and duties in their Ministery . And no wayes to return to convene either within or without the Burroughs of Edenburgh , under the pain of Rebellion . But we tire the reader and yet hereby , we may discover what they did in such like many more , for to the death they will proceed . Hereupon they consult , that seing they had been convened by the warrant of Christ , to take care of hazard to the Church , Et ne quid ecclesia detrimenti caperet . They should obey God rather than man. And notwithstanding any charge to the contrary , to continue together , and to send to the Octavians ( those 8 Councellors of State formerly mentioned ) that seing at the entrance to their places , the Church was in quiet and peace ; and now to be imbroyled ; the Enemies to truth overpowring , and all by their councels and connivance ; The event of evil , must fall upon them , the Contrivers or Connivers . The President hastily made answer , As they began so let them end ; the Councills advice , neither was desired , nor given on either part , and therefore would not meddle between the King and them , but leave it to his Majesty and Nobles . This answer taught them fresh advice ; to remonstrate to the King himself by Messengers of their own ; and fearing the effects ( the Kings anger ) humbly interceed , for surcease of Processe against Master Blake , Until his Majesty should be pleased to convoke an Assembly for deciding all controversies to the Kings content . To which he consented , provided , they would passe by the Declinator , or at least to declare that it was not a Generall but a particular Declinator , used in Blakes case only , as being a cause of slander , and so , appertaining to the judgment of the Church . This by the wiser , was held fit to be received , as an end of contention ; No! Rather to stand to their tacklings , Gods cause , Against worldly powers . Ravelling into former examples , of prevailing against Princes . Others argued to try Mastery with Majesty , may faile of effects ; as yet the Court stand in some fear of the Church , and to keep up their concept , let us take the best conditions we can , least our weaknesse appear , if we have the worst , and so the terror of the Church despised , or neglected ; Much will portends little wit ; and as it is often seen , who gripes at all , grasp nought but wind : and to levy all their wills , is to lose all their wits ; of which , God send them more plenty than appears by their proceedings . But not prevailing , the King proceeds to proclaim their departure and Blakes appearance as afore ordered . The next day , sunday , solemnized the christning of the Princesse . Bows Ambassadour gave Her name from his Queen , Elizabeth . and the Town of Edenburgh , by their Majestrates , assisted as other witnesses . Yet all that day in the Churches were bitter invectives . The Commissioners of the Church presented a Petition to the King and Council . That seing the decision of intricate questions could work no good , and was subtilly urged to ingender discention , between his Majesty and the Church , he would be pleased to remit the discision to a lawfull Assembly , and not to incroch upon the limitts of Christs Kingdom , upon any pretence , but to bend his actions against the common Enemie of the Church and state , the Papists . Then they exhort the Noblemen to give his Majesty faithfull Counsel , and not to be subject to the guilt of sin , by the craft of such as seek the thraldom of the Gospel , who intend to exite their honours to be the Executors of their malitious devises . With order to those that presented this Petition , that if the same was refused , to enjoyn them to protest against the preceeding of the Councel . The King rejects it , as not worthy of Answer , commanding to call Blake to his summons First , That he affirmed in Pulpit that the Popish Lords were returned with his Majesties knowledg and further assurance , wherein he had detected the treachery of his heart . Secondly , that he called all Kings the Divells barns , and that the Divel was in the court and in the Guiders thereof . Thirdly , That in his prayers for Queen Ann , he had used these words , we must pray for her , in fashion , but we have no cause , she will never do us good . That he called the Queen of England an Atheist . That he had discussed a suspention granted by the Lords of Session in Pulpit , and called them Miscreants and Bribers . That the Nobillity were degenerate , godlesse , dissemblers , and enimies to the Church . That the Council were Holliglasses , Cormorants and men of no Religion . And that he had convocated divers Noblemen and others within Saint Andrews in June 1594. caused them to take arms in troops of Horse and Foot and thereby usurped the power of King and Council . After reading of the summons , Robert Pont their Minister protested , that the processe in hand should not prejudice the Church . To which the King answered that he meant not to meddle with matters of doctrine , but to censure , the treasonable speeches of a Minister , which he and his Councel would judg , except , that by scripture it could be held forth that Ministers were not subject in these cases to judicatures . Blake makes answer ; that the accusations were false , calumnies ; producing testimonies of two , which he alleged should be preferred to a●y report whatsoever . Next he said . That to the first six points the Council were not lawfull Iudges of speeches in Pulpit , but the Presbytery , where the sermon was uttered . And so presents a second Declinator . But being put to voyces it was sentenced , That the crimes and accusations mentioned in the summons , were seditious and treasonable , and that the King and Council were competent Judges in all matters , criminall , or civill , as well to Ministers as other subjects . The Council dissolved , the King willing to conserve peace and amity , to the Ministers offered terms of reconciliation and to return Blake to his charge and Pastorage . Bruce answered , That if it concern'd only Master Blake , the offer might be accepted , but the liberty of Christs Kingdom , being wounded by the Proclamation , and by usurping spiritual Iurisdiction , of greater consequence then Master Blakes life and twenty more ; and that if those things were not retreated they would oppose , during the last aspiration of breath . The King the next morning treated with some of theirs . Shewing how far he was from impairing spiritual Jurisdiction , that he would amplifie and inlarge the same ; but ( said he ) to discourse of State in Pulpits is intollerable , I clame to judg in matters of sedition and civil and criminal causes ; and of speeches that may import such crimes ; and if the Pulpit should be a place of privilege , under colour of doctrine to stir up sedition , no good man will grant . If Treason and sedition be crimes punishable , much more comitted in the Pulpit , where the word of truth only should be taught . I am not ignorant what France of late and England formerly , have suffered by the violence of such spirits . And I may not indure it . Hereupon , the Church finding the King resolved , desire some Declaration to be made to the people in favour of Church Assemblies , which they feared was hereby , of late somewhat weakned ; which the King assented unto , and it was accordingly published , to give finall conclusion to these differences . Blake was required only to acknowledg his offence to Queen Ann. And to be pardoned of all . This he would not do , and was therefore sentenced . To have falsely s●andered and treasonably calumniated the Kings Majesty , his consort the Queen , his Neighbour Princesse the Queen of England , the Lords of the Council and Session , and that , till his Majesties further pleasure , he should be confined beyond the North water , enter ward within six dayes . and Ten daies more were taken up , to decide these differences ; and the King condiscends to lesser submissions than before . But the Commissioners refuse to agree to any censure of Master Blake , as not done by the proper Iudg. And so they ordain a fast , and pray , and preach complaints , of wrong done to the Kingdom of Christ. The King on his part , made the grounds of his displeasure known to his people , by Decla●ation ; setting forth particulars of the last Transactions . Ordaining all Ministers to subscribe their obedience to his Majesty ; and to set their hands to the bonds presented to them to that effect , under pain of sequestring their rents and stipends till they submitted . Blake to go to ward , and the Commissioners to remove out of Town . They increase Aspersions upon the King who willingly would have recalled these sentences and Publications , and some Ministers , were treated therein , till a scandalous Letter was devised and sent by under hand advise , that Huntley had private reception by the King over night and caused the charge against the Ministers . Balcanqual takes his text out of the Canticles , and so to present the troubles of the Church , relates the late proceedings which he calls treacherous forms of the Council , naming particular officers , The President , and Controuler , and Advocate , with reproachfull raylings ; and concludes to advise the Barons and Nobles to meet in the little Church for assisting the ministry . From them came a petition to the King in behalf of his Ministers , and presented to him in the uper house of session , with complaints , uttered by Bruce of all which had passed . The King declining the petition and remonstrance , asked who they were that durst convene against his proclomation . The Lord Lindsey passionatly replied , That they durst do more than so , and would not ind●re destruction of Religion . Numbers of people thronging into the Room , the King removed , the people seduced by Lindsey and others , some said arm ; others called out , to bring forth Haman , others cry'd out , the sword of the Lord and Gideon . And with much adoe , to appease the peoples rage , at they knew not what . The Lords and Ministers meet , propose Articles to the King , and whilst they design who shall present them , each one refusing . The King and Councel remove out of Edenburgh into Linlithgow . Ordering a Proclamation to signifie the reasons of this departure , the Town being unsafe for his person and Council , and unfit for the administration of justice by the late in sufferable Tumults , commanding all Lords of session , Commissioners , &c. and their Deputies to remove out of the Town of Edenburgh , and be in redinesse to that place they should be after assigned . And the Noblemen and Barons to withdraw to their own Houses , and not to covene or Assemble , under pain of the Kings displeasure . The City is amazed with these proceedings , not knowing what to do , or whom to trust unto . The Ministers night and day restlesse to get subscriptions , and to covenant , to call in certain Noblemen of note , Hamelton , Backlugh and others . Fast and pray , and preach what stuffe , best befits their projects , one amongst many others , Iohn Welch ; takes his theam , the Epistle sent to the Angel of the Church of Ephesus , rayl'd against the King , who he said was possessed of a Divel , and one Divel ( the King ) put out , seven worse are entred in . That the Subjects might lawfully rise and take the sword out of his hand , by example saies he , Of a father faln into frenzie , might be bound hand and foot by his family from doing mischief . Yet this execrable doctrine , was received by some ; nay they preach , that the Earl Arrol had come to the Ferry with four hundred horse the day of Tumult , but the rising of the people , ( as a providence of God for good ) scattered his forces , in fear of the Town so prepared . And being Masters of all , they undertake to send Messengers to the Earl Hamelton , with letters , that the people animated by motion of Gods spirit , had taken Arms , with the patronage of such Godly well affected Noblemen , and Brethren then at Edenburgh for the cause of God. Only they wanted a Head , an especial Nobleman to countenance their cause . And having made chioce of him , they invite him to Edenburgh , with all convenient speed , and thereby to signifie his affection , and to accept the honor which the Church of God had offered unto him . It was writ and subscribed by Bruce , and Balcanquall and sent to Hamelton , who receives the Messenger with all shew of kindness , and seems to prepare his journey for Edenburgh ; but , by the way , better advised , he turns to Linlithgow and presents the King with the letter , who wondered at the modesty of the man , accounted more ambitious , than to neglect such a rise to tempt his humour , by whom had the letter taken effect , it might have caused strang Rebellions ; when the Church had begun to act their part with so much power , a bloody issue alwaies following the pretended zeal for Religion , as the most part of Christendom have felt the miserable effects , and great Britain most of all . The insurrection , and letter made work for speedy Counsel to act for the King , and the Provost had order for imprisoning the Ministers , who got loose , and fled to New Castle in England . The Town send Commissioners to purge themselves , protesting their Innocenc●e , and offer their obedience , for repairing the indignity and dishonor done to the King , but served not for their purgation ; for the next day , the Tumult was by the Counsel declared Treason , and the devisers , Actors , and Partakers to be Traytors . Edenburgh smarted for all , the inhabitants in fear of desolation ; the law-Courts removed to Lith ; the Session to Perth ; the Ministers fled ; the Magistrates dispised ; and all men without the walls , their enemies . And again most humbly supplicate the King with the best excuse for themselves . The King told them that he would proceed with them contrary to what they did to him , by form of law , not by violence : and that the estates should meet in the same place , where the dishonor was done to him , for their tryal and punishment . The day before the convention . The keys of the Town submitted to the Kings officer ; a guard of the Kings forces ranged the streets ; and the Citizens disarmed , are commanded to keep within doors : the charge of the Town given to the Earl Marre , Lord Seaton , and Uchiltry . Thus prepared , the King enters with a train of Nobles , alights at the Talbooth , where the Estates did meet . The Provost Sir Alexander Hume , with the Baliffs and numbers of the City , fall down on their knees ; and to pacifie the King , most humbly propose ; To purge themselves of the Tumult by oath before the Council , having made diligent search for the Authors , a●d would proceed to inquire , or to a●sist any other officers therein . They promise never to admit of those Ministers pronounced Rebells , without his Majesties command ; nor ever to receive any hereafter but at the Kings pleasure ; and not to elect annual Majestrates without the Kings approbation , and to accept others whom the King would present . And in all , or any other manner , to submit , as his Majesty shall ordain ; under protest that they take not upon them the crime of the Tumult . See the effects of Rebellion , in general , if they succeed not , advance the Soveraign ; so did this . The insurrection proceeding from the Ministers their Ecclesiastick Jurisdiction , submits alwaies after to the Kings authority . In these stories of Bruce before , and Blake now , the grand Incendiaries of their Riot , it appears how patiently the King proceeded , if possibly to have confirmed them , and to have secured his Prerogative with their priviledges , which he could never procure from them , without this oversight of their own . Besides ; how submiss are the Lay subjects now ; and how high grows the King , and his Counsellors ! Advice is offered ; to raze the Town and erect a Pillar of repentance ; a Monument of their misery ; caused by their insolencie ; and this their punishment . Others were lesse mild , but all for condign marks of revenge , to teach others their duties , for the time to come . Nay Bowes , the English Ambassadour was out , and in , and in , and out , with his policies ; he liked well to imbroile the State , but not to allow advantage to the King , for by the faction of the Brethren , all the designs of England were managed ; and reciprocall assistance from them , to ballance their quarrels at home ; and therefore Queen Elizabeth writes to the King her advice ; fearing belike , too much pressing upon the Ministry according to their merrit . My Dear Brother , If a rare accident , and ill welcomed News , had not broken my long silence , I had not used Pen-speech , as being carefull of your quiet , and mindfull of your safety . To omit the expressing of both , by letting you know how untimely I take this new begun phrenzie , that may urge you to take such a course , as may bring into opinion , the veryfying of such a scandal as you avowed to me to be farr from your thoughts . In this sort I mean it , some members of the Church with their Companies , have over-audatiously imboldned themselves , to redress some injurious acts , that they feared might overthrow their profession ; which I grant no King for the manner ought to bear with , yet at the instant when the new banisht Lords returned , and they seem to be wincked at without restraint , and the spring time going on , when promised succor is neer hand , together with many letters from Rome & elswhere , which tel the names of men , authorised by you ( they say , though I hope falsely ) to assure your conformity , as time may serve you , to establish the dangerous party and fail your own . I wail in unfeigned sort , that any just cause should be given you to call in doubt so disguised acts , and hope that you will so try this cause , as that it harm you not , though it ruine them . Of this you may be sure , that if you make your strength of so sanday a foundation , as to call to your aid such as be not of your flock , when as the one side be foolish , rash , head-strong , and brain-sick , yet such as may defend you , having no sure anchorage for themselves , if you fail them ; and the others , who have other props to sustain them , though they lack you , yea such as though your private love to their persons may invegle your eyes , not to pierce the depth of their treason ; yet it is well known that their many petitions for foraign a●d , might have tended to your perril , and Countries wrack ; for seldome comes a stranger to a weaker soil , that thralleth not the possessor , or indangereth him at least ; I trust you think no less ; or else they must justifie themselves to condemn you ▪ for without your displeasure not feared for such a fact , no answer can shield them from blame . Now to aver my folly , in seeming buysie in anothers affairs , I suppose you will not mislike , since the source of all is the care of your good , to desire that nought be done , that may imbolden the Enemie , decrease your love , and indanger your securety : This is in summe the line whereto I tend ; and , God I beseech to direct your heart , in such sort as you please not your worst Subjects , but make all know in a measure what is fit for them , and make difference between error , and malice . So God bless you with a true thought of her that means you best . Your most affectionate SISTER . Elizabeth Reg. The Queen suspected , that the King would have given extream punishment according to the fact , and so highten their adverse enemy the Papists ; whose cause she urgeth as more guilty , to ballance them both , with mercy , not malice . This moderate Council it appears by the Kings former proceedings , he intended rather a mind to paliate than to urge the occasion of greater diferences . And accordingly no farther prosecution was made , only to pursue the Town criminally , and to appear at Perth . February next . And the Octavians not agreeing amongst themselves , gave over their Commission of Exchequer into his Majesties hand , fearing belike in this time of examination , and purging defection , they might come to a troublesome accompt ; though generally , they gained repute of faithfull Stewards of the Kings treasure . The King finding the Church affairs fall into his own hands , rectifies the abuses ( crep in sates one ) amongst their articles of discipline , I cannot say so ; they were so framed and formed from the first ; every day proceeding absurdities , not disputed how resonable , or religious , but as they made for their advantage so were they ordained , and obeyed . And therefore a National Assembly is appointed at Perth , must regulate all ; to treat and determine the bounds and excercise of the spiritual Jurisdiction . Articles being drawn up and printed for to enter upon consideration , with this Preface of the King. He takes God the searcher of all hearts to record : That his intentions are not to trouble the Church with thorny questions , nor yet to claim to himself any tirany over the same , Only , to have these doubts , solved , to prevent debate to him , or his Successors , and to settle the policie of the Church , that so the corruption being removed , a pure Harmony might be fixed between him and the Ministers , to Gods glory , &c. The Articles were at first drawn up to fifty five , and to be supposed that those questions were never decided , but effectually they were in use , to the prejudice of the King , and people , which no man till now durst dispute , being left loose for the Ministers mental reservation . Many of them were much troubled ; to submit their discipline to dispute , which they had assured the people to be part of the Gospel , and therefore mightily endevoured to prevent examining ; but the business so far forward ; the King had his party to press it on . A note of observation , what packing there was of voices for eithers advantage the policie of some ; the late Generall Counsels of Christendome having taught the way ; and these are apt 〈◊〉 to learn. And therefore the Northern Conscientious Ministers , not as yet tainted with the Iesuitical tenents , were delt with , by a Message from the King to be distinguished from the Mutineers of Edenburgh ; not esteeming them guilty of reproach , with such evil subjects . How well the King intended to them in particular , and so hopes , that their behaviour would evidence their resentment , of his Majesties favour and affection . They are desired to subscribe to the bond in acknowledgment of the Kings royal power , and to accept the E. Huntleys offers , & to absolve him from excommunication ; and reasons enow given for these . And lastly they receive the Copy of the fiftie five questions ; and are desired to send Commissioners to the Assembly appointed at Perth . They with reverence make answer , That as they were ignorant of the Tumult and the Ministers flight so they were silent in their judgment and censure . This though in the general . The Authors of that insurrection were Traytors ; and if Ministers , to be double punished . They had sworn to his Majesties power and regallity , when they were admitted Ministers , and would never decline it . The bond mentioning Master Blakes speeches in Pulpit , concerning application of doctrine , which his Majesty had pronounced as a question to be decided in the next Assembly , they humbly reserved themselves , til that time . And for the Earl Huntley , his repentance should be most acceptable , and they were content to conferr with him , and use all means for his resolution ; fearing they should not find him earnest for absolution . And least the Ministers should have cause to hank upon jealousies of the Kings favour and affection to the Popish Lords ; especially to Huntley , for whom in truth he had earnestly endeavoured reconciliation . He therefore writes to him peremptorily , either to make faith , and satisfie the Church , or be banished for ever . The day come ; the Assembly meet . But not to trouble them with all those fifty five Queries formerly printed , the King remits them to the future ; contenting himself for the present with a dozen Articles to be determined possitive . 1. That it be lawfull to the Prince , or any pastor , to move doubts , and crave reformation of any points in external policie , and discipline of the Church , not concerning salvation , nor defined in scripture ; and to be done , decenter , animo aedeficanti , non tentandi . 2. That the civil and politick goverment of the Realm , belongs properly to the Kings office , and his Counsellors , and not pertinent to the spiritual Ministry of the word ; nor to meddle in matters of state , nor his Majesties Laws , Statutes or Ordinances in the Pulpit . 3. That Ministers shall not name particular men in Pulpit , except upon notorious crimes , as of fugitive , or excommunication . 4. That in application , the Minister have respect to his flock , without extravagant discourses impertinent . 5. That every Presbytery , take diligent accompt of the doctrine of their ministry . 6. That Summary excommunication be utterly discharged ; and the sentence , to follow three Citations , at eight days distance . 7. That no sentence , or censure proceed from any Assembled , but of those within their bounds . 8. That all summons containe speciall cause and crime , and not super inquirendis , quod est mere tiranicorum . 9. That no meeting be without the Kings consent , except the ordinary session , Presbyteries , and Synods . 10. That in principal Burghs ; no Minister be placed without the consent of the King and the flock . 11. That seven or eight discreet Ministers , be authorized to reason upon the rest of his Majesties Questions ; till time serve . 12. That the Northern Ministers absolve the Earl Huntley fromexcommunication ; if he satisfie the Church . Their answers to each were not received satisfactory , and therefore they attend the King and Counsel ; where his Majesty reasons with them the justness of his desires , and after serious consideration they conclude to the Kings liking . A commission was granted to some of them to reconcile the Popish Lords to the Church , And Articles ordained for Huntley , Angus , And Arrol to subscribe . which they did . The Ministers taken into protection and grace ; and all Papists in general ( except the Lords ) to depart the Realm before Iune . And all the former offenders , and Mutineers remitted to pardon , which hapily concluded the end of this year . And to shut up all with the time , let us take leave of Iohn Lesly , Bishop of Ross , who took leave of this life at Bruxells in Flanders , his constant abode since the execution of his Excellent Princess , Queen Mary of Scotland ; a man , memorable with reverence , for his faith and constant service , to his Sovereign ; and his extraordinary care and trouble , travelling to most Princes in C●ristendom , to interpose their credit , with Queen Elizabeth for her relief , induring all hardships for her sake , examinations , disputes , imprisonings , and at last , banishment out of England , as you have heard , leaving his Mistriss without hope of redemption from her Captivity . And therefore administers his last and best service , spiritual consolations , which he purposely writ to her in a Treatise , printed and published , full of piety and learning . those no doubt composed his own mind with patience and comfort , after her sad and miserable death , which he bore off for some time , till sorrow seized him into a languishing sickness . He composed the Gests of his Native Countrey into Latine from the beginning of that Nation , to his last time . He was servent in his faith , zealous , and charitable , and died as he alwaies professed , a Juditious learned Romish Catholick . And so let us see the affairs in England . The Queen , to divert the growing greatness of the Spaniard , had assisted the Netherlands ten years in their rebellion ( as some stile it ) against him ; and now considered , that whilst she established their tottering territories , her self became poor , and they had plenty . And therefore by Bodly her Ambassadour , she demands to be eased of her charge in her Auxilliaries , and to be paid some part of their dept , to her lendings . These promise to ease the Queen of her fourty thousand pound per annum , that shortly they would pay her , twenty thousand pounds , part of their dept , and not enter into league with any , without her consent , and after a peace with Spain , they would pay her a hundred thousand pounds yearly , for four years , the full dept , humbly imploring four thousand men , and to be raced out of her accounts for all by past . To which she consented ; least by her neglect , they should be inforced , to disjoynt their Confederacie with her , and rejoice their common Enemy . Against whom , she was rigging a Navy , and would have thirty of their ships to adjoyn , and so they pieced again . Her Rebells in Ireland increased to 1000 horse , 6280 foot in ●lster , 2300 in Connaugh , all at Tirones beck ; wherefore she sends over Narris to assist her Deputy in equal power . A marvail to many , a too headed Government , being monstrous in policie , as well as in Nature ; so that crafty Tyrone treats with Norris and gets Truce for a time , who suttly took leasure to hatch and plot greater mischief . The spring time begets a Treaty , with the Queens Commissioners , sent over to Ireland to receive the Rebells complaints , They desire free ●se of their romish Religion , and enjoyment of their lands Ecclesiastical , and others , upon reasonable annual payments ; all which , the Commissioners counterpoyze with conditions more strickt for them to submit , which they refuse ; bu● between them both , they continue Truce tell April after . Which time the Queen took to consider ; and Tyrone secretly to deal with the Spaniard , for a compleat Army , to their succour . The Duke of Parmadead , Albert Arch-Duke of Austria , and Cardinal , succeeds him , Governour for the Spaniard in Flanders , and to credit his new-come Authority , ( usually with Commanders ) he prepares fresh forces on the sudden , beseiges Calis , and takes it from the French. The Queen startled at the report of the Cannon , which she heard into the Chappel at Green-wich ▪ ere she knew from whence . But then , afraid to perrish in her Neighbours fires , raises an Army , and a Navy of 140 ships , 18 of her own ▪ 22 of the Dutch , the rest for necessary service ; and 6360 souldiers ; Volunteers 1000 ; Mariners 6722. The Lord Admiral Howard Commander in cheif at Sea. The Earl of Essex by land , their design was against the Enemies ships , or provision of amunition , rumored to be sent against England Scotland and Ireland ; of greater power then in 88 , and to land upon some of the Coasts , and Towns , She thought in piety to pray for success , and that God might not be mocked with several bablings , as the fancie should affect ( and now newly in fashion to form it , ex tempore ) she prescribed them therefore , the manner , that the world also , should be witness of the true ground of her publick Actions . Most omnipotent God , that searchest and fadomest , the secret conceits of the heart , and in them , the true Originalls , of our actions intended . Thou knowest , that no malice of revenge , nor quittance of injuries , no desire of blood , nor lucre of gain , hath bred in us a resolution now to set out our Armie , but a h●edful care , and wary watch that no neglect of the Enemie , nor security of our selves , might breed danger in us , or glory to them ; these being our grounds , we humbly beseech the to prosper the work , and with the best fair winds , guide our Navy , and if it be thy will speed us with victory , and the end to thy glory , thou the same , and we , peace to the people and on all sides , spare the blood of thine , for they are pretious . To these petitions , grant thy blessings , for the merrits of Christ , Amen . In those daies they prayed so , and people understood it . It was a wonder , whether they went , for themselves knew not , till at the hight of cape Saint Vincent they opened the Commission , which commanded them for Cadiz , the sowth of Spain , and mouth of the Straits . They take the City , burn and sack the Iland , and ships . The loss to the Enemy valued twenty millions of ducats of eight shillings sterlin money . And Essex having Knighted sixty Gallants , with honor , and every man inriched with spoile , they return , this success set up Essex , into a ranting vain , not to be moderated with any Counsel . His extravagant designes by the way homewards , not to return so soon till he had done somewhat more famous . An observation of pride and ambition then , set that mark on him , that lasted to his last breath . To repair these losses , Spain riggs a great Navy at Lisbone , designed for the West of England and Ireland , which by storm were seperated and many shipwrackt , the rest return . And now it was time for England and France to fortyfie their former League , and for Queen Elizabeth to send thither 2000 foot , into Picardie . These were times of Action and Honor , and because no place circumscribes valour . An English Noble man Thomas Arundel of Wardour , for his service in Hungary against the Turk , is created by the Emperour , Earl of the holy Empire , and to his Successors , male or female , and have place and voice at the Emperial Diets , and free Denizens . From whence arises a question of their use , and precedency at home . The defence may be from Presidents . Henry the third of England allowed it to Mohume , created Earl of Somerset by the Pope . Henry the eight did so by Curson whom the Emperour made Earl of the holy Empire . In Scotland Earl Dowglas had the title of Duke of Tours from the French King , and so had John Stuart the Earldom of D'Everux . The Exceptions are more ancient . No man being a Citizen of Rome , could accept freedom elsewhere , Pompeyus Atticus refused therefore to be of Athens . In Venice and Genoa . No man may receive dignity either Spiritual or Temporal from any forraign Prince , for which he is suspected , and suspended all office at home . And indeed the Earls of the Empire , are too common to have precedencie , or value abroad . And for the Scots , their Kings coat of Arms , engralles them with their fl●wr'd Lis , and so under tuition . Valerian the Emperour said , let that only be Honor which we create . Queen Elizabeths censure was this . That , as a wife should dedepend on the man ; so a subject to receive no love tokens , but ftom his Sovereign , she knowes not her own sheep , by anothers brand , nor willing they should obey a strangers whistle . Indeed , Nobilitas is derived of Nosco to know . Vir Nobilis idem est quod nolus , & per Omnia . But our Law doth prohibit any Subject of this Nation to receive Titles of Honor , or dignity of the gift or donation of a forraign Prince , it being belonging to the State of this Nation , est ius Majestatis & inter insignia summae potestatis , vide Cook 7 part . And if such a man bring an Action and the writ be so stiled ; the defendant may plead Abatement of his writ . Nor shall any Nobleman of any other Nation , hold plea in England by his name of dignity , but only by his name of baptisme and Sùrname , Cook 7. part . Nay , though he mary in England , and have issue here , the Father dying , his Son shall not bear titles of his Fathers Honour , because the title had original by a forein Prince , and not by English Peerage . Nay , a more strange case . A Postnatus of Scotland or Ireland , ( who is a natural Subject of this Land ) be he the Heir of a Nobleman , yet he is none of the Nobility of England . But if the King summon him by writ to Parliament , and therein , stiled by that foraign Title , then from thenceforth , he is a Peer of England 39 Edw. 3 36. But more , and worthy observance : A Knight of any foreign Nation , shall be so named in all our Courts of Pleas , ( for the highest and lowest dignities are universal ) 26 Edward 4 39 Edward 3. And so shall any foraign King be sued here by his Title , otherwise the writ shall abate , for observe the person of a foraign King shall be here impleaded for debt , or trespass of life , so an Ambassadour . Pardon this digression and now we return to Scotland . The King grants a Commissi●n to certain persons , to see conditions performed by the Popish Lords in reference of their obedience to the Church , and for them also , to subscribe to conditions for peace and quietness to the King and Country , under caution of 20000. And in particular for Huntley to be advised by some Lords assigned , to counsel him especially concerning the Kings service . But to prevent the Kings publick intentions , comes over from foraign parts , one Iames Gourdon , with designes of Treason , and to deterr Huntley from subscribing , against him was publisht a Proclamation , and a thousand Crowns to apprehend him . At which time , there was discovered a practi●e of surprizeing the Isle of Elsay in the West Seas for receiving forces resolved upon by the Spaniard to be sent thither . The contriv●r of this design was Barklay the Laird of Ladyland who had escaped out of Glascow prison last year , and now returned from Spain , and was secretly gotten to this Isle , being . a high rock four miles compass , and thereon an invincible Tower somewhat ruinate of difficult access which he meant to victual . But was sodainly surprized by one Knox , who landing on the shore , Barklay was walking down the Hill to take view of the Company ; not mistrusting to be known . And finding that he was thus betrayed , ran into the sea and drownded himself . The news whereof comming to the Popish Lords , made them the sooner conform ; which they did forthwith . The King thus inabled to command , ordains several Commissioners to reduce such families in the North , that were in fewds , particularly these between Huntley and Murray as you have heard ; Huntley and Forbes ; Arrol and Ladwhern , Drum & Frendraught ; men of considerable fortunes and fewds , so that the North was cleared and quiet . And now the King reminds the late behaviour of the Malapart Minister , Blake who was couvented before Commissioners at Saint Andrews his Church concerning his Treasonable speeches in his former Sermon , whereof he had been convicted before the Council , and was now further accused , as wondrous factious , and so condemned , and turn'd out of all . And thus visitations being made through all Churches and Presbyteries a strange reformation followed , both there and in the University , and not only Inquisition of their Doctrines and behaviour therein , but also concerning the Managment , of Lectures , Offices , Revenues , Rents , all out of order , untill this blessed way of altering all , for good . But more especially , in the Colledges , in place of divinity Readings ; Politick questions were raised ; whether the Election or succession of Kings , were the better Government . How farr the regall power extended ▪ whether Kings may not be censured for abusing the same and deposed by the people . The King therefore prescribes the professors their Theam ; The first Master , to read the common places to the Students , with the Law and History of the Bible . The second Master , to read the New Testament . The third , the Prophets , Ec●lesiastes and Canticles . The fourth , the Hebrew Grammer , with the Psalms , Proverbs , and the book of Iob. A Council appointed for the Universitie , and that for their better improvement and studies ; the Doctors , Professors , and Regents , not being pastors should be exempted from Church-meetings , Sessions , Presbyteries , and Assemblies , these Orders and Articles , assented and sworn unto in presence of the King. And being Northward , where pittifull ignorance possesses the common people . Amongst many , one Margeret Attkin , apprehended upon suspition of witchcraft , and threatned with Torture , confessed her trade , and discovering her associates , to purge the Country of all , if she might have but pardon , she gave her reason to be assured of their guilt , all of that sort having a secret mark in their eyes , by which she could certainly discover them , to be witches , and had by deceipt ( the Devil also assisting ( gotten credit and belief , and so carried through the Country for discovery of others , and divers innocent women by her asseveration at Glasgow ( through the ignorant simplicitie of Master Iohn Cooper Minister , ) were put to death . But some , wiser than the rest , altered the women , into other habits , whom she would then acquit , and so she was sent back to Fife her first aboad , and then hanged . But belying her self , in what she had confessed , she was by some supposed not guilty , and the King was moved to recall the Commission which authorized proceedings against such seducers . And yet the fearfull abounding of these detestable slaves to the Divel , moved the King to dispatch hastily a Treatise to the press of Doemonologie in form of a Dialogue , and devided into three books . 1. The discription of Magi in special . 2. The discription of sorceries and witch●raft in special . 3. The discription of all these kind of spirits , that trouble men or women , and the conclusion . Against the damnable opinions of two , principally , in that age . One Scot , an English man , who denies in print , such a thing as witchcraft ; and so maintains the old error of the Saduces , in , denying of spirits . The other , of Wierus , a Germain Physitian in his publick Apologie for all witchcraft ; discovering thereby , himself to have been one of them . The Kings indeavour is to prove two things . That there have been , and are such devilish Arts , and secondly what exact tryal and severe punishment they merit . And reasoning upon Genus , he leaves species & differentia to be comprehended therein , for example ; In the first book Chap. 6. ( speaking of the power of Magicians . ) He saies , that they can suddenly by their spirits , cause to be brought , all kinds of delicacies , since as a thief he delights to steal , and as a spirit subtilly transports them , under which Genus , all particulars may be comprehended ; as bringing wine out of a wall , &c. proved by reasons of the general . In the second book● Chap. 5 That witches can cure or cast on diseases ; the same reason , that proves their power by the Divel of diseases in general , their power in special is also proved ; as weakning the nature of some men towards women , In others , to abound above nature , and so of particular sicknesses . But in all , he observes the different ends of God , in the first cause , and the Divel as his instrument in the second cause , as Gods Hangman . For where the divels intention , is to perish in the patient soul , or Body , or both ; God , by the contrary , draws evermore out of that evil , glory to himself ; either by destruction of the wicked , or tryal of the patient , and amendment of the faithfull , being awakened by that rod of correction . But , who likes to be too curious , of all their Practises , read but Bodinus Daemonomancie , collected with greater diligence than Judgment . And further , if you would be acquaiuted with the opinions of the Ancients concerning their power , It is well described by Hyperius and Hemmingius , two Germain Authors . Besides , many other Neoterick Theologues , largely setting down that subject . And if , curious and inquisitive , of the rites of this unnecessary Perilous black-art ; the Divel may too soon , direct any , unto Cornelius Agrippa , and Wierus afore mentioned . I know , how it hath been of late urged , that King Iames was not of the same mind alwaies ; and very tender of his Judges ●roceedings , ignorantly condemning some innocent Melancholly simple old women ; whose miserable poverties , made them weary of life , and easily to confess themselves guilty , of they knew not what , though in sad condition , otherwise ; liable to Satans suggestions and deceipt . And so busied himself with curious perspicuity , into tryal examination and discovery of sundry counterfeits , pretenders to be possessed by evill spirits . But yet , to my knowledg , he was ever constant to his former opinion , of witches and witchcraft , in particulars I can evidence . The King thus busied to quiet the North Countries , some Incursions were made on the Marches of each Nation , the out-lodgers of Tindale & Riddesdale for the English made in rodes upon the Scots County of Liddesdale . The Laird Backlugh commander of those parts , does the like into England , and apprehending the chief mischief-makers 36 , puts them all to the sword , and returns with great spoil . Against him is Sir William Bowes sent from the Queen to complain , and with much adoe reconciled . And for the future peace of the Borders , the time was assigned for Hostages to be delivered on each side to either . But Backlugh fayling to perform his part , was feign to satisfie the Queens displeasure by entering himself into England , as Hostage , where he continued some Mo●●ths . Queen Elizabeth evermore upon actions of diversion ( never upon conquest ) to assist her neighbours , French and Netherlands , prepares another Navy against Spain of 120 sail under command of Essex , and Lord Thomas Howard , and Sir Walter Ralegh in three sqadrons . they set out of Plymouth , but are weather beaten back , and put forth again ; but become distressed , ere they get cleer of land ; and so return . And after fresh supply of men and victual , they resolve for the Islands of Azores . In the voyage by the way cross winds seperate Ralegh , who being missed when the others came there . Essex overhastily sent intelligence by a Bark into England ; that Ralegh had on purpose , seperated himself from the fleet . But he , hastily coming in , unto them ; that rash act of complaint , was excused by Essex , which Ralegh resented ever after . And he landing on the Isle of Fiall before Essex came thither , takes the Town , which being misunderstood , as in dispite of Authority , they are peiced again . They land upon Gratiosa , and Flores , take the spoil , and depa●● unto other Ilands , to seek the Spanish India fleet , which was then to come home . And no sooner departed , but within two houres after the whole fleet of 40 sail , full of treasure arrives there , and meets with some of the English ships . But ere Essex came in , they were shrowded under the safety and shot of their own Castles . Yet Essex lands farther off and takes Villa Franka , burns a great Carocque ship . But not much done in answer to Essex his ranting intentions , they return , in some distress by the way , home . And being come to Court , the Repetition of their several incounters moved contention between Essex and Ralegh , casting all misfortunes on each other . Besides Essex now blown up with ambition , was offended , that Sir Robert Cacil in his absence was made Secretary of State , and Chancellor of the Dutchie of Lancaster , emulous of his wisdom , and besides , he was then Raleghs great friend . But more malitious , That the Lord Howard Admiral of England , was created Earl of Nottingham ; with some Testimonialls mentioned in his Patent , That he had secured England from the Spanish invasion of 88 , and that ( joyntly ●ith Essex ) he had valiantly taken the Iland and City of Cadiz , and that he had there wholly destroyed the Spanish fleet , designed for their assault of the Kingdom of England , but Essex would have it fancied , he did all himself . For he that usually ascribed , all the glory to himself , could indure no Rivalls ; especially , that Nottingham , now Earl took place of him , and all others of the same degree , as being Admiral , according to the Statute of Henry the 8. That the high Chamberlain , high Constable , Marshal , Admiral ; high Steward ; and Chamberlain should have prehemin●nce of all others of the same degree of Honor. But to please Essex , He is therefore made Marshal of England , and so his pride took place of the Admiral . This I note in particular , to shew , by what steps and degrees of distast , He took occasion to turn Traytor not long after . See Anno 1600 and so we return to Scotland . The winter quarter brought the Estates to Edenburgh , and the King timely holds a Parliament in some respects for restoring the Popish Lords ( now called Proselytes ) to their honors and lands . And the Commissioners for the Ministery are suiters for sundry Articles . Amongst them this was one . That the Ministers representing the Church and third estate of the Kingdom might be admitted voice in Parliament , according to several acts here to fo●● in favour of the Church , and the libertie , and freedom . The King was earnest therein to please them , and had it past . But then obtained the manner as for himself ; thus . That such Pastors and Ministers as his Majesty should please to provide to the Place and Dignity of a Bishop , Abbot , or other Prelate at any time shall have voice in Parliament , as freely as any other Ecclesiastical Prelate had at any time by-past . And that all Bishopricks then in his Majesties hands and undisponed to any person , or which should happen to fall void hereafter , should be only disponed to actua ! Preachers and Ministers in the Church , or to such other persons as should be found apt and qualified to use and exercise the Office of a Preacher or Minister ; and who in their provisions to the said Bishopricks should accept in , and upon them , to be actual Pastors and Ministers , and according thereto should practise and exercise the same . But the Office of them in the spiritual Policy and Government of the Church was remitted to his Majesty and to the general Assembly ; and so hereby occasion was soon taken to assemble at Dundee . And first advises them to consider , Whether it was lawfull and expedient that the Ministers as representing the whole Church within the Realm should have Voice in Parliament or not ? It was concluded for them , They might ; as also in other meetings of the Estate , and very expedient to have some of them always present to give Voice in the name of the Church . The number of them was agreed upon to be one and ●ifty persons , ( as of old in the Papistical Church . But then , who should elect those to have voice ? They were pleased with much ado to grant . It did appertain , partly to his Majesty , and partly to the Church , and so it came to after consideration . De modo eligendi : whether ad vitam . What their Title ? with caution to preserve them from corruption ? What their Rents and Revenues ? with a number more such circumstances are recommended to their Presbyteries to consider , and so to certifie his Majesty . And because it was time for the Kings grace and favour to remit to mercy the Edenburgh Ministers , such as of late were silenced , to suffer them now to preach again , but with such articles and conditions as bound up their better manners to the Kings turn , not their own old tunes in the Pulpit . Nor were they safe as they thought they should be , till the King was pleased to declare , That he did freely remit their former offences , in hope that they would hereafter deserve it . And so were all persons concerned in the late Tumult and all others in honour to the King and charity to their brethren concluded and contented . But Mr. Iohn Davidson a malitious man , he being behinde hand of preferment , protested against the Assembly , as not free , but over-awed by the King. And when he had put his Spoke into the Wheel slip● aside , but left it in motion with more ado than was meet to make such a stir . Mr. Robert Bruce a Preacher there for ten years , yet never received Ordination to the Ministery , pretending the approbation of the general Assembly equivalent , if not more sufficient . He was told , that the Approbation which he had , was only a Licence to preach , but now to receive the Office , it was necessary thereto , Imposition of Hands . No , though he was instructed , that the Ordination was not to question his former Calling , but to confirm it ; nor would that serve , unless he had a Declaration to him thereof set down in writing . A whole fourteenight was wasted to make the form , to please him , and others that sided for him , and his day of admission came . Mr. Robert Pont in the Pulpit signified their business , and being come down to assist the work . Bruce was got up in his place , railed against all the acts of the Commissioners , and with his Tongue raised such a Tumult of the Commons , that the poor Ministers appointed to administer Ordination were in fear to be stoned by the people , and so got away , and nothing done . Upon this this the King commands the Commissioners to cite Bruce , and censure him . He did appear , but excused himself , and laid the fault on the peoples affection to him ; and being afraid what would be the issue , pain of deprivation , gave obedience , and accepted his Admission , with Imposition of the Hands of two Ministers . Here was seen his perverse pride and wilfulness , which fools referred to his true zeal . And this good conclusion of the general matters of the Church gave like success to the conference at Falkland , determining their Votes in Parliament , concluding the manner of his Election , who was to have Vote in Parliament , that the Church should name for each Prelacy six , whereout the King should chuse one . That the nomination of them should be made by the general Assembly . And his Rent provided out of the Prelacy , whereunto he is preferred . With such cautions to preserve him , as was not to be feared he could transgress his bounds , or be deposed ipso facto ; but his Title should be called Commissioner for such a place , &c. Indeed , some of the Articles of Caution were ridiculous and absurd to be performed , but such was the Kings wisdom to consent to all their conceits , knowing that in time the benefit and good use of this Government would appear , which he purposed ( says one ) to have established , or rather , to permit those inconveniences , until weight of their own sufferings should betake themselves to abler conclusions . The King having greater Councils of more importance to him , next to the settlement of the Church , and not till then proper for him to ascertain . Queen Elizaheth was grown old and weak in body , nor well in minde , and it concerned him to establish to himself , such affectionate Princes in whose relations he might finde aid and assistance when time served . To that end he considers of Ambassadours , David Bishop of Aberdeen , and Sir Peter Y●ung Almoner , men of great abilities and learning . They had in Commission to inform the free Princes of the Religion in Germany , his Majesties Right and Title to the Crown of England , and to assure to them his singular care and endeavour now and always to conserve amity with them all ; Not that he minded injury to the Queen , whom he had just cause to honour as his Mother , and to wish and pray for many days to lengthen out her ample years ; but yet to strengthen himself against foul pretenders he craves their consideration , and to be pleased in common Ambassage to intreat the Queen as their best advice , to declare ( in her own good time ) the right Successor , for preventing plots and practices of her and his Enemies , &c. They had command to turn out of the way , and to take Letters commendatory of the King of Denmark his Brother-in-Law unto each of those Princes , which were Udalrick Duke of Megleburgh , Maurice Lantgrave of Hesse , Frederick Duke of Saxony and Administrator of the Electorite , Henry Duke of Brunswick , Iohn Adolph Duke of Gleswick , and Ioakim Marques of Brandenburgh . To each of these single made their Journey tedious , difficult , and took up much time , a whole year . Then they return with their Answers , in substance alike . That albeit his Majesties right was well known to them , they did esteem it an Act of great wisdom in him , to acquaint his Friends and Allies with the Exceptions which some may presume to take to his just Title , that so , when occasion required , nothing might be amiss for them to do for him within their power . But to move the Queen to name her Successor , they excused themselves therein , as more dangerous to him than usefull to his intent , lest it might less promove the business , and offend her . Always ( each of them ) would advise , but counsel together with the Confederates and Allies of either , and in the close follow that course which was most likely for his benefit . And at their return , December 24. Queen Ann was brought to bed of the second Daughter , and Christened Margaret . The Earl of Montross , made Chancellour , with the Lord Hamilton and Earl Huntley were God-fathers , and these two created Marquesses . And to minde men of Gods providence in their Declinations as well as Creations , we may not forget to historize the Deaths , as we have done the Lives of worthy men ; Iohn Lindsey Secretary of State , of a Noble Family , exquisitely learned , held worthy of his Judicature in the Senate , wise and virtuous , he pined away with the grief of the Stone . David Carnegy of Colluthy , peaceable and sober , of good credit with the King , and his Counsellour , for his excellent knowledg in Civil affairs . Thomas Buchanan , sometimes a Schoolmaster , I name him with distinction from that other his Kinsman ( whose Life and Death we have heretofore mentioned ) this man died Provost of Kirkheneh , learned and prudent , though a strong stickler for the Kirks rights , and died of good age . David Fergusus of Dunferling , a good Preacher , a sanguine pleasant condition , and thereby the more regarded of the Court and Countrey . But Robert Rollock , most of all beloved , and the more now lamented , because his conscience could not conceal from his brethren , of what their conscience was so much guilty ; and therefore as a dying man , besought them to carry themselves more dutifull to the King , lamenting to be so ill used by most of their Members . His learned Works scattered into Pamphlets , the more pity so dispersed , and not in Volume , preserve him learned to all posterity . France was persecuted by the Spaniards in Picardy , who take the strong Town of Amiens , and therefore were sent over out of England four thousand Souldiers to his succour , and so retakes it again . But the fate of War interchangeable to either , with loss to both , inclines them to Peace , by intercession of the Pope , interessing also the Queen , who sends over Secretary Cecil , and Wilks Master of Requests ; and the Netherlands send Nassaw and Barnevelt ; for all were included : but the States ( gaining by Trade , whilest their Neighbours fight ) dehorted the Queen under-hand , against any Peace . Much altercation there was by the French to introduce England into the accord ; ( for Spain now involved with the French , being but quit there , intended revenge on England , and be able to do it : ) and so their Delegates meet at Vervin , where the French dispute place with Spain . The French state their Precedency from the Sentence of Pope Pius quartus ; the Spanish deny that , and urge besides a point of civility , that now they were Guests invited into a Town of France , and so the French yielded , out of respect to that and to the Popes Legates : but after much travel therein , the Legate ( extraordinary for the Pope ) sits at the upper end , the Nuncio ( the Popes Lieger ) is placed on the right hand ; the choice was given to the French , either to have the right hand next the Nuncio , or the left next the Legate : the French accepted the left hand , and the Spaniard was content with the right , though the second man. Indeed , the King of Spain had delegated his Authority over to the Arch-Duke , whose Ambassadour in truth was here , on purpose to avoid the issue of contention , which rather than to submit , was worse to him than a War : and thus was the Charters of Delegation drawn up onely between them , so advantagious to France in the sequel , that he became stiled Henry 4. le grand . And the Queen and Estates having offers of Treaty with Spain , she consults thereon , and it became work it self for History ; the disputes pro & con : The wise States-men of the Gown were for Peace , Essex for War , Burleigh reacht him Davids Psalms , and had so stretched the opening of the Book , that ten to one he should light on this Verse , Bloud-thirsty men shall not live out half their days . Upon this , there happened contention between the Queen and Essex ; and about sending one in chief for the affairs of Ireland ; in the presence of some of the Council and Cecil she named William Knowls , the Earls Uncle ; He in scorn bid her take Carew , ( indeed expecting his own mighty merits must needs be intreated ) and in contempt turns his tail to her ; she in disdain gave him a box on the ear , bid him be gone with a vengeance . He in passion , claps his hands on his Hilt , and vows not to put it up , and in chafe gets out of the Court : and being admonished of his duty by the Lord Keeper who was present , he answers very boldly by Letters , and more unadvised and unhandsom , gives them to his Captains to d●vulge . They contained thus much . That a weak Prince rageth like the Tempest . He knows his observance as a Subject , but withall , what to do as an Earl and Lord Marshal , and can distinguish Service and Slavery ; It is a Wound that smarts ; and it were a sin to serve after such Disgrace . Cannot Princes err ? injure Subjects ? Is their Power infinite ? For my own part , I am rent in pieces with Injuries , and have long enough endured the bitter●ess thereof . This was enough to set out his inside , which the Queen observed , and lodged it for hereafter , having for the present some use of his followers , who indeed egged him forward to his future ruine . But after this digression , we minde the occasion , and though no peace with Spain , the Queen makes sure with the Netherlands in a new League , and agreements of addition to the former , ( See before Anno 1585. ) viz. to pay her in all eight hundred thousand pounds sterling , ( if the War lasted so long ) thirty thousand pound yearly , till they had paid four hundred thousand pounds ; but if the Peace should conclude by the Queen and Spaniard , then to pay twenty thousand pounds yearly , till they had paid eight hundred thousand pounds , with other covenants . But the death of Philip 2. King of Spain , gave breath to them both , for he left his Netherlands in Dowry with his Daughter Isabel , married at this time to Albert , Cardinal of Austria , who returns his Cap to the Pope , and receives his consecrated Sword , to conquer wherever he comes , and so hasts into Spain . There was a fellow , one Squire , taken at sea , and carried Prisoner into Spain , and by extremity of the Inquisition , turns Papist , and for trial of his new Profession , Walpool a Iesuite teaches him to compound a Poyson , with which , if but anointing the Queens Saddle-pummel , and she touch it , she should be infected ; and for this villany he should be sure of salvation . He came now and put his Poyson in practice , which she touched , but took not effect ; so did he to the Chairs of Essex , which proved alike . Walpool in Spain wondring at Squires neglect ( as he thought ) in very vengeance sends over one that accused Squire , who confessed , and was hanged . These and many other treacheries worrying the Iesuits with no success , scattered some tales that King Iames favoured Papists , and despised the Queen , who had sight of some Letters , ( in truth ) indited by the villany of his Secretary Elphingston , and the Kings hand counterfeit , and Seal to the same ; and seeming to confirm it , they had hired a notorious Villain in England one Tomas , condemned for Theft , and to unburthen his conscience , pretends to reveal a secret , and accuse the King in some generals , but never revealed any , yet was the wretch reprieved ; and though her wisdom knew well the malice and cunning contrivance of these Plots , to clear her belief , she sends Bows Ambassadour to the King , and by Queries she examples her affection to him , before any other , and expects no retribution , but by him , the glory of God , and not be wanting to himself . The King knew no better means to suppress the credit of false rumours , than by his own pious practice in Religion , by outward frequency in the exercises of Prayer and Preaching ; duly performing and executing his Justice and Mercy , with such wisdom , and piety , as made his virtues thereby more transparent to the common view and sense of all men . He wisely gave way to divers Books , publishing his right of Succession to the Crown of England , with Arguments and Reasons of the benefit and advantage to the people of both Nations ; that in pious policie , his intentions would be hereafter to force Ireland to Religion , and to continue War with Spain . He numbers his then princely issue as the defence of State , his power and strength to oppose Enemies , the good affections to him of Christian Princes , and proposes miserable Examples of Usurpers . Whilest Bows was about his business at Court , he findes an Englishman ( Ashfield ) bold enough to bid himself welcom , besides his merit , for his brave Present , some hunting Horses for the Kings Saddle ; but in his journey ( it seems ) over-saucy with the English Warden , or rather suspected as a Spy , to carry Tales to the King : however Bows had direction to teach him the Ambassadours craft , and enticing him by his servants to Lieth , was in his drink coached away to Barwick . The King takes this indignity , offered , to himself , secures the Ambassadors lodgings ; and se nds to Barwick for release of the Prisoner . The Governour excuses that demand , not to demit him without the Queens pleasure . And so disputes grew high with the Ambassadour , as injurious to the honor of both Crownes ; which he denied , and turn'd the fact upon his men , without his knowledge ; but this was Mentiendi facultate , and the King not vouchsafing him any more Audience , he departed much discontent . Sundry disputes were sawcily maintained , concerning the Kings Title to the Crown of England . Besides the discourses oppugning , Amongst many , Iohn Colvil Minister published his Recantation in print , and stiled , the Palionode of John Colvil , &c. wherein having confuted the contrary reasons , he professed , That Malitiously in time of exile ( as you have heard ) he had penned the Treatise , which now out of conscience he recants . Some say , that he was not Author of that book which he appugned , only to get favour of the King he professed the work , that had come forth without a name , and was then accounted a Pithy and perswasive cunning discourse , of that subject . At this time was published the K. Basilicon Doron , directed to the Prince , upon this occasion , Sir Iames Semple , servant to the K. and Amanuensis therein , lent the copie to Andrew Melvil Minister ; who misliking so much ruth , which touched the Ministers copie-hold in their discipline ; tdispersed several transcriptions amongst the Brethren ; and thereupon a Libell was framed , and cast in before the Synod of Saint Andrews ; with such exceptions , as they pleased to set down . It was asked what censure should be inflicted upon him that had given such instructions to the Prince , and whether he could be well affected to Religion , that had delivered such precepts of Government ? The Kings Commissioners in the Synod ( apprehending the Libell to concern his Majesty , whom they knew to be the Author of the book , ) inquired for the Presenters . And all pretending ignorance , the Commissioners shut the doors , and purged each one by oath ; yet was it prooved the next day to be Iohn Dikes , Minister ; who , in fear of the Citation before the Council , fled , and was denounced Rebell . And Hereupon , rumors were hatched , how prejudicial these directions were to the Church . But to satisfie the truth , the Book came abroad , and was carried into England , with admiration of all men , to read the Kings piety and wisdom , Heretofore somewhat doubted , by the deceipt of certain discourses which now were sure to be replied unto , and evermore somewhat of Consequence , for the Kings just title to the Crown of England . By which , and his continual disputes , and reasoning with learned men of all knowledg , He in truth soon became royally famed through Christendom , and more effectual with her , whom he was to succeed . Her self grown very studious and retired , and because she excelled in languages , she translates out of French , and Latine , Salust , and Horace , which she writ with her own hand , and extant . And in this general Assembly of the Church , a politick Ordinance was published ; To have the next year begin at the Calends of Ianuary , and from thenceforth for ever . For before that time , the year was reckoned , as in some other Churches , from the 25. of March. And now , disposing votes , for the Ministry in Parliament , I shall close up the yeer with the pitifull discovery of the State of Bishopricks , and how farr this godly Kirk had incroched upon them ; So that , there rested no more , but to Nominate perons to the Bishopricks , that were voyd . Aberdeen and Arguile had their own Incumbents , at the time , both actuall Preachers . Saint Andrews and Glascow , were in the hands of the Duke of Lenox . Murray was possessed by the Lord Spinie . Orkney , by the Earl of Orkney . Dunkeld , Birchen and Dumblane , had their own titulars , but were not ordinary Preachers . Galloway and the Isles , so dilapidated as scarce to be remembred that ever they had been . Ross , and Cathnes , some provision were left . And so we return to England . The Queen much perplexed , the Irish Rebellion mightily increasing , and that Nation in lamentable condition by Ter-oen ( or Tyrone ) and others , though but lately broken out , and how to quench that fire , was her and her whole Councils continual care . And therefore , they consider of present forces , to be sent over , extraordinary , under command of a Generalis s●mo , for that expedition . And after some debate , the Earl of Essex was markt out by the Queen , to that purpose , though Secretary Caecil hated him to the death . His wit made him equal , to mate the others greatness , and never left , untill he brought him to the Block , with the weight also of his own wicked desert . Give me leave to let in the Reader with some reasons why and how Essex and Caecil , whom Authors make Antagonists , had several interests in one design of envy . Queen Elizabeth was ever shy of her Successor ; and these two families were equal in power and affection in Court , enjoying Her present favour , but looking to the future , in the Queens declension . And in several held correspondence with some of the principal in Scotland ( if not with the King ) which had she known , might have cost their heads . Secretary Caecil had the safer conveyance in disposing all publick addre●●es of State , and was in hazard to have forfeited his honesty , if not his head , but his ready wit served the turn . The Queen taking ayre upon Greenwich-heath , a post came thither to Caecil from Scotland ; she hastily commanded the Packet , which he , with much diligence to obey , s●ept neer her person , telling her it smelt , and looked il-favouredly , coming out of a filthy Budget , and that it were fit to be ayred . She being averse from ill sents , bid him do so , and so he gained time to sever what he would not have her to see . The Earls accident of the same Nature , had more cost and difficulty in the redress . He entertained a domestick , Master Anthony Bacon , of a quick wit ; by whom , the Scotish intelligence was managed ; which dangerous secret , he acted for reward . And upon that score , had private invitation , to amend his fortune with Caecil . Of which he makes use , and , as a mercenary man , revealed it to his Master , who knew well enough , it behoved him to out-bid Caecil , and sodainly gave him Essex house ; which was disingaged for 2500l , besides another sum before , of 1500l , so in all we may guess it , costly counsel . About this time , There was a treasonable Assassination , acted upon the King by Iohn Ruthen Earl of Gowry , and commonly called Gowries conspiracie . The principal Actors , The Earl and his brother Alexander Ruthen , Andrew Henderson , and Iohn Cranstone . The conspirators were Robert Logain Laird of Restalrigge , the Laird of Bour , and Georg Sprot , the last were discovered afterwards , and Sprot executed eight years after . And because Gowry had insinuated himself into the faction of the ministery , presuming on their wonted way of countenancing all mutinous designes , These men in malice to their Sovereign , who kept them under with Bitt and Bridle , began to quarrel at the publick declarations herein , till the Conspiracie was examined and witnessed by their worships . Their but infection hath impoysoned others , who wilfully and maliciously , have now , very lately spit their venome in print ; as if the world had been ( more than these half hundred years last past ) abused , with a false and feigned story . We therefore , In perpetuam rei memoriam , have endeavoured the truth , From such information and printed Narratives , as we may with confidence satisfie the most suspicious . The name Ruthen in Scotland was not notorious , till Anno 1568 ; when the chief of that familie , amongst other confederates in those divided times of trouble , laboured the imprisoning the Kings Mother , Queen Mary . In 1582 his son William , was created Earl Gowry , in the Kiugs minority ; and two years after fel into actual Rebellion at Dundee , for which he suffered at Sterlin , anno 1584. His eldest son Iohn , not long after , was restored in blood , and had leave to travel beyond seas . I have a Manuscript which saies , that in Padoua amongst other impressa's , in a fencing school , he caused a hand and sword aiming at a Crown , for his device . And the Earl of Arguile ( this mans father 1552 ) told the King , that in a house at Orleans in France ( where Gowry had been lodged ) he found a prophecie , That he should with too much love , fall into melancholy , have great power and rule , and die by the sword . And thereafter his return home , he was extraordinary ambitious , proud and haughty . His answer shew'd no less unto Collonal Stuart , a man of high esteem , who humbly desiring , to be reconciled for acting as a minister of justice in apprehending his father ; He scornfully answered , Aquila non capit Muscas . Himself , too big in his own thoughts , to be comprehended with Court observance , retired to his familie , accompanied with such of his Creatures , that could descend to observe him , only his brother Alexander was designed to play the Courtier , to take off the suspition , being of the Kings Bedchamber . And although divers overtures were conceived between the Earl and Robert Logain of Restalrig which took not effect ; But at last it was resolved in this manner . The Earl sends his Brother Alexander from Saint Iohnstons his house , to the King at Faulkland , to intice him thither with as much privacie as could be . And overnight the 4. day of August 1600. commands one of his servants , Andrew Henderson , to ride with his brother Alexander , and one Andrew Ruthen , to Faulkland to the Court the next morning by 7. a clock . The King putting his foot in the stirrop to hunt , Alexander tels him That he had apprehended one lately come from beyond seas , with much gold coyn , and sundry suspicious letters to Popish Lords ; advising his Majesty to receive the mony and letters , and to examine the person , being in safety with his Brother at Saint Iohnstons ( but 10. miles ) and this to be done speedily and privately ; which was concluded at Noon , whilst his train and attendants should be at dinner . Alexander Immediately commands Henderson to speed to his Brother ; finding him in his Chamber , where they had communication , and that the King would be there by Noon , and that the business took well with the King , for he clipt him about the neck ; that he was accompanied with a slender Train , the Duke of Lenox , Sir Thomas Erskin , and about a dozen persons . Well saies the Earl , get on your plate sleeves , for I must take an highland robber . The King staying longer in his sport of hunting than was expected , the Earl at middle of dinner ; Andrew Ruthen came in hast , and signified the King to be nerer at hand ; presently after came Alexander and William Bloire , and withdrew themselves to consult , sending Henderson for the Earls Gantlet and steel Bonnet ; at the instant the King comes in , is received by the Earl , and retires to dinner . Alexander bids Henderson to fetch the keys of the Chambers from one William Rynde ; and presently after Cranston requires Henderson to come to the Earl ; who commanded him to attend his brother Alexander , and to doe what ere he bid him ; which was , to be locked up within the round Chamber , and to stay in silence , till his return . Neer the end of dinner , the King at his fruit , and the Lords and wayters gone to eat , Alexander beggs of his Majesty , in this opportunity to withdraw , and to dispatch the business . And up he leads Him through four or five roomes , locking each dore behind them , til they came into the round Chamber where Henderson stood armed . No sooner entered , but Alexander pulls out Hendersons dagger , held it to the Kings brest , claps on his Bonnet , and with stern countenance faces the King and saies , Now Sir you must know I had a father , whose blood calls for revenge , & you shall die , minting to the K. heart with the dagger . The King amazed , deals gently with his fury ; excuses himself from the guilt of his death , by his then Infancie ; advising him , not to lay violent hands on the sacred person of his Annoynted Soveraign ; especially in a cause of his innocencie ; pleading the lawes of God and Man ; and his merits , by restoring your brother in blood and honors ; by breeding your Sister the neerest in the Queens affection , and by his reception of his Bedchamber , withall promising pardon of all that is past . And which wrought so much upon Alexander for the present , that he leaves the King in custody of Henderson , until he returns from his brother ; having taken oath of the King not to stir , nor cry out , and so locks them in . Alexander gone , Henderson trembles , with reverence of his Soveraign , and craves pardon ; the King works upon his passion , and asks him what he was ? who answered , a servant of the Earls ; and wilt thou kill me ? he replyed with an oath , himself would sooner die . Presently Alexander enters , with a Garter in his hand , and saies , Sir , there is no remedy , by God you must dye , and strives to bind him . Nay ( saies the King ) I was born free and will not be bound , and struggling together , Alexander got the Kings head under his arm , and his hand upon his mouth ; which the King bit by the thumb , and dragging him to the window , bade Henderson open it . The King cried out into a back Court , where the Duke , the Earl of Mar , and others were , in pursute of him who was rumoured to be gone out the back way into the Park . At the cry of Treason , and known to be the King , they hastened to the Chamber where he dined , but no entrance was found . The while , Iohn Ramsey ( formerly the Kings Page , and now Groom of the Bed-chamber ) with Sir Thomas Erskin also , sought counter , to get up by the Turn-Pike back-stairs , directed thither by a Boy of the House , who saw Alexander ascend that way , and forcing one Door findes them panting . Ramsey casts off his Hawk from his fist , draws out his Fauchion , and wounds him deadly in the belly , ( being bid to strike low , for the King found him armed with a Male. ) And the instant , comes in Sir Thomas Erskin , Doctor Herres , and one Wilson , and by them was the body dispatcht , whilest Henderson slipt away . When they soon suspected by the noise of unlocking Doors , that Gowry himself might assail them , advising the King to withdraw into the Lobby , they cast the Kings Coat upon the dead body . The Earl enters by his double Keys with seven servants the fore-way , and his Case of Rapiers , his usual Weapon , ready drawn , to whom Erskin earnestly said , ( to divert him from his purpose ) What do you mean my Lord ? The King is killed , and points to his brothers covered body , bleeding on the ground . At which Gowry stops , sinking the points of his weapons ; when suddenly Herres assails him with his rusty sword ; Ramsey steps in and strikes him to the heart , not so soon , but that the Earl thrust him into the thigh , assisted by Cranston , who hurt Erskin and Herres in the hand , and they him through his body , who lived onely long enough to be hanged and quartered . And forthwith came up all the Lords , the Court , and Townsmen , After thanks to God for this mercy , they surveyed Gowries body , which did not bleed , untill a Parchment was taken out of his bosom with Characters , and these Letters , which put together made TETRAGRAMMATON ; having been told , His Bloud should not spill , whilest he had that Spell . Being thus deceived by the Devil , he thought he should not die , untill he had power and rule , which he had of the King , and so suffered by the Sword. There remained in Scotland one younger son ( two other brothers being fled ) of that House , then a childe , and was from that time imprisoned by Act of Parliament , and so continued afterwards in the Tower of London untill this Kings death ; and the grace of the late King Charls restored him to liberty , with a small Pension , which kept him like a Gentleman to these times , but now failing , he walks the streets poor , but well experienced in Chymical Physick , and in other parts of Learning , which he got , whilest he lost his liberty . Not long after Herres well rewarded dies . Ramsey hath the honour of Knighthood , with additional bearing of his Coat of Arms , A Hand holding forth a Dagger , mounted proper , peircing a bloudy Heart , the point crowned Emperial , with this Motto . Haec dextra vindex Principis & Patriae . Not without increase of Wealth and Honour , to his Death . Sir Thomas Erskin afterwards created Earl of Kelly , and by degrees Knight of the Gart●r , Captain of the Kings Guard , and Groom of the Stool . Henderson had a large Pension confirmed by Act of Parliament , and died not long since . The Commemoration hereof was advisedly se●tled by Act of Parliament , the Anniversary Feast-day of the fifth of August , solemnized to Gods glory , during this Kings life ; and Narratives in print in Scotland and England of all these circumstances , which I have to produce ; as also several Examinations taken at Fawkland this year , viz. Iames Weyms of Bogye , William Rynde , and Andrew Henderson , the very man assigned to murder the King , whose Examination onely I thought good to insert . Fawkland , 20th August , 1600. In presence of the Lord Chancellour , Lord Treasurer , Advocate , Controuler , Sir George Hewme , and Sir Iames Methold , viz. That the Earl Gowry , at St. Iohnstons , appointed this Deponent Henderson over night to ride with his Brothers , Alexander and Andrew Ruthen to Falkland the next morn , who came all together thither at seven of the clock ; Alexander presently spake with the King in private , as he gat on hors-back , and instantly commanded this Deponent to ride with all possible speed to the Earl , whom he found at St. Iohnstons in his chamber at ten of the clock , and told him that the King would be there by noon . The Earl presently with-draws into his Cabinet , demands , How his Majesty took with his Brother ? This Deponent said , Very well , for the King clipt him about the shoulder . The Earl asked if there were many with the King , and what special persons ? He answered , The usual number , and the Duke of Lenox . And that within an hour after the Earl commanded this Deponent to put on his secret plate-sleeves , saying , He had an High-land man to take . That about one a clock the Earl being at Dinner , Andrew Ruthen came from Alexander , and whispered to the Earl , and presently after came Alexander , and William Bloir , and took the Earl from his Dinner , and sent for his Gantlet and Steel-Bonnet , and then the King came in . That Alexander bids this Deponent , fetch the Keys of the chambers from William Reynd , and so both went up the stairs ; but afterwards Thomas Cranston required this Deponent to come to the Earl , who commanded him to go up to Alexander , and immediately the Earl followed , bidding this Deponent do what ere Alexander bade him , who forthwith lockt him within the Round in the Chamber , telling him , he must stay there till he returned ; who shortly after came with the King , and opening the Door , both of them entred , and instantly Alexander clapping on his Hat pulled out this Deponents Dagger , and held it to the Kings breast , saying , Remember ye of my Fathers murther ; You shall now die for it . And minting to his Higness heart with the Dagger , this Deponent tript the same out of his hand , and believes , that if Alexander had retained the Dagger , so long as one might go six steps , he had killed the King therewith . But wanting the Dagger , the King gave him gentle language , excusing himself of Gowries death . Alexander says , Well , if you keep quiet , nothing shall a●l you , if you will do as my Brother will have of you . The King asked , What would you have ? He answered , I will bring my Brother . And having taken Oath of the King not to cry out , nor ope the Window till his return , he lockt them both together . The King asked the Deponent what he was ? who answered , A Servant of my Lords . The King said , Will your Lord kill me ? The Deponent said , ( with an Oath ) He shall die first . Alexander enters , and says , Sir , there is no remedy , by God you must die . And having a loose Garter , strove to binde the Kings , hands , who said , Nay , sall you not , I se die a free man. And this Deponent pulled the Garter from him . Then Alexander clapt his hand upon the Kings mouth , to stop his crying , and held his head under his arm . But this Deponent pulled his hand from the Kings mouth , and opened the Window , and the King cried out thereat . Whereupon the Kings Servant came running in at the Gate , and the Deponent ran and opened the Turn-Pike head , whereat Iohn Ramsey entred ; and this Deponent saw him give Alexander the blow , and then this Deponent gat away . It is remembred by the Archbishop of St. Andrews in his History , pag. 460. that he three days after , meeting Mr. William Cooper ( who had been Tutor to Alexander ) told him , that not many days before that Action , visiting the Earl at his own house , he found him reading a Book , intituled de conjurationibus adversus Principes ; shewing him , That it was a Collection of the Conspiracies made against Princes , which ( he said ) were foolishly contrived by all of them , and faulty , either in one point or other ; for he that goeth about such a business ( said he ) should not put any man on his counsel . But the Ministers refuse to give God thanks for the Kings delivery , excusing themselves , as not being acquainted with the particulars , nor how those things had fallen out . It was answered , That the Kings escape was evident . They replied , that nothing ought to be delivered in the Pulpit but that whereof the truth was known , and that all spoken there should be in faith . And so it was done onely by a narrative Relation of Bishop Ross , at the Market Cross , to the singular joy of the people . And afterwards the King and Councel , with all the Nobili●y , solemnized the Deliverance with Thanksgiving and Prayer , with great satisfaction to the multitude , Who ( as Domitian said ) seldom give credit to the Conspiracy , unless the Prince be slain . Those Ministers that refused , wer● silenced from Preaching , under pain of Death ▪ and well they deserved it ; untill afterwards , that they declared , They were resolved of the truth of Gowries Conspiracy , and submit for their former fault . And so were ordered to publish the same in sundry Churches . One of them had his reservation , He would reverence the Report ; but was not perswaded of the truth . And therefore was banished into France . The Bodies of the two Brothers were sentenced by the Parliament , hanged on a Gibbet , dismembred , and their Heads set upon the Prison-house ; and then ordained the fifth day of August in all Ages to come should be solemnly kept for Publick Prayers . The assasination of Princes , the more common , the more close , and as they were mightily performed on the persons of his Pred●cessors in Scotland , so not seldom practised on Queen Elizabeth in England , whilest she was increasing in years , but being declined through age , near her end , the le●uit Catholick considered it to be lost labour upon her , then her death gave being to another Ph●nix , as the onely Defender of the Faith. Upon him therefore they intend the like , which being known unto Ferdinando Grand Duke of Tus●any , out of the singular fame of the Kings princely virtues , he sent to him an Express , an English Gentleman Sir Henry Wotton , a Traveller in Italy , with a Dispatch ●nd Packet of Letters intercepted by the Duke , in them , a Design of certain men sent secretly to Scotland , to impoyson the King. Wotton was well rewarded , and returned with many princely expressions of the Dukes , timely intimation , and the Kings infinite obligation , and bad him say to the Duke , as from the King. That to him , it was less considerable to die than to fear . And whilest he was here 26. of February 1600. was born the Kings third son ( the second son Robert died young ) and Christened Charls , at Dunferling , a sickly weak Infant , but recovered beyond expectation , and proved all his life exceeding healthy , and by his constitution might have lived a great age , had not untimely accidents bereaved us of him . To give end to this year , we recommend to memory the Life and Death of Mr. Iohn Cragg , he had been Minister to the King , ( they will not stile themselves Chaplains ) of good fame and scale of learning ; without faction , ( which I note , as a rarity in them ) and therefore his reputation . His Parent kill'd at Flouden-field ; his means no more than poverty affords ; put him into extremities , to work out a livelihood . To England first , an ordinary Pedagogue , to a private family ; then he returns , and necessity enforcing , he becomes a Dominican , and i●●prisoned for four Tenents of Heresie , got out , and went back to England . Then to France , and thence to Rome , where Cardinal Pool prefers him to instruct Novices of the Cloister in Bononia ; and imployed their Envoy in affairs through Italy , and in Commission to the Isle Chios in the Ionick sea , to redress disorders there . Afterwards returning , he became Rector , and so access to the Library of the Inquisition , where he happened on Calvins Institutions , and by them , and the Instructions ( his own Tale ) of an old man in the Monastery , he was confirm'd a Proselyte to his Discipline , and not able to keep counsel , was carried to Rome , and by the Inquisition condemned to be burnt an Heretick . That night Pope Paul the fourth dies , the people hating his person , in huge tumult , tumbled down his Statue of Marble , dragging it about the streets for three days , and then drowned it in Tiber , and increasing villany , and power , discharged the Prisons , and amongst the rest , Cragg gat loose , first into the Suburbs , and there falling into mean company , was known by a Banditto , whom he had relieved at Bononia , who gratefully assisted him with money for the journey thither , where finding friends to fail , he took his course to Millan . Ere he got there , an accident befell him ; ( his own relation , and a Bishops record ) for declining the common Road in fear of discovery , he fell into a Forrest , weary , out of the way , and want of food , brought him to rest under a Birch , and near a Brook ; when in much amuze what to do , a Dog comes fawning with a Purse of money in his mouth , which he lays down in his lap , and whining , ( as to invite him to rise and follow him ) brought him not far off , to a poor Village , and into company , that conducted him to Vienna in Austria . There he preaches before Maximilian the second ; the fame of the man , and his good manners to boot , brought him a Preferment , when by Letters from Pope Pius the third he was demanded to Rome , as a condemned Heretick , but was dimitted to shift for himself , under conduct , from the P●pes reach . Through Germany he journeys homewards to England , where he was informed of the Scots Reformation , and so comes home an effectual Convert ; and instantly was made a Minister . Disuse of his native speech ( four and twenty years ) made him trip with his tongue ; but being understood by the learned , in his Latine , and not long after speaking Scotch , he steps into the Ministery at Holyrood-house , and so in several years to seven sundry places ; he came at last to serve the King his Houshold Chaplain ; full of age , even eighty eight ; he ended his days the last of December , ( for so of late they end their year . ) We left the Earl of Essex designed against the Rebells of Ireland , where soon he learned to practice Treason at home . His story is thus . This Earl was eldest son to Walter Devere●x ( of a N●rman family ) Viscount Hereford and Bouchier , Lord Ferrers of Chartley , and by Queen Elizabeth created Earl of Essex and Ewe , Anno 1572. and Knight of the Garter ; and was sent into Ireland , Lord Marshall , against the Rebells ; and as if but sent of an Errand , he presently falls sick and dies at Dublin , 1576. His body brought over and entombed at Carmarthen in Wales . This Robert succeeded his fathers honour , and was looked upon in Court by all with pity , through the sacrifice of his father , but by the Queen with more affection , whom she advanced ( his fortunes low ) with many gifts of grace and bounty . At his Arraignment , accounted by the Lord Treasurer Buckhurst , to be twenty thousand pounds in pure gift , besides the fees of his Offices , and the dispose of the Treasure of the Army . His entrance into Court was let in by the Earl of Leicester his supporter , though he never neither lived nor died by his discipline , who though he deserved it , was yet a better Master of Art , than to die by the Ax. He called him to Court from his House near Carmarthen , settled there to his book , in contemplation belike of his fathers fate , who had spent all , and died when fortune turned him up Trump . Leicester did this upon design , not by affection , ( the honest mans principle ) for having let in Sir Walter Ralegh a little before , he soon neglected his Patron , and set up for himself . Essex came in to allay him . And Anno 1585. receives Knighthood , in 1588. the Garter , in 89. command in chief in an Exp●dition into Portugal , which was his forwardest piece of service . In 95. sworn Counselour of State. The next year sent with a Navy to the Spanish Island Cadiz , his most fortunate ; and therefore presently after made Lord Marshall of England . In 97. he commanded in another Fleet to the Islands Tercera , which was his best ; and this last into Ireland , his worst , being the Sepulcher of his Father ( as we have said ) and the Gulf of this Lords fortune . So that in twelve years he had no rest from additions of Honours or profit , which he supposed his own Metall , but indeed it was the Queens Mint . His Contemporaries who stood in competition with him , were Sir Charls Blunt , after Earl of Devonshire , who succeeded him in Ireland , and General , Norris , both his near Friends , and yet whom he envied , the last to his ruine . But after the destruction of Norris , he takes upon him the Expedition into Ireland , the place of exercise for the best of the Militia ; and who durst oppose him ? Though Blunt stood in favour , whom she foretold , should discharge the cares of Ireland , as he did , though after her death , in this Kings time , where we shall remember him hereafter . This Blunt was a gallant Gentleman , and learned , with whom Essex must needs challenge the Duel , for wearing of the Queens favour , for his success in a Tilting , and ran him also through the arm . But Essex got the Imployment from all , and over he goes Deputy of Ireland , and General of all the Forces there , with Commission , strickt enough to imbound his popularity with the Souldiery , and his own family , which followed him in Troops ; indeed the flickering of his friends ( like so many Vice-kings ) foretold his Funeral . ( That Town is easily undermined , whose foundation is hollow . ) Besides , he left not a Friend behinde him , being fain to disperse his own Apology , for some airy objections , which it seems he durst not leave unsatisfied , having never a Friend to do it for him ; either of them a weak way to manage a mans fame , and does but multiply the discourse , which a wise man should shun . And being landed there 1599. not long after he received the Sword as Deputy and General ; He declines his intended Northern journey , and engaged a fruitless Expedition into Munster , not so counseled there , nor commanded here , nor so much as advertised home , from him . By which tedious Marches , his Army harazed and tired out , four Mone●hs of Summer spent , three parts of the Forces wasted , he plots a Peace with the Arch Rebell Tyrone . He imploys one Lee , a man familiar with Tyrone , and one that ( immediatly upon Essex his Rebellion after at London ) attempted violence on the Queen , confessed his Design , for which he was hanged . Blunt Marshall of the Army had order to licence Lee to treat with Tyrone at pleasure , as also Lee's Messenger , one Knowd , who brings word from Tyrone , That if Essex would follow Tyrones plot , he would make the Earl the best man of England , desiring conference with Essex herein , and Tyrones eldest son offered for Pledge . This Message was delivered by Knowd , to Lee , and by him to Essex . And though my Lord was charged herewith afterwards , by my Lord Keeper in England , his Lordship flatly denied it , till all their confessions condemned him , and pretended their justification by general pardon from Essex in Ireland for all Treasons . And accordingly , ( to shadow the odious overture , and to agree with so arch a Rebell , ) under colour of a Treaty , he designes an Interview with Tyrone alone ; no third person admitted , and a guard of Horse kept all men off from hearing . Considering the former Message by Knowd , what construction can this secrecie produce , but great surmize of the height of Treason ? and yet ( though Essex was not arraigned for his Irish actions , his latter in London sufficient , ) let me relate what is testified in pursuance of this , in the designes of Essex . On Tyrones part it fell out , That the very day that Essex returned to the Queen , Tyrone told Sir William Warren at Armagh , That within two or three Moneths he should see the greatest and strangest alteration that could be imagined , and that himself hoped to have a large share in England . And unto Bremingham he said , That he had promised ere long , to shew his face in England , little to the publick good thereof . Thomas Wood Confesses , That the Lord Fitz●orris in Munster , about the same time told him , That Tyrone had written to the Earl of Desmond ( so called ) that the contract was , That Essex should be King of England , Tyrone Viceroy of Ireland , and should assist him in England with 8000 Souldiers . With which agrees , the answer of Tyrone , to Mac Roories letter , That Essex had agreed to side with Tyrone , and so be ayded by them all towards the Conquest of England . The general opinion and discourse of the Rebells , That Essex was theirs , and they his , and that he would never relinquish the sword of Ireland , till he was Master of that in England . Tyrone after the parley , grew proud and secure , into strange progresses , visitations , homages of his confederates , as of a new spirit and courage . Essex , presently thereupon , having retired thoughts , became melancholly , as of doubtfull ambition , and secretly imparts himself only to the Earl of Southampton and Sir Christopher Blunt. Resolving to go into England , with 2. or 3000. choice of the Army to make good his landing at Milford Haven ; so gather power , march to London , and make his own conditions . They diswade him , from the hazard , and odiousness of the design , but rather , to draw out 200. of the most resolute , to make sure of the Court , and so to follow the effect . And accordingly over he comes ; his Company in a muze of his intents , he publisht his pretext to them , by the efficacie of his presence , to draw the Queen to confirm his Articles with Tyrone . But in great choler as to dispute , or Revenge , and without leave from England , He leaves his command to a Lieutenant , and lands with 100. Gentlemen his best confidents , hastens to Court ere it was known to any , but to his dear Uncle Sir William Knowles , Controuler of the Queens Houshold , to whom he writes . Dear Uncle , Receiving your last at my entring on shipboard , I return you this accompt at my landing , being resolved with all speed ( and our silence ) to appear in the face of my Enemies , not trusting a farr off to my own Innocencie , or to the Queens favour , with whom they have got so much power . At sight of him with amaze , the Queen swore , Gods death my Lord , what do you here , your presence hatefull , without Tyrones head ? But he , falling more to a dispute , than any excuse , she , in disdain to be taught , but what she pleased to do , bid him he gone , his boots stunck . So was he , commanded to his Chamber at Court , for some daies ; thence to the Lord Keeper , til neer Easter after ; then to his own house , under custody of Sir Richard Barckley , til the end of Trinity Term ; so by degrees of restraint , to win him to repentance , the Queen said , that he was young enough to amend . and make amends for all . Yet to repress seditious libels , dispersed in his Justification , and to observe a form of justice , ere she gave him libertie , There were associates unto her privy Council , some chosen persons of the Nobility , and judges of the Law , to examine his breaking of his instructions in Ireland , his treating with Tyrone , and leaving his Government , coming over without leave , nay expresly , contrary to his command under her hand & signet . With limitation , not to be charged with disloyalty , nor to be questioned publickly in Starr Chamber , which upon his most penitent letter he desired to be spared , and to be heard at the Lord Keepers house . The sentence was then no more , than suspension from some of his Places ; for he called God to witness , He made an utter divorce with the world , and desired favour , only for a preparative for his Nunc Dimittis , the tears of his heart having quenched in him , all humors of ambition . Upon which , in few daies his Keeper Barckly was taken from him , with this admonition , That he was not altogether discharged , though left to the guard of his own discretion . He had taken into his service as chief Secretary in Ireland and long before , one Henry Cuff ; base by birth , a great Scholar , of a turbulent and mutinous spirit . This fellow , a Moneth after his Lords liberty , practised with Sir Henry Nevil lately Lieger Ambassadour with the French King , and now newly come from Bullen , Insinuating as a secret , That the breach of the treaty of Bullen , was like to light upon him . By Cuff it was first concluded , that ancient principle of Conspiracie , To prepare many , and trust but to few ; and after the manner of Mines to make ready the powder , place it firm , and then give fire in the instant . The first of Nobility was Wriothsly Earl of Southampton , and some others of quality , and with Profane policie to serve their turns with both factions , Papist and Puritan ; Essex , his outside to these professing Hypocriticall zeal and frequent Sermons ; To the other , as to Blunt and Davis , his inmost secrecies for Tolleration of Religion . And thus he spent Michael●as Term. Towards Christmass there passed a watch-word amongst his associates , That he intended to stand upon his guard ; a double sence , as of circumspection , or force . But in truth , not to be cooped up , with restraint . The time of execution , was Hilary Term , when by invitation , or business , the Town would fill with his friends . But in Candlemass Term , they fell to consult at Drury House , where Sir Charls Davers lodged ; a man obliged unto him , for his pardon about the Murther of one Long. Sir Ferdinando Gorges , Governour of Plymouth , sent for by his letter , not to fail before the second of February . Sir Iohn Davis , Surveyor of the Ordinance , his former servant ; And Iohn Littleton , a man of wit and valour . Their consultation rest upon three parts The perusal of a List of confederates . How to act . Distribution of each mans action . The List was 106. Noblemen , Knights and Gentlemen , of Essex own hand writing . The action , was in two Articles , Possessing the Tower , Surprizing the Q. & Court. In which was deliberated , what course to hold with the City towards effecting the surprize , or after . The Tower would give reputation and security to the Action , by means of Davis ; but most of the rest were jealous , that whilst they built upon two foundations , one must fail , and distract the other ; therefore the more certain , To surprize the Queen , the rest would follow . The manner thus ; Certain select persons well known at Court , for access , should distribute themselves into the Present , Guard-Chamber , Hall , and utter Court and Gate . And in each of these places , one principal person , to guide the assistants . Their distribution ; Sir Iohn Davers , to the Presence and Guard-Chamber , to seize the Halberds of the Guard ; Davis to the Hall ; Blunt to the Gate . These in readiness ; by a signall , Essex should remove from his house , and well attended , or to meet him , should with correspondence of the setters and some tumult and confusion , effect their design . Thus the plot-form ; the second act to their Tragedy , that Essex should prostrate him self at the Queens feet , desire removall of evil Counselors , who possessed her Majesty and State ; Then , to summon a Parliament , alter Government , and confirm conditions to themselves . In this consult , Essex inclined most for possessing London , as a surer ground to that of the Court also . Being wedded to his false overweening opinion , of the people and Citizens , and their number . Suspecting belike the instinct loyalty of many of his Train , when the fury should be over , and he perhaps left in the lurch , with the fewest of his friends . The true Nature of usurping Rebells , to ●rust more to the main of Multitude , than of qualitie ; especially Essex , who had gotten ( I know not how , nor by what merit ) the specious Mark of a Patriot ; proper to infuse , and mint jealousies , into the heads of the more unworthy , and less prudent , and these he could easily stirr up by Emissaries , who lye at watch to bo utefeux it , and inflame mens minds , to disperse abroad unshrowded sparks of discord , and that way to convert a Kingdom into a flame . But this Counsel was afterwards refined by Essex , Cuffe , and Blunt : To assemble a Troop to come sodainly from the Mews in scattered Numbers , and unite in a moment at the Court Gate . And as good Common-wealths men , lest their new contrivements should want Ministers , they would supply in a readiness of their own for Counselors , and Servants to the Queen , in place of such evil ones ( the beaten path of Traytors ) as they thought fit to remove ; which should be their plausible pretext to their own practices , and a general ground , to the common people . The day drawing nigh ( but not assigned , being left to my Lord ) the Curse of the Psalmist interposed , like the untimely fruit of the woman , brought forth before it came to perfection . For many that knew of the plot , diligent , with too much resort at Essex house , brought forth mutterings of somewhat , which states soon discover . The afternoon 7. February before the next day of Rebellion , was sent to Essex house Secretary Herbert , to summon him before the Council , sitting at Salisbury Court , at the Lord Treasurer Buckhursts , which he excused not to do , under colour of being ill . And suspecting the discovery of his Trains , and doubting delays , resolved upon his enterprize the next day , Sunday . But then , upon advertizement of doubling the Court Guards , and allarum there , he determined on his former conceipt , of being the peoples darling , and the Minion of London , upon confidence of Sir Thomas Smith the City Sheriff . Giving out that Evening , that he was sent for to Counsel , to be betrayde by an Ambuscado of Musketeers , upon the water , by the devise of the Lord Cobham and Sir Walter Ralegh , to murther him by the way . This mean design , the best he had , took fire like a squib ; the Messages and warning , to his chief confidents all that night , and next morning . And his servant Temple took up his Tale and told it to the City . And to colour it the more , watch and ward was up all night , to open his gates to all comers in , so that the morning hastens Mannors Earl of Rutland , Southampton , Lord Sands , Sir Henry Parker ( called Lord Mounteagle , ) with some Number of Knights and Gentlemen , and being Sunday , it gave occasion to others , to come to his Sermon , whom he carressed with his Cap in his hand , telling them his former tale . But to his more confidents , That he was sure of the City , and that strength , which the Queen could not oppose , nor his Enemies withstand his revenge . Alwaies , with this caution , to his Gate-Keepers , to suffer none to return out , to tel News . Sunday at 10. a clock the Queen had intelligence , and yet was willing to cast water on this fire , ere it should flame to a Rebellion ; her authority , before her force ; she sent the Lord Keeper , Earl of Worcester , the Controuler of hir Houshold , the Lord chief Justice , who finding the Gates shut , after some stay , were let in by the wicket , but all their servants kept out , except the bearer of the Seal , the Court full of Company with Essex and his Lords , to whom the Lord Keeper said , That the Queen sent them to understand the reason of their Assembly , that if they had cause of griefs against any persons whatsoever , they should have hearing and justice . Essex told them aloud , That his life was sought , to be murthered in his bed , and had been perfidiously dealt withall . The Chief Justice answered , If any such matter were attempted or intended , it were fit for him to declare it , and to be assured of their faithfull relation , and so He should not fail of her Majesties Princely Indifferency , and Iustice. Southampton objected , the assault upon him by the Lord Gray , to which the Chief Justice said , that justice had been done , and the party in prison . The Keeper required Essex to impart his griefs , if not openly , yet privately , and promised satisfaction . Upon this , arose a high clamour of the multitude , Away my Lord , they abuse you , they destroy you , they undoe you , you lose time . The Lord Keeper putting on his hat , commanded them all upon their Allegiance to lay down their weapons and depart , When Essex and all the rest clapt on their Caps , and going into the House , the Lords followed him , as to have private conference , and fearing the Multitude , who ●ryed out kill them , shop them up , keep them pledges , ●●st the great seal out at window . And accordingly , he gave them in custody , principally to Sir Iohn Davis , and one Owen Salisbury , a seditious notorious robber ; guarding them with Muskets , fired , and cockt ; and left the charge of his house to Sir Gilly Merrick , bidding the Lord Keeper to have patience whilst he would take order with the Maior and Sheriffs for the City , and be with them again within an hour . So goes forth with his Number 200. men , entered Ludgate , and with a fearfull , timorous , discomposed tale repeated , That he should have been murthered ; and so passing through Cheap-side unto Sir Thomas Smiths house in Philpot-lane who was at Church ; where he shifts into a dry shirt ; the passion of fear firing him into a hot sweat . The people flocking and gazing as he went. To whom he said ; they did him hurt and no good , without weapons . The Queen and Court , somewhat frighted , commanded the City to be in readiness , but to keep within doors . The Lord Burghley with Garter King of Heraulds proclamed him Traytor in the principal parts of London , which was done with expedition and resolution , though with loss of some of his Train , and hurt of many . Clifford Earl of Cumberland , with Sir Thomas Gerrard Knight Marshal , rode up and down proclaming them Traytors . And so , divers withdrawing , he altered his former pretext , and said , That Kingdom should have been sold to the Infanta . Then making stay in Grace-street , and dismaid at the tidings that forces were aproaching under conduct of the Lord Admiral Lieutenant for the Queen , resolved to return by water , and make good his own person by the pledges of the Lords , which a good fellow over-hearing , and not well assured of his part there , being as deep in the design as death , hasted before by land , told Davis and Merick , that by any means they should release the Council , and so got his own pardon , and this was Sir Ferdinando Gorges . But Essex ignorant as yet , goes on by land to Ludgate , there at the West end of Pauls , he was resisted by the forces of the Bishop of London , commanded by Sir Iohn Luson . At which Incounter Blunt was wounded , young Tracie slain , and others , on his part . Wyat slain , and some hurt on the Queens part . But upon this small repulse , He slips from his Train , turns down to Queen-hith , and by a pair of oares , was received into his Water-gate at home , which he fortified and baricadoed . And as instantly was he besieged on land , by the Earls of Cumberland , and Lincoln , Lords Thomas Howard , Gray , Burghly , and Compton Sir Walter Ralegh , and Sir Thomas Gerrard . And by water ; by the Lord Admiral , the Lord Essingham , Lord Cobham , Sir Iohn Stanhop , Sir Robert Sidney , and Master Foulk Gervil , and this way , forcing the walls , wonne the Garden ; And being offered parly , and time to remove his Countess and Sister Rich , with other Gentlewomen , before they would storm the Hourse . But Essex , with his Lords upon the Leads , would not capitulate , but intreat . That they might be used Civilly . To have an honourable Tryal . To have Ashton his Preacher with him in Prison . And so by ten a clock at night , they submitted themselves Prisoners to the Tower. This monstrous Treason , of this mighty man , thus weakly managed , was began and ended in twelve hours , and the next day as calm , as if no Motion or Billowes had been before . For which he , and Southampton , eleven dayes after were arraigned and condmned , this one had his reprieve , but Essex the reward of his merits , and executed the 25. February , upon the Inner Hill in the Tower. Several dayes before Sir Charls Blunt suffered by the Axe , and Cuff by the halter . Essex before his , and at several times ( so not surprized ) betrayed most of his confederates , and discovered Sir Henry Nevil , late Ambassadour in France , as privie to all his conspiracies , of whom til then there had been no suspition , which was construed in him an Act more of temerity and hope of pardon , than in Grace , and good Conscience of a Repentant Offender . And this being his Tragedy . It is no wonder though our Adversarie Authors , the one , The History of Great Britain , the other , The Court and Character of King James , should so slightly pass over his Treasons . With them we shall have some dispute , as we meet them Contemporaries in our farther proceedings , in the second Part. Let me add the Opinion , that a writer had of Essex , and published in these verses . Quod Regina , scelus ; scelus est ; quod Virgo petatur ; quod pia Virgo , scelus ; quod tibi grata scelus ; Cum Virgo , Regina , Pia , et tibi grata , petatur , Proh scelus ! et superat quod scelus omne scelus . It 's Treason , that a Queen should ruin'd be ; That a Maid , ill ; That she was Good , yet worse ; that good to Thee , More wicked still : But when a Queen , a Maid , Good , and thy Friend , Thou wouldst dispatch , The Treason , that thy black heart doth intend , Dares Hell to match . England thus long sick of the disease of Irish affairs , the expence whereof had brought the State into a Consumption , which put the Queen to seek money of her Subjects ; besides her way of sweetning them with good words . Tyrone grew so Insolent , asto act Soveraignty , where ere he came , disposing Honours , Estates , Privileges , Freedomes . And therefore Charles Blunt Lord Montjoy , is sent over Deputy ; and though others as fit as the former , the Queen ( who seldome chose amiss ) pickt out him to command , for his readiness to obey ; a fault in Essex , proud , and stubborn , uncounsellable , and unconstant . The Rebells put him to it , salute him by Allarm , in the very Suburbs of Dublin , which the Deputy with his selected Veteranes meant to requite soon after , in a Massy-body , and fight him , which the Enemy sought for , and had been worsted , of which some underhand Counsellors at the Queen elbow warned him to prevent , by turning a to-side . But with several light Brigadoes he was so hotly pursued , asput him to his holes again . Sir Warham Saint-Leger , meets Mac-guire , ( a graceless wretch ) and with their Launces full Career run each other thorough , and dye . Romes friendship to those Rebells , much encouraged by his Indulgence , ( the aboundance of the Churches Treasure ) was pleased to spare them pardon of their sinnes , for the good service of shedding so much blood of their S●veraigns Subjects ; and for fighting in the faith of his beloved sonne Hugh Prince , O-neal , and Earl of Ter-Oen , Captain General of the Catholick forces in Ireland ; Whom His Holiness accompanies with all his spirritual graces , and those that follow him , or favour him , ( by pains , counsel , arms , provision , or any other means ) a plenary pardon of all their sinnes ; the very same pardon ( sayes he ) that was wont to be granted to those that warre against the Turk , or for the Holy land . However the deputy sends Docwray into Ulster Garrisons ; himself with 4000. foot , and 300. horse , put the Enemie to his lurking , & with new supplies in Angust out of England , he breaks through many difficulties , into Ulster : Erects Mont-Norris fort in memory of that gallant Iohn Lord Norris , under whom he first exercised arms . Docwray likewise , being assaulted by Ter-oen with treacherie , perjurie , and cunning deceit , and wounded ; yet gets out of all dangers , and takes Dunalong , a lesser Castle . On the other side the Deputy in winter , forces several Rebells to Obedience ; passes victoriously ( in compass , ) so farr as Ulster in his first years Regency . George Carew no less fortunate in Munster ; The Southern parts , burthened by the Tit●lar Earl Desmond ( of Ter-Oens making ) he surprizes ; but was again rescued ; Takes seven Castles ; drives him out of that province ; reduces many Rebells to obedience , quiets the County , and comes home at Christmass ; And this was done there . In England they consult for peace with Spain ; being invited by the Arch-Duke Albert , lately returned to Bruxell with his Bride the Infanta . And inclusive , he knew the better how to condition with the Dutch , to save charges of his warre there , convey home safe his Indies Fleets , & so at last grow infinite rich . By which , the English would neglect their navylodg in peace ; lazy and wealthy ; discontinue warre , the easier hereafter to be soon invaded . The Queen old , and weary of warre , very willing to make peace within her self , and outward , with all the world , leaves the motion to the Fr●nch Kings managing , for time and place of meeting ; He appoints May , the time ; and Boulen the place . For the Queen , came Henry Nevil her Lieger there , her new Secretary Herbert ; Beal , Secretary in the North ; and Edmonds her French Secretary . For Spain , came Don Balthasar domine de Zuniga Fonseca ( the prolixity of whose Name , strecht out like a Cable ( sayes little Nevil ) is longer than I am ) his Lieger in the low Countries ; Ferdinando Corel a Counciller of Castile . And for Albert , came Ricardot , and Verskenie . And must not these men quarrel for Precedencie , as before Anno 1598. at Vervin ● They did so now ; and did nothing else , but quarrel the peace . By which means , they were the better known , for the arrand of the English ; which , was first , to stand upon punctilios of place ; but not , altogether , before profit : or else , by ca●ting lotts . Then , not to be cousened into any kindness for the Low-Countries traffick , Nor in the trade to the Indies ; but to be free , as in 1591. general freedom to all places of Charles the fifth . But then , if Spain hath the place , let him lose the advantage , and propound first ; He inviting the Treaty . Copies of their Delegation being given to each other , they now differ about Title ; Most Illustrious , she gave to the Arch-Duke , but he clames , to be Most Puissant , as descended from sacred Emperours , and he son in Law , and Brother to the King of Spain . The English Answer ; Kings , have no more difference from an Arch-Duke ; And Arch-Duke Philip , father to Charles the fifth , had no more from Henry the eighth . But then ( say they ) those times afforded no more unto Henry himself . The English found fault with them . The very Form of the Delegat●on to be wanting ; and ob●curely Intermixing other Commissar●es ; an● made up , only , with a Privy Signet ; when theirs was , with the Broad Seal of England . Nor does their King ratifie what ere shall be concluded . They Answer to all . Par trattar y hazar trattar , in Spanish , comprehends all formall subdelegation . That , in Spain , no such distinction of seals , Private and Broad . This , being yo , el Rey , the Kings own hand in presence of his Secretary ; with the publick seal , And by , Estar y passar , y ●stare y passare , all warrants fil'd . Then they meet , ( as yet but by papers ) the English demand priority , as if Le premier demandeur estoit le vancuer . A Challenge ( say they ) never presumed upon before , nor equality yielded . Little Edmonds was angry , who had prepared Richardot with the Queens Priority ; That the presence of an Ambassador Nevil , was to be preferred before a Delegate Title . They reply , for England to be but equall , submits Spain as inferiour to France , England alwaies yielding to France . And such a doe it came unto , that Edmonds comes over , and ●ath Item not to stand upon Place so he should get the Profit in particular demands ; hard enough to be allowed . In the mean time the Spaniard complains ; that succour and subsidy was sent to the States ; and ships , ready for the Indies . They were answered , it was in ballance with their assistance to the Rebells in Ireland . And so far they were from Submission to Priority , or to admit equality , as to break off the Treaty . And so at leasure let us discuss Priority for England . Among the Temporal powers The first place was to France , the second to England , the last to Castile ; and the Book of Ceremonies at Rome saies so , as a Canon , at three general Councils , Pisa , Constance , and Basil , it was in Example . The title Castil● , which the Spaniard most boasts of , is but a late Monarchy to England ; having neither Earls nor Kings before the year 1017. and those Kings not Anointed . That England is the third ; Intituled Most illustrious , and Spain the fourth . Pope Iulius the second gave it to Henry the seventh before Ferdinand of Castile . The Queens ancient years and Reign ( an argument they urged at Bazil against Henry the sixth ) and all this original , exceeds mans memory . Whilst these treat for peace , The Dutch soring high , imped with English feathers bethink how to fall upon the Spaniard . It was , when their Enemy Arch-Duke Albert was weak in forces , and those in Mutiny . Hasty intelligence did this good service to Prince Maurice , who finding them in this disorder , resolved to fall upon him in Flanders ; And because the English had the brunt of the Battel , and Sir Francis Vere the honour of that day , we may take boldness to add it in memory , with matters of our own Historie . Our fate with those people , evermore to be left out of the fame , though we fought for their freedom ; and is called the Battel of Newport . The Princes Army lands at Philipine , upon the River Scheld , 12000. foot , and 3000. horse in 3. Tercias ; Commanded by Count Ernest of Nassaw , Count Solms , and Sir Francis Vere , taking their daily turns by change , of Avant-guard , Battel , and Rere . The Van of Horse consisted of ten Cornets and led by Count Lewis ( Brother to Ernest ) being Lieutenant-General . And to them were adjoyned Prince Maurices guard , and the Regiments of Sir Francis Vere and Sir Horace Vere , accounted 1600. English. As also the Frizons being seventeen Companies . In all , of the Avant fourty foot Companies , which Sir Francis Vere commanded . The Battel was Numbred seven Cornets of Horse ; To whom were joyned nine foot Companies of Walloons , and four Swisse for the first division . With two other divisions of French ; the first of three Companies , the second of twelve . In the midst was Prince Maurice himself , with his Brother Prince Henry , and divers Noblemen , strangers , and voluntiers ; so that the Battel had seven Troops , and 25. Comapnies . The Rere consisted of three Cornets and thirteen colours , in the first division . And in the second eight Companies . And in the third three Troops and twenty six Comapnies . The Arch-Dukes army had 25. hundred horse , and 15000. foot , divided also as the other , into three Brigades . Before the Armies should meet the Dutch conclude the siege of Newport ; ( the States taking leave and go to Ostend , ) and got to the Downs by the Sea-side & so to Newport ; where in three daies they had taken Fort Albert ; encamped and quartered , raising a stone bridge over the Haven , for the Carriages to pass . The Arch-Duke hastens his Marches , & came neer the Fort Albert with some horse and foot , which the Prince supposes but a Bravado , and meant to retire . Sir Francis Vere was of opinion that it was the gross body ; and therefore advised to meet them , before their forts should fall into their hands ; And whilst these disputes ; The Spaniards Cannon was come , and the Fort yielded to him ; and as in a trice , had seized the Bridges & was entered on the Downs . But by the way , met with some forces sent by the Prince , to hinder his free passage , who were encountered , fought bravely , though against a puissant army , till they were too weak and fled , the fate falling upon the Scotish forces about 800. eleven Captains , besides other Officers . The hasty News gave heart to the Arch-Duke , to write to Burges that he had vanquished the Princes Van , and ingaged his whole Army , which made them Triumph , and the States at Ostend to tremble . The Arch-Duke thus incouraged , Marches in hast to Newport ; The Prince , presuming that the late defeat must needs frighten his Army , forthwith sends away their shiping to Ostend and fords over the Haven , and lodges between the Spanish and the Sea , so to fight , or dye . The rest of the Army of foot , passed over the next day at Ebbe , being the turn of Sir Francis Vere to have the Van , where he found the Arch-Duke with all his Army in Battalia , who apprehending , that these forces were the whole Army , come over , otherwise it had been easy for him to have prevented the Princes fording the rest . And besides , the dust of the sand-hills drove upon the Spanish , that blinded their sight , who were forced to halt , until all were got over . Vere with the Troops of the Van , leaving the foot , ranged into Order , behind the sand-hills , hastens not to ingage with the Enemy , as yet , but only to chose the place , to attend for them , being all the advantage was left . And so got to a hollow bottome between the Hills and Downs , which they might make use of , and stop the Spaniards way , by the Sea-shore , also . And so draws out 1000. men , whereof 300. English , and 50. of the Princes guard were lodg'd on the top of an Hill , steepy and sandy , and so hollow , that they were covered from the other Hills , and might shoot as from a Bulwark . And the like order upon two other Hills with 700. men more , the rest of the English ; so that this avant-guard took up the third part of the downs . The Prince comes to Vere , and consult , whether to advance upon the Enemy , or to stay his coming : Most voices ( as in honour to advance ) conceived it would rather daunt them , and prevent their fortifying upon their Princes passages to Ostend , and so stop their victuals , and cut off any retreat thither . Vere was of the contrary opinion . That the Arch-Duke gathered his Army in hast , and brought thither , where they intended not to make a seat of warr , unprovided and without any Magazine of victuals , and so no fear to starve the Prince who had the sea open . And according to his Counsel here they stayed . The Prince returns , places his horse next the sea , six pieces of Cannon advanced and planted in the head of the Avantguard with advantage of wind and sun , some ships of warr waved so neer as to gall the Spanish Battalions upon the sand . The Arch-Duke had been hurried out , and tired , his men with a nights March and all that day ; and his adversaries moving he rested a holt , for some time , and staying till half flood , that the Dutch might have less land for their horse , He marches , and before him some light Horse-men to discover ; One of them suffering himself to be taken , and tels Vere ( what he knew ) that some Dutch forces had been routed , brags of their Number , valour , and resolution speedily to give battel . And so they did ; their Horsemen come in the head of their Divisions , a competent distance , who marching neerer , Vere discharges his Cannon , scatters their Troops in disorder , and fly . The Spanish foot come on & discharge their Ordnance roundlyand did much hurt , which drew them on into the Downs , where Veres horse stood , & a fit place upon a Hill for two demy Cannons to be planted , and himself on the Top of another which commanded all ; fromw hence he gave his Orders . Thither comes the Spaniards with 500. pikes , without Ensign or order , labour to enter upon Veres Hill , who was forced to succour himself with more shot , and gawled them . Their horse likewise , Marching between the Hills , were sore put to it by the two Demy Cannons , gawling them upon the first profer of a charge ; with the advantage also of the Princes horse encountring , put them to a disorderly retreat . The Battail begins , the Ordnance on all sides , increasing the Fight , with diverse charges ; Vere beats two Regiments of Spaniards to a ●etreat , which incenseth the rest to advance their Battel and Rear , so does the Prince the like , and at the first Charge came to handy blows , the French against the Spaniards and Ital●ans ; and not long after a second Charge also , and retired . The Prince sees this , and once more commands Solms with the French to fall on , assisted with the Walloons Regiments called the new Geux , and fought bravely against Burlette and Bucquoy , the Enemies Rere . The Princes Rere come in with five Regiments , and a lasting fight of three hours was doubtfully performed : the Arch Dukes side declining , had their Horse driven almost to Newport ; but then , their Foot did the like , against the Orange party on the Downs , to the hazard of their Ordnance . This while , Vere , with the Van , and his shadowing Hills , had advantage thereby , to gall his Adversaries , who retire to their Gross , from whence disbands five hundred Spaniards more , and fall upon the Assailants , forcing them back to Vere , who not used to give ground , beats the Spaniard home again ; whilest their Battel of Foot are come up to the Gross of their Van , under good covert , and by fresh men force Vere's men from his Grounds of Advantage , which he sometime lost and won again , with loss of men , his Design being to beat upon his Adversaries gross body , and to engage them till the Orange other Troops might advance , which did and retreat , and were pursued ; by which occasion the Arch Dukes Horse were got out of the Foot-mens reach ; an over-sight in fight ; for in Battel the success of Foot depend most on the Horse . But the fight increased on all sides , the English on Vere's side pell mell with the Spaniard , and seeing their Gross disband by degrees , sends to the Prince to second him , with some Horse ; lest his Enemy grow too strong upon him , and so increased , that he was forced to descend and encourage them in the Downs ; who were driven from their good Ground to Disadvantages . And at his very Approach had two Bullets through his Leg and Thigh , which he dissembled from his Surgeon , knowing , that his presence must encourage his Troops near foiling ; for in all this time , the Prince sends no Relief , being put hard to it in the Battell . Vere gave Ground , and retires to his Canon , when his own Horse being shot , fell dead upon him ; and his hurts affording him no help of assistance being alone , there he lay , till by good hap Sir Robert Drewry and Sir Iohn Ogle drew him from under his Horse ; and being set up behinde one , he escaped the Enemy at his heels , his hurts bleeding much at four holes , he was forced to fall off for that present . His Brother Sir Horace , he found at the two Canons , having gathered some three hundred retreat Foot , and there staid the Enemy , who came up to the very handing the Ordnance , which fired on them , with a Train also of some Barrels hid in the sand , and made wondrous Execution . And not till now comes Succour , two Cornets of English from the Prince , which encourages Sir Horace , and bold necessity to boot , beat the Spaniard back again ; by the way , some others fell on also , and followed them to Execution . The Arch Dukes Phalanges and Battalions startle , and rowse up , rather for defence , than revenge : and now Orange findes his Friends have fresh courage , by the tottering effects of fight , caused his whole Battell to advance ; both meet , and joyn pell mell , Horse to Horse , Foot to Foot , till the fate of fight forced the Arch Duke to turn faces and fly , and were followed to Execution as far as the Morish Dam. The English having the Chace , took Don Iasper Sampen , Don de Villars Maestro del Campo , and the Arch Duke escaped hardly , for his Horse-bit was held by a Souldier , and he spurred on and got off ; losing in this Battell the most of his chief Officers : the Prisoners were Don Francisco de Mendoza Lieutenant General , 〈◊〉 Count of Solms on his side , Don Lewis de Aville , Don Piedro de Mendoza , Doctor Anarea the Arch Dukes Physician , Don Iaspar Marogan , and five and thirty Horse and Foot Captains , three hundred and ten more men of note , eight Pieces of Cannon , most of the Ammunition , Baggage , and Furniture , the Arch Dukes own Tent , Cabinet , Plate , Seals of Arms , one hundred and six Colours , five thousand slain on the place , besides hundreds of others out-lying , in fight ; the loss fell most upon the Spaniards and Italians , who fought bravely , and bore all their brunt , taking too much heart upon their morning success . On the Orange part were slain two thousand and five hundred , most English , who were put to it against the Spaniards and Italians , in several brave Charges , and so lost six English Captains , Yorkley , Hu●●iwood , Tyrrill , Duxborow , Priton , Woodward , and most of the Officers slain or hurt . The Spaniards complained of their own Horse which j●ded and should have succoured their Foot that fought bravely , and commended the Dutch's order in marshalling their men into severall light Divisions , when as the Adversaries great P●alanges and Stand of Pikes were unwieldy heavy to charge . The Danes dispute the English Fishing upon their Coasts Norway and Island , and seize the English and Goods there , who indeed , made no claim of Right , but onely , Leave and Custom from Norways Kings , before their conjunction with Denmak ; and confess , that by the League with King Iohn heretofore , they were to ask it from seven to seven years , which had been neglected with King Christian ; for in 1585. they had Liberty without further Licence ; and concluded ( which I wonder at ) Mare liberum . This occasion acquainted the English Delegates ( that were sent thither to treat ) with the mystery and benefit of Trading , and for the Londoners to be instituted into an Eaest-India Company with great Privileges . King Iames nearly concerned to congratulate the happy prevention of Essex his Rebellion , sends to England the Earl Mar Ambassadour , with the Abbot of Kinloss , to congratulate the Queens happy success , against such treasonable Attempts ; which she takes well , ( coming so seasonably , to satisfie ill Rumours , That Essex was made away for affection to the King of Scots Title , and that the Ambassadours Commission had been to plead for his part . ) And withall to expostulate her remisness , for not due punishing Valentine Tomas a base Calumniator of their King : and that Ewer and Ashfield should be shadowed here , two Fugitives from Scotland ; But Ashfield might be ●eleased ; And in conclusion , ( their chiefest Errand ) for Assignment of some Lands in England , as a Rent-charge , for defraying the affairs in Scotland , then too burdensom for the King. She thanked the King , and wished that all Rebellions against him , might the Eve of that Day finde the same End and like Success of all Traitors to Him , as Essex was to Her. That Tomas was spared in prudence to their Masters honour , lest by rubbing old sores with often Trials and Executions , ( too frequent Examples ) might rather increase slanderous Tongues , whose impudence in accusing , even without any possibility of truth , or shew of proof , yet through too common rumour thereof , may beget ( and that , in time ) belief . Ewer indeed was an ill man for denying peremptory things of evident truths , which yet his protestations wrought upon easie spirits with credulity . As for Ashfield , he had cousened the President of the English Borders of Scotland , with a Trick to go thither , and play'd the Knave to get home again . She always found with long experience , that to countenance evil manners in her neighbour subjects , was , to teach her own , to do worse to her self , and made a distinction of that , with national protection , which in some cases must be maintained . And that for Lands she would add to the former Advance two thousand pounds a year , for maintaining inviolable unity and agreement with her , with caution to him , not to intrust such , as seek their own private gain , with the publick loss . Thus much in publick , besides their private contrivance with the principal Nobility and Councel , to work them the Kings Friends ; who assured him peaceable reception into England after Queen Elizabeth . The Pope Clement the Eighth had that fear , and therefore by his Breves prohibits all such Professors of the Roman faith not to admit any , how near soever in bloud , unless upon Oath he promote the Catholick Doctrine ; and the like is brought over to Scotland by Hamilton and Hayes , two Iesuits , men of fiery spirits and working brains , chief Instruments of Sedition at the holy League in Paris ; these men are proclamed Traitors , but lurk in the North for a long time . A general Assembly is there resolved at Brunt-Island for repressing Papists , and very conscientious , begin to rectifie themselves ; careless Ministery , hasty admission of mean men , pleasing the people , and ruineth the Church ; and therefore they ordain Days of Humiliation and Prayer . But Mr. Iohn Davidson was of opinion , they did ill , not to blanch the King and Court , and therefore writes to them . HOw long shall we fear or favour flesh , and follow the counsel and command thereof ? Shall our Meetings be in the name of Man ? ( The King called them , &c. ) Is it time for us now , our Brethren thrust out without just order ; Papists , Jesuits , Atheists countenanced and advanced to the best Room in the Realm , bringing Idolalatry and Babylonish Captivity ? Shall we be inveigled with pretences , petty Preferment to Parliament Votes , and Titles of Prelacy ? &c. Then scoffing at the King , But Boniton ( says he ) that Thief is executed , What 's that to Religion ? Is there none offends but Boniton ? But the King is sound , if so , the danger the less , but there is nothing sound in Kirk or King. Melius & obtabilius est bell●m pace impia , & a Deo distrahente . Do what the King could , such Libells were licensed , for which he was committed . Their Church thus settled , the King urges for a new Translation of the Bible , being miserably lamely done , disputing with them the Errors therein , as also their Prose , and Singing Psalms , wherein he shewed the faults of Meeter and Matter , with admiration to all that heard him so ready to reason with them , their discrepance from the Text , by proofs of other Languages , which though he could not obtain from them therein , yet he had it accomplished , where he found obedience to his commands afterwards in England , Anno 1603. The King caresses all his Friends , and sends Lodowick Duke of Lenox Ambassadour into France , with some persons of Honour , and two Counsellours of State to caress the King ; he arrives at Diep , and enters Paris with a train of Scots , that met him from all parts , a custom they ever had , to set out themselves the best side outwards , especially from home , where they are least known , but by their own declarations . And not long after Audience , at St. Iermans , ( the Queen in childe-bed ) and then took leisure to visit his Mother Madam d' Aubigney , whilest the King poasted to Callis , upon false intelligence that Queen Elizabeth was desperate ill , or that the affairs of Flanders , invited him , Ostend then besieged . No doubt , his mouth watered to have found such another faction , as might foist in another Bastard of Normandy ; in gallantry he would say so . Upon his return the Duke takes leave , and lands in England . We may guess what he had done , assured the Kings affection to the French , and as of ancient amity , so craves continuance and support towards his new Inheritance , in case of necessity , when his time should come to the Crown of England . And here he findes the Queen ill disposed , and the Parliament set , suspected of all , to have made his Masters clame to the Right of Succession , and many one ready to offer assistance , but he declared to them , the Kings dislike to breed jealousies by such unkindness ; his Commission being no other , than to salute her , with the Kings filial affection to her Majesty ; and because he found the Irish malady oppressed her most , he proffered his Masters aid , to serve her there , which she took well , and he took leave . The Mighty States ( ou● of sunken Netherlands ) will have no delay , but to subdue Flanders ; and to amuze the Arch Duke , Maurice Prince of Orange is sent into Gelderland , to besiege Reinbergh , and had assistance fron England of four thousand men ; but the Arch Duke was more forward , and fell upon Ostend ; to whose Relief are sent twenty Companies , and Sir Francis Vere their General , both without and within . Ostend from a poor Fisher-town , had repulsed the Duke of Parma , Maltee ; and now this Arch Duke with all his seventeen Forts erected round about it . For Sir Francis Vere in the fifth moneth of the Siege , treats about the Surrender , delaying the Delegates , till Auxiliaries were raised , and then sent them away , with a fig for them . The Arch Duke was angry , batters Ostend with eighteen Cannon , drives on two thousand Foot to set upon the old Town , the Horse put them on , and take two Fortresses and the English Trenches ; nine Ordnance out of the West Gate with Chain-shot miserably rent the Assailants , with mighty loss in other places . Sir Francis Vere quits his six moneths Government ( as it was ordained ) to Frederick Dork a Dutch-man , who with others succeeding him , defended it three years and four mouths , against Spains fury , and the raging sea , the more troublesom Enemy , and in that time were intomb'd in honour , many brave English and others the most warlike Souldiers of all Nations in Christendom , contending for a barren piece of sand . The French King fearing such an evil Neighbour , provides for his own Coast , and comes to Callis , whom Queen Elizabeth congratulates by her Secretary Edmonds , and he returns the Visit to her by Marshal Byron , Monsieur Arvern , and Sir Aumons , and besides they had in charge , to wish her happiness in the timely suppression of the late Rising and sudden Execution of Essex and his Complices . She said , His faults deserved that punishment , of which she gave him timely warning , foreseeing his ambition , edg'd on by others , to commit Treason ; for which yet , had he begg'd it , she might have given him pardon . Byron not long after , felt the like destiny for his Plots against the French King , though his merits to his Master were far exceeding any pretences of Essex ; yet all of them and his thirty wounds in the Kings service could not prevail , though he begg'd it , with too much desire of longer life . And indeed , they were both equally matches , in most things parallel , either in vice or virtue . Money was scarce in England , being transported yearly into Ireland , one hundred and sixty thousand pounds sterling , and under that colour the Merchants had a common way , to convey elsewhere much more ; and once got to the Rebells , it was good barter for all commodities with any forein Nation , and ( by stealth ) with English ; the Coin for Ireland was therefore abased , with some Brass , which would bring over the sterling money back again into England . The Arguments against this could not prevail with Treasurer Burkhurst , besides the Law of that time , Necessity . 'T is true , the Souldier lost in his pay , which they felt , but understood not , and the Queen was not so nice of her publick repute , but to veil to the benefit , which lasted not long ; and the money-masters not then so well experienced to manage the advantage ; the Spanish policy therein grown cunning might have taught us what they practice for gain . With fresh pay , the Deputy goes on , removes Ter Oen from Black-water , Derry Castle , Donegal Monastery . The tittular Earl of Desmond and Mac Carty are surprized , arreigned and condemned of Treason , and sent into England , by whom and others is discovered the intention of landing Forces from Spain at Cork , which was therefore fortified , and fresh mann'd with help of two thousand new Souldiers out of England . The Spaniards lands in September at the mouth of Kingsale Haven , and the Governour there , Percie , retires 〈◊〉 , and the other let in with thirty five Ensignes , 〈◊〉 welcomed by the Inhabitants . The President Carew bestirrs him ; drives the County about ; lodges some forces in places of advantage , ready with his Army , to expect don Iohn D' Aquila with his title of Master General and Captain of the Catholick King , in defending the war of God , and maintenance of Religion in Ireland , and to deliver them from the jaws of the Devil . Carew forthwith drives them out of the Castle , by the Haven , when 150. more got in , and the Haven blockt up by Levison , the English vice-Admiral ; This news brings Ter-Oen with all the chief Rebells , to joyn with some Spanish got out of the Town , and all together make up an Army of 6000. foot , and 500. horse , assured of victory . And the English , wearied with winter sieges , spent with poverty and hunger , yet ply the siege , not suffering the Enemy without to recruit the Town , or Spaniards to re-enter , but they adventure , and are repulsed , and retreat , but are hotly pursued by the Deputy , ( whilst Carew keeps the Spaniards from breaking out of the Town ) and forced to make a stand and fight , with great loss , and then to fly . Don Alphonso O'campo taken pr●soner , with three of his Captains , and fix Alpherez , ( Ensignes ) Nine Colours , whereof six Spaniards , and 1200. slain ; with very little loss to the English ; And within six daies after , Don Iohn designes a parly , And to yield up to the Deputy what they possest , and to depart with life and goods , but brave Don to be the last Man left behind . Their departure so sodain , troubled the Irish , who are worsted every where , many of the chief Surprized and taken . And now the old English Adage , When knaves fall out , truth comes to light . The Ecclesiastick Papists in England go by the Ears ; The Jesuite against Secular Priests : No blowes but Bookes , and pens for Pot-guns , the general thus . One Blackwel sometime fellow of Trinity in Oxon was made Arch-priest for the Seculars , and he too much a friend to Garnet their Jesuites general , they decline him with scorn . Hereupon they are degraded , and appeal to Rome , and therefore are Booked for Schismaticks and Hereticks , but they got the censure of the University at Paris to approve the same , and meaning to prevail in the Queens favour , They shew , that in her first eleven years reign not one suffered for his Conscience ; Nor for ten years after that Pius Quintus Bull against the Queen , there were executed but twelve Priests ; most of them convicted Traytors ; And that then about the year 1580. crept in the Iesuite , whose mischievous practices against the State had disturbed all , and accasioned the severe Lawes against Catholicks . And yet they say , in ten years following , but fifty Priests were executed , the Queens mercy b●●ishing fifty five more , justly deserving death . From that time ( say they ) Parsons in Spain an English Iesui●e entertains all Vagabond English into their seminaries there , and from thence came hither turbulent Priests . That he incites the Spaniard now to invade Ireland again , and consirms the Infanta's Title to this Crown , which all the seminary Students maintained by oath . That Holt the Iesuite suborned Hesket to rebellion , Cullin , York , and Williams , to kill the Queen , Walpole and Squire to impoyson her . They set out Parsons for a Bastard , a seditious Sicophant ; and condemn the Iesuite libels to be full of falsities , and trayterous to God and Her ; And conclude , with advise to the English , not to hazard their Children into their seminaries , where , with the Elements of Learning , they infuse Tenents , poysonous Treasons . The Jesuites thus set out , they retort on the other ; and it was best wisdom for the State , to banish them both , and but time ; for , Winter and Tesmond a Jesuite , were sent for into Spain , to consult the destruction of the Queen , and by other plots , to exclude King Iames Inheritor . The like Conspiracie in the Low-Countrey against the Arch-Duke , and in France against the King , ( and so against most Princes ; The Planets then in Conjunction , Malevolent to great men , and foretold by most Astrologers . ) In which he escaped hapily , Byrones Treason , who was beheaded and accuses Bouillon , confederate , who fled into Germany , and was complained of to Queen Elizabeth , whose Counsel he craves in these his difficulties , dangerous to his safety , and the hazard of the Monarchy , somewhat drooping , which in police she endeavoured to support , and did , with Counsel and Arms , in much affection also to him and reformed Religion , which faith she defended alwaies , in every place . And now the Town and signiory of Geneve is assaulted by the Duke of Savoy , much pittyed by their Pupils here in Scotland and England , having their Nourishment from that seminary ( then ) of seditious reformers , who by their preaching to the people , procured great sums of money to be gathered by the bevolence of most Churches in this Island . The Common-people well minded were often cacht , in that time and oportunity of Devotion , liberally to contribute ; especially , if it please the Preacher to set it forth , with Rhetorical San●tion ; as the Presbyters use to do , for the dear Brethren of Geneve , Germany , and Scotland , &c. One for another , as they for us , when in truth these other were ( the most of them ) rank Revolters , and it was then , a great suspition that much of monies , drapt short of their receiving ; we return to Scotland . The King minding to take leave of his Native-Countrey in peace , and so to settle the continuance after his remove to his second inheritance , now at length very near , He resolved to reduce the High-land Inhabitants of the Northern Isles into the Main ; to civilize them , and to plant Low-land men in their habitations . Some forward Gentlemen , were undertakers , Guided by the affection and Prayers of the Abbot of Lenders , who went with them . The Gallants were Colonel William Stuart , Captain William Murray , Lermouth of Balcolmy , Iames Spence of Wormston , Sir Iames Amstrader , and Iames Forret of Fingasker . These well furnished , fell first upon the Isle Lewis , and within four daies voyage landed there . It was Commanded ( for Government these had none ) by Mordoch Macklond , base son to old Macklond , tirannously lording over the poor people . Being surprized , he made bad resistance ; his base usage of the Natives , made him more fearfull of their revenge than of an Enemies Conquest , and therefore hnmbling himself to Conditions ; even in the Treaty , his heart distrusting quarter , who never gave any , he stole away , and fled to Sea , leaving the Inhabitants soon to Obedience . The Laird of Balcolmy returning back with this good news to the King ; and not many Leagues lanched from Land , but Macklond with a Number of Birlings ( little vessels ) boarded Balcolmy , killed all his men , and kept him alive , for advance of a Ransome , which was procured out of the Kings Cofers , and he conveyed into Orkney , where he died . The other Conquerors interessed in this injurie , conjure Neill Macklond brother to Mordoch to betray him , for a piece of money and hopes of preferment ; He did so , by Ambuscado surprizes him and twelve Men more . Murthers these in could blood ; but to keep his word , delivers Mordoch to the undertakers , who sent him to Saint Andrews , where he was executed . The New Planters , began to settle , and share out Lands to themselves , and tenure it out to the poor Natives , drudges , and sworn Subjects ; whilst in this seeming security , Norman Macklond , Natural son to old Macklond , with a Regiment of Rogues , raised from all the Neighbour Isles , fell upon them unawares , and forced them to these Conditions . To procure Him and His remission of all offences and pardon . To resign to him all their right , to the Isle Lewis . That Sir James Spence and his son in Law , should be Pledges to him , til these were performed , by Patent from the King. The case thus altered , Sir Iames Armstroder with his company came home ( many being killed ) obtained them remission , and security of the Isle , and sent to Norman , by Iames Lermouth ; the Pledges released , and this Enterprise defeated ; but was again attempted three years after , 1605. in this manner . The first Undertakers weary of thier Design by excessive expence made over their Right to Lumsdale of Ardie and Hay , who with the treachery of Mackey Mackerzy , and Donold Gorum , forced the Indabitants out of the Isle ; and having done this work , sends to the South-land for Artizans and Laborers , and beginning to build and plant , but wanting means to pay , the Work-men went away ; the Natives abroad associate with a number of Islanders , invade the Planters with often Incursions , and so wearied them out of all , for a piece of money to boot to Mackerzy . There being no remedy left for Robert Bruce , exiled into France , yet upon intercession of some friends , and submission to the King , he had leave to return ; and so appearing before the King and Commissioners of the Church , acknowledged his Error , concerning Gowries guilt , ( as you have heard ) and further to recant it in his next Sermon ; which Protestation he subscribes , witnessed by eleven Commissioners , and so had leave to preach , but did not , pretending , That his ministery would be discredited if he should preach by injunction ; and was therefore discharged his Ministery by the General Assembly , who enacted , That in memory of his Majesties Deliverance from Gowries Attempt , Sermons , Prayer and Thanksgiving should be solemnied in all the Burghs every Tuesday the fifth of August for ever , as the Parliament had prescribed in all Churches of the Kingdom . The Iesuits ( as in England so in Scotland ) having no hopes of Toleration , but much urged in both Kingdoms , and that their pitifull Pamphlets , for the petence of the Infanta's title to England , not prevailing with the people , nor their Treaty of Marriage of the Lady Arabella , with the Prince of Savoy , nor with her and the Earl of Hertfords Grand-childe ; they went the old way to work , by Murder ; and Francis Mowbray son to the Laird of Barru●ho●g all , by the Infanta'● Court at Bruxels , undertook to kill the King ; and in his journey home through England was discovered at London ; and accused by one Daniel an Italian , which the other denied , and were both sent secure to Scotland ; and there by more severe Examinations , Mowbray was committed to Edenburgh castle , where , forcing the Grate Irons of his Window , intended to let himself down by his Bed-sheets , which proving too short , he fell from the precipice , and dasht out his brains upon the Rocks ; his body was ordered into quarters , as the manner of Traitors , though his kindred ( well born ) pretended that he was strangled in Prison , and his body flung out of the Window , to amuze the world with his own death and guilt . Queen Elizabeths increasing towards her decreasing , she was now left of all without recovery , which occasioned the French King to send his Ambassadour into Scotland , and another into England , under pretence of impeaching the policies of Spain , but rather to observe the motions and disposition of either people , in reference to the Queens death , accompanied with Letters to certain Lords of either Nation . To Secretary Cecil with extreme affection , it being high time to caress such men of interest in State , when in a visit , the Ambassadour to sound him , fell into heart-burning for the miserable calamity that would befall the poor Nation , in the death of the Queen , and in particular Cecil's exchange , of a gracious Mistress for a stranger , King of Scotland , if he should succeed ; a Prince no doubt subtile ( said he ) enough , as yet , to seem fair , untill the future occasion give him power and means to revenge his Mothers death , as upon others , so in particulars on you , for your fathers fault then , and your counsels since . The Secretary suspecting his drist , answered , That it was the usual reward of unspotted duty , when Ministers of State chiefly respect the service of their Sovereign , without regard to their own safety : himself ready to suffer with comfort for so just a cause , the credit thereof being the best security to an even conscience ; esteeming that Maries Martyrdom the highest honour ; but he supposed , that matters past would not be challenged to memory ; if it should be so , and his own case desperate , he might be minded to flee into another City , and take the benefit of his Majesties royal offer . The Ambassadour made fair retreat , and said , That in case the King of Scots should carry himself with respect which was due to a King of France , his Master was not purposed to impeach his interest . Cecil replied , The King was wise , and shewed it in that resolution . The Secretary sets down this passage to King Iames , taking occasion thereby to assure him his faithfull service , Though he does not as others had done , needlesly hazard his fortune , before fit time . The King returns him this Answer . As I do heartily thank you ( says he ) for your plain and honest offer , so may you assure your self , that it would do me no pleasure , for you to hazard Fortune or Reputation , since the loss of either would make you less valuable to me ; No , I love not to feed on such fantastical humours , though I cannot hinder busie-bodies , their own idle imaginations ; but I hold it the Office of a King , as sitting on the Throne of God , to imitate the Primum Mobile , and by his steady and ●ver constant course to govern all other changeable and uncertain motions of the inferiour Planets . And I protest in Gods presence , that for your constant and honest carriage in your Sovereigns service , I loved your virtues , long before I could be certain that you would deserve at my hands the love of your person . Wherefore go on and serve her truly that reigneth , as you have done ; for he that is false to the present , will never be true to the future . To give your judgment of the Kings wisdom and piety , see the difference in his answer to the Earl of Northumberland , who certified him of the Queens weakness , and advised him to make sure of his Title , by apprehending the necessity of hasty possession whilest time was offered . To him he professeth , That man can neither be religious nor just , that deals not by his Neighbour as himself would be dealt withall , and in a Person of quality it can be no wisdom , to ●eap Hedg and Ditch , and adventure his neck , for gathering forbidden fruit before it be ripe , when as by waiting the seasonable time , he may be sure to finde the Gates of the Orchard open , and with freedom , to enter , take , and tast at liberty . Sure it were a weakness and unworthiness in me to come in as an Usurper , with offence and scandal to the Laws , and present Estate of Government , when I may in the right time clame the Crown as nearest Heir to the Prince deceased , and possess it with equity . Should I , out of untimely ambition break the long continued and faithfully preserved Amity , that by the proof of many mutual kinde offices hath taken root amongst us , were an error inexcusable . And though I do acknowledg your kind● affection in the offers you make of assistance ; I must tell you freely , That no Prince can presume of any Subjects loyalty to himself , that hath been unfaithfull and unsound to his own Sovereign ; nor could I ever look to be secure in a Kingdom so traiterously disposed . And adviseth the Earl , To forbear such Letters , and when he did write , ( which he wished but rarely , and not but in great occasion ) to beware of any thing justly to offend the Queen ; lest by interception or other misadventure , he might be disabled to serve him hereafter . The Spaniards driven out of Ireland , Ter Oen retires to his Fastness in Ulster , the Deputy pursues him with a great Army , burn , kill , and take all that come in their way of enmity , divers of the chief Rebells submit , whom the Deputy receives to favour and preferment , somewhat ( the common sense ) before others , of that Nation , always loyal ; It was his wisdom so to do , to quiet the Kingdom , and quench the issue of Bloud , by forgeting rather injuries past , than for the present to reward the merits of others , much deserving . And it took effect also in the person of Ter Oen , who tired with treachery , his best defence , and weared with a world of miseries , in this time of Rebellion , having leisure , whilest he lurked , to meditate and bring all together to the sadness of his soul ; he humbly offers his submission to the Queen , and prays for pardon , which she in distemper of health authorized the Deputy to promise , and to receive his subjection , which was done at Dublin , in that State of Vicegerency , the Deputy sitting in his Throne , incircled with the most of his Militia . Ter Oen , whose wicked life had brought him to misery , despicable to himself , humbled him at the very threshold of the chamber , prostrates his knees , for pardon of his many offences of God and his Sovereign , to whose princely clemency he flies , as to Anchor-hold , submits his life and fortune , having heretofore found her goodness , as he hath felt her power , now seeks for mercy as an Example to everlasting memory of her present clemency ; assuring , his years not so many , nor his body so weak in power , nor courage so cold , but that by valiant and loyal service , he may live to expiate his Rebellion . Upon this score he was taken to favour and pleasure of the Queen : now eight years after his first Rebellion brought to an happy issue , under the Lord Mountjoy the Deputy ; the long destraction whereof , added to the Queens age , often distempers of the minde , which settled into a sickness of her climaterick seventieth year ; and with a fatal longing to remove from London to Richmond , in a foul day , to talk of death , and divorce between Her and her Kingdoms , to whom she wedded her self , she said , ( When first she put on a remarkable Ring on her finger ) and never removed , till now , it was cut off . And thus sadness increasing , no wonder at what cause , for she had many ; most men , the multitude , will have one to be forsooth the want of Essex ; such also were his admirers , and none other of honesty or discretion . Indeed the French King to curry favour , had sent her Letters of suspition , That the Nobility neglected her too much , affecting the King of Scots , that the dawning of her day should S●n-set , when too timely they endeavoured to adore the morning-rise . And this was true , her Ladies weary of waiting , wish for a change , and all together , long for a Successor , whom they advise to be sent for . The Queen not so sick but to see this , and complain'd , That being yoaked she could trust to none , and her Estate turned top-side turvey . She was told also , the frequent poasting to Scotland , at which she did not repine , having settled her affection on the Kings succession , though not necessary for her heretofore to declare . In March she hastens with some symptoms of deaths approach ; very froward and pettish , evermore declining Physick , and now onely took Medicines for the souls health , communicated to her by the Arch-bishop of Canterbury in Discourse and Prayer . The Lord Admiral , Lord Keeper , and Secretary Cecil , came from the Council , to know her pleasure for her Successour . She said , My Throne is for a King , none other shall succeed me . Ce●il asked her , What King ? She said , What other King than my Kinsman , the King of Scots ? She was frequent in Prayer , till her tongue was weakned into silence , hands weary with heaving up , or eys able to look out , then after some time , not stirring , she leisurely turned her head , with ratling in the throat , and gave up the ghost to God Almighty on that day of her Birth , from whom she had ●t , seventy years since , on a Thursday night this four and twentieth of March , the last day of the year 1602. and in the five and fortieth of her Reign , an Age and Reign not to be numbered by any one King of England before . Her Successour said as much in his Preface to his son , The like had not been seen or heard of since the days of Augustus . And one speaking of her days , We have lived ( says he ) in a tim● of miracles ; Was it not a miraculous mercy , that Queen Elizabeth that m●t●hl●ss Princess and Pearl of the World should in in these 〈◊〉 times be preserved in safety , as a sweet harmless Lamb , amidst so many merciless , Romish Wolves , who implacably thirsted for her pretious life ? Was it not a wonder , that the sacred hand of that self-same crowned blessed Lady ( next under Gods Almighty one ) should in despite of all the P●●ers of Darkness and popish rage , raise our tr●e Religion , as it were , by mirac●e from the dead , a thing which the World hoped little to see , that ●ven they which beheld it done , scarcely believed their own senses , that after the silver line of her most hououred life , should be hid in the endless maze of Gods bottomless mercies , from the fiery assaults of so many popish Bulls , such a prodigious variety of murderous complotments against her sacred person , and all these desperate Assassines of Rome , who all her life long , hunted full greedily after her virgin bloud ? And was not our Deliverance in Eighty Eight a miracle , when the Sea fought for us ? There was a Day , which ( as many of us remember ) the Papists called , The long look● for Day , the Day should pay for all ; they meant the Day when she should die ; that it would be a bloudy Day , by the uncertainty of the next Heir ; our Countrey is in the most dreadfull and desperate case , in the greatest misery , and most dangerous times that ever it was since or before the Conquest , and far worse than any Countrey in Christendom , by the certainty of the most bloudy , civil , and forein Wars ; all our wealth and felicity whatsoever , depending upon a few uncertain days of Queen Elizabeths life . Clouds of bloud ( says another ) hang in the Air , which at the death of Queen Elizabeth will dissolve and rain down upon England , which then is expected as a Prey to Neighbour Nations . These false Prophets spake this sense ; for the Sun set , and no night followed . Mira cano , Sol occubuit , Nox nulla secuta . The same mercifull hand , at the same time , crowned Queen Elizabeth with immortal glory , and set the Earthly Crown of this Kingdom upon King Iames his head , without shedding so much as one drop of bloud . Sic transit gloria mundi . Queen Elizabeth was a Princess excellent in all Tongues ; she translated the Prayers of Queen Katharine into Latine , French , and Italian ; she wrote a Century of Sentences , and dedicated them to her Father ; and translated Salustius ; she made several Orations in Latine in both the Universities ; and entertained Ambassadours always in their own Languages : many of her excellent Speeches in Parliament are in print . Queen Mary of Scotland wrote a Book of Verses in French of the Institution of a Prince , all with her own hand , wrought the Cover with her Needle , which the King Kept as a Relick of her Memory , as I have seen . The End of the first Part. REX FIDEI DEFENSOR POTENTISS : IACOBUS ▪ D. G. MAGNAE BRITANNIAE ▪ GALLIAE ET HIBERNIAE ▪ FIDEI DEFENSOR Behold Greate Britaines ▪ France and Irelands Kinge About whose Browes Clusters of Crownes doe springe Whose faith him Champion of the FAITH en-stiles Vpon whose head fortune and Honnor smiles The Rod of vice and Vertues Recompence Longe liue Kinge IAMES in all Magnificence Printed and sould by P. Stout THE REIGN AND DEATH OF King JAMES OF Great BRITTAIN , FRANCE , and IRELAND , the First , &c. The Second Part. LONDON , Printed by Henry Hills , 1655. Introduction . WE reade in Stories , how perplexed several Princes have been in some dependent policies , at their first acquisition to their Governments , especially such Sovereigns as come to their Crowns by accidents mixt with Succession : I finde not any ( amongst many ) more difficult to decide , than that which befell King Iames , and followed the death of Queen Elizabeth . The horrid remembrance of the late execution of his Mother Queen Mary , famed by all forein Nations , for a Lady that had born the Illustrious Diadems of two glorious Scepters , the one by lawfull Succession of former Kings , even from her Cradle ; the the other by powerfull Conquest of a mighty Prince , with her incomparable merit , beauty of her body , and more of her minde , living long time , to see her Son a King , renowned for wisdom , and thereby apt to apprehend , and powerfull of himself , and so fitted for Revenge . The splendour of Imperial Crowns are eclipsed by suffering such ignominy , the sacred character of Church and State defaced , the magnificence of the most secured Thrones destroyed , and Sovereignty would cease to be the image of God. But for him to ascend that Throne steeming with his Mothers innocent bloud , wrought amazement to himself ( no doubt ) and wonder to the world , what he would do in this Dilemma . Best of beauties may be discoloured , and so the complexion alters ; Christian policies are good rules for Sovereignty : we may examine his Resolution by the happy effects of his Actions . Besides , he was bound to acknowledge Truths . Her Adoption of Him to his inheritance , sweetned Him into the peoples candid Acceptation . And though by that solemn Action , on Her death-bed she gave Him but his Own ; Yet she might have rendered Her self and former Cruelty less disputable , by objecting against Him , his Mothers Religion , averse to the reformed in England ; strangers they were both ; and He Her son , whom in Iustice she had destroyed . For though her fathers will setled the succession , Her power with the people might have allowed it , she might have Married , or Created another , and so made a favorite . Or indeed ( the sure of all ) she might have setled this Nation in the people , to succeed Her as heirs to all . The times and Relations then , more likely than ●ver since as now it is . Thus she might have done , see what she did . Seing , She could not repair Her cruel Error , Yet by those means She manifested Her resentment , of what , She had done amiss , by recompensing that Evil , with this Good. And ill humour of Malice , is not easily purged , It reacheth to the Person hated ; and to all near Relations Children and Friends . And no doubt , some secret Maxime or Policie of St●te might be taken up sufficient to have accused Queen Mary of Crime , and so to have put a fixed Resolution to that Action , which otherwise , in it self seems Savage . Her Adoption of Him , was of equal Ballance with His Birth-right , and ( usually ) as Venerably received , as Inheritance from Parents . T' is true , They give the Birth , but leave us , to Succession , Free Election ( as the Gift ) is most admirable , for its merits ; so ought it to be , the more Acceptable for the Miracle . The One , Natural , even to Brutes , in their Ordinary Inclinations : But Adoption operates with affection , and choice ; not from Sense , but from Reason ; and examines the Object , ere it settles the possession . And so , thus considered , she , merits Pardon ; He , Excuses . Another Relation , falls upon Her Counsellors then , the most honourable birth ; admirable in wisdom ; and Eminent in Power ; for the King to confide in These ; or They in Him. Those , that found an Executioner for Her , might in time , bring forth a Regicide for Him. See , how his wisdom , Expiates all . Those hands , that hurt Her , healed Him , who sealed to Her death , signed to His Reception . Nor , could any private malice of theirs , be directed towards Her Person , but Her Power . Necessity of State , made Them submit , to sentence Her , which otherwise , they ( perhaps ) would have spared , in Reverence to Her , and Honor to Him. And , as their Persons were Eminent , so was it hazardous for Him , to question a Crime , that He had not power , to punish . Acts they are , so different in Them , as make up the wonder in Him. How to revenge the One , and not reward the Other . Acts of Oblivion , alwaies more Noble , than Revenge . Caesars . erection , of Pompeys Statue , secured his own . Acts of Honor to others memory , reflect , in effect , upon the person present . And therefore ; He , rather chose to Court Her Counsellors with the favour of Clemencie , than to correct Them , with the Rod of Iustice. Rigour hath much of Majesty ; but Mercy hath more of Glory . The One may be more safe , the other more secure . And though Machivael , makes Fear , and Love , incompatible and inseparable : Iustice and Mercy may Kiss each Other ; we may Fear and yet Love the Lord. Virtues consist in Concatenation . He who stiled Hanibals Crueltie a Virtue , by the same Argument , concluded Clemencie a Vice. He had Examples of former Presidents ; The King of France forgat the Quarrel of the Duke of Orleans ; He did so : And more did King Iames , which over-ruled Him , to that pious , and prudent Consideration , that resolved into the most hapy Event , The aym , and End , to make His design also Practical , and His Precepts an admirable Pat●ern . And indeed , the Paths , which He alwaies walked in , were the less obvious to Common footsteps , as they were confirmed to choicer Limits : Being almost an example to Himself , and Inimitable of all ; for in His way , few went , before Him. And thus resolved , whilst Queen Elizabeths age and weakness increased , He wanted not Parasites of Her own Court , that constantly offered their Intelligence of all Her Actions and weak condition , which gave him timely occasion to consider the settlement of his affairs at home in reference to his Inheritance of England . His first was for Religion , and to judg with what affection the Kirk of Scotland had faction , with Calvins documents ; very averse from Papistrie , but subject to the Infection of Neighbour schisms ; And how to ballance them , was his work to wade through . It was no boot heretofore to strive against this stream at home , and therefore he suffered the violence to run into the usual Chanel , for that time ; Wisely weighing , the perverse peevishness of the Ministery ; And with what constitutions they had linckt themselves , with the publick affections of the People , and withall got a mixt power in the affairs of State ; And it was not , for him , to break through that Custom , which yet he foresaw must afterwards quarrel with the Customes of his successive Inheritance , where Episcopacie had fixed such firm footing . But , laying the foundation of his adventure on His own Penn ; in his Instructions to his son Prince Henry , stated to him , the estate of that Kirk . And indeed , their Reformation from Popery , as it was extraordinary , by God , so was it done Inordinately , by popular Tumult and Rebellion ; of such , as did the work ; clog'd with passion , and particular respects ( as in other Neighbouring Nations , ) fiery Spirits of the Ministry , got such a guiding of the people , in their times of confusion , partly in the Governments of his Grand-mother and his Mother ( as hath been related ) and afterwards , usurping larger liberty under four Regents in His Long Minority ; and by these occasions , setled themselves , in hope , to lead the people by the Nose , and so in all factions , then , ( and for many years before , and sythence ) to spouse any quarrel , as their own ; evermore esteeming Him , the highest evil , not by any Vice , but only , to be a King. And because , some of the Ministery , the more grave and learned , were asham'd to side with them , therefore the other sort , preached themselves , a Parity in the Church ; the Mother of Confusion , and enemy to unity . By which means , great disorder was likely to follow , which the King sought by several waies to prevent , or countermine their subtlety , with His wisdom . The professed Puritan being a Sect , whom no deserts could oblige , nor their own Oaths , or promises bind ; and whose consciences , had not more of credit , than their own conceits . And therefore , the Kings preservative , against such , was to advance learning in their Ministers . In whom truly , ●il His time , ( who was able to try Men ) it was very defective , ( taking a pride in their pretended zeal , to shadow their great ignorance in divine knowledg , making their shop dark , thereby to vent false wares to the people ) And so , to keep ballance in their different conditions , with those of the Episcopacie . And to avoid extreams , to repress the Vanity of the Precisian , so not to suffer the excess of a Bishop , and to chain them both , with such bonds and ligaments , as did preserve that Estate , from creeping into very great Corruption ; Even in the period of time when their Doctrines had amplified into Heads of very dangerous Consequence . Errors grow fastest in hot brains , but their Obstinacie therein is that dead flesh , which makes the green wound of an Error fester by degrees into the old sore of an Heresie . And for his Nobility , as they were antient , so , and oft-times in former feuds , had suckt in with their nursing , a very proud conceit of their greatness and power , ( such as it was ) among their parties of Kindred , or otherwise allied , or won by kindness to their Tenants , which evermore had a mixture of some cuning , not less to be considered than in other Peers of neighbouring Nations , I mean , the English and French , with whom that Nation had great interest . To keep those ( I say ) his own Peers in Peace , out of the sad experience of former Times , intestine Divisions , ( not occasioned as in some other Dominions , from their several changes and quarrels to Sovereignty , or Title to a Crown ) but always from private faction of their own ; to which , either party pretended the Sovereigns safety ; to settle and secure their own pretensions , by possessing of the Regents , for so heretofore they hurried his Parents , his Protectors and Him , from Post to Pillar . And therefore he preferred such as had been faithfull to his Predecessours , and to the safety of him , in his minority ( a Rule of direction herein he markt out to his Son ) keeping such , ( notwithstanding ) under his elbow , with places of Judicature or Offices of honor , so to divert them and their interest abroad . And having for some years thus settled his Kingdom , he began more particular to look upon himself , and to consider his near relation to the Crown of England , which he long lookt for , and warily expected , well knowing ( through his undoubted right ) the jealousie of Princes , upon their Successours , they too hastily coveting that , which long delay might breed to impatience : and it fell upon Him , with as much fear , as upon any Heir that our Histories can parallel , in all the Factions and Interests of neighbour Princes , wisely how to guide himself , as an accountant to the Kingdom of England . For Q. Elizabeth , after her settlement here , held it a Maxime of policy , not to publish her own Pedegree , which must draw down the Scots Line to the absolute necessity of succeeding : and yet to ballance the French , and to keep up her power over the Scots , she took upon her to meddle in all their affairs , and so to tamper with their Factions , as not to suffer the Scots Queens and others Regents there , to get to great power , which the French endeavoured mightily to promote : and therefore Maries head was the sooner strook off , to remove the dangers , and make Queen Elizabeth of more absolute authority in that Nation , which she was not over-nice to take upon her . But to amuze them and the world besides , she was ever busie with Suters , to make all men believe , she meant to marry ; which had the King opposed by any cunning whatsoever , ( if understood by Her ) he might not so easily have come to this Crown . And truly , whether his virtue and goodness ( more remark in Him than usual in Princes ) guided him in that , to depend onely upon the providence of God , for his Birth-right , or that his policy , under hand , wrought him any advantage ; certainly , the Success must crown the Work , to admiration . For , though he might not despise honest and honourable advice in such correspondence as was necessary under hand , with the Counsellours of Queen Elizabeth , to secure himself , for the time to come ; yet , we reade not of any that came to light , or so much ( in her days ) as private suspition . The Reign and Death OF KING IAMES , OF Great Britain , France , and Ireland , the First , &c. SO then , in a seasonable conjunction of things and time , he succeeded Queen Elizabeth , who departted this life on Thursday the 24th of March , 1602. at her Manour-house of Richmond , early in the morning , that day being fatal to Henry 8. and to all his Children , dying on Thursdays : and her Funerals sumptuously solemnized with all speed in April following . The same day the Lords Spiritual and Temporal assembled , and having proclamed her Death , and the Right and Title of King Iames to succeed her , being lineally expressed from Margaret eldest Daughter to Henry 7th . and Elizabeth his Wife , who was eldest Daughter to Edward 4th . and married to James 4th . King of Scotland , in the year 1503. ( just a hundred years since ) who had issue James 5th . Father to Mary the First , and Mother to this King James the Sixth , now 36. years of age , and so long King of Scotland . Then they poast Letters to the King by the hands of Sir Charls Percy Brother to the Earl of Northumberland , and Thomas Somerset Son to the Earl of Worcester , signifying the Death of their late Sovereign betwixt two and three of the clock that morning . And knowing his Right of Succession , they have made Proclamation thereof at Westminster , White-hall , and Cheapside Cross : and seeing they remain a Body without a Head , they humbly desire his M●jesty to hasten , how soon , and in what manner he pleaseth . And therein complain ( as in publick ) that Sir Robert Cary poasted from hence towards your Majesty , contrary to their consent and command , thereby as much ( as in him lay ) to prevent and anticipate their duty and respect . They acquaint the King of a fleet of ten ships royall , ready furnished for the Coast of Spain , under Command of Sir Richard Lawson , whose Commission no● ceasing , by the Queens death , they desire his Majesties pleasure , whether they shall guard the Narrow Seas , or be c●lled to the Coast of Scotland as a Convey , for the Kings use . Dated in London . And therefore Robert Leigh Maior Signed first . But as in this letter , so it goes in Common report , that Cary ( let out by his father Hunsdon Lord Chamberlain ) came first to the King upon his own score ; But secretary Cecills secret Packquets went before him or these letters , or else he had little credit in his own Commands . The King communicates these letters to his Lords , and returns them his acknowledgment of their dutifull affections . He confirms for the present all Offices Civil , & Martial , as at the Queens death , til his farther pleasure . Dated the 28. and 31. of March , which the Lords heer proclaim , the 5. of April after . And though the King sets forth his interest , of succession commanding both Nations in unity of duty to him , and brotherly affection to each other , yet did the Scots Borderers make Inrodes into England , which was severely punished , and all for Example executed to death . The King orders his Journey the 5. of April , the Queen to follow 20. da●es after , Prince Henry , Duke Charles , and Princess Elizabeth , at further pleasure . Brings with him those of the greatest birth and most interest in the blood royall , who though farr enough off to follow after his Numerous issue , of a teeming fruitfull Consort , yet too neer to be trusted at home . And each one of them begat trouble and charge upon him , ever after , to reward , or to raise them up , beyond any desert ; in both , he was wisely regarding . Those were Lenox , Hamelton , Arguile , Mar , Kinloss , and Lord Hewm , and a couple of Knights Sir George Hew● and Sir Iohn Ramsey , of neer affection with the King. So it became his future security & advantage , to caress those , that ushered him in and had underhand merited somewhat , from former very late advise and Intelligence , how to correspond with his jealous Predecessor ; we may conceive those then in being , ( for most of the old Ones , out-liv'd not that their policie ) were the Howards , and Percies , and Caecils . The first of them of high birth and former merit , the Linage of the late Duke of Norfolk , who suffered under the Axe for his affection to this Kings Mother , as aforesaid anno 1569. And his brother Henry Howard with the Lord Cobham , were the first of Eminencie , that met the King at Barwick . The last , of great wisdom , and experience , for the Kings urgent affairs to make proper use of . And at York , Thomas Cecil , Lord Burghley , President of the North , receives him , who comes on with his Train , and needed no other Guard , than the affections of the People that hurried him forward , with Excessive Acclamations ; soon forgetting ( as the manner of the Multitude ) their late Sovereign , in the hope of a likelyer change in a King , with which for many years , this Nation had been really unacquainted . And so was He feasted by the way freely , at each Residence of his Person where he lodged , untill he came unto Godmanchester , in the Country of Northampton , where they presented him with 70. Teem of Horses , fairly traced , unto as many new Ploughs in honor of Tillage ; A Custome very antient , when their Sovereigns pass that Town , being his Tenants , and holding their land by that Tenure . The King told them , He liked their ayre so well , and took their gift so kindly , as ( but for undoing such good people , in their bounty ) to visit them often ; which afterwards he performed ( that Custome being but for the first time ) to the comfort of that Town and County . At Broxborn his next Gest , there met him the gravity of the greatest Officers ; Egerton Lord Chancellor , Buckhurst Lord Treasurer , Howard Lord Admiral ; with the most of the Council and Nobility ; At Ware the King came to Wiggen , heretofore so base a Cottage , as begat a saying , If a Man would answer the Asker as in despair , That it should be granted , when as the King comes to Wiggen . And at Theobalds , the seat of Sir Robert Cecil , Secretary of State , he stayes for four dayes Entertainment , where were made of his Council these Scotish Lords , Lenox , Mar , Hew● , Elphington , and Kinloss . And of English , Henry Howard and his Nephew Thomas Howard , brother and sonne to the late Duke of Norfolk ; and 28. Knights-Bachelors dubbed . The Name Knight is from Knecht a German word , an Institution of dignity , by that Noble and ancient Nation . Tacitus saies , the manner was not for any to take Arms , before the State allowed him sufficient ; and then some one of the Princes , or the father of the young-man ( termed Knecht ) furnished him with a Shield and a Javeline , ( as the Romans did virili toga ) the first honor done to youth , and afterwards , members of the Common-weal . This being the first and simple manner of Creation , they were afterwards styled Bachelour Knights . Baccalarius , quia olim coronabantur lauro cum baccis . Vel potius , quia Bedellus ipsis aureum baculum ex●ibebat cum ad concilia irent . Vnde primus gradus in professione scientiarum est Baccalauri ; secundus Licentiati ; ultimus doctores . Indeed as he is ; so Baccalaureus , or Batalareus dicitur is Miles , qui jam semel praelio sive Bataliae interfuit , collatis signis , et manum cum hoste conseruit . And thus for the Name . Their dignity was from serving on Horse-back , so the Italian call them Cavaileiri , the French chivalier , the Germanes Roisters , all of riding , the Latines equites aurati ; for properly being created with sword and girdle , guilt spurs were added , for more necessary Ornament . The original dignity was given to Marshall men ; but since , in all Nations , it is bestowed on men of peace and merit ; the better , ( in civile policie ) to level the service at home , with that abroad . Tullie sayes , Parva sunt foris arma , nisi est consilium domi . And of late , his dignity is called dubbed , because the man kneels down , and the Sovereign lightly layes a sword upon his shoulder , saying sois chevalier nome de dieu , and afterwards he sayes Avances chevalier . It seems to be done as it were upon the sodain , in the field ; and thereupon are called in our Law Miles , a militia . But the King may do it by Patent ; And though the first in Title by Institution , yet are they the last in degree of honor , which dies with them . There had been anciently another degree of Knight-hood made by the General , under the Kings standard in the field , called Banneret ; but he was ●eacefull , and so none of them were made in his time . See after Knights Baronets , and Knights of the Garter . Being come to London ▪ his first Reception was at the Charter-house , the then Habitation of Thomas Howard ( lately made Lord Chamberlain ) for four dayes , where 80. Gentlemen were Knighted , from thence in private to White-Hall , and then by water to the Tower of London the 11. of May 1603. During his Journey hither , prisoners were set at liberty out of the Tower , and amongst others , Accessaries to Essex Treason , was Henry Wriothsly the third Earl of Southampton , made Barons by Henry the eighth , and Earls by Edward the sixth . And this man , by King Iames made afterwards Knight of the Garter , a Privy Counsellor , and Captain of the Isle of Wight , Thomas his son now Earl of Southampton 1654. Heer at the Tower He creates divers Barons . Sir Robert Caecil Baron of Essenden , Sidny of Peshnurst , Lord Knowles of Grayes , Lord Wotton of Morley . And dubbs eleven Knights . The King had knowledg of the death of Iames Beaton in France , Arch-Bishop of Glascow ; he had been consecrate Bishop at Rome 1552. and not induring the reformation of the Church , forsook Scotland , and conveyed with him to France , all the evidences of that See of Glascow , the Ornaments and Reliques of that Church , the Image of Christ in beaten gold , and of the Apostles in silver ( not over large you may believe . ) And being there Queen Mary setled her Lieger Ambassadour , when she returned to Scotland . And so continued , untill the Government of the Regents who deprived him , whom the King afterwards restores , and imployes him in Ambassies to France , being wise and faithfull to his Mother . He by Will leaves all to pious uses , for benefit of Scotish-men Scholars , and consigned the Utensils of Glasgow into the hands of the Carthusians of Paris , untill Glasgow becomes Romish . Iohn Spotswood at the Kings elbow , was soon preferred thither , and sent with the Lords to fetch the Queen . But she resolved to bring the Prince along with her self , and being refused by the friends of the Earl of Mar , til order from the King , incensed her into a sickness , and to recover her , the King humoured her willfulness , and sent home the Earl of Mar from England , to present her with her son ; but continues her anger to be debarred her desire by such a subject , whom mortally she hated ( as you have heard heretofore ) and though the King sought to sweeten her with his letters , That he ascribed his peacable reception in England unto his wisdom and late Negotiation , The Queen in fury replyed , That she had rather never see England , than be beholding to him . Whether in Malice or other defign , It was remarkable , Her studious intent , to seize the Prince to her self . And so she set forward with him and the Princess Elizabeth , who by the way , was left to the Government of the Lord Harrington . But Charles Duke of York an Infant , and sickly , came not til next year after . The Earl of Rutland was sent in Commission to the King of Denmark , to present him with the honor of the Garter , and to Baptize his first son . And Sir Henry Wootton Lieger to Venice . He was called from his private travels at Venice ; formerly known to the King , an Emissary from the Duke of Tuscane into Scotland , to forwarn him of a Treason against his Person . And was now sent again thither , Leonardo Donato being then Duke ; with whom and the Pope Paul the first , hapened two Contests ; For restraint of Lay Persons donatives unto Church-men of lands or goods without License ; for so becoming Ecclesiastick they were exempt from taxes . The other was , The imprisoning an unchast Abbot and a Canon , being conceived a diminution of the Papal Power , who therefore excommunicates the whole Republick . They fly to King Iames by their own Ambassadour here , and by Messengers and Letters ; disputing their priviledges with the Popes power , which was thus weakened by exceeding it ; and so they obtained Absolution , with much adoe , but not untill the report was , that the whole Senate would turn Protestants . Wootton continued at Venice near twenty years , with some Returns and Messages extraordinary : this Donato being the fourscore and eleventh Duke of Venice , successively , from Anno 697. having been a Republick long before , and governed by Tribunes . In Iuly was solemnly performed the Rites of St : George at Windsor , where were installed these Knights of the Garter , the Prince Henry , Duke of Lenox , Earl of Southampton , Earl of Mar , Earl of Pembroke . This most honourable Order of the Garter was instituted by Edward the third , after he had obtained many great Victories , ( K. Iohn of France , K. Iames of Scotland , being then Prisoners in the Tower of London , and King Henry of Castile the Bastard expulst , and Don Piedro restored by the Prince of Wales , ( called The black Prince ) did upon some weightier occasion , no doubt , than a Ladies Garter , erect this Order , Anno 1350. The Emblems are a Blue Garter to be worn daily , buckled on the left Leg , set with Gold or Pearl in these words , [ Honi soit qui mal y pense , ] Shame take him that evil thinketh . This Order is inferiour to none in the World , consisting of six and twenty Martial and Heroical Nobles , the King of England the chief , the rest are either Nobles of this Nation , or Princes of other Countreys , Friends and Confederates . Emperours and Kings have desired and received that Honour . The●e are depending this Order six and twenty poor Knights , with sufficient maintenance . The Officers were , the Prelate of the Garter , ( which is inherent to the Bishop of Winchester , for the time being ) the Chancellour , the Register , ( always the Dean of Windsor ) the principal King at Arms , ( called Garter ) and the Usher , ( called the Black Rod ) The site of this College is the Castle of Windsor , with the Chapel of St : George erected by Edward the third , and the Chapter-house there also . The Protector-Saint ( olim tam nobilis ) is St : George , whose Picture on horse-back , killing the Dragon , doth always hang at a Blue Silk Ribband , about each Knights neck . And the outward Vestment or Cloak hath a Star embroidered in Silver , encompassing a Shield bearing the Red Cross of England , with the Garter about it . This I mention , lest it be forgotten to after ages . Amongst sundry men of valour in antient days was George , born at Coventry in England , his Mother with childe of him , dreamed , that she conceived with a Dragon , which should be the cause of her death , but the Wizards ( Witches ) assured her to die in childe-bed of a Son , whose life and fortune shall be a mirrour to posterity ; and therefore he was brought up with a Person of Honour , with great observance , which made him capable of mighty deeds in Arms : and being famous for several Adventures , travelled to a place infested with wilde beasts , chiefly a ravenous Dragon , whom the Sorcerers pretended so far to inchant , as to be for ever satisfied with a virgin Salve , fastened to a Rock , and fitted for Sacrifice . In whose defence George fights on horse-back , with his Lance and Sword , and by his skill and force , kills him : this service done , he missed not the Merit of his Reward , Mariage with the Maid ; instructed her in Christianity , with whom he lived honourably , and died sainted for his virtues and valiant acts ; and by the Kings of England assumed for many Ages , in warlike Atchivements of Honour , to be their Patron . This story not difficult for the Moral , which served those times to instruct the ignorant with such Tales , to be told to posterity ; that the Christian Souldier in the warfare of the World , meets with Satans temptations , which by the grace of God sanctifying are overcome ; and in particular ●escues his own soul , bound under the chains of sin , to be devoured of the Devil , and which being redeemed by the merits of Christ , is maried to Him in faith , and becomes an eternal Saint in Heaven . Whether this Saint and his story ( with others ) were invented to cousen men , these Tales wrought much with valiant men at Arms ; Valour swels , when set out by Examples of Extremes , and oft times goes beyond her self in her atchivements ; conceit sometimes does things above conceit , especially when the imagination apprehends them founded in Religion . It is said by Matthew Paris , in Gulielmo secundo , pag. 57. that St : George appeared in the air with an Army of white Horses , fighting for the English at Antioch against the Turk . But to say , there was no such Saint , and to change all literal sense into an Allegory of Christ and his Church ; yet it may seem more improbable , that our English Nation , amongst so many Saints that were , would chuse one to be their Patron that was not at all , especially seeing the World in that Age had rather a glut than a famine of Saints . The intent of those times was pious , to gain credit , and to convert to Christianity ; but then , so to prosecute it , as the Papists still continue to do , must be condemned , thinking to grace the Gospel by such absurdities ; for Heaven has a Pillory to punish fraus pia her self : and indeed , better to leave Religion to her native plainness , than to deck her with counterfeit dress . And there were created at Windsor these Earls , Thomas Howard Earl of Suffolk , Montjoy Earl of Devonshire ; and of Barons , Egerton Baron Elsmore , Russel Baron Thornhall , Danvers Lord Danvers , Grey Baron Grooby , Peters Baron Writtle , Harington Baron Eaton , which so troubles an Historian , as a wonderfull weakness in a King , and concludes against his own Argument , [ Nothing more destruction ( says he ) to Monarchy than lessening the Nobility ] But he means , increase of number lessens their value ; and hath not enlarged his reading , by knowledg of their condition in other Monarchies , Spain , France ; and yet poor enough in those places where Anarchy as yet is not come in . Originally within this Kingdom , Earldoms of Countreys ( in the antient English-Saxon Government ) were Dignities of Honour , and Offices of Justice ; they had Officers under them , as Vice-comes or Sheriffs . The Earls therefore received Sallary , the third penny of the profits of the County , of long time after the Conquest , and were inserted in their Patents of Creation , which afterwards were turned into Pensions . Of the single Earls ( not Palatine ) there were two kindes , subdivided into several Branches , either take name of a place , or without place ; those of a place , are of two kindes , either of a County , as the Earl of Devonshire , Cornwall , Kent , &c. or else of some place not being a County , as of a Town , Castle , Honour , &c. of which later sort , as antient as the Conquest , those of Richmond in Yorkshire , Clarence in Suffolk , Arundel in Sussex . Earldoms without any place , are likewise of two kindes , either in respect of Office , as Earl Marshal of England ; or by Birth , and so are all the Kings Sons ; and therefore it is a mistake to say , They are born but Gentlemen . Earls are adorned with a Cap of Honour and a Coronet , and the Body with a Robe , in resemblance of Counsellours , and are girt with a Sword , to defend their King and Countrey , Cook 17. Part. And are called by the King , his Cosins , and his Title is afterwards become parcel of his Name , and so they sign T. Suffolk . Not to speak of Barons by Prescription or Tenure . These Barons were made by Patent , as others are by Writ to Parliament ; and these by Writ were devised not before 49. Henry 3. for want of Peers , the most of them slain in the Barons Wars . Those Barons by Patent began by Richard 2. John Beauchamp being the first , and is now limited in descent , according to the Habendum , for Life , or for term , of others , as Estates in Tail. They being thus entered into Nobility , have large Privileges as Peers of the Realm . Note , that there be Lords in Reputation , onely by curtesie of Speech , not de jure , nor have privilege as Lords of Parliament , and these are the Son and Heir of a Duke , called an Earl , his eldest Son a Baron , but not in Pleadings ; and so of Daughters , stiled Ladies , by curtesie onely . On Saint Iames his day in Iuly the King and Queen were crowned at Westminster in that fatal Chair of Sovereigns anointing ; in it remains a large blackish Stone , Jacob's Pillow , ( say the Scots ) in his Ladder Dream of the Messias from his Loins ; and indeed so ceremonious he was then , that he sacrificed thereon , naming it Domus Dei ; and in his Return from Laban forgat not thereon to pay his Vows ; in which esteem , he conveyed it with his R●licks , in his general remove to Egypt ; but from thence the Israelites flying in haste , and pursued , they ( it seems ) left th●s Monument behinde ; and one Gathelus wedded to Pharaoh's Daughter ( though a stranger , observant of the Hebrews Rites ) transported it to Galicia , ( of his name Port-Gathelick ) thence by his Seed carried into Ireland , so by Ferguard sent to Penthland , ( or Scotland ) crowning their Kings thereon ; And Edward 3. brought it from thence ; Even then when grave Bards did sing that ancient Saw. Ni fallat fatum , Scoti hunc quocunque locatum Inveniunt Lapidem , regnare tenentur ibidem . The Scots sall bruke that Ream as Naitiff Grund , ( Gif Wierds fail nocht ) quhair eir this Chair is fund . Another very ancient . Post Iacobum , Iacobus , Iacobum , Iacobus quoque quintus , At sextus Iacobus Regno regnabit utroque . After a James sall be a James , a third James , and a fourth , A fifth James also , but the sixth sall sway the Scepters both . These are no conceits , [ commonly made up ere half-molded ] for they were read many Ages before he or his abortive Book were born . And with his Crown he taketh Oath , To keep and maintain the Right and Liberties of the Church ; and shall keep all the Lands , Honours and Dignities , righteous and free of the Crown of England ; and the Rights of the Crown decayed and lost , he shall call again ( to his power ) into the ancient Estate ; shall keep the peace of the Church , of the Clergy and People , and do Equity and Iustice with discretion and mercy ; shall hold the Laws and Customs of the Realm , and the evil Laws put out , to establish peace to the People ▪ and no Charter to grant but by Oath . Abridgment Henry 8. Statutes . This Ceremony ended , there were 24. Knights of the Bath invested , who were received into White-hall in the evening , and supped together in one Room , sitting by degrees , with their Escocheons of their proper Arms placed above their Heads ; they were lodged upon Pallats on the floor under their Arms , after they had been bathed in several Baths provided in Chambers ; the next morning they were apparelled in Hermits weeds , and marshalled into Saint James's Park , with loud Musick , and the Heralds going before , and so about the Courts of White-hall , and then into the Chapel , with their Reverence before the Altar-table , and the Cloath of Estate ( as at St : Georges Feast ) they take their places in stalls , theirs Arms above , and hear Service . Then each Knight with his two Esquires offered at the Altar Pieces of Gold , and so retired in the former manner to their Chambers , and then adorned themselves with Robes of Crimson Taffata , with Hats and white Feathers , and so were conducted to the King into the Presence-chamber , under the Cloath of State , who girt each of them with a Sword , and had gilt Spurs put on their Heels , dined together , and so to the Even-Song at the Chapel , where they offered their Swords . The next day in Robes of Purple Sattin , with Doctors Hoods on their shoulders , Hats with white Feathers , and so feasted again , and lodged that night as before , and the next day departed . They are dignified and distinguished from other Knights , by a Medall of three Crowns of Gold , which is hanging at a Red Ribband , which they should wear about their necks during their life . These Knights are commonly Youths of the Sons of Noblemen or Nobless . So now the King is established with all the Rites of Co●firmation in Honour and Love of his People , and may be ranked in competition with the most for the Western Monarchy , which had been hotly pursued by Henry 8. in opposition to France and Spain ; about whose time the House of Austria settled into that Design . And because we have left the King in joyfull solemnity , let us step aside out of the Court jollity , and seriously consider the cunning contrivances of neighbour Kings , heretofore for Imperial domination . It was set on work , by union of Mariage in Charles the Grand-Child of Maximilian the Emperour , of the House of Austria , and of Ferdinand of Spain , who being heir to them both , inherited also the Netherland , Arragon , Castile , Scicile , and the Indies . 1503. And because Lewis of France , as great in power , stood in Competition , the other therefore , sought to Master it , by cunning inter-marriage with Charles and his daughter Claud , which was no sooner contracted , but as sodainly crackt , and He affianced to Mary the Daughter of Henry the seventh of England , and to whose sonne Arthur Ferdinand had married Katherin his youngest daughter . 1506. This double union with England , encourages the other to break with France ; but Arthurs death , and his father soon following , and they still afraid of France , clap up a fresh match with the widdow Katherin and Henry the eighth : and a Bull ( subdated the Popes death ) dispensed with it . 1510. Henry the eighth left rich by his father , young and active , is put upon quarrels with France , that either Kingdoms might spend themselves in War , as they did in wonderfull designes ; To whose assistance , the other interpose , with either party , and with inconstancy as the necessity of State-Interest intervened . But upon Maximilians death , the Emperial Crown falls in Competition of France and Spain . Charles , now put to it , seeks to get in with England , and acknowledges the fowl Inconstancies of his Predecessors towards Henry the eighth . In which he confesses , as he was involved , so his youth and duty then , tyed him more to Obedience than Truth , but now grown a Man and Himself , the mutual dangers of either , would give assurance for his part , where otherwise ( he saith ) single faith might mistrust . Henry the eighth thus cousened into some kindness , both by his own power and purse , makes Charles Emperour , and the French King his Prisoner , 1519. And so his turn served , a peace is concluded with France , and the King of England ( at whose charge all was effected ) is left out , of any satisfaction . And to amuze him from revenge , intices Desmond to rebell in Ireland , and assisted Iames the fift of Scotland , with amunition and mony to buysie England at home , 1526. And being in this height of Imagination , to have wrought wonders , in reducing the Election of the Popes from the Cardinals to the Emperour , set others to quarrel with the Pope also , who very hapily in the nick of time , confederates with the Italian Princes , with the French , and with Henry the eighth , as Caput foederis , and so Charles is forc'd to descend : and at a Treaty at Cambray , obliged to render some Pieces to the French , and so to sit still from open violence . The General safety of Christian Princes necessarily being involved in the danger . But He begins again , and contracts to assist Henry the eighth for his Title to France ; who no sooner entered into war , and recovered Bullen , but the Emperour concludes a perpetual peace with France , and joynt confederation for restoring the Catholick Religion , which was much declined of its lustre , by the protestation of Luther and others in Germanie ; and soon after spread into all parts of Christendom . Henry the eighth wearied with other mens designes , with vast expence of blood & treasure dies , and leaves all the glory of his good actions to this son Edward the sixth , who succeeds with no advantage by these , and with less money in his purse , whose wise Counsel , meddles the less with Spain , or France ; but contracts onely Union with the German Princes , and other Allyes in confederation of Religion , that could best ballance the Emperours ambition . His successor Mary , Imbarks her body in mariage with Philip of Spain , and her Estate in war with France , and lost Calice into the bargain . 1558. Queen Elizabeth comes to the Crown , and at the Treaty of Cambray , King Philip pretends to assist her in recovery of Calais , but his own turn served , he leaves her in the lurch , to work out her own safety ; but under a feigned pretence of Mariage , wrought a stay of the Popes declaration against the Queen , grounding this favour , ( no doubt ) from his own fears , lest that a Union of France with Scotland , in the person of Mary the Mother of this King Iames , should Unite these three Kingdomes against him . How equall soever Queen Elizabeth had been for peace or war , in her own nature ; and her people humble , to follow her will in either ; yet her course , more ambitious in ballancing Neighbour Princes from overgrowing , than apt to conquer others , carried her all her life , in defensive actions at home , and abroad , and so to impoverish her Enemies , but not to inrich her self ; for by those courses King Iames found her Treasure exhausted , and the Estate of the House of Austria , in this Condition , when he came hither . As for the French King , his Crown-demain exhausted , which he endeavours to recover by Impositions ; the people light enough , the Nobility prone to dismember upon every occasion , and so not easie to be governed , for the Sovereigns Designs or Interest ; the Kingdom thereby the likelier to be cantonized by self-division , than to conquer others ; yet their native wealth and variety of Objects preserve both King and people , to live secure from their mighty Enemy the Spaniards , even by the providence of chance . I speak as it was when King Iames came here . He saw Germany upon an immoveable centre of self-greatness , governed with Bit and Bridle , by the Emperour , to do as he list with all the Princes ; or they , by love or by fear , obeying . And however the Danish King was so much of Kin , as to stick to his Brother King Iames's friendship , the benefit of his Sound , and unexhausting profit , able to second with Ships and Money and active undertaking ; yet no doubt , if to be trusted unto , with all these helps , the King might find him wary , lest by strengthening a Neighbour , himself become overmastered : And indeed too wise in common actions , to intangle his Estate , being also in those daies not so absolute , to do of Himself , without leave of his people ; what he hath done very lately against this State , in favour of the Dutch , he feels the smart , I need not repeat it . The Swede incompassed with dangers and Enemies ; the Pole pretending Title to that Kingdom ; and in Arms they were for the wager ; and defended barely enough , by the distance of Sea and Land between them . Be fi des , the Dane upon his back in all Advantages , to quicken the quarrel , though Providence since hath done wonders . The Cantons swoln big with pride and equality , divide themselves between two Monarches , France and Spain , that for each others ends , they are supported by them both , as their hired servants . Italy distinguished into Principalities , yet bundled together by common caution , restrained of their freedoms , by force of French and Spanish ; Multiply profit by strangers , and spare the pains to do it themselves ; So by this narrow kind of wisdom , become all Merchants , and abused by the Conclave and Spain , as never to be Monarchal . The Muscovite , from a Duke , grown big with a Timpanie of Titles , was kept under by the more huge and vast Enemy the Tartar , making Inrodes of barbarous Murther upon each other ; without any Interest of Christian Princes , unless sometime , the Pole ( at leasure ) quarrels for the skirt of his Empire , as he did very lately , and prevailed . Now whilst these Potentates lived , thus fettered within the narrowness of their Estates or Humours , Spain managing the Popedom , by his power in the Conclave , and pensions to the Cardinals , seemed to give law to the Western part of the Christian world ; His Mines of gold effectual , not only to carry on any design , with Fleets and Armies , where he had will or interest ; But also to make way , where he list , by corrupting the Counsels and Actions of any King , with temptation and underminings , either by his purse , or the pates of Iesuits . So that in a word , he was now grown hard to be pleased , and dangerous to be offended . Through all these Considerations King Iames comes in , to choose his Game , and through all these distempers abroad , he was to secure himself , and his new Inheritance . His safest way to take breath for the present , was to make peace with Spain first of all , and after with the rest ; ( which indeed were done together ) presuming that being in his power so to do then , it should depend on his pleasure , to break off after , or to conserve it to his death , which he did . And being a wise and wary Prince , rather solid than formal , having been well seasoned at home with practice , and broken to affairs abroad ; therefore now freed from former Distempers , he began to search into the ground of his preceding miseries in Scotland : and well assured , where the Sword bears sway , Virtue and Fortune ( the Guiders of the best of humane Action ) do not always endure the lasting , no not of the memory of the Actors . Here therefore He began to consider , what advance ambitious Princes lust after , for the present , when hazardous success hurls upon them miserable events . He was not ignorant of the interests of Christian Estates , one with the other ( as is said ) and how it concerned them to caress him for his amity . Amongst them all , whom to trust , he was not assured , and how to depend upon his new Inheritance without confederacy , might be the best Counsel , but the most difficult . He therefore ( to avoid difference with any ) made Peace with all . And as a wise King lead them the way to do so , each with other , being the surest Maxime to himself , and to the foundation of greatness , upon popular love to his Subjects , to afford them ease and justice . This Peace ever after attended his Age and Hearse , to which he always intended to fashion his Son and Successour ; but in future , fate followed the change , not without our over-hasty exception , to the Fathers settlement , mistaking it to be the consequence of evil event in the Sons succession . But we ought to know , that Events are always seated in the inaccessible Light of Gods high Providence ; and cannot be concluded but by supernatural Arguments , which must decide the miscarriages of pious Designs . — careat successibus opto , Quisquis ab eventu facta not●nda putet . We may learn his will , by the effect of his works , but not in the consequence of his proceedings ; we may discern the hand-writing of his Decree to be his Character , but not thereby his Sense ; yet this we presume to run and reade . The Providence of God is often most violent to Reason , when yet in truth it runs in its proper chanel of equity to all . His way is in the Sea , not to be always traced by steps . What confused conceits carry us on when a prevailing party succeeds in opposition to truth and justice ? But he that looks thus asquint hath an imperfect sight , not the eye of faith . The Scales of Gods Providence are never at rest , always moving ; now up , now down ; to humble , and to exalt ; to which we must submit , because we cannot comprehend . And it is a Rule derivative from hence , That where Religion is loo●est , men sacrifise their best Reason to visible Success ; and private fortune becomes their publick Profession : not remembring what Isay , says , In the path of Gods judgment we should patiently expect . We do not so by our daily censure . David was in this storm , driven to the strongest Anchor of Hope ; in the contemplation of the wicked , he was much trouble , to see them prosper , and the godly persecuted ; untill he entered into the Sanctuary of Gods universal providence , the chain whereof meets in the centre of all . Reade but the story of some Centuries of our Christian world , abreviated in the Preface of Sir Ralegh's History : How long was it , that wickedness had leave to lord it ? With what strength of policy , the Tyrants of each time , sold themselves to settle the work of sin ? And though in the period of that portion of time ( compared with everlasting ) and of our neighbour-affairs , ( with the succeeds of the vast Universe ) In these ( I say ) he religiously observes ( perchance in some ) the most notorious impieties punished and revenged , yet he could not live to finde the effects of Gods justice in so perfect an Audit , summ'd up , but that he , and we , and others hereafter , shall still remain perplext . And here in order and time , we come to consider the tempers of the Court Statists ; those in favour with their former Sovereign , had a new game to play with this King ; and such as were kept under heretofore , began now to raise their hopes and endeavours , for fresh preferment . Amongst many of sundry conditions , we fall upon the Conspiracy of a few Discontents ; and it is generally named Sir Ralegh's Treason ; so shadowed out to posterity by some late Relators , and huddled up in obscurity , as not many men in these days believe it for truth : to undeceive them , I shall give the world that story . Sir Walter Ralegh was a Gentleman of good Alliance in the West of England , and very well descended ; he began his Improvements by the University and Inns of Court ; the later was always the place of esteem with Queen Elizabeth , which she would say , fitted youth for the future . But he staid not there : and as his fate would have him , of the Sword first , so destiny drew him on , to have a mixt Reputation with the Gown ; for he was often called to counsel in her time , but never sworn . He was twice in Expeditions of Land-service in Ireland , under General Norris and Grey , as also in the Low Countreys , and a Voyage at Sea , ere he was known at Court. And such ways as these , were his introductions ( the best hopes of his Risings ) Some natural parts he had , a good wit and judgment , but his best Weapon was his Tongue , which gave him repute to be learned then , but after , he improved to more value in his future troubles , the best School to a wise man. His quarrel with Grey in Ireland was there complain'd to a Council of War , but by Reference came over to England , to the Council-Table ; Grey had the better cause , but Ralegh the advantage in pleading ; which so took them , especially Leicester , that the Queen was told the Tale , and more of him ; which begot esteem from her , and envy from others ; however , he held up , being accounted a cunning Courtier , in that ticklish Trade , whereof , he that once breaks , seldom sets up again ; but he got by those losses , and thriv'd best after such compounding . Indeed , being still under-wood , cut , and yet growing , he became , Silva caedua quae succisa renascitur , and so flourished oft times after , without absolute impute to his Princes pleasure . His Enemies of greater Rank kept him in and out , which made him then to decline himself out of the Court-rode ; in Voyages to the West Indies , Guiana , New Plantations , Virginia ; or else in some Expeditions against the Spaniard , which confirm'd him a grand Opposer of the general Peace which King Iames brought in , and that brought Ralegh to his ruine . He rose no higher than Governour of Iersey , Lord Warden of the Stanneries of the West , and Captain of the Queens Guard ; which last Place brought him to esteem at Court , but not in the State at all : and therefore most men of parts that want of their pride of Preferment , are tired with lingring expectation of change , from the settled way of Sovereignty ; which in every shift of Princes gives fair hopes to many , neither so mean nor modest , but to please themselves with Objects of Advance : So this man , ambitious of his conceited merits , put himself forward , a little too soon . Busie he had been heretofore , to speak his minde of the general affairs , and therein he pleased his late Mistress ; for then , his inclination went with the humour of those times of War ; but now , his counsel came out of season . For , at the entrance of the King , he was presented by Ralegh with a Manuscript of his own making against the Peace with Spain : it was his Table-talk to beget more esteem , which took accordingly , and the way , to unbend him , was the work of the Spanish Faction ; either to buy him out of that humour , or to abuse him into worse condition , which was effected by this way . To mould him into Treason , there was a medley of divers conditions , but the Contrivers were two Priests , Watson and Clark , and Count Arembergh Ambassadour Extraordinary for the Arch Duke , who brought in the Lord Cobham , and he his Brother , and the Parham , and others , and they the Lord Grey of Wilton : Then came in Sir Walter Ralegh , the wisest of them all , who dallied , like the Fly with the flame , till it consumed him . Willing he was ( it seems ) to know it , and thought by his wit , to over-reach the Confederates whom he knew well enough , though none but Cobham , ( for a good while ) dealt with him ; and with him Ralegh play'd fast and loose , till himself was caught in the Gin. There was one Matthew de Laurencie here at London , but a Merchant of Antwerp , with whom Cobham held intelligence , for many years before , and for some Reasons of State , connived at , by the late Queen and her Council . This man , was the property , which Arembergh used to Cobham , who was now much discontented . These three made the first step to the Contrivements , and it hath been my jealousie , ( for I laboured the truth ) that Laurencie betray'd it ; I being often present with Sir Walter Ralegh in his Imprisonment , when he privately discoursed hereof . But such Designs , like wounds , if they take air corrupt ; their Project could not be covertly carried , consisting after wards of several persons of different tempers and unsuiting souls ; and so , through the rifts and chinks of their several aims and ends , which could not be close jointed , the vigilancy of Cecil ( perhaps ) or other Counsellours of State ▪ stole a glympse of their Design , apprehensive enough , to light a Candle , from the sparks of Arembergh's Discourse . And being ripe , they were severally examined and restrained , no● without watchfull eyes on either ; then to Imprisonment , and last to their Trials before the Lord High Steward and the Peers , at Winchester , whither the Term removed , out of this evermore Pestilential City . And on the seventeenth of November , the Day of Arreignment for Ralegh , the Iury called to the Bar , against whose Persons he did not except , nor could , for they were his Pares , the most able sufficient of Middlesex , were the Fact had its Scene . The Indictment was managed by the Attourney General Sir Edward Cook , Serjeant Heal , and Serjeant Philips , drawn from the ninth of Iune , 1603. The Accusation double , against the King , and against the State ; the personal had two parts , against his life , and to disable his Title to the Crown . To the first was read Brooks Confession , that his Brother Cobham used these Speeches , That it would never be well , till the King and his Cubs were taken away ; and said , That he thought it proceeded from Ralegh . Ralegh answered , That Brooks was his Enemy ; it was replied , That Cobham was ever your Friend ; and it would seem a strange malice in Brooks , to ruine his Brother , to undo you . To the second part , there was produced a Book ( which I have read ) A Defence of the Queens Proceedings against Mary Queen of Scots : The Title could defend it self , but the matter therein meddled too much in a dangerous consequence , to the Kings Succession , and treasonable enough . Cobham had confessed , That Ralegh delivered to him that Book , and he to Brooks , and Brooks to Grey , upon Cobham's discontent . Ralegh acknowledged , that it contained matter of scandal to the Kings Title ; and that he had leave of Sir Robert Cecil ( after his Fathers death ) to look into his Study , for Cosmographical Manuscripts of the West Indies , and so lighted on this Book . Cecil then present upon the Bench , acknowledged this leave , and said , He would then , as really have trusted him , as any man , though since for some infirmities of Sir Walter , the bonds of affection were crakt ; and yet , preserving his duty to the King , which may not be dispenced withall , he swore ( By God ) he loved him , and had a great conflict in himself , that so compleat a member had fallen from the State. And this passage needs no soothing to excuse Cecil either Father or Son ; for I have heard Sir Robert Cecil when he was Salisbury to say publickly at his own Table , that he had intercepted and kept all the considerable Libells against the late Queen and this King ; but though justifiable in them as Counsellours of State , yet was it a crime in Ralegh , who never was any . And this Book , as I remember , was of one Brag or Crag a Iesuit . But Sir Walter excused all , That there was nothing acted thereby , to the Kings prejudice , for that Book was burnt , and others are in print . But to insist hereupon , Cobham had confessed , that Ralegh had agreed , that he should treat with Arembergh for six hundred thousand Crowns to advance the Title of the Lady Arabella to this Crown ; that Cobham under pretence of travelling , should prosecute this Design in the Low Countreys , Flanders , France , and Spain ; and to carry three Letters from Her to the Arch Duke , Duke of Savoy , and King of Spain ; and to promise Toleration of Religion , and Her to be disposed of in Marriage ; that at his Return , he should meet Ralegh at Jersey ( the place of his command ) and there to agree , how to dispose the money to Discontents ; and Ralegh should have seven thousand Crowns from Arembergh to himself . And further confessed , That Ralegh had instigated him to all these Treasons . And that Ralegh should say , That the best way to trouble England , was to cause Division in Scotland . To this onely of Scotland , Ralegh answered , and confessed the words , and that he had so thought these twenty years . It seems by the sequel since , in these our days , that he was not much mistaken . Laurencie confessed , To have delivered Leters from Arembergh to Ralegh , who presently with Cobham conferred thereof in private . To all these , Ralegh craved , That Cobham might appear to accuse him face to face . I may not omit this passage , that when the Confederates had suffered under some Examination , and restrained to their several Houses ; and Ralegh well knowing that Laurencie was suspected , but not examined , then did Ralegh discover in a Letter to Sir Robert Cecil , where Laurencie was in secret with Cobham , and to advise to apprehend him , and so to intercept their intelligence , whilest matters were ripe . What Ralegh's Design was herein , is not imagined , but this use was made of it , to Ralegh's ruine ; for , after that Cobham had denied much of the former stuff , upon his first Examinations , this Letter was shewed to him , under Ralegh's hand ; then Cobham in an extasie , railing against Ralegh , delivered his positive Accusation of him , as is before mentioned , and added , that after Ralegh's first Examination before the Lords , he writ to Cobham , That although he had been examined of many matters , he had cleared Cobham of all : when ( as the Lords protested ) he had not been at all examined concerning Cobham : and thereby this was inferred ( by the Council ) to confirm Cobham , to deny all , when he should be examined . Sir Walter said , That Cobham had not signed his Accusation , and that he was at the worst , but singularis Testis . To which the Lord chief Iustice gave it for Law , that it was not necessary for either . After much pleading , Ralegh urging Law and Scripture , for not admitting a single witness , to condemn , yet the Court was satisfied by the Iudges , to the contrary . Then said Ralegh , Prove it by one witness , face to face , and I will confess my self guilty . But the Iudges were of opinion , not to admit that neither ; yet Ralegh insisted thereon with many stories and Presidents , which took up much time . But being asked , Will you be concluded , if Cobham should justifie his Accusation , under his hand . To this it may be observed , that Ralegh made no Answer at all , knowing his guilt , but consented that the Iury should consult . The Kings Council being to speak last , they produced Cobham's Letter , under his hand , writ but the day before . In effect thus : That Sir Walter had writ a letter to him , wrapt in an Aple , and cast in at his window in the Tower , ten daies since , to intreat him for Gods sake to write to him under his own hand , that he had wronged him in his accusations ; advising him to be constant in denials , rather than to appeal to the King. And now ( writes Cobham ) It is no time to dissemble , and therefore protested , before God and his Angels , that all and every part of his accusation of Sir Walter Ralegh , was substantially true , and added that Ralegh had delt with him , since the Kings coming , to procure him a pension from Spain , for Intelligence . Then Ralegh rayl'd at him , confessed that letter , and produced Cobhams Answer , desiring it might be read ; which the Attorny Cook opposed , to whom Caecil replyed , Sir , you are more peremptory than honest , come you hither to direct us ? and so read it , which in effect was a Confession , That he had wronged Ralegh , and that he was Innocent . This bore date ten dayes before . And here Ralegh confessed , that Cobham had offered to him a Pension from Spain , and that he had concealed it , as loth to ruine Cobham . Then the Iury went out and returned in half an hour their verdict Guilty , So was sentence as in case of Treason , and he returned to the Tower , where he lay reprieved 12. years . And three years after that , was executed in October 1618. Two dayes before Ralegh tryal , were sentenced these ; Brook , who only excused his intentions , meerly to try faithfull Subjects , and said he had a Commission so to do , but produced none . Markham confessed the Inditement , pleaded discontent , and desired mercy . Watson confessed he had drawn in all the rest , holding the King to be no Sovereign , til he were crown'd , instancing in Saul , and Ieroboam ▪ Clark said the like . Parham and Brooksby were acquitted by the Jury . Watson , Clark , and Brook , executed . Markham , Cobham , and Grey , brought severally upon the Scaffold to die , and at the instant on the Block had their particular executions remitted by a letter to the Sheriff under the Kingsown hand , without the knowledge of any person , but Master Gibb of the Bed-Chamber , that brought it . The warrant was directed to Titchburn high Sheriff of Hampshire , for staying execution of the late Lord Cobham , Lord Grey , and Sir Gr. Markham at Winchester . 1603. Although it be true that all vell-governed and flourishing Kingdomes and Common-wealthis aire establishid by Iustice , and that these two Noblemen by birth that aire now upon the point of Execution , aire for thair treasonable practices condamned by the law , and adjudget voorthy of Execution thairof to the Ex●mple and terror of otheris ; The one of thaim , having filthily practiced the overthrow of the q●hole Kingdom , and the other for the surprize of our owin Person , yet in regaird that this is the first year of our raign in this Kingdom , and that never King was so far obleished to his people as ve have been to this , by our entry here vith so hairty and general an applause of all sorts ; Amonc quhom all the Kinne friends and allies of the saidis condamnd parsonis , vaire as fordurat and duetifull as any other our good Subjects , as also that at that very time of thair arraignment none did more freely and readily give thair assent to thair conviction , and to deliver thaim into the handis of Iustice then so many of thair neerest Kinsmen and allies ( as being Peeris ) vaire upon thair Iury , as likevaise in regard , that Iustice hath in some sort gotten course already by the Execution of the two Priests and George Brook that vaire the principal plotteris and intisaris of all the rest , to the imbracing of the sadis treasonabill Machinations ; ve thairfore ( being resolved to mix Clemenie with Iustice ) aire contented , and by theise presentis command you our present shief of Hampshiere to superseid the Execution of the sadis two Noblemen , and take them back to thair prison again qwhile our further pleasure be knowin . And since ve vil not have our Lawis to have respect to personis , in sparing the great and strikking the meaner sort , It is our pleasure that the like course be also taken vith Markham , being sory from our hairt , that such is not only the hainous Nature of the sadis codamned personis crime , but even the corruption is so great of thair natural disposition , as the care ve have for the safety and quiet of our state and good subjectis vil not permit us to use that clemencie towardis thaim quhich in our owin natural inclination ve might vary easely be perswadit unto . Iames Rex . However the King was me●cifull , yet an evil fate followed them . Grey died in the Tower , the last of his line . Cobham , Markham and others , were afterwards releast imprisonment , but died miserable poor . And Ralegh fifteen years after lost his life by the Axe for this Treason . See. 1618. I have been the more prolixe against our Adversaries , that thereby the world may judg with the Jury , of his Guilt , or innocencie . How could Wade , the Lieutenant of the Tower , who was alwaies esteemed honest , tamper with Cobham to write his Name to a Blank , to which Wade framed an accusation against Ralegh , when it appears Cobham never signed at all to any , which therefore Ralegh insisted upon , for his advantage in the tryal . But in truth , ( besides the confessions ) His fatal evidence was Cobhams own voluntary last letter overnight , writ every whit with his own hand . The King commanded ( as the Court was assured at his tryal ) that no Examinant should be wrackt , which made Captain Kemish ( the Emissary between them ) to protest afterwards in my hearing , that in truth he was threatned with the wrack , which was shewed to him , and that had he tasted thereof , it should have inforced him , to tel an odd tale , meaning of guilt . Sir Walter was admitted a chair , pen , Inck , paper , and truly he rather tired the Court and Jury with Impertinences , though he spoke well . Not much to remind what we have said concerning the humours of the Presbyterians , so throughly canvased in all our Scotish discourse . Yet at this time , they renew their former wont , as in Scotland , and begin to perplex the King at his Entrance . To pacifie such , He appoints a Conference , to be held with the Episcopacie , and Them , at Hampton Court. In the mean time to let them see what they should trust unto , he sets forth a Proclamation , Against such as seditiously seek Reformation in Church Matters ; And that the Constitution and doctrine here , is agreeable to Gods word , and near to the Condition of the primitive Church . And forewarnes them of publick invectives , gathering of Subscriptions to supplications for Reformation , savouring of Tumult , sedition , and violence ; Protesting to preserve the Estate Ecclesiasticall as politick , in such form as he found it : Reforming abuses , if they be made apparent . 14 Octob. 1603. But in truth these men were too hasty , and might well remember the King of such their behaviour in Scotland , which to prevent , he did for ever after advance the power of Episcopacie there , to even that Discipline with this in England , and to inlarge their Bishops into some Eminencie , heretofore clowded with Envy and Malice . It was now time so to do , when the Presbyterian Doctrines had amplified into these Heads . The Reformation of Religion belongs to the Cominaltie . The punishment of such Crimes , as touching the Majesty of God , doth not appertain to Kings and chief Rulers only , but also to the Body of the People . Princes , for just causes may be deposed . If Princes be Tyrants , their subjects are freed from their Oath of Obedience . Populo jus est , ut imperium cui velit , deferat . Penes populum est ut leges ferat , sunt Reges veluti Tabulariorum Custodes . The people have the same power over the King , as He hath over any Person . It were good , that rewards were appointed by the people , for such as should kill Tyrants . The People may arraign their Prince . The Minister may excomunicate Him. He that by excomunication is cast into Hell , is not worthy of Life upon Earth . Objections to some of their Doctrines , with their Answers . Custome is against such dealing with Princes . Answ. Nothing more dangerous to be followed than Custome . Ob. We must obey Kings be they good or bad . Ans. It is blasphemy to say so . Ob. Jeremie commanded obedience to Nebuchodonozer . Ans. The Example is but singular . Ob. God placeth Tyrants sometimes for punishment of the People . Ans. So doth he private then sometimes to kill them . Ob. The Iewes dealt not so with their Kings . Ans. Their Kings were not first elected by the People , but Ours have nothing but from the People . Ob. Shew an Example out of Scripture . Ans. Sundry good laws in divers Countries , though no Example in Scriptures . Ob. Saint Paul commands us to pray for Princes . Tim. 2. Ans. We may punish Thieves , and yet we ought to pray for them . Ob. Saint Paul commands us to be subject and obedient to Princes . Tit. 3. Ans. Paul writ in the Infancie of the Church , the Christian not ripe , nor rich for such a purpose ; and if Paul were now alive , he would leave Kings to be punished by their Subjects , not to be accounted any longer King , &c. These and many more such , not only held by Buchanan and Knox ▪ but by their whole Consistorians beyond seas , as Calvin , Beza , Hitamor , Ursinius Vindicae contra Tyrannos , Eusebius Shiladephus , &c. And now was their former proceedings in Scotland Examined according to their doctrines , for setting up their Co●sistorian Discipline . The Parliament in Scotland 1560. being disolved , and their Book of Discipline compiled by Knox and others , which their favourites , notwithstanding termed but a devout●Imagination , yet they threatned the chiefest Noblemen , if they should reject it : some refused , but at last it was forced upon all . They appoint their Assemblies , particular and general . They exercise Jurisdiction , and cart Saunders for Adultry . And excommunicate the whole Multitude about a May-pole . They burn divers places ( pretending of superstition ) Bishops houses , Protestants also at Pasley , the Bishop hardly escaping life . The very calling of Bishops , though Protestants became Antichristian , and command them ( by their Authority ) to leave their Offices and Iurisdiction . That they should have no voices in Parliament , and desire that such as themselves should send ▪ might vote . Commanding the King and His Council , under pain of Excommunication , to appoint no Bishops hereafter , because the Brethren had concluded that estate unlawfull . Beza , their Consistorian Patriarch from Geneva , had assured them of well doing , and moves them , Ne unqnam , &c. That they would never admit again that Plague ( Bishops ) although it might allure them of keeping Unity . The Bishops being discharged , they agreed of Superintendents ; but that device was laid aside , and afterwards conclude , that Ministers of the word , should be equal ; and then began the Presbytery to flourish . For then they usurped the whole Ecclesiastical Iurisdiction , altering all lawes as they pleased , They assembled the Kings Subjects , injoyning Ecclesiastical pains , unto them , make decrees , and execute them . They Trayterously rail against the King in their Pulpits , and being questioned , utterly disclaim his Authority , as an Incompetent Iudge . That the Pulpit matters , were exempt from the Judgment , or correction of Princes ; They prescribe lawes to the King and State. Appoint Fasts to the whole Kingdom , when their faction were to act any enterprize . Anno 1582. The King to prevent the dangerous consequence thereof , divers of them were silenced and imprisoned , but what was the Issue ? They surprize the King at Ruthen , and declare it to be done , for resisting the present dangers to Gods true Religion , and for removing from the King the chief Authors , The King being afterwards released , that act was adjudged Crimen laesae Majestatis , and some were hanged , others fled into England . Yet afterwards 1585. They avow the same , and excommunicate such as would not subscribe to Them. Another treasonable Attempt they had against the King at Sterlin , Anno 1583. So that in the Parliament , 1584. the Kings lawfull Authority Ecclesiastical was confirmed , the Bishops restored , and to be Treason for any man to procure diminution of the three Estates . The Iudgments , Senates , and Presbyterian Iurisdiction discharged . An Act made for calling in Buchanan's treasonable Book , his Chronicle , and his Iure Regni apud Scotos . That none shall preach , declame , confer , or utter scandalous words or slanders against the King or his Council , or to meddle in State-affairs , Sub poena , &c. And because they did advance their Modell , as the most agreeable to the best and most Reformed Churches against Episcopacy , it was examined the numbers that refuse their Sanedrim , besides the Eastern and Western Reformers . All in the Dutchy of Saxony , Brunswick , and Luxemburgh . All those Churches in the Countreys of the Marquesites of Brandenburgh and Badu . The Churches in the Earldoms of Henebergh , Lemings , Marisfeilt , Stalburgh , Renestern , Swatrenburgh , Wertenburgh , Hannaw , Oeting , Glick , and Leonstime . All in the Baronies of Lenefergh , Schenburgh , and Wildenfield . All the Churches of at least thirty free Cities , Many of whose Territories are as ample as Geneva , and yet none of them have received the Presbyterian Discipline . Add to these , the remainder of the Albigenses and Waldenses in Piedmont in the parts adjoyning , or of the Taborites in Bohemia ; the Lutheran Churches also in Poland , Denmark , and Swethland . And indeed , Calvin and Beza both are sufficient Judges to prove , they were no Enemies to moderate Episcopacy , but onely against Romish Hierarchy . See Calvin de necessitate reformandae Ecclesiae , and Beza de grad . Minister . Evangel . 18. Sect. 3. Themselves well knowing that Episcopacy then did direct the guidance of grave and wise Over-seers , which otherwise would fall into Schisms , and after grow into Heresies . These Items , and many more such , were put together , to set them forth in some measure , untill the Day advanced for the Conference at Hampton-court , in Iaruary . Whether was summoned by Letters , the Arch Bishop of Canterbury , the Bishops of London , Durham , Winton , Worcester , St : Davids , Chichester , Carlile , and Peterborough ; the Deans of the Chapel , Pauls , West-Chester , Salisbury , and Westminster . On the other part were these Doctors , Reynolds , and Sparks , Mr : Knewstubs , and Mr : Chaderton , Agents for the ( Millenary Plaintiffs , says the Book ) and these four were the fittest , that could be found amongst them all . The King sent for the Bishops to come before him in private , and entered their Assemblying , with a grave and princely Declaration of this his general drift ; By example of all Christian Princes , in commencements of their Reign , establishing the Doctrine and policy of the Church ; Henry 8. did it toward the end of his Reign ; Edward 6. altered more ; Queen Mary reversed all ; and Queen Elizabeth settled it as now it standeth ; His happiness is to have no cause to alter , but to confirm what he findeth , and which so affects him , that he entered into a gratulation to Almighty God , for bringing him into the promised Land , where Religion was purely professed , and to sit amongst grave , learned and reverend men , not as before , elsewhere , a King without State , Honour , or Order , where beardless boys would yet beard him to his face ; acknowledging now the Government Ecclesiastical to be approved by manifold blessings of God , increase of the Gospel , and a glorious Peace . But as nothing could be so ordered , but may have additions , and in any State , ( as in the body of man ) corruptions might insensibly grow , either through time or persons , of which some complaints have pretended Reformation : His purpose therefore was , to try the complaints and remove the occasions , if scandalous ; or to cure them , if dangerous ; or , if but frivolous , to take so much knowledg thereof , as to cast a Sop into Cerberus his mouth , never to ●ark more , to give factious spirits no occasion of boasting , and to redress what should appear fitting , without any visible alteration . And in particular the King signified , he called them alone , about some points , to be satisfied himself concerning the Book of Common Prayer and Service . Excommunication in Ecclesiastical Courts . Providing of able Ministers for Ireland . First , in the Book , [ confirming of Baptism ] as if without it the Sacrament were invalid , then were it blasphemous . Secondly , for the use ; at first indeed upon occasion , that Infants being baptized and answering by their Patrini , it was necessary they should be examined at years of discretion , and confirmed by the Bishop with a Blessing and Prayer ; but abhorred it as a Popish Sacrament and courleration of Baptism . About Absolution , that there being onely two kindes , General and Particular ; all Prayers and Preaching import an Absolution ; the other is to be applied to special parties , after a scandal and repentance are resolved . Thirdly , Private Baptism ; if private for peace , so did the Primitive Church ; if for persons , none ought but a lawfull Minister ; and therefore was earnest against Women and Layicks . Excommunication . To consider the matter , whether executed in light causes and too often ? In the persons ; why Lay-men , Chancellours and Commissioners do it ? why not the Bishops , with the Dean and Chapters , or Ministers , or Chaplains ? Ireland . This for Ireland was referred to a consultation hereafter . Confirmation . The Arch Bishop shewed the Antiquity of Confirmation from the Apostles , till of late some particular Churches had rejected it : he declared the lawfull use thereof ; and affirmed , that the Church of England did not hold Baptism imperfect without it , or added any thing to the virtue and strength thereof : this he manifested by the Rubricks in the Communion Book before Confirmation . The Bishop of London said , It did not depend onely upon Antiquity , as in Cyprian , Ep. 73. and Hierom. adversus Luciferian . but was one of the particular points of the Apostles Catechism in express words , Heb. 6. 2. and so did Calvin expound that very place , which was read and approved . That we made it not a Sacrament or Corroboration ; and yet the King was of opinion , it might rather be intituled Examination with a Confirmation . Absolution . It was cleared from all abuse or superstition , the Minister does but pronounce Absolution in general , after the Confession ; that in the Communion Book there was another particular and personal Form of Absolution for the Visitation of the Sick ; and that the Confessions of Augusta , Boheme , Saxon , which be there cited do retain and allow it , and so does Calvin approve such a kinde of Confession and Absolution . Private Baptism . That the Administration by Women and Layicks was not practised of the Church , but inquired of by Bishops in their Visitations and censured ; and although the words in the Book might seem doubtfull , yet the Compilers did not so intend them , and yet propounded them ambiguously , ( perhaps ) that it might thereby pass in Parliament , and in case of necessity onely , and was so , agreeable to the practice of ancient Church , as Acts 2. where three thousand were baptized in one day ; impossible for the Apostles to do themselves , or improbable , and besides them there were no Bishops or Priests ; and Tertullian and Saint Ambrose in Ephes. 4. are plain in that point ; laying open also the impious opinions , who think there is no necessity of Baptism ; not , as if without it God could not save the Childe ; and the case being put as incertain , if not baptized ; but , if baptized , an evident assurance , and so rather to ground upon Christ's promise , than by omission upon Gods secret judgments . The King replied , That the place Acts 2. was an act extraordinary , the Church then unsettled and ungrounded , now stablished and flourishing ; that he maintained necessity of Baptism ; as to the place of Saint John , Nisi quis renatus fuerit ex aqua , &c. was meant of Baptism ; and that fourteen Moneths ago , he did argue in Scotland against his Divines there , for ascribing too little to that Sacrament ; so that ( said he ) a pert Minister asked him , if it were so necessary , that being omitted , the Child should not be saved ? He answered , No. But if you be called ( though in private ) to baptize him , and refuse , I think you shall be damned . But he concluded , Necessity of Baptism to be necessary by lawfull Ministers , and none other , and yet utterly disliked Rebaptization , though after either Women or Laicks . Here the Bishop of Winton affirmed , that to deny baptizing by private persons in case of necessity , crossed all Antiquity ; that the Minister is not of the essence of the Sacrament , yet is he of the essence of the right and lawfull Ministry thereof ; the commission of Christ , Matth. 28. 20. Go preach and baptize . Excommunication . The King asked , Whether the Name might not be changed , and yet the censure retained ? or whether another coercion equivalent ? He was answered , that it had been heretofore often considered , but Queen Elizabeth resolved to be Semper eadem , and not to alter what she had settled . The King professing , That though he lived some time as a Ward , under Puritans , yet since he was of his Sons age , ( the Prince sitting by ) he ever disliked their opinions ▪ though he lived among them , he was not of them . Opus primae diei . The perfect Conference . The Bishops , Deans , and Doctors , ( and a Scotish Minister Patrick Galloway was admitted ) and Reynolds , Sparks , Knewstubs , and Chaderton . The King told them all the intent of the Conference , meet for every King at his entrance to the Crown ; Not to innovate the established Government , which by long experience he found was accompanied with singular blessings five and forty years , as that no Church upon the face of the earth flourished more than this of England . But first to settle an uniform Order therein . Secondly , to plant unity , for suppressing Papists and other Enemies to Religion . Thirdly , to amend abuses , being natural to bodies Politick , and to corrupt man , as the shadow to the body , which once being entered , have motion like a wheel set going ; and because complaints had been made , he thought best to summon the gravest and most learned , to hear what could be said ; and so wished the Oponents to object . They four kneeled down , and Doctor Reynolds the fore-man , after a short Preamble gratulatory , signified his Majesties summons , by virtue whereof these appeared , reducing all matters disliked to these four Heads . 1. That the Doctrine of the Church might be preserved pure , according to Gods Word . 2. That good Pastors might be planted to preach . 3. That the Church-government might be sincerely ministred according to Gods Word . 4. That the Book of Common Prayer might be fitted to more increase of piety . In the first , that the Book of Articles of Religion concluded 1562. might be explain'd where obscure , and enlarged where defective , viz. Acts 16. the words are these , After we have received the Holy Ghost , we may depart from grace : which seem to be contrary to the Doctrine of Gods Predestination and Election in Article 17. both these words might be explained with this addition , yet neither totally , nor finally ; and that the nine Assertions upon a conference heretofore at Lambeth , might be inserted into that Book . Secondly , where it is said in Article 23. that none should preach or administer Sacraments in the Congregation without lawfull calling ; he said , implied , a lawfulness for any man out of the Congregation to preach , &c. though he had no lawfull calling . Thirdly , in Article 25. touching Confirmation , grown partly of the corrupt following the Apostles , being opposite to those in the Collect of Confirmation in the Communion Book , Upon whom after the example of the Apostles ; argue ( saith he ) a contrariety each to other ; the first confessing Confirmation to be a depraved imitation of the Apostles ; the second , grounding it on their example , Acts 8. 19. as if the Bishop in confirming children , did by imposing his hands , ( as the Apostles do in those places ) give the visible graces of the Holy Ghost , &c. therefore he desired that both the contradictions might be considered , and this ground of contradiction examined . The Bishop of London first desired his Majesty , That the antient Canon might be remembred , Schismatici contra Episcopos non sunt audiendi . Secondly , that if any of these parties were in the Number of the 1000. Ministers who had once subscribed , and yet petitioned against it , they might be removed , according to a very decree of an antient Counsel , That no man should be admitted , to speak against what he had subscribed , and contrary to a statute , to speak against the Liturgie and discipline established , alleging what Master Cartwright had confirmed , that we ought rather to conform to Orders and Ceremonies to the fashion of the Turks , than to the Papists , Concerning falling from Grace , the said Bishop said , that very many Men neglecting holiness of Life , presumed of persisting in Grace , laying all their Religion on Predistination , if I shall be saved , I shall be saved , a desperate doctrine , wherein we should rather reason ascendendo than descendendo , Thus , I live in Obedience to God , In love with my Neighbour , I follow my vocation , &c. I trust God hath elected me , and predestinated me to salvation : But contrariwise they use this argument , God hath perdestinated and chosen me to life , and though I sin never so grievously , I shall not be damned , for whom he once loveth , he loveth eternally . Whereupon he shewed what was the doctrine of the Church of England , briefly , That we must receive Gods promises as they are set forth generally in Scripture , and do that will of God , which is expresly declared in Scripture . The King wished that the doctrine of Predestination be tenderly handled , lest on the one side Gods Omnipotencie might be questioned , by impeaching the doctrine of Predestination , or on the other , a desperate presumption might be averred , by inferring the necessary certainty of standing and persisting in grace . To the second it was answered , none but a Licensed Minister might preach , nor administer the Eucharist or the Lords supper , and for private Baptism ( the King said ) he had ordered already . The third point was observed , to be of Curiosity or Malice , because the Article ( there read ) These five commonly called Sacraments , Confirmation , Penance , Orders , &c. are not to be accounted Sacraments of the Gospel , being such as have grown partly of the corrupt following the Apostles , &c. Insinuateth , that the making of Confirmation to be a sacrament , is a corrupt imitation : But the Communion-Book makes it to be according to the Apostles example , which being read , the King concluded it to be but a Libel . Now for the ground thereof , it was not so much founded on the places in the Acts , but upon Heb. 6. 2. where it is made a part of the Apostles Catechism , which was the opinion of the fathers , and of Calvin and Fulk , the one upon Hebrew 6. 1. the other upon Acts 8. 27. where ( with Saint Austin ) he saith , We do not mislike that antient Ceremony ( of imposing of hands for strengthning and confirming such as had been Baptised ) being nothing else but a prayer over a Man to be strengthned and confirmed by the holy Ghost , or to receive the gifts of the holy Ghost , as Saint Ambross saith ; alluding to Heb. 6. 2 , &c. Nor ( saith he ) is it their opinion , Confirmation to be unlawful , but rather because they have not the use of this in their own hands , every Pastor in his Parish to confirm , for then it would be accounted an Apostolical institution . And indeed Doctor Reynolds seemed to grant , replying , that some diocess of a Bishop had 609 , Parish-Churches ( as London , ) it was inconvenient to commit confirmation to him alone , as impossible to examine all them . It was answered , that the Bishop usually appoints his Chaplins or Ministers to examine them , and none are otherwise confirmed but by testimony of the Parsons or Curats , where they are bred and born ; and Saint Ierome says , that the Execution was indeed restrained to Bishops only , ad honorem potius sacerdotii , quam ad legis necessitatem . Ecclesiae salus in summi Sacerdotis dignitate pendet ; cui si non Exors quaedam , et ab omnibus eminens detur potestas , tot in Ecclesiis efficerentur schismata , quot ▪ sacerdotes . It was used anciently , partly to examine children whether they had been baptized or no , for primitively baptism was administered in divers sorts . In Nomine patris et filii , &c. others In Nomine patris Majoris , et filii Minoris , as the Arrians did ; some , in nomine patris per filium , in Spiritu sancto ; others not in the name of the Trinity , but in the name of Christ , &c. Whereupon Catholick Bishops were constrained to examine them , who were baptized in remotis . The King concluded , as none should confirm , so none to preach without the Bishops License . Doctor Reynolds complained , that the Catechism in the Common-prayer-Book was too brief , and Nowells was too long , requested one uniform , and none other . It was thought reasonable , the King saying , That in Scotland every one well affected , or thought to the sonne of a good man , set out a Catechism , and what was received in one Congregation , was never accepted Orthodoxall in another , adding this gromical Canon conclusion , First , that old intricate questions might be avoyded in the fundamental Instructions of the people ; Secondly not to be such a departure from the Papists in all things , as to be therefore in error , because we agree in some . Then Doctor Reynolds moved for a new Translation of the Bible , the old ones of Henry the eighth , and Edward the sixth , being corrupt ; Instanced in Galathians 4. 2● . Psal. 101. 28. They were not obedient , For not disobedient . Psal. 106. 30 , &c. The King complained thereof , and the worst to be Geneva , the Marginal notes thereof were partial , untrue , seditious , and trayterous , as Exod. 1. 19. the note alloweth disobedience to Kings , And 2. Chron. 15. 16. The note taxeth Asa for deposing the Mother and not killing her . That errors in matters of faith may be rectified , that matters indifferent might rather be interpreted and a gloss added , concluding rather a Church with some faults then an Innovation ; and surely saies he , if these be the greatest matters , I needed not your complaints . Doctor Reynolds complained against publishing some Books unlawfull , instance that , De jure Magistratus in subditos , published of late by Ficlerus a Papist , and applyed against Queen Elizabeth , for the Pope . Bishop of London said , That the Author de Iure was a great disciplinarian , whereby it appears what advantage these Sects afforded , to the Papists , who mutatis personis , could apply their own arguments , against Protestant Princes . That for other Books lately admitted , viz : Disputes between Secular Priests , and Iesuites , the King told Doctor Reynolds , He was a better Colledg-man , than a States-man , and willed him and His associates to know , they were permitted by order of Counsel Table , whereby their schisme and his Majesties title handled , and the title of Spain confuted ; and wherein this State was cleered of putting Papists to death , not for Religion , but Treason . And thus much concerning purity of Doctrine . The second generall point . Pastors to be Resident and Learned . The King had ordered the Bishops to be carefull herein , but as subita evacuatio was per●culosa , so subita Mutatio . That there were more sufficient divines , than Maintenance , which must be first provided ; young ignorant Ministers to be removed , if old , death must make void for better ; Jerusalem could not be built in a day . It was conceived , that Lay-Patrones presented such , as liked their humour and faction , the Law admitting any mean Clerk , and if the Bishop opposed , a quare impedit is sent against him . Some moved to settle a praying Ministery another while , for there are many excellent duties in the Ministers , Absolving the Penitent , Praying for and Blessing the People , Administring the Sacraments ; but now it is concluded into one onely duty , preaching , oft time indiscreetly to the prejudice of divine service , being usual rather to walk in the Church-yard , than be at the service . The King said it was most necessary to plant by preaching , but in a Church so long established in faith , onely the Hypocrite placed all his Religion in the Ear , as an easie passage , but Prayer expressed the hearts affections , and the true devotions of the mind , puts us to over-much trouble . There ought to concur in prayer , an unpartial consideration of our own estates , a due examination to whom we pray , an humble confession of our sins , hearty sorrow , and repentance not severed from faith . In the mean time that Homilies might be read ; every Man that can pronounce well , cannot perhaps indite well ; to which the Adversaries confessed . They were told of the Pulpits , made by them Pasquils , a lude custome to traduce . Thrird and fourth general heads mingled together . Here indeed Doctor Reynolds skipt over the third point into it , urging Subscription as an Impeachment to a learned Ministery , and desired not to be exacted ; their reason , The books Apocryphal , enjoyned in the Common prayer-book to be read , were in part erroneous . Instanced Ecclus. 48. 10. That Elias was to come before Christ , and so Christ not to be come , because ( saith he ) Ecclus. useth the very words of Elias in Person , which Malachi Chap. 4. doth apply to Elias in resemblance , which both an Angell , Luke 1. 17. and our Saviour , Matth. 11. did interpret to be Iohn Baptist. He was answered with Sir Ieromes distinction , Canonici sunt ad informandos mores , non ad confirmandam fidem . The King desired an even Order . Not all Canonical books to be read in the Church , unless to be interpreted , nor any Apocrypha at all , where any error , but such as were clear with the scriptures , else why printed ? As the Maccabees , excellent to make up the story of the Jews persecution , but not to teach a man to sacrifice for the dead , or to kill himself . But the King finding them to insist so hotly against Ecclesiasticus , the place being read , he shewed who the Author was , then the cause why he did write it , next Analyzed that Chapter , shewing the precedents and consequents thereof , lastly , exactly and divinely unfolded the sum of that place , arguing and demonstrating , that whatsoever Ben Sirach had said there of Elias , Elias had in his own person while he lived performed and accomplished ; So that the Susurrus at the first mention , was not so great , as the astonishment was now at the Kings sodain sound and admirable interpretation , concluding , that the opposers did ill , to impose upon a Man that was dead , a contrary sence ; and ( smyling ) told the Lords , what , trow yee , makes these men so angry with Ecclesiasticus , without doubt , they take him for a Bishop ? 2. The next objection was that old Crambe ●is posita . Jesus said to his Disciples , when by the Original , he spake to the Pharises ; but bearing a double sence , Disciples was to be left out , or in a different letter . 3. The third Objection against Subscription were Interrogatories in Baptism propounded to Infants ; that out of Austin , Baptizare was credere . The King said , Ego non intelligo . Bishop Winton aiming at his meaning , shewed the use thereof out of Saint Austin , and the reason , Qui peccavit in altero , credat in altero . It was seconded by the King , That the Question should be propounded to the party whom it principally concerned , as ( saith he ) by example of my self , to whom Interrogatories were propounded , when he was crowned in his infancy in Scotland . Then Mr. Knewstubs fell out with the Cross in Baptism ; first , as the offence of weak Brethren , Rom. 14. & 1 Cor. 8. the consciences of the weak not to be offended . It was answered , Distingue tempora & concordabunt Scripturae ; then a Church not settled , ours long flourishing ; asking them , How long they meant to be weak ? Whether five and forty years were not sufficient ? Then , who they were ? For it is not now required Subscription of Laicks and Idiots , but Preachers and Ministers ; that it was rather doubted , some of them were not to be fed with milk , being strong enough , if not head-strong , and thought themselves able to teach all the Bishops . Their Objections were , whether the Church had power to institute an external significant sign ? Answered , It was used in Baptism onely as a Ceremony , and as by their own example , who make Imposition of hands in their Ordination of Pastors , to be a sign significant ; all our actions in Prayer are ceremonies significant ; the Iews to their Moses Pasover have added signs and words , Take and eat these in remembrance , &c. Drink this in remembrance , &c. Upon which addition and tradition , our Saviour at his last Supper celebration used the same , as approving that fact of theirs , and generally that a Church may insti●ute a sign significant . Doctor Reynolds confessed the use of the Cross ever since the Apostles , but whether in Baptism , Quaere ? It was used in Baptism in the time of Constantine , who was no Papist . Mr. Knewstubs said , Though the Church had power to add significant signs , yet not to add where Christ had ordained but one ; as not to add a private Seal to the great Seal of England . It was answered , that no sign or thing was added to the Sacrament , which was fully and perfectly finished , before any mention of the Cross is made . Then it was opposed , how far such an Ordinance of the Church was binding , without impeaching Christian liberty . The King told him , He would not dispute that point , but argue as Kings speak in Parliament , Le Roy s' avisera ; adding , that it smelt rank of Anabaptism , saying , A beardless Boy ( John Black ) in a conference I had with the Ministers in Scotland , vouchsafed to say , He would conform to my Ordinances for Doctrine ; but for Ceremonies , they were left in Christian libertie to every man as he was more or less illuminated of Gods Spirit ; even till they grow mad with their own light : but I will have one Doctrine , one Discipline , one Religion in substance and ceremony . They urged the stamping the Brazen Serpent to pouder by Ezekias , because the people abused it to idolatry , and so it was abused in time of Popery . Therefore said the King , It shall continue , because you say , it was abused in Popery to superstition ; it implies , it was well used before Popery , and so now . Here the King remembered , that he had lived long with such men as these , but never of them ; they do so peremptorily disallow of all things , which had been any way used in Popery . The Papists object us with Novelties , which truly I cannot better answer , than to tell them , their abuses are new , but the good things which they abused we retain , and forsake the novel corruption ; for by the same Argument we may renounce the Trinity , and all that is holy ▪ because abused in Popery . What resemblance is there between the Brazen Serpent , a visible thing , and the sign of a Cross made in the air ? The Papists never ascribed any power or spiritual grace to the Cross in Baptism ; the material Crosses are by us demolished , as you desire , which the Papists used to idolatry . The third general Head Church-garment . Then they objected the Surplice to be a Garment used by the Priests of Isis. The King smiled , Is it now borrowed from the Heathen , which till now ye accounted a Rag of Popery ? We are not in danger of Paganism though of Papism . Antiquity always used different habits in divine Service , principally white Linnen ; and he always desired not further to separate from the Church of Rome in Doctrine or Ceremony , than she had departed from her self and her Head Christ Jesus . The fourth general Head Common Prayer . Doctor Reynolds would not have these words , With my body I thee worship . They told me it was divine worship . The King said , It was an usual English word , of Reverence , not to idolatry . But Doctor , if you have a good Wife , do her to worship , and more too . That nothing was more meant thereby , than as Saint Paul 1 Cor. 7. 4. that to worship the Wife , is for the Man to appropriate his body to her alone ; and as 1 Pet. 3. 7. To give honour to the Wife as to the weaker vessel . So to please them was added honour to the word worship . The Ring they did not except . As for Churching of Women , called Purification , the King would not alter that decent manner in matter or words , saying , Women of themselves are loth enough to come to Church , therefore all good ways to invite them . Fourth general Head. Doctor Reynolds excepted against committing Ecclesiastical Censures to Lay Chancellours , seeing their Authority in Hen. 8. time was abrogated in Queen Mary's , and not revived , and abridged by Bishops themselves , Anno 1571. ordering , that Lay-Chancellours should not excommunicate in matters of correction ; and Anno 1584 , & 1589. not in matters of instance . The King told them , He had conferred therein , and would consider . D. Reynolds desired to have Provincial Constitutions , as the Clergy to meet once in three Weeks ; first in rural Deanaries , and therein to have Prophecying . Secondly , and if not there resolved , then to be referred to an Arch Deacons Visitation : and so thirdly , to Episcopal Synod , where the Bishop with his Prebytery might determine . The King started at the word , saying , They aimed at the Scotish Presbytery ; which ( said he ) agrees with Monarchy as God and the Devil ; then Jack , and Tom , and Dick , shall meet and censure me and my Council , and all our Proceedings . Stay , if once that Government be up , we shall have work enough . Sir , said the King to Reynolds , you have spoken for my Supremacy , and you did well ; know you of any that like of the present Ecclesiastical Government , dislike my Supremacy ? He answered , No. I will tell you a Tale , After Queen Mary had overthrown Edward 6. his settlement of Religion , whereupon Mas. Knox in England writes to the Queen Regent my Grand-mother , a virtuous and moderate Princess , telling her , She was Supreme Head of the Church , charging her in Gods Name to take care of Christ's Evangil , and suppress the Prelates . But how long trow ye , held this ? Even till he and his Adherents were shuffled in , and understood matters of Reformation , declined her Authority , assuming all Ecclesiastick into their own hands , and according to more light wherewith they pretended illumination , made further Reformation . How they dealt with my good Mother , not allowing to her breeding a poor Chapel ; but her Supremacy was not sufficient Authority : and how with me in my minority , these times remember . My Lords Bishops , I thank you that these men plead for my Supremacy now ; they think you too hard for them , but by appealing unto it , as if you were not well affected ; but I say , [ No Bishop , no King ] I speak not at Random ; for I have observed some of their Gang , to pray for my Person as King of England , &c. but for Supremacy over all persons , they pass that over . If this be all you can say , I le make you subscribe , or hurry you out of England . Finis secundi Diei . The next day of Conference , appeared all the before-named , and also were admitted the Doctors of the Civil Law , Sir Daniel Dunn , Sir Thomas Crompton , Sir Richard Swale , Sir Iohn Bennet , and Doctor Drury . The Arch-Bishop presented the King with a note of those points referred to consideration , the alteration or rather explanation of them in our Liturgy . 1. Absolution or Remission of sins , in the Rubrick of Absolution . 2. In private Baptism , the lawfull Minister present . 3. Examination with Confirmation of Children . 4. Jesus said to them , in the Dominical Gospel , in stead of Jesus said to his Discipes The King reading the Common-Prayer-Book of Private Baptism ; [ They baptize not Children ] it shall be altered , They cause not Children to be baptized ; and where it is said , [ Then they minister it ] it shall be , The Curate and lawfull Minister present . Concluding , that he aimed at three things : 1. Words fit and convenient . 2. How things might be best done without appearance of alteration . 3. To be practised , that each man may do his duty in his place . The King said , 1. The parties named in the High Commission were too many and too mean. 2. The matters too base . 3. That the branches granted out to the Bishops were too frequent and large . The Arch-Bishop answered , 1. That albeit the Privy Council were in , all the Bishops , Judges of Law , and others , but their imployment hindred their sitting , unless supplied by meaner men , Deans and Doctors . 2. The fault may be mean , that the Ordinary may censure ; but often times the Delinquent might be so great and so wilfull , that the ordinary brand of the High Commission is needfull . And for the third , It was to be referred to consultation . The King was shewed the three Articles which are to be subscribed unto , viz. To the Kings Supremacy , the Articles of Religion , and Common Prayer-Book . His Majesty said , Subscription was necessary to prevent Tumults in the Church , 2ly . Because the Minister must answer for every Minister , for turpius ejicitur quam non admittitur Hospes , 3ly . As a good means to discern the parties affection , and to avoid confusion , and he that would be refractory deserved to be hanged , praestat ut pereat unus quam unitas . Touching the Oath ex Officio , the King prevented that old Allegation , Nemo cogitur detegere suam turpitudinem , said that civil proceedings only punished facts , but Ecclesiastical Courts looked unto Fame and Scandal ; that there was necessary the Oath Compurgator and ex officio , with moderation in gravioribus criminibus ; 2ly . In such of publick Fame , and to be distinguished , as in Scotland , where lying with a wench , though but suspected , was made publick , to all the states and people , at the stool of repentance . And here the King described the Oath ex officio , the grounds thereof , the wisdom of the Law therein , the manner of proceeding thereby , and the necessary use thereof , In so compendious and absolute order , as the Auditors were amazed ; the Arch-Bishop said he spake by Gods spirit . Then was committed to consultation , 1. For excommunication ; the Name or censure to be altered . 2. For the high Commission ; the quality of the Persons to be named , and the nature of the causes . 3. For Recusant Communicants ; the weak to be informed , the wilfull punished . The 4th thing consulted was , for sending Preachers into Ireland ; He being ( as he said ) there but half a King , over their Bodies , but their soules seduced by Popery , no Religion , no Obedience ; to send men of sincerity , Knowledge , and Courage . The last was for maintenance for the Clergie . Then Master Chadderton requested , that the surpliss and Cross in Baptism , might not be urged upon godly Ministers in Lancashire , lest they revolt to Popery , instancing the Vicar of Ratesdale , a Man that doled the Communion bread at the Sacrament , out of a Basket , every man putting in his hand for himself . That letters should be writ to the Bishop there , but if they were turbulent spirits , they should be inforced to conformity , and a time limitted . Master Knewstubs desired the same favour for the Godly Ministers in Suffolk not to be forced against their Credits to the surpliss and Cross. Sir , said the King , have we taken pains , and concluded of an unity and conformity , and you forsooth must preferr the credits of a few private men , before the publick peace of the Church . The Scots Argument ; because they had been long of a contrary opinion . Somewhat was said against their Ambuling Communions , and Master Chaterton's sitting Communion in Emmanuel College ▪ But finally , they all promised conformity and obedience , and so parted that Meeting . Chancellour Egerton , a wise and learned Counsellour , wondering at the Kings ready Disputes , expert and perfect in Divinity , said , That he had read , that Rex est mixta persona cum Sacerdote , and now he sees the truth thereof in him . A marvel to some , ( in these our last times ) why no more able men to be found for them but four . I shall answer with a truth , and no marvel , That some years after , when the Roles were examined , that were deposed , they were found to be but nine and fourty in all England ; when in Scotland they were reckoned above nine thousand ; so great a stir could so few make here : or else they subscribed to keep their Livings ; and no wonder ; they were ever loth to lose all , and many of them knew how to turn . And orderly afterwards the King put forth two Proclamations , the one , To satisfie his Subjects for Unifomity in Religion , according to the established Laws . And Doctor Abbot and others sent in Apostolical Embassie into Scotland , to settle the Church and spirits of the Clergy there , as he had done here , that every spirit led onely with piety , and not humour , might be therein satisfied . The other Proclamation against Iesuits expresseth , That a greater contagion to our Religion was eminent by sundry persons common Enemies to them both , namely , numbers of Priests , Seminaries , Iesuits , abounding here , of such as were before and since our coming , and with greater liberty than they durst have done ; upon confidence of innovation in Religion , and general Pardon at our Coronation , do exercise their Professions , and saying Mass , and endeavouring to seduce the Subjects from their duty to us , and to reconcile them to Rome . To prevent infection with Superstition , pernicious to the soul , and corrupt against Alleageance , is to debar the People such Instruments of infection ; and they are Priests of all sorts , ordained in forein parts , prohibited here by the Authority of the Laws of this Land. And therefore against such , they shall before the 19th . of March next depart out of this Realm and the Kings Dominions , and not to return hereafter upon penalty of the Laws in force to be inflicted without any favour . The Reasons and excuses for this seeming severity toward that sort of Subjects is enforced from the peril of his Person by late conspiracy of confusion , conceived by persons of that sort onely . And this may satisfie forein Princes , proceeds from providence , to prevent perils otherwise inevitable ; considering their submission to forein Iurisdiction , seems to dispence at pleasure , with the power of their own Sovereign , or strictest bond of loyalty and love , between a King and his People . And though it is civilly considered personal respects to the now Bishop of Rome , ( in state and condition of a secular Prince ) yet observing the course and clame of that See , no Prince of our Religion and Profession can be assured of continuance , unless by assent of other Christian Princes to a general Council free and lawfull , to pluck up those Roots of dangers and jealousies arising about Religion , as well between Prince and Prince , as between them and their Subjects ; and also to manifest that no State or Potentate either hath or can challenge power to dispose of earthly Kingdoms or Monarchies , or to dispence with Subjects obedience to their natural Sovereigns ; in which charitable action no Prince shall more readily concur his power , not onely out of particular disposition to peace with all States , but by such union , an amity might be settled to resist the common Enemy . Febr. 22. Jacobi I. This did something allay them , but not the Presbyters [ who by pens and preaching ( saies he ) strook at the very root of Hierarchy , so that it was a hard question , which of them were the most odious . ] Truly both of them , Neither Barrel better Herring , for the Papists wrought in private , and these that way also , besides their pittyfull preaching . And at this time died that learned Arch-Bishop Whitgift , a good and pious Man , whom Banckroft succeeded , no great friend to them , but to satisfie their violence he is intrusted with their directory , a Manuscript compiled as they gave out to startle the next Parliament , which they deliver to the Arch-Bishop , but he pretending to have lo●t it when it was called for , and they without any Copy , devised another so different from the former , as being afterwards compared ▪ the Parliament concluded that every new motion would alter their Model ad infinitum , so unsetled they were then , and are to this day , as never to be satisfied with any , as to our trouble and late experience hath been evident . And which this most reverend Whitgift foretold on his death-bed , the miserable effects of their violence . Et nunc domine ( said he ) exaltata est Anima mea , quod in eo tempore succubui , quando mallem Episcopatus mei deo reddere rationem quam inter homines exercere . But indeed Presbyters had so bitten the King and his Kingdom , and now at his coming it behoved him to quiet them , for as all knew it lay in his power to be Head of the Protestant Professours , so upon this new access to these Crowns , it was conceived he might alter all ancient Forms , upon a new score , who having bit on the Bridle so long at home , it would concern him now , to keep the Reins free , having entailed Precepts upon his posterity to that end , Instructions , as frontlets and chains , real and lasting , and bequeathed to them as Legacies to after age , forewarning his Son in his Basilicon Doron , not to wrest the Word of God to self-appetite . So now therefore , he resolved , to frame his own and his peoples affections to follow that true Rule of Scripture , which suffered under several Interpretations : he therefore commended it to the choice , grave , and most learned of this Nation , and commanded them , as they would answer at Gods Tribunal , to be carefull therein , painfull and just . They did so , and we have that blessing amongst us as the most perfect Translation in English of all others ; not without Exceptions in that also from our Adversaries the Papists and Sectarists . The Scripture was writ in parts , the most ancient Language was Hebrew , the most copious the Greek , and Latine the finest ; but as the Hebrews in their time accounted all Languages but their own , Lognasim , or barbarous : so then , that others might come to the waters of life , we must ( as Iacob ) role the stone from the Well , that the Sheep may drink of the waters of life ; we could not reade the Book , for it was sealed . And indeed whilest the dew lay on Gideon's fleece , all the earth was dry : but near before the time of our●blessed Reconciliation by our Saviour CHRIST , Not of the Jew onely , but of the Greek also , then God raised up the heart of a Greek Prince ( by descent and Language ) Ptolomy Philadelph King of Egypt , to procure the Translation of the Old Testament into Greek out of Hebrew , which we call the Seventy Interpreters . The Greek Tongue made familiar to most Inhabitants in Asia , by reason of their Conquests ; and also understood in many places of Europe and Africa ; but yet not so acceptable to some , no not of the Iews . For not long after Christ , Aquila , Theodosia , Symmachus , and others translate it again , these with the Seventy made up the Hexapla , and all together were compiled by Saint Origen ; yet as men they might have failings , which made the Apostles themselves to leave them , when they left the Hebrew letter . A few hundred of years after Christ , the Roman Conquests having mastered many Nations , East , West , North and South , the Old Testament spake Latine , Latini Interpretes nullo `modo numerari possunt , too man to be good , being all from the Greek ; which moved Saint Hierom , the best Linguist and most learned of his age , to translate the Old Testament out of Hebrew into Latine , most admirable . Thus was it in Greek and Latine , before that the faith of Christ was generally embraced in the Roman Empire ; but afterwards most Nations under Heaven followed their Conversions not by voice onely , but by the written Word . So then followed Gothick , Arabick , Beda into Saxon , Vallus into French , and after two hundred years , Charls the Fifth , Sur le nome Prudente , and Iohn Trevisa about Richard 2. his time , into English. The Gospels also by many , and afterwards we had it in Henry 8. his time in English ; that all men may say , As we have heard , so have we seen . The Church of Rome of long time would not admit them vulgar , in the Mother-tongue of any Nation , but onely in Latine , untill of late , permitted onely to some Professours of Papistry by licence of their Confessor , who must be sure to be soured with the Leven of their Superstition . And would you think now at this time of Translation , that our own Brethren were better content with the ancient English , so long ( say they ) in use , without any more Supervising , alteration or quaint perusal . To answer them it was said , That all ancient Translatours did review their former Works , and so got credit even with the Iews , as accurately done . So did Origen , joyned with the Hebrew Original , and the Seventyes Translation . And Saint Austin exhorted Saint Hierom to a Palinodia or Recantation . I am sure the Papists have least cause of offence from us : How oft have they altered their Service-books ? Of late Pius Quintus did ; so that every several Bishop had a different Officium . These were the justifiable Reasons that moved King Iames to command this Translation of such men as might say of themselves with Saint Hierom , Et Hebraeum sermonem ex parte didicimus & Latinum pene ab ipsis incunabilis . Nor was it hastily huddled up , ( as it is said , the Seventy did it in seventy days ) but it was done over and over again , the pains of seventy times seventy days , out of Originals , Hebrew , Greek , Latine ; consulting with the Translators , Commentators , of Chalde , Hebrew , Syrian , Greek , Latine : nor neglecting the several Translations of all the Nations of Europe , untill now that it comes out most perfect . The Psalms of David turned into Meeter , usually sung in our Churches , are the very same done into the Court English then of King Edward 6. days , by two or three godly men , but not learned , who took them from the Latine Translations commonly read in our Liturgy ; these Psalms the King wished might then receive more proper Language , and more congruous with the Text. Himself afterwards versified som , so did others very acute and learned ( such particular Psalms proper to their affections ) but the whole body was afterwards done by one , and the phrase not pleasing some peoples humours , ( who were versed in the old , and mostly gotten by heart ) they could never be admitted publick reception by command to be bound with the Bible . If fame hath nor over-spoken our Hierarchy of his time , there were not other soils that yielded either so frequent flocks , or better fed , and went not on more happily in those high steps of true blessedness , to save themselves and others in the main helps of tender Pastures and still waters ; by the one I mean an inuring of the people to the principles of Orthodox Doctrines , by the other an immunity from factions , and disturbance of the publick peace of the Church . It was the Kings observation , That partly the miscarriage of our People into Popery and other Errours , was their ungroundedness in the points of the Catechism . How should such souls be other , than turned about with every winde of Doctrine , that are not well ballasted with solid informations ? From whence it was that the King gave publick order for bestowing the later part of the Religious Day in familiar Catechizing . It was the ignorance and evil disposedness of our Cavillers that taxed this course , as prejudicial to Preaching ; yet in truth , the most usefull is Catechetical ; this lays the Grounds , the other the Walls and Roof ; this informs the judgment , that stirs up the affection ; What use is there of those affections that run before the judgment ? or of those Walls that want Foundation ? And when that was in use , I have heard it confessed by some , that have spent the greater half of their aged life in the station of Gods holy service , they repent nothing so much , as not bestowing more hours in this Exercise of Catechism , and might justly quarrel their very Sermons , and wish the greater part of them had been thus exchanged for this speaking conference . Those other divine discourses enrich the brain , and the tongue at best ; this settles the heart ; these but the descant to the plain song . And if herein Ministers be too much curious to satisfie the roving appetite of the tickling ears of curious Auditours , their favour will be no better than injurious . So may you observe an indiscreet School-master , whilest he affects the thanks of an over-weening Parent , mar the progress of a forward childe , by raising him to an higher Form and Authour , ere he have well learned his first Rules . Heat of zeal to hear , is as natural heat to the body ; there is no life of Religion without it ; but as the kindest heat , if it be not tempered with a due equality , wasts it self and the body too , so doth zeal , not moderated with discretion . It is hard to be too vehement in contending for main and evident truths , but litigious and immaterial verities may soon be over-striven , for needless seeking a scruple of truth , to spend a pound of peace . The Church of England , in whose motherhood we had just cause to pride our selves , hath in much wisdom and piety delivered her judgment of all necessary points in so compleat a body of Divinity , as all hearts might rest therein , not their truths onely , but their sufficiencies ; the voice of God in holy Scriptures , the voice of the Church in her Articles . As for her Rules , Forms and Dress , in Discipline , let it be examined whether the Luminaria magna , the Bishops were so severe , as to introduce antiquated Orders , or to impose novel Ceremonies , rather did they institute and discontinue some , though of use , yet superfluous , offensive to weak capacities , whose judgments could not concoct such fulsom matter , though palliated heretofore under lively names of Order and Decency . And yet see what Sir Walter Ralegh said then , prophetically writing the effects after such Ceremonies should cease . The reverend care ( saith he ) which Moses the Prophet and Servant of God had in all that belonged even to the outward and least parts of the Tabernacle , Ark , and Sanctuary , witnesseth well the inward and most humble zeal born towards God himself . The industry used in the framing thereof , in every and the least part thereof ; the curious workmanship thereon bestowed ; the exceeding charge and expence thereof in provisions ; the dutifull observance in laying up and preserving the holy Vessels ; the solemn removing thereof ; the vigilant attendance thereon , and the provident defence of the same , which all Ages have in some degree imitated , is now so forgotten and cast away by this super-fine Age , by those of the Family , by Anabaptists , Brownists , and other Sectaries , as all cost and care bestowed and had of the Church , wherein God is to be served and worshipped , is accounted a kinde of Popery , and as proceeding from an idolatrous disposition ; insomuch that time would soon bring to pass ( if it were not ●●sisted ) that God would be turn'd out of Churches into Barns , and from thence again into Fields and Mountains , and under Hedges ; and the Officers of the Ministery ( robbed of all dignity and respect ) be as contemptible as those places ; all Order , Discipline , and Church-government left to newness of opinion , and mens fancies ; yea , and soon after , as many kindes of Religions would spring up in Parish Churches within England ; every contentious and ignorant person pleasing his fancy with the Spirit of God , and his imagination with the gift of Revelation ; insomuch as when the truth , which is but one , shall appear to the simple multitude , no less variable than contrary to it self , the faith of man will soon after die away by degrees , and all Religion be held in scorn and contempt . Which Distraction gave a great Prince of Germany cause of this Answer to them that perswaded him to become Lutheran . Si me adjungo vobis , tunc condemnor ab alis , si me aliis adjungo , a vobis condemnor . Quid fugiam video , sed quid sequar , non habeo . The time was come the first Anniversary Celebration in England with religious Rites and sacred Ceremonies of the unfortunately fortunate Nones of August , noted in Red Letters in the Calendar , to represent the bloud of many thousand Martyrs spilt of that day , by Dioclesian in Rome ; but now to be distinguished with golden Letters in ours , in memory of two renowned Kings in these Kingdoms ; the one receiving life , the other escaped death , on this day ; the Nativity of King Oswald , who united the Crowns of England and Scotland , which were severed afterwards for many Ages , and who in the end died a Christian Martyr , and sealed it with his bloud ; the other King Iames , miraculously preserved from Gowry's Conspiracy , Anno 1600. and who now again unites these Crowns : and therefore we may change the old spell of the Martyrs , Quintum fuge into Quintum cole ; if not for the Genesis of that one into life , yet for this others Exodus out of the Chamber of death . And as this King never failed of the day Tuesday , weekly , to hear a Sermon , so neither of the Annual time unto his death , kept holy by him , and all his good Subjects : and the truth of the Conspiracy sufficiently recorded heretofore , and shall be hereafter confirmed , Anno 1608. Though our Historian died it seems of a contrary faith in that , himself being evenly conform to Gowry's loyalty , Affectiones facile faciunt opiniones ; for he passes it over with this Odiism , That Gowry assaulted him , or he Gowry . About this time a Commotion was stirred up by some Commoners against ingrossing their Ground ; when the King chanced to be invited in his hunting Journey , to dine with Sir Thomas I. of Barkshire , and turning short at the corner of a Common , happened near to a Countrey-man , sitting by the heels in the Stocks , who cried Hosanna to his Majesty , which invited him to ask the reason of his Restraint ; Sir Thomas said , It was for stealing a Goose from the Common . The Fellow replied , I beseech your Majesty be Judge , Who is the greater Thief , I for stealing Geese from the Common , or his Worship for robbing the Common from the Geese ? By my Sale , Sir , ( said the King to Sir Thomas ) I se not dine to day on your Dishes , till you restore the Common for the poor to feed their Flocks . Which was forthwith granted to them , and the witty Fellow set free , and care soon taken to quiet Commotions . The Plague ceasing , which hitherto bounded all mens expectations and persons at a distance ; the people now flock up to London , to take view how the King would settle Laws and Constitutions afresh for the people . A Parliament was expected , ( the peoples Idol in those days ) which the King considered , according to the power and interest of Lords and Commons therein ; and which thus grew up into a Body . After the period of the Saxons time in England , Herald one of the great men got power , and put himself absolute , the rest of the Satrapas call in Wi●●iam Duke of Normandy , ( an active and fortunate Prince against the French King ) the Duke leads over hither many the younger Sons of the best Families of Normany , Picardy , and Flanders : and getting this Kingdom by the Sword , he shared out his Purchace , retaining to himself a Portion in each County , and called Demenia Regnt , ancient Demeans , Crown-lands . He assigns to others his Adventurers , suitable portions to their qualities , retains to himself dependency of their personal Services , and were stiled Barones Regis , Free-holders . As the King to these , so they to their followers , subdivided part of their shares into Knights fees , and their Tenants were called Barones Comitis . The Kings gifts extended to whole Counties , or Hundreds at the least ; the Earl being Lord of the one , and a Baron of the inferiour Donations , to Lords of Townships or Mannors . As the Land was thus divided , so was Iudicature ; each severally , from the King to the meanest Lords , had their Court-Barons , yet perhaps Reddebant Iura by twelve of the Iury , called Free-holders Court , who with the Thame or chief Lords were Iudges . The Hundred was next , whence Hundredus or Aldermanus , Lord of the Hundred , wherewith the chief Lord of each Township judged within their Limits . The County or Generale placitum was next , Ubi Curiae Dominorum●probantur defecisse pertinet ad Vice-comitem Provinciarum . The last was Generale placitum apud London , universalis Synodus , the Parliament of England , consisting of King and Barons onely , who ruled affairs of State , controuling all Inferiours . So were there certain Officers of transcendent power for executing ( not bounding ) the Kings will , those were Steward , Constable , Marshal , heretofore fixed in Fee to Families ; they ( as Tribunes ) grew too bold , and their power was lessened after the death of that daring Ea●l of Leicester slain at Evesham . Henry 3. by hard experience of his Father , lessened their power , by examining their usurpations over Regality , being become Tot homines tot Tyranni . Then began the favour of Kings to the Commons in Parliament , and they to joyn with the Peers , from whence it became the wisdom of Princes , how to mannage this Government , and to maintain this Form , Lest some of this Body knit under one Head should swell and grow monstrous . And Monarchy may sooner groan under the weight of Aristocracy , as it often did , than under Democracy , which till now it never felt nor feared . The Actions of which singly are inconsiderable , after many Conjunctions grow at last into one great perfecting power , or into Destroying Factions , like smaller Brooks falling into some Main River . The Parliament of England , of long time , and at this present , was come to be a Convention of the Estates of the Kingdom , assembled by the King , of Bishops , Peers , and Peoples Commissioners . They sat in two Senate-Houses , or Chambers , named a Higher and a Lower . The Higher ( called also the House of Peers ) the Bishops and Peers , viz. Dukes , Marquesses , Earls , and Barons sit together ; with whom sit the Judges of the law , for their advice , not voice . The Lower House ( called also the House of Commons ) is constituted of Knights of the Shire ; two Elected of every Shire , and of Cities and Incorporations , one or more Burgesses . The day and place of Assembly is appointed by the King , and adjourned , removed elsewhere , and dissolved at his pleasure . The Lords or Peers are called by writs transmitted to them under the Kings hand . The Commons , by the Kings writ out of Chancery . The writ to the Peers runs thus , James by the Grace of God , &c. To the most reverend father in Christ ( so he stiles the Bishops ) Cousin , ( if he speaks to the Peers ) for as much as by the advice of our Council , upon some diffident and urgent affairs , us and the State , and defence of our Kingdom of England ; and the Church of England concernant ; We have ordained that our Parliament be held at , &c. there to consult and Treat with you and the rest of the Prelates , Nobles , and Heads , of our said Kingdom of England . We strictly charge and command you on your faith and love ( if to the Bishops ) by your fealty and Alleagance ( if to the Peers ) wherein you stand bound to us , that considering the difficulty of the said affairs , and the dangers iminent , laying aside whatsoever excuse , you be personally present on the said day and place with us , and the rest of the Prelates , Nobles , and Heads , to treat and give your advice , touching the said affairs ; and this as you tender us and our Honour , and the safety of our said Kingdom and Holy-Church , and dispatch of the said affairs , may you in no wise omit ( if he writes to the Bishops ) to warn the Dean and Chapiter of your Church , and the whole Clergie of your Diocess , that the same Dean and Arch-Deacons in their proper persons , and the said Chapiter by one , and the same Clergie by two sufficient substitutes , having plenary and sufficient power from the said Chapiter and Clergy , be personally present on the said day and place , to consent to these things , which then and there by the favor of the divine Clemencie , shall happen to be ordained by the Common advice of our Kingdom . Witness ourselves , &c. The other writ to the Sheriffs and Mayors of the Cities and Corporations , is thus . The King to the Sheriff Greeting . For as much by the advice and consent of our Council ( and so goes on as above ) and there to confer and treat with the Prelates , Peers , and Heads of our Kingdom . We strictly charge and command you , that by proclamation made in your Shire , upon the receipt of our writ , you cause two Knights , with swords by their sides , the most sufficient and discreet of the Shire , and of every City of that County two Citizens , and of every Borough two Burgesses of the most discreet and sufficient , to be freely and indifferently chosen by such as shall be present at the Proclamation , according to the form of the Statutes on that behalf set forth and provided ; And the Names of the said Knights , Citizens and Burgesses , to be inserted in certain Indentures , to be drawn between you and them , that shall be present as such Elections , whether the persons so chosen be present or absent ; And then to come at the same day and place , so that the said Knights have full and sufficient power for themselves and the Communalty of the said Shire , and the said Citizens and Burgesses for themselves and the Communities of the Cities & Boroughs respectively from the same , to do and consent to such things , as then and there shall happen by Gods assistance to be ordained by the commune advice of our Kingdom , concerning the affairs offered , so that by your neglect therein , the said affairs in any case remain not undone . Notwithstanding we will not that you or any other Sheriff of our Kingdom be chosen . At the day and place they meet at the Church first , then at the Parliament-Houses , orderly in their Robes , with solemn gate , such as might increase in the people , the authority of their siting . Then the King enters the Upper-House , and either in his own person , or by the mouth of his Chancellor , declares the weighty causes of their Assembling , in Contemplation whereof , he desires their advice , to communicate their Counsels , ( in doubtfull matters , most certain . ) That himself be present at these consultations , needs not , but only as oft as he sees good . There is no necessity after this , unless in the end of the Session , to add the strength and force of Laws , to their results . The Knights , Citizens , and Burgesses in the Lower-House , are Man by Man called forth by their Names , by some one delegated by the King , and each is made to take the Oath of Alleageance , heretofore was this . I will keep true faith and Alleageance to James by the grace of God , &c. King , His Heirs and successors : Him and them I will defend , to my utmost strength , and with the hazard of my life and fortunes , against all conspiracies and attempts against his Person , Crown , and Dignity . And lest any should dream of a Consortship in Government , there was superadded the Oath of Supremacy in these words . I A. B. do utterly testifie and declare in my conscience , that the Kings Highness is the onely Supreme Governour of this Realm , and all other his Highness Dominions and Countreys , as well in all Spiritual and Ecclesiastical things or causes , as Temporal ; and that no forein Prince , Person , Prelate , State , or Potentate hath , or ought to have , any Iurisdiction , Power , Superiority , Preheminence or Authority Ecclesiastical or Spiritual within this Realm ; and therefore I do utterly renounce and forsake all forein Iurisdictions , Powers , Superiorities and Authorities ; and do promise that from henceforth I shall ●ear Faith and true Alleageance to the Kings Highness , his Heirs and lawfull Successors , and to my power shall assist and defend all Iurisdictions , Privileges , Preheminences and Authorities , granted or belonging to the Kings Highness , his Heirs and Successors , or united and annexed to the Imperial Crown of the Realm . Thus oblig'd to their duty they chuse a Speaker , whom they accompany to the King , whose Election they desire him to ratifie , whom the King usually is pleased with , which done , the Speaker in his own and the House of Commons name gives thanks , and beseeches , That the Lower House may use their Privileges and freedom of debating ; That if any therein shall happen to be more earnest in his own opinion , his Majesty will vouchsafe not to take it ill , nor be angry , and that they may have access to the Kings Majesty or Higher House , as oft as matters require ▪ which leave being granted , they are dismissed . Both Houses have free liberty to debate of matters propounded by the King , or touching making or abrogating Laws , and to determine ; to commit to writing what is to be transmitted to each other by Messenger ; whereto if upon debate had , there ensue an assent by Votes , the consent is noted upon the top of the Bill in this form , amongst the Lords , Les Seigneurs ont assentes ; among the Commons , Les Communes ont assentes : but if they differ , both Houses ( not seldom ) meet , or else principal persons chosen out of them , to confer together in a commodious place for their meeting in the Painted Chamber ; there the Commons standing and uncovered , with great observance , receive the Lords , covered and sitting , and there they confer ; if they discord , that business comes to nothing ; but if they agree , they present it to the King , which if he allows , he writes , Le Roy le veult , and so , as by a Soul infused into a Body , it receives life , and becomes an effectual Law , forthwith to be promulgated to the People ; but when the King refuses to approve it , he writes on the top of the Leaf , Le Roy s' avisera ; sometimes he denies it in terminis , and thereupon are reputed dasht . The sacred matters the King permits not to be handled by Parliaments , but Synods , unless ( it may be ) for the force of Laws from Parliamentary Authority , which they cannot so fully obtain from their divine verity . The Deans , Arch-Deacons , Procuratours for the Chapters , as also for every Arch-Deaconry , the former being delegated by the Suffrages of the Prebendaries , these of the Ministers , meet in a place assigned to debate touching them , where having first chosen a Prolocutor in the name of the Clergy , they determine concerning Heads of Religion , Ceremonies , and other matters belonging to the Church ; as also granting of Subsidies to the King ; whose Results notwithstanding , are not obtruded on the Seculars to be observed with the Authority of Laws , untill ( as above-said ) they be allowed by assent of King and both Houses , being provided , That Civil hands should not intermeddle in these affairs . Our Chronicles tell us , That Queen Elizabeth expostulates with the Parliament , for that they had appointed a Fast without her advice , and were not restored to her favour ▪ but upon obtaining of Pardon . Both Houses have respectively their peculiar Privileges . To the higher House , not onely to give counsels and to assist in making Laws , but likewise to exercise the power of Iudicature , and so of imposing Oaths in the more weighty causes , as corruption of Iudges and Magistrates , and in last Appeals , which yet to bring back to examen , without the Kings permission and Patent , ( the Lawyers say ) is praeter-legal , nor do they so , unless the Judges of Law sitting by . The House of Commons have Privileges of supplicating and craving Right , or else the Accusers part , never challenged to it self the Office of Judg , save within their own Walls , and on their proper Members ; and that extended no farther than penalty of Imprisonment , or Mulct ; never having any right of pressing an Oath ; and therefore in a Statute the House of Commons say , That seeing Parliamentary Iudicature belongs to the King and Lords and not to the Commons , that they might not be obliged contrary to Custom to give Iudgment . If any doubt touching the Election of their Members , it was heretofore determined by the Lords House , or by the Judg of the Kings Chancery . If any of them had departed from the Houses without the Kings leave , and both Houses also , he was convened before the Kings Council-table , or Kings Bench , to undergo the penalty , and was not punished at the discretion of his own House of Commons . But they have Privilege first to debate and determine of levying money among the People . This was the temperament of King , Parliament , and People in proper parts , not harming each other ; for the Kings supreme Authority and Sword is as a sufficient power to vindicate the Laws from the Factions of the Grands and popular Tumults ; whilest in the mean time , the Lords with that chief Authority wherewith they are vested of Iudicature and Legislation , put a curb , on one hand to the Kings Tyranny ( if he extravagate ) on the other , to the tumultuating populace ; and in semblable manner , the People , by that their power of accusing whom they please , and of granting or denying moneys , are in a sufficient capacity to retrench the licentiousness of the Nobility , and of the Kings Counsellours , and break the Kings impetuous incroching on the publick . The Laws have exceedingly provided , That the freedom of voting and debating be not hindered , through fear of insolent persons ; therefore none may come into either of their Houses , with a Sword , or armed . The Members and their Servants not to be arrested for Debt , or offences , though of a mean alloy , and if any so attached , he may not be free , but by a Writ out of the Chancery . Seldom , and that upon weighty cause , would Kings create offence to so venerable an Assembly ; however it hath so faln out , that excellent Princes upon too great provocations have reprehended the Senate , and punisht some Offenders , convening them before the Judges of the Kingdom , imprisoned , fined , and put to death sometimes . Thus ( by past ) stood the state of Parliaments , when the King came in , and calls one in March ; the King , Queen , and Prince some days before rode from the Tower to his Palace of White-hall , in such Triumph as the several Pageants at each convenient place , with excellent Oratory , assured them the affections and duty of his Subjects , as they did some days afterwards when the like occasion presented them in state to this Parliament . And as usual with all Sovereigns his Predecessours , themselves or Chancellour , sweetens the Members with some Rhetorical Oration , to the purpose of calling that Assembly ; and this the King undertakes now , as best able of any Prince his Predecessours , or any other Assistant , for wit or wisdom to compare with him : and therein he lays open his heart to both Houses , in a very long Speech . But because it is in print , and bound with the Volume of his Works , I shall adventure to abreviate here , for some light to the Reader , in this History which follows . But then , in this , as in other his most eloquent and gracefull Speeches hereafter , where you meet with any of his , to turn Martial his Apostrophe upon me . Tu male jam recitas , incipit esse tuus . And first , he discovers his real constitution and thankfulness in three Forms and Reasons of his Convention of them . In the first he renders to them ( the Representatives of his People ) his Princely thanks , for their affection in receiving him in his Right to the Crown . The other two , he describes by the effect of his Actions , and shews them the blessing of his Person , in their outward Peace with his Neighbours , with whom he found this State imbroiled . Secondly , Peace within , issuing not onely by his lineal descent from Henry 7. in the union of the two Houses of Lancaster and York , but also the union of these two Kingdoms , illustrated in the conformities of Religion , Language and Manners ; in their security of salvation , encompassed with a Wall of Water , and therefore , Quae Deus conjunxit nemo separet . And he being the Husband , Head , and Shepherd , advises them to a joyfull Union , by comparison of this blessing in the Union of the petty Principalities , heretofore of this Nation , into one Kingdom ; as also the composure of divers Duchies in the entire Monarchy of France , those being happy though conjoyned by the Spear of Bellona ; but we , the greater blessing , being bound up by the Wedding-Ring of Astrea , having an appearance of perpetuity in the blessing of h●s hopefull Issue , and his profession of true Religion , which he distinguishes from the Catholick Papist , and also from another Sect ( rather than a Religion ) which he calls a Puritan Novellist , differing from Truth in a confused Form of policy and parity insufferable . He acknowledgeth the Roman-Church to be our Mother-Church , defiled with some Infirmities , as the Iews Church before Christ Crucified ▪ But as not wishing a sick man dead , but his body to be purged , Excusable in the Laicks , either as well minded subjects , inured thereto by birth and custom of Age , or young by evil Education , and therefore not to punish their Bodies , for the Errors of their Mindes . As for their Clericks , their doctrine and practice insufferable ; The Arrogancie of the Popes Supremacie in the One , and Murthering Kings in the other . Otherwise he doth reverence Antiquity , in the points of Ecclesiasticall Policie , and so cleers himself from Heresie in Faith , or Schism in Government . But with this Caution to all , as he is a friend to their Persons , so an Enemy to their Errors . Advising the Bishops , by their Exemplary Life to convince the others doctrine . The third Reason of calling this Parliament , in the action of his thankfullness is , first , in making Some Laws , by preserving the weal of the Kingdom , and in discretion , of not making too many , because In corruptissima Republica plurimae Leges ; Secondly in execution of them , by the Iudges and Magistrates ; whom he advises not to utter their affections in that Office , of Hate to a Foe , or Love to a Friend , fear to offend the Great , or pitty to the misery of the meaner , but to be blind in distinction of Persons , Handless for bribes ; and therefore describes them , three principall qualities , Knowledge to discern , Courage and Sincerity to execute . And thus having told them the three causes , tending only to his thankfullness but in divers forms . The first by Word , the Other by Actions , he concludes himself to be Inutilis servus ; His felicity consist●ng in their prosperity ; and gives them his Apologie for three things , expected from him by so many ; advancement of Honor , preferment of credit , and reward in Land. In all he hath been reasonable and honorable , for refreshing some persons that were Members of a Multitude , and if his infirmity hath exceeded , He blames the Importunity of Suters , which experience , time , and labour shall recover , to teach his Subjects not to crave , nor he to grant . The Parliament unused to Princely Eloquence and Learning withall , contracted their dutyfull affections to his Eminent virtues , and willingly understood the Kings ayme , to unite also the two Kingdomes ; which was soon put forward by proclamation of his Title of Great Britain , our coins , all Ensignes of honor quartering this Conjunction of crosses , Red cross for England , and Saint Andrews white for Scotland . And the Parliament by act , Commissionate eight Lords and twenty Commons to treat with other Commissioners Scotchmen , for the honour and profit of both Nations . The King thus far setled with his Parliament and people , not without wonder of all our Neighbour Nations , having lain at watch for conveniencie and honor , to piece with so potent a Prince , the advantages alike to either . They came almost together , The Constable of Castile from Spain , and another from the Arch-Duke , Rory Duke of Solia from France , to treat of Peace , Barnevelt from the Netherlands . Solia was a gallant Man , an excellent Courtier as they are all . His business needed no other policy of State , but to congratulate the Kings peacable and happy Possession , for they had a Leiger in Scotland , that came in with the King. But the other two were Enemies , and were to treat for establishing a firm Peace , which was granted , and do doubt they might make up of their Masters bounty to be so soon dispatcht , for France mightily opposed , and with little cunning of our Counsel , the Spaniards dealt their golden Pistols to hit the mark . And as they lay equally ready , so their desires for Convoy hither , came together and had order accordingly . Sir Robert Mansell Vice-Admiral for the Narrow-Seas attended at Graveling for the Spaniard . And his Vice-Admiral of the Fleet Sir Ierom Turner at Calais for the French , who coming first disputed the choice , and desired the Admirals ship , but being told that he was commanded by Commission for the Other ; Monsieur in much disdain , put himself in the French Passage-boat , and in a brave , bore his flag on the Top. Mansel commands Turner to shoot a warning and after to hit , who took in his flag ; but complained at Court , where his faction was powerfull : yet the Justice and honor of that old Custom and Authority , maintains his Act against them all , being in himself besides , a gallant brave Commander . The Puritan was much troubled to be ranked with the Papist in the Kings Parliament Speech , and to be termed so : and somewhat they said too saucy , and therfore were to expect more cause to chaw the cud ▪ for the King proclames all Conformity to the form of Gods Service , established in Doctrine and Discipline to Gods Word , and the Primitive Church ; that the Conference of late at Hampton Court concluded no cause of alteration , notwithstanding the fiery pretended Zelots renewed the Question in Parliament , and had been satisfied by the Kings Speeches and otherwise ; that particular and personal abuses are remediable other ways than by general alteration . That all shall conform and have warning till the last of November next , o● otherwise to dispose of themselves or Families , to other meet persons in their places , July 1604. These men were now stark mad , and intelligence hereof they send to their dear Brethren in Scotland , that they should be enforced also to conform to the utter destruction of their Sion there . To qualifie this News , another Proclamation comes out in September after , against such calumnious surmises . That the King will not alter that Form of Government , proper for their constitution , without Counsel there ; and so refers mens ●xpectation to the general Assembly to meet at Dundee in Scotland in July after . It was usual with the Presbyters in Scotland to have a general Assembly once a year , and oftner , pro re nata , upon any urgent occasion . The last was a little before the Kings coming hither , 1602. And the next this appointed at Aberdene this year , and therefore then adjourns that Meeting , ( unto which he especially had an eye , as mistrusting their ill humors ) to this Summer , 1604. And now also prorogues it to a longer day by Proclamation in Scotland . Notwithstanding thirteen of them convene at Aberdene , and in spite of the Council Authority , they formallized their Judicature by constituting a Moderator , a Clerk , and other essential Members . The Privy Council there send a Messenger accompanied with a Herald of Arms , to discharge and dissolve their Meeting . These holy Fathers in this Sanhedrim , protested , They would not , nor could , give way to the Kings sacrilegious power usurped , which properly belonged to the Church virtual the Assembly , and so sat still till they pleased , and after appointed a day for the next Assembly . The King hears of this , and commands them to be cited and punished . These men undanted , appear with a Protestation , a Declination from the Kings Council , and appeal to their own next General Assembly , as the sole and competent Judg ; and were therefore pursued criminally before their Lord Iustice General upon the Act of Parliament , 1584. for Treason . Some of them acknowledged their fault , the rest ( Zelots ) were convict ad terrorem , and banished , and after upon submission , were restored to better Benefices . The excellent Acts and Laws in this Session prorog●ed to the fifth of November , I finde our voluminous Historian passes over , excepting against their number too tedious for his brevity , being unwilling to mention any thing of so much honour to the King , though he can waste time and paper to tell you , that the blessing of his Initiation Peace and Plenty , brought idle people to Luxury ; Roaring-boys , Bravadoes , Roisters , and makes it a fault in the King , that he breeds his People no better . The Parliament began the 19. of March , 1603. and continued untill the 7. of Iuly 1604. and then prorogued unto the 7. of February . In this Parliament they made a Recognition of the lawfull descending of the Crown to the King , his Progeny and Posterity . Commissioners of England and Scotland for to treat of the Union . That no Bishop should assure Lands to the King. Former Statutes against Recusants to be executed . Divers other Statutes concerning the City and several Towns Corporate , as also other Statutes for the good of the Land. And conclude with a Subsidy of Tunnage and Poundage of Wools , &c. The Kings second Son Charls , heretofore in Scotland created Duke of Albany , Marquess of Ormond , Count Ross , and Lord of Ardmannoth , is now this year created Duke of York , by the girding of the Sword , Cap and Circlet of Gold put upon his Head , and golden Verge into his Hand , to him and his Heirs males for ever , with the Fee of fourty pounds per annum , out of the issue and profits of that County . He is made by Patent ▪ and witnessed by all the Lords of the Privy Council and other Peers of the Realm at Westminster , the 6. of Ianuary , 2. Iac. 1604. K. Edw. 3. by his Charter created Edward his eldest Son the black Prince Duke of Cornwall cum feodo , to him and his Heirs the first begotten Sons and Dukes of the same place ; so that he that is hereditable Duke of Cornwall is Dux natus , non creatus ; and the first day of his birth is in Law presumed to be of full age , and may sue out his Livery , as at one and twenty years ; and this was the first Duke in England ; the reason may be , because the Norman Kings themselves were Dukes of Normandy , for a long time they adorned none with this Honour of Duke . The Papists had very evil success in all their Designs heretofore against Queen Elizabeth and her Religion , and were somewhat quieted , in hopes that the Kings reception hither , might prove troublesom , and so proper for them to work in such waters : but the Kings late Speech was desperately understood ; for they being denied Toleration , plot his and the whole States destruction , by blowing up all in the House of Parliament ; A story so horrid , and therefore so necessary to be communicated , to the memorial of our Childrens Children . The Parliament having been twice prorogued already , in regard of the Seasons of the year and the Terms ; The time drawing near their Sitting , upon Saturday ten days before , about seven of the clock at night , a Letter sealed was delivered by an unknown Fellow unto a Foot-man of the Lord Mounteagle , Son and Heir to the Lord Morley , charging him to give it to his Lords own hands , who opening the same , found it without Date or Subscription , and in Letters not easily legible , and the matter to him , less intelligible ; but as God would have it , he in this doubt , repairs herewith to the Earl of Salisbury , principal Secretary of State , who also in some doubt of the construction , the King being absent , in his return from Roiston , they acquainted the Lord Chamberlain the Earl of Su●folk herewith , and after consultation they joyned the Lord Admiral , the Earls of Worcester and Northampton , but stayed all manner of proceeding , untill the Kings coming Thursday night next after . Salisbury shews it him . The Letter was . MY Lord , out of the love I bear to some of your Friends , I have a care of your preservation ; therefore I would advise you , as you tender your Life , to devise some Excuse , to shift off your attendance this Parliament , for God and Man have concurred to punish the wickedness of this Time. And think not slightly of this Advertisement , but retire your self into your Countrey , where you may expect the event in safety ; for though there be no appearance of any s●ir , yet I say , they shall receive a terrible Blow this Parliament , and yet they shall not see who hurts them . This counsel is not to be contemned , because it may do you good , and can do you no harm , for the danger is past so soon as you have burnt the Letter : and I hope God will give you the grace to make good use of it ; to whose holy protection I commend you . The King conceived the Letter not to be contemned , the stile quick and pithy , not usual with Libells , and judged the words [ terrible Blow this Parliament , and not see who hurts them ] to be meant by Gun-pouder , joyning thereto the other words [ For the danger is past so soon as you have burnt the Letter ] to be meant sudden and quick danger , as the blaze of Paper by fire . This was the most happy construction of [ burning the Letter ] which in truth , was onely as the ordinary advice in Letters of secrecy , to burn them , lest they should tell Tales , or bring danger to the person receiving them . However , at the next Meeting with the other Lords , it was determined to search and view the Rooms of the Parliament-Houses , by my Lord Chamberlain , to whose place it belongs , where the Vault under the Lords House was stuft with Wood and Coals , hired by Master Thomas Piercy , Kinsman to the Earl of Northumberland , for his private use , lodging in the Keepers house , one Whineyard . Piercy was a violent Papist , and Mounteagles Friend , who presently made judgment , that the Letter might come from him : so that the care and further search was committed unto Sir Thomas Knevet , a Iustice of the Peace for Westmi●ster , who the night before the Parliament , at twelve of the clock with competent assistance , at the very entrance without the Door of the Lodgings , they seize in safety one Guido Fauks , calling himself I●hn Iohnson , and Piercie's man , booted and drest so late . Then searching the Vault , and removing some Billets , they found six and thirty Barrels of Pouder , and after in Fauks his Pocket three Matches , a Dark Lanthorn , and other Implements , nay , the Watch , therewith to tell the Minutes for Execution . All which he soon confessed , and that had he been within , they should all together have found the effects of sudden destruction . About four of the clock Knevet presently acquaints the former Lords , who arise and tell the King , that all was discovered , and one man in custody . Instantly the Council convene , examine Fauks , who of a Roman resolution , refuses to discover any Complices , owns the Plot himself , moved onely for Religion and Conscience , being a Papist , denying the King to be his lawfull Sovereign , but an Heretick . But the next day carried to the Tower , and threatned with the Rack , his Roman guise visibly slackened , and by degrees he appeared , relenting , and so confessed all . That a Practice in general against the King for relif of the Catholicks was propounded to him about Easter was Twelve-moneth beyond Sea , in Flanders , by Thomas Winter , and after in England was imparted to Robert Catesby , Thomas Piercy , and Iohn Wright , and Catesby designed the way to blow up the Parliament , because ( he said ) as Religion was suppressed there , Iustice and Punishment should be there executed . Piercy hires a House near the Parliament House , and began our Mine , December 11. 1604. The Work-men were these five , and after that another , Christophor Wright : the Mine wrought to the very Wall was so thick , that we took in another Labourer , Robert●Winter ; and whilest these work , Fauks watcht Sentinel , always with Muskets and Arms , rather to die than be taken . But being half way through the thick Wall , they heard a noise on the other side , removing Sea-coals in the Cellar adjoyning , which so pat for their purpose , Piercy hired Coals and Cellar for a Twelve-moneth , and so saved their other labor , and fitted the Cellar with Wood and Pouder . That about Easter the Parliament prorogued till October , they all dispersed , and Fauks retired to the Low Countreys , to acquaint Owen with the Plot , and returned about September , and with-drew into the Countrey till October 30. That the same day of Execution , some other Confederates should have surprized the Princess Elizabeth , at the Lord Harington's in Warwickshire , and proclamed her Queen . He confessed , that others were privy to this Conspiracy . Sir Everard Digby , Ambrose Rockwood , Francis Tresham , Iohn Graunt , and Robert Keys . The next apprehended was Thomas Winter , who in some seeming compunction and sorrow , wrote his voluntary Confession . That in the first year of King Iames to this Crown , 1603. I was sent for to come up to London to Iohn Wright at Lambeth , ( called Faux Hall ) where he first informed me of this Pouder-Treason , to blow up the Parliament , that the nature of the Disease required sharp Remedy , and so we agreed ; and my Design was to go over to Bergen-op-Zome , to petition the Constable of Castile , ready there to come over Ambassadour for his Catholick Majesty , by whose means here the Catholicks might have favor ; and there I met Guido Fauks , and brings him over to Catesby about Easter Term , and met also behinde St. Clements Strand , with Piercy and Wright , where we take Oath of secrecy , hear Mass , and receive the Sacrament , ( and so sorth , as Fauks hath confessed ) onely we resolved to convey their Pouder by degrees unto Catesby's house at Lambeth , and so to be brought over by Boat when the Mine was ready , and received one Keys as a trusty man , for our purpose . In the time of their Mining , they framed their Plot into some fashion , what to do for the Duke as next Heir , the King and Prince Henry blown up , Piercy undertakes with his Confederates to seize the Duke at St. Iames , whilest most of his Servants might be about Westminster , and with Horses ready at the Court-gate , to horse him away into the Countrey , whilest most men amazed at the Blow , the Duke might easily be mastered . And for the Princess Elizabeth in the Countrey , some Friends gathered together under colour of Hunting , near my Lord Harington's , might seize her to Catesby's house , which was not far off , at Ashby , and he undertakes for that . They provide for Money and Horses , and to save as many Catholick Lords , as could be advised to forbear the Parliament . Next , that forein Princes could not be enjoyned secrecy , nor oblig'd by Oath , nor were they sure that such would approve their Plot ; if they did , yet to prepare so long before , might beget suspition : the same Letter that carried the News of the Execution , might intreat for assistance and aid . That Spain his motion ( like a large Body ) was too slow , in his preparations in the first of Extremities . France too near and dangerous , who with Holland shipping , they feared most . And because the charge of the work hitherto , lay hard upon Catesby , they called in Sir Everard Digby , who frankly lent fifteen hundred pounds to the business , and Mr. Francis Tresham two thousand pounds , and Piercy promised all the Earl of Northumberland's Rents , which he would seize , near forty thousand pounds , and ten Horses . And because they were informed that the Prince would be absent from the Parliament , they resolved of more company to seize him , and to horse him away on the other side of the Thames , and let the Duke alone . Two days after this discourse , being Sunday , comes news to Thomas Winter of a Letter to Mounteagle to advise him to absent from the Parliament , which Letter was carried to the Earl of Salisbury ; Winter tells this to Catesby and Tresham , whom they suspected : but all forswear the Letter , and resolve to see the issue , which they feared would fail of their purpose ; but on Munday , Catesby resolves to go to Ashby , and Piercy to follow . Tuesday early comes the younger Wright , and tells Winter , that he is going to call up the Earl of Northumberland at Essex house , where they both finde one Lepton got on hors-back at Essex gate , which was conceived to seek out Piercy ; but Winter going to White-hall , findes the Gates shut , and the way to Westminster guarded ; and being told that a Treason was discovered to blow up the Parliament , he hasts to his Horse and gallops down to Catesby to Dunschurch , the place of Rendezvouz . On Thursday they meet there , seize Arms at the Lord Windsors , and that night to Master Littleton's house , one of their number ; when news came that Catesby was burnt by accident of drying their Pouder , Littleton advises Winter to fly , he would not , till he might see his Friends , Catesby's body , and bury it ; but finding him reasonable well , with Piercy , Wright , Rockwood , and Grant , they all resolved to keep together , to fight and die ; when the Countrey came in , both the Wrights killed , Catesby and Piercy with one Bullet , and Winter wounded and taken . This was his Confession and true , but the whole story was thus interwoven . The News spread abroad of this Accident , being on Tuesday morning the fifth of November , and the first day of Parliament ; Winter and the two brothers Wrights hasten out of Town ; for Catesby and Piercy were gone the morning before , and all of them towards their Rendezvouz in Warwickshire , towards Coventre ; where the very next day ( about the hour that Fauks was taken at Westminster ) Iohn Grant with others his companions ( all Papists ) broke open Benock's Stable , ( a Rider of great Horses in that County ) and carried away all , being eight of them ; and so both this company , as also those which fled out of London , met at Dunchurch , Sir Digby's house , on Tuesday night , having appointed a Match of Hunting the next morning , according to their former plotting . But finding their treachery prevented , and not prevailing by a private villany , they now resolve to practise publick Rebellion , to make up their wickedness any way . And first , grounded their cause , Religion ; with some provisions of Ammunition , Army , Pouder , and Horses , they roved up and down to gather company ; by whose example it was possible , some other such like in other Counties might joyn Forces considerable to raise a Rebellion : of themselves , never in number above eighty Serving-men and Hors-boys , who were watcht hourly for fear of quitting their Masters quarrel ; and so wandring through these Counties of Warwick and Worcester , were by the Sheriff of Worcester , taken , killed , or disperst about Littleton's house . Strange were the Accidents which brought the Countrey upon them ; for as yet , the Kings Proclamations had not reacht thither , nor was their Treason discovered to them . But the Riot of Grant forcing the House for the Horses , was an insolency pursued with Hue and Cry among the Commons , that the Countrey rise to know the reason . Sir Fulk Grevil the elder , was then Lieutenant of Warwickshire , whose wisdom soon apprehended the danger to be the Indices of Rebellion ; instantly seizes Ammunition and Arms of all ; about him either absent from home , or doubtfull , and with such further directions , that a poor Smith got hold on Winter , who was rescued by his company , and sixteen taken by the Towns-men , and by the Sheriff Sir Richard Verney sent Prisoners to London . Sir Richard Walsh of Worcestershire pursues them to Littleton's house , as aforesaid , and there makes a stand , sends a Trumpet to command obedience to him , as his Majesties Minister and Sheriff , and not knowing more of their Treason , than was visible by the Tumult , promises to intercede with the King , to spare their punishment of Death . They as best witnesses to their own consciences and high demerit , return him in scorn , That he must get more help , ere he be able to defend himself . And whilest thus at parley without , the principal of them within , drying two pound of Pouder , far enough from the Chimney , yet a Spark flew out , and fell amongst it , blew up another Bag-full ( but not fired ) and so maimed and disabled Catesby himself , Rockwo●d , Grant , and others of greatest account , thereby made unable of forceable defence , and wonderfully amazed , with horror of conscience thus to be met with , by mischief of their own Mineral , ( In quo peccamus , in eodem plectimur ) as forthwith falling down on their knees , prayed to God for pardon of their sins , opened the Gates , and desperately seeking their own destruction ; Catesby and Piercy back to back were killed with one shot , and both the Brothers Wrights , and others slain ; Winter , Tresham , and the rest taken alive , were sent to the next Gaol , and so up to London , and were met with by such a concourse of people out of the City , as the like were never seen ▪ wise and weak , women and children , wondring at these Monsters . Tresham in the Tower died of a Strangury ; the two Winters , Grant , Rockwood , Digby , Fauks , Keys , and Bates , were each of them at several times and places arreigned , condemned , and executed as in case of Treason . To disjoyn them in their Designs . These labored in the Mine . These were afterwards engaged to them . Esquires . Robert Catesby Robert Winter Gentlemen . Thomas Piercy Thomas Winter Iohn Wright Christop . Wright Guido Fauks Thomas Bates , — Catesby 's Man. Knight . Sir Everard Digby , Esquires . Ambrose Rockwood Francis Tresham Gentleman . Iohn Grant , Robert Keys . The second Session of this Parliament prorogued till the 5. of November , and being on the fourth day met again , they enlarged other excellent Laws against Papists ; wisely discerning , how that creeping Monarchy of Rome , by her Arch-Instruments the Jesuits had already planted five Schools , as fit bates in divers reformed states , intending so to tempt those well-believing people , with that old forbidden Tree of knowledg , as they might sinne desperately against their Sovereign before they knew it . But the Parliament enacted the Anniversary Commemoration of this day to be observed for ever , with thanksgiving to God for this delivery , of which a Man may hardly assure any long continuance ; Are we bound more to obey it , than the statutes of God Almighty for solemnity of several Festivals , which all Christians observe , and we onely neglect ? And asscribing the discovery of this Powder-plot to the divine spirit of the King , by his Interpreting the dark phrases of the Letter to Mounteagle , They gave to the King three intire subsidies and six fifteens together , with four subsidies of four shillings in the pound granted by the Clergie , amounting in all to four hundred fifty and three thousand pounds . And Caecil for his good service was Created Earl of Salisbury . The Acts in this Session were these . Certain Persons attainted of the Gun-Powder Treason and their Estates Confiscate . An Act to prevent and avoid dangers of Papists Recusants . To avoid the City and Court , unless Inhabitants here disabled from Offices , nor to practise Law , nor Physick . Penalty one hundred pounds , wonderfull strickt . Act for free Trade of all Merchants to Spain , Portingal and France as well as others , that have Incorporate Charters . Against Misdemeanors of Attornies and Solicitors of the Law. Act for a New-River-water to be cut from Chadwell , and Amwell springs in Hartfordshire to London . And the King grants the People a General Pardon , with the usual Exceptions . And now also was framed a form of Oath , called an Oath of Alleageance for distinction of good Subjects in General from unfaithfull Traytors , but especially to make separation of the Popishly affected , yet with Natural duty unto Sovereignty . And the Oath was thus in effect . That King James is lawfull King of this Realm ; That the Pope may not depose him , or dispose of his , Nor authorise any other Prince to invade him , or to discharge any of his Subjects their Alleageance ; or to beare Arms against him : And that , notwithstanding any Act by the Pope , or other authority , he will bear faith and alleageance to his Majesty , and will disclose all Treasons and Conspiracies against him , and doth abhor as impious ; that any Prince deprived by the Pope , may be deposed or murthered ; That the Pope nor any other hath power to absolve this Oath , and renounces all pardon to the contrary , without any equivocation , or mental reservation whatsoever , so help him God , &c. And accordingly sundry both Priests and Laiks did freely take the same , when suddenly comes over a Breve from Pope Paulus quintus Inhibiting utterly , all Papists from taking the same , rather to endure all Torments , nay , death it self , Rome , October 1606. And the next year another Breve confirming this , September 1607. And accompanied with a Letter of Cardinal Bellarmine unto George Blackwell the Arch-Priest of the English , being then in some bonds , whom therefore the Cardinal suspected , would take the same as he did . To all these the King most learnedly gives answer , and in six days compiles and publishes in print , an Apologie for that Oath , and in a week sets out a Monitory Preface , to that Apologie , and solemnly presents it by Ambassy to the Emperour , and to every King and State in Christendom , as a peculiar concernment to all , and each of them in the due temporal Obedience of their Subjects . And herein the King instances Examples of several Emperours , requiring Obedience from Popes , Creation of Popes , ordaining their Seat and Dignities , and of all Bishops , with Anathema , against all such as disobeyed their Sentence , as also deposing of Popes . Hereupon the Venetians maintained that doctrine in their writings , and put it in Execution . The Sorbons did the like in France . And those writers of their own that opposed it , were so over-lashed , as that they were corrected and castigated by Men of their Religion , Becanus his book corrected by the Cardinals of Rome ; Bellarmines book burnt at Paris : Suares his answer , burnt also in France . Certainly , by this his Majesties premonition , Kings and Princes had a more perfect discovery into the injury offered to them by the Pope in the points of their temporal power , and it followed to be throughly disputed in Christendom by this occasion of the King. This the King did for the present . But there was a swarm of busie-heads , that measured the mysteries of State , by the rule of their own conceited wisdomes , gave Arguments to suppress the Popish practises by Executing all their Priests . The reasons may be gleaned out of their rash opinions . That a dead Man bites not , that mercies offered for a desperate Malefactor , do but enlarge his adventures against King and Countrey . That a hard hand suddainly remitted , is seldom by the rude people interpreted to the best sence . No hope of reformation , where there 's no confession of the fault ; and to banish them , may be supposed a meer shift to rid the Prisons of those , whom Conscience could not condemn of Crime : whilst Justice seems to sleep , the time serves to raise factions ; for fearfull Spirits by sufferance grow insolent and cruel . And to the Exceptions of their small Number it was argued , that Union in a prepared conspiracie , prevailes more than Number . If that the Oath of Supremacie heretofore , choked not their presumptuous imagination , nor now can the temporal power of the King contained in the Oath of Alleageance preserve us , or deter them . A Popish Priest his Character is a disloyal Renegado . Delinquents in lesser degrees , may challenge easier punishments , and so be incouraged . The penalty to be executed on them , they scandall , by pretending the conversion from the Kings Exchequer to Our private purse . That being restrained will prove like Bonner and Gardner in the time of Queen Mary , seeing most men write good turns in Sand , and bad in the Marble . That the Jesuits divide the English into four Sects . Themselves first ; and assume a full fourth part to their property ; and of that part , they subdivide into two portions , viz. The rigid non-Conformists , and the Church-Papists . The Second they allot to the Protestants , who detain say they , some of their Relicks . The third and largest was left to the Puritans . The last to the Politician senza di● , & senza anima . The first then being assuredly theirs , the last we will afford them also ; and therefore the safest way to prevent Combination , is to make them hop headless . The Presbyter indeed would hang them all ; but this Counsel most unchristian . To answer them it was urged . That although death be the end of Temporal misery , it is not the grave of memory : Justice may execute the person ; but his opinion made publick , it is not subject to the sword : where poyson is diffused , through the veins of good and bad blood , Evacuation is better than Incision . Clemencie is divine , and works supernaturall effects , though they merit by suffering : and though Bellarmine & Parsons , provoke them to thrust their finger into the fire , by refusing the Oath of Alleageance ; yet the wisest of them , had rather see others act , then themselves feel the smart . That Garnet lamented , that he should not be inrolled as a Martyr , because no matter of Religion was objected ; yet he would gladly have survived that Glory , if any such hopes had remained . The English exceed the Romans in zeal of Papistry , and are naturally better fortifyed to indure death ; If so that terror prevails not , Religion and Conscience less . Visne muliebre Consilium , said Livia to Augustus ; let severity sleep , and try , what the pardoning of Cinna will produce . That death of Priests , assures more to their Sect , then ever their words could perswade : and though such are but counterfeit Martyrs , yet will they be otherwise so reputed by those , that lay their Soules in pawn , unto their doctrine , with whom multitude of voices , cry down our contraries , for the Gate of their Church is wide , and many enter therein . And as uncharitable are these , that would imprison them perpetually ; and that the means to catch them , was to have good Intelligence beyond Sea and at home ; Sir Francis Walsingham , had of his , so active , that an English Seminary could not stir out of Rome , Spain , or Flanders ( their several Nurseries ) without his privity ; and so forewarn'd , they may be catcht at our ports , and removed to prisons : and if they escape there and go disguised , yet they may be disclosed by many , if the punishment were not death , but only immuring in dead walls . The penalty of Recusants in a stock , would pay the charges . Perdat fiscus , ut capiat Christus . Here we finde extremes in both Councils ; certainly , there is a medium ; neither Execution , nor civill destruction ( for perpetual Imprisonment ) renders a Man civily dead , a better way may be , if we could hint it . And why not thus . Let Preachers use the spirit against them , not as usual to wast an houre-glass , to skirmish against government and discipline . How can we draw others to our Church , without a foundation of our own , not like undiscreet Dogs to bark at all , but to distinguish ; A child that sucks Popery from the breast , must needs speak the voice of Papists . It was the Kings saying and distinction . A great cause of continuance of Papistry in common people is , That being fuller of Pagentry than Doctrine , and the old sent of Roman perfume ; The common obedience of coming to Church , more expected , than the instruction of private families , or by publick Catechising ; The first Elements are to be learn'd at home , and were orderly contained in the Book of Common-prayer , by instruction first , and then Confirmation of the Bishops . This excellent foundation laid by the fathers of the Church , should not be despised by their children . In former times Ministers haunted the Houses of worthyest men ; Countrey-Churches with the best of the Shire ; Prayer , and preaching hand in hand together : then Papists smelled ranck ; therefore for shame , they resorted to our Churches and Exercises . This was the Counsel then , but start-ups with intemperate zeal and indiscretion fore-ran the authority of the Magistrate , censuring whatever agreed not with their conceits , and now a days we finde the effect . The King removes to Greenwich , where amongst the ranting Riders at Court , one Io : Lepton of York Esquire , and the Kings Servant , made Matches of Horsmanship with the most in Court , and to approve his skill and strength for a good Wager , rode five several days together between London and York , and so back again the next ; for May 20. Munday he set out from Alders-gate at three of the clock in the morning , and came to York between five and six at night : the next morn sent him to London : at six and seven the next morn he set out to York , and came thither at eight ; and so within half an hour the same time performed it : and the last day came also to Greenwich to the King by nine of the clock , as spritely and lusty as at the first day , to the wonder of all , till another do the like . The King of Denmark out of singular affection to his Sister Queen Anne arrives in England , and anchors at Gravesend , where King Iames boards him unexpected , and brings him a Guest to Greenwich , for a Moneth , with such entertainment as Peace and Plenty could possibly afford : and so curious he was , to take a view of things within his Level about London , that disguised , sometimes he took that advantage : but most unwilling to visit the Tower , when he found it a Prison , though from thence he rode in triumph through London , presented with Pageants and costly complements , to shew him the wealth and love of this People . He might be shy to shut up his Person , having by the Law of Nations , submitted his freedom , by entring the bounds of another Prince without leave . The Earl of Flanders found the effects , when in his return from thence , to possess his Inheritance of the Kingdom of Spain , and being by storm cast upon our Coast , King Henry 7. disputing some unkindnesses formerly received , ( not usual with welcome Guests ) the Earl suspecting the danger was fain to yield to all the Kings demands , which was hard in one point , being to deliver up the Countess of Warwick , and other Fugitives resident in Flanders , that took Sanctuary in his Countrey , and so had leave to depart . The other and worse success may be from Mary Queen of Scots , who forfeited her freedom by entring into England , and afterwards her life , by pretence of Treason , as you have heard before , though indeed she wrote to Queen Elizabeth for admittance , but hastily landed without leave . The Earl of Northumberland , Henry Lord Mordant , and Edward Lord Sturton , not coming to Parliament , according to Summons by Writ , were more than suspected of the Pouder Treason , and were committed to the Tower : the Barons were fined in Star-chamber , and after some durance paid the money and were released . The Earl being deeply engaged , was fined there also thirty thousand pounds , and imprisonment during pleasure , ( as all such Delinquents are ) which severity of Fine towards him was thought more extreme than usually , since the erection of that Court , he continuing Prisoner till 1619. and then paid but eleven thousand pounds in all : the fate of that Family evermore false to the Crown , as Sir Iocelin Piercy was used to say , Seldom Treason without a Piercy . Camera stellata belonging to the old Palace at Westminster , and the 28 Henry 8. called the Starred Chamber , then , as now , had one great Star affixed to the Roof , and one over the Door . The Court seems to have beginning from the Statute of 3 Henry 7. cap. 1. It is ordained , that the Lord Chancellour , Treasurer , Privy Seal , or two of them , calling to them a Bishop and a Temporal Lord of the Kings Council , and the two Chief Justices of the Kings Bench and Common Pleas , or other two Justices in their absence , should have power to punish Routs , Riots , Forgeries , Maintenances , Embraceries , Perjuries , and such like , not sufficiently provided for by the Common Law. But Queen Elizabeth enlarged the number of the Judges . And so now it was honoured with all the Kings Privy Counsellours . See Powel's Att. Acad. And though Delinquents were severely censured in terrorem Populi , yet there was usually a day after every Term where they met to mitigate the Fines and Punishments afterwards to a reasonable summ and Penance . This I put to memory , because that Court is suppressed for ever by the late long Parliament . There was much ascribed to the Kings wisdom , in the discovery of this Pouder Treason ; but the Iesuits had a note of Cecil's name in their Register ; not against them as a Day-labourer , that carried some few stones or sticks , but the Master Workman whose forein and domestick Engineers wrought in this Mine of discovery . And therefore was he calumniated with many contumelious Papers and Pasquils , dispersed like Iob's Messengers , one at the others heels . He takes time to consider , whether to begin a warfare of words , against those with whom disputes are endless , because their end is clamor , untill it was fit to express himself in clear terms ; lest any of these clouds which are unjustly cast upon him , might darken the brightness of his Masters royal minde , which hath been always watered with the mildest dew of Mercy and Moderation . Amongst many he undertakes one directed to the E. of Salisbury . 1. Therein , they acknowledg the late Design most inhumane and barbarous , attempted by undertaking Spirits , more fiery and turbulent than zealous and dispassionate , to the general stain of the State of their catholick cause in the eye of corrupt judgments , not able to farm away the fault of the Professor , from the Profession it self , which abhors the fact , more than any Puritan does . 2. They accuse him the Primus Motor , to determine the ●ooting out all memory of their Religion , by Banishment , Massacre , Imprisonment , or some such insupportable pressures ; or else , the next Parliament to decree more cruel and horrible Laws against them . 3. They threaten , that there are some good men for continuing their Religion , and for saving of many Souls , resolve to prevent it , though with assured Ruine ; and admonish him , that five have severally undertaken his Death , by Vow upon the blessed Sacrament , if he continues his daily plotting against them . That not any of them know the other , for preventing discovery ; the first shall attempt by shot , and the rest follow , and all of them glory in their own sacrifice , to prevent the general calamities of Catholicks , which by his transcendent Authority with the King is more than expected . They tell him , that for the easier digestion of the Danger , two of the Attempters are so weak , they cannot live three moneths ; the other three so distressed , for being onely Catholicks , that their grief dulls any apprehension of death . 4. As for themselves that admonish , they know no other means to prevent it , he being the Match to give fire to his Majesty , to whom the worst they wish is , to be as great a Saint in Heaven , as he is a King on Earth . And conclude , Where once true spiritual resolution is , the weak may take sufficient revenge of the mighty . A. B. C. D. &c. His Answer . 1. That the Panegyrical Oration of Pope Sixtus Quintus , preferred the Murder of Henry 3. of France , before the act of Iudith to Holofernes , by which Gods people were delivered ; onely the Papists make ill interpretations where it fails in execution , ( for otherwise , Faelix scelus virtus vocatur ) and many other Authors maintain deposing Kings . And wonders , that those who imploy such seditious Spirits , have not by definitive Sentence ( wherein the Pope is supposed not to err ) explained their assumed power over Princes , for security as well of those which acknowledg his Superiority , as of others which do not approve his Iurisdiction , that Subjects may know their distance of fidelity to either . As for the former practice by Excommunication , it deprives onely from spiritual graces , without so gross an usurpation as to destroy their being in nature . The Writ it self , De Excommunicato capiendo , and others such , proceed rather from the goodness of such Christian Kings to work better obedience to the Rules of the Church , than from the power of Excommunication . All Cen●ures of the Church having left life untouched , Sive Ethnicus , sive Publicanus . Many Heathens teaching this Rule , Bonos Imperatores Voto expetere oportet , quoscunque tolerare . He marvels at those dark Writings published upon this Accident , against such as shall attempt against Princes by private Authority , but leaves it a tacit lawfulness by publick Warrant , like their gross Equivocation so extolled at Rome , though it sunders all humane conversation . Saint Austin refuses the Priscilian Hereticks in their Equivocation , Corde creditur ( says he ) ad Iustitiam , ore fit confessio ad salutem , &c. breaking out into expostulation , O fontes lacrymarum ! How shall we hide our selves from the displeased face of Truth . 2. That these Calumniations are like Adam's Fig-leafs , unable to cover their shame ; for as he sought a covering , Non quia nudus , sed quia lapsus ; so is it their fault , not their fear , to cast imputations upon Prince and State , Sed pereuntibus mille figurae . So Nero set Rome on fire , and after laid the blame on Christians . The pecedent Reigns of the two late Sisters of different Religions , more bloud in five or six years of the first , than in five and forty of the second . Hath this King shewed any print of bloudy steps , rather qualified than added severe Laws ? And appeals to their own consciences ( judg and witness ) whether the fury of this Treason , inflaming many against Catholicks ( the nature of sudden peril ) hardly admits just distinction ) hath committed any one act of bloud or cruelty , under colour of publick safety , Nam crudelit as si a vindicta , justitia est ; si a periculo , prudentia . Nay , the King pronounced in open Parliament after , Not to condemn the general for particulars , as a Prince of peace and mercy , deferring execution , which Theodosius , wishing , Se potuisse potius mortuos a morte revocare . As for the imaginary Power of the Lords of the Council , and himself of the Quorum , he takes it as an honour to receive not onely injury , but persecution in so noble a society , who know that Counsellours for Kings stand for thousands or hundreds , as he pleases to place them . Their greatness growing from humble endeavours , their merit from gracious acceptance ; and though they borrow his name as the Boutefeu to make him the Mark of their malice ; yet such as judg , the spirit of the Pasquil will hardly imagine , but that this Faction follows , onely the body of Authority , neither head nor members , but also the Church and Common-wealth , which like Hippocrates Twins , have long wept and laughed together . His greatness being onely in the eye of envy , of those , which ground their faith upon weak principles , if they imagine his distinction ( a matter ( he says ) of so small consequence ) can clear them free , from contriving higher practices . 3. To the Protestation , that the five Assassinators having their feet so near the grave , their ghostly Father deserves less thanks to send them thither with Hempen Halters and in bloudy Coffins , not the marks of Rome , Heathen nor Christian ; for Victories were scorned , which were barbarously gotten , Mixt is vene no fontibus . And the Arms of the Primitive Church were Tears and Prayers . But such Recusants as do discover these pernitious spirits will discern the darkness and danger of that Religion lapped up in implicite obedience ; the Conscience and Treason growing up as close together as the Husk and Corn in one Ear : to eat their God upon bargains of bloud . Those that are full of grief ( as is said ) for being R●cusants , Plus tristitiae quam poenitentiae , more that their Plot failed , than that it was intended . Counsellours are Sentinels over the life of Kings and States . The Laws which punish the Branches of all Treason are derived from Parliaments of two hundred years in force , and so are our Laws made , not by a few , much less by any one . 4. As for himself , with whom they condition to leave off his Plotting against Recusants ; The Husband-man over-curious of Windes and Clouds , neither sows nor reaps in season . So that Servant that becomes awfull of his Sovereigns Enemies for power or envy , deserves not favour nor protection . That the King hath not taken up wisdom of Government upon credit , but carrieth still the Iethro of order in his own bosom , disposing the mean causes to the Rulers over hundreds and fifties , reserving the greatest to the greatness of himself . And freely professes , though he doth not participate with the follies of the Fly , upon the wheel of fortune : yet is he so far ambitious of his Masters favour , as to be not so much his creature by the undeserved Honours he holds from his Majesties grace and power , as in desire to be the shadow of his minde : towards whose royal Person , he glories more to be honest and humble , than to command in any other Calling . And to say , that men resolved to die are Masters over others lives , such power hath the least Spider by permission ; and if so , that the days of his life were in their hands , to take from him some moneths of joys ; so , more years of sorrow : but he believes not , that the Mountains shake when the Moles do cast , nor thinks he , to purchace a span of time , as for the fear of any mortal power , Aut Deo , aut Patriae , aut Patri Patriae deesse . Magistrates who converse with variety of spirits , must undergo Tempests . And their Glasses being done , that glory which makes worthy men live for ever , their Heirs shall inherit after them . And therefore , Suadeat loquent is vita , non oratio . Besides , Romes powers are discovered , her Towers taken , and it is suspected , that she will play so long with the temporal powers of Kings , as their work will break down her walls ; so therefore it ill becomes their servants to slacken , for fear of malice ; the Evening and the Night shall come upon them naturally , one after another ; their faith shall ascend before them , and their good fame shall follow after . Et hic ●aculum fixit . This next Session of this Parliament , the Union was revived , by motion of the Kings Solicitor Sir Francis Bacon , to have the Scots naturalized by Act of Parliament : after many subtil Arguments on both sides pro & con , and to allay the heat , the King convenes both Houses before him at White-hall , where , with an excellent method , he recounts all their former controversed Arguments , and concludes with Reasons undeniable , for unanimous consent to admit of the Union . But to avoid their tedious Disputes ; I shall onely abbreviate the Kings Speech , in answer to all . He distinguishes his desires ; the Union which he seeks is of Laws and Persons , such a Naturalizing , as may compound one Body of both Nations , Unus Rex , unus Grex , & una Lex . He unravels their intricate Arguments , and sweetens them with his intentions . 1. That all hostile Laws should cease , because the King of England cannot war with the King of Scotland . That community of Commerce is necessary , He being no stranger , but descended of their ancient Kings ; It were improper for him , to be their natural Sovereign , and the Nations strangers to one another , and being both under the same Alleageance , ought to have more freedom , and better respect , than Frenchmen and Spaniards . 2. They all agree , that they are no Aliens , then must they be allowed to be natural . That there was a difference , the Ante and Post-nati of either Kingdom , and therefore his Proclamations gave notice that the Post-nati were naturalized , by his accession ; but he confessed , that Iudges may err in that opinion , who told him so ; so may Lawyers on their side , but bids them beware of abusing either , lest they endeavour to disgrace King and Laws , who have power when Parliaments are not , to try them for Lands and Lives . 3. That there were some flatterers , and would prefer the Ante-nati upon a jearing pretence , to have their merit preferred in his service . Mel in ore , fel in corde . But they shall know , his Prerogative can prefer at his own pleasure , to any Dignity , though he is willing to restrain himself , for respects to the English. He urged it as a special mark of Prerogative , to endow Aliens with freedom ; and where the Law is not therein clear , Rex est Iudex , he being Lex loquens , supplying the Law where it wants ; thus he speaks as skilfull in the dues of Sovereignty , intends not the pressure upon their love , but with conveniency to both Kingdoms . The inconveniences as from Scotland , are pretended to be ; 1. An evil affection in them to the Union . 2. The Union to be incompatible . 3. The gain small or none . Why then is there talk of Union ? They allege Reasons of the first , from the body of their Act , To remain a free Monarchy , and not alter Fundamental Laws : and yet it was urged heretofore , The Scots greedy of this Union , to attain to the substance and end . These are contradictions ; but for their free Monarchy , he hopes they mean not that he should set Garisons over them , as the Spaniards do , over Sicily and Naples ; He need not do so , who governs them by his Pen and his Council-commands ; and his Chancellour there can govern their Tongues too , not to speak as ye do , what and as long as ye list , without contradiction ? 1. He tells them the Laws of Scotland , those of Tenures , Wards , Liveries , Signiories , and Lands , are in effect drawn out of the Chancery of England , brought by Iames the first , ( who lived here ) and differ onely in terms . 2. The second , are Statute-laws , to which he wishes , they would be no strangers . 3. The Civil Law , brought out of France by Iames the fifth , to supply the defects of the Municipal Laws . In these respects the Laws alike , why not the People ? First , it is an Objection of yours , that the King in Scotland hath not a Negative Voice in Parliament ; he tells them , that the Form of Parliaments there , inclines nothing to popularity : their manner is , by Proclamation , to bring in their Bills to the Master of the Rolls , by a prefixt day ; then to the King , to be allowed by him , and then given to the Chancellour , to be propounded , and no other . If any man offers otherwise , the Chancellour corrects him , and being past the King confirms them , rasing out what he doth not approve , and if this be a Negative Voice , he hath one . Secondly , that which seems so incompatible , is the Union of the French and Scots ; He assures them , it was a League onely , between the Kings , not the People ; the occasion was , that England and France at one time solicited a League offensive and defensive against each others Enemies . The reasons went for England , being our Neighbours , of one Continent strong and Powerfull Nation , and so more security the Amity with England , than France , far off beyond Seas , and hazarded to Accidents of relief . Then , they who argued for France , alleaged that England ever sought to conquer Scotland , and therefore never can be Friends . The remoteness of France claimes no Interest , and therefore more Constant and Faithfull , and so it was concluded on their part . But then it was concluded meerly Personall from King to King , and to be renewed by their Ambassies ; And so it was in his Mothers time , and without consent of Parliament , else it would seem a League of the People . And in his time when it came to be Ratifyed , least it should appear In odium Tertii , it was by Him left out , in respect of his Title to England . 3. Who is so ignorant as can not see the profit and commodity to England by this Union , is there not Gain by Wales , is not Scotland greater ? Lands , Seas and Persons added to Greatness ; certainly Two made One , makes them Greater and Stronger . He desires Union for the Empire of England , and for their security , to condescend to reasonable Restrictions , And he will never say , what he will not promise , nor promise what he will not swear , nor swear what he will not perform . And so dismisses them . But , although the Parliament could not be drawn to it presently , yet not long after , it wrought upon the Judges of this Kingdom , that the chief Justice Coke confirmed the Post-Nati in Calvins Case and Title ; And adjudged for him also , by that reverend States-man Chancelor Elsmere , and all the Iudges likewise in the Exchequer Chamber , whose opinions do much confound our Adversary , bewailing the Cause . [ That of such stuffe Judges are made , who can modell their Presidents to any shape . ] And yet all that this Session could be drawn to do , was to repeal the Laws of Hostility between both Nations , and so confirmed in Scotland , from the fourth of Henry 5. of England , and from 1 Iames 1. of Scotland . Some excellent Acts were concluded this Session , which I refer to the statutes in print . But because the Judges in that time are complained of , as too partiall for the Kings commands ; Let me aeternize the memory of Judge Nichols of the common pleas . His Predecessor in his Circuite Assize for the County of Northampton had reprieved a Felon , indicted before him , and found guilty by the Jury and condemned , but reprieved by him upon some observation of the weakness of the Evidence . This Iudge dying , Nichols appointed for that Circuite , continues the Prisoners reprieve . And the complaint came to the King , who urgeth the Judg by letters for Execution , which yet he refused . His just excuse was , That if his Predecessor who heard the Evidence , thought good in Iustice to grant his reprieve , It became not his Conscience now , to condemn him ; seeing he never heard the Evidence at all . And that it was part of his Oath , to do right , notwithstanding the Kings letters . 18. Edward 3. This man therefore the King owned to be a wise , learned , and just Judge , for though he might ( perhaps ) have given just Iudgment , it could not be true Iustice. Licet aequum statuerit , hand aequum fuerit . Heretofore Proclamations had been by Queen Elizabeth and King Iames against the excessive repair of persons of quality out of the Country to London , by neglecting their duties at home , in their respective service to the Common weal , the decay of Hospitable Neighborhood and relief of the poor . Besides , the more room made for them , crowded the Mechanick and Trades-men , into narrow habitations , and dear rents , pestering most houses with Inmates , Infections and sickness , the Country , Towns , and Burroughs unpeopled , trade decayed . But these commands not obeyed , The wisdom of State was assured , that the cause taken away , the effects would follow . The restraint of New-buildings might necessitate the Gentry , to keep to the Country , for want of lodgings , at easie rates in London , And such as should be , were prescribed heretofore , a form of Brick upright , to save Timber , so much wanting , and to beautifie the streets , incroached upon with bay windows , and eaves hanging over , that even joyned with the opposite Neighbour , upon old or new foundations , a Custome of freedom in after times of loose liberty , which destroys the beauty of buildings . And now necessity enforcing a farther Obedience , this proclamation hath these Limitations , No new buildings in London , or two miles about , but upon old foundations ; And such as have been erected , within five years last past , contrary to former Proclamations ( which were to be pulled down ) shall nevertheless be disposed ( by Officers appointed ) for tenements to the poor , or for their benefit , and hereafter offending to be pull'd down ; No House to be divided hereafter , into several Tenements , nor any Inmates received , to make another family . These prohibitions , were referred to the Aldermen and Iustices of Peace , and this was in October 1607. When the plague ceased , and the fresh gang of the Countrey came huddling , to keep Christmass at London . Our Caluminator that swells his Book with malitious observations and false quotations , refers this to 7. Iac. 1609. and belyes the restriction , to be pulled down [ though ( says he ) not taken notice of in seven years after ] for this Proclamation commands the Aldermen and Iustices in their diligent view , perambulation , and inquiry , to certifie the Kings Council every Term , or their neglect to be censured , punished and removed from the Peace , as unworthy . [ Whereby ( says he ) many not heeding the Proclamation , laid out their whole Estates upon little Hovels , and building fair houses upon new foundations must either purchase them anew , or pull them down , and both to their ruine . ] Name me one that was repurchased ; Indeed , such as offended in this last were to be fined or pulled down . And truly the commands were so necessary , so wholesome , so beautifull , and so exemplarily publick , that very few offended , and such as did , deserved due punishment , yet this is scored upon the King , as a Crime in State , which he foresaw would come to pass , as now in these days we finde the effects to be pitied , the very ruine of this City and Suburbs . The Lord Treasurer Dorset died suddenly at the Council-table , his Disease an Apoplexy , ( which gave way to Cecil Earl of Salisbury to succeed him Treasurer ) this Dorset was Thomas Sackvile , Son and Heir of Sir Richard Sackvile of Buckhurst , who came from the Temple a Barrester , and was created Baron Buckhurst by Queen Elizabeth , and by King Iames Earl of Dorset , 1605. and Knight of the Garter . About this time a further discovery was made in Scotland , concerning the truth of Gowry's Treason by Attainder of another of the Conspiratours . The Treason was attempted the fourth of August , 1600. ( as before remembered ) and though there followed sundry Suspitions , and Examinations of several persons supposed Abettors and Contrivers then , yet it lay undiscovered , tanquam e post liminio , untill this time , eight years after , by the circumspection principally of the Earl of Dunbar , ( a man of as great wisdom as those times and that Nation could boast of ) upon the person of one George Sprot , Notary publick at Aymouth in Scotland , from some words of his , sparingly and unawares expressed , and some Papers found in his house , whereof being examined , with little ado , he confessed , and was condemned and executed at Edenburgh , 12. August , 1608. A Relation I conceive , not common , but in my hands to be produced , and written by that learned Gentleman Sir William Hart , then Lord chief Iustice in Scotland , and principal in all the Acts of Judicature herein . And first Sprot confesseth , that Robert Logane late of R●stalrig , was privy and foreknowing of Iohn , late Earl of Gowry's treasonable conspiracy . That divers Letters were interchanged betwixt them therein , Iuly 1600. which Letter Iames Bour , called Laird Bour , Servitour to Restalrig , ( imployed by them and privy to all ) had in keeping , and shewed them to Sprot in Fast-castle . That Sprot was present when Bour after five days absence , returned with answers by Letters from Gowry , and staid all night with Restalrig at Gunnesgreen , and rode the next morn to Lothian , where he staid six days , then to Fast-castle , where he abode a short space . That Sprot saw and heard Restalrig reade those Letters to Bour , and all their conference there annent , who said , Though he should lose all in the world , yet he would pass through with Gowry ; for that would as well content him as the Kingdom . That Sprot himself entered into conference with Bo●r therein , who feared , that it would be dear to him , and prayed Sprot for Gods sake not to intermeddle ; for he feared , within few days the Laird would be landless and liveless . That he had these Letters of Restalrig and Gowry , which Bour had in keeping and were copied out by Sprot , and that the original Letters were in his Chest , when he was taken into Custody . These and other depositions written by Iames Primrose Clerk of the Kings Council , and subscribed , George Sprot . Present . Earl Dunbar , Earl Lothian , Bishop of Ro●s , Lord Schone , Lord Hallyrood-house , Lord Blantire , Sir William Hart , Lord chief Justice , Iohn Hall , Patrick Gallow ay , Peter Hewet , Minister of Edenburgh , and subscribed with all their hands . Several other Examinations are attested under his hand with this Protestation , That being resolved to die , and hopes to be participant of Heaven upon Salvation or Damnation of his Soul , that all that he had deposed were true in every point and circumstance , and no untruth in them . August 12. Sprot was presented in Iudgment upon Pannel in the Talboth of Edenburgh , before Sir William Hart Lord chief Justice , assisted with these persons . Alexander Earl of Dunferling Lord Chancellour , George Earl of Dunbar Lord Treasurer , Iohn Arch-Bishop of Glasco , David Bishop of Rosse , Bishop of Galloway , Bishop of Brechin , Earl of Crawford , Earl of Lotharine , Lord Abernethe , Lord Balmerinoth , Lord Blantire , Lord Burly , Sir Richard Cowburn , Iohn Preston Colonel General , Sir Iohn Skew Register . He was pursued by Sir Thomas Hamilton Knight , Advocate to the King , for Enteries of the Crimes contained in his Indictments , as followeth . George Sprot Notary in Aymouth , You are indicted and accused ; for as much as Iohn sometime Earl of Gowry , having most treasonably conspired in the moneth of Iuly , 1600. to murder our gracious Sovereign , the Kings most Excellent Majesty ; and having imparted that devilish purpose to Robert Logame of Restalrig , who allowed of the same , and most willingly to be partaker thereof : the same coming to your knowledg at the times and in the manner particularly after mentioned , you most maliciously and treasonably concealed the same , and was art and part thereof . And first , in the moneth of Iuly 1600. after you had perceived and known , that divers Letters and Messages had past betwixt the said Iohn Earl Gowry and the said Robert Logame of Restalrig , you being in the house of Fast-castle , you saw and read a Letter written by the said Restalrig with his own hand to the said Earl Gowry . MY Lord , &c. At the receit of your Letter , I am so confuted , that I can neither utter my joy , nor finde my self able to requite your Lordship with due thanks : and be your Lordship assured , that in that matter , I shall be as forward for your Honour , as if it were my own cause : and I think there is no Christian , that would not revenge that Machiavilian Massacring of our dear Friends , though with hazard of Life , and Lands , and all . My heart can binde me , to take part in that matter , as your Lordship shall finde proof . But one thing your Lordship must be circumspect and earnest with your Brother , that he be not rash in any Speeches , touching the purpose of Padua . And a certain space after the execution of the said Treason , the said Logame having desired the Laird of Bour to deliver to him the said Letter , or else to burn it , and Bour having delivered to you all Tickets and Letters , which he then had either concerning Restalrig or others to sue them , ( because he could not reade ) you abstracted them , and retain'd the said Writings in your own hands , and divers times read them , containing further , viz. MY Lord , you may easily understand , that such a purpose cannot be done ( as your Lordship intendeth ) rashly , but with deliberation . And for my self , it were meet to have the men your Lordship spake of ready in a Boat or Bark , and address them , as if they were taking pleasure on the Sea , in such fair Summer time . And for your Lordship , either to come to my house Fast-castle by Sea , or to send your Brother . I shall have the House very quiet , and well provided , after your Lordships advertisement , and none shall have access to haunt the place , during your abode here . And if your Lordship doubt of safe landing , I shall provide all such necessaries as may serve for your arrival , within a flight-shoot of the House ; and perswade your self , to be as quiet here , while we have settled our Plot , as if in your Chamber : for I trust , and am assured , we shall have word from them your Lordship knows of , within few days , for I have a care to see what Ships come by . Your Lordship knows , I have kept up Lord Bothwell in my house quietly , in his greatest extremities , in spite of King and Council . I hope if all things come to pass , ( as I trust they shall ) to have both your Lordships at a good Dinner ere I die . Haec jocose . To animate your Lordship , I doubt not , all will be well , for I am resolved thereof , doubt nothing on my part ; Peril of Life , Lands , Honour and Goods , yea the hazard of Hell , shall not affray me from that , yea though the Scaffold were already set up . The sooner the matter were done the better , for the Kings Buck-hunting will be shortly ; and I hope it will prepare some dainty chear for us , to live the next year . I remember well , that merry sport , which your Lordships Brother told me , of a Noble-man at Padua , for I think that , a Parasceue to this purpose . My Lord , think nothing that I comm●t that secret hereof to this Bearer ; for I dare not onely venture my Life , Lands , Honour , and all upon his credit ; but I durst hazard my Soul , in his keeping . I am so perswaded of his fidelity ; And I trow , ( ask him if it be not true ) he will go to Hell gates for me , and he is not beg●iled on my part to him ; and therefore I am perswaded , this will give him trust with your Lordship in this matter , as to my self . But I pray you , hasten him home with all speed , and charge him not to take a wink of sleep till he see me again , after he returns from you . And as your Lordship desireth in your Letters to me , so say I to you , either rive or burn this Letter , or return it back again to me , with the Bearer , for so is the fashion , I grant . Restalrig . And albeit by the Letter ( all his own hand ) you knew the truth of the said treasonable Conspiracy , and Logain's foreknowledg and guilt thereof , like as you were assured of divers Letters received by him from Gowry , and by his Answers to the same purpose , and by sundry Conferences , betwixt Logain and Bour in your presence and hearing , concerning the said Treason , as well in Iuly preceding the Attempt thereof , as at divers other times shortly after ; as likewise by Bour revealing the same to you , who was imployed ordinary Messenger by Logain to Gowry , whereby your knowledg and concealment and guilt was undeniable : Yet for further manifestation thereof , about Iuly 1602. Logain shewed unto you , that Bour had told him , that he had been somewhat rash to let you see a Letter , which came from Gowry to Logain , who then urged you to tell him what you understood by the same . You answered , that you took the meaning thereof to be , that he had been upon the counsel and purpose of Gowry's Conspiracy ; and that he answered you , the worst he had done , was his own ; but if you would swear to him , never to reveal any thing of that matter to any person , it should be the best sight that ever you saw ; and in token of further recompence , he gave you twelve pounds of Silver . Nevertheless albeit you knew perfectly the whole practice and progress of all the said Treason , from the beginning to the end ; as also by your conference with Bour and Logain , who lived untill the year 1606. or thereabout , and so by the space of six years you concealed the same , and so was in art and part thereof , and ought to suffer under pain of high Treason . To the Token that you have not onely by your depositions subscribed by you , and solemnly made in presence of divers Lords of his Majesties Privy Council , and the Ministers of the Borough of Edenburgh , of the Dates of the fifth , fifteenth and sixteenth days of Iuly last past , and tenth and thirteenth of August instant , confessed , every Point , Head , and Article of the Indictment abovesaid , but also by divers other Depositions subscribed by you , you have ratified the same , and to seal the same with your bloud . Which Indictment being read openly , before Sprot , was put to the knowledg of the Inquest ; he confessed the same in every point to be true ; and therefore the Indictment was put to the Inquest of the honest , famous , and discreet persons , viz. William Trumball of Ardre , William Fisher Merchant and Burgess of Edenburgh , Robert Short there ; Edmund Iohnston Merchant and Burgess there , Harb . Maxwell of Cavons , Ia. Terment of Lint-house , William Trumbill Burgess of Edenburgh , George Brown in Gorgy Mill , Io. Huchinson and Io. Lewes Merchants and Burgesses of Edenburgh , Ia. Somervil and William Swinton there , Io. Cruneson of Darlton , Thomas Smith and Io. Cowtis Burgesses of Edenburgh . Which persons of Inquest , sworn and admitted , and reading over the same Indictment again , in his and their presence , the said George Sprot confessed the same to be true . Whereupon the said Sir Thomas Hamilton Advocate asked Act and Instrument . And therefore the Inquest removed to the Inquest-house , and elected Herbert Maxwell to be their Chancellour or fore-man . And after mature deliberation they all re-entered again in Court where the said Fore-man declared the said George Sprot to be guilty , filed , and convict of Art and part of the said Treason , for which the said Iustice by the mouth of the De●ster of Court , by Sentence and Doom ordained the said George Sprot to be taken to the Market-Cross of Edenburgh , and there to be hanged upon a Gibbet , till he be dead , and thereafter his head to be stricken off , and his body to be quartered and demeaned as a Traitor , and his head to be set up upon a prick of Iron upon the highest part of the Tolboth of Edenburgh , where the Traitor Gowry and other Conspirators heads stand , and his Lands and Goods forfeited , and escheated to our Sovereign Lord the Kings use . Extractum de Libro Actorum Adjornalis S. D. N. Regis per me D. Iohannem Coburn de Ormeston Mil. Clericum Iusticiarii ejusdem generalem , sub meis signo & subscriptione Manualibus . And so was Sprot conveyed to a private house , remaining at his meditations , and afterwards conferred with the Ministers , confessing all aforesaid , with extreme humiliation and prayer . Afterwards ganging up the Ladder , with his hands loose and untied , he was again put in minde of his Confessions , and for the greater assurance thereof performed an act marvellous , promising by Gods assistance to give them an evident token before the yielding up of his spirit , which was , when he had hung a very good while , he lift up both his hands a good height , and clapped them together three several times , to the wonder of thousands Spectators . And for the more confirmation , George Abbot Doctor in Divinity and Dean of Winchester , after Arch-bishop of Canterbury , was present , both at his Examination and Execution , and hath publisht in print the same Writings , observation and particulars , verb●tim , as aforesaid , which I can produce also . I was obliged in honor of the truth to be thus particular , to take off the horrid crime with which our Adversaries load the memory of King Iames ; and if as yet not satisfactory , I may conclude with Saint Iohn's Apocalyps , Qui sordescit , sordescat adhuc . And yet I am enforced to complain against a late Historian , who says , Sprot's Depositions seem a very fiction , a meer invention of his own brain . And why ? Because ( says he ) Sprot did not shew the Letter . How came it then to be recorded , as aforesaid ? And concludes against himself . However ( says he ) Sprot remained constant in his Confession , and at his dying when he was to be cast off the Ladder , promised to give the beholders a sign for confirming them in the truth of what he had spoken , which also he performed by clapping his hands three several times after he was cast off by the Executioner . What can be more to convince for the truth , that he was guilty ? In this fourth Session , the King intends the Creation of his sonne Henry Prince of Wales , and for that and other occasions craves supply of his wants , proceeding from his great disbursments , discounting with them his receipts of three hundred and fifty thousand pounds subsidies due to his Predecessor , with his redeeming the Crown lands morgaged in the year 1598. by her , to the City of London for sixty thousand pounds . His expence also of nineteen thousand pounds to the Souldiers in Ireland , the late Queens funeral charges seventeen thousand four hundred twenty and eight pounds . His and his Queens Journy hither 11000l . Besides the King of Denmarks reception , entertainments of Ambassadors hither , and sending others abroad . These were reasons just and Noble to work into the hearts of obedient , and obliged people ; but wrought not with them . The Secretary of State for Scotland , Sir Iames Lethington , Lord B●●merino , being now sent hither with letters from that Council , was sodainly surprized with some Questions from the King. Cardinal Bellarmine had not long before published an answer to the Kings Apologie , Charging him with inconstancie , and objecting a Letter that he had sent to Pope Clement the eighth from Scotland , wherein he recommended to his Holyness , the Bishop of Vaison for obtaining the dignity of a Cardinal , that so he might be better able to advance his affairs in the Court of Rome . The King meeting with this passage in Bellarmines-Book , presently apprehended his Secretary somewhat Popish , to shuffle such a Letter to the Pope , and the King signing it amongst others which he usually sent to the Dukes of Savoy and Florence . The Secretary now come and soda●nly demanded if ever he had written any Letter to the Pope , he answered , he had by his Majesties Command . At which the King bending the brow of Anger , the Secretary fell down and craved Mercy , Professing that his meaning was by that Letter , to purchase the Popes favour in advance of his Majesties title to England . Then the King remembred the challenge made by Queen Elizabeth 1599. unto the Secretary of such a letter , which said he you then denied , and procured Sir Edward Drummond ( who was accused for carrying that Letter ) to come into Scotland , and abjure the same . The Secretary in great perplexity , made his excuse with his good meaning , and craved pardon of God and the King , for his and Drummonds perjury . He was instantly Committed to his Chamber , and so to the Council-Table , who urged his Crime as the ground of all conspiracies since the Kings coming into England , that of the powder Treason and puritans Combinations . The Secretary in great humility answered . Curae leves loquuntur , Ingentes Stupent . My Lords I can not find words to express my sorrow , for my offence against my gracious Sovereign , when I call to mind his Majesties favours , raising me from the dust to a fortune , by my Honorable preferment , and thus to fail of my duty , and fall into such a degree of falsity . Ah! peccavi in Coelum & terram . My offence is insupportable and impardonable . Only his Majesties rare Piety , singular wisdom and sincerity , is sufficient to throw all possible guilt on me without any doubt of the Kings , Innocency ; if nothing but my life , and all I am can expiate so great a Crime , fiat voluntas Dei & Regis . I humbly submit and take my death patiently . The Chancellor Egerton declared , That it was the Kings pleasure to remit his Tryal to the Judges in Scotland , and to be conveyed thither a Prisoner , The Sheriffs attending him from Shire to Shire . In the mean time he did Pronounce him deprived of all places , Honors , Dignities , and every thing else that he possessed in England . And thus conveyed to Scotland , he is committed to Faulk-land Castle , and so to his indictment . That in 1598. by instigation of his Cousen Sir Edward Drummond a Papist , he had stollen and surreptitiously purchased the Kings hand to a Letter written , and sent by Sir Edward , and directed to Pope ●lement the eighth , in favour of the Bishop of Vaison , for his preferment to be a Cardinal , shuffling in this letter amongst others , that were to be signed , filling it up with Stiles and Titles to the Pope , and sealed it with his Majesties signet ( which was intrusted to him as Secretary ) to the indangering his Majesties Honor , Life , Crown ; and Estate , and the subversion of true Religion , and the whole Professors thereof . He acknowledged that his offence admits no defence : for however he conceived that the keeping of Intelligence with the Pope , might advance his Majesties Succession to the crown of England , yet knowing his Majesties resolution never to use any crooked course , but to rest upon Gods providence and his own right ; therefore he intreated all that were present , to bear witness of his confession and true remorse for his offence● Only he craved liberty to protest , That he never intended an alteration of Religion , nor Toleration of the contrary , but conceiving some good might have been wrought thereby at that time , and to promote his Majesties right , Concluding that not to make more trouble to the Judges , he had confessed the truth , and wished as God should be mercifull to his own soul , that the King was most falsely and wrongfully charged with the said Letter , &c. The Jury were Noblemen his Pares five Earls , four Lords , and six Knights , who gave Verdict of his guilt of Treason and of art and part of the whole treasonable Crimes contained in the Indictment . And ready for Execution he was reprieved by intercession of the Queen in England , and returned to Faulkland Prison , and afterwards licensed to his own house in Balmerinoch , where his sickness increased of grief , and there he dyed . He was accounted a Person of abilities sufficient for his places in Session and Council , whose conscience stretched out to his gain ▪ and possessing much of the Churches lands , was a constant Enemy under hand , to the Kings desire of restoring Ecclesiastical Jurisdiction to the Bishops . And such end befalls false servants . However this Man died repentant of his fact , and evermore acknowledging the Kings grace and mercy , which not only was thus far expressed in favour to him , that once had been trusted by the King , and who in truth seldom lessened his royal disposition to any of his Creatures , without great cause to the contrary , so not long after his son was restored in blood and honor with the like grace as formerly to his father . And he also afterwards a like ungrateful wretch , to his Soveraign King Charles , and for an infamous Libel which he framed and dispersed against his Majesty , was by his Peers in Scotland , condemned to dye as a Traytor , To whom this mercifull Prince the inheritor of his fathers glories afforded his Sovereign balm of mercies ; this Balmerino also not only reprieved , but pardoned under the great seal of that Kingdom , which he received upon his knees at that Council-Table , with the highest magnifying the Kings mercy , the humblest acknowledging his and his fathers infinite obligations , by which they both stood for ever ingaged to the service of the Crown . In so much ( the Records say ) the whole Council recommended him , as a Person so highly resenting this grace of the King , that by his own protestation inducing their Confidence , He was become a Mark of the Kings mercy , and as new-molded and made fit for the future ; No doubt an humble Subject for his Sovereigns choice Service . And yet this Man ●ot long after , proved the Contriver and the most malicious Prosecutor of such conspiracies , as may be said to be the forerunners of that Kings miserable and final destruction . I cannot learn whether he be living in this sin , and so as yet spared for Gods mercy , or unrepentant dead to his Judgments sure and suddain . But to our business in Scotland . In the next Assembly at Glascow , the Bishops took upon them to inlarge their own authority in the Administration of all Church affairs , And yet not willing to make any change ( though by the Kings command ) without brotherly approbation of the Ministers , They assemble together and consent unto Articles of Government and power of the Bishops . In which Assembly the Popish Lords supplicate for absolution and to subscribe to the confession of faith . Huntley did so , and returned to his own County , Arroll went about it too , but suddainly fell into such confused terror , as offering violence upon his own person , , he was spared by his intercession of tears and prayers , not to be forced against the reluctancy of his Conscience , who in truth of all that sect , shewed evermore much of tender minde , to endeavour satisfaction to himself , and so received more civility from the Church ever after . Angus was most averse and had leave to banish himself into France , where he died at Paris some years after . There had been a good progress in Scotland for quieting the Clergie , and renewing the repute of the prelacie . And therefore the Arch-Bishop of Glascow , with the Bishops of Brigen and Galloway , having audience of the King in relation to the affairs of the Church of Scotland . Told them with what care and charge he had repossessed the Bishopricks out of the hands of the Laity and other sacreligious pretenders , and settled them upon reverend Men as he hoped worthy of their places . But since he could not consecrate them Bishops , nor they assume that honor to themselves , and that in Scotland there was not a sufficient Number to enter charge by Consecration , he had therefore called them into England ; that being here consecrated themselves , they might give ordination at home , and so the Presbyters mouths stopped . For they had maliciously and falsely reported , that the King took upon him to create Bishops and bestow spiritual Offices , which he never did , always acknowledging that Authority to belong to Christ alone , and whom he had authorized with his own power . One thing admitted dispute The Arch-Bishops of Canterbury , and York , always pretended Jurisdiction over Scotland , and so now this consecration might be taken as a voluntary subjection to this Church . But therefore London , Ely , and Bath , performed it to them , and they ordained others at home , And carried back Directions for a High Commission Court also , for ordering of causes Ecclesiastical , which were approved by their Clergie , and put into obedience . From these good Men , The King fished out the behaviours of his Council there ; and therefore to settle them in terms of honor and state at their Table , they were to convene twice a week , and None to stay in the Room , but Counsellors , nor any solicitations there . But being come instantly to take their places sitting , not standing , unless they pleaded for themselves , and then to rise and stand at the end of the Table , ( for they were wont to quarrel and to cuff , cross the board . ) No Counsellor to be absent four days without leave of the rest . Each single Counsellor to be Justice of Peace in all the Kingdom , & to preserve respect to their places they should not trample the streets on foot , but in Coach or Horse-back with footcloths . This brought some esteem to that Board , who before were bearded by every Kirk-Iohn , or Lay-Elder . And after this posture of Governing , Patrick Stewart Earl of the Isles Orkney and Yetland was sent for , to humble himself to imprisonment : A Custom also which was setled in the Council , to command any Malignant , to be in Ward by such a day , or else to be horned Rebell This great man ▪ ( at home ) is there humbled before the Bishop of Orkney , and is by him examined , ( so soon is the Kings ordinance obeyed . ) His Crimes grew up from his poverty ( made so by his own riot and prodigality ) which now he seeks to repair by shifts of Tyranny over the people , under his Command ; and being by the Bishop reported so to the Council , he was committed to Prison , untill the pleasure of the King deals further , in Mercy or Justice . But to exercise that Nation by degrees of punishment , he was afterwards released and returned home to better behaviour , wherein he became for the future so faultie , that two years after he was executed . We have hinted heretofore the Kings business at home , which in truth was his wisdom to wade through . To suppress the trayterous designes of the Papists , and to settle the fiery dispositions of the Schismaticks ; for the first , their own violent progression in their late Pouder-plot , drew upon them publick lawes of chastisement . But these Other , ( alas ) their Motion now not so violent , yet perpetual , & the more warily to be dealt with . And because no disputes , Arguments nor Policies could reduce them , therefore the spiritual High-Commission-Court took some course , moderately to regulate their Insolencies . Busie this Parliament had been in disputes , of the Common and Civil Laws ; The first strained to such a necessitary power , as in short event , would mightily qualifie the other to nothing . Besides , this Session sate long and supplyed not the Kings wants , wasting time ( as ever sithence ) in seeking Grievances . To palliate the Lower-House , some Messages had informed his necessary expences , and to both Houses , the new Treasurer ( late Earl of Salisbury ) opened the emptiness of his Office. And at last the King speaks for himself , at a Meeting at White-Hall . He spake well , and now prolix , which yet I must present thus long . Perfect Spe●ches open the times and truth to posterity , against our Carping Adversary ; I need not quote his pages , take his whole History passionately and partially distempered , throughout . The King forgets not their late loving duties , and therefore recompenseth them with a rare present , a Chrystall Mirror , the heart of their King , which though it be in Manu Domini , so will he set it , in oculis populi . The principal things ( says he ) agitated in this Parliament were three . First , Your support to me . Secondly , My relief to you . But the third , How I would govern , as to former constitutions , or by absolute power . He begins with the last . That Monarchy is the supremest thing upon Earth , illustrated by three similitudes . First out of Gods word , You are Gods. Secondly out of Philosophie , Parens patriae . Thirdly out of Policie , the Head of this Microcosm Man. For the first , The attributes of God ; Creation , Destruction , Reparation , to judge and not be judged , and to have power of Soul and Body ; so of Kings ; and can make of Subjects as at Chesse , a pawn to take a Bishop or Knight , to cry up and down their Subjects , as their coin ; And as their Soul and Body to God , so to the King , affections of the Soul , and service of the Body . And he justified the Bishops late Sermon of the Kings power in Abstracto , to be true Divinity . But then as to the general , so to exhort them , how to help such a good King as now they have , putting a difference between Power in Divinity , and the setled state of this Kingdom . For the second , fathers of families had Patriam potestatem , vitae et Necis , for Kings had their original as heirs from them , planted in Colonies through the world . And all laws allow Parents , to dispose of children at pleasure . For the last , The head judgeth of the Members , to cure or cut off . But yet these powers are ordained ad correctionem , non ad destructionem : and as God destroys not , but preserves nature , so a father to his Children , a Head to his Members . But then he distinguished the state of Kings in Original , and of setled Monarchs . For as God in the old Testament spake by Oracles , and wrought by Miracles , yet after the Church was setled in Christ , and a cessation of both , he governed by his revealed Will , his Words . So Kings beginning by Conquest or Election , their Wills , Lawes , and being setled in a civill policie , set down their mindes by Statutes , and at the desire of the people , the King grants them ; and so he becomes Lex Loquens , binding himself by a double Oath ; Tacitly as King , and expresly by his Oath at Coronation , a Paction with his People , as God with Noah . If otherwise he governs them , a King turns Tyrant ; Either govern by Law , says the widow to Alexander , A●t ne Rex sis . There needs no Rebellion against evil Kings , for God never leaves them unpunished . And concludes , That to dispute what God may do , is Blasphemy ; but Quid vult Deus ? is Divinity ; so of Kings ; Sedition in Subjects , to dispute a Posse ad Esse . He professes , Reason for his Actions , and Rule for his Laws . He dislikes not the Common Law , favourable to Kings , and extendeth his Prerogative ; To despise it , were to neglect his own Crown . The Civil , serves more for general learning , and most necessary for commerce with Nations , as Lex Gentium ; but though not fit for the general Government of this People , yet not to be therefore extinct , not to prefer Civil before Common Law , but bounded to such Courts and Causes as have been in ancient use , as the Courts Ecclesiastical , Admiralty , of Request , reserving Common Law as fundamental , Prerogative or Privilege , King and Subject , or themselves , Meum & Tunm . No Kingdom in the World governed meerly by Civil Law ; their Municipal Laws always agree with their Customes . God governed his People by Laws , Ceremonial , Moral , Iudicial ; Iudicial onely for a certain people and a certain time . Example , If Hanging for Theft were turned to treble restitution , as in Moses Law , What will become of the middle Shires , the Irishry , and Highlanders ? If fundamentally be altered , Who can discern Meum & tuum ? It would be like the Gregorian Calendar , which destroys the old , and yet this new troubles all the Debts and Accounts of Tra●●ick and Merchandise . Nay , the King avows , by it he knows not his own age , for now his birth-day removes ten days nearer him than it was before that change . And yet he desires three things to be cleared in the Common Law , and by advice of Parliament . 1. That it were in English : for since it is our Plea against Papists for their language in Gods service , an unknown Tongue , ( Moses Law being written in the Fringes of the Priests garments ) so our Laws ; that excuse of ignorance may not be , for conforming themselves thereunto . 2. Our Common Law is unsettled in the text , grounded upon Custom , or Reports and Cases , called Responsa Prudentum : Indeed so are all other Laws ( save in Denmark and Norway , where the Letter resolves ) the circumstances making variations , that therefore so many Doctors Comments , so many different Opinions ; the Iudges themselves disclame and recede from the judgment of their Predecessors , the Parliament might set down Acts of Confirmation for all times to come , and so not to depend on uncertain opinions of Iudges and Reports ; nay , there are contrary Reports and Presidents . The same corruption in the Acts of Parliaments ( which he called Cuffing Statutes ) and penned in divers senses , and some penal , which no man can avoid , disagreeing from this our time , yet no tyrannous or avaritious King would endure . 3. For Prohibitions , he hath been thought to be an Enemy to them , he wishes that each Court might have limits of Iurisdiction certain ; and then , if encroached upon , Prohibitions to issue out of the Kings Bench or Chancery ; and so to keep every River within his proper banks . The abuse and over-flowing of Prohibitions brings in most Moulture to their own Mill. The King had taken it in task , in two or three several Meetings before , and after a large Hearing , he told them , Ab initio non fuit sic . And therefore ordered each Court to contain themselves within their own bounds . That the Common Law be sparing of their Prohibitions also , and to grant them , 1. In a lawfull form , but in open Court onely . 2. Upon just and mature information of the Cause ; for as good have no Sentence , as not Execution . He instanced in a poor Ministers Case , thereby enforced to forbear his flock , becomes non-resident , obtains a Sentence , and expecting the fruit is defrauded by Prohibition , like CHRIST'S Parable . That night shall his soul be taken from him . Tortured like Tantalus , gaping for the Apple , it is pulled away by Prohibition . And concludes , with the difference of true use , and abounding in abuse , to be considered . The second general Ground , Grievances are presented in Parliament as the Representative of the People , the highest Court of Iustice , but concerns the lower House properly . The manner , opportune in Parliament or inopportune as private men ; but then , not to be greedily sought for , nor taken up in the streets ; thereby to shew , that ye would have a shew made of more abuses , than in truth of cause ; not to multiply them , as a noise amongst the People . So that , at the very beginning of this Session , each one multiplied and mustered them , as his Spleen pleased . He therefore thanks them , for that these finding many such Papers , stuft up in a Sack , rather like Pasquils than Complaints , proceeding more from murmuring spirits , they made a publick Bone-fire of them all ; a good effect of an ill cause . So to take care to prevent the like ; lest the lower House become the place for Pasquils , and may have such Papers cast in , as may contain Treason or Scandal to the King and his Posterity , the ancient order was to be openly and avowably presented to the Speaker first . He confesses , that they are just and faithfull to their Trust , to be informed of Grievances ; and acknowledges , that his publick Directions and Commissions may be abused in the Execution , and he not informed but by them . He advises them , not to meddle with the main points of Governments , his craft , Tractent fabrilia fabri . He being an old King , six and thirty years in Scotland , and seven years in England ; and therefore there needs not too many Phormio's to teach Hannibal ; he will not be taught his Office ; nor are they to meddle with his ancient Rights received from his Predecessors , More majorum . All Novelties are dangerous . Lastly , not to call that Grievance which is establisht by a settled Law , and to which to press the King is misduty in the Subject , knowing before hand he will refuse them . If not convenient , amend it by Parliament , but term it not a Grievance . To be grieved at the Law , is to be grieved with the King the Patron of the Law ; and he allows them to distinguish between a fault of the Person and the Things . For Example . The High Commission is complained of ; Try the abuse and spare not , but do not destroy the Court of Commission , that were to abridg the Kings power . And plainly he resolves ; seeing that Court is of so high a nature , to restrain it onely to the two Arch-Bishops ; heretofore common to more . Nor shall any man be to him more Puritan to complain , as well out as in Parliament , of defects therein , onely , grieve ye not at the Commission it self . He desires them , that their Grievances savour not of particular mens thoughts , but rather rising out of the peoples mindes ; not of the humour of the Propounder ; that mans passion will easily discover him . Petitions also , though they be general , are so to be distinguished . The third general Cause concerns himself , which he always leaves hindmost , ( and had left it to his Treasurer ) being distrustfull , naturally less eloquent in his own concernment . That this Officer had already accounted to them of the Kings Havings and his Expendings , which he hopes they acknowledg as a favour , to be particularly acquainted with his State. His Predecessor seldom afforded the like . Duty he clames of them ; one of the branches being to supply their Sovereign ; but the quantity and time proceeds from their loves ; and therefore disputes not a Kings power , but what , with their good wills ; and wishes them , as he , to avoid extremes ; for if they fail in the one ( Supply ) or in the manner of Levy , both he and the Countrey shall have cause to blame them . And as the secular Nobility are hereditary Lords of Parliament , and the Bishops live neuter , Barons of the same , and give but their own ; but the lower House being the Representative of the Commons , give for themselves and others , and so may be the more liberal : yet if too much , they abuse the King and hurt the People ; which he will never accept ; their true love being the greatest security to any wise or just Prince . So they need not the fear of that Item by one of their Members , In giving too much to endanger your Throats-cutting when ye came home . He loves freedom of Gift with discretion . He never laboured for their Voices to that end , detesting to hunt for Emendicata suffragia . But then , as not to give him a Purse with a Knife ; So not to excuse and cloak their particular humours , by alleging the Poverty of the People : To such persons , though he will not be less just , yet not in reason to gratifie them when it may come in their way , to want him . He heard that it was propounded whether the Kings wants ought to be relieved or not ? Certainly , though it may seem his particular , yet being Parens Patriae , and tells them his wants ; nay , Patria ipsa , by him speaks to them ; for if the King wants , the State wants ; and therefore the strengthning of the King , is the standing of the State ; and wo be to him that divides the weal of the one from the other . And as a rich King is but miserable over a poor People ; so a potent People cannot subsist , if their Kings means maintains not his State , being the sinews of War and Peace : and it grieves him to crave of others , that was born to be begged of . And if he desires more of them than ever any King did , so hath he juster reason than any King had . And in particular , the accession of more Crowns in him , so the more honour to Subjects , and the more charge . His fruitfull Issue , which God gives him for their use , of great expence ; and yet Queen Elizabeth notwithstanding her Orbity , had more given her than ever any of her Predecessors . The Creation of his Son draws near , for whom he says no more , the sight of himself speaks to you . That he hath spent much , but yet not to be spared ; the late Queens Funeral ; the solemnity of his and his Wives entry in this Kingdom ; the Triumph through the City , and his Coronation ; Visus of Princes in person ; and the Ambassadors of most Potentates of Christendom ; could he in honor of the Kingdom do less than bid them welcome ? But if they will imbound his Supplies , to the case onely of War , so upon the point , notwithstanding his intern Peace , he is to send supply of Forces to Cleves , both in respect of State , and cause of Religion : his Pensions , the late Queens old Commanders of Berwick ; besides his pretty Seminary of Souldiers in the Forts of this Kingdom , and also the cautionary Towns of Flushing and Brill , beyond Seas ; his uncertain charges in Ireland ; the last years Rebellion brake forth there of extraordinary charge , and a constant Army , which he dares not diminish , till this Plantation take effect , the great Mote no doubt in the Rebells eys . His expence in Liberality ( objected ) hath been given amongst them , and so what comes from them , returns amongst them . 'T is true , had I not been liberal to my old Servants Scotish-men , you might suspect me ingrate to you my new subjects , and yet assures them , his bounty hath been twice more to English . So then to his shame be it , of your house that said , Your Silver and Gold abounded at Edenburgh ; but I wish him no worse than to be bound to live only upon the interest thereof , and but few of you that I look in the face , but have been Suitors for Honour and Profit . That vastness is past , Christmass and open-tide is ended with him . He had made Knights by hundreds , and Barons by scores ; he does not so now , & will do so no more . They need not now to reminde him , the sight of his children as a Natural Man , bids him be wary of expence . As for himself , he challenges any one far meaner , to be less inclinable to prodigal humours , of unnecessary things . What he hath said may move each member to spare him so much as they would spend on a supper , cast away at Dice in a Night , or bestow on a horse for fancy , that may break a Leg or Arm next morning . Conclusion , freeness in giving graceth the gift ; Bis dat qui citò dat ; his debts increase till his supply . All eys of forein statutes are upon this affair . Either they are unwilling to help him , or his state desperate not to be repaired , or that they part in disgrace with the King , or he in distast with the Parliament , our reputations were bred abroad and at home , the abilities of retribution to Neighbour Princes of good or harm , works much respect . A King contemned brings War , too late then to be supported , things foreseen are soon remedied . Meddle not with too much business at once , qui trop embrasse , rien estreint . And recommends to them necessary things . Religion . Papists increase , as if some New plot , the feminine sort so proud that ( as men say ) they are not to be medled with . It is surer to remove the Materials of fire , then to quench it . Nam levius laedit quicquid praevidimus ante . He means not stronger Lawes , but better Execution . Nor does blood and too much severity ; severe persecution makes but the gallantness of many mens spirits ( more than justness of the cause ) to take a pride , to die in repute of Martyrs . To clear some obscure doubts in taking the oath of Allegeance , who ought to be pressed therewith . Let all Recusants be presented without exception , and brought under the law . To wink at faults is neither Honor nor Mercy , in a King ; but to forgive after Tryal , may be Mercy ; dividing them in two Rancks ; Old Papists , Queen Maries Priests , and those that never drank other , than what they suckt of their Mothers milk . Secondly , Or such as do become Apostates from our Religion upon discontent or idle humour , new form as a new fashion : he pities the first , if good and quiet Subjects and may be civil and conversable . But for the other Apostates , they must expect no favour but Justice , and so that these Papists be no longer concealed . In the Common-wealth . He recommends the framing some New statutes for preservatives of Wood , which was the worse liked of you the last Session , because I put you upon it then , so necessary as not to be without it . It concerns their Esse ; the most Necessary Elements , Fire and Fuell : Their Bene Esse , decay of Wood , decay of Shipping . The security of this land is from the Sea as a wall , and by the Sea , wealth , Out-going and In-coming of commodities . If you will add pleasure Hawking and Hunting , some of them may be of his minde in that too , and preferre Game almost destroyed . He thought them but little , for their last law annent Partridges and Phesants , that every Farmer may destroy them in his own ground . So that if my brede fly over the hedg to his close , they are at his pleasure , the onely remedy to cast a Roof over all my ground , or put his Vervels on all Partridges , as on his Hawks , so to be known by his Army . And for their law against stealing of Dear or Conies . After their tedious discourse and prohibition , they conclude with restriction onely to stealers in the Night , Like the Lacedemonian Law against theft , not forbidding it , but to do it cunningly , whereupon the foolish Boy suffered the Fox to gnaw his heart through his breast . Like the lesson of the Canon ; Si non castè , tamen cautè . Exclaims also against the Gentlemen , that hunt not for sport , but ravenly with Nets and Guns destroy the Game . And ends as he began , the mirror of his heart . 1. Which may be abused with a false light , to mistake or misunderstand him . 2. Not to soil it with foul breath , and unclean hands ; not apt to pervert his words , with corrupt affections , like the toll of a Bell to some mens fancying , what it tincketh , that he thinketh . 3. Glass is brittle ; if it fall to the ground it breaks ; to contemn his heads , is not to conform to him . But he hopes with Gods blessing all things will end well : so farewell . And for this the Kings good Counsel to his Law-makers , they rewarded him with one Subsidy and one fifteen , which came to one hundred and six thousand , one hundred sixty and six pounds . These times of plenty intice the Gentry to spend at London , where the concourse of people raised the house rents , Prices , Markets , and robbed the Countrey of their commerce in the Neighbourhood of the wealthy House-keepers , for refreshing the poor , & discharging that burthen which it brought upon the Commons ( as hath been said . ) To restrain them , another Proclamation forbids all new buildings , within two miles of London ; This and other the like Inconveniences , not giving leasure to the Parliament to advise upon remedy , the Council-Table took care to rectifie . And therefore hereabouts , began the frequent necessity of publishing Proclamations , which were cunningly carped at , by such as could not endure , that any Commands should come forth , without license of the Lower-house . And not only now and ( heretofore ) but from time to time during this Kings Reign , the new buildings increasing in and about London were endeavoured to be suppressed , the chief Justice Popham and all other succeeding , resolved in opinion , their great Nusance to the whole Kingdom , like the spleen in Man , which in measure as it over-grows , the Body wasts , the Countrey must diminish if the City and Suburbs so increase ; not bringing wealth , but misery & surcharge to them and the Court , and therefore at Christmass the Gentry were commanded into their Countrey , to keep Hospitality then and after . Peace and plenty with us , taught our Neighbours to court their own necessities into a blessing also , and humbled the High-spirited Monarch of Spain , to descend to a Treaty for a Truce with his Rebell-Subjects , ( held so in former dayes ) the United provinces of the Netherlands , which in much policie , he soon concluded , not with very religious resolve on either part longto continue , for the Dukedome of Cleve descending to nice point of dissention , between two neighbor Princes Pretenders , Brandneburg and Newburg , The house of Austria quarrells his Interest also , and got hold of the strong Town of Iuliers . The French K. evermore near at hand , to draw back any advance to the swelling greatness of Spain , was a ready friend to assist the Dutch , who liked no such Neighborhood , and K. Iames , not unwilling to adjoyn his countenance , and forces out of the General Interest of all states , to ballance the over-powring of Neighbor Nations ; he being always more ambitious of hindring them , for invading one the other , than under any pretence of Title , or revenge , apt to question or conquer upon any others possession ; and all three not staying any further dispute , or delay of a Treaty therein , with a threefold Bond of an Army , besieges the Town , and with little difficulty took it for the right owner . But what other Interest , King Iames had in this quarrel , I know not , unless upon the old score of affection to a kinsman of the Scots , and a suffering Prince . The Duke of Guelders and Iuliers , of whom this Duke was descended , had been ancient and Magnanimous Kings of Saxonick-frizeland for many ages . The younger Brothers of that House , had been Kings of England for neer 600. years , untill the time of Edward the confessor ; The first Counts of Holland , till Florus who was the last , were younger Brothers of that descent . Amongst whom one William was the 26. Emperour of Germany ; The last Kings of Scotland by alliance were of the same house of Egmont , to wit , the Grand-children of the Lady Mary of Egmont , daughter to Arnold of Egmont , Duke of Guelderland , which Mary was married to Iames the second King of Scotland . And the Lady Margaret his sister espowsed to Frederick the second , Count Palatine , from whence proceeded Frederick , who married the sole daughter of this King Iames the sixth , for whose restauration all Germany , and many other large Countries , have suffered very much , in the late years then following . I may add also the Lady Philippa of Egmont daughter to Adolphus of Egmont , Prince of Guelderland , married to Renatus , Duke of Lorain , from whom descended the Dukes of Lorain , who assume among their titles ( without any Contradiction ) the qualities of Dukes of Guelderland , Iuliers , and Cleveland ; and that by virtue alone of the Alliance with Egmont . But greatness submits to providence , the remainder of this royall blood is lately Anno. 1654. wholy shut up in the veins of Prince Lewis Duke of Guelders and Iuliers , Count of Egmont and Zutphen . His great Estate and Revenues relinquishing in the Low Countreys 22. years before his death , and sustained himself only with the means of a petty Sovereignty in Lukeland in spite of the Spaniard his mortal Enemy , but ranging abroad to seek relief and support against his Tyranny , he died at Paris with this Epitaph . Hic jacet Egmontos , Germano è stemmate Regum . Cui mors plus peteret , quam sua vita dedit . Huic ctenim Patrios quaerebat vita ducatus . At mors nobilior regia sceptra dedit . As for the Netherlands , It belongs not to me to judge of their duty to Spain , nor their division now , whether Spain hath injured them : certainly they were disloyal to him . He pretends Absolute Sovereignty , They but conditional obedience . But without dispute , Holland and Zeland belonged to the Lady Iaquelin of Henault , who to save her own life was forced to relinquish her Estate ; And Zutphen and Gelders did of right belong to the Duke Arnold , who being Prisoner with the last Duke of Burgundie , who died before Nancie , that Duke intruded upon his possession , to the prejudice of Adolph his son and lawfull Successor , the immediate cause of the quarrell after . But this siege of Iuliers was the last action of that fourth Henry Le grand of France : for the next year succeeding : he was stab'd with a Jesuits impoysoned knife , as his Coach stopt upon one of the Bridges at Paris . In the Junto of time , when he had mustered all his forces , and ransacked together much Treasure for some secret design , which the Spaniard feared might fall upon him . And it was suspected for that cause only , that the politick Spaniards Interest sent him out of the world farr enough , from prejudice of him , having but lately repayed to this Crown , what had been lent his necessities heretofore by Queen Elizabeth , which came unto sixty thousand pounds . After five Sessions in six years time , the Parliament having wrastled with Sovereignty , which the King moderated by often speaking to them Himself : & yet finding them more willing to dispute , than to comply with his occasions , having on his part steered with all possible judgment , to terms of reconcilement , between his undoubted Prerogatives , and their Novell Privileges , ( as he termed them ) which rather increased , Arguments , by their so often Meetings ; He resolved therefore , to separate their Conjunction , and to adventure on the other way , to do himself right , by his own just reason , not to do the people any wrong , in the lawes of their liberties ; and so dissolved the Parliament by Proclamation . And now was performed , what the King intended last Sessions , to set forth his sonne Prince Henry then of the age of fifteen years , now 16. And because he was the first Prince here since Edward the sixth , we shall say somewhat of his dignity , the thirteenth Prince of Wales . The Kings eldest sonne & heir Apparant in England , was styled Prince , quasi primum locum capiens post Regem . Priviledg they had to wear Purple Silks and cloth of Gold and Tyssue in his apparell or upon his horse 24. Henry the eighth : but King Iames had repealed all lawes and statutes concerning apparel quarto Iacobi . They had purveyance , as the Kings or Queens . He is admitted Maintenance , to give Signes , Liveries , Badges to his Menials , as the King does : but for enormities of that kind , several statutes of former Kings abridged them , untill 12. Edward the fourth . He may have as many Chaplains as he will. The King by Common Law may have aid-money of his tenants by Knights fee , as of Soccage . That is , to make his eldest sonne Knight , and for marriage of her eldest daughter , ( He at fifteen years of age , She at seven ( saies Fitz-Harbert ) the sum of money at the Kings pleasure till 25 Edward 3. who restrained it , viz. of every Knights fee , holden without mean rate 20. shillings of every 20. pounds Land , without mean in Soccage 20. shillings , and so rata pro rata of lands in Soccage , and for lands of the tenure of Chivalry according to the quantity . To compass his death , or violate his wife is Treason , 20. Henry the eighth , and before the statute , the ancient common law in that case . He and other the Kings children , Les Enfants du Roy , born beyond Seas , shall inherit here . He had many Priviledges since 12. Edward , whose device it was , to draw the Welch to acknowledge the Kings Eldest sonne Edward of Carnarvan to be their Prince . But 27. Henry the eighth , there was a general resumption of his priviledges , as to Pardon Treasons , Murther , Man-slaughter , Felony ; power to make Justices of Oyre , Assize , and Pea●e , Goal-Delivery , &c. so from thenceforth he had onely Name and Title , but no other Jurisdiction then should be granted by his letters patents . He is invested with a Garland upon his head , a gold Ring on his finger , and a Virge of gold into his hand , to him and his Heirs the Kings of England for ever , as Prince of Wales and Earl of Chester , To sit at the right hand of the Cloth of Estate in Parliament . He shall not find pledges for profecution of any Action . Cook cals him Omni , Nomine , Numine , Magnus , by Destiny , Name , and Providence of God the greatest . Yet he is as a Subject , and shall be sued by action , and in token of subjection he bears upon his Arms , the three plumes arg . with this old Saxon word Ich. Dien . I serve . Gascon , chief Justice in the time of Henry the fourth , did commit the Prince , who would have taken a prisoner from the Barr in the Kings Bench , which the King justified . So much premised . The King gave his sonne also the honor of Knighthood , to make him capable to dine with the King , and had Ayd-money of the people . An ancient Custome from the Norman Conqueror and never till now disobeyed with any regret , which indeed came but to twenty one thousand and eight hundred pounds . And together he was also created Prince of Wales , Duke of Cornwall , Earl of Chester , &c. with all possible lustre that the father could express . But however our Historian takes upon him to pry into the Kings Heart , and ( though inscrutable ) devises a damnable and dangerous jelousie from the father , against the most incomparable Excellent merit of this his first born sonne . [ When afterwards the father saw him ( saith he ) too high mounted ] in the peoples love , and of an alluring spirit , to decline his paternall affections to him , and bring him to the low condition he fell in , may be the subject of my tears ( saies he ) not of my pen. Hic homo erubescit timere Caesarem , Ecce ! Behold this Author , This Man , Mecenas names him , Hic homo , this fellow , shames not to traduce his Sovereign King , For he lived his Subject . And here begins his trayterous intention , to wound the Kings sacred memory , ( as much as in him lies ) with a suspition of the death of this excellent Prince ; which another wretch says , [ was done with Poyson ] but of the truth we shall speak anon , when we treat of his natural death , not long after ; yet we are told [ What his fatherly care had been to match him with the Infanta of Spain , but after some Traverses , in a Treaty it was declined ] when in truth it was otherwise to my knowledge , for I can produce the letters from Sir Dudly Carlton , then Ambassadour at Venice , to the Lord Treasurer Salisbury , being an Accompt to the King how to advize the choice of a Wife , from the Protestant Princes , wherein after a large Narrative of their Interests and particular Characters ; he concludes . Thus farr I can confidently Counsel his Majestie , seeing his Religious resolution is fixed to Princes of the reformed Churches . But since I have been over-bold to ballance the weight of his Majesties sacred Intentions with my too much freedom , in the concernments of such eminent Princes , and the hazard of my person in the quality I carry here ; I beg of your Lordship , not to suffer these Avisoes to see other light , then the light fire . And was it likely , ( which our Historian inferrs a little before ) That after the Powder-Treason , the Murther of the French King , his Majesties speech in Parliament , and the Excellent Acts against Papists , he must hunt for a daughter in law from the farthest part of Christendom ? what his second son Prince Charles did after upon the like score , we shall in due time and place observe . The former passages of Jesuits , gave cause to all good Christians , to abhorr their villanies , and set on work the spirits of the pen-men , ( such as they were ) most sharpe set against them all , that professed the Romish Religion , and to work they went on all hands . The Papists to palliate such Actions as painted out the Jesuit in his devi●●sh likeness . The Puritan of the reformed Churches , to pick quarrels with all Catholicks alike , and those disputes were spread abroad in several Pamphlets and Pasquells , the Jesuit had friends to pay us , Two for One. A zealous Church-man of ours , Sutcliffe Doctor of Divinity procures a Patent for erecting a College at Chelsey near Westminster to consist of a Provost and 20. Fellowes , to be chosen by the Arch-Bishop of Canterbury , the Bishop of London , and the Universities Vice-Chancelors for the time being ; Intentionally for able men in School divinity , to answer and propose against our Grand Adversary Romanists . The affections of the people were so pregnant to this purpose , that in short time the Doctor had collected their free contributions of seven thousand pounds , whereout he disburses three thousand pounds , in the building , and buyes land of two hundred pounds rent per annum , with the remainder . And himself becomes the first Provost , and after his death Doctor Featly , Slaughter , and Wilkinson ( men of singular learning ) successively . So then it was S●tcliffe that sunck his own fortune to raise this fabrick , and not Bancroft the Arch-Bishop of Canterbury , who died this year , and much abused in his Character by our Chronicler . Nor did the King afford it more countenance , then wisely to give way to mens wilde fancies , especially when it took fire with the Puritan , for himself soon foresaw , that the witty Iesuit would wish no better sport , then to press us to death with printed Pasquells in place of serious controversies ; of which yet , ( no doubt also ) but Bellarmine had more Bookes to spare us , then his own budget full . Another reason . ( for I must be bound to bundle up Arguments , satisfactory to the Reader , in answer of Calumnies throughout the Hystorian , which makes this book thus bigg ) The other cause , The Title of the land , upon which the College is erected , was passed then by Howard Earl of Nottingham for years , at seven pound rent and a fine , when in truth after the Earls death the 12. Iac. It came to light that the interest was in his Widow during her life ( and fourty years after ) whom the Lord Mouson maries , and as her Administrator sells the interest to Duke Hamilton , whose delinquencie and death , leaves it to this State. And now 1654. disposed for a Garryson or a Prison , untill a good Customer for sale , puts it to better use . So then you see , the crackt title besides , broke the neck of this new College . We are fallen upon the Kings first favorite , with our Hystorians observation , That as Queen Ann had hers , he had his ; she loved the Earl of Pembroke , he the younger brother , whom he created Earl of Mountgomery . Men of Considerable descents , though of no fame in their merits , especially the last , of whom ( he says ) [ the King not finding sutable to his humour , his fancie ran upon another young Gentleman ] But the man is mistaken , for though the King was no quareller , yet he hated a Coward , and turned Mountgomery out of his affection , for being switcht by a mean Gentleman ( Ramsey ) a Scot , at a publick Horse-race . Though this favorite was urged to revenge , and backt by the English , fourty to one to defend him : He basely put it up to his death , and the dishonor of a Gentleman . What his after merits were to his end , let the world judge ; he living to full age , and having had his opportunity and choice , to become an honest man. Indeed the King was never without favorites , but changed them often into one more close and intrinsick , who served the turn for a Notable Skreen of envy , between him and his Subjects , upon whom the people ( as they never fail ) might handsomely bestow complaints , through his Masters faults . So Carr succeeded him , and his story followes hereafter . The splendor of the King , and Princess with the rest of the royall yssue , the concourse of strangers hither from forein Nations , the multitude of our own people from all parts of our three Kingdoms gave a wonderfull glory to the Court , at this time , the only Theatre of Majesty ; Not any way inferiour to the most Magnificent in Christendom ; Prince and people increasing in honor and wealth . And it was prudentiall in state to set it forth , with all moderate additions of Feasts , Masks , Comedies , Balls and such like , which our squeazie stomacht Historian ( it seems ) could never example in any part of his reading , and therefore sets his Gloss of reproach upon the King and them , but very favourably ( forsooth ) [ as not thereby to provoke himself to stain his innocent paper . ] I shall not trouble the dispute how farr they were politickly used in the Romane Common-wealth and Monarchy , how farr tollerable in Christian Kingdoms and States . They are necessary Mirrors , wherin mens Actions are reflected to their own view . Indeed some men privy to the uglyness of their own guilt , have been violent , not onely to crack but to break in pieces all those Looking-glasses , least their own deformities recoyle , and become eye-sores to themselves . We were wont to call them Theatres , representing in little the Entrance , Acts and Exits of Man , where we may behold Language , Manners , and Behaviour the best ; the matter good for Imitation , bad to shun , to teach virtue , reprove vice , and amend manners , tempering the mind for good impression , or defect in most of our youth , thrust into devotion without polite manners , forceably taught on the Stage ; where virtue is somewhat more seen to a mortall eye , with admiration , not to inforce men ( spight of Humanity ) to serve God with austerity , not Jubilation . This Christall ( fullied by time and malitious reports , not without some shadowes of piety , and counterfeit dress to amuze the world for a truth ) hath been cleared up to the view by several Pens , though by King Iames at that time , little valued for his own content , unless as Splendidae Nugae for the dress of Court-like recreations , but evermore with so much wit as might well become the exercise of an Academy . And thus much of playes . But stay , It is come to my knowledge , that our squeamish Informer was bred up a Poet , frequently a Rymer and Composer of playes , not without exceeding delight in himself to be so styled , though a mean one : but indeed since the reformation of them , the trade fell to decay , and he turned — trot any way to get money . Such another was A. M. who whilst he kept within the compass of that Dialect did well , and commendably ; but turn'd another professor , and ended his daies miserably . He went to Bed , as I am credibly informed , well in health , but disguised with drink , his usual custome , and was found in the morning , his head hung over the Bed-side , his hand leaning on the boards , it seems groveling for breath , being choaked with loathsome blood and flegm , foaming at his mouth , his tongue bleeting out , not able to call for succour of such , as lodged in the next room : so was he drencht , in drink and death . In this year 1611. was collected a Contribution of well affected Subjects called Loan-money being lent upon Privy Seals , an ordinary use and custome of all former Sovereigns , in time of necessity of their Prince , or state affairs and no New device , which now amounted unto One hundred eleven thousand fourty and six pounds , which was repayed back to divers , especially to such as craved satisfaction by money , Defalcation or Composition for other considerations , Satisfactory . There are sundry ways and means to make men rich , and commonly not so concealed , but it happens within the Ken of some acquaintance . But here we had one Thomas Sutton meanly born and bred , but some subsistence by marrying a widdow at Barwick farr short of wealth . It is rumoured , onelybecause of some probability , ( for other we have none ) that he bought a Fraight that came thither out of a Dutch Pirate , who ( it seems ) could not stay to make better market ; And therein was found concealed Treasure in some Cask : his first advance ; which he so increased by Interest and purchases , as having no heir , he designed a pious foundation at Hallingbury Bowcher in Essex ; but afterwards purchased the Charter-house near Smithfield London of the Earl of Suffolk , enriched it with divers dependances of lands and Tenements , for which he paid in hand 13000 l , and procured Letters Patents to erect The Hospital of King James founded in the Charter-house in the County of Middlesex , at the proper cost of Thomas Sutton Esquire , for maintenance of eighty decayed Gentlemen Souldiers , a chamber and dyet , and 8. l a piece pe●sion annually and a cloth-Gown in two years , with a free School for Scholars , Chamber Diet and Apparell , to be governed for the present by the Arch-Bishop of Canterbury , Lord Chancellor , Lord Treasurer , Bishops of London and Ely , chief Iustice , and Iustice Foster , the Attorney general , Dean of Pauls and Worcester , a Master of the Chancery , and four more Gentlemen his familiar friends , and Thomas Brown the first elect Master of the Hospital , and this for ever , and as any Governours die , the Major party to Elect another . Besides he gave in Legacie so many thousands , as it did astonish all men in those daies , how he came by so much wealth . Since the Kings absence , the Papists were for these last three years much increased in the North parts of Scotland , and complaints made of the funeral Obsequies of the Lord Oglevy and Gight after the Popish rites . And though ( as before remembred ) some care had been for reducing the Earls Huntley , Angus , and Arroll . Yet of late Huntley returning from England , pretends some commands from the King , to mitigate Ecclesiastical proceeding on his behalf , which encouraged the others , and the rest of their Profession , openly contemning the Church Censures . The Assembly therefore had sent petitions to the King , for further authority to suppress these Inconveniences . The Kings answer was , That Huntley had no such warrant from him , but pretending that he had kept all injunctions prescribed him , except that of communicating with the Sacrament of the Lords Supper , which the King thought fit for the present , to referr to the Council for time of conforming ; but if he did persist , his Majesty would accompt of him as intending the head of a faction , and therefore rather to root him out , than to nourish his follies by a preposterous Toleration . They were therefore confined unto several Cities ten dayes together , there to hear Sermons and admit of conference , and to forbear Papist-priests companies , that the sons of Oglevy and Gight should be committed . This prescription too strickt , the three Earls revolt and therefore an Assembly was called by the Kings Comand , ( for so of late they were regulated not to convene of themselves ) and the Names of Papists inrolled were found Numerous , and Huntleys faction in the North were of the most . He being cited , appears not nor sends any excuse , and therefore by the Assembly is excommunicated , and the sentence pronounced publick , and no absolution to be given by any offers of his whatsoever , and the like against Angus , Arrol , and Semple . This was too rigorous and unchristian , the Church being open to all Penitents . And truly the inconveniences being examined from that time by the Churches too frequent Excommunicating of many persons fugitives , for Capital Crimes . The Kings Christian consideration herein , was signified to them by his Commands . That their Sentences of that kinde were far abused from the first pious policie of institution , for such persons as have been cited before Ecclesiastical judicatures for capital cases , and dare not compeir for fear of Life , are yet excommunicated as Persons contumacious , when onely their fear may excuse their absence , and really cannot be judged Contemners of the Church . And in truth the Venetian Padre Paulo in his Treatise , did learnedly confute the Popes sentence against him , for not appearing in a Cause of Heresie , onely upon his just fear he pretended , and had his Appeal justified by all good Christians , and indifferent men . Wee may resemble the Scots Courses therein , to the Muscovites manner , who if he be offended with any man , commands him to send his head in a Charger , even so they , will the offender to come into Court and be hang'd , which no Penitent would do , rather to suffer sentence than to hazard themselves into Presbyters handling , a second Inquisition , and so in truth their Church suffers under scandall and contempt . And accordingly their Assemblies were afterwards reduced to conform to Reformation herein . The Clergies Arguments somewhat Canonicall ( if as the Pope they cannot erre ) That the Churches form may not be changed , which terrifies the common Man from their Crimes . But then let them be answered from the principall end of such Censures ( especially Excommunication ) which was reclaiming , not confounding of offenders . The principal use having no place , that other Secondary Ends ought not to be respected . The case of fugitives ; How could the Censure avail to their reclaiming , they being absent from admonition ? Men in such a Case truly sorrowfull for their sinnee & sentenced , are in truth bound up by the Church whom God hath loosed . But that Church evermore expressed their hot zeal of excommunication by their fire-brand Execution , the pretended Sanction of their Sion . The lustrous ray and beam of Sovereignty , was intrenched upon by the Heir of the Earl of Eglington in Scotland , being adopted so from him , that had no Successor of birth , or kindred . This man was Sir Alexander Seaton , a Cousin Germain , and with this Proviso by will , That he and his children should take the Name , and use of the Arms of the House of Mountgomery . This bold bearing came to the disquisition ( I remember ) in our Heralds office , of which , Garter , principall King of Arms , informs the King as an ill President , for though Noblemen may dispose of their lands , they cannot alienate their honors from the Sovereign fountain of all honours in his Kingdomes . And so Sir Alexander was unlorded , till the Kings grace gave him Creation , some years after the honors of Eglington onely . The King was had in high esteem , to be not onely Rex pacificus in temporal affairs , but Nutricius Ecclesiae in spiritual relations to the Church , yet very tender to meddle in politicks of Neighbour Princes , unless by Envoyes and Ambassies of Brotherly advice . But for the state of the Church Reformed , he was pleased to take upon him Defensor fidei with tongue , pen , and sword , if need were . And there●n he gave his reasons for every Christian King to have an Interest , though in Aliena Republica . And in his hunting progress , having met with two Bookes of Conradus Vorstius , who had the degree of Doctor of Divinity at Leyden in Holland , the one Tractatus Theologicus D●o , dedicated to the Landt-grave of Hessen , dated 1610. the other his Exegesis Apologetica , dedicated to the States 1611. Upon this latter book , He dispatches commands to Sir Ralph Winwood his Ambassador Lieger , and Counsellor in the Counsel of State in those Countries , in his Name to declare to the States General , Not onely his Majesties high resentment of the Monstrous Blasphemies and horrid Atheism therein , worthy to be burnt , and the Author punished ; but also his infinite displeasure , to have him succeed Arminius ( such another Monster lately dead ) Divinity Reader in that University . And though he hath recanted his former Atheisticall opinions ; it was too slender Satisfaction , for so foul an Enemie to the Essence of the Deity . The States General in answer , do most humbly acknowledg his Majesties Princely assistance untill this time for preservation of their bodies , rights and liberties , against their powerfull Enemie , introducing the Inquisition and constraint of their consciences in matters of Religion . That the Curators of the University of Leyden , by custome of that foundation , have the charge to settle that Lecture , and did elect , and send for Vorstius in Anno 1610. from Steinford a Town of the County of Tecklenburgh ( the first that cast off the yoke of Papacy in Germany , and so continue ) where he was Professor fifteen years , and for Learning much admired by Prince Maurice Landt-grave of Hessen , as worthy of preferment in any University in his Countrey . And their Message was seconded from his Excellency Prince Maurice , and the State of Holland in his behalf , who notwithstanding had opposition by some ; against whom and all others accusers , he challenged the dispute , but they never appeared . The next Moneth six Ministers accused him of false and unsound doctrine , and disputed it with him , before the Curators and six other Ministers , in full Assembly of the States of Holland , who all of them adjudged the Election lawfull , and the man full of merit . The next Moneth after that , Certain Articles came over thither and dispersed in printed Pamphlets , to which publick declarations were made by the States ; that Vorstius should be ready to answer the intention of the States , being to permit no Profess●rs , but according to the Religion reformed and grounded on Gods word , and that if his Majestie were well informed , he would in his high wisdom , prudence , and benignity conceave favourably of their proceedings , they being confident that this business is managed with all due reverence , to his Majesties serious admonition , as becometh them , 1 Octob. 1611. In the time of these Transactions , Vorstius gives ayme for his Bookes to be brought hither ; accompanied with an other De Apostasia sanctorum , and a Letter of the Author Vorstius to the Arch-Bishop of Canterbury , avowing the doctrine therein to agree with the Church of England , and so that Book intended to fire the next Neighbours with this fuell ( Non solum paries proximus jam ardebat ) was , by order , publickly burnt at Pauls-Cross and both Universities . The King continuing the Hunt to Unkenell this Fox , writes himself to the States , That notwithstanding his Ambassàdors propositions , They proceed to provide a place for that Corrupted Person , and with Protection and License to print his Apologie dedicated to the States , impudently maintaining those former Execrable Blasphemies ; forewarning them of the corrupt seed , of the late Arminius that Enemie of God , and of both their Infections , dividing their Countrey-men into factions so opposite to Unity , as must needs bring them to ruine ; Remembers them of his forewarnings , by the effects since of Arminius his tenents , & their distractions bred from thence , shews themthe impudency of one of his Secretaries , Vorstius his Book and Letter . If these be not motives , he prophesies the rent of their Nation , the curse of God , and Infamy to our Religion , wishes to have Vorstius suffer the fire , least his poyson which denies the Eternity and Omnipotencie of God , should invenome their youth , corrupt their souls , and hazard the safety of their State ; And threatens them if they fail in his Councils , he will be forced to protest and separate from the Union of their Churches . Westminster 6 October 1611. The States notwithstanding hasten their own resolutions , and Vorstius was setled in the Chair of Professor , nor did these Letters cool their affections , which heightned Sir Ralph Winwood to make this remonstrance , viz. My Lords , if ever the King of Great Britain his Master , hath merited of the states ( with great favours and royall assistances themselves with all gratitudes have acknowledged ) , surely then in these his letters of zeal & piety for establishing that Relion onely within their Provinces , which England , France , Germany have mutually embraced , not regarding otherwise the Persons or Profession of Vorstius or Heresies of Arminius , but as by them Religion to be sophisticated or dipraved by the schismes of Arminius , or the fancie of Vorstius , new devised sects of several pieces of all sorts of Heresies , ancient and modern , and these are they . Out of his Annotations . That God hath a Body , so as we take a Body in the Largest sence . They therefore speak not circumspectly enough who say that God is altogether as unchangeable in his will , as he is in his Essence . We cannot read , That the substance of God is simply immense , nay quite contrary . No Magnitude is actually infinite , and therefore God is not . That every event of things were precisely set down from eternity , there needed not then that continual inspection and procuration , which nevertheless is every where attributed to God. They who teach , That there is in God Universal knowledg in genere answer more fully , but so as they likewise confess , that there be more causes of Certainty , in the visions of things present , then in the vision of things future contingent . Al things which he hath decreed & determined ●no modo & actu , he doth after such his determination exactly know them ; But this cannot be confirmed of all and every other thing , which are or come to pass being considered severally and ●y themselves , because they have their existence , not onely successively in time , but also contingently and oft●times conditionally . Out of his Apologie . That the Fa●●er hath a certain peculiar being , or as it were all immitted and ●ounded essence . That there are really certain internall accidents in God , in the very fore-electing mind and will of God. In the sixteenth Chap. He dissents from the received opinions of Divines , concerning the Ubiquity of Gods presence . In the nineteenth chap. He attributes to God magnitude and quantity . These being in part his opinions , whom they had chosen in the Chair at Leyden , he conjures them to beware , Ne quid Respublica detrimenti capiat , The disciples of Socinius seek him for their Master . He is a bird of their own feather , let him go , Et dignum sane patella Operculum , and your own Students at Leyden 56. of them by their Remonstrance but the last year to the States of Holland , besought not to be compelled to receive him , who is convinced of his Errors , by the Divinity Colleges at Basil and H●ydelburgh , by evidence out of his own writings . These reasons with the general petitions of all Ministers , ( except of Arminius ) may no doubt prevail . And withall he tells them , that his Majesty moves them to set down some certain Reglement in Religion , to restrain licentious disputations , and absolutely to depress the liberty of prophecying , so much recommended by Vorstius in his Epistle to the States , of his Anti-Bellarmine , so much boasted of . And remembring them of their Valiances in defence of their liberties of Consciences for fourty years wars , they would not now make their actions Example for the Sect of Arminius ; to proclame that wicked doctrine of Apostacy of Saints . And concludes that Religion is the Soder of Amity between his Majesty and Them ; wherein if they grow cold , their friendships will freeze . After six weeks delay , though prosecuted for an Answer , they tel him , How they have deliberated upon all former passages , and thank his Majesty for his affection to their Countrey and preservation of the Reformed Religion , and did thereupon order , That Vorstius should not be admitted , nor is but as an Inhabitant ; and unless he can clear his accusations , The States of Holland and West freezeland before February next , ( the time of their meeting ) would then decide the difference . And thus much was all what could be done , in respect of inconvenience and distast to the principal Towns of those Provinees . This being all , and in effect worse then nothing , Winwood resolves to Protest , and did in their publick Assembly . He begins ( like the Advocates in France , with a Latin sentence out of the Scripture . ) Si peccaverit in te frater tuus , argue eum inter te ; si audiverit te , &c. si non adhibiruum atquae alterum , &c. si non eos ; dic Ecclesiae , and so recounting the Kings favours to them , the whole matter of Vorstius and the proceedings thereupon , concludes for those reasons he does in his Majesties Name , protest against the receiving and retaining of Vorstius , and against the violence offered unto the Alliance , betwixt the King and Them ; founded on the Reformed Religion which they have violated , of which his Majesty is so sensible , if reparation be not speedily made , as his Majesty will further declare to the world in print . To this they Answer , That however his Maiesty hath not as yet received contentment in the business of Vorstius , as he might expect , but at the Assembly in February next , his Majesty shall receive entire satisfaction . The time come , and the Assembly continuing their settlement of Vorstius , the King imprints a Declaration , giving his reasons very learned in many particulars , why he engaged In aliena Republica . The glory of God , The Christian charity to his Neighbours and Allies , especially towards the Houshold of faith , The impoysoning of their youth , Quo semel est imbuta recens , servabit odorem Testa diu ; and the Apostle Saint Iohn , in that respect , Ne dicas illi Ave ; and answers all objections and excuses for Vorstius , with this Maxime , that even in doubtfull questions , Men are naturally inclined co choose the evill , and leave the good , as Du Bartas saies of the destruction of Sodom . De peur qu'en Offensant des saincts l'oreille tendre , Ie ne les semble plus enseigner , que reprendre . For fear of offending good peoples Eare , I rather teach then with them forbear . Then the King falls upon his Bookes , especially His modest Christian answer , and first in his Preface it is observed , how in love he is with himself and his Nick-Name , Purus putus Evangelicus , a mainly pure Gospeller : and indeed the ancient Hereticks called themselves Catharoi ; and another Sect , the Anabaptists , Puritans ; from whence all our Pr●cifians in these latter times , who fancying to refuse conformity , with the orders of our Church , borrow that Name : and Gospeller is assumed by many , yet more usual in Hungary and Bohe●e , where are infinites of Sects , agreeing onely in Unity , against the Pope . As for this Book ; His Arguments are either sophistical or frivolous , abusing the fathers : and he extracts divers questions thereout , thirteen in Number , with his resolve on them . Wherein the King notes the others cunning to maintain them : and how he easily proves Quidlibet è quolibet , ( as the old Hereticks Arius and Samosatenus usually did ) and so leaves all to Gods will , and the States discretion , as they will answer it before God. And though Vorstius died not long after , his tenents increased to a high distemper in that State. But what the King desired to suppress in this Man , gave example for him to punish in others under his own power : and therefore in this year came to the Stake a Couple , the most damnable Hereticks ; Edward Whithman burned at Lichfield ; and Bartholo●ew Legat in Smithfield London , somewhat applying to the Ranters of these our times 1654. Legat held these opinions . That the Creeds Nicene and Athanasius , do not contain the true Christain faith . That Christ is begotten and made . That there are no Persons in the God-head . That Christ was not God from everlasting , but began to be God when he took flesh of the Virgin Mary . That the World was not made by Christ. That the Apostles teach Christ to be man onely . That there is no generation of God but of Creatures . That this Assertion , God to be made Man , is contrary to the rule of faith , and monstrous Blasphemy . That Christ was not before the fullness of Time , except by promise . That Christ was not God , otherwise then an Annointed God. That Christ was not in the form of God , equall with God , that is , in substance of God , but in righteousnes and giving salvation . That Christ is not to be prayed unto . Whitemans Opinions were in effect these , come of Ebionites , Cerinthians , Valentinians , Arians , Macedonians , Simon Magus , Manes , Manichee , Photinus , and Anabaptists , and of other Heretical , Execrable and unheard of opinions . That there is not the Trinity of Persons in the Unity of the Deity . That Christ is not the true Natural sonne of God , perfect God of the same substance , Eternity and Majesty with the Father in respect of his God-head . That Christ is onely Man and a meer creature , and not God and Man in one Person . That Christ took not humane flesh of the substance of the Virgin. That , that promise , the seed of the woman shall break the Serpents head , was not fulfilled in Christ , &c. And that God had ordained him , the said Whiteman , to perform his part in th● work of the salvation of the world . These and the rest were written , subscribed , and by him delivered to the King 9. Martii 1611. Thus in those times Hereticks took some pains to preferre themselves to the Divel . But now a days we sport our souls away ; Amongst many strange Ones , I wonder most at this meriment of the Adamites . Picardus was the first that possest silly people , with the perfect State of Adam , placed them in an Iland for that purpose which he called Paradise , caused them to walk n●ked , and called them Adamites . Horrible sins were committed by them under that pretence , promiscous whoredoms , and Incest at their Service ; and when their Saint-Minister pronounceth the word Crescite et Multiplicamini et replete terram , the ●ights are suddenly extinct , and without any respect to Alliance or kindred , they mingle like brute beasts ; and their wickedness we ●ied , the lights are tinded , and they returned to their service . But now with more Infamy their Innocencie will be li●hted ; they sp●re not openly to act in the face of Heaven at Noon-day . I know Our Adversaries the Romanists , lodge this device upon the ancient Waldenses , poor harmless souls havocked by the Armies of the Military , mercyless Papists ; Adamites , says One , that went naked ( an affront to Nature ) Indeed poor men rather Nudati than Nudi , forced thereto by the Popes Legate , who at taking of Cariassone in France ( whither these people swarmed ) granted them Life on condition that the Males and Females should pass by his Army stark naked . I may be censured by some , how unusefull it might be to imprint to the publick these damnable opinions : but in that I may be justified by Examples of the Fathers mentioning such Heresies , and of Councils and Declarations from time to time , against such Tenents . The next Favorite [ a new-come young Man ] was Robert Carr a Scotish-man of no Eminencie , But a Gentleman by his bearing Gules , on a Cheviron Arg ; 3. Mullets , Sable ; in the dexter point of the Escocheon , a Lion , passant gardant Or. And yet himself remembred the King in his Letters ( hereafter his fall ) of his Ancestors merit ( of which truly I have not read . ) This Man had been Page of honour to the King in Scotland , and so may be the first and last original Actor on the Theatre of his family . The beginner as an excellent workman in bringing his Tooles and making his Materials ; but his own Ruine by basely degenerating from what his Master had made him in short time , giving end to the structure . In truth he became the first Favorite , That is one whom the King fancied meerly for his fashion ; upon no other score : and it was enough for the present , his Master sufficiencies needed no other instructions , onely to choose him apt for impressive Marks of honour , better becomes the Sovereigns Creation , than to be made so to his hand . And therefore after Knighthood he was soon Baron of Brandspeeck , Viscount Rochester , and had the Garter to boot . And we are told [ the King took much pains to teach him Latine , as a most needfull Improvement unto a capability of his affections ] but this his opinion sents more of a Poet , than a Courtier . [ And so mounted by the wings of Love more than merit ( he says ) the Earl of Salisbury , Treasurer , casts many Mists to damp his passage ] and tells the old wives tale [ of 1000l . a gift to the Viscount , which was spread upon a Table in Silver , and the King invited thither , which Mass of money so amazed his Majesty , that the half thereof was concluded too much for any Man. ] Amongst these passages [ of fancie ] in the King , he forgot not that of fame , for his Mother , what she had been and where interred enough hath been said , but not sufficient for him to do untill he had removed her Corps from Peterborough , ( where she had been buried ) and brought her with all solemn magnificence into a statelier Tomb at Westminster , which could not well become his Predecessor to admit , though ( perhaps ) repenting the stain of her honour and sex in the Act of her execution , but left it ( a piaculous Act no doubt ) for her own son to perform , who yet in this has his bane from the Author , [ that for all his anger at her death , his clamour was closed up with a large Pension from Queen Elizabeth ] and Patrick Grey his Ambassadour to implore for his Mothers life is now belyed in his grave , [ as the greatest Instrument to hasten her death ] with a Label in his mouth of the writers own devising . Mortua non Mordet . The King mindefull of matching his only daughter the Princess Elizabeth , had made several overtures the year before , amongst the Protestant Princes of Germany . And for the better , fixed upon Frederick Prince Elector Palatine , who at this time came hither to consummate the Marriage . But in the middest of his wooing he was accompanied with mourning , by the death of Prince Henry . Of him somewhat more must be said , Not that his Excellent merits needs other Memory , than publick fame , and of us silence of the grave . Yet we must ravel into his disease ere we come to vindicate his death which an Author basely labors to lode his father with , & that [ by impoysoning . ] Prince Henry was born at Sterling Castle in Scotland , February 1594. the first son to King Iames & Queen Anne . His breeding apted his excellent inclination to all exercises of Honour , and Arts of knowledg which gave him fame , the most exquisite hopefull Prince in Christendo● . In the nineteenth year of his age appeared the first symptome of change , from a full round face , pleasant disposition , to be paler and sharp , more sad and retyred , often complaining of a giddy heavyness in his fore head , which was somewhat eased by usual bleeding at the Nose , and that suddenly stopping was his first distemper . He retyred to his Palace ●● Richmond pleasantly seated by the River Thames , ( thoughnow destroyed into rubbish ) which invited him to learn to swim in the Evening after a full supper , the first immediate pernicious cause of stopping that gentle flux of bloud , and so putrifying might ingender his fatal Feaver . He used violent exercises : for at this time he rode to meet the King at Bever in Lincolnshire in two days , near a hundred miles , in extremity of Summer . There and at other places all that progress he accustomed to feasting , Hunting , Balloon , and Tennis , with too much violence . And now returned to Richmond , in the fall of the leaf he complained afresh of the pain in his head inclining to feverish , and then , for the rareness thereof , called the new disease . The tenth of October he took his Chamber , and began Counsel with his Physician Doctor Hammond , three days after he fell into a Looseness , fifteen times in a day . Then removes to London to Saint Iames his Palace , contrary to all advice , allowing himself too much liberty in a great match at Tennis in his shirt , with the Palsgrave and Count Henry of Nassaw , lately come over upon fame to see him . And on Sunday the 25. of October fell into sudden sickness , fainting with heat and head-ach , that left him not whilst he had life , takes his bed in great drought and little rest . The next day increasing , high Pulse , ill Urine , Doctor Mayern prescribes him a Glister , after which he rose and very cheary , but lookt Pale , dead sunk eyes , and great drought , and therefore Mayern and Nasmith advised to let him bloud , but the other Physicians disagreeing , it was unhappily deferred . The fourth day of his sickness , comes Doctor Butler that famous Man of Cambridge , he approved of what had been done , consented to what should be given to him , and hopes of Recovery . This Evening two Hours after sun , set , appeared a Lunar Rainbow , directly over the House , which was held Ominous . The six and seven days increasing his Disease . The eighth , the Physicians bleed the Median of his right Arm eight ounces , thin and putrid : after which he found ease , and was visited by the King , Queen , Duke , Palsegrave , and Sister . The ninth worse than before , Doctor Atkins assisted their opinions , That his disease was a Corrupt putrid fever seated under the Liver in the first passage , the Malignity by reason of the putrefaction ( in the highest degree ) was venemous . The tenth , increasing Convulsions and Feavers , Mayern advised more bleeding , but the rest would not ; applying Picheons and Cupping-Glasses to mitigate the pain . The eleventh small hopes , His ●●aplains continuing daily devotions with him , the Arch-Bishop of Canterbury , and Doctor Melburn Dean of Roch●ster , with whom the Prince daily prayed . The twelfth no hope , The King with excessive grief removes to Kensington house : All imaginable helps , Cordialls , Diaphoretick , and quintessential spirits , and a water from Sir Walter Ralegh in the Tower , all these by consent , administred without And so he died at eight a clock that night Fryday the sixth of November 1612. The Corps laid out , the fairest dearest and well proportioned , without any spot or blemish . The next day , solemnly appointed for Imbowelling the Corps , in presence of some of the Council , all Physicians , Chirurgions , Apothecary , and the Palsgraves Physician . And here followes the very Coppy of their view under their Hands . The Skinn blackish , but no way spotted with blackness or pale marks , much less purpled like flee bites could shew any Contagion , or pestilentiall venome . His kidnies , Hips , and Thighs full of redness , his Belly ( because his continual lying upon his back ) swollen . The Stomack whole and handsome without any taint . The Liver marked with small spots above , and small lines below . The Gall-Bladder full of wind , The Spleen blackish fil'd with black blood , The Kidnies without blemmish . The Midrife under the Film or Membrance , containing the Heart spotted with black redish colour by reason of brusing . The Lungs blackish , with spots full of adust blood , corrupt and thick , they concluded an extream heat , the Throat and Tongue covered with blackness which was clest and dry . The hinder Veins ( Piamater ) swoln , aboundance of blood more than naturall . The substance of the brain fair and clear , the other parts by reason of the convulsions , resounding , benumings , and of fullness , choaking the Natural heat and destroying the Vitalls by their Malignity , have conveyed him to the Grave without any toaken or accident of poyson . In quorum fidem presentem relationem manu propria subsignavimus septimo die Novembris . Mayern , Atkins , Hamond , Palmer , Gifford , Butler , It is added , that his admirable patience in his sickness might deceive his Physicians , never dreaming danger . His Urine shew'd none , but the state of his grief lay closely rooted in his head . He dyed in the rage of a Malicious Extraordinary burning Feaver . And was Interred at Westminster 1612. His Motto's , Pax mentis , Honestae gloria . Iuvat Ire per altum . Hee was comely tall , five foot eight Inches high , strong and well made , broad shouldred , a small wast , amiable with Majesty , Aborn Hair , long faced , broad forehead , a peircing grave Eye , a gracious smile , but with a frown , daunting . Courteous and affable , naturally shamefast and modest , patient and slow to anger , mercifull and judicious , secret of any trust , even from his youth . His courage Princelike , fearless , noble , and undaunted ; Saying , that nothing should be impossible to him , which had been done by another ; Religious and Christian . He was never heard to swear an Oath ; and it was remembred at his funeral Sermon by the Arch-bishop , that he being commended by one for not replying with passion in play , or swearing to the truth , he should answer , that he knew no game or value to be wonne or lost could be worth an Oath . To say no more , such and so many were his virtues , that they covered the semblance of sin . But think what we will , one that sucks venome says [ he was anatomized to amuse the world , and to clear the impoyson as a Court trick to dawb it over . ] We are like to have much truth from such a prejudicate Pen-Man . The Prince Palatine and Maurice Prince of Orange ( by a Deputy ) were installed Knights of the Garter this Christmass . And in February following the Marriage with the Princess Elizabeth , was solemnized with all pomp and glory , together with the peoples hearty affections , expressed in their Ayd-mony ( Contribution he calls it ) for her Marriage , which is a due debt or ancient Custome , and no [ absolute thing ] whether or no that [ the obedience of the subject had been ripe ( or rotten ) thereto ] and it came to twenty thousand and five hundred pounds . And in Aprill after he returnes with his Bride through the Netherlands to his own principall City Heidelbergh in the Palatinate , from whence his finite miserable banishment took begining in Anno 1613. A Scotish Baron one Sanquair having wasted his own , pieced up his Patrimony by mariage with another , an heir in England ; and having worn out hers also , with the death of his Lady , He seekes to save the poor remain , by sparing it abroad , a Custome of Gallants taken up to salve their credit , which ( they say ) Parsimony disparages , unless from home in forein soil , and ere he went over , His fate was to try mastery , with Turner a Master of defence in his own Art , wherein Sanquair had much of knowledg , but more of opinion . Turner was the most of skill in that Profession , whom the Baron challenges at three hits , and inforced upon him the first of three , with over-much conceipt and clamour of his Scots companions to over-Master the best in England , and him in his own Schoole too in the face of some Schollars ; an affront to all . The man sensible of his credit more than conscience , in Malice to do mischief , opened his Body to the advantage of his Adversary , who too neer pressing it home , Turner takes it on his Brest , being sure thereby to pop Sanquire in the eye , so deadly , that he dasht it out . The Baron guessed at this evil hap by his own Intention , to have done worse himself . But by Turners regret of this mischance , they parted , patience perforce . At Paris the King pittyed his loss , a great defect to a handsome gallant , and asked him why the man dyed not that did it . This Item the Divell so drove into his fancie , that hastily brings him home again , where he hired two of his own kindred , Grey and Carliel to kill him , which they did basely , by a brace of Bullets in his own House White-Fryers , And all three got time to fly . The one taken in Scotland , the other on Ship-board , and the Barons head praysed at a thousand pounds ; he fearing thereby to be forced into Justice , thought it safer to throw himself into the hands of Mercy , by presenting it ; and so represented by the Bishop of Canterbury , he might appear an obiect of pitty . But the wound was universall , and the blood-shed not to be wiped off , but by his death ignoble as his Act , the Halter ; equall guilt had even punnishment , all the three Gallows . Some difficulty there was , how to proceed with the Baron , who first came in , for Carlile and Grey being Principals , and not as yet convict , the Law could not proceed to the Tryall of Sanquair being but Accessary . But then the other two flying , they were out-lawed , and so attainted of felony , and then the Accessary was tryed : for there are but three kinds of Attainder , by Outlary , Verdict or Confession . See after in the case of Weston for impoysoning of Overbury , who stood Mute sometime ; that while , the Accessaries could not be convict Anno 1615. The next Moneth brings to the Grave that excellent States-Man Treasurer Cecil Earl of Salisbury . He was descended from the Sits●lts in Hartfordshire ( Vorstegan sa●es , from Cecilii the Romanes ) they suffered some persecutions in the time of Henry the eight and Queen Mary . His father William came into favour by Edward the sixth , who gave him Knighthood , and took him to his Counsell and in the Office of Secretary of State , but in some obscurity afterwards under his Sister Mary , was restored again by Queen Elizabeth in the same trust , so soon as she was setled in her Crown , and by degrees increases him to honour ; First Baron of Burleigh , Then Lord Treasurer and Knight of the Garter , he died Chancelor of the University of Cambridge Anno 1598. and was intombed at Stanford ; Leaving two sonnes . The Elder Thomas then Lord President of the North , and by King Iames created Earl of Excester , and privy Counsellor of State. He died some years after , discreet and honourable , whom the world could never tax with any taint . This other sonne Robert was a true inheritor of his fathers wisdome , and by him trained up to the future perfections of a judicious States-man . After his Knighthood by Queen Elizabeth , the first imployment from Court ( for he was not at all bred out of it ) sent him Assistant with the Earl of Derby , Ambassadour to the French King. At his return she took him second Secretary with Sir Francis Walsingham , after whose disease he continued principal , and so kept it to his death , Not rel●nquishing any preferment , for the addition of a greater ; A remarkable note , which few men of the Gown could boast off . His father liv'd to see him thus far setled in these preferments , and afterwards Master of the Wards and Liveries . These he held to the Queens death , being in all her time used amongst the men of weight , as having great sufficiencies from his father who begat them also . Those offices here in publick , with perpetual Correspondence by Emissaries of his own , made him capable of reception with King Iames , who was advised by him , how to be received of his people : His merits certainly appeared to his Master , that added to his former preferments , even to the day of his death , as first Baron Essenden , Viscount Cranburn and after Earl of Salisbury , Knight of the Garter , and Lord Treasurer of England . It behooved the King to bestow on him the weight of that staff , the Coffer then in some want , which was not likely soon to recover , but to increase debt , by the charge of a treble Court of King , Queen and Children , and therefore many ways were devised to advance the Revenue , particularly in that of honor for Knights , Baronets , which was not this Earls onely design [ as some will have it ] Nor of Somerset hereafter [ as another saies ; ] But it was began a little before this Lords death , as will follow hereafter . I know what some have surmized , to prejudice his Memory if it were possible , who with little pains may be sufficiently vindicated , and his Merits amply related ; being of somewhat concernment to me , to speak my own knowledg , again , to enlighten the dark shadows that always wait on shining merit . But all his care and pains not able to fill the Coffers , so much exhausted , and the Estate in a Retrograde consumption , He did before his death ( not usual with Courtiers ) present his Patent of Master of Wards at the Kings feet , and so the whole benefit became the profit of the Crown . By former constitutions of this Realm , all the Lands of this Nation , held by two Tenures by soccage or by Knights service by the Plough to free us , or by the sword to defend us , and who so died , leaving an Heir within age , unable to do this Service , his Heir and Lands fell both to the protection of the Sovereign . And this in antient time was promiscuously carried in the Court of Chancery , untill the middle of Henry 8. when this Court of Wards was first erected . Since which time the Masters thereof , by favour of the Sovereign , did accustome ( as a bounty of State ) to grant unto Noblemen , the Kings Servants , and their own followers , both the marriage of the body , and the Lease of the Lands , for a third penny , of their true value ; which also in several relations , by frequent Orders and Declarations of that Court in print , have been altered and changed , till now of late the whole Court and quality thereof is absolutely dissolved as a grievance too burthensome , for a free State and people , anno 1648. He indured some time of sickness and died in his return from the Bath , at Saint Margarets , at Master Daniels house in May , 1612. and was entombed at his Mannour of Hatfield a princely seat in Hertfordshire . His death opened the doors for the King to dispose his Place of profit , the Treasurership upon the E. of Suffolk , whose office of Lord Chamberlain fell to the Favourite Viscount Rochester ; the Wards to Sir Walter Cope , who lived not long to enjoy it , being of weak constitution , carefull and painfull in his duty , of great experience in the affairs of Court and State , bred up first under Burlegh , and at his death delivered up to his son Sir Robert Ce●il , with whom he continued the most exact Confident and counsellour to the end of his days . And the Favorite also was made Se●retary of State , belike for some suddain improvement of his Latine Tongue , which his Master is said to teach him . His Confident was one Thomas Overbury , a man of good parts , a Student of Lincolns Inn , lately returned from Travell ; besides , it was Carr's first principle ( and no mean one ) to please the English , by entertaining them his Domesticks ; for having not many Kindred or Friends to lean upon , he might be forced to stand upon his own strength , and the kindness of strangers . This Overbury , had most strickt friendships with Carr , lately created Viscount Rochester ) and therefore soon knighted ; and if we may credit his own vaunt , ( being indeed insolent ) he would brag , that the Viscounts advance in business of Court , and Secrecies of State , proceeded from him , which he managed , and made common . And the knowledg of this coming to the King , he tenderly blamed his Favourite , for such freedom in his Masters affairs . This advice made him less communicable in those Mysteries , which Overbury took ill , and with scornfull resentment told Rochester , that indeed he deserved to be better imployed than to attend as his Tutor . And therfore he desired to have the Honour and Preferment of an Ambassy Leiger then intended abroad , as best fitting his good parts , ( and greater pride , of which he had sufficient ) to present the Kings person ; conceiting perhaps , that the power which he usurped , in the Visco●nts affection , would work some regret upon him ; which Overbury knew how to master for a better advantage . But when Rochester had wisely considered , that there would be no great loss of so loose a Friend ▪ and that Overbury , though an Osier of his own planting , would not be wrought in any purpose , but to his own self-pride , hastily put the Design forward , drew up his Instructions , ( with some Additionals of Overburies , ( for I copied them ) and this being in earnest , then Overbury would not go , for which high Contempt the King and Council sent him to the Tower. 'T is true , some Moneths before , Rochester made Court to the Countess of Essex , ( who did not , that loved a Lady ▪ ) which Overbury misliked , upon no score of Religion or Virtue , but to ballance with his ambition and vanity , and to obtrude any Copartnership in his friends affection , especially of the House of Howards , whom mortally he hated upon private malice ; for to some mens knowledg , he would scornfully report ( not long before ) that she was won by Letters of his inditing ( which I have read ) and by that means , endeavoured to bring them to Bawdery , the beginning of all their future ruines , as you shall hear the next year . The Kings expence brings him to account with his Exchequer , where his Exits increasing the In-comes , he intends better husbandry to piece out his Expences ; and having taken into his Houshold Sir Arthur Ingram a Merchant bred , who by his wit and wealth , came to be his Cofferer , the vast expence of the state keeping the Treasury dry , his abilities discover the cunning craft of the Merchant ; for the Customers had cozened the King , engrossing by that means , the wealth of Trading , which was therefore raised to an higher Farm. The same use was made at Court , which he taught the Green-cloath by Retrench , and he is called by Sir A. W. therefore [ an evil Bird that defiles his Nest ] ( what is he then who defiled the Court , that gave him breeding , defam'd the King that gave him bread ? ) The King put this course in practice at Court , ( somewhat differing I confess ) in the Line of Ascent to the Houshold preferment , which rises by order & succession ) and this man a stranger in Court stept in , to discover the concealments of the Green-cloath also ; and when this Tide had its Ebb , it returned again to his wonted channel ; and 't is true , the King shifted the fault upon his Favourite , an ordinary fate , which often accompanies them to bear the burden of their masters mistakes , which yet was but an experiment , proper enough for the L. Chamberlain Rochester to put in practice , whose creature he was . But we may not forget our good Lord of Essex , our digression most necessary to his story , which was thus : There was , amongst other persons of Honour and quality in Court , a young Lady of great birth and beauty , Frances the Daughter of Thomas Howard Earl of Suffolk , married in under-age unto the Earl of Essex , now become a forward stripling , she two and twenty , and he three and twenty years ; of him common fame had an opinion ( grounded upon his own suspition ) of his insufficiency , to content a Wife . And the effects of this Narration ( with the sequel of his life and conversation , with his second Wife ) is so notorious , as might spare me and the Reader our several labours , for any other convincing arguments . But with the first , when both were of years , to expect the blessing of the Marriage-bed , he was always observed , to avoid the company of Ladies , and so much to neglect his own , that to wish a Maid into a mischief , was , to commend her to grumbling . Essex , as they stiled him , and increased the jealousie of such men , whose interests were to observe him , that he preferred the occasion himself for a Separation ; and which indeed from publick fame , begat private disputation amongst Civilians of the legality thereof , wherein those Lawyers are boundless . This Case followed the heels of a former Divorce , fresh in memory , between the Lord Rich and his fair Lady , by mutual consent ; but because Mountjoy Earl of Devonshire married her , whilest her Lord lived , the King was so much displeased , as it broke the Earl's heart ; for his Majesty told him , that he had purchased a fair Wife with a foul Soul. But this of Essex was a different Example , when you seek to parallel them together . And therefore we may with more charity to truth , not admit such hasty credit , as to believe , [ that now the Kings delight was onely for the love of the Viscount ( who is supposed to be in love with the Countess of Essex , and upon no other score ) to command the Bishops to sue out a Divorce from her Husband ] which in truth was done with ample Reasons and legal Geremontes . And because the Nullity gave freedom to either , and so the means of her after-marriage , with Rochester , the sad occasions of all the sequel mishaps ; I have with some diligence laboured out the truth precisely and punctually , as it was acted and proceeded by Commission Delegative , not easily now , otherwise to be brought to light , which the Historian passes over briefly , as unwilling to spend time , to set down truths , when it makes not for his turn ; for this Author had been Essex his Man , and turn'd away by his Lady . Upon Petition of the Earl of Suffolk and his Daughter Frances , to the King. That whereas his Daughter Frances Countess of Essex had been married many years unto Robert Earl of Essex , in hope of comfortable effects to them both ; that contrariwise , by reason of certain latent and secret imperfections and impediments of the said Earl , disabling him in the rights of Marriage , and most unwillingly discovered to him by his Daughter , which longer by him to conceal , without remedy of Law and the practice of all Christian policy in like cases , might prove very prejudicial . And therefore prays . To commit the cause of Nullity of Matrimony , which she is forced to prosecute against the said Earl , to some grave and worthy persons , by Commission under the great Seal of England , as is us●ally , &c. Which accordingly was granted unto four Bishops , two Privy Counsell ours learned in the Law , and unto four other Civil Lawyers , with clause to proceed , cum omni qua poterint celeritate & expeditione summarie ac de plano sine strepitu , ac figur a judicii , sola rei & facti veritate inspecta & mera aequitate attenta . And with this clause also , Quorum vos praefati Rev. Patrem Cant. Archiepiscopum , Reverend . Patrem Lond. Episcopum , & Iul. Caesar. Mil. aut duos vestrum , in ferenda sententia in●eresse volumus . But for some Exceptions concerning the Quorum , by the Commissioners in the words , Sententia esse not interesse ; A second Commission was granted , and adjoyned two Bishops more , with this Quorum . Quorum ex vobis praefat . Reverend . Patrem George Cant. Archiepisc. Ioh. Lond. Episc. Tho. Wint. Episc. Lancelot Eliens . Episc. Richard. Covent & Lich. Episc. Ioh. Ross. Episcop . Iul. Caesar. Mil. Tho. Parry Mil. in ferenda Sententia , nos esse volumus . Upon this the Countess procures Process against the Earl , to answer her in a Cause of Nullity of Matrimony . The Earl appears before the Commissioners , by his Proctor , and she gives in her Libell , viz. That the Earl and the Lady six years since in January , Anno Domini 1606. were married , her age then thirteen , and he fourteen ; and now she is two and twenty , and he three and twenty years old . That for three years since the Marriage , and he then eighteen years old , they both did co-habit as married folk in one bed , naked , and alone , endeavouring to have carnal knowledg each of others body . Notwithstanding the Earl neither did , nor could ever know her carnally , he being before and since possessed with perpetual incurable impediment and impotency , at least in respect of her . That the Lady was and is apt and fit , without any defect , and is yet a Virgin , and carnally unknown by any man. That the Earl hath confessed oftentimes to persons of great credit , and his nearest Friends , that he was never able carnally to know her , though he had often attempted and ●sed his utmost endeavours . And therefore prayeth the Commissioners upon due proof hereof , to proneunce for the invalidity and nullity of the Marriage . The Earl by his Proctor denies the said Contents , Contestatio lit is negative . His Answer is required by Oath , by second Process , where in open Court his Oath was administred with so great care and effectual words , to minde him of all circumstance , as the like hath been seldom observed . The Earl viva voce confesseth the Marriage , and circumstance , ( as in the Libell ) and were not absent above three Moneths , the one from the other , in any of the said three years . That for one whole year of the three , he did attempt divers times carnally to know her ; but the other two years he lay in bed with her nightly , but found no motion to copulation with her . That in the first year she shewed willingness and readiness therito . That he did never carnally know , but did not finde any impediment in her self , but was not able to penetrate or enjoy her . And believeth , that before and after the Marriage , he found in himself ability to other women , and hath sometime felt motion that way . But being asked , whether he found in himself a perpetual and incurable impediment towards her ? He answered , that in two or three years last he hath had no motion to her , and believes he never shall , nor that she is apt as other women : and that she is Virgo integra & incorrupta . And confesseth , that he hath often before persons of credit confessed thus much . Notwithstanding this his Oath , she produced sundry Witnesses of the Marriage , time , age , co-habitation at bed and board , as before in the Libell , &c. So then , that period of time limited by the Civil and Canon Law , proved his co-habitation and co-dormition for consummation . The next was , that notwithstanding she remained Virgo integra incorrupta ; but because the Earl believed not , the Lady to be fit and apt for copulation ; therefore the Council desired , Matronas aliquas probas & honestas side dignas , & in ea parte peritas dominas assignari ad inspiciendum corpus dictae dominae . Whereupon it was decreed , that six Midwives of the best note , and ten other noble Matrons , fearing God , and mothers of children , out of which themselves would chuse two Midwives and three Matrons , and out of which the Delegates did select five , ut sequitur . Tunc Domini , viz. Arch. Ca● . Lond. Eliens . Covent . & Lich. Caesar , Parry , Dunn , Benet , Edwards , habita inter eos privata deliberatione ex numero matronarum praedict . elegerunt , The Lady Martha Terwhite , wife of Sir Philip Terwhite Baronet . Lady Alice Carew , wife of Sir Matthew Carew . Lady Dalison , wife of Sir Roger. Et in supplement casu earum impedire . The Lady Anne Waller , Widow . Et ex obstetricum numero , &c. Margaretam Mercer , & Christianam Chest. Et assignarunt procuratorem dictae dominae Francessi ad sistendum cujusmodi inspectatrices , coram Reverend . Patre Episcop . Lond. Caesar , Dun , &c. Inter caeteros nominat . isto die , inter horas quintam & sextam post meridiem juramentum in hac parte subdituras , atque inspectione facta fidiliter relaturas , earum judicium , juxta earum scientiam & experientiam , &c. Coram dictis dominis delegatis , sic ut praefertur assignatis , quam cito fieri possit , ante horam quartam post meridiem diei Iovis prox . alioquin ad comparend . hoc in loco coram Commissariis dicto die Iovis inter hor as quartam & sextam post meridiem ejusdem diei , earum judicium in hac parte tunc relaturas , & interessendum diebus , hora & loco respective praedict . ad videndum inspectatrices praedictas , juramento in hac parte onerari ; nec non quibuscunque aliis diebus hora & loco per dictos dominos Commissarios nominat . dictis inspectatricibus adreferend . earum Iudicium assignatum . Accordingly between the hours of that day , were presented before the Delegates , the said Ladies , sworn , ad inquirend . & inspect . 1. Whether the Lady Frances were a woman apt and fit for carnal copulation , without any defect that might disable her to that purpose ? 2. Whether she were a Virgin unknown carnally by any man ? Whereupon they went from the presence of the Commissioners into the next Room , where the Countess was , accompanied with the Council of both sides , into which Room was no entrance but at one door , whereat the Council presently came forth , and onely the Countess left with the Ladies , who after some convenient time returned their report under their hands . The Commissioners having first sequestred from their presence the Council on both sides , ( who had been present in all these passages ) and all other persons except the Register , that so the Ladies and Midwives might more freely deliver their secret Reasons , &c. though it was not fit to insert them into the Record . And this is in sum their Relation . 1. That they believe the Lady fitted with abilities to have carnal copulation , and apt to have children . 2. That she is a Virgin incorrupted . And to corroborate all this , the Countess in open Court produced seven women of her consanguinity . That in as much as the truth of all was best known to her self , she might by virtue of her Oath discover the same , and her Oath should be no farther regarded than as it was confirmed by the Oaths of those her Kinswomen . The Law presuming , that such kindred should be best acquainted with the inward secrets of their Kinswoman . In order , the Countess had an Oath administred to her , with all , with all the like grave admonition as before to the Earl. And so she affirmed : That since the Earl was eighteen years old , for three years he and she had lain in bed , &c. as in her Libell . And then the seven noble women , viz. Katherine Countess of Suffolk , Frances Countess of Kildare , Elizabeth Lady Walden , Elizabeth Lady Knevet , Lady Katherine Thin , Mistris Katherine Fines , Mistris Dorothy Neal her Kinswomen , being charged to speak without partiality , they did all depose , that they believed the same was true . 1. And in particular , that post plenam pulvertatem utriusque , they both endeavoured copulation . 2. That notwithstanding , ability on her part , per inspectatrices , she remained a Virgin incorrupted . 3. That the Earl had judicially sworn , that he never had , nor could , nor should ever know her carnally . The Law being this , that impotentia coeundi in viro howsoever , whether by natural defect , or accidental means , whether absolute towards all , or respective to his wife alone ; if it precede Matrimony and be perpetual , as by Law is presumed , when by three years continuance , after the mans age of eighteen years , there having been nil ad copulam , the Marriage not consummated , and the Law allowing the said proofs , &c. was abundantly sufficient , to convince the said Earl of impotency . Because Canonum statuta custodiri debent ab omnibus , & nemo in actionibus , vel Iudiciis Ecclesiasticis , suo sensu , sed corum authoritate duci debet . The Judges Delegates therefore gave this Sentence . Idcirco nos , &c. in dicta causa Iudices Delegati & Commissarii Christi nomine ( primitus ) invocato , & ipsum solum Deum , oculis nostris praeponentes & habentes , deque & cum consilio Iurisperitor . cum quibus in hac parte communicavimus ; matureque deliberavimus , praefat . dominum comitem Essex , dictam dominam Franciscam , ob aliquod latens , & incurabile impedimentum perpetuum , praedictum contractum , & solemnizationem praecedens , citra solemnizationem & contractum praedictum nunquam carnaliter cognovisse , aut carnaliter candem cognoscere potuisse , aut posse , & eundem dominum comitem , quoad carnalem copulam cum eadem domina Francisca , exercend . omnino inhabilem & impotentem fuisse & esse : Pronunciamus decernimus & declaramus praefatum praetensum Matrimonium , sic inter praedictum vir●m Robertum Devereux comitem Essex & praedict●m praenobilem foeminam Franciscam Howard , de facto contractum & solemnizatum , omniaque ex inde sequentia , ratione promissorum , omnino invalidum , ac nullum nulla fuisse , & esse , viribusque juris caruisse & carere debere , atque nullo & nullis , & invalido & invalidis , ad omnem juris effectum ; etia●que pronunciamus decernimus & declaramus , dictum matrimonium praetensum , omniaque exinde sequentia cassamus annullamus & irritamus ; memor atamque dominam Franciscam Howard , ab aliquo vinculo hujusmodi praetensi Matrimonii inter eam & dictum dominum Robertum comitem ( ut praefatur ) de facto contracto & solemnizato liberam & solutam fuisse & esse , & sic tam liberam & solutam insuper pronunciamus , decernimus & declaramus ; eandemque dominam Franciscam ab eodem domino comite Essex , quoad vinculum matrimonii praetensi praedicti , omniaque exinde sequentia liberandam & divortiandam fore debere pronunciamus & sic liberamus & divortiamus , eosdem quo ad transitum ad alias nuptias conscientiis suis in domino relinquere , per hanc nostram sententiam definitam ; sive hoc nostrum finale decretum , quam sive , quod fecimus & promulgamus in his scriptis . And the Records extant , do mention the proceedings ( you see ) modest , legal , parallel with any former of like kinde , wherein the Civil Laws are boundless ; and this strict form and manner had no room for corruption . And the Commissioners that agreed to the Sentence were four Bishops , Winchester , Lichfield and Coventrey , Rochester , and Ely. The Civilians were three Knights , Caesar , Parry , and Dunn . And though thus sufficient , yet are they noted [ for private men for the purpose , and that Kings will never want such ministers in corrupted times both in Church and State. ] The common people were offended with the Canons , and wisht , that Essex might have as many Women to aspect him for his sufficiency ; That he might have justified himself upon others , or have had Physicians ( by art ) to certifie his natural impediment , or whether impedimentum maleficii ( being accidental ) praesumatur praecessisse , vel potius subsecutum fuisse matrimonium contractum & solemnizatum ? Whether they ought post praeceptum Iudicis , to co-habit together , saltem per aliquod temporis spatium arbitrio Iudicis moderandum , for further trial . Indeed the Arch-Bishop Abbot took upon him the quarrel , who ( in truth ) in the Civil Law was least able ) his Doubts and Queries were dispersed , and got some credit with the Clergy , whilest the Civilians ( with much civility , if not fear ) of his authority amongst them ) forbore to give him answer , till the King himself took the pains to pull him down . The Bishops Arguments were six . 1. That all controversies concerning the Church are comprehended in the Scripture , and Marriage is there accounted sacred . 2. What Text doth warrant a Nullity after Marriage , Propter maleficium versus hanc ? The Scripture , indeed , makes Nullity , Propter frigiditatem , Matth. 19. 12. Some born chaste , some made Eunuchs , some made so by grace . 3 , 4. What Councils or Fathers , or stories either Greek or Latine , have ever mentioned Malesicium versus hanc , untill Hircanus , Rhemensis Episcopus , four hundred years after Christ ? 5 , 6. Essex is found defective , for whom we are bound to use two Remedies , Eternal and Temporal . For the first , Non ejicietur , nisi per orationem & jejunium . For the second , Corporeal Medicines . But the Earl hath had none of these . The Answer . To the first , It is a preposterous Puritan Argument without some better distinction or explanation : for , the Orthodox , consider all controversies in points of Faith and Salvation . Nullity of Marriage cannot be one , and therefore the consequence fails . 2. If the Scriptures want a Nullity , Propter frigiditatem , then all the means which may make him frigidus versus hanc , must be comprehended ; for , why doth our Church condemn Marriage of a man with his sisters daughter ? or of two sisters , but ut paritate rationis ? for none of them are in terminis prohibited in Scripture , and so all the other unlawfull matches , for ascending or descending in points of Consanguinity , quia par est ratio . The like is in this case ; for although Christ spake onely to three sorts of Eunuchs , yet , Ratio est quia non potest esse copulatio inter Eunuchum & mulierem ; and therefore Saint Paul tells us , It is not Conjugium sine copulatione . I conclude therefore a paritate rationis , that Christ did comprehend under these three sorts , all inability , which doth perpetually tually hinder , copulationem versus hanc ; whether natural or accidental . For what difference is there , between the cutting off the hand , and being made impotent thereof ? Amputatio & Mutilatio membri , being the same in Civil Law. It being sufficient unto moderate Christians to believe out of Gods word . That mariage is null , sine copulatione ; and those words , quos Deus conjunxit , are never found in Scripture , where et erunt eis , doth not proceed , viz. And they two shall be made one flesh . But however the impediment be , whether universal or versus hanc , or born so , or by violence , or by disease , or ineptitude , that is ever par ratio , he is Eunuch versus hanc & omnes alias . Seeing to him only she was married . To the third and fourth ; There may be something to this purpose , or aliquid analogum , with a paritate rationis . Besides ; it is an ill argument to say , that therefore it is not lawfull , because Fathers nor Council , do not mention it . 5. The same answer to the fifth ; for till the four hundred years after Christ ( perhaps ) that devillish trick was not discovered , and we know , ex malis moribus bonae leges . And this , in dispute , is only a question of Order and Policy ; For the essential point of Matrimony , cannot be accomplished sine copula . 6. The Devils have power over the flesh , and to exempt us from the power of Witch-craft , was never maintained by any learned man ; and why not of Protestants , as well as of Papists ? Remedies perhaps , have been used by themselves , but Non interest Repub. nec Eccles. And so to satisfie his conscience , this pains was taken with the Arch-bishop , ut cum conversus fuerit , confirmet fratres suos . In fine ; both Parties freed to their second choice , the Countess the fifth of December marries the Viscount , lately made Baron of Brandspick and Earl of Somerset , the tenth Earl ; the first being made by Maud the Empress : And Overbury in the Tower hears of this jollity , and himself in durance , threatens Somerset ( No , saies our Adversary ) writes to him , humbly imploring . Another ( such like ) pens the Letter thus . Right Noble and worthy Sir , YOur former accustomed favours , and also late promise concerning my present deliverance , hath caused me at this time , by these lines to solicite your Lordship , and to put you in remembrance of the same , not doubting that your honour is at all forgetful of me , but onely ( by reason of my imprisonment ) being possest of divers dis●●ses● would for my bodies health and safety , tast of the felicity of the 〈◊〉 air ; In which cause , if your Lordship please to commiserate my present necessities and procure me my speedy deliverance , I shall not only stand much the more obliged to you , but also acknowlege you the preserver of my life . Such stuff as this makes up the matter as they would make us believe , but in truth ; he threatened Somerset with some discovery , which was construed to be secrets of Love , or State , or both . Not without monstrous defaming her honour , by Message and writing , [ filthy base woman , they were best look to stand fast ] which begat fury in her and subtilty in Somerset , least Overburies Malice , should break forth , to both their sufferings , and so trouble their whole fortunes . To prevent mischief to the One , and continual defame to the other , combining with the rest . It was resolved by her to destroy him ; which she first intended by assassination , and dealt with one Sir David Wood ( an ill-looked red-bearded Scot ) whom Overbury had prevented of a suit , valued 2000l . But his cowardice , not conscience , fearing to ingage , she and they plotted the impoisoining of him in prison , as the story intends to discover in particular . This Spring seizes Northampton for death . He was brother unto the late Duke of Norfolk , who suffered for his Attempts of Marriage with the Queen of Scots ( as before remembred ) then a Prisoner here in England , which might be some motive for the King to consider the advance of this Man and that Family , which he did , by preferring the Dukes second Son to be Earl of Suffolk 1603. and by restoring the Dukes Gra●dchild Thomas Earl of Arundel 1604. as aforesaid , and by particular preferments of this Henry , who was more wedded to his book than to the Bed , for he dyed a Bachelour . He was accompted wise and learned , a cunning States-man , and for all these abilities , out of the Kings great affection to Letters , especially being concentured in a Noble person , at his first accession hether , he the rather advanced him in succeeding Creations , as Baron of Marnhill , Earl of Northampton , then Privy Councellour , Lord Warden of the Cinque Ports , Lord Privy Seal , and Knight of the Garter , and elected Chancelour of the University of Cambridge . He had plentiful for his single Life , and to spare for his friends . In his expence , not over frugal , maintaining his Port the most remarkable ( like the antient Nobility ) in his family and dependents of any Lord then or since his time . He assisted his Nephew the Earl of Suffolk , by his designning , and large contribution to that excellent Fabrick Awdleend . He built that Noble Structure at Charing-Cross , Northamp . House , & presented it a New years gift to his Cosin German the ● Walden , Suffolks eldest Son. And yet left his other Cosin the E. of Arundel , the rest of his estate , so to appear to the World his equal distribution to such even kindred . He was pious , and gave good testimony thereof in his life , built that handsome Covent at Greenwich , and indued it with Revenue for ever , for maintenance of decayed Gentlemen Bachelours , a competent number ; and for Widdows also considerable . He died in April , Anno 1614. full of years and honour , and suspected more Catholick than some will think reasonable , though in the form of a Church Papist ( as some lately do publish ) and to be a Setter in the monstrous Murther of Sir Thomas Overbury , though the Lieutenant of the Tower Yelvis in his Examinations and Confessions cleered him , which suspition is since grounded upon the interpretation of his Familiar Epistles to the Earl of Somerset , and indeed but bruited since his death . And where no proofs precede , we may be sparing to not him so Noble a Person , with that , or any other Infamy . About these times , the humours of young Gallants , not brooking the peaceable conditions of our Kingdomes , and neighbour Nations , took upon themselves to quarrel with each other , and to fight it out in Duels upon slight occasions , and very frequent ; which induced his Majesty to publish a severe Edict against private Combates and Combatants , their Seconds , Accomplices , and Adherents , for prevention of those heavy events whereto worthy familics become obnoxious , by the odious and enormous impieties inevitably subsequent thereupon ; Intending by that time , that the most proper Remedies have qualified the distemper of il-disposed minds , and that audacious spirits have smarted for incompetent desires ; the false colours and pretences of erring Custome , have both been counterpleaded and corrected by reforming severity . By that time , I say , that Passion hath been put into the right course of submitting to discretion and caution , hath wrought it self at leasure , into as constant a form and habit of conforming to obedience , as self-will took in former times to plant false principles ; the greater part will easily discern , That there is greater reason to reprove those that offer Challenges of madness , than to tax those of Cowardice that abstain out of duty . And therefore those that should conceive themselves to be behind in the least respect of point of honour should repair to the Marshalls Court , who were instructed and prepared as well for the cleansing of all green wounds , as the healing of old Ulcers that shall appear to them . Hereupon occassion was soon given and taken in a Duel of Priest and Wright , for writing and carrying the challenge , and an information against them in Star Chamber , by a charge of Sir Francis Bacon , Atturney General , and though the persons were but mean , yet they served for example to the great ; the Dog to be beaten before the Lion , the one a Barber Surgeon , the other a Butcher . This eloquent Oratour divided his charge into four branches . 1. The nature and greatness of the Mischief . 2. The Causes and Remedies . 3. The Iustice of the Law of England , which ( saies he ) some think defective herein . 4. The capacity of this Court , where the Remedy is best to be found . 1. For the first , when Revenge is extorted out of the Magistrates hands into private men , presuming to give Laws to themselves ; It may grow from quarrels to banding , so to trooping , then to tumult and commotion , from private persons to families and alliances , and so to national quarrel ; and subject the State to inflamations and convulsions , and herein Offences of presumption are the greatest , and this to be done by the aurorae filii sons of the morning , young men full of hope and towardness . 2. The Causes no doubt , a false imagination of honour and credit ; bewitching Duels , Species falsa , against Religion , Law and virtue . That men now adaies had lost the true Notion of fortitude and valor ; the one , Fortitude , distinguishing the grounds of quarrels , whether they be just and worthy a mans life , being to be sacrificed to honourable services , good causes and Noble Adventures , Expence of blood is as the expence of money , not to be profuse in either , upon vain occasion . For the Remedies . Four things may be effectual for repressing the depraved custome of Combates . First , The State to abolish it : for then every particular person thinks himself thereby acquitted his reputation ; when he sees it an insult against Sovereign power . Like unto the Edict of Charls the ninth of France against Duels , That the King himself took upon him the honour of all , that were grieved or interessed for not having performed the combate , when he shall see the rule of State dis-interest him of a vain and unnecessary hazard . Secondly , This evil must not be cockered . The compounding of quarrels is grown so punctual by private Noblemen and Gentlemen , who is before hand , and wholly behind hand . It countenances Duels , as if therein somewhat of right . The most prudent , and best Remedy may be learned out of the Kings Proclamation . The false conceated humour must be punished in the same kind , In eo quis rectissime plectitur in quo pe●cat , such men to be banished the Kings presence and excluded the Court for certain years , to be cast into that darkness , not to behold his Sovereigns face . Lastly , We see the Root of this offence is stubborn , for it despiseth death the utmost of punishments , and therefore these men to be executed by Law without all remission . The severity of France had been more , where by a kind of Marshal Law established by the King , the party surviving was instantly hanged , their wounds though bleeding , least a natural death should prevent the example of Justice . Or , if not so to do , but with greater lenity , yet of no less efficacy , which is to punish by fines in Star Chamber the middle acts and proceedings , which tend to the Duel . 3. Now for the Law of England . It is excepted against in two points . Not to difference between an infidious and foul murther , and killing upon fair terms , as they term it . The other , Not providing sufficient punishment for contumely of words , as thely , and the like . These novelties are thus answered . The Law of God makes no difference , but between Homicide voluntary and involuntary , which we term Misadventure , and for which there were Cities of Refuge . Our Law hath a more subtil distinction . The Will inflamed , and the Will advised ; Man-slaughter in heat , and Murther upon Malice or cold blood . The Romans had restrained this privilege of passion , but onely where the Husband took the Adulterer in the manner . Yet Cain inticed his Brother into the Field and slew him treacherously ; but Lamech vaunted of his Murther , To kill a young man , and if it were but in his hurt . So as the difference is between Insidious and Presumpt●o●s Murther , these of Cain and Lamech . Greece and Rome had not this practice of Duells . It is said , fas est & ab hoste doceri . There was a Duel between two eminent persons of the Turks , and one slain ; the Council of Bashaes reprehended the Other , How durst you undertake to fight one with the other ? are there not Christians enow to kill ? Did you not know , that whether of you were slain , the loss would be the great Seigniours ? T is true , we find Combates before an Army amongst the Romans , which they called Pugna per provocationem ; between Generals themselves , or by their license to others . So David asked leave when he fought with Goliah ; And Ioab when the Armies met , gave leave , Let the young Men play before us . And of this kind was that famous example in the Warres of Naples , between the Spaniards and Italians , where Italians prevailed . The second combate is a Iudicial Tryal of Right introduced by the Gothes , and the Northern Nations , and more antient in Spain . But yet a wise Writer saies , Taliter pugnantes videntur tentare Deum , quia hoc volunt ut Deus ostendat & faciat Miraculum , ut justam causam habens Victor efficiatur , quod saepe ●ontra accidit . Nay the French folly in this kind , had it in Toleration , never authorized by Law ; but of late punished with severe rigour . As for the supposed defect in our Law for Lies and fillips , words of denyal and flea bites , to murther a man ; Solon's Answer satisfies , That he had not ordained Punishments for it , not imaging the world so phantastical to take it so highly . The Civillians say , that an action of injury does not ly for it . Indeed Francis the first of France , gave the ly to the Emperour , and in a Solemn Assembly said , That he was no honest man that would bear the ly . The Laws of England had onely these degrees of injury , Slander , Battery , Maime , and Death . But as for a fillip , Consalvo said , A Gentlemans honour should be De tela crassiore , of a strong warp . Now for the power of this Court to censure ; Presidents have been in the Minor : Whartons case P lt . where Acklam , Defendant , servant to Elleckars , was fined for carrying his Masters challenge but by Word of Mouth . And it was concluded to prosecute in these cases against such , As shall appoint the field though the sight be not acted , Send challenge in writing or message . Shall deliver either of them . To accept or return them . To be a second . To depart beyond Seas to combat . To revive a quarrel by s●andalous bruits or Pasquils . Counsellers of Quarrellers . And that a Man may in those cases be as well fur de se , as felo de se , if he steal out of the Realm to fight , he doth , Machinari contro Corona● But let us remember Scotland . We have forewarned the Earl of Orkneys mis-behaviour in Scotland , which of late so increased as he was again sent for and committed . Having rioted most of his Estate , the remainder was mortgaged to Sir Iohn Arnots , of whom the King purchases his Interest , by which means he might the better give relief to the distressed Tenants from oppression . The Earl now in Dunbarton Castle , with a Noble a Day pension for his Maintenance , had information how his Estate with his Castles Kirkwall , Birsay , and other his Houses and Lands in the Isles were rendered to the Kings Sheriffs ; He endeavouring first to escape , but not effecting , sends his base Son to get forces , and to expulse the Possessors . He does so , with some loose people assaults Birsay , and takes it , wherein he puts a Garrison of thirty men , and hastens to Kirkwall , seizes that also . This Insurrection comes to the Kings knowledge , and hastens Commission to the Earl of Caithness , Lieutenant of those bounds ; who with his Canon recovers the Castles in 6 weeks , and those within made Prisoners . Robert Steward the Earls base son , and four more principal Actors , were arraigned at Edenburgh , conv●ct , and hanged . The Earl as Accessary , came to Tryal , being indicted for causing his base son to surprize Kirkwall and Birsay , inciting the people to Rebellion , and detaining the Castles treasonably against the Kings forces . He was allowed Prolocutours ( Lawyers ) of the best esteem , who deny the Libel ( as they call it ) but the confession of his base Son , and Others , with his missive Letters written to one Iohn Sharp , for detaining those Castles , and a charter of certain Lands assigned by him to one Patrick Haloro , for assisting the Rebels ; the Assize of Iury , being his Peers , Earls and Lords found him guilty of Treason , and he presently executed at Edenburgh . The end of Patrick Earl of Orkney , Son to Robert Stewart one of the base Sons of King Iames the fifth ( for he had others ) This Robert was at first Abbot of Holy-rood-house , for divers years . After the forfeiture of Hepburn Earl of Bothwell , and the obtaining those Isles , he exchanged the Abbacy with the Bishoprick of Orkney ; and so became sole Lord of the County . Patrick succeeding to an elder Brother , and grown a Courtier , involved himself in great debts which inforced him the more tyrannous over the people , to recover his wants . At Glasgow was apprehended Oglevy a Jesuite , lately come from Gratts , by command of his Superior in that College . He answered peremptory to the Commissioners questions , professing not to prejudice others by any Confession . Their torture to inforce him to impeach others , was to debar him sleep for some time , until he was forced falsely to accuse any body , which he , after repose , would deny again . The King was displeased with such forms to men of his profession , and if no crime could be proved but his Calling , and saying Mass ; they should banish him , not to return on pain of Death ; but if his practice had been to induce the people to rebellion , and maintained the Popes power transcendent over Kings , and resused the Oath of Allegiance , they should leave him to the Law. But with all they were to urge his Answer to these Questions . 1. Whether the Pope be Iudge in Spiritualibus over his Majesty , and whether in Temporalibus , if it be in Spiritualia ? 2. Whether the Pope hath power to excommunicate Kings ( such as are not of his Church ) as his Majesty . 3. Whether he hath power to depose Kings after his excommunication , and in particular his Majesty . 4. Whether it be no Murther to kill the King so deposed ? 5. Whether He hath power to assoil subjects from the Oath of their native Allegiance to his Majesty . He answers in writing , To the first Affirmative in Spiritualibus . But whether in Temporalibus he is not obliged to answer to any but a Iudge of Controversyes of Religion , the Pope , or one by his Authority . To the second affirmative , and that all persons baptized are under the Popes power . To the third , He will not declare but to a lawful Iudge of Religion . To the rest , ut supra . He could not be moved by threats , but rather railed at the Oath of Allegiance , as damnable and treasonable against God ; and so came to Tryal of Life , but was told over night , That he was not to be tryed concerning his profession , but for his former Answers to the Questions , which he may recal and crave mercy : but this he utterly refused . And so was impannell'd , grounded upon the Acts of Parliament , against such as declined the Kings authority , or maintained other Jurisdiction , and upon his former answers . He protests , not to acknowledge the Iudges nor Iudgement Lawfull : for if it be Treason here , it should be so in all other Kingdoms , which is not . Your Acts of Parliament are made by partial men , and of Matter not subject to their forum , for which I will not give a fig. The King hath no Authority , but derivative from his Predecessors , who acknowledged the Popes Iurisdiction ; if the King will be to me as they were to min● , he shall be my King , if otherwise , I value him not . And for the reverence I do to you , bare-headed , It is ad redemptionem vexationis , not ad agnitionem Judicii . That the Iury were either his Enemies or his Friends , if Enemies they could not sit upon his Tryal ; if Friends , they ought to assist him at the Bar ; That what he suffered was injurious , and not Iustice ; he had not offended , nor would crave Mercy . My Commission ( said he ) was by command of my Superiour , and if I were abroad , I would return hether again , and repent only that I have not been so busie as I should , in that which you call Perverting of Subjects , and I call , Saving of souls ; I do decline the Kings authority , and will do it still in matter of Religion , the most of your Ministers maintain it ; and if they be wise will continue in that mind . As for that Question , Whether the King being deposed by the Pope , may be lawfully killed ? Doctors of the Church hold the Affirmative not improbably , and as it is not yet determined , so if it should be concluded , I will dy in the defence . And ( now ) to say , It were unlawful , I will not to save my life . His insolent speech was shortned by the Jurors quick return , who found him guilty , and had Sentence of Treason , and to stop his rayling , was after Noon , the same day , hanged at Glasgow . He was a desperate second Ravilliack , and ready in that devilish doctrine of deposing and disthroning Kings , which he urged the more ( he said ) as consonant to the Kirk Ministers tenents . And that nothing troubled him but to be taken away ere he had done that which all Scotland and England should not have prevented , and had it been performed , no torments would have been by him refused . So then we see the cause of his Execution . For the King professed , Never to hang a Priest for his Religion . The opening of the Spring gave opportunity to sundry families of England , to prepare themselves for planting in America , Upon no great incouragement of profit , or pleasure , by any former Voyages of the English , into those parts ; but people and trade increasing here , they would unburthen this State with forein adventures . The Design was for New England a part of America , in the Ocean Sea , opposite to that part of America , in the South Sea , which Sir Francis Drake discovered in his voyage about the world , and named it Nova Albion . But he was never imployed thither , as a Discoverer or Planter upon this part of America , taking the coast from Cape Florida , in twenty degrees , ( North Latitude ) North-East-ward to Cape Brittain . Between the Degrees of Latitude , from 20. to 45. King Iames granted Letters Patents , being about fifteen hundred miles , but to follow it aboard near two thousand miles . And all this Coast from Cape Florida of twenty Degrees to five and forty , was first discovered by Iohn Cabot , with six sail of ships , who had his Patent from Henry 7. Anno 1442. about the time that Columbus discovered the middle part of America , for Ferdinand and Isabel of Spain , and is called the West-Indies . The first Colony from England was with Sir Walter Ralegh , assisted in company of Sir Ralph Lane , and Thomas Heriot , that learned Mathematician , Anno 1584. who in honour of Queen Elizabeth named it Virginia , leaving there sixteen men , which were brought home by Sir Francis Drake , in his return from his West-India Voyage a year after ; and this part is contained from Florida to the Chesiopech Bay. The next Northward is a part of Land to which Sir Iohn Popham Lord Chief Justice sent , for Discovery and Trade , 1606. but no success returned , and since it is called New England . Then the Land adjoyning Northward was discovered by Captain Gosnold , all that coast being studded with broken Lands , and called by him Elizabeths Isles . Then you come to Cape Cod , and to the discovery of Captain Weymouth's Land , and large River , and so forward to other Plantations , sithence of the English , so far as Cape Britain . Then to Nova Francia , the Colonies of the French , which Land in truth they have ingrossed , as being elbo-room for all , and which ends at Cape Race ; the Lands spreading from thence directly Northwards , and named New-found-land , untill you sail into the Frozen Sea , where Davis , Basin , and Hudson , made large Discoveries , many thousand miles . But to our business , this year 1614. Captain Smith intended for New England , with two ships , not to plant , but to take Whales and other fish , and to trade for Furrs , and so returned . And presently from Plymouth , he went out again , with one ship , and Michael Cooper with five from London , accompained with four more from Plymouth , partly to trade and plant . And indeed these people for Planters were suspected notorious Schismaticks , Brownists , Anabaptists , Families of love , and the like , under such notions , so together , and here and there strewed over with a spice of Protestancy , but by the general name of Puritans , which term included good and bad in their distinct kindes , truly and ingenuously distinguished into the Puritan Knave , and the Knaves Puritan : but in truth , all of them ( of the first rank especially ) Enemies to the Hierarchy of our Protestant Profession in the Church of England . And away they would go , for elbo-room to model a new Church-government , such as hereafter should happen ; for God knows , they were so diversly affected , that as yet they could conclude of none , nor ever would agree to any . It was not impossible also , but those Factions there might breed into extremes , and become hereafter Nurseries for all Non-conformants of Church or State , with some prejudice to this Government at home . And therefore then , there was a restraint for the present onely , untill by examination of some of their Principals remaining behinde , a better account might be assured , concerning those that are sent before , for whose good behaviour there , these were responsible here , and so they had leave to go . And in a word , at that time , and until these later days , most of the violent pretenders for Plantations , either Governors or Assistants , here , in their several Courts , were a company of cunning contrivers , who abused the honest Adventurers , and of long time came loss to them in all their returns . The Kings bounty had stretched beyond the liberty of his Treasure , which he timely took up , and was free in rewarding merit by Honour of Knighthood , upon such whose Estates were not answerable in value to other Gentry , before whom they were to take place of precedency . And therefore it was designed ( twelve moneths since ) by the late Treasurer Salisbury , to create a degree of Knight Baronets , to precede all Knight Bachelors , being the earnest suit of themselves , ninety persons in all of good Birth and Estates ; and each of them ( except two and twenty ) were then Knight Batchelors : and this to my knowledg , for I copied the List of them , before it was presented to Salisbury : and as true , that his exception thereto was , that it would discontent the Gentry . To which themselves replied , that it would rather satisfie them , in advance of dignity before others , who now come behinde those meaner men , whom indeed the King was forced to dubb , for his Honour and some merits of theirs , having no other reward or money to spare , and therein not much too blame , to oblige them that way ; and Salisbury dying , it was now established ; the design having martial reference to Honour and Arms , the Prerogative of every Sovereign , as in former Presidents of all Christian Princes and States Monarchical and Republicks , especially upon distress of any Province or place , for support or defence thereof . And herein , other Princes exceed in example , and never quarrelled by any ; as in Germany , Spain , France , Italy , Venice , and must it now be a crime in this King , in the settlement of his Inheritance here , to take leave to advance the creation of one single Order ? A new erect distinct Title , with those Privileges to them and their heirs for ever . Place before all Knights Bachelours and of the Bath , ( and all Bannerets , but they are not in being ) to be impleaded by addition Baronet , and the Title Sir , and their wives Lady , the King sh●ll not create any degree under the dignity of Baron that shal be superiour or equal to them , no more to be made , but the full number of two hundred , untill some of these dy , but the younger sons of Viscounts and Barons ( by Decree of the King and Council upon controversie ) were adjudged to take place before them , and that their heirs males at one and twenty shall be knighted , and shall leave either in a Canton in the Coat of Arms , or in a Scutchion at their Election , the Arms of Ulster , Argent , a Hand Gules , their place in the Kings Armies to be in the gross , near about the Kings Standard , for defence thereof . Nor was this done but in the like example or noble way , for each Baronet to maintain thirty Footmen for three years at eight pence per diem each Souldier in service of the Kings Forces , for the establishment of the Province of Ulster in Ireland , not as yet emptied of Rebells , which came unto one thousand nine hundred and five pounds a piece . And it was their own humble suit afterwards to compound the expence , at a certain value , and to put the charge in general upon the King : and I know he lost by the bargain , the Composition came but to ninety eight thousand five hundred and fifty pounds , and cost the King much more . And for the honour of their degree and memory , it may not be amiss to insert in order of precedency in their Roll , threescore and eight of them being Knights already , and two and twenty Esquires . Suff. Nicholas Bacon . Lanc. Richard Mollin●ux . Glam . Thomas Mansell . Leic. George Sherley . Glam . Io : Stradling . Derb. Francis Leak . Suss. Thomas Pelham . Lanc. Richard Howton . Wilt. Io : St : Iohn . Linc. Nicholas Sanderson . Suss. Io : Shelley . Cistr. Io : Savage . Essex Fr : Barington . Leic. Henry Barks , Esq Ebor. Will : Wentworth , Esq Westm. Richard Musgrave . Norf. Henry Hobard . Cestr. George Booth . Camb. Io : Peyton . Suff. Lion : Talmage , Esq Not. Iames Clifton . Lanc. Thomas Gerard. Staff. Walter Aston . Norf. Ph : Knevet . Essex Io : Wentworth . Ebor. Henry Belaser . Ebor. William Constable , Esq War. Thomas Lee. Rutl. Edward Nowell . Hunt. Robert Cotton . Cestr. Robert Chalmond , Esq Devon. Edward Seymer , Esq Lanc. Moyell Finch . Oxon. Anthony Cope . Linc. Thomas Mouson . Linc. Thomas Vavisor . Derb. Thomas Gresly , Esq Gloc. Paul Tracy , Esq Ebor. Henry Savile . Derb. Henry Willoughby , Esq North. Lewis Tresham , Esq North. Thomas Brudenell , Esq Linc. George St : Paul. Linc. Philip Terwit . Linc. Roger Dallison . Linc. Edward Carr. Linc. Edward Hussey . Norf. Lestrange Mordant , Esq Essex Thomas Bendish , Esq Carm. Io : Wynn. Gloc. William Throgmorten . South . Richard Worsley . Bedf. William Gostwick , Esq War. Thomas Puckering , Esq Camb. Nicholas Sands . Ebor. Fr : Wortley . Ebor. George Savile . Derb. William Kneveton , Esq Norf. Philip Woodhouse . Oxon. William Pope . Rutl. Iames Harington . Staff. Richard Fleetwood , Esq Oxon. Thomas Spencer , Esq Lanc. Io : Tufton . Camb. Samuel Peyton . Norf. Ch : Morrison . Kanc. Henry Baker . Essex Roger Apl●ton , Esq Kanc. William Sedley . Kanc. William Twisden . Kanc. Edward Hales . Kanc. William Moynes . Essex Thomas Mildmay , Esq Essex William Maynard . Buck. Henry Lea , Esq Wilt. Edward Gorges . Essex Harbottle Grimston . War. Thomas Holt. Som. Io : Por●man . Linc. Io : Wray . Berk. William Essex . Ebor. Marmaduke Wivill . Wilt. Fr : Englefield . Staff. Io : Pessel , Esq Essex William Aloff . Wor. Edward Devereux . Dev. Thomas Ridgeway . Cornw. Renald Mohune . Essex Paul Baning . 68 Knights . 22 Esquires . 90 These afterwards . Doneld . Thomas Blaxton , Esq Chester Rowland Egerton , Esq Norf. Roger Townsend ; Esq It is well known that Queen Elizabeth left her Coffers empty , and her Revenue not ample ; for in Treasurer Burghley's times , the profit of the Kingdom ( besides Wards and Dutchy of Lancaster ) . was one hundred eighty eight thousand , one hundred , ninety and seven pounds per annum ; and the Payments one hundred , ten thousand six hundred and twelve pounds per annum . In which Payments these were constant per annum . The Houshold forty thousand pounds Ordinary , and now increased necessarily , almost treble . The Privy Parse two thousand pounds . The Admiralty thirty thousand pounds . 1. For support , this King was to proportion his issues , with his Revenues , both certain and casual . 2. By abating or reforming the excess of his Houshold . 3. By raising moneys , and improving the Crown Revenues . For the first , he could not well tell how to begin that Lesson , for coming in hither with an increment of expence , Himself , Wife and Children , and a large Train of old Servants to be new rewarded , the Marriage of his Daughter very lately , which expence in that amounted unto near an hundred thousand pounds , and her Atd-money came but to twenty thousand and five hundred pounds . And that we may see the Charge and Expence of this Marriage in particular , I shall set it down .   lib. For the Palsgraves Diet at his standing house 6000 For his Diet at his Instalment of the Garter 4000 For Diet at his Marriage 2000 For Lodgings for his Servants 830 To the Wardrobe for Apparel for the Princess Eliz. 6252 For furnishing her Chamber 3023 Apparel and Necessaries for her to my L. Harington 1829 Jewels and Apparel for her Servants 3914 To divers Merchants for Silks , &c. 995 The Lords Mask at her Marriage 400 For the Naval Fight of Fire-works on the Thames at her Marriage 4800 More Fire-works on the Thames at her Marriage 2880 To Sir Edward Cecil as Treasurer for her Journey from hence to Heidelbergh , and for her Purse 2000 For setling her Iointure , and charges to some of the Gentry to go thither and to take the Assurance 800 For her Transport to Flushing 5555 Totale 53294 Paid over to the Palsgraves Agent for her Portion 40000 The Total is ninety three thousand two hundred ninety and four pounds . These Expences put the King to consider of the best means of Recovery , so that several ways were proposed to make his Disbursments answerable to his In-comes , and the way was ; the first work of Ordinary good Husbandry , and might well be expected from a Paterfamilias , yet it would not for the present , Rebus sic stantibus , become this King , whose fame and honour ( as all other Sovereignties , so his in particular ) stood more upon Reputation than profit ; and therefore he ( according to the magnificence of Royalty , left that consideration , and he had done reasonable well , if not too much , for satisfying his Train . His second way was , to consider of his great expence of Houshold , now enlarged into several Courts , King , Queen , Prince , and Nursery ; and these being lookt into , he was forced ( contrary to the royal and largest heart of any his Progenitors ) to come to Retrenchment ; and truly in this , he was advised to use the means of mean people , and others subordinate , Ingram and others . And first he removed by Proclamation a number of useless persons of his own Nation , that unnecessarily depended upon the bounty of his Court , and returned them home again . Then he proportioned to each Court their expence , particularly rated for personal Diet and Dependance , Livery and Wages , Charge and Salary . And this was done without publick complaint of any pressure upon the people ( as hath been usual heretofore to Parliaments , and by them redressed ) but prudently considered , and so referred to the Council-table . In ancient time the Houshold was regulated by Book-order , and continued so to Henry 8. when Cardinal Wolsey ( for more honour to that Christmass King of immoderate expence ) settled it , and so remained a ground-work to this present time , being now so corrupt , as that new ways were proposed , in effect to put down Tables , and to allow Attendance-money , as France does ; or else by setting up the Hall again , to the best , first , and most magnificent Order , that so being spent in publick to the Kings honour , the secret waste of Chamber-diet , and purloining prevented ; for out at the Court back-doors , most of the meaner houses at Westminster were maintained with food and firing , the stealth of under-chamberers . We all know what excess was usual in our ancient Retinue and Servants with blue coats and badges , especially respecting the Garter of St : George , who were now ordered to lessen their number , and afterwards to fifty Gentlemen , and no more , to each Knight of that Order , heretofore an excessive number , to vie it out who should bring most . And to reform himself from the excess of his royal heart in gifts and rewards , he published Orders and Articles in print , in what manner his pleasure restrained his bounty , and what natures he was willing to grant . Having been liberal to the Scots , whom he brought with him , men of the greatest eminency at home , thereby to binde them here with Free-hold Lands , as also with English Tithes ; for what held the great Gascoign Iean de Foix firm to the Crown of England , but his Earldom of Kendall here . A neglect in Queen Elizabeth , to draw the chief Nobles 〈◊〉 into England by exchange , or gift of Lands to have 〈◊〉 them Free-holders here : she might then have spared two 〈◊〉 her Wars . 〈◊〉 indeed the Kings gifts in Land to the Scots , unthankfully 〈◊〉 ●●●ttingly they sold , conveying that Treasure into Scotland , 〈◊〉 his great Design of uniting them here , became frustrate . 〈◊〉 we finde , how many of them not so engaged , have turned 〈◊〉 ersaries to his Posterity . And I remember well , not a penny given then , freely to the Scots , but gave alarm to every part of Englands Discourse ; Notes , Copies of all privy Seals , for money given , and so shewed then in Parliaments . Yet no noise of what the English had , though ten times more . But his free hand having stretcht his purse-strings , there was a free Benevolence considered of , from such good Subjects as in hearty affection to their Sovereign , were willing to contribute , and did , the Lords and others , by which he might have experience how they could serve him , that served themselves so well , the building up of their own fortunes and factions , had been their diligent studies , and his service but the exercise of their leisures . And this Benevolence came but to fifty two thousand nine hundred and nine pounds out of their purses . Which yet madded the ill-minded men , [ Pillars to the Kingdomes Liberties ] alwaies plotters to the Kingdomes Miseries . Who being ashamed to be out-done in honesty and honour , they justly drew upon themselves a Mark of Malignancy ; and so needed not otherwise to be noted , [ by giving in their names ] as is pretended . And yet they would be medling , devising poor Arguments to pretend it , [ against Subjects Liberties ] though accustomed evermore by examples of all former Sovereigns . But to tell our Historian how antient the custome of Benevolence hath been , ever since the Statute of 20 Henry 8. that united Wales and England together , and to send their Members to sit in Our Parliament , where a motion being made in the House of Commons for a Benevolence to be freely given to that King , an honest Knight ( for a Welch County ) made answer . Mr. Speaker , This word Benevolence is a pretty Word , but I understand it not ; Yet sure it is something His Highness should have : If it be so , in Gods Name let him have it ; the sooner the better ; and so may deserve thanks , else it will not . Thus it was then , but now it is held to be [ Against Law , Reason , and Religion ] and Injustice and Impiety to be accepted . And because his whole Reign was necessitous , and the want of money for him to be liberal , was his disease ; I think fit to say somewhat here , in excuse to all the future ayms and ends which he took to get money , which answers the third way of Improvement . There was much ado in Council to advance the Crown by several waies of Improvement . By grants in Parliament , wherein the King made some Tryal ; so be it examined from former examples , whether or no , their bounties exceeded his Merits ? Some advised him to fall upon Acts of Resumption , of Lands , Offices and Annuities , unadvisedly or profusely bestowed by his Predecessors , or himself , upon undeserving persons ; which have been usually done by former Presidents of Princes , Ubi necessitas Regis cogit . But this his Noble heart disdained . Indeed it was wicked Counsel to work upon his Necessity , thereby to make him odious to his meritorious Servants and good Friends . Did he ever do , as others , Henry 3. to his Subjects , of whom one saies , Quicquid habuerunt in Esculentis , et poculentis ; Rusticorum , er●im , Equos , Bigas , vina , victualia ad libitum cepit . He made tryal of Voluntary Lones , or Benevolence by Privy Scal , which was neither burdensome nor dishonourable , being so petit in the Purses of the ablest Subjects . But Compulsion I know of none , unless you call the Star-Chamber to the accompt , the Mulct and Fines of great Offenders , and perhaps adjudged by that Court to some value as the Crime deserved , which might be suspected in favour for Support of the Kings occasions . Yet you will find , when such happened , it was in the excess of unparallel'd crimes , not in other Courts of Iustice lyable to examination or punishment ; which as it was in Terrorem populi , so now in these our later daies being suppressed in favour and liberty of the Nation , the wickedness of sinfull man takes freedome to offend in such horrid waies , that nought but some such extraordinary course of Justice can possibly reform . Pawning of Iewels and Plate had been frequent by all former Princes , and that not in ordinary waies , Aurum & Iocalia faenetri sancti Edwardi Confessoris . Vasa aur●a , & diversa Iocalia . Nay , Magnam Coronam Angliae . Yes , and Queen Elizabeth did it , and no more need , than He ; but he did not . To assign Customes , and pawn the next Subsidies to be granted , hath been a device to draw on supplies the sooner . Which he refused . The Privy Seal indeed he made use of , but very moderately in comparison of former Presidents , if you examine the Records and Rolls of willing Subjects bountiful assistance . Compulsory Waies have been Presidents to necessitated Princes , exacted from Merchants-Strangers , or to be committed to Prison , and the English Subject , little better favoured . What will you say of Henry 8. ten per centum of all Goods , Iewells , Utensils , and Land , extremely rated , per Sacramentum Suorum ? In that rank may be remembred a Custome , called Liberalitas populi & Curialitas ex voluntate , nec de jure potest . But in the gathering by Commissioners , such threats were used , as was little better than the violent ; and was customarily reduced down to Queen Mary ; indeed Queen Elizabeth had a little better cunning way to cozen them the more returning their bounty back again , until they doubled the summ . There is a Statute , To compell Subjects to attend the Kings Service , which was repealed by Queen Mary , and that again repealed by Parliament of this King , of which truly he made no other advantage , than to send half a dozen refractory Puritans , that troubled the State , of his errand into Ireland , and yet paid them good salary for their pains , which had been usuall heretofore in the like case , at their own cost . Trading themselves ; I could shew Presidents for this also , of other Princes engrossing trade of Commodities ; as one did , with all the Wools at a long day , and a narrow price , and sold them over Seas with great gain . The like of Tyn , Corn ; nay , bind all men to trade their staple to one certain place , and yet themselves to places of more advantage . And this was the glory of Queen Elizabeth stoop'd unto , and took occasion to trade in , when the gain was advantage , though but in Strong-Beer . Licensing Others also . It was so ordinary heretofore , to raise monies by licensing Trade , non obstante , Statutes and customs , as that those grew to high Complaints ; yet necessitated Kings , continued these non obstantes , non obstante . And this King found them in Grants , for certain years in being , and made no further example of them , unless transporting of a quantity of undrest White Cloths to the Earl of Cumberland , and some others , and that upon good reason of State too . Raising rates of Merchandize . There will never want will in the Merchant to abuse each other , and gain to themselves : and therefore as all Princes have occasion , and the increase of commodities requiring , do raise the Rates ; and this was done cum consensu Mercatorum ; but of late the just Prerogative imposed it , where the Merchants gain might give way , if you could conceive it convenient , to their conscience , ever to acknowledge any gain sufficient . Causa honesta sit , ut necessaria ratio facili tempus idoneum . Letting Customes to farm . He did so ; some murmured , grieving the Subject to pay Custome to the Subject ; but do they serve the King for nought ? infinite gain ; It was then wished , that they should declare their benefit , and afterwards become Collectors for the King. Queen Elizabeth , after she had raised Customer Smith from 140001. per annum to 420001. made him discount what he had got . This King did not do so ; yet he did better , borrowed money , and never paid it them . Besides they were alwaies at hand to be squeazed , and what his Successor failed in that way ( being perhaps surprized by death ) the next long Parliament , did to purpose ; ruined them all upon old Scores . And was it not time for King Iames so to do ? We all know by the succeed , such Contractors lost not by their Farm. By which we may be assured , how mightily trade increased by the wise Government of this King , and no Text more certain to prove it , than the Inter and Overloping of Merchants to get in to be Farmers ; so mighty was their gain , and so secret this their trade , as ( but by their Pride , profuse and stately comportment since , could never otherwise have been imagined . Liberties and Penalties ; there have been Kings that have proclamed , Quod omnes Chartae irritae forent , nisi posteriori sigillo roborentur . Nay , Qui suis volebant gaudere , innovarent chartas suas de novo ; and this was done by Commissioners , or by quo warranto against all . And for penal Laws , though I know , that many Projectors advised , yet former examples of this kind have evermore been fatall to those of the Quorum . But this King declined it , at all . Selling Offices had been done formerly , not a King scaped it ; to sell great Offices of the Crown and State , for years , for life , under the Kings hands and seals . They lodge in the Record thus , Chancelour , Chief Iustice , all Keepers of Records , Clerks of Assize and Peace , Masters of Game and Parks , and what else of profit or repute . In France it is common , not one scapes , and in Spain as usual , and defended as lawful ; and there are some , that have prescribed them amongst the best Rules of reigning Sovereignty , both Ecclesiastical and Temporal . It may be , that Favorites and Courtiers , made bold with their interests in their Master to receive their Rewards ; But his own hands were ever closed from such corruption . Sale of Honours ; It was the antient Power , and that legal , to call landed men to Knight-hood or fine ; which he did , by favour and grace which he gave , truly I believe he was no niggard in them too . But indeed , there being no Chivalry , or Deeds of Arms in this time of peace to make men merit honours , those that had it ( favourites excepted ) I rank in desert , and so of due reward ) To others I confess , they paid for it , and they were those off-hand Lords as were made Earls together , that paid eight thousand pound a piece , and the pride of their hearts never bogled at the purity of the Project , but swallowed down the Corruption , without check of Conscience ; and yet this I can tell , Some of them , set their Sons to beg again , part of it , for their private expence . The Baronets were created upon a better score , and both these without any plot of State , as was feigned , and the designs upon the Earl of Salisbury for the former , and upon Buckingham for the later ; when in truth Pride and Ambition made the project their own . And in Gods name let such pay the price thereof . And I know , as honest and discret as our later times can boast of , molded other such designs for degrees of honor , to be hereditary in tail , as Under-degrees to those already in use , which yet the King for that present declined . Coyn and Bullion . All men know , that Coin and Bullion in any State admit great wisdome in the mannagement , and as many overtures were now offered , as could stand with Justice or Customary Presidents . It was much urged to abate money , which was never used by any , but as a last shift , full of dishonor , as in Bankrupts , and a certain inconvenience to all Revenues of rents , and so to the King in that particular , as the greatest land-Lord , and so his disadvantage ; which he declined . Moneys being esteemed quantum in Massa , not altogether per sculptam ; and so hold esteem by their true value . Queen Elizabeth held it up from abasement , which her great potent Enemy Spain could not do . Then was advised Cambium Regis , an office antient , untill of late the Goldsmiths have ingrossed it . Some thoughts there were to make the Exitus exceed the introitus in Traffick , that the unnecessary , nay useless commodities brought in ( in old time accompted Wines , Spices , Silks , and fine Linnen ) the Manufactures of out-lands , and sold to us to a great value , even in Babies and Rattles , being the sad occasion then , the great want of Bullion , not sufficient in Specie to pay the Lender in principal . At last it was concluded to get advantage in the Coinage , either simple Metal or Mixt , by which we see , that all Monarchs have , are , argento , & auro , and so was coined only Farthings , least other stamp of more value should clog the Kingdom , and a proportion was ( together ) coined , and do what this State could , was in few years counterfeited by our neighbour Hollanders , and many Firkins filled by them , that the Farthing Office , was not able to rechange , upon the rebate for silver , which yet the King continued till these late times called in . Examine the inconvenience of Leaden and Copper Tokens , as great a benefit now to Retaylors , then formerly to the State ; but with much more inconvenience to the Nation , being only utterable and current to each Retaylor , of his own Mint and Mark. He was forced to adventure upon the use of Parliaments , and to being with money , but not to build long upon their discusses , whereby came that saying in common , as of no other Design , Subsidies granted , Parliament ended , and therein the disadvantages he found ; might well distinguish him , and their less frequent calling from his Predecessor , and her often invitation , and indeed discourage any Prince , that should next succeed her . The Disposition and Spirit of the times considered were not alike with him . Her people ingenuous , and un-inquisitive , wrapped in innocence and humble obedience . But in his time , their passions and disaffections had gotten loose Reins , the snaffle in their teeth , contesting and capitulating ; Reasons of her actings were her own Will ; for then she having just cause , to complain of oppressions ( as they did ) they only conveyed them to her notice , and left the time and order of redress to her Princely discretion . And yet when it was not altogether concerning them , she would bid them meddle to amend their own Manners ; Nor were her Messengers choaked , by any reproach , that came of such errands . In his time , so much degenerate from the purity of the former , under pretence of reforming and freedom , that their very inquiry extended to the privacy of the King himself . Nusquam Libert as gratior extat , quam sub Rege pio . Afflicting themselves to search for mischiefs , and being found to scandallize the State with them . How these were nourished and afterwards fomented , the revolution of time hath made obvious to all men , and saves me the labour to set down the particulars . It was no novelty then to applaud the former times , and to vilifie the present , for indeed her fame carried it current in a long continuance , to have lived and dyed Royally and Victoriously , without the disquiet of the peoples affections ; and being but a Sojourner in the World in respect of her Maiden-hood , might be , and was a blessing to her own times : the impression of her good Goverment , besides her happy memory is not without some effect , which doth survive her ; But this K blessed already with Royal issue , and whose fruitful Bed promised increase , It was more proper and agreeable with him to be studious , not onely in the Transitory part of good Government , but in those Acts , which are in their nature permanent and perpetual to his posterity , rather to increase , than diminish the Advantages of Soveraignty , which he aimed at , and for his part and time did perform , but t is a tender subject to discuss . I have done . Yet I may add a truth . That all the force and power of his Progenitours , and all their merits and policies to boot ( for more then an age before her ) could never borrow so much credit upon their Privy Seals , as she did during her time , and left them all for this King to discharge , great and vast sums . Which shews ; that Necessities put her upon that piece of State , when neither her Exchequer could afford relief , nor the urgency of her affairs indure the delaies of Parliaments assistance . For in truth , she had strained likewise from her people in that way of Subsidies , more then ever any Prince ( I will not say many ) that were before her . She had the way to do it , by complaisance of a Princess ; and he a King , not affecting that Course , failed of such effects . For he was by nature more reserved than popular , and had his virtues fitter for estimation then Love , and did like a King ; his soul being planted higher , overshot such matter , as lay level to anothers eye . And so ( as I have said ) some of these ways , to get mony , was set a foot , this year 1614. and upon several occasions in his reign after proposed , but not effected . In those times of Trade the Merchant-Adventurer usually transported Our English Cloths , white , undress'd and undy'd , and the Dutch had gotten the Art by the end , fitted and stretcht them by their Knavery , and so returned them to us at high rates ; of this the Cloth-worker of London complains , which was soon remedied by Proclamation , forbidding the transport ; and to countenance that Corporation , the King was feasted in their Hall , and made free of their Company , the rather because their Cote Arms , the Thistle , is the Scots Embleme . And over went our Cloaths accordingly , dyed and drest , which the Hollanders forbid to be bought by them ; and therefore dealt with our Fell-mongers , and got over Our Woolls , and the Mystery of making Cloth. Hereupon we proclame and forbid the transport of our wools . The Quarrel between those two Corporations , and their respective gain is by the Merchant Adventurers complained of , and for mittigation of their Mischief , several warrants for some thousands of Cloths were sparingly licensed by wisdome of State , to be sent over , and so evenly moderating the mystery of Merchants that cozen each other ; and at their great Feast likewise the Prince was made free . The King of Denmark makes a second visit to his Sister the Queen for fourteen daies , upon no business of State , onely his affections to her , and jollity to himself , with a Train of no more than half a hundred persons of honour , and Noblesse , of his own breeding to the Dutch Diet and Drink , to which he was too much inclined and oft-times had his load ; for we were not wanting of our boon-Companions , that waited on him for that purpose . The Earl of Suffolk succeeding Salisbury in the Treasurership yielded his Office of Lord Chamberlain of the Kings Houshold to his Son in Law Somerset , as aforesaid , and he the Place of Secretary unto Sir Ralph Winwood , lately returned from the Netherlands , where he had been Ambassadour Lieger of a long time . The Summers Progress returns the King to London , where had been some muttering of Overbury's death in the Tower , discovered beyond the Seas by the Apothecary's Boy that impoysoned the Glyster , and having his Reward was sent out of the way to Flushing , where he told the Tale to Trimball the Kings Agent there , by whom it came to Winwood's knowledg , and so to the King , and by degrees to particular Examinations , Confessions and Executions of all these , Weston an Apothecary , Mistris Turner a Doctor of Physick's widow , Sir Iervis Yelvis Lieutenant of the Tower , and Franklin , all accessaries . But Weston being the principal actor , it was therefore his turn first to come to the Bar , at the Hinstons Court in Guild-hall , where beyond Judg Cook 's expectation the man stood mute , notwithstanding all allurements and threats that could be used , and so was returned to Prison ; Cook informs the King , that unless the principal be convict , the accessaries could not be tried ; but by continual cunning , and some fair promises of pardon , Weston put himself upon his Countrey and was cast , condemned and hanged : Cook not content with that , gets knowledg under-hand that Serjeant Yelverton an obliged Servant to the House of Howards , had advised this Counsel for Weston , not to betray any parties . And this Tale was told by Sir Robert Cook from his fathers confession . After all comes Somerset and his Countess , and both condemned : some that were then at their Trial , and not partial , conceived in conscience , he might have been spared that Sentence , and as himself says to the King , That he fell rather for want of well defending , than by force of proofs ; for I so far ( says he ) for sook my self and my cause , as that I might be more condemned for that , than for the matter . And because it was a story of evil fame , near and far off , I shall put it to the test , in a brief Narratory , being pleaded before the Lord Elsmore , Chancellour and High Steward for the Day , and most of the Peers at Westminster Hall , May 1616. in this manner . A Peer of the Land hath this Privilege upon Treason or Felony , indicted , to be tried by his Peers : the King by Letters Patents assigns some sage Lord of the Parliament to be High Steward of England , for that Day of his Arreignment , who before that time makes Precept to his Serjeant at Arms , to warn to appear before him a certain number of Lords of the Parliament , twelve at the least upon that Day at Westminster . At which time the High Steward shall sit under the Cloath of State , and causeth his Commission to be read , the same Serjeant returns his Precept , and calls the Lords , who appearing by name , and set , the Lieutenant of the Tower is called , and brings his Prisoner into the Court to the Bar ; the High Steward then declares to the People the cause , why the King hath assembled those Lords and the Prisoner , and perswades him to answer without fear freely , and commands the Clerk of the Crown to reade the Indictment unto him , and to ask him if he be guilty or not ? to which he usually answers , Not guilty ; and to be tried by God and his Peers . Then the Kings Attorney and Serjeants at Law give Evidence against him ; whereto , when he hath given answer , the Lieutenant of the Tower is commanded to return with the Prisoner from the Bar , whilest the Lords do secretly confer in the Court together , and then the Lords rise out of their places , and consult among themselves , and what they affirm , shall be done upon their Honour without Oath . And being so agreed , ( or the greatest number ) they return and take their places again in Court ; and the High Steward demands of the youngest Lord first , if he that is arreigned be guilty or not ? and so the next in order , and the rest , each one , answering , I or No. Then the Prisoner is sent for to the Bar , to whom the High Steward recites the Verdict of the Peers , and doth give Iudgment accordingly , Stanford Pleas del Coronae , lib. 3. Poult . 188. The antiquity of this kinde of Trial by their opinion is grounded from Magna Charta , but others take it to be more ancient , though there inserted Henry 3. but was brought in by the Conquerour , being answerable to the Norman and French Laws , and agreeable with the Customes Feudal , where almost all controversies arising between the Sovereign and his Vassals , are tried per judicium parvum suorum . And if a Peer upon his Arreignment of Treason do stand mute , Iudgment shall be given upon his Indictment , and yet shall not be pressed to death , but saves the forfeiture of his Lands , Statut. Westm. Edw. 4. Dier 205. But if upon Indictment of Felony , he may be mute . The reason of Magna Charta aforesaid , is there expressed , where he is indicted at the Kings Suit of Treason or Felony , the words being , ( Nec super eum ibimus , we will not pass or sit in judgment upon him , but by his Peers ) but if an Appeal of Murther , or other Felony , be sued by any common person against a Peer ; he shall be tried by common persons , and not by Peers , Stan. Pleas , lib. 3. Brook Trial , 142. But yet this Privilege hath some restraint . For an Arch-bishop or Bishop , though Lords of Parliament , in such cases shall be tried by a Iury of Knights , and other substantial persons , upon their Oaths , because Ecclesiasticks cannot pass in like cases upon Trial of other Peers ; for they are forbidden by the Common and Ecclesiastick Laws , to be Iudges of Life and Death . You see the great regard the Law hath to the word of a Peer , ( heretofore ) upon his honour , and yet how many ordinarily break their Oaths in common ? And thus premised , we come to the case of Somerset and his Countess . First , therefore Sir Thomas Overbury for a time was known to have great interest and strait friendship with the Earl of Somerset , both in his meaner fortunes , and after ; in so much , that he was in a kinde of oracle of direction unto him , and if you will believe his own vaunt , ( being indeed of an insolent and Thrasonical disposition ) he took upon him , that the fortunes , reputation and understanding of this Gentleman ( who is well known to have an able Teacher ) proceeded from his company and counsel : and this friendship rested not onely in conversation and business at Court , but likewise in communication of business of State ; for my Lord of Somerset exercising at that time , by his Majesties special favour and trust , the Office of Secretary , did not forbear to acquaint Overbury with the Kings Packets and Dispatches from all parts of Spain , France , and the Low-countreys ; and this not by glympses , or now and then rounding in the ear for a favour , but in a settled manner : Packets were sent , sometimes opened by my Lord , sometimes unbrokened , unto Overbury , who perused them , copied them , registred them , made Table-talk of them , as he thought good : so , the time was , when Overbury knew more of the secrets of State , than the Council-table did , nay , they were grown to such inwardness , as they made a play of all the world besides themselves , so as they had cyphers and Iurgons for the King and Queen , and great men of the Realm ; things seldom used , but either by Princes or their confederates , or at the Court , or at the least by such , as practice and work against , or ( at least ) upon Princes . But as it is a Principle in Nature , that the best things are in their corruption the worst , and the sweetest Wine makes the sowrest Vineger , so it fell out with them , that this excess , as I may say of friendship , ended in mortal hatred , on my Lord of Somerset's part . It hath been said , that Frost and Fraud ends foul ; and I may add a third , and that is the frien●ship of ill men , which is truly said to be conspiracy , and not friendship ; for it happened , that the Earl of Somerset fell into an unlawfull love , towards that unfortunate Lady the Countess of Essex , and to proceed to a Marriage with her ; this Marriage and purpose did Overbury mainly impugn , under pretence to do the true part of a Friend , for that he accounted her an unworthy woman ; but the truth is , Overbury , ( who ( to speak plainly ) had little that was solid for Religion or moral virtue , but was wholly possest with ambition and vain-glory ) was loath to have any partners in the favour of my Lord of Somerset ▪ and especially not any of the House of Howards , against whom he had professed hatred and opposition . And that this is no sinister construction , will appear , when you shall hear , that Overbury made his brags , that he had won him the love of the Lady by his Letters and industry ; so far was he from cases of conscience in this point . And certainly , howsoever the tragical misery of that poor Gentleman Overbury , might somewhat obliterate his faults , yet because we are not upon point of civility , but to discover the face of Truth , for that it is material to the true understanding of the state of this cause , Overbury was naught and corrupt : in his commendation the Ballads must be mended for that point , which paint him out other , and partiality must be blamed , which now a days favour him , in malice to the memory of the ministers of these Times . But to proceed , when Overbury saw that he was like to be dispossessed of my Lords grace , which he had possessed so long , and by whose greatness he had promised himself to do wonders ; and being a man of an unbounded and impudent spirit , he began , not onely to disswade , but to deter him , from the love of that Lady ; and finding him fixed , thought to finde a strong Remedy ; and supposing that he had my Lord's head under his Girdle , in respect of communication of secrets of State , ( as he calls them himself ) secrets of Nature , and therefore dealt violently with him to make him desist , with menaces of discovery , and the like : hereupon grew two streams of hatred upon Overbury ; the one from the Lady , in respect that he crossed her love , and abused her Name , ( which are Furies in women ) the other of a more deep nature , from my Lord of Somerset himself , who was afraid of Overbury's nature ; and if he did break from him and fly out , he would winde into him , and trouble his whole fortunes ; so as certainly it was resolved that Overbury must dy . That was too weak , and they were so far from giving way to it , as they crossed it ; there rested but two ways of quarrel , Assault and Poyson . For that of Assault , after some proposition and attempt they passed from it , as a thing too open and subject to more variety of shame . That of Poyson likewise was an hazardous thing , and subject to many preventions and caution , especially to such a working and jealous brain as Overbury had , except he was first in their hands ; therefore the way was , first to get him sent over Seas , or into a Trap , and lay him up , and then they could not miss the mark ; and therefore in execution of this Plot , it was concluded , that his pride should be designed to some honourable imployment in forein parts , and should under-hand by himself my Lord of Somerset be encouraged to refuse it , and so upon contempt he should be laid Prisoner in the Tower , and then they thought he should be close , and Death should be his Bail. Yet were they not at their end , for they considered , that if there were not a fit Lieutenant of the Tower for that purpose , and likewise a fit Under-keeper of Overbury ; First , they should meet with many impediments in the giving and exhibiting of the Poyson . Secondly , they should be exposed to note and observation , that might discover them . And thirdly , Overbury in the mean time might write clamorous and furious Letters to his Friends , and so all might be disappointed . And therefore the next Link of the Chain was , to displace the then Lieutenant Wade , and to place Yelvis , a principal abetter in the impoysonment ; to displace Carew , that was under-keeper in Wade's time , and to place Weston that was the Actor in the impoysonment . And this was done in such a while , that it may appear to be done , as it were in a breath . Then when they had this poor Gentleman in the Tower , where he could not escape nor stir ; where he could not feed , but by their hands ; where he could not speak , or write , but through their trunks ; then was the time , to act the last Day of his Tragedy . Then must Franklin the Purveyor of the Poyson , in May 1613. procure five , six , seven several Poysons , to be sure to hit his complexion ; then must Mistris Turner the lay-mistris of the Poysons , advise , what works at present , and what at distance . Then must Weston be the Tormentor , and chace him with Poyson , after Poyson , Poyson in salt meats , Poyson in sweet meats , Poyson in Medicines and Vomits , untill at last his body was almost come by use of Poysons to the state of Mithridates body , by the use of Treacle and preservatives , that the force of the Poysons was blunted upon him ; Weston confessing , That when he was child for not dispatching , that he had given him enough to poyson twenty men . And because all this asked time , impoysoning from March 9. to September 14. courses were taken by Somerset both to divert all the true means of Overbury's delivery , and to entertain him with continual Letters , partly with hopes and protestations , for his delivery , and partly with other fables and negotiations , somewhat like some kinde of persons , which keep in a Tale of fortune-telling , when they have a fellonious intent to pick their Pockets and Purses . Untill at last , they hastened his destruction by an impoysoned Glyster , which wrought into his intrails , and soon dispatch him . And this is the Narration of this Art , which I have summarily recited . Then comes his Countess to her Trial , guilty of too much contrivance and practice , though in Murder it be crime enough ; yet she confessed , that which could not be proved ; and at her Trial , she seemed drown'd in a deluge of grief , being therein beholden to Nature , that she could vent her self in tears ; seeing that sorrow which cannot bleed in the eys does often festor in the heart , and so it appeared in her excess ; women can hardly do any thing without over-doing ; feminine passions must either not be full , or overflow : and indeed , she could not utter one word in her own defence , which begat relenting , even in the Council that pleaded against her , who otherwise take pride to force Arguments , making their Tongues their Ware , and Eloquence their Trade . But her sorrowfull silence needed the less Rhetorick in them , to urge her guilt ; or in her Judges , to consult the weight of her crime . These considerations moved the Lord Steward and Peers joyntly , to move his Majesty for mercy , and for the present procured their Reprieve , back to the Tower ; but indeed , she was dead whilest living , being almost drown'd in despair , to work out her Repen●ance , for which cause principally her life and his were enlarged , as conceiving it the worst of Iustice to kill both body and soul ; and after long imprisonment and true and hearty penance nine or ten years together , and no doubt Repentance also , they had liberty out of the Tower in Ianuary 1621. and confined to the Country , and at last their Pardons were procured , which in ●●uth , notwithstanding her great Family and deserving Friends , was to my knowledg got but by inches , four moneths before the Kings death , which was Anno 1624. But in the whole Execution , where so many suffered , let the Prefacer to the Pamphlet of Fables , The Court and Character of King Iames , pick out a greater President in any History more remarkable for exquisite justice , than this of the King ; wherein by the way , he may be allowed his own even Conscience for justice and mercy both , which no doubt hath found acceptance at God his Tribunal in his behalf ; and his Posterity in due time by our Saviours merit shall be gathered together in the mystery of man's Redemption . And for the other Historian , let his memory be blamed for recounting so many untruths , and yet hypocritically closes with this Gloss , [ Pardon ( says he ) the sharpness of these expressions , for they are for the glory of God. ] I could say more in this and other unfortunate stories of backward times , but I delight not ambitious pains in an useless description of miseries ; I had rather shew you what Somerset , could say for himself , concerning his Land , much more in doubt for his life , it being a piece of charity to the distressed , and to the memory of the deceased : I shall not therefore conceal it , and the length thereof . May it please your Majesty , BY this Gentleman your Majesties Lieutenant , I understand of some halt you made , and the cause of it , at such time as he offered to your Majesty my Letters ; but soon after , your Majesty could resolve your self , and behold me nothing so diffident of you , but in humble language petitioning your favour ; for I am in hope , that my condition is not capable of so much more misery , as I need make my passage to you , by such way of intercession . This which follows after , I offer your Majesty , though not as to your self , for upon less motive you can finde favour for me . Now I need onely move , not plead , before your Majesty , as my case doth stand ; for what I seek to have done , follows , upon what you have already done , as a consequence and succeeding growth of your own act . But to the effect , that your Majesty may see , that there is enough to answer those , ( if any such there be ) as do go about to pervert the exercise of your Power , and to turn it from its own clear excellency , for to minister unto their passions . I have presumed to this end to awake your Majesties own conceit , upon this subject , which can gather to it self better and more able defences in my behalf upon this view ; for though the Acts of your Mercy , which are not communicable , nor the causes of them with others , as derived from those sec●● motives , which are onely sensible and privy to your own heart , and admit of no search or discovery , to any general satisfaction ; and that under this protection , I might guard my particular sufficiently ; yet , my case needs not hide it self , but attend the dispute with any , that would put upon it a monstrous and heavy shape ; though that I must acknowledg , that both Life and Estate are forfeited to you , by Law , yet so forfeited , that the same Law gives you the same power to preserve as it doth to punish ; whereby your Majesties higher Prerogative doth not wrestle with it , nor do you infringe those grounds , by which you have ever governed ; so as the resistance is not great , that your Majesty hath for to give Life , and which is less in the gift of Estate ; for that , the Law casts wholly upon your self , and yields it as fit matter , for exercise of your goodness . Once it was your Majesties gift to me , so it may be better not taken , than a second time given ; for it is common to all men , for to avoid to take that , which hath been once their own . And I may say farther , that Law hath not been so severe , upon the ruine of innocent posterity , nor yet cancelled , nor cut off the merits of Ancestors , before the politick hand of State had contrived it into these several forms , as fitted to their ends and government . To this I may add , that that whereupon I was judged , even the crime it self , might have been none , if your Majesties hand had not once touched upon it , by which , all access unto your favour was quite taken from me . Yet as it did at length appear , I fell rather for want of well defending , than by the violence or force of any proofs ; for I so far for sook my self and my cause , as that it may be a question , whether I was more condemned for that , or for the matter it self , which was the subject of that days controversie . Then thus far , nothing hath appeared wherein your Majesty hath extended for me your power , beyond the reasonable bound , neither doth any thing stand so in the way of your future proceedings , but rather make easie your Majesties favour for my relief . What may then be the cause that malice can pitch upon , wherefore your Majesty should not proceed to accomplish your own work ? Aspersions are taken away by your Majesties letting me loose , to the utmost power of Law , with the lives of so many offenders , which yieldeth the world subjects of sorrow , rather than appetite to more bloud ; but truth and innocency protect themselves in poor men , much more in Kings . Neither ever was there such aspersion , ( God knows ) in any possibility , towards your Majesty ; but among those , who would create those pretences , to mislead your Majesty , and thereby make me miserable . If not this ( whereof the virtue and use was in the former time and now determined ) there is not any but your pleasure . It is true , I am forfeited to your Majesty , but not against you , by any treasonable or unfaithfull act ; besides , there is to be yielded a distinction of men , as in faults ; in which I am of both , under the nearest degrees of exception . Yet your Majesty hath pardoned Life and Estate to Traitors , and to strangers sometimes the one , sometimes the other ; nay , to some concerned in this business , wherein I suffer ; you have pardoned more unto them than I desire ; who ( as it is reputed ) if they had come to the test , had proved Copper , and should have drunk of the bitter cup as well as others . But I do not by this , envy your favours to any persons , nor seek I to draw them into the yoak with my self , but applaud your Majesties goodness , being in that respect , in a nearer possibility to come at me . Besides this , to Elvish your Majesty hath given Estate , which is a greater gift than Life , because it extends to posterity , who was the worst deserver in this business , an unoffended instrument , might have prevented , all after-mischief , who for his own ends suffered it , and by the like arts afterwards , betraid it . To this I may add , Tresham in the Powder Treason , upon whose Successors I do not cast any of his infamy , yet he preserved himself to posterity ; so as what he or others suc● as he , have defrauded by the arts of Law , and whom their own unfaithfulness made safe , I have much ado to hold by ingenuity and confidence . How may it be , because I distrusted not your Majesty , or because it returned in your power from whom I had it ? is it in danger to be broken or dismembred ? Let me hope that there is nothing which by favour may be excused , or by industry might have been avoided , that will fail me , where your Majesty is to determine . It is not I that thus put your Majesty in minde oportunely ; it is he that was your creature , it is Somerset with all your honours , and envious greatness , that is now in question . Kings themselves are protected from the breach of Law , by being favourites and Gods Anointed ; which gives your Majesty like privilege over yours as I took from Doctor Dun in his Sermon , that the goodness of God is not so much acknowledged by us in being our Creator , as in being our Redeemer , nor in that he hath chosen us , as that nothing can take us out of his hand : which in your Majesties remembrance let me challenge and hope for ; for the first accesses of favour , they may be ascribed unto ones own pleasing themselves ; but that appears to be for our sakes , and for our good , when the same forsakes not our civil desires . This Redemption I crave , not as to my own person , but with your benesits once given ; nor do I assume them very deep , for I have voluntarily departed from the hopes of my Pension , Place , Office ; I onely cleave to that , which is so little as that it will suffer no paring or diminution . And as in my former Letters , so by this , I humbly crave of your Majesty , not to let the practices of Court , work upon your Son the Prince ; not fearing the sufferance of my loss in that particular , so much ( for I cannot lose it , but willingly all with it ) as for to take off the stage , that which in the attempt may prove inconvenient . And consider , I pray your Majesty , that my hope in desiring to pass these bad times , was to be restored to my fortunes ; others are made unhappy by me , if otherwise ; and then I lose my end : I speak of impairing , of changing , or supplying , as of any other way , all such alterations and ruine are alike , without I be worthy of your gift , and that I can be worthy of all , that Law can permit you to give , or cast upon your Majesty by a more nearer Title , as it doth by this ; I shall account them equal evils , that leave nothing , or a patched and proportioned one , changed , or translated from one thing to another . But if your Majesty have any respects to move you , to suspend your good towards me , let that which is mine rest in your own hands , till that you finde all opposite humours conformed to your purpose . I have done wrong to my self , thus to entertain such a doubt of your Majesty ; but the unrelenting of adversaries , which when you will have them , will sooner alter , and that all this while , I have received nothing of present notice for direction , or to comfort me from your Majesty , hath made me to expostulate with my self thus hardly ; for God is my . Iudg , Sir , I can never be worthy to be , if I have these marks put upon me of a Traitor , as that tumbling and disordering of that estate , would declare the divorce from your presence , laies too much upon me ; and this would upon both . I will say no further , neither in that , which your Majesty doubted my aptness to fall into ; for my cause nor my confidence is not in that distress , as for to use that mean of intercession , nor of any thing besides , but to remember your Majesty , that I am the workmanship of your hands , and bear your stamp deeply imprinted in all the characters of favour ; that I was the first Plant ingrafted by your Majesties hand in this place ; therefore not to be unrootod by the same hand , lest it should taint all the same kinde , with the touch of that fatalness : and that I was even the Son of a Father , whose Services are registred in the first Honours and impressions I took of your Majesties favour , and laid there as a Foundation-stone of that building . These , and your Majesties goodness , for to receive them , is that I rely upon ; praying for your Majesties prosperity . I am in all humbleness , Your Majesties loyal Servant and Creature , R. Somerset . I should not trouble you with the Marriage of the Lady Arabella Stuart and Sir William St : Maure or Seymer , both of kin to the Crown , she by the Earl of Lenox in Scotland , ( as I have before said 1577. ) and he Grandchilde to the third Son and the Heir of the Earl of Hartford , created by Henry 8. whose Sister he married 1537. and by Edward 6. made Duke of Somerset , and his Protector , who stiled himself , [ Edward by the grace of God Duke of Somerset , Earl of Hartford , Viscount Beauchamp , Lord Seymer , Uncle to the Kings Highness of England , Governour of the Kings Person , Protector of all his Realms , Dominions and Subjects , Lieutenant General of his Majesties Armies both by Sea and Land , Lord high Treasurer , and Earl Marshal of England , Governour of the Isles of Gernsey and Jersey , and Knight of the most honourable Order of the Garter , and bears Gules , two Wings conjoyned in Fess Or. ] Yet all these Honours rather helped him forwards to hop headless for Felony . His third Son Edward was restored to the Earldom I Eliz. and this William his Heir . And thus near the Crown , in all Sovereignties are needfull to be narrowly lookt into for Marriage . Queen Elizabeth did so , at a farther distance of danger , and her Father made it Treason in his time ; I say , I should forbear more mention , but that our Detractor begins at her Death in the Tower , ( where she was imprisoned , though her Husband escaped ) and says , [ That it set mens tongues and fears a work , that she went the same way . ] having almost in his last words before , told the story of Overbury impoysoned in the Tower , by which he now enforces belief , [ That her Death was so done for the Kings interest ] when in truth she died a year before , in September 1615. There happened occasion : at Common Pleas to dispute the Kings power in Commendams . The Church being void , and in his gift , whether he might give a Commendam to a Bishop ( either before or after his Consecration ) during life or for years ? It was argued by Serjeant Chibborn against the King , That the translation of Bishops was against the Common Law , his Text was the Canons of the Council of Sardis . That the King had no power to grant Commendams , but necessitate . That there would be no necessity , because no need of augmentation of Livings . No man being bound to be more hospitable than his means afforded . And much more argument tending to overthrow the Kings Prerogative in cases of Commendams . This case was to be farther argued in the Kings absence by all the Judges , which he thought to protract , untill they consulted with him ; and so commanded his Attourney General to signifie by Letters his pleasure to all the Judges . The Judges notwithstanding , at the day argue the Case , and return answer by Letter to the King , That they held those Letters to be contrary to Law , and such as they could not obey by Oath , and therefore had proceeded at the day appointed , setting down the Case to be upon construction of two Acts of Parliament , 25 Edward 3. and of 25 Henry 8. and now between Subjects for private interest and Inheritance . That their Oath is , That in case any Letter come to them contrary to Law , they are not to obey them , but to proceed to Iustice. And so they did the last Term , 27. April , 1616. The Judges subsign , Cook , Hobert , Tansield , Warburton , Sn●g , Altham , Bromley , Crook , Winch , Dodderidg , Nicols and Houghton . The King returns them answer by Letter , Reporting himself to their own knowledg , his princely care for justice to be duly administred to his Subjects with all expedition , and how far he was from crossing or delaying the interests of private persons . But on the other side , where the case concerned the high Powers and Prerogatives of his Crown , he would not indure to have them wounded through the sides of a private person ; admonishing them of an ordinary custome lately entertained , boldly to dispute the high points of his prerogative in a popular and unlawful way of Argument , not heretofore usual . Making them senceable , how weak and impertinent the pretence of their Oath was in a case of this nature ; as if the Founders of their Oath , His Predcessors , were so intent in their zeal to be uncharitable to make a weapon to wound their Successors , being an ordinary course to put off Hearings and Determinings , amongst private persons Termly . And commands them peremptorily not to proceed further in that Plea , till his return to London ; there to receive his further pleasure by himself ; Your Oath being only for avoiding importunites to the Prince of Suiters in their own particular . The King come to London , convenes them all to the Council Table ; and himself takes in sunder the parts of the Iudges Letter , and their Errours in proceeding ; both in matter and manner . In matter , by way of omission , as commission . When the Counseller shall presume to argue his Supremacy at the Bar , and they not reprove his Insolency . Himself observing since his comming to this Grown , the popular Sort of Lawyers most affrontingly in all Parliaments have troden upon his Pre●ogative ; though neither Law nor Lawyer can be respected , if the King be not reverenced ; And therefore it became the Iudges to bridle their impudencies in their several Benches ; especially the Courts of Common-Law , who had incroached upon all other Courts , High Commission , Councils in Wales , and at York , and Courts of Requests . For the Commission in Matter , whereas their Letter excepted against his Majesties command to be against the Law , and their Oath . He tells them , deferring upon just and necessary cause is not denying or delaying of Instice , but rather wisdom and maturity . Nothing more proper than to cousult with the King where it concerns the Crown . As for the Manner ; The Kings absence before the Argument , and yet his resolved return speedily ; and the case , though lately argued could not receive Iudgement till Easter . Term after , as the Iudges confessed . And for them to say , that the case was private interest of party and party ; One of the Parties is a Bishop , that pleads for the Commendam onely by vertue of his Majesties Prerogative . And that they could not prove any Solicitation of either Parties for expedition . And for the form of the Letter , it was undecent ; besides to proceed , and to return a bare Certificate , without giving reasons therefore Upon this all the Iudges fell down on their knees , acknowledging their Errour , and craving Pardon . But for the Matter , the Chief Iustice Cook entered into a Defence , That the stay by his Majesty , was a delay of Iustice , and therefore against Law and their Oath , that as they meant to handle the Pleading , it should not concern the King's Prerogative . To which the King told him , That for them to discern the concernment of his Prerogative without consult with him , was preposterous . And for those of Law and Oath , he had said sufficient before . Therefore he required the Lord Chancellour's opinion herein , whether against Law and their Oath ? The Chancellour excused himself as to that of Law , referring it to the opinion of the King's Council ; whereupon the Atturney General Bacon said , That to put off the Day was no Delay of Justice , nor endangered their Oath ; for the King's Reasons were onely , that it concerned his Prerogative , and required therefore a stay for a small time ; and advised the Judges , whether this refusal of their did not rather endanger their Oath ; which was , To counsel the King when they are called : but to counsel after the matter is past , was a simple refusal to give him Counsel at all . And all the rest of the Council concluded with him . The Chief Justice Cook excepted , That the King's Council should plead against the Iudges ; being their duties to plead before them , not against them . Whereunto the Attourney replied , That the King's Council were by Oath and Office , not onely to plead , proceed , and declare against the greatest Subject , but also against any body of Subjects or persons , nay , were they Iudges or Courts , or House of Commons in Parliament ; and concluded , That the Iudges challenge was a wrong to their Places , and appealed to the King , who was firm for them . The Chief Justice replied , He would not dispute it with his Majesty . The King replied , Nor with my Council . So then whether you do well or ill , it may not be disputed . The Chancellour gave his opinion with the King , and his Council . Hereupon the positive Question was put by all the Lords , Whether in a Case depending , which the King might conceive himself concerned in power or profit , and requiring to consult with them they ought not to stay proceedings ? All the Judges submitted thereto , onely the Chief Justice excepted , saying , When that Case should be , then he would do his duty . But the Chief Justice of the Common Pleas said , For his part , He would always trust the justice of the King's command . But the Day drawing nigh , the next Saturday , for arguing the Commendams , the King desired the Judges to express , Whether they would then argue upon the Kings general power of granting Commendams , yea or no. They all concluded , Not to draw into doubt his power , but to insist upon the point of Lapse , which they conceived to be of a form different from former Commendams ; and concluded to correct the insolencies of bold arguing the Prerogative . Judge Doderidge concluded for the King , That the Church was void , and in his gift , and might give a Commendam to a Bishop , either before or after Consecration , during Life or years . The Judges being gone , the privy Council resolved that the Kings desire was not against the Judges Oath , nor against the Common Law to require ; and all of them subscribed to the same . This Dispute was publiquely scanned and censured in favour of the Judges , and on the contrary for the King , but the truth I have really extracted out of the Records of the Council Table ; That you may thereby see the true scope of those times . The State of Spain having little to do in Martial affairs ; K. Philip the third , now in peace , thought to spend some time in Treati●s , wherin he seldom failed of advantage . The late French King Henry the fourth , had 3. daughters ; the one maried to the Duke of Savoy ; which the Spaniard misliking to have those Neighbours lately so great Enemies , now to be linkt in love without his Interest , conceived it good policy to indeer the young King Lewis of France in a cross Match , to his Daughter Infanta Anna , and to marry his son Philip to the Princess Elizabeth ; the second daughter of Henry the fourth . And thus those cross Nuptials might seem to cement the affections of the three States , lately so imbroyled in War , which no doubt either of them had good cause to accept ; though it was said S. P. Q. R. Spain , Pope , Queen-Regent had the chief hand , to undo the young King. For the Father Henry the fourth , had made Wars upon the Duke of Savoy to recover the Marquisate of Saluses , and this King of Spain under colour to aid the Duke ( his Brother in Law ) sent him Horse and foot of Spaniards . But the peace concluded , by exchange of Saluses , with the Countries of Bresse and Gex ; the Spanish Auxilliaries , being muzled in warm quarters , at Carboniers , Montemellion , Savillau , and Pignorell ( the best places of Savoy , and Piedmont ) would not budge ; no! though the Duke begg'd of them to be gone ; but were absolutely commanded the contrary by Count Fuentes , Viceroy of Millain , and so staid , until that valiant Duke , in this danger very desperate , cut all their throats . Spain , in policy to revenge , pieces with France to disjoyn Savoy ; upon whom he had afterward many Treacherous Designs , as that Plot upon his Castle of Nice ( the Key of his Counties ) when his Spanish Gallies lay at Villa Franca to have seized all Savoys Issue . And as it was usual with Princes in Peace and Amitie , to congratulate Nuptialls ; The Lord Hay was looked upon , as the most proper for this Errand into France . In some measure , he had the Kings favour , his affection not at all . For Wise Kings know how to do the One , and yet hide the Other ; so mysticall things are Courts ; this makes many men misjudge , That the Kings friendships made every one a Favourite ; and by often changing their Persons , was therefore held inconstant in his passions . This Lord , born a Gentleman in Scotland by his bearing of Cote - Arms , Argent three Escocheons Gules ; Supported two countrie Swains , armed Plough Trails , The crest , a Dove volant proper . His story was ; that his Ancestors at Plough with those Instruments their Geer , slew Malton an High-land Rebel , and discomfited his Train ; for which service , had so much Land , ( barren Rocks ) as a Pigeon , cast off the fist , flew over , till she rested . And all this great purchase could not keep him from seeking livelyhood in France ; where he was bred no other than a Gens d' Arms unto Henrie the fourth , but quitted that service in hopes of better preferment of his own Sovereign . And over he comes to meet the King at his entrance into England , upon recommendation of the French Lieger in Scotland , who continued so here ; and presented Haies upon former knowledge in France . This , and his other good parts ( being well accomplished ) hastened him higher in esteem , than others of his Countrey , whose neerer attendance had merited more . But , to boot , he sought out a good Heir ( Gup my Ladie Dorothy ) sole Daughter to the Lord Dennie , and to fit him forward , after Knighthood he had honour ; and was made a Lord , for reasonable riches his wife brought with her . In grateful acknowledge of his first preferment , he feasted the former Embassadour ( being lately returned extraordinary to this King ) wherein he exceeded the limits of an Entertainment which for that time was excused , as a grateful Ceremony of a large Dinner . The Scots were never very eminent with neighbour Nations , what credit they had , came by the French to keep ballance with Them and England ; the increase might heretofore be hoped for , when the union of these Crowns , should afford the means to set them forth . And it wat prudential in the King to pick out one of his Own , to splendour that Nation in our way of Peace and Courtship ; especially , when all was done at the Masters cost . For Haies was ever reasonable poor , unless by repute of his first Match , which was not much while her Father lived ; and by his last , he had less ; the great spirit of Peircie Earl of Northumberland , though a Prisoner then in the Tower , disdaining the Mariage , denied her a Groat to a beggerlie Scot , as he called him . This first Embassie was for no other end , than to congratulate ; for certainly he had no Commission nor Credential to make scrutiny for matching our Prince with the other Sister , she being then too young , and overtures were then thought on with Spain , and so it was advertised from Sir Dudley Charlton , Ambassadour at the Hague , that there was a fame spread of such as desire to weaken the Kings correspondence with that State , That his Majestie was on neer terms of matching our Prince with Spain , and by an Adviso out of Spain , That this match had been there debated in the Inquisition , and judged necessarie . And in truth the Lord Ross was sent Ambassadour thither ( partly for that purpose ) at this time also , upon the like errand , to give joy to that King , for the counter-match of his Son , and had his Instructions to feel the pulse of that Court concerning the same , ( for I waited on him neerer in his affairs , than any of his Train ) and both these Ambassadours sent away at the same time . It was remarkable how each of them strove for the prize to out-vy in the vanity of these Voyages ; the Baron to his utter undoing , having no other helps but his own , when the other had it from the Kings purse , and in truth , for this purpose to put down the English , as in that great Feast at Essex-House , and many his Masqueradoes afterwards at Court , for he medled not with the Tilt , as being no Swordman ; but in the other and such like , he never scaped to act his part . Amongst many others that accompanyed Haies Expedition , was Sir Henrie Rich , Knight of the Bath , and Baron of Kensington , afterwards Earl of Holland , natural son to the then Earl of Warwick ; He took his initiation of expence , from this journey , and continued the practice afterwards to the weakning of his ( long time ) unsettled fortunes , being forced through custom of the Court to follow the other in all his fashions ; and which infection , by after-custome , became his disease also , and almost ( not over-mastering ) yet over-shadowing his natural eminent parts , with which his inside was habited , and perspicuous to such as afterwards knew him . Thus much I had occasion to say heretofore , to which hath been exception ; as if I undertook him besides the Text , in a wanton pleasure of my own pen to blazon his memory with the foyl of his friend . Truly , it was not so ! by any unequal disparity to pride out the other : For , let me here take the freedom to speak more of him ; who from henceforth being received into publick , and comming in by his own endeavours to the place of Cap. of the Band of Yeomen of the Guard to the Kings person , a place of honour and profit ; and increasing with years and experience into some favour now , and afterwards in high grace and esteem with the succeeding Sovereign ; was yet ( I must confess ) in the fate of State and Court , circumvested now and then with some prejudice . And it may be uneasy for a stranger ( not for me ) to research with due distinction into the Actions of his whole life succeeding ( not to enliven him by a line ) whom envy heretofore , and now malice after his decease , have endeavoured to blemish more than his own former felicity did , or could any way corrupt . If we deduce him from his Cradle , we shall find him , as it were , begotten to an inheritance of true Nobleness and Courtlike grace , in more real splendour than others , that seemed to appear compatible with him , they being onely made so by hand . His life indeed was intricate , sometime struggling with the by-paths-of Sovereign-favour , and afterwards of State-affairs . Which at last ( and at worst ) infected him with the disease of the times , more malignant in his Counsellors , and other his Confidents , then in his own conscience or inclination ; and so drew him on by various disguises of subtilty , with the composition of his good nature , till the remain of his life was involved into Ingagements unstable ; the effects whereof smothered him in the uncouth deluge of destruction . I have no adverse aim or end , on either side of these two Lords to embase the freedom of my Opinion or Judgement , being tryed into some purity of truth by my own knowledge of the former . and of this other by more exact account , than by most men , or by any other pen may be expected . But I am not delighted to urge out this story of the Lord Haies , as not willing to speak evilly of any person of his Honour , unlike Our Adversaries that spare none ; For we should know that virtue and vice are inherent in Man. And as it becomes us to tell truth when we speak of their virtues , so with modesty and compassion to discover their vices . Either of them being examples for the future , that to imitate , this to shun . And I cannot but with compunction remind , that the monstrous excess of the Belly and the Back , by his first President , became then , the mode of those Times for great Persons ( the most part ) to follow , and for ordinary people to put in practice , even to this day , and may be feared , for ever hereafter . The Sword being sheathed up in the Scabberd , Peace and Plenty brought the Law into esteem , the onely over-ruling power to set men ( even ) by the ears , and make them the more quiet ever after . But then Cases increased so common , that Conscience was troubled to reconcile them , and made a Quarrel of Justice it self , between Sir Edward Cook Chief Justice of Law , and the Lord Elsmore Keeper of the Conscience , who had the better of the Cause , to the others ruine . The Case was thus : Sundry Citizens got Judgment in the Court of Common-Pleas by a juggling Trick , that staved off an opposite Witness ; the Plaintiff nevertheless exhibits his Bill in Chancery against the Defendants , who sit out Process of Contempt , and refusing to answer , are committed to the Fleet. And for their Relief exhibit their Bill in Star-chamber , against the Lord Chancellour Elsemore , grounded upon the Statute of 4 Henry 4 : ca. 23. That the Iudgment given in the Kings Court ●hall not be examined in Chancery , Parliament , or elsewhere , untill it be undone by Attaint or Errour , &c. and so thereby he had incurred Praemunire , and the Chief Justice Cook interposed , and encouraged the Complainants . The Chancellour acquaints the King , who sends to Bacon Attourney General , Sir Henry Montague , and Sir Randal Crue , Serjeants at Law , and Sir Henry Yelverton , Solicitor ; these men report back , That there hath been a strong current of practice and proceeding in Chancery after Iudgment at Common Law , and many times after Execution , continued since Henry the Seventh's time to this day , in Cases where there is no other Remedy at Common Law ; unto which the Iudges are peremptorily sworn . And with this Sentence on Elsmore's side , the aged Statesman leaves the Seat of deciding , and sits down himself to his devotions , leaving the Seal to be born by Bacon . But the manner of the dispose is mis-told by the Pamphlet , [ who makes it the Chancellour's heart-break to be rid of the charge ] when in ttuth , the Term come , and Elsmore sick , the King sent for the Seal , by Secretary Winwood , with a gracious Message ; That himself would be his Deputy , and not dispose it whilest Elsmore lived to bear the Title of Chancellour , nor did any one receive it out of the King's sight till he was dead , nor long after . And because we may be assured of the Kings gratious favour to that grave Chancelour , see what he saies to him in two Letters following , writ every word with the Kings own hand . My Lord , These shall first congratulate and thank God with you , for your recoverie , and growing to health again , for which I protest to God I praied everie Morn and Eve , since you was at the worst , as oft as I praied for mie self . And next you shall be herebie informed , how senseable I am of that disgrace offered to that Court of mine wherein you sit , especially at a time so unseasonable ; It cannot but be a comfort to you to know , how every Man censured the pertiallity and barbarity of that action ; and for my part , you maie assure your self it shall onelie be in your default of not informing me if I do not upon this occasion free my self from fascherie of any such inconvenients hereafter , I mean of such jarring betwixt my Courts of Iustice ; for I will whollie upon your information and advice , what course to take in the handling of this business , assuring my self , that your conscience and care for my honour and service , will set me in a course , for making such an example in this case , as may settle good Government in like Cases hereafter ; and so I bid you heartilie farewell . Febr. 25. 1615. New-market . James Rex . Thus the King writes then ; and continued unto this grave Statesman such gracious Favours and esteem to the last of his daies , for a twelvemonth after this letter , and not long before his death , he writes again . To the Right Trusty and Right Well-beloved Our Chancelour of England . My Lord , The Letter I wrote the last year from this same Town unto you , proved so good a Cordial for your health , as I am thereby incouraged to do the like at this time ; and as I both hope and praie for with the like success ; I cannot but be eztremelie sorrie for your want of health ; but I confess I am more sorry for the evil conceit you have of your own strength , which makes me the more to presume upon the good Operation of this Physick of mine , since , I am sure it can work more upon your mind than anie other worldlie thing . The Greatness , of your place , and the abilitie which God hath given you to discharge it , to the honour of God , and the great benefit of the Common-wealth , is a cause sufficient to stir you up to be careful of your own health , and even to fight against disease as far as you can ; but when you shall remember how evil I maie want you , and what miss your Master shall have of you , I hope that reason will be predominant to make you not strive , but conquer your disease , not for your own sake but for his ; of whom you maie promise your self as much love and heartie affection as might be expected from so thankful and kind a Master , to so honest and worthily deserving a Servant ; and so praiing God to bless this mie cure , I bid you heartilie farewell . Febr. 9. 1616. New-market . James Rex . Hereupon there was some appearance of his amendment , which the Prince congratulates under his own hand . My Lord Chancelour , As I was verie sorrie , having understood of your dangerous sickness , so I do much rejoice of the good appearance of your recovery , which Thomas Murrey hath declared unto me , and of the affection and caee you have of my person and of mie Estate , for which you and yours shall ever find me most willing to give testimonie to the World , how much I respect those who are truly affected towards me . I hope bie Gods grace to give you particular bie mie self , and that God shall give you health and strength of bodie and mind , that the King , Queen , and I , with this whole Kingdom : may long enjoie the fruit of your long , wise and religious experience , which wishing from my heart , I end New-market , Febr. 18. 1616. Yours , Charles Pr. These being the last Letters , and thus assured of the acknowledgement of his Masters favour toward his merit , he takes leave of this Life the fifteenth of March following , 14. of Iac. 1616. The Common-pleas , or Comunia Placita , is the Kings Court , or Bancus Communis , Anno 2. Edw. 3. cap. II. so called , Quia Communia Placita inter subditos , or controversies between common persons , it was now held in Westminster - Hall. But in antient times moveable , as appears by Magna Charta cap. II. And that upon grant of that Charter , the Court of common-pleas was erected and settled , and one place certain , viz. at Westminster , wheresoever the King lay , and that after that time all the Writs ran , Quod sit coram Iusticiariis meis apud Westmonast . Whereas before , the party was commanded by them to appear , Coram me vel Iustitiaris meis , simply without addition of place ; see Glanvile and Bracton , the one writing in Henrie the seconds time , before this Court was erected ; the other in Henrie the thirds time , who erected this Court. All Civil causes , real and personal are ( or were in former times ) in this Court according to the strickt Law of this Realm . And by Fortescue cap. 50. it seemeth to have been the only Court for real causes . The chief Judge thereof is called , Lord Chief Iustice of the Common-pleas , accompanied with three or four Assistants or Associates , who are created by Letters pattents from the King , and are installed ( as it were ) upon the Bench by the Lord Chancelour , and Lord Chief Iustice of that Court. See Fortescue ca. 51. who sets down all the Circumstances of their admission . The rest of the Officers are these ; the Custos Brevium , three Proto-Notaries , or principal Notaries , called also Pregnotaries ; Chirographer , Filazers in number fourteen , Exigenters four ; Clerk of the Warrants , Clerk of the Iuries , or Iurata Writs , Clerk of the Treasury , Clerk of the Kings Silver ; Clerk of the Essoines ; Clerk of the Out-laws . The Common Law is so antient , we know not the commencement ; Lex Angliae peculiar onely to this Land. Of long time following the Conquest , ever more quarrelled for enjoyment of antient Liberties ; until Henrie the third allowed English men English Laws , add in his ninth year granted the great Charter , which himself infringed , and thereupon followed fourty years Barons Warrs ( as Histories stile them ) until in his fifty two year , that Charter was again reviewed and compiled , and solemnly sworn unto by succeeding Sovereigns . The ground of which binds the King per Legem terrae , and what is this Lexterrae ? Leges Anglicanae fuerunt approbatae consensu utentium & Sacramento Regum confirmatae . Lex facit Regem ; attribuat igitur Rex legi , quod Lex attribuit ei , viz. dominationem & potestatem ; ubi non Lex , ibi non Rex . So then Lex fecit Regem . Not so neither ; Kings in England before Lawes ; but indeed Communis Consuetudo Regni fuit Lex terrae . This being the Law without commencement ; as the Genius to all , and Parliaments Statutes , Prerogatives of Princes , Customes of Counties , Cities , Burroughs , Mannors , are but the species of it . For general Customs made the Law , authorities Parliaments , Limits Prerogatives and Customes , consonant or disonant to Reason ; so much for Communis Lex . But in practice ( say some ) the Chancery is above Law , and yet duely examined , that also is allowed per Legen terrae , as a species of that . The reason thus . The Common Law grounded upon general Maxims , they might be too severe , or too relax ; and therefore necessarily requiring Equity , Secundum aequum & bonum , & sanam cons●ientiam . And this Chancelour notwithstanding limitted by Law and erected by Law , although it seems above Law. For No Judge hath Jurisdiction without some grant or commission out of that Court under the Great Seal , which is intrusted to the Chancelor . No Judge can hold plea without an Original Writ framed in Chancerie , and by his appointment returnable before the Judges , and yet all these considered , the King , the Law , the Chancery agree together . The Chancerie then must needs be erected ( subsequent ) by the common Law , to relieve and supply the Law in some cases , where the simple subject was cosened by craft ; ignorance , also may offend , without malice . Moses Law , in divers cases Political and Ceremonial , he could not decide ( uncleanness by touching the dead ) but referred it to God. The name of this Officer is , Dominus Cancelarius Angliae , a a Cancelour ; do but then quere what he might cancel ? Some say it is , Cancelare Iniquom legem comm●nnem , Iudicare secundum conscientiam ; but this is an errour ; will the Law give power to deface her self that made it ? The Chancelour cannot stay the course of Law , but onely injunct the person not to follow the Law ; not to cancel the Law ; for notwithstanding this injunction , if the party will sit out contempt , and proceed at common Law , the Judges cannot deny him . Indeed rhis Officer hath his name of canceling the Kings Letters pattents , so much of honour to the Law , as the other way had been dishonourable . The nature of Letters pattents bind the King and his Successors , and all Subjects , though unfit or unjust ; the Judges of Law are co judge it void , but cannot deface it nor the Seal , but the Chancelour , as a Judge of Law may , ( but not by his absolute authority ) by his ordinary power and course of common Law , is to judge of it , and to hold plea of it , and to call the party interessed by process of Law , and so to repeal it by Judgement ; and then cancel it : which no person can do but And this was done , Transversa linea circumducere vel conscindere aliquod Edictum decretum contra Principem , aut jus Reipublicae impetrari ; which cancelling is made with Lines drawn across like Latices , and it is said that Judgement seats were of old compassed with Latices , or Barrs cross waies , to defend the Judges and Officers from the prease of people , and yet not to hinder their view . Chancells were so divided from the body of the Church , and thereupon so called . And the Lord Chancelour and Lord Keeper have one power , by Stat. anno 5. Eliz. So then you see how , and for what he hath his name . And though his Authority be highest , yet it is given to him by the Law , and proceedeth in course of Law , not according to conscience , but Law. That all Justice runs from the Supreme power ; so by the Chancelour to all Jurisdiction . A man complains of wrong or sues for right in Chancery ; from which Bill of complaint issues a precept commanding the Defendent to appear at a Day ; So then a man may not be sued before he have a Writ or Breve from the Chancelour , a singular regard to the meanest . The very Writs of Chancerie are prescribed by Law , and a form registred in Chancery , and if not accordingly issued out , the Judges will reject them , called in Law , Abating of the Writ . His Authority to judge , is of two sorts , by common Law , or Positive Law , Potentia Ordinata , Processe , pleading judgement . Potentia Absoluta ; by Processe according to the Law of Nature , viz. to send for the party , to answer upon Oath ; to examine , if he will not answer , yet the Chancelour cannot condemn him in the cause for obstinacy . Potentia Ordinata , mispleading on either part , may mar the matter , and the judgement must be according to Law , however the Equity of the case fall out . But if the pleading be by Absolute Power , though the party misplead , if the matter be good , the Iudgement must be by equity , and not as the pleading , be either formal good or bad , or as the law will in the case . The Question followes , whether , that conscience whereby the Chancelour be simpliciter ; and to be simplex conscientia , or Regulata ? Viz. To be ordered by course of Court , former Presidents ? and if no Presidents ; whether Reason in codem respectu , may take cognisance of the cause ? viz. A rich Father to suffer an honest son to beg ; or a rich son contrario ? the Chancelour cannot ? Hereupon we may conclude that his Authority judicial , both Ordinata , and Absoluta Potestas , are limitted by the Law of the Land. For in the Ordinary he is tyed to the strict rule of Law , and by the Absolute , he is ruled ( though not by the course of law ) yet he is to deal per regulatam conscientiam , but in any case not to contradict what Law hath allowed . But to conclude ; his Absoluta Potestas , by what means he should find out truth . Truly it is without limitation , only to be referred to his own Gifts , and the grace of God that gives Wisdom . Sir Francis Bacon succeeded Elsemere Lord Chancelour , though a wonder to some [ so mean a Man to so much preferment ] he was then Atturney General , and as others by that placc , and in the usual way of preferment ( time beyond memory ) come to high Office of Indicature , either there , or to other Benches ; and so did he . But his Mis-deeds afterwards turned him out of all , and he dyed poor and private . See Anno 1621. And as his Genesis of preferment came to the chair of State , so the Exodus of the Treasurer Suffolk in his Office , brought him to the Star-Chamber , and the Glory of the new Chancelour , Chair-man there , to sit in censure upon him , and so to set out himself in his Matchless Eloquence ; which he did then by Sentence , as the Mouth of the Court ; as all others had done ; Their abilities affording them several waies and manners in that Court more particular , as their Qualities concern them to distinguish . So here also the Chief Iustice Cook newly revived from the sad condition of former disgrace for his too narrow inquisition upon the faults and fall of Somerset . He now finding the Fate of Court-policy final in this Lord , and his malice at Liberty to speak what he list ; Parrallels this Lords Crimes with other such corrupt Treasurers , raking Presidents of all former Predecessors . Even from Randolphus de Britton ; who was sentenced to lose all lands and goods , but was restored to him , and fined 3000. 1. for misusing K. H. 3. Treasure . Such another was Treasurer of Ireland , Petrus de Rivallis , and of great command also , high Chamberlain of England to Edw. 1. his Offences were Bribes , of all men , poor and rich ; Religiosis quam de Laicis , fined and ransomed . So did the Abbot and Moncks at Westminster , took out of that Kings Treasury there , ad inestimabile Damnum Regis & Regni ; For which these privileged pretenders could not be exempt from Tryal , and the Temporalities of the Abby seized for satisfaction ; till which time of payment they suffered Imprisonment . Nay , Walter de Langton Bishop of Coventry and Lichfield scapes not Edw. 2. This Treasurer took bribes then , though small , but a hundred pound of the Earl of Monteallo , ut amicus in agendis negotiis versus dominum Regem ; lets him escape Prison to do his bu●inesse ; and given of free Will , and ex curialitate sua ; yet in those dayes it amounted to Extortion . But he had Additionalls , having indicted Iohn de Eugam of Tresgass , for the Mannor of Fisby , to which the King had title , and imprisoned him ; and when another Mannor was conveyed to the Bishop for Courtesies done , diversas curialitates , Eugam was set at liberty ; but it seems the Bishops plea would not serve his turn , That the King would rather punish by Imprisonment , than fine . And those good times accounted it Bribery . Again , the Bayliff of Oxford was committed for arrears of one hundred pound in his accompt ▪ and the Mannor of Calcat conveyed to the Bishop for satisfaction , yet because he was of pure Devotion discharged by the Bishop , these cases all three were condemned of Extortion and Bribery , and the Bishop soundly paid for it , by his purse and imprisonment . In Edw. 3. He imprisoned William Lord Latimer with punishment and fine , being in Commission to pay off the Kings debts , he compounded for eighty per centum , and 30. for 40. by which saies the Record , he turned it upon the King to be a Bankrupt Compounder . So did the Baron Nevil bought the Kings debts of the Army , and though he pleaded that they forgave him the Remainder freely , yet was he fined . Such like as these were brought Examples to raise the Offence of this Lord Treasurer ; of himself as of high birth , so most Noble , and without doubt disdaining to commit base crimes ; but whether the guilt of Sir Iohn Dingly , one of the Tellers in Exchequer , an intimate Servant to the Secrecies of Suffolks Countess ; or some necessity to make bold to borrow such sums as his Fabrick Awdle-End had need of ; Or the vain and monstrous expence heretofore of that family . All that could be ( besides the necessity of Court-Fate ) cast in his dish , was the imbezeling the monies lately paid by the States of the Netherlands for redemption of the cautionary Towns Flushing and Bril ; and he fined thirty thousand pounds , and Dingly two thousand pounds , the Man deserving to pay for all , it being of his designing . But the Treasurer was from thenceforth for some time trusted to Commissioners . At Midsummer after the King comes to Star-Chamber , then intending to settle his homea-ffairs , for his resolved journey into Scotland , which began the next Spring , and therefore now the more to exalt the Seat of Iustice , of which this Court was most eminent ; he discharges his duty to God and his people in a most excellent Discourse , the character of his inward inclination to Iustice and Piety . His MAIESTIES SPEECH at his first comming to the Star-Chamber . He begins with Scripture . Give thy Iudgements to the King , O God , and thy righteousness to the Kings Son ; the literal sense upon the Prophet David , and his Son Solomon , godly and wise ; the mystical sense upon God and Christ his eternal Son , just and righteous ; from which imitation all Governments , especially Monarchies , have been established . Kings are properly Iudges , and sit in the Throne of God , and thence all Iudgement is derived , from the King to his Magistrates , not to them Privative but Cumulative . So the Council of Jethro to Moses , the Iudges were deputed for easier questions , the more profound left to Moses . So , all Christian Kings govern ; whereby appears the neer Conjunction , God and the King upwards , the King and his Iudges downward ; the King to settle the Law of God , and his Iudges , to interprete the Law of the King. Thus a Jove principium , he comes to his Errand ; I. Why he came not to speak here in fourteen , years as his Predicessors have done often , especially Henry 7. from whom the King is descended doubly to this Crown , and so desires to follow him , in his best actions ? 2. Why he comes now ? For the first , Though he had been an old King , when he came hither , and well practised to Government , from twelve years of age , yet here he resolved with Pythagoras to keep silence for seven years . That Apprenticeship ended ; the Impediment was the choice of some worthy Cause , betwixt King and some Subject , or Subject and Subject . The one might seem partial as for himself , the other oblique in favour of a party . But twice seven years his whole Reign here brings him openly to speak now publickly , concerning the reformation of Iudicature in Westminster-Hall , which heretofore he had in part delivered in private occasions . Dividing his Charge , 1. To himself ; 2. To the Judges ; 3. To the Auditory . First , He protests that as Confirmation follows Baptism , so now he renews his Oath of Coronation , in Justice and Law , the common Law of the Land. He never pressed to alter , but ( as in the union of his person ) so he eudeavoured it real , to conform Scotland to England , not this to that , anent the prophecy of his Grandfather , Henry 7. That the lesser Kingdom by marriage would follow the greater , not the greater the less ; and therefore married his eldest Daughter Margaret to James the fourth , the Kings great Grandfather . And so blames that nice opinion , that the Union of Great Brittain would alter our Laws , which he ever declined , as a Maxim in matters of State and Policy , Innovation and alteration makes it worse ; that he was sworn to these Laws , and to alter them had been perjury in him , Iustice may be moderated by him with mercy , but in matters of Iustice he will be blind to partiality : to hasten Iustice , never to delay . He distinguishes the Law ; The Inheritance of King and Subject to be determined by the Common Law , set down by our Forefathers , and expounded by learned men in their Comments , and called Responsa Prudentum , or by Statute-Law , and this is Law of Inheritance . The other Law , Gods Law , governs all , Common and Municipalls as Dependents ; and he complains of the neglect of Divine Laws , and disrespect to the Ministers of the Church , which is the most pure , and neerest the primitive and Apostolical Church in doctrine and discipline of any in Christendome . Next to this is the Civil Law ( the Law of Nations ) It satisfies strangers , and his own subjects in matters of Pyracy , Mariage , Wills , which Law he divides , Civil and Canon , and complains of the contempt upon it , and concludes his own charge , to maintain so to purge it from two corruptions . Incertainty and Novelty to cleer it to the people by advice of Iudges , and to purge it of Niceties introduced by Iudges themselves . And so as the Pastor takes the Sacrament himself , and then distributes , so he to them , least it be said , Turpe est Doctori , cum culpa redarguit ipsum . The charge to the Iudges consists of three parts , To do Iustice , Generally ; Indifferently , Fearfully . Generally , uprightly as to answer God , and the King aud punishment from either . Indifferently to all parties , King and Subject , Subject and Subject , without delay partiallity , clean and uncorrupt . Fearfully , Not your own conceits , for you are no Law makers , but Interpreters . Jus dicere , not Jus dare . For you have no voice in Parliament but to advise . And though some Laws are obscure and may be better known to you by Books and Presidents , yet their interpretations must be subject to common sense and reason , Ratio est anima Legis , cleer Law , or solid Reason . But where the formality hath no place , as in Denmark , the State is governed by written Law , no Advocate or Proctor ; only the parties plead and the Law is read , and so sentence . He complains of our curious wits ; Various conceipts ; different actions ; and several examples which breed questions in Law. But if plain , it speaks it self , if otherwise ( as inventions abound ) they are to enterprete and draw a good Minor of natural Reason out of a Major of direct Law , and so will follow a true Conclusion ; though common Law be a Mystery , and your interpretation be not understood , yet by the reason of Logick and common sense , it will be false . And as they are Iudges and divided into Benches , so they must confer , debate , not single opinions , per emendata suffragia ; and thus in generall to their Office. And as to their Limits . First , Not to incroach upon Prerogatives of the Crown , deal not in difficult questions ere you consult with the King and Council , otherwise , is to wound the King through the sides of a Private person , and herein commends some of the Iudges , that of late rebuked and blunted the sharp edge , and vain popular honour of some Pleaders at the Bar for meddling therein . The mystery of the Kings power is not lawful to be disputed , which seems to wade into the weakness of Sovereigns ; diminishes the mystical reverence of them that sit in the Throne of God. Secondly , One Iudicature not to invade upon others , unsit and unlawful , and herein he inlarges himself . That besides Common-Law there are Courts of Requests , Admiralty , President and Council of Wales , of the North. High Commission , and every Bishops Court. These shall keep their limits and bounds , so the common Law shall not encroach upon them , nor they on that . In Westminster-Hall , four Courts ; Two Civil , Common-Pleas , and Exchequer ; Two Criminal , Kings Bench , and Star-Chamber . The Common-pleas , is a Branch of the Kings Bench , being first in one Court , and after the Common-pleas being extracted , it was so called , as Pleas of private men . The other , the Exchequer for the Kings Revenue , the principal institution thereof , and their chief study ; and as other things come orderly thither so to administer justice . Keep you within compass , give me my right of private Prerogative , I shall acquiesce ; as for the Prerogative of the Crown , it is not for a Lawyers tongue , nor lawful to be disputed . It is Atheism to dispute what God can do , his revealed Will ought to content us , so is it contempt in a subject to dispute what a King can , or cannot do ; the Law is his revealed Will. The Kings Bench is the principal Court for Criminal causes , and in some respects it deals with Civil causes . The Chancery , a Court of Equity , and deals likewise in Civil . The Dispenser of the Kings Conscience , following the intention of Law and Iustice , not altering Law , nor e converso ; It exceeds all Courts , mixing Mercy with Iustice. Other Courts are onely for Law : and where the strictness of Law might undo a subject , there the Chancery tempers it with Equity , and preserves men from destruction . The Chancery is undependent of any other Court ; only under the King Teste me ipso ; from which no appeal , yet am I bound , so to maintain others , as this , not to suffer wrong . My Chancelour that now is , I found him Keeper of the Seal , the same in substance with the other stile . He is witness , my warrant was to him , to go on according to Presidents in time of best Kings , and most learned Chancellours . The duty of Iudges is , to punish such as deprave the Kings Courts , and therfore it was an inept Speech in Westminster-Hall , to say , that a Praemunire lay against the Court of Chancery , yet it should not be boundless , the King is to correct it , and none else , and therefore the King was abused in that attempt , and now commands that none presume to sue a praemunire against it . As all inundations are conceived Prodigious by Astrologers , so overflowings of the banks of Iurisdiction is inconvenient and Prodigious to the State ; Let there be a concordance and musical accord amongst you ; keep to your Presidents , authentick , not controverted , but approved by common usage of best Kings , and most learned Iudges . The Star-Chamber Court , hath been shaken of late , and last year had received a blow , if not prevented by a few voices . He descants on the name Star , a glorious creature , next in place to the Angels ; the Court glorious in substance , compounded of four sorts of persons . The first two , Privy Counsellors , and Judges ; wisd●m of State , learning in Law : The other two sorts , Peers and Bishops ; to give Greatness and Honour to the Court ; the other of Learning in Divinity , and the interest of the good Government of the Church . So divine and humane Laws , Experience and practice in Government , are conjoined in the proceedings of this Court. No Kingdom without a Court of Equity , either by it self , as in England , or mixed in their Office that are Iudges of the Law , as in Scotland , and here in England where the Law determines not cleerly , there the Chancery does , having equity , which belongs to no other Court ; punishing Attempts , other Courts only facts , and where the Law punishes facts lightly , as in Riots or Combates , the Star Chamber punishes in a higher degree , as in Combinations , Practises , Conspiracies : so being instituted for good , give it the more honour . Keep your Courts in harmony ; Iudges are Brethren , the Courts Sisters , the Muses : to differ breeds contempt to either , and disputes against each other , turns pleas from Court to Court in circular Motion , Ixions wheel ; the reason of Multitudes of Prohibitions , causes are scourged from Court to Court , like Tantalus fruit , neer the Suiters Lip , never to his Taste , a delay of Iustice makes causes endless . He tells them how he hath laboured to gather Articles , an Index expurgatorius of Novelties crept into the Law ; look to Plowdens Cases , and the old Responsa Prudentum , if you find it not there , then ( ab initio non fuit sic ) away withit . To the Auditory he hath but little to say ; As he hath confirmed his Resolution to maintain his Oath , the Law and Iustice of the Land. So he expects their duty in observance of the Law , and divides their submission into three parts . First , In general to give due reverence to the Law. This general he devides also into three ; Not to sue but upon just cause ; Be content with Iudgement to acquiesce as he will do , equal with the●●eanest Subject . Do not complain and importune the King against Iudgement . It is better to maintain an unjust D●cree , than to question every judgement after Sentence , as you come gaping for Iustice , be satisfyed with the Iudgement ; but in Bribes complain boldly ; if not true , from you expect Lex Talionis ; to accuse an upright Iudge deserves double punishment . Secondly , In your Pleas , pr●sume not against the Kings Prerogative or honour : if you do , the Iudges will punish you ; if they do not , I will them and you . Plead not new Puritanical strains ; to make all things popular , keep the antient limits of pleas . Thirdly , change not your Courts , as if to mistrust the justness of your cause , but submit where you begin . So he sums up all ; The charge to his Self , Iudges , and Auditory ; his excuse why he came not till now ; why now . And because of his custome to deliver a charge to the Iudges of circuits ; He tells them now also , As they are Iudges with him in that Court , so Iudges under him and his Substitutes in circuits ; Itinerant to his people ; a laudable custome to go to the people in their Counties , as they come up to them at Westminster-Hall . That you go to punish , as to prevent offences ; charge the Iustices of peace their duties , take an accompt of them , and report their Services to the King , for the King hath two offices , 1. To direct ; 2. To take an accompt from them to his Chancellour in writing , and so to him . Of these two parts , the Nisi prius is profit for them , and the other necessary for him , therefore as Christ said , Hoc agite , yet & illud non omittite , and commends the office of Iustice of peace of high honour and repute . They are of two sorts , good and bad ; the good he will reward and prefer , being as capable of his favour , as any about him whomsoever ; the farther off in distance of place , the more desert , and his providence must reach to the end of his limits ; the good are industrious ; the bad idle ; contemplative Iustices are of no use . And for the number , as many hands make light work , so too many make slight work . As to the charge , he will but repeat what he hath said heretofore , Lectio lecta placet , decies repetita placebit , anent Recusants and Papists , my greef when they increase ; there are three sorts of Recusants . The first , such as will not be themselves , but their wives and families shall be , and they shall appear at Church sometimes , inforced by Law , or for fashion ; these are formal to the Law , and false to God. The second sort are Recusants whose consciences are misled , and therefore refuse the Church , otherwise peaceable subjects . The third are practising Recusants ; they will force all persons under their power , and infect others , to be as they are Recusants ; these are men of Pride and Presumption . His opinion can bear with the person of a Papist so born and bred , but an apostate Papist h● hates , such deserve severe punishment . He is loth to hang a Priest for Religion and saying Mass , but if he refuse the Oath of Allegiance , which is meerly Civil , he leaves them to the Law , against whom it is no persecution , but Iustice ; and the like against those Priests that return from banishment ; such also as break Prison ; they can be no Martyrs that refuse to suffer for their conscience ; Saint Paul would not go forth , when the doors were open , and Saint Peter came not out , till led by the Angell of God. Then he concludes with the Ordinary charge against the numbers of Al●-houses ; too frequent buildings in and about London ; and also the extreme resort of the Gentry to the City ; bids them countenance the religious Clergy against all Papists and Puritans , and God and the King will reward their service . Let us remind Scotland , It was eight years since the Marquess of Hun●l●y had been excommunicate ; upon hopes from time to time of his conformity and reconcilement ; but increasing insolencies was lately committed , and as soon inlarged by the Chancelour ; underhand favouring too much the Papists . The Church complain hereof to the King , the Marquess posts to England to palliate his displeasure , but a Messenger meets him at Huntington with command to return him home to Justice . Yet here he staies , until he receives new authority to appear at Court , where he humbly submits and offers to communicate ; But being contrary to the Canons before absolution , a great debate followed , how to hazard him to the Church of Scotland , lest by the way , he should recant , and indeed , the King evermore endeavouring to rectifie his conscience , and to recover him to be a Proselyte . The adventure was thus pieced , the Bishop of Catnes now at Court , must consent in the name of the Scots Kirk , for the Arch-Bishop of Canterbury to absolve him , and the Form new devised so to do , in respect of the correspondency of that Church with England . The Scotish Church hears of this , and interprets that Act as an usurpation upon their Rites , which the King is fain to excuse in a long Letter to satisfie that curiosity ; and lest he should seem to take upon him to palliate so great a presumption of himself onely . The Arch-bishop also gave his Reasons in writing , without intrenching upon the independencies of so free , absolute , and intire Authority of Sc●tland . And withall , Huntley come home , must supplicate that Assembly , now convened at Aberdene , for their confirmation and his submission , which was solemnly performed . And because it was about the end of the General Assembly , we shall shut it up with inserting such Articles as may enlighten the Reader to the knowledg of the Kings elaborate care and wisdom , in reducing perverse Jurisdiction to this moderate issue , in conformity to the Discipline of the Church of England , by which we may conclude the evident signs and hopes of a full recovery in time from their peevish Hierarchy , which had been prosecuted in some measure , from the very time that this King took Government to himself , and brought it before his death to a semblable conformity with England , and might so have prospered to perfection , had not their and our sins since set a period to us both . 1. That for more reverence of the holy Communion , the same should be celebrated Kneeling , which always had been standing . 2. Not to be denied the Patient desperate sick in his Bed with three or four of religious conversation to communicate with him . 3. The Sacrament of Baptism not to be longer deferred , than the next Sunday after the Birth , and in necessity , in a private house by the Minister , and publication thereof the next Sunday in the Church . 4. That the inestimable benefits received from God , by our Lord Jesus Christ , his Birth , Passion , Resurrection , Ascension , and Sending down the Holy Ghost , having been commendably remembred at certain days and times by the whole Church of the world ; every Minister upon these days should therefore commemorate the said benefits upon those set days , and to make choice of several pertinent Texts of Scripture to frame his Doctrine and Exhortations thereto . And because Confirmation after Baptism stuck in their stomachs , and indeed the King was unsatisfied therein , terming it a meer Hotch-potch , and not clear to his apprehension . But yet thus much was concluded , That seeing the Act of Confirmation of Children is for their good Education most necessary , being reduced to the primitive integrity , the Minister shall catechize them after eight years old , to rehearse the Lords Prayer , the Belief and ten Commandments , with Answers to Questions in the small Catechism used in the Church . And that the Bishop in their Visitations shall bless them with Prayer for their increase of Grace and continuance of Gods heavenly gifts with them . So much was done indeed , and presented humbly to his Majesty , with some Reasons , why the same being novel to them , were not as yet inserted with the Canons , which the King did not then otherwise press , as resolving to effect his desire , at his coming personally into that Kingdom , when his presence should satisfie with Reasons all scrupulous aversion . About this time happened that difference in the Family of Sir Thomas Lake , one of the Secretaries of State , between his Wife and Daughter , and the Countess of Exeter , which involved him and his into ruine . This Lake was a learned Gentleman , brought up under Sir Fr : Walsingham , ( that subtil Secretary of State ) as Amanuensis to him . And after good experience of his deserts , was recommended to Queen Elizabeth , and read to her French and Latine , in which Tongues , she would say , that he surpassed her Secretaries , and was so imployed all her time , for he was reading ( as to quiet her spirits ) when the Countess of Warwick told him , that the Queen was departed . But not long before she received him Clerk of her Signet . And he was chosen by this State , in that Place , to attend King Iames , from Berwick . And so sufficient he was , that the King made use of his present service , in some French dispatches by the way that he came hither ; which indeed Secretary Cecil had reason to resent , as too much trenching on his Office. And therefore craveed leave of the King , that he might not attend , beyond his Moneth , to prejudice the other Clerks , which was excused , and he kept still at Court. These sufficiencies of his , enabled him in these times of gaining with much repute and direct honesty to purchace large possessions . And now the place of Secretary was joyned in two Principals , Sir Ralph Winwood and him , and so he continued with honourable esteem untill malice and revenge , two violent passions over-ruling the weaker sex , concerning his Wife and Daughter , involved him into their quarrel , the chief and onely cause of his ruine . He had by his Wife Sons and Daughters ; his eldest married unto Baron Rosse ( in right of a Grand-mother ) the Son of Thomas Earl of Exeter , by a former venter ; this Baron therefore and upon Lake's credit , was sent Ambassadour Extraordinary into Spain , Anno 1611. in a very gallant equipage , with hopes of his own to continue Lieger , to save charges of transmitting any other . In his absence , here fell out a a deadly feud , ( 't is no matter for what ) between the Lady Lake and her Daughters Step-mother the Countess of Exeter , which was particularly described in a Letter , and sent from England to me at Madrid in Spain , and because of my near relations in that Ambassie , I shewed the same to my Lord Ambassadour . A youthfull Widow this Countess had been and virtuous , the relict of Sir Thomas Smith Clerk of the Council , and Register of the Parliament ; and so she became Bed-fellow to this aged , gouty , diseased , but noble Earl , and that preferment had made her subject to envy and malice . Home comes the Lord Rosse from his Ambassie , when he fell into some neglect of his Wife and her kindred , upon refusing to increase allowance to her senttlement of Jointure , which was promised to be compleated at his Return . Not long he stays in England , but away he gets into Italy , turn'd a professed Roman Catholick , being cozened into that Religion here by his publick confident Gondamore . In this his last absence , never to return , the Mother and Daughter accuse the Countess of former incontinency with the Lord Rosse , whilest he was here , and that therefore upon his Wifes discovery , he was fled from hence and from her Marriage-bed , with other devised Calumnies , by several Designs and Contrivement , to have impoysoned the Mother and Daughter . This quarrel blazened at Court , to the Kings ear , who as privately as could be , singly examines each party . The Countess with tears and imprecations professes her innocency ; which to oppose , the Mother and Daughter counterfeit her hand to a whole sheet of paper ; wherein they make her with much contrition to acknowledg her self guilty , craves pardon for attempting to impoyson them , and desires friendship for ever with them all . The King gets fight of this , as in favour to them , and demands the time , place , and occasion , when this should be writ ? They tell him , that all the parties met in a Visit at Wimbleton , ( the Earl of Exeter's house ) where in dispute of their differences she confessed her guilt , desirous of absolution and friendship , consents to set down all under her own hand , which presently she writ at the Window , in the upper end of the great Chamber at Wimbleton , in presence of the Mother and Daughter , the Lord Rosse , and one Diego a Spaniard , his con●iding Servant . But now they being gone , and at Rome , the King forthwith sends Master Dendy ( one of his Serjeants at Arms , sometime a Domestick of the Earl of Exeter , an honest and worthy Gentleman ) post to Rome , who speedily returns with Rosse and Diego's hands , and other Testimonials , That all the said accusation , confession , suspitions and Papers concerning the Countess , were notorious false and scandalous , and confirm it by receiving their Eucharist , in assurance of her honour and his innocency . Besides several Letters of her hand , compared with this writing , concluded it counterfeit . Then the King tells the Mother and Daughter , that this writing being denied by her , their testimonies as parties would not prevail , without additional witness . They then adjoyn one Sarah Wharton their Chamberess , who they affirm , stood behinde the Hangings , at the entrance of the Room , and heard the Countess reade over what she had writ . And to this she swears before the King. But after a Hunting at New Park , the King entertained at Wimbleton , and in that Room , he observes the great distance from the Window to the lower end , and placing himself behinde the Hanging , ( and so other Lords in turn ) they could not hear a loud voice from the Window ; besides the Hangings wanted two foot of the ground , and might discover the Woman if hidden behinde . The King saying , Oaths cannot deceive my sight . And the Hangings had not been removed that Room in thirty years before . Nay , more than all these , the Mother and Daughter counterfeit a Confession in writing of one Luke Hotton , that for fourty pounds the Countess should hire him to poyson them , which man , with wonderfull providence was found out , and privately denies it to the King. And thus prepared , the King sends for Lake , whom in truth he valued , tells him the danger to imbarque himself in this quarrel , advising him to leave them to the Law , ( being ready for a Star-chamber business . ) He humbly thanked his Majesty , but could not refuse to be a Father and a Husband , and so puts his Name with theirs in a Cross●Bill , which at the Hearing took up five several Days , the King sitting in Iudgm●nt . But the former Testimonies and some private confessions of the Lady Rosse , and Sarah Wharton , which the King kept in secret , made the Cause for some Days of Triall , appear doubtfull to the Court , untill the Kings discovery , which co●cluded the Sentence , pronounced upon several Censures , Lake and his Lady fined ten thousand pounds to the King , five thousand pounds to the Countess , fifty pounds to Hutton , Sarah Wharton to be whipt at a Carts-tail about the streets , and to do Penance at St. Martin's Church . The Lady Rosse for confessing the truth and Plot , in the midst of the Trial , was pardoned by the most voices , from penal Sentence . The King ( I remember ) compar'd their Crimes to the first Plot of the first sin in Paradise , the Lady to the Serpent , her Daughter to Eve , and Sir Thomas to poor Adam , whole love to his Wife ( the old sin of our Father ) had beguiled him ; I am sure he paid for all , which as he told me , cost him thirty thousand pounds , the loss of his Master's favour , and Offices of honour and gain ; but truly , with much pity and compassion at Court , he being held an honest man. Discontent among the Roman Prelates put the Ach-bishop of Spalato , Mark Antonio de Dominis , to seek his peace against that Sea , by sundry overtures unto several Princes in Italy , and otherwhere , Spanish and French ; at last , he becomes tainted with some opinions heretical to them , which either he believed , or took up such Tenents for the present time , to prepare him a fitter Pros●lyte hereafter : and finding no safe footing from the fury of the Pope and Conclave , he steals over into England , and to please the King , pretends Conversion by his Majesties Works of Controversie , and quarrels with Bellarmine ; however , it was though fit to bid him welcome , and to prefer him to a Deanary of Windsor , and for better support , with the Mastership of the Savoy . This vext Count Gondomore , the Spanish Lieger , who intending to tempt him , ( as the Devil does his creatures ) with a bosom sin , that which they love , had intelligence of his innate disposition to avarice , with this he tampers afar off , and with leave of his Master , invites him to turn again , from this so mean allowance , and take preferment in the Conclave , to be Spain's Pensioner there , ( as almost all are ) with this assurance of the Cardinal's Cap , he was cozened into the Court of Inquisition , and so to the Gaol , where he ended his days with grief , and died a Protestant Professor , in malice to the Papist , or rather of no Religion . The late sudden Murther aforesaid of Henry 4. of France , left the Sovereignty to Lewis his Son , and his minority to be supported by his Mothers Regency , and she in miscarriage , through too much affection to her Favourite the Marques D' Ancre ( a mechanical Florentine , her Countreyman ) occasioned the Princes of the Bloud to seek their freedom by force , which lasted not long , after their several imprisonments ; for the quarrel rising high , and D' Ancre busied abroad , they plotted their business by a bold Captain of the Gens d' Arms , De Vitry , and effected upon Ancre's person with a single Pistol , at the instant , when he returned to the Pallace , the Loure in Paris , and his Corps had no other Balm for their Burial than his own bloud , being dragg'd about the City by the Peoples rage , till the dis-jointed limbs were left for Ravens . King Lewis was young , and engaged before in his Mothers quarrel , but this accident taking fire , as the Princes would have it , soon won their weak Sovereign on their party , and in policy perforce , he owned the Action , as the most convenient Iustice , for quieting the Differences , and so the Government taking hold on this occasion , turn'd to the other side , and had the better of the Queens Faction , she being afterwards led up and down the King's Army under oversight , as a Prisoner , but shew'd to the People as if reconciled to her Son , the chief Mover , having paid the account upon the execution of his person . This for the present , which lasted by fits , for some years , as her Faction took breath , untill that excellent Engeneer of State-policy , Cardinal Richelieu had put her into a jealousie of her own safety at home , and so opened a Gap , whereby ( as in stealth ) she might get loose out of the Kingdom : but Sovereigns leaving their Subjects are seldom sent for again , and after much turmoil and tampering with several States , and Italian tricks , she ended her days very poor in Germany in the City of Collen . And Richelieu succesfull in all his policies , settled that Nation to his death , in their due submission to Sovereignty , which broke out afterwards Anno 1652. into like examples of former miseries . The blessings of Peace and Plenty enthroning this King , resolved him for a leasurely Expedition into Scotland , in the opening of the last Spring , which was not performed this Summer season , partly to make good his promise , when he took leave of his native Countrey , to give them a Visit after some time of settlement in his new Inheritance . And in some policy it was hastened now , to be out of the way of address from the Emissaries of the French , ( that unstable State ) now in the height of diffension , whilest King Iames and his Court were thus refreshed , from affairs and business here , in as much prudence and splendour as the consideration of this Journey was necessary to the Design ; which our Historian ( with his Pasquil observations ) [ spends in ridiculous Riot . ] But it was indeed , by his presence , to warm those cold Countreys with the beams of Majesty , and with his precepts to warn that rebellious Nation of their feuds by example of their old French friends fresh miseries ; to settle the spirits of the factious Presbytery , in obedience to Episcopal Hierarchy ; to pass some Bills and Acts of Parliament ; to regulate the exacting powers of some Officers in trust ; to give grace to the humble , and content to all . And forthwith a Proclamation was advised in Scotland , and there published , of the Kings Solomon - like instinct , to visit that Kingdom , and therein gave them assurance , not to alter the Civil and Ecclesiastical Estate , but by reforming abuses in Church and Common-wealth , and advised them to all accommodations to bid him and his welcome . These directions were accompanied with others of State , and amongst them for repairing and orderly adorning his Chapel : and Officers sent out of England with necessaries , and some Portraits and Pictures of the Apostles carved , for the Pews and Stalls ; but the People exclame at such sights , That Images were to be set up ; The Organs were come before , and after comes Mass. The King was angry at their ignorance , and sent them word to distinguish betwixt Pictures intended for Ornament and Decoration , and Images erected for Worship and Adoration . Resembling such men to the Constable of Castile , who being to swear the Peace concluded with Spain , and to be performed in the Kings Chapel , where some Anthems were to be sung , desired , that Gods Name might not be used therein , otherwise , he would be content with any thing else . So the Scots Kirk can endure Dogs , Bears , and Bulls , nay , Devils dressings , to be figured in Churches , but not the Patriarchs nor Apostles . He come to Berwick in May , and there it was advised to prorogue the Parliament to Iune 13. which gave the King time to progress through the Countrey , making his entry in the special Burghs and Towns after the most magnificent manner , and welcomed with all the expressions of cost and glory , that ever that poor Nation had been put unto , that some effects might seem to make good the Scots Rants of their gude Countrey . And because it hath been since surmized that nothing was acted there , in order to the service of that Nation ; we shall trouble the Reader with some particulars . The King enters their Parliament , with Rules for establishing Religion and Iustice , and a regard to the Ministers of both ; for notwithstanding the many years Profession of Reformation , numbers of Churches remained unplanted , and those that were , wanted maintenance ; advising that Commissioners might regulate a local stipend to each Minister . He remembred them of his continual care and pains heretofore and since , for placing Iustices and Constables , to preserve the Peace , and execute Laws , which he said had been neglected by some , by the small regard shewed unto them from others of higher rank . But as he would have them know , such Officers to be of honourable esteem , so none could deserve better at his hands than those that countenanced them ; and those others , Enemies to the Crown and quiet of the Kingdom . That he had long endeavoured to civilize men from their barbarous customs , having made some progress , by remove of the persons , or by extinct of their Feuds , and in place thereof established Civility and Iustice , and to his lives end , he would never leave to do his best endeavours , untill he might say of Scotland , as one of the Emperours said of Rome , Inveni lateritiam , relinquo marmoream . Indeed the Countrey affords more of Stone than Tile-shard . They come to vote Commissioners upon the Articles of Religion , whom the King commends , they refuse ; and evermore Officers of State are suspected partial for the King , and therefore they admit but of three , the Chancellour , Treasurer , and Clerk of the Rolls . They begin with the chiefest Article , That what soever should be concluded by the King and the Bishops in matters of external policy , should be an Ecclesiastical Law. Not that the King was against the advice and assistance of a competent number of the grave and learned Ministers , but to be over-ruled ( said he ) as in your former General Assemblies , I shall never agree . The Bishops must rule the Ministers , and the King govern both in matters indifferent , and not repugnant to Gods Word , and so that Ariicle was formed and passe● . Hereupon the Ministers mutiny , that their Discipline should be formed to all the Ceremonies of England ; and Struthers in his next Sermon condemning all those Rites , prayed God to save Scotland from the same sin . And thus set on they frame a Protestation to the King in Parliament . First , against that Article , and therein if remedy be not provided , they shall be forced to other effects , For freedom of their Church , and discharge of their Consciences . Their Reasons they reduce into Arguments . 1. Their Reformation , That the purity in Doctrine , Sacraments , Discipline and Order thereof , hath been acknowledged rather as a Patern to be followed by all Reformed Churches of Europe , than now to be put to seek it from such as never attained to it . 2. That their General Assemblies formerly established to constitute and make Canons will be utterly overthrown . That hitherto their Church , nearest the divine and Apostolical Institution , and so hath lived long without Schism and rent , may now by introducing Novelties be miserably overthrown . That his Majesties gracious assurance by his Letters this last Winter against all alteration of Religion , and so hath been intimated in Pulpits , when Rumours were dispersed of intended conformity with England . These they pray may be sufficient to warn the King and Parliament , not to oppress their poor Church , and give grief to millions of men , that otherwise would rejoice at his Majesties presence . And so they resolve , that rather than submit , they are prepared to incur censure , and to oppose . This Protestation they commit to the most mad-headed man amongst them , one Hewet ; but some of the wiser sort , fearing the success , desire the Arch-bishop of St : Andrews to suppress it . He meeting Hewet , desires to peruse it , and blaming the man , keeps the Writing , the other seizes the Paper , and thus striving in the next Room , the King hastily comes out , and sternly fronts the Fellow , who falls down of his knees , and craves pardon for the Protestation , professing never more to meddle therein . However , the King wisely suspecting some others of the same Phrensie , for the present commanded that Article of the Kings Crown-prerogative not to be read , till the policy of a fitter time ; the rest of them being read and concluded , the King takes his leave and loving farewell . But the Bishops had warning to summon some principal Ministers , and with them to meet him at St. Andrews , 10. of Iuly , where the King greets them . How great my care hath been for the Church ( saith he ) since I had authority and power to perform it , your consciences cannot but confess ; I need not tell you . I seek no thanks , God knows my heart , for true worship of him , and decent order in the Church ; whilest I resolved of this Iourney to visit you . I gave you warning to insert some Articles into your Acts of the Church , those were anniversary commemorations of Christ's blessings to man , as his Nativity , Passion , Resurrection , Ascension and Descent of the Spirit ; another , for private use of both Sacraments ; a third , for reverend administration of the Communion ; and a fourth , for catechising and confirming children by Bishops . I was answered , that they had not been moved in any of the Churches Assembly , and so I was silent . And lately desiring but my Prerogative to be declared , in making Ecclesiastical Laws , ye mutined , and protested against me . But I pass all , amongst many other wrongs frequent from you . The Errand I have now , is to know your Arguments , why the same ought not to be granted ? Reason shall ever guide me ; and if my Demands are so , just , and religious too , I will not be refused nor resisted . And with that browing upon them with a full eye , majestical and stern , They all fell down on their knees . The King went on , It is a power innate , a princely special Prerogative , which Christian Kings have , to order and dispose external things in the outward policy of the Church , as We with our Bishops advice shall think ●it . And Sirs , ( said he ) for your approving or disproving , deeceive not your selves , Me ye shall not . I will have my Reason not opposed . They were all becom new men , humbly besought they might confer , and so return an uniform Answer , which in two hours space produces a Retition for a General Assembly , wherein all his Majesties Articles being proponed , they might with common consent be received . I , says the King , but what assurance have I of their consenting ? They protested , that they saw no reason to the contrary . But if it be otherwise , and your reason now , be none of theirs then , the Articles refused , my difficulty the more ; and when I shall hereafter put my own Authority in use , I shall be pulpited , a Tyrant , Persecutour . Ye were wont so to do . All crying out , That none durst be so mad . Yet experience tells me , ( says he ) that it hath been so ; therefore unless I be sure , I shall not grant your Assembly . They craved the Arch-bishop of St : Andrews to answer for them : but he refused , having been formerly deceived . At length they procured leave to assemble in November next at St : Andrews . Simson that subscribed to the Protestation , writes to his Brethren those Articles , which he calls Tricas Anglicanas , the Letter-carrier was Catherwood , who for his insolency to the Kings face , was committed , and after banished ; and Simson sent to Edenburgh Castle , where he lay till December . And so the King returns to England , by the West parts ; and at Dunfres had his farewell Sermon by the Bishop of Galloway , which made the hearers heavy at their hearts . The King gone home , the Assembly met , but willingly would have delayed their Conclusion of the five Articles , till they might inform their Flocks of the equity of them , and so they went away : which the King considers as an high contempt , and breach of their promise , and commands the Bishops of St : Andrews and of Glascow , precisely in their own persons to keep Christmass day next , preaching of Texts according to the Time , and to discharge all Modification , ( advance ) of stipends to any Minister for a year , unless onely to such as have submitted to the Articles , and in affection to the Kings service . The Ministers thus curbed , and the Northern men being come up to Edenburgh for their stipends , complain of their Brethren , their pride and insolency , supplicate the Bishops to intercede and mitigate his Majesties displeasure , and so they did , and procured Letters from the King , for allowance of their stipends . And Mr. Simson was now released , professing his hearty reluctancy for opposing his Majesty , setting his hand to a Supplication which himself framed , with all submission . But his Brethren , not liking any submission , but to their Assemblies or Synods , ( his , being to the Council ) he sets out an Apologetick , glossing upon each word of his Confession , and concludes , That whatever frailty or weakness had befallen him heretofore , he hoped now to be like Peter , Qui ore negavit , & corde confessus est , and never to betray the Lords cause with Judas . The Iesuits do even so , fast and loose ; neither tongue , hearts nor hands can binde them , against their mental secret purposes . And yet there being some hope , that matters might amend for the Church , and their frequent Synods preparing for their better obedience ; the Bishops procured the Kings consent to another General Assembly to be at Perth , in August the next year . This royal Progress of pleasure into Scotland and back again , gave leasure to the King , and advantage to all Attendants , for preferment of their persons , or other satisfaction for their services , by the freedom of their Masters bounty , both to Scots and English. Especially , to our new Favourite , now of two years growth in the Kings affection . This man George Villiers of an ancient Family in Leicestershire , and bears 〈◊〉 . on a cross Gu. five Escalops Or. His father Sir George Villiers begat him 1592. upon a second venter Mary Beaumont , of noble extraction , whom for her beauty and goodness , he married . By his first he had but one Son , rising no higher in honour than Knight and Baronet , his disposition not court-like , and therefore injoying perhaps the greater greatness , self-fruition ; yet in time he had preferment to the Government of Ulster Province in Ireland . The other Sons were three , and in order of Birth , but not in Preferment , Iohn was Viscount Purbech , George Duke of Buckingham , and Christopher Earl of Anglesey , and one Daughter Susan Countess of Denbigh . We are told , [ that he came over by chance from his French Travels , and sought his Preferment in Marriage with any body , but mist of a Match for want of an hundred Marks ] and so pieces him for the Court , ( like the story of Demetas Caparisons ) borrowing of each one by piece-meal , to put him forward for the Kings Favourite . But the truth is thus , His Mother a Widow , was afterwards married unto Sir Thomas Compton , whose Brother the Lord Compton by chance falling upon a wonderfull Match for matchless wealth with the Daughter and Heir of Sir Iohn Spencer , Alderman of London , and her Father then lately dead , this Lord was Master of all , which was of more than credible , and so might be enabled bountifully to set up a Kinsman , without [ other help or Alms of the Parish . ] It was plotted long before , and Villiers sent for , to the same purpose , by practice of some English Lords , to ballance with the Scots , who by the help of the last Favourite Somerset , and others of great affection with the King , had the better of the poor English. There had been a private Intertainment of a Supper at Baynards Castle by the family of Herbert , Hertford and Bedford , and some others ; by the way in Fleet street , hung out Somersets picture at a Painters stall ; which one of the Lords envying bad his foot-boy fling dirt on the face , which he did ; and gave me occasion to ask my companion , upon what score that was done ? He told me , this meeting would discover . And truly I waited neer and opportune , and so was acquainted with the Design , to bring in Villiers , who was entred before . He had need to be well backed , against enough that envyed his neerness , and aimed by any affront to discountenance him , until he made them know that his courage over mastered his sweetness . For having bought the place of Cup-bearer to the King , and taking the upper end of the Board at dinner before some other Waiter , which not his due , was told of it , and so removed ; nor was it done with overmuch kindness ; for indeed the other was Somersets creature , who urging a second incivility , Villiers gave him a Box on the Ear. For which the custome of Court condemned him to have his hand cut off . And which Somerset , as then Chamberlain , ought to prosecute the Execution , which he did . And here the Kings pardon , without any satisfaction to the other party , made him suspected , a budding Favourite . Who was indeed raised , with , or by Somersets ruine , so drew envy , from him as his competitor , and from others his Friends compartners in his fall , being then as one cast out of the passions of the King. We shall find him come up degrees , and to stand firm in favour , to the death of this King , and his second Master till his assassination . The King minding to shew his own power to raise him from nothing , and his will to advance him for nothing , the others study therefore was the Kings inclination , and so to leave on him , whose affection was sufficient to hold up his head . He waited hard and close , his first years rising ; but having removed all the whole Line of Somersets lincks , ( his Wives interests the Howards ) being boldly fixed in his Masters favor ; he would adventure to take leave , but not too long , to be absent . And so by degrees inured the King from his custome of overtyring his Favourites , and at last , fortifies himself , by raising out-works if in case of assault ; His own mariage with an heir , the daughter of the Earl of Rutland , rich and Honourable , twisting himself and his issue by intermariages with the best and most noble . For indeed the brouse boughs cut down , or removed to plain the stem . Our favorite appears , like a proper Palm , besides the discerning spirit of the King , who first cherished him , through his innate virtue , that surprized all men . Henceforth preserments came thick upon him ; for the next Saint Georges day after his initiation , brought him Knight Bachelour , and Gentleman of the Bed-chamber . At new-years time Master of the Horse , and Knight of the Garter , and that Summer in August 1616. Baron of Whaddon , and Viscount Villiers ; the beginning of next year , Earl of Buckingham , and privy Counsellor , and this Summer in Scotland , sworn there also Counsellour of that State. At Christmass after ( that favours might be recorded , Acts of time , and of affection too ) he was created Marquess Buckingham and Admiral of England , chief Justice in Eyre , Master of the Kings Bench Office , and Steward of Westminster ( places of profit ) and Constable of Windsor Castle . The largest was Duke of Buckingham sent unto him by Patent into Spain , and last of all Lord Warden of the Cinque Ports . And so have we sommoned him at once , with all these Titles , which came to him in time heretofore and after . These accumilations might no doubt astonish the Kitchen stuff conceipt of Sir A. W. Benefits imbroydered without the least vacancy or emptiness , to any others workmanship . The hearts of Princes once dilated with affection , cannot be satiable in the exercise of any narrow bounty , or little affection , choice and love , begets the Gift , which act becomes fomented , even to be in Love , with their own giving , and so to excesse . And thus have we put together this great Man , who was pieced up by degrees and time . He had many kindred , for his Family was ancient : Heraldry might blaze as large fields of his Pedigree as need concern any subject to prove ; were a Man preferred to pensil his life , which I take boldness but to touch with shadows . These were dispersed by time , into several Matches , with the Gentry , and what strange or new device was it in him to raise them , that were neer in blood ( by Noble and worthy ) waies as he did ? He made his two Brothers Peers ; his Mother & Sister Countesses , the one by Patent , the other by Mariage , the rest of the kindred by his countenance , got means to live like their Births being a race handsom and beautiful ; Ime●n the females , descending of Villiers or Beaumont ; either matched with Peers or with the Sons and heirs of Earls , or with Knights of plentiful condition ; for he did not much strengthen his subsistence in Court , but stood there on his own feet ; the most of his Allies rather leaned on him , than he sholdered up by any of them . And thus much , as a Preface to the History of him , hereafter during this Kings raign ; wherein his actions are successively remembred . But concerning his Mother , made a Countess . There are in England three sorts of honourable women ; by Creation , Descent , or Mariage . 1. H. 8. created Ann Bullen Marchiones of Pembroke , before he maried her . So was Susan Widow , the Sole Daughter of the Baron of Abergaveny , created Baroness de le Spencer , Cambden 63. 6. So also was the Lady Compton , wife of Sir Thomas Compton , brother to the Lord Compton , made Countess of Buckingham , with the see of twenty pound per annum , 18. Iac. And also the Lady Finch a Widow , created Viscountess of Maidstone , 21. Iacobi . 2. Noble women by descent , or to whom dignities descend as heirs , are said to be honourable by Tenure ; or those Heirs whose Ancestors were seized of an estate descendable to them in their titles of Dukedome , Earldome , or Baronies , or Heirs to Ancestours summoned to the Parliament . 3. And lastly , Noble Women are these , married to a Lord or Peer of the Realm , though themselves , but in the State of Gentry . Knights Wives are not of the Nobility . They are stiled Ladies by the courtesie of England , but not in Courts of Judicature . So much for Noble Women . In the Kings return out of Scotland , the people took occasion to complain in common , and to petition in particular , That the freedom of Servants and Laborers , was extremely enslaved by their Masters pretended zeal and sanction against Idolizing ( as was pretended ) of such days as ancient custome from General Councils , and the Church of England reformed , even to that time ▪ had appointed to be kept Holy. Whereby after the ●olemnizing of Divine service , the Servants and Workmen , were not usual to discompany from their accustomed moderate Pastimes ; such as the most rigid ( heretofore ) could not justly but admit . The King , not so over-affected to his own sports , that the sense of the peoples sufferings , might take advantage by his Example , and so of Liberty in the like ( for much of his most serious affairs , were shadowed from the vulgar , nay from the observing Politicque , by his own publick Pastimes . ) But in truth it came to be a business of consequence , to consider , how the intemperate zeal of our then rigid Reformers , ( to countenance their own design of deforming ) strook at higher powers , through the peoples sides , in many matters , so in this also . For at first these pure conceited Men , quarrelled at the name of the Holy seventh day , called then , as of old , Sunday , which they would have named Sabbath , and thereafter would have it observed levitically , so strickt , as not to gather sticks . This being discussed in some Counties , the people forbore their Recreations . Then the Reformers took the like exceptions against the peoples lawful pleasures on Saints and Holy-daies , and at last against all sports and publick Pastimes , exercises innocent and harmless , such were Leaping , Dancing , Running , or any Mastery for the Gaol or Prize , May-pole , or Church-ale , as debauched Idols . In some of these Pastimes several Counties excelled , and to entertain community with their Mirth , the Court Progresses , took delight to judge of their wagers , in their journey to Scotland , which the people observing , took occasion to themselves to petition the King in his return for freedome , and leave to be merry . And thus by this means , this Mans [ Monstrum Horrendum ; the Church-mans Maskarado ] was begotten , and brought to allowance by command , in print to justifie the people in their lawful pleasures , though upon the Sunday after service . This year died Edw. Talbot , the 8. Earl of Shrewsbury , without issue ; and therfore it descended upon George Talbot son of Iohn Talbot of Grafton , Esq by Katherine his wife , Daughter of Sir William Peters , heir male of Sir Gilbert Talbot of Grafton second Son of Iohn Lord Talbot , second Earls of Shrewsbury , after the death of Gilbert and Edward Earls of Shrewsbury without issue male , who was this next year 1618. admitted by King Iames the ninth Earl. But this man dying also without issue , the inheritance descended upon the children of Iohn Talbot , brother to this George ; which Iohn dyed and left issue Iohn now the eleventh Earl , 1652. He bears Gules , a Lion rampant , and a border engraled . Or. Sir Walter Raleigh wearied with long imprisonment , and having there spent his time well in the History of the World , made his petition more passable to the King , whose love to learning granted him , now at last his Liberty ; and not long after gave him leave to wander after a design to the Western world , where he had been in several Climates before . The common World wondering at this mans wit , who had a way to break Jests , though to hazard his head again , for in a jear , he said , That his whole History had not the like President , Of a Kings chief Prisoner to purchase freedom , and his bosome Favourite to have the Halter ; but in Scripture Mordecai and Haman ; meaning Himself and Somerset . To which he was told that the King replyed , He might dy in this deceipt , which he did , and Somerset saved . But in truth , he had a reaching and roving mind from his first rise , and thereafter but a mean fortune , which he meant now to make up , out of Adventurers purses for Gold-Mettal , from a Mine in Guiana , one of the Countreys of America ; upon no other ground to win belief but a pound of the Ore which he had from thence by the hands of Capt. Kemish his ancient Servant . The King wondering at this man , why to hazard his future fortune upon the nice dispute with the King of Spain , whose Territory he must invade at his own perill of success , but yet gave him leave with his liberty , so be , that he broke not the Kings bands of Amity , which he had strickt rules and order to observe . The French Lieger had been very earnest for his inlargement , with much affection to his deserts , and some design of Policy against Spain , wherein they two waded so far , as that the discovery came to the Kings ears ( not without intrenching ( by the by ) upon his Majesties honour ) and several commissions from France , presented to him , to fit him to that purpose , wherein he was warily watcht , till it should ripen for further tryal , and at the worst , back-friends were to be put aboard , to bring him back again . And having got Commission , and thereupon a company of his own Countrymen they imbarque with him in a Voyage thither , with a compleat Fleet of twelve sail , and landed at St. Tomazo , a Town of the Spaniards , killed five hundred men , sacked and burnt it ; of five of their Fleet , it may be said as of the old saying , They went up the River , and so came down again ; for rhe Design being the River Oremque in Guiana to discover the Mine , at the foot of a Mountain , up in the Countrey they were opposed by the Inhabitants , Spaniards and Natives , and so returned to their company . This expedition was grounded at the first only upon Kemish information , the Miscarriages that might happen was alwaies cunningly resolved to light upon him , for satisfaction of the Adventurers ; To answer it to the King , his intent was never to return ; but by his own mannagement , and the obedience of his Company , over whom he had commission of Life and Death ; he dreamed of nothing less then of a prosperous journey . And now to frighten Kemish , Raleigh threatens him with the Kings displeasure , which to avoid , sayes the Storian [ The poor man pistols himself ] and so no tales could be truly told . He dead , the most minded forced their own and his return home , which he intended any where else , and so some of their scattered ships with him , more like a Prisoner than Commander , came safe to Kingsale in Ireland , from thence to Plymouth , where no sooner on shore but he is taken into custody of Sir Lewis Stukely , Vice-Admiral of Devon , and conveyed to London , and so to the Tower , with whom he deals for a sum of money presently delivered to him to escape with him into France . Stukely yields to all , accompanies him by Water , where by the way to Gravesend ( the Design of Stukelyes treachery in that , and so it prospered with him , being hanged afterwards for clipping Gold ) they were seized , and he brought into the Tower , and not many daies after commanded to the Kings-Bench-bar at Westminster before the Lord Chief Iustice Mountague , where he was questioned upon the Records of his former Arraignment at the City of Winchester , and in answer to that , he was asked what he had to say to his Sentence to dy like a Traytor . His short defence was , Of being lately intrusted by the Kings commission over the Lives of some of his Liege people ; was soon replyed unto , as insufficient , and he had judgement to dy the next day by the favour of the Ax ; which he said ( smilingly touching it ) Was a sharp Medicine , but a sound Cure of all diseases , as it proved to him then in his Ague sit , in the Palace yard at Westminster Octob. 1618. It was indeed common discourse then that Raleigh knew of no Mine , nor was Kemish assured that the pretended Mine was of Gold , but that the piece of Ore , which he presented Raleigh in the Tower , was falsifyed by dissolving some Gold therin , and he a better Chymist than Kemish for that purpose . That both of them designed it so to be , thereby cozening the world to get credit , and afterwards to deceive the King to purchase his liberty . But when Kemish came safe from the supposed Mountain , without any Mine , whom Raleigh expected should miscarry in the way , and none but he could discover the deceit , then was he destroyed by death , but by whose hand it may be suspected , not by himself . And truly these reports were more then [ a false visard to out-face the truth of his merit in that action , and thereby to weigh down Raleighs miscarriage . ] At his death he endeavoured to cleer some points which he knew lay on the Deck against him , His disloyal words of the K. undutiful language from Subjects of Sovereigns , take deeper root than the memory of evil Deeds ; so did the Marshal Byron which cost him his head . Essex once told Queen Elizabeth , That her conditions were as crooked as her carcase , Manebat alta mento repostum . He said , his Accuser was a base runagate Frenchman , and perfidious , being sworn to secrecy , yet he betrayed . Secondly , To have had often plots with France . He confessed , That he had been often solicited from thence , and that he endeavoured to escape thither at twice , and the last time being got as far as Woolwich . Thirdly , That the French Agent came often to him with Commissions from his Master ; but it was not accepted . Much he said of these as to the publick , and of more things as to private , which he did not deny , but traversed . So then there were other businesses of a second charge , and confederacy , which made him lyable to a new Tryal ; for Treason is so comprehensible , as to take in even circumstances , and out of them to make such conclusions as the jealousie of State shall interprete either for safety or Revenge . But the prudence of the King would not hazard more , having sufficient upon the old score ; and because he could not in Law be judicially called to accompt for his last actions , his former Attainder being the highest , and the last work of the Law , whereby he was Civiliter Mortuus ; The King was inforced ( except Attainders should become Privileges for all subsequent offences ) to execute him upon the former . And concerning Sir Walters recovery of Queen Anns infirmity , for which he should beg a Boon , viz. [ the re-examination of the Lord Cobham by four Earls , and three Counsellors ] It being urged by an Author in the innocency of his cause , and ingratitude of the King ; I shall answer as to my knowledge by the relation of some Ladies of her Bed-chamber , and of her Surgeons and Physicians now living ; That she was never cured of her disease , but by death that ends all Maladies . We are told [ That Sir Walter set out his design to the King , who discovered it to the Spanish Lieger Gondamore , the Countrey , Town , Men , Ships , Ordinance , and all , and he posted it to Spain , thence to the Indies , before that Raleigh could get out of our River ] and yet for all these tidings , supplies were not come to defend the Town Tomaze . We will confess that all these exceptions may be had under Sir Walters hand , purposely so writ by him , to excuse the weakness ( or wickedness ) of the event . For the truth is , the design though hatcht in a corner , was published on the house top , to purpose Contributers , otherwise he must conclude them Mad-men or Fools . Nay , I can produce under his hand and seal with a blank ( for he left a hundred ) for other Adventurers to follow him , for which each one gave fifty pounds to his Lady , and therein was set down as much as our Historian fathers upon the King to Gondamore . And that his own Conscience was satisfied that he deserved death before he was brought up Prisoner from Plymouth , and so to indeavour his escape from Tryal ; see but the close of his own Letter to Buckingham . It was ( saith he ) that last severe Letter from the Lords for my speedy bringing up , and the impatience of dishonour that put me in fear of my Life or perpetual imprisonment , which animated me in my late and too late lamented resolution to escape , if his Majesties mercy does not pitty my age , and scorn the advantage of my guilt , if his Majesty does not make difference in offences , proceeding from a life-saving natural-impulsion without ill intent , and those of an evil heart , And if that your Lordship do not vouchsafe to become my Intercessour , whereby your Lordship shall bind an hundred Gentlemen my kindred to honour your memory , and bind me for all the time of my life , which you shall beg for me , to pray for your prosperity , and to remain , Your Lordships most humble Servant , W. Raleigh . As to the value of that worthy Gentleman ( from whose descent of blood I am no Stranger ) certainly we may yield to him as much or more then is described by his Character , But then those excellencies , [ natural wit , better Iudgement , and applausable tongue , &c. ] might in his long time of recess by imprisonment ( through disuse of men and business ) become uncertain grounds to Fabrick such Designs as the natural man ( not supplyed with inward grace ) usually aims at , and therein is mostly deceived , such was he , his fate , and fall . This year the King creates by Patent four Earls , Sidney Earl of Liecester , Compton Earl of Northampton , Cavendish Earl of Devonshire , and Rich Earl of Warwick . Having paid the price , a good sum for their honours ; so earnest some are , and so ambitious of preferment , as what they cannot get by merit , they covet to purchase with money , an infection newly crept into the distribution of honors , not usual here with former Sovereigns . The miserable condition of sinful man in sundry Examples of these present and of former times , should mind us hourely to beg of God preventing grace , least we fall into Temptations of sin and Satan . Such have been the calamities of ages past , at present are , and will be to come ; Stories of Theft , Rapin● , Murthers , and such like . One of wondrous note happened at Perin in Cornwall in September , a bloody and unexampled Murther , by a Father and Mother upon their onely Son , and then upon themselves . He had been blessed with ample possessions and fruitful issue , unhappy only in a younger son , who taking liberty from his Fathers bounty , and with a crew of like condition , that wearied on Land , they went roving to Sea , and in a small Vessel Southward , took boot from all whom they could Master , and so increasing force and wealth , ventured on a Turks Man in the Streights ; but by mischance their own Powder fired themselves , and our Gallant trusting to his skilful swimming , got shore upon Rhodes , with the best of his Iewels about him ; where offering some to sale to a Iew , who knew them to be the Governours of Algier , he was apprehended , and as a Pyrate sentenced to the Gallies among other Christians , whose miserable slavery made them all studious of freedom , and with wit and valour took opportunity and means to murther some Officers , got aboard of an English Ship , and came safe to London ; where his Misery and some skill made him Servant to a Surgeon , and sudden preferment to the East-Indies . There , by this means he got money , with which returning back , he designed himself for his Native County Cornwall . And in a small Ship from London , sayling to the West was cast away upon that coast . But his excellent skill in swimming , and former fate too boot , brought him safe to shore ; where since his fifteen years absence , His Fathers former fortunes much decayed , now retired him , not far off to a Countrey habitation in Debt , and Danger . His Sister , he finds married to a Mercer , a meaner Match than her Birth promised . To her at first he appears a poor Stranger , but in private reveals himself , and with all what Iewells and Gold he had concealed in a Bow-case about him . And concluded that the next day he intended to appear to his Parents , and to keep his disguise till she and her Husband should meet , and make their common joy compleat . Being come to his Parents , his humble behaviour , suitable to his Suit of Cloths , melted the old couple to so much compassion , as to give him covering from the cold season , under their outward Roof , and by degrees , his travelling Tales told witn passion to the aged people made him their Guest , so long by the Kitchen fire , that the Husband took leave and went to bed . And soon after his true Stories working compassion in the Weaker Vessel , she wept and so did he ; But compassionate of her tears , he comforted her with a piece of Gold , which gave assurance that he deserved a Lodging , to which she brought him ; and being in Bed shewed her his Girdled wealth , which he said was sufficient to relieve her husbands wants , and to spare for himself , and being very weary , fell fast asleep . The wise tempted with the Golden Bait of what she had , and eager of enjoying all , awaked her hu●band with this News , and her contrivance what to do ; and though with horrid apprehension he oft refused , yet her pewling fondness ( Eves Inchantments ) moved him to consent , and rise to be Master of all , and both of them to murder the man , which instantly they did ; covering the corps under the Cloths till opportunity ●o convey it out of the way . The early Morning hastens the Sister to her Fathers house , where she with signs of Ioy , enquires for a Saylor that should lodge there the last night ; the Parents slightly denyed to have seen any such , untill she told them that he was her Brother , her lost Brother ; by that assured scar upon his Arm cut with a Sword in his youth she knew him , and were all resolved this morning to meet there and be merry . The Father hastily runs up , finds the Mark , and with horrid regret of this monstrous Murther of his own Son , with the same Knife cut his own throat . The Wife went up to consult with him , where in a most strange manner , beholding them both in blood , wild and agast , with the Instrument at hand , readily rips up her own belly till the Guts tumbled out . The Daughter , doubting the delay of their absence , searches for them all , whom she found out too soon ; with the sad sight of this scene , and being overcome with horrour and amaze , of this Deluge of Destruction , she sanck down and dyed ; the fatal end of that family . The truth of which was frequently known , and stew to Court in this Guise ; but the imprinted Relation conceals their Names , in favour to some Neighbour of Repute and Kin to that Family . The same sense makes me therein silent also . We have heretofore observed the Constitution of the Dutch Netherlands in favour of Vorstius and his Heresies , preferred at Leyden 1611. where he had a way of Wit and cunning to work into the peoples dullness , led on by countenance of sundry the powerful Ministers of the Provincial States , that now his Tenents were preached for Orthodox , and believed as Gospel , being mixed with those of Arminius , whose repute ( following his death ) Vorstius took up , and for the Masters sake , were nick-named Arminianism , then of a dozen years growth , infecting the Reformed Churches , almost in each Countrey published in print , or fetcht from thence , by taint of young Studients . King Iames took care to prevent both , by burning the One , if they came hether , and forbidding the Other not to go thether . Peace and Plenty with them bred up these Schisms into as many factions , the old way to work designs and changes in State , both of the Gown and of the Sword. The one mightily mastered by the wisdom of Barnevelt , the other commanded by the power of the Prince of Orange . This Barnevelt , was worthily descended , and well-bred ; his travels abroad and Counsels at home , which his great age 70 years , gave time to ripen for excellent advice in the Magistracy and Council in the Army improved by five Embassies abroad , and thirty two Leaguers at home . And it is counsel to some , whether conscience or ambition over-ruled his last actions ; but he made himself Head of a Faction , which got the name of Arminians ; a common custom with Opposers , to colour their own designs by laying infamy , or at least scandal upon their Adversaries ; and this did the Prince do to destroy Barnevelt , for envy and fear . The other finding the pulse of the people to beat in a high feaver of that disease , was forced for the present to tack on that side , where he was sure to have hearts and hands to keep him up , in a desperate state , otherwise to be overwhelmed in the deluge of Destruction . Thus in some condition to balance the Prince with assistance of several the Provincial States , of his opinion and jealousie ; that if the power of the Prince , Generalissimo of their Armies , were not limitted , his greatness would ere long increase without coutroul . And therefore by way of Counsel ( for pretended good of the Common-wealth ) they did Confederate to leavy new companies , far from view or suspition of the Prince , whom Barnevelt kept close to business of the publick Council , with the States General ; And so was it not discovered untill Midsomer , But then perfectly understood . The Prince in secret with his Kinsman Count Ernest , and the best of his Confidents , leaves the Court at Hague , gives Intelligence of his Design to Collonel Ogle Commander of the Garrison at Utrecht ( the place of the others greatest strength ) who on the sudden receives them in , surprize the Town and that State , in close Council . And at hand had the Garrisons of Arnhem , and others to master that part , and so other places of force , whom he suspected had favour with Barnevelts faction . The snccess of this sudden expedition gave such authority to the Prince . that being returned in Martial manner , he seized Barnevelt , Grotius , Hogenbert , and other Confederates at Hague , and committed them to prison , upon pretence of Treason ; his power with the Army and interest with the States might do this and more . Not long after Lydenburgh , Governour of Utrecht imprisoned , stabs himself to the death with his Trencher-knife ; being assured that no innocency would prevail against force and malice : Yet Hogenbert and Grotius had sentence of miserable mercy , in perpetual imprisonment ; the last of them got loose , being conveyed out in a Chest , which his beloved wife plotted for his escape . Barnevelt had friends with the State , and a strong faction with the people , and though his Sentence pronounced him to the Scaffold , yet it lasted a long Dispute , ere they brought him to the Block , which was not effected till May the next year . His Sentence indeed made his Crimes capital , as Author and Accessary of all former distempers in State , sum'd up to the height , and sufficient to hang a thousand . The multitude of Believers begin to murmur ; to appease them and prevent muteny , a National Synod was held at Dort , accompanied with sundry able Divines of several Reformed Churches . King Iames in principal sent thither , Doctor George Carlton Bishop of Landaff , Doctor Ioseph Hall then Dean of Worcester , Doctor Iohn Davenport Professor Regius in the University of Cambridge , and Master of Queens College there , Doctor Samuel Ward , Regent of Sidney College in Cambridge , and Doctor Balcanqual a Scotish man ( in particular to give honour to that Nation . ) But in truth , and in esteem they were all of them , ( and so other Foreign Divines of this Assembly ) men of incomparable Learning in the Mystery of Religion ; but where appeared no Opponents , the Dispute found the less Difficulty , and their Conclusions for the present silenced the Pulpits . Yet private men took pains to search the Distinction . And as Opinion ( the rule of Conscience ) binds every one , so from thence and since Arminianism hath its increase . The Divines of England , not being obliged to their opinions at Dort. For first , This Synod was Foreign and National , and therefore as a Synod could not bind us in England , unlesse it had been ratified , and imposed by Publique Authority here at Home . Secondly , It was not an Episcopall Synod , neither was any Bishop President of it , or actor in it ( quatenus Episcopus ) and therfore it was rather an Assembly of ptivate Divines than an Ecclesiastical Synod , according to the rules of antient Ecclesiastical Discipline . Thirdly , Our Divines concur not absolutely in Judgement with the Netherlands in all their Synodical Conclusions . For concerning that Article of Redemption , they write pag. 204. De mortis Christi pretiocissimo merito , it a Statuimus , ut nec primitivae , &c. The reverend Divines of Great Britain in these words deliver four things . 1. That they accord with the primitive Church touching the Article of Universal Redemption . 2. That the promises of the Gospel ought to be proposed universally to all men . 3. That whatsoever is offered or promised in the name of Christ , to any person in the Church , is truly intended by God to be given unto them , in such sort as his Word and Promises do outwardly sound . 4. It is consequent upon the former , that the work of Redemption in respect of Christ his Oblation and intention therein is common to all mankind , although many by reason of their impediments do not actually receive them . Now this resolution of Our Divines accordeth with the Articles and Doctrine of the Church of England , but none of the Foreign Divines of that Synod were of the same opinion , for they restrain this Redemption of Christ both in application and Gods intentional offer meerly and only to the Elect. The Belgicke Confession is wholly confirmed by the Synod of Dort , as appeareth in the Book of the Synod pag. 329. But the 30 , 31 , and 32. Articles of this Confession teach , That the Presbyterian Discipline is of Divine institution ; and that all Ministers have equal Authority and Iurisdiction , and consequently condemn Episcopal Government , and the Ecclesiastical Policy of Our , and all other Churches , which imbrace not Calvins Plate-form of Lay-Elders . The antient custome of convocating Synods , or meeting of Divines for comp●sing Differences in Religion and Reformation of corrupted Discipline , was from the very four Apostles meeting at Ierusalem , concerning the Gentiles observing Moses Law ; and from that example in a Province or City , the Primitive Bishops assembled at several times for 200 years then following . The peace and unity of the Church in CONSTANTINE gave ease for many Churches to communicate over the whole Empire , and was called in his time , The Holy Synod , and not long after , The General and Oecumenical Council , though the Empire was divided , Eastern and Western ; and afterwards amongst the Graecians from the Assembly of the five Patriarchs . And in those Kingdomes from the Unity of States obedient to the Pope in Ecclesiastical causes , which till the fifteenth Century of years so continued quiet , unless in that of Iohn Husse , and Ierome of Prague , from the Doctrines of Iohn Wickliff in England . In the time of Richard the second King of England , who maried Ann the Daughter to Wincelaus King of Boheme . And though he had no issue by her , yet the conversion of Boheme from Popery may not unfitly be stiled the issue of her Mariage ; for they that brought her hither , carried over Wickliffs Works , anno . 1382. to John aud Jerome ; So then England was Grandfather of Reformation , Boheme the Father , and Germany the Son. Their Doctrines were against the Popes Supremacy as Antichrist , they condemned Transubstanatition . He translated the Bible into English , and was burned in Leicestershire , the first man that suffered the fire of English Martyrdome , at fourty five years of age . About the year 1500. appeared the first occasion ▪ amongst the Waldenses neer the Alps ; In some Cantons of Boheme , called Picards ; but both of them then rather despised than feared ; their disciples were called Sub utraque , receiving the Sacraments with the Cup and with the Bread against the Papists . But their opinion of long time , rather amongst themselves than communicable . In 1517. began Martyr Luther an Hermite Fryer in Saxony ; that Covent being usually imployed to publish the Popes indulgencies , he spoke against the excessive abuse of the pardons in ninety five Conclusions at Wittenburgh , which Iohn Thesel a Dominican opposed in others at Frankford of Bran●enburgh , by Ecchius also and Prierius . And so controversie increasing matter of greater importance , they were faln to strengthen their weak Arguments with the Popes authority , as being the chiefest in the Church , and not able to err . Martin proves him inferiour to a General Council , which he craves as most needful . Whereupon he was cited to Rome the next year , but in favour remitted to Examination of the Popes Legat Cardinal Cajetan at Ausburgh in Germany ; who could not convince him , and in such policy , backed by some Princes , he appealed from the Popes Bull to a General Council . The same occasion of indulgence collected at Zurick provoked Zwinglius a Canon to oppose Samson a Franciscan who preached for the pardons . These Reformers and their writings were examined and condemned by the Universities 〈◊〉 Lovain and Cullen ; and the more opposing , the more increasing ; The Pope remitted the dispute unto some Cardinals , Prelates , Divines and Canonists , and their books were condemned and burnt ; And the Popes Bull resolving it , the effect followed first at Lovain and Collen . Luther and his Scholars did the like by the Popes Bull and Decretalls at Wittenburgh , and justified it by a long Manifest to all the World. And this caused a Diet at Worms , which examined him , and his answer moved the Elector and Others to favour his Doctrine ; but was condemned as notorious Heretical by Imperial Edict . And by example so did the University of Paris . Henry the eight King of England , born a second Brother , and therefore bred a Scholar , designed for the Arch-bishops See of Canterbury , writ a Book against Luther , and had his reward , and Title of Defensor fidei , though upon consideration of Lust and Policy , turned Reformer also . The like Dispute and Measure had the Doctrines of Zwinglius , and the rest , and so these differences increasing , did necessitate another Diet at Norembergh , where disputes against the Reformers increased complaints against the Courtiers of Rome , and were reduced into Centum Gravaniana , and at the Diet at Spire as many more . The horrid plots between the Princes and the Popes , and general distraction of Germany , and other parts of Christendome , and by the seeds of the Reformed Religion , at last to amend all , or make it worse , the Pope was forced to consent to call a General Council at Trent . The Elector of Saxony , and five Princes more opposing the Emperours Decrees , and fourteen principal Cities adhearing , they protesting against it by Manifest , were now first called Protestants , as from the Reformed Doctrine of Luther , and the rest . At the Diet of Ausburgh , the Protestant Princes , fifteen , and thirty Cities , prefer their confession of faith of Luther , called from the place Augustine . The Cities also of Zwinglius doctrine , presented their Creed , differing onely in the Eucharist , and at home were opposed by their Neighbour Roman Cities , and quarrelled it by War ; wherein Zwinglius in the head of a Company sacrificed his life ; for whom Oecolampadius a Minister of Basil , of the same Opinion dies for Grief ; and from these of the Cantons came the name of Gospellers . The horrid troubles , discords and disputes amongst Christian Princes from the seeds of Reformed Churches , controverted by several quarrels and Armies , and referred to several Diets , Colloquies and Meetings in Germany . It was then at last resolved of the holy Ecumenical Council of Trent ( as the Roman Catholiques call it ) Opening at Trent in Decemb. 1545. In the time of Pope Paul the third , Charles the fift then Emperour , Henry the eight , King of England , and Francis the first of France , and ended Anno 1563. Eight Bishops of Rome lived and dyed during that treaty eighteen years . Our Countrey-man Campian that apostate , writes to the Universities in that Councils commendations . The Synod of Trent ( saies he ) the older it waxeth the more it will flourish , good God what variety of Nations , what choice of Bishops of the whole world , what splendour of Kings and Common-wealths , what marrow of Theologues , what sanctity , what weepings , what Academical ●lowers , what Languages , what subtilties , what infinite readings , what riches of virtues , and studies , did fill up that Majestical sacred place ? And so they amuzed the after age with counterfeit value of that Council , until that an Italian compiled a work of the particular ordinary Acts of that Council , wherein their practices to maintain the power of the Court of Rome , and to hinder the Reformation of their Eripus is plainly expressed . An excellent work written in the time of King Iames , and translated then into English 1618. if there were no deceit in the Writer ( as I have heard it pretended ) as that under hand he was a Protestant , and so partial . Having now of late 1652. with admiration beheld the horrid broyls and civil Tumults ( these thirteen years last past ) in these Western Nations of Europe ; how barbarously Protestants oppose , and massacre each other ; whilest the Iesuit Projects , hiss at us by the ears . The Empire also , having gotten but a woefull booty by her more than thirty years wars , heretofore weakned her self with loss of six millions of Souldiers , besides others , men , women and children numberless . We in Great Britain having gained no better by our Civil Wars . The sins of Subjects hastening untimely fate , the Church delacerated , our own Nations disjointed and dismembred in every part . These considerations might move us to cry to Heaven for an end of such Tragedies . The mysteries whereof , by sundry writers take rise from the fearful blazing Star , which appeared this year 1618. Longamontanus and Doctor Bambridge say , That this Comet appeared but twenty eight daies , for it was not observed in Denmark , nor in London before the eighteenth or one and twentieth days of November . But Puteanus observed it the eleventh day , and so appeared thirty seven daies ; foreshewing that first the more Northern parts of Europe , then Great Britain afterwards , should feel the smart for thirty seven years ; even from 1618. until 1656. And not onely these Nations , but the effects were to end upon all Europe ; and why ? mary because they neglect the downfal of Antichrist , ruin of Rome , destruction of the Order of Iesuits , and State of Papistry ; to make way for ( I know not whose ) fifth Monarchy , the Lion of the North. The matter of these Comets is variously described , being ( some say ) composed of wind and lightning ; hot and dry ; exhaled by the Sun , into the highest Region ; and there ( bordering the Element of fire ) is inflamed partly by it , and the whirling motion of the Heavens . And this matter , whilst imprisoned in the Earth , produceth Earthquakes . If it ascend to the Middle Region , and be from thence beaten back , it turns to wind ; if entring that Region , and being environed with thick Clouds , it flashes into Lightning ; and if it passes to the upper Region , it becomes a Comet . And the common opinion promotes them as Signs and Causes , prognosticating some dreadful mischiefs to the World , whereof Brightman foreshewed ; who from Joseph Scaliger of Leyden , got some Notes of Grebneer , concerning those prophetical numbers in the twelve chapters of Ezekiel ; the three last of Revelation , and the last chapter of Daniel , with some passages of Hosea and Zachary . But that excellent Manuscript of Johannes Bandensis de vita Grebnerii , declares all . In which that learned Astrologer brings reasons Divine and humane , why Europe for the space of thirty seaven years following this fearful Comet , should feel the Mutations of flourishing States as siuce it hath lately hapned in Portugal , Swedland , Bohemia , Denmark ; Great Britain , and Ireland . However foretold ; I am sure they and we feel the sad effects ; and so have we mixed predictions , both Astrologicall and Divine . Since the spiritual Sword was sheathed in England , which had lopt off the Serpentine heads of Heresie and Schism , It is more then wonder , how all these Sects in the whole world have with their prophecies ( like devouring weeds ) overgrown or choaked the seed of Gods word . The Millenaries dream of a Personall Reign of Christ upon Earth ; How he shall descend 1666. and destroy all the Works of Dark●ess ; that he shall keep quarter Sessions , and Goal delivery in his own person upon Mount Olivet ; That in anno 1700. shall be the day of Iudgement , and that Iudgement last other 1700. years , and a thousand other such like Fancies , made familiar to us , by sundry mad-headed Millenaries ; lately printed in 1642. 44. and 45. In anno 1650. comes another Opiniator , and tells us that this year saies he all Europe being in civil Wars which shall not cease till they have mustered an Army to destroy Rome anno 1666. Then that the Western Iews shall come into the Faith of Christ ; and shall in anno 1683. convert the Eastern Iews ( being the ten Tribes hidden invisibly in Tartaria and India ) and these two Brethren shall ruin the Mahometan in anno 1698. aud so presently to be restored to Jerusalem , and then follows the dissolution of all things , and not before . For my part ( says one in anno 1650 ) I am a zealous adorer of Parliaments , nor desire to censure the actions of our Representative yet will not promise the term of an age to our Novel Government ( as hs terms it ) but thinks verily a change toward the old Model is neer at hand . A pestilent Prophet if such should come to pass , and the whole effects of Grebneer follow after . And further this figure-flinger hath collected by way of Chronology upon the principal passages in ( Ezekiel and Revelations ) Grebneers and Bandensis prophecies ; where he observes out of the fourth Viol poured out , to be in anno 1605. when the Protestant Champions , Pareus , Polanus , Whitakers , Perkins , Andrews , and K. James , did power light upon the Sun of the Gospel against Bellarmine , Stapleton , Campian , and other Papists , Revelations 16. 8 , 9. The fifth Viol ( saies he ) began powring out from anno 1630. by the Swedes in Germany 1632. then the English in England 1640. and combine against Papists 1648. and shall end in Romes ruine , 1666. and hath Scripture for that too , Revel . 16. 10 , 21. and so goes on to the year 1830. where he leaves the faithful to expect Dooms-day . There are other Writers strongly encounter these poisonous prophecies ; That there is no certain predictions ; that Comets do not alwai●s fore-run such events ; nor do Events follow Comets , and instance wonderful fruitful blessings after such signs . Peucer a Germain , prognosticated upon the Comet in anno 1583 and contrariwise followed a most calm Summer ; no Prince dyed ; no war , and the Plague in Lombardy then ceased . Gemma Frisius sp●aks of as many good as bad effects . And the Comet in Qu. Elizabeths time in Cassiopea , she being diswaded to look out of the Window upon it , she went forth to see it , saying , Jacta est alea , The Die is cast in Gods providence , not in Signes to be blasted with such beames , which had a ground in Nature , but no warrant in Scripture , to portend Mishap to States and Princes , But that which is most observable to me , is this , The Scripture , which relates remarkable things , mentioneth not one Comet , Blazing Star , nor Ecclipse ( but that miraculous Star at Christs birth ) though no doubt many such happened in that space of three thousand five hundred years , but takes notice of other natural events less considerable ; and yet from the other we infer , changes of Empires , nay , Church and Religion . The Prophets never foretold of any Meteors , as not troubling their writings , with what could be foreseen by humane or natural means , For though Agabus , Acts 11. 18. foretold the Universal Famine twelve years after , in the time of Claudius Ceasar , yet he speaks not of the Ecclipse that fell then ; for that might be foreseen of a natural cause , and was foretold by Astrologers , but not the famine which could not be inferred by Eclipse , nor by any Comet , to presage evil . We grant natural virtues which reside in the Stars , besides enlightning ; for they were created four daies after the light , to warm and give vigor and life , and such good things . And indeed those natural signs , are rather marks of Gods favour than anger , Stars do submission to Man ; unhappy to none but such as believe them fatal and unlucky . Naturale est magis nova , quam magna , mirari . And that Comet at Christs birth , was Nero's death . Cometes summe bonus aparuit , qui praenuntius fuit , mortis magni illius Tyranni , & pestilentissimi hominis , saies Tacitus . False Predictions prove true to them that fear them , that is our superstition . The other extreme is Epicurism , which admireth not Gods works at all . Continual custome without some change in natural things , becomes less regardful . God scatters intermixtures to force man to admire . The sacred Chronology shews Gods admirable measures in the dispensations of time , more worthy than in the speculation of Astrologers . Nay even in humane History , more wise , than such Predictions ; for certainly a good Historian deserves better than a bad Prophet . After the appearance of this Comet , the same year died Q. Anne . A lingring sickness and fulness of humours brought her to a dropsie , and for recovery , she for some years before frequented the Bath , with continual Physick . But the disease come to the height , she took leave of this life at Hampton Court , Her Corps brought from thence to Somerset House , part of her Jointure , and at her proper charge lately rebuilt and beautifyed to this lustre it appears now ; and by her desire called Denmark house , from the name of that Kingdom , whence she had her Birth . And not long after with sumptuous ob●equies she was intombed at Westminster Abby in the chapel of Hen. 7. ordained for Royal Interments . A good Lady she was , and Sister to the King of Denmark , fetcht from thence by King Iames with great affection to her person , and being a Stranger to these Kingdoms , with Providence designed for her future fortune , she med●ed the less in Matters of State. A matchless pair , drawing evenly in all courses of honour , and both blessed with fair issue , because never loose from eithers Bed , abating that blemish , basely abusing her excellent virtue [ for loving my Lord of Pembroke ] a crime as false as odious in the Author , who yet concludes [ her character , a monument of virtue . ] I may not leave the Reader at random in the affairs of the Kirk of Scotland . How they boggled with the King when he was lost there , and so left them incorrigible , never intending to hazard his honour any more by granting General Assemblies . But he come home , unsatisfyed then , and after with their Synods , had sharply reproved them by Letters , which they excuse till one Assembly more might make tryal of their allegeance . The King gratious to be reconciled , adventures to grant them another General Assembly to be held at Perth , August 25. But enters upon them with this caution . That the affront offered his Royal self in the late meeting at Saint Andrews , gave him just reason to resolve never to grant any more General Assemblies , concerning the Churches policy ; what he hastily desired , and what they did was to do him injury ; He is yet over intreated by their Bishops to permit a new Convocation , who are now convened for the self same business , as before . Advising the Bishops not to admit the wonted , ignorant , and unruly multitude to overpower the more judicious . He having placed them overseers of the rest in the chiefest Rooms . He dislikes not the advice of the whole , and the greater the consent the better his content . But matters of this nature ( the Articles ) may yet be enjoined without them , by his own authority , as an innate power by his calling from God. Perswade them they may , to induce them by discretion in their duty to Him , wherein he will not be delayed , nor satisfied with their shifts , from their simple acceptation of those Articles sent unto them , the necessity whereof had better becomed them all to beg of him , than he to propone the practice upon them . What and how many abuses were offered to him by the Ministers before he came to the Crown of England , can hardly be forgot , nor likes he much to remember , sufficient by their disobedience to have separated his affection from them ; His patience for Gods cause forgiving and forgetting foul faults ; endeavouring to force from them better effects of his best purposes . He wishes that he be no more provoked , nor the truth of God which they profess any longer shadowed , under the Cloke of some of their seeming Saintlike holiness , shaking hands and joining hearts with such persons as by their tenents against Majestracy , uphold Popery . In sum , he craves God to witness on his part ; and let the World now at last see , their dutyful obedience to their dread Soveraign ; that so his care of their good may meet with zeal and affections in them , inferiour to no subjects of any Sovereign , and the glory of God and peace to his Church ; which is his earnest prayer for them all , unto whom he now and evermore commends them . James Rex . July 1618. We say not how much these might deserve from men holy minded , nor what tedious and weak Arguments , were reasoned ; which needed such a defence , as was fain to be published in answer to a Pamphlet set out against them . But truly shame of their trifling , and fear to offend , produced these effects , from which yet in aftertime they fled . That seeing the memory of all by-past superstitious and idolatrous worship of the sacraments by Papists is long since abolished ; Therefore in reverence of God , and due regard of so Divine a Mystery , and in remembrance of so mystical an Union , they think good , That the sacrament be celebrated hereafter meekly and reverently upon their knees . If any Christian visited with sickness , and thereby unable to receive the Holy communion at the Church ; and shall declare in his conscience his sicknes deadly , & desire to receive the same in his house ; the Minister shall not deny him so great comfort , there being three or four communicants to join with him , according to the Order of the Church . The Parents nor Pastor shall not defer the Baptism of infants longer than the next Sunday after the Birth , unless upon reasonable cause ; nor shall they use private Baptism in their Houses , but when great need requires ; and then the Minister shall not deny it , in the form as at Church , and the next Sunday declare the same , and that the infant ought to be received into Christs fold . That according to the primitive integrity , care was ever taken , for educating of children and catechising of them , now altogether neglected . The Minister shall therefore catechise them , and in the rehearsal of the Lords Prayer , Belief and ten commandments , as in the Church-catechism is used and expressed . And afterwards the said children shall be confirmed by Prayer and Blessing of the Bishop , for the continuance of the grace of God in them . That the inestimable benefits by our Saviours Birth , Passion , Resurrection , Ascension and sending down the Spirit , hath been at certain times remembred by the whole Church of the World ; And therefore the Minister shall observe those times , and form his Doctrine according to the Text purposely to be chosen , and proper for the day . These were thus obtained , proclaimed and obeyed , and to this day called , the five Articles of Perth , ratified in Parliament there , the next year , and the last Parliament of this Kings time ; when a monstrous storm thickned the face of Heaven , and the factious sort said , it was a sign of Gods anger against those Articles ; others in derision of that sense , said , it was rather an approbation from heaven , like thunder and lightning at the giving of the Law to Moses . The Bishops had much ado to go on to Action , for Papistry being a Disease of the Minde , and Puritanism of the Brain , the Antidote of both ought to be a grave and well-ordered Church , to reduce them either simply or wilfully erring . But those that were refractory and factious , got the more of the mad crew , swarming to such to seek the Communion , and to receive their Doctrine , and those that would not , were excommunicate upon every ordinary and frivolous occasion . Excommunication , the greatest Judgment upon Earth ; that which is ratified in Heaven , a precursory or prelasory Judgment of CHRIST in the end of the World ; and therefore not to be used irreverently , as an ordinary Process , derogate to Gods honour , and the power of the Keys contemtible . It is urged indeed not so much for the thing it self , as for the contumacy : and as God's judgment seizes on the least sin of the impenitent ; so Excommunication may in case issue out upon the smallest offence , and not upon the greatest , in another case . But are these contumacies such , as that the party ( as far as the eye of the Church can discern ) standeth in statu reprobationis & damnationis , given over to final impenitence ? It is therefore to be wished , that this Censure were restored to the true Divinity and use in cases of weight . To this purpose , a Bill was drawn in Parliament , 23 Eliz. the gravest Assembly of her time , and recommended by the gravest Counsellour , but for some politick Reasons was retarded . We reade of three degrees of Excommunication in the New Testament , the first called Nidui , A casting out of the Synod , Iohn 9. 22. A separation from all commerce , society , eating or drinking with any person , from the Marriage-bed , from washing ; and these according to the pleasure of the Judg , and quality of the offence , for thirty days or more : he may be present at divine Service , to teach or to learn others : if impenitent , his punishment was increased , doubling or trebling the Sentence for time , or to his death . His male-children were not circumcised . And if he died unrepentant , a stone was cast upon his Coffin , as deserving to be stoned : and was buried without lamentation or ceremony , and not in common Burial . The second was called Cherem , A giving over to Satan , 1 Cor. 5. 5. It differed from the first degree , because it was not sentenced in a private Court , but in the whole Church , and Maledictions and Curses added out of the Law of Moses . At the publishing Candles were lighted , and when the Curses were ended , then the Lights were extinct , even so the Excommunicate deprived of the Light of Heaven . And thus against the incestuous person , 1 Cor. 5. 5. and against Himenaeus and Alexander , 1 Tim. 1. 20. The third was named Maran-atha , viz. The Lord cometh : and was instituted ( they say ) by Enoch , Iud. 14. An Excommunication to death , and so the phrase , 1 Iohn 5. 16. There is a sin unto death , viz. to deserve Excommunication to death . In the Greek Church , four degrees of this Censure . 1. Those , who were onely barred the Lord's Table , all other benefits of the Church they might ; nay , to stand by and see the Communicants , and therefore called stantes . 2. But he is admitted into the Church , his place behinde the Pulpit , and must depart with the Catechumeni , such persons as were not yet baptized , and so might not pray with other Christians . 3. Degree , admitted but into the Church-porch , to hear , but not to pray with others , and therefore called Audientes . 4. Degree , such were onely permitted to stand quite without the Church , weeping and requesting those that entered in , to petition the Lord for mercy towards them , whence called Plorantes . So then they say , Cain's Censure was the first , and the last Enoch's . The three sorts were borrowed from the three sorts of uncleaness , which excluded people out of the three Camps . 1. Nidui , out of the Camp of God alone , those , defiled with the touch of the Dead . 2. Cherem , out of the Camp of God and Levi , defiled of an issue . 3. Maran-atha , out of all three Camps , God , Levi , Israel ; defiled with Leprosie . From the Iews , Greeks , and Latines , took the degrees of Excommunication . The Emperour of the House of Austria , with interwoven Marriages of Spain , ( as aforesaid ) had so settled the Empire from other interests , that no obstacle interposed their excessive ambition , but their jealousies of the Protestant Princes and States , whom they intend by degrees to reduce ; and in over-doing of this , began the German miserable Distractions . And because the Palatines too sudden accepting the Crown of Boheme was the immediat occasion , I shall let in the Reader into that story . The Kingdom of Boheme for many hundred years past , enjoyed Sanctuary and Privileges , to impower the free election of their King , which is manifest in their Chronicles , in many Bulls of their Emperours , in their Kings Reversal Letters , and divers other Examples and Antiquities . Sundry practices have been against this free Election , but never managed with more wiles than now . Matthias the Emperour two years before , had adopted Ferdinand his Uncles Son his Successour , but not to meddle with Sovereignty of a King , whilest Matthias lived : however , Ferdinand thus far set forward : himself makes way to the Dignity of Boheme ; and to prevent discovery from the incorporate Confederate Provinces , who have Voices in the Election ; he calls a Parliament forthwith , onely of the States of Boheme , with express denunciation , that in the Assembly , nothing should be consulted , but the choice of a new King. The Electoral Provinces , nor their Deputies , nor Ambassadours , not being present , the Assembly was not legal . The best of the States of Boheme therefore refuse to appear ; against whom was denounced such threats , as frightened them with hazard of their Heads , and so was procured a pretended Election , ( for the present ) and his Coronation assented , by the main party , Catholicks . The Crowning Kings in the life of another , was of late a sure policy , to unite those Kingdoms in the Austrian Family , contrary to the ancient custom of free Elections , which now , neith●r State durst oppose . To this end therefore , and to suppress all future free Elections , ( the Paladium of the Kingdom ) Ferdinand secretly compacts with the King of Spain , without consent of the States , and before his Election , or pretence to any interest . That the King of Spain , his Posterity , and Heirs , for want of Issue male of his Fathers Austrian Line , should succeed him in that Kingdom , contrary to the established Rules of Politicians , ( that no elected King hath power to alienate , without consent of the States ) this succession exposed them to the loss of all , and Religion also , and enabled him to enfeoff strangers into each Province , and into the inheritances of those Royally descended , high-born , illustrious Families ; and by which , as was then suspected ( and since came to pass ) he should easily seize the Dignity of the Crown Imperial , and so abolish the foundation of the Golden Bull and Form of Empire . This while , the aged Emperour keeps Court at Vienna , King Ferdinand at Gref in Steria : the Government of Boheme continues in such Counsellours as Matthias left there , chosen Ministers Catholick , who with the Arch-bishop of Prague endeavour to suppress the Protestants . The States Protestants assemble themselves to redress these injuries , backt with some Forces which they brought with them , and were opposed by the Emperour's Faction , whom they over-mastered and flung his chief Justice Slabala , his Secretary Fabritius , and others out of a Window of the Castle , down into the Court ; and being done in choller , excused by Apology to the Emperour . But on they go , raise force , and banish the Iesuit , and others of that Faction , whom they load with Complaints . The Emperour as forward , commits the command of two Armies unto Count Buquoy and Dampiere . The Protestants counter-force with two Bodies , severally under the Prince of Anholt , and under Count Thorn and Mansfeilt , skirmishing with different effects . Some Princes , King Iames and others interpose Mediations : and Ferdinand complains of the Bohemians obstinacy . They remonstrate former , undue Elections , and allege : That between a conditional King and his Subjects , there are reciprocal obligations ; the one Obedientia , the other Promissa . That he received the Scepter of the States , with thankfull remuneration , and royal grace to all ; to satisfie the desire of every one , and to deserve their love , and swears not to meddle with Government whilest Matthias lives . Notwithstanding he maintains the Wars of others , against the Bohemians , Moravians , and Silecians , and raised Terra Maria , against the Bahemians , sent for his own Army out of Steria , and pronounced the Protestant States of Boheme Traitors and Rebells , and declared himself Enemy to them all . That he banished the old President Cesal , directs all Councils , corrects the Decisians and Decrees Imperial , disposes the actions of Buquoy , as King and Lord of all , and dis-inclines all means of Peace with Ambassadours of all Provinces , who met at Prague , carefully consulting to recover Peace . That conditional elective Kings receive their royal Authority upon Oaths , their Sovereign power , Ex pacto , non ex jure : from the Subjects by concessions upon Covenant ; not by succession nor descent , as other Kings , who are so before they swear to their Subjects , and do swear because they are Kings , but are not Kings because they swear , the one born a Prince without his Subjects , the other made and given to be a King. The Oath of Elective Kings is , Et si ( quod absit ) in aliquibus Iuramentum meum violavero , Nullam mihi incole Regni , omniumque dominiorum unius cujusque gentis , obedientiam praestare delebant . And the Chancellour usually tells them . Quandoquidem viderunt Ordines , Majestatem regiam , pactis conventis stare nolle , non debere ait , ipsius Majestatem in malam partem interpetari , si Ordines obedientiam ipsius Majestate renuncient . These things thus a doing , the old Emperour dies , and Ferdinand now King of Hungary and Boheme , and adopted Heir of the Empire , meets at Franckford , ( by Summons ) with the three Electors , Men●z , Collen , and Trevours ; the other three Silecia , Moravia , and Lusatia , failing in their persons , sent their Representatives only , and so the Council chose him King of Romans , which the State of Bohemia disclaim , and of his being Elector as King of Bohemia , he never actually possessing the Crown . Their dis●entions could not lessen his Election to the Empire , yet they swore never to receive him their King. King Iames much troubled at these interruptions of Germany took himself to be much conce●ned in the hazard of the Protestant party , and the peace and danger of the Reformed Church , and therefore sent Hay , Viscount Doncaster , Ambassadour extraordinary to mediate with the Emperour and Bohemians ; but to little purpose ; The Emperour by means avoiding to receive him , knowing his errand , being to paliate what was grown too high for his Reconciliation , and removed his Gests , when Doncaster came but neer him ; so whilest King Iames hunted at New Market ; his Ambassadour coursed the Hare in Germany , but his business , through the crudity and raw initiation , took not the effect . Ferdinand fearing the Success of Ingagements , insinuates with the Germain Princes , and had possessed the Duke of Bavaria , and others . The poor Bohemians in this strait , and finding K. Iames an Inte●cessor , thought it policy to bring him into the List ; for having published their Declarations and Reasons , pronounced the Election of Ferdinand to be invalid and nul ; and the States of that Kingdom , and other Provinces , Elect by this Title The most Gracious , and the most Mighty Prince Lord Frederick , Count Palatine of the Rhine , and King of Bohemia . In the mean time King Iames consults with his Council , diversly affected to this Design of taking or refusing . Amongst them , see what our Abbot●ends ●ends to Secretary Nauton , not being able to come to Council . Good master Secretary , I have never more desired to be present at any Consultation , &c. My humble advice is , That there is no going back , but a countenancing of it against all the world , with ringing of Bells , and making Bonfires in London , so soon as it shall be certain of the Coronation . I am satisfyed in my conscience , the cause is just , having rejected that proud and bloody man , making that Kingdom not elective , and when God hath set up the Prince a Mark of honour to all Christendom , to propagate the Gospell and protect the distressed . I dare do not other , but to follow where God leads . It is a great honour to our King to have such a son to be made a K. and me thinks I do in this , and that of Hungary , foresee the work of God ; that by piece and piece the Kings of the Earth that give their power to the Beast , shall now leave the whore to Desolation as St. John saies . Our striking in will comfort the Bohemians , honour the Palsgrave , strengthen the Union , bring on the Dutch , stir up Denmark , and move his two Uncles , Prince of Orange and Duke of Buillon , together with Tremvile a rich Prince in France , to cast in their shares , and Hungary I hope will run the same fortune , and for mony and means to support the War , Providebit Deus . This from my Bed ; and when I can stand I hope to do better service . Geo. Cant. Sept. 12. 1619. Some regret there was in the Palsgrave ( as well might be ) to act without the consent of the King of Great Britain , and whilst his Ambassadours were treating a Peace ; but by perswasion of the Prince of Anholt , the Earl of Holloch , and Baron Done , with other their intimates he was at length intreated to accept of that golden Bait , a Crown , which was given to him freely , not without some regret , though by Others , such a Bit would be swallowed with damnation it self . And this was hastened upon him in August 1619. and his entrance into Prague the last of October , and his Coronation four daies after . But instantly posts the Baron to King Iames in excuse of all , either of too hasty acceptance , and neglect of his fatherly advice . King Iames ever averse from such undue Precipitations , for affections of the people to be ingaged at their pleasures , and to be a President to dispose of Soveraignty already established ; utterly refuses Done's Address , for a time , but dispatches Ambassadours to the Emperour , and to the States of the League and Covenant , not meddling with his Son in Law to advise or neglect him . Of this errand two are sent in joint Commission to Boheme , Sir Richard Weston ( after Lord Treasurer ) and Sir Edward Conway , not long after Secretary of State : Ferdinand , upon the News of his New Rival in the Kingdom , hastens this Proscription against the Palsgrave . We Ferdinando , &c. To all Electors , Princes , &c. But especially to the subjects of Frederick Count Palatine of the Rhene , Elector , &c. That Frederick Count Palatine of the Rhene , hath made himself head of that perfidious and rebellious crue of our Kingdome of Boheme , wherefore we proclame him guilty of High Treason , and Iterate Proscription , and of all the penalties , which by Law and Custome are depending thereon . We conclude him out of Our and the Imperial peace , and are firmly resolved to execute the said penalties upon him , as against one pub●ickly proscribed an Enemy and Adversary to us , and the Empire . Commanding you under pain of Life , not to give him aid , succour , assistance , mony , provision , munition , openly or covertly . And whoever is in pay , his Complices or Helpers , to forsake his service , and that the States dependant , alliances , subject , and his Vassals , shall not yield to him Obedience , nor partake to him of his crime , but to forsake him and assist us , to reduce him the Rebellious Frederick to obedience . And we absolve ye his Vassals from his protection , and from your Oath into our grace and favour , and whoever disobeys this our command , we declare him and them guilty of high Treason , and iterate Proscription , so well as himself . Given at Our City Vienna , &c. 1626. And now each Party take the field ; The Duke of Saxony for the Imperial Ban , with twenty five thousand Men reduced Lusatia . The Prince of Anholt General , and Holloch Lieutenant General for Boheme , and with these ( evenly powred ) the war went on , in that Kingdom . And to make it famous through the Western World ; Spinola forms an Army in Flanders , under Spains interest , but for that purpose , which King Iames suspected , and to be assured sent to Sir Thomas Edmonds his Ambassadour at Bruxels , to inquire ( for the truce of Spain and the Netherlands continued ) but Spinola's Commission was sealed up by the Spanish subtilty , not to open till the March of the Army of twenty thousand foot , and five thousand horse , which proved fatal to the Palatinate . The Spirits of the English began to bustle , Sir Horace Vere being here , and somewhat rusty since the peace with Spain , associating his Nephew the Earl of Oxford and Essex ( young and daring Spirits , saies one ) indeed so young they apprehend no danger , and so ignorant they knew not how to avoid it . Oxford the eighteenth Earl , and Lord High Chamberlain without intermission , from Awbry de Vere high Chamberlain to Henry the first ; Portgrave of London , and Lord Chief Justice of England . Discended from the Earls of Guisure ; the surname from Vere a Town in Zealand , his Son Awbry created Earl of Oxford by Henry 2. and High Chamberlain . The eighth Earl after him , was by Richard 2. created Duke of Ireland during life , and bore for that honour quarterly before his own cote , three Crowns or , a border Argent ; his own being quarterly Gu. and Or , upon the first a Mulletary . This man now was lately returned home from Travel in hope to recover his former debaucheries , but how improved implicite credit was to expect the Tryal . As for Essex then , he onely boid up by the people , upon his Fathers score , which we have told before . But made they were made by Our younger Brothers to fight , and a Regiment onely was raised , not I believe imagined for any goodly effects , but to bandy with the Kings Wisdom , who though not forward in this unjustifiable quarrel , yet not without co●nsel to act for the future . How madly some men urged the Kings interest , seeming so hasty , as to do the work at their own charge ? but being connived at , to try their intent , the good Earl of Essex had fifty brave fellows pinn'd upon him to pay them their pensions , besides his compleat number of his own company . These two brave Captains with the rest , raw-souldiers , adventured without fear under ( indeed ) the fame and fortune of that Right valourous , and truly expert man of Arms , Sir Horace Vere their Colonell , who must needs indure with patience , the toil he had to make them good Souldiers . Spinola had got the start , yet the English got over , ere he took leave of the Arch-Duke , but they followed at a distance , somewhat in danger to go too near ; and in August both forces were marching , the English had passage over the Rhine , by conduct of Prince Henry of Nassaw , with two thousand horse , and four hundred Musqueteers . But ere they came there , our raw English droop'd with eating honey , and lost not the Nick-name for some years after . Ninety four with Tents , Truncks and Luggage were left at Bac-rack , and they and the Town lost to Spinola , by former example of all other that had stood in his way , and with no more pains than his sudden summons . And had done so to all the English , if his Design to snap them had not miscarried by the boisterous stream of the Rhine , which wet his Waggons of Ammunition , and some of his Field-pieces disordered , and so escaped they to Franckford , the 24. of September . Then to Darmstat , a Town of Bohemia , and to Hessen , where Prince Henry and the Dutch , take leave of the English and return home to Holland . And here they joyn with fifteen hundred horse of the Princes of the Union and march to Reinshem , the nether Town of the Palatinate ; and the third of October joyn with the Army ; four thousand Horse , and six thousand Foot. Spinola at hand frightned them with a charge , but night afforded no light to sight , the next day to quarters for a Week , where the new Wine in the Must , grapes and fruits brought crudities upon their weak stomacks , till Spinola led them a Dance for Digestion as far as Keysers-Luther ; and the weather cold , the Nights long , disposed their necessities to several Garrisons , and the Forces of the Reformed Princes cooped up to their several places , whilest the Enemy carved to himself of the whole Countrey , the good English went thither to fight , and so came home again . In this mean time the two Generals encounter , Anholt for Bohemia , had the better , and scattered Bucquoys main Body , this was in the Spring . But in Autumn it fell out otherwise , for whiiest Spinola and the Princes were hunting each other on the Hills , the Duke of Bavaria joyns with Bucquoy and Tilly. Anholt and Mansfield got between them and Prague , but the Enemy breaks through , and routs the other into confusion and flight . Anholt and Holloch , the first that ●led to the King of Bohemia at Prague , and the next morning the ninth of November , they all fly for succour , the King and Queen with both our Ambassadours , Weston and Conway , as far as Limburgh , in their way to the Netherlands , and the Ambassadours by safe conduct returned back to Bohemia , where the conquering business took up more time than to spend with leasurely disputes , and so they came home again . The next Spring the Princes of the Union submit to the Emperour , so does Anholt , who is received into favour , and made one of his Generals . Mansfield not so capable , and being put to his shifts , doubles his brave Spirit with the necessity of his Fortune , hurrying several Countries with Forces of fourteen thousand men , for almost two years after , till he constrained them to offer him peace , which he accepts . Whilest King Iames sends to the Emperour by Ambassy of Sir Henry Wootten a Man fitted for Negotiation by his often imployments to Several States and Princes , and thus qualified he hath his Commission , passes by the Duke of Lovain in transitu ( for I find not he had any Credentials to him ) onely confers the Kings Christian intents , as one cumbred with the sad events of the Germane Troubles on this side ; and the French intents on the other , and so not improper for the King to study the passages of both . And out of his particular Commission to others he frames general Agruments to him , of the Kings innocency in the beginning of the Bohemian business , and his impartiality ever since , and so rendered his Master the first Mediator therein , being tyed in the conscience of a Christian King to prosecute the same , and in it peace to all . The Duke , a cunning and subtile Prince , told him , that the Princes of the Union would assure him , how his affections were in the cause , more he could not get out of him . His next was to the Arch-Duke Leopold ( of the Austrian family ) to him he had Letters , and tells him , That King Iames was cleer of all foreknowledge or counsells in the business of Bohemia , and also of the Pdlsgraves preceding practice , till it was laid upon him . That his Master continued equal to both parties , and was troubled , that there should be so great preparations for invading the Nether Palatinate , being the Patrimony of the Kings Descendants , no way commixt with the affairs of Bohemia . Perswades the Arch-Duke , as a Personage of power to keep those that were in action , from such precipitation , as might preclude all mediation of accord . He was answered , with the Arch-Dukes protestation ; That he believes the Kings cleernes , but of the Palsgrave he much doubts , accusing him of practice with the Bohemians , at the Emperours Election at Franckford , and more foully ( said he ) to introduce the Turk into Hungary . And conceived , the Marquess Spinola might have some aim upon the Lower Palatinate , assured the Emperours inclination to accord , but never without restitution of the usurped Kingdom ; a loss not of easy concoction , especially by the Palatine his subject . And excused the Emperours levies , for that there were likewise some English forces , designed , towards that place out of England , which was no fair way , if King Iames intended a Treaty . It was replyed by Wootton , That true it was , the Kings people , and some of the Nobility , had taken Alarm , upon a voice of that Invasion , and voluntarily meant to sacrifice themselves in that action ; but without the Kings concurrence of mony or command . And being ask ; he answered , he had no particular form of Accord to propose to the Emperour , for the King thought it necessary , to dispose the affections on both sides ; and so collect some measure of agreement without spending the honour of the King in vain Treaties . Then to the Community of Strasburgh and Ulme , who professed themselves in Newtrality , for it might be uncivil ( they said ) to offer their Counsels , where such Kings imploy their Wisdomes and Authority ; they would only contribute their prayers . The Duke of Wittenburgh , made large professions towards th● King of Bohemia ( as he called the Palatine ) of whose cleerness from practice , he could vindicate ; for visiting him presently upon his Election , he found him perplexed even to tears for to accept of the Kingdom , he was lyable to suspition , as to ambition , and if he refused , he feared the people would call in more then Christian aid , to the effusion of much bloud . And professed that no Prince of the Empire , should exceed his affection to defend the Palatinate , with all his power by bond of consederacy , and reason of State , lest any Stranger should neighbour him . He had likewise Commission to the Duke of Bavaria , whom he found in actual arms about Lintz . in the Upper Austria , and the Emperour at Vienna , with no success in those Messages . Yet still King Iames hoping that time it self , and the experience of vexation , might in some degree mollifie their affections , better to digest difficulties , he never refused by Ambassies to both sides , and to all other the intervenient Princes and States , to attempt that high work of Peace first ; and then afterwards of Restauration of the Palatinate , by other waies and means . The times when these Negotiations set forward , were usuall in the Kings progress or retirements from London to his Sports ( as was conceived ) but they were then chosen abroad for better leasure of business , even then when Kingdoms were in dispute . An art he had thus to cover his weightier Meditations , for most of his Dispatches were concluded in his hunting journies . Prince Charls now grown man ; the King had disposed to a Treaty for his Marriage with the Infanta of Spain ( some while since ) and Sir Walter Aston , sent thither Lieger to fit correspondence , and now conceived not improper to induce the restauration of the Palatinate by that means . However , it may be observed the evil success of all our former medling with that Nation in matters of marriages , so malignant , and disagreeing with ours . Let us ravel back to the memory of the Black Prince , a person of the greatest performance that Christendome can parrallel . Yet in his voyage to Spain to settle Don Piedro ; besides their monstrous ingratitude and perfidy to him then , caused also that miserable revolt in France by his absence , which lost us our Inheritance there , and his health ever after , his body either corrupted by the air , or by their Drugs impoisoned . And indeed their matches with the heirs and Princes of this Crown , for above six score years , having been no where else ( except the second Marriages of Henry the eight ) were alwaies unhappy . Prince Arthurs sudden death , left his Widow to his wicked Brother , with whom God was less pleased , as the Match was more unlawful ; and therefore not a Male was left of their race , only one Daughter , in whose short reign of six years , was more bloodshed for the true Religion , than for the false in sixty years , she adventuring to marry there also , this discontented Nation ; fell into insurrections , Treasons , Wiats Rebellion , and therefore her Husband Ph●lip , suspecting the future effects , forsook her ; who lost Callis to the French in six daies that the English had enjoyed 200. years ; but altogether , broke her heart , and she dyed . Now to parallel these foreign Matches with those at home to our own Subjects , the first being by Edward the fourth , and the last with Henry the eight , from which two , Gods blessing brought forth two Queens Elizabeths ; such instruments of his Glory , Peace in the Land , and Religion in the Church , as never could produce greater examples of Happiness to England , until this of King Iames , who brought hither them both with him . But for settling affairs at Home , for his purpose abroad , he resolves of a Parliament [ which he had thought ( saies one ) to lay them by for ever as incroachers upon his prerogative , and diminishers of his Majesties glory , making Kings less , and subjects more than they are . ] Certainly he had good intelligence from the Kings thoughts or else the Man had a Devilish revelation , to prophesy the effects , for such they proved to be afterwards . But in truth , the people were grown high fed , with plenty and peace , and pretending their zeal for regaining the Palatinate , were wilde for a War , with any body for any thing . The King willing to let blood in that vein , meant to make it his purpose , and to get money to boot . Some sheets of paper together , is wasted by Our adversary to let in his Reader into that Parliament , [ he saies , That for the Spanish faction was Arundel , Worcester , Digby , Calvert , Weston , and others Popishly affected , with Buckingham , and all his Train . The Duke of Lenox , Marquess Hamilton ; and Earl of Pembroke , their Antagonists . Such and so few were they , not in anger against the King , but against his Ministers ( a plea evermore borrowed by practical people against their Sovereigns Proceedings . ) The Papists flourished by Gondamores power with the Ladies of England , their Nieces and Daughters , presenting him in their Balconies in Drury-Lane , and the Strand ( long before any were quilt in those places ) and himself in a Litter ; but was only accosted by the Lady Jacob with a gaping Yawn , telling his servant that came on the Errand to know the meaning , that she had a Mouth to be stopt too ; which Gondamore closed with a present . That this Lady was a Bawd to the beauties , and poor fortunes of young Gentlewomen , whose parents sent them up hither for preferment , and saies , that for respects to their posterities he will spare to name their persons . It seems , he was Pimp-Major to them all . How does this di●●ecting become his grave Proeme ( if it be his own ) where he saies , Histories are like Anatomies ; if ignorance or malice attempt to hack , hew , or bespatter it , it will be most inhumane , &c. And so dissect and open their own follies , &c. They must not cauterize and flash with malice , & c ? Therefore he that censures others , and vents them for truth , digs in the bowels of another , and wounds himself . And yet ( as he saies ) though he fly high and may rove , he is sure not to light far from the mark . So he there in his proeme . He goes on in his History , and tells us , That the Earl of Buckingham , now Marquess rules all , That the King bought of Worster to make the Marquess Master of the Horse . ] But in truth , that antient Earl being Chamberlain also to the Queens Houshold , could not attend that service , and wait abroad upon the King , and it was therefore his own suit , and Buckingham paid him for parting with it , and so was made Master of the Horse . The place of Marquess is the next in honour to a Duke , the title came but of late daies , the first was by Richard 2. upon Robert de Vere Marquess of Dublin ; and so it became a Title of honour ; for before that time , they were called Lords Marchers and not Marquesses . After the Conquest ( as in policy ) they were resident upon the Confines and Borders of the Welch , and other places not subdued ; Men of valour , of high blood of the Normans , with the name and privileges of Earls of Chester . And for the Nort Borders of Wales to be Count Palatines . And the Barons of the Middle part of the South-Marches were adorned in a manner with a Palatine Jurisdiction , having a Court of Chancery , and Writs among themselves pleadable , least their attendance abroad might be prejudicial at home . And as for the other part of the South-Marches , they seemed sufficiently , defended with the River Severn and the Sea. By these Ascents our Marquess Buckingham climbs to succeed at this time a good and gallant old Earl of Nottingham Admiral , who being almost Bedrid , made Suit to the King that he might dispose of his place , as a Legacy in his life time upon Buckingham ; which was so done , and who to my Knowledge went in person to him , and acknowledged the kindness , and his young Lady was presented with a Noble and valuable Reward 30001. besides a pension of one thousand pound per annum during his life , and this was done with so much love and liking , that I have often observed Buckinghams great Civility ever after , at meetings to call him Father , and bend his knee , without the least regret of that Lord , that gained more by the bargain . And because Sir Robert Mansel , a dependant of Nottingham , had the place of Vice-Admiral , at pleasure only ; Buckingham , for his Lords sake continued him so by Patent during his life ; for which courtesy the good old man came himself to give thanks ( as I remember ) the last Complyment his age gave him leave to present . And thus was this office of honour , and safety to the Kingdom , ordered from the command of a decrepit old man , to a proper , young , and active Lord , strengthened with the abilities o● an experienced Assistant , without deserving qu●r●el of our carping Pamphleter . A●ter Suffolk , the weight and charge of the Treasurers Staff , was conferred upon the Lord Chief Justice Sir Henry Mountague Viscount Mandevile , Son of Sir Edward Mountague of Bolton in the County of Northampton ( Son of another Sir Edward likewise Chief Justice ) who had three Sons , Edward the eldest , Knight of the Bath , bred up in the Wars , a faithful Noble stout Commander . Iames that reverend , eloquent and learned Bishop of Winchester , a man so highly in favour and esteem with this King his Master , that he had the honour of the Bed-chamber , which no Prelate ever enjoyed from any King. This Henry was created Baron of Kimbolton , Viscount Mandevile , and Lord Treasurer in 1620 : Afterwards Pre●ident of the Council , and the first year of King Charles Earl of Manchester , and Lord Privy Seal , and dyed after the entrance of the long Parliament , 1643. A man of singular learning in the Laws , his Wisdome and experience deserving those high places of Trust and honour . He married three wives , Katherine the Daughter of Sir William Spencer in Oxon , by whom he had five sons and four daughters ; Edward the eldest Viscount Mandevile , Knight of the Bath , Walter , Iames , Charls , and Henry . His second Wife Ann Wincol of Suffolk , Widow to Alderman Holyday , Lord Major of London , by whom he had issue . His third Wife was Daughter of Iohn Crowch of Cornbury , in the County of Hartford , Widow of Iohn Hare of the Court of Wards , by whom he had issue George and Sydney , men of eminent vertues now living , 1655. Our Historian tells us , of the swarming of Jesuits , That our Counsellors of State , and Secretaries , were Counselors to the Pope and of a Divelish Sermon before the King , which he ( the Lyar ) saw and heard ( if the King did not ) for Bishop Neal would always ingrosse the Kings ears with baudy Tales . This his Discourse , smells too rank ( he saies ) and craves excuse , having had hammerings and conflicts within himself to leave it out ( and yet goes on with his baseness ) and tells us , that this Bishops hand closed up the Countess of Essex's virginity , and that such like practices as these gave an after period to that Hierarchy . Then follows , [ a Tale of the female Iesuitrices in England , an Order ( he says ) first framed in Flanders , by two women , Mrs. Ward , and Mrs. Twily , clothed in Ignatian habit , supported by three Fathers , Gerard , Flack and Moor , to preach their Gospel to their Sect in England , and two hundred English Damosels of great Birth and quality sent of the Errand , and for the truth of all produces a Proselyte Turn-coat , of any Religion , and every Trade , that tells this story in the Spanish Pilgrime , which our Adversary recites to grace his History . The Iesuits indeed are bad enough , but to cope them with our Counsellours of State , and other Tales with no better Authority , we may herein minde our Authour , Not to bely the Devil . Sir Francis Cottington , Resident in Spain , had the conveniency three years before , to discover the affairs of those parts , and gave intelligence hither , of the increase of Pirates in the Mediterranean Sea , their whole Fleet then consisting of fourty tall Ships , of two hundred , and four hundred Tuns , in two Squadrons ; the one remaining before Malago , the other about the Cape St : Maria , between Lisbone and Sevile . That within the Streights they entered the Road of Mostil , a Town by Malago ; beat down the Castle , and had taken the Town , but for succour of Souldiers that came from Granado ; yet they took divers Ships , and four of the West of England , two other of ours that ran on shore they burnt also ; and absol●tely perverting our Trade into Spain . These at Cape St. Maria , met with seven Sail of London , five they took , and two e●caped . They are usually manned with Turks and Spanish Moriscoes , and attend the coming of the West India Fleet , then commanded by Don Iohn Faxardo . Upon this occasion the State of Spain moved King Iames to joyn some Sea-forces for their suppression , as the common Enemy of Christendom . And indeed those courses of the Pirates do but exercise the Forces of Spain by Sea , without any great hurt , the most dammage falls upon the Trade of Merchants thither , of which the English will be the greatest number , and so of Sufferers . The last year the Hollander having leave of Spain , for certain of their Ships armed against the Pirates , to have safe recourse thither , but instead of offending them , sold to Algier as much Powder and Ammunition as ever since hath furnished the Pirates Fleets . By which means now grown formidable , few Merchant-men escaping them ; th● strong Town of Algier upon the Coast of Barbary countenancing their Thievery , and depending on the Turks Protection ; yet so cunningly contrived ; as not to be seen to protect them , that all Christian Ambassadours concerned herein , and complaining at Constantinople , could have no redress . And therefore , it was now concluded to conjoyn Forces of Christendom to free that Sea. In so much that they in some fear eighteen of the chie●est Pirates in the Levant authorized the Viscount L' Orme , and one De la Pomeray , Frenchmen , to search for their pardon , and to come in with all their Shipping , offering to the English ( mostly concerned therein ) for retribution of this grace , fourty and five thousand pound sterling ; but this was negotiated onely by their Emissary La Forest at Bruxels unto our Agent there , Sir William Trom●all , on purpose to tempt us and the French , unto whom the like was offered , from joyning with others to ruine them , but was therefore attempted by all . And for the English was sent Sir Robert Mans●● Vice-Admiral of the Narrow Seas , with a Fleet this year . And arriving in May with expectation of other Assistants , they all failing to any purpose , his noble heart disdaining to return without Attempts . He first furnished two Prizes ( which he took by the way ) three Brigandines , and a Boat with Fire-locks , and combustible materials for bu●ning the Pirates Ships in the Harb●r , ( who were all come home from Sea , and got in for safety within the Mole ) Mansel having trained his men in the execution of their several Du●●es , and likewise appointed a Squadron of Boats with small Shot to rescue the Vessels of Execution both in the Advancement and Retreat . The 21. of May , the Vessels of Execution were all advanced , but by reason of contrary windes were presently commanded to retire . The next two nights , being likewise in readiness they were becalmed , and could execute nothing . The fourth night , with a fair Gale being advanced again , and the Fire-ships , almost recovered the Mouth of the Mole , the winde turned to the opposite point of the Compass . The Boats performed their Direction in towing the Ships , but considering , that by continuance of this course , they should expose our principal men to hazard , by the Ordnance and small Shot that played upon them , they debate therefore amongst themselves what to do . Captain Hughes that commanded one of the Brigandines , replied , Go on , and give attempt by the Boats , which they did , crying out King Iames , and fearless of danger , even in the mouth of the Cannon and small Shot , which showred like Hail upon them ; the English fired the Enemies Ships in sundry places , and maintained the fight to the delight of their fellow-shipping that were lookers on , so long as powder remained ; striving in the end , who should have the honour to come off last , which was left to the Captain Hugh●s , and so retired only with the loss only of 20 men , and leaving the fire flaming up in 7 several places . The cowardly Turks , who before dur●● not shew themselves to these weak forces , but from the Walls and tops of houses , so soon as the English were retyred , opened their ports , and sallied out a thousand , and so by help of Multitudes and a sudden shore of rain , and a calm , the fire was extinguished , making some of their Ships unserviceable . In which time of Service only one Frygat came out of the Moal , which was forced back upon the Shore ; sunck one of their best men of War , being manned with one hundred thirty Turks , and twelve Christians , whereof twelve onely escaped . And took also a Fly-boat ( which the Pyrates had formerly taken from the Christians ) which was sold to Leghorn , her merchandize to be exchanged for Pyrats goods , and some money , above two thousand pound Sterling . The Turks manned out 3. Gallies to rescue her , but were beaten by the help of the 3. Brigandines , sent out to her succour . Ten daies together the English attended opportunity to send in the Ships with the fire-Works , to finish the former service , done by the Boats , but not a breath of Wind happened fitting for the Work , So that in this time the Pyrates had boomed up the Moles with Masts and Raffs , and set a double Guard upon all their Ships● planted more Ordnance , manned out twenty Boats to guar●●●he Booms , and sent out Gallies and Boats for Intelligence hereof , East and West-ward to all Ships abroad , not to come in during the English abode ; which made Mansel retire , with all his Ships and Merchants assisting him , into the Road of Alegant , where he received Order from hence , over land to return home and to intrust four of the Kings ships into the hands of Captain Rogers ; and not long after the Plague and infection possessing his Fleet , he was forced to return home , without any other assistance . The time come and Parliament sit in Ianuary ; The King enters them thus ; My Lords , and you the Commons , CUi multiloquio non de est peccatum . In my last Parliament I made long Speeches to the lower House ; I have piped to you , and you have not danced ; I have mourned , and ye have not lamented . And wills them to apply it to themselves , not to spend long Speches . That a Parliament is composed of a Head and a Body ; the Monarch and Estates ; first a Monarch , then after a Parliament ( No Parliaments but in Monarchies ; for in Venice , and Netherlands there 's none ) and Parliaments duties is to treat of Difficulties , and to Counsel their King ; To make Laws for the Common-wealth , and the Lower House to petition the King , with knowledge of their grievances , but not to meddle with the Kings Prerogative . They are to supply his necessities , and he in recompence , distributes his Justice and mercy . It is the Kings Office to make good Laws ( whose fundamental is the peoples ill manners , and so at this time , new abuses and incroaching Crafts . The Religious Laws are enough , consisting only of Perswasion and Compulsion ; and Gods blessing : Priests , Puritans and Sectaries , errours of the right and left hand , are forward enough their way . Let Bishops be as bold by good examples and preaching , but compulsion binds the conscience . There is talk of the Match with Spain : However he will never proceed but to Gods glory and Subjects content . And for their supply of his Necessities ; tells them of their eighteen years peace and plenty , and yet he hath received far less assistance than any King since the Conquest . Queen Elizabeth had communibus annis , above one hundred thousand pounds a year in subsidies : and he had in all his time but four subsidies and six fifteens , and it is ten years since he had any ; that he hath been sparing to trouble them , or to spend himself , abated in his Houshold , in his Navies , and Munition , changed an old Admiral for a young Man , whose honesty and care hath lessned that charge . Tells them , he is not the Cause of Dissentions in Christendom but rather sent Doncaster to appease them , at the charge of three thousand five hundred pounds . His Son-in-Law sent indeed for his advice , and accepts the Crown three daies after , which the King never approved of for three reasons . 1. Religion , not as the Jesuits to dispose and overthrow Kingdoms , but with our Saviour to uphold . 2. He was no judge , and ignorant of those laws , Quis te judicem fecit ? 3. That he treated a Peace , and will not be party , yet he left not to preserve his Childrens patrimony , and accounts to them his Receipts for that purpose , and how disposed . He borrowed of his Brother of Denmark 7500.l . And of his own added 2500 And sent this to his Son   And to the Princes to hearten them 30000 Total 40000l . That had the Princes done their parts his handful of men had not failed , and now he must be fain to perswade , unless a strong hand assist , and purposes to provide a strong Army next Summer , and desires them to consider his necessities ; qui cito , bis dat . And shews his equity to them , in course of Law never obstructing Ju●gement , by message or Sentence . W●shes them to consider advance of Trade , and why his Mint hath stood still the●e nine years ; confesses his Royal heart liberal in Gran●s ; but being informed he will amend any grievance ; but yet he tells them , that who ever hastens after grievances , and neglects all other business of greater moment , hath the Spirit of Sa●an ; for himself will reform any errour ; and desires that the world may speak well of their mutual agreeing . Thus much in effect the King told them , and which prepared their wild resolutions , to strike at Prerogative now , to undermine it , only by qu●rrelling with the Kings best Ministers and whilest these bandy in the Lower House ; the King proceeds in his Publick course , concerning Germany , and forthwith sends the Lord Dig●y , extraordinary to the Emperour for a posi●ive answer for rendition of the Palatinate by force or friendship . These businesses abroad and expence at home brings him to accompt with his Exchequer , where he finds his Exits increased the Incomes , and intending the best Husbandry to piece out the expence , He changes his Treasurer Mountague , for other preferments of honour and profit , and puts in Sir Lionel Cranfield [ upon no other merit ( saies one ) but for marrying the Marquesses Kin ] such Another saies more . But I find him of an antient family in Gloucester-shire , and being bred a Merchant Adventurer of London , and other his extraordinary qualities , in that and other Commendable wayes , became useful to the State also . And first had the honour of Knight-hood , then the custody of the Kings Wardrobes , afterwards Master of the Court of Wards and Liveries , and now Lord Treasurer , and created Earl of Middlesex . Some busie Barons had gotten together a gang of Discontents , of several Titles , and framed a petition , and their hands to it ; with this General Title . The humble Petition of the Nobility of ENGLAND . SHEWETH , THat whereas your Majesty by importunity of some natural subjects of England , hath conferred upon them Honours , Titles , and Dignities , peculiar to other your Majesties Dominions , by which the Nobility of this Realm find themselvs prejudiced . Our humble desire is , that with your allowance we may challenge and preserve our Birth-rights , withont any notice of those Titulars to our Prejudice ; and to be excused to deny them the respect or place as to Noble men Strangers . Seeing that these being our Countrymen , born and abide here , have yet procured their Translation into foreign names onely to our injury . But in this address , we meddle not to limit or interprete the power of your Soveraignty ( being the root whence all Honor receives Sap , under what title soever ) to collate what you please upon whom , and how you please . The Subsigners were , Oxford , Essex , Warwick , Abergaveny , Dacres , Darcy , Sheffield , Cr●mwel , Scroop , Sturton , St. Iohn , Paget , Dudley , Spencer , Say. The Barons indeed came behind , but few Earls had cause so to complain . And it was Say ( I remember well ) the Ring-leader of all , though the last in Ranck , and least in prejudice . But his prejudice and subtilty , steered the way to the rest , who having a loose Brother amongst them ( perhaps many more ) stole the Copy to the King , and betrayed their intentions , before it was well-moulded . The King wisely sent for them a sunder , and roughly told them , their Petition was sawcy , but ended humbly ; concluding themselves , not to expostulate his power or pleasure , which if any of them sought to question , they should soon find the effects ; but the first Man declined it , as brought in by the buy , and so did the second and third ; the rest took pattern from their submission , and here was an end of that ranting Petition ; for our Author would enforce belief , That the King pulled up his Spirits , when he told Essex , He feared him not with his fourty ▪ thousand men ; But the Proverb alludes in scorn to the folly of the French , Oh the King of France and fourty thousand men , and then with more disdam on Essex . Hereupon the Commons take example , and Petitions are framed , as from the people , but indicted by the Parliament : A custom which the Commons house in those times took up to make business , rather than be idle . And first they fall upon Patents for Inns , Ale-houses , Gold and Silver Thread counterfeit , ( pretious matter to spend time , being now to quarrel with the Empire . ) The last of them , Our Historian saies [ was of sophisticate materials , engrossing all the Trade of that Ages vanity ( onely in Gold and Silver Lace ) and so poisonous were the Druggs of the Composition , that rotted hands and arms , with lameness upon the very work-folks , loss of their Eyes and Lives , by venome of the vapors that came from it ] ah abominable un truth ! The Patron of this Patent was an honourable Lord , though led aside by Instruments whom he trusted . Indeed a Pragmatick Lawyer , whose weakness in that Profession came behind the ordinary Practisers , and therefore he got a Privilege and Prerogative to be first heard at the Bar , and was nick-named Prerogative Pleader , until a witty Judge told him , he should have the first Motion , but not to be granted at all . Sir Giles Mompeson , the Patentee for Inns. Sir Francis Michel for Ale-houses , two corrupt Justices of the Peace . It were wished that they might have been the last of that race . But these Patents taking up more time in the Disquisition , than their serious business should permit , the King rouses the Lords to their Sentence of them with this Speech . MY LORDS , THE last time I inform'd you , the Verity of my Proceedings , a●d caution , in passing these Patents in question , by way of Declaration , and now to expresse my desire , to have your sentence and execution , against Mompesson , who though he be fled , my Proclamation pursued him , and shall be as earnest to see your sentence against him executed . And tells them his Reasons : 1. That there being a Politique Marriage betwixt Him and his people , he is in duty to God , tyed to the care of good government . And had these things been complained of before , he would have redressed them sooner : Remembring them what he hath often said , That no private person should be respected before the publique good , not only of the whole Common-weal , but even of a particular Corporation , that is but a member of it . 2. That he intends not to infringe but to satisfie the House Liberties , for never any King did so much for them , and will doe more ; and assures them that the Presidents of former good government shall warrant them to him . Acknowledging them the Supream Court of Iustice , Himself as present by Representation . And to add to their Honour ; he hath made the Prince a member amongst them : Professes the love and respect he hath received from the Lower House , in their proceedings . And always the like from the Lords , especially by relation of his son , of them all in general and particular ; and the like ( he said ) by One that sits there , Buckingham , a proof whereof the Earl of Arundel witnessed in his report to them , of the privileges of Nobility , how earnest he was therein . Acknowledges the free gift of this Parliament of two Subsidies , and so accepted by him , which he will re●ribute by a General Pardon , at the end of the Parliament , and will do somewhat in ease of the people till then . As for the Ale-Houses , he refers to the Iustices of Peace . For the Gold and Silver Thread , he damm's the Patent , which may serve for a Pardon to the Actors therein . Another Bill against Informers , he desires may be put to an end , for ( he sayes ) that heretofore he hath shewed in Starre-Chamber his dislike of such people . And that Buckingham told him , that since this Parliament , he was not haunted with such spirits , as usually he had been vexed . Tells them plainly , he is assured , That this external Government for learned Iudges , and hopes honest administration of Iustice , and with Peace and Plenty , yields to every one safety under his Vine and Fig-tree ; yet he understands his Subjects vexations by vile execution of Projects , Patents , Bills of Conformity , and such like , which more exhaust the peoples purses than Subsidies . Then he comes close to the Lords , the effect of his errand , He advises them of their Iudgement ; Agere bonum , & bene bonum is good proof before Iudgement . Bene is the formality and legality to advise with the Iudges , so the ground good , the form orderly , it will befit the Court of Parliament . The Sentence he observes in two parts ; that which is worthy the Iudging and censuring ; And secondly , to proceed as against these Delinquents , so against such like crimes . Complaints are of passion , justly distinguish , innocent from guilt , and do it legally ; for Moral Reason supposes , breach of Laws , standing in force , otherwise they punish by predestination . And concludes , against his late Atturney General , Sir Henry Yelverton Prisoner in the Tower , upon Sentence in Star-chamber . That he being accused besides concerning a Warrant - dormant ; he freely delivers him over unto their Iudgement . Thus we see what the King sayes ; But as in this Speech , so in all others of his , our Historian fails not to let in his conceited descant , not worth the Dispute , and excuses Yelverton , as he does all Offenders against the King. Sir Henry Yelverton was Atturney General , and by his place of Imployment , it was his duty to mann●ge the charge of Impeachments against Somerset , or any Subject whatsoever without dispute , which yet he refused , as receiving that place by his favour ; for which contempt to the Kings service , not without more than suspition of concealment of some passages concerning Overburies death ; he was for those reasons ( and deservedly ) by the whole Court of Star Chamber , unanimously sentenced , and so of course committed to the Tower , close Prisoner ; where we are to be perswaded also by the Pamphleter , That the Lieutenant of the Tower Balfore , admits Buckingham to treat with him in prison , and then to piece out a peace between them both . Certainly , Yelverton had law to teach him ( or any other Prisoner of Reason ) that this was Treason in Balfore , and in Buckingham also to attempt . And therefore to cleer it , Balfore himself hath since avowed to a Prisoner , sometime under his Guard , that there was never any such act done by Buckingham , or any other by his permission . But afterwards upon Yelvertons humble submission for his former fault , and his innocency ( in some doubts ) cleered from other suspitions , he was set at Liberty . And in truth according to the merit of the Man , he was afterwards intrusted with the judgement Seat. But what was this secret information , which we are told he should tell Buckingham ? That which the King spake in Parliament , viz. Not to spare any that was dearest , or lay in his bosome , by which he pointed to you , saies Yelverton ( meaning Buckingham . ) And must Buckingham adventure his and the Lieutenants head to learn this news ; which no doubt the Favourite heard before , being at the Kings elboe . And this discourse pretended by our Pamphleter betwixt Buckingham , and Yelverton in the Tower , our Historian himself , that passes by nothing to pick his cavils , suspects the truth thereof . But will nothing satisfy but Yelvertons own hand , see what he sayes in his Letter to Buckingham upon his return out of Spain ? dated the fifteenth of March , 1623. Which we enter here . May it please your Grace , MY humble heart , &c. will be glad to expiate my errours at any rate , &c. Your noble Heart , ( I hope ) harbours no memory of what I gave distast , your own merits , which have so much enobled you , will be the more compleat . If I seek your Grace before I deserve it , enable me I beseech you to deserve that I may seek . If any , on whom you have cast your eye most , endear himself more to your service then I shall ; let me not follow the vintage at all . Till this day I feared the relish of sour grapes , though I have sought you with many broken sleeps , but this Noble Earl ( whose honour ▪ for this work shall ever with me be second to yours ) hath revived me with assurance of your Graces pardon and liberty , to hope I may be deemed your Servant . I protest to God , it is not the affluence of your honour makes me joy in it , not the power of your Grace , that trains me on to seek it , but let the tryal of your fortunes speak thus much for me , that I will follow you , not as Cyrus his Captains and Souldiers followed him for Spoil or place , but if with safety to your Grace , though with peril to my self I may serve you , let me die if I do it not , rather than want longer , what my humble love ever led me to , and still to affect the honour to be , Yours , &c. Henry Yelverton . This if he were guilty , was very ingenuous , if innocent , most base . Sir Francis Michel , for his crimes concerning his undue Execution of his Justiceship of the Peace , is degraded the honour of Knighthood , and rode with his face to the Horse-tail through the strand . The same sentence had Mompeson of his Inns , but he runs away out of their reach as far as France . In this Parliament of searching the sores of Complaints appears the Chancelour Sir Francis Bacon to his censure for Bribery and Extortion , but to mollify the Sentence , he submits and supplicates the Lords in Parliament , and because you shall see what he could say , I shall set it down at length very witty and worth the reading . To the Right Honourable the Lords of the Parliament , the Vpper House assembled . The humble submission and supplication of the Lord Chancellour . May it please your Lordships , I Shall humbly crave at your hands benign interpretation of that which I shall now write , for words that come from wasted Spirits , and oppressed minds are more safe for being deposited to a noble Construction , than being circled with any reserved caution . This being moved ( & ● I hope obtained of ) your Lordships as a protection to all that I say I shall go on but with a very strange entrance , as may seem to your Lordships at first ; for in the midst of a State of as great affection as I think a mortal man can endure honour being above life I shall begin with the professing of gladness in some things . The first is that hereafter the greatnesss of a Iudge or Magistrate shall be no sanctuary or protection to him against guiltiness , which is the beginning of a golden work . The next that after this example , it is like that Iudges will flie from any thing in the likeness of corruption , without it were a great distance , as from a Serpent which tends to the purging of the Courts of Iustice and reducing them to their true honour and splendour . And in these two points God is my witness I thought it be my fortune to be the anvil upon which these two are broken and wrought , I take no small comfort but to pass from the motions of my heart wherof God is my Iudge to the merits of my cause , whereof your Lordships are Iudges under God , and his Lieutenant ; I do understand there hath been expected from me some Iustification , and therefore I have chosen one onely Iustification , instead of all others out of the Iustifications of Job , for after the dear submission and confession , which I shall now make unto your Lordships , I hope I may say , and justify with Job , in these words , I have not hid my sin as did Adam , nor consealed my faults , in my bosom ; this is the only Iustification , which I will use . It resteth therefore that without Fig-leaves , I do ingenuously confess , and acknowledge that having understood the particulars of the charge not formerly from the house , but enough to inform my conscience and memory , I finde matter sufficient and full both to move me to desert my defence , and to move your Lordships to condemn and censure me , neither will I trouble your Lordships by singling these particulars to which I think I might fall off . Quid te exempla juvant spinis de pluribus una ? Neither will I promise your Lordships to observe upon the proofs where they come not home , or the scruple touching the credits of the Witness ; neither will I represent to your Lordships , how for a defence I might in divers things extenuate the offence , in respect of the time and manner of the guilt , and the like circumstances , but only leave these things to spring out of your more noble thoughts and observations of the evidence and examinations themselves , and charitably to wind about the particulars of the charge , as God shall put into your minds , and so submit my self wholly to your piety and grace . And now I have spoken unto your Lordships as Iudges , I shall say a few words unto you as Peers and Prelates , humbly commending my cause to your noble minds and magnanimous affections . Your Lordships are not simply Iudges , but Parliamentary Iudges , you have a further extent of arbitrary power than other Courts , and you are not tyed by ordinary course of Courts or Presidents , in points of Strickness , and severity , much less in points of mercy , and yet if any thing which I shall move might be contrary to your honorable and worthy end , the entroducing a reformation , I should not seek it , but herein I beseech your Lordships to give me leave to tell you a story . Titus Manlius took his Sons life for giving battail against the prohibition of his General ; not many years the like severity was persued by Papinius Cursor the Dictator , against Quintus Maximus , who being upon the point to be sentenced , was , by the intercession of some particular person of the Senate , spared ; whereupon Livie maketh this grave and gratious observation , Neque minus formata est disciplina militaris periculo Quinti Maximi quam miserabili , supplicio Titi Manlii ; The Discipline of War was no less established by the questioning of Quintus Maximus , than by the punishment of Titus Manlius , and the same reason is in the reformation of Iustice : for the questioning of men in eminent places hath the same terror , though not the same rigor with the punishment . But my cause staies not there , for my humble desire is , that his Majesty would take the seal into his own hands , which is a great downfal , and may serve , I hope , in it self for an expiation of my faults . Therefore if mercy and mitigation be in your Lordships power and no way cross your ends , why should not I hope of favour and commiseration . Your Lordships will be pleased to behold your chief pattern , the King our Sovereign , a King of incomparable clemency , and whose heart is inscruteable for wisdome and goodness . And your Lordships will remember there sat not these hundred years before a Prince in your House , and nevee such a Prince , whose presence deserves to be made memoriable by Records and Acts , mixt with mercy and Iustice. Your selves are either Nobles ( and compassion ever beateth in the veins of noble blood ) or reverend Prelates , who are the servants of him that would not break the brused Reed nor quench the smoking flax . You all sit upon an high Stage , and therefore cannot but be senseable of the changes of humane condition , and of the fall of any from high place . Neither will your Lordships forget , that there are Vitia Temporis , as well as Vitia Hominis ; and the beginning of Reformation hath the contrary power to the Pool of Bethesda ; for that had strength to cure him only that was first cast in , and this hath strength to hurt him only that is first cast in , and for my part I wish it might stay there and go no further . Lastly , I assure my self your Lordships have a noble feeling of me as a member of your own body , and one that in this very Session had some taste of your loving affection , which I hope was not a lightning before the death of them , but rather a spark of that grace , which now in the conclusion will more appear . And therefore my humble sute to your Lordships is , That my penitent submission may be my Sentence , the loss of my Seal , my punishment , and that your Lordships will recommend me to his Majesties pardon for all that is past . Gods holy Spirit be amongst you . Your Lordships humble Servant and Suppliant , Fran. St. Albons Canc. April 22. This Petition found the full effects , pity and compassion from all , procured pardon also from the King , with the loss only of his Peerage and Seal ; for so weak a husband he had been to lay up any store for the future , that the King allowed him a pension to his death . He was a person compleat , of excellent parts and general learning , with that of the Law , as proper for that place as any man of the Gown . His merits made him so then , which his vices in continued time , and now , basely blemished , and he justly removed , to his private studies , which render him to the world full of worth . And with small charity of the Scorner , might merit the Bays before many men of that age . Indeed his Doom was designed by his Enemies as far as Scotland , at the Kings last being there , and such a distance , might deal some disadvantage to a Wiser Man. Yet the King at first intending but to let him loose , only to exercise him with the change of his chance , like as a rub to an overthrown Bowl , which proves oftentimes an help to the Caster , by hindering its course ; but it fell out more fatal to him which lasted to the end , and thereby wrought its best use ; In the midst of sufferings the bread of sorrow tastes better than the Banquet of fools ; for afflictions brings such mens souls to be Saints at the Mark , which otherwise would be overgrown with too much Greatnesse . His memorable abilities remain but in few , and his compassionate infirmities common to all . To expiate which he did as became him to do to the House of Peers [ prostrate himself ] and sins , which ingenuously he acknowledged , promising amendment of his life , and made it good to the Worlds eye . Those excellent works contrived in his retirement , do evidently manifest his wit and worth , with much regret to many good men , that such an one , should be fallen off from the face of State. In Bacons place comes Doctor Williams Dean of Westminster , by the Title of Keeper of the Great Seal of England , the same power and Jurisdiction as the Chancelour , see Statute quinto Elizab . which was not so besore . At first , but as Vice-Chancelour . Matthew Paris saith , Custodiam ●igilli Regii accepit Cancelarii Vices Acturus & Officium , &c. He was also then made Bishop of Lincoln together to make him more capable of the Office ; [ brought in , sayes one , to serve turns , which no Lay-Man was bad enough to undertake . ] Former ages held it more consonant to reason to trust the Conscience of the Clergy with the case of the Lay-man , they best knowing a Case of Conscience , and antiently the Civil Laws were adjudged by the Ministers of the Church , and the Chancery , and other Courts of Equity , then in the charge of a Divine Minister . And therefore a mistake in the Record that sets it down as a Wonder , for an Arch-bishop of Saint Andrews to be made Chancelour of Scotland by King Charles [ a thing ( he saies ) not known in that Kingdom for three hundred years before , for a Clergy man to bear that office ] But we find Iames Seaton , and David Seaton , both Arch-bishops of Saint Andrews , and Chancelours of Scotland , within one hundred years space . And many other Arch-bishops and Bishops within three hundred years , not only Chancelours , but Judges of the Law , Master of the Robes , and other Offices of Judicature ; By which means , ( their onely Bishopricks too poor ) they advanced to degrees of wealth , enabling them to erect most of those sumptuous Fabricks of piety and Honour in that Nation , and so in England by our Clergy , by this man also in some measure . So ran the Channel , till Bacons father had it from a Bishop , and now a Bishop has it again , and had King Iames lived to have effected his Desires , the Clergy had fixed firm footing in Courts of Judicature ( out of the rode of the Common-Law ) and this was the true cause of Williams initiation thither , his quality thus fitted for the Kings intention . He was in truth Chaplain to Buckinghams Mother , and let into Court , parallel in some degree with Cardinal Richlieus entrance by Queen Mother of France , a Man may take view of these conformities , not few , if you consider proportions , what is allowed to the Jesuit must rebate of the Reformed , and what this man could not do in competition as the other , his aim shewed his will , but not the effect . But at his entrance into this Trust , comes two Bills signed from the King to be made Patents by the Seal ; the one for a Pension of two thousand pound per annum , and the other for the Office of Earl Marshal of England , both of them to be conferred upon the Earl of Arundel . The first ( though with some regret in those unseasonable times to receive such large pensions ) , which yet he sealed , but took upon him to trench upon the Lord Treasurer Middlesex , ( who willingly gave way to it ) for which they both had enmity ever after . The later he refused upon these Queries . 1. Whether in the Delivery of the Staff to the Earl , his Majesty did not declare it to him for ease of the other Commissioners that executed it before with him , and so to imply no inlargement of power , which this Patent doth ? 2. Whether his Majesty means , that this Patent , leaping over the powers of the three last Earls , Essex , Shrewsbury , and Somerset , should refer only to Arundels own Ancesters , Howards and Mowbrays , Dukes of Norfolk , who claimed that place by Inheritance ? the usual way and reference of Patents , being unto the last , and immediate Predecessor , and not to the remote ; whose powers heretofore in these troublesome times , were vage , uncertain and impossible to be limitted . 3. Whether that this Lord , should bestow those Offices settled in the Crown , as Sir Edward Zouches in Court , Sir George Reynolds in the Kings Bench , and divers others , all which this Great Patent sweeps away , being Places of Worth and Dignity ? 4. Whether my Lord Stewards place shall be ( for all his power of Judicature is in the Verge ) either altogether extinguished , or at least subordinate to the Office ? A point considerable because of the Duke of Lenox , who was Steward , his greatness of Person , and neerness of blood to the King. And here he claws him . 5. Lastly , whether that the Offices of the Earl Marshall of England , and the Marshall of the Kings house ( in former times distinct ) shall be now united to this great Lord ? A power limitted by no Law or Record , but to be searched out from Heralds , Chronicles , Antiquaries , and such absolute Monuments ; and thereupon this sixty years ( for Essex his power was cleerly limitted , only as Marshall ) unfit to be revived by the Policy of this State. And by these queries the Patent was pared , which increased malice to the end of their Days . Certainly there is a difference between the Earl Marshal of England , and the Marshal of the Kings House : See Lambert Archiron , or of the High Courts of Justice in England . The Marshall of England , and the Constable are united in a Court , which handleth only Duells out of the Realm , and matters within , as Combats Blazon , Armory , but may not meddle with any difference tryable by the Laws of the Land. The Marshal of the Kings Houshold is united in a Court with the Steward , which holds Plea of Trespass , Contracts and Covenants made within the Verge ; and that by the Laws , Articl . super Cart. cap. 3 , 4 , 5. The honour of Lord Marshal is so antient , as Thomas Lord Mowbray by Richard 2. was created Duke of Norfolk , and the first Earl Marshal of England , anno 1397. And so successively unto Iohn Lord Mowbray , who dyed the 15. of Edward 4. anno 1475. and had issue one only Daughter , married unto Richard Duke of York , second son of Edward the fourth , and was by his Father created Duke of Norfolk and Earl Marshall of England , murthered in the Tower , anno 1483 without issue . Then comes Iohn Howard ( Son of the Daughter , and coheir of Thomas Mowbray Duke of Norfolk ) and was by Richard the third created Duke of Norfolk , but not Earl Marshall . Nor was his Son Thomas , but Thomas his son was by H. 8. created Earl Marshal of England . Afterwards was Seymer by Edward the sixth created Duke of Somerset , and Earl Marshal of England . And after him came the Grand-child of Thomas Mowbray , and was by Q. Mary created Earl Marshal of England . Then Robert Devereux Earl of Essex made Marshal of England by Q. Elizabeth . And now this Thomas Howard Earl of Arundel , and the last Earl Marshall of England . But in time this Patent was divided , which his greatness intended to swallow up whole . And because we have done with the Keeper and his Office , we will take our leave of him with this Character which here follows . His Acts of Piety to the ragged and ruinous Church of Westminster , new clothing , warm and dry , adorned with the Statues and Structures of the antient English Saints , and in truth and merit , set up his Master King Iames amongst them . And though he sucked not the Milk of Oxford University , yet he founded a decent compleat Chappel to Lincoln College there , and erected the Library at Westminster , as also that Eminent Structure the Library of St. Iohns at Cambridge , where he had been Master for many years . He had a large heart to men of learning and Arts , and though his Stately gait , at a blush might present him to appear proud to the common Man , yet abating the nature of his Birth-place a Welch man , he was not so to conversation ; for he made himself more familiar at the College School at Westminster , than at Court , not leaving that society and Mr. Osbastons Company , for the consort of Courtiers at Whitehall . His bounty like that of Caesar , who gave gifts like a King , even to mean Beggars ; witness a hundred pound gratuity to Monsieur du Molin a Minister of France , to welcom him hither , when , in the Judgement of his Chaplain 20 l. had been sufficient . His blaze at Court lasted out this King , which by quarreling with Lawd the Arch-bishop afterwards , retired him to Bugden , where he lived the most Episcopal of any Priests his Predecessours ; how he fell from that , and other waies after , from worse to worst of all , evil example being no rule to a Prelates conscience , we leave him dead to his last account , the time of Gods grace and mercy , 1652. Amongst the factious party of this Parliament , were a knot of discontents , well mingled for Mutiny , high●born ; Ambitious-bold , to bear out any complottings , which Subtilty suggested , and Hypocrisie dissembled , and got in also the plain meaning man , and altogether to supplant Order of Church and State ; Other Characters would be counterfeit ; a Halter take him that would mistake them , a fitter line for his long story . Indeed to busie these had been ( junto of them ) of whose disposition the King was justly sensible , and therefore thought fit to separate their contrivings , and by proroguing the Parliament the 4. of Iune , till Novem. 20. sent them home during his Summers Progress , and this he did , sudainly to see what they would do , which , as he suspected came forth in Declaration , thus . The Commons fair Declaration to assist the King to recover the Palatinate . THE Commons assembled in Parliament taking into most serious consideration ; the present State of the Kings children abroad , and generally afflicted estate of the true Professors of the same Christian Religion ( professed by the Church of England ) in foreign parts , and being truly touched with a true sense and fellow-feeling of their distresses , as members of the same body do with an unanimous consent in the name of themselves , and the whole Body of the Kingdom ( whom they represent ) declare unto his most excellent Majesty , and to the whole world their hearty grief and sorrow for the same ; and do not only join with them in their humble , and d●vout prayers unto Almighty God , to protect his true Church , and to avert the dangers now threatned , but also with one heart and voice , do solemnly protest ; That if his Majestyes pious endeavours by Treaty to procure their peace and safety , shall not take that good effect which is desired in Treaty ( wherein they humbly beseech his Majesty not to suffer any longer delay ) that then upon signification of his Majesties pleasure in Parliament , they shall be ready to the utmost of their powers , both with their Lives and Fortunes to assist him so , as that by the Divine help of Almighty God ( which is never wanting unto those who in his fear shall undertake the Defence of his Cause ) he may be able to do that with his Sword , which by a peaceable course shall not be effected . This is well said , and the King put them to Tryal sor assistance in money , the sinews to help on the Treaty first , and for settlement of the future effects by the Sword in case the other failed . And sundry overtures and propositions amongst themselves somewhat resolving , then again declined , and as with the houses , the like between the King and them , that nothing was concluded in pursuite of their fair promises and specious pretences , and so they part home to their Houses , and the King to his hunting . And in Autumn returns to Hampton Court , where meets him Digby ; come home from his Ambassy , with Answers dilatory , and doubtful , and therefore commands him to declare the particulars to the Parliament , which was now set from his last Recess . He tells them , That his Majesty commanded him to account to them his Negotiations with the Emperour , who upon advantage of fortune in the success of Bohemia , hath invaded the i●heritance of his Son the Palatine ; That he was directed to treat of Peace , which he seemed to incline to , but the Dyet in Germany being deferred , they both suffered the delay by depending on it , and the Princes ; in the end Restitution was promised of the Palatinate , which was only granted by Commission to the Duke of Bavaria , until it should be otherwise settled by Peace or War. That the Emperours Letters addressed him to the Duke , wishing his tractable condescent to terms of peace ; upon which occasion he urged that he had authority from the Palatine , to cause Count Mansfield to desist from War , and the like from the King to Sir Horace Vere . That the Duke answered , He had becalmed Mansfield with money , who being at quiet , his peace was made . To which scornful reply something ( he saies ) was answered ; and so departed to the Infanta at Bruxels , who seemed to understand by the Emperours Letters , his preparations rather for War than Peace , and would give no direct answer till she heard from the King of Spain ; who ( he confesses ) stood at this t●me cleerly a Newter ; yet is he now prepared with five great Armies in motion , which will not misbecome the Wisdome of State to fear the worst , and therefore for the Kingshonour , and his Sons right , he presumes they will contribute not only aid to the present support , but supply to invest his Son into his Inheritance . But this , nor what else could be said by others , the true Ministers , and Patriots of State , could work ought out of the Parliament ; for now , being put to it , they are hide bound ; and yet have an excuse , That the King meant not to fight , for they were afraid he was forward in the Match with Spain , and trusted rather to treat that way ; and therefore intend not to assist him with Money for a War abroad , nor support of his Wants at home . But to shadow over their resolve , they prepare to expostulate these distempers , and lay down a pretended way to the Remedies , which the King understood by some of their own , ashamed to assist in such thwarting courses , when necessity at home , and honour abroad called for speedy redress . And therefore the King in disdain to attend their slow Motions , leaves them to their lazy Committee , and whilest they are hammering out a Remonstrance , he took no leave but went to New Market . And there with regret of the unking Parliament , together with the Miseries of the Reformed Churches in Germany ; the persecution of the Protestants in France , besieged in Rochel and Montauban , the one by Count Soissons and the Duke of Guise ; the other by that King ; and Doncaster sent thither Extraordinary to mediate the Peace ; which King Iames could not fight for with like Success , as usually words have prevailed with Swords ; The King ( I say ) fell into deep discontent . Notwithstanding our Calumniator here , as in all other the like places [ Loads the King with the loss of all ] for not fighting without men or money . [ If the Kings spirit ( saies he ) had been raised up to a War when the voice of God , being the voice of the People called him to it , it might have hindred the great effusion of blood amongst our selves that happened after in his sons time . ] The consequence of all our sequel Miseries he derives from this King , which truly then and after came from the Houses of Parliament . The King not so far off , but had his spies and Intelligence , with a Copy of the Remonstance , and thought to save them the labour , in a Letter to the Speaker , Sir Thomas Richardson . Mr. Speaker , WE have heard , to Our grief , tha● Our distance from the Parliament caused by Our indisposition of health ; hath imboldned some ●iery and popular Spirits of the Lower House , to debate Matters above their Capacity , to Our dishonour and breach of Prerogative Royall . These are therefore to command you to make known to them , that none shall hereafter presume to meddle with any thing concerning our Government , or Matters of State , with Our Sons Match with the Daughter of Spain , nor to touch the Honour of that King , or any other Our Friends or Confederates . Nor with any Mans particulars which have their due Motion in Our Ordinary Courts of Iustice . And whereas they have sent a Message to Sir Edwin Sandis to know the Reasons of his late Restraint , you shall resolve them , It was not for any Misdemeanour of his in Parliament ; but to put them out of doubt of any question hereafter of that nature , we think our self very free and able to punish any Mans misdemeanours in Parliament , as well sitting there as after , which we mean not to spare hereafter upon any occasion of any mans ; and if they have touched any points ( which we have here forbidden ) in any petition of theirs , which is to be sent to us , tell them ( except they reform it ) we will not daign the hearing , or answering . New-Market ; Decem. 3. 1621. Iames Rex . But on the Parliament will ; yet to sweeten the bitter Pill , they accompany another Remonstrance with a Petition , to this effect they are put together . Most dread and gratious Sovereign , VVE your most humble and loyal Subjects , &c. in the Commons House of Parliament , full of grief , &c. through the sense of your Majesties displeasure , expressed by Letter unto our Speaker , and read unto us ; yet comforted with assurance of your Grace and Goodness to us , and of the sincerity of our proceedings . In all humbleness , &c. beseech the King. That their Loyalties may not suffer by mis-information of partial Reports , but rather to understand from themselves what their humble Declaration and Petition doth contain ; the occasion of their consideration of what is therein contained , and their intention . They beseech his Majesty not to give credit to private Reports against all or any Member , until they inform him , and that they may stand in his Majesties good opinion . The Remonstrance runs thus in effect . That upon their last re-assembling , His Majesty did by three Lords impart to them these particulars following . That notwithstanding the Kings piety to procure Peace , the time is now come that Janus Temple must be opened . No hope of Peace nor Truce . Either the King must abandon his children , or ingage in a War , and so to be considered what foot , horse and money sufficient ? That the Lower Palatinate was seized by the Army of the King of Spain , as the Executor of the Ban , then in quality of the Duke of Burgundy , as the Upper part was by the Duke of Bavaria . That the King of Spain had five several Armies . The Princes of the union disbanded , the Catholick League remains firm , to the ruin of the others , whose estate was miserable . And That out of these considerations the Parliament were called to a War , and for supply for keeping forces together , to foresee the means for raising an Army against the Spring . And accordingly they did address to that service . And being now invited thereto , and not only to look after a War abroad , but also for peace at home , with the increase and insolency of Popish Recusants , urge us unto . The consideration hereof led them on , as incident and unavoidable to touch upon the King of Spain , as relation to Popish Recusants at home , and to the Wars by him maintained against your Children , but without dishonour to Him , or any of the Kings Confederates . In which discourse they did not assume to determine , or to incroach ●pon the Sacred bounds of your Royal Authority , to whom , and in whom only it belongs to resolve of peace or War. But as humble subjects to demonstrate these things to his Majesty , and humbly to lay it down at his feet . This being the effect of their resolves in their Declaration and Petition . They humbly desire his Majesty to receive them by those their Messengers with favourable interpretation , and to so much as concerns Papists , the passing of Bills , and granting his Pardon royal , that he will be pleased to answer . And concerning those General Words in the Kings Letter , Not to intermeddle with Matters of Government , or particulars which have motion in the Courts of Iustice ; may involve those things which are proper subjects of Parliamentary Discourse . And that his Majestie seems to abridge them , freedom of Speech , and Liberty of Parliament , &c. they desire his Majesty , to allow them the same . And pray for his Majesty , &c. Twelve select Members are sent herewith , whereof Sir R. Weston was the leading Man intrusted to read them . And untill their return with some satisfactory answer , they resolve not to proceed to any business in the house , but muttering there was , though they durst not speak out . The King understanding the silent humour of their Action , and being yet desirous to have the time better husbanded , Christmasse being at hand commands his Secretary Calvert to deliver this message to them in Speech , and afterwards in Writing . His Majesty remembring that this House was desirous to have a Session between this and Christmass , it pleased him thereupon to signifie unto us , that we should have contentment herein , and that there should be a Session , if we our Selves were not in fault , taking now notice that we forbear to proceed with any Bills until the return of the Messengers lately sent to his Majesty , hath warned me to command the House in his name not to lose time in their proceedings , for preparing good Laws in the mean while , and in consideration of the neer approach of Christmasse . And that his Majestie hopes , We will not take upon us to make a Recess in effect , though not in shew , without his warrant . But some captious pates take exceptions , as tending to breach of privilege , by commanding them to proceed with Bills , and so spun out the time and did nothing till the return of their Messengers , whom the King receives not with overmuch kindness , knowing the effect of their former petitions , and observing the Contents of the later ; and both reflecting on his Person and Government , which causeless aspersions , and therefore returns them with this answer to all . The Kings Answer to their Petition . VVE must here begin in the same fashion that We would have done if your first Petition had come to our hands before we had made a stay thereof ; which is to repeat the first words of the late Queen Elizabeth of famous memory , used by her in answer to an insolent Proposition which a Polonian Ambassadour made , that is , Legatum expitamus , Heraldum accipimus . For we had great reason to expect that the first message from your house should have been a message of thanksgiving for our continued gratious behaviour towards our people since your last Recess . Not only by Our Proclamation of Grace , wherein were contained six or seven and thirty Articles , all of several points of Grace to the People ; but also by the labour we took for the satisfaction of both Houses in those three Articles recommended unto us in both their Names by the right Reverend Father in God. the Arch-bishop of Canterbury , and likewise for the good Government of Ireland we are now in hand with at your Request . But not only have we heard no news of all this ; but contrary great complaints of the danger of Religion within this Kingdom , tacitly implying Our ill Government in this point . And we leave you to judge whether it be your duties , that are the Representative Body of our People , so to distaste them with our Government , whereas by the ●pntrary it is your duty with all your endeavour , to kindle more and more in duty for our gratious Government . Now whereas in the very beginning of this your Apology , you tax us in fair terms , of trusting uncertain Reports , and partial informations against your proceedings . We wish you to remember that We are an old and experienced King , needing no such Lessons , being in Our Conscience , freest of any King a live from hearing or trusting idle Repotts ; Which so many of your House that are neerest Us can bear witness unto you , if you would give as good ear unto them as unto some Tribunitial Orators amongst you ; And for proof in this particular We have made your own messengers confer your other Petitions sent by you with the copy thereof , which was sent us before , between which there is no difference at all , but that since the receiving the first Copy , you added a Conclusion unto it ; which could not come to our hands till it was done by you , and your messengers sent , which was all at one time . And if we had had no Copy of it before-hand , we must have received your first Petition to our great Dishonour , before we had known what it contained , which would have inforced us to return unto you a far worse Answer then now we do . For then your Messingers had returnd with nothing , but that we have judged your Petition unlawful & unworthy of an Answer ; for as to your Conclusion therof it is nothing but Protestatio contraria facto ; for in the body of your Petition , you usurp upon our Prerogative Royal , and meddle with things far above your reach ; and then in the Conclusion you protest the contrary ; as if a Robber would take a mans purse , and then protest he meant not to rob him . For first you presume to give us your advice concerning the Match of Our deerest Son with some Protestant , we cannot say Princess , for we know none of these fit for him , and disswade Us from his Match with Spain , urging Us to a present War with that King , and yet in the Conclusion , forsooth , you professe you intend not to press upon our most undoubted and Regal Prerogative , as if the petitioning of Us in matters that your selves confess you ought not to meddle with , were not a meddling with them . And wheras you pretend that you were invited to this course by the Speeches of three honourable Lords , yet by so much as your selves repeat of the Speeches , nothing can be concluded but that we were resolved by War to regain the Palatinate , if otherwise we could not attain unto it . And ye were invited to advise forthwith upon a Supply for keeping the forces in the Palatinate from disbanding , and to foresee the means for the raising and maintaining of the Body of any Army for that War against the Spring . Now what inference can be made upon this ? that presently we must denounce War against the King of Spain , break our dearest Sons Match , and match him to one of our Religion , let the World judge ! The Difference is no greater than if we would tell a Merchant that we had great need to borrow money from him for raising an Army , that thereupon it should follow , that we are bound to follow his advice in the Directions of the War , and all things depending thereupon . But yet not contenting your selves with this excuse of yours , which indeed cannot hold water , ye come after to a direct contradiction to the Conclusion of your former Petition , saying , that the Honour and safety of Us and our Posterity , and the Patrimony of our children , invaded and possessed by their Enemies , the welfare of Religion and State of our Kingdome , are matters at any time not unfit your deepest consideration in Parliament . To this generality we answer with the Logicians , That where all things are contained nothing is omitted . So as this Plenipotencie of yours invests you upon all power upon Earth ; lacking nothing but the l'opes to have the Keys also both of Heaven and Purgatory . And to this vast generality of yours , we can give no other answer , for it would trouble all the Lawyers in the House , to make a good Commentary upon it . For so did the Puritan Ministers in Scotland , bring all kind of Causes within compass of their juris●iction , saying , that it was the Churches Office , to judge of slander , and there could no crime or fault be committed , but there was a slander in it , either against God , their King , or their Neighbour , and by that means they looked into themselves the cognizance of all Causes ; or like Bellarmines Distinction of the Popes power over Kings in ordine ad spiritualia , whereby he gives him all Temporall Jurisdiction over them . But to give you a direct answer to the matters of War , for which you are so earnest ; We confesse we rather expected you should have given us thanks for the so long maintaining a settled Peace in all our Dominions , when as all our Neighbours about are in miserable combustion of War , but dulce bellum inexpertis , and we indeed find by experience , that a number of our Subjects are so pampered with Peace , as they are desirous of change , though they know not what . It is true that we have professed ( and in that mind with Gods grace , we will both live and die ) that we will labour by all means possible ; either by Treaty or force to restore our Children to their antient dignity and Inheritance , and whatsoever Christian Princes and Potentates , will set themselves against it , we will not spare any lawful means to bring ou● so just and honourable purpose to a good end . Neither shall the Match of our Son , or any other worldly respects be preferred to this our Resolution . For by our credit and intervention with the King of Spain , and the Arch-Dutchess and her Husband , now with God , we preserved the Lower Palatinate one whole year , from any further conquering in it , which in any eight dayes space in that time might have easily been swallowed up by Spinola's Army , without any resistance ; and in no better case was it now at our Ambassadour the Lord Digby's coming through Heidleburgh , if we had not extraordinarily succoured it . But because we conceive that ye couple this War of the Palatinate with the cause of Religion , we must a little unfold your eyes herein . The beginning of this miserable War which hath set all Christendome on fire , was not for Religion but only caused by Our Son in law his hasty and rash Resolution , following evil Counsel to take to himself the Crown of Bohemia ; and that this is true , himself wrote Letters to Us at that time , desiring Us to give assurance both to the French King , and to the State of Venice , that his accepting of the Crown of Bohemia had no reference to the cause of Religion , but only by reason of his right of Election ( as he called it . ) And we would be sorry that that aspersion should come upon our Religion , as to make it a good pretext for disthroning of Kings , and usurping their Crowns . And we would be loath that our people here should be taught that doctrine . No , let Us not so far wrong the Jesuits , as to rob them of their sweet Positions and practice in this point . And upon the other part , we assure our selves so far of your charitable thoughts of us , that we would never have constantly denyed our Son in Law both the title and assistance in that point , if we had been well-perswaded of the justice of his quarrel . But to conclude this unjust usurpation of the Crown of Bohemia and Hungaria from the Emperour , hath given the Pope , and all that party , too fair a ground , and opened them too wide a Gate for curbing and oppressing of many thousands of our Religion in divers parts of Christendom . And whereas you excuse your touching upon the King of Spain , upon occasion of the incidents by you repeated in that place , and yet affirm , it is without any touch to his Honor. We cannot wonder enough that ye are so forgetful , both of your words and writs ; for in your former Petition you plainly affirm , that he affects the Temporal Monarchy of the whole Earth , then which there can be no more malice uttered against any great King , to make all other Princes and Potentates both envy and hate him . But if you list it may be easily tryed , whether that speech touched him in honour or not , if we shall ask him the question , Whether he means to assume to himself that Title or no ? For every King can best judge of his own Honour ; we omit the particular Ejaculations of some foul-mouthed Oratours in the House against the honour of his Crown and State. And touching your excuse of not determining any thing concerning the Match of our dearest Son , but only to tell your opinion , and lay it down at our feet . First , we desire to know , how you could have presumed to determine in that point without committing of High Treason . And next , you cannot deny but your talking of his Match after that manner , was a direct breach of our Commandment and Declaration out of our own Mouth , at the first sitting down of this Parliament ; where we plainly professed , that we were in Treaty of his Match with Spain , and wished you to have that confidence in our Religion and Wisdom , that we would so mannage it as our Religion should receivt no prejudice by it . And the same we now repeat unto you , professing that we are so far ingaged in that Match , as we cannot in honour go back , except the King of Spain perform not such things as we expect at his hands : and therefore we are sorry that ye should shew to have so great distrust in us , or to conceive that we should be cold in our Religion , otherwise we cannot imagine how our former Publick Declaration should not have stopped your Mouths in this point . And as to your Request , that we would now receive your former Petition . We wonder what could make you presume that we would not receive it ; whereas in our former letter , we plainly declared the contrary unto you , and therefore we have justly rejected that suit of yours . For what have you left un-attempted in the highest points of Sovereignty in that petition of yours , except the striking of Coin ? for it contains the violation of Leagues , the particular way how to govern a War , and the Mariage of our dearest Son ; both Negative with Spain , nay with any Popish Princess , and also Affirmatively , as to the matching with one of our Religion ; which we confess is a strain beyond any Providence or Wisdom God hath given to us , as things now stand . These are unfit things to be handled in Parliament , except your King should require it of you ; For who can have wisdome to judge of things of that nature , but such as are dayly acquainted with the particulars of Treaties , and of the variable or fixed connexion of Affairs of State , together with the knowledge of the secret ways , ends and intentions of Princes in their several Negotiations ? otherwise a small mistaking in matters of this Nature , may produce more effects , than can be imagined . And therefore Ne sutor ultra crepidam . And besides the intermeddling in Parliament with matter of Peace or War , and mariage of our dearest Son , would be such a Diminution t● us , and to our Crown in Foreign Co●ntreys , as would make any Prince neglect to treat with us , either in matters of Peace or Marriage , except they might be assured by the assent of Parliament . And so it proved long ago with a King of France , who upon a trick procuring his States to dissen● from some Treaty which before he had made , was afterwards refused Treating with any other Princes to his great reproach , unless he would first procure Assent of his States to their Proposition . And will you cast your eyes upo● the late times , you shall find that the late Queen of famous memory , was humbly petitioned by a Parliament to be pleased to marry ; but her answer was , that she liked their Petition well , because it was simple , not limitting her to any place or person , as not befitting her liking to their fancies ; and if they had done otherwise , she should have thought it a high presumption in them . Judge then , what we may do in such a case : having made our publick Declaration already ( as we said before ) directly contrary to that which you have now petitioned ? Now to the point in your Petition , whereof you desire an answer as properly belonging to the Parliament . The first and greatest point is that Religion , concerning which at this time , we can give you no other answer then in the General , which is , that you may rest secure , that we will never be weary to do all we can for propagation of our Religion , and repressing Popery . But the manner and form ye must remit to our care and providence , who can best consider of times and Seasons ; not by undertaking a publicb War of Religion through all the World at once ; which how hard and dangerous a Task , it may prove , ye may judge . But this puts Us in mind , how all the World complained the last year of plenty of Corn , and God hath sent us a cooling card this year for that heat . And so we pray God , that this desire amongst you of kindling war ( shewing your weariness of peace and plenty ) may not mak● God permit us to fall into the Miseries of both . But as we already said , our care of Religion must be such as on the one part , we must not by the hot persecution of Our Recusants at home , irritate Foreign Princes of contrary Religion , and teach them the way to plague Protestants in their Dominions , with whom we dayly intercede , and at this time principally to ease them of our profession that live under them . Yet upon the other part ; we never mean to spare from due and severe punishing of any Papist that will grow insolent for living under our so mild Government . And ye may also be assured we will leave no care untaken , as well for the good Education of the youth at home , especially the children of Papists , as also for preserving at all times hereafter , the youth that are , or shall be abroad , from being bred in dangerous places , and so poisoned in Popish Seminaries . And as in this point , concerning the good education of Popish youth at home , we have already given some good proofs , both in this Kingdome and Ireland , so will we be well pleased to pass any good laws that shall be made either now or any time hereafter to that purpose . And as to your request of making this a Session , and granting a general Pardon , it shall be in your defaults , if we make not this a Session before Christmass . But for the Pardon , you crave such particulars in it , as we must be well advised upon , least otherwise we give you back the double , or treble , we are to receive by your entire Subsidie without Fifteens . But the ordinary course we hold fittest to be used still in this case is , that we should of our Free Grace send you down a Pardon from the Higher House , containing such points as we shall think fittest , wherein we hope you shall receive good satisfaction . But we cannot omit to shew you how strange we think it , that you should make so bad and unjust a Commentary upon some words of our former Letter , as if we meant to restrain you thereby of your antient Liberties and Privileges in Parliament . Truly a Scholar would be ashamed so to mistake , and misjudge any Sentences in another mans book . For whereas in the end of our former Letter , we discharge you to meddle in matters of Government , and Myste●ies of State , namely , matters of War or Peace , or our dearest Sons match with Spain ; by which particular denominations , we interprete and restrain our former Words ; And then after we forbid you to meddle with such things that have their ordinary course in Courts of Iustice ; yet couple together these two sentences , and plainly leave out these words , of Mysteries of State , so as ye erre , a bene divisis ad male conjuncta , for of the former part , concerning Mysteries of State , we plainly restrain our meaning to the particulars that were after mentioned ; and in the later we confess we meant it by Sir Edward Cooks foolish business . And therefore it had well becomed him , especially being our Servant , and one of Our Council , to have complained unto us , which he never did , though he was ordinarily at Court since , and never had access refused unto him . And although we cannot allow of the stile , calling it your antient and undoubted Right and Inheritance , but could rather have wished that ye had said , That your privileges were derived from the Grace and permission of Our Ancesters and Us ( for most of them grow from Presidents , which shews rather a Toleration than Inheritance ) yet we are pleased to give you Our Royal assurance , that as long as you shall contain your selves within the Limits of your duty , we will be as careful to maintain and preserve your lawful Liberties and Privileges , as ever any of our Predecessours were , nay , as to preserve our own Royall Prerogative . So your House had only need to beware to trench upon the Prerogative of the Crown ; which inforce Us , or any just King to retrench them of their Privileges , that would pare his Prerogative and flowers of the Crown . But of this we hope there shall be never cause given . New-Market , 11. December 1621. Iames Rex . This Answer on Tuesday returned to the House on Fryday following , raises a storm amongst them all , to talk freely , their privileges now violated , denied , infringed , and therefore committed the particulars to examinatiod . So that the more moderate amongst them in some doubt and discontent , how to mannage it for reconcilement , which caused an Explanation from the King directed to his Secretary Calvert from Royston , in his return homewards . To Our Right Trusty and Well-beloved Counsellour , Sir George Calvert , one of our principal Secretaries . Right Trusty , &c. VVE are sorry , that our reiterated Messages to our House of Commons to go on , they continue yet to loose time . And now of late upon our gratious Answer , make more delay in appointing a Committee to consider of the points of our Answer concerning their privileges . You shall tell them , that to lessen mis-spent time , we shall descend to explain our meaning . Concerning what we said , Not to allow of the stile , Their antient and undoubted right of Inheritance , which we wished that they had said , Were derived from grace and permission of our Ancestours , and Us , for most of them grow from Presidents , a Toleration rather than Inheritance . And the plain truth is , we cannot endure Subjects to use such Anti-Monarchical words to us ; except subjoined with acknowledgement of grace and favor from us . Yet we never meant to deny them lawful privileges , as in former times , nor what they have right unto , or hy Grace now ; and so we made that distinction , either by Law , or Statute , or long Custom , or lawful Presidents ; and so we shall maintain them in their Rights . Therefore advises them to set afide wrangling , and proceed to that which is fit for the weal of his Crown and Kingdom , otherwise their curious shifts , maliciously from time to time found out , to frustrate the Kings good purposes to his Subjects , will come to light , and the Authors not thankfully rewarded . Royston , Decemb. 16. 1621. All these three several Admonitions of the Kings take no effect , for any obedience to follow , and therefore the King , desirous not to dissolve them , without some fruit , addresses another Letter to the Speaker Richardson . Mr. Speaker , Whereas at the humble suite of Our House of Commons , we made this Meeting a Session , before Christmasse , and so till Saturday next , and by our Letters to take away mistakings , we explained Our selves in points af their privileges ; and all to little purpose for preparing things necessary for a Session , We think good once more to impart our mind , that ( for the Reasons reiterated ) we have an earnest desire to make it a Session , free pardon to the Subjects , and good Laws to be passed , as they have had both by the unusual examples of Iustice , and ●ase and comforts by Proclamation . The passing of the Subsidie , the continuance of Statutes , and the pardon being the most pressing to be effected , and the pardon on his part now drawing up . So it concerns them the Act for the Statutes , And as for the Subsidie , though time presses , let that be no prejudice if left undon . For on Saturday next he expects their performance , that so they may go home to their habitations . Theobalds December 17. 1921. Nor does this any more prevail , but comes to be excused by way of Petition . The Parliament return Thanks and Petition . May it please your Most Excellent Majesty , We the Knights , Citizens , ●nd Burgesses , &c. after your Majesties Letter , read this morning full of grace and goodness , do return our most humble and hearty thanks , &c. And though we have been desirous to have some good Laws passed , and a Session before Christmass , yet entering into serious Consideration of those things to be prepared , and the straitness of time . They humbly submit to the Kings Wisdom for their departure , and for their re-access to perfect what is begun . The Kings Reply . The King returns them Answer , How sorry he was this could not be made a Session . Excuses himself by his former Advisoes , and layes this blame before them to their face . He had given Order to adjourn to the eight of February next . And omits not to tell them that he expects other thanks , then as they sent to him , for his promises to maintain their privileges so often contained in his answers , and letters explained and inlarged . But for all that , the King heard nothing ; though this message was delivered to them the next Morning ; and having plotted a Thin House , and a late hour , six a clock at night in December , not a third part of their number , They enter a Protestation for their Liberties , in such dubious manner , as may and did for the future , serve to invade most of the Rights and Prerogatives annexed to the Crown ; for grounding the claim of their Privileges upon the Words in the Writ of Assembling , the Contrivers of that Protestation craftily mentioned , Super arduis Regni Negotiis , but of purpose left out Quibusdam , which restrains that generality to such particular cases as the King consults with them upon , and the uncontroled customes of all times manifest : For the King or Chancelour usually declares what things those Quibusdam are , wherein he craves their advice and assistance . And upon all which undutiful Protestation , the King is justly occasioned to publish his pleasure for dissolution of this Parliament , by Proclamation to this effect . A PROCLAMATION for the dissolving the Parliament . ALBEIT the assembling , continuing , and dissolving of Parliaments , be a Prerogative peculiar to our Imperial Crown , yet We are pleased to acquaint our good Subjects with the reasons of all Our publick Resolutions and actions ; intending to have made this the happiest Parliament in our time , without imputing ( however ) to the Major part of the Members any want of their duty , as hath been mutually exprest from either party . Beginning in January with good harmony betwixt us , so as many ages past could not parallell the like . Their love to us , our Iustice to them , extended not only to private persons , but even upon the prime Officer of Our Kingdome , we found notwithstanding they mispent time in cavils ; yet we gave longer time , continuing the Session till the eight and twentieth day of May , then the Recess till the fourth of June ; Expressing that our Progress approaching , the necessity of our Council to attend us ; the disfurnishing our Courts of Iustice so many Terms , and the long absence of Iustices of Peace and deputy Lieatenants , from their necessary duties in the Countrey . Then we sent them word , we would hear and answer all businesses at an appointed time . They are notwithstanding in jealousie and expressed discontent ; yet made not their address to us ; and thereof we signified our pleasure to both Houses . The Lords submitted to our Resolutions , passed the Act for some especial Bills with commendation to the Commons , which they neglect . We therefore continued the Session for a Fortnight longer . Our self in person offered to the Lords the passing Bills , had thanks from them , which the Commons the same day refuse . The Grievances of England and Ireland , ( though not presented to us ) were rectified by Proclamations in both Realms . But during this time of Recess we mediated with the Emperour by Our Ambassadour Digby ; upon promise of assistance of Parliament in case that failed ; then we reassemble the twentieth of November , and made known in particular all the transactions abroad , yet some Members took inordinate liberty to treat of Our prerogative not fit to be medled withall , of which we gave them warning . [ And so reciting all the particular passages before-mentioned . ] And therefore concludes , whereas the Assembly of Parliament was adjourned untill the eight of February now next ensuing , we minding not to continue it any longer , have thought fit to signifie our Resolutions with these reasons , willing and requiring the Prelates , Noble men and States , as also the Knights , Citizens , and Burgesses , and others , &c. to forbear to attend on the said day prefixed , and that the said Convention of Parliament , shall not be esteemed any Session of Parliament . And that we shall be glad to take hold of any good occasion , which we hope shall not be long , to call and assemble a Parliament again . Westminster , the 6. of Ianuary 1621. 19. Iac. Hereupon the Members become Subjects again , and being vexed at their dissolve , sought their own excuses with scandall of the King. And with that which was prated then , and what our Historian devises now , base and treasonable abuses ; The State wisely proclaims warning to any such insolent persons , intending to set a watch upon those of quality ; and amongst them who should fall into the offence , but the Earl of Oxford , and therefore was committed to the Tower , and Southampton to the Dean of Westminster , and Sir Edward Hawly , a Confident of Oxfords to the Gate-house , and all of them close Prisoners , their several crimes were bold and dangerous Speeches aga●nst the King and Council , indeed Treasonable enough , if true . Their Accusers were the Domestiques of the Widow , Lady Grisby , a Dame of Pleasure heretofore , but now declined that and turned House-keeper to such like as her self had been . Her Gay-lant was one Sir Iohn Wentworth , a man of a bold Spirit , and well born , but by ill-Husbandry much decayed in his Estate , the fitter to be wrought upon to betray Oxford and Hawly ; for the most dangerous words , were table talk between them ; They were all close imprisoned , and often examined ; truly their friends were much afraid , that either their own guilt or the policy of skilful Examiners , of each Prisoner a part , might involve them all , into destruction . Southampton was best trusted in that , for he had been versed in questions and answers , under the nocency of Essex Treason ; but therefore more to blame to whisper against his Soveraign now , that restored him in blood and raised him to preferment and honour . Oxfords faults were accompted frailties , rather distempers of his natural condition , derivative from his Father , both of them debauched , and now this Man ( not in malice to the King , but ) in a wanton way of ranting , and only envy to Buckingham . Hawly , heretofore a Student Templer , discontented with the Court , upon a mean account ; a rough West-Countrey-Blade he was , and being too bold at a Mask in Court , had his Ear-ring torn out in the bussle , by a dogged ill-natured Scot , Maxwell , an Usher in Office there ; who being challenged for the injury , Hawly was in hazard to suffer more by seeking his satisfaction this way , and for the present was committed to the Marshalses , until it increased muttering amongst the Inns of Court Men ; who upon the like occasion ) sided in this quarrel . The King , that knew how to caresse such Students , sent for Hawly , and told him , that he had considered of the Challenge occasioned from Maxwells duty to his Service , and therefore now , unwilling to take advantage of his restraint , sets him at liberty , only upon condition , to make good his Challenge , and himself would be second to his Man Maxwell ; and bids defiance to Hawly to go on ; if he durst ; or else ( quoth he ) in true affection shake hands with him , and be all friends , and so that quarrel ended , but not Hawlyes malice to Maxwell . But in this now , the King full of mercy , made not much of this Treasonable matter , but lodged them all , too long a time for such Spirits ; It might be thereby to draw voluntary Confessions , or Petitions for pardon , but then , they all , being so neer a kin in the Crime must not dissent in the design , which was to be set free . In fine it was amongst their best Friends thus ordered . A Noble Lady drest directly La Mode d' France , passed as a Stranger unsuspected , to see the Lions and Wardrobe , and such Shews as the Tower affords , accompanied with a Gentleman acquaintance of the Gentleman Jaylors daughter , To whom he ( for this occasion ) made Court , and so had freedom of her Fathers lodgings . Where , after a Collation , they might be trusted into the neither end of his long Garden , but by no means to advance towards the Chamber window where Oxford lodged ; who in this time and noise in the Garden , looked out upon them , and had Items by signs from the Gentleman ( whom Oxford knew ) to observe the disguised French Wench , and she the liberty to pick Dazies any where ; and so in a careless guise ( unsuspected ) and French Tone , she sung , as to her self , which Oxford observed , all the Design , what was done against them all Prisoners , and what he should do in reference to their liberties . Such another trick to Hawly , taught them two to be even-tongued , and so upon petition were released , on hard conditions untill Oxford besought Buckingham . That since his Lordship was pleased to mediate with his Majesty for his freedome , he would procure it free from rubs , and so his obligation the greater , which he promises to pay to his Lordship whilst he lives . Hen. Oxford . And to piece with Buckingham ; Oxford descended to be under his Vice-Admiral at Sea , and Hawly beneath him , a warm Summers business sufficient to warn them for hereafter . Southampton likewise upon submission , withdrew from Court into the Country , the wiser way . These were thus punished , others were more crafty to cover their malice , but least they should do mischief by undermining , were sent of Errands out of the way into Ireland , and other where ; to regulate disorders there , in which they had been so busily affected at home , some also ambitious , and too much popular , were lured in , and rewarded with Office or honor . Such was Sir Iohn Savile , the Knight for Yorkshire , made Controwler of the Kings Houshold and Privy Councelour , and yet paid for all [ Active Spirits ] saies one , indeed corrupted humours , which by several wayes were thus rewarded . These were men of note ; But we are told [ that peoples tongues were set a work ] and takes upon him to chronicle the words , so base , sordid , and trayterous , that no Civil Subject would dare to repeat of his Soveraign . Nay more , he imprints to memory , the abusive Pastimes , Pasquils , and Plaies set out ( as he saies ) in Foreign parts by Papists ( and at home by Puritans ) if not of his own making . I remember well those times , wise mens thoughts were somewhat , and if amiss , fools talked , and amended nothing . Certainly a Princes fame and repute is to countenance them . Alexander could say , Regium est bene facere & Male a●dire . And Nero despised that Pasquil , Quis neget Aeneae Magna de stirpe Neronem ? Sustulit hic Matrem sustulit ille Patrem , Et quosdam ad Iudicem dilatos ad Senatum affici graviore poena prohibuit . Yet Queen Elizabeths cruelty cut off the hands of Stubs and Page upon a bloody Scaffold , for writing against her marriage with the Duke of Anjou ; she lost much of the peoples love by that spectacle , which scared the Commons into fear , whether she were the right and not uncertain daughter of H. 8. but wise men could easily resolve it . The oft repeated Story of the Merchant Bindet , for saying , He would make his Son heir to the Crown , meaning his House of that Sign ; for which he was quartered within four hours after by Edward the fourth ; and the Duke of Buckingham afterward made use of that Record to the Commons , against the succession of his Race for that Tyranny . The like of Collingburn by Rich. 3. The Rat , the Cat , and Lovel the Dog , Rule all England under the Hog . How should posterity know their demerits , if rigorous justice had been spared ; for to suppress Pasquils were to make men seek them , and being found to prize them . Those of Fabritius Venito were condemned to be burnt , and so long were they sought for , but when permitted , they were instantly despised . Who can silence them ? Power cannot suppress Memorials . And it is to be pittied , that Princes are more affected with future fame than their present honestly . It may not be amiss , to make strickt lawes against Libellers , but not for a good Prince to prosecute the rigour . But with wisdome to consider the convoy of such papers , whether Truths or Falsehoods ; if mixed apparances , then to be neglected ; if base and flat railing , to be despiced . Indeed novel causes of Sedition upon apparent grounds , are to be answered and confuted by reason ; so did that wise Statesman Caecil in his answer to calumnies that stroke at the State through his Sides ; see before anno 1606. p. 364. Such as are presented by Supplication for redress of errours , com● to be Libells when they are urged with popular subscriptions , or made publique ere they come to the State. That of Humphery Earl of Gloucester , against the Cardinal of Winchester , was a Libel . Taxing the King of Dotage about the King of Scots Liberty , the Sale of Crown Iewels , his Charter pardon to the Cardinal for receiving his rents . Setting the Duke of Orleans at Liberty against Englands Friend , the Duke of Burgundy . This fault was onely questioned , nothing done . Miseria summa ubi de injuria conqueri , pro delicto habetur . Augustus writ to Tiberius , Noli in hac re indagare , & nimium indignari quenquam esse , qui de me loquatur Male ; Satis est enim , si hoc habemus , ne quis Malefacere possit . And though Tiberius beheaded Cremutius for wor●s only , yet he could say . In Civitate libera cuiquam quoque liberum esse debere . Wise Princes may , weak Princes cannot suffer liberty of Judgements , nor indiscretion of Tongues . But to counsel ●uch Justice , were to assist Domitian to kill Gnats with his Dagger . In a word , we have found the unhappy event of the late publique punishment upon Burton , Bostwick , and Prinn , Divine , Physitian , and Lawyer . Their crimes then were thought fit in policie to be punished , but were taken up , in after time justified , when the time served the turn , to revenge that punishment . It was wisely retorted by King Iames upon himself . A Country Clown told his Companion the London News , The King to marry his Son , to the King of Spains Daughter . Why , saies his Friend , what of that ? He answered , For so our King will turn Papist . Nay rather , replyed he , I le cut his throat ? For which he was condemned at the County Assize . But the King heard of his Sentence ; and said , By my sale , sal he not need to do that , ere I le turn Papist , I le cut my own throat , and gave him pardon . But debosh spirits , distasting their own Miseries , are alwaies earnest in Novations , and desire a change of fortunes ; and if they had power would sooner turn Traytors ; such were some of them in this Kings time ; by the effects since you may guess at them then . We spake of Student Templers , These Houses heretofore had been a Covent of Red-fryars ( for so I find them stiled ) and afterwards men of the Sword got the possession , and were called Knights Templers , from that of Ierusalem , where they heretofore dwelt , and were instituted there by Baldwine King of Ierusalem , anno 1100. and created by Pope Gelasius , anno 1117. continuing two hundred years , untill they were supprest ●bout Edward the first his time , anno 1300. and their Substance of great wealth given to the Knights of the Rhodes by Pope Clement the fifth . The Romans say , They fell away from Christianity to the Sarazens , and lode them with inormous Crimes . But , and in truth others say , their destruction grew from siding with the Germain Emperour against the Pope , and these Authors are Bo●atius , Villanus , Antonius , and others . Indeed they were Enemies to the sins and corruptions of the Court of Rome and Clergy . And all Authors conclude , That however sundry of them had been accused of Crimes , yet they indured cruel torments without confession of guilt . Paulus Aemilius stories one of them , Iames Burgond , the principal of that Order , and two others of great Birth , who suffered exquisite tortures and dyed in the ●lame , innocent Martyrs . And Plessis saith , that other Authors report , That two Cardinals being present , Burgond summoned Pope Clement the fifth , before the Tribunal of God , to answer that injustice , and that the Pope dyed the same day . Besides the Clause inserted into the Condemnatory Bull , Quanquam de jure non possumus tamen pro plenitudine potestatis dictum Ordinem reprobamus . But in a word their great wealth , was one Notable bait to the Popes , and the Gulf of other Orders , Hospitalers , Knights of the Rhodes , and St. Iohns . All these together smack this Order , and swallowed their Riches at one time ; by consent of all the Princes in Christendome , where they had their habitations . Length of Peace necessarily increasing swarms of people , it was politickly permitted to disburthen this land by Foreign Plantations into the vast Continent of America , unhabited ( as is before touched in Anno 1614. ) and since that time , pursued with above fourty sail severally trading to Virginia , New England , and other parts of that Coast , with transportation to this year of above three thousand five hundred seventy persons ( according to a list ) in several Colonies and Towns built , for mutual trade with the Natives , being brought with much kindness , so communicable , as to be hired servants into private families . But at last maliciously envying at the English , consult with themselves to massacre all at an instant ; their intent failing in the whole , they found means to murther three hundred fourty seven persons , being but the eleventh part of the twelve parts of the rest . The customary practice of the Indians , is to disperse themselves into several Colonies , as naturally affecting division , under sundry Governours Supreame ; yet now in policy confederate amity , to work their Design for destruction of all the English , through out all Colonies at once , separate and very remote . But their plot necessarily to be divulged in common , not mistrusting discovery from any of their own . Yet it pleased God in mercy to put it into the Mind of an Indian servant to one Pace , to discover it to him overnight ; who first securing his own Habitation , with all possible speed gave waruing to each Plantation , by several intelligence , and saved the rest , but in the fury three hundred fourty seven were slain . And since that time the English are more wary to guard their houses . And as the best Maxim in policy to separate the conjunct affections of their Indian Kings to make themselves the more secure . It was the Spanish policy that got them the two rich Kingdomes of Peru , and Mexico in America , for the two heirs Brothers Attapalippa and Gasco , quarrelling for the Kingdom , each striving to gain the Spaniard to friend , Francis Pizacro managing their differences for his own ends , stripped them both of Peru. So did F●rdinando Cortes vanquish Matezumo , and got Mexico by the Neighbour Friendship of the Province of Tascala , deadly Enemies ; for which service that Province is freed from Tax for ever . So did the Romans advantage overcome Great Brittain , as Tacitus sayes , Ita dum singuli pugnant universi vincuntur . And Iustin hath the same with the Grecian Cities . And hereupon King Iames furnished these Plantations with ammunition and arms out of his own store-house at the Tower at his charge . There were likewise shipped unto Summer Islands ( so named from the first sinder and Planter Sir George Summers ) alias Burmudoes , above a thousand persons , and nine Ships to transport them and to trade , who have since so increased that they are forced to fly to the Main for elbow-room , see before anno 1614. Page 400. The King and Parliament asunder , it was resolved with his Councellours to speed Digby into Spain Extraordinary , to proceed in the Treaty of the Match ; Sir Francis Cottington Lieger there ; form whom Digby had knowledge of that Kings Progresse , towards the North of Spain , to Lerma , a Town in Biscay , whether the Duke thereof , a sublime Favourite , had invited the King to his Princely New Pallace ; which might save Digby the trouble and discommodity of riding many leagues to Madrid , to meet there , though it is to be understood by those that know , that the Court and Council , and State of Spain , are said to be alwaies residing in Madrid in New Castile , for receiving Ambassadours , and making dispatches ; yet the amity of Digby with that Council , hoped now to alter that Custome , in favour of this urgent affair and him . And therefore lands , as the time and weather would afford , the neerest Port Saint Andrews in Biscay ; there he stayes ; sends his Secretary to Madrid , to signify to Cottington his arrival , and reason for resting there , as yet , intimating that if he could surprize the King at Burgos or Lerma , so far neerer his return home , might there also hasten his dispatch upon that so reasonable consideration . The King in complement told Cottington , That he hoped the Ambassadours business was of more weight than to be taken up in the road , where it became not his Majesty to return him back to his Master without entertainment of the Court of Spain . But Digby understood this as State formality , and pressing his own conveniency , was at last ordered to have audience at Lerma ; whereupon Digby might say , without merit of a scoff . [ That it was the first President of honour to an English Ambassador , and to his person a particular favour . ] And so he sest forward to Burgos , where Cottington meets him , whom he returns back twenty miles to Lerma , upon serious affair , to prepare some of the Council with such interests , as were intrusted , besides his sealed Commission , resolving himself to follow at the heels , with surprize rather than Ceremony . Yet the Kings Coaches came to wait on him neer Lerma unto Villa Mansa , where he reposed till the Conde de Salazera Maior-Domo , one of the Kings Stewards , the Conde de Villa Madena , Correjo Major , or Chief Post-Master , and the Viscount Toriza , accompanied with several attendants , conducted the Ambassadour to Court. Thus far , and in truth was the passages of Digbyes Reception , which our Author abuses with base absurdities . Abbot Arch-bishop of Canterbury , aiming with a Cross-bow at a Deer in Bramzel park , killed his Gamekeeper with the Arrow , for which act having his hand in blood , he is by Common-Law to forfeit all his estate , and by the Cannon-Law , irregular , ipso facto , and to be suspended from all Ecclesiastical function , until he be restored . This troubled the King what to do ; Not to add to his affliction , and to leave virum Sanguinum Primate and Patriarch of all his Churches , ●ounds harsh to the old Councells and Cannons ; upon either the Papists would descant ; and therefore it was referred to the Lord Keeper Williams , five Bishops , the two Chief Iustices , and two Civil Lawyers , who certifie so much ; and so he not being received into the full use of the Ministery , himself forebore the Council Table , as he told me in these words , Since they will have it so , that I am incapable of the one , I shall spare my self the trouble of the other . But he enjoyed the benefit of that See whilest he lived . Much displeased he was ( I well remember ) with the Court and Clergy ; for Doctor Lawd refused consecration of St. David by his hand , being tainted with blood ; but the Other was quit with him , for underhand he caused it to be burited abroad , That Lawd was by Puritans reputed a Papist in Oxford . And to justifie that his function was not weakned by that Mischance , he procured Commission to inquire , Whether casual homicide was not excepted in the Cannon ? In which he was satisfied that it was not ; and so retired from his Magnificent Structure , his Almes-house at Guilford , to his Palace at Lambeth , where the air of the Court , breathing so neer , and yet at this little distance he not admitted there ; he fell upon down right Puritan Tenents , which gave occasion to many discontents of our Church and State to visit him , then so frequent , that they called themselves Nicodemites , and his Disciples . And I observed very often ( perhaps therefore ) that the Arch-bishop constantly , with candle-light in his Chamber , and Study , made it midnight at Noon-day . And here he began to be the first Man of Eminency in Our Church , a Ring-leader of that Faction , for I can name those then , his private Disciples , which lately appear desperate Proselytes . The Tenents of Arminianism , which the King feared had infected the Pulpit , with so much heat , that it inflamed each opponent , so that to Suppress the danger of the one , and to regulate the disorder of the other , both offensive to the State , the Arch-bishop of Canterbury had letters to settle their sick brains to this effect . The Kings Letter to the Arch-bishop . Most Reverend Father in God , right trusty and intirely beloved Counsellour , we greet you well . That the extravagancies of Preachers in the Pulpit , have been reformed in the Realm by some Act or Council of State , with the advice of learned Prelates . Insomuch that the very licensing of Preachers , had beginning by Order of Star-chamber the eighth of July 19. H. 8. And that at this present divers young Studients , by reading of late writers , and ungrounded Divines , do broach unsound and seditious Doctrines , to the Scandal of the Church , and disquiet of the State , and that humble representations have been to the King of these inconveniences by the Arch-bishop , and other Reverend Prelates of the Church , besides his Princely zeal for extirpation of Schism and Dissention , proceeding from those seeds ; And for the settling of a Religious and Peaceable Government in Church and Commonwealth , does by these charge and command you , to use all possible care and diligence , that these limitations and cautiono herewith sent you , concerning Preachers , be duly observed by Each Bishop in their Iurisdictions to be communicated to each Minister in Cathedral and Parish Churches , of which we expect strickt account . Windsor August 4. 1621. The Directions sent with the Letter in six Articles . 1. That no Preacher ●nder the degree of Bishops or Deans , fall into any set discourse or Common place , which shall not be warranted in Essence , Substance and Effect , or Natural Inference with some one Article of Religion set forth anno one thousand five hundred sixty two , or in some of the Homilies by authority of the Church of England . 2. That none shall preach after noon , on Sundays , or holy days , but on some part of the Catechism , or of the Creed , Decalogue , or the Lords prayer ; and to incourage such Preachers as exercise children in their Catechism , which is the most landable custome of teaching in the Church of England . 3. That no Preacher under the Degree of a Bishop or Dean , do preach the deep points of Predestination , Election , Reprobation , or of the universality , efficacy , resistibility of GODS GRACE , but leave these Theams for godly and learned men , and that moderately and modestly , by way of use and application rather then of positive Doctrines , being fitter for the School , then simple Auditories . 4. That no Preacher soever shall presume in any Auditory , to declare , limit or bound out , by way of positive doctrine , the Power , Prerogative , Iurisdiction , authority , or duty of Sovereign Princes , or meddle with matters of State , and the differences between Princes , and the people , but rather confine themselves to faith and good life , which are all , the subject of the antient Sermons and Homilies . 5. That no Preacher shall causlesly ( without invitation from the Text ) fall into bitter invectives , undecent railing Speeches , against the persons of Papists or Puritans , but rather free both the doctrine and discipline of the Church of England , from the aspersing of either Adversary . 6. That the Bishops be more wary in the choice and licencing of Preachers . And that all the Lecturers throughout the Kingdom ( a new body severed from the antient Clergy , as being neither Parson , Vicar , nor Curate ) be licensed henceforth in the Court of faculties , but only from a Recommendation of the party , from the Bishop of the Diocess under his hand and Seal , with a Fiat from the Archbishop of Canterbury , a Confirmation under the Great Seal of England . I well remember these times , the invectives of the Pulpits , which truly the wisdom of State thought fit to suppress . The Non-conformist nestled himself into a Lecture , by that means depending onely upon the devotion of the Parish , was that way preferred without the favour of the Bishops . And first insinuating into the women , Wife , Daughter and Maid , infusing at their homes such doctrines as might easily catch their weak pallates , and thereupon begat the frequent writing of Notes from their preaching in publick , as it would astonish the indifferent Reader , to meet with their Blasphemies and miserable Nonsense Notes . And truly , those Lectures , wounderfully haunted by such people , in after Noon Sermons on working days , with such Stuff as savoured nought but railing against the Papist , or our Church discipline . The looseness of Servants took liberty almost every day in the week to be easied in their Labour and Callings to pretend devotion in this Ordinance of hearing Lectures in some or other Church , untill their Masters complained of that Custome . These Articles therefore were seasonably published to regulate the Ministery , and to order the catechising of children and Servants , which Godly and effectuall Way of teaching , the King had often hinted heretofore , but could never sufficiently reduce the Lecturers to obedience thereto , See Anno 1603. Pag. 300. What could the care of the King do more , to destroy the seeds of Dissentions ? Yet herein how captious Our Author observes . [ That these directions were to be observed with Caution , peaceable compor●ment , that is saies he ) Papist and Puritan's quiet , being Equilibero , the Papist in the prime scale . ] [ That the Lecturer is not to be endured , unless he pass the Bryars through all Courts to the Broad Seal ( a pingeant Ordial Trial ) with his Teste me ipso , and so becomes Orthodox , So that ( saies he ) the Lecturers are implicitely forbidden , by the inaccessible charge and trouble to come to it . That the Preachers by an Order of Star-chamber in Heaven were licensed , Ite predicate before any Henry 's time , and so bids them learn , least that Spirit ( from whom they receive the Spirit ) bind not them up . ] And indeavours to perswade [ That the Papist did forment the Animosity of the King against Puaitans ; That Bishop Lawd his Agent , though in Religion he had a Mothly form ( and quotes a Priest in Flanders that told him so ) was now become Buckinghams Confessor , under the Court Livery , and ( assures the Reader ) that the King once thought him so ; though now he became the bellowes to blow the fire for the Papist , to put the King upon all Projects and Monopolies , to sow the seeds of division between Puritan and Protestant ( for all were Puritans with the high-grown-Arminian-popish party , that held the Doctrine of the Reformed Churches . And it is somewhat true as he remembers Us [ That the Courtier ( Minister , or Lay ) they called Regians . who ( saies he ) swell up Prerogative even to all , that the people had but a bare being , which in mercy was left to them poor Republicans . That more reverence was done by the Clergy to the King than to God. And that the Iudges to inslave the people gave sacred and Oraculous Titles of the K. as of God. ] But ( saies he ) the well-affected by writing and discourse sought to warm the Kings cold temper with fresh spirits into his chilled vains in this divided Kingdom . So he This stuff smells rank of the Doctor , that refined our dead Historians work , and put it out in print as we have it . Certainly he had heretofore passed the Pikes to be a Preacher , and run through this Ordial-Tryal of his Text-ship ; who in those daies might well deserve a Duns-ship , but of late went out Doctor , to arm his Republicans ( if any such men are ) to be as arrant Rebels as himself , in what estate soever they shall chance to be lodged . But because the Reader may have better satisfaction of those times , and Ecclesiastical policy then towards the Lay-Recusants ( for such only was it needful to favour ) the King was so Popishly addicted ( as our Calumniator would inforce ) that to the incredible exhaustment of his Treasure , he most zealously intreated for refreshment and favour unto all the Protestants in Europe ( His Crown and Dominions and Denmark excepted . ) The Swedes having lately provoked the Pole , had no other hope of Peace , those of France for the exercise of their Religion , those of the Palatinate , and all the neighbouring Protestants , the least conveniency to say their prayers , but by the Kings Mediation , And being advised by the late Assembly of Parliament , into this Milky way of Intercession and treaty abroad , what a preposterous Argument would it have been to desire those Mighty Princes , crowned and victorious , to grant clemency to them , and for himself to execute poenal Laws against the Papists . The English Iesuit in France did design to frustrate this pious indeavour of the King , by writing a most malicious Book to the French King , inciting him and his three Estates to execute their Statutes upon the Hugonotes , as the like ( they said ) were here enacted against Catholiques . I would therefore advise with the most subtil States-monger , to chalk out a way for his Majesty to have mediated for grace to the Protestants , by executing at this time the severity of lawes upon the Papist . But hat this favour should amount to a Tolleration , is a most dull , and yet a most divilest construction . A Toleration looks forward to the future , this favour backward , only to offences past ; and the Lord Keepers letter to the Judges is so to be understood ; whereby if any Papist by them should be set at liberty , and should offend and laws again , the Justices may , nay must recommit him , and leave favour only to the King , to whom only belongeth Mercy . Nay , more , let these two writs directed to the Judges be perused , by any rash censurors ( as they were resolved by grave and learned men ; to whom the King committed the penning ) and it will appear the Papists were no more out of Prison , then with shackles about their heels , sufficient Sureties , and Recognizances , to present themselves at the next Assizes . So they being grasped in the custody of law , or rather imprisoned still , than with any liberty . And in truth they were by this tender favour , to be reduced into a better behaviour , or otherwise upon tryal , the King was to recall his writ , and leave them to extremity . But if a Critique will conclude an Argument from the Devils Topicques , a converto ad abstractum , from a favour to some well-minded English Catholique , reasonably to be distinguished from others , what therefore , is the King turned Roman Papist , whose wise discourses , learned Writings , pious Exercises , Acts of Parliament , late Directions for catechising , Preaching , and all other professions , hath manifestly declared himself to all the World , an Orthodox resolved Protestant . But the Spirits of wisemen are now satisfied that ( those airy Representations of ungrounded fancies set aside ) this Island of all the Countreys of Europe , was then the sole Nest of Peace , and true Religion , and the inhabitants most unhappy now , that they looked not up to Heaven , to give thanks for those mercies then . Thus much the King had to do to keep these Men in obedience at home , being intent also upon his honour abroad ; And having yet in this time of Treaty , assisted Holland in an open way of Men and Money to ballance them with Spain , and Recruits dayly sent over ; so plentiful , that sale was made of our men , more than they used . The Spanish Lieger took exceptions ( and that justly ) that in time of Confederacy , Treaty , and Union of a Match , such partiality was afforded to the Enemies of Spain , and no more interest of Confederacy with our King , than we with his Master . To balance both the King grants freedome alike to his Subjects to be called by Drum to either service , when it was evident that only one Regiment went away with the Lord Vaux to re-inforce the Army in Flanders , and seaven thousand were carried to Holland . Besides , it was intended more policy to the one , then equality to both , to be rid of the Papists , ( which he sayes ) infected the Kingdome . And whilst the Commissioners on both sides argue the Articles , the Pope no doubt meddled with Spain , in the Matters of Religion proposeable on that part . It was prudence in the King to permit an active Man Mr. Gage his own subject , though Romish Catholique ( for in businesses they are not such Bug-bears ) to be at Rome to pry into the Popes actions ; and did recommend the affair unto the Cardinals Ba●dino and Lodeviso , as the passages might correspend with disputes and differences in points of opinion , Moral and Divine . But in his letter to the King of Spain , disclaims any Treaty with the Pope , or to observe his rules in reference to his Son. Was it not an oversight ( tro you ) that some better affected Puritan was not put in for an Intelligencer : What mad Work such an one made once at the Popes Altar ? But not to spend Paper to answer such a Cutter of Cummin-seed , Digby had express commands , Not to wast time with the Spanish Delaies , either for dispensation of the Match from Rome , or cessation of Arms in the Palatinate ; H●idleburgh being then besieged , and the English Garrisons blocked up ; Of all which the English Ambassadour , Sir Richard Weston at Bruxels , disputing with the In●anta , had no redress as the Copyes of the Dispatches intend ; for he was commanded to represent the merits of his Master for sincere proceedings with the Emperour and Spain , upon protestation of their Extraordinary respect . However the Palatine had deserved , That the way is now pr●pared , that the English may have the honour to hold those places which are not in dispute , untill the general accomodation , without more amuze , or further treaty of Cessation , and before the whole Cou●trey be seized , or our Treaty ended . Refers him to the Dispatches , to be furnished with Arguments of unkindnesses , there notwithdrawing the Spanish forces , but leaving the business to discuss with the Emperour and Bavaria . That the Infanta's Answers , with Recrimination altogether Minister jealousie of the Emperour and Spaniard , if he consent not ; for if those things be not forthwith remedied , the King of England will recal his Ambassadour from Bruxells , as an unkindness , deserving from the Emperour . Not to be interpreted , as to reflect upon the intire affection , between those two Crowns of Us and Austria , being mntually promised , That as the King expects his Son in Laws dependance on his advise , or to be forsaken , so in the same measure it is just for Spain to decline the Emperour . And concludes with this honourable Item ; To carry things fair , without cause of distrust , if reality be perceived on their part in the Match , wherein the King excepts against their dull diligence depending only upon the Dispensation , and in returns of Queries and Objections . But as the King will not be wearied with patience , so Digby is warned to be wary and watchful in the Overtures of the Pope , as a Postil unto the Articles of Spain ( which Gage got , and gave warning of here . ) And to admit of no more respite then two Moneths , and no more at all . That so their resolution will be before Christmass . Wansted 9. of September 1622. Thus much to Digby . But whether Digby pressed these particulars , the Palatinate , was at the brinck or last cast , in Frankendale , now blocked up : The Popes captious capitulations in reference to the Dispensation , obtruding and intruding Novelties , never as yet disputed . Yet he plainly tells the Spanish Council ( the old King lately dead ) If these offers of his Master be not ballanced with the like from theirs , without loss of more time , he is commanded to take leave and return home . But ill news hath wings ; the loss of the English Men , and the Palatines Country , came faster to the King , then could be supposed by Digby , who it seems was loth to leave the imployment in suspence , for any other to negotiate ; or , by discovering the Spanish deceipt , to give end to any absolute breach ; for here at home he was somewhat suspected not to deal fairly abroad , which as yet the King was loath to see ; And therefore quickens him again , with the particular relations of the losses of the Towns in the Palatinate , Heidleburgh forced , the Garrison put to the Sword , Manheime besieged , and the Infanta not commanding Cessation , wherein she had absolute authority , and that these effects give the King reasons to recal all his Ambassadours . Weston ( now Chancelour of the Exchequer ) and the Lord Chichester from Bruxels , having trusted to Treaties , which probably might have secured the remainder of the Palatinate , the English Garrisons being rather maintained in honour to keep footing until the General Accomodation , more in assurance of Friendship by Treaty , then of force by fighting . And therefore to put the Spaniard to it , he was to demand , under hand and seal , either the Rendition of the Town and Castle of Heidleburgh , ( seventy daies after audience ) in condition as when the Palatine had it ; and the like for Manheim and Franckendale , if either be taken whilest this Treaty , as also cessation there for the future upon the Articles of Sir Richard Weston . The Treaty which the Emperour propounded by Articles in November last , to which the King of Spain then condescended . if not in all these . Then , that the King of Spain join with the English for recovery thereof , thus lost upon this Trust ; and to permit English forces to pass the spanish Territories into Germany ; and in every particular herein , Digby is peremptorily enjoined to be assured under hand and Seal within ten daies after Audience , or else immediately after to take leave and return . October 3. 1622. Thus the King fights and treats , not as in love with a match absolute , upon any uneven Terms then , as our mad World would make us believe them now , from whose pens and Pasquils , the Kings mind is pretended to be unmaskt , [ as mean and fearful ] for he being heightned with hopes of powerful assistance from his Parliament and people , the King to satisfie in some measure , the suspition of the world , and well-mindedmen , that he withdrew not his affection from his children for fear of any Enemy , to cosin himself with a Spanish Cheat , never meant him in a Match , these proceedings will unmask . And why to be charactered [ Studious of Peace somewhat overmuch ] truly not so for a Christian King , and therefore not to be [ imputed to Pusillanimity ] admitting [ His Son-in-laws extirpation from his Patrimony ] which himself was justly the cause , not the King. Nor is it handsome to say to his dishonour confessed [ That the Austrian Family cojol'd him in delusory chat , with specious falasies ] whilest the Author is pleased to abreviate that tedious Treaty , and loss of three Towns , and afterwards the whole Palatinate into three lines , with this Observation [ That the moity of the Money spent in Ambassyes would have modelled an to have mastered the Imperious Eagle . ] And so the short Relation , with unskilful Surgery to cauterize , not truly to characterize the Wisdome of this King , in such difficult designs as were intent , more against him , than against many other Princes his Predecessors . But these proceedings ( I say ) will unmask all ; for from outward force , he was left in the lurch even by his own people that put him forward , and yet having more desperate conditions to work out at home , then was urged abroad ; He in this Dilemma , bringing all his possibilities to this exigent and ending , sends suddenly after his Pacquet , this Item to Digby . In Case of Rupture ( which the King was to mannage with most advantage ) not instantly to return , but privately to advertize hether to the King himself , and publickly to give o●t the contrary , that accordingly he might deal with his Parliament , who stood at gaze to entertain the bad effects , not to welcome good fruits of this tedious Treaty . What ere the King commanded , then daies expired , and no satisfaction , yet Digby , created Baron 1618. and now by Patent Earl of Bristol , spins on the Treaty , willing to accept of any trifles to animate the King , whom he fed with certain hopes of real intention in Spain , till all was lost indeed ; And yet the Articles of marriage handed to and fro , with such copies as each fancy led him to falsi●ie ; of which one inserts them in print ( besides sundry others his excellent Authors ) The fabulous French Mercury , and Mr. Prinns Hear-say ( though his ears were cropt ) and saies , [ That this onely came from the Neast , kept at this time with scarce a Feather amiss , and so humbles them to the Readers acceptance , onely to tell us , what pains was taken to little purpose , where no Intention meant performance . ] And this he intends to prove out of the yong King of Spains Letter to the Count Olivares . The King of Spains advice to Olivares . That the King his F●ther at his death declared his intent , never to marry the Infanta with the Prince of Wales , which Don Balthasar , Uncle to Olivares understood , and so treated with intention to delay it . Yet being now so far adv●nced , he wishes him to direct the Treaty , but in all things to procure the satisfaction of the King of Great Brittain . Novem. 5. 1622. It is true that the King writ this Letter to Olivares , and likely enough , that in the first Motions , the State of Spain might heretofore unsettle . But now , that the Treaty had brought their Negotiations to some concernments ; therefore Olivares , within three daies after ( so suddenly ) returns Answer to that King ; wherein posterity might apprehend the several true Interests of all , and more cannot be surmized , than that which Olivares himself does herein confess , which it seems escaped out of Mr. Prinns hidden works of Darkness , and thus it follows . Olivares Answer to the King of Spains Letter . SIR , Concerning the Estate , which we find in the Treaty of Mariage between Spain and England , and being well assured how the ministers understand it , who treated in the time of Philip the third ( that is ) that their meaning then was , never to effect it , but only by enlarging the Treaties and points of Mariage , thereby to make use of the Friendship of the King of Great Brittain , as well in matters of Germany , as those in Flanders . And suspecting that your Majesty is of the same opinion ( although the Demonstrations do not confirm it ) and that the Infanta Donna Maria , is resolved to put her self into the Descalcas , when she shall be pressed thereto . I have therefore thought fit to present to your Majesty what my zeal hath afforded me ; the time most necessary , for your Majesty with your Ministers to resolve what is fit . The King of Great Brittain , finds himself equally ingaged in two businesses to this Marriage ; moved thereto by conveniencies of your Majesties Friendship ; in making an Agreement with such Catholiques , that he thinks are secretly in his Kingdom , and so to be assured of them , as likewise the honour in Mariage , with one of the House of Austria , and the best born Lady in the World. The other is the Restitution of the Palatinate , in which he is yet more engaged ; for besides that his Reputation is at stake , there is added the love and interests of his Grand-children , Sons of his only Daughter : which in nature and reason of State are to be preferred , what soever conveniencies might follow by dissembling what they suffer . I dispute not , That that Kings concernments herein are to be Governed with Art and Friendship . He hath used both ; but as precisely , not necessary ) I omit it . But , as a Maxim , I hold these two Engagements ( to him ) are inseparable . And for us , though we make the Marriage , we must fail in the other ( most necessary ) the restitution of the Palatinate . Thus much supposed . Having made the Marriage in the form as it is treated , your Majesty and England , will be ingaged in a War against the Emperour and the Catholick League , and so to declare with your Arms. Or declaring for the Emperour and the League , ( as certainly you will ) you will be forced to a War against England , and yet your Sister married to his Son , with the which all conveniencies whatsoever that were formerly thought upon , will cease . If your Majesty shall shew your self Newtral , the first will appear very scandalous . and with just Reason , since in matters of less opposition than of Catholiques against Heretiques , the Arms of this Crown hath taken part with the Godly against the convenient party . And though at this time the French have taken the part of the Hollanders against us , your pitty is such to send your Arms agains● the Rebels of that Crown of France , leaving all the great considerations of State , only because these men are enemies to the faith of the Church . It will oblige your Majesty to give good occasion to those of the League to make use of France , and other Catholick Princes ill-affected to this Crown , as necessary for them so to do ; and these men against their own Religion will sement , and assist the Heretiques for hatred to us ; and follow the contrary party only , to leave your Majesty with that blemish that never hath befaln any of your Predecessours . Besides , the King of England will remain offended and disobliged , seeing neither interests nor helpers do follow ; the allyance of this Crown , is likewise the pretext of particular resentment , for having suffered his Daughter and Grandchildren to be ruined in respect hereof . For the Emperour , though he be well affected and obliged to us , in making the Translation at this time , as business now stands ( the Duke of Bavaria being possesed of all the Dominions ) and though he would dispose all to our conveniencyes , it will not be in his power to do it ; as your Majesty may see by the Memorial , the Emperours Ambassadour gave you yesterday who make it certain . Since in that List of the Souldiers , that every one of the League is to pay , Bavaria alone will pay more , all than the rest joined together , Which shews his power and intention not to accommodate matters , but to keep to himself the superiority of all in this broken time ; the Emperour is now in the Dyet , and the Translation is to be made in it I propose then for this Estate , to conserve the means for a Conference with your Majesties Ministers ; for the Difficulty will be to find a Way to make the present Distracted Affairs straight again ; which with Lingring , both the Power and the Time will be lost . The Emperour ( as your Majesty knows by his Ambassadours ) desires to marry his Daughter with the King of Englands Son , and I doubt not , but he will be likewise glad to marry his second daughter with the Palatines Son. Then I propound that these two Matches be made , and set on foot presently , giving the King of England full satisfaction in all his propositions , for the more strict Union and Correspondence , that he may agree to it . And so all the conveniencies of allyance with us , will be as full in this ; for it accommodates the matter of the Palatinate , and the Succession of his Grand-children , with his honour , without blood or treasure , together with the interest of the Emperour , the conveniencies of England and the Palatinate , and to reduce the Prince Elector , that was an enemy to the obedience of the Church , by breeding his Sonnes in the Emperours Court in the Catholique doctrine . To conclude , the business is great the difficulties greater , than perchance have been in any other Case . I am obliged thus to represent it to your Majesty , and shall further shew what I think fit foe disposing of the things , to the great Ministers of State if your Majesty please ; being helped with the good zeal of Count Gondamore , and God his blessing therein : so much for his Honour , and your Majesties service . Madrid Novem. 8. 1622. Olivares . A wonder to some , why this Bird was not hatcht in our Historians nest , for it was fledged with the rest , and writ ( you see ) but three daies after for Answer , and might have been nestled in Mr. Prinns ●abal , if either of them had been so honest , as to preserve a truth . Some reasons besides , which animated King Iames to proceed , having wasted much time of Tryal by his Ambassadours in Spain , and with theirs here Gondamore , a Man of subtile wit , yet prevailed more with us by the advantage of time and our own distempers , than by the virtue of any worth in him ; who having done here , as you have heard , was called home the last year , and Don Iuan de Mendoza Marquess Inojosa , with Don Carlos de Colonna , sent hither Extraordinary , with whom here passed more narrow overtures in the Match , besides what was acted beyond Seas , with such effects as are before remembred . And being a mixed business of Love and State , and yet in them the common good and quiet of Christendom involved ; standing upon desperane terms , had the more need of desperate Cures : It was therefore resolved here , to intrust it wholy and secretly to the Suitor himself ; the Prince with his Confident the then Marquess of Buckingham for a journey to Spain . And the seventeenth of Febr. 1622. disguised with their single Attendants , Endimion Portor of his Highness Bed-chamber , and Richard Graham , Master of the Marquess Horse ; meeting Sir Francis Cottington the Princes Secretary at Dover ; These only hazard a journey by the way of France , land at ●oloign , post to Paris , and had ●ight of a Mask there , and the first view of the Princess Henrietta Maria , his after Queen and Consort , in anno 1625. From thence in haste , and some difficulty to Bourdeaux , and after to Bayon ; the Confines of France : and from thence , no sooner gone , but that the Governour Count Graimont , had notice by the Currier ( who carryed the advice from hence to the King of Spain ) that the Prince of Wales , was gone thither . Where he arrived at Madrid , fryday the 7. of March at eight a clock at Night , in thirteen daies from Paris , seven hundred fifty miles , and alighted at Bristols house , the Extraordinary Ambassadour , and Sir Walter Aston Lieger , intrusted underhand to overlook the others actions , in this particular , being hitherto , suspected of the Prince , to be too much Catholique there . So that this sudden arrival , startled Bristol , that was a stranger to the Journey ; which met with such success afterwards , as the measure of his Malice did meet out ; Together with Gondamores regret ( on the Spanish party ) who with all his wisdome , more by estimation then merit , was abused also at home to credit what was commanded to him , who thought nothing more sure then now to be effected . The next morning the Arrival of Buckingham was willingly discovered to Gondamore , and so to the Conde Olivares , the Spanish Favorite , and by him to the young King Philip , who gave him leave to visit the Marquess , and Order to be brought to the King in private to whom he delivered King Iames his Letters ; and discovered that the Prince was come ; and therefore with the Ambassadours was returned , Olivares with the Kings salutations of honor and welcom . Where it was observed that Olivares would not be covered , though the first Grandee of Spain , who are not bare to their own King. The next Sunday afternoon , though in Lent , upon Design 〈◊〉 〈◊〉 desire to take view of his Mistress , The King , Queen , 〈◊〉 Infanta , and the Infantes ( Don Carlos and Don Ferdinan●o , his two Brothers ) with a great Train of Coaches , took air upon the Prado , a publick place of Recreation , where the Prince likewise ( disguised ) in the Duke of Ceas Coach with his English Train , made divers turns , and so had sight of the Infanta , not refraining though , to salute each other with seemly congies . The King desired to visit and imbrace the Prince at the Earl of Bristols House . But to avoid that disadvantage , the Prince would not be denyed to pass to the King , who therefore appointed half way , where he stayed , and there they met . The King got out of his Coach first , and imbracing the Prince with wonderful Kindness , made incomparable professions of love and honour . In the strict Obligations which the King his Father , and His Highness Himself had cast upon him , by that singular act of Confidence and Favour . To which the Prince replyed , That he was Royally recompenced by the honor he receives , to be his own Advocate in this His High Design to visit His Majesty and His Princely Sister . And taking Coach together , He forced the Prince therein first on the right hand . Bristol interpreting between them ( for the Kings of Spain do not descend to give honour to the French tongue ) and return home by Torch-light . On Munday the Prince was visited by Olivares , to let him know , the Kings Publique Devotion unto the Monastery La Merced , attended on Horse-back with a glorious Train of which the Prince had sight , and so passed that day in Recreation abroad . The next day the King sent two Dukes to visit the Prince , with this Complement , That seeing the good service of the Conde Gondamore had imprinted such a singular Character in the K. of Great Brittains affection , to trust so excellent a terasure into Spain as his Highness , therefore he could not suffer any Subject of His unadvance● , who had been so graciously accepted in Eng●●●● ; For which cause he was resolved to make him a Counsellour of State , though he accompted him indeed as an Englishman , Nay , rather for that respect , that they might be the more confident of his proceedings , and Privy to the Inmost actions ; and the Prince was impowred to establish him therein . For which Gondamore falls down at His Feet , and being by His Highness addressed to the Court was instantly sworn . Not long after was proclaimed a General Pardon , Of all Offences , and all Prisoners within the Continent of Spain released ; and all English Slaves for Pyracy or Mortal Crimes , were set at liberty , and manifested to be done in contemplation of the Prince . The 16. of March appointed for the Princes Triumphal Entry through Madrid . The day before , were presented two Barb-Gennets of excellent value , for the Prince to choose , and the other for the King. The Morning come , four Counsellours of State were sent to attend , and to conduct him to the Monastery , St. Ieronimo , neer Madrid ; from whence the Kings of Spain , make their solemn Entries of Coronation ; where he was feasted privately at Dinner by the Kings appointment . After Noon , was ●ent by the Prince in giving Audience to the Inquisitor General , and to all the several bodies of Counsels ( which continually reside in the Court at Madrid ) except only the Council of State , which never makes visit in Corps ; the rest did ; being of Castile , Arragon , Portugal , Italy , Militia , Indies , Treasury , and Exchequer , &c. The Corrigidor and Regidores of Madrid ( the Governours ) had audience likewise . About four a Clock in the even , comes the King , whom the Prince receives at the ●ate , and all things in Order they dispose to be going ; They came in Coaches , but now all Mount on Horse-back in Magnificent manner , and riding to the entry of the Liberties of Madrid , there attended twenty four of the Regidores with a large Canopy of Tyssue ▪ rich imbossed ( being their office to bear it ) were apparelled in rich Cloath of Tyssue , lined with Crimson Cloath of Gold ; They both came under the Canopy , the Prince alwaies on the right hand ; Before them the Courts and Ministers of Justice . Then the Grandies , and all the principal Noblemen in excellent Bravery , attended by their Followers in rich Equipage and Liveries ( a custom in that Kingdom wherein they have excess . ) Next after the Canopy , followed the Marquess Buckingham , and the Conde Olivares , as Masters of the Horse to them both , with eithers cloath of State ; which Canopy was presented to Buckingham , as a Fee to Him in that Office , and serving for the Prince , in whose honor , that daies action was performed . Then the Earl of Bristol , between two of the eldest Counsellours of State , and a Gentleman of the Bed-chamber ; Sir Walter Aston following them , in like manner accompanied . The rest of the Council of State and Bed-chamber , next after . Then that goodly Guard de los Archeros , bravely clad in gallant manner ; then numbers of gallant youth followed , being of the glory of that Court and Kingdome . The windows decked ( you may believe ) with the painted beauties of t●e most famous Donna's , the Houses outwardly furnished with hangings of Arras and Pictures ; the Streets scaffolded , and here and there in more eminency were raised Temporary buildings , whereon the several bodies of the Councills sate , to see and do reverence , and by the way several Pageants , Representations of the rare Comedians and Dancers ▪ and all to give content to that Royal Pair , as th●y passed by untill they came to the Court-Gate . The Queen , and Infanta were Spectators , but soon retired to the Pallace to receive the visit ; the King and Prince embracing , passed up to the Queens Quarter , whom She received at her Chamber Door ; and conducted him to and under the Cloath of State ; they sat on three equal Chairs , the Queen in the midst , the Prince on the Right hand , the King on the Left. The Room richly furnished , but more , by those excellent beauties , the living Tapistry of Ladies , Noble Mens Children , called Menines . Madam ( said the Prince ) the Honour of this Dayes Solemnity is due to your Majesty , which conveys Me hither to kiss your Princely hand . And so stooped to her Knee . Sir ( said she ) It is to your Highness , and in such manner as to the Royalty of Spain , due and done to your excellent merit . And so passing half an hours complement in French , which is natural to her , she brought them back to Her Chamber-Door . The King conducting the Prince to his Lodgings , a quarter of the Court , prepared for him with all magnificence . At the entrance , stood the Infantes his two Brothers , and so all three conducted the Prince into His Bed chamber . And then the K. t●ok the right hand , Because ( said he ) your Highness is now at home ; and so left him to his pecul●ar attendants , and other Officers of honour , especially Grandees mixt amongst them to wait the Princes pleasure . And within an hour comes the Conde de Benavente , as Maior Dorro to the Queen , with a present . A Fair Bason of Massy Gold , born by two Men , A Cu●●ous imbroidered Night Gown laid double in it . Two great Tr●nks bound with bands of pure Gold , studded very thick with nails of Gold and Locks and Keys of the same . The Coverings and Linings were of Amber Leather , filled with several Delicacies , curious Linnen , rich Perfumes . A rich fair Desk , full of rarities in each Drawer . And Buckingham was remembred by a Present from the Countess Olivares . Fire works were made , and Torch Triumphs in all Houses , and Windows for three Nights together by Proclamation , with wonderfull acclamations night , and day crying Vive el Principe de Galles , Vive el Principe , &c. And thus settled at his home , attended with all the like Officers as the King , and of the same ranck and quality , with the one half of his Guard with golden Keyes of the Court to dispose to such English as the Prince was pleased to intrust . Great Triumphs in preparation , and the principal Nobility in Aragon sent for to honour the Court , and for the glory and lustre of the same . the Edict for restraint of all excess in point of apparel was suspended . Some daies after invited to run at the Ring , in presence of his Mistress , he took it at the first course , with acclamations of joy and honour ; The glory of which challenged fate to finish his desires with good success in the Infanta's favour . And although some daies had passed with utmost extremities of ga●lantry , yet saw he not his Mistress , but at those distance●● ; which was excused by Olivares , That the custome of the Nati●● in Princely Overtures with Infanta's , was not to take view of neerer affections , till the Dispensation from Rome should come to admit them Lovers . Yet ( as a Prince ) he had access often in presence of the King ( for privacy is not admitted between Brother and Sister of Royal descent ) yet the Prince at these interviews , spake to her by Bristol his Interpreter . By this time the Court of Spain , was changed into English Lords , and Buckingham created Duke by Patent , carried over by Viscount Doncaster , lately made Earl of Carlile , and every day brought thither the affluence of fresh Gallants of English Nobility , the Earl of Denbigh , Viscount Rochford , the Lord Kensington , Caecils , Herberts , Howards , not a Noble Family that failed to tell posterity what he had seen in Spain . There is one who will have the Prince soundly beset for fair hopes to turn Papist ] a scandal not worthy the confutation , for I have heard it discoursed oftimes afterward , when the Duke , Kensington , ( after Earl of Holland ) and Denbigh with others avow , to the world thar there were never any proposals or designs to alter the Princes Religion ; for indeed it was so unlikely that in it self , it might be sufficient reason to hazard his succession . Though I may be easily drawn to believe ( and do know some particulars ) that the Arts and Engines at Rome , were set on work and vainly whetted for that advantage ; and that the outward acts of State in that Negotiation , might mix secret workings , with circumstance and respects to the Romish Religion ; and might thereafter through that Expedition amongst free Wits , and French Gazets , under divers censures since , not proper for me , in these our last daies , so to dive into as to convince the malice of Libellers , These our Authors , Mr. Prinn , and the French Mercury , and other such stuff . T is true too that the Dispensation moulded at Rome , induced the Pope Gregory , to write to the Prince , not improper so to do ; and as handsome for his Highness to afford an Answer ; both are in Print and common ( such as they are ) and of custome may be somwhat corrupted in the truth of what was writ , and by the answer we may understand the other . The Princes Answer to the Popes Letter . Most Holy Father , I Received the Dispatch with content , and as the respect and care , wherewith Your Holiness writes , doth require ; Being unspeakable the Delight I had to read the generous Exploits of my Noble Predicessors , to whose memory Posterity have not sufficiently given due Elogies of Honour . I believe your Holiness sets their Examples before me for my imitation , and the courage which they had to exalt the Cross , hath not been more than the care which I have , that the peace of the Church might be bounded in true Concord , and as the glory of God requires our endeavours to unite . I do not esteem it greater honour to be descended from such Princes , than to imitate them in true zeal of Piety : in which it assures me much to have known the Mind and Will of Our Thrice Honoured Lord and Father , to give concurrence to so laudable a design ; for it doth not a little grieve him to see , that great Evil grows from Division of Princes Christian , which if this Marriage between the Infanta of Spain , and my Self , may procure , I shall the rather conclude my happiness therein . For as I have been far from incouraging Novelties , or to be a Partisan in any Factions against the Catholique Religion ; so shall I seek occasion to take away suspitions , that I desire but One Religion , and One Faith , seeing We all believe in One Iesus Christ : Having resolved in my self to spare nothing , that I have in the World , my Estate and Life , for a thing so pleasing unto God , whom I implore to give your Holiness health and happiness . Charles Stuart . [ A fatal Letter ( saies one ) whether this profession of the Prince did not rest upon him at his death ? ] was it such a sin in the Prince to wish and endeavour unity of faith and profession in Christ Iesus . But thus he carps at every clause , and descants on each syllable , adding the words Apostolick Roman , for Catholique Religion , as shews he took time and leasure to leave his Book large , and which inforces my Replies to this bigness of a Bulk . And now arrives the Dispensation from Rome , and thereupon the Articles signed by that King , and Our Prince , were sent over to England , for our King and Council to consider . When Abbot Arch-bishop of Canterbury ( in suspension of his function as you have heard , and not comming to the Council Table ) somewhat factious to foment errours of State. Our Author saies [ had the badge of a puritan clapt upon him ] and undertakes to join with the jealousie of fools [ That hereupon a Toleration must needs follow ] and so as a chief Stickler , having no Office , nor much esteem to hazard undertakes a long Letter to the King , which perhaps was penned to please his Disciples , with copies to publish in print after his decease , we never heard tidings of it till now our last daies , for Abbot Arch-Bishop of Canterbury , Primate of all England , was the first Man that signed to the Post-script , which attested those Articles of the mariage , and so did all the Privy Council . If not he ? than none at all . O! [ but the good old man is excused , Being much against his mind , and swore with as little zeal to observe it : such power ( saies he ) have Kings over Mens consciences ] And I can tell him that there were two other Bishops , Iohn Bishop of Lincoln , and Lancelot Bishop of Winchester , Men of far greater merit , and high esteem , and evener Conscience , that subsigned with him . These Articles were concluded with a sumptuous Feast at White-Hall , and the Spanish Ambassadours invited that day to Dinner ; but what to do ? [ That after Dinner they might take a private Oath of the King. ] For what ? [ Marry , in favour of Papists for free exercise of their Religion in all his Dominions , and that the Parliament should confirm that Oath . ] T is strange ; That the Oath never came to light ; but is it lost ? Nay , for the Author had the Articles in keeping , but not the Oath . [ Hereupon ( he saies ) followed disputes of Religion frequent ; Doctor White , and Featly , against Fisher and Sweet , and sets down thirteen points of Popery , which they are not able to prove . And that presently thereupon a Chamber-floor at Black-Fryers fell down flat with the weight of the Auditory three hundred at a Popish Sermon , and a hundred killed out-right ; besides many maimed ; as the immediate hand of God a great Iudgement , or an unfortunate Mishap , through their wilful stupidity . ] Abating his numerous Hearers also , there was indeed fifty found dead , and dying . It was in truth a miserable Spectacle for doctrine and use to all . Not as the fall of the Tower of Shilo was apprehended , of such as mistook the Justice of God , as peculiar only to those that suffered , but ought to be example to all , to amend their lives also ; yet see our Hypocrites charity to himself , and censure of othe●s . In this while the Articles signed are sent to Spain , and some outward preparations here anent the Infanta's entertainment , if she should come . A Chappel new built , adjoining to Saint Iames , the place for her Court. In Spain she was wantonly stiled Princess of England , and more frequent Meetings , afforded Her Suiter . In an in●tant Pope Gregory dyes , so that the dispensation not made use of as yet , was invalid , and a new License must now refer to Urban , that succeeds to the Chair . Winter quarter was come , the weather foul , unfit to travail and might indanger the Princes Return , by rough Seas , and therefore was invited to stay till after Christmass , and so to take his Consort with him . The Prince , and his Council doubting more delaies ; sent word to England , for the Kings consent to return speedily , and had accordingly warrant , by the next Expresse , to take leave of Spain . This news so sudden startled that State ; to have the Sister of so great a Monarch , and the best born in Europe , to be left by her Lover ; with much regret that they had gone thus far forward , which Olivares took upon him to quarrel , and in heat of discourse hereabout , with the Duke urged their sudden resolve of parting to be hastened by him , without the Princes intention . And Sennor Duca ( saies he ) you have not done well with us , to represent our affairs to your Master in evil sense . Buckingham told him , His information came far , but wished the Intelligencer there present . It cannot be denyed ( saies Olivares . ) It is false , ( said the Duke . ) The other starts back , in mighty passion , seeks for the Prince and tells him all . And had this Answer , He might not believe it , without just cause given or ( otherwise ) much mistaken . The Condies choler not abated , he finds out an English Gallant , Sir George Goring , and in Language of a Challenge complains , That did not his own sense of suffering come in competition with his Masters honour , the Duke should know the danger of the Ly. But he was told the others temper ; Whom no threats could ever make afraid : and since your Grace seeks me out for the honour , I shall do your ●rrand and bring the Dukes Answer . Which was , That he had the like regret by being a Guest , but had rather to suffer under the power of the others Sword , than to injure truth withconsent to a contrary sense . But the King made them Friends . This great Favourite was named Gasper de Gusman , a third Brother , born in Rome , and upon the fall of his Predecessour-Favourite , and his Family , the Duke of Lerma , under Philip the third . This Man crept into esteem with the Prince at that Kings death ; he mannaged all , and was in hasty time created , Conde-Duke de Olivares , an excellent Minister of State , with much zeal and passion to agrandize his Master and His Dominions . So that the excess became his vice , to his loss of the affections of the Princes , Nobility and People ; and in time might have turned to the hazard of the whole Monarchy ; The revolt of the Catalonians first , and the whole Kingdome of Portugall following , in anno 1640. The Islands and Indies after ▪ having been sixty years under the Spanish Yoke , with several other considerable plumes , pluckt from the Eagles wings ; caused this same King Philip the fourth , afterwards to turn him off to his solitary home , where of grief he soon dyed . The Prince hastens his return , the Duke staied not that time but instantly took leave to attend the English Navy at St. Anderas , and ere the Prince departed from the King , promises were made each to other , to make Espo●sals ten daies after the Arrival of the next Dispensation . And accordingly a Procuration was left by the Prince in Bristols hands to impower him therein . And to bear the Marks of Magnificence , the King presented his Princely Guest with high and eminent gifts of value , and also to his Train : So did the Prince , if not more to the Court of Spain , especially to the Infanta , A Pearl Neck-Lace of incomparable value , which was returned after the Breach of the Business ( Mr. Prinn takes the Pains to catalogue these presents not intending it I dare say for the Princes honour in the bounty . ) And after this he takes leave . The Queen and Prince in French , wherein she was natural ; but Bristol took the Infanta's in Spanish , and turned it into English , which if not changed in the Dialect by his Art , she seemed to deliver up her own heart , in as high expressions , as that language and her learning could ( with her honour ) set out . But to put the Prince to his complement , a Notary was present , who in honour of his Highness took it upon Record , the antient custome from the Mighty . Empires of the East , the Scribe to lift up his right leg , and rest the heel upon the left Knee , and so writes . The King accompanied the Prince to the Escurial in his way to the Sea , a most Magnificent Structure , the eighth Wonder of the World , and Descriptions come short . I shall satisfy Curiosity with the Princes accompt thereof , at his return home , when he advised such as would throughly be acquainted to take the pains as he did , To go and see it . Leaving the Relation to Coriats Discription , whose pilgrimage thither , some years ago , was perfected farther upon his Ten-To ; for he died about Ganges in the East-Indies . After a Feast here ; in his way to the water side , a Stag was roused , and ( as if trained up to the chase ) he leads the hunt directly for the Journey , and also ( as if by consent falls down in a Copice , where at hand , in a full grown wood , they were refreshed with cool air , and a curious Banquet , seeming rather by Destiny than Design , seeing all accidents agreed in the impossibility of any prefixed plot . This Holocaust Sacrifice concludes their parting , which the very beast express'd in tears . And truly a Sudden sadnesse and murmur amongst them all . In which general silence , the Kings complement came breathing out . Sir ( said he ) Men most eminent are famed by their Adventures , and that your Person might give President to after times , Your Highness hath taken hazard by the hand in comming hither . Such Attempts in high Born Princes are without example ; which hath tyed up Two in mutual conjunction of Love and Honour , and on my part with exceeding Obligation . The Prince replyed , Under protection of Your Sacred Majesty all Difficulties turn to Delight , so great influence flows from You as to bind up My observance to honour Your Person ; Esp●cially in preserving My Memorie with Grace and favour to me , the most devoted to My Dearest Mistress . The Rubrick of the day shews it the twelfth of September , Anno 1623. when with imbracings they parted , and a Pillow of Marble forthwith erected there , with inscriptions for perpetual memory ; the Princes departure . And therefore a false scandal on the King to have any Design to stay the Prince [ had he not outstript the rest . ] The Prince hastens to the Sea-side , waited on by numbers of the Spanish , Cardinal Zapata , the Marquess Aytone , the Condies of Barajos , Montare , and Gondamore , newly created , the height of all his preferments for all his Dissemblings . And Don Mendoza de Alcarnes , had commission to the King of Great Brittain , and command to wait on the Prince , and so to congratulate his adventurous Journey into Spain , and his safe return into England . And from hence into Flanders , Germany , and Italy to make known to all those Princes and Potentates , Allies and Confederates , the neer approaching and consummation of the marriage , and unity of both Nations . The beauty of Our gallant Navy ( for in bigness of bulk theirs exceed ) occasioned an invitation of them by the Prince , aboard his Ship , then called the Prince Royal. The pleasant evening invites the Prince to accompany his Guests in his Barge , back to the Shore ; they had day enough , and coolest when latest , the best recreation . Besides , they gave it as a complement to take a Round of the whole Fleet , which took up more time , that had like to have been their last , for they were all almost lost . It becomes a Story of Princely hazard to tell out the Tale ; when the Recovery takes delight from the danger . The Barge-men have a custom at the Oar to be cheered up by the Boat-swains whistle , to which One and All , with courage and force strain their brawny Limbs , untill they crack again , with such a gird , as might seem hazardous to divide the Barge , and pull themselves asunder . This over-wantonly done , with too much daring , put them to want it , when they came to danger . For now the damp fog fixes , and descends to the deeps , the Sun in shame sincks down to she Sea ; the winds begin to whistle , and ere they apprehend danger , death seems to seize them with several distractions . A monstrous shower of Rain thickned the face of Heaven , so dark as Hell ; and yet the Stars were seen , affording but light to discern more dread . The Sea with flames do burn , and yet sad clouds do sink down shores ( of tears ) as if to quench them : Yo● would have thought the waves to heaven had wrought , and heaven to seas had sank , No place for Art or force . The Sea-men inured to Tryals , yet now grow fearful , horrour possesses all . No Card or compass aboard ; They steered to and fro , doubtful what to do but to drown , and first to pray , which they did ; and thereby were directed with wondrous chance to the glimpse of a candle , being the Lanthorn of an outlying ship . Hope helpt the worn-out Rowers to recover their faint hearts , and yet with difficulty , doubling the former danger , it was impossible to clap aboard , so mighty were the billows to bulge the Barge . But up they get , and all safe , for his sake , the Prince of men , and of such a mind above the Power of all ( but fortune ) Seas or Wind. And in their company departs Mr. Clark , the Dukes Attendant , sent by the Prince to see the Spanish Train safe at home , and to bring back that good News to England . This complement had more of business , for he carried commands under the Princes hand to Bristol , not to deliver the Procuration left in his charge till further ▪ Order from England , upon the extremest peril to his person ; It seems the Prince was not then over-earnest in the Match . Bristol bounded with this Restriction , by which he foresaw the fraction , having ( by agrement ) ten daies limitted after the Dispensation , should come , and so time to consider what to do ; for Clark , having no order to return , with any answer ; Bristols actions were by him narrowly observed , and advice thereof sent home to the Prince , by whose intelligence , the jealousie upon Bristol was heightned to crimes , almost to his after destruction . The fifth of October lands the Prince at Portsmouth , and the next day posts to London , with unspeakable Love in the Peoples welcome ; and therefore expressed in feasting and Bonefires ; with little refreshment , he hasteth to Royston , the Kings usual abode ▪ for the air in Autumn ; who receiving the particular and just accompt of the Devices of Spain , and communicated to the Council , it was concluded to acquaint a Parliament with all the proceedings , which was resolved with speed , February following . Then Letters were sent to the Earl of Bristol , intimating the true sense in the King and his Council , of the Spanish Forms and delaies , which the Wisdom of the Prince , by his own presence and conversation discovered most abusive . But to meet in the jusling , and yet to bring theirs to maturity . He was to suspend the Proxie till Christmass , though the Dispensation should come , the power mentioned in the Procuration being no longer of force , the Execution after that time would prove invalid ; and because the honour of England shall be preserved throughout , he was to review his former Instructions concerning the Restitution of the Palatinate , and his Son-in-Laws Electoral Dignity , and to presse them as inherent with the Marriage . But all these Items , he was to reserve to himself without discovery , untill the Dispensation should set those Demands on foot . Bristol bound up by this Express durst not break out the least limits to discover his own dislike to his Overlookers Aston and Clark , but in publick set out the Preparations of England , in more expensive proportion than those Provisions of Spain , for accomplishing so glorious a Marriage ; which put the Spaniard into a firm opinion how powerfully he had captivated the English credulity . That the Ambassadour for Poland , then at Madrid , Seeing the Corrival of his Masters Son had got assurance of his Mistress , took leave of his woing , and went home with the Willow Garland . For now the Dispensation come , Bone-fires , and Bells-jangling , were signals through Spain of the mutual joy of Prince , and people . And few daies after the Marriage was prefixt , with all possible preparations of State and Solemnity ; both for the present dependance , and future reference , even to the Ordering of her voyage to England in March after . When in the interim fresh commands confirming the former by several Expresses for failing ; Bristol opens to King Philip his Masters resolutions , That having with vast expence , and in●inite patience , expected the effects of his just desires , with hazard of the Prince his Person , to consummate his part in the Treaty , that nothing might lodge upon the King of Englands honour , so highly preserved with all Pot●ntates of Europe , and therefore unless the Restitution of the Pala●inate , and the Electoral Dignity were included , the Treaty of Mariage was 〈◊〉 to take end . The King troubled to be over-reached , and to see it without remedy fairly answered , That those Demands were not in his power to effect , the one un●●● the command of the Emperour , the other in possession of the Duke of Bavaria , and if those could not be reduced with reason , he would with Arms asist the Kings part against them , or others in that behalf . And not long after , the Spaniard taking it in earnest , and Bristol having no motion to any further address , had order ( in honour to the King of Spain ) to expect no more audience , nor to send conveyance of any more Letters to the Infanta ; and by publick command , none should call her hereafter , Princess of England , as in honor to the Match , they had usually stiled her ; and Bristol prepared to return home . The twelfth of February the Duke of Richmond dyed , that morning being found dead by his Dutchess , whom she left slumbering , as she thought somewhat early , when she arose ; and therefore forbore his disquiet , until the late hour seemed necessary to call him up to the Parliament ; but gently withdrawing the Curtains , he was found dead , without the least Symptomes of any warning to shew distemper in his body . This sudden amazement to all , caused the King instantly to adjourn the meeting till the 19. day after . Various conceipts were rumoured of his hasty end , which according to the peoples fancies , suffered several conjectures some attributing his death to an Apoplexie , to a Surfeit , to Poyson , [ which served ( saies one ) as a forerunner to the King ] for he will have him impoisoned also . The Parliament meet at the day assigned , and the King greets them . In effect thus . That to justify himself and willingness with frequency to advise with his people . He urges it by way of Parable in Christ and his Church , so he saies , as Husband to them , his Spouse , the effects of communion with Man and Wife is often visiting each other . There being two waies of Love in a King and his people , ordinary and particular administration of Iustice ; and by communicating with his Parliament . For the first , that his Government hath been without errour , he cannot say , but does truly avouch it before God , and his Angels , that never King governed with more pure , sincere and uncorrupt heart , from intention and meaning of Error , or imperfection in his Reign . The other part he imparts as a secret importance to his estate and children ; These waies , as they procure love of his People , and of them , he acknowledges the effect , whom the Parliament represents ; so he desires , That they would effectually present the Peoples Loves to him , as a true Mirrour , not as a false Glass , otherwise than it should be . In a word , he falls upon the Matter ; The match of his Sonne , wherein they cannot but know , his time spent his cost . His Reasons ; Advancement of his Estate and Children , and peace of Christendome , depending too much upon fair hopes and promises ; with the necessary hazard of his Son to prosecute his desires in Spain ; and with him Buckingham to wait his Commands , who are returned , not with such effect as was desired ; nor altogether without profit . For it took forth a point of Wisdome ; Qui versatur in universalibus , &c. is easily deceived , the Generals affording others , ways to evade , and means to avoid effects . The particulars too many for him to relate , he refers them to the Prince , to Buckingham , and the Secretaries ; that so Super totam Materiam , he may receive their Assistance and advice for the good of the Commonwealth , Religion , His Son , and His children of the Palatine . And for his Estate , it is considerable , as consisting with theirs ; And as Res Integra is presented to them , so he professes himself free to follow their best advice . By Metaphor of good Gardiners , that plant good and pluck up bad , weeds choak their Labours , but jealousies are to be rooted out ; for they are of a strange depth . And cleers himself in the presence of God , of either Remissness in Religion , or maintenance of Toleration ; what suspition might be , was when he connived at some things , which hindred weighty affairs , but never to overthrow or disagree with Our Laws ; For a good Horse-man spares the spur , and sometimes suffers the Reigns ; so a Wise King ( as his age and experience informs ) to quicken , and execute Laws , and upon just occasion to be remiss . And closes with that , which he would have take best impression , as most averse from their faith ; their Privileges . He never restrained Lawful Liberties , antiently warrantable , therefore he forewarns them ( as Saint Paul did Timothy ) to avoid Genealogies and curious Questions , quirks of Law , idle Innovations . And his prayers to God for them , and a happy Conclusion of this Parliament . Concluding with serious and Christian Protestations before God , That never way-faring Man in the burning Desarts , more desired water to quench his drought , than he thirsted and longed for happy success of this Parliame●t . that the good issue of this , may expiate and acquit the fruitless of the former , AMEN . This the effect ; His occasions were alwaies to speak much ; and his excellent abilities to speak well ; worthy of print as they are other where virbatim ; which the bulk of this History craves leave to breviate . The Lord Keeper , as Speaker to the Peers , whose place there usually adds to the Kings mind and meaning , and excuses himself , After his Eloquence to be silent ; not to enamel a Gold Ring with studs of Iron . And as One saies of Nerva , that having adopted Trajan , he was immediately taken away , Ne post divinum & immortale factum , aliquid Mortale faceret ; So he durst not after his Majesty , Divinum & Immortale dictum , Mortale aliquid addere . Of this one complains , as the temper of those times onely , [ Men make themselves Beasts , by making Kings Gods ] and advances highly the Spanish and French [ not idolizing their Kings with Sacred , Sovereign , Immortal , Oraculous Expressions , but in their Title Sir , tells the business and demands Iustice. ] When both houses had well digested the Kings excuses , and given some hopes of their good satisfaction , and so cleerly to go on to business of the time ; It was thought fit for the King to per●orm his promise in reference to further Relation of the Mysteries in the Match . And therefore after five daies breathing , the Duke of Buckingham , with the Prince , gave particular remonstrance to both Houses of such Transactions ( or so many as is necessary ) as before remembred , especially those which were mannaged by Sir Richard Weston , with the Arch-dutchess at Bruxels , in reference to the K. of Spain , and both their jugglings , viz. That thereupon the King sent Porter to Spain , and was abused with hopes to credit Bristol ; till Olivares told him plainly , That they meant neither the Match , nor the Restitution of the Palatinate . Bristol in private , discovers this freedome to Olivares , who incensed with Porter , refuses to speak with him any more . And so Bristol orders his return , with a dispatch and assurance of both Demands ; but being of slow performance , the Prince undertakes it himself in Person , where the Spanish deceipts , and Bristols connivance , being with some intricacy discovered , by the Prince ; He is now returned through all these hazards , to deserve thanks from us all . The Duke having satisfyed the curiosity of a searching Parliament , was highly esteemed as the Preserver of the Nation , contrary to that natural custome of incompatibillity of affections , between the vulgar and the Sovereigns favour , and so he kept it to the Kings last breath ( eighteen Moneths after ) a long course , calm and smooth prosperity , without any visible ecclipse or variation . Though an Author seeks to scandal his Memory [ And brings Bristol his Accuser hereafter ( I know not when ) That the Duke caried the Prince Purposely into Spain to be better instructed in Popery , and gave hopes of the Princes conversion ; and professed himself a Papist , heard Masse , adored their Sacraments , and received a Bull from the Pope to incourage him to pervert both the King and the Prince . ] These imputations so feigned and false , need no confutation but neglect and scorn , though some Articles since seem to say so much . The Parliament had other opinions then , and thereupon advised the King to break the Treaty , and proclaim open Warre against Spain , but in such General terms as gave his Wisdome cause to suspect ; and therefore thinks fit to propound such cautions to them , as should advisedly draw to Resolutions , and not leave him in the lurch , My Lords and Gentlemen , Have cause to thank God , that my last Speech takes this effect , that with unanime consent you have so speedily given advice in this Businesse ; to break off the Treaties of the Match , and Palatinate . And now give me leave , as an old King , to propaund my doubts and hereafter give me your answer . It is true , I have been all my life a Peaceable King , my Titles , and Impress Rex Pacificus give me that Honour ; and should I now imbroyl my self in War against my Nature , and mine honour , to spill more blood , of which too m●ch had been shed ? unless it be by Necessity , Malum Necessarium ; Besides He tells them , Some hopes of better conditions hath been offered since this sitting . But to take off their Iealousies , that while they advise he rejects . It is therefore left to their consideration , as a matter of weight , that the course may agree with his conscience . In the case of his Children , he being old , would be glad ( as Moses saw the promised Land afar off ) if not to see the Restitution , yet to be but assured it shall be , and so to sing , Nunc Dimittis Domine . He hath heretofore said , as now , not to desire a furrow of Land in all his Dominions without Restitution of the Palatinate ; but then take the Difficulties of the Case . It is unchristian to advise a King to War by blood which may be had by Peace . And to consider the Requisites anent his Nccessityes , for he tells them plain , Parliaments have afforded him least helps of any King. His disabilities increased by his Sons journey to Spain , Ambassadours , maintenance of His Children , assisting the Palatinate , his debt to Denmark for the Low Countries , who , if not assisted by him cannot subsist of themselves . The Princes of Germany that should help , are poor , weok , disheartned , and expect from hence . Ireland as a back-door , must be secured ; The Navy though well , must be repaired for securing it self , and the Coasts . That his children abroad eat no bread but by him . His customs the best part of his Revenue in effect the substance of all are farmed with conditions if war follow , their bargains sease , and Subsidies ask time to bring in , unless he take them up upon credit , and so lose of their value . In these cases he would be loath to shew his Teeth , and cannot bite . And refers the condition of his own Estate to his Treasurer . And thus freely he opens his heart ; for their Hearts and Help , let them shew the means , and he will do what they direct , referring the dispose of monies to their own Deputies and Treasurers ; and upon the offer of their Means , he makes War ; he will wave the Prerogative of Kings , of War and Peace , and be advised by them in either for weapons breed peace . He desires to be in Love with Parlaments to make good Laws , reform abuses and maintain good Government , and so blesses their labours to the end . Thus far the King. Here was plainess . He had cause to fear , for he foresaw his own hazard to be left in the lurch . So that to set him forward , without despair , they soeak as they should mean , and not long after give him this Declaration . They first render thanks to his sacred Majesty for accepting their humble advice , to assist him in a Parliamentary way with their persons and abilities . And whereas his Majesty was pleased to descend to particular propositions for advance of so great a Bu●iness , upon his Majesties Declaration for dissolution and discharge of both Treaties , and for defence of the Realm , the securing Ireland , the assisting the Netherlands , and other his Majestyes Friends and Allyes , and for the Navy . For these they will grant him three intire Subsidies , and three fifteens , to be paid within a year . The money to be in hands of Committes and Commissioners by them to be expended , as shall be agreed upon this present Session . The King was well pleased , and tells them , He is willing to dissolve the Treaties , their Gift being sufficient to begin a War , but when it will end God knowes . That he will ingage his Successor , his Son , for the recovery of the Palatinate , and in his old age will assist in Person , if need be . That as he is pleased the Committes should direct the disposing of the monies , so the Design must not be acted by publick councells , that is , whether two thousan● or ten thousand , by Sea or Land , East or West by Diversion or Invasion , upon the Emperour or Bavaria ; these be hopes must be left to the King. Hereupon a Council of War is chosen of some antient Actors in the Militia of Ireland , and other Nobility , the Meeting at the Savor , at the Lord Caries , President of that Council , who resolve of six thousand to be sent for the present into the Low Countreys , to join with their forces , against the Spanish under command of Spinola , and so have a freer passage into Germany , if need were hereafter . The Spanish Ambassadour Marquess of Inojos● , much perplexed at the even proceedings between the King and Parliament , resolved to put in practice a Jesuite trick upon Buckingham , by that means to distemper the Calm proceedings of this State. We are told the Manner [ That Inojosa sent one Padre Majestre a Spanish Iesuit , a great Statesman , to King James , that he under confession had found the King was by Buckingham , or by his procurement to be killed , but whether by Poison , Pistol , Dagger , &c. he could not tell . Then that the King should say to Buckingham , ah Stenny , Stenny , ( a term of favour ) wilt thou kill me ▪ the Duke in high passion , being told that Padre Majestre had been with the King , who being questioned by the Duke ; Inojosa undertook the quarrel , and told the Duke , he would maintain him the Traytor , &c. ] Another saies [ That the Ambassadour sent one to the King to let him know , That the Duke of Buckingham had some dangerous Machination on foot , that tended to his Destruction , and the best He could expect would be a Con●inement to a Country House in some Park during his life , the Prince being now ripe for Government , &c. and the Author concludes , That such an attempt could not be done without the Princes privity , and yet the King was willing to have the Brat strangled in the Womb ; though there was cause to suspect , that the great intimacy and deerness between the Prince , and Duke ( like the conjunction of two dreadfull Planets ) could not but portend the production of some dangerous effect to the Old King. ] What horrid infamy is here cast on them both ? But this was the story and the truth , for not a day passed then , but that I was present , and acquainted with all that transaction to the end . It was well known how much it concerned the Ambassadour for his Masters honour to disimprove the value of Buckingham , with the King and Parliament , and cunningly meant to do it home , and to involve the Prince too in one and the same act . And therefore aspersed abroad a suspition ( which really also Inojosa devised to the Kings ear ) That Buckingham should have plotted this Parliament to over power the King , which if resisted , then by that authority to con●ine the King , and to transfer soveraignty upon the Prince . And thus ( Machevils rule ) lay the scandal high enough , no matter to prove it . Himself the Brocher , to be free from Examination , being qualified an Ambassadour . A great noise there was ( I remember well ) more in the peoples resentment than any way considerable at Court. And yet the Duke was not so dull to neglect the means of satisfying Others . Himself and Prince needed not , nor truly did it any way interfear ( as it was devised ) to startle the King. And being generally cryed down as a false scandal , the power of all three could not question an Ambassadour , though it was scanned at the Council Table , and put to vote in the house too , how to proceed with him : That the Shield of his Ambassy was too weak to defend him from the Sword of Iustice , for then he resolves into a private man. The Duke not satisfyed , had the opinion of a learned Antiquary who with much circumstance advised and directed a tedious Ceremony of State to be used therein . Both Speakers to remonstrate to the Ambassadour the crime , and if he reveal not the Informers , then is he Author Scandali , and so the Houses to petition the King to confine him , and restrain his person till his Master know his offence , and satisfy Iustice. If he does not ; then is it Transactio Criminis , upon himself , and draws a denounce of War. But the wisdome of the King would have none of this Geer . Yet the Prince and Duke complained hereof to Spain , and a command returned to Inojosa to crave forgivenesse , which he did , ; and the Duke in confidence of his own Innocency , suffered it to passe without much more trouble to seek satisfaction in publique : for he would always say , Lyes are not long liv'd . And indeed more he could not have ; Examples vary , some Ambassadours in like cases have been secured and punished , others freed by privilege ; for in the times of the Scots Affairs , with Us and France ; frequent Presidents have been used , by Throgmorton , Randolph , Tanworth , and Bishop Ross , according to the power of the Princes where they have been committed , as hath been before mentioned . The Earl of Bristol , this while in Spain , received command to take leave of that King , and to return ; and had intelligence from hence in what hazard he should appear after such Complaints in Parliament against him . And indeed he delayed it so long that it was suspected he would stay there , being so advised by the King of Spain , who gave him assurance of all Civility and kindness in his Court for security , rather than adventure his head at home . But these branglings here , feigned there to be high Distraction , gave him courage to return [ where no sooner appeared but was clapt up in the Tower ( sa●es one ) and the next day set at Liberty , nor durst any bring him to farther Tryal ] He was committed by the Lords in Parliament , and might have lain there longer a Prisoner ; but the Duke made means for his release , least it should move jealousies , that it was his design thereby to delay his Tryal ; and this to my knowledge , for I acted in his release . He being earnestly pursued by the Duke , and had the Parliament lasted , it might have proved his destruction , who afterwards humbled himself , and gained favour to retire into the Countrey to Shirbone , that fatal seat for suceeding Offendors . But the Spanish Ambassadours practice failing , some Lords , set on work a Petition to the King against Papists , as intending it necessary to go on with the complyance of the Publick Affair , now happ●ly proceeding , or to hazard all , and nothing would serve to satisfy these Men , but several Conferences of both Houses , untill they had with consent framed their Propositions , and presented them to the King in two Petitions alike . We your Majesties most Humble and Loyal Subjects the Lords and Commons do in all humility offer unto your Majesty These two Petitions . THat for the more safety of your Realms , and better keeping your subjects in obedience , and other important reasons of State , your Majesty would be pleased by some such course as you shall think fit to give present Order that all the Laws be put in due execution against Iesuits , Seminary Priests , and others , having taken Orders of the See of Rome , and generally against all Popish Recusants ; and as for disarming , that it may be done according to the Laws , Acts and Directions of State in that Case . And least the Iesuits and Priests here , may pretend to be surprissed that a day certain may prefix their departure , and neither they nor other to return or come hither , upon peril of severest Penalties of the Lawes now in force . And that no Subjects receive , entertain or conceal them upon penalties , &c. Seeing we are thus happily delivered from those Treaties , and the use which your ill affected subjects made thereof , and yet we fore see the like hereafter . We therefore are humble Suiters to your Majesty , To secure the hearts of your good Subjects , by your Royal word , That upon no occasion of Marriage or Treaty ( or such other Request , from foreign Prince , or State what soever ) you will slacken the execution of the said Laws against Iesuits , Priests , and Popish Recusants . And humbly pray a gratious Answer . The King doubting this double Petition , intended as a check to the main business , resolved yet to satisfie them . That he commends both Houses for their Petition , but wonders at their suspition , to spur him on to his conscience and duty . That his Religion , Profession and behaviour , his own Books declare ; nor will swarve from them , for he that dissembles with God , will be distrasted by Men. That his heart bleeds at the increase of Popery , as thorns in his eyes and pricks in his sides . He hath alwaies desired to hinder the growth as a Martyr ; As in the sense of Isaac , persecuted by Ismael by mocking words , as no King ever suffered more of ill tongues . Yet he hath been far from per seeuting , believing that rule , Sanguis Martyrum est semen Ecclesiae . As for the Petition , he grants in substance what they ask , and adds of his own . Their Treaties being annulled their desire is granted , and will declare by Proclamation to banish Iesuits and Priests by a day , but a Proclamation here extends onely to this Kingdome . He will do more , command his Iudges in circuit to put the Laws in Execution against Recusants , as before the Treaties , the Laws being in force , and never dispensed with by him ; but as he told them heretofore , as a good Horseman to use sometimes the Reigns , not alwaies the spur . He promis●th by Declaration to disarm them ; which indeed is done by the Laws . Nay , will disorder the Papists frequenting to Ambassadours Masses ; for though he cannot break their privilege , yet the Lord Maior , and Officers may seize them as they come out . And resolves to order the Education of Recusants children , as he hath advised therein with his Bishops and Council . The second part of the Petition is the best advice in the World , being against the Rule of Wisdome , that Subjects should transgresse a Law by Intercession of a Foreign Prince , and forst in such conditions in such a Treaty ; which he will avoid in any whatever . This his answer so satisfactory as pleased the Parliament . ( Sa●es Calumny ) [ He promised much , and performed little . ] See what he did by the sequel . Order was forthwith to inroll the chiefest Recusants , you see he spares none , nor were the Parliament so nice as to leave the best of them out . The Earl of Rutland , Sir Thomas Compton ( the Dukes two Fathers in Law ) the Countess his Mother , Earl Castlehaven , the Lords Herbert , Rivers , Peter , Morly , Windsor , Eure , Wootton , Teinham , Scroop ; and of Knights , Courtney , Brewdnel , Somerset , Ireland , Stonners , Brown , Howard , Powel , Lacon , Lewkner , Awbery Gage , Shelly , Carvel , Wiseman , Gerrard , Filpot , Russel , Bedingfield , Wrey , Conwey , Iones , Conyers , Lamplow , Savage , Mosly , Beston , Riddal , Wyral , Townsend , Norris , Knevet , Tasborough , Selby , Tichburn , Hall , Perkins , Penruddock , Sands , and divers Esquires and Gentlemen , either by themselves or their Wives . These men were all at Mercy , and who ever else the Parliament would pick out , with lime and baited Hooks to catch them ; for the King not minded to interrupt them ( having done his part ) withdrew to New Market cold air , for his Northern conditions the most healthy . The Prince increasing in years , and in affection of the People , it was most convenient also to speed him a marriage . The Treaties with Spain being thus far annulled . Some Overtures were hinted from France , of their willingness for a Match with Madam , the Princess Henri●tta Maria , the French Kings youngest Sister , the two others being preferred to Spain and Savoy . And because it was necessary to feel the pulse of that State , Sir Henry Rich Lord Kensington , was sent over singly , and at his own time and discretion to mannage the discovery of the French affections . and then to present himself , with his credence . He arrived ( in no publique splendour ) at Paris , on Sunday after Noon , and was informed that the King intended the next morning a journey for five or six daies to Shantelie a House of Momorancies , and therefore in private Kensington gave visit to the Duke of Chevereux , who with his Lady , were appareling for instant Actors in the Queens Mask , and within an hower came the Queen Regent and Madame and in an hours view might have this chata●ter . The Sweetest Creature in France , her growth as her age little , her Discourse discreet and quick , and had the report of Wisdom beyond her years , and for additions of grace , she was said to dance and sing most sweetly , I am fure she lookt so . My Lord had reason to suspect the Queens reserve towards him ▪ she being Spanish , and so not well pleased with the breach of her Sisters match . But she was changed so much French , as to grace him with her hand . The King was told of Kensington , and because of his journey next Morning , purposed to receive him an Ambassadour , as some had suggested to him , untill Chevereux assured him the contrary , his comming meerly to kiss his Majestyes hand , and see the glory of his Court this Christmass ; and so was taken to the Masque , danced by sixteen the greatest Princesses of France , with whom the King and his Masquers ( the last Tuesday ) were now by lot to dance with these Ladies , and all these , and the Court besides , so infinitely rich in Iewels ( golden and silver dressing being there forbidden ) as their apparel , almost all , ●mbroidered and thick with Diamonds and Pearl , as usually with purl . I doubt not , but some counter●eit , or else you might have suspected the wealth of that nation on their backs . The presence of a Stranger , somewhat publique , presented to each persons caress made most men ( acquainted with State ) to judge the plot of his Journey , was rather to set an edge upon Spain ; to cut off delayes , than to cut the throat of that business . The Kings weakness or indisposition to affairs , gave leave and time to Queen Mother to mannage all ; who receiving an humble visit by Kensington to kiss her hands , she entered discourse of the Spanish Allyance . The Treaty ( said he ) had suffered many Delaies , and was annulled . Though the Spanish Ambassadour there , had given it out to be concluded , on purpose to prevent conjunction with France which he suspected , and his design got credit with some persons of power , seeing Kensington had no Credentials positive to speak to the purpose . Yet from others , and not the meanest , he apprehended the affections of that State , generally prepared to receive offers of Amity and Allyance ▪ when the dissolution of the other shall be declared . Indeed the Savoy Embassadour there said , That the intention of the King of Spain , was for a Cross Match with France for himself . But the late abuse upon the English in that way , made the French wary , and hastily to bite at that bate . Yet the reasons of State were not unequal . Our Design was double , both Marriage and League against Spain . And if the French should match with Spain , and so hold us to hard conditions , they have the safer ground ; for they may expect restitution of the Valtoline , as we do demand the Palatinate , these two being the open quarrels on both parts to ground . And these doubts were suspected to draw on a tedious Treaty and therefore it was thought fit by the English to insist upon the Match , and bring on the League , necessarily to follow , and to have reasonable conditions concerning Catholiques in England . Indeed the necessity of the French Affairs , least Spain , that hath begirt them , should in time swallow them up , was like to make this Match easie enough for the English ; the alarm being fresh in Court , from the Spaniards raising a fort upon the ruin , to command the Town of Liege . Queen Mother , suspecting that Kensingtons errand was in earnest , by degrees , gave him incouragement to speak plain though it was his part to plead and wo too , without any signal . The Duke of Chevereux and Le Grand , of credit and power both , were the men this Design most affected . Kensington bore the Princes Picture tackt to his Breast , limm'd in little in a Case of set Diamonds , which the Queen would offer to open , as to shew the Ladies , which they would as often desire , to please her Majesty , who ( me thought ) did love to look on it , She wishing that some good occasion might make them meet , and she might see him like himself . But because Madam . could not in modesty or honor get a glance of his shadow , she in private delt with a Madamoselle , that had some interest in one of the Lords Family , to borrow the Picture , and so in secret to gaze her fill , where in much hast she opened the Picture , and discovered her passions , her blushes not concealing her inward affections to his person , which she prized by praising his Picture in presence of him that saw her . Two mouths calmed the way unto the Mother , she and Le Grand advised to move the King , if this business were fitted to the full . But Kensington declined , as not to deliver the King his Masters inclination , unless he might receive the return , answerable to a due respect and value of the Proposition . Of which being assured , he took his opportunity to withdraw the K. towards the window , and told him , That his journey to France was singly his own inclination to honour and serve him , and therein to discover how the Prince of Wales would be free and disingaged from the Spanish Treaty , not finding them to his expectation in such particulars as principally should invite a Conjunction . And therefore the Duke of Buckingham had exercised his interest with the King and Prince to convert those thoughts towards his Majesty , from whom it was perswaded , nothing but truth and honour would be returned , as an advantage to both Nations ; And believed that if the King would shew a disposition inclineable , the effects would soon confirm the end of his comming , free from other Designs , than what he now expressed . The King ( often uncovered ) said , He had not heard , that the Match with Spain , was as yet broke , the just cause for him to be reserved . But assured him in general , That any propositions from the King of Great Brittain should be heartily received . This was short , for his Imperfection of extream stammering by nature , made him usually speak very little , whose affection ( if one might Guess by his courtesy ) would have said more , as most of the Ministers of that State did , And that nothing to them was more equal than Amity and Allyance with England . This entrance encouraged Kensington to discover himself and letters of Credence to the King , and so was quallified to treat fu●ther . And to increase more than Jealousies in the young Count Soissons , who had some hopes of pretensions towards Madame , but now discouraged , and the more upon discourse of the Cardinal Rochfalcaut with his Mother , to take off all expectation ? That in this Conjunction of Affairs , the King would no doubt prefer his Sister into England , with advantage of his Dignity , and her Honour , and ( though he loved the Count ) he would counsel his Master to the contrary with him . Soissons encountring Kensington , had his salute due to his rank , a great Peer of the Blood , who disdainfully turned aside , and so a second time ; in presence of Grandmont , he told it to the Marquess de la valesse , a Confident of the Counts , who conveys it to Soissons , and was answered , That he affords no better Countenance to Kensington whom he hates not , but his errand , which he resented so ill , as were it not the behalf of so great a Prince , he had a heart to cut Kensingtons throat ; And so retires out of Town . This boldness of him , to aver Corrival with our Prince , and abuse of his Minister , made Kensington begin the quarrel with a Challenge , which the Count accepts , but the former passages were so narrowly observed , with the publick interest and honour of that State , so neerly concerned , that the Count was secured , and Kensington seized into several Courtships , as made it not possible to try the Combate , but were both made Friends by the King. The Treaty on foot , and the Match mannaged most by the Constable , Monsieur de Vieuxville , who after some disgusts upon the peoples interest , was for that secured from their rage by a seeming imprisonment , and after rewarded by publique preferment , being the Queen Mothers Instrument also , to enter her neerer Favourite Cardinal Richlieu her Confessor , and great Confident , and now introduced him also into the Cabinet Council , composed of the Queen Mother , the Cardinals Rochfalcour and Richliew , the Constable , and the Guard de Seaux . To assist Kensington , comes over Carlile , with joint Commission to ballance the French Council . The first difficulty likely to be insisted upon was Religion , wherein they were told the course that King Iames might be driven unto , to banish Iesuits and Priests , and quicken the Laws against other Catholicks , in necessity of reducing them within the bounds of obedience , correspondent to the expectation of Parliament now sitting ; for without them this work of weight could not proceed , which with much altercation was at last resented as reason , upon hope of Moderation herafter , which was all they pretended unto . And that the Grace theeof might the rather flow from the mediation of that State ( so much stood upon by Spain ) to save their honours therein , who otherwise would be held H●reticks . And their good inclination forthwith appeared in the publick Treatment of the Ambassadours , for some time , at the Kings charge ; which so heightned them thereafter , that their Expence so Magnificently profuse , was never matched by any . Many subtilties lengthened the Treaty , the French following the former way of the Spanish delay , from their several Overtures to cross ours ; and ministred an excuse , Of unseasonable concluding in this conjuncture of time , when such great changes are apt to beget jealousies from neighbour States . And this was cunningly fomented by the Spanish Ambassadour , who vaunted , That there is not a greater change in La Vieuxville his preferment ( who governed all ) as there is in the General affections , which follow the stream of his greatness and credit . Casting in the Kings mind the Seeds of doubt ; whereto Olivares in Spain did contribute his Rodimentado to Bristol , not yet come home , That if the Pope should grant a Dispensation for France , his Master would march to Rome , and sack it . However , Kensington ( who was more interessed to press the Princes affection , than his Collegue Carlisle ) had leave to make Address unto Madame , at some distance , yet neerer than before , with such commands as the Prince had intrusted to him , which Queen Mother would know . No ( saies the Baron ) that were in example to the like prejudice , which the Spaniard put upon the Prince . She replyed , The Case is different , there he was in person , here but by Deputy . But yet such a Deputy ( saies Kensington ) that represents his Person . Mais pour tout celas , ( dit elle ) qu' est ce , que vous diret ? Rien ( dit ille ) qui ne soit digne , des orcilles d' une si virtueuse Princesse . Mais qu' est ce ? said she . Why , if your Majesty will needs know , it will be much to this effect , and so in a way of freedom , exprest it thus , That your Majesty hath afforded me liberty of free Discourse , presenting his Highness service , not by complement , but by passions of affections ; which both her outward and inward Beauties , the virtues of her Mind hath so inlightened his resolve , as to contribute his utmost to her allyance , as the greatest happiness here upon Earth , if the Success might minister occasion to manifest his Devotion in adoring her . And going on . Aller aller ( said she ) il ny a point de danger en tout cela , je me fie en vous , se me fie . But I dare say , he said more to Madame , who drank down the joy , and with a low courtesie acknowledged it to the Prince addi●g her extream obligement to his Highnesse in the happiness of meriting such eminent place in his good graces . Then turns he to the old Ones that guard her , Ladies , saies he , Since the Queen grants me these freedomes , It would not ill become your Ladyships to speak and do suitable ; Letting them know that the Prince had Madames Picture in the Cubinet of his heart as well as in his hand , and so fed his Eyes and Soul with sight , and contemplation until he should be blessed with her person . This serving as a second Courtship to Her self , who no doubt took up each syllable as it fell from him ; and such success followed , that Carlile had the Garter of Saint George sent him , snd the Baron converted to an Earl and called Holland . The Princess appearing more in publique , Her Court and Train inlarged , and though our Embassadours had to do with harsh and subtile Clergy , and the rest , resolute Statists , yet so reasonable were the conditions on both sides , as that the Articles were received by King James , not long before his death , but not sworn unto ( as some do say that he did ) and worse would make us believe . [ That Carliles comming was to delay the Treaty in hope of renewing that with Spain . ] A scandal ●evised to make the King odious , and the Prince inconstant ; for the copied Articles of several Transactions , and the original Dispatches are to be produced in answer to all . And thus was the business mannaged abroad until she came over to be Queen of England . These were times of Tryal at home , Inquisition upon all Mens actions , the King being willing to expose his greatest Ministers , who escaped not the censure . The Lord Treasurer Cranfield is questioned for mismannaging the Exchequer . I find him of no mean Family in Gloucestershire , as by their Cote Arms in the Heraulds Office , Or , on a pale azure three flower de luces of the first . He was brother to Sir Randolph Cranfield , who inherited their Fathers possession there and in other Counties of good value . This Man was bred a Merchant in London , and by his extraordinary qualities and blessings of God upon his endeavours , in that laudable way of Adventure , besides his understanding in the affairs of the customes , became useful to the State. And first had the honour of Knighthood , Master of the Requests , then made Master of the Kings Wardrobe , afterwards Master of the Court of Wards and Liveries , and Privy Counsellour , Baron Cranfield , and lastly succeeded Suffolk in the place of Treasurer , and in that time created Earl of Middlesex , 1622. And in all these Offices of trust I never knew him then , nor can find sithence any suspition , unless in that of the Treasury [ the Ground where of is hinted to us by our Pamphlet , but in truth in this he hath but scummed the pot to cleer the broth . For who more fit for the reasons of a necessitated Excheq●er than this man of experience , in stating the Accompts for the Revenues of the State , which I know he improved , and not unlikely thereby purchased envy for his eminency therein . And to say truth , according to the duty of his place ; he did endeavour to husband the same to piece out the expence , which the necessities of the Kings affairs had heightned ( As himself told the Parliament ) and the Princes journey into Spain , had wonderfully and unnecessarily exhausted , as by the printed accompt thereof lately devulged by Parliament doth appear . Then which no better evidence can be produced to acquit the Treasurer together , with what the Pamphlet publishes as a supposed crime in him [ his refusal to supply the Princes expence and Buckinghams folly and prodigality . ] And this he did deny , as the duty of his Office required , and which he well understood , as being of Council , and acted as a Counsellor to my knowledge in that undertaking , and indeed being then the Statesman at the Council Table . But his refusal of supplying Buckingham upon that score only , wrought him no doubt , at his return home the Treasurers deadly Enemy . And whom he opposed [ A small accusation might serve the turn to turn out of all ] as he did him ; and yet to the honour of his Memory , though they raked into all his actions , and racked all Mens discoveries to the height of information , the eminency of his place , exposing him unto much observing and opening the way to all kind of complaints ( as they did ) examining nothing upon oath ( as they never do ) yet that there should be no more matter gleaned . And where there are such bolt●ngs , there was expected a great deal more Bran. Yet the power of Buckingham could never produce any crime against his exact Accompts in that boundless trust of the tempting Treasury . And in spite of Malice ( he was envyed also ) though they divested him of that office , yet he lived long after in peace and honour , and dyed since these last times of enquiry , 1650. leaving to his heir , his honour untaint , enabling them to bear up the character of their Fathers merit . We are told [ That the Duke got Chelsey house out of him for his part of his fine . ] what shift the Author makes to patch up his Stories with falsities , when to my Knowledge that Seat was in treaty to be sold to another , and the Duke wanting a House neer hand to retire for a Nursery to his children , ( his Duchess teeming ) that other party , concluded for the bargain , and to him the Dnke paid the money , valuable to the utmost penny . And the like Tale he tells [ That the Lady Finch corrupted him with Copthall , a Noble Seat in Essex , to procure her to be Viscountess of Maidstone . ] when the talk of the Town was , he had so dear a bargain as occasioned the saying , That it was cheap enough to him , being bought with the Kings Money , there needs much dung to stop a wide mouthed Oven . Cranfield indeed was in this Kings life , the last of that Office , and the meanest of birth , lately altered from the Trust of Nobly-born persons . The Treasury of antieut Spring-tides was of late sunck into neap-ebbs of Revenue , and enforced a necessity of providence in collecting , and judgement and practice in disposing : Neither of these could be found by experience suitable to our latern Lord like-breeding ; ignorant and careless . Yet in honour to the Office , the King raised other Men to Titles for countenance against the outward beseechings of the Mad-headed multitude of Suiters , as it happened to his Successor Lee , by the rudeness of the Sea men , and all to little to support a Treasurer without prejudice of publique esteem , even with the best Suiters by unhandsom treaties , between their necessities , and an empty Exchequer . Besides , succession inherited the obloquies of former Predicessours , which happened frequent in this , and other places of Trust ; not out of inconstancy in the Kings affections to his Ministers ( the misreport of his wisdom ) but to make Tryal of the chiefest Mistress of Instruction , to meet with the best . And in such a change or remove he left them not unrewarded being never well himself , till his Servants were wealthy , least being cripled in hi● life , they might want an Hospital after his death . A mischief not seldom ; much like a Lords well-mannaged Horse for his own saddle , comes often ; afterwards to the Hackney-Coach , nay , and sometimes dyes in drawing a Dung-Cart . He knew Men , and had them to his Mind or made them so ; able capacity not bare measure ; rather with surplusage equal to the business he imployed them . Yet he had easy natures neer his person too , because more manageable , than abler men , in such matters where their hands were more useful than their brains . But say some , the King raised men to preferment of honour and dignity , whose birth and Gentry were extinguished by being Apprentices . Hence they start their Opinion , That it is a kind of Bondage ; I deny to be either vera Servitus , or omnino Servitus , the Contract is but Civil Permutatio or Exchange . The obligation is mutual , Master and Man ; only Freemen can make contracts , and Challenge the benefit . The Oath of a Freemans admission is , To take no Prentice but freeborn , no Bondmans son . It were madness to imagine that Jacob served his Uncle Laban seven years in the honourable contract for a Worthy Wife , and for an Estate to maintain her , to be therefore a Bondman . By which example in Scripture , it is undeniable , That Servire to serve , is laudable for good and honest purposes ; but our Apprentice does but deservire , obey , and his Master does docere , teach him his Trade ; and of late the Apprentice comes commonly more like a Wife with a large portion to his Master . Indeed Erasmus Roterodamus his Etymology makes of our Apprentices to be pares emptitiis , as with the Romans , but they differ . Servus with them , was of Servando , saving , not of Serviendo , of serving . Our Apprentice comes of Apprenti , the French Word ; a Raw Souldier , or to learn , or of the Latine apprehendo . So then sir Tho. Smiths Repub. Angl. does them injury , terming them Bondslaves . Bondmens bodies , were vested in the Lord interminable , but only by Manumission , and that by the Will of the Lord , without any condition in behalf of the slave . Servus with the Romans , Nullum caput habuit , and were reputed , civiliter mortui : servi pro nullis habiti . There was a voluntary bondage , de jure gentium as by the Romans , a Man might sell himself , ad participandum pretium . And also de jure divino positivo , So the Hebrews Bondmen . Yet they had not jus in corpus , they could not violate her chastity . By our Law only two sorts of Bondmen , villains in gross , and vilains reguardant to Mannor . A Master in London hath not despoticum imperium over his Apprentice , but only quasi curaturam , a Teacher , ut Pater , non Tyrannus , immoderate Correction looses his Apprentice , who is by Statute to be free from him , 5. Eliz. But of late our City discipline , had more need to be reduced to antient severity , than to be abduced from it . The final Cause of every Ordination quallifies the course ; and determines the Means and action , tending to it , though abstracting from that consideration , the work wrought in the proper nature be servile ; as for a Souldier to dig , or carry earth to a Rampire , a Student to be bare , or a Novice to do servile Offices , and so an Apprentice to do , does not extinguish Gentry , and what ever he does , as not sui juris , yet he does nothing Servile , but propter finem nobilem , to God , Country and Calling . But Apprentices are so far from being bondmen , that then they begin habere caput , to be aliqui , and by degrees to be free , then of the Livery , and by after degrees become Wardens , Masters , Common Council , Aldermens Deputies , Aldermen , Sheriffs , Lord Maiors . And by further merit , Counsellours to the King , and Lord Treasurers of England , and so if it be rashness to cast a scorn upon a renowned Corporation unjustly , let it be iniquity to lay it upon London , which in the Empire of Great Brittain , amongst their other Cities , Velut inter ignes Luna Minores . And though the Schools and Camp are most proper for Honour and Arms , yet the antient wisdome and bounty of Sovereigns , left the Gates of honour open to City Arts , and honest gain , as fundamentals to common-wealths , by example of rising Rome under her first Dictators and Consuls . By which they avoided Tyrannical appropriation of Gentry , to some certain old families , as in Germany , and the Confusion of allowing hereditary Nobleness or Gentry to none at all , as in Turky , &c. And with us Cotes of Arms , and Title of Gentlemen being the most familiar part of Honour , Our Adversaries would overturn , and tax our policies in that point , which being once gotten and given by Merit or Favour , cannot be lost or extinguished . No man in England looseth his right to bearing Arms , or Title of Gentleman , unless attainted in Law. Jura Sanguinum nullo jure civili devinci possunt . Not to be aliened to another , no more than to pass away any habit or quality of the Mind , Virtue or Learning . Queen Elizabeth was descended lineally from Sir Godfrey Bullen , Lord Maior of London , by Queen Anne Bullen her Mother . Sir Martin Calthrope , her Kinsman also , and Lord Maior of London . Citizens of London have been called Barons , Hen. 3. Londinenses , Quos propter Civitatis Dignitatem & civium antiquitatem Barones consueuimus appelare . London sends Kinghts and Citizens to the Parliament , not Burgesses . And sundry of our Sovereigns have daigned to be of their Freedome . But the opinion of bondage , and extinguishing birth-right of Gentry , hath filled England with more Vices , and sacrificed more bodies to odious ends , and more souls to sinful life , than perhaps any other uncivil opinion whatsoever . Holding it better to rob than to labour , though they dayly see , that out of Our Apprenticeships rise such Ministers of Iustice , as sit upon Malefactors , when they ( a shame and sorrow to their Kindred ) undergo a fortune too unworthy the basest of Bondmen . May not his Sons fall into the same fate , by the Fathers prejudicate opinion ? So much in honour of truth , not interest . The Hollanders in these times rich and proud at home , increased so mighty in power also in the East Indies , that by insenseable Incroachments at first , they went on to quarrel particular rights and interests in several places there , for sole trading from the English. And complaint being sent hither by the Governours of our Factories there . A Treaty was demanded by the King , and accordingly Commissioners appointed to dispute their differences in London 1613. The next Treaty was at the Hague , 1615. The last was at London 1619. And by Amnesty then , a Solemn Composition of all differences , and Orders were concluded for the future between us and them . And in regard of their bloodshed and vast expence , in reducing the Trade of the Islands , Molucca , Banda and Amboyna from the Spaniards and Portugals , and their buildings and Forts ; therefore the Hollanders should enjoy two thirds , and the English the other third ; and the charge of the Forts to be levyed by Taxes and Impositions upon the Merchandize , and so were settled in those places . The Island of Amboyna lies neer Seran , about fourty Leagues in compass , and hath relation to other Factories , the chief Town called also as the Island Amboyna , the Rendevouz for the gatheing and buying of Cloves , the chief Commodity ; the smaller Factories are H●●●o , Larica , Loho , and Cambello . The Hollanders Forts there are four , strong and well manned , with two hundred Dutch Souldiers , and a Company of free Burgers , four hundred Mardikers , or free Natives , so called . And here the English lived in the Town ▪ and under protection of the Castle in an House of their own . During two years the Dutch very cunningly wasted too much upon their Fortifications and Garrisons , and yet drew their Account so chargeable to the English , that instead of the third part , they contributed two thirds , and their complaints were examined by the Counsel of Defence of both Nations , residing in Jaccatra in the Island Java Major , and they disagreeing , the differences , were to be sent home to be decided herein by both Companies , or by the King and their States , according to an Article , 1619. But disputes breed delay here , and increased jealousies there , and in February One thousand six hundred and twenty two , A Japoner Souldier discoursing with a Dutch Centinel of the Strength of the Castle , was suspected and tortured , and confessed sundry of his Countrey-men contrivers with him of surprizing the Castle , who were also tortured , and one Price , an Englishman and Prisoner with them , who also accused others of the Factories , Captain Towerson , Tomson , Beomont , Collins , Webber , Ramsey , Johnson , Farde , and Brown ; and these being sent for , from the other factories with horrid Tortures either in truth , or for pain of Torment , some of them confessed , That two Japoners should have gone to each point of the Castle , and two to the Governours chamber door , and when the Mutiny or Alarum should cause the Governour to come out , the two Japoners to kill him for the reward of 1000 Royals a piece . Towerson was tortured and confessed , That he swore all the English at Amboyna , to be secret to his plot , with the Japoners , to surprize the Castle , and to kill the Dutch ; to this effect divers were accused , condemned and suffered Death , viz. 10. English , 9. Japoners , and 1 Portugal . The manner of the tortue was thus : First , they hoised the Examinant up by the hands with a Cord on a large door , fastning him upon two Staples of Iron on the Top , as wide as the arms could stretch ; his feet hung to the ground stretched out at length and wideness , fastned beneath the Door . Then they wrapt a cloath about his Neck and face so close that no water could go by . That done , powring the water leasurely upon his head , and filling the Cloth up to his Mouth and Nostrils that he could not draw breath , but must withall suck in the Water , and so continued till it forced his inward parts to come out of his Nose , Eyes and Ears , stifling and choaking him into a Swound or fainting , but being taken down , they make him vomit out the Water , and so somewhat recovered , they torture him again four or five times ; his body Swoln three times bigger , his cheeks like Bladders , his eyes staring out beyond his browes ; yet still Colson denyed their accusation ; then they burn him under his Paps , arm-holes , elbowes , hands and feet , till the fat dropt out their Torches , lodged him in a Dungeon , his flesh putrified , Maggots ingendred to an horrid and loathsom condition , till at the eight daies end they were executed , in March 1623. At which instant a sudden Darkness and tempest , two of their Dutch Ships were forced from Anchor in their safe harbour , and almost perished . One Dunckin their Accuser , stumbled at their Grave ( all buried in a Pit ) fell stark Mad , and dyed so within three Dayes after . A sickness followed at Amboyna of 1000 Dutch , where 30 dyed , not usual in that space . And in time the Relation is sent into England , by the next return of the Ships , which appeared so horrid , that a Defence thereof was imprinted and sent hither out of Holland . And Sir Dudly Digs undertakes for our East Indie Company to publish the truth and answer that Pamphlet ; and the Governour of Amboyna , leaving his Command , was forced by fowl weather upon our Coast his Ships seized on , and his person brought to give an accompt hereof before our Admiralty ; Some Assistants Delegates appointed Iudges ; but then the Examinations and Confessions under their hands , comming hither , before any returned on the part of the English viva voce , to confute them . And ( though suspected yet ) for the present set aside , till further confirmation . In the mean time the Description of the English in their several tortures , was lively put in draft and painting ; so horrid as that the King and Council , thought fit to burn it , least the monstrous appearance should incense the English to a National Quarrel . So great force and resemblance hath that Art with Nature that the effects thereof fell upon Towersons Widow , who at sight of the Picture fell down in a Swound , with hazard then in that Trance , to follow her Husband , which the often Relation before , did not so much astonish . The disparity of a Po●tical pen , with the powerful art of painting , may thereby be distinguished . But to return to the Design of the Parliament , which went on ( in their manner ) for the Recovery of the Palatinate , by War , and as the King feared to imbroyl him in the busines●e with pittiful effects , which themselves meant to mannage . And now they provide four brave Regiments under commands of the Earls of Oxford , Southamption , Essex , and the Lord Willougby , elected by the Parliament , who afforded ( forsooth ) favour to the King to present them their Officers most Scots . But indeed for number of Men , fifteen hundred in a Regiment , and well armed they were compleat , the King hastening these away , and with them , wished ( no doubt ) more of their mind , that sent them , for these were discontents , and transported into Hollvnd , to join with the States Army intentionally to divert Spinola , who was in arms for the King of Spain . The English no sooner landed , and quartered into Garrisons , hardly drilled to obedience , were suddenly called out to Service , for Spinola was in the Field , fitted for Enterprize , lay hovering in Brabant , sends Count Iohn Nassaw , of the House of Orange , ( but alwaies faithful to his Sovereign ) with a flying Army towards Cleve , and after him Marches the Prince of Orange up the Moze , first to Ginnegen to the Rendevouse , where his Army mustered twenty five thousand ; thence to Mastrick in deadly fear of a Siege , and so to the Town of Cleve , lately taken in by the Count which was now soon rendred to Maurice , and he was watch all this way by the other . In this time Spinola with freedome to choose his Design , began with Spade and Pick ax , and fell to digging about Breda , the twenty sixth of August 1624. and had earthed suddenly so large and deep as Maurice , the craftier Fox that way , yet knew not how to unlodge him , but returns down the River to Guitrudenburgh , and incamped at Mede , some houres journey from Breda ; and there besieges the Besiegers . The wonder of which was so famous then as deserves particular Remembrance now . This Barony and Town of Breda with eighteen Villages belonged to the Dukes of Brabant , and sell to the Family of Nassaw , by a Wives Dowry 1404. and so remained for one hundred sixty three years , till by revolt of William of Nassaw , the Duke d' Alva possest it for the King of Spain , 1567. from whom Count Holloch took it for Nassaw 1577. and from them surprized 1581. and then again regained by Stratagem in a Turfbote , where lay hid seventy Souldiers ( like the Graecians in the Trojan horse ) and wan it for Nassaw , 1590. who held it to this Siege . It is scituated in the uttermost part of Brabant , adjoining Holland , pleasant , strong and wealthy , most convenient for either Nation . The territory about by Sea-tides or inundation of waters , may be made unaccessable . And therefore the Prince about two years before , had with some additions and fortifications made it invinceable , against all but hunger , and with much delight called it his Tempe . The Arch Duchesse Isabella , Infanta of Spain , and dowager of Prince Albert , now Governesse in Flanders under the King of Spain , gives Commission to Spinola , Lieutenant General of the Spanish Forces , who in Iuly 1624. departs from Bruxels , with an Army of eighteen thousand , divided into three parts , the more to distract the Dutch , who in some doubt , re-inforces Breda , with twenty foot Companies , and dismst three Troops for better freedom of Forrage . Two Rivers run through the Town , a Tower three hundred sixty two foot high , fit to discover a far off ; the houses twelve hundred . The form of Breda seems three square , but that the Castle bears out with several Fortifications of Bulwarks and Bridges , and an Armory of double ditches a mile in compass , makes another side ; and so beautiful with Galleries , Pillars , Walks , and Gardens , that it seems to excell the strength . The Town Walls are all of Turf , with a continued row of Oaks , and at three Corners , are three several Ports , and the Castle Port , fourteen Bulwarks . with Artillery upon the Walls , and several Windmills . Two Platforms raised , whose Artillery played afar off ; beneath these , two lesser Bulwarks , to which there is a passage under ground , the Ditch one hundred and fifty foot broad in some places , and in other seventy foot . In the Ditch fourteen Ravelins triangle , and the River encompasseth all ; five great Outworks , secure the Counterscarfs , being cast up before the four Ports of the Town and Castle , the the longest curtain of the Town , cut round with Ditches thirty foot broad ; the level sides of these works , are 210 foot long , one hundred and fifty foot broad ; and the largest of them before the Castle , is two hundred fourty paces long . Other fortifications , strengthen this outwork , and with such excellent order , are all disposed most admirable . Iustin Nassaw base brother to Prince Maurice was now Governour , Artsen Lord Wermont made Drossart , to dispose the victual and restrain mutinies ; Town Collonel and of the Councill : it was reinforced with eight companies , eighteen hundred Townsmen of Arms , excellent sufficient provision of all sorts , and each Townsman furnished himself with Corn for a twelve Moneth . In one night the two sides of this Town was beseiged , Don de Medina , a Spaniard took up the village of Gineken , and Paul Ballion an Italian , with some Strangers , and Arguile with Scots , settled at Terheyde a village opposite ; and at Noon , came Spinola with his whole Army . This first day intercepting 12. Boats carrying provision to Breda ; an Omen of success to regain many Botes , what was lost by One. Then was fortified Titeringen , and Hage , two other Villages , opposites on the other side . Each quarter intrenched with Earth , eight foot high , and a eleven foot thick , and a Ditch about all seven foot deep , and bottomed , but four foot broad ; above water 10. foot broad . Then from those quarters began their first inclosure , to beguirt the Town . with a continued Trench , containing three thousand six hundred paces ; the inward Trench against the Town was distant from the outward two hundred paces . In which space , they passed from quarter to quarter , being in compass 5 hours going . The Trenches five foot high and seven foot thick , at the bottom , on the outside a ditch , sunck six foot deep , and seven foot broad , on the top of the water , Forts and Redoubts belonging to these Works , seventy . And thus with four quarters , like four Armies , this excellent service was designed and perfected by Don Io. de Medices , Marquess of St. Angelo , in eighteen daies . Spinola's provision came far , from Antwerp to Mechlin , four hours and a halfs journey ( as they reckon their distances ) thence to Lime three hours to Herentals four hours ; to Turnhout four more , to Hogstrought three and a half , in all , above twenty hours journey to his Quarters , much about , when in truth Antwerp lyes but ten hours direct from Breda , but P. Maurice at home had his with ease and plenty . The first Sally out of the Town , with much loss was repulsed by Count Isenbergh ; this ill beginning made them less hearty to hazard often sallyes ; which would have been troublesome to the Besiegers to fortifie and fight ; yet so busie they were , with their own works as kept them in health , all old Souldiers , inured to hardship . But Manrice had many new men without , with more idleness , which brought sickness and infection to all . The Town of Breda , industrious with singular defence , the Burgers and Souldiers firmly united . Every man by Oath lends his store of money to the States ; all the Officers did so too ; whose good example brought one hundred and fifty thousand Crowns , which paid the Souldier , and for their Works , and their coin was cryed up . About the end of September , the Prince of Poland came from home , through the same of this siege to see it ; conducted from Bruxels into Spinola's Camp , and entertained with three Vollies of Artillery , and small Shot , Drums and Trumpets ; which which at first put us in doubt in Prince Maurice quarters , that the Enemy was in storm , but the Town felt some of those Bullets with little hurt ; and the next Morning the besieged bestowed as many on Spinola's Troops , conducting the Poland to see the works , whose opinion was , That the Dice were cast between two Matchless Generalls , and their Reputations were at take . Eight French No●les , unwilling to be cooped up , adventured to quit the Town , and to get through the Enemies Camp , but were taken , and either to go to France , or be returned in to Breda , they in honour accepted the later . The Prince of Orange , with his Army in this time , being come down by water and land to Gytrudenbergh , and so incamps at Mede , a village three hours journey from Breda , and there besieges the Besiegers , without any attempt upon Spinola ( though at this time weak , and his horse absent to convey back the Poland ) who therefore with seven thousand foot , and thirty Troops of horse , marches out of his Trenches to meet Maurice neer Ousterholt within three miles of his Camp , and got possession of that place before him , the very mischief to Breda , for betwixt Titrengen and Terheyde , lay vast , void places , dry land and standing waters , by which Waggons and flat Boats , might relieve Breda with victual ; so much advantage is expedition , though but some hours ; and here he raises a great Fort , levels the ground and dares the Prince to Battail . Who not accustomed to Ostentation , but military circumspection , made more use of fore-cast than force , and gave his Enemy time , to raise five Forts more , separate , to keep all passage . It hath been usual , with Armies in Camp , to allow of Combates single , or equal numbers , with their Enemie . And now one Briante , a French Galiant , weary of looking on , that came to fight , besought the Princes leave to send a challenge to young Grobendouck , the Son of his Fathers murtherer ( as he stiled him ) who slew him , long since , at such a meeting ; Grobendouck accepts ; but Spinola , giving much value to the Man , secured his person , and denyed the challenge . Bryante the more fiery , by being refused ; tacks about to be revenged on any ; and by his Trumpet , summons Count Iohn Nassaw , single , or with numbers . He indeed without dread of any Mans daring , and above the quality of asking leave , accepts the challenge , and three more , the next Morning , at a fair distance , between the Camps . His seconds were Captain Steenhius , and two horse Lieutenants . Bryante and his Comrades , furious Frenchmen ( we need not name them , they would be disguised ) advance forward and at a convenient distance , a half Troop of Horse , behind the Combatants to see fair play ; and a hundred further off , lookers on . In like manner came on Count Iohn , who upon the carrier , passes Bryante , and discharges so close upon a Frenchman , that the Pistol flame fired his Shoulder , but had received before the others Bullet in the brow of his Saddle , indangering the Counts Codpiece , for it pierced through , and grazed his flanck ; angry Bryante , having lost his aim , wheels short on any , and cryes out , Charge Moy ! charge Moy ! be what thou darest , I am Bryante , revenger of my Fathers blood ; and as fate would fixes upon him who indeed was Lieutenant to Grobendouck , that for his Captains cause chose the quarrel , and both spurr'd , Bryante fires , too far off , and mist his deadly aim ; the other came closer , and clapt his bullet through Bryantes belly , who dying , catcht hold of the others Saddle pommel , but sanck down to the ground . Thus was it the fortune of father and Son , to be the cause of eithers ruin . Steenhius was hurt , and another killed . But Bryante his deadly case , the cause of all , gave occasion to withdraw the Combate , whether by consent I cannot say , but as my eyes conceived at a distance , though the Spanish say , the Dutch came in to part them . Indeed Count Iohn retired , unwilling to ingage Forces , which drew up on both sides , and therefore the Count made hast away , and was out-rid by one of his own , at getting the start , the hilt of whose Sword , ( pressing close ) caught hold of the Counts bridle , and snapt it out of his hand , and therein the others Sword so fast intangled , that it drew out of the Scabbard , prickt the horse and scared the Rider ; but astonishment to the Beast to be ill used , and yet his reins so loose , made him suddenly to leave pransing , pause and stop , for the Count to recover all . At this encounter Count Maurice was Spectator , and I believe Spinola ; but not so publick , either of them as to be well guarded , for I am sure the Prince put his dapple Nag to a dangerous leap , and ever after was displeased with this Duelling , that might have endangered eithers Army . Yet one Bouteville , such another Beautefeau as Bryante , with five more , set upon the Baron of Beauvoix , of like Number , and forced them into a Grove , within their Guard. Bouteville boasting what he was , advanced alone , and challenged any one , confiding more in his own valor , than his secret Goslet ( for indeed he was daring enough , though by chance he had it under his Coat ) but he was bidden begon , with a Musket ball in his Breech , which made him let fall his Pistol and retire with raging pain . This was he that had fought as the French say , twenty Duels , and therein killed a dozen , and was now hunting counter for an Enemy in Holland , who was fled from France , and to beard Boutevile , had worn a slip of his Mistresses Riband . He killed him here , and afterwards returns home again , fought so frequent in France , that at last for a desperate Duel , in the midst of the Pallace Royal , and the death of his adversary , with much ado had his head taken off by the Hangman . These were all the Recreations the resty Gallants used to imploy their Spirits , whilest the Camps faced each other , at gaze only , and in truth it became the Pastime of the Centuries , Perdues , and Out-guards , oftimes a dozen , or more , horse or foot , went a birding ( as the English termed it ) to meet with booties , or broken Pates ; not a day past , but some hot spirit advanced from the Guards , and dared the Enemy at these duellings , and one or other kist the ground . Prince Maurice , not idle of designing , set on foot an Enterprise , better than Breda , which had been in his deliberation from the first time of the Siege , to surprize the Castle of Antwerp , and to that end all our Out-guards at Bergen-op-zome , Rosendale , and Mede , kept strict watch for this Secret , that so Spinola's Camp little dreamt of it . The Stratagem committed to a Dutchmans Command , one Brouchen , Drossart of Bergen , and Captain of a Horse Troop● that for the assurance and ease of it , the honor mightnot fall upon any other Nation . Out of all quarters , he pickt out a thousand foot , and two hundred Horse , Dutch , with Waggons and Engines suitable . The Souldiers out of either Guards , amuzed to march to several places , untill at distance gotten out together , they had order to alter the Orange Colours into the Red Scarf , and Colours of Spain , and their Waggon Canvas marked with the Burgundian Cross , to pass unsuspected of the Pesant ; and ( if demanded ) to answer , they marched to Antwerp for Provisions , whether indeed the Enemy had designed such an errand , and at dead and a dark night , they arrived neer the Castle , forthwith seizing Out-guards , pulling down three or four stakes of the Pallasado for a passage , and already gotten upon the Bridge ; the Wind so assisting as carried away all noise of the Waggons , neys of the Horses , or clattering of Arms ; and so having let down their Boats into the Ditch , fastening their scaling Ladders , making ready their ●insers , Hammers , Leavers , and Engines , to break Baracadoes and to lift Ports off their Hinges . And thus as silent as mlght , yet comming too near , an Old Souldier Centinel , one Andrea Cea a Spaniard , he listened to an unusual murmuring noise , and like a tryed Blade discharged his Musquet , which alarmed Iuan Bravo , the Spanish Governour and Guard , who got to the walls , and the Dutch to their Heels , lest all their Instruments and Engines , evidences what they ment to do . In our Camp at Mede , we had a flying report of the good successe of some excellent Enterprize ; which no doubt our General himself , too much assured of good effects , had revealed . But when it was blasted and better known , the Prince to excuse his Countrey-men , complained only of their quick Spirits , confidence , and too much hast in the execution . It was my chance to be there when Brouchen came in to yield up the accompt of his miscarriage ; and with him an English excellent Engeneer , one David Collet , who over a sip or two of Brand-wine , protested to me that he by Boat and wading was got upon the Bridge-end , and fixed his Pittard upon the Castle-Gate , that the Century called ( indeed ) qui-va-la , as but suspecting , for after a good while silence , he seemed satisfyed , when ( said he ) the cowardly Dutch scared at his voice only , left the Enterprize , and ran away , leaving him to wade and swim back again in cold weather , with a hundred shot , by guess , about his ears , for then the Century discharged his Piece , and not before . Another such design afterwards committed to the charge of Statenbrunk Governour of Grave , which intruth , failed by the hand of neaven ; the monstrous showers of Rain , moistened their powder pans , made their Muskets unserviceable , and some fires upon the Walls of the Castle , gave suspition of Discovery , and so they retired in Confusion . Then we endeavoured to relieve Breda by Boats , flat bottomed , strong and able to brook the tyde ebbs , and Danger of Sands or Shelves , armed with six Cannon of Brass , with Iron and Fire Balls , laden with Corn shut up in Pots , with Cheese , Bacon , Lard , &c. and filled with choise Musqueteers . They of the Town , forewarned of the time , furnished fourteen Boats also , six of them armed with six pieces of Artillery and Fireballs ; the other six with three hundred Musqueteers . These should drive with the Ebb upon the Boats of Provision ; and six hundred men by land should sally out neer the River side ; Spinola by quick intelligence fortifies the Black causey , crosse the drowned Meadows , over flowing twice in twelve hours , and so by passage to the Town ; and after the ebb to wade through on foot . The wind was at first very favourable for the Boats , to bring them out , but suddenly quite contrary , and so languishing ●or a change , our provisions taking wet and purloyned by the Souldier , the whole Enterprize was frustrated . Anoaher Design of Maurice was , to draw neer unto Spinola's quarters , by dispossessing the Enemy of Ousterholt Steeple , kept by twenty two of their men for discovery , back by an Horse Troop . The Dutch with a Pittard blew up the Steeple , and retired ; the fire ascends to the place of their Powder , which with great difficulty they removed , and flung away ; and with stones from above ( their best weapons ) killed some below , but the poor Spaniards above burnt to death , except three or four escaping with wonderful hazard , scrambling down without the Steeple , and horridly scorch'd , with honourable scars , under their black patches all their lives after . And ( another Design , not the least ) so they set fire on Ginnegen Church , where Spinola had six thousand Sacks of Meal , with a Granary of Oats , and much other Magazine provision , which put the Enemy to the inconvenience of Recruit . These and such like were endeavours to have done more . After thirty daies encamp at Mede , the Prince very pensive and sad , fires his quarters , leaving the place to the Enemy , and warily retreats in two divisions , Himself and Count Ernest to Rosendale , from whence he retires home to the Hague , never appearing in publick to his death , not long after . His Brother Henry with the other division fortifies Sprang ; some hopes were surviving if cold weather , and want of provision to inforce Spinola . And besides the good hap of Count Mansfield was come out of Germany into the Skirts of Brabant , with his roving Regiments , and scattered troops of the Duke of Brunswick , both beaten out of Germany by Tilly and Cordoua . And these men ( God knowes ) more like Travellers than Fighters , were rather rumored than numbred to be ten thousand , in truth not six thousand , without Arms , Money or Provision , and as outragious , where relieved which unwillingly was every where , to be rid of such Guests ; necessity inforced them into those ways , which hath taught that practice of late daies to the Duke of Lorain . But in fine they having no means nor maintenance their Men forsook their Masters , and Mansfield and Brunswick became Courtiers at Hague . And thus at leasure the Count was invited by Projectors in England , and promises out of France , slender enough on all sides to seek an Army to seize the Palatinate ; and imbarquing at Zealand in the depth of Winter and foul weather , split upon the Sands at his setting out , but himself and some Followers escaped in the long boat ; got aboard of a Pinck , and came safe to England , the Ship , Captain and Seamen swallowed in the Sea. He was caressed here by hearsay of his Honourable fame , and shortly a Press for twelve thousand foot ; His Horse were conditioned from France and Germany ( as he said ) whither his Design was to journey . And six fresh Regiments soon raised by young Collonels , the Earl of Lincoln , the Lord Doncaster , ( son to Carlisle ) the Lord Cromwel , Sir Charles Rich , Sir Iohn Burrows , ( late Governour of Frankendale ) and Collonel Grey , an old Scotch Commander , a tuff tryed old Buff-blade . The Earl of Lincoln for more honour , had a Troop of horse , and to accompany him , Mr. Gunter , an active Horseman , and professed Rider raised the other Troop , and of him a Writer is much offended [ as if none could command Horse ( quoth he ) but such as can make them curve● in a Riding house . ] belike he meant to prefer Lincolns Lordship of greater ability , who truly till that time , had never bestrid a mannaged horse , nor durst for fear of falling . And in February they mustered in Kent , attending for shipping and readiness of his French Horse , to receive him at Calais , but lying here over long , the raw Souldiers not well disciplined , that Marshal law could not keep them in aw , and at last shipped for Calais , one hundred and twenty Sayl , lay there hovering to have leave to land , the French Horse not being ready , nor that State willing to hazard such raw and unruly men through their Countrey , that were so ill tutured at home , and so upon likelyer hopes , were forced to ●ail for Zealand , and for the former reasons , anchored at Ramekins , till the States could better consider what to do with them , rather wanting provisions than men ; and weighing anchor , up they sail to Guitrudenbergh , but not permitted to set them ashore , pestered on Shipboard with si●all provision , and such as putrified , stench begat pestilence , and to be rid of general infection , the sick were flung overboard , ere half dead ; nay some of them floted to shore , and lived long time after . And at last of their whole number , there landed not six thousand , and those well aired , were mingled with the other English , serving to recruit their weakned Regiments . Yet the very noise of this new Army put Spinola to procure great succours from the Arch-Duchess , till he was 38000 horse and foot , and wrought another outward Trench about his former works of fifty two thousand paces , much larger than the other , which before was but three thousand six hundred paces . Indeed after ages may make it too monstrous to be true ; for Caesars at Durace , was but fifteen thousand , and Pompeys but nine thousand paces . This Trench was ten foot high , and fifteen foot thick at the bottom , and six at the top , rising five foot high ; the ditch seven foot deep about it , and fifteen foot broad , and again each several quarter , with new Trenches . In all a very labyrinth of Trench and fortification , expecting to be forced . Thus far was subtile Spinola deceived with fears of foreign forces to join with the Prince . And Mansfeild , ( to amuze the more ) took upon him to write to the Arch-duchess ) To permit him leave to pass ( towards the Palatinate as he pretended ) and to victual his supposed Army ) through the Spanish Provinces as ( to comply with the King of England his Masters commands ) he must of necessity pass unto . But he had no answer . On the sudden at Sprang ( the Dutch Quarters ) we heard three several volleys of shot , great and small , from Breda ; but the English , strangers to the design , were told that it was the Holyday Triumph , the Anniversary fourth day of March of the surprize of Breda from the Spaniard by the Turfeboat 1590. which was now done saies Herman Hugo this year very solemn , more like the funeral than the birth , as being their last day . When yet ( though lost a little while after ) it was regained by the Dutch in anno and remains to the States this day , 1654. The next Moneth gives up the Audit of Prince Maurice , who died at the Hague , full of years and honourable fame , in April 1625. and his Brother Prince Henry gon thither to solemnize his Obsequies , returns back with ample powers as the other enjoyed over the whole Army Generalissimo . King Iames lately dead , the Earl of Oxford being sent for , into England , moved Prince Henry , the new General , to have the honour of an Attempt , to break into Spinola's quarters . The design was by the Causey , that leads from Guitrudenbergh to Treheida , which was fortified with two dry ditches , a Redoubt , a breast work , and a large Fort. His forces were six hundred foot choice English , assisted with the person of his Uncle , that tryed excellent Souldier Sir Horatio Vere , with fifteen hundred more English the Vantguard , and some Germane and French following , in all four thousand . In the Rear the Artillery and some Troops of Horse . The Enemy got warning , and prepared to receive us that way , but where to fall he knew not . But whilst we gave them of Spinola's Camp , false alarms , we immediately fell upon the Italian quarter Carlo Roma , and surprised a foot Centinel per du , and so got to the Redoubt , which we forced with fire Balls , and drove them to retire , and placing our men about the Redout in dry Ditches , with undaunted courage we won the half Moon before the Fort ; labouring with hands and feet to scale the Rampire , upon which Oxfords Ensign fixt his colours , and with therest leaped into the Fort , where the Italians fought well ere they were beaten out . Those also of the other causey , which leads to Sevenbergh adjoining , quit their Trenches and fled . The English ( saies our Enemy ) maintained their Fight with that fury and resolution , as if no other occasion could make proof of their worth and valour . The Enemy thus engaged , began to disorder and fly into the face of a fresh company of Foot sent to their Relief , and so mixing routed the rest to a plain retiring , proving a means to make their danger greater than before ; untill Carlo himself with his Sword and Target forced them back , and getting before , led them on again , with such Fury on either part , as till then had not been seen since the first of this siege ; and so overpowred by fresh men , wrought the English out again , who indeed could not mount the second Fort so soon , but with wondrous difficulty , the Waggons not able to march with our scaling Ladders , the Canon playing continually upon us in the windings and turnings of the causey , with great disadvantage to the English , and so narrow , that the Rere could not advance timely to our Succour . Oxford in the head of all gave excellent testimony of his valour , and in mishaps , impossible to be releived he retteated as punctual and orderly as his onset , each Souldier observing his rank , not stepping one foot a side , as if duty and obedience , could oppose the Canon , which had advantage on us all with certain execution , to the loss of some hundreds on all sides . And this , though daringly done , as was possible for men , proved not successful , and the last Attempt on this wondrous Siege . The Earl and his Uncle untouched , returned with much honour , and Oxford two daies after , in the heat of the day , took leave of the Army , riding hard upon a great Horse , to several Quarters , himself very corpulent , came home to the Hague , but with heat and cold got an Ague , and died there in a Fortnight after . And the Winter before , dyed the Lord Wriothsey , Son to the Earl of Southampton , at Rosendale , and the Father at Bergen-op-zome . This was the ill success of the Last Attempt , whereof the Prince acquaints the Governour of Breda by a Spy , who proved false . And that the Town should not delay too long to hazard all , by too much obstinacy ; That if he received these letters , then to give a sign by shooting off three pieces of Canon ; which he did at Midnight after , and by shewing as many lights upon their Tower as they had yet daies to feed upon provision , which was eleven . And this letter was brought by the Spy to Spinola , as many others had been before by this fellow ; which were all copyed , and sent in for Answers , and evermore returned to Spinola , being deciphered by one Michael Rowter , Secretary to Spinola . Upon which a Trumpet is sent by the Enemy to the Governor , and the doubt of all deciphered , by which he was assured his secrets were made publick , and having honourable conditions , the Town was surrendred the second of Iune 1625. The Infanta made her entrance into Breda at Haughe Port , upon which was fixed this Programma . PhILIppVs HIspanIae ReX . gVbernante IsabeLLa CLara eVgenIa obsIDente SpInoLa . HostIbVs frVstra In sVppetIas ConIVrantIbVs BreDa VICtor potItVr . This which followes , alluding to the year , was placed in the Church . AMbrosI SpInoLa VIgILantIa BreDa eXpVgnata . And Concluded with this Chronographicum . ReX BreDaM CepIt qVInta IVnII . And seeing we are in discourse of War and Death ; it will not be much different or disagreeing , to remember the decease , or violent death of the Marquess Hamilton , a gallant Noble Person , but a man intemperate , which hastened his sudden death , by his high feeding very late at Nights , and at all times most diseasonable . Which Physicians did forewarn , as impossible for his constitution , enclining to humours , long to continue ; insomuch , as feasted late at the Lady Udalls , a place of too much good fellowship , he was coached home sleepy , and so put to bed . And though he awaked yet slumbering without any account of himself after , and dyed before Noon the next day , not without Symptomes very unusual , unless of distempered Bodies . But why impoisoned ? because [ Doctor Eglesham a Scotch - man was something bitter against the Duke , whose Neece had lately married the Marquesses Son , for the Marquess was averse to the Marriage . ] A very stout reason . Certainly had the Duke been but at Breda , all our English Lords had been impoisoned there too , and so might have saved that Authors labour to story their several diseases . But I can tell him ( as the Town talk then ) that a new Frenchmode Cook with his Quelque choze and Mushrom Salads at that Supper , surfeited the Marquess to the death , and for the Ladies sake , the tumourous discourses were then cast upon any body else , which thus long after we see falls upon the Duke . And although King Iames died some time after , yet Death followes him close at the heels in this mans account [ and impoisoned also ] Marry , his disease that brought his sickness , is far fetcht [ Care for his Grand-children , danger of his own person , at home , or Ingagement of war abroad , or full feeding , or sweet Wines , or what other accident he knows not . But a Tertian Ague he had , which by several violent fits brought him into a Feaver , and so expired on Sunday Morning the twenty seventh day of March , the year of our Redemption 1625. at Theobalds . Our Pamphlet having tumbled the King hitherto , blowes his death at par●ing , which he saies [ began with a F●aver , but ended with a poisoned Playster applyed by Buckingham , for which being questioned the next Parliament , it was hastily dissolved for his sake , only to save his life . ] In the entrance of the Spring , the King was seized with a Tertian Ague ; which to another constitution was not pestilential , but rather might prove Physical . But all men then knew his impatience in any pain , and alwaies utter enmity to any Physick ; so that nothing was ministred to give him ease in his fits , which at length grew violent ; and in those Maladies , every one is apt to offer advice , with such prescriptions as have been helpful unto others , and in truth , those as various as the disease is common . In this time of the Kings rerire , the Duke got leave to visit his Estate at New-Hall in Essex , where the Earl of Warwick told him , that a neer Neighbour , Dr. Remington at Dunmow had cured many and him also , of a Quartane Ague , which had lasted a long time . The King being told this , commanded the Duke to send for the Medicine ; which was a Plaister of Mithridate , made and spread upon Leather , and delivered from his hand to One Mr. Baker , a Servant of the Dukes then , and now living neer to the Earl ; and so by that Messenger brought to the King and shewed to the Doctors , and lay ready prepared upon the Table untill proper time to be applyed to his stomach ; Together with a Possit-drink of milk and Ale , Harrs horn , and Mary-gold Flowers , ingredients harmless and ordinary , which the Duke gave him to drink , and so took leave and went to London . The King fallen into slumber about Noon , the Physicians took opportunity to retire , having watcht all night till that time . When in the interim of their absence , the King awakes , and falls from a change of his fit , unto timelyer effect , then usually it had happened before ; which to allay , this Plaister was offered and put to his Stomach . But it wrought no Mittigation , and therefore was removed by the Doctors , who were much offended , that any one durst assume this boldness without their consent . But by after examination , all men then were assured of the composition , and a piece thereof eaten down by such as made it ; and the Playster many moneths afterwards in being , for further tryal of any suspition of Poyson ; which if not satisfactory now , it must and ought to lodge upon their scores , Sir Matthew Lister , Doctor Chambers , and other Physicians worthy men , who were herein examined , with very great satisfaction to cleer that calumny , and are yet living to evince each ones suspition . Otherwise to blame was Montgomery , that precious Earl , of successive merit towards the Kings Posterity [ whom ( it is said ) the King trusted above all men , and imprecates him , for Gods sake look I have fair play , which he mistrusted ] that this careless Earl should neglect his duty , falsify his trust , or connive with the composition of any poison , if it were so . It was indeed remembred the following Parliament , and whereof the Duke was questioned , as a boldness unpardonable , but in the charge ( which I remember Littleton mannaged at a Conference in the painted Chamber ) it was not urged as poisonous , but only in him criminable . The Duke asked of me the effect of his Speech , and answered me , Well , In that as other things , my innocency is so cleer , that their malice does the more rivet me into good mens affections ; and tru●y the Lords thought the Commons , more busie then needful , to spend time in the examining . Oh! [ But the Physicians muttered , and others made a great noise , and were forced to fly for it . ] It is thus far true . There is a Doctor yet living , from that time discontent with the Court ; and perhaps to colour his own demerit ; would now insinuate to easie men , his too much resentment of the Kings death , which he is willing any one should suspect . And to boot Egglesham ran away , writ a scurrilous Book at Bruxells , vain and false ; as full of lyes as lines , which was reprinted in the times of freedom for such like Pasquils , purposely set out to renew the memory of the Dukes crimes , and to taint others with infection ; but as the surface thereof , at the first sight is frivolous , so be it examined to the full , it will be found malicious , and lastly laid aside as impossible . I was told by Sir Balthaser Gerbier ( though his testimony be odious to any man ) that Egglesham dealt with him in Flanders , for a piece of money ( not more then four hundred Guilders to defray the charges ) to imprint his recantation ; of which the Duke bid Gerbier join Knavery together , and spit their Venome till they split , and he would pay for printing that also . But of these enough ; and yet what will our Monster of man pursue [ It will be a hard task for any Man ( saies he ) to excuse the King his successor , for dissolving that Parliament to preserve One that was accused for poisoning his Father ] he means Buckingham , who was never accused of any such crime . Trace this Authors Steps in your reading as we have done his writing , from his first taint towards King Iames [ of suspition to imprison Prince Henry ] and now concludes that his Son , his only Heir and Inheritou● of his Crown and Kingdoms , should connive ( an equal guilt with the Principal ) at the impoisoning of the Father ; what can be more horrid infamy , for a Traytor to surmize to publish , nay to imprint in Odium of his two Sovereigns , for he lived their sworn Subject . And now to conclude in Answer of their Characters , who cauterize K. Iames. As also of such another , Nuper Natus & Notus ; Cumini cultor , who hews the King into chips , and then shreds them . We refer them to the Encomiums , Divine and Humane . The one by Mr. Bolton , a Reverend and Judicious Writer , which he had preached to his People . The other by Sir Francis Bacon , that learned and most accomplished Judge of all Knowledges , Divine , Natural and Humane , which he offered up a Pauegyrick to the King himself . Boltons Religious Contemplation of King Iames. ANd here ( saies he ) I cannot hold , but must needs most justly complain , of the hateful intollerable unthankfulness of Us in this Kingdom , the happyest people , under the Cope of Heaven , had we hearts aright to conceive of Gods extraordinary love , and such miraculous Mercies , as never Nation enjoyed ! walk over the World , peruse the whole face of the Earth , from East to West , from North to South , from one side of Heaven to another , you shall not find such another nlightened Goshen , as this Island , where besides doth the Gospel shine with such Glory , Truth and Peace ▪ &c. We have lived in a time of Miracles ; Our posterity will hardly believe the wonders done in Our daies , &c. Was it not a miraculous mercy to have such a King ? &c. who hath already , next under that Almighty God , by whom Kings reign , continued the Gospel unto us , and preserved us from the destroying Sword , all his blessed Reign over us ? and what do you think were so many years Peace worth , were it to be bought ? with the Enjoyment of the Gospel to boot ; He hath enobled this Kingdome for ever , by his excellent Writings in the cause of Religion against Antichrist ; which would have created a great deal of Honour to a private Man , minding nothing else . How illustrious then do they make Our King ? The child unborn will blesse King James , For his Premonition to all Princes and free States of Christendome , and that Royal Remonstrance against the rotten and pestilent Otation of the French Cardinal , to the utter and Triumphant overthrow of it , penned in that Stile that none can possibly reach , but a learned King ? his Golden Pen hath given such a blow to that Beast of Rome , that he will never be able to stand upon his four Legs again . He hath shot out of his Royal Bow , such keen Arrowes taken out of the Qu●ver of Gods Book , which will hang in the sides of that Scarlet Whore , and make her lame as long as she lives . Hath he not most happily and seasonably stopt the hasty torrent of the Arminian Sect , and the domineering Rage of bloody Duels ? &c. And was not the discovery and delivery from the Powder plot , that great Astonihment of Men and Angels , one of the most unparallell'd and merciful Miracles , that ever the Church of God tasted , &c. And to crown all with wonder of greatest Astonishment , do not we all ( that are of the Kings faithfullest Subjects ) almost fear still left we be in a dream , That King Charles the flower of Christendom , &c. And concludes , Away then with all sowr , melancholick , causeless , sinful discontent . And praise ye the Lord , sing unto the Lord a New song , and his praise in the Congregation of the Saints : Let Israel rejoice in him that made him . Let the children of Zion be joyful in their King , for the Lord taketh pleasure in his People : he will beautifie the meek with salvation . Let the Saints be joyful in Glory . Let them sing aloud upon their Beds , &c. Sir Francis Bacon in honour of K. Iames. WHerefore representing your Majesty many times unto my mind , and beholding you not with the eye of presumption to discover that which the Scripture tells me is inscrutable ; but with the observant eye of duty and admiration , leaving aside the other parts of your virtue and fortune ; I have been touched , yea and possessed with an extreame wonder at these your virtues and faculties which the Philosophers call Intellectuals . The largeness of your Capacity , the faithfulness of your Memory , the swiftness of your apprehension , the penetration of your Iudgement , and the facility and order of your Elocution . And I have then thought that of all the persons living , that I have known , your Majesty were the best instance to make a man of Plato's Opinion , That all knowledge is but Remembrance , and that the Mind of man by Nature knoweth all things , and hath but her own Native and Original Notions ( which by the strangeness and darkness of the Tabernacle of the Body , are sequestred ) again revived and restored ; such a Light of Nature I have observed in your Majesty , and such a readiness to take flame , and blaze from the least occasion presented ; or the least Spark of anothers knowledge delivered . And as the Scripture saith of the Wisest King , That his heart was as the Sand of the Sea , which though it be one of thr largest Bodies , yet it consisteth of the smallest and finest portions . So hath God given your Majesty a composition of understanding admirable , being able to compass and comprehend the greatest Matters , and nevertheless to touch and apprehend the least ; wherein it should seem an impossibility in Nature , for the same Instrument to make it self fit , for great and small Works . And for your gift of Speech , I call to mind what Cornelius Tacitus saith of Augustus Caelar , Augusto profluens u● quae principem deceret eloquentia fuit . For if we mark it well , Speech that is uttered with labour and difficulty ; or Speech that ●avoureth of the affectation of Art and Precepts : Or Speech that is framed after the imitation of some pattern of Eloquence , though never so excellent . All this hath somewhat Servile and holding of the Subject . But your Majesties manner of Speech is indeed Princelike , flowing as from a Fountain , and yet streaming and branching it self into Natures Order , full of facility and felicity , Imitating none , and imitable by any . And as in your Civil Estate , there appeareth to be an emulation and contention of your Majesties Virtues with your Fortunes ; a virtuous Disposition with a Fortunate Regiment : a virtuous expectation ( when time was ) of your greater fortune ▪ with a prosperous possession thereof in the due time ▪ a virtuous observation of the Laws of Marriage , with most blessed and happy fruit of Mariage , a virtuous and most Christian desire of Peace , with a fortunate inclination in your Neighbour Princes thereunto . So likewise in those Intellectual Matters , there seemeth to be no less contention , between the excellency of your Majesties gifts of nature , and the Universality and perfection of your Learning . For I am well assured of this that what I shall say , is no Amplification at all , but a positive and measured Truth , which is , That there hath not been since Christs time , any King or Temporal Monarch , which hath been so learned in all Literature and Erudition , Divine and Humane . For let a Man seriously and diligently revolve and peruse the succession of the Emperours of Rome , of which Caesar the Dictato● , who lived some years before Christ , and Marcus An●onius , were the best learned . And so descend to the Emperours of Graecia , or of the West , and then to the lines of France , Spain , England , Scotland , and the Rest , and he shall find this Judgement truly made . For it seemeth much in a King , if by the compendious extractions of other Mens Wits and Learning , he can take hold of any superficial Ornaments and shews of Learning : Or if he countenance and prefer Learning , and Learned Men. But to drink indeed of the true Fountain of Learning , nay to have such a Fountain of Learning in himself , in a King , and in a King born , is almost a Miracle . And the more , because there is met in your Majesty a rare conjunction , as well of Divine and Sacred Literature , as of Prophane and Humane . So as your Majesty stands invested of that Triplicity , which in great Veneration was ascribed to the antient Hermes , The power and fortune of a King , the knowledge and illumi●ation of a Priest , and the Learning and Universality of a Philosopher . This propriety inherent and individual Attribute in your Majesty , deserveth to be expressed not only in the fame and admiration of the present time , nor in the History or Tradition of the Ages succeeding , but also in some solid work , fixed memorial and immortal Monument , bearing a Character or Signature , both of the power of a King and the difference and persection of such a King. So he . Memoria Iusti cum laudibus , Et Impiorum Nomen putrescit . An EPITAPH ON King Iames the sixth . THose that have Eyes awake and weep , For He , whose waking wrought Our sleep Is fallen asleep ; and never Shall awake , till wak'd for Ever . Death's Iron hand hath clos'd those Eyes Which were at once Three Kingdomes Spyes , Both to foresee , and to prevent Dangers so soon as they were meant . That Head , ( whose working Brain , alone Wrought all mens quiet , But His own ) Now lies at Rest. Oh let Him have The Peace ( He purchasd ) in His Grave . If that no Naboth , all His Reign , Was for his fruitful Vineyard , slain ? If no Uriah lost his Life , For having had so fair a Wife ? Then let no Shemei's curses wound His Honour , or profane His Ground ; Let no Black-Mouth , no Rank-breath Cur , Peaceful James His Ashes stir . Kings are as Gods ; O! do not then Rake in Their Graves , to prove Them Men. For His daies toyl , and Night watches ; For His craz'd sleep , stol'n by Snatches ; For Two fair Kingdomes , join'd in One ; For all He did , or meant t' have done ; Do this for Him ; write on His Dust ; King IAMES the Peaceful and the Just. Sit Gloria DEO . FINIS . The Conclusion . HItherto , having pursued the Descent , following the Union of the two Roses by Marriage of Henry 7. of England ; and the re-union of both Kingdoms Sovereignty , by succesfull inheritance of King James , and then left to a son and Heir , and also to the numerous issue of a Daughter and her Descendents ; and suddenly into the present possession of King Charls of Great Britain , France , and Ireland , the first ; who though affianced forthwith in Marriage with the Princess Maria Sister to the French King Louis the 13. Blessed also afterward with a numerous Issue , Sons and Daughters , as a full Period ( in shew ) of all former Mutation and change , through them and their posterity , perpetual . So indeed it appeared to a State-observer , but not seemed good to the Eye of Providence , whose powerfull Hand hath ordered it otherwise ; for He is taken away in the strength of his years and perfections , and none of his ( in possibility of Reason ) to succeed to any part or portion of his Inheritance . But , to proceed in the continuation of this History to these Times , and to branch into such particulars , as to draw down to discover Truth to after-Ages , may seem to some very difficult ; the common Excuse of such as cannot or will not undertake it ; and therefore pre●end , that by following the heels of Truth too near , a man may endanger his Teeth . A defect of Reason so to conceive ; when an even and unbiassed Narrative of Men and Matters may well become the judicious Historian . For first , that King Charls was lawfully possessed and crowned Monarch of his Fathers Inheritance ; his Peers and People obediently submitting to his Scepter . That He being necessarily imbroiled into some forrein Ingagements against Spain and France , was enforced to summon the assistance of several succeeding Parliaments unsuccesfull ; and by too hasty Regulation of Ecclesiastick Discipline upon the Scots Kirk , moved them to an unnatural Insurrection , which caused Expeditions against their Armies already descended into the heart of England ; which enforced him to assemble another long-lasting Parliament , wherein he lost himself and his Life also . What were the true and different Reasons , Grounds and Man●agements of the late Differences between Him and Them , the Pro●ocations on either side to the first entrance into the miserable War ? Their several Battels , Sieges , Policies and different Successes of that so long uncivil-civil Dissension . His n●●●ssities enforcing Him to leave his own Party and to resign up himself unto his natural Countreymen unfaithfull Scots . Their Sale of his Person back again to his English subjects . Their several Passages , Declarations , Narratives , Treaties , Overtures and Disputes between Them , both before and during his Restraint in order to a firm and lasting Agreement with his Parliament and People for Reconciling Important Affairs of Church and State , with the Presby●erian future destruction of the Hierar●hy of Ecclesia●tick Discipline . Their Policies thereupon to be rid of the Bishops , Deans and Chapters . The Dismission of the Lords House in Parliament and Impeachment and Execution of Ecclesiastick and Lay persons , Bishops and Beers . And after all , they brought his Head to the Block a sacrifice for the sins of the whole Nations . The different Dis●ositions in their eleven years long domination of a pretended Triennial Parliament necessitates another Power to purge them with several Doses , and afterwards to put them down . Sundry Expedients to prove them by a fresh Assembly , Representatiues of the People . Their time and debates wasted to no good purpose , they are broken up , and in fine dissipated . And then the last little Assembly rise of themselves , leaving all in Anarchy and desperate confusion . Untill it pleased the Almighty to raise a Power which resumed the Peoples protection in monstrous danger of utter destruction . The necessity of the national Affairs introducing , were put under the power of single Sovereignty . How that power hath managed the Government against divers desperate Designs Forrein and Domestick . The prosperous effects and issue now settled into an assurance of the Nations future subsistance . And all these in reference to our neighbour States ; War with some , Amity with others . All these particulars , faithfully put together , without captious and pres●mptuous opinions of partial observers , not to descant private conceits upon the necessity of State. But barely to represent the Narrative , and to leave the 〈◊〉 the Readers sentence . And this way ( God willing ) is thus intended , and in part pursued , the matter and manner of this monarchical succession and final conclusion to be faithfully performed unto these Times our last Days . By W. SANDERSON . Nec magna desiderantur . Notes, typically marginal, from the original text Notes for div A62145-e290 Henry 7. James 4. James 5. Notes for div A62145-e17560 Of King Iames parents to his Birth . Their descent . H. 8. turns Lutheran , And makes war with Scotland , And defeats them . K. of Scots dies , And his Daughter Mary born . His Burial , And Character . Q. Maries entrance into he● Crown , and Troubles , By Factions of Hamilton and Lenox . Earl of Arran Her Guide . Her breeding in Fran. And there married the Dolphin . And as heirs to England quarter the Arms. Which offended Qu. Elizabeth . The French King and Dolphin die The Queen returns to Scotland . Requests a Peace with England . Which o●●ends Queen Elizabeth . Q. Maries designs to marry . And Qu. E. propos●● Husbands . Emperours Son And in England Earl of Leicester . And in France . Dudley preferred . Leicester a Suter to the Q. of Scots . Q. Mar● in love with Lord Darly . Darly's descent , And Character . His Preferments , And mariage with the Queen . Scotland in disquiet . K. Iames born , 1566. Digression . The Scots Religion & State affairs intermixed . Notes for div A62145-e21060 Anno 1542. Q. 〈◊〉 comes to the ●●own . Romish and Reformed Religions . Scots , how Christians . From Palladius . Schism at Rome creats Excep●ions to P●pacy , By Wickliff , Iohn Hus , Ier. of Prag . and some Scots . First Bishops in Scotland . Arch-bishops , and Cardinals . Popes presents . Scotis● Martyrs . Of Northern Martyrs . Anno 1543. Scots Prisoners promise a Mariage ; the French interpose . 1544. Incense the English to Arms. And land with Fire & Sword , and return ; and the like in France . Take Bulloign . The Scots enter Engl. Scots imbroiled in troubles a home . Cardinal Beato● murthered . Anno 1546. Io. Knox the Reformers Ringleader . First Minister . Tumult . 1547. H●n . 8. dies . Antient League with France . English Army to ballance differences , Sent by K. Edward . The Letter of Summons pres●nted to the Scotish Army . Anno 1547. Which they neglect . The Armies meet . The Scots are discom●ited , & slain 14000. l. 1548. 10000. French come to their aid . The Queen at six years of age sent into France . Hadington siege . French Command . English Forces recruit . Anno 1548. Io. Knox his travellings and course of Life ; at Franckford accused of Treason , and flies back to France , and so to Scotl. 1555. and back again to Geneva , and then again to France . 1557. and by Letters to his Faction in Scotland , they come into Covenant , 1558. Presbytery first set up at Dundee . Digression . Of Geneva , and their first Presbytery Church . Francis●us Bonivard . Simler●● de Rep. Helv. Anno 1558. Farellus thei● Founder . Bod. de Rep. p. 353. Calv. to Sa ▪ dol . p. 172. Bod. de Rep. p. 353. Calv. comes to Geneva , and fabricks a Discipline . Bez. in vita Calvin . Calv. de nec . ref . eco . p. 64. They advise of a Church Discipline . Bez. in vita Calvin . Capit. to Farel . Ep. Cal. 6. Cap. to Fareli Epist. Calv. 6. Beza de vita Calv. Cal. ●● Bullenger . Cal. 〈◊〉 Bullenger Ep. 207. Bod. de Rep. ● . 2. Calv. 6. Cal. 〈◊〉 Vire●●● Epist. 586. The promu●gation thereof . Beza to G●irdal Ep. 8. Anno 1559. Treaty at Cambray . Articles of Calice . The French King aims at England . Quarter the Arms of England . K. of France killed at a Tilting . Q. Elizabeth of●ended . Knox arrives in Scotland . Marches in tumult to Sterling , called the Congregation , and Rebel . Ro●● and demolish the Fry●ries . Destroy Scone take Sterlin and Edenburgh . and are proclai●ed Tray●ors . Covenant anew , and call in aid , of England ; and the other bring in the French. Lords of the Congregation Traytors , who publish Decl●rations , to depose the Qu. Regent● French Forces Shipwrack● . The Kirk ●led Pro●estan●● : Support from England . Knox his pestilent Pa●phlet . Caecils Letter to Knox. Caecils considera●●ion . Scots dissemble . Gain assistance from Englan . Contract amity with the Religion . Anno 1560. English Army 10000. under Lord Gray . Presbyters 4. Covenant . Q Regent dys . Peace on all Parts . Treaty at Edenburgh . 24. to Govern. Ministers make work . Super-Intendents . Crave Liberty of Conscience 25. Articles of faith . Frame a Discipline . King Francis dies . Orders in the Ministery . Ambassadour from France to break the League with England . Jealousi● ▪ between England and Scotland . Queen Mary comes home . Anno 1561. Mass opposed . Q. Eliz. sends to ratifie the peace at Edenburgh . Ministers assemble at pleasure , and therefore questioned . Their Discipline Orders subscribed . Maintenance allowed them . very small . A Scotch Mark is 13. d. ob Sterling . 22. ● . in gold ; Modificators . Lords comit Riot , 〈◊〉 take ●●ms . Ar●●● Plot. Anno 1562. Ministers assemble , Vote themselves exempt from Justice . The Queen opposed . Rebels defeated . Mess●ns a Super-intendent hath a Bastard Anno 1563. Chatteler executed . The Ki●ks justice upon Papists . Papists committed . Knox insolency to Murray . Parliament not piyant to the Kirk . Knox. The Queen talks with Knox , His answer . Insolency at the Altar Mass. Knox his Breves to his Brethren . questioned by the Council . General Assembly . Goodman . Anno 1564. Knox his Insolent answer . Lenox and Darly from England . The Q. affection to Da●ly . His de●cent . Q● . Eliz not displeased with the Match . The Ki●k enemy to Mass. Punish a Mass Priest. Bothwell called to account , flies into France . Anno 1565. The Q●een propo●es her Mariage with Darly , who is created E. 〈◊〉 . Six Articles of the Church National . Her answer . The Mariage hastened . Ross made D. of Rothsay . The Mariage in July 1565. The K. and Q. take Arms , so do the Lords . Knox sermon against the Government . Both Armies match in sight . The Lords proclamed Rebells . Fly into England , and get aid , but submit General Assembly . Rizio the French Secretary . The first Publique fast in Scotland . Rambullet Ambassadour of France . How the King should quarter his Coat arms The K. turns Protestant . Banish● Lords sent for . K. negl●cted , Bothwel advanced . The Queen brought to bed of a Son. Me●●ans penance . Anno 1566. The K. discontented letters intercep●ed . Knox procures Geneve Confession . Bothwel visited by the Q. Sheprogresses to the Borders at Berwick . Borders , how bounded . Prince baptized James . The Kirk have all they desire Manner of excommunicating . Ingrateful . Prescribe good behaviour in England . The King murdered . H's Character The 〈◊〉 report of the Kings death . Bothwel divorced , and maried to the Queen . Anno 1567. Summary of the la●e Murders , and their Acc●ssaries . Buchanan Books . Udall . Sir Roger A●●o●s repo●t of the Kings Murder . A brief Narration of the late Murders ▪ and the Queens hasty Mariages , and the cause ▪ . The Q●●aries Bothwel . The Lords take Arms. Bothwel is denied the Combate , flie● , and the Q taken . Treat a peace Q. Eliz expostulates these proceedings by Amba●●y . See Mar●ins History . Buchanans Books . Q Mary compelled to resign to her Son. Digres●ion . of Combates & single Duel● . The Q. scapes out of prison . All parties arm . Murray 4000. the Qu. 6000. both encounter . The Queen disco●●ited . T●● Q● . flies 〈◊〉 ●●nger . She lands in England , and writes to Qu. Elizabeth . Commissioners treat about the Scotish Q●een . Anno 1568. Regent po●ts to Q● . E●iz . Reg●●nt 〈◊〉 . The Duke of Norfolk committed , and his story which Murray plotted . Anno 1569. The Earls of Northumb. & Westmerland fly to Scod . Murray the Regent slain . Lenox chosen Regent , be●t●●s himself . Anno 1570. Bishop Ross Ambassadour examined . Pawlet Lord Treasurer , his childrens children 103. Parliament surprized . Lenox 〈◊〉 R●gent slain . S●pt . 6 1571. Ma● elected Reg●n , Sep● Anno 1572. Duke of N●rfolk arraig●●d Commissioners expostul●te criminally with the Q. of Scot● . Morton basely ●ells the E. of Northum . unto execution Scotland in faction of the King and Qu. Edenburgh besi●ged . Anno 1573. Regent relieved out of England , and wins the Castl● . His Coyn. Cofins the Kirk . Melvin a Geneve Discipl●narian , his Rantings . Bishop Ross released out of the Tower ▪ and banished . The Borderers con●er , and quarrel . Mor●ons wi●e submission . Anno 1574. The Ministers stiled Praecisians . Duke Castle-herauld dies . His Character and Issue . O●mston executed for the Kings murder . Heriots death & Character● . Anno 1575. Inovation in Church ▪ by Melvil ▪ agai●st Episcopal ●unction . The Regent misgoverns . Q. of Sco●s designed to dy . An●o● . d'Peres in Englan . Anno 1576. Don John● design bl●sted in th● bud . Ma●gari●e old Countess Lenox dies . Her Royal descent , and Issue . Anno 1577. Con●p●rators against the Regent Arguile and Athol at variance . Forerunner of the Regents fall . Complaint● ag●inst Morton , which the Mini●●ry increase Regent offers to resign . Is deposed . The King 12. years old is Crowned . A sactio● Geneve Synod . Melvin . Morton plots re●enge by the E●rl of Mar. Anno 1578. Randolph Ambassadour . Parliament Royal , disagree , and are made Friends . Coyn overvalued . The Chancellor impoisoned by Morton Parliament , the Kings royal appearance . His Speech . Act●●or Religion . Aubigny Stuart in great favour . But disliked there and in England . Qu. Eliz. Messenge● neglected . Anno 1580. Burleighs speech to the Scots Ambassadour . Morton disconten tretires . Charged with the late Kings Murther . Randolph rides post from Q Eliz. abuses his privilege of an Ambassadour . Anno 1581. Mor●on beheaded with his own Ax. His character . Ruthen created ●arl of Gowry . Q. Mary writes to Q. Eliz. Anno 1582. Which troubles her conscience . Surprize of the King at Ruthen . Removed to Edenburgh , and are confirmed by the Clergy . Ambassadours ill used . The King Orders to feast them , but the Kirk command a fast . Buchanans dea●h and Character . The King freeth himself . Anno 1583. Ambassadour from England plea●s for the Rebels . The late D of Lenox children prefe●'d . factious Lords submit . The Ministers meddle . Melvils ill manners . Gowry imprisoned , His confession . Anno 1584. Petition . Arraignment . His excep●●ons . Cond●m●ed and executed . His Character Some Ministers for medling fled to England . Declarations . and Acts of State. They reply with Letters to Edenburgh A●d are sharply 〈◊〉 . Design● in England for Queen Mary . Wade an Envoy to Spain . Anno 1585. Mary propose● condition● The Kirk disquiet . A Parliament . The Kings s●premacy and other Lawes confirmed . Ministers fly into England . Presbyters equivocation . Divers executed for Conspiracies . Angu● and other Fugi●ives in Engl. Insol●nt . Arran made Chancellour his great ▪ p●●r ▪ in State. Maxwel misused , takes arms against the L. Johnston . Arran declines in Q●een El●zabeths favo● . Holy League . Wootton sent Ambass●dour to Scotland . Propositions of a Mariage with Denmark . The Lords conspire , and declare . Wotton plo●s with them and posts home . The Lords seize the King at S●erlin , & treat . 1567. Parl. cap. 2 1572. Acts 46. 48. 54. 1573. Acts 55. 1578. Acts 63. 1579. Acts 69. Acts 71. 1584. Acts 130. 132. 133. 1587. Acts 23. Anno 1586. 1597. Acts 231. 1606. Act. 2. 6. 1617. Act. 1. Buchanan . See his de ju●egni Pag. 50 usque 57. Davison . The 〈◊〉 trul● stated . Genevians , Whittingham Goodman , Gilby , Whitehead , Coverdale , Orthodox men . Scory , Barlow Cox , Beacon , Bale , Parkho●st , Grindal , Sands , Nowel , Wisdom , Jewel . Udal , Penry . Martin , Gilby , and others , See after anno 1591. Learned Hooker . Cartwrights , and others , League offensive and defensive England and Scotland . Against the holy League of Papists . Return to Qu●●●aries story . Remo●●●● in●o custody ●o Pawlet . ●rdundel 〈◊〉 . Northumberland pistols himself . Babingtons Treason . Pooley . Be●●ayed by Gifford a Priest. Gifford a false Priest. Traytors all execu●ed . Gifford sent ●nto France , and there impoisoned . Q● . of S●ots c●mes to her Tryal . The manner . L. Chancello●rs Speech . Her Answer . Chancellou●s Reply . Gawdy . Queen . Queen . Que●n . Treasurer . Queen . Queen . Queen . Sentence against the Qu. of Scots ▪ Opinions of her Sentence . A d●legate Parliam●nt require Execution . Q. Elizabeth● cunning reply . Sentence proclamed . King Jame● perplexed ●ends Keith to Q● . Eliz ▪ With several directions . The Queens Answer . O●her L●tters more c●lm , and Ambass●do●●s . Ambassado●rs reason with the Queen . The King write● to Gray . ●nd Leicester to the King. So does Walsingham to the Lord Thirlstan . False Tale● . Scotland in disorder . The Ministers refuse to pray for their Qu. Cooper a saucy Minister . Is committed More letters from the K. A Mandate for execution . Davison . Be●le . The manner of her Execution . Her featur●● . Her apparelled . Comes forth of her chamber . Commissioners receive her , who speaks with Melvin her ▪ ma● . And to the Commissioners . Who denie he● some requests . At which she weep● , And they yield . and she come● to the Scaffold Sits down . Beale● speech . Dr. Fle●cher Dean of Peterboroughs exhortation . She interrupts him . He prayed for her . Her demeanor in Prayers . Executioners and servants disrobe her . Her servants sorrowful . She kneels at the Block . And is executed . 46. yeers old 18. yeers prisoner . Observable , her Dogs d●meaner . Her Corps buried in the Cathedral of Peterborough . Magnificently removed by K. James to Westminster , 1612. Her Epitaphs . Q. Elizabeths Letter to the K. of Scots . Davison sentenced in Star-chamber . His apology unto Walsing . Foul play on all hands . Walsinghams Letter to pacifie the K. Walsinghams Letter to the L. Thirlstan . The King● deportment upon his Mothers death . Whom Queen Elizabeth caressed . Anno 1587. Designs upon the King to revenge . Designs in Scotlaand . Earl A●gus dies bewitcht . His Character . Civil broyl● in Scotland to kill the Lord Thirslton by Gray , accused , of Treason also . He was banished . A Parliament , the King reconciles the Lords . And endeavours to do so by ●he Kirkmen , who refuse mediation . Borderers in ●●wd . Hunsdon Ambassador to Scotla●● ▪ Ambassadours about the mariage with Denmark . Jesuit● arrive in Scotland . Kirk-men insolent . Anno 1588. and in mutiny for Gibson . Gibsons ab●se of the King. He flies into England to the Schismaticks . Puritans of England . Martin , f. 780. Maxwell in Rebellion is pursued by the King. Maxwell fli●● . Ca●tles rendered . Taken Prisoner . Rumou● of the Spanish Navy . The Kings Speech . The Chancellors opinion . Bothwell perswades to invade England . Col. Semples false designs . is rescued by Huntley . who is dismissed the Court. Q. Elizabeths message . The narration of the Spanish Navy . The number of particulars . Officers . Their Design with Parma . The first approach . Anno 1589. Defeated by a S●ratagem , of fire ships . Several Shipwracks , Great Losses . prophecies . Scots Catholiques dis●ayed Huntly writes to Parma . So doth Arrol . And so do Huntley , Crawford and Maxwell , Catholique Lords Rebell . Design how to meet . Queen Elizabeth writes to the King. Proclamations against Jesuits who join with the Rebels . The King incourages his forces . Commission ▪ ers sent to ●etch the K. Bride from Denmark . Rebells submit , and are committed . Ministers make work . The King● design to meet his Queen in Norway . The cause and maner therof . with further direction● . What Lords shall govern and how . He maries the Queen . And goes forward to Denmark . Anno 1590. And returns to Scotland . The Queens Coronation by a Minister . E. of Arundel arraigned in England . Popes Bull. Condemned , & pardoned . English expedition to Portugal , land at the Groyne . Col●mella , & Pl●ni● . Navars title to France . Holy Leagu●rs Gui●es ●●r●hred . Henry 3. mur●hered . Justified by the Pope . Q. Elizabeth aids Nava● . Spain interessed . As●i●ts France with more money . 101560 , 071165 , 020000 , 033333. 226058. Crowns . And the Dutch. 125000. 260000. 385000. Florins . See after , She raises her Custom-Farm . She ballanc●●h her neighbour interests . The Assembly petition the King. His Answer and advice to suppress ●e●d● Huntley and Murray quarrel . Another of the Kers . Witches accuse Bothwel . who is committed to Prison and escapes . Archbish. of St. Andrews die● , and abused by the Ministery . Secretary Walsingham dies , his Character . And so does Randolph , 18. times Embassadour abroad . And the ● . of Shrewsbury●dies . An Epitaph . Irish Rebells . Essex expedition into France with 4000. Hackets horrible Tenents and Treasons . Mad-headed Hypocrites . Anno 1591. His disciples , apprehended , his blaspemy , and execution . puny Jesuits . Their Seminaries . Confirmed by the Pope . Bot●wels Treason to seize the King and Court. The manner the●eof . Fire the Q● . lodging● ▪ and 〈◊〉 Huntley and Murray fall into the mischief . The Sheriff killed . Anno 1592. Murray miserably slain . The cause of Murrays death put upon others . Murry lamented . Huntley is at Liberty . Uchiltry abused . The Chu●ch interfeers the State Affairs . And Articles , agreed . Bothwells other attempts at Faulkland , is defeated , and flies to England . Lindsey Lord Spinie is susspected , and becomes a companion of Bothwells . A love trick of a Woman . Faction against the Chancellour . Clanhattons against Huntly . Angus committed . Ker his Com●mission to Spain . Plots of Papists . The French King relieved by Q. Eliz. Turns Papist . Duke of Parma dies . The Queens message by L. Burroughs . The Kings Answer . the Ambassadours reply . Anno 1593. Church Assembly . Munday Market to be altered . Bothwel seises the King at Holy rood-house . And enforces Articles . The King complains of Bothwels insolencies . The Lords r●sent it , and send to him . Denounced Rebell . Proceedings against Popish Lords . by the Ministers . The King displeased with the Assembly . Their farther proceedings in Tumult . Commissioners to try the Popish Lords , and conclude these Articles . Maxwells and Johnstons fewds . The Kinds sad condition . Popish Lords come not in . Pr. Henry born in Feb. Lord Zowch Ambassadour from England and Ministers assist Bothwels attempt . and so do Arguile and Arrol . Anno 1594. The King pleads to the people after Sermon for assistance . Bothwel dissipated . Colvil Ambassadour to England complains of Zowch . The Queens ●nswer . Papists banished . Remonstrance of the Assembly against Papists . And the Remedies . The Solemnities of the Princes Baptism named Henry Fred●rick . At the Chaple , The King sends to England for money . Bothwel and the Popish Lords join in Rebellion . Arguile and Athol , against Huntley and Arrol . Arguile discomfited . The K. comes to the Good-speed , & they are banished . Bothwel flies into France , and dies at Naples some years after . Assemblie of the Church in Scotland . Answer the K. Articles . Anno 1595. Q. Anns Design to seize the Prince . The Kings letter to Mar. The Chancelor sick , and why . The Kings letter to him , full of grace . Chancellour dies , his character . The King assigns Commissioners of his Treasury Papists private plots . Devising sundry other Titles to both Crowns . of E. of Essex . Of Spains . P●actice to impoyson Q. Eliz. by Loper . Cullen , York , and Willians , and other fugitive tray●ors . Ant ▪ Perez infected Essex . Spanish de●ignes invasion of Scotland or England . Spaniards poo● successe ▪ upon England . Sr. W. Raleghs Guiana voyage and other attempts in the we●● Indies . Anno 1596. Armstrong taken prisoner in a treaty of the Borderers . Backlugh complains to the Lo. Scroop . Backlughs designe to take the Castle of Carlile . And frees Armstrong . Bows the Ambassador complains hereof . the Q●een offended . Backlugh commi●●ed . ●●bellion in the Orcades . Assemblies make things worse . Policie to call home the Popish Lords . Mr. Bruce an enemy to Huntley . The Popish Lords return home ▪ upon Conditions . Princess Elizabeth born August 16. 1596. Ministers make work The Coun●il of the Church and the Kings Councel confer . The King is offended with them . Their complaints . Which the K. answers . The Minister Blake his muteny and story . Blakes r●monstance . Blake brought to his Answer . The Ministsters factious courses The King by proclamation dissolves their Assembly . The Ministers Counterappose the King. The Commissioners of the Church petition the K. Is rejected . Articles against Blake . His answer . The King treats wit● them . Both part●e● bandie . A Dangerous tumult . The King and Council retire from danger . Proclaim . Mad preaching Their letter to Lord Hamelton to be Their head . Hamelton comes to the King. proceedings against those disorders . Citizens brought to submit . Is rejected . And humbly propose . Queen Elizabeths letter to the King. The King● merc● . The Octavians yield up their office . The Northern Ministers are Courted . Their answer The King writes to Huntley Twelve Articles from the King to the Assembly . Submitted unto in effect And all ends in content . Bishop 〈◊〉 death and ●haracter . The Netherlands called to account . 400001 per annum , in ten years , 4000001 dept . Iris●● rebells increasing . Norris goes over assistant Callis taken by the Spaniard . the English Navy . Publick form of prayer for success of the Navy . Take Cadiz Called Cales voyage . Digression how farr foreign titles preceed at home . In England . At Rome . Genoa . Venice and Scots . The Popish Lords submit to the Church Proclamation against Gaurdon a Jesuite . Barcklayes de sign discovered he drownes himself . Blake the Minister 〈◊〉 out of all . Excellent reformation in the Vniversity Witches discovered , Margaret Atkin 〈◊〉 Digresses concerning witches and witchcraft . Maintainers . Several Authors in this subject . Expedition of Earl of Essex to the Isles of Azores . Essex and Ralagh differ . Come home and quarel at Court. A Parliament at Edenburgh . Ministers voice in Parliament . Bruce refuseth imposition of hands . but at last is so admitted . The King sends Ambassadors to the German Princes . Their Answer . France craves aid of England against Spain , and comes to a Treaty . France and Spain dispute precedency , and make peace . Disputes of peace or war with England . Queen Elizabeth strikes Essex . His angry letters . 〈…〉 King of 〈◊〉 dies . One Squire impoysons the Queens saddle . Tomas fals●accusation of K. James to Q. Elizabeth . K. James his prudence to suppress false rumours . Ashfield surprized Prisoner to Barwick . Colvil Recants his treatise against the Kings title . The Kings Basilicon doron , the occasion of it in publick . The new year altered from 25. of March to 18. Ianuary . The state of Bishopricks at that time . Irish Rebellion with Tirone . Essex and Caecils Intelligence with King Iames. Caecil . Essex . Gowries conspiracie . See anno 1608. Court and ch● of King James pa● 8 Hist : Gr : Br : Pa : 12. Vide ante 1568. et 1582. Earl Gowry retires home . The manner of the conspiracie . 4. of August . Hendersons Examination and confession . Alexander treats with the King. The King takes to Henderson . Alexander 〈◊〉 with the King. The King cries Treason . John Ramsey comes up ; and Sir Thomas Erskin follows . Ramsey wounds Alexander . Henderson slips away . Earl Gowry comes up to the fray . Gowry astonished , is killed by Ramsey . Others hurt . The Lords and company come in . Gowries Spels of Enchantment . Two other brothers William and Patrick beyond seas . 1652. The Kings grace and preferment to all those Rescuers . The Tha●ksgiving day settled by Parliament . Hendersons confession of the whole matter . Testimouy of the Arch-biof St. Andrews . The Minist●rs refuse to give God thanks for the Kings delivery They are silenced . The King forewarned out of Italy of Poyson . Prince Charls born . The Life and Death of John Cragg Minister . Es●ex his Treason , His descent . He●r to his Father . His entrance into Court by the Earl of Leicester . His great ●●ferments . His contemporaries Sir Ch. Blunt and Gener●l Norris . Essex goes into Ireland , and lands at Dublin . His M●ssengers & Tr●ason● with Tyrone . Warrens confession . Woods confession Resolves how to return into England . And lands with a 100. Gentlemen . September . The Queen offended . He is committed , And censured . Consults of Treason with Cuff his Secretary . Blunt and Davis confession . Blunts confession . Their plot For the Tower For the Court And for the City Nevils confessions The day of Preparation February ● . He is sent for to the Council . Earl Rutlands confesion . The day of rebellion . Council sent to Essex house . Essex pretences . And Southhamptons . The multitude clamour . Secures the Counsel , and goes into the City . Earl Rutlands confe ssion Proclamed Traytor Earl Rutlands Confession . Forces oppose ●ssex . Encounter at the west end of Pauls , some slain . He returns home by water and is besieged by land and by water . Submits the same day . Essex executed . Southampton reprieved Blunt sent Deputy of Ireland Tyrone had friends in the English Court The Pop●s pardon to the R●bells . Anno 1601. George Carews service Spanish designes . Treat with English commissioners at Bulloine . Dispute precedencie and titles . Priority disputed . And defended for England Battel of Newport in Flanders . Prince Ma●rice his forces . Anno 1601. The Arch-Dukes forces . Battel . Anno 1600. 1601. The Danes deny the English to fi●h . Anno 1601. The King congratulates the defeat of Essex's Treason . The Queens Answer . Pope Clement his Bulls against Scotland . An Assembly . Davidson's Letter to them . He desires a new Translation of the Bible . 1601. The Duke of Lenox Ambassadour into France . From thence comes into England , and returns home . The siege of Ostend . Marshal Byron sent to the Queen , executed after . Iris● money abased , 160000. per annum . Spanish land in Ireland , are defeated , 24. December , and depart home . Ecclesiastick Papists at difference , Seculars set out the Jesuites in their Colours . Anno. 1602 Both are banished England . Geneve besieged , the peoples contribution of ●ony . The Isle Lewis reduced to the Kings Commands . The undertakers . Macklond flyes to Sea and takes Balcolmy . Mordock Executed . The new Planters beaten out of all . and again attempted , but to no purpose . Bruce the Minister his 〈◊〉 . Mowbrays intent to kill the King , He breaks his own neck . Anno 1601. The French Ambasladours in England . Delivers Letters to Cecil and discourses with him . Cecils answer . Anno 1602. The Kings answer to the Earl of Northumberland . Spaniards drove out of Ireland . Ter Oen submits to mercy . Charges of the Irish War in the four last years and a half . 1198717. l. 9. s. 1. d. The Queens ominous remove to Richmond in January , past hope of recovery . The Court custome . Counsellours come to her . Q. Elizabeth dies on a Thursday , so did her Father and all his children . Basilicon Doron . See Boltons Lectures , p. 13 , 14 , x 5. Answer to the Libell of England , p. 176 , 185. W●stonus in peroratione ad Academicos . Notes for div A62145-e138370 Dilemma in King James What to do in reference to his Inheritance in England . The King settles affairs in Scotland in Religion . Bacilic on doron . And ordering his Nobility . He preferred faithfull servants near his person . Bazilicon Doron , and disposing himself for his Succession . Q. Elizabeth not willing to publish her Successor . Notes for div A62145-e141470 Q. Elizabeth dies . King James proclamed , and Letters sent to him . Anno 1603. The King returns them thanks . Borderers executed . The King sets out for England . With his Lords . Howards . Caecil . At York met by the President of the North. A Notable P. esent . The grand Officers meet the King. Wiggen . Theobalds . Counsellors sworn , And Knights made . De moribus Germanorum . The dignity of a Knight . The King comes to Charter-house in London and creates Honors Barons created . Beaton Arch-Bishop of Glascow dies in France . Queen Ann sent for . Her desire to seize the Prince See 1595. pa. 183. The Garter sent to the King of Denmark . Sir Henry Wootton sent to Venice . The Pope and Senate at Variance . St : George's Feast ar Windsor . Order of the Garter . Of St : George's story . Earls created at Windsor . Hist. Gr. Brit. p. 7. Of Earls their dignity . Barons their dignity . The King & Q●een cr●wned at W●stminster in that 〈…〉 . Hist. Gr. Brit. p. 6. Coronation Oath . Knights of the Bath their manner of creation . Digression concerning Imperial Rule . Emperour , Spain . France , England . Charl●s cunning . Is made Emperour , But to little effect . He tacks about with England . Queen Mary . Queen Elizabeth . French interest and condition . Empire . Dane . Swede , Switz●rs . Italy . Muscovite . Spain the most Monarchall . King James Interest . Of the consequences of War and Conquests . Peace and the ●ff●cts . Of success in evil , and the consequence of good . Preface to the History of the World. Sir Walter Ralegh's Treason . Court and Character of King James , p. 31. Hist. Gr. Brit. p. 4. His birth and breeding . His Imployments . Occasion of his preferment . Envied in Cour● . His Preferments by the Queen . His Conspiracy and manner of Treason . Laurencie . His Arreignment at Winchester . His Inditement . June , 1603. Two parts . Brooks his confession . Cobham's confession . Cecils speech , Cobham's confessions . Laurencie's confession . Ralegh desires his Accusers to be present . Ralegh at first discovers Laurencie . Cobham singularis testis . Cobham's last Letter condemned Ralegh . Ralegh desires his Answers to be read . Tryalls of the ●●st . 1 Sam. 9. The Kings Letter of Reprieve for three of them . Court and Charact. p. 35. Hist. Great Brit. p. 4. Observations of the Tryall . Presbyterians perplez the King. Proclamation against them . Knox to the Cominaltie . fol. 49. Knox. apeal fol. 30. Knox. Hist. pag. 372. fol. 78. Buch. de jure . Regni . p● . 13. pa. 25. 38. 40. 62. 70. Buch d● jure Regni pa. 49. Knox. apeal fo . 26. Buch. de jure regni pa. 53. pag. 57. ibid. 57. ibid. 57. ibid. 57. ibid. 50. 57. Knox. Hist. pa. 504. Declar. B. 1. 2. Knox hist. p. 523. 527. Knox Instit ▪ 534. Declar. B. 2. Epistol . 79. Declar. B. 3. B. Act Parliament . Cap. 4. Declar. B. 3. Declar. 1582. Parl. 1584. Ca. 7. Declar. 1585. Cap. 2. 3. 4. 8. Conference at Hampton-Court . See Confer . at Hampton-Court . The Kings private Demands . Confirmation . Absolution . Opponents . Doctrine . Answer . 1. Elizabeth . Falling from grace . Licensed Ministers . Confirmation . Opponent . Answer . Opponent . Catechism . Answer . Opponent . Translation of the Bible . Opponent . Answe● . Opponent . Answered . Subscription . Opponent . Answer . Opponent . Answer . Surplice ▪ Opponent . Answer . Of M●t●imony . Opponent . Discipline . Opponent . Answer . 1 Cor. 14. Acts 11. Answer . High Commission . Ex officio . Opponent . Answerr Opponent . Answer . Proclamation for Uniformity . Against Jesuits . Presbyters displeased . Hist. Gr. Brit. p. 10. Arch Bishop Whitgift dies . The Translation of the Scriptures . Gen. 19. Isay 29. Psalm 48. Psalms translated . Catechizing commended . Hist. of the World. pag. 249. Gowries aniversarie day celebrated . See 1600. & 1608. Hist. gr . Br. pa. 12. Comotion of some Commoners . Parliaments beginnings . Jury were Judges , so Lilburn pleaded . Parliament of King and Barons onely . The Commons taken into Parliament . Of the Parliament of England . The writ to summon the Peers . The writ to summon the Knights and Burgesses . Oath of Alleageance . Of Supremacy . Ecclesiastical matters . Lords Privileges . Lower House . Harmony of all . King , Queen , and Prince ride in triumph . First Session of Parliament . The Kings speech in Parliament abreviated . 2 , 3. Peace and Unity in Religion and Manners . Union with Scotland intended . Ambassadours for Peace . Co : and ch : pa. Proclamation to conformity in Church-discipline . Assembly of the Church in Scotland in spite of the King. Hist. Gr. Brit. p. 27. The Kings second Son Charls created Duke of York . Pouder Treason . Pouder Treason the story . Anno 1605. Fauks his Conf●ssion of the Design . Th. Winter's Confession of the Plot , discovery and success . The story p●t together in brief . Second Session of Parliament . Three intire subsidies and six fifteens . Several Acts. The effect of the Oath of Alleageance . Taken by Papists . The Popes Bull against the Oath . The Kings Apologie and Preface to take the oath . Justified by forein Princes . Jesuits divide the English into four sects . Their opinion refuted . See before anno pa. 1542. pa. 9 And Imprisonment as bad . Best Counsel , to convince them by Preaching . Anno 1606. Leptons 〈◊〉 to York 〈◊〉 back . King of D●●mark land● 〈◊〉 Graves-end . Princes for●●●● their liberties by coming into another Kingdom without leave . The Earls of Northumberland and other Lords confederates in the Pouder Treason are committed . Of the Star-Chamber beginning and ending . The Letter . Anno 1607. The union argued . The Kings Speech in answer to their Arguments . Post-nati confirmed . H. G. B● . pag : 41. Judg Nichols his true justice . G●ntry flock to London . Proclamation in restraint of new buildings unless of Brick . Anno 1608. Hist. Gr. B●it . p. 49. L. Treasurer Dorset dies . George Sp●ot a Conspirator with Gowry , his story and execution . His Co●fessions . His Trial. Restalrig's Letter to Gowry , and after the Treason . Other Letters to Gowry . as also his 〈…〉 Confesseth the Indictment . Jurors names . Verdict . Sentenced as a Traitor . Executed . A marvellous sign of guilt . Abbot Bishop of Canterbury being present . History of the Church of Scotland , p. 509. The Kings disbursments already . 60000 l. 19000. 17428. 11000. 107428. The Scotish Secretary Balmerino's treacherous Letter to the Pope . The occasion . 1609. He is sent p●isoner to be tryed in Scotland . His indictment . His confession , And sentence . Anno 1609. Is reprieved and dies . King James a mercifull Prince , and restores his son in blood . And he a traytor also to King Charles is also pardoned . And proves an ungratefull wretch to his blessed Master . The Bishops in Scotland inlarged their power . Scots Bishops consecrated in England , Who ordain others at home Council Table ordered . The Earl of Orkney committed . High commission-Court . The Session seek for grievances . Hist , G● . B● . ubique . The Kings Speech to both Houses : Of his Government . Common Law and Civil . Prohibiti●●● 2. Grievanc●● how to present them . Not to meddle with his Office. High Commission . 3. The cause of calling the Parliament . The quality how to give . The quantity . His expences . Reasons for his liberality . Conclusion . 1. Religion The Common-wealth . Procl●mation against ●ncrease of buildings about London . Truce between Spain and the Netherlands . Siege of Juliers . Duke of Guelders and Juliers , &c. his descent , & last of the race . The Netherlands sometime subjects to Spain . Henry the fourth King of France stab'd . 60000 l. Parliament dissolved . Henry created Prince of Wales , their dignities . See before Knights Bachelors Anno 1603. Ayd mony . H. Gr. Br. pa. 52. False suggestions to be impoysoned . Court , and ch . of King James pa. 84. Hist Gr. Br. pa. 52. Nearer Intention for Prince Henry to match with Spain . See after anno 1624. Papists persecuted by Pens . Chelsey Coledge founded and why ? H. Gr. Br. pa. 53. The Kings favorite Mountgomery . Hist. Gr. Brit. p. 54. See 1612. Masks and Comedies at Court. H. G. Br. pa. 54. Discussed . Our Adversary a Poet and play-maker . Contribution-money . 111046. l Suttons Hospitall founded . Absurd Excommunication and unchristian in Scotland . The three Earls revolt . So was Padie Paulo Popis●ly excommunicated . Earl of Eglington illegally adopts an Heir to his Honors . Arminius & Vorstius their Heresies . Vorstius his blasphemous Books . The Kings message to the States . Arminius . The States Answer . Further accusations . And proceedings therein . Bookes of Vorstius Heresies . The King writes again against them all . Vorstius is preferred Professor of Divinity . Sir R. Winwoods speech concerning Vorstius . His Tenen●s Pag. 210 , 212. 232 ▪ 237. 308. 441. 271. Pa. 38. 43. Cap. 16. Pa. 999. Conclusion , And Protestation . States Answer . The Kings Declaration against Vorstius . See more in the Kings works . And against his Bookes . Legat and Whithman burnt for Her●sie . Legats Heresies . Whitemans Heresies . Adamites Incests . Wald●nses ●in 〈◊〉 . Anno 1612. I may be c●nsured by some . Robert Carr a favorite . Hist. Gr. Br. pa. 55. Queen Mary of Scotland her corps inte●red at Westminster Anno 1586. Hist Gr. Br. pa. 62. Prince Palatine a suitor to Princess Elizabeth . Prince Henryes sickness and death vindicated . Hist Gr. Br. pa. 72. Lunary Rainbow , His Corps viewed . Interred at Westminster . His character . False suspition of poyson . Hist. G. Br. pa. 64. Prince Palatine m●ried to P●inc●ss Elizabeth . ●a . 65. Sanquair a Scotish Baron hanged for murther . Treasurer Salisbury dies . His Fat●ers descent , And preferments . Earl of Salisburies preferments . His Merits . Court and ch . King James pa. 12 , 13. Hist. Gr. Br. pa. .76 ▪ Court of Wards how erected and established . Court of Wards how erected and established . His Offices disposed to others . Suffolk Lord Treasurer , Rochester Chamberlain , Sir W. Cope Master of the Wards , and the Favourite made Secretary . Sir T. Overbury his story . A Friend to Rochester . D●sign'd Ambassadour , Refuses to go . The King wants money . Sir Arthur Ingram . Court and Ch. pag. 87. E. of Essex and his Countess , Car and Overbury their stories intermixt . Lady Rich divorced . Hist. Gr. Br. pag. 68. Anno 1613 Hist. Gr. Brit. p. 69. ● . of Suffolk petitions for his daughters divorce . Delegates in commis●ion . The Countesses Libell against her husband . Essex's answer . She is to be insp●cted by Ladies . who repute her a Virgin , and so do seven more ●adies . Sentence of Nullity , Signed by sufficient men . Arch-bishop Abbots Arguments against the Nullity . Answered . The Countess marries Somersct . H. Gr. Br. p. 72 Hist. Na● . ch . 28. Overburie designed to be de●troyed . Earl Northampton dies . His preferments to honour . Against Du●lls . Rebellion in Orkney . The Earl convicted , and executed , his descent . Oglevy a Jesuit , his Examinations . Plantations in America . Hist. gr . Br. p. 75. Cabot . Virginia . New England . Elizabeths Isles . Nova Francia . Baronets created . Hist. gr . Br. p. 76. Court & Ch. King James , pag. 12. The Kings want of moneys , and the reason . Expence of the Princess Elizabeths marriage . L. Hay Master of the Wardrobe . L. Harington . 93294. l. Propositions of Retrenchments of Honoraries . Houshold . The King restrains his former bounties . A Benevolence Hist. gr . Br. p. 78. Hist. gr . Br. p. 78. S●ar-chamber . Pawn of Jewels , and customs . Privy S●als . Mulct upon commodities . To wait on the Kings service . Ingross Trade , and license . By raising rates . Customs to Farm. Sale of Offices , and Honors . Earls . Baronets . By Coin and Bullion . Exchange . Coinage . Farthings . By Parliaments . Merchants made friends . King of Denmarks second Arrival . Overburies death discovered . Somersets arreignment . The manner of arreigning Peers of this Realm . Anno 1616. The Case pleaded . The Countess arreigned , and both of them condemned , reprieved , and after pardoned . See the Preface , Court and Charact. King James . Hist. Gr. Brit. p. 83. Somerset's Letter to the King. Cabala , p. 1. Sir W. Elvish . Sir Lewis Tresham . Lady Arabella's marriage with Seymer . Hist. Gr. Br. p. 90. The Case of the Kings right to Commendams . Sir Fr : Bacon . The ' King & Judges meet , and examine ; their Letter . Spain and France cross Mariage with Savoy . K. James congratulates their Nuptials by Lord Hay . Lord Hay his Birth and breding . Ambassadour ▪ into France . Hist. Gr. Brie . p. 92. L. Ross sent into Spain . Sir H. Rich Baron of Ken sington , his birth and breding . Court & Ch : p. 125. Lex terrae , what ? Cancelaria , what ? Authority in Judging . Sir F. Bacon succeeds chancelour . Co. & ch . pa. 126. Sir Th : Lake hisstory . Anno 1617. Bishop of Spalato com●s into Englan● , flies back again and 〈◊〉 miserable . Marquess D' Ancre murdered in France . Q. Mother flies out of France . The King's journey into Scotland . Hist. Gr. Br. p. 104. The Kings Speech in the Parliament of Scotland . First Article for the Kings Prerogative . Five Articl●s proposed by the King. Produces a Petition . The King returns . Simson released . G Villiers ● Favourite , Duke of Buckingham his story , De●cent . Court & Ch. K. James , Villiers sudden great pre●erments . Court and Character of King James pa. 3 sorts of Noble women . Occasion of the allhwance of harmless pastimes . The death of Talbot E. of Shrewsbury . Sir Walter Raleigh rsleased ou● of the Tower. His voyage to Guiana . French Ambassadour his Friend . His Commission and Expedition . Hist. gr . Br. pa. 115. T●ey return , and he in custody of Stukely committed to the Tower. and questioned at the K. Bench-Bar , and ●xecuted . Hist. gr . Br. p● . 216. Discourse co●c●rning his Design . Hist. gr . Br. pa. 116. Anno 1618. Hist. Gr. Br. p. 117. 4 Earls created for mony . A monstrou● murther in Cornwal . Barnevelt his design fitted for Rebellion , By faction of Arminianism . The Prince of Orange his Opposite . Dort Synod resolves against Arm●nianism . Of Synods and Councils their initiation . Luthers story Zwinglius Exploded by the diet at Worms . And at the Diet at Noremburgh . Council at Trent resolvved upon . Council of Trent began 1545. The effects of War from the Blazing-star . Heresies increase , Opinions prophetical . Opposers of them . Q. Ann dies , Her character . Hist. Gr. Br. p. 54. & 129. Kirk of Scotland . The K. lette●s to them . Five Articles of Perth . 1. Kneeling at the Sacrament . 2. Private communion . 3. Private Baptism . 4. Confirmation of children . 5. Festival daies . Of Excommunication . Of Bohemia , and the occasion of the Palsgrave accepting that Crown . Ferdinands undue practices to be Ki●g . Protestant Princes ●ee● redress . Emperour in arms also . Their grievances . Kings Election and Succ●ssion distinguished . Mathias dies , Ferdinand succeeds Emperour . Anno 1619. King Jame● how concerned . Palsgrave elected King of Bohemia . Arch-bishop Abbats Letter to Nauton . and Crowned Embassadours sent from England to the Emperor . Palsgrave proscribed . War on both sides . Spinola raises Forces in Flanders , So does Oxford and ●ss●x in England . Hist. gr . B● . pa. 135. Their march and action in the expedition . Convoid by Hen. of Nassaw . Joyn with the Princes of the Union . Anno 1620 The Emperours General Bucquoy , Anholt for Bohemia . Is defeated and flyes with the K. and Q The Prin●es submit to the Emperour . Sir Henry Wootton Ambassador e●traordinary into G●rm●ny . Duke of Lovain . 〈…〉 Community of Strasburgh , and Ulme . Duke of Wittenburgh . And to the Duke of Bavaria . Without success from any of them . Resolves ●pon a Parliament and Match with Spain . A Parliament called . Hist. gr . Br. pa. 150. Hist. Gr. Br. p 144. Buckingham made M●rqu●sse ▪ and Master of the Horse . The Dignity of a Marquess . Montague Viscount Mandevile , L. Treasur●r . Hist. Gr. Br. p. 152. his falsities . Design against Pirates in the Mediterranean Sea. Some of them offer submission . Sir Robert Mans●l sent to surprize them . K. Speech to the Par●ia● . It seems so by ours lately not long lasting . Hist. Gr. Br. will have it 60000. l. Anno 1621. Digby Extraordinary Ambassadour to the Emperor . Sir Lionel Cranfield I ▪ Treasurer . Co. and ch p. 87. Anno 1620. Petition against the multitude of titles of Honour . Hist. Gr. Br. p 189. Petitions against Gri●vances . Hist. gr . Br. pa. 135. The Kings Speech to the Lords . Anno 1621. Co. & Ch. p. 156. Hist. gr . Br. pa. 158. Yelvertons L●tte● to Buckingham . Michel censured . and Mompesson , His character . Co. & Ch. p. 126. Hist. G● . B● . p. 159. Dr. Williams succeeds to be Lord keeper . Co. & ch . pa. 139. Reign of K. Charl●s , page 128. Dignity of the Earl Marshal ▪ of England . L. Keeper his Character . The King retires to New Ma●ket in discont●nt . Hist. gr . B● . pa. 172. K. letter to the Speaker . The Parliaments petition to the King. The Kings Mess●ge by Secretary Calvert . The K. Letter to Secretary Calvert . The Kings Letter to the Speaker . The Parliam . return thanks and petition . The Parliaments Protestation , Dissolved by Proclamation Oxford and Southampton committed . Hist. Gr. Br. p. 190 , 191 , 192. A design for their Release . Oxford supplicates Bu●kingham . Busie bodies severally humoured . Hist. ●r . Br. p 190 , 191 , 192. Of Libels . The Kinghts Templers . Massacre of the English in Virginia . Digby sent to Spain to treat in the Match . Hist. Gr. Br. p. 193. Arch-bishop Abbot kills his Keeper . Ministers ordered in preaching . Anno 1622. By 6 Artic●es The misbehaviours of the Pulpit . Catechising again commanded . Hist. Gr. Br. p. 201. Papist and Puritan coupled . Regians and Republicans , page 202. A modest defence . Calumnies against the K. Spanish match goes on . Hist. Gr. Br. p. 203. Digby ordered by Letters how to proce●d . Digby is faulty Second Letters peremptory . Reign of K. Charls p 3 , 4. Digby made Earl of Bristol . Hist. Gr. Br. p. 212. An Order of Religion , bare ●ooted . Princes jo●●ney to Spain . General Pardon proclamed . His entry in Triumph . The Queen is visited . The Complement . Rich Presents to the Prince . Triumphant Fire-Works . Takes the Ring in presence of his Mistress . Buckingham created Duke . Hist. Gr. Br. p. 230. The Pope writes to the Prince . His Answer Hist. Gr. Br. p. 234 ▪ Dispensation ▪ is come , and Articles ●igned there . Hist. Gr. Br. p. 236. and here . Hist. Gr. Br. p. 238 , 239. 240. Anno 1623. Those Articles returned and signe●● The Prince resolves his return . The two Favorites quarrel . Olivares character . Buckingham comes away . The Princes parting Presents . Escurial . Hunt a Stag by the way . Their parting Complements The pillar of Parting . Danger to be drowned . The Strorm . Mr. Clark returns to Madrid . Bristol is to forbear the Espousals . Prince lands , October 5. A Parliament designed in February following . Bristol hath Audience . Duke of Richmond dies suddenly . Hist. Gr. Br. p. 258. The K. speech in Parliament . The L. Keepers short complement . Hist. Gr. Br. p. 262. Buckinghams D●claration to both Houses . Hist. Gr. Br. p. 264. Parliaments advice . The Kings Speech . His Necessities . Anno 1624. Council of War. Spanish Ambassadour accuses the Duke of Treason . Co. & C● . K. James p 150. Hist. Gr. Br. p. 278. The Truth of the Story . See before pa. 74. Sea before anno 1571. Bristol●return Hist. Gr. Br. p. 272. Co. & Ch. p. 163. Petition of both Houses against Papists . The Kings Answer . Hist. Gr. Br. P. 275. The Princes Mariage with France , treated by the L. Kensington . Madames Character . France how affected . His Resentment . Count Soissons a Pretender to Madame , Encounte●s a quarrel with Kensington . Cabinet ●unto . The Earl of Carsile comes over Commissioner , and treat . Hist. Gr. Br. p. 178. L. Treasurer Cranfield questioned in Parliament . Co. & ●ch . p. 166. Hist. Gr. Br. p. 278. Mr. Prin , &c. Hist. Gr. Br. p. 279. The late Treasurers more useful than others better born . Digression . Apprentiship is no bondage Cruelty of the Dutch in Amboyna . Parliament design for war and raise four Regiments . Land in Holland . and join with the P. of Orange against Spinola . Who besieges Breda . Maurice encamps at Mede Breda sometime the D. of Brabant . Pleasant scituation . Arch-duchess Governess of Flanders . The condition & strength of Breda . Justin Nassaw Governor . The siege begins 26. Aug. Provisions from several places . Sally out of the Town , & ill success . Prince of Poland comes to Spinola . Spinola takes in Ousterholt . Combating between each Camp. Bryante against Count John of Nassaw . Anno 1625. Bryante killed Steenhius hurt . All retire . Bouteville against Beauvoix . Anno 1624. Design to surprize the Castle of Antwerp . Mis●eport of it at the Camp. A second Design . Enterprize by Boats to relieve Breda . Spinola's prevention . Design to draw neer Spinola . Anno 1625. Anno 1624. With six Regiments and two Troops . Hist. Gr. Br. p. 283. Spinola procures fresh Forces , and makes double larger Trenches . Anno 1625. Mans●●'d desires passage to the Palatinate . Breda's holy day . P. Maurice dies , Apr. 1625 P. Henry Generalissimo . ● . of Oxfords Enterprize upon Terhelda . Marquess Hameltons sudden death . Hist. Gr. Br. p. 285. K. James dies March 27. 1655. His sickness and disease . Co. & Ch. p. 174. Hist. Gr. Br. p. 287. Egglesham his scurrilous ●●●●phlet . Anno 1624. Hist. ●r . Br. p. 287. See before of the Kings sickness and death . Anno 1625. Boltons Lectures , pa. 15 , 16 , &c. Advancement of Learning , page 2. 
A67914	----	The decisions of the Lords of council & session in the most important cases debate before them with the acts of sederunt as also, an alphabetical compend of the decisions : with an index of the acts of sederunt, and the pursuers and defenders names, from June 1661 to July 1681 / Sir James Dalrymple ... Scotland. Court of Session. 1683 Approx. 3096 KB of XML-encoded text transcribed from 417 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). A67914 Wing S5175 ESTC R1208 12181993 ocm 12181993 55692 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A67914) Transcribed from: (Early English Books Online ; image set 55692) Images scanned from microfilm: (Early English books, 1641-1700 ; 879:2 or 879:3) The decisions of the Lords of council & session in the most important cases debate before them with the acts of sederunt as also, an alphabetical compend of the decisions : with an index of the acts of sederunt, and the pursuers and defenders names, from June 1661 to July 1681 / Sir James Dalrymple ... Scotland. Court of Session. Stair, James Dalrymple, Viscount of, 1619-1695. 2 v. ([12], 769, [15], 40; [4], 896, [12], 49 p.) Printed by the heir of Andrew Anderson ..., Edinburgh : 1683. Reproduction of original in Huntington Library. Index at end of both parts. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng Scotland. -- Court of Session. Law reports, digests, etc. -- Scotland. Civil procedure -- Scotland. 2000-00 TCP Assigned for keying and markup 2002-01 Aptara Keyed and coded from ProQuest page images 2002-04 TCP Staff (Michigan) Sampled and proofread 2002-10 Aptara Rekeyed and resubmitted 2002-11 Mona Logarbo Sampled and proofread 2002-11 Mona Logarbo Text and markup reviewed and edited 2002-12 pfs Batch review (QC) and XML conversion THE DECISIONS OF THE LORDS OF COUNCIL & SESSION , In the most Important Cases Debate before them , With the ACTS OF SEDERUNT . AS ALSO , An Alphabetical Compend of the Decisions ; With an Index of the Acts of Sederunt , and the Pursuers and Defenders Names . From June 1661. to July 1681. PART FIRST , &c. OBSERVED BY Sir JAMES DALRYMPLE of Stair , Knight and Baronet , &c. EDINBVRGH , Printed by the Heir of Andrew Anderson , Printer to His most Sacred Majesty , Anno DOM. 1683. Unto the Right Honourable GEORGE EARLE of ABERDEEN &c. Lord High Chancellour of SCOTLAND . Sir David Falconer of Nevvtoun , Lord President of the Session . Sir George Mckenzie of Tarbet , Lord Clerk-Register . Sir Iames Foulis of Collingtoun . Sir Iohn Lockhart of Casslehill . Sir David Balfour of Forret . Sir Iames Foulis of Reidfoord . Sir Alexr . Seton of Pitmedden . Sir Roger Hogg of Harcarse . Sir Andrew Birnie of Saline . Sir Patrick Ogilvie of Boyn . Sir Iohn Murray of Drumcairn . Sir George Nicolson of Kemnay . Iohn Wauchop of Edmistoun . Sir Thomas Steuart of Blair . Sir Patrick Lyon of Carse . SENATORS of the COLLEDGE of JUSTICE , and Ordinar LORDS of COUNCIL and SESSION . WILLIAM Marquess of Queensberry &c. Lord high Thesaurer of SCOTLAND . IOHN Marquess of Athol &c. Lord Privy Seal , and Vice-Admiral of SCOTLAND . ALEXANDER Earl of Murray &c. Conjunct-Secretary of State. IAMES Earl of Pearth &c. Lord Justice-General , Extraordinar LORDS of the SESSION . My Lords , MY Duty and Affection obliges me to Dedicate these Acts and Decisions to your Lordships , because they are your own ; I have only been your Servant in Observing and Collecting them , and am confident , they will serve for the Illustration and Vindication of your Justice , and Faithfulness in your Service to the King and Kingdom , to whom it cannot but be highly acceptable and satisfying to see , that in so long a tract of time , you have kept so steady and equal a course in the Administration of Justice with 〈…〉 . It hath been looked upon as the priviledge of Judges● to bring in Causes to be determined , in what order they thought fit , which gave occasion of great Reverence to , and dependence upon them , and of gratifications to their Friends , but your Lordships having found so much inconveniency to the Subjects , by their tedious , expensive , and uncertain attendence , unavoidable in that way , you did therefore willingly , and of your proper motion quite that Priviledge , and ordered that all men should have dispatch in Justice , as their own diligence put them in readiness to demand it , without pretence of complaint for being postponed or delayed ; and you gave the rise for interposing the Authority of Parliament to that Order , which could not but avoid the suspition of inequality , which did occur , while every Judge in his course , did choise at discretion what Causes to hear , which were readily supposed to be these of his Friends and Relations . As your Lordships have been equal in the Order , so these Decisions will show that you have been impartial in the matter of Justice , and it will appear that you have followed the same uniform Course of Justice , otherwise it had been impossible for you to quadrat with your selves , if you had followed any other Rule ; for if personal Interest had great influence , it could not fail but the same case , would have been diversly determined amongst different Parties : The way of Truth and Justice is one , and never crosseth or just●eth with it self ; but the way of Error and Partiality is infinite , and can never be long consonant , and the pretence of varying upon differences in the cases will easily be perceived , when these are not the true motives of Variation , nor can the greatest caution keep former Cases so in memory , as not to fall in flat contradictions in some length of time , when Justice is not the Rule ; It was no wonder that inconsistencies did occur , when former Decisions were but little known , and were only Transmitted by uncertain Tradition , from the memory of Judges or Advocats , where a constant Custom was not introduced ; but in circumstantiat Cases , all the points of Fact , could not be so preserved , but Pleaders would differ about them , and controvert whether the difference were so material as to be the just motives of alteration ; and if they should have recourse to Records , they could thence have little remedy , seing many eminent Decisions came to be Transacted before any Act or Decreet thereupon were Recorded , and though they were , yet the Motives upon which the Lords did proceed were seldom decernable in the mass of Disputes . The contrarieties that are remarked by the judicious and industrious Lord Dury ( who did serve and observe about the same length of time that I have done ) are the more excuseable , that before his time the Decisions of Session were not much marked , and but in few hands , yea it was a long time before the Decisions observed by Dury , were become common , and were cited by Pleaders , or noticed by Judges . It is impossible to evite the clamours of Parties coming short of their expectation , when they are in heat and fervency carrying on their Cause , and when they have heard the Wit and Eloquence of their Advocats , endeavouring to make their Case , if not evidently just , at least probably such ; but when that fervour is cooled , upon second Thoughts , re-considering the Motives upon which the Lords proceeded , if they see that they Decided not otherwise upon the same Grounds , they cannot be so far wanting to their own quiet , as not to acquiesce and rest satisfied , considering that their first Thoughts were in fervour , and at best , were but the Conceptions of Parties , whose interest hath a secret influence to byass their first Apprehensions , they could not but be convinced that the private and particular opinion of Parties interressed , should quietly cede to the Judgment of so many learned and experienced Judges , having no other concernment in the event of the Cause , but that Justice might be inviolable , and that no pernicious or dangerous preparative might be laid , to the common detriment of all , and who by all the obligations whereof men are capable , towards God , their Prince , Countrey and Posterity , are engaged to be careful and tender of Justice . It is the great interest of Mankind , that every man should not be Judge in his own Cause , but that there should be indifferent Judges , of good report , men of courage , fearing God , and hating covetousness , who might hear and determine the Controversies of Parties , which necessarly doth imply , that either Party should acquiesce in the publick judgment of Authority . It is amongst the greatest interests of Mankind , that they may securely enjoy their Rights and Possessions , being free from fear to be over-reached , or oppressed , without remedy ; which can not be attained , unless their Rights be lodged in the hands of just and judicious Judges , wherein at first they could have little more to rest on , but the Reputation that their Judges were such , nor could the Judges then have any other Rule then bonum & equum , according to the discretion of good men , and therefor did differ little from Arbiters , until they came to have fixed Customs and Statutes , clear and known , which could not come the length of a sufficient Rule for all Cases , for there will ever be new Cases occurring ; and therefore the best expedient to give this most desireable Security , is , to show that Judges do alwayes proceed suitably to themselves without interfeiring ; and that they make not Law like the Delphick Sword , bowing or bending to the several Parties , but as a firm and stable Rule , which will ply to no obliquity , but whatever must be regulate by it , must be applyed to it , and be straight like it , and so quadrat one to another , which can be no way better known , than by the publishing and comparing of Decisions , whereby it may be seen , that like Cases have like events , and that there is no respect of persons in Judgment ; all men cannot be Lawers , nor can the most part have discretion enough to understand aequum & bonum ; yet few will be found to want capacity to compare Decisions , and so perceive if they be congruous and uniform , and if they find them such , they may easily be perswaded , that their uniformity could be by no other Rule than Law , and Justice . It is no small prejudice to any Nation , to make them believe or suspect that their Rights are not secured in just hands , for that overturns their quiet and security . The most part will never have a Pursuit determined against them , and far fewer will find themselves worsted by personal considerations , But no man can say but he may , and most do fear that they shall be involved in Law Suits , and if they be not perswaded to find a sure Remedy by just and knowing Iudges , then all is unsecure and disquieted , so that it is more the advantage of a Nation that their Judges were but reputed just , though they were not , then that they were just , yet were reputed unjust , for this Case toucheth and grieveth all , whereas the former can reach but a few . King Iames the fifth , who Institute the Colledge of Justice , Ordered one of the Lords to keep a Journal of their Decisions , with which Henry Sinclar Dean of Rastalrig was entrusted , and did observe the same for the space of ten years , as Maitland , Hadingtoun , Hope , Balfour , Spotswood , Dury , and several others since have done ; And after Our Sacred Soveraign who now Reigns , did Restore the Colledge of Justice to it 's ancient Constitution and Splendor , and did make a full Nomination of the Senators thereof ; and Call most of the Eminent Advocats to the Bench , so that after a long interruption , the Session was almost wholly new , therefor it was very necessary that their Decisions should be Observed , which induced me ( being one of that Nomination ) to undertake that Task , which I did constantly follow , making up this Journal of all the Decisions that had any thing of difficulty or importance in them , which I did design to leave behind me , as a Token of my most devoted affection to that excellent Society , The Colledge of Iustice , in which , with much satisfaction I spent the far greatest part of my Life , and was very happy in the mutual affection of my Colligues , both while I was at the Bar , and on the Bench , yet the weight of the Charge I did bear , ( which in a few years sunk my Predecessor Sir Iohn Gilmour , though a man of great strength of Body and Spirit , when he undertook that Office ) made me consider , that it was fit for me , before Age or Infirmity should make that burden more uneasie , to have some remnant of my Life , of which I might be Master , without Diversion , for which some of your Lordships and others knew my Resolution to retire long agoe ; and therefore I did propose to your Lordships the publishing of these Decisions wherein I have your allowance and approbation . I shall need to say nothing as to these Decisions in behalf of your Lordships , I hope the Matter will speak more for your Honour , than to need any thing further from me ; I might say great things of that Judicature , and of your selves particularly , but I shall forbear , least any should think it might look like flattery , and therefore shall only add a little for my self . I did not pick out such Decisions as I liked best , leaving out others which might have showen contrariety ; nor did I express my opinion when different from the plurality , but I had ever that Deference to your Judgement , that I did not omit any thing that was said for it , much less did I magnifie my own opinion against it , though I cannot say that I did oft differ from it . I did form this Breviat of these Decisions , in fresh and recent Memory , de die in diem as they were pronunced ; I seldom eat , before I Observed the Interlocutors I judged of difficulty , that past that day , and when I was hindered by any extraordinary occasion , I delayed no longer then that was over . It was neither feazable nor fit that I should set down the large Pleadings , or the Written Informations of Parties , I did peruse them throughly , and pitched upon the Reasons which were of moment , as to the points determined , whereas in the same Informations , there were many obvious clear Points insisted on , which I omitted . I did alwayes relate the Case as it was proposed or resumed to the Lords , and with the important Reasons offered by Parties , I added these which occurred to the Lords in their Deliberations ; so that all the Reasons and Motives upon which the Lords proceeded , will neither be found in Parties Informations , nor Clerks Minuts , for though it was not fit for the Lords to suggest any Point of Fact not alleadged by Parties : Yet it was most proper for them to supply the Points of Law arising from the Fact proposed . And in such a Breviat it is not to be expected that I should at large set down the Elegant and Eloquent Disputes of the Lawers , but that I should express the Matter and Moment of their Reasons , with the greatest plainness and equality that I could . It is like , some of my Colligues may have observed other Cases than these , and in these , may have worded Interlocutors otherwise , and adduced some other Reasons , which cannot at all weaken the Credit of these , for some Decisions were past when I kept my Course in the Outter-House , and others were Reported long after the Informations were given , which might escape me , and many I thought of no such intricacy or importance , as made them fit to be published , but I do with all sincerity and confidence assert , that I did omit none I found of difficulty , upon any design to cover inconsistencies , or any other end of that kind , nor is it of import what the words were , if the Matter were truly exprest ; for no Observer did ever look into the Clerks Minuts , and different Observers will not alwayes have the same Opinion of the importance of Reasons , nor will find themselves obliged to adduce all the Reasons proposed : Neither have I Recorded any Decisions but what was determined while I was present , being resolved to take nothing at a second hand . These Decisions were Written with many different hands , but all of them were then in my Family , and some of them understood not the Matter , by which , and the haste I was forced oftimes to put them to , there was much uncorrect , but I did expect that I might have been present , and have overseen the Press my self ; I began to cause Transcribe them with a better hand , and did consider whether it were not fit to amplifie and embellish the Disputes so , as might have been expected from so pregnant and eloquent Pleaders , as our time hath afforded , who have been nothing short of their Predecessors , but I thought that this would look too like a new Frame from my own Fancy or Memory , after so long a time , and therefore I resolved they should be keept as they were at first Written , and if so they prove uniform , as it will be a great evidence of your Lordships Justice , so it will be a strong proof that they are sincere and authentick , having been Written on the several Sederunt dayes , for more then twenty years together ; and therefore I do int●eat the favour , that what is uncorrect may be excused and supplied from the Matter . I had the best opportunity to make these Observations , being scarce a day absent in any of these Sessions wherein I have marked them from the first of Iune 1661. until the first of August 1681. And I was not one day absent from the thirteenth of Ian●ary 1671. when it pleased His Majesty to appoint me to be constant President of the Session in place of my Lord Craigmiller , who had then demitted , except the Summer Session 1679. when I attended His Majesty by His own Command , during all which time , I hope your Lordships will bear me Witness that I never used Arrogance or Insolence , or the least reproachful or bitter expression against any of the number ; and I do with great thankfulness acknowledge that I could not have expected more kindness and respect than I found from your Lordships , which made me in gratitude take this Opportunity to testifie the Honour and Value I have for that honourable Society , and that I am in great sincerity , LEYDEN October 30. November 9. 1683. My Lords , Your Lordships most humble Servant , IA : DALRYMPLE . His Majesties Gift and Priviledge to Sir Iames Dalrymple of Stair , for Printing his Institutions , the Acts of Sederunt , and Decisions of the Lords of Session . CHARLES , by the grace of God , King of Great-Britain , France and Ireland , Defender of the Faith , To all and sundry Our Leidges and Subjects whom it effeirs , to whose knowledge these Presents shall come , Greeting : Forasmuch as Our Trustie and welbeloved Counsellor , Sir James Dalrymple of Stair , President of Our Session , hath Observed and Written the Acts and Decisions of the Lords of Our Session , since Our happie Restauration to this time : and hath also Written the Institutions of the Law of that Our ancient Kingdom of Scotland . And We being well satisfied with his pains and diligence therien , and knowing his long experience and knowledge of the Laws and Customs of that Our Kingdom , and his constant affection and faithfulness to Vs ; and being confident of the great benefit may arise to all Our Subjects of that Our ancient Kingdom , by publishing of the saids Decisions and Institutions ; and being willing to give to the said Sir James all encouragement therein , Therefore wit ye Vs to have Ratified and Approven . Likeas , We by thir Our Letters , Ratifie and Approve the Contract agreed upon betwixt the said Sir James and Agnes Campbel and Patrick Tailziefer Merchant in Our Burgh of Edinburgh , now her Spouse , having the Right to , and exercing the Office of Our Printer in Our said ancient Kingdom of Scotland , for Printing of the saids Books in all the Heads , Articles and Clauses therein contained whatsomever : Prohibiting all others to Print the saids Books , for the space of ninteen years , without the special leave of the said Sir James , his Heirs and Successors , as the said Contract of the date the 26. ●f March 1681. year● , at length contained in the said Gift and Ratification under Our Privie Seal more fully bears . Given at Our Court at Whitehall , Aprile 11. 1681. years , and of Our Raign● the 33. Year . Per Signaturam manu S. D. N. Regis supra scriptam . Act of Sederunt , Decimo Iunij 1681. THe Lord President did signifie to the Lords , that he having these twenty years Observed the remarkable Practiques or Decisions that had past in this Court , either upon Debate in presence of the whole Lords , or upon Report from the Ordinary in the Outter-house , expressing not only the sum of the Debate , as it was considered , and resumed by the Lords , with the Interlocutor ; But also the Grounds whereupon the Lords proceeded : and being of intention to put these Decisions in Print , he had acquainted the King therewith , and had His Majesties allowance and approbation therein . And the saids Lords considering that the Lord President has been at extraordinary pains , in Observing and Collecting these Decisions , and that the publishing thereof will be of great use and advantage , not only to the Colledge of Iustice , but to the whole Leidges ; They approve his Resolution to Print the saids Decisions , and did render him hearty Thanks for undertaking this Work , tending so much to the publick Good. Errata vide after the first Index . INDEX Of the Acts of Sederunt . ACt for uniformity of Habite amongst the ordinary Lords , Iune 5th , 1661. Act for continuing Summons and Writing in Latine as formerly , 1661. Act anent Wakenings , June 11. 1661. Act for retaining the principal Writs presented to the Register , and giving forth only Extracts thereof , 1661. Act for Protestation Money , July 4th 1661. Act for granting Commissions to Debitors who are sick , or out of the Countrey , on the Act Debitor and Creditor , July 31 : 1661. Act discharging Lessons , the last Moneth of the Session , November 28. 1661. Act anent Executors Creditors , February 28. 1662. Act anent granting of Bonds by apparent Heirs ; whereupon Apprizings or Adjudications may follow , in prejudice of the Defuncts Creditors . 1662. Act anent Advocats and Expectants , not paying their dues , 1662. Act discharging Confusion the last day of the Session , February 21. 1663. Act in favours of the Keeper of the Minute-Book , June 6. 1663. Act concerning the buying of the Citiedail , September 8. 1663. Act anent the Seal of Court , November 26. 1663. Act against general Letters , June 8. 1665. Act for Keeping the Bar●s , June 22. 1665. Act anent Pro●tutors , June 30. 1665. Act Ordering no sight of Process in the Summer Session , which were seen in the Winter before , November 8. 1665. His Majesties Instructions to the Commissars , February 20. 1666. Orders to be observed in Confirmations of all Testaments , Ibid. Instructions to the Clerk , Ibid. Act against Decreets , for not Reproduction of Cessiones bonorum , November 6. 1666. His Majesties Letter to the Lords concerning Prizes , January 3. 1667. Warrand for general Letters , for the Contribution due out of Benefices to the Lords , November 17. 1668. Oaths to be taken for the price of Fowls , January 15. 1669. Act anent Extracts of Registrate Writs , bearing the Procurators names , though not Subscribing , December 9. 1670. Act anent Extracting Acts and Decreets , Ianuary 20. 1671. Act against Magistrates of Burghs , for letting Prisoners for debt go out of the Tolbooth , Iune 14. 1671. His Majesties Order to the Commissioners of His Thesauray to free the Lords from the Cess , July 19. 1671. Act for Keeping the Bars , November 3. 1671. Act concerning priviledged Summons , July 21. 1672. Act anent payment of Dues for Summons , containing two Diets , July 11. 1672. Act concerning Bankrupts , January 23. 1673. Act Ordaining Advocations , or Suspensions of Processes for Conventicles , to be only past in presentia , or by three Lords in vacant time , June 24. 1673. Letter anent Pryzes , July 8. 1673. Act for Ordering new hearings in the Outer House , July 11. 1673. Letter from His Majestie against appeals , June 17. 1674. Act concerning Acts before Answer , July 23. 1674. Act for Tryal of those presented to be Ordinary Lords of Session , July the last 1674. Act upon the Marquess of Huntly's disowning Appeals , January 26. 1675. Act concerning Prisoners for debt , February 5. 1675. Act anent Bills of Suspension , February 9. 1675. Act Ordaining Processes after Avisandum to be carryed to the Ordinary that same day , and Reported in his Week , June 2. 1675. Heugh Riddel sent to the Plantations , July 20. 1675. Act anent passing of Bills for liberty out of Prison , July 21. 1675. Act concerning the granting of Protections , February 1. 1676. His Majesties Letter concerning the Clerks , June 20 : 1676. Act concerning the Registers , Iuly 4. 1676. Act for Inventaring the Registers Books , July 13. 1676. Act anent the manner of Booking Decreets of Registration , November 21. 1676. Act anent the Registers of Seasines and Hornings in the several Shires , January 4. 1677. Act concerning Arrestments , February 1. 1677. Act concerning Advocates , June 7. 1677. Act concerning the sisting of Execution upon Bills of Suspension , July 3. 1677. Act concerning the Suspensions of Protestations , July 10. 1677. Act against Solicitations , November 6. 1677. Act concerning Bills relating to concluded Causes , November 9. 1677. Suspensions of the Excize to be past only in presentia , December 6. 1677. Warrand anent Precepts for giving Seasine upon Retoures , February 15. 1678. Act in favours of the Lord Register , February 22. 1678. Act Discharging Clerks to lend out Processes to any except Advocats and their Servants , February 26. 1678. Act prohibiting the Clerks to give up Bills relating to Processes , whereupon there is any Deliverance of the Lords , July 23. 1678. Act discharging Advocates , and Writers Servants , to Write their Masters Subscription , July last 1678. Act Ordaining Hornings and Inhibitions to be Booked , which were not Booked the time of the Vsurpers , January 3. 1679. Orders for payment of the Dues of the Signet , where Suspensions are appointed to be discust upon the Bill , January 24. 1679. Act in favours of Intrant Advocats , February 7. 1679. Act anent Executors Creditors , November 14. 1679. Act anent the Registration of Hornings , November 19. 1679. Act against Solicitations , December 24. 1679. Act anent the taking of Renunciations from Persons Inhibited , February 19. 1680. Act against Petitions for alteration of Acts Extracted , February 24. 1680. His Majesties Letter in favours of the Lord Register , anent the nomination of the Clerks of Session , June 8. 1680. Act concerning Nottars , July 29. 1680. Act concerning Bills of Suspension , November 9. 1680. Act anent the marking of Advocates compearance for Defenders , November 25. 1680. Act in Favours of the Macers , February 15. 1681. Act anent Seasines and Reversions of Lands within Burgh , February 22. 1681. THE ACTS OF SEDERUNT , OF THE LORDS of SESSION . Beginning the 5th Iune 1661 , and ending in February 1681. ACT for Vniformity of Habit by the ordinary Lords . Iune 5th . 1661. THE Lords did find , that the whole fifteen ordinary Lords of Session , of whatsoever Place , Dignity , or Title they be , should carry and use the ordinary Habit and Robes of the ordinary Lords of Session in all time coming . ACT for continuing Summonds , and writing in Latine as formerly . Iune 6. 1661. THE Lords taking to their serious consideration , of how dangerous consequence the alteration of Formes and Customes is ; They have therfore ordained , and hereby ordain all Summonds which formerly abode Continuation , and shall be insisted in before them to be continued in time coming , and an Act to be made thereanent , and Letters to be direct thereon , as was in use to be done before the Year 1651 , not exceeding the Rates and Prices formerly exacted . And also , considering that during the Power of the late Usurpers , the use and custome of writing in Latine was then discharged , by the pretended Commissioners for Administration of Justice : Therefore the saids Lords ordain all Charters , Seasings , and other Writes of that nature , alswell such as pass the Seals , as other ways , which were in use to be formed and written in Latine , to be continued in the same Language as formerly , before the Year 1652. And to the effect none may pretend Ignorance hereof , ordains these Presents to be published at the Mercat Cross of Edinburgh , after sound of Trumpet by a Macer . ACT anent Warnings . Iune 11th . 1661. THE saids Lords ordain , That all wakenings of Processes lying undiscust , be execute upon 24 hours , against all such Persons as are for the time within Edinburgh , or Leith , and upon 6 dayes against all other Parties within this Kingdom ; and upon fifteen dayes against all such Persons as are out of the Kingdom . ACT for retaining the Principal Writes presented to the Register , and giving forth only Extracts thereof . THE which Day , the Lords of Council and Session taking into their consideration , That the custom of the Clerks in the Usurpers time of giving back to the Parties the Principal Bonds , Contracts , and other Writes , given in to be registrat , did tend to the hazard and prejudice of the Leidges , and was contrary to the practise formerly observed . They do therefore ordain , that the Clerks of Session , and all Clerks of Inferiour Courts and Judicatories , shall henceforth keep and retain the Principal Writes ( for which they shall be answerable and give forth only Extracts thereof as formerly , before the Year 1651. ) and ordains these Presents to be published at the Mercat Cross of Edinburgh . Likeas , the saids Lords require the Clerks of the Session to be careful in preserving and keeping all Principal Bonds , Contracts , and other Writes to be given in to them to be registrat , and that they be countable for them and for their Servants , so long as they shall give them trust thereof . And that once in the two years they deliver them to be keeped by the Clerk of Register , with the Publick Records of the Kingdom . ACT for Protestation Money . Iuly 4. 1661. THE said day the Lords taking to their Consideration , the Litigiousness , and Malitiousness of some Suspenders , who upon frivolous and unjust Reasons and Grounds , purchase Letters of Suspension and Advocation , and will not at the Day of Compearance , nor on any other of the Days appointed for Production of the saids Principal Letters of Suspension and Advocation , produce the respective Letters aforesaid , but keep the famine up , of purpose to trouble , vex , and put to farther Charges and Expenses , the Chargers and Parties Persuers in the Principal Cause Advocated to the saids Lords . Therefore , the saids Lords ordain the several Sums of Money following to be payed by the saids Suspenders , and Purchasers of the saids Letters of Advocation , to the Chargers and Parties Pursuers in the Principal Cause Advocated to the saids Lords ; And that upon their purchasing of Protestation , or Act of Remit against the said Suspenders , and purchasers of the saids Letters of Advocation ; viz. If the sum charged for be an hundred merks , or within the same , the sum of 8. lib. Scots ; and if the sum be above 100. merks , or not a liquid sum , the sum of ten pounds money foresaid . And for every Remit the sum of 15. lib. Scots , and ordains an Act to be extended hereupon in manner foresaid . ACT for granting Commissions to Debitors , who are sick or out of the Countrey on the Act Debitor and Creditor . Iuly 31. 1661. THE Lords of Session considering , that in prosecution of the Act of Parliament of the 12. of Iuly last , anent Creditor and Debitor ; such Debitors as are far off the Countrey , or are , or shall be disabled by Sicknesse to come here , to take the benifite of the Act , will be thereby prejudged of the benefit thereof , if some course be not taken to prevent the same . They do therefore impower the Lord President , or the Lord Register , or any two of the Lords of Session , upon Petitions , and sufficient Attestations of the Sicknesse of any Debitor , or of their being forth of the Countrey , to give Commission during this ensuing Vacation , to such Persons in the Countrey , as they shall think fit to receive the Oath and Declaration of the Debitors , conform to the said Act , and to report the same betwixt and the day of November next to come , to the Clerk of Register , or his Deputs ( Clerk to the Bills ) to be Recorded with others of that nature . ACT discharging Lessons the last moneth of the Session . November 28. 1661. THE same day the Lords considering , that in the end of the Session , the giving way to Young-gentlemen to give proof of their Literature , by making publick Lessons , is greatly prejudicial to the Leidges : that time which is appointed for hearing and discussing of Interloquitors being taken up with the saids Lessons . Therefore the Lords renews a former Act made to the effect after-specified , in Anno 1650. And of new ordains in all time coming , That any who are to make their Lessons , shall come and make them at such times of the Session , as the hearing of them be not prejudicial to the administration of Justice , and that none shall be heard to make such Lessons any time the last moneth of of the Session . ACT anent Executors Creditors . February 28. 1662. THE which day , the Lords of Councill and Session considering the great confusions that arises amongst the Executors of Defunct Persons , and prejudices sustained by many of them , in prosecution of their respective diligences , against the Executors of Defunct Persons , and otherways , by obtaining the saids Creditors to be themselves decerned Executors Creditors to the Defunct , in prejudice of other Creditors , who either dwelling at a far distance , or being out of the Countrey , or otherways not knowing of the death of their Debitors , are postponed ; and others using sudden diligence are preferred . In respect whereof , and for a remeid in time coming , The saids Lords declare , and ordain , that all Creditors of Defunct Persons using Legal diligence at any time within half a year of the defuncts death , by citation of the Executors Creditors , or intrometters with the Defuncts Goods , or by obtaining themselves decerned , and confirmed Executors Creditors , or by citing of any other Executors confirmed : the saids Executors using any such diligence before the expiring of half a year as said is , shall come in pari passu with any other Creditors , who have used more timely diligence , by obtaining themselves decerned , and confirmed Executors Creditors , or otherwise . It is always declared , That the Creditor using posterior diligence , shall bear a proportional part of the charges wared out by the Executor Creditor first decerned , and confirmed , before he have any benefit of the Inventarie confirmed ; and that it shall be lawful to the saids Creditor to obtain himself joyned to the said Executor : and ordains these presents to be insert in the Books of Sederunt , and to be Proclaimed at the the Mercat Crosse of Edinburgh . ACT anent granting of Bonds be appearand Heirs ; whereupon Apprysings , or Adjudications may follow , in prejudice of the Defuncts Creditors . THE said day the Lords of Council and Session taking to their consideration , the manyfest Frauds and Prejudices done by appearand Heirs , to the Creditors of their deceast Fathers , or other Predecessors , in their just and lawful debts : Therefore , and for preventing any such fraud for the future , the saids Lords declare , That if any appearand Heir shall grant Bonds , whereupon Adjudications , or Apprysings shall be deduced to their own behove ; or that the saids Apprysings , or Adjudications shall return before , or after the expyring of the Legal Reversion , in the Persons of the saids appearand Heirs , or any to their behoves . In either of these cases , the saids Apprysings or Adjudications shal no ways defend them against their Predecessors Creditors ; but that they shall be lyable , as behaving themselves as Heirs to their predecessors by intromission with the Rents of their Estates , so Adjudged , and Apprysed ; nor shall it be lawful to them to renunce to be Heirs , after such intromission : and ordains an Act to be made thereupon , and to be registrate in the Books of Sedernut , and to be published at the Mercat Cross of Edinburgh , ACT anent Advocats Expectants . THE said day the Lords of Council and Session understanding , that the greatest number of the Advocats , and Expectants , admitted since the first of Ianuary , 1648. years . Are deficient , in paying of Dues to the keepers of the Box for the Advocats : to wit , twenty merks for every Advocate , and ten merks Scots , for every Expectant ; to the prejudice of the Box appointed for the poor , and others their publick affairs . Therefore the said Lords ordain all Advocats and Expectants , admitted since Ianuary , 1648. who are deficient , in payment of the saids dues : and all others who shall be admitted , and receive the said respective priviledges in time coming , to pay the saids dues , to the keeper of the Box for the time . And ordains Letters of Horning , and Poynding , upon sex days , to be direct against the deficients ; upon a subscribed Roll by the Thesaurer : and ordains no suspension to passe but upon consignation . ACT discharging confusion the last day of the Session . February 21. 1663. THE Lords of Council and Session considering , how necessary it is for the advancement , and honour of His Majesties service , that the Judicatories intrusted in him in the principal administration of Justice to His People , be attended in all their meetings , with due Decencie , and Respect from all His good Subjects . And that the rude , disorderly , and barbarous carriage of some Servants attending the Colledge of Justice , and others joyning with them upon the last day of the Session , is dishonourable to the Authority of the Court , unsuitable to the gravity becoming the Persons relating thereto , and un-beseeming the civility fit for such a place : have therefore thought fit to discharge , and hereby discharges all Servants of any Advocats , Clerks , Writers , or other members of the Colledge of Justice ; and all other Persons whatsoever : That none presume upon the last day of the Session , to throw , or cast any pocks , dust , sand , or stones , or to make any disorder , or to use any rude , or uncivil carriage within the Session House , or in the Parliament Closs . Certifying all such , who being Servants to any Members , or relating to the House , shall in any degree offend herein ; they shall suffer three moneths imprisonment , and for ever thereafter be debarred the House , and service thereof . And if they shall happen to escape the time of the committing the offence : That their Masters shall be oblidged to enter them in prison in the Tolbooth of Edinburgh , within eight days thereafter , under the pain of two hundred merks Scots : and ceritfying all such Persons , who not relating to the House as said is ; shall offer to offend in manner foresaid : They shall be apprehended , and committed to waird , for the space of three moneths ; and thereafter banished the Town . And that none pretend ignorance , ordains these presents to be printed , and affixed upon the most patent doors of the Session House ; and to be insert in the Books of Sederunt : therein to remain ad futuram rei memoriam . ACT in favours of the keeper of the Minut Book . Iune 6. 1663. THE which day , the Lords taking to their consideration an overture formerly presented to them , be the Advocats , in favours of Iohn Scot keeper of the Minut Book : shewing that the allowance appointed to him for inrolling of Causes ; by the Act of Sederunt , dated the 28. of February 1662. is very inconsiderable ( being only two shilling scots for every Process ) and no ways answerable to his pains , and attendance thereupon : In respect whereof , and for the said Iohn Scot his further incouragement to continue that faithfulnesse , and integrity , whereof he hath hitherto given proof , in discharging the said trust . The Lords ordain , in time coming the Parties at whose desires any Process shall be inrolled , or his Agent , to pay to the said Iohn Scot , for every Cause that shall be inrolled be him four shilling Scots money allanerly . And ordains these presents to be publickly intimate , and an Act to be extended thereupon . ACT concerning the buying of the Citiedeal . September 8. 1663. THE Lord President having produced before the Lords , a proposition made by the Town Council of Edinburgh , and subscribed by Sir Andrew Ramsay Provost of the said Burgh , bearing as follows , viz. The Lord Provost having reported to the Committee , That the Citiedeal of Leith being of late erected in a Burgh of Regality , which without doubt may in time prove prejudicial to this City , for many undenyable reasons . And that the Honourable Lord the Earl of Lauderdail , to whom His Majesty hath granted the Right of the said Citiedeal , had done the honour and favour to the Council of Edinburgh , as to make them an offer thereof , upon reasonable terms : And that they are come that length in their Treaty ; as that it may be had for 6000 lib. Sterling payable in four years ; which the Magistrats are not at all in capacity to raise , or make payment of , without the two third parts thereof be raised out of the Chamber of Imposition ; which the Council thought not fit to do without the consent of the Grand Committee of the said Imposition . And therefore desired the advice of the Lord President ; and all others the Members of the Committee . To which report , and proposition the said Lord President , Sir Iohn Nisbet , Mr. Iohn Ellies , and Robert Hay made answer : That they found His Majestie 's gift so strick , as they could not of themselves , without consent of the whole Colledge of Justice give consent ; That any of the said moyeties should be imployed otherwise , then to the payment of debts contracted before September , 1650. Therefore the Committee thought expedient , That the President Sir Iohn Nisbet , Mr. Iohn Ellies , and Robert Hay might advise concerning that scruple , and with all conveniency report , that so necessary a bargain might be brought to some conclusion : The saids Lords having considered the above-written proposition in one voice do consent , and give advice , that the two third parts of the pryce of the Citie-deal be raised forth of the Chamber of Imposition . The Seall of Court. November 26. 1663. MR. Alexander Gibson produced in presence of the Lords their common Seal , wherewith Commissions , and other Papers , which went out of the Countrey , use to be Sealled ; which Seal the Lords ordain to be made use of in time coming . And ordained the said Mr. Alexander to make the same forth-coming to the saids Lords , when ever it should be required : And ordains him to give the use of the said Seal to the remanent Clerks , when they have to do therewith . ACT against general Letters . Iune 8. 1665. THE Lords considering the manyfold inconveniences arising of late from the frequent use of directing General Letters , and Charges Summarly ; and that the same is contrary to the ancient custom , whereby they were only raised upon Decreets conform : Therefore the Lords do hereby revive and renew that ancient custom : And Enact , and ordain , that in time coming , no Charges , nor Letters of Horning shall be direct Generally , against all and sundrie ; except allanerly upon Decreets conform ; purchast , and obtained be the Parties raisers of the saids Letters . And prohibit and discharge the Writers to the Signet , and the Clerks to the Bills to writ , present , or passe any Bills for General Letters , and the keeper of the signet to affix the signet to any such General Letters ; unless the same be direct upon Decreets , conform as said is . Likeas the Lords declare any such General Letters that shall be raised in time coming , where Decreets conform have not proceeded , with all execution following thereupon , to be void , and null , and have no affect ; But prejudice always of any General Letters , or Charges raised , or to be raised at the instance of His Majesty's Thesaurer , Thesaurer Depute , or others impowered for His Majesti's Rents , Customs , Casualities , or other dues belonging to the KING'S Majesty , according as they have been in use to do . And also excepting any General Letters raised , or to be raised at the instance of the Lords of Session , for the contribution money , payable to them , And such other General Letters as are expresly warranted be the Acts of Parliament . And ordains an Act to be extracted hereupon , and insert in the Books of Sederunt . ACT for keeping the Barrs . Iune 22. 1665. THE Lords considering , what great confusion , and disorder , is occasioned by the thronging of people , of all sorts within the Barrs , of the Inner , and utter House , in the morning , before the Lords sit down , and at twelve a clocke in the forenoon , and the prejudice arising there through ; by the miscarrying of Processes . For remeid whereof , the Lords do hereby discharge the Macers in time coming ; to give access to whatsomever Persons of whatsoever quality , within the Barr of the Inner-house , after any of the saids Lords have entred the House ; in the morning , or after twelve a clock : till the Lords be all risen off the Bench , and be removed out of the House . And sicklike , that they permit no person whatsoever , to stay within the Innermost-barr , of the Utter-house , where the ordinary Lord , and Clerks do abide , neither before the ordinary Lord come out after that the Clerks and their Servants have begun to call , nor during the time that the ordinary Lord is upon the Bench , neither after , untill the reading of the Minut Book be ended : except the persons following , viz. The keeper of the Minut Book , the King's Solliciter , and one Servant appointed by His Majestie 's Advocat : And that person appointed for reading the Minut Book , during the time of the reading of the Minut Book and no longer . And the Macers are hereby authorized to carrie immediately to prison any person that shal be found within any of the saids Barrs , during the time foresaid● Certifying the saids Macers , that if any of them shal be found negligent in performance of their dutie in the premisses , They shall forthwith be removed from their Office. And ordains an Act to be extended hereupon . ACT anent Pro-tutors . Iune 10. 1665. FOrasmuch , as in the Action of compt and reckoning depending at the instance of Robert and Bessie Swintouns , against Iames Notman , at length heard before the Lords of Council and Session ; It being questioned , and debated , how far a Pro-tutor is lyable by the Law , and Practice of this Kingdom ; whether for ommission , as well as for commission , and intromission : And the saids Lords considering , That albeit Pro-tutors be excusable , as to their bygon intromissions ; In regard it was not constant hitherto , how far they could be lyable : yet finding it expedient , that the foresaid question should be determined as to the future ; and the Leiges no longer left in uncertainty thereanent . Therefore the Lords declare , that whatsoever person , or persons shall in time coming intromet with the means and estate of any Minor , and shall act in his affairs , as Pro-tutors , having no right of Tutory , nor Curatorie , established in their Persons . They shall be lyable aswell for what they might have intrometted with , if they had been Tutors , and Curators ; as for what they shall intromet with de facto ; Sicklike , and in the same manner as Tutors , and Curators , are lyable by the Law and Practice of this Kingdom . And the Lords declare , that they will observe this as an inviolable practice in time coming . And ordain these presents to be published , at the Mercat Cross of Edinburgh , and an Act to be extended thereupon , and insert in the Books of Sederunt . ACT ordering no sight of Processes in the Summer Session which were seen in the Winter before . November 8. 1665. THE Lords considering , That through the shortness of the Summer Session , unnecessary giving out , and malicious detaining of Processes , which have been seen the Winter Session immediately preceeding : The Leiges are oftimes frustrate of Justice during that Session , after much charges , expenses , time , vexation , and trouble . And having it always in their thought how Justice may be speedily administrat , with the greatest ease , and least expenses to the Subjects . Do declare , that in the future they will not allow Defenders , and their Procurators to see Processes in communi forma , during the Summer Session : where the same has been seen , and returned by them the Winter Session , immediately preceeding : and that they will proceed to do Justice therein without indulging to defenders any such sight , during the Summer Sessions , in the future , where there hath been no material amendments , made be the Pursuers , of their Summonds nor new pieces produced in the Process ; to be instructions and grounds thereof : and which were not seen the Winter Session immediately preceeding . And ordains these presents to be insert in the Books of Sederunt . His Majesties Instructions to the Commissars . February 20. 1666. THE Lord President having received the Instructions following from Iohn Earl of Rothes His Majesties High Commissioner , did communicat the same to the hail Lords : and that it was His Graces pleasure , and desire , that the same might be recorded in the Books of Sederunt . The Lords of Council , and Session , ordained the saids Injunctions to be insert , and recorded in the saids Books of Sederunt : under Protestation always , that the recording of there saids Injunctions should be no ways prejudicial to the priviledge of the Lords of Session , or derogat in any sort from their Iurisdiction in civil causes . And ordained the said Injuctions after recording thereof ; to be given up , and delivered , to the Archbishop of St. Andrews his Grace , or to any having his warrand to receive the same . And that the Extracts of the saids Injunctions be given to all Persons who shal conceive themselves concerned therein , whereof the tenor follows . Sic Supra Scribitur CHARLES R. HIS Majesty Authorizes and injoyns , these following Instructions , contained in five Leaves , Attested , and Subscribed by two of the late Commissars of Edinburgh , for regulating the Proceedings , of the Commissars in their respective Courts . Oxford , January 21. 1666. and of His Reign , the seventeenth year . By his Majesties Command , Sic Subscribitur , LAVDERDAIL . INstructions and Rules set down , and appointed , by the Reverend Fathers , Arch-bishops , and Bishops , in this Kingdom , to the Commissars , Clerks , Procurator-fiscals , and other Members of Court , of the Whole Ecclesiastical Jurisdiction ; having Commission from the saids Reverend Fathers . 1. Ye are by vertue of your Commission , to decide , and judge , in Causes concerning Benefices , and Teinds , in matters of Scandal , Confirmations of Testaments , great , and small , within your bounds , all Causes Testamentar , and in all other matters , wherein the Oath of Party is required ; if the same does not exceed fourty pounds . And in all other Causes wherein the Parties submit themselves to your Jurisdictions . 2. Ye are to Judge , in Reductions , and Declarators , of Nullity of Marriage , for Impotency , or upon any other ground , or reason whatsomever . All actions of Divorcement for Adultery , or upon any other ground . All Actions , or Questions , of Bastardry , and adherences , when the samine shall have a connexion with the Lawfulness of Marriage , or Adultery ; all which are reserved to the Commissars of Edinburgh , and do belong to their Jurisdiction , privative . But when the adherence is pursued , upon the account of malicious desertion only ; and where there is no question of the Nullity and lawfulness of the Marriage : the inferiour Commissars may decide in the samine . 3. You are to proceed , in rebus levibus , not exceeding fourty pounds upon the Pursuers Claim , without necessity of a libelled Summons : the Defender being alwayes cited at several times , by two distinct Warrands , and Summons , to that purpose . And the case foresaid , where the subj●ct is Leve , not exceeding the said sum ; you are to proceed in manner foresaid : whether the Defender be pursued upon his own Deed , or representing any other Person , his predecessors ; in rebus levibus ; and in Cases of the nature foresaid , If the Claim be referred to the Defenders Oath ; and the Defender appear , and be content to depone presently ; you are to take his declaration upon the same . And if the Defender desire to see , and be advised with the Claim : ye shall give him a short time to that purpose . If the Claim be referred to the Defenders Oath ; and he appear not himself : he is to be warned again pro tertio , and cited personally to give his Oath , with certification , he shall be holden as confest . In such cases of small moment , if the Claim be not referred to the Parties Oath , nor verified in●ranter ; and the Defender appear , you are to give , a short time to him , if he be conveened , upon his own Deed ; to see the Claim , and answer verbo . And if he be conveened as representing any other person , as Executor , or Intrometter ; or otherways ; you shall assign a time to the Defender to qualifie , and give in his Defenses in Writ . 4. In Causes of greater moment exceeding fourty pounds , and in Arduis , wherein there may be difficulty , you are to proceed upon a Libelled Summons ; in the same manner as is prescribed in the Cases above-mentioned , except only , that at your discretion , you may assign , a longer time to the Defender to give his Oath ; if the Libel be referred thereto : and to answer verbo● or to qualifie , and give in his Defenses in writ : when the Libel is to be proven otherwise , and the Defender is conveened , either as representing another person , or difficulty , or importance of the case doth require ; that the Dispute shall be in Writ . 5. You shall be careful that your Clerks shall have and keep on Book for all the ordinary Dyets , and Acts ; and also another Book fo● Acts of Litiscontestation , either made in absence , or parte comparente , wherein it shall be set down , as shortly as can be , the substance of the Libels and Alleadgences , Interlocutors , and Litiscontestations thereupon ; which Record shall be sufficient without necessity , either for extracting the same , or of Registration , or extracting an Act of Litiscontestation ad longum , except either of the Parties shall desire an Act to be extracted ad longum ; upon the Parties Charges , who shall desire the same . 6. Your Clerk shall keep a Register of Decreets of whatsoever nature : but so that in cases of small moment , within fourty pounds ; the said Decreet shall be recorded as shortly as can be . 7. If in any Process whatsomever , the time of Litiscontestation , or after the Interlocutor is pronounced : and when either a Term is assigned for proving the Libel , or any alleadgance ; or the Judge having pronounced Interlocutor verbo ; or a Signature , being made in Writ ; is about to assign a Term , the Defender shall pass from his compearance : or any time thereafter post Litiscontestationem . Nevertheless , Litiscontestation in all such Processes , shall be holden and esteemed , to be made parte comparente . And in like manner , if the Defender , at Sentence , shall pass from his compearance ; the Sentence , nevertheless , shall be given out against the saids Defenders ; as compearing . 8. Ye shall be careful , that your Summons be execute , alwayes by a sufficient man ; before two Witnesses at least . And that the same being returned , and indorsed , be keeped by the Clerk ; in case the execution be questioned : and that ye are not to stay the proceeding of the principal Cause , upon offer of Improbation , of the execution : and if any execution shall be found false , and Improven ; and if it shall be found , that any of your Advocats , Procurators , or their Servants , or Agents , or other Persons , having interest in your Courts ; have written , or caused write the saids executions , or has used , the same , and knowing them , to be false ; or are otherwayes accessory to the said folshood : they shall be declared uncapable of any Office , Trust , Interest , or Practice within the said Court : without prejudice of such further Censure , and punishment as may be inflicted , for the Crime of falshood ; and upon the contriver , or user , or false Writs . 9. Ye shall direct Precepts for Summoning of Witnesses , to compear before you , to be Witnesses in Causes : under such pecunial pains as ye shall think expedient , according to the value of the Causes , and quality of the Person , that bees Summoned . And if the Witnesses contemptuously disobey , the fines , and mulcts , to be uplifted by your Officers : and they to have power to poind for the samine . And the pains shall be applyed ; the one half , for your own use : and the other half to the poor . And if the Witnesses compear not for the first Summons : the Party to have Summons , against the Witnesses not compearing , under greater pecunial pains ; to be applyed at your discretion : or to raise Letters upon deliverance of the Lords of Session , for compelling them to compear , under the pain of Horning : as you shall think expedient . At the examination of Witnesses , your selves shall not fail to be present : excluding all others . 10. You shall suffer none of the Advocats , in their procuring , to use frivolous Alleadgances and if they do , sharply to reprove them therefore : and , in case of not amending , for reproof , to proceed to pecunial pains : and if they persist , to deprive them . 11. In the advising of Processes , ye are not the use the advice of any Procurator , or Advocat , or consult with them thereanent ; neither admit of them , to be present at the advising of the same . 12. Ye shall tax the expenses of all pleas , of Causes , where Sentence is obtained , before you , and that right highly . And shall insert the same , in the principal Decreet , or Sentence . And the Precept , to be directed out for executing of the Sentence , shall contain Poinding , as well for the saids expenses , as for the principal . 13. Ye may direct your Precepts , to Officers of your Commissariot , or Officers of Arms , or to the Officers of Provost , Bailzies of Burghs ; at the desire and option of the Party . If any Person shall deforce your Officers , in execution of your Precepts : ye may be Judges , to all such Deforcements : and inflict the like pains , as by the Law may be inflicted , for deforcing of Officers , of Arms , excepting only the loss of Deforcers , their Escheat . Without prejudice to the Person concerned , to pursue for the same , upon the Deforcement of your Officers , before the competent Judge . 14. If any temporal Judge within this Realm will proceed , in Causes belonging to your Jurisdiction : you shall direct Precepts for Inhibiting them , from all further proceeding thereuntil . 15. Ye shall give forth Inhibition upon Teinds , great and small , as you are desired upon sight of the Parties Title , allanerly . 16. If Summons of Reduction , be Libelled against any of your Decreets , before the Commissars of Edinburgh : ye may cause , notwithstanding , put your Sentence to execution . And if the same be not pursued , within year , and day , the Party being of perfect age , and within this Realm : your Decreet stands unreduced . 17. You , and your Clerk , shall reside in the place of your Commissariots , under the pain of deprivation ; except by the Arch-bishop or Bishops , Consent and License , upon grave occasion , you obtain liberty , to do otherwayes 18. You shall make two Registers , of the Testaments , to be confirmed by you . The one to be keeped by you ; and the other to be delivered , to to the Arch-bishop , or Bishop , yearly . 19. Your Clerk , the time of making the Accompts , two times in the year , viz. the first day of May , and first of November ; shall make Faith to the respective Arch-bishops , Bishops , or any having their Order : That there is no more Testaments Confirmed then these , which are Booked , in the Books , then to be produced . 20. You shal give forth no Precepts , in matters above fourty pounds ; untill the Decreet be first extracted . 21. In case any of you shall happen to fall sick , and not be able to wait upon your Office , or give attendance : or if it shall happen any such Declinator , or exception , ( being of Verity ) to be proponed against you , as might set , or decline , Sheriffs or any other Judge : In that case , you shall shew the Arch-bishop , or Bishop the samine ; who then shall deput another , who shall be most fit , and apt , to sit , cognosce , and decide , in the Causes aforesaid . 22. Ye shall find Caution to compear , before the Arch-bishop , and Bishop , twice every year , viz. The first day of May , and November , and give just count of your intromission with the Quote : where the Arch-bishop , or Bishop , has not a Quot-master appointed by themselves . And also for payment of your Contribution Silver , to the Commissars of Edinburgh : and that under the pain of five hundred pounds , toties , quoties . 23. If any of you or your Clerks , Confirm any Testaments , and make no accompt thereof , to your Arch-bishop , or Bishop , the saids dayes : the samine being sufficiently verified ; your Office , shall thereby ipso facto , Vaick . 24. It shall not be leisome for you , to admit any procurator , without License of your Arch-bishop , or Bishop , respective . But you may create , Commissar-officers , that be honest , and faithful , as ye will be answerable . And your Procurators , shall wear Gowns in the Court , as ye are appointed , and injoyned , by these principal injunctions , to do the samine your selves . And that you put the samine to execution , betwixt and the day of next to come . 25. The profite of all Summons , Sentences , Transumpts , Registrations , and Confirmations of Testaments , and Registrations of all Tacks , Contracts , Obligations , and other Writs whatsomever , and Extracts of the samine . As likewise the profite of the Seal , and Signet ; to be divided in manner following : That is to say ; the two part thereof to the Commissars , and the third part to the Clerk ; he always , finding Paper , Ink , Wax , and Writing-Chamber . ORDERS To be observed in Confirmations of all Testaments . YOU shall have a care , that all Edicts be served generally , at the Paroch Churches , twice , or at least every year . And if any Party shall desire particular Edicts , as occasion offers : you shall cause give them forth , and the general Edict to be given gratis to the Procurator-fiscal . The Edict being Served , and the Person , or Persons , having best right , being decerned Executors , to the Defunct ; the Inventary shall be given up by the Executor , who shall make Faith upon the truth of the samine . If the Wife be Deceast , and the Husband give up Inventary ; both of the Goods , Geir , and Debts , owing by hi● , and to him , such Debts as he gives up , and by his Oath Swears , to be true Debts , should be deduced off the free Geir alwayes , if the Executor suspect any Fraud , that the Debts given up exhaust the free Geir , and think fit to omit the samine , he may lawfully do . And thir Debts are in Testaments Dative , only to be received as owing by the Defunct , Servants Fe●s for a year preceeding the Defuncts decea●e , Duties of Lands , or T●inds for a year , Apothecaries Drogs immediatly imployed before the Defuncts decease , House-meals for half a year at most , Pensions , and Ministers Stipends , Steelbow-goods , and Corns to the Master : If the man , or the Person whose Testament is to be confirmed , give up the Inventary of Debts , with his own mouth , in a Testament Testamentar ; such Debts , as they give up , must be allowed . But if there be no Testament Testamentar made by the Defunct ; or that in the samine he has ordained his Executor to give up the Inventary of his Goods , Geir , and Debts ; in that case , no Debts are to be deduced ; except the Debts mentioned , and contained in the immediat preceeding Article . Which Deductions being made by the Person deceast ; he leaving behind him . Wife and Bairns ; if any of the Bairns , be unfori●familiat ; the Testament is divided in three parts ; and the third part of the ●●ee Geir , pays only Quot . If all the Bairns be forisfamiliat , the Testament then divides in two : and the half of the free Geir pays Quot . If there be no Bairns , the Testament likewise is divided in two : and the half of the free Geir pays Quot . If the Person deceast be single , and has no Bairns unforisf●miliat , in that case the whole free Geir pays Quot , without any division . If it fall out that any challenge the Geir of the Defunct , by virtue of an Assignation , from the Defunct before his decease ; he ought , not the less , to Confirm the Testament : notwithstanding of the Assignation . Quia quoad confirmationem Testament ; it is estimat to be simulat . But he may as Assignay , make Protestation , That the Confirmation shall not prejudge his Assignation , pro ut de jure . Ye are to advert , that the prices of the Goods , given up in Testament , be estimat , conform to the common course , as they are sold in the Countrey , neither too high , nor to low , in prejudice of the Quot , and Bairns of the Defunct . Let no Testament be Confirmed , without the Oath of the Executor , and the Relicts Oath , Man , or Wife , who survives other ; and if any thing shall be found to be omitted : any benefite which would have belonged to the persons omitting , of the which they had no probable ignorance ; The samine shall pertain to the Arch-bishop , or Bishop , or to any , to whom they shall dispone it . You shall give no License to pursue , except to poor bodies : and that for small sums , and where Debts are desperate . If there be no nomination , or Testament made by the Defunct , or if the Testament Testamentar , shall not be desired to be Confirmed : ye shall Confirm the nearest of Kin , desiring to be Confirmed . And if the nearest of Kin shall not desire to be Confirmed ; ye shall Confirm such of the Creditors , as desire to be Confirmed as Creditors : they instructing their Debts . And if● neither nearest of Kin , Executor , nor Creditor , shall desire to be Confirmed , you shall Confirm , the Legators , such of them as desire to be Confirmed ; and instruct , that they are Legators . And if no other person having interest foresaid shall Confirm● you shall Confirm your Procurator-fiscal , datives , alwayes being duly given thereto before . And if after the saids datives , but before Confirmation ; any Person having Interest , shall desire to be Surrogat , in place of the Procurator-fiscal : ye shall Confirm them as Executors , Surrogat , in place of the Procurator-fiscal . And to the effect the Debts may be the better known ; ye shall call within your Jurisdictions , the Intrometters with the Defuncts Goods , and Geir , ( Datives being given up as said is ) to give up Inventar thereof . And in case the Intrometters will not compear , to the effect foresaid . Then ye shall cause Summond , four or five of the Defuncts nearest neighbours ; and others who best knew the samine● who being sworn , shall give up Inventar ; of the Dead's Goods , and declare the quantity thereof , under what division the samine comes , and the expense , to be made thereupon , shall be modified yearly : at the making of the Accompts . That every one of you have a Procurator-fiscal , who shall be an honest , discreet man , and responsal , for pursuing all common actions , and who shall be decerned Executor dative , to all the Defuncts , within your Jurisdiction where he serves ; in case the nearest of Kine of the Dead , nor any other nominat Executor , Confirm not his Testament , in due time . And ilk Procurator-fiscal shall find Caution that the Goods he shall happen to intromet with , shall be forthcoming as effeirs : and shall make Compt yearly , and payment of the saids Goods , that shall happen to be intrometted with by him : to the Arch-bishop , or Bishop , and shall have three shilling , for ilk pound that he brings in , and makes payment of . The Procurator-fiscals , shall be holden to Compt twice in the year , for the diligence to be done by them , in taking up the names of all the Defunct Persons , within the whole Parochs of your respective Commissariots : wherein they shall be faithful . And if it shall be found that they have exacted Money from the People , or oppressed them , or transacted with such Persons as shall happen to be charged to Confirm , and shall receive Money from them to pass from the saids charges , or for Money or good deed ; shall forbear to cause charge any such person , who ought to be charged . Any such Procurator-fiscal so doing ; the samine being sufficiently proven , shall be deprived from his Office . That all Persons , named , or to be named Executors , to any Defunct ; shall Confirm their Testaments within three Moneths , after the Defunct's death , at farthest . If any person shall be decerned Executor to a Defunct , when he compears not personally , by reason of sickness , or upon any other reasonable occasion : and craves a commission to take the Executors Oath . Ye shall not grant any Commission for that effect , without the Ministers Testificat , of the Parties inability , and knowledge , and consent , of the Arch-bishop , and Bishop . When an Edict is execute to a day , and the Party compear and desire to be decerned , Executor , and crave a day , to give up Inventary , and Confirm : ye shall continue the decerning of the Party as Executor , until the day , that he should Confirm ; to the end all may be done , Simul & semel . You shall not suffer Testaments to have Faith , or any thing contained in them , without Confirmation , ye shall not suffer an e●k of Testaments to be made , exceeding● the third of the Inventary , and that but once , without knowledge of the Arch-bishop , or Bishop . That the Inventar be likewise given up , as they were the time of the Defuncts decease . And twelve pennies of every pound of the Deads part , shall be the Quot of all Testaments , both great and small , which shall be Confirmed ; as well of the Testaments , dative , as others . And the mitigation , and composition of the samine Quot , shall appertain to the Arch-bishop , or Bishop , to whom it belongs alanerly : if need beis . Institutions to the Clerk. YE shall have two Register Books , one for the Acts , and Sentences , and another for the Testaments . Which Book of the Testaments , shall be marked by the hand of the Arch-bishops or Bishops , or Bishops Clerk : and when the samine are filled up , to receive a new Book , besides your Book of Registration . Ye are all of you , both Commissars , Clerks , and Fiscalls , to serve the Leidges thankfully : at the Rates , and Prices which are to be settled , by the Arch-bishops , and Bishops . We have considered the abovementioned Instructions , contained in these five preceeding Leaves . And to conceive that it is fit , that the same be Authorized and injoyned , for Regulating the Proceedings of the Commissars ; in their respective Courts . Sic Subscribitur , IO. NISBIT . IO. BAIRD . ACT against Decreets , for not Reproduction of c●ssiones bonorum . November 6. 1666. THe Lords considering , the great abuse lately crept in , under the colour , of the Act , ordering Decreets for not Reproduction of Process : to extract Decreets of Bonorum , which was never the Lords meaning , to extend the foresaid Act , to any Summons of Bonorum . Therefore the saids Lords , for Rectification of the foresaid abuse : discharge the granting of any Decreets for not Production , in time coming ; in so far as relates to Actions of Bonorum : at the Instance of any Debitor , against his Creditors . But ordain the Pursuer to complain to the Lords , in presentia , in communi forma , for keeping up of Processes , of that Nature : and discharge the Lord Ordinary , in the Outter-house , to decern in any such Causes : but that they be all Advised , and Decerned , in presentia . His Majesties Letter to the Lords concerning Prizes . Ianuary 3. 1667. Follows the Tenor of the Letter , Superscribed thus ; CHARLES R. RIght Trusty , and Right well beloved Cusing and Councellour , Right Trusty , and well beloved Councellours , and Trusty and well beloved : We Greet you well : we have been often troubled , with Complaints from strangers , in Amity with Vs ; and others , concerning the Prizes taken by Our private men of War , in that Our Kingdom , and Sentences pronounced by Our High Court of Admirality there : and whereas We understand , that ye by Our Law , are Authorized to be Supream Iudges in all these cases : We do hereby Require , and Authorize you , to think , and conclude on such Orders , as shall be necessary for bringing before you , and Deciding all these Causes in a Summar way : and that ye proceed with all expedition ; in respect the Persons concerned , are , for the most part , Strangers . And their Ships , and Goods , being apt to perish ; their prejudice may be irreparable ; if they have not Summar Iustice. And We do most particularly recommend to you , the Subjects of the Kings of Spain , and Sweden , with whom we have particular Treaties , which We shall send to you : And w●ose Ships , and Goods are to pass free ; they having such Passes , as are agreed upon , of which , We did send Copies to Our Privy Council ; and so We bid you Farewell . Given at Our Court at Whitehall , the twenty seven day of December , One thousand six hundred sixty and six . And of Our Reign , the eighteen year . By His Majesties Command , Subscribed thus , LAUDERDAIL . VVarrand for General Letters , for the Contribution due out of Benefices to the Lords . November 17. 1668. THE Lords have Ordained , and hereby Ordain , Letters , and Executorials of Horning , to be Direct at the Instance of these Ordinary Lords ; who have been admitted , since Iune 1663. or shall be admitted hereafter , against the Arch-bishops , Bishops , Priors , Heretors , Liferenters , Feuars , Farmers , Tennents , and Tacksmen of the Prelacies within this Kingdom : for payment to them of their respective proportions , of the Contribution Money , payable out of the saids Prelacies , and Allocat to their Predecessors : in whose place they have succeeded , by an Act of Sederunt , of the date , the 11. day of Iune 1663. and a Roll subjoyned thereto ; containing the particular division , of the Contribution Money amongst the saids Lords , and that for all Years and Terms , since their admission , and Entry , and Yearly and Termly in time coming . Oaths to be taken for the Price of Fowls . Ianuary 15. 1669. THE which day , It being represented to the Lords , That the Magistrates of Edinburgh , desired to know , whether they might warrantably exact the Oaths of the Poultrie-men , and In-keepers , concerning their contravention , of the Acts lately made for the price of Fowl drest and undrest . The Lords finds that the Magistrates of Edinburgh , may and ought to exact the Oaths , of the contraveeners of these Acts , either the Poultrie-people , who sell the Fowls undrest , or In-keepers● who sell them drest . And recommend to the Magistrates to be careful , in the speedie , and exact execution of these Acts. ACT anent extracts of Registrate writs bearing the Procurators named though not subscribed . December 9. 1670. THE Lords of Council and Session , do grant warrand to the Lord Register , and the Clerks of Session ; his Deputes to registrate such Bands , Contracts , and other Writs , as shall be given in to them to be registrat , and therein to insert the consent of Advocats , as Procurators to the Registration : as they were in use to do formerly● and accordingly to give out extracts thereof , notwithstanding that the Advocats do not subscrib their consent . And appoints this warrand to continue untill further order . Likeas , the Lords declare , that any Extracts given out by the Clerks , in manner foresaid ; since the first day of November last are warrantably given : and cannot be quarrelled upon that ground , that the Advocats consent to the Registration is not subscribed . ACT Anent Extracting Acts and Decreets . Ianuary 20. 1671. THE Lords enacted and ordained that no Act , or Decreet , done either in the Inner or Utter-house shall be extracted untill 24 hours elapse , after the same is read in the Minut Book . ACT against Magistrats of Burghs , forletting prisoners for Debt go out of the tolbooth . Iune 14. 1671. THE Lords considering , That albeit by the Law , Magistrats of Burghs , are oblidged to retain , in sure warde and firmance , Persons incarcerat in their Tolbooths for Debt . Yet hitherto they have been in use to indulge Prisoners , to go abroad upon several occasions . And it being expedient , that in time coming the foresaid liberty , taken by the Magistrates , of Burghs should be restrained ; and the Law duely observed . Therefore the saids Lords do declare , that hereafter it shal not be lawful to the Magistrates of Burghs , upon any occasion whatsomever , without warrand from His Majesties Privy Council , or the Lords of Session to permit any Person incarcerat in their Tolbooth for Debt , to go out of Prison , except in the case of the Parties sickness , and extream danger of Life : The same being always attested upon oath , under the hand of a Physician , Chirurgion , Appothecary , or Minister of the Gospel in the place : Which Testificat shall be recorded in the Town Court Books . And in that case , that the Magistrats allow the Partie only liberty , to reside in some house , within the Town during the continuance of his sickness : They being always answerable that the Partie escape not . And upon his recovery to return to Prison . And the Lords declare , that any Magistrats of Burghs who shall contraveen the premisses , shall be lyable in payment of the Debts● for which the Rebel was incarcerat : And appoints this Act to be intimat to the Agent for the Royal Burrows : and to be insert in the Books of Sederunt . His MAJESTIES Order to the Commissioners of His Thesaury to free the Lords from the Cess . Iuly 19. 1671. CHARLES R. RIght trusty and well beloved Cusing and Counciller , right trusty and well beloved Councillers , and trusty and well beloved , We greet you well . Vpon the humble desire of President , and Senators of Our Colledge of Iustice Signified unto Vs by Our Secretary . We have thought fit to express Our so great tenderness of their Priviledges , as to discharge the President , and all the ordinary Lords of Session , of their proportions of the Currant Supply granted unto Vs , by the late Session of Our Parliament ; although they gave their Bond for the same . Therefore Our pleasure is , and We do hereby Authorize you to give Command nor to exact any of the said Supply from the proper states of the said President , and ordinary Lords of Session , but that the same be discharged . And if any part thereof be already Collected , that it be payed back to them respectively ; for which this shall be your warrand . And so We bid you heartily Farewell . Given at Our Court at Windsor Casile the 12 day of Iuly , 1671. and of Our Reign the 23 Year . Subscribed thus by his Majesties command Lauderdail . ACT for keeping the Barrs November 3. 1671. THE Lords of Council and Session considering , that there is great disorder and confusion occasion●d by the thronging in of the Advocats men , and others upon the Clerks , and their Servants in the Utter-house before the ordinary Lord go to the Bench. And after twelve a clock at the reading of the Minut Book : For remeid whereof , they ordain the Minut Book in time coming to be read in the nethermost end of the Loft appointed for the Advocats Servants . And prohibit and discharge all Advocats Servants , and other persons , who are not licenced , and allowed to enter , or remain within the Innermost Barr of the Utter-house , where the Clerks , and their Servants stays ; under the pain of three pounds Scots , to be applyed the one half for the use of the Poor , and the other to the Macers . And to be further censured by imprisonment , or otherways as the saids Lords shall think sit . And to the end the said Act may be more duely observed . The Lord do ordain , authorize and require the Macers to exact the said ●ine of three pounds , Scots , from any Person whom they shall find within the said Barr. And in case the Party refuse to pay the same : that they carry them to Prison , untill they make payment thereof . Certifying the saids Macers , that if upon delation of them , by any of the Clerks , they shall be found negligent in performing of what is hereby enjoyned to them , they shall be fined in the said sum of three pounds Scots : and imprisoned during the pleasure of the Lords . And this Sentence to be inflicted upon the Macers , or other transgressors of this Act , as oft as they shall be found to contraveen the same . ACT concerning Priviledged Summons . Iuly 21. 1672. THE Lords considering , that divers Summons as declarators , and others , which by the constant from and practice of this Kingdom , did always abide 21. days warning , have of la●e been execute sometimes upon six days , as being priviledged by deliverance of the Lords upon Bills given in for that effect ; and seeing these Bills being d●awn and given in by Writers to the Signet , do passe of Course without perusal , or consideration thereof , by the ordinary , which hath given occasion to the foresaid abuse . And finding it expedient , that it be determined for the future , what Summons shall be Priviledged : Therefore the saids Lords do ordain , That in time coming , all Summons shal come in upon 21 days warning . And that none be priviledged by the Lords deliverance , or otherways , except these following , viz. Removings , Recent-spulzie , and Recent Ejections , where the Summons is Execute within 15 days after the comitting of the deed intrusions , and coming in the Vice , Causes alimentary , Exhibitions , Summons , for making arrested Goods forthcoming , Transferrings , Poyndings of the Ground , Waknings , Special Declarators , Suspensions , Prevento●s , and Transumpts . And that Recent-spulzies , Ejections , Intrusions and Succeeding in the Vice be execute upon 15 days : and that all the rest of the foresaids Summons be Execute upon six days : and that the second Citation be likewise upon six days . And it is further declared , That all the Summons above-mentioned shall be priviledged as a foresaid , whither the Summons bear a priviledge or not . And the Lords do hereby prohibit , and discharge the Writers to the Signet , to Write , Form , or Present to the Clerks to be put in any Bills for priviledging any Summons , but these above-expr●st ; Certifying such as shall coutrav●en , that for the first fault they shall be fyned in one hundred merks Scots , to be applyed for the use of the poor : and for the second fault , they shall be deprived of their Office. It is always hereby declared , that this Act is not to be extended to Summons execute against Persons Inhabitants of the Burgh of Edinburgh , or the contiguous Suburbs thereof , who may be Summoned by the second Citation , upon 24 hours , conform to the custom formerly observed . ACT anent payment of dues for Summons containing two dyets . Iuly 11. 1672. FOrasmuch , as the Lords , after mature d●liberation , did think fit , That the former custom of continuing Summons , and taking out of Act and Letters thereupon , in all such Causes , and Processes , as formerly did require and abide continuation , should be laid aside in time coming . And that in Place and Lieu thereof ; the Summons in all Process of the nature foresaid , should contain two distinct warrands , for citing the Defenders at two several times , and to two several dyets , and dayes of Compearance with the same Certification as before was usual ; and contained in the first and second Summons respective . And that Proc●ss●s should be granted in the Causes foresaids , upon Summons containing the warrands above-mentioned , and Execute conform to the same , as formerly was granted upon Summons , Act and Letters . And upon an overture given in , and approven by the Lords of Articles . An Act of Parliament hath followed , and is made to that purpose . As the Act of Parliament intituled Act discharging second Summons , at length proports . And seing the Lords of Session , when they had the said alteration of the former Custom , under their consideration , thought it no ways reasonable , that thereby , either His Majesties Secretary , or the Clerk of Register , or the ordinary Clerks of Session , his Deputes should be prejudged of their dues , and profits formerly belonging to them respective . And in regard , the Summonds which are to contain the said distinct warrands for Citation , are in effect , and upon the matter , two several Summons , and are equivalent to Summons , Acts and Letter , and have the same effect to all intents : and the profits formerly arising from all Acts of Continuation , and Letters thereupon , are a considerable part of the Dues belonging to the Lord Secretare , Lord Register , and his Deputs , for their Incouragement , and Service in their respective Offices● and upon the considerations foresaid , it was resolved . That notwithstand , ing , the said alteration , the same should be continued , and secured to them , in manner after mentioned . Therefore , and in order to their satisfaction : The Lords of Session does Statute and Ordain , That for the Signing of all Summons , which formerly did abide continuation ; and in lieu thereof , shall now , and hereafter continue the said warrands for two several Citations , the keepers of the Signet shall have , and may take as much as formerly he might have taken , both for Summons and Letters , while the same were signeted a part . As also it is hereby appointed , That all the saids new Summons , containing two distinct warrands for citing to the Defenders two dyets be subscribed by the Clerk of Register , or in his absence , by one of his D●puts , or the ordinary Clerks of Session , who at the subscribing thereof , are to receive for the same , the dues formerly payed , for Act , and Letters . And the Lords do hereby discharge the keeper of the Signet to affix the Signet to any of these new Summons , for two , or more Citations , but such as shall be subscribed by the Clerk of Register , or his Deputes , as said is : and that no Process be granted upon auy such Summons unlesse they be subscribed by them in manner foresaid . ACT concerning Bankrupts . Ianuary 23. 1673. FOrasmuch , as by an Act of Sederunt , of the 26 February , 1669. It is Satute an Ordained , that all Decreets of Bonorum in time coming , should contain a Clause , ordaining the Persons , in whose favour the Bonorum should be granted : To take on , and weare the habit of Bankrupts . Which is a Coat , or upper Garment , which is to cover the Parties Cloaths , Body and Armes : whereof the one half is to be of a Yellow , and the other half of a Broun Colour , and a Cape , or Hood , which they are to wear on their Heads , Partie-coloured , as said is , which habit , they are to take on , before they come out of Prison , and come out with it upon them . And that it shall be lawful to the Creditors , to seiz upon , and imprison any of them , who shall be found wanting the foresaid habit . And the Lords considering , that this Course , for preventing , and punishing of Bankrupts , hath through the in-observance of the same , proven ineffectual , as to the designed end of the same , do therefore statute , and ordain , That all Decreets , of Bonorum , and Charges to put at liberty , to be raised thereupon , shall thereafter contain the hail tenor of the Act of Sederunt above-written . And that the Magistrats of Burghs shall not put out the Partie in whose favours the Decreet , and Letters are granted , untill first they put on the habit , and come out of the Tolbooth , betwixt 9. and 12. a clock in the Fore-noon , with the habit on them , as is prescribed by the Act. And ordain the Clerks of the Session , the Keepers of , and Writers to the Signet ; and others having interest , to be careful , that this Act be punctually observed . And ordain a Coppy thereof to be delivered to the Baillies of Edinburgh , to be Registrate in their Books , and keeped for the entry , and liberty of Prisoners in their Tolbooth . ACT ordaining Advocations , or Suspensions , of Processes for Conventicles to be only past in presentia , or by the three Lords in vacant time . Iune 24. 1673. THis day the Lords ordained , that no Bill of Advocation be past of any Processes depending before the Sheriffs and other Judges ordinary , against Persons guilty of keeping Conventicles , unless the same be past in presentia , during the sitting of the Session , or by three Lords met together in time of Vacancie , and that no supension be past of Decreets given upon those Processes , except upon Consignation of the sums decerned , or in presence of the whole Lords , or in time of Vaca●cie by three Lords . And appoint Intimation hereof to be made to the Clerks of the Bills . Letter anent Prizes . Iuly 8. 1673. THis day the Lord Chancellor produced , in presence of the Lords , a Letter directed from the Duke of Lauderdail Lord Secretary , by His Majestie 's Command to the Lord Chancellor , President , and remanent Senators of the Colledge of Justice , which Letter being Read in presence of the saids Lords : they ordained the same to be Recorded in the Books of Sederunt , whereof the tenor follows . For the right Honourable . The Earle of Rothes Lord Chancellor of Scotland , Sir James Da●ymple of Stair President of the Colledge of Iustice , and the Remanent Senators thereof : Whitehall , Iune 30. 1673. My Lords , Since the Receit of Yours , of the 25. January , I have been using my best Endeavours to know how to satisfie your Lordships desire therin . And now having acquainted the KING t●erewith , in presence of divers of his Council here ; I am commanded by His Majesty , to let you know , that the Treaty of Breda is certainly void by the War : and that no Ally can claim any benefite thereby , when they carry any provision of Victual , or other Counterband Goods to the Ports of Our Enemies , or when they have Goods belonging to Enemies on Board . As to the other part of the Letter , it was deliberatly thought fit in the Council of England , That any number of the Dutch Nation being found aboard , should not confiscat Ship and goods , as it did during the last War , and therefore , that Article was kept out of the Rules , which were given to the Court of Admiralty here in England . But if any part of the Ship belong to any Inhabiting within the Dominions of the States-general ; the whole both Shipe and Goods are to be declared Prize , and if the Master have his Residence in Holland , you are left to judge in this case according to Law , and as you shall think just . I have likewise communicated to the KING your answers to the Swedish Envoys memorial . And to the Complaints of the King of Polland , and the City of Danzick , which did give a great dale satisfaction to His Majesty , and severalls of His Privy Council there , who were present● And Coppies of them were sent unto Sweden . I am , my Lord , your Lordships most humble Servant , Sic subscribitur LAUDERDAIL . ACT for ordering new hearings in the Vtter-house . Iuly 11. 1673. THE which day , the Lords ordain any Lord , who is to hear a Cause debated in the Utter-house , before the Lord ordinary come forth ; shall go to the Bench , and call the said Cause at 8 a clock in the morning : And ordain the Advocats , Clerks , and Macers , to be present , and attend at the said hour : and if no Procurators be present , for that Partie , that seeketh calling ; yet the said Lord shall proceed , in making Act or Decreet ; and the said Cause is not to be heard any more thereafter . And if none be appearing for the other Partie , at the said hour , or when the Cause shall be called : then that Parties Procurators are not thereafter to be heard by the said Lord , except the said Party , or his Procurators give in two Dollers to the poor's Box. And ordain this Act to be recorded in the Books of Sederunt , and intimate to the Advocats in the Utter-house . Letter from His Majesty against Appeals . Iune 17. 1674. THis day the Lord Thesaurer Deput produced , in presence of the saids Lords , a Letter , direct from His Majesty , to the Lord Chancellor , Lord President , and Remanent Senators of the Colledge of Iustice. Whereof the tenor follows . CHARLES R. RIght trusty aud well-beloved Cusing● and Councilers , Right trusty and well-beloved Council●rs , aud trusty and well-beloved . We greet you well , We received your Letter of the 28 February , Last , with an accompt of these Appeals , given into you by the Lord Almond , and Earl of Aboyne , but could not then return any answer , the Session being up . And now upon full consideration of that whole affair , We find it indispensably necessary , for Our Service , and the mentainence of Our Authority , and for the quiet and security of Our Subjects in their Fortuns and Estates , That the honour , aud Authority of Our Colledge of Iustice be inviolably preserved : and that there be an intire confidence in , and def●rence to all the Decreets and Sentences thereof . And after the Laudable Example of Our Royall Progenitors ; We do assure you , that We will constantly mentain Our Authority exercised in that Court , against all Incroachments , Indignities and Reproaches , that may be attempted against the same , or against any of the Lords of Session , whom We shall always cause to be held in special Honour , as these who represent Our Person , and ●ear Our Authority . And as We cannot but declare Our dis-satisfaction with , and abhorance of these Appeals : So it is Our express pleasure , that special care be taken to prevent the like practices for the future ; and for that effect , that you cause solemn Intimation to be made , to all Advocats , Clerks , Writeres and others , who are members of , or have dependence upon the Colledge of Iustice , and others whom it may concern , That none of them presume to advise , consult , propose , plead , speak , or suggest any thing , that doth import the charging of any of the Decreets , and Sentences of the Lords of Session , with In-justice , whether in the Terms of Appealls , Protestations , Supplications , Informations , or any other manner of way , either publickly , in the exercise of their Function , or privately in their ordinary conversation with their Clients , or others , under the pain of being utterly excluded , from exercising any Office , in , or , depending upon the Colledge of Iustice : and that all Advocats to be admitted hereafter have the same declared to them , as a part of the Oath de fid●● , and obedience to the Lords , which is ●e●customed to be given by Advocats at their entrie . And We are graciously pleased , that you proceed no further against those who gave in these late appealls , nor ●ga●st these Advocats , who refused to give their Oaths concerning their accession thereto , providing these Advocats do som●nly disown these appealls , and all other appealls , and Protestations , which may any way import a Charging of the Sentences of the Lords , or their In●e● locutors with un-justice , and in case they refuse to disown the same , We peremptorlie command you to debar them from the Ex●rc●se of any part of their Function as Advocats in time coming . And We do Authorize● and strickly Command you to declare any membe● of the Colledge of Iustice , or others , who depend thereupon , who shall not give ob●d●ence in the particulars above-mentioned , incapable to exerce any Office in , or depending upon the Colledge of Iustice : and for the better discovering cont ivances , you are to receive no Supplications , but such as are signed by an Advocat . As also you are hereby required , if need bees , to put all who depend upon the Colledge of ●ustice to give their Oaths , as Parties , or Witnesses for d●scovering the contrivances : and in case any other , having no dependence upon the Colledge of justice , shall present any thing Expressing , or Importing the cha●ging of any of your Sentences , with Injustice in the Terms foresaid , or any other way . We do Auth●rize , and Command you , that you do immediately secure their Pers●ns , if they be pres●nt , and if they be absent , that you isue forth Charges , and all other Execution against them for that effect , And that you give an accompt thereof to Us● That We may signifie Our further pleasure therein . For doing of all which , this shall be your sufficient warrand . And so We bid you heartily Farewell . Given at Our Court , at Whitehall the 10 May , 1674. And of Our Reign the 26. year . Sic Subscri●itur , By His Majesties Command LAUDERDAIL . Iuly 23. 1674. ACT concerning Acts before answer . THE Lords considering , That in several Cases , they are in use before discussing of the Relevancy of the points debated , to ordain the Parties Pursuer , or Defender , or either of them , to produce Writs , or to prove certain Points of fact , that they may have the whole matter intirely before them , both as to the Relevancy , and Probation ; whereupon Acts are Extracted : Which are called Acts before Answer . And in reguard Questions do , and may arise , concerning the import and effect of such Acts , if the Parties be thereby so concluded , as they may not thereafter propon new alledgances ; and what Terms , and Dyets should be allowed for Probation : and seing it will be a great prejudice to the Leiges , if after Acts Extracted , and Probation led thereupon , Parties , or their Pocurators should be permitted to to offer new alledgances , not formerly insisted on in the Act : for Probation whereof , new Terms behoved to be asigned , and thereby Processes would be drawn to a great length . Therefore , the saids Lords do ordain the Parties Procurators to propone all their alledgances in the Cause before , or at the time of pronouncing these Acts , before Answer . And declare , that after these Acts are Extracted ; they shall not be heard to propone any new alledgances which were competent , but omitted to be proponed when the Act was pronounced . And the Lords declare , That , where the Parties Pursuer , or Defender are , before answer to the relevancy burdened with the Probation of any point : they shall have the same Terms , or Dyets , for Probation thereof , as by the constant practice is allowed to Pursuers for proving their Lybells , when the same are admitted to their Probation ; but if in the same Acts , any point be found relevant , and admitted to Probation : that the Parties Pursuer , or Defender to whose Probation the same is admitted , shall have the same Dyets for proving thereof , as are allowed to them respectivè , in Acts of litis contestation . But after the Probation upon the saids Acts is closed , they shall not be admitted to adduce any other probation , of any points formerly alledged in the Act. And further , the Lords declare , that where any Alledgance , or Reply is founded upon Writs , and that before Answer there to , the Writs are ordained to be produced , in case the Party burthened with the producing of these Writs shall fail therein and thereupon the Term shall be circumduced against him , that the alledgance , or reply in the Case foresaid shall be holden as not proponed . ACT for tryall of those presented to be Ordinary Lords of Session : Iuly Last 1674. THE Lords considering , That the KING' 's , Majestie , by His Letter , May 19. last , did require them , to present to His Majesty , what Tryal they should think best and firest to be taken , for Cognoscing the Qualifications , and sufficiency of such Persons , as His Majesty shall hereafter Nominat to supply any Vacant place in the Session , and the saids Lords , in answer thereunto , having offered their humble opinions . That thereafter , when any new Lords of Session shall be presented by His Majesty , for tryal of their Qualifications : they shall sit three days beside the ordinary , in the Utter-house , and shall have inspection of the said Processes , which shall be carried to Interlocutor ; and shall make report of the Points taken to the Interlocutor , in presence of the whole Lords . As also for compleating their Tryal , they shall sit on day in the Inner-house , and after any Dispute is brought to a Period , and the Lords are to advise the same , in order to the pronouncing their Interlocutor ; they shall resume the Dispute , and first give their opinion there anent , in presence of the whole Lords . Likeas , His Majesty by His Letter , of the 14. of this instant , having approven the foresaid Rule offered , for the Tryal of such as shall be presented by His Majestie , as ordinary Lords of Session , and appointed it to be entred in the Books of Sederunt , for that purpose . The said Lords , in obedience to His Majesties commands , do ordain the same to be observed , as the constant Rule in all time coming , for Tryal of such Persons , as shall be presented by His Majesty to be ordinary Lords of the Session . And ordain these presents to be Recorded in the Books of Sederunt . Ianuary 26. 1675. THIS day compeared Personally , George Marque●s of Huntly , in presence of the Lords , and declared , that he having given Commission to divers of his Friends , for managing his affairs during his absence forth of the Countrey , who , as he was informed had given in an Appeal in an Action pursued in his Lordships name against Gordon of Carnborrow ; and craved that in regard he doth passe from the said Appeall , that warrant might be given to deliver up the same to him . Which desire the Lords granted . ACT concerning Prisoners for Debt . February 5. 1675. THere being an Address made to the Lords of Council , and Session by the Keeper of the Tolbooth of Edinburgh , representing , That Persons imprisoned in the said Tolbooth for Debt , upon Captions , having obtained discharge of the Debt , are pressing to be liberat , upon production of the discharge , without a Charge to set at Liberty , which he refuses to do , al●●it the same be usually done , by the Keepers of other Tolbooths . And particularly , by the Jailor of the Tolbooth of the Canongate ; and therefore d●siring , that the Lords would allow him the same priviledge , which is assumed by the Jailor of the Tolbooth of the Canongate , or otherways to determine what both of them ought to do herein . And the saids Lords having taken the general Case to their consideration , and finding , that where the Debt , for which Persons are Incarcerat , is in-considerable , the Expenses of procuring ● Charge to set at Liberty will sometimes near equal the Debt it self , the Prisoners being also poor , and not able to satisfie the saids Expenses ; Therefore , the saids Lords do Authorize , and allow the Magistrates of Burghs , to set at Liberty out of their Tolbooths , Persons imprisoned for Debt , by vertue of Letters of Caption , upon production of a sufficient discharge of the Debt , granted by the Creditor , at whose instance they are incarcerat , bearing a Consent to the Debitors Liberation , and duly registrat , if the sum do not exceed two hundred merks Scots , and the Prisoner be not arrested at the Instance of other Parties , the Magistrats , or Keeper of the Tolbooth , being always careful to keep an Extract of the said discharge ; and finds no necessity , in this Case of a Charge to set at Liberty . But if the sum , for which the Debitor is Incarcerat , exceed two hundred merks Scots , the Lords discharge the Magistrats of the Burgh to Liberat him out of Prison , without a Suspension , and Charge to set at liberty under His Majesties Signet . February 9. 1675. ACT anent Bills of Suspension . THE Lords finding it expedient , That some setled Rule , and Order be set down , concerning the presenting and passing of Bills of Suspension ; That any abuses which of late have creept in , may be prevented in time coming , do ordain : that hereafter , in time of Session , no Bill of Suspension shall be presented to any Lord to be past , but to him who shall be ordinary Lord for the time upon the Bills , and that both in time of Session , and Vacancy , the Ordinary shall continue upon the Bills , from Tuesday to Tuesday , in the inseuing week . And ordain the Bills to be presented only by the Clerk of the Bills , or his Servant ; and when the Bill of Suspension shall be presented , if the Ordinary , after the perusal thereof , find the Reasons relevant , and sufficiently instructed , that he passe the Bill . And in case application shall be made to him by the other Partie concerned , for a hearing ; the Ordinary shall Writ towards the foot of the Bill ; that before the Bill of Suspension be expede , and go to the Signet , the other Partie shall see and answer , and in that Case he may stop execution for sometime , not exceeding a moneth from the time of presenting the Bill . And if the Ordinary shall re●use the Bill of Suspension , he shall mark upon the back of the Bill with his own hand , that the Bill is refused , in respect the Reasons are either not relevant , or not instructed ; which Bill the Clerk is thereby ordered to keep , and mark with his hand , upon the back thereof , what Writs are produced for instructing the Bill . And if the same Bill , or any new Bill of Suspension upon that matter shall be desired to be presented to another Lord being Ordinary for the time , the Clerk shall present to the Ordinary , the Bill of Suspension which was formely refused . In which Case the Ordinary is not to passe the Bill , untill it be presented to the whole Lords in time of Session , or to three Lords met together in time of Vacancy . ACT ordaining Processes after Avisandum to be carried to the Ordinary that same day , and reported in his Week . Iune 2. 1675 : THE Lords considering , the inconveniences arising from the giving up of Processes to Parties , or their Advocats , after the same are taken to Interlocutor , the reporting of Causes being thereby much delayed , and it being contrary to the ancient Custom ; Therefore , the saids Lords ordain , that in time coming , after any Cause is dispute before the Ordinary , in the Utter-house , and an Avisandum made therein to the Lords , that the Process shal that same day be carried by the Clerk , or his Servants to the Ordinary , that he may peruse the same , and that he may endeavour to report to the Lords , the points taken to Interlocutor the next day thereafter ; or at fardest once in his Week . And the Lords discharge either the Ordinary , or the Clerk to give up , or lend out to the Parties , or any Person for them , the Processes , or any part thereof , after an Avisandum is made therein to the Lords , or when the Ordinary shall call for the Process , to consider it himself . And if any Act or Decreet pronounced by the Ordinary shal be stopped upon the desire of any of the Parties , for a new hearing , that the Lord who formerly hard the Cause , shall go to the Bench in the Utter-house , betwixt 8. and 9. a clock in the morning before the ordinary come out , and call , and hear the Parties Procurators , wherein the Lord was Ordinary the immediat preceeding Week shall have the preference before any other Lord , who was Ordinary in any of the former Weeks . Likeas , the Lords discharge any writen Dispute upon Bills of Suspensions , or Advocation , but where the Ordinary upon the Bills , shall think fit to allow a Bill , to be seen , that he call the Parties the next day and hear what they have to say , viva voce , without taking in written answers . Hugh Riddel sent to the Pla●tations . Iuly 20. 1675. THE which day , anent the Petition given in to the Lords , by Iohn Riddel Merchant in Edinburgh , shewing that , Heugh Riddel , the Petitioners only Brother , having committed an unexcusable Crime ( Whereat the Supplicant blushes ) in cutting some Silver-buttons off a Gentle-mans Cloaths , in the Utter-house , during the time that the Lords were sitting ; and being therefore committed to Prison , the saids Lords have most justly ordered him this day to be brought by the publick Executioner , from Prison , to the great door of the Session House , at 9. a clock in the forenoon , and to stand till 10. a clock , with a Paper on his Fore-head , expresing the Crime whereof he is guilty : and thereafter to be taken by the foresaid Executioner to the Trone , and there to stand with that Paper on his forehead , from ten to eleven a Clock : Which Sentence , the Supplicant acknowledgeth to be less then the said Hugh Riddel deserveth ; only he being a young man , and related to honest Parents , and the Supplicants Brother , and never known to have been addicted to any such base Acts formerly : albeit the Petitioner and his Friends , are ashamed in his behalf , to plead any exemption from his deserved punishment , which his riper years may cause him detest and abhore , as an offence to the saids Lords , and Scandal to his Friends , and prejudice to the Party offended : which the said Party offended , willingly forgiveth , out of respect to his Friends . Therefore humbly desiring , that the saids Lords , for preventing such a publick Stain upon the Petitioner and his Friends , by the said publick disgrace upon a youth of his years , would be pleased to 〈◊〉 his Sentence , as to the way and manner of the disgrace , and infamy , by 〈◊〉 his Imprisonment upon the Supplicants Charges , till there be an occasion for Transporting of him beyond Seas , or where the saids Lords shall judge convenient , whether by way of banishment , or otherwise , during then Pleasure , for which effect the Supplicant shall be obliged by Bond , if the Lo●ds shall require the same : and in the mean time , to be favourably pleas●d to discharge the Execution of the said Sentence . Which Supplication being considered by the s●ids Lords ; they by their deliverance thereupon , of the 16. of thus Instant , granted Warrant to the Magistrates of Edinburgh , to continue the execution of their Sentence , pronounced against the said Hugh Riddel , until VVednesday the 21. of this Moneth : betwixt and which time , if he should find sufficient Caution , to conti●●e in Prison upon his own Charges , until an occasion shall offer for his Transportation , to his Majesties Plantations in America , and that he shall then remove to the saids Plantations , and not return to this Kingdom , under the pain of five thousand merks , Scots Money , to be disposed of as the saids Lords shall think fit , in case he contraveen : In that case , the Lords declare , they will dispense with the execution of their former Sentence : and if Caution were not found , to the effect foresaid , betwixt and the said day , they ordained the former● Sentence to be then put in execution . Likeas , this day the Lords having considered a Bond of Cautionry produced , subscribed by the said Iohn Riddel , dated the 19. day of this Instant ; and finding the same to be conform to their foresaid deliverance : therefore they have dispensed , and hereby dispense with the execution of their former Sentence , pronounced against the said Hugh Riddel , upon the 15. Instant ; and grants Warrant to the Magistrates of Edinburgh , to deliver the Person of the said Hugh , to the said Iohn Riddel , when he shall desire him , in order to his Transportation . ACT anent passing of Bills for liberty out of Prison . Iuly 21. 1675. THE Lords considering , that oftentimes , where Parties have done ultimate diligence against their Debitors , by apprehending them with Caption , and Incarcerating them : Bills of Suspension and Charges to set at liberty are presented , and past in favours of these Persons , without the knowledge of the Creditors , at whose Instance they are Incarcerat , and to their great prejudice , thereby frustrating the diligence done by them : For remeid whereof , the Lords ordain , That in time coming , when any Person intends to give in a Bill of Suspension , and Charge to set at liberty , that he shall make previous Intimation of the same , to his Creditor , at whose Instance he is Incarcerat , or arrested in Prison , Personally , or at their dwelling place by a Nottar , before Witnesses , mentioning the time when the Bill shall be presented , in case the Creditors be within the Kingdom for the time : and that the Instrument of Intimation to the Creditors , under the Nottars hand , be produced , with the Bill of Suspension , and Charge to set at liberty , when the same is presented to the Ordinary upon the Bills : otherwayes that the Bill be not past . And the Lords ordain the Intimation to be special , in the time when the Bill shall be presented , being within the latitude of a Week , that the Creditors may be at a certainty , when to attend the same . ACT concerning the granting of Protections . February 1. 1676. THE Lords considering , that divers Persons who are under the hazard of Caption for Debt , pretending that they are cited to bear Witnesse in Processes , depending before the Lords , do upon production of a Charge given to them for that effect , under Messengers hands , procure Warrants from the Lords , to Discharge the execution of Letters of Caption , and Acts of Warding , against them for some time , albeit they be not made use of as Witnesses ; but only the said Charge impetrat by them from a Messenger , that they may obtain the foresaid Warrant . For remeid of which abuse , the Lords declare , that in time coming , they will grant no Warrant for stopping of execution , of Letters of Caption , or Acts of Warding upon that ground , that the Craver thereof is cited as a Witness in a Process , unless , with the Petition , there be given in a Declaration under the hand of the Party Pursuer , or Defender , who adduces the Witnesses , bearing , that the Person who desires the said Warrand is really cited at his instance as a VVitness , and that he is a necessary VVitness : And the Lords declare , they will fine the Party who gave the said Declaration , if at the conclusion of the Cause , it appear that there was Collusion in giving the same ; it being only done , that the said Person might obtain a Personal Protection . His Majesties Letter concerning the Clerks . Iune 20. 1676. CHARLES R. RIGHT Trusty and well beloved Cousins and Counsellers , Right Trusty and well beloved Counsellers , and Trusty and well beloved , We Greet you well : We have often evidenced Our Affection to , and Care of you , the Senators of Our Colledge of Iustice ; and as VVe have Trusted you with the Distribution of Iustice , and the preservation of the Rights and Properties of Our Subjects in that Kingdom , according to Law ; and are very confident of your equal and expedite procedor in Iustice , to all Our Subjects , which is the most acceptable Service you can perform to Vs : So VVe will suffer none of Our Subjects to reproach your Procedor ; much lesse these who serve before you , and by your Favour and VVarrand , have the priviledge to procure and plead for others , who ( if they should be permitted to defame your Sentences ) might prove the unhappy Instruments to lessen the Honour and Confidence which hath been alwayes attributed to that Senate by Natives and Strangers , and might diffuse the Leaven of Male-contents amongst Our People , as if their Rights and Interests were not securely lodged ; and thereby make them more capable of evil Impressions , and desirous of change . And We do Require you by all means to suppresse and prevent all mutinous Courses , which you have prudently adverted to , and obviat by your Act of Sederunt , of the 5th . of January last , wherewith We are very well satisfied . And We do leave the Advocats , and others of the Colledge of Justice , to be Ordered by you in all things relating to their Imployments . And We do further Require you to prevent and punish all Conbinations , and unwarrantable Correspondences amongst Advocates , whereby they may forbear or refuse to Consult , Plead , or concur with these who did so faithfully adhere to Our Service ; and did continue in , or early return to their Station ; and as further Evidences of Our Royal Favour , We do Ordain , That the three Clerks of Session , who do expede your Decreets , shall be nominate by the Senators of Our Coledge of Iustice , in all time coming ; and that they be subject to their Sensare , and that the Clerk of Register give them Deputations from time to time : and in case of Vaiking of the Clerk of Registers Off●●● , We do Authorize the saids Clerks of Session , to Act by your Warrand , as they shall be Ordered by you , without prejudice , to the Clerk of Register , of all other Benefite , and Emolument belonging ●o , or depending upon that Office. And it is Our further Pleasure , that in all time coming , there be only three ordinarie Clerks of Session , besides the Clerk of the Bills , according to the ancient Constitution , and that of the number that now serve you , make choice of three that shall still serve ; and that you modifie such Satisfaction , to be payed by those that remain , to those that are to go out , as you shall find just and reasonable ; and so We bid you Farewel . Given at Our Court at Whitehall , the twenty fourth day of May , One thousand six hundred seventy and six . And of Our Reign , the twenty eight year . Subscribed thus , by His Majesties Command , LAUDERDAIL . ACT concerning the Registers . Iuly 4. 1676. THE Lords having considered His Majesties Letter , direct to them , bearing , that whereas by His Majesties advancing Sir Archibald Primerose of Caringtoun , late Clerk Register , to the Office of Iustice-General , the Office of Clerk Register is now Vacant ; and seing His Majesty hath thought it necessar for the advantage of His Service , and for the good of His Subjects , that the hail publick Records of this Kingdom , which are , and were in the Possession and Custody of the late Clerk Register , or his Deputs and Servants , be put and keeped in good Order : Therefore His Majesty , impowers and authorizes the saids Lords , to take special care , and see that the same be effectually done ; and to that effect , that they appoint some of their number , to take inspection thereof : and by themselves , and such as they shall imploy under them , to put , and continue them in good Order . And His Majesty authorizes the saids Lords , and those of their number , appointed by them , to receive the hail publick Registers and Records from the late Clerk Register , upon such account and Inventar , as they should find just , safe and secure : and which being effectually gone about , and done , that they render to His Majesty , or to His Secretary , for His Majesties perusal , a full and exact account of their diligence therein , to the end , His Majesty may thereafter , declare His further Pleasure ; and for effectuating hereof , that the Lords in His Majestie 's Name , and by His Authority , Require the late Clerk Register and his Deputs and Servants , to exhibite and produce the saids hail Records to them , or those appointed by them , immediatly after receipt of His Majesties Letter . The saids Lords in pursuance of His Majestie 's Command , do nominat and appoint the Lords Thesaurer Depute , Collingtoun , Reidfoord and Newtoun , or any two of them , to meet at such times as they shall think convenient , and to take inspection of the hail publick Records of the Kingdom , which are , or were in the Possession and Custody of the Lord Caringtoun , late Clerk Register , or his Deputs and Servants , and by themselves , or such as they shall imploy under them , to put , and continue the same in good Order ; and authorize the Lords above-named , to receive the saids hail publick Records from the Lord Caringtoun , upon sufficient Account and Inventar : and to that effect , the Lords in His Majesties Name , and by His Authority , do Require the Lord Caringtoun and his Deputs and Servants , to exhibite and produce the saids hail publick Records , to the Lords above-named , or any two of them , whem they shall desire the same ; and allows the said Lord Caringtoun , or any Person whom he shall authorize to be present at the Inventaring of the saids Registers , to the end , obedience may be given to His Majestie 's Letter in all points . ACT for Inventaring the Registers Books . Iuly 13. 1676. THE which day , the Lord Thesaurer Depute , Collingtoun , Reidfoord and Newtoun , made report to the Lords , that conform to the Warrand given to them , they had met with the Lord Caringtoun , late Clerk Register , and had delivered to him the Ordinance , past by the Lords upon His Majestie 's Letters , concerning the Registers , and had taken a view of the hail Records in his Custody , in the Parliament-House , and in the Castle of Edinburgh ; and that the Lord Caringtoun declared● he would deliver the same , either upon Inventar , or in bulk without Inventary upon oath , that he has Abstracted none of them , as the Lords should think fit to order , he being exonered of the saids Registers : but they found the Warrans to be so many , and not in order that it would take a long time to Inventar them ; which report being considered by the Lords , they in pursuance of His Majesties Commands , do ordain the whole Register Books , which are in the said Lord Caringtoun's Custody , to be presently Inventared by Iohn Anderson Writer in Edinburgh , and any others who shall be appointed by the Lords above-named , who shall give their oaths , that they shall faithfully discharge this Trust , according to such Directions as they shall receive from these appointed by the Lords : and ordain the Inventary to bear , What each Book contains in general , at what time it● begins , and when the same ends , and if there be any blanks in , the Books , that the same be marked in the Inventary : And ordains the said Lord Caringtoun , to give the said Iohn Anderson , or any others to be appointed by the saids , Lords , access to the saids Registers , to the effect foresaid , and allows him , or any he shall appoint , to be present at the said Inventaring : and after the said Inventar shall be made , the Lords do impower those of their number above-named , or any two of them , to to take the oath of the Lord Caringtoun , if he hath any more Register Books , Records , or Warrants , then are in the Rooms in the Parliament-House , and Castle of Edinburgh , whereof he is to deliver the Keys , and if he abstracted , or embazeled any of them , or if they be all intire , as he received them , or as they came at any time thereafter to his hands . And likewise ordain any of his Servants , intrusted with the keeping of the saids Registers , to be examined upon oath thereanent : and thereafter ordain the Lord Caringtoun , to deliver the Keys of the Rooms , or Presses where the saids Registers and Warrands are , to these of their number , appointed to receive the samine : Which Inventary being made , and the Lord Caringtoun giving his oath , and delivering the Keys● as said is : the Lords ordains the said Lord Caringtoun to be Exonered , and Discharged of the saids Records , and of his Trust in keeping of the same ; and ordain an Act of Exoneration to be extended thereupon , in his Favours . The Lords do ordain the Inventar of the Register Books , to be set down in order in time coming , and according to the several matters contained therein . First , of the Records , of Parliament . Secondly of the Records of Council . Thirdly , the Registers of Session : and amongst them of Registrate Writs a-part , of Decreets and Acts a-part , and of Books of Sederunt . Next to these , the Registers of Exchequer . Then the Registers of the Chancellory . And thereafter , the Registers of Seasins , both the general Registers at Edinburgh , and the special Registers of the Shires . And in all , to keep the order of time . As for the Warrands of the Registers of Session , since the year 1660. they are yet in the hands of the Clerks of Session . And the former Warrands being in great Masses , without any Order ; the Lords do appoint , that the said Masses be sorted , putting the Registrat Writs together , and the Processes together ; and that the number of them both be taken and set down , that thereafter they may be also digested , according to the Order of time . It is appointed , that so soon as the Inventary shall be perfected , it shall be insert in the Books of Sederunt . ACT anent the manner of Booking Decreets of Registration . November 21. 1676. THE Lords considering that where Registrations are persued by by way of Action , it is , and hath been the custom of the Clerks , to keep in their hands , the principal Writes , decerned to be Registrate in the same manner as they do , where Writs are Registrat upon the Parties consent . Therefore the Lords ordain , that these Decreets of Registration be Booked together , with Bonds , Contracts , and other Writes , which are Registrat upon the Parties consent , according to the date thereof ; and that the Process be keeped with the Warrants of the Registrat Writes . ACT anent the Registers of Seasins and Hornings in the several Shires . Ianuary 4. 1677. THE Lords considering , that by the Act of Parliament , in Anno 1672. Concerning the Regulation of Judicatories ; the Keepers of the Registers of Hornings , and Inhibitions , and Seasins , and Reversions in the several Shires , are ordained to make exact Minut-books , relating to these Registers , in manner prescribed in that Act : and the Sheriff , Bailzie of the Regality , or Royalty , or their Deputs , with two Justices of Peace , if they be present , are appointed at the times expressed in the said Act , to take inspection of the saids Registers , and the Minut-books relating thereto , and after Collationing thereof , to Subscribe the Minut-book , under the Penalty of an hundred Pounds Scots , for ilk Failzie , in not meeting , and comparing the saids Registers . And the saids Lords to whom the care of seeing the Premisses done , is committed by the said Act , having by Missive Letters , of the 31. of Iuly last , direct to the several Sheriffs of this Kingdom , required them by themselves , or their Deputs , to go about the performance of what is enjoyned to them by the foresaid Act , and to return a satisfactory account of their diligence , the first day of November thereafter , now by-past : certifying them if they failed , they would be charged with Letters of Horning , for the Penalties contained in the said Act : and seeing the Sheriffs of the Shires after-mentioned , and their Deputs , viz. of Argile Renfrew , Wigtoun , Bute , Peebles , Sel●irk , Perth , Kincardin , Aberdene , Nairn , Sutherland , Caithness , Berwick , ●or●ar and Inverness , The Stewart of Kirkcudburgh , and the Stewart of Orkney , have not returned report to the saids Lords , of their diligence in the Premisses : therefore the Lords do ordain Letters of Horning to be direct against the saids Sheriffs and Stewarts , and their Deputs , Charging them to meet , and to compare the Registers of Hornings , Inhibitions , Seasins and Reversions , in their respective Shires , with the Minut-books relating thereto ; and after Collationing of the same , to Subscribe the Minut-books , conform to the said Act of Parliament , and to make report of their diligence therein to the saids Lords , betwixt and the twenty day of February next : and likewise Charging them to make payment to Sir William Sharp , His Majesties Cash-keeper , of the Penalties already incurred by them , viz. an hundred Pounds Scots , for ilk by-gone Failzie , in not meeting and comparing the saids Registers , at the times exprest in the said Act of Parliament , and that within the space of fifteen dayes after the Charge , as to such of the saids Sheriffs and their Deputs , who reside upon this side of the River of Spey : and upon twenty one dayes , as to those who reside benorth Spey . ACT concerning Arrestments . February 1. 1677. THE Lords considering the great prejudice to Creditors , and delay of Justice , occasioned by Arrestments , proceeding upon Decreets , which are not ordinarly loused , whereupon Debitors do procure delay of the Decreets at the instance of their Creditors against them , before the same be extracted , whereby lawful Creditors are hindered in recovering their j●st Debts , until a several Process of double Poinding , calling the Creditors and Arresters to dispute their Rights , be raised and determined ; which , if they should come in as distinct Processes , by the course of the Roll , would take a long time , during which , the principal Cause behoved to ●ist . For remeid whereof , the saids Lords do declare , that they will receive all double Poindings , for purging of Arrestments , as incident Processes with the principal Cause , without any new Inrolment ; and do further declare ; that if the Arrester proceed not in Diligence , by an Action for making forthcoming , whereby his Debitor may be Certiorat of the Arrestment , and may raise double Poinding in the name of his Creditor , in whose hands the Arrestment is made , that they will grant no delay , upon pretence of such Arrestments , albeit upon Decreets : But that the same shall be purged by Caution , to be found by the Creditor to warrand the Debitor , at the hands of the Arrester , and that upon pretence of the Caution found , they will not grant Suspension , except upon Consignation , after Distress by Decreet . Likeas , the saids Lords do declare , that they will grant no Suspension upon Arrestments , laid on after extracting of Decreets ; whether upon Decreets or Dependences , but by way of double Poinding ; that thereupon both the Creditor and Arrester may be called . ACT concerning Advocats . Iune 7. 1677. THE Lords having called in the whole Advocats , did intimate to them , that whereas His Majesty had by a Letter , of the 24. of May , 1676. required the saids Lords to prevent and punish all Combinations and unwarrantable Correspondences amongst Advocats , whereby they may forbear , or refuse to Consult or Concur with these who did faithfully adhere to his Majestie 's Service , and did continue in , or early return to their Station . Which Letter , immediatly after receipt thereof , was publickly read before the whole Advocats , notwithstanding whereof , some Advocats do refuse , or forbear to meet with others of the same Station , and jointly Consult their Clients Causes : which being contrair to the Custom , always formerly observed , and very inconvenient and prejudicial to the Leidges , who are thereby put to Consult their Advocats severally , and have not the benefit of their joint Advice , as to the matter and manner of carrying on their Causes , whereof the Lords have seen instances in their own presence , by some Advocats , their difiering and disclaiming the alleadgences proponed by others for the same Party : For remeid whereof , the Lords declare , that if any Advocat in time coming , upon the account of Personal prejudice , or any other pretence , shall re●use or forbear to Consult or Concur in the capacity of an Advocat , with any others , whom the Lords do , or shall authorize to be Advocats , that they shall be removed from their Imployments . ACT concerning the sisting of Execution upon Bills of Suspension . Iuly 3. 1677. THE which day , the Lords considering that sometimes after Bills of Suspension are past , the same are not exped at the Signet , through the Parties fault , in not finding Caution , or other neglect ; and that Bills of Suspension are frequently by Deliverance of the Orpinary , appointed to be seen by the Charger , or his Procurators , and in the mean time , Execution stopped at the Chargers Instance , indefinitly , not limiting the same to a certain day . And seeing some Question may arise , if in these Cases Execution should be sisted , and during what time ? For clearing whereof , the Lords declare , that where a Bill of Suspension is past and intimat , or shown to the Charger , or to the Messenger , the time of the Execution , but not expede at the Signet : That Execution is only to sist for the space of fourteen dayes after the Date of the Deliverance passing the Bill , unless the Ordinary upon further consideration , by a Signature upon the Bill , Subscribed by him , discharge the expeding of the Bill , untill a further day , or allow the Suspender a longer time for expeding thereof providing the same exceed not a Month from the Date of the Deliverance of the Bill , passing the same . After ela●sing whereof of , the Lords declare , that the Charger may proceed to further Execution , notwithstanding of the foresaid past Bill . And if the Ordinary express no day , but stop Execution indefinitly : The Lords declare that the stop shall continue only for the space of fourteen dayes from the Date of the Deliverance as aforesaid : but prejudice alwayes of Deliverances given by the Lords in presentia , upon Petitions , ordaining the Reasons of Suspension to be Discust summarly upon the Bill : and in the mean time , discharging execution . In which case Execution is to sist , untill the Cause be Discust , or the Stop be taken off by the Lords . And the saids Lords prohibite the Clerk of the Bills to write any Date upon the Deliverance of a Bill of Suspension , but in presence of the Ordinary , and that it be the true Date , wherein the same is Subscribed . ACT concerning the Suspensions of Protestations . Iuly 10. 1677. THE Lords considering that the Act of Parliament doth appoint , that where a Protestation is Suspended , the Deliverance of the Bill should mention , that it is the second Suspension , and so forth of all the Suspensions obtained thereafter , that the same is the third or fourth Suspension : Yet notwithstanding by the Fault , or Inadvertency of the Clerk of the Bills , the same is not observed : Therefore the Lords declare , that where there is a Suspension past of a Protestation , if the Deliverance of the Bill do not bear , that the same is the second Suspension , and so forth of any subsequent Suspensions , that they will recal the Suspension , albeit the same be exped at the Signet , as being contrair to the Act of Parliament . ACT against Sollicitations . November 6. 1677. THE Lords taking to their serious consideration , that by several Acts of Sederunt , The Lords have formerly prohibited all Sollicitations , in Causes depending before them , whereby Parties did endeavour and expect favour , by the Credit , and Moyon of themselves , or their friends interposing with the Lords , and Personal respects , not relating to the Cause , to the great discouragement of others , who had not the like friendship , or moyon , and to the great trouble of all , conceiving it their interest , and that it might be looked on as a slight , or neglect , if they did not upon all occasions by themselves , or their friends Sollicit the whole Lords , at their Houses lying scattered through the several places of the City , imagining thereby , to have much promoted their interest , and payed respect to the Lords , who have no regard to , but are troubled with such Sollicitations ; it being their duty , and design to do Justice to all impartially , without respect of Persons : Notwithstanding of which Acts , and endeavours of the Lords against Sollicitations , the same have been revived upon pretence of giving Information in the Cause : but now seing written Informations are become ordinary ; and that all that ought to be represented to the Lords in any Case , may easily without trouble be done , by written Informations sent to the Lords by a servant , which they will heartily accept , and will not fail to peruse ; and finding it unfeasible to hinder Sollicitations so long as they admit of Verbal Information . Therefore the Lords do declare , that they will admit of no Sollicitation , or Verbal Information , in any Cause depending , or that shall depend before them , during the Dependence thereof either by the Parties themselves , or by any other Person . And to the end , the same may be effectual against all importunity . The saids Lords do Enact and Declare , That it shall be a relevant Reason of Declinator against any of the saids Lords Ordinary , or Extraordinary , that they have received or heard any Sollicitation , or Verbal Information in the Cause , during the Dependence thereof . But upon the first observing , that the matter offered to be spoken to them , did bear , or import any Sollicitation , or Verbal Information , in a Cause depending , if they did not use all the means they could to stop , or withdraw to hear any further thereof . Or in case any Sollicitation , or Information , in a Cause depending , be offered by a Missive-letter , if they do not present the same to the Lords . Likeas , the saids Lords do strictly Prohibite all Advocats , Clerks , Writers and others , depending upon the Colledge of Justice , or their Servants , to offer to any of the Lords , any Sollicitation or Information , by Word or Letter , but only by Written Informations Bills or Tickets , for calling , under the pain of Deprivation , and being secluded from the House , excepting the Clerk of the Process , for clearing any Interlocutor , or Minute in the Cause . Likeas , the saids Lords do declare , That if any Party , or others of the Leidges , offer any Sollicitation or Information , by Word or Missive , that they will Ammerciat them as follows , viz. Every Nobleman in three hundred merks Scots Money : Every Baron , or Knight , in two hundred merks : Every other Heretor , Gentleman , or Chief Burgesse , in one hundred Pounds : And every other Person in one hundred merks , toties quoties , to be applyed for the use of the Poor . It is alwayes hereby declared , That the Verbal Information of any Party , or other Person for him , when required or allowed Judicially , or before Auditors , in Diets appointed for both Parties to be heard ; or before the Ordinaries upon the Bills , in relation to the passing of Bills of Suspension or Advocation ; or before any of the Lords , to whom , either by consent of Parties , or by appointment , or Recommendation of the Lords , an Accommodation in any Process is referred , is no wayes hereby Prohibited . And to the effect , the Leidges may be secured against any prejudice which they may apprehend , by debarring them from Sollicitation , or Verbal Information , the Lords do declare , that there shall be free access for all Persons to Inform them by Written Informations , only to be delivered by Servants , and that in all Cases , from time to time ; and for the more sure delivery of Informations , they ordain , that every one of the Lords shall have a Servant attending in his House , from● five a Clock , to eight a Clock at night , who shall be holden to receive any Informations , doubles of Bills , or Tickets for Calling , that shall be given in without payment of any Money , under such pain or punishment as the Lords shall think fit : And which Informations , Bills , or Tickets , shall be delivered by the Servants of Advocats , or of the Parties , and by none others . And Ordain this Act to be affixed on the Wall of the Outter-House . And to be Printed , that none may pretend ignorance thereof . ACT concerning Bills relating to concluded Causes : November 9. 1677. THE Lords considering , that sometimes after concluded Causes are Advised , and Sentences pronounced therein , Parties endeavour to delay the Extracting thereof for a considerable time , and then do offer Petitions for alteration of the Decreet , whereby the Process not being recent in the Memory of the Lords , they are put of new to peruse the Process and Probation . For remeid● whereof , the Lords Declare , that in timecoming , they will not receive any Petitions , in relation to the Stopping or altering of any Decreet or Interlocutor pronouncing , upon Advising of concluded Causes , unless the Petition be given in within the space of two Sederunt dayes , after pronouncing of the Decreet or Interlocutor . Suspensions of the Excise to be past only in presentia . December 6. 1677. THE which day , the Lords Ordained that no Suspension shall be past of any Charges given for His Majesties Annuity or Excise , except in presence of the whole Lords . Warrant anent Precepts , for giving Seasine upon Retours . February 15. 1678. THE which day , the Lords Ordained , that Bills craving Warrant to the Director of the Chancellory , to direct Precepts to a Sheriff in that part to grant Infeftement upon Retours , in respect of the Sheriffs refusal , to Infeft the Party ; shall not be past in time coming , by the Ordinary upon the Bills , but the same shall be past by the whole Lords in presentia ; and the Lords discharge the Director of the Chancellory , to direct , or give out any Precepts to Sheriffs in that part , for granting Infeftment upon Retours , unless the Warrant be past in presentia , as said is . ACT in Favours of the Lord Register . February 22. 1678. THE which day , the Lords considering , that the Kings Majesty hath nominated and appointed Sir Thomas Murray of Glendook , one of their number , to be Clerk of Register , with power to him to receive all the Profites of the Office , since the advancement of Sir Archibald Primerose to be Justice-General : and he being accordingly admitted to the said Office. Therefore the Lords do grant Warrant to the Lords , Newtoun and Hercus , to take the Oaths of these Persons , who by their Warrant , were intrusted with the keeping of the publick Registers , which were in the Custody of the late Clerk of Register , if they have abstracted or imbazeled any of the said Register Books , or Warrants , or if they be all intire and in the same order as they are set down in the Inventar , insert in the Books of Sederunt . And ordain the Keys of the Rooms , wherein these Registers are , viz. that below the Parliament-House , and of the Chamber in the Castle of Edinburgh , to be delivered to the said Lord Register . And grants Warrant and Order to Mr. Alexander Gibson , one of the Clerks of Session , to make Compt and Payment to the said Lord Register , of the Dues of the Clerk of Registers Office , which he has intrometted with , by Warrand of the Lords : and declare , that this Act , with the said Lord Register his receipt , shall be a sufficient Exoneration to the said Mr. Alexander Gibson thereof . ACT Discharging Clerks to lend out Processes to any , except Advocats and their Servants . February 26. 1678. THE Lords considering the abuse committed by giving out of Processes , to some Persons attending the House , and pretending to Negotiat in , and mannage Processes , who are neither Advocats , nor Servants to Advocats . For remeid whereof , the saids Lords Discharge the Clerks of Session , and their Servants , to give up , or lend out to any Persons , any Processes or Writes , produced therein , except only to Advocats and their known Servants . And the Lords Declare , that each Advocat shall be allowed to have one Servant ; and if any shall desire to have more Servants allowed to them then one , appoint them to represent the same to the Lords , and they will take it unto their Consideration . ACT prohibiting the Clerks to give up Bills relating to Processes , whereupon there is any Deliverance of the Lords . Iuly 23. 1678. THE which day , the Lords did Discharge the Clerks to give up to Parties , any Bills or Petitions , whereupon there are Deliverances , relateing to Interlocutors or Decreets in Processes , except where the same are appointed to be seen and Answered . And appoint the Clerks to keep the foresaid principal Petitions , bearing , Deliverances of the Lords , and to give out to parties only doubles thereof . ACT Discharging Advocats , and Writers Servants , to Write their Masters Subscription . Iuly last , 1678. THE which day , the Lords Considering , that there is a corrupt Custom , lately crept in of Advocats , and Writers Servants , adhibiting their Masters Subscriptions , to Petitions and Bills given in to the Lords which is not to be endured . Therefore the Lords declare , that if in time coming , the Servant of any Advocat shall presume to Adhibite and Write his Masters Subscription to a Petition , or to the out-giving , or return of a Process ; or if the Servant of any Writer to the Signet , shall Adhibite his Masters Subscription to a Bill of Suspension , or other Bill used to be drawn by Writers , that they will proceed against , and punish these Persons as falsaries and forgers of Writes . ACT Ordaining Hornings and Inhibitions to be Booked , which were not Booked the time of the Vsurpers . Ianuary 3. 1679. THE which day , the Lord Register , Newtoun and Hercus did make Report to the Lords , that conform to the Warrand given them , of the fourth of December last , they had considered the condition of the general Registers of Hornings and Inhibitions , and of the particular Registers thereof in the Shire of Edinburgh during the Englishes time , and found , that during the said time , there were no Hornings Booked for the space of five years , and three moneths , or thereby ; and that no Inhibition were Booked for the space of three years and six moneths ; and that they had called the Persons who were intrusted in that time , as Clerks to , and Keepers of the saids Registers of Hornings and Inhibitions , and where they were dead , they called and heard their Representatives ; but that one of these who had the Keeping of the saids Registers , from the 5. of Iune 1652. to the 8. of September 1654. Called Thomas Freeman , being deceased , there can be none found to represent him , which being taken in consideration by the Lords , they Ordain the Hornings and Inhibitions to be Booked for the saids years , by such Persons as the Lord Register shall appoint , and allows them for their pains , three shillings four pennies for ilk Leaf of the Book , Written in such manner as the Lord Register shall appoint , And the Lords Ordain the same to be payed by the Persons who enjoyed and possest the said Offices , and were oblieged to have Booked the same , or their Representatives . And where they have none to Represent them by the Person who succeeded next in the said Office , and his Representatives . And Ordain Letters of Horning to be direct upon six dayes , to the effect foresaid . Orders for payment of the Dues of the Signet , where Suspensions are appointed to be discussed upon the Bill . Ianuary 24. 1679. THE Lords considering that they do frequently grant Warrands to the Ordinary upon the Bills , to Discuss the Reasons of Suspension upon the Bill , especially where the Charger desires the same . And seeing that Warrand or Deliverance , hath the effect of a Suspension past the Signet , the Party ingiver of the Bill of Suspension , being thereby secured against any further Personal Execution , untill the Reasons of Suspension be Discussed . It is just and reasonable in this Case , that the Dues payable for affixing the Signet , should be satisfied , as if the Suspension had been past and exped . Therefore the saids Lords do Ordain , that before the Suspenders Process be heard upon the Reasons of Suspension before the Ordinary upon the Bills , in order to the Discussing thereof , there be payed in to the Clerk of the Bills , or his Servant in that Office , the Dues payable for affixing the Signet to the Suspension , for which they are to be comptable to the Keeper of the Signet , under the Lord Secretary , and to make payment thereof as he shall call for the same . And appoint the Clerk of the Bills , and his Servants , to keep a Note of such Bills of Suspension , whereof the Reasons are ordained to be be Discussed on the Bills , to the effect foresaid . ACT in Favours of Intrant Advocats . February 7. 1679. THE Lords considering a Petition presented to them by Robert Nairn , Son to Mr. Alexander Nairn of Greenyards , mentioning , That the Petitioner upon a Reference of the Lords , to the Dean of Faculty , and the Advocats , Examinators for taking Tryal of his Qualifications , in order to his Admission to the Office of an Advocat , having undergone , both the privat and publick Tryal and Examination , and thereafter applyed to the Dean of Faculty , to assign him the Subject of his publick Lesson before the Lords ; the same is refused , until the Petitioner make payment to the Advocats Box , of 500. merks Scots , conform to a late Act of the Faculty , made to that purpose . And the Lords considering , that the Office and Imployment of Advocats , being a liberal profession , albeit they will not allow any sums of money to be imposed upon young men , at their Entry to the Office , and Station of Advocats , yet they recommend to them , to Contribute Voluntarly , for a Library to be erected for the use of the Colledge of Justice . ACT anent Executors Creditors . November 14. 1679. THE Lords considering , that it is imcumbent to all Executors , by vertue of their Office , to execute the Testament of the Defunct● by recovering his Goods , and payment of the Debts owing to him , for the behove and interest of the Relict Children , or nearest of Kin , Creditors and Legatars of the Defunct . Therefore the saids Lords do Declare , that Executors decerned , and Confirmed as Creditors to the Defunct , are holden as lyable to do Diligence , for recovery of the Defuncts Goods and the Debts due to him Confirmed in the Testament , or ●iked , sicklike as other Executors Dative are holden to do by the Law , and practick of this Kingdom . And to the effect , that Creditors be not unnecessarly intangled in the Execution of Defuncts Debts , beyond their own satisfaction ; The Lords Declare , that Executors Creditors shall not be oblieged to make a total Confirmation ; but only of so much as they shall think fit , that there may be place for an Executor , ad ommissa , for the rest , who shall be lyable to all Parties having Interest in the same way as principal Executors . It is also Declared , that Executors Creditors , shall have license to pursue , if they will make Faith , that they are doubtful of the Validity , Existence , or Probation of the Debts of the Defunct , for which they desire license ; the same being returned to the Commissars within such competent time , as they shall appoint , and upon Caution to Confirm as hath been granted in the Case of Licenses formerly . ACT anent the Registration of Hornings . November 19. 1679. FOrasmuch ; as all Letters of Horning are to be Registrate , either in the Registers of the Shire , where the Denounced Person dwells , or in the general Register of Hornings , keeped at Edinburgh : and the Sheriffs , Clerks , and Keepers of these Registers in the Shires , are by special Act of Parliament , appointed to bring in those Registers , to be marked by the Clerk of Register : and when they mark the Registration of any Horning upon the Letters , they should also insert therein the number of the leaves of the Register wherein the same is Registrate . Which Order is renewed by Act of Regulation , in Anno 1672. And the due observance hereof being of great Importance , for the Benefite and Security of the Leidges . Therefore the Lords do accordingly Ordain , all Sheriff Clerks , to bring in their Registers of Horning , to be marked by the Clerk of Register ; and that in every Horning to be Registrate by them , they insert at the marking thereof , the particular leaf of the Register , wherein they are Registrate : and that the Sheriff● Clerk take in no Hornings to be Registrate in their Books , but against Persons dwelling within their Shire . And the Lords recommend to the Lord Register , to take special care of the exact observance hereof : And also Ordain the Clerk of the Bills , not to receive any Bill of Caption or others , upon any Horning not Registrate and marked in manner foresaid : And Ordain Letters of Horning , to be direct hereupon , upon a Charge of fifteen dayes . ACT against Sollicitation . December 24. 1679. THE which day , the Lords considering , that notwithstanding of the Act made against Sollicitation and verbal Information , dated the sixth day of November 1677. years . Yet some Persons are so bold , as to venture to Sollicite the Lords in their Actions . And it being the Resolution of the saids Lords , that so laudable and necessary an Act be made effectual . Therefore they declare , that in any Process now depending or which shall hereafter be intented before them , when the same comes to be advised , they will purge themselves concerning their receiving any Sollicitation , or Verbal Information in the Cause , if it shall either be desired by the Partis , or moved by any of their own number . And that they will delate the Persons , who do Sollicite , or Verbally inform them , that they may be punished therefore conform to the said Act. ACT anent the taking of Renunciations from Persons Inhibited . February 19. 1680. THE Lords considering , That it hath been the ordinary Custom of Debitors , to make payment of sums due upon Wodset , or Anualrent by Infeftment , and to accept Renunciations , or grants of Redemption from the Wodsetter , or Annualrenter ; albeit the Credtor had been Inhibit before payment : which being made bona fide the Debitors conceived themselves secure , and that they needed not search Registers , to find Inhibitions against the Wodsetters , or Annualrenters . Which hath tended much to the detriment of Creditors , seing such Sums secured by Infeftment were not arrestable . For remeid whereof , the saids Lords declare that if the user of an Inhibition upon search of the Registers , or otherway shall find Infeftments of Annualrents , or upon Wodsets , in favours of their Debitor , being Inhibit , and shall make intimation , by Instrument of an-Nottar , to the Persons who have Right to the Reversion of the saids Wodsets , or Annualrents , that the Wodsetter or Annualrenter stands Inhibit , at their instance ; and shall produce in presence of the Partie , and Nottar the Inhibition duely Registrat . Then , and in that Case , the Lords will not sustain Renunciations , or grants of Redemption , although upon true payment , not being made bona fide in respect of the Intimation , unless the Redemption prcceed by way of action ; the Inhibiter being always Cited thereto , or by Suspension of double Poynding , upon consignation of the sums , whereupon the Annualrent , or Wodset is Redeemable . And ordain this Act to be Printed and afixed upon the Wall of the Utter-house , that the same may be known to all the Lelges . ACT against Petitions for alteration of Acts Extracted . February 24. 1680. THE which day , the Lords considering , That some times , after Acts of Litis contestation are Extracted , Petitions are given in to them by one of the Parties , craving the Act to be altered , wherein there may be prejudice to the other Partie concerned ; not being present , nor at that time obliged to be present : conceiving himself in tuto , after Extracting of the Act. For remeid whereof , the Lords declares , that in time coming , they will receive no Bills , or Supplications for alteration of Acts after the Acts are warantably Extracted , seing both Parties , or either of them may have a sight , or Scroll of the Act before Extracting , if they desire the same . And likewise , because sometimes Bills are given in for adducing of Witnesses , which have not been contained in the first Diligence , but are alleadged to have come to Knowledge since the first Diligence was taken out ; or after taking out of the second Diligence , whereby Witnesses come to be Examined , when the other Partie is not present , nor obleiged to attend , that they may either object against the hability of the Witnesses , or propone Interrogators to them . Therefore the Lords do declare , that in case upon any speciallity , they do give warrant to Examine any Witnesses , not contained in the first and second Diligence ; that they will only admit the saids Witnesses to be examined at the first and second Terms of Probation , when both Parties are obliedged to attend . His Majesties Letter in favours of the Lord Register anent the nomination of the Clerks of Session . Iune 8. 1680. CHARLES R. RIght Trusty , and well beloved Councellours , and Trusty , and well beloved , We Greet you well : Whereas , by Our Letter to you , of the 24. of May , 1676. We did Ordain , That the three Clerks of the Session , who do Expede your Decre●ts , shall be Nominated by the Senators of Our Colledge of Iustice , in all time coming . And that the Clerk of Register give them Deputations from time to time ; without prejudice to the Clerk of Register , of all other Benefit and Emolument belonging to , or depending upon that Office. And seing the Office of Clerk of Register was then Vacant , and that the Nomination of the Clerks of Session was always Inherent in , and Depending upon the office of Clerk of Register . And that since We have advanced Sir Thomas Murray of Glendook one of your number , to the said Place : And being well satisfied with the good Service done by him to Vs , in the late Convention of Estates , and upon several other occasions . Therefore , as a Mark of our Royal favour to him , We do by these presents , Recall our said Letter , anent the Nomination of the Clerks of Session ; and do Impower , Authorize and Appoint the the said Sir Thomas Murray , during his enjoyment of the said Office of our Clerk of Register , Solely to nominate , and appoint the Clerks of Session . So that upon Death , Demission , and Vacancy of any of the Clerks of Session , the said Sir Thomas Murray is to grant Deputations , to such Persons as he shall think fit , and that during their Lifetime ; and shall as absolutely amply , and freely use , and exerce the said Office of Clerk of Register as any other Clerk of Register formerly did , or might do , declaring the same to be as Effectuall to the said Sir Thomas Murray , as to his sole Nomination of the Clerks of Session , as if it had been contained in his Gift , of the Office of Clerk of Register . And ordaining these Presents to be Recorded in your Books of Sederunt . And so We bid you heartily Farewell . Given at Our Court at Whitehall , the twelfth day of November , One thousand six hundred seventy and nine . And of Our Reign , the thirty one year . Sic subscribitur . By His Majesties Command , LAUDERDAIL . ACT concerning Nottars . Iuly 29. 1680. THE Lords considering , That by Acts of Parliament , it is Statute and Ordained ; That Nottars be sufficiently Qualified for exercing that Office , after examination by the Lords of Session ; that sufficient Caution be found , for their due Administration of their Office : and in case the Caution be not sufficient , that new and better Caution be found : and after the Decease of the Nottars , their Protocalls are Ordained to be brought in to the Clerk of Register , or his Deputs , appointed by him to that effect , who is impowred to Revise the Protocalls of all Nottars , and consider in what Condition they are . And albeit the due observance of these Acts of Parliament , be a publick Concern , as to the interest , and security of the whole Leiges ; Yet the saids Lords understanding , that by reason of the late Troubles , and the Confusions ensuing thereupon . Especially during the time of the Usurpers , these Acts have been neglected to be put in Execution : In so far , as many Nottars are Deceased , whos 's Protocals are not returned to the Clerk of Register , or his Deputes ; but do remain in the hands of their Relicts , and Children , which occasions divers inconveniencies , and divers of their Protocalls are upon perusal , found to be Defective , and Unformal : and some of their Cautioners are not sufficient . Likeas , divers Persons pretending to have been admitted under the Usurpers , do presume to Officiat as Nottars , albeit they be not lawfully Authorized so to do . For redresse of which abuses and disorders , The Lords do Ordain Letters to be direct at the Instance of the Clerk of Register , or his Deput , Clerk to the admission of Nottars , for charging the Relict , and Executors of such Persons as are Decea●ed , and their Cautioners , to bring in , and deliver to them the Protocall Books of the saids Nottars , conform to the Act of Parliament , and their Respective Acts of Admission . And also Ordains General Letters to be Direct , at the Instance of the Clerk of Register or his said Deput ; for charging such Nottars , as they are informed to have Protocalls Detective , or Informal , to produce their Protocalls before the said Deput , at the head Burgh of the Shire , where the Nottar does Reside ; and where the Cautioners found for any Nottar is insufficient , to charge that Nottar to find new , and more sufficient Caution . And Ordain these General Letters to be Execute upon six days , and that against such Particular Persons , only as shall be given in a List , under the hand of the Clerk of Register . And the saids Lords do hereby prohibit , and discharge all Persons who were admitted Nottars , under the Usurpers , to Officiat as Nottars , untill they be of new admitted . And the saids Lords considering , that it is Statute and Ordained by Acts of Parliament , and specially by the 78. Act Parliament 5. Iames 5. That all Sheriffs , Stuarts , Bailzies and others , both to B●rgh and Land shall present their Clerks in presence of the Lords of Session , to be Examined , Sworn and admitted by them : and seing the Clerks of these Courts have neglected for some time by past , ●o compear before the saids Lords , to be tryed and approven by them : and it being necessary , and the publick Interest of the Leidges , that these Acts of Parliament be punctually observed in time coming . Therefore the saids Lords do ordain and require all persons , who hereafter shall be nominate Sheriff Clerks , Clerks of S●ewartries , and Bailiries , before they enter to , and exerce their Office of Clerkship , to compear before the saids Lords , that they may be tryed and approven by them , conform to the Act of Parliament , Certifying them , if they failzie therein , they shall be deprived of their Offices . ACT concerning Bills of Suspension . November 9. 1630. THE Lords considering , that by former Acts of Sederunt , of the 9. of February 1675. and the 3. of Iuly 1677 , They did give Warrant to the Ordinary upon the Bills , to allow a sight of a Bill of Suspension , to the Charger , and to stop Execution for some time , not exceeding a Moneth , declaring also , that a Bill of Suspension signed by the Ordinary , though not expeded at the Signet , should import a stop of Execution for the space of fourteen dayes , from the date it was signed , that in the mean time sufficient Caution might be found , and that the Clerk of the Bills might enquire anent the condition of the Cautioner . And now finding that abuses have crept in , stops being procured from several Ordinaries , from time to time , and that when the first fourteen dayes after , a signed Bill were elapsed , a new one was presented and past , which stopped Execution for other fourteen dayes , and so might continue for a long time . Therefore the Lords do declare , that they will give no stops of Execution hereafter , upon Bills of Suspension , fourteen dayes from the date being a sufficient time , both for seeing and expeding the Bill . And Declares all other stops to be void , except where Causes are ordained by the Lords , to be Discust upon Bills ; and ordains the Clerk of the Bills to make a Minut-book , both of past and refused Bills , by the Alphabetick Order of the Parties sirnames , which he is to make patent to any Charger that shall desire to see the same , gratis , and discharges him to present any new Bills in that Cause except to the whole Lords in time of Session , or to three Lords in time of Vacance , as he will be answerable at his peril ; and because Parties , or their Procurators , are accustomed to procure Suspensions , upon pretence , that the Copy of the Charge given by the Messenger is general , or unformal ; and for verrifying thereof , do produce forged Copies , and sometime forged Writes , for instructing Reasons of Suspension , founded thereupon , never intending to make use of the same ; and therefore do suffer Protestations to pass . For remeid whereof , the Lords do declare , that if the Charger shall produce such a Suspension , or a duplicat thereof , under the hand of the Keeper of the Signet , that in that case , the Lords , besides the ordinary expenses of Protestation , will modifie large Expenses to the Charger , for his delay ; and in case Protestation shall not be admitted but the Suspension shal come to be Discust : and at the Discussing the Charge , or other Writes mentioned in the Reason of Suspension , be not produced : The Lords Declares , they will hold these Writes false and sorged , and modifie large Expenses to the Charger , but pr●judice to insist against the forger of the saids Copies or Writes ; and ordain a Copy of this Act , and of the other two Acts above-mentioned , to be affixed upon the Wall of the Outter-House , and Copies thereof to be delivered to the Clerk of the Bills , to remain affixed on the Wall of the Bill-Chamber , that he may exactly observe the same . ACT anent the marking of Advocats Compearance for Defenders . November 25. 1680. THE Lords declares , that in time coming , where several Defenders are conveened in one Summonds ; and that at the calling thereof by the Clerk , an Advocat shall be marked , compearing indefinitly for the Defenders , and who shall likewise return the Process : that Advocat shall be holden compearing for all the Defenders , unless by the return upon the Process , he qualifie his Compearance , and express , for which of the Defenders he compears , and for which of them he doth not compear . ACT in favours of the Macers . February 15. 1681. THE which day , there being a Petition given in to the Lords , by their four ordinary Macers , representing , that where the Lords are in use upon application of Parties to grant Commissions for taking the Oaths of Parties , and the Depositions of Witnesses in Causes , where it appears by Testificats produced , that the Parties or Witnesses , are through age and infirmity , unable to travel . And sometimes Commissions are grantted , where the persons live at a great distance , and the matter is of Small moment : By granting of which Commissions , the Petitioners are frustrate of the Dues payable to them , in case the Parties and Witnesses did come here and Depone before the Lords ; and therefore craving that they might have their Dues , for Parties and Witnesses , where they are Examined by Commission : which being taken to consideration by the saids Lords , they Ordain , that in time coming , where Commissions shall be granted by the Lords , for Examining Parties or Witnesses , that the Macers shall have the half of the Dues which are payed to them , when Parties and Witnesses do compear before the Lords and Depone , viz. twelve shilling scots for ilk Party to be Examined by Commission , to be payed in manner following , viz. where a Commission is granted for taking a Parties Oath , that the Dues be payed to Francis Scot , Keeper of the Minut-book , within fourty eight hours after the Commission shall be put up in the Minut-book , and in case the same be not payed within that space , that the Commission shall be delet out of the Minut-book , and not Extracted until the same be put up again , and the Dues payed ; and that the saids Dues for Witnesses be payed at the return of the Report and Commission , before an avisandum be put up thereof in the Minut-book : And to the end , the number of the Witnesses may be known , that the Person to whom the Commission is granted , shall set down upon the back of the Commission , or Report , a list subscribed by him , of the Witnesses names : and the Clerks are hereby Ordered , to insert in the Commission a Warrant to the Commissioner to transmit that list with the Report of the Comission ; and that Francis Scot attest under his hand , that payment is made to him of the saids Dues , before an avisandum be put up of the Report in the Minute-Book . ACT anent Seasins and Reversions of Lands within Burgh . February 22. 1681. THE Lords of Council and Session considering , that the Act of Parliament 1617. anent the Registration of Seasins and Rev●rsions of all Lands and Annualrents , there is an exception of Land and Annualrents lying within Burgh , and within the Burgage Lands of Royall Burrows , which is supposed to have been upon account of the Books of the Town Clerks of Royal Burrows , wherein the Seasins and Reversions of such Lands might be found . Nevertheless the Lords finds , that not only Seasins within Burgh , are sometimes omitt●d , and not found insert in the Town Clerk Books : But that frequently , Reversions of Tenements and Annualrents within Burgh , and Assignations to , and Discharges of Reversions , and Bonds for granting such Reversions , are not to be found in the saids Books , to the great detriment of the Leidges , and especially of the Inhabitants of the saids Royal Burrows . For Remeid whereof , the Lords do appoint and ordain , the Magistrates of Royal Burrows , and their Successours in Office , to take good Caution and Surety of their Town Clerks , that now are , or shall be in Office , that they insert in their Books , all Seasins of Lands , Tenements , and Annualrents within their respective Burghs , or Burrow-lands ; and of all Reversions , Bonds for granting Reversions , Assignations to , and Discharges of Reversions , Renounciations , and grants of Redemption , of any Tenements , or Annualrents within their Burghs , or Burgage Lands , that shall be given at any time hereafter , within the space of threscore dayes , from the dates thereof respective , in like manner as is prescribed by Act of Parliament , anent the Registration of Seasins , or Reversions of Lands without Burgh : and that the said Surety be under the pain of the damnage that shall befall to any Party , through the Latency of the saids Writes , which shall be past by the saids Clerks , or presented to them to be insert in their saids Books . Likeas , the Lords ordains the saids Magistrates to insert an Act hereupon , in their Town Court Books , and to cause publish the same by Tuck of Drum , that none pretend ignorance . And further , the Lords do Declare , that if any Party shall neglect to insert their Seasins , Reversions , Bonds for granting of Reversions , Assignations to , and Discharges of Reversions , Renounciations and grants of Redemption , in manner foresaid , that the Lords will hold and repute them as latent and fraudulent Deeds , keeped up of design , to deceive and prejudge the Purchasers of Tenements and Annualrents within Burgh , bona fide , for just and onerous Causes ; and ordains the Provost of Edinburgh , to intimate this Act to the Commissioners of the Royal Burrows , at the next Convention of Burrows , And ordains thir Presents to be Printed , and Published at the Mercat Cross of Edinburgh and other places needful . CERTAIN DECISIONS Of several Debates , Intented and Debated BEFORE THE LORDS OF COUNCIL & SESSION , IN Some Weighty and Important Affairs , brought before them . Beginning the 29. of June 1661. and ending in July 1681. Iames Talzifer contra Maxtoun and Cunninghame . Iune 29. 1661. IOHN KER , Merchant in Edinburgh , having an Wodset-Right of some Tenements in Edinburgh , William Clerk his Creditor , Comprized the Wodset-Right from him , and obtained Decreet of Removing , against the Tennents of the Tenements ; Iames Tailzifer having Right to the Reversion of the said Wodset , consigned the Sum for which the Wodset was granted , in the hands of the Clerk of the Bills , and thereupon obtained a Suspension of the Decreet of Removing ; and thereafter having obtained Right from William Clerk , to his Appryzing , did , by Supplication , desire the sum Consigned by him , to be given up to himself ; 1. Because the Consignation was not orderly made , conform to the Reversion . And , 2. Though it had been orderly , yet before Declarator , he might pass from the Consignation , and take up his Money , whereby the Wodset Right wou●d remain unprejudged . 3. The Wodset-Right being now returned to himself , by acquiring Clerks Appryzing , he had thereby Right to the sum Consigned , for Redemption of the Wodset : Compearance was made for Maxtoun and Cunningham , for whom it was alledged that the consigned Sum ought to be give up to them ; because , before William Clerks Appryzing , they and William Clerk , had joyntly obtained from the King , a Gift of the Escheat , and Liferent of the said Iohn Ker , who had been year and day at the Horn , before Welliam Clerk Appryzed from him ; so that the sum Consigned , being now moveable , fell under Kers E●chea● , and thereby they have R●ght to two third parts thereof , and Clerk or Tailzifer by his Right , can only have the other third ; and if the Sum were not ●ound to fall under Kers E●cheat , the Annualrent thereof , during K●rs 〈◊〉 would fall to the three Donators of his Liferent equally , and the ●um ought to be given out , in security to them for their Liferent ; and to Tailzifer , as having Right to Clerks Appryzing in Fee , except the third , thereto Clerk had Right as joynt Donator with them ; neither could Tailzifer pass from his Confignation , seeing th●y accepted thereof ; nor could he object against any informality in the Consignation made by himself , seeing they past from that objection . It was answered for Tailzifer , that Maxtoun and Cunninghame had no Right by the single Escheat of Ker ; because before the Consignation , by which it is pretended the Consigned Sum became moveable , Ker was den●ded by Clerks Appryzing : So that the Consigned Sum came in place of the Appryzing . It was answered for Maxtoun and Cunninghame , that albei● the Apprizing might carry the Stock and Fee of the Consigned Sum ; yet the Liferent of the Annualrent thereof , belongs to the three joynt Donators of Kers Liferent , seeing Ker was year and d●y Denounced ; whereby jus fuit acquisitum domino Regi , before Welliam Clerk Apprized . It was answered for Tailzifer , the diligences of Lawful Creditors , are still preferred to the Fisk , before Declarator , and here that was no Declarator , of the Liferent of Ker : and therefore Clerks Appryzing must carry the whole Right of the Wodset , and in consequence of the Sum Consigned in place thereof . It was answered for Maxtoun and Cunninghame , that although compleat Dilligences of Creditors , attaining effect before Declarator , are not lyable to Re●●i●ution , in single Escheats , it is not so in Liferent-escheats ; especially where the Diligence is not compleat , ●n cursu rebellionis , as in this case , and likewise Clerk , Tailzifers author had homologat the Right of Liferent , by concurring with them , founding thereon in many Process●s . The Lords found the Alleadgence for Maxtoun and Cunninghame , upon the joynt Gift of Kers Liferent , Homologate , as said is , relevant and proven ; and therefore , ordained the Consigned Money to be given up to Tailzifer , who by vertue of his Right to Clerks Appryzing , had the Right of the Stock thereof , and ordained him to imploy the same , or give Security for the Annualrent , of two third parts thereof to Maxtoun and Cunninghame , during John Ker's Lifetime . Major of Bervick , contra L. of Hayning . Iune 1. 1661. THE Major of Bervick , and others having right to the Salmond Fishing in Tweed , within Bervick bounds , gave in a Supplication to the Parliament , against the Laird of Hayning , bearing , that he was now drayning a Loch , which fell into the Water of Etrick , and thence into the Water of Tweed , which had given a red Tinctur to all the River to the Sea , most noysom to the Salmond , which were found never to swime where the said Tinctur was , but in other clearer places of the VVater , all the Salmond Fishing was prejudged to a great sum , to the detriment of the Countrey , and the Kings Customes ; Therefore desiring that he might be ordained to desist and cease : The Parliament remitted the Bill to the Lords . It was alleadged for the Defender , that the Bill was not Relevant , because of any alleadged prejudice of the Pursuers , to take away from the Defender his undoubted Right of Propertie , giving him power to dispose of his own at his own pleasure . And so to drain his Loch , or to cut his own ground , especially seing His Majesty , by His Proclamation having invited all His Subjects to drayning . The Pursuer answered , that his Petition was most Relevant , and no ways contrair to the Right and Effect of Propertie , which giveth the Proprietar power to dispose of his own , so that he keep him within his own bounds , and do not send forth any noisom thing upon his Neighbours , but he may not do so to his Neighbours detriment , especially if he make use of that which is his own , not according to the nature and common use thereof , but against the same , and so though he may build upon his own ground , albeit to the detriment of his Neighbours light or prospect , or may dig a Well in his own ground , albeit thereby he cut off the veins of his neighbours well , yet can he not otherwise prejudge his neighbours , as if he had a Loch on a Hill , he might not cut it , if it drowned his Neighbours ground below , nor may he build a Milne upon his own ground , so as to take the the water from his Neighbours Milne , nor may he turn the water out of the old Channel , or make it rune other wayes upon his Neighbours , then was accustomed . In like manner , in Superiour and Inferiour Tenements in Town , The Superiour may not be made use of , to the detriment of the Inferiour , nor the Inferiour to the detriment of the Superiour , by putting Fire on the Floor , which would smoak the same . The like is provided by many Interdicts in the Civil Law , &c. And therefore the Defender might not contrair to the nature of a Loch , which hath perpetually been a Loch , do any deed beginning within his own Bounds , but ending in a publick River , to the detriment of the Fishing ; which is worth more then 12000. lib. Sterl . by Year . The Defender answered , that suppose he might not make use of his own , to emit any thing upon his Neighbours propertie contrare to Nature , to his Neighbours Detriment , as in the Instances alledged , they did not meet with this case , because here he offered him to prove , That his Loch had a perpetual Current to the water of Ettrick , which made a Milne go , and when his drayning was done ( which would be shortly ) the Current to the River would be as little , and as pure as ever , so that albeit there was Detriment , it was but Temporary , nor was he working contrary Nature , but helping it , by redding the passage , to let the Loch run quickly away . 2dly . Albeit he might make no new work on his own ground , to the Detriment of his Neighbours Propertie , yet might he well send away any stagnant water , corruption or filth , by a publick River , whereof one prime use is to purge the earth of all corruption , and to carry it to the Sea , and therefore the Corruption , not only of Men , and Beasts , but of the Earth , as of Minerals , Coal-pits , Lime , and all others might be freely turned thereunto , unlesse there were a positive Law or Custome to the contrair , albeit there may be detriment of Fishing , which is but a Casualitie , and must carry the accident of such inconvenience along with it . And as for the Roman Interdicts , they neither meet the Case , nor are they Laws for us , where the Civil Law is not a Law , but an Example we follow freely when we find it Just and fit . The Lords were Inclined to refuse the said Bill , on that consideration mainly , that it was the proper use of Rivers to carry away the Corruption and Filth of the Earth , which should not be hindred by any Right of Fishing , which is but a Casualiti● given and taken with the common use of the River , but in regard the matter was remitted by the Parliament , who might , if they found great Inconveniency make a Law for remeid thereof ( before answer ) The Lords granted Commission to trye the condition of the Loch , and how it runn before this drayning , and how it would run after the same , and how long the drayning would continue , and what alteration was in the Fishing of Tweed thereby , and what appearance that the same was caused by the drayning of this Loch . Raith of Edmonstoun , Contra the Laird of Niddrie . Iuly 4. 1661. JOhn Boid Merchant in Edinburgh , as Assigny constitute by the Laird of of Wolmet , to a Decreet obtained at his Instance , against Niddrie , for payment of the sum of 7000. merks , for which he gave Band to Wmquhil Wolmet for Iames Reith of Edmonstoun his good brother , as an Asythment for the Mutilation of the Laird of Wolmet by Edmonstoun , who cut off Wolmets left hand . Niddrie Suspended on double Poynding , called the said Iohn Boyd , Iean Dowglas , Umquhile Wolmets Relict , and the said Iames Reith . It was alledged for Niddrie , and the said Iames Reith , that the Decreet did bear the sum not to be payable till their were delivered , a sufficient Letter of Slaine and Remission for the Mutilation , but the Letters of Slain now produced is not sufficient , because it did bear only the Remission of an accidental Mutilation , and this Mutilation being of purpose . 2dly . It was only subscribed by Wolmets Heir , and not by his Wife , and their Children . It was answered for the Chargers , that there was no necessity of a Letter of Slains for Mutilation , but the Remission alone was sufficient . 2dly . This sum was granted for Asythment to Umquhile Wolmet himself in his Lifetime , and the Decreet mentioned a Letter of Slains granted by him . 3dly . Any Interest his Wife or Bairns could have , was only for the Asythment of their Damnage , which could be none , seeing Wolmet was a Landed Gentleman , and did not intertain his Family by his handie work , The Lords Repelled the Reason of Suspension ; In respect of the Answer on the Decreet and Letters of Slain produced , which they found Sufficient . It was also alledged be the said Iean Dowglas , that she ought to be preferred to the said Iohn Boyd , because she had arrested the sum long before his Assignation . It is answered , for Boyd , the Arrestment was upon a dependence and loosed , and there is yet no Decreet upon the Dependence . It is answered for Dowglas , That the loosing of the Arrestment would have freed Niddrie , if he had actually payed the sum , but it being yet in his hand , it ought to prefer her as Creditor , doing first Diligence , especially , seing Wolmet the time of the Assignation , was Rebel , and Bankrupt . The Lords preferred the Assigny , in respect there was no Decreet Extracted upon the Dependence : Reserving to the Arrester after sentence to reduce upon the prior diligence as accords , &c. Tailizfer , Contra Maxtoun and Cuninghame . Iuly 6. 1661. IN the Competition betwixt Tailzifer , Maxtoun and Cuninghame , mentioned Iune 29. Where Tailzifer was preferred to the Stock of the sum consigned , for the Redemption of the Wodset in Question . It was further alledged for Maxtoun , that he ought to have a share of the Stock , because he produced a mutual Band betwixt himself and William Clerk , Tailzifers Author , who apprysed the Wodset , whereby they were oblidged to to Communicat the Profit that should accresce to them by their Actions intented , and to be intented upon their Rights of Iohn Ker , the common Debitors Lands , without opposing one another upon their several Apprysings , Tailzifer answerd non relevat against him , who was a singular Successor , this being but a personal Band of his Author , and could not affect his Real Right of Apprysing , it was answerd for Maxtoun , First , Albeit Apprysings and Infeftmens thereupon be Real Rights , in some respect , yet in many others , they were only accompted as Personal Rights , at least might be taken away by Personal deeds , as by Intromission with the Maills and Duties of the Apprized Lands , or by payment of the Sums therein contained , which would be valid against singular Successors , without necessity of any Consignation . It was answered for Tailzifer , That this is by reason of the Act of Parliament 1621. Declaring Apprysings satisficable by Intromission with the Maills and Duties , and so to expire ipso facto , but cannot be streached beyond the Tenor of that Statute , contrair the nature of Real Rights . The Lords repelled the alleadgeance for Maxtoun upon the Band for Communication , which did not affect singular Successors . It was further alleadged● that this mutual Band was Homolgat by Tailzifer in so far as he had concurred in all pursuits with Maxtoun conform to the Tenor of the said Band , and had uplifted the Mails and Duties accordingly . It was answered for Tailzifer , non relevat , to infer Homologation , seeing these Deeds are not relative to any such personal Bond , which Tailzifer never knew , and therefore could not Homologat ; whereupon Tailzifers oath was taken , if he knew the same , who denyed : And thereupon the alleadgence was repelled . Maxtoun farther alleadged , that albeit there had been no more , but the concurrence judicially , it was sufficient to communicat the Appryzings . It was answered for Tailzifer , non relevat , unless the concurrence had born expresly , to communicat , for the concurrence only to exclude third Parties , would never infer the same . The Lords Repelled Maxtoun's Alleadgences , and adhered to their first Interlocutor . Colledge of St. Andrews Supplicant . Iuly 16. 1661. THE Colledge of St. Andrews Supplicat , that in respect their hail Rents were arrested , at the Instance of Doctor Gleig , and thereby they were not able to intertain their Table and Bursers ; craved the arrestment to be loosed , without Caution , in respect they were an Incorporation , for whom no body would be Caution . The Lords after debating the Case amongst themselves , whether arrestment could be loosed without Caution , or upon juratorie cautione , thought it could not ; but in this case , they allowed the same to be loosed , the Masters of the Colledges giving a Bond , to bind themselves and their Heirs personally , for what should be uplifted by any of them , whereby every Person stood Caution for his own Intromission , for the University , they not being otherwayes bound personaliter , but only secundum officium . Relict of Robert Fleming , contra Forresters . Iuly 17. 1661. THE Relict of Robert Fleming , Bailzie of Edinburgh , as his Executrix , Charged Forresters the Bailzies Sister Daughters , to pay 1600. merks , due by their Father , by Bond , and decerned against them as lawfully Charged to enter Heirs to him nineteen years ago , and now eiked to the Bailzies Testament , by the Charger ; whereupon She obtained Letters of Horning , Summarly ; the Suspenders alleadged , the Letters ought to be Suspended simpliciter , because they offered a Renounciation to be Heirs : The Charger answered , non relevat post sententiam et tantum temporis Intervallum : The Suspender replyed , they were Minors the time of the Decreet , and that the delay of time was , because their Uncle never Insisted , and it was like , purposed not to Insist . The Charger answered , they were now Majors , and did not reduce intra annos utiles . The Lords admitted the Renunciation . Laird of Buchannan . contra Oseburn . Iuly 24. 1661. THE Laird of Buchannan Pursues , Reduction of a Decreet , obtained against him , at the Instance of Lieutennent Collonel Oseburn , in Anno 1653. upon many Reasons , mainly , because the ground of the Decreet was only a Bill not past the Signet , at the Instance of umquhil , Mr. William Cunninghame , continued in Oseburn , after his decease , without transferring , for rectifying or rescinding a minute of Disposition , of the Lands of Ballindalloch , by Mr. William to Buchannan , put in the hands of Mr. David Buchannan , who gave his Ticket that the same should be keeped , until it were perfeited according to Equity and Justice ; and Deponed , that the Point to be rectified , was only the warrandice which in the Minute was absolute , upon which Bills , the then Judges , ordained the Parties to submit , who accordingly submitted to four Friends , and two Overs-men , who were to report , February 10. 1653. Which Oversmen did unwarrantably report , after the expyring of the said Reference , upon the 19. of February , to Buchannans great prejudice , contrair to Justice , in so far as they ordained him to pay Oseburn sixteen years Purchase , for the price of the Lands , without Production or Debating of the Parties Rights , or calling , or hearing the Arbiters ; and with warrandice from Oseburn , and his Goodfathers Fact , and Deed only , albeit the Lands were insecure , holden Ward , and lying in the Highlands . And found the Rental of the Lands to be five thousand merks yearly , without distinguishing between Stock and Teind , though the Testimony of the Witnesses proves not above three thousand merks , beside the Teind ; of which Lands , Oseburn nor his Good-father , had neither Title nor Possession of Buchanbeg ; Buchanmore and Ballochroon , which are parts of Ballandoloch , whereunto the Judges did unjustly interpone their authority , superceeding twenty thousand merks , until the Right of Buchanbeg , Buchanmore and Ballachroon , were discussed ; and whereas the Decreet bears , Buchannan to have consented , he denyed the same , neither was there any minut of Process taken upon the day of his alleadged consent ; but by an Ordinance of the Judges half a year thereafter , made upon their memory , which cannot prove against him , not being subscribed by him , at least he might have resiled , re integra , before extracting the Decreet , as he did . The Defender answered , that whatever was the ground of the Processes , yet there was a Submission subscribed by both Parties , and a Report by the Oversmen conform , which is express contrair to all that is alleadged : and is sufficient and full Probation , Arbiters having so great Trust. And the Decreet beareth , the Report made upon the 9. of February : And albeit the minuts of Process were wanting , or contrary , nihil est , because the Clerk being publicus proto notarius his solemn Instruments make full Probation , and the minuts are but the notes taken by him for remembrance , till the full Instrument be compleated ; against which , Parties may object at Extracting , as not conform to the Warrands , but not thereafter ; otherwayes the Clerks by altering , or losing the minuts , might destroy all Decreets , which are the greatest Securities of the Kingdom . The Report also bears , Inspection of the Parties Rights , and consid●ration thereof , and of the Debates and Informations given in by either 〈◊〉 in write : And if Buchannan saw not Oseburns Rights , it was his fault , that called not for them out of the Overs-mens hands , where they long lay , being expired Appryzings and Infeftments against Glengarnock , the ancient Proprietar , and against the Lairds of Buchannan themselves ; so that the Report being a Decreet Arbitral , and Confirmed by the Judges , and consented to by Parties , is most solemn . And as to the Consent , it was Judicial and Palpable , by joyning hands , and needed no Subscription ; it be-being most ordinary , that Decreets bear , Consent of Parties ; especially when the Consent quadrateth with , and is conform to a Process ; as the compearances of Parties , whereby Decreets became irreduceable , accepting of Offices of Tutory , or Curatory : and so if Buchannan had appeared , and said for fourty thousand pound , non faciam vim ; but as for the twenty thousand merks , the Right of these Lands would be first cleared . It would have been an unquestionable consent , albeit contrary or extrinsick Acts require Subscription , and ex abundanti , have the same : yet they need not , seeing publica scriptura , by the Instrument Judicial of the Clerks , of Supream Court , is more Solemn than a private Write by Parties Subscription ; and albeit de recenti , at the same time , when consents , or offers are proposed , Parties may resile , yet ex intervallo , they cannot : For there is only locus penitentiae in Dispositions , or Tacks of Lands , where Writ is requisit , not only as an Evidence , but as a solemnity accomplishing the Right : But in other Pactions and Promises , where Write is not essential , there is no place therefor . The Lords having considered the Decreet , and whole Warrands thereof , Reduced , and turned the same in a Libel , ordained O seburn to proceed upon the two Supplications , on which the Decreet was pronounced , and continued his Possession , till the close of the next Session , for they found beside , many informalities , the sentence and Report of the Overs-men , to have been after expyring of the Reference , by the Warrand thereof , subscribed with their hands : And as to the Consent , they found by Signature of Process under all the then Judges hands , that there was no minut of the said Consent at the time it was alleadged to have been , but half a year thereafter , made up of their memories : Upon which two Points mainly they Reduced , without Discussing the other Alleadgences : neither had they respect to Buchannans Homologations of the Arbiters Sentences , by taking out Diligences conform , and adducing Witnesses to prove the Rental : nor by acquiescing in his Bills to the price ; because there was alwayes some qualities in his Consent . Laird of Lamertoun , contra Earl of Levin , and Alexander Kennedy . Eodem die . THE Laird of Lamertoun having wakened an Improbation against Alexander Kennedy , and the Earl of Levin , for improving of several Bonds , exhibite by the said Alexander Kennedy , and made use of by the Earl of Levin ; Lamertoun craved , that the Earl of Levin , might bide by the Bonds , seeing he made use thereof ; the Earl offered to abide by them , qualificate● , viz. that he made use of them , as believing they were true Bonds ; and that he was not accessory to any falshood , or forgery thereof . It was alleadged , he ought to bide by them simply , for such qualities were contrair to the Act of Parliament , declaring users of false Writs , and abiders by them , to be accounted as accessory thereto ; many of the Lords were of opinion , that he should abide by them simply ; but that he might protest under the foresaid quality , in respect it was not proper to the Lords , to consider the consequence of his biding by the Bonds , which was Criminal ; yet alterius fori ; yet it was carried , that he might bide by them qualificate : and therefore he was ordained to give it in in Write , that the Lords may consider how far they will allow it . Mitchels , contra Iohn Hutchison . Iuly 24. 1661. JEAN and Marion Mitchels , having ●pursued Iohn Hutchison , in Anno 1659. for Reduction of a Decreet , obtained by him against them , as Heirs to their Father , upon Minority and Lesion : and also , because their Service , the only ground of the Decreet was Reduced , in Anno 1656. wherein there was an Act of Litiscontestation now wakened . The Defender alleadged he got wrong in the said Act ; because , he having proponed a Defense upon the Pursuers behaving themselves as Heirs ( no wayes acknowledging their Minority ) he alleadged they behoved to prove the Reason , as well as the Exception , seeing they were both consistent : yet the Act ordained him to prove his Defense of behaviour ; but did not ordain them to prove their Minority . The Lords found this alleadgence relevant . It was further alleadged , that the Reduction of the Pursuers retour is not competent against this Defender , to Reduce his Decreet ; because the said Reduction was long posterior to his Decreet , and he was not cited to the Reduction . The Pursuers answered , they needed call none to the Reduction of of their Retour , but the Judge , and Clerk , and Inquest● and though the Defenders Decreet was anterior , they did not know the same , having been obtained when they were within twelve years of age , and never charged thereupon , before the Reduction of their Retour , and so they never knew it , nor were oblieged to know it . The Lords repelled this Defense , and sustained the reason of Reduction , unless the same were elided by the said Defense , of behaving as Heir . Thomas Iack , contra Fiddess . Eod die . EODEM die , Thomas Iack pursues Fiddess , alleadging that Fiddes having given him in custody , the sum of five hundred merks , in Anno 1650. by a Ticket produced , bearing , To be keeped by him with his own , upon the Deponers hazard ; and that the Pursuer for his security , did thereafter go to Dundee , and took his Goods thither , where he lost the said sum , and all his other Goods , by the English taking the Town by storm , and plundering it : yet Fiddess conveened him before the English Officers at Leith , who most unjustly decerned him to pay the sum , and put him in Prison , till he was forced to give Bond for it , and thereafter payed it , unto this Defender his Assigney , who concurred with him , and knew the whole matter , and now craved repetition condictione indebiti . The Defender alleadged Absolvitor , because the Pursuer made voluntar payment , and so homologat the Decreet , and never questioned the same till now . The Pursuer answered , it was no homologation , nor voluntar , he being compelled to grant it , and expected to remeid from the English Judges , with whom the Officers had so grear power ; neither could this be counted any Transaction , seeing the whole sum was payed , nor any voluntar consent , nor homologation , being to shun the hazard of Law : So that though these Officers had been a Judicature , if in obedience to their Sentence , he had payed , and after had Reduced the Sentence , he might have repeated what he payed , much more when they had no colour of Authority . The Lords Repelled the Defense of Homologation . It was further alleadged for the Defender , Absolvitor ; because he offered him to prove , he required his Money from the Pursuer , before he went to Dundee , and got not the same ; and it was his fault he took it to Dundee , being a place of hazard . The Pursuer replyed , that after the said Requisition , he made offer of the Money , and Fiddes would not receive the same , but continued it upon his hazard , as it was before . The Lords Repelled the Defense , in respect of the Reply : and because the Defense and Reply were consistent , ordained the Parties to prove , hinc inde ; the Pursuer his Libel , and Reply ; and the Defender his Defense Weymes , contra Lord Torphiohan Iuly 25. 1661. LADY M●ray , Iean , Elizabeth and Katharine ●●ymes , pursue the Lord Torphichane , alleadging that their Deceased Sister , Dam Anna 〈◊〉 , having a Wodset of 20000. Merks , upon the Barrony of Errot , granted a Bond of Provision thereof to her Daughter Iean Lindsay , thereafter Lady Torphichane , and to the Heirs of her Body , which failzing , to return to the saids Pursuers , with an obliegement , that her said Daughter should do nothing to prejudge the saids Heirs of Tailzie ; which Bond was delivered by the Earl of Weymes to the Defender , then Husband to the said Iean Lindsay , who oblieged himself to make the same forth-coming to all Parties having interest , as accords : Yet thereafter , during the Marriage , the said Iean Lindsay entred Heir to her Mother ; and she and the Defender uplifted the Wodset sum , passing by the Bond of Provision : which sum being in place of the Wodset , and unwarrantably uplifted by the Defender , contrair the Bond of Provision , known to himself , which he was oblieged to make forth-coming ; he ought to refound the sum . The Defender answered , that the Libel is no wayes relevant : for if his Deceast Lady Iean Lindsay , being Feear of the Wodset , did uplift the same , and contraveened the Bond of Provision , nihilad eum , who is but a singular Successor , having Right from his Lady , by Contract of Marriage , whereof there was a minute at the time of his Marriage , expresly disponing this sum , without any mention , ●●knowledge of the Bond of Provision ; and albeit he knew the fame after his Right , nihil est . And as for his Ticket , it can work nothing ; though the Band of Provision were now produced , it being but a Personal Oblidgment , can oblidge none but his Ladies Curators , or Successors , and if they will alleadge , that he is either Heir or Successor Relevant , and his Ticket to make it forthcoming as accords , nihil novi Iuris tribuit . The Pursuer Replyed , That albeit a singular Successor , for an onerous cause might have uplifted the Wodset , and been free , yet the Defender being as the same Person with his Ladie , and having no onerous cause , but his Contract of Marriage , wherein there was a plentiful Tochar of 20000. lib. provided to him besides this , and having known the Band of Provision , before the uplifting of the Sum , and so particeps fraudis he is lyable to make the Sums received by him forthcoming , by the Act of Parliament , 1621. And also by the Common Law , in quantum est accratus alterius dispendio . The Lords found the Lybell and Reply relevant and approven , and therefore decerned Torphichine to refound the Sum. William Ker , contra Parochiners of Cardine . Iuly 26. 1661. WILLIM KER , as Executor confirmed to Umquhile Mr. Andrew Ker his Father , pursues the Minister , and Parochiners of Cardine , for intrometting with his Fathers Steipend of the Kirk of Cardine , in Anno 1652. and 1653. And for the Annatine 1654 , Because his Father died on the 22 of November , 1653. The Defenders alleadged absolvitor , because he being Collegue Minister , placed with the Defuncts consent , and the Defunct being Suspended by the Presbetrie , he got Right to these Years Stepends , and obtained Decreet against the Heritors , and uplifted conform , and so was bona fidei possessor cum titulo . 2. He offered him to prove , by an Act of Presbytrie , that at the time of his entrie he was provided to eight hundred merks of the Defuncts Steipend , by the Defuncts own consent . And as for the Annat , it was not confirmed , and could be extended to no more but the half of 1654. The Pursuer answered to the First , That the Presbytrie had no power to dispose of that Steipend , by the Act of Parliament 1644. because the Defunct was only Suspended ab officio , which makes not the Kirk Vaick , maxime , seeing the Defunct was Reponed by the Synode , and never desposed , and as to the Decreet , at the Defenders Instance , it was given without calling the Defunct , whom he was in mala fide to misken . To the second , That the Act of Prisbytrie cannot prove , unless it had been subscribed by the Defuncts , own hand , matters of Steipend not being the proper work of Presbitries , but proper for civil Judges , especially , seeing the Defunct was Suspended for Preaching for the Engagement , 1648. Against which that Presbytrie protested ; and so the Act being Eairtester , is the more suspect . To the Third , The Annat not being in bonis defuncti , but indulged by the Law , to the Wife , Bairns , and nearest of Kin to the Defunct Minister , and so originally their Right , though upon occasion of his Service , the same needs no Confirmation , and the Defunct having right proprio jure to the whole Year , 1653. Surviving both Terms Anne signifying a Year further must be the heal Year , one thousand six hundred fifty and four . The Lords Repelled the first Defense , and found the Suspension of the Minister not to make the Steipend Vaccand , and had no respect to the said Decreet , whereto the Defunct was not called . They found also the second Defense not probable by the Act of Presbytrie , and found that the Anne needed no Confirmation , but that the Anne did only extend to half a Year more then the Defunct had right to proprio jure . Laird of Lamirtoun contra Alexander Kennedy Farl of Levin . Eodem die EOdem die , The Laird of Lamertoun , upon the Improbation mentioned , Iuly 24. Did then desire that Alexander Kennedy producer of the six Bonds quarrelled , might be examined in presentia , and his Person Sequestrated and Secured , and warrand granted to examine new Witnesses . The Lords superceided to give answer till they considered the Process , and now having considered the same , and finding , that the direct manner of Improbation was not Competent , because the Witnesses were dead ; and that the Pursuer had insisted in the Indirect manner , and had obtained warrand for Inspection of the Dispositions taken in the Cause , both of Alexander Kennedy himself , and of the Witnesses then adduced , and had given in Articles of Improbation , and the Defenders Articles of Approbation , Replyes and Duplyes both which being considered by the Lords , they found grounds of Suspition● and therefore granted all the desires of the Supplication , and Ordained Alexander Kennedy to be keeped close Prisoner in the Tolbooth , till he were re-examined , and Witnesses hinc inde , to be examined by some of the Lords in the Vaccancy , upon what either Parties should desire , which seemed peri●ent to the saids Lords Examinators . Dame Elizabeth Fleming contra her Children November 14. 1661. DAme Elizabeth Flemming Relict and Executrix to Umquhile Malcome Flemming Merchant in Edinburgh , and Tutrix dative to his Bairns , having formerly pursued an Action of Exoneration against her Children , in which she gave up as an Article of her Accompt a hundred pounds Sterling , payed by her to Patrick Scot of Langshaw , whereupon she had retired her Husbands Bond , and taken a discharge upon the back thereof , and had taken her Husbands name therefrom , whereanent the Defenders alleadged , That this being a cancelled Paper , could establish no Debt against them , neither could Patrick Scots discharge prove against them that it was a debt restand by their , Father and payed since his death , as Patrick's Testimony and Oath could not prove , much less his Declaration in wri ; whereupon , the Lords had ordained Patrick Scots Oath to be taken ex officio ; upon the truth of the Debt ; and when it was payed to him , and by whom ; who having D●poned , that it was payed by this Pursuer after her Husbands Death . The Lords did allow the Article : Now the Cause being wakened at the Pursuers instance , and Sir Iohn Gibson now her Husband , one of the Clerks : The Defenders further alleadged , that Patrick Scots oath ought not to have been taken , and could not be sufficient to prove against them , that this was a true Debt , and payed by their Mother , but it behoved to be presumed , if it was a Debt at all , to have been payed by their Father , and the Bond cancelled by him , and left amongst his writs , and found by their Mother there ; and now after her second Marriage made use of against her own Children ; albeit she made no mention of it before : And therefore the cancelled Bond being no Writ● subscribed by the Defunct , cannot prove , nor can Patrick , Scot's Discharge , or his Oath make it up ; nor any other thing , except the Defenders own Oath , or Writ ; seeing Witnesses are not admitted in cases of this Importance . Secondly , though it were Evidently , and Legally Instructed and Proven , yet the Debt was payed by the Mother , she can have no allowance of it , because she payed Voluntarly , not being Tutrix nor Executrix at that time , and cancelled it , and took a discharge of it ; and so it is both unwarrantably done , and must be presumed to have been of purpose , to gift it to her Children out of her opulent Fortune , having given above fourty thousand pounds to the second Husband . The Pursuer answered . That the alleadgances were most Irrelivant , for as to the first , anent the Probation of the truth of the Debt , and payment by the Executrix ; It is sufficiently proven by the cancelled Bond , at which the Witnesses Names are yet standing ; by Patrick Scot's Discharge and Oath , already taken , who is a Person inconcerned ; and above all exception , and if need bees , it is offered to be proven by many Witnesses above exception , who saw the Bond un-cancelled after the Defuncts Death , which is abundantly sufficient , to take away the Presumption , that it was retired , and cancelled , by the Defunct himself , and that such Probation was Legal , and Warrantable ; was formerly found by the Lords of Session , upon the 7th of March , one thousand six hundred twentie nine , betwixt Falconer and Blair , where an Executor pursuing the Hetr , for relief of a moveable Debt , produced only the Defuncts cancelled Bond , without a discharge , and these same points being alleadged ; The Lords found , that the Action ought to be sustained , and the truth of the Debt , and the Payment after the Defuncts decease , to be proven by the Creditors Oath ; or after his decease by the Heirs Oath ; and it is unquestionable , That the Lords , in matters obscure , as to the Probation , may ex ●ob●li officio take all manner of Tryal , for finding out the Truth , by Oaths of Parties , Witnesses , or any other manner of way , in matters of greatest moment , which being here already done , and the Testimony so clear , and of so unquestionable a Person as Patrick Scot , there remaines no doubt , but the Debt was truely owand , and payed by the Relict , after her Husbands decease . As to the second Point , there is no necessity in Law for Executors , or Tutor● to have Sentence , unlesse it be in Cases of Competition , to secure themselves , against other Creditors , pursuing afterwards ; or Cases dubious , where the Probation is not clear , but to pay a clear Debt without burdening Pupils with unnecessary expenses of Law , against which the Pupils can now alleadge nothing , wherein they were prejudged , by voluntar payment , such payments were never Repelled : Especially in the Case of a Woman paying so soon after her Husbands death , nor can it be presumed a Donation , because Donations are never presumed , but must be clearly proven ; and it is very ordinar to those who have Interest to pay the Debts , and Confirm afterwards . The Lords considering the whole Circumstances , found the Article not to be allowed , a be●t they were clear , that the Debt was true , and really payed by the Executrix ; yet seeing she payed , not being then Executrix , nor Tutrix ; and cancelled the Bond , without taking Assignation ; they thought she could not distresse her Children with it , but that it was a Donation in their favour . Dame Elizabeth Flemming contra Iohn ●ibson and Flemming . November 19. 1661. INter eosdem , There was another Article of the said accompt , whereby the said Dame Elizabeth Flemming , having lent out a sum of money , in the Name of Mal●ome and Andrew Flemming's , two of her Bairns , she craved , that the said Sum should be taken in part of payment , of the Portions of the whole Bairns ; or at least , in so far as was more nor the Portions of these two Bairnes , might be declared , to belong to her self . It was answered for the Bairns , that this Bond was a Donation by the Mother , out of her own means , in favours of her Children ; and could not be imputed as a part of their means , because , First The Bond did bear the Money to be lent by her in her Childrens name , and not in her own ; Neither did it bear to be as a part of the Bairns means , nor in satisfaction thereof , as she had specially taken other Bonds in these same Bairns names , and so presumed consideratly , to gift the Sum to these two Bairns , of whom one was a pocthmus Child , born eight moneths after his Fathers Death , and so was not thought upon by his Father , nor provided with Legacies as the rest were , Secondly , The Tenor of the Bond bears expresly , the Sum to be payable to the Mother , in Liferent ; and one of the Children is substitute Heir to another , in case they had not Children of their own , ( Whereas another would have fallen Heir of Lyne to them , viz. An intervenient Brother ) and to them both the Mother her self , and her Heirs were substitute . The Pursuer answered , That supposing this were a Donation ; yet it being a free gift , the mother might do it upon what Terms , and Conditions , and what way she pleased . Ita est , by the Tenor of the Bond. It is provided , that she shall uplift the Sum , during her Life , and the Children after her decease ; by which Clause , she is more nor a naked Life-renter ; and seeing this Clause must be interpret cum effectu , the only meaning of it can be , That during her own Lifetime , she might uplift the Sum , and dispose of it at her pleasure : and so evacuat the fee in her Childrens Persons , seeing there is nothing to oblidge her to re-imploy it for the Bairns use , if she should once uplift it , it , as when a Father Infeft his Son in his Lands , reserving his own Liferent , with power to Dispone , during his own life ; there the Father is Liferenter , yet by that Reservation , he may annull and evacuat the Sons Fee , even so here : For which two Practicks of Dury was adduced , that a Father providing a Sum to himself and his Wife , and the longest liver of them two ; and failzing of them by Decease , to his Son , the Son being Infeft in Fee : and in the other Practick , the Father being expresly infeft in an Annualrent for his Lifetime ; Yet the Lords found , that the Father , during his lifetime , might uplift the sum , and Dispose of it at his pleasure . The Lords found , by the Tenor of the Bond , that the Mother had Constitute her self expresly Liferenter , and the Children Feears : And that the power to Charge for the Money , did bear nothing of a power to her to Dispose of it ; but was only the ordinar Reservation adjected after the Clause of Annualrent , in these words , but prejudice of the said Annualrent to her , during her life , and after her Decease , to ●he Bairns to uplist the money ; and so , that albeit she was not expresly oblieged to re-imploy it ; yet she Constituting her self Liferenter , without a power to Dispose of the Fee , did sufficiently obliege her to re-imploy the sum . And as to the Practicks , the case clearly differed , in this ; that there the Father and Mother were not Constitute Liferenters in the sum , though the Father was mentioned Liferenter , of an Annualrent , accessory to the sum : But the Clause being to the Father and Mother , and after their Decease to the Son. It was clear by the common Practicks , that the Son was not Feear , but Heir Substitute ; so that the Father was Feear , and might Dispose at his pleasure . November 20. 1661. In the foresaid Cause , It was further alleadged for the Tutrix , that the Bond in question could not be accounted a Donation , notwithstanding the Reasons before adduced , in so far as she was Debitor to the saids two Bairns , for their Portion , quia debitor non presumitur donare ; and therefore , Provisions granted by Husbands to their Wives , albeit they mention not the Contract of Marriage , but love and favour : And so in the Terms of a Donation , yet it is alwayes interpret , to be in satisfaction of a prior obliegement in the Contract of Marriage , and not , that both the posterior and former Provision , are due to the Wife . It was answered for the Bairns , that though Donation be not presumed , yet when by the Nature of the Deed done , it appeareth to be animo donandi ; I it is truly such , albeit it bear not the name of a Donation , especially in this case : Which Law excepteth from that general Rule , that Parents bestowing sums for the use of their Bairns , from their natural affection , are alwayes presumed to gift , and not to satisfie any former Provision , unless it were so exprest : Upon which ground an Infeftment granted by a Father to his Son , though but a Bastard , Redeemable upon a sum of Money , was not found in satisfaction of a former Bond , granted by him to that natural Son , as is observed by Dury , upon the 24. of Iuly 1623. Stuart contra Fleming : But here , not only is this Bond , not in satisfaction of the former Portion ; but bears a Clause of a Liferent , and of a return to the Mother , which are incompatible with an intention of satisfaction . The Lords found the Bond to be in satisfaction of the Bairns Portions , pro tanto , and a Donation pro reliquo ; which many thought strange , seeing a Bond of 100. Sterling , mentioned 14th . Instant , re●eired and payed by the Mother , and being proven by Patrick Scots oath , so to have been done , to the satisfaction of most of the Lords , which was clogged with no Provision , was not allowed to be in Satisfaction of these Bairns Portions . Bosewel contra Bosewel . November 22. 1661. JOHN Bosewel Pursues Bosewel of Abden , as representing Henry Bosewel his Father , for payment of a 1000. pounds , due to the Pursuer , by the said umquhil Henry , and insisted against the Defender , as lucrative Successour , by accepting a Disposition of Lands , and Heritage , from the said umquhil Henry , whereunto he would have succeeded , and was therein his appearing Heir . The Defender alleadged , he was not lucrative Successor ; because the Disposition was for Causes onerous . The Pursuer answered , non relevat , unless it were alleadged for Causes onerous , equivalent to the worth of the Land ; as was formerly found in the Case of Elizabeth Sinclar contra E●phingst●●● of Cardo●● . The Defender answered maxime relevat , to purge this odious , passive Title , of lucrative Successor , which is no whe●e sustained , but in Scotland ; specially , seeing the Pursuer hath a more favourable remeid , by Reduction of the Disposition upon the Act of Parliament , 1621. if the price be not equivalent , and there it is sufficient , to say it was for a considerable sum , or at least , it exceeded the half of the worth , for there is latitude in buying and selling , and as an inconsiderable Sum could not purge this Title ; so the want of an inconsiderable part of the full price , could as litle incur it . The Lords before answer , ordained the Defender , to produce his Dispositior , and all Instructions of the Cause onerous thereof , that they might consider if there was a considerable want of the equivalence of the price ; here the Defender pleaded not , that he was not alioqui successurus , the time of the Disposition , being but Consing German to the Defunct , who might have had Children . Dowglasse contra Iohnstoun . Eodem die . EODEM die , In the Competition between Dowglass in Abernethie , who Confirmed himself Executor Creditor to Gilbert Weymes in Dumblane , where Gilbert dwelled ; and Iohn Iohnstoun as Executor , Confirmed to the said Gilbert , by the Commissars of Edinburgh ; because Gilbert in a Voyage from Scotland to Holland , died at Sea. The Lords found the Commissars of Edinburgh to have no Right , unless the Defunct had died abroad , animo remanendi , This Interlocutor was stayed , till the Commissars were further heard . Marjory Iamison contra Rodorick Mccleud . December 3. 1661. MARIORI Iamison , Relict of umquhil Mr. Iohn Alexander Advocat , pursues Rodorick Mccleud , for payment of a Bond of Pension , of 200. merks yearly , granted to her Husband , bearing , For Service done and to be done . The Defender alleadged the Libel is not relevant , unless it were alleadged , that Mr. Iohn had done Service constantly , after granting of the of the Pension , which the Lords Repelled . The Defender alleadged further , that he offered him to prove , that Mr. Iohn did desist from his imployment as Advocat , after the Pension , and became Town Clerk of Aberdeen ; and the Pension being granted to him , who exerced the Office of an Advocat at that time , must be persumed for his Service , as Advocat . The Lords Repelled this Defense , in respect of the Bond of Pension , bearing , For Services done and to be done , generally . Sir Robert Farquhar contra Lyon of Muiresk . Eodem die . SIR Robert Farquhar , pursuing a Reduction of a Disposition , against Iohn Lyon of Muiresk , upon Circumvention . The Lords granted Certification , unless not only the Extract , but the Principal Disposition were produced , in respect they were registrate at that time , when the Principals were given back to the Parties . Thomas White contra Crocket . December 4. 1661. THOMAS White pursues Patrick Crocket in Eliot , to make payment of the sum of 600. merks , which the Pursuer alleadged he had in a Leather-Girdle , when he lodged with Crocket , being in an In-keepers House , and that the Defender promised that the Pursuer should want nothing , after the Pursuer had shown him the said Girdle ; yet the Defender came ordinarly in the Chamber , where the Pursuer lay that night , and he wanted his money from under his head , which he declared , and shew to the Defender the next morning : and therefore , according to the Law , nautae caupones stabularij &c. ( which is observed in our Custom ) the Defender as Keeper , ought to be Decerned to restore . The question was here only , of the manner of Probation . The Lords found all the Libel Relevant to be proven , pro ut de jure , and declared , that these being proven , they would take the Pursuers oath , in litem , upon the quantity . Baillie of Dunnean contra Town of Inverness . Eodem die . BAILLIE of Dunnean pursues the Town of Inverness , for violent Intromission in his Moss , and molesting him therein , both Parties were content to Dispute , as in a Molestation . The Defenders alleadged Absolvitur ; because the Town of Inverness was Infeft in their B●rgh and Burrow-lands , with common Pasturage in Montkapl●ch , and offered them to prove , the Moss contraverted , was a part of Montka●loch , and that they have been in constant Possession thereof accordingly . The Pursuer Replyed , the Defense ought to be Repelled ; because he offered him to prove , that he was Infeft in his Lands of Dunnean , with Parts and Pertinents ; and that the Moss contraverted , was proper Part and Pertinent of his said Lands , and that he was in use to debar the Defenders therefrom , and to get Moss Mail for tollerance , to cast therein , and produced the same , under the hand of nine of the Citizens , and one by their Clerk ; and therefore , being in libello , ought to be preferred in Probation . The Lords before answer , granted Commission to Examine Witnesses , hinc inde , upon the Possession of either Party : Which being Reported , the Defenders craved the same , with the Dispute , to be Advised . The Pursuers Procurators alleadged , there was yet no Litiscontesta●ion , and they were not Insisting , and the Defenders could not compell them to Insist , without a Process to Insist , with certification : in which case , they would get a day to Insist . The Lord found , that the Probation being taken before Answer , was equivalent to Litiscontestation , as to the Points Proposed , and that they mi●ht proceed , both to Advise the Points of Probation , and Relevancy together , and might instantly Decern accordingly ; albeit it hindred not the Parties to Propone other Alleadgences , in jure , then it were in the Dispute , as in ordinary Litiscontestation : and therefore the Lords considered the Parties Infeftments , specially that of the Town of Inverness , bearing , with liberty to them to cast Fail and Divote , in the Month of Kaploch , and several other Months , according as they were accustomed of before . Which Clause the Lords found to be Qualified and Taxative , and not to give an absolute Right of Commonly , but only such as they had before , which behoved to be cleared by Posterior long Possession ; and found by the Depositions of the Witnesses , that that part of the Town of Inverness , on the North●side of the Water , only had been in Possession , by casting Peats in the Moss contraverted , and that the same is a part of Month Kaplock , and that the Pursuer had proven the Right of Property therein : And therefore ordained the Town of Inverness , on the other side of the Water , to desist from the Moss contraverted , and granted Commission to se●tle the Parties , anent their place , in casting in the Moss , or in case of variance , to Report . Iean Dalmahoy contra Hamiltoun of Binnie . December 6. 1661. JEan Dalmahoy Charges Alexandee Hamiltoun , of Binnie , for a Tack-Duty of 2000. merks , due to her for her Liferent-lands ; he Suspends on this Reason , that he has taken the benefit of the late Act of Parliament , between Debitor and Creditor and this Sum being above 2000. merks , stands thereby Suspended for six years . The Charger Answers , non relevat , because the Act extends not to Rents , or Tack-Duties of Lands , albeit exceeding 1000. Pounds ; but only to borrowed Sums , and other money bearing Annualrent ; which in Recompence of that forbearance , are accumulat with the Principal Sums . The Lords found the Act not to extend to Rents , or Tack-duties , and therefore repelled the Reason . Iames Hoom contra Abraham Hoom. Eodem die . JAmes Hoom as Assigney to a Reversion , and order of Redemption used by the Earl of Hoom , against Abraham Hoom , pursues Declarator of Redemption , and Removing in the same Process . The Defender alleadged Absolvitor , because the Reversion expressed not Assigneys ; and therefore , the Defender cannot be oblieged to renounce to the Pursuer , an Assigney . Secondly , At the time of the Confignation , the Earl required the Wodsetter to Subscribe the Renounciation , to a blank Person , upon a back Bond , declaring the same to the Earls behove , which he was not oblieged to do by the Tenor of the Reversion . Thirdly , No Declarator , till the Earl produce the Sum at the Bar , seeing he lifted it himself . The Lords found , that albeit the Reversion expressed not Assigneys ; yet seeing the Order of Redemption was used , by the Earl himself , the Assigney had sufficient Right , but Decerned the Defender to Renounce only in favour of the Earl and his Heirs , but not to Dispone to any other Person , as the Earl desired ; and Declared , there should be no Decreet extracted , till the Consigned Money were produced , and given up , neither did they decern in the removing , till the Parties were further heard thereupon . Alexander Tailzifer contra Sornebeg . Eodem die . ALexander Tailzifer , as Heir appearand to umquhil Tailzifer of Redheus , Pursues Mistresse Margaret Forrester , his Uncles Relict , and Iohn Schaw of Sornebeg , her Husband , for Exhibition , ad deliberandum , of all Writs granted , not only to the Defunct , but also granted by the Defunct , to his said Relict , or any other Person . The Defender alleadged , non relevat ; for Writs granted by the Defunct to the Defender , or other Persons ; because , albeit the Pursuer were entered Heir , he had no interest for Exhibition thereof , unlesse there were Clauses in his favour therein , & nemo tenetur edere instrumenta contra se ; and if this were sustained , it were the way to make patent , all the Charter Chists in Scotland , at the Instance of appearand Heirs , under pretence to Deliberat , but in effect to pick Quarrels , and find the weaknesse thereof . The Pursuer answered , maxime relevat ; for seeing the Law gives Heirs the benefit of Deliberation , they must have the necessary means thereof , by Inspection , not only of the benefite , but also of the burden of the Defunct , without which they cannot know , num sit damnosa haereditas : Especially in this case , against a Relict , who probably might have had Influence upon the Defunct Husband , to grant Right to her , that might Evacuat the Heritage : And in this case , the appearand Heir had a more large Interest to crave Exhibition , nor the Heir Entered , who could only crave Exhibition for Delivery , Transumpt , or Registration , and so behoved to Libel a peculiar Interest ; but the appearand Heirs Interest , is only ad deliberandum : And therefore , the Exhibition , as medium thereto , must reach to all , whereupon he ought to Deliberat . Especially the Defuncts Debt ; and albeit it be true , nemo tenetur edere instrumenta contra se , to found , or give Title to the Pursuers Action : Yet he having Title by the Law , to crave Inspection for Deliberation , hath good Interest : Yea , if he produce a Title in himself , he may even force the Defender to Exhibite Writes , ad probandum , by an incident , as well as third Parties , to whose Writ he hath no Right , save only to bear testimony for him . The Lords having heard this Case in their Presence , because the Point had been variously Decided , as to Writs granted by Defuncts , found the Libel Relevant ; not only for all Writs , granted to the Defunct ; but also granted by the Defunct , to his Relict Bairns , or Servants , in his Family , at the time of his Death , being such Writs , upon which no Infeftment followed ; for as to these , they thought the Registers may give as much Evidence , as was sufficient to Deliberate , and would not upon this ground , open Charter Chists , for shewing real Rights , and the plurality carryed , that even Personal Rights , granted to strangers , should not be produced , hoc modo ; severals being of the opinion , that Debts , Discharges and Personal Rights , should be thus Exhibite . In respect that Heirs in Scotland were lyable simpliciter , for all the Defuncts Debts : And therefore , should have Inspection , as well of his Debts , as of his Estate , as was found before , between the Lairds of Swintoun and West-nisbit , observed by Dury , February 26. 1633. Katharine Kinross contra Laird of Nunthil . December 10. 1661. KAtharine Kinross , having Charged the Laird of Nunthil , for payment of a Bond , granted to her first Husband , and the longest liver of them two , and their Heirs ; which failzing , his Heirs ; he Suspends on this Reason , that she is but Liferenter , and the Defunct being Infeft in Fee , she would not Renounce , but the Heir : Which the Lords Sustained , and found the Letters only orderly proceeded for the Annualrent . The Earl of Roxburgh contra Mcdowal of Stodrick . December 11. 1661. THE Deceased Earl of Roxburgh , having obtained Decreet of the Commission , for the valuation of Teinds , in Anno 1635. against Mcdowal of Stodrick ; this Earl having Right from the Deceast Earl , pursues Stodrick for payment of the valued Duty . The Defender alleadged , no Process , because he had intented Reduction of the said Decreet , and Improbation of a Procuratory mentionated therein , to have been produced by Mr. Robert Trotter , warranding him to consent for Stodrick , to that Valuation ; which is the only ground of the Decreet , without either Dispute or Probation . In which Reduction , Terms are taken to produce ; and being prejudicial to this Action , it must be first Discussed . The Pursuer answered , that there can be here no prejudiciallity , which is only betwixt two Principal Actions : but here , res est judicata , by a Decreet , & stat sententia , & dubius est eventus litis ; neither can Reduction , which is a petitory Judgement , sist the Pursuers Process , which is a possessory Judgement , upon pretence of prejudiciallity ; otherwise Possession might still be inverted upon such pretences ; Nor can the Earl be put from his Possession thereby : Especially for the years preceeding the intenting of the Reduction . The Lords Repelled the Defense , as to the years , ante litem motam , by the Reduction , but Sustained it for the years since , in respect the Earls Possession was not clear , and that the Valuation was exorbitant , near as great as the Stock . Hellen Hepburn contra Hamiltoun of Orbestoun . December 12. 1661. HEllen Hepburn , as Executrix to her Father Humbie , Pursues Sir Iames Hamiltoun of Orbestoun , for payment of a 1000. merks , due to her Father by Bond. The Defender alleadged Absolvitor , because there being a Bond of 10000. pounds granted by Balhaven , Humby , Prestoun , and Orbestoun , for the use of the late Duke of Hamiltoun , but there being nothing to Instruct that it was the Dukes Debt : yet there was a Transaction with the Dutches of Hamiltoun , for a lesser Sum , whereof Balhaven , Prestoun and the Defender , had payed their part : by which Transaction , the Pursuers Tutrix and Overseer , did agree to quite this Bond , in respect that her Father was acquited of any share of the Bond , of 10000. pounds . The Pursuer answered : First , That the Defense ought to be Repelled ; because , being but a Verbal Agreement , before Writ was subscribed , either Party might Resile . Secondly , The Transaction cannot be Instructed , there being no Write , and Witnesses are no competent ; neither can the Tutrix Oath prove against the Pupil . The Defender answered , to the first , that the Transaction being pactum liberatorium , it required no Write , and so there was not locus penitentiae . And as to the Probation of the Transaction , though Tutors Oath of Knowledge , of any Debt of the Pupils Predecessors , will not prove against the Pupil , because the Tutor is singularis testis , and not in officio : But a Tutors Oath as to Deeds done by himself , in officio , would sufficiently prove the same . The Lords thought there was not locus penitentiae , from the Tra●saction , though but Verbal : but as to the manner of Probation , they ordained the ●utrix , and overseers Oaths to be taken , ex officio . Gordoun of Gight contra Abercrombie of Birkbog . Eodem die . SIR Alexander Aberc●omb●e of Birkbeg , having obtained Decreet of of Ejection , against Sir George Gordoun of Gight , for Re-possessing him in certain Lands , and paying the double Rent for the violent Profits . Gight Pursues Reduction of the Decreet , on these Reasons● First , because there was no Law nor Practick , to make the violent Profits of Lands , without Burgh , to be the double of the Rent ; which is only competent by Custom , in prediis urbanis . Secondly , The Ejection was prescribed , not being intented within three years , conform to the Act of Parliament . Thirdly , Gights Defense of Entring , in vacuum possessionem , was only found probable , scripto vel juramento , whereas being facti , it was probable by Witnesses . The Lords Repelled the First and Second Reasons , as Competent , and emitted in the Decreet , and as to the Third , The Decreet did bear the alleadgence in the Decreet , to be Gights entring into void possession , with consent of Partie , which consent not being qualified by any palpable fact was not Probable by Witnesses . Iames Hamiltoun contra the Tenents of Overshe●ls . December 13. 1661. JAmes Hamiltoun Merchant in Glasgow , having right to two apprysings of the Lands of Oversheils , Pursues the Tennents for Mails and Duties , and after Litiscontestation , Iohn Rollane Writer Compears for his interest , and produces an Apprysing , at his Instance ; with a Charge against the Superiors . It was alleadged he could not be admitted in this state of the Process . The Lords admitted him , in respect he craved no alteration to be in the Litiscontestation , but concurred therein , and craved Preference to what should be found due thereby : The said Iohn being admitted , alleadged , he ought to be Preferred , because he had charged the true immediate Superiour , whereas the other two Apprysers had taken Infeftment , as if the Lands had holden immediatly of the KING . It was answered for Iames Hamiltoun , that he ought to be preferred , because he was Infeft long before Iohn Rollane , and supposing his Infefment were not of the immediate Superiour , yet being in Possession , by vertue thereof , five or six Years , he hath the benefit of a Possessorie Judgement , and his Infeftment cannot be taken away without Reduction . The Lords preferred Iohn Rollane , and granted not the benefit of a Possessorie Iudgement without seven years Possession . Iohn Boyd contra Laird of Niddrie and Edmonstoun . Eodem die . JOhn Boyd , as Assigny Constitute to a Bond of a thousand merks by Wolmet , charged Niddrie the Debitor , who Suspends on double Poynding : In which Compearance was made for Iohn Boyd , who having declared upon Oath , that the Assignation was to his behove , for the satisfaction of the Sum of fourteen hundred pounds , and that the remainder was to Wolmets own behove ; according to which he had granted back bond to Wolmet , and thereafter granted a second back bond to Major Bigger ; oblidging him to make the Sum forthcoming to Biggar , which was done before any Arrestment ; but depones , that he knows , at that time his first back bond was given , and that a Discharge of his first back bond produced , was by a mistake , keeped up by Major Biggar , and not delivered up to him till within this few days ; upon this Oath , the Laird of Edmonstoun , who had arrested all Sums due to Wolmet in Niddries the Suspenders hand , in Iune 1658. alleadged , That the ought to be preferred to Biggar , because it is clear , by the Oath , that the superplus of the Sum was to Wolmets behove , and he having arrested it before the discharge of Iohn Boyds first back bond was delivered to Iohn Boyd , or expresly delivered , to Iohn Boyd's behove , or otherwayes , that the first back bond were re-delivered , no deed that Iohn Boyd could do without Wolmets expresse consent , could prejudge Wolmets Creditors . It was alleadged for Biggar , that albeit the first back bond was not delivered back to Iohn Boyd before the Arrestment , nor the discharge delivered to him , yet Wolmet having subscribed the discharge , and delivered it , albeit it came not to Iohn Boyds hands , it was sufficient to take away the first black bond . The Lords preferred the Arrester , and found the discharge could operat nothing , unlesse it were delivered to Iohn Boyd , or some Person to his behove , before the Arrestment , for they thought if discharges by Creditors put in a third Parties hands , not delivered to the Debitor , should be sufficient ; it would e●ervart all Arrestments , unless the deliverie were exprest to the Debitors behove . Homes contra Iohn Bonnar . December 14. 1661. MAry and Homes , as Donatar to the Escheat , and Liferent of Umquhile Iohn Home , pursued Iohn Bonnar , for Compt , Reckoning , and Payment of the Sum of 16000. merks due to the Rebel , for the price of a House . The Defender alleadged absolvitor , because he had bona fide made Compt , Reckoning and Payment to Mr. Alexander Home , Assigny Constitute by the Rebel , before any Citation , or Diligence done against him , to put him in mala fide , so to do , and produced the Assignies discharg , bearing , that the Defender had made Compt with the Assigny● and that there remains only the Sum of 1100. merks , which he acknowledgeds to have received , and therefore discharged him of the whole . The Pursuers alleadged the discharge , not bearing Payment of the whole Sum , but only of 1100. merks ; nor yet bearing● that the Instructions , were given up to the Assigny cannot exoner the Defender ; but he must yet Re-produce the Accompt , and Instructions thereof , likeas he has produced a great part thereof in this Process , because no discharge could be relevant , to liberat this Defender , but only payment made bona fide . The Lords found the Discharge sufficient , to liberat the Defender ; mainly , because , albeit the Discharge mentions not the Instructions to be given up , yet the Defenders was not oblidged to preserve the same , or be at the hazard thereof . The Pursuer further offered them to prove , that the Defender had yet in his hand , the accompt and whole Instructions , and therefore ought to repreduce the same , that the Lords might consider , whether the Rebells Assignyes had allowed any thing to him , which ought not to be allowed , and did belong to the Donatar , which the Lords sustained . Iames Dewar contra Countess of Murray . December 19. 1661. JAmes Dewar , pursues the Countess of Murray , for Ejecting him out of certain Lands , whereof he had Tack , and Spuilzing from him certain Goods . The Defender alleadged absolvitor : because there was a Clause in the Pursuers Tack● providing that if two Years Dutie run together , the Tack should expire , and in that Case he Renunced the Tack , and thereafter the Pursuer having Compted with the Defenders Chamberlain , by Writ produced ; he acknowledged himself Debitor , in such Sums , and such Duties for bygone Years , with this Provision , that if he Failzied in payment thereof , my Lady should , ( at her own hand , ) intromet with the Corns , and others lybelled , which were disponed to her , for satisfaction of the Rent ; and likewise , it should be leisum , to my Lady to set the Lands to any other Tenent thereafter , at the Term of Mertimess , and to Dispose thereof , at her pleasure . The Pursuer answered , non relevat , unlesse by Authority of a Judge , the Failzie had been Declared . The Defender answered , maxime relevat , because Declarators are only necessar , in Reversions , Back-tacks , or Infeftments , being of great Importance ; but not in ordinar Tacks , betwixt Master and Tenent . The Lords found the Defense relevant , founded upon the Accompt , and Bond ; in respect of the Tenor thereof as a foresaid ; but would not have so done upon the Clause of the Tack , unless it had born expresly a power to enter to the Possession at any time brevi manu . The Pursuer further Replyed , That the Defense ought to be repelled ; because he offered to prove , before the Ejection , he had payed a great part , and offered the rest . The Lords having considered the Instructions of Offence produced , found , that it was not Speciall , bearing any Sum of money produced , or offered , and that there was no Consignation following thereupon ; and therefore sustained the Defense , notwithstanding the Reply . Earl of Rothes contra Countess of Buck●leuch . December 20. 1661 THE Earle of Rothes ; as Donatar to the Waird of the Countess of Buckcleugh , and the said Countess , for her self , pursued the Tutors of Buckcleugh , for Exibition of the Charter Chist , and heal Evidences , and Writs therein , that the Donatar may have Inspection thereof , to the effect he may know● what Lands are Waird . The Tutors Compeared , and disclaimed the Pursuit , at the Pupils Instance , and alleadged . First , No Process , till the Countess were called 2dly , The Lybel is not Relevant , to conclude Inspection of all Writs whereunto the Donator can pretend no interest 3dly . Non relevat for any Writs , because no body is oblidged edere Instrumenta contra se. 4thly , If there were any ground for this Pursuit , the Lands holden in Waird , behoved to be particularly Lybelled . The Lords Repelled the first Defense , inrespect the Countess was in processu , and found the second Defense to restrict the Inspection , only to the Countess and her Sister and Father , there Retours , and Warrants thereof , and no more , unlesse the Pursuer condescend particularly of other Waird Lands , and appointed one of their number to have Inspection of the Charter Chist , who should show the the Procutators of either Partie such of the Writs as they found were Waird . Hew● Montgomerie contra Lord Kirkcudbright . Eodem die . HEw Montgomerie of Grainshaw , and Meclellane his Spouse , pursues the Lady Kirkcudbright , for Ejecting them out of the five pound Land of Overlaw , and craved Re-possession , and payment of the Maills and Duties intrometted with . The Defender alleadged no Process , because it is not alleadged , that the Pursuers was in Natural Possession ; for only the Natural Possessors can have Decreet of Ejection , because , if there be no deed of violence Lybelled , but only Intrometting with the Maills and Duties , Ejection is not competent , nor any Violent Profits , but only Action for Maills and Duties , against the Tennents , or Intrometters . The Pursuers answered , That Ejection may be Competent , though the Pursuer was not in Natural Possession , when a Tennent is Ejected , and a Stranger , without Interest , enters in the Natural Possession ; albeit the Tennents should Collud , or neglect , the Heritor having but civil Possession , by uplifting of Maills and Duties , needs not warn the Ejecter ; but may crave to be Entered , to the Natural Possession , and the Violent Profits . The Defender alleadged , the Case is not here so , unlesse it were alleadged , the Tennents were cast out ; but the Defender may Defend the Right , to the Maills and Duties , upon a better Right then the Pursuer . The Pursuer answered , That he declared , he craved only Re-possession , to the ordinar Profits . The Lords Ordained the Parties to Dispute their Rights to the Maills and Duties , and Possession , as in a Double Poynding , and as if the Duties were yet in the Tennents hands . The Defender alleadged further , that she hath right to the Maills and Duties ; because she offered her to prove , that the Pursuers Father in Law granted a Back-band , oblidging himself , and his Heirs , to Re-dispone these Lands to Umquhile Robert Lord Kirkcud●right , from whom the saids Lands were Appryzed , to which Apprysing the Defender hath Right , and thereby has Right to the Back-bond , and that the Defenders Wife represents her Father as Heir , or at least as Lucrative Successor after the Back-bond ; and so as he might thereupon have debarred the grant of the Back-bond , so might the Pursuer , as Representing him . The Pursuer alleadged , 1. Non Relevat , because the said Back-bond is but a Personal Obligation , and the Defender had thereupon no Real Right , but only to the Superioritie ; because , by discharges of the Few-dutie produced , he acknowledged the Pursuer to be Proprietar . 2dly , If any such Back-bond was ( no way granting the same , ) he offered him to prove , that it was Conditional ; so soon as the said Umquhile Robert Lord Kirkcudbright should require : Ita est , he has never required . The Defender alleadged , he had done the equivalent , because in a Double Poynding formerly pursued be the Tennents , he had craved Preference , and the Pursuer alleadged , upon the Condition of Requisition in the Back-bond , and also that be the Back-bond , the granter , and his Wifes Liferent was preserved : whereupon the Defender was excluded . The Lords ●●und the Alleadgeance of the said Double Poynding was not Equivalent to the Requisition ; and therfore found the Replyes Relevant , and Assigned a day , to the Defender , to produce the Back-bond , and to the Pursuer ●●●●prove the Qualitie● thereof , and so found the Reply not to acknow●●ge the Defense , but reserve it to either Partie to alleadge contra ●oducenda , and found the Personal Obligdement sufficient to d●bar the Pur●●●● albeit the Defender had no other Real Right , seeing thereby she was oblidged to grant a Real Right to the Defender . Alexander Barns contra Applegirth . Ianuary 1. 1662. ALexander Barns having ( Conform to the Act made by the Iudges , ) obtained Letters of Horning Summarily , at his Instance , as Heir to his Brother Iames B●rns , upon production of his Retour , and a Bond granted by Iohnstoun of Applegirth ; and thereupon , having Denunced him , and Apprized his Lands ; Applegirth Suspends , on this Reason , because the foresaid Act of the Iudges was now Void , and by the late Act of Parliament , confirming their Judicial Proceedings , liberty is granted to quarrel and reduce them upon Iniquity , and this was Iniquitie to charge him Summarily , contrair to Law. The Charger answered non Relevat , because he followed the Order in use at that time ; and the liberty of Quarrelling is , for Unjustice in the Matter , and not in the Order of Procedor ; for then all their Debates would be null , because they proceeded not upon Continuation , and Letters . The Lords sustained the Charge , as a Libel , to the effect , the Suspender might have his Defenses , ( if he any had ) to be proven not i●stantlie , but upon Terms , but declared the Apprysing should stand valid , for whatsomever was found due , but prejudice to the Horning , as accords . Sir Alexander Hoom of St. Bathanes contra Orr and Pringle . Ianuary 3. 1662. SIr Alexander Hoom of Saint Bathanes , having pursued Improbation and Reduction , upon Inhibition against Iohn Orr , and Wate● Pringle , and insisted for all Writs of the Lands in Question , made to the Defenders Predecessors , and Authors of the Lands in Question , and the Defender having alleadged no Process , for Writs made to his Authors ; unlesse they were called ; and having condescended particularly on , the Authors to be called . The Pursuer offered him to prove , that these Authors were fully denuded , in favours of the Defender , and that the Writs were in the Defenders own hands . The Defender answered non Relevat , though they were in his hands ; because his Authors being lyable for warrandice , ought to be called , to defend there own Rights . The Pursuer answered , the Defender might intimate to them the Plea. The Defender answered , he was not oblidged to Intimate the Plea ; but the Pursuers to call the Authors , in this Case , the Summonds was sustained , for his Authors Writs , in Anno one thousand six hundred fiftie nine Years . And now the Pursuer insisting , for the Defender , taking a second time to produce . The Defender having a reviewe of the said Act , and Interlocutor . The Lords reponed the Defender , and would not sustain the Pursuit , or Act , as to the Authors Rights uncalled . Tippertie contra his Creditors . Eodem die . Innes of Tippertie , being charged by several of his Creditors ; Suspends , and alleadged payment made by the Suspenders Son to them . The Chargers answered , non Relevat ; because they declare the Charge to be to that Sons behove , who payed them , so that they must alleadge , it was payed by his means . The Suspender Replyed , That seeing they declared it to be to his Sons behove , the payment was sufficient , because he offered him to prove , by a Transaction , the Son was oblidged to pay his Debts . The Charger answered ( denying any Transaction , ) if it were proven , the Suspender behoved to instruct his part of it performed . The Lords found the Reasons and Reply relevant , reserving the said alleadgance against the Transaction , when produced . James Seaton contra Anothonie Rosewall . Jannuary 4. 1662. JAmes Seaton and others , pursue Anthonie Rosewall , to hear it found and declared , That two Apprysings , to which he had right , were fully Satisfied , by his , and his Authors Intromission , within the Legalls respective , in the Compt. The Defender alleadged , he was only comptable , according to his intromission , conform to the Act of Parliament one thousand six hundred twenty one , anent Apprysings , and not according to a Rental of the Lands ; as they payed , when he entred . The Pursuers answered that , that they could not charge him by his Yearly Intromissions , which they could not know , but he behoved to charge himself with the Rent of the Lands , as they payed at his entrie thereto , and if any Deductions , or Defalcations were in subsequent Years ; by necessary setting of the Lands , at a lower Rate , poverty of the Tennents , or waste , he behoved to condescend there upon , and their the Reasons , and Veri●ty thereof , for in Law , an Appryzing giving jus pignoris pratorij , the Appryser is comptable for his Diligence , having once entered in Possession , and thereby excluded the Debitor , and Con-creditors from the Possession . It were against Law and Conscience , to say , That if he should abstain , and suffer the Tennents to keep the Rent , or Depauperat , or the Lands to be waste , without any Diligence , that his Legall should thereby expire , and the Debitor and Creditor should be excluded ; as was found in the Case of the Earl of Nithisdale , and Countess of Buckcleugh , and was several times so found , be the Lords before . The Lords found the Defender comptable by a Rental , as the Lands payed the time of his Entry , but Prejudice of his just Defalcations , he clearing a reasonable Cause thereof , and proving the truth of the same ; for they thought , that albeit , Apprizers are only comptable for their Intromission , That is only for such parts of the Lands , as they intend only to possesse , and not for these they never possest ; yet in so far as they once entred to possesse , they must do Diligence . It was further alleadged , that no allowance ought to be given to the Defender , of a Composition he had given to the Superiour , in respect a prior Appryzer had given a Composition before , and so he was oblidged for none . The Defender answered , that both the Prior and Posterior Composition was within a Years Rent , which was due to the Superiour , which the Lords allowed , seeing it was not alleadged that the Composition of a Years Rent was discharged by the Superiour , but only according to the Custome of the Burgh , where the Lands lay , so much marked upon the Precept received in name of Composition . Earl of Lauderdail , contra Tennents of Swintoun . Ianuary 7. 1662. EArl of Lauderdail , as having Right to the Forefaulture of the Barony of Swintoun , pursues the Tennents for Maills and Duties , George Livingstou , one of them alleadges , that he must be assoilzied from one Years Dutie ; because he offers him to prove , That it is the Custom of the Barony of Swintoun , at least of a distinct Quarter thereof , That the Tennents do always , at their entry , pay half a years Rent , and are free of Rent at the Term they remove ; and so do all a long pay a Year , at the least half a Year before the hand , and subsumes , that he has payed accordingly to Swintoun himself , for a Terms Maill , due for the Crop which is after the pursuers Right . The Pursuer alleadged non Rel●●at , against him a singular Successor , or against the KING his Author ; because , that Partie that hath Right to the Land , hath Right to the Fruits , and so to the Rents , which is payable for the fruits , which were extent upon the Land , or growand after that Parties Right● and no payment before the hand , can liberat the Possessor , from the Pursuite of a Singular Successor ; Therefore it hath been frequently found , that payment before the hand is not Relevant against an Appryzer , yea even against an Arrester , so that the KING and his Donatar ( since their Right was established and known ) cannot be excluded , by payment before the hand , to a partie who had no Right to the Land , or to the Fruits , that Year , otherwayes both the KING , and Creditors might be defrauded , by Fore-maills , or by Tacks appointing the Fore-mail to be payed , the first Term , ( whatsoever length the Tack be , ) Secondly , Any such alleadgances were only probable scripto vel juramenio . The Defender answered , that the Case here is not like the Fore-maills instanced , because every Year is payed within it self , and so the first Year , the half at the beginning thereof , and the half at the middle thereof , and subsequent Years conform , which must be sufficient to the Tennent otherways Tennents paying at Whitsonday and Martinmess , should not be liberat , because the whole Year is not run out , or a Tennent paying his Ferms at Candlesmass should not be secure , against Singular Possessors for the profit of Grasse thereof , till Whitsonday . The Lords found the Defense Relevant , and the Custome of the Barony to be proven by Witnesses , and likewise the payment of the Dutie in so far as in Victual ; and also for the money not exceeding an hundred pounds Termlie . Iames Stewart , contra Feuars of Aberbadenoch . Ianuary 8. 1662. JAmes Stewart , as being Heritably infeft in the Milne of Aberbadenoch , pursues the Feuars of the Barony , for abstract Multures of their Corns , growing within the Barony ; or which tholed Fire and Water within the same . The Defenders alleadged absolvitor ; because they are Infeft in their Lands , feu of the KING , long before the Pursuers Infeftment ; which Infeftment bears , cum Molendiuis & Multuris , in the tenendas . The Pursuer Replyed , that albeit that Clause were sufficient Liberation amongst Subjects , yet this is a Milne of the KINGS Propertie , whereunto Thirlage is sufficently Constitute , by long Possession , of coming to the Milne , and paying in Towns Multures , and Services ; ( as is Craig's opinion , ) and hath been so found by the Lords , February 5. one thousand six hundred thirty five , Dog contra Mushet . The Defender answered , That albeit Thirlage to the KINGS Milnes may be Constitute without Writ ; yet cannot take away an expresse Exemption granted by the KING . The Lords Repelled the Defense , in respect of the Reply ; because they though● that this Clause being but in the tenendas , past of Course , and when Sig●a●●●● are past the KINGS hand , or Exchequar's , they bear only ten●ndas , &c. without expressing the Particular Clause , which is afterwards extended at the Seals . The Defenders alleadged further absolvitor , from the Multure of the Teind , because that was not Thirled ; nor had the KING any Right thereto , when he granted the Infeftment of the Milne . The Pursuer Replyed , the Defense ought to be Repelled , in respect of the long Possession in Mol●ndo Regio , because the Defenders , and their Tennents past fourty years , payed Multures of all their Corns , promiscuously , without exception of Teind ; likeas there are several Decreets produced , for abstract Multures of all the Corns without exception . The Defender answered , That the Reply non Relevat ; for albeit long Possession may make a Thirlage of the KINGS own Baronie , yet that cannot be extended to other mens Rights , of their Lands and Teinds , which cannot be Thirled without their own Consent , or Decreets against themselves called , nor do the Decreets bear Teind per expressum . The Lords found the Defeuse Relevant , notwithstanding of the Reply , except such Teinds that thole Fire and Water within the Barony ; and likewise s●stai●●ed the Defense for the Corns , e●ten by the Defenders upon the Ground , in the Labouring , &c. Earl of Murray contra Laird of Grant. January 9. 1662. THE Earl of Murray Pursues the Laird of Grant , to Re-dispone him certain Lands , which the Earls Father had Disponed to the Defender , and had taken his Back-bond , that if the Earls Friends should find it prejudicial to the Earl , then upon payment of 2800. merks , precisely at Whitsonday , he should Re-dispone , ita est : the Earls Friends by a Testificat produced , found the Bargain to his loss ; therefore he offered the sum to the Defender , in his own House , which he refused ; and now offers to Re-produce it , cum omni causa . The Defender alleadged Absolvitor . First , Because the Back-bond is pactum de retro vendendo : And so a Reversion , which is strictissimi juris , and not to be extended beyond the express Terms thereof ; which are , that if Iames Earl of Murray , should re-pay the Sum at Whitsonday , 1653. precisely , the Defender should Re-dispone : But there is no mention of the Earls● Heirs , and so cannot extend to this Earl , though he were Heir , as he was not served Heir the time of the offer . The Pursuer answered , that when Reversions are meaned to be Personal , and not to be extended to Heirs , they do bear , That if the Reverser in his own time , or at any time during his life , &c. or some such Expression ; but there is nothing such here ; and the Pursuer was Retoured Heir to his Father , who died shortly before the Term of Redemption ; and having used all Diligence , he cannot be excluded , by such an accident , which he could not help . The Lords Repelled both the Defenses , albeit there was only an offer , without Consignation , seeing the Back-bond did not bear , Premonition , or Consignation , but only payment , which the Pursuer now offered . Baird contra Baird . Eodem die . BAird in Saint Andrews , having taken the Gift of his Brothers Escheat , upon his Adultery , Pursues Declarator thereupon . The Defender alleadged no Processes , till the Crime were Cognosced in the Criminal Court , or at least , he were declared Fugitive and Denunced , for then by the Horning , his Escheat would fall , but there is no Law , nor Statute , making the Penalty of Adultery , to be the Adulterers Escheat ; for Queen Maries Statute , anent Adultery , is only making nottour Adultery Capital ; but nothing as to other Adulteries . The Pursuer answered , that Custome had made the Penalty of Adultery , to be the single Escheat ; and for Probation of the Adultery , in this case , the Defender had publickly confessed it , and had stood in Sack-cloth for it a year , and had taken Remission from the King. The Defender answered , that Confession in the Kirk , was necessary to purge Scandel , when such Probation was Adduced , as Church-men allowed to infer Confession , which is but extra judicialis confessio , and cannot prove , ad ●viles aut criminales effectus , neither can the taking of the Kings Remission , instruct these Crimes ; seeing Remissions are frequently taken to prevent accusations or trouble . The Lords found the Libel not Relevant , and that no Declarator could passe unless the Defender had compeared judicially in a Criminal Court , and there Confessed , or had been Condemned by Probation ; but that the Confession in the Church , or taking Remission , was no sufficient Probation . Andrew Barclay contra Laird of Craigivar . Ianuary 10. 1662. ANdrew Barclay Pursues the Lairds of Craigivar , as representing his Father upon all the passive Titles , to pay a Bond due by his Father , and insists against him , as behaving himself as Heir , by intromission with the Mails and Duties of the Lands of Craigivar and F●ntrie . The Defender alleadged Absolvitor , because if any Intromission he had ( not granting the same ) it was by vertue of a singular Title , viz. an Appryzing led against himself , upon a Bond due by his Father . The Pursuer answered , non relevat , unless the legal had been expired ; for if the appearand Heir In●romet within the Legall , during which , the right of Reversion is unextinct , immiscuit se haereditati : and it is gestio pro haerede . The Lords found the Defense Relevant , albeit the Appryzing was not expired , unless the Pursuer alleadge , that the Defenders Intromission was more then satisfied the whole Appryzing . Laird of Rentoun contra Mr. Mark Ker. Eodem die . THe Laird of Rentoun having obtained Decreet against Mr. Mark Ker , for the Teinds of Ferniside , he Suspends on this Reason , that he ought to have retention of the Annuity of the Teind , which he had payed , and whereto he had Right . The Charger answered , that there was no Annuity due out of their Teinds , because he was Infeft , cum decimis inclusis , which are not lyable for Annuity . The Suspender Answered , that there was no exception in the Act of Parliament , 1623. of Teinds included . The Lords Recommended the matter to be settled , this being a leading Case , in relation to the Annuity of Teinds included ; but they thought that Annuity was not due of Tei●ds included ; because such Lands never having had the Teinds drawn , there is nothing to Constitute Teind due for them , either by Law , Paction , or Possession ; and so where no Teind is , there can be no Annuity . And also , because the Ground granting Annuity to the King , was because the King having an Interest in the Teinds , after the Reformation and the Titulars pretending also Right , did surrender the same in the Kings favours , and submitted to Him , who Confirmed the Titulars questionable Rights , and gave the Heretors the benefite of drawing their own Teinds , upon a Valuation : and therefore the Annuity was appointed to be payed out of the Teinds to the King , but the surrender did not bear , Teinds included . Lord Carnagie . contra Ianuary 11. 1662. LAdy Anna Hamiltoun , eldest Daughter to the Deceast William D●ke of Hamiltoun , having obtained Charter of the Lands of innerw ●ik from the King , as becoming in his hand by Recognition , in so far as the Lands being holden Ward ; the late Earl of Dirletoun Disponed the same to Iames Cicil , second Son to his second Daughter , whereupon the said Lady Anna , and Lord Carnagie her Husband , for his Interest , Pursues Declarator of Recognition , against the said Iames Ci●il , and against Iames Maxwels Heirs of Line , and Heir-Male to hear and see them Secluded for ever , and that the Lands were fallen in to the Kings hands , and belonged to the Pursuer , as his Donatar by Recognition , through the Ward-vassals alienation thereof , without the consent of the King as Superiour . The Defender alleadged no Processes ; because all Parties having Interest , are not called , viz. Sir Robert Fle●cher , who stands publickly Infeft in the Lands Libelled . The Lords Repelled the Alleadgence , as super juretertii , in respect it was not proponed by Sir Robert , a●d that his Right could not be prejudged by any Sentence , whereto he was not called . Secondly , The Defenders alleadged no Process , because the Heirs of Line are not lawfully Called , in so far as three of them are Resident in the Abbey , and are Minors , and their Tutors and Curators are only called at the Mercat Cross of Edinburgh ; whereas they Reside within the Regality of Brughtoun , and their Curators should have been Cited at the Cross of the Canongate , as head Burgh of that Regality . The Pursu●rs answered , that the Defenders Reside in the Kings Palace , which is exempt from all Regalities , and must be a part of the Royalty , being the Kings own House , by his Royal Regative . The Lords Repelled the Defense , in respect of the Reply , and found the Kings House to be Royalty , and so in the Shire , and not in the Regality . Iohn Nicolson contra Feuars of Tillicutry . Ianuary 14. 1662. JOhn Nicolson , as Baron of the Barony of Tillicutry , and Miln thereof , pursues the Feuars of Tillicutry , for a certain quantity of Serjant Corns , and for their abstracted Multures , for which he had obtained Decreet in his Barony-court , which was Suspended . The Defenders alleadged , that his Decreet is null , as being in vacant time . Secondly , As being by the Baron , who is not Competent to Decern in Multures , or Thirlage against his Vassals . Thirdly , The Decreet was without Probation : The Baron neither producing Title , nor proving long Possession : and as to the Serjant Corn , nothing could Constitute that Servitude but Writ . The Charger answered , that Barons needs no Dispensation , in Vacance , and that Baron Courts use to sit in all times , even of Vacance , by their Constant Priviledge : And that the Baron is Competent Judge to Multures , or any other Duty whereof he is in Possession . And as to the Serjant Corn , in satisfaction of his Decreet , he hath produced his Infeftment , as Baron of the Barony ; which gives him Right of Jurisdiction , and so to have Serjants , whose Fees may be Constitute , and liquidat by long Possession . The Lords found the Reply Relevant , the Charger having 40. years possession as to the Multures , and the Pursuer declared he insisted not for the Kings Feu-duties in kind , but for the Teind , Seed , and Horse Corn. The Defenders alleadged Absolvitor , for as much of the Corns as would pay the Feu-duties , Ministers Stipends , and all publick Burdens , because they behoved to sell Corns for satisfying of these , and in so far the Corns were not their own , and so they could pay for no more Corns then their own , neither could they be lyable for dry Multure , unless it were Constitute by Writ ; especially seeing the Charger Libels not upon the Defenders Infeftment , or Bonds of Thirlage , but upon his own Infeftment , only generally , as Infeft in the Miln of the Barony . The Lords Repelled these Alleadgences , and Sustained the Decreet , for all the Corns except Seed , Horse-corn and Teind , which tholled not Fire and Water within the Thirle . Nicol Harper contra Hoom of Plandergaist . Eodem die . NIcol Harper pursues Collonel Iohn Hoom of Plandergaist , for payment of a Debt of umquhil Hoom of Plandergaist his Brother , and condescends , that the Defender hath behaved himself as Heir , at least Successor Lucrative to his Brother , in so far as his Brother Disponed the Lands of Plandergaist to William Hoom of Linthil , to the behove of the Defender , then his appearand Heir , whereupon the Defender is now in possession . The Defender al●eadged , non relevat , to infer this passive Title , unless the Disposition had been to the Defender himself , or that he had thereupon been Infeft , but a third Party being only in the real Right , and the Defunct denuded before his death , albeit there was a personal obliegment of Trust in Favours of the appearand Heir , if that cannot make him Lucrative Successour , but the Pursuer may reduce the same , if it was without Cause onerous . The Lords found the Defence relevant , to Liberat the Defender from this passive Title , but would not put the Pursuer to Reduction , but admitted it by Reply , ad hunc effectum , that the Defender should be countable according to his Intromission ; and that the Pursuer as a lawful Creditor , should be preferred upon his legal Diligence , to the said Disposition . But the question arising , whether the Disposition , if in trust , was Lucrative or not ? and what to be Lucrative imported , whether without any price , or within the half or third of the just price ? The Lords before answer , ordained the Disposition to be produced , and such Admin●●les , for instructing of the ●nerous Cause , as the Defender would make use of , reserving to themselves , what the samine should work . Robert Dickie contra Theoder Montgomery . Eodem die . RObert Dickie , as Assigney Constitute by Robert Montgomery , to a Contract betwixt Theoder Montgomerie and the said Robert , Charges Theoder to pay 700. merks : He Suspends on this Reason , that the Debt was Discharged before the Assignation , or Intimation , conform to the Discharge produced . The Charger answered , that the Discharge is null , as wanting Witnesses . The Suspender replyed , he offered him to prove Holograph . The Charger answered , non relevat , against him , a singular Successor , especially the question being of the Date : For if Writs proven Holograph , could instruct their own Date , no Assigney , or any other person using legal Diligence by Arrestment , Appryzing , or otherwise could be secure : But that their Cedents , and Authors might evacuat the Right by Discharges , or Renunciatio● Holograph : And therefore seeing by express Act of Parliamen● , Writs wanting Witnesses are declared null : The Exception introduced by Custom of Holographon , ought not to be extended , especially in relation to the Debitor against singular Successors . The Suspender alleadged , the inconvenience was al● great on the other hand , it being ordinar for Masters to give their Tennents Holograph Discharges , and whatever favour necessar Assignations by legal Diligence might have , yet this is a voluntar Assignation● The Lords repelled the Reason of Suspension and Reply , in respect of the answer and dupl● , and found the Holograph Discharge not to prove its own date , against the Assigney unless the Suspender could instruct it by other Adminicles . George Grant contra Grant of Kirdels . Ianuary 15. 1662. GEorge Grant pursues Reduction of a Renunciation of a Wodset , made by Grant of Morinsh to Grant of Kirdels , ex capite inhibitionis , because he had Inhibit Morinsh the Wodsetter , before he granted the Renunciation . The Defender alleadged , that he had a Reduction of the Bond , whereupon the Pursuers Inhibition was raised , depending , and declared he held the production satisfied , and repeated his Reason by way of Defense : that the Bond was null , wanting a Date , either of Day , Month , or Year . The Pursuer answered , that the Bond bare , the Term of payment to be Whitsunday 1635. and so instructs that the Bond was betwixt Whitsonday 1634. and Whitsonday 1635. The Defender answered non relevat , unless the Month and Day were also exprest , because otherwise the means of Improbation cease by proving alibi . The Lords Repelled this Defense , seing the Year was exprest in re antiqua , but if Improbation had been insisted on less Reasons in the indirect manner would be sustained . The Defender alleadged further Absolvitor , because this Bond , albeit it be assigned to George Grant the Pursuer ; yet it is offered to be proven , that the time of the Assignation , the said George was Pupil , within twelve years of age , in his Fathers Family : And so in Law it is presumed , that it was acquired by his Fathers Means , and is all one , as if his Father had taken Assignation in his own Name , and granted translation to his Son : And it is clear by the Testament produced , that grant of Ballandallochs Father was Tutor to the Wodsetter ; and during his Tutory , any Right taken by him , of sums due by the Pupil , are presumed to be satisfied by the Pupils Means , and to accresce to the Pupil , against whom , he nor his Assigney can have no Action , for any particular apart , but the whole must come in in the Tutors accounts : and offers to prove if need beis , that the Tutor , int●s hab●●t , being Debitor in greater sums to the Pupil then this . The Pursuer answered ; First , the Alleadgence is no way relevant , upon such presumptions , to take away the Right standing in the Defenders Person . Secondly , The Defense is not liquid , and so can make no compensation , albeit his Son were expresly Assigney , as he is not . The Lords found the Defense Relevant , unless the Pursuer would condescend and instruct that the Assignation was granted to him otherwise then by his Fathers Means . Thomas Fairholme contra Margaret Bisset . Ianuary 18. 1662. THomas Fairholm as Executor Creditor , Confirmed to Andrew Reid , pursues Margaret Bisset his Relict , to deliver the Ware in his Chop , contained in the Pursuers Confirmation . The Defender alleadged Absolvitor , because she has Confirmed the Ware in the Shop , specially and particularly for the use of the hail Creditors ; and the Pursuers Confirmation is only general , not condescending upon the particular Ware : And though the Defenders Confirmation be posterior , yet it is special , and hath attained Possession before any Pursuit , at the Pursuers instance , upon his prior Confirmation ; and Confirmations do not establish Property , until Possession or Execution ; but is only as a legal Disposition incompleat , as Gifts of Escheat , where the first Sentence , or Possession , gives the first real Right of Property . The Pursuer answered , that his Confirmation is special enough , bearing the Ware of the Shop to be Silks , Stuffs , and others worth 4000. merks ; and the Confirmation alone Constitutes the Property unto the Executor , because he is Haeres mobili●m ; and the Property being before in hereditatae jacent● , ipso facto , by the Confirmation it is Established in the Executor . Secondly , by the constant practice of this Kingdom , there could no second principal Confirmation , but only ad o●issa , and she could never Confirm that which the first Executor had Confirmed . The Defender answered , that by Act of Sederunt , of the Judges in the Usurpers time , all Executors Confirming within six Moneths after the Defuncts Death , were ordained to come in together ; and therefore it was then the Custom , that all Confirmed principally the same things , seeing they could get no more then what was in their Confirmation : And the Defenders Confirmation being at that time , must be sustained . The Pursuer answered , that the Defender cannot have the benefit of that Act of Sederunt , because she Confirmed not within six Moneths after the Defuncts Death . The Defender answered , she Confirmed within six Moneths , or six or seven Dayes more , which is an inconsiderable difference . The Lords preferred the first Executor to the Goods in the Shop . Mr. Iohn Veach contra Byel of Bassinden . Eodem die . MR. Iohn Veach , as Assigney by Iohn Edgar of Wedderlie , to a Reversion , pursues Declarator against Byel of Bassinden , the Wodsetter ; who alleadged Absolvitor , because the premonition is null , being by a Procurator , and not bearing , the Procuratory produced , neither the Pursuers Assignation to the Reversion . The Pursuer answered non relevat , unless it were alleadged , that they had been demanded at that time , and had not been shown . Secondly , If need beis he offers him to prove , by the Defenders oath , that the Procuratory was then shown . The Defender answered , the Procuratory is not yet produced , and the Pursuer was oblieged to have shown it then , albeit not called for . The Lords sustained the Order , the Pursuer reproducing the Procuratory , and proving by the Defenders Oath that the Procuratory was then shown . Alexander Colquhoun contra his Creditors . Eodem die . ALexander Colquhoun in Glasgow , pursues Liberation , supercessione bonorum . The Defenders alleadged Absolvitor , because they offer them to prove , that the Pursuer did wittingly deceive them , in borrowing sums , and taking of Ware from them , after he knew that he was insolvendo , and Bankrupt . The Pursuer answered , nonrelevat , against Liberty , which is a favourable Cause , and can be stopped by nothing , but fraudulent Deeds , since the Incarceration , or offering of Aliment . The Defenders craved , that if the Lords inclined to grant Liberty , that the Pursuer might be decerned to sit upon the Dyver-stone ; and wear the habit . The Pursuer answered , that was long since out of Custome . The Lords before answer , ordained the Pursuers oath to be taken , upon the Defense , whether he did contract these Debts after he knew himself insolvent and bankrupt , and they resolved if it was so found , they would not grant him Liberty without sitting upon the Dyver-stone , and wearing the Habite . Laird of Polwart contra Hooms . Ianuary 21. 1662. THe Laird of Polwart pursues a Declarator of Redemption against Hooms , who alleadge Absolvitor , because the Reversion was not fulfilled , which bore the sum of a 1000. merks , and a Tack for 19. years after the Redemption . The Pursuer answered , the Alleadgence ought to be Repelled , because the Lands Wodset is worth 400. merks by year ; and the Tack-duty is only four pounds , and so it is an Usurary Paction , whereby the Wodsetter will have much more then his principal sum , and his Annualrent , and so it is null , by the common Law , and by special Statute , Par. 1449. cap. 19. bearing , that when Wodsetters take Tacks for long time , after the Bond be out quite ; such Tacks shall not be keeped after Redemption , unless they be for the very Mail , or near thereby . The Defender answered ; First , That Statute is but an Exception from the Immediat preceeding Act of parliament , in favours of Tennents , that their Tacks shall not be broken by singular Successors , buying the Land : and therefore is only understood in that case , when the Wodset Lands are bought from him that hath right to the Reversion , by a singular Successor : but this Pursuer is Heir to the granter of the Wodset . 2ly , That Act is long since in desuetude . 3ly . Whatever the Act might operate amongst strangers , yet it is clear by the Contract of Wodset produced , that the Wodset was granted by the Laird of Polwart to his own Brother ; and so must be Repute to be his Portion Natural , and the eldest Brother might well grant a nineteen years Tack to his youngest Brother , albeit there had been no Wodset . Likeas , in the Wodset there is Reserved , the Liferent of a third Partie ; who lived thirty six Years thereafter , during which time the Wodset got no Rent . The Lords found the Defense and Reply relevant , and Ordained no Declarator to be extracted , till the Tack were Produced , and given up to the Wodsetter . Laird Balvaird , contra Creditors of Annandail . Eodem die . THE Laird Balvaird , As Heir of Tailzie to David Viscount of Stormont , in the Lands of Skun , Pursues the Heirs of Line , of the said David and Mungo Viscount of Stormont , and several their Creditors , Lybelling , That by an Infeftment of Tailzie of the saids Lands , made by the said David Viscount of Stormont . It is expresly Declared and Provided , That none of the Heirs of Tailzie , shall do any Deed prejudicial , to the Tailzie ; or contract Debt , whereby the Tailzie may be altered , otherwayes the Debt so Contracted shall be null , and the Contracter shall ipso facto , lose his Right of Propertie , which shall belong to the nearest Person of the Tailzie , and subsumes that the late Earl of Annandail last Heir of Tailzie Contracted Debts ; which might effect the saids Tailzed Lands , and concludes ; that it ought to be Declared , that thereby he incurred the Clauses itritant in the Tailzie , and lost his Right of Propertie ; and that all the Bonds Contracted by him , and Appryzed upon , are null , quoad these Lands , and that the Pursuer as nearest Heir of Tailzie , may enter Heir in these Lands , to David and Mungo Viscounts of Stormont , and enjoy the same free of any Debt Contracted since the Tailzie . The Creditors alleadged no Process to Annul their Bonds , and Apprysing , hoc ordine ; by way of Declarator , but the Pursuer must via ordinaria Reduce ; in which Case , the Creditors will have Terms granted them to produce , the Writs called for to be reduced : which Priviledge , being in their favour ought not to be taken from them in this extraordinar unformal way . The Lords repelled the Defense , and sustained the Summons ; in respect there was no Bond craved to be produced , or simplie reduced ; but only that any Bonds granted to the Defenders since the Tailzie are null , and all following thereupon , as to the Lands in Tailzie , which is no more then that they affect not the Lands in the Tailzie , and there is no necessity of Reduction , but where the Writs must be Produced , before they can be Reduced ; and even in that case ; if the Pursuer satisfie the Production himself , the Defender hath no delay , and here the Pursuer produces all that is necessar , and craves the rest to be Declared null in consequence . The Lords sustained the Summons . Glendinning , contra Earl of Nithisdale , Ianuary 22. 1662. GEorge Glendinning of Partoun , pursues the Earl of Nithisdale , for fulfilling of a Contract of Excambion betwixt the Earls Father , and the Pursuers Grand-father ; and insist against the Earl , as lawfully charged to enter Heir to his Father . The Earl alleadged absolvitor , because he offers him to Renunce to be Heir : The Pursuer replyed , the Defense ought to be repelled , quia res non est intigra ; because the Earl has done a Deed prejudicial to his Renunciation , viz. he granted a Bond for two thousand pounds sterling to the Earl of Dirltoun , only simulatlie to his own behove , whereupon his Fathers whole Estate was adjudged , and that Adjudication assigned to the Earl himself , and so he having intrometted be that Simulat Title , with the Maills and Duties of his Fathers Lands , he hath behaved himself as Heir , and cannot Renunce : The Defender duplyed that the Reply ought to be repelled ; because he offered not only to Renunce , but also to Purge that Deed of his , and the Adjudication of two thousand pounds sterling , and to declare that it should not prejudge the Pursuer , nor his Fathers lawful Creditors , and that he should be comptable for the Price of any Lands he had sold , or any Rents he had uplifted . The Pursuer triplyed , that the duply ought to be repelled ; because medio tempore , the Earl had bought in expired Apprisings , with the Profits of the Lands , The Defender quadruplyed , that he was content to restrict any such Rights , to the Sums he truly payed for them , and not to exclude the Pursuer by them . The Pursuer Answered , That he having once behaved himself as Heir , no Offer , nor Renunciation could be received . The Defender Answered , that his Intromission could not be gestio pro herede , because it was singulari titulo , and not as Heir , and in gestione there must appear animus adeundi aut immiscendi . The contrair whereof is here , for the granting of the Bond , and the taking right to the Adjudication thereupon , was of purpose , that his Intromission might not be as Heir , or as immixtion , which can never be without an illegal , and unwarrantable Deed ; but all that was here done was Legal , there being no Law , nor Custom to hinder the Earl , to grant a Bond , albeit gratis , and after Dirltoun had Adjudged the Lands , there was no Law to hinder the appearand Heir to take Assignation thereto , and bruik thereby , more then a Stranger ; and albeit there were Simulation , or Fraud , that might be a ground to Reduce upon , but not to infer a general passive Title , to make the Defender lyable to all his Fathers Debts , from which Passive Title , qui res colleratus titulus excus●● , and albeit this Passive Title be not any where else in the World , but in Scotland , yet it was never applyed to this Case now in question , but by the contrare , since the Act of Parliament one thousand six hundred twenty one , by which Heirs may be charged to enter Heirs to their Predecessors , not only for the Defuncts Debts , but their own ; any Bond granted by the Appearand Heir although gratis , would be valid , to Apprize , or Adjudge the Defuncts Estate , and therefore , there being many Cases , in which the Appearand Heir could not probably know whether the Heretage would be Hurtful , or Profitable . This hath been ofttimes advised , as the remeid , be Sir Thomas Hope , and many since ; That the Heir Appearand might grant a Bond , and thereupon the Lands being Adjudged , might take Right thereto . The Pursuer answered , the Defender had intrometted with the Rents of his Predicessors Land , which albeit not animo adeundi , yet animo Immiscendi & Lucrandi , which cannot be maintained by a simulat null Bond , by himself to his own behove , and Adjudication thereupon ; and if this were sustained , no Person would ever after enter Heir to his Predecessor , but take this indirect way , to the Defraud , and Vexation of Creditors ; and entring so to possesse , would buy in other Rights , and maintain his Possession ; as this Defender hath done , and would not be oblieged , or willing to restrict these Rights , as he doth . The Lords , after long Consideration and debate in the matter , found the Earls offers relevant , but resolved to make and publish an Act of Sederunt , against any such courses in time coming , and declared , that it should be gestio pro haerede , to intromet upon such simulat Titles . Adam Hepburn contra Hellen Hepburn . Eodem die . ADam Hepburn , Brother to the Deceast Thomas Hepburn of Humbie Pursues Reduction , and Improbation against Hellen Hepburn his Brother Daughter , of a Disposition made by him to his Daughter on Death Bed. The Lords granted a third Term for Production , in respect of the Improbation , albeit there was but a Writ or two called for Nominatim . Laird of Rentoun . contra Mr. Mark Ker. Ianuary 24. 1662. THE Laird of Rentoun having obtained Decreet before the Commissaries of Berwick , against Mr. Mark Ker , compearing for three Chalders of Victual of Teind , Mr. Mark Suspends , upon iniquity ; because he having proponed a Relevant Defense , that he ought to have allowance of the Annuitie which he had payed , which affected the Teinds . It was repelled . The Charger Answered , non relevat , by way of Suspension , without there were a Reduction . The Suspender Answered , the Reason was instantly verified , by inspection of the Decreet . The Lords found the Reason not competent by Suspension without Reduction . Mr. Iames Ramsay contra Earl of Wintoun . Eodem die . M r. Iames Ramsay , as having Right by translation from George Seaton , Assigny constitute by my Lady Semple , to a Bond due by the umquhile Earl of Wintoum , pursues this Earl for payment , who alleadged no Process , because the time of the Assignation taken by Sir George Seatoun , he was one of the Defenders Tutors , and so it is presumed , that the Assignation was purchased by the Pupils Means , and as the Tutor could have no Process thereupon against the Pupil , till he had made his Tutor accompts , so neither can his Assigney ; seeing in Person alibus , all exceptions competent against the Cedent are competent against the Assigney . The Lords found the Defense relevant , unlesse the Pursuer would find Caution to pay what should be found due by Sir George , by the Tutors Accompts , as they had done before , betwixt Grant and Grant , January 15. 1662. Laird of Lamingtoun contra Sir Iohn Chiesly . Ianuary 29. 1662. THE Laird of Lamingtoun pursues Sir Iohn Chiesly , upon the late Act of Parliament 1661. betwixt Debitor and Creditor , to restrict a proper Wodset , granted by Lamingtoun to him , of the Lands of Symontoun , to his Annualrent . The Defender excepted upon a Back-bond granted by Lamingtoun , whereby he expresly renunced the benefit of the Usurpers Act , betwixt Debitor and Creditor , and all such Acts , made or to be made ; and oblidged himself , upon Honour and Conscience , not to prejudge Sir John of his bargain , to which no subsequent Law could derogat , unless it had been specially , notwithstanding any such Paction . Secondly , The foresaid Act has an express exception : That where such Acts , made and to be made are Renounced ; the benefit of that Act shall not be competent to such . The Pursuer Answerd to the first , That Pactions , or Renunciation of Parties cannot operat , against a posterior Law. Secondly . The persu●t here , is , for restricting of a Wodset to the true Annualrent ; for all that was done in the Usurpers Act , was to take Land in satisfaction , and to delay payment , but this Clause of the Act is nothing such , and so is Casus Incogitatus , which could not be held to be Renunced , unless it had been exprest , as to the exception in the Act it is not an Exception general to the whole Act , but to the Antecedent part of the Act ; and this Clause , anent Restricting of Wodsets , is posterior to the Exception , and not derogat thereby . The Lords Repelled the Defense , in respect of the Reply , and found the Exception not to Derogat to the Posterior Clause concerning Wodsets . Lord Burly contra Iohn Sime . Ianuary 30. 1662. THE Lord Burly pursues Iohn Sime , for intruding himself in a Coal-heugh , wherein the Pursuers Author was infeft severally , and not in the Land , but only in the Coal , with power to set down Pits through all the bounds of the Land. The Defender alleadged absolvitor , because he stood Infeft in the Lands lybelled , with Parts and Pertinents , and be vertue thereof , was seven Years in Possession , which must Defend him in Possession , until his Right be reduced . The Pursuer answered , that the Defender could have no benefite of a possessory Judgement , not being expresly Infeft with the benefite of the Coal , in prejudice of the Pursuer , who was expresly Infeft , and Seased in the Coal , and in possession of the Coals past memory . The Defender answered , there was no necessity of an express Infeftment of the Coal , which is carried as part and pertinent , as Craig observes in dieg . de investituturis impropriis , , to have been decided betwixt the Sheriff of Air and Chalmers of Garthgirth , and so being Infeft , and in possession seven years , he has the benefite of a possessory Judgement . The Lords found the Defense Relevant , but Repelled the same , in respect of Interruption within seven years , which was proponed . Halbert Irwing contra Mckartney . Eodem die . HAlbert Irwing pursues Mckartney for Spuilzie of ten Oxen. The Defender alleadged Absolvitor , because he Intrometted with the Oxen by Warrant from Mr. Robert Ferguson , to whom the Pursuer had given a Disposition of all his moveable Goods , for relief of a Cautionry , for which Mr. Robert first , and now this Defender is Distrest . Secondly , He offers him to prove voluntar Delivery of the Oxen , by the Pursuer to him for the cause foresaid . But because the Pursuer hath summoned several other persons as Complices , which are necessary Witnesses , of purpose , that he might exclude them from being Witnesses , he desires they may be admitted Witnesses , or otherwise Discust . First , that if they be Assoilzied , they may be Witnesses . The Pursuer answered to the first , non relevat , a Disposition unless there had been Delivery ; and albeit there had been an Instrument of Delivery , yet it being dispositio omnium bonorum , two years before the medling , could be no Warrant for summar medling , without Sentence of a Judge , and gave only jus ad rem . But specially the medling with the Plough Goods in time of Labourage , when the Pursuer put other Goods before the Defender . The Lords found the first Defense Relevant , founded upon the general Disposition and Instrument of Possession ; and that the Disposition alone , though without any possession , had been sufficient against the Disponer ad vitandum spolium , unless the Defender had Intrometted by violence , being resisted by force . But they proceeded not to the second Defense , which doubtless was Relevant , and the desire reasonable of Discussing the remnant Defenders ; First , that they might be Witnesses if Assoilzied : Yea , it seems they could not be hindred to be Witnesses , used for the Defender , though they might be suspect Witnesses against him , as being Interest , to put the Spuilzie upon him for their own relief . Sir Iames Cunninghame contra Thomas Dalmahoy . February 1. 1662. SIr Iames Cunninghame pursues Thomas Dalmahoy , and the Tennents of Pollomount , to make payment to him of the Mails and Duties of the Lands of Pollomount , resting at the Death of the late Dutches of Hamiltoun , because she had granted Bond of 500. pound Sterling to the Pursuer , to be payed after her Death ; and for security thereof , had assigned the Mails and Duties of her Liferent Lands of Pollomount , which should happen to be due at the time of her Death . It was alleadged for Thomas Dalmahoy her second Husband , Absolvitor , because these Mails and Duties belonged to him jure mariti , neither can he be lyable for this Debt jure mariti , because it was not Established against him during the Ladies Life ; neither could be , because the term of payment was after her Death . The Pursuer answered , that he did not insist against Thomas Dalmahoy as Husband , but as Intrometter with the Rents of Pollomount , due at the Dutches Death , wherewith he hath medled since : which could not belong to him , jure mariti , being assigned before the Marriage ; and if they could belong to him jure mariti , yet it must be with the burding of this Debt . The Lords Repelled the Defense , in respect of the Reply , for they thought a Husband , albeit he was not lyable simply for his Wifes Debt , post solutum matrimonij ; yet that he should have no more of the Wifes Means , jure mariti , but what was free of Debt , and so behoved to pay her Debt , so far as he enjoyed of her Means , Belshes contra Belshes . Eodem die . IN an Account and Reckoning betwixt Belshes and Belshes , concerning Executry ; The Lords found that the prices , given up by the Defunct in his Testament , of his own Goods , should stand , and the Executor be accountable accordingly● seing there was no enorm prejudice alleadged , as if the Defunct had prized the Goods , within a half or third of the true avail , to the advantage of the Executor , and prejudice of the Wife , Bairns , or Creditors . The Lords did also allow Aliment to the Wife , out of her Husbands Moveables to the next Term , albeit she Liferented an Annualrent , payable at the next Term. Lord Melvil contra Laird of Fairin . February 4. 1662. THe Lord Melvil pursues the Laird of Fairin , for Warrandice of a Disposition of certain Lands aud Teinds , sold to my Lord by him , with absolute Warrandice , and condescends that the Teinds were affected with 13. Bolls by a Locality to the Minister in Anno 1641. The Defender alleadged Absolvitor , because this Distress was known , or might have been known to the Pursuer the time of the Bargain , at least to his Tutors who made the Bargain . Secondly , there is no legal Distress but voluntar payment made all the years bygone . The Lords Repelled the Defense , and found , that seeing the Distress by the Stipend was unquestionable ; payment made thereof without Processes , prejudged not , and that the Pursuers knowledge could work nothing , being then a Pupil . Laird of Elphingstoun contra Sir Mungo Murray . Eodem die . THe Laird of Elphingstoun having Charged Sir Mungo Murray , for the price of some Lands , bought from him , he Suspends , and alleadges , that by the Disposition the Charger is oblieged to relieve him , of all Inhibitions ; and now produces several Inhibitions . The Charger answered non relevat , unless there were a Distress , seeing the Disposition bears not to purge but only to relieve , or to warrant against Inhibitions . The Lords considering that the Chaeger vergebat ad inopiam , found the Reasons Relevoan , till Cauton were found to warrant the Suspender from these Inhibitions . They found also , that where the Charger was oblieged to pay to the Suspender , the Composition for his Entry to the Lands . That the Suspender should have no Composition if he got it Gratis ; albeit he alleadged he got it for other good Services . Skeen contra Lumsdean . Eodem die . ANdrew Skeen having Charged Alexander Lumsdean for payment of a sum , for which he was Cautioner for his Brother Mr. Thomas Lumsdean ; he Suspends upon this Reason , that the cause of the Bond was two Bills of Exchange● which was Protested . The Suspender answered , he offered him to prove they were payed , after the Protest , by him who drew the Bills , or by Mr. Thomas Lumsdean , in whose Favour the Bills were drawn . The Suspender replyed , that the Alleadgence ought to be Repelled , because he was assigned to the protested Bills , for relief of this Cautionry , and intimat his Assignation to Skeen , who delivered the Bills , and got the Bond Charged on . The Charger offered him to prove payment● before that Assignation , or Intimation , and ad modum probationis , produced an Instrument under the Seal of Camphire , and a Declaration of the Conservator there , bearing , that upon inspection of Mr. Thomas Lumsdeans Compt Books ; they found that he had acknowledged two or three sums payed , in part of these Bills , and exprest the Dates thereof , prior to the Assignation . The Suspender alleadged the Compt Books could not prove , unless they were produced , Cognosced and Proven to be Lumsdeans Compt Books . Secondly , they could not prove contra tertium , Thirdly , the Question being de data , and they holograph , they could not prove their Date . Fourthly , these Testificats can prove nothing , unless they had been taken upon Processes , or by Commission . The Lords found the Testificats could not prove , but that the Compt Book being Cognosced , might prove against the Assigney , being Brother to Lumsdean , and the Books out of his hand , since he was broken , for amongst Merchants Compt Books or Writs without Witnesses , by their Custom , are sufficient , and ordained Lumsdean and his Brother to Depone , upon the having of the Books , to produce them if they had them , and if not , granted Commission to the Magistrats of Camphire , and Conservator , to Cognosce the Books , and to report what they find of this matter in them . Marjory Gray contra Dalgardno . February 7. 1662. MAjory Gray pursues Dalgardno , as vitious Intromettor with the Goods of a Defunct , to pay his Debt , who alleadged Absolvitor , because the Defunct Died Rebel , and at the Horn , and so nihil fuit in bonis defuncti , seing by the Rebellion , all his Moveables belonged to the Fisk , ipso jure , without necessity of tradition , for the King jure coronae , hath the right of Lands without Infeftment , and the right of Moveables forefaulted , or fallen in Escheat , without Tradition or Possession . The Pursuer answered , non relevat , because the Defender Intrometting without any warrand from the Fisk , is quassi prodo , and Moveables are not ipso facto , in the Property of the Fisk , by the Rebellion : But if they be Disponed by the Rebel for an onerous Cause ; the Disposition before Rebellion will be valid , or if they be arrested for the Defuncts Debts , and recovered by Sentence , making forth-coming ; or if a Creditor Confirm himself Executor Creditor to the Defunct Rebel , he will be preferred to the Fisk ; by all which it appears , that the Rebellion transmits not the Property . The Defender answered , that these Instances do only show that the King prefereth Creditors , and takes but the benefit of what the Rebel had deductis debitis , or what was Contracted with him bona fide , but doth not say , that the Property of the Goods were not in the Fisk , but in the Rebel . The Lords repelled the Defense . The Defender further alleadged , that not only was the Defunct Rebel , but that he had a Gift of his Escheat . The Pursuer answered non relevat , unless it had been before the vitious intromission , or at least ante motam litem . The Lords Repelled the Defense , unless the Defender would alleadge that the Gift was ante motam litem ; for they thought that the Taking of the Gift was like the Confirmation of an Executor , which purged vitious Intromission , being ante motam litem . Iohn Bonnar contra Robert Foulis . Eodem die . JOhn Bonnar pursues Robert Foulis , to pay the Debt of a Person Incarcerat by Act of Warding , whom the Bailzie set at Liberty without Warrant . The Defender alleadged no Processes , because the Person Incarcerat was not Called , who might have proponed Exceptions against the Debt , that it was payed , &c. Secondly , that thereafter the Pursuer had taken himself to the Incarcerat Person , and gotten part of payment from him . The Lords Repelled the Defenses and decerned : but because there was a Reduction depending of the Decreet , whereupon the Person was Incarcerat , and that he was set at Liberty in Anno 1659. when there was no Iudicatory sitting , they superceeded Extracting for the time , till the Reduction was Discust . Countess of Buckcleugh . contra Earl of Tarras . Eodem die . THe Countess of Buckcleugh pursuing Reduction of a Contract of Marriage● betwixt her Sister and the Earl of Tarras . The Lords would not Sustain incident for the Earl of Tarras , albeit he was minor , that Contract being his own Writ , and not his Predecessors . Lockerbie contra Applegirth . Eodem die . JOhnstoun of Lockerbie , having obtained Decreet against Ierdine of Applegirth , for a Sum payed by the Pursuers author , as Cautioner for the Defenders Father . The Lords found Annualrent due by the Principal to the Cautioner , by an Act of Sederunt 1613. and that from the year 1619. until now in respect the Cautioner had payed upon distress , by Decreet of Transferrence , and a Charge of Horning thereon . Acheson contra Mcclean . Eodem die . DAm Iean Acheson pursues the Laird of Mcclean , as representing their Predecessors , who was Cautioner in a Suspension . The Defender alleadged nothing produced to prove the Suspension Discussed , but Letters of Horning upon a Protestation , which cannot instruct the Protestation . The Lords Repelled the Defense , in respect of the absence of the Register , and the oldness of the Horning . Achinbeck contra Mccleud . Eodem die . IN an Improbation at the Instance of the Laird of Achinbeck , against Mccleud . The Lords found that the Improbation behoved to be continued , albeit the samine had an ordinar priviledge to pass upon six dayes , for the first Summonds , past of course periculo penitentis . Acheson contra Earl of Errol . Eodem die . ACheson pursues the Earl of Errol , as presenting his Father , to pay a Debt wherein his Father was Cautioner for the Earl of Mar ; and for instructing thereof , produced the Extract of a Bond , Registrate by consent in the Books of Session . The Defender alleadged no Processe against him ; because the Bond was not Registrat by any Procurator for his Father , because he was Dead before the Registration , and so cannot prove against him , neither being a principal Writ Subscribed by his hand , nor being a Decreet of Registration , by consent of his Procurator , nor upon Citation . The Pursuer alleadged that it was an authentick Evident , and bare expresly Sic subscribitur Errol : and seing by Law and Custom , the Pursuer was necessitat to leave the Principal at the Register , when the Registrat the same , and that the Registers are now lost without his fault . The Lords refused to sustain the Extract against the Earl of Errol , but yet would not put the Party to an Action of proving the Tenor , but would receive Admini●les to instruct that Earl was Cautioner ; and therefore ex officio , ordained the other Subscribers of the Bond , or any other person that could be adduced , for instructing the Truth to be required ex officio . Thomas Crawford contra Earl of Murray . February 8. 1662. THomas Crawford as Executor Creditor , Confirmed to Umquhil Robert Ing●is ; as Assigney by his Relict , for satisfaction of her Contract of Marriage , pursues the Earl of Murray for payment of the Sums Confirmed , addebted by him to the said umquhil Robert. The Defender alleadged compensation ; because he had Assignation to a Debt due by the said umquhil Robert , which as it would have been relevant against Robert himself ; so must it be against his Executor . The Pursuer replyed : First , non relevat , unless the Assignation had been Intimat before the Confirmation : but an Executor Creditor having done Diligence by Confirmation ; it is not in the power of any of the Defuncts Debitors , by taking Assignation from any of his Creditors , to prefer that Creditor to any other Creditor , which is no ways legittimus modus preferendi : But the Creditors must be preferred , only according to their Diligence . Secondly , This Pursuit being for Implement of the Relicts Contract of Marriage , and pursued to their behove , hath by our Law and Custome preference to all other personal Creditors , though having done more Diligence . The Lords found either of these two Replys Relevant to elide the Defense , albeit the Assignation was before any Pursuit , moved upon the Pursuers Confirmation . Lord Torphichan contra Eodem die . THe Lord Torphichan and certain of his Feuars , pursue a Reduction of a Decreet of the Sheriff , whereby he set down Marches betwixt their Lands and others , upon this Ground , that he did not proceed by an Inquest conform to the Act of Parliament , but by Witnesses . Secondly , That he as Superiour was not Called . Thirdly , That the Sheriff had unwarrantably Sustained the setting down of Marches foamerly by Arbiters , to be proven by Witnesses . The Defenders answered , the first Reason was not objected , and the Defenders Compearance it was competent and omitted : To the second , the Superour could have no Detriment . To the third , that the setting down of March-stones , being a palpable Fact , might be proven by Witnesses , whether done by the Parties themselves , or by Friends chosen in their presence , their being neither Decreet-arbitral , nor Submission in Writ . The Lords Repelled the Reasons in respect of the Answer , and declared , that if the Land fell in the Superiours hands , by Recognition , Non-entry , or otherwise , The Decreet should not prejudge him if he were not Called . Ramsay of Torbanie contra Mcclellane . February 11. 1662. DAvid Ramsay of Torbanie having raised Suspension , and Reduction of a Decreet against him , at the I●stan●e of Thomas Mcclellane , in Anno 1658. Insists upon this Reason , that he being pursued as Heir to his Father , at the Instance of Thomas Mcclellane , he proponed this Relevant Defense , absolvitor , because the Bond pursued upon , was granted by his Father after he was Interdicted , without consent of the Interdictors , and so could not affect the Person Interdicted Heir , albeit he had succeeded in his Estate . The Defender answered , that the said alleadgence was justly Repelled , in respect of this relevant Reply , that the Interdiction hath no effect as to Moveables , and Personal Execution ; neither as to any other Lands , then such as lay in the Shires or Jurisdictions where the Interdiction was puplished and Registrat , conform to the Act of Parliament , ita est : this Interdiction was published and Registrate only at Linlithgow ; and therefore if the Defender hath succeeded to any Lands , not lying in Linlithgow Shire , or if he hath medled with Heirship , Moveable , or be vitious Intromettor with his Fathers Moveables ; he is lyable for this Sum , albeit after the Interdiction , ita est , he succeeded to Lands in the Stewartry of Kirkcudburgh , and Moveables , &c. and therefore the Defense was justly Repelled . The Lords found the Decreet just , and therefore Repelled the Reasons of Suspension and Reduction . Bells contra Wilkie . February 12. 1662. GRissel and Bells raise a Reduction against Iames Wilkie , of a Decreet obtained at his Instance against them , in Anno 1659. whereby the said Iames Wilkie being Executor , Confirmed to his Mother , who was one of the Sisters , and Executors of umquhil Patrick Bell their Brother , in which Confirmation the said Iames gave up the third of the said Patricks Goods , and thereupon obtained Decreet against these Pursuers , as the two surviving Executors , to pay to the said Iames , his Mothers third Part of her Brothers Means . The Reason of Reduction was , that the Decreet was unjust , and contrair to the Law and Custom of this Kingdom , whereby there is no right of Representation in Moveables , as in Heretage , neither doth the Confirmation of the Executors , establish in the Executors , a compleat Right , untill the Testament be execute , either by obtaining payment , or Decreet ; and if the Executor die before Execution , the Right ceases , and is not Transmitted to the Executors Executor , but remains in bonis defuncti of the first Defunct , and therefore Executors ad non Executa must be confirmed , to the first Defunct , which being a constant and unquestionable custome , one of the three Executors deceasing before Executing the Testament , her Right fully ceases ; and both the Office of Executrie , and Benefit , accres●es to the surviving Sisters ; as if the deceased Sister had never been Confirmed Executrix . The Defender in the Reduction , Answered , That this Reason was most justly Repelled , because , albeit it be true , that the naked Office of Executry , doth not compleat the Right in the Executors Person , and doth not transmit , yet it is as true , that by the Law of God , and of this Land ( which is cleared by the express Statute , Parliament 1617. anent Executors ) Children surviving their Parents , had always a distinct Right , from the Office of Executry , of their bairns part of gear , which belonged to them , without any Confirmation , and could not be prejudged by the Defunct , and was sufficiently established in their Person jure legittime , if they survive their Defunct Parent , especially if they owned the same by any Legal D●ligence ; Therefore , after which , if a Child die , the Child of that Bairn will come in with the Survivers ; and yet there is no Right of Representation , because Iure legittime ; it was established in the Bairns Person , by surviving , and owning the same ; as well as the Goods , are e●●ablished in the Person of a Stranger Executor , by executing the Testament : and by the said Act of Parliament , that benefit is extended , not only as to the Bairns Part , but to the Bairns ; in relation to Deads Part , whereinto they succeed , as nearest of Kine , and therefore they have right to the Moveables , not by vertue of the Conformation , or Office of Executry , which before that Act carried the whole benefit ; as is clear , by the Act , but by a several Right , jure agnationis , as nearest of Kine ; and therefore , though the nearest of Kine be not Confirmed Executor , but others be Nominat , or Datives Confirmed , the Executors are comptable to the nearest of Kine , who may pursue them therefor● , and therefore , if the nearest of Kine do any Legal Diligence , either by Confirmation , or Process , yea , though they did none , but only survive , the Right of nearest of Kine ipso facto , establishes the Goods in their Person , and so transmits ; and whereas it was alleadged , that the contrare was found by the Lords , in Anno one thousand six hundred thirty six , observed by Durie : it is also marked by him , that it being so found by Interlocutor , it was stopped to be heard again , and never discused ; neither can it be shown by Custome , or Decision , that the Executors of Children , or nearest of Kine were excluded , from recovering the part of their Parent , which survived , and owned the benefit of the Succession . The Lords assoilzie from the Reduction , and adhered to the former Decreet . Kirktouns contra Laird of Hunthil . Eodem die : ISobel and Kirktouns pursues the Laird of Hunthill , their Tutor , for a Tutor Compt , and payment of all that belonged to their Father , who alleadged absolvitor ; because nothing alleadged , nor produced , to instruct his acceptance of the Office of Tutory . The Pursuers opponned their Fathers Testament Confirmed , bearing the same to have been Confirmed by the Defender , and other three Tutors , and that the Tutors gave their Oaths de fideli administratione , in the Office of Tutrie . The Defender answered , non relevat , to instruct , that the Tutors made faith , because this Confirmation is but the Assertion of a Nottour , the Commissary Clerk , without a warrant in writ , subscribed by the Tutors , and can prove in nothing , but what is ordinary the Style of the Court , in Judicial Process , but the Acceptance , and making Faith of Tutors , is altogether Extranious , and is neither necessar , nor ordinar to be done by the Commissars . The Lords sustained the Reply , especially , in respect , that the Commissarie Clerk , was this Defenders Uncle , and there was no ground of Suspition , that he would adject that point without warrant , otherways this were a dangerous preparative . Secondly , The Defender further alleadged absolvitor , from a Sum contained in the said Testament as due to him , because there was nothing to instruct it , but the Defuncts Assertion in his Testament , giving up his Debts . The Pursuer answered , that the Defender hath Homologat , by Confirming the Testament , bearing the same , and not protesting against it , which is an acknowledgment thereof . The Defender answered , that there being four Tutors it could not be constant , that they were all present , at the Act of Confirmation , and saw and knew the Inventar ; but as it is ordinar in such Cases , they might have come at several times , and made Faith. The Pursuer answered , that some of the four Tutors behoved to do it , and these were thereby bound to have done Diligence for it , and consequently , all the Tuttors being lyable in solidum ; this Tutor is lyable therefore . The Lords found the Reply and Triply relevant , that the Testament so confirmed instructed the Debt . Robert Lockheart contra William Kennedy February 13. 1662. RObert Lockheart , pursues a Declarator of the Redemption of some Lands , against William Kennedy of Achtefardel , who alleadged absolivtor ; because , before the order was used . The Reversion was discharged , and the Discharge Registrat . The Pursuer Replyed , ought to be repelled , because the Granter of the Discharge was Interdicted , before the granting thereof , and the same not granted with the Interdicters consent . The Defender answered , non competit by way of Reply , but only by way of Action of Reduction , as is Ordinar , in the Case of Inhibition and Interdiction . The Lords sustained the Reply , in respect that it was not proponed , by defense to delay the Pursuite , but by Reply , which did only delay the Pursuer himself , and also , that they thought it hard , to cause the Pursuer quite his Possession , and then go to a Reduction . Antonia Birnie contra Liferenters of Rossie : Eodem die . ANtonia Birnie , as Heir appearant , and having Right to the Fee of the Estate of Rossie , and Fordel , pursues her Mother and Grand-father , Liferenters thereof , for a modification of Aliment . The Grand-father made no opposition● It was alleadged , for the Mother , that the whole Inheretance was not Liferented . The Pursuer Answered , that what was not Liferented , was affected with Apprizings for the Defuncts Debts , led after his Death . The Defender answered , non relevat , unless the Appryzings had been before the Defuncts Death , but being against the Appearand Heir her self , she ought to sell Land , and pay the Debt and live upon the remainder . The Pursuer offered her to prove the Appryzings and Debts equivalent to the Value of all the Land● not Liferented . Which the Lords found Relevant . Iames Maxwell contra Adam Maxwell . Eodem die . JAmes Maxwell , pursues Adam Maxwell , for declaring a Disposition of Lands , granted by the said Iames his Wife to the said Adam , to have been in trust to her behove , and after her decease , to her Husband , and for adminicle lybelled a Bond granted by the said Adam , some Moneths after the Disposition , whereby he oblidged himself to grant a Back-bond to the Lady , by the advice of Lawyers , conform to the Disposition made to him , and oblidged him to deliver the said Back-bond to the Lady , or to the Ladyes Husband after her Death , whereupon it was alleadged , that the Back-bond being to be made by the Advice of both their Lawyers , the Disposition behoved to be in trust . The Defender opponned the Tickit , bearing the Back-bond , to be conform to the Disposition , in which there was an expresse Reservation of the Ladyes Liferent ; so that the Back-bond could import no more , then securing of that Liferent . The Pursuer answered , these words , conform to the Disposition , were set upon the Margin of the Tickit , which was all written by the Defenders hand , and might have been added , ex post facto , 2. The Tickit behoved to import more then the Liferent , because the Liferent was fullie and clearly reserved , and oftimes repeated in the Disposition , so that Clause had been frustrat . Thirdly , The oblidgment to deliver the Back-bond to the Ladies Husband after her Death , could not be understood , to be only in relation to her Liferent , which and the Husbands interest should cease by her Death . The Lords found the Tickit sufficient to instruct Trust , but because the Terms of the Trust were not clear . They before answer , in Relation to the Probation of the Terms thereof , Ordain the Parties to Compt and Reckon upon all Sums , due by the Lady to the Defender , in contemplation of the Trust , that the same might be allowed and satisfied to the Defender , before he be denuded . Iames Slumond contra Wood of Grange Eodem die . JAmes Slumond , having charged Iames Wood of Grange , to pay a Sum wherein he was Cautioner for the Laird of Balcaskie , to Williiam Smith merchant in Edinburgh , who constitute Richard Potter Assigny , who transferred the same , to the said Iames Slumond , and Suspends . The reason of Suspension was , because this Bond was payed , and retired by Balscaskie , the principal Debitor ; who took a blank Translation thereto , from Potter the Assigny ; which Translation ; with the Bond it self , were surreptitiously taken out of his Coffer , by Iames Hay , who filled up this Chargers name therein , likeas , the Suspender produced a Declaration of Potter , that the Sum was payed ●o him , by Balcaskie , and therefore the Suspender craved , that the Oaths of this Charger , the said Iames Hay , and Potter , and also the Witnesses , who were present at the payment of the Sum might be taken before Answer . Which the Lords granted , albeit the Charger had the Translation for an one●rous cause . Children of Monsual . contra Laurie of Naxweltoun . February 14. 1662. THE Children of the Laird Monsuel , as Executor to their Father , pursues Laurie of Maxwelltoun , for a Sum due by him to the Defunct , who alleadged Compensation , upon a Debt due by the Defunct , Assigned to the Defender , by the Defuncts Creditor , after the Defuncts Death , and intimat before any Citation , or Diligence , at the instance of any other Creditor . The Pursuer replyed , that Debt compensed on , cannot take away this Debt pursued for solidum ; because the Defender , as Assigny can be in no better Case then his Cedent , and if he were now pursuing ; he would not be preferred fore his whole Sum , but only in so far as the Testament is not yet exhausted , or other prior Diligence done , for an Executor , having but an Office , can prefer no Creditor , but according to his Diligence , much less can any of the Defuncts Debitors , by taking Assignation from any of the Defuncts Creditors , prefer that Creditor whose intimation is no Legal Diligence . The Lords found that the Defender could be in no better Case then the Cedent , and could have only compensation , in so far as the Inventar was not Exhausted , or prior Diligence used , they found also , that a Decreet against a Defender for making arrested Sums forthcoming , at the Instance of an of the Defuncts Creditors , was null , because the Executor Creditor was not called thereto , albeit Decreet was obtained● at the Instance of that Creditor , against another Executor in a former Process . Lady Muswal Elder contra Lady Muswal Younger . February 15. 1662. IN a Contention , betwixt the Lady Muswall Elder , and Younger , upon two Annualrents out of one Barony . The Lords Ordained the first Annualrenter to do Diligence , within twenty days after each Term ; that after that time , the second Annualrenter might do Diligence , or otherwise , at her option Ordained the Lands to be divided , conform to the Rents Proportionably , as the two Annualrents . The second Annualrent and the first to take her choise . Laird of Pitfoddels contra Laird of Glenkindy . Eodem die . IN the Revieu of a Decreet in one thousand six hundred fiftie nine , at the Instance of the Laird of Pitfoddels , against the Laird of Glenkindy● in which Decreet , Glenkindy Cedents Oath , having been taken , that the Cause of the Bond was , for an Assignation to a Wodset , which was excluded by Apprizing , after Report whereof , Glenkindy the Assigny alleadged , that his Cedents Oath could not prejudge him ; and it being Answered , that he made no Objection before the Oath taken , neither could make any Just Objection , because the Oath of the Cedent any time , before Intimation● is sufficient against the Assigny , Glenkindy Answered , that his being called in that Process as Assigny , and compearing ; and Insisting as Assigny was an intimation , which was before taking of the Oath , which was found Relevant in the said Decreet , and now rescinded by the Lords , upon this consideration , that the Citation being ad hunc offectum , to instruct the cause of the Bond , the insisting in that pursuite could not be such an intimation , as to exclude the Cedents Oath . Earl of Bedfoord contra Lord Balmirino . February 18. 1662. THE Earl of Bedfoord , for satisfaction of his Tocher , due by his Father in Law ; the deceast Earl of Sommerset , caused Adjudge , in the name of a Person intrusted , all Right compent to the Earl of Summerset , of the Estate of Iedburgh , and being Assigned to the Adjudication , pursues the Lord Balmirino , for denuding himself of two Apprisings of the Estate of Jedburgh , conform to three Back-bonds produced ; granted by umquhile Balmirino , to Summerset , acknowledging , that he had acquired Right to these Apprysings , with Summersets own Money , and therefore oblidged him to denude himself thereof . The Defender alleadged , that his Father being intrusted by the late Earl of Summerset , to acquire the Estate of Iedburgh , and having the Fee thereof in his Person , the Defender is not oblidged to denude himself , untill he be Re-imbursed , and satisfied of all Sums of Money , which after the said Back-bonds he payed for Summerset , or advanced to Summerset , which can only be accompted , to have been in Contemplation of the Trust , and is particularly so exprest , in Summersets Letters produced , bearing , that Balmirino should be satisfied , of what was due to him , out of Tiviotdale , whre the said Estate of Iedburgh lyes . The Pursuer answered , non rel●vat , against him , as a singular Successor . 2dly . Non competit , by way of Exception ; but the Defender hath only Action therefore : especially this Trust being fidei-comissum ; which is a kind of Deposition , in which there is neither Compensation , nor Retentation competent . 3dly . there can be here no Compensation , because the Debt is not Liquid . The Defender answered , his Defense stands must Relevant , which he founds not upon Compensation , but upon the Exception of Retentation , which is competent in all Mandats , and Trusts , by which , as there is a Direct Action , in favour of the Mandator , against the Mandatar , or Person intrusted ; so there is a contrare Action , in favours of the Mandatar ; for satisfying of all , that he hath expended , by Reason of the Trust ; and which he may make use of , beway of Exception of Retention , if he be pursued and whatsomever by in Relation to Compensation , in deposito , by the civil Law , or of the difference of Action , and Exception ; yet , thereby they , and by our un contraverted Custom , whatever is competent by way of Action , is Competent by Exception , and if this be not receavable by Exception , it is utterly lost , because there is none to represent Summerset . The Lords considering , that Balmirino's Estate was disponed , and Apprysed , by his Vncle , the Lord Couper , and William Purvis , the Reversion whereof was shortly to expire , which they would not lengthen , and that by an accompt running , to the expire of these Reversions , the Pursuer being a Stranger , might be frustrat ; therefore they Repelled the Defense , but declared , that Estate , or benefit that Bedfoord should make thereby , should be lyable to Balmirino , for what Debt he should instruct to be due by Sommerset , and withall supers●●eded the Extract f●r a time , that if in the meane time , Balmirino should cause Couper and Purvis Restrict their Rights , to as much Rents as would pay their Annualrents , and secure Bedfoord in the rest of his Estate , and in a certain Bond produced , for what should be found due , They would sustain the Defense by Exception , and Ordain Compt and Reckoning . Lord Carnagy contra Lord Cranburn . February 19. 1662. THE Lord Carnagie being Infeft in the Barony of Dirltoun , upon a Gift of Recognition by the KING ; pursues a Declarator of Recognition , against the Lord Cranburn , because the late Earl of Dirltoun , holding the said Barony Ward of the KING , had without the KING'S consent , alienat the same to Cranburn , and thereby the Lands had Re-cognized . The Defender alleadged , First , No Process , because he is minor , & non tenetur placitare super haereditate paterna . Secondly , The Re-cognition is incurred by the ingratitude , and Delinquence of the Vassal , yet delicta morte extinguntur , so that there being no other Sentence , nor Litiscontestation against Dirltoun , in his own Life , it is now extinct , which holds in all Criminal and Penal Cases , except in Treason only , by a special Act of Parliament . The Lords Repelled both the Defenses : The First , in respect that the Defender is not Heir , but singular Successor , and that there is no question of the validity of his Predecessors Right in competition with any other Right , but the Superiours . The other , because Recognition befalls not as a Crime , but as a Condition , implyed in the nature of the Right , that if the Vassal alienat , his Fee becomes void . Children of Wolmet contra Mr. Mark Ker. Eodem die . IN a Declarator of Redemption , at the the Instance of the Children VVolmet , against Mr. Mark Ker. It was found that the Declarator needed not be continued , though the Pursuer produced not the Reversion , but an attestat double thereof , and offered to prove , that the principal Reversion was in the Defenders hands . Which was sustained , the Pursuers Right being an Appryzing . Earl of Calender . contra Andrew Monro . February 20. 1662. THE Earl of Calender pursues Andrew Monro of Beercrofts , for the valued Teind Duty of his Lands several years : who alleadged absolvitor , for the Teinds intrometted with by his Author , preceeding his Right . The Pursuer Replyed , that Teinds being valued , are like an Annualrent , and are debiti fundi , by the Act of Parliament 1633. anent Valuations . The Teind-masters being appointed to be Infeft in the Right of the Teind , according to the Valuation . The Lords found the Defense Relevant , and found the Teind not to be debitum fundi , albeit valued . Halb●rt Irvin contra Mackertnay . Februarie 24. 1662. THis day , in a Spulzie betwixt Halbert Irvin and Mackertnay . The Defender principally called , having proponed a Defense , upon a Disposition and Delivery of the Goods in question , and craving to prove the same , by others of the Defenders , called as accessory , as necessary Witnesses , alleadging , that the Pursuer had called all that were present upon the ground , as accessories , that thereby he should get no Witnesses . The Lords Ordained the Pursuer in the Spulzie , to declare whether he would insist against these others , as accessory , or as applying any of the Goods to their own behove , or if he would not , allowed them to be received as Witnesses ; and if he did insist against them , Ordained the Processe against the principal Partie to fist till the accessions were discussed , that such of them as were assoilzied might be used as Witnesses . Alexander Arbuthnet of Fiddes contra Keiths . February 25. 1662. ALezander Arbuthnet of Fiddes , pursues Keiths , the two Daughters of John Keith , and their Husbands , for the avail of their Marriages , belonging to him , as Donatar by the Earl of Marischal their Superiour . The Defenders alleadged , First , No Process , because nothing produced to instruct that the Lands were Waird , or that the Earl of Marischal is Superiour . Secondly , absolvitor from that Conclusion of the Summons● craving not only the Ground to be Poynded , for the avail of the Tocher , but also the Defenders personally to pay the same . Thirdly , Absolvitor , because the Earl of Marischal consented to the Defenders Marriage , in so far as he is Witness in the Contract . The Lords repelled all these Alleadgances : The First , in respect that Waird is presumed , where the contrair is not alleadged , and the Defender did not disclaim the Earl of Marischal as his Superiour . The Second , because they found , that the avail of the Marriage did not follow the Value of the Land holden Waird , but the Parties other Means and Estates also ; so that the avail of the Marriage might be much more worth then the profite of the Waird Land : and therefore behoved not only to affect the Ground , but the Heir , or appearand Heir personally : And as to the other Defense of the Earls consent , it was after this Granted , and was only as Witness , neither is the profite of the Marriage , as to the single avail , taken away by having of the Superiours tacit consent : but is a Casuality simply belonging to him , which cannot be taken from him , unless — id — ageb●tur , to renunce the benefite thereof , yet it seems that the Superiour , consenting to his Vassals Marriage , can crave no greater Avail then the Vassal gets of Tocher . Brown contra Iohnstoun . February 26. 1662. BRown having obtained Decreet against Archibald Iohnstoun of Clachrie for two hundred pounds Sterling : He raises Reduction and Review upon this Reason , that the ground of the said Decreet was a Bill of Exchange drawn by Johnstoun , to be payed by Mukgown in Blackainor-fair in England , Ita est , the alleadged Bill is null , not Designing the Writer , nor having any Witnesses , neither hath it the Subscription of Johnstoun , nor the Initial Letters of his Name , but only a mark , most easily Initiable , which is Written about with an unknown hand : Archibald Johnstoun his mark , it being reasoned amongst the Lords , whether this could be accompted a Writ Probative ; and it being alleadged an Astruction thereof , that this Johnstoun being a Merchant and a Drover , was accustomed ordinarly so to Subscribe , and to give Bills for far greater Sums then this . The Lords thought it would be sufficient amongst Merchants , though it wanted Witnesses , but being unwilling via ordinaria , to allow of such a Writ , or Subscription , for which we have neither Custom nor Decision : Yet in respect of the Decreet , and of the alleadged Custom so to Subscribe : They before answer , ordained the Oaths ex officio , to be taken of the Writer of the Bill , if he could be condescended on by either Party , and of the Witnesses who saw Johnstoun Write this mark , or receive the Money , for which the Bill was granted . Creditors of Kinglassie . Competings . Eodem die . IN a Competition betwixt the Creditors of Hamiltoun of Kinglassie . It was alleadged for William Hume , who had Right to an Annualrent , that he ought to be preferred to Joseph Lermont , who stood publickly Infeft in the Property , in Anno 1655. because albeit the Annualrent of it self was base , yet long before , it was validat by a Decreet for Poynding of the Ground . It was answered , that there was no way to make a base Infeftment valide , but by Possession : here there could be no Possession , because the Annualrent was granted to take effect only after the Granters Death , and the Decreet thereupon was obtained long before his Death , and so could be repute no Possession . The Lords were of Opinion , that the foresaid Decreet of Poynding of the Ground upon the base Infeftment , Ordaining the Ground to be Poynded ( the Terms of payment being come and bygone ) was sufficient to validate the base Infeftment : and that thereby it remained no more a private Clandestine Infeftment , by many other Questions falling in . The Matter was laid aside without Decision , vide February 27. 1667. Inter eosdem . John Kinard contra Laird of Fenzies . Eodem die . JOhn Kinard pursues a Declarator of Property of a Myre or Marish in the Carss of Gowrie , against the Laird of Fenzies , who had his Land on the other side thereof , alleadging that he and his Predecessors and Authors , have been fourty years in Possession of the Myre , as proper Part and Pertinent of the Barony of Rossie , and that the same is severally kend and known by March and Meith , and a Dyke inclosing it from the Defenders Lands : It was alleadged for the Defender , that he , his Predecessors and Authors , this fourty years has been in Possession of the said Myre , by doing all the Deeds Libelled by the Pursuer , which must give them Right , at least of common Passurage , Fail and Divot therein : and therefore craves the Defense to be found Relevant , and admitted to his Probation , at least that a Cognition might be by an Inquest , conform to the Act of Parliament , and Witnesses led , hinc inde . The Pursuer Replyed , that he offers him to prove that by the space of fourty years , he , his Predecessors and Authors Possessed the said Myre , not only by the Deeds Libelled ; but also did divide the same in several Parcels to each Tennent in the Barony , and was accordingly Possessed by them , which is sufficient to show that they bruiked the same as Property , and not a promiscuous Commonty . And as for the Defenders Alleadgances of Commonty by common Pasturage , &c. The same ought to be Repelled ; because the Pursuer offers him to prove that he interrupted and debarred the Defender from time to time , which hindered him to Acquire a Right of Commonty , by Possession and Prescription , and he cannot alleadge that he hath any other Right by express Infeftment ; and therefore being so much more pregnant then the Defender , there ought to be no Cognition , but he preferred in Probation . The Lords Repelled the Defense in respect of the Libel and Reply , but granted Commission to one of their number , to Examine Witnesses for the Pursuer , omni exceptione majores , after which , the Defender passing from his Compearance , The Lords Declared they would give the Extract of the Interlocutor to the Pursuer , and give his Libel and Reply by way of Condescendence , and Declaration of the manner of the Property , and of his Possession to his Probation . Viscount of Stormount contra Heirs of Line , and Creditors of the Earl of Annandale . Eodem die . THE Viscount of Stormont pursues a Declarator against the Heirs of Line , of Umquhil James Earl of Annandale , and several Creditors of the said Umquhil Earl , who had Appryzed the Lordship of Skoon , and were Infeft thereupon ; to hear and see it found and declared , that David Viscount of Stormount had Disponed these Lands , to Mungo Viscount of Stormount his Brother , and the Heirs-male of his Body , which failzing , to Andrew Lord Balvaird , and the Heirs-male of his Body , &c. with this express provision in the Charter , and repeated verbatum in the Seasine , that it should not be leisom to the said Mungo , or any of the Heirs of Tailzie for the time , to alienate the Lands , or alter the Tailzie , or to do any Deed , whereby the same may be evicted , or Apprized , from the Heirs of Tailzie , otherwise their Right should expire , and should belong to the next Heir of the Contraveener , and that thereby Iames Earl of Annandale last Infeft , had contraveened the said Clauses by contracting thir Debts , whereupon the Lands were Apprised : and thereby had lost his Right , and that the saids Creditors Bonds and their Apprizings are thereby null and void : and likewise that the said Iames Earl of Annandale , his Retour was null , and that the Pursuer might yet Enter as Heir to Mungo Viscount of Stormont , as if the said Iames Earl of Annandale had never been Infeft . The Defender alleadged ; First , No Proses in this Order without a Reduction , without which no Infeftment can be taken away . The Lords Repelled this Alleadgence , and found that a Declarator was al 's effectual as a Reduction , when all was produced that was necessar to be produced before the ground of Nullity were Discussed , with which all the rest will fall in consequence , and that Reduction was only necessar to force tho Defenders to produce by the Certification , but if the Defender would produce himself , he might proceed by way of Declarator of Nullity . Secondly , The Defender alleadged no Processes , because by the Co-ception of the Clauses irritant , the Rights is declared to belong to the nearest Heir of the Contraveener ; and therefore the Pursuer as served Heir-male general to Andrew Lord Balvaird , hath no Interest till he be served Heir-male to Iames Earl of Annandale the Contraveener , in which case he cannot quarrel his Deeds or Debts . The Pursuer answered , that by Heir here cannot be understood the Heir actually served , but the Person only that might be Heir , for the Pursuer insisted in this same Processes against the Earl of Annandale , when he was living , and could not have been then excluded , because he was not his heir ; and therefore as is ordinar in all Clauses in relation to Heirs , which cannot be effectual , if Heirs served be understood , their Heirs appearing are understood , verba sumenda sunt cum effectu . The Lords also Repelled this Defense . Thirdly , The Defenders alleadged absolvitor : Because , first , Clauses de non alienando , are never understood to extend to necessary alienations , as for provision of the Feears Wife and Children , for Redemption of him from Captivity , or any other accident , without his Fault . Secondly , Clauses de non Contrahendo debitum are against Commerce , and utterly rejected . Thirdly , Clauses irritant are resolutive , albeit contained in the Infeftment , are but personal obliegements , and the ground of an Action against the contraveener ; but if the Contraveener be denuded , are not effectual against singular Successors ; Especially Creditors Contracting bonafide , with one standing Infeft , before the matter became litigious by Processes , upon that Clause , seing no Inhibition was used : ita est , thir Creditors had Apprized and were Infeft before any such Processes upon this Clause , or Inhibition used , and no personal provision could transmit the Right from Annandale to Stormount , upon contraveening the Clausses , nor could hinder the transmission thereof from Annandale , who had the only real Right to the Creditors , by vertue of their Appryzings and Infeftments , which denuded Annandale of the real Right , and which real Right stands now only in the Person of the Creditors Infeft , so that there can be no more in Stormounts Person , but a Personal Provision , for the being within the body of the Infeftment , will not make this Clause real , and to affect the Right , quo ad singulares successores , more then the Clause of Warrandice in the Infeftment , which without question , reaches not singular Successors ; and albeit some Provisions in themselves Personal , may aff●ct singular Successors , as the Provision , that if two years run together , the Feu shall become void , or the Clauses of Reversion , or the Inherent Clauses , or quality in Ward holding , but these become real by Law and Statute ; for we have a particular Act of Parliament anent Reversions , to be effectual against singular Successors ; and another anent Feus , ●b non solutum canonem : and there is no other case that such Provisions are real . The Pursuer answered to the fi●st ; albeit alienations do not comprehend judicial Alienations by Appryzing in Recognition , and are oftimes not extended to necessar Alienations : Yet here the Clause bears expresly not to altenat , and also to do no Deed whereby the Laws may be Evicted and Apprized ; without which the Clauses de alienando , were utterly ineffectual , and repeats the same to t●e second . As to the third , albeit de facto , the real Right be in the Appryzers Infeftment , yet it is in them effected , with that quality in the condition and bosome of it , that gives good ground , not only against the Earl of Annandale Contraveener , to annul his Right ; But also the Apprizer in consequence , quia resoluto jure dantis , resolvitur jus accipientis , Especially in Feudal-rights , where provisionis investiturae , sunt legis feudi , as all Feudists agree , and therefore all such Pactions and Provisions are equivalent to Law. 2d . This Clause of the Infeftment is not only resolutive , but also is an Interdiction Prohibiting the Feear for the time , to alienat , or do any Deed prejudicial , without consent of such other Persons of the Tailzie , were Majors for the time ; and therefore , though the Pursuer should enter Heir to Annandale , he might annul these Rights , just as in the Case of an Heir of an Interdicted Person , who may annul all Rights by his Predecessors after the Interdiction . The Defenders answered , that as to this Point concerning the Interdiction , it cannot be effectual ; because by a particular Act of Parliament , all Interdictions are appointed to be published , and to be Registrat in the Registers of Inhibitions , otherways they are null : This Interdiction is neither published nor Registrat in that Register . The Pursuer answered , it is al 's publick , because it is not only in his Infeftment , at the great Seal , but it is verbatum in the first Seasine , and repeated in the Earl of Annandales Retour and Seasine , so as that the Creditors ought to have considered his condition when they lent him Money , and known that he was Infeft , otherwise their mistake , though it might be alleadged to be bona fidae ; yet if Annandale hade never been Infeft , their bona fides would have wrought nothing , seing therefore they did it on their peril , unless they knew he was Infeft , and they could not know he was Infeft by inspection of his Seasine , or of the Register , but they behoved to know this Clause , which is verbatum in it . The Lords did also Repel this Defense and Duply , in respect of the Reply and Triply , and found the resolutive Clause effectual against singular Successours , especially considering it was so publick and verbatim in the Seasine , and that it was equivalent to an Interdiction . Thirdly . The Defender further alleadged absolvitor , because the pursuer had● behaved himself as Heir to the Earl of Annandale , by Intromission with the Mails and Duties of the same Lands . The Lords Repelled this Defense , because the Pursuer having intented Declarator against Annandale in his own life , they thought the provision was equivalent to an Interdiction , which purged that passive Title . Creditors of Kinglassie . February 27. 1662. IN the Competition betwixt the Creditors of Kinglassie mentioned the former Day , the Dispute anent the base Infeftment , made publick by the poinding of the Ground so long before the Term of payment , being reasoned before the Lords in presentia , they sustained the same as before . Marjory Chalmers contra William Dalgardno . Eodem die . MArjory Chalmers pursues William Dalgardno as vitious Intromettor with a Defuncts Goods , to pay his Debt , who alleadged absolvitor , because the Rebel died at the Horn , and so had no Goods . Secondly , The Defender hath the gift of his Escheat , and also is Executor Creditor Confirmed to him . Thirdly , The Defender had a Disposition of all the Defuncts Goods , albeit he possessed not thereby during his Life ; yet he might Enter in possession , after his Death , and not be vitious Intromettor . The Lords found this Defense Relevant , to elide the passive Title , but prejudice to either Party , to Dispute their Rights , as to the simple avail of the Goods ; and they Repelled the first Defense , and found the second and third Defenses Relevant only , if the Gift was before the Intenting of this Cause William Hamiltoun contra Mcfarlane of Kirktoun . February 28. 1662. WIlliam Hamiltoun pursues Iames Mcfarlane of Kirktoun , as Successor titulo lucr●●ivo to his Father , to pay his Debt , who alleadged absolvitor , because he was not alioqui successurus , in respect that at the time of the Disposition , he had , and hath an Elder Brother , who went out of the Countrey , and must be presumed on life , unless the Pursuer will offer to prove that he was Dead before this Disposition ; so that at the time thereof , the Defender was not appearand Heir & alioqui successurus , because vita presumitur . The Pursuer answered , the Defense was not Relevant , unless the Defender would be positive , that the time of the Disposition his Elder Brother was on life ; especially seing he had been out of the Countrey twenty years , and was commonly holden and repute to be Dead . The Lords sustained the Defense , that the Elder Brother was on life the time of the Disposition , and reserved to their own consideration the Probation , in which if the Defender proved simply , that his Brother was actually living the time of the Disposition , there would remain no question : and if he prove that he was living about that time , they would consider , whether in this Case , the presumption of his being yet living , should be probative . Pa●rick Herron contra Martein Stevenson . Iune 17. 1662. PAtrick Herron having obtained Decreet of Removing against Martein Stevinson , he Suspends on this Reason , that the Decreet was not upon Litiscontestation ; but a time being Assigned to the Suspender , to find Caution for the violent Profits , and he failing , was Decerned without being admitted to any Defense ; and now alleadges , that he ought not to remove , because he obtained Decreet of Adjudication of the Lands in question , against the common Author , and thereupon charged the Superiour long before the Chargers Decreet of Adjudication or Infetment . The Charger answered , that the Reason ought to be Repelled , because the Decreet was given against the Defender , compearing and failing as said is . Secondly , The Charger stands Infeft upon his Adjudication . The Pursuer was never Infeft , neither did he use all Diligence to get himself Infeft , not having Denunced the Superiour , and in case he had Suspended , Discussing the Suspension . The Lords found the Reason Relevant and Proven , and Suspended ; because they found no necessity for an Appryzer to use further Diligence against the Superiour , then the Charge of Horning , unless the Superiour had Suspended both , and that in competition the other Party had done greater Diligence . Earl of Marischal contra Charles Bray . Iune 18. 1662. THe Earl of Marischal having obtained Decreet in his own Baron Court , against Bray , compearing for a years Rent of his Maines of Dunnottor , herein he had been possest by the English , Bray Suspends , and alleadges compensation upon a Bond assigned to him , due by the Charger , who answered competent and omitted , and so not receivable in the second Instance ; especially being Compensation , which by special Act of Parliament , is not to be admitted in the second Instance . The Lords Sustained the Reason of Compensation , and found that a Baron Court was not such a Iudicature , as that Alleadgences competent and omitted , that should be Repelled in the second Instance . Mr. Iohn Wallace contra Forbes Iune 19. 1662. RObert and William Forbeses and Heugh Wallace , being bound in a Bond as Co-principals , Heugh Wallace being Distressed for all , consigned the Sum to this Chargers Son , Forbes Suspends on this Reason , that there is no Clause of Relief in the Bond , and Wallace being Debitor in solidum , and having gotten Assignation confusione tollitur obligatio . The Charger answered , that though there was no Clauses of Relief , hoc i●est , where many Parties are bound conjunctly and severally , that each is oblieged to relieve others . The Lords Repelled the Reason of Suspension for the Suspenders part , and found them lyable therefore , but not for the other Co-principal Parties . Isobel Drummond contra Iean Skeen . Eodem die . ISobel Drummond pursues Iean Skeen as behaving her self as Heir to her Brother Iames Skeen , by uplifting the Mails of the Lands , wherein he Dyed Infeft , to fulfill her Contract of Marriage with Iames. The Defender alleadged absolvitor , because the uplifted those Duties by vertue of her Infeftment , being Served Heir to Iohn Skeen , Son to Iames Skeen , the Pursuers Debitor , who was Infeft , not as Heir to his Father Iames , but as Heir to her Good-sire . The Pursuer answered , in respect to the Defenders Seasine , or to Iohn Skeens , which were evidently null , seing Iames Skeen was Infeft , and so John could not pass over him to his Goodsire ; and if any regard were to such Infeftment , it would open a Door to all Fraud , and abstracting of Defuncts Creditors Evidents . The Lords found the Defense Relevant to purge this viticus passive Title , seing the f●●●zie was not in this Defender , but in John Skeen his Brother Son , but prejudice to Reduce as accords , but ordained her to Renunce to be Heir to James , that Adjudications might be obtained . Mr. Alexander Vernor contra George Allan . June 24. 1662. MR. Alexander Vernor as Executor to Mr. David Calderwood , Charges George Allane , to pay a part of the Defuncts Stipend , as he who intrometted with the Teinds of the Lands lyable therefore , whereupon he had obtained Decreet . The Suspender alleadged that the Decreet was in absence , and any intromission he had , was only as a Merchant having bought from Sir Alexander Auchmutty the Heretor , to whom he made payment bona fida , before any Arrestment , or Pursuit against him . The Charger answered non Relevat , because the Suspender is oblieged to know , that by Law , the Teinds are lyable for the Ministers Stipend . Secondly , He offers him to prove that the Suspender did not make his Bargain for so many Bolls of Victual ; but that he took Disposition of the Corns ipsa corpora , before they were drawn . The Lords found the answer Relevant , to elide the Reason , and found the Defender lyable for the tenth part of the Cornes he bought . Robert Hay contra Hoom of Blackburn . Eodem die . RObert Hay Tailzior pursues Hoom of Blackburn , as representing his Father upon all the passive Titles , to pay a Debt of his Fathers . The Defender alleadged absolvitor , because there was nothing produced to instruct the Debt , but an Extract out of the Register , bearing the Bond to have been Registrated by his Fathers consent , whereas it is nottour and acknowledged by the Summons , that his Father was Dead long before the Date of the Registration . The Pursuer answered , the Extract is sufficient to instruct the verity of the Bond , being in a publick Register of the Session ; alb it the Defunct was Dead the time of the Registration , which might have been the Creditors mistake , and cannot prejudge them , seing vitapresumitur , especially now , when through the loss of the Registers , principal Writs cannot be gotten . The Defender opponed his Defense , and the Decisions of the Lords , lately in the like case concerning the Earl of Errol , because nothing can instruct against any man , but either a Writ Subscribed by him , or the Sentence of a Judge upon Citation or consent , and this is neither . The Lords refused the Extract simply , but ordained the Pursuer to condescend upon Adminicles for instructing thereof , either by Writ or Witnesses , who saw the Bond , &c. of Woodhead contra Barbara Nairn . Eodem die . WOodhead pursues Barbara Nairn , for the Mails and Duties of certain Lands . The Pursuer alleadged absolvitor , because she Defender stands Infeft in Liferent of these Lands . It was Replyed , The Defenders Husband Disponed these Lands to the Pursuer with her consent , Subscribing the Disposition . It was Duplyed , The Defenders Subscription and Consent was Extorted , metus causa , whereupon she has Action of Reduction depending , and holds the production satisfied with the Writs produced , and repeates her Reason by way of Duply , viz. if she was compelled by her Husband it was by just fear ; because she offered to prove by Witnesses , that he threatned her to consent , or else he should do her a mischief , and that he was a fierce man , and had many times beaten her , and shut her out of Doors , and offered to prove by the Nortar and Witnesses Insert , that at the time of the Subscription , she declared her unwillingness . The Lords found the Defense and Duply Relevant . David Wilkie contra Sir Andrew Ker. Eodem die . DAvid Wilkie and others , Tacks-men of the Castoms , Charged Sir Andrew Ker for the Tack-Duty of the Customs of the Border , Anno 1650. Set by them to him , he Suspends , and alleadges by the publick Calamity of the English Entry , in Anno 1650. in Iuly , Traffick was hindered , and by the Kings Proclamation , against Commerce with these . The Charger answered , it was a Casuallity ex natura rei , and that they had payed without Defalcation , and the Suspender had profit in former years . The Lords before answer Ordained the Suspender to Compt upon what benefit he got in Anno 1650. and what Profite above the Tack-duty in former years . Adamsons contra Lord Balmerino . Iune 26. 1662. ADamsons being Infeft in an old Annualrent out of two Tenements in Leith , and having thereupon obtained Decreet of Poynding the Ground in Anno 1661. and insisting for poinding one of the Tennents Goods , now belonging to the Lord Balmerino , for the whole Annualrent ; Balmerino Suspends on these Reasons ; First , The Heretor against whom the Decreet of poinding was obtained , and all the Tennents were Dead ; and therefore it can receive no summar Execution , against the present Heretor and his Tennents , but there must be a new Decreet against them . Secondly , Balmerino hath peaceably possessed this Tenement twenty or thirty years , and thereby hath the Benefit of a possessory Judgement , by which his Infeftment cannot be questioned without Reduction and Declarator . Thirdly , The Englishes possessed this Tenement several years by the publick Calamity of War ; and therefore there must be Deduction of these years Annualrents , as is frequently done in Feu-duties . Fourthly , The two Tenements being now in the hands of different singular Successors , Balmerino's Tenement can only be poinded for a part of the Annualrent . The Pursuer answered , that Poinding of the ground is actorialis , chiefly against the Ground ; and therefore during the Obtainers Life , it is valued not only against the ground , while it belonged to these Heretors and Possessors , but against the same in whosoever hands it be , that the Moveable Goods therein , or the Ground Right thereof may be Apprized . To the second , Annualrents are debita fundi , and a Possessory Judgement takes neither place for them , nor against them . To the third , though in some cases Feu-duties ceass by Devestation , that was never extended to Annualrents , due for the profit of a Stock of Money . To the fourth , the Annualrent being out of two Tenements promiscuously . The Annualrenter may Distress any part for the whole , in whosoever hands the Tenement may be . The Lords Repelled all these Defenses , but superceded Execution for one half of the Annualrent for a time , and Ordained the Suspender to give Commission to Balmerino to put the Decreet in Execution against the other Tenements for its proportion , for his relief , medio tempore . Wilson contra Thomson . Eodem die . WIlson having obtained Decreet against Thomson , for poinding of the Ground of a Tenement of Land , Thomson Suspends on this Reason , that the Chargers Infeftment is base , and before it was cled with Possession , the Suspender was publickly Infeft , and thereby excludes the base Infeftment though prior . The Charger answered , that the Reason ought to be repelled , because he had used Citation upon the base Infeftment , before the publick Infeftment , by which Citation , res fuit letigiosa . The Lords Repelled the Reason in respect of the Answer , and found the base Infeftment validat by the Citation , whereupon the Decreet followed . Ruthven contra Laird of Gairn . Iune 27. 1662. THe Laird of Gairn having Infeft his Son in his Estate , reserving his own Liferent ; after his Sons Death , his Oye pursues him for an Aliment out of the Estate , conform to the Act of Parliament , appointing the Heir to be Entertained by the Donatars to the Ward , Conjunct-feears , or Liferenters thereof . The Defender alleadged absolvitor , because the Act of Parliament cannot be extended to his case , who voluntarly Infeft his Son in his Estate , with the burden of his Liferent . Secondly , If any Aliment were due , the Mother who is Liferenter must bear her part . Thirdly , Aliment is only due where the Heir hath no other means ; But here the Heir hath a Stock of Money , which though Liferented by his Mother , yet he may Entertain himself out of the Stock . The Pursuer answered : First , That the Act of Parliament anent Alimenting of Heirs , is generally against Liferenters without exception . Secondly , The Disposition by the Defender to the Son , was for a Tocher worth all the Estate he then had ; wherefore no part was Liferented by the Son , or his Wife , the Pursuers Mother , but only a sum of Money which came by her self , and there is no reason that the Stock thereof should be exhausted for the Pursuers Aliment , the Defender having now succeeded to a plentiful Estate . The Lords Repelled the Defense in respect of the Replyes . Mr. David Watson contra Mr. Iames Ellies . Eodem die . MR. David Watson having acquired Right to the Superiority of Stenhouse milne , pursues the Feuers , for their Feu-duties , who alleadge , First , no Process , the Lands in Question , being Kirk-lands , Disponed to a Lord of Erection ; and it is declared , that the Lords of Erection , having only right to the Feu-duty , till they be Redeemed by the KING , at ten Years purchase , by the Act of Parliament thereanent , in Anno 1633. And thereby none have Right , but such as subscribed the submission , surrendring their Interest in the KING'S hands , untill the Pursuer Instruct , that his Author did subscribe the said submission , he hath no Interest . Secondly , absolvitor , from the Feu-duties , 1650. and 1651. Because the Lands were wasted these Years , by publik calamity of War. Thirdly , absolvitor from Harrage and Carrage ; because all Services are reserved to the KING , by the said Act of Parliament . The Lords assoilzied from Harrage and Carrage , but differed for the Feu-duty , being smal , and found no necessity for the Pursuer to instruct , that this Author did subscribe the Surrender , after so long time , but that the same was presumed for his so long bruiking the Fee. Sir William Wilson contra Sir William Murray . Eodem die . WIlson having Apprysed Sir William Murrays Estate , pursues him and his Tenents , for Mails and Duties , who alleadged , that by the Act of Parliament 1661. anent Debitor and Creditor , the Lords are impowred to restrict Apprysers , to a part of their Lands Apprysed , sufficient for the Annualrent , and to leave the rest to the Debitor . The Lords did accordingly restrict , but give the Appryser his option of any of the Apprysed Lands , ( except the Debitors House and Mains ) paying eight per cent . effeiring to the Sum Apprysed for ; the Appryser being comptable for the superplus above the Annualrent , and publick burdens● Dame Margret Hay contra George Seaton of Barnes . Iune 28. 1662. UMquhile Sir Iohn Seatoun of Barnes , having provided George Seaton his son , by his Contract of Marriage , to his lands of Barnes , some diferences rose amongst them , upon the fulfilling of some Conditions in the Contract , for setling thereof , there was a minute extended by a Decreet of the Judges , in Anno 1658. by which the said Dame Margaret Hay , second Wife to the said Sir Iohn , was provided to an hundred pound sterling in Liferent , and it was provided , that Sir John might burden the Estate with ten thousand merks to any Person he pleased , to which George his Son did consent , and oblidged himself , to be a principal Disponer , Sir Iohn assigned that Clause , and destinat that Provision , for Hendrie Seaton his Son , in Fee , and for the said Dame Margaret Hay in Liferent , whereupon she obtained Decreet before the Lords , the last Session , George suspends the Decreet , and raises Reduction , on this Reason● that the foresaid Clause , gave only power to Sir Iohn , to burden the Estate with a 10000. merks , in which case George was to Consent , and Dispone , which can only be understood of a valid Legal and Effectual burden thereof , but this Assignation is no such burden , because it is done in lecto egreditudinis , and so cannot prejudge George , who is Heir , at least appearand Heir to his Father . The Charger answered , that the Reason was no way relevant . First , because this Provision was in favours of the Defuncts Wife , and Children , and so is not a voluntar Deed , but an Implement of the natural obligation of providing these . 2dly . This Provision , as to the Substance of it , is made in the Minute , and extended Contract in the Fathers health ; and there is nothing done on Death-bed , but the Designation of the Person , which is nothing else , then if a Parent should in his life time give out Sums payable to his Bairns , leaving their names blank , and should on Death-bed fill up their names . The Suspender answered , that he opponed the Clause , not bearing de presenti , a burden of the Land , but a Power to his Father to burden , neither having any mention of Death-bed , or in articulo mortis , or at any time during his life , and though the Dead , on Death-bed be in favours of Wife , and Children , it hath never been sustained by the Lords in no time , though some have thought it the most favourable Case . The Lords sustained the Provision , and Repelled the Reason of Reduction assoilzied therefrom , and found the Letters Orderly proceeded . Dorathie Gray contra Oswald . Eodem die . UMquhile Mr Iohn Oswald , having Married Dorathie Gray , in England , did at the time of their Contract , grant an English Bond of a 1000 lib. Sterling to the said Dorathies Mother , and on Wilson , ad opus & usum dictae Doratheae , the Condition of which Obligation , is , that if Mr. Iohn shal pay the saids intrusted Person , the Sum of 600 lib. Sterling , or shall secure the said Dorathie in Lands , or Cattels , worth thesaid Sum of 600 lib. in in his life time , or be his Testament . Then he shall be free of the 1000 lib. Mr. Iohn granted Assignation to the said Dorathie of 5500 merk due to him by the Earl of Lauderdale , bearing expresly the same to be for Implement of the Bond , and Assigning , both principal Sum , and Annualrent , Dorathie confirmed her self Executrix to her husband , gives up this Bond , and obtains Decreet against Lauderdale ; who calls Dorathie on the one part , and the appearand Heir , and Creditor , of the said Mr. John on the other part . It was alleadged , for the appearand Heir , and Creditors , that they ought to be preferred to the Stock of the Sum , because the Clause , ad opus & usum , could only be understood to be for Dorathies Liferent use , and not in Fee , and as for the Assignation , it was on Death-bed , and so could operat nothing in their prejudice . It was ; answered , for the said Dorathie , that she opponned the Clause . The meaning thereof was no other , but that her Mother and Wilson , were Creditors in trust to the use , and behove of her , and could not be a Liferent Right , because it was provided to her , her Heirs , Executors , and Assigneys ; and as to the Assignation , though on Death-bed , yet it may very well be used , as an Adminacle , to clear the meaning of the Parties . The Lords found the Clause to carrie the Stock of the Money , and preferred Dorathie , and it being thereafter offered to be proven , that by the Custom of England , such Clauses signifie only the Liferent use . The Lords repelled the alleadgance ; in respect of the Clause , being provided to Dorathies Heirs and Assignies , and in respect of the clearing meaning thereof by the Testament , would not delay , the Process , upon the proving the Custome of England , the matter being clear in the contrair . William Baillie contra Margaret Henderson and Ianet Iameson . Iuly 1. 1662. BY Minute of Contract , betwixt Umquhile Iameson , and Baillie , Baillie oblidged himself to Infeft Iameson in a Tenement , for which Iameson oblidged himself to pay three thousand merks of price , Iameson being dead , without any further progress upon the Minute . Baillie pursues the said Margaret Henderson , as Executrix to him , and the said Ianet Iameson , as Heir to pay him the price . It was alleadged , for the Executor , absolvitor , because , the bargain being incompleat , the Heir must perfit it , and dispone the Tenement , and so can only be lyable for the price ; for by the performance of mutual Minute , the Heir will only get the Land , and therefore the Executor should not be lyable for the price , or at least if the Executrix be decerned to pay the price ; The Pursuer must dispone to her the third part of the Tenement in Fee , and the two part to the Heir , she being the only Child , and having Right to the two third parts of the Moveables , which Moveables being exhausted , by the Price of the Tenement ; the Tenement ought to come in place of the price . The Pursuer answered , that he could dispone no otherwise , then according to the Minute , but the Executrix might betake her recourse against the Heir , as she pleased , but both as representing the Defunct , were lyable to him . The Lords decerned the Executrix to make payment , and would not bring the Debitor , betwixt the Heir and her in this Process , for the third of the Tenement , or for her Terce thereof , but reserved the same , as accords . Breidy contra Breidy and Muire . Eodem die . A Contract of Marriage was sustained , both against Principal and Cautioner , albeit subscribed , but by one Nottar , and by one subscribing Witness , there being more Witnesses insert , in respect , that Marriage followed thereupon . Lord Couper . contra Lord Pitsligo . Iuly 3 1662. THE Lord Couper alleadging , That being sitting in Parliament , and taking out his Watch , to see what hours it was ; he gave it to my Lord Pitsligo in his hand , and that he refuses to restore it ; therefore craves to be restored , and that he may have the Value of it , pretio affectionis , by his own Oath . The Defender alleadged absolvitor , because the lybell is not relevant , not condescending , quo modo , the Defender is oblidged to restore , for if the Pursuer insist upon his Real Right of the Watch , as proprietar , the Lybel is not relevant ; because he subsumes not that the Defender is possessor , or haver of the Watch , at the time of the Citation , or since , or at least dolo desijt poisidere ; or if the Pursuer insist upon a personal obligation , he ought to subsume , that the Defender borrowed the Watch , or ●ook the custody thereof , and thereby is Personally oblidged to keep and restore . Secondly , albeit the Lybel were relevant , absolvitor , because the Defender offers him to prove , that the Pursuer having put his Watch in his hand , as he conceives , to see what hours it was . The Defender , according to the Ordinar Civillity , they being both sitting in Parliament . The Lord Sinclar putting forth his hand , for a sight of the Watch ; The Defender did , in the Pursuers presence , put it in his hand , without the Pursuers opposition , or contradiction , which must necessarily import his consent , and liberat the Defender . The Pursuer answered , that he did now condescend , that he lent his Watch to the Defender , and that there was betwixt them , Contractus commodati , because the Defender having put forth his hand , signifying his desire to call for the Watch. The Pursuer put the same in his hand , and though there was no words , yet this Contract may be celebrat , by intervention of any signe of the Parties meaning , which here could be no other then that which is Ordinar , to lend the Defender the Watch , to see what hours it was , which importeth the Defenders oblidgment to restore the same . To the second Defense , non relevat , because the Defenders giving of the Watch to the Lord Sinclar , was so subit an Act , that the Pursuer could not prohibite , specially they being sitting in Parliament in the time : and therefore in that Case his silence cannot import a Consent , The Lords sustained the Lybel , and repelled the Defence , but would not suffer the price of the Watch to be proven by the Pursuers Oath , but pro ut de jure Agnes Peacock contra Mathew Baillie . Eodem die . AGnes Peacock , as Executrix to her Husband , having pursued Mathew Baillie , for payment of a Sum of Money ; he offered to prove payment , and at the Term produced a Discharge , whereupon the Pursuer took Instruments of the Production , and offered to improve the same ; and craved that the Defender might be Ordained to Compear Personally , and bide by the same , and a Term being Assigned for that effect ; and the Pursuer Ordained to consigne a Pand , in case she secumb , in the Improbation ; and an Act Extracted thereupon . The Defender coming from the Country , and appearing Personally . The Pursuer alleadged , the Discharge is null , wanting Witnesses . The Defender alleadged non Competit in this state of the Process , after the exception of Falshood , quae est exceptoinum ultima ; but if the Defender had alleadged the same at the production . The Defender would have replyed , that it was Holographon , and excluded any Improbation . The Lords found the Exception of nullitie not competent in this state of the Process . Allison Kello contra Paxtoun . Eodem die . IN a Process betwixt these Parties , an exception having been proponed . The Lords before answer , Ordained the Proponer to produce the Writs , with certification , that the Defense should be holden as not proponed , in termino certificatione , being craved , an Incident was produced , because the Writs were the Proponders Authors Writs , and in their hands . It was answered , that the Incident was not competent , there being no litiscontestation It was answered , that it was most competent , wherever there was a certification , as in Acts in Reduction , and Improbation . The Lords found the meaning of such Acts , and Certifications to be only , that the Parties should produce their own Writs , they would make use of , and such of their Authors Writs , as they had the time of the Act , and that the other Partie might have their Oath thereupon , if they pleased , and therefore refused the Incident . Rentoun of Lambertoun contra Earl of Levin . Eodem die . LAmbertoun having intented an Improbation of Lands , alleadged , subscribed by his Father in Favours of the Umquhile Countess of Levin , and her Daughters , and others : and having proceeded to the indirect manner Articles of Probation , and Improbation were given in Writ hinc inde , and a full Dispute thereupon , and all such Witnesses examined , as either Partie craved . The Lords having Perused , and Read the whole Process , did , upon the Defenders desire , allow them to be heard viva voce , and both Parties compearing . The Pursuer referred the Dispute to the Lords , without saying any further . And the Defenders having related the Case , and Debated in General , anent the taking away of Writs , by Presumptions and Conjectures , and having entred to Repeat all that was in the written Dispute , and to answer every alleadgance . The Lords declared , that it was not their meaning , that the Dispute should be repeated , but the material , and weighty points , which the Defender thought of most importance , to have been resumed , and urged shortly ; Referring to the rest the Lords . Therefore , they Ordained the Defenders , to order their alleadgences , as they might , for all that they had to say betwixt ten and twelve , the nixt day , without any further , unlesse the Pursuer answered . Thomson contra Mackitrick . Eodem die . THomson and Mackitrick having Apprysed some Tenements in Drumfriese , Mackitrick the first Appryser insists for Mails and Duties . Thomson alleadged , Mackitrick's Seasin was null , as being within Burgh Royal , and not given by the Baillies , and Town Clerk of the Burgh , conform to the Act of Parliament . The Pursuer answered , that his Seasin was given by the Provost , and by a Nottar , whom he imployed as Town Clerk ; not only in that , but in several other Acts : and that because the Town Clerk was excluded from his Office , for not taking of the Tender ; and upon the same accompt there was no Baillie ; so that to compleat this Legal Diligence , he was necessitat to take Infeftment by the Provost , which is sufficient in such Cases ; because , though the Act of Parliament mention the Baillies of the Burgh , that it is in opposition to Baillies in that part , but cannot be understood in opposition to the Provost , who has Major●m Iurisdictionem , quia majori inest minus , and offers them to prove , that he was Provost , at least habitus & reputatus Provost and that he did imploy his Nottar , as Town Clerk for the time . The Lords sustained the alleadgeance to prefer Mackitrick . The Executors Mr. Iames Fairly Minister of Leswald . contra the Parochiners . Iuly 5. 1662. THE Executors of Mr. Iames Fairly , having obtained Decreet , before the Comissaries , against the Parochiners , for the Ann , as being the hail Year , 1658. In respect the Minister died in February , in the Year 1658. The Decreet was Suspended , on this Reason , that the Ann could only be half a Year ; seeing the Minister died before the Sowing of the Cropt , or Whitsonday ; because , if a Minister serve after Whitsonday , he has the half of that years Stipend , albeit he be Transported , or Deposed ; otherwayes , if a Minister should serve the whole Year till Michalmass day , and then be Transported , or Deposed , he should get nothing ; so that the Ann being half a years Stipend , more then the Minister served for , he having only survived till Michalmes 1657. Has only the right to the Michalmes proprio jurae , and half a Year thereafter , as the Ann. The Charger answered , That in Teinds and Stipends , there are not two Terms , but Michalmes for all , and therefore , if the Incumbent be disposed or transported before Michalmes , he has nothing that Year , but if he die after Michalmes any time before the beginning of the nixt Year proprio jure , he has the Year he died in , and the half of the next , as his Ann , but if he live till Ianuary in the year ensuing , he has that whole year , as his Ann. Which the Lords found relevant ; and therefore the Lords found the Letters orderly proceeded . Duncan Drummond contra Colline Campbel . Eodem die . DVncan Drummond pursues Colline Campbel , for payment of a Debt of his Fathers , because in a Writ betwixt his Father and him . The Father had Disponed all his moveables to him , and he had undertaken his Fathers Debt , whereby the Pursuer , as Creditor , had interest to pursue him , to pay this Debt . The Defender having alleadged , that the Band and Disposition was never a delivered Evident , either to the Father or to the Son ; but two blanks subscribed by them , both were put in the hands of a Nottar ; to fill up the Bond and Disposition ; but before delivery , both Parties resyled , and desired the Nottar to Cancell and Destroy them , yet Eight or Nine Years after the Nottar gave them up to this Pursuer ; and neither to the Father nor to the Son , and the Question being how this should be proven . The Lords before answer Ordained the Nottar , and Witnesses insert to be examined ex Officio , which being done their Testimonies proved , as is alleadged before . Then the Question was in jure , whether the Depositation of Writs could be proven any other way , then by the Oath of the Partie in whose favours the Writs were conceived , he having the same in his hands . The Lords found , that seeing these two Writs were not produced by the Father , nor the Son , by and to whom they were mutually granted , but by a third Partie , in whose favours a Clause therein was conceived , in that case , the deposition probable by the Writer and Witnesses insert , and by the saids Testimonies found the Writs null . Robert Bones . contra Barclay of Iohnstoun . Iuly 9. 1662. RObert Bones having arrested certain Goods , and Bestial , as belonging to Iohn Wood , his Debitor , in the hands of Barclay ; pursues for making the same forthcoming . The Defender alleadged absolvitor , because the Goods Lybelled the time of the Arrestment , were the Defender proper Goods , Disponed to him , by the said Iohn Wood , for anterior Rests and Debts , and delivered also before the Arrestment . It was Replyed , The Defense ought to be repelled ; because Wood the Disponer was Rebell , and at the Horn , before the delivery of the Goods , at the Pursuers instance , and whereby the Tradition being after the Horning , the Disposition is null , as being incompleat before the Horning , and after the Horning the Rebel could do nothing to prejudge the KING , or his Donatar , or the Pursuer , for the Debt , whereupon he was denuded , which by the Act of Parliament one thousand six hundred twenty one , affects the Escheat Goods ubicunque . The Defender answered , That the Reply is not Relevant , unless it were alleadged , that the Horning had been before the Disposition ; for it is lawful for Creditors , either to Poynd , Arrest or take Dispositions of their Debitors Goods though Rebel , being for Debts anterior to the Horning , if the Disposition and Delivery be prior to Declarator , neither can the Act of Parliament , one thousand six hundred twenty one , against Dispositions , in defraud of Creditors operat here ; because the Disposition is anterior to the Horning , and for an onerous cause . The Lords found the Defense Relevant , notwithstanding the Reply . Laird of Lamertoun contra Hume of Kaimes . Iuly 10. 1662. HOom of Kaimes being Infeft upon an Appryzing of the Lands of Northfield , led against Lamertoun , pursues the Tennents for Mails and Duties , and obtains Decreet , which was Suspended , and Reduction thereof raised on this Reason , that it was spreta authoritate judicis , there being an Advocation judicially produced , before the Sheriff , before pronouncing , at least before the Extracting of this Decreet , in so far as the Suspender came to the Sheriff Court , at the ordinar time of the Court Day , at eleven hours , and produced the Advocation , but the Sheriff had fitten down that Day contrair his Custom , at ten hours , and had pronounced the Decreet before eleven hours . The Charger answered non Relevat , that the Advocation was produced before Extract , not being before Sentence pronounced , because albeit inferiour Judges are accustomed sometimes to stop their own Decreets , after they are pronounced , before Extracting , yet sententia definitiva , est ultimus actus judicis , and the Extract is but the Clerks part , so that it can be no contempt , albeit the Judge would not prohibite the Extract , and as to the● other Member , that the Sheriff sat his Court an hour before the ordinar time , non Relevat , unless he did it of purpose , to anticipat this Advocation . The Lord● found the first member , of the Reason , that the Advocation was produced before Extract , after Sentence , non Relevat ; and as to the other member , they found it relevant , as it is circumstantiat , to infer that it was done of purpose to anticipat the Advocation , without necessity to prove , otherwayes the purpose , and in that case declared , if the same were proven , they would turn the Decreet in a Libel . Iohn Ker contra Ker of Fernilee and others . Eodem die . IOhn Ker having granted a Bond , whereupon he being Charged to Enter Heir to several persons his Predecessors , and having renounced , their Lands were adjudged , John took Assignation to the Adjudication himself , and pursues the Defenders for exhibition of the Rights and Evidents of the Lands , and Delivery thereof . The Defender alleadged absolvitor : First , Because the pursuit being upon the Pursuers own Bond , now again Assigned to himself , confusione tollitur obligatio . The Lords Repelled this Defense . Secondly , absolvitor , because the Pursuer can have no Interest upon these Rights proceeding against him , as appearand Heir to these predecessors , and now assigned to him , because there were other appearand Heirs , specially condescended on , nearer of Blood. The Pursuer answered , non Relevat , to take away his Infeftment , which behoved to be Reduced . Secondly , Non competit to the Defenders , unless these nearer appearand Heirs , were compearing for their Interest . The Defender Replyed , that the Infeftments having obtained no Possession , and having proceeded only upon a Charge to Enter Heir , against the Pursuer , by Collusion : It was competent by Exception , seing there was no Service , nor Possession , nor any thing done that the nearer Heirs were oblidged to know , and it was also competent to the Defenders , not to deliver the Writs to any having no Right thereto , they being lyable to deliver them to the nearest Heir of the true owner . The Lords Repelled this Defense against the Exhibition , reserving it to the Delivery , in which they found it competent to the nearer appearing Heirs , without Reduction . Rentoun of Lamertoun contra Earl of Levin and Alexander Kennedy . July 11. 1662. JOhn Rentoun of Lamertoun , as Heir to his Father , having charged the Deceast Earl of Levin , for the Sum of due by him to umquhil Lamertoun : The Earl suspended upon Compensation , by six Bonds granted by umquhil Lamertoun , to the umquhil Countess of Levin , four of them to her self ; and after her Decease to her Daughters , and two of them blank , in the Creditors name , which being done stante Matrimonio , by this Lady , did belong to her Husband jure mariti , and not to her or his Daughters . These Bonds were produced out of the hands of Alexander Kennedy , sometime Master Porter of the Castle of Edinburgh , who declared that he had the foresaid six Bonds in Trust from the umquhil Countess , and the Laird of Lamertoun , in Anno 1649. Levin being then Captain of the Castle of Edinburgh , Lambertoun Constable , and the said Alexander , Porter , and produced a Paper of Trust , subscribed by Lambertoun and my Lady , bearing , that the Bonds were put in Alexander 's hands , as a faithful Person , whom both Trusted , to be keeped till after the Ladyes Death , and then delivered , according to her direction : against which Writes , Lambertoun raised Improbation , and Alexander Kennedy abode by the same , and the Earl of Levin declared , he made use of them upon the ground foresaid , in his Improbation ; The six Bonds being written by Alexander Kennedy and Iames Rule who is dead , and the Witnesses being George Watson , Spittel and Young , and in some of them Alexander himself , all being dead but Alexander the Producer ; the direct manner of Improbation thereof ceassed ; and therefore they proceed to the indirect manner , and give in many Articles of Improbation , and the Earles Articles of Probation . The Relevancy of which being Dispute , to quadruplyes in Write , and all Persons that either Parties desired , being examined hinc inde , and their Testimonies published to either Party , and they having thereupon Dispute , both as to the Relevancy and Probation , in Write , and being heard at last viva voce . The Lords proceeded to Advise the Cause . The weight of the whole matter lay in these Particulars mainly ; First , For astriction of the Writs ; the said Paper of Trust holding in it , two living Witnesses and one dead , being true , the Bonds related therein could not be false . This Paper could not be Improven indirectly , because the direct manner was competent by two living Witnesses , whereof the one Deponed , that the Subscription was like his Subscription , as he Subscribed at that time , being young , and the third Witness being dead , proves . It was answered , that the Witnesses insert , proved not ; because comparatione literarum , Crawford the Defunct's Subscription , was altogether unlike his true Subscription produced ; Learmont sayes his Subscription was only like his : and though Kill sayes it was his Subscription , yet none of them Depones to have seen it Subscribed by any Body , or by any Witness , nor to know any thing of the time , place , or truth of the matter contained in the Writs , being but an Evidence to keep the Witnesses in remembrance , either of the Matter or of the Subscription , of the Principal or themselves , albeit they need not be proven here as in England , by the Witnesses insert : Yet in the case of Improbation , if the Witnesses prove nothing of the Fact or Subscription , as remembring that they or the Party Subscribed , but only Deponing that it is their Subscription , which can import no more of certain knowledge , then that it is like their Subscription , seeing none can swear that it may not be feigned so like that they cannot know it : and albeit that would be sufficient , where nothing is in the contrair ; Yet where there is strong presumption in the contrair , as the Writ not being in the Parties hands , but in the hand of a third Party , malae famae , and who hath at least betrayed his Trust , never having made these Bonds known , till six or seven years after the Countess of Levins Death ; and then offering to sell some of them to others , and with all the Paper of Trust , the Body thereof being written with one hand , and the filling up of the Witnesses with another , which no body hath , or can condescend upon , nor are Designed therein ; so the same being null by Act of Parliament , cannot sufficiently astruct the truth of the other Bonds , being in themselves suspect . The Lords found the Paper of Trust not sufficiently to astruct , nor the Testimonies not to prove it sufficient , in respect of the grounds foresaid being instructed , and the many presumptions against these Writs . Therefore they improved the said pretended Paper of Trust. There was further produced for astructing the Bonds , two Holographs alleadged , Written and Subscribed by Lamertouns owns hand , relative to the Bonds and Trust ; and for proving these were Holograph , they produced a Holograph Accompt Book of Lambertouns , and six Witnesses , of whom three or four were without exception , and the whole Deponed that they truly believed that the Holographs were Lamertouns hand , and Lambertoun and the Lady Levins Subscriptions . The question then was , whether these Papers were so proven to be Holograph , that they did sufficiently astrict the Bonds , notwithstanding all the grounds instructed against them . The Lords found Negative , upon this consideration , that when the Probation of Holograph is by Witness , who saw the Holograph Writ , Written and Subscribed , albeit they be not instruct , it is a full probation , admitting no contrary probation , but when it is only comparatione literarum ; or by Witnesses , Deponing that they believe , or that positively it is the hand writ of the Party , that can import no more , but that it is so like , that it is undecernable for no man who saw it not written , can positively swear with knowledge , that it is impossible to fenzie the hand so like , that it is undecernable , and therefore holograph so proven , admits a stronger contrary Probation ; and therefore the Lords found that the Evidents against the Bonds were stronger nor this Probation of holograph . There was also produced three Contracts betwixt umquhil Lambertoun and Kennedy at Striveling , upon the ninth of August 1651. by the last of them , Kennedy was oblieged to deliver Lambertoun the Bonds for such several Sums , he obtaining the Lady Levins consent , of all these the Writer and Witnesses were dead , and the Date proven to be false . In this Process the Lords having considered all the indirect Articles of the Improbation , in respect that these Writs in question were never in the alleadged Creditors hands ; and that there was not one Witness that did Depone , that either they remembred to have Subscribed any of these Writs themselves , or that they saw either the Parties , or any other of the Witnesses Subscribe , or any thing communed , done or acknowledged by either Party , contained in the Writs , and that the Subscription of Watson , one of the Witnesses in all the Bonds , was by comparison with other contraverse Writs , about the same time , altogether unlike his Subscription , and that the Word Witnesses adjoyned to the Subscription , of all the VVitnesses , did appear to be so like , as written with one hand . They found sufficient ground to Improve the foresaids writs , besides many pregnant presumptions from Kennedies inclination and carriage ; which being extrinsick were accounted of less value , and yet the astructions aforesaid , and presumptions on that part were so strong , that several of the Lords were unclear simply , to find the Bonds false , but not authentick probative writs . VVilliam VVachope contra Laird of Niddrie . Iuly 15. 1662. THe said VVilliam VVachope pursues Niddrie his Brother , to pay him eleven pound Sterling for many years , which he promised to pay him by a missive Letter produced , bearing , a Postscript of that nature . The Defender alleadged absolvitor ; First , because the Postscript is not Subscribed , and so no sufficient Instrument to prove . Secondly , there is no ground for eleven pound Sterling yearly therein , because the words are , I have sent you five pound ten shillings Sterling now , and I have sent you five pound ten shillings Sterling at VVhitsonday , and you shall have as much as long as you live , if you carry your self as ye do now ; which words , as long as ye live , cannot be understood Termly but yearly , nor can relate to both the five pound ten shillings Sterling , but only the last , to which is adjected Donations , being of strick Interpretations . Thirdly , The words foresaid cannot import a Promise , but only a Declaration of the Defenders resolution to continue the same free kindness to his Brother ; which resolution he may recal at any time . Fourthly , The Promise is conditional , quamdiu se bene gesserit ; wherefore the Defender can be the only Interpreter ; and declares , that since his Brother hath not carried himself so well , the meaning of such words being only this , If so long as in my opinion you carry your self so , and not according to the opinion of any other . The Pursuer to the first Defense opponed the Letter which is holograph , and albeit the Postscript be after the Subscription , yet seeing it can have no other construction , then to be done as a part of the Letter , and not as other unsubscribed Papers , whereanent it is presumed , the VVriter changed his mind and left them imperfect , and unsubscribed , which cannot be here , seeing the Letter was sent . To the second , he opponed the terms of the Letter● To the third , alleadged omne verbum de ore fideli cadit in debitum ; and by these words , can be understood nothing else , but a Promise , which is ordinarly made in such terms . The Lords found not the first Defense Relevant per se , but found the remnant Defenses Relevant , and assoilzied . VVilliam Swintoun contra Iuly 18. 1662. THe said VVilliam Swintoun having used Inhibition against at the Cross where he lived , she falls Heir thereafter to another Person , and immediatly Dispones that Persons Lands , whereupon William raised Reduction of that Right , ex capite inhibitionis . The Defender alleadged absolvitor , because the Lands D●poned , ly not within the Shire where the Inhibition was used : Therefore replyed , the Land fell to the Inhibit Person after the Inhibition ; and the Pursuer did all he was oblieged to do , or could do till that time : which if it was not sufficient , Creditors will be at a great loss , as to Lands acquired or succeeded in alter Inhibitions . The Lords found the Defense Relevant , that the Inhibition could not extend to Lands in other Shires , b●falling to the Inhibit after quocunque titulo ; but that the Pursuer ought to have Inhibit de novo , or published and Registrat in that Shire , seeing all Parties count themselves secure , if no Inhibitions be Registrat in the Shire where the Lands ly , without inquiring further . Lord Frazer contra Laird of Phillorth . Eodem die . THe Lord Frazer pursues Declarator of Property of the Barony of Cairnbuilg against the Laird of Phillorth , as being Infeft as Heir to his Father , who was Infeft as heir to his Grand-father , who was Infeft upon the Resignation of Frazer of Doors ; and also upon the Resignation of the Laird of Pitsligo , who was Infeft upon an Appryzing led against Doors ; and also as being Infeft upon an Appryzing , at the instance of one Henderson , led against Doors , and declared that he insisted primo loco , upon the two first Rights , flowing from Doors and Pitsligo . The Defender alleadged Absolvitor , because the Defender in an Improbation against the Pursuer and his Father , obtained Certification against Doors Seasine ; so that it being now improven , all the Rights Libelled on , falls in consequentiam , because Doors is the common Author to them all : and if he had no real Right , all their Rights are a non habente potestatem ; so that now the Pursuer has no more in his Person , but a Disposition made by Phillorth's Grand-father to Doors , and a Charter following thereupon , and is in the same case , as if Doors upon that ground were craving declarator of Property , which he could not do , nor would the Lords sustain it , albeit there were no Defender ; because that can be no Right of Property , where there is no Seasine . The Pursuer answered : 1. That the Defense is no ways Relevant , nor is the Pursuer in the case of a Declarator , upon a Disposition or Charter without a Seasine , because he produces a progress of Infeftments , and is not oblieged hoc ordine , to Dispute Doors his Authors Rights , as being a non habente potestatem , which is only competent by way of Reduction ; some representing Doors , his Author being called . 2ly . The Defense is no way competent to this Defender , unless he alleadge upon a better Right then the Pursuers ; for the Pursuer hath done all that is requisit to instruct his Declarator , by production of his Infeftments , and his authors Rights are presumed , and need not be instructed ; and albeit the Defender be called , yet he cannot quarrel the Pursuers Authors Right , or hinder his Declarator , unless he alleadge upon a more valide Right in his own Person . 3ly . The Defense ought to be Repelled , as proponed by this Defender ; because he represents Frazer of Phillorth his Grand-father , who Disponed the Lands in question to Doors , and was oblieged to infeft him , and did de facto resign in the Kings hands , in his favour , and so personally objection , umquhil Phillorth , Doors Author would be for ever excluded from objecting against Doors Right , which flowed from him ; so neither can the Defender who represents him object against the Pursuer , who is Successor in Door 's Rights . The Defender answered , that being called , albeit he had no Right in his Person , he might propone a Defense upon a Nullity in the Pursuers Right , viz. that it is a non habente potesta●m● which is very competent here by exception . This Decla●ator ●eing judicium petitorium , wherein he may well repeat this Defense , without necessi●y to call Doors , because Doors being called in the Improbation , all Infeftments in his Person are Improven for not production : and so the Reason is instantly verified ; and albeit he were Successor to his Grand-father ; ( which he denys ) yet he may well alleadge that any Right flowing from his Grand-Father is personal and incompleat , and can be no ground of Declarator of Property . The Lords repelled the Defenses , and found it not competent to the Defender to quarrel the Pursuers Authors Right , unless he had a better Right . Skeen contra Lumsdean . Iuly 19. 1662. SKeen having Charged Alexander Lumsdean , upon a Bond granted by Mr. Thomas Lumsdean as principal , and the said Alexander as Cautioner , he Suspends on this Reason , that the cause of the Bond , was Bills of Exchange , drawn by Verhage upon Kezar in Camphire , to be payed to Skeen , or his Order ; which Bills Skeen ordered to be payed to Mr. Thomas Lumsdean's Wife ; and Mr. Thomas granted the Bond charged on for the saids Bills ; which Bills were protested upon Kezar's not paying of the Bills , as the Protest bears : To which protested Bills Mr. Thomas Lumsdean assigned the Suspender , and whereupon he now alleadges that he must have allowance of the Bills protested , being the cause of the Bond , and therefore Skeen himself is lyable for the Bills which must compence the Charger . The Pursuer answered , that the Reason ought to be repelled , because he offered him to prove , that albeit the bills were protested , for not payment , by Kezar , on whom they were drawn ; yet Mr. Thomas Lumsdean having gone back to Verhage who drew them , Verhage payed Mr. Thomas , and that before the Intimation of the Suspenders Assignation . 2ly . That Mr. Thomas Lumsdean being Factor in Camphire , in his Factor Book , upon the 109. page thereof , there are four posts of Payment payed by the said Verhage to Mr. Thomas Lumsdean , at diverse times , conform to the Magistrates of Camphire their report , upon the Lords Commission , bearing that the said Factors Compt Book is Authentick and unvitiat ; and that Verhage who drew the Bills , and Kezar upon whom they were drawn , had both sworn before them , that Verhage had payed the same to Lumsdean , so the question was upon the manner of probation ; whereanent the Suspender alleadged , 1. That Compt Books not being subscribed , were not probative Writs , even against the Merchant himself . 2ly . That at least they cannot prove against the Suspender his Assigney . 3ly . That they could be no better then Holograph Discharges by the Cedent , which cannot instruct their own Date against the Assigney , and so cannot prove the same to have been before the Intimation , as for the Testimonies of Verhage and Kezar , their Testimonies cannot take away Writs and yet are suspected being both Debitors for the Bills , and that it was not instructed who write the Book , whether Lumsdean himself , or his ordinar Book Keeper . The Lords found the Probation sufficient against the Assigney ; the Charger also proving that the Books were written by Lumsdean himself , or by his ●rdinar Book-keeper , and thought that the Book proved against this Assigney , being Mr. Thomas own Brother , and no suspition he would wrong him ; and there being four several Posts of payment , in several Months , besides the Depositions of the foresaids persons . Fiddes contra Iack : Iuly 19 : 1662. FIddes pursues Iack for payment of a Bond of 500. merks , which Iack acknowledged to have received in custody form Fiddes , to be keeped as his own ; Iack alleadged that he had but the custody , and did conform to his Obligation , he sent the Money to Dundee , in Anno 1650. where he lost both it and much more of his own , at the plunder of Dundee . The Pursuer answered , no way granting that his Money was lost at Dundee , yet it ought not to liberat the Defender ; because he oft-times required and desired the Defender to pay him his Money before the plundring of Dundee , and seing he did not then give it , it was lost upon the Defenders hazard . The Defender answered , that any requisition was made , was but verbal without Instrument , and that it was made to the Defender , being in Edinburgh after this Money : and the Defenders whole means was sent to Dundee for safety , and that at the time of any such desire , he shew the Pursuer so , and bid him send for it to Dundee , when he pleased he should have it . The Lords before answer , having ordained Witnesses to be examined , hinc inde , and having advised the same , found , that the Pursuer did desire his Money , and at that same time the Defender told him it was at Dundee , and said he might have it when the pleased to send for it ; and Witnesses also proved that he was at Dundee , and was in esteem as a man of good means then , and that he was there a●the plunder of Dundee , and ever since was in a poor miserable condition ; and some of them deponed that he had a considerable sum of Money , far above this in question there . The Question was , whether this probation was sufficient to assoilzie , albeit none of the Witnesses did particularly Depone , that they knew the Pursuers Money to have been at Dundee , and lost there . T●e Lords found that the probation was sufficient , the Pursuer giving his oath in Supplement , that it was there , and lost there ; for they considered , that at the time of the Pursuers Requisition , the Witnesses proved , the Defender declared it was there ; and that ex natura rei , it was hard to prove particularly , this Mony being a Fungible , to have been lost there , but that it behoved to be presumed so , seing the man lost his whole means there , and hath been poor ever since . Montgomery of contra Eodem die . MR. William Wallace having obtained a Disposition of the Lands of Hagburn from Thomas Hunter , he gave a Back-bond oblieging him to sell the same at the best avail , and as a part of the price to pay a Bond of Provision to Thoma's Sisters and Brother , granted by their Father , and having retained his own Sums , and such as he was Cautioner for , was oblieged to count for the rest ; and being first pursued before the Englishes , and now before the Lords , he was decerned to take the Lands at sixteen years purchase , and a half , and to count accordingly , It was alleadged ; he could not have allowance of the sums payed to the Brother and Sister , because these could not exclude lawful Creditors . It was answered for Mr. William , he had payed bona fide a part , and had given Bond for the rest , and could not now be called in question . It was answered , he was in mala fide , because the payment was made after intenting of the Reduction against his Right , at the pursuers Authors Instance . Mr. William answered non Relevat , unless there had been a Reason Libelled in that Reduction against these Bonds . The Pursuer answered it was sufficient , that Reduction was used against the whole Right , to which any Reason might be added . The Lords found this alleadgence not Relevent to put Mr. William in mala fide , unless there had been a special Reason of Reduction filled up , and shown to Mr. William against these Bonds particularly . Margaret Anderson and Iohn Elphingstoun contra Mary Wachop . Iuly 22. 1662. MArgaret Anderson and Iohn Elphingstoun , as heir to Anderson , who were the two Daughters of umquhil Mr. David Anderson of Hills , pursues Mary Wachop his Relict and Executrix , to fulfil an Article of his Contract of Marriage , bearing , That if there were no Heirs-male of the Marriage , he band and oblieged him and his Heirs-male and Successors whatsomever , to pay to the Daughters of the Marriage 3000. merks , and craved that the Executrix as representing their Father , might pay the same . The Defender alleadged Absolvitor , because it is clear by the Clausses of the Contract , that the Father did not bind himself simply , or himself and his Heirs , but that he bound only himself and his Heirs-male , which is the more clear that the Narrative of that Clause bears , because his Estate is provided to his Heirs-male . The Pursuer answered , he opponed the Clause , by which he did not only obliege his Heirs-male , but himself and his Heirs-male ; and so in oblieging himself , he hath oblieged all that Represent him , and he might have been pursued in his own lifetime , if his Daughters had come to the age appointed by the provision . 2ly . He has not only oblieged himself and his Heirs-male , but his Successors whatsomever , and therefore his Executors . The Lords found that by the Tenor of the Clause , and Narrative thereof , the Defuncts meaning was chiefly to obliege his Heir-male , and albeit Successors whatsomever was added ; yet by the Narrative and the order of the Words , they found the Heir-male was first burdened , and behoved first to be discussed . Therefore ordained the Defender to condescend what the Heir-male had to succeed to , and if he was not Entered Heir-male , and had nothing to succeed to as Heir-male , they thought the Defender would be lyable . William Montgomery contra Theoder Montgomery . Eodem die . WIlliam Montgomery as Donator to the Escheat of Theoder Montgomery● pursues a general and special Declarator in on Libel ; and insists , first , in the general . The Defender alleadges Absolvitor , because the Horning is null , the Denunciation being at the Cross of Edinburgh where the Defender had not his Domicile . The Pursuer opponed the Horning standing , bearing , the Defender to dwell in Edinburgh , and the Horning could not be taken away by Exception , alibi , not instantly veryfied . The Lords Repelled the Defense but prejudice of Reduction thereupon . Secondly , Absolvitor from the Rents and Duties of the Lands of Whyteslaid in time coming , because these fell not under single Escheat . It was Replyed , the Defense ought to be Repelled , because the jus mariti , falls under single Escheat of the Husband , and carrys with it per consequence the Liferent of the Wife . The Lords was clear that the Repl● was Relevant ; but the Defense not being competent , in the general Declarator , which was first insisted in , they give no Interlocutor on the Reply . Lord Frazer contra Phillorth . Iuly 23. 1662. IN the Declarator of Property of the Barony of Cairnbulg , at the Instance of the Lord Frazer , against the Laird of Phillorth . It was alleadged for the Defender Absolvitor , because the Pursuers Father and Grand fathers Infeftment is upon the Resignation of Frazer of Doors , Ita est , Frazer of Doors had no real Right in his Person , never having been Seased , at least there is Certification granted against Doors Seasin , in the Improbation at the I●stance of the Defender , against the Pursuer and his Father ; so that Doors having no reall Right , his Disposition , Instrument of Resignation , and C●arter granted by the King , flowing upon the Resignation of the Laird of Phillorth and the Lord Lovit , who had Right to Pttsligo's Appryzing , of the hail Estate of Phillorth , can give no Right to declare the Property , especially against the Defenders , who hath a real Right by Infeftment , flowing from Phillorth his Goodsyre , by Resignation , and flowing from the Lord Lovit , which albeit posterior , yet having the first Infeftment , is the first and only Right . The Pursuer answered , the Defense ought to be Repelled , because any Right the Defender hath , is from his own Grand-Father , to whom he was alioqui successurus ; and thereby the Defender is Successor titulo lucrativo , to his Grand-father , the common Author , after the Disposition granted to Doors , and as umquhil Phillorth Doors Author , personali objectione would be excluded from opposing Doors Right of Property ; which Right he had Disponed to Doors● and was oblieged to warrand ; no more can the Defender , ( who by this same Right he Defends , being successor Lucrative to his Grand-Father ) be heard to exclude the Pursuer , who is Successor to Doors . 2ly . Albeit there be no Seasine , yet umquhil Phillorth and Lovit were fully denuded in favours of Doors , by the Resignation made in the Kings hands , and Charter conform , after which any Right granted by them to this Defender , is a non ha●ente potestatem . 3ly . Any Right the Defender hath flowing from the Lord Lovit cannot defend him , because it was but an Appryzing against Phillorth the common Author : and it is offered to be proven that the Appryzing was satisfied within the Legal , in so far as the Lands of Innernorth were Disponed by Phillorth and Lovit joyntly , to Frazer of Doors for 20000. merks , and the Lands of Innerallothy were Disponed by them to Lovits own Sons , irredeemable the price of which Lands being 54000. merks , was the sum appointed for satisfaction of the Appryzing betwixt the saids Parties , and so as to the Lands of Cairnbulg , and remnant Lands appryzed , the appryzing is extinct . The Defender answered to the first , that he is not Successor titulo lucrativo to his Goodsyre , because the time of the Disposition by his Goodsyre to him , and also the time of his Goodsyres death , his Father was alive , and served Heir to his Goodsyre . 2ly . There was no Right in his Goodsyre when he Disponed ; but all the Right was in the Lord Lovit by Pits●igoes Appryzing ; neither was Lovit denuded by the Resignation or Charter without Seasine , so but that the second Resignation with the first Infeftment is preferable . 3ly . Satisfaction of the Appryzing as it is alleadged , is not Relevant , unless it be by Intromission with the Mails and Duties of the Lands Appryzed , conform to the Act of Parliament 1621. but no other payment or satisfaction by the Debitor is sufficient to take away an Infeftment , contra singularem successurum . The Lords Repelled the Defense , founded upon Lovits Appryzing , in respect of the Reply of satisfaction thereof , and found no necessity to alleadge , that the Person having Right to the Appryzing , was otherways denuded , the by acknowledgement of payment or satisfaction , and that there needed no form●● grant ●f Redemption or Renunciation , Registrat conform to the Act of Parliam●n anent the Registration of Seasings , Reversions , &c. w●ich the Lords found only to extend to Wodsets , properly so called , and not to Appry●zings ; neither yet to an Infeftment for Relief , whereunto the Rents were not to be only for the Annualrent of the sum , but to satisfie the Principal , and therefore seing the Lords found that the only Right was in the Defenders Grand-father , and that he Disponed to the Defender , that he could be in no better case then his Grand-father , as to the Disposition granted by his Grand-father without a Cause Onerous , being after the Disposition of the same Lands , by that same Grand-father to the Pursuers Author , but found it not necessar to determine the Case of lucrative Successor , as it was here stated to make the Successor lyable to all his Predecessors Debts : Iames Birsbine contra Iohn Monteith . Iuly 24. 1662. JAmes Birsbine pursues Iohn Monteith , as Cautioner for Iohn Birsbine , who was Executor to the Pursuers Father , for payment of the Pursuers Legacy . The Defender alleadged no Processe , because the Executor himself is not Discussed , and the Cautioner is only lyable subsidiary : The Pursuer Replyed , there is a Decreet obtained against the Executor produced , and there was no further Discussing requisite , because he is broken , and the Pursuer is content to assign the Debt to the Cautioner . The Defender answered non Relevat , for a Decreet is no sufficient Discussing , but there must be Registrat Horning at least , albeit the Executor had neither Lands nor Moveables to Poind or Apprise . The Lords sustained the Defense , and found the Reply not Relevant , till the Registrate Horning were produced . Alexander Shed contra Robert Gordon and David Kill . Eodem die . ALexander Shed pursues Robert Gordon Pupil , as lawfully Charged to enter Heir to his Father , to pay a Debt of his Fathers , compears David Kill the Pupils Uncle , who was Tutor nominat to him , but refused to accept , and therefore shunned to propone any Defense in the Pupils own name● least it should be an acceptance , or gestio ; and therefore produced a Bond of the Defuncts , and as Creditor alleadged that he would not suffer his Debitors Estate to be affected in his prejudice , and offered him to prove , that the Debt pursued on was satisfied . The Question was , whether he had Interest as Creditor to propone this Defense . The Lords having considered the Case amongst themselves , found that where Creditors in this manner compeared , it is not cnmpetent to allow their Defense , because it may delay the other Creditors pursuing , so that a third Creditor may be preferred in Diligence ; and therefore they Repelled the Defense hoc loco , but declared that it should be receivable against the Pursuer , whenever he should pursue for affecting any of the Defuncts Means or Estate , in the same case as now . Mr. Patrick Weyms contra Mr. Iames Cunninghame . Eodem die . MR. Patrick Weyms having an Order of Parliament for a Terms vacant Stipend of the Paroch of Leswade , Mr. Iames Cunninghame alleadged that Terms Stipend was not vacand , but belonged to him as incumbent , viz. Whitsonday 1659. because he was admitted before Michalmess 1659 , and shortly after Whitsonday ; and so the legal Terms of Stipends not being divisable at two Terms , but at Michalmess joyntly , he being incumbent before Michalmess , hath the whole year . The Lords Repelled this alleadgence , but preferred Weyms , and found that Ministers had Right to their Stipend Termly , and if he entered before Whitsonday , he had Right to the whole year , and if after VVhitsonday , and before Michalmess , but to the half : Barbara Naesmith . contra Iohn Iaffray . Iuly 25. 1662. BArbara Naesmith pursues Iohn Iaffray her Son , as Heir and Executor to his Father , for payment to her of her umquhil Husbands hail Means and Eschaeat , by vertue of a Missive Letter , written by the Defunct her Sponse , bearing , that if he happen to die before his return , that his VVife should do with what he had as she pleased , that he thought it too little for her ; but he desired her to Discharge a 1000. Pounds or a 1000. Merks to his Brother Alexander , and 500. Merks to his Sister Magdalen , if she follow her advice . The Lords having formerly found , that this Letter was donatio mortis causa , or a Legacy , and so could only affect Deads part . It was now further alleadged , that by the pursuers Contract of Marriage , he was oblieged to imploy 6000. merks on Land , or Annualrent to him and her , and the longest liver of them two , and to the Bairns to be gotten betwixt them , which failzing his Heirs . This Obliegement to imploy being a Debt , the Moveables must be lyable for it primo loco , and the Pursuer can only have Deads part of the remainder of free Goods . The Pursuer answered , that this Destination being on Heretable Clauses , cannot affect the Moveables , 2ly . The Bairns cannot have Right thereto till they be Heirs , and so they will be both Debitors and Creditors , and the Obligation will be taken away by Confusion . The Lords found this Defense Relevant notwithstanding of the Answer ; and that albeit the Clause was Heretable , quoad creditorem , yet it was Moveable quoad debitorem , and so behoved to be performed out of the Defuncts Moveables , and that the entring thereto , would not take away the Obliegement by Confusion● more then one paying a moveable Debt , wherein he is both Debitor and Creditor ; yet he will have action of Relief against the Executors out of the Moveables . It was further alleadged , that in the said Missive there are two particular Legacies left to the Defuncts Brother and Sisters , which must abate the general Legacy . The Pursuer answered , that both Legacies were only left thus , I wish , &c. which cannot be obligator , nor constitute an effectual Legacy ; but is only a desire or recommendation left in the Pursuers option : and for Magdalens Legacy , it was conditional , the following the Pursuers advice , which she did not , but left her contrair her will. The Defenders answered , that verba optativa were sufficient in Legacies , at least were sufficient to make a fidi commissari Legacy ; because all fidi commissis , either for restoring the Inheritance , or for restoring Legacies , in the Civil Law were in such Terms ; and albeit such words would not be sufficient , intor vivos , yet favore ultimo voluntatis , where the Defuncts will , howsoever manifested , is the Rule , and so is most extended , such words are sufficient , as to the condition in Magdalens Legacy , it cannot be understood of being under the Pursuers command all her life , and so can only be meaned , if Magdalen miscarry contrair to the Pursuers advice , in some considerable matter of her carriage ; and however , it is not a suspensitive condition , hindring the payment of the Legacy , but oblieging the Legatar thereafter . The Lords found the Legacies constitute , and in terms for said valid ; and as for Magdalens Legacy , declared , that in case Magdalen miscarried , and took not the Pursuers Advice , that she should be lyable to refound the Legacy to the Pursuer , but would not put her to find Caution for that effect , the condition being so general . Katharin Kinross contra the Laird of Hunthill . THe Laird of Hunthill being oblieged by Bond to pay a sum to umquhil Mr. Beverly , and the said Katharin his Spouse the longest liver of them two in Conjunct-fee , and the Heirs betwixt them , which failzing his Heirs , or any person he should design , whereupon they were infeft in an Annualrent . The said Katharin having charged for payment of the sum , Hunthill suspended alleadging that she was but Liferenter , and he could never be in tuto till the Feear were called . The Lords formerly found the Letters orderly proceeded for the Annualrent , but superceeded to give answer for the Stock , till some to represent Beverly , the Feear were called , who now being called and not compearing , he Debitor alleadged he could not be lyable to give up the Stock to the Charger , being only Liferenter , neither would her Discharge , or Renunciation of the Wodset liberat him and his Estate , but only a Renunciation of the Heir ; neither did the Charge at the Liferenters Instance , take away the Annualrent , and make the principal sum moveable , unless it had been at the Feears Instance . The Charger answered , that she being Conjunct-feear , was not a naked Liferenter , albeit it resolved in a Liferent ; and therefore she craved that it should be declared by the Lords , that she had power to uplift the Stock , and to reimploy it as formerly , and that her Discharge and Renunciation should be declared to be sufficient to liberat the Debitor and his Lands , which being so found by the Lords . The Debitor's appearing Heir being called , would be an irreduceable and sufficient ground of Liberation . The Lords declared as aforesaid , but before Extract , ordained the Conjunct-feear to give Bond for Reimployment of the sum to her self in Liferent , and to Beverly's Heirs in Fee ; which Bond they ornained to be presently Registrat , and kept by the Clerk , in respect none appeared for the Heir . Lady Milntoun contra Laird of Milntoun . Iuly 26. 1662. LAdy Milntoun pursues probation of the Tenor of a Bond of Interdiction , granted by her Husband young Calderwood , Interdicting himself to her . It was alleadged no Process , because there was no sufficient Adminicles in Writ produced , there being no Writ relative to the Interdiction Subscribed by the Party , but only the Extract of Letters of Inhibition . The Lords sustained this as a sufficient Adminicle , in respect the question was not about a Writ that use to be retired , such as Bonds . In this Case also , the Lords examined some Witnesses , ex officio , before Litiscontestation , being old and valitudinary . Margaret Robertson contra William Mcintosh . Eodem die . MArgaret Robertson pursues an Ejection against William Mcintosh , who alleadged absolvitor , because he offered him to prove , that he had warned the Defenders umquhile Husband , and that he dying shortly thereafter , he inquired of his Wife , if she would continue in the Possession , and she declared she would not , but willingly removed . It was Replyed , Relevat scripto vel juramento ; but witnesses cannot be received to prove willingness of Removing , being mentis . The Lords considering that the Defender alleadged no Tack nor Title in Writ , but meer Possession were inclinable to sustain the Defense probable pro ut de jure ; but withall considering the Parties were Highlanders , and had great advantage , whoever had the benefite of probation ; therefore they ordained the Pursuer to condescend what Deeds of violence was done in ejecting her ; and both parties to conscend what persons were present at the Pursuers outgoing , and the Defenders incoming , being resolved to examine all these before answer , so that there might be no advantage in probation to either party . Sir John Aiton contra Adam Wat. Eodem die . ADam Wat being first Infeft in an Annualrent out of Whitlands Estate , Compryzed for some of the bygone Annualrents . Sir Iohn Aiton being infeft after him in an Annualrent of the same Lands , alleadges that Adam hinders him to uplift the Duties , or poynd the Ground for his Annualrent , and yet lets them ly in the common Debtor , or Tennents hands until his Appryzing expire , and therefore alleadges that Adam Wat ought either to Intromit , and do exact Diligence , and impute the same in his Compryzing , or suffer Sir Iohn to do Diligence , or at least , that both may do Diligence effeiring to their Sums . The Lords found that Adam Wat ought to be lyable for Diligence in time coming , in uplifting the Rents to satisfie his Appryzing ; and as to the Annualrent , found , that after 40 days after each Term , in which Adam , as the first Annualrenter , might poynd the Ground ; it should be leisom for Sir Iohn , as the second Annualrenter , to poynd the same , without respect to Adam Wats prior Infeftment , if he did not Diligence thereon , within 40 days after ilk Term. Alexander Hamiltoun contra Thomas Harper . Iuly 29. 1662. ALexander Hamiltoun pursues a Removing against Thomas Harper , who alleadged Absolvitor , because the Pursuer invaded and beat the Defender , in the Session-house , during the Dependence of this Cause ; and therefore by the Act of Parliament 1584. cap. 219. renewed , 1592. cap. 173. The Pursuer cadit causa , and the Defender must be Assoilzied . The Lords having considered the saids Acts of Parliament , and finding thereby that the Invasion must be Cognosced in a Criminal Process , competent to the Justice , and must be found summarly by an Inquest . The Question was , whether beating without effusion of Blood , was such a Criminal Fact ? because it seems to be but a Ryot : and next whether the Lords would take probation of it themselves , or if it behoved to be Recognosced by the Justices . The Lords found the Defense Relevant , For the Act of Parliament anent violence in the Kings presence , or in the Session House , when the Session is sitting , make such deads to incur death : and therefore whether they would assign a Term to the Defender to prove , that in the mean time he might proceed Criminally , before the Iustice , and instruct the Defense by the Sentence of the Iustice , or whether they would receive the Probation themselves , they resolved to hear the P●rties upon it . Laird Balnagoun contra Iuly 30. 1662. THe Laird of Balnaggoun having obtained a Gift of ultmus haeres , of Thomas from the Exchequer , in Anno 1661. and being thereupon Infeft , pursues Removing against Rorie The Defender alleadged absolvitor , because the Defender stands Infeft , and by vertue of his Infeftment in Possession 7. years before the warning , by vertue of a Gift of ultimus haeres , granted by the English Exchequer . The Pursuer answered , ought to be Repelled , because the foresaid Gift is null , ipso jure , in so far as it is not confirmed by the late Act of Parliament , anent judicial proceedings in the Usurpers time , wherein Gifts of Bastardy and ultimus haeres were excepted . The Defendet answered , 1. That his Infeftment being cled with 7. years Possession , cannot be taken away by exception , neither is he oblieged in hoc judicio possessorio , to Dispute the validity thereof . 2ly . The said Act of Parliament doth not declare it null , much less null by Exception , such Gifts but doth only not confirm them . The Lords Repelled this Defense , and found the Infeftment null in it self , seing it was not confirmed . The Defender further alleadged absolvitor from this warning , because the Pursuers Gift is not yet decalred . It was answered for the Pursuer , no necessity of Declarator , because it cannot be ever made appear that any such thing was required , or was in Custom and Use , more then in the case of a Gift of Ward , or a Gift of Forefaultry . The Lords found that this Gift behoved to be declared in the same way as a gift of Bastardry . William Zeoman contra Mr Patrick Oliphant . WIlliam Zeoman as having Right by an Appryzing to the Lands of Newton , pursues Mr. Patrick Oliphant , to hear and see it found and declared this his Appryzing was satisfied , by Intromission with the Mails and Duties within the Legal . The Defender alleadged , Appryzing cannot be satisfied by his Intromission , because any Intromission he had was by vertue of other Rights , viz. Mr. Iames Oliphant the common Author , having killed his own Mother , and thereupon he being declared Fugitive , not only upon the Paricide , but upon a Criminal Dittie against● him , upon committing Murder under Trust , which is Treason . The Defender obtained Gift of his Forefaultry , and thereupon stands Infeft and in Possession . The Pursuer answered , non Relevat , 〈◊〉 Because the Act of Parliament against Paricide , doth not declare it to infer Forefaultry , but only that the committer thereof should be excluded from Succession : and as to the committing of Slaughter under Trust , the Act of Parliament expresseth what it meaned by Trust , viz. though getting assurance from persons that had been formerly in variance . 2ly . vvhat ever the cause were , yet the Infeftment upon the gift of Forefaultry , cannot be respected● unless there had been a Doom of Forefaultry pronunced for all , that the Justice General does , is to charge the party accused to find Caution to underly the Law , and if he appear not he is Denunced Rebel , and his Escheat only falls , or if having found Caution , he appear not in causa , he is Denunced Fugitive , which hath the same effect , but none of them can inter Forfaulture , unless Doom of Forfaulture had been pronounced , which the Justice doth not , but when the Defender compears ; albeit the Parliament Forefaults persons absent , having taken probation of the Libel contra absentes , and unless the Justice had either cited the party with Letters of Treason , under certification of Treason , and that certification had been granted , or had cognosced the Crime . The Defender being present , the Gift of Forfaulture can work nothing . The Lords found the Reply Relevant , unless the Defender would alleadge as aforesaid , because the Defender was not clear in the matter of Fact , they before answer , Ordained him to produce the Gift and Warrands . Creditors of Andrew Bryson contra his Son. November 14. 1662. IN an Accompt and Reckoning betwixt the Creditors and Bairns of umquhil Andrew Bryson , the Auditor being warranted to call all Parties , havers of the said umquhil Andrew his Compt Books before him , his Son Mr. Andrew being Called and Examined upon Oath , Depones that he neither has them , nor had them since the intenting of the Cause , but refused to Depone upon his having of the same at any time before , or upon his knowledge who had them . The Lords having heard the Auditors Report thereanent , found that he ought not to be examined upon his knowledge , who had them , but that he ought to Depone●f at any time before the Citation he had the same , and frandfully put the same away , quia propossessoria habetur qui dolo possidere . Mr. Thomas Nicolson contra Lairds of Bightie and Babirnie . Eodem die . THere having been mutual Molestations betwixt Mr. Thomas Nicolson Advocat and the Lairds of Bightie and Babirnie , anent a common Pasturage in the Muire of Bighty , lying contigue to all their Lands . It was alleadged for Babirny that he ought to be preferred to Mr. Thomas Nicolson , and the said Mr. Thomas excluded from all Commonty , because Babirny stands Infeft in the Lands of Babirny , which infeftment bears , with common Pasturage in the Muir of Bighty , and Mr. Thomas had no express Infeftment therein . It was answered for Mr. Thomas , that the alleadgence is not Relevant to exclude him , because he , his Predecessors and Authors , are , and have been Infeft in his Lands cum communi pastura , and by vertue of the saids Infeftments , in peaceable Possession Immemorially ; or by the space of 40 Years , which was sufficient to establish the Right of Communitie with Balbirnie , notwithstanding his Infeftment bears express . It was answered for Balbirnie , that not only was his Infeftment more express ; but Mr. Thomas Lands and his were holden of divers Superiours , viz. Balbirnie of the KING , and Mr. Thomas were Kirk-lands ; and albeit the Muire lyes contigue to Mr. Thomas Lands , yet it is not of the same Paroch . The Lords repelled the Reasons of Preference for Balbirnie in respect of the Answer . It was further alleadged for Balbirnie , that the Alleadgeances and Answers for Mr. Thomas Nicolson ought to be repelled ; because he offers him to prove , that Nicolson was interrupted since the Year 1610. and condescended , by yearly turning his Cattel off the ground , and stopping him from casting Peits ; and therefore he must say 40 Years Possession , by vertue of an Infeftment preceeding that Interruption . It was answered for Nicolson , non relevat , unlesse either a Legal Interruption by Lawborres , or Summons ; or at least a compleat and full Interruptio facti , by debarring him on whole year from any deed of Community , but for turning off his Goods , which were presently put on again , and he enjoying all his Profit , such were Attempts , and Incompleat Interruptions , whereof he needed take no notice thereof , seing he continued his Possession , otherwayes there would be great inconveniences by such Interruptions , which would be noticed by the Leidges , and yet would cut off the Probation of the old Possession before the same . The Lords found that whatsoever the Interruption , 40 Years , or immemoria possessione before the Interruption behoved to be proven , for they thought that what Servituds were introduced only by Possession , by the patience and presumed will of the other Partie , being either Proprietar , or having right of Communitie , any Interruption was sufficient to show , that the other Party willed not , nor consented not to the Right ; and if by such Interruptions Parties got wrong , it was their own fault , who did not either declare their Right , or insist in a molestation debito tempore , or use mutual Interruptions ; but here it was considered , that Possession before the year 1610. would be equivalent to Immemorial Possession , albeit the Witnesses were not positive , upon 20. Years Possession before , in respect the Years were 50. Years since . Children of Wolmet contra Dowglas and Cuningham . November 20. 1662. IN a Persuit at the instance of the Children of Wolmet for the Profit of the Coal of Wolmet , intrometted with by the said Iean Dowglas Lady Wolmet in her Viduity , by vertue of a Tack of the Coal granted by Umqhile Wolmet to his Children for their Portions , it was alleadged for the Defender . First , absolvitor , because the said Iean had right to the said Profit of the said Coal , ever since her Husbands Death , by vertue of the Wodset of the Lands and Coals of Wolmet granted by Umquhile Patrick Edmonstcun of Wolmet , to Iames Loch , wherein there is a Back-tack of the Land and Coal set to the said Umquhile Wolmet , and the said Iean his Spouse , for the Annualrent of the Money . It was replyed for the Pursuer , that the foresaid Back-tack was taken by Wolmet stante matrimonio , and so was donatio inter uirum & uxorem null in it self , nisi morte confirmetur , and was confirmed by Wolmets Death , but Revocked by the Pursuers Tack granted to his Children after the said Back-tack . It was answered for the Pursuers , that the reply ought to be repelled , because the Back-tack was no Donation , but a permutation , in so far as the Lady by her Contract of Marriage was Infeft in the half of the Lands of Wolmet ; which Infeftment she renounced in favours of Iames Loch , at the taking of the Wodset , and in lieu thereof , she got this Back-tack , which therefore can be no Donation , which must be gra●u●tus without a cause onerous . It was replyed by the Pursuers , that the duply is not relevant ; for albeit it be not a pure Donation , yet quoad excessum the superplus of the benefit of the Back-tack above the benefit of the Contract of Marriage is gratitude , and a Donation , and the reason of the Law against Donations betwixt Man and Wife being mutuo amore se spolient , it holds in it , and it would be easie to allude the intent of that good Law , if Donations contrived under the way of permutation without any real equalitie were allowable . It was answered for the Defender , that the duply stands relevant , and the superplus of a permutation cannot be called a Donation more then the benefit of an advantagious Vendition : it is true , that if the Donation of the Back-tack had been ex intervallo , after the Ladies Renounciation , it would have been vincus Contractus . but two distinct Donations , or if the matter exchanged had been aliquid ejusdem specei , as an Annualrent of 500 merk with an Annualrent of a 1000 lib. the superplus would have been a Donation ; or if the Lady had received a notable excess above the half , yea , above the third of what she quat , it might have been revocable by her Husband , she being reponed to her first Condition , by her Contract of Marriage , but here there is no such exorbitant excess , she having quat a certain Land Rent for the profit of a Coal , which is most uncertain , for the hail Land Rent would not pay the Back-tack , and it is now Wodset , and likewise she is personally lyable for the Back-tack Dutie . The Lords repelled the Defense , and Duply , in respect of the Reply and Triply ; and found the Excess so considerable in this case , that it was as a Donation , and was revocked by the Childrens Tack , but found that before the Defender made payment of what should be found due by this accompt she should be reponed and put in statu quo prius , by her Contract of Marriage . It was further alleadged for the Defender , absolvitor , because that albeit her Right by the Back-tack were revocked by the Childrens Tack , yet she is bona fide possessor , & fecit fructus consumptos suos , according to the Law of this Kingdom , and of most of other Nations necessarily introduced , for the good and quiet of the People , because as to and profits , they spend as they have , and therefore what they spend bona fide by a colourable Title ; they are secured in that , albeit their Title be taken away ; yet they shall not be called in question for what they have injoyed bona fide before Sentence , or Citation . It was answered , for the Pursuers , that the Defense was not relevant in that case , where the Question is not of industrial fruit , but of natural fruit , such as Coal . Secondly , it is not relevant , unless it were cum titulo not ipso jure null , but here the Defenders Title being a Donation betwixt Man and Wife , is by the Civil Law , which herein we follow null in se nisi morte confirmetur . Thirdly , there must be bona fides which is not here ; because it is instructed by a minute of a Contract produced within five moneths before the Childrens Tack , that the Lady consented to the providing of the Children by the profit of the Coal , and she cannot be presumed ignorant of so Domestick an affair in favour of her own Children done by her Husband , and she hath given up an Article in her accompt of the expense of Registrating the Childrens Tack ; by her self , and so she must be presumed to have possessed as protutrix for her Children , and not to Defraud or Exclude them . It was answered , for the Defender , that the defense stands yet relevant , and the Law makes no difference betwixt Industrial and Natural Fruits , he who possesses Lands bona fide is no more comptable for the Grass that growes of it self , nor for the Corn that he labours for . 4. And Coal is an industrial Fruit , having as much pains and expense as Corns , and other industrial Fruit , and more uncertainty : as to the Title albeit be valid , yet sufficit coloratus vel●putativus titulus , and albeit in the antient Roman Law , such Donations were null in se nisi confirmentur morte yet by the subsequent course of the Law , per ora●ionem Antonij they are declared valid in themselves , unless they be revocked , and therefore are not null , but Anullantur medio facto , and there are many nullities , which may consist with a colourable Title , ad hunc affectum lucrari Fructus consumptus , as if the nulitie be not ex defectu substantialium , but by defect of some solemnity , as the not Registration of a Seasine will not make it so null , but that possessor bona fide thereby will imploy the Fruits , but if it want tradition of the symble , it will be null in se , but here such Donations have all there essentials , but they are only anullable by a subsequent fact ; and as to the Evidence , that the Lady was in mala fide ; they are no wayes sufficient , by her consent that the Children should be provided with the Coal , was in contemplation of her eldest Sons Marriage , which took no effect , and the rest are meire presumptions , and dato she had known privata notitia non nocet , unlesse there had been some Intimation , Citation or Judicial Act to put her in mala fide ; and especially private knowledge infers not mala fide , unless it had been anterior to her possession . The Pursuer answered to the last point , that albeit private knowledge in some cases would not infer mala fides among strangers , yet a mother knowing the right of her own Children , whereof one were in her womb , it puts her in mala fide , seing she was thereby oblidged to have sought Tutors , and preserved their Right . The Lords found the Evidences sufficient to prove the Defender to have been in mala fide , and therefore repelled this Defense also , and Ordained the Defender to comp for the intromission , but found that the charge ought not to be stated according as the profit of the Coal fell out to be , but as the profit thereof might be communibus annis , in regard she quat her certain Li●erent of the Lands for an uncertain Coal , and therefore abated a fourth part of what the free Profit of the Coal was found to be by the last accompt . Alison Wardlaw contra Robert Gray . Eodem die . ALlison Wardlaw , as Executrix Creditrix confirmed to her Husband , and having confirmed the Rents due to him by Robert Gray Pursuer therefore . The said Robert alleadged absolvitor , for a part of these Rents , because payed , which he offered to prove by the Defuncts Compt-book in the Pursuers hands , which Compt-book is written with the Defuncts own hand , and bears several Recepts payed by the Defender at several times . The Pursuer alleadged , that the Compt-book cannot prove , because it wants a subscription , and Compt-books do only prove contra scribentem , in the case of Merchants , who keeped exact current Compt-books , which is a special priviledge of theirs , and was never extended to any other case , nor to any other person , for a discharge subscribed before Witnesses would not liberat , if it were not delivered to the other Partie , much less can a Compt-book , Secondly , Whatever it could work against the Writter and his Heirs , yet not against Assigneys or Executors Creditors , who are in effect singular Successors for their own payment , otherwayes no Assigney could be secure , but after the Assignation , the Cedent might write Receits in his Book ; but though he should grant a Holograph Discharge bearing date● before the Assignation , it would not prove against the Assigney , The Defender answered , that the Compt-book was sufficient to prove liberation , being by a Judicious Person , though not a Merchant , for it could be done to no other intent , then to preserve the memory of the payment made , which though most ordinar amongst Merchants , is no special priviledge of theirs , and albeit an undelivered discharge would not be sufficient , yet that being but unicum hirographum , requiring delivery , hath no effect without delivery , but a Compt-book contains many Writs , and requires no delivery , and albeit it should not prove against an Assigny . as neither would an holograph discharge , yet it is sufficient against an Executor Creditor , who can leave no Right till the Defunct be dead , and so their can be no hazard of Recepts posterior to their Right , and therefore against Creditor , Holograph discharge would prove . The Lords found that the alleadgeance of the Compt-book written with the Defuncts own hand sufficient to instruct payment , of the Articles mentioned therein , but seing the Defender who payed was on life , and present , Ordained him to make faith that he truely payed accordingly . Primrose contra Duij . November 22. 1662. PRimrose having pursued a Reduction of a Decreet Arbitral betwixt him and Duij . The said Duij alleadged homologation of the Decreet , by acceptance and payment of a Precept direct to him by Primrose , for payment of a part of the Sum contained in the Decreet ; bearing expresly to be in satisfaction of a part of the Decreet , which was found relevant , and admitted to Duij's probation , for proving whereof , Duij produced the Precept acceptance and Discharge . It was alleadged , that the Writs produced proved not to the homologation of the Decreet , as to the Article controverted , being the fraught of a Vessel ; which Duij offered to prove , to have been decerned to have been within the third part of the just avail , and the Precept bare payment of five Dollars , decerned for the deterioration of the Tackling , by vertue of a promise . The Lords having considered the Decreet Arbitrall , and Precept , found it proved not the homologation , as to the point in Question , because the Decreet contained divers heads . The Precept bare to pay the deterioration of the Tackling , and bare expresly , that the same was uncon●raverse , and founded upon the Defenders promise . Sawer contra Rutherfoord November 25. 1662. SAwer having Wodset some Tenements in Edinburgh , to Rutherfoord , wherein there was a Clause irritant , bearing , that if Sawer did not put Rutherfoord in possession of the hail Tenement , the Reversion should expire , whereupon Rutherfoord obtained Declarator , of the expyring of the Reversion , because Sawer had detained a part of the Tenement , Sawer raised Suspension and Reduction of the Decreet of Declarator , upon these Reasons . First , The clause irritant was punctum legis Commissaria in reprobat in Law. Secondly , Because , by the Act of Parliament 1661. betwixt Debitor and Creditor , It was declared , that claules irritant● for not payment of the Sums in Wodsets since 1649. should not be effectual . The Defender answered to the First Reason , that by Act of Sederunt of the Lords , in Anno 1642. Clauses Irritant , and Failzies were declared effectual ; and albeit the Lords ex gratia , are in use to suffer Parties failzeing to purge the failzie , by satisfying Damnage and Interest at the Barr ; yet it could not now be received a Decreet in foro contradictorio . To the second Reason ; It was Answered , that the said Act of Parliament was special , in relation to Clauses Irritant , for not payment of the Sum in the Wodset , which was stricti juris , and could not be extended to this wilful Failzie , in the Pursuers not removing , and possessing him , and for the Decreet it was in absence , albeit a Supplication was given in after the Decreet , desiring to be heard , whereupon he was not heard , but the answer to the Suplication bare , that his desire was only competent , by way of Susppension and Reduction . The Lords found the Decreet not to be in foro contradictorio ; and therefore reponed the Pursuer to purge the Failzie , by possessing the Defender , and paying damnage ; but found that the Clause in the Act of Parliament reached not to this Case , but whereas the Pursuer craved compt and reckoning of the profits of the Wodset Tenement , by the said Act of Parliament bearing , That Improper Wodsets , where the granter of the Wodset , is in the hazard of Publick Burden , &c. being since 1649. The Wodsetter should be comptable for the Profits more nor the Annualrents , since the Date of the Wodset . The Lords having considered the Woodset , by which the Wodsetter bare the publick Burden , found the said Clause of the Act not extended , to make the Defender comptable since the Date of the Wodset , but only since the Date of the offer , to secure the Wodseter conform to the Act of Parliament , by vertue of an other Clauses of the said Act , Ordaining all Wodsetters to compt for the superplus , and to possesse the granter of the Wodset , he finding Caution for the Annualrents , or to restrict to his Annualrent . Lord Burghly contra Iohn Syme . Eodem die . LOrd Burghly , and his Authors , being Infeft by the Abbot of Dumfermling , in the Coal-heugh of Keltie , with power to win Coals within the bounds of the Lands of Cocklaw and Losodie ; pursues John Sime Heretor of Losodie , for declaring his Right to win Coal in Losodie . The Defender alleadged absolvitor , because he and his Authors were Infeft in the Lands of Losodie , with the pertinents , above the Ground , and under the Ground , long before the Pursuers Authors Right . The Pursuer answered , that the Defenders Infeftment could not furnish him Right to the Coal of Losodie ; because it bare no power to win Coal , but being only a Feu , which is a perpetual Location , it reaches not to Coal , not being expressed : especially , seing in the Tenendas all the ordinary priviledges were exprest , even of Peit and Turff , and Coal was omitted , and because the Defenders Chartor bare expresly a reservation to the Abbot , and his Successors , to win Coal in Losodie , for their own proper use allenarly . The Defender Answered , that the Right of the Land being Feu , with the Pertinents , did extend to Coal , albeit not exprest , seing it was not wholly observed ; according to Craigs opinion , and for the Reservation , it did further clear the Defenders Right , that seing the Abbot reserved only power to win Coal for his own use , exceptio firma● regulam in non exceptis , whereby the Defender had Right to the remanent of the Coal , neither could the exception extend to the Pursuer , but only to the Abbot , and give to his Successors only , to these Succeeding in the Abbacy , viz. the Earl of Dumfermling . The Pursuer answered , that the Defenders Infeftment was Confirmed long after the Pursuers , and that the Defenders Confirmation was not of the first Feu , but of a second Right , from the first Feuar , and by the Act of Parliament anent Feus , it was declared , that Feus since March 1658. not confirmed by the King , before 1584. were ●ull , at least another Act of Parliament bare expresly , that where there were divers Feus granted of the same thing , the first , Confirmation with the last Feu , should be preferable . The Lords found the Defense founded upon the Defenders Rights , relevant , and proven thereby ; and therefore found the Pursuer had only right to win Coals in Losodie , for his own use , and found the Pursuer Successor to the Abbots by his Infefments of the said Priviledge of wining Coal in Losodie , for his own use only , and found the saids Acts of Parliament , that by the late Act ; the Right of the ancient Possessors , and kindly Tenents was reserved ; so that if they did not Confirm before the Year 1584. They were only lyable for a greater Feu-dutie , wherein the Pursuer not being Superiour , had no interest , and found the Defenders Infeftment , that his Authors were kindly Tenents , and had a 19 year tack before the Feu . Patrick and Joseph Dowglasses contra Lindsay of VVormistoun . December 2. 1662. PAtrick and Joseph Dowglasses pursues Catharine Lindsay their Mother , as Executrix to their Father , for Compt and Payment of their share of the Executry , and also the said Lindsay of VVormistoun , as her Cautioner found in the Testament , who alleadged no Process against him as Cautioner , till the Executrix her self were first discussed ; Not only by Compt and Sentence , but also by Appryzing of her Estate , Poynding of her Moveables , and if nothing can be condescended upon to Poynd and Appryze , at least by Registrate Horning against her Person : This being but a subsidiary Action as to the Cautioner . The Lords Repelled the Alleadgeance , and sustained the Accompt , against both , superceeding all Execution against the Cautioner , till the Executrix were discussed as aforesaid , which is both to the advantage of the Cautioner , who may concur with the Executor , who is only able to make the Accompt , and it is also to the advantage of the Pursuers , that the Cautioner resume not the Alleadgeances omitted by the Executor , and so make new Process , and new Probation , as oft falls out . Dam Marion Clerk. contra Iames Clerk of Pittencrieff . Eodem die . MR. Alexander Clerk , his Estate being Tailzied to his Heirs Male , he obliged his heirs of Line to Renunce , and Resign the same in favours of his Heirs Male ; which Disposition he burdened with 20000. Pounds , to Dam Marion Clerk his only Daughter , and Heir of Line . The Clause bare 20000. Pounds to be payed to her out of the saids Lands and Tenement , whereupon she having obtained Decreet , James Clerk the Heir Male Suspends on this Reason , That the foresaid Clause did not personally oblige him , but was only a real burden upon the Lands and Tenement , which he was content should be affected therewith , and offered to Assign and Dispone so much of the Tenement as would satisfie the same . The Lords found the Suspender personally obliged , but only in so far as the value of the Tenement might extend ; in respect the Clause in the Disposition mentioned the Sum to be payed , which imports a personal Obligement , and whereby the Suspender accepting the Disposition , is obliged to do Diligence , to have sold the Tenement and payed her therewith ; and therefore found the Letters orderly proceeded , superceeding Execution of the principal sum for a year , that medio tempore , he might do Diligence to sell and uplift . George Steuart contra Mr. James Nasmith . December 6. 1662. GEorge Steuart having obtained the Gift of the Escheat of one Hume , pursues a general Declarator , wherein compears Mr. James Nasmith , having a Declarator depending of the same Escheat , and alleadged he ought to be preferred , having his Gift first past the Privy Seal , and had the first Citation thereupon . George Steuart answered , that his Gift was first past in Exchequer , and the Composition payed in March , before the Rebel was Denunced on Mr. James Nasmiths Horning , whose Gift past in Exchequer in June only , and alleadged that he being postponed , through the negligence of the Keeper of the Register , whom he had oft desired to give him out his Gift , it must be esteemed as truely then done ; and as to the Citation , both being now pursuing , he having done full Diligence , could not be postponed , and produced an Instrument taken against the Keeper of the Register , bearing him to have acknowledged , that the Gift had been sought from him formerly . The Lords having considered the Instrument , and that it was after Nasmiths Gift was Sealed , although it mentioned former Requisitions , that was but the assertion of the Nottar , or of the Keeper of the Register , and therefore preferred Nasmiths Gift . Andrew Clapertoun contra Lady Ednem . December 11. 1662. IN Anno 1621. Umquhile Sir Iohn Edmistoun of Ednem , granted a Bond of Provision to Iean Stirling of two Bolls of Victual , which he obliged himself to pay to her out of the Mains of Ednem , or any other of his Lands , by vertue thereof she was in Possession , out of the Mains of Ednem , till the year 1640. Andrew Clappertoun her Son and Assigney , pursues the Lady Ednem , as Intrometter with the Rents of the Mains of Ednem , to pay the Pension since . The Defender alleadged Absolvitor , because she stands Infeft in the Mains of Ednem , by vertue of her Liferent , and thereupon has possessed ; and the Pursuers Pension is meerly personal , and does not affect the Ground , nor is valid against singular Successours , and though conceived in the best way , can have no more effect , then an Assignation to Mails and Duties , which operats nothing against singular Successors , unless it had been an Ecclesiastical Pension , clothed with Possession , having Letters conform , which only is valid against singular Successors . The Lords found the Defense Relevant . Iohn Oglvie contra Sir Iames Stewart . Eodem die . PAtrick Leslie , and several Cautioners , granted Bond to Sir Iames Stewart , who assigned the same to John Denholme , who used Execution , in his Cedents name , and took some of the Debitors with Caption , and being in the Messengers hands , this Iohn Ogilvie assisted to the making of their escape , and thereupon being incarcerat by the Magistrats of Edinburgh , ( which concourse of their Authority , by their Officers , as use is , in executing Captions within Edinburgh , ) by aggrement ; the said Iohn Ogilvie payed 800 lib. to be free , and thereupon obtained Assignation from Sir Iames Stewart , to as much of the Bond , with warrandice from Sir Iames own deed , and excepting from the warrandice , an Assignation formerly made by Sir Iames , to Iohn Denholme , Iohn Ogilvie having pursued one of the Debitors , he was assoilzied , upon a discharge granted by Sir Iames Stewart , and Iohn Denholme , and they both with one consent , whereupon Iohn Ogilvie charged Sir Iames upon the Clause of Warrandice , who Suspended , and alleadged , that the foresaid discharge was nothing contrair to his oblidgement of Warrandice ; because , in the Warrandice , Iohn Denholmes Assignation was excepted , and consequently all deeds done by Iohn , as Assigny . Ita est , this discharge was granted by Iohn Denholme , and would be valid , by Iohn Denholme subscription ; and there was no prejudice done to this Pursuer , by Sir Iames Stewarts subscription , seing without it , the discharge would exclude him . The Charger answered , that Iohn Denholme subscribed but as Contenter and was not mentioned in the discharge as Assigney . The Suspender answered ; that the discharge being with his consent , was as effectual , as if he had been principal Partie , and each of them discharged with others consent . The Lords found the Reason of the Suspension relevant . George Loggie . contra Peter Loggie . Eodem die . GEorge Loggie having borrowed 800 merk from Peter Loggie his Brother , gave a Wodset therefore . The said George being an old man , without hope of Children , the Reversion was only granted to George , and the Heirs of his own Body , and his Liferent of the Wodset Lands was Reserved , without mentioning of any Back-tack Dutie , or Annualrent , George having used an Order and Consigned the 800. merk , obtained Declarator , Peter Suspends , and alleadges no Redemption ought to have been , till the Annualrent were consigned with the Principal . The Charger answered , that the Contract of Wodset bare no Annualrent . The Suspender answered , that albeit it did not , yet he having lent his Money in these Terms , in hopes of Succession , and his Brother having now Married a young Wife , he ought not to take advantage of him , seing the Annualrent is due , in equitie , for the profit of the Money . The Lords , in respect of the Tenor of the Contract of Wodset , found the Letters orderly proceeded , without any Annualrent , and that in this case it could not be due , without 〈◊〉 had been so pactioned and agreed . Lord Balmirino contra Town of Edinburgh . December 18. THe Lord Balmirino pursues the Town of Edinburgh , for Spoliation of the Tynds of the Aikers of Restalrige , whereof the Towns Hospital had a Tack , which being expired , Inhibition was used yearly , for several years . The Defender alleadged absolvitor , from any Spuilzie of Teinds , because , since the KING' 's Decreet Arbitral , and the Fyfteen and Seventeen Acts of Parliament , 1633. Spuilzie of Teinds is taken away , especially by the said Fyfteen Act. The Parliament Ratifies a former deed of the King 's , Declaring , every Heretor shall have the drawing of his own Teynd , and the benefit of a Valuation ; and in the mean time , so long as the Teynds are not Valued , the Heretors are only lyable for the Fyft of the Rent , in name of Teynd , Secondly , By a Contract betwixt the Town and the Pursuers Father , of the Aikers of Restal●ige lyand runrig with these , are set for half a boll beer the Aiker , which is by the Contract , Declared to be the just and true Rate , and Value thereof , which by necestar consequence declares the Value of the Teynds now in Question , being runrig with the other . The Pursuer answered to the first , That the foresaid Act of Parliament was only meaned in relation to the KING'S Annuity , and albeit the foresaid Clause therein be general , yet it is clear by the 17. Act , which is posterior , that the first part shall be the Teynd , after the Valuation duely led , which hath been constantly allowed , by Custom of the Commission of Plantations , which gave only warrand to Heretors to lead their own Teynd during the Dependence of a Valuation , and therefore Spuilzie of Teynds have been frequently sustained since the saids Acts : As to the second , whatever be the way of conception of the Tack , for the other Aikers not in question be , though it did acknowledge the same to be the just Value thereof , yet it cannot extend to other Teynds ; seing where the Parties agree in the matter , they are not solicitous for the conception of the words , which cannot be drawn in consequence to any other matter . The Lords repelled both these Defenses , but declared they would not sustaine Spuilzie as to the Oath in Litem , but admitted the Value of the Teynd to the Pursuers probation . Reserving to themselves the modification of the prices , if they should be exor●itantly proven , but not of the quantaties . Lady Tursapie contra Laird of Tursapie . December 20. 1662. THE Lady Tursapie pursues the Laird of Tursapie , who succeeded as Heir to his Brother , her Husband , for the Aliment of the Defuncts Family , till the next Term , after his Death , and specially for the Alinent , and to the Pursuers Son , Heir appearand to his Father . The Defender alleadged absolvitor , because the Lybel was no wayes relevant against him , as Heir , but by the constant custome , the entertainment of the Defuncts Families , was ever a burthen on their Moveables , and upon their Executry . The Pursuer answered , though it was ordinarly retained off the Moveables , yet the Heir was also lyable , seing the Defunct was oblieged to entertain his Servants and Children , at least to a Term , but much more when there were no Moveables , or where the Defunct was Rebel , and the Donatar intrometted . The Defender answered , that it was novum to conveen an Heir on this ground , and that the Alledgiance of there being no Moveables held not here ; neither is it relevant that the Moveables were gifted , unless it had been declared before the Defunct's Death and Possession obtained , otherwayes the Relict ought to have Alimented the Family out of the Moveables , which would have liberat her from the Donatar , and is yet ground against the Donatars . The Pursuer answered , she could not retain , because the Donatar with Concourse of the Defender did put her brevi manu from the Defunct's House and all the Moveables . The Lords having amongst themselves considered this Process , did put difference between the Aliment of the Appearant Heir , and the rest of the Family : As to the Heir they found , that albeit he was never Infeft , yet as Appearant Heir , he had Right to the Mails and Duties from his Fathers Death , untill his own Death , though the Terms had been to run before he was born , being in utero , and that the Defender , in so far as medling with the Rents , was lyable for the Appearant Heirs Aliment ; but for the rest of the Familie , the Lords superceeded to give answer till diligence were done against the Donatar , or other Intrometters with the Moveables . Thomas Dumbar of Muchrome contra The Vassals of the Barrony of Muchrome . Eodem die . THomas Dumbar of Muchrome , pursues Reduction and Improbation against the Vassals of the Barrony of Mochrume , wherein all the Terms being run , reserving Defenses . Now at the last Term it was alleaged , for Hay of Arriolland , no Certification contra non producta against him , because he had produced a Precept of clare constat from the Pursuers Father as Heir , to whom he pursues . Secondly , It was alleaged that he had produced sufficiently to exclude the Pursuers Right produced , and so till his Rights produced were discust and taken away , there could be no Certification contra non producta . The Pursuer answered to the first , that the Precept of clare constat was but in obedience of a Precept out of the Chancellary . As to the Ancient Rights produced , if the Defender would rest thereon , he needed not stand that Certification should be granted against any others not produced , seing these produced are sufficient ; but if the Certification should be thus stopped , the effect of all Improbations and Non-entries should be marred by dropping in new Writs from time to time , and still disputing thereon , and so dispute the Reasons before the Production were closed , at least the Defender ought to alledge that the Writs produced are sufficient , and declare he will make use of no further in this Process . The Lords repelled the first Alleadgance on the Precept of clare constat being for obedience , but found the second Alleadgance relevant hoc ordine , and ordained the Defender to condescend upon his Rights by way of Defence to the Pursuer , to answer thereto presently . Collonel Iohn Fullertoun contra Viscount of Kingstoun . Ianuary 8. 1663. COllonel Iohn Fullertoun having charged the Viscount of Kingstoun , upon a Bond of borrowed Mony , he suspends on these Reasons . That the Collonel granted Assignation to Umquile Sir Alexander Dowglas to a Sum dew by Sir William Thomson ; and notwithstanding of the Assignation he uplifted the Sum himself , at least his Brother by his order , whereupon the Lady Kingstoun ; Daughter and Heir to the said Sir Alexander , having Licence to pursue , hath pursued the Collonel upon the Warrandice for Re-payment ; which Action being seen and returned , and ready to be discust , the Suspender craves Compensation thereon . The Charger answered , That the reason of Compensation is not relevant , because it is not liquid , the foresaid Sum not being confirmed by any Executor , nor Sentence thereupon ; neither can it be instantly verified , because it must abide Probation , that the Collonel or his Brother by his order uplifted the Sum , and there being only a licence to pursue , the Debt cannot be established till a Confirmation . Secondly , Albeit the Compensation were relievable , yet the Reason ought to be repelled ; because , that any such Assignation was granted , it was in trust , to the Collonels own behove , as is instructed by a missive Letter to the Charger produced . It was answered for the Suspender , that the Answers founded upon the missive Letter ought to be repelled , because it was null , neither being Holograph , nor having Witnesses . Secondly , It is most suspect , being written upon old blacked Paper . The Charger answered , that Letters amongst Merchands , though not Holograph , are sustained , and ought much more among Souldiers , especially between the Charger and Sir Alexander , who then was his Lieutenant Collonel ; which is the more clear , that there was never a question of it these 20 years , neither was it contained in the Inventar of Sir Alexanders Papers , though there were insert Papers of less moment , but that it was gotten from one White , for 40. or 50. Pound . The Lords repelled the Compensation , as not being liquid , and found the Letters orderly proceeded , superceeding Execution till Whitsunday 1663. But upon the other Process against the Charger , The Lords considering the matter was old and dubious , before Answer , they ordained Witnesses to be examined hinc inde , upon all Adminicles that could be adduced for , or against the Trust. Lady Otter contra Laird of Otter . Eodem die . THe Umquhile Laird of Otter , by his Contract of Marriage , having provided his Estate to his Heir Male ; provided 5000 Merks to his eldest Heir Female , when she should be capable of Marriage ; and an occasion offered , whereupon the said Heir Female her Mother pursues the Heir Male for payment of the Sum , and for payment of an Aliment to the Heir Female during the time she hath been with her Mother , and in time coming , till the provision be payed . The Defender alleadged the Libel is no way relevant , for Aliment , he not being oblidged by the Contract , for any Aliment , but only for the Sum , at such a time ; neither is there any Annualrent due for the Provision , till the Term of payment . Yet the Lords found , that albeit that was no Annualrent , nor provision for Aliment , and that de jure Annualrent is but due , ex pacto , they would in this case allow an Aliment , far within the Annualrent , because it was all that the Daughters got for a very considerable Estate , which was but a very small provision . Patrick Nicoll contra Sir Alexander Hope . Eodem die . PAtrick Nicoll pursues a Declarator of Propertie of his Lands , of Grantoun , and that he had good Right thereto , conform to the Bounds Lybelled . It was alleadged , for Sir Alexander Hope . First , All Parttes having interest are not called , this being an Action , that in effect terminateth upon a Perambulation , or Determining of the Marches . It is a Real Action , and there is necessity to call the Heirs of Sir Iohn Hope , who died last , vest and seased , in the other adjacent Lands . The Pursuer answered , that he offered him to prove , that Sir Iohn had Disponed in favour of Sir Alexander , and resigned in his time . It was answered for Sir Alexander , that Sir Iohn was not Denuded ; seing no Infeftment followed , and the Disposition is but an incompleat Personal Right , so that some having the Real Right must be called . The Lords repelled the Defense , in respect of the Reply . It was further alleadged for Sir Alexander , that he had builded a park dyke upon a part of the Ground in Question , before the Pursuers Right , sciente & astante domino : the former Heretor having never opposed , nor contradicted , which must necessarily infer his consent . The Pursuer answered , that it was not relevant , to take away any part of the Property , upon such a presumptive consent , neither was he oblieged to disassent , seing he knew that which was builded upon his Ground , would become his own in edificatum solo cedit . The Lords repelled this Defense also , but they thought that the taciturnitie might operat this much , that Sir Alexander might remove the materialls of his Wall , or get from Patrick Nicol quantum partem est lucratus , by the building of the Wall. Murray of Merstoun contra Thomas Hunterr . Eodem die . MVrray of Merstoun pursues Thomas Hunter fot a Spulzie of Malt , who alleadged , that as to that member of the Lybel of the Spulzie of the Malt , by the Defenders hunding out , or command . It is only relevant scripto vel juramento . The Pursuer answered , that she qualified the Probation thus , That the Defender intrusted a Messenger , or Officer , to execute a Precept of Poynding , by delivering him the Precept , and therefore the Precept , with the execution thereupon is sufficient Probation . The Defender answered , that the same is not sufficient ; because the Officer execute the Precept extra territorium , whereby it became a Spuilzie , which ought not to be imputed to the Defender , unlesse it were offered to be proven , that he ordained the Officer to Poynd this Malt without the Jurisdiction , and that only scripto vel juramento . The Pursuer answered , that as the giving of a Precept of Seasin , is a sufficient warrant , without any other Procuratry , whatever the effect of the Seasin be , so must the delivery of the Precept of Poynding be sufficient to instruct the warrand , or command to Poynd , where-ever the Poynding was execute , and the user of the Poynding should be lyable to the deeds done by the person he intrusts ; Especially , seing not only the Messenger was sent , but other Servants , and Messengers imployed by the user of the Poynding . The Lords found the giving of the Precept of Poynding to the Messenger , and his unwarrantable poynding Extra territorium not sufficient only , but found it relevant , to prove , by the Messenger , and Defenders Servants imployed by him , their Oaths , that they were commanded to Poynd this Malt , or other goods in this place , being Extra territorium . Skeen contra Lumsdean . Eodem die . SKeen having charged Alexander Lumsdean , for payment of a Bond , for which he was Cautioner for Mr. Thomas Lumsdean his Brother , Alexander Suspends on this Reason ; that the Bond was granted for a Bill of Exchange , drawn by one Dutch man , upon another to be payed to Skeen , or his Order , which Bill , Skeen ordained to be payed to Anna Balty Spouse to Mr. Thomas Lumsdean ; for which this Bond was granted : Ita est the saids Bills of Exchange were not payed , but protested ; and is assigned by Mr. Thomas Lumsdean , and his Spouse , to the Suspender ; at least , if any payment was made to Mr. Thomas Lumsdean the Cedent , it was after the Assignation to Alexander Lumsdean the Suspender , and intimation thereof . It was answered , for the Charger , that the Reason ought to be repelled , because he offered him to prove , by Mr. Thomas Lumsdean , at that time Factor at Campheir his Compt-book ; that albeit the Bills was once protested , yet they were payed before Assignation , or Intimation . The Lords before answer , having granted several Commissions to the Magistrats , and Conservitor at Campheir , to view and examine the Compt-book which was at Campheir . They reported , that in such a Page of the Book there was three Articles of Receipt , in part of payment of the Bills , after which Pages the Book was containued , and several Compts written therein , and that it was Authentick , and Unvitiat , and all written with the hand of Iohn Muire Mr. Thomas Stepson , who was his Book-keeper , and that they had been a long time since out of Mr. Thomas hands , about the time he Bankerupted , and that they had examined upon Oath , him who drew the Bill , amd him upon whom the Bill was drawn , both , who had sworn payment was made , the question was , whether Mr. Thomas Compt-book could prove against Mr Thomas his Assigney . It was alleadged , It could not , seing it had no more Effect then as Holograph Discharge , which might be made up after the Assignation , and therefore proves not against the Assigney . It was answered , that though a Holograph Discharge will not prove alone , yet if by other Adminicles , Writs or Witnesses , it appeas that the Date is true , at least is prior to the Assignation , or Intimation , it will be sufficient against the Assigney , so the Adminicles here are pregnant and strong , to prove the time of payment contained in the Compt-Book . The Lords found the Compt-Book and Adminicles sufficient here against the Assigney , especially considering , that the Cedent was his Brother , and that it was not presumable , that he would do any Deed , in making up these Receipts in his Compt-Book , in prejudice of his Brother . Thomas Beg contra Sir Thomas Nicolson . Ianuary 14. 1663. THomas Beg charges Sir Thomas Nicolson of Carnock upon his Bond of 4000 Merk ; he Suspends on this Reason , the Charger is only Liferenter , and hath no right to lift the Sum , because the Bond is conceived thus , to Thomas Beg and his Spouse , the longest Liver of them two in Conjunct-fee , and to the Bairns procreat betwixt them , which failzing , to two Bairns of a former Marriage , Thomas and Margaret Begs , and which Bond contains a Precept of Seasife , for Infefting the said Thomas and his Spouse , and the Bairns of the Marriage , which failzing , the said Thomas and Margaret , Bairns of the former Marriage , according to which there was a Seasine taken , not only to the two Spouses , but to the two Bairns , nominatim , who therefore are Feears . The Lords repelled the Reason ; because having considered the Bond , and Infeftment conceaved as aforesaid : they found the Husband , by the Conjunct-fee to be Feear , and the Bairns of the Marriage to be destinat Heirs of Provision ; and the said Margaret and Thomas , to be only substitue as Heirs of Tailzie , failzing the Bairns of the Marriage ; and that therefore , if the Father had died Infeft in the Annualrent , if there had been Bairns of the Marriage , they , Male and Female , joyntly and equally behoved to be Served , specially as Heirs of Provision to their Father , and so Infeft , and failzing Bairns , Thomas and Margaret , behoved also to be so served and Infeft : for albeit there needs no general Service , where Persons are nominatim substitute in a personal Right , requiring no Infeftment ; yet where there is Infeftment , there must be a special Service . And therefore found the Father , Feear might uplift the Mony , or might change the Destination thereof , as he pleased ; and albeit Thomas and Margaret were Infeft nominatim , yet they found the Seasine was without Warrand , bearing only to Infeft them , in case of failzie of Heirs of the Marriage , and the Infeftment could only be granted to the Conjunct-feears . Iohn Scot contra Montgomery . Eodem die . JOhn Scot , as Assigney to certain Bonds granted by Montgomery to Andrew Robertson , charges Montgomery , who Suspends upon this Reason , that he instantly instructs by a Back-bond , that the Bonds is for the price of certain Lands , and by the Back-bond , it is provided , that these Sums should not be payed , till the Writs of the Lands were delivered , and payment made of some Duties thereof . The Lords found the Back-bond , being before the Assingation relevant , against the Assigney , albeit the Bonds were simple , bearing borrowed Money . Greenlaw contra 〈…〉 Ianuary 15. 1663. GReenlaw being pursued by 〈…〉 for Spuilzie of two Mares , in May 1654. alleadged Absolvitor , because he was then in Arms for the King ; and took these Mares for the Service , and had warrand from his Officers ; which he offered him to prove by his Pass , and Capitulation produced , expressly including him , with his Officers , who Capitulate . The Pursuer answered , the Mares were great with Foal , and altogether unfit for the Service ; and if they were specially commanded to be taken , it might be instructed by Writ . The Lords considering this Capitulation , being about that same time , found , that albeit there had been no Order , yet the Defender being then in Arms , acting modo militari , the Act of Indemnity freed him , and would not give occasion to such Process , and therefore Assoilzied . Tennents of Kilchattan contra Lady Kilchattan , Major Campbel , and Baillie Hamilton . Ianuary 16. 1663. OLd Kilchattan , in his Sons Contract of Marriage , Dispons the Lands of Kilchattan to his Son young Kilchattan , and his Lady in Conjunct-fee ; whereupon there was Infeftment taken , in favours of the Husband and Wife , to be holden from the Disponer , and of the King ; but the same was not confirmed till the year 1662. At which time , Major Campbel procures a Confirmation of the Conjunct-Infeftment , and Seasine thereon ; which Confirmation hath a Clause insert ; bearing the same to be only in so far as may confirm and establish the Right of an Annualrent granted by young Kilchattan to the Major : and thereafter the Lady Confirms the Conjunct-Infeftment simply . In Anno 1654. young Kilchattan Infefts Major Campbel in an Annulrent out of the Lands : thereafter Heugh Hamilton Appryzed from young Kilchattan , and was Infeft upon this Appryzing about that time . It was alleadged by the Lady , that she ought to be pre-ferred , because she being joyned with her Husband in the Conjunct-Fee , and thereupon Infeft ; it is sufficient to give her the Right of Liferent , which is but a personal servitude . It was answered , first , That Major Campbel having procured the first Confirmation , which is expresly limit unto his Annualrent , must be preferred to the Lady , and that such limitations might lawfully be , because it being free for the Superiour to Confirm , or not , or to Confirm a part , and not the rest , he might Confirm it to what effect he pleased ; and his Confirmation being extended no further , the Lady cannot crave preference , because she is now only Infeft in the Lands in question in Warrandice , that her principal Lands shall be worth so much , and it is not yet declared in what they are defective . The Lords , in respect the Ladies Right was not Confirmed , preferred the Major as to his Annualrents . It was alleadged for Heugh Hamiltoun , that he must be preferred to the Annualrenter , because he being publickly Infeft upon his Apprysing , before the Infeftment of Annualrent , at least before it was cled with Possession , whereby it became a valid Right , the King's Charter upon the Apprysing , is virtually and equivalently a Confirmation of Kilchattans Infeftment , especially in favours of a Creditor , who could not perfectly know his Debitors condition ; which if he had known ; and given in expresly a Confirmation to the King , it would have been accepted , seeing the King respects none , and therefore the King 's granting of a Charter upon the Apprysing must be interpret equivalent . The Lords found that the Charter upon the Apprysing was not equivalent to a Confirmation . It was further alleadged for Heugh Hamiltoun , that the Confirmation obtained by Major Campbel , behoved to accresce to him ; who had the first compleat Right , by publick Infeftment upon the Apprysing , and albeit that base Infeftment upon the Annualrent granted by Kilchattan to Major Campbel , was prior , yet it was null till it was cled with Possession ; and therefore if it was not cled with Possession before Heugh Hamiltouns Infeftment , the Confirmation must accresce to Heugh Hamiltouns Infeftment . The Lords found that the base Infeftment was not null for want of Possession , albeit it might be excluded by a publick Infeftment before Possession , but found that Heugh Hamiltouns publick Infeftment was not compleat in it self , because it put Heugh Hamiltoun only in the place of young Kilchattan , who had a null Right till Confirmation : Which Confirmation they found did accresce to the base Infeftment , being cled with Possession at any time before the Confirmation , for at that time it became a compleat Right ; at which time the Appryzing and Infeftment was no compleat Right , and therefore the Confirmation , albeit it had not had this restriction accresced to the base Infeftment , as being the first compleat Right in suo genere . Earl of Roxburgh contra a Minister . Eodem Die. IN a review of a Decreet at the Instance of a Minister against the Earl of Roxburgh ; the point in question was , whether or no the Judges for the time , or now the Lords of Session , were competent to discuss this Nullity , of a Decreet of Locality , by the Commission for Plantation , in that it called the Earls Lands expresly designed , to be his Lands , and he was not called . The Lords found , that albeit they would not decide upon the Nullities of the Decreets of the Commission competent by way of Reduction , which behoved to be before the Commission it self ; yet this Nullity being palpable and competent by Exception , or Suspension , that they might thereupon Suspend simpliciter , the Decreet of the Commission . Earl of Errol contra Parochioners of Ury . Eodem die . THe Earl of Roxburgh pursues the Heretors for the Teind , from 1648. till 1662. as he who had Right during that tyme , by the Act of Parliament , 1649. Establishing the Right of the Teinds in the Patron , in leu of their Patronage ; and also as he who had Tack thereof , and had since possessed be tacit relocation . The Defender alleadged , as to the first Title , that the Parliament , 1649. was not only annulled , but declared void , ab initio , as a meeting without any Authority , as to the tacit Relocation , it could not extend any further then so many years as the Beneficed Person could set . It was answered for the Earl , that the Rescissorie Act could not prejudge him , as to any thing anterior to it's date , unless it had born expresly to annul as to bygones . The Lords found the Lybel , and Reply Relevant , as to bygones before the Act , albeit there be no salvo in that Act , as there is in the Rescissory Acts of the remanent Parliaments , and found that the Pursuer had Right , per tacitam relocationem , till he was interrupted , even for years which the Beneficed Person could not validly set , as a Liferenters Tack will be validly set , as a Liferenters Tack will be valide against the Feer , per tacitam relocationem , after her Death , though she could grant no Tack validly after her Death . Relict of Mr. Thomas Swintoun Minister of Ednems contra Laird of Wedderburn . Eodem die . THe Minister of Ednems Relict Insisting for the reparation of the Manss . It was alleadged for the Heretors , that those who have Right to the Teinds as Tacks-men , or otherwayes , ought to bear a proportion , of the reparation . The Lords found that albeit these who have right to the Teinds , were accustomed to Repair the of Kirks , and the Heretors the rest of the Kirk ; yet there was neither Law nor Custom alleadged , the Teinds could be burdened with any part of the Reparation . Sword contra Sword. Eodem die . ONe Sword as heir Served and Retoured , to Bailzie Sword of Saint Andrews , pursues for Intromission with the Moveable Heirship , for delivery of the same , and produces his Service done at Saint Andrews , and Retoured , whereby he is Served as Oye to the Defunct Bailzie , his Father Brother ; compears another Party ; who is likewise Served Heir to that same Bailzie , at Edinburgh , and produces his Service Retoured , by which he is served Heir to Bailzie Sword , as his Father Brother Son , whereupon he hath raised a Reduction in Latine , under the Quarter-seal of the other Service , which was prior , and alleadges , that he being in a nearer degree of Blood then the other , in so far as he is a Father Brother Son , and the other Service bears him to be but a Father Brothers Oye . The Lords having considered both the Retoures , and that they were not contradictory , inferring manifest Error of the Assize , because it was sufficient for the Assize to Serve the Father Brothers Oye , if they knew of no nearer Degree ; And also because the Defunct Bailzie might have had two Father Brothers , one elder then his Father . and the other younger , and thereby two Heirs , one of Line and another of Conquest , which not being clear by the Retoures ; the Lords will not prefer the first Retour as standing , but would hear the Parties upon the Reduction . Mr. James Stuart contra Mr. John Spruile . Ianuary 21. 1663. MR. Iames Stuart and Robert Stuart Bailzie of Lithgow , as Curator to him , as a Furious Person , or Idiot , by Gift of the Exchequer , pursues Mr. Iohn Spruile for Sums of Mony due to Mr. Iames. It was alleadged no Process at the Instance of Robert Stuart , as Curator , because by Law , the Tutors or Curators of Furious Persons , are conform to the Act of Parliament to be Cognosced by an Inquest , whether the Person be Furious , and who is his nearest Agnat , of the Fathers side , past twenty five . The Lords found Process , Robert Stuart finding Caution to make forth coming , and declared it should be but prejudice to the nearest Agnat , to Serve according to the said Act of Parliament , for they thought , that as the Lords might name Curators , ad litem , in the interim , so might the King , and that the Exchequer was accustomed to do . William Zeoman contra Mr. Patrick Oliphant . Ianuary 22. 1663. IN a Competition betwixt Zeoman and Oliphant , anent the Estate of Sir Iames Oliphant , who having killed his Mother , was pursued Criminally therefore , before the Justice , and being Charged to underly the Law , for the said Crime , under the pain of Rebellion , he compeared not , and the Act of Adjournal was declared Fugitive , and his moveable Goods ordained to be Inbrought : The Criminal Libel proceeded , both upon the Act of Parliament against Paricide ; and also upon the Act of Parliament , declaring that killing of Persons under assurance of Trust , to be Treasonable ; Hereupon the King granted a Gift of Sir Iames Forefaulture to Sir Patrick Oliphant , who thereupon was Infeft . It was alleadged for William Zeoman , who had Right by Appryzing , that there could be no respect to the Gift of Forefaulture , because Sir James was never Forefault , but only declared Fugitive , and Denunced as said is ; and that any Doom of Forefaulture had been pronounced , the Crime behoved to have been proven before an Assize , else there could be no Forefaulture ; neither could the Donator possess , medio tempore , till the Crime were yet put to the Tryal of an Assize , because Sir Iames is dead . The Lords found that the Gift of Forfaultuee could not be effectual for the Reasons foresaid , and found that the Act against Paricide , could be no foundation of a Gift , because it only excluded the Murderer , and his Descendents , to succeed to the Person Murdered , by declaring expresly that the Murderers Collaterals should succeed , and so there was no place for the King. And as for the other Act of Murder under Trust , they found that there being no probation , it could work nothing , and there is no doubt , but though there had been Probation , that Act of Murder under Trust , doth not directly quadrat to this Case , upon that natural Trust betwixt Parents and Children , but only to Trust given by express Paction , or otherwise it could evacuat the benefit of the foresaid other Act anent Paricide , and would prefer the Fisk to the Collaterals of the Murderer , if he had done no wrong , contrair to the said Act , anent Paricide , which is not derogat by the other . Wallace contra Edgar . Eodem die . IAmes Wallace as Assigney by Iames Scot , to a Decreet obtained against Iohn Edgar in Drumfreis , having Charged thereupon , Edgar Suspends , and alleadges Compensation , upon Debts due by Scot the Cedent to the Suspender , before the Intimation of his Assignation ; and therefore according to the ordinary Course , Debts due by the Cedent , before Intimation , are Relevant against the Assigney , and condescends upon several Bonds and Decreets against the Cedent , assigned to the Suspender , before the Chargers Intimation . The Suspender answered , that albeit any Debt due by the Cedent to the Debitor , before Intimation , will be relevant to compense against the Assigney ; yet that will not extend to Sums assigned to the Debitor , before the Chargers Assignation , unless that Assignation had been Intimat , before the Chargers Intimation , because the Assignation only doth not Constitute the Suspenders Creditor , or the Cedent Debitor , until it be Intimat ; and so there being no debiium and Creditum , before the Intimation , there can be no Compensation , which is contributio debiti & crediti . The Suspender answered , that the Assignation Constitute the Right , and the creditum , but the Intimation was only necessar in case of Competition of other Assigneys , and he needed not Intimat to Scot ; quia intus habet , in respect Scot was owing him as much . The Lords found no Compensation , unless the Suspender had Intimat his Assignation to the Cedent , and so had Constitute him his Debitor , before the Cedent was denuded , by the Chargers Assignation and Intimation . Children of Netherlie contra The Heir . Ianuary 24. 1663. THe Children of umquhil Edgar of Netherlie , alleadging that their Father left to his Heir a competent Estate , and that he dyed before any Provision or Aliment appointed to them , and that the Heirs Tutor refused to Aliment them : Their Mother being also dead , therefore craved an Aliment to be modified , there being no compearence in the contrair . The Lords found the Brother , as being Heir to the Father , of a competent Estate , lyable to Aliment the Children being wholly unprovided , but determined neither the time , nor the quantity , till the Condition of the Estate were Instructed . Bain contra Laird of Streichan . Eodem die . THe Laird of Streichan being pursued by Bain , proponed a Reason of Compensation , and produced a Writ for instructing thereof , being called at the advising of the Cause . The Lords suffered him to Reform the Alleadgence , seing he instructed it instantly , by another Writ then was formerly produced . Sydeserf of Ruchlaw contra Wood. Eodem die . THere being mutual Contraventions betwixt Ruchlaw and Wood , both relating to a peace of Ground , upon the Marches of their Lands , which Ruchlaw alleadged to be his Property , and that Wood had contraveened by needful Pasturage thereon , himself being present , when he was desired to remove his Goods off the same : and the other alleadging Commonty , and that Ruchlaw had contraveened by wilful debarring him from his Commonty . The Lords before Answer , granted Commission to Examine Witnesses , hinc inde , concerning their Possession of Property , and Commonty ; and having advised the Testimonies , found that the Matter was not so clear as to be the ground of a Contravention ; and therefore assoilzied both Parties , but declared it should be free to them both , or either of them to turn their Libel into a Molestation , and to reform the same accordingly thereanent . They granted again Commission before answer , to Examine Witnesses , hinc inde , anent eithers Possession , and the indurance thereof , which was not cleared by the former Commission . Robert Grahame contra Iohn Rosse . Eodem die . IN a Competition betwixt Grahame and Rosse , and a third Party , all Compryzers , the posterior Appryzers craving to come in pari passu , by vertue of the late Act of Parliament . It was alleadged for Grahame , who had obtained Infeftment , that he ought to be preferred ; because albeit his Appryzing was since Ianuary 1652. yet he had been in Possession thereby seven years , and so had the benefit of a Possessory Judgement . This was Repelled , because the Act of Parliament was but late , before which there could be no ground to come in pari passu , and there was no exception in it , of these who had Possessed or not Possest , before the Act. Secondly , Grahame further alleadged , that he ought to be preferred ; because he was Infeft in an Annualrent out of the Lands , which is a real Right excepted by the Act of Parliament . Thirdly , That Rosse could not come in , because Rosses Appryzing was before 1652. and the Act of Parliament brings in only Appryzing since December , 1652. Fourthly , None of the Parties could come in with him , until first they payed him their proportionable part of the Composition , and Expenses bestowed out by him , conform to the Act. The Lords found that albeit Grahames Appryzing was not upon the Infeftment of Annualrent , but upon the personal obliegement for the Principal , and bygone Annualrents , upon Requisitions , which was a passing from the Infeftment of Annualrent ; yet that he might , pro loco & tempore , pass from his Appryzing , and might be preferred to his bygone Annualrents , upon his Infeftment of Annualrent ; in this Case of Composition , albeit there was yet no Appryzing upon the Infeftment of Annualrent ; and found that Iohn Rosses Appryzing before 1652. was not excluded , but behoved to be in the same Case , as if it had been after : But found that the other Appryzers before they came in , behoved to satisfie the Composition proportionally by the Tenor of the Act. Sir Robert Montgomerie of Skelmarlie contra Iohn Broun . Ianuary 28. 1663. SIr Robert Montgomery pursues Iohn Broun , for perfecting a Bargain agreed upon in word betwixt them , where Sir Rob●rt was to Dispone the Right of an Appryzing of the Lands of Fordel , for which John was to pay 10000. merks ; After which verbal agreement , Iohn Broun write a Letter to Sir Robert , in relation to the Bargain , bearing , that he was affrayed not to get the Money at the time agreed upon ; and then bearing the said words , all I can say now is , I am not to pass from what was spoken betwixt you and me . The Defender alleadged , that this being a Communing in word , anent an Heretable Right , est locus penetentiae , there being yet neither Minute , Disposition , or other Security , Subscribed . And as to the Letter , it was not to be respected , because it was no Minute , and mentionated , that the Writer was not fully resolved , that he would be able to provide the Money , and keep the Bargain ; as for the Word Signifying , that he would not pass therefrom , it did but express his present resolution , and was not Obligatory ; and though they were , so long as Sir Robert might resile , notwithstanding of the Letter , John Broun might also resile . It was answered for the Pursuer , that his Libel stood most Relevant , because there is only locus penitentiae , when there is no Writ ; but if any Party obliege himself to stand to a former Communing , his own voluntar Deed , has unquestionably oblieged him , unless the other did resile , and the Obligation is as valid in a missive Letter , as the most solemn Bond : Neither are words , I am not to pass , to be interpret , to signifie a Resolution , but being in materia obligatoria , must signifie an Obligation , otherwise all Minuts must be void , and are ordinarly expressed in such Terms , as are to do , or shall do such things : and whereas there was several Practicques , produced , finding locum penitentiae in such Cases , though they were Earnest , and though there were Possession , and a Letter whereby the Resiler designed another Party by the Lands Disponed , yet there was no Obligation in Writ , as in this Letter : and likewise Iohn Brown payed 3000. merks , of the price , albeit he took a Bond of borrowed Money , till things were perfected , and got the Keys of the Houses . The Lords found there was yet place to Resile , and therefore assoilzied . Margaret Stevenson and her Son contra Ker and others . Eodem die . MArgaret Stevenson pursues Margaret Ker , as vitious Intromissatrix with the Goods of her Husband , for payment of a Debt , wherein he was Cautioner . She alleadged absolvitor , because her Iutromission was purged , in so far as she had Confirmed herself Executrix Creditrix . It was answered by the Pursuer , non relevat , unless before intenting of the Cause . The Defender answered , it was sufficient , being within year and day , after the Defunct's Death . Which the Lords found Relevant . Lord Balnagoun contra M. Thomas Mckenzie . Eodem die . BAlnagoun as Donator to the Escheat of his Father , pursues Mr , Thomas Mckenzie for the price of some Lands , sold to him by his Father , and for the annualrents since . It was answered for the Defender , that there was no Annualrent due by the Minute ; and albeit it was the price of Land , yet Balnagoun had never made Mr. Thomas a Right to this day , but had forced him to be at a huge Expenses and Plea , and so was in mora , that the price was not payed : and albeit●he did possess the Lands , it was by redeeming Wodsets thereupon , contained in the Minute . The Lords found Mr. Thomas lyable either for the Annualrent , or for the superplus of the Rents of the Land , more then payed the Annualrent . In this Process it was found that the Probation of a Tenor , before an Inferiour Iudge was null . Margaret Edgar contra Iohn Murray . Ianuary 29. 1663. MArgaret Edgar having Charged Iohn Murray , as Cautioner for the umquhil Viscount of Stormont , he Suspends and offers him to prove by her Oath , that she transacted with him to accept a Decreet against the principal to free him . The Charger answered , that she being a Wife clade with a Husband , could not swear in his prejudice . The Suspender Replyed , that before her Marriage , he had raised a Pursuit , and Cited her to hear and see it found and declared , he was free of Cautionry , in respect of the said Transaction , and so the matter being Litigious , her marrying during the Dependence cannot exclude him from his Oath , but must work against her Husband , who is only jure mariti , a Legal Assigney . The Lords found this Reply Relevant . Scot contra Mr. John Dickson . Eodem die . SCot as Assigney by her Father to a Bond , Charges Mr. Iohn Dickson to make payment , he Suspends on this Reason , that the Assignation being while the Charger was Wife to Scot her Husband , the Sum belonged to the Husband , jure mariti ; and therefore craves Compensation of the like Sums , payed to , or for the Husband . The Charger answered , that though the Date of the Assignation was before her Husbands Death , yet her Father keeped the same in his Custody , and it was not Intimate till after the Husbands Death , and so the Right not being Established in the Wifes Person by Intimation , could not accresce to the Husband , unless the Suspender would instruct that it was Intimate before . The Lords found that seing the Assignation was now in the Wifes hands , they would not put the Suspender to prove the Delivery thereof , during the Marriage , but that it was presumed to have been delivered according to the Date , and that thereby it became the Husbands , jure mariti , though no Intimation was in his time . Archibald Stuart contra Bogle and Matthie . Ianuary 30. 1663. BOgle and Matthie being Conveened before Archibald Stuart , as Baillie of the Regality of Glasgow , for a wrong committed upon two other Persons in the Kirk , upon the Sabbath , thrusting in upon them in Seat , and beating them , they were therefore amerciat in 200. Pounds , half to the Party , and half to the Fiskall . It was alleadged the Fine was exorbitant , and that Inferiour Courts could not amerciat above ten Pounds , as it had been found by several Decisions . It was answered that this Court being a Regality , and the Fact so atrocius , the Fine was very Competent . The Lords Sustained the Decreet . Town of Linlithgow contra Inhabitants of Borrowstounness . Eodem die . THe Town of Linlithgow having apprehended an Inhabitant of Borrowstounness , in their Town , being an un-free man , and exercising the Trade of Merchandise , they put him in Prison , he granted Bond to forbear in all time coming : Likeas they fined him in a 100. merks , he Suspended and raised Reduction on this Reason , that the Bond was extorted , when so far as he was summarly taken , and put in Prison , and could not get out till he promised to give the Bond , and immediatly after he was out subscribed the same . The Charger alleadged there was no unjust force or fear , because by the Acts of Parliament , in favours of Free Borrows , all unfree men are discharged to exercise the Trade of Merchandise , whereupon they had obtained Decreet against the same Suspender to desist and cease therefrom . Secondly , They and all other free Borrows had immemorially possessed this priviledge , to apprehend persons found within their Town , and forced them to find Caution as Law will , upon Debt due to any in the Town , and particularly to put them in Prison , till they give such Bonds in Surety as this . The Suspender answered to the first , there was no such Warrand by the Act of Parliament , but only to Charge with general Letters , un-free men to find Caution ; and for the Priviledge of Borrows , to arrest un-free persons within their Towns ; it is only in case of Debts , and other Merchandises , due to Burgesses , but cannot be extended to this Case , where there is a special Order set down by Act of Parliament . The Lords found that the Burghs Royal summarly upon Staple Ware of un-free men , and might judge thereanent , but not summarly Incarcerate their Persons , but only to Charge them ; and found their Custom and Priviledge , not to extend to this Case ; and therefore found the Reason of Reduction Relevant . The Lady Carnagy contra The Lord Cranburn . Eodem die . LAdy Anna Hamiltoun and the Lord Carnagie her Husband , as having obtained a Gift of Recognition from the King , of the Barony of Innerweek , and being thereupon Infeft , pursues the Lord Cranburn to whom the samine was Disponed , by the Earl of Dirletoun , Grand-Father to both , for declaring the Recognition , and the Donatrix Right , in so far as Iames Maxwel , late Earl of Dirletoun , holding the saids Lands of His Majesties Ward , and relief had , without His Majesties consent , Alienat and Disponed the same to Iames Cicile his Oye , then second Son to the Lord Cranburn , procreat betwixt him and the Earl of Dirletouns second Daughter . It was alleadged for the Defender , absolvitor , because where there was no Infeftment , there could be no Alienation nor Recognition ; and there could be no Infeftment without the same were granted to the Disponer , or his Procurator , to the accepter to his Procurator ; but here there was no accepter nor Procurator , because Cranburn being then a Child , and in England , had granted no Mandat to take this Seasine ; and therefore had raised Reduction thereof , as done without his Warrand . And as to the Procuratory expead in the Chancellary , Constituting an Acturney to the said Iames Cicile , the expeading thereof was without his knowledge or warrand ; and therefore the Seasine being taken without his Warrant , was null , and made no Alienation nor Recognition , as if any Heretor Disponing Ward-Lands , and giving a Precept of Seasing , if any third Party should accidentally find , or steal away that Precept , and take Seasine , the same would be found null , as without Warrant , and would infer no Recognition . 2ly , Absolvitor , because the Disposition to the Defender , bears expresly , that Dirltoun Dispones , failzing Heirs-male of his Body , so that it being conditional , and the Seasine being actus legittimus qui nec recipit , di●m nec conditionem , the samine is null ; for if Di●ltoun had an Heir-male of his own Body , he would have excluded James Cicile , not by way of Reversion , or Retrocession , there being none such in the Disposition ; therefore it behoved to be a Suspensive Condition . 3ly . Absolvitor , because though the Seasine had been accepted warrantably , yet the Accepter was minor , and thereupon Leased , and ought to be restored and the Seasine annulled , and consequently the Recognition . The Pursuer answered to the First , non relevat , for albeit there had been no Acturney out of the Chancellary , the Seasine would have been valid , because there needs no other Procuratory , for taking of Seasine , but only the Precept of Seasine , which is an express Mandat of the Disponet , and the having thereof in the Acturneys hand , is a sufficient evidence of the Warrant or Mandat to be Acturney , for the Receiver , which proves sufficiently his Warrant , neither was there ever any more required to a Seasine in Scotland , and if more were required , all Seasines would be null , it being ordinar to give Seasines to Infants , or absents out of the Countrey ; but the delivery of the Precept by the Disponer , to any Person in Name of the Accepter , is a sufficient Mandat , or Acturney for the Accepter , especially here , where a Grand-Father gives Infeftment to his Oye , he might well give a Warrant to an Acturney for him to accept . To the second , albeit the Disposition bears , failing Heirs-male of the Disponers Body : Yet the Precept is directed to give present State and Seasine without delay ; whereby it is clear , that the Disponers meaning was not , that this condition should be Suspensive to impede the Infeftment : And therefore all it could operate is , to have the effect of a resolutive Condition , that if any Heir-male should be Supervenient , he might upon that condition pursue James Cicile to renunce the Right , or to declare it null , neither is a Seasine actus legittimus , and though it were , and were incapable of a day or condition , yet that would not annul the Act , but annul the condition or day , as aditio haereditatis , is actus legittimus : Yet if any man enter Heir for a time , or under condition , he is Heir simply ; and the time and condition is void , but not the Entry it self . To the Third , albeit regulariter , Minors Leased may be Restored , yet that hath its Exceptions , as a Minor being Denunced Rebel , and his Escheat fallen , or thereafter his Liferent , or bearing in Non-entry , either simply , or through a wrong or informal Infeftment , he would never be restored against these Casualities , so neither against the taking of Seasine , in so far as may infer Recognition . 2ly , There could be by the Seasine no Lesion at that time , Cranburn being then but his Mothers second Son , and not alioqui succ●ssurus , to the half of the Estate , as now he is ; neither is ever Lesion interpret by the prejudice of any part of a Deed , unless there were Lesion of the whole , as if Lands were Disponed to a Minor , with the burden of Debts , he could not reduce the burden of Debts as to his Lesion , unless thereby the whole Disposition were to his Lesion . The Lords Repelled these three Defenses . Rig of Carberrie contra His Creditors . Eodem die . THE Creditors of Carberrie having obtained a Decreet against Carberrie , and Denunced him thereupon , pursues for Annualrent since the Denunciation , conform to the Act of Parliament thereanent . The Defender alleadged Absolvitor , First , Because the Horning was manifestly null , he being Denunced in the Name of Richard the Usurper , after he was out of his pretended Authority . 2dlie , Because the Decreet being Suspended , a fifth or sixth part thereof was taken away . 3dlie , , The Denunciation was not at the Cross of the Regality of Musselburgh where he dwells , but at Edinburgh , 4lie , Before the D●nunciation he had given in a Bill of Suspension , whereupon there was a Deliverance given , superceeding Execution , till the Bill were seen and answered ; in the mean time these Pursuers getting the Bill to see , proceeded to Denunce . The Pursuers answered to the first , that it was nottour , and attested by the Keeper of the Signet , that Richard was repute in Scotland , to be in his Authority till the 18. of May 1659. till which the Signet was open , and many Letters past in his Name , and this Denunciation was upon the sixth of May , and the Charge in Aprile . In respect whereof , the Lords Repelled the first Defense ; They Repelled also the second Defense , as to the Annualrent of what was found due by the last Decreet . They Repelled the third Defense , because the Usurper had cryed down Regalities : and found the fourth Defense Relevant , scripto vel juramento , viz. That there was a Deliverance stopping Execution the time of the Denunciation . Rickart contra Eodem die . RICKART being Tacks-man of a Room of the Barony of Lowdoun , set the same to a Subtennent , for paying the Heretors Rent , and so much superplus , whereupon he Charged the Sub-Tennent , who Suspended , and alleadged that the Charger had sub-set to him as Tacks-man , and was obliged to produce his Tack to him , and being Warned by the Heretor , he did by way of Instrument require the Chargers Tack ( if he any had ) to Defend himself thereby , which he refused ; and the truth is , he had no Tack unexpired : Whereupon he was necessitate to take a new Tack from the Heretor , for the whole Duty he was obliged to pay to the Heretor , and Rickart before . The Charger answered non Relevat , unless as he had been Warned , he had also been Removed by a Sentence , in which the Charger would have compeared and Defended : And albeit he had not compeared , the Defender had this Defense competent , that he was Tennent to the Charg●● , by payment of Male and Duty , who had Right by Tack , either standing , or at least he bruiked , per tacitam relo●ationem , and he not Warned nor Called . The Lords found the Reason of Suspension Relevant , and that the foresaid Defense of tacit Relocation would not have been Relevant , tacit Relocation being only effectual against singular Successors of the natural Possessor . The Warning of whom is sufficient to interrupt the same , not only as to them who are warned , but any other Tacks-man , whose Tacks are expired , and therefore the Defense in that Case , must always be , that the Defender is Tennent , by payment of Male and Duty to such a person , who either is Infeft , or hath Tack and Terms to run after the Warning ; but if the Charger had a Tack standing , the Lords ordained him to produce the same , and they would hear the Parties thereupon . Charles Oliphant contra Dowglasse of Donnoch . February 3. 1663. CHarles Oliphant as Assigney Constitute by David Macbrair , Charges Dornoch to pay the sum of 1800 merks : Compearance is made for an Arrester , as having Arrested before the Assignation , at least before Intimation . The Assigney answered , no preference upon this Arrestment , because it was Execute upon the Sabbath Day , and so is not lawful : for by the Law of all Nations , Judicial Acts done by Authority of Judges , upon Legal Process , diebus feriates are null ; and there is an Act of Sederunt to that same effect . The Arrester answered , that there was no Law prohibiting such Executions , or declaring them null ; and though it was a fault and breach of the Sabbath to do so , that annuls not the Act , fi●ri non debet sed factum valet . The Lords were all clear that such Executions should be prohibit in time coming , but quo ad praeterita , some were non liquct ; Yet the major part found the Execution null , for they thought , that albeit Acts of privat Parties on the Sabbath Day , might stand legally valid , as if Extracts were Subscribed that day , or a Consignation made , ( which had been found valid by a former Decision ) yet judicial Acts , authoritate judicis , are null , else Messengers would ordinarly wait Parties upon the Sabbath Day , for all Execution by Horning and Caption , &c. Laird Phillorth contra Lord Frazer . February 4. 1663. SIR Alexander Frazer of Phillorth , being in Distresse for Debt , Disponed his Barony of Cairnbuilg ; to Robert Frazer of Doors , which Lands of Cairnbuilg lyes near to Phillorth , and the House thereof was his Residence , in the Alienation there is a Clause conceived to this effect , that it shall not be leisom to the said Robert Frazer of Doors , to Alienate the Lands , during the Lifetime of the said Sir Alexander Frazer , and if the said Robert Frazer did in the contrary , he obliged him to pay to the said Sir Alexander , the Sum of ten thousand pounds for Damnage and Interest , ex pacto convento , and if the said Robert should have a●do to sell the saids Lands , after the death of the said Sir Alexander , he obliged him to make offer there to the Heirsand Assigneys of the said Sir Alexander ; or any Person he pleased nominat of the Name of Frazer , for 38000 pounds . The said Robert Frazer of Doors , Disponed the saids Lands to Staniewood , during the life of Sir Alexander Frazer : Sir Alexander assigned the Contract , and the foresaid Clause to this Phillorth , whereupon he raised Improbation and Reduction , of the Disposition granted by Doors to Staniewood , the Lord Frazers Grand-Father upon this Reason , that he as Assigney by his Father to the Clause de non alienando , had good interest to pursue Reduction of the Disposition contraveening the said Clause ; and true it is that the said Disposition granted by Doors to Staniewood , was null ; as proceeding a non habente potestatem , in so far as by the foresaid Clause , in the said alienation granted by his Grand-Father to Doors ; it was expresly provided , it should not be leisom for Doors to sell , &c. Which being a Provision in the Disposition repeated , at the least generally in the Procuratory of Resignation , is pactum reale , effectual against singular Successors , as was lately found in the case of the Lord Stormont , and so must annul the Right made contrair thereto . 2ly , Albeit it were not a real Paction , yet unquestionably the Obligement not to Annalize , did personally oblige Doors , and thereupon there was an Inhibition raised before my Lord Frazers Grand-Father Staniewoods Right : And therefore the Disposition made thereafter ought to be reduced , ex capite inhibitionis . It was answered for the Lord Frazer , to the first member of the Reason , non relevat ; for such an Obligation , de non alienando● is reprobat in Law , as being contrair the nature of Property . 2ly , It is not reale pactum , albeit it were in the Charter or Seasine , much less being only in the Disposition , and in the Narrative of the Procuratory of Resignation thus , and to the effect the said Robert Frazer may be Infeft , upon the provisions and conditions in manner foresaid , but no further mention thereof ; in the Procuratory of Resignation or Infeftment , and so meets not with Stormonts Case , where the Clause was expresly resolutive , that in such a Case the Right should be null ipso facto ; and return to the next person who might be Heir of Tailzie . Which Clause was not only in the Disposition , but in the Procuratory , Charter , and Seasine Registrate ; and thereby equivalent to a Publication of an Interdiction : but here there is no resolutive or irritant Clause , nor any Right reserved to return in case of contraveening , nor is it in the Infeftment at all . As to the second , the Inhibition cannot make the Clause effectual to annul the Alienation , because Doors was not simply obliged , not to Alienat during Sir Alexanders Life , but if he did in the contrair , to pay ten thousand pound for Damnage and Interest , ex pacto convento , which cannot be understood of Damnage by delay , or Expence in attaining the principal Obligation , seeing it bears not as is ordinar by and attour performance , and the quantity thereof being so great , it must be evidently understood of the value of the principal Obligation , so that it becomes an alternative or restrictive Clause , whereby it was in Doors option , whether to forbear to sell , or to pay the ten thousand pounds if he did sell , so that the Inhibition can reach no further then to the ten thousand pounds , seing Doors by selling , became obliged for the ten thousand pounds . The Lords found the Defense Relevant , and that the Clause or Inhibition could extend to no further then ten thousand pounds . It was further alleadged for Frazer absolvitor , from the ten thousand pounds , because it being a Moveable Sum , fell under Sir Alexander Frazer his Escheat , which was Gifted to one Forbes , and declared expresly as to this ten thousand Pounds , and assigned to the Lord Frazer . The Pursuer answered that this Sum was Heretable , because it succeeded in the place of the principal Obligation , not to alienat for such a time ; and after that time to offer the Lands of Phillorth and his Heirs , for eight thousand pounds , which is clearly an heretable Clause ; and therefore this Sum coming in leu thereof , must belong to the Heir or Assigney , and so fell not to the Fisk , seing surrogatum sapit naturam surrogati , as Sums Consigned for Redemption of Lands before Declarator , are not moveable , but belong to the Wodsetters Heirs or Assigneys ; so in mutual Obligations , whereby one person oblieges to Dispone , or Resign Lands ; and another is oblieged for a price , the price would not belong to the Executor , or Fisk , but to the Heir ; any sums due for Damnage and Interest , not performing a Disposition , or upon Eviction , belongs to the Heir , not to the Executor . The Defender answered , that this sum is not in the case of any of the former alleadgences , neither is the question here , what would belong to the Executor , but what would belong to the Fisk , for Moveable Heirship belongs to the Heir and not to the Executor , and yet belongs to the Fisk , so do sums without Destination of Annualrents , wherein Executors are secluded . So also doth the price of Lands , when they are de presenti , sold by the Defunct . The Lords found this sum moveable and belonged to the Fisk , and therefore Assoilzied the Defender from that Member also . Mr. Ninian Hill contra Maxwel . February 5. 1663. MR. Ninian Hill pursues Maxwel as heir to his Father Iohn Maxwel , for payment of a sum due to be payed to Maxwels Relict yearly after his death , and assigned to the pursuer . The Defender alleadged absolvitor , because the Pursuers Cedent being Executor her self to the Defunct , was lyable for this sum , & intus habuit . It was answered for the Pursuer , that this being an annual , payment after the Defuncts death , it was proper for his heir to pay the same , not for his Executor , and if the Executor had payed it , he would get releif off the heir . Which the Lords found Relevant . Grahame contra Ross Eodem die . THe Parties having Competed upon Appryzings , being decided the 24. of Ianuary . Wherein the Lords found that none of the Appryzers should come in with him who was first Infeft , till first they payed their proportional part of the Composition and Expenses ; now having considered again the Tenor of the Act of Parliament , they found that they behoved to satisfie the whole , and that the obtainer of the first Infeftment should bear no share of it , that being all the other Appryzers gave , ●to got the benefit of the Act , to come in pari passu . Lenox contra Lintoun . Eodem die . LEnox being Married to Margaret Mcgie , who was an Heretrix , she dying , Lenox Son was Infeft as Heir to her , who dying also without Issue , this Lenox as his Brother by his Mother , and alleadging him to be appearing Heir to his Brother Lenox , in these Lands , whereunto his Brother succeeded to their Mother , craves Exhibitions of the Writs of the Lands , ad deliberandum . The Defender Lintoun alleadged absolvitor , because his Son being Infeft in the Lands as Heir to his Mother , his nearest Agnat on the Fathers side , his apparent Heir , and ●one on his Mothers side ; for we have no intrin succession , neither holds it with us , materni maternis , paterni paternis . Which the Lords found Relevant , and that the Father was apparant Heir to his Son , being once Infeft as Heir to the Mother , and therefore Assoilzied . Lady Carnagy contra Lord Cranburn . Eodem die . THis day afternoon the Lords Advised the rest of the Defenses , proponed for the Lord Cranburn , in the Recognition pursued at the Instance of my Lady Carnagy , who alleadged first , that Recognition was only competent in proper Ward-holdings , and not in blench Feu , or Burgage ; these only being feuda recta & militaria , and all others but fendastra ; But the Lands of Innerweek are not a proper Military Feu , holding Ward , being only a Taxed Ward , wherein the word Duties is Taxed yearly , and the Marriage is Taxed to so much , and so is in the nature of a Feu ; neither was it ever yet found in Scotland that a Taxt-ward did fall in Recognition . The pursuer answered , that the Defense is not Relevant to rule in our Law , being that alienation of Ward-lands , without the consent of the Superiour , infers Recognition , and neither Law nor Custom hath made exception of Taxt-wards , which have but lately occurred in the time of King Iames , who and King Charles were most sparing to grant Gifts of Recognition , whereby there hath been few Debates or Decisions thereanent , and there is no consequence , that because the Casuality of the Ward , when it falls , is liquidat and Taxed , or the value of the Marriage , that therefore the Fee is not a Military Fee , wherein the Vassal is oblieged to assist his Superiour in Counsel and in War , in the stoutest Obligations of Faithfulness and Gratitude ; and therefore his withdrawing himself from his Vassallage , and obtaining another to him , is the greater Ingratitude that the Superior had Taxed the benefite of the Ward , and Marriage , at low rates , which Casualties , cannot be drawn to prejudge the Superior , of other Casualties but on the contrair , exceptio firmat regulam in non exceptis . The Lords repelled this Defense . It was further alleadged , that here was no offer of a Stranger , but of the Vassals own Grand-child , who now is his apparent Heir in one half of these Lands , as being the eldest Son of his second Daughter : and Recognition was never found in such a Case . The Pursuer answered , that albeit the Defender be now apparent Heir to the Vassal Disponer , yet the Case must be considered , as it was in the time of the Disposition , when he had an elder Brother , the then Lord Cranburn living , and was not alioqui successurus : and the Lords had formerly found ; that an alienation of Ward-lands , by the Earl of Cassils to his own Brother , albeit he was his nearest of Kin for the time , having no Children , yet seing he could not be esteemed alioqui successurus , or Heir apparent , in regard the Earl might have Children , therefore they found Recognition incurred . The Lords repelled this Defense : 3ly , It was further alleadged , that there could be no Recognition , where there was no alienation of the Fee , without the the Superiors consent , here there was no alienation of the Fee ; because the Seasine being taken to be holden from Dirletoun , of the KING , not confirmed , was altogether null , and therefore Dirletoun was not Divested , nor Cranburn Invested , for such an Infeftment is ineffectual , and incompleat , till Confirmation , and could never be the ground of Pursuit , or Defense against any Party . 2ly , By such an Infeftment , the Superiors consent is a Condition implyed , for an Infeftment to be holden of the Superior , is null till Confirming , and implyes as much as if the Seasine had been expresly granted , si dominus consenserit , and so can be no obtrusion , or ingratitude . 3ly , Craig in his Dieges . de recognitionibus , Reports the Decision of the Lords betwixt Mckenzie and Bane , whereby they found , that the Seasine being unregistrat , was null , and inferred no Recognition , quia non spectatur affectus , sed effectus ; yet that was but an extrinsick nullity , much more here , the Seasine being intrinsically null . The Pursuer answered , First , That if this ground hold , there could be no Recognition , except by subaltern base Infeftments holden of the Vassal , in which there is far lesse ingratitude , there being no new Vassal obtunded , nor the Vassal withdrawing himself from his Clientel , nor any prejudice to the Superior , because subaltern Infeftments would exclude none of the Casualities of the Superiority , yet such Alienations , exceeding the half of the Fee , do unquestionably infer Recognition , though the ingratitude be no more then this , that the Vassal renders himself unable fitly to serve his Superior , by delapidating his Fee , or the Major part thereof , how much more , when he does all that in him is , to withdraw himself from the Superiors Clientel , by obtruding to him a Stranger , alienating from him the whole Fee , and albeit the Seasine be null , as to other effects , till it be Confirmed : Yet as Craig observes in the foresaid place , Vassalus fecit quantum in se erat . 2ly , Though by our Statute , or peculiar Custom , such Seasins unconfirmed are null ; yet by the Act of Parliament 1633. Anent Ward holdings , Recognition is declared to proceed according to common Law , which can be no other then the common Feudal Customs , by which Customs it is sure that the Recognition is chiefly inferred by the Vassals alienation : As to the implyed condition , si Dominus consenserit , though that were expresse , yet the Vassal giving Seasine , the Tradition of Seasine is inconsistant with such a condition , being understood , as a Suspensive condition , for he that delivers Possession de facto , cannot be said upon any condition not to deliver the same de facto , and therefore it is but protestalio contraria facto , and if it be understood as a resolutive condition , as needs it must , it impedes not the Alienation , but only might resolve the same . As to the Decision upon the not Registration of the Seasine una herundo non facit ver , and albeit it might be a rule in that individual Case . It cannot be extended ad alios casus , although it were a Statute , much lesse a Practick . The Lords also repelled this Defense . 4ly , It was further alleadged by the Defender , that Dirletouns Infeftment was granted by the KING , Haeredibus & assignatis quibuscunque , and thereby the KING consented , that he should dispone his Right to any Assigney , or singular Successor , and this Clause is equivalent to the ordinar Feudal Clauses , Vassallo & quibus dederit , which is ever understood to exclude Recognition , neither can this be understood to be stilus curiae , as when Assigneys are casten in in Charters passing the Exchequer ; but this is an original Grant under the KINGS own Hand . The Pursuer answered , that this Defense ought to be Repelled , because such Concessions , contrair to common course of Law , are stricti juris , and not to be extended ad effectus non expressos praesertim prohibitos , but the adjection of Assigneys is no ways to allow Alienations of the Fee , without consent , but to this effect , because Feuda and Benficia are in themselves stricti juris , and belong not to Assigneys , unlesse Assigneys be expressed ; and therefore albeit no Infeftment had been taken , the Disposition , Charter , or Precept could not be Assigned : so that this is adjected , to the end that those may be Assigned before Infeftment , but after Infeftment , Assignation hath no effect , and this is the true intent of Assigneys . In Dispsitions of Land , it is clear , when the Disponer is obliged to Infeft the Acquirer his Heirs , and Assigneys whatsoever , there is no ground whereon to compel him to grant a second Infeftment to a new Assigney ; but only to grant the first Infeftment to that Person himself , or to any Assigney whatever , which clears the Sense in this case . It hath also this further effect , that singular Successors thereby might have right to a part of the Lands , which though it would not infer Recognition if done , yet if there were no mention of Assigneys it would be null , and as not done in the same Case as a Tack , not mentioning Assigneys . The Lords Repelled this also . 5ly , It was further alleadged , that Recognition takes only place , where there is contempt and ingratitude , and so no Deed done through ignorance infers it , as when it is dubious whether the Holding be Ward or not ; and therefore Recognition cannot be inferred , seing there is so much ground here to doubt , this Right being a taxed Ward , and to his Heirs and Assigneys , and it is not clear , whether it would be incurred through a Seasine à se , or to one in his Family , whereupon the wisest of men might doubt , much more Dirletoun being illiterate , not able to read or write . It was answered , ignorantia juris neminem excusat . 2ly , Vbi est copia peritorum ignorantia est supina : Here Dirletoun did this Deed clandistenly , without consulting his ordinar Advocats , or any Lawyers , and so was inexcusable ; and if pretence of ignorance could suffice , there could be no Recognition , seing it cannot misse to be ignorance that any should do that Deed that will be ineffectual , and losse their Right . The Lords Repelled this Defense , and all the Defenses joyntly , and Decerned . Lord Loure contra Earl of Dundee . February 6. 1663. THe Lord Loure , pursues a Reduction of a Disposition made by Carnegy of Craig to the Earl of Dundee , as being posterior to the Pursuers Debts , and in prejudice thereof , upon the Act of Parliament 1621. against Bankrupts , and for instructing of the Reason , repeats the Disposition it self , being betwixt confident Persons , Cusing Germans , and without cause onerous , in so far as it bears Reservation of the Disponers , and his Ladyes Liferent , and Provision to be null , if Craig have Heirs of his Body , in whose favours Dundee is to denude himself , upon payment of his expense . The Defender alleadged , that the Lybel is not Relevant . Prim● , because Craig is no Bankrupt , nor any Diligence done against him , before the Disposition . 2ly , He is not insolvent by the Disposition , because there is reserved to him a Power to sell as much of the Land as is worth 80000 lib. for Debt , and so is not in fra●dm crea● oru● ; but the Pursuer ought to pursue for that Provision , either by Appryzing , or personal Action . The Lords found the Reason relevant and proven by the tenor of the Disposition , and therefore reduced , to the effect , that the Pursuer m●ght affect the saids Lands with all Legal Diligence for his Debt , as if the Disposition had not been granted ; for they thought , seeing , by this Disposition there remains not Esta●e sufficient , ad paratam executionem , and that there was no Reason to put the Pursuer to insist in that Clause , to restrict himself thereby to a part of the Land , but that he ought to have preference for his Debt , upon his Diligence , affecting the whole Land. William Montgomery contra Theoder Montgomery and Mr. William Lauder . February , 10. 1663. WIlliam Montgomery , as Donatar to the Liferent-escheat of Theodor Montgomery , pursues a special Declarator against the Tennents of Whit slide belonging to Margaret Hunter in Liferent , and now to Theodor , jure 〈◊〉 , for their Duties . It was alleadged , that the Horning was null , because the D●bt was satisfied before Denunciation . The Pursuer answered , that it was not competent , in the special Declarator , to question the nullity of the Horning . 2ly . Though it were in a general Declarator , it were not competent , not being instantly verifyed without Reduction . 3ly , It were not probable , but by Writ , before the Denunciation , and not by the Creditors Oath , or having discharges , being in prejudice of the KING , but that no hazard might be of ante-dating it , was required by Act of Parliament , that beside the Writ , the Parties should depone upon the truth of the Date . The Defender answered , to the first ; all Defenses competent in the general Declarator , are reserved in the special . To the second , there is a Reduction depending . The Lords found the Defense relevant , only scripto of the Denuncer . The Defender further alleadged the Horning was null , as being upon a null Decreet , and falling therewith in consequence . The Lords repelled the Defense , and found , though the Decreet were null through informality , yet the Horning would not be anulled , but the Partie was in contempt , in not Suspending debito tempore . Compearance was also made for Mr. William Lauder , who alleadged he had Disposition from the Rebel , before year and day run . The Lords found this Alleadgeance not relevant , unless it were alleadged to be for a just Debt , before the Denunciation . It was further alleadged for Mr. William , that the Pursuer granted Back-bond to the Thesaurer to imploy the Gift , by his appointment , and he offered to satisfye the Donatars Debt , and the whole expense of the Gift . The Lords found this not relevant , without a second Gift , or Declaration from the Thesaurer . Thomas Crawfoord contra 〈…〉 Eodem die . THomas Crawfoord , as Executor Creditor to Umquhile Robert Inglis Pursues some of his Debitors . It was alleadged no Process ; because Thomas , as Factor for Robert Inglis , had pursued the same Partie , for the same Cause , before the Commissaries of Edinburgh , wherein Litiscontestation was made : and so now it cannot be pursued elsewhere , but the Process , ought to be transferred and insisted in . The Pursuer answered , that he pursued then as Factor , but now as Executor-Creditor , who did not consider what Diligence Defuncts did : but might insist therein , or not . 2dly , This being a dilator , is not instantly verifyed . The Lords found the Defense relevant , but would not find it competent , unless instantly verifyed ; and because it behoved to be instructed by an Act Extracted . Catharine Frazer contra Heugh Frazer . February , 11. 1663. THe said Catharine only Child of a second Marriage , being provided to eight thousand merk of Portion , at her age of 14 years , but no oblidgment of Aliment , or Annualrent till then , pursues her Brother , as Heir to her Fathers Estate , being of a good condition for Aliment . He alleadges he was oblidged for none , not being Parent , nor his Father oblidged by Contract , or Bond for it . The Lords found an Aliment due , for the Pursuers Mother was not alive , and able to Aliment her . Lockie contra Patoun . February 12. 1663. ELizabeth Lockie Spouse to Doctor Patoun , pursues a Reduction of a Disposition , granted by her Husband , to certain Persons , as prejudicial to her Contract ; in which Contract there was a Clause , declaring Execution to pass at the instance of certain Persons , who concur with this pursuit . The Lords sustained the pursuit , though it was not for Implement , but for Reduction of a Right , impeding the benefit of the Contract , without concurse of the Husband , seing the Process was against a Deed of the Husbands , and he called passive . Earl of Southesk and Carnegy contra Bromhall . Eodem die . BRomhall having taken the Lord Sinclar with Caption , Southesk and his Son gave Bond , to produce him to the Messengers ; or to pay the Sum. on the third of February , betwixt two and ten , whereupon Southesk having reproduced him , craved by Supplication , his Bond up , or to be declared satisfied , and extinct . The Defender answered , First , He not being a Member , or Dependent on the Colledge of Justice , cannot be called thus summarily : especially to declare a Bond void , which is in effect a Reduction . 2dly , The Bond was not performed , in so far as the Lord Sinclar was not reproduced till the 4th of February . The Pursuer answered , that the Defender living in Edinburgh , and not compearing , the Bill , per modum quaerelae might be sustained . To the second , it being modica mora of one day , without damnage to the Defender , and there being trysting amongst the Parties all the time betwixt , it was sufficient . The Lords sustained the Petition , and found it extinct . Relict of George Morison contra His Heirs . Eodem die . THis Relict pursues for Implement of her Contract . It was alleadged she had accepted a Wodset , in full satisfaction thereof , which now being Redeemed , she could crave no more , but Re-imploying the Money to her in Liferent . The Lords found , that this acceptance by the Wife , being donatio inter virum & uxorem , she might now revock it , and therefore found the Heir lyable to make up what was in the Contract . The Town of Linlithgow contra Unfree-men of Borrowstounness . February 13. 1663. THe Town of Linlithgow insisted in their Charge , upon a Bond granted by some Inhabitants of Borrowstounness , oblidging them to disist and cease from us●ing the Merchant Trade , under the pain of 500 , merk which was Suspended , on this Reason , that the Bond was extorted by unwarrantable force , in so far as the Suspenders were taken in Linlithgow brevi manu , and incarcerat , till they granted the Bond. The Charger produced a Decreet of the Lords , in Anno 1643. against several Inhabitants in Borrowstounness , compearand , who having Suspended the general Letters , upon Act of Parliament , for finding Caution to desist , &c. The Letters were found orderly proceeded ; and the Town of Linlithgow impowred , not only to seize upon the Merchant Goods of the Inhabitants of Borrowstounness , if they medled in Merchant Trading , but also bearing , with power to put the Persons , using the saids Merchant Trade in Prison , till Justice were done upon them ; and thereupon alleadge , that the Suspenders being incarcerat , by vertue , and conform to the foresaid Decreet standing , there was no unwarrantable Force used . 2dly , They produced an Act of the Council of Linlithg●w ▪ Bearing the Suspenders , to have compeared before the Council , and to have confessed their wronging of the said Town , in the Trade of Merchandize ; and that there was Horning and Caption against them , for the Cause ; and therefore declared their willingness to grant the Bond in Question . The Suspenders answered to the First , That albeit the foresaid Decreet bear compearance , yet there is no Dispute in it , and it is evident to be by Collusion , and Surreptitious ; because this Conclusion now alleadged , is ultra petita , there being no such thing in the general Letters , nor doth the Decreet bear any special Charge given , neither is this Conclusion warrantable , by any Law , or Act of Parliament . 2dly , This Decreet could be no warrant to Incarcerat the Suspenders , because it is given only against some particular Persons , then living in Borrowstounness ; without calling either of the Barron or Baillies of the Burgh of B●rronie , and therefore is null , as to any other Persons ; and as to the Second Answer , upon the Act of Council , it cannot prove against the Suspenders , being only under the Town-clerks hand , not being a Process upon Citation , nor having a Warrnat subscribed by the Suspenders . The Lords having considered the Bond in Question , albeit they found the tenor thereof not to be contrair the Act of Parliament , yet found the same was unwarranttably taken , if the same was extort●d , as aforesaid , and found the Decreet of the Lords not to militat against the Suspenders , or to warrand that incarceration brevi manu , and found the Act of Council proved not agai●st the Suspenders and yet Ordained them to renew a Bond , by the Lords Authority of the like tenor . Elizabeth Fleming and Sir Iohn Gibson contra Fleming and Robert Baird . BY Contract of Marriage betw●xt the said Robert Baird , and his Spouse , he accepted 12000 merk in name of Tocher in satisfaction of all his Wife could succeed to , by her Father , Mother , Sister and Brothers , and discharged his Mother as Executrix , and Tutrix thereof ; Yet she having formerly put more Bonds in the name of Roberts Wife , then this Sum , and there being no Assignation to the remainder in the Contract , pursues the said Robert and his Spouse , to grant an Assignation thereof , and to pay what he had uplifted of the Sums , more nor his Tocher . The Defender alleadged the Summons are not relevant , he neither oblidged ex lege , nor ex pacto to Assign . The Pursuer answered , this being bona fidei contractus , the meaning and interest of the Parties is most to be respected , and therefore though it contains but expresly a discharge , which cannot be effectual , to lift the Sums from the Creditors , but would loss them to both Parties , he must Assign : especially , seing his acceptance of full satisfaction imports an oblidgment , to denude himself of the superplus . And which the Lords found relevant , and sustained the Summons . Walter Riddell contra Eodem die . WAlter Riddell , as Executor dative confirmed to one Liddell in the Ca●nongate , pursues his Debitors to pay , compears a Donator , as ultimus Haeres , and craves preference . The Pursuer answered . First , His Gift was not declared . 2dly . He offered to prove the Defunct had an Agnat , viz. an Uncle , or an Uncles Son. Which the Lords found relevant to be proven by Witnesses . Robertson contra Buchannan . February 14 1663. RObertson pursues Buchannan , to repay to him a sum of Money , who alleadged , that his Bond bearing to pay this Charger , or to Arthur Buchannan his Brother , it is alternative & electi● est debitoris , and he has compensation against Arthur , which is equivalent , as if he had payed him . The Lords repelled this alleadgance , and found that the Charger being deliverer of the Money , and now haver of the Bond , it could import no more , but that the other Brother was adjected for the Chargers behove , and that there is no option to the Debitor in such cases . Mr. Iames Forsyth contra Archibald Patoun . February 17. 1663. MR. Iames Forsyth , as Executor Confirmed to his Sister , pursues the said Archibald Patoun her Husband , for payment of her third of his Free Goods , at the time of her death . The Defender alleadged , First , By the Deceased Wifes Contract of Marriage with the Defender , she accepted a 1000 lib. for all she could crave by his decease , in case there were no Bairns of the Marriage , and albeit there was a Bairn surviving her , yet the Bairn shortly thereafter dyed . The Lords repelled this Defence , and found that the Bairn surviving the Mother , never so short was enough . It was further alleadged absolvitor , because the Deceased Wife having a Child surviving her , her share belonged to that Child , as nearest of Kin , and the Child being dead , belongs to the Defender , the Childs Father , as nearest of Kine to the Child , and cannot go back to the Mothers nearest of Kin ; because there is no succession of Cognats in Scotland . The Pursuer answered , that if the Child had been Executor Confirmed to the Mother ad eundo haereditate , would transmit the same to the Father , but there being no Confirmation haeredi●as mobilium jacebat , and the Goods remain yet still in bonis defuncti maritis , and albeit it was found in the case of Bells contra Wilkies , that it was not necessar to transmit moveables , that the Testament were execute ; yet in that case it was a Confirmation , which was esteemed an addition . The Defender answered , that he had done diligence to have it Confirmed , but during the Childs life , all Judicatories were stopped , and he had taken Instruments of his desire to be Confirmed : and alleadged , that as Bairns surviving would transmit their Legittime though they had done no diligence ; so this Bairn surviving alone was sufficient . The Lords found , that seing there was no Confirmation , the Right was not established in the Childs Person , and that the Right could not fall to the Father , but fell to the nearest of Kin of the Mother , and found it was not like a Legittime , which is only of the Fathers means , and not of the Mothers , and hath a special priviledge in Law , to be transmitted by more superviving . Margaret Hay contra Sir Geo●ge Morison . Eodem die . SIR Geoege Morison having granted a Bond to Umquhile Iohn Bell and Margaret Hay , the longest liver of them two in Conjunct-fee , and after their Decease , to the Bairns of the Marriage , the said Margaret , with concurse of the Bairns , charges for Payment , Sir George Suspends on this Reason ; that Margaret is but Liferenter , and the Bairns of the Marriage are but Feears ; and therefore , seing there was an Infeftment upon the said Bond , he ought not to pay the Sum , till the Bairns be Infeft as Heirs of Provision of the Marriage to their Father , and renunce the Infeftment . The Lords decerned , but superseded the Extract , untill the Bairns were Infeft , as Heirs of Provision to their Father : and did grant Renunciation , and found , that all the Bairns , Male and Female , joyntly and equally , behoved to be Served as Heirs of Provision to their Father in this Annualrent , and Infeft accordingly , and that by Bairns , was not to be understood the Heir of the Marriage only . Colonel Iames Montgomery contra The Heirs of Robert Halliburtoun Eodem die . IN a Declarator of Redemption of a part of the Lands of Collfield . The Lords sustained the Order , at the instance of the Collonel , as being a Singular Successor , albeit he produced not the Reversion , at the using of the Ordor , nor now , seing the Defender compeared and he offered to prove by their Oath , or their Curators , that they had the Contract of Wodset in their hand , both then and now . Birsh contra Dowglas . February 18. 1663. BIrsh an Inglish Woman pursues Catharine Dowglas , to pay a Bond , wherein she and her Umquhile Husband were oblidged . The Defender alleadged absolvitor , because it was a Bond stante matrimonio given by a Wife , which is null in Law. It was replyed it is Ratified Judicially , and the Defender oblidged never to come in the contrare upon Oath Judicially , which is the strongest Renunciation of that priviledge of Wifes , and it hath been frequently found , that minors making faith , cannot be restored lesionem conscientia ex juramento violato . The Lords having debated the case at large amongst themselves , found the Bond null notwithstanding of the Oath ; for they thought , that where the deed needed no Restitution , as in the case of minors , these deeds are valid , but the minor may be restored ; but in deeds ipso jure null , where there need no Restitution , an Oath cannot make , that ane Legal deed which is none , it was winne by a Vot or two , many thinking that such priviledges introduced by Custome or Statute might be Renunced , and much more sware against ; but that it were fit for the future , that all Magistrats were prohibited to take such Oaths of Wifes , or Minors , who are as easily induced to Swear , as to oblidge , and if they did , that they should be lyable to pay the Debt themselves . Dumbar of Hemprigs contra Lady Frazer . Eodem die . MY Lady Frazer , being first married to Sir Iohn Sinclar of Dumbeath , next to the Lord Arbuthnet , and last to the Lord Frazer , Dumbar of Hemprigs as Executor confirmed to Dumbeath , pursues her , and the Lord Frazer her Hushand , for his interest , for delivery , or payment of the Moveables of Dumbeath , intrometted by her . It was answered . That she had Right to the half of Dumbeaths Moveables , as his Relict , and her intromission was within that half . It was Replyed , that she had only right to third , because Dumbeath had a Bairn of the former Marriage , who survived him , and so the Executory must be imparted . It was duplyed , that that Bairn was for as familiat , married , and provided before her Fathers Death , and so was not in familia , and albeit , if there had been any other Bairns in the Family , that Bairns part would have accresced to them , yet being no other : It accresced to the Man and Wife ; and the Executory is bipartiti . The Lords found the Defense and Duply relevant , albeit it was not alleadged , that the Tocher was accepted , in satisfaction of the Bairns Part of Gear , unless those who have Right would offer to confer , and bring in the Tocher received ; in which case , they might crave a third , if the same were not Renunced , o● the Tocher accepted instead thereof . It was further alleadged for the Lord Frazer , that he could not be lyable as Husband ; because his Lady being formerly Married to the Lord Arbuthnet , he got the Moveables , and his Successors should be ●yable , at least in the first place . The Lords repelled the alleadgeance , but prejudice to the Lord Frazer , to pursue the Successors of the former Husband , for repetition , as accords . Mckenzie contra Iohn Ross. Eodem die . JOhn Ross having Appryzed certain Lands belonging to Mckenzie , there is a Pursuite of Compt and Reckoning intented , for declaring , that the Apprysing was satisfyed within the Legal . It was alleadged , that the Appryzer was not Comptable for more of the other Parties Minority then seven years , because , in the Act of Parliament 1621 Anent Appryzing , it is so provided , and albeit the meaning of the Act of Parliament was declared to be otherwayes , by the Act of Parliament 1641. Yet that Declaration was contrary to the clear meaning , by the general rescissory Act 1661. The Lords having considered the Rescissory Act● and the Reservation therein , of the Right of Private Parties following upon the deeds of these Parliaments . In Respect thereof , and of the Custome this 20 years , the Appryser useing to Compt for all , found the Appryser Comptable for the whole Year of the Minority . William Blair contra Anderson . Eodem die . William Blair as Assigny , by the Wife and Bairns of Mr. David Anderson , by his second Marriage , pursues his Daughters , both of the first and second Marriage , as Heirs of Lyne , for Implement of the second Contract of Marriage , and the Daughters of the second Marriage offering to Renunce to be Heirs of Line , but prejudice of their Provision , by Contract of Marriage , as Bairns of that Marriage . The Assigney insisted against the Daughters of the first Marriage , as lawfully Charged , &c. Who alleadged no Processe , because the Provision , by the Contract of Marriage , insisted on , run thus , That Mr. David obliged himself , and his Heirs-male , Successors to him in his Estate , but did oblige no other Heirs . Ita est , there is an Heir-male . The Pursuer answered , albeit Heirs-male were only expressed , other Heirs were not excluded : specially , seing he bound himself , so that the effect thereof would only be , that the Heir-male should be lyable primo loco . The Lords found the Heir-male lyable primo loco , and the Heirs of Line secundo loco , and found the Heir-male sufficiently discussed , by an apprizing of the Clause of the Contract of Marriage , in favours of the Heirs-male , they not being Infeft as yet , and having no other Right . Scots contra Earl of Hume . February 19. 1663. THe four Daughters of 〈…〉 Scot pursues an Ejection against the Earl of Hume , out of some Lands belonging to them . It was alleadged for the Earl absolvitor , because he entered into Possession , by vertue of a Decreet of Removing , given at his instance , Anno 1650. It was Replyed , that the Decreet was only against the Pursuers Mother , that they were never called , nor decerned therein . The Earl answered , First , That the Decreet was against the Mother , to remove her self , Bairns , Tennents , and Servants , and her Daughters were in the Family , being then young Bairns ; and he was not obliged to know them , they not being Infeft , but having only an old Right ; whereupon there was no Infeftment for 40. years the time of the Decreet . The Lords in respect of the Defense , restricted the Processe to Restitution , and the ordinary Profits , and decerned the Earl to restore them to Possession instantly , but superceeded payment of Profits till both Parties were heard , as to their Rights , for they found , that the Decreet of Removing could not extend to their Children ; and albeit they were not Infeft , yet they might maintain their Possession upon their Predecessors Infeftment , how old soever , seing they continued in Possession . Bessie Muir contra Jean Stirling . Eodem die . THe said Bessie Muir pursues her Mother , as Executrix to her Father , for payment of a Legacy of 8000. merks left in his Testament , subscribed by the Defender , and Confirmed by her , after her Husbands Death . The Defender alleadged absolvitor , because she , by the Contract of Marriage , was Provided to the Liferent of all Sums to be Conquest , and albeit she consented to the Legacy , it was Donatio inter virum & uxorem , and for her Confirmation , it cannot import a passing from her own Right , but only her purpose to execute the Defunc●s Will , according to Law , especially she being an illiterat Person . The Pursuer answered , that this Donation was not by the Wife , to , or in favours of the Husband , but of their Children , which , is not revockable , and also the Confirmation humologats the same , seing the Wife might have Confirmed , and Protested to be withont prejudice of her own Rigt . The Lords Repelled the Defense , in respect of the Reply . Cicil Ruthven contra Hay of Balhousie . Eodem die . CIcil Ruthven having granted a Bond to David Lamb , that thereupon he might Apprize from her an Annualrent , whereunto she was Apparent Heir ; whereupon she having obtained a Decreet , and now seeking Adjudication in Lambs Name ; Lamb produces under his hand a Writ declaring that his Name was but used in Trust , that he disclamed the Processe . The Lords , notwithstanding Sustained Proc●sse , being so far proceeded , in respect of the Declaration , bearing the Trust , and found he could not disclaim , in prejudice of the Trust. Lady Swintoun contra Town of Edinburgh . Eodem die . THe Magistrats , and Councel of Edinburgh , having granted them to be Debitors to the Lady Swintoun , by way of Act , conform to their Custom . The Lady supplicat , that the Lords would grant Letters of Horning upon the said Act , whereupon the Magistrats being Cited upon twenty four hours ; alleadged , they were not Conveenable hoc ordine , by suiting Letters of Horning upon a Bill , but it ought to have been by an ordinary Summons , either craving payment , or Letters conform . The Lords notwithstanding granted Letters of Horning . Baillies of Edinburgh contra Heretors of East-lothian and Mers . February 20. 1663. THe Baillies pursue these Heretors for so much allowed of the Maintainance of these Shires , of the moneths of August and September , 1650. And insisting on an Act of Litiscontestation , in Anno 1659. Whereby the Defenders having proponed a Defense of total vastation , the same was found relevant . The Defenders having now raised a review , alleadge that they ought not to have been put to prove total Vastation , seing Vastation was Notour , these Shires being the Seat of the War , where the English Aarmy lay , which ought to have freed them , unlesse the Pursuers had replyed , that the Heretors got Rent that year , and had been burdened with the Probation thereof . 2dly , The Order of Sir Iohn Smiths general Commissar , and also of the Provisors of the Army , bearing the Provisors to have Furnished such Provisions want Witnesses , and might have been made up since they were out of their Offices . The Lords adhered to the Act , and found the Defense of total Devastation , yet Relevant , in this manner , that the Heretors got no Rent , and granted Commission to receive Witnesses , at the head Burghs of the Shires , for each particular Heretor , to prove their particular Devastations , and Sustained the Order of the General Commissar , he making faith , that he subscribed an Order of the same Tenor while he was in Office. Hary Hamiltoun contra William Hamiltoun . February 21. 1663. HAry Hamiltoun pursues his Brother William , as behaving himself as Heir to their Father Iohn Hamiltoun Apothecary , to pay six thousand merks of Provision by Bond , and condescends that William intrometted with the Rents of the Lands of Vlistobe , whereunto his Father had Heretable Right . The Defender answered , that his Father was not Infeft , because he Infeft the Defender therein before his Death , Reserving only his own Liferent . The Pursuer answered , that the Infeftment was under Reversion , and was Redeemed by the Father , which Order , though not Declared , gave him the Right to this Land , and was more than equivalent to an Heretable Disposition , cled with Possession , which would make the Apparent Heirs intrometting , infer behaving as Heir , for the Declarator non constituit sed declarat jus constitutum . The Lords Repelled the Defense , and duply , in respect of the condescendence , and reply of the Order used . 2ly . The Defender alleadged absolvitor , because those Lands were Apprized from the Defunct , and thereby he was denuded , and so the Defender could not be Heir therein , at least he could have nothing but the Right of Reversion , which reacheth not to Mails and Duties . The Lords found , that unlesse the Defender had Title , or Tolerance from the Apprizer , the Legal not being expired , but the Debitor in Possession , his Heir intrometting , behaved as Heir , the Apprizing being but a Security , of which the Apprizer might make no use , or but in Part , as he pleased . Stirling contra Campbel . Eodem die . THe same last point was found betwixt these Parties , and also that the Heirs Intromission with the whole Silver work , so comprehending the best of them , which is the Heirship , was gestio pro haerede . Anna Wardlaw contra Frazer of Kilmundi . Eodem die . ANdrew Wardlaw having a Wodset upon some Lands of the Lord Frarzer ; The Debitor raises Suspension of multiple Poinding , against Anna Sister and Heir to the said Andrew Wardlaw , and Frazer of Kilmundi pretending Right by a Legacy , from the Defunct to the same Sum. The Heir alleadged , that it could be lyable to no Legacy , being Heretable . The Defender answered , primo , the Legacy was made in pro●inctu belli where there was no occasion to get advice of the Formal and Secure way of disposing of the Wodset , but the Will of the Defunct appearing in eo casu , it must be held as effectual as Testamentum militare in procinc●u , which needs no solemnities . 2ly , The Heirs Husband hath homologat the Legacy , by discounting a part thereof . It was answered , that no Testament whatever can reach Heretable Rights with us . 3ly , That the homologation of the Husband cannot prejudge his Wife , nor himself , quoad reliquum not discounted . The Lords found the Heirs had only right , except in so far as the Husband had homologat the Legacy , which they found to prefer the Legator to the whole benefit , the Husband could have thereby jure mariti , but not to prejudice the Wife thereaf●er . Iames Aikenhead contra Marjory Aikenhead . February 25. 1663. THe said Iames insists for the delivery of a Bond granted to his umquhile Father , and Assignation thereto , by his Father to him , against the said Marjory , producer thereof . It was alleadged no delivery , because the Assignation , in favours of the Pursuer , was never delivered , but keeped in his Fathers Possession , which cannot be accompted his Possession , seing the Pursuer is a Bastard . 2ly , The conception of the Assignation is to the Pursuer and his Heirs ; which failzing , to the said Marjory , and her Heirs , and he being now Minor , ought not to dispose of the Sum in her prejudice . The Lords Repelled the Defenses against the delivery , and found that the Pursuer , during his Minority should not uplift the Sum , till the Defender were called , and had accesse to plead her Interest . Adam Hepburn contr Helen Hepburn . Eodem die . THe Estate of Humby being provided to Heirs whatsoever ; umquhile Tomas Hepburn of Humby , in his Contract of Marriage . with Elizabeth Iohns●oun , provides the said Estate to the Heirs-male , and provides 25000. merks for the Daughters , there is a Clause of the Contract , Bearing , that it should be leisome to the said Thomas , at any time , during his Life , to alter the said Provision , or to dispone thereof , according to his pleasure ; thereafter , upon Death-bed he Disponed the whole Estate , in favours of his Daughter of the Marriage , being his only Child , Adam Hepburn his Brother , as Heir-male , intents Reduction of that Disposition , as being done in lecto Aegritudinis . It was alleadged , for the Defender , primo , Minor non tenetur placitare de Haereditate Paterna . The Defender is Minor , and now the Question of Reduction is , upon her Fathers Heretage . It was Answered , that the maxime holds not , where the Question is of the Disposition made to the Minor , whether valid or not , but where the Question is not upon the Minors Right , but upon the Fathers Right ; which Right of the Fathers , or Predecessors , the Minor is not holden to Dispute . The Lords repelled this Defense , in respect of the Reply . 2dly . It was alleadged absolvitor , because the Pursuer having only a Personal Provision , in his Favours , conceived in the Contract of Marriage , and there being as yet , no Infeftment to Heirs Male , the maxime , that no deed upon Death-bed , can be prejudicial to Heirs , can be extended to none , but such as are Special Heirs , and not to those who are by destination Heirs , which is less then if a Charter had been granted to the Heir Male , which according to Craigs Opinion , is but as nudum pactum , and an uncompleat Right and could not compell the Heirs of Lyne , to Resign : The Pursuer answered , that the maxime is general , and there is no Distinction by Law , or Custome ; whatsoever the Heirs be , so that a Person having a Right to Heretable Bonds , bearing Clause of Infeftment , whereupon no Infeftment had followed , could do nothing upon Death-bed in prejudice of the Heirs , who would have succeeded unto those Bonds , as to Craigs Opinion of a Charter , it is against Law , and the common Opinion now received that a Charter , or any Provision in Write is effectual against the granter , and his Heirs to compel them to compleat the same . The Lords repelled this Defense . 3ly . It was alleadged , absolvitor , because the maxime , can be only understood of the Heir of Lyne , as nearest of blood , so that nothing can be effectually done in their prejudice , but here the Diposition , is but in prejudice of an Heir Male , and in favours of an Heir of Lyne , in respect of whom the Heir of Male is but a Stranger , which is the more clear , because this maxime being very ancient , was produced before their was any Heir Male , or of Tailzie ; and because the Reason of the Law is founded upon the Natural Obligation , Parents and Predecessors have , of providing their Successors , and so can do them no prejudice : especially , when they are weak , and on Death-bed . The Pursuer answered , as before , that the maxime is general ; and there is no distinction introduced by Law or Custome of Heirs Male : and albeit the Law had introduced such Heirs since this Common Law ; yet in so far as it makes them Heirs . It gives them the Priviledge of Heirs , to which the Reason of the Law doth well Quadrat , which is not that Natural Obligation , but this presumption of Law , that Persons on Death-bed are facile , and weaker in their Capacities then at other times , and therefore the Law disables them at that time , to alter the Setlment of their Estates , as they were in their Health ; and so allows of no deed , in prejudice of any Heir of whatsoever kind , although in favours of another . The Lords repelled this Defense . 4ly . It was alleadged , that the Defunct , having himself constitute this interest of the Heir Male , had reserved this power to himself , to alter it during his life , can signifie nothing , unless it Impower him to do it on Death-bed , because , without any such Reversion , he might have altered the Tailzie , during his Leigpoustie . The Pursuer answered , Pactum privatorum non derogat jure communi ; Therefore this being a special part of our common Law , anterior to either Act of Parliament , or Practique , no privat Provision , or Reversion can capacitat any Person to do that which the Law declares void ; especially , being upon a Reason of weakness and infirmity , which is presumed in Persons on Death-bed , presumptione juris & de jure , admitting no contray probation , for it will not be admitted , to prove that the Disponer was in perfect soundnesse of mind , and therefore , if any Person should reserve a Power to Dispone , though he were not compos mentis : the Reservation would signifie nothing , so here neither is the ordinary word adjected , etiam in articulo mortis , or on Death-bed , and so cannot be extended to that case and can reach only to what is done lawfully , legittimo tempore & modo , and there is far lesse inconvenience , that a Cause should be superfluous , which is very ordinary , then that it should extend to take away common Law , neither is the Provision adjected as an expresse condition upon which the Tailzie was made , and no otherwise . The Lords repelled also this defense , in respect of the Reply , and so having advised all the Defenses , and Disputes in the afternoon , albeit the Parties had aggreed before hand , and the Heir of Lynes Portion doubled , yet the Lords were generally clear in the Decisions abovewritten , as relevant in themselves . James Cuthbert of Dragakers contra Robert Monro of Foules . February 26. 1663. THe said Iames pursues the said Robert Monro , as Heir to his Predecessor the Laird of Foules , for payment of a Debt due by him , and insists against him as behaving himself as Heir , by intromission with the Moveable Heirship . The Defender alleadged absolvitor , because it was not condescended , that the Defunct was a Person who could have an Heir , as to Heirship Moveable , as being Prelat , Baron or Burgess , and if the Lands of Foules be condescended on : It is offered to be proven , that he was denuded by Appryzing , before his Death to which Appryzing he had Right before he was Apparant Heir , being Tutor to another , who was Apparant Heir for the time , and therefore the Defender has neither behaved himself as Heir , by Intrommission with the Moveable Heirship , or the Rents of the Defuncts Lands . 3dly . The Defender died Rebel , and his Escheat Gifted , and Declared , and so nihil habuit in se bonis , and could have no Moveable Heirship . It is answered , for the Pursuer , to the first , non relevat , that the Lands were Appryzed from the Defunct , unless the Legal had been expyred , yet semel Baro semper Baro. 3ly . The Pursuer having taken Right to the Appryzing , while he was Tutor ipso facto , it accresced to the Pupil , and thereby was extinct , and cannot defend his Intromissions . 4ly . It was for a smal Sum , and satisfied by Intromission of a year or two , so that the continuance of the Apparant Heir in the Possession , after he was satisfyed is gestio . 5ly . The Gift and Declarator , if it was done during the Rebels Life , it was simulat ●etenta possessione , and so null . The Lords found the Appryzing not to purge the Intromission , unless the Legal had been expired , in Moveable , and his Apparant Heir might behave himself as Heir , by Intromission with the Rents of the Apprysed Lands ; but if the Legal was expired , they found it sufficient , and that semel Baro semper Baro is only to be understood presumptive , nisi contrarium probatur , as also they found the Defender his taking right to the Appryzing , while being Tutor , or continuing in Possession after satisfaction thereof , by Intromission not to infer the passive Title , and that the Gift and Declarator did take away the Heirship moveable , unless it were offered to be proven simul , or retenta possessione during the Rebels lifetime . Lady Milntoun contra Laird of Milntoun . February 27. 1663. THe Lady Milntoun pursues the probation of a Tenor of a Bond granted by Maxwel of Calderwood , her Husband , bearing , that in respect of his Facility he might be induced to dispose of his Wifes Liferent , and thereby redact them both to want and misery ; therefore he oblieges himself not to dispose thereof without his Wifes consent , seing he had no means but what he got by her , hereupon she used Inhibition , which she now produces as an Adminicle , and craves the Tenor of the Bond to be made up by Witnesses . The Defender having alleadged . that there behoved here to be lybelled and proven a special causus omissionis , because albeit it were proven that such a Bond once was , yet unless it were also proven how it was lost , it must be presumed to have been given back to the Husband , granter thereof , whereby he is liberat , and this is the course observed in the Tenors of all Bonds of borrowed Money . The Pursuer answered , that this was not like a Bond of borrowed Money , the intent whereof is , not to stand as a constant Right , but to be a mean to get payment ; but this Bond by its tenor was to stand as a constant Right , to preserve the Dilapidation of the Liferent , and so cannot be presumed to have been quite by redelivery thereof ; albeit it had been in the Husbands hands . The Lords before answer to this Dispute● Ordained the Pursuer to condescend what the effect of this Write would be , if it were made up ; for if it have no effect , there were no necessity to make it up . The Pursuer condescended upon the effect thereof thus , that it would be effectual as an Interdiction published by the Inhibition , to annual and reduce the Disposition of the Pursuers Liferent , made by her Husband , without her consent , in favours of Milntoun , her Step-son 2. This Bond being accessory to the Contract of Marriage betwixt the same , and the Marriage is pactum dotale , and must have the same effect , as if it were included in the Contract of Marriage ; and so is a Provision for Securing of the Pursuers Liferent to her self , and that no Deed by her Husband , without her own consent , should be effectual . The Defender alleadged that none of these Condescendences could be effectual , not the first , because if the foresaid Bond were an Interdiction , it would have no effect , unless it were instructed that the granter thereof were prodigus , and if it were Instructed that he was rei suae providus , it could take away the effect thereof , because an Interdiction is nothing else but constitutio Car●●torum prodigo ; where albeit it is done of course , periculo facientis sine causae cognitione with us : Yet if it be on an false Ground and Narrative , its ineffectual . 2ly . Though it could be instructed , that the Husband was levis ; yet the Interdiction is null , being to his own Wife , who cannot be his Curator , being sub potestate viri : Nor Curator to any other , much less can her Husband be made her Pupil , contrair to the Law Divine and Humane . Neither could the Bond be effectual , as a Provision adjected to the Contract of Marriage , because it being from an Husband to his Wife , so soon as he was Married , it returned to himself , jure mari●i , because nothing can consist in the person of the Wife , which belongs not to the Husband , jure mariti , being moveable , except an Aliment formerly Constitute to her in a competent measure . The Pursuer answered that she opponed the Bond , and further offered to restore to the Defender , all that he gave for the Disposition of her Liferent . The Lords after they had Reasoned the several Points , in jure , and found that without the offer , the Bond could not be consistent as an Interdiction , in so far as concerned the Husband to annul the Disposition , but were inclined to Sustain the same for the Wife , in so far as might extend to a competent Aliment of her Family to her Self , Daughter and Servants , not excluding her Husband : Yer they found the offer so reasonable , to Repay the Sum Payed for the Liferent , being 5000. merks , and the Liferent it self being eight Chalder of Victual , and eight hundred merks , that they found the effect of the Tenor would be to Restore either Party , hinc inde , but desired the Pursuer to let the Defender keep the Possession of the House and Lands , wherein there was many Woods newly cutted , he finding Caution to pay her eight Chalder of Victual , and eight hundred merks , which his Father was oblieged to make them worth by the Contract of Marriage . Sir William Gordoun of Lesmore contra Mr. James Leith . Iune 10. 1663. SIr William Gordoun of Lesmore pursues Mr. Iames Leith of New-lesly , as representing his Father , on all the passive Titles , and condescended that he behaved himself as Heir , by meddling with his Fathers Heirship moveable , and with the Mails and Duties of his Fathers Lands of New-lesly and Syde . The Defender answered to the first , that his Father could have no Heirship moveable , because he dyed Rebel , and so his hail Goods belonged to the King as Escheat . 2ly . If need beis , he offers him to prove that he dyed not only Rebel , but his Escheat was Gifted , and so as a Confirmation takes away vitious Intromission Moveables . So the Gift with the Escheat must purge vitious intromission with Heirship , being before intenting of this Cause . 3ly . He offers him to prove that the Heirship moveable was Confirmed promiscuously with the rest of the moveables , and that the Defender had right from the Executor , which Confirmation , though it could not be effectual to carry the Heirship , yet it was a collourable Title , to show that the Defender had not 〈…〉 miscendi , but that he meddled by a singular Title , and neither formerly drew an Heirship , nor meddled therewith , as Heir appearing . The Pursuer answered to the first , that it was not relevant that he was Rebel , nor that his Escheat , unless it had been Gifted before his Intromission , as well as before intenting of the Cause , and that the Defender had Right from the Donator . To the second , it was answered by the Pursuer , that the promiscuous Confirmation was not sufficient , because he offered him to prove , the Defender Confirmed his own Servant to his own behove . The Lords found that the Defenders Father dying Rebel , was not sufficient , unless it had been Gifted , and declared before intromission , and they found the Reply Relevant , that the promiscuous Confirmation was to the Defenders behove . As to the second Member of the Condescendence , the Defender alleadged , . that albeit his Father was Infeft , yet his Infeftment was only base , not cled with Possession ; and that the Defenders Title was by another Party , Possessing , and publictly Infeft before his Fathers Death . Which the Lords found Relevant . Iames Allan . contra Iames Paterson . Iune 17. 1663. JAmes Allan charges Iames Paterson as Cautioner in an Indenter , for a Prentise , set to the Charger for five years , and insists upon that Article of paying two dayes wadges for ilk dayes absence , and subsumes that the Prentise left his Service after the first two years , and was absent three years , The said Iames Paterson Suspends on this reason , that it must be presumed Collusion betwixt the Charger and his Prentise , that having gotten the Prentise Fee , and not learned him the Trade , he had suffered him to escape , never making intimation to the Suspender , that he might have brought him back to his Service , while now that he is out of the Countrey , and not knowing where . The Charger answered , that there was nothing to obliege him to make such intimation , neither could a sufficient presumption of Collusion be sustained . The Lords found the Letters orderly proceeded , either while the Cautioner caused the Prentise Re-enter , and serve out his time , or otherways payed fifty pound for damnage and interest , to which they modified the Charge . Margaret Fleming contra Iames Gilleis . Iune 18. 1663. MArgaret Fleming being Infeft in an Annualrent of 700. merks out of Houses in Edinburgh , in Liferent , with absolute warrandice from all dangers , perils and inconveniencies whatsomever ; pursues Declarator against the said Iames Gilleis , as Heretor , for declaring that her Annualrent should be free of all publick burden , since the rescinding of the Act of Parliament 1646. whereby Liferenters were ordained to bear proportional part for their Annualrents , with the Heretors . The Defender answered , the Libel was not Relevant , for albeit the Act of Parliament was rescinded , the justice and equity thereof remained , that whatever burden were laid upon Land , shouldly proportionably upon every part therof , and every profit forth of it . Which Defense the Lords found Relevant and Assoilzied . Francis Hamiltoun contra Mitchel and Keith . Eodem die . SIr Alexander Keith of Ludquharn being oblieged by Bond to Robert Mitchel in Leith , for the price of certain Bolls of Victual , was arrested in Leith , till he found Francis Hamiltoun Cautioner as Law will , and both being pursued on the Act , raised Advocation on this reason , that the Baillies of Leith had unjustly forced him to find Caution as Law will ; he not being dwelling in Leith , nor Leith not being a Burgh Royal , but a Burgh of Barony . It was answered , that the priviledge and custome of the Town of Edinburgh , was to arrest within Leith , and all other priviledges and pendicles thereof . The Lords found that it behoved to be condescended , in what place of Leith Ludquharn was arrested , for the Peer of Leith was a part of the Burgh Royal of Edinburgh , and was served by a Bailie of Edinburgh , called the Water Baillie , and if he was arrested there , it was valid , but the rest of Leith is but a Burgh of Barony , and in that part thereof , the Baillie is called Baron Baillie , it were not valid . Euphan Hay contra Elizabeth Carstorphine . June 19. 1663. THe said Euphan having obtained Decreet against the said Elizabeth , for certain Furnitur to her House . She suspended on this reason , that her Husband was not called . The Charger offered to prove , in ●ortification of her Decreet , that her Husband was 20. years out of the Countrey , and she repute as Widow . Which the Lords found Relevant . George Reid contra Thomas Harper . Eodem die . THese Parties competing in a double Poinding , George Reid craved preference , because he was assigned to the Mails and Duties by Thomas Mudie , Heretor of the Land. Thomas Harper alleadged that he had arrested the Duties upon a Debt owing to him by William Mudy , Father to the said Thomas , and any Right Thomas had , was fraudulent and null by exception , by the express words of the Act of Parliament 1621. being betwixt Father and Son , without any onerous Cause , and he ought not to be put to Reduce in re minima , his Debt being within a 100. pound . The Lords found he behoved to Reduce , conform to their constant Custom in Heretable Rights . Ferguson contra Ferguson . June 23. 1663. UMquhil Ferguson in Restalrig , having a Tack set to him by the Lord Balmerino for certain years , his eldest Brother Son as heir of Conquest , and his youngest Brother Son as heir of Line , competed for the Mails and Duties of the Lands . The Lords found the Tack to belong to the Heir of Line , albeit it was Conquest by the Defender . Mcdowgal contra Laird Glentorchy . June 24. 1663. Mcneil having Disponed certain Lands to Mcdowgal , wherein he was Heir apparent to his Goodsyrs Brother , oblieged himself , to Infeft himself as heir therein , and to Infeft Mcdowgal , at least to renunce to be heir to the Effect , Mcdowgal might obtain the Lands adjudged , whereupon Mcdowgal having raised a Charge to enter heir , Mcneil renunces , and thereupon Mcdowgal craves the Land to be Adjudged , and Glentorchy Decerned to receive and Infeft him ; Glentorchy alleadged , that he could not receive him , because he had right to the Property himself , unless the Pursuer condescend and instruct his authors , in whose place he craves to be Entered , had Right . The Pursuer answered , that lie needed to instruct no Right , nor was he oblieged to Dispute the Superiours Right , but craved the ordinar course to be Entered , suo periculo , with reservation of every mans Right , and the Superiours own Right , as is ordinary in Appryzings and Adjudications . The Defender alleadged , that albeit that was sustained in Appryzings , where the Superiour gets a years Rent ; and though it might be allowed in ordinar Adjudications , proceeding upon a liquid Debt , favore creditorum ; yet not in such a Case as this , where the Vassals apparent Heir Dispones , and oblieges himself to Renunce of purpose , to Charge his Superiour . The Lords found no Processe , till the Pursuer instructed his Authors Titles ; But an Infeftment being produced , he was not put to Dispute the validity thereof , in this instance . Menzeis contra Laird Glenurchy . Eodem die . THe Daughters of Mr. William Menzeis , as Executrix to him , pursues Glenurchy for payment of a Bond due to their Father , he alleadged minority and Lesion , and that he had Reduction thereupon depending . The Pursuers answered no Lesion ; because this Bond being granted to their Father , for his Stipend by the Defender , who was Heretor of the Land , he was not leased , because as Heretor he was lyable for the Stipend . The Defender answered that his being Heretor could not Obliege him , because his Grand-father was then living , whose Liferent was reserved in his Disposition ; who , and the intrometters could only be lyable , Stipends not being debita fundi ; and it were of very evil consequence , if the Heretor were lyable , during the whole life of a Liferent . The Lords found that there being a Liferenter , the Heretor was not lyable , and therefore sustained the Reason . Elizabeth contra Eodem die . THe said Elizabeth pursued the Executors of her Husband , and insisted upon several points ; First , she craved the Ann , as belonging wholly to her , seing there was no Children , and the Ann being in favours of the Wife and Children , the nearest of Kin could have no part thereof . The Defenders answered , that the Ann was introduced the time of Popery , when the had no Wife nor Bairns , and so did still most properly belong to the nearest of Kin , who would get it , if there were neither Wife nor Bairns . The Lords found the Ann to divide betwixt the Pursuer and the nearest of Kin. The Pursuer insisted next , and alleadged , that a Bond bearing Clausses of Annualrent and Obliegement to Infeft , behoved either to give a Right to the half of the Stock , or else to a Terce of the Annualrents . The Lords found the Clausses of Annualrent and Destination , to exclude her from the Stock as Heretor , and the want of Infeftment to exclude her from the Terce of Annualrent . The Pursuer insisted in the next place , and produced a Bond granted by her Father to her Husband , and here the longest liver of them two , and the heirs procreat betwixt them , without any addition or termination , failzing these heirs , and without Clausses of Annualrents or Infeftment , and therefore she claimed the whole Sum as being the longest liver . It was answered , that this Bond did Constitute in her only a Liferent , according to the ordinar conception and interpretation of that Clause , the longest liver of them two betwixt man and wife ; but especially heirs procreat betwixt them , being mentioned , which behoved to be the mans heirs , who if they had existed , would have had right as heirs to their Father , not to their Mother ; and therefore the Father behoved to be Feear , and the Mother only Liferenter . It was further alleadged , that beside the Liferent , the Pursuer behoved to have right to the half of the Stock , because the sum being moveable , albeit the Tenor of the Bond made it payable to the Relict for her Liferent use , yet she behoved to imploy it so , as the Stock would remain ; which Stock would still be divisible betwixt the Relict and nearest of Kin , as being moveable . The Lords found that the Pursuer might take her choise of the Liferent , or of the half of the sum , but would not allow her both . Iames Halyburtoun contra Lord Roxburgh . Ianuary 25. 1663. JAmes Halyburtoun as Assigney Constitute by his Father , pursues the Earl of Roxburgh , for payment of a Debt due to his Father . The Defender alleadged no Process , because the Assignation was not intimate in the Cedents Life , and so he was not denuded , but the sum remained in bonis defuncti . and behoved to be Confirmed , especially , seing this Assignation is a general Assignation , omnium bonorum , without condescending upon this or any other particular . The Lords Repelled the Defense and found Process . Ninian Steuart of Askoege contra Steuart nf Arnhome . Eodem die . NInian Steuart as heir to his Father Askoege , pursues Reduction of a Transaction of a Tack , which Tack was Assigned to him by his Wife , and by him Transferred to Iohn Steuart heir of a former Marriage . The Reason of Reduction was , because the Translation was on Death-bed , in prejudice of the heir . The Defender alleadged Absolvitor , because the Pursuer is Witnesse in the Translation , which imports his consent . The Pursuer answered that Subscribing as Witnesse , could import no more , but that the Witness saw the Party Subscribe , but did not obliege to take inspection of the Contents of the Write . 2ly . The Pursuer when he Subscribed was minor . The Defender answered , that in this Case , the Subscribing as Witness behoved to import consent , because that very Subscription it self by the Father , being sick , did import a Deed done on Death-bed ; Especially it not being a Testament but a Writ , inter vivos ; and for the minority , the Pursuer was in confinio majoris aetatis , and suffered the Defender to possess twenty years , long after his anni utiles was past . The Lords found the Subscription , as Witnesse in this Case to import consent , and being quarreled inter annos utiles , they found sufficient to a minor , though in Confirmation . Gordon contra Frazer . Iuly 3. 1663. GOrdon having Confirmed himself Executor Creditor to Forbes of Auchinvil , pursues 〈…〉 Frazer his Relict for Delivery to him of the Moveables , who alleadged absolvitor , because the Moveables upon the Mayns of Achnivil , were Disponed to her by her umquhil Husband . it was answered , that the Disposition was simulat , inter conjunctas personas retenta possessione , and therefore null . It was duplyed , that the Disposition was upon an onerous Cause without simulation , because it bears to be in respect that by the Defuncts Contract of Marriage , he is oblieged to Infeft his Wife in five Chalder of Victual out of Auchnivil , for the Aliment and Intertainment of his younger Children , till the age of fourteen years ; and because he was necessitate to sell that Land , therefore he Disponed the moveables in leu thereof , which is also instructed by the Contract of Marriage . The Pursuer answered , that this is but a provision to Children , and could not be preferred to the Defuncts Creditors , especially being a provision before the Children were existent , and if such should be allowed , it were easie upon such latent provisions , in favours of Children to prejudge Creditors . The Defender answered , that if the Pursuers Debt had been anterior to the Contract of Marriage , he might have had ground upon the Act of Parliament 1621. but this Debt was posterior to the Contract , and there was no reason to hinder a Parent to provide his Children , and Dispone Moveables to him in satisfaction thereof . The Pursuer answered , that both being yet but personal obliegements , not having obtained effectual Possession ; the Creditor though posterior , must be preferred to the Children , especially if the Defunct have not sufficient Estate to pay both . 2ly . The Disposition is upon a false Narrative ; because the Lands of Auchnivil are yet undisponed . The Lords found that the Childrens Disposition ought to be preferred , unless the Father were insolvendo at his death : in which case they preferred the Creditors , though posterior ; and likewise found the alleadgence Relevant , that the Narrative was false , and so the Disposition without a Cause . Isobel Mow contra Dutches of Bucleugh . Iuly 7. 1663. THe said Isobel having Served Heir to William Mow , her Grandsyre Charges the Dutches as Superiour , to receive her ; she Suspends , and compearence is made for certain persons , to whom the Chargers Father had Disponed the Lands in question , who raised Reduction of the Defenders Retour and Infeftment , upon this Reason , that the Retour was null , Serving the Charger Heir to her Grandsyre , as last Vest and Seased , whereas they produced the Infeftments of their Uncle and Father , as Heirs to their Grandsyre in these Lands ; and therefore instructed that her Grandsyre dyed not as last Invest and Seased , as of Fee , but her Father their Author . It was answered for the Charger , that the Retour could not be taken away , hoc ordine , by Reduction , but behoved to be by a Summons of Error , for Reducing the Service by an Inquest of Error , to be pursued in Latine , by a Precept out of the Chancellary . It was replyed , that there needed no Service of Error , but the Retour and Infeftment might be Reduced , unless there had been the question of propinquity of Blood , of a nearer Heir , which might have made the Inquest an Assise of Error , which could not be in this case , seing the Inquest had done their Duty , who 〈…〉 produced one of the Grandsyres Seasine found him to have dyed last Vest and Seased , as of Fee , and neither could know , nor was oblieged to know , that there was a posterior Infeftment to the Defenders Uncle or Father . The Lords found the Reduction receivable , hoc ordine . Hamiltoun contra a Dumb man in Glasgow . Iuly 9. 1663. THis Dumb Man having Right to an Annualrent of twenty pound yearly out of a Tenement in Glasgow , thereupon 〈…〉 Hamiltoun his Creditor having arrested , and obtained Decreet for payment of this Annualrent , in Satisfaction of the Dumb-mans Debt . It was alleadged for the Person whose Bond was lyable for the Annualrents , Absolvitor for five years thereof , because he had payed these years to the Dumb-mans Sister by his consent , in so far , as he Delivered the Money to the Sister in presence of the Dumb-man , and obtained her Discharge thereupon , in his name ; subscribed also by him , with the initial Letters of his name . It was answered , non relevat , because the Discharge bore not that the Dumb-man received the same , but his Sister : and bears that she is obliedged to warrant it at the Dumb-mans hand , and his presence , and seing of Money Delivered , and his Subscription cannot import his consent , because he being Dumb could not know what the extent of the Sum was , nor whatfor years it was . The Lords Repelled the Defense in respect of the Reply . Mr. Thomas Kirkcaldy contra Mr. Robert Balcanquhil , and Heretors of Tranent . Eodem die . THe Heretors of Tranent raised a double Poynding against Mr. Robert Balcanquhil , on the one part , and Mr. Thomas Kirkcaldy , on the other part , both claiming the Stipend of Tranent , 1662. It was alleadged for Mr. Robert Balcanquhil , he ought to be preferred , because he was Minister at Tranent , by Presentation , and Collation , long anterior to Mr. Thomas Kirkcaldy ; and albeit he was Deposed in Anno 1648. yet he was Reponed by the Bishop of Edinburgh , and Synod of Lothian , in October 1662. because of that Narrative , that he was unlawfully Deposed in Anno 1648. and so being Reponed before Martinmass 1662. he thereby must have Right to the half , due at Martinmass 1662. It was answered for Mr. Thomas Kirkcaldy , that Balcanquhils Repossession being after Michaelmess , 1662. which is the Legal Term of Stipends , and he having Served till that time , by a Title standing , Reposition can operat nothing before its Date , and so cannot reach to Michaelmass Term : The Lords preferred Mr. Thomas Kirkcaldy to the hail year . William Hay contra Iohn Nicolson . Iune 16. 1664. JOhn Nicolson having granted an Assignation in Anno 1653. of a Bond granted to him by Iames Crightoun , Sheriff of Nithisdail , principal ; and umquhil William Livingstoun Cautioner , the name of the Assigney was left blank till 1663. at which time William Hayes name was filled up , and which Assignation contained a Clause of Warrandice against all deadly , as Law will : William Hay having used Execution on the Assignation , against the Principal and Cautioner in the Bond , returns upon the Warrandice , and Charges Nicolson , who Suspends on this Reason , that the Clause of Warrandice , as it is conceived in the Assignation , could import no more , then that the Debt Assigned , was a real Debt resting , and not to be Evicted by any other Right , Especially seing it did not bear expresly , to warrand it to be good , valide and sufficient , which might infer to warrand , not only that the Assignation should clear the Right of the Debt , but that the Debitor should be solvendo . And secondly , considering that there is no onerous equivalent Cause for granting the Assignation , Nicolson the Creditor might have Discharged , Livingstoun the Cautioner , and given him an Assignation , that he might thereupon Charge the Principal . The Charger opponed the Clause of absolute warrandice , which have ever been esteemed to reach to the Debtors , being solvendo . The Lords found the Claúse thus concieved , could not extend to the sufficiency of the Debtor . Thomson contra Reid . Iune 15. 1664. JAmes Thomson in Cryle having Appryzed certain Tenements in Edinburgh , from Iames Sinclar , pursues Iames Reid , as one of the Possessors , for Mails and Duties , who alleadged that he had bruiked by Tack from Iames Sinclar , before the Appryzing ; which Tack bare 80. pound of Tack Duty , and to continue for seven years , and bare expresly a provision , that the said Iames Reid should retain the Annualrent of 600. merks adebted to him by Sinclar , as a part of the Tack Duty , and that he should not be removed , untill the said 600. merks were payed . The Pursuer answered , that the alleadgence was no way Relevant , to accompt the payment of the 80. pounds of Tack Duty to the Pursuer , out of which the Defender could have no Retention of his Annualrent , because that is but a personal provision , adjected in the Tack , and no part of the Tack , and can work no more , then if such a Provision had been made out of the Tack , in which Case it would only have been a part of the Tack Duty in Compensation of the Annualrent , as an Assignation , would not be effectual against a singular Successor , and would endure no longer then the Land was his , who assigned the Duties ; So now the Land ceassing to be Sinclars , the Assignment or Alocation thereof , to be retained for satisfaction of the Annualrent , is not Relevant against this Appryzer , no more then that part of the Clause , by which the Defender is provided , not to remove till his Sum be payed , which was never sustained to be effectual against a singular Successor . The Defender answered , that this Defense stood Relevant , because the Clause of Retention , is adjected immediatly to the Tack Duty , and so is as a part thereof , and so is real and Effectual against a singular Successor , because if Sinclar had set the Tack for a grot , it would have been valid ; and therefore might more set it for the satisfaction of the Annualrents , and so much Duty further . The Lords Sustained the De●ense , that seing there remained a Tack Duty , over and above the Retention of the Annualrent , and that the Tack had a particular Ish of seven years , that it was valid ; but found the Case dubious , if there had been no Tack Duty over and above the Annualrent ; but that the Land had been either set expresly for satisfaction of the Annualrent , or for such a sum equivalent thereto , to be retained : In which case the Tacks would want a Tack Duty to the present Here●or ; but they ●ound the Clause , for not Removing till the mony were payed , but only to be personal , and not effectual against a singular Successor . Murray contra the Executors of Rutherfoord . Iune 16. 1664. JAmes Murray pursues the Executors of Katharin Rutherfoord , Wife to Doctor Guild , to pay a Legacy of 600. merk , left by Katharin in her Testament to Iames , in these words , I leave to Iames Murray 600. merks , whereof 200. merks is in his hand , due to me by Bond ; which Bond I ordain to be delivered up to him , and four more , to be payed to him . The Defender alleadged , that they could be oblieged no further then to Discharge the Bond of 200. merks , with warrandice from their own Deed. The Pursuer answered that the Bond belonged to Doctor Guild the Husband , jure mariti , and was recovered by his Heirs and Executors , already from the Defender ; and therefore this being legatum rei alienae . The Defender behoved to make it effectual , and to pay it out of the Defuncts free Moveables , especially seing 600. merks was left , and the Adjection was but the Destination of the manner of payment of it , by Liberation ; and which failzing , the principal Legacy stands , and must be fulfilled and adduced , a Decision the last Session , betwixt contra whereby a Legacy of a Heretable Bond was ordained to be made up by the Executor , out of the Moveables . The Defenders answered , that their Defenses stood yet Relevant ; for Legacies being poor Donations , did not carry warrandice , so that a thing Legat being Evicted , the Legator had it but cum peri●ulo , and that in the Law , legatum rei alienae est praestandum ; because Legacies being favourable , whereby the Testator leaves there expresly , under the name of that which belongs to another , his meaning is extended , to purchase that , or the value thereof to the Lagator ; but where he leaved it as his own , and his knowledge of the Right of another , appears not there , as in all Donations , the Legator hath it upon his peril , without warrandice ; as if a Testator should leave a Bond , or sum , to which he had right by Assignation , if it were found that there were a prior Assignation intimat , and so the sum Evicted , the Lagator would have no remeid : Or if he left a sum due by a Bond , defective in some necessar Solemnity , as wanting Writer and Witness , such Bond failing , the Legator could not return upon the Executor , and for the instance of an Heretable Bond , that is not alike , because it was not res aliena , but propria testatoris , though not test●ble . The Pursuer answered , that Legacies were most favourable , and ever extended , and that this was lega●um re alienae & ex scientia testatoris , for the Testatrix that a Bond conceived in her name , during the Marriage , would belong to her Husband , jure mariti , at least she was oblieged to know the same , for s●ire & scire debere , parificantùr in jure . The Defender answered , that the Action hold not in mulieribus presertim ubi questio est in partibus juris ; as in this Case the Testatrix was , and might be ignorant of the Extent of the jus mariti● . The Lords Repelled the Defenses , and sustained the Libel and Reply , to make up the palpable and known Law , that the Testatrix was Repute , as knowing the same , and that having a half of her Husbands Goods , Testable by her , she might leave the sum as a part of her half , that there was no necessity to devide every sum , but the whole , as many Co-executors discharging a Bond , the Discharge is Relevant , not only for that Co-executors part , but for the whole Bond , if that Co-executors part exceeded the value of the Bond , but the Lords did not find that the Executors behoved to make up every Legacy , that were evicted , or that they were lyable , de evictione . Tulliallan and Condie contra Crawfoord . Eodem die . TVlliallan and Condie pursues a Declarator of an Appryzing , led against them , as satisfied and payed within the Legal , by Intromission , and as an Article , adduces a Discharge of a part of the Sum Appryzed . The Defender alleadged , that the alleadgence was not now competent , because it was res judicata , before the Lords of Session , in Anno 1637. where the same alleadgence being proponed in a Suspension . The Lords found not the same instructed ; and therefore found the Letters orderly proceeded , yet conditionally superceeding Execution of the Decreet , till such a day , that in the mean time , if the same were instructed ; the Instructions should be received , and nothing was produced during that time , so that it cannot be received more , then 27. years thereafter to take away an Appryzing cled with long Possession , and now in the Person of a singular Successor . The Pursuer answered , that his Declarator founded upon the said Article , was most just and relevant ; it being now evident , that the Sum Appryzed for , was payed in part , and as for the point of formality , albeit in ordinary Actions , where Terms are assigned to prove , and so a competent time granted to search for Writs , if Certification be admitted regularly , it is valide , and yet even in that case , the Lords will Repone , upon any singular accident in a Suspension , ubi questio non est de jure , sed de executione . The Lords would not delay Execution , unless the Reasons be instantly verified . Yet in petitione , will not take away the Right . The Lords sustained the Defense , and would not sustain the foresaid Article , in respect of the Decreet , in foro contradictorio , though in a Suspension here , there was no Alleadgence that the Writs were new come to knowledge , or newly found , nor could be , because it was alleadged one in the Decreet . Mr. Iohn Hay . contra the Collectors of the vacant Stipends . Iune 17. 1664. THe Parochiners of Manner , which is a Pendicle of the Parsonage of Peebles , being Charged for the Stipend of the year 1662. Suspends upon double poynding , and calls the Ministers Collectors of the vacant Stipends , and the Parson of Peebles ; the Minister alleadged that he was presented by the Parson of Peebles Patron , in August 1662. after which he continued to Preach at the Kirk , and was still upon his Tryals till he was Admitted in October 1662. and therefore the whole years Stipends 1662. belongs to him , because the Legal Terms of Teinds and Stipends , is not as of other Rents , Whitsonday and Martinmass , but one Term for all , viz. the separation of the Fruits at Michaelmess ; and therefore if he had had Right to the drawn Teind , he might have drawn the whole , so the whole Tack Duty must belong to him . It was alleadged for the Parson of Peebles , that this Kirk being a Pendicle of his Parsonage , and some time served for a less , and some times for a more Stipend , as he agreed ; it is not a fixed Stipend , but as a helper , and therefore the vacancy thereof belongs not to the Collector of the vacant Stipends , but returns to the Parson who has Right to the whole Fruits of the Benefice , by his Right of Presentation and Collation . It was alleadged for the Collectors of the vacant Stipends , that his Stipend was not as the allowance of an helper , but was a several Congregation , separate from the Parsonage of Peebles , and at the Parsons Presentation , and that no helper has a Presentation , and that the Incumbent , not being admitted till after Michaelmess , has no Right to any part of the Fruits of that year , though he was Presented before , because the Kirk cannot be said to be full , but vacant , till the Minister be admitted . The Lords found that this Kirk having a Presentation , could not return in the vacancy to the Parson of Peebles , and that the Presentation being at Lambas , and the Incumbent serving at the Kirk , and Entring to his Tryals immediatly , till he was Entred , which was in October thereafter , and that he had Right to the half of that years Stipend , not being presented before Whitsonday , and found the other half to belong to the Collector of vacand Stipends . Lairds of Tulliallan and Condie contra Crawfoord . Eodem die . THe Lairds of Tulliallan and Condie , as having a Right from him , pursues Declarator of the Expiration of an Appryzing , led at the Instance of Crawfoord , to which Margaret Crawfoord his Daughter , has now Right , and condescends that the sum Appryzed for , was satisfied within the Legal by Compensation , in so far as Tulliallan had Right to a Contract , whereby Crawfoord the Appryzer was oblieged to deliver so many Chalders of Coal weekly , or in Case of Failzie , four pounds for ilk Chalder . It was alleadged for the Defender , that this Article of Compensation ought to be repelled : First , because the said Contract is prescribed . 2ly . The Appryzing proceeded upon a Decreet of Compt and Reckoning , wherein an Alleadgence being founded upon the same Contract , was past from , pro loco & tempore , and so can never now be made use of , to take away that Decreet , much less the Appryzing against a singular Successor , who seing the same past , in tuto , to take Right without the hazard thereof . 3ly . The Defender cannot be oblieged after fourty or fifty years time , to prove the Delivery of an yearly Duty of Coal . 4ly . The Compensation is not de liquido in liquidum , because the one is a personal Contract , the other is an Apprysing and Infeftment ; the one hath not a liquid price Constitute , but bears expresly , such a Sum in case of failzie , and not as the price , which being much more , then the ordinar price then is but a personal failzie , which cannot be liquidat till Declarator , and modification of a Judge . The Pursuer answered , that he was evicting the rigor of an Appryzing , in causa maxime favorabili . And as to the first alleadgence anent the Prescription , offers to prove Interruption by Arrestments , &c. To the second not Relevant , according to the Custome , before the years 1649. competent and omitted , was not relevant against Decreets of Suspension ; But Suspenders might either omit , or pass from their Reasons , and Suspend upon them again , which could not but be alswell effectual against the Assigney as the Cedent . As to the third , this Article being instructed by Writ , no presumption , nor less time then Prescription , could take it away . To the which , the Coals having a liquid Sum in lieu thereof , the Article is liquid , and as payment within the legal , will annul an Appryzing , so will Compensation , which is equiparat in Law , though the Case would not be alike in a Wodset , against a singular Successor . The Lords found the Defenses against this Article relevant , viz. that the Article was not liquid by a Sum , Constitute expresly for a price , and that it being alleadged , that in the Decreet this alleadgeance was past from , and an expresse reservation , that it might be made use of against any other just Debt , then that which was in the Decreet , whereupon the Appryzing proceeded . The Lords had also consideration , that the Legal of the Appryzing was not yet expired . Lyon of Muirask contra Laird of Elsick . Eodem die . LYon of Muirask pursues the Laird of Elsick upon a Debt of his Fathers , as Successor titulo lacrativo . The Defender alleadged absolvitor , because any Disposition he had from his Father , was in his Contract of Marriage , whereby 10000● merks of Tocher was received by his Father , and 14000. merks of Debt more , undertaken for his Father , with the burden of his Fathers Liferent . The Pursuer answered , the alleadgeance ought to be repelled , because he offered him to prove , that the Land Disponed , was then worth fourty or fifty Chalders of Victual , so that the Cause onerous was not the half of the value ; and therefore as to the Superplus , he was Lucrative Successor . The Defender answered , that any onerous Cause , or price , though incompetent , was enough to purge this passive Title , and albeit the Pursuer might reduce the Right , and make the Lands lyable , because the Cause was not onerous and equivalent , yet he could not be personally lyable in solidum , for all the Defuncts Debts . The Lords having seriously considered the bussinesse , after a former Interlocutor the last Session , Assoilzing from the passive Title , but finding the Lands redeemable by the Pursuer , or any other Creditor , for the sums payed out , did now find further , that the Defender was lyable for the superplus of the just price of the Land , according to the ordinar Rate the time of the Disposition , and that the superplus over and above what he payed or undertook , ought to bear Annualrent , as being the price of Land. Iames Iustice contra Earl of Queensberry . Eodem die . IAmes Iustice as having right to a Bond of 6000. merks , due by the Earl of Queensberry , pursues the Earl , and the Lord Drum●anrig his Son , as taking his Estate , with the burden of his Debt , to pay it ; who alleadged no Processe , because the Pursuers Right was an Assignation , granted by a Tutrix , not bearing in Name of the Pupil , or as Tutrix , in his Name , because being in infancy he could not subscribe : but bearing to be done by her , as taking burden for the Pupil . The Lords found the Assignation not formal , not bearing the Pupil Disponer with his Tutrix , but yet found the Letters orderly proceeded , the Charger before Extract , producing a Ratification by the Pupil and Tutrix formally done . Laird of Prestoun contra Nathaniel Ebred . Iune 24. 1664. THe Laird of Prestoun pursues Reduction and Improbation , against Nathaniel Ebred , of all his Rights of certain Lands . The Defender alleadged Absolvitor , because the Lands in question are Abbay-lands , Erected in a temporal Holding , in favour of Prestoun ; and therefore by the Act of Parliament , 1633. all such Lands are annexed to the Crown , and the Feu-duties are only found due to the Lords of Erection , ay and while they be redeemed , which is repeited in the 30. Act of Parliament , 1661. and therefore the Pursuer not being Superiour , but the King , he has no interest to Improve of Reduce . The Pursuer answered , that he opponed his Infeftment of the Lands holden of the King , with the Kings Advocats concurse . The Defender answered , that the Advocats concurse was but ex stilo curiae , and he could make no concurse sufficient , for any Improbation and Reduction , without the Kings special order . The Lords found the Defense Relevant and Assoilzied , at which time it was remembred , that Sir Thomas Hope insisting in an Improbation of his Good-son , the same was not Sustained , because it wanted the Kings expresse Order . Town of Cowper contra Town of Kinnothy . Eodem die . THe Town of Cowper having Charged the Town of Kinnothy to desist from Merchant Trade . They Suspend , and alleadge , that they have the Priviledge of Burgh of Barony , in keeping Hostlers , and selling Wine . The Charger answered , that selling of Wine is one of their chiefest and expresse Priviledges . The Lords considering , that this dipped upon the Controversie , betwixt Burgh Royal and Burgh of Barony , which has remained undecided these thirty years , would not Discusse this particular , but found the Letters orderly proceeded in general , ay and while the Defenders found Caution to desist from Merchant Trade , without determining how far that reached . Moffet contra Black. Eodem die . THere being a Bargain betwixt the said Moffet and Black , for some Packs of Plaids , by which it was agreed , that the buyer for satisfaction of the price , should give Assignation to certain Bonds exprest ; but there was no mention what Warrandice . At the Discussing of the Cause the Seller craved absolute Warrandice ; and alleadged , that seing it was not Communed , that it should be a restricted Warrandice , it behoved to be an Absolute , being for a Cause onerous , and for the price of the Goods . 2ly . Seing the Agreement required an Assignation in Writ , to Bonds ; the Buyer might , re integra resile , seing neither the Plaids nor Bonds were Delivered . The Lords found that thē Buyer , who insisted , behoved either to give absolute Warrandice , that the Bond was not only due , but should be effectual , and the Creditor solvendo , otherways they suffered the Seller to Resile , especially seing the Bargain was not made first by words , Absolute for such a price , and afterwards that it had been agreed to give such Bonds for that price ; In which case the Bargain , though verbal , would have stood . Alexander Falconer . contra Mr. Iohn Dowgal . Eodem die . ALexander Falconer pursues Mr. Iohn Dowgal , for payment of 1000. merks , left in Legacy by umquhil Iohn Dowgal , by a special Legacy of a Bond , adebted by the Earl of Murray , whereupon he conveens the Earl as Debitor , and Mr. Iohn Dowgal as Executor , for his Interest , to pay the special Legacy . The Exceutor alleadged , that the sum belonged to him , because he had Assignation thereto from the Defunct , before the Legacy . The Pursuer Answered , that hoc dato , there was sufficiency of Free-goods to make up this Legacy ; and albeit it had been legatum rei alienae ; yet being done by the Testator scienter , who cannot be presumed , to be ignorant of his own Assignation , lately made before , it must be satisfied out of the rest of the Free-Goods . Which the Lords found Relevant . Duke and Dutches of Hamiltoun contra Scots . Eodem die . DUke and Dutches of Hamiltoun , being Charged for payment of a Sum , due to umquhil Sir William Scot of Clerkingtoun , and assigned by him to his four Children , alleadged that by Act of Parliament Commission was granted for deducing so much of his Creditors Annualrents , as should be found just , not exceeding eight years ; and therefore there could be no Sentence against him , as to that , till the Commission had decyded . The Pursuers answered , that these Annualrents were not due for the years during the time the Duke was Forefault by the English , which ended in Anno. 1656. and they insist but for the Annualrents since that year . It 's answered for the Duke , that albeit he had payed many of these years Annualrents by force of Law , then standing , yet that could not hinder the Deduction , but that he would have Repetition or Deduction , in subsequent years . The Pursuers alleadged , he behoved to seek the Heir for Repetition , and could not deduce from them . The Lords in respect of the Commission , would not Decide nor Discuss the Alleadgence , anent the years Annualrent , but Superceeded to give Answer , till the Commission had determined , even till seven years after the Forefaulture , to make up these that was payed before . In this Process , compearence was made for Sir Laurence Scot , the Heir and Executor Dative , who alleadged that there was 2000. merks of the Sum belonged to him , because his Fathers Assignation to the Children , contained an express Division of their shares , which was so much less then the hail Sum Assigned . The Children answered , they opponed their Assignation , which bare expresly an Assignation to the hail Sum , and Bond it self : and albeit the Division was short , it was but a mistake of the Defunct , and cannot prejudge the Assigneys . Which the Lords found Relevant . George Melvil contra Mr. Thomas Ferguson . Iune 25. 1664. GEorge Melvil pursues Mr. Thomas Ferguson his step-son for the value of his aliment , after the Mothers Decease . The Defender alleadged● Absolvitor , because the Defunct was his own Mother , and he had no means of his own , and it must be presumed that she Entertained him free , out of her Maternal Affection , and that his Step-Father did the same , after he had Married his Mother . The Lords sustained the first part of the Defense , but not the second anent the Step-father after the Mothers decease . Alexander Allan contra Mr. John Colzier . Eodem die . ALexander Allan pursues Mr. Iohn Colzier , to pay a sum of ninety two pounds , adebted for the Defenders Mother , and that upon the Defenders Missive Letter , by which he oblieged him to pay the same The Defender answered absolvitor , because by the missive produced , he offered him to become the Pursuers Debitor , for the sum due by his Mother , being about ninety two pounds ; but by a Postcript , requires the Pursuer to Intimat to him , or his Friends at Falkland , whether he accepted or not , which he did not then till after the Defenders Mothers Death , and so it being a Conditional offer , not accepted , is not binding . Which the Lords found Relevant and Assoilzied . Cauhame contra Adamson . Eodem die . THomas Cauhame having Appryzed a Tenement in Dumbar , from Ioseph Iohnstoun , pursues Iames Adamson to remove therefrom , who alleadged Absolvitor , because this Apprizer could be in no better case , then Iohnstoun from whom he Appryzed , whose Right is affected with this provision , that he should pay 600. pounds to any person his Author pleased to nominat ; Ita est , he hath Assigned the Right to the Defender , so that it is a real Burden affecting the Land , even against this singular Successor , and included in his Authors Infeftment . The pursuer answered , that albeit it be in the Infeftmen , yet it is no part of the Infeftment , or real Right , but expresly an obliegment to pay without any Clause Irritant , or without declaring that the Disponers Infeftment should stand valid , as to the Right of that Sum. The which the Lords found Relevant , and Repelled the Defense , but superceeded Execution until some time that the Defender might use any means he could for making this Sum to affect the Land. Farquherson contra Gardiner . Eodem die . MR. Iames Farquherson having obtained a Decreet of Spuilzie , against Iohn Gairdiner and others . Gairdiner Suspends on this Reason , that he medled with the Goods in question , as a Souldier in a Party in Arms , being then in the Regiment of the Master of Forbes , under the Command of the Earl of Midletoun , and therefore is freed by the Act of Indemnity . The Charger answered , that he oppons the Act Indemnifying only these who Acted by Warrand of any Committee of Estates , or Commander , or other Authority , so that it is not Relevant , unless the Suspender alleadge , that as he was a Souldier in Arms , so he had such Warrand , and did apply the particulars to the publick use , under which he served : And it is offered to be proven , that he took the Goods lybelled to his own House , and made use of them to his privat use . The Suspenders answered , that this Reason stands Relevant as proponed , because it is clear by the Act of Indemnity , that all things done under any pretended Authority or Command , are Indemnified ; and therefore there is a special Exception of privat Thefts and Robberies , which confirms the Rule as to publick Pilledging in any War , and if there were a necessity to every person to instruct the Command , or Warrand of his Officer , which was not accustomed to be in Writ , the whole Act would be elusory ; so that it is sufficient , that the thing was done in the way of a publick War ; otherwise , all that was taken or converted to privat use , of those that were either with Montrose or Glencairn , might ly open to Pursuits , notwithstanding of the Act of Indemnity . The Lords after serious Consideration of this , as a leading Case , found the Reason of Suspension Relevant , that the Defender needed not to prove that he had Warrant , but that the Warrant was presumed , if he proved he Acted with a Party in War , against which , they would admit no contrary Probation , unless it were offered to be proven by the Defenders own Oath , that he did without any Warrant , converted the Goods to his own privat use . Margaret Inglis contra Thomas Inglis . Eodem die . MArgaret Inglis having obtained a Decreet before the Commissars of Edinburgh , against Thomas Inglis , for giving her Security of 1000. pounds in Legacy , left in her Fathers Testament , and for payment of the Annualrent of the said Legacy . Thomas Suspends on this Reason , that the Legacy being left to be payed , the one half at the Chargers marriage , and the other half at the Death of the Defuncts Wife ; buire no Annualrent , as neither doth any other Legacy , much less this , being in diem incertum , which is equivalent to a Conditional Legacy : For if the Defuncts Wife had Survived the Legatar , or if she never Marry , nothing will ever be due . The Charger answered , that this Legacy was in effect alimentar , though not expresly left eo nomine ; and therefore ought to be profitable , and that the Lords had been accustomed to give Annualrent in such cases , as in the case of the Lady Otter , and her Daughters . The Suspender answered , that the case was far different , these being lawful Daughters , and their Provisions being in lieu of an Estate of Land , and this Charger being but a Bastard , and come to that age that she may serve for her Maintainance . The Lords considering that the one half of the Sum was payable at the time of the Chargers Marriage , being a Condition in her own power , and that it was not favourable to put her to a necessity of Marry : Therefore they sustained Annualrents for that half , but not for the other . Brown contra Lawson . Iuly 6. 1664. ALexander Brown having obtained a Decreet against William Lawson , as vitious Intrometter with the Goods of umquhil William Lawson of New-milns , he Suspends , and alleadges the Decreet was unjustly given , because it beares , that he excepted upon a Disposition , made by the Defunct for an Onerous Cause , and an Instrument of Possession of the Goods before his Death . The Charger answered , that the Decreet did bear , that the Suspender did judicially acknowledge , that there was no true Delivery of the Goods . The Lords found this collourable Title sufficient to purge the passive Title of vitious Intromission , providing the Defender Confirmed within four moneths , for they thought the Defuncts Disposition , in articulo mortis , was rather as a Testament or Legacy , in satisfaction of the defenders Debt , then as actus inter vivos . Iohn Miln contra Hoom. Iuly 7. 1664. JOhn Miln Mason , having Charged Sir James Home of Eccles , for payment of a Sum of Money , due by Bond , he Suspended , and alleadged that he had the benefit of the Act betwixt Debitor and Creditor , as to personal Execution , seing he had payed a years Annualrent , and had consigned a Bond of Corroboration , joyning the rest of the Annualrents to the principal . The Charger answered , the Suspender could not crave the benefit of the Act , because he had not found caution for the principal , and annual conform to the said Act for his naked Bond of Corroboration , without Caution , could not be interpret Security . The Lords found the Suspender behoved to give security , either by Caution or Infeftment . Ogilbie and Grant contra Ker. Eodem die . THere being a Charge in the Name of Iames Ogilbie and William Grant , contra Mr. Andrew Ker Minister , on this ground , that by a minut of Contract of Alienation , Ogilbie had sold to Ker , certain Lands , and Ker was expresly Bound by the minut , to pay this Grant and others , in part of the price of the Land , certain Debts due by Ogilbie to them . Ker Suspends upon this Reason , that he had satisfied Ogilbie , and obtained his Discharge . Grant answered , that by the foresaid Clause , contained in the Minut , he had acquired right to the Sum , in satisfaction of his Debt , which Ogilbie his Debitor could not take away , without his consent , especially seing the Minut took effect ; and the Suspender by his Missive Letters , after the Date of this Discharge , Writ to the Laird of Pitmeddin , who was Cautioner to Grant , that he would satisfie the Debt . The Suspender answered , that the Clause in favour of Grant , who was no Contracter , could not give him a Right : First , Because it was never a delivered Evident to Grant. 2ly . Because it was but a Mandat , whereby Ogilbie the Contracter , did order a part of the Sum to be payed to Grant , which Ogilbie might recal at his pleasure , as he might have annulled the Bargain , and destroyed the Writ ; especially seing nothing had yet followed . And as for the Letters , they were not Written to Grant , but to a third Party . The Lords found , that seing the Bargain took Effect , the Clause in Grants favour , was not a simple Mandat , but a Delegation , whereby Ogilbie constitute Ker his Debitor , to be Debitor to Grant his Creditor , which needed no Intimation , being Contracted by , and so known to Ker himself ; and therefore found Ogilbies Discharge ineffectual . Town of Edinburgh contra Lord Ley and William Veatch . July 8. 1664. IN a Double Poynding , raised by the Town of Edinburgh , against my Lord Ley on the one part , and William Veitch upon the other . The Ground whereof was this ; The Town of Edinburgh being Debitor to umquhil Dowglas of Mortoun , in a Sum of Money , his Son Confirmed himself Executor to his Father , and Confirmed this Sum , which was Arrested in the Towns hands by William Veatch , first ; and thereafter by my Lord Ley. It was alleadged for William Veatch , that he ought to be preferred , having used the first Diligence by Arresting , several years before my Lord Ley , and having obtained Decreet against the Town , before the Commissars , but before it was Extracted , my Lord Ley obtained Advocation . It was alleadged for my Lord Ley , that he ought to be preferred , because the sum Arrested being due to umquhil Dowglas of Mortoun . There was never a Decreet obtained at the Instance of this Executor , establishing it in his Person ; and therefore this Competition being betwixt William Veatch , who was only the Executors proper Creditor , and not the Defuncts Creditor . The Defuncts Money ought to be applyed : First , to pay the Defuncts Debt , before the Executors Debt , albeit the Executors own Creditor had done the first Diligence . The Lords found , that the Lord Ley , as being Creditor to the Defunct , ought first to be preferred , seing now he appears before the Debt was Established in the Person of the Executor . Nisbit contra Lesly . Eodem die . JOhn Nisbit , as Assigney Constitute by Major Drummond , Charges Lachlan Lesly to pay four Dollars for ilk Souldier of sixty , conform to a Contract betwixt Major Drummond and Lodovick Lesly , for whom Lachlan was Cautioner . Lachlan Suspends on this Reason , that the Charge is to the behove of Francis Arneil , who was Conjunct Cautioner , and bound for mutual Relief , and therefore he can ask no more , then his share of what he truely payed in Composition . The Charger answered , that he nor Francis Arneil , were not Charging on the Clause of Relief , but on the principal Contract , as Assigney : And though he had gotten Assignation thereto gratis , he might crave the same , except his own part . Which the Lords found Relevant . Heugh Kennedy contra George Hutchison . Eodem die . HEugh Kennedy as Assigney by Sir Mark Ker , to a Bill of Exchange , which was drawn by George Hutchison , upon William Schaw at London , payable to Sir Mark , for like value received from him , did obtain Decreet against George Hutchison and one Schaw , as Intrometters with the Goods of William Schaw , both for the Bill it self , and for the Exchange , and Re-exchange ; the Bill being Protested for not payment . This Decreet being Suspended , it was alleadged that there could be no Exchange , or Re-exchange , nor any thing payed for the Bill , because the Bill was not lawfully protested , but being accepted by Schaw at London , he shortly after dyed ; and it was protested at his house where he dyed , before none of his Relations , having neither Wife nor Children . The Charger answered , that he took Instruments on the Defense , and alleadged , that he needed not to prove the passive Title . Secondly , That he had done all that was requisit , having protested at the Dwelling-house where Schaw resided . The Lords found , that in this Case , that Death Interveening , which was an Accident , there could be no Exchange nor Re-exchange , because this was no voluntar Failz●e , nor fault ; But found that the Charger , as Assigney , might either take himself for the single value against the Person drawer of the Bill , or to his Successors on whom it was drawn . Earl of Airly contra Iohn Mcintosh . Eodem die . THe Earl of Airly pursues Iohn Mcintosh for Contravention , and Lybels these Deeds , that the Defenders Herds had been found Pasturing several times far within his Ground , for a considerable time : which Ground was without all Controversie the Pursuers . The Lords Sustained the Lybel , it being always proven , that the Herd herded by his Masters Command , or Ratihabition , and referred to themselves , at their conclusion of the Cause , to consider , whether they would sustain the several times of hirding , as several Deeds toties quoties , or if only as one Deed made up of all , and how far the witnesses should be received , as to command , or direction of the Defender . Dumbar of Hempriggs contra Frazer . July 11. 1664. HEmprigs as Executor to Dumbeath , having pursued the Lady Frazer , Relict of Dumbeath , and the Lord Frazer for his Interest , for payment of Executory , intrometted with by the Lady , there being Litiscontestation in the Cause : Dumbeath calls the Act , and craves the Term to be Circumduced against the Lord Frazer , who alleadged that now his Lady was dead , and so his interest being jus mariti , ceased . It was answered , Litiscontestation being made , the Debt was Constitute in the Husbands Person , as if he had Contracted to pay it , Litiscontestation being a Judicial Contract . Secondly , The Lord Frazer was Decerned to give Bond to pay what his Lady should be found due . Frazar answered , that no Bond was yet given , and that the Ordinance was only against him as he was cited , which was for his Interest , which is Seassed . And which the Lords found Relevant and Assoilzied . Grahame of Hiltoun contra the Heretors of Clackmannan . Iuly 13. 1664. GRahame of Hiltoun having obtained a Decreet against the Heretors of Clackmannan , for a sum of Money Imposed upon that Shire , by the Commity of Estates ; the Heretors of the Shire have raised a Revew , and alleadged , that this Decreet being obtained before the Commissioners , in the English time , he has liberty to quarrel the Justice thereof , within a year , conform to the Act of Parliament , and now alleadges , that the saids Commissioners did unjustly repell this Defense , proponed for singular Successors within the said Shire ; that they ought not to be lyable for any part of the said Imposition , having Acquired their Rights long after the same , and before any diligence was used upon the said Act of the Committee . It was answered , that there was no injustice there , because this being a publick Burden , imposed upon a Shyre by Authority of Parliament , it is debi●um fundi , and affecteth singular Successors ; especially , seing the Act of the Committee of Estates was Ratified in the Parliament , 1641. which Parliament , and Committee , though they be now Rescinded , yet it is with expresse Reservation of Privat Rights acquired thereby , such as this . The Pursuer answered , that every Imposition of this nature , though by Authority of Parliament , is not debitum fundi ; but doth only affect the Persons having Right the time of the Imposition ; whereanent , the minde of the late Parliament appeareth in so far , as in the Acts thereof , ordaining Impositions to be uplifted during the troubles , Singular Successors are excepted . It was answered exceptio firmat regulam in non exceptis , such an exception had not been needful , if de jure singular Successors had been free . It was answered , many exceptions , though they bear not so expresly , yet they are rather Declaratory of a Right , then in being , then statutory , introducing a new Right . The Lords found Singular Successors free , and reduced the Decreet pro tanto . Earl of Lauderdail contra Wolmet . Eodem die . THe Earl of Lauderdail pursues a Spuilzie of the Teynds of Wolmet , against Major Biggar , who alleadged absolvitor , because the Lands of Wolmet were Valued and approven . The Pursuer replyed , that the said Decreet of Valuation was improven , by a Decreet of Certification obtained there against , at the instance of Swinton , having Right to these Teynds for the time , by a Gift from the Usurper . The Defender duplyed , that no respect ought to be had to the said Certification ; First , because this Pursuer derives no Right from Swintoun , being only restored to his own Right , and Swintouns Right from the Usurper found null : so that as the Pursuer would not be burdened with any Deed of Swintouns , to his prejudice , neither can he have the benefit of any Deed of Swintouns to his advantage . 2dly . The said Certification was most unwarrantable , in so far as the Decreet of Valuation being in the Register of the Valuation of Teynds , the Defender was not oblidged to produce it , but the Pursuer ought to have Extracted it himself . 3dly . All Parties having interest were not called to the said Certification , viz. Mr. Mark Ker the Wodsetter , by a publick Infeftment , in whose Right Major Biggar , now Succeeds . And last , the Defender alleadged , that he had a Reduction of the Certification , upon Minority and Lesion , and the unwarrantable Extracting of it . The Pursuer answered to the first , that seing Swintoun did use the Pursuers Right , all reall advantages which were not Personal , but consequent upon the Real Right , and which belonged not to Swintoun personaliter , but as prerended proprietar : do follow the Real Right it self ; and Accresce to the true Proprietar , as if he had acquired a Servitude , or had reduced the Vassalls Right , ●b non solutum canonem . To the Second , oppones the Certification , wherein compearance was made , for Wolmet , and three Terms taken to produce , and no such Defense was alleadged , as that the Valuation was in a publick Register . To the Third , the Pursuer needed not know the Wodsetter , because it was an Improper Wodset , the Heretor Possessing by his Back-bond , as Heretable Possessor , seing the Decreet of Valuation was at the Heretors instance , it was sufficient to Reduce it against his Heir ; for it would not have been necessar to have called the Wodsetter , to obtain the Decreet of Valuation , but the then Heretable Possessor : so neither is it necessar to call the Wodsetter to the Reducing or improving thereof . To the last , no such Reduction seen nor ready , neither the Production satisfied . The Lords Repelled the Defense , and duplyes , in respect of the Certification , which they found to accresce to the Pursuer , but prejudice to the Defender , to insist in his Reduction , as accords ; and declared , that if the Defender used diligence , in the Reduction , they would take it to consideration at the conclusion of the cause . Balmirrino contra Sir William , Dicks Creditors . Iuly 14. 1664. JAmes Gilmor , for the use of the Lord Balmirrino , being Infeft in the Lands of Northberwick , upon a Right from Sir Iohn Smith , who had Right from Sir William Dick , pursues the Tennents for Mails and Duties . Compearance is made for Sir Williams other Creditors , Wodsetters and Appryzers , who alleadged absolvitor , because the Pursuers Right is Extinct , in so far as Balmirrino being Debitor to Sir William Dick , and charged by him , had acquired this Right from Sir Iohn Smith to compence Sir William , and did actually compence him by alleadging the same reason of Compensation , producing the Disposition then blank in the Assigneys name ; whereupon the Letters were Suspended Simpliciter , aud my Lord assoilzied ; and the Disposition given up to Mr. Alexander Dick , which is instructed by the Testimony of William Douny Clerk at that time , Balmirrino answered , First , That William Dounys Testimony , could not make up a Minute of Decreet , where there were no Process , nor Adminicle to be seen . 2dly Though the minute of the Decreet were lying before the Lords , not being Extracted , the Lord Balmirrino might passe from his Reason of Compensation , and take up his Disposition , which is always permitted before Litiscontestation , or Decreet , and Litiscontestation is never accounted untill the Act be Extracted : So that there being no Act of Litiscontestation Extracted in the said Process , but only an alleadged minute of a Decreet without an Act , neither Partie might resile . 3dly , Though the Suspender might not resile Simpliciter , yet it is still competent to him , to propone a several reason of Suspension before Extract ; being instantly verified : and now he propones this Reason , that the Debt awand by him to Sir. William Dick , is a publick Debt , and the Parliament has Suspended all execution thereupon , till the next Parliament ; which by consequence liberats him from making use of , or instructing his Reason of Compensation . The Creditors answered , it was most ordinar for the Lords , to make up Minuts by the Testimonies of the Clerks , when they were lost . So that William Douny being a famous Clerk , his Testimony must make up the Minute , after which the Lord Balmirrino cannot resile from his Reason of Compensation , or take back the Disposition ; seing it was his own fault he did not Extract it , and cannot make use now of a Supervenient Exception , that was not at that time Competent , in prejudice of their Creditors ; Balmirrino being now in much worse condition . The Lords found , that the Lord Balmirrino might now propone a Reason of Suspension emergent on the late Act of Parliament and pass from his Reason of Compensation , and take up his Disposition , seing it did not appear that the Process was miscarried through Balmirrino's fault , or that the Disposition was delivered to Mr. Dick , neither of which did appear by William Dounys Testimony . Thomas Crawfoord contra Prestoun Grange . Iuly 15. 1664. THomas Crawfoord , as Assigney by the Earl of Tarquair to a Decreet of the Valuation of the Teynds Lethinhops obtained Decreet against the Laird of Prestoun Grange Heretor thereof ; who Suspended upon this Reason , that these Lands were a part of the Patrimony of the Abbacy of New-botle , which Abbacy was of the Cistertian Order , which Order , did injoy that Priviledge , that they payed no Teynds for their Lands , while they were in their own Labourage , or Pastourage , of which Priviledge , not only the Abbots , but after them , the Lord New-botle , and the Defender hath been in Possession : and accordingly Sir Iohn Stewart of Traquair having pursued the Lord Newbotle before the Commissaries of Edinburgh , in Anno 1587. For the Teynds of the Lands of Newbotle , upon the same Defense , was Assoilzied , which Decreet standing , must be sufficient to the Defender , ay and while it be reduced ; likeas , the Defender stood Infeft in the saids Lands by the King , with express Priviledges decimarum more solito . The Charger answered . First , That the foresaid Priviledge , which sometime did belong to all Monestries , was by Pope Adrian the fourth , limited to the Cistertian Order Templars , Hospitillars , and that for such Lands only as they had before the Lateran Counsel : So that the Suspender cannot injoy that Priviledge . First , because he cannot instruct the Lands to have belonged to the Abbacy , before that Counsel . 2ly , That being a Priviledge granted to Church-men , is Personal , and cannot belong to their Successors , being ley men , and albeit the said Decreet , be in favours of the said Lord Newbotle , yet he was Comendator of the Abbacy , and so in the Title of the Order . The Lords found the Reason relevant , and instructed , by the said Decreet , and Suspended , for such part of the Lands , a● were in the Suspenders own hand . Mr. William Colvill contra the Executors of the Lord Colvill his Brother Eodem die . MR. William Colvill pursues the Executors of the Lord Colvill his Brother , for payment of 2000. merk of Portion , Contracted to him by his brother , incase his Brother wanted Heirs Male. It was alleadged , for the Defender , absolvitor , because the Contract is null , there being no Witnesses designed therein , to the Lord Colvills Subscription , but only two Witnesses expresly subscribing as Witnesses to Mr. William Colvils Subscription , and other two undesigned , subscribing as Witnesses , but not relating to any particular Subscription . The Pursuer answered , that he offered to designe , the other two Witnesses which was always found sufficient to take away that nullitie . It were answered , for the Defender , that albeit the Designation were sufficient , in recenti , where the Witnesses were on life , because use may be made of these Witnesses , to improve the Write , which could not hold in re antiqua where both Witnesses were dead . The Lords formerly found , that the Designation was not sufficient , without instructing the Write by Witnesses , or Adminicles , for which effect , the Pursuer produced several Writs , subscribed by the Lord Colvill , and by one of the two Witnesses , that comparatione literarum might instruct the truth of their Subscriptions ; and alleadged further , that this being a mutual Contract , and unquestionably , Subscribed by the one Contracter , and being of that nature that he , whose Subscription was unquestionable , did ingadge for a more onerous cause then the other . The Lords compared the hand writs , and found them both alike , sustained the VVrite . The Pursuer making faith that it was truely subscribed by both Parties . Hospitall of Glasgow contra Robert Campbel . Iuly 19. 1664. THe Hospital of Glasgow having Appryzed the Lands of Silvercraige , they thereupon obtained Decreet , which being● Suspended , compearance is made for Robert Campbel in Glasgow , who alleadged that he has Appryzed the Estate of Lamont , from the Laird of Lamont ; and that the Lands of Silvercraige are a Part and Pertinent of the Lands Apprized by him , whereby he stands in the Right of the Superior , and offers to prove , that the Lands in question , are Waird , and that the Appearand Heir from whom the Hospitall hath Appryzed , is yet Minor , and therefore the Hospitall coming in his place , can be in no better Case nor the Minor ; but the Course of the Waird must run , during the Appearant Heirs minority . The Charger answered , that the Course of the Waird cannot now run , because the Lands are full , by the Infeftment of the Appryzer , who stands Infeft , being received by a prior Appryzer of the Superiority , without any Exception , or Reservation of the Waird Duties . It was answered , for Robert Campbel , that George Campbels Appryzing of the Superiority was , extinct , by Satisfaction with the Males and Duties , before he received the Hospitall , and so there is now place to the Second Appryzer , neither can the filling of the Fee by the Appryzer stop the Course of the Waird , which began before the Appryzing ; albeit the Appryzer be Infeft simply ; seing all Infeftments on Appryzings , are in obedience , which never imports a passing from any Right of the Superiors , albeit he do not reserve the same ; and therefore he may make use of any Right in his Person , not only as to the Casualities of the Superiority , but as to the Property , and his receiving in obedience , is only to give the Appryzer Anteriority of Diligence . Which the Lords found Relevant . Sir. Laurence Scot contra . Lady Shenaltoun Eodem die . IN an Act of Litiscontestation , betwizt Sir. Laurence Scot , and the Lady Shenaltoun ; a Defense of Payment being found Relevant , Scripto velj●ramento for Sir Laurence , and not having cited the Lady , to give her Oath , nor produced any Write ; the Term was craved to be circumduced . The Lords did not circumduce the Term , but found that the Pursuer should have been still ready to produce his Client to Depone , if the Defender made choise of his Oath . Elizabeth Douglass contra Laird of Wadderburn . Eodem die . ELizabeth Douglass , as Heir to her Goodsire , and Sr. Robert Sinclar of Loc●ermacus her Husbands , pursue a Spuilzie of Teynds against the Laird of Wadderburn , who alleadged absolvitor , because he had Tack of the Teynds of the saids lands from the Earl of Hoom , and by vertue thereof , was bona fide Possessor , and behoved to bruik , till his Tack were reduced . 2ly . That he had Right from the Earl of Hoom , by the said Tack , which Earl of Hoom , albeit his Right which he had , the time of the granting of the said Tack , was reduced , yet he has sincepresently in his Person , the Right of the Teynds of the lands from Iohn Steuart of Coldingham , which being jus superveniens authori , must accresce to the Defender , and defend him in this Pursuit . The Pursuer answered to the First Defense , that the Defenders bona fides was interrupted , by Process against him , long before the Years lybelled . 2ly . Albeit there had been none , yet this Author , the Earl of Hooms Right being reduced in Parliament , his bona fides being sine omni titulo ; is not sufficient ; neither needed the Tacks-man to be called to the Reduction , but his Right fell in consequentiam with the granter of the Tacks right . The second Defense , It was answered , that the general maxime of jus Superveniens , has its own fallancies , for the Reason of the maxime is , that when any thing is disponed for a cause onerous , equivalent to the Value thereof : It is always understood , that the Disponer dispones not only what Right he hath already , but whatever Right he shall happen to acquire ; seing he gets the full Value : and therefore sixione juris , whatever Right thereafter comes in his Person , though it be after the Acquirers Right , yet it is holden as conveyed by the Acquirers Right , without any new Deed or Solemnity , but where that Reason is wanting , it holds not as first , if it appear , that the Cause of the Disposition is not at the full Value ; then it is presumed , that the Disponer only disponed such Right as he presently had ; or if the Disponer deduce a Particular Right : as an Appryzing , or Tacks . &c. and either Dispons , but that Right , per expressum , or at least dispones not for all Right he hath or may have , or does not dispone with absolute Warrandice ; In these Cases , the Authors Right supervening , accresces not to the Acquirer , but himself , may make use thereof against the Acquirer , much more any other having Right from from him . 2ly . The maxime holds not , if the Authors Right be Reduced before he acquire the new Right , in which case , the first Right being extinct , nothing can accresce thereto , but the Author may acquire any other new Right , and make use thereof . 3ly , The maxime hath no place , if the Author do not acquire a new Right to the land , which could be the foundation and ground of the Tack granted ; as if he acquired but the Right of an Annualrent , which could be no ground of the Defenders Tack , much more , if he acquire a Right to the Mails and Duties of the lands , either upon Sentence to make Arrested Goods furthcommand , or an Assignation , or Disposition of the Mails and Duties made to the Author , for satisfying of a Debt to him , by the Disponer . This would be no Right to the land that could accresce to Validat a Tack . The Defender answered , First , that his first Defense was yet relevant , because , albeit his Authors Right were reduced , he not being called , his Right would be a sufficient colourable Title , to give him the benefit of a Possessory judgement , untill his bona fides were interrupted by Process , because his subaltern Right is not extinct , till either by way of Action , or Exception , it be declared extinct ; as falling in consequence , with his Authors Right reduced , seing there is no mention thereof in the Decreet of Reduction . 2ly Albeit Diligence had been used , yet if the user thereof insisted not , but suffered the Defender , to possess bona fide seven year thereafter , it revives that benefit of a new Possessory Judgement . The Lords , as to this Poynt , found that the Interruption of the bona fides by Process , did still take the same away , unless it were Prescrived , but found , that before any Process , the Defense should be relevant ; and therefore sustained only Process , for the year , since the Citation . As to the other Defense in jure . The Defender answered , that his Defense stands yet Relevant , notwithstanding all the Fallacies alleadged which are without warrant in Law , and without example with us , where this Maxime hath ever been held unquestionable , that jus Authoris accrescit Successori , unlesse the Successors Right be expresly limited , to a particular Right , or to any Right the Author then had , but the Defender needs not Disput the Equivalence of the Cause , unlesse such expresse Limitation were , added there is no ground to presume an Exception upon the Personal oblidgment of Warrandice , from fact and deed , which oftimes is put in Contracts fully onerous , but on the contrair , there is a several Defense upon that very Clause : that the Earl of Hoom , whatever Right he should acquire , yet if he should make use of it against this Defender , he comes against his own Warrandice , whereby he is oblidged , that he has done , nor shall do no deed prejudicial to the Defenders Tack , neither is there any ground of Exception ; albeit the Authors Right was reduced , before the new Right acquired from that ground , that the new cannot accresce unto the old Right , being Extinct , because the Maxime bears , that it accresces Successori , non jure Successoris ; so that albeit the new Right do not Validat the old Right : yet the new Right becomes the Defenders Right , eo momento , that it became the Authors Right , per fictionem juris , without deed or diligence , and cannot be taken away by any subsequent deed of that Author , more then if before such a deed , he had particularly established his Successors therein ; because the fiction of the Law is equivalent to any such establishment , neither is their any ground of Exception , that the Authors Right Superveening , is but an Annualrent , which cannot Validat a Tack ; because , if the Author were making use of that Annualrent to poynd the ground , the Defender upon his Tack and Warrandice would exclude him , because he could not come against his own d●ed and oblidgment ; yea , albeit it were but a Right to the Mails and Duties , quocunque modo . The Lords having considered the Earl of Hooms new Superveening Right , and that it was but the Right of an Annualrent of 300 lib. Starling , with a Clause , that incase of failzie of payment , he might uplift the hail Mails and Duties till he were payed , and that the Defenders Tack included only Personal Warrandice . They repelled the Defense , and found that such a Right could not accresce to the Defender , to validat his Tack , wherein some of the Lords had respect to that point that the Right was Reduced before this new Right ; but others , as it seems , on better grounds layed no weight on that if the cause onerous , had been the full value , and equivalent , or if the Tack had born for all Right that I have , or shall acquire , which would accresce to the Successor , as oft as ever it was acquired , though all the prior Rights had been reduced , but in this Case , the Author not acquiring a new Right to the Lands , but only to the Mails and Duties , which in effect is but Personal , it could not accresce to the Defender , more then if the Author had been Factor to a thrid Part by the new Right , and albeit the Clauses of Personall Warrandice might have Personally excluded the Earl of Hoom himself , yet seing , that Right could accresce to the Defender , the Earl of Hoom having renunced , or assigned it to a thrid Partie . The Personal Objection against the Earl of Hoom upon the Personal Clause of Warrandice ceases , neither did the Pursuer insist upon the Earl of Hooms Right , but his own . Elizabeth Scrimgeor contra Executors of Mr. John Murray Eodem die . IN a Compt and Reckoning betwixt Elizabeth Scrimgeor relict of Mr. Iohn Murray Minister , and his Executors , these Queries were reported to the Lords by the Auditor . First , Whether the Defunct dying Infeft in an Annualrent could have an Heir , as to moveable Heirship . The Lords found he would , seing the Annualrent was Feudum , and he might thereby be esteemed as Baro , as well as a petty Fewer . Quest. 2. Whether the Defunct , having died the day before Martinmas 1661. He would have right to any part of the Stipend 1662. As the Annat . The Lords found he would have the half of 1662. Quest. 3. Whether he would have like right to the Gleib , as to the Stipend , by the Ann. The Lords found that could not be debaitable , betwixt the Defuncts Relict and Executors , albeit there was no compearance for a new intrant in which Case , they thought that so soon as the intrant 〈…〉 were admitted , he would have right to the Manse and Gleib , and not the Defunct , though the Defuncts Wife would have right to a part of the Stipend due after his entrie . Quest. 4. Whether the Heretable Debt could exhaust the moveable Estate of the Defunct , to deminish the Relicts part , especially if their be no Heretable Debt due to the Defunct , or if the Heretable Debts due by him exceed these due to him . The Lords found , that seing the Relict could have no benefit of Heretable Debts due to the Defunct , being excluded by the Act of Parliament 1641. renewed , 1662. Therefore she would have no detriment , by such Heretable Debt due by the Defunct , whether they exceeded the Heretable Debts due him , or no. In this report , it falling into consideration , whether the Ann would only belong to the Wife , there being no Children , or half to the Wife , and half to the nearest of Kin , they thought it would devide equally betwixt them , though it was not res●lv●d , whether it needed to be confirmed , or would be lyable to the Defuncts Debt . Lady Clerkingtoun contra Stewart . Iuly 20. 1664. THe Lady Clerkingtoun , pursues the Heirs of Umquhile David Stewart Son to the Laird of Blackhall , for the Sum of 2000 merks due to her Husband . It was alleadged , for Walter Stewart Brother to the Defunct , Defender , no Process , because the Heir of Lyne , of the Defunct David Stewart was not called , in so far as David , being the only Son of the second Marriage , and having neither Brother nor Sister of that Marriage ; his Heir of Lyne could not be Walter Stewart , youngest Son of the first Marriage , but the Heir of the Eldest Son of the first Marriage ; according to Craigs Opinion , de successionibus . The Lords found , that in this case , Walter , as the next immediat preceeding , was both Heir and of Conquest , and not the eldest Brother . In this Process , it was also alleadged , that this Sum was a Clandestine Fraudulent Paction , contrare to the Contract of Marriage , betwixt the Defunct David Stewart , and the Defenders Daughter , whereby 10000 merks being Contracted with her in Tochar , and Blackhall granted a proportionable Liferent thereto ; yet under hand , without Blackhalls knowledge his Son was induced to give Bond for this 2000 merk , to take away 2000 merk of the Tochar : and it was remembred by some of the Lords , that in the like Case , a discharge of a part of a Sons Provision granted to his Father , contrair to his Contract of Marriage was found Fraudulent and null , by exception . The Lords did not decyde , but rather desired the Parties should agree , but thought this was an unfavourable Act of dangerous consequence . Petrie contra Paul. Eodem die . PEtrie pursues a Removing against Paul , who alleadged absolvitor because she possessed , by vertue of her Infeftment . It was replyed , the Infeftment was null , by exception● as following upon a Contract of Marriage which Marriage was dissolved within year and day . It was duplyed , that the Infeftment behoved to stand valid , being in recompence of her Tochar , untill her Tochar was repayed . Which the Lords found relevant , unless it were alleadged , that the Tochar was not payed to the Husband , but in her own hands , or her Debitor . Scot of Braid-meadow contra Scot of Thirlstoun . Iuly 21. 1664. SCot of Braid-meadow pursues Scot of Thirlstain his Curator , for Compt and Reckoning , who alleadged absolvitor ; because the Pursuer having conveened the Defender before the Sheriff , to compt , and Reckon , and to Renunce his Curatorie , he was ●hen decerned to Renunce the Office , and did Compt for bygones . The Pursuer answered , no respect to that Decreet , because it was during his Minority . In which time the Defender had a competent defense , that he was not comptable ; and for the Renunciation of the Office. It was a great Lesion to the Pupil , which the Curator should not have yeelded to , but proponed a Defense against the same , that he could not pursue his Curator to Renunce , unless he had condescended , and instructed malversation . The Defender answered , that he had just Reason to suffer Sentence , because his Pupil was Irregular , and medled with his own Rents by force , and mispent the same . The Lords , Notwithstanding of the Decreet , ordained Compt and Reckoning , and found , that the Decreet could not liberat the Curator , even for his Omissions after , but reserved to the Defender , before the Auditor to condescend what deeds the Pupil had done before , as being relevant pro tanto . Alexander Livingstoun contra Heirs of Lyne and Daughters of the Lord Forrester . Iuly 22. 1664. ALexander Livingstoun , as Assigney to a Debt awand by the deceist Lord Forrester , having charged his Daughters , and Heirs of Lyne and they Renunced , whereupon he pursues Adjudication ; Compearance , is made for the Lord Forrester , who produced his Infeftment , and alleadged the Lands therein comprehended could not be Adjudged ; because the Defunct was denuded thereof , before his Death ; and as he could stop the Apparant Heirs , if they were craving themselves to be entered Heirs to their Fathers , so the Adjudger , in their place could not crave Infeftment . The Pursuer answered , the Defense was not Competent hoc loco , and the Defender would not be prejudged by any Infeftment , or Adjudication , if he had sufficient Right . And therefore , as in an Apprysing , he might Appryse omne jus , that the Defunct had , and thereupon be Infeft : So he hath the like benefit in Adjudication , which hath been ordinarly sustained , periculo petentis . The Lords sustained the Adjudication , as to all Right the Appearand Heirs could have had in the Lands , but not as to the Property , and therefore would not decern the Pu●●uer to be Infeft , but sustained the Decreet of Adjudication , that thereby he may have Right to Reversions , and Clauses resolutive , or other Personal Clauses , which they thought would be sufficiently carried by the Decreet of Adjudication , without Infeftment , and would not be prejudged by another Adjudger , obtainer of the first ●nfefment , but this was besyde the Ordinar Course wherein Adjudications use always to be granted periculo petentis , that thereby omne jus may be carried ; and as in Appryzings , it hath been ordinarly found , that the Superior must Infeft the Appryzer , to compleat his Legal diligence , albeit●he Superior instruct , that him●elf hath a Right to the Lands ; Because his receiving of the Appryzer , in obedience , will not prejudge his Right , and it were unreasonable to force an Appryzer , or Adjudger to dispute the Poynt of Right● when all the Writs and Evidences are in their Adversaries hands , and the Creditors being meir Strangers , who upon their Appryzings , or Adjudications can only have Title to exhibition of the Rights , and afterward be oblidged to dispute , but here the Case was notour to many of the Lords being near the Town of Edinburgh , that the Lord Forrester had Infeft his Goodson in his Estate . Lord Loure contra Lady Craig . Eodem die . LOrd Loure being Infeft in the Estate of Craig , pursues for Mails and Duties ; Compearance is made for the Lady Craig Liferenter , who alleadges she stands Infeft , and in Possession of the Lands . The Pursuer answered , that any Infeftment ; as to that part thereof , that was not for fulfilling of the Contract of Marriage , was Fraudulent , and in Prejudice of lawful Creditors , and so null by exception , conform to the Act of Parliament 1621. It was answered for the Lady . They opponed the Lords dayly Practique ever since the said Act , that Infeftments were never taken away thereupon by Exception or Reply . Which the Lords found Relevant . Montgomerie contra Hoom. Eodem die . WIlliam Mongomery , pursues Alexander Hoom to Remove , who alleadged absolvitor , because he stands Infeft , and by vertue thereof , in seven years Possession , and so hath the benefit of a Possessorie Judgement . It was Replyed , that before any such Possession , a Decreet of Removing was obtained against the Defender , which made him mala fide Possessor . It was duplyed , that since that Decreet , which was in absence , the Defender had Possessed it seven years without Interruption , which acquired the benefit of a new Possessorie Judgement . And alleadges that an Interruption of Possession ceases by seven years , albeit in the Point of Right , it ceases not till Fourty . The Lords found the Interruption stands for fourty Years , and that no Possession thereafter , upon that same ground could give a new Possessorie Iudgment , the Possession being Interrupted , not only by Citation , but by a Decreet of Removing , which stated the other Partie in Civil Pessession . Earl of Sutherland contra Mcintosh of Conadge . Eodem die . THe Earl of Sutherland pursues Mcintosh of Conadge for the profit of a Regality belonging to the Earl. viz. Blood-wyts , Escheats . &c. whereof Conadge had obtained Gift from the Usurpers , the time that Regalities were Supprest ; and declared that he insisted for those only that were yet unuplifted , for which the Parties Fyned had not made payment , albeit some of them had given Bond. The Defender alleadged absolvitor , for Blood-wyts , and Amerciaments , which might have been done by the Justices of Peace because , as to these , the Inglish had done no wrong ; seing the Justice of Peace might then , and may now Cognosce and Fyne for Blood-wyts , whithin the Regality . The Pursuer answered , that as he might have Re-pleadged from the Justice General , if he had not been impeded by the Act of the Usurpers , so much more might he have re-pleadged from the Justice of Peace , and therefore any Blood-wyts decerned by them , belonged to him , as Lord of the Regality . The Lords repel●ed the Defense , and jo●nd the dead of the Iustice of Peace could not prejudge the Pursuer . M. John Muirhead contra Iuly 21. 1664. MR. John Muirhead , as Assigney pursuing he alleadged , that the Assignation not being intimat before the Cedents , death , the Sum was in bonis defuncti , and the Assigney could have no Right without Confirmation . The Lords Repelled the alleadgance . James Johnstoun Merchant in Edinburgh , contra The Lady Kincaide November 11. 1664. JAmes Iohnstoun pursues the Lady Kincaide , as Executrix to her Husband , who alleadged absolvitor , because the Testament was exhausted , and she had obtained a Decreet of Exoneration , which being standing un-reduced , she behoved to be assoilzied , seing there was no Reduction thereof raised . 2ly , Albeit the said Exoneration were quarrallable hoc ordine yet it appears thereby , that the Testament was exhausted . The Pursuer answered , that the first Defense on the Exoneration non Relevat , unless the Pursuer had been cited to the giving thereof ; it operats nothing against him , nor needs he Reduce it . 2ly , The second member of the Defense of exhausting the Testament mentioned in the Exoneration , non Relevat , unlesse it were alleadged exhausted by lawful Sentences , before intenting of the Pursuers Cause . The Defender answered , that it was Relevant to alleadge , that payment was made of lawful Debts of the Defuncts instructed by writ , before intenting of the Pursuers Cause , for seing the Debt was clear , the Executor ought not to multiply Expenses , by defending against the same , unless it were alleadged there were collusion to prefer the Creditors payed . The Lords repelled both members of the Defense , and found that the Executrix might not , without a Sentence prefer any Creditor ; especially , seing it was not a Debt given up in Testament by the Defunct , neither was it alleadged , that the Pursuer had long neglected to pursue . Nicolas Murray Lady Craigcaffie contra Cornelius Neilson Merchant in Edinburgh . November 12. 1664. NIcolas Murray pursues a Reduction of a Decreet of the Baillies of Edinburgh , obtained against her , at the instance of Cornelius Neilson upon this Reason , that she being pursued for the Mournings for her self and Family , to her Husbands Funeralls ; which Mournings were delivered to her , by the said Cornelius , and were bought by her from him , or by her Order sent to her ; which was referred to her Oath , and she deponed , that Cornelius had promised to his Father , to give necessars for his Funerals out of his Chop , and according to that promise , had sent unto her . The Baillies found , that this qualitie adjected in the Oath , that the Furniture was upon Cornelius promise to his Father , resulted in ane Exception , which they found probable by Write , or Oath of Cornelius ; who having deponed , denyed any such promise , and therefore they decerned , the Lady to pay : Against which her Reason of Reduction is , that she ought to have been Assoilzied by the Baillies , because her Oath did not prove the lybel . viz. That she bought the Wair from Cornelius , or made her self Debitor , therefore , but only that she received the same from him without any Contract , or Ingadgment , which would never make her Debitor , for a Wife , or a Bairn in Family are not lyable for their , Cloaths , unless they promise payment , but only the Father ; and in the same manner , the Mourning for the Funeralls of the Husband is not the Wifs Debt , but the Husbands Executors . The Defender answered , that the Reason was no ways Relevant , seing the Pursuers Oath proved the receipt of the Goods , which was sufficient ad victoriam causa . The quality being justly taken away ; for albeit the Husband or his Executors were lyable for the Relicts Mournings , yet a Merchant that gives off the same to the Relict , is not oblidged to dispute that , but may take himself to the Relict , who received the same without either Protestation , or Aggreement , not to be lyable . The Pursuer answered , that whatever Favour might be pleaded for a Merchant Stranger , yet this Furniture being given by the Defuncts own Son to his Relict , could not oblidge her . The Son being the Fathers ordinar Merchant . The Lords found , that the Oath before the Baillies proved not the lybel , and that the accepting of the Mournings , did not oblidge the Relict , but the Executors seing the Defunct was a Person of their quality , that his Relict required mourning and therefore Reduced . Galbreath contra Colquhoun . Eodem die . WAlter Galbreath pursues an Exhibition of all Writs made by , or to his Predecessors , ad deliberandum . The Lords restricted the lybel , to Writs made to the Defunct , or his Predecessors , or by them to any Preson in their own Family , or containing any Clause in their ●avour , whereupon the Defender having Deponed , that he had in his hand a Disposition of Lands made by the Pursuers Predecessors , Irredeemably ; and that he had his Predecessors progress of these Lands , but that he thought there was no Clause in any of these Writs , in the Pursuer , or his Predecessors Favours . The Lords having considered the Oath , Ordained the Defender to produce the Disposition , denunding the Purs●ers Predecessors , and thought that being produced simply , without condition of Reversion , it liberat him from producing the Pursuers Predecessors Progresse , though made in their Favours ; but because the Pursuer alleadged , that in their Predecessors Progress , there was a Clause de non alienando , which would work in his Favour , and that the Oath was not positive , but that he thought . They Ordained the Defender to be examined , if he had any Tailzie . Daughters of Balmirrino contra Eodem die . THe Daughters of Balmirrino having pursued the Heirs Male , for their Portions contained in their Mothers Contract of Marriage , and for a competent Aliment untill the same were payed . The Defender renunced to be Heir , and was absent . The Lords advised the Contract , by which they found the Portion payable at the Daughters age of fyfteen , and Aliment till that time , but no mention of Annualrent , or Aliment thereafter ; yet they found that the Aliment behoved to be continued till their Marriage , or the payment of their Tochar : They being Minors , and leised , by not pursuing therefore at the Age of fyfteen , but that they could not have Annualrent , seing the Contract bare none . Dame Elizabeth Fleming contra Fleming and Baird her Husband . November 16. 1664. IN an Accompt and Reckoning , betwixt Dame Elizabeth Fleming , and her Daughter , and Robert Baird her Spouse . The Lords having considered the Contract of Marriage , in which Robert Baird accepted 12000 merk , in full satisfaction of all his Wife could claim , by her Fathers decease , or otherwayes ; and there being some other Bands in her Name , her Mother craved , that she might be decerned by the Lords , to denude her Self and Assigne to her Mother ; seing she was satisfyed , and she on the other part , craved , that her mother and Sir Iohn Gibson might be oblidged to warrand her , that her 12000 merk should be free of any Debt of her Fathers . It was answered for the Mother , that there was no such Provision contained in the Contract , and the Lords in justice could not cause her to go beyond the terms of the Contract , there was no Reason for such a warrandice ; seing Debts might arise to exhauste the hail Inventary . It was answered for the Daughter , that there was no oblidgment in the Contract , for her to assigne her Mother , but if the Lords did supply that as consequent upon the tennor of the Contract ; they ought also to supply the other . It was answered for the Mother , that there was no reason for her to undertake the hazard , unless it would appear , that there was so considerable Adiminition of her Daughters Portion , in her favours , as might import her taking of that hazard for that abatement ; and albeit such a warrandice were granted , yet● it should only be to warrand the Daughter from the Fathers Debt , in so far as might be extended to the superplus of the Daughters full portion , above the 12000 merk . The Lords found , that if there was an abatement in favours of the mother , it behoved to import , t●at she undertook the hazard of the fathers Debt , not only as to the superplus , but simply ; but seing it was known to the Lords : They gave the mother her choise , either to compt to the Daughter for the whole Portion , if she thought there was no benefit without any such Warrandice , or if , she took herself to the Contract , and so acknowledged there was a benefit . They found her lyable to warrand her Daughter simpliciter . Lochs and the Earl of Kincairdin contra Hamiltoun . November 18. 1664. HAmiltoun and her Authors , having obtained Decreet against Lochs , as Heirs to their Father , for a Sum of money ; and Annuals thereof , after Compt and Reckoning , and being thrice Suspended , there are still Decreets in foro , Lochs , and the Earl of Kincardine now Suspends again , and alleadged , that in the Compt and Reckoning , there were several Recepts of Annualrent , which were not at that time in Lochs hands , but in the Earl of Kincardines , whose Father was Co principal bound conjunctly and severally with Lochs Father . The Charger opponed her Decreets in foro , and alleadged , that Kincairdin had no interest , for neither could the Letters be found Orderly Proceeded , nor yet Suspended against him ; and whereas it was alleadged , that the Clause of mutual Relief , would force him to Relieve the Lochs prorata , he had a good Defense , that they had not intimat to him the Plea , and thereby had Prejudged themselves , of the Defense upon the Ticket in his hands . The Suspenders answered , they were Minors , and that Kincardin having a clear Interest , might choise whether to Defend them , or Defend himself against them . The Lords reponed them to the Tickets now gotten out of my Lord Kincairdins hands , but declared there should be expense granted against them , for all the Decreets to which the Chargers were put . Thomas Guthrie contra Sornbeg . Eodem die . GVthrie pursues Sornbeg , alleadging , that their being a first Wodset of the Lands of Thriplandhill , and certain Tenements in Edinburgh , to Alexander Veatch , or his Authors ; and a second Wodset of the Lands of Thriplandhill granted to the Pursuers Father , and by a posterior Contract . The Pursuers Fathers Wodset was Confirmed , and a certain Sum added thereto , and for both , some Tenements in Edinburgh , were disponed with this provision ; that Guthrie should possess thereby , and should be comptable for what was more then his Annualrent , and Sornbeg having redeemed the first Wodset , and taking a Renunciation thereof , and having Right to the Reversion of the whole , entered to the Possession of the Tenements in the Town : whereupon Guthrie craves , that Sornbeg may compt and reckon for the Mails and Duties uplifted by him , and possess him in time coming , to the hail Mails and Duties , aye and while he be payed of his Principal Sum , and Annualrents , or satisfied by Intromission . The Defender alleadged , First , That he having the Right of Reverson , though posterior , yet having , first Redeemed , and made use thereof , his Right of Reversion by his Disposition , being in effect an Assignation to the Reversion : and Guthries second Wodset being a prior Assignation to the Reversion . The second Assignation with the first Diligence , or Intimation must prefer the Defender . This the Lords repelled , and found no necessity of an Intimation , or Diligence to consumat Guthries Right to the Reversion of the first Wodset , seing Guthrie was Infeft by his second Infeftment , which was equivalent to the Registrating of a Formall Assignation to the Reversion . 2dly . The Defender alleadged , that being Singular Successor ; and having Redeemed the first Wodset : which is now extinct , he possesses by an irredeemable Right , and so must have the benefit of a Possessory Judgement . The Lords repelled this Defense , seing seven years Possession was not alleadged . 3dly . The Defender alleadged absolvitor , from the bygone Mails and Duties , before intenting of this Cause , because , albeit he had not possessed so long , as to attain the benefit of a Possessory Judgement , which would defend him , not only for bygones , but in time coming ; till his Right were Reduced , yet before Citation , he was bona fide possessor , & fecit fructus consumptos suos , which the Lords found relevant . 4ly . The Defender alleadged , that by the Pursuers Contract , he was to be comptable for the superplus of the Mails and Duties of the Lands , more then payed his Annualrent , and now the Defender coming in place of the Heretor , the Pursuer is comptable to him for the superplus . The Pursuer answered , that albeit he was comptable , he might detain those Annualrents , and impute them in his Principal Sum. The Lords having considered the Contract , found the Pursuer ought to be Re-possessed , but that he could not detain the superplus , but that he behoved to be comptable yearly to the Defender conform to the Contracte . Margaret Mcgil contra Ruthven of Gairn . November 22. 1664. MArgaret Mcgil pursues a Reduction of her first Contract of Marriage with Umquhil Patrick Ruthven younger of Gairn , upon two Reasons , First , because it was post nuptias , and so donatio inter virum & uxorem stante matrimonio revocabilis . 2dly . Because she was Minor , and enorlie leised , in so far as she disponed to her Husband , and the Heirs of the Marriage ; which failling , to his Heirs 8000 lib. of money , and above ; and the half of some Tenements in Edinburgh , worthie 1100 lib. yearly in leiu whereof , her Liferent was only of 8. or 10. Chalders of Victual , and of her own Tenements ; but she did not ●etain to her self the Liferent of the Money , or any Part of the Stock , whereby she is leised in that , if the Heirs of the Marriage fail the Money , and the Lands goes to the Heirs of the Husband , and returnes not to hers , and that her Provision being worth 20000 lib. she ought , at least to have had the double of the Annualrent thereof in joynter . The Defender answered to the first Reason , that it was no way relevant , seing this was expresly a Contract of Marriage , although after the Marriage there being no Contract before it is alike , as if it had been before the Marriage ; and to the second Reason is not relevant , unless it were enorme lefion ; for there being no Portion , or rule in Tochars and Joynters , but that some get a Joynter equivalent to the Aunualrent of their Tochar , some half as much more , some double , and it being ordinar , that Tochars are provided to the Heirs of the Marriage , which failling , to the Mans Heirs , here was no enorme lesion , or any thing extraordinar , although there were an equality . The Pursuer being a Burgess Daughter , and her Husband a Gentleman of an ancient Family , Quality should be compensed with Means . 3dly . The Pursuer , since she was Major had Homologat the Contract , by setting her Joynter Lands , and lifting the Rent thereof . The Lords having , before answer , heard Probation of the Provision , and of the Joynture , and having at length considered the whole Cause . They first Repelled the Defense of Homologation , because the Pursuer was not quarrelling what she got , but what she gave ; and therefore requiring Rectification to have more . They also sustained not the first Reason of Reduction , and found the Contract not to be a Donation betwixt Man and Wife : and they found the second Reason of Reduction Relevant , in so far as extended to an enorme lesion beyond the latitude of Contracts of Marriage amongst such Persons , and therefore found it not Relevant , to reduce the Fee of the Wifs Provision , but found it Relevant to add to her a further Conjunct-fee ; and therefore Rectified the Contract , in so far as she had Assigned her Sums of Money , without reserving her own Liferent thereof : and found , that seing the Fee returned not to her , she should have the Liferent of her own Portion , and her Provision out of her Husbands Estate , which is Eight or Ten Chalder of Victual further . Malcome Scot contra Laird of Bearfoord . November 23. 1664. BEarsoord having borrowed 4000 merk from Malcome Scot in Anno 1652. By his Contract , he is oblidged to pay the Annualrent thereof , and the Sum at certain Terms , which Contract bears , That for Malcoms better Security Bairford sets to him certain Aikers of Land , for 53. Bolls of Victual yearly , at Malcolms option , either to pay the Bolls , or to pay twenty shilling less then the Candlemess Fiers . Bairford alleadged , that Malcolm ought to compt for the full Fiars , and that the Diminution of twenty shilling , was Usurary , given Malcolm more then his Annualrents , indirectly by that abatement ; and therefore both by Common Law , and specially by the late Act of Parliament , betwixt Debitor and Creditor , that Addition was void . It was answered , that there was here no Usurary Paction ; But it was free to Malcolm Scot , to take the Lands by his Tack● for what Terms he pleased , and he might have taken it for half as many Bolls , or at four merks the Boll , for each Boll which would have been valid . 2ly . The Case of the Act of Parliament meets not , because that is only in Wodsets ; here there is neither Infeftment nor Wodset , but a Personal Obliegement , and a Tack . 3ly . There is a just reason to abate so much of the Boll , because the Tennent behoved to be at the Expense of the Selling thereof , and at the hazard of these that bought , if they failed in payment . The Lords Sustained the Tack , without Annulling the Abatement , and found it not Vsurary . Halyburtoun contra Porteous . Eodem die . HAlyburtoun having Married a Widow in the Potter-raw , there was no Contract of Marriage betwixt them , but he gave her first an Infeftment in all the Lands he had , the time of the Infeftment , and thereafter he gave her a second Obliegment , providing certain Lands to him and her , and the Heirs betwixt them , which ●ailzing , to devide betwixt their Heirs : Her Heirs pursuing to fulfill this Obliegment . Halyburtoun alleadged it was donatio inter virum & uxorem , and now he Revocked . Which the Lords formerly found Relevant , unless the Pursuer condescended , that this Infeftment was Remuneratory , for a proportionable Provision , brought by the Wife , and after condescendence , having considered what the Wife brought , and what of it was before the first Infeftment , and what interveened betwixt the first and the second ; Albeit whatever fell unto the Wife , was moveable , and would have belonged to the Husband , jure mariti ; Yet if it had been of that value , to have Served both the first and second Provision . They would have Sustained both , as Remuneratory in gratitude to the Wife ; but they found no such thing condescended on , or Instructed , and therefore they Reduced the second Provision . Collin Hay contra Magistrates of Elgin . Eodem die . COllin Hay pursues the Magistrates of Elgin , for the Debt of a Rebel , Escaping out of their Prison . They Alleadged Absolvitor ; First , Because it was in the time of Richard the Usurper . 2ly . The Rebel Escaped , by breaking through the Roof of the Prison , and they searched for him immediatly after . The Lords Repelled both Defenses , seing the Escape was in day light , during which the Towns Officer should Guard the Prison . Elizabeth Nisbet Lady contra Murray . Eodem die . ELizabeth Nisbit pursues a Poinding of the Ground , of certain Lands wherein she was Infeft , by Iames Wood her Husband . Compearance is made for Patrick Murray , who alleadged that he is Infeft by her Husband , his Debitor in the same Lands , and ought to be preferred . It is answered for the Lady , that she ought to be preferred , because both their Annualrents being base ; albeit her Infeftment be posterior ; Yet her Husbands Possession being her Possession , and she being Infeft before Patrick Murray's Infeftment was cled with Possession , must be preferred . It was answered for Patrick Murray ; First , That a Husbands Possession should be the Wifes Possession , cannot be understood in an Annualrent , because her Husband never Possessed an Annualrent , but the Property . This the Lords Repelled , and found the Possession of the Property , as jus nobilius , to contain the Annualrents eminenter . 2ly . Patrick Murray alleadged that the Husbands Possession being the Wifes , is only introduced in favours of Contracts of Marriage , favore dotis ; That because Wives cannot Possess , during their Husbands life ; therefore his Possession is accomp●ed theirs . But this Infeftment in question is not founded upon the Contract of Marriage , but upon a posterior Charter , of a different Tenor. 3ly . Patrick Murray used citation before C●nd●esmess , next after the Ladys Infeftment , and thereupon obtained Decreet in March , which must be drawn back to the Citation . So that the Husband could have no Possession betwixt the Ladys Charter , and his Diligence , there being no interveening Term. It was answered for the Lady , that this Priviledge is allowed to Wifes , that their Husbands Possession is theirs during their Marriage , favore datis , which may be without a Contract . 2ly . The Husband being in present current Possession , from the very Date of the Wifes Seasine , his Possession is sufficient to validate hers . The Lords found the Ladyes Infeftment to be first validat by Possession . It was further alleadged by Patrick Murray● that this Infeftment was donatio inter virum & uxorem , not being founded on the Contract of Marriage , which was satisfied before , at least it is to the prejudice of him a lawful Creditor , who was Infeft before the Lady ; and therefore seeing the Ladys Infeftment is so free and lucrative , both parties being now Disputing the Possession and power therein . The Ladys Infeftment cannot prejudge him . That the Contract of Marriage was satisfied ; he condescends thus , that the Husband was oblieged to Infeft his Wife in certain Lands , and to make them worth 18. Chalders of Victual , or otherwise at her option , to Infeft her in an Annualrent , ita est , she made her option , and was Infeft in the Property , after which she cannot return to this Annualrent in question . It was answered for the Lady , that the Clause being conceived in her option , must be Interpret her option not to receive the Infeftment , but to enjoy either of the two she pleased . First , A Seasine cannot import her choise , which might have been given by her Husband , without her knowledge upon the Preccept , contained in the Contract of Marriage , unless it were instructed , that she did accept the same by a Seasine , propriis manibus , or otherwise ; and that her Infeftment , was a valid effectual Infeftment . 3ly . Albeit that Article of the Contract of Marriage , were satisfied by taking her choise ; yet she being thereafter Infeft upon her Charter produced , in her Liferent Lands , and in the Annualrent in Warrandice thereof , or with power to her to make use of the Annualrent it self , principaliter , at her option , albeit her choice once made , will exclude her from the annualrent , principaliter ; yet not in so far as she is Infeft therein , to warrand and make up the principal Lands , which can be accounted no Donation nor Deed , in prejudice of a Creditor , because it doth but make real and effectual the personal obliegement of warrandice● contained in the Contract . It was answered for Patrick Murray , that this alleadgance non competent hoc loco , but he must only poind the Ground , until the Lady obtain a Declarator , of what is defective of her Liserent Lands , but cannot come in by way of Reply . The Lords found , that the Ladys acceptance of the Liferent Infeftment , satisfied the obliegement in the Contract of Marriage , and did not sustain the posterior Charter , to give her any further choice ; but sustained the Right of annualrent constitute therein , in warrandice of the Liferent Lands hoc loco , and ordained the Lady to condescend upon the several Rooms , what they payed , and what was wanting , that she might be preferred in the first place , and Patrick Murray in the second place . Alexander Livingstoun and Schaw of Scrnbeg contra Lord Forrester and Creditors of Grange . Eodem die . ALexander Livingstoun , as Assigney by Mistriss Margaret Forrester and Sornbeg her Husband , to some Debts owing to her by her Father . The umquhil Lord Forrester having Charged the remnant Daughters , and Heirs of Line , craves Adjudication of the Estate of Forrester and Barony of Grange , wherein the Lord Forrester Died Infeft . Compearance is made for a Creditor of Grange , who produces a Back Bond , granted by the Lord Forrester to the Laird of Grange , bearing , that the Infeftment was in trust to the use and behove of the Laird of Grange , and only to the Lord Forresters behove for Relief of Debts he should be ingaged in for Grange● and alleadged that he being Granges Creditor ; and now insisting against Grange , who has renunced to be Heir for Adjudging of the Estate of Grange ; for Granges own Debt he has good Interest in this Process , to alleadge no Adjudication of Grange Estate , because it is only in Trust , except in so far as may be extended to my Lord Forresters Relief : and if the Pursuer condescend upon any Distress or Ingagement , he will instantly relieve the same . The Pursuer answered , that he being now in an anterior Diligence to this Party , ought not to be stopped in his Diligence , but must be admitted to Adjudge from the Lord Forresters Heirs , whatever was in his Person . And the other Party may also proceed according to his Diligence , to Adjudge the Back Bond , and when he pursues thereupon , he shall have an answer . 2ly . There is no reason to stop the Adjudication , and to force the Pursuer to condescend upon my Lord Forresters● Debts or Interest , because a Creditor cannot possibly know them ; and therefore Adjudications are always granted , generally of all Right the Debitor had , and is the only ground upon which the Adjudger can pursue the havers of the Debitors Rights , to Exhibit and Deliver them , and thereupon to found Processes and Condescendences , but cannot be urged to condescend before he obtain Adjdication ; and also insinuat that he would take his Adjudication , with the burden of the Back Bond : But some of his Advocats resiled therefrom . The Lords having considered the Case amongst themselves , how dangerous it were , if the Creditors , or Persons intrusted , obtaining Infeftment of an intrusted Estate ; the Back Bond of Trust being personal , would not exclude them : and albeit the Person intrusted were not solvendo , as in this Case the Intrusted Estate , as to the Heirs and Creditors , would be inavoidablie lost . And some being of opinion , that a Personal Exception upon a Back Bond , could not be competent to burden , or qualifie a real Right , or an Action for obtaining thereof : But the most part were of opinion , that albeit the Right , if it were compleat , would be real ; yet this Action for obtaining thereof , is but Personal ; for real Actions are such only which proceed upon real Rights , and against the Ground , such as upon Annualrents ; and therefore this being a Personal Action , might be excluded , or qualified by a Personal Exception upon the Back Bond. And therefore they Adjudged , with the Burden of the Back Bond. Earl of Sutherland contra Hugh Gordoun . December 1. 1664. THe Earl of Sutherland pursues a Declarator against Hugh Gordoun his Vassal , that his Right being holden Feu , two terms has run into the third , and thereby the Right is extinct , not only by the Act of Parliament , but by a particular Clause in the Defenders Infeftment , at least in the Disposition , whereupon his Charter and Seasine proceeds . There is also called an Apprizer , who alleadged , that he being a singular Successor and a stranger to his Authors Rights , during the Legal unexpyred , is not oblieged to possess , and cannot omit his Right by his Authors fault , or by his own Ignorance . The Lords having considered this Case , and reasoning amongst themselves , upon the difference of a Clause Irritant , in an Infeftment Feu , and the benefit of the Act of Parliament , they found that if the Pursuer insisted upon the Act of Parliament , the Defender might purge the Failzie by payment at the Bar , but if he insisted upon the Clause in the Infeftment , it behoved to be considered , whether that Clause was in the real Right , by the Charter and Seasine , either specially or generally , under the provisions contained in the Disposition : Or if it was only in the Disposition . In which case , though it might operat against the Vassal , or his Heirs , yet not against the Appryzer , unless the Seasine had been immediatly upon the Disposition . In which case the Disposition serves for a Charter . And therefore ordained the Pursuer to condescend , and it is like , that in favours of the Appryzer , being a stranger , they would suffer him to purge at the Bar , utcunque in this Cause , it was not found necessar to cite all Parties at the Mereat Cross , albeit the Letters bear so . Veatch contra Paterson . December 2. 1664. PAterson having set some Lands to Veatch in Anno 1645. The Tack contained a Clause , that the Tennents should be relieved of all publick Burdens ; and having left the Land in 1653. two or three years thereafter , he raised a Pursuit against Paterson the Heretor , for payment to him of all the publick Burdens he had payed out , and renews the same Pursuit , and produces the Receipts of the publick Burdens , and alleadges that there was a Penalty in the Tack of an hundred pound , that he should Possesse Veatch , at the Entry of the Tack , wherein he failzied . The Defender alleadged , that it must be presumed , that all the Tickets and publick burden , was allowed in the Rent , or otherwise past from by the Pursuer , seing he voluntarly payed his hail Rent ; Or otherwise all the publick burdens in Scotland , payed by Tennent , may infer a Distress upon their Masters to repay the same . The Pursuer answered , that that presumption could not take away his Writ , viz. the Tickets produced ; but if the Defender gave Discharges , he ought to have made mention of the allowance of the publick Burdens therein . The Lords having considered the Case , as of Importance for the preparative , found the Defense upon the Presumption Relevant , unless the Pursuer instruct by Writ , or the Defenders Oath , that these Tickets were not allowed in the Rent : And as for the Penalty , the Lords found , that it ought to be restricted to the damnage , and that the same was not now probable otherwise , then by the Defenders Oath . Iames Wilson contra Alexander Home of Linthill . Eodem die . JAmes Wilson having pursued Alexander Home of Linthill , as Sheriff of the Shire , for the Debt of a Rebel , whom he suffered to Escape . In which , this Defense was found Relevant , that the Rebel in the taking , had wounded these that were taking him , and had Escaped vi majore , The Laird of Clerkingtoun contra The Laird of Corsbie● December 3. 1664. SIr William Dick having Appryzed some Lands , holden of the Town of Irving , and charged the Magistrates to receive him . The Laird of Corsbie having Compryzed the same Lands , some dayes after , was received by the Town , the next day after Sir Williams Charge ; and about a Month after , Sir William was also Infeft . Clerkingtoun having Right from Sir William , pursues Corsbie ; First , for Mails and Duties , Corsbie was found to have the benefit of a possessory Judgement , by seven years Possession , and thereupon was Assoilzied . Now Clerkingtoun insists in a Reduction on this Reason , that he having first Appryzed , and Charged the Superiour , they Colluded with the Defender , and gave him a voluntar infeftment , the next Day after his Charge ; and therefore his Infeftment , though after , ought to be drawn back to his Charge and Diligence , and he preferred . The Defender answered , that the Reason ought to be Repelled , because the weight of the Reason is the Pursuers Diligence , and the Superiours Collusion , which hold not , because all the Diligence Sir William Dick did , was the first Charge upon the Letters of four Forms , which bear only with Certification , that in Case of Disobedience , Letters of Horning would be direct simpliciter , and this is no more then a Premonition , and put no Obligation upon the Superiour , until the second Charge , which was Horning : Neither did Sir William ever insist any further then the first Requisition . The Lords found that the first Charge was sufficient , in this case , where the Superiour gave an Infeftment before the Expyring of the first Charge , and before the second Charge could be given , and thereby that a Superiour might prefer an Appryzer , though posterior to a prior , do what Diligence the prior could . But they found , that seing Sir William Dick had been silent , until his Legal Reversion was Expyred , and had not challenged the Defender , who was in Possession , and thereby had Excluded him from the benefit of Redemption competent to him , if he had been found to be but the second Right within the Legal . Therefore the Lords found Sir William Dicks Appryzing Redeemable by Corsbie , within year and day , after the Sentence . Mr. Iames Hutcheson contra Earl of Cassils . Eodem die . MR. Iames Hutcheson having Charged the Earl of Cassils for his Stipend . The Earl Suspends , and alleadges , first , that the Charger had no right to the Whitsonday Term , 1663. because that Term was past before his Presentation , at least before his Institution and Collation . 2ly . There being but a Decreet of Modification , and no Locality . The Earl alleadged Locality should be first made , and he lyable but for his proportional part of the Stipend . The Lords found that the Stipend affected the Teinds , and the Minister might take himself to any of the Heretors● in so far as he had Teind , and therfore sustained the Condescendence , and ordained the Charger to prove what Teind my Lord had , without prejudice to him to crave his Relief . Lady Craig and Greenhead her Husband contra Lord Luire . Decemb. 7● 1664. THe Lady Craig being Infeft in Liferent , pursues her Tennents . Compearance is made for the Lord Lui●e , who Appryzed the Lands of her Husband , and alleadges that he ought to be preferred , because he stands publictly I●feft , and any Right the Lady has , is but base , holden of her Husband ; and before she attained Possession● he was publickly in●eft . It was answered for the Lady , that her Husbands Possession is her Possession , and so her Infeftment was cled with Possession , from the Date thereof : It was answered that that holds only in the case of an Infeftment to a Wife , upon her Contract of Marriage ; but this was but an additional gratuitous Infeftment , stante matrimonio , she being competently provided before by her Contract . In which case such Provisions cannot prejudge Lawful Creditors , neither can the Hushands Possession give the benefit of a possessory Judgement to the Wife , unless she had Possessed seven years after his Death . The Lords found , that such Infeftments as these , being gratuitous and voluntar , could not be prejudicial to the Husbands Creditors , nor give the Wife a possessory Iudgement : And the case here being with a Creditor of the Husbands , they did not proceed further to consider , and determine , if the Husbands Possession , in such a case , would not validat the base Right , as to any acquired Right thereafter . Eccles contra Eccles. Eodem die . IN an Action of a Compt and Reckoning betwixt these two Infants . It was alleadged for the Defender , that he being pursued upon his Fathers back-bond , oblieging him to make Compt and Payment of the means of umquhil Fergus Eccles his Brother , to Thomas Eccles● , and umquhil Andrew Eccles , the Pursuers Father . It was answered , upon condition that Mr. Hugh , the Defenders Father should have the third part to himself . The Question was concerning the manner of Probation . The Pursuer alleadged , it was only probable scripto , he being a Pupil and his Father dead . The Defender alleadged , it was probable by the Tutors Oath , being so likely in it self , that Mr. Hugh being the third Brother , should have the third share , and that Thomas the Tutor did accordingly allow him the third share ; and there was produced a Testificat of Balloche , that there was an agreement Notwithstanding whereof , the Lords refused to take the Tutors Oath , ex officio , seing they found , albeit it were Affirmative it could not prove against the P●pil . Scot in Cairlyle contra Henderson and Wilson . December 8. 1664. RItchard Scot having Charged Henderson and Wilson upon their Bonds , they Suspend , and offer them to prove payment of a part , by Witnesses , and alleadges that it being the Law of England , that W●tnesses can prove to take away Writ , that therefore these Bonds being Contracted in England , with English men , the Suspenders ought to have the same benefit of Probation , they would have had , if they had been Arrested in England , upon their Bonds , or pursued there , and adduced a Practick of Dury , in Anno 1628. The Lords having accuratly Considered and Debated this Case amongst themselves , and finding that locus contractus , was in England . But the Bonds bare expresly a Clause of Registration in Scotland : And that such Bonds had been ordinar betwixt Merchants in England , and Merchants in Scotland ; and in no time such a Probation admitted , and that it would furnish an ordinary delay in such Cases , to the disadvantage of Merchants , and hindering of Trade , by always offering to prove payment in England , by Witnesses , which could require long time . Therefore they found the reason only probable , scripto vel juramento . Mr. Cornelius Inglis contra Mr. Rodger Hogg . December 9. 1664. MR. Cornelius Inglis pursuing a Removing against certain Tennents near Dumbar , upon an Infeftment and Appryzing . It was alleadged for the Tennents , that they were Tennents to Mr. Rodger Hogg , by payment of Mail and Duty to him , and he was not called . The Pursuer answered non relevat , unless the Defenders condescend upon Mr. Rodgers Right , which might defend him and them . The Defenders answered , first ; that they could not be oblieged to Dispute their Masters Right , but he ought to be called to Dispute his own Right . 2ly . It was insinuat , that Mr. Rodger had an Appryzing , and a Charge against the Superiour . The Lords repelled the Defense , unless the Defenders condescended upon such a Right as were valide to exclude the Pursuer , being prior to his : but the Tennents alleadged no such Right , and Mr. Rodgers Charge was posterior to the Pursuers Infeftment . Iohn Veatch younger of Dawick contra Alexander Williamson . Eodem die . JOhn Veatch pursues Williamson upon the Act betwixt Debitor and Creditor , for paying to him of his proportional part of the Mails and Duties of Appryzed Lands , as coming in pari passu with the Defender , by an Appryzing , within a year of his . The Defender alleadged absolvitor , because he has Right to the first Appryzing , led before the Act of Parliament , betwixt Debitor and Creditor : and therefore he has the benefit of the 21. Act of the last Session of Parliament , declaring , that where an Appryzer , for his own Security , had redeemed a prior Apprysing , and gotten Right thereto before the Act , betwixt Debitor and Creditor . The said first Apprysing should have the same effect , it would have had before the Act , Debitor and Creditor , and should not come in pari passu . The Pursuer answered , that behoved only to be understood , where the second Appryzer had upon necessity to shun the expyring of the legal redeemed , and gotten Right to the first Apprysing , which could not be said here , because the Debitor being minor , the legal had , and has a long course to run . The Lords sustained the Defense without any such limitation , in respect of the express Tenor of the Act of Parliament . Robert Learmonth contra Laurance Russel . Eodem die . RObert Learmonth being pursued by Laurance Russel , for the price of Wines , and the matter referred to his oath , gave in a qualified Oath , bearing , that the Wines in question were sent to him , not to be sold till further order , and that therefore he keeped them unsold till the end of the year , and when they were in hazard of spoilling , sold them for 12 pound Sterling the Tun , and that he that sent them , was Debitor to him by Bonds and Decreets , in a greater sum . It was alleadged , neither member of the quality was competent ; not the first , because it was offered to be proven , that the Wines at that time gave 20. pound Sterling ; and not the second ; because it was an exception of Compensation , and relative to Writ . The Lords sustained the first member of the quality , but rejected the second , and found it relevant to be proven , by way of exception . Goldsmiths of Edinburgh contra Robert Haliburton . December 10 : 1664. THe Goldsmiths of Edinburgh having obtained Decreet against Haliburton , as Heir to his Father . He suspends upon this Reason , that the Goldsmiths confirmed themselves Executors Creditors to his Father , and must allow the Inventar , which either they have in their hand , or at least should have done Diligence therefore . It was answered for the Executors , that they being Executor Creditors , are not lyable for Diligence , having Confirmed but to their own behove , for their payment , and as Creditors may arrest , apprize , and do all Dilligence , severally , the one but prejudice of the other , so may they Confirm . 2ly . They found , that having Confirmed in Edinburgh , whereas the Defunct lived and died within the Diocie of Glasgow , that therefore their Title was null ; and therefore did not proceed . And lastlie oppons their Decreet in foro . The Suspender answered , that they can never object against the nullity of their own Title . 2ly . All that time there was no Commissioriat Constitute for the Shire of Air , where the man died , and so Edinburgh was communis patria . The Lords having Debated the general case , whether Executor Creditors were lyable for Diligence , waved the same , but found that in this Case , in respect of the questionableness of a Title , they would not find them lyable upon their negligence . Lyon of Muirask contra Sir Robert Farquhar . Eodem die . MVirask having pursued a Declarator of Redemption of the Lands of Balmellie , against Sir Robert Farquhar , Litis●ontestation was made in the Cause , wherein the Order was sustained , proceeding upon an Adjudication against Sir Iohn Vrquhart , as Heir to his Goodsire , and it was offered to be proven , that he died in the Right of the Reversion of this VVodset , which was but base and holden of the granter , for proving whereof , his Charter was produced , bearing the Barony of Craigfintrie and Balmellie , per expressum . At the advising of the Cause , It was alleadged that the Defender having protested for Reservation , contra producenda . It is now instantly verified , that the Grand-Father died not in the Right of the Reversion , but that he was denuded by Disposition to his Son , instructed by his Charter produced . The Pursuer answered , that he opponed the state of the Process . And if such a Defense were now competent , it ought to be Repelled , because he hath Right from Sir Iohn Vrquhart , who is Heir Served and Retoured to his Father , in whose favours his Grand-father was Denuded , and has declared , that he consents to the Declarator upon that Ground , and Renounces all other Right . The Defender answered , that the order having been only used upon the Adjudication from Vrquhart , as Heir to his Grand-father , if that be excluded , albeit the Pursuer have another Right , he must use the Order , de novo , and redeem thereupon . 2ly . Sir Iohn Vrquharts Right produced Renounces , but does not Dispone any Right to the Pursuer . The Lords having considered the state of the Process , found that a Reply instantly verified , is receiveable post conclusum in causa , unless it were alleadged to have been known to the Proponer , and dolose omitted ; by which the Pursuer might be put to a Duply , suffering new Probation . But the Lords found that the Charter produced , bearing the Grand-father to be Denuded , did not instantly verifie , because it expressed not Balmellie , and would not allow a Term to prove , part and pertinent . It was further alleadged by the Defender , no Declarator till the Sums consigned were reproduced at the Bar ; especially , seing it was offered to be proven , that the Pursuer lifted them himself , and he being at the Bar , it is instantly verified . The Lords sustained the same , and Declared , the Sums being Reproduced before Extract , and that the Pursuer shall be lyable for Annualrent , or the Wodsetter shall retain the Duties effeiring thereto . Lord Rollo contra His Chamberland . December 13. 1664. THe Lord Rollo having pursued his Chamberlain for Intromissions , conform to a particular accompt libelled . The Defenders have compeared , offered to prove he was Discharged , which was found relevant ; and now producing the same , it proves but for a part ; whereupon the Pursuer craved Sentence for the rest : It was alleadged for the Defender , that there was nothing produced to instruct the Intromission . The Pursuer answered that the Defender having made Litiscontestation , upon a Discharge , without denying the Intromission , he has acknowledged the Libel , and the Pursuer cannot be put to prove the same , without inverting the Order , and making two Litiscontestations in the same Cause . The Defender answered , that this being but an omission of the Advacats or Clerks , of a thing palpable , the Lords might repone the Defender . The Lords adhered to the Act of Litiscontestation , but referred to some of their number , to move the Parties to what was equitable ; and it was thought , that if the Defender would alleadge that he was not Intrometter , for these particulars , but that they were in the Pursuer , or his other Chamberlains hands , and were instantly verified by his oath , it were receivable . Bishop of the Isles contra Iames Hamiltoun . Eodem die . THe Bishop of the Isles pursuing Hamiltoun a Merchant in Edinburgh , for his Teind Fish taken in the Isles , which is a part of the Bishops Patrimony . The Defender alleadged ● that he being a Merchant , and not a taker of Herring , cannot be lyable for the Teind thereof , no more then if one should buy Corns in the Mercat , or out of the Barn-yard ; he could be conveened for the Teind . It was answered for the Pursuer , that it was the immemorial custom that the first buyer from the Fishers , should be lyable to the Bishop of the Isles , for the Teind of the Fish , bought , and for proving thereof , produced a Decreet at his Predecessors instance , against some Merchants in Edinburgh ; which Decreet did bear , that in a former Decreet , betwixt the same Parties , the Bishops had proven immemorial Possession against the Merchants . 2ly . The instance holds not of buying Corns in the Mercat , or Barn-yeard ; but if any body should buy the whole Cropt , when it was upon the Land untaken off , being in the Sheaves or Stoucks , he would undoubtedly be lyable as Intrometter for the Teind : so if any Merchant bought not upon the place , where the Fishes were taken , he was not lyable : but buying the Fish fresh , as they were taken , in whole Boat-fulls , and selling them there themselves ; such Merchants must be liable as Intrometters . The Defender answered , that the Immemorial custom was indeed Relevant , but a Decreet against some few Persons , could not prove it against others , being inter alios actum . But here there was only a Decreet bearing , that there was a former Decreet , in which that was proven . The Lords sustained that member against these who bought the hering and salted them themselves , to be proven by their Oaths , and would not sustain the Probation of the Custom , seing the principal Decreet was not produced , unless that at least the Testimonies proving that Custom , were repeated and produced out of the old Process , that it might appear , whether there were any ground of Objection against the manner of Probation . Lady Colvil contra Lord Colvil . December 14. 1664. THe Lady Colvil pursues the Lord Colvil to relieve her of the whole Debt , hererable and moveable of the Defunct , his Predecessor , because the Defunct in his Testament , had named her , his Lady , Executrix and universal Legatrix , with a special Clause , that she should be free of all his Debt whatsomever . The Defender alleadged Absolvitor , because no Deed done by a Defunct in lecto , or in Testament can prejudge his Heir . The Pursuer replyed , that this Testament was made in the Defuncts leige poustie . The Defender answered , that on Death-bed , and by Testament equiparantur . Which the Lords found Relevant and assoilzied . Laird of Phillorth contra Forbes of Aslocon . December 16. 1664. PHillorth as Donatar to the Escheat of Forbes of Aslocon , and having obtained general Declarator , insists in his special Declarator . It was alleadged Absolvitor , because the Horning , whereupon the Gift was granted , is null , in so far as being beyond Dee , it is upon six dayes , contrair to to the Act of Parliament 1600. Declaring all Hornings beyond Dee , on less then fifteen dayes null , conform to a Decision in Dury , albeit on a Bond , bearing a Clause of Registration on six dayes only● February 14. 1625. Steuart contra Bruce . It was answered for the Pursuer , that the Acts of Parliament hinder not the agreements of Parties ; but is expresly anent Hornings , on Lawborrows or the like ; but these are on the parties own consent by the Clause of Registration : and if these should not be valide , all the Hornings and other Executorials thereon beyond Dee , since 1600. would be null , and such Bonds would have no effect ; seing upon the Clause of Registration , Horning could not be otherwise direct on six dayes , and so they should not have any summar execution . The Defender answered that the Act is general of all Hornings , and bears a general Reason , because it is impossible for Parties at such distance , to come to Edinburgh to Suspend in four dayes , and privat pactions cannot derogat from general Laws , where the express reason is for publick utility , contrair to which , no man can make himself Rebel , more then he can give power to Incarcerat himself , where Law gives no warrant , but prohibits . The Lords Repelled the Defense , and sustained the Horning . Innes contra Forbes of Touchon . Eodem die . INnes having Charged Forbes of Touchon on an Act of Adjournal , for an Assythment , for wounding him , and reparation of his Blood. He Suspended , and alleadge the Act was null , wanting Citation , Compearance or probation . It was answered , that being the Act of the Justice General , who is Supream in criminalibus , it cannot be recognosced by the Lords . The Lords having considered the case amongst themselves , thought that in what was truly Criminal , as to corporal pains or amerciaments in way of punishment , they would not medle with the Justice Sentences , but Assythment , being civil for the Damnage and Interest of the Party , pursuable before the Lords , they might recognosce thereon , and therefore in respect that the Probation of the Fact was by a Process before the Baillies , they ordained that Process to be produced before answer , and the Suspender to condescend if there was any exorbitancy in the Sum decerned for the Assythment . Mr. Thomas Paterson contra Watson . December 17. 1664. MR. Thomas Paterson Charges Watson to remove from his Gleib , who alleadged the Designation is null , because it is not subscribed by the Ministers Designers , but is only the assertion of a Nottar . 2ly . By the Act of Parliament 1663. anent Gleibs , there is an exception of Royal Burrows , to which Ministers Gleibs are not due , ita est , Dysert is a Royal Burgh . The Charger answered to the first , that the having a warrand from the Bishop and Presbytrie his instrument of Designation is as sufficient as a Seasine , to give Right to Land. And to the second , the Royal Burrows excepted , must only be understood of such who have not a Landwart Congregation , but are chiefly constitute of an Incorporation for Trade ; but this Burgh is notourly known to be but a Burgh of Barony , holden of the Lord Sinclar ; albeit it has the priviledge of Vote in Parliament , and is a Parsonage . The Lords Sustained the Designation , but before Extract , ordained the Testificat of the Ministers Designers , under their hands to be produced . Sarah Blomart contra Earl of Roxburgh . SArah Blomart pursuing the Earl of Roxburgh : he alleadged she could have no Processes , being of the Vnited Provinces , who are declared enemies to His Majesty . It was answered , that there was no Denunciation of War by His Majesty , as King of Scotland , nor any Proclamation in Scotland to that purpose . It was replyed , that there was a Warrant by the King and Council , to cease upon all the Dutch Vessels in Scotland . The Lords found that this was but an Imbargo , and no Denunciation of War in Scotland , and therefore found Process . Mr. Iames Reid Minister of North-Leith contra William Melvil . December 20. 1664. MR. James Reid Charges William Melvil for the Teind of hard Fish , bought by the said William in the Lewes , and imported by him at Leith . He Suspends on this Reason , that he bought the said Fish from Merchants in the Mercat , and did neither take the same himself , nor bought them immediatly when they were green from the Taker , and so can be lyable for no Teind . The Charger answered , that he is decennalis & triennalis Possessor of getting twenty shilling of the Last , of all Fish imported at New-haven ; and for instructing thereof , produces a Decreet in Anno 1634. and another in Anno 1662. and if need beis , offers him yet to prove Possession . The Defender answered , that these Decreets are expresly against the Fishers or Takers of Fish , but not against Merchants , buying and importing the same : and as for the Custome , non Relevat , unless it were an universal Custome established by Sentences ; for if some few Merchants should have to save themselves trouble , given an uncertain acknowledgement , according to their own discertion , and no fixed Duty , nor by no compulsive way , it imports not . The Lords Suspended the Letters , except only for such Fish as should be taken by the Boats and Fishers of New-haven . Agnes Young and her Husband contra Buchanans . Eodem die . AGnes Young pursues Buchanans , her Children , for her third of her Husbands Moveables , and for her Liferent use of the other two thirds , conform to her Contract of Marriage , whereby she is provided , to his Liferent of all Goods and Geir , conquest during the Marriage , moveable and immoveable . The Defenders answered , that the Pursuer cannot both have the third and the Liferent of the whole , because it must be presumed , that the Liferent of the whole , was given in satisfaction of the third and all . The Pursuer answered , that this could not be presumed , unless it had been so exprest , no more then a Terce is excluded by a provision of Liferent , unless it bear in satisfaction of a Terce . The Lords found the Defense Relevant , that the Pursuer could not both have her third , and the Liferent of the rest , but gave her her option , either of the third , provisione legis , or of her Liferent of the whole , provisione hominis . Earl of Athol contra Iohn Scot. Eodem die : THe Earl of Athol having obtained Decreet against Iohn Scot , before the Commissar of Dunkeld , for the Teinds of the said Iohn his Lands . He Suspnds , and raises Reduction on this Reason , that albeit the Decreet bear a Defense proponed , that the Teinds in question are Mortified by the King to a Kirk , and that the same was found Relevant , and that the said Iohn succumbed in proving thereof , yet he offers him to prove that before the Term elapsed , he produced the Mortification before the Commissar , and thereupon took Instruments , which is produced . Which the Lords found Relevant . Mr. George Norvel Advocat contra Margaret Sunter . Eodem die . MR. George Norvel pursuing for Mails and Duties upon an Appryzing . Compearance is made for Margaret Sunter , who alleadged absolvitor because she was Infeft in Liferent , before Mr. Georges Right ; which being found relevant for instructing thereof , she produced her Seasine . Which the Lords found not to instruct without an Adminicle , and therefore sustained the Decreet . The said Margaret raised Reduction of this Decreet , on this Reason , that now she produced an Adminicle , viz. her Contract of Marriage . 2ly . That the Decreet is null , because the quantities are not proven . The Charger answered to the first , that the Lords having found the Exception not proven , the Pursuer could not be admitted in the second instance against a Decreet , in foro , upon production of that which she should have produced at first . As to the second , he needed not prove the quantities ; seing her exception was total , without denying the quantities . The Lords found the Decreet valide , but ordained some of their number to deal with Mr. George , to show favour to the poor woman . Doctor Ramsay contra Mr. William Hogg and Alexander Seton . December 22. 1664. THese three Parties having appryzed the same Lands , the first Appryzer being Infeft , the second not being , and the third being Infeft : The first Appryzer declared he would not insist for the Mails and Duties of the whole , but only possessed a part . The question came , whether the second Apprizer , not having Charged , should be preferred to the third , who was Infeft . It was alleadged for the second Appryzer , that he needed not be Infeft , because the first Appryzer being Infeft in all , he had the only jus proprietatis , and there was nothing remaining , but jus reversionis , which the Appryzing alone carryed : and as the second Appryzer might redeem the first ; as having the right of his Reversion ; so he might force him , either to possess the whole , whereby his Appryzing might be satisfied , or give warrant to the second to Possess the remainder , so likewise he might use Redemption . It was alleadged for the third Appryzer , that if the question were of the Redemption of the Land , the second had good Right ; but the question being for the Mails and Duties , a right of Reversion , could never carry these without a Seasine . The Lords considering the Point in Law and the great disadvantage the Leiges should sustain , if all Appryzers were necessitat to take Infeftment , They prefered the second Appryzer . Cornelius Inglis contra Mr. Rodger Hog . Eodem die : MR. Cornelius Inglis being Infest upon an Appryzing , pursues a Removing ; compearance is made for Mr. Rodger Hog : who alleadged that he is also Infeft , and had charged the Superiour , though , after the first Appryzer , and had possessed seven years , by lifting the Mails and Duties ; and therefore craved the benefit of a Possessorie Judgement . The Lords having considered the Case amongst themselves , whether an Appryzing and Charge , without Infeftment could give the benefit of a Possessorie Iudgement . They were equally divided in their Votes , and the President resolved before he gave his Vote to settle the Parties . contra Edmistoun of Carden . Ianuary 6. 1665. EDmistoun of Carden being pursued by a Creditor of his Fathers , as Lucrative Successor to his Father , by accepting of a Disposition of his Fathers Lands , after contracting of the Pursuers Debt , alleadged absolvitor ; because , being pursued beforeby another Creditor of his Fathers , he did then alleadge , that his Disposition was not Lucrative ; but for a Cause onerous , equivalent to the worth of the Land , which he proved , by instructing the Rental , and Rate of the Land , at the time of the Disposition , by Witnesses , and the Sums undertaken for it by Writ , whereupon he was Assoilzyed , and can never be again conveened upon that ground ; nam obest exceptio rei judicatae , for if he had been condemned as Lucrative Successor● upon the other Creditors Probation : It would now have proven against him , and therefore , his beng Assoilzied must be profitable to him against others ; unless Collusion were alleadged and Instructed . The Pursuer answered , that this absolvitor was res inter alios acta : and albeit a Condemature would have been effectual against the Defender , non sequitur , that an absolvitor should also be effectuall for him ; because he was called to that Condemnature , but this Creditor was not at all called to the absolvitor . 2. Even in a Condemnature , if the Defender had omitted any thing , that he might have alleadged , in the one case competent , and omitted , would not hinder him to propone the same against another Creditor . Therefore the Defender can only repeit the grounds of that absolvitor ; which if he do , the Pursuer will alleadge . That whereas , in the absolvitor , the Defender was admitted to prove the Rental . The Pursuer omitted to crave the benefit of Probation , which he would have gotten ; and this Pursuer offers him to prove , that whereas the Rental was proven to but 18. Chalders of Victual , the true Rental was worth 30. Chalder . 3dly . A part of the onerous Cause , was the Portion of the Defuncts Children , which would not Prejudge the Pursuer being an anterior Creditor● The Lords found , that the absolvitor could not prejudge this Pursuer , as to these points omitted ; and that it could not have effect inter alios , except it had been in re antiqua , where the Witness had died , that in that case , the Testimonies out of the former Process , might be repeited ; but as to the Rental , the Lords would not give the Pursuer the sole Probation● being so lubrick a point , as not only what it payed , but what the Lands were worth , and it might have payed ; and ordained Witnesses to be examined , hinc inde ; and found , that the Bairns Portions not being payed bona fide , before the intenting of this Cause , could not prejudge the Creditor : but ordained the Defender to Suspend on double Poynding , against the Pursuer and the Bairns ; but in regard of so much ground , in the matter , they declared they would not sustain the Passive Title , to make him Successor universal , but only as to the just Price , and the Cause Onerous . Grahame of Blackwood contra Brouns . Ianuary 7. 1665. JOhn and William Brouns , having Appryzed certain Lands ; and William Grahame having Appryzed the same , within a year after , pursues an Accompt and Reckoning against the first Appryzer , upon the last Act of Parliament , betwixt Debitor and Creditor ; and craves to come in pari passu with the first Appryzer , not only as to there Mails and Duties of the Lands Intrometted with by the Appryzer , since the said Act of Parliament ; but also for these Duties that were Intrometted with before the said Act ; and that , because the Act bears expresly , That such Appryzing shall come in pari passu , as if there had been one Appryzing led for both . It was answered , for the first Appryzer , that what he did uplift bona fide , before any Process intented against him , at this Pursuers instance , he cannot pay back a part thereof to the Pursuer ; because he is bona fide Possessor : and because the Act of Parliament bears ; That such Appryzings shall come in pari passu : which being in the future , must be understood to be from their intenting of Process , at least from the date of the Act , but not from the beginning . The Lords having considered the Tenor of the Act of Parliament , found that such Appryzings should only come in pari passu , from the date of the Act ; but that the bygones uplifted by the first Appryzer , before the Act should be accompted to him in his Sum , but no part thereof repeited to the second Appryzer ; and found that the Sums Appryzed for Principal and Annualrent of both Parties , should be restricted , as they were the time of the Act of Parliament , in one total Sum ; and the Rent to be received from that time proportionally , to the total Sums ; and that the first Appryzer should have allowance in his preceeding Intromission of the expenses of the composition to the Superiour , and the charges of the Appryzing , without compelling the second Appryzer , to pay him the same . Normand Lesly contra Gilbert Gray . Ianuary 10. 1665. NOrmand Lesly , charges Gilbert Gray Provost in Aberdeen , to pay 2000 merk , for which he was Cautioner for William Gray . He Suspends , and alleadges , that the Charger had gotten an Assignation from the said William Gray , to an Bond granted by the Earl of Errol , to him and therefore craved , that the Charger might be decerned to transfer that Assignation to him , being given for the security of the same Sum. It was answered , that the Charger was only oblidged to give a discharge to his Cautioner , and not an Assignation of the Bond it self , and much less of any security ex post facto he had gotten therefore . The Lords declared , they would not give the Charger Process , till he Assigned the Bond , and all security gotten therefore to the Cautioner . William Reid contra John Reid . Eodem die . WIlliam Reid pursues Iohn Reid , as his Tutor , to deliver all Writs belonging to the Pupils Father , or which were in his Custody ; and Possession quovis modo Intrometted with , by the Tutor . Who alleadged , the Pupil could have no interest in any Writs , but these which belonged to his Father . The Lords found , that Pupil had interest to call for Exhibition , and Delivery of all Writs that were in his Fathers Possession quovis modo , and ordained the Tutor to exhibit all , but prejudice to any Partie having interest , to crave the delivery of these Writs if they belonged to them . Campbel contra Mary Bryson . Eodem die . GEorge Campbel having right by Adjudication , to the Reversion of a Wodset , of some of the Lands of Newlistoun , Wodset by the Laird of Newlistoun ; to Andrew Bryson Baillie of Edinburgh , whereupon he was publickly Infeft ; and thereafter did dispone the same to his Daughter Marry Bryson , and she was Infeft , holden of her Father ; which Disposition contained a power to the Father , to dispone on the Sum in the Wodset Right , during his Lifetime , without her Consent ; after all Andrew Bryson obtained a Confirmation of the foresaid Wodset : with Addition of 16. aikers of Land more , for the same Sum , which was conceived in favours of himself , and the Heirs of the Marriage , whereupon he was Infeft . The said George having used an Order of Redemption ; craved Declarator . Compearance is made for the said Mary , who craved the said Sum to be delivered up to her . It was alleadged by the Pursuer , that she could not have up the Sum , unless she were Infeft , as Heir to her Father , both in the first and last Wodset , and resigned the same ; and so liberat the Land of the Burthen thereof ; for albeit she was Infeft proprio nomine , yet it was but base holden of her Father : so that the Superiority remained with her Father ; and she behoved to be Infeft as Heir to him , and renunce the same . 2. The Corroborative Wodset stood in her Fathers Person , who by her Disposition had a Power to dispose of the first Wodset ; and so had altered the Fee thereof to himself , and his Heirs . It was answered , that the second Wodset was taken when Maries mother was dead ; and she the only child of that Marriage : and so was alike , as if her name had been expressed . 2. The Declarator it self will sufficiently secure the Redeemer , albeit there were no Resignation . 3dly . The second Wodset , is but accessory to the first ; so that the said Mary , having power to renunce the first Wodset proprio nomine , the second may be declared to be extinct in consequence , and further , offered Caution , if need were , to warrand the Redeemer . The Lords found the Lands to be Redeemed , but ordained the Money not to be given up , untill the said Mary had Infeft her self , as Heir to her Father , and Resigned , for they thought , the Redeemer ought to put upon no hazard of repetition , or of the danger of the Infeftment unrenunced ; seing it was the ordinar Course to be Infeft , and to renunce . Magaret Arnot contra Mr. Robert Arnot . Ianuary 11. 1665. MArgaret Arnot pursues a Reduction , of a Decreet of Exoneration , obtained by William Arnot her Uncle , and Executor to her Father . It was alleadged , for Mr. Robert Arnot , Son and Successor to the said William , that all Parties having Interest were not called . viz , The Creditors , and Legatars , who were concerned in the event of the Reduction ; for if there Sums and Discharges were not allowed , according to the Exoneration . The Defender behoved to return upon them , for payment ; and therefore they ought to be called to defend their Interest . The Lords repelled the Defense , and found no necessity to call the Creditors and Legatars , but that the Defender might intimat the Plea to them . Neilson and Calender contra Ianuary 12. 1665. NEilson and Lodovick Calender her Spouse pursue a Transferrence of an old Summons , on which there was an Inhibition used . It was alleadged , that the Executions , of the first Summons were new , and by ocular inspection false , and craved the Pursuer might abide thereby , who refused ; and so being without an Execution on the first Summons , but having an Execution on the second were null , The Pursuer craved them to be Transferred instatu quo , but prejudice to the Defender , in the cause to alleadge no Process ; because the first Execution was wanting . The Lords refused to transfer , but some were of opinion , that a new Summons , in eadem causa would be sufficient to make the In●ibition effectual , being raised on the Summons of Registration of a Bond , others thought that albeit the Style bear , that Inhibitions were not granted , but upon fight of the Summons execute ; yet it was ordinar to give it on an unregistrate Bond , or a Charge to enter Heir Execute , though there was neither Decreet nor Dependence ; and therefore , though Executions be put on to get , these raised ; yet they are not adhered to , but now used so , that this Summons , though without Execution , yet might be transferred , and thereon Executions might be used , and thereby the Inhibition stands valid , which was the more clear way , for albeit Summons bear to cite to such a day next to come and so ordinarily cannot be used , no citation being thereon within the year ; yet the Lords special warrand may allow a Summons to be sufficient for citation thereafter , as well as they may give other priviledges Janet Shand contra Charles Charters . Ianuary 13. 1665. CRichtoun of Castelmain , and Crichtoun of St. Leonard , granted a Bond to Iohn Shand , and Herren his Spouse ; the longest liver of them two : and their Heirs , &c. With a Clause for Infeftment , whereupon there was an Appryzing , led in Iohn Shands lifetime , against one of the Debitors : thereafter , Iohn Shand charges the other Debitor for payment ; after the Charge ; Iohn Shand gives in the Appryzings , to be allowed , and after his Death , his Wife takes Infeftment upon the Appryzing , the Bond being now produced before the Lords , in an Exhibition , pursued by Ianet Schand as Heir to Iohn Shand. There is a competition for delivery , betwixt Ianet Shand , as Heir to Iohn Shand ; as being Heritable , and Charles Charters , as having right from Herrein , Iohn Shands Relict , as being moveable . It was alleadged by the Heir , that the Sum became Heretable , by the Superveening of the Appryzing . It was answered , that there was a Charge after the Appryzing , which returned the Bond to be moveable . It was answered , that the Charge was not against the Partie , whose Lands was Appryzed , but against the other Party . 2ly . The Charge could only return the Bond to its first condition , before the Appryzing : So that the Bond being since 1641. the Relict is excluded ; and the Charge cannot bring her in . 3ly . Albeit it could , yet after the Charge the Defunct returned to his Heretable Right , by obtaining that Appryzing allowed , which allowance , the Relict produced , and took Infeftment : so that these last Acts being upon the Real Right , the Heir must be preferred ; and therefore the ground of preference of the Executor , or Heir , is the will of the Defunct , either to make use of his Heretable or Moveable Right , which is still ambulatorie , and in his power ; and whatever Right he last makes use of , evidences his choise , and according thereto , the Right is either Heretable or Moveable : but here he did last make use of his Real Right , by allowance of the Appryzing , after the Charge , which the Relict homologat , by taking Infeftment conform . It was answered , for the Creditor of the Relict ; that this being on Debt , though due by many Debitors . The Charge against one , did sufficiently show the purpose of the Defunct , to make use of his Right ; and the Charge doth render the Bond simply moveable : and doth not return to the condition it was before the Appryzing . To the 3. passing from the Charge must either be express , or a Deed of evident consequence , but the allowance of the Appryzing is not such ; which might be done only ad hunc effectum , that if the Appryzer should pass from his Charge , the Appryzing might revive , and be secure . The Lords found the Sum Heretable . Charles Charters contra a Skipper . Eodem die . CHarles Charters having fraughted a Ship to Queensburgh , by Charter Partie . The Skipper was to ly so many lye dayes , and to bring a Fraught thence ; he returned without full Fraught , whereupon Charles refuses full payment ; and being decerned by the Baillies of Leith to pay the rest , he Suspends on this Reason , that the Skipper ought to get the Fraught only proportionally to the Loading , and offers to prove the third part less then the full Loading brought home , and that the Skipper could not have his full Fraught , unless he instruct that he intimat to the Factor at Queensburgh , to whom he was direct , of his coming , and that he lay his lye dayes , and after Intimation to the Factor to give him any Ware he had , he took Instrument , or protested thereon . The Lords found , he ought to prove the Intimation , ut supra , by Witnesses but required no Protest , or Instrument thereon . Edgar . contra Edgar . January 17. 1665. ISobel Edgar pursues for 4000 merks , provided in her Mothers Contract of Marriage , by this Clause ; whereby her Father having married her Mother to his second Wife , oblidged him , and the Heirs of the first marriage ; which failzing , his Heirs and Executors to pay to his Bairns of the second Marriage , 4000 merks , albeit there were but one of them ; and if there were more , the same Sum to be divided among them , the Portions of the Male Children to be payed at their age of 21. and the Femal at the age of 18. And to pay them five of each hundreth after his Death , till the Terms of payment . Ita est , the Heirs of the first Marriage failzied by decease , and there was four Bairns survived of the second Marriage , whereof two died , before they attained to their age mentioned in the Clause , and now there remains but two , the Pursuer and her Brother , who is become Heir ; whereupon she alleadges , that she hath the benefit of the whole 4000 merks . It was answered , for the Brother , that he hath right to the half , because he is a Bairn of the Marriage as well as she ; and albeit he be become Heir , yet that takes not away his Share , by this oblidgment as a Bairn of the second Marriage . 2ly . Albeit his being Heir would exclude him , yet the Portions of the two that are deceased having become Heirs by there survivancy transmit the same to their nearest of kine , and so he and the Pursuer are equally nearest of Kin. The Pursuer answered , that the Heirs of the first Marriage having failled , the Clause stands now as if it had been conceived thus ; that the Father had oblidged himself , and his Heirs , which comprehends all Heirs● to pay to the Bai●ns of the second Marriage ; which must be understood of Bairns , beside the Heir ; because the Heir is constitute Debitor ; and so cannot be thought to be Creditor in the same Clause . The Lords found the conception of the Clause , that the Brother , by falling now Heir , was excluded ; seing it was clear , by the meaning of the Defunct , that his Heir should have his Lands , and his Bairns of his second Marriage , should have , though but one , 4000 merks : but here the Heir , of the first Marriage was never served Heir , They also found , that the Portions of the Children being to an uncertain day , and not conceived to their Heirs , or Assigneys , that they dying before that day , had no right to the Stock , but only the Annualrent , medio tempore , so that the Stock accresced to the surviving Children ; as if the Defuncts had never existed , and that their Assigneys , or Creditors could not have affected the same : and so found the Brother had no right , as nearest of Kin to the two deceasing Children , not attaining the Age mentioned in the Contract . William Stewart contra Stewarts . Ianuary 18. 1665. WIlliam Stewart pursues a Poynding of the Ground , of the Lands of Errol , upon an Infeftment of Annualrent , granted to his Grand-Father by the Earl of Errol , by his Bond , and Infeftment following thereupon : in which Bond , there were Cautioners , the Annualrent was for a Sum of 7000 merk . and a Sum of 8000 merk . Compearance is made for the Pursuers Brothers and Sisters , who alleadged , that as to the Sum of 7000 merks , it became moveable ; and belongs to them , as nearest of Kine : In so far as their Father made Requisition for the same : It was answered , the Instrument of Requisition is null ; and being disconform to the Clause of Requisition : in respect , that the Original Bond was to the Husband and Wife , the longest liver of them two , in Conjunctfee , and their Heirs , &c. And the Requisition bears expresly , That if the Husband , or his Heirs required , with consent of the Wife , then the Debitor shall pay , ita est the Instrumenet bears no consent . It was answered , that albeit some Points of the Requisition were omitted ; yet seing the mind of the Defunct appears to take himself to his Personal Right , and consequenly to prefer his Executor to his Heir , it is sufficient . The Pursuer answered , non relevat , because every Intimation of the Defuncts Intention is not enough ; but it must be haili modo , and the ground whereupon the Sums become moveable , is , because the Requisition looses , and takes away the Infeftment ; and therefore if the Requisition be null , the Infeftment is valid : and he Bairns can never have access . The Lords found the Requisition null , and preferred the Heir . Stewart contra Stewart . Ianuary 19. 1665. IN the foresaid Cause , it was further alleadged , for the 8000 merk , that it was also moveable ; because , as to it , there was no Liferenter , and the Fear himself did require . It was answered , for the Children , that the Requisition is null , because it mentions not the production of a Procuratory , nor the production of the Right it self . 2ly . The Requisition is made to Bogie as Cautioner for the Earl of Kinnoul , whereas he was Cautioner for the Earl of Errol , granter of the first Bond. It was replyed , oppones the Requisition , bearing , That the Procurators power was sufficiently known to the Notar . 2ly non Relevat , unless the Person required , had called for the Procuratory or Right , and had been refused . 3ly . The Procuratory is now produced , with the Right , and the Defunct acknowledged the Procuratory ; and Right , because he raised horning thereupon . The Lords sustained the Requisition , and found the Sum moveable , and preferred the Bairns thereto . Shaw contra Lewens . Eodem die . WIlliam Shaw , being a Factor at London , and dieing there ; and having Means both in England and Scotland : There falls a Competition betwixt his Executors nuncupative in England , and his nearest of Kine , Executors in Scotland . Anna Lewens Executrix confirmed in England ; produces a Sentence of the Court of Probat of wills in England , bearing , That upon the Examination of Witnesses , that Court found , that William Shaw did nominat Anna Lewens his Executrix , and universal Legatrix . And that being asked by her , what he would leave to his friends in Scotland . He declared he would leave her all , and them nothing , because they had dealt unnaturally with him . It was alleadged , for the Defuncts Cusigns , Executors Confirmed in Scotland , that they ought to be preferred , because as to the Defuncts Means , and Moveables in Scotland , the same must be regulat according to the Law in Scotland , where a nuncupative Testament hath no use at all : and albeit , a Legacy may be left by word , yet it cannot exceed a 100 lib. Scots . It was answered , that as to the Succession , the Law of Scotland must regulat : so that what is Heretable , cannot be left by Testament , though made out of Scotland . As was found in the Case of the Successors of Col Henderson dying in Holland , and in the Case of contra Meldrum ; yet as to the Solemnity of Acts to the Law , and Custom of the Place , where such Acts are done , takes place , as where an Act is done in Scotland : albeit it be only probable by Writ , or Oath of Parties : yet being done in England , it is probable by Witnesses though it were of the greatest moment , and though the Law of Scotland , in Writs of Importance , requires the Subscription of the Partie before Witnesses , or of two Nottars , and four Witnesses : yet Writs made in France and Holland , by the Instrument of one Nottar , are valid ; so here there being no difference from the Law of Scotland : which always preferres Executors nominat , before nearest of Kin ; and the difference only as to the Solemnities , and manner of Probation , that there it may be proven by Witnesses , there was a Nomination , and here only by Writ . The Lords having considered the Reasons , and former Decisions , preferred the Executors , confirmed in Scotland , for they found , that the Question was not here of the manner of Probation , of a Nomination , In which case , they would have followed the Law of the Place , but it was upon the Constitution of the essentialls of a Right , viz. A nomination , which , albeit it were certainly known to have been by word ; yea , if it were offered to be proven by the nearest of Kin , that they were Witnesses thereto , yet the Solemnitie of writ not being interposed , the Nomination is in it self defective , and null in substantialibus . Lord Lour contra Ianuary 20. 1665. IN a Process , for making arrested Sums furth-coming , two Arresters , viz. my Lord Lour , and another Competing . It was alleadged , for Lour , that the first Arrestment , is null , because the Partie was out off the Countrey , when it was only made at his dwelling house , which is not Legal ; seing all Summonds , Intimations , Premonitions , Requisitions , and all Denunciations against Parties out of the Countrey , must be by Letters of Supplement from the Lords , Execute at the Mercat Cross of Edinburgh , and Peir , and Shore of Leith : So must Arrestments , against these who are out of the Countrey be there . Which the Lords found relevant , and preferred the second Arrestment Personal . Litle contra Earl of Nithsdail . Eodem die . LItle pursues an Improbation , and Reduction against the Earl of Nithsdaile , of the Rights of some Lands ; Wherein● the Lords sustained the Pursuers Interest , on a Compryzing , and Charge , without Infeftment , and though the Appryzing was on Litles own Band , simulat and assigned to himself ; and found such Deeds might make him lyable , as behaving as Heir , if he Intrometted , and were sufficient Titles any other way . The Lords also found , that Certification ought to be granted against Retours , and Charters , though in publick Registers , but not against Writs Registrate in the Books of Session , the date being condescended on , by the Defender , were sustained against all Writs , granted to the Defender , and his Authors , but such as Seem to represent them are called , nor against Writs , granted by the Pursuer , his Predecessors , or Authors , but only his Predecessors , to whom he doth Succeed , jure sanguinis , and such Authors , as he produces Right from , but they would not admit Certification against Appryzing , if the Infeftment thereupon were produced . Sir John Baird contra The Magistrats of Elgine . Ianuary 25. 1665. SIr Iohn Baird pursues the Magistrats of Elgine , for the Debt of a Rebel , whom they suffered to escape forth of their Prison . It was alleadged , for the Magistrats absolvitor ; because they could be oblidged no further , but for their ordinar diligence of Custodie , but not contra vim majorem , and offered to prove , that about six a clock at night , in the winter time , the Rebels Lady going in to Sup with him , the keeper opening the Prison Door to let her in , six or seven Armed men pressed in with her , and that there was sixty more at the Gate . The Pursuer answered , non relevat , because it was the Keepers fault to let in any body at that time of night . The Lords found the Defense relevant , to be proven by Witnesses , above exception , which were condescended on . Parson of Dysart contra Watson . Eodem die . ANderson Parson of Dysart having a designation of four Aikers of Iohn Watsons Land , which was Bishops Land ; charges him to remove● Watson Suspends on this Reason , that there are Parsons Lands in the Paroch , more ewest to the Kirk , and lying about the Parsons Mans , and therefore , according to the Order of the Act of Parliament : anent Designation of Glebs , the Parsons Lands must be designed in the first place , before the Defenders Lands , which are Bishops Lands . It is answered , for the Charger , that the Parsons Lands were Feued out before the said Act of Parliament , and are all build with houses incorporat within the Town of Dysart . It was answered , that the said Act of Parliament bears , That the Parsons Lands shall be first Designed , although they be Feued out before . Which the Lords found relevant , and Ordained the Parsons Land to be cognosced , what quantitie was wanting thereof to be made out of the Bishops Land. William Menzies contra Laird of Drum. Eodem die . WIlliam Menzies , as Executor to Alexander Menzies , and umquhil Margart Gordon the other Executor ; having obtained Decreet against the Laird of Drum , for 8000 merk : The said Margaret being dead , William charges for the whole , Margaret having died at the Horn Compearance is made for the Donatar . It was alleadged for Drum , that he could not be conveened at the instance of this Pursuer , without concourse of the other Executor , or some to represent her had been called . For they might have alleadged , that this Charger is satisfied of the half of his Executry . The Lords found , that seing the Testament was execute by a Sentence ; the other Executor needed not be called . 2ly . Drum alleadged , that he could not be lyable to this Executor , but for the half . It was alleadged for the Donatar , that he craved preference for the other half . It was answered , that the Donatar could have no interest , because the Sum was Heretable ; It was answered , that albeit it was Heretable , yet it became moveable , by the Executors taking a Decreet therefore , in the same Case , as if Requisition had been used . In this the Lords did not decide , some being of opinion , that it was Moveable , others contrair , because an Executor being but a Successor , as a Decreet of Registration , or Transferrence , would not change the Nature of the first Bond , so neither would this Decreet . The Heretors of the Fishing of Don contra The Town of Aberdeen and their Feuers . Ianuary 26. 1665. THe Heretors having Salmond Fishing in the Water of Don , above Aberdeen , pursue a Declarator of their Right of Salmond Fishing ; and that they ought to be Free of the prejudice sustained by the Cruives built at Aberdeen , and insist upon these Particulars . That the Town of Aberdeen hath no Right to Cruives , but is only Infeft cum piscationibus & piscarijs , and within such a bounds , which cannot carry Salmond Fishing , being inter regalia , much less Cruives . It was answered , that such a Clause granted to an Incorporation , or Community , or being in Baronia , with Immemorial Possession is sufficient ; and that there is a later Right granted to the Town , with power of Cruives , within the said Bounds , uti possidebantur . It was answered , that the Pursuers had their Cruives established before that time . The Lords found the Town of Aberdeens Title to Cruives , albeit conceived , but conform to the first Clause , with long Possession was sufficient . 2ly . The Pursuers insisted against the Transporting of the Cruives from one place to another , which they could not do ; Cruives being a Servitude , strictissimi juris : as a way being once chosen , and fixed , cannot be changed : especially , in respect of the Clauses uti possidebantur . It was answered ; that there being a Bounds expressed , and mentioning Cruives to have been there before , the meaning can be no other , then that these Cruives should be removed , if Inundations alter the present stans , and uti possidebantur is only understood of the way of building , as before . The Lords found , by the said Clause that the Cruives might be Trasplanted within the Bounds having but one Cruive Dyck , and the former Dyck demolished , so that the Fishings above be in no worse condition then formerly . 3ly . They insisted for the wydnesse of the Heeks , whereanent it was alleadged , that by an Act of Parliament King Iames the fourth , Hecks were appointed to be five Inches wyde ; which is confirmed , by an Act 1661. It was answered , that the Act King Iames the 4th . did relate to a former Act of King Davids , which was not to be found , but there were two Acts by King Iames the 3. Relating to the old Act by King Alexander , which was found to bear three Inch. So that the Act K. Iames the 4th . though posterior , being but Relative , and the Act Related not known . The Lords found , it was a mistake , in the writing of the Act ; and that in the stead of King David , it should have expressed King Alexander ; and so born only three Inches , seing otherwayes five Inch would let the greatest part of Salmond passe . 4ly . They Insisted for the Saturndays Slop ; and craved , that on Saturnday the whole Cruives might stand open : So that no Fish might be taken thereby ; according to the old Statute of King Alexander ; from the Even Sun on Saturnday , till the Sun rising on Munday . The Lords found , that the Saturndays slop ought to be of the whole Cruives , and that from Saturnday at six a clock , till Munday at Sunrising . 5ly . They Insisted for the Hight of the Cruives , and alleadged , that the same ought to be no higher then the water , in its ordinar Course , neither the time of the Flood , nor of Drought ; otherwayes they might build the same as high as they pleased , and that it ought not to be builded perpendicular , which will hinder the Salmonds up-coming , but slopping from the Ground to the top . The Lords considering , that there was no particular Law , as to the hight of Cruives , and that ●hir Parties had suffered the other to enjoy the Cruives above 40. Years , that therefore the same should be uti possidebantur , no higher then the old Cruives were . 6ly . They Insisted for the Liberty of the Midlestream , beside and attour Saturndays Slop , which is specially contained in the Acts of Parliament of King Alexander , and King Iames the third and fourth , and is renewed in the late Act of Parliament of King Charles the second . The least quantity of which bears , That five foot of the middle Stream must be constantly free . It was answered 1. That the old Acts anent the midle Stream were wholly in desuetude , and were in effect derogate , by the Act of King Iames the sixt , anent Cruives ; which ordains the Saturndays Slop to be keeped , but mentions not the midle Stream . And as for the late Act of Parliament ; it was Impetrat by these same Parties , and never past in Articles , or noticed by the Parliament , but as an ordinar Confirmation . It was answered , that there was no prescription of publick Rights , against standing Laws , and albeit the desuetude of such Laws could be effectual , yet the late Law Revives and Confirms them all , per expressum , which is not a particular Confirmation ; bearing mention of any particular Partie , or particular Right ; but as a general Confirmation of general Laws , anent all the Cruives in Scotland . The Lords considering that the midle Stream has been long in desuetude , and that this late Ratification was past without notice ; therefore , before answer ; They Ordained the Parties to adduce Witnesses , whether the midestream was accustomed in any Cruives in Scotland , and whether the same would be beneficial , or hurtful to the Salmond Fishing of the Kingdom , in general , and whether it were destructive to the Cruives in Common : and likewise , they gave Commission to examine the Witnesses hinc inde , whether their new Cruives were builded upon challes , or they otherways builded then the former Cruives , to the prejudice of the Fishing above in the water . George Hutcheson contra Dickson of Lonhead . Eodem die . GEorge Hutcheson pursues Dickson , for a Sum of money● and for the Annualrent since the denunciation of the Horning . Whereupon the Defender answered , that the Horning was only at the Mercat Cross of Edinburgh , where the Defender dwelled not , and so was null , and could not give Annualrent . It was answered , that albeit such Hornings be not sufficient for an Escheat , yet they are sufficient for Caption ; and so are not null : and therefore Annualrents having so much ground , in equity , and by the civil Law , being due ex mora ; such denunciations should be sufficient for Annualrent . The Lords found such Hornings null , and would not allow Annualrent . Logan contra Galbraith . Eodem die . LOgan charges Galbraith to remove from a House ; who Suspends , and alleadges , that she is Served , and Kenned to a Terce of the House , which Terce she brukes pro indiviso , with the two thirds . The Charger answered , the Reason ought to be repelled , because , albeit the Defense pro indiviso be relevant against such , who can obtain division : It being their own fault , that they do not first divide , or they pursue Removing ; but where it is a House being unum tenementum indivisibile , the Heir , or Successor of the Husband , who has two thirds , and continues in his Possession as well as the Relict in her third , ought to be preferred in the Possession , quia majus trahit minus . The Lords found the answers relevant , to elide the Reason , and decerned the Relict to remove with this quality , that if the Feear did not dwell in the House himself , the Relict should be preferred , giving as much Mail as any other Tennant , and giving Caution for the two part . Lairds of Berfoord and Binstoun , contra Lord Kingstoun . Ianuary 21. 1665. BErfoord and Binstoun pursues the Lord Kingstoun , for Spuilzie of certain Corns ; he alleadged absolvitor , because he Legally drew the same , as their Teynd , by vertue of his Tack from the present Minister , and Inhibition thereon . It was answered , First , That was not sufficient summarly to draw the Defenders Teynds , unless there had been a Sentence on the Inhition , which is but as a warning , and so must not infer Removing , brevi manu ad vitandum tumultum , 2ly . If he had Legally pursued them for a Spuilzie , they would have alleadged , and now alleadge , that they have Tacks standing from the Minister for the time , who , though deposed , yet lives ; and all incumbents Tacks serve during their natural life , and no Tack from the next incumbent Prejudges during the life of the former , conform to an expresse Act of Parliament . The Defender duplyed , that albeit an Act of Parliament required removing not to be summarly , in Lands it did not so in Teynds . 2ly . The Pursuers Tacks are null , without consent of the Patron . The Pursuer triplyed , that they are standing cled with seven years possession , and their Tacks are subscribed by the Patron Quadruplyed , he was not then Patron , but was standing Fore-faulted unrestored . Quadruplyed , it is sufficient coloratus Titulus cum possessione , till the Reduction ; And the Lord Bothwells Son Patron , was after restored whereby it revived . The Lords repelled the Defense , in respect of the Pursuers Tacks , and found the Defender might not brevi manu intromet , there being any pretence of Title , but they desired the Pursuer to restrict , to wrongous intromission and without Oath in litem Sir John Scot and Walter Scot contra Sir John Fletcher . Eodem die . WAlter Scot , as being Assigney , by Sir Iohn Scot of Scotstarvet , to an Atlas Major , of the late Edition ; pursues Sir Iohn Fletcher for delivering thereof , as belonging to the Pursuer , and now in his hand . The Defender answered , non Relevat , unlesse it were condescended qu● Titulo ; for if it came in the Defenders hands , by emption or Gift , it is his own : and in mobilibus possessio presumit Titulum , seing in these Writ , nor Witnesses uses not to be interposed , and none can seek recovery of such , unless he condescend quo modo desijt possedere , else all commerce would be destroyed , and who ever could prove that once any thing was his , might recover it per mille manus , unless they instruct their title to it . 2. Though it should be condescended , that they were lent , yet it must be proven only scripto vel juramento , being a matter above an hundred pound . The Pursuer answered , that in liquid Sums , or Promises , Witnesses are not receivable above that Sum , but in corporibus , or facts , as in bargains of Victual , made and delivered , Witnesses are sufficient , though for greater Value . The Lords found the Pursuer behoved to condescended upon the way the books was delivered , and found it probable by Witnesses . Mr. William Kintor Advocat contra John Boyd Baillie in Edinburgh , Eodem die . MR. William Kintor and Iohn Boyd having both adjudged the Lands of Mountlouthian pursue mutual Reductions of each others Rights ; Mr. Williams Right was upon a Decreet , cognitionis causa , against the Appearand Heir renuncing : against which Iohn Boyd , alleadged , that the Adjudication was null , proceeding upon a null Decreet , cognitionis causa . First , In so far as it was lybelled at the instance of Kintor , as Assigney by his Brother , who was Heir to his Father , and Execut-Executor , and neither Retour nor Testament produced , and so was null , for want of probation . The Pursuer answered , that he had now produced , in supplement of the Decreet , the Writs . The Lords sustained the Decreet only as ab hoc tempore . 2ly . Boyd alleadged , that the Decreet , cognitionis causa proceeded on six hundered merks , which was Heretable by Infeftment , and contained Clause of Requisition , and no Requisition produced . The Lords found the Decreet null pro tanto , and to stand for the rest , being upon diverse Articles . 3ly . Boyd alleadged , that the said Decreet ought to be Reduced , in so far as it proceeded against the Cautioner of a Tutor , for payment of the Annualrent of his Pupils money , during the Tutorie ; and for the Annualrent of that Annualrent a tut●la finita , because the Tutor had uplifted , at least ought to have uplifted , and imployed the same for the Pupills behove , ex officio . It was answered , that albeit Tutors are oblidged for their Pupils Rent , which are in Tennents hands ; yet not for the Annualrent of their Money , being in secure hands then , and now if the Tutor had lifted it , it would have been lost he being broken ; and the Cautioner also : and the Debitors being great men , as the Marquess of Hamiltoun and Lord Burghlie , they would easily have Suspended , and lost the Pursuers pains . The Lords found , that Tutors were oblidged to uplift their Pupils Annualrents , though the Creditors were secure , and to imploy them for Annualrents , but not for each year they were due , but ante finitam tutelam , because , though he had them , he was not oblidged every year to imploy them severally , and so sustained the Decreet . 4ly . Boyd alleadged , that the years of the Tutorie ought to have been proven , which was not , and so the Decreet is null . The Lords sustained the Decreet , seing it was lybelled in communi forma , unless it were alleadged , that some of these years were post sinitam tutelam , here a Testificat of the Pupils age was produced . Lord Borthwick contra . Mr. Mark Ker. Ianuary last . 1665. THe Lord Borthwick pursues a Reduction , ex capite inhibitionis of all Rights made by Sir Mark Ker , to Andrew or Mr. Marks Ker of Moristoun , of certain Lands . The Defenders alleadged no Process , because none to represent Sir Mark Ker were called , who being bound in warrandice to the Defenders , ought to be called ; whereas , of old Processes sisted till warrands were first discussed ; so now the warrand ought at least to be called . The Pursuer answered , that he was not craving Reduction of Sir Marks own Right , but of Moristouns Right , granted by Sir Mark , who was common Author to both . And as to the warrandice , the Defender might intimat the plea , if he pleased . The Lords found no Process till the warrand were called . Alison Kello● contra Pringle . Eodem die . ALison Kello pursues a Reduction against the Lairds of Wadderburn● and Pringle ; and craves Certification . It was alleadged for Pringle , no Certification ; because he was minor , & non tenetur placitare de Haereditate Paterna . The Pursuer answered , primo non relevat , against the Production , but the Minor must produce ; and may alleadge , that in the Debate against the Reason . 2ly . Non constat , that it is Hareditas Paterna , and therefore he must produce , at least his Fathers Infeftment . 3ly , All he alleadges , is , that his Father had an Heretable Disposition , without Infeftment ; which cannot make Haereditatem Paternam , else an Heretable Bond were not Reduceable , against a Minor , or an Appryzing , and Tack . 4ly . Albeit the alleadgeance were proponed , in the discussing of the Reason ; yet the Reason being super dolo & metu , upon which the Defenders Original Right was granted , and not upon the poynt of Preference of Right ; the brocard holds not in that Case , as it would not hold in Improbation , in casu falsi . The Lords found , that the Defender ought to produce his Fathers Infeftment ; and that a naked Disposition would not be sufficient : which being produced , they would sustain the Defense , quoad reliqua , against the Production ; but that they would examine Witnesses , upon any point of fact , in the Reason to remain in retentis , that the Witnesses might not die in the mean time , without discussing the Reason , but prejudice of their Defenses . Anderson and Proven contra Town of Edinburgh . Eodem die . ANderson being Creditor to Proven , arrests in the hands of Gairdner all Sums due by him to Proven , and thereupon pursues before the Commissaries of Edinburgh : Gairdner gives his Oath , that he is Debitor to Proven no way , but for the Tack Dutie of the Customs of Edinburgh ; whereunto he was Sub-tacks-man to Proven , conform to his Bond produced ; whereupon , the Commissaries decerned , Gairdner Suspends on double poynding . It was alleadged for the Town of Edinburgh , that the Sum in question , being a Sub-tack dutie , they had the common priviledge of all Masters against their Tennents , and Sub-tennents , that they might pursue either of them , as they pleased , without an Arrestment , or any Diligence , and were alwayes preferable , for their Tack-dutie to any other Creditor of the principal Tacksman . It was answered , that Custom was not in the case of Rents of Lands ; wherein their is tacita hipotheca , and that the principal Tacks-man was only their direct Debitor ; and the Sub-tacksman paying to the Principal Tacksman ; or which is equivalent , to his Creditor , is for ever free : and the Town of Edinburgh , hath secured themselves , by taking Caution of the Sub-tacksman . The Lords found the Town of Edinburgh preferable , for their Tack-dutie , and that they had immediat Action against the Sub-tacksman , unless he had made payment , bona fide before , that they might exclude any other Creditor of the Principal Tacks-man , for their Tack-dutie . George Baptie contra Christian Barclay . Eodem die . CHristian Barclay having pursued George Baptie , before the Commissares , of Edinburgh , for Solemnizing Marriage with her ; because he had gotten her with Child , under promise of Marriage ; as was instructed by his Bond produced , obtained Decreet against him ; he Suspends , and raises Reduction , on this Reason , that his Bond was vitiat , in substantialibus , by ocular inspection . 2. That it was Conditional , so soon as he was in readinesse . 3ly . That the Charger threatned she would drown her self , for preventing whereof , he had granted this Bond. 4ly . That after the granting thereof , she had carried her self unchastly , and born another Bairn ; albeit it cannot be alleadged , that ever he co-habited , or conversed with her at all after this Bond : which as it would dissolve the Marriage , though it were Solemnized , multo magis should it hinder the Solemnization . The Charger answered , to the first , oppons the Bond , wherein albeit there be three or four words delet in that place , thereof oblidging him to Solemnize ; yet the acknowledgment of the Childs being gotten under promise of Marriage is clear , and sufficient by it self . To the 2. There is nothing alleadged , that the Suspender is not in readiness . To the 3. non relevat , there being neither vis nor metus . To the 4th . non relevat , because there being a second Child born after this Bond , which constituts the essentials of a Marriage , the Child is presumed to be the Suspenders , nam Pater est quem matrimonia monstrant , and it cannot be alleadged , or proven , that the Child belongs to any other , or that the Charger used any evil carriage with any other . The Lords having considered the Case , found that the presumption was not sufficient , unless it had been a formal Marriage , and therefore Ordained the Charger to instruct , the second Child was the Suspenders ; and if there had been any familiarity betwixt them since the Bond. Kirktouns contra Laird of Hunthill . Ianuary ult . 1665. TWo Sisters called Kirktouns , having obtained Decreet against the Laird of Hunthill , for their Mothers Executrie , who left Hunthill her Brother , and two other , Tutors to her Children , in so far , as concerned the means , left them by their Mother ; Hunthill Suspends , and raises Reduction , on this Reason . First , That the only ground of the Decreet being a Confirmed Testament , bearing , That Hunthill compeared , and made Faith , and accepted the Office of Tutory ; this cannot be sufficient of it self , to instruct he was Tutor : Seing Acts of inferiour Courts prove not in any thing , but in points of form of Process , which are ordinary , ●but in alijs , prove not without a Warrand , and therefore , unless the Warrand of this acceptance were produced , it cannot prove more then an Act of Tutorie , or Curatrie , or Cautionrie , will prove without its warrand ; and therefore now they crave Certification against the same . 2ly . Neither their Subscription to the Act nor the Principal Testament it self , can be found , though the Registers of that Commissariot , be searched , and others , about that time found neither can it be astructed with the least Act of medling any way . 3ly . A mother cannot name Tutors , but the Father only , it being Patriae potestatis . It was answered , that albeit in Recenti the warrands of such Acts , ought to be produced , or they are not effectual with out the same : yet it being thertie seven years since this Confirmation , after so may troubles , the Chargers are not oblidged to produce the Warrands , being such inconsiderable Litle Papers as they are , but they must be presumed , that they were so done , as is expressed in the publick Record ; seing this Process has lasted these twvelve years , and before , nor since ; till within a year , no mention thereof . It was answered , that there was no prescription run , during which , if at first , the Chargers were oblidged to produce , they are still so unless they could fortifie , and astruct the truth aliunde , and their silence saith nothing , because it was the Chargers fault , that pursued not till within these twelve years , whereas , if they had pursued timeously the Suspender would then have pursued a Reduction . It was answered , they were Minors , in the Suspenders own house the former time , who would not have keeped and intertained them at all , if he had not known of the Tutory , and that they had means . The Lords found that this naked Testament was not sufficient to astruct the acceptance , without further adminicles . Elphinstoun of Selmes contra The Lord Rollo , and the Laird of Niddrie . 1 February 1665. THe Lord Rollo being addebted in a Sum , to umquhil Mr. David Anderson of Hill , Margaret Anderson his Daughter , gave a Procuratorie to intromet with all Papers , and to uplift all Sums belonging to her in Scotland , to Iohn Anderson , whereupon Iohn Anderson discharges the Lord Rollo , and takes a new Bond from him , and assignesit to Niddrie . Thereafter Selmes getting Assignation from the said Margaret , Rollo Suspends on double Poynding ; Selmes alleadged , that he , as Assigney , had Right to the Sum. It was answered , that Rollo was discharged by the Procurator , before the Assignation . It was answered , primo , that the Procuratory was null , because it wanted the Designation of the Writer , and Witnesses . 2ly . It was offered to be improven as false and fenzied . It was answered to the first , that the Procuratory was made in Ireland , secundum consuetudinem loci , where designation of Witnesses is not required , but a writ , being Sealed , Subscribed and delivered before Witnesses , albeit they be not designed , the writ is effectual . To the second , the Lord Rollo , having made payment bona fide to a Procurator , albeit the Porcuratory should be improven ; the Debitor not being accessory , but paying bona fide , could not repeit , otherwayes all commerce would be marred , and no body will be secure to pay to any Assigney , or Procurator , but as payment made , bona fide to them that have no Right , is relevant , only because it is done bona fide , and necessarly ; so must it be good , though they have forged the Procuratory . It was answered , that payment was not yet made , but only a new Bond granted , and that it could not be bona fide ; seing the Procuratory , wanting the ordinar Solemnity of Witnesses designed , might have given just ground of doubt , and the Debitor was not to have payed without Sentence . The Lords repelled the first alleadgeance , and sustained the Writ , according to the custom of Ireland ; being Nottour to themselves . As to the other point : the Lords did not decide in it till it appeared , whether Niddrie would prev●●● upon the new Bond , and make it equivalent to payment : but they thought that payment made bona fide would be sufficient , albeit the Writ were improven , where there was no ground to doubt . Sir John Fletcher Supplicant . February 3. 1665. SIr Iohn Fletcher having bought the Lands of Crainstoun , and finding that there was an Appryzing to be deduced thereof for his Authors Debt , which might cost him trouble ; he craved Assessors to be appointed by the Lords , who considering the matter amongst themselves . It carried by the plurality of one or two , to name two Advocats Assessors , but many were on the contrary , conceiving the example of it , would be of great inconveniency , seing Appryzings were not with continuation of dayes , and if Parties compeared , and alleadged they were Infeft , yet there may be Inhibition , anterior Reversion , or Trust , or nullities in their Right : and if these were denyed , they behoved to be instructed , and so Terms of Probation run , while in the mean time the anterior Diligence of others , Appryzings in the countrey , before the Sheriff would prevent them , and it would hinder any Appryzings ever to be deduced at Edinburgh , and it were hand to put Creditors , who knew not there Debitors Charter Chist , to disput their Rights as in an executive Process . But the Lords inclined , that Sir Johns Infeftment should be rather produced , and reserved out of the Appryzing , then the Appryzing stopped . Falconer contra Earl of Kinghorn . Eodem die . FAlconer pursues the Earl of Kinghorn , for payment of a Bond , wherein his Father was Cautioner . It was alleadged the Bond was null , as to Kinghorn ; because it mentioned in the first place , three Witnesses to another Parties Subscription , per expressum , mentioning two , without their designation , or expressing whether they were Witnesses to either , or both the two Cautioners : and therefore the Bond was null , by the Act of Parliament . It was answered , that according to the ordinar custome , they offered to design . It was Replyed , that the designation behoved to be of living Witnesses ; for seing in it self , the Bond is null , by the Act of Parliament , and that the Lords , by custom , have supplyed such Bonds , per equivalentiam . The intent of the Act of Parliament being only , that by the Designation , the Witnesses might be known : and thereby a means of improbation afforded , if the Writ were quarrelled ; but after the Witnesses are dead , the Degsination of them cannot attain that effect . The Lords Ordained the Pursuer to Design living Witnesses , or otherways , to condescend upon other Adminicles , to astruct the verity of the Subscription of the Bond. Beg contra Beg. February 4. 1665. THomas Beg in Edinburgh , having a Son of his first Marriage , and providing his Children of two subsequent Marriages to his Means . The Son of the first Marriage pursues his Father , for his Mothers third , and craves Annualrent therefore , he being Minor , and his Father his Tutor of Law , and therefore lyable , as other Tutors for Annualrent . Which the Lords found relevant . Paterson contra Pringle Eodem die . ISobel Paterson having lent to Pringles Wife a 100. lib. scots , and having received a Bond of Pringles in Pand thereof , he thereafter seeking a sight of the Bond , took it away without warrant , whereupon she obtained Decreet against him , before the Commissaries , which He and his Wife Suspended , on this Reason , that he never borrowed any Sum from the Charger , and if his Wife did borrow the same , he knew nothing thereof , or that it was applyed to his use , and that she Impignorat his Bond without his knowledge , or warrant . The Lords found , that her having of the Bond , in her hand did infer a warrant to borrow the Money , and oblidge her Husband being a matter of small importance . Peter Pallat contra Thomas Fairholm . ● February 7. 1665. THomas Fairholm Merchant in Edinburgh , having written a Letter to Peter Pallat Factor at Burdeoux , to Loaden him 30 Tun of Wine . The tenor of the Letter , is , that in respect Fairholm was not acquainted with Pallat , he had written upon the Credit of his Brother Ninian Williamson Factor at London , who was Pallats ordinar correspondent , to Load these Wines in that Ship , which carried the Letter , upon Fairholms accompt ; and bore , That Williamson had Provisions to satisfie the same , and that he would either remit to Pallat , or draw upon him , as he found convenient . This Letter being sent under a cover of Williamsons to Pallat , the Wines were sent into Scotland , and Williamson broke about a year thereafter whereupon Pallat pursues for his Money from Fairholm , who alleadged absolvitor , because he having demanded the VVines , not upon his own Credit , but Williamsons , and Williamson having sent under his own cover , as Palla●s Letter bears , the said Order , in which there being mention , that Williamson , had Provisions in his hand : his sending the Letter of that Tenor , under his own cover , is an acknowledgment , that he had those Provisions , and thereby he constitute himself Debitor to Pallat , and freed Fairholm : likeas , Pallat acquiesced therein , and drew Bills upon Williamson● which were accepted , but not payed ; and was silent , never demanding Money from Fairholm , till Williamson was broken , so that first , Fairholm is free , by the tenor of the Letter , and next , though , thereby he had been bound , yet the damnage sustained by Pallats silence , till Williamson was broken , whereby Fairholm was hindred to draw his Provisions out of Williamsons hand , and thereby lost the same through Pallats fault , ought to compence Pallat , and exclude him . Pallat answered to the first , that he opponed the Letters ; which bore expresly the Wines to be sent for Fairholms accompt ; so that albeit it mention Williamsons Credit , and that he had Provisions , it makes him but expromissor , and liberats not Fairholm : as to the second , anent the damnage , Pallat being secured , both by Fairhlom , and Williamson , might at his option , take himself to either , or to both ; and cannot be accompted to have done any fault , in forbearance of either , though an unexpected accident , of Williamsons breaking interveened ; so much the more , as Fairholms Letter does not order to draw upon Williamson ; but bears , That Fairholme would either draw , or remit , at Williamsons conveniency : So that Pallat has not failed , in the strick observance of the Order . And if need be , Pallat offers him to prove , by the custom of Merchants , in the most eminent places abroad , that such Letters did never liberat the Writer . And Fairholm offered to prove , that such Letters did liberat the Writer , unless the receiver had protested , and intimat to the Writer , that he would not acquiesce therein simply , but also in the Credit of the Writer . The Lords found , that the Letter did not liberat Fairholm , notwithstanding of his forbearance to demand , and therefore repelled the Defenses , and decerned , but liberat Fairholm from the exchange , and re-exchange : in regard of Pallats silence , neither would the Lords delay the matter , upon the opinion of Merchants . David Graham contra George Bruce and Doctor Mairten . Eodem die . DAvid Graham , upon the sight of a Bond unregistrat , of George Bruces , obtained Arrestment ; and therewith Arrested a Sum , in Doctor Martines hand , which was loosed , and after the loosing , Assignation being made by George Bruce , to his Sister . In which case , the Lords found , That the Arrestment being upon the Bond , before Registration might be loosed , and notwithstanding of the loosing , seing it was not now payed by the Debitor ; they ordained it to be made forthcomand to the Arrester , and preferred him to the Assigney , albeit it was alleadged , that the tenor of the Arrestment was but till Caution was found , which being found : albeit the Debitor could not oppose to make it forthcoming ; yet an Assigney , after loosing the Arrestment may let . The Lords considered , that the Caution found , in loosing Arrestments , is overlie , and insufficient , and so would not insecure Creditors , doing diligence by Arrestment . Lyon of Muirask contra Heretors of the Shire . Eodem die . LYon of Muirask , having been Commissioner in the Parliament 1648. did , by vertue of the Act of Parliament , 1661. Allowing Commissioners Charges , to these who served in Parliament 1648. Who adhered to the Engadgment ; charges the ●●eretors of the Shyre to meet , and Stent ; and their being a Stent made , conform to the Valuation : he Charges thereupon● some of the Heretors Suspends , and alleadge , that they were not charged to meet , and so the Stent Roll is null . 2ly . That is not instructed , that the Charger attended all the dayes in the Parliament . 3ly . That the Roll ought to be made according to the Retour , and not to the Valuation , conform to the Custom before the troubles . The Lords found , that , seing the Heretors , who met , expressed in the Stent Roll , that all the Heretors were charged , that it was sufficient , though the Executions against each on of them was not now produced , and because the Sed●runts of the Parliament 1648. were not to be found , They found he had right to the whole Charges during the Parliament , unless for such time , as they shall prove by his oath , that he was absent , but found , that the Stent Roll ought to be according to the Retour , and not to the Valuation : Lady Greenhead conra Lord Loure . February 10. 1665. THe Lady Craig , and the Laird of Greenhead her second Husband pursues the Tenents of Craig wherein she is Infeft , for Mails and Duties . In which Process , my Lord Loure co●●pears for his Interest , and alleadges , that he having Appryzed the Estate of Craig , and being Infeft , thereupon hath raised Reduction of the Ladies Infeftment , on this Reason , that a Part of his Sumes being anterior to the Ladies Infeftment , who was competently provided , by her Contract of Marriage , in 30. Chalder of Victuall , and this additional Infeftment of fifty Chalder of Victual , being betwixt most Conjunct Persons ; Husband and Wife : in so far as it is posterior to the Pursuers lawful Debt ; ought to be Reduced upon the Act of Parliament , 1621. The Pursuer answered , the Reason ought to be repelled . First , Because the Act of Parliament being only against gratuitous Dispositions made by Bankerupts , in prejudice of their lawful Creditors , is not relevant : seing Craig the Disponer was not a Bankerupt ; 2ly . As he was not a Bankerupt , so neither was he● insolvendo ; because the Reversion of his Estate is sufficient to pay his Debt , albeit the Same were affected with this additional Joynture . It was answered , for the Defender , that albeit the Title , and Narrative of the Act , be against Bankerupts , yet the Statutory part thereof , is against all gratuitous Dispositions , by Conjunct Persons : so that the Defender needs not alleadge , that either the Disponer was Bankerupt , or insolvendo , but that the Ladies Infeftment is betwixt Conjunct Persons : without an onerous Cause . The Pursuer answered , that the Disponer was neither Bankerupr , nor insolvendo ; and the Defender can have no Interest : unless there were fraud or prejudice which the Defender cannot alleadge ; because the Pursuer is content , that the Defender have access by his Appryzing to the Joynture Lands , In so far as will satisfie his Annualrents , and by the Act betwixt Debitor and Creditor● the Lords are impowred to restrict Appryzings to their Annualrent , and so he can pretend no prejudice ; providing he assigne the Lady to his Appryzing , in so far as he satisfies his Annualrent , out of her Additional Joynture . The Lords found the answer to the Reduction Relevant , upon purging of the Appryzers prejudice , not only by admitting him to have access to the Appryzed Lands upon Assignation , as said is , during the Legal , but with Declaration , that if the Lady Redeemed not within the Legall , the Lands should be irredeemable , and the Lady totally excluded Earl of Lauderdail contra Lord Oxfuird . February 11. 1665. THe Earl of Lauderdail his Guidsir , being Infeft in the Barony of Musselburgh , which is a part of the Abbacy of Dumferling by a Gift from King Iames , in Anno 1584. Excepted by the Act of Parliament , for Annexation of Kirklands , in Anno 1587. And repeited in the Act of Parliamet 1593. His Father got a Gift in Anno 1641. And Oxfuird got another the same year from the King , as Heir to Queen Ann his Mother , who had a Heretable Disposition of the whole Lordship of Dumferling from the King , after Lauderdails first Right ; Lauderdail obtained Conformation of his first and subsequent Rights , in the Parliament 1661. Declaring all Rights formerly granted by the King since Lauderdails first Right , void . Which Ratification , bears , an express provision , That it shall not be prejudged by the Act salvo jure cu●uslibet . The Defender alleadged , absolvitor in hoc judicio possessorio ; because his Father was Infeft by the King , in Anno 1641. And by vertue thereof in possession , twenty years before this persuit : and as for his Ratification , the Defender not being called thereto ; it cannot take away his Right , being founded super jure communi untill the Pursuer insist in Reduction . In which case , the Defender shall answer , but is not oblidged to answer in hoc judicio , and as for the exception of the Act salvo jur : It s against the common Law : and the Act salvo jure ; is posterior without repeiting that exception . The Pursuer opponed his Ratificatiom , excepting the Act salvo jure , which being done upon the King and Parliaments certain knowledge upon consideration of Lauderdails prior Right . The Lords cannot be Judges to reduce the Sentence , and Statute of Parliament ; as Durie observes to have been found in the Case of the Earl , of Rothes and Iohn Stewart of coldinghame . The Defender repei●ed his answer ; and for these Decisions , opponed the Tennor of the Act salvo jure 1633. And repeited , 1661. Whereby the Lords are ordained to decide , in the Rights of privat Parties , according to Law , without respect of Ratification , or other privat Statuts , in favours of particular Persons , such as this , which being after this decisions , clears and enlarges the power of the Lords . The Pursuer opponed his Ratification , and exception of the Act salvo jure , which bears expresly , That it should stand as a publick Law , and so was no privat Statute , mentioned in these Acts , Salvo jure . The Lords having considered the Case , and that such exceptions from the Act Salvo jure were of dangerous consequence to the Leidges . They ordained the Parties before answer , to dispute the point of Right as if such an exception of the Act Salvo jure , had not been granted , but they thought that Defense upon a possessory Iudgement , being but a point of form , whereby the Rights of Parties were not competent by exception , or reply : the Parliament might dispense therewith , and also might repone Parties , as to the matter of Prescription , or quoad minor non tenetur placitare , but if without these and such , the Pursuer had a prior valid Right . The Lords were loath to enter upon the case of the exception of the Act Salvo Jure . Scot of Thirlston contra Scot of Braidmeadow Eodem die . SCot of Thirlston having right to the Teynd of midshef ; and pursues the possessor for 24. Years bygone , and in time coming , who alleadged absolvitor ; because these Teynds are allocal to the Church , co●●or● to a Decreet of locality , produced : bearing , such a Stipend and locatting , so much of it , and for the rest● that the Minister had the Teynds of midshef . It was alleadged , that this could not instruct , that those whole Teynds were allocal ; but so much , as made up that rest : and the Teynd is worth twice as much , and therefore the Minister had but the twenty Lamb , for the Teynd , which is but half Teynd and was lyable to the Pursuer for the rest . It was answered , that Teynds are secundum consuetudinem loci , and if Tyends had never been payed , none would be due , and if the twenty Lambs was all ever payed , they could be lyable for no more : The Lords found , that before the intenting of the cause , they would not allow any more nor then what was accustomed to be payed , unless the Pursuer , offer him to prove , that there was a Tack , or use of payment of more , which they would allow accordingly . Sir William Thomson contra Town of Edinburgh , February 14. 1665. THe Magistrats of Edinburgh , having deposed Sir William Thomson Town Clerk , from his Office , on this ground , That a Tack of the new Imposition , and Excise being set to their Tacks-men , ( which was to have been subscribed by him , as Clerk , for the Deacons of the Crafts , ) he had given it up to the Tacks-man , and had not taken their subscription thereto , neither to their own double , nor taken another double for the Town , albeit the Tack duty was fourscore thousand merks yearly , for two years ; and that it being an uncertain casuality , the value of it was most difficult to prove , and not but by the Tacks-mens own Oath . Sir William raised Reduction , on several Reasons , especially that the sentence was unjust , in so far as it was the puting on of an exorbitant , and incommensurable punishment , of deprivation from an Office of so great Value , upon a Fault of meer negligence , or escape : and that before the Sentence , the Tack-dutie was all payed , but four monethes , and now all is payed , and that Sir William was still willing for to have made up the Towns damnage . It was answered , that here was no Process to put a punishment commensurable on a Fault , but Sir William having , by the free Gift of the Town had so profitable a place for his life , upon consideration of his Fidelity and Diligence , there is implyed in it , as effectualy , as if exprest , that it is ad vitam aut ad culpam : so that the cognoscing of the Fault is the termination of the Gift freely given , so if their be a fault Justly found by the Town , they might well take back their Gift , they gave upon that condition implyed , for it was not the loss in eventu ; nor dolus in proposito , that made such a Fault ; else all negligences imaginable would not make it up , though a Servant should leave his Masters House , and Coffers open , if nothing happened to follow ; yet the Fault was the same , and could not be taken away , by making up the damnage , but here was a Fault of knowledge and importance : for Sir Wil●iam could not by meer negligence , nor ommission give away the Tack to the Tacks-men , and neither see them subscribe their own double , or any other , nor subscribe himself , this Fault was likeas in his Office , he had a particular gratuitie , as Clerk to the excise . The Lords repelled the Reason of Reduction , and found the Sentence not to be unjust , upon this ground ; because they thought that Sir William being a common Servant , who by his Act of admission , had specially engadged never to quarrel the pleasure of the Magistrats , they , as all Masters have a latitude , in cognoscing their Servants Faults , wherein , though they might have been wished to forbear rigor , yet having done it by their power , as Masters over their Servants ; The Lords could not say they had done unjustly , but found that the committing such a Fault terminat their free Gift , being of knowledge and importance , but found that if it could be proven , that the Tack was duelie subscribed , and lost thereafter , which was not of knowledge , but of meer omission , incident to any Person , of the greatest diligence , they would not find that a sufficient ground to depose him . Bishop of Dumblain contra Earl of Cassils . February 15. 1665. THe Bishop of Dumblain pursues the Earls Tennents , for the Teynds of the Abbacy of Cor●regual , as a part of his Patrimony annexed thereto , by the Act of Parliament 1617. The Defender alleadged no Process , till the Act of Annexation , being but an Act unprinted were produced . 2ly . Absolvitor , because the Defender had Tacks from the King , in Anno 1641. And by vertue thereof was in possession , and could pay no more then the Duties therein contained , till they were reduced . It was answered to the first , it was nottour , and if the Defender alleadged any thing in his favour , in the Act , he might extract it . 2ly . The Defender could not claim the benefit of his Tack , 1641. because the Bishops are restored to all they possessed in Anno 1637. And so not only Right , but Possession , is restored to them as then , which is as sufficient an interruption by publick Law , as if it were by Inhibition , ot citation . Which the Lords found relevant , being in recenti after the Act , and never acknowledged by the Bishops . Boyd of Pinkill contra Tennents of Cairsluth . Eodem die . PInkill , as Donatar to the waird of Cairsluth , pursues removing against the Tennents , whose Master compears , and alleadges , that the Gift was to the behove of the Minor , his Superiour ; who , as representing his Father and Guidsire , was oblidged , in absolute warrandice , against Wairds per expressum . THe Lords considering , whether that could be understood of any other Wairds , then such as had fallen before the warrandice , or if it could extend to all subsequent Wairds , of the Superiours Heir , and so to non-entries , &c. which they thought hard ; seing all holdings were presumed Waird , unlesse the contrary appear , and the Superiour could not be thought to secure against subsequent Wairds , unlesse it were so specially exprest , all Wairds past and to come : Yet seing it was found formerly that if the Superiour take such a Gift , and be bound in warrandice , that the same should accresce to the Vassals paying their proportional part of the expense , and composition , they found the Defense , that this Gift was to the behove of the Superiour relevant , ad hunc effectum , to restrict it to a proportional part of the expense . Hellen Hepburn contra Adam Nisbit . February 16. 1665. HEllen Hepburn pursues Adam Nisbit , to remove from a Tennement in Edinburgh , who alleadged absolvitor , because he had a Tack standing for Terms to run . It was replyed , that the Tack bore expresly , if two Terms run in the third unpayed , the Tack should expire and be null , ipso facto , without Declarator . It was answered , that notwithstanding clauses so conceived . The Lords hath been accustomed to put them to Declarator , in which case they have the priviledge to purge the Failzie at the Bar , and if need beis , the Defender will now purge . The Lords found the reply relevant , in respect of the conception of the Clause , and would not suffer the Defender to purge , for albeit in Declarators against Feues , ob non solutum canonem , the Lords will suffer the Defenders to purge at the Bar , when the pursuite is upon the Act of Parliament yet they will hardly suffer them to purgewhere that Clause Irritant is exprest in the Infeftment : so Proprietars may pursue their Tennents for failzing to pay the Duties of their Tack , and to find Caution in time coming ; else to remove when there is no such Clauses Irritant , and then they may purge , but when the Clause Irritant is exprest , there is far less reason they should have liberty to purge in Tacks then in Feus , where the penalty is much greater . Pringle of Torsonce contra Ker of Sunderland-hall . February 17. 1665. PRringle having appryzed the Right of a Wodset , from the Heirs of Sir George Ramsay , does thereupon require and charge for the Money . It was alleadged , that he cannot have the Wodset Sum , unless he not only Infest himself in the Wodset , and renounce the same , but put the Defender in peaceable possession , as he did possesse the Wodsetter , from whom the Pursuer appryzed : and who can be in no better Case , then the Wodsetter himself . The pur●uer answered , that he was willing to renounce all Right and Possession , but could not put the Defender in Possession ; because a thrid Partie had intruded himself , without the Pursuer , or his Authors Fault , and the Wodset being but a Pledge , the Hipothecar is not lyable contra vim major●m , but only pro culpa lata & levi . Therefore if a Pledge be taken away by force , it hinders not the Creditor to demand his Sum. The like must be in intrusion , which is an Act of force , and the Pursuer , who hath only his Annualrent , is not oblidged to consume the same upon recovery , but the Defender may do the same . The Defender answered , that whatever might be alleadged , in the Case of Intrusion , if in continent , the Wodsetter had intimate the same , and required his Money , yet this intruder has continued a long time . The Lords found the defense and duply relevant to stop the payment of the money till the possession were delivered , seing the intrussion was ex inter vallo . James Butter contra Gray of Balbrino . Eodem die . JAmes Butter having pursued Gray for payment of a Sum of Money , he alleadged prescription , because fourty years had run from the date of the Bond , being the last of December 1624. before any Judicial Act , or other interruption done thereon . The Pursuer replyed , that he had cited the Defender , upon the first Summons upon the 24 of December . 1664. which was six days within the fourty years , from the date . 2ly . It was much more within the 40 years , from the Term of payment of the Bond , from which only , and not from the date prescription runs , quia contra non valentem agere , non currit prescriptio . The Defender answered , that the citation on the first Summons , was not sufficient , unless there had been an Act of Continuation or some Judicial Act within the 40 year ; Because the Act of Parliament bears expresly , If the Creditor follow not , and take document within 40 years , the Bond shall expire . The Lords found the reply relevant , and that the Citation on the first Summons was sufficient , being within 40 years of the term of payment . Sir John Baird contra Magistrats of Elgine Eodem die . SIr Iohn Baird pursues the Magistrats of Elgine , for the Debt of a Rebel , escaping out of their Prison , who alleadged absolvitor , because the Rebel had the benefit of the Act , Debitor and Creditor ; and produced the Clerk of the Bills Certificat thereupon , when he was offered to Prison , and being Imprisoned joyntly for an other Debt . The Magistrats protested , that they excepted him not prisoner for this Debt . It was answered , that the benefit of the Act contains an express nullitie , if the Annualrents be not payed conform thereto . The Defenders answered , that they could not be Judge to the discharge , and that upon the like case , of a Protection of the Kings , the Magistrats of Strivling were liberat . The Lords repelled the Defense , unless the Clerks attest , the discharge had been first produced , or shown to the Magistrats before the Prisoner was let go . In which case , they might either have refused him , or let him goe free . Marquess of Huntly contra Gordoun of Lesmore . February 22. 1665. THe Marquess of Huntly , as Donatar to the Forefaulture of the Marquess of Argyle , as to the Estate of Huntly , obtained Decreet of Parliament against Gordoun of Lesmore , for payment of the Mails and Duties of certain Lands , and for removing therefrom . He Suspends , on these Reasons , First , That the Decreet was null , not preceeding upon lawful Citation , but far fewer dayes then is appointed by Law , and that he was absent , and now alleadges , that his Right to the Lands in question , was by excambion with the Marquess of Argyle , for Lands holden of the Marquess of Huntly , which he had possessed thirtie or fourtie years before , and thereefore , if the Pursuer were dispossessed of the Lands in question , he behoved to possesse him in other Lands . 2ly . The Decreet is null , as not proceeding upon tryal of an Inquest , cognoscing , the Marquess of Argyle Heretable possessor five years before ; conform to the Act of Parliament : nor could that be cog●o●●ed , because , the Defender himself was Heretable possessor these years . 3ly . The Defenders Right from the Marquess of Argyle , albeit it was post comissum crimen , yet the cryme was latent , proceeding upon missive Letters of his , that was found out of the English hands , which the Defender could not know . The Pursuer answered to the whole ; that he opponed the Decreet of Parliament , which ought not to have been Suspended , by the Lords of Session , who are not Judges to Decreets of Parliament , who may dispence with the Dyets , and Solemnities of Law , and the Pursuer insists not upon the benefit of the five years possession , but upon this ground , that the Defenders Rights from the House of Huntlie , or from Argyle were holden base of Argyle , and not confirmed by the King , and therefore by the Forefaulture of Argyle the Superiour , who , by his Right came in Huntlies place , these unconfirmed base Rights fall . Which the Lords found relevant , and in the same Process , Mails and Duties being but generally decerned , without expressing the quantities . The Lords ordained the Pursuer to condescend upon the quantities , and gave him a term to prove . Viscount of Kingstoun contra Collonel Fullertoun . Eodem die . THe Viscount of Kingstoun pursues Collonel Fullertoun , upon the warrandice of an Assignation , made by the said Collonel , to Sir Arthur dowglass of whittinghame . The Defender alleadged absolvitor , because the Assignation was only made in trust , which he offered to instruct by many Adminicles , of which these were the chief ; that by the Witnesses adduced , it was cleared , that this Assignation remained in the hands of one Cranstoun , who was filler up of the date , and Witnesses therein ; that it was never delivered to Whittinghame , and that the Right Assigned , was still retained by the Collonel , who thereupon obtained two Decreets before the Lords , and uplifted the Money from Sir William Thomson Debitor , Cranstoun , who keeped the Assignation , being an Agent in the house , never questioning the same , nor Sir Arthur , or any of his , owning the same for the space of 20 year , till of late ; Kingstoun gave 300. merk , to get the Assignation out of the hands of one Ienkin , who got it from Cranstoun , and that the Money was to have been presently imployed for the levying of Souldiers for a French Regement , whereof Fullertoun was Collonel , and Sir Arthur Livetenant Collonel , there were also two Letters of Sir Arthurs produced by the Collonel , acknowledging the trust thereof , the one was alleadged to be holograph , but nothing adduced to prove the same , but three other writs , subscribed before Witnesses , for comparing the Subscriptions therein , with the Subscriptions of the Letters . The Pursuer answered , that so solemn a Write , subscribed before Witnesses , could not be taken away by Presumptions , or Witnesses , but either by Writ , or Oath of Partie ; and as to the Presumptions adduced , there are stronger Presumptions with the solemn Writ then against it : Fullartoun a most circumspect man , would never have given an Assignation in trust , without a Back-bond , and that Sir Arthur died shortly thereafter , Anno 1642. and Cranstoun died Auno 1645. And Whittinghams Successors were strangers to the business , and the missives adduced were not proven holograph , and were suspect . The Lords found the Defense founded upon the foresaid adminicles relevant and proven and therefore assoilzied . Sir George Mouat contra Dumbar of Hembrigs . Eodem die . SIr George Mouat , as Assigney to a Tochar of 5000 merk , whereunto umquhile Dumbaith was contracter , pursues Hemprigs , as representing him for payment . The Clause of the Contract bore , That the Husband should have the Tochar , out of the first , and readiest Goods of the wifs Father ; and that he should have Annualrent therefore , but did not expresly oblidge Dumbaith to pay , and therefore he is not lyable personally , unless he had intrometted with the Defuncts means . The Lords found the Defender lyable , seing the Clause being in re dotali , it behoved to be interpret cum effectu , and if it did import only a consent , not to hinder the Husband , it signified nothing ; and because in Cases conceived passivè , where it does not appear , who is oblidged , the Contracter is understood oblidged . Campbel contra Campbel . Eodem die . A Wife pursuing her Father in Law , for imployment of her Tochar , conform to her Contract . He alleadged absolvitor , because the Clause bore expresly , that so soon as the Tochar was payed compleatly , he should imploy it ; and so much more for the Wifs Liferent use , so that , unless it were shown , that the Tochar was compleatly payed , he was not oblidged . The Pursuer answered , that she was not oblidged to pay the Tochar , but her Father , and if any neglect or defect were therein , it was not her fault , but the Defender ought to have done diligence , debito ●●mpore , and therefore , albeit the Tochar were not payed , at least he must imploy his own part proportionable to what of the Tochar he hath received . Which the Lords found relevant , and if the Pursuer had not restricted her self to that proportion they would have sustained it simply , for all the Defnders own part . Kennedy contra Weir February 23. 1665. KEnnedy of Auchtifardel , having charged William Weir , upon a Bond of 300 merk . He Suspends , and raises Reduction , upon Minority and Lesion . The Charger answered , Minority takes no place where the Minor is in dolo , as si minor sein majorem dixerit , but in this Bond , the Suspender expresly acknowledged himself to be then Major . The Suspender answered , that eadem facilitate , that he was induced to subscribe the Bond , he might be induced to insert that Clause , which therefore cannot prove , unless it were otherways proven , that he did induce the Charger to lend him Money on that ground . The Lords found , his acknowledgement in the Bond was sufficient , unlesse he instructed , that he was induced to insert that Clause , not on his own motion , or that the Charger knew that he was Minor , or was oblidged to know the same , by being his Tutor or Curator , or might have visibly known the same , by the sight of his age , and thought it not reasonable to put it to the Debitors oath , to disappoint the Creditor . Jack contra Pollock and Rutherfoord . Eodem die . MArion Rutherfoord Married David Clerk , and had no Contract of Marriage with him , but he having acquired a little ruinous Tennement , took it to her and him in Conjunct-fee , and in the time of the Plague● he provided her to the Annualrent of 5000 merk . His Heirs raises Reduction of the provision , as being in lecto agritudinis , after he had keeped his house upon suspition of the plague , of which he died . It was alleadged , for the said Marton , that keping the house upon suspition of the plague could not be as in lecto aegritudinis , unless it were proven , that he was infected with the Desease , before the provision was granted . 2ly . Even in that Case , Defuncts are not hindered to give Liferents to their Wives , for which there is a natural obligation , according to Craigs opinion . The Lords repelled the first alleadgence , but found the second relevant , in so far as might extend to a competent provision to the Wife , and therefore having examined many Witnesses hinc inde , upon the Estate of the Husband , and the Tochar , and frugality of the Wife , and finding his means did consist in a Tenement worth 500 merk by year , beside that inconsiderable Tenement , wherein she was Infeft , they restricted her Annualrent , which came to 300 merk , to 123. lib. which was about the Terce of the Tenement , albeit Terces of Houses within Burgh are not due . In this Process , the VVife and her second Husband , a●d having repaired the other little Tenement , which was ruinous , and builded it much better then ever it was ; for which they pursued for the Reparations . The Lords found , that they ought to have the Reparations decerned , not only in so far as is necessary , but in quantum , the Heir will lucrari , by getting greater mail to be payed at the Wifes death , she leaving the Tenement in as good case as now it is . Sir James Mersser of Aldie contra William Rouan . February 24. 1665. SIr Iames Mersser of Aldie , as Donatar to the Gift of ultimus haeres , of umquhil Iohn Rouan , pursues a Reduction of the Retour , and Service of William Rouan , Served Heir to the Defunct , as his Goodsirs Brothers Oye : and having obtained Certification , contra non producta ; there being nothing produced , but the Retour , Service , Brive and Executions , but no Warrand of the Service , either bearing the Testimony of Witnesses , adduced to prove the propinquity of Blood ; or bearing , that the Inquest of proper knowledge , knew the same . The Pursuer now insists in his Reason of Reduction , that the Service is without Warrant , and without Probation by Writ or Witnesses . It was answered , non relevat , as it is lybelled , bearing only that it is without probation by Writ or Witnesses , whereas it might proceed upon the proper knowledge of the Inquest , or any two of them . The Pursuer answered , that neither were there any Probation by Writ or Witnesses , nor by the Minuts of Processe , bearing , that the Persons of Inquest , of their proper knowledge did Serve . The Lords considering , that the Minuts of these Process upon Service , for Serving general Heirs , which may be before any Judicature , use not to be exactly keeped , would not instantly Reduce for want of the Warrants ; but ordained the Persons of Inquest to be produced , to condescend whether they proceeded upon proper knowledge , and what was the Reason of their knowledge . Mc. Gregor contra Menzies . Eodem die . THere being a question arising betwixt Mc. Gregor and Menzies , upon a Decreet Arbitral . The Lords found the Decreet Arbitral null , proceeding upon a Submission of this Tenor , submitting to the Arbiters , ay and while they meet , at any Day and Place they found convenient , with power of Prorogation , without any particular Day , for giving their Sentence blank , or filled up , because the Decreet Arbitral was not within a year of the Date of the Submission , nor any Prorogation during that time . Dam Elizabeth Dowglass and Sir Robert Sinclar of Longformacus contra Laird of Wedderburn . Eodem die . THe Lady Longformacus , as Heir to her Goodsire , William Dowglas of Eveling , who was Donatar to the Escheat and Liferent of Iohn Stewart of Coldinghame , pursues the Laird of Wedderburn , for the Teinds of his Lands , which Teinds pertained to the Abbots of Coldinghame . The Defender alleadged absolvitor , because he has Tack to run , flowing from the Earl of Hoom , who was Infeft in the Lordship of Coldinghame● and before that was Commendator thereof by His Majesty . 2ly . Iohn Stewart had ratified all Rights , flowing from the Earl of Hoom ; and consequently this Tack after which , the Donatar of his Escheat could not challenge the same ; for the Ratification is equivalent , as if the Tack were granted by the Ratifier . The Pursuer answered , that the Defense upon the Tack , and the Earl of Hooms Right ought to be Repelled , because the Earl of Hoomes Right , is Reduced by the Parliament 1621. on this consideration , that the Earl of Bothwel being Commendator of Coldinghame , had demitted the same in his Majesties hands , whereupon the said Iohn Stewart his Son , was provided by the King , Commendator of Coldinghame , and thereafter the Earl of Bothwel being Forefault , the said Iohn and his other Children were Dishabilitate , and declared incapable to bruik and joy his Land and Heritage , or to succeed to any Person within this Realm , by Sentence of Parliament ; whereupon the King provided the Earl of Hoom to be Commendator of Coldinghame ; and thereafter on the Earls own Resignation , Infeft him therein , in an erected Lordship , and thereafter in the Parliament 1621. The King and Estates , upon express consideration , that Iohn Stewart was an Infant , no wayes accessory to his Fathers Crimes , did therefore annul his Dishabilitation , and Rehabilitate him , and declared that he should have Right to the Abbacy of Coldinghame , in the same manner as he had before his Dishabilitation ; and Resci●ded all Rights and Infeftments of the said Abbacy , granted by His Majesty ; to any Person of the said Abbacy , since the said Dishabilitation● in so far as the samine might be prejudicial to Iohn Stewart's Provision , that he had before . After all which , Iohn Stewart upon his own Resignation , was Infeft in the Property of Coldinghame ; so that the Earl of Hoom's Right being Reduced in Parliament , and falling in consequence with Iohn Stewarts D●shabilitation ; whereupon it was founded : the Defenders Tack following thereupon● falls also in Consequence , as was already found by the Lords , in Anno 1628. betwixt the said William Dowglas of Evelen and the Laird of Wedderburn , conform to an Interlocutor , Extracted and produced ; which is sufficient inter easdem partes , and cannot be questioned , super eisdem deductis now ; albeit at that time Wedderburn past from his compearance , and so the Decreet against him was in absence , yet the Interlocutor was ordained to be Extracted against him by the Lords , which is sufficient : and as for the Ratification of the Tacks granted by the Earl of Hoom , the samine was after Iohn Stewart had Resigned his Comendatorship , and before he was Infeft in Property . The Defender answered ; First , That the said Reduction of the Earl of Hoom's Right , was without calling of the Defender : or of the Earl of Hoom himself● 2ly . It mentions no particular Right , or any Person , but in general , all Right ; and so is but a privat Right , impetrat from the Parliament , without hearing of Parties ; and therefore falls under the Act of Parliament , salvo jure . And as to the former Interlocutor of the Lords . The reason why the Lords sustained the said Rescissory Act , was because they found themselves not competent to Judge , as to Sentences of Parliament , or to annul the same , upon the not calling of the Parties , in respect that the Act salvo 1621. relates to Ratifications ; but not to such Sentences as this : but by Act salvo , 1633. It is expresly declared , that that Act , and all former Acts salvo , should not only extend to Ratifications ; but to all other privat Acts impetrat without hearing of Parties , and prejudicial to other Parties Rights : and therefore now the Lords ought to proceed upon the Parties Right , without consideration of that Act Rescissory . 2ly . The Act of Parliament Prohibits and annuls all Restitution of Forefaulture by way of Grace , in so far as may be prejudicial to these , who bona fide , acquired Rights from the King , medio tempore : and so the Rehabilitation of Iohn Stewart , cannot prejudge the Earl of Hoom : or the Defender who had Right from the Earl. It was answered for the Pursuer , that there was no difference in the two Acts salvo jure ; albeit the last was more express then the first , containing the same in effect . 2ly . Iohn Stewart being Dishabilitat by the Parliament , without Citation or Crime , might justly be Rahabilitate , eodem modo , without Citation , and that not by way of Grace , but in Justice , as not accessory to the Crimes● and albeit Forefaultures may not be taken away by way of Reduction , by the Act of Parliament , 1584. cap. 135. yet that cannot be extended to the Dishabilitation of their Children , so that the Parliament doing nothing prejudicial to any Parties Right , but restoring Iohn Stewart to his just Right , eo ipso , the Earl of Hooms Right fell in consequence , as founded upon Iohn Stewarts Dishabilitation , and with it the Defenders Tack . The Lords Repelled the Defense upon the Tack , in respect of the Reply , for albeit the Act of Parliament , 1633. be much larger then the Act salvo , 1621. so that thereby the Lords might have cognosced upon John Stewarts Rehabilitation as without Citation , if it had wronged any other Persons Right , but finding that it was an Act of Iustice , wronging no Persons Right , they found the same Relevant . Town of Edinburgh contra Sir William Thomson . Iune 6. 1665. THe ordinar Council of Edinburgh , having Deposed Sir William from his Office of Town Clerk , he raised a Reduction of the Sentence , on four Reasons ; first , that the samine was null , because it proceeded without Citation , or necessar Solemnities of Process . 2ly . Because the Town could not be Judge in their own Cause . 3ly . Because by the Sett , or the Kings Decreet Arbitral , for the Government of the Town , no Person could be admitted to any Office or Benefice therein , but by the great Council consisting of the ordinar Council and their Deacons ; and consequently none could be Deposed from such Offices , but by the same great Council , and this Sentence was by the ordinar Council . 4ly . That the Sentence was exorbitant and unjust , in Deposing him for an Omission , sine dolo , lata culpa , aut damno . The Lords having discussed the fourth Reason , and heard the whole Dispute at length in praesentia . The Defender after Interlocutor , but not pronounced on the fourth Reason , borrowed the Process , and refused to re-deliver it . The Town called upon a Copy , and represented the manner of abstracting the Process . The question was , what should be done , and whither Sir William might before Litiscontestation , or any Interlocutor pronounced , take up his Process . The Lords admitted Protestation on the Copy , and ordained an Act of Sederunt , prohibiting the Clerks to give up any Process to the Pursuer , after it was Dispute to the full in all the Members thereof , though no Interlocutor were past , or pronounced thereupon , lest after so long Debate , and hearing , the Lords should at the discretion of Parties , lifting their Process , lose their time , but what had been Dispute , should be advised , de recenti . Iune 8. 1665. The Lords upon Supplication , ordained an Appryzing to be allowed , albeit not only the Debitor against whom it was deduced , was dead , but the threescore days were long since expired , and ordained the allowance to be Registrat , in respect that the late Act of Parliament , declares that such Appryzings as are not Registrat within threescore , shall not be preferred to posterior Appryzings first Registrate , so that the Lords thought , that where the allowance was Registrate , albeit after the threescore dayes , it would be preferred to any other Appryzing Registrat thereafter . Eodem die . The Lords intimat to the Writers , Keeper of the Signet , and Clerk of the Bills , an Act of Sederunt , prohibiting general Letters , upon Presentations or Collations of Ministers , whether having Benefices , or modified Stipends , until every Incumbent obtain a Decreet conform , albeit they should produce their Predecessors Decreet conform , or a Decreet of Locality , containing the Stipend particularly . Swintoun contra Notman . Iune 10. 1665. SWintoun in his Testament , having named his Wife Tutrix to his Children , and Notman and others , Overseers . His Relict within a year , was married , and so her Tutory ended ; shortly after Notman received from her a number of several Tickets , belonging to the Defunct , and gave his Recept Thereof , bearing , that he had received them in his Custodie , and keeping● thereafter , he uplifted the Sums , contained in some of the Tickets , and gave a Discharge to the Relict and second Husband , of some particulars , and consented with the Pupil , to a Discharge to a Debitor , which expresly boor , him to be Tutor Testamentar , and did intromet with the Rents of some Tenements , and Disposed upon some Sheep , whereupon Swintoun the Pupil pursues him as Tutor or Pro-tutor , not only for all he Intrometted with , but for the Annualrent thereof , and for all the rest of the Defuncts means , which he ought to have intrometted with , and to have called the Tutrix to an account therefore , and condescended upon the insight and plenishing of the Defuncts House , the Goods in his Shop , he being a Merchant , the Debts in his Compt Books , and these due by his Tickets , not only received by Notman , but by others , and for the remander of his Sheep , and other Moveables , and for the rest of his Rents , not uplifted by Notman . It was alleadged for Notman ; 1. That that member of the Libel was not Relevant , whereby he was pursued , not only for that he Intrometted with , but what he omitted , because a Pro-tutor is not obliged as far as a Tutor for the Pupils whole Means , but this far only , that whatsoever he intromets with , as to that he is obliged as a Tutor , to imploy it , and preserve it , and so is lyable for Annualrent therefore , and in that he differs from another , negotiorum gestor , who is not lyable for Annualrent , but he is not lyable for other particulars of other kinds , that he medled not with , as albeit he had medled with the Tickets , yet that would not oblige him to medle with the Compt Books , Plenishing , or Cattel ; there being no Law to oblige him , neither was there any possibility , that he could meddle therewith , being neither obliged , nor able so to do , having no active title in his Person ; for Overseer , non est momen juris , and by our Custom , i● doth oblige to nothing , but is as the fidei commissa , were in the ancient Roman Law in the arbitriment of him , to whom they were committed without any obligation or legal compulsion , ex mera pietate , so that his being Overseer●● could oblige him in nothing , and his meddling thereafter to preserve the means of the Pupil , when his Tutrix and Mother had superinduced a second Husband , ought not to be hurtful to him ; otherwayes no Overseer will ever meddle in any case , with any thing of the Pupils , whereby their Means may be destroyed . 2ly . He cannot be lyable as Tutor notwithstanding of the Discharge , subscribed by him , hoc nomine ; because albeit that would prove him Tutor , where the case did not otherwayes appear , seing the contrair is manifest ; that whereas the Discharge bears him Tutor Testamentar . The Testament produced , bears him only to be Overseer , & fa●sa designatio non obest . 3. The Ticket or receipt of the Bonds cannot obliege him for all these Bonds , but such thereof , whereof he uplifted the Money , and only from that time that he uplifted the same ; especially seeing the Ticket bears , that he received them in his Custodie , which any friend might do , especially an Overseer ; and does not import his purpose of Intromission . The Pursuer answered to the first , that his Lybel was most Relevant , not only for Intromission , but Omission ; because a Pro-tutor in Law is oblieged in all points as a Tutor , not only pro commissis sed p●o omissis : and albeit he had no active Title , whereby to Intromet , that cannot free him from being lyable passive more then a vitious Intromettor , or one behaving as Heir ; but he ought either to have forborn , or procured to himself a Tutory dative , and unless Pro-tutors be universally lyable , Pupils will be destroyed , because any body will meddle with their Means , knowing they are lyable but for what they meddle with , and the A●nualrent thereof , which perhaps will not be made out against them ; but if they be universally lyable , they will either wholly abstain , or orderly Intromet , by procuring a Title : and albeit Overseers be not lyable in the first place , yet they are tutores honorari , lyble after the other Tutors are discussed . As to the third , the receipt of the Bonds , albeit it bear in Custody , yet it is proven by the Writs produced , quod se immiscuit , by uplifting the sums contained in some of the Bonds , and therefore is lyable for the whole . The Lords having heard and considered this case at length , found , that seing there was no Law nor Custom of ours to make a Pro-tutor lyable in all points as a Tutor , and that the Civil Law oblieges not us , but only we ought to consider the equity and expediency thereof , and therefore they found , that they could not condemn the Defender for omissions , seing there is no Antecedent , Law , nor Custom : and therefore found , that as Overseer , he was oblieged to nothing , and that as Intrometter , he was lyable for what he intrometted with , and the annualrent thereof , after his Intromission , and found him lyable for the hail Bonds in his Tickets , seing he meddled with a part of the Money thereof , and found , that if he had meddled with a part of the Sheep , that would make him lyable for the whole Sheep of that Flock , and the Annualrent thereof , and found that his being Designed Tutor , contrair to the Testament , did not instruct : but the Lords Declared , that in cases occurring in all time coming● they would find Pro-tutors lyable in all points as Tutors , and ordained an Act of Sederunt to be made thereupon and published in the House , to all the whole Advocats , that none pretend Ignorance . Sir Alexander Hoom contra Iune 10. 1665. 〈…〉 pursues for mails and Duties of certain Lands . It was alleadged for the Tennents , no Process , because they offered them to prove , that they were Tennents by payment of Mail and Duty to Sir Alexander Hoom their Minister , before intenting of this Cause , and he was not called . 2ly . Absolvitor , because they were Tennents to the said Sir Alexander , who had a right of an Appryzing , and Diligence thereupon , anteriour to the Pursuers Right . The Pursuer answered to the first , non relevat , in an action of Mails and Duties ; albeit it would be relevant in a Removing . In which two Actions , the Lords have still keeped that difference , that in Removings the Heretor should be called , because thereby his Possession was to be interverted : but in Mails and Duties , the Tennents might Suspend on Double Poinding , and thereupon call both Parties : Or if a Tennent did collude , the master , might use the Tennents name , but double Poinding could not have place in Removings . To the second , it is not competent to the Tennents to Dispute their Masters Right , which is to them jus tertij ; but they should have intimate to their Master , to compear and defend his own Right , who if he will , compear and produce his Interest , may be heard . The Lords Repelled both Defenses , unless Sir Alexander compear and produce his Interest . A Letter from the KING . Iune 14. 1665. THe Lord Ballantine The saurer Depute compeared , and produced a Letter from His Majesty to the Lords , bearing , that His Majesty having heard a doubt moved before him , whether Declarators of Ward , Non-entries , &c. should be discussed before the Lords of Session , or Lords of Exchequer ; His Majesty Declared His Pleasure , that in the mean time , till H●s Majesty got further evidence , and clearing therein , such Actions should be pursued before the Lords of Session . Which Letter was ordained to be Recorded in the Books of Sederunt . Aikman contra Iune 15. 1665. AIkman having Charged upon a Bond of borrowed Money . Suspended , and alleadged that the Charge was truely for a Prentis● fee , for a Royto a Writter , who was oblieged to Educat him three years , and it is offered to be proven by Witnesses , that he beat the Prentise , and put him away with evil usage , within a year and an half , and so can have no more at most , then effeirand to that time . The Charger answered , that he could not devide the Probation , in one single Defense , both by Oath and Witnesses , and that he could not take away Writting by Witnesses , in whole or in part . The Lords sustained the Probation by Oath and Witnesses , as proponed . Cruikshank contra Cruikshank . Iune 16. 1665. GEorge Cruikshank pursues the Rel●ct and Executrix of Cruicksshank his Uncle , for payment of a Bond of 400. Pound . The Defender alleadged absolvitor , because the Defunct had granted an Assignation of certain Sums of Money to David Cruikshanks , the Pursuers Brother , wherein there was a Provision in favours of the Pursuer , that the said David should pay to him a●thousand Pound , which must be understood to be in satisfaction of this Debt , in the first place , nam nemo presumitur donare quamdiu deb●t . The Pursuer answered , that the foresaid Rule hath many exceptions , for it being but a presumption , a stronger presumption in the contrair will elide it as in this case . The Defunct had no Children , and had a considerable fortone , and the Pursuer and the said David his Brother , were the Defuncts nearest of Kin : and albeit the foresaid Disposition be not in the express terms of a Legacy , yet it is donatio mortis causa ; for it contains an express power to the Defunct , to Dispone otherwise , during his life , and in another Provision therein , it bears expresly , to be in satisfaction of Debt , due to that other Party , and says not so as to the Pursuer ; all which are stronger extensive presumptions , that the Defunct meaned to Gift no less then the whole thousand pounds . Which the Lords found Relevant . William Wright contra George Shiel . Eodem die . WIlliam Wright as assigney by Iohn Shiel in Carlowrie , obtained Decreet against George Shiel in Nortoun as Heir to Iohn Shiel his Brother● for payment of two Bonds . George Shiel Suspends on this Reason , that the Assignation was gratuitous , without onerous Cause , which he offered to prove by the Assigneys Oath , and offered to prove by the Cedents Oath that the Debt was satisfied . The Lords having at length considered , and Debated this Case among themselves , whether the Cedents Oath could prove against an Assigney , when the Assignation was gratuitous , some were of opinion , that it could not , because nothing can prove but Writ or two Witnesses , or Oath of Party , and the Cedent is not the party , but the Assigney : and albeit the Cedent could be a Witness , he is but one ; and because it is a Rule with us , that the Cedent cannot Depone in prejudice of the Assigney , unless the Charge be to the Cedents behove : and we have no Exception , whether it be gratuitous or onerous ; but the most part were of opinion , that in gratuitous Assignations , the Cedents Oath should prove ; because an Assigney is but Procurator , in rem suam , and doth not proceed upon his own Right , but , utitur jure authoris : and therefore , albeit for Commerce , our Custom hath not allowed the Oath of the Cedent , in prejudice of the Assigney ; Yet the case in a gratuitous Assignation , hath neither been Debated nor decided ; and therefore in it , the Cedents should be sufficient , seing it cannot be presumed , that he who voluntarly gifted , will swear to his Assigneys prejudice ; and that truely the Cedent is Party , and the Assigney pursues but as Procurator , in rem suam . And seing we have no Law regulating this case , equity and expedience ought to rule it : but in equity no man can put his Debitor in a worse condition , without his consent , either as to the matter , or as to the manner of Probation ; and in expedience , the excluding of the Cedents Oath in this case , opens a way for Fraud , that after Debts are payed , they may be assigned , even freely , and the Debitor is excluded from his Probation of the payment . The Lords before answer , Ordained the Assigneys Oath to be taken , whether Assignation was for a Cause onerous or not . Bruces contra Earl of Mortoun● Eodem die . BRuces pursues the Earl of Mortoun for payment of a Bond , who alleadged that the Bond was assigned by the Defunct , and the Assignation intimat , and a Decreet obtained against him thereupon . The Pursuers answered , that this was jus tertij to the Defender , who could not Dispute the Assigneys Right . The Defender answered , that it was exclusio juris agentis . The Lords Repelled the Defense , as being super jure tertij , and decerned , but ordained Suspension to pass , without Caution or Consignation , that the Assigney may be called , and Dispute his Right . Gideon Murray contra Iune 17. 1665. GIdeon Murray having obtained Decreet against for certain Merchant Ware , wherein he was holden as confest , and thereafter reponed , and the Decreet turned in a Libel . The Receipt of the Goods was found probable , pro ut de jure , and was accordingly proven , and the Cause being concluded , and the Depositions advised . It was alleadged for the Defender , first , that he produced and instantly verified , that the Pursuer had granted him a Bond , after the furnishing of the Account of a greater sum , which must be presumed to have included satisfaction of the Accompt , 2ly . The Decreet was more then three year after the furnishing , and so was not probable by Witnesses ; but that manner of Probation was prescribed by the Act of Parliament . The Pursuer answered to the first , that both those Exceptions were competent and omitted , and now after Probation taken ; there was no reason to sustain that alleadgence , for after Litiscontestation , no new exceptions can be admitted , unless they be instantly verified and emergent , or at least new come to knowledge , as this is not , for it was obvious , being founded upon so known a Law , as to the Prescription : and as to the other , it is but a weak presumption , no way relevant , unless the posterior Bond had exprest to have been after Compt and Reckoning . The Defender answered , that the Lords might ex nobile officio , repone Parties to Defenses , instantly verified , after Litiscontestation● and albeit they ordinarly repone them when the Exceptions are emergent , or new come to knowledge : yet in other Cases , ex officio , they may , as when there is so pregnant a presumption concurring . 2ly Albeit Prescription hinder Pursuits active : Yet seing the Defender was Creditor by Bond , in a greater Sum. The Pursuer needed not pursue for the Accompt , quia intus habuit , and the other Party might have compensed upon the Bond ; and therefore , as in the Civil Law , in debitis naturalibus & non civilibus licet non dat actionem dat tamen exceptionem : so here the Pursuer may except upon account after three years . The Lords found the presumption not Relevant , and found that the manner of Probation being prescribed , it could not be made use of , either by Action or Exception , albeit there was a compensation competent , yet it befell not , ipso jure , seing it was not liquid , but liquidable by the other Parties Oath . But as to reponing in this state of the Process , though many of the Lords were in the contrary , yet seing the exception was but a Prescription , which is but by positive Law , and odious , so that the Pursuer might as well have craved to be reponed against the Prescription , as the Defender against his omission of a palpable Defense , yet in respect of the Prescription , and that the Party was poor , the Lords Reponed . Christian Braidie contra Laird of Fairny . Iune 21. 1665. CHristian Braidy Relict of Iames Sword , having Inhibite George Glassfuird upon his Bond , pursues a Reduction of a Disposition , granted by George to the Laird of Fairny , of certain Lands , as being done after her Inhibition . Fairny having produced the Disposition , it bear to be Holograph , whereupon it was alleadged , that it was null by the Act of Parliament , requiring all Writs of importance to be subscribed before Witnesses ; and this Disposition wanted Witnesses . The Defender offered to prove it was Holograph . The Pursuer Replyed , that the question being de data , not that it was subscribed , but when it was subscribed , whether prior or posterior to the Inhibition , Witnesses could not be received , where the question was not against the granter of the Writ , or his heir , but against a third Party . The Lords before answer , did appoint Witnesses to be examined , omni exceptione majores , who being now Examined , both Deponed that they saw the Disposition subscribed , and that it was long before the Inhibition . It was then alleadged , that this being done , but before answer , it was intire to Discuss the Relevancy of the alleadgence , whether a Date might be instructed by Witnesses . 2ly . Albeit Witnesses omni exceptione majores were receivable , for such an effect , that these Witnesses were not such , the one being but a Town Officer , and the other Procuratorfiscal of a Sheriff Court , especially seing there were strong presumptions of fraud , as that nothing followed upon this Disposition , that it remained Clandestine for several years , that thereby the Disponer becoming Bankrupt , had excluded some of his Creditors , and preferred others , and that there was no penuria testium , seing both thir Witnesses assert they saw it subscribed , and the one Deponed , that he Dited it so , that their Names might easily have been insert ; and therefore it must be thought , it was done for some Fraudulent intent , as to be of an anterior Date to the Inhibition : and therefore in such a case , the Witnesses should be Persons of Fame , and known Reputation . It was answered , that the Witnesses adduced , were sufficient , seing they were above exception . Frst , because they were publickly called to the Bar , and received without any objection , so that now none is competent . 2ly . That there is no relevant Exception yet alleadged , for the being a Town Officer , is no legal Exception , neither to be of a mean condition , nor to be of a small Estate , if he were worth the Kings Unlaw and for the presumptions , they were but meer conjectures ; for it was free for a man to make his Disposition all with his own hand , or before Witnesses , and what his motives has been to do it , cannot be known , and so ought not to be presumed fraudulent , nam nullum vitium presumitur . The Lords having fully considered this case , and having Debated , whether Witnesses at all were receivable to astruct the Date of a holograph Writ ; and also , whether these Witnesses adduced were sufficient : they found that in respect of the presumptions of Fraud , adduced these two Witnesses , were not sufficient to astruct without further Adminic●es , either by Witnesses of unquestionable Credit , or by Writ . Procuratorfiscal of the Commissariot of Edinburgh contra Thomas Fairholm . Iune 23. 1665. THomas Fairholm being Charged to give up an Inventar of the Goods and Gear pertaining to umquhil Alexander Deninstoun , whose Daughter he had married . He Suspends on this Reason , that the Defunct had granted a Disposition to one of his Daughters , of his hail moveable Goods , and sums of Money , so that he had nothing the time of his Death , and there needed no Confirmation , but he might lawfully possess , by vertue of his Disposition ; and there was no Law to force Persons in such a Case to Confirm , neither had it ever been sustained by the Lords . It was answered , that it was juris publici , to have the Goods of Defuncts Confirmed , that nearest of Kin , Children , Creditors , and Legatars , might know the condition thereof ; and this Defuncts moveables , albeit Disponed , yet not Delivered , remained in bonis defuncti , and so behoved to be Confirmed . The Lords having Read the Disposition , and finding it to be general , omnium bonorum , that he had , or should have , the time of his Death , and there being nothing alleadged of any onerous Cause , or that it was before his sickness , albeit the Case was new , yet they found there was necessity of Confirmation in this Case : But if it had been a Disposition only of special things , as Bonds or Goods , or had been for any onerous Cause , or had been made in leidg pousti , and any symbolical Delivery , the Lords were not so clear in it , but resolved to hear such Cases in their own presence , when they should occur . Collonel James Montgomery contra Wallace and Bouie . Iune 24. 1665. THe Collonel as Heretor of the Miln of Tarboltoun , having pursued Bouie for abstracted Multures of Drumlie . It was alleadged for Bouie and Wallace of Garricks , who had Disponed to him , with warrandice absolvitor ; because Wallace and his authors were Infeft in the Milns and Multures , before the Pursuers Infeftment of the Miln . The Pursuer Replyed , that the Thirlage was Constitute by a Decreet in Anno. 1569. against the Tennents of Drumlie therein mentioned . The Defender answered ; First , that the Heretor was not called . 2ly . That it did not appear , that these Tennents did dwell in Drumlie Wallace , there being two Drumlies lying contigue , one called the Dinks Drumlie , the other called Drumlie Wallace . 3ly . That for any Possession , they offered them to prove that it was interrupted from time to time , by going to other Milns . The Lords having Ordained Witnesses to be Examined , hinc inde , whether the Tennents in the old Decreet , did possess Drumlie Wallace , or the Dinks Drumlie . 2ly . What Possession the Pursuer and his authors had . 3ly . What Interruptions the Defender and their authors had , many Witnesses being Examined , hinc inde . It was clear , that since the year 1653. when Capringtoun , the Pursuers author died , there was no Possession , and there was not above twenty eight years Possession , proven before , because there was no Witness of that age , that could have been of Discretion fourty years before the year 1653. but they found it proven , that the Persons mentionate in the old Decreet , or some of them were Possessors of Drumlie Wallace , and also there was a Tack produced , set by the Pursuers author to one of the Tennents of Drumlie , wherein it was provided , that the Tennent should relieve him of the Multures , and did not express what Miln . The Lords found the old Decreet , although the Master was not called thereto , was not sufficient alone , yet with a long Possession thereafter , they found the same was sufficient to Constitute the astriction , and found the Interruptions by going to other Milns , were not so frequent and long , but that they might have been private and Clandestine , and the Probation during memory , before this contraversie was found to instruct anterior Possession , to compleat prescription . Irwing contra Strachan . Eodem die . ALexander Strachan as Assigney by Patrick Gordon , Charges Iohn Irving to make payment of a Bond of 500. merks , which being Suspended on this Reason , that the Cedent was Debitor to the Suspender in a greater sum , being oblieged for the grouth of certain Lands , of the Cropt 1633. and certain Bolls of Meal , as the Duty thereof . The Charger answered , that this was not liquidat against him , nor against his Cedent , before his Assignation . The Suspender answered , that it was liquidate before in so far as there was a Decreet of Liquidation obtained against the principal Party for whom the Cedent was Cautioner in the Contract , which must be sufficient against the Cautioner , albeit he was not called , because his obligation was but accessory , unless he could instruct Collusion ; and this Decreet of liquidation , proceeds upon Probation of Witnesses . The Lords sustained the Compensation , and found the Liquidation sufficient , being against the Cautioner , though he was not called , and against this Assigney , seing the Decreet was before the Assignation . Alexander Ferguson contra Steuart of Askeoge . Iune 27. 1665. ALexander Ferguson having obtained a Presentation from the King , as one of the Prebenders of the Chapel-Royal , and thereupon a Decreet conform ; and having Charged Steuart of Askeoge , he gives in his special Charge , that the Paroch of Inchgarth , which is now annexed to Rothesay , belonged to his Pr●bendrie , as being a part of the Patrimony of the Chapel-Royal . It was answered for Askeoge , that he bruiks the Teinds by vertue of a Tack granted by Mr. Ninian Steuart Minister of Rothesay , whereof this Kirk , now annext is a part , and that there is nothing appears to instruct that these Teinds were ever Mortified to the Chapel-Royal , or that the Chapel-Royal was in Possession thereof . The Pursuer answered , that seing he had the Kings Gift , and Decreet conform , it was sufficient , unless the Defender would alleadge , that the said Mr. Ninian Steuart had a better Right , or was in Possession ; for the King being the Common Author , and Fountain of Rights , His Majesties Gift is sufficient against any that show not a better Right : and as for the Tack produced , it is null , being for nineteen years , without consent of the Patron . The Defender answered , that albeit both Parties were in acquirenda possessione ; yet decimae debentur Parocho ejusque praesumuntur nisi aliter appareat : and therefore unless these Teinds have been Transmitted from the Parson of the Paroch , by long Possession , or Mortification , they are his , and the Kings Gift alone , cannot take them from his ; but here the Parson has been in Possession , by Setting the Tack produced , which is sufficient , as to Possession , albeit it were null by Exception , as it is not ; and the nullity thereof is only competent to the Person of the granter , and not to this Pursuer . The Lords found the Kings Gift and Decreet conform , with Institution and Collation , was not sufficient , unless either the Mortification of these Teinds , or the Prebenders Possession were instructed . Mr. Walter Caut contra Iames Loch . Eodem die . MR : Walter Caut having pursued Iames Loch and his Mother as Tutrix , for her Interest , for the Mails and Duties of some Appryzed Lands , and the quantities being referred to the Tutrix Oath , she refused to Depone , alleadging that she had forgotten the quantities , whereupon the Pursuer craved her to be holden as confest , upon the Rental given in by him , as if she had acknowledged the same . The Lords found she could not be holden as confest , being not the Party , but Tutrix , but they found that she might be forced to Depone , by Horning and Caption , as other Witnesses . Alexander Monteith contra Anderson . Iune 28. 1665. THere being mutual Reductions betwixt Monteith and Anderson , the former having Right to an Appryzing , led in Anno 1619. and the other Mr. Iohn Anderson having adjudged in Anno 1656. Mr. Iohn Anderson insisted on this Reason , that Monteiths Apprizing proceeded was on a Sum of 5000. Merks , due by Iames Nisbet , the common debitor to Gilbert Gourlay , after that Iames was Rebel , at Mr. Iohn Andersons authors Instance : after which , no Bond granted , could prejudge the other Creditor , having used Diligence before , but the Bond is null by the Act of Parliament 1621. against Bankrupts . It was answered for Monteith , that that Act was only against Fraudulent Dispositions , between confident Persons , without Cause onerous● but here a Bond of borrowed Money , was onerous , and no man was thereby hindered to borrow Money . Anderson answered , that the Narrative of the Rebells Bond , bearing borrowed Money , could not instruct against a Creditor using prior Diligence . This the Lords Repelled . Anderson insisted upon this Reason , that Gourleys Bond was granted by Iames Nisbet , Iames and William Arnolds , all Conjunct Principals , without a Clause of Relief ; and this Bond was assigned by Gourley , with this express Provision , that no Execution should proceed thereupon , or upon the Bond , or Inhibition against the Arnolds : and so if the Assigney had been pursuing Iames Nisbit for all , he might have answered , that the Assigney had accepted his Assignation , with this provision , that Iames Nisbet could not use Execution against the other two Co-principals ; and therefore he being excluded from his Relief , could be only lyable for his third part , for he would not have subscribed the Bond , but upon consideration of his Relief . Monteith answered , that all the three principals being bound conjunctly and severally , the Creditor might renounce all Execution against two of them , and yet crave the whole from the third , and there was no more done in this case : and albeit there be no Clause of mutual relief exprest , yet hoc in est de natura rei : So that albeit Nisbet , by vertue of the Assignation , thought it had been transferred to him could not have pursued the two Arnots , yet by the obliegement of mutual Relief , implyed he might , not as Assigney , but as coreus debendi . Anderson answered , that if the Clause had born only a Provision , that no execution should pass upon the Assignation , it might have been consistant ; but it bears , that no Execution should pass upon the Assignation , or Bond. The Lords found , that the Obliegement of mutual Relief , was implyed , where parties were bound conjunctly and severally , albeit not exprest , and that the Provision related only to the Bond , quantum ad creditorum , and did not restrict the implyed obliegement of the Co-principal , and therefore repelled this Reason also . Robert Keill contra Iohn Seaton . Iune 28. 1665. GEorge Seaton as principal , and the said Iohn Seaton his Cautioner having granted Bond to Robert Keill , and being Charged thereupon , both did suspend , and having alleadged payment , they succumbed , and were Decerned ; Iohn Suspends again , and raises Reduction upon minority and lesion . The Charger answered , First , That this Reason was competent and omitted in the former Decreet . 2ly . That proponing payment , did homologat the Debt , as if an Heir proponed payment , he would not be admitted fo renounce thereafter , or to deny the passive Title . The Suspender answered , that the former Process being in a Suspension , nothing was competent but what was instantly verified . and so minority and laesion was not competent . The Charger answered , that the Decreet of Registration was turned in a Libel , as being Registrat at the Assigneys Instance , not having Intimat during the Cedents Life , and at that time the Suspender had raised his Reduction , and so it was competent . The Suspender answered , that he was not oblieged to insist in his Reduction , and that the reasons thereof were not proper , even in an ordinary Action , but only by a Reduction . It was furder alleadged , that competent and omitted , took no place in Suspensions . The Lords had no regard to the last alleadgence , but repelled the alleadgence upon homologation , and upon competent and omitted , in respect that minority and laesion is neither competent by way of Suspension or exception , but by way of Action of Reduction , wherein the Suspender was not oblieged to insist . Iames Pitcairn contra Isobel Edgar . Iune 28. 1665. UMquhil David Edgar by his Contract of Marriage , provided 4000. merks to be payed by him and his Heir of the first Marriage , which failling , any other his Heirs , to the Bairns of the second Marriage . The portion of the Daughters payable at their age of 18. and the Sons at 21. with five merks yearly of annualrent , after his death , for the Childrens subsistence . Isobel one of the Children , having married after her Fathers death , Iames Pitcairn her Husbands Creditor , pursues for the sum , as belonging to the Husband , jure mariti . It was answered , that the sum was Heretable , bearing Annualrent , and the Term of payment of the Annualrent was come before the marriage , and therefore it did not belong to the Husband , jure mariti . It was answered , that it was not properly an Annualrent , but an aliment of five percent , and that the Term of payment of the Annualrent , was after the Act of Parliament 1641. declaring such Bonds moveable : and albeit the Fisk and Relict be there excluded ; yet the jus mariti is not , but is only added by the Act 1661. The Lords found , that seing this Provision bear Annualrent , whether more or less , and that the marriage was after the Term of payment , that it was Heretable , and fell not to the Husband , jure mariti , but only the Annualrents thereof , till his death , albeit there was no Contract of Marriage , nor a Tocher , and that the Husband had after the marriage given some provision to the Wife . Mr. George Norvel contra Margaret Hunter . Iune 29. 1665. MR. George Norvel having Apprized certain Lands , pursued for Mails and Duties against Margaret Hunter Possessor , she compeared , and proponed a Defense , that she stood Infeft in the Lands , by a Right from her Husband before the Appryzing , but for proving thereof , she only produced her Seasine . Which the Lords found not to prove without a Warrant , and therefore Decerned . She Suspends , and now produces her Contract of Marriage , as the Warrant of the Seasine , and offers to make Faith , that she had found it out since the Decreet : And farder alleadged , that through neglect of the Advocats , or Clerks , her Defense was not proponed , no ways acknowledging the quantities libelled , which she offers to prove to be exorbitant . It was answered , first , that praetextu instrumentorum de novo repertorum sententiae non sunt retractandae . 2ly . The Contract produced is not the Warrant of the Seasine , but a Bond granted for Implement of the Contract , and relating to the Seasine . The Lords Reponed the Suspender , as to the circumduction of the Term , she making Faith , &c. and found the Contract of Marriage a sufficient Adminicle , to astruct the Seasine , seing it related to a Bond for the same Cause , but refused to Repone her as to the quantities . Heretors of the Miln of Keithick contra Feuers . Eodem die . THe Heritors of the Miln of Keithick , pursues certain Feuers for abstract Multures , who alleadged absolvitor , because they are Infeft , ab eodem authore , without astriction before the Pursuer . It was replyed the Pursuer is Infeft in this Miln , which is the Miln of the Barony , and per expressum in the Multures of the Lands in question ; and offers to prove , that there is a distinct in-sucken Multure , and out-sucken Multure , and that the Pursuer has been in Possession of the In-sucken Multure , these 40. years bygone , out of thir Lands . Duplyed the Defender offers him to prove , that the Possession has been Interrupted by his going to other Milns frequently , and without any challenge , or Sentence against them : And seing the coming to a Miln is but voluntatis , unless they enacted themselves so to do . And that the Pursuers Infeftment , though expresse , was latent and unknown to the Defender , all that is alleadged cannot infer an astriction . The Lords Repelled the Duply , and thought that going to other Milns sometimes , as is ordinar in all Thirlage , was no sufficient Interruption , if they came ordinarly to this Miln , and payed in-sucken Multure , and therefore found the Reply relevant . Richard Thorntoun contra William Miln . Eodem die . THorntoun as Assigney by Patrick Seaton , having obtained Decreet before the Baillies of Edinburgh , against William Miln , he Suspends and alleadges Compensation , upon a Compt due by the Cedent , and a Ticket subjoyned by him , acknowledging the Compt to be due , subscribed before Witnesses , which must prove against this Assigney . It was answered , that the Ticket wanted a date , and so could not instruct it self to be anterior to the Assignation . It was replyed , that it was offered to be proven by the Witnesses insert , that it was truly subscribed before the Assignation . Which the Lords sustained . Stevenson contra Crawfoord . Iune 30. 1665. STevinson being surrogat Executor dative , ad omissa , and having licence to pursue , insists against Crawford for a Debt of the Defuncts , alleadged omitted forth of the principal Testament . The Defense was , no Process , until the Executor Dative , ad omissa , be Confirmed ; but he cannot insist upon a Licence to pursue , because the principal Executor having made Faith , that the Inventar given up by him , is a full Inventar , any that crave to be Dative , ad omissa , are never admitted , but upon certain knowledge , and so must Confirm , and gets no Licence . The Lords Repelled the Defense , especially seing the Pursuer was a Creditor . Younger contra Iohnstoun . Eodem die . AN Porteous Merchant in Edinburgh , having died Infeft in several Tenements in Edinburgh , above 50. years agoe , his Relict possessing them as Liferenter to this time . Shortly after his Death , one Patrick Porteous was Served nearest and lawful Heir to him , and thereupon Infeft , so that his Right came by progress to Iohnstoun , 40. years after ; Younger takes a Right from one Stephen Porteous , residenter in Polland , and gets him Served nearest Heir to the Defunct , and thereupon raises Reduction of the first Retour , and all the Infeftments following thereupon , Defense absolvitor , because the Defenders Author being Served Heir 40. years before the Pursuers Authors Service . It is prescribed , and likeways being Infeft 40. years since , all quarrel against , the Infeftment is prescribed : For the first Point , they condescend upon the second Act of Parliament , anent Prescription , of the Reduction of Retours , which bears , that if they be not pursued within 20. year , they shall never be quarrellable thereafter . The Lords having considered this case at length , most part thought that the Retour could not prescrive by the first Act of Parliament , because it excepted Minors , and absents out of the Countrey , which they found not to be meaned of Absents , Reipublicae causa , but of any absence , nor that it fell not directly within the second Act , which bears expresly , Retours to have been reduced thereafter , should be only reduceable within twenty year . Others thought the Act might not be extended ; but bearing expresly , to the future , it could not be drawn back , and the Act of Prescription , 1617. meets not this case ; for if under the prescription of Actions , not pursued within fourty year , Serving of Persons to their Predecessors Heirs ; were comprehended , it would impede any Person to Serve themselves Heir to any Defunct , after fourty year , which is yet ordinar , and as to the Infefment , they fand , that it fell not in the Case of the Act of Parliament 1617. because it was not cled with Possession , in respect of the Liferenters life , whose possession behoved to be the possession of the true Heir of her Husband . But the Lords did not decide it , seing the Case was rarely occuring , and Johnstouns Infeftment very old , unquarrelled ; and recomended the parties to agree . Mr. James Nasmith contra Alexander Bower . Iuly 1. 1665. THis being a concluded Cause , a Question arose , upon the Probation ; an accompt being produced between two Merchants , referred to Bowers Oath , that it was his hand writ , and yet resting : he deponed it was his hand writ , but not resting . The question arose , whether he behoved to condescend , and instruct how it was payed ; because , though the accompt written with his hand unsubscribed , was of it self sufficient Probation , the quality was not competent ; but he behoved to prove payment , it being alleadged that Merchants hand writ is sufficient : and that a Note upon the back of a Bond , or foot of a Compt , by the Debitors own hand writ , though not subscribed , has been found probative . The Lords found , that if this had been a current Compt-book , it would have been probative , but having been only some feu scheduls of Paper , found it not probative , without subscription , albeit it was acknowledged by the Oath , to be the deponents hand writ . John Boyd late Baillie in Edinburgh , contra Mr. William Kintore . Iuly 4. 1665. THere being mutual Reductions , betwixt Mr. William Kintore and Iohn Boyd as to the Rights of the Lands of Moutlothian . Iohn Loyd deriving Right from Mr. Robert Logan , to whom Logan of Coatfield , with consent of Mr. Iames Raith , and who , for all Right he had to the Land of Mounlothian , disponed the same . And Mr. William Kintore having Appryzed upon a Decreet against Coatfield , as Cautioner for a Tutor ; and upon the Act of Caution inhibited . It was alleadged for Iohn Boyd , that whereas , by a former Interlocutor the day of he having objected against Kintor's Decreet , that thereby the Tutor , and his Cautioner were found lyable to uplift the Annualrent , of Sums that were in the hands of secure Creditors , which the Tutors had not uplifted , and to be lyable for Annualrent post finitam tutelam : now he produces a Decision , out of Dury , Iuly 18. 1629. Nasmith contra Nasmith , whereby it was found , that a Tutor having uplifted his Pupils Annualrent , though very considerable , was not lyable for any Annualrent therefore . 2ly . The reason of the Lords Decision then being , that albeit the Tutor was not lyable to uplift , and imploy the Annualrent every year , as it was due ; yet he was lyable , once in the Tutory : but it is offered to be proven , that he died two years before the Tutory expired : in which time , he might both have upl●fted this Annualrent , and re-imployed it : and therefore being prevented by death , he ought to be free , both of the Annualrent it self , and of the Annualrent thereof . The Lords having considered the Decision , found it so short , and not to hold forth fully the Case , notwithstanding thereof , they adhered to the former Interlocutor , and found , that Tutors are oblidged to uplift , and once in their Tutory , to re-imploy the Annualrents of the Pupil ; albeit the Debitor were secure , but if the Case had been of Rents of Lands , the Lords thought these ought to have been uplifted yearly , and to be imployed on Annualrent ; but they found the second alleadgance Relevant , not to free the Tutor of payment of the Annualrent it self , though in secure hands , because he ought to have uplifted it , and had it ready , but found him free of the Annualrent thereof , there being a competent time , in which he might have given it forth , before the Pupillarity past , if he had not been prevented by death ; but ordained Kintore to assigne to Boyd the Right of the Annualrent , that he might recover the same from the Debitors . It was further alleadged for Kintore , that Coatfield the common Author , his Disposition to Mr. Robert Logan , Iohn Boyds Author , was after Kintors Authors Inhibition . It was answered , that albeit the Disposition by Coatfield to Mr. Robert Logan be posterior , yet Mr. Iames Raith had a Disposition of the same Lands anterior ; who , by consenting , and joynt Disponing to Mr. Robert Logan , the Lands of Mountlothian ; did in effect constitute him Assigney to his anterior Disposition , which is now accomplished by the Adjudication , adjudging the Right of the Lands from Coatfild● Heirs , and thereupon Infeftment has followed , by precepts out of the Chancellary , for supplying Coatfilds procuratory of Resignation , which took no effect in his life . It was answered , that Mr. Iames Raiths Right being but a Wodset , his consent cannot import the transmitting of his Right , albeit he joyntly Dispond : seing he transmits no part of the Sums in the Wodset ; and therefore does no more in effect , but restrict his Wodset to the remanent Lands : and consents , that Coatfield should Dispone these Lands to Mr. Robert Logan , and so it imports but non repugnantiam , and a Provision that he nor his Successor should not quarrel their Right upon his anterior Right . Which the Lords sustained . Mr. Walter Innes contra George Wilson . Iuly 4. 1665. INnes of Auchbuncart , being pursued as Heir to his Father , upon all the passive Titles alleadged that his Father was denounced Rebel , and his Escheat gifted , and the Defender had Right , or warrand from the Donatar before intenting of this Cause . The Pursuer answered , non relevat , except the Gift had been declared , and that the Defenders Intromission had been after Declarator , and the warrand , but the Intromission being anterior , cannot be purged , ex post facto . The Defender answered , that as the confirmation of an Executor , excluds vitious Intromission , had before the Confirmation ante motam litem : so the Gift and VVarrand , though without Declarator , purges anterior Intromission , ante motam litem . Which the Lords found relevant . Commissar of S. Andrews contra Boussi . Iuly 4. 1665. THe Commissar of St. Andrews having charged Hay of Boussi to Confirm his Fathers Testament , he Suspends , and alleadges his Father had Disponed all his Moveable Goods and Gear to him , and so nihil habuit in bonis , and offered him to prove that he was in possession of the whole Goods before his Death . It was answered , the Disposition was but simulat , in so far as it contained a power to the Disponer , to dispose upon any part of his Moveables , during all the days of his life , and if such a Disposition were sustained , there should never be another Testament confirmed ; and all people would follow this course : which would not only exclude the Quot , but keep the Means of Defuncts in obs●uro . The Lords , in respect of the generality of the Disposition , and the Clause foresaid , repelled the Reason . George Dumbar contra Earl of Dundie . July 5. 1665. GEorge Dumbar having charged the Earl of Dundie as Cautioner for the Laird of Craig to pay 8000 merks of Tochar , provided by Craigs Sisters Contract of Marriage , the Earl of Dundie Suspends on this Reason , that he is but lyable for his half , because they were not bound conjunctly and severally . The Charger answered , that he was bound as Cautioner , and full Debitor , which was sufficient . Which the Lords sustained Mackie contra Stewart . Iuly 5. 1665. JAmes Mackie , as Assigney by Agnes Schaw , conveens Stewart of Mains as as representing his Father , who was Cautioner for imploying a Sum of Money to her in Liferent . It was answered , First , the Contract is prescribed . 2ly . It bears these words that the Tochar being payed : The Principal and Cautioner obligded them to imploy it upon security ; so that the obligation is conditional . And if it be not instructed , that the Tochar was payed , the Defender is not lyable . The Pursuer answered to the first , contra non valentem agere , non currit prescriptio ; she being a VVife cled with a Husband her not pursuing her own Husband , or his Cautioner , cannot prescrive her Right , To the second , The prescription is run against the Husband , and his Cautioner , who were free to have pursued for the Tochar , and did not ; and after 40. years she cannot be put to instruct , that the Tochar was payed , albeit she had been Debitor therefore her self ; much more , when another is Debitor . The Lords found both these replyes relevant . Mr. John Colvil contra The Lord Balmirino . Iuly 6. 1665. MR. Iohn Colvil , as Executor confirmed to Umquhil Mr. Iohn Colvil , Minister at Kirknewtoun , pursues the Lord Balmirino , for the Stipend , the year 1663. and for the profit of the Gleib . The Defender alleadged absolvitor ; because payment is made bona fide to the intrant , before intenting of this Cause . It was answered , it could not be payed bona fide , because the Minister died after Ianuary 1663. VVhich being so notour to my Lord Balmirino , to whom the most of the Paroch belongs ; and he being so near it , he ought to have made payment to no other of that year , which belonged to the Defunct Minister , as his Ann , extending to the whole years , quia annus inchoatus habe●ur pro completo ; as to the Ann : so that if the Minister lived till the first of Ianuary , he has that whole year . The Defender answered , that an Ann is only due to the VVife , and Bairns of the Defunct Minister , and this Minister had none . 2ly . That the point is so dubious in Law , he knew not that it would be his , unless , he had lived till Whitsunday . 3ly . The benefit of the Gleib must be the intrants , and falls not under the Ann , as a part of the Stipend , no more then the Manss . The Lords repelled the Defense , as to the Stipend , and found it belonged to the Executor , as nearest of kin , and that the Defunct surviving the first of January , gave him that whole year , but found that the Gleib did not fall under the Ann nor did belong to the Defunct , but only the Crop thereof ; if it were sowen by himself , before he dyed . Earl of Argyl contra Mcdougalls of Dumolich and Ziner . Iuly 14. 1665. THe Earl of Argyl having raised a double poynding , in name of the Tennents of certain Lands , calling himself , on the one part , and Mcdougals on the other , as both claming right to the Mails and Duties ; Mcdougals produce a Decreet of Parliament , whereby they having pursued the late Marquess of Argyl ; alleadging , that he had obtained the Right and Possession of these by Force , and Oppression during the troubles , whereupon his Rights were reduced , and they restored to their Possession . The Earl of Argyl produced his Seasine , upon the Kings Gift , with two Dispositions of these Lands , granted to his Father , one in Anno 1632. and another in Anno 1639. And thereupon craved to be preferred . Mcdougals produced a disclamation of the Process , in name of the Tennents , and alleadged no Process ; because the Tennents , who were pursuers , past from the pursute . It was answered , that their names was but used , that the Parties might discusse their Rights , and so they could not disclame it , being ordinar to use Tennents names in double poyndings . It was answered , that there was no Reason , that Tennants should be forced to make use of their names , to intervert their Masters Possession . The Lords found , that the Tennants could not disclame ; especially the possession being but late , by Decreet of Parliament , and was contraverse . It was further alleadged for Mcdougals , that there was nothing particularly lybelled , as Rents due by the Tennants ; and therefore there could be no sentence . The Lords repelled the alleadgeance , and found the Sentence might be in general , to be answered , of the Mails and Duties , as is ordinar in Decreets conform . It was further alleadged for Mcdougals , that seing this double poynding was in effect , now used as a Declarator of Right , no Process thereupon ; because in all Declarators , Law allows the Defenders 21 days upon the first Summons , and six on the next , that they may prepare , and produce their Rights ; and here there is but one Summons on 6 days . 2ly . No Process , because Mcdougals being founded upon a Decreet of Parliament ; my Lord Argyl produces no Title , but only a Seasine not expressing these Lands . 3ly . Decreets , especially of Parliament , cannot be taken away , but by Reduction , and not thus summarly . It was answered , that my Lord Argyl insisted here for taking away the pretended Decreet , in Parliament , and restoring the King , and Donatar to the possession of the Lands : so that in effect it is not so much a Declarator of a Right , as a possessory Judgement . And as for the Title , it is sufficient to produce a Siasine , seing in the Decreet of Parliament , My Lord Argyls Right and possession is quarrelled as wrong , and therefore was acknowledged to have been , and seing Mcdougals produces no other Right , and the King's Advocat concurres ; and if need beis , my Lord Argyl offers to prove the Lands in question , are parts and pertinents of the Lordship of Lorn , exprest in his Seasine : and albeit this be pretended to be a Decreet of Parliament , yet by Sentence of Parliament since , it is remitted to the Lords , and is in it self visibly null , as having been intented against my Lord Argyl , and pronounced after his death , and Forefaulture without calling the Kings Officers . The Lords repelled these Defenses , in respect of the replyes . James Mathison contra Harie Gib . Eodem die . JAmes Mathison , having obtained a Decreet before the Commissars of Edinburgh , against Gib , he Suspends , and alleadges it was not a cause consistorial , being a bargain of Victual , and that it was not probable any other ways but by his Oath , now after 12. or 13. years . In respect of the Act of Parliament , anent house Mails , and others , which comprehens this case . The Lords repelled the alleadgeance , and found that bargain of Victual not comprehended under that Act of Parli●ment . James Borthwick contra Janet Skeen Iuly 15. 1665. JAmes Borthwick , being Infeft in the Lands of Oversneip , pursues Reduction , and Removing against Ianet Skeen the Liferentrix . It was alleadged , that the Feer being minor , non tenetur placitare super haereditate paterna , And for the Liferenter , that the minor was oblidged to warrand her Liferent-right , and her Possession was the minors Possession ; so that if her Right were reduced , and she removed , the priviledge of the minor were altogether overthrown . It was answered , That the priviledge was personal , and stricti juris , and was to be extended to Majors ; and as for the warrandice , it was never sustained as a ground , to exclude a Reduction , because warrandice would be inferred against a Minor , which is but a personal obligement , and not haereditas . The Lords repelled the alleadgance for the Liferenter . Who alleadged further , that her Right being Reduced , the Fee was absolute in the person of the Minor , who would not suffer the Liferentrix to be removed , but she did possesse by the Minors tollerance . It was answered , that the Pursuers Reduction , behoved to accresce to him and his Right , and not to the Minors Right , that he behoved to enter to the Liferenters possession , which would not prejudge the Minor ; for if the Liferenter dyed during the Minors Minoritie , he might return to the possession in the same way , as if the Liferenter were in possession ; but as for the tollerance , now the Liferenter having entered by the Liferent Right , and it being reduced in favours of the Pursuer , as the Minor could not thereby attain possession ; so neither can he give tollerance to defend the Liferenter . The Lords repelled also this second Defense . Patrick Urquhart contra Thomas Blair . Eodem die . PAtrick Vrquhart having charged Thomas Blair , upon a Bond granted by him and William Young , as co-principalls , Thomas Blair Suspends , and alleadges , that William Young has payed the whole . It was answered , that this was not instructed , and therefore not receivable , being in a Suspension : It was answered , that though in a Suspension , yet a terme is always granted , where it is another mans Right . It was answered , that the Suspender is in hazard of breaking , and has not found a good sufficient Cautioner , and therefore if he get delay , he ought to give better Caution : It was answered , that he had found Caution who was accepted , and he was oblidged to do no more . The Lords ordained him to make faith de calumnia upon the Reason , but would not put him to find new Caution . Robert Scot contra Silvertounhill . Eodem die . RObert Scot pursuing a Poynding of the Ground , for an Annualrent , Silvertounhill compeared , and alleadged possession , by vertue of a prior Annualrent , and that the Pursuers Infeftment was base , not cled with Possession . For proving Possession , Robert Scot produced discharges granted by the Annualrenter to the Hetetor for the time , for himself , and in name of the Tenents , which had Witnesses , But designed not the Writers name , and being alleadged to be null for want thereof . The Lords ordained Scot to condescend upon the writer of the discharge in respect the Annualrent did extend to 80. lib. and it did prefer one Annualrent to another . Johnstoun of Scheens contra Alexander Brown Eodem die . JOhnstoun being pursued to remove from certain Lands . It was alleadged , no Process ; because all Parties having interest , were not called , viz. The Defenders wife , in respect he possest , but by her Right jure mariti , and she was not warned . Which the Lords found relevant . Mr. Thomas Johnstoun contra Mcgregor . Iuly 19. 1665. MR. Thomas Iohnstoun having obtained the Gift of Bastardie of one Mcgregor , and declared in general ; insists now , in his special Declarator against Patrick Mcgregor , for 2000 merks belonging to the Bastard . It was alleadged absolvitor ; because there was a Gift granted in the Usurpers time , and declared , whereupon the Defender had transacted with the Donatar , and satisfied him , and obtained his discharge . It was answered , non relevat , because in the Act of Parliament , confirming Judicial Precedor , under the Usurpers , Gifts of Bastardry , and all following thereupon , are excepted : so that the Defender , had no Defense in the point of Right , and as for his bona fides , it only relevant for what was truly payed , but not for what was in his hand . The Lords repelled the Defense , in respect of the Reply . Mr. James Winerham conra Lady Idingtoun . Iuly 19. 1665. MR. Iames Winerham pursues the Lady Idingtoun personally , for Feu-Duties out of certain Lands Liferented by her . It was answered , non relevat , for any years before the Ladies possession , because Feu Duties may be Pursued , either really , by poynding of the Ground , or personally , against the Intrometters with their profits ; and because the Feu-duties are as the yearly Rent ; yet that cannot be extended further , than during the years the Possessors intrometted . The Pursuer answered , that the whole profits being lyable , for the whole Feu-duties , whether of that , or preceeding years , the Lady was lyable , not only for the years of her possession , but for bygones . The Lords repelled the alleadgeance , and found the Lady lyable personally , only for the years of her possession . Ryce Gum contra Mckewn . Eodem die . RYce Gum having obtained Decreet before the Baillies of the Cannongate , against Mckewn , to repone him to an Assignation , he Suspends , on this Reason , that the Decreet was null , wanting Probation , proceeding only upon the alleadged judicial confession of the Suspender , without proponing any defense , acknowledging the Lybel , and succumbing in the Defense but simply confessing the Lybel , which cannot prove against him , being under the hand of an Clerk of an Inferiour Court only , without the Suspenders subscription or oath . Which the Lords found relevant . Mr. Robert Dickson contra Mr. Mark Ker. Iuly 21 1665. THere being a competition betwixt Mr. Robert Dickson , and Mr. Mark Ker , as both having the Gift of the Escheat of Hoom of Garden both past the Seal in one day ; Mr. Robert Dickson had past in Exchequer long before , and his Summons was raised two dayes before his Gift was Sealed , and so was not a Regular Diligence . He alleadges , Mr. Mark Kers was more irregular , because , being a Declarator , his Summons was not upon 21. days . It was answered , the Summons was priviledged . It was Replyed , that the priviledge was granted periculo petentis upon a common Bill , which passes without observation . The Lords considering , that their Gifts were both past in one day , and that there diligence was so near , conjoyned the Gift , and declared them joyntly . Spreul contra Miller . Eodem die . BArbara Miller having left two Legaces , and named William Wilson her Executor , and universal Legatar , he nominats his Wife , and one Giffin his Executors ; Spreul having right to the two Legacies , pursues the Relict , and Executors of Wilson , who was Executor to Barbara Miller , for payment of the Legacies . He alleadges absolvitor , because the first Testament was not Execute . 2ly . The special Legacies must be abated proportionally with the general Legacies : The Lords repelled both the Defenses , and found the general Legacie not to come in pari passu with the special , and found that the Executor of the Executor was lyable , unless he could alleadge , that the first Executor had done diligence , and had not recovered , or was exhausted . Laird of Ludquharn contra Laird of Gight . Iuly 21. 1665. THe Laird of Gight having Married Ludquharns Daughter , who remained in her Fathers Family , and brought forth a Bairn to Gight , and dyed ; Ludquharn , the Childs Guid-sir keeped her in his Family several years , and now pursues Gight for her Aliment , who alleadged absovitor , because the Pursuer never having required a promise of this Aliment , nor desired the Defender to take home his Daughter , It must be presumed , that the Pursuer did it animo donandi , for his own Oye . The Lords found this Defense relevant , for all years preceeding the intenting of this Cause . Thomas Rew contra Viscount of Stormont . Iuly 22. 1665. THomas Rew pursues a Reduction of a Decreet obtained by the Viscount of Stormont , who alleadged no Process , because the Citation was not within year and day of the Summons , the warrant thereof , which bears , to cite the Defenders to compear the day of next to come . The Lords found the Defense relevant . Johnstoun contra Tennents of Achincorse . Eodem die . JOhnstoun having Appryzed the Lands of Achincorse , and charged the Lord Dumfries his Superiour , to receive him , pursues the Tennents thereof for Mails and Duties . Compearance is made for the Lord Dumfries , Superiour , who alleadged no Process , till a years Rent were payed to him , as Superiour . 2ly , It is offered to be proven that Achincorse the Vassal was in nonentrie , or the Liferent Escheat fallen by his Rebellion , and therefore the Superiour ought to be preferred . The Pursuer answered to the first , that seing it was the Superiours fault , he received not him upon the charge , albeit he offered to receive him now , he could not have a years Rent , till the Pursuer insisted to be infeft . To the second , the Defense ought to be Repelled , seing there was no Declarator intentit . The Defender answered , that seing he was to change his Vassal , and the Appryzer sought possession , before he had access , he behoved to pay the years Rent , seing by the Appryzing , and the charge , the Superiour will be excluded from his Casualities : To the second , the Superiour being acknowledged by the charge he might crave the Casualities of the Superiority , by way of competition , and offered to produce the Horning , cum processu . The Lords sustained the first Defense , but not the second , seing there was no Horning produced , nor Declarator intentit . Janet Brotherstones contra Ogil and Orrocks . Iuly 26. 1665. JAnet Brotherstones , by her Contract of Marriage , declaring , that she had in Money , Bonds and Goods 4000 merks , is provided to all the conquest , and to the Liferent of the whole Means and Moveables , she pursues her Husbands Heirs , for implement , who alleadged absolvitor , because she has not fulfilled her part of the Contract and instructs not that she delivered to her Husband 4000. merks in worth or wair . It was answered , it must be presumed , that she has done it after so long time , seing all she had came in the Possession of her Husband . The Lords found the presumption not sufficient , but before answer , ordained the pursuer to condescend by Witnesses , or otherwise , how she would prove , that she had that means the time of the Marriage , and ordained these to be examined ex officio . Thomas Kennedie of Kirkhill contra Agnew of Lochnaw . Iuly 27. 1665. KEnnedie of Kirkhill , as Assigney by Thomas Hay of Park , to a Bond of 1000 lib. granted by Andrew Agnew younger of Lochnaw , charges him thereupon , who Suspends , and raises Reduction on this Reason , that the Bond was granted at the time of his Contract of Marriage , clandestinelie , without the knowledge of his Father , who was Contracter , contra pacta dotalia , & contra bonos more 's . The Defender answered , that he having given a very great Tochar , viz. 10000. lib. above his Estate , which is all payed to his Good Sons Father , he did declare , that he was not able to give so much , and thereupon he got this Bond , not to have Execution , till after his death , which he might lawfully do , having given a Tochar suitable to the condition of the Receiver , and above the condition of the Giver . The Lords repelled the Reason , in respect of the Answer . This was thereafter stopt to be further heard . Lilias Hamiltoun contra Her Tennents . Eodem die . LIlias Hamiltoun being Infeft by her Husband , in Liferent , pursues her Tennents ; compearance is made for their present Master , who alleadged , that her Husbands Right was only a Wodset granted by him ; and that he had used an Order , and had Redeemed the Wodset , and payed the money to the Pursuers Husband : and neither knew , nor was oblidged to know the Pursuers base Infeftment from her Husband , the Wodsetter , which had never any other Possession , but the Husbands . It was answered , that the Pursuers Seasine being Registrate , he was oblidged to know the same , as well as if it had been an Inhibition , especially , seing there was no Process of Declarator , in which case , all Parties having intress , should have been called at the Mercat Cross , but a voluntar Redemption ; albeit upon an Order . The Lords sustained the Defense , notwithstanding of the Reply . Adam Rae contra Heretors of Clackmannan . Eodem die . UMquhile Colonel Rae , having advanced Victual to the Armie , at Leith in Anno 1650. And gotten an Assignation to the Maintenance of August and September , from Sir Iohn Smith , then General Commissar , in satisfaction thereof , pursues the Heretors of Clackmannan , for their proportions who alleadged , that by their quartering of the Kings Armie , their whole Rents Anno 1650. was exhausted . It was answered , that it was not our that the exhausting , was after the Battel of Dumbar , which was upon the third of September , 1650. And so could not extend to the maintenance of August and September , which was Assigned before , for so onerous a cause . The Lords repelled the Defense , in respect of the Reply . Captain Muire contra Frazer . Iuly 27. 1665. CAptain Muir , having obtained Decreet against the Heir of Colonel Hugh Frazer for 1000 merks , before the Commissioners , in Anno 1658. Charges thereupon . They Suspend , and raise Reduction , on this Reason ; that the Decreet was null without probation , proceeding only upon a Copy , of an obligation alleadged taken out of the Register , by one William Baily , who keeped the same at London , which could not prove , not being under the hand of the Clerk Register , or his Deputes , which being proponed in the Decreet , was unjustly repelled . The Pursuer answered , First , There was no review raised within a year , conform to the Act of Parliament , and so the Decreet was not quarrellable upon iniquity , 2ly . Bailies Oath was taken by Commission , that the Extract was subscribed by him . 3ly . The Defender proponed a Defense of payment , and so acknowledged the Debt Debt . It was answered , that the Suspenders were , and are minors ; and in the Act of Parliament , there is an exception of Minors , that they may Reduce these Decreets within a year after their Majority . 2ly . They ought to be reponed against their proponing of payment , being Minors , and as to Bailies Oath , neither his Subscription , nor Oath can make a probative Extract ; unless the new Extract were now produced ; seing the Registers are returned . The Chargers answered , that if the Suspender would alleadge , that any Book of the Register containing , Writs Registrat about the time of this Extract , were extant , and returned relevat : but it is known , that several of the Books are lost , and this amongst the rest . The Lords would not sustain the Decreet upon Bailies extract , simplie neither did they put the Charger to the proving of a tenor , but allowed the charger to condescend upon the way of his Instruction , that such a Bond was truly subscribed by the Witnesses , insent , or otherwayes , and ordained the Witnesses to be examined . Adam Rae contra Heritors of Clackmannan . Iuly 28. 1665. IN the Cause of Adam Rae mentioned yesterday , some of the Heretors alleadged absolvitor ; because they were singular Successors , and by the Act of Parliament , for the Old Maintenance , Singular Successors were excepted . The Lords repelled this alleadgeance , and found , that exception only to be extended to the maintenance contained in that Act. Bessie Scot contra Somervail . Eodem die . BEssie Scot having charged Somervail , who was Cautioner in an Suspension , for payment of an Sum of Money contained in a Bond Suspended . He Suspends on this Reason ; That the Money was consigned in the hands of Mr. George Gibson , Clerk to the Bills , for the time . It was answered , that Mr. George Gibson was now out of Office , and insolvent , and the Consignation behoved to be upon the peril of the Consigner . It was answered , that the the Consignation must be upon the peril of that Partie , who was the cause of Consignation , and that was the Charger ; in so far as it was instructed by an Instrument produced , that the Suspender offered the Annualrent , and so much of the Penaltie as the Charger would have Declared upon her Oath , that she had truely payed , which she refused , unless the whole Penaltie were payed , whereupon he consigned , through her Fault . The Lords sustained the Reason , and ordained the Noltar , and Witnesses to depon upon the Truth of the Instrument , for Instructing thereof . Dowglas contra Cowan and Russel . Iuly 29. 1665. PEter Russel , by his Ticket , acknowledged him to have received a certain Quantity of Wine , and oblidged him to make payment thereof , according to the Condition agreed upon , Dowglas being Assigned to the Ticket , insists for the ordinary Price of Wine . It was alleadged no Process , for the ordinar price of Wine , but only for the price agreed on , which behoved to be condescended on , and proven by the Debitors Oath , being above an hundred pounds . It was answered , that , seing these Conditions were not adjected ; the ordinary price was to be understood , unless it were proven by the Debitor , what they were , &c. that they differred from the common Price . The Lords found , that the Debitor , by his Ticket , behoved to condescend on the Conditions , qui potuit legem apertius dicere , and not the Pursuer ; but they found Witnesses might prove the condition . Heretors of Don contra Town of Aberdeen . Eodem die . THis day Report being made , concerning the Cruives of Don. The Lords found , that there was no necessity to keep alwayes open a mid-stream , notwithstanding , the several Acts of Parliament made thereanent ; which upon enquiry through the Kingdom , they found to be in desuetude , and especially in these Cruives , to be made past memory , with Saturndayes stop only , and ordained the distance of the Hecks to be three Inch Scots measure , whereof 27. make an Elle , vide supra . Lady Knapeirn contra Sir Robert Farquhuar November 9. 1665. SIr Robert Farquhar , being Infeft in certain Lands , by the Laird of Knapeirn , with his Ladies consent , pursues the Tennents , and obtains Decreet for Mails and Duties . The Lady pursues Reduction , on these Reasons , that she stood Infeft , and in possession eleven years after her Husbands death , bona fide , without any persuit ; and so being in judicio possessorio , she was tuta re●●ptione . It was answered , that the benefit of a possessorie Judgement was never granted to any partie , in prejudice of these to whom that Party had Disponed , or consented to a Disposition , which includes an Obligation to possesse them ; nor can they be in bona fide contrair their own consent , and deed , to possesse . The Lords repelled the Defense , in respect of the Reply . It was further alleadged , that Sir Robert , by a Declarator produced , had acknowledged nothing of that Wodset due , but what was contained in a fitted accompt written by him , and subscribed by both Parties , which did innovat the Wodset , and Sir Robert could have no Right thereby , but by this Compt , which only could touch the Husband . Secondly , Albeit the Wodset did stand , in so far as the Compt extends , yet Sir Robert ought to have no benefit by the Wodset , till he produce the Accompt . It was answered , that the Accompt was never in his custodie , but given to Knaperin , in whose favours it was introduced ; and seing it was clear , that his Wodset was not extinct , but restricted , the Pursuer behoved to condescend in quantum , and to prove it , alliganti incumbit probatio . The Lords ordained , and appointed Sir Roberts Oath to be taken , before answer on his having the compt , and yet they sound , that he ought to produce 〈◊〉 , but the Interlocutor was stopt the next day . Teilzifeir contra Geddes . November 11. 1665. MArion Geddes , having granted to Samuel Veatch , a blank Bond of 2000. merks , Tailzifer being Creditor to Samuel Veatch ; Arrests all Sums in her hand , owing to Samuel : she depones , that she was no wayes Debitor to Samuel , but by a Bond given Blank , in the Creditors name , and that she knew not whose name is filled up therein : compearance is made for whose name is filled up in the Bond , and he alleadges , he ought to be preferred to the Arrester , because he offers him to prove his name was filled up in the Bond , and that before the Arrestment , the Bond was Registrate in his name , and that before the said Marion deponed , he had used Inhibition thereupon , which she could not but have known . It was answered , for the Arrester , that he ought to be preferred , because , albeit the Bond was blank ab initio , yet in rei veritate Samuel Veatch was Creditor , and so he behoved to be Legaily denuded , which could not be done by filling up any other persons name , without intimation thereof , made to the Debitor ; for seing a Direct Assignation was not valid , without an Intimation , much less should this indirect way by the Creditors filling up another name than his own in the Blank ; which is in effect an Assignation : And seing the Lords have already found , that the Debitor acknowledging , that he gave a blank Bond to any person , and knows not whose name is filled up in it , is lyable to any Arrester , albeit he be under hazard to pay again to that person who has his Bord : in justice it followeth , that such Bonds must be intimat , otherwayes it will unavoidably infer double payment . It was answered , that the Law requires Intimation to Assignation as a necessary Solemnity , but has not required the same to the filling up of a Blank-bond , the case whereof is not alike with an Assignation , because , where the Bond is blank , the Debitor cannot pay any thing bona fide , safely till he see the Bond filled up ; but where he knows the name filled up , he may pay bona fide to the Cedent , not knowing of the Assignation . It was answered , that the Law did require to all Assignations , Intimation , but the Case of Blank-bonds was but a late invention , to defraud Creditors , that it might not be known who was Creditor : but seing it is truly an Assignation it deserves no favour more than a Direct Assignation ; and so should have as much Solemnity . The Lords preferred the Arrester , but because the Case was a leading Case , and new , after a second Interl●cutor adhering , they allowed the Advocats to offer by B●ll any new Reasons , and particularly , if it could be alleadged , that the Debitor granter of the Blank-bond , had before the Arrestment , seen the Blank-bond filled up , and so had deponed , or could depone , that the time of the Arrestment the Debitor saw himself to be Debitor to another person , filled up in the Blank , than he for whose Debt it was Arrested , for in that Case , as the first Creditor that got the Blank-bond might have caused his Debitor retire that Bond , and give a new one , before any Arrestment , so the showing of the filling up of the Blank was equivalent , especially , if the Debt could be proven no otherwayes but by the De●●tors Oath . This Case was not debated , nor was the hazard considered , that the Debitors Oath might prefer one Partie to another ; nor was the case alike to a renewed Bond : because a renewed Bond would bear a new date , and different Witnesses , that saw the new Creditors name filled up , and would not depend upon the single Testimony of the Debitor . Barbara Skeen , and Mr. David Thors contra Sir Andrew Ramsay . November 14. 1665. BArbara Skeen being provided by her Contract of Marriage with Umquhile David Ramsay , to 18 Chalders of Victual , or 1800 merks , her Husband having acquired the Lands of Grange Muire , worth 10 Chalders of Victnal ; she pursues Sir Andrew Ramsay , as Heir to his Brother , to make her up the superplus . The Defender alleadged absolvitor ; because he offered him to prove , that the said Barbara stood Infeft in the Lands of Grange Muire , upon a Bond granted by her Husband , which Bond bears : In full satisfaction of the Contract of Marriage , by Vertue of which Infeftment , she having no other Right , she had possest five or six years after her Husbands death , and thereby had accepted that Right , and had Homologat the same . It was replyed , that the Bond being a Deed of the Husbands a Clause foisted thereinto , so far to the detrement of his Wife , and the Infeftment not being taken by her , but by an Acturney , her possession cannot import Homologation thereof , because Homologation being a Ta●ite , consent is not inferred , but where the Homologator cannot but know the Right Homologat , and can do the Deeds of Homologation no otherwayes , but by vertue of that Right , neither of which holds here , because the personal oblidgement in the Contract , was a ground for the Wife to have continued her Husbands possession , and would have excluded his Heirs , if they had quarrelled ; and not only the Clause must be presumed to be without the Womans knowledge , but the Bond it self , and the Infeftment especially , considering the simplicity of Wives , and their confidence in their Husbands , who , if this were sustained , would easily deceive them . It was duplyed for the Defender , that he offers him to prove , that the Pursuer did not continue her husbands possession , but did begin Possession , her Husband being never in possession before his death , and that she set two several Tacks , expresly as Liferenter , and the third , with consent of Mr. David Thors her Husband being an Advocat ; and so she cannot be presumed to have been ignorant , but on the contraire she must bepresumed to have known the Right , and could never denominat her self Liferentrix , by a personal oblidgement , to Infeft her in so much Victual and Money , without mentioning any Land in particular , and her acceptance , though to her detriment , may be the more easily presumed , because she had two Children surviving her Husband , in whose favour the Restriction did accresce , and her Husband did secure her in all that he had , but now ex post facto , the Children being dead , she could not return upon Sir Andrew , her Husbands Brother , contrare to her Homologation . The Lords sustained the Defense , and Duply ; for they thought , albeit ignorance might be presumed in a Wife , de recente & intra annum luctus , yet she having continued for so many years , and doing so many deeds , expresly as Liferenter , and that the Bond was not clandistinely , lying by her Husband , but in a third Parties hand , who had taken the Infeftment , they thought , in that case , ignorance was not to be presumed , but knowledge . Wat contra Russel . November 16. 1665. JEan Wat being provided by her Contract of Marriage to certain Lands , and Infeft therein ; the Contract contains this Clause , that she shall Aliment , the Bairns of the Marriage , after the Fathers death , and in case she marrie again , she shall restrict her self to six hundred merks , and the superplus shal remain to the Bairns , for their Aliment : hereupon she pursues Robert Russel , and the other Tennents , for the Mails and Duties of the hail Liferent Lands , who alleadged . 1. That she was restricted to six hundred merks , and could crave no more , especially now being married to a second Husband : compearance was also made , for the only Child of the Marriage , who claimed the benefit of the superplus , by vertue of the Clause in the Contract . It was alleadged further for the Defenders , that they were Creditors to the Husband , before the Contract of Marriage : and in their Tacks , had a Clause , bearing ; That they should retain their Tack duties , while they were payed : and upon their Bonds , they had also Apprized from the Child , as lawfully charged to enter Heir , all Right he had to the Lands So that if the superplus belong to the Child proprio jure , it now belonged to the Defenders , as appryzers . They had also raised Reduction of the Clause of the Contract , in favours of the Children , as being granted by a Father in favours of his own Children , after Contracting of their Debt , and so was fraudulent , and Reduceable , by the Act of Parliament , 1621. Against Bankerupts . It was answered , for the Child , that as for the Appryzing , and Decreet against him , as charged to enter Heir , he had Suspended , and raised Reduction , and craved to be reponed ; and produced a Renounciation , offering to renounce all Right he could succeed to , as Heir to his Father , but prejudice of this Aliment , which belonged to him proprio jure , as a Restriction granted to him , by his Mother ; and as to the Reason of Reduction , upon the Act of Parliament . There was here neither Fault nor Fraud , their being no Law to hinder a Husband to give his Wife what Joynture he pleased ; which was never compted in defraud of prior Creditors , nor is their any Restriction , or proportion thereof , but as the Parties agree , which is always sustained in favorem dotium & matrimonij , and the Wife might take what Liferent the Husband was pleased to give her , there was nothing to make her to restrict her self in favours of her Children , for an aliment with restriction , is no Deed of the Father , but of the Mother . It was answered for the Defenders , that the reason of Reduction stood relevant , seing in this case there was manifest Fraud , in so far as this Liferent was exorbitant , and unproportionable to the Fathers Estate , whose hail Lands being only worth 1000. merks , and having nothing but the Tocher , which was 6000. merks , he Infefts his Wife in the hail , and yet restricted her to 600. merks , and provided the rest to his Children ; and albeit it appears to flow from the Mother , yet that is but dolose , and in effect it flows from the Father . 2. Seing the superplus was appointed to be an Aliment to the hail Children , seing there is but one , it ought to be modified , and what remained above the 600. merks , and a competent Aliment , to belong to the Creditors . The Lords found that the Childs Renunciation should repone him● and found that if the Provision had been Exorbitant , it might have been counted as fraudulent , but they found it not exorbitant , seing the Land was offered to the Defenders for 900. merks , and there was 200. merks thereof Liferented by another Woman , so that there r●mained but 100. merks for the Child , and therefore Repelled the Defenses , and Decerned . VVilliam Dickson contra Iohn Hoom. Eodem die . WIlliam Dickson having charged Iohn Hoom , upon a Bond of 37. Pounds Scots : He suspends , and offers to improve the Bond as not subscribed by him , but another Iohn Hoom. It was answered , Improbation was not receivable , but in a Reduction , or where the original Writ was produced : But this Bond was Registrate in an Inferiour Court , and the Charger was not oblieged to produce , nor was the Clerk called . The Lords in respect the matter was of small importance , admitted the Reason of Improbation , the Suspender Consigning principal Sum and Annualrent , and declared they would modifie a great Penalty , in case he succumbed , and ordained Letters to be direct against the Clerk of the inferiour Court , to produce the principal . Howison contra Cockburn . November 17. 1665. THe Executors of David Howison pursue Iames Cockburn , for the price of several ells of Cloath , which the said Iames , by his Ticket produced , granted him to have received , in name , and for the use of the Laird of Langtoun , his Master . It was alleadged absolvitor , because by the Ticket , the Defender is not oblieged to pay the Cloath , and doth only act in name of his Master , and therefore the Merchant ought to have called for the Accompt from his Master , within three years , which he has not done till many years , long after his Masters death . It was replyed , that the Ticket must obliege him , at least , docere demandato , for his doing in name of his Master , could not obliege his Master , so that if he be not so oblieged , the Merchant loses his Debt , and no body is oblieged . It was answered , that he who Acts with any Mandatar , should know his Commission , and if he does not know it , it is upon his own hazard ; but if the Mandatar Act not in his own name but his Masters , he does not obliege himself ; and if Servants who receive in their Masters name , should be thus oblieged to shew their warrand , it would be of very evil consequence , seing their Receipt can be proven by Witnesses , within three years , and their Warrand would not be so probable . The Lords found that post tantum tempus , the Defender was not oblieged to instruct his warrand , but the same was presumed to have been known to the Merchant , unless it be proven by the Defenders Oath , that he acted without a warrand , or that he did not apply the Cloath to his Masters use . Baxters in the Canongate November 21. 1665. THere being a Contract betwixt two Baxters in the Canongate , to make use of an Oven , still keeped hot for both their uses , the one pursues the other , as desisting , and obtained Decreet before the Baillies of the Canongate for 36. Pounds of Damnage , which being Suspended . It was alleadged ipso jure null , as having compearance , mentioning Defenses , Replys , &c. And yet expressing none , but refers the Defenders Action to the Pursuers Probation by Witnesses , who now offered to prove positive , that he continued in doing his part . The Lords would not sustain this visible Nullity , without Reduction , though in re minina , inter pauperes , for preserving of Form. Laurence Scot. contra David Boswel of Auchinleck . November 22. 1665. UMquhil David Boswel of Auchinleck , being Debitor to Laurence Scot in 1000. pounds by Bond : He pursues his Daughters , as Heirs of line , and David Boswel now of Auchinleck , his Brothers Son , as Heir-mail , or at least lucrative Successor , by accepting a Disposition of Lands from the Defunct , which were provided to Heirs-mail , and so being alioqui successurus . It was alleadged for the said David , no Process against him , till the Heirs of Line were first discu●● . It was Replyed , and offered to be proven , that he was oblieged to relieve the Heirs of Line . Which the Lords found Relevant . It was further alleadged for the Defender , that he could not be conveened as lucrative Successor , by the foresaid Disposition , because the time of the Disposition he was not alioqui successurus , in respect that his Father was living . It was answered , that albeit he was not immediat Successor , yet being the mediat Successor , the Disposition was precep●●o haereditatis , and the Lords had already found , that a Disposition to an Oye , made him Lucrative Successor , albeit his Father who was immediat appearand Heir was living . The Lords sustained not the Lylel upon that member , for they found it was not alike , to Dispone to a Brother , as to a Son or a Brothers-son , as to an Oye , because a Brother is not appearand Heir , nor alioqui successurus , seing the Disponer , has haeredes propinquiores in spe ; and therefore cannot be presumed to have Disponed to his Brother , or Brother Son , in fraud of his Creditors , seing that by that Disposition , he does also prejudge his own Son , if he should have one , and this 〈◊〉 prejudice to the Pursuer , to Reduce the Disposition upon the Act of Parliament , as accords . Mr. Iames Campbel contra Doctor Beaton . November 23. 1665. DOctor Beaton being Infeft in certain Lands , Wodset by the Laird of Balgillo , does thereafter by a minute , take an absolute Disposition thereof , for a price exprest in the Minute , whereupon Mr. Iames Campbel arrests in Doctor Beatons hands , all Sums due by him to Balgillo , for payment of a Debt due by Magillo to Mr. Iames , and likewise Iuhibits Bagillo , after which there is a Tripartite Contract , betwixt Bagillo on the first part ; the Doctor on the second , and Iohn Smith who bought the Lands ; on the third , the Doctor and Bagillo Dispone with mutual consent , and the Doctor particularly assigns the Minute to Smith , Bagil●o Renounces the Minute , as to the price ; and Smith is oblieged to pay the Wodset to the Doctor ; the Debitor being before conveened , for making arrested Goods forthcoming , and having Deponed that he was owing no Sums to Bagillo , the time of the arrestment , but by the Minute , which was an Inchoat Bargain , never perfected , but was past from thereafter , and that he was not Disponer to Smith , but only consenter , whereupon he was assoilzied ; But Mr. Iames Campbel , having now found the Tripartite Contract , pursues the Doctor again thereupon , & super dolo , that by passing from the Bargain , and yet assigning the Minute , and not destroying it , he had dolose evacuate Mr. Iames Inhibition and Arrestment , seing Smith would defend himself against the Inhibition upon the Minute , which was anterior to the Inhibition , Disponing the Land. It was alleadged for the Doctor , that he was tutus exceptione rei judicatae , because he was already assoilzed , having Deponed upon the Arrestment , and the Pursuer could not make use of any Writ in that which he had referred to the Defenders Oath . 2. Albeit the matter were intire , there was nothing to enforce him to perfeit a minute of the sale of Lands , but that he might pass from it before it was extended , or might assign it to any other , which could import no Fraud , seing he was not oblieged to know , or cannot be presumed , that he knew the Inhibition , used against Bagillo . The Pursuer answered , that for the Defenders Oath , he did not now insist upon it , nor did the Writ produced contradict it , for when a Party Depones upon the Tenor of a Writwhich is not his own Writ , it can but be understood according to his memory ; but if thereafter by the Writ it self , it do appear to be otherways , it does not infer Perjury , nor can it justly exclude the Pursuer , to make use of that Writ . 2ly . There is not only a different matter of Probation here , but a different medium from the former Process , viz. damnum & dolus , at least lata culpa dolo aequiparata , in so far as the Doctor did assign the Minute , and exclude the Pursuers Inhibition , which is the more clear , that in the said Contract the Doctor secures himself by Bagilloes obliegement , to warrand the Doctor from any hazard , by assigning the Minute , ubi nimia cautio arguit dolum ; neither can the Defender pretend ignorance , not only by the Publication , and Registration of the Inhibition , but upon that very Inhibition , the arrestment being execute against the Doctor . The Lords having Read and Considered the Triparti●e ●ontract , they found that after the Arrestment was laid on , the pri●e of the Land was affected , and no Discharge nor Renunciation by the Debitor , could take the price Arrested away from the Arrester ; and therefore found the Lybel Relevant , and proven by the Tripartile Contract , produced and decerned , notwithstanding of the former Alsolvitor upon the Doctors Oath . Bishop of the Isles contra The Fishers of Greenock , Novemb. 24. 1665. THe Bishop of the Isles , as being presented by His Majesty to the Bishoprick of the Isles , and whole Teinds , Rents , and Emoluments thereof , and as thereby having Right to the great Teind of all Fish , taken in , and about the Isles of Scotland ; Pursues the Fishers of Greenock , for the Teind of Cod and Ling , taken by them , about the Isles of Arran , Bute and Ilsey ; but insists only for these taken between Arran and Ilsey , or Boot ; and not between these and the Shore , and insists against the Fishers of Greenock , as Fishing in that Bounds : The Defenders alleadged , 1. Absolvitor , because the Bishops Right buire expresly , according as his Predecessors had been in Possession , and it was not libelled , nor could it be proven , that ever the Bishop of the Isles was in Possession of the Teind of any Fish● taken by the Inhabitants of the main Land , albeit taken in the place libelled . 2ly . Albeit that Clause were not insert ; yet all Teinds of their own Nature , and by the Custom of this Kingdom , are Local and Consuetudinar , and so can be craved out of no place , or for no particular , unless they had been accustomed to be payed of these particulars by that place , as in some places Teinds are payed , not only of Stirk and Lamb , Wool and Milk , but of Staigs , Swine , Hemp , Lint , Eggs ; and some places of Fruit , and in other places● of none of these , and that within the same Parochs : And therefore , unless it were Libelled , that Teinds had been accustomed to be payed in this place , they are not due . 3ly . Albeit a Teind here were due of Fish , it could not be due to the Bishop of the Isles , because such Teinds being personal , and not predial , follow the Residence of the Takers , and not the place where they are taken ; especially being taken , not in any Bay or Creik of the Isles , but in mari libero , several myles from any Isle , except Ilsey , which is no Island , but a Rock inhabited by no body . 4ly . The Defenders offer them to prove , that they and others upon that Shore of the main-land , has been in Possession 40. years , of a constant fishing of Cod and Ling , in that place , free from all payment of Teinds to the Bishop of the Isles , paying only two merks yearly , to the Tacks-men of the Viccarage of Greenock , granted in Tacks by the Ministers of Greenock . The Pur●uer answered , that the Clause in his Charter was in his favour , and is to extend the same to all his Predecessors Possest , bearing as amply , &c. and that for the Possession , it was sufficient that which he had condescended , viz. that he offered him to prove , that through all his Diocie , the small Teind of Fish belonged to the Ministers as Viccars , but the great Teind of Killing , Ling and Herring , belonged to the Bishop● and was possest by him and his Predecessors , past memory , but he needs not alleadge , that he possest in every several place , where Fish happen to swim ; but possessing generally about the Isles , not only as to the Inhabitants of the Isles , being in his Diocie ; but also being taken by the Inhabitants of the Main-land throughout the Kingdom . And as in a Barony , Possession of a part , will be sufficient for the whole ; so it must be in this Benefice , especially seing it is but of late that there was any considerable Fishing in the place in question , and there was no reason , if Herring and other Fish , change the Lochs where they are ordinarly found , that because there was never Herring Teinded in that Loch , therefore there was none due there . The Lords found the Defense Relevant , viz. that the Defenders , and others upon the Main-land thereabout● had been in immemorial Possession , in the place in question , of Cod and Ling , free from paying any Teind to the Bishops of the Isles ; But the Lords would not sustain less then immemorial Possession of the freedom , in respect of the time the Bishops had been out , nor did they determine the Right of the Ministers of Greenock , whether they had Right to the hail Viccarage , or that , as a small duty , but reserved that to them as accords , and they found that the Defense of a constant Fishing , elided the condescendence that this Fishing was but new . Mr. Iames Chalmers contra Lady Tinnel . Eodem die . MR. Iames Chalmers Parson of Dumfreis , having obtained a Decreet before the Sheriff , for a part of his Stipend , against this Lady Tinnel , for whom a Procurator compeared , and took a Term to produce her , and she succumbed , whereupon she was holden as confest . She Suspends , and alleadges that the Decreet bears not the Procurator to have produced any Mandat , and therefore craves to be Reponed to her Oath . The Lords finding that there was nothing else alleadged by the Procurator , that might infer his being informed , or having Warrand , but only his taking a day to produce , they would not sustain the Decreet , unless the Charger instructed the same , by proving the quantities . White contra Horn. Novemb. 25. 1665. IN a Competition between White and Horn , the one having Right by progresse to the Property of a piece Land , and the other to an Annualrent forth thereof . It was alleadged for the Proprietar , First , That the Annualrent was prescribed , no Possession being had thereupon , above fourty years . 2ly . The Original Right produced to constitute the Annualrent , is but a Seasine without a Warrant : and albeit the Common Author have given Charter of Ratification thereof ; yet it is after the Proprietars Seasine , given by the Common Author to his Daughter , propriis manibus . It was answered for the Annualrenter , to the first , That the Prescription was interrupted by Citations produced , used upon a Summons of Poinding of the Ground , before the Baillies of the Regality of Dumfermling , where the Lands ly . As to the second , that the Confirmation granted to the Annualrenter , is prior to any Charter , Precept , or other Warrant , granted to the Proprietar : for as for the Seasine , propriis manibus ; that has no Warrant produced . The Proprietar answered , that the Interruption was not Relevant , because the Executions were null , in so far as the Warrant of the Summons bears , to Cite the Defender Personally ; Or otherwise upon the Ground of the Land , or at the Mercat Cross , or Shore of Dumferm●ing , whereupon such as were out of the Countrey , were Cited● and not upon 60. dayes , but 25. which Reasons would have excluded that Decreet , and therefore cannot be a legal Interruption . As to the other , albeit the Pursuers first Seasine want a Warrant , yet it hath been cled with natural Possession , and the Annualrentars hath not . The Lords Repelled both these alleadgences , for the Proprietar ; and found the Executions sufficient to interrupt , albeit there were defects in them , that might have hindred Sentence thereupon , especially in re antiquâ , the Lands being in Regality , where the custome might have been , even to Cite Parties absent out of the Countrey , at the head Burgh of the Regality , and the Shore next thereto , and as the Proprietars Right was not Established by Prescription , so they found that Possession could not give a possessory Iudgement to the Proprietar , against an Annual●entar , which is debitum fundi . Mr. Iames Peter contra Iohn Mitchelson . Eodem die . MR. Iames Peter Minister of Terregh pursues Mitchelson for a part of his Stipend , due out of the Defenders Lands , who alleadged no Process , till the Pursuer produced a Title to the Defenders Teinds , seing he brooked them by a Tack . It was Replyed , he offered him to prove seven years Possession , as a part of the Stipend of Terreghs . Which the Lords sustained without any Title of Possession . Bruce contra Earl of Mortoun . Novemb. 28. 1665. IN an Action for making arrested Sums forthcoming , between Bruc● and the Earl of Mortoun . The Lords found that the Summons behoved to be continued , seing they were not past by a special priviledge of the Lords , to be without continuation , albeit they were accessory to the Lords Anterior Decreet , against the principal D●bitor , which they found to be a ground to have granted the priviledge of not Continuation , if it had been desired by a Bill , at the raising of the Summons , but not being demanded , They found quod non in erat de jure . Younger contra Iohnstouns . Eodem die . PAtrick Porteous having a Tenement of Land in Edinburgh , provided his Wife thereto in Liferent , and dyed before the year 1608. his Wife lives and Possesses as Liferenter . Yet in Anno 1608. one Porteous his Brother Son , was Served and Retoured Heir to him , and Infeft as Heir , and Disponed the Land , which is come through three several singular Successors to Iohnstouns , who are Infeft therein , as Heirs to their Father , in Anno 1655. Young●r having acquired a● Disposition from Stephanlaw , Porteus Residenter in Polland , causes Serve the said Stephenlaw , as nearest Heir to the said Patrick , whereupon Stephenlaw is Infeft , and Younger is Infeft . There are now mutual Reductions raised by either Parties , of others Retours and Rights ; wherein Younger alleadging , that his Author Stephenlaw , Porteous was the nearest of Kin , in so far as Patrick the Defunct had four Brethren , and Stephen Law Porteous was Oye to the eldest Brother , whereas the other pretended Heir was Son to the youngest Brother , which he offered him to prove . It was answered for Iohnstouns , Absolvitor from that Reason of Reduction , because they had Established their Right by Prescription , in so far as they had a progress of Infeftments , far beyond the space of fourty years cled with Possession , by the Liferenter , whose Possession behoved to be accounted their Possession , because the Act of Pa●liament anent Prescription , bears , that the Person Infeft being in Possession by himself , or by his Tennents , or others deriving Right from him , and therefore the Liferenters Possession is alwise the Fiars . 2ly . By the first Act of Parliament anent Prescriptions of Retours , they prescrive , if they be not quarrelled , within three years . And by the last Act of Parliament 1617. anent the Prescription of Retours , they are declared to be prescrived , if they be not pursued within twenty years . And by the general Act of Prescription 1617. There is a general Clause , that all Reversions , Heretable Bonds , and all Actions whatsomever , shall prescrive , if they be not followed within fourty years . By all which , Stephenlaw Porteous , not being Retoured till the year 1655. nor having moved any Action against the first Retour . This Action of Reduction , and all other Actions competent , are prescribed . It was answered for Younger , that he being Heir to maintain the right of Blood , which is the most important Right , competent by the Law of Nations , no Statute , nor positive Law can take it away , unless it be express and evident , for the right of Blood can never prescrive , seing it is certain , that a man may serve himself Heir to his Predecessor , though he died a 1000. years since , if he can instruct his Service . And as for the Acts of Parliament alleadged upon , they cannot take away any Right of Blood , for the first Act of Prescription , on three years expresly , bears , to extend to these within the Countrey , as Stephenlaw was not : and the last Act is expresly , only in relation to Retoures , to be deduced thereafter , but this first Retour quarrelled , was deduced long before , viz. in Anno. 1608. As for the general Act of Prescription , seing it mentions not Retoures , but only Infeftments● Reversions and Heretable Bonds ; The general Clause of all Actions whatsomever , ought not to be extended to Retoures , especially , seing the meaning of the Parliament appears not to have been extended by them to Retoures , because the very next Act doth specially Order the prescription of Retoures . As to the Iohnstouns Infeftments , they have not the benefit of Prescriptions , never being cled with Possession : For the Liferenters Possession , as it was the Defuncts Possession : So it did continue to be the true appearand Heirs Possession , although none had been Served to this Day ; and therefore the Service or Infeftment following thereupon , cannot take away from the true Heir the presumptive Possession of Law , which the true Heir hath . 2ly . No Prescription can be valid against others : But these that know , or are at least oblieged to know the Right , whereupon it proceeds ; but the true Heir was not oblieged to know their Service , nor was he oblieged to Serve himself , but when he pleased , especially seing he could get no benefit as long as the Liferenter lived , and that he was not oblieged to know the first Service , appears , because he was not called thereto , otherways then by a general Citation at the Mercat Cross , to all Parties having Interest , which is but a point of meer form and prejudges no body , and at least could not prejudge a Stranger , living out of the Countrey , animo remanendi , there being neither special nor general Citation , as to Persons out of the Countrey on 60. dayes . The Lords found no weight in this last Point , seing the Law requires no Citation on 60. dayes , in cases of Retoures , but only 15. dayes generally , at the Mercat Cross , which they find every man , origine Scotus , oblieged to take notice of , or to have a Procurator at Edinburgh , as in communi patriâ , who may search the Register of Retoures , whether in the publick Register , or Town Books , before they prescribe . They also found that there was no ground for Prescription upon the first Act of Parliament , as bearing only relation to these in the Countrey , nor upon the last Act of Parliament , as bearing only relation Retoures , to be deduced thereafter , neither did they sustain the Prescription upon the first part of the general Act of Prescription ; for they found the Liferenters Possession in the Competition of two Heirs , not to be profitable to either of them , in prejudice of the other , nor yet to be the Possession of singular Successors , seing it flowed not from these singular Successors , but from the Defunct , to whom both Parties pretended to be Heir ; but the Lords found the posterior clause in the Act of Parliament , of all Actions whatsomever to extend to the Reduction of Retoures , and to be general , as to all Actions that may concern Heirs , in prejudice of others : And found it so much the rather to extend to Retoures , that the next ensuing Act finds Retoures to be Deduced thereafter , only to be Reduceable within twenty years , and so finds the Reduction thereof to prescrive sooner than other Rights ; and therefore cannot be thought , not to have meaned to reach bygone Retoures , by the general Act. Creditors of James Masson Merchant Supplicants . Nov. 30. 1665. JAmes Masson Merchant in Edinburgh having unexpectedly broke and fled , his Creditors gave in Supplication to the Lords , bearing , that he had most deceitfully broken , having the price of the Goods that he had sold , meditatione fugae , in his hand , and that he either lurked in the Abbay , or was to go out of the Countrey ; and therefore craved a Warrand to Messengers of Arms , to secure his Goods , and apprehend his Person wherever the same could be found , until the matter were heard . The Lords having considered the case , that the occasion was very extraordinar , and also the desire , most were of the opinion , that the Lords might grant the Desire , which was done accordingly , with a Recommendation to the Duke of Hamiltoun , Keeper of the Kings House , not to suffer him to lurk there , but to expel him , that he might be apprehended : For albeit ordinarly the Lords grant not Caption or Warrant of Wairding the Person of the Kings free Leidge , till he be Denunced Rebel . Yet seing the Magistrates of Burghs , and the Admiral grant Acts of Wairding against Parties , until they find Caution to answer as Law-will . The Lords who had eminently in themselves these Jurisdictions , they might do the like in the like case : but some thought that was a special priviledge , not to be extended , and this was of dangerous Example to secure persons unheard , more proper for the Council , as a case extraordinar , then for the Session . David Boyd contra Isobel Lauder and Iohn Tailzifer Eodem die . DAvid Boyd pursues Iohn Tailzifer , as Representing his Father , on all the passive Titles , and Isobel Lauder his Mother and Tutrix , for her Interest , and condescends upon his behaving as Heir , by uplifting of the Mails and Duties of his Fathers Lands , by his said Tutrix . It was answered , that he being a Pupil , his Tutrix Intromission could not infer that passive Title against him , as hath been frequently sustained these many years . It was answered , that was but since the Usurpation , but before the Tutors Intromission , did alwayes infer this Title , and the Pupil could only pursue his Tutor for his damnage . The Lords found the Pupil not lyable on this passive Title , by his Tutors Intromission . The Pursuer then insisted against the Tutrix , for paying so far as she had intrometted . It was answered , that she was but called for her Interest , to authorize her Pupil , but not to pay , neither could she be lyable to pay , unless a Decreet had been first Established against the Pupil● and then it had been Arrested in her hands , and pursued to be made forthcoming . And yet the Lords found the Tutrix , hoc ordine , lyable . White contra Brown. Eodem die . JOhn White as having Right from Iames White his Fathe● , Charges Brown for 2000. merks , who suspends on this Reason , that this Translation being by a Father to a Son , in his Family , at least having no visible Estate to acquire it : The Suspender cannot be prejudged , as to the manner of Probation , by the Fathers Oath , by which he offered him to prove , that the Father was Debitor in a greater Sum. It was answered , that the Cedents Oath could not be taken in prejudice of the Assigney . The Lords found that in this case , the Reason was probable by the Cedent Oath . Telzifer contra Geddes . Decemb. 1. 1665. THe competition between Telzifer and Geddes , mentioned the eleventh of November last , being this day again called , Debated and Reconsidered by the Lords at length . The question being , that Marjory Sandilands having granted a Bond to Samuel Veatch , blank in the Creditors name , Samuel filled up Marion Geddes Name therein , whereupon she Registrat the Bond , and Charged him , in the mean time Telzifer , as Veatches Creditor , having Arrested all Sums in Marjory Sandilands hands , adebted by her to Samuel Veatch , and pursuing to make the same forthcoming , she depones that the time of the Arrestment , she was no wayes Debitor to Veatch , but by a Bond blank in the Creditors Name , and that she did not know whose Name was filled up in it : But now Telzifer the Arrester compearing , craves to be preferred , because he had arrested the Sum , as belonging to Samuel Veatch his Debitor , before Samuel Veatch was Denuded , by filling up Marion Geddes Name , and intimating , or showing the same to Sandilands the Debitor , and that the filling up of Geddes Name , being but an Assignation , did necessarly require to accomplish it , to Denude the Cedent , an Intimation , for seing express Assignations do necessarly require Intimation , to prefer them to arrestments ; much more ought indirect Assignations , which are suspect of Fraud , and by which a Debitor may keep all his Estate in the Cloud , that none of the Creditors can reach the same , by arrestment or otherwise . And it being answered , that the Bond being delivered blank , there was no present Creditor , but a power granted to the Receiver of the Bond , to make Creditor whom he pleased ; at least there was no certain Creditor , so that Samuel Veatch was never Creditor , but had only the power to make the Creditor , and so needed not to be Denuded , nor was there any Law or custom , requiring intimation of the Names filled up in blank Bonds , and if any such thing were done upon the accompt of Expediency , it ought only to be in time coming . The Lords adhered to their former Interlocutor , and found Veatch to have been the true Creditor , and the filling up of the other Name , to be a Transmission equivalent to an Assignation , and required Intimation , as well for Cases past as to come ; for they thought that if Veatch , before the filling of the Bond had been Rebel , it would have fallen within his Escheat . Edward Edgar contra Colvills . Decemb. 2. 1665. EDward Edgar pursues Colvil Success or Lucrative to his Father . Mr. Alexander Colvil , in so far as he accepted an Assignation of an Heretable Bond , unto which Bond he would have succeeded as Heir . It was answered , that this passive Title was never extended to Bonds of Provision , granted by a Father to his eldest Son , and if in security and satisfaction of such a Bond of Provision , an Assignation of a Debt , due to the Father and his Heirs , were granted , could not infer an universal Title , to make the Accepter lyable to his Predecessors whole Debt , so neither can an Assignation to a Bond , which is no more in effect , and such odious passive Titles are not to be extended , but the Pursuer may Reduce upon the Act of Parliament 1621. or at the farthest , may crave by this Process , the simple avail of what the Defender hath intrometted with , by vertue of the Assignation . The Lords found the condescendence Relevant , as being preceptio haereditatis , and as an Assignation to a Tack , or a small Annualrent , hath been found sufficient , so there is like or more Reason for Assignations to heretable Bonds , which may be more easily conveyed away from Creditors , but they found it not alike as to Bonds of Provision , whereby the Father became Debitor , and in satisfaction and security , whereof he might Assign , and would only import single payment , but not an universal passive Title . Hugh Mcculloh contra Mr. Iohn Craig . Eodem die . HVgh Mcculloh having Right to an Apprizing of an Heretable Bond of 2000. merks , due by Umquhil Mr Robert Craig to Patrick Wood , pursues Mr. Iohn Craig as Heir by progress , for payment thereof , and produces a new Extract of the Appryzing , by the Clerk of the Appryzing , together with the said Appryzing , but so spoiled , that neither the Subscription of the Messenger nor Clerk could be known . The Defender alleadged no Process , till the Principal Appryzing by the Messenger were produced ; because it being in effect the Executions of the Messenger , to whom more was trusted then to the Clerk : The Extract by the Clerk without the Messenger was not sufficient . It was answered , that Appryzings of old were all direct to the Sheriffs of the Shire , and were in effect Judicial Process , wherein Parties were Cited , Called and Decerned ; and now the Messenger being Constitute Sheriff in that part by the Letters of Appryzing , he may choise his own Clerk , and the Extract of that Clerk is sufficient , as of all other Clerks ; and albeit for more security , both Clerk and Messenger Subscribe : yet it hath not been determined how far the Messengers Subscription is necessar : And the Decreet of Appryzing is not the Executions of the Appryzing , which are distinct therefrom , and Instructions thereof . The Lords thought that the new Extract behoved , either to be astructed with the Letters and Executions , and other Adminicles , or that they would not sustain it alone : But the question was , whether it should be astructed , hoc ordine , or by a proving of the Tenor , in a several Process , which was carried by the plurality . Thomson contra Henderson . Decem. 4. 1665. THomson having granted a Bond to his Brother of a sum of Money , the same was assigned to Henderson , who thereupon Charged . The Debitor suspends , and produces a Discharge by the Cedent of the same Date , and Witnesses with the Bond , and alleadged that the Debt being Discharged before the Assignation , excluded the Assigney . It was answered , That the Discharge was granted most fraudulently , so that the fraud betwixt the two Brethren , is manifest to have been contrived to deceive , any Person should Contract with the Creditor , whom they saw to have a Bond of a solvendo Person in his hand● and so might be induced to lend him Money , or Contract with him in Marriage , or otherwise ; and the Charger having upon that accompt , lent him Money , and taken Assignation , cannot be excluded by this Contrivance , which was done pessimo dolo . It was answered ; First , That dolus was not competent by way of Reply . 2ly . That the Assigney took the Assignation on his own Peril , and he should have asked at the Debitor before he took it . The Lords , though the matter was of small Importance , were willing to take the matter of fraud to consideration by way of Reply ; and therefore ordained the Suspender to condescend upon some reasonable Cause of the granting of the Bond , and taking back a Discharge thereof at the same time . Beg contra Beg. Decem. 5. 1665. BEg having Disponed some Land to his Son , Redeemable on a Rose-Noble , and having married a second Wife , he Disponed the same to her in Liferent , and assigned her to the Reversion . The Father having used an Order , pursues Declarator . The Son alleadges absolvitor , because he was assigned to an Appryzing : Which Appryzing carried the Right of the Reversion of that Wodset , and thereby his Father was Denuded of the Reversion , and could not redeem the Wodset , till he Redeemed the Appryzing . It was answered , that the Father was not simply Denuded during the Legal : During which time , the Appryzing was but like a Right granted in Security , which Denuded not the Fiar ; as if the Son for Security of a Sum , had been assigned to the Reversion , the Father was not Denuded , but might use the Order , by which the Security was not worse but better ; the same holds in this Case ; and therefore it is , that he against whom an Appryzing is led , may Redeem the first Appryzing , albeit the second Appryzer has appryzed the Reversion , otherwise no man could redeem an Appryzing , unless he redeemed all his appryzings at once , which have different legals ; and this Case is as favourable , because the Reversion was only to the Father in his own life ; and therefore the Son endeavoured to hinder him to Redeem , by taking Right to this Appryzing . It was answered , that the Case was not alike in a Conventional Reversion , as in a legal : And that the Appryzing led against the Father in his life , would perpetuat the Reversion ; and that this Case was unfavourable , where the Father intended to frustrate his Heir , in favours of the Wife of the second Marriage , to whom he had assigned the Reversion . The Lords having upon the first report considered the favourableness of the Sons Case , sustained the Defense , but afterward upon Bill , ordained them to be heard again in presentia , and having heard them , The Lords were of different opinions , so that that came not to a Vot ; But the Lords before answer , ordained the Wife to insist upon her Right , who alleadged that she might Redeem , ad hunc effectum , to enjoy the benefit of her Liferent Right , after her Husbands Death . It was answered ; First , That she wanted the concourse of her Husband . 2ly . That her Assignation was not intimat . It was answered ; First , Her Assignation was Registrat in the Register of Reversions , conform to the Act of Parliament : Which Registration being publicandi causa , needed no intimation . 2ly . That she had a Disposition in Liferent , by her Contract of the Lands , which carried omnejus , in the Disponer , as to the Liferent Right , during her Life , and so carried the Reversion , though not exprest , and her Seasine being registrat , it was equivalent to the Registration of the Assignation . The Lords sustained the Wifes Interest , and declared in her favours , for her Liferent use , and found the Disposition with the Seasine Registrat , and the Assignation also Registrat sufficient . Cheisly contra Cuthbert . Eodem die . CHeisly Charges Cuthbert for his Prentis-fee : Who suspends , and alleadges that he was set Prentise to him as Apothecary , and that he deserted that Employment , and became a Drogeist , and thereupon the Suspender left him . It was answered , that , the breeding of him as a Drogeist was sufficient , and that he now practised as Apothecary and Cherurgeon . The Lords found this answer not Relevant , the Suspender being set to him as Apothecary , to make Drogs , and not as a Drogeisi that buyes Drogs , as to the time after he changed : But the Charger having further offered to prove , that he constantly in his Chamber , makes , as well as sell Drogs , the Lords found it Relevant . Richard Cunninghame contra Duke of Hamiltoun . Eodem die . RIchard Cuninghame pursues the Duke and Dutches of Hamiltoun , for payment of a Bond , granted by the late Duke , which being produced , appeared to have been blank in the Sum , Date and Creditors Name . The Defenders alleadged , the Bond was null , as wanting the Designation of the Writer . It was answered , that they did now Design him , which has been alwayes allowed by the Lords . It was answered , that though the Lords have done so , ex officio : Yet in a case of this nature , where the Debt is so old , never mentioned before , and the Bond in the substantials blank , in which case the Lords ought to keep by the express words in the Act of Parliament , that such Writs are null , and not to be supplyed by an equivalent . The Lords Repelled the Defense , and admitted the Designation . Hellen Hill contra Maxwels . Eodem die . IN an accompt and reckoning between Hellen Hill , Relict of Iohn Maxwel in Glasgow , who was one of the Tutors named by Iohn to his Bairns and Mr. Robert and George Maxwels his brethren , who succeeded the Daughters , being dead : Iohn by his Testament leaves his two Daughters , and failing of either of them , by Decease to the other , his universal Legatars ; one of the Daughters dyed Pupil , and the other shortly after her age of 12. years , nominat the said Hellen her Mother , universal Legatrix , whereby Hellen craved the universal Legacy of both the Daughters . It was alleadged that the last Daughter , not having Confirmed her self Executrix to the first ; the first share was never established in her Person , and so could not be Transmitted by her Testament , but belonged to the nearest of Kin , of the first Daughter , viz. The saids Maxwells . It was answered , That this being a Substitution of each of the two Daughters , to other , nominatim by the death of the one , it accrest into the other , ipso facto , without Confirmation , as in the case of Bonds of Provision , payable to the Father , and by Decease of him , to such a Bairn named , albeit the Father be Fiar , and the Bairn but Heir substitute , it needs not Confirmation ; but the Bairn may summarly charge or pursue . The Lords found no need of Confirmation , but that it did accresce to the second Daughter , upon the death of the first , and so was carried by the seconds Testament : In this account , Mr. Robert as Heir , pursuing for the Heretable Bonds . The Tutrix answered , that she ought to have allowance of what was wared out upon repairing of the Tenement in Glasgow . It was answered , that she as Tutrix , ex officio , was oblieged to exhaust the Moveables first , one Person being both Heir and Executor , and not to exhaust the Heretable Bonds , that bore Annualrent , and to let the other lie unprofitable , and now to apply it to her own use , by her Legacy . It was answered , That it was employed upon the Heritage , and so was profitable to the Heir only , being employed upon the House , and that by a Warrand , the Heir being then under Tutors , to repair it out of the first and readiest of the Defuncts Estate . The Lords found that Article Relevant , to be deduced out of the Heretable Estate . Elizabeth Anderson contra Andrew Cunninghame . December 7. 1665. ANdrew Cunninghames Wife having left a Legacy to Elizabeth Anderson : It was alleadged by the Husband , that his Wifes share of the moveables was exhausted . It was answered , That he having confirmed his Wifes Testament , and given up the Debts due by him therein , and made Faith thereon , he cannot now be admitted to adduce any other Debts , especially being so recent before the Testament , within three or four years . It was answered , that he had only made Faith upon the Inventar of the Goods belonging to him , but not of the Debts due by him , which were only given up to abaite the Quot : and albeit it may be presumed that he knew and remembred his own Debt , yet presumptio cedi● veritati , seing the Creditors now produce their Bond instructing the Debt , and crave preference . Which the Lords found Relevant , vid. Iune 9. 1666. Katharin Smith and William Duncan contra Isobel Robertson . Eodem die . KAtharin Smith and William Duncan having apprized from Isobel Robertson , and Iohn Wilson , all Right they had to a Tenement , under which fell the Liferent-right of Isobel Robertson his Wife , jure mariti , Pursues the said Isobel , for payment of the Mails and Duties that she had uplifted , and of a part of the Tenement that she dwelt in her self : She alleadged , first , that her Husbands jus mariti , could not carry her Liferent , seing immediatly after the marriage he went out of the Countrey , and was never heard of since , and she had obtained Decreet of Adherence against him , and was going on in a Divorce for malitious deserting . The Lords Repelled the Alleadgance , seing the Divorce was not compleat , and this was four years anterior . The said Isobel further alleadged absolvitor , for the Rents of her Dwelling-house for bygones , and for what she had uplifted , because she had done it , bona fide cum titulo , viz. her Husbands obliegement to aliment her as his Wife , & bona fide possessor facit fructus consumptos suos . Which the Lords found Relevant , and that albeit her Husband would be lyable for these Rents , which alimented his Wife , yet not she . David Veatch contra Iohn Duncan . Eodem die . DAvid Veatch as heritor of the Miln of Dersie , pursues Iohn Duncan , for abstracted Multures , and obtains Decreet . He Charges and Iohn Suspends , both parties being ordained to produce their Rights : the Heritor of the Miln , instructs that his Author was first Infeft in the Miln , before the Defenders Author was Infeft in the Land , and produces a Decreet of the Lords in Anno 1575. declaring the Thirlage , wherein it was alleadged that the Heretor of the Miln being first Infeft of the Common-author , and producing a Precept from Cardinal Beaton , then Bishop of St. Andrews Common-author , ordaining the Tennents of the Defenders Land , to pay the Multure to the Miln of Dersie . It was alleadged , this was not sufficient , seing the Charter did not Thirle the Defenders Lands , but was only of the Miln and Multure thereof generally , as for the Cardinals Precept , it was not with consent of the Chapter , and so could not extend beyond the Bishops Life : yet the Lords declared the Astriction , notwithstanding it was now alleadged , that the Defender was Infeft , cum molendinis & muliuris ; by vertue whereof , he had prescribed his freedom by 40. years time . It being answered that once being Thirled by the Common-author , no Charter granted by him thereafter , could prejudge the Feuar of the Miln . And as for Prescription , offered to prove Interruption , by paying of Insucken-multures within the space of 40. years . William Cranstoun contra Walter Pringle . Decemb. 12. 1665. WIlliam Cranstoun being Vassal to Greenknow , he was amerciat in his Court , for a Blood committed upon Walter Pringle : and being charged , Suspends upon this Reason , that Greenknow not being a Baron , or the Kings immediat Tennent , had no power of Blood-waits , unless he had had an express Deputation from his Superiour , the Marquess of Huntly , who is Baron only having the Jurisdiction . It was answered , that Greenknow was Infeft , cum curiis & bloodwitis . Which the Lords found sufficient . Mr. John Pearson contra Martin and his Son. Eodem die . MR. Iohn Pearson , by his Contract with Eupham Martin , did conceive the Clause of his Tochar , in thir Terms , that it should be payable to him and her , the longest liver of them two in Conjunct-fee and Liferent , and to the Heirs of the Marriage , in Fee ; which failzing to return to the Wifes Heirs . By a second Contract , betwixt the Husband and his Wife , it was agreed that that Clause should be altered ; and that failzing the Heirs of the Marriage , it should return to the mans Heirs , who thereupon pursue Declarator of Right , by vertue of the second Contract . The Defender being absent . The Lords advised the Cause wherein the difficulty appeared to be , that the Tochar was provided to the Bairns in Fee , So that the Husband and Wife could not alter the Succession , being both Liferenters , because , that the Clause bears , to them in Liferent , and to the Bairns in Fee ; yet the Lords sustained the Declarat●r ; seing the Husband and Wife were named Conjunctfeers , so that either of them behoved to be Fear , and the adjection of , and Liferent could only be understood of the Person that were Liferentar , and albeit it was exprest to be the Bairns in Fee , yet that could be but of a substitution , seing there were no Bairns then existent . Christian Barns contra Hellen Young and her Spouse . Eodem die . HEllen Young being provided to the Annualrent of 800 merks , and to the Conquest , obtained Decreet thereupon , against Christian Barns the Executrix , who Suspends on this Reason , that the Pursuer was Infeft by the Defunct her Father , in a Tenement , in full satisfaction of these provisions . It was answered , nonrelevat , unless it were alleadged , that the Charger had accepted . Whereupon it was alleadged , Accepted , in so far as she had uplifted the Mails and Duties after her Fathers death , and had no other Title ascribe it to . It was answered , that she had another Title , viz. her Goodsir had Disponed this Tenement to her Father and Mother , the longest liver of them two , and the Bairns of the Marriage , be vertue whereof , as Heir Appearand of the Marriage , she might contiue , and uplift , and miskene the new infeftment given by her Father . Which the Lords founds relvant , unless the other Partie Insist on that alleadgeance proponed , that the Pursuer had pursued , and obtained payment upon the Title bearing , in satisfaction . John Ramsay contra James Wilson and others . Eodem die . COlonel Cunningham , having impignorat a number of Jewels of great Value , and immediately thereafter , went out of the Countrey , and never returned . These Jewels were in the Custody of Iohn Ramsay , who , and Mr. Robert Byres had given Bond , to make them furthcoming to the Colonel , and now Iohn Ramsay having been Confirmed Executor to the Colonel , pursues Iames Wilson , and others , for Exhibition , and Delivery of the Jewels . The Defenders alleadged absolvitor , because the Jewels were Impignorat by Mr. Robert Byres for a considerable Sum of Money , who having them in his Possession , it was a sufficient ground for the Defenders to Contract with him , because property of Moveables is presumed by Possession ; and therefore it is not relevant to lybel , that once the Jewels were Colonel Cunninghams , and therefore they must be restored to his Executors , unless it were also lybeled quomodo desijt possidere , so that the Jewels behoved to have past from him , without his own Consent , or Alienation , otherwise it is alwayes presumed , that he sold or gifted them , and needs not be proven ; else no man could be secure of any Moveable : if he who could instruct , that he bought it , could recover it from all possessors , unlesse they could instruct all the wayes the same past from the first Owner . The Pursuer replyed , that the Case is not here , as to Moveables , that are ordinarily sold in Mercat , but in relation to Jewels of great Value , which cannot be presumed to have been Mr. Robert Byres , because they were never worn by him , as being his proper Good , nor were they Competent to any of his quality : and therefore the Defenders were , in mala fide , to acquire them from him , without knowing his Right . 2ly . It is instructed by Mr. Robert Byres Letter produced , that he acknowledged them to be Colonels , before the Impignoration : and it s offered to be proven , that he broke up Iohn Ramsays Celler , and took them out . 3dly : The Colonel Impignorat them by Writ , and so the Presumption of allienating them , ceased , because he went immediately out of the Countrey , and never returned . It was answered , that there is no difference of Jewels , more than any other Moveables , which use to passe without Writ from Jewellers that sell them ; and the Pursuer having possest them these , 10. or 12. Years , without question , has right thereto , by usucapion . The Lords found the alleadgeances joyntly relevant to elied the presumption , and that there is no usucapion in Moveables in Scotland , by Possession in less then 40 years , but only a presumptive Title , which is altogether eleided by the Answers . Duke of Hamiltoun contra Laird of Clackmanan . December 14. 1665. THe Duke of Hamiltoun , as Collector of the Taxations 1633. charges the Laird of Clackmannan , who Suspends , and produces Discharges of the first three Terms . It was alleadged , these discharges could not liberat , because they were granted by Iohn Scobie , who was neither Sheriff , Baillie , nor Clerk ; nor does it appear , that he had any Warrand , or Commission nor does his Discharges mention any Commission , or Warrand . It was answered , that by the Discharges produced , it appears , that Ormistoun and Humbie , deputed for the Duke , had granted Discharges to this Iohn Scobie , and offer to prove , that he was in use of uplifting the Taxations during the Terms themselves , and was commonly repute , as Collector thereof , which must be sufficient post tantum tempus . It was answered , that that ground would not oblidge the Sheriff , and so both the Heretor and Sheriff , being free , the King looseth his Right . Yet the Lords sustained the Reason . Monteith contra Mr. John Anderson . December 15. 1665. IN a Reduction , at the instance of Monteith against Anderson , a Reason of payment being found relevant , Mr. Iohn produced an Incident , at the first Terme , and a Diligence against Witnesses , for proving the having of the Writs , at the second Term. Which Incident the Lords sustained , and would not restrict the Terms of probation in the Incident , to Horning against the Witnesses , and Caption , but allowed four Terms , and ordained the same to be shorter . Mr. John Elies contra Keith . Eodem Die. THere was a Bond of 6000 merks , granted by Wiseheart Parson of Leith , and Keith his Spouse , to Mr. Iohn Elies containing an oblidgement to Infeft him in an Annualrent out of any of their Lands , with a Procuratorie . The Wife had then the Lands of Benholm , belonging to her Heretablie , lying in the Mairns , Mr. Iohn having Inhibite her Husband and her , she sold the the Lands before the Inhibition was published at the head Burgh of the Mairns , and having thereafter right to a Sum of 10000 merks for which she was Infeft under Reversion , in other Lands , an order of Redemption was used , and the Money consigned ; Mr. Iohn Elies pursues a Declataror , to hear and see it Found and Declared , that the said Keith was oblidged to infeft him in an Annualrent , out of her Lands , which she had fraudulently Disponed , contraire her obligation , and therefore was now oblidged to Infeft him in other her Lands , or to pay the Sum , as damnage , and interest ; and that therefore any other Lands , or Rights belonging to her , might be affected for his payment , and particularly the Wodset now in question . Compearance was made for the Defenders Grand-child , who had a Right from her Grand-mother to the Wodset , who alleadged , First , That the Bond bearing , an oblidgement for Debt , granted by the Wife , stante matrimonio was null . It was answered , that albeit the Personal oblidgment were null , yet the oblidgment , to Infeft in an Annualrent granted by a Wife , is valid , either against her Heretage , or Liferent , and alleadged several Dicisions therefore . It was answered , that the Wife might do so , if she had borrowed money for her own use , or were principally bound to Infeft in an Annualrent , but this oblidgment being in security of her Personal obligatigation , with her Husband , the principal obligation being null , the accessory is also null . The Lords repelled the alleadgeance , and found the oblidgement to Infeft valid , albeit accessory , because Deeds , and Obligations of Wyfes not to affect their Persons , but Estates are valid ; and albeit she had not been bound for the principal Debt , she might either have effectually disponed an Annualrent , or which is all one , oblidged her self to Infeft in an Annualrent out of her Heretage , & utile per inutile non vitiatur . It was further alleadged , that this Wodset , or Sum disponed to her Oy , could not be affected , because her Oy , was the youngest of many Oyes , and did no wayes represent her . The Lords sustained this Member of the Declarator also , upon the Act of Parliament , 1621. against Dispositions between Conjunct Persons , without a cause onerous , which they found , might either be a ground to reduce the same , or to declare the same to be affected , as if the Right were in the Disponers Person . Herein it was also lybelled , That this Wodset , albeit acquired after the Inhibition , yet seing it lay in the same Shire , where the Inhibition was published , the Grand-child's Right were Reduceable , upon the Inhibition . The Lords thought so , because Inhibitions being Personal Prohibitions , reach both acquisita and acquirenda , by the Person Inhibit , in the Shires where it is published . Laird Kilbocho contra Lady Kilbocho . December 20. 1665. THE Lady Kilbocho , by her Contract of Marriage , being provided to certain Lands , with this provision further , that she should have the Liferent of all Lands Conquest , during the Marriage , whereupon she obtained a Decreet in the English time , which being now under Reduction . It was alleadged , the Clause of Conquest could only give her the Lands Conquest , with the Burden of the Annualrent of a Sum due by the Defunct , to a Person from whom he bought the Land , as being a part of the Price of the Land , especially , seing by a writ under the Defuncts hand , he acknowledged , that this Bond was granted for a part of the Price . It was answered , First , That a Personal oblidgement cannot affect the Land , neither can it affect the Ladies Person : but if the Defunct had pleased , he might have granted an Annualrent out of the Lands Conquest , which then would have affected it , which not being done , his declaring that this Sum was a part of the price , cannot be effectual , nor can infer a Probation against his Wife , in prejudice of her anterior Right . Secondly , This alleadgeance might be proponed as well against the Heir of Conquest , as Liferenter thereof , and yet it was never found , that the Heir of Conquest behoved to accept the Land with the Burden of the Sums borrowed to buy it , nor yet to relieve the Heir of Lyne thereof ; but on the contrair , the Heir of Conquest has relief against the Heir of Lyne , for Personal Debt , though borrowed for acquiring the Right . The Lords found that the Case was not alike with the Heirs of Conquest , whom Defuncts do Infeft , without any burden ; and Liferenters , who having a speciall Competent Provision , this general Clause being but adjected , as uncertain , is not so favourable , or so to be extended ; seing the Husband did not Infeft the Wife in his own time , in the Conquest . And therefore found her to be lyable to the Annualrent of this Sum , which they found instructed by the Hubands Declaration , where the Ladies Father is a subscribing Witness . Sir Rorie Mcclaud contra Walter Young and John Govane Eodem die . WAlter Young , Iohn Govan and Hendrie Hope , by a Letter written to any that they should Buy Kows from in the Highlands , desired , that they might use the Bearer of the Letter kindly , and for whatever quantity of Kows they bought , they should answer such Bills , as he should draw upon them therefore . Hendrie Hope being broken , Iames Gray , as Assigney , pursues the other two for the whole , who alleadged , they were only lyable for their own Parts . It was answered , that they were oblidged to answer such Bills , as the Person intrusted by them should draw ; and they produce a Bill drawn by him , upon them , or either of them . It was answered , that such Bills can only relate to the Quantity , and not to the Quality , and manner of oblidging ; seing if they had so intended , they would have oblidged them , and either of them , or it would have born , what he should draw upon them , or either of them , should be answered . The Lords found every one of them lyable in solidum , for they thought that the Clause being dubious , was to be interpret against the Writers , and the Sellers of the Kows , were bona fide to rest upon the interpretation of the Persons intrusted . Sir John Leslie contra Sinclar and Dun. Ianuary 22. 1665. SIr Iohn Leslie , as Assigney constitute by Sir William Dick to a Bond , oblidging Francis Sinclar as Principal , and young Dun as Cautioner , to deliver 30 Chalders of Bear ; at 10 merk the Boll , Dun alleadges absolvitor , because he was Minor in Familia Paterna , and so his Father was his Curator of Law , and therefore his subscribing as Cautioner was null , being without his Fathers consent . It was answered , the alleadgeance was not competent by exception , against a clear liquid Bond. Secondly , That the Defense is only competent in the Case of Curators chosen . The Lords found the Defense Competent by way of Exception ; but before answer to the Relevancie ordained the Parties to condescend upon Duns age , the time of his Subscription , and whether he did then administrat , or go about any other affairs . Dame Rachel Burnet contra Lepers . December 23. 1665. BY Contract of Marriage betwixt Mr. Iohn Leper , and his Father , and and Dame Rachel Burnet on the other part , both Father and Son were oblidged to employ 20000 lib. upon security for the Liferent use of the said Dame Rachel , who , with concurse of Prestoun her present Husband , pursues the Sisters of the said Mr. Iohn Leper , as Heirs , and otherwayes representing him , and their Husbands , for their entrests ; and likewise Doctor Balfours Wife , only Daughter of an of the Sisters , as Heir to her Father , and Mother , against whom there was Decreet of Registration obtained , during their Lifetimes together , and on this ground , That the Defuncts Husband did by Contract of Marriage , Disposition , or otherwayes ; obtain Right to the Portion of his Wife , one of the Sisters , and Heirs , and therefore is lyable in payment in quantum lucratus est . It was alleadged for Doctor Balfour and his Wife , that she was willing to renounce to be Heir , to her Mother , but as for the other passive Title , as representing her Father , who was locuple●ior factus ; it is no wayes relevant , for Marriage , is a cause onerous , and Tochars are granted ad sustinenda onera matrimonij , and therefore are never counted fraudulent deeds , or without an onerous cause ; nor do they fall within the Act of Parliament 1621. against fraudful alienations ; neither was the Defenders Father lyable though there was a Decreet of Registration against him , because before any Execution , the Marriage was dissolved . It was answered , for the Pursuer , that that member of the Lybel stands relevant , because the Defenders Mother being Heir to her Brother , the Contracter could not transmit her Estate to her Husband , without the burden of her Brothers Debt ; and it is a most unquestionable Ground in Law and Equity , quod nemo debet cum alieno damno locupletari , and therefore Creditors are still preferred to Portions of Children , though given for their Tochar . The Lords found that Member not Relevant , that Decreet was obtained against the Husband and Wife , stante matrimonio , seing it received not Execution ; and as to the other Member , they thought , that if there were but a moderat and ordinar Tochar , proportionable to the burdens of the Marriage , it would not infer Repitition , or if the Tochar was great , or an universal Disposition of all the Heirs Right , they thought the Husband would be lyable , in so far as it was above a proportionable Tochar , and therefore before Answer , Ordained the Contract of Marriage to be produced , and the Pursuer to condescend , if there was any other benefit accresced to the Husband by his Wife , then by vertue of the Contract . It was further alleadged , for the Lady Pitmedden , one of the Sisters on Life , that she could only be lyable for her own sixth part , as one of the six Heirs Portioners . It was answered , by our Law , that all Heirs were lyable in solidum . There was several Decisions alleadged on either hand , on the 7. of February 1632. Hoom contra Hoom : Where the Lords found the Heirs Portioners lyable but for their own share . Another February 15. and March 21. 1634. Watson contra Or , Whereby one of the Daughters having a Disposition of the whole Estate , was found lyable for the whole Debt . And another Ianuary 24. 1642. Where one of the Heirs Portioners , having Disponed her share to the other , and thereby being insolvent , that other was found lyable in solidum . The Lords having considered the Case , found the Heir Portioner lyable , iprmo loco , only for her own share , untill the rest of the Heirs Portioners were discust , but determined not whether these who were solvendo , should be lyable in solidum , albeit the Debt exceeded their Portion , or only intirely for their own share , and for as much more as the value of their Succession could amount to . Laird of Cesnock contra Lord Bargany . Eodem die . THE Laird of Cesnock and the Lord Bargany , and Balcarras , being bound conjunctly and severally in a Bond ; Cesnock being distressed for the whole , takes Assignation , and pursues Bargany for two thirds , who alleadged payment ; and because it was a publick Debt , he produced an incident in termino , which the Lords sustained not , because it buire no warrand to cite Cesnock the Principall Partie , and the Executions were within 48 hours by one Person , in Kyll , Renfreu , Fyfe , and Edinburgh , and so suspect , but they superceeded Extract of the Decreet , to the first of November contra Wilson and Lodwick Callender her Spouse . Ianuary 2. 1666. 〈…〉 pursues a Reduction ex capite Inhibitionis , against Iean Wilson , and Lodwick Callender her Spouse , of all Dispsitions , of certain Tenements of Leith , made by the Common Author , since the Inhibition . It was alleadged , for the Defenders , absolvitor from this Reduction , because the Defenders produced an Appryzing led against the common Author , before the Inhibition , and which is sufficient to maintain the Defenders Right of the Lands in question ; and to exclude all Rights and Interest the Pursuers can have thereto . It was adswered , non relevat , seing the Pursuer is not insisting in a Reduction of all Right competent to the Defenders , upon general Reasons , either bearing expresly , or by equivalence that the Pursuer had good Right , and the Defender had no Right ; but the Pertner is insisting specially upon particular Rights called for , and upon a special Reason . viz. That they were after the Pursuers Inhibition , so that albeit the Defender have another better Right than the Pursuer , it will not be prejudged by this Reduction , nor can it hinder the conclusion of this Summonds . viz. That the Dispositions are null , as being post Inhibitionem . It was answered , for the Defender , that his Defense is relevant , for he alleadging , and producing a sufficient Right to the Lands whereof the Dispositions are called for to be Reduced , it takes away all Interest in the Pursuer to these Lands ; and therefore he may justly thereupon exclude the Pursuer from troubling the Defender in this , or any other Reduction , which can have no effect . It was answered , that if this ground were layed , no Reduction could be sustained of any particular Right , called for to be reduced , unless the Pursuer did reduce all Rights , that the Defender could produce , which is neither just , nor conform to the Custom ; because Pursuers may have necessity to reduce some Rights , in respect of the probation , which may be lost , as either Oaths of Parties , or Witnesses : and yet may not be in readiness to insist against all the Defenders Rights , not having found out theirs , or their Authors progress , but the Lords may reserve the other Rights , seing their is no possession , or other effect craved , but only Declaratoria juris . The Lords , in respect the Defenders were very poor , and their case favourable , Ordained the Pursuer to insist upon what he had to alleadge against the Defenders Appryzing produced , as if it had been contained in the Reduction ; but it is not to be layed as a general Ground , that in no case Reduction may proceed , albeit it exclude not all the Rights produced in the Defenders person , especially , if any singularity , as to the probation appeare . George Graham and Jack contra Mr. Andrew Brian . Ianuary 3. 1666. GEorge Grahame , as Assigney by Iack , having charged Mr. Andrew Brian , he Suspends , and raises Improbation , wherein he insists , and craves , that the Assigney may abide by the Bond ; the Assigney declared , that he would abide by it , as being delivered to him , as a reall true don Deed , without any knowledge of his in the contrare : and offered to produce the Cedent , to abide by it , who compearing . It was alleadged , that he was a Bankrupt , and had a Bonorum ; and therefore behoved to find Caution , to appear at all the Dyets of Process , or to enter in Prison , till the Cause were Discust ; or at least , that the Assigney would be oblidged to produce him . The Lords having considered the Case , found that the● Assigney was oblidged no further , then what was offered , and they found the Cedent not oblidged to find Caution , or enter in Prison ; but that he should Enact himself to compear Iudicially , whensoever any Point of the Improbation were referred to his Oath , which might infer the falshood of the Writ , if confest , and that if in that Case he compeared not , the Bond should be improven , not only to him , but as to the Assigney , inferring no hazard to the Assigney , as to the Criminal part , if he were not found accessory . David and Andrew Fairfouls contra Mr. James Binni . Ianuary 4. 1666. THE Bairns of the Umquhil Bishop of Glasgow , having charged Mr. Iames Binni to pay a 1000 merks , he Suspends , and alleadges that they were Minors , not sufficiently Authorized , in so far as they did choose Mr. Iohn Harper , and Achmoutie and their Mother to be their Curators ; or any two of them , their Mother alwayes being one ; so that their Mother being Dead , who was sine qua non , there behoved to be a new Election . It was answered ; that the Pupils were willing to compear , and acknowledge thir Curators , as their Curators which is sufficient to Authorize . Which the Lords found relevant . Laird● of Milton contra Lady Milton . Eodem die . THE Laird of Milton pursuing a Reduction of a Decreet of Divorce pronounced by the Commissaries of Edinburgh , at the instance of the Lady Milton his Step-mother , against Calderwood her last Husband , upon Adulterie , desired that the Testimonies of the Witnesses might be made privat to him , being a matter of so great Importance , as tending to take away the Right of the Ladies Jointure , disponed be her Husband to this Milton . The Lords refused the desire , but Ordained the Clerks to give a Note , expressing the names , Designations , and the preambulatory questions in the Depositions , as their age , married , or Not , purged of partial Council , &c. Lady Bute and her Husband contra Sheriff of Bute . Ianuary 5. 1666. THE Ladie Bute and her Husband pursue a Reduction of a Right of a part of her Conjunct-fee , made in favours of her Son , upon this Ground , that it was done after her Contract of Marriage with her present Husband , and publick Proclamation in the Kirk thereupon . It was answered . First , That once Proclamation was not sufficient . 2dly , That it was offered to be proven , that the Husband knew , that the Right was granted , and yet he proceeded in the Proclamation , and Marriage , which behoved to proport his acquiescence and consent ; and alleadged likewise the Case was most favourable : because the Lady had married , unsuitably , her Husbands Chapland . It was answered for the Pursuer , that once Proclamation is sufficient , as has been several times found , and that there is no weight to be layed upon her Husbands knowledge , who knew he had a remeed competent in Law , whereby the Deed done by his Wife after the Contract and Proclamation would be null ; and so his going on in the Marriage did not infer his acquiescence , or Homolagation . And as for the favour of the cause , it is much more on the Pursuers part , who being provided by her Husband , to 27 Chalders of Victuall , had before the Contract of Marriage , quite 20 to her Son ; and of the seven remaining , he had urged her to quite 100 lib. And 7 bolls of Victual were only now in question . The Lords found the Reason of Reduction relevant , and repelled the Defense upon the Husbands knowledge , for they thought , that as Deeds of a Wife cled with a Husband , without his consent , are null , after the Solemnization of the Marriage , because she is then in potestate viri , & sub ejus tutelà , So that she is truely Wife , after the Contract of Marriage , becoming publick by Proclamation , and it occurring , as a doubt amongst the Lords , whether the Reduction ought to be sustained at the instance of the Husband only , in so far as concerned his interest jure mariti , so that the Right might be valid against the Ladie , if she survived . The Lords sustained the Reason simply , at the instance of both ; and found it null as to both , as being done without her Husbands consent . Sir Laurence Oliphant contra Sir James Drummond . Ianuary 6. 1666. THE Lord Roll● , his Liferent Escheat being Gifted in Anno 1658. to Walter Stewart , He Assigned the Gift , and his own Debt , the Ground hereof , and the General Declarator obtained thereupon , to Sir Iames Drum●●mond in Anno 1665. A second Donatar now insists , for special Declarator ; wherein compearance is made for Sir Iames Drummond , who craved preference upon his first Gift , and on his General Declarator . It was answered for the Second Donatar , that the first Gift was simulat , and null by the Act of Parliament 1592. In so far , as the Donatar suffered the Rebel to continue in Possession untill this day , and never attained Possession of any part of the Lands , nor did any furder diligence , but only the General Declarator in Anno 1658. So , that the Rebel having now possest by the space of 6 , or 7. Years : The presumption contained in the Act of Parliament , that upon the said Possession , the Gift is simulat , and null , takes place . It was answered , that there is no definit time in the Act of Parliament , by which the Rebels Possession shall presume simulation , and in this ca●e , there was but few Anni utiles● in so far , as the Gift being in Anno 1658. Declarator was obtained that same year , and in Anno 1659. Judicatures ceased , and began not again till 1661. The Lords found , that the Donatar suffering the Rebell to possesse 4 , or 5. Years was sufficient to infer the presumption of simulation by the said Act of Parliament , and therefore preferred the second Donatar . Inter Eosdem . Ianuary ● . AT pronouncing of the former Interlocutor , the first Donatar furder alleadged , that the Presumption of Simulation , by suffering the Rebel to possesse , could not take place in this case . First , because the Donatar himself was a lawful Creditor of the Rebells , whereupon there is a stronger Presumption , that the Gift was to his behoove , for his own satisfaction : And the Act of Parliament can be only meant of Donatars , who have no Interest , but their Gift , and are not Creditors . Secondly , The Lands were Apprized , and the Donatar knew he would be excluded by the Appryzers . The Lords repelled the first alleadgeance , and found the presumptio juris in the Act of Parliament was stronger then the contrair presumption , that the Donatar was Creditor ; because it might be his purpose to apply the Gift to the Rebells behove , and not to take that way , having other wayes of payment , competent : and also repelled the second alleadgeance , unlesse it were alleadged , that the Apprizer had been in possession ; so that there had not been 3 , or 4. Years , in which the Rebel had possest ; and that if the Appryzing had attained Possession at that time , it would have excluded the Donatar : but seing it was offered to be proven , that the Rebel possest for 3 , or 4. Years , which was contrair to the alleadgeance of the Apprizers possession of the hail . They adhered to their former Interlocutor . Elizabeth Broun contra John Scot. Eodem die . THere being an Infeftment feu granted , of the Lands of Inglistoun , as Principal , and of the Lands of Fingland , in warrandice thereof long agoe , and Infeftment taken of both Principal , and Warrandice Lands in on Seasine , Registrat in the Registers Seasines , Since the Year 1617. Thereafter the Warrandice Lands were disponed to the Earl of Traquair , and he , being publickly Infeft , gave a subaltern Infeftment to his Vassal , who assigned Iohn Scot to the Mails and Duties ▪ who having Arrested , insisted to make forthcoming : And likewise Elizabeth Broun , having after the eviction of the Principal Lands , arrested the Rents of the Warrandice Lands , insists to make the same furthcoming to her . It was alleadged , that the Original Infeftment whereupon the said Elizabeth Brouns right is founded , is a base Infeftment , and as to the Warrandice Lands never cled with Possession , and the Earl of Traquairs Right , whereon Iohn Scots Right is founded , is a publick Infeftment holden of the King , which is alwayes preferred to a base Infeftment without consideration , whether the publick Infeftment has attained Possession , or no , or how long , but much more in this case , where the publick Infeftment has attained Possession , not only by year and day , but many years : And therefore is directly in the Case of the Act of Parliament 1540. cap. 105. Preferring publick Infeftments to prior base Infeftments , not cled with Possession . It was answered , that base Infeftments are of themselves valid , and before the said Act of Parliament , the first Infeftment made always the best Right , whether it was holden of the Disponer , or of his Superiour , but that Act of Parliament is correctory of the Common-Law , and Feudal Custom , which by the Act it self , appears then to have been constant , and is only altered by the Statute , upon the presumption of Fraud , which is clear , both by the Title against double Fraudful alienations , and by the Narrative , that diverse persons after they have given privat State and Seasine to their Bairns , or Friends ; do thereafter give for Causes onerous , Infeftment to other persons , and therefore such onerous posterior Infeftments , if they attain Possession year and day , are preferred to the said privat Infeftments ; but in this Case , there is no Presumption of Simulation . 2dly . By several Decisions alleadged and produced , it is clear , that the Lords did prefer base Infeftment of Annualrent to posterior publick Infeftments of Propertie , which interveened before the next Term ; so that the Infeftment of Annualrent could not attain Possession ; but if base Infeftments without Possession , were unvalid Rights ; The Lords could not have found so . 3dly . The Lords have allowed Indirect , and Interpretative Possession to be sufficient , not only in the Case when Liferents are reserved , that thereby the Liferenters Possession is the Feears , though he never possest himself , but even when Liferents are not reserved ; but that the base Infeftment is thereby excluded from Possession : so base Infeftments granted to wyfes are preferred to posterior publick Infeftments , though the Wyfes do not , nor cannot possesse , during the Husbands Life , yet the Husbands possession is counted the Wifes possession , and if a Person Infeft by a base Infeftment should pursue for Mails , or Duties , or Removing ; and were excluded by a prior Liferent , constitute by the Pursuers Author● though not reserved in his Right ; that very Action would be sufficient to validat the base Infeftment without Possession . 4thly , Whatever might have been alleadged , before the Act of Parliament 1617. For Registration of Seasines , there is neither Law , nor Favour since , for posterior acquirers , who might have known the prior Infeftments . And therefore in Infeftments of Warrandice Lands , the Possession of the principal Lands is accompted Possession of the Warrandice Lands ; neither is there any ground to oblidge a Person who takes a Feu of Lands , to demand a more publick infeftment of the Warrandice Lands , then of the principal . It was answered , that albeit the Narrative of the Statute mention Fraudful alienations , yet the dispositive words are General , that wherever an Infeftment hath been publick , by Resignation , or Confirmation , and hath attained Possession year and day , the same shall exclude any prior base Infeftment , attaining no Possession , and if the said Act were only to be measured by Fraud then if it could be alleadged , and astructed , that the first Infeftment , though base , was for a cause onerous , and without Fraud , it should be preferred ; which yet never hath been done . And for the Practiques , they meet not this Case , nor the Act of Parliament , because the posterior publick Infeftment had attained no Possession . It was answered , that now consuetude had both Interpret and Extended the foresaid Act ; for thereby posterior publick Infeftments , though they be not for cause onerous , or cled with Possession year and day , are ordinarily preferred contrair to the tenor of the Statute , and base Infeftments , retenta possessione , where the obtainer of the Infeftment is negligent , are accounted Simulat presumptione juris , & de jure but where there is no delay , nor ground of ●imulation , the base Infeftment is preferred , whether the posterior publick Infeftment attain Possession for year and day , or not . The Lords having heard this Case at length , and debated the same accuratly amongst themselves , in respect they found no preceeding Decision , whether base Infeftments of Warrandice , where there was possession of the Principal Lands were valid , or not ; against posterior publick Infeftments . They found this base Infeftment of Warrandice valid against the posterior publick Infeftment . The Infeftment in Warrandice being Simul with the Principal , and not ex intervallo , and being after the Act of Parliament 1617. but did not decide the Case to be of generall rule for Warrandice , ex intervallo before the said Act. Grissell Seatoun and Laird of Touch. contra Dundas . Ianuary 11. 1666. GRissall Seatoun , and the Laird of Touch younger her Assigney , pursues Dundas , as charged to enter Heir to Mr. Hendrie Mauld , for payment of a Bond of 8000 merks granted to the said Grissall , by the said Mr. Hendrie her Son. It was alleadged that the Bond was null , wanting Witnesses It was Replyed , That the Pursuer offered him to prove it Holograph . It was duplyed , that albeit it were proven Holograph , as to the body , yet it could not instruct its own date to have been any day before the day that Mr. Hendrie died , and so being granted in lecto aegritudinis , cannot prejudge his Heir whereupon the Defender has a Reduction . It is answered , that the Reduction is not seen , nor is there any Title in the Defender produced as Heir . It was answered , that the nullitie as wanting Witnesses , was competent by exception , and the the duply , as being presumed to be in lecto , was but incident , and was not a Defense , but a Duply . The Lords Repelled the Defense upon the nullitie of the want of Witnesses in respect of the Reply and found the Duply not competent , hoc ordine , but only by Reduction , and found there was no Title produced in the Reduction . Executors of William Stevinson contra James Crawfoord . Ianuary 12. 1666. THE Executors of William Stevinson , having confirmed a Sum of 3000. and odd Pounds due by Bond , by Iohn Ker , to the said William , and also by Iames Crawfoord , who by his missive Letter , became oblidged to pay what bargain of Victual should be made between the said Iohn Ker , and Iohn Stevinson for himself , and as Factor for William Stevinson . And subsums , that this Bond was granted for a Bargain of Victual . It was answered , that albeit this Bond had been in the name of William Stevinson , yet it was to the behove of Iohn Stevinson his Brother , who having pursued upon the same ground , the Defender was Assoilzied , and that it was to Iohns behove alleadged , First , That Iohn wrot a Letter to his Brother William , to deliver up his Bond , acknowledging , that it was satisfied , and that Iohn having pursued himself , for the other Bond granted in place of this , The said Umquhil William Stevinson compeared , or a Procurator for him , before the Commissars , and did not pretend any Interest of his own ; neither did William , during his Life , which was ten years● thereafter , ever move question of this Bond , nor put he it in the Inventar of his Testament , though that he put most considerable Sums therein . It was answered . 1. That the presumptions alleadged , infer not that this Bond was to Iohn Stevinsons behove ; because , by Iames Crawfoords Letter , there is mention made of several Bargains of Victual , both with Iohn and William : so that the Bond , and pursuite at Johns instance might be for one Bargain , and at Williams , for another , especially , seing the Sums differ . 2dly , Writ cannot be taken away , by any such Presumptions . It was answered , That if the Defender James Crawfoord had subscribed this Bond , it could more hardly have been taken away by Presumptions , but he hath not subscribed the Bond , but only his missive Letter , which is dubious , whether it be accessory to this Bond , or if that Bond was for this Bargain , and therefore such a writ may well be ●lided , by such strong Presumptions . The Lords found the Presumption Relevant , and that they instructed , the Bond was to Johns behove , and therefore in respect of the ahs●lvitor at Crawfoords instance , they Assoilzied . William Dick contra Sir Andrew Dick. January 13. 1666. WIlliam Dick pursues Sir Andrew Dick his Father , for a modification of his Aliment , whereupon the question was , whether Sir Andrew Dick himself being indigent , and having a great Family , of smal Children , and the Pursuer having been Educat a Prentice , whether the Pursuer should have a Modification . The Lords considering the great Portion the Pursuers Mother brought , and that he was a Person of no ability to Aliment himself by his industrie , decerned Sir Andrew to receive him in his House , and to entertain him in meat and Cloath , as he did the rest , or else two hundred merks , at Sir Andrews option . James Crawfoord contra Auchinleck . January 17. 1666. THE Heirs of Lyne , of Umquhile Sir George Auchinleck of Balmanno being provided to a Portion payable by the Heirs Male , did thereupon charge the Appearand Heir Male , and upon his Renounciation to be Heir , obtained Decreet cognitionis causa , after which that Appearand Heir dyed , and the Decreet being Assigned to Iames Crawfoord Writer , he now insists in in a Summons of Adjudication , containing a Declarator , that he having charged the next Appearand Heir , to enter to the last Appearand Heir against whom the Decreet cognitionis causa was obtained , that that Decreet should be transferred against him , and it should be declared , that the Adjudication should proceed against the next Appearand Heir . It was alleadged , for the Defender , that the former Appearand Heir having dyed before Adjudication , and so the Diligence being incompleat , there could be no Process thereon , till this Defender were again charged to enter Heir to the first Defunct , especially , seing he had Annum deliberandi competent to him , of the Law which would be taken from him , if this order were sustained , and as an Appearand Heir , charged , though the dayes of the Charge were run before his death , the same would be void , if no Decreet had followed thereupon : And the obtainer behoved to obtain his Diligence thereupon renewed , so it ought to be in this Case . It was answered , the Case was not alike , for here there is a Decreet obtained upon the Heirs Renounciation ; and there is no reason to put the Creditor to do diligence again , especially now , since the late Act of Parliament , whereby , if he get not Adjudication within a year , he will be excluded , and there are other Appryzings already deduced . The Lords Sustained the Process , hoc ordine , with this provision , that if this appear and Heir entred , and Infeft himself within year and day , the Adjudication should be redeemable to him within the Legal Reversion of 10. years , by which , neither the Creditor was prejudged of his diligence , nor the Heir of his Priviledge . Lord Rentoun Justice Clerk contra Fewars of Coldinghame . Eodem die . MY Lord Rentoun , as being Infeft in the Office of Forrestrie , by the Abbot of Coldinghame , containing many special servitudes upon the whole Inhabitants of the Abbacie , as such a dutie , out of Waith Goods , and out of all Timber cutted in the Woods of the Abbacie , with so many Woods , H●ns and a Threave of Oats , out of every husband Land yearly ; pursues Declarator of his Right , and payment of the bygones , since the year 1621. And in time coming ; both Parties being formerly ordained before answer , to produce such Writs , and Rights , as they would make use of ; and these being now produced , The Pursuer insisted . prim● Loco for Declaring his Right as to the Threave of Oats . It was alleadged , for the Defenders , absolvitor , because they had produced their Fews granted by the Abbots of Coldinghame , prior to the Pursuers Infeftment , free of any such burden . It was answered , The Defense ought to be Repelled , because the Pursuer has not only produced his own Infeftment , but his Predecessors , and Authors Infeftments , and his progresse to them . viz. The Infeftment granted to David Evin , of the Forrestrie , containing all the Duties a foresaid , which is before any of the Defenders Infeftments produced . It was duplyed for the Defender , that the Infeftment granted to the said David Evin is no original Infeftment , but bears , to be granted on his Mothers Resignation , and has no special reddendo , but only relative to the former Infeftments : And therefore , unless the former Infeftments were produced , or it were instructed , that the Resigner had Right , the Infeftment upon Resignation can operat nothing , especially never being cled with Possession , as to the Threaves of Oats in question● for there is great odds betwixt Infeftments granted by Kirkmen , who are but administrators of the benefices , and others , who have plenum dominium , so that Infeftments upon Resignation of Kirkmen are to be understood to confer no more Right than the Resigner had , and not to constitute any original Right where there was none before , in the same way , as Infeftments granted by the King , upon Resignation , are but periculo petentis , and give no Right further then the Resigner had , even against the King. It was answered , for the Pursuer , that his Reply stands relevant , and he produces sufficiently to instruct his predecessors Right ; for there is no Law nor Reason to compell Parties to produce the old Original Feus granted by Kirkmen , but Infeftments upon Resignation are sufficient , neither is the Case alike , as to the King , and Kirkmen , because things passe not by the King ex certa scientia , which no other can pretend ; but in this Case , declaring a Right granted by an Abbot , with consent of the Convent ; it must be considered what made a Right , the time that it was granted , when there was no more required then his Concession , with consent foresaid , which is sufficient against him , and his successors , neither can they pretend , that such grants are salvo jure suo . And if in matters so Ancient , Original Infeftments from Kirkmen behoved to be produced , that neither Precepts of clare constat , nor Infeftments upon Resignation were sufficient ; Few rights of Kirk-lands in Scotland , would be found valid . The Lords Repelled the Defense , in respect of the Reply , and found this Infeftment upon Resignation sufficient . Iohn and Ioseph Heriots contra James Fleming Messenger and Cautioners . January 19. 1666. JOhn and Joseph Heriots having obtained Decreet before the Lyon , against James Fleming Messenger , and his Cautioners , depryving the Messenger upon Malversation ; in so far , as being imployed to execute a Caption , he had taken the Debitor , and had Denounced , and Appryzed his Lands , and suffered the Debitor to escape , and would not subscribe the Decreet of Appryzing , whereupon he was depryved , and decerned to pay 500. merks , conform to the Act of Parliament 1587. cap. 46. And both he , and his Cautioners were decerned to pay the Sum , as Damnage , and Interest to the Pursuer . They Suspend , and alleadge , that the Decreet is null , in so far as it was pronounced by the Lord Lyon , without the concourse of the Heraulds , which is required by the said Act. 2dly , Albeit the Lyon be impowred to deprive Messengers by the said Act , yet their Cautioners are not under his jurisdiction , nor the damnage , and interest of Parties by Messengers malversation , which is only competent to the Judge ordinary . It was answered to the first , oppons the Decreet wherein the Cautioners compeared , and so acknowledged the Lyons Jurisdiction as he then sat , likeas the Decreet it self bears to be by the Lyon , with the Heraulds . To the Second . The Cautioners having enacted themselves in the Lyons Books , they have made themselves lyable , and for the damnages , they are consequent to every Jurisdiction ; and the Lyons have been constantly in use to determine the same , as to this Point . The Lords were of different judgements , for they thought , that by the Act of Parliament , the Lyon had no such power , but as to long Custom , some thought it was sufficient to give that power , and there was no inconveniencie , seing his Decreets might be Suspended . Others , thought that Custome being clandestine , and without the contradiction of Parties , who might voluntarly submit themselves to any Authority , could not be sufficient . The Lords Ordained before answer , the Lyons Books to be produced , to see if there were such a Custome , before it were decided , and how far that Custome would work . Christian Braidie contra Laird of Fairney January 20. 1666. CHristian Braidie , having pursued a Reduction of a Disposition , ex capute inhibitionis , against the Laird of Fairney , of all Dispositions made by John Glasfoord to him , after her Inhibition , he produced a Disposition , Holograph , wanting Witnesses , of a Date anterior . It was alleadged , that the Holograph writ could not prove its own Date , contra tertium . The Lords , before answer , ordained Fairney to adduce Witness , and adminacles , for astructing the Date , he adduced fo●● , the Town Clerk , who deponed he dyted the Disposition , and a Town Officer , who saw it subscribed of the Date it bears , and a third , who deponed he saw it subscribed on a Mercat day , at Coupar , which , as he remembred , was in March or Apryl , 1652. Whereas the Date bears the first of August , 1652. But that Glasfoord , when he wrot it , layed it down upon the Table beside himself , and saw it not delivered , and it being alleadged , that the first of August 1652. fell upon a Sunday . The Lords considering , that Infeftment was not taken upon the Disposition for three years , and that there was no Witnesses deponed upon the delivery , found the Witnesses adduced , not to astruct the Date of the Disposition , and therefore reduced the same . Clappertoun contra Laird Tarsonce . Eodem die . CLappertoun raises a Declarator against Tarsonce , for declaring an Appryzing at his Instance , against the Pursuer , to have been satisfied within the legal , by payment of the sums by the Debitor , or by Intromission with the Mails and Duties , either within the seven years of the first legal , or within the three years thereafter , during which , by the late Act of Parliament , Appryzings not expired in Anno 1652. were declared Redeemable , or by Sums received from such as bought from the Appryzer , a part of the appryzed Lands . It was alleadged absolvitor from that member , of satisfaction by the intromission during these three last years ; because the Act of Parliament does not expresly prorogat the Reversion , but declares the Lands Redeemable within three years ; but does express nothing to whom the Mails and Duties shall belong , which cannot be imputed against the Appryzer , to satisfie the Appryzing , because he enjoyed them as his own , the Apprizing by the Law then standing , being expyred ; & bona fide possessor facit fructus consumptos suos , and therefore a subsequent Law cannot be drawn back , to make him compt for that which he might have consumed the more lavishly , thinking it his own . It was answered , that Appryzings were odious , being the taking away the whole Right of Lands , for a sum without proportion to the true value ; and therefore all Acts retrenching them , ought to be favourably interpret , especially where the Appryzer gets all his own ; and therefore the Act declaring them Redeemable , must be understood in the same case as they were before , and that was either by payment , or intromission . The Lords Repelled the Defense , and sustained the Declarator , both as to payment and intromission ; and as to the sum , the Appryzer got for a part of the Land sold by him Irredeemably after the seven years legal was expyred . And seing the Acquirer of that Right was called ; they found it also Redeemable from him upon payment of the pryce payed for it , cum omni causa , and he to be comptable for the Rents , unless the Pursuer would ratifie his Right , as an irredeemable Right ; in which case the price should be accounted as a part of the sums appryzed for Lord Rentoun contra Feuars of Coldinghame . Eodem die . THe Lord Rentoun insisting in the Declarator of his Right of the Office of Forrestry , and of a Threave of Corn with the Fodder , whereof mention is made , Ianuary 17. The Defenders proponed a second Defense , viz. That the Pursuer shewed no sufficient progress from David Ellen : but only an Infeftment granted by Ianet Ellen , Davids Daughter , and so the Pursuers Goodsir upon Ianets own Resignation ; and albeit there was a Precept of clare constat , produced by the Abbot in favours of Ianet , yet no Seasine followed thereupon ; so that Davids Infeftment was not established in the Person of Ianet ; and consequently could not belong to this Pursuer , and the Defenders having gotten their Fews immediatly after Davids Right free of this Burden ; the Right could not be declared , till it were established in the Pursuers Person : and if he should now infeft himself , the Interruption on the Act of Prescription upon the Summons , lybelling upon Davids Right , and the progress produced from David , would fall . It was answered , that the Abbot having granted the Infeftment to Ianet , upon her own Resignation ; yet bearing to be expresly to her , as heir to David : It was equivalent to a Precept of clare constat , which does not necessarly require the ordinar form , but a Charter infe●ting such a Person , as heir to such another , who was before infeft , would be as valide ; so that in this infeftment of Ianets , all being materially included to establish Davids Right in her Person , she being acknowledged heir to David , albeit it be upon her own Resignation , utile per inutile non vitiatur . The Defenders further alleadged absolvitor , because by several Acts of Parliament , infeftments of Kirk-lands before the Reformation , are required to be Confirmed by the Pope , or the King thereafter . Ita est , this is Confirmed by neither before the Feuers Right : And by another Act of Parliament , it is declared , that the first Confirmation , with the last Feu , shall be preferred . Ita est , the Defenders has the first Confirmation . It was answered , that no Law , nor Act of Parliament , required Confirmation of an Office ; neither was any Confirmation absolutely necessar before that Act of Parliament ; but the Kirk-men might always have Feued without diminution of the Rental of the Lands , as they were the time of the feu ; but that Act was made , in regard that at the time of Reformation , the Kirk-men being out of hopes of preserving of Monasteries , and Kirk-lands , did Feu them to their nearest Friends ; and therefore the foresaid Act , as being correctory of the common Law , ought not to be extended to any thing , but what is exprest in the Act , which is only Feues of Kirk-lands ; and so would neither extend to an Office , as a Baillirie , Forrestrie , &c. nor yet to a Pension , or Annualrent : neither would it extend to Infeftments , by Kirk-men , Ward , such as most of the Infeftments of this Abbacy , and many others are . And seing Confirmation was not requisit , but the Feu it self was sufficient alone , the last Act preferring the first Confirmation , takes no place , which can only be understood where Confirmations are necessar . It was answered for the Defenders , that albeit an Office requires no Confirmation , where there is nothing given but the Office , and Casualities thereof ; Yet where there is a burden upon Lands given therewith , such as this Threave of Oats out of every Husband-land , being far above the proportion of a suitable Fee for the Office , there being above 111. Husband-lands in the Abbacie , and some Forrester-lands following the Office , besides other Casualities , Confirmation is necessar , or else the Abbots might have eluded the Law , and exhausted the Benefice . It was answered for the Pursuer , that he oppones the Acts of Parliament , requiring only Confirmations of Kirklands ; and albeit the Duties , of this Office affects the Lands nihil est , for if the Abbay had Thirled the Lands of the Abbacy to a Miln without the Abbacy : for a Thirled Duty of a far greater value then the Duties of this Office , the constitution of that Thirlage required no Confirmation . The Lords Sustained the Pursuers progress , and Repelled the first Alleadgence , and also Repelled the last Alleadgence , and found no necessity of Confirmation of the Office , and Duties thereof aforesaid , whether the samine were holden Feu , or Ward : but did not cognosce , whether the same was Feu , or Ward , &c. albeit that was contraverted : neither whether Infeftments of Kirk-lands , holden Ward , needed Confirmation or no. ●contra Earl of Kinghorn . Ianuary 23. 1666. 〈…〉 having pursued the Earl of Kinghorn , upon a Bond granted by his Father . He proponed Improbation , by way of Exception , which was sustained , and a Term assigned to prove , and that same Term to the Pursuer to bide by his Bond. The Defender supplicat , that seing the Act was not extracted , albeit the Term was come , that he might have yet liberty to propone payment . It was answered , he could not , because exceptio falsi est omnium ultima , after which no other could be proponed , much less after the Term was come , and the Pursuer come to bide by the Write . Yet the Lords sustained the Defense of Payment . Colonel James Montgomery and his Spouse contra Steuart . Ianuary 24. 1666. MArgaret Mcdonald and Colonel Iames Montgomery her Spouse , pursue a Declarator against Steuart , Oye and appearand Heir to umquhil Sir William Steuart , to hear and see it found and declared , that umquhil Dam Elizabeth Hamiltoun , Spouse to umquhil Sir William , had Right to certain Bonds and House-hold Plenishing from Sir William , and that the said Margaret had Right thereto , from the said Dame Elizabeth , by her Assignation , and that the sums , and Goods were Moveable , and thereby the Assignation granted thereto , albeit on death-bed , was valid . It was condescended on , that the Bonds were Moveable by a Charge of Horning . It was answered , that the Charge was but against one of the Cautioners , which was not sufficient to make it moveable . The Lords Repelled the Alleadgence . Eleis of Southside contra Mark Cass of Cockpen : Eodem die . ELeis of Southside pursues Cass , as Heir to Mr. Richard Cass , or as being charged to enter heir to him . Compearance is made for Cockpen , who was a Creditor to the Defender , and had appryzed his Lands ; and alleadged no Process , because the Pursuer pursues as Assigney ; The Assignation being his Title , is posterior to the Charge to enter Heir , or Summons which are raised , not in the Cedents Name , but in the Assigneys . It was answered for the Pursuer , that Cockpen could not object this , because he was Curator to the Pursuer , and had appryzed the Lands , and proponed this alleadgence of purpose , to exclude this Pursuer , from coming in within year and day , because , it this Summons were cast ( the Defender being now out of the Countrey ) before a new Charge to enter Heir , could proceed upon 60. dayes , and Citation upon 60. dayes , and the special Charge upon 60. dayes , the year would elapse . It was answered , that Cockpen had never acted as Curator , and that this Summons was raised by the Pursuer himself , after his Majority , who was Major more then a year ago . It was answered , that the Pursuer had but very lately recovered his Writs from his Curators , though he used all Diligence , and was forced to transume against some of them . The Lords sustained the Summons , in respect Cockpen had been Curator , and so near the time of Minority . Earl of Eglingtoun contra Laird of Cuninghame head . Ianuary 27. 1666. THe Earl of Eglingtoun pursues the Laird of Cuninghame-head for the Teinds of his Lands , conform to a Decreet of Valuation . The Defender Alleadged absolvitor , because he bruiked by vertue of a Tack , at least by tacit Relocation , which must defend , ay and while the famine be interrupted by Inhibition , or Process . It was replyed , the Pursuer produces Inhibition , and craves only the valued Duties for the years thereafter . It was answered , the Inhibition is direct to Messengers at Arms , and is only execute by a Sheriff in that part . It was answered , that it was sufficient , seing the Letters bore Messengers , Sheriffs in that part . The Lords found the Inhibition sufficient , to interrupt the tacite Relocation . Iean Crichtoun and Mr. Iohn Eleis her Husband contra Maxwel of Kirk-house . Eodem die . JEan Crichtoun being Served to a Terce of certain Lands belonging to her first Husband Maxwel of Kirk-house , pursues for Mails and Duties . It is alleadged absolvitor , because the Pursuer hath a competent Joynture , more then the third of her Husbands Estate , as then it was ; and a Provision of Conquest : and albeit it be not expresly in satisfaction of the Terce ; yet it is but a minute , bearing to be extended , and there is a Process of Extension thereof depending : and therefore it ought to be extended with such Clauses as are ordinar in such cases , and this is most ordinar , that competent Provisions use to be in satisfaction of the Terce . It was answered , that the Extension could not be with alteration of any substantial Point , such as this , but only as to Procurators of Resignation , Precepts of Seasine , &c. And to show that it was not Kirk house , his meaning , that the Infeftment should be in satisfaction of the Terce ; the Infeftment it self produced , being extended in ample Form , does not bear to be in satisfaction . The Lords Repelled the Defenses , and found the Terce competent in this Case . Colonel James Montgomery contra Steuart . Eodem die . IN the Declarator betwixt these Parties mentioned the 24. day Instant . It was alleadged that the Plenishing , and Moveables could not be declared to belong to the Pursuer , by vertue of Dam Elizabeth Hamiltouns Disposition , in so far as concerns the Moveable Heirship , in respect it was done on Death bed , and could not prejudge the Defender , who is Heir , even as to the Heirship-moveable . It was answered , that the said Dam Elizabeth being Infeft neither in Land , nor Annualrent in Fee , could have no Heirship . It was answered , that her Husband and she were infeft in certain Lands by Hoom of Foord , which were Disponed to her Husband ▪ and her in Conjunct-fee● and to the heirs of the Marriage , which failzing , to whatsoever Person the said Sir William should assign , or design . And true it is he had assigned that Sum to his Lady , whereby she had Right of the Fee , and so might have heirship . The Lords found that this Designation made the Lady but Heir appearand , or of Tailzie , whereupon she was never Infeft : and by the Conjunct-fee , she was only Liferenter ; and that the Assignation to the Sums and Right , gave not her heirs any heirship moveable . Heugh Dollas contra Frazer of Inveralochie . Ianuary 31. 1666. SIr Mungo Murray having by the Earl of Crawfords means , obtained from the King a Gift of the Ward , and Marriage of Frazer of Streichen his Nephew , he did assign the Gift to Mr. Iames Kennedy , and he to Heugh Dollas , before it past the Scals ; and at the time that the Gift was past in Exchequer , the same was stopt until Sir Mungo gave a Back-bond , bearing , that he had promised at the obtaining of the Gift , to be ruled therein at the Earl of Crawfords discretion , who by a Declaration under his hand , declared that the Gift was purchast from the King , for the Minors behove , and that only a gratuity for Sir Mungo's pains , was to be payed to him ; and that the Earl Declared , he allowed Sir Mungo 5000. merks . There was a second Gift taken in the name of Sir William Purves of the same Ward , and Marriage . Heugh Dollas pursuing Declarator of the double avail of the Marriage , because there was a suitable Match offered , and refused . Compearance was made for Sir William Purves ▪ and the Lord Frazer his Assigney , who declared that their Gift was to Streichans behove , and alleadged that the first Gift could only be declared as to 5000. merks . contained in the Earl of Crawfords Declaration , because of Sir Mungoes Back-bond , the time of passing of the Gift . It was answered , First ; That Sir Mungoes Back-bond , and the Earl of Crawfords Declaration , could not prejudge the Pursuer , who was a singular Successor to Sir Mungo ; especially , seing it is offered to be proven , that the Gift was assigned , and intimate before the Back-bond : after which , no Writ subscribed by the Cedent could prejudge the Assigney . It was answered , that the said Assignation being of the Gift , when it was an incompleat Right , and only a Mandat granted by the King , could not prejudge the Back-bond , granted at the time the Gift past the Exchequer , and Seals ; for then only it became a compleat Right , and notwithstanding of the Assignation , behoved to pass in the Donatars Cedent ; his Name ; so that his Back-bond then granted , and Registrat in Exchequer , behoved to affect , and restrict the Gift , otherways all Back-bonds granted to the Thesaurer , and Exchequer , might be Evacuat by anterior Assignations . It was answered ; that this Back-bond was granted to the Earl of Crawford , then , but a private Person , and hath not the same effect , a● a Bond granted to the Thesaurer . The Lords found this Back-bond granted at the passing of the Gift , and Registrat in the Books of Exchequer , to affect the said Gift , and therefore restricted the Declarator thereto . In this Process it was also alleadged that the first Gift was null , bearing the Gift of the Ward , and Marriage to be given upon the Minority of Streichen , and the Decease of his Father ; and the second Gift buire , to be upon the Minority of Streichen , and the Decease of his Goodsire , who dyed last Infeft , his Father never being Infeft . It was answered , that the Designation was not to be respected , seing the thing it self was constant , and that the Fathers Decease , albeit not Infeft , was the immediate cause of the Vaccation ; seing the Oye could have no interest , until the Father , though not Infeft , were dead . The Lords forbore to decide in this , seing both Parties agreed that the 5000. merks should be effectual , so that it was needless to decide in this ; which , if found Relevant , would have taken away the first Gift wholly . Colonel Cuningham● contra Lyll . Feb. 1. 1666. IN a Competition between Colonel Cuninghame and Lyll , both being Arresters , and having obtained Decreets , to make forthcoming in one day ; and Colonel Cuninghams Arrestment being a day prior , he alleadged he ought to be preferred , because his Diligence was anterior , and his Decreet behoved to be drawn back to his Arrestment . It was answered for Lyll , that it was only the Decreet to make forthcoming , that constitute the Right ; and the Arrestment was but a Judicial Prohibition , hindering the Debitor to Dispone , like an Inhibition ; or a Denunciation of Lands to be appryzed , and that the last Denunciation , and first Appryzing would be preferred : So the Decreet to make forthcoming is the judicial Assignation of the Debt , and both being in one day , ought to come in together . It was answered , that in legal Diligences prior , tempore est p●tior jure , and the Decreet to make forthcoming is Declaratory , finding the sum arrested to belong to the Arrester , by vertue of the Arrestment : and as for the Instance of Appryzings , the first Denunciation can never be postponed , unless the Diligence be defective ; for if the first Denuncer take as few days to the time of the Appryzing as the other , he will still be preferred . The Lords preferred the first Arrester , being equal in Diligence with the second . contra Mr. John and Henry Rollocks . Eodem die . IN an Exhibition of Writs , it was alleadged that Mr. Iohn and Henry Rollocks , being Advocat ; and Agent in the Cause , was not oblieged to Depone in prejudice of their Clients , or to reveal their secrets ; but they ought to pursue their Clients ; for a Servant , Factor , or Person intrusted with the custody of Writs , ought not to be Examined in prejudice of their Constituent , unless it were as a Witness . It was answered , that their Client was called . In respect whereof , the Lords ordained the Defenders to Depone concerning the having of the Writs . Fodem die . AN Executor Dative , ad omissa & mala appretiata , pursuing the principal Executrix , and referring the Goods omitted , and Prices to her Oath : She alleadged that she had already Deponed at the giving up of the Inventar , and could not be oblieged to Depone again . The Lords ordained her to Depone , seing she might have intrometted after , and more might have come to her knowledge of the worth of the Goods , or a greater price gotten therefore . Arch-bishop of Glasgow contra Mr. James Logan . Eeb. 6. 1666. THe Arch-bishop of Glasgow pursues a Declarator against Mr. Iames Logan , for declaring he had lost his place , as Commissar Clerk of Drumfreis , because he had deserted his place , and gone out of the Countrey , and because he was a Person insolvent , and denunced Rebel , and had lifted a considerable Sum for the Quots of Testaments , which he had taken with him , and not payed . It was answered that the Defender had his Gift from the former Arch-bishop , with a power of Deputation , and that his place is , and hath always been served by a Depute ; and therefore , neither his absence , nor his being Denunced for Debt , can annul his Gift , or hinder him to Serve by his Deput . It was answered , that the principal Clerk , not having , personam standi in judicio , his Depute cannot sit for him , who could not sit himself , and that he being absent out of the Countrey , for a considerable space , must be esteemed to have Relinquished his Place . The Lords found the Defense Relevant upon the p●wer of Deputation , which they found not to be annul●e● by his absence , or denunciation , sine crimine . Livingstoun contra Begg . Eodem die THomas Begg having granted a Bond to Livingstouns his Wife , bearing , that in respect he thought it convenient that they should live a part , he oblieged him to pay her a certain Sum of Money yearly for her aliment , and oblieged him never to quarrel , or recal that Obligation , being charged thereupon , he Suspends on this Reason , that it was donatio inter virum & uxorem , and so he might recal the same , and now offered to Cohabite with his Wife , and aliment her according to his Means . It was answered , that he had Renunced that priviledge , in so far as he had oblieged himself , never to Recal , or come against this obliegment . It was answered , that though he had expresly Renunced that priviledge , yet the Renunciation was donatio inter virum & uxorem , and he might therefore Recal , and come against both . The Lords found the Reason of Suspension , and Reply relevant in time coming : but not for the bygone time ; during which , the Wife had actually lived a part , and alimented her self . Laird of Dury contra The Relict and Daughter of umquhil Dury his Brother . Eodem die . DVry being Served Tutor of Law to his Brothers only Daughter , pursues her Mother for delivery of her to be Educat by her Tutors . It was alleadged , that he was to succeed her , and so could not have the Custody of her Person . 2. That she was but nine years old , and her Mother unmarried , and so she was the fittest person to Educate her ; especially seing she was the only living Child of many , and so not likely to be lively . It was answered , that the Tutor insisted not for the custody of his Pupil himself , but condescended on several Persons , with whom she might be Educate ; and alleadged , that she having 40000. pounds of Provision out of the Family ; there was no Reason she should be keeped by her Mother , and Disposed of at the pleasure of her Mothers Friends . The Lords Decerned the Child to be delivered to Mr. Alexander Gibson , one of the Clerks , to be Educate with him : but superceeded Execution of the Sentence , till Whitsonday come a year , that she might be delivered to her Fathers Friends , before she was eleven years old , and could have any thoughts of Marriage . Watson contra Fleming . Eodem die . THere being an Infeftment of Annualrent granted out of Lands , and Teinds , and an Assignation to the Teind Duties , in so far as extended to the Annualrent . The Teinds , and Lands were thereafter appryzed from the common Author , before the Annualrenter had obtained Possession by his Real Right , of the Annualrent , but only by his Assignation to the Teind Duties . It was alleadged by the Appryzer , that the Assignation to the Teind Duties could give no longer Right then the property thereof remained in the Cedents Person ; which Ceasing by the Appryzing , the Assignation ceased therewith , as is ordinarly , and unquestionably sustained in Assignations to Mails and Duties of Land. It was answered , that there was great difference betwixt Lands , which require Infeftment to transmit the same , and Teinds which require none , but are conveyable by an Assignation ; for if this had been by an Assignation to the Tack of Teinds , protanto , it would have been unquestionably valid ; and therefore being an Assignation to the Teind Duties , it is equivalent as a Disposition to Lands , which would carry the Right of a Reversion , though not exprest , and though there were no more to Dispone but the Reversion only . It was answered , that if the Assignation had been to the Teinds : That is to the Right , or if it had been to the full Teind Duty in the Tack , or of certain Lands ; then the case might have been dubious ; but being , not of the Teind Duties of any particular Lands , but out of the first and readiest of the Teinds of several Lands , it was not habilis modus . Which the Lords found Relevant . Town of Glasgow contra Town of Dumbarton . Eodem die . THere being mutual Declarators , one at the Instance of the Town of Dumbarton , for Declaring that they had Right by their Infeftments , that all ships coming within Clyde , should make their Entries at Dumbarton , and that they should pay Anchorage , for all Ships Anchoring in the River of Clyde , being within their Infeftment , even from the Water of Leven , to the head of Lochluny , within which bounds is the ordinar station of New-wark , Potterig and Inchgrein , and above which , no Vessel above 24. Tuns goes up Clyde ; and likewise for the Measurage , whereby all Ships casting Anchor there , took the Firlots of Dumbarton and measured with , payed 8. pennies of the boll therefore ; and Weightage , which is a Duty for their Weights : and also Tunage , being so much out of every Tun of the Burden of each Ship. And on the other part , Glasgow pursues Declarator of their Liberty to Traffick freely in the River of Clyde ; and to make Entry at their Burgh , and to be free of any such burden at Dumbarton . The Lords before answer having ordained either Party to adduce such Writs , and Witnesses as they will make use of in the Cause , for instructing these Burdens , the Possession thereof , Interruptions of the same , and Liberty therefrom ; which all being adduced , Dumbarton produced their original Charter , Erecting them in a free Burgh , by King Alexander , in Anno 1221. and another Charter also by King Alexander , repeating their Priviledges of Burgh , as free as Edinburgh , or any other Burgh within the Kingdom , cum custumiis & teloniis ; and also a Charter in Anno 1609. Ratifying the former Charter , and particularly expressing all these Burdens in question , in the novodamus thereof ; and also produced their Entry Books , bearing , the Merchants of Glasgow to have Entred their Ships at Dumbarton , and to have taken the measures of Dumbarton , for measuring their Salt , and to have payed the Duties thereof , and obliging themselves to make use of no others these Voyages , begining at the year 1616. and continuing till the year 1657. in the beginning whereof , there was ordinarly one Ship every year , and thereafter several Ships every year . Glasgow did also produce their ancient Infeftments by King Alexander , mentioning a prior Infeftment by King William , Erecting them into a free Burgh , with their Books of Entries , of several Ships , for divers years , with an Interlocutor of the Lords , in Anno 1609. wherein Dumbarton having charged for all the Duties now in question . Glasgow Suspended , and Dumton insisted for none of these in question , but only for Entries ; and the Lords found , that the Merchants of Glasgow might either Enter at Glasgow , Dumbarton , or any other free Burgh where the Kings Customers were , and might break bulk there , with a Contract between Dumbarton and Glasgow , in Anno 1590. oblieging them to concur against unfree-men , and not to break bulk upon the River , but in their Towns ; and in case of any difference , six of each Town to meet at Ranfrew , and decide the same , and thereupon alleadged , that they being a free Burgh , and having the precedence of Dumbarton , both in Parliament , and so acknowledged by the said Contract , and enjoying equal , and free Trade in the River of Clyde , without any such Burden , whereof no mention is made in the foresaid Contract , and being charged for , in Anno 1611. there was not so much as an alleadgence of any Possession of Dumbartons of these Dues at that time , and the Entry decerned to be free at either Town ; and therefore they alleadged , that their Priviledge of Trading as a free Burgh , ought to be declared , and they assoilzied . It was answered for the Town of Dumbarton , that they had good Right to these Duties , by His Majesties several Infeftments , granted to them ; for the King having power to impose petty Customs , not only in Ports built , and preserved by Industry , but in Stations , and Rivers , Creiks and Bays , as is the Custom of all Kings and Princes , such are the Customes upon the Rivers of Rhyne , Garonnie , Thaimes , and others , to all Ships that anchor there , or pass that way : and whereof , there are severals in Scotland , as the Tunnage , due to Edinburgh of all the Ships breaking bulk at Leith : and the petty Customs of Alloway , Cockenie , and other places . 2ly . Albeit the Kings grant were not sufficient alone , yet being cled with immemorial , or 40. years Possession , instructed by Witnesses , and the Books of Entry , it is more then sufficient . It was answered for Glasgow , to the first , That petty Duties imposed for Ports , having a mutual Cause , may be appointed at any time by Kings and Princes ; it being free to these who are burdened therewith , to come in to that Port , or not : they also appoint petty Customs to be payed to any City , for Goods Imported , and sold there , in consideration of the upholding of their Harbours , and Mercats , as the Tunage of the Harbour of Leith , or anchorage at any Shore , where anchorage is casten upon the Land , or any Goods laid out upon the Land , or where Imposition for anchorage , or other Dues in a River , or Station , hath been approven by long Custom , and acquiescence ; but where Burghs Royal , have not only by their priviledge of Trading , but by immemorial Possession , prescribed a liberty of making use of Stations , without burding ; no Right granted , or Impetrat by any Party in prejudice thereof , if it be quarrelled before Prescription can take away the liberty of Trading : Nor is the Kings Gift any way to be understood , but periculo petentis : and Dumbartons second Charter did expresly bear , that these petty Customs were due , and accustomed before ; so that the Kings express meaning is , not to Gift them de nova , or to impose a servitude in their favours , upon a far more eminent City then themselves . And as to the Point of Possession , nothing is proven thereanent , till the year 1616. and then it is neither universal , seing more Entered at Glasgow , then at Dumbarton ; nor is it peaceable , nor voluntar , nor is it continual , but interrupted ; and albeit it were uninterrupted , yet it is but by single Persons , which cannot infer a Servitude upon the Burgh , and if the Kings Gift be periculo petentis , and be surrepticiously impetrat upon a false Narrative , no Possession can validat it , as no Possession of it self , without a Title , could infer such a Servitude . The Lords having considered the Depositions of the Witnesses , Books of Entry , and the hail Writs produced ; they found that the alleadgence against Dumbartons Declarator , as founded upon their Charters , without Relation to Possession , was not Relevant , and that the first Charter could not extend to these particulars , not being exprest , unless it had appeared that they had been in immemorial Possession , before the second Charter , and the interruption by the Suspension , raised by Glasgow , and the Lords Interlocutor thereupon● in Anno 1611. for albeit Immemorial , or 40. years Possession immediatly preceeding , might have presumed Possession continually before , since the first Charter ; yet they found that Interruption , or Suspending that particular in question , and no alleadging of Possession by Dumbarton then ; but on the contrair , an Interlocutor , as to the liberty of Entry at Glasgow , takes off that Prescription : And likewise they found , that there was nothing proven as to 40. years Possession , save only 13. sh. 4. d. for the Anchorage of each Ship , and 8. d. for the use of Dumbartons Measures of Salt , for each Boll : and seing that Possession was also proven to be Interrupted , in that several Ships of Glasgow Resisted , and came away free , and that they had several Salt Measures of their own there . Therefore they found the Charter not validat by 40. years Possession uninterrupted , and Assoilzie from Dumbartons Declarator , and Declared upon Glasgows Declarator of Liberty . Earl of Panmuire contra Parochiners . Feb. 7. 1666. THe Earl of Panmuire having Right to the Abbacy of Aberbrothick , pursues for a part of the Teinds thereof . It was alleadged absolvitor , because they had possest their Land 40. years free of Teind to any body : and by the general Act of Prescription , all Right prescribes , not pursued within 40. years , and so doth the Right of this Teind . It is answered , that the Right of Teind is founded on Law , and not upon any particular , or privat Right ; and therefore , albeit in the case of Competition of private Parties , pretending Right to Teinds . One Right may be excluded by another ; yet the Teinds themselves must always be due , except where the Lands are decimis inclusis , and did belong to priviledged Church-men of old , such as the Cistertian Order , or Templars , Manse , or Gleibs . The Lords Repelled the Defense , in respect of the Answer , for they thought , albeit the bygones of the Teind preceeding the 40. years , might prescribe ; yet the Right of Teind could not , more then Customs could prescribe , if they were neglected to be Exacted for fourty years , or a Feu-duty . Ker contra Hunter and Tennents of Cambo . Feb. 8. 1666. THe Tennents of Cambo raise a Double-poinding against Ker , and Hunter , both being Infeft in Annualrents , base , where the last base Infeftment within a month of the former , being cled with Possession , by a Decreet of poynding the Ground , a year after both , and no Diligence on the first . The Lords preferred the last Infeftment , as first cled with Possession . It was further alleadged , that this Annualrenter had accepted a part of the Land in satisfaction of his Annualrent . It was answered , that there was Write there required , viz. a Renunciation of the rest , and till that was done est locus penitentiae . The Lords considering the Case , found that if the Promise were only to restrict the Annualrent to a part of the Land burdened therewith , it was pactum liberatorium , and there was not locus penitentiae ; but if it was a Promise to accept other Lands , or the Property of a part of the Lands burdened , there was locus penitentiae , till the mutual Rights were subscribed , whereby the one Party disponed the Property , and the other the Annualrent . The Heretors of Johns Miln contra The Feuars . Feb. 9. 1666. THere being an old Thirlage of a Paroch , which was a part of the Barony of Dumfermling , to Iohns Miln , the Feu of the Miln being first granted by the Abbot of Dumfermling , and the Feu of the Land thereafter : there is a Decreet in Anno 1610. pronounced by the Chancellor , as Lord of the Regality , decerning all the Feuars to pay the five and twenty Curn of all Grains that they brought to the Miln , and a greater of that they Abstracted . The Feuar of the Miln pursuing for Abstracted Multures , and for instructing the Quota , producing this Decreet . It was alleadged for the Defenders , that they offered them to prove that , past memory of man , at least 40. years bygone , they have been constantly in use to pay five Bolls of Bear in satisfaction of all Multure ; and so can be lyable for no further , they having prescribed their liberty from any further . 2ly . That no respect ought to be had to the Decreet , in so far as it Decerns a greater quantity for the Corns Abstracted , then for these grinded , which is without all Reason ; especially seing this is but a Burn Miln , and not sufficient for the Thirle . 3ly . They offer them to prove , that the Miln was insufficient , the years pursued for , and no ways able to serve them , and the rest of the Thirle , as being but a Burn-miln , dry in Summer , and not having Water enough in Winter . It was answered for the Pursuer , to the first , that they offered them to prove , they were in Possession of the Multure Lybelled within these 40. years , at least that any lesser Duty was accepted by a particular Paction for a time only . To the second , opponed the Decreet standing , against which there has neither been Suspension , nor Reduction , nor any ground for the same . for its like the coming to the Miln frees them from a greater quantity , for abstraction . And seing the Quota is but the five and twenty Curn , far below the ordinar Thirle Multures ; it was very reasonable , that the samine being abaited to a less quantity , they should pay a greater if they came not . As to the insufficiency of the Miln , it was answered non Relevat , unless it were through the default of the Pursuer , or his Millers , for they being astricted to a Burn Miln , what defect is therein , without the Pursuers fault , cannot louse the Restriction . The Lords found the Replys Relevant , unless the Defenders condescended upon an insufficiency , through the Pursuers fault . Here occurred to the Lords , whether the Feuars could by Possession , prescrive their liberty as to a lesser Multure , seing the Possession of a part of the Multure was sufficient to exclude Prescription , as to the whole : some thought , if the Multure had been a certain Quota in the Infeftment of the Miln : Possession also not of the hail , would hindred Prescription of any part ; but if the Infeftment of the Miln , was only with the Multures used , and wont , and that the speciality was but by a Decreet , as the use and wont : that in that case , use and wont might change . Others thought not , but in respect the Pursuer insisted not on that Point , but offered to prove Possession , conform to the Dec●eet within these 40. years . The Lords decided not that Point . Here also it was alleadged , that by an Act of the Court of Dumfermling , the Defender consenting , at least present , it was Enacted , that such of the Defenders as could not be served , might go to other Milns . The Lords found this alleadgence only Relevant , that it was by consent of the Pursuer , or his Authors , but left it to be the Defenders● after production , to qualifie what way the consent was given ; but that his presence and silence was not enough . The Collector of the Vaccand Stipends contra Parochioners of Mayboll , and Girvane . Feb. 10. 1666. THe Collector of the Vaccand Stipend , having charged the Heretors of Mayboll , and Girvane , for the Stipend due by them , the year 1663. They Suspend , and produce the Ministers Discharges , who served these years , and alleadged they made payment bona fide , before this Charge . It was answered , they were in mala fide by the Act of Parliament , of the last Session of Parliament , declaring the places of Ministers , Entred since 1649. to be Vacant , if they had not obtained Presentation , and Collation conform to the Act. It was answered , that the foresaid Act was not simple , but conditional , if they had not obtained Presentation and Collation ; and there was nothing oblieging the Parochioners to enquire whether they had done that , which by the Law they were oblieged to do ; but seing there was no Charge against them by the Collector of the Vaccand Stipends , and that the Patron , or Ordinar did not present another ; but suffered the then Incumbents to preach all that year , they were in bona fide , to think that they might pay them for the time they Served . It was answered , there was a Decreet produced against the same Ministers , for the year 1662. and therefore they could have no Right to the year 1663. The Lords found the Reason of Suspension Relevant and proven notwithstanding of the Answer ; because the Decreet was not against the Heretors , and was but obtained in 1664. after they had made payment of the year , 1663. The Minister of North-Leith contra Merchants of Edinburgh . Eodem die . THe Minister of North-leith having pursued some Merchants of Edinburgh Importers of Herring , of dry Fish , Killing , and Ling , at Leith and New-haven , to pay twenty shilling of the Last of Herring , and the twentieth part of the Killing and Ling. It being alleadged , that such a burthen could not be allowable , because the Teinds was taken where the Fish was taken . 2ly . That it could only reach the Parochioners of North-leith , not the Merchants of Edinburgh . And , 3ly . That they had frequently Traded free of such a Burden . The Lords having ordained the Pursuer to adduce Evidences by Writ , or Witnesses , what Possession they had , and the Defenders what liberty they had ; and having heard the Testimonies of the Witnesses , with an old Decreet for the same particulars , but not against the Merchants of Edinb●rgh , nor for dry Fish , they found 40. years Possession , proven of the said Burthen , and therefore Decerned . The Laird of Wedderburn contra Wardlaw . Feb. 13. 1666. WEdderburn pursues a Reduction of a Feu granted to Wardlaw , ob non solutum canonem , by vertue of a Clause irritant in the Infeftment . The Defender offered to purge , by payment at the Bar , and alleadged several Decisions that it hath been so allowed . It was answered , that was only the case of a Reduction upon the Act of Parliament , declaring Feus null for not payment of the Feu Dutie , but where there is an express Clause irritant in an Infeftment , that cannot be purgeable at the Bar ; else such Clauses should be useless , seing without these , de jure , the Feu Duties behoved to be payed at the Bar ; or otherwise the Feu annulled . The Lords found , that there was a difference betwixt a Clause irritant , and upon the Act of Parliament , and so would not admit of purging at the Bar simply , unless the Defender condescended upon a Reasonable Cause , ad purgàndam moram , and therefore ordained them to Condescend . Archbishop of Glasgow contra Commissar of Glasgow . Feb. 14. 1666. THe Archbishop of Glasgow pursues a Declarator , or to hear and see it found and Declared , that Commissars ought to be persons qualified , and able to judge according to Law , and that if they be not , they might be deprived by the Act 1609. empowering the Bishops , then restored , to appoint able , and sufficient men , Commissars in all time coming ; and by the Act of Restitution 1661. whereby the like power is granted , excepting Commissars nominat by the King , unless he be insufficient , or malversant : and subsumes that Mr. William Fleming is not sufficient , nor qualified for that Place ; and also , that by the injunctions given to Commissars ; mentioned in the Act 1609. there is no place for Deputs , unless it were by special consent of the Bishops , and craves that it may be declared , that the said Mr. William may not Serve by a Depute . The Pursuer insisted on the first member . It was alleadged for the Defender , that he had his Place both from the King , and Bishop Fairfoul confirming the same with a Novo damus : and therefore , though he might have been questioned before the said Ratification , and new Gift ; yet now he cannot be questioned upon insufficiency , but only on Malversation , whereof there is no point alleadged , nor condescended on , nor is his insufficiency qualified by any Act of inorderly Process , or injustice committed by him now these five years , and as Bishop Fairfoul , who acknowledged him to be a fit , and qualified Person , by his Ratification could never quarrel him upon insufficiency , neither can this Bishop . 2ly . The Defender has his Place with power of Deputation ; and therefore having given eight thousand merks to the former Bishop for his Ratification , with power of Deputation , he cannot be questioned on his sufficiency , being able , per se aut per deputatum , and no Act alleadged of injustice . It was answered by the Pursuer to the first Defense , that albeit this same Bishop had admitted this Commissar , upon hopes of his Qualifications , yet if contrair to his expectation , it appears he is not qualified for so eminent a Judicature . He may justly quarrel him of insufficiency , as well as a Minister whom he ordained . 2ly . Though the same Person might not , yet his Successor in Office might , and is not bound to acknowledge what his Predecessor did by mistake , or otherwayes to the detriment of the Sea , which were in his option , without a Rule , or requiring Qualifications , as the naming of Commissars . To the Second , albeit Deputs were allowable , as they are not by the Injunctions , yet the principal Commissar , who must Regulat , and answer for them , must also be qualified , both by the Act 1609. and the exception 1661. which enervats both the Defenders Gifts . The Lords found that Member of the Lybel on the Qualifications , and sufficiency Relevant . My Lord Ley contra Porteous . Feb. 15. 1666. MY Lord Ley , having Right by progress to the Reversion of an old Wodset , uses an Order , and pursues Declarator thereupon . The Defender alleadged no Declarator , because by the Reversion , there is a Tack to be granted , to begin after Redemption , and to continue for so many years . It was answered , that Tack was null , and invalide , not only by Common law , as an usurary Paction , giving the Wodsetter more then his ordinary Annualrent , but by a special Act of Parliament , Ia. 2. Par. 1449. cap. 19. whereby such Tacks taken in Wodsets , to endure long time after the Redemption , for the half mail , or near thereby , shall not be keeped : and as by the late Act of Parliament , between Debitor and Creditor , it is provided , that where old Wodsets were granted before 1650. when annual was at ten for ilk hundreth , the Wodsetter may , upon offer of Caution for the annualrent , take Possession , unless the Wodsetter offered himself to be comptable for what exceeds his annualrent . It was answered for the Defender , that his Defense stands yet Relevant , notwithstanding the answer , for as to the old Act of Parliament , it is in desuetude , and it hath been the common custom to grant such Tacks in Reversions , which have still been observed , and were never quarrelled , neither are they usurary , seing the Tacksman has the hazard of the Fruits , and all burdens , so his Tack-Duty , how small soever , unless it were elusory , can be no usurary paction , more then taking Lands in a proper Wodset , which pay more then the true annualrent , which was never found usurary . 2ly . This Wodset is granted since that old Act , whereby the benefit thereof is totally past from . As to the new Act , the Clause bears expresly , that during the none Redemption , or none Requisition , the conditions therein shall take place , which cannot be extended to a Tack , to be granted after Redemption . It was answered , that the first Act bears , not only a Regulation of Wodsets already then granted , but to be granted , bearing expresly , who takes or has taken Lands in Wodsets , &c. and there is nothing in the Wodset to renunce the benefit thereof . As for the custom , Acts of Parliament are not derogat by custom of privat parties , a●quiescing in their agreements ; But the custom of the Lords by current Decisions . As to the last Act , it ought to be drawn , ad pares casus , and the Lands are not effectually Redeemed , till the Tack be ended . The Lords found the last Act no ground for annulling such Tacks , but found the first Act a good ground , if it were subsumed according to it , that the ●ands were set for half Mail or thereby . Lyon of Muiresk contra Gordon and others . Eodem die . JOhn Lyon of Muiresk , having obtained Decreet of Spuilzie of certain Goods , against Gordon and others , they suspend and alleadge the Act of Indemnity , that they took these Goods , being under the Command of the Marquess of Hunlly . It was answered , that the Charger was in friendship with the Marquels , and on his side , and so they cannot Cloath themselves with the Act of Indemnity , as done upon hostility . 2ly . The Act Indemnifies only Deeds done by Command , and Warrant of any pretended Authority ; but here no such Order is alleadged , It was answered , that Orders were not given in Writ , and if none get the benefit of the Indemnity , , but these can shew● or prove Orders , few , or none will enjoy it ; nor need the Suspenders to Dispute whose side the Charger was on ; seing they acted by Order . The Lords found , that it was sufficient to alleadge that the Charger was , the time of the Intromission , actually in Arms , and acted it with a Party , being then in Arms , but needed not prove their Order , or the application of the Goods to publick use ; but found it Relevant , if it were offered to be proven by the Suspenders Oath , that they had no Warrant , or Order , or pro ut de jure , that they applyed them to their own privat use , not for any publick use . Iames Borthwick contra Ianet Skeen . Feb. 16. 1666. JAmes Borthwick , having obtained Reduction of Ianet Skeens Liferent-right , as a non habente potestatem , obtained payment of a Terms Rent before the Decreet of Reduction . Ianet pursues for that Term , and alleadges that the Decreet of Reduction could not be effectual till it were pronunced , albeit it bear her Right to be null , ab initio , yet that is but stylus curiae . It was answered , that the Tennent payed bona fide , after Reduction obtained , and intimat to him , and that the Lords may ex arbitrio , find the effect of the Reduction , either to be asententia , Litiscontestation , or a Citation . In this Reduction the Lords Assoilzied the Tennent for this Term , though before Sentence . Earl of Winton contra Countess of Winton . Eodem die . THe Earl of Winton pursues a Reduction of an agreement made by his Tutors and Curators with my Lady , giving her a certain Duty for her Interest in his Coal , as being minor , and laesed , in so far as by her Contract , she had only Right to the fourth part of the Coal in his Property ; now his Coal for several years , has been in his Feuars Lands , by Reservation in their Rights . And also craved the bygons . It was answered , that bona fide possessor facit fructus consumptos suos , the Lady by the Agreement , could not compt for the years Duty she had gotten . It was answered , that this holds not in the case of Minority , and Laesion . It was answered , that albeit Minority Repones , as to any principal Right , yet not as to the Fruits , and accrescences medio tempore . The Lords Reduced , but Assoilzied the Lady from Repetition . Sharp of Houstoun contra Glen . Eodem die . GLen Pursues for Mails and Duties of some Lands . Houstoun compears , and alleadgesthat he has Right to these Lands , by an Apprizing expired . It was answered , his apprizing was null , because it proceeded on four Bonds , the Term of payment of one whereof was not come the time of the Appryzing , and so not being due , the Apprizing was void , quoad totum . It was answered , the sum was due , albeit the day was not come , and so being but , plus petitum tempore , he was willing to admit the apprizing to be longer time by the double , redeemable after the legal were expired , then all the time he apprized before the hand . The Lords found the Appryzing void as to that sum . Whereupon occurred to them , to consider whether the appryzing should fall in totum , or stand for the other 3 Bonds . And if it stood for these , whether a proportionable part of the Lands appryzed effirand to the Bond , whereof the Term was not come , should be found free , or if the rest should affect the whole Lands , as if for these only the appryzing had been led , wherein the Lords were of different opinions , and recommended to the Reporter to agree the Parties . Lady Otter contra Laird of Otter . Eodem die . LAird of Otter having Infeft his Wife in Conjunct-fee , or Liferent , in certain Lands , cum molendinis , did thereafter build a Miln thereupon , and the question arising betwixt the Liferenter and the Heir , who should have Right to the Miln ? The Liferenter alleadged aedificium solo cedit . The Heir alleadged , that a Miln is distinctum tenementum , that cannot pass without Infeftment , aud the Clause in the tenendo cum molendinis , is not sufficient , not being in the Dispositive Clause , nor any Miln built then : and he offered to make up all the Liferenters damnage , by Building on her Ground . The Lords found that the benefit of the Miln belonged to the Liferenter , as to the Multures of all that was ground without the Thirlage , but found it not to extend to Lands of the Defuncts , which he had Thirled to the Miln . John Hay of Knokondie contra Litlejohn . Eodem die . JOHN Hay pursues Litlejohn for the damnage sustained by a House belonging to Litlejohn , falling on the Pursuers House . It was alleadged the Defender was only Apprizer of a Liferenters Right , and this behoved to lye upon the Fiar , who was oblieged to uphold the Liferenters House . The Lords found the Defender lyable , seing he possest as Apprizer sixteen years , and also intrometters with the profits of the House , are liable for the damnage sustained thereby , seing both Fiar and Liferenter , were oblieged to uphold it , and are liable de damno . Lord Salton contra Laird of Park and Rothemay . Feb. 20. 1666. THe Lord Ochiltry having a Disposition of the Estate of Salton , from the umquhil Lord Salton in anno 1612. Disponed the same to Park Gordon , Rothemay and others . This Lord Salton having granted a Bond to Sir Archibald Stewart of Blackhall , he thereupon apprized all Right that could be competent to the Lord Salton of that Estate : which Right being now retrocessed to the Lord Salton : he pursues Reduction of the Lord Ochiltries Disposition , and of all these Rights founded thereupon in consequence . The reason of Reduction is founded upon an Interdiction , against the Lord Salton , Disponer , before his Disposition ; and there having been a Process formerly depending at the instance of umquhil Sir Archibald Stewart , and being Transferred after his Death , the Lords allowed the Process to proceed upon the Minute of Transferrence , without Extracting the Decreet of Transferrence , which behoved to include the Process , and hail minuts , which could not be done for a long time , whereupon the Lord Salton , now insisting in the principal Cause . It was alleadged , first , No Process , till the Principal Cause were wakened : For albeit the principal Cause be Transferred ; yet it is but instatu quo ; and therefore being sleeping , there can be no Process , till after the Transferrence , there be a wakening . The Lords Repelled this Alleadgence , and found the Transferrence sufficient without any wakening . It was further alleadged Absolvitor , because the Pursuers Title being an Apprizing , the Defender has an anterior Apprizing , which does exclude the Pursuer● ay and while it be Reduced , or Redeemed . It was answered , that the ground of this Pursute being a Reduction , upon Interdiction ; the Interdiction cannot be directly apprized , but only the Lands belonging to the Person Interdicted , being Apprized , all Apprizers or other singular Successors , coming in the place of the Heirs of the Person Interdicted , may pursue on their Rights , and thereupon Reduce voluntar Dispositions , made contrair the Interdiction : which Interdiction is not a Right it self , but medium impedimentum exclusivè of another Right , as an Inhibition , and as a first Appryzer cannot hinder a second Appryzer to make use of his Right , except in prejudice of the first Appryzer ; so he cannot hinder him to make use of the Interdiction , to take away a voluntar Disposition● but prejudice of the first Appryzers appryzing , as accords : And in the same way a second Appryzer , or any Creditor might pursue upon an Interdiction or Inhibition against a Creditor . Which the Lords found Relevant , and declared the Pursuer might Reduce this voluntar Disposition upon the Interdiction , but prejudice of the Defenders appryzing . contra Hugh Mcculloch . Eodem die . THe Laird of Balnigoun being arrested in Edinburgh , for a Debt due to a Burges , Heugh Mcculloch became Caution for him in these Termes that he should present him to the Diets of Process , and should make payment of what should be Decerned against him , if he did not produce him , within Termes of Law , pendente lite , Balnigoun raises Advocation , and at the same Diet that the Advocation was produced Judicially before the Bailzies , Heugh Mcculloch also produced Balnigoun , and Protested to be free of his Bond as Cautioner : the Bailzies did not Incarcerat Balnigoun , but refused to Liberat Heugh Mcculloch● till they saw the Event of the Advocation . The Cause b●ing Advocat , and Decerned against Balnigoun , who succumbed in an alleadgence of payment . The Pursuer craved Sentence against him , and Heugh Mcculloch his Cautioner . It was answered for Heugh Mcculloch , that he was free , because he had fulfilled his Bond , in presenting Ballangoun , and Protest●ng to be free , albeit the Bailzies did not free him , that was their fault . It was answered , that the Advocation being raised , hindred the Bailzies to Incarcerat , because they might not proceed after the Advocation ; and therefore the Cautionrie behoved to stand , otherwise all Acts of Caution , to answer as Law will , might be so elided . The Lords found the Cautioner free , and found that the Bailzies , notwithstanding of the Advocation , might Incarcerat the principal Party , unless he had found new Caution , for seing if he had found no Caution , a principio , but had been Incarcerat , till the Cause had been Discust the Advocation would not have liberat him : and whensoever the Cautioner produced him Iudicially , and protested to be free , he was in the same case as if he had been Incarcerat , and therefore the Bailzies might have detained him in Prison , notwithstanding of the Advocation , which did sist the Cause . Mcbrair contra Sir Robert Crichtoun , alias Murray . Eodem die . DAvid Mcbrair pursues a Removing against Sir Robert Crichtoun , who alleadged absolvitor , because the warning was null , in so far as he being notourly out of the Countrey . The Warning proceeded on 40 days , not only at the Ground and Paroch-kirk , but also at his Dwelling-house , whereas it ought to have been on Letters of Supplement on 60 days , at the Mercat Cross of Edinburgh , Peer and Shore of Leith . It was answered , that the Act of Parliament anent Warning , was only on 40 days without distinction , being out of the Countrey , or in the Countrey● and it was sufficient that the Summons of Removing upon the Warning , was upon 60 days ; because the Warning at the House , was rather an Intimation then a Citation , which was sufficient , seing the Defender had been butshort while out of the Conntrey , not animo remanendi , and so had still a Domicile where he was Cited . The Lords sustained the Warning , but in Respect the Defender had probabilem causam dubitandi . They superceeded the Execution to the next Whitsonday , without any violent profits . Lord Borthwick contra his Wodsetters . Feb. 21. 1666. THe Lord Borthwick pursues an Accompt and Reckoning against several Wodsetters , who had Wodsets from him in the year 1660. to Count and Reckon for the Superplus of the Wodset , more then their annualrent since the Act of Parliament between Debitor and Creditor , upon that Clause thereof , appointing Wodseters , who have proper Wodsets before the year 1650. or since before the Act to Compt , and be lyable for the superplus more than their due annualrent . It was alleadged for the Defenders , That the Pursuers had in the Wodsets expresly Renunced the Usurpers Act in favours of Debitors , and all such Acts made or to be made : and by the said Act between Debitor and Creditor , there is an Exception● where Persons have renunced such Acts. It was answered that that Exception is insert in the Act before this Clause , in Relation to Wodsets , and does not relate to it , but unto the former Provisions , of Suspending the Sums , which was also the Tenor of the Usurpers Act , and therefore the Exception of the Renuncing such Acts , cannot extend to the Case of accounting for Wodsets , which could not be thought upon , the time of the Wodset , and of the Renunciation ; this Clause being according to common Law , to hinder Usury , which might have been indirectly taken by proper Wodsets , though these by the Custom , use not to be quar●elled . The Lords Repelled the Defense , in respect of the Reply , and found the Exception not to extend to the Case of Wodsets . It was further alleadged for the Defenders , that they were not lyable to to compt for the Superplus , for all years bygone since the Act of Parliament , nor at all , except in the Case that they had been required to quite the Possession of the Wodset , and Security had been offered them for their Money , and they had chosen rather to retain the Wodset , and to compt for the Superplus ; for as to all years preceeding , they were bona fide Possessors , and had ground to presume that the Pursuer did acquiesce in the Wodset , as only proportionable to the annualrent , and it were unjust and of evil consequence , that if the granter of the Wodset should forbear to offer Security for 20 years upon his offer then , the Wodsetter should be oblieged to Compt from the Act of Parliament . It was answered , that there was no inconveniency , seing the Wodsetter might , if he pleased , quite the Possession , and then was not comptable at all : But if he would retain the Possession , he could not refuse to compt for all bygones , since the Act of Parliament . The Lords having considered the Clause of the Act of Parliament , found the Defenders only lyable from the time of the offer of Caution , and Requiring the Possession , and not from the date of the Act of Parliament , seing the Clause bears , they shall have by the Wodset , which looks to be future only ; and seing the Wodsetters might have Builded or Planted for their own accommodation , and therefore might rather reain the Possession then other Security . Ogilby contra Eodem die . THe like case was decided betwixt Ogilby and where this was further Represented , that the Summonds could not be Sustained , unless the offer had been made by way of Instrument before the Summons , yet the Lords Sustained the offer instantly , made to have effect ab hoc tempore , but not from the Citation . It was also further alleadged for the Defender , that there was now no Caution offered . It was answered for the Pursuer , that there needed no Caution , if the Wodsetter choised to retain the Possession ; because the Wodset it self was sufficient Security . It was answered , that they were not obliged to declare their option , till Caution were first offered by the granter of the VVodset , and the Statute behoved to be strictly Observed . It was answered , that there was here no detriment to the VVodsetter , and the granter of the VVodset might be so poor as not to be able to find Caution . The Lords found , in respect of the Act of Parliament , that Caution behoved to be offered , and would not exceed the Terms thereof . contra The Sheriff of Inverness . Eodem die . 〈…〉 being pursued for Theft-boot before the Sheriff of Inverness , upon the old Act of Parliament Iames 2. bearing , that whosoever should compone with a Thief , for stollen Goods should be lyable in Theft-boot , and punishable as the Thief or Robber . He raises Advocation on this Reason , that the Act was in desuetude , and the matter was of great moment and intricacy , what Deeds should be compted Theft-boot , whereinto no inferiour Judge ought to decide , because of the intricacy . It was answered , that the Lords were not Competent Judges in Crimes ; and therefore could not Advocat Criminal Causes from inferiour Courts , and the Earl of Murray being Sheriff , and having sufficient Deputs , both should concur in the careful Decyding of the Cause . It was answered , that albeit the Lords did not Judge Crimes , yet it was competent to them to Advocat Criminal Causes , ad hunc effectum , to remit them to other more competent unsuspect Judges . The Lords Advocat the Cause from the Sheriff , and Remitted the same to the Iustice● because of the antiquity of the Statute , and intricacy of the Case . Lockhart contra Lord Bargany . Feb. 22. 1666. THe umquhil Lord Bargany being adebted in a sum of Money to Sir William Dick , he appryzed , but no Infeftment nor Charge followed . Thereafter a Creditor of umquhil Sir William Dicks , appryzes , but before the appryzing , Lockhart upon a Debt due by Sir William Dick , arrests all sums in my Lord Bargany's hand , and pursues to make forth-coming . This Lord Bargany takes a Right from the appryzer , for whom it was alleadged , that he ought to be preferred to the Arrester , because the arrestment was not habilis modu● , in so far as Sir William Dick having apprized for the sum in question , the apprizing is a judicial Disposition , in satisfaction of the sum ; and so it could not be arrested , unless it had been moveable by a Requisition or Charge . It was answered , that the Act of Parliament , Declaring Arrestment to be valid upon sums , whereon Infeftment did not actually follow , made the Arrestment habile , and the Apprizing can be in no better case , then an heretable Bond Disponing an annualrent . It was answered , that the Act of Parliament was only in the case of Bonds , whereupon no Infeftment followed , but cannot be extended beyond that case , either to a Wodset granted for the sum , where the Property is Disponed , where no Infeftment had followed ; or to an Apprizing , which is a judicial Wodset , pignus pretorium . It was answered , that the Reason of the Law was alike in both cases , to abbrige the Lieges unnecessar Expences by apprizing . The Lords preferred the Apprizer . Bishop of Glasgow contra Commissar of Glasgow . Eodem die . THe Bishop of Glasgow insisted in his Declarator against the Commissar of Glasgow ; and alleadged first , that by injunctions related to in the Act of Restitution 1609. It was provided , that all Commissars should Reside at the place where the Commissariot Sat , and should not be absent , but upon necessity , and with leave of the Bishop , under the pain of Deposition , and that in case of the absence of the Commissar , through sickness , or other necessity , or through being declined in these Causes , the Bishop should name a Deput : From whence it was alleadged , first , That the Commissar had already Transgressed the Injunctions , and deserved Deposition for none Residence , and for appointing Deputs himself , not appointed by the Bishop ; yea , for continuing to make use of these Deputs , albeit the Bishop did intimat the Injunctions to him , and did Judicially require the Deput not to sit , and took Instruments thereupon . 2ly . That in time coming it ought to be De●lared , that the Commissar ought to Reside , under the pain of Deprivation , and to Act by no Deput , but such as were authorized by the Bishop . It was alleadged for the Defender , Absolvitor from this Member of the Declarator , because the Defender had his Office from the King , and the late Bishop of Glasgow , with power of Deputation . And as to the Injunctions , first , They had no authority of Law ; for albeit the Act of Parliament 1609. related to Injunctions to be made , yet it did not authorise any Persons to make the same , nor is it constant , that these are the Injunctions that is alleadged to be made by the Bishops in anno 1610. 2ly . Albeit they had been then so made , they are in de●uetude , because ever since , all Commissars have enjoyed their place with power of Deputation , and exercised the same accordingly . 3ly . There is no Injunction against the Bishops , giving power to the Commissars to Deput ; for albeit the Injunctions bear , that in such cases he could not give Deputation ; and therefore the Commissar did not wrong , to continue his Deput . And it is most necssar , that the Commissar should have a Power of Deputation , or otherwise , their Office is elusory , seing the Bishop may be absent , or refuse to Depute any Person , in case of the Commissars necessary absence , and so both delay Justice to the Leidges , and Evacuat the Gift . It was answered for the Pursuer , that first , the Injunctions were commonly received and known through all the Kingdom , and are Registrat in the Commissars Books of Edinburgh , being the Supream Commissariot , and according thereto , the Lords have decided in Advocations and Reductions ; and albeit they have not been observed , seing there is no contrair Decision , they cannot go in desuetude by meer none observance . 2ly , That the Injunctions do import , that no Deputation can be granted by Commissars , but only by the Bishops in casibus expressis . It is clear from the foresaid two Injunctions ; for to what effect should the Commissars Residence be required , if he might at his pleasure act by Deputs ; and why were these cases exprest , if Deputation were competent in all Cases . 3ly . Albeit the power of Deputation granted by Bishop Fairfowl be sufficient , during his life , and seclude him from quarrelling the same , personali objectione ; yet that Exception is not competent against this Arch-bishop . 4ly , The Injunctions being sent up to the King , His Majesty has Signed and Approven the same , which therefore Revived them , and for the inconveniency upon the Bishops absence or refusal , is not to be supposed , but that the Bishops concerned in the Commissariots , would provide remeid in such Cases . The Defender answered , that Acts of Parliament were not drawn ad pares casus & consequentias , much less their Injunctions , and though they were now Revived , yet that cannot be drawn back to the power of Deputation granted before : Neither can this Bishop be in better condition then his Prececessor , or quarrel his Predecessors Deed , which he had power to do . The Defender did also resume the Defense , as to sufficiency and tryal , that seing he had power of Deputation , he was not lyable to Tryal , nor to Reside , if his Deput were sufficient . The Lords found , that albeit the power of Deputation should absolutely stand ; yet the principal Commissar behoved to be be sufficient , and ordinarly Resident , seing his sufficiency was both requisit by the Act of Restitution 1609. and by Exception in the Act of Restitution 1661. and that he ought to direct and over-rule his Deputs , for whom he was answerable ; and therefore was oblieged to Reside , that albeit he did not constantly sit , yet he might advise with his Deputs in important Cases , and the Lieges might have access to him to complain in case of the Deputs Malversation , and as to the power of Deputation it self , and the Injunctions . The Lords found , that the Defender was in bona fide , to enjoy these Priviledges till it was declared , notwithstanding he was required to the contrair : but as to the future , they found that he ought to reside , and make use of no Deputs , without the consent of the Archbishop , but whether that should be only pro re nata , or by a warrand for such Persons , not only upon necessar occasions , mentioned in the injunctions , but also in others , that the Deputs might ordinarily sit , and advise with the Commissars , in Cases of importance . The Lords were of different judgements , and recommended to the Bishop in common , to consider what was fit in that Case , but declared only according to the Injunctions without interpretating how far the Deputation should reach . Children of the Earl of Buchan contra Lady of Buchan . February 23. 1666. THe six Children of the Earl of Buchan pursue their Mother for Aliment . It was alleadged absolvitor , because their was neither Law , Statute nor Custome of this Kingdom , oblidging a Mother to Aliment her Children . 2ly , Albeit there were , she offers her to admit them in her Family , and to entertain them according to her means , but can never be oblidged to pay a modification , in Money out of the Family ; for in all Cases of Aliment of Wives , or Children against Parents , the offer to accept , and Aliment them in the Family , according to the Parents Means , doth alwayes exclude Modification ? as was lately found in the Case of Sir Andrew Dick and his Son. It was answered , that the Law of Nature is a part of the Law of this , and all other Civil Kingdoms , and according thereto the Lords do alwayes decide , in Cases now occurring , where there was neither Statute nor Custome and if Aliment be due , the manner and measure is in arbitrio judicis , who may justly ordain their Children to be bred from their Mothers , seing she hath miscarried , and Married a deposed Minister . It was answered , that the Law of Nature , without our Custome is no sufficient Law to us , and does not induce obligationem civilem , but only pietatem & affectum , upon which ground it is , that there was necessity of this Statute to appoint an Aliment for Heirs against the Wairdatars and Liferenters , which insinuats that there was no such Law before , and if the Law of Nature , be the adequat Rule , we are oblidged to entertain the Poor , and all in distress ; and therefore they might pursue us thereupon . 2dly , There is no Reason to put it in arbitrio judicis , whether a Child should be Educat with the Parent , who must Aliment him , even upon pretence of the Parents miscarriage , for that being the indispensable Right of Parents to educat their Children , as they see cause , especially who demand Aliment of them , it ought not to be in the arbitrament of any Judge , unless it were a Parliament , and this arbitriment would lay the Foundations to encourage Children to desert their Parents , and to claime Aliment out of their Family , and to pretend the Parents miscarriages , as unfit Persons to be bred with , and not breeding them in a fit way ; which accusations were prohibit by the Civil Law , and never admitted by our Custome ; for albeit the Lords may appoint the way of Education of Pupils , their Parents being dead : yet Tutors have no such interest , as Parents . The Lords found the Mother oblidged to Aliment the Children jure naturae , which was sufficient to infer this Civil Obligation , and Action , but found that the offer of Alimenting them in her Family , was sufficient according to her means and they could demand no Aliment , nor Modification extra familiam : For they found that the Lords had thus sustained Aliment to Children against theîr Fathers , not upon the Act of Parliament , which is competent against all Liferenters and Donatars , without consideration of their being Parents , but super jure naturae , which they found , would not extend to the obligation of Charity , and which had no definite rule , but at the discretion of the giver , and was not allowed as a civil obligation by any Nation Grant contra Grant. February 24. 1666. GEorge Crant , having Appryzed a Wodset Right from Grant of Mornithe ; and thereupon obtained a Decreet of Removing , and Mails , and Duties , against Grant of Kirkdails ; Reduction was raised thereof , and of the ground of the same . viz , of the Wodset Right on this Reason , that the one half of the Sum was payed , and the Wodset renunced pro tanto , long before the Appryzing . It was Replyed , that there was an Inhibition , for the Sum , whereupon the Appryzing proceeded , after which Inhibition , if any payment was made , or Renunciation granted , the samine was reduceable , ex capite Inhibitionis . It was answered , that all that the Inhibition , and Reduction thereupon could work , was in so far , as might extend to the satisfaction of the Sum ; and now they were willing to satisfie the whole Sum , cum omni causa . It was answered , that no satisfaction could now be accepted , because Appryzing having followed upon the samine , and being expired , and no satisfaction being offered within the Legal , or the time of the Reduction , it cannot now be admitted . It was answered , that the Inhibition could not only work , that nothing done after the same should be prejudicial to the Sum , but altered not the Case , as to the Appryzing , led long thereafter ; unless the Inhibition had been raised upon the Appryzing . The Lords found that Inhibition could not be taken away , or satisfied by payment of the Sums after the expiring of the Apprizing , wherein the President remembred of a former Case , that even in the obtaining of the Reduction , ex capite Inhibitionis , the offer to satisfie the Sum , whereon it proceeded was repelled : In respect an Appryzing thereupon was expired . Sir Robert Sinclar contra Laird of Waderburn . Eodem die . JOhn Stewart Son to the Earl of Bothwell , being Abbot and Commendator of Coldinghame , the Earl being Forefaulted in Parliament , his Son was dishabilitat to brook any Lands , or Goods in Scotland ; whereby Iohn fell from the Right of Provision of the Abbacie : Thereafter the King annexed the Abbacie of Coldinghame , which was excepted from the general Annexation 1587. to the Crown , excepting the Teinds ; and gave Right of Reversion , both of Lands and Teinds , to the Earl of Hoom , who gave a Tack of the Teinds of Kello and Cumerjame to the Laird of Wedderburn . Thereafter Iohn Stewart was , by Act of Parliament restored , and the former Act of Dishabilitation rescinded , whereupon Iohn Stewart demitted his temporal Provision in the King's hands , and got it Erected in an Heretable Right : he thereupon Infeft Dowglas of Ivleck for relief of Sums . Sir Robert Sinclars Lady , as Heir to him , pursues for the Teinds of Kello , and Cumerjame , upon the Infeftment of Relief . He had before obtained Sentence for the Years preceeding John Stewarts death , during which , his temporal Provision stood , and as to which there was litle controversie by the Act of Rehabilitation ; but now the Pursuer insisted for the years after Iohn Stewarts death . It was alleadged for the Defender , First , That he has Right by his Tack unexpired , from the Earl of Hoom , who had the only Right of Fee , to the whole Abbacie , by his Infeftment granted to him by the King , long before the Infeftment granted to Iohn Stewart . It was answered , that the Earls Infeftment , proceeding upon Iohn Stewarts dishabilitation , that being rescinded , and he rehabilitat , the Earls Infeftment fell in consequentiam , and John Stewarts Right , on his own dimission is the only Right . It was answered , for the Defender , that the Earl of Hooms Right did not proceed solie upon John Stewarts dishabilitation , but on the Act of Annexation following thereon , Anno 1612. And Johns Rehabilitation could put him in no better condition , than before the Dishabilitation , and so could extend no further , but to the Personal Provision he then had , It was answered , That in that special Act of Annexation 1612. The Spirituality , or Teind was excepted , as it was in the General Act of Annexation , and so no Right granted by the King , till the Teinds were dimitted in his hand by the Titular could be respected , as being a non habente potestatem , at least not proceeding legitimo modo . It was answered , that the Teinds , though not Annexed , yet by the suppression of the Popish Clergie , they returned to the Crown , for the General Act of Annexation , doth not give the King a Right , but acknowledged his Right by the Ceasing , of the ends for which these Benefices were granted , but the Annexation makes them indissolvable , from the Crown , and indisposable by the King , and so the Teinds being Annexed , they cease not to belong to the King , but they are at his Disposall , and he having disposed of them to the Earl of Hoom , before he disposed of them to John Stewart , the Earls Right is preferable , and so the Defenders , as his Tacksman . It was answered , That all the Erections of Benefices , in Temporalities were only upon Demissions of the Titulars ; for though the Popish Clergie was supprest , yet the King presented Persons to the Benefices , who had the Titles of Abbots , and Commendators , and sat in Parliament , but had not the Office , and in so far they were not supprest , and so the King could not dispose of the Benefice , till it were demitted by the Titular , in his hands . It was answered , that the King could not dispose in prejudice of the Titular incumbent , but that the Titular , who was a naked Liferenter , his Demission should reach the Fee , it was against reason , and John Stewart being dishabilitat , when the King granted the Earl of Hooms Right , so that there could be no Demission , the King being in the Commendators place , and could not demit to himself the dishabilitation , at least was equivalent to a Demission , though it had been necessar , as it was not ; for albeit de facto , the King Erected upon demissions , yet that he could not after the Abbots death , have Erected it , or provided another , or even during his Life , reserving his temporal provision there could be no doubt , else the Demission of a Liferenter , or Administrator could never give the King Right of Fee , which the Resigner had , and here , the King had the Right of Fee , but not the Resigner . Yet the Lords found● that seing all Erections by Custome , proceeded on Demissions , that the Earl of Hoom's not proceeding so , and John Stewart's proceeding upon his Demission , was preferable , and therefore repelled the Defense . It was further alleadged , that Iohn Stewart had Ratified the Defenders Tack . It was answered , that was but personal , and could not be Relevant against the Defender , being a singular Successor . It was answered , that the Pursuers Interest being but for relief , the Defender could satisfie , and pay erest , upon Assignation , and so his singular Title not being absolute , might be so purged . Which the Lords found Relevant . Lord Colvil contra Town of Colross . February 27. 1666. THE Lord Colvil , being Infeft in the Heretable Office , of the Baillerie of Culross , by progress from the Earl of Argyl , first Baillie ; who was Infeft by the Abbots , before the Reformation ; having full power of all Jurisdictions , Civil or Criminal ; and of all the Amerciaments , Bloods , and Casualities to his own behove , he does thereupon pursue a Declarator of the Right , against the Town of Culross , which is within the Lordship of Culross , that he had Right to the Bloods , and to all Jurisdictions , Civil and Criminal amongst the Burgesses thereof . It was alleadged , for the Defenders , absolvitor ; because their Town was Erected in a Burgh Royal , by the King , with power of Heading and Hanging , and other priviledges of Burghs Royal ; by vertue whereof , they have been in immemorial Possession , in Exercing all Jurisdiction , Civil , and Criminal amongst their own Burg●sses . The Lords before answer , having ordained either Partie to adduce W●●nesses , as to the Possession of their Iurisdiction , which being closed , the Debate was reassumed upon the Towns Right , and Possession . It was answered , for the Pursuer , that he , and his Authors being Infeft in the said Heretable Office , long before the Erection , and before the Anuexation of the Abbacie of Culross , to the Crown , no Right granted thereafter to the Town , could prejudge his established Right ; especially , seing in the very Act of Annexation , such Bailleries are expresly reserved , and declared to be unprejudged : And as to the Towns Possession . It was but clandestine , and not total , for the Baillies did still exercise Jurisdiction , even upon Burgesses of the Town , committing Bloods in the Town , and likewise Strangers committing Bloods , as is instructed by his Court-books , and Witnesses , which is sufficient to hinder Prescription . It was answered , that the Defense stood yet relevant , for the granting of the Bailliery could not be exclusive of the granters own Jurisdiction ; but cumulative : and as the Abbots , so the King retained Jurisdiction , and might dissolve a part of the Barony , which thereby ceased to be within the Jurisdiction of the Bailly of the Barony● and might Erect the same in a Burgh Royall , as he has done in the same way , as the King , after granting an Heretable Sheriff-ship , may yet Erect a Barony within the same , which may exclude the the Sheriffs , if the Baron use diligence . The Lords found , that the Erection of the Burgh Royall being after the Constitution of the Baillerie , could not exclude the same of its Jurisdiction , and Casuality , unless it had been by Possession , sufficient to make prescription , and that the Case was not alike , as if the Barony of a Baron were constitute within an Heretable Sheriff-ship ; because the Casualities of the Heretable Sheriff-ship belonged to the King himself , and could be only understood , without prejudice of subordinat Jurisdiction of Baronies , which were ordinar , and known , but here the Casualities belonging to the Bailli● proprio jure , the Constitution of the Burgh could not prejudge them , even albeit the Lord of the Regalities consent was thereto produced , seing the Ballie consented not ; but as to the Possession , and Prescription , whether the Town could Prescribe the Right of the Civil Jurisdiction ; albeit the Baillie exercised the Criminal Jurisdiction of Bloods , or whether the Town could Prescribe their Right of a part of the Civil Jurisdiction , in so far as concerned Trade : The Lords superceeded to give answer while the first of Iune , and that they had time to consider the Depositions of the Witnesses fullie . Creditors of Lord Gray contra Lord Gray . Eodem die . CErtain Creditors of the Master of Grayes , being Infeft in Annualrent out of certain of his Lands , pursues Poynding of the Ground . It was alleadged , for the Lord Gray his Son , absolvitor , because he has Right to an Appryzing , and Infeftment of Alexander Milne ; which is expired , and prior to the Pursuers Infeftments . It was answered , that the Appryzing was satisfied by the Umquhile Master of Gray , and a blank Assignation thereto , was taken , which was amongst the Masters Writs , and this Lord filled up his Name , after the Masters death ; this being unquestionably relevant , the difficultie was , concerning the manner of the Probation . The Lords before answer , ordained Witnesses ex officio to be examined , whereupon the Lord Gray's Brother was examined , who acknowledged , he saw the blank Assignation , by his Brother , and Mr. Robert Prestoun being examined , and several other Witnesses , above all exception ; and also the Lord Gray himself , who acknowledged he got the Assignation blank after his Fathers death , but not amongst his Writs , and that he gave a Bond therefore ; Many of the Lords thought , that seing by the late Act of Parliament , the Appryzing , though expyred was Redeemable from him , for the Sum he truely payed for it , that it were more just , and safe , that he should be preferred , unless the Creditors would purge , and satisfie the Sum , and that it were a dangerous example to find so important a Writ , as this Assignation , to be taken away by Witnesses ; yet the plurality found the Testimonies so pregnant , and unquestionable : They found the Reply proven thereby , and found the Appryzing retired , and satisfied by the Debitor , and so extinct . Earl of Landerdail contra Viscount of Oxenfoord . last of February 1666. THE Earl of Lauderdale , being Infeft in the Barony of Muslburgh , which is a part of the Abbacie of Dumfermling , and was Erected into a Temporal Lordship , in favour of the Lord Thirlstoun , thereafter Chancellour● the Lord Lauderdales Grand-father● in Anno 1587. Before the Act of Annexation , wherein the Erection of Musleburgh , to the Lord Thirlstoun is expresly excepted . Thereafter in Anno 1592. the Queen was Infeft by the King , in Liferent , in the Abbacie of Dumfermling , with the consent of the Lord Thirlstoun , as to Musleburgh , and his Resign●tion , as that effect : shortly after , that same year , the King gave the Queen an Heretable , and Irredeemable Right of the whole Abbacie of Dumfermling , which was Confirmed by a Printed Act of Parliament ; the Queen lived till the Year 1618. After which the King was served Heir to his Mother , in the Abbacie of Dumfermling , and Infeft therein , being then Prince . The King gave an Heretable , and Irredeemable Right to the Lord Oxenfoords Authors , of the Teynds of Coutsland , as a Part of the Lordship of Musleburgh , in Anno 1641. And shortly thereafter , His Majesty did renew the Earl of Lauderdales Infeftment , of the Lordship of Musleburgh , with a novodamus ; Lauderdale being Forefaulted by the Usurpers , Swintoun got a Donative of the Lordship of Musleburgh , and amongst the rest , of the Teyn is of Coutsland ; and did raise Inhibition and Reduction of their Rights . After the Kings Restauration , the Earl of Lauderdale obtains his Infeftment Confirmed in Parliament , with an express Exception therein , that it should not be derogat , by the Act salvo jure , raises Inhibition of the Teynds , and pursues Action of Spuilzie , and also of Reduction . It was alleadged , for the Defender , absolvitor , because he stands Infeft in the Teynds lybelled by Infeftment , granted by the King , before the Earl of Lauderdales Infeftment pursued on , and by vertue of his Infeftment , King Charles the first , and Queen Anne his Authors have been in peaceable Possession , uninterrupted , since the Year of God 1593 And therefore their Right is accomplished , and established by Prescription . It was answered , for the Pursuer , that the Defense ought to be Repelled , because , since the death of Queen Anne , who died in Anno 1618. Till the Interruption made by Swintoun , by Inhibition , and Reduction , in Anno 1656. there are not 40● years run ; and till the Queens death , the Earl of Lauderdales Grand-father could not pursue , because he had granted Resignation in her favours , for her Liferent , & contra non valentem agere non currit Prescriptio ; So Wyves Provisions in their Contract of Marriage , Prescribe not from their Date , but from the time of their Husbands death , all Obligations Prescribe only from the Term of payment , and Infeftments , and Oblidgements of Relief from the Distresse . It was answered , for the Defender , that this Defense stands still Relevant . First , because , as to any interruption made by Swintoun , it cannot be profitable to the Pursuer , because he derives no Right from Swintoun : And as to the Queens Liferent Infeftment , consented to by Thirlstoun , the Queen never accepted the same , but an Heretable Right from the King that same Year , by which Heretable Right only she possest , and did all Deeds of Property , by entring of Vassalls , and granting of Fews , which a Liferenter could not do ; which Heretable Right , Thirlstonn could not misken , because , by a special Printed Act of Parliament , it is Confirmed in Parliament , and past the great Seal , himself being Chancellor . It was answered for the Pursuer , that the Defense , and Duply ought to be Repelled , in respect of the Reply , because the Confirmation of the Queens Heretable Right in Parliament was salvo jure , and he was secured by the Act salvo jure , in the same Parliament , and that he knew thereof , at the passing of the great Seal , is but a weak presumption , and such knowledge could not prejudge him , nor was he in any capacity to pursue upon his own Right , for attaining possession ; seing the Queens Liferent Right , and Heretable , were both compatible ; and it was evident , the Queen would exclude him , by his Consent , in the Liferent Right , neither can the Queens acceptance be questioned , after so long time ; seing the acceptance of the Liferent was to her advantage and profit , before she got the Fee , and did exclude Thirlstouns prior Right , which would have undoubtedly reduced the Queens Right ; and was excepted in the General Act of Annexation ; and would not fall under the Act salvo jure . It was also severally alleadged , that this Earl of Lauderdales late Right was Confirmed in Parliament 1661. And all other Rights declared void , and that the Ratification should have the force of a publick Law , and not be derogat by the Act salvo jure . It was answered , for the Defender , that in Prescriptione longissimi temporis non requiritur tempus utile , sed continuum , In consideration whereof the time of the said Presciption is made so long , and therefore captivity absence reipublicae causa , want of Jurisdiction , or the like are not respected . 2dly , Thirlstone valebat agere , because he might have Reduced the Queens Infeftment of Fee , or declared his own Right of Fee to be effectual after her death . And as to the late Act of Parliament , albeit it does exclude the Act salvo jure , yet that is parte inaudita ; and upon the impetration of a Party suo periculo , but the Parliament have never assumed power to take away the privat Rights of Subjects , except upon another , or better Right , otherwayes , no man in Scotland can call any thing his own , but a Confirmation in Parliament , with such a clause surreptitiously obtained , shall take away the Unquestionable Right of any other . It was answered , for the Pursuer , that the Parliament had not incroached upon the just Right , of any other , but had only restored the Pursuer to his Grand Fathers Right ; and seing there is no question , but that Right was prior , and better than the Queens , and the Defenders , and was in no hazard , but as to the point of Prescription , that being a rigorous Statute , the Parliament might well excuse the Pursuer , for not pursuing the King and Queen , but rather patiently to abide their pleasure , till they were denuded , in favours of privat Parties . It was answered , for the Defender , that all our privat Rights , especially of Property , are founded upon positive Law , and there is none stronger then the Right of Prescription ; and therefore , if the Parliament can take that away , as to one Person , and not generally , they may annul the Right of any privat Person whatsomever . The Lords were unwilling to decide in the whole points of the Debate , but did in the first place , consider the Right of the Parties , without the Act of Parliament , in favours of the Queen , or the late Act , in favours of the Earl and in the point of Right , they repelled the Defense of Prescription , in respect of the Duply of Swintouns interruption , which they found to accresce to the Pursuer cujus jure utebatur , and found , that before the Queens death , the Prescription could not run , in respect of the Queens Infeftment of Li●erent consented to by Thirlstoun , which would exclude him from any Action , for attaining Possession , and they found , that he was not oblidged to use Declarator , or Reduction , which might be competent in the Cases of Distress , or the Rights of Wifes , or any other Right , which yet do alwayes exclude Prescription , till Action may be founded thereupon , that may attain Possession . Thomas Millar contra Howison . Iune 5. 1666. THomas Millar , having pursued the Tennents of one Bailie his Debitor , for making forthcoming , their Duties arrested in their hands . Compears Howison , and produces a Disposition , and Infeftments from Baillie of the Tenements , prior to the Arrestment , and craves to be preferred . It was answered for Millar , that Howisons Disposition was null , as being in fraudem Creditorum against the Act of Parliament , being granted after the contracting of Millars Debt ; and albeit , the narrative of the Disposition bears , causes onerous , yet he offered to prove , by Howisons Oath , that it was not for causes onerous , at least equivalent to the worth of the Land ; which was found relevant , and Howison having deponed , that his Disposition was granted for a Sum of 300. merks addebted to himself , and the Sum of 1600. merks adebted to Iohn Burd , for which he was Cautioner for Baillie , the Disponer . At the advysing of the Cause . It was alleadged , that the Disposition , nor the Disponers Oath could not sufficiently instruct the cause onerous ; seing the Oath did not bear , that there was a price made , but only that there was no Reversion , nor promise of Redemption granted ● yet the Disposition was truely in Trust , which ofttimes is tacit , as being the meaning of the Parties , and is not expresse by Reversion , or Back-bond ; so that if Baillie , or this Arrester would pay these Sums , Howison could have no further Interest . It was answered , that the points referred to Howisons Oath were denyed , and that he was not oblidged to keep the Bonds , but might destroy them , as being satisfied . The Lords found , that as to Howisons own Bond , he needed not instruct the same , but as to Burds Bond , they found , that he ought to instruct it , by some adminicles , further then his own Oath , that the Debt was , and was payed by him , in respect his Oath bore not a price made , and that he was Vncle to Baillie the Disponer . Mr. Alexander Nisbit contra Eodem die . MR. Alexander Nisbit , as Assigney to a Sum , pursues the Debitor for payment , compears the Arrester , who had arrested it in the Debitors hand , for a Debt due to him by the Cedent , and whereupon he had obtained Decreet before the Sheriff of Berwick . It was alleadged , for the Assigney , that the Decreet was null , because the principal Debitor was not called in the Decreet , for making forthcoming , or at least , at that time , he lived not within that Jurisdiction . It was answered , that albeit the Arrester had no more , but his naked Arrestment , he might compear for his Interest , and crave preference to the Assigney , whose Intimation was posterior . It was answered , he could not be pursued , hoc ordine● because he , whose Money was arrested , was not yet called , viz. The Assigneys Cedent , who is the Arresters principal Debitor ; who , if he were called , might alleadge , that the Debt whereupon the Arrestment proceeded , was satisfied , which was not competent to the Assigney , being jus tertij , to him . The Lords found the Arrester might compear in this Process , without calling his Debitor , but they found , that the Assigney might either alleadge payment in name of his Cedent , or if he craved a time to intimate to his Cedent , they would superceed to extract , till that time , that the Cedent might defend himself . Earl of Cassils contra Sir Andrew Agnew . Iune 6. 1666. THe Earl of Cassils , as Superior of some Lands holden of him , by Iohn Gardener , obtained Declarator of his Liferent Escheat , and that a Gift of the said Liferent , granted by the said Earl , to the said Iohn , was null , in so far as it contained a Clause irritant ; that if Iohn Gardener should give any Right of the Lands to any of the name of Agnew , the Gift should be null , ipso facto , whereupon in anno 1650. The Earl obtained Declarator of the Clause irritant , by Iohn Gardeners giving Right to Sir Andrew Agnew , and now insists for the Mails and Duties since that Declarator . It was alleadged , that the said Earl had accepted the Feu Dutie of several Years , since the said Declarator , and thereby had tacitly past from the Declarator , and could not seek both the Feu-dutie , and also the whole Mails and Duties by the Escheat . It was answered , for the Earl , that having both Rights in his Person , he might poynd the Ground for the Feu-dutie , and his Donatar might pursue for the Maills and Duties . 2dly , His acceptance of the Feu-dutie , albeit it could not consist with the Maills and Duties , yet it would only extend to these Years , that the Feu-dutie was accepted , and to no others . The Lords found the acceptance of the Feu dutie Relevant , only for these Years , for which it was received , but it occurred to some of the Lords , that if it were alleadged , there were three consecutive Discharges of the Feu-dutie , that these , as they would presum , all bygone Feu-dutie payed , so they would extend to the Maills and Duties , for all years preceeding the Discharges ; Therefore the Defender was ordained to condescend , if so many Discharges were , and that this point might be debated . William Crawfoord contra Andrew Duncan . June 7. 1666. WIlliam Crawfoord , as Assigney to a Bond of 200. merks , granted by Andrew Duncan , pursues for payment . It was alleadged , absolvitor ; because the Bond was null , having no Date at all , & data est de substantialibus . It was answered , that the Pursuer offered him to prove by the Defenders Oath , that it was his true Subscription , which was sufficient , and the Date is only substantial , when Improbation is alleadged , or any Right that might take away the Writ , if it were of such a Date ; as a prior Assignation , or general Discharge . The Lords found the Reply Relevant , with this provision , that the Defender might adject , what quality he thought fit , as these mentioned , or that it was done in Minority , or not delivered , &c. but they found him not oblidged to depone simpliciter , upon the verity of the subscription , and to prove such qualities , as they had done before , in a Holograph Writ , wanting Date the last Session , in the Process betwixt the Earl of Kinghorn and Sir James Murray . Elizabeth Anderson contra George Cunninghame . Iune 9. 1666. THis Cause betwixt Elizabeth Anderson , and George Cunninghame , anent a Legacie lest by the said George his Wife , to the said Elizabeth Anderson , being debated the 7. of February last . The Lords then found , that George , by confirming his Wifes Testament , in giving up his Debts , to exhaust the free Gear , and abate the Legacie , did not hinder himself to adduce further Debt , for a further abatement : but now it being further alleadged , that immediately , before the Confirmation , the Bond he would now add , was registrat , and he charged therewith , he could not be ignorant thereof , at the time of the Confirmation . The Lords altered their Interlocutor , and found that having scienter omitted that Deb● , he could not bring it in to the Legatars prejudice . This was stopt by Bill the next day . Colin Hay contra Magistrates of Elgin . Iune 12. 1666. COlin Hay pursues the Magistrats of Elgin , for the Debt of a Rebel escaping out of the Prison of Elgin , whom he had arrested there . It was alleadged , for the Defenders absolvitor , because the Rebel was not incarcerat by the Pursuer , upon his Caption , but being incarcerat by another , was only arrested in the Tolbooth by the Pursuer , and all that is produced to instruct the same , is only the Execution of a Messenger , who arrested the Rebel . It was answered , there was no difference , whether the Rebel had been incarcerat upon the Pursuers Caption , or had been arrested ; for in both Cases the Magistrats are lyable : and the keeper of the Tolbooth ought to have a Book , for certifying the Magistrats of all incarcerations , and Arrests in Prison ; and if they be neglective therein , it is on their perills ; and yet here the Messenger not only Arrested , but the Executions bore , that he intimat the same to the Provost , and Baillies . Which the Lords found sufficient , and Repelled the Defense , and found no difference betwixt Incarceration , and Arresting in Prison . Sinclar of Bryme Supplicant Eodem die . SInclar of Bryme gave in a Bill , bearing , that he had obtained Suspension of all Execution , and specially of Appryzing , which he presented at the time of the Appryzing , and yet the Messenger , and Writer went on , and Appryzed ; and therefore craved , that the Appryzing might be stopt at the Registers , and Seals . The Lords refused to grant the desire of the Bill , without there had been a Summons against the Appryzer past the Signet ; but would not upon a Bill cite Parties out of the Town , having no dependence on the House , nor annull , or hinder any pretended Right they had , without citing of them , but resolved to take in consideration the contempt of the Messenger , and Writer , at the discussing of the Cause . Sir Hendrie Hoom contra Tennents of Kello , and Sir Alexander Hoom. Iune 13. 1666. JOhn Hoom Younger of Kello , being Forefaulted in the Parliament 1661. For being with the English Armie , against the Kings Armie , at Worchester , 1651. Sir Alexander Hoom obtained Gift of the Forefaultry , and thereupon came in possession . Sir Hendrie Hoom having Appryzed the Lands of Kello , from the said Iohn Hoom , and his Father Alexander Hoom upon their Bond , and having charged the Superiout , in 1653. to Infeft him , obtained Decreet of Maills and Duties against the Tennents ; which being Suspended upon double Poynding ; and Sir Hendrie and Sir Alexander competing . It was answered , for Sir Alexander , the Donatar , that he had possest three years , and offered him to prove , that the Rebel had possest five years before ; therefore craved the benefit of a possessorie judgement . 2dly , That he was preferable in poynt of Right , in so far as he offered him to prove , that the Rebel was five years in possession , before the Forefaulture , which gives the King , and his Donatar compleat Right by the Act of Parliament . It was answered , for the Creditor , that he ought to be preferred , because , there being no retour upon the Act of Parliament , finding by the Inquest , that the Rebel was five years in possession , as Heretable Possessor , he can neither have the benefit of a possessory Judgement , nor stop the Creditors Diligence , who found themselves upon the Appryzing against the Father , who stood publickly Infeft , and there is no sufficient Right in the Rebels Person alleadged , nor produced . It was answered , that the five years possession might be proven by Witnesses , by way of Exception . 2dly , It was offered , to be proven by an Inquest , conform to the Act of Parliament . The Lords found no benefit of a Possessory Iudgement competent ; neither would they sustain the five years possession by way of Defense ; but decerned superceeding Extract , while the 15. of July , within which time , if the Donatar obtained the retour of an Inquest , he should be heard thereupon . The Donatar further alleadged seperatim that the Rebel was Infeft by the Father , which was sufficient to prefer him without an Inquest . It was answered , non relevat , unless he had either been publickly Infeft , or by base Infeftment cled with possession , before the Superior was charged upon the Creditors Appryzing , which , being equivalent to a publick Infeftment , is preferable to the Rebels base Infeftment . It was answered , that the King , or his Donatar needed no possession , nor can be prejudged for want of Diligence . The Lords found the Creditors alleadgeance relevant . Iack contra Mowat . Eodem die . THE Lords found , that Iack having obtained Decreet , as Assigney by his Father , it was relevant for the Debitor , to alleadge and prove by the Assigneys Oath , that the Assignation was without a cause onerous , and by the Cedents Oath , that the Debt was payed before Intimation . Sir Henrie Hoom contra Sir Alexander Hoom. Iune 14. 1666. IN the Cause debated yesterday , betwixt Sir Henrie Hoom , and Sir Alexander Hoom. It was further alleadged , for Sir Alexander Hoom , that the Rebel had not only five years possession ; but was Infeft by an Infeftment holden of his Father , which was cled with Possession , before the Appryzers charge against the Superior , in so far as the Infeftment bore a reservation of the Fathers Liferent , and so the Fathers Possession was the Rebells Possession , and was sufficient to validat the base Infeftment ; seing there could be no other Possession attained , during his Fathers lifetime ; or at least , there was reserved to the Father a yearly Rent , and the Rebel gave his Father a Warrand in Writ to continue his Possession , of such of the Lands for the same . The Lords ordained the Donatar to condescend , whether the Rebells Infeftment proceeded upon his Contract of Marriage ; And he declaring that it was by a distinct Right thereafter . The Lords found the Possession of the Father not relevant , it being betwixt Conjunct Persons , privat , and suspect : For they thought , if possession by such Reservation , betwixt Father and Son were sufficient , the Creditors would hardly be secure . Dumbar contra Lord Duffus . Eodem die . THE Lord Duffus having obtained a Decreet of removing , against Dumbar , his Tennent , and having execute the same , by Letters of Possession . The Tennents raises Suspension , and Reduction of the Decreet , and a Summons of Ejection ; the Reason of Reduction was , that the Sheriff had done wrong , in repelling and not expressing in the Decreet a relevant Defense . 2dly , That the Tennent could not be decerned to remove ; because he was already removed irregularly , by Ejection ; and ought not to be put to defend in the removing , till he were repossest , spoliatus ante omnia est restituendus : which he instructed , by an Instrument taken in the hand of the Clerk of Court ; and where it was replyed before the Sheriff , that he had not found Caution , for the violent Profits . He answered , that he needed not , seing the Pursuer himself was in possession , by the Ejection . It was answered , that the Lord Duffus offered him to prove , that all he did , was to put in some Corns , and Plenishing in an ou● house , long after the warning , of the Tennent that had taken the Roum ; and that he continued to possesse all the rest of the house , and the whole Land , by his Cattel , till he was Legally removed ; and neither the Family , nor Goods of the new Tennent came in , till then . It was answered , that the alleadgeance was contrair to the Tennents Lybel of Ejection , bearing , that he was dispossest , both from the house , and Lands . The Lords considering , that the Tennents was only positive , in Ejection from the House , and had once acknowledged , that he was not Ejected from the Land ; they Asso●lzed from the Reduction of the Decreet of Removing ; but they sustained the Action of Ejection , and Repelled the Defenses , as contrair to the Lybell , Reserving to themselves the modification of the violent profits , and the other party to debate , whether , after the Decreet of Removing , the Tennent should have re-possession , or only the profits , or damnages . George Tailzor contra Iames Kniter . Jun● 15. 1666. GEorge Tailzor , having Appryzed some Lands in Perth , set a Tack of a part of it to Iames Kniter , who , thereafter Appryzed the same . Tailzor now pursues a Removing against Kniter , who alleadged , absolvitor , because he had Appryzed the Tenement , within year and day of the Pursuer ; and so had Conjunct Right with him . It was answered , that he could not invert his Masters Possession , having taken Tack from him . The Defender answered , it was no inversion , seing the Pursuer , by Act of Parliament had Right to a part , but not to the whole , and the Defender did not take Assignation to any new Debt , but to an old Debt , due to his Father . The Lords sustained the Defense , he offering the expenses of the Composition , and Appryzing , to the first Appryzer , conform to the Act of Parliament . Alexander Stevinson contra Laird of Hermishills . Eodem die . ALexander Stevinson , as Assigney by his Father , pursues Hermishills for payment of a Bond , who alleadged , absolvitor , because the Defender , as Heir to his Father , had right to a Bond , due by the Pursuers Father , before the Assignation ; after which the Assignation was a Deed , infraudem Creditorum ; and so null . It was answered , non relevat , unless the Cedent had been Bankrupt , or at least insolvend● . The Lords Repelled the Defense , in respect of the Answer . The Defender furder alleadged Compensation upon the said Bond ; which was relevant● against the Pursuer , both as Heir to , and as Assigney by his Father . It was answered , non relevat ; against the Pursuer , as Executor , but for his fourth part , being one of four Executors . 2dly , The Defenders Father was Tutor to the Pursuer ; & nondum reddidit rationes . The Lords found , that Compensation being equivalent to a discharge , taking away the Debt ipso facto ; it might be proponed against any of the Executors , in solidum : but in regard the Tutors accompts were depending , the Lords sisted his Process , till he Tutors Compts proceeded . Sir Robert Sinclar contra Laird of Houstoun . Eodem die . SIr Robert Sinclar pursues a Poynding of the Ground , of the Lands of Leni , upon an old Annualrent , of 20. merks . Constitute above a 100. years agoe . Houstoun alleadged absolvitor , First , Because he brooked these Lands past Prescription , peaceably , without any pursuit upon this Annualrent . 2dly , Because this Annualrent was base , and never yet cled with Possession ; and his Infeftment was publick . It was answered to both , that the Pursuer produced a Decreet of Poynding the Ground , in Anno 1608. Since which , the Pursuers Minority being deduced , it is not 40. years . Likeas , there is produced a Precept of Poynding , for the said Annualrent . It was answered , that the Decreet in Anno 1608. was only against the Tennents , and Possessors ; and so is null , the ●eretor not being called . It was answered . First , That albeit the Decreet had been defective , for not calling the Master , yet it was sufficient to interrupt Prescription . 2dly , It was sufficient to give possession , and to validat a base Infeftment , by a civil possession : for as natural possession , by the Tennents payment would have been sufficient , though without their Masters knowledge , or consent : So a Decreet , yea , a citation against them , is sufficient for a possession , as being equivalent to a natural possession : and albeit the Proprietar could not be prejudged , as to the constituting an Annualrent , in the point of Right , not being called : yet as to the Point of Possession the Right being constitute , he might . 3dly , Albeit the Heretor must be called , when his Ground is first affected with an Annualrent , in attinenda possessione , yet if the Annualrenter be in possession , he may continue the same , without calling the Master ; as well as in Tyends , Thirlage . &c. And here the old Precept of Poynding was evidence sufficient of a prior Possession , in re tam antiqua . The Lords found , that the Decreet was Possession sufficient , to interrupt Prescription . Minister of contra Lord Elphinstoun . Iune 16. 1666. MInister of pursues the Lord Elphinstoun , for the Viccarage Teinds of his Lands in his Paroch . It was alleadged , absolvitor , because he brooked these Lands by immemorial possession , without paying any Viccarage , and so had prescribed Exemption , and Liberty . It was answered , that the Viccarage being due de jure cummuni ; desuetude cannot take them away , nor can any Prescription give Right to them , unless it were by a Title ; as if the Lands had been Templar Lands , or belonging to these Orders , which payed no Teynds , but were exempted by the Cannon Law ; and therefore , in the last Session , it was found in the Case of the Earl of Panmoor , that 40. Years did not prescribe the Right of Parsonage , except for the Years preceeding the 40. It was answered , that there was a great difference betwixt Parsonage and Viccarage , which is Local , and Consuetudinary , which is therefore only found due , according to what has been accustomed to be payed ; so that the Teynd of Lint , Hemp , Geess , Stags , Swine , Fruits , Fishes are only due in these parts , where they have been so accustomed : and therefore , as custome may take away a part , so it may extinguish the whole . The Lords found the Defender could be no furder lyable , then for that Viccarage , which was commonly payed throughout all the Kingdom . viz. Stirk , Lamb , and Wool ; and sustained not the same for Milk , or any other particular . But the Defender , upon the twenty one of Iune , having Supplicat to be further heard , alleadging , that it was a common Case , that when the Lands were most in Labourage , and the Viccarage small , and not considerable , that through the whole Country Viccarage was never craved , time out of minde . The Lords stopped Interlocuquutor , till they were further heard . Thomas Begg contra Patrick Nicoll . Iune 22. 1666. THomas Begg gave Commission , bearing , that he had delivered a certain Sum of Money to Patrick Nicoll , to buy Wair for him in England ; whereunto there is subjoyned the said Patrick his acceptance , bearing Sea hazard excepted . Thomas Begg now pursues for the Money , or Wair● Patrick Nicoll alleadged absolvitor ; because he offers him to prove , that shortly after the said Commission , he went upon the Voyage , and that the Ship was taken , and the whole Goods there , wherein it must be presumed , the Pursuers Money was . It being impossible for the Defender , to prove that , that individual Money was there , and yet he is willing to make faith , that it was there . It was answered , that the Defender had Factor-fee , and should have transmitted the Money by Bill , as he did some of his own ; and at least he might prove , that he had a considerable Sum of Money in the Ship. The Lords sustained the Defense , and Repelled the Reply , and that the Defender being trusted by the Pursuer , he could not refuse his Oath , in Supplement , that his very Money was taken ; seing he neither might , nor could show , what money he had , when he entrèd to his voyage , unless the Pursuer alleadged , that he gave the Defender allowance for the Exchange . Earl of Eglingtoun contra Laird of Cunninghamhead . Iune 23. 1666. THE Earl of Eglingtoun , pursues the Laird of Cunninghamhead for the Teynds of Peastoun , who alleadged absolvitor , for 60. lib● Yearly , which by Decreet of the Plat , he payed to the Minister of Irving , and produces the Decreet . It was alleadged , that where the Decreet bore , out of the Teinds , it was meer Error of the Clerk , and disconform to the ground of the Decreet ; which was a tripartite Contract , whereby the Earl of Eglingtoun agreed for so much Victual , out of his Teynd , beside what was to be payed by the Town of Irving , and Heretors ; and the Heretors oblidged them , and their Heirs , and Successors of these Lands to pay so much Money ; which cannot be understood , out of their Teynd ; they being oblidged , as Heretors , and the Teynd not being theirs ; but the Earl of Eglintouns , who was oblidged so much out of his Teynds , besides these oblidgments . It was answered , that this being , to lay a burden of Stipend upon the Stock , is most unfavourable , and the meaning thereof cannot be inferred , unless it had born expresly , out of the Stock ; especially , seing the Teynd was under Tack , and it was ex gratia , for them to pay any more then their Tack-duty , but now when the Tacks are expired , the Earl cannot crave the whole Teynd , and lay this burden upon the Stock . 2dly , The Lords cannot alter the express tenor of the Decreet of Plat , which was a Commission of Parliament . The Lords found , that the tripartite Contract ; as to this , did not burden the Teynds , and therefore , seing the Plat could only decern out of Teynds , they found that by this Contract , the Heretors behoved to relieve the Teynds of this burden , out of their Stock . Arbuthnet contra Mary Keith . Eodem die . Andrew Arbuthnet , having gotten a Gift to the behove of the Viscount of Arbuthnet , of the Marriage of the Heirs of Iohn Keith of P●tten , did thereupon pursue the two Heirs Portioners , one of them being dead , he insists now against the other , for her part , who alleadged no Process , because none was called to represent the other , who is thus far interessed , that the Probation of the avail of the Marriage , against the one will prejudge the other . The Lords Repelled the Defense , and found it would not prejudge the other , against whom new Probation behoved to be used . Patoun and Mercer contra Patoun . Eodem die . JOhn Patoun , as Heretor of the Miln of Mukart , pursues for the abstracted Multures , and alleadges , that the Miln is the Miln of the Barony , and the Lands a part of the Barony , and that they being in immemorial Possession of Intoun Multures , of one peck of the Boll ; and that above thirty years ago , there was a Decreet arbitral , by the Marquess of Argyle , Decerning these Multures . The Defenders alleadged Absolvitor , because they were Infeft before the Pursuers Right produced , cum molindinis ; and as to the Act of Court , the whole Tennents were not present : and the Decreet Arbitral , it is under Reduction . The Lords sustained the Pursuers Condescendence , reserving the Reduction as accords . Masson contra Iune 27. 1666. MAsson pursuing a Declarator of Escheat . It was answered , that all Parties having Interest were not Cited at the Mercat Cross , conform to the Warrand of the Letters . It was answered , that was but stilus curiae , long indesuetude , and it is enough that the Rebel is Cited , and none would be prejudged , who were not Cited , and any may compear that pleases , for their Entress . The Lords Repelled the Defense , and Forefault the amand given thereupon , as being contrair to the common Custom . Laird of Philorth contra Lord Fraser . Iune 28. 1666. THe Laird of Philorth pursues a Declarator of Property , of Lands lying about the Kirk-yard of Rathan , and particularly , that a part of the Land within the Kirk-yard-dyke , is his Property , and that therefore the Dyke ought to be Demolished , and specially the Lord Fraser's Arms upon the common Entry of the Kirk-yard-dyke . It was alleadged for the Defenders ; first , absolvitor , because the Pursuer had homologat the Right of the K●rk , as to the Kirk-yard-dyke , and all within it , in so far as he had buried the Dead of his own Family in the bounds in question ; and likewise his Tennents . The Lords found the former part Relevant ; but not the latter , unless he had been present at his Tennents Burials , or otherwise had consented . The Defenders further alleadged Absolvitor , because the Minister , and Parochioners of Rathan had possest the Kirk-yard , and Dyke peaceably , by the space of 30 years , which is sufficient , to give them a Right upon this Point . There occurred to the Lords these Points ; first , Whether less Possession then 40 years could Constitute the full Right of a Kirk-yard ? 2ly . VVhether less Possession , by burying of the Dead , could take away anothers Property ? And whether simply , or so as to give him Damnage , and Interest ? 3ly . VVhether an Interruption , made after the Building of this Dyke , by the Pursuers raising Summons , shortly thereafter , could operate any thing ? if the Defenders had bruiked , since the Interruption , by that space , that would have been sufficient to Constitute a full Right before Interruption . Many were of the opinion that Kirk-yards have as great priviledge as any Kirklands ; and that in Kirk-lands , 10. years Possession before the Reformation , or 30. years after , according to the old Act of Sederunt of the Lords , did Constitute a full Right ; as well as the long Prescription in other Cases ; and likewise that in Ecclesiasticis , 13. years Possession did Constitute a Right , decennalis & triennalis possessor non tenetur docere de titulo ; and that accordingly the Lords were in use to decide in all such Rights ; But the Point to be decided was , Whether Interruption once used , endured for 40. years ? so that albeit 13. years would suffice ; yet the Interruption long before these 13. would alwyse be sufficient till the Interruption did prescrive by 40. years ; wherein many were in the Negative , that as in a possessoy Judgement on 7. years , if Interruption were alleadged , it was always a relevant Reply , that since the Interruption , the Defender has Possest 7. years without Interruption : so if 10. or 13. years be sufficient to the Kirk , no Interruption preceeding , but only such as are done during these years , can be sufficient ; for if 13. years will take away the Solemnest Rights , and Writs ; much more may it a Citation . Others were for the Affirmative , on this ground , that in the short Prescription of 3. years , in Spuilzies , &c. Interruption once used serves for 40. years ; so it must in this case ; for he that once Interrupts , is alwise holden as continuing in that Interruption , until it Prescrive , or be otherwise past from . But it was answered , that it did Prescrive by Possessing 13. or 30. years in rebus ecclesiae , Church-men seldom have , or keep Evidents ; albeit in other Cases , Interruption would only prescrive in 40 years . Yet the plurality found , that after Interruption , no less then 40. years Possession was sufficient , but reserved to the Lords the Question anent the ground , in so far as dead were buried therein , after Probation . Iohn Mcmorlan contra William Melvil . Eodem die WIlliam Melvil , and one Hatter an Englishman , both Residing in England , gave Bond to Gawin Lourie Residing there , after the English Form , who Assigns it to Iohn Mcmorlan . Melvil Suspends upon this Reason , that he had made payment to Gawin Lourie the Cedent , which he offered to prove by Gawins Oath , and which could not be refused , because he offered to prove that it was the Custom of England , that the Cedents Oath can never be taken away by Assignation , as it is in Scotland , but that Assignations are only as Procuratories , and that payment might be proven there by Witnesses , to take away Writ . It was answered , that the Law of Scotland must regulate the case , because the Assignation is according to the Scots stile , and the Debitor , albeit Residing in England , was a Scots man , and knew the Custom of Scotland . The Lords found that the manner of Probation behoved to be Regulate according to the Custom of England , and so , that payment might be proven by witnesses , or by the Cedents Oath , yet so , as the Cedent could not be holden as confest , but the Debitor or Suspender behoved to produce him , and move him to Depone : Wherein the Lords so Declared , because they were informed , that the Suspender proponed the Alleadgeance , because the Cedent was Quaker , and would not swear at all . Duke of Hamiltoun contra Duke of Buckcleugh . Eodem die . THe Duke of Hamiltoun , as Collector of the Taxation , having Charged the Duke of Buckcleugh for the Taxation of the Lordship of Dalkeith . He Suspended upon this Reason , that the King Possest these Lands Himself , the years of the Taxation , and so cannot demand them from the Suspender , who is a Singular Successor . The Charger answered , that he had the Taxation from the King for a Cause Onerous , viz. a Debt . The Lords found the Reason of Suspension Relevant . Dougal Mcpherson contra Sir Rory Mcclaud . Iune 29. 1666. DOwgal Mcpherson pursues Sir Rory Mcclaud , for payment of a Sum , upon his promise , and the Summons bears a Warrand to Cite him at the Mercat Cross , nearest the place of his Residence , being in the lsles : whereupon the Pursuer craved him to be holden as confest . The Defender alleadged , that he was not Personally apprehended , and so could not be holden as consest ; and that this Citation at the Mercat Cross was periculo petentis , and not to be Sustained in the time of Peace , when there was no Trouble in the Countrey . The Lords found , that Warrands for such Citations ought not to be granted by common Bills , of course , but only by the Lords , upon special Bills in presentia , but seing the Defender compeared , they allowed his Procurator a long time to produce him . Ianet Kid contra Dickson . Eodem die . JAnet Kid pursues Reduction of a Disposition of some Tenements in Forfar , made by her Father on this Ground , that the Disposition is subscribed but by one Nottar , and one Witness , and the Charter by one Nottar , and two VVitnesses , and so is null by the Act of Parliament , requiring two Nottars , and four VVitnesses , in VVrits of importance . It was answered , that the Tenements being small , the price of one exprest , being 200. merks , and the other 300. merks , the foresaids two VVrits were sufficient , cled with many years Possession , in the Defuncts time . who never challenged the same . 2ly , They are Established by the Seasine given propriis manibus , conform to the Obligement of the Disposition , and Charterby a Town-clerk , Registrat in the Town Books . The Lords having Ordained the Defenders to condescend , upon any Adminicles they had , for astructing the verity of the Subscription , they condescended only on seven years Possession , which the Lords found was not sufficient to Establish the Right , without Reduction : but if the Defender had condescended on 40. years Possession , The Lords Declared they would hear them Dispute , whether that could be sufficient , or not . Chalmers contra Bassily . Iune 30. 1666. MR. William Chalmers being to go abroad , grants a Factory to Bassily , bearing , to endure untill he returned , and after Discharged the same in VVrit ; he now writes a Letter to his Father , bearing , That he would do any thing he could to recal , and reduce that Factory , whereon a Reduction was raised on this Reason , That all Factories of their Nature are Revockable at the pleasure of the Constituent , albeit they contain a Term of endurance . It was answered , that this Factory , containing such an endurance , cannot be Revocked till the Term come . 2ly . Albeit Factories be Revockable , yet it must be re integra ; but here the Factor hath advanced considerable sums of Money , upon consideration of the Factory . The Lords found the Factory Revockable , the Factor being always refounded of what he profitably Expended upon consideration thereof before he quite Possession . Martin Stevinson contra Dobbie . Eodem die . DObby being Tennent to Iames Stevinson of certain Lands , he gets an Infeftment of Annualrent out of the same Lands , before Whitsonday , but the first Terms payment of the Annualrent was Martinmas thereafter ; after Whitsonday and before Martinmas , Martin Stevenson apprizes the Land , and Charges the Superiour , and thereupon pursues for Mails and Duties . Dobby excepts upon his Infeftment of Annualrent . The Pursuer answered , that the Infeftment was base , and before it was , or could be cled with Possession , he had Charged the Superiour , which was equivalent to a publick Infeftment . The Defender answered , that a publick Infeftment interveening , before the first term of payment of the Annualrent , did not prejudge the base Infeftment , which could not be presumed to be privat , or simulat for want of Possession , till the Term came , at which Possession might be attained , or pursued for . 2ly , The Defender being in Natural Possession , from the very Date of his Seasine , intus habet , and he may retain his own Annualrent , which begins to become due from the Date of his Seasine , de momento in momentum , albeit there be a Term appointed to pay accumulative , so that as the getting payment from the Possessor of any part of the Annualrent , or his Obligement for the same , would be a Possession sufficient ; so the Defender having the same in his own hand as Possessor , it is equivalent . The Lords found this Member of the Defense Relevant , and had no necessity to decyde the other Point ; whether the interveening publict Infeftment , before the first Term , would exclude the base Infeftment , without Possession , wherein they thought that there was great odds , if the Appryzers Infeftment , or Diligence had been before Whitsonday , in respect the first Term of the Annualreni ; was not the next Term after the Seasine , and so if it might pass one Term , by the same Reason it might pass ten Terms , and be valid ; because in neither Case , could Possession , or Action proceed thereon , and therefore might be suspected of Simulation , so that if the Appryzers Diligence had been before Whitsonday , the Annualrenter could have no Right to that Term , and so the Appryzer would attain to the Possession , and could hardly be excluded thereafter . Stevin contra Boyd . Eodem die . STevin pursues his Mother as his Tutrix , and Iohn Boyd as Husband , and Factor , for an Accompt of his Fathers means : In which Accompt these Points were reported : First , There was some old unfashionable Ware in the Defuncts Inventar not Sold , whereof the Tutrix offered to the Pursuer his two third parts in specie . The Pursuer answered , that the Tutrix had priced the same , and behoved to accept them at that price , and that she ought to have done Diligence to have Sold them ; and Executors are never liberat but upon payment of the price . The Lords found , that albeit Executors are comptable to Creditors always for the price ; yet not so to the Children ; and therefore if it was visible that the Ware was old , and could not be Sold , wherein the Tutrix was at the loss of her Third , They found the same should be accepted ; but in that Case they found the Tutrix lyable for any greater price she got , then that contained in the Testament . The second point was , what Diligence the Tutrix should be lyable for , whether Registrat Horning were sufficient , or if Poinding and Apprizing behoved to be used . The Lords found , that Horning would not be sufficient in all Cases , but according to ehe Condition of the Debitors , and therefore ordained the Parties to condescend thereon . Fleming contra Fleming . Iuly 3. 1666. DAm Elizabeth Fleming being Executrix to her Husband , and Tutrix to her Children , gave out the sum of 6000. merks to the Lord Cardross , and took a Bond● bearing the same payable to her self in Liserent , and to Malcolm , and Andrew Flemings , and failzing the one by Decease , to the other ; This Bond by a former Interlocutor , was found not to be altogether a Donation ; but it satisfied the two Bairns Portions pro tanto . Malcolm being now dead , Andrew the surviver claimed the sum by the Substitution . Thereafter the Children as Executors to Malcolm , claimed the same , on this ground , that this sum not being found a Donation , but to be given in satisfaction of of Andro's Portion , the Tutor could not Substitute any Heir to Malcolm , but behoved to remain as it had been lent , as Malcoms own means , in which case it would belong to his whole Brethren and Sisters , and not to Andrew only . Andrew all eadged , that he being Substitute by his Mother , who had now Right from the remanent Children , she who had Constitute this Substitution could never quarrel the same . It was answered for the Mother , that she did not quarrel the Substitution ; but that albeit the Substitution took place , Andrew was her Substitute , and so was in the same condition as Malcolm , so that Malcolms half behoved still to be taken away by Compensation , in so far as she was Creditor to Malcolm , as if Malcolm were alive . It was furder alleadged for Andrew , that in such a Clause as this , there was no Fiar , and Heir , but two conditional , or alternative Fiars , viz. either of the Children that Survived ; and therefore such Clauses would never make the Substitute Heir to represent the Defunct , and be lyable to his Debts . The Lords found , that by the Clause of Substitution , the Person Substitute was Heir of Provision , yet not so as to be lyable to the Person Substitute his whole Debt ; but quoad valorem , of what the Substitute had obtained by the Substitution ; And therefore found the Sums to belong to Andrew as Heir Substitute , and yet with the Burden of the Compensation , in the same Case as was Competent against Malcolm himself . By which Decision it follows , that the Mothers Substitution to Malcolm was Effectual , for which there is no reason , but the Error was in the first Concoction , for this Sum should have been found a pure Donation by the Mother , not only in respect of her Liferent reserved , which she past from , but in respect of the Substitution , which she could not pass from , being jus tertij . Earl of Kinghorn contra Laird of Udney . Eodem die . THe umquhil Earl of Kinghorn having granted a Wodset to the umLaird of Vdney , he by his Missive● acknowledged the Sums to be satisfied , and obliged him to grant a Renunciation , whereupon the Earl of Kinghorn pursues this Vdney , as representing his Father to grant Renunciation , and Procuratory of Resignation ; and condescended upon the passive Titles thus , that umquhil Vdney , after the Receipt of the Sums contained in the Wodset , had Infeft the Defender in the Estate of Vdney , reserving to himself a power to alienat , and Dispone ; after which Infeftment , this Missive is subscribed , acknowledging the Receipt of the Sums of before ; and thereupon alleadged , first , That the Father was oblieged by the Contract of Wodset , upon payment of the Sums to Renunce , and Resign , in prejudice of which Obliegements , he had Disponed his Estate to the Defender , who was alioqui successurus , and so as lucrative Successor , is oblieged to grant the Resignation . 2ly , The Letter obliging the Father to grant Resignation , albeit it be after the Infeftment ; yet seing there is a power reserved to the Father to Dispone his Obligement , must oblige the Son. It was answered , that there was nothing before the Defenders Infeftment , to instruct payment , the Letter being after , and no Obligement therein could burden him thereafter , unless his Father had Disponed , or had given a Security out of the Estate , conform to the Reservation . The Lords found this passive Title new and extraordinary , therefore moved to the Pursuer to alter this Libel , and Libel therein a Declarator of Redemption , and to conclude the same , either with a Reduction or Declarator , for declaring that the Wodset Right being acknowledged by the Wodsetter to be satisfied , might be declared Extinct ; in which case there needed no Resignation ; or otherwise might conclude the Defender to grant Resignation , and the Defender thereupon Renuncing to be Heir , the Pursuer might adjudge , and thereupon be Infeft : But others , thought that hardly could a Right be adjudged , which was satisfied and extinct . The Lords referred to the Pursuers choise , vvhich of the vvayes he thought fit . Iean Cuningham contra Laird of Robertland . Iuly 4. 1666. JEan Cuningham as Donatrix to the Escheat of umquhil Sir David Cuningham of Robertland , pursued general Declarator against his Son , who alleadged Absolvitor , because the Horning was null , seing the Charge and Denunciation was only at the Mercat Cross of Edinburgh , whereas by the Act of Parliament , 1597. c. 294. all Hornings Execute against Persons within the Realm , dwelling within Bailleries , or Stewartries , should be Execute at the head Burgh thereof . Ita est , umquhil Robertland , had his Dwelling-house at Robertland , within the Baillerie of Cuningham , albeit for a time he was out of the Countrey , and was a Prisoner of War for the King. The Lords Repelled the Defense , and sustained the Horning , and found that the Act of Parliament met it not ; seing neither the Person Denunced was within the Realm , nor dwelt within the Baillerie at that time ; but had remained several years in England . Hallyburton contra Hallyburton . Eodem die . HALLYBURTON pursues a Reduction of an Infeftment , granted by by his Father upon his Death-bed , to his Sisters , who alleadged absolvitor , because he had consented to the Disposition , in so far as he had Subscribed Witness thereto , and if need beis , offered to prove that he had read the same . It was answered , non relevat , because the Subscribing as Witness , relates only to the verity of the Parties Subscription , and nothing to the matter therein contained , so that whether the same was Read or not , it can import no Probation . The Lords found the Defense Relevant , reserving to themselves to consider what the naked Subscription without the Reading of the Writ should work , in case the Reading thereof were not proven . Earl of Hume contra His Wodsetters . July 5. 1666. THE Earl of Hume pursues certain Wodsetters to Compt and Reckon for the Superplus , more then their Annualrents , conform to the late Act between Debitor and Creditor ; Who alleadged , first , Absolvitor , because the Reversion produced is null , not being Registrat conform to the Act of Parliament 1555. c. 29. Ordaining all Reversions to be Sealed , and Subscribed by the Parties own hand , or a Notar , which shall make no Faith , if it be not Registrat . It was answered , that that Act of Parliament was in desuetude , not only upon the Point of not Registration , but want of Seasine ; otherwise the Act of Parliament 1617. Anent the Registration of Seasines , had dot been necessar . The Lords Repelled the Defense , and found the said old Act of Parliament to be in desuetude . One of the Defenders further alleadged , that the Rights of these Reversions are prescribed , because they were not pursued within the 13 years appointed by the Par. 1617. c. 12. It was answered , that the Pursuer , or his Predecessor were Minors , during the space of 4 or 5 years of the said 13 & prescriptio non curit contra minorem . It was answered for the Defenders , that in this part of the Act , there is no exception of Minors ; albeit in the former part of the Act , anent the 40 years , Minority be expresly excepted . & exceptio firmat regulam in casibus non exceptis , especially seing Reversions being but pacta de retro vendendo , and so Bonds were prescribed by the old Act of Parliament , so the addition of 13 years was ex mera gratia , and ought to be strictly interpret . The Lords did also Repel this Defense , and found that the 13 years run not against Minors . It was further alleadged for one of the Defenders , that the Reversion made use of against him , was since the Act of Parliament 1617. and not Registrat , and so could not operat against him , who is singular Successor to the Granter thereof . The Pursuer Replyed , that before the Defenders Right , he had used an Order of Redemption , and had Execute a Summons of Declarator , whereby res fuit litigiosa ; and no Right granted thereafter , can prejudge the Pursuer . The Lords found the Reply Relevant to elide the Defense . Laurence Scot contra The Heirs of Line of Auchinleck . Eodem die . LAurence Scot pursues the Daughters of umquhil David Boswel of Auchinleck , and the Lord Cathcart , and the Lairds of Adamton , and Sornbeg , for a thousand merks adebted by him to the Defunct . The Defenders offered to Renunce . The Pursuer Replyed , they could not Renunce , because they had behaved themselves as Heirs , in so far as by agreement betwixt them , and the Heir-male , they had Renunced their Interest of the Heretage in his favours , and had gotten sums of money therefore . It was answered , non relevat , unless they had so Renunced , as to prejudge the Creditors , or to Assign , Dispone , or Discharge any thing they might succeed to , but if they only got Sums of Money from the Heir-male , in way of gratuity for their kindliness to the Estate , and to grant a Renunciation voluntarly , as Law would compel them , it would not make them lyable ; and the truth is , that by the Defuncts Contract of Marriage , the Estate is provided only to the Heirs-male , and only 10000 merks to the Daughters : Likeas , the Defunct Disponed the Estate to his Brothers Son , who adjudged both upon the Clause of the Contract , and Disposition , and the Defenders Renunced to him ; as a Creditor , in common form . The Lords found that the geting of Sums of Money , for such a Renunciation , by which the Creditors were not prejudged , did not infer behaving as Heir . Collin Hay contra Magistrats of Elgin . Eodem die . COllin Hay insists in his pursuit against the Magistrats of Elgin , for payment of a Debt due to him by a Debitor , who escaped out of their Prison . It was alleadged by the Defenders , that the Prisoner escapt vimajori , without their fault , in so far as on a Sabbath , when the People were all at Preaching , the Officer Keeper of the Prison opening the Door , a Woman did cast a Plaid over the Officers head , and pull'd him at unawars to the ground , in the mean time the Rebel escap't , whom the Officer followed , and was wounded by several persons , whom he had lying darn't in the Town , to assist him . The Lords found the Condescendence not Relevant , and that the Magistrats should have had their Tolbooth better Secured , then the same could be forc'd by one Woman ; for there was no other alleadged present , before the Prisoner got out , neither was it a competent time to open the Tolbooth upon the Sabbath , when the People could not concur in case of Force . Parson of Morum . contra Laird of Beirford and Beinstoun . Iuly 6. 1666. THe Parson of Morum pursues Reduction of a Tack set by the former Parson to Beirford and Beinstoun , as being granted without consent of the Patron . The Defenders alleadged absolvitor , because the Tacks were set by the Parson , who had Commission from the Earl of Buckcleugh , Patron to Set Tacks . 2ly , The Tacks were Set with consent of Francis Steuart , Lord Bothwel expresly , as Patron , which Francis Steuart had Right to the , Patronage , in so far as this Patronage , with the rest of the Estate of Bathwel , being Forefault , the Earls of Buckcleugh , and , Roxburgh got Gifts thereof , but by the Kings Decreet Arbitral , betwixt Francis Steuart and them , Buckcleugh was ordained to denude himself of this Patronage , and others in favours of this Francis. The Pursuer answered , first , That no Commission granted by the Patron to the Parson himself , could be sufficient , because the intent of the Act of Parliament , requiring the consent of Patrons , was not for any advantage , or Interest of the Patron , to his own behove , but to the behove of the Benefice , that the Incumbent might meliorat the same ; and so the Patron was by his Right of Patronage , as Curator Ecclesiae ; but Curators cannot authorize their Minors by Commission , at least the Patron cannot give commission to the Beneficed Parson himself , no more then he could Renunce the benefit of the Act of Parliament , and leave the Parson to himself . 2. Before the Tack was Set , the Earl of Buckcleugh , Granter of the Commission was dead , & morte mandatoris perimitur mandatum . As for Francis Steuarts consent , he was not Patron , not being Infeft ; but the Kings Decreet Arbitral , imported only a Personal obligement for Buckcleugh to denude ; so that if Buckcleugh thereafter should have consented to another Tack , that would have been preferred . The Lords found that Member of the Alleadgence , of Buckcleughs , being dead before the Tack , not Relevant , to annul the same , as depending on his Commission ; but decided not the first Point , whether Commission could be granted by the Patron , to the Parson himself ; but found the last Member Relevant , to defend the Tack ; for the Right of Patronage , being jus incorporale , might be Transmitted by Disposition , without Infeftment , and albeit Buckcleugh was not formerly denuded , even by Disposition , so that if he had consented to another Right , that , as more formal , would have been preferred , yet , there being no competition , the Parson cannot quarrel the want of the Patrons consent upon that ground . Isobel Tosh contra David Crookshank . Eodem die . ISobel Tosh pursuing Reduction of a Decreet , pronunced in foro contradictorio , and in presentia , on this ground , that it was Extracted by the Clerks unwarrantably , contrair to what was done by the Lords , which they offered to prove by the Oaths of the Advocats on the other side . It was answered , this were a ground to Reduce all the Lords Decreets , in foro . Yet the Lords sustained the reason to be proven , as said is . Corbet contra Sterling . Eodem die . COrbet of Concorse pursues a Spuilzie of certain Goods out of his House at Glasgow , against William Stirling , who alleadged Absolvitor , because he had lawfully poinded them from his Debitor , in whose Possession they were . The Pursuer answered , that he offered him to prove , that he had Disposition of these Goods from that Partie , from whom the Defender alleadged to have poinded them , and an Instrument of Possession thereupon ; and that he had payed Mail for the House where they were several years , and still when he came to Glasgow he did Reside in the House , and made use of the Goods . The Defender answered , that his Defense did yet stand Relevant , because the Condescendence makes it appear , that the Pursuers Right was from the Defenders Debitor , and any Possession he alleadges might be simulat ; and the Defender in Fortification of his Legal Execution , offered him to prove , that his Debitor remained in the natural Possession of the House , and made use of the Goods , as his own Goods , and so was in natural Possession thereof , whereby he might lawfully poynd from him . The Pursuer Repeated his Reply ; and further alleadged , that one of the Baillies of Glasgow alleadged that they were his Goods , at the time of the poinding , and offered his Oath . The Defender answered , that that Baillie was neither the Pursuers Servant , neither had Commission . The Lords found the Defense for the Poynder Relevant , and more pregnant then the condescenders alleadgence , and Repelled that Member of the Duply , anent the Baillies offering of his Oath . Cranstoun contra Wilkison . Iuly 10. 1666. IN a Pursuit betwixt Cranstoun and Wilkison ; The Defender being conveened as Heir to his Father , who was Vitious Intrometter with the Pursuers Debitors Goods and Geir . The Lords having of their own proper motion , taken this passive Title to Consideration , as to this Point , whether Vitious Intromission , as it is an universal passive Title , died with the Intromettor , or if it might be pursued against his Representatives , they ordained the Parties to be heard thereupon . which being Reported this day , The Lords found , that no person● as representing a Defunct , could be lyable universaliter , upon that Defuncts Vitious Intromission , but only for the true value of his Intromission , and that either by Action or Exception ; upon this Consideration , that albeit ●uch Titles have been oft times Libelled , and sometimes Sentence thereupon , when none opposed ; yet there had never been a Decision , nor Interlocutor for it ; and that the passive Title being poenal , sapiens naturam delicti , non transit in haeredes delinquentis in quantum penale ; for they thought it were of dangerous consequence , if Persons might be lyable , not only to their immediat Predecessor , but to their Goodsire , Grandsire , or Fore-grandsires , vitious Intromission ; but if the vitious Intromission had been Established against the Defunct , in his own time , it would be sufficient against all his Successors : Otherways after his death , they could not be put to purge the Vitiosity . or to shew the manner , or the Warrand of his Possession . But it was not determined , if Action had been intented against the Defunct , and he dyed before Sentence , whether his Heir would be lyable , there being different Cases as to that Point , which required different Considerations● as if the Defunct dyed after Probation , or if after Litiscontestation , when at least the particulars were condescended on , and the Defunct compearing , alleadged nothing to purge : or if the Pursuit were de recenti , and not long delayed , but the Defunct dyed , the Pursuer doing all Diligence ; or if Diligence were not used , but the matter lay over ; in which case , it seems litle respect could be had to the intenting the Action only ; and it would be as litle questionable , that if Probation were led , the Defunct compearing , it would be as valid against him , as if Sentence were obtained , the midle Cases are more dark : But none of them were comprehended in this Decision . Iames Thomson contra Binnie . Eodem die . THere being a Decreet obtained against Binnie , his Creditors finding him at Linlithgow , secured him , and he found two Burgesses Caution as Law will , who being conveened for payment of the Debt , alleadged absolvitor , because they were only in common Form Obliged as Cautioners as Law will , which doth not import judicio sisti , & judicatum solvi , but judicio sisti , aut judicatum solvi . Ita est , They sisted the Party for whom they were Cautioners , and put him in the Provosts hands , who put him in Ward , and Protested to be free conform to an Instrument produced . It was answered , non relevat , because they only sisted him judici , but not judicio ; they ought to have presented him in the Court , when that Cause was called ; and the Pursuer was not obliged to know , or take notice what they did otherways , which might be by way of Collusion . The Lords found the alleadgence Relevant , for there was no Collusion condescended on , providing the Defenders prove by the Witnesses , insert i● the Instrument , that it was so Acted : For they thought , that if the Cautioners put the Debitor in Ward , at any time during the Process , the Pursuer was not prejudged ; For if he insisted in his Process , and upon not presenting of the Defender Protested , the Cautioners would either then alleadge that he was in Prison , or otherwayes it would import Collusion . Mr. Iohn Hay contra Sir Iames Dowglas . Eodem die . MR. Iohn Hay of Haistoun , and Sir Iames Dowglas having both Rights of Appryzing of the Estate of Smithfield , did agree , that Sir Iames should have three parts , and Mr. Iohn one , and did obtain a Decreet at both their Instances for removing a Tennent , from some Aikers ; but Sir Iames Laboured and did Sow the whole ; Mr. Iohn did thereafter Sow as much Corn upon the Sown Land , as would have sown his quarter , and now pursues an Intrusion against Sir Iames , who alleadged absolvitor , because Mr. Iohn was never in natural possession , and offered to give the 4. part of the Rent the Aikers payed before . The Pursuer answered , that the removing of the natural Possessor was equivalent , as if Mr. Iohn had been in natural Possession of his Quarter ; and therefore the offering to him the Rent was not sufficient , yet he was willing to accept the Rent for this year , so as Sir Iames would devide for time coming . The Lords found that in this Process they could not compel Sir Iames to devide , but sustained the Process , ad hunc effectum , that Mr. Iohn should have the 4. part of the Cropt , paying Sir Iames the Expences of Labourage . Dam Margaret Hume contra Crawford of Kerse . Eodim die . DAM Margaret Hume having charged the Laird of Kerse , who was Cautioner for the Earl of Lowdoun , for her Liferent , that she had out of the Estate of Lowdoun . He Suspends , and alleadges that the Charger ought to assign him , seing the Bond wants a Clause of Relief , whereby he will have difficulty to have Relief of the other Cautioners bound . The Lords found that they could not compel the Charger to assign , but in so far as of her own consent she would . Canna contra Eodem die . THere was a Disposition of some Tenements in Dumbar , containing this provision , that the Buyer should pay such a sum of Money● to a Creditor of the Sellers , under the pain , and penalty , that the said Disposition should be null . Infeftment followed upon the Disposition , and the Land is now Transmitted to singular Successors , who pursuing for Mails and Duties . It was alleadged for the Creditor by the Reservation , that this Reservation being a real Provision , the Creditor must be preferred to the Mails and Duties , ay and while the Sum be payed . It was answered , first , That this provision was neither in the Charter , nor Seasine , and any Provision in the Disposition , could only be Personal , and could not affect the Ground , nor singular Successors ; seing no Inhibition , nor other Diligence was used on it before their Right . 2ly . Albeit it had been a Provision in the Investiture ; yet it could have no Effect against the Ground ; which can●not be affected but by an Infeftment , and upon a Provision , neither Action , nor Poynding of Annualrents , nor Mails and Duties could proceed . It was answered , that real Provisions must necessarly affect the Ground , and there can none be more real than this , not only being a condition of the Disposition ; but also containing a Clause Irritant . The Lords having first ordained the Infeftment to be produced , and finding that the Seasine proceeded upon the Precept in the Disposition , without Charter , being within burgh , the Lords found that the Provision could give no present access to the Mails and Duties , until the Clause Irritant were declared ; or that it were declared , that they should have like Execution , by vertue thereof , against the Lands , as if it were in the hands of the first Buyer , which the Lords thought would operat , but had not the occasion here to decide it . Iohn Scot contra Sir Robert Montgomery . Iuly 12. 1666. JOHN Scot pursues Sir Robert Montgomery , as vitious Intrometter with the Goods and Gear of Sir Iames Scot of Rossie , to pay a Debt due by Sir Iames to the Pursuer . The Defender alleadged absolvitor , because , any Goods he Intrometted with , were Disponed to him , for Onerous Causes , by the Defunct , and delivered conform to an Instrument of Possession produced . It was answered , that the Disposition bears , Horse , Neat , Insight , Plenishing , and all other Goods and Gear , which cannot be extended to any thing of another kind , nor of greater value , as current Money , Jewels , Silver-plate , Chains , &c. which never past by such general Clauses , unless it be specially Disponed . It was answered , that albeit there had been such Moveables , and the Defender had Intrometted therewith , though another having a better Right , might Evict the same ; yet the Defender had a probable Ground to Intromet , which is sufficient to purge this Odious passive Title . The Lords found the Disposition and Delivery Relevant , to purge the Vitiosity . Normand Livingstoun contra Lady Glenagies . Iuly 13. 1666. NOrmand Livingstoun having appryzed the Lands of Glenagies , pursues the Tennents for Mails and Duties , wherein the Lady compeared , aud alleadged , that she ought to be preferred , because she is Infeft in a Liferent in the Lands by her Contract of Marriage . It was Replyed , that the Lady and her Husband , for all Right that either of them had , had given a Right to their Cautioners to uplist the Mails and Duties of the Lands in question , for payment of Debts , and this Debt particularly , whereon this Appryzer proceeds ; with power also , to the Cautioners , to Dispone any part of the Lands for payment of the Debts ; which the Lady Ratified Judicially , and which now Excludes her from hindring any of these Creditors to get payment . It was answered for the Lady ; first , That this Right was but a Factory , or Commission , and so Expyred by the Lairds Death . 2ly , It was only in favours of the Cautioners , for their Relief ; but the Creditors had no Interest to alleadge thereupon . 3ly , The Cautioners were never Distrest ; and it was a mistake ; being to them as Creditors in the Sum ; not being so in effect . The Lords having considered the Commission , and that it buir not only the Lady to consent , but for all her Right , to grant Commission , and that , not only it was in favours of the Cautioners , in case of Distress ; but also in favours of the Creditors : bearing , to be for payment of the Creditors : Therefore they found the same Relevant against the Lady ; to exclude her Infeftment , ay and while the Debts were payed . But this occurred to the Lords , that if the Lady could condescend , that by the Creditors , or Cautioners fault , in not making use of this Commission , the Laird was suffered to continue in Possession , so that if they had used Diligence , the Debts would have been payed , in whole , or in part , and the Ladies Liferent disburdened , pro tanto ; they would find the same Relevant . Patrick Keith contra Laird Lesmore , Troup and others . Iuly 14. 1666. PATRICK Keith having Right of Wodset , granted by the Earl of Marischal , pursues a Reduction against the Laird of Lesmore , of a posterior Right , granted by the Earl to him ; Which Right was Disponed to Muiresk , who was Infeft , and Dispon'd to Troup , who is present Heretor ; who being all Called , and Litiscontestation made , and the Cause concluded ; at the Advising thereof , it was alleadged for Troup , that Muiresk was dead , and there could be no advising of the Cause , till some Representing him were Called ; for as in initio , there could be no Process against Troup , the present Heretor , till Muiresk his Author were Called : So neither can there be any procedor now , till some Representing him be Called . It was answered , the Pursuer declares that he Insists against Lesmores Right principaliter ; against which only the Reasons are Sustained ; and as for Muiresk , and Troups Rights , they will fall in , consequentiam● The Lords found that the Process behoved to be Transferred against Muiresks appearand Heir , before it could be advised : For as the declaring that the Pursuer Insisted principaliter against the first Right , would not have been Relevant ab initio ; seing the Law allows all mediat Authors to be Called , that they may defend the Right , whether and Reasons be Libelled against their Rights , or their Authors ; which comes in the place of the old Custom , of sisting Process until the Defenders Warrand were Called , and Discust : So every Author has alike Interest , to Object against the Reasons . although Libelled principaliter , against the first Authors Right . But the Lords declared , that , seing the Defender made this unnecessar delay , they would be more favourable in drawing back the Reduction , ad litem motam , aut contestatam . Sharp contra Glen . Eodem die . IN a Competition betwixt two Compryzers ; It was alleadged , that the Pursuer , who Insisted for the Mails and Duties , his Appryzing was extinct , by Intromission within the Legal ; Which was offered to be proven by his Pursuers Author , his Oath . It was answered , that his Authors Oath could not be Received against a Singular Successor , standing now Infeft ; for as the Cedents Oath is not Receivable against the Assigney in personal Rights ; much less is the Authors Oath against the singular Successor in real Rights . It was answered , that before this Pursuers Right , res fuit litigiosa , in so far , as the Pursuers Author having before pursued Mails and Duties , in that Process , the Defender offered to prove by his Oath , that the Appryzing was satisfyed , whereupon litiscontestation was made , whereby res fuit litigiosa , and no posterior Right could prejudge the Defender . Which the Lords found Relevant , and ordained the Authors Oath to be taken . Fountain and Brown contra Maxuell of Nethergate . Eodem die . BRown , as Heir to Mr. Richard Brown , who was Heir to Thomas Brown pursued for exhibition . and delivery of a Wodset Right , granted in favours of Thomas ; Wherein the Lords having sustained Witnesses to be admitted to prove , not only the having of the Writs , since the intenting of the Cause , but the having them before , and the fraudful putting them away , which ordinarly is only probable by Writ , or Oath ; unless evidences of Fraud be condescended on , in respect the matter was ancient , and the Pursuer had long lived in England , now at the advising of the Cause ; severall of the Witnesses were found to Depone , that the Defender , before the intenting of the Cause , not only had such a Wodset Right ; but was dealing to get the same conveyed in his own Person , which importing Fraud . The Lords would not absolutely decern him to exhibite , but found that he behoved , docere quomodo desijt possedere , or otherwayes produce , and therefore ordained him to compear , that he might be interrogat , and condescend upon the particular Writs . Thomas Ogilvy contra Lord Gray . Iuly 17. 1666. THomas Ogilvie pursues the Lord Gray , as behaving himself as Heir to his Father , by Intromission with the Mails and Duties , of the Lands wherein his Father dyed Infeft : as of Fee ; for payment of a Debt of his Fathers ; who alleadged absolvitor , because any Intromission he had , was by a Warrand , and tollerance of Sir George Kinnaird , who stood Infeft in the Lands , upon a Gift of Recognition . It was answered , non relevat , unless the Gift had been Declared , before the Defenders Intromission ; because the Gift would not have given Right to the Donatar himself , to possess . The Defender answered , that the Gift was Declared before the Intention of the Pursuers cause , which Declarator , albeit after Intromission , yet must be drawn back to the Gift , to purge the vitiosity of the Defenders Intromission , in the same way , that the Confirmation of a Testament will purge anterior vitious intromission , the Confirmation being before the intenting of the Cause . The Lords found the Defense relevant , to elid the passive Title , seing any colourable . Title is sufficient , to excuse the vitiosity : but did not find , that the Declarator , before intenting the Cause , had the same Effect , as a Confirmation ; because by constant Customs , such confirmations , purge the preceeding vitiosity ; which has never yet been found in this Case of an Heirs intromission with the Rents of Lands : but the Lords found the Defender lyable for the single value of his Intromission . Alexander Burnet contra Iohnstouns . Eodem die . JOhn Iohnstoun , having disponed the Lands of Fraster-hill , to Gordoun of Lesmore , whose Right Alexander Burnet having appryzed , and by the appryzing , having Right to the Clause of Warrandice contained in the Disposition ; charges Iohnstoun the Disponer , to warrand the Right against a posterior Right , granted by him , to William Iohnstoun , who had obtained first Infeftment . It was answered , that the Warrandice could have no effect , because there neither was , nor could be a distress , in so far , as in William Iohnstouns Disposition , Iohn Iohnstouns , and his Wifes Liferent were reserved , during whose life he could never distresse Burnet . 2ly . It was Burnets authors fault , that for many years , he did not take Infeftment , having long Right before the second Disposition . It was answered , that Iohnstoun himself could never object this delay , to excuse his fraudulent Deed , of granting double Dispositions , whereby Parties become infamous by the Act of Parliament , 1540. cap. 105. and unto the other point , albeit there was no present distress , yet there was unquestionable ground of a future distress , against which the Defender could answer nothing , that could elid it , and who being but a naked Liferenter , if no execution should pass upon the Clause of Warrandice during his Lifetime , he would be fully frustrat . The Lords decerned Johnstoun the Disponer , to purge the posterior Disposition , granted by him , and found neither of the alleadgeances , in the contrair relevant . Brown and Duff contra Bizet . July 18. 1666. BRown , and Duff , having obtained Decreet against Bizet , for a Sum due to Umquhil Andrew Duff Merchant in Polland , Bizet raises Suspension , and Reduction , upon this Reason , that this Sum having been in bonis defuncti , the Charger could have no Right thereto , till it were established in their Persons , by a Confirmation in Scotland , by the Commissaries of Edinburgh , ut in communi patria . It was answered , moveables sequuntur personam , and therefore , wheresoever the moveables be , they are regulat according to the Law of the place where the Defunct resides , and it is instructed by the Testimony of the Consul , and Counsel civitatis Regiae pusensis , that by the Common Law , and Law of that place , moveables belonged to the Wife , and Bairns , and the Pursuers were so cognosced by them , declaring the said Clares Brown Wife , and the said Duff , the only Daughter of Andrew Duff , and therefore they have sufficient Right without Confirmation in Scotland , which appears by the Act of Parliament , James 1. cap. 89. Par. 1426. And it hath been still the Custome so to do , and that it was so decyded , the 16. of Feb. 1627. Lauson contra Bastil Kello . It was answered , that it was otherwayes decided , in the Case of Rob contra French , 25. Feb. 1637. And there was no reason , that these that lived out of the Country animo remanendi , should be in better condition , then these that resided in the same , and behoved to Confirm , and to pay the Quot . The Lords found , that the Testament behoved to be Confirmed , by the Commissars of Edinburgh ; for having considered the old Act of Parliament , they found , that the poynt there ordered was , to what Judicatures the Merchants going abroad to Trade , should be lyable , and that such as went abroad , not animo remanendi , should be subject to the jurisdiction of that place , where their Testament would be confirmed . ( viz. where they had their Domicills ) but these that went out of the Country , to remain , are excepted ; but nothing exprest where their Testament should be Confirmed ; and for the Decision , the Point in question , was not whether a Confirmation in England was valid , but whether a Confirmation without an Inventar , was valid , and therefore , seing nothing was objected against the Confirmation it self . The Lords did justly find , that the wanting of an Inventar , in an English Confirmation , where that was the custome , did not prejudge it , neither is the Case determined by the Decision betwixt Rob and French , in respect , that the Executor having Confirmed in England , and rather being Confirmed by the Legatars , would not own the Confirmation , but renunced the same ; and therefore the Lords found no Consuetude , or Decision in the Case , but determined the same , ex bono & aequo . Hellen Millar contra Watson Iuly 21. 1666. WAtson having obtained a Decreet before the Lords , against Hellen Millar , for the Rent of some Tenements in Glasgow . she Suspends , and raises Reduction , on these Reasons . First , That the Decreet was null , as being ultra petita , in so far as the half of the Duties was only lybelled , and the whole was decerned . 2dly , That Watson's Right was , as Heir to Watson , who was first Wife to Brown , who stante matrimonio acquired this Right to him , and her , and the one half to her Heirs , and the other to his , which was a Donation betwixt Man and Wife , revocable , and revocked by the Infeftment granted to Hellen Millar , in Liferent , his second Wife . It was answered , that the Decreet being in foro contradictorio , was irreduceable . 2dly , That the Right was not granted by the Husband to the Wife ; but acquired from a third Partie . The Lords reduced the Decreet , finding that it was visibly Extracted by error of the Clerks , being ultra petita , and therefore sustained the second Reason , albeit it was omitted , that it was a Donation betwixt Man and Wife , being acquired to the Man and Wife ; and so presumed to be by his means which is equivalent , as if he had been Author , unless that Watson could condescend , that it was by the Wifes means . Gavin Hamiltoun contra Duke Hamiltoun and Bishop of Edinburgh , Eodem die . GAvin Hamiltoun , as Assigney by the Collector of vaccand Stipends , charges the Parochiners of Craufoord , Compearance is made for the Bishop of Edinburgh , alleadging , that this was a Patrimonial Kirk of the Bishoprick of Edinburgh , and so was not comprehended in the late Act of Parliament , anent vaccand Stipends . The Lords repelled the Defense , and preferred the Collector of the Vaccand Stipends ; for they found the Act was general , without any such exception . Mr. John Thomson contra Mckitrick , Eodem die . MR. John Thomson pursues M●kitrick , for reduceing of an Infeftment of some Tenements in Dumfries , upon an appryzing , on these Reasons ; First , That the appryzing was null , proceeding upon a Bond without Requisition , or Charge ; without which , the Heretable Bond could not become moveable . 2dly , Infeftment , being within Burgh , was not given by the Baillies , and Town Clerk. 3dly , That it was neither Registrate in the Town Books , nor in the Register of Seasings of the Shire . It was answered , to the First , that the Bond bare no Clause of Requisition , but bore on the contrare to be payable , without Requisition , and so , as Moveables the Defender might have poynded therefore , without Charge , so might Lands be Appryzed ; to the Second , there being no Magistrats , nor Town Clerk in Office at the time of this Seasine , and the Defender being an Appryzer , necessitat to do Diligence , took Seasine by the Sheriff Clerk , which was necessar , and sufficient : To the Third , the Act of Parliament requires no Registration of Seasines within Burgh , and albeit , they be ordinarly to be found in the Town Books , yet if that should be neglected , they would not be null . The Lords repelled the first Reason , and found no necessity of a Charge : and they had formerly repelled the second Reason , in respect of the Answer made thereto , and did also repell the third Reason . Earl of Southesk contra Marquess of Huntlie . Iuly 23. 1666. THE Earl of Southesk , and the late Marquess of Argyl , being Cautioners for the late Marquess of Huntly , for the Tochers of the Daughters of Huntly , they got an Infeftment of the Lands of Badzenoch , for their relief , bearing , that according as they should be distrest , they should have access to the Rents of the Lands , in so far as might pay the Annualrent of the Sum , which they should be distrest for . whereupon they were Infeft in Anno 1643. And thereafter Southesk was distrest , in Anno 1653. Whereupon , in Anno 1655. He pursued an Action of Maills and Duties , upon the said Infeftment of relieff against the said Lord Argyl , who was in Possession ; and my Lord Argyl having long before granted an Bond of relieff to Southesk , he used Horning , and Caption thereupon , in Anno 1655. and in Anno 1658. he used Inhibition upon the said Bond against Argyl , who in Anno 1658 Entered in a new Contract with Southesk , whereby , in Corroberation of the first Infeftment , he granted him a Wodset of the Lands of Enzie , with a Back-tack , by vertue whereof , Southesk uplifted several years of the Back-tack Dutie . Southesk now pursues the Marquess of Huntly , and his Tenents , for declaring of his Right , and payment of the Maills and Duties . it was alleadged for the Defenders . First , absolvitor , because the Marquess of Argyl hath been Retoured , to have possest the Lands of Badzenoch , peaceably , by the space of 5 years before his Forefaulture , which was in Anno 1661. Conform to the Act of Parliament 1584. By vertue thereof , this Marquess of Huntly , as the King's Donatar , to the Forefaulture , in so far as concerns the Estate of Huntly , has undoubted Right , and needs not dispute what Right Southesk had , before the five years . It was answered , for the Pursuer . First , That the Act of Parliament , 1584 , ought not now to take effect , because , by the late Act of Parliament 1617. Seasine and Reversions are appointed to be Registrat , otherwise they are null , and therefore the ground of the Act of Parliament 1584. viz. The abstracting of Evidents Ceasing , the said Act it self must also cease . 2dly . The said Act can only take place , where it is not constant , what Right the Forefault Person had , but that he was repute to be the ancient Heretor of the Lands , but where the Forefault Persons Right is known , to have been Beations Compryzing , or this Conjunct Right , granted to him● and the Pursuer , for their Cautionrie , presumptio cedit veritati , and the Right must only be holden to be such a Right as truly it was . 3dly . The five years Possession being in effect a Prescription , in favours of the King , and his Donatar , whatsoever would interrupt any other Prescription ; must interrupt this ; as if within the five years , the Pursuer had intented a Reduction of the Forefault Persons Right ; or an Action for Maills and Duties , or had required for his Sums , and charged thereupon , all these would be sufficient interruptions , against this quinquennial Possession , and would take away the presumption of Collusion , or abstracting . 4thly , The five years possession , by the Act of Parliament bears , expresly , to be peaceable , so that if it was turbata possessio , it would not be enough , and being once a troubled possession , by any legall interruption , after the said interruption , that subsequent possession ceases not to be a troubled possession ; though there be no furder interruption , within the 5 years , because interruption once used , endures for 40. years . Ita est , Argyls possession was troubled , by pursuits , to compt for the Maills and Duties of these Lands , upon this Right , and that within a year , or two , before the five , and likewise within the 5. year , the Marquess of Argyl did corroborat this Right , and in corroboration thereof granted Wodset of the Lands of Enzie , for the Sums accummulat , by vertue whereof , the Pursuer , within the 5. years , was in Possession● by uplifting the Back-tack Dutie ; which being a Cumulative Right , possession thereon is valid , for both . The Defender answered , that his Defense upon the Act of Parliament stood valid , notwithstanding of all the Replyes , because the Act is clear , and unrepealled , that 5. years peaceable possession of the Forefault Person , gives the King unquestionable Right , it being retoured by an Inquest , as now this is . And as to the troubling of the possession , no Deed , done before the 5 years , can have any effect , because , as the 5 years cut off the most Solemn anterior Rights , much more a Citation , or other Interruption , and as to the Interruptions , within the 5. years , they are only two , one is an Inhibition against Argyl , which proceeds not upon this Infeftment , but upon a Personal obligement , by Argyl , to relieve the Pursuer ; neither does it at all relate to the possession , nor any other Action ; but only as an Inhibition , prohibits Alienation . And as for the Contract of Wodset with Argyl , it is post commissum crimen , and so cannot prejudge the Donatar . It was answered , that albeit the Forefault Persons Deeds being voluntar , post commissum crimen , cannot be effectual ; yet where it is upon a cause anterior to the Crime . viz. Argyls Intromission , by the Infeftment of Relieff● and the distress occurring against the Pursuer after the Crime , and he having pursued Argyl for compt and reckoning , in anno 1655. does not constitute any new voluntar● Right , nor can it be any way collusive , being for an anterior cause ; and after a pursuit : and therefore it must work this much , to show , that the 5 years was interrupted , and in the Course thereof , both the Pursuer , and Forefaulted Person acknowledged this Right in question . The Lords found the Reply relevant , upon the Deeds of Interruption , alleadged by the Pursuer , joyntly , to elid the Act of Parliament . Mr. Iohn Harper contra his Vassall . Iuly 25. 1666. MR. Iohn Harper , pursues a Declarator of Non-entry , against his Vassall , who alleadged that he was only lyable for theretour Maills , till the Decreet of general Declarator was obtained : It was answered , the common custome was , that from the Citation in the general Declarator , Mails and Duties were due in the special , because the general Declarator , declares the Non-entry since the date of the Summons , and so the Mails and Duties are not due from the date of obtaining the Decreet , but from the years decerned therein , which is from the date of the Summons . The Lords found the Mails and Duties due since the time of the Citation , and not only since the time of the Sentence . Earl of Southesk contra Marquess of Huntly . Iuly last , 1666. EArl of Southesks cause mentioned 23 Iuly last , was this day advised , as to another Defense . viz. That my Lord Argyl had right to Beatouns Appryzing of the Estate of Huntly , which was long anterior to the Pursuers Infeftment , and whereunto Huntly hath right , as Donatar to Argyl's Forefaulture . This Coutract of the Cumulative Wodset , being granted , in Anno 1656. It was answered , that Beatoun , before he was Infeft upon that Appryzing , had renunced all benefit of the Appryzing , and discharged the same , in so far as it might be prejudicial to the Pursuers Right ; which is presently instructed . It was answered , that Renunciation was but personal , and was never Registrat ; and so could not be effectuall against any singular Successor ; much less against the Kings Donatar , having a real Right . It was answered , that Appryzings are not of the nature of other real Rights , but they may be taken away , by Intromission , Payment , or Discharge of the Appryzer , and there needs no Resignation , nor Infeftment . It was answered , that albeit , by the Act of Parliament 1621. Appryzings may be taken away by Intromission , and that it hath been extended to payment , yet never to such personal Back-Bonds . The Lords found the Appryzing to be taken away , by Beatons Back Bond , renuncing the same , in so far as concerns this Pursuer ; and found the same relevant against the Donatar . Thomas Crawfoord contra Town of Edinburgh . Eodem die . THomas Crawfoord , having Gift of ultimus haeres of a person , to whom the Town of Edinburgh was Debitor , pursues for payment thereof . The Defender alleadged no Process , till the Gift were declared . The Pursuer answered , no necessity of a Declarator in this case , more then in a Gift of Recognition , and Waird , and that there was no person that could be particularly cited . The Lords found the Defense relevant , that this Gift , behoved to ●e declared albeit it were but upon a Citation generally against all and sundry at the Mercat Cross. Sir Lodovick Gordon contra Sir Iohn Keith . Eodem die . SIr Lodovick Gordon , being Assigned to a Sum due to Sir Robert Farquhar by Sir Iohn Keith , pursues Sir John , for payment , who alleadged absolvitor , because he had Right to the Sum himself , as Donatar to Sir Roberts Escheat , and that the Sum was Moveable , albeit it bare Annualrent , in so far as the Term of payment was not come . It was answered , that Sums were Heretable , as to the Fisk , by the Clause of Annualrent , and the only exception was , that if the Term of payment of the Annualrent was not come , the Same was Moveable ; and nothing in relation to the Term of payment ; if the Annualrent was come due , before the Rebellion . The Lords found , that the coming of the Term of payment of the Annualrents made the Sum to become heretable , as to the Fisk , and therefore repelled the Donatars defense . Merchants in Dundee contra Spruce Englishman . November 3. 1666. SOme Merchants of Dundee having sold a considerable quantity of Winesto one Spruce , an Englishman , they pursue him for the price , and because , he disappeared , and no body came to receive the Wines , they supplicat the Lords , that they would give warrand to them , to sell the Wines , least they should perish , and to be lyable only for the best price they could get for them : they did also represent , that Spruce had a Factor in Edinburgh , who being cited by a Macer , did not appear . The Lords refused the Supplication , and found , that the day of the appearance of the Summons , not being come , and the Englishman , neither being present , nor oblidged to be present , they could do nothing against him , more then if he had not be in cited , and so could not sequestrat , nor appoint the Wines to be sold : but they lowed the Partie to protest , that they had done all diligence● that the Wines might not perish , whereof the Lords would take consideration in any Process that should occure . Thomas Canham contra Iames Adamson . November 7. 1666. JAmes Adamson , having disponed a Tenement to Ioseph Iohnstoun , who married his Daughter , in Conjunct-fee , and the Heirs betwixt them , which failzing , to devide between their other Heirs , in the Disposition there was expresly this Clause , providing that the said Joseph , and his foresaids make payment to the said James Adamson , or any he shall name , the Sum of six hundred pounds , wherein , if he failzie , the said Right , and Disposition shall expire , ipso facto . In the Infeftment the former Clause was repeated , but not the Clause Irritant . This Canham appryses the Land from Joseph Johnstoun upon Joseph's debt , and being Infeft , did pursue James Adamson for removing , who objecting the proviso , was notwithstanding decerned to remove . Now he pursues for the Maills and Duties , during his occupation . James Adamson alleadges that he ought to have the 600 lib. because he had disponed with that provision . It was answered , this was but personal , to pay , and could never oblidge a singular Successor ; and all the Pursuer could do , was to proceed upon the Clause irritant by way of Declarator . The Lords , in the end of the last Session , having only seen the Disposition containing the said Clause , but not the Infeftment , repelled the Defense , but reserved the Declarator : but now having seen , that the proviso of payment was in the Infeftment ; the cause being so favourable , a person disponing to his own Daughter , and good Son , and the Disponer yet in possession , they did without multiplying furder Process , sustaine it by exception . George Shein contra James Chrystie . November 15. 1666. GEorge Shein , having pursued umquhil David Chrystie , as charged to enter Heir to James Chrystie his Father , for payment of a Debt of his Fathers , David renunces to be Heir , whereupon George obtained Decreet , cognitionis causa ; and David being now dead , he pursues James Chrystie , as now appearand Heir to his Debitor , for Adjudication of an Annualrent , as belonging to the Defunct Debitor , out of the Lands of Bassilie . It was alleadged for the Defender , absolvitor , because that Annualrent was but base , never cled with possession , and the Defender stands validly Infeft , singulari titulo . The Pursuer answered , that the Defense is not competent hoc loco , when the Pursuer is but suo periculo , craving Adjudication of his Debitors Right , and cannot be forced to dispute the same , till after Adjudication , he use diligence for getting of the same ; but this Defense will be Competent , whensoever upon his Adjudication , he shall pursue . The Defender alleadged a Pratique betwixt S●haw of Sornbeg and the Lord Forrester , wherein Forresters publick Infeftment was excepted in the Adjudication . Yet the Lords shewed no Inclination to follow that Pratique , and therefore Repelled the Defense , and Adjudged . Mr. Iohn Abercromie contra Anderson . Eodem die . MR. Iohn Abercromie as Assigney having pursued Anderson , as Debitor for the Debt Assigned : he alleadged no Process , because the Assignation was posterior to the date of the Summons and Executions ; so that the Assignation , being his sole Title , the Process could not be sustained . It was answered , that the Defender had no prejudice , and that the Cedent concurred . It was answered that the Summons was not in the Cedents name , and so his Concourse could operat nothing , so that the Decreet thereupon would be null : For in the like case , the Lords , last Week , in the Cause betwixt David Hamiltoun and Iohn Kennedy and Symintoun , Reduced an Appryzing led tvventy years since , because the Appryzing proceeded upon a Charge to Enter Heir ; and some of the Debts vvere Assigned to the Appryzer , after the date of the Charge , As to which the Lords found the Appryzing null . The Lords sustained the Defense , and found no Process , and had respect to the said Decision of Reduction of the Appryzing , which they found to be , as is r●a●ed , though it was alleadged that after so long time , an Appryzer was not oblieged to produce the Letters of Appryzing , or Charge to Enter Heir , or Executions ; yet seing de facto these were produced , and deduced in the Appryzing , and mentioning the dates as aforesaid , the same was Reduced pro tanto ; but there was no debate reported , whether it should stand pro reliquo ; or how far it should extend , seing the Appryzer , as to the rest , offered to prove it satisfied by Intromission . Alexander Downy contra Robert Young. Nov. 17. 1666. UMquhil Alexander Downy granted an Assignation to his Oye Alexander Downy , of tvvo Bonds , vvho finding , that after his Goodsires Decease , Mr. Iohn Hay vvas Confirmed Executor to his Goodsire , and had given up these bonds in his Inventar , but had not recovered payment : He Confirms himself Executor , ad non Executa , to his Goodsire , and pursues the Debitors for payment of the Bonds . Compearance is made for Robert Young , who alleadges that he is Executor Da●ive to Mr. John Hay , vvho Execute Downies Testament , by obtaining Sentence for payment of their Bonds ; so that the Bonds vvere no more in bonis of Alexander Downie , but of Mr. John Hay : and that the Testament being Execute by Decreet there could be no Executor , ad non executa to Downie , the first Defunct . It was answered that the Testament was not Execute by a Decreet , unless the Executor had obtained payment ; especially where the Executor was a meer stranger , and was neither nearest of Kin , Creditor , nor Legatar . The Lords found the Testament of Downie Execute by Hay , by the Sentence obtained in Hayes Name ; and therefore found that Alexander Downie , the Oye , his Confirmation as Executor , ad non executa null . It was further alleadged that Downie being not only Executor , but Assigney by his Goodsire ; the Assignation , though it had been but a Legacy , would have been sufficient against Mr. Iohn Hay , who is the Cedents Executor : and therefore is also sufficient against Young , who is the Executors Executor , and so represents the first Defunct , Downie the Cedent . It was answered , that Young was not only legitimo modo the Executor , but he is also Creditor of the first Defunct , Downie , in so far as he is Donatar of the Escheat of Iohn Hilstoun , and thereupon has obtained Declarator , and so is in the place of Iohn Hilstoun , to whom umquhil Alexander Downie was Debitor , by his Ticket produced , whereby Downie acknowledges that he had in his hands , Goods worth 6000 pounds , belonging to him , and Hilstoun , in Copartinary ; and obliged him to be comptable therefore ; which is anterior to the Assignation , granted to Downies own Oye for Love and Favour ; whereupon he hath Reduction depending against the Assignation , as in fraudem Creditorum . It was answered that the Ticket , in relation to the Copartinary , was not liquid , bearing only an Obligment to be comptable , with express Exception of desperat Debts , and others . The Lords found , that in respect the Debt was not liquid , Downie the Assigney ought to be preferr'd , and get payment , but Ordained him to find Caution , that in case Young prevailed , he should refound . William Blackwood contra Adam Purves . Nov. 20. 1666. ADam Purves pursues Reduction and Improbation of two Bonds , alleadged granted by him to Ianet Baxter , and of an Appryzing led thereon , against certain Tenements in Edinburgh , belonging to him , and craved Certification contra non producta . William Blackwood , to whom by progress , the Right is now come , produces the Appryzing , and the Extract of one of the Bonds , whereupon it proceeded , and alleadges no Certification against the Letters , and Executions of the Appryzing after so long time ; the Appryzing being led in Anno 1621. and no Process of Reduction Rais'd , till after the year 1650. Which the Lords found Relevant . Likeas , he further alleadged , no Certification for not production of any of the principal Bonds , because they were Registrat in the Registers of Session , and the Principals were lost . The Pursuer answered , that there were pregnant Points of Falshood , viz. Purves having gone and left the Kingdom in Anno 1618. And having been a Souldier Abroad , till the year 1630. and these Bonds and the Appryzing thereon , both in one Month , and the Bonds granted to a Woman who had no such Estate , but the Servant of a Waiter , of an evil Fame : and one Blair a Witness who was hang'd for Falshood . The Lords refused Certification for not production of the principal Bonds , but prejudice to the Pursuer to insist in his Improbation , by these or other Evidences , by the direct manner , but they admitted Certification against that Bond , the Extract whereof was not produced : yet conditionally to a time , that the Defender might upon the Adminicle of the Appryzing , Insist to prove the Tenor. The Parochioners of Port Supplicant . Decem : 4 : 1666 : THe Parochioners of Port having built a Manse upon the Gleib to their Minister , where there was no Manse before , and having valued the same according to the late Act of Parliament , and stented the same upon the Parochioners and others ; They did Supplicat the Lords for Letters of Horning , conform to the stent Roll , in respect that the said late Act of Parliament , being the twentieth Act of the third Session of the last Parliament , bears no warrand for Horning . The Lords ordained Letters of Horning to be past . Sir Alexander Vrquhart contra Sherem . Eodem die . IN anno 1636 : Sir Thomas Vrquhart of Cromerty gave a Security of a House and some Lands , and a Salmond-fishing near Bamff , for 4000 : merks : and in anno 1637 : There was 700 : merks eiked and a Back-bond relating to the first Wodset Renounced , and a full Possession granted on both : There is a Clause of Redemption and Requisition upon payment of the principal Sums , and Annualrents resting for the time . Sir Alexander Vrquhart pursues Sherem , as now having Right to the Wodset , for Compt and Reckoning : Who alleadged Absolvitor , because this being a proper Wodset , wherein he had the full Possession , hazard of the Profits was not comptable , especially , seing the chief part of the Wodset was a Fishing , which was most uncertain ; and though de facto he happened to get much more then his Annualrent yet it is no Usurary Wodset , seing he might have losed all . The Pursuer Replyed , that by the saids Clauses of Redemption , and Requisition , he was not only obliged for the principal Sums , but for the bygone Annualrents , resting unpayed ; so that the Wodsetter had no hazard : and therefore it is no proper Wodset , and he is comptable . The Defender answered , that the Clause was only adjected ex stylo , for it did not bear , that what Annualrent should be resting over and above Intromission , should be Consigned , but the whole resting Annualrents ; or at least it had been adjected , in respect of the Back-bond , restricting the first Wodset : or in case the Wodsetter had been excluded from Possession . The Lords found the Defender comptable in respect of the saids Clauses , but there occurred to themselves this question , whether the Superplus more then the Annualrent should compense ? and abate the principal Sum at the time of the Intromission , or only now , whereanent the Lords were of different opinions , many thought that when the meaning of the Parties was not full , and express , that should be followed , which is most ordinar amongst provident Pers●ns , hardly could it be thought that any would take a Wodset upon these Terms to draw out the principal Sum , with excress yearly , but the Lords reserved that Point to be considered , while it appeared whether there was any excress above the Annualrent . Monteith contra Laird of Gloret . Dec : 7 : 1666 : IN a Competition between Monteith and the Laird of Gloret . It was alleadged for Monteith , that he ought to be preferred to the Sums in question , because Glorets Assignation was obtained by Hamiltoun of Kinglass , and was lying by him blank in the Assigneys name , and by him filled up with Glorets Name , and delivered to him , so that Kinglass being his true Author , any Discharge granted by him while the Bonds were blank , and in his power , was relevant against Gloret his Assigney , Ita est Kinglass , while or before the Bonds were in his power , did equivalent to a Discharge , viz. oblieged himself to pay this Sum , and relieve the principal Debitor thereof ; and instead of the Discharge he took this blank Assignation , filled up by him in Glorets Name . 2ly , The Charge though in Glorets Name , is to Kinglass's behove : and if he were Charging his Obliegment to pay the Debt , would exclude him : And therefore must exclude the Charger . It was answered that Gloret was in bona fide , to take this Assignation , knowing nothing of the Back-bond ; and that an Obliegment to satisfie the Debt , was not equivalent to a Discharge : Neither is the having of the Assignation , though blank , equivalent to an Assignation , unless the Name of Kinglassie had been filled up and Intimat . The Lords having taken Glorets Oath before Answer , wherein he acknowledged , that he got this Assignation from Kinglassy , and payed no money for it , and that it was on these Terms ▪ Kinglassie being owing him a greater Sum , he was to allow what he got by this Assignation , in part thereof , but Deponed he knew not if it was blank when Kinglasse had it or not . The Lords found that the Assignation being accepted by Gloret in Terms aforesaid , that it was but a Corroborative Security , and so found the Assignation to Kinglassies behove , and found the Back-bond Relevant to exclude him , and therefore preferred Monteith . Sir George Mckenzie contra Fairholm . Eodem die . SIr George Mckenzie Advocat pursues a Reduction of a Bond granted by him as Cautioner for his Father , ( the Bond is now Assigned to Iohn Fairholm ) on these Reasons . First , That the Bond is null , as being done by a Minor , being in his Fathers Family , and not being Authorized by his Father , as lawful Administrator : And therefore in the same condition as a Minor having Curators , they not Confirming such Deeds are null , and may be Reduced at any time , though they have not been quarrelled within the Minors Age of twenty five . 2ly , Because Curators being chosen as a Security to the Levity of Minors , they cannot Authorise the Minor to the Curators behove , but such Deeds are null : So neither could the Pursuers Father Authorize him to be Cautioner for himself . The Defender answered ; First , That albeit a Father , as lawful Administrator , and Tutor to his Children , excludes all other Tutors , yet he is not Curator after their Pupillarity , because they may choose other Curators , and that filij familias , in the Civil Law could not Contract without their Fathers consent . It was a special Statute , per Senatus consultum Macedonianum , and not as Curator . 2ly , The Father cannot be lyable for his Omissions by his unprofitable Authorizing his Children , for such Actions would be contra pietatem & obsequium . 3ly , There is nothing more frequent in Scotland , then Sons to have a distinct Estate , while in their Fathers Families , given by the Father , or otherwise , whereof they have the full Administration without Authority . 4ly , Whatever may be alleadged for Children residing in the Family of their Father , yet that cannot be extended to Children , Acting by themselves , far from their Fathers Family : but the Pursuer was so living , and Acting at Edinburgh , attending the Tolbooth , and was majori ae●ati proximus , being past 20. The Pursuer answered , that his Reason stood still Relevant , because by the Law of Scotland , a Father is lawful Administrator to his Children , and is not ordinarly designed lawful Tutor , but lawful Administrator , which does not only endure during their Pupillarity , but during their Minority ; but at least , till they be Married , or Forisfamiliat ; or till they have a distinct Subsistence or Calling . And albeit the Children be not Residing in the Family , yet they are in familia , so long as they are there , and not separat from the same , as the Pursuer was : and albeit the Son may choose other Curators , if the Father permit , or the Judge think fit , and is not conveenable for his Mis-authorizing , or Omission , that infers only that he is only Curator honorarius . The Defender did furder alleadged , that the Father had furder Authorized , in so far as he Subscribed the said Bond , and so consented that his Son should Subscribe , and neither was the Deed in rem su●m , but in rem credito●is . The Lords found the Reasons of Reduction Relevant , and Repelled the Defenses : and albeit many thought that the Father Subscribing with the Son , was sufficient to Authorize ; yet that it was not sufficient , being Caution for himself , in rem suam but did not proceed to cause the Parties condescend how near Sir George was to Majority , and what was his way of living . Earl Cassils contra Tennents of Dalmortoun and John Whitefoord of Blarquhan . Decem : 11 : 1666 : AN Action of Double Poynding , at the Instance of the Tennents of Balmortoun , against the Earl of Cassils on the one part : and Iohn Whitefoord of Blarquhan on the other , both claiming Right to their Multures . It was alleadged for the Earl of Cassils , that the Lands in question being holden Ward of him , is now in his hands , by reason of the Ward of Knockdaw his Vassal , he had now Right to their Multures , and they ought to come to the Miln of his Barony , whereof these Lands were Pertinent , and shew his Infeftment , containing the Lands of Dalmortoun per expressum . It was alleadged for Iohn Whitefoord , that he ought to be preferred , because that Kennedy of Blarquhan , the Earls Vassal , both of the Lands of Dalmortoun and Blarquhan , had Disponed to him the Lands of Blarquhan and Miln of Sklintoch , with astricted Multures , used and wont : at which time Blarquhan caused his Tennents of Dalmortoun , to come to the said Miln of Sklintoch , whereby the Thirlage was not only Constitute of the Lands of Blarquhan , but of Dalmortoun . It was answered for the Earl : First , That the Thirlage of Dalmortoun could not be Constitute by the said Clause ; because the Lands of Dalmortoun being no part of that Barony , whereof the Miln of Sklintoch is the Miln : But a distinct Tenement holden of a distinct Superiour : Such a general Clause could never have Constitute a Thirlage , unless the Lands had been exprest . 2ly , Albeit the Servitude had been Constitute never so clearly by the Vassal : Yet if it was without the Superiours consent , it could not prejudge him by Ward , or Non-entry . It was answered for Iohn Whitefoord to the First , That the Clause was sufficient to Constitute the Thirlage : and if it wrought not that Effect , it was of no Effect , because the hail Lands of the Barony were Disponed with the Miln , and neither needed , nor could be Thirled : And therefore the Clause of Thirlage behoved to be meaned of some other Lands . 2ly , Vassals may lawfully Constitute Servitudes without consent of the Superiour which are not Evacuat by Ward , or Non-entry . 3ly , It is offered to be proven , that the Earl consented to the Right of the ●●lture , in so far as the Lands of Dalmortoun being Appryzed from Blarquhan by Iohn Gilmour , he assigned the Appryzing to Iohn Whitefoord , who Assigned or Disponed the same to Kilkerren : in which Asignation , there was an express Reservation of the Multurs of Dalmortoun to the Miln of Sklintoch : upon which Infeftment the Earl received Kilkerren in these Lands , who is Author to the present Vassal . The Lords found the Clause aforesaid in Iohn Whitefords Charter not to infer a Servitude of the Lands of Dalmortoun , not being therein exprest ; and holden of another Superiour : Nor no Decreets nor Enrolments of Court , alleadged to astruct the Servitude . And found also the second Reason Relevant , viz. That the Earl as Superiour , not having consented , was not prejudged by any Deed of the Vassals . But as to the third Point , the Lords found that the Reservation in Kilkerrens Right , unless it were per expressum , contained in the Charter Subscribed by the Earl of Cassils , could not infer his consent ; albeit the Charter related to a Disposition , containing that Clause , but if it were alleadged to be exprest in the Charter : they Ordained before answer , the Charter to be produced , that they might consider the terms of the Reservation . Sir Henry Home contra Creditors of Kello and Sir Alexander Home . Decemb : 12 : 1666 : SIR Henry Home having appryzed the Lands of Kello , before the year 1652. pursues the Tennents for Mails and Duties : Compearance is made for either Creditors appryzers , who alleadged they ought to come in with him pari passu , by the late Act between Creditor and Debitor ; because the appryzings being since the year 1652. was within a year of his appryzings , being effectual by Infeftment , or Charge . It was answered ▪ that the Act of Parliament was only in relation to Compryzings , both being since the year 1652. and the Pursuers appryzing being led before , falls not within the same . It was answered , that the Act of Parliament in that Clause thereof in the beginning , mentions expresly , that Compryzings led since 1652. shall come in pari passu with other appryzings ; but doth not express , whether these other appryzings are since 1652 : but in that is general , and the Reason of the Law is also general , and extensive to this Case . It was answered that the posterior part of that same Clause , clears that point , both in relation to the appryzings , in whose favours , and against which the Law is introduced , viz. that the Clause is only meant the appryzings led since 1652 : shall come in pari passu , which must both comprehend these that come in , and these with whom they come in . The Lords Repelled the alleadgence , quoad other Compryzings , and found that their Compryzings could not come in with the Pursuer , he having appryzed before the year 1652. and Charged before their appryzing . Ianet Thomson contra Stevinson . Decem : 13 : 1666 : JAnet Thomson pursues a Reduction of a Disposition made by her to Stevinson , upon Minority and Lesion ; and also upon this Reason , that the Disposition was done within some few dayes after her Pupillarity , and it being of Land , ought not to have been done without authority of a Judge , especially seing she had no Curators . The Defender answered to the first , there was no Lesion , because the Disposition bears a sum equivalent to the value of the Land. To the second , non Relevat . The pursuer answered , that the Subscribing and acknowledging the receipt of Money by a Minor , cannot prove it self , but the Minor is Les'd in Subscribing the same . The Defender Duplyed , that he offered to prove by Witnesses , that the price was truely payed , and profitably Employed . The Lords found not the second Reason of Reduction Relevant , the authority of a Judge being only required to the alienation of Lands made by Tutors of their Pupils Lands . Anna Fairly contra Creditors of Sir William Dick. December 14 : 1666 : ANna Fairly alleadging that she obtained an Assignation from umquhil Mr. Alexander Dick , as Factor for his Father , in satisfaction of a Sum due to her by his Father , pursues for delivery of the assignation . The Creditors alleadged that the assignation being in the hands and custody of Mr. Alexander the Granter , it must be proven by Writ , he being dead ▪ that it was delivered , and not by Witnesses ; for there is nothing more frequent , then Parties upon intentions , to subscribe Bonds , Assignations , and other Rights , and yet do not , de facto , deliver them : or if they have been delivered , to satisfie them and retire them and if Witnesses were admitted to prove the delivery , or redelivery of such Writs , the Lieges would be in extream unsecurity , contrary to our Law , that admits not Witnesses above an hundred Pounds ; and therefore Chirographum apud debitorem repeatum praesumitur solutum ; which presumption cannot be taken away by Witnesses . The Pursuer answered , that though this holds in Bonds , where there is a Debitor , and no other adminicle to instruct the Debt ; yet this is an Assignation , and the Cause thereof otherwise instructed , and most likely to be truely done : and it is offered to be proven , that this Assignation was delivered back to Mr. Alexander , to be made use of as Agent for the Pursuer . The Lords refused to sustain this Member of the Probation , but because of the poverty of the poor Woman , recommended the case to the Creditors , to be favourable to her , and did forbear to write the Interlocutor . Hay of Knockondy contra Litlejohn . Eodem die . HAY of Knockondy pursues Litlejohn for the damnage sustained by him , by the fall of Litlejohns House , called the Tower of Babylon , whereby the Pursuers House , adjacent , was broken down . The Defender alleadged ; First , The Libel was not relevant , unless he had been required to find Caution , de damno infecto , as is required by the Civil Law , whereby if that Caution were not required , there is an express Text in the Title de damno infecto , that there shall be no Action , but the Party shall impute his loss to his own negligence . Likeas we have two special Statutes , concerning ruinous Houses , which prescrive the method of preserving them , and making up the damnage , none of which being followed , the Defender is not lyable . 2ly , Whatsoever might be alleadged against the Heretor of the said House , the Defender is only an Appryzer of a Liferent-Right , for a small Sum ; and the Liferenter was not obliged to repair a Tenement manifestly ruinous , that could not be preserved , but with great Expence and Rebuilding : much less the Appryzer who hath but a small Sum on it . The Pursuer answered to the first Defense , that his Libel was most Relevant Damnage upon any fault , being due and Reparable by the Law of Nature : and as for the Civil Law , it hath no Effect with us in this point , our Custom neither giving nor requiring such Caution ; much less refusing Action , if it be neglected : and as to our own Statutes , though they be very convenient wayes for securing of damnage , yet they are not exclusive , nor have they any Clause , except in these Cases , and in that method , Damnage shall be irrecoverable . To the 2d , it was answered , The Pursuer was not obliged to know , or enquire whether the Defender was Heretor or not : but he finding that he was a Neighbour , behaving himself as Heretable Possessor , by uplifting the Duties he did pursue him , and if need beis , offers him to prove , that he did require him to keep him skaithless , though he took no Instrument thereon . The Defender answered , that he was not obliged to take notice of such Requisitions , not being Solemn by Instrument . The Lords found the Defender lyable , albeit there had been no Requisition verbal or otherwise , it being proven that the Ruinousness of the Tenement that fell , was notour and manifest to the Defender himself , whereby he was obliged , either to demolish the House , if it was not Reparable , or to have quite his Possession , to evite the imminent damnage of Neighbours . Lord Colvil contra Feuars of Culross . Decemb. 15. 1666. THe Lord Colvil as Heretable Bailzie of Culross , having Charged the Lord Kincairn and others for the Taxation of their Lands in Culross , conform to the stent Roll ; They Suspended , and alleadged that the stent Roll contained a fifth part more then the Taxation . It was answered , and offered to be proven , that it was the Custom of that and other Benefices at their meeting of making the Stent-roll , to add a fifth part for Expenses and Charges of ingathering the Taxation . The Defenders answered , that if any such Custom were , it was against Law , and against the Liberty of the Subject , who could be lyable for no payment , but by Law , or of their own consent ; or if any such Custome were , it hath been by the consent of the Vassals , or at least they have not questioned the same , nor is there any ground for such an addition , for the Kings Officers being obliged by their Office , to Collect His Majesties Taxations , they can demand nothing of them who payed without Process ; and if they be put to Process , the Lords will modifie such Expences as they see cause . The Charger answered , That such immemorial Customes have the strength of Law ; and that it was done with the consent of all the Vassals who conveened ; and that it was the Suspenders fault that they conveened not to make the stent Roll , which should not put them in better case then they had conveened : or if they had conveened , and disassented , there is no reason , that the dissassent of a few should be preferred to the consent of the most part , who as they may Vot in the stent Roll , for the Taxation it self ; in which the plurality carries : so must they for the necessary Expences : and all that can be alleadged with reason is , that the Lords may modifie the Expences of a fifth part , if it be too high . The Suspenders answered , that Law authorized the Feuars , as a Court and Judicature , to meet and stent , which implyes a power to the Plurality , but there is no such warrand for Expences ; as to which , the consent of a hundred cannot oblige the dissassent of one , or of one absent , and the absents have loss enough , that they have not a Vot in their own Stent . The Lords sustained the Reason of the Suspension , notwithstanding of the answer ; and found that no Expences , nor any thing more than the Taxation could be stented , to have effect against these who consented not , but they would modifie Expences , in case of Suspension , as the Cause required , but modified none in this case , because a fifth part was Charged for , more then was due . Lord Newbeath contra Dumbar of Burgie . Decemb. 18. 1666. THE Lord Newbeath having right from Iames Mcken , who had appryzed the Lands of Burgie , pursues Reduction and Improbation against young Burgie and Iohn Watson ; and insists on this Reason , that any Rights they have are null , and fraudulent , being Contracted after his Debt , and the Right granted to young Burgie is null , as being but a base Infeftment , not cled with Possession , before the Pursuers publick Infeftment . The Defender alleadged that his Infeftment was cled with Possession , in so far as his Fathers Liferent was reserved thereby , and his Father Possessing by vertue of the Reservation , did validat his Infeftment . 2ly , Albert the Fathers own Possession could not be sufficient , yet the Father having Transmitted his Right to Watson , and Watson Possessing , the Suspicion of ●●mulation ceased , and there is a Disposition produced by the Father to Watson , which though it bear to be of the Fee , yet can import no more , but to be of the Liferent , seing the Father had no more , neither needs it have an Infeftment , seing it hath but the effect of an Assignation to a Liferent . It was answered , that if the Father had expresly assigned his Liferent , reserved in the base Infeftment , it might have been the ground of a question , whether the Assigneys Possessing so , would have validat the base Infeftment ? But since the Father has not taken notice of the Reservation , but Dispones as Heretor , it clears that he did not Possess by the Reservation , but by his own prior Right . The Lords found the Reason of Reduction and Reply Relevant , and that the Fathers Possessing by himself , or Watsons Possessing by himself , could not validat the base Infeftment . Charles Cass contra Mr. Iohn Wat. Eodem die . DOctor Cass having taken Infeftment of an annualrent , out of the Lands of Robertland , in name of Cockpen and Adam Wat , Charles Cass as Heir to the Doctor , pursues Mr. Iohn Wat , as Heir to his Father , for Compt and Reckoning of the Mails and Duties , and Charges him with the hail Rental being intrometted , or ought to have been intrometted with by him and his Father , by vertue of the Trust in their Person ; and also Adam Wat took a gift of Tutory to the Pursuer , and so is lyable as his Tutor . The Defender answered , that his Fathers Name being borrowed on Trust , could lay no Obligation on him to do any Diligence , but what he thought fit , seing by his Back-bond he was obliged to denude himself , whenever the Doctor pleased ; and the Pursuer has reason to thank him for what he did , and not burden him with what he omitted , seing he had no allowance therefore : and as for the Tutory , there was a multiple Poinding all the time thereof , depending among five or six Parties , pretending Right by the dependence whereby the Tutor was excluded . The Pursuer answered , that the Defenders Name was not borrowed without his knowledge , but that he accepted thereof , and entred to Possession ; and as an Appryzer is not obliged to Possess , but if he Possess , must be answerable for the Rents of the Lands conform to the Rental , so must the Defender . The Lords found the Defender not lyable to Diligence . by vertue of the Trust , albeit he did Possess , but Ordained him to Compt for his intromission , and to condescend what Diligence his Father did as Tutor , that if he be found deficient therein , there might be an additional Accompt to what he intrometted with . Mr. Iames Cheap contra Mr. Iohn Philip. Decem. 19. 1666. MR. Iames Cheap charges Mr. Iohn Philip , to fulfil a Minute of Alienanation of the Lands of Ormestoun , sold by Mr. Iames to Mr. Iohn , whereby Mr. Iohn was obliged to pay 25500 merks , as the price , or to assign sufficient Bonds therefore : He Suspends , and offers to Consign Bonds , and amongst the rest , a Bond of 8000 merks due by the Town of Edinburgh . The Charger alleadged that he was not obliged to accept that Bond , because at the time of the agreement , and Subscription of the Minut ; the Charger particularly excepted the Town of Edinburghs Debt , and the Suspender declared , that it should be no part of the price , which he offered to prove by the Writer and Witnesses insert in the Minute . The Suspender answered , that Witnesses were not competent in this Case , where the words of the Minute are not dubious , but clear and general of any sufficient Debt , for if this were sustained , the alteration of the price , as well as the manner of payment , might be proven by Witnesses . It was answered , that it was no way alike , nothing being here in question , but the manner of payment , and not the quantity of the price . The Lords Ordained the Writer and Witnesses to be Examined before answer . Ianet Thomson contra Stevinson . Eodem die . IN the Reduction on Minority , at the Instance of Ianet Thomson contra Stevinson . The Lords Ordained the Pursuers Mother to be received Witness of her Age , cum nota , there being a Testificat already produced , and there being 30 or 40 years since the Pursuers Birth : after which time , it was not likely that others would remember ; but she was ordained to Depon● who were Witnesses at the Birth and Baptism , and these to be Examined . Corstorphin contra Martines . Decem. 21. 1666. JAmes Corstorphin pursues a Reduction of a Disposition made by his Fathers Sister , in lecto . It was alleadged by Martines , to whom the Disposition was made , that he could not quarrel the same , because his Father to whom he is Heir , and the other Brethren and Sisters of the Defunct had approven whatsoever Testament , Legacy or Disposition , made or to be made by the Defunct , of her Goods and Gear , Debts and sums of Money , and others whatsoever , that she had , or should have the time of her Decease ; so that she having made this Disposition , he cannot quarrel the same . The Pursuer answered ; First , That the Ratification in the Terms foresaid , could not be extended to Lands or Annualrents , Constitute by Infeftment , there being no mention of Lands , Annualrents or Heretage therein . 2ly , It could not be extended to any Disposition , but Legally made , and therefore not to Dispositions on Death-bed . The Defender answered , that the Ratification bearing expresly sums of Money , did comprehend all sums , although Infeftment of Annualrent were granted for security thereof , which being but accessory to the sum , follows the same . 2ly , There could be no other effect of the Ratification , if it were not to exclude the Heir from quarreling thereof , as being in lecto , for if the same was made by the Defunct in her leige poustie , it were valide and unquarrelable in it self , and albeit it bear not mention of Death-bed , yet it expresses Disposition of all Goods , she should happen to have the time of her Death ; so that if she had acquired Rights after her sickness contracted , she might Dispone the same validly by this Ratification , and yet behoved to be on Death-bed . The Lords found this Ratificatiou not to extend to sums whereupon Infeftment of Annualrent followed , which was carried but by one Vote , and so they came not to the second Point . William Yeoman contra Mr. Patrick Oliphant : Eodem die . WIlliam Yeoman having apprized the Lands of Iames Oliphant , Son to Sir Iames Oliphant ; and Mr. Patrick Oliphant having also appryzed the same , William insists on this reason , that Mr. Patricks appryzing was satisfied by Intromission within the legal ; Mr. Patrick alleadged that his whole Intromission could not be countable to satisfie his Appryzing , because the two part thereof did only belong to his Debitor , and the third part to Dame Geils Moncrief , who had right to a Terce thereof , and to whom Mr. Patrick was only lyable and countable , and for a part of the years he was her Tennent , and had Right from her . It was answered that the Tercer had no compleat Right , till she was Served , and kend to her Terce , which , being done after the years in question , the Fiar might have Possest the whole till her Service , and might have forced the Possessors to pay him , so the Appryzer entring in Possession of the whole , upon his Appryzing , cannot pretend the Right of the Tercer , and his taking Tack of her , was unwarrantable till she was Served , and done of purpose , that his Appryzing might not be fully satisfied , and so the Legal might expyre , which is most rigorous and unjust , and offered presently to satisfie the Tercer of her third . It was answered that the Service whensoever done , is drawn back to the Husbands death , and doth but declare , and not constitute the Wifes Right , like the Service of an Heir . The Lords found that Mr. Patrick could not cloath himself with the Tercers Right , to cause the legal expyre ; but found the offer Relevant , for besides the favour of the Cause , the case is not alike with an appear and Heir , whose Right , though not declared , yet he continues in his Predecessors Possession , and none other hath any Interest , but the Fiar might possess the whole , and exclude the Tercer till she were Served . Paul Henrison contra Laird Ludquharn . Decemb. 22. 1666. PAul Henrison Indweller in the Island of Helgilland , being at the mouth of the Elve , fraughted to Scotland by Hamburgers , was taken by a Privateer , and declared Pryze at Peterhead by the Laird of Ludquharn , Admiral Depute there , whereupon he addrest himself to the Admiral Court at Leith , and obtained Decreet for restoring of his Ship upon compearance : Ludquharn gives in a Bill of Suspension of this Decreet , and to dispatch the Stranger , because it was ordained to be heard upon the Bill : Ludquharn alleadged that the Admirals Decreet was unjust , because he offered him to prove by Merchants in Edinburgh , that Helligilland is a part of the Dominion of Denmark , and albeit it be in the present Possession of the Duke of Holstein ; yet he holds it of the Crown of Denmark , and as to that , he is Subject to the King of Denmark , and therefore the Inhabitants of that Island are in the state of enimity with the King , and so lawful Pryze , It was answered , that the Stranger hath produced a Pass of Sir William Swan , the Kings Agent at Hamburgh , bearing that he had taken tryal ; and found the Ship to be free ; and it being notour and acknowledged , that this Stranger is a Subject of the Duke of Holstein , who is a Prince of the Empire , and in Amity with His Majesty , as is declared by a Letter of the King to the Lord Commissioner , it must extend to all His present Subjects , who are not oblieged to Dispute how he holds this Islands , or when he got the Right thereof : and his Pass bears him to be a Natural Subject of the Duke of Holsteins , and not of the King of Denmark . It was answered , that the Right of this Island was only in Impignoration , and only in Possession of the Duke of Holstein within this ten year . The Lords adhered to the Admirals Decreet , and Repelled the Reasons of the Bill . Tweeddies contra Tweeddie . Eodem die . UMquhil Tweeddie of having Disponed his whole Estate to his Eldest Son , at the same time , his Son gives a Bond to his Mother and her Heirs of six thousand merks , the Mother being dead , the other five Bairns pursues a Declarator of Trust against the Heir , that this was the Bairns Provision , put in the Name of the Mother , and offers to prove the same by the Wryter and Witnesses insert . It was answered , that Trust was not so probable , otherwise all Rights might be inverted by Witnesses , whose Testimonies , our Law hath Restricted to an hundred Pounds . It was answered , that much more was to be attribute to Witnesses insert , upon whose Testimonies the Parties condescend , and confide , than to common Witnesses . 2dly , Albeit Witnesses were not receiveable to prove Trust alone : Yet where there are strong presumptions concurring , they are admittable even to annul Writs of the greatest importance , as is ordinarly used in the indirect manner of Improbations ; and here are strong presumptions , viz. That the Father , at the time of this Bond , did Dispone to the Defender , his Eldest Son , his whole Estate , without a Reservation of his own Liferent , or any other thing , and there were five Children beside , who had no Provision : So that albeit this Bond be conceived to the Wife , her Heirs and Assigneys , yet cannot be presumed to be intended to have fallen back to the Defender as her Heir . The Lords in respect of the presumptions , were inclinable to admit the Witnesses , but they ordained the Pursuers before answer , to what could make a sufficient Probation to adduce such Witnesses as they would make use of for astructing these Presumptions and the Trust. Iames Hoge in Edinburgh contra Iames Hoge in Dalkeith . Ianuary 2. 1667. JAmes Hoge in Edinburgh , pursues a Declarator of Redemption agaist Iames Hoge in Dalkeith , who alleadged Absolvitor , because the whole sum , contained in the Reversion , was not Consigned . It was answered , there was Consigned the equivalent , viz. A Decreet against the Defender , for a Liquide sum , which behoved to compense . It was answered , that Reversions being strictissimi juris , Compensations are not to be admitted therein : otherwayes Wodsetters may be much prejudgeed by taking Assignations from their Creditors , and Consigning the same , and frustrating them of their Moneys , which they had designed for other Creditors , and other uses . It was answered , that this was no Extrinsick Compensation , but a Decreet founded upon an Article contained in the Contract of Wodset . Upon which consideration the Lords Sustained the Order , and Declared . Earl of Murray contra Iohn Hume . Eodem die . THE Earl of Murray pursues Hume his Tennent to find Caution for his Duties , or else to Remove : Who alleadged Absolvitor , because the Earl was Debitor to him in a Sum exceeding all the bygone Rents , and this Action hath no place , but when there are some years Rent Resting . It was answered , That the Defender was at the Horn , and his Escheat taken , and so was manifestly , vergent ad inopiam . The Lords would not Sustain this Member , unless bygones had been owing , but Superceeded to give answer , till the Compensation were proven . Francis Hamiltoun contra Eodem die . FRancis Hamiltoun having Suspended a Decreet , obtained against him for House-mails , on this Reason , that his Wife only took the Tack , which could not oblige him . It was answered , that his Wife keeping a publick Tavern , was evidently praeposita huic negotio . Which the Lords Sustained . Another Reason was , that the House became insufficient in the Roof , and the Defender before the Term , required the Pursuer to Repair the same , which he did not ; and the Neighbouring House , called The Tower of Babel , falling upon the Roof , made it Ruinous . It was answered , That was an accident without the Pursuers fault , and the Tennent ought to pursue these whose Tenement it was that fell . The Lords found the Reason was not Relevant to Liberate from the Mail , unless the Suspender had abstained to Possesse , but found it Relevant to abate the Duties in so far as he was Damnified . Oliphant contra Hamiltoun of Kilpoty . Eodem die . WILLIAM OLIPHANT having obtained a Decreet for Poynding of the Ground , against Hamiltoun . He Suspends on this Reason , that he was neither Decerned as Heir , nor Possessor , but as appearand Heir to the Heretor , and was never Charged to Enter Heir . The Lords Repelled the Reason , and found this Action , being real , was competent against the appear and Heir without a Charge . William Oliphant contra Hamiltoun . Eodem die . OLiphant pursuing the foresaid Poinding of the Ground upon an Annualrent . It was alleadged Absolvitor from the bygones before the Pursuers Right , because his author was Debitor to the Defender in a liquid sum equivalent . It was answered , that the Pursuer was singular Successor , and no personal Debt of his Authors could infer Compensation of a real Right against him . The Lords found that the bygain Annualrents were moveable and compensable with any liquid Debt of the Pursuers Authors . contra Brand. Ianuary 3. 1667. Chapman having left his Pack in custody with Brand , In Dundee , about ten or twelve dayes after , Brand opened the Pack , and made use of the Ware. The Chapman now pursues him for a Spuilzie , who alleadged Absolvitor , because the Pack was put in his hands for security of a Debt due by the Pack-man , and he being informed that the Pack-man would not rerurn , did , by warrand of a Baillie in Dundee , cause four of the Neighbours , Inventar and Price the Ware. It was answered non relevat , for though the Pack had been impignorat , the Defender could not appryze it summarly , but behoved to take a Sentence to Poind the same . The Lords Repelled the Defense . It was further alleadged , that there could be no Spuilzie , nor Oath in litem of the Pursuer , because there was no Violence . It was answered that the Oath in litem is Competent , whether it were a Spuilzie or a breach of Trust , actione depos●● . It was answered , that the Oath in litem being granted mainly , because Parties injured by breach of such Trusts , cannot be put to prove by VVitnesses , that which is taken from them , none being oblieged to make patent his Pack , or other privat Goods to VVitnesses , yet where there is another clear way to prove the quantities , viz , the Oathes of the four Persons who opened the Pack , there is no reason to put it to the Pursuers Oath , especially seing their Inventar is not the eight part of what he claimes . The Lords admîtted the Pursuers Oath , in litem , reserving their own Modification , with liberty to the Defender , if he thought fit to produce what of the Ware he had , and to produce these four Persons , that the Pack-man may Depone in their presence . Earl of Sutherland contra Earls of Errol and Marischal . Eodem die . THere being a Decreet of Parliament ranking the Nobility , whereby Earl of Sutherland was put after the Earls of Errol and Marischal : In which Decreet , there is a Reservation to any to be heard before the Judge Ordinar , upon production of more ancient Evidents ; whereupon the Earl of Sutherland pursues Reduction of the Decreet of Ranking , containing an Improbation of all VVrits , Patents , and other Evidents granted to the Defenders , or their Predecessors , whereby they are Constitute or Designed Earls : they did produce the Decreet of Ranking , and the Earl of Errols Retour , whereupon the Pursuer craved Certification contra non producta , after all the Terms were run . The Defenders alleadged no Certification , because they had produced sufficiently , by producing the Decreet of Ranking , and their Retoures , and the Pursuer had only produced his own Retoure , which was since the Decreet of Ranking ; so that the Decreet of Ranking was sufficient to exclude all his Titles produced . It was answered , the Retour being the Sentence of a Court , Serving this Earl as Heir to his Fore-Grandsire Grandsires Grandsires , Fore-Grandsires Goodsire , who is Designed Earl by King Alexander the second : It was sufficient in initio litis . Likeas he did formerly produce the Original Evidents , and which was now in the Clerks hands , and might have been seen by the Defenders , if they pleased . The Lords found the Retoures not sufficient alone , and Ordained the rest to be Reproduced , and seen by the Defenders . Smeatoun contra Crawfoord . Eodem die . UMquhil● Patrick Smeatoun granted a Disposition to Crawfoord his VVife , and her Heirs , of a Tenement of Land , whereupon nothing followed during her Lifetime , her younger Brothre Iames Crawfoord Served himself Heir-General to her , and obtained a Decreet of Implement against Iohn Smeaton as Heir to his Father , and having used Horning thereon , obtained Adjudication against Smeatoun , and his Superiour , and thereupon was Infeft : which Right was Disponed by him , with consent of William Crawfoord , elder Brother to the VVife . The said Iohn Smeatoun Dispones the same Tenement to Alexandor Smeatoun , and he is Infeft , and thereupon pursues a Reduction of Iames Crawfoords Retour , and of all that followed thereupon in consequence on this Reason , that the Disposition to the VVife belonged not to Iames Crawfoord her younger Brother , who was Heir of Line , but to William Crawfoord , her elder Brother , as Heir of Conquest , and so the Service was null , following thereupon ; and the Pursuer being first Infeft from Smeatoun , he hath the only Right , because any Infeftment to William the Heir of Conquest will be posterior . It was answered , that it was jus tertij to the Pursuer , whether the Heir of Line was Served or Infeft , or the Heir of Conquest : likeas the Heir of Conquest did concur , and had consented to the Disposition . The Lords found not the Defenses Relevant , but considering the Case as Calumnious , seing it was but of late cleared by Decisions , whether the Heirs of Line , had right to Dispositions without Infeftment , they did superceed to give answer , but ordained the Defender to give in what Evidences he could give , of the onerous cause of his Disposition . Paul Henrison contra Laird of Ludquharn and Captain Seatoun . Ianuary 4. 1667. THe Debate betwixt Paul Henrison and Ludquharn , was this day heard again , and it was alleadged that the Kings Proclamation declared War against the King of Denmark and his Subjects , Ita est the Owners of the Ship are Subjects to the King of Denmark , because it is notour that this Isle is a part of the Kingdom of Denmark , and till of late was in the same condition , as any other of his Territories ; and albeit the Duke of Holstein have now an Interest by Possession , or Infeodation , that alters not their subjection to the Crown of Denmark , but the same is still presumed , unless they will positively prove , that the same is alter'd , and the Duke of Holstein constitute Soveraign therein , and they liberat from his Jurisdiction , Tolls , and Imposts for War. It was answered , that this Stranger was not obliged to Dispute the Right or Investiture of the Duke of Holstein ; but it was sufficient for him to say , that before this War they did own him as their Prince for simple acknowledgement of a Superiour , or Investitur from him , doe not make Subjects , or comprehend them within the Wars , and Quarrels of their Superiours : yea , though there were a Tribute or Jurisdiction due to that Superiour , yet if the Prince do enjoy the Priviledges of making War and Peace , he is not a simple Subject , but in so far a Soveraign Prince , as some of the Princess of the Empyre , hold of the Emperour paying him Tribute : and there lyes an appeal to the Soveraign Imperial Court ; yet because they can make War and Peace , they are not necessarly involved within the Emperours Quarrels . So the Duke of Holstein being a Soveraign Prince , and possessing this Island , so as to make use of the Subjects thereof in Peace and War ; therefore is not comprehended in the King of Denmarks Quarrel ; nor is he , or his Subjects in the Sense of the Proclamation . The Lords adhered to their former Interlocutor upon the 22 of December , when this Case was Debated , and Repelled the Alleadgences proponed for Ludquhurn , unless it were alleadged that the Inhabitants of this Island do contribute with the King of Denmark in this War against the King , and they so alleadging . The Lords Ordained the Ship and Goods to be valued , and delivered to the Stranger upon Caution ; or otherwise to be Sequestrat in some Merchants hands , that the Ship might be made use of for Fraught , and the Goods sold , and not made unprofitable : and according to the course of Admirality , the Lords Ordained Ludquharn to find Caution for Cost , Skaith and Damnage , by the delay of that alleadgence . Mr. Iames Cheap contra Mr. Iohn Philip. Ian. 5. 1667. THe Lords having Considered the Testimonies of the Witnesses adduced before answer , betwixt Mr. Iames Cheap and Mr. Iohn Philip , upon the Debate mentioned the 19. of December last , found the same to prove , and to qualifie the Minute , they being the Witnesses insert above exception , and it but a Minute , wherein particulars are not at all , nor fully set down , which will not be drawn in example , as to any full and extended Writs , either for altering any Clause therein exprest ; or for adding thereunto any omitted . Laird of Polwart contra Laird of Halyburtoun . Ianu. 16. 1667. THe Laird of Polwart as Heir to his Father , pursues Hallyburtoun for payment of a Ticket of 250 merks , due by the Defender to the Pursuers Father , and for a composition payed by the Pursuers Father , for receiving him in certain Lands , Disponed to him by the Defender , wherein he was oblieged to obtain him Infeft . The Defender alleadged absolvitor from the payment of the Ticket , because it must be presumed to be payed on these grounds ; first , Since the Ticket , the Defender sold Land to the Pursuer , so that it must be presumed it was Counted and included in the price , and albeit that presumption were not sufficient alone , it is fortified by these two , viz. That it is twenty eight years since the Bond was granted , and no word ever heard thereof : and that umquhil Polwart in his Testament , gave up an Inventar of the Debts owing to him , wherein no mention is of the Bond. It was answered , that a Writ could not be taken away by Witnesses proving payment : much less by presumptions : and as to the Taciturnity , which is the main one , umquhil Polwart dyed about seven years after the Bond was granted , and the Pursuer was Minor most of the time since . It was answered , that Presumptions have been oftimes sufficient to take away VVrits , as was found in the case of the Lady Trabroun . The Lords Found the Presumptions not Relevant , and that they were nothing so strong , as these of the Lady Trabroun , which were thus ; Trabroun granted a Bond of 5000 merks to Alexander Peebles , which was taken away on these Presumptions , that thereafter Trabroun had granted a Bond of 10000 merks to the said Mr. Alexander , who was his Advocat , with whom he had many Affairs ; and therefore it was to be presumed , the last Bond included the first ; especially seing Trabroun decaying in his Fortune , Mr. Alexander apdryzed his Lands upon the last Bond , and not upon the first , which he might have done with the same Expence , and that he never moved any thing thereupon all his Life , by the space of twenty six years ; and in the Inventar of his Testament , he made no mention of it : and that his Executors being Examined ex officio , did acknowledge they had found it amongst old cast Papers . The Defender furder alleadged absolvitor from the Composition , because he was never required by Polwart , to procure the Infeftment from the Earl of Hume , which he could easily have done gratis , he being his Uncle , especially seing there was no Term in his Obligation to perform ; and therefore Interpellatio tantum inducit moram . The Lords found the Defense Relevant , and Assoilzied from the Composition . albeit it was alleadged that Polwart for several years had not Componed , that the Composition was much less then a years Rent , and that Halyburtoun was not in good Terms with the Earl of Hume , which was not respected , seing Hslyburtoun was not required . Reid contra Salmond . Eodem die . REid pursues Barbara Salmond and Iames Telz●fer her Husband , for a debt due by her Father , as behaving her self as Heir , by Possessing a House wherein her Father died Infeft ; and by Setting another House of his to Tennents . It was answered , that Iames Telzifer was Tennent in the House Possest by him , before the Defuncts Death , and might Possess , per tacitam relocationem : Neither could he safely leave the House , till he had given it over to some having Right . VVhich the Lords found Relevant : 2ly . It was alleadged that the Defunct had Disponed the same Tenement to the defenders Son , his Oye , which disposition , albeit it attained not Infeftment ; yet it was a sufficient Title for Mails and Duties , and to continue Possession , and to purge the vitious Title of behaving as Heir . Which the Lords found also Relevant . Barbara Chapman contra Iohn White . Ianu. 18. 1667. BArbara Chapman pursues a Reduction ex capite inhibitionis , viz. That Calander being Charged to enter Heir to his Father , who was the Pursuers Debitor , and upon the Charge Inhibition was used against him , after which he Disponed to the Defenders Father . It was alleadged by the Defender , that he is minor & non tenetur placitare de haereditate paterna . It was answered , that Calander , his Fathers Author , was never Infeft . Secondly , That the Defenders Father did Dispone the Land to his second Son , by both which , it could not be called haereditas paterna . The Lords Sustained the Defense , notwithstanding of the Reply , and found no Process , till the Defenders majority , and that he was not oblieged to Dispute whether his Fathers Authors were Infeft : or whether his Father had disponed , or not until his Majority , that he might seek out his Evidences , and defend himself . Reid contra Ianu. 19. 1667. IN a Process betwixt Reid and whereof the Title was a Service of the Pursuer , as Heir deduced before the Bailzie of Regality , of Spenzie . It was alleadged by the Defender , that this Title was not sufficient , seing the Service was not retoured . It was answered , that the Service being within the Regality , and of a Person dwelling there , neither needed , nor used to be Retoured , in respect the Service it self was in Record in the Bailzies Books . It was answered , that albeit a special Service of Lands within the Regality , needed not be Retoured in the Kings Chancellary , because there was no Precept thence to issue , but the Service within the Regality was sufficient , that thereupon the Precepts of the Lord of the Regality might proceed against the Superiour within the Regality , who was Infeft : but in a general Service , which may be before any Judge , whether the Heir Reside in his Jurisdiction or not ; there is no difference betwixt a Regality and any other Court , but all must be Retoured in the Chancellary . It was answered , that the Regality having their own Chapel and Chancellary , were not oblieged to Retour it in the Kings Chancellary . Which the Lords found Relevant and sustained the Service . Isobel Findlason contra Lord Cowper . Ianu. 22. 1667. ELphingstoun of Selmes having given a Precept to Isobel Findlason , and direct to the Lord Cowper , that he should pay to the said Isobel , a Sum owing by Selmes to her , and receive Selmes Bond from her ; upon the foot of which Precept , the Lord Cowper directs another Precept to Iames Gilmore , to pay the said sum : the VVoman not being payed , pursues both the Lord Cowper and Iames Gilmore , for payment . It was alleadged for Iames Gilmore absolvitor , because he had not accepted the Precept , neither was there any ground alleadged for which he was oblieged to accept , or pay the Lord Cowpers Precept . Which the Lords found Relevant . It was alleadged for the Lord Cowper , that the giving of the Precept should not obliege him , seing it mentioned not value received , or any other Cause ; and therefore resolved into a meer desire . It was answered , that the giving of the Precept was an acceptance of Selmes Precept , and behoved at least to import a Donation , to be made effectual by the Drawer of the Precept : or otherwise , an Intercession , or Expromission for Selmes . The Lords sustained the Process , and found the Lord Cowper lyable by the Precept , to pay in case of none acceptance , especially seing it was consequent to Selmes Precept direct to Cowper . Mr. Iohn Mair contra Steuart of Shambelly . Eodem die . MR. Iohn Mair Minister of Traquair , having obtained Decreet against Shambellie , and the Parochioners , to pay him 545. merks , Expended for Reparation of the Manse , and to meet and Stent themselves for that Effect : upon which Decreet , he took Shambellie with Caption , whereupon he gave him a Bond of fourscore pounds for his part . Shambellie now Suspends the Bond on this Reason ; that albeit it bear , borrowed Money , he offers to prove by the Chargers Oath , that it was granted for his part of that Stent , and that his proportion thereof , casting the Sum according to the Valuation of the Paroch would not exceed fourty merks ; and that he granted this Bond for fear of Imprisonment . It was answered , the Reason was not Relevant to take away the Suspenders Bond , being major sciens & prudens ; and there was here no justus metus , because the Caption was a lawful Diligence , so that the giving of the Bond was a Transaction of the Parties , which is a strong Obligation . It was answered , that the Suspender when he was taken at his House , was sick and unable to travel ; yet the Messenger would carry him away , and being at the Tolbooth , gave the Bond rather , than in that Case to go to Prison , which was an irregular force , and a just cause of fear ; but this addition was not proponed peremptory . The Lords Repelled the Reason of suspension , unless the said addition were also instructed instanter , otherways it could only be reserved by Reduction , ex metus causa . Sir Henry Hoom. contra Tennents of Kello and Sir Alexander Hoom. Janu. 24. 1667. SIR Henry Hoom having Appryzed the Lands of Kello from Henry and Iohn Hooms , and being Infeft , pursues the Tennents for Mails and Duties . Compearance is made for Sir Alexander Hoom , Donatar to the Forefaultor of the said Iohn Hoom of Kello , who alleadged that the Forefault Person , the time of the Doom of Forefaultor , was in Possession of the Lands in question , in whose place the Donatar now succeeds , and by the Act of Parliament 1584. It is Statuted , that where the forefault Person was in Possession the time of the Forefaulture , albeit not by the space of five years , which would Constitute a Right to him , that the Donatar must be put in Possession , and continue five years in Possession , that in the mean time he may search and seek after the Rebels Rights . It was answered ; First , That this part of the Statute is only in case the Rebel had Tacks , or Temporary Rights , which neither is , nor can be alleadged in this Case . Secondly , The five years Possession must be reckoned from the Doom of Forefaulture , after which the Kings Officers or Donatar , might have attained Possession , and if they did not , their neglect cannot prejudge others . Ita est , there are five years since the Forefaulture , and the Rents are Extant , being sequestred . It was answered that the Act Expresses , not only in Case of Tacks , but also in Possession , and that the five years must be after the Possession began , and not the Forefaulture . The Lords found the alleadgance Relevant , that the Rebel was in Possession , and preferred the Donatar to the five years Rent , after the date of the Forefaulture . It was further alleadged , that the Pursuers Right being but an Appryzing , the Donatar would instantly satisfie the same at the Bar. It was answered non Relevat , to retain by way of Exception , but the Donatar behoved to use an Order , and pursue a Declarator . It was answered , that in Appryzings , an Order upon 24 hours Requisition , was sufficient , there being no further Solemnity required , then that the Appryzer might come to receive his Money . The Lords found that the Appryzing might be summarly satisfied hoc ordine . Earl of Argile contra George Campbel . Eodem die . THE Earl of Argile pursues George Campbel , to remove from certrin Lands , who alleadged absolvitor , because the Warning was null , not being used at the right Paroch Kirk , where Divine Service at that time was accustomed . It was answered non Relevat , unless it were alleadged that the other Kirk were Erected by Parliament or Commission thereof , and that thereby the Old Paroch was supprest and divided . 2ly , Though that were alleadged , it ought to be Repelled , because it is offered to be proven , that all VVarnings and Inhibitions have been used at the Old Paroch Kirk , and particularly by the Defender himself . The Lords Repelled the Defense simply , unless the Erection were alleadged as aforesaid , and found in that Case , the Reply Relevant to elide the same . Earl of Argile contra George Campbel . Ianu : 25 : 1667 : THE Earl of Argile insisting in the Removing against George Campbel . It was alleadged no Removing , because the VVarning was null , not bearing , to have been Read at the Kirk Door , either at the time Divine Service uses to be , or at least before Noon . It was answered , that the VVairning bore , that the same was affixed on the Kirk Door , and lawfully Intimat there ; which does import the lawful time of the Day . 2ly , The Pursuer offered to mend the Executions at the Bar , and abide by it as so done . It was answered , that the Defender accepted the Executions , as produced , after which they could not be amended , and that lawfully could not supply that Speciality ; otherwise if the VVarning had only born , that the Officer had VVarned the Party lawfully , it would have been enough . The Lords admitted the Pursuer to amend the Execution , he biding thereby , and Ordained the Defender to see the same . Hercules Scot contra Gibb . Ianuary 29 : 1667. HErcules Scot having given his Horse to John Gib , Stabler in Brunt-Island , to be kept : pursues Gibb for the price of his Horse . The Defender alleadged Absolvitor , because he having put out the Horse to the Grass , it being in the Month of July , the Horse fell over a Rock and brake his neck , and the Defender is not lyable pro casu fortuito . It was answered , that the Accident was by the Defenders fault , because he put the Horse to Grassing above the Craigs of Brunt-Island , and caused ty his Head and Foot together . 2ly , It is offered to be proved by Witnesses , that the Pursuer directed him to keep the Horse in the Stable at hard Meat , and not to put him out to Grass . The Defender answered , that he was not in culpa , because he had put out the Horse in a place , where ordinarly other Horses were put out , and had tyed him no other way then the rest of the Horses . 2ly , The Command to keep , is only relevant to be proven , scripto vel ju●amento , and the emission of words without any Fact , is not otherwise probable . The Lords found the Defense and Duply Relevant to elid the Summons , but found the Reply and Triply Relevant to elide the same ; and found it Probable by Witnesses , in respect it was a part of the Bargain betwixt the Pursuer and the Stabler . Henderson contra Henderson . Ianu. 31. 1667. UMquhil Henderson grants a Writ in favours of Allan Henderson , whereby he appoints the said Allan to be his Heir , and Donatar to all his Lands and Estate , and assigns him to the Rights and Evidences thereof ; with power to Enter by the Superiour : But in the Narrative , it bears the ordinar Narrative of a Testament , and has a Clause subjoyned to all , in case of his Return , he may alter and annul the same , there having nothing followed in his Life . The said Allan pursues Henderson his appearand Heir , to fullfil the former Writ , and to Enter Heir , and Resign in his favours , conform to the meaning thereof . The Defender alleadged Absolvitor ; First , Because this Writ is no Disposition , but a Testament , or a Donation , mortis causa , in which no Disposition of Land can be valid . 2ly , Albeit this could be a Disposition , yet it is not done habili modo , there being no Disposition of the Right of the Land , or any Obligement to Infeft , neither can a Person be Constitute Heir , but either by Law or Investiture ; or at least , by an Obligement to grant Investiture . 3ly , This being dona●io mortis causa , expresly Revocable by the Defunct at his return , it is ambulatory and conditional : Ita est , he returned and granted Commissions , and Factories , whereby his mind appeared to be changed . The Lords Repelled all these Alleadgances , and sustained the Summons , because though the Writ was unformal , yet they found the Defuncts meaning was to alienat his Right from his Heirs to this Pursuer , to take effect after his death ; and albeit he returned , seing he did no Deed to annul , or recal this Writ , this was effectual against his Heir to compleat the same . Creditors of Sir James Murray contra Iames Murray . Feb. 1. 1667. THere being a Wodset of the Lands of Stirling granted by Sir Iames Murray to Iames Livingstoun of the Bed-Chamber , containing a Clause of Requisition , and Reversion , on payment at London , the Lands being Appryzed by Sir Iame's Creditors , they having the Right of Reversion , did use an Order at Edinburgh , against Iames Murray , as now having a Right to the Wodset , and pursue a Declarator . The Defender alleadged Absolvitor , because the Order is not conform to the Reversion , which is strictissimi juris , and behoved to be done at London . It was answered , the place being adjected in favour of Iames Livingstoun , who resided at London : The Pursuers have done more , having consigned at the present Wodsetters Domicile , London being only appointed , as it was the former Wodsetters Domicile , wherein he hath benefit , and can have no detriment . It was answered , he was not obliged to Debate his detriment , for if his Money were in London , he would get six of the hundreth of Exchange to Scotland . The Lords sustained the Order , the Pursuers making up what should be modified by the Lords , for the Interest of the Wodsetters . Earl Tullibardine contra Murray of Ochtertyre . Eodem die . THe Earl of Tullibardine having Wodset the Lands of Logie-Almond , to Murray of Ochtertyre , he did thereafter Discharge the Reversion , and at that same time , got a Back-bond , bearing , That for payment of 56000. merks , with all other sums that should happen to be due to him by Tullibardine , and all Expenses , that he should Dispone the Lands back to Tullibardine , or the Heirs or Assigneys of his own Body ; but with this provision , that if he were not payed before Martinmass 1662. the Bond should be null , without Declartor . Tullibardine premonishes , and after Premonition , Dispones the Lands to Sir Iohn Drummond , and they both joyntly Consign , and now pursue Declarator . It was alleadged for the Defender Ochtertyre . First , No Declarator upon this Order , because the Back-bond is Personal to my Lord , and to the Heirs or Assigneys , being of his Body ; so that Sir John Drummond , nor no Stranger can have Right thereby to Redeem . 2ly , The Back-bond is extinct , and null by committing of the Clause Irritant , in so far as payment has not been made before 1662. The Purswer answered to the first , that albeit the Reversion had been Personal to my Lord , only excluding his Heirs and Assigneys ; yet my Lord in his own Lifetime might Redeem , and being Redeemed , the Right would belong to any to whom my Lord had , or should Dispone . 2ly , This Clause Irritant is pactum legis commissoriae in pignoribus , which by the Civil Law and our Custom is void , at least may be still purged before Declarator obtained , as being rigorous and penal , and so abiding the Lords Modification , as well as Penalties in Bonds Modified of consent of Parties , especially in this case , where the performance is not of a single liquid sum , but comprehends a general Clause of all Debts that were , or should be after due . The Defender answered , that Clauses Irritant in Wodsets , are not rejected by our Law , but are valide , only , where Declarators are requisit , The Lords may Reduce them to the just Interest of Parties before Declarator : But here there needs no Declarator , because the Defender is in Possession , and may except upon the Clause Irritant committed , and the Clause bears , to be Effectual without Declarator , and albeit this Clause could now be Reduced to the just Interest , it is only this , that seing Tullibardine hath sold the Land , the Defender should give as great a price as it is sold for to Sir Iohn Drummond , which the Defender is willing to do . The Lords sustained the Order , in so far as it is at the Instance of Tullibardine , but not as to Sir John Drummond , but prejudice to Sir John Drummonds Disposition ; They found also that this Clause Irritant might be purged now at the Bar , or any time before Declarator , which is always necessar , though Renunced , that medio tempore , Parties may purge ; And the Lords inclined , that Ochtertyre should have the Lands for the Price Sir John Drummond gave , which is eighty eight thousand merks ; but upon Examining him and my Lord , it appeared that my Lord had offered the Land to him , re integra , and that he had never been special , as to so great a Price as this ; but only general , that he would give as great a price as any other would give , which they thought not sufficient , seing any other thereby would be scarred from Bargaining . Executors of Lady Pilton contra Hay of Balhousy . Feb. 2. 1667. MR. Francis Hay granted a Bond to his Wifes Sister , the Lady Piltoun , bearing , That for good Considerations , he obliged him to pay her a 1000 merks yearly , during her Life , with this Provision , that it should be Leisum to her to Employ the same , for the Abuliaments and Ornaments of her Body , or any other use she pleased ; and but any Right and Interest in her Husband thereto , jure mariti ; her Executors do now pursue Balhousie as Heir , for payment , who alleadged-Absolvitor , because he had payed to Piltoun her Husband ; and albeit it was provided , that it might be leisum to his Wife to Dispose upon the sum , yet she had not done it , but the Husband had provided her with all Abuiliaments necessar . It was answered , that the Husbands jus mariti , was excluded by Mr. Francis himself : And whatever might be alleadged of what belongs to a Wife , proprio jure , that nothing more can remain with her , but her necessary Aliment , and all the rest being in the Person of the Wife , doth return to the Husband jure mariti ; albeit the jus mariti were renunced in her favours ; yet the Right here is freely given by a third Party , excluding the Husband , which third Party might gift with what Provisions he pleas'd , and his gift returns to himself , unless these Provisions be observed , and this must be thought to be a gift , seing it bears no Cause onerous . It was answered , that it bears good Considerations and Expresses not to be a Gift , or done for love and favour . 2ly , If the Gifter were opposing the Husband , or his Creditors Right , and making use of that Provision , that his Gift might return , seing the Provision was not keeped , it might have weight ; but here the Donators Heir makes not use of the Provision , but concurreth with the Husband and payeth him . The Lords found the payment made by the Donator , or his Heir to the Husband Relevant , to exclude the Executors of the Wife . Pourie contra Dykes . Eodem die . UMquhil Dykes having Subscrybed a Bond to Pourie , of this Tenor , That he acknowledged himself to be resting to Pourie 56 pounds yearly , as the annualrent of a 1400 hundred merks ; which sum of 56 pounds , he oblieged himself to pay yearly . This was the Tenor of the Bond , whereupon Pourie pursued Dykes his Successors , not only for the payment of the annualrent , but for payment of the principal sum of 1400 merks , alleadging that she being but a simple Woman , had entrusted Dykes with the drawing of the Bond , and he had deceived her , and not mentioned the payment of the principal , but that the acknowledgement that the Annualrent was due , as the Annualrent of 1400 merks , behoved to infer that the 1400 merks was also due ; this Ticket being holograph , without Witness , there was no clearing of the meaning by the Witnesses insert . Therefore the Lords allowed the Pursuer to adduce such adminicles and witnesses , as she would use for clearing of the same . She adduced an Instrument , bearing , Umquhil Dykes upon his Death-bed , to have acknowledged that he thought the principal sum had been contained in the Obligatory Clause , and that it was through his neglect , or unskilfulness , all the Witnesses in the Instrument being now dead , the Nottar , and he who is mentioned as Procurator , to have taken Instruments in the Pursuers Name , were Examined , both acknowledged that Dykes had exprest his mind in the matter before them ; but they were contrary in the particular ; the Nottar Deponed conform to the Instrument ; but the Procurator Deponed contrary , that the woman had quite the principal sum , and had taken her to the Annualrent . The Lords having considered the whole matter : And first , Whether the Ticket could import that the principal sum was due ? They found neither by the Ticket nor by the Instrument , that that could be Instructed : They considered next , Whether the Annualrent was due , during the womans Lifetime only , or as a perpetual Annualrent , to her , her Heirs or Assigneys ? The difficulty was , that the Obligement bore , that Dykes should pay the Annualrent yearly , but did not express , neither to her , her Heirs nor Assigneys , but simply in these Terms , To pay the 56 pounds yearly ; Which the Lords found to carry a perpetual Annualrent , though Heirs and Assigneys were not exprest . Lady Traquair contra Marion Houatson . Feb. 5. 1667. THe Lady Traquair pursues Marion Houatson for the Mails and Duties of a part of the Liferent-Lands ; who alleadged Absolvitor , because her umquhil Husband , who was immediat Tennent to the umquhil Earl , had , bona fide , made payment to him . Likeas the Defender being only Sub-tennent to her Son , had , bona fide , made payment to her Son of her Duty . The Pursuer answered . that neither of the Alleadgances were Relevant ; because any payment that was made by the Defender , or her umquhil Husband , was before the Term of payment , and so could neither be said to be bona fide nam ex nimia diligentia suspecta est fides , neither could it prejudge the Pursuer . The Lords were all clear that the payment made by the principal Tacks-man , before the Term , was not Relevant ; but as to the payment made by the Sub-tennent to the principal Tennent . The Lords Debate the same amongst themselves , some being of opinion , that the Sub-tennents payment bona fide , before the Term was sufficient , because he was only obliged to the principal Tennent , and he might have a Tack for a less Duty then he , or for an elusory Duty , which if he payed , and were Discharged , he was not conveenable : and oft times the Sub-tennents Term was before the principal Tennents Yet the Lords found that payment made bona fide , by the Sub-tennent to the principal Tennent , was not Relevant , and that because the Master of the Ground has Action , not only against the Tennent , but also against the Sub-tennent , or any who enjoyed the Fruits of his Ground , and may conveen them personally for his Rent , as well as really , he has an Hypothick in the Fruits ; neither can the Sub-tennent prejudge the Master of the Ground of that Obligation and Action , by paying before the Term ; otherways he might pay the whole Terms of the Tack , at the very entry thereof , and so Evacuat the Heretors Interest , as to the Sub-tennent ; yea● though the Sub-tennents Tack-duty were less then the principal Tennents , it would not Exclude the Heretor , pursuing him as Possessor for the whole , but only give him Regress for Warrandice against the principal Tacks-man ; but the Term being come , if the Heretor Arrested , nor pursued not the Sub-tacksman , he might impute it to himself , and the Sub-tacks-man might justly presume that the principal Tacks-man had payed , and so might pay him bona fide . Countess of Hume contra Tennents of Alcambus and Mr. Rodger Hoge . Eodem die . THe Countess of Hume being provided by her Contract of Marriage , to the Lands of Alcambus ; Pyperlaw , and Windilaw , extended to 24 Husband-Lands , she gets a Charter upon her Contract , bearing , For Implement thereof , to Dispone to her the Lands and Barony of Alcambus , &c. with a Seasine taken at Alcambus ; She thereupon pursues the Tennents . Compearance is made for Mr. Roger Hog , and other Creditors , who bought these Lands from Wauchtoun , who had bought them from the Earl of Hume , and alleadged Absolvitor from the Mails and Duties of the Miln of Alcambus , because my Lady by her Contract of Marriage was not provided to the Miln ; neither was she Infeft therein , per expressum ; and Milns do not pass as Pertinents , without a special Infeftment . 2ly , Absolvitor for the Rents of Pyperlaw and Windilaw , because my Ladies Seasine● bears , Only In●eftment in the Lands of Alcambus , and mentions not these Lands which are particularly in the Contract . The Pursuer answered to the first , That by her Charter , she was Infeft in the Lands of Alcambus , with the Milns ; with other Lands mentioned therein , &c. 2ly , That Alcambus bore , by her Charter , to be a Barony , which is nomen universitatis , and carries Milns , albeit not exprest . To the second , It is offered to be proven , that Alcambus is the common known Designation , and is commonly known to comprehend Pyperlaw and Windilaw , as Parts and Pertinents thereof , and that they are all holden of one Superiour , and lyes contigue ; so that they are naturally unite , and without any further union in a Barony or Tenement ; and a Seasine upon any place of them serves for all . It was answered for the Defender , to the first Point , That Alcambus was not a Barony , neither doth the Designation thereof by the Earl of Hume , make it a Barony , unless it were instructed . 2ly , The adding of Milns in the Charter , if the Lady had not Right thereto by the Contract , is a Donation by a Husband , and is Revocked by his Disposition of the Lands of Alcambus , and Miln thereof , to the Laird of Wauchtoun , the Defenders Author . The Pursuer answered , that the Charter was but an Explication of the meaning of the Parties , that by the Contract , the intention was to Dispone the Miln , especially , seing the Miln hath no Sucken but these Husband-Lands of Alcambus , which are Disponed without any Rest●iction of the Multure ; so that the Miln would be of little consequence without the Thir●e . The Lords having compared the Contract and Charter , found that by the Contract , the Lady could not have Right to the Miln , 〈◊〉 she would be free of the Multures ; and found that the Charter did not only bear for Implement of the Contract , but also for love and favour , and so found the Adjection of the Miln , to be a donation Revocked ; Nor had they respect to the Designation of the Lands as a Barony , but they found it Relevan● , if the Lady should ●rove that it was a Barony , to carry the Right of the Mi●n , or that in my Lords Infeftments , there was no express men●●●n of the Miln , but that my Lady had them in the same Terms my Lord had them : They found also , that Reply Relevant , that Alcambus was the Name of the whole Lands , to extend the Sea sine to the Lands of Pyp●rlaw and Windilaw , though not named , and that they might be yet Parts and Pertinents of the Tenement , under one Common Name . Andrew Smeatoun contra Tabbert . Feb. 7. 1667. ANdrew Smeatoun being Infeft in an Annulrent out of a Tenement in the Canongate , pursues a Poinding of the Ground , and produces his own Infeftment and his Authors , but not the original Infeftment of the Annualrent . It was alleadged no Process , until the original Infeftment were produced , constituting the Annualrent , especially seing the Pursuit is for all bygones , since the date of the Authors Infeftment ; so that neither the Pursuer , nor his immediat Author hath been in Possession . 2ly . If need beis , it was offered to be proven , that before the Rights produced , the Authors were denuded . It was answered , that the Pursuer hath produced sufficiently , and that his Right was cled with Possession , in the Person of his mediat Author , before the years in question . To the second , this Pursuer hath the benefit of a possessory judgement by his Infeftment , cled with Possession , and is not obliged to Dispute , whether his Author were denuded or not , unless it were in a Reduction . The Lords sustained the Pursuers Title , unless the Defender produced a Right anterior thereto ; in whi●h case they ordained the Parties to be heard thereupon , and so inclined not to exclude the Pursuer , upon the alleadgeance of a poss●ssory judgement ; but that Point came not fully to be debated : It is certain that a possessory judgement is not relevant in favours of a Proprietar , against an Annualrenter , to put him to Reduce , because an Annualrent is debitum fundi ; but whether an Annualrenter possessing seven years , could ex●●ude a Proprietar , until he Reduce , had not been decided , but in this case the Lords inclined to the Negative . Mr. Alexander Foulis and Lord Collingtoun contra Tennents of Innertyle and La. Collingtoun . Feb. 9. 1667. SIr Iames Foulis of Collingtoun , being in treaty of Marriage with Dam Margaret Erskin , Lady Tarbet , She did dispone 36 Chalders of Victual , of her Joynture in the North , to a confident Person , that she might make use thereof , for the benefit of her Children ; and Disponed 36 Chalders of her Liferent of the Lands of Innertyle , to Cuninghame of Woodhal , who transferred the same to Mr. Alexander F●ulis of Ratho , who granted a Back-bond , bearing , That his Name was made use of for the use and behove of Collingtoun and his Lady , and that to this effect , that the profit of the Liferent should be applyed to the Aliment of their Families joyntly ; and therefore obliged himself to Dispone in their favours , and de presenti did Dispone . The next day after this Disposition , there is a Contract of Marriage betwixt Collingtoun and the Lady , wherein there is this Clause , that Col●ingtoun Renunces his jus mariti , to the Lady's Liferent , or any other Right he might have thereto by the subsequent Marriage , and takes his hazard for what he may have any other way . Mr. Alexander pursues the Tennents upon his Disposition . Compearance is made for the Lady , who alleadges he hath no interest● because he is denuded by the Back-bond . Compearance is made for Collingtoun , who declared he concurred with Ratho , and consented he should have the Mails and Duties , to the effect contained in the Back-bond , and that he would not make further use of the Re-disposition contained therein . It was answered for the Lady , that Collingtouns concourse could not sustain this Process , because Ratho was already de presenit , denuded in favours of Collingtoun and her ; Likeas Collingtoun was denuded by his Contract of Marriage whereby he renunces his jus ma●iti , and all other Right he can have to the Liferent La●ds , in favours of the Lady , and so renunces the Clause of the Back-bond , in so far as it is in his favours . It was answered , that the Contract of Marriage could not derogat to the Back-bond , unless the Back-bond had been per expressum , Discharged or Renunced therein , because albeit the Contract of Marriage be a day posterior to the Back-bond , yet both are parts of one Treaty of Marriage , and so in the same condition , as if they were in one Writ , so that a posterior Clause in general Terms , cannot take away a prior special Clause of this moment ; yea though it were in a Contract le●s favourable then a Contract of Marriage , which is ube●●mae fidei , general Clauses are not extended above what is specially exprest , and the jus mariti being exprest , and the Back-bond not exprest , it cannot be presumed , that they changed their minds in one night , to Renunce the benefit of the Back-bond ; but this Conveyance was made of purpose , because Collingtoun being in Debt , if the Right were Constitute in a third Party , and only to their behove as an aliment , the Creditors could not reach the same , but it were the greatest Cheat imaginable , to conceive that the general Clause subsequent , should evacuat the whole design , and take away the provision of the Back-bond : Neither doth the general Clause renunce all Right that Collingtoun had , or might have to the Liferent-lands , any manner of way ; but only all Right he could have by the subsequent Marriage , any manner of way . Ita est , that he doth not claim Right jure mariti , nor by the subsequent Marriage ; but by the Paction contained in the Back-bond ; and it is most certain that the jus Mariti , which is most peculiar to this Nation , doth not comprehend all Rights a Husband hath , in relation to the Person , or Means of his Wife , but only the Right of moveable Goods , or Sums , which without any Paction , whatsoever way they come in her Person , belong ipso facto to him , not by Paction , but by Law ; and that jure mariti , or by vertue of the Marriage : so tha● albeit he could not have Right , even by the Paction , except that he were Husband , or that Marriage had followed , yet his Paction is his Title , and not the Marriage , which is but tacita conditio , or causa sine qua non , so that Discharging , or Renuncing of the jus mariti , or the benefit by the Marriage , if it were posterior to the Contract of Marriage , would not take away the Contract , and being in the Contract , cannot take away the prior ●action , and Disposition granted by the Wife , in favours of a Husband , or a third Party to his behove . It was answered for the Lady , that she adheres to the clear express Terms of the Contract of Marriage , which Renunces not only the jus mariti , but all other Right to the Liferent-lands , by the subsequent Marriage , which being a several Writ , and a Day posterior , most necess●rly take away the Back-bond , without considering the meaning of Parties , quia in claris non est lo●us conjecturis ; at least the meaning can be no otherways cleared but by Writ , or the Ladies Oath ; otherwise the most clear and solemn Contract shall be arbitrary , and may be taken away by presumptions or conjectures , and no man shall be secure of any Right . 2ly , Verba sumendasunt cum effe●●u ; i● this did not take away the Back-bond , it had no effect for the L●dy , before the Contract was denuded , of her whole Liferent , both of Inne●tyle and in the North , so that there was no need to Renunce the jus mariti , or Right by the Marriage to the Liferent-lands . It was further alleadged by the Lady , that albeit the Renunciation could not reach the Back-bond , in so far as it is a Paction , so that it yet stood effectal for application of the Liferent right , for the aliment of the Lady and Collingtouns Family joyntly , yet thereby they both had a Communion and Society equally , and the Husband could pretend no Right in the administration or manadgement , but only jure mariti , in so far as he is Husband , and therefore he acknowledging that he has renunced his jus mariti , cannot pretend to the administration of this aliment , but it must remain intirely to the Lady . The Lords found that the Claus● in the Contract of Marriage , did not derogat to the Back-bond ; and as to the Point of administration , they consid●red it to consist in two things , in uplifting the Rent , and manadging the Liferent-lands , and in the application thereof to the use of the Family , and manadging the Affairs of the Family , As to the first , they found th●● both Parties having entrusted Ratho , the Trust of manadgement of the Rent , could not be taken from him without Collingtouns consent ; and as for the manadgement of the Family it self , they found , that it neither was , nor could be re●un●ed by the Husband , in favours of the Wife , and that any such Paction , though it had been clear and express , taking the Power and Government of the Family from the Husband , and ●●ating it in the Wife , is contra bonos mores● and void , a●d that the jus mariti● as it is properly taken in our Law , for the Husbands interest to the Wifes Moveables , being Renunced , cannot be understood to re●●h to the Renunciation of the Husbands power , to Rule his Wife and Family , and to administrat the aliment thereof . Elizabeth Ramsay contra Ker of Westnisbet . Eodem die . ELizabeth Ramsay having pursued an adjudication of certain-Lands upon the Renunciation of Barbara Nisbet , insists upon that Member of the Summons against the Superiour Iohn Ker , that he should receive and Infeft her ; who alleadged no Process , unless the Pursuer show the Right of the former Vassal , whose Heir had Renunced , for the Pursuer can be in no better case then the appearand Heir , who if she were craving to be Entred , behoved to Instruct her Predecessors Right . The Pursuer answered , that her adjudication against the Defender as Superiour , is in common form , which hath been ever sustained upon good ground , because a Creditor has no Interest to have his Debitors Rights , when he is seeking adjudication , which must be his Title , to demand the Rights , but the Superiour is obliged by Law to reserve the Adjudger , without Instructing any Right further then the adjudication , which hath been frequently so found in the case of Appryzers . The Lords having considered the case and paralel , with that of Appryzers , found this difference , that Superiours got a years Rent for receiving Appryzers , but not of Adjudgers ; yet in respect of the common custom of these Summons , they ●epelled the defence , and Decerned the Superiour , to receive the Pursuer , salvo jure ●ujuslibet & suo . Dam Geibs Moncreiff contra Tennents of Neutoun and William Yeoman Eodem die . DAm Geils Moncrief being Served to a Terce of the Lands of Newtoun pursues the Tennents for a third part of the Duties , who having Deponed that they payed so much for Stock and Teind joyntly for Yeards , Parks , and the whole Lands possest by them . Compeared William Yeoman , as now having Right to the Fee , who alleadged no Terce of the Teinds , because they fell not under Terce . 2ly , No Terce of the yeards , because as the Mannor-place belonged to the Fiar without division , so behoved the closs Gairdens , Orchards , yards , &c. The Lords found the Pursuer to have no Right to the Teind by her Terce , unless there had been an Infeftment of the Teinds by Erection , and therefore laid by the fourth part for the Teind ; and found that the years in question being possest by the Tennents , and there being nothing alleadged nor instructed , that there was a Tower , Fortalice , or Mannor-place , having a Garden , or Orchard for pleasure , rather then profite , they found no necessity to decide , what Interest a Tercer would have in such , but these being set by appearance , as Grass Yeards , they Repelled the alleadgeance . Earl Tullibardine contra Murray of Oc●tertyre . Feb. 12. 1667. IN the Declarator at the Instance of Tullibardine , against Murray of Ochtertyre , Dispute the first of ●ebruary last , It was now further alleadged for Ochertyre , that Clauses Irritant in Wodsets , not being illegal , or null by our Law , albeit the Lords do sometimes Restrict the Effect thereof , ad bonum & aequum , to the just Interest of the Parties , against whom the same is conceived , they do never proceed any fur●her ; But here Ochertyre is content to make up to the Earl his just Interest , by paying a greater price for the Land then Sir Iohn Drummond : and whereas it was alleadged , that this was not receivable now , after the Earl had made bargain with Sir Iohn Drummond , Ochetyre now offered to prove , that before any Bargain was agreed , in Word or Writ , he did make offer to the Earl of fourscore ten thousand merks , which he offered to prove by Witnesses , above all exception , who communed betwixt them , viz. the Lord ●tormount and the Laird of Kylar . It was answered , that the Pursuers adhered to the Lords former Interlocutor , whereby they have restored the Earl against the Clause irritant , he satisfying Ochtertyre his whole Interest , cum omni causae , the same Point being then alleadged and Dispute , a●d both Parties being judicially called , and having declared their minds concerning any such offer , whereby the Earl upon his ho●our , declared that before the agreement with Sir Iohn Drummond : Ochtertyre offered not so much by 4000 merks . 2ly , Any such alleadgence albeit it were competent , it were only probable s●ripto vel juramento ; the Earl now having Disponed to Sir Iohn Drummond , so that the Effect would be , to draw him into double Dispositions , which is of great consequence , both as to his Honour and Interest , especially seing that Ochtertyre did not take an Instrument upon the Offer . It was answered for Ochtertyre , that the former Interlocutor cannot exclude him , especially seing he did only then alleadge , that he made a general offer of as much for the Land as Sir Iohn Drummond would give therefore , but now he offers to prove , that he offered 90000 merks , which is 2000 merks more then Sir John's price . The Lords found that they would only restrict the Clause irritant , to the Effect that the granter of the Wodset might suffer no detriment , which they found to be Effectual , if the Wodsetter offered as great , or a greater sum then the other buyer , before any Bargain agreed between them , either in Word or Writ ; ●ut found it not probable by Witnesses , but by Writ , or the Earls Oath ; and found that a general offer was not sufficient , unless it had Exprest a particu●ar sum . Lord Iustice Clerk contra Rentoun of Lambertoun . Feb. 13. 1667. THe Lord Rentoun , Justice Clerk , putsues Rentoun of Lambertoun , as heir to his Father for Compt and Payment of his Rents , Woods and Planting , intrometted with by Lambertoun , in the beginning of the troubles . It was alleadged for the Defender , absolvitor , because by the Act of Indemnity , the Leidges are secured , as to all things done by any pretended Authority for the time . Ita est , The pursuer being sequestred , the Defenders Father medled by Warrand from the Committee of Estates , and made Compt to them , as appears by his Compt produced● which is ballanced by the Committee . 2ly , The said accompt bears , That Lambertoun made Faith that it was a true accompt , nothing omitted in prejudice of the publick ; after which he could not be questioned , either for any thing in the accompt , or for any thing omitted and not charged . The Pursuer answered , that the Act of Indemnity contains an express exception of all Persons , that medled with any publick Moneys , and had not made Compt therefore , that they should yet be comptable . 2ly , The accompt produced contains two accompts , one in anno 1641 : another in anno 1643. The first is not approven by the Committee , but adjusted by three persons , who were no members of the Committee , and whose Warrand is not Instructed : and the second compt is only approven , wherein the Charge is a Rest in the Tennents hands of the former accompt , and the Oath is only adjected to the second accompt , which cannot Import that Lambertoun ommitted nothing in the first accompt , but only that he ommitted nothing in the second , and his Oath is only to the best of his knowledge , and can import no more , than the Oath of an Executor upon the Inventar , which excludes not the Probation of super Intromission . It was answered for the Defender , that the second accompt being the rest of the first accompt , the approbation of the second must approve both , and the approbation is sufficient Warrand for him to intromet , and the Auditors to compt with him . The Lords Repelled the Defense upon the Act of Indemnity , in respect of the foresaid Exception contained therein ; and likewise found , that the Oath subjoyned to the second accompt , could not exclude the Pursuer from insisting , for the Defenders Fathers intromissions ommitted out of the first accompt , and wherewith he Charged not himself , but found that the Defender was secure by the Act of Indemni●y , so far as he had charged himself with , and compted ; and found that he was not obliged , after so long a time to instruct his Commission , or the Warrand of the Auditors , that fitted his accompts ; but that the approbation was sufficient to astruct the same . Lady Diana Maxwel contra Lord Burley and others . Feb. 15. 1667. LAdy Diana Maxwel , Lady Cranburn and other Executors confirmed to the Countess of Dirletoun ; pursued the Lord Burley , as Representing his Father , for payment of a Bond granted by his Father and others ; to the umquhil Earl of Dirletoun , for the price of a great quantity of Victual , and that upon these Grounds , that the Pursuers are Executors surrogat to the Countess , and have licence to pursue ; which Countess had an assignation from the Earl to his Houshold-stuff , which bore this general Clause , And to his Chattel , and other Moveable-goods and Gear whatsomever ; under which generality , this Bond is Comprehended , being moveable , and for Victual , and so is a Chattel , as the word is understood by the Law of England ; whereby all that is not by Infeftment of Fee , is comprehended by the word Chattels , and belong to the Executors , as Laisses , &c. 2ly , The Countess was nominat universal Legatrix in the Earls Testament , and thereby has Right to this Moveable-bond : 3ly , As Relict she has Right to the half . It was alleadged for the Defender , no Process upon any of these Titles . First , Because the assignation cannot be extended to this Bond ; neither is the word Chattels to be Interpret according to the Law of England , the assignation being made by a Stots-man , and made in Scotland , after the Scottish manner . 2ly , The Pursuers as Executors to the Countess , cannot pursue upon the universal Legacy , the Debitors of the Defunct , but only the Defuncts Executors● because this Bond is yet in bonis primi defuncti , and must be Confirmed . 3ly , The Relict cannot pursue the Debitors for her half , but at least , she must call the Executors . The Lords found both the last Alleadgences Relevant , but as to the first , before answer they ordained the Pursuer to adduce what Evidences they had to instruct the signification of the word Chattels , by the Law of Engl●nd , in respect it was notour to them , that the Lord Dirletoun beìng a Servant of the Kings , lived the most part of his time in England , and in Scotland there is no use of the word Chattels . Isobel Glen contra Iohn Hume . Feb. 19. 1667. ISobel Glen as assigney by Mr. Edward Jameson , having obtained Decreet against the umquhil Earl of Hume , for certain by-run Stipends , and thereupon having arrested in my Lord Whitekirks hands , certain Sums due by him , to the Earl of Hume : She now pursues to make forthcoming . Compearance is made for Iohn Hume ▪ who produces an assignation by the Earl of Hume , to the sums due by Whitekirk , and also produces a Gift of the Earls Liferent-Escheat ; and alleadges , first , No Process at the Arresters Instance , because the Earl of Hume being dead , the Debt must be first Establisht by a Decreet , against one Representing him , who must be called principaliter , before the Person in whose hands the arrestment is made , can be decerned to pay that which was the Defuncts . 2ly , Iohn Hume must be preferred as Donatar , because the arrestment was laid on after the Earl of Humes Rebellion , by which his Goods belonged to the King , and no Sums can be made forth-coming , as belonging to him after the Rebellion , because they belonged to the King. It was answered to the first ; That if the Earl of Hume had not dyed at the Horn , the Pursuer would have either Confirmed as Ex●cutor Creditor , or called the Earls Executors , but that is not necessar , seing the Earl died at the Horn , and could not have one to Represent him in mobilibus ; and that now the Donatar who succeeds , compears . To the 2. the Pursuer as Arrester , ought to be preferred ▪ because albeit the arrestment be after the Rebellion , yet it is before the Gift or Declarator ; and it is for a Debt due by the Earl , before the Rebellion , and so doth exclude the Donatar , for which they produced a Decision marked by Dury , Pilmour contra Gaigie . In which case the Gift was granted by a Lord of a Regality , having the benefit of the Escheat , whereanent the Lord Advocat Represented , that this could not be drawn in consequence , to prejudge the King or his Donatar , because the Lord of Regality being a Subject , debuit invigilare sibi , by declaring the Rebellion without delay , but the King cannot so soon know , nor is he prejudged by the neglect of his Officers . Yet the ●ords u●animouslie preferred the Arrester , the Advocat forbearing to Vote , for they t●●ught the c●se of Creditors for Debts before Rebellion were not to be prejudged , ●●●ng Diligence before Declarator , or if they should Poind , Arrest , Adjudge , &c. Cranstoun contra Wilki●on Feb. 20. 1667. BY Contract of Marriage betwixt Wilkison and his Spouse , he is obliged to Infeft her in a Tenement , exprest therein , and in all the Conquest during the Marriage ; which Infeftments were to be taken to them , the longest liver of them two , in Conjunct-Fee , and their Heirs betwixt them : Which failzing , to the Heirs of the Mars Body : Which failzing , to the Wifes Heirs whatsomever ; after which the Husband purch●sed a piece of Land , but took the Infeftment thereof● to him and his ●ife , and the heirs betwixt them : Which ●ailzing , to his own heirs whatsomever , omitting the wifes heirs . This Cranstoun obtains hi● self Infeft in this Conquest Tenement , as Heir to the Wife , and thereupon obtained Decreet for Mails and Duties . Wi●●ison as Heir to the Husband , pursues Reduction of the Decreet on these grounds : first , That Cranstouns Infeftment , as Heir to the Wife● was null , because the Wife was not Fiar , but Liferenter . 2ly , The Wife having accepted of an Infeftment , posterior to the Contract , without mention of her Heirs , that innovat the Provision of the Contract , and excludes her Heirs . It was answered ; first That the Man and Wife being Conj●nct fiars , the Wife was Fiar● and the Man but Life ●enter , because the last Termination of Heirs whatsomever , Terminat upon her . 2ly , Albeit Cranstoun had taken his Infeftment wrong , Wi●kison cannot quarrel the same , because he , as Heir to Wilkison , was obliged to Infeft him , as Heir to the Wife ; and to the posterior In●eftment , it is contrair to the provision of the Contract of Marriage , and there does appear no accepting thereof by the Wife . 3ly , Cranstoun is not obliged to disput the validity of this Right , because he hath been Infeft qua●●ter qunque , and by vertue of his Infeftment , hath been seven years in Possessi●n , whereby he hath the benefit of a possessory Judgement , ●ay and while his Infeftment be Reduced . The Lords found , that even by the Contract of Marriage , the Husband was Fiar , and not the Wife : But that the Wifes Heirs of line , were Heirs of Provision to the Husband , and that if there had been an heir of the Ma●riage , or an ●●ir of the Mans Body , they could never have been served ●eirs to the Wife : and that by the deficiency thereof , the condition of the Fee cannot change : and therefore they found that Cranstoun was wrong i●feft ; yet they found the alleadgence of his seven years Possession Relevant , to give him the b●n●fit of a possessory judg●ment , without Disputing , whether the Provision of the Contract of Marriage , in favours of the wife , was derogat , by the posterior Infeftment , omitting her heirs . Andrew Litlejohn contra Dutches of Monmouth . Eodem die . ANdrew Litlejohn pursues the Dutches of Monmouth , and her Curators , for payment of a Taylor accompt , taken off by the Dutches for her Marriage Sow ; to the fit whereof , she adjoyns these words , I acknowledge the Accompt above-written , and subscrives the same . It was alleadged by the Curators , that the Countess Subscription , being after her Marriage , can neither oblige her self , nor her Husband , because Wives Obligations are ipso jure , null . It was answered that the Dutches being persona illustris , and the accompt for Furniture to her Body at her Marriage ; her accompt fell not under the Nullity of Ordinary Obligations by Wives , whose Bonds are null , not so much because their Subscriptions prove not the Receipt of the Money , as because , being in potestate viri , they cannot imploy it profitably for their own use , which ceases here , the accompt being for necessar Furnishing , which both obliges the Wife , and her Husband , who is obliged to Entertain his Wife . The Lords Decerned , the Pursuer always making Faith , that it was a just , and true accompt , truely Resting , and owing ; and would not put the Pursuer to instruct the delivery by witnesses , who are at London : considering especially , that the Dutches , being such an illustrious Person , her Subscription could not be questioned upon so small a Matter , as obtained without delivery . Helen Iohnstoun contra Robert Johnstoun . Eodem die . HElen Iohnstoun alleadging that there was a Blank-bond in her Brother Roberts hand , to her use , and that he promised to apply the benefit thereof to her , doth pursue the brother , either to deliver the Bond , or otherwise the sums therein , and offers her to prove by the Debitors Oath , that the Bond was blank in the Creditors Name , when it was Subscribed by him , and by Witnesses above Exception , that it was blank when she delivered it to the Defender ; and craved the Defenders Oath of Calumny concerning the promise . The Defender alleadged , that he was not obliged to give his Oath of Calumny upon one Point of the Lybel , but upon the whole . The Lords found , that he was obliged to give his Oath upon one point of the Lybel ; But they found that VVitnesses were not Receiveable to prove the Bond to have been Blank , to infer Redelivery of the Bond , or Sums ; And found likewise , that s●ing the whole Lybel was only probable by his Oath , he was not oblieged to give his Oath of Calumny , but only his Oath of Verity , seing he might be ensnared by denying upon his Oath of Calumny , which was lubrick , and of d●bious ●nterpretation , what it imported , and so might be prompted to wrong himself in his Oath of verity , least it should clash with his Oath of Calumny . vid. 21. Feb. 1667. inter eosdem . Lord Thesaurer , and Lord Advocat , contra Lord Colvil , Eodem die . THe Lord Thesaurer , and Lord Advocat pursue the Lord Colvil for the single avail of his Marriage , in so far as he was Married when his Predecessor was on Death-bed , and was moribundus , and was Married without proclamation , within seven , or eight dayes before his Predecessors Death , which precipitation of his Marriage did manifestly p●esume that it was of fraud , to seclude the King from the benefite of the Marriage , and so it was in the same case as if he had been Married after his Predecessors death ; and repeated the opinion of Sir Iohn Skeen in his Explicati●ns upon Quoniam Atachiamenta se Maritagio , bearing that it was praxis fori , that if the Vassal g●ve his Heir in Marriage upon Death-bed , it was est●emed a fraud●●ent precipitation , in prejudice of the Superior , and gave the Superior the single avail of the Marriage ; and sets down three Decisions , whereby it was so found . It was answered for the Defender Absolvitor , because there is neither Law , nor Custome gives the Superior the avail of the Vassals Marriage , if he be Married before his Predecessors Death , but Craig , and other Lawyers do define this casualty to be , the avail of the appearand Heir of the Vassals Marriage , Marrying after his Predecessors Death : and as to the ground insinuat of fraud , by precipitation it is no wayes relevant . First , Because , albeit it did appear that the Defunct Vassal had Married his Heir , of design to prevent the Marriage , yet here is no fraud , but a warrantable Providence , which is not dolus malus sed do●us bonus ; for fraud is never understood , but when it is contra jus delatum , and not of the preveening of jus deferendum , for thereby only the Right , and Interest of another is taken away : as for example , any Heretor may dam , or divert the water upon his ground , as he pleases , and cannot be hindred , upon pretence that his Neighbour might thereafter make use of that water for a Miln to be built , and yet if the Miln were built , he could not thereafter alter the course of the water ; so here the Superior having no present Right , but in spe , the Vassal endeavouring to prevent the casualty , commits neither fraud , nor fault ; otherwise upon pretence of fraud , a Marriage might be claimed , when the Predecessors resign in favours of his appearand Heir , or suffers his Land to be Appryzed , in name , or to the behove of the appearand Heir , which yet was never challenged , neither hath a Marriage been obtained , or demanded upon this ground by the space of these threescore years . 2ly , Albeit prevention could be fraud , yet here is nothing alledged to infer fraud , which is never presumed , unless it be evidently proven , and when any other Cause is possible , the Effect is never attribute to a fraudulent Cause : But here there is a most probable Cause . viz. That the Defunct desired to see his Successor Married to his satisfaction , it being very ordinar that the ruine of Families arises either through the not Marrying , or Marrying unfitly of the Heir . And as for the presumptions of fraud ; here they are neither evident , nor pregnant : As to the Decisions , no respect to them ; first , Because they are three●core years in desuetude ; 2ly , There is here nothing but the very instancing of the Practiques , without deducing the Case dispute , and Reason of Decision , neither can Sk●ens conclusion take place , in all the largeness he sets it down , or else there shall need no more to infer a Marriage , but that the Vassal was in lecto egritudinis , albeit he had so continued of a Lent Disease , above a year , nothing should Capacitat him to Marry his Heir , although he used all the Solemnities of Treaty , Contract , and Proclamation : so that the Law de lecto ●gritudinis , which is only introduced in favours of Heirs , that their Predecessors shall not prejudge them , shall now be made use of against the Heir , that his Predecessor can do nothing to his benefite , on Death-bed . The Pursuer answered , that the feudal Contract being of its own Nature Gratuitous and most favourable on the Part of the Superior , that which he hath for his Fee , being ordinarly the Service of the Vassal , and the profit of the Fee when the Vassal is unserviceable , through Minority ( reserving the Vassals own Aliment ) and the profit of the Vassals Tocher ; the Vassal ought not to defraud , or prejudge him therein . And albeit custom hath introduced an exception , that the Tocher is not due to the Superior , which was gotten during the Predecessors Life , it being ordinarly consumed , and applyed to the Predecessors use ; yet that by precipitation the appearand Heir should enjoy the same , and not the Superior , is against the Gratitude , Amity , and Obliegement of the Vassal : neither is there any Parity in the Case of a Resignation , to which the Superior consents , or in the Case of an Appryzing , wherein the Superior must Receive , by the force of Law ; nor can the forbearance of sixty years infer a contrary Custome , because this is a Case rarely contingent , and oft times not known to the Kings Officers ; and though it were , their negligence prejudges not the King , by an express Act of Parliament ; neither is that a Custome which People use to do , but Customes here are only such as are Judicial , by the Kings Ministers of Justice , whereanent Skeen expresly saith , that this is praxis , forensis ; and albeit the Decisions Adduced by him be not at large , yet the circumstances of fraud here , are so pregnant , that they cannot be thought to have been more pregnant in any other Case , where there was no Proclamation , and where the Defunct was not only in lecto , but was moribundus , Physicians having so declared , the common Reputation being , that he would not Live , and D●ing de facto , within a few dayes after , and there being no singularity in the Match , nor any pressing necessity of the Marriage , for any other Effect . The Lords found the Lybel , and Reply relevant ; viz. That the Marriage was done , when the Predecessors Father was moribundus , and done wîthout Proclamation , and that he Died within eight dayes after , there being nothing alleadged to take off the Presumption of fraud upon these Circumstances . Robert Miln contra Clarkson , February 21. 1667. RObert Miln as Donatar to a Liferent Escheat , having obtained a general Declarator , insists now in a special Declarator for Mails and Duties . It is alleadged for Clarkson , that the Pursuer has no right to the Mails and Duties , because he stands Infeft before the Rebellion . It was answered , any Infefetment Clarkson has , is but a base Infeftment , never clede with Possession till the Rebellion , and year and day was run , and so is null , as to the Superiour , or his Donatar . It was answered , that the base Infeftment is valide in it self , and albeit by the Act of Parliament , 1540. A Posterior publick Infeftment , for Causes Onerous be preferable , yet that cannot be extended to the Right of a Liferent Escheat , or to a Donatar . It was answered , that by the course of Rebellion , year and day the Superiors Infeftment Revives , as to the Property , during the Rebels Liferent , and cannot but be in as good condition as any Posterior publick Infeftment ; and it was so decided , March 19. 1633. Lady Rentoun contra Blackader . The Lords found that the base Infeftment , though Prior to the Denunciation , not having attained Possession within year and day , could not exclude the Liferent Escheat . Helen Iohnstoun contra Robert Iohnstoun , Eodem die . IN the Cause betwixt Helen Iohnstoun and Robert Iohnstoun her Brother , It was further alleadged for her , that the Pursuit , being a matter of breach of Trust , and Fraud , betwixt Parties so nigh as Brother and Sister ; the same ought to be Probable by Witnesses above exception , and ought not to be referred to the Defenders Oath ; because it s offered to be proven that he did Depone before the Justices of Peace in Fife , that he had never had the Bond in question , and yet in this Process it is Judicially acknowledged in the Dispute that he hath the Bond , and that he received it blank from the Pursuers Husband ; and it s now offered to be proven by his own Brother , and other Witnesses , above exception , that the Pursuer delivered the Bond to him blank after her Husbands death , which being a matter of Fact , and Probable by Witnesses , necessarly infers that the Bond was not redelivered to her Umquhil Husband . The Lords before answer ordained the Witnesses ex officio to be examined , upon the Pursuers delivery of the Bond after her Husbands Death . Earl of Errol contra Hay of Crimunmogat . February 23. 1667. THe Earl of Errol Pursues a Declarator of Redemption , against Hay of Crimunmogot : It was alledged Absolvitor , because the Defender stands Infeft upon a Charter granted by Barcklay , with the consent of the Earl of Errol , proomni suo jure , long after the reversion , granted be Barcklay , whereupon this Redemption proceeds . It was answered for the Pursuer . 1. That the Earl only consents , and the Charter bears that the Sums were payed to Barcklay , whose Right produced is a Wodset , granted by the Earl of Errol , and Hay of Vrie , bearing an Expresse Reversion to any lawful Eldest Son of Hay of Vrie , which failzieing to the Earl of Errol . Ita est that the time the Earl Subscrived this Charter , Hay of Vrie was alive , and had Sons , at least in spe ; so that the Earl of Errol had not thereby the Right of the Reversion , and therefore his consent , without any Sums received , or any absolute Warrandice , cannot extend to any superveening Right , which he then had not actually , but in spe et in apparentia . 2ly , The Earls consent to Barcklayes Disposition , who had only the Right of Wodset , not bearing irredeemable , or absque reversione , cannot take away the expresse Reversion of Barcklayes Right : for albeit an Heritable Right be presumed Irredeemable , presumptio cedit veritati , and it cannot take away a Reversion where it is . The Lords found that the Reversion granted in Barcklayes Right was not taken away by this Posterior Right , and Charter ; but that the Earls consent imported only his Favour , and Goodwil to transmit the Right to the Defender ; in respect of the alledgeances aforesaid . Laird of May contra John Rosse . Eodem Die. UMquhil Dumbaith having Disponed several Lands to his Oy , Iohn Rosse Brother to Kilraick , the Laird of May , Dumbaiths Heir-male pursues Improbation and Reduction of the Disposition : and insisted upon this ground that the Disposition was false in the Date ; and that the Defunct was ali●it the time it appeares to have been subscrived , and therefore is false in all . It was answered that there was only an Error in the Date , in respect , the same Right having been conceived formerly in formerly in favours of another , Dumbaith gave order to draw it over in favours of the Defender verbatim , and the Writer ignorantly Wrote over the Date as it was in that first Disposition , which can no ways annul the Writ , especially seeing it was offered to be proven by the Witnesses insert that the Writ was truly subscribed by Dumbaith , and them as Witnesses , when he was in his Liege-poustie , against which no alledgeance of alibi by other Witnesses not insert can be respected . This having been Dispute in the English time ▪ the Witnesses were Examined before answer , by three of the Judges , and now the Cause was Advised . The Lords found the Defense relevant to elide the Improbation , that the Writ was truly subscribed before the Defunct was on death-bed , and found the samen proven by the Witnesses adduc'd , and thereafter assoilzied . Laird of Rentoun Iustice Clerk , contra Lady Lamberton , Eodem Die. THe Lord Rentoun insisted in the Cause against Lambertoun mentioned the 13. February 1667. He now insists on this member , offering to prove that Umquhil Lambertoun by his Commission or Bond was oblidged to the Estates for exact diligence ; and the Pursuer being now Restored , he is lyable to Count to him in the same manner as to the Estates , not only for his Intromission , but for his Negligence , whereby he suffered other Persons publickly , and avowedly to cut the Pursuers Woods of a great value , and did no ways stop nor hinder the same , nor call them to an Account . 2ly , He himself Intrometred with the said Wood , at least others by his Warrand ; which Warrand must be presumed in so far as he having a Commission , and oblidged for diligence , did not only suffer the Wood openly to be cutted , but applyed a part thereof to his own use , and was oftimes present when it was in cutting by others● The Defender answered , First , That he could never be lyable to the Pursuer for his Omission , because his only Tittle was his Right of Property , whereby the Defender was lyable to Restore to him what he had Intrometted with , and not Counted for , but for his oblidgement to do Diligence , it was only personal granted to the Estates ; and albeit they Restored the Pursuer to the Estate , they never Assigned him to that Obligation . 2ly , The Defender is secured by the Act of Indemnity , except in so far as he Intrometted , and did not duely Count , as was found by the former Interloquitor in this Cause : and as to the second member , It was answered that the Defender being only Countable for his Fathers Intromission not Counted for , albeit he had given warrand to others , except he had received satisfaction from them , it is not his own Intromission . 2ly , Warrand or Command , is only Probable by Writ or Oath , and no way by Presumption , upon such Circumstances , which Presumptions are also taken off by others more pregnant , viz. That these Woods were cutted by Persones in Power and Interest in the Countrey , who had no Relation or Interest in the Defenders Father , whom he was not able to stop or hinder , and most part thereof was Clandestinly cut and stolen away by meaner Persons . It was answered for the Pursuer , that he being Restored , Succeeds in place of the Estates , and as what is done by a negotiorum gestor without Warrand , is profitable for these for whom he negotiats , so must this be which was done by the Estates . As to the Act of Indemnity , the meaning thereof can be no more then that Parties who Acted shall be in no worse case then they would have been with that Party whom they followed , As to the second member , the Pursuer answered , that what was done by others , by the Defenders Fathers Commission must be his Intromission , seing it is all one to do by himself , or by another ; and seing it cannot be called Omission , it must be Intromission . 2ly , Though Command or Warrand is ordinarly Probable by Writ , or Oath . Yet there are casus excepti , as whatsoever is done for any Party in his presence , is by all Lawyers said to be ex mandato & inde oritur actio mandati , & non negotiorum gestorum , so that the presence , or tollerance of a person not only having Power , but being oblidged for Diligence , must much more infer his Power or Warrand : And albeit he was not alwayes present , yet the Deeds being publick , and near the place of his abode , it is equivalent : The Lords inclined not to sustain the first member , both in respect of the Act of Indemnity which bears in it self to be most amply extended , and in respect that the Pursuer had no Right to the Personal Obligation , or Diligence : but as to the second member , the Lords were more clear as to what was done in the Defenders Fathers presence , but in respect it was more amply proponed . The Lords , before answer , ordained Witnesses to be Examined by the Pursuer , whether or not the Woods were publickly cutted , and whether or not Lambertoun was at any time there present , and apply'd any thereof to his own use ; and Witnesses also for the Defender to be Examined , wheth●r a part was cut Clandestinly , and other parts by persons having no relation to Lambertoun , and to whom he used any Interruption . Eodem die . THis day there being a Query formerly given by the Lord Thesaurer , whether or not there should be a Processe of Forfaulture intented against these who rose in the late Rebellion , before the Justice General , so that the Justice might proceed against them , though absent , by putting the Dittay to the Tryal of an Assyze , and taking Witnesses thereupon ; and upon Probation to proceed to the Sentence of Forfaulture , or whether Probation in absence could not be admitted but before the Parliament . There were Reasons given with the Query for the affirmative , viz. That there was a special Statute for Forfaulture of Persons after their death , in which case they were absent , multo magis when they were living and contumacious . 2ly , Because by the Civil Law , albeit Probation , especially in Criminals , cannot proceed unlesse the Defender be present . Yet the chief Criminal Doctors , except the case of lese majesty , as Clarus Farenatius and Bartolus . 3ly , That the Parliament proceeds to the Forfaulture in absence , not by their Legislative Authority , but as a Judicature , and what is just by them , it is just also by the Justice . The Lords demured long to give their Answer upon thir Const ●erations , that by Act of Parliament it is Statuted that Probation shall be only led in presence of the Party , and that there had never been such a Practice for the Justices to Forefault Absents , but only to declare them Fugitives ; whereupon , being denunced , their Escheat fell , and after their Liferent , and that it was not proper to the Lords , especially in cases Criminal , to give advice in that which might predetermine the Justice General , and the Justice Clerk , and Advocat who had been desired to peruse the Books of Adjournal , and they reported that they had not found a Forfaulture by the Justices in absence , but that they had found that a Party accused for Treason in holding out a house against the King , was declared Fugitive , but they did not find that it was proponed to the Justices to put an Absent to an Inquest for Treason , and that it was repelled . The matter being resumed , this day , the plurality resolved for the affirmative , especially considering that of old Parliaments were frequent in Scotland , and now are but rare ; and that the Lords of Council and Session , were the Kings Council to give his Majesty their advice in general Cases , what might Legally be done , whether Civilly or Criminally Andrew Ker , contra Children of Wolmet . Eodem Die. UMquhil Wolmet having set a Tack of his Coal to his Children for their Provision , and Named Andrew Ker of Moristoun and Tarsonce , Overseers ; the said Andrew Intrometted with the Coal for some years , the Children pursued him before the late Judges for Payment of the Profit of the Coal . In which pursuit he did alledge that he could not Count , nor Pay to the Children the whole Profit of the Coal , but so much thereof as was free over and above the Back-tack Duty , due both out of Land and Coal , by vertue of the Wodset granted to Iames Loch , who stood thereupon publickly Infeft , and to which Wodset Mr. Mark Ker his own Son had Right , to whom he had payed the Back-tack Duty , and obtained his Discharge ; this being found relevant by the Judges , he produced Holograph Discharges granted by his Son ; the Judges found that these Holograph Discharges did not prove Payment made debito tempore , and therefore decerned without allowance of the Back-tack Duty : Andrew Ker pursues a Reduction of this Decreet as unjust , in so far as the Back-tack Duty was not allowed , as not payed debito tempore , whereas the Back-tack being a real Burden upon the whole Profits jure hypothecae ; all Intrometters with the Profits were lyable to the Wodsetter ; and so Andrew Ker as Intrometter was lyable to the Wodsetter , and was not obliged to imploy that part of the Profit for Anualrent to the Children , although he were obliged to imploy their own means , and so might lawfully have payed the Wodsetter , or keeped it in his own hand for his own relief , and the Wodsetters Discharge at any time was sufficient to free the Children . It was answered that there was no iniquity committed , because Andrew Ker could only be lyable for the Back-tack Duty as Tutor and Overseer to the Children , and even in that case he ought not to have payed without a distresse , otherwise he prejudged the Children of their relief against the Heir , who is obliged to relieve them of the Back-tack Duty , and when ever he were distrest , he would not he obliged to pay any Anualrent to the Wodsetter for the Back-tack Duties which was the Wodsetters own Annualrent , so that till the time of the distresse the whole Annualrent should have been put out to the use of the Children upon Annualrent , so that the Back-tack Duties can only be allowed from this time , but not yearly as they were due , otherwise the Bairns lose the benefit of the Anualrent the mean time , but there being no distresse Andrew Ker could never be lyable to the Wodsetter . It was answered for the Pursuer , that the Wodsetter being his own Son , there was no reason to put him to any Action , especially seing the Defenders cannot alledge that in any such Action they had a competent Defense , or that the Heir has any Defense whereupon to exclude their relief : Neither is there any reason that the Children should have Anualrent for the Back-tack Duty till it was payed , because it was not theirs , nor might he safely put it out of his hands , albeit the Wodsetter had been a stranger , and albeit he be now functus officio as Overseer , the Title that made him lyable to the Wodsetter , was as Intrometter which is a perpetual obligation , the Wodsetter , as all Masters of the ground , having jus hypothecae upon the Profit ; for payment of Tack Duty for which all Intrometters are lyable . The Lords reduced that part of the Iudges Decreet , and found that Moristoun as Intrometter was lyable to the Wodsetter , and might retain so much of the Profits in his hands as would pay the Back-tack Duty , and was not obliged to give out for the Children upon Annualrent : But if de facto he had given it out in his own name for Annualrent found that the Children should have the benefite thereof . Lady Milntoun contra Laird of Milntoun . Feb. 25. 1667. THe Lady Milntoun having obtained Divorce against Iohn Maxwel younger of Calderwood her Husband , before the Commissars of Edinburgh , Sir John Whitefoord of Milntoun , who had gotten a Disposition of her Liferent-right from her Husband , pursues Reduction of the Decreet of Divorce , on these Reasons that the Decreet was in absence , and that he compeared befor the Commissars , and craved to be admitted for his entrest , and was refused , and if he had been admitted he would have objected against Paterson and Clerk the only two proving Witnesses , that they were not habile Witnesses , being neither men of Fame nor Estate , and Paterson by common Reputation of very evil Fame , and that they were not purged of partial counsel , but suborned by the Lady , and had both received money to bear Testimony , and promise of more , and were prompted by the Pursuer how to Depone . 2ly , As they were not habile , so neither did they prove the Commission of Adultery . The Lords caused produce the Processe , and Testimonies before the Commissars , and finding that the Witnesses were not purged of partial counsel , they ordained them to be re-examined upon such Interrogators as were not contrair to their former Depositions , whereupon they were twice re-examined . Paterson in his first examination before the Commissars , Depones that he knew John Maxwel and his Lady , and that he saw John Maxwel in naked Bed with Margaret Davidson lying above her , and that he upbraided Iohn Maxwel for it , who answered he carried not alwise his Wife about with him . Clerk Deponed that in another Moneth , at Edinburgh he saw John Maxwel in naked Bed with Margaret Davidson , and that the said Iohn was very displeas'd at his coming in to the Room . The Goodman of that House being another Witnesse , deponed that John Maxwel and another Man , and two Women lay altogether at one time in one Bed in his House , and that he saw John Maxwel very familiar with one of the Women , Embracing and Kissing her , and keeping her upon his knee , whereupon he put them out of his House . Another Witnesse Deponed , that seeing Margaret Davidson with Child , she acknowledged to him that it was to John Maxwel , and that it was commonly reported that she called the Child Maxwel after John Maxwel . Paterson and Clerk being re-examined by the Lords , did purge themselves of partial counsel , but at the close of their Deposition , Paterson acknowledged that the Lady threw down a Dollar and a half upon the Table , which he took up before his first Testimony ; and in his second Re-examination acknowledgeth that she offered him five hundreth Merks , and to be a Bairn of the House . And both acknowledged that she gave them Tokens , to make appear they knew Margaret Davidson by her Countenance and Cloaths , but both adhere to the truth of the former Deposition , and being asked how they knew that Woman was Margaret Davidson Deponed that they knew her not , nor saw her ever before nor after , but that John Maxwels Servant , called Dougal Campbel being in the utter Room told them several times that that Womans name was Margaret Davidson . The Lords having considered the Depositions first and last , ordained the Parties to Debate , whether Corruption or Subornation of the Witnesses being acknowledged by themselves in their Re-examination did invalidat their Testimony , and whether their Testimonies not ag●eeing as in the same individual Act , but as to divers Facts , and divers Times , and Places , were sufficient to prove . IT was alledged for the Lady , that whoever adduced Witnesses was obliged to entertain them , and also denied that ever she gave Money , or promise ; and that it could not be instructed by the Re-examination of the Witnesses , whose Post●rior Testimony could never invalidat the first , or else there were an open door for prevarication and bribing of Witnesses to alter their Testimonies , but the opinion of all Lawyers is , that a Witnesse may correct himself before his Testimony be perfected , and subscrived , not after . But the only way was to protest for Reprobators and by other Witnesses to prove the Corruption of the witnesses , in which Case it behoved to be Proven , that there was an undertaking , or at least endeavour , that they should bear witnesse to that which they knew not to be true . As to the second point , it was alledged , that albeit the common rule be that in matters Criminal , the witnesses must be Contestes , both being witnesses at once to the same indevidual Act , yet it had these limitations . 1. That though this hold in Criminals specifico , yet not in crimine generico , which may be perpetrat by reiterable Acts when the pursute is not Capital , but either for Tortour , Canonical Purgations , or to any Civil Effect , as in Adultery it is crimen genericum , by reiterable Acts , and therefore being pursued civiliter to separat the Marriage , or to restore the Joynture , it might be proven by two witnesses , though not concurring in the same individual time and place , and therefore singular , albeit not single witnesses . And the Lawyers do generally give the instance in Adultery , which is a secret and transient Fact. And if such proof were not sufficient it would be impossible to prove it ; but if Adultery were pursued Criminally in these Cases where it is Capital , Probation were required more exact , and agreeing in time and place . Or if the Case were in Murder , which is not reiterable , witnesses not agreeing in time and place could not prove , but in Adultery , haeresie simonie , and such reiterable Crimes , witnesses to divers Facts being in the same Crime are sufficient ; for which Clarus , Farnatius and Covaruvias were cited . It was answered , to the first point that Subornation of Corruption of witnesses is inferred by attempts , or endeavours to prompt the witnesses to Depone that they know not , albeit they did it not , nor yet undertook it ; and that taking of any Money , not only inhabilitats the Witnesses , but makes the Takers and Givers falseers , is the opinion of all Lawyers , neither may the Witnesses take the Expences of their Travel and Attendance , till it be Decerned by a Judge ; and as to the matter of Corruption the Witnesses own Oath is sufficient , even by Re-examination , because the Adducer can never quarrel the Oath of the Witnesses adduced by himself , by which he carries the Cause , but much more where the Witnesses acknowledge , that at the first Examination they were not Interrogate if they were free of partial Counsel , and if that be omitted , or not understood be them , they may be Interrogat specially thereupon again , as was done in this Case . To the second point , albeit more Witnesses being singular , but not agreeing to the same Fact , or some times one VVitness may be receiveable to infer Tortour , or that the several VVitnesses agree not as to all the same points , and circumstances , as if the VVitnesses look through a rift or hole , albeit they cannot see all at the same instant , yet all of them see the same individual Fact , or if one VVitness Depone in the case of Murder , that he saw the Party accused with a bended Pistol , or drawn Sword go in to a Room , but going out saw no further , and another hear the Shot and the Stroaks , and saw the accused coming out alone , or with a bloody Sword , and a third saw the slain lying Dead in a Room , and no more then these , although they agree not as to the same points and minuts of Time , yet all agree in one Fact , but the VVitnesses not agreeing to one Fact , are all single VVitnesses , and are not Contestes , and so cannot be Confronted , Confirm'd , or Redargued each by other , which is the great ground of Faithfulness , and Trust of Testimonies ; but if one person alone can bear VVitness where he knowes none can gainsay him , it would prompt him to Perjury , or Mischief , and here the two VVitnesses are only ex auditu , seing neither of them knew Margaret Davidson but only by the Report of Dougal , so that both did not positively know that the Person with whom they found Iohn Maxwel was not his Lady , seing Clerk neither knew the Lady nor Margaret Davidson . It was answered for the Lady , that whatever may infer Subornation or Corruption , it cannot be proven by the Testimonies , to derogate their former Depositions , unless it were proven by others upon Reprobators , and as to the other point in facto reiterabili , to a Civil effect , VVitnesses though not agreeing in the same Fact , yet agreeing in divers Facts of the same Crime were sufficient . The Lords found that Subornation or Corruption of the Witnesses could be instructed by their own Posterior Testimony , and found the Adultery sufficiently proven by the Testimony of the Witnesses , and Assoilzied from the Reduction , and found the Letters orderly proceeded , used against Milntoun for Removing . But Milntoun gave in a new Bill , offering him to prove by other Witnesses , the Subornation and Corruption of the Witnesses in the Divorce , being in effect a Reason of Reprobator , which is very competent in his Reduction , and yet the Lords refused the same in hoc statu Processus , not being Libelled or Insisted in before , but superceeded Execution in the Removing , & as to the House and Mains Possest be Milntoun till Martimass , that in the mean time he might Insist in his Reprobators , as he would be Served . Countesse of Carnwath contra Earl of Carnwath , February 22. 1667. THe Countess of Carnwath Insists in her Action of Poinding the ground . It was alleadged for the Defender , that the Countess Seasing was null , not being Registrate conform to the Act of Parliament ; It was answered , that nullity cannot be proponed , either be the Granter of the Infeftment , or any Representing him , or by any person who is obliged to acknowledge the Infeftments ; but the Earl is such a Person , that albeit he Brooks by a Disposition from his Father , yet his Infeftment containes this Express Provision , that his Father at any time during his Life may Dispone the Lands , or any Part thereof , and grant Infeftments , Tacks , or Annualrents thereof ; so that this being unquestionably an Infeftment , he cannot quarrel the same upon the not Registration , but if his Father had granted an Obliegment to Infeft , the Defender could not have opposed the same , much more the Infeftment being Expede . It was answered , that the Provision did not contain an Obligation upon the Defender to Dispone , Ratifie , or do any Deed , but left only a Power to his Father to Burden the Lands , which can only be understood , being done legitimo modo , and therefore the Infeftment wanting the solemnity of Registration is in the same Case , as if there were no Infeftment , and so is null . The Lords Repelled the Defense , and found the Seasine valide , as to the Defender , in respect of the foresaid Provision in his Infeftment . Earl of Southesk contra Lady Earls-hall , Eodem die . THe Earl of Southesk being Infeft in certain Lands upon the Water of Eden , and the Salmond Fishing , peruse Declarator that Earls-hall hath no Right thereto . The Pursuer produces an Infeftment , in Anno 1558. in which after the Land is Disponed , there followes a Clause , una cum Salmonum in piscationibus in aquâ de Eden , with a novo damus ; it was alleadged for the Defender , that he hath the ●like Declarator against the Pursuer , which he repeats by way of Defense , and produces an infeftment of the same year of God , bearing in the dispositive Clause , una cum Privilegio piscandi in aqua de Eden solito & consuet , and alleadges that by vertue thereof , he hath good Right to Fish in the Water , and that he had been in Immemorial Possession by vertue thereof . It was answered , First , That this Clause cannot carry Salmond Fishing , which is inter Regalia , and must be specially Disponed . 2ly . The Defenders Right , though in the same year of God , is yet some Moneths Posterior to the Pursuers , and as to the Defenders Immemorial Possession , it cannot consist nor give Prescription , without a sufficient Title by Infeftment , and it hath been frequently Interrupted by the Pursuer . It was answered by the Defender , that he and the Pursuer , and the Laird of Reiris having three Thirds of one Barony , all lying Rin-ridge , the Kings granting the Pursuer his Third cum Salmonum piscationibus , added to the Lands as a Pendicle thereof , it cannot be understood exclusive , of the other two Third Parts of the same Barony ; likeas Reiris hath the same Clause in his Infeftment : and albeit Earls-halls Clause be not so express , yet it not being the common Clause in the Tenendas cum piscationibus , but in the Dispositive Clause of this special Tenor , it must needs comprehend Salmond Fishing , or otherwise it would have no Effect , verba autem interpretanda sunt cum effectu , and albeit the Clause were dubious , yet it hath been in long possession , Immemorial , which sufficiently Instructs the Accustomed Fishing to have been before the same . 2ly , As to the Anteriority of the Pursuers Infeftment , the Defenders offers to prove that his Predecessor was Infeft before him , with this Clause that is in his own Infeftment produced . 3ly , Albeit the Defenders Right were Posterior , yet it is sufficient to give him a Joint Right to the Salmond Fishing , with the Pursuer , because he offers him to prove that he hath fourty years peaceably Possest the Salmond Fishing as the Pursuer hath , when ever they were in the River . The Lords found that the Clause in the Defenders Infeftment , albeit it had been prior to the Pursuers , could not give Right to the Salmond Fishing in prejudice of the Pursuers expresse Infeftment of Salmond Fishing , unlesse the Defenders Infeftment had been clede with Immemorial , and fourty years peaceable Possession , which being so alleadged by the Defender , the Pursuer offered to prove Interruption , and therefore a Term was granted to either Party to prove . Mr. Iohn Elies contra Wishart and Keith , Eodem die . MAster Iohn Elies having Inhibit Elizabeth Keith his Debitor , she did thereafter acquire a VVodset of certain Lands within the Shire , where the Inhibition was published , and thereafter upon payment of part of the Sums , the VVodset Right was Renunced pro tanto , and the rest being Consigned , there is now a Process of Declarator of Redemption , wherein Mr. Iohn Elies Compears , and produces a Declarator at his Instance for declaring the Sums of the VVodset to belong to him , and alleadges no Declarator of Redemption till the whole Sums contained in the VVodset Consigned be given up to him , without respect of the payment or Renunciation of a part , because it being done after his Inhibition , it was null , and so is craved to be declared by his Declarator ; It was answered ; First , That Inhibitions can reach no further then to the Lands the Person Inhibit had the time of the Inhibition , but not unto Lands he should happen to acquire after the Inhibition , because the Inhibition bearing , that the person Inhibit should not Sell or Alienat to the prejudice of the User of the Inhibition , albeit she should Sell what thereafter he acquired , the User of the Inhibition were in no other case , then when the same was published , the Land being both gotten and gone thereafter ; and if that were the effect of Inhibitions , every provident person would Publish and Registrat them in all the shires of the Kingdom , because they can only reach Lands lying in the shire where they are Registrated , which was never done , neither was it ever Decided , that Inhibitions reached Lands acquired thereafter . 2ly , Inhibitions can never hinder persons , having Right of Reversion , to pay the Sums , and the Wodsetter to Renunce , because Inhibitions only Restrain , Debar , and Inhibit to Sell , &c. But doth not hinder him to pay his Debt ; or upon payment of the Wodset Sums , to Discharge the Sums , and Renunce the Lands , these being Deeds necessar , to which he might be compelled , and if this hold , no man might saflie pay an Heretable Band , having Infeftment of Annualrent , without searching the Registes , which the most cautious man never did , and for this alleadged the expresse Opinion of Craig , that Inhibitions hinder not Discharges of Heretable Sums , or Renunciations of VVodsets . It was answered , that Inhibitions are personal Prohibitions , Restraining the Person Inhibit , and the Leiges to Alienat , Buy , or Sell any Lands in prejudice of the User of the Inhibition , and until he be satisfied of the Ground thereof . Which Prohibition respecteth the Person Inhibit directly , and the Lands ; but indirectly as they belong to him , so that there is no difference whether they belonged to him before or after ; for hoc ipso that they are his , they fall under the restraint : and the alienation thereof , is to the prejudice of the User of the Inhibition , because if they were not Sold , they might Appryze the same , so that , albeit he be not in worse case then he was the time of the Inhibition , yet he is in worse case then he would be , if the Land had not been sold : And albeit upon uncertainty men will not Registrat Inhibitions through all the Kingdom , that infers not but they might , and that they would be effectual to Lands thereafter acquired in these shires , neither is there any ground to except the Renuncing of Wodsets , which are Alienations of the Wodset Lands , but the Redeemer , before he declare , or deliver the Money , and take Renunciation , he ought to search the Registers , and to call these persons who have used Inhibitions for their Interests . The Lords found that Inhibitions reached to Lands acquired after the Inhibition , but were not clear that Inhibition hindred Renunciations of Wodsets , but superceeded to give answer to that Point till the first of June . Laird of Dury contra Anna Gibson , Feb. 28. 1667. UMquhil Sir Alexander Gibson of Dury having given Bond to his three Daughters , for twenty thousand Merks of portion a Piece , and in case of Decease of any of them , her Portion to belong to his Heir-male ; but upon the Margent there is added , that the Portion of the Deceasing should accresce to the Survivers . This Dury , Brother and Heir-male , pursues Reduction , and Improbation of this Bond , in so far as concerns the Marginal addition , upon these grounds , that the samine was not Subscribed before the Witnesses insert in the Bond , nor insert at that time : And that it is written by another Hand , then his that wrote the body of the Bond. And that it is contrair to the substitution of the body of the Bond. And that albeit the writer of the body be insert in the Bond , and that the Bond bears , that the Date and Witnesses are insert by Dury himself , yet it does not bear that he insert the Marginal addition , which is of greater importance . It was answered , that Bonds being Subscribed before Witness●s their Testimony reaches not only to the Subscription on the foot , but to the Subscription of joyning the Sheets , and whole Marginal additions , which are as valide as any part of the body , unless it were positively proven by the Witnesses that they remember that there was no addition on the Margent when they Subscribed ; and albeit the Marginal addition be of another Hand , it is offered to be proven that it is the Hand-writing of Dury himself , who insert the Date and Witnesses , which is more Solemn then any other writer , especially seing the writer was not present , or witness , but only drew the draught of the Bond ; and albeit he mentions not the inserting of the Marginal addition , but only the inserting of Date and VVitnesses that has been , because of the ordinar Stile of Bonds , whereof the Date and VVitnesses are filled in by another Hand , not being ordinar for these to write Marginal additions ; and as for the importance , or contrariety of the Margent to the Body , that is most ordinar , especially where the body is but a draught drawen by another Hand , who has erred in his intention in the Substitution ; it was answered for the Pursuer , that albeit the Marginal addition should be proven to be Holograph , yet unless it were proven to have been truely written , and subscribed at the Date of the Bond. It cannot prove that it is of the same Date , or of any Date before the Defunct was on Death-bed , and so it is null , and cannot prejudge the Pursuer as Heir , especially seing the Defunct having then no Sons , might probably adject this in favours of his Daughters , contrair his former Intention , which if it should take effect , would ruine the Heir-male . The Lords having taken the Deposition of the Witnesses insert , and both Deponing that they did not remember whether the Marginal addition was upon the Bond when it was Subscribed or no , and that it did appear by inspection , that the Marginal addition was by another Hand then that that wrote the body , and that it was not mentioned at the conclusion , where the Defunct exprest , that he himself was Filler up of the Date and Witnesses , and nothing was adduced to astruct that it was of a true Date before his taking Bed. Vpon all these considerations joyntly , the Lords found that the Marginal addition was not of the Date of the Bond , and that having no Date of it self , it was not instructed to have been done before the Defunct was on Death-bed , and so was null as to the Heir : but the Lords did not find that these alleadgeances severally could have derogat to the Marginal addition , but only that all joyntly was sufficient , the matter being also accorded amongst the Parties . Antrobus contra William Anderson Provost of Glasgow , Iune , 13. 1667. WIlliam Antrobus having Caption against Iohn Herbertson in Glasgow , the Messenger having therewith taken Herbertson in his own House , and having required William Anderson present Provost to Concur and put him in Prison , and he refusing , pursues now the Provost for payment of the Debt . The Defender alleadged , first , that the Lybel was not relevant , because it did not subsume that the Rebel was showen to the Defender ; 2ly , The Defender was required at an unlawful time , being betwixt eleven and twelve at night ; 3ly , The Defender offered the concourse of the Town Officers ; 4ly , The Army being come to Glasgow that night , the Provost was taken up at the time he was required , with the ordering of their Quarters , which being a publick Service of greater Importance : he offering of the Officers was sufficient ; 5ly , This subsidiary Action being but for the Pursuers damnage , he can pretend none , because the Rebel was Bankrupt , and insolvent long before , and he was Incarcerat within some few dayes , where he remained a long time , during which , the Pursuer might have Arrested him ; and the Defender yet offers to put him in Prison in as good case as he then was . The Pursuer answered that his Lybel was most Relevant , because the Letters being directed to Provost and Bailies of Burghs ; and if they be required , albeit the Rebel be not in their sight , they must go with the User thereof , to any place within their Jurisdiction , which they must do in their own persons , and it will not be sufficient to send their Officers , and as to the time of requiring , any time that men do use to go about their Affairs is sufficient , and the Defender was required between seven and eight at night , and albeit it had been later , that the Defender might be excusable not to come out of his own House to search , yet here he was in the same house with the Rebel , and in the next Room to him , and heard the noise of these that deforced the Messenger , which was done by the Towns Officers ; neither can any pretence of Ordering of Quarters , stop the Execution of the Kings Letters , which might have been done with so little diversion , and the Quarters might have been Ordered by the Baillies . The Lords found the Libel Relevant , but found the Defenses joyntly also Relevant , viz. The Ordering of the Quarters of the Army , the Ordering of the Officers , and the offer now to put the Rebel in Prison , in as good case , and the time of night . Harner contra Haitly , Eodem die . HArner pursues Haitly as representing her Husband , for proving the Tenor of her Contract of Marriage , who alleadged no Process because there was no Adminicle produced in write , which was most necessar in any Case , but especially in this Case , where the Tenor of the Contract was extraordinar , Constituting the one half of the Fee of the Husbands Estate to the Wifes Heirs , failzing the Heirs of the Marriage . The Pursuer answered , that albeit Adminicles in Writ were ordinarly required , especially in Writs that use to be taken away by Redelivery , or Cancelling ; as Bonds , &c. Yet the intent of Adminicles , is to render it probable that such a Writ was , and thereby to give ground to admit Witnesses to prove , rei gestae veritatem : But here there was as strong grounds of probability , there being a Marriage of a Landed Man , and the Copy of the Contract taken of the Writer thereof , Iohn Nicol , his Style Book , he and his Servants being Witnesses , who are yet alive , and the Tenor offered to be proven by them ; whereas other Tenors use to be proven by Witnesses that saw the Writ though they were not the Witnesses insert . Likeas the Husband having taken the Right of an Infeftment , for a sum , payable to him and his Wife , and the Heirs betwixt them ; which failzing , to his Heirs , he took a Ratification thereof , from the Pursuer which could have no intent , if in case of failzie of Heirs of the Marriage , the half had not been appointed to return to her Heirs . Likeas , it is offered to be proven by Witnesses , that the Husband acknowledged that he had the Contract in custody from his Wife . The Defender answered , that our Law had rejected Probation by Witnesses , in matters of Importance , and therefore Tenors are only Sustained , when their Probation is partly by Writ , and partly by Witnesses , neither is any other probability sufficient : and it is offered to be proven , that the Husband Infeft his Wife in his Houses , of a considerable value , without any mention of a Contract of Marriage . The Lords refused to sustain the Libel without Adminicles in Writ , and assoilz●ed , albeit it was also offered to be proven , that the Husbands whole means came by the Wife . Patrick Wat contra William Halyburton . Iune 14. 1667. PAtrick Wat as Assigney by Adam Wat his Father , to a Disposition granted by umquhil Halyburton to him , pursues William Halyburton , as Representing him , to fulfil that part of the Disposition , obliging him to procure the Pursuers Father Infeft ; and for that effect , that the Defender should Infeft himself , and grant Procuratory of Resignation , for Infefting the pursuer . It was alleadged for the Defender , that he was not obliged to Infeft the Pursuer , because it was his Fathers fault he was not Infeft , seing he had received Procuratory of Resignation , and Precept of Seasine , with which he might have Infeft himself ; and though the Granter , and he the Receiver , lived for twelve or fifteen years thereafter , he was negligent . 2ly , Though the Defender were obliged to Enter , and Denude himself ; yet it must be the Pursuer finding Caution to warrand and relieve him of the hazard of the Ward and Marriage , because the Lands in question being Ward through the Pursuers Authors fault , the Defenders Marriage will fall . 3ly , The Defenders Fathers Name was only borrowed by Hallyburton of Egles-cairn , who acquired the Rights blank ; and filled up the Defenders Fathers Name therein , and moved him to Dispone . The Lords Repelled these Defenses , but Reserved to the Defender to pursue Damnage and interest , for any hazard occurred by Adam Wats fault , as being more proper against his Heir , than against the Pursuer his second Son. Mr. Heugh Gray contra Forbes Minister of Innerkeithing , and Tennents of Nether-Horseburgh . Iune 15. 1667. THe Tennents of Nether-horseburgh having Suspended these two Ministers upon double Poynding , they alleadged they had made payment , bona fide , of their Rents conform to their Tacks . It was answered , that they were called to Mr. Heugh Grays Decreet in anno 1656. and Charged thereupon thereafter the same year , which did put them in mala fide . It was answered , that there having nothing followed upon the Charge , but the Charger being silent for fifteen years , the Tennents favore rusticitatis , cannot be thought to continue in mala fide all that time , to infer double payment , else it might continue for fourty years . It was answered once in mala fide , ay in mala fide , and that thir Tennents did still remember and suspect the Pursuers Right appears because they took Discharges , bearing warrandice of the same . The Lords ordained the Defenders to produce their Discharges , that the warrandice might appear , being loth to decern the Tennents in double payment , if the Charge could have access to the other Minister , or his Representatives . It was alleadged for the present Incumbent of Innerkeithing , that in a former double Poynding , raised by the Tennents , he was preferred to the Cropt 1665. and in time coming . It was answered , that the said Decreet was in absence of Mr. Heugh Gray ; and that it was null without Probation , for there was nothing produced for the Minister of Innerkeithing , but his Presentation and Collation , which were but meerly general , and nothing produced to Instruct , that their Teinds were of his Paroch , or within his Benefice . It was answered , that he was secured by the Act of Parliament anent Decreets of double Poynding . The Lords found that what the Minister of Innerkeithing , had uplifted , by vertue of that preference , the Act of Parliament would secure him thereanent , but found he had no Right as to the future . Iohnstoun contra Cuninghame . Iune 19. 1667. JAmes Iohnstoun as Assigney by William Iohnstoun , to a Bond granted by Iames Cuninghame , Charges him thereon : he Suspends upon this Reason , that the Bond bears the sum borrowed from William Iohnstoun and his Spouse , and payable to them , the longest liver of them two , and their Heirs , there being no Children betwixt them , the one half must belong to the Heirs of the Wife , to whom the Suspender is Curator , and which he ought to retain for their use : and albeit in such Clauses in Rights of Land , or Heretage , potior est conditio masculi : yet it is not so in Rights Moveable , and this Bond is moveable , being after the Act of Parliament 1641. which was so found in a Practique produced , observed by Dury , where the Wife by her Contract of Marriage , Disponing her Goods and Debts to her Husband , her self ; and their Heirs , the same was found to divide betwixt the Husbands and the Wifes Heirs . It was answered , that here the Bond bore Annualrent , and so was Heretable , quod fiscum & relictam and there being nothing to evidence that the sum was the Wifes own Means , the same is presumed to be the Husbands : and the taking of a Bond of this Tenor , if it did import to give her the half , is a Donation by a Husband to his Wife Revockable , and now Revocked . The Lords found that the Wifes Heirs had no interest in the Sum. Iohn Watson contra Feuers of Dunkennan Iune 21. 1667. JOhn Watson being Superiour of a number of Tenements and Roads about the Town of Kirkaldie , pursues a Declarator against the Vailals , to hear and see it found and declared , that he might Rive and Plough the Muire of Dunkennan , leaving as much of the Muire as would be sufficient , and convenient for the use of the Vassals● their Roads and Tenements , for Fail and Devot , Clay and Stone , to the use foresaid . It was alleadged for the Feuars , that they had raised a Declarator of the Right of their Servitude , through the bounds of the Muire , which they repeated by way of Defense , and alleadged that wherever a Servitude was Constitute it affected the praedium serviens wholly , and every part thereof , capable of the Servitude , and could not be restricted without the consent of the Parties , having Right of the Servitude , as if any person had Right of Pasturage , albeit limited to so many Goods , or to the Goods of such Land , which is the praedium dominans , beyond which it could not be reached ; a Declarator of this Nature would never be sustained , to astrict him to a portion of the Muire , that would be sufficient for the Goods of that Town , or of that number ; or if he were Infeft with the liberty of Feuel , though there were two M●●sses , that could not be exhausted within the bounds he could not be restricted to the one , so here the Vassals being Infeft with the priviledge of Fail ; in this Muire , they may take it out of any place of the Muire they please , and can be restricted to no particular place . It was answered that this Servitude being limited to the use of the Roads , and Houses , could not be thought to be so Constitute , as to make useless the whole Property of the Muire , the Pasturage whereof is worth nothing , and the only use is , Lyming and Labouring , that it was hurtful to the common utility , and improvement of Land , so to extend such a Servitude , and that if there were a Servitude of a way through the Constituents Ground , it would not import a Liberty to make as many ways as could be made through the Ground : or to change the way at the Dominants pleasure . It was answered , that the nature of the Servitude of a way or passage , is ordinarly limited by Bounds , and is always understood to be one way , as is most convenient for the Dominant , which having chosen , he cannot thereafter change ; but it is not so in the Servitudes of Feuel , Fail , or Devot ; neither can the consideration of publick Utility , or that the Defenders have no detriment warrand , the Lords to take from him his Right , or to limit it without his Consent , which were only proper for a Parliament , having not only the Judicative , but also the Legislative Authority , and the Rights and Securities of Parties , should not be lyable to conjecture , or arbitriment upon the supposition of conveniency , but should be fully enjoyed according to Law. The Lords found that this Servitude might be astricted to a part of the Muire , which might be beyond all question sufficient for the use , and with this quality , in case it failzied , they might return to that which was Laboured , which behoved to be l●ft lye , as far as would be sufficient . Hay of Strowy contra Feuers . Iune 22. 1667. HAy of Strowy being Infeft in the Miln of Strowy , and having lately built a Walk-miln , and made a new Dam-head therefore , over that Burn , which is the March betwixt him and the Feuers , thereupon the Feuers demolished the Miln and the Dam. He now pursues the Feuers to hear and see it found and declared , that he has Right to enjoy the Walk-miln and Dam , and that they did wrong at their own ha●d , to demolish the same . It was alleadged for the Feuers , and the Laird or Ketr , their Superiour , Absolvitor , because the building of this Miln , being novum ●pus , they might lawfully stop the same , and might demolish the Dam , the end thereof being fixed upon their Ground , without their consent . The Pursuer answered ; First Albeit the Defenders might have impeded while the work was doing , yet they● could not after the Walk-miln was a going Miln , demolish the Miln , or Dam thereof , via facti , albeit they might have used civil Interruption , and stopped it , via jur● , because its a known and common custom , that a going Miln cannot be stopt summarly , being an Instrument of Service for common good . 2ly , The Defenders could have no detriment by putting over the Dam , because it was a Precipice at their side , to which the Dam was jo●●n●d , so that they had no detriment , either as to the Inundation of their Ground , or Watering . The Defenders answered , that cui libet licet uti re●uâ ad libitum and they were not obliged to Dispute , whether they had Damnage or not , but might cast down the Dam built on their Ground , unlesse their consent had been obtained ; and that there is no Law nor Decision for such a priviledge of Milns , neither was it ever extended to Walk-milns . The Lords found the Defenders might hinder the Building of a Dam● upon their Ground , without necessity , to alleadge detriment ; but they found if the Walk-miln was a going Miln fourty eight hours● that the Defenders could not brevi manu , without the Authority of a Iudge demolish the Dam or Miln . Mr. David Deuar contra Paterson . Iune 26. 1667. MR. David Deuar pursues a Transferrence of a Compt and Reckoning which formerly was depending betwixt him and umquhil Henry Paterson , and craves it may be Transferred against Henry the Heir , and proceed where it left . It was alleadged for the Defender , absolvitor , because the Citation was given before year and day , after the Defuncts death , contrary to the Defenders priviledge of his annus delibera●di , by which he hath inducias legales , and cannot be forced to own or repudiat the Heretage . The Pursuer answered ; First , That annus deliberandi is only competent , where the appearand Heir is Charged to enter Heir , and so must either Enter or Renunce● and so has no place in Reductions , or Actions Declaratory , or real Actions , which may proceed against the appearand Heir , without a Charge . The Defender answered , that albeit the annus deliberandi , be most ordinary in such Cases , yet it is not limited thereto , but must take place also in all Cases , where the reason of the Law holds , viz. where the Defender must be either absent , and suffer Sentence ; or if he compear , must found himself upon the Defuncts Right , and so behave himself as Heir , as in this case , the Defender cannot alleadge Articles of Deduction or Discharge , but upon the Defuncts Right ; for finding out of which Right , the Law giveth him a year to inquire , and use Exhibitions , ad deliberandum ne incidat in damnosam haereditatem ; and therefore during that year , he cannot be prest contestare litem . The Lords sustained the Defense . It was further alleadged by the Pursuer , that now the annus deliberandi was past . It was Duplyed for the Defender , that albeit it was now past , the Citation was used within the year , so that that Citation cannot be sustained . The Lords refused to sustain the Citation , and found no Process till a new Citation ; but here the day of compearance filled in the S●mmons , was also within the year , which if it had been after the year , us like the Summons would have been sustained , especially , seing the Decision of this case extending the year of Deliberation , to Declaratorie Actions in Custom had not occurred , nor been decided . Minister of Dalrymple contra Earl of Cassils . Iune 27. 1667. THe Minister of Dalrymple having Charged the Earl of Cassils for his Stipend , he Suspends on this Reason , that he offered payment of the Bolls in the Ministers Decreet , conform to Linlithgow Measure , which was the common Measure of Scotland , by the Act of Parliament , and is by Act of Parliament , the measure of Ministers Stipends . It was answered , that the Ministers Decreet of Locality , was indefinit , and mentioned no measure , the meaning thereof was sufficiently cleared , because it was offered to be proven by the Earls Oath , that he payed ever since the Decreet of Locality , being 15 years , conform to the measure of Air , and that he knew it was the common Custom of that Countrey , to pay all Ministers with that measure . The Suspender answered , that his use of payment , either by mistake ; or benevolence of more then what he was due , could not oblige him to the future , especially where the Minister did not found upon his decennalis & triennalis possessio ; but upon a Decreet of Locality , wherein , though the measure be indefinit , it cannot be understood to be any other measure , then the common measure of Scotland , seeing the Act of Parliament anent Ministers Provisions , bears expresly , that they shall have eight Chalders of Victual , Linlithgow measure . The Lords having considered the Decreet of Locality , and that it did not extend to eight Chalders of Victual , but to three Chalders of Victual , and 400 pounds , which is the rate of four Chalders of Victual , at 100 pounds the Chalder , as is ordinarly Rated by the Commission in that place of the Countrey , they found the use of payment and common Custom of the Countrey , sufficient to declare it to be the measure of Air , seing by that measure , it would not come up to eight Chalders of Victual . Mr. Iames Dowglas contra William Leisk , Iune 28. 1667. MR. Iames Dowglas , as Donatar to the Liferent Escheat of William Leisk , pursues a special Declarator , against the Tennents , for Mails and Duties . It was alleadged for William Leisk , that the Lands in question were Appryzed from William Leisk the Rebel , and the Superiour granter of this Gift , Charged to Infeft the Appryzer long before the Rebellion ; to which appryzing William Leisk has Right , during his Life , so that the Charge being equivalent to an Infeftment as to the time , and to the anteriority of the Infeftment , and by drawing it back to the Charge , doth prefer the Appryzer from the time of the Charge : It was alleadged for the Donatar , that albeit a Charge against the Superiour , be equivalent to an Infeftment in some cases : Yet in other things it is not equivalent , as it is not a Right sufficient for the Appryzer to Remove Tennents ; and therefore the Vassal is not denuded thereby , otherwise the Superiour could have no Casuality after such a Charge , because the Appryzer not being Infeft , his Liferent could not fall . It was answered for the Defender , that albeit this consequence should follow , it is the Superiours own fault , that did not receive the Appryzer . It was answered , non constat , it was his fault , for he might have just reason to Suspend ; and albeit it were his fault , the Law hath not determined this to be his Penalty , to lose his Casualities . The Lords Repelled the Defense , and found the charge on the Appryzing did not denude the former Vassal , but his Liferent fell , and affected the Ground . Sir Alexander Hume contra Creditors of Kello . Eodem die . SIr Alexander Hume being Donator to the Forefaulture of Iohn Hume of Kello , did obtain a Warrand for Retouring the said Iohn five years in Possession of certain Lands , before the Forefaulture , but the Inquest served Negative● and now he pursues a Reduction of the Retour , on this Reason , that it is contrary the Testimonies of the Witnesses adduced . It was alleadged no Process , because the Reduction of Retours is only competent by a Summons of Error , in Latin , under the quarter Seal . It was answered , that is only in the Case where the Assizers are insisted against for their Error , and the constant Custome of the Lords has been to sustain a Summons of Reduction before themselves of this method . The Lords sustained the Defense , and refused Process , albeit it was known to them , that the Custom has been contrary of a long time before . Sir Iohn St. clair contra Iohn Cowper . Iuly 2. 1667. UMquhil Mr. Iohn Rae having two sisters , and Heirs portioners , the one married to Robert St clair , and the other to umquhil Alexander Cowper , the said Alexander and his Spouse , as Heir portioner , assigns to Robert St. clair , a number of her Brothers Bands : And likewise , as Heir , assigns him to the Maills and Duties of a Tenement of Mr. Iohn's for such Terms , and in time coming . Sir Iohn St. clair , having appryzed Robert St. clairs Right , pursues Iohn Cowper as Representing his Father , to hear it declared , that this perpetual assignation to the Mails and Duties , did import an absolute Disposition of the Lands , and did carry in consequence an obligment , and all things to make the Disposition effectual , and so to renew it into a legal Form , containing a Procuratory and Precept . The Defender alleadged absolvitor , because his Father had granted no Disposition , but only an Assignation , and so the Defender could be obliged to do no further . The Pursuer answered , that this assignation behoved to be understood , cum effectu , and to be done to denude the Granter , and to settle the Right of the Duties in the Purchaser , and therefore , whosoever gives the Right gives all necessaries in his power to accomplish it , and the Informality of a Clerk , ought not to Evacuat the Pursuers Right . The Lords sustained the Process , and found this Right to import a perpetual Disposition . George Allan contra Fairie . Eodem die . GEorge Allan pursues Reduction of a Disposition , granted by him to Fairie , upon the Reason of Circumvention , in so far as the Disposition , though it was conceived absolute ; Yet it was expresly Communed , that it should contain a Reversion , and was Read as containing a Reversion at the Subscribing thereof , which was offered to be proven by the Wryter and VVitnesses insert . The Defender answered , that the Reason was only probable Scripto vel juramento , and so solemn a Writ , could not be taken away by Witnesses . The Pursuer answered , that the Writer and Witnesses insert , were most competent to prove a Point in facto , viz. the fraudulent Reading of that which was not contained ; and there is here also produced an antecedent Adminicle in Writ , to grant a Right Redeemable . The Lords before answer , ordained the Writer and Witnesses insert , to be examined anent the Terms of the Treaty , and whether the Disposition was Read at the Subscrybing , as an absolute or redeemable Disposition . William Litster contra Aitoun and Sleich● Eodem die . WIlliam Litster having Arrested his Debitors Rent on the fifth of Aprile 1665 he thereupon obtained Decreet for making forthcoming in Iuly 1666. which being Suspended ; conpearance is made for Sleich , who had Right to several Appryzings of the Lands , which were deduced befo●e the Terms of payment of the Rent , and craved preference to the Arrester● because his Arrestment was before the Term , and the time of the Arrestment , there was nothing due , and also before the Term the Debitor was denuded by an Appryzing , whereupon Infeftment followed , in Decemb. thereafter , and must be drawn back , ad suam ●ausam , to the Appryzing . The Arrester answered , that his Arrestment was valid , being laid on c●rrente termino , for the next ensuing Term , at least as hath been oft times decided by the Lords , and is now their constant practice : And as for the Appryzing before Infeftment , albeit it will carry the Mails and Duties , yet it is an incompleat Right , and hath only the effect of a Judicial Assignation or Disposition , so that the Competition being betwixt an Assigney , viz. an Appryzer and the Arrester , the Arrestment being prior , is preferable to any Assignation : Neither can the Infeftment on the Appryzing , after the Term , give any Right to the Rent , prior to the Infeftment , but the Right thereto is by the Appryzing , which is but an naked Assignation . The Lords preferred the Arrester . Lord Blantyre contra Wakinshaw . Eodem die . THe Lord Blantire pursues a Reduction of a Bond , as being granted in his Minority . It was alleadged for Wakinshaw , assigney to the Bond , absolvitor , because there was no Process intented against him intra annos utiles , till the Pursuer was past twenty five years . It was answered , that the Defenders Cedent was Cited , to whom the Bond was granted , and this Defenders Right will fall in consequence , and there was no necessity to Cite him in the same way , that the Service of an heir may be reduced , without Calling of his Creditors , or these that are Infeft by him . The Defender answered that his Assignation was Intimat before the Citation against his Cedent , which cannot be miskenned by the Pursuer , to whom the Intimation was made , after which the Cedent had no Right , and any Citation against him was of no moment , neither is the Case alike to the Reduction of a Retour , wherein the Reducer doth neither know nor is obliged to know the Creditors Rights . The Lords found that the Assigney , after the Intimation , behoved to be Cited intra annos utiles ; but they sustained Improvation against the Citation , made against the Assigney by way of Defense . In this case it was not urged , whether the Intimation was personal to the Pursuer , or only at his dwelling House ? Or whether it was Recent before the Citation ; for if it were not Personal , or Recent , it were hard to oblige the Pursuer to remember so transcient an Act , as an Intimation . It was furder alleadged by the Defender , that there was no Lesion ; because he offered him to prove , that the sum was delivered to the Minors Curators , at least to the Minor and his Curators joyntly , who being persons abundantly solvendo , and very provident , the Minor could have no Lesion , seing they were comptable . It was answered non Relevat , unless it were alleadged positive , that the sum were utiliser impensum , for the Minors profit ; for the Minor has his option , either to pursue the Curators , as intrometting , or to Reduce hi● Obligation , and the Curators not being in this Process , no Probation of the delivery of Money to them will bind them , but there were necessity , that they were both Cited , and it instructed by Writ . The Lords Repelled this Defense , but severals inclined not to sustain Processe , till the Cura●ors were first Discust : And whether the Minor was laesed or not . Mr. Roger Hogg , and other Creditors of Wauchtoun contra Countess of Hume . Iuly 3. 1667. IN an Incident pursued by the Creditors of Wauchtoun , against the Countess of Hume . It was alleadged for the Countess , that the Incident as to several of the Creditors , could not be sustained ; and likewise could not be sustained against several of the Havers ; because as to these , the Incident was without Warrand , their Names not being contained in the Bill at the Signet . It was answered , the Bill contained several Names and a blank for others , which is a sufficient Warrand for the Raisers of the Incident , to insert whom they please . It was answered , that Incidents being odious , strict form should be observed , in relation to them , so that a new Pursuer cannot be supplyed by the blank , who did not supplicat by the Bill , and alleadged a Decision the last Session , where it was so found in an Incident , at the Instance of the Feuers of Coldinghame against the Lord Justice Clerk. The Lords sustained not the Incident as to any of the Pursuers thereof , whose Names were not in the Bill , but sustained the same against any of the Havers , albeit their Names was not contained in the Bill , it being ordinar to get Summons upon Bills , upon such persons named , and others wherein the persons Names insert , are alwayes sustained ; but it is not so in the Pursuers : and yet this would hardly been sustained in another Case then an Incident , which is unfavourable : Cumming of Alter contra Lumsden . Iuly 4. 1667. CVmming of Alter having set a Salmond Fishing to Alexander Lumsden , for payment of 60 pounds Scots of Tack-duty ; he pursues Matthew Lumsden , as intrometter with the Fish , taken for the Tack duty , as having an Hypotheck upon the Profits for the Rent . It was alleadged for the Defender , Absolvitor , because he intrometted with these Fish , as Donatar to Alexander Lumsden's Escheat , at least having now the Right of the Escheat , he was not lyable for that priviledge , preferring Masters of the Ground , for the Rent cannot take place against the King and his Donatar , who is more priviledged . The Lords Repelled the Defense , and found the Donatar lyable for the Rent , in so far as ilk years intromission would extend to the Rent of that year . George Schine contra Iames Christie . Eodem die . GEorge Schine having Adjudged an Annualrent , and having Charged Iames Christie his Superiour , to receive him ; He Suspends and alleadges he had Appryzed the same Lands before , and that his Author was only Infeft base , never cled with Possession . The Lords Repelled the Defense , hoc loco , and ordained him to Infeft , Reserving his own Right as accords . Schaw contra Tennents . Eodem die . SChaw pursues certain Tennents for their Duties , who produced several Discharges , against which it was alleadged , that the Discharges were null , wanting Witnesses , and were not Written with the Dischargers own hand , and so were null by the Act of Parliament . It was answered , that Custome had introduced several exceptions from that Act , as Bills of Exchange , of the greatest importance , which are valid , being Subscribed without Witnesses , albeit not holograph : And in like manner the Discharges granted to Tennents , which by long Custom , through all the Kingdom , use only to be subscribed by the Landlords , without Witnesses , and writen with another hand . The Lords sustained the Discharges , and would not put the Tennents to prove , that they were truely subscribed , unless they were offered to be improven ; in which case , though the indirect manner was wanting , they might be improven , by comparison of Subscriptions , and other Adminicles , wherein less would serve , then in other Improbations . Sir Henry Hume and other the Creditors of Kello contra Sir. Alexander Hume . Iuly 6. 1667. SIr Henry Hume and others , being both Creditors to Alexander Hume of Kello : And Iohn Hume his Son Appryzed the Lands of Kello in anno 1649. And in anno 1653. Charged the Superior in anno 1661. Iohn Hume is Forefault upon the Treasonable Crimes committed in anno 1651. Sir Alexander Hume is Donatar to the Foresaulture ; the case of Alexander Humes Right before the Appryzing was , that by Contract of Marriage , Alexander Hume had Disponed several Husband Lands to Iohn , reserving his own Liferent of certain Husband Lands . The Father continued to possesse the Lands Reserved ; and the Son of the rest . The Question is now concerning the Lands Reserved , whereanent the Competition is betwixt the Creditors Appryzers and the Donatar . It was alleadged for the Donatar , that he ought to be preferred ; because any Right the Creditors had , is but an Appryzing , and a Charge without Infeftment ; which Charge , albeit it be equivalent to an Infeftment , in the Competition betwixt Con-compryzers : yet it is no way equivalent , as to the King ; for after the Charge , all Casualities of the Superiority , would fall to the Superior , and so must the Casuality of Forefaulture , fall to the King. 2ly , Though the Appryzers had been Infeft , when they Charged their Infeftment , would have been long after the committing of the Crime ; and there was nothing before the Crime , but the naked Appryzing , which was no real Right ; so that the Forefaulture , devolving the Fee to the King , with the burden only of such real Rights , as the Superiour had consented to before the Cryme , which cannot extend to this Appryzing , which is no real Right , or to the Charge and Infeftment thereon ; because after the Crime . 3ly , Albeit the Infeftment of the Son , who was Forefault , was base , holden of the Father ; yet it coming in the Person of the King , or his Donatar , can no more be a base Right , but becomes publick , so soon as it is devolved to the King , which was at the committing of the Crime , before the Appryzers Infeftment , or Charge . It was answered for the Creditors , that they ought to be preferred upon their legal Diligence , for satisfaction of the lawful Debt , contracted before the Crime ; because they had Appryzed before the Crime , and had Charged the Superiour before the Sentence of Forefaulture : Which Charge is equivalent to an Infeftment , and the King succeeding in the place of the Forefault Person uti●ur jure privato ; and albeit no● voluntar Deed , after the Committing of the Crime , would be effectual against the King , or his Donatar : Yet an Appryzing before the Crime , and a Charge before the Sentence , or Process of Forefaulture , is sufficient in favours of the Creditors ; especially seing the Superiority being unquestionably in their Father , they might Charge him when they pleased , and having Charged him , they become in his place , and cannot Charge themselves as Superiours of the Forefault Person . The Lords preferred the Appryzers in respect of their Appryzing before the Crime , and the Charge after , before the Forefaulture . It was further alleadged for the Appryzers , that the forefault Persons Right being only base , never cled with Possession , their Appryzing against the Father , who was not forefault , was preferable . It was answered for the Donatar , that the Forefault Persons Right was cled with Possession , in so far as the Forefault Person possest a great part of the Lands Disponed ▪ lying all together , and of the rest , the Fathers liferent being reserved the Fathers Possession was the Sons Possession . It was answered , that Possession of a part , cannot be sufficient for the whole , where there is an express Reservation , hindering the Natural Possession of the rest ; and where the rest are actually possest by another Party , neither can the Fathers Possession be the Sons ; because it is ordinarly found , that Dispositions by a Father to his eldest Son , and Infeftments thereon , reserving the Fathers Liferent , are not thereby cled with Possession . And albeit in Reservations in favours of Wives , the Husbands Possession be the Wifes Possession ; yet that is a special priviledge , favore matrimonij & dotis , and is not competent to any other . It was answered for the Donatar , that a Reservation in favours of a Father , in any gratuitous , and clandestine Infeftment granted to the Son , does not validate the same : yet the Infeftment being for a Cause onerous , viz. a Marriage , which is a solemn and publick Act , the Infeftment following thereupon , is void of all suspition of Simulation ; and as an Infeftment to a Stranger , reserving the Disponers Liferent ; would be valid by the Disponers Possession : So must a Sons upon a Contract of Marriage ; otherwise great prejudice will follow , Sons being frequently Infeft in their Fathers whole Estate , reserving their Liferent of a part , and ordinarly , but basely Infeft , to secure the Property , being more desirous to Enter themselves as Heirs to their Fathers , after their death , if no posterior prejudicial deeds be done , which is more honourable for the Family , all the Infeftments would be overthrown , being upon Debts contracted after the Infeftment . The Lords being of different Iudgements in this Point , were loath to decide them , because the Case was decided by the former Vote . Stevin contra Iohn Boid . Iuly 9. 1667. IN a Tutor Compt at the Instance of Stevin , against Iohn Boid , these Queries were Reported by the Auditor , and determined by the Lords : 1. How soon a Tutor was obliged for Annualrent of the Defuncts Bonds , that bare no Annualrent . The Lords found that the Tutor behoved to have a competent time to uplift and Re-imploy these Sums , for which they allowed him a year , and that he was lyable for Annualrent after that year . 2ly , How soon a Tutor was obliged to do Diligence to uplift his Pupils Means , so that if the Debitor became Irresponsable , the Tutor was lyable . The Lords found that if the Pupils Sums were in the hands of Debitors , unquestionably Solvendo , the Tutor was not obliged to lift the same , unlesse the condition of some of the Debitors , or Cautioners , became worse , at which time he was obliged to do all Diligence for uplifting the sums , unlesse the Debitors became to be known , to be altogether broken upon a sudden , which he could not foresee . 3ly , VVhat Diligence a Tutor was obliged to do , whether Horning was sufficient , or if Caption● Poynding and Appryzing , were necessary . The Lords found that in different Cases , different Executions were requisite , viz. If the Debitor were known to have Lands appryzable , or Goods poyndable , or Sums arrestable , that the Tutor was obliged to do Diligence accordingly , and if not to use personal Execution . 4ly , Whether the Tutor should have allowance of such Sums as he payed without Sentence . The Lords found such sums allowable , unless a competent Defense could now be proponed , which was known and probable to the Tutor , at the time of payment . Iohn Watson contra Iames Law. Iuly 12. 1667. JAmes Law having Disponed certain Lands to Iohn Watson , with absolute warrandice , and after the Disposition , there being a Designation of a part of the Land for Horse , and Kines Grasse , to the Minister , conform to the Act of Parliament 1661. Watson pursues for Warrandice upon that distresse . The Defender alleadged absolvitor , because the distresse is by a subsequent Law , falling after the Disposition . It was answered : first , That absolute Warrandice does even take place in the case of a subsequent Law , at least in so far as the Pursuer suffers detriment ; because if the Lands had continued , the Defenders had been so burdened ; and therefore is lyable in quantum lucratus est . 2ldy , This is no supervenient Law , because the Act of Parliament 1661 Is a Reviving of the Parliament 1649. which being Rescinded in the said Parliament 1661. By a posterior Act thereof , concerning Manses and Gleibs , is declared to be valid , as if it had been made in the year 1649. It was answered to the first , that nothing can infer Eviction , or Recourse , but that which had a Cause anterior to the Warrandice , unlesse it had been otherwise exprest : Nor is it any ground , that if the Disponer remained Heretor , he had been lyable , otherwise all other supervenient Burdens would Return , not only upon the Immediat , but upon all the Disponers ; but all such accidental Superveniencies , are upon the Purchasers hazard , as well as the Advantages are to his benefit . To the second , the time of this Disposition , the Parliament 1649 was Rescinded , and the new Act was not Enacted ; Neither by the new Act , is it declared to be effectual from the year 1649. As to the Horse and Kines Grasse , but only as to the Manse . It was answered , that was but a mistake of the Draught of the Act of Parliament , there being no Reason wherefore it should be drawn back as to Manses , more then to the rest ; but it was the meaning of the Act of Parliament , to Revive the former Act in all points . It was answered that the meaning of Acts of Parliament , may not be extended contrair to the words , neither can any thing be supplyed that is omitted in a Statutory Act. The Lords found no Recourse upon the Distress arysing from the Act of Parliament 1661. and that the drawing back thereof being expresly , as to Manses , which is adjected as a limitation , could not be extended to the Ministers Grass , which is statute in a different way in this , then in the Act of Parliament 1649. From this the Heretors are only to pay twenty pounds of Money : and in the former , Lands were only to be designed ; therefore found , the Distress that being by a supervenient Law , that the Warrandice did not reach thereto . Margaret Scot contra Sir Laurence Scot. Iuly 14. 1667. SIr William Scot of Clerkingtoun , having granted Assignation to his Daughter Margaret Scot , of a Sum due by Wauchtoun : Pursues Sir Laurence his Son , as Haver , to deliver the same . It was alleadged for the Defender , that there was a Clause in the Assignation , reserving a power to Sir William , to alter and Dispone , during his Life , and that he did Assign this Bond to Iohn Scot. It was answered , that he took a Back-bond from Iohn Scot , bearing , that the Assignation was granted in Trust , to this effect only , that Iohn Scot should do diligence thereupon . It was answered , that the Back-bond bears Iohn Scot to be obliged to denude in favours of Sir William Scot , his Heirs and Assigneys , whereby the Assignation is altered . The Pursuer answered , that there appears nothing of the alteration of the Defuncts mind , more then if he had appryzed in his own name , whereby the Bond would have been adjudged to him , his Heirs and Assigneys , which is no more , then if an Assigney should use the name of the Cedent , which would no ways infer , that by adjudging Land to the Cedent and his Heirs , they pass from the Assignation . The Lords found no alteration in the Pursuers Assignation by the Right made to John Scot in his Back-bond , which also bare the Right to John Scot , was made to do Diligence , and for no other end . Mr. John Eleis contra Elizabeth Keith Mary Steuart and Keith . Iuly 16. 1667. THis Cause at the Instance of Mr. Iohn Eleis against Keiths , being Dispute the twenty seventh of February last . The Lords found Inhibitions to reach Lands Acquired after the Inhibition , but superceeded to give answer to that Point , whether the Inhibitions were to be extended to take away Renunciations of Wodset Lands , which being now Debated . It was alleadged that an Inhibition could not hinder the Granter of a Wodset to pay his Debt , and accept of a Renunciation from the Person Inhibit , because a Renunciation is but a Discharge , and Inhibitions were never found to take away Discharges of Heretable Bonds , nor to hinder any Party to pay their Debt ; but on the contrair , It was an universal Custom over all the Kingdom , that Debtors should pay their Debts , and did accept Discharges , and Renunciations , without looking into the Registers , which hath been most frequent , not only in Wodsets , but mainly in Infeftments of Annualrent upon Heretable Bonds , which no man ever doubted to pay , till he searched the Registers of Inhibitions , et communis consuetudo pro lege habetur ; It was answered , first , That the Inhibition bears , expresly a Prohibition to grant Renunciations , but no Prohibition to grant Discharges , and as to the Custom , it cannot be showen that persons did pay Wodsets , and take Renunciations from these that were Inhibit , much lesse that the Lords by their Decisions did approve the same , which Decisions can only make a Custom equivalent to Law ; 2dly , Albeit where Wodsets were before the Inhibition , the Debtor might accept Renunciation , because by the Reversion , the Wodsetter is obliged to grant Renunciation upon payment , so that the granting of the Renunciation being upon an obligment Anterior to the Inhibition , could not be prejudged by the Inhibition , as is found in all cases , but here the Wodset was contracted after the Inhibition . 3dly , The Renunciation here granted , was voluntarly accepted , and payment was voluntarly made , because there was a Clause of Premonition and Requisition in the Wodset , which was not used . It was answered that the Stile of Inhibitions is no Rule , seing it prohibits the Selling of Goods and Geir , to which no Inhibition is extended , and there being no Law , nor any Dicision that an Inhibition should be extended against a Renunciation of a Wodset , the common Opinion , and common Custom of the Nation to the contrair is sufficient ; neither is there any difference in the Custom , whether the Wodset be contracted after the Inhibition , or before ; and if there were , there is much more reason that Wodsets contracted before , should rather be subject to the Inhibition , then Wodsets contracted after , by which the Creditor Inhibiter is in no worse condition when they are Renunced , then he was the time of his Inhibition , neither was the payment here made voluntar , albeit Requisition was not used , because there being an obligement to pay the delay upon the Requisition , being only for a few days , no prudent Man would suffer himself to be charged upon the Requisition , and it is no more voluntar , then if a Creditor should pay before the Registration of his Bond , because he could not be compelled before it were Registrat , and he charged ; but seing Law and Custom obliged not Debtors to inquire for Inhibitions , they may pay what way they please , and albeit there had been a Requisition , yea , and a Consignation , unless the Debtor after Inhibition , had been obliged to call the Inhibiter , it could operat nothing as to the Inhibiter . It was answered that there would be a great Detriment to Creditors , if they cannot affect Wodse●s by Inhibition , seing these cannot be Arrested . It was answered they might be Appryzed . It was answered they might be Renunced before the Term of payment of the Creditors Debt , so that Appryzing could not proceed , and that a Debtors whole Estate may consist in a Wodset . It was answered that that case could seldom occur , and that there was neither Law nor Custom introduced upon that account . The Lords found that the Inhibition could not operat against the Renunciation of the Woose , and decided that general point by it self , for clearing the I ieges , and ordai●ed the Parties to be heard upon some other Points in this particular Case , as that payment of this Wodset was made after the parties was in mala fide , after processe intented against him , by Mr. John Eleis . Hamiltoun contra Symintoun , Eodem die . DAvid Hamiltoun as Assigney by Robert Steel to a Bond granted by Andrew Symintoun , pursues Grissel Symintoun as representing him , for payment , who alleadged absolvitor , because the alleadged Bond is manifestly null , in so far as on that side where the Subscriptions is , there is only the Clause of Registration , and all the rest is filled on the other side with another Hand , and there is not one word on the Subscribed side of the Matter of the Bond , that might have Connexion with the back-side , which is unsubscribed , so that this has been the last Sheet of a Writ taken off , and filled upon the back , upon which anything might have been filled up , that the Pursuer pleased . The pursuer answered that he oponed his Bond subscribed by VVitnesses , which he byds by as a true Deed , and is valide unless it were improven . The Lords found this Writ null , and yet declared , that if the pursuer could adduce VVrits , or Adminicles to astruct the same , they would Examine the same ex officio , as the VVriter and VVitnesses if they were alive . The said pursuer did also insist against the Defender for her own Aliment , as having Right thereto from his own Son , who had Married her Mother . It was alleadged for the Defender that her Mother Liferented her whole Estate , and so by Act of parliament was obliged to Aliment the appearand Heir . It was answered the Defender had Renunced to be Heir to the same Pursuer , and so could not crave that Benefite . It was answered , that as Appearand Heir , She had Right to the Aliment , and her offering to Renunce , was but to save her from personal Excution , and it could not prejudge her of her Aliment , which she had received before she Renunced . Which the Lords found Relevant . Lady Burgy contra Her Tennants , and Sir John Strachan , Iuly 18. 1667. THe Lady Burgy pursues the Tennants of her Liferent-lands to Remove . Compearance is made for Sir Iohn Strachan , who alleadges that he stands publickly Infeft in this Land , and in Possession , and will not suffer his Tennents to Remove . It was replyed that the Pursuers Infeftment in Liferent is long before Sir Iohns , and could take no effect till now that her Husband is dead . It is answered that the Ladies Infeftment is base , and therefore though it be prior to Sir Iohns publick Infeftment , it cannot be preferred thereto , unless it were alleadged it was cled with Possession before the publick Infeftment , either by the Ladies own possession , or at least by her Husbands possession , but she cannot alleadge either , because these parties were in possession from the Date of her Infeftment , till the Date of this publick Infeftment . It was answered for the Lady , that she offered her to prove , her Husband was in possession after her Infeftment and before the Defenderes Infeftment by himself , or at least by these who derived Temporary , or Redeemable Rights from him , or his Authors as Liferents , Wodsets , and unexpired Comprysings . It was answered , that albeit favore Matrimonij the Husbands possession , though common author be counted the Wifes possession , yet the possession of a Wodsetter , or Appryzer are neither said to be the Wifes possession , nor the Husbands , because they possess prop●io jure , and the Husband had only a Reversion . The Lords found the alleadgeance Relevant for the Lady , that her Husband possest after her Infeftment , and before the publick Infeftment , either by himself , or by any deriving a Temporary Right from him , or his Authors . Executors of the Earl of Dirletoun , contra Duke Hamiltoun , Earl of Crawford , and others . Eodem die . IN August 1645. the Earls of Crawford , Lanerk and several other Noblemen , and Gentlemen granted Bond to the Earl of Dirletoun , bearing an Obligement therein , Conjunctly , and Severally to pay ten Merks for ilk Boll of 6000 Bolls of Victual , that should be Delivered by Dirletoun to Iames Riddel , or his Deputes , the said Earl always obtaining Iames Riddels Receipt thereupon ; which Delivery , and Receipt were to be betwixt and a blank day , and the Receipt to be Delivered before payment , the Term of payment of the price was Candlemas 1646. Whereupon Dirletouns Executors pursues the Subscribers of the Bond , who alleadged that this Bond was clearly Conditional , that the Victual should be Delivered betwixt and such a Time , which though it be blank , yet must be understood to be before Candlemas , which was before the Term of payment of the pryce , and upon obtaining Iames Riddels , Receipt thereof , Ita est , there is nothing to instruct the Delivery to Iames Riddel , or the obtaining his Receipt , Debito tempore . It was answered that the Condition bears Delivery to Iames Riddel , or his Deputes , which Terms signifies only persons under him in Office , and therefore it must relate to James Riddel as he was then a publick person , one of the Commissars of the Army under Humby , Ita est there is produced Humbies Discharge , and Receipt of the Victual , which is better then Riddels who was his Depute ; and there is also a Declaration by Riddel , that the Victual was truely Delivered . It was answered for the Defenders , that their Obligation being Conditional , must be performed in forma specifica , so that it being in Dirletouns option to Deliver or n●t , if he Delivered on other Terms then the Bond bears , it was on his own peril , neither is there anything to show that this Victual was destinat for pulick use ; and albeit it had been the purpose of the Defenders so to have employed the Victual , yet they might choise their own way of putting it in the hands of a Person whom they did Trust , who without their Warrand could have given it out to none , and whose trust they only followed thus qualified , that a Receipt were then obtained from him , so that they are not obliged to trust Humbies . Receipt , nor can that prove against them for his Oath , much less his acknowledgment could not bind upon them his Debt , neither is Humbies Receipt Debito tempore ; and likewise Humbies Receipt relates not to this Bond , but bears to be conform to a Contract betwixt Dirletoun and the Committee of Estates ; neither can Riddels Declaration ex post facto prove against the Defenders , or burden them , because they have qualified Riddels Trust , not to his Write at any time , yea not to his Oath , but to his Receipt within the time limited , and there is no reason to enforce the Defenders Contract , to the Tenor of their Bond , to trust the Declaration of Iames Riddel Emitted at any time , for his Condition mighht change , both as to his Estate , and to his Trustinesse ; and they were not obliged , though they were to Trust his Receipt within such a time , therefore to trust his Declaration for ever ; and albeit the Victual had been appointed for publick use ; yet the Delivery , and Receipt should have been made forthcoming to the Defenders , that they might have obtained Releif of the publick , but never having been delivered to this day , the Defenders cannot be burdened therewith . It was answered , that Dirletoun was known to be an Illiterat Person , and albeit he takes Humbi●es Discharge relative to a Contract of the Committee of Estates , yet this same Bond is understood for the name of Contract , may well comprehend a Bond , and the Subscrivers of this Bond , albeit they be not so Designed in the Bond , yet all of them were Members of the Committee of Estates , and a Quorum thereof , and the quantity of Victual was the same , and the Date of that Contract is , the day of August 1645. which showes it was not then present , and this Bond is in August 1645. and it cannot be imagined that Dirletoun would have engaged in the same Moneth , for 6000. Bolls of Victual twice , and as to the time of the Receipt and Declaration , there is no Clause irritant upon nor obtaining it at such a time , and that is no Detriment to the Defenders , neither can it be presumed that they would have obtained Releif , seing they attained no Releif of many publick Bonds , they were ingaged into at that same time . The Lords found the Defense founded upon the Conditional Clause relevant , and the Condition was not fulfilled , chiefly upon this consideration , that Iames Riddels Receipts were not obtained in the time limited , after which the Defenders were not obliged to trust any Declaration of Riddels , or Humbies . Iohn Ker contra Iean Ker , Eodem die . Iohn Ker being Executor dative ad omissa et male appreciata , pursues Iean Ker as principal Executrix for payment , and referred the particulars to her Oath , she alleadged that she had made Faith at the time of the Confirmation , that nothing was Omitted , or wrong Prized , she could not be obliged to Depone again . It was answered that this was the ordinar Custome , and was no more then a Re-examination , and that it would not infer Perjury , though it were different , because if she had any thing Omitted that had come to her Possession , and Knowledge after the Inventar , or if she had then possest it , but did not know , or remember that it was in her Possession , or in bonis defuncti , and ordinarly the Prices are made be the Commissar , and but upon Conjecture , and may by much better known thereafter . The Lords Repelled the Defense , and ordained the Executrix to Depone . Mr. Iames Daes contra Kyle , July 10. 1667. MAster James Daes being Infeft by the Earl of Hadingtoun in certain Husband Lands , and Aikers in Earlstoun , with a general Clause , of all Lands within such bounds , pursues Robert Kyle to remove from certain Aikers within that bounds , who alleadged Absolvitor , because he has Tacks standing from the Earl of Hadingtoun of all the Lands possest by him , and produces the Tack , bearing , the Earl to have Set him fourteen Aikers of Land presently possest by himself , and declares he has no other then what he possest before the Tack , and during the time of the Tack , now by the space of thirty years . The Pursuer answered that his Tack gave him only Right to fourteen Aikers , so that the Pursuer , by the general Clause , must have all the rest : It was answered that the Defender was not obliged now to Dispute the extent or quantity of his Aikers , nor to restrict to the present extent of Aikers , especially seing that which he did possess the time of the Tack , was Set to him by his Tack simply without Reservation ; and albeit designed fourteen Aikers , and were more , it is nothing , for an Erronious Designation vitiats not , unless it did appear to be Restrictive , or Taxative ; likeas the Pursuers Aikers in his Infeftment , will be as large proportionally as the Defenders . The Pursuer answered , that whatever the extent of his Aikers were , the general Clause gave him all that was not reserved to the Defender , and he offered him to prove ; that there were six aikers beside the fourteen aikers , severally kend and known , and possest by different Possessors before this Tack . The Defender answered , that he opponed his Tack , bearing the Lands to be then in his own Possession , at the granting of the Tack , and he having possest thirty years accordingly hoc judicio , he was not obliged to Dispute any anterior Possession . Which the Lords found Relevant . Hans Iurgan contra Captain Logan , July 23. 1667. CAptain Logan a Privateer having taken Hans Jurgan Citizen of Lubeck obtained his Ship and Goods , adjudged Prize by the Admiral , upon this ground that he had carried in Prohibit , or Counterband Goods to the Danes , being then the Kings Enemies , viz. Hemp and Victual , and that he was taken in the return of that Voyage , which was instructed by the Oaths of the said Hans and Sailers , Hans raises a Reduction of the Admirals Decreet on these Reasons ; First , That the Victual was no Counterband Goods , but such Goods as the King allowed his own Subjects to Export out of England , and declared that there should be no question thereupon , nor upon any Goods , not enumerat in an Act of Council produced all which are bellicus Instruments and Furniture , and hath nothing of Victual ; and albeit Hemp be Prohibit by that Act , and commonly counted Counterband Goods , yet the quantity Deponed was only sixteen Stones , which is an unconsiderable quantity , and necessar for Calfing the Ship , and Sowing the Sails , 2ly , The Pursuer produced the Duke of York his Pass , Warranting this Ship to come from Bergen , and therefore she could not have been taken in her return by any Privateer . 3ly , Whatever might have been alleadged , if the Ship had been taken , having unfree Goods in her , there is neither Law nor Custom to sease upon the Ship in her return , when these Goods are not in her , for the Sh●p might have been sold to another , then he that did the wrong ; and it cannot appear whether the return was made out of the price of the former Fraught , and though it were , it might be of a hundreth times more value . And albeit such seasures in return were allowable , yet they could only be sustained when it is evident , at the time of the Seasure at Sea , that the Counterband Goods had been in the Ship that Voyage , either by Bills of Loading , Charter parties , or other Writs taken in the Ship , or by the O●ths , or acknowledgements of the Company , otherwise upon that pretence Freedom of Commerce would be altogether stopped , seing every Ship might be brought in● that they may be tryed by the Admiral , whether or not , they had in Counterband Goods that Voyage . 4ly , These Strangers could not be in culpa before the Indiction of the War could come to their Ears , but the Indiction of the War , was by the Kings manifesto of the Date the ninteen of September , 1666. and this Ship Loosed from Lubeck the 24 of September , within five days after , and so could not possibly know the Indiction , and they Trading , bona fide , as they were formerly accustomed , cannot be seased as injuring the King , in assisting his Enemies , and they did , nor could not know they were such . It was answered for the Defender , that he had walked exactly according to his Commission , bearing expresly all kind of Grain to be Counterband Goods , and being impowered to sease upon any Ship in return , that had carried in Counterband Goods , and that it was in the Kings power leges imponere bello , and that Victual is Counterband Goods it is evident , not only because it is the first necessary in War , especially for Victualling of Ships , Norway being a barren Countrey that hath little Grain of its own , and produced a Treaty betwixt the King , and the Crown of Sweden , wherein the Swede hath a liberty to carry Counterband Goods ; bearing expresly in the Latin Ann●na , in the Dutch Proviant , which shows , what Goods are accounted Counterband Goods , not only by the King , but other Nations : and for this Seasure in the return , it is not only warranted by the Commission , but upon evident Reason , because the Kings Allies have free Trade , both with Him , and his Enemies , so that they partake not with his Enemies against Him , by furnishing them Instruments , or Furniture of War ; and any privat Party transgressing the same , might , de rigore juris , be seased upon as an Enemie● and it is favour and benignity , that the seasure is allowed only in that very Voyage , in which the wrong is done . As to the Duke of Yorks Passe , Scotland being a free Kingdom , and the Duke not Admiral of Scotland , his Passe , or passing from any Delinquents , can only be Operative in England ; and that which is produced , is only an Extract out of the Admirality Court , bearing that such a Ship was Cognoseed to be a Lubeck Ship , and so that she might freely passe , which cannot import the Dukes knowledge , much lesse his passing frae her carrying of Counterband Goods , as to the pretence of Trading , bona fide , and the ignorance of the War , no respect ought to be had to the alleadgeance , because the War was begun , and flagrant long before the Lousing of the Ship , and there is no necessity of Manifesto's to indict War , but Acts of Hostility and publick fame of a War , are sufficient to hinder Allies of either Parties , or Neuters to assist against their friends : and here it s offered to be proven , that six Moneths before this Ship Loused , many Commissions were granted against the Danes , Prizes taken , and the Kings Subjects taken by the Danes , and declared Pryze at Bergen , upon the account of the War , which must be presumed to be known by the Pursuer : and the City of Lubeck being a Hanse Town of Trade , which keeps Intercourse with London , and other Towns of Trade : and as to the Act of Council , permitting the Kings Subjects to Trade , even in Corn with his Enemies , it is a special Indulgence in Favours of England only , and could not be effectual as to Scotland , and much lesse to Strangers . The Pursuer answered , that there Was nothing alleadged to show by Law or custom , that Victual is Counterband Goods , unlesse it were carried in to an Enemy for Relieving a Besieged place , but not when it is but in common Commerce , and if the Lubeckers be hindred to Trade in Corn , or the like , being the only Growth of their Country , their Trade is altogether marred , contrary to the Kings Interest and Intention , who has written to the Emperour most favourably in behalf of the Hanse Towns , for the freedom of their Trade , and acknowledges them his good Allies , and not meerly Neuters , which Letter is produced , neither is the palpable inconvenience answered , if Privatteers may bring in all the Ships , whether they carried Counterband Goods in that Voyage , though they find none in them , neither is there any thing alleadged sufficient to instruct , that the Pursuers knew , or were obliged to know of the War betwixt the King and Denmark , before they Loused from Lubeck for any Acts of Hostility , before the solemn Indiction produced , were such Deeds as the Pursuers were not obliged to notice , for the taking and declaring of Prizes doth not include Enimity● or War , but may be for reparation of privat injuries without intention to make an open War , although a Pryze of the King of Britains Subjects , had been declared at Buirran , it does not infer , that Lubeck being a free State , at so far distance , behoved to know the same ; much lesse , that thereby there was a War betwixt the King and Denmark . The Lords having considered the whole Debate , were of different opinions , whether the Victual could be called Counterband Goods simply , or only when imported for relieving of Sieges , or for the like War-like use , and whethe● Ships could be seised in their return not having actually Counterband Goods in , but especially whether they could be seised without evidence at the time of the seisure at Sea , that in that Voyage they had in Counterband Goods , but they did only Determine the first Reason , and found it relevant , to infer that the Lubeckers was in bona fide to continue the Commerce , having Loused within to few days of the Kings Manifesto ; and that no other Act of Hostility before , were to be presumed to have come to the knowledge of Lubeck , or that thereby they were obliged to know , that there was an actual War , unlesse these Strangers : knowledge were instructed by their own Oaths , or that it was the common Fame notour at Lubeck before they Loused , that there was War betwixt the King and Denmark , and the Defenders offering to prove the same . The Lords granted Commission to the Kings Resident at Hamburgh to receive Witnesses above exception , and in the mean time , ordains the Strangers Ship and Goods to be Inventared , and Estimate , and delivered again to the Strangers ▪ upon Caution to make the same or price forthcoming , in case the Defender prov'd , and prevail'd , and with the burden of the Strangers damnage and expences , if they betook themselves to this manner of Probation , and not to the Oaths of the Strangers who were present , reserving to the Lords the remanent Points to be Decided , if the Strangers knowledge of the War were known . In this Processe the Lords found also that competent , and emitted before the Admiral , could not operat against thir Strangers , qui utuntur communi jure gentium . Sir Harie Hume contra Tenents of Kello , and Sir Alexander Hume . Iuly 23. 1667. SIr Harie Hume having Comprized the Lands of Kello , compearance is made for some Annualrenters , who craved preference , because their Infeftments of Annualrent was before the Apprizing : It was answered that the Infeftment of Annualrent was base , never cled with Possession : It was answered for the Annualrenter , that he produced an Antaphocha , bearing the Receipt of a Discharge granted by the Debtor of the Annualrent , which did instruct the Annualrenter was in Possession before the Apprizing , by uplifting the Annualrent from the Debtor : It was answered that the Sum was of fourscore Merks , which was far within an Terms Annualrent , and that it related only to the personal Bond , and not to the Infeftment , and that there was more then this Sum due of Annualrent by the personal Bond , before the Date of the Infeftment , to which only it behoved to be imputed : It was answered that the Receipt being general in part of payment of the Annualrent , he that payed the Sum might impute it to what Term he pleased , and so would impute it to a Term after his Infeftment : It was answered that before that Discharge , the Pursuers Apprizing was led , though no Infeftment thereon , after which so small a part of the Annualrent could not be impute to any , but the first Annualrent due , and could not validat the base Infeftment . The Lords found it sufficient to validat the base Infeftment , notwithstanding of what was alleadged on the contrair . Sir George Mckenzie contra Iohn Fairholm , Iuly 25. 1667. SIr George Mckenzie Advocat having formerly pursued Reduction of a Bond , granted to Umquhil Iohn Fairholm , wherein he was Cautioner for his Father , and Pluscardy , upon this Reason , that he then being Minor ▪ intertained by his Father , as in his Family ; his Father was his Administrator , and in place of a Curator , so that Deeds done without his Fathers authorizing as Curator , was null ; neither could his Father authorize him to his Fathers own behove , as Cautioner for his Father , which the Lords found relevant to annul Sir George's Subscription ; and now Sir George desiring the Extract of the Interloquitor . It was further alleadged , that Sir George was not only Cautioner for his Father , but also for Pluscardy , and that his Father might authorize him to Subscrive Cautioner for Pluscardy , and therefore the Bond behoved to stand against him as Cautioner for Pluscardy ; It was answered that albeit his Father might authorize him as Cautioner for Pluscardy , in a Bond apart , wherein his Father was not concerned ; yet if his being Cautioner to Pluscardy were to the behove of his Father , he could not authorize him therein , but this Bond is of that nature , for Pluscardy and the pursuers Father being bound Conjunctly , and Severally , Caution adjected for any of the correi debendi , could not but be to the behove of both , because in so far the Obligation was strengthned , and the payment made by the Cautioner would liberat both , and if Sir George should be Decerned Cautioner for Pluscardy , it would Liberat his Father , and so is clearly to his behove . In respect whereof , the Lords repelled also this new Defense , and adhered to their former Interlocutor , and found Sir George's Subscription for his Father , and for Pluscardy , to be to his Fathers behove , and that he could not authorize him therein , neither did he at all directly authorize him , but in so far as they both Subscrived as Principal and Cautioner in one Bond. Mr. Iohn Philip contra Mr. Iohn Cheap , Iuly 26. 1667. MAster Iohn Philip pursues his Tenents upon a Disposition granted by Michael Philip , Compearance is made for Mr. Iames Cheap who Apprized from Michael Philips Heir , who alleadged that the Disposition is null , neither being Subscribed by the Disponer , nor by two Notars for him for albeit it mention the Subscription of three Notars , yet two of them Subscribed not at the same time with the third , and neither of these two bear , that they did Subscribe at command , but that they Subscribed only for Michael Philip , because that he could not Subscribe himself : and albeit the Body of the Writ mention such Witnesses to the Command given to these Notars , yet it is written with another Ink , and does not appear to be Written at the time of the Subscriptions , being the Hand-writ of him that Wrote the Body , which mentions to be Written by him at Edinburgh , and the Subscription is at Newburgh , and because the Notars Subscription must give Faith to the Body of the Writ , and not the Body to it . It was answered , that they offer to prove by the Witnesses insert , that the Command was given : It was answered that the Command being the most substantial point of the Subscription , could not be proven , or supplied by Witnesses , for the Subscription of the Notar , because the party could not Subscribe signifies nothing without the Command of the party , for whom they subscribe , and Warrand or Command in most ordinary Matters is not at all probable by Witnesses . The Lords found the Disposition null , and that the subscription of these two Notars not bearing , that it was by Command , could not be supplied by the Witnesses , insert , unlesse it had been the subscription of an Connotar Subscribing at the same time with a Notar , whose Subscription bore Command . Here it was Debated whether the Subscriptions of Notars at divers times were sufficient , or if the Subscription of a Notar who was not authorized by the English , and did forbear to Act at that time were sufficient , but the former Vot made these to be undecided , as not necessar , seing the Writ was annulled by the former Vot . Sir George Prestoun contra Sir Iohn Scot , Iuly 1667. SIr Iohn Scot having pursued for payment of an Annualrent of 500. Merks , out of Sir Iohn Prestouns Lands , he alleadged payment , thereupon Li●●scontislation being made , he produces three Receipts , each 500 pounds , bearing to an Accompt ; and alleadged that the odd fifty Merks was for publick Burden , which compleating three years , must Assoilzie from bygones . It was answered the Discharges bore to be but granted by a Factor , which was not probative , and that they wanted Witnesses , and that being given by a Factor , they could not infer payment of all proceeding : It was answered that Discharges of Annualrents , or Rents , are sufficient without Witnesses . The Lords found that Discharges to Tenents were suffi●ient without Witnesses , but not being granted by an Annualrenter to an Heretor , and found that the Factors Discharge could not in●er payment of bygones . The Owners of the Ship called the Castle of Riga , contra Captain Seatoun Eodem die . CAptain Seatoun a Privateer having taken a Ship at Sea , she was declared Pryze at Cromarty ; the Owners pursue Reduction of that Decreet before the Admiral at Leith , who Ass●●●zied from the Reduction , and adhered to the D●creet● the Owners now pursue a Reduction of both these Decreets upo● this Ground , that by the Treaty betwixt the King , and the King of Sweden ; it is expresly declared , that if any Swedish Ships , having a Passe from the Kings Council , or Colledge of Trade , or Governour of the Province where frae she Louseth , she shall not be questioned , nor any Inquiry anent the Goods , or Men , and that because , by the said Treaty it is Agreed that the said Passes , shall expresly contain that the Ship and whole Goods , belonging to the Subjects of Sweden , contained no Counterband Goods , and that upon Oath taken at the obtaining of the Passe , na est , the Governour of Livinia , wherein Riga lyes , hath given a Passe , bearing that the Owners of the Ship called the Castle of Riga , being Citizens of Riga , did make Faith that Ship , being then at Amsterdam , did truely belong to them , and was Loaded with their Goods only , and was direct to France for a Loading of Salt , to be returned to Riga , and that there is produced an Extract out of the Admirality of ●rance , bearing Faith to have been made , that the Ship , nor Goods , nor any part thereof did not belong to the French nor Hollanders , and a Certificat from the Swedish Resident in Holland , Registrat in the Office of Admirality in England , bearing this Ship to be a ship belonging to the Swedes , and yet she was declared Pryze , upon this ground only , that the Sea-men did acknowledge they were Inhabitants in , and about Amsterdam , and that some of them Deponed , that the ship was a Dutch bottom ; and one of them Deponed , that they were paved by the Skipper , who received the Money from a Water Bailzie in Amsterdam , without proving that the ship or goods belonged to Hollanders , which could not have been ground , seing the Passe , and Treaty did Exeem them from giving an Accompt , or Inquiry anent their Mariners . It was answered for the Defenders , that all these Passes and Papers were a meer Contrivance , and ●alls not in the Case of the Treaty , because the ship Loused not from Riga , but from Amsterdam , and the Pass did not contain the particular Goods , and Quantities , according to the Conditions of the Tre●ty , and that the Testimonies proved that the ship had on a Dutch Flag , that she came hot by the Channel , but about the Back side of England , and that the Company was afraid to meet with Scotish and English Privateers ; and having met with a ship in their Course , asked for the Dutch Fleet , calling it their own Fleet , all which were strong Evidences that the ship belonged to Holland . It was answered that albeit the Pass mentioned not the particular Goods , which it could not do , the ship being but to be Loaden , the Certificat did abundantly supply that , expressing the Loading , as for the presumptions they are of no force , because the Skipper , though a Dutch-man , yet was sworn a Citizen of Riga , and might justly be more afraid of the English and Scots , then of the Dutch , and they might call the Dutch Fleet , their own Fleet , as being of their Nation ; at last they produced a Letter of the Kings , bearing that His Majesty knew by sufficient Information , that this was a ship belonging to Sweden ; and both by it , and by a former Letter , did peremptorly Command the Delivery thereof , and the Goods . It was answered the Kings Letter was impetrat upon false Information ; and if His Majesty had known the true state of the Case as it now stands in the Evidence , He would not have so Written ; nor doth His Majesties Letter , granted inaudita parte , prejudge the privat Rights of his Subjects . The Lords found that the Testimonies of the Witnesses did not prove , that the ship and goods belonged to any of His Majesties Enemies , and therefore , in respect of the Pass , Certificat , Treaty , and His Majesties Letter , they Reduced both the Decreets . Iuly 31. 1667. THis Cause being again Debated , it was alleadged that the former Interlocutor having proceeded mainly upon His Majesties Letter , there was no ground to proceed thereupon , because it was granted inaudita parte , and Acts of Parliament being done by His Majesty , without consent of of Estates , prejudge no party as to their privat Right , but such as are called , much less Letters thus impetrat upon importunity , and groundless Representation , and this Letter is Derogat by a posterior general Letter to the Lords , Recorded in the Sederunt , warranding the Lords to proceed . And as to the Swedish Treaty , it can never be understood further , then as to Counterband Goods , which are the Native Commodity of the Swedish Dominions , for albeit some of these be dispensed to the Swedes , because most of the Growth of their Countrey is such , yet it cannot be extended to this Case , where the Swedes Loadned Counterband Goods in Norway , and carry them to France , both being His Majesties Enemies , neither can the Pass be sufficient , except as to such ships as are within Sweden , and where the particular Goods , upon Oath are Attested , and expressed in the Pass , neither of which is in this Case . It was answered that they opponed the former Interlocutor , and that a solemn Treaty , with so considerable an Allie as the King of Sweden , is not to be Retrenched , nor Limited , but by the exceptions contained in it self , and in it there is no such exception , but generally the Pass , as is there qualified , excludes all search or question of Men or Goods , which is also the Kings meaning , which appears expresly by the foresaid Letter , which albeit it could not Derogat from a privat Right , yet may well clear the dubious interpretation of a Treaty , and is sufficient in this Case , where the King alone dat leges bello . The Lords upon consideration of the last Dispute , did ordain the President to state the Case , and represent it by the Secretary to the King , both as to the meaning of the Treaty and the Letters , and specially whether Counterband Goods , not being the Growth of , nor Loaden in Sweden , were priviledged to the Swedes thereby . November 6. 1667. THe said Cause being again called , the President presented the Lord Secretaries Letter , bearing the Kings Answer , that the Treaty , or Letter did not warrand the Swedes to carry Counterband Goods to the Countrey of his Enemies , except their own Countrey Commodities , Loaden within their own Dominions . Whereupon The Lords sustained the Admirals Decreet , as to that Reason of Reduction , but gave the Parties a time to be further hear'd before Ex●ract . Hend●●son contra Henderson , November 14. 1667. HEnderson insisted in the Cause mentioned , Ianuary 31. 1667. which was again fully Debated above ; and it was alleadged that the Writ in question was a Testament , or at least donatio mortis causa , or at least a Conditional Donation , to take effect only in case the Disponer died before he returned , so that his simple returning , without any further , purified the Condition , and made it null . The Lords having considered the Writ , found that albeit it was not formal , yet it had the Essentials of a Disposition , and Donation , interviros , and that it was not null by the Disponers return , unlesse he had revocked it ; for they found that the words being , that he Nominat , and Constitute Henderson his Heir , and Successor , and Donatar irrevockably to certain Tenements in particular , with power to him ( in case the Disponer returned not ) to enter by the Superior , and Enter to Possession , and transferring all Right he had in that case , which words Constituting him Dona●ar , they found were Dispositive words , and Effectual , and the adding of Heir , and Successor , could not Evocuat the same ; and found the Condition of his not returning , was not annext to the Dispositive words , but to the Executive Clause of Entering by the Superior , and taking Possession , which was cleared by the Posterior Reservation , to recal it after his return . It was further offered to be proven , that the Disponer not only returned , but recalled the Disposition , in so far as he had it in his own hands , and power after his return . It was answered that it was no way relevant , unlesse the Delivery of it hoc intuitu were proven , for he might have had it in his hands upon many other accounts . It was answered that the very having of the Writ , did presume that it was Delivered , unlesse the other Party would offer them to prove that it came in his hands alio nomine . Which the Lords found Relevant . Thereafter it was alleadged , that as the Disponers having of it , presumed Revocation , so the Acquirers having of it hereafter , presumed a passing from that Revocation , and a Reviving of the Right , and now it is in the Acquirers hands ; as to this point the Parties did not Debate , but it occurred to the Lords that the Disponers having , might be sufficient to infer Delivery , but would not infer that the Acquirers having thereafter , would presume passing from the Revocation , because the Clause reserving to the Disponer a power to Recal , made the naked Recovery of the Writ sufficient to him , and did annul it , but it was more dubious , what was requisit to revive it , whether naked Having , or expresse Delivery , hoc intuitu , or if something were not requisite in Writ , and therefore before answer to that point . The Lords ordained the Pursuers who now had the Writ to condescend , and prove how they got it . Iames Maxwel contra Adam Maxwel , November 15. 1667. JAmes Maxwel , and the Umquhil Lady Hiltoun his Spouse , having Disponed their Land to Adam Maxwel , Iames now pursues a Declarator of Trust , whereupon the Lords formerly ordained Compt and Reckoning , that it might appear what Adam had Expended upon the accompt of the Trust. In which Accompt Adam gives up certain Bonds by Iames , whereunto he had taken Assignation , against which , he could alleadge no more then what he truely payed out , in respect the time of the Assignation he was intrusted by the Pursuer . The Defender alleadged non relevant , unlesse it were alleadged he was intrusted to Compone for the Pursuers Debts ; but if it was only a Trust of his Land , and not a general Trust of all his Affairs , it could not reach their Bonds , and albeit upon the account of Friendship , or Charity , the Defender might be desired to take no more then he gave , there lyes no Obligation in Law , or Equity upon him so to do ; but he may demand what the Creditors , his Cedents , or any other Assigney might demand . The Pursuer answered that the intent of his Trust in his Lands , being to preserve him from the rigour of his Creditors , it was against that Trust , to the Trusty to use the same rigour himself . Which the Lords found relevant , and ordained Adam only to get allowance of what he payed out . Laird of Culteraes contra Silvester Chapman , November 16. 1667. CVlteraes having pursued Silvester Chapman for payment of a Bond of two hundreth Merks , subscribed by the initial Letters of the Defenders Name . The Lords sustained the pursute , the Defender being in use thus to subscribe , and that he did subscribe this Bond , the Notar and three Witnesses insert being Examined , they proved the Defenders custom so to subscribe , but as to the Actual subscribing of this Bond , two were affirmative , and two were negative , denying their subscription , Deponing that they remembred not they saw the Defender subscribe . The Pursuers own Oath was also taken ex officio , who affirmed the truth of the subscription , and that the Witnesses insert were present , the question arose whether the verity of the subscription were proven . The Lords found that it was sufficiently proven , the Pursuer being a man above all suspition , and no improbation proponed . Chalmers and Gardner contra Colvils , Eodem die . CHalmers and her Children pursues Hugh Colvil and others , for Ejecting them out of their House and Lands of Lady kirk , and spuilzy of their Goods therein ; the Lybel being admitted to Probation , not only a Witnesse Deponed , that he saw the Defender open the Pursuers Doors , they , being absent in Edinburgh , and the Keys with them , and cast out their Goods and enter in Possession , who was admitted , cum nota , as being Interessed as Tennant , and concurring with these Pursuers , in a pursute with the same Defenders before the Council , upon the same Ground , the rest of the Witnesses proved , that the Pursuers were in possession at , or about the time Lybelled , and that they went to Edinburgh , and Locked their Doors , and took away the Keys ; and some of them Deponed , that the night before the Defenders Entry , they saw the Doors Locked , and that the next day after they saw Hugh Colvil , and several others in the House , and several Goods that were in the House cast out of the Door , and that Hugh continued in Possession , and took in the Goods again . Which the Lords found sufficient to prove the Ejection and Spuilzie , seing the Defender did not instruct that he entered by Authority of Law. The Defender alleadged at Advising the Cause , that the Pursuer had a Husband , who within this Moneth , was seen at Air , and offered to prove by his Oath , that he had Ceded the Possession , being Warned , and gave Warrand to the Defender to Enter , and therefore , he being Dominus bonorum , his Wife and Bairns had no Interest to pursue , and though they had , his Oath was sufficient to instruct the Lawfulness of the Defenders Possession , and that the Wifes Oath in litem could not be taken , to Esteem her Husbands Goods . It was answered , that it was notourly known , that the Husband had been two years out of the Countrey , and having gone to Sea , was commonly repute dead , and therefore the Wife being in Natural Possession , might lawfully pursue this Action , neither was it relevant that the Husband promised to quite the Possession , which being but an obligation , could not warrand the Defender , brevi manu , to cast them out , unless he had been present , or consented to the Entry , or had given a Renunciation of his Possession , with a Warrand to Enter brevi manu . The Lords , in respect both Parties acknowledged , that the Husband had been a great while absent , found the Action competent to the Wife : and found that the Husbands Ceding the Possession , as was alleadged was not relevant , and ordained the Wifes Oath , as to the quantity and value of the Goods Spuilzied , to be taken , and granted diligence to the Defender to Cite the Husband , if they could find him , to the same Dyet to give his Oath , reserving to the Lords what the Wifes Oath could work , as to the estimation of the Goods , without the Husbands Oath . White-head of Park contra Iohn Stratoun , Eodem die . WHite-head of Park pursues Iohn Stratoun for restitution of an Horse , which he delivered to his servant , to be put in the Park of Holy-roadhouse to the Grass , and which now cannot be found . The Defender alleadged that he was lyable for no Loss or Hazard , because at that time , and long before , there was a placad fixed upon the Port of the Park , that he would be answerable for no Hazard or Loss of any Horse put in there , by Stealling or otherwise , which was commonly known at , and long before that time . It was answered , that this Action being founded upon the common ground of Law , nautae caupones stabularij , ut quae receperint restituunt , the same cannot be taken away but by paction ; and the putting up of a placad is no wayes sufficient , nor was it ever shown to the pursuer . The Defender answered , that the Pursuer having only delivered his Horse to his Servant to be put in the Park , without any express communing or conditions , it behoved to be understood on such Terms as was usual with others , which were the Terms exprest in the placad . Which the Lords found relevant , unlesse there had been a special agreement , in which case they found the Defender , or his Servant , should have showen what was in the placad . Executors of Isobel Trotter contra Trotter , November 20. 1667. GEorge Trotter and Iames Lundy his Cautioner , having granted a Bond of 636. pounds to Iohn Trotter , and the same being Assigned to Isobel Trotter , and Confirmed by her Executors , they pursue Lundy , who alleadged Absovitor , because he offered him to prove , that the Bond was granted blank in the Creditors Name to Iames Trotter , Father to the said Isobel , who filled up the Name of Iohn Trotter ( his Brother ) therein , and took an Assignation thereto , in Favours of Isobel , who was then in his Family , having no Means of her own , and therefore it is in the same case , as if it were a Bond of provision , granted by the Father to the Daughter , or taken in her Name , which may alwayes be discharged by the Father , or altered by the Father at his pleasure ; and true it is that the Father Submitted the same , and was Decerned to Discharge the same , which is equivalent to a Discharge . It was replyed , albeit Bonds of provision to Children be alterable by their Fathers before any thing follow , yet if they be delivered to the Children , or which is more , if they be Registrate , they become the Childrens proper Right , and cannot be recalled , Ita est , this Bond though it had been blank , ab origine , it was filled up in Iohn Trotters Name , and filled up before the Submission ; yea Isobel was dead , and the Sum confirmed in her Testament , so that her Father could not Discharge it proprio nomine , or as his Administrator . It occurred further to the Lords , that albeit the Bond was Registrat , the Assignation granted to the Daughter was not Registrat , so that if that Assignation remained still in the Fathers power , the case would be alike , as if it were a Bond of provision , taken originally in the Daughters Name , yet this not being pleaded by the Parties ; And that the Asignation was Intimat that it was not constant , that the Assignation remained in the Fathers hands . The Lords repelled the Defense , in respect of the reply . Colonel Seatoun contra the Laird of Balwhilly , November 22. 1667. THe Laird of Balwhilly having seased upon a Ship belonging to the Dutch , during the War , Colonel Seatoun , Governour of the Fort at Brassie sound , medled with the Ship and Loadning , brevi manu , for the use of the Garison ; Balwhilly pursues a Spuilzie before the Admiral : Colonel Seatoun gives in a Bill of Advocation on this Reason , that Balwhilly having no Commission , albeit he did sease upon the Ship , yet it belongs to the King , and the Colonel had a Warrand from the Lord Commissioner to Intromet therewith , for the Garisons use , and therefore in the Cause concerning the King , His Majesties Advocat and Officers were not obliged to answer before the Admiral , nor could they attend there , and therefore the Advocation ought to be past . It was answered , that the Reason was in causa , and not relevant , for the Advocat ought to have a Depute before the Admiral , which is a Supream Court , and Process maritime in the first instance ought not to be Sustained before the Lords , and that whatever they pretended in the poynt of right , Spoliatus est ante omnia restituendus . The Lords having heard the Parties upon the Bill in presentia , ordained the same to be past . It was then desired , that as before the Admiral , the Colonel behoved to find caution , not only judicio sisti , but also judicatum solvi , that he may be ordained to do the same before the Lords . Which the Lords refused , but granted the Advocation in common form . Sir Robert Montgomery contra Alexander Rankein , November 23. 1667. SIr Robert Montgomery having obtained Decreet against Antonia Brown , as representing Sir Iohn Brown her Father for two thousand Merks , Arrests the price of a chain due to Antonia , in the hands of the Lord Melvil , and pursues to make forthcoming ; Compears Alexander Rankein and produces a Decreet obtained against Antonia , and thereupon an Arrestment by the Sheriff of Fifes Precept , and a Decreet of the Sheriff thereupon , in July last , the Arrestment being in the same Moneth , and craves preference , because he had the first compleat Diligence . It was answered , that Sir Robert having first Arrested in March last , and first intented Processe thereupon before the Lords , and having insisted therein the last Session , was kept off by the compearance of the Lady Cullerny , who also pretended Right to the Chain and has failed in no Diligence , and therefore ought to be preferred to a posterior Arrestment , albeit it have the first Decreet of an inferiour Court , both Arrestment and Citation being after his , for he having affected the Sum by an Arrestment , the matter became litigious , and no posterior Diligence , nor Sentence of an inferiour Court could exclude him , he using all Diligence before the Supream Court , and not living within the Sheriffs Jurisdiction , and the Sheriffs Decreet being only in absence , otherwise no Process upon , any Arrestment before the Lords can be secure , but others may anticipat them , by obtaining Decreets before inferiour Courts , which are far sooner obtained . It was answered , that it was not the Arrestment , but the Sentence to make forthcoming , that transmitted the Right , as being a Judicial Assignation , and therefore the first Decreet is preferable , for as Poinding might have been used upon the Sheriffs Precept , notwithstanding of a prior Arrestment , and Dependance before the Lords , so must the Sheriffs Decreet which is equivalent , have the same effect , and Sir Robert ought to impute it to himself , that took not the shortest way in pursuing before the Sheriff . The Lords found the first Arrestment , pursued before themselves sine mora , and the first Citation preferable to a posterior Citation , and Arrestment , though obtaining the first Decreet , and therefore preferred Sir Robert Montgomery , and would not bring in the Parties pari passu , the first Arrestment and Citation being several Moneths before the other . Lord Iustice Clerk contra the Laird of Lambertoun , Eodem die . THe Lord Rentoun Justice Clerk having pursued Lambertoun for the Spoiling of his Woods , and Planting in the beginning of the Troubles , the Parties did agree , that what Detriment of the Wood should be proven by Witnesses to be Adduced hinc inde , the one half thereof should be payed by Lambertoun . The Lords granted Commission to five of their Number , who Examined Witnesses upon the place : three of the Pursuers Witnesses proved the half of the Damnage , to be eleven thousand Merks , and gave clear Reasons of their knowledge , two of them were used by the Defender also , and two or three of the Defenders , other Witnesses Deponed that the whole Damnage was about two thousand Merks , and a third ex auditu agreed in some points . At the Advising of the Cause , the question arose whether the Lords might modifie betwixt the two Extreams , or if they ought to Judge according to any two of the highest Testimonies , or according to the most pregnant Testimonies , giving the clearest ground of their Knowledge . The Lords found the most pregnant Testimonies to be the Rule and Decerned , according to the least , that the Pursuers Witnesses did prove , as being that wherein all did agree , and not according to the most quantities that some proved . Mr. Iohn Hay of Haystoun contra Mr. Iohn Drummond , and Patrick Hepburn , November 26. 1667. MAster Iohn Hay having pursued a Reduction of the Rights of some Lands against Mr. Iohn Drummond , and called for the Rights made to him by Umquhil Patrick Hepburn , Mr. Iohn Drummond got three Terms to produce , reserving his Defenses , and at the last Term , alleadged no Certification against the Rights granted by Patrick Hepburn , because none to Represent Patrick Hepburn were called , a Diligence was granted Incidenter to the Pursuer to call the Representatives of Patrick Hepburn , whereupon he Cited Patrick Hepburn his eldest Son , and appearand Heir , who having gotten one very short Term , and that circumduced against him . It was now alleadged , that all the Terms ought to be granted to Patrick Hepburn , seing he was a Party necessar , to be called , and his Rights were to be Reduced . The Pursuer answered , that this being a single Reduction de jure , there was no more due but one Term. 2dly , Albeit more were due , yet Mr. Iohn Drummond having run three Terms already , he can crave no more but one , upon the account of Patrick Hepburn his Author . The Lords in respect , the Term Assigned to Patrick Hepburn , was but on six dayes , allowed him a second Term , and ordained it to be Intimat by the Ordinar to the Advocats , that in single Reductions of Rights of Lands , they would grant two Terms for production , and in Reductions , and Improbations three only . Captain Bood contra George Strachan , November 28. 1667. CAptain Bood , Captain of one of His Majesties Friggats , pursues George Strachan , who had Commanded that Friggat for a time , and was sent a Voyage therewith , from Brassie-found to London , to restore a part of the Out-reick of the Ship , which he had not Delivered , but had excepted in his Discharge as being worn , stollen or lost ; and now it was offered to be proven , that he Sold and Disponed upon the same particulars he so reserved . The Defender alleadged Absolvitor from such particulars as he condescended upon , because he did waire out a considerable Sum of Money , fot Repairing the Out-rige , and necessars to the Ship during the Voyage , for which , in case of necessity , he might have Sold a part of the Out-rige . 2dly , Albeit he might not have Sold the same , yet he may retain , or compence the price thereof , with what he waired out necessarly , and profitably for the Out-rige of the Ship. 3dly He offered him to prove , that such parts of the Out-rige in question● as he should condescend upon , were worne and stollen , which being his Defense , he ought to be preferred in the Probation , unto the Pursuer , who ought to have no other Probation against him , being a Person Intrusted but his own Oath , much less a contrair probation by Witnesses , that they were not Lost , but Disposed upon by the Defender . The Lords Repelled the first and second Defenses , and found that albeit the Captain might have Hypothecat his Ship , or Out-rige for the necessar Expences waired upon her , yet that he could not Sell the same , and that de facto he did not Sell the same , because the Pursuer offered to prove he Sold them at Lieth after his Return , and found the same probable by Witnesses , and preferred the Pursuer in probation thereof , and in respect of so unwarrantable a way of Disposing , they would neither allow Retention , nor Compensation , but left the Defender to make his Application to the Exchequher for his payment . Margaret Pringle and her Spouse , contra Robert Pringle of Stichel , November 29. 1667. MArgaret Pringle pursues an Exhibition of all Writs granted by , or to her Umquhil Brother , ad deliberandum . It was alleadged no Process , for Writs granted by him to Strangers , except such as were in his Family conform to the late Decision , Schaw of Sornbeg contra Tailzifare , which they declared they would follow as a Rule . The Pursuer answered , that he Insisted for Exhibition of such Writs as were granted by the Defunct to any person which were in his possession , or Charter Chist the time of his Death . Which the Lords Sustained . Duke Hamiltoun contra the Laird of Allardine , December 6. 1667. THe Duke of Hamiltoun having Charged the Laird of Allardine for the six Terms Taxation , Imposed anno 1633. He Suspends on this Reason , that four Terms were payed by the Earl of Marishal Sheriff , which must Exoner him , and all other persons of the Shire , and is instructed by the Books of the Clerk to the Taxations . It was answered , that the Reason is not relevant , because the Sheriffs did ordinarly Lift a part of all the six Terms , and albeit the Sheriff compleated the first four , yet he might have done it out of his own Money , or out of the other two ; and so when the King Charges for the other two , the Sheriffs Discharges will Exclude him , so that he shall not want the first four , but so much of the other two , and therefore unless the Suspender can produce a Discharge of the first four , the general Discharge granted to the Sheriff cannot Liberat him . It was answered , that when the King or his Collector Charges , the Collectors general Discharges cannot but meet himself , and whether the Suspender had payed or not , the general Collector cannot seek these Terms twice . It is true , ●f the Sheriff were Charged , the Suspender behoved to show to him his Discharge , but the Earl of Marishal Sheriff , could not Charge the Suspender for the Taxation of these Lands , because the Earl of Marishal was both Sheriff , and Heretor at that time , and Sold the Lands to the Suspender with Warrandice . The Lords found the general Discharge sufficient to the Suspender , against the general Collector , or any authorised by him . Earl of Lauderdale and Iohn Wachop contra Major Biggar , December 7. 1661. THe Earl of Lauderdale , and Iohn Wachop Macer , pursue a Reduction and Improbation of the Rights of the Lands of Hill , against Major Biggar , and craved Certification , contra non producta . The Defender alleadged no Certification , because he had produced sufficient Rights to exclude the Pursuers Title , viz. Infeftments long prior to the Pursuers Right . It was answered , that this could not stop the Certification , unless the Defender would declare he would make use of no other Rights in this Instance , otherwise the Pursuers behoved to Dispute with him upon every single Writ he produced , and behoved to Dispute the Reasons of Reduction with him before the Production were closed . The Pursuer answered that his alleadgeance , as it is proponed , was alwise Sustained without declaring that he wo●ld make use of no more . The Lords found the Defenses ( as proponed ) relevant , and ordained the ordinar to hear the Parties Debate upon the Rights produced , and if these should not prove sufficient , the Lords thought that the Defender might be forced at the next time to produce all he would make use of in this Cause , that so the Pursuers were not delayed upon Disputing upon every single Writ . Earl of Cassils contra Sheriff of Galloway , December 10. 1667. THe Earl of Cassils pursues , the Sheriff of Galloway , and the Tennents of Achnotor●ch for abstracted Multures , and Insists on this ground against the Sheriff , that he being Heretor of the Lands , and Vassal to the Pursuer , did command them to leave the Pursuers Miln , and come to his own Miln , and so was Liable . The Defender alleadged , that this Member of the Summons is not relevant , because any man may desire any persons he pleases , to come to his Miln , and there was never a pursute Sustained against any others then the Abstracters and not against these to whose Miln they came . 2dly , It is not Libelled that the Defender got a greater Duty upon the Tennents coming to his Miln , and although he had , it were not relevant . 3dly , By the Defenders Rights he is Liberat of all Multures , except Knavship and Bannock , which is only the Hire due to the Millers for their Service , and there is no obligement upon him to cause his Tennents come to the Miln . It was answered , the Pursuer offered to prove the Defender had gotten a greater Duty upon the Tennents coming to his miln ; and albeit the Astriction be only of Knavship and Bannock , that is not alone due for the Millers service , but there is a profit thence arising to the Master , that the Sheriff being Heretor and Vassal , albeit he be not personally obliged to cause the Tennents come to his Miln , yet the Lands being Astricted by his Infeftment , it was his fault to remove them . The Lords Assoilzied from that Member of the Lybel , and found it not relevant against the Heretor , but only against the Tennents . Mr. Rodger Hog contra the Countess of Home , Eodem die . MAster Rodger Hog having Appryzed certain Lands from the Laird of Wauchtoun in Alcambus , which were Sold to Wauchtoun by the Earl of Home , with absolute Warrandice : Upon which Warrandice there was Inhibition used , whereupon Mr. Rodger pursues Reduction , of an Infeftment of Warrandice of these Lands , granted by the Earl of Home to my Lady , in Warrandice of the Lands of Hirsil , and that because the said Infeftment of Warrandice is posterior to the Inhibition . The Defender alleadged , that there could be no Reduction upon the Inhibition , because therewas yet no Distress , which with a Decreet of the Liquidation of the Distress , behoved to preceed any Reduction ; and albeit there might be a Declarator , that my Ladies Infeftment should not be prejudicial to the Clause of Warrandice , or any Distress following thereupon , yet there could be no Reduction till the Distress were Existent and Liquidat . The Pursuer answered , that a Reduction upon an Inhibition , was in effect a Declarator , that the posterior Rights should not prejudge the Ground of the Inhibition , for no Reduction is absolute , but only in so far as the Rights Reduced , may be prejudicial to the Rights , whereupon the Reduction proceeds . The Lords Sustained the Reduction to take effect , so soon as any Distresse should occur . Mr. Iames Straiton contra the Countess of Home , Eodem die . MAster Iames Straiton Minister of Gordoun , having obtained Decreet conform , upon an old Locality , Charges my Lady Home for payment , who Suspends , and alleadges that she must be liberat of a Chalder of Victual contained in the Decreet of Locality , because after the said Decreet , a part of the Paroch of Gordoun was dismembred , and Erected in a new Paroch , and the Earl of Home burdened with a new Stipend , and the Minister of Gordoun Liberat of a great part of his Charge ; in consideration whereof , the Minister then incumbent quite a Chalder of his Decreet of Locality , and aquiesced in the rest without ever Demanding any more , and so did his Successors , now by the space of sixteen or twenty years . The Charger answered , that his Predecessors forbearance to Lift that Chalder , cannot instruct his Consent , and though he had expresly Consented , he could not prejudge his Successor , unless that Chalder had been applyed to the new Kirk by Sentence of a Judge . The Lords found the foresaid Reason relevant against the Pursuer in possessorio● ay and while he declare his Right , here it was represented , that the Minister had a sufficient Stipend beside the Chalder in question . Mr. Rodger Hog contra the Countess of Home , December ▪ 11. 1667. MAster Rodger Hog Insisting in his Reduction mentioned yesterday , upon his Inhibition the Countess of Home alleadged , that she had Right from Appryzers , who would exclude the Pursuers Right and Inhibition , and would Defend her self thereupon , and not suffer her Right to be Reduced ex capite Inhibitionis , and might thereby exclude the Pursuer from any Interest . It was answered , that the Reduction being only upon an Inhibition , there are no Rights called for , but Rights posterior thereto , and it cannot prejudge any prior Right , which the Pursuer is content shall be reserved . Yet the Lords Admitted the Defender to Defend upon any prior Right , that might exclude the Pursuers Right . Hunter contra Wilsons , December 13. 1667. HVnter having Charged Wi●sons for payment of 500 Merks , contained in their Bond , they Suspended on this Reason , the Bonds bears expresly , that the same should not be payed , till the Suspender be put in Possession of a Tenement of Land in Glasgow , for a part of the price whereof the Bond was granted , Ita est , they neither were , nor can be put in Possession , because the House was burnt in the Conflagration in Glasgow . It was answered non relevat , because after perfecting the vendition peculium est emptoris , and therefore this being an accidental Fire , wherein the Seller was no wayes in culpa , nor in mora , in respect , that at that time there was a Liferenter living , whose Liferent was reserved in the Disposition . It was answered , that albeit in some cases the peril be the Buyers , yet where there is an expresse obligement , that no payment shall be until Possession , by that expresse Paction , payment cannot be sought . It was answered , that the Buyers had taken Possession after the burning , and had built the House . It was answered , that the Possession of the Ground , cannot be said the Possession of the House , Terra non est Domus , and therefore this being but a small part of the price , in such a calamitous Case , the Suspenders ought to be Liberat thereof . Notwithstanding of all these Alleadgeances , the Lords found the Letters orderly proceeded ; here the Buyer was Infeft before the burning , and did voluntarly take Possession after the burning . Robert Hamiltoun Clerk , contra Lord Balhaven , December 14. 1667. THe Lord Balhaven having Disponed the Barony of Beill to Iohn Hamiltoun , Son to Robert Hamiltoun Clerk , reserving Roberts Liferent , with power to dispose of fou●ty Chalders of Victual at his pleasure , and to set Tacks , for what time and Duty he pleases , and containing an express Provision , that it shall be leisum to Robert to do any Deed in Favour of my Lord Balhaven , and that the Fee shall be burdened therewith , and it is Provided , that all Rights Robert shall Acquire , shall accresce to his Son , who is to Marry Balhavens Oye , and failzying of the Sons Heirs , mentioned in the Disposition , Robert and his Heirs are in the last Termination . Thereafter , Robert enters in a Minut with my Lord Balhaven , by which he is obliged to Accept an hundreth twenty nine thousand Merks , and therefore obliges himself , and as taking burden for his Son , and as Tutor , and Administrator to him , validly , and sufficiently to Denude himself and his Son of their Rights , to any that he should Nominat : but here is a Clause irritant , that if Money , or sufficient Persons to grant Bond to Robert , be not delivered to Robert at Lambmass last , and Payment made of the Money at Martinmass last , that the Right by the Minute should expire ipso facto , without Declarator . The Minute was put in the Duke of Hamiltouns Hand , that if these Terms were not performed , he should Cancel it . Robert Hamiltoun Pursues now a Declarator against Balhaven , concluding that he hath an absolute and irredeemable Right to the Land , by his first Disposition , and Infeftment granted to him and his Son , and that the Clause irritant is Committed , and that thereby the Minute is null , and concludes against the Duke , that the Minut was put in his Hands upon the Terms foresaid , and that he ought to Cancel , or Deliver the same ; the Dukes Advocats suffered him to be holden as Confest , but did not produce the Minute . It was alleadged for Balhaven , no Process till the Minute were produced , for it could not be declared null till it were seen . It was answered , that the Copy of it was produced , and verbatim insert in the Lybel , and the Pursuer craved the Minute in the Terms Lybelled to be declared null , without prejudice to any other Minute , if they could pretend it . The Lords ordained Processe , but ordained the Pursuer before Extract , to produce the principal Minute . It was further alleadged for Balhaven Absolvitor , because the Minute being mutual , there could be no failzie in the Defender , because the Pursuer neither was , nor is able to perform his part of the Minute , in respect the Fee of the Estate is in the Person of the Son , who cannot be Denuded by any Deed of the Father , for as Legal Administrator , he hath no power , neither can any Father , or Tutor Denude a Pupil of their Fee , but there must be interposed the Authority of the Lords in a special Process , instructing a necessar Cause for the Minors Utility , which cannot be in this Case ; and though the Father could Denude the Son , as he cannot , yet he is Minor , and may Revock , and yet it was offered to fulfil the Minut , if the Pursuer would Secure the Defender against the Minors , by real Security , or good Caution . The Pursuer answered , that the Defense ought to be Repelled , because the Defender , the time of the Minut , knew his Right and his Sons , and cannot pretend an impossibility to have made any such Minut upon a ground then palpable and known , and yet contend to keep the Minut above the Pursuers head , but he must either take it as it stands , or suffer it to be declared void . 2dly , The Pursuer is in sufficient Capacity to Denude his Son , by the foresaids Reservations contained in the first Disposition , whereby he has full power to Dispose of fourty Chalders of Victual , and also power to do any Deed he pleased in favours of Balhaven , and there could be no Deed more rational , then to give a Reversion of his own Estate upon payment , of all that the Pursuer had payed to him , or for him . The Defender answered , that this general Clause cannot be understood to be prejudicial to the substance of the Disposition , and special Clauses in favours of his Son , and the Defenders Oye and their Successors . The Lords Repelled the Defense , and declared , but of consent of the Pursuer , superceded to Extract for a time , and appointed two of their Number , by whose sight the ●ursuer and his Son should be Denuded , and the Defender Secured , so that it came to no Debate , whether such a Clause irritant , as this in a Reversion of that which was truely Bought and Sold irredeemably before , and no Wodset could be purged . Iohn Campbel contra Constantine Dougal , Eodem die . COnstantine Dougal having granted a Bond to Iohn Houstoun , bearing that Iohn for himself , and as Administrator for his Son , Constantine Campbel had Lent the sum , and that the same should be payable to the Father , he being on Life , and failzieing him by Decease , to be payable to Constantine his Son , as being his own proper Moneys , and to his Heirs or Assigneys . Constantine Assigns this Bond to Iohn Campbel , who having pursued Exhibition thereof , and it being produced , insists for Delivery . It was alleadged for the Producer , that it ought to be Delivered back to him , because he had right thereto by Assignation from Iohn Houstoun , who in effect was Feear of the Sum , it being Lent to him , and payable to him during his Life , and Constantine his Son was only Heir substitute , as is ordinarly interpret by the Lords , in such Bonds or Sums Lent by Fathers to be payable to themselves , and after their Decease to such Bairns . 2dly , The Father a● lawful Administrator to his Son , might have Lifted the Sum in his Sons Minority , and therefore he might Assign the same . The pursuer answered to the first , that albeit Bonds for Money Lent by Parents , payab●e to themselves , and such Children after their Death , be so interpret , that the Fathers are Feears , yet that is only where the Sums are the Parents own , but this Sum is acknowledged to be the Sons own Money b● the Bond it self . 2dly , Albeit the Father as lawful Administrator might have Lifted the Sum , yet cannot Assign , because that is no proper Act of Administration com●●tent to Tutors , or Administrators , and Executors may uplift Sums , and yet cannot Assign . The Defender answered to the first , that the Money is Lent by the Father , not only as Administrator , but bears expresly for himself , and that these words as being his own Money did not sufficiently prove that it came not from the Father , but that after the ●athers Decease , it would be the Sons Money . To the second , that the conception of the Bond being , expresly to pay to the Father , warranted him to Assign , and the Assign●y being his Procurator , might Lift as well as he , the same way as Assigneies can Lift during the Executors Life . The Lords found the conception of the Bond to constitute the Son to be Feear , and that at le●st the words as being the Sons own Moneys , presumed the same to have been so ab initio , unless it were positively proven , that the Money when Lent was the Fathers , and found that the Fathers Assignation as lawful Administrator , could not exclude the Son , but that point whether the De●tors paying to the Fathers Assigney , during the Sons Pupillarity or Minority , was neither positively alleadged by the Parties , nor considered by the Lords . Iames Paterson contra Homes , December 17. 1667. JAmes Paterson having Charged the Earl of Home , in anno 1662. for payment of a Sum due by his Bond. The Earl suspended , and found one Brunt-field Cautioner , and at the foot of the Bond of Caution , Home of White-●ig Attested the Cautioner , in these Terms viz , I Attest the Cautioner to be sufficient , and subscribes the same , which is Registrat with the Bond it self , and the Extract produced bearing the same , The Suspension being Discust against the Earl of Home , and the Cautioner Charged with Horning ; Paterson pursues the Attester subsidiary for payment of the Debt . It was alleadged for the Defender Absolvitor , because he having but Attested the Sufficiency of the Cautioner ; can be holden no further then a Witnesse , and so can only be found lyable if his Testimony were found false , or that ex dolo , he had Attested a person to be sufficient , not according to his Judgement , but either contrair to his knowledge , or without knowledge of his Condition , at least his Attesting can only oblige him to prove that the Cautioner ( when he Attested him ) was holden , and repute a person sufficient for the Sum , and that he had a visible E●●a●e in Land , Bond , or Moveables . The Pursuer answered , that the Attester behoved to be lyable to him , because ejus facto by the Attestation , the Suspension was obtained , and the Principal being dead without any to represent him , and the Cautioner insolvendo , the At●ester is obliged , de jure , to make up the Damnage falling out by his Deed. The Lords found the Alleadgeance for the Attester relevant , viz. that the Cautioner was holden , and repute sufficient for such a 〈◊〉 , at the time of the Attest to be proven , prout de jure . Lord Abercromby contra Lord New-wark , Eodem die . THe Lord Abercromby having Sold to the Lord New-wark , the Barony of St. Ninians ; there was a fitted Accompt subscribed by them both , in anno 1647. Containing the Sums payed by New-wark , and at the foot thereof , concluding thirty seven thousand Merks to be Due ; but there is no mention made of the Instructions in the Accompt ; the second Article whereof , bears payed to Abercrombies Creditor 30. thousand Merks , where● upon Abercromby alleadges , that seing the Accompt bears not the Delivery of the Instructions , that New-wark at least must produce the Instructions of this Article which is general , for the Bonds of these Creditors are yet above Abercrombies Head , and New-wark makes use of some of them to exhaust the thirty seven thousand Merks Bond at the foot of the Accomp●●● It was answered for New-wark , that after 18. years time , that he was not obliged to Compt again ; but the foot of the Accompt being subscribed by the Pursuer , bea●ing 37. thousand Merks to be only Resting , was sufficient to Exoner him , and the not mentioning of Instructions Delivered , cannot presume , or prove against him , that they are in his hand , else the Accompt signifies nothing , and he must not only Instruct this Article , but all the rest ; neither did he make use of any Bonds to exhaust the foot of the Accompt , but such only , for which Precepts were direct to him , after the Accompt . The Lords found the Defender not lyable to Compt , or produce the Instructions of any of the Articles , unless it were proven by his Oath , or Writ , that the Instructions were retained in his hand . Iohn Auchinleck contra Mary Williamson and Patrick Gillespy , December 18. 1667. MAry Williamson , Lady Cumlidge , having taken Assignation to several Debts of her Husbands , Appryzed the Estate from her Son ; and in September , 1662. Dispones the Estate to her Eldest Son , reserving her own Liferent of the Maines , and Miln , and with the burden of five thousand Merks , for Iohn Auchinleck her second Son ; at the same time her eldest Son grants a Tack to Patrick Gillespy , bearing expresly , that because he was to Marry his Mother , and to possesse the Mains at the next Term , therefore he Sets the Land for an inconsiderable Duty , for a year after his Mothers Death : there was no Contract of Marriage betwixt the said Mary , and the said Patrick , but they were Married in December thereafter , and he possessed it till this time , and now Iohn Auchinleck pursues for Mails and Duties bygone , and in time coming , as having Assignation , to the Reservation granted by his Mother . It was alleadged for Patrick , that as for bygones Absolvitor , because he was bonae fidei Possessor , by vertue of the Reservation in favours of his Wife , belonging to him jure mariti . 2dly , The Assignation made to the Pursuer was most fraudulent , being granted at the time of the Agreement of Marriage , betwixt the said Patrick and his Wife , and there being a Provision granted to the Pursuer of five thousand Merks , the said Mary did most fraudfully at that same time Assigne the Reservation , and so left nothing to her Husband , but a woman past sixty years . It was answered , that where there is a solemn Contract of Marriage , and Proclamation , Deeds done thereafter cannot prejudge the Husband , but here there is neither Contract , nor Proclamation alleadged : and albeit there had been fraud in the Mother , the Son ( being a Boy , and absent ) was no way partaker thereof , and cannot be prejudged thereby . It was answered for the Defender , that he hath a Reduction depending of this ex capite fraudis , and if the Wife could do no fraudful Deed after the Agreement of Marriage , it will thereby be null , whether the Son was partaker or not , unless he had been an Acquirer for an Onerous Cause , and albeit there was no Contract of Marriage in Writ , yet the foresaid Tack evidences an Agreement of Marriage . At Advising of the Cause , the Lords thought this conveyance a very Cheat , and it occurred to them that the Marriage , and jus Mariti is a legal Assignation , and there having been nothing done by the Son to intimat this Assignation , or to attain Possession thereby before the Marriage , the Husband by the Marriage had the first compleat Right , and was therefore preferable , and likewise they found the Husband free of bygones , as bonae fidei Possessor , any found that the Reason of Reduction upon fraud , after the Agreement of the Marriage evidenced by the Tack , bearing the Narrative of the intended Marriage of the same date , with the Pursuers Right , and the Disposition to the eldest Son relevant to Reduce the Pursuers Assignation , in so far as might be prejudicial to the Husband . Sir Thomas Nicolson contra the Laird of Philorth , Eodem die . UMquhil Sir Thomas Nicolson having pursued the Laird of Philorth before the late Judges , as representing his Grand-father , who was Cautioner in a Bond for the Earl Marishal , there being an Interlocutor in the Process , Sir Thomas dying , his Son transfers the Process and insists . The Defender alleadged , that the Bond was prescribed , as to his Grand-father , by the Act of Parliament King Iames the sixth , anent prescription of Obligations , bearing that if no pursute were moved , nor document taken within 40 years , that these Bonds should prescribe ; Ita est , there was no pursute , nor document against the Defenders Grand-father by the space of 40. years , and therefore as to him it was prescribed . The Pursuer answered , that he opponed the Act of Parliament , and Interloc●tor of the Judges in his favours , and offered him to prove that the Annualrent was payed by the Principal Debtor , within these 40. years , and his Discharge granted thereupon , which was sufficient document , and the Pursuer not having been negligent , nor at all bound to pursue , or seek the Cautioners , when he got Annualrent from the Principal , the Obligation of both stands entire . The Defender answered , that the Principal and Cautioners being bound conjunctly and severally , albeit in one Writ , yet the Obligations of each of them was a distinct Obligation , and as the Cautioner might be Discharged , and yet the principal Obligation stand , so the prescription is a legall Discharge , presuming the Creditor past from the Cautioner , seing he never owned him for 40. years , which is most favourable on the part of Cautioners , who otherwise may remain under unknown Obligations for an hundreth years . The Pursuer answered , that albeit there might have been some appearance of reason , if the Persons obliged had been all Co-principals , or bound by distinct Writs , yet whether Writ and Obligation is one , and the Cautioners Obligation thereby but accessory , and the Creditor no way negligent , there is no ground of such a presumption , that the Creditor past from any Party obliged , and the Obligations mentioned in the Act of Parliament , is not to be meaned according to the subtility of distinction of different notions of Obligations , but according to the common Style , and meaning of Obligations , whereby one Writ obliging Principal , and Cautioners , is always accompted an Obligation , which is sufficiently preserved , by payment obtained from the Principal . The Lords adhered to the former Interlocutor , and repelled the Defense of prescription , in respect of the Reply , of payment made of the Annualrents , made by the Principal . Robert D●by contra the Lady of Stonyhil , Eodem die . THe Lady Stonyhil being Provided in Liferent , to an Annualrent of 2800. Merks , her Son pursues her for an Aliment , both upon the Act of Parliament , in respect that the Defuncts Debt was equivalent to all the rest of the Estate , beside her Liferent , and also super jure naturae , as being obliged to Aliment her Son , he having no Mea●● , and she having a plentiful Provision . The Lords in consideration of the newnesse of the Case , and that the Debts that might exhaust the Estate , were most part personal , and no Infeftment thereon , before or after the Defuncts death , recommended to one of their Number to endeavour to agree the Parties . Adam Gairns contra Elizabeth Arthur , December 19. 1667. ADam Gairns as Assigney , Constitute by Patrick Hepburn , pursues Elizabeth Arthur for the Drogs furnished to her , and her Children at her desire ; It was alleadged Absolvitor , because she was , and is cled with a Husband , and the Furniture could only oblige him , but not her . It was Replyed , that she had a peculiar Estate left by her Father , wherefrom her Husband was secluded , and which was appointed for her Entertainment , that her Husband was at that time , and yet out of the Countrey , and hath no Means . The Lords found the Reply R●levant Arc●ibald Wils●n contra the Magistrats of Queens-ferry , Ianuary 2. 1668. ARchibald Wilson being Elected on of the Baillies of the South Queens-ferry , and being Charged to Accept , and Exerce the Office , Suspends on this Reason , that by the 29. Act , Parliament 5. King Iames the 3. No Magistrate of Burgh is to be continued in Office longer then one year , and by a particular Act of that Burgh , no Magistrat is to continue above two years ; and true it is that the Suspender hath served as Baillie two years already . It was answered , that the Act of Parliament is long since in desuetude ; and as to the Act of the Burgh , the Election of the Suspender being done by them , who have power to make that Act , is in effect an alterationt hereof , and this Burgh being poor , and penury of persons to Serve , it will dissolve the same , and discourage all others to Serve , if the Suspender be Liberat. The Lords found the Reasons of Suspension relevant●● and found that the Suspender could not be compelled to serve longer then one year at once in the same Office. Dow of Arnho contra● Campbel of Calder , Ianuary 4. 1668. DOw of Aricho having pursued Campbel of Calder , as Heir to his Father , for payment of a Bond , wherein his Father was Cautioner , for the Marquess of Argyl , the Bond bore but one Witnesse to Calders subscription ; and George Campbel one of the Witnesses being Examined if he saw him subscribe , Deponed negative , but that it was Calders hand Writ to the best of his knowledge ; there was also other writs produced , subscribed by Calder , to compare the subscriptions . The Lords would not sustain the Bond , having but one Witnesse insert to Calders subscrsption , upon the foresaid Testimony , and Adminicles . Mr. Iohn Forbes contra Innis , Ianuary 1. 1668 : MAster John Forbes as Assigney to Margaret Allerdes , having obtained Decreet of Removing against Margaret Innis , for Removing from the Lands of Savet , wherein the said Margaret Allardes is Infeft in Liferent , which being suspended . It was alleadged , first , That this pursu●e is to the behove of Margaret Allerdes , who could not obtain a Removing against the Defender , because the Defenders Husband being Infeft , by the said Margaret Allardes Husband , and Author of the Lands of Savet principally , and of the Lands of Govan , and others in Warrandice . The said Margaret Allardes did consent to the Disposition of the Warrandice-lands , by which she obliged her self to do no Deed in the contrair of that Right , and is also bound in Warrandice with her Husband , ita est her pursuing this Action is a Deed in prejudice of the Right of Warrandice-lands , in so far as thereby the Person having Right to the principal Lands , upon Eviction recurrs upon the Warrandice-lands , and so the Consenters own Deed prejudges the same . It was answered , that by Deeds contrair to Warrandice , were only understood , some Right granted by the Disponer , or Consenter , in prejudice of the Right consented to , but no wayes a pursute upon any other Right of the Consenter , for it were against Reason and Justice , that a Purchaser , to make himself secure , requiring a Wifes consent to Lands to which she had no Right , either Principal , or in Warrandice of other Lands , that her Consent should prejudge her , as to her Liferent lands , of which there was no mention ; and as to her Personal Obligement to Warrand the Lands wherein she was never Infeft , it is null , and can never oblige her , being a Wife . The Lords found that this Warrandice did not oblige the Wife , and that her Consent did not hinder her to pursue upon her own Liferent , albeit ex consequente , her pursute excluded one having a posterior Right to her Liferent-lands , who thereupon had recourse to the Warrandice-lands , to which she Consented , seing she had granted no Right prejudicial to the Right Consented to . It was further alleadged , that the said Margaret Allardes agreed with the Person having Right to her Liferent-lands , principally that she should accept the Warrandice-lands , in stead of her Liferent-lands , which excambion putting the Right of the Warrandice-lands now in her Person , she who consented to the Right thereof , can never come in the contrair of her own Consent to prejudge the same . It was answered , that a Cons●nt cannot exclude any supervenient Right of the Consenter , but only such Rights as the Consenter had the time of the Consent , it is true , that a Disponer with absolute Warrandice , if he acquire a Right , it accresces to his Successor , but it is not so in a Consenter , whose warrandice is not found to be Obligator , further then as to the Rights in the Consenters Person at that time . Which the Lords Sustained . It was further alleadged , that the Pursute as to the behove of the Heir of the Disponer , of the Lands in question , whose Predecessor being bound in absolute Warrandice , he can make no use of no Right prejudicial to his Warrandice . 2dly , Albeit he be not Heir , yet he hath behaved himself as Heir , and thereby is lyable to fulfil the Defuncts Warrandice , and so cannot come against it . It was answered , that behaving as Heir , being a vitious passive Title , is not sustainable by way of exception in this case . The Lords Sustained the same , and found both members of the alleadgeance relevant . Margaret Forbes contra 〈…〉 Eodem die . MArgaret Forbes having granted a Tack of her Liferent-lands to 〈…〉 bearing expresly for payment of such a Sum of Money , and bearing to endure for 19. years ; she did receive a Back-bond of that same Date , bearing , that so soon as the Sum was payed , the Tack should become void ; the Tack coming to a singular Successor , she pursues him for Compt and Reckoning , and Removing , and insists upon the Tenor of the Tack , and Back-bond . It was alleadged for the Defender , that the Back-bond did not militat against him , being a singular Successor , neither being Registrat , nor Intimat to him before his Right , in respect the Tack is a real Right , and no Obligement or Provision of the Tacks-man can prejudge a singular Successor . The Lords Repelled the Defense , and Sustained Processe against the Defender , in respect of the Tack , and Back-bond . The old Lady Clerkingtoun contra Clerkingtoun , and the young Lady , Ianuary 9. 1668. THe old Lady Clerkingtoun being Infeft in an Annualrent of seven Chalders of Victual , out of the Mains of Clerkingtoun , for thirty six years bygone ; she pursues a Poinding of the ground . It was answered for the Laird and his Mother , that the Pursuer having been so long out of Possession , cannot make use of a Possessory Judgement , but must first declare her Right . 2dly , The young Lady is also Infeft in an Annualrent , and hath been ( by vertue thereof ) more then seven years in Possession , and so hath the benefit of a Possessory Judgement , till her Right be reduced , and cannot be Dispossest by the old Ladies posterior Infeftment . The Lords Repelled both the Defenses , and found that an Annualrent is debitum fundi , and is not excluded by Possession of a posterior Right , and needs no Declarator , and that an Annualrent hath not the benefit of a possessory Judgement , against a prior Annualrent . The Laird of Glencorsse younger , contra his Brethren and Sisters , Ianuary 10. 1668. THe Laird of Glencorsse having Married his eldest Son , and having Disponed to him his whole Estate , with Warrandice after the Disposition , he did Deliver certain Bonds of Provision in favours of his other Children , unto these Children , whereupon they Appryze the Lands Disponed to his Son : in this Contract there was a Liferent reserved to the Father , and nine thousand Merks of Tocher payed to the Father . The Son pursues a Reduction of the Bairns Infeftment , and Bonds , in so far as might be prejudicial to the Disposition granted to him , upon this Reason , that the Bonds were no delivered Evidents before his Disposition . It was answered , that they were valide , though not Delivered , because the Fathers Custody was the Childrens Custody , especially they being in his Family , both at the time of the Subscribing of the Bonds , and of the making of this Disposition ; and it was ●ever contraverted , but that Bonds granted by a Father to his Children , though never Delivered during his Life , but found amongst his Writs after his Death , were valide both to affect his Heirs , and Executors . The Pursuer answered , that his Reason of Reduction stands yet relevant , notwithstanding the answer , because , albeit it be true , that Bonds , Dispositions , and Provisions in favours of Children are valide when they are Delivered by the Parents in their Life , or if they have remained uncancelled in their Hands till their Death , yet till Delivery , or Death , they are still pendent Ambulatory Rights , and may always be recalled at the pleasure of the Granter , and any Deed done by him , expresly recalling them , or clearly inferring his mind to recall them , doth annul them before Delivery , ita est , the Pursuers Disposition bearing expresse Warrandice against all Deeds done , or to be done by the Father , granter of these Bonds , doth evidently declare his mind , that his purpose was not , that these Bonds should affect these Lands , otherwise he would either reserve the Bonds , or a power to burden the Lands , and if this were Sustained , no Contract of Marriage , Disponing the Fee to a Son , could be secure , it being easie to grant such Bonds , and to keep them up above the Sons Head , and therewith to affect the Fee ; yea , it would be sufficient against any Stranger , unlesse it were for an Onerous Cause . 2kly , There is not only a Revocation , but these Provisions were no Debt of the Fathers , prior to the Sons Disposition , or Delivery , for albeit the date be prior , yet the time of their becoming a Debt , is only Death , or Delivery , and therefore , all Debt contracted , or Deeds done by the Father before his Death , or Delivery of the Bonds , are prior as to the Obligation thereof , to the Bonds , so that the Sons Disposition is truly prior as to its Obligations , to these Bonds . The Defender answered to the first , that albeit such Bonds be Revocable before Delivery , yet here there is no expresse Revocation , but only presumption inserred , from the Fathers giving a posterior Disposition , which is no sufficient ground , either ●rom the Disposition , or the Warrandice , for the Fathers mind might have been , that he would endeavour ( out of his Li●erent , or Moveables ) to Portion his Children , and so would not absolutely Burden the Fee ; but yet in case he should Die , or not be able to do it , he would not Revock the Bonds , even as to that Right , which is much rather to be presumed , as being much more rational , and probable , seing there is not any Provision , or power of Provision reserved in the Contract , neither is there any competent way alleadged for providing of three Children , but if this Sole presumption be sufficient , though a Father should Dispone his whole Estate , without any Reservation of Children , or to be so inconsiderat , as not to except his Aliment , all prior Provisions for his Life-rent ( undelivered ) should cease , and become ineffectual , contrair to that Natural obligation of Parents to provide their Children , against which , no presumption can be prevalent . As to the other ground , Provisions , though not Delivered , can be in no worse case then Bonds delivered with a Condition , that the Father might recall the same , which would be valid from their Date , if they were never actually recalled , and so must Bonds of Provision be , at least as to gratuitous Deeds after their Date , though before Delivery , as if a Father should grant Bonds of Provision to many Children at once , and should Deliver some of them before the rest , if he had not Means sufficient to pay all , the Bonds first Delivered , could not be thought to exhaust his whole Means , and exclude the other Bonds of Provision , but all would come in pari passu , according to their Dates , except their Diligence alter the Case . The Lords ( notwithstanding of what was alleadged ) found the Reason of Reduction relevant , and that the undelivered Bonds of Provision , though prior in Date , yet posterior in Delivery , could not affect the Fee interveening . Here there was much alleadged upon the Onerosity of the Pursuers Disposition , which came not to be considered in the Decision . Grant contra Grant , Ianuary 11. 1668. WIlliam Grant of Markinsh pursues a Tutor Compt , against Iohn Grant of Ballandallock his Tutor , in which these points being reported to the Lords , whether the Tutor were lyable for the value of Services of the Pupils Tennents , by Harrowing , Plowing , and Shearing , &c. And for which the Tutor received no Money , but the Services in kind . The Lords found the Tutor not Comptable therefore , because he could not force the Tennents to pay any price for the same . And as to that point , the Tutor being super-expended , the Pupil might be Decerned upon the Pupils own Process , against the Tutor , without a distinct Process at the Tutor instance . The Lords found he might . Parkman contra Captain Allan , Ianuary 14. 1668. CAptain Allan having obtained a Decreet against Parkman a Swede , Adjudging his Ship Pryze upon these Grounds , that she was Sailed with three persons of her Company being Hollanders , and Danes , being then the Kings Enemies , and because she had carried of the Enemies Goods from Bergen in Norway , to Amsterdam , from whence , having gone to France with Ballast , and being Loaden there with Salt , she did also carry in to France six Barrels of Tar , which was sold in France , as appears by an Accompt betwixt the ●kipper and his Factor in France , bearing so much to be payed of the Kings and Towns Custom of the Tar , which necessarly Imports that it was sold there ; likewise she carried in Stock-fish , being Commeatus , and Counterband Goods , so that having sold several Lasts of Tar in Holland , and these Barrals , and Stock-fish in France , which are clearly Counterband Goods , and being taken in her return from France , having in her the product of these Counterband Goods , whereupon she was j●●tly declared Prize , conform to the Lord Admirals Commission , ordaining Ships of Allies to be taken , having in Enemies Goods , or Counterband Goods , or the return of Counterband Goods . Parkman raised a Reduction of this Decreet , on these Reasons ; first , That the Crown of Sweden , not only being an Allie to the King , but having a Solemn Treaty with him ; in the second Article whereof it is specially agreed , that the Subjects of Sweden having Passes from the Governour of the City , or Province where they Louse , or from the Colledge of Trade , bearing that Faith had been made , that the Ship , men and Goods did belong to the Swede , and none other ; and that they had therein no prohibit Goods , that such a Passe being shown in any Ship , there should be no further search , or inquiry in the Men or Goods , the like whereof is granted to the Kings Subjects , either King trusting the Governours of the other in that matter ; by which Treaty also , Counterband Goods are determined , amongst which , Tar or Stock-fish are no particulars , ita est , Parkman had a Passe when he Loused from Sweden , conform to the Treaty , likeas there is a second Passe sent over-land to him , when he Loused from Amsterdam to France , which being shown to Captain Allan at the seasure , he ought not to have taken him , or enquired any further , nor can he now make it appear that Parkman hath transgrest the Treaty , and as to the three Men of his Company , one was hired in Denmark , and two in Holland upon necessity , so many being wanting of his necessary Company by Death , or Absence there , so that what he did of necessity , and not to advance the Interest of the Kings Enemies , can be no Delinquence . 3dly , Whatever might have been alleadged against him , if he had been taken with Enemies Goods Aboard , or with Counterband Goods , which are such by the Swedish Treaty , yet he was seased , having none of the Goods Aboard , nor the product thereof , but of his Fraught , and upon the accompt of his Owners in Sweden he could not be Pryze , because there is nothing in the Treaty , bearing that Ships should be Pryze , not having actually in them Enemies Goods , nor Counterband Goods , but the product , or return thereof ; neither doth it appear that he sold any Tar in France , for the Entering of the Tar , or paying Custom , will not necessarly Import it was sold , but his Factor might have unwarrantably put up that Article , which being wholly inconsiderable he did not contravert , and by the same papers taken Aboard , it did appear , that at his Lousing from France , he had the same quantity of Tar , which was inconsiderable , and necessar for the use of his Ship , being an old Ship , and two Barrels was found Aboard when she was taken , and some part behoved to be allowed for the use of the Ship , so that at most there could be but one or two small Barrals of Tar sold , which is inconsiderable , and could be no ground for declaring an Allie Pryze , nam de minimis non curat lex , and as to the Stock-fish , or any Commeatus , or Provision , quae habent promiscuum usum in bello & pace , they are only Counterband , when they are carried in to relieve a beseiged place , or to these that could not subsist without them , according to the Reason and Opinion of Grot●us de jure belli , lib. 2. cap. de his quae in bello licent . It was answered for Captain Allan , that the Reasons of Reduction ought to be Repelled , because albeit Parkman got a Passe from Sweder , conform to the Treaty , and according thereto came from Sweden to Denmark , in which Passage he was not challenged , but having engadged in Denmark to serve the Danes , then the Kings Enemies , he did unquestionably carry merces hostium , from Denmark to Holland , and eight or nine Last of Tar , which is Counterband , beside the six Barrels of Tar carried from Holland to France , and Entered , and sold there , and the Stock-fish , and albeit Tar be not enumerat as Counterband in the Swedish Treaty , yet it is comprehended in the general Clause of alia instrumenta bellica , for there is no more eminent Instrument of War , not only for shipping , but for all Engines of War , and suppose that ( by the Swedish Treaty ) Tar were not Counterband , yet that Treaty can be only extended to the Subjects of Sweden ; Trading to and from Sweden , but not to Warrand them to carry these things ( which de jure communi , are Counterband ) from any other Countrey then their own , to the Kings Enemies , so to partake with the Kings Enemies to his Detriment . And as to the second Passe send to Holland , it is no ways conform to the Treaty , but is most grosse and inconsistent , bearing not only the Ship to belong to the Swedes , but also all the Goods input , or to be input in her to belong to them , and to be free Goods , without expressing any particular : as to the return of Enemies Goods , or Counterband Goods , that it is a ground of seasure , being the immediat return , and the Captains Commission granted by the Admiral , bearing so much expresly , and the Instructions given by the Council in a former War , anno 1624. which were sufficient Warrand for the Captain to sease , and are founded upon evident Reason , viz. That the Kings Allies are Neuters , having assist his Enemies with Counterband Goods , it is a Delinquence deserving that the Delinquent should be seased as an Enemie at any time , and yet the Kings Commission hath mitigat it , only to be in the return of that same Voyage , wherein the Counterband Goods were carried , for if an Allies Ship having Counterband Aboard , were taken in her Voyage to an Enemies Port , she might more reasonably pretend that intention was alterable , and no Crime until actually she had Disloaded in the Enemies Port , but could have no pretence if she were waited till immediatly after she came out of the Port , although then the Enemies Goods , or Counterband Goods were not Aboard . The Lords upon a part of this Debate , having formerly written to my Lord Secretary , to know the Kings mind whether the Swedes , by their Treaty , might carry from other Countreys , that which was de jure communi Counterband , albeit not Counterband by their Treaty , his Majesties answer was negative , whereupon the Lords proceeded to consider whether Tar was Counterband , de jure communi , they found it was , but did not find the Stock-fish Counterband , except in the case of a siege , to which point Secretary Morish Letter was produced , in relation to the Custom of England , and having also considered the Proclmation of War , in which there is no mention of returns , but only a Warrand to sease Ships belonging to Enemies , having in them Enemies Goods , or Counterband Goods , and having also considered the Admirals Commission , which extends only to the return of Counterband Goods , and not to the return of Enemies Goods ; and it being offered to be proven positive , that by the Custom of England , no seasure is sustained upon returns , but only when Enemies Goods or Counterband are actually taken Aboard ; they were unclear whether seasure should be sustained in any other case upon returns , and therefore ordered an other Letter to be written to the Secretary , to know the Kings Mind , and the Custom of England in that point before answer , and ordained the opinion of some Merchants to be taken , whether Parkmans Ship Fraught in Norway to Holland , and Disloaden there , and thence going to France with Ballast , not upon the account of the former Fraught , but the Owners , if it should be accounted one Voyage , or two , so that the return from France , might be accounted the immediat return of the Voyage to Holland . In this Processe the Lords , by a former Interlocutor , had found the taking on of the Men , as they were qualified and proven , to be no ground of seasure . Dowgal Mcferson contra Alexander Wedderburn , Eodem die . DOwgal Mcferson having Charged Alexander Wedderburn of Kingennie , Provost of Dundee , for payment of a Sum of Money , he Suspends on this Reason , that the Sum was payable to Dowgal and his Wise in Liferent , and contained a Clause of premonition , and Requisition , and the Sum to be Consigned in the Hands of the Dean of Gild of Dundee , which was Consigned accordingly . The Charger answered , that he offered to prove by the Suspenders Oath , that he took up the Money from the Dean of Gild , and therefore he must re-produce the same , with the Annualrents thereof since the Consignation . It was answered , that it being the Chargers fault , that the Suspender was put to Consigne , because he had not a Discharge granted by his Wife judicially , that therefore he could not be lyable for Annualrent , in that he uplifted the Soum , unlesse it were proven he had made Profit thereof , but he offered to Depone , that he had all the Money still lying by him , and got no Profit of the same , and that he ought to have uplifted , in regard he was lyable for the hazard of the Consignation . The Lords found the Suspender lyable to produce the Money Consigned , with the Annualrent since , seing he uplifted the same without difference , whether he made Profit or not . The Baillie of the Regality of Killimure contra Burgh of Killimure , Eodem die . THe Heretable Baillie of the Regality of Killimure having Conveened , and Amerciat a Person in the Burgh , they Suspend on this Reason , that the Burgh being a Burgh of Regality , having its own Magistrats Inhabitants , are only lyable to the Jurisdiction . It was answered , that the Burghs Jurisdiction being granted by the Lord of Regality , is only cumulative , and not exclusive of the Lord of Regality , or his Baillie , in the same way , as the Jurisdiction of all Vassals is not exclusive of their Superiors Jurisdiction , for the Burgh are Vassals Holding of him , and therefore est locus preventioni , and the first Citation , without negligence , is preferable . Which the Lords found Relevant . Earl of Argyle contra George Campbel , Ianuary 15. 1668. THe Earl of Argyle pursues George Campbel , to Remove from a Tenement of Land in Inerera , who alleadged no Processe , because the Pursuer produces no Infeftment of this Burgh , or Tenement therein . The Pursuer answered , that he produced his Infeftment of the Barony of Lochow , and offered him to prove , that this is part and pertinent of the Barony . The Defender answered , that this Burgh cannot be carried as part and pertinent , but requires a special Infeftment . first , Because by the late Marquess of Argyls Infeftment , in anno 1610. produced , this Burgh is exprest , and not in the Pursuers Infeftment . 2dly , Because in the Pursuers Infeftment , there is exprest particulars of far lesse moment . 3dly , Because a Burgh of Barony is of that nature , that cannot be convoyed without special Infeftment . The Pursuer opponed his Infeftment of the Barony of Lochow , which is nomen universitatis , and comprehends all parts of the Barony , although there were none exprest , and therefore the expressing of this particular in a former Charter , or lesse particulars in this Charter derogat nothing , it being in the Pursuers option to expresse none , or any he pleases ; and albeit in an Infeftment of an ordinary Holding , without Erection in a Barony , Milns , Fortalices , Salmond Fishings , and Burghs of Barony cannot be conveyed under the name of part and pertinent , yet they are all carried in baronia , without being exprest . The Lords Repelled the Defence in respect of the Reply , and found that this being a Barony , might carry a Burgh of Barony , as part and pertinent , though not exprest , albeit it was exprest in a former Infeftment , and lesser Rights expressed in this Infeftment . The Defender further alleadged no Processe , because the Pursuers Infeftment is qualified , and restricted to so much of the Estate , as was worth , and payed yearly fifteen thousand Pounds , and the superplus belongs to the Creditors , conform to the Kings Gift , likeas the King granted a Commission to clear the Rental , and Set out the Lands to the Pursuer , and to the Creditors , who accordingly did Establish a Rental , wherein there is no mention of the Lands of Innerera , and therefore they cannot belong to the Pursuer . It was answered for the Pursuer , that he oppones his Infeftment , which is of the whole Estate , and whatever Reservation be in Favours of the Creditors , it is jus tertij to the Defender . It was answered , that the Defenders Advocats concurred for a number of the Creditors , whom they named , and alleadged that they would not suffer the Defender to be Removed , seing they only can have Interest to these Lands in question . The Pursuer answered , that the Creditors Concourse or Interest was not Relevant , because they have no Real Right or Infeftment , but only a personal Provision , that this Pursuer shall dispone , and Resigne the superplus of the Estate in their Favours , or otherwise pay them eighteen years purchase therefore at his option , whensoever they shall insist Via actionis , the Earl shall declare his option , but they having no Infeftment cannot hinder the Donatar to Remove , Parties having no Right , which is the Creditors advantage , and cannot be stopped by a Few of them , likeas the whole Barony of Lochow is Set out by the said Commission , to the Pursuer himself , conform to their Sentence produced . The Lords did also Repel this Defence , and found that the Provision in Favours of the Creditors , could not stop this Removing . Earl of Kinghorn contra the Laird of Vdney , Eodem die . THe Earl of Kinghorn pursues the Laird of Vdney , as representing his Father , to Denude himself of a Wodset Right , granted by the late Earl to the Defenders Father , conform to the Defuncts Missive Letter , acknowledging the Receipt of the Sums of the Wodset , and obliging himself all written with his own Hand , and craved that the Defender might Enter , and Infeft● himself in the Wodset , and Resigne in Favours of the Pursuer , that the Lands might be purged thereof , and insisted against the Defender ▪ first , As lawfully Charged to enter Heir , who offered to Renunce to be Heir . The Pursuer answered , he would not suffer him to Renunce , because he offered him● to prove that he was lucrative Successor by the Disposition of the Lands of Vdney , whereunto their is an expresse Reservation in Favours of his Father , to Dispone , Wodset , and grant Tacks , and therefore any Deed done by his Father , behoved to affect him , at least the Fee of the Estate ; so that albeit this Letter be posterior to the Disposition of the Estate , it must Burden the same , and the Defender quoad valorem . 2dly , The Letter produced , acknowledges a Wodset , and payment made , and it is offered to be proven , that the Letter was anterior to the Disposition of Vdney , so that by the Receipt of the Wodset Sums , the Defunct was ( by the Nature , and Tenor of the Rights of Wodset ) obliged to Resign in Favour of the Pursuer , and therefore the Defender Succeeding to him by this Disposition , after that obligement , to Denude himself ▪ upon payment is obliged as Successor , titulo lucrativo post contractum debitum , to Denude himself , and that the Wodset was prior to the Disposition of Vdney , was offered to be proven . The Defender answered , that the provisions in his Infeftment could never affect him , nor the Estate , because there was nothing in the provision , that the Estate should be lyable to the Debts contracted by the Defunct thereafter , but only that he might Dispone , or Wodset , or Redeem for an Angel , and it cannot be subsumed , that the Letter produced doth import any of these , but at most a personal obligement . 2dly , Albeit it were notour , that there had been such a Wodset before the Defenders Disposition of his proper Estate , yet it behoved to be also instructed , that it was payed before that Disposition , but his Fathers Missive after his Disposition , could never instruct that it was payed , or payed before , and yet the Defender offered to Renunce all Right he had to the Wodset Lands , or to suffer an Certification , and Improbation to passe against the same , seing they are not extant or produced , or to consent that the Lords would declare upon the Letter , that the Wodset thereby was Redeemed , and Extinct , which last the Pursuer would have accepted , providing the Defender would give a Bond of Warrandice for his Fathers Deed , and his own , which the Defender refused . The Lords proceeded to determine the Point in jure ; and as to that Point anent the provision , in the Defenders Infeftment , some were of opinion , that any Debt contracted by the Father , would affect the Estate , others thought not , there being no provision to contract Debt , but to Wodset or Dispone , which was not done , and all agreed , that the Case being new , and now very frequent , required a more accurat Debate ; but the Lords found that the Defenders Father , having by his Letter acknowledged the Wodset , and the payment thereof , to which Wodset the Defender had no Right , that any grant of Redemption by the Father ( after his Disposition to his Son ) was probative against the Son , and that the Letter being proven Holograph , did instruct the Wodset to be payed , and therefore sound it relevant to the Pursuer , to prove that the Wodset was before the Defenders Disposition , and that it did import a conditional obligement , that the Father should Resign upon payment , and that the Sons Disposition being after the Wodset , he was lucrative Successor , after that obligation contracted by the Wodset . Captain Strachan contra George Morison , Ianuary 17. 1668. CAptain Strachan having obtained Decreet before the Admiral , against George Morison for wrongous Intromission of a Loadning of Wine , belonging to the Pursuer , in anno 1638. which was brought home by him , in the Ship called Stulla , whereof he had an eight part , and the Defenders the rest ; and the Pursuer being Skipper , did upon his own Credit buy the Wine , and having brought it home , the Ship was broken at Newburgh , and Loadning was medled with by the Defenders , whereupon they are Decerned to pay conjunctly and severally . George Morison raises Reduction on two grounds . first , That the Decreet was unjust , in so far as the Defenders were Decerned in solidum , each for the whole . 2dly , That there was no probation of any of their Intromissions , but upon the Testimony of one Witnesse , and Captain Strachans own Oath taken in Supplement . It was answered to the first Reason , that the whole Intrometters were justly Decerned in solidum . first , Because this was in it self a Spuilzie ; and albeit the Defender did not insist within three years , yet he ought not to be excluded , because he was in the Kings Service all the time of the trouble , and fled the Countr●y at the time of this Intromission . 2dly , Because the prescription of the priviledge of Spuilzie is only in relation to violent profits , and the Oath in litem , and these are only lost , if pursute be not within three years , but the Parties being all lyable in solidum is not lost , for the Intromission remaines still a wrongous Intromission , and is not in the same case as a Vindication , and Restitution of Goods in the Defenders hands , without Violence or Vice , and in many cases correi , are lyable in solidum , as Tutors , or where the Intromission is joynt , or promiscuous , for it were against reason , if there were many vitious Intrometters , that the particular Intromission of each of them behoved to be proven , which oft times is impossible , as in the same case , and likewise socij are lyable in solidum , and here was a co-partnery betwixt these Parties . It was answered for Morison , that there was three years elapsed since the Kings Restauration before any pursute , and though that had not been , there is nothing that can stop that short prescription , and therefore infancy or minority hinders not the course thereof , and in this case the Decreet in question restricts to wrongous Intromission . As to the second , all the priviledges of Spuilzie are lost by the prescription ; and it was never found at any time , that in wrongous Intromission , the Parties were all lyable in solidum , especially where the thing Intrometted with was divisible , as Wines ; and as to the alleadged co-partinery there was nothing Lybelled thereon . The Lords did not consider the poynt of co-partinery , but found that in wrongous Intromission , each Intromettor was not lyable in solidum , but a joynt Intromission proven against many , did in●er against each of them , an equal share , unlesse the Pursuer proved that they Intrometted with a greater share , and found not a necessity to prove against each of them the particular quantity of their Intromission . Walter Stuart contra Robert Acheson . eodem die . WAlter Stuart as being infeft in the Baronie of North-Barwick , and being charged for the whole Taxation thereof , Charges Robert Acheson for his Proportion , according to the Stent Roll , who Suspends on this Reason ▪ that his Interest is only Teinds , which is only applyed to the Ki●k , whereof he produces the Bishops Testificat , and therefore by the exception of the Act of Convention he is free . The Charger answered non relevat , because the Suspender ought to have conveened at the Dyet appointed , by the Act of Convention , for making of the Stent Roll , and there have instructed that his Teinds were exhausted , wherein having failzied , and being taxed , no other could pay for him , neither could the King lose that proportion . It was answered , that he had no interest to conveen , the Minist●r having the only Right to his Teinds . The Lords Repelled the Reason , and adhered to the Stent Roll , but prejudice to the Suspender , to seek his relief of any Partie he pleaseth , as accords . Mr. Andrew Brown contra David Henderson , and Thomas George , Ianuary 18. 1668. MAster Andrew Brown granted a Bond of 700. Merks , blank in the Creditors Name to George Short , wherein the Name of David Henderson is now filled up . Thereon George having Arrested all Sums due to Alexander Short in the hands of Mr. Andrew Brown , he raises a double Poynding , wherein the Competition arises betwixt the Arrester , and the the Person whose Name is filled up in the blank Bond. It was alleadged for the Arrester , that he ought to be preferred , because he Arrested Shorts Money , and at the time of the Arrestment , this Bond having been Delivered to Short blank in the Creditors Name , Short was Creditor ay and while , not only another Name were filled up , but also an Instrument of Intimation were taken thereupon , for Shorts filling up of the Name of Henderson , is no more then an Assignation , which requires Intimation , and is excluded by an Arrestment before the Intimation , albeit after the Assignation . It was answered for Henderson , that there needed no Intimation to the filling up of a Creditors Name in a blank Bond , which was never required by Law nor Custom , and his Bond being now in his own Name , nothing could prove that it was blank ab initio , or that it did belong to Short , but Hendersons own Oath , in which case it would be sufficient for him to Depone qualificat● , that the Bond indeed was blank ab initio ; and delivered by the Debtor to Short , and by Short to him , and his Name filled up therein before the Arrestment , or at least that before the Arrestment , he had showen the Bond filled up to the Debtor , which is equivalent , as if he had given back the first Bond , and gotten a new Bond from the Debtor , after which , no Arrestment ( upon account of the prior Creditor ) could be prejudicial to him , ita est , he hath done more , for he hath proven that before the Arrestment , the Bond was produced● and shown to Birny the Debtor . It was answered , that in a former case , in a Competition of the Creditors of Alexander Vetch , the Lords found that the Arrestment laid on , before Intimation of the filling up of a blank Bond , preferred the Arrester , and that otherwise Collusion could not be evited with these blank Bonds , to exclude and to save Creditors Arresting . The Lords preferred Henderson , whose Name was filled up , and presented to the Debtor before the Arrestment ; for in Vetches Case there was nothing to instruct that the Bond was truely filled up , and presented to the Debtor before the Arrestment ; and they found the filling up , and presenting thereof sufficiently proven by the Witnesses , taken ex officio . Pollock contra Pollock and Rutherfoord , Eodem die . UMquhil Iohn Pollock in the Cannongate , having given a Bond to Iames Pollock his Son of 5000. Merks , he pursues Robert Pollock the Heir of Line , and Pollock , Heir of the second Marriage , for payment . The Heir of Line Compearing , Renunced : whereupon the Pursuer insisted against the Heir of Provision , who alleadged no Process , till the Heretage be falling to the Heir of Line were first discust , and condescended upon the Heirship Moveable . The Pursuer answered , there could be no Heirship in this Case , because the Heir of Line had Renunced all he might Succeed to by his Father , Heretable , or Moveable , in Favours of his Father , his Heirs and Executors bearing expresly , that his Wife , and his Bairns of the second Marriage should have the whole Right : Ita est , Rutherfoord ; the Wife had Confirmed the whole Moveables promis●ue , without exception of Heirship , and therefore the Heir of Line himself ( if he were Entered ) could claim none . It was answered , that the Renunciation of the Heir apparent of Line , being in Favours of his Father , after his Fathers death , it returned back to him from his Father as Heir of Line again , and could go to no other Person , neither thereby could the Heretable Moveables belong to the Executor . The Lords found the Renunciation sufficient to exclude the Heir of Line from the Heirship Moveable , and that they did thereby belong to the Fathers Exe●utor , therefore found no further necessity to discusse the Heir of Line , and Decerned against the Heir of Provision . Grissel Stuart contra the Laird of Rosyth her Brother , Ianuary 21. 1668. UMquhil Rosyth gave a Bond of Provision to his Daughter Grissel Stuart of 10000. pounds , payable at her age of 17. years , with an Obligement to Entertain her in the mean time , but no Obligement of Annualrent ; she pursues her Brother ( as representing her Father ) for Implement , and having Lived with her Uncle a part of her Fathers time , and alleadging that she was hardly used by her Step-mother , she craves Aliment for that time of her Fathers Lifetime , and for six , or seven years since his Death , or craved Annualrent for her Sum. The Defender alleadged Absolvitor , as to the Annualrent before her Fathers Death , because she ought to have continued in her Fathers Family , and there neither is , nor can be alleadged any just Cause wherefore she should have deserted the same . 2dly . Absolvitor from Annualrent , or Entertainment since her age of 17. years , because the Bond bears Entertainment till that age , and no Entertainment , or Annualrent thereafter . 3dly , She does not , nor cannot alleadge that she payed out any thing for Entertainment , but was Entertained gratis by her Uncle . The Lords found this no ground to exclude her from Aliment , and found Aliment due after the Term of her Bond , as well as before , but not Annualrent , and modified six hundreth Merkes per annum , without allowing any thing for the year her Father Lived , but modified the more largely , it being unfit to Dispute the necessities of her Removal . Ianet Schaw contra Margaret Calderwood , Eodem die . JAnet Schaw pursues a Reduction of a Liferent Infeftment , granted to Margaret Calderwood by the Pursuers Father , as being in lecto . The Defender alleadged no Processe , because the Pursuer was not Heir the time of the Disposition , but another Heir appearand , who never Entered . The Lords Repelled the Defence . The Defender alleadged that this being an Liferent Infeftment to her by her Husband , and but of a small value , it was valide , and the Husband might Discharge that natural Debt of providing his Wife on Death-bed , she having no Contract of provision before , The Pursuer answered , that the Defender might take the benefit of her Terce , which is her legal Provision , beyond which , a Deed on Death-bed ( in prejudice of the Heir ) is null , and this Liferent is of the Husbands whole Estate , and yet the Pursuer is willing it should stand , it being restricted to a third of the Rents of the Lands . The Lords Sustained the Infeftment only for a third . Mary Dowglasse Lady of Wamphray , contra the Laird of Wamphray , Ianuary 22. 1668. UMquhil Wamphray having Infeft his Lady in two thousand Merks of Liferent yearly , by her Contract of Marriage , out of certain Lands therein mentioned ; and being obliged to pay her , as well Infeft , as not Infeft , and to warrand the Lands to be worth two thousand Merks of Free Rent . She pursues this Wamphray for payment , who alleadged Deductions of publick Burdens . It was answered , that an Annualrent was not lyable to publick Burdens ; for the Act of Parliament , 1647. made thereanent was Rescinded , and not Revived , and this Provision is payable , not only really , but personally , though there had been no Infeftment , and that the obligement to make the Land worth two thousand Merks of free Rent , could be to no other End but to make the Annualrent free , especially the Contract being in anno 1647. after Maintainance was imposed , which was the heaviest Burden . It was answered , that an obligement for payment of an Annualrent , relating to no particular Land , could not be burdened with the Land , or if it did relate to a stock of Money , the ordinar Annualrent of the Money behoved to be free , but this Annualrent relates to no stock , and its first Constitution is out of the Lands mentioned in the Contract ; so that albeit there had been no Infeftment , it must bear proportionably with the Land , and albeit the Act of Parliament be Rescinded , yet the common ground of Law and Equity , and the Custom thereupon remains , neither doth the provision ( to make the Land worth so much of free Rent ) infer , that therefore the Annualrent must be free , which would have been so exprest at the Constitution of the Annualrent , if it had been so meaned . The Lords found this Annualrent lyable for the Assesment , notwithstanding the Act of Parliament was Rescinded , and all that was alleadged against the same , was repelled . Iohn Iustice contra Mary Stirling his Mother , Ianuary 23. 1668. THere was a Bond granted by Stirling of Coldoch , whereby he granted him to have received from Umquhil Iohn Iustice , and Mary Stirling his Spouse , the Sum of 1300. Merks , and obliged him to pay to the said Husband and his Spouse , and longest liver of them two , and the Heirs gotten between them , or their Assigneys , which failzying to the Heirs of the last liver : the said Mary having survived , did uplift the Sum , and now Iohn Iustice ( as Heir of the Marriage to his Father ) pursues his Mother to make forthcoming the Sum , and imploy the same to her in Liferent , and to him in Fee. It was alleadged for the Defender Absolvitor , because by the conception of the Bond she is Feear , and so may dispose of the Money at her pleasure . The Pursuer answered , that the conception of the Bond did no wayes make the Wife Feear , but the Husband , according to the ordinar Interpretation of Law in Conjunct-fees betwixt Husband and Wife ; and as to the Clause , in relation to the longest liver , their Heirs and Assigneys , the Fee could not be Constitute thereby , otherwise the Fee behoved to be pendent and uncertain , and in effect be in no Person so long as they live together , but after the Death of either , the Fee should then begin to be Constitute in the Surviver , which is inconsistent , and therefore the Fee behoved to be Constitute by the first words , obliging to pay the Sum to the Husband and Wife , the longest liver of them two , whereby the Husband was Feear and might have disposed thereupon during his Life , but without prejudice of his Wifes Liferent ; there is no doubt but this Sum might have been Arrested for his Debt , and it could not be then pretended that ex even●u , the Wife by surviving might become the Feear . It was answered for the Wife , that albeit Conjunct-fees between Man and Wife do ordinarly Constitute the Husband Feear , yet there are many Cases in which such Conjunct fees the Wife may be Feear , and here the termination being upon the Surviver , makes her the Surviver sole Feear , although both were Conjunct Feears before , and neither of them properly a Liferenter , till by the event it did appear who should Survive , neither can any such subtilty of the dependence , or uncertainty of the Fee , render the intention of the Parties ineffectual . The Lords found , that by the foresaid Clause , the Husband was Feear , and the Heirs of the Marriage , were Heirs of Provision to him , and that failzying the Heirs of the Marriage , the Wifes Heirs were substitute as Heirs of Tailzie , and therefore ordained the Sum to be so imployed , and secured , that if the Pursuer being the only Heir of the Marriage should Die before he dispose thereupon , it should return to the Heirs and Assigneys of the Mother . The Lady Wolmet and Dankeith her Spouse , contra Major Biggar , and Iames Todrig , Ianuary 24. 1668. THe Lady Wolmet and Dankeith her Spouse , pursues Major Biggar , and the Tennents of Wolmet for Mails and Duties . Compearance is made for Iames Todrig , who being Assigned to an Annualrent , due out of the Lands of Wolmet , to the old Lady Wolmet by an Infeftment , long prior to this Ladies Infeftment ; upon which Right there was also raised an Inhibition , whereupon Todrig ( as Assigney ) pursues Reduction of the Pursuers Right , and several others , and obtained Decreet thereupon , and now alleadges that the Lady can have no Mails and Duties , because her Right stands Reduced at the Instance of the said Iames Todrig , who hath also Appryzed upon his anterior Annualrent . The Pursuer answered , that the alleadgeance ought to be repelled , because the Right of his Annualrent , Appryzing , and Reduction has been several years in the Person of Major Biggar , who has been all that time in Possession of the Lands , and therefore by his Intromission , Todrigs Appryzing is satisfied within the legal . It was answered for Major Biggar , albeit the Right was , and had been his , and he in Possession , yet the Appryzing cannot be satisfied thereby , unlesse he had Possest by vertue of the Appryzing , which cannot be alleadged , because he offers him to prove that he Entered , and continued in Possession many years before he got this Right , by vertue of other Infeftments . The Pursuer answered , that by the Reduction at Todrigs Instance , all Major Biggars Rights stands reduced , so that albeit by them he entered in Possession , yet he cannot ascribe his Possession to them after they were Reduced . It was answered , that albeit his Rights were Reduced , there was no Removing , or Action of Mails and Duties intented against him upon the prevailing Right , and therefore his Possession behoved to be ascribed to his prior Possession , though Reduced . 2dly , He having now divers Rights in his Person , may ascribe his Possession to any of them he pleases against this Pursuer , from whom he derived not his Possession , nor the Cause thereof . 3dly , It was answered , that the Pursuer might acquire this Right , ad hunc effectum to purge it , and the Inhibition , and Reduction thereon , in so far as it might be prejudicial to his prior Rights , and not to bruik by it . The Pursuer answered , that albeit Biggar might have acquired this Right , to evacuat and purge the same , if that had been declared in his acquisition thereof , or otherwise legally , yet not having done it , he must be understood to bruik only by that Right that was standing . 2dly , If he should declare that he did acquire it to purge it , then , as his own Right , revives which was Reduced , so must this Pursuers Right , which was also Reduced in that same Reduction revive , especially in casu tam favorabili , that the Pursuer may not be excluded from her Liferent , which is her Aliment , and seing the Decreet of Reduction was obtained by meer Collusion , and is offered to be disclaimed upon Oath , by the Advocats marked , Compearing therein . The Lords found that Major Biggar behoved to ascribe his Possession to Todrigs Right , and to none of the Reduced Rights , all being joyntly in his Person , and not having declared quo titulo possidebat , and that he cannot now declare that he makes no use of Todrigs Right , in so far as may be prejudicial to his own prior Rights , and makes use of it as it is prejudicial to the Pursuers Rights , which were reduced together , seing the Pursuers Rights would have excluded the Majors other Rights , to which he would now ascribe his Pessession . Magistrats of contra the Earl of Findlator , Eodem die . THere was a Bond granted by one Iackson Principal , and a Cautioner which is also alleadged to have been Subscribed by Umquhil Inch-Martin as an other Cautioner ; which Bond being Registrat at the Creditors Instance , he did thereupon Incarcerat the principal Debtor , whom the Magistrats having suffered unwarrantably to escape ; the Creditor obtained Decreet against the Magistrats for payment of the Debt . The Magistrats payes the Debt , but takes Assignation from the Creditor , and now as Assigney pursues the Earl of Findlator , as Representing Inchmartin one of the Cautioners for payment , who alleadged Absolvitor . first , Because the Bond is null as to Inchmartin , wanting both Date and Witnesses ; for it bears to have been Subscribed by the Principal , and the other Cautioner , at such a place , such a day , before these Witnesses , who are subjoyned , and designed , and after the Names of these Witnesses sayes , and subscribed by Inchmartin , at after which there nothing follows in the Bond , but the Subscriptions of Parties , none of which subscribe as Witness to Inchmartin , yet his Subscription is amongst the Subscriptions of the other Parties , but as to him it hath neither place , day , nor Witnesses . The Pursuer offered to condescend , that the day and place of the Subscription of the Witnesses , were the same to Inchmartin , as to the Principal and other Cautioner , which they alleadged to be sufficient to make up this nullity , as is ordinar where the Writer and Witnesses are not Designed , for thereupon the Defender may improve the Bond by the Witnesses insert . The Defender answered , that albeit the Lords supply the want of Designation of Writer or Witnesses , by condescending on their Designation , that means of Improbation may be afforded , which is not the question here ; yet the Lords did never suffer Parties to fill up Witnesses , where no Witnesses were insert , nor no Date , either as to Year or Moneth . The Lords would not Sustain the Bond upon this condescendence , but ex officio ordained the Witnesses ( if they were alive ) to be Examined , whether they were Witnesses to Inchmartins Subscription , that same day , and place with the rest , reserving to themselves what their Testimonies should ●perat . The Defender further alleadged Absolvitor , because he offers him to prove , that the●e was a Decreet against the Magistrats now pursuing , at the Instance of the Creditor , for payment of the Debt , because they suffered the Principal Creditor Incarcerat to escape , so that the Debt being payed by the Magistrats , coming in the place of the Principal Debtor ex delicto , it is in the same case , as if the Principal Debtor himself had payed ; which necessarly liberats his Cautioners . It was answered , that the Magistrats are only lyable to the User of the Diligence , pro damno & interesse , and to no other , for the Creditor ( User of the Diligence ) might have consented to the escape of the Rebel , or might discharged the subsidiarie Obligation , or Action competent , against the Magistrats for suffering him to escape , whether the Cautioners would or not , and therefore the Magistrats might as well take an Assignation from the Creditor for payment of the Debt , which implies the Creditor his passing from them as bound ex delicto , in which case he would only have given them a Discharge , but here the Magistrats Contracts with the Creditor , and acquires the Assignation , ut quilibet upon an equivalent Cause . It was answered for the Defender , that this Assignation is evidently simulat in place of a Discharge , there having preceeded a Decreet against the Magistrats , ita est , that Assignations granted to persons obliged for a Debt , doth operat alwise as to the Matter only as a Discharge , though more summarly , as when Cautioners pay , and are Assigned , they must allow their own part , but much more these who are lyable ex delicto , having payed upon a Decreet , cannot seek relief , whether they have Assingation or Discharge , especially against Cautioners , and if this were Sustained , all Rebels who had Cautioners might be suffered to escape , where there is any Cautioners , for Messengers might be Deforced , taking Assignation to the Debt , and proceeding against the Cautioners , and albeit the user of the Diligence might consent to the Liberation , yet he could not pass from the Obligation , ex delicto , which accresceth to all Parties having Interest ; and if the Cautioners had been dist●est by the Creditor , they might pursue the Magistrats , suffering the Principal to escape , ex delicto & damno , for if he had not been suffered to escape , they would have been payed . The Lords found this Defence relevant , that the Magistrats pursuers , having suffered the Rebel to escape , and Decreet against them , and having satisfied the Debt to the Creditor , that they could not have recourse against the Cautioners , either by vertue of a Discharge ; or Assignation . Here it was not Debated , whether or not they might have recourse against the principal Debtor escaping , who was principaliter in delicto , and the Magistrats but accessory . Mr. William Mushate Minister of Hassenden , contra the Duke and Dutches of Buccleugh , Ianuary 28. 1668. THe Minister of Hassenden having obtained Designation of a Gleib , out of the Duke of Buccleughs Lands , pursues Removing . The Duke Suspends on this Reason that the Designation is null , not bearing Citation , nor ●numation to the Parochiners , neither is the Duke Cited to the Designation upon 60. dayes , as being out of the Countrey . It was answered , that by the constant Custom in such Cases , there is only Intimation given at the Kirk Door , or out of the Pulpit of the day of Designation , which the Defender offers to prove , uses to be done in the like case . Which the Lords found relevant , albeit the Intimation was not mentioned in the Designation . Robert Dobby contra the Lady Stanyhil his mother , Eodem die . RObert Dobby pursues the Lady Stanyhil his Mother , for an Aliment , upon this ground , that she being provided to an plentiful Liferent , being an Annualrent of 2800. Merks yearly , there remains nothing to Aliment him the Heir , of free Rent , being all exhausted by the Liferent , and Annualrent of the Debt . The Defender alleadged Absolvitor , because there is no ground in Law nor Custom for an Aliment to the Heir , except the Rents were exhausted by real burdens by Infeftment ; but here at the Defuncts Death , there was only this Liferent , which was not the half of the Rent , and there was no Infeftment more . 2dly , Aliments is only competent to Minors , the Pursuer is Major , and may do for himself . The Pursuer answered , that it was alike whether the Debts were personal , or real , for if Apprysings had been used , they would all have been real , but the Pursuer did prevent the same , by Selling a part of the Land at a great Rate , which was all applyed to the Creditors , and yet the Liferent , and Annualrent of the Debt is ▪ more then the Rent ; neither is there any distinction in the Law as to Majors and Minors , who were not bred with a Calling ; and therefore Carberry ( who was a man of age ) got an Aliment , and Anthonia Brown got an Aliment from her Mother , who had an Annualrent in Liferent , and the Debts were all personal at her Fathers Death , albeit some of them were Appryzed for , before she got her Aliment . The Defender answered , that there was a sufficient Superplus , because she offered to take the Lands , or find sufficient Tennents therefore , for 4300. Merks yearly , which was a 1000. Pounds above her Liferent , and would exceed the Annualrents of all the Debts . The Lords found this last Defence relevant , but did not proceed to determin● , whether an Aliment would be due , where the burden was but by personal Debt . Alexander Binny contra Margaret Binny , Eodem die . MArgaret Binny granted a Bond , obliging her self to Enter Heir of Line to her Father , and to Resign the Lands in Favours of her Self , and the Heirs to be Procreat of her own Body ; which failzying , to the Heirs of Alexander Binny her Father , and obliged her self to do nothing contrair to that Succession ; and having Married William Brotherstanes , by her Contract of Marriage , nomine dotis , she Dispones the Lands to him . This Margaret was the only Child of Alexander Binnies first Marriage , and there was an Inhibition used upon the Bond , before her Contract of Marriage : Alexander Binny being Son of the second Marriage , and Heir of Line to his Father , pursues the said Margaret to fulfil the Bond , and to Enter , and Resign the Land conform thereto , and thereupon did obtain Decreet , which being now Suspended . It was alleadged , that this being but an obligement to Constitute a Tailzy , could have no effect to hinder her to Dispone to her Husband in name of Tocher , which is the most favourable Debt , or to Contract any other Debt , which the Pursuer ( who behoved to be her Heir ) could never quarrel . 2dly , It was alleadged for the Husband , that he could not be Decerned as Husband , to consent to this Resignation , contrair to his own Contract . It was answered , that this was not only a Bond of Tailzy , but an obligement to do nothing that might change the Succession , and so she could not voluntarly Dispone , but the Husbands Provision might be Competent enough , seing both she has the Liferent , and the Children of the Marriage will succeed in the Fee● and albeit the Pursuer must be Heir of Tailzy , yet obligements in favours of Heirs of Tailzy , are alwayes effectual against Heirs of Line , in relation to whom the Heir of Tailzy is but as an stranger . The Lords repelled the Reason , and found the Letters orderly proceeded , till the Wife Entered , and Resigned with Consent of her Husband , conform to the Bond , seing there was Inhibition used before the Contract ; but they did not Decide , whether this Clause would have excluded the Debts , to be Contracted by the said Margaret , or her Heirs , upon a just ground without Collusion , but found that she could not make a voluntare Disposition , to exclude that Succession , in respect of the obligement to do nothing in the contrair . E●phan Brown contra Thomas Happiland , Ianuary 29. 1668. MArjory Brown being first Married to Happiland , and thereafter to Robert Brown ; she Acquired Right to a Tenement of Land to her self in Liferent , and Euphan Happiland her Daughter of the first Marriage in Fee ; which Infeftment is given by the said Thomas Brown her Husband , being then Bailly for the time . Agnes Happiland Dispones this Tenement to Thomas Brown , Heir of the Marriage , betwixt the said Umquhil Thomas Brown , and Marjory Bruce , and for the price thereof , gets a Bond relative thereto . Thomas Brown being Charged upon this Bond , raises Reduction upon Minority and Lesion . To the which it was answered , there was no Lesion , because the Disposition of the Land was an equivalent Onerous Cause . It was answered , that the Disposition was no Onerous Cause , because the Lands Disponed , belonged not to the Disponer , but to the Suspender himself , in so far as they were Conquest by Marjory Bruce , while she was Spouse to his Father , so that the Money ( wherewith she Acquired the same ) belonging to the Husband jure Mariti , the Land must also be his , unlesse it were condescended and instructed , that she had Heretable Sums , not falling within the jus Mariti , wherewith this Right was Acquired . It was duplyed , that this was but a ●aked Conjecture and Presumption , which is sufficiently taken off , by the Husbands giving Seising as Bailly . It was answered , that this was actus officij , which he could not refuse , but he knew that the Infeftment in favours of his Wife , would accresce to himself . The Lords repelled the Reasons of Suspension and Reply , in respect of the Answer and Duply , and found that the Fee of the Land belonged to the Wife and her Daughter , and that there was no Lesion in giving Bond therefore . Laird Aitoun contra Iames Fairy , Eodem die . THe Laird of Aitoun having bought a Horse from Iames Fairy ; pursues for repetition of the price , and for entertainment of the Horse since , upon this ground , that he offered to prove by the Witnesses , at the buying of the Horse , that Iames Fairy promised to uphold him but six years old , and that he was truly twelve years old : The question was , whether this was only probable by Oath , or Witnesses . But the Lords perceiving an anterior question , how soon the Horse was offered back by the Pursuer , they ordained him to condescend , that very shortly thereafter he offered the Horse back , otherwise they would not sustain the Processe . John Papla contra the Magistrats of Edinburgh , Ianuary 31. 1668. JOhn Papla pursues the present Magistrats of Edinburgh , for payment of a Debt due to him , by a Person Incarcerat in their Tolbooth , who escaped . The Defenders alleadged no Processe , till the Magistrats who then were , especially Bailly Boyd ( by whose Warrand the Rebel came out ) be called . 2dly , The present Magistrats cannot be lyable Personally , having done no Fault ; neither can they be lyable , as representing the Burgh , at least but subsidiarie after the Magistrats who then were in culpa , were Discussed now after six or seven years time . The Pursuer answered , that the Prison being the Prison of the Burgh , the Burgh was lyable principaliter , and if only the Magistrat doing the Fault were lyable , the Creditor might oftimes loose his Debt , these being oftimes of no Fortune , or sit to Govern , and the Town who Choiseth them , is answerable for them ; neither is the Pursuer obliged to know who were Baillies at that time , or who did the fault , and so is not bound to Cite them . The Lords Repelled the Defences , and found the present Magistrats ( as representing the Town ) lyable , but prejudice to them , to Cite them who did the Fault . Robert Ker contra Henry Ker , February 5. 1668. RObert Ker of Graden having granted Bond to Robert Ker his Son , for 3000. Merks of borrowed Money , and 3000. Merks of Portion ; for which Sum he did Infeft him in an Annualrent of 240. Pound yearly , Suspending the Payment of the one half of the Annualrent till his Death ; whereupon Robert pursues a Poinding of the Ground . It was alleadged for Henry Ker ( the eldest Son , who stands now Infeft in the Lands ) Absolvitor , because he stands Infeft in the Lands before this Infeftment of Annualrent being but base , took effect by Possession . The Pursuer answered , first , That the Defenders Infeftment , being posterior , and granted to the appearand Heir , without a Cause Onerous , it is perceptio Haereditatis , and if the Father were Dead , it would make the Defender lyable as Heir , and therefore now he cannot make use thereof , in prejudice of the Pursuer . 2dly . The Pursuer offered to prove , that his Annualrent was cled with Possession before the Defenders Infeftment , in so far as he Received the half of the Annual●ent , which is sufficient to validat the Infeftment for the whole , seing there are not two Annualrents , but one for the whole Sum , and seing the 〈◊〉 could do no more , the one half of the Annualrent being Suspended till his Fathers Death . The Lords found this second Reply relevant , and found the Possession of the half was sufficient to validat the Possession for the whole , but superceded to give answer to the former Reply , till the conclusion of the Cause , not being clear , that the Defense upon the Defenders Inseftment could be taken away summarly , though he was appearand Heir without Reduction , upon the Act of Parliament , 1621. Mr. George Iohnstoun contra Sir Charles Erskin , February 6. 1668. THe Lands of Knock●●● , being part of the Lands of Houdon , did belong to Umquhil Richard Irwing , Umquhile Mr. Iohn Alexander Minister , having Charged Robert Irwing to enter Heir in special to the said Richard his Grand-sir in these Lands , he did Appryze the same from Robert as specially Charged to enter Heir , but Robert died before he was Infeft , or Charged ; the Superior , Sir Charles Erskine , hath Appryzed from Mr. Iohn Alexander all Right competent to him in these Lands , and thereby having Right to Mr. Iohn Alexanders Appryzing , he is Infeft thereupon . After Robert Irwings Decease , his Sisters served themselves Heir to Richard their Grand-sir , and are Infeft , do Dispone to Mr. George Iohnstoun , who is also Inseft . Mr. George pursues for Mails and Duties , in the Name of Irwings his Authors ; Compearance is made for Sir Charles Erskine , who alleadged Absolvitor . First , Because he hath been seven years in Possession of the Lands in question , by vertue of Mr. Iohn Alexanders Appryzing , and his own , and so is tulus exceptione in judicio possess●rio , and cannot be quarrelled till his Right be Reduced . 2dly , He is potior jure , and his Right must exclude the Pursuers , because he having Right to Mr. Iohn Alexanders Appryzing , which was Deduced against Robert Irwing , as specially Charged to enter Heir ; so Richard , as to him , is in as good case , as Robert had been actually Entered , and Infeft by the Act of Parliament , declaring that when Parties are Charged to enter Heir , and lyes out , sicklike Processe , and Execution shall be against them , as they were actually Entered ; likeas the Tenor of the special Charge introduced by Custom , to perfect the foresaid Act of Parliament , bears expresly , that the Person Charged shall enter specially , and obtain himself Infeft , with Certification , that the user of the Charge shall have the like Execution against him , as if he were Entered , and Infeft ; and therefore Mr. Iohn Alexanders Appryzing against Robert I●wing , so Charged , was as effectual to him , as if Robert had been actually Infeft , in which case there is no question , but the Appryzer might obtain himself Infeft upon the Appryzing , after the Death of him against whom he Appryzed , and that summarly , without new Processe , and there is no difference whether the Superior were Charged during the Life of the Debtor , or not . The Pursuer answered to the first , that no Party can claim the benefit of a Possessory judgement , unlesse he have a real Right by Infeftment , at least by Tack ; but a naked Appryzing , thoug it may carry Mails and Duties , as a naked Assigation , and is valide against the Debtor or his Heir , ●et in it self it is an incompleat Right , and not become real . It was answered , that the Appryzing alone was sufficient , as was lately found in the Case of Mr. Rodger Hog , against the Tennent of Wauchtoun . The Lords repelled the first Defense , and found there was no grond for a Possessory judgement ; here there was neither Infeftment , nor Charge upon the Appryzing . The Pursuer answered to the second Defense , that it was not relevant to exclude him , because Richard Irving having Dyed last , vest and seised in the Lands , and Robert Irving never having been In●eft , the Pursuers , Roberts Sisters , who were Heirs appearand , buth to Richard their Grand-sir , and Robert their Brother , could not possibly obtain themselves Infeft as Heirs to their Brother , becuse the Inquest could not find that Robert Dyed last , vest and seised as of Fee , but Richard and any Appryzing against Robert ( who was never Infeft ) evanished , seing no Infeftment was obtained upon the Appryzing , nor no Charge used against the Supperior , during Roberts Life , so that the Appryzer ought to have Charged de novo these Pursuers to Enter Heir to Richard , and ought to have Appryzed from them , as lawfully Chaged , and to have obtained Infeftment upon the Appryzing in their Life , and as the Sisters would exclude the imperfect Diligence against the Brother , so much more may Mr. George Iohnstoun , who is their singular Successor . It was duplyed by the Defender , that Mr. George Iohnstoun , albeit he be singular Successor , yet he is Infeft after Sir Charles Erskin ; and therefore the question now is only betwixt the Appryzer , having Charged the Brother in special , to Enter to these Lands to his Grand-sir , and these Sisters being Infeft as Heirs to the same Grand-sir , and albeit they could only Infeft themselves as Heirs to the Grand-sir , the Brother never having been Infeft , to the effect , that they might either Reduce , or Redeem the Appryzing led against their Brother , because the Charge to Enter Heir , did state their Brother Charged , as if he had been actually Infeft , only in relation to , and in favours of the Appryzer , who Charged him , yet as to that Appryzer , he is in the same condition , as if Robert had been actually Infeft , and there is no Law requiring him to obtain Infeftment , or to Charge the Superior during the Life of Robert , who is specially Charged ; but as in other Appryzings , so in this , he may Charge the Superior , or obtain Infeftment when ever he pleases . It is true , that if a singular Successor had obtained Infeftment upon the Resignation of Richards Heirs , Entered and Infeft before the Appryzer had obtained Infeftment , the Appryzers delay might have prejudged him , and preferred the first compleat Right , but the Heirs themselves could never exclude him , though their Infeftment were prior . The Lordi found the second Defence and Duply relevant , and found the Infeftment upon the Appryzing ( against the appearand Heir ) specially Cla●ged , and the Appriyzing it self to be as valide , as if the appearand Heir had been actually In●eft , and that the Compryzing became not void through want of Infeftment , or Charge against the Superior , during that appearand Heirs Life . Alexander Chisholm contra Renies , Eodem die . ALexander Chisholm as Executor to Iohn Graham of Orchel , pursues William and Archibald Renies for a Bond , granted by them to the Defunct , in anno 1635. who alleadged that the true cause of the Bond was by Transaction of a Blood-wit , made by the Laird of Gloret , and Mr. Iames Row , in whose Hands this Bond ( then being blank ) was put , and which unwarrantably came in the Hands of Orchel the Party , who in stead of 400. Merks , filled up 2000. Merks , which is offered to be proven by the Arbiters Oaths , yet on Life . The Pursuer answered , that his Bond could not be taken away by Witnesses , especially extrinsick Witnesses , there being no Writ relative to this Bond , or of the same Date , or Witnesses that might give any presumption of the Cause thereof . The Defender answered , that there were here far stronger presumptions , viz. That this Bond hath been Dormant 33. years , albeit it bore no Annualrent , and Orchel was known to be in great necessity , and by ocular inspection , it appears to be filled up with another Hand , and blotted , which presumptions , being so singular , give ground enough to the Lords to Examine Witnesses , ex nobili officio . The Lords ordained the Witnesses and Arbiters to be Examined ex officio , reserving to themselves what these Testimonies should operat , in respect of the antiquity and singularity of the Case . Captain Coningsby contra Captain Mastertoun , Feb. 7. 1668. CAptain Coningsby , Captain of a Privateer , pursues Captain Mastertoun for his share of two Prizes , taken upon the 5th . of August 1666. upon two grounds , first , upon concourse , because both these Privateers being in view of the first Prize , did both make up to her ; Coningsby being nearest , and that when they came to near distance , within half a Mile , Coningsby fired the first Gun , Mastertoun the second , and Coningsby the third ; at the firing of which the Prize streekt Sail , which signified her surrender without more resistance ; and albeit Mastertoun being to the Windward , came first Aboard , yet it was without resistance , the Prize having rendered before , by streiking Sail ; Coningsby being within a small distance , came presently up , and Demanded his share , according to the proportion of the Men and Guns of both Friggats , being the ordinar Rule of division of Prizes , betwixt concurring Friggars . 2dly , Upon the ground of consortship , or society made up betwixt the two Captains , after taking of the first Prize , and by the same consortship , craved the share of a second Prize , taken that same day , it having been agreed , that both should be sharers in all Prizes that should be taken by either , till their Victuals were spent . The Defender , Mastertoun and his Owners , alleadged Absolvitor , from both these grounds , for as to the concourse , it is not relevant , unlesse the Pursuer had alleadged that he had a real influence upon the Capture , for as to any Guns he shot , they were without a Miles distance , and Mastertouns Friggat being much lighter and swifter , did Oversail Coningsby , and when the Prize streikt Sail , Coningsby was a Mile behind , and at the same distance when she was taken , and therefore was neither concurrent in the force , nor in the fear , and as to the consortship , it was answered , first , that albeit there was a communing of consortship , yet there was no concluded agreement , for Coningsby claimed a share according to Men and Guns , which Mastertoun denyed , having far fewer Men and Guns , whereby he that took the Prize would have had the smallest share , so that it evanished . 2dly , Albeit there had been a consortship made by the Captain , yet that could not be effectual , until it had been concluded in Writ . 3dly , It could not be effectual in prejudice of the Owners ; the Captain having no power to make any such consortship , either by his office , or special Commission . The Pursuer answered , that his alleadgeance upon concurrence was most relevant , he being nearer when the Chase began , and within a small distance when the Pryze streiked Sail , and was taken ; and it cannot be doubted but the Prize had terror of both , to the second , Masters of Ships by their Office , may in many cases impignorat , or Sell the Ship , or Outreik , and Captains of Privateers having Commission to make Prize , have eo ipso , the power to use the most conducible means , and so to make consortship for that end : and albeit the first Prize was taken before the consortship , yet the Pursuer having upon his concourse demanded a proportion , conform to his Men and Guns , and being far stronger nor Mastertoun , and able to master him , and his Prize both , he might in such a case transact , and make this Co-partinary , which was useful to his Owners , making them to have the half of the first Prize , whereof they would not have fallen above a third or fourth Part , so that it was utiliter gestum , et transactum in re dubia , and whereas it is alleadged to have been but a communing , the contrair is evident , by the putting in of Coningsbies Men both in Mastertouns Ship , and in the Prize ; neither is there any necessity of Writ in such Transactions made in procinctu belli , et in alto mari . The Lords having before answer● Examined Mastertoun and Witnesses hinc inde , for clearing the matter of Fact , Mastertoun himself did acknowledge the consortship to have been agreed upon , but affirmed that when they came to Subscribe the Writ , Coningsby craved a proportion , by Men and Guns , which he refused without an equal division , and several of the Witnesses having Deponed , that that difference was referred to the Owners without dissolving the consortship ; Mastertoun himself having also Deponed , that in contemplation of the consortship , Coningsbies Men wa● put Aboard of him and the Prize , and the Witnesses having variously Deponed anent the distance , when the first Prize streiked Sail , and was taken . The Lords found a consortship sufficiently proven , and that there was a concourse as to the first Prize , and therefore found Coningsby to have a Right to a share , which they found to be the equal share , seing Mastertoun was most instrumental , and did actually seize upon both Prizes . The Minister of Cockburns-path contra his Parochiners . Eodem die . THe Minister of Cockburns-path having obtained a Designation of a Horse , and two Kines Grasse , conform to the Act of Parliament 1661. pursues a Declarator of his Right thereby . It was alleadged Absolvitor , because the Designation was null , in respect it was by the Bishops Warrand direct to three Ministers Nominatim , and it was performed only by two , the third not having come , and a Commission to the three must be understood joyntly , and not to empower any two of them , unlesse it had been exprest , likeas the Act of Parliament anent the Grasse , requires the Designation of three Ministers . The Pursuer answered , that by the Act of Parliament , 1661. the Designation of Grasse is appointed to be according to the old standing Acts , anent Manses and Gleibs , which do not require three Ministers , that number being only required by the Act of Parliament 1649. which is Rescinded , and not revived as to that point , and seing three Ministers are not neces●ar , but that two are sufficient , the Designation done by two is sufficient . The Lords Sustained the Designation , unlesse the Defender shew weighty Reasons of prejudice upon the matter . Sir John Weyms contra the Laird of Touchon , February 8. 1668. SIr Iohn Weyms having a Commission from the Parliament to lift the Maintainance , when he was General Commissar , Charges the Laird of Touchon for his Lands , who Suspended on this Reason , that by that Act and Commission , singular Successors are excepted . The Pursuer answered , that the Act excepteth singular Successors , who Bought the Lands , but the Suspender is appearand Heir , and Bought in Appryzings for small Sums ; and as Wodsetters are not freed as singular Successors , nor Appryzers within the legal , so neither can the Suspender ; for albeit the legal , as to the Appryzer be expired , yet the Act of Parliament between Debtor and Creditor , makes all Apprizings Bought in by appearand Heirs Redeemable from them , on payment of the Sums they Bought them in for , within ten years after they Bought them , and therefore as to Touchon , who is apperand Heir , he is in the same case with an Appryzer , within the legal . Which the Lords found relevant , and Decerned against Touchon . Andrew Greirson contra Patrick Mcilroy , Messenger , February 13. 1668. ANdrew Greirson having employed Patrick Mcilroy Messenger , to use Inhibition , and Arrestment against Sir Iames Mcdougal of Garthland , and having failed to make use thereof in time before he Disponed , did pursue him , and Houstoun of Cutreoch his Cautioner , before the Lord Lyon , whereupon the said Patrick and his Cautioner were Decerned to make payment of 500 Merks of Penalty , and of the Damnage and Interest sustained by the Pursuer , to the value of the Sums , whereupon the Inhibition and Arrestment should have been used . The Messenger and his Cautioner raises Suspension and Reduction , and insists upon this Reason , that the Decreet is null , as a non suo judice , because albeit the Lyon be Authorized by Act of Parliament 1587. cap. 46. to take Caution for Messengers Discharge of their Office , and upon default , may Summond Messengers and their Cautioners , and may Deprive the Messengers , and Decern them , and their Cautioners , in the pains and penalty for which they became Cautioners , yet the Lyon is not warranted thereby to Determine the Damnage of Parties , through Default of Messengers , which may be of the greatest Moment and Intricacy ; and would be of dangerous consequence to give the Lyon such Jurisdiction over all the Kingdom . The Charger answered , that the Messenger was unquestionably lyable to the Lyons Juridiction , and that both he and the Cautioner had made themselves lyable thereto , by Enacting themselves in the Lyons Books , ●nd granting Bond Registerable therein and it would be great inconvenience to pursue Messengers before the Lyon only for Deprivation and Penalty , and have need of another Process for Damnage , and Interest , and that the Lyon has been accustomed to Decern Cautioners so before . The Lords found the Reason of Reduction relevant , and turned the Decreet into a Lybel , but Sustained the Decreet as to the Penalty of 500. Merks , in which the Messenger was Enacted , but n●t for the Damnage and Interest , ne●●her against the Messenger nor Cautioner . William Borthwick contra Lord Borthwick , February 14. 1668. WIlliam Borthwick having Charged the Lord Borthwick for payment of a Sum of Money , he Suspends , and alleadges that William is Debtor to him in an equivalent Sum , for the price of the Lands of Hal●eriot , Sold by my Lord to the Charger , conform to a Minut produced . The Charger answered , that the Reason was not relevant , unl●sse the Suspender would extend and perfect the Minut , which my Lord refuses especially , and particularly , to Subscribe a Disposition of the Lands , with common Pasturage in Borthwick Moor. The Suspender answered , that he was most willing to extend the Minut , but would not insert that Clause , because the Minut could not carry , nor import the same , bearing only a Disposition of the Lands , with Parts , Pendicles , and Pertinents thereof , which he was content should be insert in the extended Disposition , and it was only proper after the Infeftment was perfected , that the Charger should make use of it , so far as it could reach , which he was content should be reserved as accords . 2dly , If he were obliged to Dispute the effect of it , it could not extend to Pasturage in the Moor of Borthwick● first , Because a special servitude of a Pasturage in such a Moor , requires an express Infeftment , and cannot be carried under the name of Pendicles , Parts , or Pertinents , albeit the Moor were contiguous , and the common Moor of a Barony : but , 2dly , This Moor lyes discontiguous from the Lands of Halheriot , and my Lords Lands lyes betwixt , and does not belong to the whole Barony , but to some of the Tennents of it only . The Charger answered , that this being a Minut , beh●ved to be extended in ample form , expressing all Rights , particularly that the Right de jure , could carry , and there was no Reason to make him accept of Lands with a Plea , and de jure Pendicles , and Pertinents , do well extend to common Pasturage , when the said Pasturage is so Possessed , and it cannot be contraverted , but the Heretors and Possessors of Halheriot , have been in undoubted Possession of common Pasturage in this Moor , and that the Rent payable therefore is upon consideration of the Pasturage , without which , it could neither give the Rent it payes , nor the Price , so that when my Lord Dispones the Lands , with the Pertinents , and at the time of the Disposition ; this Pasturage is unquestionably Possest as a Pertinent of the Land ; the extended Charter , and Disposition ought in all Reason to comprehend it expresly : neither is there any difference whether the Pasturage be of a Moor contiguous , or belonging to the whole Barony , seing it cannot be Contraverted , but it was Possest as Pertinent of this Room the time of the Bargain ; and to clear that it was so Possest , the Charger produced a Wodset , granted by the Lord Borthwick to himself of the same Room , bearing expresly Pasturage in the common Moor of Borthwick . The Suspender answered , that the Wodset made against the Charger , in respect this Clause being express in the Wodset , he had not put it in the Minut , which as jus nobilius absorbed the Wodset , and cannot be looked upon as a Discharge of the Reversion only , because my Lord was Superior by the Wodset , and by the Minut he is to Resign , likeas in the minut there is a Disposition of the Teinds , which is not in the Wodset . The Lords found that the Minut ought to be extended , bearing expresly the common Pasturage in the Moor of Borthwick , in respect the same was a Pertinent of the Lands , Sold the time of the Bargain , and was not excepted . Sir George Mckenzy contra Iohn Fairholm , Eodem die . SIr George Mckenzie insisted in the Reduction of the Bond Subscribed by him , as Cautioner for his Father in his Minority . It was alleadged for Iohn Fairholm , that he could not Reduce upon Minority , because he had Homologat the Bonds after his Majority , in so far as he had accepted Discharges of the Annualrent , bearing Deduction of the Bond by his Father as Principal , and him as Cautioner , and Discharging them both , which Discharges Sir George himself did Receive from Iohn Fairholm , and payed the Money . Sir George answered , that the Discharges do not bear that he payed the Money , but bears that the same was payed by the Principal Debtor , and his Receiving of a Discharge , not having payed , cannot import his Homologation , or acknowledgement of the Bond , for to prevent question and trouble , one may take Discharge of what he denyes to be Due , and the Bond being then standing Unreduced , he may well accept a Discharge , not knowing the event of the relevancy , or probation of his Minority . The Lords Repelled the Defense , and found that the Discharges imported no Homologation , unlesse it were instructed that Sir George , out of his own Money , payed the Annualrent . The Laird of Haining contra the Town of Selkirk , February 15. 1668. THere being mutual Pursuits betwixt the Town of Selkirk , and the Laird of Haining , the Town pursuing a Declarator of the Right of Property of the Commonty of Selkirk , and Haining pursuing a Declarator of his Right of Pasturage in the said Commonty , by vertue of his Infeftments of the Lands of Haining , which Lands are a part of the Kings Property of the Barony of Selkirk , and that this Common is the Commonty of the said Barony , Possest by all the adjacent Fewars of the Barony , and whereof they have been in immemorial Possession . The Lords did , before answer , ordain both Parties to produce all Rights , Writs , or Evidents they would make use of in the Cause , and also to adduce Witnesses , hinc inde , of both their Possessions , and interrupting others . Haining produced a Charter by the King , in anno 1505. of the Lands of Haining , being a part of the Kings Property , bearing cum partibus et pertinentibus , cum pascuis et pasturis , but not bearing in communi pastura , or cum communiis , generally or particularly in the Common of Selkirk ; he did also produce posterior Charters of the same Land , bearing cum communi pastura , and did adduce several Witnesses , proving 40. years continual Possession , but some of his Witnesses proved Interruptions , by the Town of Selkirk's , cutting of Divots , cast by him and his Predecessors upon the Moor. The Town of Selkirk produced their Charter of the Burgh , posterior to Hainings first Charter , bearing that their Ancient Evidents were burnt by the English , and therefore the King gives them the Priviledge of the Burgh of Selkirk , with the Burgage Lands thereof , cum communiis ad dictum Burgum spectantibus , which the King confirms by a posterior Charter , giving the Town warrand to Ryve out 1000. Aikers of Land of the Common ; they did also produce several Instruments of interruption , not only by cutting of the Fail and Divots , cast by Haining or his Tennents , but by turning their Cattel off the Moor , as proper to themselves , and turning off all the Heretors Cattel they found thereupon , and by yearly Riding about the whole Marches of the Moor. They did also produce a Decreet at the Towns Instance against the Tennents of Haining , Decerning them to Defist and Cease from the Moor ; in which Decreet , Hainings Predecessor was Provost of Selkirk , and is Pursuer of the Cause ; they also produced two Missives , Written by Umquhil Haining , acknowledging that the Town had cut his Divots , Casten upon the Head Room , and making apollogy for Casting of the same , denying it to be by his Warrand or Knowledge ; they did also produce two Acts of the Town Court , bearing Haining to have desired liberty to draw Stones off the Common to Build a Park Dike , and to Cast some Divots for his Tennents Houses ; they did also adduce several Witnesses , proving their continual , and uninterrupted Possession of the Moor this fourty years and more , which proved also frequent interruptions against Haining , especially by cutting of Divots , and also by turning off his Cattel , upon which probation it was alleadged for the Town that they had instructed sufficient Right to the Property of this Moor , and that they had debarred the Laird of Haining and his Tennents therefrom , whenever they heard they came upon the same . It was answered for Haining , that he did not deny the Town of Selkirks Right of Pasturage in the Moor , but did deny they had Right of Property therein , but that the property did yet remain in the King , as a part of the Barony of Selkirk , being of the Kings annexed Property , but that the said Property ( as to the Moor ) was now burdened with a Common Pasturage , belonging to the Town of Selkirk , and also belonging to the Laird of Haining , and the other Feuars of the Barony of Selkirk , and therefore alleadged that his Charter in the year of God 1507. being long before any Charter , granted by the King to the Town , did Feu to his Predecessors , the Lands of Haining , cum pertinentibus , cum pascuis & pasturis , and this Common being the Commonty of the Barony of Selkirk , the King Feuing a part of the Barony , cum pertinentibus , et pascuis , did certainly thereby grant all that belonged to these Lands , as Pertinent thereof ; as it was the time of the Feu , being then Possessed by the Kings Farmorers , but that they had Common Pasturage in the Moor of Selkirk , is not only presumed ( because it is the Common of the whole Barony , and Possest by all the adjacent Feuars thereof ) but also by their continual Possession since ; for Possession 40. years is sufficient to prove all bygone Possession , since the Right capable of that Possession , it being impossible to adduce Witnesses to prove Possession eight score years since otherways , and therefore as in the Case of the Lord Borthwick , and William Borthwick , Decided the 14th of this Instant . The Lord Borthwicks Minut , Disponing the Lands cum pertinentibus , without any word of Pasturage , was found to carry Common Pasturage in the Moor of Borthwick , as being a Pertinent of the Lands Disponed the time of the Minut , and not Reserved , much more the King Disponing the Lands of Haining , not only cum pertnen●tibus , but cum pascuis , et pasturis did carry to Haining the Right of Common Pasturage in the Common of Selkirk , being then the Commonty of the Barony , so that any Interruptions done since , cannot take away the Right of Common Pasturage once constitute by the King : and albeit the King had unquestionably granted the Right of Property to the Town thereafter , yet that could not prejudge the Common Pasturage of another Constitute before . For if Haining claimed this Common Pasturage only by Possession , and Prescription , Interruptions might be Sustained to exclude the famine , but he claimes it chiefly by vertue of his Infeftment , as having Right thereto the first day he was Infeft , so that his Possession since , albeit troubled by this Commonalty , yet preserves his Right , that the Town cannot alleadge a total and compleat Possession , excluding him , and thereby taking away his Right by Prescription in their Favour ; and as to the Towns Charter , cum communiis , it contains nothing per expressum of this Moor , or Pasturage therein , nor gives any thing de novo , but bears cum communiis ad●urgum spectantibus , which the King might have given , though there had not been a Commonty within 40. Miles , in the same manner , as the common Clauses in all Charters , bearing Coal , and Chalk , Cuningars , or Ducats , whether there be any or not , and the most the Town can pretend by their Charter , is , that they being a Burgh , Erected within the Barony of Selkirk , cum communiis , may therefore claim Pasturage with the rest of the Feuars of the Barony , but cannot exclude them as to the Liberty granted by the King , to Ryve out a 1000. Aikers , it clearly evinceth that they had not the Property before , neither did that take any effect , nor could it , because the common Pasturage ( constitute to the Feuars before ) would have hindered any posterior power of Tillage : As to the Decreet against the Tennents of Haining , it is in absence , the Heretor for the time not being call●d , and albeit it bears Hainings Predecessor , as Provost to be present , that will neither import his Consent , nor Knowledge , Countrey Gentlemen being then ordinarly Provosts of Towns , who lived not with them , their Affairs at Law were Managed by their Town Clerk and Baillies , though the Provosts Name behoved to be insert ; neither did this Decreet take effect , for Hainings Tennents never ceased to pasture : as to the Letters they do only acknowledge the towns Head Rooms , because in great Commonties , it is ordinar for several proprietars , to have peculiar Places , most convenient for them where they law their Cattel , and casts Fail and Divot , and which doth sufficiently consist with the Commonty ; as for the Acts of Court , they can prove nothing against Haining . The Lords found that the Town of Selkirk had undoubted Right of P●sturage , Fewel , Fail and Divot in this Commonty , and that they had immemorial Possession thereof , without any interruption , and found that Haining had no Right by vertue of Possession , and Prescription , but found that by vertue of his Charter , anterior to the Towns Right , he had Right to common Pasturage in this Moor , it being the Common Moor of the Barony ; but seing he did not sufficiently prove Possession of Fail and Divot , but was therein continually interrupted , much more then in the Pasturage , and that nothing appeared , that in the time of his Original Right , the Feuars had priviledge of Fail and Divot . Therefore the Lords found that he had no Right thereto , albeit common Pasturage doth ordinarly carry therewith Fail and Divot , yet they found that it was a several Servitude , separable therefrom , either by Consent , or Custom , and found that the Town should enjoy their Head Rooms , excluding Haining therefrom . Iames Colquhoun contra Watson , Eodem die . JAmes Colquhoun Pipe-maker in Glasgow , having gotten a tollerance from George Blair ( Heretor of Lunloch ) to dig Clay for Pipes there for certain years , excluding all others ; there being an anterior Tack of the Lands , the Tennents grants licence to one Watson , for digging Clay there for Pipes : the Heretor also concurrs with Watson . Colquhoun pursues Watson for Intrusion , and to desist from medling with any Clay there , and for paying the value of what he had medled with . Watson alleadged Absolvitor ; First , Because the licence granted to the Pursuer , being exclusive of all others , was contra bonum publicum . 2dly , The licence was posterior to the Tennents Tack , who thereby had Right to the whole profits of the Ground , and accordingly gave tollerance to the Defender . 3dly , The Heretor having granted the Tack , could not in prejudice thereof , give power to the Pursuer to break the arable Ground , and there being much more Clay nor the Pursuer could make use of , ought to give power to the Defender to make use thereof for that effect . The Pursuer answered , that a total and negative licence was legal , as well as any other total and sole Right , and it was free to the Heretor to grant the same , but could do no posterior Deed contrair thereto , because he had bound up his own hands thereby ● and as to the Tack , whether posterior or anterior to the licence , it can only give Right to the Tennent , uli fruiut colonus , to Manure the Ground , and reap the profits thereof , but cannot give him Right to any Mineral under the superfice , whether Coal , Lime-stone , Clay , &c. which is reserved to the Heretor , and he may make use thereof , which necessarly imports that he may break up the Ground to come at it , or else the Right were not reserved to him , and he is most willing to satisfie the Tennents damnage by opening the Ground ; neither needs any reservation thereof be exprest , because it s implyed in the nature of the Tack , which gives only power of the Superfice , Tillage , Pasturage , and Profits thereof , but the Tennent has no power to take away part of the Ground , or to give licence to any other so to do . The Lords Repelled the Defenses , and found the Pursuer had the only Right by the Heretors exclusive licence , and that the Tennent by his Tack had no Right to this Clay ; and that albeit his Tack was prior to the Pursuers licence , he could give licence to no other . Mr. Iohn Forbes contra Innes , February 20. 1668. MAster Iohn Forbes insisted in the Cause against Margaret Innes , mentioned in the 8th , of Ianuary last , for Mails and Duties , as Assigney by Margaret Allardice , who being Infeft in Liferent in principal Lands , and Warrandice Lands , and the principal Lands being evicted , she and the Pursuer ( her Assigney ) returns upon the Warrandice Lands , wherein Margaret Innes is Infeft in Liferent by her Husband , who stood publickly Infeft therein , upon the Resignation of Margaret Allerdices Husband , and who alleadged Absolvitor , because the Defender , and her Husband being Infeft , and in Possession these 20. years past , have the benefit of a Possessory judgement , and so cannot be put from her Possession , till her Right be Reduced . The Pursuer answered , that the benefit of a Possessory judgement can take no place against a pursuit , upon an Infeftment in Warrandice , unlesse the Possession had been seven , or more years after the Eviction ; for before the Eviction , there could be no Pursuit upon the Infeftment of Warrandice in the same case , as an Infeftment of Liferent is not excluded by a Possession during the Husbands Lifetime , when the Wife could not pursue . The Defender answered , that the Pursuer ought in a petitory judgement to have declared the Distresse , before he could put the Defender from her Possession . The Pursuer answered , there was no Declarator required , but only the Eviction , which gives immediat recourse upon the Warrandice Lands . The Lords repelled the Defense , and found no need of a Declarator , or Reduction to attain recourse , and that a Possessory judgement was not compent upon any Possession , anterior to the Eviction . The Defender further alleadged Absolvitor , because this pursuit is founded upon Margaret Allardice her Infeftment in Warrandice , which is base holden of her Husband ; and the Defender and her Husbands Infeftment are publick , holden of the Superior , and albeit posterior to the Infeftment of Warrandice , yet is preferable , the Infeftment of Warrandice being base , never cled with Possession . The Pursuer answered , that Infeftments in the Warrandice are sufficiently validat by Possession of the principal Lands , especially now when all Seisings must be Registrat , as was lately found in the Case of Iohn Scot : and the said Margaret Allardice has not only been in Possession of the principal Lands since her Husbands Death , but her Husband was in full Possession of both , which is more then sufficient . The Pursuer answered , that in Scots Case this was singular , that in Iohn Scots Case , both the Principal and Warrandice Lands were granted in an Infeftment , and so the Person Infeft being in Possession of the principal Lands , his Infeftment could not be partly publick , and partly privat , but this Infeftment in Warrandice is ex intervallo . The Lords repelled also the Defence , and found the Infeftment in Warrandice ( though base ) sufficient , the Person Infeft being in Possession of the principal Lands , albeit the Infeftment in the Warrandice Lands was ex intervallo . Farquhar of Tonley contra Gordoun , Eodem die . FArquhar of Tonley pursues Reduction of a Bond granted by him upon Minority and Lesion . It was alleadged Absolvitor , because he had Homologat the Bond , in so far as he being Cautioner in the Bond , he had pursued releif , and obtained Decreet for releif , which did necessarly import , that he acknowledged himself bound , else he could not have craved releif . The Pursuer answered , that seing the Bond stood unreduced at that time he might lawfully pursue the principal Debitor to releive him , against which he could have no objection , for the benefit of Reduction upon Minority , is peculiar to the Minor himself , and no other can make use of it ; and in his pursuit of releif he might very well have declared that , in case he obtained not releif against the principal Debitor , he might free himself by Reduction against the Creditor , so that Homologation being a tacite consent , can never be presumed where the Deed done might have another intent , and his pursuit for relief was not to bind himself , but to louse himself ; he did also alleadge that the pursuit of releif was at his Fathers instance , and his own promiscuously , and after the Decreet was thereupon extracted , he gave it in again , and took a new Extract , which bears not a releif for him of this Debt . The Lords found the Pursuit , and Decreet of releif , to be no Homologation to exclude this Reduction . The Defender then offered him to prove that the Pursuer was Major when he Subscribed , so that the Lybel and Defence being contrary , and great advantage arising to him , who had the benefit of Probation by Highland Witnesses . The Lords resolved to prefer neither to probation , but before answer , ordained to adduce such Evidents , and Adminicles , as they would use to prove the Pursuers age , that they might prefer the strongest and clearest Probation . Sir Laurence Scot of Clerkingtoun contra the Lady Clerkingtoun , February 21. 1668. SIr Laurence Scot of Clerkingtoun having obtained himself to be Executor surrogat ad omissa et male appreciata of his Fathers Testament , and having obtained licence to pursue , pursues the Lady Clerkingtoun as principal Executrix , who alleadged no Processe upon the licence , because licences are only competent to Executors principal , before there be any Confirmation , after which the Commissars neither use , nor may give licence ad omissa , as was found the 14. of December , 1621. Halliday contra observed by Dury . The Pursuer answered , that there was more reason to sustain licences after the principal Confirmation , when the best of the Inventar was given up , and what remained was uncertain , and for the practique the Lords had since allowed licences after Confirmation . The Lords repelled the Defense , and Sustained the Processe upon the licence . Bartholomew Parkman contra Captain Allan , Eodem die . CAptain Allan a Privateer , having taken Bartholomew Parkman an Swede , he obtained him to be Declared Pryze by the Admiral , upon this ground mainly , that he had carried Tar , being Counterband Goods , from Norway to Holland , then in Enmity with the King , and from thence carried ballast to France , and returning with a Loadning of Salt , was taken , because by the Captains Commission from the Admiral , he was warranted to to take Ships carrying Counterband Goods , or to take the saids Ships in their immediat return , after they have carried Counterband Goods to the Kings Enemies , which hath always been the Custom of Scotland , as appears by Commissions granted by the Admiral , Anno 1627. of the same Tenor , and by a Decreet of the Admiral at that time , finding the Lybel relevant , bearing that a Ship was taken in her return , having taken in Counterband to the Enemy in that Voyage , which is founded upon evident reason , because that while Ships are going towards the Enemy , it is but an intention of Delinquence against the King , and assisting his Enemies , but when they have actually gone in , and sold the Counterband , it is delictum Commissum , and though it might infer a quarrel against the Delinquent , when ever he could be found , yet the Law of Nations , hath for the freedom of Trade , abridged it to the immediat return of the same Voyage , because quarrels would be multiplied , upon pretence of any former Voyage . Parkman having raised Reduction of the Admirals Decreet , insists on these grounds . First , That by the Kings proclamation Denuncing the War , it is evident that the King gives only Command to seise upon Ships having in them Enemies Goods , or Counterband Goods , without any mention of seising them in their return , which would destroy the freedom of all Trade , for upon that pretence , every Ship that were met with at Sea might be brought up , and therefore the Kings Proclamation did justly and humanly Warrand the seisure of Ships , only when the Enemies Goods , or Counterband Goods is found Aboard , in which case , for most part , the cause of seisure is sensible to the Eye , wherewith there was also produced a Testificat from Judge Ienkins , Judge of the Admirality Court of England , by the Kings Warrand upon the Petition of the Kings Resident of Sweden , wherein he having advised with the Kings Advocat general , who dayly attended that Court , declareth that none of them remembers that in this War any Neuter were made Pryze in their return , with the product of Enemies Goods , and that he knew no Law nor Custom for the same . 2dly , There was produced the Treaties betwixt the King and the Crown of Sweden , bearing that the Swedes should be made Pryze , carrying Enemies Goods , or Counterband Goods , si deprehendantur . It was also answered to the Reasons of Adjudication , that the Stile of a Commission , not granted by the King immediatly , but by the Admiral , could be no ground of Adjudication of Friends and Allies , who were not obliged to know the same , or what was the Tenor of the Admiral of Scotlands Commissions , but were only obliged to take notice of the Law and Custom of Nations , and of the Kings Proclamations of War : and as to the Admirals Commission , and Decreet thereupon , in Anno 1627. It could not evidence the Custom of Scotland , being but a Decreet in absence , and upon a Lybel , bearing not only the carrying of Counterband , before in that Voyage , but having actually Aboard Enemies Goods the time of the seisure , which Lybel is found relevant by the Admiral , but it appears not that he would have found it relevant alone , upon the product of Counterband , much lesse that that was proven , and in Decreets in absence , the Lords themselves suffers Decreets to pass with far less consideration , and ofttimes of course , so that it were strange to fortifie the Admirals Decreets that are now quarrelled after full hearing , upon an Decreet of the Admirals in absence . It was answered for Captain Allan , that the Pursuer could not enjoy the benefit of the Swedish Treaty , because he had transgrest the Treaty , and served the Kings Enemies : and as to the Testificat of Judge Ienkins , or Custom of England , this being a distinct Kingdom , is not Ruled by the Custom of England , and Judge Ienkins Testificat was impetrat by the Pursuer , and not upon any Commission , or proposal made by the Lords , and the case therein mentioned is only anent the seisures in the return , with the product of Enemies Goods , and says only that they do not remember that ever the Case was decided there , but says not that the Courts of Admirality had found , that upon any Plea or Dispute , that Ships could not be taken , unless they had Aboard Counterband , or Enemies Goods . The Lords having formerly in this Cause desired to know the Kings Pleasure , whether by the Swedish Treaty , which maketh far fewer things Counterband , then what are such by the Law of Nations , and by which Tar is not Counterband , the Swedes might Loaden Tar in Norway , not being their own Growth , and carry it to the Kings Enemies . The King returned answer negative , in which the Lords acquiesced ; and as to the present Dispute , The Lords did not find the grounds alleadged for the Privat●er relevant , or sufficient to instruct the Custom of Scotland , or the Rule of the War , and had litle respect to Judge Ienkins Testimony , and therefore were not clear to approve the Adjudication , but before answer , did declare that the Lords by their own Commission , would inquire in the Custom of Nations , concerning the return of Counterband , or Enemies Goods , both by Commissions direct to England , and other places . Captain Strachan contra Morison , February 22. 1668. CAptain Srachan pursues the Heirs of Umquhile George Morison before the Admiral , for a Ship and Goods m●d●ed with wrongously , by George and others , in Anno 1638. They raise Reduction on this Reason , that there was no Probation but one Witness , and Captain Strachans Oath taken in supplement . The Lords having considered the Probation , in relation to the Ship , found it sufficiently proven , that Captain Strachan was an Owner of an eight part of the S●●p , but found that the value thereof was not proven , and seing Morison , and the other partners sold the Ship , after they had long made use of her , without Strachans consent , they found that Strachans Oath in litem ought to be taken as to the value , and would not put him to prove the same after so long time , and for the profits thereof , ordained him Annualrent since he was dispossest . This question arose to the Lords , whether there being three Partners beside Captain Strachan , who all medled whether Morison should be lyable in solidum , or only for his third part , in which the Lords found the Ship being corpus indivisibile , and all the Partners in a Society , and that Captain Strachan being absent in the Kings Service , from the time of their medling to the Kings return , and the other Parties in the mean time becoming insolvent . The Lords found George Morison lyable in solidum for the eight part of the Ship ; but as to the Wines and others that were in the Ship , whereanent there was no co-partinery proven , and but one Witness of George Morisons Intromission , and Captain Srachans own Oath in supplement . The Lords found the same not sufficient , and yet allowed Captain Strachan in fortification of the Decreet , to adduce further probation . Gavin Cochran contra 〈…〉 Eodem die . GAvin Cochran as Donator to the Recognition of certain Land , holden Waird of my Lord Cochran , pursues the Vassal , as having Alienat the Major part , and also the Subvassal to hear and see it found and declared , that the Lands had Recognosced by the Alienation , made by the Vassal so the Subvassal . It was alleadged for the Subvassal that he was Minor , and therefore During his Minority , non tenetur placitari super haereditate paterna . It was answered , that that holds only in Disputing the Minors Rights , but is not sufficient against the Obligation , or the Delinquence of the Defunct . 2dly , The Party principally called in this Process , is the Vassal who is Major , and whose Fee falls to the Superior by his Alieanation , and the Subvassals Right falls only in consequence , so that no priviledge of the Subvassal , can hinder the Superior to declare the Recognition of his immediat Vassal . The Lords Repelled the Defence , and Sustained Processe . Captain Mastertoun contro the strangers of Ostend , February 24. 1668. CAptain Mastertoun having taken a Ship of Ostend Pryze , obtained her Adjudged before Ludquharn , Admiral Deput of Peterhead . The Strangers pursued Reduction before the High Admiral at Leith , and obtained Sentence , because the Decreet at Peterhead , and Warrands thereof were not produced , by which Sentence there was Decerned 16000. Dollars for the Ship and Loadning , which was Fish , taken in Island Mastertoun raises Reduction of the High Admirals Decreet on this ground , that it was meerly in absence , and proceeded without valuing the Ship or Goods , and offered to restore the Ship , or value , and what he got for the Fish , which was but a Dollar the Barrel , in regard they spoilled the time of the dependence of the Plea , and craved allowance of what he payed to the King , being the fifteenth part , and the tenth part to the Admiral , and alleadged he could be lyable for no more nor quantum lucratus est , seing he did bona fide bring up this Ship , finding Aboard a Pass from the Magistrats of Ostend , which was defective , not conform to the Articles of Treaty with the King of Spain , in so far as it bore no mention of the Sailers , that they were the King of Spains Subjects , and the Sailers did Depone that they did belong to Zurickzea , under the States of Holland ; and albeit now ex post facto , he is informed that they did reside sometime in Ostend , yet he being in bona fide , can be lyable in no more nor what he got . It was answered for the Strangers , that it being acknowledged , that the Goods or Persons were free , it cannot be denyed in Justice to restore them to their Ship , and true value of their Goods , that they might have made thereof in Ostend , and not the price thereof that the Captain made , for seing he acknowledges that they were corrupted for want of Salt , it was his own Fault , for he should have caused raise the Fish in the Barrels , and Salted them again ; and as for the King , and Admirals part , there is no reason to allow the samine , and put the Strangers to a Processe against the King , and Admiral ; but if it be just he have restitution of his Goods , he must have it of his whole Goods , at the same availls as he could have sold them , with his Damnage and Interest , and any pretence of bona fide's can operat no more , but to free him from a spuilzy , and the Pursuers Oath in litem , for the value and profits , and to restrict the Process to wrongous Intromission , to the true prices , and true Damnages . It was answered for the Captain , that seing he was in bona fide to seize upon the Ship , and seing he did obtain Decreet from the Judge Ordinar , he was also in bona fide to sell and roup the Goods , as they gave at Peterhead ; and it does not appear that there was Salt there for Salting them again , nor Men that had skill , nor could they medle with them till Decreet was pronunced , which was a long time ; they were also in bona fide to pay the King and Admiral , neither are the Kings Officer nor Admiral Cited , but only the Admiral Deput . The Lords found , that seing the Pass did not bear the Sailers to be the King of Spains Subjects , conform to the Articles , that the Captain was in bona fide to bring her up , and found him free of any Damnages , and found him lyable for the price of the Ship , and Fish , as they might have been sold at Peterhead by rouping , as use is , if they had been preserved ; and found him obliged to have preserved them ; and repelled the alleadgeance as to the tenth and fifteenth , but prejudice to the Captain and Owners to seek repetition thereof , and found no necessity to Cite the Admiral , his Deput being Cited . Merchants of Hamburgh contra Captain Dishingtoun , February 25. 1668. CAptain Dishingtoun having taken a Merchant Ship of Hamburgh , and obtained her to be declared Pryze : the Hamburgers raises Reduction on this Reason , that the only ground of declaring her Pryze , was , because she carried Counterband Goods towards the King of Denmarks Domissions , being then in Enmity with the King , which was no relevant ground , because it is evident the Ship was seized a Moneth before the proclamation of War against the Danes . It was answered for the Captain , that it is not the proclamation of War that makes the War for the Kings Declaration , is only to give an account to the World , upon what account the King had made War with the Danes ; and it is notour that there were frequent Acts of Hostility , both by the Danes , and against the Danes before this Capture . It was answered for the Strangers , that publick denunciation makes only a publick and lawful War ; but whatever might have been done against the Danes , the Hamburgers ( being the Kings Allies and Friends ) were not obliged to know the same , until such time that the proclamation of War might come to their Ears , so that they have done no Fault , being in bona fide to continue their Trade , until the War was made publick to the World. It was answered for the Captain , that he was in optima fide to execute the Kings Commission , bearing expresly to make Pryze of all carrying Counterband Goods to the Danes , and therefore he could not be Decerned as praedo , but the most can be Decerned against him ( though the Pursuer should be found to have been in bona fide , to Trade with the Danes ) is to restore in quantum lucratus est ; but so it is that he made no profit , for after the Capture , he being pursued at Sea by the Enemy , was forced to leave the Ship in question , being Loadned by him , whereby she was driven a shore , and suffered Ship-wrack . The Lords found that the Hamburgers were in bona fide to continue their Trade with Denmark , and to carry to them Counterband Goods at the time of the seisure , and therefore Reduced the Admirals Decreet , as to the Restitution of the Ship and Goods , or what profit the Defender made of them , but for no higher value nor damnages , in respect the Captain was in bona fide to execute the Kings Commission , unlesse it were alleadged , the Captain was in culpa in the losse of the Ship , or misprising the Goods . Lord Almond contra Thomas Dalmahoy , Eodem die . THe Lord Almond pursues a Declarator of the Escsheet of Thomas Dalmahoy , who alleadged Absolvitor , because he was Denunced upon a Bond granted by the Dutchess of Hamiltoun , wherein he being only Charged as Husband for his interest , and Denunced at the Mercat Crosse of Edinburgh , and Peir and Shoare of Lieth , being then Residenter in England ; and now the Marriage being dissolved by the Dutchess Death , his Interest ●e●seth as to all effects , and so as to this Horning . 2dly , The Denunciation being upon a Bond due to the Dutchess own Mother , done by Mr. Iohn El●is Commissioner for her , it was without Warrand , and so null . The Lords repelled both Defenses , and found that the Contumacy incurred by not paying , or suspending Deb●to tempore , which is the cause of the Denunciation , was not taken away by the dissolution of the Marriage . Patrick Dun contra Isobel and Elizabeth Dunes , his Sisters , Eodem die . UMquhile Doctor Dun having provided 4000. Merks to one of his Daughters , and 10000. Merks to another , and Entertainment during their Minority , that their Portion might go to the Fore , bearing Annualrent ; did thereafter grant to Isobel another Bond of 2000. Merks , whereof Patrick his Heir raises Reduction , as being done on Death-bed , after the Defunct had broken his Leg , and the same was cut off , whereof he took a Fever and Died , and never went out to Kirk or Mercat . The Defenders answered , that they offered them to prove , that albeit the Defunct happened not to come out , yet he was in his leige Pousty , and perfect health , and did all his Affaires , which did much more evidence his health , then the stepping out to the Mercat , 2dly , The Bond in question being a Provision to a Daughter , it was a Natural Obligation , which the Father might do on Death-bed● The Pursuer answered , that the Law allowed no other evidence to give Capacity to Dispone in leige pousty , but going out to Kirk and Mercat , and if any equivalent were accepted , it would render the most Ancient Law Doubious , and Elusory . As to the second , the Defender having been Portioned before , any Adition on Death-bed had not so much as the favour of a Portion Natural . The Lords rep●lled the Defences , and sustained the Summonds . The Owners of the Ship called the Castle of Riga , contra Captain Seatoun , Eodem die . THis Cause being Debated the 27th . of Iuly last , in which Debate Captain Seat un did chiefly insist to maintain the Decreets of Adjudication upon the presumptions , and evidences , that the Ship or Loadning did truly belong to the Hollande●s ; and that their Passes and Bills were but Contrivances , which the Lords found not sufficiently proven to make her Pryze . Now the Captain insists upon another ground , contained in the Decreets of Adjudication , viz. That she was Navigat by Hollanders , the Kings Enemies , and therefore by the Kings Declaration of the War , the Ship and Goods are lawful Pryze , because the last Article of the Declaration bears expresly to take all Ships Pryzes , that are Sailed by the Subjects of the United Provinces ; and by the Testimony of the Witnesses taken at Cromarty . It was evident that the whole Company was Hollanders , taken on at Amsterdame , and Residenters there . It was answered for the Strangers , that there was a solemn Treaty perfected betwixt their King , and the King of Sweden their Soveraign , that Treaty behoved to be the only Rule , as to the Subjects of Sweden ; by which there was nothing provided , that a Ship should be Pryze , being Sailed with Hollanders ; but on the contrair , the Passe agreed upon by the Treaty , and exprest v●rba●im therein bears , that Oath is to be made , that the Vessel and Loadning belongs to Swedes , but makes no mention of what Countrey the Sailers should be ; and bears that the Master of the Ship may be of any Nation , and therefore mul●o magis , the Sailers . It was answered for the Captain , that the Treaty with the Swedes cannot be the adequat Rule , in relation to all Swedish Pryzes , there being multitudes of Cases not touched therein ; and it cannot be thought the intent of the King , in so short a Treaty , to comprehend all the Laws of Nations at Sea , and all the Cases de jure belli betwixt their Subjects , but the Treaty doth only clear some most important Cases , and grants special Priviledges to either Party , as that such a Passe should be sufficient , and that there should be no search at Sea , where such a Passe is found , nisi gravis suspicio subsit , so that these Cases must still be Regulat by the Law and Custom of Nations , and especially by the Kings Declaration of the War ; so that these making the Rule , the Treaty can make but the exception , and therefore the King , by the Declaration of the War against the H●llanders , gave an expresse Command to make Pryze all Ships belonging to the Hollanders , or having in them Goods belonging to the Hollanders , or Counterband Goods going to the Hollanders , or Navigat by any number of the Hollanders , this must stand as the Rule , seing there is nothing in the Treaty to alter the same , neither doth the Tenor of the Passe ( not mentioning the Sailers ) infer any thing , because the Sailers can be known of what Nation they are , by their Language , and it were unnecessar to cause the Swedes Depone upon Oath that they are Swedes , but cannot be so well known to whom the Ship and Goods belong , and therefore Oath is to be made thereupon ; and albeit a Passe be found Aboard , conform to the Treaty , whereby it is provided , ne quid ulterius inquiratur in navigium , hon●● aut homines nulla t●nus inquiratur , it immediatly follows , Quod si gravis aliqua susp●cio subsit , that there may be seisure even where there is a Passe , or if the Passe were old or vitiat , or appear not to agree with the Hand , and Seal of the places whence it is directed , seisure might be made , and therefore in this Case , the whole Company being Hollanders , as is evident by their Language , although there had been no suspition of the truth of the Passe , they might justly have been seised and confiscat , conform to the Kings Declaration ; neither is it a good Argument , that because the Treaty gives leave to have the Master of any Nation , that therefore all the Sailers may be of any Nation , and therefore if the Company might have been of any Nation , there needed no such expression for the Master , exceptio firmat regulam in non exceptis , which is the more clear , that by the Treaty betwixt the King , and the King of Spain : there is a special priviledge to the ●l●ndrians , that they shall not be questioned , as being Navigat by Hollanders , in respect of the Identity of their Language , which would never have been Demanded , if by the Law of Nations , Hollanders the Kings Enemies , might have been made use of by any in Amity with him . The Lords found that this Swedish Ship being Navigat by the Sailers , all or the most part being Hollanders , Residenters in , or about Amsterdam , when they entered this Voyage , that the same was a sufficient ground of Confiscation , in respect of the Kings Declaration of War , and that by the Swedish Treaty , there was no priviledge granted to the Swedes as to this matter , and therefore Assoilzied from the Reduction , having found it sufficiently proven by the Testimonies at Cromarty ; and whereas it was alleadged that these Testimonies were extorted , by holding Swords and Pistols to the Companies Breasts , both at Sea , and after Landing , to make them confess that they and Goods belonged to Hollanders . The Lords found the alleadgeance relevant ▪ that at Land , and about the time of their Testimony , the Witnesses were so threatned , but would not sustain that they were so threatned at Sea , when they were taken , unlesse it were alleadged , that at Sea they were forced to Swear , or Depo●e upon Oath , whereupon it might have been presumed , that by Reason thereof they would adhere to it when they came to Land. George Graham contra Grissel Tours , and the Laird of Kilhead her Husband , February 26. 1668. GEorge Graham having obtained a Decreet before the Baillie , against Grissel Tours and her Husband , for Furnishing to her first Husbands Funerals ; her Husband Suspends , and raises Reduction on these Reasons , that albeit he stayed sometimes in a Chamber in Edinburgh , he was not in this Jurisdiction , and that his Wifes Oath could infer no burden upon him , and that the Baillies did unwarrantably hold him as Confest , for not giving his Oath of Calumny , whether he had reason to distrust his Wifes Oath . The Lords found this unwarrantable , and therefore Reduced the Decreet as to the Husband , but Decerned against the Wife , ad hunc effectum , to affect her if she survive , or her Executors after her Death , or otherwise to affect any other Goods she had excepted from her Husbands jus mariti . The Laird of Milntoun contra the Lady of Milntoun , Eodem die . THe Lady Milntoun having obtained Decreet of Divorce against Iohn Maxwel her Husband , the Laird of Milntoun having Right from her Husband to her Liferent , which Right fell by the Divorce ; pursued a Reduction of the Decreet of Divorce , wherein the Witnesses being Examined , and Re-examined . The Lords adheres to the Decreet of Divorce , and Assoilzies from the Reduction ; at which time the Lords having allowed him to insist as in Reprobators : he now pursues the same for Convelling the Testimonies of the Witnesses , because they were corrupted and suborned , both by promises , and getting of good Deed , and being prompted how to swear , as their Oath on Re-examination bears . And because their Oath is not only suspicious , but impossible ; because it is offered to be proven , that the Parties were alibi , at a great distance from the place , where the Witnesses Deponed that they committed Adultery , and that for several dayes and nights thereafter , and before . The Defender alleadged that the Lybel was no wayes relevant . First , In so far as it would Convel the Testimonies , as to the principal points referred to Probation , against which no contrair Testimonies ( either of the same , or other Witnesses ) can be admitted by the Law of all Nations , otherwise Plea's should be infinit : for if the second Witnesses might improve the Testimonies of the first , third Witnesses might improve their's , and so without end : and the alleadgeances that the Parties were alibi , are most irrelevant , and is ordinarly rejected , as being a contrair and incompatible Probation , for this being a Crime unlawful at all times , and places , albeit the Witnesses should have forgotten , or mistaken the time , if they be positive in the Act non obest , and so proving alibi at that time , which is not essential is of no moment . 3dly , The Reprobators in so far as they would improve , and convel the extrinsick points of the Testimonies , ad hunc effectum , to render the Witnesses infamous , and their Testimonie invalide as to the whole , which is the proper and only subject of Reprobators , the famine is not now competent , unless first at the time of the taking of the Testimonies , the Pursuer had protested for Reprobators , and had not referred his objections against the habilitie of the Witnesses , to their own Oaths , but had only interrogat them of their Age , Marriage , Residence , freedom of partial Counsel , or Corruption , &c. And upon the reason of their Knowledge , in that case Reprobators might have been competent to prove the contrair of these extrinsick points , and so infirm the Testimony , but here the Witnesses being Examined , especially as to the Interrogators of partial Counsel , and as to the reason of their Knowledge , and no protestation taken at that time for Reprobators , he cannot now make use thereof , and albeit that Reprobators were reserved by the Lords , yet that was not at the taking , but at the advising of the Testimonies , when all that is now alleadged ( as to their corruption , arising from the Re-examination ) did appear to the Lords , and yet the Lords adhered to the Decreet of Divorce , and first Testimonies . The Pursuer answered , that he did not intend to Convel principally the intrinsick points of the Testmonies , but mainly to prove their partiality and corruption , and therewith also to prove their Testimonies were false , and impossible ; neither is it essential to protest at the taking of the Testimonies , nor is there any necessity that the Witnesses Oathes should not be taken on the extrinsick points , but on the contrair , the intent of Reprobators being , that their Oaths , as to these extrinsicks being false , they should be found perjured and infamous , and the whole Testimonies to fall . There was no Interloqutor at this time , upon this Debate . Reoch contra Cowan , Eodem die . REoch pursues Cowan as representing a Defunct to pay a Debt , due by the Defunct to the Pursuer , who alleadged Absolvitor , because Reo●h was vitious Intrometter with the Defuncts Goods , in so far as he lifted 50. Pound , belonging to the Defunct , and gave his Discharge , produced and albeit thereafter he Confirmed himself Executor Dative , yet he wilfully omited that Sum out of the Confirmation , and so as vitious Intrometter , is both Debitor and Creditor , and cannot pursue the Heir . It was answered , that this was res modica , and could not infer the passive Title . The Lords found that this Sum inferred not a general passive Title , but only that is made him comptab●e for the Sum. Maitland contra Lesly , February 27. 1668. IN a concluded Cause of abstracted Multers betwixt Maitland and Lesly , The Pursuer being ●nfeft in the Miln , with the Multers and Sequels , and having proven the astriction of Intown Multers , and Witnesses being adduced concerning the Services , for upholding the Miln and Dam , and bringing home Milnstones , who proved that some of the Lands were not in use of these Services , but by two or three several Acts , as once laying in the Dam , at which the Heretor was offended , and brake the Tennents Head , and twice going to help home the Milnstones , whether these Lands were lyable to the Services . Whereupon the Lords considered whether the constitution of a Thirlage , with Multers and Sequels , did by the nature of the Right , give the ordinary Miln service without relation to Possession , so that immediatly after the constitution , thes might be demanded . Which the Lords decided affirmative , and then found that these Lands were lyable to the service , unlesse they had either by Paction , or Prescriptio● , attained freedom from the service , and found that the Testimonies did not prove freedom for fourty years , and that these Acts were enough to interrupt , and so Decerned for the ordinary services . David Henderson contra Mr. Andrew Birny , Eodem die . MAster Andrew Birny having granted a Bond to Alexander Short , blank in the Creditors Name , he for an equivalent Cause , delivered the same to David Henderson , who filled up his Name therein , and Charges Mr. Andrew therefore ; he Suspends on a Reason of Compensation , upon a Debt owing to him by Short , to whom he delivered the blank Bond , for whom he became Cautioner before he granted the Bond , and payed the Debt , partly before , and partly after this Bond , so that Henderson by filling up his Name , being Assigney , and Short Cedent , payment or compensation against the Cedent , before the Assignation , is relevant against the Assigney . It was answered , that in this Case compensation is not relevant , because the very Delivery of a Bond , in a blank Creditors Name , imports that the Receiver thereof , may put in any Mans Name he will , and he may never make use of Compensation against him whose Name is filled up , otherwise why should the Creditors Name have been left blank , which if it had been filled up , it behoved to have had an Assignation , which is but a Procuratory in rem suaem , so that the Procurator can be in no better state nor the Constituent , but the blank makes the Person filled up Creditor principally . The Lords found Compensation not relevant , against a Person whose Name was filled up in the blank , being a singular Successor to him , who first received the Bond. Mr. William Chalmers contra Wood of Balbegno , Eodem die . MAster William Chalmers , Parson of Feltercarn , pursues Reduction of a Tack of the Teinds of the Paroch , granted by his Predecessors , on this ground , that it is null by Act of Parliament , as wanting Consent of the Patron . The Defender alleadged Absolvitor , because the Pursuer had Homologat his Tack , in so far as he had received payment of the Duty , conform to the Tack , which was a clear acknowledgement thereof . It was answered , that this could only be an Homologation for the years received , and could not Homologat the Tack itself , because the Tack was a standing Right , valid till it were Reduced , and the Pursuer could get no more then the Tack-Duty , till he should Reduce the same . The Lords found this no Homologation , to validat the Tack . Lord Justice Clerk contra Home of Linthel , the Procurator-Fiscal and Officers , February 28. 1668. THe Lord Iustice Clerk being Fined in 50. Pound for his absence from the Lord Homes Head Court of his Barony . The Officers Poinded an Ox , in October after the Plowing was begun . The Lord Iustice Clerk pursues a Spuilzy , as being Poinded in Labouring time , and insisted against Linthel as Depute , who gave the Decreet , and Precept to Poind , and as he who knew of the Poinding of the Ox by the Officer , before he was Delivered , and commanded to Deliver him , and against the Officer who Poinded , and the Procurator Fiscal , who by the Executions of the Poinding , produced ; Received the Ox from the Officer : at the advising of the Cause , Linthel having Deponed by his Oath , that the Officer had told him an Ox was Poinded , and he commanded the Officer to Deliver him , and that he knew not he was a Labouring Ox , so that that member not being proven , the question was , whether Linthel as Deput , giving a Precept to the Officer to Poind in common form , was lyable for the Spuilzy , if the Officer did illegally Poind , and so was answerable for the Fault of the Officer . The Lords found him not lyable , and therefore Assoilzied Linthel , and found that the Execution of the Poinding was sufficient Probation of the Delivery of the Ox to the Procurator-Fiscal , especially seing the Defenders defended themselves with the Poinding , and themselves produced the Execution ; and for the violent profits , the Lords Decerned 5. Shilling for every day , from October to May inclusive , being Labouring time , and that yearly since the Spuilzy till the Sentence . Duke Hamiltoun contra Maxwel of Moreith , February 29. 1668. THe Duke of Hamiltoun , as Collector-General of the Taxations , having Charged Maxwel of Moreith , he Suspends upon this Reason , and alleadges that he had Imparked , and Inclosed a ten Merk Land , since the Act of Parliament , 1661. anent the Inclosing of Grounds , by which , all Lands to be Inclosed thereafter , are to be free of all publick Burdens . It was answered , that the Act of Convention was posterior , and had no such exception , but on the contrair , took away all former exceptions . It was answered , that an Act of Parliament cannot be Derogat , or Abrogat , by an Act of Convention . The Lords found the Reason relevant , notwithstanding of the Act of Convention . Ioanna M●alexander contra Charles Dalrymple , Iune 9. 1668. IOanna M●alexander , a Sister Daughter , and one of the nearest of kin of Umquhile Elizabeth Dalrymple , pursues a Reduction of the said Elizabeth her Testament , whereby she nominat Charles Dalrymple her Brothers Son , her Executor , and universal Legator , upon this Reason , that in the time of the making that Testament she was not compos mentis , but fatuous and insensible . The Lords having appointed the Witnesses of the Testament , and other Witnesses to be Examined thereanent , the Witnesses in the Testament , and Writer thereof being Examined , Deponed that she was in her right Mi●● , and gave order for drawing of the Testament , and gave order to Subscribe it ; the other Witnesses Deponed that about that time , for several weeks before , and some time after , the Defunct was fatuous , and not in a right Mind , and to every question proposed to her , she answered alwise yea , yea , and some words of Ravery , which she frequently spoke . The Lords having also caused Re-examine the Testamentar Witnesses , that it might appear whether she did only answer to Interrogators , as when it was answered , whether she would have Charles Dalrymple her Executor , and universal Legator , and whether she said yea● yea ; and whether she gave Direction without a forgoing question by words that might signify her Sensibility . And having considered the whole Testimonies , they found that Probation most pregnant , that she was Fatuous , and insensible at the time of the making the Testament , and therefore Reduced , albeit the Witnesses were Extraneous that proved , and were not present at making the Testament , at which time a lucide interval of a Person Distempered by Disease , not constantly Fatuous , might have been sufficient . This was stoped till it were further heard . Sir Iohn Gibson contra Iames Oswald , Iune 13. 1668. SIr Iohn Gibson and Iames Oswald having mutual Declarators of Property , of a peice of contraverted Ground , lying on the M●rch between two Gairs , or Bentish Strypes of Ground , through a Moor ; equal number of Witnesses being Examined for either Party , one Witnesse for either side proved 40. years constant Possession of the Party Adducer , and that they did interrupt the other Party and turned away their Cattel when they came over : some of the witnesses did prove either Party to have had Possession above 40. years since , but did not prove that they knew the same constantly so Bruiked , neither did they know any thing to the contrary , and many Witnesses on either side proved not only that the ●eithes Lybeled by the Party who Adduced them , were holden and repute the true Marches for a very long time , but did not express how long ; but some of them Deponed , that Stones in the meithes were commonly holden and repute to be March Stones , and so the Testimonies were contrary , and if there had not been mutual Probation , either Party would have proven sufficiently ; and neither Party having bounding Charters , the question arose whether the ●preg●antest Probation should be preferred , to give the property to that Party , and exclude the other , or if both Parties , proving so long Possession , and mutual interruptions , the Probation should infer a promiscuous Possession , and Right of the contraverted peice of Land , and so resolve into a Commonty , albeit neither Party Claimed nor Lybeled Commonty . The Lords found the Testimonies of the Witnesses to infer a Commonty to either Party of the Ground in controversie , albeit they found that Sir Iohn Gibsons Witnesses were more pregnant , yet not so far as to exclude the others , but declared that if either Party desired that piece to de divided , they would grant Commission for dividing the same , and setting down of March-Stones Burnet contra Nasmith , Iune 19. 1668. ALexa● de● Burnet of Carl●ps , being Creditor to Sir Michael Nasmith of ●osso , pursues a Declarator against Iames Nasmith his eldest Son , to hear and see it found and declared , that an expired Appryzing of the Estate of P●sso , now standing in the Person of the said Iames , is Redeemable by the Pursuer as a Creditor , from the said Iames , as appearing Heir of the Party , against whom it was deduced within ten years after the appearand Heirs Right , upon payment of the Sums , that the appearand Heir truly gave out , conform to the Act of Parliament betwixt Debitor and Creditor . The Defender alleadged Absol●itor , because the Act of Parliament could not extend as to his Case , because the Act bears , [ where appearand Heirs takes Right to Appyzing of their Predecessors Lands ] but the Defenders Father being living , cannot be said to be his Predecessor , or that the Defender is his appearand Heir , and Statutes are stricti juris not to be extended to like Cases . It was answered , that Reason of the Law , given in that part of the Statute , being the same , and rather more in this Case , where there may be Collusion betwixt the Father and the Son , there is no ground to except the same from the Act of Parliament , the words whereof do bear this Case , for in the ordinar Stile it uses to be thus express , such a person to be eldest Son , and appearand Heir to his Father , and albeit his Father be not dead , he may well be said to be his Predecessor , not only in regard of his age , but as being his Predecessor in the Right of these Lands , whereunto the Son is a Successor , alb●it he be a singular Successor . The Lords found the Clause of the Act of Parliament to comprehend Rights acquired by appearand Heirs , in their Predec●ssors Life , and therefore declared . Agnes Hadden and Mary Lawder contra Shorswood . Eodem die . THomas Shorswood having granted an Assignation to a Bond of 500. merks in favours of Agnes Hadden and Mary L●wder , they pursue Magdalen Shorswood , his nearest of kin , to d●liver the same : who alleadged Absolvitor● because the Assignation was never delivered , but being made a year before the Defunctsdeath , remained by him till his death , and was never delivered : and it is not the Subscribing of a Writ , but the Delivery thereof , that makes it that Parties , in whose favours it is conceived , unless the Party were in Family , as a Fathers C●stody is the Childs Custody , and equivalent to Delivery , and unless the Writ had contained a Clause to be valide without Delivery , which this doth not . The Pursuer answered , that this Assignation reserveth expresly the Defuncts Liferent , and a power to dispose thereof , during his Life , which sheweth his mind , not to deliver the Assignation , even when he made it ; otherwise the Reservation in his own favour , would not have been in his own hand , which sufficiently shews his mind , that the Writ should be valide , though not delivered in his life . 2. This being a moveable sum , this Assignation is in effect d●natio mortis causa , and so must be valide , without Delivery , for a Testament or Legacy is valide without Delivery . It was answered to the first Alleadgance , that the Defunct might have Delivered the Assignation , and keeped the Bond ; so that the keeping of the Assignation was not necessary , and so did not import his meaning to be , that the Assignation should be valide without Delivery . To the second , this Assignation is in the Terms and Nature of a proper Assignation , and is a Right inter vivos , and not donatio mor● is c●usa ; because donatio mortis causa , is but as a Legacy , affecting only the Deads part : but if this Assignation had been Delivered , it would have affected all , and so could be no donatio mortis causa , and albeit it was not Delivered , it remains the same kind of Right . The Lords Rep●lled the Defenses , and decerned Delivery in regard of the Tenor of the Assignation , and that it was a moveable sum , it being also info●med that the Defunct had no Children , and the said Agnes Hadden , who was to have 400. merks of the sum , was Cousin-german to the Defunct . Relict of Galrigs contra Wallace of Galrigs . Eodem die . THe Relict of Galrigs pursues for Mails and Duties upon her Seasine , given propriis manibus . It was alleadged for Galrigs no Process , because the Seasine is but assertio notarij , without a Warrand , there being neither a Contract nor Obligation to give such a Seasine . It was answered , that Instruments of Seasine given to a Wife , p●opr●is manibus , have a sufficient Adminicle , and presumption by the Marriage , and the duty of the Husband to provide the Wife , especially where there is no Contract , nor other Provision ; but most of all where the Wife Renunced her Joynture she had with a former Husband in favours of the Granter of the Seasine , and his Creditors , which is a strong presumption , he would give her something in lieu thereof . Which the Lords sustained . Steuart of Torrence contra Feuars of Ernock . Iune 24. 1668. JAmes Steuart , as Donator to the Ward of the Laird of Ernock , by the Lord Semple of whom Ernock held the Lands Ward : pursues the Possessors for Removing , who alleadged absolvitor , because they brooked their Lands by Feues , granted by the Laird of Ernock . The pursuer answered , non relevat , unless the Feues were consented to , or Confirmed by the Superiour ; for by the Feudal Law , no deed of the Vassal can prejudge the Superiour , when the Lands are Ward . The Defenders alleadged , their Feues needed no Confirmation , because they are warranted by Law , by the 72d . Act K. Iam. 2. which stood valide until the Act of Parliament 1606. Prohibiting Feues granted but by immediat Vassals of the King , Ita est , The first Act cannot extend to the Kings Sub-vassals , because it bears only Free-holders , and bears that the King shall accept of the Feu Duty , during the Ward : but the Ward of his Sub-vassals would never fall in the Kings hand : and this meaning of the Act of Parliament is evident by the Act of Parliament 1606. bearing expresly , that there was no warrand by the first Act for any Feues , but such as were granted by the Kings immediat Vassals . It was answered for the Defenders , that they oppone the first Act of Parliament , bearing expresly a general Reason of granting Feues , for the policy of the Kingdom , and that the King would give Example to the rest ; and that the Act no wayes restricteth to Free-holders of the King , but others who hold of Subjects Ward , are called Free-holders , in opposition to Feues ; which is also cleared by the 91. Act Parliament 1503. The Title whereof bears , ( a power to all persons Spiritual and Temporal , to set their Ward Lands Feu , ) which clears the meaning of the Parliament , and the common custom till the year 1606. which is acknowledged in the Narrative of the Act 1606. which doth only annul Feues set to Sub-vassals , in time thereafter : and as to the Narrative thereof , the Statutory part , and not the Narratives of the Acts of Parliament , which the Parliament doth not much notice , are our Rules ; and this Narrative is contradicted by the Narrative of the Act of Parliament 1633. bearing that there is no reason why the Kings immediat Vassals should grant Feues more then Sub-vassals . The Lords sustained the Feues , being granted before the Act of Parliament 1606. Andrew Gray contra Howison and Gray . Eodem die . ANdrew Gray being Infe●t as Heir to his Grandsire , in certain Lands of the Barony of Foules , holden blensh of the House of Gray : pursues a Reduction of a late Infeftment in Anno 1655. granted to Walter Watson , as long Posterior to his Right . Compearance is made for William Gray of Haystoun , as being Infeft by the Lord Gray , and Sir George Kinnard , who was Donator to the Recognition of the Estate of Gray , by the alienation of this Lords Father ; which Recognition hath been declared by the Lords , and alleadged that he hath the only Right ; because by the Recognition , the old Rights of the House of Gray being void , the Pursuers Subaltern Right fell in consequence therewith . The Pursuer answered , that before the Defenders Right , he had obtained a Precept of clarè constat , acknowledging his old Right , whereupon he was Infeft . It was answered , that the Precept doth bear expreslly , to be in obedience of Precepts out of the Chancellary upon the Pursuers Retour , and so being a necessar Act , and not voluntar , it could be no acknowledgement , or Ratification of the Pursuers Right . The Lords having considered the Precept , that albeit it mentioned the Retour in obedience to the Precept : yet it bore also , & quoniam mihi clare constat , &c. in the common strain of a Precept of clarè constat , acknowledging the Pursuers Predecessors Right and his Own. They found that it did exclude the Donator , and all having Right from him thereafter , and after the Seasine past thereon . George Heriot contra Town of Edinburgh . Iune 25. 1668. GEorge Heriots Father being Infeft in an Annualrent , out of certain Tenements in the Canongate , obtained himself to be Served Heir in special therein , before the Baillies of the Canongate , and because the samine is within a Regality , having a proper Chappel , and was not to be Retoured to the Kings Chancellary ; So that Precepts were not to be had out of the Chancellary , against the Town of Edinburgh , Superiours , to Charge them to Infeft him ; therefore George upon Supplication , obtained Letters from the Lords to Charge them ; and they being now Charged , he pursues a Poinding of the Ground . It was alleadged for the Town , no Process for poinding of the Ground , till the Pursuer were Infeft in the Annualrent . It was answered , that he having done Diligence against the Town , it was equivalent , and did exclude them from proponing that alleadgance . It was answered , that no personal objection against the Town , could be a sufficient Title against this Action without a real Right . The Lords found no Process till Infeftment , but declared that so soon as the Magistrates should be Denunced , they would grant Warrand to the Director of the Chancellary to issue a Precept for Infefting the Pursuer , for supplying the place of the Magistrates , and their Contumacy . Black contra Scot. Eodem die . ALexander Black having obtained a Decreet before the Commissar of St. Andrews , against Iames Scot , for 126. pounds ; pursues a Transferrence thereof , against the Representatives of Iames Scot , who alleadged absolvitor , because the Decreet is ipso jure , null , being given by a Commissar , in a matter not Consistorial far above the quantity allowed by the Injunctions , and there being nothing to instruct but the Defenders being holden as confest , the Decreet at least must be turned to a Libel , and yet proven . 2. If the Defunct had been obliged to have compeared , he would not only have denyed the Receipt of the Vinegar and Grapes Libelled , but he would have offered to prove , and the Defender offers yet to prove , that they were refused , and lay publickly upon the Shore where they were disloaded . 3. It was offered to be proven , the Defunct was lying on Death-bed , the time he was Cited to Depone , and was holden as confest . The Pursuer answered , that albeit these Reasons were relevant to Repone a Party holden as confest to their Oath , yet were not sufficient to annual the Decreet , seing the Pursuer lost his Probation , the Receipt of the Goods having been two years agoe ; and albeit this sum exceeded the Commissars Injunctions ; yet the violation thereof does not annual his Sentence , or take away his power , unlesse the samine had been objected upon Compearance . The Lords found not the Defenses Relevant to annul the Decreet , or to hazard the loss of the Pursuers Probation : but seing the Defender burdened himself with a contrair Probation , The Lords inclined to admit the same , if it were sufficiently pregnant ; and therefore ordained the Pursuer before answer , to adduce Witnesses , that the Goods were never taken off the Shore , but Boated there . Inglis contra Laird Balfour . Eodem die . THere being an Un-printed Act of Parliament , for uplifting the Taxt and Loan of the Shire of Fife , for Relief of some Noblemen ingaged for the Shire in Anno 1661. The Council did thereafter give Commission to certain persons in the Shire , to conveen the persons resting , and accordingly Cited the Laird of Balfour , and he not compearing , ordered quartering against him : he Suspends on this Reason , that this being a privat and particular Act of Parliament , to which he was not called , is salvo jure , and could not burden his Lands of Creik , because he is singular Successor therein to the Laird of Creik . It was answered , that there is no exception of singular Successors in the Act of Parliament ▪ so that this Act being a Reviving of the old Rescinded Act , pro tan●o , it must be in the same case as Taxation and Maintenance , which is ever accounted debitum fundi . It was answered , that these burdens Imposed by the Rescinded Parliaments , are not in the same case with other publick Burdens , especially where it is but a particular Act , relating to particular persons and Shires , without Citation of them , for if they had known of this Act , they would have petitioned the Parliament , that singular Successors might have been excepted , as they were in other Acts of this nature . The Lords Suspended the Decreet , and found that as they were singular Successors they were not lyable . David Dick contra Ker. Iune 26. 1668. DAvid Dick as Donator to the Escheat of Ker , insists in a special Declarator , for payment of a sum due to the Rebel . The Defender alleadged Absolvitor , because it being a Bond , bearing Annualrent , it fell not under the single Escheat . It was Replyed , that Bonds bearing Annualrent , are still holden moveable , until the first Term of payment of Annualrent , and is Disposeable by Testament , if the Defunct die before that Term : but here the Rebellion was before the date of the Bond , and so the sum fell to the Fisk , the day it was Subscribed . It was answered , that the 32. Act , Parliament 1661. declares Bonds bearing Annualrent , to exclude the Fisk , without any exception or limitation . The Lords having considered the Act , found that it left Bonds bearing Annualrent , in the same case that they were formerly ; and found that before the Term of payment of Annualrent , they were moveable . Peterson contra Captain Anderson . Iune 30. 1668. CAptain Anderson having taken a Ship , whereof Peter Peterson was Master , and obtained the same declared Prize by the Admiral , upon two grounds ; one that the Ship was sailed , a great part of the company being Hollanders , then the Kings enemies : The other , that albeit it was pretended that the Ship belonged to Swedes , yet by several presumptions and evidences , it appeared , that is was but a conveyance , and that the Ship truely belonged to Hollanders : There is now a Reduction raised of the Decreet , and the first ground thereupon Debated and Decided . It was alleadged for the Strangers , that they being Swedes , their case was only to be ruled by the Treaty betwixt the King and the Crown of Sweden , by which it is expresly provided , that the Subjects of Sweden having such Passes , as are exprest in the Articles , shall not be Seased , or brought up , and particularly in bona & homines nullo modo inquir●tur , viz. Where such a Pass is found aboard , and the said Pass being here found aboard , the Ship was unwarrantably Seased , and unwarrantably declared Prize , upon pretence of being sailed with Hollanders ; because that Article takes away all question about the men , and so gives liberty to the Swedes , to make use of any Mariners they please . It was answered , that the Reason of Adjudication was most just ; and this Reason of Reduction ought to be repelled , because the Kings Proclamation , denuncing the War , gives express warrand to sease all such Ships as had any number of Hollanders therein , which must stand as the Rule , unless the Swedes had by their Treaty , a particular exception , derogating from that Rule , which they have not : but on the contrary , the Treaty contains an express provision , that they may make use of a Hollands Master , and not unless he became a Citizen of some City of Sweden , and be sworn Burgess thereof : but upon the former ground , there needed no such Article for Masters , and all might thereby be Hollanders . And as to the Article of the Treaty , concerning no further inquiry , there is subjoyned , quod si gravis aliqua suspitio subsit ; in which case , notwithstanding of the Pass , Seasure might be made ; but here there was gravis suspitio , that the Ship or Goods belonged to the Hollanders , the Master , and major part of the Company being Hollanders , and the Pass mentioning a Ship of an hundred Tuns , whereas this Ship was two hundreth Tuns . It was answered for the Strangers , that the Kings Proclamation could be no Rule to the Subjects of any other free Prince ; but the Law of Nations , or their own Treaties , behoved to be the Rule : and by the Law of Nations , the King could not hinder his Allies of any Commerce , or Trade with His Enemies , which they were accustomed , or free to do before the War , except such Acts only , wherein they partaked with his Enemies , by furnishing provisions of War , or Counterband Goods ; and so the King by no Proclamation , could hinder the Swedes to hire and make use of Hollanders , which rather weakned , then strengthned his Enemies : and in this case , the making use of Hollanders was necessar , because other Sailers could not be had , when the Ship was bought ; and that Article of the Proclamation ought to be benignly interpret , that when any Ship carries Hollenders as Passengers , the same should be Seased , but not when these were Servants and Mariners to other Nations . It was answered for the Captain , that the Kings Proclamation of the War , behoved to be a Rule to the Kings Judges , and that it was most consonant to the Law of Nations , and it was impossible without the same , to know what Ships did truly belong to Allies ; and that in the Spanish Treaty with the King , that priviledge was specially indulged to the Flandrians , not to be quarrelled upon the account of Hollanders , because of the Identity of their Language , which would have been unnecessar , if by the Law of Nations , all might have so done . The Lords Repelled the Reason of the Reduction , and found that ground of the Adjudication , that the Ship was Sailed , with a great part of the Company being Hollanders , Relevant alone , and that the same was sufficiently proven by the Testimony of the Steirsman , and another Witness of the Company , and therefore Assoilzied from the Reduction . The Minister of Elgin contra his Parochioners . Eodem die . THE Minister of Elgin pursues his Parochioners for the Viccarage of some Yeards in Elgin , which belonged of old to the Canons of the Cathedral Kirk of Elgin , and were by them Feued to the Defenders , who alleadged Absolvitor ; because the Yeards being a part of the Canons Portions , and in effect their Gleibs had in no time past , ever payed Viccarage , which is consuetudinar , and local , both as to the payment , and the kinds ; for in some places , Teind Lint , and Hens are payed , and in others not : but the ordinar Viccarage being Stirks , Wool , Milk and Lamb , there is none of these to be had in these Yeards . It was answered , that no Prescription could take away Teinds , upon the forbearance of demanding it by Beneficed Persons , who are but Administrators , and cannot Delapidat ; otherwise all Benefices might be destroyed . 2ly , Lands that have been always Ploughed , and so payed Parsonage , and becoming Grass , are lyable to Viccarage , albeit it cannot be proven , that ever they payed any before . The Lords found the Defense Relevant , unless the Pursuer could prove that Viccarage has been payed out of these , or out of any other the Canons Portions of this Kirk . George Shein contra Iames Christie . Eodem die . G Christison of Bassallie , gave an Infeftment to his eldest Son , of the Lands of Bassallie , and to his second Son , of an Annualrent of 86. merks forth thereof , both of one date , and both reserving the Fathers Liferent . Iames Christie hath Right by Appryzing , led against the eldest Son , in his Fathers life , to the Lands . George Shein hath Right by Adjudication , against the second Son , to the Annualrent , and pursues a poinding of the Ground . It was alleadged for Iames Christie , that Sheins Authors Right was base , never cled with Possession , and so null ; whereas his Right was publick by an Appryzing , and had attained to Possession . It was answered , that the Fathers Liferent being reserved , the Fathers Possession was both the Sons Possession , and did validat both their Rights . It was answered , that a Disposition by a Father to his own Children , reserving his own Liferent , though Infeftment follow , is alwayes accounted simulat , and never accounted cled with Possession , by the Fathers Possession , as hath been frequently decided . It was answered● that albeit in Competition betwixt base Infe●tments , granted to Children , and Infeftments granted to Strangers upon onerous Causes ; the Childrens Infeftment , though prior , and though reserving the Fathers Liferent , uses to be preferred ; yet here that holds not , for both Infeftments are granted to Children , both of one date , and neither of them to Strangers , or upon onerous Causes ; and therefore the Reservation here is without suspition of Simulation , and the Fathers Possession must both validat the second Sons Annualrent● and the eldest Sons property . Which the Lords found Relevant , and that the Fathers Possession by this Reservation , did sufficiently validat both the Sons Infeftments ; and that the Possession of one after his Death , or of any succeeding in his Right , did not exclude the other , or his singular Successor . Mr. Robert Burnet contra Swane . Eodem die . MR. Robert Burnet Tutor of L●yes pursues for Mails and Duties of a Tenement in Aberdene . It was alleadged for Swane the Defender , Absolvitor , because he stands Infeft in the Lands ; and by vertue of his Infeftment , in Possession ; and albeit the Pursuers Infeftment be prior , it is null , neither being Registrat in the Register of Seasins , nor in the Town Clerks Books of Aberdene , according to the custom of all Burghs , but hath been latent many years , and no vestige of it in the Town Books ; so that the Defender was in bona fide , to Contract with the common Authour , and Apprize thereafter . It was answered , that the Act of Parliament excepted Seasins within Burgh ; and the Pursuer having the Town Clerks Subscription was not answerable for his keeping a Prothecal , or Record . Which the Lords found Relevant , and sustained the Seasine . Colquhoun and Mcquair contra Stuart of Barscub . Iuly 1. 1668. THe Laird of Barscub having seued certain Lands to Colquhoun and Mcquair , to be holden of himself , in the Contract of Alienation , there is a special Clause , that because the Lands are holden Ward of the Duke of Lenox ; therefore Barscub is obliged to relieve these Feues of any Ward that shall fall in time coming : Thereafter Barscub Dispones the Superiority of these Lands , and by the Death of his singular Successor , his Heir falls in Ward , whereupon Sentence was obtained against the Feuars for the Ward Duties , and the avail of the Marriage , and they now pursue relief against Barscubs Heir , upon the Clause of Warrandice above-written . The Defender alleadged , that the Libel was no ways Relevant , to infer warrandice against him , upon the said Clause ; because the meaning thereof can only be , that he as Superiour , and so long as he remained Superiour , shall relieve the Feuars , which ceases , he being now Denuded of the Superiority ; otherwise it behoved to have imported , that he should never sell the Superiority , without the Vassals consent , which no Law doth require : or if the Lands had been Appryzed from him , he could not be lyable for the Ward of the Appryzers Heir , which is cleared by the ordinary Custom , there being nothing more frequent in Charters , than Clauses of absolute warrandice ; and yet none was ever overtaken thereby , after they ceased to be Superiours . The Pursuer answered , that his Libel was most Relevant ; because this being an Obligement , conceived in their favours by Barscub , not qualified as Superiour , no Deed of Barscubs , without their consent , can take it from them , unless Barscub , when he sold the Superiority , had taken the new Superiour obliged , to receive the Vassals with the same warrandice ; but now the new Superiour , not being obliged by this personal Clause , Barscub the old Superiour , must remain obliged , especially in a Clause of this nature , which is express for all Wards to come . The Lords Repelled the Defense , and Sustained the Libel , and found the Superiour ( albeit Denuded ) lyable for Warrandice . Thomas Rue-contra Andrew Houstoun . Iuly 3. 1668. ANdrew Houstoun and Adam Mushet , being Tacksmen of the Excize , did Imploy Thomas Rue to be their Collector , and gave him a Sallary of 30. pound Sterling for a year , thereafter he pursued Andrew Houstoun upon his promise , to give him the like Sallary for the next year , and in absence obtained him to be holden as confest and Decerned : Which being Suspended , he obtained Protestation , and therefore raised Caption , and apprehended Andrew Houstoun at Wigtoun , who gave him a Bond of 500. Merks , and got a Discharge , and being Charged upon the Bond of 500. Merks , he Suspends on these Reasons , that Thomas Rue had granted a general Discharge to Adam Mush●t , who was his Conjunct , and co●reus de●endi , af●er the alleadged Service which Discharged Mush●t , and consequently Houstoun his Partner . 2dly , The Decreet was for Sallary , and it was offered to be proven , that Rue ( for his Malversation ) was by warrand from Ceneral Monk , excluded from Collection that year , and by the Discharge of the Decreet , and this Bond , both of the same Date and VVitnesses , it did appear that this Bond was granted for the Decreet , and if the Decreet were Reduced , by the Reduction thereof depending , the Bond would fall in consequence , as granted for the same Cause . The Charger answered , that he was now not obliged to Dispute , in relation to the Decreet . First , Because the Suspender had Homologat the same , by taking a Discharge thereof , and giving a Bond therefore . 2dly , There was not only a Homologation , but a Transaction upon a Reference , made by the Parties to ●aldone , conform to his Attestation produced ; so that that Transaction cannot be recalled upon any pretence , but is the most firm , and Obligatory Contract of any . The Suspender answered , that his payment making and taking Discharge , was no Approbation , nor Homologation , but that he might reduce the Decreet , and repeat if he had payed , or been poynded , and so may retain ; especially seing it was done metu Carce●is , he being taken with Caption : and as to the Transaction , he denies the same ; neither can it be instructed by Baldones Attestation , but by the Suspenders O●th or VVrit . The Lords f●und that the granting of the Bond was no H●mologation of the Decreet , but that ●e might quarrel the same ; and that the giving of the Bond was no Transaction , if he payed or gave Bond for the whole Sums contained in the Decreet : but found that ●f in consideration of the Grounds upon which he might quarrel the same , he had g●●●en an abatement by Arbitration , or otherwise that he could not quarrel the same , and found it only probable by his Oath , or ●●rit . Iames Donaldson contra Harrower . Eodem die . JAmes Donaldson pursues Iohn Harrower as representing his Father , for whom the Pursuer became Cautioner to the Lord Rollo for 100. pound , for relief of the Defuncts Goods that were then a poinding ; for which the Defunct promised payment , and did pay the Lord Rollo , and produces a Testificat of the Lord Rollo's thereof , and craves payment , and offers to prove the Libel by VVitnesses , the Libel not being above an hundred pound . It was alleadged for the Defender , that this being a Cautionry , and a Promise it was not probable by VVitnesses , especially after so long a time , the Promiser being dead , who might either qualifie the Promise , or instruct payment , there being nothing more ordinar , then to Transact such Affairs without any VVrit . The Lords found the Libel not probable by Witnesses . Frazer contra Frazer . Eodem die . JOhn Frazer having obtained a Decreet against William Frazer his Brother , to deliver a Tack of the Lands of Boghead , granted to their Father and his Heirs , to whom the said Iohn is Heir . William Suspends on this Reason , that he is Heir to his Father of the second Marriage , and produces his Retour , and produces the Contract of Marriage , including a Clause , that all Tacks Conquest during the Marriage , should belong to the Heirs of the Marriage ; and this Tack being Acquired during the Marriage , the same belongs to him : and albeit it he conceived to the Heirs generally ; yet by the Contract , the Pursuer as Heir general , will be oblieged to Assign . It was answered , that this Tack was no new Conquest , but had been the old Possession of the Father , and the Tack bare the Lands to be presently possest by him . The Lords found this Tack to fall under the Clause of Conquest , unless the Pursuer prove that there was an old Tack standing , which expyred not till the second Marriage was Dissolved , in lieu whereof , this new Tack was taken . Hamiltoun contra Callender . Iuly 7. 1668. JAmes Hamiltoun having taken his Debitor with Caption , offered him to Iames Callender Baillie of Falkirk , to be Incarcerat in the Tolbooth of Falkirk , and he refusing , he now pursues a subsidiary Action against the Baillie , for payment of the Debt ; who alleadged Absolvitor , because he is no Magistrate of a Burgh Royal , but of a Burgh of Regality , the Baillies whereof were never in custom to be Charged with Rebels . The Pursuer opponed the Act of Parliament 1597. cap. 279. bearing expresly ▪ Baillies of Stewartries and Regalities , according to which , the Tenor of all Captions , bears the Letters to be direct against all Baillies of Regalities . The Defender answered , that for the Letters , it is but stylus curiae ; and for the Act of Parliament , the Narrative and Reason thereof relates only to Burghs having Provest , Baillies and Common Good. The Lords having considered the Act of Parliament , Repelled the Defense and Decerned here the Rebel was Residenter within the Burgh of Regality , where there was known to be a convenient Prison . Relict of William Pattoun contra Relict of Archibald Pattoun . Eodem die . THE Relict and Executors of William Pattoun , pursues the Relict and Executors of Archibald Pattoun , for Compt and Reckoning of Sums and Goods belonging to the said umquhil William Pattoun by Archibald , and craves the Defender to produce Archi●alds Compt Books , who alleadgen nemo tenetur edere instrumenta sua contra se ad fundandam ●item ; so that the desire was no wayes reasonable , unless the Pursuer had given in a particular Charge , and Litiscontestation had been made thereon ; in which case , the Defender might have been compelled , ad modum probationis , to have produced the Books . It was answered , the contrair was found in the Compt and Reckoning betwixt the Children of George Sui●ty against the Representatives of William Suitty their Tutor , and that there was as great reason here , the two Defuncts having been Brothers , and being in Copartnery together , and the one Factor for the other . It was answered , that the case of a Tutor and his Pupil was no way alike , because the Tutors Compt Book was in effect the Pupils , and the Copartinery , and Factory was denyed . The Lords ordained the Book to be put in the hands of the Auditor , and if he found by inspection thereof , any Accompts appeared as betwixt Partners and Factors , he should produce the same to the other Party , even ad fundandam litem , otherwise that the same should be given back , and not showen to the Pursuer . Margaret Alexander contra Laird of Clackmannan . Iuly 9. 1668. MArgaret Alexander being Infeft in an annualrent out of the Lands of Sauchie , by a posterior Infeftment , in Corroboration of the former Right , she was Infeft in that same Annualrent , out of other Lands , whereof she was in Possession ; but this posterior Infeftment being Reduced upon an Inhibition prior thereto ; she pursues poinding of the Ground , of the Lands of Sauchie , upon the first Infeftment . It was alleadged for Clackmannan Absolvitor , because the Pursuers Right of Annualrent is base , never cled with Possession , and now he is Infeft in the Lands , either publickly , or by another Infeftment cled with Possession . The Pursuer answered , that the Infeftment in the Lands of Sauchie was sufficiently cled with Possession , in so far as the posterior Infeftment of Annualrent in Corroboration thereof was cled with Possession , and as payment made by the Heretor , by himself for his Tennents , or by Assignation to Mails and Duties of other Lands in satisfaction of the Annualrent infers Possession ; so payment made by his Tennents , by the posterior Infeftment in Corroboration , can be no worse then an Assignation to the Mails and Duties of these Lands ; which as it payes some Terms Annualrent of the first Infeftment , so it must cloath it sufficiently with Possession . It was answered , that here being two distinct Infeftments at several times , albeit for the Annualrent of the same sum , yet the Possession of the last cannot relate to the first . The Lord Repelled the Defense in respect of the Reply , and found that Possession by the last Infeftment , did from that time sufficiently validat the first . Heugh Boog contra Robert Davidson . Eodem die . HEugh Boog having arrested Robert Davidsons Fee , as Keeper of Herlots Hospital , Pursues the Town of Edinburgh to make it forthcoming . It was alleadged for Robert Davidson Absolvitor , because Robert Davidson had made cessionem bonorum , in favours of this Pursuer and his other Creditors , and thereupon was Assoilzied . The Pursuer answered , that a Honorum did no wayes secure contra acquirenda , unless the Assignation or Disposition had been equivalent to the Debt , and satisfied it . The Defender answered , that that which was here Acquired , was only a Fee for Service , which is Alimentar , and the Fee will not be due , unless the Defender Serve in suitable condition , effeirand to his place ; and therefore it cannot be made forth coming to any other use . The Lords found that a Fee in so far as was necessar for the Servants Aliment conform to his condition of Service , could not be reached by his Creditors to whom he had made cessionem bonorum , except as to the superplus , more then what was necessar , and they found no superplus in this case . Captain Allan contra Parkman . Eodem die . CAptain Allan having taken Bartholomew Parkman , and obtained him to be declared Prize . Parkman raises Reduction , and for fortification of the Admirals Decreet of Adjudication , these Grounds were alleadged : First , That by the Testimonies of the Steirsman and Company , it was proven that three of the Company were the Kings Enemies ; and so conform to the Kings Declaration of War , Ordaining all Ships to be seazed wherein there were any number of men belonging to the Kings Enemies : this Ship was Prize , as was lately found in the case of the Ship called , The Castle of Riga . And albeit by a former Interloquitor , the Lords had not found three men to be a number sufficient for Confiscation : Yet it was not then considered ; that the whole Company consisted but of eight ; so that near the third of the Sailers were the Kings Enemies , and one of them the Steirsman , which is a considerable proportion . 2dly , This Ship though pretended to belong to the Swedes , yet she had served the Kings Enemies , the Danes and Hollanders , two years ▪ and by the Swedish Treaty it is provided , quod naves nullo modo accommodentur utriusque foederati inimicis . 3dly . It is also proven , that this Ship carried Counterband-goods , viz. Tar , which was not the product of Sweden , but carried from Denmark to Holland , and that she was taken in her return , having in a loadning of Salt from France ; so that albeit the Ship had been empty , she might have been taken Prize in that same Voyage , in which she did partake with the Kings Enemies : or being taken in the same Voyage , in which she had carried bona hostium . And lastly , it was also instructed , that the Cargo with which she was taken , was the product of the Counterband-goods , and so in the same case as if the Counterband-goods had been actually in her , the product being surrogatum quod sapit naturam surrogati . It was answered for Parkman , to the first Ground , that he opponed the Lords Interlocutor , finding three Sailers no sufficient number for Confiscation . And in the case of The Castle of Riga , the major part , at least the half were the Kings Enemies . To the second Ground it was answered , that the Kings Allies making use of their Ships for Fraught , was no way a lending of them to the Kings Enemies ; and as for the remnant Goods , by the Kings Declaration of War , there is only given Warrand to sease Ships , having in them Counterband-goods , or Enemies Goods ; and the Swedish ●rety bears expresly si deprehenduntur ; so that this Ship having in her when she was taken , no Counterband nor Enemies Goods , is free . It was answered , that the Kings Declaration , although it mention some cases of Seasure , is not full or exclusive , but the Law of Nations must take place , or the Custom of Scotland , in cases not exprest in the Kings Declaration . And as for the Swedish Treaty , it cannot be pleaded , unless Parkman had a Pass from Sweden , in all points conform to the Treaty : but their Passes were in several things disconform , as being granted when the Ship was in Holland , and sent over Land. And as for the Custom of Scotland , to take Ships in the return of that Voyage , in which they carried Counterband , or prohibited Goods ; it appeareth by the Captains Commission , and former Commissions in Anno 1628. and by a Decreet declaring a Prize , wherein the same ground was Libelled , that she was taken in the return of that same Voyage , in which she had carried Counterband . And the Lords having Written to my Lord Secretary , his Letter in return , bears , That the Lords should decide according to the Law of Scotland . It was answered for the Stranger , that the particular Custom of Scotland can be no Rule for the Swedes ; but only the Law and Custom of Nations ● and that England , nor no other Nation hath that Custom , to make Seasure , but in delicto , otherwise all Trade and Commerce would be destroyed , unless Seasure were only upon what were visibly Aboard , and not upon the pretence of what had been Aboard : and albeit a Delinquence once committed by partaking with the Kings Enemies , might endure for a longer time : Yet the Custom of Nations , for the utility of Trade , hath Abridged it to actual Seasure , in delicto , and accordingly Judge Ienkins , Judge of the Admirality in England , hath Attested , that during this War , after search of the Records , and Conference with other Judges , he knows not of any Prize declared , but when the Counterband goods , or Enemies Goods were taken actually in them . And for the Decreet alleadged on , albeit that Ground be in the Libel ; yet other Grounds are also therein , and there is no Debate as to that particular Point ; neither doth the Probation mentioned in the Decreet clear , that that Point was proven . And as to the Tenor of the Commissions , albeit they might excuse the Captain from Fine , or Damnages ; yet Strangers did not , nor were not obliged to know the same : but the Law and Custom of Nations , and the Kings publick Declaration of the War , and their Treaties . The Lords having considered the Debate , and that the several Points were of Importance and Preparatives , they resolved to take the Grounds joyntly , and so found the Ship Prize , as having so considerable a proportion of her Company the Kings Enemies . Some also were of the opinion , that she having been taken in the return was sufficient , especially not having a sufficient Swedish Pass● but the plurality wa●ed these Points , whether the returns of Enemies Goods , or Counterband , or whether the Product , or not Product thereof were sufficient Grounds of Seasure , seing it did not so appear by the Custom of Nations , or the Kings Declaration of War : but by the former Debate it appeared , that she had Aboard when taken , a small parcel of Tar. Mr. David Falconer contra Sir Iames Keith . Iuly 14. 1668. MR. David Falconer gave in a Complaint against Sir Iames Keith of Caddam , that he being in the exercise of his Office , informing the President to stop a Bill of Suspension , given in by Sir Iames Keith : Sir Iames did revile and threaten him , calling him a Liar and a Knave , and saying if he found him in another place , he would make him repent what he said . The Lords having received Witnesses in their own presence , and finding it proven , sent Sir James to the Tolbooth , there to remain during their pleasure , and Fined him in 500. Merks . Earl of Wintoun contra Gordoun of Letterfary . Iuly 15. 1668. THe Earl of Wintoun having Appryzed certain Lands in the North pursues for Mails and Duties . It was alleadged for Gordoun of Letterfary , that he stands Infeft in these Lands ; and by vertue of that Infeftment , is seven years in Possession , and thereby has the benefit of a possessory Judgement , and must enjoy the Mails and Duties till his Right be Reduced . The Pursuer answered , that he had Intented Process upon his Right for Mails and Duties , Anno 1658. whereby the matter became litigious , and which stops the course of any possessory Judgement , till that Citation expyre , by the course of 40. years , in the same way as it is in Removings or Ejections : where Summons once Intented , does not Prescribe by three years thereafter , but lasts for 40. years . The Defender answered , that the case is not alike ; for the benefit of a poss●ssory Judgement is introduced for the Security of Persons Infeft , that they be not summarly put to Dispute their Authors Rights which are oftimes not in their hands , but in the hands of their Authors , or Superiours ; and there was never any Reply Sustained against the same , unless it were Vitious or Violent , or Interrupted : but here the last seven years Possession , after that Citation , is neither Interrupted , nor Vitious ; and these being no stop to take away the Effect of that Citation : it were of bad consequence , if Persons Infeft 39. years after a Citation , behoved Summarly to Dispute their Rights . The Lords Sustained the Defense of the Possessory Judgement , upon seven years peaceable Possession , before the Citation , and Repelled the Reply . The Pursuer further Replyed , that in the seven years after the Citation , there were some years wherein there was a surcease of Justice , and no Courts in Scotland . 2dly , The Citation was by his Tutors and Curators , and he was minor during the seven years . It was answered , that a possessory Judgement was competent against minors , and there was no respect of minority therein , which is only excepted in the great Prescription , extinguishing the Right ; but in the possessory Judgement in Relation to the way of Process , and the Fruits in the mean time , as in all Prescriptions , tempus contin●um , and not tempus utile , is respected . The Lords also Repelled both these Replyes , and notwithstanding thereof Sustained the Exception on the possessory Iudgement . Sir William Steuart contra Murrays . Iuly 17. 1668. SIr Iames Murray , his Estate being Appryzed by many of his Creditors ; Sir William Steuart , one of the Appryzers , pursues the rest for Compt and Reckoning of a proportionable part of the Rents , in respect that his Appryzing is within a year of the first effectual Appryzing , and comes in therewith pari passu , by the late Act of Parliament , betwixt D●bitor and Creditor . It was alleadged Absolvitor : First , Because the Pursuers Appryzing is incompleat , nothing having followed thereupon now these 16. or 18. years ; and by the Act of the late Parliament , anent the Registration of the allowance of Appryzings , that is declared to be a necessar Solemnity for all Appryzings led since Iune 1652. and this Appryzing is not yet allowed . It was answered , that by the late Act of Parliament , the Certification of the want of allowance is not , that the Appryzing shall be null ; but that posterior Appryzings first allowed , shall be preferred : but the Act betwixt Debitor and Creditor , brings in Appryzings together , deduced within a year , according to their Dates , without mention of allowance , and is posterior to the said other Act , and cannot be Derogat from thereby ; nor does the Act require Infeftment , or any thing else , but takes away the preference of Appryzings by the former Act , as to such as are led within a year . The Lords Repelled this Defense , and Ordained the Pursuer now to allow his Appryzing , which they found sufficient . The Defenders further alleadged Absolvitor , because the Pursuer had accepted a Disposition from Sir Iames Murray , the common Debitor of a Tenement in Edinburgh , bearing expresly , in satisfaction of his Debt , which is now produced by himself . The Pursuer answered ; First , That he was excluded from the benefit of that Disposition by Eviction , by the Earl of Panmure , who Appryzed before he was Infeft . 2dly . That whatever it bear , it was but truely granted for Security ; for there is produced an Assignation by Sir Iames , of certain sums to the Pursuer , for the same Debt , which could never have been , if the first had been made in satisfaction . The Defenders opponed the Disposition , bearing expresly in Satisfaction , the benefite whereof accrescing to them , upon the Pursuers Receiving the Disposition , cannot be taken from them by any posterior Writ of the Common Debitor ; nor are they obliged to Dispute , whether it was valid or effectual , seing it was accepted , and the Eviction doth not annul the Acceptance , but giveth place to the Clause of Warrandice , contained in the Disposition , which is Personal , and reacheth only the Common Debitor , and not the Defenders : 2dly , It was the Pursuers own fault that he was excluded , in not Infefting himself upon his Disposition , which he received before Panmuire's Appryzing . It was answered , that he could not compel the Superiour to receive him , and that the Baillies of Edinburgh required bygone Sess , and Feu-duties to be payed before he were Infeft , which he was not obliged to pay , seing by the Disposition he was to be free of all Incumberances . It was answered , that the Baillies of Edinburgh refuse no body , as is known , and these Incumberances were but to be purged by a personal obligement of the common Debitors , neither did the Pursuer ever give back the Disposition . The Lords Sustained this Defense , and found the receiving , and retaining the Disposition in Satisfaction , sufficient to exclude the Pursuer . It was further alleadged for Patrick Murray of Deuchar , that he has Right to the Lands of Deuchar not only by Appryzing , but by a voluntar Disposition , whereupon he was Infeft before the Pursuers Appryzing , and hath been by vertue thereof in peaceable Possession these 16. years , and so hath the benefit of a possessory Judgement , and a prior more valide Right . It was answered that this voluntar Disposition was granted after the Denunciation of the Pursuers Appryzing ; after which , the common Debitor could not prefer any other Creditor by his voluntar Deed ; and so the Denunciation making the matter litigious , any posterior Possession is Vitious , and cannot give the benefit of a possessory Judgement ; neither is the Disposition being after the Denunciation a valide Right ; but especially it being considered , that the Act of Parliament brings in this Pursuer with the other prior Appryzers , as if they had been in one Appryzing , and several of the other Appryzings are led , and Infeftment thereon before the Disposition . The Lords Sustained this Defense , and found that the Denunciation did not take away the benefite of a posterior possessory Iudgement . Lord Dumfreis contra Smart . Iuly . 18. 1668. THe Laird of Wamphray , being due a yearly Annuity to his Good-mother , the Lady Wamphray , which now belongs to the Laird of Castlemaines her Husband , jure mariti , there is a competition thereanent , betwixt . Factor to the Earl of Dumfress , whose Name was used in the Gift to Dumfreis behove , as Donator to the Escheat of Castlemaines , and Smart as having appryzed from Castlemaines the Right to this Liferent , jure mariti , who alleadged that he ought to be preferred to the Donator ; because albeit his Appryzing was after the Rebellion , yet it was upon a Debt anterior to the Rebellion , and was long before the Donators Gift ; and therefore according to the known Custom , Diligences of Creditors being before the Gift , or Declarator , are alwayes preferred to the Donators of single Escheat . It was answered for the Donator , that that Custom was never further extended then to Moveables , or Moveable Sums poynded , or made forthcoming upon Arrestments , but never to Rights having tractum futuri temporis , which cannot be carried by poynding or Arrestment , but by Appryzing or Adjudication , as Tacks or Liferents , when Assigned , so that the jus mariti being a Legal Assignation , and thereby falling under the Husbands single Escheat , falls to the King and Donator by the Rebellion , and cannot be taken away by an Appryzing , pesterior to the Rebellion . Which the Lords found Relevant , and preferred the Donator . Mr. George Iohnstoun contra Parichloners of Hodony . Eodom die . MR. George Iohnstoun having Right to a Tack set by the Parson of Hodony ▪ for his Lifetime and three years thereafter , and having used Inhibition , pursues the Possessors of the Lands , who alleadged Absolvitor , because the Tack is null , being set for more nor three years , without consent of the Patron , by the Act of Parliament 1621. It was answered that the Pursuer restricts his Tack to three years . The Defender opponed the Act of Parliament , declaring such Tacks simply null , as were set for more then three year . The Lords Sustained the Tack for three years , as allowed by the Act of Parliament . R●bert Thomson contra Earl of Glencairn . Iuly 21. 1668. RObert Thomson having pursued the Earl of Glencairn for a Compt of Wright Work , wherein he was Imployed by the late Earl for his Lodging and Yeards , when he dwelt in my Lord Oxfoords House . It was alleadged for the Earl , that the Imployment being a Direction , was only probable scripto vel juramento . The Lords before answer , having ordained Witnesses to be Examined , and their Testimonies being clear and pregnant , that the late Earl did imploy the Pursuer in this Work , and called for him frequently , and ordered the Work from time to time ; they Sustained the Witnesses in the Probation , and found it prove● . It did not appear that this Pursuer was within three years of the Work , but the Defender did not insist in any Defense thereupon . Patoun contra Patoun . Eodem die . PAtoun in his Son● Contract of Marriage , Dispones to him his Estate , and the Tocher was payable to the Father ; after the Contract , and before the Marriage the Father takes a Bond of 2800. Merks from his Son , the Wife and her Brother pursues a Reduction of this Bond as fraudulent , & contra bonos more 's & contra pacta dotalia . It was alleadged for the Father , that he might very lawfully take a Bond from his Son , for provision of his Children after the Contract , and before the Marriage , having Infeft his Son in his whole Estate , which was worth 1000. Merks yearly , and getting but 2500. Merks of Tocher , and having some Debt and many Children . It was answered , that the Estate was not worth 600. Merks of Rent , and the Fathers Liferent of 400. Merks reserved , so that the Annualrent of this Bond would exhaust the remainder , and they would have nothing to live upon . The Lords having considered the Contract and Alleadgances , thought that it was not sufficient to annul the Bond , that it was after the Contract , and before the Marriage , if there was any reasonable cause . Therefore , and before answer ordained the Commuuers at the Marriage to be Examined , whether it was communed and agreed , that the Tocher should be accepted for f●tisfaction of the Debt and Bairns Portions , and they having Deponed Affirmative . The Lords Reduced the Bond as contrair to the Communing at the Contract of Marriage , the Estate being very mean. Sir Iohn Weems contra Campbel of Ednample . Eodem die . SIr Iohn Weems having Charged Ednample for Maintainance due in Anno 1648. He Suspends on this Reason , that upon consideration of the burning of his House in the time of the Troubles , he got an Exemption and Discharge from the King and Parliament , Anno 1651. It was answered that that Parliament was Rescinded , and the Charger had a Commission to uplift all Maintainance in Anno 1648. from the Heretors , notwithstanding of any exemptions granted by these pretended Parliaments , and their Committees . The Suspender answered , that the Act Rescissory has an express Reservation of all privat Rights , acquired by Authority of these Parliaments for the time ; and so this Exoneration of his becoming his privat Right , falls not by the Act Rescissory : and as to the Act of Parliament , and Commission to the Charger , it must be understood salvo jure , and cannot take away the Suspenders anterior Right acquired . Which the Lords found Relevant , and Suspended the Letters , and found that the Suspenders Exoneration was not taken away , either by the Act Rescissory , or by the Act and Commission in favours of Bogie . Lord Rentoun contra Laird Lamertoun . Eodem die . THe Lord Rentoun , Justice Clerk , having pursued Lamertoun , as Representing his Father , for the Pursuers Rents and Goods intrometted with by the Defenders Father in Anno 1641. The Defender excepted upon the Act of Pacification in Anno 1641. and upon the Act of Indemnity in Anno 1661. and produced his Fathers Commission , by which he medled ; so that having done by publick Authority for the time , in relation to the War , and differences of the time , he was secured by both these Acts. The Pursuer answered , that the Act of Pacification , and that whole Parliament was Rescinded , and the Act of Indemnity had an express exception of all that medled with publick Monies of Fines , Forefaultors , or Sequestrat Estates , and had applyed the same to their own use , and had not duly counted therefore : and the Pursuer insisted for what the Defenders Father had applyed to his own use , or had not duly counted for . The Defender Duplyed , that his Father had duly counted for his whole Intromission , and had made Faith to the Committee of Estates particularly , that he had truly given up his Charge without omission , and thereupon was Discharged . The Pursuer answered , that he had instructed much more Intromission , and was content to allow the particulars in the Compt produced , and craved the superplus , which he had now proven by Witnesses adduced before answer : and as for the Oath , it could only be understood as an Oath of Credulity , like that of Executors Confirming Testaments , which doth not exclude probation of Super-intromission : and there being two Compts produced , the Charge of the last Compt is the rest of the former Compt , and the Oath relates only to the last Compt. The Lords Repelled the Defense upon the Act of Pacification , which they found was only unrescinded , in so far as it is contained in the late Act of Indemnity ; and Repelled the Defense upon the Act of Indemnity , in respect of the Exception ; and found that the Father had not Counted duly for his whole Intromission ; and that his Oath extended only to the last Compt : and having considered the Testimonies of the Witnesses , they made a difference betwixt what umquhil Lamertoun applyed to his own use , and what Corns and Cattel were carried away by Souldiers , by his direction to the Army , that he might be free of the latter , and lyable for the former . Iohnstoun of Sheins contra Isobel Arnold , Iuly 22. 1668. IAmes Arnold having granted a Bond of Provision to his Daughter Isobel , became afterwards Debitor to Iohnstoun of Sheins , who Appryzed Arnold's Estate , in Anno 1638. upon a Debt of his own , and as Assigney to another Debt . Thereafter Isobel Arnold on her Bond of Provision Appryzes the same Lands ; Sheins conies in Possession of the most part , and Isobel in a small part , till they both acquire the benefit of a Possessory Judgement , whereupon there are mutual Reductions ; Sheins Reason was , that his Fathers Appryzing was long prior to the Defenders , and that the ground of the Defenders Appryzing , was only a Bond of Provision by a Father to his Daughter , which could never exclude the Fathers Creditors , especially if that Debt was contracted before the Bond of Provision was granted , and while it remained in the Fathers Custody , and so in his power to be Reduced at his pleasure . Isobels Reason of Reduction was , that albeit Shein's Appryzing was prior , yet there was no Infeftment thereon in Shein's person , bearing to be on an Assignation to the Appryzing by Shein's to Collingtoun , but any Infeftment produced is in Collingtouns Person , bearing to be on an Assignation to the Appryzing by Sheins to Collingtoun , which Assignation is not produced , and so Shein's Infeftment , flowing from Collingtoun is null , because Collingtouns Right , from Umquhile Shein's is wanting , which is the mid-cuppling . 2dly , Shein's Appryzing being on two Sums , the one whereof was to the behove of a Cautioner , who had payed the Debt , and taken the Assignation in Shein's Name to his own behove ; which Cautioner being conjunct Cautioner with Iames Arnold , the common Author , and having a Clause of relief , neither he , nor Shein's intrusted by him , could justly or validly Appryze Arnold the Cautioners Lands for the whole Sum , but behoved to deduce the other Cautioners part , and so the Appryzing is upon invalide grounds , and thereby is null , and albeit prior to Isobel Arnold's Appryzing , yet she has the only valide Appryzing . It was answered for Shein's that the first Reason was not competent to the Pursuer , for it was jus tertij to her what progresse Collingtoun had from Umquhile Shein's , seing she Derives no Right from him . 2dly , This Collingtoun by his Right granted to this Shein's , acknowledges that aborigine the Infeftment , in Collingtoun his Fathers person , was to Shein's behove , which is a sufficient Adminicle in place of the Assignation ; and to the second Reason , albeit it were instructed it could not annul the Appryzing in totum , but restrict it to the Sum truly Due , especially seing that Shein's was content to declare his Appryzing Redeemable by payment of the Sums truly Resting , within such times as the Lords would appoint ; and albeit the Lords are strict in the Formalities of Appryzings when they are expired , and carry the whole Estate , though improportional , yet during the legal , they allow them in so far as they are due . The Lords found Isobel Arnolds first Reason Competent , and Relevant to her , unlesse Collingtouns Assignation were produced , or the Tenor of it proven ; and found the second Reason Relevant , to restrict the Appryzing to the Sum truly due , in respect that Shein's did of Consent declare it , yet Redeemable for the true Sums . But they found Shein's alleadgeance , that the ground of Isobel Arnolds Appryzing was a Bond of Provision , posterior in Date or Delivery to Shein's Debt , Relevant to prefer him as a Conjunct Creditor for his true Debt , though the Assignation should not be produced , a new one from Collingtoun being sufficient . Iohn Boswel contra the Town of Kirkaldy , Eodem die . IOhn Boswel having some Aikers in the Towns Lands of Kirkaldy , and some Houses in the Town , but not dwelling within the Town , or Paroch , nor using any Trade therein : pursues the Town as having unwarrantably Stented him for his Stock and Trade , he not dwelling in their Burgh . 2dly , For unequal Stenting him as to his Lands . 3dly , For Stenting him for the Towns Debts , as for the Sums payed for their Erecting Harbours , and some Teinds they Bought . 4thly , For Stenting him for the second Ministers Stipend , whereas he payed the whole Teind to the first Minister , nor dwelt he in the Paroch , nor consented to a second Minister , or to his Stipend , and for unwarrantable Quartering on him , and his Tennents , and this since the year 1644. It was answered for the Defenders , that they denyed Stenting of the Pursuer , for any Stock or Trade , seing he was no Inhabitant ; or that they Quartered on him unwarrantably , but alleadged there was now no ground after so long a time , to quarrel the inequality of their Stent Rolls , which were made by fifteen sworn Men , especially after so long a time , for this preparative would be the foundation of a Debate , at the instance of every Burgess , against every Town in Scotland : neither could there be a clear Rule , as in Valuations , but behoved to proceed by the Stenters Conjecture , according to the common esteem of the Means , and Trade of every Burgess ; so that unless the Complaint were against the inhability of the Stenters , in due time made , there could be no Debate thereafter : And further alleadged , that for the Towns Debts , that such as were contracted for the common benefit of the Town , for getting their Erection , and Harbour ; and for the second Ministers Stipend , the half of which had been payed by the whole Heretors , since the year 1613. and the other half since the year 1649. that their new Kirk was Erected , should burden the Pursuer proportionally , according to his Land Rent . The Pursuer answered , that he not being an Inhabitant , was not concerned in the Erection or Harbour , nor in the second Ministers Stipend , seing he payed his whole Teind to the first Minister . The Lords found the Pursuer lyable for the half of the Stipend , in regard of the immemorial use of payment , but found him free for what he had not payed of the other , unless it had been imposed by Authority , or his own Consent ; and also found him free of the Personal Debt , and would not Sustain Process against the inequality of the Stent Roll , after so long a time . Duncan Campbel contra the Laird of Glenorchy , Iuly 25. 1668. DVncan Campbel pursues the Laird of Glenorchy , for Ejecting him from certain Lands , and especially , that his Brother , by his Direction , did violently cast out the Pursuers Children , and Servants out of a part of the Land , Laboured by himself ; and perswaded , and enticed his Tennents , to receive Tacks from , and pay the Mails and Duties to him , and therefore craves Re-possession , and Double Mail , as the violent Profits of the whole Lands , during the Defenders Possession . The Defender alleadged Absolvitor , because he had obtained Improbation against the Pursuer , of all his Rights of these Lands , and others ; and likewise Decreet of Removing . The Pursuer answered , that the Defense ought to be Repelled , because the Improbation was only by a Certification , when he was Prisoner in Irland , and the Defender by Articles of Agreement produced , had acknowledged the Pursuers Right , and obliged himself to Infest him in the Lands in question . 2dly , Though the Pursuer had but Possession without any Right , he might not be Ejected , but by a Precept of Ejection from a Judge , which is not alleadged . The Defender answered , that these Articles of Agreement were never perfected , nor extended , and could only import a Personal Action against the Defender , for extention , or implement , wherein , when the Pursuer insists he will get this answer , that he can have no benefit of the Articles , being mutual until he perform his part thereof , which is not done . The Lords Repelled the Defence , and Duply , and Sustained the Ejection . The Defender alleadged , further , that that Member of the Libel , craving violent profits for that part of the Land Possest by Tennents , because by the Defenders perswasion , they became his Tennents , is not Relevant , because Ejection is only competent to the natural Possess or upon violence , and perswasion is no violence . The Pursuer answered , that the prevailing with the Tennents , was consequent to the casting out of the Defender , out of his own House , and natural Possession , and was as great a fault as Intrusion , and equivalent thereto . The Defender answered , that the Law has allowed violent ▪ profits only in Ejection or Intrusion , which can be drawn to no other Case , though it were as great , or an greater fault . The Lords sustained the Defence , and found violent profits only competent for that part , that the Pursuer Possest naturally ; but if the whole Lands had been an united Tenement , or Labouring , that the Pursuer had been Ejected out of the principal messuage of the Barony , and the Ejecter had thereby gotten Possession of the whole , it is like the Lords would have sustained Ejection for the whole , but this was not Pleaded . Lord Rentoun contra Lambertoun , Iuly 28. 1668. THis day the Lord Rentouns Processe against Lambertoun , mentioned the 21. Instant , was Advised ; by the Probation it appeared that the Corns in the Girnels of Haymouth , and the Cattel in the Mains of Rentoun , and Horses were taken away by Lambertoun , with a Troop , or Troopers ; and that the Corns were carried to Dunss , the Army being thereabout at that time : whereupon the question arose , whether or not Lambertoun were lyable for these , which by the Probation did not appear to be applyed to his use , but to the use of the Army . The Lords Assoilzied him therefrom , as they had done in several cases formerly , upon the Act of Indemnity , whereby whatsoever was acted in the Troubles , by Warrand of any Authority in Being , was totally discharged ; and the Lords did thereupon find , that the Actors were not obliged to produce , or show a Warrand , but that it was enough the Deeds were done , man● militari , unlesse the contrair were proven by the Actors own Oath , that what was medled with , was not employed to entertainment of Souldiers , or any other publick use , but to their own private use . Laird of Milntoun contra Lady Milntoun , Iuly 30. 1668. THe Laird of Milntoun infifted in his Action of Reprobator , wherein this point of the Dispute was only Discust , whether Reprobators were competent , unlesse they were protested for at the taking of the Witnesses Testimonies , or whether it were sufficient to Protest at any time before Sentence , or if there were no necessity at all , and especially as to this Case . It was alleadged there was no necessity of a Protestation , and if it were , there was a Protestation at the Re-examination of the Witnesses , and also before Sentence . It was answered , that a Protestation was most necessar , because the want of it was an acquiescence in the hability , and honesty of the Witnesses ; and if it should not be necessar , all Process this five years might come in question upon Reprobation , which were of dangerous consequence ; and therefore , as Incidents are not competent , but when Protested for no more Reprobations ; as to the alleadged Protestation , at the Examining of the Witnesses , it is but subjoined to the Interrogators , only Subscribed by one of the four Examinators , who Subscribed the Testimonies , and who does not remember of his Subscription , so that it has been surreptitiously obtained from him ; as to the other Protestation , the same was not when the Witnesses were taken , but at the conclusion of the Cause . It was answered , that it was in competent time , even at the conclusion , and that Reprobators were not only not rejected , but expresly allowed by the Pursuer , by way of Action . The Lords found this Reprobator competent in this Case , but did not resolve the point generally , whether they were competent , when not at all Protested for ; as to which the Lords were of different Judgements , but most seemed to require a Protestation , ante rem Iudicatam , yet so that if it were omitted , the Lords might repone the Party to Reprobators , if any emergent made the Testimonies suspect through inhability , or corruption in the same manner , as the Lords will repone Parties against Certifications , Circumductions of the Term , and being holden as Confest . Sir George Mckenzie contra the Laird of Newhal , Eodem die . SIr George Mckenzie Advocat , having Married a Daughter of Iohn Dickson of Hartrie , they pursue a Proving of the Tenor of an Inventar of Har●ries Lands , wherein he altered the former Substitution of his Children in several Bonds , and paricularly of a Bond of 5000. Merks , granted by Whitehead of Park , payable to himself , and after his Decease to Helen Dickson his youngest Daughter , who was Married to Ballenden of Newhal ; and by the Inventar the Substitution was altered , and the one half of the Bond appointed to pertain to Elizabeth ( now Spouse to Sir George Mckenzie ) and the other to Helen and Michael : to prove that the samine was Holograph , because it wanted Witnesses ; there was produced for Adminicles , the Copy of it , written by Iohn Kelloes Hand , Hartries Nephew , and an judicial Instrument , containing the Tenor of it by way of Transumpt ; but there was some words of difference between the Instrument and the Copy , which was Subscribed by Iohn Ramsay , Hartries Good-brother , and Mr. Iohn Pringle , Hariries Good-son ; who , and several others , being adduced as Witnesses , Deponed that the principal Inventar was produced by Hartrie on his Death-bed , and shown to his Friends , and by them Read , and that the Subscribed Copy was Collationed with the principal by them that Subscribed the same , and held in all points ; and that the principal Inventar was all written with Hartries own Hand , except an alteration , made upon a Bond of Tarbets , which was written by Iohn Ramsay's Hand , by direction of Hartrie , some hours before he Died , and was not able to Subscribe it , with some other alterations in relation to Bonds , wherein the Children Substitute , were Dead ; but that this Article in relation to Whiteheads Bond , was all written with Hartries own Hand . The Lords found the Tenor proven , conform to the Subscribed Copy , and found the said Inventar Holograph , except in relation to Tarbets Bond , and these other particulars written by Iohn Ramsay's Hand , so that Holograph was proven , without production of the principal Writ , joyntly with the Tenor , albeit some part of the Writ was not Hartries Hand , but written by Iohn Ramsay's Hand ; but these not being Subscribed by Hartrie , were in the same case as if they had been omitted forth of the Inventar , and the remainder of the Inventar , which only was Probative was all Holograph . Patrick Park contra Nicol Sommervel , November 12 : 1668. PAtrick Park pursues a Reduction of a Bond of 1200. Merks Scots , upon these Reasons , First , Because albeit the Bond bears borrowed Money , and be in the Name of Nicol Sommervel ; yet he offers to prove by Nicols Oath , that when he received the Bond , it was blank in the Creditors Name , and offers to prove by Witnesses , that the true Cause thereof was , that Sommervel , Nicols Brother , having win all the Pursuers Money he had at the Cards , he being then distempered with Drink , caused him Subscribe a blank Bond , for filling up what Sum he should win from him , and that this Sum was filled up in this Bond , which he offers to prove by the Oath of Nicols Brother that wan the Money , and the other Witnesses insert , so that the Clause of the Bond being played Money , by the Act of Parliament 1621. the Winner can have no more but 100. Merks thereof . 2dly , Before Nicols Name was filled up , or any Diligence or Intimation thereof : there was a Decreet Arbitral betwixt the Winner and the Pursuer , wherein all Sums were Discharged● which Discharge being by the C●dent , to whom the Bond was Delivered , before the filling up of Nicols Name , or Intimation thereof , which is in effect an Assignation , excludes the Assigney . It was answered for the Defender , that he opponed the Bond , bearing borrowed Money , grantled in his own Name ; and though he should acknowledge that the Bond was blank in the Name , and that thereby his Name being filed up , he is in effect and Assigney : yet the Bond being his Writ the Bond cannot be taken away , but by Writ or Oath of Party , and not by his Cedents Oath , or Witnesses insert , unless it were to the Cedents behove , or without a Cause Onerous , as the Lords have found by their Interlocutor already . 3dly , Albeit it were acknowledged to be played Money , the Act of Parliament is in Desuetude , and it is now frequent by Persons of all quality to play , and to pay a greater Sum then 100. Merks . 4thly . The Pursuer who loseth the Money , hath no Interest by the Act of Parliament , because thereby he is appointed to pay the Money , but the superplus Money , more then 100. Merks , is appointed to belong to the poor , and the Defender shall answer the poor , whenever they shall pursue , but it is jus tertij to the loser , who cannot detain the Money thereupon ; but whatever was the cause , the Defender having received the Bond for a Cause Onerous , and being ignorant that it was for any other Cause but true borrowed Money , he must be in t●to ; otherwise upon this pretence , any Bond may be suspected , and the Cedent after he is Denuded by Witnesses , may take the same away . The Lord Advocat did also appear for the Poor , and claimed the superplus of the Money , more then 100. Merks , and alleadged that the Act of Parliament did induce a vitium reale . which follows the Sum to all singular Successors ; and that though ordinarly the Cedents Oath , or Witnesses be not taken against Writ , yet where there is Fraud , Force , or Fault , Witnesses are alwayes Receiveable , ex officio at least , and ought to be in this Case , where there is such Evidence of Fraud , that it is acknowledged the Bond was blank in the Creditors Name , when Nicol Received it , and the filling up was betwixt two Brethren , and the Debitor dwelling in Town , did not ask him what was the Cause of the Bond , and that an Act of Parliament cannot fall in desuetude , by a contrait voluntar Custom never allowed by the Lords , but being vitious against so good and so publick a Law. The Lords found the Act of Parliament to stand in vigour , and that the Loser was lyable upon the same grounds , and therefore ordained the Sum to be Consigned in the Clerks Hands , and before answer , to whom the Sum should be given up , ordained Nicols Oath to be taken when his Name was filled up , and for what Cause . Margaret Calderwood contra Ianet Schaw , November , 14. 1668. MArgaret Calderwood pursues Ianet Schaw to pay a Bond ▪ as Heir to Iohn Schaw , granted by him , who alleadged Absolvitor , because the Bond is null , wanting Witnesses ; the Pursuer offered him to prove Holograph . The Defender answered , that Holograph could not prove its own Date , so that it is presumed the Bond was granted on Death-bed , unlesse 〈◊〉 be proven that the Date is true as it stands , or at least that it was Subscribed before the Defuncts Sickness . The Pursuer answered , that Holograph proves its Date , except contra tertium , but it is good against the granter or his Heir , who cannot be heard to say that his Predecessors● Deed is false in the Date . The Defender answered , that an Heir might very well deny the Date of a Holograph Writ , otherwise the whole benefit of the Law ( in favours of Heirs not to be prejudged by Deeds on Death-bed ) may be evacuat by Antedated Holograph Writson Death-bed . The Pursuer answered , that he was willing to sustain the Reason founded on Death-bed , which was only competent by Reduction , and not by exception or reply . The Defender answered , that where Death-b●d is instantly verified by presumption of Law , and that the Pursuer must make up a Write , in rigore juris null for want of Witnesses , he ought without multiplication of Processes , both to prove the Bond Holograph , and of a Date anterior to the Defuncts Sickness . Which the Lords found Relevant . William Duncan contra the Town of Arbroth , November 17. 1668. WIlliam Duncan Skipper in Dundee having lent the Town of Arbroth three Cannon , in Iune 1651. to be made use of for the Defence of their Town against the English , got from the Magistrats of Arbroth a Bond of this Tenor ( that they did acknowledge them to have Received in borrowing three Guns , and obliged them to Restore the same within 24 ▪ hours after they were Required , without hurt , skaith , or damnage ; and in case of hurt , skaith , or damnage to be done to them , obliged them to make payment of the Sum of 500. pounds , as the price agreed upon for them ) upon this Bond William Duncan pursues for the price . It was alleadged for the Town of Arbroth Absolvitor , because the Cannon were lost , casu fortuito & vi majo●i in so far as the English , after they had overcome the whole Countrey , and taken Dundee , did seize upon their Cannon after the Defenders had carried them the length of Bar●i-sands , before they were taken , and chaste back again by the English Ships , and thereupon buried the Cannons in the Sand within the Sea Mark , and hid the Carriages in a laigh Cellar , wherein they were covered , and it being clear by the Tenor and Nature of the Bond , that the Guns were Received in borrowing , and that it was contractus commoda●● , or Loan ; which by the consent of all Lawyers , does not put the peril of vis major , or casus fortuitus upon the Borrower , but upon the Lender , who is dominus & res peri●●●● Domino . The Pursuer answered , First , That albeit by the nature of commodatum , the Borrower hath not the peril , yet the Law makes this exception , si commodatum sit estimatum , in which case the peril is the Borrowers , and it is no proper Loan , but rather Sale , which is clear , l. 5 〈◊〉 . commodati ; but by this Bond it is evident that it is commodatum estimatum , and here not only a value agreed upon , but a Sum expresly declared to be the price . 2dly , There is no question but Loan may consist with that , that the Borrower will undertake all peril : Ita est by this Bond the Defenders are obliged to Restore , without hurt , skaith , or damnage , which must import all perils , especially such perils as was then imminent , viz. The taking of the Cannons by the Enemy , otherwise this Clause should operat nothing , seing without it the naked naming of a Contract would oblige to Restitution . 3dly , Albeit the Borrower were free of casus fortuitus , yet that is defined , and understood to be qui a nemine potest praevideri , but no body could have been ignorant of this Chance , to have been taken by that Enemy who were then imminent , and against whom particularly the Cannons were borrowed . 4thly , By all consents , commodatarius ten●●ur ●ro levissima culpa & summa diligentia , whereinto the Defender failed ; for they alleadged only an attempt , for carrying back the Cannons to the Pursuer , but they should have used other attempts , other dayes , and otherwayes ; and likewise they were negligent , that they buried the Cannon to the knowledge of their whole Town , whereas they should have entrusted some few to have done it in the night ; likeas they failed in this , that they made no application as others did who got back their Cannon by a publick Proclamation by the Usurper , that all Cannons taken off Ships should be Restored , to enable the Shipping against the Spainard and Dutch. The Defender answered to the first alleadgeance , that he did not deny but in commod●●● estimato , the whole peril was upon the Borrower , but denyed that this was commodatum estimatum , for all Lawyers do define commodatum estimatum , in the same way as dos estimata , to be where the obligation is alternative , either to Restore the thing borrowed , or the price , at the option of the Borrower , so that the Lender is no more dominus , nor can demand the thing borrowed , which becomes the ●●●rowers , unlesse he please to give it back , & res perit s●o d●mino , but where the value is only liquidat in case of deterioration , or in case of failzie , the Borrower cannot free himself by offering the price , but the Lender may call for the thing , although it were deteriorat , but here the liquidation of the price is only in case of deterioration , and the dominion is unquestionably in the Lender . To the second , it was denyed that the Borrower had here undertaken the peril , for the words of the Contract being ( hurt , skaith , and damnage ) in the proper and vulgar use , do not signifie peril or hazard , but only deterioration , and have this equipollent positive to Restore the Guns in as good case as they Receive them , which would never import force or accident , and for the expressing of that Clause , nothing is more ordinar then to express Clauses , quae natura contractus insunt , and the adjection of this Clause may have these uses , First , It liquidats the value , in case the Borrower ●ailzie , without putting the Lender to prove the same . 2dly , Whereas a simple Loan might only have obliged the Borrower to diligence , so that if without his fault in making the use , for which the thing was borrowed , it had been deteriorat and lost , the Borrower would not have been lyable , as he that Lends Cloaths to be worn , must not demand the deterioration by that ordinar wearing without fault , or ●he who Lends a Horse to a Battel must not require Reparation if he be wounded or killed in the Battel , unlesse he have a special obligement , to have him Restored without hurt , so in this case , the Parties having foreseen the ordinary case of the Cannons , being hurt in defending the Town , by much shooting , or by the shot of the Enemies , hath provided that even the damnage in that use should be repaired , which can never be extended to an accidental loss of the Cannon , not in defence of the Town , but after the Enemy had over-run the Nation , and taken Dundee , and Arbr●th was Dismantled , the Cannons were taken out of the Sand. To the third , casus fortuitus is not that which cannot be foreseen to be possible , but that which cannot be foreseen to have a sufficient , at least a very probable Cause , otherwise there should be no casus fortuitus , but this case which happened had been most ominous , for any Scots-man to have supposed , as most probable , that before breaking of the Army , or the English coming over Forth , the Kingdom should have been lost . To the fourth , the Defenders were no wayes in culpa , or mora , but did more then they were obliged , for they were obliged to Restore but upon demand , and before demand they endeavoured to have Restored , and then they buried the Cannon within the Sea Mark in the night , and though there was a Proclamation to give up all Armes under the pain of Death , they did not discover their Cannon , albeit upon their discovery otherwise , one of their Magistrats run the hazard of his Life ▪ and as for the Proclamation alleadged , it meets not this case , their Cannon not having been taken off Ships , and if it was publick the Pursuer behoved equally to know it , and should have made his address for his own Cannon , neither would the Defenders have refused their concourse , if it had been useful , or desired . The Pursuer opponed his former Answers , and added , that the Law cited spoke expresly of commoda●um estimatum , to Transfer the peril on the borrower ; and there is no Law adduced to restrict it , not to take place in that which is estimat , only in the case of Deterioration , & ubi lex non distinguit nec nos : and as to the meaning of the Clause , in dutiis interpretatio facienda est contra proferentem qui potuit legem sibi opertius dixisse . So this Bond being the Defenders words , blame himself if he made not that clear . The Defender answered , that albeit that be one Rule of Interpretation , yet there are others stronger making for him , viz. In dubiis respondendum pro reo , in dubiis pars mitior & aequior sequenda : Now it cannot be thought , that Parties would have been so unreasonable , as to have demanded Restitution , if the Kingdom were lost , and the Cannon taken after all Diligence done to keep them : but this is the most special Rule , In dubiis respondendum secundum naturam actus ant contractus . The Lords found that by the Nature and Tenor of this Contract ; the Defenders were not lyable for this Accident that happened , and that they were not in mora , nor culpa ; but had done all Diligence , and therefore found the Cannon lost to the Pursuer and Lender , and Suspended the Letters simpliciter . Thereafter upon pronuncing of the Interlocutor . The Pursuer offered to prove by the Writter and Witnesses insert in the Bond , that it was expresly Treated and Agreed , and that the meaning of the Clause was , that the Defender should be lyable to all hazard , and desired the Witnesses at least to be Examined ex officio . The Defender alleadged that the Pursuer having gotten a Term already to Examine Witnesses , ex officio ; and the Parties being Examined , he could not now demand a new Term , neither could a clear Clause in a Bond be altered by Witnesses . The Pursuer answered , that the Clause was at best but dubious ; and so the meaning was not to prove against the Writ , but to clear the same , which is ordinar . The Lords would not give any further Term for leading Witnesses , but found that alleadgance only probable by the Oath of the Party . Patrick Andrew contra Robert Carse . November 25. 1668. PAtrick Andrew having sold twelve piece of Wine to Margaret Henderson , who keeped a Tavern after she was Proclaimed to be Married to Robert Carse Flesher , a part of which Wines was vented before the Marriage , and a part thereof vented after the Marriage , but the Marriage Dissolving within three or four Moneths by the Wifes Death ; the most part of the Wine remained unsold at her Death ; the Merchand pursued the Wife for the Price , and the Husband for his Interest , some dayes before she dyed ; after her Death , her Husband vented no more of the Wine , but caused the Magistrates Inventar the same , and delivered the Keys to them . Patrick Andrew who sold the Wine , doth now pursue Robert Carse the Husband for the price of the Wines , who alleadged Absolvitor , because there was no ground in Law to make him lyable for his umquhil Wife her Contract and Obligement ex Emp●o , he being only lyable jure mariti ; which being Dissolved by her Death , he is free , for he is neither Heir nor Executor to her . The Pursuer answered , that the Husband having allowed the VVife to continue the Venting of the VVine , she was thereby preposita negoliis mariti , and thereby her medling must be the Husbands medling , who must be lyable for the whole price , especially seing he never made offer of the remaining VVine to the Pursuer , though he knew his Interest , and had pursued him for the price ; so that the VVines having perished , it must be attribute to his fault ; and the Merchant who knew not the condition thereof , cannot lose the same . 2dly , The Pursuer offered to prove that the Defender put in his own Nephew to be Taverner , after he Married the VVoman . 3dly , The ground in Law that the Pursuer insists on against the Husband is , in quantum lucratus est , by his Intromission with the VVine , and price thereof , and any thing that has been lost through his fault , is alike as he had been Profiter in the whole . The Defender answered , that he declyned not to be lyable , in so far as he was Profited , viz. for the price of the VVine Vented during the Marriage , which he was content to refer to the Pursuers Probation , how much was Vented then , but he could not be lyable for what was Vented before the Marriage , though after the Proclamation , much less for what remained unsold after the VVifes Death ; neither was he in any fault by not offering the VVine to the Pursuer , nor might he lawfully do the same , because the Marriage Dissolving within year and day , the propertie of the whole VVines returned to the VVifes Executors , and nearest of Kin ; and the Husband had no interest therein , as he would have had if the Marriage had continued year and day ; neither had the Merchant any right to the Wines , ( the property whereof was in the Wife and her Executors ) but had only a personal Obligation for the price ; and therefore he could not deliver the Wine , nor medle therewith , without vitious Intromission , so that he did the most exact Diligence by Inventaring , and Delivering the Keys to the Magistrates ; so that there being ten piece of Wine then in the Celler , the Defender could only be lyable for so much of two Piece as the Pursuer should prove sold during the Marriage . The Pursuer answered , that the Defender having once intrometted and medled with this parcel of Wine , he is in so far lucratus , and he can no more sever some Punsheons unspent from the rest , nor one part of a Punsheon Vented from the remainder : so that he can offer nothing back of the parcel , re non int●gra , nor can he alleadge that the whole ten Piece was of the Pursuers Wine , because the Pursuer offered to prove , that this Deceast Wife bought other Wine from other persons at that time ; and it were against Law and Reason , to put the Merchand ( who is a stranger ) to prove what was Vented during the Marriage , and how much of the Pursuers Wine remained after the Marriage , for that was the Defenders part to enquire , and not the Pursuers part who is a stranger . The Lords found the Defender not lyable for that part of the Wine Vented before the Marriage , nor yet for what remained unspent after the Wifes death , seing he Inventared , and abstained : but they found the Husband obliged to prove both wat was spent before the Marriage , and what of this Wine remained after the Marriage : If the Pursuer proved there was other Wines in the Celler , and so found the Defender lyable fo● the whole , except in so far as he proved was sold before the Marriage , and remained after the Wifes Death . The Daughters of Mr. James Mortoun Supplicant . November 26. 1668. THe Daughters and Heirs of Mr. Iames Mortoun , gave in a Supplication to the Lords , making mention that the Father being Infeft in an Annualrent , effeirand to the principal sum , due to him by the Lord Balcombie , they did thereafter obtain Decreet for the principal sum , and thereupon Appryzed the Property , wherein they stand Infeft , holden of the King : in which Appryzing there is a Reservation exprest , but prejudice of the Infeftment of Annualrent , and now being desirous to be Infeft in the Annualrent , as Heirs to their Father , and that themselves were Superiours by the Infeftment on the Appryzing , and conceived it not proper for them to Infeft themselves , did therefore desire the Lords to grant VVarrand to direct Precepts forth of the Chancellary , for the King to Infeft them . The Lords having considered the case , and argued the matter amongst themselves , whether it were more secure and legal , that they should be Infeft by the King upon their Supplication ; or that they as having Right to the Property by their Infeftment on the Appryzing , should grant Precepts for Infefting themselves in the Annualrent , as Heirs to the Annualrenter : or whether their Infeftment in the Superiority would consolidat the Annualrent without Infeftment : The difficulty against the Kings Infefting of them was , that the King Infefts none but these that holds immediatly of Him , or upon the disobedience of the immediat Superiour , supplendo vices . To which it was answered , that the King may supply the place of the immediat Superiour , either when he will not , or cannot Infeft his Vassal , and the Petitioners conceive that in this case they cannot : and both being extraordinary Remeeds , the Lords may do the same , and have done it in former Cases . The difficulty as to Infefting themselves was , that the Right of Property , and jus nobilius , did extinguish the Right of Annualrent ; and yet the Right of Property may be Reduced , and then they would be necessitat to Defend themselves by the Annualrent ; and therefore it is not an absolute Extinction , but in tali casu ; and therefore they have reserved the same in the Appryzing . The difficulty as to the third way was , that if the Right of Superiority should be Reduced , they should be without Infeftment at all . The Lords found that they might either Infeft themselves by their own Precept , or might get Precepts from the King , as was desired , periculo petentium , or they might make use of both together . Mr. Alexander Seaton contra George Seaton of Menzies . December 2. 1668. MR. Alexander Seaton , Heir and Executor to Iames Seaton his Brother , pursues George Seaton as Heir to his Father Iames Seaton , for making his Fathers Tutor Accompts , as being Tutor to the Pursuers Brother , and for instructing that he was Tutor , produced several Writs Subscribed by him , as Tutor Testamentar . The Defender alleadged : First , That the condescendence was not relevant to Instruct the Defenders Father Tutor , unless the Testament whereby he was nominat were produced ; otherwayes his acknowledgement can only make him but Pro-tutor , and so not lyable for all omissions , and no sooner lyable , then after the date of these Writs . 2dly , Albeit the Defenders Father had been Tutor , yet by the Writs produced , it is evident that he was but one of more Tutors ; and therefore no Process against him , till they be all called . The Pursuer answered , that the acknowledgement to have been Tutor was sufficient against him , who Subscribed the same : and that there was no necessity to call all the rest , seing the whole Tutors were lyable in solidum , and as ordinarly parties bound conjunctly and severally , may be conveened conjunctly or severally , so may Tutors , who as others may except upon the performance of other Tutors as well as their own ; neither is the case of Tutors alike with Cautioners , who are not lyable in solidum ; for Tutors as they are lyable conjunctly and severally for the whole Office , so are they conveenable conjunctly and severally for the same . The Lords Repelled the first alleadgance , and found the Writs produced instructed the Defenders Father Tutor , and not only Pro-tutor ; for if the Testament had been produced , shewing other Tutors , so that the Acknowledger could not have been tutor testamentar , it would have made him but Pro-Tutor , but that not being , it instructed him Tutor . As to the other point , in respect the Tutor was dead , and his Heir only but conveened , who could not know the Administration , the Lords would not sustain Process , till they were also called . Agnes Goodlat contra George Nairn . December 8. 1668. AGnes Goodlat as representing the umquhil Wife of George Nairn , pursues for the third of the Moveables belonging to him the time of his Wifes Decease . It was alleadged for the Husband , that before Division , the Heirship moveable behoved to be drawn . It was answered , that there could be no Heirship of a man that was living , It was answered , that albeit there was no actual Heirship , yet the best of every kind was Heirship Moveable , wherein the Wife had no Interest . Which the Lords sustained ; and Ordained the Heirship to be first drawn . Earl of Argile contra George Stirling . December 9. 1668. THe Earl of Argile having pursued George Stirling to Remove , he alleadged Absolvitor , because he stood Infeft on an Appryzing . It was Replyed , that the Appryzing and Infeftment could not defend him , because the Person from whom he Appryzed , being a Vassal of the Earl of Argiles , and his Right not being Confirmed by the King , the same could not exclude the Pursuer , the Kings Donator , and the Appryzer could be in no better case then his Author . The Defender Duplyed , that he was in better case , because he being Infeft by the King before the Pursuers Gift , when the King had both Superiority and Property , it is equivalent to him , as if the King had Confirmed his Authors Right . It was answered , that Infeftments upon Appryzings that pass in Course , and are not noticed in Exchequer , cannot prejudge the King , and take away the benefit of the Gift , which must pass by a several Signature . Which the Lords found Relevant , and Repelled the Defense and Duply , and Decerned . Scot contra Aitoun . December 11. 1668. MR. Iames Aitoun having Disponed the Lands of Grainge , with the burden of 12000. Merks , to be payed to his Daughters . Iohn Scot having Married one of the Daughters , in their Contract of Marriage , the Daughter Anna Aitoun Assigns her part of the 12000. Merks to her future Spouse , and in the same Contract he acknowledgeth the Receipt of the Money from Mr. Robert Aitoun the Debitor ; and therefore , with consent of the said Anna , Discharges the said Mr. Robert by a Contract of the same Date , betwixt Iohn Scot and Mr. Robert , relating the Contract of Marriage , but acknowledges there was no Sums payed for the Discharge contained in the said Contract , but that the Security contained in this Contract was granted therefore ; and therefore he gives a new Heretable Security to Iohn Scot , the Marriage Dissolves within year and day , by the Death of the said Anna , without Children ; she in her Testament names the said Iohn Scot her Husband , her Executor and universal Legator . George Scot as Representing his Father , pursues Aitoun of Inchderne , as Representing his Father , for the Sum contained in the Contract , who alleadged Absolvitor , because the Pursuers , and his Fathers Right flowing from the Marriage , and it Dissolving within year and day , his Right ceaseth , and farther alleadged that all things were now in the same condition as before the Marriage , so that the Contract of Marriage was void , and the Discharge granted in the first Security was void ; and the first Security being Heretable , belongs to Anna's Executors , from whom the Defender has Right by Assignation . The Pursuer answered , that the Defense is no wayes Relevant ; because though the Marriage Dissolved within year and day , and that thereby the Tocher and Jointure became void ; yet what was Acted in Relation to Mr. Robert Aitoun , who was a third Party , viz. the Discharge and Renunciation of the first Security stands valid as to him : for if the Lands burdened had been sold to any other , that burden being once Discharged and Renunced , could never affect them , so that whatever is in a Contract Matrimonial , Extrinsick and relating to third Parties is valid , and the acknowledgment of the Money contained in the Contract , is at least acceptilatio , which extinguisheth the first Security in the same way , as if real payment had been made : in place of which payment standeth the new Security granted to the Husband , so that now there is neither Debitum nor Creditum betwixt Anna Aitoun and umquhil Mr. Robert Aitoun , or their Representatives : but by the Dissolution of the Marriage , the Husband and his Heirs becomes lyable to pay the Tocher , but not to the Wifes Heirs , but to her Executors , for the Tocher being payed or satisfied , and the old Security taken away , the Husbands obligement to pay , is clearly moveable , and so belongs to the Pursuer as Executor , and universal Legator to his Wife , and not to the Wifes Heirs , or the Defender who has Right from them . The Defender answered , that the Tocher never having been uplifted , but remaining in the same Debitors hands as before the Marriage , omnia redeunt in pristinum statum , and the Discharge granted to the Debitor in Contemplation of the Marriage , is also void ; so that if the Husband had Died and the Wife Survived , if she had pursued Mr. Robert Aitoun upon the first Security , and if he had Defended upon the Discharge contained in the Contract of Marriage , he would have been Excluded by this Reply , that that Discharge being granted in Contemplation of the Marriage , is now void by the Dissolution thereof within year and day ; especially seing the Debt yet remains in the Debitors hand . 2dly . The Defender alleadged that the Discharge , though it were valide , was not habilis modus , to extinguish the first Security , being a real Right . 3dly , That the new Security granted to the Husband being Heretable , and the Husbands therein ceasing , it accresceth to the Wife , as if it had been granted to her , and so can only belong to the Defender , as having Right from her Heirs , and not to the Pursuer , as being her Executor . The Pursuer answered that the first Security was totally extinct by Acceptilation , and by the Discharge thereof granted to the Debitor in the Contract of Marriage ; and though the Wife had Survived and pursued the Debitor , and he had excepted upon the Discharge , her Reply upon the Dissolution of the Marriage would not have been Sustained to annul the Discharge ; because whatever might have been done , if the Debitor could pretend no Damnage or Interest ▪ Yet where the Debitor had granted a new Security to the Husband , which could never be taken away without the Discharge , and Renunciation of the Husbands Heirs , the Debitor could never be Decerned to pay the Wife , so long as the Security to the Husband stood : which Security could never accresce to the Wife , at least could never so accresce , as to make it an Heretable Security to the Wife , but she could only have Right of Repetition against the Husband : And the question being here concerning the changing of the condition of a Sum from Heretable to Moveable , as a Requisition or Charge during the Marriage would have made the Sum Moveable , multo magis , an Innovation and Acceptilation by a Discharge and new Security : And whereas it was alleadged that the Discharge was not habilis modus . It was answered that this Sum not being secured by an Infeftment of Annualrent or Wodset , but only by a Provision , burdening another Infeftment of Property with the Sum , there needed no Resignation but the Discharge and Renunciation is sufficient . The Lords found the first Security to be wholly taken away by the Discharge contained in the Contract of Marriage , which they found valid as being granted to a third Party , notwithstanding of the Dissolution of the Marriage ; and therefore found it to belong to the Husband , as having Right to the new Security , and as Executor to his Wife , and not to the Defender as having Right from the Heirs . Mary Winrham contra Mr. Iames Eleis . December 15. 1668. JAmes Murray of Deuchar having Married his Daughter to Iames Eleis of Stenopmil● , leaves to the seven Sons of the Marriage beside the Heir , 7000. Merks , and the Portion of the Deceasing to accresce to the Surviving ; which Sum was uplifted by Iames Eleis who in his Testament nominats his eldest Son and Heir , his Executor and universal Legator , and ordains him to pay all his Debts out of the first end of his Moveables , and then leaves 9000. Merks to Patrick his second Son , in satisfaction of all that he might succeed to by the Decease of the Testator his Father : Margaret Winrham , Relict and Executrix Creditrix to her Husband , obtained a Decreet before the Commissars , against Mr. Iames Eleis , who Suspends on this Reason , that Patricks Legacy of 9000. Merks , being in full satisfaction of all he could demand by his Fathers Death , must be understood in Satisfaction of the said Legacy , left by Iames Murray , which being lifted by Iames Eleis the Testator , and so becomes his Debt , debitor non praesumitur donare . 2dly , The Commissars Decreet is most unjust , in Decerning Annualrent where there was none due by Paction , the Sum being but a Legacy which never bears Annualrent . The Charger answered to the first , that the Brokard debitor non praesumitur donare , holds not in many cases , especially in Provisions of Children by their Fathers , who are obliged jure naturae & ex pletate pate●na , to provide them . And in this Testament , the Executor is appointed to pay all the Debts without any exception of this or any other , and the Testator had a plentiful Estate , it can no ways be thought that both the Legacy and this Sum in question , was too great a Portion to his second Son ; as for the Annualrent , the Father being Tutor , and lawful Administrator to his Son , ought to have imployed it profitably , and no doubt did , being a most provident man. It was answered , that the Son never having insisted for this Sum , nor having ever demanded Annualrent during his Fathers Life . It is an evidence he acquiesced to his Fathers Provision , and cannot seek Annualrent against his Fathers Executors , his Father having Alimented him , neither is he lyable for that rigor that other Tutors are . The Lords Repelled the Reasons as to the principal Sum , and found that the Fathers Legacy was not in satisfaction of the Grand-Fathers Legacy ; but found no Annualrent due , but Suspended the Letters simpliciter as to Annualrent . Sir Alexander Frazer contra Alexander Keith . December 16. 1668. SIr Alexander Frazer Doctor of medecine having purchased the Lands of M●ekelty from Andrew Frazer , who had Appryzed the same from Alexander Keith , pursues a Declarator of the expiring of the Appryzing , and of his Right of the Lands thereby . It was alleadged for Alexander Keith , that he had Depending Actions of Reduction against the Grounds of the Appryzing , and thereupon alleadged , that the saids Sums were satisfied before the Appryzing , at least by the Pursuer or his Authors Intromissions with the Rents of the Appryzed Lands within ten years after the Deducing thereof : During which time the Legal was unexpired by the late Act betwixt Debitor and Creditor , whereby the Legal of Appryzings , led since 1652. are prorogat for three years . And as to the first point , he alleadged that the ground of the Appryzing being a minut of Alienation betwixt the said Alexander Keith and Andrew Frazer , whereby Andrew Dispones the Lands of Miekeltie and Stranduff to the Defender , the Tenor of which minute is , that the said Andrew obliges himself to Infeft and Secure the said Alexander in the said Lands , and to purge all Incumberances thereupon ; and that the price shall not be payable till the said Alexander be put in Possession . There is also a Commission therein granted to the Defender , to purchase two expired Appryzings , and to satisfie any other Incumberances , and to Serve the said Andrew Heir to Thomas Frazer his Father , and to obtain the said Andrew Infeft as Heir to his Father , and likewise the Defender himself in the Lands ; so that the Right the Disponer had , being only a back Bond granted by Frazer to Staniwood , thereafter Lord Frazer , by which he obliged himself , to Denude himself of the Lands of Mickeltie , in favours of the said Andrew Disponer : Which back Bond was Appryzed by the two expired Appryzings , but could not reach the Lands of Stranduff , because Staniwood was not Infeft therein , nor did the back Bond bear the same , and therefore the Defender was necessitat to purchase the Right of a third Appryzing , led at the Instance of Craigivar against Andrew Frazer the Disponer , as lawfully Charged to Enter Heir to Thomas Frazer his Father , who died last Infeft in the Lands of Stranduff , and which would have excluded any Right that the Defender had from Andrew Frazer , especially seing the Sum on which Craigivars Appryzing proceeded , was a Debt due by the said Thomas Frazer to William Frazer , which William Frazer raised a Pursuit thereupon , against the said Andrew Frazer , as Representing Thomas his Father , and raised Inhibition upon a Dependence ; which Inhibition is Execute and Registrate against Andrew Frazer , before he Disponed the Lands : after which Dependence , the matter being referred to Arbiters , they Decerned Andrew Frazer to pay to the said William Frazer two thousand merks out of the first and readiest of the price of Miekeltie , due by the Defender Alexander Keith , or out of any other Goods or Sums belonging to the said Andrew : so that the Decreet Arbitral upon the Submission being in the same Terms , was equivalent to an Assignation or a Precept ; and the Defender Alexander Keith satisfying that Sum , it is in effect payment of so much of the price , and Craigivars Appryzing proceeding on that same Sum , it was most necessar for the Defender to Acquire that Appryzing , as proceeding upon a Right , whereupon Inhibition was used before the Minute , and upon a Decreet Arbitral , in effect Assigning William Frazer to so much of the Sum , due by Alexander Keith . The Pursuer answered , that the Defenders alleadgence ought to be Repelled ; because the Acquiring of Craigivars Appryzing was altogether needless , and no way warranted by the Minute , and so cannot exhaust the price , because that Appryzing was led 10. years after the Minute , and the Defender having accepted a Commission to do all things necessar for Establishing of his own Right , he ought to have Served the Disponer Heir to his Father , and to have Infeft him in Stranduff ▪ and to have Infeft himself upon the Disponers Resignation : Or if he had found that the Lands were Disponed to Frazer of Staniwood upon Trust , he ought to have procured the same , to have been Established in his Person , as coming in the place of Andrew Frazer , to whose behove the Trust was , which would for ever have Excluded Craigivars Appryzing , being long posterior to the Defenders Commission contained in the Minute ; so that it was his own fault , that he suffered another to Appryze : neither could the Inhibition have prejudged him , though prior to the Minut , in respect it was upon a Dependence , upon which , no Decreet in favours of the Inhibiter , could ever follow , the Cause being Extinct by Transaction and Decreet Arbitral ; neither is there any Process Extant , neither is the Decreet Arbitral equivalent to an Assignation and Precept , because it doth not Decern Andrew Frazer to Assign the Sum due by the Defender , nor doth it declare that that Sum shall belong to him , but only Decerns Andrew Frazer to pay out of Keiths Sum , or any other ; so that thereupon no Action could have been effectual against Keith , to pay the Sum , but only against Frazer himself . The Defender answered , that albeit no Sentence of a Judge proceeded upon the Dependence , the Sentence of the Arbiters being in eadem causa , was equivalent : and whereas it is alleadged , that the Defender had a Commission to perfect his own Security by the price left in his hand . It was answered , that the Commission being for his own behove , and for his own Security , he might make use of it , or not make use of it as he pleased : especially seing the Disponer was obliged to perfect the Defenders Security . 2dly , In the Minute there was no Procuratory of Resignation , neither were the old Evidents Delivered to the Defender ; so that he could neither obtain Frazer to be Infeft , much less himself upon Frazers Resignation , wanting a Procuratory . The Pursuer answered , that the Commission being a Mandat accepted by the Defender , did ex natura mandati , bind the Accepter to do Diligence ; neither is it to his own behove , but was also to the Disponers behove , that his obligements might be fulfilled , and his price not stopped : and although the Minute want a Procuratory of Resignation , that is no way Relevant : for if the Defender had required a Procuratory of Resignation from the Disponer , or had required the Writs to instruct the Service , being in the Disponers hand , and had been refused of either , he had been in no fault : but without any Diligence , to suffer another Appryzing to be led ten years after his Commission , and now having taken Right to the Appryzing himself , he cannot therewith Exhaust the price , especially against this singular Successor , having acquired bona fide , after a Decreet of Suspension in foro contradictorio , when the Defender had Right to the said third Appryzing , and alleadged nothing thereupon . The Defender answered , that he cannot be Excluded from his Defense by the Decreet of Suspension , as being competent and omitted the time of that Decreet , because ( Competent ) is only Relevant against Decreets in ordinary Actions : but neither in Reason nor Custom is the same Relevant against Decreets of Suspension , there being this evident difference , that in Decreets of Suspension the Reasons must be instantly verified : but in ordinary Actions , there are Terms assigned for proving Defenses , and so it hath ever been practised by the Lords . The Pursuer answered , albeit it was anciently the Custom to admit Competent , and omitted only against Decreets upon ordinary Actions : Yet by an Act of Sederunt in Anno 1648. or 1649. the same was extended to Decreets of Suspension ; and albeit through neglect of the Clerks , the Act hath not been Booked : The Session being interrupted by the War shortly thereafter ensuing , yet it is notorly known , and was in practice Anno 1653. when the Decreet was obtained against this Defender , whereupon the Appryzing proceeds , and that practice was both just and necessar ; for if Decreets might be Suspended as oft as the Suspender can produce another Writ , the most solemn Sentences should be made Insignificant ; for the ground of Excluding things Competent , and omitted , is not only that publick Sentences upon compearance , are as valid as Transactions , which upon no pretence can be Rescinded , that Pleas be not perpetual : but also because they are omitted , dolo & animo protrahendi litem , which is ever presumed , unless another Cause be assigned , wherefore they were omitted as , noviter veniens ad notitiam , which is Sustained , even as to Decreets in ordinar Actions : and if in no case competent and omitted be allowed in Suspensions , we shall have no more Decreets in ordinar Actions ; but the Defenders will still be absent , and will Suspend as oft as they can find different Grounds , as if of one Sum , one have twenty or thirty several Receipts , he will raise as many subsequent Suspensions , which will at least serve for as many Sessions ; and though it should be alleadged quod dolo omisit , it would not be Relevant : so that if the Suspender can purge his Fraud ▪ either as not knowing of the Writ , whereon he hath again Suspended , or as not then having it presently in his power to instruct it , would be sufficient , which clears the difference betwixt Decreets of Suspension , and other Decreets , to operat no further than that in Suspensions , the Fraud is purged , by showing that the Writ was not ad manum , which is not so in ordinar Actions , where Terms would have been assigned to get the Writ : and albeit the Lords might by modifying great Expences bar the multitudes of Suspensions , they could hardly do it justly , if of the Law it were no fault ; and it is known , the Lords are neither in use of , nor have time for such modifications . The Lords superceeded to give answer as to this Point , till the Compt proceeded as to the Particulars , but the Lords had no respect to the alleadgance upon the Inhibition , seing no Decreet followed , nor upon the Decreet Arbitral , which they found not Equivalent to an Assignation or Precept : but the Lords found the Commission contained in the minute , not to oblige the Defender , as to any Diligence ; and therefore found , that as to that Point , he might acquire the third Appryzing , which would have excluded him , albeit he might have prevented it by Diligence . Mr. Robert Swintoun contra Iohn Brown. December 18. 1668. MArgaret Adinstoun being Infeft in Liferent , in certain Roods of Land near Hadingtoun , she and her second Husband grants a Tack to Iohn Brown thereof , for certain years , and thereafter till he were payed of 400. merks , owing to him by the Husband , after that Husbands Death , she being Married to a third Husband , there is a Decreet of Removing purchast at her and that Husbands Instance , against Iohn Brown , but the Husband did not proceed to obtain Possession by vertue thereof , but brevi manu Ejected Brown ; whereupon Brown obtained a Decreet of Re-possession : now the said Margaret Adinstoun having assigned the Decreet of Removing to Mr. Robert Swintown , he Charges Iohn Brown to Remove , who Suspends on this Reason , that he having obtained Decreet of Re-possession , after the Decreet of Removing , upon the Husbands violence , cannot now be Removed , without a new Warning . The Charger answered , that the Decreet of Re-possession , bearing to be ay and while this Suspender was legally Removed , and that in respect he had been put out Summarly ▪ and not by the preceeding Decreet of Removing ; which having now taken effect , he being in Possession , the Charger may very well Insist , that he may now legally Remove , by vertue of the Decreet of Removing . The Lords Repelled this Reason , in respect of the answer , and found no need of a new Warning . The Suspender further alleadged that he cannot Remove , because he bruiks by vertue of a Tack granted by Margaret Adinstoun and her second Husband . The Charger answered : First , That the Tack being only for four years specially , and an obligement not to Remove the Tennent while the four hundred Merks were payed , which is not a Tack , but a personal obligement , which cannot defend the Suspender against Mr. Robert Swintoun , the singular Successor . 2dly , The Tack is null , being Subscribed but by one Nottar . The Suspender answered , that a Right of Liferent not being Transmissible by Infeftment , but only by Assignation , the Assigney is in no better case nor the Cedent , except as to the Probation by the Cedents Oath . 3dly , The Tack is Ratified judicially by the Wife , in the Court of Northberwick , which is more nor the concourse of any Nottar . 4ly , If need beis , it 's offered to be proven by the Wifes Oath , that the Subscription was truly done by the Nottar , at her command . The Charger answered , that the judicial Ratification cannot supply the other Nottar ; because the same Nottar , who is Nottar in the Tack , as also Nottar in the judicial Ratification , which is but done in a Baron Court : So it is but assertio ejusdem notarij , no stronger nor it was , neither can it be supplyed by Margaret Ad●●stouns Oath , de veritate facti ; because her Oath cannot be received in prejudice of her Assigney : and though her self were Charger , the Law requiring two Not●ars , till both Subscribe , the Writ is an unsubscribed Writ ; and in all matters of this nature , parties may resile before Subscription . The Lords found the Tack valid against the Wife , Subscriber thereof , and her assigney , ay and while the sum thereof were payed : but found the Tack was null , as being but by one Nottar , notwithstanding of the judicial Ratification being by the same Nottar ; and found that the Cedents Oath could not be taken in prejudice of the Assigney , to astruct the verity of the Subscription , unless the Assignation had been gratuitous , or the matter had been litigious before the same : In which case they found that there was no place to Resile after the Subscription of the first Nottar , the verity and warrand of the Subscription being proven by the said Margarets Oath . The Suspender further alleadged , that he could not Remove , because the Liferenter being year and day at the Horn , he had a Gift of her Liferent Escheat , and thereby had right to possess her Liferent-Land . The Charger answered non relevat , because the Gift was not declared : 2dly , It could not be declared , because it proceeded upon a Horning , against a VVife cled with a Husband , who being sub potestate viri , cannot be Contumacious , or Denunced Rebel thereupon . The Suspender answered , that he needed no Declarator himself , being in possession of the only Right , to which the Declarator could reach . 3dly , The Horning , albeit against a VVife , was valid unless it had been upon a Debt contracted during the Marriage ; but this Horning proceeding upon a Decreet against a VVife as Executrix and vitious Intromissatrix with her Husbands Goods , a Horning upon her own Fact or Fault was alwayes effectual . The Lords would not sustain the Gift without a Declarator , and superceeded any Extract at the Chargers Instance , till a day , betwixt and which he might insist in his Declarator , and superceeded till that time to give answer , in relation to the Horning , because the Kings Officers behoved to be called . Mr. Alexander Seaton contra Menzies . December 19. 1668. MR. Alexander Seaton as Executor to his Brother . Pitmedden pursues Seaton of Menzies as Representing his Father , who was one of the Pursuers Brothers Tutors , for his Fathers Intromission with the Pupils Means , who alleadged Absolvitor , because the Pupil after his Pupillarity , had granted a Discharge to one of the Co-tutors , which did extinguish the whole Debt of that Co-tutor , and consequently of all the rest , they being all correi delendi ▪ ●yable by one individual Obligation , which cannot be Discharged as to one , and stand as to all the rest ; for albeit pactum de non petendo , may be granted to one , and not be profitable to the rest , a simple Discharge , which dissolveth the Obligation of the Bond , must be profitable to all . The Lords Repelled this Defense , unless the Discharge had born payment , or satisfaction given , and in tantum , they found it would be Relevant , but not a simple Discharge , which could only be Relevant in so far as they by this Tutor would be excluded from the Co-tutors bearing a share with this Tutor , in omissis & male administratis ; there being nothing here but this Tutors own proper Intromission , now insisted for . The Lords Repelled the Defense simply . Margaret Mckenzie contra Robertsons . December 23. 1668. MArgaret Mckenzie pursues the Executors of her Husband , to pay her share of the Moveables , who alleaged Absolvitor , because there was as much Debt as would exhaust the whole Moveables . It was answered , non relevat , unless it were alleadged that the Executors had payed the Debt ; for the Debts being yet due , it is j●s tertij , for them to alleadge thereupon : neither can this Pursuer propone alleadgances of payment , Compensation , or any other , or the Defenders Reply upon the Debts belonging to third Parties , unless they were pursuing themselves ; but the Pursuer is content to find Caution to repeat her share , in case they were Distrest . The Lords Repelled the Defense , but prejudice to the Executor , to Suspend upon double Poinding , calling the Creditors . It was further alleadged for the Defenders , that they must have allowance of Sums , bearing Annualrent since 1641. It was answered , that no such Sums can burden the Relict , her part , because by the Act of Parliament , the Relict has no share of such Sums , if they were due to the Defunct ; and therefore a pari , she cannot be burdened with such Sums , being due by the Defunct . The Defenders answered , that the Act of Parliament excludes Relicts from such Sums as bear Annualrent , being due to their Husbands , but doth not bear , that they shall be free of such Sums due by their Husbands : and Statutes being stricti juris , the Lords cannot extend them beyond their Sense to like cases . The Pursuer answered , that the Lords always did , and might Explain , and Extend Acts of Parliament to Cases implyed , and consequent , albeit not verbatim exprest : and as to this Act of Parliament , it bears expresly , that all such Bonds shall remain in their condition as they were before the Act of Parliament 1641. quoad fiscum & relictam ; before which , the Bonds bearing Annualrent , could not have burdened the Relict : for the word such Bonds , may not only be extended to Bonds due to Defuncts , but to Bonds due by Defuncts . The Lords Repelled also this Defense , and found the Relicts part not to be burdened with any Bonds due by her Husband , bearing Annualrent , unless they had become Moveable by a Charge , or that the Term of payment of the Annualrent was not come at the Defuncts death . Smith contra Muire . Eodem die . JEan Smith having pursued Margaret Muire as vitious Intromissatrix with the Goods of George Smith her Husband , to pay the sum of 110. pounds due by Bond , by the said George to this Pursuer ; his Sister obtained Decreet thereupon , and Appryzed the Liferent of the said Margaret Muire , who Suspended , and raised Reduction on this Ground , that she could not be lyable as vitious Intromissatrix , because she possest her Husbands Moveables by a Title , in so far as by her Contract of Marriage she was provided to all the Goods and Gear acquired during the Marriage , for her Liferent use , and so she could only be lyable for making forthcoming the true value after her Death . The Charger answered : First , That there could be no Liferent of Moveables , quae usu consumuntur , and all Liferents of usus fructus must be salvâ rei substantiâ . 2dly , Though a Liferent could consist in Moveables ; yet the meaning of such a Clause , of all Moveables acquired during the Marriage , must be understood the free Moveables , deducing Moveable Debt ; and cannot be understood to exclude lawful Creditors . The Lords found the Clause to be understood only of free Gear , and not to exclude the Pursuers Debt ; but found it a sufficient ground to free the Suspender from vitious Intromission , and to Retrench the Decreet to the true value . Sir Iohn Weems contra Forbes of Toch●n . Ianuary 2. 1669. SIr Iohn Weems having Charged Tochon for Maintainance , due in Anno 1648. or 1650. conform to Act of Parliament , and Commission granted to him , and Decreet of the Lords . Tochon Suspends on this Reason , that singular Successors are free by the Act , and he is a singular Successor by Appryzing . It was answered , that the exception of the Act was only in favours of singular Successors , who had bought the Lands , which cannot be extended to Appryzers , who oftimes have the Lands for far less then the true price ▪ The Lords found the Act not to extend to Appryzers , unless the sums were a competent price for the Land Appryzed ; and therefore found the Letters orderly proceeded . Isobel and Margaret Simes contra Marrion Brown. Ianuary 5. 1669. BY Contract of Marriage betwixt umquhil Thomas Sim and Marion Brown , Iohn Flowan Marions Master , is obliged to pay 300. Merks of Tocher , and Thomas Sim is obliged to imploy the said 300. Merks , and 200. Merks further for the said Marion , her Liferent use : the said Thomas having two Daughters , Isobel and Margaret Sims , he lends a sum of 400. Merks to Thomas Brown , and takes the Bond on these Terms , to be payed to him and the said Marion Brown , the longest liver of them two in Liferent , and after their Decease , to Margaret and Isobel Sims : The said Isobel and Margaret having pursued the said Marion before the Commissars , for Delivery of this Bond , as belonging to them after their Fathers Death . The Commissars Assoilzied the said Marion from Delivery of the Bond , and found it did belong to the said Marion her self , not only as to the Annualrent , but as to the Stock , because her Husband having no other Means but this Bond , and not having fulfilled her Contract , she had Confirmed her self Executrix Creditrix in this sum , and behoved to Exclude her Husbands two Daughters of a former Marriage , who were provided , and Forisfamiliat before . Of this absolvitor the Daughters raised Reduction on this Reason , that this Sum could not be Confirmed , not being in bonis defuncti , the Father being but Liferenter , and the Daughters Feears , and though they were but as heirs substitute , they exclude Executors , and need no Confirmation . 2dly , The Husband being but obliged to Employ this Tocher , and 200. merks more , the Pursuer must instruct that the Tocher was payed . 3dly , The Wife intrometted with as much of her Husbands Goods as would satisfie her Provision . It was answered , that the Wife not being obliged for her Tocher ▪ but another Party who was solvendo , and neither being obliged , nor in capacity to pursue , therefore could not now after so long a time , be put to prove that the Tocher was payed ; and for her Intromission she had Confirmed and made Faith , and the Pursuers might take a dative ad omissa , if they pleased , but could not , hoc ordine , Reduce or stop her Decreet upon compearance . The Lords found that albeit in Form the Bond should have been Reduced , as being done in fraudem of the Wife , as being a Creditor , and thereafter ▪ Confirmed ; yet now the matter being before the Lords , and the Parties poor , they found the Husbands Substitution of two provided Daughters by a former Marriage null , as to the Wifes provision by the Act of Parliament 1621. without necessity of Reduction , the matter being but a personal Right , and found the Wife not obliged to instruct the Tocher payed , and therefore assoilzied from the Reduction , but prejudice to the Pursuers to Confirm , a dative ad omissa . William Zeoman contra Mr. Patrick Oliphant and Dam Giels Moncrief . Eodem die . IN a Compt and Reckoning betwixt these Parties , anent the satisfaction of an Appryzing , the Auditor , in respect that Mr. Patrick Oliphant and Dam Giels , Moncrief , were Contumacious and compeared not , did Decern conform to William Zeomans Summonds , finding the Sum satisfied , and ordained them to Remove ; whereupon William Zeoman obtained Possession , and having been several years in Possession , Mr. Patrick Oliphant obtained himself and the said Dam Giels to be Reponed against the said Decreet for his Contumacy , and a Writer to the Signet past Letters of Possession in his favours , against William Zeoman , but without a Warrant from the Lords , which were found null , and this Writer Deposed , but Mr. Patrick having attained Possession by these Letters , William Zeoman insists against him as an Intruder to quite the Possession . It was alleadged for Mr. Patrick , that William having obtained Possession unwarrantably by Decreet , upon his pretended Contumacy , and he being now restored there against , he is in statu quo prius , before that Decreet , at which time he was in lawful peaceable Possession , which only should stand , and neither of the unwarrantable Possessions be regarded . It was answered that William Zeomans Possession was by vertue of a Decreet then standing , autore pretore , and so was not vitious , but Mr Patricks was without Warrant of the Lords , and so was most vitious . It was answered that Mr. Patrick was instantly content to Debate his Right , & frustra petitur quod mox est restituendum . It was answered that spoliatus ante omnia est restit●endus , and is not obliged to Dispute any Right , till first he be Restored . Which the Lords Sustained , and ordained William Zeoman instantly to be Restored to the Possession . My Lord Balmerino Supplicant . Ianuary 7. 1669. MY Lord gave in a Bill to the Lords , Representing that his Uncle was Dead , and that he is nearest Heir-male to him , in whose favours his Estate is provided ; and therefore desired that Commission might be granted to certain Persons in the Countrey , to Inventar , Seal , and Secure his Charter Chist , and to make patent Doors in his Houses , Coffers , and Cabins , for that effect , and to take my Lady , his Relicts Oath , where the Evidents were , to the effect foresaid : Compearance being made for my Lady , desiring a sight of the Bill till the next day , and alleadging that it was notour to the Lords , that my Lady had a Disposition to the whole Estate ▪ whereupon Resignation had past in Exchequer , and that the Evidents ought to be left open , to the effect my Lady may instruct her Charter , conform to the Disposition . The Lords refused to give up the Bill , it being their ordinar Course to grant such Commissions , without calling or hearing Parties , and that a short delay might prevent the effect of the Commission : and therefore granted Commission to certain Noblemen and Gentlemen , or any one of them to Inventar , Seal , and Secure the Evidents , and to open Doors , Coffers , and Cabinets for that effect ; but refused to give Warrant to take my Ladies Oath . Captain Newman contra Tennents of Whitehil , and Mr. Iohn Prestoun . Ianuary 8. 1669. CAptain Newman having Appryzed the Lands of Whitehil from Prestoun of Craigmiller his Debitor , and being thereupon Infeft , pursues the Tennents for Mails and Duties . Compearance is made for Mr. Iohn Prestoun , who produces a Disposition from Craigmiller his Brother , of the Baronies of Craigmiller , Prestoun and Whitehil : Which Disposition , relates this Debt of Captain Newmans , and many other Debts , and for satisfaction thereof Dispones these Lands to Mr. Iohn , Reserving the Disponers and his Ladies Liferent , containing a Reversion upon ten merks , and containing a provision , that it should be leisom to Craigmiller , during his Life , and after his Decease to Mr. Iohn to pay any of the Creditors contained in the Disposition they pleased , without contributing the price proportionally to the rest of the Creditors : and also produces a Renunciation by Craigmiller , whereby he Renunces the Reversion and the Liferents in favours of Mr. Iohn , and also his own power of preference of the Creditors , and Mr. Iohn his Infeftment upon the Disposition , whereupon he alleadged that he ought to be preferred to the Mails and Duties , because he stands publickly Infeft , by vertue of the said Disposition , before any Infeftment in the Person of the Pursuer . It was answered for the Pursuer , that the Infeftment produced cannot Exclude him , because it is expresly granted for satisfying of the Sum , whereupon his Infeftment proceeds . It was answered for Mr. Iohn Prestoun that he having a power to prefer any Creditor he pleased , he payed other Creditors to the value of the Estate , whereby Newman is excluded . It was answered for Newman , that this Disposition was fraudulent and fimulat , in prejudice of lawful Creditors , whereof he has Reduction upon the Act of Parliament 1621. as being granted by a Brother to another , with a power of preference of Creditors at the Purchasers option : which Clause is altogether null ; especially as to the preferences done , since lawful Diligence was used by this Pursuer , by Horning , Inhibition , Arrestment , and Appryzing : and as no Debitor can so prefer himself , so neither can he give such a power to any other : and therefore the Pursuer ought to be preferred to all the Creditors , conform to his Diligence . It was answered for Mr. Iohn Prestoun , that there being no Diligences done before the Disposition by any Creditor , Craigmiller might Dispone , being for an onerous Cause , as he pleased , and might prefer one Creditor to another . 2dly , Albeit this power of preference were not simply to be allowed after Diligence done by Creditors to prefer others to them : Yet it ought to be Sustained , in so far as Craigmiller might lawfully have done , viz. to prefer Mr. Iohn for the Sums due to himself , and for his relief of such Sums as he was Cautioner in . The Pursuer answered , that such a Disposition was not made , nor doth this Disposition any way relate to Mr. Iohns Sum , and his Relief , but generally and equally to all , and there is no difference but the unwarrantable power of preference , which can have no effect after Diligence done . The Lords found the power of preference not to be Sustained as to any other Debts , then to such as were due to Mr. Iohn himself , and for which he was Cautioner before the Disposition ; and found as to these , that the power of preference was lawful and valide , and was equivalent to this Clause , with power to Mr. Iohn to satisfie himself , and those to whom he was Cautioner , primo loco . Wallace of Galrigs contra Mckernel . Ianuary 9. 1669. UMquhil Wallac● of Galrigs being alleadged to have given a Seasine propriis manibus , to his second Wife of two Chalders of Victual . The Lords Sustained the Seasine without any other Adminicle . But that the Wife had quite her former Liferent by a former Husband , in favours of Galrigs , whereupon Galrigs offered to improve the Seasine by the Witnesses insert , which being four , two Deponed positively that they were never Witnesses to a Seasine given by Galrigs to his Wife : and the third Deponed , that he remembred not that he was Witness : the fourth Deponed , that he was Witness , but said that this Seasine was in Summer , whereas it bore to be in Winter : the Nottar abode by the Seasine , but was not Examined . The Lords found the Seasine improven , but would not Examine the Nottar , nor any other Person , mainly in consideration that the Seasine was pr●priis manibus , without any other Adminicle ; otherways the Nottar and one Witness affirming , the Lords would have Examined the Nottar or any other persons or Evidences for astructing the verity of the Seasine . George Hume contra Seaton of Menzies . Ianuary 13. 1669. GEorge Hume as Assigney by the Earl of Wintoun to a Bond granted to the Earls Factor , for his behove , having Charged thereupon . The Creditor Suspends , in Discussing whereof , it was alleadged for George Hu●● , that he ought to have Annualrent , because the Suspender by a missive Letter produced written to the Umquhil Earl of Wintoun , obliged him to pay Annualrent for the time by gone : and therefore ought to continue the same till payment . The Suspender answered , it contained nothing as to the Annualrents in time coming . The Lords found Annualrents due from the beginning , both before and after the Letter , though they exceeded the Principal Sum , seing once Annualrent was promised for some Terms . Alexander Mckenzie of Pitglasse contra Ross of Auchinleck , Ianuary 14. 1669. ALexander Mckenzie having Right to two Compryzings of the Lands of Auchinleck , one in Anno 1644. and another in Anno 1647. which being alleadged to have been satisfied within the Legals , and the matter referred to an Auditor who reported these Points to the Lords . First , Whether the Appryzer should Compt for the Mails and Duties , so as to impute the same to both Appryzings , as to years after the second Appryzing , or to impute them wholly to the first Appryzing during its Legal , and then to the second Appryzing during its Legal . It was alleadged for the Appryzer , that he having two Titles in his Person , it was free for him to impute his Possession to either of them , and yet he was so favourable , as not to crave his option , but to impute proportionally to both , albeit in Law , when Receipts are not specially as to one Cause , electio est Debitoris . 2dly , When any payment is made by a Debitor to his Creditor indefinitly , it is still imputed to the Annualrents in the first place , before it can satisfy any Stock , so that any satisfaction gotten by him , must first be imputed to the Annualrent of both the Sums , and then to the Stock of the first . It was alleadged for Auchinleck , that the Intromission could only be attribute to the first Appryzing . First , Because by that Right the Appryzer entered in Possession , and cannot invert his Possession to a third Parties prejudice . 2dly , The first Appryzing est potior jure ; for if the two Appryzings were in different Persons , he that had the second , could never attain Possession against the first . 3dly , In dubio solutio est imputanda in duriorem sortem , and therefore to the first Appryzing , for if imputation be made to both , the first Appryzing will not be satisfied within the Legal , and the Debitors Right will be taken away , which is most infavourable . 4thly , The Appryzer as he did not Possess by the second Appryzing , so he could not , because the first Appryzing carries the Right of Property , and the second carries only the Right of Reversion . The Lords found the Possession was only to be attribute to the first Appryzing , and not to the second , while the first were satisfied . The next point was , that it was alleadged the Appryzer had sold a part of the Lands within the Legal , and therefore the worth of these Lands ought to be allowed in satisfaction of the Sums . It was answered , that the Appryzer could not Dispone the Lands simply , but only his Right of Appryzing , which would still be Redeemable from his Assigney , as well as from himself . The Lords found that he was not Comptable for the whole value of the Lands Disponed , but for what Sums he actually Received for the Lands Disponed , to be proven scripto vel juramento . The next point was , as to the prices of the Victual , whether the Feers , or greatest prices were due . The Lords allowed the Debitor to prove the greatest Prices , and also to produce the Feers , reserving to themselves the modification ; Next as to the Rental , the Appryzer desired a joynt Probation , especially it being in the Highlands , where the Witnesses are suspect . The Lords would not grant a joynt Probation , but ordained the Probation to be by Witnesses above exception . Hamiltoun contra Bain , Ianuary 15. 1669. UMquhile Agnes Anderson having Disponed all her Goods and Moveables , to Bains Bairns of the first Marriage , and made Delivery thereof , conform to an Instrument produced ; and having thereafter Married Iohn Hamiltoun , he Ratified the former Deed done by his Wife in favours of her Bairns : she being now Dead , both Parties give in Supplications , desiring Possession of these Goods Disponed to the Bairns , they alleadged upon the Mothers Disposition , Ratified by her second Husband . And the Husband alleadging that it being but a fictitious Possession by an Instrument , he as Husband being Dominus bon●rum , is in the natural Possession , seing his Wifes Liferent use was reserved , and cannot summarly be put therefrom , hoc ordine , upon a Supplication without Process . 2dly , If he were in a Process , he would exclude the Bairns , because the Disposition being made after his Contract of Marriage and Proclamation , no Deed of his Wifes could then prejudge him ; and as for his Ratification , he did it to satisfie his Wifes importunity , but being granted to a Wife during the Marriage , he may and does recal it . It was answered , that it was not a Donation to his Wife , but to his Wifes Children , which no Law makes Revockable . Which the Lords Sustained , and found the Husband could not recal his Ratification , not being in Favours of his Wife , but in Favours of her Children , at her desire . Earl of Athol contra Robertson of strowan , Ianuary 19. 1669. MAster Walter Stuart as Parson of the Kirk of Blair in At●ol , whereof Tillibairn was Patron , gave a Tack to Tillibairn's Brother of the whole Teinds of the Paroch ; which Tack he ( within a few days ) Assigned to Tillibairn , the Patron himself . Tillibairn's Escheet and Liferent having fallen , the Viscount of Stormont obtained the Gift thereof , and as Donator , Assigned the Right of this Tack to the Earl of At●ol , who now pursues Robertson of Strowan for the Teinds of his Lands , for many more nor 40. years , from the Date of the Tack . The Defender alleadged , First , that the Tack is null , being Set for more nor three years , without consent of the Patron , contrair to the Act of Parliament , 1594. The Pursuer answered , that the alleadgeance was justertij to the Defender , and was only competent to the Pursuer , or some deriving Right from him , for the Defender being lyable for his whole Teind , had no Interest to quarrel the Pursuers Tack . 2dly , Albeit the consent of the Patron be necessar , yet it is not necessar to be in the very Tack it self , but a subsequent consent is sufficient , and here the Patron has given a subsequent consent , in so far as within a few dayes after the granting of the Tack , he accepted an Assignation thereof himself , and did obtain a Decreet of prorogation of the same . The Defender answered , that the Patrons consent being a solemnity requisit in Law , behoved to be in the Tack it self , and not being then adhibit , the Tack of it self was null ab initi● , and a subsequent consent , not by subscription , but by acceptance , or homologation , was not sufficient , and the Defender had good interest to propone the nullity , not being founded super jure tertij , but simply exclusive juris agentis , as wanting the essential solemnities , and also because the Defender has payed the Minister the accustomed Teind-duty for all years bygone , and having his Discharge of the whole Teind-duty due by him eatenus he is in the Ministers place . The Lords found the Defender to have sufficient interest to alleadge the nullity upon the Discharges , but found the Patrons acceptance of a Right to the ●ack , a sufficient consent to validat the same , and that it required no consent expresly by subscription of the Tack . The Defender further alleadged Absolvitor , because this Tack never having attained Possession , nor no action following thereupon , for more then 40. years it is prescribed and void , and so likewise is the Decreet of prorogation , being more then 40. years since . The Pursuer answered , that the Defender having no Right to his Teinds , had no interest to quarrel his Right . 2dly , That a Tack being but a Right to an annual Prestation , it is all one , as if a Right had been granted to every year a part , in which case 39. years would be entire , and the Pursuer insists for no further . The Defender answered , that prescription being a total extinction of the Right , and not a transmission thereof , by vertue of an other Right ; It is not jus tertij to the Defender to alleadge the same , and to exclude any from troubling him , upon a null and prescribed Right , and he is lyable only to the Minister , to whom he has made payment , and obtained his Discharge for bygones , and for time coming ; likeas it is better to be in the hand of an Ecclesiastical Person , th●n in the hand of a powerful secular Person . To the second , that there is not here granted distinct Tacks , of several years , but one individual Tack for many years , all which years are expired ; but it subsists only by the prorogation : and albeit it be true , that if the Tack had been once cled with Possession , and so become a real Right , the Defender would only have been fred of the Duties before fourty years , but the very Tack it self being never cled with Possession , is singly expired and void . The Lords found the Defense Relevant , and competent to the Defender , to Liberat him of all bygones payed to the Minister , but not to exclude the Pursuer for time coming , in respect , that by the Decreet of Provision , and prorogation of the Tack , the benefice is no more a Parsonage , but the Minister is a Stipendiary , and is in Possession by vertue of a Modified Stipend , the Right of the Teinds remaining by the Tack , and prorogation forsaid in the Tacksman , and in his Successors . But because the Pursuer alleadged Minority and Lesion , the Defender proponed a third Defense , viz. That he had made payment bona fide to the Minister , and had received a Discharge for his whole Teind duty , and could be lyable for no further , for bygones , till his use of payment was interrupted by Citation , or Inhibition . The Pursuer answered , that any payment the Defender made , was but an inconsiderable Duty allocat out of his Teinds , by vertue of the samine Decreet of modification , and locality ; and albeit the Minister had Discharged his whole Teind , yet as to the superplus , which is the Tacksmans part , the Discharge was meerly gratuitous , and was not upon payment made , and the Pursuer was willing to allow what he truely payed ; the Defender answered , that in all Benefices and Tacks , use of payment importing a verbal Tack , is sufficient per tacitam relocationem , till it be interrupted , so that if the Minister had granted a Tack in Writ but for one year , and the Defender had continued in Possession per tacitam relocationem , he was bona fide Possessor , & f●cit fructus consumptos suos , even albeit the Minister had no Right , so his use of payment for so long a time must work the same effect , neither can it be made appear , that the Defender or his Predecessors payed more , then what they now pay . The Lords Sustained the Defense , and found the Defender only lyable for use of payment , until Citation or Inhibition . Mr. George Johnstoun contra Sir Charles Erskin Lord Lyon , Eodem die . UMquhile Richard Irwing having Died Infeft in the ten Merk Land of Knok-hill , his Son , had a Son , and four Daughters , his Son being his appearand Heir , and being Addebted a Sum to Mr. Iames Alexander , he Charged him to enter Heir in special to Richard his Grand-father , and Apprized the Lands from him , whereunto Sir Charles Erskin has now Right ; the said Son being now Dead , and never Infeft , Mr. George Iohnstoun takes Right from the four Female Grand-children , and Serves them Heirs to their Grand-father , but before they were Infeft , there was an Infeftment , or Charge upon the Apprizing , at the instance of Mr. Iames Alexander , and in a former competition , Sir Charles was preferred upon Mr. Iames Alexanders Right , as denuding the Male Grand-child , appearand Heir for the time , in the same manner as if he had been Infeft ; now Mr. George Iohnstoun upon the Femals Right , raises a Declarator , to hear and see it found and declared , that Mr. Iames Alexanders Apprizing was satisfied , and extinct by Intromission , before the legal was expired . It was alleadged that the Pursuers , as Heirs Served , and entered to Richard their Grand-father , had no interest to Redeem the Apprizing , led against Robert their Brother , unless they were also entered Heirs to their Brother , which Robert , if he were alive , might Redeem the Apprizing against himself , so that the legal Reversion being in his Person , cannot belong to his Grand-fathers Heirs , but to his own Heirs , and as he , or his Heirs could only Redeem , so can they only declare the Apprizing to be satisfied by Intromission , neither can the Reversion belong to two , both to the Heirs of Robert , who was Charged to enter Heir , and to the Heirs of the Grand-father , who Died last Infeft . It was answered , that Robert never having in his Person any real Right , as never being Infeft , albeit fictione juris , the Act of Parliament gives the Creditors like Right upon his disobedience to enter , being Charged , as if he had entered , yet that is a meer passive Title , and could give no active Title to Robert , or any representing him , either to Redeem , or to call the Apprizer to an accompt , till they were entered Heirs to the person last Infeft ; for albeit the Creditor Apprizer has a real Right , yet the disobedient appearand Heir has none ; and albeit the Lords might suffer the disobedient appearand Heir , or his Heirs to Redeem the Apprizing , because the Apprizer had no interest to oppose the same , being satisfied , much less can the Apprizer now oppose the Pursuers , who being Infeft as Heirs to Richard , have the real Right of Fee in their Person , and consequently the Right of the Reversion of the Apprizing led against Richards appearand Heir , which being a minor Right , is implyed , and included in the Property . Which the Lords Sustained , and found that the Heirs of the person last Infeft , being Infeft , might Redeem , or declare against an Apprizer , who Apprized from an appearand Heir , lawfully Charged , albeit they were not of that appearand Heir . The Creditors of James Masson contra Lord Tarphichan , Eodem die . SEveral English-men Creditors to Iames Masson , who lately broke , being Infeft in several Annualrents , out of Lands of his , pursue Poinding of the Ground ; compearance is made for the Lord Tarphichan Superior , and his Donator , to the Liferent Escheet of James Masson , who alleadged that James Masson being Ribel year and day before these Infeftments of Annualrent , the Ground could not be Adjudged , but the profits behoved to belong to the Superior , and his Donator . It was answered , that the Superior , or Donator had no Interest by the Rebellion of James Masson , because before the Rebellion , James Masson was Denuded in favours of his Son , and he Received as Vassal , so that the Vassal for the time , not having fallen in Rebellion , the Superior can have no Liferent Escheat . The Superior answered , that the Creditors of Masson having been once Vassal , and as Vassal constituting their Annualrents , they could not object upon the Right of his Son , unless they had derived Right from his Son. 2dly , The Superior is also Creditor , and hath Reduced the Sons Right as fraudulent , in prejudice of him , a lawful Creditor . It was answered , that the Superiors Right , as a Creditor upon the Reduction , doth not simply annul the Sons Fee , neither doth it at all restore the Father again , because it being but a Reduction to a special effect , viz. that the Creditor may affect the Lands , by Apprizing upon his Debt , anterior to the Sons Infeftment , notwithstanding of his Infeftment , the Sons Fee stands , but burdened with that Apprizing , so that upon neither ground , the Superior can have the Right of a Liferent Escheat , of him who once was his Vassal , but was Denuded before Rebellion ▪ and which is most competent to the Pursuers , as well as if the Superior had been Denuded , and another Superior Infeft , if he or his Donator had been pursuing for a Liferent , any person Infeft in the Land might well alleadge , that he had no Interest as Superior , being Denuded . The Lords found , that in neither case the Superior , or Donator , could have interest in the Liferent Escheat . Mr. John Hay contra the Town of Peebles , January 20. 1669. MAster John Hay the Clerk having pursued a Reduction , and Improbation , against the Town of Peebles , of all Right of Ascheils belonging to him in Property , containing also a Declarator of Property of the saids Lands of Ascheils , and that certain Hills lying towards the Town-lands of Peebles , are proper Part , and Pertinent of Ascheils : He insists in his Reduction and Improbation , for Certification , or at least , that the Defenders would take Terms to produce . The Defenders alleadged no Certification , because they stand Infeft in these Hills in question , per expressum , and the Pursuer is not Infeft therein . The Pursuer answered , that he offered to prove , that they were proper Part , and Pertinent of the Lands of Ascheils , whereof he produces his Infeftment . The Defenders answered , that till the samine were proven , they were not obliged to take Terms to produce , or otherwise , upon this pretence of Part , and Pertinent , before the samine were instructed , any party might necessitate all his Neighbours , to make patent to him their Charter Chists . The Pursuer answered , that the Defenders ought to take a Term to produce , and that before Certification , at that Term he would prove Part , and Pertinent , and alleadged the Practique in the Case of the Town of Sterling , observed by Dury , the 24. of Iune 1625. The Lords Sustained the Defense , and would not put the Defenders to take Terms , till the Lands in question were first proven to be Part , and Pertinent , and allowed the Pursuer to insist primo loco in this Declarator for that effect ; and as to the Practique alleadged , they found in that Case , the Defenders alleadged upon no Right , whereas the Defenders propone here upon an expresse Infeftment . Laird Kilburny contra the Heirs of Tailzie of Kilburny , and Schaw of Greinock , Eodem die . UMquhile Sir Iohn Crawford of Kilburny , having only two Daughters , the eldest Married to Blackhal , Dispones his Estate to Margaret the younger , and to the Heirs-male of her Body ; which failing , to the eldest Heir Female , without division , throughout all the Succession ; and failling the Issue of this Daughter , his eldest Daughter , and her Issue ; and failling of these , Iordanhil and Kilburny , their Issue , all which failling his own Heirs , and Assigneys whatsomever . In which Disposition there is a Clause , that the said Margaret , and the Heirs of Tailzie , should not alter the Tailzie , nor Dispone , or burden the Lands ' or contract Debts , whereby they might be Apprized , and carried from the Heirs of Tailzie ; otherwise the Contraveeners should lose their Right ipso facto , and there should be place to the next Heir of Tailzie : but there is a Clause subjoined , that the said Margaret , and the Heirs of Tailzie might Sell , Dispone , and Wodset the Lands of Easter Greinock , and Carsburn , and might burden the same with Sums of Money , for paying , and satisfying of the Defuncts Debts . The said Margaret Crawford having Married the Earl of Crawfords Son Patrick ; they did Sell the Lands of Easter Crawford , and Carsburn , to Sir Iohn Schaw of Greinock , at a Rate far above the ordinar Price , having expected a Bargain with the Town of Glasgow , for a Harbour there ; but the Town having made another Bargain with New-wark : Greinock pursued Kilburny , either to annul the Minut , or fulfil the same , and to secure him , in relation to the Clause de non alienando ; and to that effect , Kilburny raises a Declarator against the Heirs of Tailzie , to hear and see it found and Declared , that by the Right granted to the Lady by her Father , she might lawfully Sell the Lands of Easter Greinock , and Carsburn . The Heirs of Tailzie compeared not , but Greinock compeared , and was admitted for his Interest , which was , that the Processe being for his security , he might propone all the Defenses , which he thought competent to the Heirs of Tailzie , and alleadged that the Libel was no ways Relevant , bearing a power to Sell simply , but that it ought to have been conform to the Clause in the Disposition , viz. to Sell , Wodset , or Burden , for payment of the Defuncts Debts , which did necessarly import , that no further could be Sold , then what was sufficient to pay the Debt , and therefore no Processe , till the Libel were so ordered , and the Debts produced . The Pursuer answered , that he opponed the Clause , having two Members , one bearing with full power to Dispone the Lands of Easter Grienock , and Carsburn , and the other bearing to affect the same with Sums , for paying of the Defuncts Debts ; which payment of the Defuncts Debts , was but the end , motive , and consideration for which the power was granted , but was no restriction , quality , or limitation of the power . 2dly , It did only relate to the second Member of the Clause , and not to the first Member , which bore with full power to Sell , and Wodset , &c. which full power , is directly opposit to a limited power . 3dly , Albeit the Pursuer were obliged to instruct the Debt , and apply the price for satisfying thereof , yet the Clause doth not limit him to Sell only so much as will be equivalent to the Debt , but he satisfying the Debt , more or lesse , hath acted conform to the Clause , which uses to be so exprest in Clauses of this nature , as that the Heirs of Tailzie may Dispone so much as will be sufficient for payment of the Debt , which not being exprest , these restrictive Clauses being against common Law , are strictissimi juris , and not to be extended beyond what the words expresly bears . 4thly , Albeit the Pursuer were obliged to instruct that there were Debt , which might be a price , yet he were not obliged to instruct that they would be equivalent to this price , but to such a price as were not a third part within the ordinar Rate , in which latitude , every Seller hath power , and the alienation cannot be quarrelled ; and albeit that price would be more then the Debt , yet these Lands being two intire Tenements , which none would Buy by Parcels , the Pursuer could only be comptable to the Heirs of Tailzie for the superplus . The Defender answered , that he opponed the Clause , being one and copulative ; and that these Lands being put per expressum in the Clause , de non alienando , It could not be thought that the immediat following Clause , would give the Lady as much power , as to these Lands , as if they had not been in the former Clause , but the intent to satisfie the Defuncts Debt , being the last words in the Clause , is relative to the whole Clause , and natively resolves into an Restriction , or Quality , not bearing that they night be the more able to pay the Debts , but for payment and satisfaction of the Debts . The Lords considering that Heirs of Tailzie were absent , and that as to them , the Interlocutor would be in absence , found it most just , and safe for both Parties to declare conform to the Clause , that the Alienation was valide for satisfying the Defuncts Debts , and found not that the Debts behoved to be equivalent to this price . The Creditors of John Pollock contra James Pollock his Son , January 21. 1669. THe Creditors of John Pollock having Adjudged his Tenement for their Debt , and James Pollock having gotten a Bond of 5000. Merks from his Father , payable after his Fathers death , which was granted after he was Married , he did also Apprize thereupon within year and day of the Adjudication . The Adjudgers raise a Reduction of this Bond , and the Apprizing following thereupon , upon these Reasons ; First , Because the Bond was granted for Love and Favour , and albeit it bear borrowed Money , yet the said Iames has acknowledged by his Oath , that it was for Love and Favour , and so being granted betwixt most conjunct Persons , after the contracting of their Debts , it is null by the Act of Parliament , 1621. The Defender alleadged that the Reason was not Relevant as to such Debts as were not constitute by Writ , anterior to the Defenders Bond ; and as to any constitute by Probation of Witnesses , for proving Bargains , Merchant Compts , and Furnishing , wherein the Probation , and Decreet are both after the Bond , they cannot be said to be anterior Debts , because they are not constitute till Sentence ; and albeit the Sentence bear the Debt to have been contracted before this Bond , yet that cannot make them anterior Debts , because Writ cannot be taken away by Witnesses , proving an anterior Debt , which would be as effectual against the Writ , as if the payment thereof had been proven by Witnesses , and the time of Bargaining , or Furnishing , being a point in the Memory , and not falling under the Sense , no body would be secure who had Writ , but that Bargains , and Furniture might be proven anterior thereto . The Pursuer answered , that his Reason was most Relevant , and the constitution of the Debt is not by the Decreet , or Probation , but by the Bargain , and Receipt of the Goods , or Furniture , after which no posterior Deed of the Debitor , can prejudge the Creditors Furnishers ; and albeit in many cases Witnesses prove not , and Witnesses are not admitted to prove , where Writ may , and uses to be interposed , yet where the Probation is competent , the Debt is as well proven thereby , for the time of contracting as it is by Writ , neither doth that ground , that Writ cannot be taken away by Witnesses , any way hinder , for the meaning hereof , is only that the Payment , or Discharge of that Writ , must be proven by Writ , and it were a far greater inconvenience , if after Bargain , and Furniture , any Writ granted by the Debitor , though without an Onerous Cause , should prejudge these Creditors . The Lords Sustained the Reason , and Repelled the Defense , and found Debts constitute by Witnesses to be effectual , from the time of contracting , and not from the time of Probation , or Sentence , to take away any posterior Deed of the Debitor , done without a Cause Onerous . The Pursuer insisted in a second Reason of Reduction , that albeit these Debts were posterior to this Bond , yet the samine ought to be Reduced , as being a fraudulent conveyance betwixt the Father and the Son , kept up , and latent in some of their Hands , without any thing following thereupon , to make it known and publick , so that the Creditors having bona fide contracted with the Father , having a visible Estate , were deceived and defrauded by this latent Bond , if it were preferred to them . 2dly , This Bond bears only to be payable after the Fathers Death , and so is but donatio mortis causa , and but a Legacy ; or if it be inter vivos , it is much more fraudulent and latent . 3dly , Bonds of Provision , for Love and Favour granted to children , are accompted but as their legitime , still Revockable by the Father , and all Debts contracted by him are preferable to them . The Defender answered , that there was neither Law , Reason , nor Custom to evacuat , or exclude Bonds of Provision , granted by Parents ex pietate paterna , to their Children , upon accompt of their Fathers posterior Debt , especially if the Bonds were Delivered , for there is no ground for any such thing by the Act of Parliament , 1621. which relates only to Deeds done after the Debt contracted , neither is there any sufficient ground of fraud , that the Bonds were not made publick or known , there being no obligement upon Parties to publish the same , and Creditors have less means to know the Debts of other anterior Creditors , then of Children , having a just ground to suspect that they may be provided , and to enquire after the same , neither doth the delay of the Term of payment import , either fraud , or that the Bonds were donationes mortis causa . The Lords would not Sustatin the Reasons of Reduction upon the Act of Parliament , 1621. or upon the general ground , that posterior Debts were preferable to all Bonds of Provision , but ordained the Pursuer to condescend upon the particular ground of fraud in the Case in question . The Collector-general of the Taxation contra the Director of the Chancellery , Ianuary 22. 1669. THe Director of the Chancellery being Charged for the present Taxation , imposed in Anno 1665. by the Convention of Estates , Suspend on this Reason , that he is a Member of the Colledge of Justice , which by the Act of Convention are exempted . It was answered , that the Members of the Colledge of Justice were never further extended then to the Lords , Advocates , Clerks of Session , and the Writters to the Signet . It was answered , that as the Signet depends immediatly , and chiefly upon the Lords of Session , and Writters thereto , are of the Colledge of Justice , so the Chancellery depends in the same way upon the Lords , who issue Orders thereto from time to time , to give out Precepts direct to Superiours , or to Bailliffs , Sheriffs for Infefting of Supplicants ; and therefore the Director of the Chancellary , being Writer in that Office , must enjoy that Priviledge , as well as the Writers to the Signet ; for albeit the Director gives out Precepts and Brieves of Course , without the Lords Warrand , so do the Writers to the Signet , give out many Summons of course without Warrand . The Lords found the Director of the Chancellary to be a Member of the Colledge of Justice , and therefore Suspended the Letters . The Collector general of the Taxations contra The Master and Servants of the Mint-house . Eodem die . THe Master of the Mint did also Suspend for him and his Servants on this Reason , that it was their ancient Priviledge to be free of Taxations , for which they produced certain Gifts , by former Kings of Scotland , and Decreets of the Lords . It was answered , that the Act of Convention gives only Exemption to the Members of the Colledge of Justice , and Discharges all former Priviledges and Exemptions . It was answered that Acts of the Convention must be understood salvo jure , which takes place even in Acts of Parliament . 2dly , They produced a late Gift , granted by the King in Anno 1668. Exeeming the Master and Servants of the Mint from all Taxation , Imposed or to be Imposed , which is past the Exchequer and Privy Seal , so that the King who hath Right to the Taxation , might Discharge the same to whomsoever he pleased . The Lords in respect of the new Gift , did Exeem the Officers of the Mint , and Suspended the Letters . The Daughters of umquhil Chrichtoun of Crawfoordstoun contra Brown of Inglistoun . Eodem die . THe Daughters of umquhil Crichtoun of Crawfoordstoun , as Heirs appearand to him immediatly after his Death , gave in a Supplication to the Lords , desiring his Charter-Chist to be Inventared and Sequestrat . Which the Lords granted . But before the Commission came to the House , William Lowry the Ladies Nevoy , upon notice of the Order , Rode Night and Day , and prevented the same : so that all the Writs were carried from Crawfoordstoun to Inglisstoun . Thereafter the appearand Heirs raised Exhibition , ad deliberandum , against the Lady and others , who produced three Dispositions by Crawfordstoun , in favours of Brown of Inglistoun , who had Married one of his Daughters , and the Heirs of that Marriage , whereby he Disponed his Estate of Crawfoordstoun to them , with a Bond of 20000. pounds , the intent whereof seems to have been , that they might have Appryzed , to make the Disposition effectual , and she and William Lowrie having Deponed , acknowledged that the Writs and Charter-Chist were carried out of Crawfoordstoun to Englistoun , but Deponed that they knew not whether thir Writs were amongst them or not , or whether they were formerly delivered to Inglistoun himself , who is now dead : There was in the Exhibition Libelled a Declarator , that the Writs were null , as not delivered , and that being unwarrantably taken out of the Defuncts Charter-Chist , after the Lords Order to the contrair , they ought to be put back and Sequestrat , till the Rights of Parties were Discust . The Pursuers did now insist in this last member , to the which it was answered , that the Writs being Exhibit to the appearand Heirs ad deliberandum , and they having seen them , they could have no further interest , but the Lady Crawfoordstoun Tutor to her Oy Inglistoun , ought to have them up again , who produced them ; neither is it , nor can it be instructed , that these Writs were unwarrantably taken out of the Charter-Chist , after the Lords Warrand , seing their Oaths bore , that they knew not whether these were in the Charter-chist or not ; and therefore , being a Pupils Writs , in his favours produced by his Tutrix , they cannot be taken from him or Sequestrat , unless the unwarrantable medling therewith were proven . 2dly . By a Disposition of the Moveables to the Lady produced , granted by the Defunct , it bears a Delivery of the Keys of the Charter-Chist to her , to be Delivered to Inglistoun with the Charter-Chist , which is equivalent as if they had been Delivered to Inglistoun himself , and she was content to be Enacted to produce them when ever the Lords found cause . It was answered , that the Lords Warrand being anticipat , and the bulk of the Writs in the Charter-Chist carried away , it must be presumed , that these Dispositions , and that Bond was amongst the rest , and so must be returned in statu quo . The Lords found this alleadgance Relevant , unless the Defenders would instruct that these Writs were not in the Charter-chist the time of the Order , but out thereof in Inglistouns hands : and yet they allowed the Parties presently to Dispute whether , albeit these Writs were in the Charter-Chist , Inglistoun or his Tutrix should have them up , or if they should remain Sequestrat . Mr. Iames Drummond contra Stirling of Ardoch . Ianuary 23. 1669. MR. Iames Drummond being Donator to the Escheat of the Laird of Glenegies , pursues Exhibition and Delivery of a Bond granted by George Mushet to Iames Henderson , containing 2000. merks principal , and by him Assigned to umquhil Glenegies , and thereby falling under his Escheat , and the Bond being produced by Ardoch , the Donator craves the same to be Delivered to Ardoch . It was answered by Ardoch , that the Bond ought not to be Delivered to the Donator , because it cannot belong to him , in respect that Mushet , who by the Assignation became Debitor to Glenegies , had two Bonds granted by him to Glenegies , containing 3000. merks , wherein Ardoch is Cautioner , whereby this Bond of 2000. merks , due to Glenegies , was compensed long before Glenegies Rebellion . It was answered for the Pursuer . that Compensation is not Relevant , unless it had been actuallie proponed in Judgement , or Extrajudiciallie stated , by the Parties offering and accepting the Compensation . 2dly , That the alleadgance is no wayes Relevant against the Donator , who has Right to the Debts due by the Rebel . 3dly , Ardoch had no Interest to alleadge the Compensation , which could only be proponed by Mushet the Creditor , and not by Ardoch who is Cautioner to him . The Defender answered , that Compensation is Competent ipso jure , from the time that the sums be mutuallie due by the Debitor and Creditor , in the same way as if they had granted mutual Discharges each to other ; and therefore when an Assigney Pursueth or Chargeth , Compensation is always Sustained against him upon Debts due by the Cedent before the Assignation , albeit the Compensation was not actually stated before the same ; neither is the Donator here in better case then an Assigney , so that when he pursues Mushet Debitor to the Rebel , Mushet may alleadge Compensation upon the like Debt due to him by the Rebel before the Rebellion , and the Defender hath good Interest to propone the Compensation , because he is Cautioner to Glenegies for Mushet , and if Mushet be forced to pay the Donator , without allowing Compensation , Ardoch will be necessitat to pay Mushet , to whom he is Cautioner , and therefore hath good Interest to propone that by the concourse of the two Debts , they are both extinct , and he is not obliged to Deliver up to the Donator the Bond Constituting Mushets Debt . The Lords found the Alleadgance proponed for Ardoch Relevant and Competent , and that Compensation was Relevant against the Donator upon Debts due by the Rebel before Rebellion . Sir Iohn Weims contra Farquhar of Towley . Eodem die . SIr Iohn Weims having Charged Farquhar of Towley for the maintainance of his Lands deu in Anno 1648. He Suspends on this Reason , that by the Act of Parliament 1661. appointing this maintainance to be uplifted by Sir Iohn Weims , singular Successors are exeemed ita est , in one part of the Lands he is singular Successor to Sir Robert Farquhar , of another part , he has a Disposition from his Father , for Sums of Money particularly exprest in the Disposition . It was answered to the first , That the Exemption is onlie in favours of singular Successors , who had bought Lands the time of the Act , ita est , Sir Robert Farquhars Disposition is after the Act : neither doth it appear that a competent price was payed therefore , and as for his Fathers Disposition , though prior to the Act , yet the Narrative thereof , betwixt Father and Son , will not instruct the Debts , unless it be otherways instructed , nor can it be made appear to be a just price . The Lords found that the Exemption could not extend to singular Successessors , acquiring after the Act , for if at that time the Lands were in the hands of him who was Heretor in Anno 1640 , or his Heirs , nothing ex post facto done by them , can prejudge the Right Constitute by the Act , which doth not bear an exemption to singular Successors who should acquire , but only to these who had acquired . They did also Ordain the Defender to instruct the Cause onerous of his Fathers Disposition , but would not put the Suspender to Disput the Equivalence of the price , unless it were instructed that the Dispositions were Simulat , there being a great latitude in prices , according to the pleasure of Parties . Alexander Chisholme contra Lady Brae . Ianuary 26. 1669. ALexander Chisholme having apprized certain Lands from the Heirs of Sir Alexander Frazer of Brae , and thereupon insisting for Mails and Duties . Compearance is made for the Lady Brae , Sir Iames his Relict , who being provided by her Contract of Marriage to certain Lands , with an Obligement that they should be worth 2400. merks yearly , here Husband did thereafter , during the Marriage , grant her a Tack of the whole remanent Lands he had then , with a general Assignation and Disposition omnium bonorum , the Tack bears to be for Love and Favour , and that the Lady may be in the better capacity to aliment his Children , and bears 20. pound of Tack Duty , in case there be Children , and a Duty equivalent to the Rent of the Land if there be none , the entry to the Tack is at the next Term after the granting thereof , and not at the Husbands Death . Upon this it was alleadged for the Lady , that she ought to be preferred to the Mails and Duties of the Lands in question , by her Tack cled with Possession by her Husbands Possession before contracting of thir Creditors Debt , which must be understood her Possession stante matrimonio , and by her own Possession , after her Husbands Death , before Chisholms Apprizing or Infeftment . It was alleadged for Chisholme , that the alleadgance founded upon the Tack , ought to be Repelled . First , Because it is a Donation betwixt Man and Wife , null of it self , nisi morte confirmetur , and so is still ambulatory , and in the Husbands power , during his Life , and is in the same case as Bonds of Provision granted to Children , and keeped by their Father , which being still in his power , any Debt Contracted after would be preferable thereto : So here this Tack being in the Husbands power , the Contracting of a Debt thereafter is preferable thereto , and is an Implicit Revocation thereof . 2dly . This Tack being a most fraudulent , latent and clandestine Deed betwixt Man and Wife , whereupon nothing followed in her Husbands Life , the Creditors having no way to know any such thing , and having Contracted bona fide , are Insnared and Defrauded thereby ; and the Lords having Declared , that in regard they had Reponed the Lady against a former Decreet : She should now Dispute her Right of the Tack , as in a Reduction , against which , this would be an unquestionable Reason , that it is a latent , fraudulent Contrivance , containing a Disposition omnium bonorum . It was answered for the Lady to the first , That Donations betwixt Man and Wife , are not by Our Law and Custom null , but are valid , a principio , unless they be actually Revocked : and albeit Implicit Revocations has been Sustained by Dispositions , or Infeftments of the same Lands to others , yet never by a Personal Bond or Contracting of a Debt , posterior . To the second , The Ladies Right can never be Interpret in fraudem creditorum , there being no Creditors the time of the granting thereof , and the Husband being free , and Incapacitat by no Law , an Infeftment of the remainder of his Estate to her , so Cautioned as this is , is both legal and favourable : and albeit in the same , there be a Disposition omnium bonorum , which cannot reach to Goods acquired after the Debts , yet the Tack is valid & utile per inutile non vitiatur . 3dly , Albeit this Tack bear to be a Donation , and for Love and Favour ; yet it is neither Fraudulent nor Revockable , because it is donatio remuneratoria , granted by the Husband , who was obliged to make up the Joynture Lands , contained in the Contract of Marriage , to 2400. merks , of which they came short of four at the beginning , and other four have been Evicted . It was answered for Chisholme the Creditor , that this alleadgance was no ways Competent against him , who is a Creditor , contracting bona fide ; but the Lady ought to pursue her Son , as Representing his Father , for fulfilling her Contract , or at least till that be declared against the Heir , who is the only competent Party , the Creditor must Possess conform to his Right . 2dly , Whatever was the Husbands Obligement , the Husband hath not granted this Tack in Remuneration or Satisfaction thereof , but expresly for Love and Favour , without mention of any other Cause . It was answered , that the expressing of Love and Favour , which may relate to the general Disposition , cannot exclude other Causes ; and albeit it make the Tack a Donation , yet it is well consistent to be a Remuneratory Donation , which is not Revockable . The Lords found the Alleadgance Relevant , that this was a Remuneratory Donation , and that there was also much wanting of the Contract of Marriage , and found it competent against this Apprizer , and superceeded to give answer to the other Points , that if it were not proven Remuneratory , whether it could be Reduced as latent and fraudulent , at the Instance of posterior Creditors , or as being in the Husbands power , was indirectly Revocked , by Contracting of the posterior Debt , having no more Estate to burden with his Debt . Boil of Kelburn contra Mr. Iohn Wilkie . Eodem die . BOil of Kelburn having gotten a Commission from the Presbyterie of Irving , to uplift some vaccand Stipends , he gave Bond to pay to them 850. pounds therefore , and being thereafter Charged by Mr. Iohn Wilkie , Collector of the vaccand Stipends , Kelburn payed him 600. merks , whereupon Mr. Iohn gave Kelburn his Discharge of these vaccand Stipends , and of his Bond to t●e Presbyterie , with absolute Warrandice of the Discharge , especially bearing to relieve and free him of the Bond to the Presbyterie , thereafter Kelburn was Decerned to make payment of that Bond , after a long Debate Mr. Iohn Wilkie compeared , whereupon Kelburn Charged Mr. Iohn to pay him the 850. pounds , with Annualrent and Expences● upon the Clause of Warrandice , Mr. Iohn Suspends on these Reasons . First , That he was Circumveened , never having read the Discharge . 2dly , That Clauses of Warrandice ( however conceived ) are never extended further by the Lords , then to the Skaith and Damnage of the Party Warranted , which if it be Componed for never so little , the Warrandice reacheth no further then the Composition , and it can never be extended ad captandum lucrum ex alterius damno , so Kelburn having gotten Stipend worth 850. pounds , he cannot seek the same back again , but only the 400. pound he payed out . It was answered , that albeit general Clauses of Warrandice be so Interpret , yet this is an express and special ●action , to relieve Kelburn of this Bond , which , if it had been per se , would have been valide , although without an onerous Cause , and cannot be lesse valide , having so much of an onerous Cause . The Lords did take no notice of the Reason of Circumvention , Mr. Iohn being known to be a provident Person , but Restricted the Warrandice to the 400. pounds received by the Suspender , and Annualrents thereof , and the Expences of Plea against the Presbyterie , and found it no ways alike , as if it had been a Paction apart , but being a speciality in a Clause of Warrandice , it was to be Interpret accordingly , pro damno & interesse only . Lady Braid contra Earl of Kinghorne . Eodem die . THere is a Bond 10000. pounds granted to the Earl of Buchan Principal , and the Earl of Kinghorne Cautioner to umquhil Mo●ison of Darsie , and Dam Nicolas Bruce , now Lady Braid , then his Spouse , bearing Annualrent , and a Clause stating the Principal Sum after ilk Term , as a Stock to bear Annualrent , and Termly Penalties in case of failzie . This being called in praesentia , It was alleadged for Kinghorne , that Annual of Annual was a most Usurary Paction , rejected by all Law , and our Custom , and cannot subsist in whatever Terms it be conceived , otherwise by the like Paction , the Annual of that Annual might bear Annual , and so perpetually multiply ; and if this were Sustained , there would never be a Bond hereafter in other Terms . It was answered , that Bonds of Corroboration , stating Annualrents into Principals by Accumulation , have ever been allowed , and though that be done after the Annualrent is become due , making it then to bear Annualrent , there is no material difference to make it bear Annualrent by a paction ab ante , but not to take Effect till the Annualrent be effectually due . It was answered , that Custom had allowed the stating of Annualrents after they were due , into a Principal , because then being presently due , they might instantly be Exacted ; but Law and Custom hath rejected the other Case . The Pursuer further alleadged , that she being a Widow , and this her Liveliehood , Annualrent at least should be due for the Annualrents , seing she is ready to Depone , that she borrowed money to live upon , and payed Annualrent therefore , or otherwise the Termly Failzies ought to be Sustained . The Lords Sustained the Defense , and found no Annualrent due of the Annual , nor Termly Failzies , seing there was no Charge at the Pursuers Instance against this Defender , and that he was a Cautioner , but modified for all 100. pound of Expences . Bell of Belfoord contra L. Rutherfoord . Ianuary 27. 1669. BEll of Belfoord being Infeft in an Annualrent by the Deceast Lord Rutherfoord , out of certain Lands , pursues a poinding of the ground . Compearance is made for my Lady Rutherfoord , who alleadged she ought to be preferred , as being Infeft in an Annualrent of 2000. merks yearly , upon her Contract of Marriage , before this Pursuer . 2dly , That she ought to be preferred , for an Annualrent of 2000. merks yearly of additional Joynture , wherein she stands also Infeft publickly ; and albeit her Infeftment be posterior to the Pursuers , yet his Infeftment being base , not cled with Possession , before her publick Infeftment , she is preferable . The Pursuer answered , that before the Ladies Infeftment on her additional Jointure , he had used a Citation for poinding of the Ground , and is now Insisting for a Decreet thereupon , which must be drawn back to the Citation , and is sufficient to validat the base Infeftment , that it be no more from that time forth repute Clandestine . Which alleadgance the Lords found Relevant , and preferred the Pursuer to the Ladies additional Jointure . It was further alleadged for the Lady , that she was Served , and kenned to a Terce of the Lands in question , and must be preferred , as to a third part of the profits of the Lands , conform to her Infeftment upon her Terce . The Pursuer answered , that her Service , Kenning and Infeftment of Terce , are posteriour to his Infeftment of Annualrent , and posterior to his Citation foresaid thereupon . It was answered for the Lady , that her Terce being a Right Constitute by Law , by the Death of her Husband , albeit it be Served and Kenned after , these Acts are but Declaratory of her Right , by her Husbands Death , and do Constitute her Right ▪ not from the date of the Service , but from her Husbands Death , which is before the Pursuers Citation , so that his Infeftment , granted by her Husband , before his Death , not having been cled with Possession in the Husbands Life , it remained at his Death as an incompleat Right , which cannot exclude her from her Terce . It was answered , that a base Infeftment is of it self a valid Right , although by a special Act of Parliament posterior , publick Infeftments are preferred thereto , unless the base Infeftment hath been cled with Possession , which cannot be extended beyond the Terms of the Act of Parliament , and so cannot be extended to a Terce , but as the base Infeftment would have been a sufficient Right , against the Husband and his Heirs , so it must be esteemed as debitum reale , affecting the Ground , and his Lady can have no more by her Terce then the third of what was free unaffected before his Death . The Lords found the base Infeftment sufficient to exclude the Terce pro tanto , and that as to the Husbands Heir or Relict , it was a sufficient Right . Stirling contra Heriot . Eodem die . Stirling Son to Commissar Stirling , pursues for a modification of an Aliment out of the Liferent of Helen Heriot , his Fathers Wife , as having the Liferent of the whole Estate . The Lords Sustained not the Aliment , in respect the Defenders Liferent was very mean , and the Pursuer was major , and keeped a Brewary , and she kept one of his Children , and that he was not frugi aut bonae famae . Robert Brown contra Iohnstoun of Clacherie . February 1. 1669. RObert Brown pursues Iohnstoun of Clacherie , for payment of 1200. pounds contained in a Bill of Exchange , subscribed before two subscribing Witnesses , and marked with Clacheries hand , there was several other Bills for greater Sums produced , marked with the like mark , and none compearing for Clacherie . The Lords caused Examine the Witnesses insert , who Deponed that Clacherie was accustomed so to Subscribe , and one of them Deponed , that he saw him put to this mark to the Bill in question ▪ several others Deponed , that they had accepted such Bills in regard of his Custom , and had obtained payment from him , without any Debate thereupon . The question arose to the Lords , whether a Sum above an hundred pound could be proven by such a Writ , that had only a mark , and having demured upon it before , till they should try if any such case had been Sustained formerly , and none having been found Sustaining any Writ not being Subscribed with the whole Name , or at least the Initial Letters of the Debitors whole Name . It was offered by some , that Clacheries Oath might be taken ex officio , or de calumni● , not simply to refer the Debt to his Oath , but whether that truly he set to this mark , before these Witnesses , but Robert Brown being a dying , the Lords would not defer , but decided the Case , and found that this Writ being a Bill of Exchange among Merchants , and Clacheries custom so to grant Bills of greater importance then this , being clearly proven , and none appearing for him , they decerned against him upon the Bill and Testimonies , many of the Lords being of different Judgement , and that it was of dangerous preparative to encourage Forgerie , but it was Sustained only in all the particular Circumstances aforesaid , and not to be a general Rule . Iohn Boswel contra Town of Kirkaldie . Eodem die . THe Town of Kirkaldie having given a in Bill to stop the Interlocutor of the 22. of Iuly 1668. of the Process against them , and having objected against that Article of the Libel , whereby Iohn Bosewel craved Repetition of what he was stented for , for Charges of Commissions to the Convention of Burrows , upon this Ground , that the Convention of Burrows was authorized by Acts of Parliament , and Commissioners is ordained to meet yearly thereat , which being a burden arising from the Authority of Parliament , these who have Tenements in the Town , or Lands in the Burghs Lands are lyable pro rata , and did again resume the Debate anent the second Ministers Stipend , and being heard thereupon in presentia . The Lords adhered to their former Interlocutor anent the Teinds , and found nothing could make Iohn Bosewel lyable for any part of the second Ministers Stipend , except what was due by Law out of his Teinds , or what was due by his own consent , or by custom of 40. years , and found him not lyable for Charges of Commissioners of Burrows , which though authorized by Parliament , yet the intent thereof was Trading ; and though the Convention might equalise the proportion of Taxations amongst Burghs , which did concern all having Land therein : Yet that being a case meerly contingent , they would not upon consideration thereof , put any part of the burden upon these who had no Trade . Iohn Boswel contra Lindsay of Wormistoun . February 3. 1669. John Bosewel being appointed Commissar of St. Andrews by the King , and before the Restitution of Bishops , after their Restitution , the Arch-bishop named Lindsay of Wormistoun Commissar , and agreed him and Iohn Bosewel , on these Terms , that Iohn should have the half of the profit of the place , whereupon Wormistoun grants a Bond to Iohn Bosewel , to Compt and Reckon for the Profits of the half , and to pay the same to Iohn Bosewel termly , and quarterly , and if any question should arise betwixt them in the Accompt , that he should submit himself to the Arch-bishops determination , and acquiesce therein . Iohn Bosewel Charges upon his Bond. Wormistoun Suspends . It was alleadged for Wormistoun , that his Bond did contain a Submission to the Arch-bishop , who is thereby the only Judge Constitute in these Accompts . It was answered , that this Bond was only Subscribed by Wormistoun himself , and a Submission must be Subscribed by both Parties , and that it behoved to be understood to last but for a year , and not to import a Liferent Submission , neither could it be exclusive of the Lords to decline their Authority . The Suspender answered , that this Submission being a provision in the Bond Charged on : Which Bond being accepted by the Charger , his acceptance makes his consent to the Submission , in the same way as if he had Subscribed the same : And there is no Law to exclude a Submission for two years , or a Lifetime , more then for one ; and it is not a declining of the Lords Jurisdiction , it being most ordinarly sustained , no Process , because there is a Submission standing . The Lords found that there is here a Submission , not ending by a year , and accepted by the Charger , and that thereby the Arch-bishop in the first place , ought to give his Sentence , which if he refused , or if it was iniquous , the Lords would cognosce thereupon , as in the case of other Arbiters , and Assigned therefore to the Arch-bishop , the first of Iune to determine thereupon . Kilburnie contra Heirs of Tailzie of Kilburnie . Eodem die . THe Laird and Lady Kiburny did insist in the Declarator against the Heirs of Tailzie , Dispute the 20. of Ianuary , and according to the Interlocutor then given , gave in a condescendence of Kilburnies Debt , amounting to fifty one thousand pound , and that the Rent of the Land did not exceed thirty six hundred merks . It was alleadged , that the Annualrents were here accumulate for five years after Kilburnies Death , which ought not to be , the Lady having Possession of the Lands , and ought to have payed the Annualrent , and the Clause impowering her to Sell , is only for satisfying Kilburnies Debt , due the time of his Death , which cannot extend to Annualrents , due after his Death , and that these Annualrents were truly payed by the Lady , and so could not come in as a Debt upon the Estate . 2dly . The Moveable Debts ought to be satisfied by the Executory , which must first be Exhausted , the Lady her self being Executrix , and so cannot burden the Heirs of Tailzie , or the Estate ; for if they , had been Distrest , they could have craved payment from her , quoad vires inventarij , so that the principal Sums not extending to 40000. Pounds , and the Lands being Bought by Greinock , at the Rental of 4000. Merks , and 20000. Merks being gotten more for the Lands then the Debt , the power of Selling granted to the Lady in the Disposition , can never extend to so vast a difference , albeit a small difference of the price would not be noticed : and lastly it was offered to find a Party , who would take a Wodset of the Lands , in satisfaction of all the Defuncts Debts , so that the Lady cannot , in prejudice of the Heirs of Tailzie Sell , where Wodsetting may do the turn , and the Wodset should contain a Reversion , and no Requisition ; and whereas it might be pretended that the matter was not intire , because the Lands were actually Sold to Greinock , he offered to Consent , and Renunce his Bargain . It was answered , that this Clause de non alienando , being against the nature of Property , was odious , and not to be extended , and the faculty of Selling , or affecting , being suitable to the nature of Property was favourable , and not to be restricted further then the Defuncts own Words , and Termes , who having given full power to his Daughter to Sell , or affect the Lands named , for payment of his Debts , and not having said ( to Sell , or burden so much of the Land as were equivalent to the Debt ; neither having said so much of the Debt , as exceeded his Moveables , or his Moveables being first exhausted ) it is most rational , and to be presumed to be his meaning , that as to his Moveables he did not burden her at all ; and that this part of his Lands he set apart for his Debt , for he understood his Debt to be about the value of it , otherwise he could have set apart less Land , or could have more limited the Faculty 〈◊〉 Disposing ; but the principal Sums of this Debt being 40000. Pounds , and the Rental not being pretended to have been above 4000. Merks , the principal would amount to the value of the Land at 15. years Purchase , and there being unquestionably a latitude to the Feear to Sell at such a Price , as in discretion he thought fit , though he had sold at twelve years purchase , or not under the lowest Rate of Land ; neither could the Buyer be quarrelled , nor the Seller , as incurring the Clause irritant , and therefore the Lady having Sold at a far greater Rate then the ordinar , Greinock and the Town of Glasgow being both dealling for the Land , they to make a Harbour there , and he not to suffer them , in prejudice of his Town , and Harbour in Greinock , there is no reason to exclude the Lady from the benefit of her Bargain , or to necessitat her to quite the same , and give only a Wodset , seing the Clause gives her power both to Sell , and Affect , and does not limit her to either of them . The Lords Repelled the Defenses , a●d declared that the Lady had warrantably Sold these Lands , and that the principal Sums being so considerable , although the Rental had been more , they were sufficient ▪ and found that the Clause laid no necessity upon her to exhaust the Moveables , and that she might thereby Wodset , or Sell at her pleasure , Iames Deanes contra Alexander Bothwel , February 5. 1669. ALexander Bothwel of Glencorsse being conveened before the Commissars of Edinburgh , for Slandering Iames Deanes Procurator before the Commissars , in calling him a false knave , publickly in the Parliament House , and at the Crosse ; the samine being proven by Witnesses , he was Decerned to stand at the Kirk Door of Glencorsse where both Parties dwelt , and acknowledge his Fault , and to pay 100. pound to the Poor , and 100. pound to the Party . Bothwel Suspends on these Reasons , first , That the Commissars could not ordain him to stand at an Congregation , which is an Ecclesiastical Censure . 2dly , That they could not also Fyne him to the Poor , nor Decern any thing to the Party , but the Expences of Plae , seing there was no other Damnage Lybelled nor proven . 3dly , That the Witnesses were not habile , being the Pursuers own Servants . The Charger opponed the Decreet wherein the Suspender was compearing , and objected nothing against the hability of the Witnesses then , and therefore cannot now quarrel their Testimonies , and that it was most proper for the Commissars to cognosce upon Slander or Defamation , neither was his standing in order to Repentance but in order to restoring the party to his Fame . The Lords Repelled the Reasons , and Sustained the Decreet in all Points . Cleiland contra Stevinson . Eodem die . William Cleiland Charges Iohn Stevinson upon a Bond of 400. Merks , bearing Annualrent , he Suspends on this Reason , that the Charger was owing him more for Victual , being his Tennent , which was now liquidat before this time , but after the Date of this Bond , and craved compensation thereupon , not only from the Date of the liquidation , but from the time the Victualrent was due . Which the Lords Sustained . Rule contra Rule , February 6. 1669. MArgaret Rule having made a Consignation of certain Bonds , and in general of all other Rights , with a Disposition of all her Goods to Umquhile Robert Rule her Brother , who having named Mr. David Rule his Executor , and universal Legator , did upon his Death-bed acknowledge , that his Sisters Disposition was in trust to her own behove , granted upon that consideration , that she being a Bastard , unless she Disponed in her leige poustie , her Means would be Confiscat by her Bastardy , she thereupon pursues the said Mr. David Rule to deliver back her Assignation , with her own Writs . The Defender alleadged the Lybel was no way Relevant ▪ there being nothing Libelled but the Defuncts acknowledgement of a Trust upon Death-bed , and that offered to be proven by Witnesses only , but First , The Trust behoved to be declared by a Declarator , and not thus by an Exhibition . 2dly , Trust is only probabable scripto vel juramento , being a matter of so great importance . 3dly , Some of the Rights Assigned , and Disponed , are Heretable , and nothing done upon Death-bed can prejudge the Defuncts Heir thereof . 4thly , An extrajudicial Confession without Writ , albeit it were acknowledged , hath no effect , for it cannot be known quo animo , such words might have been exprest . The Pursuer answered , that the Trust might be very well Lybelled , with the Exhibition , and albeit the Defuncts Confession would not alone be sufficient to prejudge his Heir , yet it may very well stand as an evidence of Trust , which cannot be astricted to probation by Witnesses , but hath ever been found probable by other evidences , especially where the Person trusted is Dead , and the Pursuer condescends upon these evidences and adminicles of Trust. First , Communis fama . 2dly , The Assignation and Disposition bears no Reservation of the Disponers Liferent , and yet she continued still in Possession , and her Brother ( whom she Entrusted ) never medled , which he would not have done , if the Disposition had been for a Cause Onerous , or to his own behove . 3dly , He did solemnly , in presence of Witnesses above exception , acknowledge the Trust on his Death-bed . The Lords Sustained the Summons , and would not astrict the Pursuer to prove by Write , or Oath of Party , but ordained Witnesses to be Examined ex officio , anent the evidences and adminicles condescended on by the Pursuer . Black contra Dawid French ▪ February 9. 1669. THe Lands of Miln-burn being holden Waird of the Dutchess of Hamiltoun , after Miln burns Death the Duke and Dutchess grants a Gift of the Waird to Mr. ●o●ert Black , who pursued for Mails and Duties ; and likewise David French having Appryzed from Miln burn , and having Charged the Dutchess before Miln-burns Death to Receive him , he pursues the Tennents for Mails and Duties , who Suspend upon double Poynding . In the Competition it was alleadged for the Appryzer , First , That his Appryzing being a Judicial Sentence , did Denude Miln-burn the Vassal , in the same way as if Miln-burn had Resigned in the Dukes Hands , in favours of David French , after which Miln burn was totally Divested , and no Casualty could befall to the Superior by his Death , Ita est that Law hath stated a Decreet of Appryzing in the same Case as an Resignation accepted , for though the Vassal , against whom the Appryzing was led should Die , the Appryzer will summarly upon a Charge obtain himself Infeft , so that the former Vassal was totally Denuded . 2dly , Here not only there is Appryzing , but a Charge against the Superior , which fictione juris is in all points , as if the Appryzer were actually Infeft , and therefore the Appryzer , who first Charges , albeit he in●i●t not to use any further Diligence , is ever preferred to all other Appryzers Infeft after . It was answered for Black the Donator , that he ought to be preferred , because the Superior , who gave his Gi●t , could not want a Vassal , nor loss the Casualty of his Superiority without his own fault , but the Appryzer did not become Vassal , neither by the Appryzing , nor by the Charge , nor was it ever found that the Liferent , or Waird of an Appryzer fell , unless he had been actually Infeft , and it would be of very great disadvantage to Creditors , if the naked Charge should make their VVaird to fall , which they may pass from at their pleasure , therefore seing the Appryzer could not be Vassal , the former Vassal behoved to remain Vassal ; and seing the Superior could not have a Waird by the Appryzers Death , he behoved to have it by the former Vassels Death ; and albeit the Charge be ●qulparat to an Infeftment , as to the Competition of Appryzers , whom the Superior may not prefer , but according to their Diligences , yet it is not holden as an Infeftment to any other Case , for thereupon the Appryzer cannot remove the Tennents , neither is the Appryzing equivalent to an Resignation accepted , albeit it being an incompleat legal Diligence , it may be compleated against the Superior after the Vassals Death , yet not so as if the Superior had Received a Resignation from the Appryzer , which is the Superiors voluntar Deed , but there is nothing upon the Appryzing to force him to give Infeftment to the Appryzer , until conform to the Act of Parliament , a years Rent of the Appryzed Lands be offered to him , and therewith a Charter offered to Subscrive , which being done , upon his Delay , Fault , or Contumacy , he may be excluded from the subsequent Casualties , and cannot thereby be gainer , in prejudice of the Appryzer , but otherwi●e without his Fault , he cannot loss the Casualties . It was answered for the Appryzer , that the Appryzing , and Charge did state the Appryzer as Vassal , and there was no inconvenience thereupon to Creditors , more then if they had been actually Infeft . 2dly , Our Statute hath provided contrair to the Common Feudal Customs , that Superiors must Receive Strangers , being Creditors Appryzing , for payment of a years Rent , so that the Superior can have no more but the years Rent , and not the subsequent Waird also , and there being mutual Obligations between the Superior and the Appryzer , introduced by the Statute , viz. that the Superior should Receive the Appryzer , and that the Appryzer should pay to the Superior a years Rent , as in all mutual Obligations , so in these , the Delay of the one Party in performance of his Obligation , doth stop the Execution , and Effect of the other Obligation to him , ay and while he perform , but quando mora purgatur , by performance of the one Party , both Obligations are effectual as a principio , and therefore , albeit the Appryzer had been obliged to pay a years Rent when he were In●eft and did it not the time of the Charge , yet now he offers to do it at the Bar , unde purgatur mora , and the Superior must Receive him in obedience to the Charge , which must be drawen back to the Charge , and the Lords cannot but find the Le●●ers , that is to say the Charge orderly proceeded , neither can there be any fault in the Appryzer , that he did not then offer a years Duty when he Charged ▪ because it was not liquid nor constant what the years Duty was , and therefore he was only obliged to do it after the liquidation , and modification of the Lords ; and lastly he having proceeded as all other Appyzers have done by perpetual Custom , he was in bona fide to acquiesce . It was answered for the Donator , that this former ground holds still good , that the Casualties of his Superiority cannot be lost to him , without his Delay or Fault ; and the Case is no way here as in mutual Obligations , but as in a Conditional Obligation , for the Statute obliges the Superior to Receive the Appryzer , he paying a years Rent , which being per ablativum absolute positum , is ever interpret as Condition , as if it had said , the Superior shall Receive him if he pay a years Rent ; but by the Statue there is no obligation put upon the Appryzer to pay the years Rent , for the payment is in Condition and not in Obligation , and the Appryzer may ever forbear to seek the Infeftment , and yet will obtain Malls and Duties , and so will Possess , and exclude the Superior , both from the Casualities of his Superiority , and his years Rent , therefore by the Statute there is only a Conditional Obligation upon the Superior , to Receive the Appryzer upon payment of a years Rent ; now the nature of all Conditional Obligations is , that pendente conditione & ante purificationem nulla obligatio , so that till that time whatever occurs is freely the Superiors : And albeit the Lords will now , upon offer of a Charter , and the years Duty , give a Sentence , the ordinar Stile whereof , is finding the Letters orderly proceeded , without putting the Appryzer to a new Charge , yet they do not thereby find , that at the beginning the Charge was orderly without the offer , but that now it becomes orderly by the offer , and therefore hath only effect from the offer ▪ and not from the Charge , and prejudges not the Superior of the Waird falling before the offer . 2dly ▪ The Superior at the time of the Charge offered obedience , upon production of a Charter , and a years Duty to the Messenger who Charged him , conform to an Instrument produced , the Appryzer himself not having Appeared . The Appryzer answered , that the Superior ought to have drawen up a Charter , and Suspended , Consigning the Charter in the Clerks Hands in obedience , to b● given up to the Appryzer after payment of the years Rent , conform to the Lords modification ; and it was not enough to offer obedience to a Messenger , or to require a years Rent , which is not liquid but by the Lords Sentence ; and further alleadged that it was lately found , that a Liferent Escheat falling after a Charge , did not exclude the Appryzer , and there can be no Reason , but the same should be in a Waird . It was answered , that no such Practique was produced , nor acknowledged , and that in a Liferent Escheat , the Vassal ( against whom the Appryzing was led ) might collude , and might let himself go year and day at the Horn , of purpose to prejudge the Appryzer , but the Waird falling by his De●th , there is no suspition of collusion , and the Waird is due by the reddendo of the Charter , but the Liferent is only due by an extrinsick Law , and Custom . The Lords found that the Charge did no● st●●e the Appryzer as Vassal , so that the Waird would have fallen by his Death ; neither did they consider the inconveniency of the Superior , as wanting the Superiorities by both Parties , if he were Contumacious , aut in culpa : But they found that the Superior was not in culpa , or in mora , until the Appryzer presented to him a Charter upon obedience , and offered some Money for his Entry , and Caution for what further the Lords should Decern , and did not find the Superior obliged to require the Vassal so to do , and therefore found the Superior here , not in mora aut : culpa , and found the Waird to belong to him , and preferred the Donator , and declared they would follow it as a Rule in all time coming . Thomas Cowan contra Young and Reid , Eodem die . ADam Young having Married his Daughter by the first Marriage , to Thomas Cowan ▪ and given him two thousand Merks of Tocher , in satisfaction of all she could claim ; did by a second Contract of Marriage , provide a thousand Merks to the Heirs of that Marriage , and all his Conquest during the Marriage , after which Contract , he gave a Bond of 400. Pound to his Daughter of the first Marriage , bearing to be payed in parcels as he was able , and after the Bond , he Disponed his Goods and Gear to his Daughter of the second Marriage : Now the Daughter of the first Marriage , pursues the Daughter of the second Marriage to pay the Bond , as she who Intrometted with the Defuncts Goods . The Defender alleadged Absolvitor , because this Bond being granted without an Onerous Cause , after the Provision of the second Contract of Marriage , Providing all the Goods Conquest to the Heirs of the second Marriage , who were thereby their Fathers Creditors , for fulfilling of that Provision , no voluntar D●ed done without a Cause Onerous by their Father , in Favours of his Daughter , of a former Marriage could prejudge them , or burden the Moveables acquired in that Marriage . It was answered , First , That the Provision being to the Heirs of the second Marriage , they being Heirs , could not quarrel , but were obliged to fulfil their Fathers Obligation , whether for a Cause Onerous or not . 2dly , Such Clauses of Conquest are ever understood , as the Conquest is at the Acquirers Death , but does not hinder him any time of his Life to Dispose , or Gift at his pleasure , which if he might do to any Stranger , there is neither Law or Reason to exclude him to do it to his Daughter : And albeit it might be interpret Fraud , if nothing were left to the Daughters of the second Marriage , yet where they have a special Provision , and something also of the Conquest , with this burden , their Father could not be found thereby to Defraud them , or to hinder him to use his Liberty . Which the Lords found Relevant , and Sustained the Bond. Buohan contra Taits . February . 11. 1669. IN Anno 1623. George Tait of Pirn gave a seisine propriis m●nibus to George Tait his eldest Son , and a Bond of that same Date , bearing that he had given Seisine , and obliging him to Warrand the same , Reserving his own Liferent : Thereafter in Anno 1640. he Contracts in Marriage with Ianet Buchan , and for two thousand and five hundreth Merks of Tocher , obliges him to Infeft her in the same Lands of Pi●n , wh●rein his Son was Infeft , whereupon she now pursues Reduction of George Tait youngers Infeftment against his Daughters , upon these Reasons . First , That the Seisine propriis m●nibus , was only the assertion of a Nottar without a Warrand . 2dly , That the Seisine had not four Witnesses . 3dly , That this was a clandestine latent Right , most fraudulent betwixt a Father and his appearand Heir , never having been published , or taken effect by any Possession , and cannot prejudge this Pursuer , who is a most priviledged Creditor , and brought a competent Tocher with her . 4thly , That this being an Infeftment by a Father to his appearand Heir , then in his Family , it was but as the legittime of Children , which is still ambulatory at their Parents Disposal , and so must be affected with this posterior burden of the Fathers Marriage . It was answered to the first , that the Bond of the same Date with the Seisine , acknowledging the same is a sufficient adminicle , and is equivalent , as if the Father had Subscribed the Seisine . To the second , there is no Law requiring ●our Witnesses to a Seisine , for that Act of Parliament is only where a Party Subscribes by a Nottar , but relates not to Nottars Instruments Subscribed by themselves , upon warrands , or adminicles , without which they are not valid with 40. Witnesses , and without which two Witnesses are sufficient . To the third , this Infeftment is no ways Fraudulent , or Latent , seing it is Registrat in the Register of Seisines , and Reserves the Fathers Liferent , whose Possession is the Sons Possession , and cannot be pejudged by a Deed so long posterior thereto . To the last , Infeftments taken to Children by Parents being Registrat by Parents , can never be Recalled . The Lords Assoilzi●d from all the Reasons of Reduction , and Sustained the Defenders Seisine . Pot contra Pollock , February 12. 1669. UMquhile Iohn Pollock having granted a Bond of 5000. Merks to Iames Pollock his second Son of the first Marriage , and he having Adjudged thereupon ; Pot as Assigney by his Wife to her Provision , and the Creditors Debts , having also Appryzed , raises Reduction of Iames. Pollocks Bond , and Adjudication on this Reason , that the said Bond was without a Cause Onerous , given by a Father to a Son , as is clear by the Sons Oath , taken thereupon , and therefore a posterior Debt Lent by Creditors , bona fide to the Father , is in Law preferable thereto . 2dly , This Bond to a Son can be but de natura legittimae having no Cause Onerous , as if it had born for his Portion Natural , and Bairns part : In which Case it is Revockable by the Father , and the Fathers Creditors ( though posterior ) are preferable thereto . 3dly , This Bond is Reduceable , super capite doli , as being a contrivance betwixt a Father and a Son , to insnare Creditors to Lend to the Father , who then drove a great Trade , which must be inferred from these circumstances . First , The Son was fori● familiat and sufficiently provided before . 2dly , The Bond bears no Annualrent , and the Term of payment is after the Fathers Death , and remained ever latent betwixt the Parties , without any thing following thereupon , and these Debts were all Contracted within a very little after this Bond , which was only a year before the Defuncts Death . The Defender answered , that the Reasons are no ways Relevant , for there is neither Law nor Reason to hinder any person to give Bonds or Gifts freely , there being no Impediment the time of the granting , neither hath the Law any regard to posterior Creditors , but in personal Debts , whether for Causes Onerous or not , the first Diligence was ever preferable ; nor was it ever heard that a posterior Onerous Obligation did Reduce , or was preferred to a prior gratuitous obligation , upon that ground that the prior was gratuitous . And to the second , Albeit this Bond were in satisfaction of a Portion Natural , as it is not yet , being Delivered to the Son , who i● forisfamili●t , he can be in no other case then any other person to whom a bond were granted , without an Onerous Cause . As to the third , Dolus non presum●tur , and all machinations being only animi , are only probable scripto vel juramento , and can be inferred by no circumstances . The Pursuer answered , that albeit in dubio dolus aut c●lpa non pre●umitur , yet it is doubtless probable otherwise then by the Oaths of the Parties , whereunto Tru●● is never to be given , in relation to their own shame , contrivance , or fraud , and therefore mat●ers of fact do neces●arly infer , and presume fraud in many cases , and in none more then this , where the Deed was clandestine , and latent betwixt Father and Son , and where the Fathers Estate was thereby rendred insuffi●ient to pay both his D●bt , and the others contracted shortly therea●ter ▪ and if it were sustained that such latent Rights betwixt conjunct persons were valide in prejudice of posterior Creditors , contracting bona fide , and not knowing the same , all Commerce behoved to cease , for every man might give such Bonds to his Children , and continue to Trade , and to borrow Money , and upon the Childrens anterior Bonds be totally excluded . The Defender answered , that our Law by a special Statute , in Anno 1621. having determined the cases of presumptive fraud , and extended the same only to anterior Creditors , without mention of posterior Creditors , the same might be thought to be of purpose omitted , and cannot be extended by the Lords . The Lords found the matter of fact , and circumstances , alleadged Relevant to infer a presumptive fraud , and contrivance betwixt the Father and the Son , which did insnare the Creditors who continued to Trade , and therefore Reduced the same as to the Creditors , and preferred them , and the Relict in so far as she was a Creditor , but not for any posterior or gratuitous Provision to her , or to her Children , but they did not find the two first grounds Relevant to prefer a posterior onerous obligation to a prior gratuitous , or that this Bond was as a ●egit●ime Revockable ; and the Lords were chiefly moved because of the inconvenience to Creditors , acting bona fide with a person Trading , and repute in a good Condition : And where in eventu his Estate is not sufficient , both to pay his Creditors , and this Bond , for if it had been sufficient for both , they would have come in pa●● passu , having both done Diligence within the year . Iohn Brown contra Robert Sibbald , Eodem die . IOhn Brown having taken a Feu of some Aikers of Land , at a great Rent in Victual and Money , pursue Robert Sibbald ( now his Superior ) to hear and see it found and declared , that he might Renunce , and be free of the Feu Duty . The Defender alleadged Absolvitor , because this Feu was by a mutual Con●ract , by which the Vassal had bound him and his Heirs to pay the Feu Duty yearly , and which obligation he could not louse at his pleasure ; for albeit Feues which are proper and gratuirously given without any obligement on the Vassals part , but given by a Charter , or Disposition , as being presumed to be in favorem of the Vassal , he might Renunce the same , nam cuivis licet favori pro se introducto renunciare , but here the Vassal being expresly obliged for the Feu Duty , cannot take off his own obligation , this case being like unto that of a Tack , which being by mutual Contract , cannot be Renunced , though by a Tack only granted and Subscribed by the Setter it may . The Pursuer answered , that he opponed the common opinion of all Feudists , de feudo refutando , wherein there is no exception , whether the Feudal Contract be Subscrived by both Parties , for every Contract must necessarly import the Consent of both Parties , and the acceptance of a Vassal to a Feu by way of Dispo●ition is all one with his express obligation in a mutual Contract . 2dly , Though such a Contract could not be Renunced , yet this Pursuer may Renunce , because by a Back-bond by the Superior , who granted the Feu under his Hand , he has liberty to Renunce when he plea●es . The Defender answered , that this Back-bond not being in corpore juris , nor any part of the Investiture , it was only personal against that Superior who granted the same , but not against the Defender , who is a singular Successor . It was answered , that the mutual Contract not being de natura feudi , but at most importing an obligement not to Renunce the Feu , any personal Deed before this Superiors Right , under the Hand of his Author , is Relevant against him , as well as his Author . The Lords found the alleadgeances upon the Back-bond Relevant against the Supe●●or , though singular Successor , it being granted of the same Date with the Feudal Contract , and relating to a matter extrinsick to the nature of the Feu , and so suffered the Pursuer to Renunce the same . Gilbert Mcclellan contra Lady Kirkcudbright , February 13. 1669. GIlbert Mcclellan being Infeft by the Lord Kirkcudbright in an Annualrent , effeirand to four thousand Merks , out of the Lands of Auchin●lour , thereafter my Lady was Infeft in Property , or an Annualrent out of the Lands , at her pleasure , for her Liferent use ; and after my Ladies Infeftment , my Lord gave a Corroborative Security of the Property of Auchinflour , and stated the four thousand Merks of principal , and the two thousand and five hundreth Merks of Annualrent in one principal , and Infeft him thereupon in Property wherein Gilbert was many years in Possession before my Lords Death : In the Competition betwixt my Lady and him , he craved preference , because he was seven years in Possession . 2dlie , Because his first Right of Annualrent still stands , and was Corroborat ; and therefore , as he would undoubtedly have been preferred to my Lady , for all his Annualrents , for the sum of four thousand merks by his first Infeftment , which is prior to my Ladies , and as an appryzing by poinding of the Ground for these annualrents , though posterior to my Ladies Infeftment , would be drawen back ad suam causam to his Infeftment of annualrent , and be preferred , so my Lord having voluntarly granted-this Corroborative Security to prevent an appryzing , it should work the same effect , as if an appryzing had been then led , and an Infeftment thereupon , which would have accumulat the annualrents then past , and made them bear annualrent in the same manner as this Corroborative security does . The Lords preferred Gilbert for the whole annualrents of his four thousand Merks , conform to his first Infeftment : but would not Sustain the Corroborative Security , being posterior to my Ladies Infeftment , as if it had been upon an appryzing , to give him annualrent for 2500. merks , then accumulate : but found no moment in his alleadgance of the Possessory Judgement , unless it had been seven years after my Lords death , when my Lady might have preferred her Right , and not contra non valentem agere . The Creditors of Balmerino and Couper contra my Lady Couper . Februarie 16. 1669. THe Deceased Lord Cowper having Disponed his Estate to his Lady , some of his Creditors , and some of Balmerino's Creditors , who was his Heir appearand , did raise Reduction of the said Disposition , as done on Death-bed , and before the day of Compearance they give in a Supplication , desiring Witnesses to be Examined , and to remain in retentis , that Cowper had Contracted his Disease , whereof he died before the Subscribing of this Disposition , and that he never went out thereafter , but once to the Kirk and Mercat of Cowper , which times he was supported and fell down Dead , a Swoon , before he was gotten home . It was answered for the Lady Cowper : First . That Witnesses ought not to be Examined until the Relevancy of the Libel were Discust , unless they were old or Valetudinary , or penury of Witnesses , whereas there are here fourty Witnesses ctaved to be Examined , and the coming to Kirk and Mercat being publick Deeds , there would be no hazard of wanting Witnesses . 2dly , The Creditors , or appearand Heir have no interest , unless the Heir were Entered , or they had appryzed , or had a real Right ; neither can the Creditors be prejudged by the Disposition , as being on Death-bed , because they may Reduce the same , as being posterior to their Debts , upon the Act of Parliament 1621. and the reason of Death-bed is only competent to Heirs , and to these having real Rights from the Heir , and not to their personal Creditors . The Lords ordained the Witnesses to be Examined , to remain in retentis , concerning my Lord Cowpers condition , the time of Subscribing the Disposition , and of his coming abroad ; and allowed my Lady also Witnesses if she pleased , for proving what his condition was at these times , reserving all the Defenses and Alleadgances of either Party in the Cause , for they found that the Creditors of Balmerino , as appearand Heir had interest to Declare that their Debts might by legal Diligences affect the Estate of Cowper , unprejudged by this Disposition , as being made by Cowper on Death-bed , and that the Reduction in so far as might contain such a Declarator , would be Sustained , for no Party can be hindered to Declare any point of Right competent to them , and it was also thought , that though there were many Witnesses called to find out who truely knew the Defuncts condition , yet there might be few , who truly knew the same , and these might be removed out of the way , either by Death , or by Collusion . Alexander Hamiltoun contra Harper . Eodem die . UMquhil Iohn Hamiltoun Apothecarie , having purchased a Tenement in Edinburgh , to himself in Liferent , and his Son Alexander in Fee , thereafter he borrowed 1000. merks from Thomas Harper , and gave him a Tack of a Shop in the Tenement , for the Annualrent of the Money . After his Death Alexander his Son used a Warning by Chalking of the Doors by an Officer in the ordinary Form , and he being Removed , Alexander pursues now for the Mails and Duties of the Shop from his Fathers Death , till the Defenders Removal , who alleadged Absolviture , because he bruiked the Tenement by vertue of his Tack , & bona fide possessor facit fructus perceptos suos . It was answered , that the Tack being but granted by a Liferenter , could not Defend after the Liferenters Death , and could not be so much as a colourable Title of his Possession . 2dly , That he could not pretend bona fides● because he was Interrupted by the Warning . It was answered by the Defender , that the Tack was not set to him by Iohn Hamiltoun as Liferenter , nor did he know but he was Feear , being commonly so repute , neither could the Warning put him in mala fide● because there was no Intimation made thereof to him , either Personally , or at his Dwelling-house , but only a Chalking of the Shop-door . The Lords Sustained the Defense and Duply , and found him free of any Mails or Duties , till Intimation or Citation upon the Pursuers Right : here the Pursuer did not alleadge that the Warning by Chalking of the Shop-door came to the Defenders knowledge , as done by the Pursue . Sarah Cockburn and Mr. Patrick Gillespie contra Iohn Stewart and the Tennents of Lintone . February 18. 1669. SArah Cockb●rn being Infeft in Liferent in an Annualrent of 1200. merks yearly , out of the Barony of Lintone , She and Mr. Patrick Gillespie her Husband , insisting for her Annualrent , in Anno 1657. obtained payment from Iohn Stewart , and gave him a power to uplift the same from the Tennents , and delivered to him the Letters of Poinding , to be put in Execution . Thereafter Mr. Patrick obtained a second Decreet against some Wodsetters , whose Rights were posterior to the Annualrent , for the years 1658 , 1659 , and 1660. and upon payment of these three years , did acknowledge payment made of the saids three years Annualrent , and all bygones whereunto he had Right . Mr. Patrick having granted Iohn Stewart a Bond to warrand him anent the year 1657. and that he had given no Discharges that might exclude him . The Tennents of Lintoun Suspends the Charge for the year 1657. upon that Reason , that Mr. Patrick had Discharged the Annualrent for the years 1658 , 1659 , 1660. and all preceeding whereunto he had right : Whereupon Iohn Stewart Charged M. Patrick upon his Bond of Warrandice , who Suspended upon this Reason , that the Discharge could not exclude John Stewart , albeit it bare all preceedings to which he had Right , because when he granted the Discharge , he had no right to the year 1657. which he had received from John Stewart , and given him Warrand , and his Letters to Poind for Mr. Johns Stewarts own use . It was answered , that unless that Order had been intimat , the Right remained with Mr. Patrick , and so his general Discharge extended thereto . It was answered , that albeit Intimation was necessar , as to establish the Right in the Assigneys Person : yet Mr. Patricks Warrand was sufficient to exclude him , at least , the matter of his Right being thereby dubious , the general Discharge cannot be effectual against him , if by the Oaths of the Wodsetters that got the Discharge , it appeared that they paid him not the year 1657. and some of their Oaths being taken , he who paid the Mony for himself , and the rest D●poned , that the year 1657. was not paid , and that there was no Decreet against the Wodsetters for 1657. but only against the Moveable Tennents , to whom the Discharge , containing the said general Clause , was not granted . The Lords found that in respect of the Oath , the general Discharge extended not to the year 1657. and therefore Suspended the Letters against the said Mr. Patrick upon his Bond of Warrandice , and found the Letters orderly proceeded at Iohn Stewarts Instance , against the moveable Tennents of Lintoun , for the year 1657. The Tennents further alleadged , that since the year 1660. they did produce three Consecutive Discharges from Mr. Patrick , which imports a Liberation of all years preceeding , specially seing Mr. Patrick was never denuded of the year 1657. nor no Intimation made . It was answered , that such a Liberation is but presumptive , presumptione juris , and admits contrary Probation , and is sufficiently taken away by the Oath of the Party , acknowledging that year unpaid● and the Warrand given to Iohn Stewart , to lift it for his own use , before these Discharges . The Lords Repelled also this Defense upon the three Discharges , in respect of the Reply . Trinch contra Watson . Eodem die . John Watson being Curator to Margaret Trinch , and having Contracted her in Marriage with his own Sister Son , there is a Disposition granted by her to the said Iohn Watson , of all her Means , and in the Contract , he Contracts with her 1000. pounds , whereunto the Heirs of the Marriage are to succeed , and failing these , to return to the said Iohn himself , she died before the Marriage , and David Trinch Stationer being Served Heir to her , raises Reduction of the Disposition , and Substitution in the Contract of Marriage , upon two Reasons . First , That albeit the Disposition contain Sums of Money , yet being of the same date with the Contract of Marriage , in which Iohn Watson Contracts 1000. pound with the said Margaret Trinch , which unquestionably has been all that has been gotten for the Disposition , the said Disposition is a part of the Agreement , in relation to the Marriage , and must be understood , as granted in Contemplation of the Marriage , as if it had been Contracted in the Contract of Marriage ; so that the Marriage not having followed , the Disposition is void , as being causa data causanon secuta . 2dly , Both the Disposition and Provision in the Contract , that failing Heirs of the Marriage , the 1000. pound should return to Iohn VVatson , were obtained by Fraud and Circumvention , being granted to a Curator , ante reddi●as rationes , by a Person who lately was his Minor , and who was of a weak capacity , Stupide and halfe Deaf , and upon such unequal Terms , her Means being worth 3000. pounds , as appears by a Decreet obtained at her Instance , and all she got being but 1000. pounds , to return to Watson , in case there were no Children , and nothing secured on the Husbands part . The Defender answered to the first , that albeit the Disposition was of the same date with the Contract of Marriage , it did not conclude , that it was in Contemplation of the Marriage , and might be , and truly was an absolute Bargain . As to the Reason of Circumvention , it is not Relevant , although the Terms had been as unequal as they are alleadged , for the said Margaret Trench , might freely Dispose of her own , at her pleasure , and leave it to Iohn VVatson , who was her Mothers Brother , if she had no Children , especially seing David Trinch , the nearest on the Fathers side , is but her Goodsires Brothers Oy , and never took notice of her , whereas Iohn Watson Alimented her from her Infancy , and obtained Decreets for her Means , and never received a Groat thereof ; neither was there any inequality betwixt the 1000. pound , and her means , for which , albeit there be a Decreet in absence of a greater sum ; yet there are unquestionable Defalcations , which being Deduced with her Aliment , there will not be 1000. pounds free . The Lords conceiving the Matter to be very unwarrantable on the Curators part , in taking this Disposition and Substitution , before his Accompts with his Minor were given up , did reduce both the Disposition and Substitution , not only as done in Contemplation of Marriage , but as being presumed fraudulent and unwarrantable . Mr. Iohn Hay contra the Town of Peebles . February 19. 1669. MR. Iohn Hay Insisting in his Declarator , that certain Hills Libeled were proper Part and Pertinent of his Lands Libelled , wherein he stands Infeft in Property . It was alleadged for the Town of Peebles , that they do not acknowledge his Right of Property , but they alleadge that they are Infeft by King Iames the second , in their Burgage Lands with the Commonty of Priest-shiels , and likewise by King Iames the fourth , and that Queen Mary having directed a Commission for Perambulation to the Sheriff of Edinburgh , he Perambulate their Commonty , and hath set down Meithes and Marches thereof , which are exprest in their Decreet of Perambulation , within which their Meithes lie , and that in Anno 1621. they have a Charter from King Iames the sixth , of their Burgage and Commonty of Priest-shiels , comprehending expresly thir Hills ; by vertue whereof , they have been in peaceable Possession thereof , as their proper Commonty by Pasturage , Feuel , Fail and Divot , and by debarting all others therefrom . The Pursuer answered , that their Charters was but periculo petentis , the King having formerly granted the Right of thir Lands to his Authors , and the Decreet of Perambulation by the Sheriff of Edinburgh , was a non suo judice , the Lands not being within the Shire , and for any Possession they had , it was not constantly over all the year , but only a while about Lambas of late , and was still interrupted by him and his Authors , and offered him to prove that they have been in immemorial Possession , by Teiling , Sowing and all other Deeds of Property , and that thir Hills cannot be part of their Commonty , there being other Heretors Lands interjected between the same and the Commonty of Priest-shiels , so that the Pursuer ought to be preferred , being in libello , and far more Pregnant and specially alleadging Acts of Property by Tillage , and the Defenders having Declarator depending of their Commonty , and alleadged a Practique at the Instance of Sir George Kinnaird , where he alleadging upon Property more pregnantly , was preferred to an other in Probation , alleadging Pasturage . The Lords preferred neither Party to Probation , but before answer Ordained a Perambulation to be , and Witnesses adduced , hinc inde , anent the Situation of the Bounds , and either Parties Possession and Interruption . Lord Elphingstoun contra Lady Quarrel . Eodem die . THe Lord Elphingstoun pursuing Quarrel in a Tutor Compt anent the Profits of the Coal of Elphingstoun , this Q●ere came in from the Auditors , how the small Articles of uncost should be proven . It was alleadged for Quarrel , that such Articles could be proven no other way but by his Oath , seing it was impossible either to use Witnesses , or for them to remember such small particulars , occurring every day , especially seing it was known to all Coal-masters , that such particulars were ordinarly incident . It was answered for the Lord Elphingstoun , though these Particulars were small , yet they amounted in whole to 2000. merks , and that the Tutors ought to have keeped the Coal-Grieves weekly Books , wherein every particular was set down dayly as they were expeded ▪ which if they were produced , and both the Tutors and Coal-Grieves Oathes were taken thereupon , that they were truly so payed , as they were recently set down , they might be allowed : but no such Book being produced , the Tutor could not give a Compt thereof at random , nor could his Oath in Astruction thereof be received ; because it were impossible for him to remember these small particulars without the Books . It was answered for the Tutor , that during the Dependence of this Process , the Books were lost● which were made up by the Coal Grieves weekly : but that he produced a Book made up of these Books , and was willing to give his Oath that the first Books were lost , and that thir Books , albeit they be not direct Copies of the former Books , yet that they were made up of the former , and did agree in the matter with them , and contained no more then they did . The Lords refused to Sustain this manner of Probation , but ordained Quarrel to condescend de casu ommissionis , of the first Books , and adduce such Proofs and Evidence thereof as he could , and also to condescend who was the Writer of the latter Books , that he might be Examined how he made up the one from of the other . Kings Advocat contra Craw. Eodem die . THe Kings Advocat pursues a Declarator of the Bastardy of one Craw. It was Alleadged for the Defenders , that the Libel was not Relevant , unless it had been condescended who was the Bastards Mother , and offered to be proven , that she was never married to his Father . It was answered , that not being married was a Negative , and proved it self , unless the Defenders condescended upon the Father , and offered to prove married . The Defender answered , if that was Relevant● the most of all Scotland might be declared Bastards , it being impossible after a considerable time to instruct the Solemnizing of a Marriage , but Law and Custom doth require , that at least it must be condescended on and instructed , that the Defunct was holden and reputed Bastard at the time of his Death . Which the Lords found Relevant . And it being further alleadged , that there was produced a Legittimation taken by the Bastard from the King , which did import his acknowledgement of being Bastard , and was stronger then being holden and repute Bastard . It was answered , non constat , that the Defunct took this Legittimation , but some other might have done it in his Name , without his warrand . The Lords found the Legitimation sufficient to Instruct the Bastardy . It was then alleadged , that the Legitimation Denuded and Excluded , the King not only giving power to the Bastard to make Testament , but to Dispone of his Heretable Rights , even on Death-bed . It was answered , that whatever the Stile of such Gifts be , they are never extended to Heretable Rights , but only to a Faculty , to make Testament , which Bastards want by the Law : but if the Bastard made no Testament , and did Exhaust his Moveables by universal or particular Legacies , the Executor nominat could only have the third , which follows the Office , and the King would have the rest of the Inventar , not Exhausted . 2dlie , All general Declarators being summar , these Debates are only competent in the special Declarator . The Lords Repelled the Defense hoc loco , and reserved the same to the special Declarator . Relict of Skink contra Earl of Roxburgh . Eodem die . UMquhil Cornelius Skink pursues the Earl of Roxburgh upon a Bond , and the Earl having alleadged that the Bond was partly paid by Skinks Intromission with the Earls Pay in Holland , and partly made up of exorbitant Usurary , of 16. per cent Monethly , as appears by a Compt of the same date , with the Bond subscribed by Skink , and whereunto the Bond relates , there was an Act of Litiscontestation in Anno 1659. sustaining the alleadgance as to the Intromission and Usury after the Bond , but repelling the same , as to what preceeded the Bond , and appointed a Compt and Reckoning . Skink being dead , his Relict as Executrix having Transferred the Act , craves now the Compt to proceed conform thereto . The Defender answered , that he ought to be Reponed against the Act , in so far as it Repelled the Alleadgance , upon the Usury preceeding the Bond , as being unjust . The Pursuer answered , that the opponed the Act of Parliament , Confirming the Judicial preceedings in the time of the Usurpation , and specially Ratifying Acts and Interlocutors of the Judges . The Defender answered , that this Act was unwarrantably Extracted , there being a posterior Interlocutor , which is now produced under the hand of the President , at that time , ordaining the Compt to be not only upon the exorbitant Usurary after the Bond , but-also before the same . The Lords ordained a new Act of Compt and Reckoning to be Extracted , allowing the Defender to be heard upon the exorbitant Usury before the Bond , also before the Auditor , in respect of the said posterior Interlocutor . Andrew Bruce contra Laird and Ladie Stenhope . February 20. 1669. ANdrew Bruce Merchant in Edinburgh , pursues the Laird of Stenhope for payment of a continued Tract of Merchant Compts , insert at several times in his Compt Book , as being taken off by Margaret Sinclar , in the name and for the behove of the Laird of Stenhope , upon these Grounds . First , That the Ware was worn and made use of by the Laird of Stenhope and his Lady , and so was converted to their use . 2dlie , That Margaret Sinclar was entrusted by the Laird of Stenhope and his Lady , to take off Ware for them from time to time , as appears by several Missive Letters of theirs to the said Margaret : so that Margaret having taken off the Ware , and being entrusted so to do , they must pay the same . 3dlie , Not only was Margaret Sinclar trusted to take off Merchant Ware in general , but particularly to take off the same from Andrew Bruce , upon these Grounds : First , Because there is produced an Compt in the Pursuers Books , before the Accompts in question , which is not contraverted ; so that Andrew Bruce was Stenhops Merchant , when Margaret Sinclar began to be Imployed . 2dlie , By one of the Ladie Stenhops Letters , it appears that a Satine Petticot and Lace was taken off from Andrew Bruce , by Margaret upon Trust of Stenhope , and the Lady desires that Margaret may endeavour to get the Lace taken back , and their Names put out of the Compt Book . 3dlie , The Laird and Ladies Oathes being taken , ex offi●●o , the Lady acknowledges that she was several times in Andrew Bruces Shop with Margaret Sinclar , and that she was present with Margaret Sinclar , when the last part of the Accompt of 114. pounds was taken off , all which are sufficient Evidences of a Warrand or Commission to Margaret , to take off the Ware in question from the Pursuer . The Defender answered , that none of these Grounds were Relevant to oblige him ; for albeit he acknowledge the Goods to be Converted to his use , there is nothing to make it appear that he had any medling with the Pursuer , but by the Letters written by him and his Lady to Margaret Sinclar , made use of by the Pursuer , it is evident that he only imployed Margaret Sinclar to furnish him upon her Credite , and did prohibite to put him in any Merchants Accompt , saying that he would be only her Debitor and no others , so that it were of most dangerous consequence , if the making use of Good sh●uld infer an obligement to pay the Merchant , whose they were at first , though payment were made to the Person intrusted , as in this case the Letters to Margaret Sinclar bears , that she was paid of what was taken off formerlie by her , and there are severals also subscribed by her Hand for a part of the Particulars contained in these Accompts ; neither can any Trust put upon Margaret Sinclar , to take off Ware in general , Oblige the Defender , unless it had born To take off the same upon his Faith and Credite , and not to take off the same upon Margaret Sinclars own Credite : Neither doth the Circumstances adduced , infer a special Commission , to take off from Andrew Bruce , or prove that he was ordinary Merchant , or so much as that Stenhope knew that the Particulars in the Accompt were taken off upon his Credite , and were put in his Name in the Book , except that which concerns the Petticoat and th● last articles of the 114. pounds , especially seing his Letters prohibits her to put his Name in a Merchants Accompt : and seing Andrew Bruce for several years ▪ never so much as intimate the Accompt to Stenhope , till Margaret Sinclar was dead . The Pursuer answered , that in rem versam , is an unquestionable Obligation in Law , albeit nothing of a Commission were instructed , unless the Defender can alleadge that he made payment to Margaret Sinclar , and proved by her Hand Writ , and not by his own Letters . 2dlie , There is nothing more ordinar , then to take off Ware from Merchants by Taylors and Servants , who cannot be thought to have the Ware of their own , but that they must take them off from some Merchant , and therefore payment should not be made to such Persons , till they produce the Merchants Accompt , and his Discharge , or if it be , and if these Persons interposed pay not the Merchant , as in this case , the loss must not be to the Merchant , but to these who payed to the interposed Persons , upon their hazard , and if this were not , all Merchants would be ruined , for no Persons of quality do immediatly take off from the Merchants themselves . The Lords found that these Articles in the Accompt , in relation to the Petticoat and the 114. pounds , which were known by the Defender or his Lady , to be taken off in their Name , and put in Andrew Bruce , his Book , were due by them , and that though the same had been paid to Margaret Sinclar , it was upon the Defenders peril , if she paid not the Merchant : They did also find that the Goods being acknowledged to be converted to the Defenders use , they were lyable to the Pursuer , in so far as they proved not they paid Margaret Sinclar , and found the same probable by Margarets Writ , or by Witnesses : but found not that Ground Relevant , that Margaret Sinclar was intrusted generally to take off Ware ; or that the Grounds alleadged did instruct a particular Warrand to take off from the Pursuer ; and therefore did not find the payment made to Margaret Sinclar , which she failed to pay the Merchant , to be upon the Defenders peril , except as to the two parcels of Accompt aforesaid , which the Defenders knew to be in their Name in the Pursuers Book . Countess of Dundee contra Strait●un . February 24. 1669. THe Countess of Dundee as Donatrix to her Husbands Escheat , pursues Straitoun for a Sum due to her Husband . The Defender alleadged absolvitor , because that same day this Bond was granted by him to the Earl , a Creditor of the Earls arrested , to whom the Defender had made payment , and obtained his Assignation ; and therefore as Assigney craves compensation and preference as Arrester . It was answered that this Debt being contracted by the late Earl , after he was Rebel , it cannot burden his Escheat , in prejudice of the King and his Donator ; for though Creditors , whose Debts were due before Rebellion , arresting after Rebellion , may be preferred : yet no Debt contracted by the Rebel after Rebellion , can burden his Escheat , neither by arrestment nor compensation . Which the Lords found Relevant , and preferred the Donatrix , except as to what was due to the Defender by herself , or for Drogs to her Husband , which she was content to allow . The Earl of Kincardin contra The Laird of Rosyth . Eodem die . THe Earl of Kincardin pursues the Laird of Rosyth for the Teinds of his Lands , to which the Pursuer has Right . The Defender alleadged , that he had obtained a Decreet of the high Commission for Plantations against the Earl , whereby they Decerned the Earl to Sell and Dispone these Teinds for a price mentioned in the Decreet , being about nine years Purchase thereof , and therefore the Pursuer cannot have Right to the Teinds themselves , but only to the Annualrent of that Sum , which was the price . The Pursuer answered that he opponed the Decreet produced , which did not , de presenti , adjudge the Teinds to the Defender , but Decerned the Pursuer to sell them to him , upon payment of the said price , which can give no Right to the Teinds till the price be payed , or at least offered , which was never done . The Lords Repelled the Defense in respect of the Reply . The Earl of Annandail contra Young and other Creditors of Hume● Eodem die . THe Earl of Annandail having obtained Assignation from Iohn Ioussie to a Sum of Money due by the Earl of Hume , whereupon Inhibition was used Anno. 1634. and shortly thereafter an Appryzing upon which Aunandail was lately infeft . whereupon he now pursues Reduction of the Infeftment granted by the Earl of Hume to Young , as being after his Inhibition , which Inhibition being auterior to the most part of the Debs , Wodsets , and Apprizings of the Estate of Hume , and being supposed to be the leading Case , that the Decision thereon might rule all the rest , many of the Creditors did concur with Young , and produced their Interests , and craved to see the Process . It was answered , that they had no Interest in Youngs Right , and so could not crave a sight of the Process . It was replyed that albeit the Sentence against Young could not directly operate against them , yet indirectly it would , as being a Dicision , and Practique in the like case . The Lords found this no Interest to stop Process , but allowed any Creditors that pleased to concur in the Dispute . It was then alleadged Absolvitor , because this Assignation , Inhibition , and Apprizing , albeit standing in the Person of the Earl of Annandail , yet it was truely on Trust to the behove of the Earl of Hume , and if to his behove , it did accresce to the Defenders , as having Right from him , and for evidence of the Trust they condescended upon these grounds . First , That the Debt was contracted 35. years since , and no Diligence ever used thereupon till now , except an Apprizing , whereupon no Infeftment was taken till of late , albeit Infeftments were taken of the Estate of Hume , upon many posterior Apprizings , which are now expired , and will exclude this Apprizing . 2dly , The Assignation granted by Iousie to Annandails Father , was immediatly after the Lands of Dunglasse was Sold by the Earl of Hume , to the Laird of Dunglass , by whom Ioussie was payed , as a part of the price , by Sir William Gray , who was then Debitor to Dunglasse , likeas Ioussies Oath being taken ex officio upon his Death-bed , Depones that Sir William Gray payed him the Money , albeit he knew not by whose Means , or to whose use , yet he knew nothing of any payment made by the Earl of Annandails Father● 3dly , This Inhibition and Apprizing was never in Annandails , or his Fathers Possession , but still in the Possession of the Earl of Hume , and his Agents , and still in his Charter Chist . 4dly , The Earl of Annandail took a Security from the Earl of Hume for all Sums due to him , or for which he was Cautioner , wherein there is neither mention nor reservation of this Sum , or Apprizing . 5thly , The Earl of Annandail has consented to many of the Creditors Rights , which he would never have done , if this Apprizing had been to his own behove , thereby preferring others to himself , the Creditors therefore craved Witnesses to be Examined ex officio , upon all these points for clearing of the Trust , which being an obscure contrivance , can be no otherwise probable , all the Actors being now Dead , and is most favourable in the behalf of Creditors , who if this pursute take effect , will be utterly excluded , for if the Inhibition Reduce their Rights , the Pursuers Apprizing supervenient upon that same Sum , is now expired , and irredeemable . The Pursuer answered ; he did declare he would make only use of this Right , for satisfaction of the Debts due to him , and for which he was Cautioner for the Earl of Hume , and was content that Witnesses should be Examined anent the Inhibition , and Apprizings being still in the Possession of the Earl of Hume in his Charter Chist , but not upon any other ground to take away his Assignation and solemne Right , which cannot be taken away by Witnesses , but scripto vel juramento , and most of these presumptions are but weak conjectures , no wayes inferring that Ioussie was payed by the Earl of Humes Means , and the great friendship that was betwixt Annandail and Hume alleviats the same , it being the cause for which Annandail forbore to take Infeftment , or do Diligence , thereby to allarum Humes Creditors , that his Inhibition would always work his preference , and on that same ground did consent to several Creditors Rights , there being enough remaining for him , and which was an evidence that this Right was generally known , and that without it Hume could not give Security . The Lords ordained Witnesse sex● officio to be Examined upon all the points alleadged for ●learing of the Trust. The Kings Advocat contra the Earl of Mortoun and Viscount of Grandison , February 29. 1669. THe Kings Advocat pursues a Reduction of the Rights of the Earldom of Orkney and Zetland , granted by the Deceast King Charles the first , or by this King himself to the Earl of Mortoun , or Viscount of Grandison , and produces a Contract betwixt the King ▪ and the Earl of Mortoun , in Anno 1643. and a Charter following thereupon , whereby the Lands are granted , and Disponed blench , with several extraordina● Priviledg●s , as having right to the Bullion , and other Customs of Goods Imported there ▪ and also a Charter , in Anno 1646. by the King to the said Earl , relating to a Dissolution in the Parliament 1644. containing nova da●tus , and bearing also blench ; there is also produced an Infeftment , granted to the Viscount of Grandison , and after the said Infeftment , a Ratification by the Parliament 1661. In the which Ratification , there is contained a Dissolution of the Earldom of Orkney and Zetland , in favours of Grandison , wherein also the Dissolution , formerly made in favours of Mortoun , in Anno 1644. is particularly Rescinded upon this consideration , that neither the King , nor his Commissioner were present in the Parliament 1644. and that his annexed Property could not be Disponed , nor Dilapidat , without an express a●t of his own Ratified by Parliament . After this Dissolution in favour● of Grandison , the King granted no new Infeftment to Grandison ; The Advocat having holden the production satisfied with the Writs produced ▪ M●●toun and Grandison compeared not at all , and some others having publick Rights from them being called , did also pass from their compearance , and submitted to the Kings favour , and compearance being made for some of the Vassals holding of Mortoun , they were not admitted , because they produced no W●its to instruct there Interest , so the Lords proceeded to Advise the Reasons of Reduction , which were upon these points . First , That by the Law , and several particular Acts of Parl●ament , the Patrimony of the Crown being the Lands , and Customs annexed to the Crown , might not be Disponed by the King , unless the samine ( upon weighty Motives , and Considerations ) had been Dissolved by his Majesty , and the Parliament , and Dissolutions● made after Infeftments are not valide , Parliament 1597. cap. 236. and by the 234. Act of that same Parliament , the annexed Property can not be Se● otherwise , but in Feu Ferm , so that the Earldom of Orkney , being annexed to the Crown , by the annexation produced in Process , and the Contract and Charter , 1643. being before any Dissolution , is absolutely null ; and the Infeftment in Anno 1646. albeit relating to a Dissolution in Anno 1644. yet no such Dissolution is found in the Records ; and though it were , it is Rescinded in the Ratification in favours of Grandison , in the Parliament 1661. upon so weighty a Reason , as the King , or his Commissioner not being present : And because the Parliament 1644. is Rescinded by the Parliament 1661. wherein albeit there be a salvo of privat Rights , yet that cannot reach to the Patrimony of the Crown , especially seing in that same Parliament● 1661. His Majesty having Revocked all Deeds done by Him or his Father since 1637. which by the Laws of the Nation , he might not do to the Derogation of his Honour , or Crown , the Parliament has Ratified the same Revocation , as to all Rights granted since . 1637. Contrair to the Laws , and Acts of Parliament preceeding 1637. and likewise by an express Act of Parliament , it is provided , that no Ratification in Parliament shall prejudge the Crown● or supply a Dissolution , and that none of the Kings Customs ( which are also annexed ) can be effectually Gifted . The Lords found these Reasons Relevant , and proven , and Reduced all the Rights produced before the Dissolution in Anno 1661. since which there is no Infeftment granted . Pargilleis contra Pargilleis , February 26. 1669. UMquhile Abraham Pargilleis having no Children but one Bastard Daughter , Dispones some Lands acquired by him to Abraham Pargilleis , eldest lawful Son of that Daughter . Iohn Pargilleis his Brother Son , and nearest Heir , pursues a Reduction of that Disposition , as being done in lecto , and the Defender alleadged that the Defunct went abroad to Kirk and Mercat thereafter unsupported , and the Pursuer replying that he was supported , and either Party contending for Preference , the one that he walked free of himself , and the other that he was supported . The Lords considering the advantage to the Party that had the sole Probation , would prefer neither , but before answer ordained Witnesses to be adduced for either Party , concerning the Condition the Defunct was in , as to Sicknesse or Health when he Subscribed the Disposition , and the manner of his going abroad , whether free , or supported : and now the Lords having Advised the Testimonies , by which it was proven that the Defunct was Sick the time of the Subscribing of the Disposition , and that he continued Sick till his Death . It was also proven that he went unsupported a quarter of a Mile when the Seisine was taken , six days after the Disposition , and that after the same he went three times to Calder , and about three quarters of a Mile off , and that he was helped to his Horse , and from his Horse , and that he was helped up Stairs , and down Stairs , but that he walked a foot unsupported in the Mercat of Calder , and up and down from my Lords House ; being three pair of Buts of rising Ground . It occurred to the Lords to consider whether the Sickness proven would have been sufficient , not being ●●orbus sonticus , or in extremis , or whether the presumption of Health sufficient to leige poustie was enough that he came out to Kirk and Mercat , albeit the Sickness remained , and whether the probation of the Sickness remaining could take away that presumption ; and whether his being helped to his Horse , and from his Horse , or up and down Stairs , and his Man holding his Bridle as he Rode to , and returned from Calder , did infer that supportation , which eleids the presumption of Health by going abroad , or whether the going freely on foot ( having only a Staff in his hand the rest of the way ) was sufficient to prove that he went abroad in leige poustie . The Lords found that the Defuncts going abroad after the Disposition , as is before exprest , was Relevant to eleid the Reasons of Reduction on Death-bed , notwithstanding of the Defuncts being helped up and down Stairs , and to , and from his Horse , and by leading his Bridle , and that notwithstanding that he continued Sickly to his Death . William Street contra Hume and Bruntfield , Iune 9. 1669. William Street Merchant at London , having sent down a parcel of Skins to Arthure Lyel his Factor at Edinburgh , Lyel Sells the Skins to Hume and Bruntfield , and takes the Bond for the price thereof , in his own Name , payable to himself , without mention of Street , Lyel being Dead Bankrupt , and Street finding that if he should Confirm the value of the Skins as Executor Creditor to Lyel , the rest of Lyels Creditors would come in with him , and share in this Sum which was the price of his Skins , therefore he raised a Declarator against the nearest of kin of Lyel , that the sum due by Bruntfield and Hume , albeit the Bond was taken in the Name of Lyel , yet the same was for streets Goods , and to Streets behove , and none compearing , he obtains Decreet of Declarator to that effect ; and now he pursues Bruntfield and Hume for payment of the Sum , who alleadged they cannot be in tuto to pay to any but these who represent Lyel , to whom they were Debitors , and therefore the Pursuer must first Confirm as Executor to Lyel ; and as for the Declarator obtained , it was in absence , and they not called , and whenever the Executors Confirms , they cannot exclude them . The Pursuer answered , that he needed not Confirm as Executor to Lyel , because this Debt , albeit in the name of Lyel , yet was not in bonis of Lyel in so far , as it was the price of the Pursuers Skins , which were in the Custody● and Management of Lyel , but never in his Property , but specially , by Lyels Missive produced , he acknowledges the Receipt of the Skins , and that he had Sold them to these Defenders , that he was to take Bond for them ; which is the same Bond , and in his Compt-book produced , he states himself only Debitor to Street for ten pound Sterling , that he had reserved of his Bond , and not for the whole Sum , which therefore must import that the remainder remainded Streets ; and yet for the further assurance of the Defenders , he offered Caution to warrand them . The Defenders answered , that the Pursuer having intrusted Lyel with the Skins , he had followed Lyels faith , and could not quarrel what Lyel had done with any third Party , so that Lyel taking the Bond in his own Name did alter the Condition of the Affair , and stated himself Debitor to Street , and the Merchants Debitors to him , and as he might have Received payment from the Merchants , and applyed the Sum to his own use , so he might Discharge them , and this sum might have been Arrested , and affected for Lyels Debt , and therefore was in bonis of Lyel , and behoved to be Confirmed , and seing the Defenders cannot be secure , they were not obliged to accept of Caution to put themselves to two Actions . The Pursuer answered , that albeit payment made to Lyel would have been sufficient , as being made bona fide , yet if Lyel had Discharged without payment , his Discharge would not have excluded Street the Pursuer , neither would Arrestments for Lyels Debt have excluded him , especially the same having been posterior to the Missive produced . The Lords Repelled the Defenses , and found the same not to be in bonis of Lyel , nor to be Confirmable as his Goods , but to belong to the Pursuer street ; and seing Street offered Caution to warrand the Defenders , they ordained him to grant the same accordingly . Countess of Dundee contra Mr. Iames Birsbin , Eodem die . THe Countess of Dundee being possest in an Annualrent out of the Maines of Dudhop , Anno 1650. and having consented to the Infeftments of other Creditors in the said Mains , in Anno 1659. she is provided to ten Chalder of Victual out of the said Mains , and to certain other Lands , and the provision bears expresly in satisfaction of the Contract of Marriage , and any prior Infeftments , whereupon she pursues a poinding of the Ground . Compearance is made for Mr. Iames Birsbin , who produces an Infeftment of an Annualrent , in Anno 1648. and offers to prove Possession conform , prior to the Ladies Infeftment in Anno 1659 , whereupon she how pursues , and which Infeftment she has accepted in satisfaction of all that can befall to her by her Husbands Death . The Pursuer answered , that she was infest in an Annualrent out of the Mains in Anno 1650. which doth exclude Birsbin , unless he had attained Possession before that time ; and albeit this Infeftment in Anno 1659. being in satisfaction &c. yet that Right whereby she accepts the same , is not in favours of Birsbin , but of other Rights to whom the Lady consented , and not to Birsbins to which she never consented , and therefore it must be limited to be only in so far as concerns these Rights related therein . Birsbin answered , that be the Motive or Narrative what it would , my Lady having simply and absolutely accepted this Infeftment in satisfaction of her former Infeftments , the former Infeftments were thereby extinct in the same way , as if she had Renunced them simply to my Lord , whence there is jus acquisitum to Birsbin , deriving Right from my Lord. The Lords having considered the last provision , found that albe●t the Narrative related to Rights consented to by my Lady , yet the Dispositive words were absolute , and so did extend to Birsbin . It was also alleadged , that this last security in so far as it bears to be in satisfaction of all others , the acceptance thereof was a Donation betwixt Man and Wife Revockable , and my Lady did now recal it . It was answered , my Lady had Homologat the same after my Lords Death , by pursuing now thereupon , in which it occurred to the Lords , whether my Lady might recal any part of this last provision , and make use of it in so far as it quadrat with the former Infeftments , or whether she might recal it after she had made use of it after her Husbands Death , which not being Debated fully , the Lords did not decide therein . Evart Loyson contra Laird of Ludquharn and Captain Wilson , Iune 15. 1669. CAptain Wilson a Privateer , whereof Ludquharn was Owner , having taken Evart Loyson and his ship , obtained the same to be adjudged Prize by the Admiral , as carrying Flax and Hards , which were Counterband ; which Decreet the Strangers Suspend , and raised Reduction upon these Reasons , that this Ship and Goods belonged to one Clepan in Bruges , the King of Spains Subject , and was declared Prize upon no other ground , but because she carried Tow and Hards , which are not Counterband , but are necessary in some quantity in every Ship for Calsing ; and by the Treaty betwixt the King , and the King of Spain , there is an express Article , that though Counterband be deprehended in Spainish Ships , only the Counterband shall be Prize , and not the Ship and Goods . It was answered , that this alleadgeance was competent , and Omitted before the Admiral . It was answered , that these cases with Strangers are to be Ruled by the Law of Nations , and not by peculiar Statutes and Customs . The Lords reponed the Strangers to their Defenses , as in the first instance , and also allowed the Privateer to insist on any grounds for making of the Ship Prize , which he did not formerly insist on , whereupon the Privateer insisted upon two grounds . First , Because by the Law of Nations , and the Kings Proclamation of War , Allies and Neuters must not make use of the Kings Enemies to sail their Ships , and therefore the Proclamation of War bears expresly , that all Ships shall be seised , bearing any number of Men of the Kings Enemies , and this Ship had the major part of her Company of Hollanders , then the Kings Enemies , as is evident by their own Depositions taken before the Admiral . 2dly , This Ship was not only sailed by Hollanders , but the Ship , or major part thereof , and the Loadning belonged to Hollanders , and any pretext that the same belonged to the King of Spains Subjects is a meer Contrivance , it being most ordinar the time of the War for the Hollanders to Trade under the name and covert of the Flemish , the King of Spains Subjects , which appears in this Case by many evidences . First , Both the Merchant and major part of the sailers , by their own confession are Hollanders , and they have adduced nothing to be a sufficient probation that the whole ship and Goods belonged to Clepan in Bruges ; but on the contrair the Skippers first Testimonie at Linlithgow bears , that this Ship and Goods belongs to Clepan and Revier , which Revier being taken Aboard , acknowledges that he was born in Holland , but says that two or three years before the seisure he dwelt in Gent , and Brussels , under the King of Spain ; and having a Diligence granted to prove his Domicil the time of the War , and Capture , all that he proves , is that in March 1667. he hired a House in Brussels , and began to set up there , and that sometime before he had lived with his Mother in Gent , but proves not how long , or that it was his constant Domicil , for that was an ordinar contrivance for Hollanders to hire Houses in the Spainish Netherlands , and to pretend to be Subjects there , but they being Hollanders at the beginning of the War , concurring , and contributing to the War , albeit they had truely removed tempore belli , they continued to be the Kings Enemies ; much less can their taking a House else where , sufficiently prove that they totally deserted the Hollanders , and concurred not with them in the War , it being easie to have Domicils in diverse places . 2dly , The contrivance is yet more evident , in that the Goods were Shipped by Rivier at Fleck in Holland , and sailing from thence to Copperwil in Norway , and was taken , having no Pass from the King of Spain for this Voyage , but had a pretended Pass from the Duke of York , which albeit it bears relation to the same Ship called Charles the second , yet by the Testimonies of the Witnesses , it is evident to have been granted two years before this Ship was Built , which is an evident cheat ; and for the Pass from the Governour of the Netherlands , it bears but to last for a year , and was expired before this Voyage ; and as for the Pass from the Chamber of Commerce , it was granted for a former Voyage , from Ostend to France , which is clear by the Testimonies , which bear also that there could be no Pass gotten for this Voyage , because this Ship was lying in Fleck , and not in the King of Spains Ports , and so the Loading could not be their lying , and wanted Oath taken thereupon that it belonged not to the Kings Enemies , as is requisite in such Cases . It was answered for the Strangers , to the first ground of Adjudication ▪ that it was no way sufficient . First , Because the King of Spain being an Allie by a perpetual League , his Subjects were not to be regulat by the Kings Proclamations , but by the solemn Treaties betwixt both Kings , which setting down the causes of Seisure , must necessarly import that seisure should be for no other cause then is therein exprest . 2dly , The Articles bear expresly , that any of the Spainish Subjects having a Pass conform to the formula set down in the Articles , should be no further troubled , which formula requires nothing as to what Countrey the Sailers are of , and therefore there can be no seisure upon the account of the Sailers ; for albeit by the Swedish Treaty , the Swedes are allowed to have a Dutch skipper ● 〈◊〉 becoming a sworn Burgess of some Town in Sweden , and he residing there , from whence the Lords have inferred that the Swedes may not sail with Hollanders , and have declared some of them Prize upon that account , yet this cannot be exended to the Spanish Subjects , in whose Treaty there is 〈◊〉 such thing . 3dly , By an Act of the Council of England produced , it appears that his Majesty gave Order that all Flandrian Ships that were taken should be dismist , if there were no other ground of seisure , but that they were sailed by Hollanders , until his Majesty review the Flandrian Concessions , and give further Order , and there is a particular Concession to the Flandrians beside this Treaty , in regard their Language and the Hollanders is one● they should not be seised upon the account of being sailed with Hollanders ; and 〈◊〉 to the other ground , the Passes and Testimonies prove sufficiently that the Goods belong to Clepan in Bruges , and there is but one Testimony of the Skipper , that Revier is Owner , which Testimony was taken at Linlithgow , the Clerk or Interpreter having Interest in the Caper , and the Skippers Testimony being again taken by the Admiral at Leith , says nothing of Revier , and albeit it did he is but one Witness , and any Hollander deserting Holland the time of the War , ceases to be an Enemie , because the King invited such as would desert his Enemies , to come live in England● so that it is both his Majesties Interest and Intention in any way to weake● his Enemies , by causing their Subjects desert them . It was answered for the Privateer , that the Strangers could not pretend Right to the Spainish Treaty , seing they wanted a Pass conform thereto , and that it could not be inferred negative from the Spainish Treaty , that seisures should only be for the Causes therein exprest , there being no such Article in the Treaty , and the Law of Nations , and the Kings Proclamation being the Rule of War the Treaties with Allies do only explain or restrain the same , and gives exceptions from the Rules ▪ for instance the Spainish Treaty makes Counterband not to in●er seasure of the Ship and Goods , which is valide , though a Priviledge derogator to the Law of Nations , but speakes nothing whether the carrying of Enemies Goods shall make the Ship Prize , so that that Priviledge , not being granted by the Articles , the Law of Nations takes place , and the Ship may be declared Prize ; likeas in the case of Overvails Ship Decided in the last Session , all that is there alieadged , being here alleadged , Overvail not instructing any Flandrian Concession to sail with Hollanders , his Ship was Declared Prize upon that same very ground , and the Testimony of the Skipper at Linlithgow is most unsuspect , it being taken before the Skipper was otherwise prompted to Depone , neither had the Clerk any interest , but the most that can be pretended is that he had relation to some of the Owners , which signifies nothing , and the Skipper by his Office , being the person Commissionat by the Owners , who by his Office , may Sell or Burden the Ship , without a special Commission , his Oath makes a full probation against the Owners who Intrusted him , especially here where the Merchant , and most part of the Company by their own confession are Hollanders , which proves sufficiently for the Privateer , unless they instruct that the Ship and Goods belonged to free men , and them only , which they have not done evidently and surely , by all that they have produced , but the Skipper ( who is the main Man to be trusted ) is contrary , therefore it may be , and is presumed to be a Contrivance , to carry on the Trade of de Rivier a Hollander , under the name of Clepa● in Bruges his Brother in Law. The Lords upon the whole matter declared the Ship and Goods Prize , but● found not that the want of a Passe alone was sufficient , neither did they put it to the Vote by it self , whether the sailing by Hollanders alone would have been sufficient , notwithstanding of the Treaty , and the Kings Order , Extracted out of the Council of England , which though it related not to Scotland , some of the Lords thought it was sufficient , unless it did appear that the King had given contrair Order , others thought not , unlesse that Concession could be otherwise showen . Thereafter the Srangers offered to prove positively that there was a Concession , which the Lords would not Sustain , in regard that the last Session , the first of Iune , was given ( before answer ) to prove the Concession , and the Term was now circumduced for not proving thereof . Scot contra Langtoun , Iune 19. 1669. IOhn Graham of Gillesby having Wodset certain Lands to Iames Langtoun , he did thereafter ( with consent of Earl of Annandail Superior ) Eike twelve hundreth Merks to the Reversion , and the Earl Ratified the former Wodset , and Graham with his Consent of new Disponed again the Lands for the Sums in the first Wodset and Eike , and Added some other Clauses , the first Wodset was before the Act between Debitor and Creditor , and by vertue thereof the Wodsetter was in Possession ; the second Wodset was after the said Act , the Superior Consented only to the second wodset , and of the same Date gave a Gift of Grahams Liferent to Robert Scot , whereupon Robert having obtained general Declarator , pursues now special Declarator for the Mails and Duties of the Wodset Lands , as falling under the Liferent of Graham , the Granter of the Wodset . It was alleadged for Langtoun the Wodsetter , that he ought to be preferred to the Donator , not only for the first Wodset , which was constitute before the Rebellion , but for the second Wodset , comprehending the Bike , because the Superior by his Consent to the second Wodset , without any Reservation , had Communicat all Right in his Person ; and consequently the Liferent Escheat of Graham ; the granter of the Wodset , in the same manner as if he had given the Wodsetter a Gift thereof , and so no Gift , no being anterior to the other could prejudge the Wodsetter . It was answered for Scot the Donator , that the alleadgeance is no way Relevant to exclude his Gift , unlesse the Wodsetter could alleadge a Deed Denuding the Superior , anterior to the Pursuers Gift ; but here the Superiors Consent is not anterior , but of the same days Date , and may be posterior , and therefore the Gift which is the habilis modus , must be preferred unto the Superiors Consent to the Wodset , which is but indirect , and consequential to infer the Right , as Liferent , at least both must be conjoined , and have equal Right , as done simul & semel . It was answered for the Wodsetter , that the Superiors Gift must not be preferred to the Consent , though of the same Date , because he was then in Possession of the Wodset Lands , and needed no Declarator , and the Gift is but imperfect , until a general Declarator , which is the Intimation thereof , no Declarator being requisite to the consent of the Superiour to the Wodsetter , and so is preferable . The Lords preferred the Wodsetter . It was further alleadged for the Donator , that the Wodsetter must restrict himself to his Annualrent , and be countable to him for the superplus , seing now he makes an offer to find the Wodsetter Caution , and so he must either quite his Possession , or restrict conform to the Act betwixt Debitor and Creditor . The Wodsetter answered , that his second Wodset bearing , not only a Ratification of the first Wodset in all points , but a Disposition of the same Lands , falls not within that Clause of the said Act of Parliament , which Regulates only Wodsets prior to that Act ; and the new Disposition makes the old Wodset as extinct and innovat . The Donator answered , that there being a jus quaesitum , conform to the Act , as to the former Wodset , the posterior Ratification cannot derogat therefrom , or take it away , unless it had been exprest , and in meritis causa , it was alleadged that the Wodsetter had near the double of his Annualrent . The Lords preferred the Donator as to the Superplus , more nor the Annualrent of the first Wodset , and ordained the Wodsetter to Restrict . The Wodsetter further alleadged , that the Gift was Antidated and Simulate to the Rebels behove , and so accresced to the Wodsetter . Which the Lords Sustained , and found the Simulation probable by the Oath of the Superiour , and the Witnesses insert in the Gift . Hamiltoun of Corse contra Hamiltoun and Viscount of Frendraught . Iune 22. 1669. WIshart of Cowbardie having Wodset his Lands of Bogheads and others , to George Hamiltoun , from whom the Viscount of Frendraught has now Right , he did thereafter sell the same Lands to Iohn Hamiltoun of Corse , who took the Gift of Wisharts Fischeat , and having thereupon obtained general Declarator , pursues now in a special Declarator for the Mails and Duties of the Wodset Lands . Compears George Hamiltoun and the Viscount of Frendraught , and produced the Wodset Right , and alleadged that the Liferent Right cannot reach the VVodset Lands , because the Gift is Simulate to the behove of Wishart the Rebel and common Author , and so is jus supervenient author● , accrescens successori , to defend this VVodset Right , and condescends that it is Simulate , in so far as it is offered to be proven , that Wishart the common Author did allow to the Donator in the price of the Lands , not only the sum whereupon the Horning procceded , but also the Expences of the Gift ; so that it is purchased by the Rebels Means , whence the Law presumes it to be to his behove . It was answered , that this Condescendence cannot infer Simulation to the Rebels behove , because it was lawful to Hamiltoun of Corse , finding that his Right was not secure to fortifie the same by this Gift , and in his account of the price of the Land upon the Warrandice , he might require Retention , not only of the sum in the Horning ; but of his Expenses in necessarly purchasing the Gift , and might apply the same for the Security of the Lands bought from the Rebel only , which is to his own behove : but if he were extending the Gift to other Lands of the Rebels , that might be presumed to the Rebels behove , because the Donator had no anterior interest of his own to these Lands . It was answered , that if the Rebel had given the Mony to purchase the Right , before it was purchased , it would infer unquestionable Simulation ; and it is wholly equivalent , that having then the Rebels Mony in his Hand , the Rebel ex post facte , allowed the Expences of the Gift . 2dly , Albeit such an allowance ex post facto , would not be sufficient , where the Donator acquired the Right to the Lands bona fide , and then ex necessitate , behoved to purchase the Gift to maintain his Right : but here the Donator was in pessima fide , and most unfavourable , because if need beis , it is offered to be proven by his Oath or Writ , that he knew of George Hamiltouns Right , and that the same was compleat before he bought from the common Author , and so is particeps frandi● with his Author , in granting double Rights contrary to Law : and therefore the presumption of Simulation and Fraud , ought to proceed against him upon the more light Evidence . The Lords found the Ground of Simulation not Relevant , upon taking allowance from the Rebel of the price , if it was done for the maintaining of a Right bona fide acquired : but found that it was sufficient to infer Simulation , if the Right was mala fide acquired ; and that the Donator , at , or before he bought the Land , knew of the other Parties Right . Pearson of Balmadies contra The Town of Montross . Iune 23. 1669. PEarson of Balmadies being Collector of two of ten , and the sixteen penny imposed by Parliament anno 1633. and the Magistrates of the Town of Montross , having Written a Letter to him , promising Compt and Payment in anno 1637. Some few dayes after the Letter , he made Compt with Orbistoun , general Collector , and Charged himself with the whole Taxation of Montross , as received . And in anno 1654. obtains a Decreet against the then Magistrates , holding them as confest upon the quantities of Taxation of their Burgh . They now Suspend on this Reason , that the Decreet was in absence , and the Magistrates only holden as confest , and they are now content to Depone , that they never had any Stent Roll of the said Taxation ; and by the Chargers Compt produced , he acknowledges the proportion of Montross received . And further alleadges , that there being neither Warrand from King nor Parliament , there should be no Charge or Pursuit Sustained for these old Taxations , especially of Mony , where the most part of the Monyed Persons lyable then , are now insolvent ; and the Town cannot get their Relief . But as for the Land Taxation , the King has given Warrand to lift it , and it is still secure , being debitum fundi . The Charger answered , that he being neighbour to the Town , did upon their desire , delay to distress them , and held Compt for them , as appears by their Letters produced : and therefore it will not infer that Charges may be used upon the Act of Parliament only , unless Parties had given Writ therefore , and the Magistrates were obliged by the Act of Parliament , to have uplifted the Taxation debito tempore , and payed it to the Collectors ; and it must be presumed they did so , or if they did not , it was their fault , in the Discussing of this Cause . It occurred to the Lords , that this Taxation not being imposed upon the Towns Common-good , but upon the Inhabitants severally , for their Mony , and that the Magistrates were not countable to the Town for the Taxation of Mony , nor were they lyable for their Magistrates , who had not this power of Collection by their Office , but by the Commission of Parliament therefore . The Lords found the Town and present Magistrates not lyable , but prejudice to the Pursuer to insist aganist the then Magistrates , their Heirs and Executors . Robert Fairie contra Iames Inglis . Eodem die . RObert Fairie having Charged Iames Inglis younger of Mordistoun for 1000. merks due by Bond , he did Suspend and raised Reduction upon Minority , Lesion and Circumvention , Litiscontestation was made upon the Reason of Minority , and the Term was Circumduced ; and he Decerned . He Suspends again , and insists upon the second Reason of Reduction , upon Circumvention , and qualified it thus , That albeit the Bond bear , borrowed Money , yet he offers to prove by Fairies Oath , that the true Cause was the Boot between a Horse and a Mare interchanged betwixt the Parties : and albeit the Suspender gave as good as he got , yet he was induced to give this Bond of 1000. merks to Boot , so that he is lesed ultra dimidium justi pretij , which in Law is a sufficient Ground alone to dissolve the Bargain , and restore either Party , actione redibitoria & quanti minoris : and next in so gross inequality , ex re praesumitur dolus . The Charger answered , that the Reason is no way Relevant , because our Law and Custom acknowledges not that Ground of the Civil Law , of annulling Bargains , made without Cheat or Fraud upon the inequality of the Price ; neither can there be any Fraud inferred , upon the account of the Price of an Horse , which is not quantitas but corpus , and has not a common Rate , but is regulat secundum praetium affectionis , and now the Horse and the Mare not being to be shown in the condition they were in ; the Suspender cannot recal the Bargain . 2dly , The Reason ought to be Repelled , because by a Ticket apart with the same Date of the Bond , the Suspender declares upon his Soul and Conscience , that he should never Impugn the Bond ; and thereafter by his second Bond produced , he Ratifies the same , and passes from any Revocation thereof , or quarrel against the same . The Suspender answered , that he was content to refer to the Chargers own Oath , whether in the Chargers own esteem of the Rate , the Suspender was not lesed above the half : and as for the two Tickets , the first was obtained when he was Minor , and both laborant eodem vitio , the inequality still remaining without satisfaction . The Lords in respect of the Tickets , and Ratification after Majority , and that there was no Fraud or Deceit qualified , they repelled the Reasons and Decerned . Fairie contra Inglis . Iune 24. 1669. AT the Reporting of the former Interlocutor yesterday , Fairie against Inglis . It was further alleadged for Inglis , that he offered him to prove by Fairies Oath , that he was Circumveened , in granting of the Ratification , because Fairie upon that same Design drank him drunk . Which Alleadgance the Lords Repelled in respect of the Bond and first Ticket , wherein he Declared upon his Soul and Conscience never to come in the contrary . Steuart of Gairntilly contra Sir William Steuart Eodem die . SIr William Steuart having granted a Bond upon thir Terms , that whereas he had obtained Disposition of the Lands of Innernytie , partly by his Fathers Means , and partly by his own , and partly for granting the Bond underwritten ; and therefore he obliges himself to Infeft Iean Steuart his Sister and the Heirs of her Body , which failzying , ocertain Persons Substitute , his Brethren and Nephews , and a part of it t● return to himself , and obliges himself to pay the Annualrent yearly to the said Iean , and the Heirs of her Body , and other Heirs of Tailzie foresaid , during the not Redemption of the said Annualrent , then there is insert a Reversion of the Annualrent , from the said Jean and her foresaids , by the said Sir William upon the payment of 20000. Merks , and then a Clause of Requisition , that if Jean after her Marriage desire the Money , she or her foresaids might require the same to be paid after her Fathers Death , and then a Clause that the said sum of 20000. should not be payable till five years after her Fathers Death , and after her own Marriage . The said Jean Assigns this Bond to her Brother Sir Thomas , and he Charges Sir William , who , and some of the other Substitutes Suspends on these Reasons : First , That by the Conception of the Bond , it was clear the principal Sum was not payable till Jeans Marriage , and she being Dead unmarried , is not now payable at all , whereupon the Charger insisted for the bygone Annualrents , and for granting an Infeftment of annualrent to him as Assigney , conform to the Bond : The Suspenders Reasons against the annualrent , were first , That this being an annualrent accessory to a principal Sum , ablato principali tollitur accessorium , so that the principal Sum being now not due to any by Ieans Death , Dying unmarried , the annualrent also must cease from her Death . 2dly , The annualrent is conceived payable to Iean and her Heirs ▪ but no mention of Assigneys . 3dly , Albeit ordinarly in such Obligations or Infeftments following thereon , the first Person is Feear , and the Substitutes are but Heirs , who cannot come against the Feears Deed by Assignation , or otherwayes ; yet where the Obligation is gratuitous , and proceeds not upon sums of Mony belonging to the Creditor : but upon the free Gift of a Parent bestowing the Sum , there the Substitution implys a Substitution and Obligation upon the first Person , and the Heirs of their Body , to do no voluntar Deed to evacuat the Substitution ; so that albeit a Creditor or Successor , for a Cause onerous , might exclude the Substitutes ; yet another Heir appointed by the first person or a Donator , or gratuitous Assigney cannot evacuat the Tailzie , and exclude the Substitutes , because in such Contracts , uberrima fidei , the mind of the Party who Gifted , and freely granted the sum , is chiefly to be considered : so that it cannot be thought to be old Gairntillies mind , that his Daughter might Change the Substitution , and elude the Conditions of the Bond , for the Suspending of the Requisition of the principal Sum , till Iean were married , must import that his meaning was , to give her the Annualrent only till that time , and the principal Sum to be a Tocher if she married , which was to no purpose , if the Annualrent remained perpetual ; for then the Heretor would certainly Redeem to purge his Land , as he had done , and the Sums Consigned would belong to the Assigney , and the Clause Suspending the payment thereof , if Iean married not , signified nothing , sed verba sumenda sunt cum effectu ; and the meaning of the Parties , and conception of the Condition Suspensive must be preserved . The Charger answered , that he opponed the Bond , wherein , without all question Jean was Feear , and the Substitutes being the Heirs of Tailzie , cannot quarrel her Deed , but are bound as Representing her to fulfil the same ; and albeit Ieans Assigneys be not exprest , yet they are ever included , where they are not expresly excluded ; neither is this Annualrent stated as a meer accessory , because the Requisition of the principal Sum may be Discharged , or may become by the Suspensive Clause ineffectual , as now it does ; and yet the Obligement or Infeftment of Annualrent remains a perpetual Right , though Redeemable at the Debitors option ; neither is there by Law or Custom any difference or exception , whether the Annualrent be gratuitous , or for a Cause onerous : and for the meaning of the Father , procurer of the Bond , it must be understood as it is exprest , only to exclude the lifting of the principal Sum by Iean , upon the Clause of Requisition , if she were not married : and if his mind had been otherways , it had been easie to have adjected a restrictive Clause , or in stead of the Substitution , to have set down a Provision , that if Iean died unmarried , the annualrent should belong to her Brothers and Sisters nominat : but this being an ordinar single Substitution , hath neither expresly nor implicitely any Condition or Obligation upon the Feear , not to Dispone . The Lords Repelled the Reasons of Suspension , and found Iean to be Feear of the Annualrent , and that she might assign the same , and that the Substitutes could not quarrel the same . Kennedy and Muir contra Iaffray . Eodem die . MR. Iohn Iaffray being presented to the Parsonage and Viccarage , Teinds of Maybol , and having obtained Decreet conform , there is a double Poinding raised by the Heretors and Possessors of Fishartoun : Mr. Iohn Iaffray craves preference as Parson , and so having Right to the whole Benefice : the other party called is Grange Kennedy , and Muire of Mank-wood , who craved preference on this Ground , that the Teinds of Maybol was of old , a part of the Patrimony of the Nunry of North-Berwick , and the Prioress for the time , with the consent of one Nune , who was then only alive , set a Tack thereof , to Thomas Kennedy of Bargany , and Gilbert Kennedy his Son , and to Gilberts first Heir , and after all their Deaths for three nineteen years : The Prioress having thereafter , at the Kings Desire , Resigned the Teinds of Maybol to be a Parsonage , did in her Resignation , except the Tack set to Barganie , which was alwayes cled with Possession , and was assigned to David Kennedy of Ballimore , and Transferred to Mr. Iohn Hutcheson , and by him to Kennedy and Muir , as to the Teinds of Fishartoun , whereupon they crave preference . It was answered for Iaffray , that by their Right produced , there is related another Tack granted by Mr. James Bonar , Parson of Maybol for the time , to the Lord Ochiltrie , which came by progress in the Person of Ballimore , having then in his Person , Barganies Tack , so that Ballimores taking that Right , acknowledges the Parsons Right , and passes from his former Tack , unless in his Right he had expresly reserved his former Tack ; so that neither Ballimore nor these Assigneys can now make use of Barganies Tack , it being a certain Ground , that the taking of a posterior Tack , having a greater Tack Duty , or a shorter Term evacuats a prior Tack in that same Person . It was answered , that the alleadgance is no wayes Relevant , Ballimore not having immediatly taken a second Tack , but only finding another Tack by progress in the Person of the Lord Binnie , to remove that impediment , and shun his trouble , he purchased Right thereto , but never brooked thereby . The Lords found that the taking Right to another Tack , did not infer a passing from the former Tack , unless it were proven , that the posterior Tack had a greater Duty , or shorter durance , and that Ballimore had paid the said greater Duty to Bonar , or bruiked expresly by the later Tack . June 29. 1669. CAptain having taken at Sea , obtained him to be declared Pryze , upon this ground , that he carried Clapboard , which is expresly mentioned as Counterband in the Commission of the Admiral of Scotland , given to the Caper , and was the same Stile with the Commission Recorded in the Books of Admirality , given in the time of War , in the year 1628. The Strangers raised Reduction of the Admirals Decreet , on this Reason , that Clapboard being a general Name , comprehending many kinds of Boards , that Clapboard could be only understood Counterband , which had not a promiscuous use in Peace and War , but was instrumentum bellicum , carried by the Kings Allies to his Enemies , to be Sold to them for assisting of the War , which this Loading could not be , because it consisted all of Knappel , cutted all at three Foot and an half length , the proper use whereof is for Barrelis , and is no wayes instrumentum bellicum . The Lords having given Commission to some of their number to visite the Knappel , and to Examine Sea-wrights , whereupon they did Examine a number , whether this Timber in question was useful for War or Shipping , and most Deponed , that it was not , and some Deponed , that it might be made use of to be Pins or Tubs ; but that it was not ordinarly made use of for Shipping , but common Oak , which was far cheaper . The Lords did also before answer , ordain either Party to adduce such Testificats and Evidences , as they could from the Admiralties of Neighbouring Nations , what was the Custom of Nations , whether upon such Timber as this , the Ships of Neuters or Allies were made Prize . The strangers produced several Testificats ▪ one from the Custom-House of Amsterdame , bearing , that such Timber was not accounted Counterband in Holland , and one from the Spanish Admiralty at Ostend , bearing , that they knew not that by their Custom , and the Custom of other Admiralties such Timber was Counterband , one from a Deputy , who served in the French Admiralty at Dunkirk , declaring that in that Admiralty , such Timber was not accounted Counterband ; one from the Kings Auctorney , and another Lawer , who served in the Court of Admiralty of England , bearing , that during the War , none had been declared Prize upon that account . The Privateer produced no Testificats , but alleadged that there ought no respect to be had to the Testificats produced , it being easie to impetrat such , and there should a Commission been direct by the Lords , to the several Chief Admiralties of the Neighbouring Nations , to express what was their Custom in this Point . Notwithstanding the Lords found the Ship Prize , as carrying this Clapboard , being contained in the Admirals Commission , a great part of the most able of the Lords being of the contrary Judgement . Earl of Argile contra His Vassals . Iune 30. 1669. THe Earl of Argile being Donator to the Forefaulture of the late Marquess of Argile , his Father , Pursues an Improbation of the Vassals Rights , and craved Certification . The Vassals alleadged no Certification against their Rights , because any Right the Earl had was qualified by the Kings Gift , that he should only have Lands paying 15000. pounds , and that the rest should be conveyed to the Creditors , and the Creditors thereupon claiming the Property of the Vassals , as falling within the Forefaulture , His Majesty Wrot a Letter , Declaring that it was not His meaning by the Gift , that the Creditors should have any more Lands conveyed to them then the remainder of the Property belonging to the late Marquess , over and above this Earls part , and that the Superiority should entirely belong to the Earl and his Successors , by which His Majesties Mind and Pleasure is evident , that the Earl should only have the Superiority , and not the Property of the Vassals . 2dly , The Vassals offered to produce what Rights they had flowing from the House of Argile , but there could be no Certification , as to what they had not , in respect of the Troubles , especially no Certification , for want of Confirmation of the Vassals Rights by the King , because several of the Vassals continued Loyal to His Majesty , during all the Troubles , and some of them losed their lives in His Service , opposing the said late Marquess himself : So that it can never be thought to be His Majesties purpose or pleasure , so to restore this Earl the Marquess Heir appearand , as thereby to Forefault the Vassals , who adhered to His Majesty , and who durst not in time of these Troubles have fought Confirmations , His Majesties Exchequer being then in the manadgement of these who were in opposition to Him. It was answered for the Pursuer to the first , that neither by the Pursuers Gift from His Majesty , nor by the foresaid Letter , there is nothing granted to the Vassals in opposition to the Earls Right , but in opposition to the Creditors , that they should have no hand in the Vassals Estates . Likeas , His Majesty by His last Ratification and Charter under the Great Seal produced , hath most distinctly and clearly exprest His meaning and pleasure , that by the foresaid Gift or Letter , His Majesty did only Exclude the Creditors from the Estates of the Vassals , but thereby Declares , that not only the Superiority and Casualities thereof should belong to the Earl , but the Property of all these who had not sufficient Rights from the House of Argile , and Confirmations from the King , and that the Earl might Intent all Actions competent of Law , for that effect . It was answered for the Vassals , that if their true condition and adherence to His Majesty , had been understood His Majesty would not so have Declared , and that post jus quaesitum to them by the Kings Gift and Letter , no posterior ▪ Declaration impetrat from His Majesty , should prejudge them , at the least , they humbly craved that the Lords according to their former Interlocutor , would Represent the Case to His Majesty , that His Pleasure might be known , and that His Majesty might interpose with my Lord Argile , not to insist against the Vassals , who had been Loyal . It was answered for the Earl , that he had given no just grounds to his Vassals to expect , that though they were in his power , that he would destroy them , and annul their Rights : and seing His Majesty had fully and absolutely entrusted them to him , they ought to have rested upon His Kindness and Generosity , and not to have made all this Clamour , where they have no Legal Defense , it being no strange nor new thing , for the King to give Gifts of Forefaulture without any Reservation of Vassals , who had no Confirmation from the King , yea many times without any Reservation of the Forefault Persons Debt , and His Majesty has lately so done to the Marquess of Huntly , to whom he gave the Estate of Huntly , without Reservation , either to Vassals or Creditors , and that upon the Forfaulture of the Marquess of Argile , who had Right to , and was in Possession of the Estate of Huntly for vast sums of Mony , and the Earl of Argile has the Gift of the remainder of his Fathers Estate , with the burden of more Debt , then the proper Debt of the House of Argile would have been , over and above the Debts undertaken for the House of Huntly . 2dly , Whatever the Vassals might plead in Point of Favour : yet they do not pretend to a Defense in Law. And the Lords being Judges of the Law , ought not to stop the Course thereof , upon the Insinuations of any Party ; otherwayes they may deny the Course of Law to any of the Leidges , when they please , upon the account that they think the Law hard , or rigorous , or the Kings grants made conform thereto ; and whatsoever the Lords might do in the dubious Interpretation of a Treaty of Peace , to know the Kings meaning ; yet in claris ●on est locus conjecturis , nothing can be clearer then the Kings meaning , under His Great Seal , and all the Defenders can pretend , is Favour , which is no Point of Right , nor legal Defense . The Lords granted Certification e●n●ra non producta , conditionally , that what the Vassals should produce betwixt and the tenth of November , should be received ; and left it to the Vassals in the mean time , if they thought fit to make Address to the King , that he might interpose with the Earl in their Favours , or to Debate any thing they thought fit , when the Earl insisted for Reduction of their Rights , for want of Confirmations , or for Mails and Duties . Agnew contra Tennents of Dronlaw . Eodem die . AGnem having Appryzed the Lands of Dronlaw from Mr. Robert Hay Advocat , as Cautioner for the Earl of Buchan , to the behove of the Earl of Kinghorn , pursues the Tennents for Removing , who alleadged Absolviture , because the Tennents were Tennents by payment of Mail and Duty to the Liferenter , Mr. Robert Hayes Mother , and she is not warned nor called . The Pursuer answered , that the Liferenter dyed before the Term , and that he was content , that the Tennents should be Decerned to Remove but at the next Term of Whitsonday . Yet the Lords Sustained the Defense , seing the Liferenter was living the time of the Warning . Farquhar contra Magistr●tes of Elgin . Iuly 2. 1669. FArquhar having caused a Messenger Charge the Magistrates of Elgin to take my Lord Lovat , and the Baillies being together upon the Street , about eight or nine a Clock in the Morning , the Messenger , with several other Persons present , Charged them to go into an House near by , which they designed to them , and to take Lovat , being then in Bed , and the Messenger offered to go with them , and enter first , yet the Bailies did not obey , but said they would go at their conveniency , when they had conveened their Neighbours to assist ; there is an Execution , and Instrument upon the back of the Caption , to the effect foresaid produced ; whereupon Farquhar pursues the Magistrates for Payment of the Debt contained in the Caption . The Defenders alleadged Absolviture : First , Because they were no further obliged but to conveen the Neighbours of the Town , and send them with the Messenger to assist , which they offered to do . 2dly , Albeit themselves were obliged to take the Rebel if he were showen to them within their Jurisdiction , yet they were not obliged to search every House of the Town for him , or to enter within closle Doors . 3dly , The Lord Lovat being known to be a fierce young Man , who ordinarly had a Minzie attending him , they were not obliged to adventure upon him , without calling the assistance of their Neighbours , which they did within an hour or two thereafter , and he was gone . The Lords Repelled all these Defenses , in respect of the Execution and instrument produced , and found the Magistrats , being Charged , obliged to take the Rebel , and without delay to search any House within the Town that was particularly shown to them , unless they had been Repulsed by Force , or the Doors by Violence keeped closse against them by the Master of the House , and ordained the Pursuers to adduce the Witnesses in the Instrument , and others to prove the particulars foresaid , to have been so done as is therein exprest . Bow contra Campbel , Eodem die . BOw Stabler in Edinburgh as Assigney to a Sum of Money due by Glenurchy , and also as Donotar to the Escheat of his Cedent , being called in a double Poinding , and competing ; the Donator alleadged he ought to be preferred to the Arrefter , because the Debt in question falling in his Cedents Escheat , he had taken the Gift of the Escheat , bearing expresly all Goods the Rebel had , or should acquire , and this Debt . being acquired , after the Gift did accresce to him , the Rebel not being yet Relaxed . It was answered , that though the stile of the Gift bear all Goods to be acquired , yet that is always interpret such as happen to be acquired within year and day after the Horning . It was answered for the Donatar , that he oppones the Tenor of his Gift , and if any limitation could be thereof , it could only be of Sums to be acquired within a year after the Gift , and not within a year after the Horning , because sometimes Gifts are not taken within a year of the Horning . The Lords found the Gift to extend to the Sum in question , being acquired by the Rebel within a year after the Gift , and that the general Clause of Goods to be acquired , did extend no further then to Goods acquired within a year after the Gift . Laird of Grubbet contra More , Eodem die . THe Barony of Lintoun belonging to Sir Iohn Ker of Litledean , the Lands of Morbatle and Otterburn are parts thereof ; there is a piece of Land called Greenlaw , lying in the borders of Morbatle and Otterburn , and there is an Heretable Right of the Lands of Otterburn granted by Sir Iohn Ker to one Young , and by that Young a subaltern Right to another Young , bearing the Lands of Greenlaw per expressum , both these Young's joyntly Dispone to Grubbet the Lands of Otterburn , with the Pertinents , comprehending the Lands of Raschbogs ; in the end of which Disposition there is a Clause , bearing that because the Young's were kindly Tennents in the Lands of Greenlaw , therefore they Dispone their Right thereof , and kindlynesse thereto , to Grubbet , More having acquired the Rights of the Lands of Morbatle from Sir Iohn Ker ; and the Earl of Louthian having Apprized Sir Iohn's Right of the Barony of Lintoun , in Anno 1636. gives a particular Right of Greenlaw alone , which is now also in the Person of More , whereupon arises a Competition of Right between Grubbet and More , Grubbet alleadged that he has Right to Greenlaw , as a Part and Pertinent of Otterburn , which he and the Young's his Authors have Possest far beyond 40. years , as Part and Pertinent of Otterburn , and offers to prove that there is standing Marches between Morbatle and Otterburn , within which Marches , Greenlaw lyes on Otterburn side , and that his Infeftment produced granted by Young to Young , bears expresly Greenlaw . It was alleadged for More , First , that Grubbet cannot pretend Greenlaw to be Part and Pertinent of Otterburn , because by his own Infeftments produced , granted by the Young's , and accepted by him , Greenlaw is not exprest as Part and Pertinent of Otterburn , albeit Raschbog tho lesse considerable then it , be exprest , and on the contrair , it is declared that the Young's were kindly Tennents of Greenlaw , and Disponed their kindness thereof ; aud offers to prove that the Young's were in constant custom of Service to Sir Iohn Ker in Armes and otherways whenever they were required , and that most of the Lands on the border were Set only for Service , which Service could not be attribute to Otterburn , because it was holden blench of Sir Iohn , and if need be 's , offered to prove by Witnesses , that when the said Young's came not to the said Service they were poinded therefore . 2dly , More offered to prove that Greenlaw is a distinct Tenement , both from Otterburn and Morbatle , and hath past as a distinct Tenement since the year 1636. and hath a known March between it and Otterburn , viz. a Know. 3dly , For Grubbets pretence of bruiking Greenlaw as Part and Pertinent of Otterburn for 40. years , so that he might claim it by Prescription , the alleadgeance ought to be Repelled , first because Prescription cannot proceed without an Infeftmen , and it cannot be ascribed to the Young's Infeftment , wherein they acknowledge that they were kindly Tennents of Greenlaw , after which no course of time can ever prescribe a Right to Greenlaw , as part and Pertinent of Otterburn by that Charter , and therefore any Possession that is thereof is without Infeftment . 2dly , There is not fourty years Possession , abating Mores Minority . 3dly , There are interruptions , and therefore if Greenlaw be either a distinct Tenement , or part of Morbatle , it belongs to More . It was answered for Grubbet , that he and his Authors Possessing Greenlaw these 40 years past , as part of Otterburn gives him sufficient Right thereunto , notwithstanding of any acknowledgement in the Charter , or without the Charter before that time , for Prescription may change Part and Pertinents , so that which was once not acknowledged to be a part by Possession , 40 years thereafter may become a part , and that acknowledgement never being made use of Prescribes and the Charter in which it is , is a sufficient Title , both for what was parts the time of the Charter , and what becomes thereafter parts by Prescription . 2dly , The acknowledgement of a Party having Right is of no effect , when by demonstration of the Right it self the contrair appears , as here , therebeing an anterior Right of Property of the Young's produced before that acknowledgement . 3dly , The ackowledgement is not , that they were only kindly Tennents , otherwise it is very well consistent with the Property , that they being first kindly Tennents , and that kindliness being thought more favourable to maintain Possession in these places , then any Heretable Right , they might very well Dispone Otterburn , whereof Greenlaw is a part , and might also Dispone their kindness of Greenlaw they had before the Right of Property ; neither doth it infer , because Raschbog is exprest as Pertinent of Otterburn , which hath been upon account that Raschbog was then unclear , that therefore Greenlaw is no Part thereof , or else it could have no more parts but Raschhog , there being no more exprest ; and as for the alleadged Services done by the Young's to Sir Iohn Ker , they cannot infer that the Young's were then Tennents of Greenlaw , because such Services being only general , and no particular Services accustomed by Tennents , they might have been performed to Sir Iohn as Superior , or as out of kindness to a great Man in the Countrey , and it s offered to be proven ( if need be 's ) that hundreds granted such Services , who were not Tennents , so that unless there were a Tack , Inrolments of Court , or Executions of Poinding produced to instruct Services as a Tack-duty on Greenlaw , it is Irrelevant . The Lords by a former Interlocutor had found that by the acknowlegement in Young's Charter , or any thing therein was not sufficient to exclude Greenlaw from being Part and Pertinent of Otterburn , but they found that is More would alleadge a Tack , or Inrolment of Court , to the Young's of Services for Greenlaw , it were sufficient , or otherwise if he would alleadge constant Service of the Young's , by Riding &c. with Sir Iohn , and there being Poinded by him , when they were absent , they found the same with the acknowledgement in Grubbets Right to exclude Grubbet from Greenlaw , and if these were not alleadged , they ordained Witnesses to be Examined upon the ground hinc inde before answer , upon these points , whether Greenlaw was known to be a distinct Tennement , both from Otterburn and Marbotle , or whether it was known to be Part and Pertinent of either , and what were the Marches and Meithes thereof , and what Services were done by the Young's to Sir Iohn Ker , and if such Services were done by others , not being moveable Tennents . Barclay contra Barclay , Iuly 6. 1669. BArclay of Towy having but one Daughter , and his Estate Tailzied to Heirs-male , his nearest Heir-male being the old Tutor of Towy , above 80. years of Age , and having also but one Daughter , and neither Father nor Daughter being Persons of much discretion , Captain Barclay his next Heir-male having also but Daughters , he Dispones his Estate in favours of his own Daughter ; and it being rumored that Captain Barclay pretended a Bond of an hundreth and three thousand Pounds , granted by Towy to him , that thereby he might prefer him to the Tutor , and that the Tutor as Heir-male , had also granted several Dispositions to Captain Barclay of that Estate : Towies Daughter being an Infant , her friends did also procure a Disposition from the Tutor to her , and she pursues a Reduction and Improbation against Captain Barclay of the foresaid Bond , and Dispositions made to him , he Compears , and produces a late Disposition made by the Tutor , and alleadges that he had the Bond foresaid , and two Dispositions from the Tutor , anterior to this produced , but that a Person to whom he had entrusted them , had carried them away , but there being produced in the Process attested doubles of the former Dispositions , under the hands of Nottars . The Pursuer craved , that seing the Witnesses alleadged insert might die , and the Captain of purpose keeped up the Principals , that the Witnesses might be Examined upon what they know of the Truth , or Forgery of the saids Dispositions . Which the Lords granted , the Fame , and suspition of the Forgery being so great , though ordinarly they do not Examine Witnesses upon the Forgery of a Writ , till the principal be produced , that the Witnesses may see their Subscriptions , whereupon Steel one of the Witnesses compeared , and Deponed , acknowledging the Forgery , and the way of contrivance of it , in which the Captain made use of him , whereupon the Lords proceeded to Examine the Tutor , who stifly stood to the verity of the Dispositions , as being truly Subscribed by him , but differed in the Date , and in the persons who were Witnesses to the Subscription : The Captains Son in law being also Examined , whether or not the Captain had employed him to corrupt the Witnesses , and if he had written any Letter to him , to that purpose produced a Letter , mentioning some things by word which he should diligently go about , and being asked who the Bearer was , Deponed that he was Robert Ogilvy the Tutors Servant , who being in the House , and presently called to the Bar , upon Oath being interrogat , whether he had brought North any Letter from the Captain to his Good-son , Deponed that he had brought no Letter from him to his Good-son , or any other , and thereafter the Letter being showen him , and confronted with the Captains Good-son , he Deponed that he did bring that Paper , and delivered it to the Captains Wife , but he thought it was an order , not being Sealed , and being interrogat whether he had any Message in word from the Captain to his Good-son , Deponed he had none , and upon reading of the Letter , bearing the contrair , and confronting with the Captains Good-son , he acknowledged that he had order to cause his Good-son bring over the Witnesses to Edinburgh ; and the Captains Good-son further acknowledged that Ogilvy had desired him to deall with the Witnesses , to stand to the Truth of the Writs , he stifly denyed that point . The Lords having considered his grosse Prevarication , and contradictory Oath , ordained him to be put in the Irons , and the next day to stand in the Pillary betwixt ten and twelve , and a Paper on his Brow to declare the Cause , and did declare him infamous , and appointed him to continue in Prison till further Order . Mr. William Kintor contra the Heirs and Successors of Logan of Coat-field . Iuly 9. 1669. LOgan of Coat-field having become Cautioner for the Tutor of Burncastle , an Inhibition used upon the act of Caution , Mr. William Kintor having Right by Progress from Burncastle , obtained Decreet against the Representatives of the Tutor , and of Coat-field the Cautioner , for payment of the Annualrent of 10000 , pounds , due to the Pupil by the Marquess of Hamiltoun , and the like Sum due by the Earl of Bucclengh , in respect that the Tutor was obliged to have uplifted these Annualrents , and to have employed them for Annualrent , and thereupon pursues a Reduction of the Rights granted by the Tutors Cautioner , as being granted after the Cautioner was Inhibited , these Acquirers raise a Reduction of Mr. Williams Decreet , and repeat the Reasons by way of Defense , alleadging that the Tutor nor his Cautioner were not obliged for the Annualrents due by the Marquess of Hamiltoun and Earl of Buccleugh , because they were in responsal Hands , and the Pupil had no Damnage , for it was free for the Tutor to uplift the Annualrents of Pupils Money , when secure , at any time during the Pupillarity , but here they offer to prove the Tutor Died durante tutela , and so was not lyable when he Died , to uplift these secure Annualrents , or to have employed them . The Pursuer answered ▪ that the Lords had already found at the same Pursuers Instance against Iohn Boyd , that the Tutor was lyable for Annualrent , not only pro intromissis , but pro omissis , and for the Annualrent of the Pupils Annuals a finita tutela , which is finished , either by ending the Pupillarity , or the Death or Removal of the Tutor . It was answered , that the Lords Interlocutor was only in the case that the Tutory had been finished in the ordinar way by the Age of the Pupil , for that way of ending thereof , could only been foreknowen by the Tutor , that within the same he might lift the Pupils Annuals , and give them out on Annualrent , but he could not foresee his own Death , but might justly think he had time before the expiring of his Tutory , to lift and employ , and so the Tutor not having failed in his Duty , his Cautioner is free . It was answered , First , That by the Lords dayly Practique Tutors are lyable for the Annualrents of Rents , of and within a year after the Rents are due , and there being so much parity of Reason in Annualrents , it cannot be thought just that the Tutor was not obliged to lift them till the end of his Tutory , for albeit he might have keeped them in his Hands unemployed , and only to leave them employed at the ish of his Tutory , yet he was obliged to uplift them , and if by any accident , as being preveened by Death , he did not employ them , that accident should be on his peril , not the innocent Pupils . 2dly , If need beis , the Pursuer offers to prove the Annualrents were uplifted by the Tutor , and so these that Represent him , and his Cautioners , are lyable for Annualrent therefore , at least from the Death of the Tutor . The Lords found that the Tutor was neither obliged to lift , nor give out on Annual the Annualrents of his Pupil , if the Debitors were Responsal , but only once betwixt and the end of the Pupillarity ; and if he Died betwixt and the end of the Tutory , he was free both of the Annual and Annualrents thereof , but if he did actually uplift the Annalrents , they found that it was sufficient to employ them any time before the Tutory ended , and found that his Heir was lyable for Annualrent , not from the Tutors Death , but from the end of the Pupillarity , and that he could be no further lyable then the Tutor , if he had lived , in respect that subsequent Tutors were obliged to lift these Annualrents from the former Tutors Heirs , and employ them . This was stoped to be further heard . Garner contra Colvin , Iuly 10. 1669. JAmes Colvin having Apprized the Lands of Lady-kirk , and some Tenements in Air , and being Infeft therein ; Garners Wife and Bairns raise a Reduction , and alleadge that the Apprizers Right is null , as to the Tenements in Air , because Iohn Garner had never Right thereto , but the Right was Originally granted to young Iohn Garner the Pursuer , by his Mother Brother . The Defender answered . that the said Right must be affected with his Apprizing , as if it had been in the Fathers Person , because young Garner was then an Infant in his Fathers Family ; and albeit the Right be granted by his Uncle , yet it is necessarly inferred to be Acquired by the Fathers Means , because it bears not for Love and Favour , but for Sums of Money , and the Uncle had Bairns of his own . It was answered , that albeit the Right had been Acquired by the Fathers Means , yet its anterior to the Apprizing , and Sums on which it proceeds , whereupon nothing can be taken away but what is posterior thereto , albeit there were a Declarator and Reduction intented for that purpose , as there is none . The Lords Sustained the alleadgeance , and Reduced the Apprizing as to these Tenements . 2dly , The Pursuer alleadges the Apprizing ( as to Lady-kirk ) must be Reduced , because the Pursuers produce a prior Infeftment granted by Iohn Garner to his Wife in Liferent , and his Bairns in Fee. it was answered , that the said Infeftment was base , never cled with Possession . The Pursuers Replyed , that the Fathers Liferent not being Reserved , the continuation of Possession was as lawful Administrator to the Pursuers Bairns , and if need be 's its offered to be proven he had a Factory from them . The Defender answered , that a Fathers Possession being continued , was never found to validate a base Infeftment granted to his Children , albeit his Liferent were expresly Reserved , but it s ever accounted a latent fraudulent Deed , and a Factory can be of no more force then a Reservation , otherwise it were impossible to obviat fraudulent conveyances betwixt Fathers and Children . The Pursuer answered , that albeit such Reservations are not valide in Rights freely granted by Fathers , yet it meets not this case , especially where there was an anterior Onerous Cause , Iohn Garner being obliged by his Contract of Marriage , that what Lands he should Acquire , should be to his Wife in Liferent , and to the Bairns of the Marriage . The Lords found that the Bairns Infeftment granted by their Father , albeit he had Possest by a Factory from them , was not cled with Possession , or sufficient to exclude a posterior publick Infeftment , and that the Clause in the Contract was but to substitute the Children Heirs to their Father in the Conquest . Here it was not alleadged that the Factory was made publick by Process founded at the Fathers Instance , or otherwise in this Process . The Defender to satisfie the Production of an Assignation , upon which the Apprizing proceeded , which the Pursuers offered to improve as false in the Date , and the Defender now produced another Assignation of the same Date , and declared he abade by the same as of that Date , and that it being a missing , he had caused the Cedent to Subscribe another of the same Date with the first , which did expresly bear Reservation of another Assignation formerly Subscribed , which he did also bide be as truly Subscribed , but not of the Date it bears , but of the Date of the true Assignation insert therein . The Lords Sustained the Assignation now last produced , and did not quarrel the other Assignation , though another Date was insert , then when it was Subscribed , for the Cause foresaid . Alexander Glasse contra Iohn Haddin ; Eodem die . ALexander Glasse and William Reid having a proper Wodset of the Lands of Alairtnenie , and Iohn Haddin being also Infeft in an Annualrent forth thereof some days prior , compet for the Maills and Duties ; Haddin alleadged that both infeftments being base from the same Author , his Infeftment of Annualrent is preferable , because prior and first cled with Possession . It was answered , any Possession he had was by a Factory from Glass . It was replyed , that he offered to prove Possession before that Factory . It was duplyed that by Haddins back Bond produced , bearing expresly that Glasse had had a valide Right to the Maills and Duties of the Lands , and that he was in Possession thereof , and that Haddin had accepted a Factory from him , and was obliged to compt to him for the Maills and Duties without any Reservation of his own Right , this was an unquestionable Homologation , and acknowledgement of the Right , and equivalent to a Ratification thereof . The Lords found by the back Bond produced of the Tenor foresaid , that Haddin had so far acknowledged Reid and Glasses Right , that he could not quarrel it upon his own Right , but he proponing that there was a Reservation of his own Right related to in the back Bond , the Lords found the same Relevant he proving Possession before the other Party , and before the Factory . The Old Colledge of Aberdeen contra the Town of Aberdeen , Iuly 13. 1669. THe Principal and the remanent Members of the old Colledge of Aberdeen , having Set a Tack to Doctor Dun of his Teinds during the Principals Life , and five years thereafter , and bearing an Obligement to renew the like Tack from time to time for ever . The Doctor Mortified the same to the Town for plous uses , after the Death of that Principal many years . The Colledge now pursues the Possessors of the Lands upon an Inhibition for the full value of the Teinds ; and the Town Defends upon the foresaid Tack . It was answered for the Colledge , that the Tack is only for the Principals Life , and five years after , which is expired ; and as for the new Obligement to renew such Tacks for ever . It was answered First , Albeita Tack were conceived in these Terms it would be null , as wanting an ish . 2dly , Obligements of the present Incumbents in Universities are not obligator , but where there is an equivalent Cause Onerous Received for the good of the University . It was replyed for the Town , that an Obligement to grant a Tack by them who can grant it , is equiparat to the Tack it self , which requires no other solemnity , as an obligement to grant an Assignation , is equivalent to an Assignation , and that there is here a Cause Onerous of the Universities Obligement , because the Tack bears expresly 300. Merks of grassum , and that the former Tack-duty was only ten Merks , which by this Tack is made 50. Merks , and albeit it want a desinit ish , yet it must be valide for a Renovation during this Principals Life , and five years after , and it is Homologat by the Colledge , who have received the same Duties several years since the first Tack expired . It was duplyed for the Colledge , that this Tack is not valide for any time after the first ish , because by the Act of Parliament 1617. Tacks by beneficed Persons under Prelats , are prohibit for longer time nor their own Life , and five years after , and these Teinds are a part of the benefice Mortified to the Colledge , and they must be accounted as beneficed Persons , and albeit the Teinds were augmented to 50. Merks , yet they are worth 200. Merks ; and for the Receipt of the Duties after the first Tack , it is per tacitamrelocati●nem , and no Homologation of the Obligement to renew the Tack . The Lords found that the Colledge was not comprehended under beneficed Persons , but found that there was no sufficient . Cause Onerous alleadged for this Obligement of Renewing a perpetual Tack , and would not Sustain the samine in part , and found it totally null , and that the Receiving of the former Duties was no Homologation thereof . Captain Wood contra Boyneilson , Eodem die . CAptain Wood having taken a Ship of Norway , whereof Boyneilson was Master , called the Raphael Prize , she was Adjudged by the Admiral , and there is now Reduction intented of the Decreet of Adjudication , in fortification whereof the Privateer Insists upon two grounds . First , That this Ship belongs to the Kings Enemies , with a considerable part of the Loadning , viz. 1500. Dails as is acknowledged by the Skippers Deposition . 2dly , Whereas she pretends to have been bound for London upon the Kings Proclamation , giving liberty to all his Subjects to import Timber from Sweden and Denmark , by the Ships and Mariners in these Countreys , though then in Enimity , yet the said Proclamation requires that all such Ships shall find Caution at the Custom-house to return straight to England , without going aside into an Enemies Countrey , and requires the Lord Admirals Pass ; but this Ship at the time of the Adjudication did not pretend to the Duke of York's Pass , but only to the Duke of Richmond's Pass as Admiral of Scotland , whereas the Proclamation warrands only the Duke of York to give such Passes , neither doth he produce now any Pass from the Duke , or any extract of a Pass from him . It was answered for the Strangers , and for Iohn Dyson Citizen of London , that they having Contracted conform to the Kings Proclamation for importing Timber , and having found Caution and obtained a Pass conform to the Proclamation the Ship and Loadning cannot be made Prize , upon the Skippers Oath , that they had Aboard 1500. Dails belonging to him and the Company . First , Because the Skipper is testis singularis . 2dly , By the constant Custom Sailers have Portage Dails allowed . 3dly , The number of the Dails is insert but with Figures , and might easily have been altered after the Testimony , from 500. by adding one , and from 150. by adding a Cipher , neither of which would have been sufficient to infer Confiscation . 4thly , Iohn Dyson Citizen of London , having bona fide Contracted with the Stranger for importing 6000. Dails , albeit the Skipper had foisted in some more , it cannot infer a Confiscation of a Loadning belonging to him the Kings Subject , Contracting bona fide , whatever it may infer as to the Strangers Ship and his own Dails . As to the second point anent the wanting the Duke of Yorks Pass , there is produced a Testificat of the Dukes Secretaries , and the Ship having been Bought from the Privateer by Captain Lye , who carried her to London , the Duke gives her a Pass to return from London to Norway , bearing that he had given her a former Pass to come into England ; there is also produced His Majesties Letter , that he is sufficiently informed that this Ship is Authorized by a sufficient Pass , and therefore ordering her to be Restored with Testificats from the Customers , that Caution was found there , and the Testimony of the Skipper and a Sea-man taken at London , bearing that Captain Lye having Bought the Ship from a Privateer , desired the Skipper ( then in Prison ) to show him the Duke of Yorks Pass , which when he shew'd him , he pulled it out of his Hand to secure the Ship ; against all which it was objected , that all these were impetrat after the Ship was declared Prize , and that it is the more suspitious , that at the time of the Adjudication there was not so much as mention made of the Duke of York's Pass , though the Duk of Richmonds Pass was rejected , as not sufficient without the Duke of Yorks , and that as yet there is no Extract , of the Pass out of any Record ; and as for his Majesties Letter it hath been impetrat suppressa veritate , and cannot take away a Parties privat Right , but is salvo jure , as are all Acts of Parliament done by His Majesty , and three Estates incitata parte , much more such a Letter , as the Lords found in the case of the Castle of Riga , and though there had been a Pass from the Duke of York , it is likely not to have been of this Date but for a former Voyage . The Lords found the alleadgeance for the Privateer , that there was 1500. Dails Aboard belonging to the Kings Enemies Relevant to Confiscat the Ship and Dails , but not to Confiscat Iohn Dysons Dails , His Majesties Subject , who acted bona fide if he can make out a Pass , and before answer to that point , grants Commission to Sir Robert Murray to try if there were a Record keeped of the Dukes Passes , and if therein there was a Pass for this Voyage , and to send down the duplicat thereof compared with the Principal , and Signed by Sir Robert , and to try at the Records of the Custom-house , if Caution was found there , and if there was no Records of Passes , to take the Oath of Captain Lye concerning the Pass alleadged taken by him , and ordained the Members of the Court of Admirality to be Examined upon Oath , whether the Testimonies in Figures for 1500 Dails was given in Figures as it bears , and found the Skippers Testimony alone to prove not only against himself , but the Owners , because he was entrusted by them in this Affair . Duke Hamiltoun contra the Feuars of the Kings Property , Iuly 14. 1669. THe Duke of Hamiltoun as Collector-general of the Taxations , having Charged the Feuars of the Kings Property for payment of this current Taxation , several of them Suspended upon this Reason , that by the Act of Convention there is abatement given of a third part to such Shires as in the West and South , in regard their Retours are higher then the rest of the Countrey , and yet these of the Kings Property are Charged for the whole . It was answered , that that abatement cannot extend to the Feuars of the Property , because in all former Taxations they were distinct both from the Temporality and Spirituality , and therefore though by the Act of Convention , the Temporality of these Shires be eased , it will not extend to the Property , especially seing the Reason of the Act cannot extend to them , for the Feuars of the Property did bear no Taxation till the year 1592. and then there was a Commission granted for Retouring them , and that Complaint of the high Retours of the Shires being then known , these of the Property would doubtless endeavour to have easie Retours . It was answered , that the Act of Convention expresly Regulating the Taxation , both as to the Spirituality and Temporality , it cannot be thought but that these Members did comprehend the whole , and seing the Property cannot be of the Spirituality , it must be of the Temporality , which hath the abatement as to these Shires without exception , and albeit the Property was lately Retoured , yet there being no Rule to estimate a Merk-land , or Pound-lands Retour by , or how many Pounds of real Rent makes a Pound of Retour , there could be no other Rule , but to make the Retour of the Property proportional to the remainant Lands lying in that Shire , so that where the other Lands are generally highly Retoured , it is evidently presumed that the Property was so Retoured , and seing the Property did of old pay no Taxation , it were strange now to make it bear more then the other Temporal Lands about it . The Lords found that the Property of the Shires had the same abatement with the rest of the temporality in these Shires . Earl of Marishal contra Leith of Whitehaugh , Eodem die . IEan Keith having a Right to a Wodset of the Mains and Miln of Troup , and being Married to Iohn Forbes , she Disponed the Heretable Right to his Brother , which Right is now by progress in the Person of Leith of Whitehaugh , Isobebs Brother raised a Reduction in Anno 1628. of the Right granted by her to her Husbands Brother , and now his Right and an Assignation to the said Process coming to the Earl of Marishal , and by him to Lesmore , they insist in their Reduction upon the Reason of Minority and Lesion . It was alleadged for the Defender ; First , No Process , because prescription is past since the Right was granted by Isobel Keith , which cannot be interrupted by the Reduction in Anno 1628. because it is evident by inspection of the Reduction that it is but filled up of late and that the Executions there of are new , so that it signifies no more nor blank Paper , or a blank Summonds till the Reasons be filled up and insisted in before which prescription was compleat . 2dly . Absolvitor , because the Right granted by Isobel Keith to her Husbands Brother , was to the Husbands behove : Likeas there was a blank Bond granted by the Brother to the Husband so declaring , and there being no other Contract of Marriage , this Disposition must be understood as granted to the Husband in contemplation of the Marriage , and being but the Right of 10000. Merks , which was but a competent Tocher , it was no Lesion to Dispone the same to the Husband , or any to his behove , and offered to prove by the Brothers Oath that there was such a back Bond , and that yet there is a back Bond by him to whom the Brother Disponed . The Pursuer answered to the first , that interruption is sufficient by any Act whereby the Party having Right , may follow the same , so that Summonds ( albeit not legally Execute ) would yet make an interruption , though no Sentence could follow thereupon , and a Summonds being blank , must be presumed as comprehending all the Grounds and Reasons that might have been filled up therein , but here the Lybelling of the Interest , which is not with new Ink , bears expresly that the Pursuer as Heir to his Sister has good interest to Revock and Reduce Deeds done by her to her prejudice , which doth imply the Reason of Minority and Lesion . To the second , albeit the Disposition by the Wife had been to the Husband , yet it is simply Reduceable upon Minority , there being no remuneratory Obligation upon the part of the Husband providing her to a Jointure , in which case if the Provision had been suitable , there would have been no Lesion , and if not suitable , the Lords might Reduce it in part , or Rectifie it if done in the Wifes Life , but here she having nothing from the Husband , and being Dead she cannot now receive a Jointure , and so the Right is Reduceable in totum , especially seing the said Iohn Forbes did violently carry away the said Isobel Keith , and Married her without her Friends Consents , and must be presumed by the same means to have purchased the same Disposition from her without any remuneratory Provision to her . 2dly , There is not , nor cannot be known any such back Bond , and it were absurd that the Husbands Brothers Oath alone should prove the same in favours of his Brother . The Defender answered , that albeit there was no Jointure provided , yet the Law provides a Terce , which ofttimes is better nor the Jointure . The Pursuer likewise answered , that the Law did provide the jus mariti , and the courtesie , so that either Party ought either to acquiesce in the provision of Law , or the Provision of Parties must be mutual . The Lords Repelled the first Defense , especially in respect of the manner of Libelling the Title , and found not the Executions of the first Summonds to appear new , and therefore Sustained them , unless the Defender would improve the same ; they found also that alleadgeance , that the Disposition was to the Husbands behove , was not to be Sustained , especially seing no back Bonds were produced , or offered to be proven , and that the manner of Probation offered was no way sufficient , that there was no Provision for the Wife . Duke Hamiltoun contra the Laird of Blackwood , Eodem die . THe Duke of Hamiltoun pursues the Laird of Blackwood , that it may be declared that he is his Vassal in his Lands of Blackwood , on this ground , that the late Marquess of Hamiltoun having Disponed to the King the Abbacie of Arbroth , did in consideration thereof , in Anno 1636. get a Charter from the King of the Barony of Leshmahago ; a part of the Abbacie of Kelso , of which the Lands of Blackwood were holden Waird ; which Lands having been Apprized , and the Apprizers Infeft holden of the King , the Laird of Blackwood having thereafter Disponed them to Major Ballantine , by his Contract of Marriage with Blackwoods Daughter , and the Major having purchased a Right from the Apprizers , both upon Blackwoods procuratory of Resignation , and the Apprizers , he Resigned the Lands in the Marquess Hand , and did take his Infeftment holding Waird of him ; likeas this Blackwood who is Heir of Provision to the Major as procreat by Marion Weir Blackwoods Daughter with William Lowry , hath no other Right but as Heir of Provision to the Major , and yet he hath taken Infeftment holding of the King ; likeas the said William Lowry his Father as lawful Administrator , and taking burden for him , has obliged himself by his Bond , that so soon as the Marquess should obtain a Right to the Superiority , he should take his Infeftment from him Waird , and by the Act of Parliament 1661. Ratifying the Act of Annexation 1633. It is expresly provided , that any Right to the Superiority of Kirk Lands granted by the King , yet notwithstanding the annexation shall be valide , as to such Vassals who have , or shall consent to the Rights of the Persons obtainers of the saids Superiorities , so that Major Ballantine having consented , by taking Infeftment in manner foresaid , he and his Successors must continue the Dukes Vassals . The Defender alleadged Absolvitor , because any Right the Duke has , or the Marquesse had to the Superiority is absolutely null by the saids Acts of Parliaments , annexing the Superiority of Kirk Lands to the Crown , so that unless there had been a Dissolution in Parliament , no Right of these Superiorities is valide , but null , and the exception of the said Act 1661. is only in the case of the Vassals consenting to a Right of Superiority , Ita est there can be no Right but legitimo modo by Dissolution . The Pursuer answered ; First , That albeit the King , or his Officers might quarrel his Right as not proceeding upon Dissolution , or any other having their Right upon Dissolution , yet the Defender cannot , especially seing he hath Homologat the Pursuers Right , his Predecessors to whom he is Heir , having taken Infeftment thereupon ; likeas the Pursuer has satisfyed the Kings Interest , by giving Bond to the Kings Advocat to hold the Lands Waird of the King in the same way as the Defender would , therefore the Advocat hath declared he will not concern himself . 2dly , the Pursuer having obtained a new Right of the King since the Act of Parliament 1661. the same must be valide to him as to these Vassals who have , or shall consent , because the exception of the Act expresly bears , that such a consent is equivalent , as if the Vassal had Resigned in the Kings Hands in favour , and for new Infeftment to the interposed Superior , and had then taken a subaltern Right of him , against which there can be no pretence , so that ( by a Right in the exception ) it cannot be meaned a perfect Right proceeding upon Dissolution , because that would be valide without the Vassals consent , but that the Vassals consent being equivalent to a Resignation , makes the Right valide without Dissolution . Which the Lords found Relevant , the Duke proving a sufficient consent , but it was not Decided whether Major Ballantines taking Infeftment would import a sufficient consent conform to the exception of the Act , so that he might not thereafter return to the King. Iack contra Iack , Iuly 15. 1669. PAtrick Iack having only three Daughters , Margaret his eldest Daughter Married Iohn Dowglas , and there is a Contract betwixt Iohn Dowglas and the Tutors of the other two Daughters , dividing there Fathers Inheritance in three parts , and mutally Disponing the same with Procuratory and Precept , and there being a Salmond Fishing holding Waird of the King , which fell to Margarets share , Iohn Dowglas takes Infeftment upon the Tutors Precept , Disponing for the other two that Fishing after his Death , the said Margaret takes a Gift of Recognition of the said Salmond Fishing , as falling by the Infeftment taken by Iohn Dowglas without consent of the Superior , and thereupon pursues Declarator , Katharin Iack and Robertson her Spouse , and the other Sister , pursue a Reduction of the Contract of Division , as done by their Tutors in their Minority to their Lesion , and in answer to the Recognition alleadged . First , That this Recognition occurred in the time of the English when Recognitions were excluded , and such Infeftments by the Law then in use were allowed . 2dly , The Infeftment here granted proceeded only upon the Disposition of their Tutors , whose acts except in what is proper to the Administration of their Office is void . It was answered as to the first , that they opponed the Decision in the case of Sir George Kinaired against the Vassals of the Master of Gray , by which it was found that Infeftments taken of Waird-lands without the Superiors consent , even during the Usurpation , inferred Recognition , and to the second , that the Division among the Daughters was an act of Administration , that the Daughters might have been compelled to do . It was answered , that there is no such Decision produced , and that in the case of the Vassals of Gray , they did continue in Possession several years after the Kings Restitution , and did not take Confirmations ; but here the said Margaret one of the Sisters who should have taken Confirmation before she had continued Possession , cannot have benefit by her own fault , and make use of a Gift of Recognition in her own Person , proceeding upon her own and her Husbands fault , neither can the Division be a lawful act of Administration of the Tutors , in so far as they granted them Precepts of Seising to be holden of their Pupil , which no Law could have compelled them to do , but only Procuratories of Resignation , likeas it was Iohn Dowglas fault not to make use of the Procuratory , but of the Prccept . The Lords found no Recognition incurred , but because the Parties might have been troubled if any other had taken the Gift , they ordained the other two Sisters to pay their part of the expences of the Gift . Mr. Archibald Dennistoun contra Semple of Fulwood , Iuly 16 1669. THe Lairds of Fulwood elder and younger , and Dennistoun being appointed Overseers by Culgrain to his Daughters , the eldest Daughter being Married to Mr. Archibald Dennistouns Son , there is a Contract betwixt Mr. Archibald and the three Overseers , taking burden for the Daughters , by which the Estate of Culgrain , and Mr. Archibalds Estate are both settled in the Person of his Son , and the Overseers are obliged to cause the Minors , and their Curators become obliged to relieve Mr. Archibald of 17000. Merks . Mr. Archibald Charges Fulwood upon the Contract , who Suspends , alleadging that the Clause can only import that he is lyable for his own part , but not in solidum , seing the Clause bears not the Overseers to be bound conjunctly and severally . It was answered , that the obligement is not for payment of a Sum , which is divisible , but for doing a Fact which is indivisible , viz. the Minors being become bound to relieve , which is all one as if the Overseers had been obliged to cause the Minors Subscribe a Bond of releif , which could not divide , but would have obliged every one of them in solidum , It was answered , that the result of the obligation being releif of Sums which are divisible , the obligation at least the Damnadge and Interest succeeding in place thereof ought to be devisible , for the obligation being factum alienum imprestable to the Overseer , and the third Overseers that refuses to concur being the Chargers own Brother ; there is no reason that the Overseers who had no Office or obligement , but were only Overseers which is not nomen juris , should be lyable for the Chargers own Brother , his third part thereof . The Lords found them only lyable pro rata . Barclay contra Barclay , Iuly 20. 1669. THe Laird of Towy having only one Daughter Elizabeth Barclay , and his Lands being provided to Heirs Male , Dispones his Estate to his Daughter , In which Disposition there being not only a Procuratory of Resignation , but a Prcept of Seising , the said Elizabeth was Infeft upon the Precept , and being an Infant , her Friends thinking it might infer Recognition , took a Gift of the Recognition , and now pursues Declarator thereon , against the Tutor of Towy Heir Male , and Captain Barclay as pretending Right by Disposition to the Estate . It was alleadged for the Defenders Absolvitor , because the Disposition granted by umquhile Towy to the Pursuer his Daughter was granted on Death-bed , at the least it was retained by the Defunct , and never delivered till he was on Death-bed , and thereby it is null , and cannot infer Recognition , because the Law upon just consideration that Parties are presumed to be weak in their Minds , and easily wrought upon , after contracting of the Disease of which they Died , has incapacitat them then to Dispone their Heretage , or to take it any way from their nearest Heirs . 2dlie , Albeit the Disposition had been Subscribed , and Delivered in leige poustie , yet the Seising not being taken till the Defunct was on Death-bed , Recognition cannot be incurred , because it is not the Disposition , but the Seising that alienats the Fee , and infers Recognition . The Pursuer answered ; First , That Death bed is only introduced in favours of Heirs against other Persons getting Right but hath no effect against the Superi or , who is not to consider whether the Vassal was sick or whole , but whether he hath indeavoured to withdraw himself , and his Heirs in the investiture from their Superior . 2dlie , Death-bed is never competent by way of exception , but by way of Reduction . 3dlie , The Disposition being in favours of the Disponers only Daughter , reserving his Liferent , albeit it wants a Clause dispensing with the Delivery , it being Subscribed in leige poustie , it is as valide as if it had been then Delivered , and if need be 's offers to prove that it was Delivered in leige poustie to the Lord Frazer for the Pursuers use , so that albeit Seising had been taken when the Disponer was on Death bed , Recognition must be incurred , because the Vassal should not have granted a Precept of Seising , and Delivered the same without Reservation , and the having of the Precept of Seising being always accounted a sufficient ▪ Warrand for taking of Seising , and that the Warrand was given at the Delivery of the Precept , albeit the Seising was taken when the Disponer was on Death-bed , yet the Warrand was granted when he was in leige poustie , by the Precept , which bears in it self to be an irrevockable Power and Warrand to take Seising , so that the Vassal had in his leige poustie done quantum in se fuit , to alienat this Waird Fee. The Lords found that if the Disposition containing the Precept , was Delivered to the Vassal without Reservation in the Disponers leige poustie , it would infer Recognition , though the Seising were taken after his Sickness , and found that if the Disposition and Seising were on Death-bed , it would exclude Recognition by way of exception , Recognition not being a Possessory , but a Petitory , or Declaratory Judgement ; but seing it was alleadged that the Disposition was Delivered to the Lord Frazer , the Lords before answer ordained the Lord Frazer to Depone from whom , and when he Received the said Disposition , and whether he had any Direction to take Seising thereupon , or any Direction to the contrair , and also that the Bailly , Atturney , Notar , and Witnesses in the Seising should Depone by what Warrand they did proceed therein . Earl of Crawfoord contra Rig , Iulie 21. 1669. THe Earl of Crawfoord pursues Rig for payment of the half of the Expence of the Building a Park Dike , belonging to the Earl in so far as it is Built , or to be Built upon the March betwixt him and Rig , and that upon the Act of Parliament 1661. anent the Parking and Inclosing of Ground , whereby for the Encouragement of them that Inclose it , it is provided that whatever part of the Park or inclosure falls upon the March , that part shall be Built upon the equal Charges of both the Heretors . The Defender alleadged Absolvitor , because the March betwixt the Earl of Crawfoord and him is not a dry March , but a Burn , and the Act cannot be understood but of dry Marches , otherwise though there were a Water intersected , the Heretor Building a Park Dike upon his own side of the Water , might require his Neighbour on the other side of the Water to pay the half of his Charges . 2dlie , Some parts of the Marches betwixt the Pursuer and Defender are Mossy and Bogy Ground , upon which no Dike can stand . The Pursuer answered , that he opponed the Act of Parliament , and that any Meith betwixt his Land and the Defenders is an inconsiderable Stripe of Water , which oftimes is dry , and cannot hinder a Stone Dike to be Built in the very Channel of it , and for the other if the Pursuer Build not the Dike , the Defender will not be lyable . The Lords found the Reply Relevant , and ordained the Stripe of Water either to be wholly without the Dike , or if the Defender pleased that it run a space within the Dike , and a space without the Dike that either Party might have the benefit of Watering thereat . Town of Perth contra the Weavers of the Bridg-end of Perth . Eodem die . THe Town of Perth pursues the Weavers at the Bridg-end of Perth either to desist from Weaving in their Suburbs , or otherwise to pay a Duty accustomed to be payed by the Weavers there to the Town for that Liberty , conform to the several Tickets produced , and that conform to the 159. Act Parliament 1592. Entituled the Exercise of Crafts within Suburbs adjacent to Burghs forbidden . It was alleadged for the Defenders , and Sir George Hay thier Master Absolvitor , because the said Act of Parliament has been in continual desuetude , and was never in use . 2dly Though it were yet effectual , yet it can only be understood of such Suburbs as have no Priviledge , but where the Suburbs are contained in any Burgh of Regality or Barony , or within any Barony though having no Burgh , the Priviledges of these Erections warrants the exercise of all Crafts-men , so that these Websters Living within the Barony of Pitcullen ; cannot be upon that pretence hindered from Exercising their Trade . The Pursuer answered , that he opponed the Act of Parliament being general , and that it was a standing Law unrepelled , and that the obligations of the Weavers Living there to pay a Duty for their Liberty of Weaving , did preserve the Act in vigour , at least as to this Burgh . The Defenders answered , that these Weavers being in no Incorporation , the Tickets granted by any of them , could prejudge none but themselves , and being without the consent of the Heretor , cannot infer a Servitude upon his Barony without his consent , more then his Tennents could infer a Thirlage without his consent . The Lords found that the said Act of Parliament did not reach to the Inhabitants of any Barony , and that the Tickets of the Weavers could not infer a Servitude upon the Barony , and therefore Decerned only against the granters of the Tickets personally , for the Duties contained therein . Iames Gray contra Margaret Ker , Iuly 23. 1669. IAmes Gray having Apprized certain Lands , and having Charged the Superior , pursues for Mails and Duties , Compearance is made for Margaret Ker , who produces her Infeftment granted by her Husband the common Author , prior to the Apprizing , and craves to be preferred . The Pursuer answered , that her Infeftment being granted by her Husband to be holden of the Superior not Confirmed is null . To the which it was answered , that an Infeftment of a Liferent granted to a Wife in implement of her Contract of Marriage is valide though not Confirmed . The Lords Repelled the alleadgeance , and found the Relicts Infeftment null , and not sufficient to defend her Possession . Mr. Iohn Eleis contra Inglishtoun , Eodem die . CRichtoun of Crawfordstoun having only one Daughter , Disponed his Estate to Iohn Brown of Inglishstoun , in contemplation of the Marriage betwixt him and Crawfordstouns Daughter , and to the Heirs-male of the Marriage , which failzying , to certain other Heirs Substitute , bearing a power to Burden the Estate with 5000. Merks to whom he pleased , and containing a Clause that the Disposition should be valide , though not Delivered in his Lifetime ; and after Inglistouns Marriage , Crafordstoun grants a Bond relating to his former promise of 20000. Pounds to Inglistoun , and the Heirs of the Marriage , ( which failzying : ) After which words there follows a blank of a Line and a half , and the Sum is payable at the first Term after Crawfordstouns Death ; the intent of which Bonds seems to have been , that thereupon Apprizing might proceed to Denude the Heirs of Line , and to compel the Superior 〈◊〉 Receive Inglistoun . Thereafter Crawfordstoun made a second Tailzy , wherein Inglistouns Son , with his Daughter being then Born , is Feear , and several Members of the Tailzy altered ; and after that he made a third , wherein his Daughter ( Inglistouns Wife ) is Feear , and the Substitutions much like the former . After his Death these Papers being Exhibit , at the Instance of two of his Daughters , Heirs of Line , Married to Mr. Iohn Eleis , and Alexander Tran upon a Process ad deliberandum , and being craved up again from the Clerks , by the Tutor of Inglistouns Son. It was alleadged for the Heirs of Line , that the saids Writs could not be Delivered up , because they not having been Delivered by the Defunct in his leige po●stie , could not prejudge his Heirs of Line ; and albeit his first Disposition contained a dispensation for not Delivery , which ordinarly is accounted sufficient , yet where it appears the Defunct altered his purpose , both by the posterior Dispositions of a different Tenor , and several Missive Letters showing a resolution after all to alter the same the said Clause cannot be effectual , and there is no pretence for Delivering the Bond , and the two other Dispositions , seing they want that Clause . It was answerd , that the Dispensation with Delivery is in all cases equiparat with the Delivery it self , and that the remanent Writs ought also to be Delivered , though they bear not that Clause , because the Heirs of Line being absolutely excluded by the first Disposition , they have no interest to quarrel the other Dispositions , and albeit it the posterior Dispositions were to different effects , the want of Dispensation therein might make them ineffectual ▪ yet where they are but qualifications of the first Tailzy they are accessory thereto , and must be Delivered therewith , seing the Defunct so long as he keeped the Writ in his own Hand , might still alter the same at his pleasure . It was answered , that the posterior Dispositions wanted the Clause , reserving power to the Defunct to leave to whom he pleased the 5000. Merks , and it is like he hath left it to his other Daughters , and the Bond may be made use of to overturn his whole intent , and alter the Tailzy . The Lords found , that seing the first Disposition contained a Dispensation with Delivery , and the rest being accessory thereto , and only altering in somethings the Tailzy , but still to the first Heir of Tailzy , being the Son of Inglistouns Marriage ; they ordained them all to be Delivered up , and the Bond also , but with this Declaration , that the Provision anent the 5000. Merks in the first Disposition , should be holden as repeared in the rest , that the Heirs of Line might be in no worse Case then by the first , and that the Bond should only be made use of according to the Substitutions , and Clauses of the Tailzies . Crawford contra Anderson , Iuly 24. 1669. IOhn Fleeming having made a Disposition of his Lands to William Anderson Provost of Glasgow , sometime thereafter William grants Back-bond , Declaring the Disposition was upon Trust , to the behove of Fleemings Creditors ; Young being one of the Creditors , uses Inhibition and Apprizing against Fleeming , and is thereupon publickly Infeft ; after which William Anderson makes payment to the other of the Creditors , the said Alexander Young and Crawford his Spouse Insists for Mails and Duties of the Apprised Lands , Anderson excepts upon his prior Infeftment from Fleeming , the common Author , upon the said Disposition , Crawford replys upon the Back-bond , that the said Infeftment is on Trust to the behove of Fleeming : Anderson duplys that it is a qualified Trust to the behove of Anderson himself in so far as any Debt was Due to him , and next to the behove of Fleemings Creditors , and condescends and instructs that he has made payment to several of these Creditors , so that payment made by him bona fide must give him Right to the Trust pro tanto , and any Inhibition or Infeftment at Youngs Instance , was only against Fleeming , and not against Anderson , against whom there was never any Action . It was answered , that the Trust being for payment of Fleemings Creditors , cannot be interpret at the option of Anderson , which would be a most fraudulent conveyance to exclude the more timeous Diligence of Fleemings other Creditors , but it must be understood to pay the Creditors legitimo modo , and not to make voluntar payment to these who had done no Diligence ▪ and prefer them to these who had done Diligence ; and albeit the Inhibition and publick Infeftment upon the Apprizing be only against Fleeming , yet Anderson who was Intrusted for Fleeming , might and ought to have known the same by searching of the Registers , appointed for publication of Rights , and if he had neglected the same Sibi imputet , for he being Trusty for Fleeming , could no more prefer Fleemings Creditors , then Fleeming himself could do . The Lords Repelled the Defense and Duply , and found that voluntary payment made by Anderson to Fleemings Creditors , after the Inhibition or publick Infeftment of other Creditors , did not give him any Right by his Infeftment in Trust , to exclude the more timeous Diligence of the other Creditors . Street contra Masson and Lord Tarphichen , Iuly 27. 1669. IAmes Masson being Debitor to the Lord Tarphichen does Infeft his Son an Infant in his Lands , publickly holden of the Superior , and being a Merchant , there was a correspondence betwixt him and Mr. Street , and other London Merchants , whereupon he gave them Bond , mentioning to be for former Accompts , and Provisions betwixt them , and thereupon followed an Infeftment of Annualrent . The Lord Tarphichen obtains Decreet of Reduction of the Infeftment granted to the Son , as being posterior to his Debt , and granted by a Father in defraud thereof : The London Merchants raise also a Declarator , that the Infeftment granted by Masson to his Son ( then an Infant ) ought to be affected with their Debt , in the same condition as it were yet standing in the Fathers Person , or otherwise ought to be declared void as a fraudulent Deed by the Father in favours of his Son , the Father being then in tract of Correspondence and Traffick with these Merchants , who bona fide continued the same , seing the Father continued in Possession of the Lands , and built thereupon , and gave an Infeftment of Annualrent to the Merchants , after the Infeftment granted to his Son , and likewise raised a Poinding of the Ground upon his Infeftment of Annualrent , whereupon he now insists . It was alleadged for the Son and the Lord Tarphichen ▪ that the Sons Right being publick , and Registrat in the publick Registers , prior to the Pursuers Annualrent for the Bonds whereupon the same proceeds , it doth fully exclude them from Poinding of that Ground . The Merchants repeat their Declarator by way of reply : To which it was answered , that whatsoever may be said of Latent and Clandestine Rights betwixt Fathers and Children , and other confident Persons , yet there is no Law hindering a Father to give an publick Infeftment to his Son , unlesse it be in prejudice of the Creditors , to whom he was due Sums at that time , which being a valide pubick Right , no Deed or pretence of fraud of the Father thereafter can prejudge the Son in his Right , who being an Infant was not capable to be partaker of fraud , neither can fraud be presumed as to Creditors , who are but to Contract thereafter , nor can a publick Right Registrat , and a publick Seising , which all the World may , and all Concerned ought to know , be esteemed a contrivance or fradulent Right , and as to any Commerce betwixt these Merchants and the Father , which began before the Sons Right , no respect can be had thereto , because the Pursuers Bonds are lately for a Sum of Money , and must import that the former Debts by Traffick were past from or Discharged , and if need beis offered to prove that they were actually Discharged . 2dly , The making up a Debt to be prior to take away the Sons Infeftment , can only be probably by Writ or Oath of Party , and not by Witnesses , who cannot prove above 100. Pounds . 3dly , Though the cause of the Bond were proven to be a Correspondence and Traffick begun before the Sons Infeftment , it is no ways relevant against any Provisions gotten after the Infeftment , for such can have effect but from their own Date , and the effect is cut off as to what is posterior to this publick Infeftment , seing the Merchants did either follow Massons Faith upon their hazards , or else they should have had a Procurator here , and taken advice how they might have been secured of Massons Estate by the Law of Scotland , who would have taken notice by the Registers , that Masson was denuded by a publick Infeftment , which nothing he could do thereafter could prejudge , and would have certified the Merchants thereof , and their failing therein is on their own peril , and albeit their payment and acting bona fide is sometimes good , though made to these who had not a valide , but a colourable Right by these who knew not a better Right , and might have been compelled to pay upon the colourable Right , yet other Deeds , though bona fide done , are upon the peril of the Actor . To which it was answered , that by the common Law and Custom of this Nation all fraudulent Deeds are Reduceable , and there can be no Deed more fraudulent then this of a Father to his own Infant Son , for whom he is legal Administrator , and must accept the Right he gives himself , and so colludes with himself to make a snare to intrap Merchants and Strangers in the midst of a course of Trade with them , which is a common ground of Law , whether the Debt be prior or posterior to the Sons Infeftment , and albeit the Merchants Bond be posterior , yet seing it bears to be for Ware , Witnesses according to the ordinar custom , are Receiveable for astructing the Writ , to prove what the Ware was , and when Received , which will not be prejudged , though there had been a Discharge of the Ware granted the time of the Bond , unlesse there had been a real and true payment of the Money , for there being nothing then payed , this Bond ceases not to have a true anterior Cause , as if it had been granted on Death-bed upon a Discharge then given , it would be valide , as being upon an anterior Cause before the Sicknesse , neither is there any difference to be made of the Parts of the Traffick after the Sons Infeftment , but seing the Correspondence began before , and is once continued as a constant Correspondence and Traffick , it must all be drawn back to its beginning , as if the Merchants on both sides had Contracted when they began their Correspondence , that they should faithfully pay what either of them Received from other , till the Correspondence was given up . The Lords found that this Bond , although posterior to the Sons Infeftment , not bearing borrowed Money , but Merchant Ware , that the quantity , and times of furnishing thereof might be proven by Witnesses , and albeit there had been a Discharge of the Ware , yet so much thereof as was furnished before the Sons Infeftment would affect the same , but found that the Sons Infeftment being publick and Registrat , no posterior Deed of the Fathers , by continuing Traffick or Correspondence , nor no pretence of fraud of his , could annul or burden the said Infeftment , for any Debt contracted posterior thereto . Executors of Mr. Thomas Ridpeth contra Iohn Hume , Eodem die . IN a Competition betwixt the Executors Creditors of Mr. Thomas Ridpeth , about a Sum due to Mr. Thomas by Bond , and by him Assigned to Iohn Hume , who not having Intimat it in Mr. Thomas his Lifetime , did thereafter get payment of a part of the same , and a Bond of Corroboration for the rest thereafter , Toredlie for a Debt due to him by Mr. Thomas Ridpeth , Confirms himself Executor Creditor to Mr. Thomas , and alleadges that he ought to be preferred , because the Assignation made to Iohn Hume was an uncompleat Right , wanting Intimation , so that the Sum remained in bonis of Mr. Thomas Ridpeth , and that he had followed the only legal way to affect it , by Confirming himself Executor Creditor to Mr. Thomas , and albeit the Assigney may force any other Executor to pay to him , yet not an Executor Creditor , who is Executor to his own behove for satisfying his Debt . It was answered , that the Assignation , though not Intimat , being a special Assignation , albeit it cannot have Execution by Horning , yet it is the undoubted ground of an Action , even after the Defuncts Death , against the Debitor , and no Executor Creditor can have Right thereto . Which the Lords found Relevant , and preferred the Assigney . Duke Hamiltoun contra Weir of Balckwood , Iuly 28. 1669. THe Duke of Hamiltoun insisted in his Declarator against the Laird of Blackwood , for declaring that he had Right to his Superiority by the Act of Parliament 1661. bearing , That whosoever should get Right from the King to the Superiority of the annexed Kirk Lands , the same should be valide as to these Vassals who had Confirmed , or should Consent . And alleadged that Major Ballantine , to whom Blackwood is Heir , had taken an Infeftment of the Estate of Blackwood , from the Marquess of Hamiltoun , upon Blackwoods Resignation , and upon the Resignation of two Apprizers , in Anno 164● . The Marquesse then having a Right to the Superiority , granted by the King in Anno 1636. Which albeit it was not then valide , because the Lands were then annexed to the Crown , by the Act of Parliament 1633. and were not Dissolved ; yet the Major having taken Infeftment as to his part , his Heirs could not quarrel the Superiority , though the King might ; and now the King and Parliament by the Act 1661. having declared such Rights of Superiority valide as to these Vassals who had , or should Consent , and the Duke having gotten a new Right of the Superiority since the Act , the former Consent is valide ; Likeas William Lowry Blackwoods Father and Tutor gave a Bond , that so soon as the Duke should obtain the Superiority , the Son should become Vassal . The Defender alleadged that his Fathers Bond was only effectual against his Father , but not against himself , and his Father never being Feear of the Estate , his Bond could never be a Consent of the Vassal , neither can the Consent of any Tutor , or lawful Administrator be sufficient to give such a Consent , which is not an Act of Office or Administration ; and as to the Infeftment taken by Major Ballantine , First , The simple taking of Infeftmen from a Lord of Erection by the Vassals of Kirk-lands , cannot import their passing from the King , and the benefit of the Act of Annexation , so that they may not return to the King thereafter , neither can it be such a Consent as it is meant in this Act of Parliament , otherwise the King and the Leidges should both losse the benefit of the Annexation , seing most part of the Vassals have continued to take Infeftment of the Lords of Erection , through ignorance or inadvertance , finding their Infeftments flowing from the Lords of Erection , and in respect that the Lords of Erection have still Right to the Feu-duties till they be Redeemed , which being a common Error that they may safely so do till the Redemption , and yet may still take Infeftment from the King when they please , it were a very evil consequence , if thereupon they should not only lose the benefit to be Vassals to the King , but by disclamation lose the Property . 2dly , As to this case it cannot be presumed , but Major Ballantine is in the same case with other Vassals of Kirk-lands , and also in this much better case , that he is in a manifest and palpable Error , in so far as the Disposition that he takes from the Apprizers , bears expresly that the Apprizers are informed that the Marquess of Hamiltoun was Superior , and their Procuratory bears warrand , either to Resign in the Kings hands , or the Marquess hands , or in the hands of any other lawful Superior , and Blackwoods Procuratory in the Contract of Marriage , bears warrand to Resign in the hands of the King , the Marquess of Hamiltoun , or the Earl of Roxburgh , who had Right of Erection before the Marquess or any other lawful Superior , so that by Resigning in the Marquess hand , it is evident that the Resigner and the Major believed that the Marquess was Superior , whereas he was not , any Right he then had being absolutely null by the Act of Annexation , 1633. and the King was the only Superior ; yea , by the taking of that Infeftment he incurred disclamation , unless it were excused by his error , but the Consent requisit here must be such , as the Party knowing the King was his Superior , did choose to interject another Superior , and become his perpetual Vassal . It was answered for the Pursuer , that the acceptance of the Infeftment as it is now stated can be no Error , because it is evidenced by the Apprizers Rights now produced , that they hold of the King , and were Infeft by him , and yet the Major took the Infeftment upon their Resignation in the Dukes hands ; likeas the Rights produced relate to the Right of Annexation , which being a most publick Law , and recent at that time , cannot be thought but to be known to any at that time , & ignorantia juris neminem excusat . It was answered , that the Error was the greater that the Apprizers Infeftment was holden of the King , seing in their Disposition and Procuratory they mention they were informed the Marquess was Superior , and therefore the Procuratory is to Resign in the hands of the King , the Marquess or any other lawful Superior , and the other Procuratory is in the like Terms , so that the Accepter of the Writs did not intend , nor do any new or free Deed in favours of the Marquess , but did only that Deed that they supposed was necessar , and so did not by this Infeftment make the Marquess Superior , as that his Right should be valide by their Consent , but did take the Right from the Marquess , as being Superior before they took it , which was an palpable Error , so prejudicial to them that it might infer disclamation , if it were not excusable upon Error , and if it had been intended that the Major minded to make the Marquess his Superior , where he was not , there is no doubt but it would have been exprest in the Right it self , being so great a deference to the Marquess , and would not have been past over in common Form ; neither can it be thought that this was procured by the Marquess upon accompt and favouring the Major , the Infeftment being granted by the Lady Marquess , as her sons Commissioner , he being then in England , and having no great influence then being the time of the Troubles of the Countrey . It was answered , that the other Vassals of that Barony did voluntarly Accept the Marquess as their Superior , and gave Bonds for that purpose , which are produced , and it is most like that Blackwood hath given Bond , which hath been lost or given up to him upon taking this Infeftment , which is an implement thereof . The Lords did not see that the single taking of the Infeftment from a Lord of the Erection , did import his Consent to become Vassal thereby for ever , or that he might not thereafter return to the King , neither did they find such a Consent as is meant in the Act of Parliament , but considering the whole Circumstances of this Case , and especially the Fathers clear Bond , who procured and settled the Controverted Right of this Estate for his Son , then an Infant , they found there was no Error , but a choise of the Marquess to be Superior in place of the King , and therefore declared . Lesly contra Cunningham , Eodem die . LEsly having Arrested certain Sums for payment of a Tack-duty due to him . It was alleadged for the Party , in whose hands Arrestment was made , that the Arrestment could not reach any further , then for the Tack-duty Arrested , which was due the time of the Arrestment , but not for any Term following the Arrestment , because Arrestment being a Legal Execution , can no more proceed upon a Debt , before the Term that the Debt be due then Apprizing ; and further alleadged , that they had made payment of the subsequent Terms to the Debitor , which they were in bona fide to do , knowing no Law nor Custom to the contrare . The Lords Repelled the Defense , and found the Arrestment to be valide for that Terms Duty that was then running , and found that the Arrestment was rather like to an Inhibition then an Apprizing , which gave present payment . Scot of Hartwood-mires contra November 6. 1669. SCot of Hartwood-mires gave in a Bill of Suspension of a Decreet in foro● which the Ordinar reported to the Lords ; the Reason of Suspension was , that he being Conveened as Representing his Father , to pay the Debt in question , for which his Father was Cautioner , he offered to prove payment , denying alwise the passive Titles , and having proven the most part payed , by Discharges granted to the Principal Debitor , he was Decerned for the rest , and now offers to Renunce to be Heir to his Father , conform to his Protestation in the first Act. It was answered , that the Defense of payment does never suffer the proponer to deny the passive Titles , or put the Pursuer to a necessity to prove them , by the constant custom , founded upon good Reason , because the proponing upon any positive Right of the Defuncts is a behaviour as Heir , and in the Act of ●i●is contestation , a Term is only assigned to the Defender to prove payment ▪ and the Protestation in effect is rejected , because there is no Term therein assigned to the Pursuer to prove the passive Titles , in case the Defender failed to prove payment , neither could there be any by our Custom . The Lords refused the Suspension , and found that the offer to prove payment , Liberated the Pursuer from proving the passive Titles . Lady Towy contra Captain Barclay , November 9. 1669. THe Lady Towy having pursued Improbation of a Bond of an bundreth thousand Pounds , alleadged granted by the Umquhile Laird of Towy to Captain Barclay , and of a Disposition of the Estate of Towy , alleadged made by the Tutor of Towy , the day after the Laird of Towy died , at the Barns of Towy , which Tutor fell Heir-male to the Laird , who had only one Daughter ; the foresaid Bond and Disposition being produced Judicially before by Captain Barclay , though not in this Process , he refused now to produce the same , but suffered Certification to be granted against it . The question having arisen whether any further Process could be in the Improbation , in respect that the principal Writs were not produced , but Copies bearing the Tenor , Date , and Witnes●es insert . The Lords the last Session did Examine Captain Barclay , and Steel one of the Witnesses insert , and certain others , and Steel confessing the Forgery , and Captain Barclay denying the same after he was Confronted with Steel , and denying the having of the principal Writs , the Lords sent Captain Barclay and Steel to the Tolbooth of Edinburgh , to be keeped there till the Event of the Plea , or further Order , and did thereafter permit Steel to come out upon sufficient Caution for a great Sum , and the other Witnesses inserted being Sumonned , and not Compearing . The Lords granted Caption against them , and gave Commission to certain Persons to search for them , and now Iohn Rosse the other VVitness in the Disposition , and Alexander Ferguson who filled up the Date , and Witnesses , both in the Disposition and Bond , and Subscribed Witness to the Bond , and insert himself as VVitness in the Disposition , but Subscribed not as VVitness in the Disposition , being brought to the Bar. It was alleadged for Captain Barclay , that the saids VVitnesses could not be Examined , First , Because there was now no Process depending , in respect that the Improbation which was only civilly intented , was determined by the Decreet of Certification , which now is Extracted , and albeit the Lords did before Examine Captain Barclay and Steel , yet the Process was then depending , and the Certification not Extracted . 2dly , It was alleadged that Rosse and Fergusson were not habile VVitnesses , having appeared most partial upon the Pursuers part , having stayed a long time with her in her House , Et prodiderunt Testimonia , in so far as not only they had declared what they would depone , but that they had set the samine under their hands , and that by their said Subscription they acknowledged themselves accessory to the Forgery , and so by their confession they are socij criminis , and being culpable of so great a Crime are infamous , and their Testimonies can make no Faith against any but themselves . It was answered for the Pursuer , that Improbations ( even civilly intented ) are not totally determined by the Certification , which is of its own nature but an Interlocutor Sentence , and if the Pursuer should notwithstanding thereof find out , and produce the Principal Writ , he might proceed to the Improving thereof , it being very well consistent , that it might be holden , and repute false by the Certification , and might also be proven to be false ; and though the Pursuer could not produce the Writ , yet the Process is not wholly determined by the Certification , but it may be justly desired that all evidences of the Forgery that were possible , without production of the Writ , might be taken to remain in retentis , in case the Principal should after be found , for there might be clandestine Assignations of the Writs made by Barclay , and Intimat at the Pursuers Dwelling-house , or Forged and Antedated Intimations made up , so that the Certification would not be effectual against the Assigney's , and though Parties should not insist , the Kings Advocat who is also Pursuer of the Process might insist , that the VVitnesses might be Examined , for detecting of the Forgery ; and there could be no case more favourable then this , wherein Captain Barclay had Judicially produced the VVrits , and now wilfully refuses to produce the same , and if Forgers shall escape , and be in no more hazard , but suffer Certification , though they have burnt , or wilfully keep up the VVrits , it will be an open Door to encourage all Forgerers , neither have the VVitnesses betrayed their Testimonies , albeit being Examined by the Lord Fivy , a Nobleman in the Countrey , one of them did Subscribe , who had just ground to think that it was no voluntar Deed , but that the Lord Fivy might have sufficient Authority for that effect ; but whatever objections were against VVitnesses , they are ever Received in Improbations , and the Lords at Advising of the Cause do consider what their Testimonies may work , at which time only it will be proper to object . The Lords notwithstanding these alleadgeances , Examined the VVitnesses . Rosse acknowledged that he being Servant to Captain Barclay , he called him up to Subscribe VVitness to a VVrit , but told him not about what it was , nor did not let him hear nor see what was written therein , but rolled it up , and presented only to him the white paper , near about the end of the VVrit , and desired him to Subscribe VVitness , and he saying that he could not be VVitness , because he saw no body Subscribe , the Captain answered , that that was nothing to him , and that he should stand betwixt him and all danger , and that he would be loath to bid him do any thing would do him harm , whereupon he did Subscribe as VVitness , and saw not the Tutor Subscribe at all , nor saw not his Name put to the VVrit at that time , and that this was not at the Barns of Towy , the time of the Lairds Death , as the Date of the Paper bears , but at Achready five weeks thereafter . Ferguson Deponed that Captain Barclay having been his Tutor , he induced him to VVrite over the Bond of 100000. Pounds , whereof he had formerly gotten a Draught from Iames Midletoun Notar , wherein Debitor , Creditor , Sums and Date were blank ▪ and that he filled up Umquh●●● Towy Debitor , and the Captain Creditor , and the Sum 100000. Pound , and put in a Date as if it had been before the Lairds Sickness , albeit it was truly after his Death , and that the Captain shew him Towies Subscription in a Letter , and caused him feinz●e it to the Bond as near as he could ; and likewise Depones that the Captains Brother was the other VVitness , but that he saw not what the Deponent had done , nor knew not thereof ; He also Deponed that he filled up the Date , and insert the VVitnesses in the Disposition of the Estate of Towy , at the Captains desire , and made the Date to be at the Barns of Towy , at the Lairds Death , albeit it was done at Achready , about a Month or twenty days thereafter , and that there was no Subscription put thereto at that time , but that the Captain told him that he would get the Tutor to put his Hand to it thereafter , and that the Deponent refused to Subscribe VVitness , because the Tutors Name was not thereat . Upon these Testimonies both these VVitnesses and Steel , who was formerly out upon Bail , were put in Prison . Henderson contra Anderson , November 18. 1669. HEwat having made a general Disposition of his whole Goods and Geir to Anderson , and thereafter having Disponed to Henderson , his Creditor Henderson pursues Anderson for Reduction of his Disposition , as being fraudulent in prejudice of Creditors , without any equivalent Cause Onerous , contrare to the Act of Parliament , 1621. against fraudulent Dispositions . The Defender , a●leadged that the Reason was not Relevant upon the said Act , because Hewat and Anderson were not conjunct persons , and because his Disposition buir an Onerous Cause , viz. for Sums due to himself , and for 2000. Merks , and other Sums , for which he was Cautioner for Hewat , and gave in a condescendence of the particular Sums , and offered not only to Depone thereupon himself , but to astruct the same by the Oath of Hewats Creditors to whom he payed . The Pursuer answered , that albeit ordinarly Dispositions amongst persons not conjunct , bearing Causes Onerous were sufficient , yet this Disposition being manifestly fraudulent , in that it is omnium bonorum , which the Receiver thereof could not but know to be in prejudice of the Disponers other Creditors , to whom there was nothing left , and so is particeps fraudis ; and likewise the Sum of 2000. Merks , which is the only Cause specially exprest , being instructed to be false by Discharges of the most part of that Sum by the Creditor to Hewat himself , the remainder of the Cause being general , ought to be instructed not by Andersons Oath , but by sufficient Probation , at least the verity of the Debt by Hewats Oath , and the payment thereof by the Oaths of Hewats Creditors , to whom it was payed , and that it wa . payed by Anderson before the Disposition , at least that he was bound for payment thereof before the Disposition . The Defender answered , that Dispositions of Moveables are valide without any VVrit , especially before any Diligegence done by the Pursuer , and if these who acquire Moveables were obliged to instruct the Cause otherwise then by their own Oaths , all Commerce would cease , and the Defender having taken a Disposition in VVrit , can be in no worse case then if he had none . The Lords having considered the Defenders condescendence , found that what wa● due to the Defender himself by Hewat before the Disposition , should be sufficiently instructed by Anderson's own Oath ; but as to what was due to him , or payed by him for H●wat , after the Disposition , and before any Right or Diligence of Hendersons , that the same should also be allowed , being instructed by Howats Oath , and these who received the Sums , and that accordingly Anderson should accompt for the whole Goods he meddled with , and pay the superplus thereof to Henderson the Pursuer , over and above the saids Articles . The Creditors of Cowper and Balmerino contra My Lady Cowper . November 25. 1669. THe Deceast Lord Cowper having made a Disposition of his whole Estate in Fee to his Lady , and thereby having excluded the Lord Balmerino , his appearand Heir therein , Balmerino being unwillingly to Enter Heir to Cowper , before he knew whether the Disposition would stand or not , moves some of Cowpers Creditors , and some of his own Creditors having Charged him to Enter Heir to Cowper , to insist in the Reduction of the Disposition , made to the Lady , as being done by Cowper , in lecto agritudinis . It was alleadged for the Lady no Process , at the Creditors of Cowpers Instance : First , Because they insist only upon Personal Bonds , granted by the Lord Cowper , and have no real Right to the Land , and so cannot Reduce a real Right , but upon a real Right : So till they have Apprized the Lands they have no Interest . 2dly , Albeit Cowpers Creditors might Reduce the Disposition , as betwixt conjunct Persons , without an onerous Cause , yet not upon the Reason , ex lecto , because that is a priviledge particularly competent to Heirs , but not to Creditors , as they are Creditors , unless by real Diligences , they state themselves in place of the Heir , and so make use of his Right and Priviledge . It was answered for the Pursuers , that in that they were Creditors , they had sufficient interest to crave it to be declared , that the Estate of Cowper should be Affected with Apprizings upon Cowpers Debts due to them , notwithstanding this Disposition , which is all the Effect of this Reduction ; and as they may , without any real Right , Reduce , or Declare as aforesaid upon the Act of Parliament 1621. against fraudulent Dispositions , so they may declare that any Disposition done on Death-bed , as it could not prejudge the Heir , so it cannot prejudge the Creditors of the Defunct , or his appearand Heir , but that they may affect the said Estate , with their Legal Diligences . It was answered for the Defender , that she repeats the former Defense . And further alleadges , that she is content to take off the interest of Cowpers own Creditors , and to Declare that the Disposition shall be burdened with their Debts : but adhered to her Defense against Balmerino's Creditors , who , though they produce an Apprizing , yet it is posterior to the Summons , and their Personal Debts can be no sufficient Title , nor is there any produced . It was answered for Cowpers Creditors , that the Declarator in their favours was no way sufficient , nor would not give them a real Right , nor prevent the Diligence of other Creditors . 2dly , If they had a good interest to Reduce , and thereupon to Apprize , no offer could take away that interest but payment . The Lords found the Creditors had sufficient Interest upon their Personal Bonds to insist upon the Reduction , ex capite lecti ; but they found that a real Security given to Cowpers Creditors , equivalent to an Apprizing , and Infeftment was sufficient to exclude their Interest . Monteith of Car●ubber contra Margaret Boyd . December 2. 1669 UMquhil Mr. Robert Boyd of Kips , dying Infeft in the Lands of Kips , and Gourmyre , and in a Miln , and having left two Daughters Heirs portioners , the younger having Married Monteith of Carrubber being dead , her Son and Heir raised a Brief of Division against the eldest Sister , whereupon Division was made in this manner , viz. The Rent of the Miln being Rated at a 100. pound the Chalder , being more than the Rent of the Land , the whole Land was set on the one part , and the Miln on the other , and because the Mansion-House belonged to the eldest Sister , the Land was Adjudged to her , and the Miln Adjudged to the other , and the superplus of the Rent of the Miln allowed , in satisfaction of the youngest Sisters Interest in the House . Carrubber raises Reduction of this Division , upon these Reasons : First , That the Lands ought to have been divided in two shares , and the House likewise , having convenient Rooms and Lodgings for both Families , in which they have Dwelt these 20. years , and not to have Adjudged the Miln only to him , stating the Victual , being only Meal , at a 100. pound the Chalder , far above the just value ; and stating the Miln-Rent equivalent to the Land-Rent , which is subject to many more Contingencies ▪ and Expenses in upholding the Miln , and difficulties in recovering the Rent ; and in the common estimation , is not accounted equivalent to Land Rent ; so that he is enormly les'd , and offered a 1000 merks to Margaret the eldest Daughter , to exchange shares , albeit the Rent of either share be but about three Chalders of Victual . The Defender answered , that the Reasons of Reduction were no way Relevant , because all Divisions ought to proceed , as is most convenient for either Party , and where least is left undivided● ▪ and the Division it self cannot have a precise Rule , but is in arbitrio of the Inquest , who were knowing Gentlemen of the Neighbourhead , and upon Oath ; so that unless the Lesion were ultra dimidium justi valoris , it cannot be recalled , seing an Inquest has the irrecoverable determination of Life and Death , which is of far greater moment than this , and this Division proceeded upon Carrubbers own Process , and the Inquest was called by himself . And albeit it be true , that if the Division could have been made , by giving both a share of the Lands , and a share of the Milns , if there had been more Milns , it might have been more equal ; but here , if the Land had been Divided , the Miln behoved to have remained for ever Common , and so the Division not be compleat . Likeas , the Miln lies at a distance from the Land , and near to Carrubbers own Land , and is not a casual Rent , arising from free Multures , but has the whole Barrony of Torphichen astricted by Infeftment ; and the Defender is willing to give 2500. merks for each Chalder of the Miln Rent , which is the ordinary rate of Land Rent ; and the reason why there was no Cavel , or Lot , was because the eldest Sister falling the Mansion House by Law , she behoved to have the Land therewith . The Lords Sustained the Reasons , and Ordained a new Commission for a new Division ; here the Lords would not consider the Points severally , whether the Mansion House ought to have been Adjudged to the eldest Sister , and a Recompence to the second : Or whether such a House , being no Tower nor Fortalice , but which would be comprehended as a Pertinent of the Land , gave no preference ; so that Lots ought to have been cast upon the Division : Or whether the House could be divided , per contignaliones : Or whether the Miln , though it had been truly Rated , could have been put to answer the whole Land : Or that the Land behoved to be divided , and the Miln remain common ; but only generally , the Lords gave a new Commission for a new Division . Weavers of Pearth contra Weavers at the Bridge-end of Pearth December 4. 1669. THE Weavers of Pearth having pursued the Weavers at the Bridge-end , upon the 154. Act , Par. 1592. prohibiting Trads-men in the Suburbs of Burghs , to exercise their Trades , whereof mention is made , Iuly 21. 1669. The Defenders were then assoilzied . Now the Pursuers further alleadge , whereas it was then represented , that that Act had never taken effect , but was in desuetude . They now produce a Decreet of the Lords , at the instance of the Weavers of Edinburgh , against the Weavers of the Suburbs compearing , Decerning them to desist , and cease from bringing any of their Work within the Liberties of Edinburgh , and from coming within the same to receive Work ; and that upon the same Act of Parliament which cleares , that the same is not in desuetude , and it is founded upon a most just , and necessar Ground , viz. That Trads-men within Burgh pay Stent for their Trade , which were impossible for them to do , if the same Trads-men were permitted in the Suburbs , who might work cheaper then they , not being lyable to Stent . The Lords Explained their former Interlocutor , and declared , conform to the foresaid Decreet of the Town of Edinburgh , viz. That Weavers in Suburbs might serve any in the Landward , but might not come within the Liberties of the Burgh , for taking up the Work of the Burgesses , in prejudice of the Free-men , who were Free-men of the Burgh . Iohn Iaffray contra Alexander Iaffray and Doctor Iaffray his Son. Eodem die . JOhn Iaffray , late Provost of Aberdeen , pursues a Declarator of the Escheat and Liferent of Alexander Iaffray his Brother . Compearance is made for Doctor Iaffray , Son to the Rebel , who produced a prior Gift , with general and special Declarator , and alleadges no Declarator at the Pursuers instance , upon this posterior Gift , because the Right is fully Established in his Person , by the prior Gift and Declarators . The Pursuer answered , First , That the Doctors Gift is simulat to the Rebels behove , and so accresced to the Pursuer , which appears from these Evidences ; First , That the Doctor is the Rebels own Son. 2dly , That it is retenta possessione , the Doctor having suffered his Father to possess for many years . 3dly , It was offered to be proven , per membra curiae of the Exchequer , that the Gift was purchased by the Rebels Means and Moyen , and severally it was offered to be proven by the Doctors , and his Fathers Oath conjunctim , that he had given a Back-bond , declaring the Gift to be to his Fathers behove . It was answered for the Doctor , to the first , that the Grounds of Simulation were no way Relevant ; for albeit he was the Rebels Son , yet he had means of his own , and was not in his Family ; and albeit he were not eager , to put his Father out of Possession of his House and Lands : yet his continuance of Possession is not Relevant , unless it had been to his death , or for a longer time : but any delay that was , is because it is but of late , that the Doctor hath obtained special Declarator , till which , he was not in capacity to discontinue his Fathers Possession : Neither can Members of Court be admitted to prove , that the Father wared out the Expence , and procured the Gift , because the Doctor , at the passing of the Gift , gave a Back-bond , that he being satisfied of the Debts due to him , and the Expences thereof , there should be place for the Rebels Creditors , and did make Faith at the passing of the Gift , that it was to his own behove , after which , no Winesses can be admitted against him , nor any other presumptive Probation , of the simulation of the Gift . Which the Lords found Relevant , and found also the Pursuers Reply upon the Back-bond alleadged granted by the Doctor to his Father , Relevant to be proven by the Doctors Oath only . Sir Iohn Vrquhart Supplicant . December 7. 1669. SIr Iohn Vrquhart gave in a Supplication to the Lords , bearing , that he being Cited before the Council , upon several alleadged Riots , and fearing that he might be excluded from appearing in his own defense , by hornings against him ; therefore desired that the Lords would grant Suspension of all Hornings against him , ad hunc effectum only to give him personam standi in judicio , but prejudice to the Creditors of all other execution . Which desire the Lords granted as to all Hornings he should condescend upon . Pittrichie contra Laird of Geight . December 15. 1669. MAitland of Pittrichie having obtained the Gift of Recognition from the King , of certain Waird-lands , held by the Laird of Geight , of His Majesty , pursues Declarator of Recognition upon Geights Alienation of the Lands , wherein compearance was made for the Purchasers thereof , who alleadged Absolvitor , because the time of their Alienation by the Law , and custom in force for the time , Such Alienations without consent of the Superiour were valide . The Pursuer answered , that any Law or Custom that then was , is now Annulled and Rescinded , as from the beginning ▪ The Defender answered , that no Laws of whatsoever Tenor , can be drawn back by invalidat Deeds , done by the Law and Custom for the time , especially as to Matters Penal , such as Recognitions , so that Parties having acted bona fide , according to any thing they could know for a Rule , cannot fall in the Penalty and certification of Recognition , which imports a contempt of the Superiour , and cannot be inferred by any Deed legal for the time . The Pursuer answered , that the contempt is the same , when the Vassal alie● nat● his Fee , without the Superiours consent ; and when such Alienations being by Law become void , and the Superiours Right of Recognition revived , the Vassal did not after that time crave the Superiours Confirmation as Heir : so he Laird of Geight having never sought Confirmation from the King since His Restauration ; it is no less contempt , than if since the Kings Restauration he had Alienat , especially seing the King refuses Confirmation to none who demand it . It was answered for the Purchasers , that the Vassal being Denuded in their favour , according to the Law standing for the time , his fault cannot lose their Right ; for though he should collude against them , yet that ought not to prejudge them , and there being no obliegment upon the Vassal to seek a Confirmation , to the behove of the Purchasers , they cannot be prejudged , for not obtaining the same . The Pursuer answered , that the Purchasers might have craved the Kings Confirmation of their Right , both for themselves , and in name of Geight the immediat Vassal , which Geight neither would , nor could oppose . The Lords Repelled the Defenses in respect of the Reply , that no Confirmation was craved , neither by the Vassal nor Purchasers , his Sub-vassals , which they might have done if they had pleased , and therefore declared the Lands to be Recognosced . Innes contra Innes . Ianuary 5. 1670. Innes having granted an Assignation of an Heretable Bond of 6000. merks , 4000. merks thereof to Robert Innes his eldest Son , and 2000. merks thereof to William and Ianet Inness his younger Children , and in case of Roberts Decease , providing his part amongst the rest equally ; Ianes having died before Robert , her Heirs and Roberts Heirs compet for the sum , for Robert died without Children , and William as Heir to Robert , claimed the whole sum upon this Ground , that Ianet being substitute by the Father to Robert , without any mention of Ianets heirs , Ianet having died before Robert , she had never right , and her Substitution became absolutely void , and her Heirs not being exprest , this Substitution cannot extend to them , because , though ordinarly Heirs are comprehended , though not exprest , qui acquirit sibi acquirit suis , yet here is no Acquisition , but a voluntary Substitution , whereby it may be rationally conjectured , the mind of the Defunct was , that he would prefer Ianet to Roberts Heirs of line , not being Heirs of his Body ; but not that he would prefer Ianets Heirs , which were a degree further from his own other Bairns . And the case of Substitutions in the Roman Law was urged , that if the Substitute died before the Institute , the Substitutes Heirs have never place . It was answered , that Institutions and Substitutions with us , do far differ from the Roman Substitutions , whereby if the Institute succeed , the Substitute has never place as Heir to the Institute , but the Institutes Heirs whatsomever , which failing , the Institute is there interpret so , that if the Institute never be Heir , then the Substitute has place , as Heir of Tailzie , and provision to the Substitute ; so that here Ianets Heirs are Heirs to Robert , who had no Heirs of his Body , and do exclude William his Brother : and though Ianets Heirs be not mentioned , yet they are understood and comprehended , because in Tailzies and Provisions , there uses never to be an Institution or Substitution of a single person , without the Heirs of their Body . And though there be some singular Cases , in which Heirs not being exprest , are not comprehended , this is none of them . It was further alleadged for William , that William and Ianet being Substitute joyntly , Ianet deceasing before Robert , her share accresces to him , jure accrescendi ex conjuncta substitutione . It was answered , that there is here only substitutio conjuncta verbis , but disjuncta rebus , for the sum is declared to belong to William and Ianet equally , so that each of them has but Right to a half . The Lords preferred the Heirs of Ianet , and found that they had Right as Heirs of Provision to Robert , and that they ought to be served to him , and not to Ianet , who had never Right her self , having died before she was , or could be Heir to Robert. Elizabeth and Anna Boids . contra Iames Boid of Temple . Ianuary 6. 1670. JAmes Boid of Temple in his Contract of Marriage , and in a Bond of Provision relative thereto , became oblieged to pay to the Bairns of the Marriage beside the Heir the sum of 20000. merks at their age of 17. years , reserving his own Liferent . Elizabeth and Anna Boids , the only Bairnes of the Marriage , now after their Mothers Death , and age of seventeen , do with concourse of their Husbands , pursue their Father to imploy the said sum of 20000. merks to himself in Liferent , and them in Fee. The Defender alleadged Absolvitor , because the Pursuers can have no Interest in this Provision , being expresly conceived in favours of the Bairns of the Marriage , beside the Heir : Itaest , The Pursuers are the Heirs appearand of the Marriage , there being no Sons , and will succeed to the Estate by the Contract , and so cannot demand the Provision made to the other Bairns , for if there had been a Son of the Marriage only , he could not have claimed this Clause ; and the Pursuers can be in no better Case than he . It was answered , that in Contracts of Marriage , the meaning of the Parties is chiefly to be respected , which has been , that in case there were an Heir-male , or Son of the Marriage , this Sum should belong to the remanent Bairns , and therefore it is conceived under the name of Heir in the singular number , and being introduced in favours of the Daughters , it ought not to be interpret against them , but that they may renunce to be Heirs , and be satisfied with this Provision only ; otherwise they may be absolutely excluded , the Fathers Estate being apprized by Iohn Boid , whose Legal is near to expire , and who makes use of the Fathers Name without his Warrand . It was answered , that Law allows not in any Contract to make up new Clauses , and seing the Provision is express in favours of the Bairns beside the Heir , it can never quadrat to thir Pursuers , who are the only Heirs . The Lords found the Provision not to be extended to the Pursuers , but because it was suggested , that the Father did not propone it . They desired the Ordinar to enquire , whether the pursuit was for the Father , and by his Warrand , that then they might consider , whether Iohn Boid the Appryzer could have interest to propone that alleadgeance . Ker of Cavers , and Scot of Golden-berrie Supplicants . Eodem die . KEr of Cavers , and Scot of Golden-berrie being Arbit●ators nominat by a Submission , did by Bill crave Warrand from the Lords to authorize them , to summond Witnesses to compear , and Depone before them in the Cause in which they were Arbiters . Which the Lords granted . Iean Ker contra Downie . Ianuary 7. 1670. JEan Ker having set a House in Edinburgh to Downie for nine Pound ten Shillings Sterling ; She obtains Decreet against him therefore : He Suspends on this Reason , that within 48. hours after he took the House , he did by Instrument give it over , which is the ordinar custom of Burghs , where there is no Writ , to quite the Bargain within a short space , unless some offer interveen , medio tempore , by which the Party is damnified . The Charger answered , that this House having been taken but fourteen days before the Term , there is neither Law nor Custom allowing either Party to give over or resile , there being then no competent time to set again : For albeit Houses sometimes are given over when they are taken , and quite before Warning time , when the ordinar occasion of setting to others may occur ; yet that cannot be drawn to this case , and the Instrument of over-giving , was only by Downies Wife , who shew no Warrand . The Suspender answered , that there was no difference , whether the House was taken before warning time , or after , seing the Law gives locum penitentiae , or some small time , which must take place in either case . 2dly , Albeit the Charger had not been obliged to accept the over-giving , yet de facto , she has accepted it , because it is offered to be proven , that she set the House to another , and took Earnest thereupon , which did import that she quite the first Bargain , seing at once she could not set it to two . 3dly , Albeit offer was made of the Keys at the Term , yet it is offered to be proven , that the House was not void , but that the former Tennents Goods remained therein . The Lords Repelled the first Reason of Suspension , upon the over-giving but found that Member Relevant , that the House being given over , the same was set to another , and earnest taken therupon ; but found that Point , that the Tennents Goods , who possessed formerly , were not removed , not Relevant , in respect of the Custom in Edinburgh , not to remove peremptorly at the Term. Mr. Laurence Charters contra Parochioners of Curry . Ianuary 8. 1670. MR. Laurence Charters , as Executor Confirmed to Mr. Iohn Charters Minister of Currie his Father pursues the Parochioners for 1000. Pound for the Melioration of the Manse of Currie , conform to the Act of Parliament , 1661. which is drawn back to the Rescinded Act of Parliament , 1649. It was alleadged by the Parochioners , Absolvitor . First , Because the Meliorations of the Manse were long before any of these Acts , which do only relate to Meliorations to be made thereafter ; and for any thing done before adificium solo cedit , and it must be presumed to be done by the Minister animo donandi , there being no Law when he did it , by which he could expect satisfaction . 2dly , Several of the Defenders are singular Successors , and so are not lyable for Reparations done before they were Heretors . The Pursuer answered , that albeit these Reparations were done before the year 1649. yet there being subsequent Acts of Parliament , obliging the Heretors to make the Manses worth 1000. pounds , if these former Reparations had not been made , the Heretors of this Paroch would have been necessitate to make up the same , and so in quantum sunt lucrati tenentur . 2dly , The saids Acts of Parliament contained two Points , one is , that whereas the intrant Minister payed to his Predecessor 500. merks for the Manse , and his Executors were to receive the same from his Successor ; the saids Acts ordained the Heretors to free the Successor , as to which the present Heretors can have no pretence , and as to the alleadgeance , that they are singular Successors , the Acts oblige Heretors , without distinction , whether they are singular Successors , or not . The Lords found the Parochioners only lyable for the 500. merks payed by the Minister at his Entry ▪ and found , that at the time of the Reparation , the Parochioners not being lyable , were not then lucrati , and are not lyable by the subsequent Acts , which extend not ad praeterita , neither did they find the singular Successors lyable , but that the Heretors for the time were only obliged . Scot contra Murray . Eodem die . IN a Process betwixt Scot and Murray ; a Husband having granted a Tack of his Wifes Liferent Lands , and the Wife having promised after his death , never to quarrel that Tack ; yet thereafter insisting against the Tennents , who alleadged upon the said promise , it was answered , that it being but a verbal Promise , not in Writ , it can be no more effectual , than if it had been a verbal Tack , which is only effectual for a year , and thereafter , the Setter may resile . It was answered , that here there is a Tack by the Husband for several years , and the Wifes promise never to quarrel it , needs no Solemnity in Writ , but is valid , as pactum de non petendo , or de non repugnando . The Lords found the Wifes Promise effectual , and that she might not resile during the years of the Tack . Lady Lucia Hamiltoun contra The Lands of Dunlap and Pitcon , and the Creditors of Hay of Montcastle . Ianuary 15. 1670. LAdy Lucia Hamiltoun being assigned to a Bond of 4400. merks , grantted by George Hay of Montcastle , to the Earl of Abercorn , she Inhibits the said George , and Denunces , and Apprizes his Lands of Birklands and others , and thereupon pursues Reduction against Dunlap , and Pitcon , and certain other Creditors , in favours of whom , there is a Disposition granted of the saids Lands by George Hay , and ins●sts on this Reason , that albeit the Disposition bear , to be for sums of Money , and Causes onerous ; yet by a Clause therein , it is expresly declared , that it is granted to Dunlap and Pitcon , for satisfying of the Debts due to them : and to the effect they may sell the Lands for payment , and satisfaction of the said Iohn Hay , his other Creditors under-written , for the sums after-specified : after which words , there was left a large blank , which by ocular inspection , is now filled up with another hand , than he who Wrote the Body of the Disposition : and which Article so filled up , is in the same case , as if it had been set upon the Margent and subscribed , or as if it had been in a several Writ , wanting Witnesses , and cannot be holden to be of the same date of the Disposition , but must be presumed to have been filled up after the Pursuers Inhibition , and after she had Denunced and Apprized the Lands ; and therefore as to these Creditors so filled up , their Rights which are granted by Dunlap and Pit●on , the intrusted Persons , long after the Pursuers Inhibition and Appryzing , the same ought to be Reduced . It was alleadged for the Creditors Defenders , that the reason , as it is qualified , is no ways Relevant against them . First , Because the Disposition granted to Dunlap and Pitcon , being of the whole Lands , and they Infest accordingly , being long before the Pursuers Inhibition and Appryzing ; and the said Disposition and Infeftment , being to the Creditors behove , albeit their Subaltern Rights from Dunlap and Pitcon , be posterior , nihil referi : And whereas it is alleadged , that their Names and Sums are filled up in the blank , after the Inhibition and Appryzing with another hand , and so must be presumed of another date . It is answered , that the Subscription at the Foot and Body of a Writ , did necessarly infer , that the whole blanks were then filled up , unless the contrary be proven , neither uses the Names of fillers up of blanks to be exprest , and it cannot be presumed , that any man in prudence would subscribe a blank Writ , till the blanks were first filled up . 2dly , Though it could be proven that the blank was filled up after the Inhibition , yet the general Terms of the Clause being insert , a principio , with the same hand , viz. for satisfaction of the said George his Creditors , it is sufficient , although the particulars were insert after . 3dly , It is offered to be proven , if need beis by the Oaths of Dunlap . Pitcon , and the Witnesses insert , that before the subscribing of this Disposition , thir Creditors filled up , were particularly comm●ned on to be filled up , and no other . The Pursuer answered , that there being here pregnant Evidences of Fraud , by interposing intrusted persons , and preferring of some Creditors to others by the Debitor , who was Insolvent , and had no more Estate , in that case the filling up of the blanks must be presumed fraudulent and posterior , unless the Creditors prove it was truly● filled up before the Inhibition , otherwise it opens a Door to all Insolvent Persons in this manner , to exclude any of their Creditors from payment , and to have such Clauses ambulatory at their pleasure : Neither doth the general part of the Clause suffice , unless it had been in favours of the Disponers Creditors generally , or indefinitly , which would have comprehended the Pursuer ; but it being only of the Creditors under-written , if these were not under-written till after the Inhibition they , have no place : And as for any verbal Communing or Agreement , it cannot be effectual , until it be redacted into Write , which was not till after the Inhibition . The Lords found that the blank being filled up with another hand , and so substantial a Clause , and the Writer not being exprest at the foot , that it was to be presumed , to be posterior to the Inhibition , unless the Creditors prove by the Witnesses insert , or others above exception , that it was truly insert before the Inhibition and Apprizing , wherein they would not admit the Oaths of the Persons intrusted , and they had no respect to the alleadgeance , that it was Communed and Agreed upon before the Subscription . Doctor Balfour and his Spouse contra Mr. William Wood. Ianuary 18. 1670. UMquhil Mr. Iames Wood having been Tutor to his Wifes Daughter , she being now Married to Doctor Balfour , they pursue Mr. William Wood , as Representing his Father for a Tutor accompt ; in which Accompt , the Auditors reported these Points . 1. The Pursuer insisted for the whole sums , bearing Annualrent , whereof no part belongs to the Wife , as Relict , she being excluded by the Act of Parliament . The Defender answered , that he opponed the Testament , and Confirmation unreduced , whereby there is a Tripartite Division of the whole Sums , and the Relict has one Third , which belonged to the Defunct Tutor , her Husband , jure mariti . The Lords Repelled this alleadgeance , and found that the Errour of the Confirmation was Corrigible without Reduction . 2. The Defender alleadged that he was not comptable for the Annualrent of one of the Sums acclaimed , because by the Bond , it was provided in Liferent to the Relict , whereto his Father had right , jure mariti . It was answered , that the Tutor had given several Discharges of that Annualrent as Tutor , and not as Husband , and so had Homologat and acknowledged the Pupils right to the Annualrent . It was answered , that the Discharge was so granted by errour and mistake , & falsa designatio non obest ubi constat dere and offered to prove by the Bond , that the Wife was Liferenter . Which the Lords found Relevant . Andrew Hadden contra Nicol Campbel . Ianuary 25. 1670. ANdrew Hadden having Charged Nicol Campbel upon a Bond Subscribed by him as Cautioner for Samuel Meikle Gold-smith . Nicol Campbel Suspends , and raises Reduction on this Ground , that he being an illiterate man , and could not subscribe , he was induced to be Cautioner for Samuel Meikle , but on these express Terms , that he should only be Cautioner for 1200. merks , and accordingly he gave order to the two Nottars , to subscribe for him as Cautioner for 1200. merks . The said Andrew Hadden the Creditor , being then present at the Warrand and Subscription , and yet a far greater Sum is filled up in the Bond , which he offers to prove by the two Nottars , the Witnesses insert , and the Communers . The Charger answered , that he oppones his Bond , being a clear liquid Bond in Writ , which cannot be taken away by Witnesses . The Suspender answered , that albeit regularly , Writ cannot be taken away by Witnesses , yet Fraud or Circumvention , or the Terms of Agreement , and Communing in Contracts , are always probable by the Oaths of the Communers , Writer , and the Witnesses insert . The Lords would not receive the Reason to be proven in the ordinar way by Witnesses , but ex officio , ordained the Communers , Nottars , and Witnesses to be Examined , that they might consider the clearness , and pregnancy of their Testimonies , whether this Writ was Read to the Suspender , when he gave Warrand to Subscribe , and what was Read for the Sum , and on what Terms he gave Warrand to Subscribe . Mr. Iohn Mcqueen contra Marquess of Douglass , and Mr. Peter Pearson . January 26. 1670. MR. Iohn Mcqueen having been Minister at Carmichael , and Trainsported to Edinburgh , he continued to serve the Cure at Carmichael , till March 1669 and pursues the Marquess for the half years Stipend 1669. Compearance is made for Mr. Peter Pearson his Successor , who alleadged that he is presented in Ianuary to the whole Stipend 1669. and thereby has Right ; and Mcqueen was Transported before Ianuary 1669. and though he continued to Preach till February or March , yet being Transported , he was no more Minister , and did not Preach till the compleat Sowing , or Whitsonday , which is the legal Term for half a years Stipend of Transported Ministers . It was answered for Mr. Mcqueen , that Pearson not being Admitted Minister till August 1669. can have no right to a Term anterior , and the Patrons Presentation can give him no right , because the Patron has now no power of the vaccand Stipend . The Lords preferred Mcqueen , seing nothing was alleadged for the Collector of the Vaccand Stipends , who , it is like , might have excluded both , for at Whitsonday , neither of them was in officio , or beneficio , Relict of Mr. Patrick She●ls contra Parochioners of West-Calder . Eodem die . MR. Patrick Sh●ils having been Minister of West-Calder , he was Suspended by the Synod and Bishop , for not coming to the Presbyteries and Synods , and the Act Suspended him ; ab officio , and bear , that if he did not come to the next Synod , they would proceed to Depose him , yet he was not Deposed , but continued three years in the Possession of the Manse , Gleib , and Stipend , his Wife now pursues for an Ann , the next Intrant being admitted within three Moneths after Mr. Patricks Death , alleadges she could have no Ann , because Mr. Patrick was Suspended ab officio & benefici● , and produces an Act of the Synod bearing so much , and the Relict produces that same Act Extracted , and Subscribed by umquhil Mr. George Hay , who was Clerk at the time , and bears only Suspension , ab officio , and the Intrants Act is Extracted by the present subsequent Clerk , and bears ab officio & beneficio . The Relict alleadged , that the Act produced by her , was the only Act intimate to Mr. Patrick , and which is Subscribed by the Clerk , who was Clerk to the principal Act it self , and accordingly Mr. Patrick was in bona fide , and did possesse three years after . The Lords adhered to that Act , and found the Ann due , and ordained the other Act to be keeped in retentis , that it might be compared with the Register , that he might be Cen●ured if he Extracted it wrong . Lady Towie contra Captain Barclay . Eodem die . THe Lady Towie insisted in the improbation of a Disposition , alleadged granted by the Tutor of Towie , whose Estate was provided to Heirs-male , but he had Disponed his Estate to the Pursuer his Daughter , upon which , no Infeftment had followed in his Life : And also for improving of a Bond of a hundreth and three thousand pound , alleadged granted by the Deceast Laird of Towie , both granted in favours of Captain William Barclay . In which Improbation , because the Writs were not produced , a Decreet of Certification , holding them as false and feinzied , and declaring them to make no Faith , was Pronounced and Extracted : and thereafter the Pursuer having desired , that Alexander Steil , and Iohn Ross , Witnesses insert in the Disposition , and Alexander Ferguson Writer , and Witnesses in the Disposition , and Witnesse in the Bond , should be Examined , lest by their Death , the means of Improbation should fail , in case the Writs were hereafter produced . Whereupon the Lords Examined the Witnesses , Steil and R●ss by their Depositions , acknowledged , that they being Servants to Captain Barclay , he had induced them to Subscribe as Witnesses to a Writ , which he had folded up , and did not Read to them ; but they saw that there was no Name , as a Subscription thereto , at that time , but the Captain told them , that he would get the Tutor of Towies Subscription thereto , and that he had thereafter dealt with them to bide by the Writ , as a true Writ ; and that albeit it bear date at the Barns of Towie , the day after the Laird died , yet that it was truly Subscribed at the Captains House of Achridie , about a Month thereafter , Ferguson did Depone , that he had Written over the said Disposition , and that it was Subscribed at Achridie about a Moneth after Towie died , and that he had insert himself Witness therein , but had not Subscribed as Witness ; and that he was insert , and Subscribing Witnesse in the said Bond , to which he Forged , and set to the hand of the Deceast Laird of Tow●e , at the desire of the Captain , whose Pupil he had been . The other Witness in the Bond was Richard Barclay , who appeared not : upon the foresaid Disposition Captain Barclay had made Resignation before the Lords of Exchequer , and the same had been produced by him , and made use of in Processes before the Lords , as appeared by the Subscribed Minute , by Mr. Alexander Birnie his Advocat , acknowledging the getting up of that Disposition from the Clerk , which he had produced for Captain Barclays interest , and which he had delivered to the Captain immediatly , as he had received the same from the Clerk. Captain Barclay's Goodson Arnage , was also Examined , who Depo●ed that he had received a Message from the Captain , to deal with the Witnesses to come over to Edinburgh , and bide by the Writs . Captain Barclay himself was also Examined upon Oath , and Confronted with the Witnesses , but he denyed all the foresaid Points in their Testimonies , and Deponed that the said William Steil being his Servant , had run away from him , and carryed away the said Disposition and Bond , and had gone over to the Lady Towie , and conspired with her for his destruction . The Tutor also being Examined upon Oath , acknowledged he had subscribed several Dispositions of the Estate of Towie , in favours of Captain Barclay , and that some of them were Subscribed , no Witnesses being present , but that he had bidden the Captain put in what Witnesses he pleased ; and that whereas before he had declared , that he had Subscribed no Disposition , yet he had done it , being in the power of the Lady Towies Friends , who told him that Captain Barclay being next Heir-male of Towie , had a mind to take his Life , which he found afterward not to be true , and was willing to do any Deed for conveying of the Estate to the Captain , seing he had no Heirs-male of his own . The Clerks of Exchequer , Advocats , and several Writers and their Servants , were also Examined upon Oath , anent the having of the said Disposition and Bond ; The Clerks of Exchequer Deponed that the Disposition was produced in Exchequer , and Resignation made thereon ; and the r●st Deponed , that they had seen the Disposition and Bond , and were Consulted thereupon by the Captain , but had given them back to him . Upon the whole Matter , the Pursuer craved , that now , seing there was sufficient Probation of the Forgery of the Writs , and that the Lords had produced before them a just double of the Disposition , presented to the Exchequer , that therefore the Lords would proceed to improve the same , and to declare that the same were false , and Forged by the Captain , and that they would remit him to the Justice General , according to the ordinary Custom in Improbations . It was answered for the Defender , that the Lords could not proceed to improve the Writs , because the Writs were not produced , and never any Writ in Scotland was improven , but when the principal Writ it self was produced ; neither can it otherwise be , for Improbation before the Lords , being ad effectum civilem , to take away the Writ , and Right therein , the same behoved alwayes to proceed upon a particular and individual Writ , which therefore behoved to be produced before the Lords and Witnesses ; for suppose it could be prove that a Write of such a date , and such a Tenor , was Fabricat , and Forged at such a time and place , which might in●er a Crime against the Forgers ; yet it could not take away all right by such a Writ , because there might be several Writs of the same Date ; and the making up and improving of a false Writ of such a Date , could not take away the true Writ of the same Date , unless the principal Writ it self had been produced , that the Judges and Witnesses might know that that was the very Writ in question . And therefore our Custom hath settled and fixed upon this Remeid , by allowing a Certification , that if the Writs called for to be Improven , were not produced , they should be holden and repute as false and feinzied , and should make no Faith : but did not find them proven to be Forged and Feinzied : but only to make no Faith , as if they had been fenzied , which in this Process has been done , and the Lords have neither Law nor Custom to do any further . 2dly , Albeit the Witnesses have by their own Testimonies declared themselves to be Forgers of false Writs , their Testimonies cannot prove that Captain Barclay was either Authour , or accessory to their Forgery ▪ because they are socij criminis , and have by their Testimony made themselves infamous , as Falsers ; and so there is no Faith to be given to their Testimonies , against any other but themselves : Besides , they have given partial Counsel to the Pursuer , and have betrayed their Testimonies , by voluntarly coming to them , and declaring what they would Depone ; and therefore the Lords can neither Improve the Writs , nor Remit Captain Barclay to the Justice , as a Falser . The Pursuer answered , that albeit the ordinar Course in Improbations , be only Certification , when the Writs are not produced : yet there is nothing to hinder the Lords to use extraordinary Remeids , in extraordinary Cases ; and there can be no Case more extraordinar than this , where there is an evident Tract of Forgery , for taking away a considerable Estate of sixscore Chalders of Victual Improven by the very Witnesses insert , and that the Writs have not been produced . It is the Defenders own fault , who knowing them to be false , wilfully Abstracts the same , and it will be a very great incouragement to Forgery , if the Forger knew that all his hazard will be , to suffer Certification , if his Forgery take not ; Neither were ever Witnesses in Improbation of Writs , exclude in the Civil Process , as being socij criminis : But if they acknowledge the Forgery thereof , they were Improved , though they themselves were accessory to the Forgery , otherwise if Witnesses can be induced to Subscribe as Witnesses to a forged Subscription , there were no possibility of Remeid , seing it cannot be thought , they would suffer any other to be present , or that the Forger himself would consess . The Lords refused to proceed to Improve the Writs , not being produced , or to Remit the Parties to the Justice : But they did Declare , that by the Processes , they found Steil , Ross , and Ferguson , the Witnesses to be guilty of Forgery , by their own Confession ; and that they found Captain Barclay had made use of the VVrits , acknowledged to have been Forged , and therefore ordained these of their number , that were upon the Privy Council , to Represent the Case to the Council , that they might cognos●e what furder Censure they saw just to be Inflicted : and it was the privat opinion of most of the Lords , that at least the Witnesses , and Barclay himself should be banished : But they found it not proper for them to express their opinion ; or prelimit the Council . But withal , the Lords found the Probation adduced , sufficient to Declare Captain Barclay and the VVitnesses infamous , and did Declare them such accordingly . Iames Watson contra Agnes Simpson . February 1. 1670. AGnes Simpson being Infeft by umquhil Alexander Stewart her Husband in Liferent , in an Annualrent of 40. pound yearly out of the Lands of La●ellethem , she in Anno 1657. obtained a Decreet of Poinding of the Ground , and the Tennents having Suspended on multiply Poinding calling her , and James Watson and others , wherein she is preferred in Anno 1666. to her Annualrent , for all years bygone , and in time coming . In which 〈◊〉 of multiple Poinding , Watson was absent . Watson making use of the names of the Tennents , does raise a second Suspension , Anno 1668. wherein he is called on the one part , and the said Agnes Simpson on the other part , which now coming to be Discust ; it was alleadged for the said Iames Watson , that the Decreet of multiple Poinding against him , being in absence , he ought now to be heard upon his Right , which is a publick Infeftment , long before the Liferenters base Infeftment , or before it was cled with Possession . It was answered , that by the express Act of Parliament , anent double Poindings , It is Declared , that where parties are called , and compear not , but intent Reduction of the Decreet , that they shall never be heard against the Decreet , or what the obtainer thereof has uplifted , unles● they shew a sufficient Cause of their absence ; and that the obtainer of the Decreet shall only be obliged to answer the other Party in the second instance , according to the Right , which is then competent in his Pe●son , and the obtainer of the Decreet shall have undoubted Right to the Mails and Duties , ay and while he be warned at the instance of the other Party , and better Right shown , as is clear by the Act of Parliament , 1584. cap. 3. So that Watson having yet raised no Reduction of the Decreet of multiple Poinding , preferring Simpson , but only a second Suspension in name of the Tennents , who Suspended before , the said Agnes Simpson her Decreet standing , and her Right standing thereby , cannot be taken away , till in a Reduction Watson produce a better Right . It was answered , that Watson does not contend for the years lifted by Simpson , or for any years prior to his second Suspension , albeit he does produce an unquestionable Right , that would exclude her from all ; yet in regard of the Act of Parliament , he is sati●fied she be preferred , for all years , till he in his second Suspension , produce his Rights ; but alleadges that he needs not raise Reduction , because the Act of Parliament does not require the same , but any Complaint or Process is thereby sufficient ; Neither does the ordinar course of Law require a Reduction of a Decreet in absence , but a Suspension alone is sufficient ; and if he be put to a Reduction , his unquestionable Right will be excluded for all years bygone , and ay and while he raise his Reduction , and produce his Right . It was answered , that albeit the ordinar course requires not Reduction of Decreets in absence , yet the Act of Parliament requires the same , because in the Narrative , it expresly mentions , that the party absent in the double Poinding , uses to raise Reduction : And in the Statutory part , it mentions , that the other Parties Complaint shall be heard in the second instance , which is always understood to be Reduction or Declarator , and in a second Suspension . The Lords found that Reduction was necessary to take away a Decreet of multiple Poinding in absence , and that a second Suspension was not sufficient , and therefore preferred Simpson , and found the Letters orderly proceeded , but prejudice to Watson to raise his Reduction for the Duties in time coming . Alexander Jack contra Collonel Borthwick . February 2. 1670. ALexander Jack alleadging that he Subscribed a blank to have been filled up in a Bond of Cautionry , in a Suspension , which was found among the Writs of umquhil George Jack , as a blank Paper , who lived several years thereafter ; and after his Decease , his Relict finding the same , caused fill up in the blank , a Bond of ten thousand pound , as being borrowed from Thomas Boid of Pinkill , and is now in the Person of Collonel B●r●hwick , who having Charged thereupon , the said Alexander Jack Suspended , and raised Reduction on this Reason , that he had never any medling , or borrowing with the said Thomas Boyd ; but that the said Bond was a blank Paper , found among the Writs of the said Deceast George Jack , and neither he nor the said Alexander were ever worth so great a sum : and now seing Collonel Borthwich did not insist in his Charge ; Jack was necessitate to proceed to take away the Bond , and craved that the Lords would Examine Witnesses , ex officio , upon the truth of this Reason . The Lords ordained the Writer , and the Witnesses to be first Examined , ex officio , and thereafter other VVitnesses , as the Lords should see Cause . Earl of Kinghorn contra The Laird of Pittarro . February 3. 1670. THe Earl of Kinghorn pursues a Declarator of the nullity of a Bond of 1000. merks granted by his Father ▪ and now standing in the name of Pi●tarro , as Creditor on this Ground , that he never borrowed the sum from Pittarro , nor delivered this Bond to him ; but having Trusted umquhil Alexander Keith , as his ordinar Agent and Writer , with this Bond , blank in the Sum and Date , to have borrowed Money upon the same , took never effect , but remained so blank in the hands of Alexander Keith , for many years , till his Death , and thereafter in his Relicts hands , till her Death , and after her Death the blank was filled up , by John Bane her Brother , and the Date made in Anno 1647. whereas the Bond mentions Alber as Cautioner , who Died before the year 1640. whereupon Pittarro's Oath , and the Oath of Alexander Keith , Friend to the said umquhil , Alexander being taken , Pittarro acknowledged that the Bond was blank , and filled up by the said John Bane , as the Reason bears , and that he received the same by advice of this Alexander Keith , in satisfaction of 1000. merks , and 40. pound due to Pittarro , by Mr. Roger Mowat , and lifted from him by umquhil Alexander Keith , by Pittarro's Warrand , for which he obtained Decreet against Alexander Keith his Executrix before the Commissars , now produced in Process , and proceeding upon a missive Letter of umquhil Alexander Keiths , acknowledging the Debt . It was answered for Pittarro , that by the Bond produced , it was clear that his Name was in the Bond , ab initio , as Creditor , and was not filled up , ex post facto , neither was there any wrong in filling up this Sum , because he having already proven , that Alexander Keith had uplifted the like Sum of his from Mr. Roger Mowat , and that my Lord Kinghorn being Debitor to Keith in considerable Sums of Money , payed to his Creditors , conform to Discharges produced in Process , Alexander Keith might lawfully have filled up the Sum in the Bond , for Repayment of Pittarro , whose Money he had uplifted , and any Friend of his had done my Lord Kinghorn no wrong , seing thereby he would be exonered of the like Sum to Keith , and was content yet to Compt and Reckon with Kinghorn , for Alexander Keith , and to Restrict his Sum , to what shall be found due by the umquhil Earl of Kinghorn to Keith . Likeas , this Alexander Keith by his Oath in Process Depones that he heard that umquhil Alexander Keith , on his Death-bed Declared , that Kinghorn was Debitor to him in nine thousand merks : and therefore he thought it no fault to fill up the blank in this Bond. It was answered for Kinghorn , that albeit umquhil Alexander Keith was trusted by the umquhil Earl of Kinghorn with this blank Bond , that Trust being meerly personal to him . It was a most unwarrantable trinkating for any other after his Death , to fill up the Bond , especially seing neither by Testament , nor any other Writ umquhil Alexander Keith , who only was intrusted , and who lived many years after , and was no ways surprised with Death , did signifie that the Money was borrowed from Pittarro , or taken from any of his Creditors and applyed to Kinghorn's use , and the hear-say of this Alexander Keith is of no moment : and if any thing be due by Kinghorn to Keith , the Pursuer Represents his Father as Heir , and shall answer Pittarro , or any Executor or Creditor of Keiths , whenever he shall be pursued : but cannot be insisted against , upon this Bond , so unwarrantably filled up . The Lords found the Declarator Relevant and Proven , and therefore Decerned the said Bond null , reserving Action against Kinghorn , upon any Debt due by Kinghorn to Keith as accords . Tutor of Colzean contra The nearest of Kin of the Pupil . February 5. 1670. THe Tutor of Colzean having cited the nearest of Kin of his Pupil , to hear and see it found and declared , that the Pupils Lands were set too high , and could not be keeped at these Rates , and that the Tennents were in Arreir before his Tutory in great Sums , which if he should exact , would cast the Land waste ; and that it was for the good of the Pupil , to set the Land at lower Rates , which it might be able to pay , and to quite so much of the Arreirs , as the Tennents might pay the rest , and be able to continue and Possess . There being no compearance , the Lords gave Commission to certain Gentlemen in the Countrey to Examine the Rate of the Land , and the conditions of the Tennents , who have reported several of the Rooms to be too high set , and what ought to be given down , and what behoved to be quite to each Tennent , that was deep in Arreir , to inable him to pay the rest , and L●bour the Ground . The Lords approved the Report , with these Qualifications , First , That the Tutor should Discharge nothing simply , but only till the Pupillarity were past , that himself and Curators might then proceed as they saw Cause , and that the Tutor , before any Abatement of the Rooms , should cause make Intimation at the Mercat Cross of the Jurisdiction , and at the Paroch Church that such Lands were to be set , at such a place , such a day , and whoever bade most for them , being sufficient Tennents , should have them , and that at the said day , if a better Rate were not gotten , the Tutor might then , or thereafter , set at the Rates contained in the Commission . Daniel Cathcart contra Mccorquodail and Mr. Iames Mirk . February 8. 1670. Mccorquodail having Married the Daughter of Mr. James Mirk , he , and the Barron of Mccorquodail his Brother , are obliged to pay yearly 600. merks to the Wife , after the Husbands Death : and Mr. James Mirk is obliged to pay to Mccorquodail 7000. merks of Tocher : Mccorquodail being Debitor to Daniel Cathcart Writer in Edinburgh in 600. merks . He arrests the Tocher in Mirks hands , and pursues to make forthcoming , and for instructing , produces the foresaid Contract of Marriage . It was alleadged for Mirk that he is not obliged to pay , or make furthcoming the Tocher , unless his Daughter were secured in her Jointer , for the Tocher and Jointer being the mutual causes of the Contract ; neither Mccorquodail nor any deriving Right from him by Assignation , or Arrestment , can demand the Tocher till they secure the Jointer , and that exception is Relevant , both against Mccorquodail and his Assignies . It was answered for the Pursuer , that if it had been provided by the Contract , that the Tocher should have been employed for the Wifes security , the Defense had been Relevant , or there might be some pretence , if there were an obligement upon the Husband to secure the Wife in Land or Annualrent for 600. Merks . But the Contracters having agreed for no security for the future , but having agreed upon a Personal security , viz. of the Husband and his Brother , the Husbands part of the Contract is performed , and the Husband is no ways Creditor till his Death . Which the Lords found Relevant , and in respect of the conception of the Contract as aforesaid , Repelled the Defense , and Decerned . Iohn Scot contra Alexander Cheisly and David Thomson , February 9. 1670. IOhn Scot pursues a Declarator of Circumvention against Alexander Cheisly , and David Thomson , bearing that Alexander Cheisly having a Processe against the Magistrats of Glasgow , for alleadged hindering the Executing of a Decreet , and imprisoning him , and being in an evil Condition in his Means , he proposed to the said Iohn Scot his Good-brother , that he must make use of his Name as Assigney to that Process , lest his Creditors might affect any thing that might be obtained thereby , and that Iohn Scot should give a Back-bond , declaring that his Name was put in the Assignation upon Trust. In stead of which Back-bond , he caused draw up a Bond , bearing that forsomuch as Alexander Cheisly had Assigned Iohn Scot to a Process against the Town of Glasgow therefore , and for other good Causes and Considerations . Iohn Scot obliges him to pay to a blank Person 3850. Merks , in which Bond Alex●nder Cheisly , filled up David Thomsons Name , and which Bond was obtained by Alexander Cheisly , by gross Circumvention upon the absolute Trust the said Iohn Scot reposed upon the said Alexander , for clearing whereof he condescends on these Points , viz. that the said Iohn Scot was Goodbrother to the said Alexander Cheisly , had been his Prentice , and the said Alexander was his Curator , and the said Iohn Scot is known to be a simple Person , and the said Alexander Cheisly to be a subtile Person , ready to take advantage : Likeas it is evident that he did take advantage of the said Iohn Scot , about that same time , pretending that he was more able to act Iohn Scots Affairs then himself , he procured Assignation from Iohn Scot to Bonds of twenty eight thousand Merks , and put in the Assignation● Clause of absolute Warrandice , albeit by a Back-bond of the same Date , it be clear that the Assignation was only granted for Love and Favour , and for Agenting the Matter , and that the one half should belong to Cheisly for his pains , and the other to Scot , but prejudice to Scots obligements in the Assignation , which could be no other but the Warrandice , whereby albeit Cheisly knew that a part of the Debts were payed to Scots Father , and a part was insolvent , and that Scot who was Assigney by his Mother as Executrix , had no more himself but Warrandice from her Deed , yet by the absolute Warrandice he intended to be sure of the one half of the Sums , although it s known that hardly the half will be recovered , whereby Cheisly should have all , and Scot who freely granted the Assignation should have nothing , but less than nothing , by being obliged to make up the half , though so much were not recovered of the whole . 2dly , All the pretence of the Plea against Glasgow could never amount to 3850. Merks , yet the Bond is conceived for absolute payment of that Sum , albeit it was a meer Plea , depending many years , and Debated without success . 3dly , Cheisly himself did ever keep the Process and Assignation , and did transact the Plea , or a great part thereof with the Magistrats of Glasgow , and got payment . In this pursuit there was no Compearance for Cheisly , but it was alleadged for David Thomson , that whatever had past betwixt Cheisly and Scot , no ground of Circumvention betwixt them could be Relevant to take away his Right , who seeing the blank Bond filled up with his Name by Cheisly , before it was brought to him , and given to him for Debt due to him by Cheisly , and he being nowayes particeps fraudis , Cheislies Fraud or Circumvention cannot prejudge him , for albeit Extortion vi majori be vitium reale , that follows the Right to all singular Successors , yet fraud is not , and reaches none but participes fraudis , both by the Act of Parliament 1621. and by the civil Law. L. It was answered for Scot , that albeit it be true that an Assigney for an O●erous Cause cannot be prejudged by the Oath of his Cedent , and consequently by no Circumvention probable by his Oath ; yet in Personal Rights an Assigney is in no better case then the Cedent , nisi quoad modum probandi , but what is relevant against the Cedent , and competent to be proven , either by Writ or Witnesses is competent against the Assigney , so that the Circumvention against Cheisly being inferred by pregnant Evidences and Witnesses , and not by his Oath , it must be effectual against Thomson , whose Name being filled up by Cheisly , is in effect Cheislies Assigney , for so all blank Bonds are commonly found by the Lords to have the same effect with an Assignation . 2dly , Assignies without an Onerous Cause , even as to the Oath of the Cedent , or any other consideration are in no better case nor the Cedent ; but here there is no Onerous Cause appears , for which Cheisly transmits this Right to Thomson , for the Bond ●ears not that for Sums of Money due by Cheisly to Thomson , or any other Cause Onerous on Thomsons part , that Scot should be obliged at Cheislies desire to pay Thomson , but only that because Cheisly had Assigned a Process to Scot , therefore Scot becomes obliged to pay to Thomson . 3dly , As there is no Cause Onerous instructed on Thomsons part , so his own Oath de calumnia being taken , renders the matter most suspitious , by which he acknowledges he got the Bond from Cheisly , and that Cheisly was not then his Debitor for so great a Sum as in the Bond , but that by payments made to him , and for him , thereafter he became his Debitor in an equivalent Sum , but Depones that he hath nothing to instruct the Debt , nor no Note thereof in his Compt Book , though he be an exact Merchant and Factor , so that there is no Evidence or Adminicle of an Onerous Cause instructed . And lastly , Albeit Parties getting blank Bonds bearing borrowed Money from the blank Person , whosoevers Name is filled up , the Bond then bears the Sums borrowed from him whose Name is filled up , and cannot be taken away but by his Writ or his Oath , but this Bond bears only a Process Assigned by Cheisly , and no borrowed Money , or other Cause by Thomson , and Thomson living in the same Town with Scot whom he knew , and is commonly known to be a simple Person , and Cheisly a subdolous , he ought before accepting of the Bond to have acquainted Scot of the filling up of his Name , and if he had any thing to say , and cannot now pretend that he acted bona fide , but either must be in dolo or in lata culpa , quae dolo aequiparatur . The Lords found that having considered the Tenor of the Bond , and Thomsons Oath , Thomson was in the same condition as to the relevancy and probation of the Reasons of Circumvention against Cheisly , and therefore found the Libel Relevant against them both to annul the Bond , the Apprizings , and Infeftment , and all that had followed thereupon . Naper contra Gordon of Grange , Feb. 12. 1670. IOhn Naper , as Representing his Father , did Pursue William Gordon of Grange , as Representing Hugh his Father , for payment of 2000. Merks , due by the said Umquhile Hugh his Bond , and upon the said Williams Renuncing to be Heir , obtaind Adjudication of the Lands of Grange and others , in so far as might belong to the said Umquhile Hugh his Debitor , his Heirs ; and thereupon did Pursue the Tennents for Mails and Duties . In which Action , it was alleadged for William Gordon , now of Grange , that he stands Infeft by Disposition from the said Umquhile Hugh Gordon of Grange , his Father , for Onerous Causes , and Sums of Money undertaken , and payed for his Father , which was found Relevant ; and to evite the same the said Iohn Naper raised Reduction of Grange's Right granted by his Father , ex capite Inhibitionis , raised against his Father upon the said Bond , before the Disposition made to this Grange ; which Inhibition being produced this day fourtnight , it was alleadged for Grange that the samine was null , because the Executions buir not a Copy to have been lest at the Mercat Cross , at the publication of the Inhibition , which the Lords found Relevant , and now the Pursuer insisted on this Reason , that the Disposition though it buir Onerous Causes , yet being after the Contracting of his Debt , by a Father to a Son , the Narrative bearing the Cause thereof , is not Probative against a third Party , but the same must yet be instructed . Which the Lords Sustained , and ordained Grange to produce the Instructions thereof . William Lowry contra Sir Iohn Drummond , Feb. 18. 1670. UMquhile Sir Robert Drummond of Meidup , having Disponed the Lands of Scotstoun to Sir Iohn Drummond of Burnbank ; Mr. Iohn Drummond Writer in Edinburgh , his Grand Nevoy , intending to Reduce that Disposition as on Death-bed , grants a Bond to William Lowry of 12000. Merks , who thereupon having Charged the said Mr. Iohn to enter Heir in special to the Lands of Scotstoun , to the said Sir Robert his Grand Uncle , Apprizes from him all the Right of the Lands , that might be competent to him , if he were entered Heir , and thereupon raises Reduction of Sir Iohn his Right , as being granted by Sir Robert on Death-bed , in prejudice of his nearest Heirs , in whose place the Pursuer now is by the Apprizing . It was alleadged for the Defender , no Process upon any Charge to enter Heir against Mr. Iohn Drummond , because he is not the nearest appearand Heir , but has an elder Brother living . The Pursuer answered , that the said elder Brother had gone out of the Countrey 18. years agoe , and was commonly holden and repute Dead ; likeas he produced a Missive of one Crei●htoun his Commerad in the War abroad , bearing the Circumstances of his Sickness , Death and Burial , Dated Iuly 6. 1667. It was answered , that semel vivus semper presumitur vivus nis● contrarium probetur , and what was alleadged could be no probation , but some probabilities of Death . The Pursuer answered , that the brokard is but presumptio juris , and not presumptio juris & de jure , and therefore only trans●ert onus probandi , which Probation may be valid without Witnesses , by such adminicles as the Lords shall find sufficient , which are here sufficiently alleadged , viz. long Absence , common Fame , and a Missive Letter . The Lords found that eighteen years Absence , and being holden and repute Dead , was sufficient Probation to take off the presumption of Life , unless a stronger Probation for the Parties being on Life were showen , then the naked presumption thereof . Lauchlen Lesly contra Guthry . Feb. 19. 1670. LAuchlen Lesly having Fraughted a Ship belonging to Bailly Guthry in Dundee , to carry a Loadning of Wheat and Oats from Athol to Leith , the Skipper did put in by the way at Dundee , and there the Ship received a Crush by another Ship , whereby the Salt-water entered amongst the Victual , and thereupon the Owners and Skipper caused Disloaden the Victual , and put it up in Lofts , and Bailly Guthry the next day after the Crush , gave notice to Robert Lesly in Dundee , Lauchlens Correspondent , and who made the Bargain for him , to make it known to Lauchlen what had befallen the Ship and Loadning , who within two dayes after came to Dundee and was required to Receive the Victual , which he refused , and by the Probation adduced in this Cause it was found that it was the Skippers Fault , that he had put in to Dundee , and so he and the Owners were found lyable for the damnage and interest of the Merchants , and that the Merchants should be only obliged to take back that Part of the Victual that was unspoiled , and the Owners should be lyable for the Price of the whole as it would have given at Leith , if the Skipper had keeped his Course , deducing the Price of the sufficient Victual as it now gives , and a Commission being granted to certain Persons in Dundee to visit the Victual , and to see what condition it was in , they reported that 36. Bolls of it was sufficient Mercatable Wheat ▪ and that the Oats was damnisied in 20 Shilling the Boll , and as to the rest , two reported that it would yet be Brisket for Ships , or Houshold Servants , and two reported that it was spoiled , but spake nothing further . The question arose to the Lords upon the Commission at the Advising thereof , whether the Owners and Skipper should be lyable for the damnage that was done before the Advertisement given to the Merchant , or for the damnage that ensued thereafter , because the Victual being laid together , without separating the wet from the dry , had het and spoiled thereafter , and if it had been separat at first , the damnage would have been very litle , and so the question was , whether the Owners and Skipper were obliged to have separat the wet from the dry , and so to have offered it to the Merchant , or if the offer in general to the Merchant to receive the Victual was sufficient , though he did not desire them to separat the wet from the dry , or that they did not offer satisfaction , or security for the damnage of what was wet . The Lords found that seing the damnage had fallen after , and through the occasion of the Skippers delay , he and the Owners were obliged to separat the wet from the dry , and to have used diligence to prevent future damnage , wherein having failzied , they found them lyable for the whole damnage , both before and after the offer ; the next question arose was , whether the Skipper and Owners were obliged to take the spoiled Victual , and pay the Price thereof , as if it had been sufficient , or if the Merchant was obliged to take it , and the Owners to make up the damnage . The Lords found that seing the Victual remained yet in specie , and was not wholly Corrupted , but by the report appeared to be useful for Ship Brisket , and seing the property thereof still remained in the Merchant , , and the Owners were only lyable for damnage ; They ordained the Merchants to Receive the wet Victual , and gave Commission to the same Persons to report what it was worse then the Price it would have given at Leith , if the Voyage had held . The Countesse of Cassills contra The Earl of Cassills , February . 22. 1670. BY Contract of Marriage betwixt the Deceast Earl of Cassills and his Lady , he is obliged to Infeft her in certain Lands , with absolute Warrandice , and obliges him that the Lands did pay then , and several years before 6000. Merks of yearly Rent , beside Kanes and Customs , and over and above Teinds and Feu-duties , and if it shall please the Lady within six Moneths after the Earls Death , rather to choise six thousand Merks of free Rent , then to retain the Possession of the Land , and to give a Tack to his Heirs and Successors of the Liferent-lands : Then and in that case he obliges his Heirs and Successors to pay her 6000. Merks yearly . Therefore the Countesse has made it in her option , and offers to take , and Pursues the Earl her Son to pay yearly the said Sum of six thousand Merks of free Rent ; who alleadged , that albeit that Clause be mentioned to be free Rent , yet he must have allowance of Cess , Maintainance , and other publick Burdens , because by free Rent can only be understood , free of Teinds and Feu-duties , in respect that this being a Tack-duty for the Liferent-lands , the Lady thereby can be no further free , then if she enjoyed the whole Lands , which the Earl is only obliged to make worth 6000. Merks of yearly Rent , over and above Teind and Feu-duty ; but neither does it bear generally of free Rent , much less of publick Burdens , and therefore the subsequent Clause for the Tack-duty , albeit it bear free Rent , yet it can only be understood to be free of Teind and Feu-duty , and not to be free of publick Burden , which is further cleared by the Act of Parliament 1646. Ordaining all Liferenters to hear proportional Burden for any Annualrent , or Tack-duty belonging to them in Liferent , unlesse they were expresly freed of Maintainance . It was answered for the Countess , that she oppones the Clause of her Contract , bearing free Rent , without ●●nitation , and Contracts of Marriage are to be extended in favours of Women , and as to the Act 1646. the same is Repealed , and not Revived again . The Lords found that by the Contract of Marriage , the Countesse was no● free of Cesse and Maintainance , which were the only Points at In●●●●cutor ; But if any Debate arose concerning the ordinar● Taxation , or the Outrikes , or allowance to Militia Horse , the Lords would hear the Parties thereanent , and accordingly the next day found the Clause did free my Lady of the ordinar Taxation , Militia , and so much of the Cesse as the Tennents of the Lands payed to my Lord. Murray of Achtertire contra Sir Iohn Drummond , Eodem die . THe Deceast Earl of Tulli●airn having Wodset the Lands of Logy-Almond , to William Murray of ●chtertire , by a Contract of Wodset in February 1656. by which the Earl Assigns . Achtertire to the Mails and Duties of the Lands , due for the Cropt 1656. at Whitsunday or Martimess , or any other Term , and obliges him to Deliver to him the Keyes of the House , and to enter him in the Possession at Whitsunday 1656. The Earl having Sold the Lands to Sir Iohn Drummond , whose entry was to be at Whitsunday 1668. and having used an order of Redemption in the Earls Name , because the Reversion did not extend to the Earls Assignies , and having obtained Declarator , Decerning Achtertire to denude himself of the Lands , who in obedience of the Decreet grants a Renunciation , Reserving to himself the Mails and Duties for the Cropt and year 1667. Achtertire insists for the Duties of the Cropt 1667. which are payable at Martimess 1667. The way of payment of the Rent of those Lands , and many others being , that the Tennent enters at Whitsunday , and payes his Rent at Martimess thereafter for the whole year ; and if he remove at the next Whitsunday , he payes no Rent at that Term , but leaves his Corns Sowen by him upon the Ground , which he Shears after his removal . Whereupon it was alleadged by Sir Iohn Drummond , that this way of payment being aforehand Duty , whereby the Tennent payes at Martimess before he Sowes the Cropt , for the Cropt of the year of God subsequent to the Martimess , that therefore Sir Iohn entering at Whitsunday 1668. and having Right to the Duties due for the Cropt and year 1668. he has Right to the Duties due at Martimess 1667. because that Duty albeit not payable in the year 1668. yet is payable for the Cropt 1668. seing the Tennent if he were removing at Whitsunday 1668. would for the payment made at Martimess 1667. carry free with him without any payment , the whole Corns of the Cropt 1668. so that if Sir Iohn should enter to the void Possession of the Land at Whitsunday 1668. he should have no benefit of the Cropt 1668. but only of the Cropt 1669. It was answered for Achtertire , that he has the only Right to the Rent payable at Martimess 1667. and Sir Iohn can have no Right thereto , because his entry being but at Whitsunday 1668. he can have no Interest in the Cropt then Sown , and standing on the Ground , unto which no Buyer did ever pretend , but the Seller if he be in natural Possession , takes always with him his own growing Cropt , even after the Buyers enters into Possession , and so do all outgoing Tennents , and so did Achtertire at his entry , which being at Whitsunday 1656. he lifted the Duties due at Martimess thereafter , but lifted not the Martimess Duty of the Cropt 1655. payable before his Wodset , and therefore now he must lift the Rent due at Martimess 1657. or otherwise he wants a years Annualrent ; and if Sir Iohn Drummond should lift a years Rent due at Martimess 1667. and an other years Rent due at Martimess 1668. he should have two full years Rent of the Land within half a year of his entry , which was at Whitsunday 1668. and which can never be understood , except it had been clearly so expressed by the Parties , neither is there here any further forehand Duty , then what ordinarly Tennents paying Silver Rent , and not Inlayed or Rentalled Victual entering at Whitsunday do , for they pay the one half of there Rent at Martimess thereafter , and the next half at the Whitsunday following that Martimess , and for his years Rent they must have a years Cropt both of Grass and Corn , and all the difference here , is that the Rent due for the Possession from Whitsunday 1667. to Whitsunday 1668. is payable together at Martimess 1667. in the middle of the year , whereas if it had been according to the ordinar course of Silver Rent , being payable half at Martimess 1667. and half at Whitsunday 1668. Sir Iohn Drummond who entered but at the Whitsunday 1668. could have no Right to the Rent even payable at Whitsunday 1668. so neither can he claim it , when it is payable jointly at Martimess 1667. The Lords found that Achtertire had Right to the Rent payable at Martimess 1667. and that Sir Iohn Drummond had Right to no part thereof . Ierdan of Apilgirth contra Iohnstoun of Lockerby , Feb. 24. 1670. APilgirth having Apprized Lockerbies Estate , and pursuing on the Apprizing . Lockerby alleadged that the Apprizing was satisfied , at least he offered presently what was defective in this Accompt ; Lockerby alleadged upon a Wodset Right , whereof an order was used , whereupon the question arose , and was reported by the Auditor , whether after order used for Redemption of a proper Wodset , the Sums Consigned , being immediatly taken up by the Redeemer , and the Wodsetter remaining four , or five years in Possession thereafter , and Declarator of Redemption being obtained upon production of the Sums consigned , with the Annualrent from the Consignation , whether the Wodsetter had Right to the Mails and Duties , and might refuse his Annualrent , or if he behoved to accept of his Annualrent , and compt for the Mails and Duties . It was alleadged for the Wodsetter , that the Consignation was but simulat , and the Money remained not in the Consignators hand , so that he did justly retain the Possession , and so was not comptable for the Duties . The Lords found the Wodsetter comptable for the Duties , seing he had no objection against the legality or verity of the order , so that it was his fault that he keeped not the day of Consignation , and Received his Money conform to the premonition ; and that the user of the order did no wrong to take up the Money out of the Consignators hand , seing Consignations are upon peril of he Con●igner , he making the same forthcoming at the time of Declarator , with Annualrent since the Consignation . George Graham contra The Laird of Stainbires ▪ Feb. 26 , 1670. GEorge Graham Merchant in Edinburgh , Pursues the Laird of Stinbires for a Merchant Compt , taken off partly by his Umquhile Father before his Decease , and partly by his Factors and Servants thereafter . It was alleadged as to the Defuncts Part of the Accompt , the samine was not pursued within 3. years of the off-taking , and therefore it is only probable by Writ , or Oath of Party . The Pursuer answered , that he was ordinar Merchant to the Defunct for many years , and that this was a current Accompt to the Defunct and his Heir , the Defuncts Funerals having been taken off at his Death , and the other subsequent Furniture to the Heir always since , so that there is not three years betwixt that part of the Accompt that is for the Funerals , and the last of the current Accompt given off to the Defunct , and therefore it remains a current Accompt as to both . 2dly . There is not three● year betwixt that part of the Accompt furnished to the Defunct , and the Summons raised against his Heir , deducing the year and day in which the ●eir could not be Pursued which is intra annum deliberandi . The Defender answered , that the currency of an Accompt was never extended to a Defunct and his Heir , but only to one Person to exclude the prescription of probation by Witnesses , neither in this short prescription , is Minority , or any other incapacity to be deduced , and the Pursuer ought to have raised his Summonds intra annum deliberandi , though he could not have obtained Decreet , The Lords Sustained the Compt , both against the Defunct and Heir , as an current Accompt to be proven by Witnesses for the whole . Doctor Hay contra Marjory Iameson , Iune 8. 16670. DOctor Hay as Heir to his Father , who was distressed as Cautioner for Con of Artrachy , pursues a Reduction and Improbation of all Rights of the Lands of Artrachy , and others proceeding from Con , in favours of Iohn Stuart Advocat , William Neilson , Mr. Iohn Alexander , and Marjory Iameson his Relick , or Andrew Alexander Brother to Mr. Iohn , wherein there was produced an Apprizing against Con , at the instance of George Stuart● : Likewise a Liferent-seising of Helen Kinaird , Relick of Con , with a Liferent-tack to her of the Lands contained in the Seising , and also of other Lands , and another Tack of two nineteen years of the same Lands . There is also ▪ produced a Disposition of the Apprized Lands , by George Stuart to William Neilson , and because William Neilson failzied in payment of four thousand Merks of the price , George Apprized the Lands again from William Neilson , and upon all these Rights there is publick Infeftments ; there is also a second Apprizing , at the instance of Andrew Alexander , long after George Stuarts Apprizing from Neilson , but no Infeftment thereon ; and there is produced a Disposition by George Stuart as returning to the Right by the second Apprizing , made to Mr. Iohn Alexander Advocat , and by him to Marjory Iameson his Spouse , and publick Infeftments on these ▪ and there is a Decreet of Cerification Extracted contra non producta . And now the Doctor insists on this Reason of Reduction , that George Stuarts first Apprizing against Con the common Debitor was satis●ied , by Intromission within the Legal , and so is extinct , and all the subsequent Rights depending thereon fall therewith in consequence . It was alleadged for the Defenders , that George Stuart having in his Person the Apprizing , and finding Helen Kinaird ( Cons Relick ) in Possession of a great part of the Lands by Liferent infeftment , and a Liferent and two ninteen years Tacks , which would have excluded him ; he purchased Right and Assignation thereto from the Relick , and continued her Possession thereby , and did ascrive his Possession to the Liferenters Right , and not to the Apprizing , so that his intromission being by another , and more valide Title , could not be ascrived to the Apprizing to extinguish it . The Pursuer answered , that the Defense ought to be Repelled , because he had obtained Certification against the Defenders of all Rights not produced , and albeit the Liferenters Seising be produced yet the Warrand thereof ( the Charter or Precept ) was not produced , so that it is now declared as false and feinzied , and the Seising being only the Assertion of a Nottar without a Warrand , is no Title to which the Intromission can be ascrived , and therefore it must be ascrived wholly to the Apprizing . The Defenders answered , First , That albeit the Charter be now improven for not production , yet it being a true Evident , and now produced , the effect of the Certification cannot be drawen back , to make George Stuart countable , who Possessed bona fide cum titul● , which though now improven , yet the effect of the improbation can only be a sententia , lite contestata aut ●●ta ▪ before all which the Liferenter was Dead , and the intromission ended unless the Charter being produced , had been by Witnesses , or otherwayes proven to be false . 2dly , Albeit Certification be obtained against George Stuart and Marjory Iameson ; yet the Certification is not against Andrew Alexander , from whom Marjory hath purchased Right after the Certification , and produced the Appryzing at Andrews instance against Neilson , and alleadges , that albeit the Certification could take away George Stuarts Right , in so far as concerns Marjory Iameson , or her Authors , yet that being no annulling of their Right , by being Transmitted in favours of the Pursuer , but only as being void , through want of the necessary Evidents , it cannot impede Andrew Alexander , against whom no Certification is obtained , to Defend George Stuart his Authors Right , and to ascribe George his Possession to the Liferent , Infeftment , whereof he now produces the Charter . The Pursuer answered , that he was not obliged to take notice of Andrew Alexander● Right , because it was incompleat , no Infeftment following thereon : and because it was null , being deduced against Neilson , after Neilson was Denuded by the Appryzing led against him by George Stuart , and Infeftment thereon , so that the Pursuer having prevailed against George Stuarts Right , which is the only valide Right , and did exclude Andrew Alexander by the Rule vinco vincentem , &c. and if this were otherwise Sustained , no Improbation could be effectual , unless all the invalid and imperfect Rights were particularly improven , which cannot be known , and was never done . 3dly , Certification being Extracted against George Stuart himself , all Subaltern Rights flowing from him , fall in consequence , and so Andrew Alexanders Right , which is but incompleat and latent . The Defender answered , that albeit Andrew Alexander was not called , or Certification taken against him , as a party necessar , yet before Conclusion of the Cause , he has a good interest to produce his Appryzing , and to alleadge that the Certification against George Stuart his Author , who neglected to produce the Liferenters Charter , could not prejudge him , as deriving Right from George Stuart , as a singular Successor ; much less could the neglect or Collusion of Marjorie Iameson prejudge any other but her self : and therefore craved , that if the Lords would Sustain the Certification of the Liferent Charter against Marjorie Iameson , that it should be without prejudice to Andrew Alexander , as to his Right of the said Liferent , or to George Stuarts Right of the Liferent in so far as the same is Derived to Andrew Alexander . The Lords adhered to the Certification in so far as concerned Marjory Iameson , reserving Andrew Alexanders Right and his Authors , in so far as concerned Andrew Alexander as accords . This Cause being again Called the 9. of Iune , the Defenders ascribed their Possession to the Liferent , and two nineteen years Tacks , against which there was no Certification . The Pursuer answered , First , That the Liferenter having bruiked by a Liferent Infeftment , and having ascribed her Possession to it , it being improven , she could not ascribe her Possession to the Tacks , quia ex pluribus titulis ejusdem rei nemo fit Dominus . 2dly , George Stuart the Appryzer having both the Appryzing and these Liferent Rights in his Person , and not having declared his mind , by what Title he possessed , his Possession must be attribute titulo nobilioti , to the Apprizing , and his intromission imputed thereto , & duriori ●orti , as the Lords use ordinarly to do in ●dium of Appryzings , if the Appryzer adhere to the expyring of the Legal : but if the Defender will grant the Lands Redeemable , the Pursuer is content , that the Intromission be ascribed to the Liferent Right primo loco . The Defender answered , that though George Stuart Declared not by what Title he Possessed , yet his intromission must be ascribed potior● juri , to that Right which was preferable , and so to the Liferent , which would undoubtedly exclude his Appryzing : and therefore he acquired Right from the Liferenter , being then in Possession , and it is unquestionable , that any party who hath many Titles , though they first make use of one , if that be Reduced , they may make use of the rest , and so the Defender , in respect the Liferent Infeftment is improven , makes use of the Tacks . The Pursuer further alleadged , that the Tacks comprehended Lands not contained in the Contract of Marriage ; and as to there , it was a voluntar Deed granted by a Husband to his Wife , stante matrimonio , and Revocked by George Stuarts Appryzing , which is a legal Disposition in the same way , as if the Husband had Disponed to George : Likeas the Doctors Debt was anterior to these Tacks , so that George Stuart in so far cannot cloath himself with these defective Rights , against which his Appryzing would have prevailed . As to the superplus The Defender answered , that albeit the superplus were donatio , and that the Husband might recal it indirectly by a subsequent Disposition , it was never found that an Appryzing was such a Revocation . and albeit the Doctor might Reduce the Tacks , as to the superplus , being without an onerous Cause , after his Debt , yet that Reduction cannot take effect ante litem mot●m , to make the Liferenter , or George Stuart Comptable for the bygone Fruits , or which is equivalent to impute them in the Appryzing . The Lords found that the Defenders Intromission might be imputed to the Liferent Tacks , and not to the Appryzing , but as to the Superplus they were not clear , even to impute that in the Appryzing , upon the Considerations alleadged by the Defenders , but as to that , the hour prevented the Vote . Margaret Hunter contra The Creditors of John Peter . June ●1 . 1670. THere being a Competition betwixt Margaret Hunter , the Relict of umquhile John Peter and his Creditors , Appryzers or Adjudgers of his Lands in Anno 1658. The said Margaret produced an Infeftment by her Husband , of a yearly Annualrent of 700. merks , bearing to be for Implement of her Contract of Marriage ; which being also produced , by her Registra●● ▪ bear only to four thousand merks of Tocher , and an obligement , that upon payment of the Tocher , the Husband should Imploy the same , and four thousand merks more for her in Liferent ; whereupon the Creditors alleadged that her Infeftment behoved to be restricted to the Annualrent of eight thousand merks : And she having alleadged that her Contract was Vitiat after the Marriage , and did bear seven thousand merks of Tocher , and an Annualrent thereof , and of other seven for Joynture , the seven was made four , but that not being then instructed , the said Margaret was only preferred as to the Annualrent of eight thousand merks , but prejudice to her to prove any further , to have been in her Contract , and that the same was Vitiat . She now pursues a Declarator against the Creditors , that her Contract was altered , and Vitiat after the Marriage , and that she ought to have a Poinding of the Ground , for two hundreth and ten merks yearly , the times bygone , wherein her Infeftment of seven hundreth merks , exceeded the Annualrent of eight thousand merks , and which she yet wanted , and for the whole seven hundreth merks in time coming , whereupon Witnesses were adduced , for proving of the Vitiation , which they did prove . And it was now alleadged by the Creditors , that although the Contract was altered , yet she could have no more in their prejudice , but the annualrent of eight thousand merks , because the Contract was altered before it was Registrat ; and her Infeftment bears expresly for Implement of her Contract Registrat , which must import , that it was an Implement of the Contract as it was altered after the Registration , and not as it was before the Registration , seing it does not mention the particular Sum , either of eight , or fourteen thousand merks ; and the seven hundreth merks , is but fifty merks more than the Annualrent of eight thousand merks , at the time of the Infeftment . 2dly , The Contract was altered by consent of the Father and the Husband , Contracters , and if need beis , it is offered to be proven , that it was with the Relicts own consent , so that it was no Vitiation , but a warrantable alteration , 3dly , Albeit it had been unwarrantably altered , yet two Creditors having lent their Money to John Peter , bona fide ; and seing an Infeftment granted by her Husband in Implement of the Contract of Marriage Registrat ; and finding only in the Register eight thousand merks , and she having produced it , and made use thereof , and so Homologat the Contract altered , they could be prejudged , but she might pursue the Heirs of John Peter . 4thly , They having bruiked by their Infeftment and a Decreet , they cannot be lyable for the Repetition of bygones , nor cannot suffer their Ground to be Poynded therefore ▪ But this Declarator can only take effect a sententia aut lite mota . 5thly , Though the Vitiation were fully Sustained , John Peter was only obliged to Infeft her in an Annualrent , e●●e●ring to the Tocher , upon payment thereof , Ita est , the Tocher was never payed , and so she can only claim the Annualrent of seven thousand merks , which the Husband should have added to the Tocher . And albeit ordinarly such Clauses prejudge not the Wife , where the Tocher is not payed through the Husbands neglect , who is obliged to do Diligence for his Wife . Yet here it is offered to be proven , that the Relicts Father was insolvent the time of the Contract , and still thereafter ; so that no Diligence could have recovered it . It was answered for the Relict to the first , that albeit her Infeftment relate to the Contract which was Registrat , yet not to the Contract as it was Registrat , and the Husband having so great Trust , the Wife was not obliged to look to the Register or Extract , which was in her Fathers and Husbands Custody ; and by the Testimonies of the Witnesses it appears , that they have Colluded to abate both the Tocher and Joyntour , without her Consent . To the second , The Father and Husband not being sole Contracters , but the Wife , they could not after the Contract and Marriage , without her consent , alter her Right . To the third , The Creditors lending their Money , bona fide , , cannot prejudge the Relicts Right ; for bona fides operats only in payment made , and other necessary Deeds , but not in voluntary Acts , as lending of Mony , wherein the Lender must follow the Faith and Condition of the Borrower , whose Rights , though never so clear in any Record , yet if thereafter they be improven or Reduced , the Creditors bona fides , avails nothing , and though the Relict made use of the Contract Vitiat , yet it was with Reclamation against the Vitiation ; and therefore in the Decreet , the same is reserved , which is the Ground of this Declarator . To the fourth , The Relict craves not the Repetition of the Fruits uplifted by the Creditors , but only that the Ground may be Poynded for what she wants of bygones . To the last , By no Practice was ever a Wife prejudged , by not payment of the Tocher ; and albeit the Fathers being Insolvent , might have been a Ground to the Husband to refuse to Infeft his Wife , in any more than the Annualrent of 7000. merks , till the Tocher were payed : Yet where he has actually Infeft her in more , and even before Contracting of the Creditors Debt , her Infeftment must stand valid , seing it was less than what was her Right . The Lords found the Vitiation of the Contract to have been after the Marriage , and Sustained the Declarator , and ordained the Ground to be Poynded for what she wanted of her Infeftment of 700. merks for bygones , and for the whole in time coming , unless it were proven by the Wifes Oath , that she consented to the alteration of her Contract . Margaret Livingstoun contra Burn● . Iune 15. 1670. MArgaret Livingstoun as Donatrix to the Bastardy of a Mason in Falkirk , pursues a Declarator of the Bastardy , and Restitution of the Goods against Burns , who alleadged no Process , because the Libel , condescending upon the Bastards Father and Mothers Names , and that the Defunct was Bastard , the same must be proven by VVitnesses , and so the Summons must be continued , it being a known Maxime , that all Summons , not instantly verified , either by Presumption , or Probation by VVrit ; but which must be proven by VVitnesses , or Oath must be continued . The Pursuer answered , that albeit ex alundante , she had condescended on the Bastards Father and Mother , yet whoever were Father and Mother , ( that they were not Married together ) is a Negative , and proves it self , and needs no further Probation , but is presumed , and puts the burden of Probation upon the Defender , that they were really Married , at least so holden and repute . 2dly , Albeit Probation were necessar , that the Defunct was either Bastard , or so commonly repute , the Probation may proceed upon the first Summons , in favorem Fisci , and is so accustomed in Declarators of Bastardy , and in Declarators of Non-entry , wherein though the Death of the Vassal be Libelled , yet the Summons is not continued . The Lords found that the Summons behoved to be proven , that the Defunct was at least holden and repute Bastard , and that Bastardy was not presumed , but they Sustained the Declarator without continuation , and that the Declarator might proceed upon the first Summons . Scot of Thirlestoun contra The Laird Drumlanrig . Eodem die . SCot of Thirlestoun having Adjudged cerrain Lands , Charges Drumlanrig Superiour , to receive him , who Suspends , and alleadges he ought to have a years Rent , conform to the late Act of Parliament 1669. It was answered that this and all other Acts have Effect ad futura : But not only this Adjudication was led before the Act , but Drumlanrig was Charged before the Act , and having no just reason to Disobey the Charge when he was Charged , he cannot claim the benefite of a subsequent Law. It was answered , The Tenor of the Act was Declaratory , and bear a general Clause , that Adjudications should be in all things as Apprizings . The Lords found , that seing the Act did not expresly relate to bygones . It could not extend to any Adjudication , whereupon a Charge was given before the Act. Lord Iustice Clerk and his Son Sir Alexander . contra Earl of Hume . Eodem die . THere being a Contract betwixt the Earl of Hume and Iohn Stuart of Coldinghame , and Francis Stuart , sometime Earl of Bothwel , whereby the Lordship of Coldinghame was agreed to be possest by the Earl of Hume , until he were payed of nineteen thousand Pounds ; and also that the Earl should uplift two hundreth pound Sterling of Annualrent ●orth ●hereof to him , and the Heirs-mail of his Body ; and it was Declared that the Possession for the nineteen thousand pound , should only be for the Annualrent thereof , fructibus non computandis in sortent , Sir Alexander Hume as having Right to this Contract by progress , did pursue a Declarator against the late Earl of Hume , that in regard his Predecessor , the Earl of Hume Contracter , Died without Heirs-male of his Body , and he continued to Possess , who had no right to the Annuity of two hundreth pound Sterling , that his Possession did satisfie the nineteen thousand pound , and purged the Right , the said umquhil Earl dying , there is now Summons of Transferrence at Sir Alexanders instance , against this Earl of Hume , as Representing his Father , and also therein a Declarator against this Earl as appearand Heir , that the Contract was satisfied and extinct by Intromission , and the Lands Liberate . Compearance is made for an Appryzer , who produced his Infeftment , and who had apprized the Lordship of Coldinghame , and all Right thereof , competent to the late Earl of Hume , who alleadged no Process for the conclusion of Declarator against this Earl of Hume , because all Parties having Interest , were not called , viz himself who had Denuded the Earl of Hume , and who is not cited . The Pursuer answered , that this being a Personal Contract with the Earl of Hume , whereupon no Infeftment had followed , seing the original Right was in no Register , he was not obliged to search the Register for the Infeftments of Appryzers , but it was sufficient for him to call the appearand Heir of the Contracter : But seing this Alleadgeance could not be proponed for the Earl of Hume , being jus ter●tij , neither by the Appryzer , unless he had produced his Right to verifie the same instantly , seing he now compears for his Interest , he may be admitted and heard to Defend thereupon in causa , but not to delay , or exclude the Process till a new Citation , but according to the Lords ordinar custom , he may see the Process in the Clerks hands , and propone his Defense as the Lords have done in the same Process against one Park another Appryzer . The Lords Repelled the Defense , but allowed this Appryzer , as they had done the other to see in the Clerks hands , and to be heard upon his Right ; and Ordained all the Advocats compearing for the Defenders , to produce any other Interest in their hands , and not be delay the Process , by dropping them in severally . Langlands contra Spence of Blair . Iune 17. 1670. LAnglands pursues Spence of Blair for Reduction of his Rights , of certain Lands granted by Hamiltoun of Blair his Author , because Hamiltoun was Inhibit at the Pursuers Instance , before he granted these Rights to the Defender . It was alleadged for the Defender , Absolvitor , because the Inhibition was null , the question being of Lands lying within the Regality of Culross , and the Inhibition was not Execute at Culross the head Burgh of the Regality , but at Pearth the head Burgh of the Shire ; and for instructing that Culross was a Regality , the Lord Colvils Infeftment was produced , which though it bear not expresly a Regality , yet is bears a Bailirie , with power to Repledge , which importeth a Regality , and accordingly the Bailzie and not the Sheriff , makes count in Exchequer , and Briefs are direct to the Bailzie ; and there is produced an Inhibition Anno 1657. and another in Anno 1666. Execute at Culross . The Pursuer answered that Culross was never denominat , holden , or repute a Regality , but a Bailliry , and though the power of Repledging , be a special priviledge of Regality , yet there are many other priviledges thereof , not consequent upon the Repledging . 2dly , The Pursuer having followed the ordinar course , used the time of his Inhibition , viz. by Executing at the Mercat Cross of the head Burgh of the Shire , he hath produced three Inhibitions about that same time Execute as his is ; so that what was then holden repute to be the head Burgh , is sufficient for him to make his Legal Diligence subsist ▪ And for the Inhibition Execute at Culross in Anno 1657. It cannot be respected , because it is known that at that time Regalities were supprest by the English ; and for the Inhibition in Anno 1666. It might have been done of purpose , pendente processu , and cannot regulate the custom the time of the Pursuers Inhibition which was in Anno 1633. The Lords Sustained the Pursuers Inhibition and Reduced , for they neither found it clear that Culross was repute a Regality , not that the custom was to Execute Inhibitions there at that time , but at Pearth the head Burgh of the Shire . Mr. Iames Cheap contra Magistrates of Falkland . Iune 18. 1670. MR. Iames Cheap pursues the Bailzies of Falkland to pay their Debt due to him by Provest Mains , who being taken by Caption , and delivered to the Bailzies by the Messengers , they keeped him in a private House for the space of ten dayes , for which they are alse well lyable for the Debt , as if they had brought him out of the Tolbooth , and keeped him in the Town during so much time ; and also they were lyable in so far as having put him thereafter in the Tolbooth , they suffered him to escape forth thereof . It was alleadged for the Defenders , they were not obliged to keep Prisoners , not being a Burgh Royal , but only a Burgh within a Ste●●rtry , which no Law obliges to receive Prisoners , and the Caption is only Direct to Sheriffs , Baillies of Regalitie , or Royalty , Steuarts , and Magistrates of Burghs Royal , but not to Burghs within Steuartries , or within Regalities , albeit they were the head Burghs of the Steuartry or Regality , not being Burghs Royal. 2dly , The Defenders cannot be lyable for keeping the Prisoner some dayes out of the Tolbooth , seing he did not then escape : And albeit it be a fault for which they may be censured , to keep a Prisoner in a private House , yet the doing thereof , if the Rebel escape not , makes them not lyable to the Debt , but especially where the Rebel was never in the Tolbooth , and when there was Treaty betwixt him and the Pursuer and his Servant , for an agreement and satisfaction and security for the Sum. 3dly , They offered to prove , that the Tolbooth was sufficient , and that the Prisoner escaped vi majori , by breaking the Roof of the Prison without their fault . The pursuer answered to the first , that he opponed the Act of Parliament , ordaining sufficient Prison-houses in all Burg●s , Parl. 1597. cap. 273. 2dly , Whateven this Burgh might have pretended for refusing to accept the Prisoner , yet having accepted him , and suffered him to escape , they are lyable as having acknowledged themselves to be lyable ; and if they had refused the Prisoner , the Pursuer would have Imprisoned him in another uncontroverted Burgh . To the second Defense it was answered , that Magistrates are lyable for the Debt of Rebels offered to them , if they do not put them in Prison , or if they suffer them to come out of Prison without Warrand , and the Pursuer needs not Dispute that the Prisoner went out by the Magistrates fault , and their Contumacy is sufficient in not obeying the Letters , by putting him in their publick Prison , but keeping him so long in a private House . To the third Defense the Pursuer offered him to prove , that the Prison was insufficient , and that thereby the Rebel did escape . The Lords found , that seing the Defenders did receive the Rebel upon the Caption , they could not now Dispute , whether they were lyable to receive or not , as being the head Burgh of the Steuartrie , and therefore the Lords did not Determine that Point . Likewise , the Lords found that the keeping of the Rebel ten days before he was Imprisoned , there being Treaty in the time , and they not urged to put him in the Prison , did not oblige them . As to the last Point concerning the sufficiency , or insufficiency of the Prison , the alleadgeances being contrary , the Lords would prefer neither Party in the Probation , but before answer ordained either Party to adduce Witnesses , concerning the condition of the Prison , and manner of the Rebels escape . Collin Hay contra Magistrates of Elgin ▪ Eodem die . COllin Hay having pursued the Magistrates of Elgin for a Debt of a Rebel , arrested by him in their Tolbooth , upon Caption , and suffered to escape , and the Town having failed in all their Defenses , did at last offer to prove , that the Execution of the Messenger bearing , that he arrested the Prisoner , and made intimation of the arrestment to the Magistrates , was false , whereupon there being three Witnesses insert , and one Dead , the Messenger , and one of the living Witnesses Deponed and acknowledged the arrestment , but differed in the manner of it , the Execution and the Messengers Oath bear , that he came to the Rebel being in Prison , and commanded him to remain therein , by vertue of the Caption , till the Debt were payed ; the affirming Witnesses Deponed , that the Messenger came with the Caption to the Tolbooth Door , but that he went not in , and does not remember that he knocked at the Door , out that he Chalked the Door , and commanded the Prisoner to remain , but the Witnesses denyed , that they remembred any thing of the Intimation to the Magistrates , and the other of the ●ing Witnesses denyed that he was Witness to the arrestment or intimation , whence the question arose , whether the intimation was necessar , or though it were improven , if the arrestment did stand , and were sufficient to oblige the Magistrates , who were obliged to have a Jaylor , and to keep a Book of arrestments : and next , whether this arrestment was sufficient , not being made to , or in presence of the Jaylour . It was alleadged for the Defenders ▪ that few Towns in Scotland keeped a Record of Incarcerations , and here the Magistrates and Clerk had sworn , that there was none in that Town at that time , neither did the Execution bear that the Jaylour was Comanded to 〈◊〉 the Prisoner ; and albeit one of the Witnesses Depones that he was Jaylour at that time and the Messenger and other Witnesses depones that he was present at the arrestment , yet the Execution bears not any command to him to detain the Prisoner , but only to the Prisoner to remain in Prison , and the Jaylor is a Witness in the Execution , and not a Party , and denys the same even that he was so much as Witness , by his Oath ▪ neither does the Messenger and the affirming Witnesses agree in the Substantials of the arrestment ; and for the Messenger he is a Party , whose Execution is quarrelled , and is infamous , and Excommunicate for great Crimes . It was answered for the Pursuer , that the arrestment stood valid , and was not improven but approven as to the Substantials requisite thereto , for the Messenger and one of the two living Witnesses do agree , that the arrestment was made by the Caption at the Tolbooth Door , in presence of the Jaylour , and though it was not so formally done , by Commanding the Jaylour , yet it was sufficient that the Prisoner was Commanded in the Jaylours presence , which is sufficient , albeit not so formal , in making the Jaylour Witness , neither can respect be had to the Jaylours Oath , denying that he was Witness , because confessing he was Jaylour , he is a Party lyable for suffering the Rebel to escape , neither doth it import , that after so long a time , the affirming Witnesses do not remember all the Circumstances , seing he affirms the arrestment to be made , and that by his own advice , he being also a Messenger ; nor is the Pursuer obliged to Dispute the Fame of the Messenger , who lived at so great a distance from him , and was continued in that publick Trust undeposed ; so that there being three Witnesses insert in the Execution of the Arrestment , one of them who is an inhabile Witness , as a Party denying , another affirming , the third being Dead , doth unquestionably stand as a proving Witness : for where are many Witnesses in a Writ or Execution , if there be one living that affirms , all that are Dead affirm with him , though other living Witnesses deny : Much more here , where of three , two being alive , the one affirms , the other denys , but i● a Party concerned , and the Messenger also affirms . The Lords found that there being here no formal arrestment made to the Jaylour , astructed by the Testimo●ies of the Witnesses , and that the intimation thereof was clearly improven , they Assoylzied the Magistrates , but if the arrestment had been good , they would not have ●ound the Intimation necessar , whether the Town keeped a Book or not , but that the arrestment , made to the Keeper of the Tolbooth , whom they intrusted , were sufficient . Dowglas of Lumsdean contra Dowglas . Iune 22. 1670. UMquhil Dowglas of Lumsdean Dispones his Estate to Archibald Dowglas his Son , reserving power to himself at any time during his Life , to burden the Estate with four thousand merks , and did thereafter grant a Bond of four thousand merks , in favours of Elizabeth Lyel his Wife , in Liferent , and of Iohn Dowglas their Son in Fee , who thereupon pursues the said Archibald for payment . The Defender alleadged Absolvitor , because the Reservation in the Disposition , being in favours of the Defunct , can only be understood of a Legal power , to burden according to Law. Ita est , This Bond of Provision was granted by the Defunct , when he was not in legiti●ua potestate , but on Death-bed , especially seing the Reservation does not bear a power to Dispone at any time time in his Life , etiam in articulo mortis , which is the Clause ordinarly adjected , when the meaning of Parties is , that the power should extend to Deeds on Death-bed ; and thereupon the Pursuer hath intented Reduction , which he repeats by way of Defense . The Pursuer answered , that the Defense is no ways Relevant , because the priviledge excluding Deeds on Death-bed is introduced by Law in favours of Heirs only , that the Defunct may not prejudge his Heir on Death-bed , but if a Party Dispone , he may qualify his Disposition as he pleases , and he who hath so accepted the Disposition cannot quarrel the same ; and albeit these words etiam in articulo mortis are sometimes adjected propter majorem ca●telam , yet the words ( at any time during his Life ) are sufficient to import either in his Health or in his Sickness . The Defender answered , that whatsoever might be alleadged , if the Disposition had been to a Stranger , of that interpretation of the words , yet this Disposition being granted to the Disponers own eldest Son and appearand Heir , it must be understood only of such Deeds as might be done against an Heir , and here the Creditors do also concur , who in place of the Heir might pursue the Reduction , and against whom the Personal objection of acceptance cannot be alleadged . The Pursuer answered , that the Defender was not appearand Heir , because it is notourly known that his Father begot him in Adultery , upon the Wife of Sir Alexander Hume , for which Adultery she was Divorced from her Husband , and albeit he did co-habit with her thereafter as his Wife , that cannot infer ( as in other cases ) that she was his Wife , because Marriage cannot consist betwixt the Adulterer and the Adulteress , and all their Issue are disabled to Succeed , so that the Pursuer of the Reduction is the eldest Son , and appearand Heir , in whose favour the Provision is made . 2dly , Albeit the Defender were , or could be appearand Heir , yet here having accepted a Disposition of the whole Estate , Burdened with this Provision , his acceptance excludes him , who is thereby bound , and cannot pretend to any priviledge of an Heir ; for albeit re integra he might Renunce the Disposition ; and return to bruik as Heir , now he cannot , having bruiked by the Disposition ; and for the Creditors concourse they are not Pursuers , and they may insist in any Action competent to them by Law , but cannot oppose this Personal obligement , whereby the Defender by the acceptance of the Disposition in these terms , is become obliged to pay the Pursuer the Sum in the Reservation . The Lords Repelled the Defense , and found that the Reservation in the terms as it stood , did extend to burdening of the Estate at any time the Disponer pleased , and was in capacity of Sense and Reason ▪ though on Death-bed , and found no necessity to dive in the questions concerning the Defenders Procreation , and capacity of Succession , seing he had accepted , and bruiked by the Disposition so qualified , and did not admit the Creditors to oppose this Conclusion , but reserved their Rights as Accords . Elizabeth Finlaw contra The Earl of Northesk , Iune 25. 1670. ELizabeth Finlaw and her Children as Executors to Robert Beat●●e , did Assign to the Umquhile Earl of ●athie a Bond granted by the Laird of Du● to the said Robert 〈◊〉 of 2200. Pound , and the Laird of Morphie standing infeft under Trust in Duns Estate , grants a Bond of Corroboration to Eathie , obliging him to pay all Sums due by Dun to Eathie himself , or to which he was Assigned by Duns Creditors ; thereafter Morphie grants a second Bond of Corroboration to Eathie , but derogation of the 〈◊〉 Bond of Corroboration , obliging him to pay what Sums were due by Dun to Eathie for himself , or as Assigney , and that out of 〈◊〉 superplus of Duns Estate , more then payed Morphie himself . The Earl of Eathie transfers the Bond of 2200. Pounds , and both these Bonds of Corroboration in favours of the said Elizabeth and her Children , and the Translation bears for Sums of Money payed by them to Eathie , and bears that the second Bond of Corroboration was Delivered , but bears not that the first was Delivered , neither bears it the obligement to Deliver the same ; the Translation also bears Warrandice from Eathies own Deed. The said Elizabeth and her Children having pursued Morphie upon the said second Bond of Corroboration , he was Assoilzied , because he had no superplus in his hand . She now pursues the Earl of Northesk as Heir to his Father , to Deliver the first Bond of Corroboration transferred by his Father , whereby Morphie was bound to pay the Debt simply , without preference of his own Debt , or otherways that Northesk should pay the Damnage and Interest , which is the Debt it self . The Defender alleadged Absolvitor , because by the Transaction his Father was not obliged to Deliver the first Bond of Corroboration : Likeas the Translation bears the second Bond of Corroboration Delivered , so that the Pursuer has aequiesced therein ; and albeit the Stile of the Translation bears for Sums of Money , yet it is clear thereby that it is but a retrocession of the Pursuers to their own Right , which they themselves had Assigned , which doth presume that Eathie was but intrusted , and seing he has reponed them in better condition than they were by the second Bond of Corroboration , he cannot be obliged to Deliver the first Bond which Morphie freely granted as a favour to Eathie , unless it did appear such a Bond was , and that Eathie had fraudfully put it away , whereanent he is content to Depone , so that the transferring the first Bond must only import , if any such Bond was the time of the Translation , which would not oblige Eathie to Deliver it , unless he had it , much less to pay the Sum pro damno & interesse . 2dly , Eathie having accepted the second Bond of Corroboration , with a limitation of preferring himself , it qualifies the first Bond of Corroboration , so that though the Pursuer had it , it could operate nothing more nor the second , and so he has no Damnage . The Pursuer answered , that Eathie having transferred the first Bond of Corroboration granted to himself , hoc ipso , he is obliged to Deliver the same , though the Translation expresly bear not an obligement to Deliver quod inest , neither can Eathie pretend that there was not such a Bond of Corroboration , seing the Translation acknowledges that it was granted to himself , neither doth it appear that the Translation was in Trust , seing it bears expresly that it is granted for Sums of Money ; and although it had been in Trust , Eathie having acknowledged that Morphie granted a Bond of Corroboration to pay the Sum simply ; it was contrare to his Trust either to give back that Bond , or to qualifie it . 2dly , The second Bond of Corroboration cannot restrict the first , because it bears expresly in Corroboration thereof , and but derogation thereto . The Lords Sustained the Summons , and Repelled the Desenses , and found that the Translation in terms as aforesaid did import an obligement to Deliver the first Bond of Corroboration , or otherwise to pay the Debt , as Damnage and Interest , seing Morphie was Assoilzied from the second Bond of Corroboration . Eleis of South-side contra Carsse , Iune 28. 1670. MAster Richard Carsse of Fordel having granted a Bond of 4000. Merks to his Sister in Liferent , and after her Decease to her Daughter , she Assigns the same to Iames Eleis her Brother , who now pursues Charles Carsse as Heir to Doctor Carsse , who behaved himself as Heir to Mr. Richard Carsse the Debitor , in so far as he Intrometted with the Charter Chist , and gave a Receipt thereof to Arnistoun , bearing , that he as Heir to Mr. Richard Carsse had Received his Charter Chist , and all the Writs and Evidences belonging to the House of Fordel , which Charter Chist he keeped two years , and Died , it being in his Possession ; likeas he raised Breevs to Serve himself Heir , and Subscribed a Revocation of all Deeds done by Mr. Richard in his Minority , which is Registrat : The Defender alleadged the condescendencies are no ways Relevant , for as to the Charter Chist , as he might have pursued Arnistoun to produce it for inspection ad deliberandum , so he might Receive it from Arnistoun voluntarly for that same effect , which cannot import behaviour , unlesse he had made use of some of the Writs belonging to him as Heir , and this being an odious universal passive Title , any probable excuse ought to liberat , especially this Doctor , who was a Doctor of Divinity , Reciding in England , and ignorant of the Law of Scotland , and who never enjoyed the least benefite of Mr. Richards Estate , and the Defender was content to restore the Charter Chist re integra , and to instruct by the Oaths of the Friends Consenters in his Discharge , that there was nothing wanting , but it was in the same case he Received it ; as for the taking out of Breevs , albeit it signified the Doctors purpose to have been Heir , yet behaviour must include an Act of immixtion , or medling with the Heretage , and animus adeundi , as having no other Title or intent but as Heir ; and as for the Revocation it is a null Act , operative of nothing , but for Reduction which was not Intented , and is no medling with the Heretage . The Pursuer answered , that there could be no more palpable and unquestionable immixtion , then by the Receipt of the Defuncts whole Writs and Evidences , and that without so much as making an Inventar thereof , to have been Subscribed by the Haver of the Charter Chist and him , neither has he qualified his Receipt so as that he might Deliberat , but bears him as appearand Heir , to have Received the same simply ; likeas he detained the same two years ; and as to his Ignorance , Ignorantia juris n●minem excusat , and the Pursuer is in this also favourable , that this Bond is a Provision granted to Mr. Richards Sister , and Heir of Line , and the Doctor , and this Defender were but Heirs of Tailzy of a further Degree . The Lords found the condescendence Relevant conform to the Receipt of the Tenor foresaid , and the retention of the Charter Chist without Inventar so long ; and whereas it was moved amongst the Lords , that they had oftimes refused vitious Intromission against any Representing the Intrometter , unless Sentence or Pursuit had been against the Intrometters in their own Life , whether that should be extended to behaviour as Heir , where there was no Pursuit against the Behaver in his own Life , but the Behaviour being so considerable and universal , with all the Evidents without Inventar , it did not take with the Lords , neither did the Party plead it , but the Lords did not find that the taking out of Breevs , or the Revocation Imported Behaviour . Greigs contra Iames Weems , Iune 30. 1670. BY Contract of Marriage betwixt Iames Weems and umquhile Iudith Nairn : It was agreed that the Means and the Estate of either Party , contained in an Inventar of the date of the Contract , should return to either Party , failzying Bairns of the Marriage , and should not be under communion . Thereafter the Wife provides a Daughter of a former Marriage , to a part of her Means in the Inventar , with her Husbands consent . By which Contract it is provided , that in case the Marriage dissolve within year and day , or in case at any time thereafter , there being no Children , the Tocher should return to the said Iudith Nairn : And the said Iudith leaves in Legacy 1200. Dollars due by the Estates of Bremen , which was a part of her Inventar , to her Husband and her three Children of the first Marriage , there being no Children of the second Marriage ; whereupon Iohn , Charles and Iudith Greigs pursues the Husband for the Legacy , as having uplifted this Sum from the Estates of Bremen . The Defender alleadged , First , That the Clause in the Contract of Marriage , taking away the communion of Goods , and making even the moveable Estate of either Party to return , is against the Law of Scotland , inconsistent and ineffectual ; for any Reservation or Provision in favours of the Wife , doth ipso facto return to the Husband jure mariti , which jus mariti neither is nor can be Discharged ▪ 2dly , Albeit the first Contract of Marriage were consistent , yet the Sum in question being provided to one of the Daughters of the first Marriage by her Contract , upon condition to return to the Wife if the Marriage dissolved , the Marriage dissolving ▪ it comes back to the Wife tanquam novum jus ex pacto acquisitum , and so it falls under the Husbands jus mariti , as well as any Sum acquired would . 3dly , The Husband uplifted this Sum by Commission from his Wife , and so it must be presumed to have been spent in oneribus matrimonij , at least the Husband must have Retention of his Expences in recovery thereof . The Pursuers answered , that albeit Provisions in Contracts of Marriage , stating Rights in the Wifes Person , to be enjoyed by her during the Marriage , have not been Sustained in some cases , yet this being a Provision of a return after the dissolution of the Marriage , it is most consistent , especially in this case , where the Estate Contracted was abroad , and the Contract it self made abroad , where by the civil Law current there , the Means of either Party doth return hinc inde , and the profit thereof is only common● stante matrimonio , neither is the case altered by the Daughters Contract , for both by the Law and that Paction , the Tocher returning to the Mother who gave it , in the same case it was , it is hers by her first Right , the second Right by the Marriage becoming void , both by Law and Provision ; neither doth it import that the Husband lifted the Sum , for by the Contract he is obliged to repay it , and could only employ the Profit of it , in oneribus matrimonij . The Lords Repelled all these Defenses , but allowed Expences to the Husband laid out by him in Recovery of the Sum. Lindsay and Swintoun her Spouse contra Inglish Supplicants , Iuly . 5. 1670. 〈…〉 Pursues his Debitor , and craved him to be holden as Confest , who not Compearing , the Clerk was not clear to give out an Decreet , because the Messengers Execution did not bear , that the Defender was Personally Apprehended , but that the Messeger came to his House and knew he was within , and was forcibly keeped out by his Wife , and thereupon Protested that the Defender might be holden as Personally Apprehended ▪ upon the Clerks stop , the Pursuer gives in a Supplication , desiring that he might either have out his Decreet , holding the Defender as Confest upon this Execution , or that he might have a Warrand to Cite the Defender at the Mercat Crosse of the Shire or Burgh where he dwells , as being difficilis conventionis , some were of opinion that he should be holden as Confest , the Messenger proving that he was within , or if the Execution had born that he and the Witnesses also had given a particular evidence of their Knowledge of his being within ; others thought that he should be holden as Confest , unlesse the Defender could instruct he was alibi in regard of the Contumacy , but the most resolved that holding as Confest , being a solemn and important Certification , peculiar to Scotland , that this Assertion of the Messengers , and his Execution should not be sufficient , nor should put the Defender to alleadge alibi , but that he should have a Warrand to Cite at the Mercat Crosse , with Certification to be holden as Confest . Arch-bishop and Presbitry of St. Andrews contra George Pittillo , Iuly 6. 1670. GEorge Pittillo being called before the Prisbitry of St. Andrews , for Scandalous Conversation with Agnes Mitchel , two Ministers of the Presbitry were appointed to speak with him , to whom he proponed he was Married to the said Agnes Mitchel , and produced a Testificat of some Persons , bearing that they were Witnesses to the Marriage , but neither Designing themselves nor the Minister , which being reported to the Presbitry they rejected the Testimonial , unless the Minister and Witnesses were Designed , and if they were Designed , ordained the Party to make satisfaction for privat Marrying without Warrand , and the said George not Compearing before the Presbitry so to do , they for his Contumacy appoints the Process to be seen by the Arch-bishop , who ordained the Party to be Excommunicat , and accordingly he was Excommu●icat , and now the Arch-bishop and Presbitry caused present a common Bill for Horning against the Excommunicat Person , for Charging him to answer , submit and obey the Censure of the Kirk , this being brought by the Ordinar to the Lords , to know whether they would pass the Horning in course , or if they would consider whether the Sentence of Excomunication was orderly proceeded . The Lords ordained two of their number to consider the Process of Excommunication , and to hear any that did compear for the Party Excommunicat , to Debate whether Horning should be direct thereon . Before whom Compearance was made for the said George Pittillo , who alleadged that Horning ought not to be direct , because the Sentence was disorderly and unjust , and because there was an Appeal to the Council yet undiscust , and founded upon the late Act of Supremacy , alleadging that the King and his Council were Supream in all Causes Ecclesiastick , so that Appeals might be lawfully made ( from any Church-man , or Church Judicature ) to the King and his Council : And further alleadged , that he being unclear to acknowledge the Bishop or his Presbitry ; and the King having now granted an Indulgence to many that did not acknowledge Episcopal Authority , it could not be Contumacy in him not to Appear ; but he was content that it should be now cognosced whether he was in the Fault , and if he were found Guilty , he should Submit and make satisfaction ; which being Reported to the Lords and there being several other nullities in the Process of Excommunication , which behoved to be cleared by the Warrands of the Process , and having heard these of their number that are upon the Council declare that upon the Appeal , the Council Remitted the Matter to the Arch-bishop . The Lords ordained Letters of Horning , unless Pittillo would presently offer satisfaction , in which case they would give him a time , and superceed the out-giving of the Letters . Lady Lucie Hamiltoun contra Boid of Pitcon and others , Iuly 8. 1670. THe Earl of Abercorn having Sold the Lands of Mountcastle to George Hay ; he gave the Earl a Bond of 4000. Merks , bearing borrowed Money , but being a part of the Price , and bearing this provision , that it sholud not be payable till the Earl obtained George Infeft by his Superior . The Earl Assigns the Bond to Lady Lucy his Sister , who having raised Inhibition upon the Bond against George Hay , and having thereafter Charged him , he Suspended , alleadging that the Condition was not fulfilled he not being Infeft , and the Lady offering a part of the Sum to purge that Condition , pro damno & interesse , and to procure his Infeftment , George accepted of the offer , and thereupon the Letters were found orderly proceeded for 3000. Merks of the Sum , and Suspended for the rest in place of the Condition , upon this Decreet the Lady Apprizes the Lands of Mountcastle , and now Insists in a Reduction of a Disposition of the same Lands , granted to Dunlap and Pitcon for themselves , and to the use and behove of the Disponers other Creditors underwritten , viz. Where there was a blank of several Lines , which is now filled up by another Hand ; and though this Disposition was anterior to the Inhibition , and did prefer Dunlap and Titcon for any Sums due to themselves , or for which they were Cautioners the time of the Disposition ; Yet the Lords found by a former Interlocutor , that as to the other Creditors filled up in the blank , it should be repute as posterior to the Inhibition , and filled up after the same , unless the Creditors prove by the Witnesses insert , or other Witnesses above exception , that they were filled up before the Executing of the Inhibition . The Cause being called this day , the Creditors repeated their former alleadgeance , and offered to prove that their Debts were anterior to the Inhibition , and also that at the Subscribing thereof , it was communed and agreed that Dunlap and Pitcon should undertake the remainder Creditors Debts , at least they promised to give Dispositions of parts of the Estate effeirand to their Debts , and accordingly they had done the same after the Inhibition , but being upon a promise before the Inhibition they were valide , having causam anteriorem , and they offered to prove the Communing and Promise by the Writter and Witnesses insert . 2dly , They offered to purge and satisfie the Pursuers Interest . 3dly , They alleadged that their Disposition from the common Author of the Property of the Lands in question did comprehend all Right the Disponer had , and consequently the Condition and Provision in the Bond , that before payment George Hay should be Infeft , for the Disposition would no doubt carry any obligement for Infefting the common Author . The Pursuer opponed the former Interlocutor , and alleadged that she was not obliged to Assign her Right , seing she had now Apprized , and that her Apprizing was now expired , and yet of consent she was content to Renunce her Right , but would not Assign it to exclude other Creditors , or to distresse the Cautioners ; and as for the Condition of the Bond , the Defenders Disposition gave them no Right thereto , because there was no obligement in the Bond to obtain the common Author Infeft , but only a suspensive Condition , that payment should not be made till he were procured to be Infeft , for hat the provision to obtain the Infeftment , being only an Condition , and not an Disposition , after the Disposition to the Defenders , the Pursuer might have payed the Bond , or transacted thereanent with George Hay , and was not obliged to know the Defenders . The Lords adhered to their former Interlocutor , and found the offer not sufficient , and that the Pursuer was not obliged to Assign her Right , though she had offered of her own accord to Renunce it , and found the Persons Intrusted their undertaking the Creditors Debts before the Inhibition Relevant , only to be proven by Writ , or by the Ladies Oath of Knowledge , and would not make up such a material Clause by the Oaths of the Witnesses insert , nor of the Persons Intrusted , and if they had made any such promise it was their own fault , that they caused not put it in Writ , knowing that their Oaths , albeit they might prove against them , yet that they would not prove for them , for the Lords thought that if such blanks and clandestine Promises were allowed , they might disappoint the Diligences of all Creditors . Thomas Kennedy contra Archibald Kennedy of Culzean , Eodem die . THe Laird of Culzean having three Sons , Iohn Archibald and Alexander , for a Provision to Archibald the second , Dispones his Lands of Corrowa and others , with this provision , that if Iohn should die , and Archibald Succeed to be Heir , Archibald should denude himself of the Lands in favours of Alexander , and if Archibald wanted Heirs of his Body , Alexander should be his Heir , notwithstanding of any Law or Custom to the contrare ; thereafter a few Moneths before the Fathers Death , this fourth Son called Thomas was Born , Iohn the eldest , and Alexander the third are both dead Infants , Archibald falls to be Heir , and so the Condition exists , in which he was obliged to Dispone to Alexander . Thomas enters Heir of Line to Alexander , and pursues Archibald to Dispone the Lands to him . It was answered for Archibald , that Thomas as Heir of Line to Alexander can have no Right to this Provision . First , Because the Provision is only in favours of Alexander , without mention of his Heirs . 2dly , Though it could be extended to Alexanders Heirs , yet it being no Heretage to which Alexander could Succeed ; it is Conquest , and would not descend to Thomas , Alexanders Heir of Line , but would ascend to Archibald as Heir of Conquest to Alexander . It was answered for the Pursuer , that in this case the●meaning and intention of the Father must be considered by his Provision inter liberos , which is clear to have been that Archibald should not both have his Estate , and these Lands of Corrowa , but that the same should descend to Alexander , and if Thomas had been then Born , he would no doubt have provided that failzying of Alexander , Archibalds Portion should fall to Thomas ▪ and if he had declared that the Lands of Corrowa should only belong to the Heirs of Line , it would undoubtedly have excluded the Heirs of Conquest : He has done the equivalent , for having provided the Lands to Archibald and his Heirs whatsomever ; he does by a posterior explicatory Clause , declare that if Archibald died without Heirs of his Body , Alexander should be Archibalds Heir therein , notwithstanding of any Law or Custom to the contrare , which can have no other meaning then that , notwithstanding by the Law , Iohn as Heir of Conquest would Succeed to Archibald , wanting Heirs of his own , yet Alexander the younger , who would be Heir of Line should Suceeed , which is as much as to say that this Provision should belong to Archibalds Heirs of Line , and not to his Heirs of Conquest , and consequently having made no mention of Alexanders Heirs , he did also mean Alexanders Heirs of Line , who is the Pursuer Thomas , and the case is so much the more favourable , that if this failed , Thomas hath neither Provision nor Aliment . The Lords considering that both Parties were Infants , and that if Archibald should die , Thomas would get all , superceeded to give answer anent the Heretable Right of Succession until both Parties were Major , and in the mean time allowed Thomas to Possesse the Profits of the Lands , who had no Aliment nor Provision . Kennedy contra Cunningham and Wallace , Iuly 12. 1670. THere being an Apprizing of the Lands of Garleith , belonging to Iohn Kennedy , at the Instance of Edward Wallace ; the said Edward by his Back-bond declared that the Apprizing was to the behove of William Wallace of Burnbank his Brother , and obliges him to denude himself thereof in his favours : Thereafter the said Edward Assigns the Comprizing , and Dispones the Lands to Adam Cunningham , who stands Infeft , and in a Debate for the Interest of this Apprizing , It was alleadged that Edward Wallace the Apprizer , having by his Back-bond declared , that the Apprizing was to William his Brothers behove , conform to his Back-bond produced , the said William was satisfied by Payment or Intromission , so that the Apprizing is extinct . It was answered for Cunningham , that the alleadgeance is not Relevant against him , who stands Infeft as a singular Successor , so that his real Right cannot be taken away by any Personal Back-bond granted by his Author , whereby he was not denuded , for though his Author had granted Assignation to the Apprizing , if it had not been Intimat , a posterior Assignation Intimat much more a Disposition and Infeftment would be preferred thereto , for albeit satisfaction of an Apprizing , by Intromission with the Mails and Duties be sufficient to extinguish , even against a singular Successor , though there was no Resignation made , which the Lords had extended to any payment made by the Debitor , yet this was never extended to any Personal Declaration of Trust , or obligement to denude , which cannot be valide against a singular Successor . It was answered for Kennedy , that Apprizings and Infeftments thereon , do differ from other Infeftments , in this , that they require no Resignation or Re-seising to extinguish them , but whatever may take away a Personal Right , either by Intromission , Payment , or compensation will take them away even by exception ; and what is Relevant against the Author , is Relevant against the singular Successor , except as to the manner of Probation , that it cannot be Proven by the Authors Oath , but by Writ or Witnesses ; neither is there any odds as to this , whether there be Infeftment on the Apprizing or not , so then if Cunningham were but Assigney to the Decreet of Apprizing , it would be Relevant against him , that before his Assignation his Cedent had declared that the Apprizing was to the behove of another , to whom the Debitor had made payment ; which Declaration being instructed by Writ anterior to the Assignation , is valide against Cunningham the Assigney , and whether he be Infeft on his Assignation and Disposition of the Apprizing or not , as to this Point , Law and Custom makes no difference , neither doth the case quadrat with an Assignation unintimat , compeating with a posterior Assignation intimat , which might be preferred ; but if the Debitor made payment to the Assigney , though he had not intimat it , it would extinguish the Apprizing , and no posterior Assignation , though intimat , would make the Debitor pay again , and in this case there is a real Declaration of Trust , which is most ordinar , when Parties having small sums ▪ assign them all to one who Compryzeth for all , and by several Back-bonds , Declares that the Appryzing is to the behove of the several Creditors according to their sums , who have alwayes rested therein , and have sought no further , and if this Back-bond were not sufficient against singular Successors , the Appryzer might at any time thereafter Dispone , and clearly exclude them . The Lords found that the Back-bond was Relevant against singular Successors , and that payment made to him , to whose behove the appryzing was Deduced , was sufficient against a singular Successor , having right to the appryzing , or Lands from the Appryzer , after he granted his Back-bond . The Daughters of Soutray contra The Eldest Daughter . Iuly 13. 1670. THe Laird of Soutray having granted a Writ in favours of his Eldest Daughter , beginning in the Stile of a Testament , and after a blank , Disponing his Lands of Soutray , and his whole Moveables to the said Eldest Daughter , with the burden of ten thousand merks to be payed to the remanent Daughters : The saids remanent Daughters pursue a Declarator of the nullity of the Writ . First , In so far as being a Testament , it contains a Disposition of the Lands . 2dly , In so far as the Eldest Daughter is nominate Executrix , and universal Legatrix , because by ocular inspection , that part of the Writ was blank , and is filled up with another hand , which is offered to be proven to have been done since the Defuncts Death , so that the Executor and Legator not being filled up by the Defunct in his own time , and these being the Essentials of the Testament wanting , the whole Falls , even as to the Disposition of the Moveables . The Defender answered , that the Testament was valide , albeit the Name of the Legator and universal Executor , were filled up after the Defuncts Death ; yet it is offered to be proven , that the Defunct when he subscribed the Testament , did nominat his Eldest Daughter , as Executrix and Legatrix , and gave warrand to the Nottar to fill up the Name , which though he neglected then , and has done it since , it ought not to prejudge her . It was answered , that our Law allows of no Nuncupative Testaments , or nominations of Executors of Legators , unless the Testament be perfected in Writ , and therefore if the Executor or Legator be not filled up by the Defunct , the Testament is not perfeited in Writ , albeit the Defunct has Subscribed the same , as he might have done in a blank Paper , and given warrand to the Nottar to fill up his Testament upon such Terms , which could not subsist , though the Nottar and Witnesses should astruct the same , as not being done , habili modo . The Lords found the Testament null as to the nomination of the Executor and Legator ; and also as to the Lands , but they found it valide as to the Disposition of the Moveables , with the burden of the ten thousand merks ; and found that the want of the nomination of the Executor or universal Legator , did not hinder , but that the Defunct might in any way Dispone his Moveables in Testament , or on Death-bed , which would stand valide as a Legacy , which by our Law might consist without nomination of Executors but would extend to that part of the Moveables only , the Defunct might Legat. Anna Raith and Iohn Wauchop of Edmistoun contra Wolmet and Major Bigger . Eodem die . IN Anno 1641. there was a Minute of Contract betwixt umquhil Wolmet , Iames and Mr. Iames Raiths of Edmistoun , and their Spouses , whereby a Marriage was Contracted betwixt Iames Edmistoun Wolmets Son , and Mr. Iames Raiths Eldest Daughter , and in case of the Decease of either of these two , the next Son and next Daughter to make a perpetual Friendship : In Contemplation of which Marriage , the said Iames Raith and Mr. Iames Raith his Son , were obliged to pay 10000. pounds of portion to Wolmet himself , and to lend another Sum , for Redeeming of a Wodset upon the Estate , which being done , Wolmet was obliged to Infeft his Son , and to provide eight hundreth merks of Joynture to his Good-daughter , Raiths Eldest Daughter Dies , and the said Iames Edmistoun , Wolmets Eldest Son Marries Raiths second Daughter , but there was no Contract or consent of her Parents , and they having lived seven years together , James Died without Children , and Raiths third Daughter is Married to John Wauchop , Niddries Son , and Raiths Estate provided to her , whereupon they to liberate Raiths Heirs and Estate of the 10000. pounds contained in the Contract , raised Declarator , that the minute was null and void , in two Grounds : First , Because there was no Marriage following by consent of the Parents , conform to the Minute . 2dly , Because Raiths obligement to pay the Tocher , was to Wolmet himself , and for his mutual obligement , of Infefting his Son , and providing a Joynture , which neither was , nor can be done , Major Bigger now standing in the full Right of Wolmets Estate , and no Person to Represent Wolmet . The Defenders alleadged absolvitor from the first Ground , because there was a Marriage conform to the Minute ; and albeit Raith did not consent , yet being obliged , he had no just Ground to disassent . And to the second Ground , seing there was no Clause irritant in the Minute , albeit the obligements therein were mutual Causes each of other , it might be Declared , that neither Party should be obliged to fulfil , till the other fulfilled their part , but could not annul the Minute . The Lords found that seing Wolmet was in no capacity to perform his part , that the Heirs and Estate of Raith were free of their part , providing that the Pursuer who is Assigney to the Liferent Right of the said Iames Edmonstoun , his Wife should Discharge the said Liferent , and declare that it should never burden Wolmets Heirs or Estate . Beation of Bandoch contra Ogilbie of Martoun . Eodem die . BEaiton of Bandoch having a Miln upon a Burn , running by the Lands of Greendykes and Martoun , the Tennents of these Lands did by Sheuchs and Casts , divert the Water , and therewith watered their Ground , which thereafter returned to the Burn , before it came to Bandochs Dam. Bandoch pursues a Declarator , that he and his Predecessors and Authors , having been in immemorial Possession of the Miln , and having had the free use of the Burn , until of late the Tennents of Greendyke and Martoun have diverted the same to water their Ground , whereby so much thereof is drunk up by the Ground , that there remains not Water sufficient for his Miln . In this Process the Lords having before answer allowed Witnesses to be adduced on either part . It was proven that Bandoch was in Possession of the Miln , with the free use of the Burn these threescore years , and that it was commonly known , that he and his Predecessors had been in immemorial Possession thereof till the diversion . It was also proven , that the Tennents of Greendykes had been fourty years in use to water their Ground , as now they do . It was also proven that the Tennents of Martoun have been in use to water their Ground this 34 , or 35. years , whereupon it occurred to the Lords to consider , whether the watering of the Ground being the most natural and ordinar effect of Burns and Waters , the building of a Miln beneath , could hinder that liberty , or at least , if 34. years Possession were not sufficient to continue the watering . The Lords did not consider what effect the building of a Miln , with a short possession of the Water free of diversion would hinder the Heretors from diverting the Water from watering their Ground ; but finding that the ancient and immemorial Possession of this Miln , and full injoyment of the Water was as much proven , as could be known to preceed the 34. years , during which , the diversions upon the Lands of Martoun was proven , they found that the Miln and her priviledge being once so Constitute , no less then 40. years peaceable Possession of diverting the Water for watering , was sufficient , that being the only legal Term , and therefore allowed the Lands of Greendykes to continue the watering , but discharged the Lands of Martoun to continue the same . Sir Alexander Hume . contra The Earl of Hume . July 14. 1670. THe Right of the Erected Barony of Coldinghame being derived from John Stuart of Coldinghame , and Sir Alexander Hume younger of Rentoun , he pursues a Declarator against this Earl of Hume ; and the Creditors and Appryzers of the Estate of Hume , to this effect , that there being a Contract betwixt umquhil James Earl of Hume and Stuart and others , whereby it was Declared , that the Earl being Infeft in an Annualrent of 200. pounds Sterling out of the said Barony , there was nineteen thousand pounds of bygons , of the said Annualrent , at the Date of the Contract , in Anno 1631. Therefore it was agreed , that the Earl of Hume should be put in Possession of the said Barony , for payment of the said Annualrent , for Terms subsequent , and for the nineteen thousand Pounds made up of the bygone Annualrents , fructibus non compurandis in sortem , and that the Earl of Hume , who last Deceased , having Assignation to the said Contract from the Heirs of Line , of the said umquhil James Earl of Hume , recovered a Decreet of Possession upon the said Contract , in Anno 1643. and entered in Possession accordingly , and that the said Annualrent of 200. pounds Sterling , after the Decease of the said James Earl of Hume did cease , being only provided to the Heirs-male of his Body , which failzing , &c. that therefore the 200. pounds Sterling affecting the Barony in the first place , and being free , did satisfie the nineteen thousand pounds , and freed the Barony thereof . Compearance being made for the Earl of Hume , and the Creditors who had Appryzed the Barony of Coldinghame . It was alleadged that the Earls intromission was not to be ascribed to his Decreet of Possession in Anno 1648. because he had another anterior Title in his Person , viz. A former Contract betwixt the Deceast James Earl of Hume , and the Heretors of Coldinghame , by which he was allowed to Possess , till he were payed of 4000. pounds Sterling , payable at four Terms , for which , or any of the Terms , he was to enjoy without an accompt fructibus non imputandis in sortem , of which Contract there was a thousand pound Sterling unpayed ▪ and upon which Contract Iames Earl of Hume had obtained Possession , in Anno 1630. So that the late Earl having right to both these Contracts and Decreets from the Heirs of Line , and having entred to the Possession , without any Porcess of Removing , or Mails and Duties against the Tennents , but the former Possessors leaving the Possession , the Earl entered without opposition , and might ascribe his Possession to either of these Rights he pleased , and does most rationally ascribe the same to the first , especially seing he had both the Rights from the same Party , and was not introduced to the Possession by them , more upon the one Right than upon the other . It was answered for the Pursuer , that albeit Parties may make use of any Right they have to Defend their Possession , without interverting the same , yet that must always be where the posterior Right doth not derogat from the former , either as to Right or Possession . But here the second Contract and Decreet is inconsistent with , and derogatory to the former ; for the Earl having power to enter by the first , till he were payed of one thousand pound Sterling , resting of four , fructibus non computandis in sortem , taking a posterior Right , whereby he was to enter for payment of nineteen thousand pounds , fructibus non computandis in sort●● , he derogat so far from the first , that he must Possess primo loco by the last , seing the first is not reserved . 2dly , The late Earl could only be understood to enter in Possession by that Right , or the former Heretors , to relinquish the Possession to him upon that Right , which then had paratam executionem , and could then instantly have forced them to quite the Possession ; but that was only the last Contract , and last Decreet , whereupon the late Earl had obtained Sentence in his own Person , in Anno 1643. when he entered in Possession : But as for the first Contract and Decreet of Possession , it had not then paratam executionem , never being Established in the Persons of the Heirs of Line , much less in the Person of the late Earl , who had Right from the Heirs of Line by Assignation himself , being only Heir-male . The Lords found that the Possession was only to be ascribed to the last Decreet , which only had paratam executionem primo loco , without prejudice to the Earl. if that Right were Exhausted , to defend himself with the first Right in the next place . Major Bigger contra David Cuninghame of Dankeith . Iuly 15. 1670. MAjor Bigger having Right to the Teinds of Wolmet from the Earl of Lauderdail , pursues David Cunninghame of Dankeith and Iean Dowglas , Relict of Wolmet , his Spouse , for Spuilzie of the Teinds , restricted to wrongous Intromission , and insists for the fifth of the Rent . The Defenders alleadge absolvitor , because they produce a Valuation of the Teinds of Wolmet , obtained at the instance of umquhil Patrick Edmonstonn of Wolmet , before the Commission for Valuation in Anno 1636. The Pursuer answered that the Defense ought to be Repelled : First , Because Swintoun standing then in the Right of these Teinds , had raised Reduction and Improbation of this Decreet of Valuation , against Iames Edmonstoun , as Heir to Wolmet , and thereupon had obtained a Decreet of Certification , which is now produced . 2ly , By Articles betwixt Dankeith and Major Bigger produced Dankeith Compts for a greater Duty than this Valuation , and so passes therefrom , and Homologats the Majors Right . 3dly , The Decreet of Valuation took never effect , there having never been payment made conform thereto , but Tacks accepted by the same Defenders , and Duties payed by them of a greater quantity . The Defender answered , that the Certification could have no effect against the Defenders , because it was only obtained against Wolmets appearand Heir , who had only the Right of Reversion , the Wodsetter who was Proprietar publickly Infeft , and the said Iames Dowglas Liferenter , by a publick Infeftment , never being Called , who do now produce the Decreet of Valuation quarrelled : And as to the Articles . they can import no Homologation , because the Article anent the Teind bears only such a sum , without relating to the fifth of the Rent , or to the price of the valued Bolls . The Pursuer answered , that the Valuation having been obtained at the Instance of Wolmet , and not of his Wife , he might Reduce the same by Calling only Wolmets Heir , who had not only the Reversion , but a Back-tack , and he was obliged to Call no other , especially seing they had no Right to the Teinds the Defender answered , that the Heretor has undoubtedly Interest in the Valuation , though they had no Right to the Teind , because it Liquidats the Teind , and Liberats the Stock of any further , and so hath the Liferenter for the Liferent Right , especially she being publickly Infeft : so that though the Decreet was obtained at umquhil Wolmets Instance , yet he being Denuded of the Property by a publick Infeftment of Wodset with his Wifes Liferent , reserved therein , they could not be miskenned , and their Right taken away by a Process against Wolmets appearand Heir , who was Denuded of the Property , and who did now produce the Decreet of Valuation , and abode by it as a true Deed. The Lords Sustained the Defense upon the Decreet of Valuation , and found the Certification could not take away the Liferenters Interest in the Valuation , she not being Called ; and found the Articles to infer no Homologation , but found the third member of the reply Relevant , that Tacks were taken by the Defenders , and Duty payed of a greater quantity since the Valuation . Lady Lucie Hamiltoun . contra Bold of Pitcon . Eodem die . LAdy Lucie Hamiltoun insists in her Reduction , before Debated on the eight of Iuly instant , against Pitcon on this Ground , that abbeit the Disposition granted to him by George Hay , the Common Debitor be anterior to the Pursuers Inhibition ; yet it must be Reduced on this Ground , that it is without any equivalent onerous Cause , and that albeit in bear an onerous Cause , yet that will not instruct the same , but it must be instucted otherwise than by Pitcons own Oath , because it is betwixt conjunct Persons , two Good-brothers ; and because it bears not only to be in favours of Pitcon himself , but for the use and behave of the Creditors , whose Names were then blank , and thereupon are now excluded , as being filled up after the Pursuers Inhibition , so that the Disposition being in so far fraudulent , and not totally granted to Pitcon for himself , the proportion of his Interest cannot be known , but by instructing the Debts due to him , and for which he was ingaged the time of the Disposition . It was answered for Pitcon , that he was ready to instruct the Debts scripto , and for some few to whom he had undertaken payment , at the time of the Disposition he offered to produce their Bonds , and to Depone that he undertook payment of them , as said is , which is all that is required by the Act of Parliament anent fraudulent Dispositions , whereby the defect of an onerous Cause , is to be proven by the Parties Oath , who gets the Disposition . The Lords Repelled the Alleageance , and found that Pitcon behoved to instruct the Cause of the Disposition , otherwise than by the saids Bonds , and his own Oath . It was alleadged for Kelburn , another of the Creditors , that he had Right by an Appryzing , proceeding upon sums anterior to the Inhibition . It was Replyed , that the Appryzing was null . First , Because the Denunciation whereon it proceeded , was not at the Mercat Cross of the Shire , but at the Mercat Cross of the Regality ; in the English time , when Regalities were supprest . 2dly , That the Appryzing was led at Glasgow ; and neither within the Shire of Air , where the Lands ly , nor by Dispensation at Edinburgh : And albeit the Letters bear a Dispensation to Appryz● at Glasgow , and that the Denunciation was made accordingly , for the Parties to appear at Glasgow , yet there was neither Law nor Custom for such a Dispensation , and Parties are not obliged to attend but at the head Burgh of the Shire , or in communia patria , at Edinburgh . 3dly , The Pursuer has also an Appryzing , though posterior , yet preferable , because solemn and orderly according to the Custom then being . It was answered , that albeit the Custom under the Usurper might excuse the want of Denunciations at the head Burghs of Regalities , which were then supprest , where they were used at the head Burgh of the Shire according to the Custom then , and so validats such Appryzings ; yet this Defender having according to the standing Law of the Land , Denunced at the head Burgh of the Regality , the contrair unwarrantable Custom cannot annul his Appryzing , proceeding according to Law. And as to the Dispensation at Glasgow , which was nearer the Lands then Edinburgh , whatsoever might have been said to the inconveniency of granting such a Dispensation , yet being granted , it is valide , and was then frequent to grant such Dispensations . The Lords found that the Pursuers Apprizing being according to the ordinar Custom for the time , at the head Burgh of the Shire upon Denunciation , that it was more solemn and preferable , as to the manner of Denunciation , than that which was upon Denunciation at the head Burgh of the Regality , at that time . But the Lords did not determine , whether such an Appryzing would have been valide , if there had not been a more formall one ; Nor whether the Dispensation being granted at Glasgow , was valide . Margaret Scrimzeor contra Alexander Wedderburn of Kingennie . Iuly 19. 1670. UMquhil Major William Scrimzeor having nominat Alexander Wedderburn of Kingennie , and two others to be Tutors to his Daughter . She now pursues a Tutor Accompt , wherein this Question arose , and was reported to the Lords by the Auditors , viz. The Defunct having Died in September 1650. The Tutor did not accept the Nomination , or begin to Act till the end of the year 1653. In which time the Tutor alleadged that a part of the Pupils Means perished , and became Insolvent , and craved to be liberate thereof , on that Ground in his Discharge . It was alleadged for the Pupil , that the Tutor must be lyable from the time that he knew that he was Nominat Tutor , for albeit he might have abstained absolutely , yet once accepting the Tutory by Nomination of a Testament , wherein a Legacy was left to himself , he must compt as if he had accepted it at the first , for which there was adduced many Citations of Law. It was answered for the Tutor , that in the Roman Law , Tutors were obliged to accept so soon as they knew their Nomination , unless they could free themselves by the excuses allowed in that Law : But with us it is absolutely free to accept or refuse , without any excuse ; and it is only the acceptance that obliges , and so can have no effect ad preterita as to that which perished before acceptance , especially in this case , the Defender being but one of three Tutors Nominate , he ought to have had a time to endeavour with the rest to accept , and his lying out was in such a time , in which Judicatures did cease by War and Troubles , the English after the Battel of Dumbar in September 1650. being possest of Edinburgh , and the publick Records , there was no Session keeped till the year 1652 , or 1653. The Lords found the Tutor was not lyable for any thing that perished before his acceptance . The Executors of Walter Hamiltoun contra The Executors of Andrew Reid . Iuly 20. 1670. THe Executors of Walter Hamiltoun pursue the Executors of Andrew Reid , for payment of a Bond of 122. pounds Sterling , and of a Bond of eighteen pounds Sterling , due by the said umquhil Andrew Reid , to the said umquhil Walter Hamiltoun . The Defenders alleadged , that they ought to have allowance of fifty pounds Sterling , payed to Walter by Iohn Fleeming , by Andrew Reids Order , and of Sterling , payed to Mckneich , upon a Bill drawn by Walter Hamiltoun upon Andrew Reid , to be payed to Mckneich , and for proving thereof , produced missive Letters , Written by Walter Hamiltoun to Andrew Reid , the one bearing , that Fleeming had payed a part of the 50. pound , and he doubted not but that he would pay the rest : And the other bearing , that Mckneich had got payment . It was answered for the Pursuers , that the Missive Letters could not instruct a Discharge , or abate those clear Bonds , because they did relate to Bills and Orders , upon which payment was made , and except those Bills and Orders can be produced , the Letters relating thereto , can have no effect , for it must be presumed , that the Bills and Orders have been retired by Walter Hamiltoun , as having been allowed in other Bonds , which then have been delivered by VValter to Andrew Reid , it being the ordinar course amongst Merchants , to interchange Bills and Bonds , without any other Discharge , neither do they take notice of their Missives , relating to such Bills or Orders , nor can it be supposed they can remember the same . The Auditors in this Accompt , having taken the opinion of several knowing Merchan's anent their Customs in this point , they did all report in Writ , and did all agree in this , that missive Letters relating to Bills , Orders , or Discharges , had no effect , unless the Bills , Orders , or Discharges were produced , and that Merchants neither did , nor could have notice of such Missives to retire , or interchange the same ; they did also visit Walter Hamiltouns Compt Book , by which there appeared several other Bonds and Accompts betwixt the Parties , beside these : And in which also , the sums contained in these Letters , were set down as payment , in part of the other Bonds and Compts , whereby it appeared , that the Bill and Order mentioned in the Letter , were interchanged with the former Bonds . The Lords found that the missive Letters relating to the Bill and Order , had no Effect , unless the Bill and Order were produced . Hugh Moncrief of Tippermalloch contra Magistrates of Pearth . Iuly 26. 1670. HVgh Moncrief of Tippermalloch having Incarcerate Ogilbie of Channaly in the Tolbooth of Pearth , from whence he having escaped ; he pursues the Magistrates of Pearth for payment of the Debt , who alleadged absolvitor : First , Because their Tolbooth was sufficient , and the Rebel had escaped vi majori , having broken the Stone , in which the Bolt of the Tolbooth Door entered , and forced the Lock in the time of Sermon , and that immediately after the Rebel escaped out of the Town , and was met with Friends that were trysted there at the time of his escape . 2dly , They had laid out all wayes thereafter to search for him , and had at last found him in the Tolbooth of Edinburgh for the same Debt , where he yet was in as good condition , as when he first escaped . The Pursuer answered , that the Rebel had escaped by the fault or neglect of the Jaylour , for whom the Town was answerable , in so far as they had given him the liberty of all the Rooms in the Tolbooth , and that when he escaped , he was left in the outmost Room , and his Brother Son was permitted to abide within with him , and the Catband on the outside of the Tolbooth Door was not put on and Locked , which would have so secured the Door , that nothing the Prisoner could have done within , could have opened the same ; and that the Tolbooth Lock had a double and single Cast , and when it was Locked only with the single Cast , the Bolt might be thrust back , but when with the double Cast , it had a strong Backsprent , and could not be thrust back : and that at the time of the escape , the Lock had but the single Cast , so that the edge of the Stone being broken off , there was access to press back the Bolt . To the second it was answered , that the Rebel having escaped through the Town or their Servants neglect , jus erat acquisitum to the Pursuer , making them lyable , which could not be taken off by any Incarceration thereafter , unless the Magistrates had followed him in the very Act of escape , and recovered him ; but now they have six Moneths after his escape put him , not in the Tolbooth of Pearth , but in the Tolbooth of Edinburgh . The Lords being unwilling to give either Party the choose of Witnesses for Probation , had before answer , appointed either Party to adduce Witnesses anent the condition of the Tolbooth , and the manner of the Rebels escape , which being now advised . The Lords found that by the most pregnent Probation , it was proven that the Catband used sometimes to be on in the day time , and sometimes not , and that Prisoners for Debt had the liberty in the Day time of all the Rooms of the Tolbooth , the Probation was very contrair , as to the breaking of the Stone wherein the Bolt entered , but it seemed access could not be had to the Bolt without some breach of the Stone . It was also proven the Catband was not then on , and that the Bolt when it got the double Cast , could not be prest back , and could when it got the single Cast ; and therefore the Lords found that the Magistrates proved not their first Exception , that the Rebel had escaped vi majori , without their fault or negligence , and found the second Exception of puting him again in Prison , not Relevant . The Lady Halliburtoun contra The Creditors of Halliburtoun , Iuly 27. 1670. THe Lady Halliburtoun being provided by her Contract of Marriage to the M●ins of Halliburtoun , with the Miln and Pertinents , and her Precept of Seizing bearing warrand to Infeft her in the Mains and Miln , by Earth and Stone of the Land , and by the Clap of the Miln , her Seising having the said Precept ingros●ed , bears her by vertue thereof to be Infeft by the Earth and Stone of the Land , but mentions nothing of any Symbol for the Miln , or of any Reason that Seising was not taken of the Miln● because it was Demolished , the Miln being thereafter Built or Re-edified , the Creditors having Apprized , did take Infeftment of the Mains by Earth and Stone , and of the Miln by Clap and Happer , and now in a competition betwixt the Lady and them anent the Rents of the Miln . It was alleadged for the Creditors , that they ought to be preferred , because they were Infeft in the Miln , and the Lady was never Infeft therein , albeit her Precept of Seising buir an express Warrand to Infeft her therein by Clap and Happer . It was answered for the Lady , that her infeftment of the Land , with the Miln and other Pertinents , is anterior to the Creditors , and must extend to the Miln , albeit she took no special Seising thereof , because there was no standing Miln at the time of her Seising , so that the Miln being Builded by her Husband thereafter , solo cedit , and belongs to her as a Pertinent , for though , where a Miln is before Infeftment , it cannot passe as a Pertinent without a special Seising , yet where it is only Built thereafter , it accresces to any Party Infeft in the Land , especially being Infeft in the Land , with the Miln thereof . The Lords preferred the Lady , she proving the Miln● the time of her Contract and Infeftment , was not at all Built , or having been Built was Demolished . Charles Charters contra Cornelius Neilson , Iuly 29. 1670. CHarles Charters and Cornelius Neilson , both having Arrested their Debitors Money in the same hand , Cornelius Arrestment was upon the 24. of Iune , and Charles Arrestment upon the 28 , But Cornelius Arrestment was upon a Bond , whereof the Term of payment was not come , and the Term of payment of Charles his Bond was come , both Parties having their Citation before the Bailzies of Edinburhg in one day , where Cornelius alleadged preference , because his Arrestment was prior , Charles Charters answered , that albeit his Arrestment was four days posterior , yet it ought to be preferred , because the Term of payment of Cornelius Debt was not come whereas Charles his Term being past , he has paratam executionem , this being ready to be Advised by the Bailzies . Cornelius raises Advocation , and the Cause being Advocat , the same Debate was repeated before the Lords , and Cornelius added that now the Term of payment of his Sum was past , and alleadged that albeit his Term were not come , his first Arrestment is preferable , though the Decreet thereupon could only be to pay after the Term were past , and now his Term being also past before Sentence there needs no such limitation . It was answered , that it is not the Arrestment that constitutes the Right , but the Sentence making forthcoming , and though ordinarly the first Arrestment is preferred , yet oftimes posterior Arrestments are preferred upon more timous or more orderly Diligence , and the Diligence done , by Charters is done more orderly , because it was after the Term , for if it were Sustained , that Arrestments made before the Term of payment , should be preferred to these made after the Term , Creditors who has ready Execution should be postponed to others , whose Debts were payable after a Liferent of 20. years time , but as the second Arrester may Poind his Debitors Goods , though Arrested formerly by another , so may he crave Sentence to make forthcoming to take present effect by Poinding , and cannot be excluded by an other Creditor , upon pretence of a prior Arrestment , which cannot receive present Execution ; and albeit the prior Arresters Term be now come , yet he ought not to be preferred , because he procured Advocation of the Cause , without any just Reason , either of Incompetency or Iniquity , only to procure delay till his Term were past , and therefore the Cause being now Advocat of consent , the Sentence must now be of the same manner , as it would have been before the Bailzies when the Cause was Advocat , at which time Cornelius Term of payment was not come . The Lords found that the unwarrantable delay by the Advocation should not prejudge Charters , and that the case should be considered as it was the time that the Advocation was raised , and preferred Charles Charters upon his posterior Arrestment , in respect the Term of payment of his Debt was come , to the prior Arrestment laid on upon a Debt the Term of payment whereof was not come , whereupon Citation was used before the Term came . The Advocats having withdrawn from the House upon the Oath prescribed by the Regulation , nothing was Called until the midle of December . Murray of Achtertire contra Gray , December 16. 1670. MVrray of Achtertire having pursued a Contravention against Gray upon several Deeds , whereof one was , that Achtertire having procured liberty from a Neighbour Heretor to make a Cast upon that Heretors Ground , wherein some little Burns were gathered to a Head , and thence were conveyed through Achtertires own Ground to his Miln Lade , and that Gray had broken down that Cast , whereby the Burns were diverted● Gray having compeared and proponed nothing , the Libel was found Relevant , and admitted to Achtertires Probation , who by several Witnesses proved that the Defender had broken down that Cast , of whom some Deponed simply , but two of them Deponed thus , that Gray had broken down the new Cast , but that the Burns gathered therein in the time of Floods did water Gray●s own Lands ; and that by the new Cast they were keeped in , and could not water the same , whence it arose to the Lords consideration , whether that Deed of Contravention was sufficiently proven , or whether the Testimonies of the Witnesses , being qualified that the Defender had done the Deed , but in continuation of his former Possession of the watering of the Burns , whether respect ought to be had to that qualification , some thought not , because the Fact , as it was Libelled , was found Relevant , and proven , and the qualification ought to have been proponed by way of Defense , but it was found that the Testimonies being so qualified , did not sufficiently prove to infer a Contravention , for if the Contravention had been proven by Writ or Oath , such a quality either in the Writ or Oath would hinder the same to prove sufficiently the Contravention . But because the Testimonies were not to be considered by the Parties , the Lords ordained the Sentence to expresse the foresaid Reason of it , that the Pursuer before Extract , might alleadge any thing thereanent he thought fit . Nicol Langtoun contra Robert Scot , Decem. 17. 1670. JOhn Graham of Gillesby , having Set a Track of his Lands of Graystoneflat to Nicol Langtoun , and being at that time at the Horn , Robert Scot obtains a Gift of his Escheat and Liferent from Annandale his Superior , and thereupon obtains general and special Declarator , Decerning Langtoun to pay the Duties to him as Donator . Langtoun Suspends , and raises Reduction on this Reason , that the Gift was simulat to the behove of Graham the Rebel procured by his own Means and Moyen ; and it being answered by Scot , that he being a lawful Creditor of the Rebels , might lawfully accept and make use of this Gift for his own security , albeit the Rebel had procured the same , and Scot the Donator having Deponed anent the simulation of the Gift , did acknowledge that the Rebel had procured the Gift , and that he had it blank in the Donators Name , and that he did fill up Scots Name , and delivered it to him . The Lords found the Oath to prove the simulation of the Gift , and that it having been in the Rebels own hands blank in the Donators Name , it was equivalent to an Assignation from the Rebel , and that Scot accepting of it so from him , could not justly or bona fide make use of it , even for security of a just Debt in prejudice of the Tacks-man , who had before gotten his Tack from the Rebel . Alison Kello contra Kinneir , Ianuary 5. 1671. ALison Kello as Heir to her Mother Margaret Nisbet , having pursued a Reduction of an Apprizing of the Lands of Paxtoun , Led at the Instance of Mr. Samuel Hume , against the said Margaret in Anno 1622. and Assigned to Mr. Alexander Kinneir in Anno 1623. upon this Reason , that the said Mr. Alexander was satisfied by his Intromission within the Legal ; this pursuit , being against Mr. Alexander Kinneirs Son , who is Minor , and being stopped upon his Minority , quid Minor non tenetur placitare de hereditate paterna . The Lords did upon the Pursuers Petition , grant Commission to Examine Witnesses upon the Intromssion , to remain in retentis till the Cause might be Determined , in respect the Witnesses might die in the mean time , which being reported , the Lords remitted to an Auditor to state the Compt of the Intromission according to the Probation , that the stated Accompt might remain in retentis . The Defender being heard again before the Lords , did alleadge that the Accompt could not be stated upon this Probation , but that there being yet no Litiscontestation in the Cause , neither can be , through the Defenders Minority , and this Probation being but before answer to remain in retentis , and taken by Commission , the Defender not being present at the Examination , and the matter being very ancient , fifty years agoe , the Lords ought to give the Defender the sole or conjunct probation of this alleadgeance , viz. That he offered him to prove , that during the years of the Legal , the Lands were Possest by several Persons , by Dispositions or Tacks , both under Reversion , for certain Sums of Money , due by the said Margaret Nisbet , which Rights were granted by her , and were now produced by the Defender , which with the saids Rights produced , is much more pregnant nor the Pursuers Probation , by some inconsiderable Countrey People , without any Adminicle in Writ . It was answered for the Pursuer , that the alleadgeance was no way Relevant , being contrare to her Libel , and founded super jure tertij , for this Defender hath no interest in the Wodset Rights , nor doth any Person appear for them , or own them , and if this were sustained , it would afford a current evasion in all kind of Pursuits upon Intromission , by offering still to prove that the Defender did not , but that a third Party did Intromet , and therefore the Lords have never Sustained such a Defense upon the Defenders sole Probation , and in no case have allowed a conjunct probation . It was answered , that in a matter so old , and where the sole probation of a thing of so great Moment was to be by Witnesses the Lords ex officio might Examine Witnesses for either Party , and have oft so done , especially the same ought to be done here , where the probation is by inconsiderable Persons , and so suspect and exorbitant , proving ●●nneirs Intromssion to be before he had any Right , and the quantities to be much higher then the written Tack of the Lands produced . The Lords found that they could not admit a Probation for the Defender , upon the Possession of any third Party , from whom he derived no Right , but that upon the consideration alleadged , they would Sustain no Probation for the Pursuer , but that which were clear and pregnant , and allowed the Defender to give in any Objections against the hability of the Witnesses , yet having considered their Testimonies , they found that they did not prove Kinneirs Intromission to be before his Right , but that after his Assignation he had Removed and Dispossessed Margaret Nisbet , and entered in the natural Possession , and Labouring himself , which is a Fact more palpable then the lifting of Duties from Tennents . Ianuary 17. 1671. Stair was Admitted President of the Session . Drummond of Rickartoun contra The Feuars of Bothkennel , Eodem die . THomas Drummond of Rickartoun pursues a Poinding of the Ground against the Tennents of the Lands of Bothkennel wherein the Feuars alleadged no Process , because the Pursuer being Pupil , he is not sufficiently Authorized , the Tutory produced being to his Mother and Uncle jointly , and his Mother being dead , his Uncle is no more Tutor , the Tutory being granted to them , and bearing expresly to them jointly . It was answered , that in Tutories , Curatories , Executories , the death of one Person doth not evacuate the Office , but it accresces to the rest . The Lords found that in respect of the Tenor of the Tutory , bearing to two conjunctim , the death of one evacuats the Office ; Nevertheless they declared that they would give a Curator ad hanc litem , to Authorize the Pupil , but that none could uplift or discharge , till there were a new Gift of Tutory . Mr. Robert Dickson contra Iames Graham , Ianuary 19. 1671 MAster Robert Dickson Advocat having granted Bond to James Graham , for a Sum of Money furnished to his Brother upon an Accompt , he raises Reduction of the Bond , as to a part thereof , upon fraud and circumvention , alleadging that the true cause of the Bond was the causing answer his Brother Money , and that he had made an agreement before the hand , for so much the French Floren ; but his Brother having some Moneys answered in Vinnice , without any agreement before the hand ; when the Parties came to Accompt , Iames Graham being wholly Trusted by the Pursuer did give an Accompt , and did Affirm to the Pursuer that the Rate of answering Money in Vinnice was at that time so much dearer then the same truly was , if it had been only answered in France , wherein he now understands he was deceived , because it was equal or less value to furnish it in Vinnice then France , and offered to prove the value of the Money by Witnesses , and the rest by Oath . The Defender answered , that it was lawful for him , being a Merchant , to take what value for the Floren he could agree , and that it would be of evil consequence , if Bonds upon Merchants Accounts were Reduceable , and they held as Circumveeners , if they had taken a greater Rate then the ordinar Rate at that time , especially here the agreement of the Rate being with a prudent Party , and a Lawyer . 2dly , The Pursuer had Homologat the Bond by paying a part of it , and could not quarrel the rest . The Lords found the Reason of Circumvention Relevant , in these terms , that there being no agreement before the hand , wherein the Merchant might take any Rate he could get , but after the Money was furnished , the Defender had fraudulently affirmed to the Pursuer , that the furnishing of the Floren to Vinnice , was more then the furnishing of it to France , although he knew the contrare at that time , but would not find the main error in that Article of the Rate to be Relevant , and they Repelled the Homologation , because the Pursuer might be deceived in one Article , and not in the rest . Captain Ramsay contra William Henderson , Ianuary 20. 1671. CAptain Ramsay as Assigney Constitute by Eupham Scot , to a Sum of two thousand Merks , Addebted by umquhile Mr. Charles Henderson pursues his Heir for payment , who alleadged Absolvitor , because this Debt being due originally by Mr. Charles Henderson , and by the said Eupham Scot , who being vitious Intromissatrix with his Goods and Geir , and having been Assigned to this Sum her self , she became Creditrix , as Assigney and Debitrix as vitious Intrometter , & confusione tollitur obligatio , and this Pursuer having Right from her , can be in no better case then she . It was answered , that vitious Intromission was not competent by way of Defense . The Lords found that whatever might be said , if the vitious Intrometter had been pursuing whether the Defense might have been competent , yet found it not competent against the Assigney , seing the Cedent was not in campo , and Probation behoved to be used against her . Sandilands contra Sandilands , Ianuary 25. 1671. THe Children of Alexander Sandilands pursue Agnes Sandilands their Mother , for Compt and payment of their Fathers Means , the Tutory being now finished by her Marriage ; In which Accompt the Mother gave up in defalcation the third of all moveable Sums , as Ships , Merchant Goods , Houshold Plinishing , &c. It was answered for the Children , that she can have no part of the moveable Sums , or moveable Goods , because by the contract of Marriage produced , she is provided to the Annualrent of 5000. Merks which was her own Tocher , and ten thousand Pounds more of her Husbands , which is her Husbands , and was the whole Fortune he then had ; and as to the Conquest , it is provided that all Sums of Money , Lands , Annualrents , Tacks and others whatsomever Conquest during the Marriage , shall be taken to the Husband in Liferent , and to the Bairns in Fee ; and because the Wife is provided to be a Bairn in her Fathers House , what shall come that way is provided to be taken to the Husband and Wife , the longest Liver of them two , and the Bairns of the Marriage , so that all the Sums , and Moveables in question , being Conquest during the Marriage , they are by the Contract destinate to the Husband in Liferent , and the Bairns in Fee , and which Provision is a Debt upon the Husband , his Heirs and Executors , so that the Wife can have no third thereof . The Defender answered , First , That her Right of the third of the Moveables being Constitute by the Law , cannot be taken away , but by an expresse clear Deed Renuncing the same , or accepting such Provisions in satisfaction thereof , which being a Clause now ordinarly adjected in Contracts , and not put in this Contract , albeit in the same the Wifes Tocher bears in full satisfaction , the Clause can never be so interpret as to exclude her third , especially a Contract of Marriage being so favourable , that words are always understood● therein according to the meaning of Parties , and here the meaning of the Parties may be cleared , by this , that the Defunct who was a very intelligent Man , did declare that he would leave to his Wife so much of his Moveables in full satisfaction of her third , so that he thought she was not excluded , and if need beis the Parties alive , Writters and Witnesses in the Contract may be yet Examined to clear the meaning of the Clause . 2dly , Albeit the Clause could not exclude her from a third of Money , which is expresse therein , yet not from a third of Moveable Goods and Geir , which is not exprest , and albeit the Clause bears , ( and others ) it can only be understood of Rights due by a stated Security , and the intent of the Clause has only been to substitute the Bairns of this Marriage , Heirs of the Conquest , and to exclude the Bairns of any other Marriage , but did neither exclude the Father , but that he might dispone on his Moveables , albeit the Clause expresseth him but Liferenter thereof ; neither does it exclude the Mother from the third thereof : And there was adduced a Decision in the Case of the Lady Oxenfoord , wherein , albeit by her Contract of Marriage she accepted certain Lands in full satisfaction of her Terce , and third of all Lands , Annualrents and others , yet that was not found to exclude her from a third of Moveables , but only from a Terce , or third of Heretable Rights . It was answered for the Children , that their Mother having consented by the Contract of Marriage , that all Conquest during the Marriage should be provided to their Father in Liferent , and to them in Fee , she had excluded her self as clearly , and effectually , as if she had Renunced her third thereof , or accepted of her Jointer in full satisfaction ; neither is there a necessity that these words must always be used , nor is this alleadged as a consequential Renunciation , but as an expresse Obligation , or Destination of the Husband consented to by the Wife , which must have its native effect , and so the Children must be Feears of the whole Conquest , and therefore the Wife cannot be Feear of a third of it , and albeit moveable Geir be not exprest , the generality ( others ) must necessarily comprehend them , being of the same nature with Sums which are exprest , and may be Moveable , and of less importance then they , and the case wholly differs from that of the Lady Oxenfoord , wherein nothing but Heretable Rights are exprest , and it is an unaccustomed Clause amongst Persons of that quality to exclude Ladies from a third of Moveables ; but here Sums are exprest , and it is most ordinar for Merchants to exclude their Wives from their Merchant Goods , which is the greatest part of their Estate , as to the meaning of the Parties , clear Clauses cannot be enervat upon that ground , and as for any thing exprest by the Husband , It was on Death-bed in a great Fever whereof he Died , and no Testament followed . The Lords found that the foresaid Clause in the Contract did exclude the Relict from a Terce of Moveable Sums , or Moveable Goods during the Marriage , which could be understood , to be meaned to be put upon Security at any time , but that it did not exclude her from a third of the Houshold Plenishing . Charles Casse contra Sir Robert Cunningham , Ianuary 26. 1671. CHarles Casse having Sold to Sir Robert Cunningham his Right to the Lands of Achinhervy in his Minority , pursues a Reduction of the same Disposition upon Lesion , and condescends upon his Lesion , thus , that being Infeft for security of fourty thousand Merks , and in an Annualrent effeirrand thereto , whereof there were many bygone years Annualrent resting , and yet he got only fourty thousand Merks for all . The Defender alleadged Absolvitor , because the Pursuer was satisfied of all his bygone Annualrents , in so far as he having Apprized for five years Annualrents preceeding the Apprizing , which was in Anno 1655. he had entered in Possession by vertue of the said Apprizing of the whole Lands of Achinhervie , and so is Comptable therefore according to the Rental , untill he cease to Possesse the same , which will fully satisfie all his bygones , so that he will have no Lesion 2dly , He had not only in his Person the said Apprizing , but the Infeftment of Annualrent , upon which he being preferred in a double Poinding , and excluding other Parties having also real Rights , he is thereby obliged to do Diligence , and be Comptable not only for what he intrometted with , but for what he ought to have intrometted with . The Pursuer answered , that he was content to Compt for what he had Intrometted with , but upon neither ground was he obliged to Compt for any further , especially as to his Apprizing , albeit Law and Custom had oblidged him to Compt for the whole Rental , till the Apprizing were satisfied , yet he could not be Comptable but for his Intromission after he was satisfied● for then he had no title in his Person , and it is clear that any Intrometter without a title is only lyable for his Intromission , and all Parties having Interest might have hindred him to have Intrometted after he was satisfied ; and albeit a Tennent or Factor , after the expiring of the Tack , or Factory may be Comptable for a full Rental , yet that is because they have a title per tacitam relocationem , or tacitam commissionem ; but after the extinction of the Apprizing then no title remains , and neither is he lyable as an Annualrenter , even though he did exclude others to do any Diligence , because all the effect of an Annualrent can only be to distresse the Ground , or Poind the Tennents for as much of their Rent as is equivalent to the current Annualrents , after which any other Party having Right may li●t the superplus , and in this case the Annualrenter hath not been preferred as to any bygone Rents , but only in timecoming , and for his current Annualrents , and the bygones are appointed to be brought in Accompt , which was never determined . The Defender answered , that it were against all Reason that an Apprizer after he is satisfied , should be in better condition then before he is satisfied , and so as long as he meddles , he must Compt by the Rental , and it is his proper part , who knows when he is satisfied , to relinquish the Possession , which other Parties cannot know , till by a long Process of Compt and Reckoning it be determined , and it were most absurd that in the mean time he should continue in Possession , and though the Rents did in a great part perish , he should not be Comptable therefore , but only for what he actually lifted . The Lords found the Pursuer as Apprizer Comptable according to the Rental , not only for Intromission , but Omission , both till the Apprizing be satisfied , and thereafter for all years of which he lifted any part , but found not the Annualrenter lyable for Diligence , albeit he did exclude others , but the Case came not to be Determined if the Annualrenter had by a Personal Action insisted for more years Annualrent past , to be preferred to the whole Rents , till these bygones were satisfied , that not being the case here in question . In this Cause it had been formerly alleadged that the Pursuer after his Majority , had Received a part of the price of the Lands , in so far as having in his Minority granted a Commission to Mr. Iohn Smith , one of his Curators , to uplift all Sums due to him , and he having uplifted a part of the price of the Land from the Defender , and bonds for the rest ; the Pursuer after his Majority , had by his Discharge produced , Received from his Curator and Factor the said Money and Bonds , and Discharged him thereof , and acknowledged that he and the remainent Curators had acted faithfully in all their Intromissions , whereby the Pursuer hath approven , and Homologat the Disposition of the Land , made by him and his Curators , which he now quarrels . The Pursuer answered , First , That the Defense is not Relevant , for Homologation being a presumed or conjectured Consent , not by Word or Writ , but by Deeds done , which import the adhering to the Disposition quarrelled , it cannot be inferred by any Deeds , but such as can have no other intent or purpose consistent with the Rejecting , or disapproving the Disposition , but here the Receiving of the Money and Bonds from the Factor hath a consistency and congruity with this Reduction , for the Pursuer knowing that he could not be restored against his Disposition , unless he did restore what was Received by his Warrand , might justly take up the same from his Factor , that he might be in capacity to Consign the same at the Bar , as if a Minor having Bought Lands to his Lesion , and having Wodset a part of the same , he might after his Majority Redeem the Lands Wodset by himself , which although it behoved to proceed upon the Disposition as his Title , yet it being a Deed necessar to purge the Wodset , and repone the Disponer to his own Land free thereof , it would never importan Homologation , or if he had in his Minority excambed Lands , and Wodset a part of the Lands he acquired thereby , the Redeeming or purging of the Wodset after his Majority would import no Homologation , so neither can any Deed import Homologation , which upon any account can be consistent with the annulling of the Right quarrelled upon Minority . 2dly , This Dicharge does bear expresly relation to Mr. Iohn Smiths Accompt of Intromission Subscribed at the same time , and bears that the Discharge should be alse sufficient as if the Accompt were insert , Ita est in the Charge of the Accompt , wherein only mention is made of the Sums payed by the Defender , there is an express Reservation , that the Accompt shall be but prejudice to the Pursuer to insist in his Reduction of the Disposition , And as to that Clause in the Discharge , that the Curators and Factor had done faithfully ▪ It relates only to their Intromission , and not to their Omission , and albeit it had born simply , that they had acted faithfully , that can only import that they had not acted Fraudulently , and that they had done for the Minor what they conceived best : but does not import that they had acted providently and skilfully , so that the Minor may still Reduce their Deed. The Defender answered , that his Defence was most Relevant , being founded upon the Pursuers consent , after his Majority : for consent may be Adhibite , not only by Word or Writ , but by any Deed importing the consent , as if a Minor giving a Bond in his Minority , should pay a Terms Annualrent thereof after his Majority : Or if a Minor intrometting with his Fathers moveable Heirship , or Rents of his Lands in his Minority , should continue to intromet for one Term , or one Point further after his Majority , in neither case would he be restored ▪ and yet such Deeds might be consistent , and might be done to other intents , as if his payment of the Annualrent did bear , le●t before his Reduction he might be Distressed , or that he continued his Possession , lest the Rents or Goods might perish to the dammage of his party : Yea , though these were expresly mentioned in his Discharge ; and his Reduction were reserved , it would be protestatio contraria facto , and would not free him : so neither can the Reservation in this accompt , though it were repeated in the Discharge , be sufficient ; especially seing he might have caused the Factor Consign the Money in the Clerks hands , that it might be restored at the Discussing of the Reduction : So that inconsistent Reservations or Protestations , operate nothing . 3dly , The charge of this Accompt , wherein only the Reservation is mentioned , is a louse sheet of Paper , subscribed with another Hand than the Discharge , and has neither Date nor Witnesses , and so cannot instruct that this is the very Accompt mentioned in the Discharge . The Lords did not determine the Point of Homologation , but before answer ordained the Curators and Witnesses in the Accompt to be Examined upon Oath , whether the Charge produced be the same that was subscribed , abinitio , bearing the said Reservation , But they inclined that the Reservation would take off the Homologation , and would not be void , as contraria facto . Keir contra Nicolson . Ianuary 28. 1671. JOhn Keir as Assigney by the Earl of Mar to some Feu-duties , pursues a Poinding of the Ground against Nicolson of Tillicutrie , who alleadged no Process , because the Earl of Mar his Cedent , had no right to thir Feu-duties , which were due in his Fathers Lifetime , whose Liferent was reserved ●whereupon compearance was made for Scotscraig's Heir , who was Donator to the old Earl of Mar's Escheat and Liferent , and concurred . The Defender answered , that the concourse could not be effectual , because their bygone Feu-duties being moveable , belonged to Scotscraigs Executor , and not to his Heir : and though the Concurrer was both Heir and Executor , yet thir bygones belonging to Scotscraig as Donator , being for years wherein Scotscraig lived , they are moveable , and ought to have been contained in the Inventar of his Testament , as they are not . It was answered , that a Liferent-Escheat having tractum futuri temporis , belongs not to the Executor , even as to the bygones , before the Donators Death , unless they had been liquide and established in his Life ; but the Gift and all following thereon belongs to his Heir . The Lords found that the bygones of the Liferent preceeding the Donators Death , did belong to his Executor , albeit in his Life he had obtained no sentence therefore . Dowglas of Kelhead contra The Vassals of the Barony of Kelhead and others . Ianuary 30. 1671. THe Earl of Queensberry being Superiour to certain Vassals of the Barony of Kelhead , who did Dispone the Feu Duties and whole Casualities of the Superiority to Kelhead his Brother , to the effect that Kelhead might be his immediat Vassal , and that the Feuars might hold of Kelhead , whereupon Kelhead was Infeft , holding of Queensberry , and thereupon pursues a Declarator of Non-entry , both generally and specially in the said Summons . It was alleadged for the Defenders absolvitor , because they were not the Pursuers Vassals , for albeit he was Infeft holding of Queensberry , to the effect he might become their Superiour , yet that Infeftment was null , because no Superiour could interpose any Person betwixt him and his immediate Vassals : Likeas the Non-entry could only infer the Feu Duty till Decreet or Declarator were pronunced , which used to be per se , but here both special and general Declarator being joynt , could only conclude the Feu Duties for bygones till Litiscontestation . The Lords found that albeit the Pursuers Title upon his Infeftment , by which he was interposed , was invalide ; yet seing it contained a Disposition and Assignation to the Feu Duties , and Casualities of the Superiority , that the Pursuer had sufficient Title thereby , as Donator by Queensberry the Superiour , and found that the Non-entry carryed only the Feu Duty before the Citation , but after the Citation , the whole Profites , seing the Vassals did not upon the Citation , obtain themselves Infeft by Queensberry . Laird of Milntoun contra Lady Milntoun . Ianuary 31. 1671. JOhn Maxwel younger of Calderwood having Married the Lady Miltoun Sir Iohn Whitefoord of Milntoun her Stepson Acquired from him his Right to her Joynture of Milntoun , as her H●sband jure mariti , thereafter Iohn Maxwel having gone out of the Countrey , the Lady pursues a Divorce against him , upon Adultery committed with Margaret Davidson , in which Process ▪ Milntoun as having interest in the Joynture , which would return to the Lady from him upon the Divorce , craves to be admitted in the Process , but was not admitted , so the Process proceeded , and the Decreet of Divorce pronunced : whereupon Milntoun raises Reduction of the Commissars Decreet upon iniquity , because he was unjustly excluded from Defending , and if he had been admitted , he would have proponed pertinent Interrogators to the Witnesses which were omitted , and would have proponed Objections against their Hability , which would have excluded them from being Witnesses . In this Process the Lords Ordained the Witnesses to be Re-examined upon all such pertinent Interrogators as Miltoun should propose , and they being Re-examined , did acknowledge that the Lady prompted them how to Depone , as to their knowledge of Margaret Davidson , and gave them Tokens of her by her Cloaths and Stature , and that she promised them a good Deed to Depone . In which Process the Lords found that the Witnesses upon Re-examination , after Sentence , could not by their posterior Deposition , Derogat from the first Deposition , and therefore Assoilzied from the Reduction , reserving and allowing to Milntoun his Action of Reprobator , wherein he now insists on these Grounds , First , That the Witnesses , Paterson and Clerk who only proved , were viles personae , having no means worth the Kings Unlaw . 2dly , That they were Persons infamous , and of very evil Repute , and in their Examination before , they had prevaricat and contradicted themselves . 3dly , That the Lady had Suborned and Corrupted the Witnesses , by Prompting and Instructing them how to Depone . 4thly , That she had Corrupted the Witnesses before their Testimonies before the Commissars , by giving some of them twenty Dollers to bear Witness , which is far above their ordinar allowance of Witnesses for their Charges . It was answered for the Defender , First , no Objection was now competent against the Hability or Sufficiency of the Witnesses , because Objections were given in against them by the Pursuer , and they have Deponed thereanent , so that albeit Reprobators be competent , where the Pursuer cannot instantly verifie his Objections against the Witnesses , and protests for Reprobator ; yet if either he forbear to protest , or refer his Objections to the Witnesses Oaths , he can never be heard by way of Reprobator against them : And here this Pursuer neither Protested for Reprobators at the first , nor at the Re-examination , but upon his own desire , they were purged , and did Depone anent these Objections . 2dly , Having made use of the Witnesses upon the said Interrogators , he has approven them , and cannot quarrel their Testimonies . And as to the particular Objection of their poverty , they have already Deponed that they are worth the Kings Unlaw , and it being a Negative , which is not presumed that persons are so poor , it cannot be proven by Witnesses , and though it could , and were a sufficient Objection ordinarly , yet in a Crime of this Nature , which is so Clandestine , Objections of Poverty would not be sufficient , and as to that Member of the Reprobator , that they are persons of evil Fame , it is not Relevant , unless they were infamous , infamia juris , either by such Deeds , as the Law Declares to infer Infamy , or by a Sentence of a Judge , declaring them infamous . As to that Member of the Reprobator upon Subornation , it is not Relevant , unless it were Libelled , that the Witnesses undertook so to Depone , or that they had Deponed accordingly , for the Witnesses might be far above exception , as no offer of Subornation could Canvel the Faith of their Testimony , and so infer a blemish upon them . And it was answered to all the Members of the Reprobator that they are not proven by Witnesses , but by Oath of Party , otherwayes such Processes could never end , for if Witnesses were Receiveable to prove the Inhability or Corruption of the first Witnesses in the principal Cause , then the Testimonies of the Witnesses in the Reprobator might be Canvelled by Witnesses in a second Reprobator , against the Witnesses in the first Reprobator , and so Reprobator upon Reprobator without end . It was answered for the Pursuer to the first , that he cannot be excluded from Reprobators against the Commissars Decreet , though he protested not therefore , in respect it is evident by the Decreet , that he was not admitted to compear , but he did Protest in the Reduction before the Lords , who have expresly allowed him his Reprobators , neither doth the taking of the Oaths of the Witnesses de initialibus testimoniorum , exclude Reprobators , albeit the Party desire them to be Re-examined upon Oath thereupon , for that Oath is not an Oath upon the Parties Reference , as stating the sole Probation thereupon , but it is a judicial Oath , & partis judicis , for the Judge may , and ought so to Examine the Witnesses , whether the Party require or not , so that the Party refers not these Points to the Witnesses , but requires it of the Judges as a part of his Office. And as to these Points , every Witness is testis singularis , for he Depones only his own Hability , and so there is no Probation thereby , except in so far as may militate against the Witnesse himself , so that contrary Probation may well be admitted against such an Oath , as well as against Executors upon Super-intromission , Tutors or Curators upon negligence or Malversation : and if it were otherwise , Reprobators could be Sustained in no case against Decreets of the Lords , because of Course , they take the Parties Oath to purge themselves of partial Counsel , and of Corruption by promise , or receiving of good Deed , &c. Neither doth the Pursuers making use of the Testimonies of thir Witnesses in their Re-examination , import his Approbation of their Hability and Integrity , for Parties may give Interrogators to Witnesses not adduced by themselves . To the second , this Process being of so great importance , all lawful Objections against the Witnesses are competent , and there is none more ordinar than that they are pauperes , not worth the Kings Unlaw , and so lyable to great Temptation of Corruption . And as to the attempt of Suborning , or Brybing the Witnesses , it is most Relevant and express in Law l. 33. ff . de re judicata , bearing testibus pecunia corruptis conspiratione adversariorum , &c. which being pessimi exempli in odium corrumpentis , not only are the Witnesses punishable , but the Sentence annullable , which is confirmed toto titulo Codicis si ex falsis instrumentis , and that without regard whether they undertake or Depone falsly or not , as is observed by Bartol l. in princ . ff . de falsis & adict l. divans 33. de re judicata Num. 7. and Covaruvias in repet . C. quamvis fol. 57. Col. 3. which he attests to be the common opinion ; and which is likewise attested by Boss. in tit . de falsis num . 1608. and by Will. 66. com . opin . fol. 2991. and especially by Hartman tit . 15. de testibus observ . 16. where he doth expresly maintain , that it is not so much a lawful to instruct a Witness , excitandae memoriae causa non si subito deprehendatur haesitet & titubet , in respect any such instruction is subornationis velamentum : and which Opinion hath been likewise Confirmed by the Decisions of the most eminent and famous Courts of Justice , as may appear per Capell . tholos . deces . 2804. and others . And which is likewise the Opinion of Clarus , viz. That the foresaid Acts of Corruption are disjunctive and separatim Relevant , as may appear by Fassum . Num. 12 , & 13. & qu●st . 53. de exceptionibus quae contra testes opponi possunt . And to the last alleadgeance against the Probation by Witnesses , that it would infer an endless course of Reprobators : It was answered , that by the same Reason , Reductions might be taken away ; because the Decreet Reductive might be Reduced , and that Decreet by another Reduction without end : But Reprobators have every where been Sustained , and no such inconvenience ever found ; neither can it be imagined , that every Pursuer of a Reprobator will prevail , which this infinite progress must suppose , only it may infer , that Witnesses in Reprobators ought to be more unquestionable , than the Witnesses called in question thereby . The Lords found that Reprobators were competent , albeit the Witnesses upon Oath Deponed upon their own Hability , at the desire of the Party : and albeit the Party Protested not for Reprobators , seing he was not admitted to compear , and found that Member of the Reprobators upon the poverty not Relevant in this Clandestine Crime : neither that Member upon their alleadged Infamy , unless it were alleadged that they were infamous , infamia juris , by any Deed which the Law expresly declares to infer Infamy , or were declared infamous sententia judicis : and found that Member of the Reprobators upon instructing or prompting the Witnesses Relevant , without necessity to alleadge the Witnesses undertaking or Deponing conform , and that in odium corrumpenti● , without inferring any blemish upon the Witnesses so prompted , who consented not , or swore falsly : and found that Member Relevant of Corrupting the Witnesses , by giving or promising of good Deed , more than might be suitable to the Witnesses for their Charges : but as to the manner of Probation by Oath or Witnesses , The Lords superceeded to give answer , till a Practique alleadged upon were produced . Pringle contra Pringle . February 1 ▪ 1971. PRingle of Soutray having only three Daughters , does in his Testament done upon Death-bed , Dispone his whole Lands to his eldest Daughter , and Constitute her universal Legator ▪ with this provision , that she pay 10000. merks to the other two Daughters , the Disposition as to the Lands being Reduced , as being in Testament , and on Death-bed , the universal Legacy was Sustained , to give the eldest Daughter the Right of the Deads part , whereupon it was alleadged for the other two Daughters , that if the eldest insisted for the universal Legacy , she behoved to have it with the burden of the ten thousand merks , which was a burden both upon the Land and Moveables , and doth no more relate to the one than the other , so that albeit the Right of the Land be Evicted , the Moveables remains burdened , as if a Father should Dispone certain Lands to a Son , with the burden of Portions to the other Children , albeit a part of the Lands were Evicted , the Portions would be wholly due without abatement . It was answered for the eldest Daughter , that in latter Wills , the mind of the Defunct is chiefly regarded , not only as to what is exprest , but to what is implyed or presumed , and here it is evident , that the mind of the Defunct was , that his two younger Daughters should only have ten thousand merks in satisfaction to all Rights of Lands or Moveables : Now seing they have gotten two third parts of the Land , which is much better than ten thousand merks . It cannot be thought to be his meaning to give them any share of his Moveables also , but that the half thereof , which was at his disposal , should belong to the eldest Daughter without burden . Which the Lords found Relevant , and declared the same to belong to the eldest Daughter , without burden of the Provisions . Alexander Ferguson contra Parochioners of Kingarth . Eodem die . ALexander Ferguson being one of the Prebands of the Chapel-Royal , by His Majesties Presentation and Collation , pursues the Heretors of the Paroch of Kingarth for the Teinds , as being annexed to the Chappel-Royal , as appears by the Books of Assumption , and three Presentations from the King produced . Compearance is made for the Minister of Rothsay , who alleadged that he had Presentation to the Kirk of Kingarth from the King , and Collation thereupon , and so had best right to the Teinds of his Paroch , because de jure communi decima debentur p●rocho , and as for the Pursuer , he shews no Right by any Mortification of these Teinds to the Chappel-Royal ; Neither can he make it appear , that ever he , or any other Prebander were in Possession civil or natural thereof . 2dly , Albeit the Prebanders had had a Right , the same is now taken off by Prescription , because it is offered to be proven , that the Minister hath been 40. years in peaceable Possession , before the Pursuers Citation , which not only takes away the bygones , but the whole Right , and establishes the same in the Ministers person . The Lords found the Books of Assumption , and the three Presentations from the King , sufficient to instruct the Pursuers Title , and found the Defense of Prescription Relevant , as to the bygones before the Citation , but not to Establish the Right in the Minister , or to take it from the Chappel-Royal , as to years after the Citation , and in time coming , in respect of the Act of Parliament , providing that the Kings Interest shall not be prejudged by the neglect of His Officers . Blair of Bagillo contra Blair of Denhead . February 3. 1671. BLair of Bagillo having granted Bond to Blair of Denhead , he did Assign the same to Guthrie of Collistoun . Bagilio raised Suspension against Collistoun as Assigney , in Anno 1632. and now Collistoun insists in a Transferring of the old Suspension and Decreet Suspended against Bagillo's Heirs , to the effect the Cautioner in the Suspension may be reached . It was alleadged no Transferrence , because Bagillo ●s Father obtained a general Discharge from Denhead , before any Intimation upon Collistouns Assignation ; and albeit the Discharge be posterior to the Assignation produced , it must liberat the Debitor , who was not obliged to know the Assigney before Intimation . It was answered , that the Debitor might pay to the Cedent bona fide , before Intimation : yet a Discharge obtained from the Cedent after Assignation , would not liberate against the Assigney , though it were before Intimation : and this general Discharge bears no onerous Cause . 2dly , This general Discharge being only of all Processes and Debts betwixt Bagillo and Denhead , at that time , it cannot extend to this sum assigned by Denhead long before , and who could not know whether the Assigney had intimate or not , and cannot be thought contrair the Warrandice of his own Assignation , to have Discharged the sum Assigned , especially seing there was an Assignation long before , which was lost , and the Intimation thereof yet remains ▪ and this second Assignation bears to have been made in respect of the losse of the former , and yet it is also before this general Discharge . The Lords found the general Discharge of the Cedent could not take away this sum , formerly assigned to him , though not Intimat , unlesse it were proven that payment or satisfaction was truely made for this Sum. Alexander Wishart contra Elizabeth Arthure . February 4. 1671. UMquhil Mr. William Arthure being Infeft in an Annualrent out of some Tenements in Edinburgh , and having entered in Possession , by lifting of Mails and Duties , some of his Discharges being produced . Alexander Wishart as now having right to the Tenements , pursues a Declarator against Elizabeth Arthure , only Daughter to Mr. William , for declaring that the sum whereupon the Annualrent was Constitute , was satisfied by Intromission with the Mails and Duties of the Tenements . The Defender alleadged that this was only probable scripto vel juramento , and not by Witnesses , for an Annualrenter having no Title to Possess , out-put and in-put Tennents , cannot be presumed to uplift more than his annualrent , especially seing his Discharges produced for many years , are far within his annualrent , and it were of dangerous consequence , if Witnesses , who cannot prove an hundreth pounds , were admitted , not only to prove Intromission with the Rents , so far as might extend to the Annualrent , but so much more as might satisfie the Principal , and thereby take away an Infeftment : for albeit that Probation has been Sustained to extinguish Appryzings , which are rigorous Rights , yet not to take away Infeftments of Annualrent . It was answered , that albeit Witnesses are not admitted where Writ may , and uses to be adhibite , in odium negligentis , who neglected to take Writ : Yet this is no such case ; and therefore in all such , Witnesses are admitted : for if the Pursuer had insisted against the Defender , for intrometting with his Mails and Duties , of whatever quantity and time within Prescription , Witnesses would have been admitted : The Defender could only have excepted upon his Annualrent , which would have been Sustained , pro tanto ; but the Pursuer would have been admitted to prove further intromission , which being by vertue of his Security for a Sum , and in his hand would Compense and Extinguish that Sum , which is all that is here craved , and whereupon the Witnesses are already Adduced . The Lords Sustained the Probation by Witnesses , for the whole intromission , to be imputed in satisfaction of the Principal Sum and Annualrents . Lowrie contra Gibson . Eodem die . LOwrie being Superiour to Gibson in a Feu , pursued him before the Sheriff , for annulling his Feu , for not payment of the Feu-duty , and obtained Decreet against him , and thereafter Pursued him before the Lords for Mails and Duties , wherein Compearance being made , Gibson made an offer , that if Lowrie would free him of bygones , and pay him 1600. merks , he and his Authour would Dispone their whole Right , which being accepted by the Superiour , Decreet was pronunced against Gibson , to denude himself upon payment : Shortly thereafter , Gibson drew up a Disposition , and Subscribed it in the Terms of the Decreet , and offered it to Lowrie , who refused it , because his Author had not Subscribed . Thereafter Gibson Suspended upon Obedience , and Consigned the Disposition which was never Discussed ; but Gibson continued in Possession still from the Decreet , which was in Anno 1650. Now Gibson raises a Reduction of the Sheriffs Decreet of Declarator , annulling his Feu , because the Sheriff was not a competent Judge to such Processes , and because Gibson had offered the Feu-duty , which was refused , so that the not payment was not through his fault : and also insisted for Reduction of the Lords Decreet , as built upon the Sheriffs Decreet , and falling in consequence therewith . And as for any offer or consent , the assertion of a Clerk could not instruct the same , unless it had been warranted by the Parties Subscription . It was answered , that Gibson having Homologate the Decreet , by an offer of the Disposition , conform thereto , which was only refused , because it wanted the Authors Subscription ; and having Suspended upon Obedience , he cannot now object , either against the Decreets or Consent . It was answered , that so long as the Decreets of the Sheriff and the Lords were standing , Gibson might be compelled thereby to Consign the said Disposition ; but that is only on these Terms , to be given up if the Lords saw Cause ; and hinders not Gibson to alleadge , why it should not be given up . And as to the offer to deliver the Disposition , the Instrument of the Nottar could not instruct the same , but only Gibson's own Oath . The Lords found that albeit the Consignation for the Suspension would not have prejudged Gibson , yet the simple offer to deliver the Disposition , did so Homologate the Decreets and Consent , that he could not quarrel the same ; but they found it not proven by the Instrument , without the Oaths of the Witnesses insert in the Instrument : And in regard that Lowrie had letten the matterly over for more than twenty years , they Declared that the Agreement should only take effect from this time , and that Gibson should not be comptable for the bygone Duties . Ninian Home contra Francis Scot. February 7. 1671. NInian Hume having Charged Francis Scot upon a Bond of 550. merks ; He Suspends on this Reason , that both Parties having referred the matter verbally to an Arbiter , he had determined 200. merks to be payed for all , whereupon Hume had pursued . It was answered , that verbal Submissions and Decreets Arbitral are not binding , but either Party may resile before Writ be adhibite . The Lords found the Reason was Relevant to be proven thus , by the Chargers Oath that he did submit ; and by the Arbiters Oaths , that they did accordingly determine . Lowrie of Blackwood contra Sir John Drummond . Eodem die . SIr Robert Drummond of Meidhope having Disponed his Lands of Scotstoun to Sir Iohn Drummond , for love and favour , and for better incouraging Sir Iohn to pay his Debt , as the Disposition bears , and under Reversion of a Rosenoble to Sir Robert in his own Life . Mr. John Drummond Sir Roberts appearand Heir , grants a Bond to Lowrie of Blackwood , whereupon he Adjudges the Land from the appearand Heir , and pursues a Reduction of the Disposition , as done on Death-bed . In which Pursuit Witnesses were appointed to be Examined , hinc inde , concerning Sir Roberts condition , when he made the Disposition , and thereafter till his Death ; the sum of the Probation was , that before the Disposition Sir Robert had contracted an Apoplexie , whereby he remained senseless for a time , but by Cure there remained a Palsie in his Tongue , and a Vertigo in his Head , which continued till his Death , and about a year after that the sickness affected his Brain , so that he lost the remembrance of Names of things , and most of the Witnesses Depones , that he was not found thereafter in his Judgement , but that he keeped on his Cloathes , and was not affixed to his Bed , and went frequently and walked in his Garden , and to the Court-hill , half a pair of Butts off ; and one of the Witnesses Deponed , that he came to his House alone , a quarter of a mile off : but that he went never to the Kirk nor Mercat , nor any publick place : Whereupon it was alleadged for the Defender , that the Defunct continued in health at and after the Disposition , and that his going so frequently abroad , was equivalent to his going to Kirk and Mercat , which was sufficient to eleid the Reason of Death-bed , and that the Palsie being but in his Tongue , albeit he misnamed things , it did not import his being on Death-bed , especially seing he Disponed for payment of his Debt , equivalent to the worth of the Land , his Disposition being to a Friend of his Name , who Relieved him of his Debt , his Heir not being his Son , nor Descendent , and uncapable to Relieve him of his Debt . It was answered , that the contracting of his sickness being sufficiently proven to be before this Disposition , and the continuance thereof to affect his Brain , in that case nothing could purge the same , but his going to Kirk and Mercat , which were the acts required in Law , and could not be supplied by his going privatly abroad , and not to any popular publick meeting ; and as to his Debts they could not validat the Disposition by exception , though the Defender might by way of action affect therewith the Estate , or Burden the Heir , on whose Bond it was adjudged , especially seing the Disposition buir for Love and Favour , and Redeemable for a Rose-noble . The Lords found the Reason of Death-bed sufficiently proven , and that his private going abroad ( though unsupported ) was not equivalent to going abroad to Kirk and Mercat , or publick meeting , where the Disease continued to affect the Brain ; But they found the paying of Debts equivalent to the worth of the Land Relevant by way of exception , in regard the Disposition buir to be for payment of his Debt . Mr. Iohn Wat contra Campbel of Kilpont , Feb. 8. 1671. SIr Archibald Campbel being Debitor to Adam Wat in a Sum of Money , he did thereafter Contract his Son Mr. Archibald in Marriage with Thomas Moodies Daughter , and by the Contract Thomas Moodie acknowledges the Receipt of fourty thousand Pound from Sir Archibald , and is obliged for twenty thousand Merks of Tocher , all to be imployed for Mr. Archibald in Fee ; but Thomas Moodies Daughter Dying , and leaving no Children behind her , Thomas Moodie did restore the Sums , and there is a Discharge granted by Sir Archibald and his Spouse , and Mr. Archibald bearing them to have Received the Sums , and to have Discharged the same ; Whereupon Mr. Iohn Wat as Heir to Adam , pursues Mr. Archibald to pay him the Sum due to his Father , upon this ground , that he having Received fourty thousand Pounds of his Fathers Means , after Contracting of the Debt , ought to make so much of it forthcoming as will pay the Pursuer ; which Action was founded upon the Act of Parliament , 1621. whereby all Deeds done by Debitors in prejudice of their Creditors , without a Cause Onerous are declared null , and all Parties that by vertue thereof Intromets , are declared lyable to restore to the Creditors . It was answered for the Defender ; First , That the Libel was not Relevant , there being no part of the Act of Parliament 1621. that Incapacitats Debitors to Gift or Dispone Sums of Money , or Moveables , especially if the Disponer at that time be not insolvent , but have a sufficient Estate for satisfying his Debt ; and it is offered to be proven , that Sir Archibald had at the time of this Contract a sufficient Estate for all his Debt , in the hands of the Earl of Argile and Glenorchie ; and albeit by the superveening Forefaulture , Argiles Debt be insufficient , it was a good Debt the time of the Contract , so that there can be no ground to make a Child lyable to Restore a Portion given by a Father who was solvent . 2dly , Albeit the Defender could be lyable , if it were clear that he had the Sum foresaid by his Father yet remaining to the fore , yet if it had been lost or spent before the Intenting of this Cause , he or any subsequent Estate acquired aliunde is not lyable , ita est anything he has is a Wodset of fourty thousand Merks on Kilpont , and the two Tochers he had viz. twenty thousand Merks from Thomas Moodie , and ten thousand Merks of Legacy , and twelve thousand Merk of Tocher with Sir William Gray's Daughter , was sufficient to acquire the Right of Kilpont , without any thing from his Father . 3dly , The Discharge produced cannot instruct that Mr. Archibald Received the Money , because it bears indefinitly that payment was made to Sir Archibald and his Spouse , and to Mr. Archibald , and all of them do Discharge . The Pursuer answered , that the Libel was very Relevant , for whatsoever might be alleadged of Bairns Portions by a solvent Father , yet this being so considerable a Fortune provided to the only Son , and appearand Heir , if it did not make him lyable to satisfie the Fathers Debt pro tanto , it were a patent way to defraud all Creditors and elude the Act of Parliament , for the Father might Sell his Estate , and provide the Moneys in this manner ; and as to the Discharge , albeit it be indefinite , yet it must be presumed that Mr. Archibald Received the Sums , because they belong to him in Fee by the Contract of Marriage . The Lords found the Libel Relevant , and that the Discharge produced did presume that Mr. Archibald the Feear did Receive the Money , but seing the Probation was not expresse , but presumptive , they allowed Mr. Archibald to condescend upon what Evidences he could give , that the Money or Surety thereof was Delivered to his Father . Iohn Will contra The Town of Kirkaldy , Feb. 11. 1671. JOhn Will pursues the Magistrats of Kirkaldy for paying the Debt of a Person Incarcerat in their Tolbooth , who was letten escape by them . It was alleadged for the Town , that the Person Incarcerat had escaped vi majore , and that they had not failed in their duty , having had a sufficient Tolbooth , having four Doors , and the inmost an Iron Door , and that all being Locked ; the Person Incarcerat having gotten secretly conveyed in some Mason or Wrights Tools , had in the night broken all the Locks , and escaped . It was answered , that the Defense was not Relevant , neither had the Magistrats done their duty and diligence , for they ought to have had Chains , and Cat-bands upon the utter-sides of the Doors , with Locks thereon , unto which the Incarcerat Person could not reach ; and it was alike how many Doors they had upon the Tolbooth , with their Locks inward , for the same means that would break up one , would break up twenty , and if such a pretence should liberat the Magistrats , it were an easie way to elide all Captions , and let all Persons for Debt free . It was answered for the Town , that the having of Cat-bands without , Closed and Locked , was not the custom of their Tolbooth , who past all memory did never Lock the outward Chains but upon Malefactors , and such is the custom of Edinburgh , and other Burghs of Scotland . The Lords having before answer , ordained Witnesses to be Examined on both parts , anent the condition of the Tolbooth , and finding thereby that there was no Cat-bands or outward Chains Locked when this Prisoner escaped , they found the Magistrats had not done their duty , and so Decerned against them . Alexander Naper contra The Earl of Eglintoun , Feb. 14. 1671. THere was a Bond granted by the Laird of Minto as principal , Lugtoun Iames Creichtoun , and the Earl of Eglintoun Cautioners , in Anno 1641. to Adam Naper and his Spouse in Conjunct Fee ; Alexander Naper as Heir to his Father , pursues this Earl of Eglintoun as Heir to his Father for payment , who alleadged Absolvitor , because Minto having Disponed his Estate to his Son , under express Provision to pay the Debt , the same was satisfied by Minto younger , and was retired lying by him a long time , or by Robert Vrie , who had the Trust of Minto's Affairs and Writs , and Minto younger being lapsus bonis , and Robert Vrie being dead , the Pursuer had either practised with Minto upon his necessity , or upon Robert Vries Friends to give him back the Bond , and for evidence that the Bond has been satisfied and retired . First , It had lyen dormant above this thirty years , without either payment of Annualrent , or any Diligence . 2dly , The late Earl of Eglintoun being Forefault by the Usurpers , his Creditors were appointed to give in their Claims , or else to be excluded , and yet no Claim was given in for this Debt , and therefore craved that Witnesses might be Examined ex ●fficio for proving of the points foresaid . The Pursuer answered , that it was an uncontroverted principle in our Law , that Witnesses could not prove payment of any Debt due by writ , nor take the same away ; and as to the pretences adduced by the Defender , they import nothing , for the delay of seeking payment or Claiming the Sum , was because the said Adam Naper was with Montrose in the War , and his Heir remained a Minor , and his Wife was Married to another Husband . The Defender answered , that the Wife was Liferenter of the Sum , and she and her second Husband would certainly have sought her Annualrent , or Claimed the Sum , which takes off the excuse of the Pursuers Minority ; and albeit Writ be not taken away by Witnesses ordinarly , yet where the matter is so ancient , and the Evidences so pregnant , the Lords uses not to refuse to Examine Witnesses ex officio . The Lords ex officio ordained Witnesses to be Examined anent the being of the Bond in the Custody of Minto , or his Doers , being a matter of Fact , but would not Examine them anent the payment made thereof . George Bain contra The Bailzies of Culrosse , Eodem die . GEorge Bain pursues the Bailzies of Culrosse for payment of the Debt of a Rebel , whom they had suffered to go free up and down their Streets , whereupon he had taken Instruments against them , and protested that they should be lyable for the Debt ; seing squalor carceris is justly introduced against Debitors that will not pay their Debt , and the Magistrats of Burghs may not take it off in whole or in part , and produced a Practique observed by Durie upon the 27. of March 1623. Smith against the Bailzies of Elgine , where the Prisoner being suffered to walk freely upon the Streets , till he obtained a Charge to set to Liberty , the Magistrates were found lyable . The Defender alleadged Absolvitor , because he offers to prove that this Prisoner's going out was necessary , viz. He being a Person altogether Indigent , was permitted sometimes to go and mendicat his Bread , and once to go to the Burial of a Child of his own , and immediatly thereafter ; the Pursuers having taken Instruments , the Rebel was put in Waird , and continued there till he Died. Which the Lords found Relevant to Liberat the Burgh . Apilgirth contra Locarbie . Eodem die . IN a Compt and Reckoning at the instance of Apilgirth , for declaring two Apprizings Led by Lockerbie satisfied , this Query was moved by the Auditor , whether a Sum Consigned by umquhile Apilgirth , for Redeeming a part of the Lands Wodset to Lockerbie , conform to the Reversion in the Wodset , might be proven to be uplifted by Apilgirth from the Consignator , by the Oath of the Consignator , and of the Clerk of the Process who Received the Money , or only by Writ , Apilgirth the Consignator being Dead . The Lords considering that it was ordinar to take up Sums Consigned for Redemption of Wodsets , being upon the peril of the Consigner , did appoint the Oath of the Consignator and Clerk to be taken , for proving that the Money was taken up by Apilgirth from the Consignator , and that Apilgirth and not the Consignator put it in the Clerks hands , and that the Clerk gave it up again to Apilgirth . The Earl of Argile contra The Laird of Mcnaughtan . Feb. 15. 1671. THe Earl of Argile pursues the Laird of Mcnaughtan to Remove from the Lands of Benbowie , as being a part of the Earls Barony of Lo●how . The Defender alleadged Absolvitor , because he pr●duces a Seising , dated in Anno 1527. proceeding upon a Precept of clare constat from the Earl of Argile , in favours of Alexander Mcnaughtan as Heir to Giller Mcnaughtan , of the four Merk Land of Benbowie , by vertue whereof , the said Alexander and his Successors to this day have Possessed , and so have a sufficient Defense upon prescription by the Act of Parliament 1617. anent prescription . The Pursuer answered , that the Defense is not Relevant , as it is founded upon the naked Seising only , because by the said Act of Parliament there is required to all prescriptions of Land a Title in Writ , preceeding the 40. years Possession , which Title is d●stinguished in two cases ; First , In relation to Rights acquired titulo singlari , whereunto is required not only a Seising , but a Charter , which although they may be excluded by an anterior or better Right , yet if Possession hath been had thereafter , for the space of fourty years uninterrupted , it becomes an unquestionable Right , and all other Rights are excluded . But , Secondly , A greater favour is showen as to the Title of prescription of Lands belonging to any Party titulo universali as Heirs to their Predecessors , in which their is no Charter required , but Seisings one or moe continued , and standing together for the space of fourty years , either proceeding upon Retours , or upon Precepts of clare constat , so that the Seising in question proceeding upon a Precept of clare constat cannot be a sufficient Title for prescription , unless the Precept of clare constat ●which is the Warrand thereof were produced . 2dly , The said provision of the Act requires that the Seising one or moe must stand , and be continued for the space of fourty years , which cannot be alleadged in this case , because by the Defenders production it is clear that the said Alexander Mcnaughtan , to whom the Seising was granted , Lived not for fourty years after the Seising , so that unless his Heir had been entered , and had Possest by vertue of the Heirs Seising to perfyt the fourty years , the Defense of prescription is not Relevantly alleadged . The Defender answered , that his Defense of prescription stands Relevant upon this one Seising only ; and he oppones the foresaid Clause in the Act of Parliament where an Heirs Title of prescription , is a Seising proceeding upon a Retour or Precept of clare constat , and does not mention that the Seising and Precept shall be a sufficient Title , as it does in the case of Lands acquired , where it expresly requireth both a Charter and Seising , and it had been as easie in this Clause to have required a Seising , and Retour or Precept , whereas it doth only require a Seising on a Retour or Precept , so that the Seising relating the Retour or Precept is sufficient , and by long course of time sufficiently instructs the being of the Retour or Precept . As to the second answer , the meaning of the Act of Parliament by a Seising one or moe standing together , is that the said Seising be not Reduced , for our Law doth ordinarly oppose standing and falling by Reduction , so that albeit the Party Seised Died within fourty years after the Seising , his appearand Heir continued his Possession , and being one Person in Law with him , did Possess by his Seising , and if it were otherewise understood , many absurdities would follow ; for if a Person were Infeft as Heir , and did Possess thirty nine years , thereafter Dying , then if his Heir were not Infeft within the year , he should have no Title of prescription , though within the fourty year six Heirs consequently were Infeft , all their six Seisings with thirty nine years Possession , though their appearand Heir should continue an hundreth years thereafter in Possession , would not induce pre●cription , yea , taking the Act Literally , it can never have effect , unless the Heir Infeft Live and Possess after his Infeftment fourty years , which is very rare , for if there be more Heirs that Succeed , there must be still an intervale betwixt the Death of the one , and the Seising of the other , and so the Seisings could not be said to be continued , but discontinued or interrupted , for Possession is not continued , if the Possessor cease to Possess one year , so that prescription being of common Interest and Advantage to the Leiges , the same ought to be ampliate in the interpretation thereof , and not straitned . The Pursuer answered , that he opponed the clear words of the Act of Parliament , which does not only require fourty years continual Possession , but also that it be by Seisings sta●ding , continuing together fourty years , and that upon very solide Reason , for if both Charter and Seising be required for a Title to prescription in Rights acquired : It cannot be imagined that an single Seising should be sufficient in Rights devolved by Succession , without requiring any thing in place of the Charter , so that if neither the Precept nor Retour be required , nor yet the continuance of the Seising , either standing in the Person of the first Heir , or renewed in the Persons of the subsequent Heirs , which certainly is of purpose put to astruct the Right in place of a Charter , or other Adminicle of the Seising , and therefore the standing of the Seisings is not here opposed to their being Reduced , but their falling by the Death of the Person Infeft , whereby according to the ordinar Terms of Law , the Fee falleth in Waird or Nonentry in the hands of the Superior ; neither can a subsequent Heir Possess by the Seising of a prior Heir , because Seisings are not given to Heirs , but to the individual Person Seised ; but Charters and other Rights given to Parties and their Heirs may be a Title to their Heirs to Possess , but not a naked Seising ; and as to the inconvenience , it would be far greater if one single Seising were sufficient , and would open the Door to all Forgery , after Parties and Witnesses are Dead , but if more Seisings be required , if the first Person Die , it is much more difficult to Forge diverse Seisings , by diverse Nottars , and diverse Witnesses , which may be redargued by the Hand-writ of some of the Nottars , or survivance of some of the Witnesses ; and what is alleadged upon a Seising continuing thirty nine years , or of six subsequent Seisings within that time is easily retorted by consideration of one Seising , whereby the Party Infeft Lived and Bruiked but a year , whethet that would be a sufficient Title for prescription , or if six consequent Seisings proceeding upon Charters and thirty nine years Possession , yea , or a hundred years Possession , all which would make no Title of prescription , unless a Charter were also produced , as is clear by the Act , so we are not to consider equivalencies , but in a Statute must take it as it is made , and not make it ; and as for the inconvenience alleadged that there must necessarly be intervales , it imports not , for the continuance of Seisings is not required to be so exact as the continuance of Possession , but subsequent Heirs being Infeft , albeit there be an intervale , their Seising as in many other cases will be drawn back to the Death of their Predecessor , if there be no medium impedimentum by any Process intented in the interim ; so that at least there must be a Seising standing when the Possession begane , and a Seising standing when the first fourty years is compleat , but here there was no Seising renewed , though there be a hundred years after the first fourty years , and a full progress as to all other Lands . The Lords found that there was no necessity to produce , or instruct that there was a Precept or Retour , otherewise then by the relation of the Seising , but found that a Seising not having fourty years Possession , by the Life and Bruiking of the Person Seised , and never being renewed in his Successors , is not a suffient Title of prescription , and therefore Repelled the Defense : in this Process the Defender was permitted to alleadge the Lands in question to be Part and Pertinent of his other Lands , whereof he shew a full Progress , and alleadged a continual Possession , by doing all Deeds of Property that the Subject was capable of , and the Pursuer alleadging that these Lands were severally kend and known from all the Defenders Lands contained in the said Progress , and that he and his Predecessors had exercised all acts of Property that could be done in the case of a Forrestry , such as the Lands in question were , and that after the Defenders alleadging on a several Infeftment , by the foresaid Seising , and so acknowledging these Lands to be separ●●●m ten●mentum , he could not return to alleadge Part and Pertinent so considerable a tract of Ground , six or seven Miles long , yet the Lords would prefer neither Party to the probation , but before answer ordained either Party to adduce Witnesses anent their Possession , and the several specialities by them alleadged , that by the probation the Lords might see the just Interest of either Party , which might resolve into a promiscuous Commonty , or into a Property to the one , and a Pasturage or other Servitude to the other . Marion Dods contra Lawrence Scot. Feb. 16. 1671. BY Contract of Marriage betwixt Iames Scot and Marion Dods , Marion is obliged to pay in Tocher a thousand pound to the said Iames at the next Candlemass , and the said Iames is obliged to imploy the same to him and her in Conjunct Fee , and to the Heirs of the Marriage , which failzing to her Heirs , and Iames having Died without Children ; the said Marion pursues Lawrence Scot as his Heir , to imploy the Sum conform to the said obligement , who alleadged Absolvitor , because the Pursuer has yet the Tocher in her own hand , unless she can show a Discharge . It was answered , First , That the Parties having lived together 22. years , it must be presumed that the Husband was payed , and had the Custody of the Discharge . 2dly . The Husband by his Testament acknowledges that the Sum was payed . It was answered , that this written Obligation cannot be taken away by such a presumption , and the Assertion of the Defunct in the Testament , has been procured by the Wifes importunity in her Husbands weakness , and however cannot prejudge the Heir , and can import no more then as legatum liberationis , which can only affect the Deads-part of the free Geir . The Lords found the presumption with the acknowledgement in the Testament a sufficient payment of the Tocher , against all Parties having interest . William Gordon contra Sir Alexander Mcculloch of Ardual . February , 17. 1671. WIlliam Gordon as Donator to the Recognition of the Barony of Cardines , by allienation of the Major part thereof , pursues a Declarator of the Recognition against Sir Alexander Mcculloch , who stands now Infeft therein , who alleadged no Process , because the Pursuer produces no Charter to show the Lands to hold Waird , neither doth he produce the Infeftments Libelled , by which the Recognition is alleadged to be procured , and if he shall get a Term to prove , and so Litiscontestation be made , the Defender will either be excluded from his Defenses , which he cannot propone or know before he see the Infeftments , or otherwise two Litiscontestations may be in the same Cause , by admitting of exceptions after the Term , and albeit these Infeftments be not the Pursuers own Writs , yet he ought to have used an incident upon his Summons , to have compelled the Havers to produce the same , and so before Litiscontestation , the Defender might have proponed his Defense . It was answered , that the Pursuer is obliged to produce no more in initio litis then his Gift of Recognition from the King , for the Law presumeth that the King is Superior , and that the Lands are Waird , unless the Defender offer to prove the contrare . As for the Infeftments , whereby Recognition is incurred , they are not the Pursuers Title , but media concludendi ▪ which he may produce ad modum probationis . The Lords Sustained the Process , and assigned a Term to prove the Infeftments Libelled for inferring the Recognition , and reserved all the Defenders Defenses after the production thereof , in the same manner as if they were now produced . Mrs. Katharin Mcgil contra The Viscount of Oxenfoord . Eodem die . THe Deceased Viscount of Oxenfoord having named his Son Executor and universal Legator , he gives a Bond of Provision to umquhile Mistrisse Mary , one of his Daughters , in satisfaction of her Portion natural and Bairns part , there are yet three Children beside the Heir , and the said Mrs. Mary did survive her Father , and in the Compt and Reckoning of his Executory , the three surviving Children claimed half of the Moveables as the Bairns part . It was alleadged for the Viscount the universal Legator , that a fourth part of the Bairns part behoved to belong to him , which would have belonged to Mrs. Mary , because the Bond granted by the Defunct being in satisfaction of M●ries Bairns part , her Bairns part must come in place of it , and not accresce to the rest of the Bairns , but must belong to him as Executor and universal Legator , especially this Bond being granted on Death-bed , is only effectual as a Legacy , whereby the Defunct did burden his own Deeds part , which can be no otherways understood then thus , that he would make up Maries Portion to ten thousand Pounds , her Bairns part being in the first end thereof , and it cannot be thought his meaning to exhaust his Deads part further or to gift any thing to the rest of the Bairns by the accrescence of Maries part . It was answered , that such Bonds of Provision are most ordinar , bearing it to be in satisfaction of their Bairns part , which has ever been so interpret , that the Portion of the Bairn so satisfied accresceth to the rest of the Bairns , and it was never heard that the Heir or Executor burdened with such Bonds of Provision , did thereupon recur to seek that share of the Bairns part , which was satisfied by the Bond of Provision , neither is there any odds whether the Provision were by Legacy or Bond , for the Reason of recourse being , because the Heir or Executor is burdened to satisfie that Bairn , and so in either case doth claim the share of that Bairn , neither was it ever so understood , that Fathers granting such Bonds of Provision , did not thereby leave intire the Bairns part to the remanent Bairns . The Lords found that Mrs. Maries share of her Bairns part did accresce to the rest of the Bairns , and did not belong to the Executor either as a part , or in place of any part of the ten thousand pound , but the samine did solely burden the Deads part . Agnes Dundasse contra The Laird of Ardrosse , and the Laird of Touch. February 18. 1671. THe Laird of Ardrosse having granted Bond to umquhile Mr. Henry Mauld and his Spouse , and their Heirs , of 8000. Merks , and after his Decease he granted a Bond to the Relict , bearing to have borrowed two thousand Merks from her , and obliging him to pay the same to her in Liferent , for her Liferent use only , and after her Decease to William Mauld her Son , and his Heirs ; and another Bond , bearing him to have Received from the Relict a thousand Merks in name of Henry Mauld her Son , and obliging him to pay to the said Henry and his Heirs ; and after all he granted a Bond of ten thousand Merks to the Relict , her Heirs and Assigneys , which was made up of what remained due of all the three , this Bond the Relict Assigned to the Laird of Touch , who having Charged Ardrosse , and he having Suspended , there arose a Competition betwixt Touch as Assigney , and Agnes Dundasse as Heir and Executrix to Mr. Henry , William , and Henry Maulds , and thereupon a division of the Sums betwixt the Parties ; thereafter Agnes Dundasse pursues Ardrosse to make payment to her as Heir and Executrix to William and Henry Maulds , of two thousand Merks , which he was Addebted to the said William , and of one thousand he was Addebted to the said Henry ; Whereupon he hath Deponed that he was Debitor by all the saids Bonds before related , and no otherways , and that in the former Decreet by mistake it was exprest , that the ten thousand Merks Bond was made up of the eight thousand Merks Bond , and of two thousand Merks of Annualrent thereof , whereas the truth was , it was made up by what was resting of the two Bonds due to William and Henry , which he produced cancelled of the Tenor foresaid . It was alleadged for Agnes Dundasse , that the Sums of these Bonds behoved only to belong to her as Heir and Executrix to William and Henry Maulds , and not to Touch as Assigney by the Relict . It was answered , First . That the said Agnes had Homologat the prior Decreet , and division therein made , by giving Discharges accordingly , could not claim any more . 2dly , Another having taken a Bond in the Name of her two Sons , being Bairns in her Family , might lawfully alter the same at her pleasure , there being nothing more ordinar then that Fathers gives Bonds of Provision to their Children , or takes Bonds from their Creditors in their Names , yet these being never Delivered , the Parents may Dispose of them at their pleasure . It was answered for the Executrix , that the alleadgeance of Homologation is not Relevant , because it is Emergent by Ardrosse his Oath , that the ten thousand merks Bond , was not made up by the Annualrent , but by the said two Bonds , so that there could be no Homologation of that , whereof the Executrix was excusably ignorant . To the second , That albeit Fathers granting Bonds of Provision in Name of their Children , may alter the same at any time before Delivery : Yet where they lend out the Sum to a Creditor , and take him obliged to a Child in Fee that cannot be ●ltered , especially where the Parent is naked Liferenter , and hath not reserved a power to lift and Dispone ; but whatsoever be in the case of a Father providing his Children , who can by no presumption be thought to have any Means ; yet after the Fathers Death , a Mother taking a Bond in the Name of a Bairn , it must be presumed to be the Bairn● Money , coming by the Father or otherwise , and the Mother having stated her self naked Liferentrix in the one Bond , and having no interest in the other Bond , she could not recal or alter the same in prejudice of the Children , especially seing they were Infants , and had not Tutors to care for them . It was answered , that the Mother had held count for the whole Means of the Father , and so had cleared any presumption that thir Bo●●s could be of his Means , but she Liferented the whole Estate , and made up thir Bonds out of the Rents and Annualrents , and denyed to be Tutrix , or Pro-tutrix , so that the Money being freely her own , and her Children having died before her , , she might warrantably alter the Bond. The Lords found that the Mother could not alter the Bonds taken in favours of her Children from a Debitor , being of the Tenors above-written , wherein she was naked Liferenter of the one , and had not so much as a Liferent of the other , and that the Sums were rather presumed to be of the Bairns Means then her own , seing they had no Tutor , and any medling with their Means was by her self , and that their Executrix could not now be put to instruct what Means they had , or be countable thereupon . Iohn Armour contra Iames Lands . February 21. 1671. IOhn Armour pursues his Tennents of some Tenements in Edinburgh , for Meals and Duties . Compearance is made for Iames Lands , who produces a Bond granted by umquhil George Armour , bearing that George Armour as Tutor Testamentar to Iohn Armour , had borrowed 500. merks from Iames Lands , and obliges him , his Heirs , Executors and Assigneys , to repay the same , and thereby sets some of the saids Tenements to Iames Lands , ay and while he be satisfied of the 500. merks , and thereupon alleadges he must be preferred to the Mails and Duties till he be payed . It was answered , this Bond and Tack were not sufficient , in respect he does not bind himself as Tutor , nor the Pupil , but his own Executor and Assigneys , and so it must be the Tutors own Debt . 2dly , This Debt cannot burden the Pupil simply upon the Assertion of the Tutor ; but the Creditor ought to have seen the Sum applyed to the Pupils use : and therefore must yet alleadge in rem versam . Otherways , if the naked Assertion of Tutors may burden the Pupils , when they borrow their Name , it is a patent way to destroy all Pupils , Tutors being oftimes insolvent . 3dly , The Tutor could not set a Tack of the Pupils Lands , Longer than he had Interest as Tutor , Ita est , the Tutory is ceassed by the Tutors Death . The Lords found that this Creditor behoved to instruct the Sum applyed to the Pupils behove , which being proven , they Sustained the Tack . Alexander Pit●●irn contra February 22. 1671. ALexander Pitcairn having Right by progress to a Wodset granted by Iames Kininmouth to Mr. Iames Gordoun , and by him Disponed to Sir Archibald Sydserf , and by him to the Pursuer , pursues the Tennents for Mails and Duties , who alleadged that Gordoun or Sydserf were satisfied by intromission with the Rents , for which they were comptable . It was Replyed , that Sir Archibald Sydserf had obtained Declarator of the expyring of the Reversion , and was neither Countable nor Redeemable , and for proving thereof , produced the Decreet of Declarator , in Anno 1637. against which it was objected , that it was null , because albeit the Libel was upon a Clause irritant , whereby it is provided , if the Money were required , and not payed within such a time , the Reversion should expire ; yet at the Compearance and Production , there is no mention thereof , albeit at the Conclusion , the Decreet bears , because the Libel was sufficiently proven by Production of the Writs aforesaid , which can be only understood of the Writs in the Production , and it is not enough only that they were libelled upon ; for in all Decreets , the whole production is specially insert . It was answered , that the Requisition was truly produced , and that the omission of the Clerk to repeat it in the Production cannot annul the Decreet after so long a time without a Reduction thereof . It was answered , that albeit in favorabilibus , the Lords may supply Defects upon Production , ex post facto : yet in odiosis , such as Clauses irritant of Reversions , the Lords ought not to admit the same . The Lords found the Decreet of Declarator null . Sir David Dumbar of Baldoun contra David Dick and others . February 22. 1671. BAldoun pursues ●he Tennents of Bombie for Mails and Duties . Compearance is made for David Dick , who produced an Apprizing of the saids Lands , against the Lord Kirkcudbright , within year and day of the Pursuers Appryzing , and craves to come in pari passu with the Pursuer , conform to the Act 1661. anent Creditor and Debitor . It was answered that by the same Act it is provided , that where Comprizings are acquired by the appearand Heir , or to his behove , that the same should be satisfiable for such Sums as the appearand Heir payed , and offers to satisfie the same . It was answered , that albeit the Act doth so provide , as to the Estate that might belong to the appearand Heir , it can extend no further . But this Appryzing is not only of the Estate of Orchartoun , but of the Estate of Kirkcudbright , wherein Sir Robert Maxwel , appearand Heir of Orchartoun hath no interest , the Appryzing must be valide as to that . It was answered , that Kirkcudbright was but Cautioner for Orchartoun , and that the Act bears , that such Appryzings shall be satisfied by what the appearand Heir payed : and such Appryzings being satisfied , it is simply extinct and can have no effect . Which the Lords found Relevant , and seing David Dicks Appryzing is Assigned to Sir Roberts own Brother , the Lords allowed Witnesses , ex officio ; to be adduced , for proving that it was for Sir Roberts behove . William Gordoun contra Sir Alexander Mcculloch . Eodem die . WIlliam Gordoun pursues Sir Alexander Mcculloch for Spuilzying of certain Corns : Who alleadged Absolvitor , because the Defender having right by Appryzing to the Lands whereon the Corns grew , did warn the Pursuer , and obtained Decreet of Removing against him ; and thereupon dispossessed him , and finding the Cropt upon the Ground , he might lawfully intromet therewith , nam sata cedunt solo , especially where the Sower is in mala fide ; but here he was in Violence after a Warning , and did continue to Sow after Decreet of Removing : yea a part was Sown after he was Dispossessed by Letters of Ejection . The Pursuer answered , that by the Law and Custom of Scotland , the Cropt of Corns , or industrial Fruits are never accounted as pars soli , or any accessory , but are still moveable , even when they are growing , so that they belong not to the Heir , but to the Executor ; and in case of a Disposition , without mention of the Cropt , albeit the Acquirer were Infeft after they were Sown , and upon the Ground , he would not have Right thereto , neither doth mala fides , or violent Possession alter the case , for which the Law hath provided a special Remeid , viz. the violent Profits : but it can be no ground to meddle with the Parties Cropt , brevi manu , as accessory to the Ground , for then the Parties should both lose the Cropt , as pars soli , and be lyable to the violent profits , neither is there any Ground from the Warning , nor yet from the Decreet of Removing , which was Suspended before it attained full effect , and the Defender continued in Possession of a House upon the Ground , albeit he was put out of the principal House . It was answered that the Decreet had attained full effect before the Suspension , all the Pursuers Goods being off the Ground , and he out of the Mansion-house , wherein the Defender entered ; and brought all his Goods upon the Ground : and though the Pursuers Mother being a valitudinary impotent Woman , was suffered to remain in a Coat-house , and the Pursuer with her , upon that account , that imports no continuance of Possession of the Land. The Lords Repelled the Defense as to that part of the Cropt that was Sowen before the Appryzer entered by the Letters of Possession , reserving to him the violent Profits for that time : But found the Defense Relevant , as to what the Pursuer did after the Defenders Dispossession ; and found the Defender only lyable for the Expences of the Labouring and the Seed , as being eatenus Locupletior factus . Lord Iustice Clerk contra Mr. Iohn Fairholm . February 23. 1671. THe Earl of Levin being Debitor to Lambertoun in fourty thousand merks , and having Infeft him in an Annualrent out of his Lands in security thereof , Mr. Iohn Fairholm did upon a Debt due by Lambertoun Appryze the foresaid Heretable Bond and Annualrent , which was holden of the Earl of Levin himself , who was Charged upon the Appryzing ▪ but unwarrantably to Infeft Fairholm in the Lands , whereas the Annual rent only was Appryzed , and the Charge should have been to Infeft Fairholm in the Annualrent : thereafter Fairholm did Arrest the bygone Annualrents in the Earl of Levins hands , and after all , did upon a Decreet against Lambertoun , arrest the bygone Rents in Levins hand , and Lambertouns Liferent of the Annualrent having fallen by his being year and day at the Horn , the Justice Clerk as Donator to the Liferent , and as Arrester competing with Fairholm , did alleadge that Fairholms Appryzing being an incompleat Diligence , and no Infeftment nor valide Charge thereon , and having lyen over so many years , the Arrester must be preferred , for which he adduced a Practique observed by Dury the 14. of February 1623. Salicots contra Brown , where it was so found : and albeit Fairholm be the prior Arrester , yet he hath done no Diligence upon his Arrestment ; whereas the Justice Clerk hath obtained Decreet , and as Donator to the Liferent Escheat , he is preferable for years after the Rebellion , because the Liferent Escheat falling before any Infeftment , or Charge on the Appryzing , which was not used within year and day , the Liferent excludes the Appryzer . The Lords found the Appryzing preferable to the posterior Arrestment , though no legal Diligence was done thereon for the space of nine years thereafter , in respect the Appryzing being a Judicial Assignation , required no Intimation , and being prior , it is preferable : and they did not respect that single Practique , the constant Custom since being contrary : But found the Liferent Escheat preferable to the anterior Appryzing , being without Infeftment or Charge , as to the years after the Rebellion , and preferred the Appryzer as to years preceeding . Arnold of Barncaple contra Gordoun of Holm . Eodem die . THere being four Cautioners in a Bond , and the principal Debitor having Suspended , and found a Cautioner in the Suspension , who having been Distressed and payed the Debt , and having gotten Assignation from the Creditor , Charges one of the Cautioners in the first Bond , Gordoun of Holm , who Suspends on this Reason , that payment being made by the Cautioner in the Suspension , he can only have recourse against him for whom he was Cautioner , but not against his Cautioners in the principal Bond , for us to them it is all one as if the principal Debitor had payed . 2dly , Though the Cautioner in the Suspension could have access against the Cautioners in the principal Bond ; yet all of them being Cautioners for the same Principal , they must bear equal burden , and so he must allow his own fifth part in the same manner , as Cautioners in a Bond of Corroboration , bear equal burden with the Cautioners in the principal Bond. The Lords found that the Cautioner in the Suspension had access against the Cautioners in the principal Bond , he alwayes deducing his own fifth part . Earl of Northesk contra Viscount of Stormond . February 28. 1671. THe Earl of Northesk pursues the Viscount of Stormond on this Ground , that he having sent 100. pound Sterling to London , to the umquhil Viscount of Stormond , to be imployed for Houshold Furniture , the most part thereof was not imployed , and for instructing his Libel , produces several missive Letters of the Viscounts , one Holograph , another having an Holograph Postscript , and a third Written with another hand , which did state the Accompt , and acknowledged the Debt . It was alleadged for the Defender , that the only Letter which had any special Probation in it , was the last , which is not Holograph . It was answered , that the Subject Matter being a Sum sent for Furniture , which uses not to be redacted in Writ , the Viscounts Letter Subscribed by him , though not Holograph , is sufficient to prove , for Bills of Exchange so Subscribed , or Letters among M●●chants are sufficient : and this Letter being amongst Noble Persons in such a small particular , which requires not ordinarly Writ , must be of the same force , especially seing there is also produced two other missives not controverted , which comparatione literarum , are clearly the same with this Letter in question . The Lords found that this Letter , though not Holograph , was a sufficient Instruction , having compared the same with the other not controverted Subscriptions ; The Pursuer making Faith , that this is the same Letter which he received from the Deceast Viscount , his Servant , or Messenger . Steil contra Hay of Rattray . Iune 6. 1671. UMquhil Steil having a Feu of some Aikers of the Barony of Rattray , Chancellour Hay as Superiour , and Baron of the Barony , pursued Reduction and Improbation against Steil and other Vassals , and in Iuly 1624. obtained Certification , the Chancellours Right being Transmitted to Doctor Patrick Hay , he accepts of the Feu-duty and gives a Discharge of the year 1624. and thereafter in Anno 1628. having obtained Decreet of Removing against Steils Relict ; he by a Transaction with her passes from it , and gives her other Lands in lieu thereof , but without any mention of the Improbation . Steils Heir attains Possession of the saids Aikers of Land ; and Hay of Rattray , as now having Right to the Barony , pursues a Removing against Steils Tennent , and obtains Decreet of Removing , without Calling Steil ; whereupon Steil pursues Ejection and Intrusion against Hay of Rattray , wherein in respect that Rattrays interest was by a Sentence , though unwarrantably given , without Calling the Tenuents Master . The Lords restricted the Letters to Re-possession and ordinar profits wherein it was alleadged for Rattry Absolvitor , because the Defenders Author having obtained Certification in the Improbation , at Chancellour Hays Instance , produces the same , which did evacuate the Pursuers Fathers and Predecessours Right . The Pursuer Replyed , First , That the Decreet of Certification produced , was not Relevant , because it was not a Certification in an Improbation , which was not concluded by the Summons , as they are exprest in the Decreet , which bear , That the Writs called for , should be cancelled , and declared null , but bears not that the same should make no Faith , or should be declared as False , Forged or Feinzied . 2dly , Doctor Hay the Defenders Author , by accepting of the Feu-duty for a Term after the Decreet , did pass therefrom , and did acknowledge and Homologate the Pursuers Right , and did acknowledge the Liferenters Right , by Excambion therewith . The Defender answered , that he opponed his Decreet of Certification , the Decernator whereof , is expresly in the Terms of an Improbation : And likewise the beginning of the Libel ▪ being both at the Chancellour and Kings Advocats Instance ; and at the Compearance , the Pursuer insisted for improving the Writs called for , so that the Repetition of the Conclusion of the Libel , hath been only through Inadvertence , not fully set down . And as to the Discharge of the Feu-duty , First , It is Vitiat in the Date . 2dly , It wants Writer and Witnesses , and albeit it were Holograph , it cannot instruct the true Date , and it can never import a passing from the Improbation further , then for the Term Discharged , especially seing it was granted by Doctor Hay , who was singular Successor to the Chancellour , and perhaps knew not of the Improbation . The Pursuer answered , that the Certification being granted in absence , the Obtainer thereof might frame it as he pleased ; but it cannot be supposed to be truly better then as it stands : and though Improbations being in absence , are very much adhered to , yet they are odious Rights and very Reduceable upon any Defect or Informality , seing it is formality that gives them all their strength . And as to the Discharge , the Date of it hath been altered at the Subscription by the Subscribers hand , as appears by comparing the Date and Subscription . 2dly , In the very Body of the Discharge , no ways altered , it bears to Discharge the year 1624. after the Certification , and the Discharge as it stands , is in the ordinar way as Discharges uses to be given to Tennents and Vassals , for small Feu-duties , and therefore must be sufficient in a case so favourable for the Pursuer who has a clear Right , and should not be eleided by this dubious Certification , which must be restricted to a Certification in a Reduction , which is only Reducing the Rights till they be produced , and so falls , they being now produced . The Lords Repelled the Defense upon the Certification , in respect of the Reply , and Discharge produced , and Decerned the Defender to Re-possesse the Pursuer ; but Assoylzied him from the bygone Profits , seing he Possest by a Title , and had just Reason to Defend in a matter so dubious . Sir William Stuart of Kirkhil contra Sir George Mckenzie and Kettlestoun . Iune 8. 1671. SIr William Stuart as Heir by progress to Sir Lewis Stuart , his Goodsire pursues Improbation of a Bond , bearing to be granted to Mr. Iohn Stuart of Kettlestoun , his Son granting an Annuity of 3000. merks yearly during his life , and some other Provisions : Which Bond is Assigned by Keitlestoun to Sir George Mckenzie , and being produced , Kettlestoun has abidden by the same , and has declared upon Oath , that he was not present when it was Subscribed , but that he received it from his Father , as now it is , one of the Witnesses insert being then Kettlestouns Servant depon'd , that the Subscription to this Bond as Witness is his Subscription , but that he did not see Sir Lewis Subscribe , nor any of the other Witnesses ; and remembers nothing of the matter , and that he knows not Iohn Carnagie , Serviture to the Earl of Southesk , another Witness insert . The Pursuer thereupon craved that the Defender would more particularly design the other Witness John Carnagie ▪ Serviture to the Earl of Southesk , because there were several persons Servants , or Attendents upon the Earl at that time of the same name , and condescends upon two of them having several Designations , beside this common one . The Defender alleadged that he was obliged to condescend no further , seing the Act of Parliament required no more than the Name , Sirname and Designation . It was answered , that the intent of Designations being to find out the Person of the Witness , that he might be adduced in the Improbation , a general Designation would not suffice , but behoved to be made special , or otherways if the Pursuer should Cite any Person of that Designation , and that Person should deny the Subscription , his Testimony would improve , or at the best , the Defender behoved then to Design specially another of the same common Designation , otherwise it were a compendious way to all Forgery , as if Witnesses should be insert of such a Name , Indwellers in Edinburgh , or any other Town : In that case , if the Testimonie of none of them should Improve , there were no remeed for the Falshood . The Lords found that all the persons that were the Earl of Southesks Servants or Attendantsat that time , and were called Iohn Carnagie that were alive should be Cited , and the Hand-writs of any that wereso Designed , that were dead , should be produced by either Party to be compared with this Subscription , that thereby it might appear if the Subscription could be astructed by the Testimony or hand writ of any other . Sir , Francis Scot of Thirlstoun contra Lord Drumlanrig . Iune 10. 1671. SIr Francis Scot having obtained Decreet of Adjudication of the Lands of Brankinside and others , and having Charged the Lord Drumlanrig to receive and Infeft him . He Suspends on this Reason , that he was willing to satisfie the Sums contained in the Adjudication , upon Assignation made to him thereto , and so was not obliged to receive the Charger . It was answered , that albeit King Iames the third , his Act of Parliament anent Appryzings , doth provide , that for a years Rent , Superiours shall receive Appryzers , or otherways shall take the Land to themselves and pay the Sums ; yet that gives not the Superiour an option , but bears failzying of paying a years Rent , the Superiour may satisfie the Sums , and take the Land in his own hands , but where that was offered , it was never by Custom or Practique allowed , that the Superiour should exclude an Appryzer , but whatever were in the case of Appryzings , that power was never granted to Superiours in Adjudications , whereupon they were still obliged to receive Adjudgers without a years Rent , until the late Act of Parliament , and the said old Statute giving an option to the Superiour , is not to be extended to Adjudications ; nor was it ever by any subsequent Law , or Consuetude extended thereto . It was answered that by the ancient Feudal Law , a Superiour could not have been compelled to receive a stranger Vassal , albeit a Creditor , yet the Statute of King Iames the 3d. did remeid this in favours of Creditors , and obliged Superiours either to receive Appryzers for payment of a years Rent , or else to pay the Sum Apprysed for ; but long after that time , there was no mention of Adjudications , which were a Supplement of the Lords , that where the appearand Heir being Charged , did renunce , the Creditor should not be frustrate , but might obtain Adjudication of the Lands , contra haereditatem jacentem , which except as to that point of Form , is the same with an Appryzing , under another Title : and albeit as to the years Entry , the Lords would not extend the same to an Adjudication : It was upon this special Reason , that in the Act of Parliament 1621. anent Appryzings , the same is declared Redeemable upon the Sums Appryzed for , and a years Rent for the Entry ; yet in the very next Act in the same Parliament anent Adjudications , the years Entry is left out , which was thought by the Lords to be done by the Parliament of purpose , and so not to be extended by the Lords : But otherways the same Reason was for the Entry in Adjudications as in Appryzings , which the Parliament has now found by their late Act ; and therefore the matter of the Entry is not to be drawn in consequence to the Superiours option . The Lords found that the Superiour had his option , and might refuse to receive the Adjudger , offering to satisfie the Sums in his Adjudication , upon Assignation made to him thereof , and declared that the same should be Redeemable from the Superiour upon the like Sums without any thing for a years Entry ; and that in all things else , the Superiour and Vassal should be in the same case as if the Adjudger had been Entred to that Effect . Town of Breichen contra Town of Dundee . Iune 14. 1671. LAurence Dundass having been Debitor to the Earl of Seaforth in 200. pound Sterling , was incarcerat in the Tolbooth of Breichen , and being suffered to go out of Prison , Mr. Rory Mckenzie as Assigney to the Earl , obtained Decreet against the Town for payment of the Sum , and took Assignation to the Caption , and therewith Incarcerat Laurence in the Tolbooth of Dundee , and now pursues the Town of Dundee for suffering Laurence to go out of Prison . and condescends that they suffered him to go ordinarly to the Kirk on the Sabbath , and that once they suffered him to go to the River by Boat , and over to Fife another Shire ; and ordinarly to go to the Street , and to Taverns without necessar Affairs . The Defenders answered , that the Prisoner returned still to the Prison every night , and went always abroad with a Guard , and his going to the Water was because of his Indisposition , and for his Health , that if he touched upon the other side in Fife , he did return that same night to Prison : and that his going to the Kirk with a Keeper , can be no Relevant Ground ; and even the going out upon other occasions with a Keeper , though not absolutely necessar , cannot make the Magistrates lyable , it being the constant Custom of all Burghs so to do , and that a Prisoner being under a Guard , is in Prison , albeit not in the Tolbooth . The Pursuers answered , that Magistrates of Burghs were but publick Servants in Keeping of Prisoners , and were obliged to give punctual Obedience to the Letters of Caption , bearing to keep the Rebel in sure Firmance within their Tolbooth , which is founded on very good Reason , that the Prisoner may be necessitate , squalore carceris , to do all Deeds in his power to satisfie his Debt , which would be eluded , if the Magistrates at their pleasure might let them go out with a Guard , and would but turn to a Confynement , or intertainment and gratification to an Officer for a Guard : and even though there were necessar Causes of the Prisoners coming out , the Magistrate is not Judge thereof , nor has any power of it , but the Party ought to apply themselves to the Council or Session , and obtain their Warrand , which will not be granted even by them , but upon instruction of a necessar Cause , upon Oath of Physicians or others . The Defenders answered , that Incarceration was a civil effect of Law , and no punishment , and that it were against all humanity , to put Prisoners for civil Debt in that condition , that the Magistrates could not let them out for a little , even for the safety of their Life , in extremity of sickness , which oftimes would not admit of delay , till application were made to the Council or Session . 2dly , Whatsoever may be found just by the Lords in time coming , yet the constant and universal Custom of this and all other Burghs , to let Prisoners go out with a Guard when they saw convenient cause , did introduce a priviledge to Burghs , or put the Defenders in bona fide , to Act as all their Predecessors had been accustomed to do , without any question or Decision in the contrair , and alleadged a late Practique in the case of the Town of Culross , who suffering a Prisoner that was a poor man , to go out to an Hospital , where he got Bread , and thence he immediatly returned to Prison , and to go and see his nearest Relation that was a dying in the Town , or to their Burial , was not found lyable for the Debt . The Lords considering the ordinary Custom of Burghs , found that as to the time past they would not find them lyable for suffering Prisoners to go out with a Guard for any necessar cause , and found the Defense Relevant , that this Prisoner was let go out with a Guard for his health , or to the Kirk on the Sabbath , but found that Member of the Condescendence Relevant , that he went out to the Street and Taverns without a necessar Cause , though with a Guard , Relevant to infer the Debt : But found that in time coming they would have no regard to that unwarrantable Custome ; but that Magistrates of Burghs should only have power to let Prisoners come out of the Tolbooth under a Guard in the extream hazard of their Life by sickness , and not without Testificats by Physicians or skilled persons upon Oath , bearing the Parties condition to require the same , and that without great hazard , they could not suffer delay to make Supplication to the Council or Session . The Lady Wolmet and Dankeith her Spouse contra Major Bigger . Eodem die . JEan Dowglas Lady Wolmet being by her Contract of Marriage Infeft in the half of the Lands of Wolmet , did with her Husband consent to a Wodset of the whole Lands for 28000. merks , wherein there is a Back-tack setting the Lands and Coal to her Husband and her , the longest liver of them two for payment of the Annualrent of the Money : which Wodset the said Iean in her Viduity as Tutrix , renewed to the first Wodsetters Assigney , and became personally obliged , both for the principal sum , and Back-tack-duty , and took the Back-tack , half to her self and half to her Son the Heir ; but after the first Wodset , her Husband set a Tack of the whole Coal to his seven Children , for twelve years , they paying twelve hundreth merks yearly to the Wodsetter , and two merks yearly to his Heir : which Tack expired in Anno 1663. after which the said Iean Dowglas and David Cunninghame of Dankeith her Husband , pursues Major Bigger as intrometter with the Coal for the half of the profite thereof , conform to the Back-tack , who alleadged Absolvitor , because the Back-tack , in so far as it exceeded the Ladies Joynture , was a Donation between Man and Wife , and was Revocked by the Childrens Tack , and being once Revocked , remained for ever Revocked , because the ground of Law prohibiting Donations between Man and Wife , and annulling the same , nisi morte confirmentur is introduced ne mutuo amore se spolient ; and therefore nothing can make them effectual but the Husbands continuing in the same mind to his Death , but any signification of alteration of his mind , directly or indirectly , though it were in his Testament or Codicil , or by any Deed whereby he owns the thing Disponed , as still at his Disposal , is sufficient to annul the Wifes Right , as if he should grant a Wodset of the same Lands , though without mention of his Wifes prior Liferent , given gratis stante matrimonio , It would Revock the same : so that though the Husband Redeemed the Wodset , the Wifes Right would not Revive . So here the Bairns Tack being of the whole Coal for twelve years , doth wholly Revock the Back-tack , as to the Wife , not only during these years , but for ever . 2dly , There is a minute of Contract betwixt the Husband , his Wife and Raith of Edmonstoun , clearly showing the change of his mind , and restricting the Lady to her first Liferent . It was answered , that albeit in jure donationis , or where there was a clear and liquid excess of the Right received , exceeding the Right quite , any Deed evidencing the Change of the Husbands Will , might be sufficient to Recal it ▪ Yet that holds not here , where the Lady quite a certainty for a Casuality , viz. The profite of a Coal , which might many wayes have been ruined and unprofitable , in which case she would have nothing for her Joynture , and so it was permutatio spei , aut jactus retis , and at the time of the Wodset , was not of more value in buying and selling then the Joynture of the Lands , being certain . 2dly , This not being a pure Donation , the Husband could not Recal it till he had Restored his Wife to her first Liferent , and releaved her of all Burden and Distress she had sustained by the Wodset : neither had he shown his mind to Change , but only in part . And as to the Contract with Raith , it was in Contemplation of a Marriage , and was all founded on advancing Sums to Redeem the Wodset , whereby the Back-tack ceased . 3dly , The Defender connot exclude the Pursuer , unless he pay her all bygone years of her Joynture she wants from 1654 , to 1667. by Arrestments and Processes upon the Back-tack , and free her of the principal Sum and Annualrent , and satisfie her of the damnage she has Sustained by lying out of her Liferent , for all these years , and sustaining a long pursuit , wherein she is willing to acquiesce . The Lords in respect of this offer , and that the Defender did also offer to free and relieve her , rested therein , and did not proceed to advise the former Points , in jure . Bowers contra Lady Cowper . Iune 16. 1671. BOwers pursues the Lady Cowper as vitious in●●●●●er with the Lord Cowpers Goods and Gear , for payment of a Debt of his , who alleadged Absolvitor , because she had a Disposition from her Husband of his Moveables . It was Replyed that the Disposition being between most conjunct persons , without a Cause onerous , was null by Exception by the Act of Parliament 1621. against fradulent Dispositions . It was answered , that the Disposition behoved at least to purge the vitious Intromission , and did stand ay and while it was Redeemed : For notwithstanding of the Tenor of the said Act , the Lords do not Sustain that Nullity by way of Exception or Reply . The Lords found the Nullity competent by way of Exception , it being no Heretable Right , requiring the production of Authors Rights , but in respect of this colourable Title , restricted the vitious Intromission to the single value . Lord Lovet contra Lord Mcdonald . Eodem die . THe Lord Lovet pursues the Lord Mcdonald to count for the Superplus of a Wodset , from the Date of his Instrument of Requisition , in Anno 1663. whereupon he had raised Summons in Anno 1667. It was alleadged that the Instrument was at the Defenders Dwelling-house , when he was out of the Countrey , and bear no production of the Procutry , and only an offer of a Bond , with a Clause of Infeftment in all Lovets Land : and did not bear an offer of Caution . It was answered , that the Act did not require Requisition by Instrument , but quaevis insinuatio sufficit , and the Instrument bear Delivery of a Copy to the Defenders Lady in his House , there being no Procutry , for the Pursuer offered now to produce the same , and a surety by Infeftment was sufficient , the Act of Parliament mentioning no Caution . The Lords found that the Requisition behoved to be by Letters of Supplement , at the Cross of Edinburgh , and Pear of Leith , seing the Defender was out of the Countrey , but Sustained the same , as to the Procutry , it being now produced , and sustained the offer of Surety , and Ordained it to be produced , Reserving the Objections and Answers of either Party thereanent . Iohn Boyd contra Hugh Sinclar : Iune 17. 1671. JOhn Boyd having a Right to some Teinds in Orknay , pursues Hugh Sinclar as Intrometter therewith , who alleadged Absolvitor , because he had Right to a Tack , set to umquhil Sinclar during his Life , and to his first Heir after him , during his Life , and nineteen years thereafter , which is not yet expyred ; for though the Defuncts eldect Son survived him , yet he was never entered Heir to him , neither did he possess thir Teinds , and Died shortly after his Father , but it is not nineteen years since the second Son Died , whos 's Retour is produced , as Heir to his Father . The Lords found that the eldest Son Surviving his Father , although he never Possest , was the first Heir as to the Tack , and that he needed not be served Heir . Alexander Alexander contra The Lord Saltoun . Iune 20. 1671. THe Earl of Hadingtoun having obtained a Gift of Bastardy , and ultimus hares , of umquhil William Gray , Provost of Aberdere , did assign the same to Alexander Alexander , with a Process thereupon , against the Lord Saltoun , for payment of 5000. merks due by him by Bond , to the said umquhil William Gray . The Defender alleadged that this Bond being granted for the price of Land bought by him from the Bastard , and of the same Date with the Contract of Alienation thereof ; there was a Back-bond also of the same Date , by which the said William Gray was not only obliged in Warrandice , but also to procure himself Infeft , holden of the Earl of Mar , to purge an Inhibition at the instance of Ramsay , and to procure a Right of an Appryzing , at the Instance of the Lord Newbeath . The Pursuer answered , that the King or his Donator was not obliged to fulfill these Obligements of the Bastard , which were not liquide nor special . It was answered , that the Gift of Bastardy , or ultimus haeres , not falling to the King by Forefaulture , or any Delinquence , but by Deficience of the Bastards Heir , the Donator was in no better case , as to the fulfilling of these Obligements , then the Bastard or his Heir would be , if they were pursuing upon the Bond , who could not seek payment till the Obligements in the Alienation , or Back-bond , which were the Causes of this Bond were fulfilled . Which the Lords found Relevant , as to the special Obligements of obtaining Infeftment , and purging the Inhibition and Appryzing , but not as to the general obligement of Warrandice , wherein no Distresse was alleadged . Thomas Crawford contra Iames Halliburtoun . Eodem die . THomas Crawford having Charged Iames Halliburtoun upon a Decreet Arbitral for payment of a sum . He Suspends , and alleadged that he was Interdicted at that time , and that the Interdicters did not consent to the Submission , or Decreet Arbitral . The Pursuer answered , First , That the Alleadgeance was not competent by Exception , but by Reduction . 2dly , That Interdictions had only the same Effect as Inhibitions , and did operate nothing as to Moveables , or personal Execution , even by way of Reduction . Both which Defenses the Lords found Relevant . John Neilson contra Menzies of Enoch . Iune 21. 1671. JOhn Neilson as Assigney Constitute by Iohn Creightoun , pursues Menzies of Enoch for the Rents of certain Lands in Enoch upon this Ground , that there was a Tack set by James Menzies of Enoch of the saids Lands , to the said Iohn Creightoun for nineteen years , for payment of fourscore pounds Scots yearly of Tack-duty , thereafter by a Decreet Arbitral , betwixt Enoch and his eldest Son Robert , he is Decerned to Denude himself of the saids Lands , in favours of Robert , reserving his own Liferent : After which Decreet , Robert grants a second Tack to Creightoun , relating and Confirming the first nineteen years Tack , and setting the Land of new again for five merk of Tack Duty , in stead of the fourscorepounds : After which Tack Robert Dispones the Land irredeemably to Birthwood , but at that time Robert was not Infeft , but upon the very same day that the Disposition was granted to Birthwood , Robert Menzies is Infeft , and Birthwood is also Infeft : Birthwoods Right by progress comes in the Person of Iames Menzies , the Defender Roberts Brother . The Pursuer insisted for the Duties of the Land , over and above the fourscore pounds , during the Life of old Iames Menzies , and over and above the Tack-duty of five merks after his Death : For which the Defender alleadged Absolvitor , because he produces a Decreet at his instance against Creightoun the Tacks-man , Decerning him to Remove , because he was then resting several Terms Rent , and failed to pay the same , and to find Caution to pay the same in time coming . The Pursuer answered , that the said Decreet was in absence , and was null , because the Defender Libelled upon his own Infeftment , and upon a Tack set to Creightoun the Tacks-man by himself , and there was no such Tack produced by him , or could be produced , because the Tack , albeit it bear to be set by Iames Menzies , yet it was only set by James Menzies his Father , and not by himself . The Lords found the Decreet null by Exception . Whereupon the Defender alleadged that the Decreet at least , was a colourable Title , and he possessed by it bona fide till it was found null , & bonae fidei possessor facit fructus consumptos suos . It was answered , that a Title that needs Reduction , may be the Ground for Possession bona fide : but this is absoltely null by Exception . 2dly , The obtainer of the Decreet was in pessima fide , because imediatly after the obtaining it , it was Suspended , and the Tacks-man was able to instruct that there was no Duties resting at that time , and though Protestations were obtained , yet the Suspension was never Discust against the Tacks-man . The Lords Repelled this Defense also . The Defender further alleadged , that albeit he would make no opposition against the first Tack , yet the second Tack could have no effect against him , because , before it was cled with Possession , Robert Menzies setter thereof , was denuded in favours of Birthwood , from whom the Defender has Right , and it is unquestionable , that a Tack not attaining Possession , is no real Right , and that a singular Successor , Infeft before Possession on it , will exclude it . 2dly , As the Tack was not cled with Possession , so Robert who set it had no real Right in his Person when he set it , but only the Decreet Arbitral . The Pursuer answered to the first , that he opponed his new Tack , which contained not only a Ratification of the old Tack , but a new Tack de presenti , for five merk , and so was like a Charter by a Superiour with a novo damus , whereby the Tacks-man might ascribe his Possession to any of the Tacks he pleased ; and if this Tack had born expresly , a Reservation of the Fathers Liferent for eighty pounds yearly , it would have been unquestionably a valide Tack from the Date , and Payment to the Father by the Reservation , would be by vertue of the new Tack , as well as of the old : So likewise the Tacks-man might Renunce the old Tack , and retain the new ; or if the new Tack had been taken without mention of the Old , the same would have been cled with Possession , albeit it could not effectually exclude the payment of fourscore pounds to the Father , during his life , as having a better Right by the Reservation . As to the second Alleadgeance , albeit Robert who set the Tack , was not Infeft when he set it ; yet Robert being thereafter Infeft , his Right accresced to the Tacks-man in the same manner , as if he had been Infeft before , fictione juris . It was answered to the first , that the new Tack did not bear a Reservation of the old , but the Tacks-man having two Tacks in his Person at once , although he might quite either of them , or declare to which of them he ascribed his Possession , before the interest of any other Party : yet not having so done , he must be holden to Possess by the first , because he continued to pay the Tack-duty of the first , and never payed the Tack-duty of the second till the Setter was Denuded . To this it was answered , that the payment to the Liferenter , who had a better Right , did not import the Possessing by the first Tack , and the Tacks-man needed not declare his option till he was put to it , but Law presumes that he Possessed by that Right , which was most convenient for him . As to this Point the Lords found that the Tacks-man might ascribe his Possession to either of the Tacks he pleased , both of them being set for a distinct Tack-duty , and that agibatur by the second Tack , that the Fathers Liferent should be Reserved . As to the other Point , The Defender alleadged that the Infeftment of Robert who set the Tack , could not accresce to the Tacks-man ; because the same day Robert was Infeft , he was Denuded in favours of Birthwood , and he Infeft ; so that it must be presumed , that he was only Infeft to that effect , that Birthwoods Right might be valide . 2dly , It was offered to be proven , that Birthwood procured Roberts Infeftment by his own Means , and so it cannot accresce to any other in his prejudice . It was answered , that whoever procured the Infeftment of the Common Author , the fiction of Law did draw it back to all the Deeds done by that Author , that might arise from that Infeftment , which cannot be divided or altered , by the Acting or Declaration of either , or both Parties . Which the Lords found Relevant , and found the Infeftment did accresce to the Tacks-man in the first place , whose Tack was prior with absolute Warrandice . Lord Balmerino contra Hamiltoun of Little Prestoun . June 22. 1671. Wishart in Leith did grant Infeftment of an Annualrent of fourty pounds yearly , out of two Tenements in Leith , in any part of them : Which Annualrent by progress belonged to Mr. Iohn Adamson , and after the Constitution of the Annualrent , the two Tenements were Transmitted to different Proprietars , and now the one belongs to the Lord Balmerino , and the other to Hamiltoun of Little Prestoun , the Annualrenter did only insist against Balmerino's Tenement , and upon an old Decreet of Poinding of the Ground of that Tenement , hath continued in Possession , and Distressed Balmerino : Who having Suspended on this Ground , that the Annualrent being out of two Tenements , whereof he had but the one , he could be only lyable but for the one half . The Lords found that the Annualrenter might Distress any of the Tenements for the whole , but reserved to Balmerino his Relief as accords . Whereupon Balmerino now pursues Little Prestoun to Repay him the half of the Annualrent , for which he was Distressed , because he having payed , did liberate Little Prestoun of the Annualrent , which affected both Tenements , they being now in different Heretors hands , behoved to infer a proportional Relief , as is ordinar in all Annualrents , Constitute upon any Barony or Tenement , which thereafter comes to be divided . The Defender alleadged Absolvitor , because he had bruiked his Tenement much more then fourty years before this Pursuit , free of any such Annualrent ; and therefore had prescribed the freedom thereof . The Pursuer answered , that Prescription was hindered by the Annualrenters Possession , in getting his Annualrent , which though it had been but by a Personal Obligement , it would have preserved his Right intire to all effects in the same manner , as payment by a principal Debitor hinders the Cautioners Bond to Prescribe , though he were free thereof for fourty years . It was answered , that albeit there might be ground for the Reply , where the Annualrent is Constitute out of one Barony or Tenement , whereon Infeftment may reach the whole , yet it cannot hold in this case , where the Annualrent is Constitute upon two distinct Tenements ; and where there behoved Seasing to be taken upon both of them , and if omitted upon one , that would be free . The Lords found that payment of the Annualrent out of any of the Tenements , saved Prescription as to both . Leslies contra Alexander Iaffray . Eodem die . LEslies pursues Alexander Iaffray and others , for producing of Writs , and counting anent a Wodset Right , as being satisfied by intromission , and that as appearand Heirs , ad deliber●● dum . Wherein the Lords refused to Sustain the Summons for Compt and Reckoning , but only for Exhibition , albeit there was a Practique produced , observed by Dury upon the 1● . of March 1637. betwixt Hume and Hume of Blackadder , wherein Compt and Reckoning was Sustained at an appearand Heirs instance , the Custom having been ever since contrair upon this Ground , that no Party should be troubled to Compt at the Instance of those , who when the Compt was closed , cannot exoner them , and yet may put them to make Litiscontestation and Probation in the Cause . Duke of Buccleugh contra Parochioners of Eodem die . THe Minister of Hasendein having obtained the Designation of a Gleib out of the Duke Land , who alleadged that the Minister having a Gleib before , extending at least to two Aikers , the Earl upon this Designation had gotten Possession thereof , and could only seek Relief for the Superplus . It was answered , that these two Aikers had never been designed as a Gleib ; but the Pursuers Predecessors were infeft therein , and in Possession thereof before the Ministers , and any Possession they had , was but by their sufference and con●●vance . It was answered ; that decennalis & triennalis possessor non tenesur docere de t●●u●o and the Minister was not only in Possession thirteen years ; but thirty years . It was answered , that albeit Possession may be a Title , yet it may be elided by the Pursuers Right , which cannot be taken away but by Prescription ; whereupon the question arose , how the Tollerance or Sufference of the Ministers Possession was probable , whether by Witnesses or not , seing Tollerances are not ordinarly so proven . The Lords found that if the Ministers Possession were alleadged to have been 40. year , as belonging to the Kirk , that the Dukes Tollerance could only be proven by Writ , to elide the same , but if for fewer years , they found the Tollerance or Sufference probable by Witnesses . Mr. Arthur Gordoun contra Laird of Drum. Eodem die . MR. Arthur Gordoun as Assigney to a Decreet recovered against the Laird of Drum , Charges him thereupon . He Suspends on this Reason , that the Debt being originally due to a Defunct , his two Executors nominate , recovered the Decreet , and the one only assigned the whole to Mr. Arthur , whereby he can only have Right to the half . It was answered , that the other Executor being Dead before the Assignation , the Office accresced to the Surviver , who might uplift all that was in bonis defuncti , not uplifted . It was answered , that this Debt was no more in bonis defuncti , but being established in the Executors Person by Sentence , testamentum suit oxecatum , and the Deceased Executor's half behoved to belong to their Executors , and not to accresce . Which the Lords Sustained . Lady Ballagan contra Lord Drumlanrig . Iune 23. 1671. THe Lady Ballagan being by her Contract of Marriage provided to certain Lands , and amongst others , to the Lands of Birks , the Contract bears , that she accepts of the saids Lands in full satisfaction of all further Conjunct-Fee , Liferent , or Terce : she was Infeft in the Lands of Birks by her Husband , but was not Confirmed by the Lord Drumlanrig Superiour , of whom the Lands held Ward . The Lady pursues the Tennents of Birks for Mails and Duties . Compearance is made for the Lord Drumlanrig Superiour , who craved preference , because the Lands are now by Ward in his hands by the Death of the Husband , and minority of the Heir . And as for the Ladies Infeftment , it can have no effect against the Ward , because it is not Confirmed . It was answered , that the Lands being Ward , and lesse then the third part of the Ward Lands , holden of the Lord Drumlanrig , the Lady has Right by Law thereto , as her Terce . It was answered , That by her Contract of Marriage , she had accepted the Lands provided therein , in satisfaction of her Tero● , which is the ordinar conception of a Renunciation , as when a Sum is accepted in satisfaction of any prior Debt , it imports a Renunciation and Discharge of the prior Debt , and an Inhibition prior to the last Bond , will Reduce any Right thereupon : Neither can it be maintained , as having an anterior Cause by the former Bonds ; yea , any Appryzing upon them would be void , because they are Renunced . It was answered for the Lady , First , That there was here no formal Renunciation , or Discharge of the Terce , and the acceptance of Lands for it , doth very well allow , that the Land accepted , may be bruiked as Terce , at least a Terce of that Land must be due , though no Terce of other Lands can be claimed : and albeit the Clause in satisfaction , in personal Rights , is commonly understood to Renunce and extinguish the prior Rights , unless they be Reserved : Yet it is not so in real Rights , for if any person have many Rights to Lands , and doth thereafter accept a Disposition of a part of the Lands in satisfaction of all his interest , that does not Renunce his former Rights to that Land , but he may defend himself with them all . So here accepting of Lands in satisfaction of a Terce , does not Renunce the Terce , as to the Lands accepted . 2dly , Albeit this Clause could import the Renuncing of all Terce , that can never be extended to the benefite of the Superiour , nor can it be understood the Contracters mind , to exclude the Wife from the Terce , to make it accresce to the Superiour , in both their prejudices , because the Husband by the Warrandice , must make out the Joynture . 3dly , Albeit the Renunciation could be profitable to the Superiour , yet it being by this Clause in the Contract , the Superiour cannot question the Ladies Infeftment , which is the cause of the Renunciation , but must adhere to the whole Clause , nam qui approbat non reprobat . It was answered , that the common Sense of this Clause of acceptance does still import a full Renunciation , neither can the intention , or meaning of the Parties import any thing , unlesse they had acted accordingly ; for it had been easie for them to have said , but prejudice of the Terce , as to thir Lands ; so that the Terce being Renunced , the Renunciation is profitable to all Parties having Interest , because the Right thereby Renunced is simply extinct : Neither needs the Superiour approve the Infeftment Un-confirmed , by making use of the Renunciation , for as there could be no pretence for that upon the naked Clause , without any Infeftment , so the meaning can only be , that if the Clause had been perfected by a valide Infeftment , he could not have quarrelled it . The Lords preferred the Superiour , and found the acceptance a full Renunciation of the Terce , both as to the Lands accepted , and others . Helen Hume contra Lord Iustice Clerk. Iune 28. 1671. UMquhile Hume of Rentoun having made several Provisions to his Children , and amongst the rest to Helen Hume , and having recommended the same to his Son , now Justice Clerk ; he gave a Bond to the said Helen of two thousand Merks , payable upon Requisition of fourty days ; the said Helen pursued Registration of the Bond , wherein it being alleadged that any Requisition made was past from , by acceptance of Annualrent for Terms after . The Lords Assoilzied from that Charge , until Requisition were made , and new Requisition being made since , before the Extracting the Absolvitor , The Lords Sustained the same . It was further alleadged Absolvitor , because the Bonds granted by the Father was done on Death-bed , and the Bond granted by the Defender his Son was in his Minority , and he had Reduction depending upon the saids two Reasons . The Pursuer replyed , that the Defender had Homologat the Bond in question by a posterior Contract , whereby he had appointed a yearly payment to his Mother , in satisfaction of this and the other Portions . The Defender duplyed , that that Contract was no Homologation , being Subscribed by him when he was Minor , having Curators , without their Consent , and so is null by exception . The Pursuer triplyed , that the Defender had Homologat the said Contract and Bond in question by these Deeds . First , That after Majority he had payed Annualrent . 2dly , That he had pursued Exhibition and Registration of the said Contract , and thereupon had obtained the same Registrat , and the Decreet Decerns Letters to be Direct at his Instance thereupon . It was answered , that the payment of the Annualrent , albeit voluntar , though it may exclude repetition of it self , it cannot infer Homologation of the whole Bond , especially the payment being made by a Brother to an Indigent Sister . 3dly , Payment of Annualrent cannot Homologat a Contract , which is null by exception . 4thly , Any payment that was made , was after the Decreet of Registration , and so necessar ; and as to the Exhibition , the pursuing for a Delivery of a Writ doth not import the approbation of the contents of it , but only a calling for it , because the Writ belongs to the Subscriber thereof , though he may quarrel the obligement therein contained , and albeit the Writ was ordained to be Registrat , yet there was neither Charge nor Execution used thereupon . The Lords found the payment of the Annualrent in manner foresaid not to import Homologation , but they found that a Writ Subscribed by a Minor without Consent of his Curators , as it might be Ratified , so it might be Homologat , and that it was de facto Homologat by this Decreet of Registration , containing neither Reservation nor Protestation for quarrelling the Writ Registrat . It was further alleadged , that the new Requisition was null , bearing to proceed on a Procutry , and not bearing the Procutry produced . It was answered , the Procutry was not called for , and that the having of the Writs , which the Requisition mentioned , did import a Power to Require . 2dly , This is a Dilator after a Peremptor . The Lords found the alleadgeance upon the nullity of the Requisition Receivable after the Peremptor , and Sustained the Requisition , the Pursuer producing the Procutry , which was the Warrand thereof before Extract . Forbes of Watertoun contra Shein . Eodem die . FOrbes of Watertoun pursues Reduction of an Apprizing ex capite inhibitionis . The Defender alleadged Absolvitor , because the Bond which was the ground of the Inhibition is satisfied , in so far as there followed thereupon an Apprizing , which came in the Person of the Debitors appearand Heir , and so is Redeemable from him , for the Sums he truly payed , by the Act 1661 ▪ betwixt Debitor and Creditor ; and it is offered to be proven , that the Sums he payed are satisfied by Intromission with the Rents of the Apprized Lands , or what is wanting the Defender will instantly satisfie or purge . It was answered , that albeit the Act of Parliament had declared that Apprizings might be satisfied by payment of the true Sums payed for them by the appearand Heir , that cannot extend to this Bond , or Inhibition , or Reduction thereupon , for the Pursuer may passe from his Apprizing , and yet make use of the Bond , and this alleadgeance will only be Relevant when he insists upon his Apprizing . The Lords found the Defense Relevant , that the satisfaction of the Apprizing on the Bond did to all effects satisfie , and extinguish the Bond it self . The Creditors of Balmerino contra The Lady Couper . Eodem die . THe Deceast Lord C●●per having made an Heretable and irredeemable Right of his whole Estate and Dignity to his Lady and her Heirs : The Lord Balmerino his nearest Heir in the Estate , making use of the Names of certain of his Creditors , that he might not be necessitate to enter Heir , before the event of this Plea , pursues a Reduction of the said Disposition , as being on Death-bed . The Defender alleadged , First , That the Reason of Reduction , as it is Libelled , is not Relevant , that the Defunct contracted a deadly Disease before the making of the Disposition , and that he Died of the said Disease , which is not Relevant , unless the particular Disease were condescended upon , otherwise it will remain conjectural and unsure , and Witnesses cannot distinctly Depone whether he was sick or not , specially he being an oldMan , so that they could not distinguish betwixt sicknesse and weaknesse through old age . 2dly , The Reason is not Relevant , unless the Disease were alleadged to be morbus sonticus , that might affect the Mind , and infer a weaknesse , which is different from Fatuity or Insensibility . 3dly , The Defender alleadged Absolvitor , because he offered him to prove that the Defunct was in Health the time of the Disposition , at least in as good Health as he had been for several years or moneths before , when he did go ordinarly abroad to Kirk and Mercat , about all his Affairs , at least if he had any indisposition , it was not impedimentum rebus agendis , because it is offered to be proven that he constantly put on his Cloaths , and walked up and down his House , convoyed Strangers to their Chambers freely without being helped or supported , and in the same manner went down with others to their Horse to the Green , made several Accompts and Bargains , and frequently Played at Cards , all which must necessarly infer his Health , unless a circumstantial Disease were condescended upon and proven ▪ 2dly , The Defender offered to prove that after the Disposition , the Defunct went to Kirk and Mercat , at least to one or other of them , which the Law hath allowed as unquestionable evidences of Recovery of Health , and which therefore is Relevant , though Sicknesse was specially proven to have been Contracted before , and condescends that the Disposition being Dated the eight of December 1668. upon the Thursday immediatly after , the Defunct went to the Mercat of Couper , it being the Mercat day , and upon the Sabbath thereafter heard Sermon in the Kirk of Couper . The Pursuer answered , that this Reason of Reduction is most Relevant , and in the same Terms , that the Reason of Death-bed has alwayes been Libelled ; neither was it ever found necessar to condescend upon morbus sonticus , but as Craig expresses it sufficit si morbus precedat & mors sequatur , before the Defunct go abroad , yet probatis extremis presumuntur media , it is still presumed that so long as the Defunct after the Disease remained within Doors , that the Disease continued , and that presumptione juris & de jure , neither doth it admit a contrare probation , by alleadging that the Party convalesced medio tempore , otherwise then by his going out to publick Meetings at Kirk and Mercat , nor is there any necessity to condescend on the kinds of Diseases , which even Physitians themselves , and the most skilful can hardly determine . And as to the first Defense , offering to prove that the Defunct was in Health , it is contrare to the Libel , and no ways competent , for in the case of contrare alleadgeances , the Pursuer offering to prove Sickness , and the Defender offering to prove Health at the same time , the Pursuer as being in the Libel must be preferred , especially considering that where such Deeds are procured through importunity from Sick and Weak Persons , who would do any thing to get leave to Die in peace , the Contrivers by the same facility may debar the accesse of any , but such as they have confidence in , and who have cuncurred with them in the Contrivance , so that the Disponers Sicknesse is difficillimae probationis , yet quaelibet probatio sufficit , as in this case within a day or two of the Disposition , my Lord was put to violent nature to attempt to go to the Mercat , and three days after to the Kirk , in both which attempts he failed , which doth sufficiently presume that he was Sick before , and was not able to cover his Sicknesse for a little time to attain the Evidences that Law requires to infer Health , but if a contrare probation should be Sustained , or preferred as more pregnant , and which would be by familiar Persons in the House , and concurrers in the Contrivance , this ancient and excellent Law would easily be elided , and as to the evidences of Health they are no way Relevant , neither are any private acts , but the Law hath justly determined that the Disponer must appear publickly in the solemnest Meetings , that thereby it may be known that he is able to abide the Air , and that matters of this importance be not probable by two picked out prepared Witnesses , but that the samine be cleared by the whole Witnesses of a Kirk or Mercat , which cannot all be Brybed , and no few Witnesses dare adventure to Depone against that common knowledge , so that no private or domestick acts in or about the House can be equivalent to coming to Kirk and Mercat . And as to the second Defense , that the Defunct came out to Kirk and Mercat , it ought to be Repelled , because the pursuer offers to prove that he was supported . The Pursuer answered , that the Reply was not Relevant , unlesse it were condescended quomodo supported , and that it was by upholding the Defunct under the Oxter , or by the Elbow , but it is not Relevant to alleadge that the Defunct took any of the Company by the hand , or that they took him by the hand , especially if it was in rugged or uneven places , in respect of the Defuncts age , and that it is offered to be proven that he was ordinarly accustomed to take these who walked with him by the hand in such places , and for this there was alleadged a Practique lately done by the Lords betwixt Pargilleis and Pargilleis , whereby a Disposition by Pargilleis was Sustained , because he came to the Mercat of Calder , albeit he was helped to and from his Horse , and up and down the Stairs , and that he was not able to tell Money , and was never at the Kirk thereafter : and likewise a Practique in Anno 1647. was alleadged , whereby Graham Merchant in Edinburgh having made a Disposition to his Wifes Daughter , the same was Sustained , because he Lived a long time and did his Affairs in the House , and wrote the Disposition , being two or three sheet of Paper , all with his own hand , which is found sufficient though he did not go out to Kirk or Mercat . The Pursuer answered , that the Reply was most Relevant , even though the supporting were only by the hand , for albeit where there were reiterat acts of going abroad without design , such circumstances would not be noticed , yet where the going abroad was so near to the Disposition , and evidently done to validate the same , it hath been ultimus conatus naturae , and hath not been of custom , but of necessity , so that when such an attempt is made of design , if the Disponer have not so much strength as to walk without the help of any hand , it infers clearly the weaknesse and continuance of the Disease . The Defender repeated his alleadgeance , a●d offered to prove that not only the Defunct went out to Kirk or Mercat , but that he went freely by his own strength , no Body touching him . The Lords being desirous that neither Party should have the sole probation by picking out such Witnesses as made most for them , but that all the Witnesses might be adduced , did before answer appoint either Party to adduce Witnesses to instruct the Defuncts condition the time of the Disposition , and thereafter , and anent the manner of his going abroad , and there being a great multitude of Witnesses adduced by either Party , the Lords considered the Relevancy and Probation both together , by which the Lords found that the Reason of Reduction was relevantly Lybelled , and that it was sufficiently proven , that the Defunct had contracted the Disease whereof the Died before the Disposition ; and as to the Defense and Reply the Witnesses proved all clearly , that he was supported to the Kirk , and from it , and that he fell a swoond in his return , but the Lords found it not necessare that the Defunct should both go to Kirk and Mercat unsupported , but that either was sufficient , but that where both was attempted shortly after , and upon design , the manifest failing in the attempt in going to the Kirk , did much weaken the prior attempt in going to the Mercat : As to which the Lords did consider that the going free to the Mercat behoved to include the free going to the Mercat place , and returning back from the same , not being supported in any place of the way , so that albeit many Witnesses Deponed the Defunct walked freely , none being by him in some parts of the way coming and going , there was no number of Witnesses that proved his walking freely all the way coming and going , even while he was within the Town , but that many Witnesses proved that he was supported , some in the whole way , and some as to several places , some by the Oxter , some by the Elbow , and most by the hand . Therefore the Lords found the Reply Relevant of supporting even by the hand , in any place of the way within the Town , whether Even or Rugged , and found the same sufficiently proven , and therefore Reduced the Disposition , albeit the Defuncts custom to take those who walked with him by the hand was also proven , whereunto they had no regard , this going to Mercat being so soon after the Disposition , and so evidently of design to validat it , and the Defunct never having gone out after , except to the Kirk when he was supported , and fell a swoond ; and as to the Practique , that in Anno 1647. was not produced , but it was in consideration of a Sum left to the Church by that Disposition , and was generally cryed out against by all Persons , yet una hirundo , &c. And as for Pargilleis Case , the Lords perused the whole Debate and Testimonies , and found that Pergilleis Lived near a Mile from Calder , and that being an old Guttish Man he was accustomed to be helped to and from his Horse , and that he Rode to the Town , but that he Lighted then and walked freely through the Mercat , and up a Brae to my Lord Tarphichans House , and returned again to his Horse without any help , either by the hand or otherwise , and regarded not that he was helped up and down Stairs , or to and from his Horse , which the Law doth not require , but only the going freely from the Entry of the Town to the Mercat place , and back again unsupported . The Lords did also find none of the private acts alleadged upon Relevant to prove Health , or equivalent to going to Kirk or Mercat , and that there was no necessity to condescend on particular Diseases . Ioachim Burnmaster contra Captain Dishingtoun . Iune 29. 1671 CAptain Dishingtoun having obtained a Decreet before the Admiral , Adjudging a Ship taken by him at Sea the time of the late War with Holland , whereof Ioachim Burnmaster was Master , the said Ioachim raised Reduction of the said Admirals Decreet , on these Reasons , that his Ship and whole Goods did belong to the Subjects of Sweden , his Majesties Allies , and who had a particular Treaty with the King , bearing expresly , that no Person should be Seised who had a Swedish Pass , in the Terms particularly exprest in the Treaty ; Which Pass the Pursuer had , and produced when he was taken , and yet he was declared Prize , upon pretence that three of his Company were Hollanders , albeit the Treaty bears expresly that where such a Pass is found ulterius nihil exigatur , & in bona aut homines nullo modo inquiratur , and upon pretence that the Oaths of the Master and Company were contrare to the Pass , and proved that there were other owners then these in the Pass , and other Goods , viz. 15. Hogs-heads of Wine , and a quantity of Wine and Brandy wine , and Paper ▪ and that the Ship in question was not then Bought by the Swedes , nor did not go to , or from the parts mentioned in the Pass , albeit none of these saids points be Material ▪ nor did infer that the Ship , or Loading , or any part thereof did belong to the Kings Enemies , but did belong to the Swedes his Allies and Confederats , so that albeit they had had no Pass , or an unformal Pass , their Goods could not be taken from them , there being no Article in the Treaty declaring , that the not having a full and formal Pass should make such Ships Prize , but only that the having thereof should keep them from all question or inquiry . The Defender alleadged Absolvitor , because the Decreet of Adjudication was justly and Warrantably given , for Contrivances the time of the War being most ordinar ▪ the Dutch did frequently palliat their Trading under the pretence of the Kings Allies ; and in this Case it is evident , that the time of the Pass this Ship was in Holland , of a Dutch Build belonging to an Hollander Residing there , and no pretence of Buying the same by a Swede for a long time after , as appears by the vendition produced , which does not bear that the Ship was sold to any Swede , or for their use , but to a Swedish Factor in Holland , without mentioning to whose use , and so is justly suspect to have been for an other Dutchmans use , especially being found Navigable with three Dutchmen in the Company , and no Swede hath ever yet declared upon Oath that this Ship and Goods belonged to them , for by a Certificat of the Swedish Chamber of Commerce produced , that two Swedes did declare that they intended to Buy a Ship in Holland , called the blew Lilly , and yet the Pass of the same date bears , that they swore that the blew Lilly belongs to themselves and no other , and by the vendition the Name of the Ship was not the blew Lilly , so that all hath been but a Contrivance , and that there is nothing produced that necessarly evinces that the Ship and Goods belonged to the Swedes only , and seing the Pass is so palpably false in all the substantial points required by the Treaty , and by the Oath of the Pursuer himself , he cannot cloath himself with the Treaty , which he hath so grossly transgressed , nor hath he adduced sufficient proof that the Ship and Goods belonged to the Swedes . And whereas it is alleadged , that the being Sailed with Hollanders is no ground of Seisure by the Treaty , the same is opponed , which in the next Article to that alleadged upon for not enquiring in the Men and Goods , bears that Seisure shall not be made where such a Pass is nisi gravis suspitio subsit , and there could be no better ground of suspition , then that the Master when he was taken acknowledged the Contents of the Pass not to be true , or conform to the Treaty , and that a considerable part of the Company were Dutches , and as for any Letters produced , they are impetrate since the War upon misinformation . The Lords adhered to the Decreet of Adjudication , and Assoilzied from the Reduction , and found the verity of the Pass canvelled by the Testimonies of the Skipper and Company , and the Certificat , and that most of the material requisits in the Passe were wanting , and no sufficient Evidence that the whole Ship and Loadning did truely belong to the Swedes . Beidmen of the Magdalen Chappel contra Gavin Drisdail . Iune 30. 1671. IAnet Rud having mortified an yearly Annualrent of a Merk Scots , out of a Tenement of hers to the poor Beidmen of the Magdalen Chappel ; they pursue Gavin Drisdail , now Heretor of the Tenement , for Poinding of the Ground ▪ Who alleadged Absolvitor , because he has bruiked the Tenement free of that Annualrent for more then fourty years , so that the Right thereof is prescribed . It was answered , that prescription runs not against the Poor , and things mortified for pious uses . 2dly , They are in the same condition with Minors , having Overseers chosen yearly . 3dly , The years of prescription must be accompted , abating the times of Pestilence and War , when there was no Session . It was answered , that prescription was the great security of the Leiges , and hath no exception by the Act of of Parliament , but only Minority , and neither by the Civil Law or our Custom , is the time of prescription compted per tempus utile , but per tempus continuum , in regard of the length of the longest prescription . The Lords Sustained the Defense of prescription , and Repelled the Replyes . Brody of Lethim and the Laird of Riccartoun contra The Lord Kenmure . Iuly 1. 1671. BRody of Lethim as having Right from Riccartoun , having several years agoe obtained Decreet against the Tennents of the Mains of Kenmure , thereafter upon a motion for the Viscount of Kenmure the Decreet was stopped , and now the Pursuers desire out their Decreet . It was alleadged that the Cause having lyen over several years , must be wakened . It was answered that there being a Decreet pronunced , there was no more Process depending , and so needed not be wakend . It was answered , that a Decreet though pronunced , not being conditional to a day , but being absolute , and thereafter stopped , in respect the stop takes off the Decreet , the Process is in statu quo prius . It was answered , that the stop doth not recal the Decreet , but only hinders the Extract thereof till the Supplicant be further heard , and it is his part to insist in the Bill , and that it would be of very evil consequence if stopped Decreets were recalled , for then not only wakening would be necessar , but in case the Parties should Die , Transferance should be raised , and seing wakenings are not requisite in concluded Causes , much less after Sentence is pronunced . The Lords found no necessity of wakening , but allowed the Defender to propone what further he had to alleadge . Laird of Balfour contra Mr. William Dowglasse . Iuly 4. 1671. THe Earl of Airlies Estate being Apprized by Mr. William Dowglasse since 1652. after the Legal was expired Mr. William was Infeft , and after his Infeftment , the Laird of Balfour Apprized the same Land , and thereupon pursues the Tennents for Mails and Duties . It was alleadged for the first Apprizer that he must be preferred ; First , Because he has the only Right , having an Apprizing expired , and Infeftment thereon , before the Pursuers Apprizing was Led , so that eo momento that he was Infeft upon his expired Apprizing , the common Debitor was fully Denuded , and there was no Right of Reversion , or any other in his Person that could be Apprized thereafter . It was answered , that by the Act of Parliament 1661. between Debitor and Creditor : It is provided that all Apprizings Led within year and day of the first effectual Apprizing shall come in therewith pari passu , and therefore the Pursuer having Apprized within year and day after the first Apprizers Apprizing became effectual by Infeftment , he must come in with him pari passu by the said Act , which makes no difference of expired , or unexpired Apprizings , and by that same Act the Debitor is not so Denuded by the expiring of the Legal and Infeftment , but that year and day is still allowed to subsequent Apprizers , which in effect is a prorogation of the Legal as to Concreditors . It was answered , that the Act of Parliament is opponed , bearing that Apprizings before , or within year and day after the first effective Apprizing shall come in pari passu , as if one Apprizing had been Led for all , which necessarly imports the calculation of the year to be from the date of the first effective Comprizing and not from the date of the Infeftment or Diligence , for the coming in as if one Apprizing had been for all , must relate to the Decreet of Apprizing , which as it is clear by the Letter of the Statute , so also by the Narrative and Motive thereof , bearing that Creditors did not know the condition of their Debitors Estate , which might be Apprized before they could do Diligence , whereas before they had only the benefit of Reversion , for remeed whereof the Parliament brings in all Apprizings that are before , or within a year , after the first effectual Apprizing , which before would have carried the sole Propert● , and factione juris , states all these Apprizings as Led in one day , so that the remeed is sufficient , by having a full year after the date of the Apprizing , and Correctory Statutes are to be strictly Interpret , and if the date of the Diligence be the Rule , an Apprizing after twenty year might be brought to admit a new one deduced after all that time , and not only so , but the Mails and Duties would belong proportionally to the last Apprizer for twenty years before it was Led . It was answered , that the year indulged by this Act of Parliament to Concreditors , must be from the time the Apprizing is effectual , for the words of the Statute bears , all Apprizings before , or within a year after the first effectual Comprizing &c. so that the year must not run from its being an Apprizing , but from its being an effectual Comprizing , and so from the Infeftment or Diligence , neither is the inconvenience shunned otherwise , for the only way then known for publication of real Rights was the Register of Seisings , and not the Register of the Allowance of Apprizings , which is only made necessar by an Act since , and it is very easie to make simulate executions of Apprizings , by taking away the Copies of Denunciation of the Ground , and Citation at the dwelling House of the Debitor , but if once a Seising be in the Register , all provident men take notice thereof , and albeit a Charge be sufficient in stead of a Seising which is not Registrat , yet the ordinar way of compleating Apprizings , which the Law notices is Infeftment , and seing Apprizings are now rigorous Rights , carrying any Estate without consideration of the value , Acts Correctory of them ought to be extended ex aequo , and the more wayes Concreditors have for getting notice of the Apprizing of their Debitors Estate the better , neither are the evil consequences upon the other hand of any moment , it being the first Apprizers fault ( if not his fraud ) that he obtains not Infeftment , or does Diligence therefore , for he may of purpose lye dormant , not only till year and day run , but untill the Legal expire , and thereby cut off the Diligences of all other Creditors , as in this very case the irredeemable Right of an Earldom shall be carried for 1500. pounds , and all the other Creditors excluded , so that the Apprizing is so far from making the case better , that it makes it much worse , as latent and fraudulent , for it cannot be imagined that if the second Apprizer had known that the first Apprizing was Led , but that he would have used Diligence within the year , at least within the Legal , for so soon as he saw a Seising in the Register , he did immediatly Apprize . The Lords preferred the first Apprizer , and excluded the second , and found that the year is to be reckoned from the date of the first effectual Apprizing , and not from the Diligence , whereby it becomes effectual . In this Process the Lords Sustained this Reply , that the first Apprizing was to the behove of the common Debitor , or his eldest Son , and that they would purge the same by payment of what Sums were truly payed for it to the Apprizer , according to the said Act of Parliament 1661. without any Reduction or Declarator . Helen Hume contra The Lord Iustice Clerk. Eodem die . THere being a Bond granted by the Laird of Rentoun to Helen Hume his Daughter , obliging him and his Heirs to pay the Sum to her at her Age of ten years compleat with Annualrent , so long as she should suffer the same unpayed , and then subjoining this Clause , that in case she should die unmarried the Bond should be void : Whereupon the said Helen pursues the Lord Justice Clerk her Brother , who alleadged upon the foresaid Clause , that the effect thereof must necessarly be , that the said Helen should make no voluntare gratuitous Right in prejudice of her Father or his Heirs , that the Sum should return if she were not Married . It was answered , that this Clause not being the ordinar Clause of Substitution . Provision , or Return , cannot be understood a Suspensive Clause , hindring the lifting of the Money , neither yet a resolutive Clause in case the Pursuer Marry not , but it can only have the effect of a Clause of Substitution , that if the Pursuer died Un-married , and the Sum un-uplifted , or Disponed ; her Fathers Heir is preferred to her own Heir , or nearest of Kin , for the Term of payment being her age of ten years , she might then lift the Sum , and there is no provision to reimploy it of this Tenor , or to find Caution to Restore , if she were not Married . It was answered , that this Clause cannot be interpreted as a naked Substitution , but as a condition of the Bond , equivalent to that which is frequent in Provisions of Children , and Contracts of Marriage , that in case the Party had no Children , the sum should return , which was always interpret more than a single Substitution , and to import a Condition or Obligation against any voluntar Deed , or Disposition : And though the Party be thereby Feear of the Sum ; yet it imports a limited Fee , with a Provision to do no Deed in the contrair , without a Cause onerous : and albeit Re-imployment of the sum be not exprest in this Bond , it is implyed in the nature of it . The Lords found , that seing the Bond had a particular Term , and no Condition to Re-imploy : and the question now was only of voluntar Dispositions , without Causes onerous , whereof there was none at present existent . The Lords Decerned the Sum to be payed to the Pursuer , reserving to the Defender his Reason of preference against any Disposition , or Assignation , without a Cause onerous , if the same should happen to be made . Iohn Mccrae contra Lord Mcdonald . Iuly 6. 1671. JOhn Mccrae as Heir to John Mccrae his Goodsire , pursues the Lord Mcdonald , as Heir to his Goodsire , for payment of a Bond of 400. merks in Anno 1629. granted by the Defenders Goodsire to the Pursuers Goodsire . The Defender alleadged absolvitor , because the Bond is prescribed . The Pursuer replyed , that the Prescription was impeded , partly by Minority , and was interrupted by a Citation at his Instance , against the Lord Mcdonald . It was answered , that the first Citation made , was null , being at the Mercat Cross of the Shire , by Dispensation , upon an unwarrantable suggestion , that there was not safe access to him , which has been past of Course by the Servants of the Bill-Chamber , whereas they ought specially to have represented the same , and the consideration thereof to the Lords ▪ and so being surreptitiously obtained , periculo petentis , it can import no interruption . 2dly , The Execution at the Mercat Cross , bears no leaving , or affixing of a Copy . And as for the second Citation , it is but one day before the fourty years be compleat , which being so small a time , is not to be regarded in Prescription , nam Lex non spectat minima , and it is also null , though it be done personally , as falling with the first Execution . The Lords found that the first Citation was sufficient to interrupt Prescription , although it had not been formal , through want of a Copy , and declared they would sustain the Process thereupon , if the leaving of a Copy were added to the Execution subscribed by the Messenger , and abidden by as true . They found also , that the second Citation was sufficient interruption , though within a day of compleating the prescription , which was to be reckoned punctually de momento in momentum . Strachan contra Gordouns . Iuly 7. 1671. STrachan pursues Gordouns for a Spuilzie of four Oxen taken away from them by violence , being then in their Plough by George and William Gordouns and others . The Defenders alleadged absolvitor , because they offered them to prove , that the Oxon were their proper Goods , and were stollen from them , and that thereafter they were found straying upon the Pursuers Ground , and that they were proclaimed as Waith-goods by the Sheriff , and that by the Sheriffs Order direct to his Majors , the Defenders intrometted with them , and so did no wrong . The Pursuer Replyed , that no way granting the verity of the Defense , the same ought to be Repelled , because they having the Oxen in question , in their peaceable Possession four Months , they ought not to have been disturbed in their Peaceable Possession , in this Order , without the Citation or Sentence of a Judge : So that the Defenders having unwarrantably and violently Dispossessed them , spoliatus ante omnia restituendus , and they may pursue for Restitution as accords ; but the Pursuers are not now obliged to Dispute the Point of Right . 2dly , If need beis , they offer to prove that they acquired the Goods from the Laird of Glenkindy their Master , so that being Possessors bona fide cum titulo , they could not be summarly Spuilzied , or Dispossessed : For albeit stollen or strayed Goods may be summarly Recovered , de recenti , or from the Thieves ; yet cannot so be taken from a lawful Possessor , acquiring bona fide . The Lords found the Defense Relevant , and admitted the same to the Defenders Probation : and found also that part of the Reply Relevant , that the Pursuers did Possess bona fide , by an onerous Title , Relevant to elide the Defense though it were proven , as to the Restitution of the Oxen to the Pursuer , and the ordinar profits thereof , but not the violent profits , for they found the Sheriffs Warrand being instructed , would excuse from the violent profits : but they found that the Defenders naked Possession , though for four months , by having the Goods in the Plough , would not infer Restitution or Spuilzie , but that the Goods being stollen or strayed , might be recovered Summarly . Laird of Polmais contra The Tradsmen of Striveling . Eodem die . THe Tradsmen of Striveling having Charged and troubled the Laird of Polmais Tennents , about St. Ninians Kirk , upon the Act of Parliament , prohibiting Workmen to exercise their Trades in the Suburbs of Royal Burrows , Polmais raised a Declarator for freeing of himself and his Tennents of the saids Charges , and that they might freely exercise all their Trades , especially about the Kirk of St. Ninians , which is about a Mile from Striveling , which being Dispute , and it condescended upon , that St. Ninians being a mile from Striveling , could no ways fall under the Act of Parliament , and could not be interpret a Suburb , being no ways adjacent to the Town . The Lords found the Declarator and Condescendence Relevant , and Decerned . Andrew and Adam Stevins contra Cornelius Neilson . Iuly 11. 1671. ANdrew Stevin having made a Disposition of his Lands to Cornelius Neilson his Good-brother , and thereafter another Disposition to his Brother Adam Stevin . They pursue a Reduction of Cornelius Disposition . First , As being upon Trust , and only for the security of a thousand merks , whereanent , it being Debated anent the manner of Probation and Witnesses , ex officio , being craved for clearing the Trust by the Writer , Witnesses and Communers . The Lords refused to Sustain the same , till first they considered the other Reason of Circumvention , which was Libelled thus , That the Disponer was a lavish , weak person , that the Disposition was elicite by his own Good-brother , for a thousand merks only , and that he keeped him privatly from the access of all other Friends , and drank him drunk , in which condition he was when the Disposition was Subscribed , and that it was not Read unto him , and it being excepted upon a Ratification , some Weeks after at another place , and the Reason of Circumvention repeated on the same Terms against that Ratification . The Lords ordained Witnesses to be Examined ex officio , upon the Reason of Circumvention as to both , and specially , whether these Writs were Read at the Subscribing , and whether the Subscriber was Drunk , and whether he was thereby insensible or disordered in his Reason , or what were the Motives induced him to Subscribe . Sir George Maxwel contra Maxwel of Kirkonnel . Eodem die . SIr George Maxwel of Nether Pollock , pursues Maxwel of Kirkonnel , for payment of a Debt of his Fathers , as behaving himself as Heir by intromission with the Mails and Duties of his Fathers Lands of Kirkonnel . The Defender alleadged Absolvitor , because his Father was Denuded , and an Appryzer Infeft , and so could have no Heir in these Lands . It was Replyed , that notwithstanding of the Appryzing , the same remained Redeemable , and the Defunct remained in Possession , and the Defender his appearand heir , did continue his Possession , and so has behaved as Heir ; and though he had had a Right or Warrand from the Appryzer , yet during the Legal , it is immistio , having no other Cause nor Title . It must be presumed to be granted to him as appearand Heir , much more where he hath no Warrand from the Appryzers . 2dly , It is offered to be proven the Appryzers were satisfied by intromission , and what is wanting , the Pursuer offers to satisfie the same at the Bar ; for by the Act of Parliament 1661. betwixt Debitor and Creditor , Appryzings acquired by appearand Heirs , may be satisfied by the Defuncts Creditors , for the sums they truly payed out by the space of ten years : So that the Defender ought to condescend , and Depone what he gave out , and to count for his Intromission , and what is wanting , the Pursuer will pay . The Defender answered , that behaving as Heir , being an odious , universal , passive Title , any colourable Ground is sufficient to restrict it to the value intrometted with . And as to the offer to satisfie the Defender of the Appryzing , to which he has Right . It is not competent , hoc ordine ; for by the Act it is only introduced in favours of other Appryzers , and the Pursuer is a meer personal Creditor , without any Appryzing . It was answered , that the Narrative of that part of the Act , bears it expresly to be in favours of Creditors , and though the subsumption is only applyed to Appryzers , yet it is not exclusive , and by the common Custom , satisfaction of Appryzings by intromission , or present payment , is ever received by Exception or Reply . The Lords found that behaving as Heir is sufficiently elided by any Right or Warrand from the Appryzers , as to intromission thereafter ; or that if the Defunct died not in Possession , But that the Appryzers had then , or thereafter attained Possession , before the intromission . But found that the appearand Heirs continuing in the Defuncts Possession without a Warrand , did infer behaviour , and that the offer to purge the Appryzing at the Bar , was competent , hoc ordine ▪ without burdening the Creditors with the Expenses of Appryzing , to make the appearand Heir lyable for what he intrometted with ; and that the appearand Heir should assign the Appryzing , whereupon the Creditor might continue Possession till he were satisfied of the sums now payed out . Robert Lermont contra The Earl of Lauderdail . Iuly 12. 1671. SIr Alexander Swintoun having Disponed his Estate of Swintoun , to Iohn Swintoun his Son , in his Contract of Marriage , there is a Clause therein , on thir Terms , that it shall be leisom to the said Sir Alexander , to affect and burden the Estate with Infeftments of Wodset or Annualrent , for the sum of fifty four thousand merks , for his Creditors and Bairns ; thereafter Sir Alexander grants a Bond of 1400. merks to the Laird of Smeatoun , and declares it to be a part of the fifty four thousand merks , whereof 2000. merks being now in the Person of Robert Lermont . He pursues the Earl of Lauderdail , as now come in the place of Iohn Swintoun by his Foresaulture , to pay the sums , or at least , that the Lands is , or may be burdened therewith , because the Forefault Persons Infeftment being qualified with the said Reservation , it is a real Burden affecting the Estate , and Swintouns Infeftment being publick , and thus qualified and burdened , was as to this point , the Creditors Infeftment , and his being Forefault , could not prejudge the Creditors , as to this real Burden , in a publick Infeftment , granted by the King. The Defender alleadged , that the Libel was not Relevant , for the Reservation being a meer Power of Burdening by Infeftment , it cannot be pretended that the Forefault Persons Infeftment is sufficient therefore . But seing Swintoun made no use of that power , albeit it might have been sufficient against Swintoun the Contracter , or his Heirs : It cannot militate against the King or his Donator , to whom the Fee returns by Forefaulture without any Burden , but what the King has consented to by publick Infeftments or Confirmations : And though old Swintoun had given the Pursuer a base Infeftment , it would have fallen by the Forefaulture , not having been Confirmed , much more when there is no Infeftment . The Lords found the Libel not Relevant , and Assoilzied . The Heirs of Mr. Thomas Lundy contra Earl of Southesk and others . Eodem die . THe Estate of Sir Iames Keith of Powburn being Appryzed by several of his Creditors , they now compet for preference . Mr. Thomas Lundie who led the first Appryzing , was more then year and day before the rest , and thereupon his Heir craved preference . It was alleaged the Apprizing was null : First , Because it proceeded upon a Bond , carrying a Clause of Requisition , and the Claim of the Appryzing , did not Libel thereupon , so that albeit it be now produced and done debito tempore : Yet the Claim was not sufficiently instructed without it . 2dly , The Messenger did unwarrantably continue the Court of Appryzing till another Dyet , without any necessar Cause , which was never accustomed before , and is of very evil consequence , for thereby Messengers at their pleasure may continue , and weary out the Persons concerned , who might propone Defenses , or produce Suspensions , and are not obliged to attend the pleasure of the Messenger . 3dly , The Appryzing was at the Beitch-hill of Cowper , which is not within the Shire where the Lands ly : And albeit there be a Dispensation in the Letters , that ought not to have been granted , because Appryzings should only be in the head Burgh of the Shire , or in communi patriâ at Edinburgh , but especially seing the Warrand was obtained from the Lords of course , among the common Bills , without being Read or considered , and so is periculo petentis , and cannot prejudge the more formal Diligence of other Comprizers , especially seing Lundy Appryzed of new for the same sums , which will come in pari passu with the rest , being within year and day . It was answered , that it is inherent in all Jurisdictions to continue Processes to new Dyets , having keeped the first Dyet , and that the Messenger by the Letters is Constitute Sheriff , and there is no question but Sheriffs might , and did prorogate Dyets in Appryzings , and the Letters bears Warrand to fix Courts , one or more , and for the continuation , it was but to the next day , in regard of a great Speat , the Appryzing being upon the hill in the open field , the time of Rain , and it being m●dica mora , to the next day , which will give no Warrand to an Arbitrary continuation by Messengers , to what Interval they please . And as for the place , The Lords by Dispensation may appoint what place they see convenient ; and albeit the Dispensation had been of course , and that therein the Clerks had failed , yet the Parties obtainers of such Dispensations are secure thereby , and ought not to be prejudged . The Lords Sustained the Appryzing , and found the Requisition now produced sufficient , and found that the continuing of the Dyet for so short a time , to be no ground of nullity , unless the Competitors could alleadge a special cause , that they did or might alleadged , whereby they were prejudged by leading the Appryzing the second day , rather than the first . The Lords did also Sustain the Dispensation of the place ; and having perused the Practique produced , at the Instance of the Lady Lucia Hamiltoun , anent an Appryzing , led at Glasgow by Dispensation : They found that the Lords did not annul the Appryzing on that Ground . But the Lords ordained , that no Bill bearing Dispensation , should pass of Course in time coming , but upon special Reasons , to be con●idered by the Lords , or the Ordinary upon the Bills ; and that Messengers should not continue the Dyets in Appryzings , but upon necessar Causes ; and ordained an Act to be insert in the Books of Sederunt for that effect . Adam Gairns contra Isobel Sandilands . Eodem die . ADam Gairns pursues Isobel Sandilands , as Representing her Father , to pay a Debt of his , and specially as behaving as Heir , by uplifting the Mails and Duties of a Tenement , wherein the Father Died Infeft , as of Fee , in so far as by Contract of Marriage betwixt Thomas Sandilands her Father , and Iohn Burn , and Isobel Burn his Daughter , The said Iohn Burn provided the said Tenement in thir Terms , viz. after the Obligements upon the Husbands part , it follows thus ( For the which Cause the said Iohn Burn binds and obliges him to Inseft Thomas Sandilands , and the said Isobel Burn , the longest liver of them two in Conjunctfee or Liferent , and the Heirs between them , Which failzying , the said Isobel her Heirs and Assigneys whatsomever ) By which Provision her Father being Feear and Infeft , the Defender is lyable . The Defender alleadged absolvitor , because by this Provision of the Conjunctfee of this Tenement , Isobel Burn the Defenders Mother was Feear , and her Father was but Liferenter , in respect the Termination of the Succession is to the Mothers Heirs , yea , and to her Assigneys , which necessarly imports , that she had power to Dispone . And it is a general Rule in Succession of Conjunct-Feears , that that Person is Feear upon whose Heirs the last Termination of the Tailzie or Provision ended , especially in this Case , where the Right of the Tenement flowes from the Womans Father . So that if there were any doubtfulness , it must be presumed , that the Fathers meaning was to give the Fee to his Daughter , having no other Children : Neither is this Land Disponed nomine dotis : And the Defender stands Infeft by Precept of Favour , as Heir to her Mother , and thereby bruiks bona fide , and her Infeftment must Defend her till it be Reduced . The Pursuer answered , that by the provision , the Husband was Feear , and the Wife was only Liferenter , because though the last Termination doth ordinarly rule the Fee : yet this is as favourable a Rule , that in Conjunct Provisions , potior est conditio masculi , and though the Termination be upon the Wifes Heirs whatsomever , yet they are but Heirs of Provision to the Husband , and he might have Disponed , and his Creditors may affect the Land , which holds in all Cases , except the Lands had been Disponed by the Wife her self , without a Cause onerous . But here the Husband is first named , and it is but a small parcel of Land , beside which , there is no other Tocher ; So that though it be not Disponed , nomine dotis , Yet being Disponed ( for the which Causes ) it is equivalent , and in the same Contract , the Husband is obliged to provide all Lands that he shall Acquire , or succeed to , to himself and his Wife , the longest liver of them two in Conjunct-fee or Liferent , and to the Heirs between them , Which failzying , the one half to the Husbands Heirs , and the other half to the Wifes Heirs and their Assigneys , and it cannot be imagined , that the meaning of these Clauses was , that the Fee of the Mans Conquest and Succession , should not be all Constitute in himself , but that the Wife should be Feear of the half . And in like manner , the Fathers meaning is clear , because the Clause bears not only in Contemplation of the Marriage , but for sums of Money received by the Father , which albeit left blank in the Contract , yet it cannot be thought , that in such a Narrative , he intended to make his Daughter Feear . And as for the adjection of her Assigneys , it is only ex stilo , for Assigneys is ever added after the last Termination of Heirs , and does always relate to all the Feears , and would extend to the Heirs of the Marriage , their Assigneys as well , as to the Wifes Heirs failing them . Likeas , Assigneys isin the same way adjected to the Clause of Conquest , wherein there is no ground to imagine that the Wife is Feear : and both bears the Husband and Wife to be Infeft in Conjunct-fee , or Liferent . The Lords found that by this Provision , and Infeftment thereon , the Husband was Feear , and the Wife only Liferenter , and found no necessity to Reduce the Defenders Infeftment , as Heir to her Mother , not proceeding upon a Retour , but a Precept of Favour , But they found that the dubiousness of the case was sufficient to free her from the passive Title of Behaviour , but only for making forthcoming her intromission , quoad valorem : But it was not Debated nor Considered , whether as bonae fidei Possessor , by a colourable Title , being Infeft as Heir to her Mother , she would be free of the bygones , before this Pursuite . Marjory Murray contra Isobel Murray . Eodem die . UMquhil Murray having Infeft Isobel Murray his Wife in two Tenements , did thereafter by his Testament , leave a Legacy of a thousand pounds to their Daughter Marjory Murray , and gave other Provisions to the said Isobel his Wife , and provided his Daughter to the two Tenements : Which Testament his Wife Subscribes , and after his Death Confirms the same , but under Protestation , that her Confirmation should not prejudge her own Right . The Daughter pursues for the Legacy of 1000. pounds , and for the Rents of the Tenements , and alleadges that the 1000. pounds must be free to her , without being abated by Implement of the Mothers Contract ; And likewise the two Tenements by her Mothers consent and subscription . It was answered , that the Mothers subscription was a Donation betwixt Man and Wife , for being to the Mans Daughter , whom by the Law of Nature he is obliged to provide , it was all one as if it had been to himself . 2dly , her Subscription was obtained in luctu , her Husband being near his Death , and at his desire , ex revèrentia maritali , and the Confirmation can be no Homologation , because of the Protestation foresaid . It was answered , that it was protestatio contraria facto : and the Wife had no necessity to do it , for she might have Confirmed her self Executrix Creditrix . The Lords found that there was here no Donation between Man and Wife , but in respect the Parties had not Debated the effect of reverentia maritalis , ordained them to be heard thereupon , and found the Protestation sufficient to take off the Ratification , or Homologation by the Confirmation , and found the Legacy of 1000. pounds to be left only according to the nature of a Legacy , out of the Defuncts free Goods , and would not exclude the Relict , or any Creditor . Sir David Dumbar of Baldune contra Sir Robert Maxwel . Iuly 14. 1671. SIr David Dumbar of Baldune being Infeft upon several Appryzings in the Estate of Kirkcudbright , pursues Reduction and Improbation against Sir Robert Maxwel of Orchartoun , of all Rights of the said Estate , granted by Baldune himself , or by umquhil Iohn Lord Kirkcudbright , or Thomas Lord Kirkcudbright , or any of their Predecessours , to whom they may Succeed jure sanguin●s , to the Defender . It was alleadged no Certification of any Writs made by the Predecessours of Iohn or Thomas , Lords Kirkcudbright , to whom they might succeed , jure sanguinis , because that can be no active Title to the Pursuer ; for if Iohn Lord Kirkcudbright himself were pursuing a Reduction , he would not have a sufficient active Title , to Reduce the Writs made by any Person to whom he was appearand Heir , unless he had been actually Heir : So neither can the Pursuer his Appryzer , have further interest then Lord Iohn himself : for albeit the Clause is Relevant passive against the Defenders , to produce all Writs made to them , or to their Predecessours , to whom they may succeed , jure sanguinis , because Reductions and Declarators are Competent against appearand Heirs , without any Charge to Enter Heir : Yet they are not competent to appearand Heirs , till they be actually Entered . It was answered , that the Pursuer being publickly Infeft , has good interest to call for all Writs that may burden the Land , to the effect he may improve the same , as an impediment hindering his Infeftment : But specially an Appryzer who has not his Authors Rights , and that this has been always the stile of the general Clause in Improbations . The Lords found the Defense Relevant , and would grant Certification against no Writs , but such as were granted by person , whose Infeftments and Retours should be produced before Extract . The Defender further alleadged , no Certification against any Rights made by Thomas or Iohn Lords Kirkcudbright , to the Defender , because no person was called to Represent them : Whereas it is known that George , Lord Iohn's Nevoy , is both appearand Heir-male and of Line , and that this has been the common Defense always Sustained . The Pursuer answered , that the only ground of this Defense , is when Defenders have Warrandice from their Authors ; and therefore the Pursuer ought to call their Authors , that their Rights in●erring Warrandice upon them , may not be Reduced , they not being heard : But here the Defender produces no Right from Lord Iohn , or Lord Thomas , and so the alleadgeance is not Relevant against the Production , but only in case such Rights be produced , it will be Relevant , when the Pursuer insists to Reduce the Writs produced . The Lords Repelled the Defense , and reserved the same , if any Right should be produced by the Defender , bearing Warrandice . Laird of Milntoun contra Lady Milntoun . Eodem die . THe Laird of Milntoun having insisted in an Improbature against the Lady Milntoun , for annulling a Decreet of Divorce , obtained at her instance against Iohn Maxwel her Husband , the Relevancy whereof was Discust upon the 31. day of Ianuary 1671. and only the manner of Probation of the Corruption of Witnesses , by prompting them how to Depone , or by promising , or giving them Bribes , or any good Deed to Depone , more than their ordinar Charges , remained undiscust . It was alleadged , that such Reprobators were only probable by Writ , or Oath of the Party adducer of the Witnesses , post sententiam latam , for Reprobators upon Corruption , albeit they might be proven before Sentence , by Witnesses above exception as to giving of Bribes , which was a palpable Fact , yet not then , by prompting , or promising , or any words emitted , which are only probable by the Witnesses adduced , or by the Oath of the Adducer : Neither in that case , if the Witnesses adduced be above all exception , can Witnesses be adduced against them , but only their own Oath , or Oath of the Party : So that any Party that quarrels VVitnesses by Reprobators , ought to do the same after they are adduced ▪ and before Sentence ; but if Sentence be once pronunced , and Extracted , it is res judicata , quaepro veritate habetur : And if Reprobators upon corruption , be used after the Sentence , upon Corruption ; the same can only be probable by the Oath of the Adducer : And neither by the Oath of the VVitnesses adduced , who cannot annull their own Testimony , post jus quaesitum parti , nor by other VVitnesses : and if it were otherwise , the greatest inconveniencies would follow : for then the Sentence and Securities of the people , founded thereon , might for fourty years space be quarrelled upon pretence of corruption , and singular Successors acquiring bona fide , might be outed of their Rights : As also , there shall be no Termination of Process ; for as the first Sentence may be Canvelled by Reprobators against the Testimonies , whereupon it proceeded : so may the second be Canvelled in the same manner by a second Reprobator , and so without end . And seing the Law of this Kingdom hath been so jealous of Probation by Witnesses , that it hath not allowed sums above 100. pounds to be proven thereby : So Witnesses should not be admitted in Reprobators , especially after Sentence . It was answered , that Reprobators being a necessar remeed against the Partiality and Corruption of Witnesses : and the question being only , the manner of Probation , by the Law of God and all Nations , Witnesses are the general mean of Probation , and so ought to take place in all Cases , where Law or Custom hath not restricted the same , and it cannot be pretended , that ever there was one Decision of the Lords finding Reprobators only probable scripto vel juramento : And it being acknowledged , that Witnesses are competent , ante sententiam , there is neither Law nor Reason to refuse the same , post sententiam , especially with us , where the Names of the Witnesses are never known till they be produced , neither is their Testimonies published , or ever known before Sentence : So that the other Party can have no interest to quarrel their Testimonies , or know them before Sentence , and so Reprobators shall never be effectual , unless proven by the Oath of the Party , that hath Corrupted them , which is as good as absolutely to refuse Reprobators ; for it cannot be imagined that a Party will Corrupt Witnesses , and not resolve to deny it upon Oath . And as ●o the inconvenience to singular Successors , the Oath of the Author may be as hazardous to them as Witnesses : and if the acquirer of the Sentence be denuded , if in that Case , even their Oath be not receivable , it is easie to Evacuat all Reprobators . And as for the inconvenience of perpetuating Processes , that holds , whether Witnesses be receivable in Reprobators before Sentence or after , and if admitting of Witnesses be so qualified , that it be only when the Witnesses in the first Sentence , are not above Exception , and the Witnesses in the Reprobators above all exception , and that it be in a palpable Fact of receiving Bribes , and recently only after Sentence , and with a liberty to the Obtainer of the Sentence , to astruct the same by other Witnesses , or Evidences , as in Improbations ; for Reprobator is a kind of Improbation , there can be no hazard of multiplying Reprobators , but this inconvenience , if it were Relevant , would not only take away all Reprobators , but all Reductions , for the Decreet Reductive may be quarrelled by a second Reduction , and that by a third , and so without end . But the inconvenience on the other hand is far greater , that all Parties will be sure to Corrupt VVitnesses , if they do but resolve not to confess it , and VVitnesses will be easie to be Corrupted , being secured against all Redargution : And whereas it is pretended , that Witnesses with us prove not above 100. pounds , that is only where VVrit may , and uses to be adhibite , in paenam negligentium : But otherwayes VVitnesses are adhibite in the greatest matters , as Improbation of VVrits , Probation of Tenors , Extortion , Circumvention , Spuilzies , Ejections , and Intromissions of whatsomever kind or quantity . The Lords found Reprobators upon Corruption , and prompting of VVitnesses , only probable scripto vel juramento , after Sentence , this was contrair the opinion of many of the Lords , and was stoped till a further hearing at the Bar. Earl of Hume contra The Laird of Rislaw . Iuly 18. 1671. THe Kirk of Fogo having been a Kirk of the Abbacy of Kelso , when the same was Erected ; this Kirk was reserved in favours of the Earl of Hume , and Disponed to his Predecessors , whereupon he pursues the Laird of Rislaw for the Teinds of his Lands , as a part of the Teinds of Fogo , who alleadged absolvitor , because his Predecessors obtained Tack of their Teinds from the Minister of Fogo , as Parson thereof , which Tack , though it be now expyred , yet he bruiks , per tacitam reloca●ionem . The Pursuer Replyed , that his tacite Relocation was interrupted by Inhibitions produced . The Defender answered , that the Inhibitions were only at the instance of the Earl of Hume , who was never in Possession of his Teinds , whose Right he neither knew , nor was obliged to know , and the Earl ought to have used Declarator against the Defender , and the Parson of Fogo his Author ▪ which was the only habile way , and not the Inhition . The Lords Sustained the Processe upon the Inhibition , and restricted the Spuilzie to wrongous Intromission , unless the Defender could propone upon a Right in the Person of himself , or his Author , that could either simply exclude the Earls Right , or at least give the Defender ▪ or his Author the benefite of a possessory Judgement , and put the Earl to Reduction or Declarator . VVhereupon the Defender alleadged , that the Parson of Fogo was presented by the King , as Parson of Fogo , and did so bruik by the space of thirteen years , which was sufficient to Defend him , in judicio possessorio . It was Replyed , First , That the Minister cannot pretend the benefit of a possessory Judgement , because his Possession was not peaceable , in so far as it was within the thirteen years , it was interrupted by the Pursuers Inhibitions . The Defender answered , that he offered to prove thirteen years Possession , at least seven years peaceable Possession , before any Inhibition , which is sufficient ; for as thirteen years Possession makes a presumptive Title , decennalis & triennalis possessor non tenetur docere de titulo : yet where the Defender produces a Title , viz. a Presentation as Parson , he is in the common Case of a possessory Judgement upon seven years Possession . The Pursuer further Replyed , that albeit the seven years were peaceable , and sufficient for a possessory Judgement ; yet the Defender cannot maintain his Possession by tacite Relocation , for he having no positive Right in his Person , his Tack being Expired , he can only maintain his Possession upon his Authors Right , as Parson , and so can be in no better Case than his Author , who if he were compearing , not pleading the benefite of a possessory Judgement , he would be excluded by this Reply , that he had acknowledged the Earls Right , and taken Assignation from him to the Tack-duty , due by the Defender , which , though it would not be sufficient after the Defenders Tack , to exclude the same , if it were not expired , yet it is sufficient against his tacite Relocation , which can only subsist , while his Author hath Right and Possession , and being but a presumptive continuation of the Right , it is easily taken away by any Deed of the Author . It was answered , that tacite Relocation being introduced by Law , was as strong as a Prorogation , and continuation of the Tack , which could not be prejudged by any posterior Deed of the Parson . The Lords found the Defense upon the Parsons Right cled with seven years peaceable Possession Relevant in judicio possessorio , to defend the Defenders tacite Relocation , but found the Reply Relevant , that the Parson had accepted Assignation from the Pursuer , to make the Defender lyable for the ordinary profits , after the Assignation , and after the first Inhibition , but only for the Tack-duty till the first Inhibition , and found that the tacite Relocation was not in a like case , as if the Defender had a Tack , or Prorogation . Andrew Harlaw contra Agnes Hume . Iuly 18. 1671. ANdrew Harlaw having obtained Decreet against Agnes Hume , as Executrix to her Husband : She Suspends and raises Reduction on this Reason , that the inferiour Judge did wrong in Decerning her , being only Executrix Creditrix , as being lyable for the whole Inventar , because by the Law and Custom of this Kingdom , Executors Creditors , who Confirm only for obtaining payment of their Debt ▪ are lyable for no more but what they intromet with above the Debt due to them , and are not lyable for further Diligence as other Executors : Yea it was found upon the 11. of Iune 1629. observed by Dury , that an Executor having no interest , was not lyable for Diligence , but only to Assign in the Case betwixt Nivin and Hodge . It was answered , that Executors Creditors are lyable for intromission and omission as other Executors , because they accept an Office , and exclude others who would be lyable for Diligence , and they have no more advantage , but that they are preferred to others as being Creditors , and may pay themselves in the first place , and it would be of pernicious consequence , if their negligence should cause the interest of Children , though Orphants , as well as Creditors to perish ; and therefore the Lords did justly in Anno 1667. in the Case betwixt Bisket and Greig , find an Executor Creditor lyable for the whole Inventar , both for Intromission and Omission . It was answered , that it hath always been heretofore holden , that Executors Creditors were not in the case of other Executors as to Diligence , and that the ordinar Remeed was , that Creditors might pursue the Executor Creditor , and thereupon would obtain Assignations to any Debts in the Inventar they pleased , except such as had been uplifted by the Executor , for their own payment ; upon which Assignations they did always pursue for themselves , so that there was neither Exclusion nor obstacle to the Creditors , but on the contrair , they got Assignations , without being at the trouble to Confirm : So that this Confirmation being many years ago , it were against all Reason to make the Executors Creditors further lyable than they were then esteemed to be , which might also be drawn back against all Executors Creditors , which are very many . The Lords having considered the Decision betwixt Bisket and Greig , that it was upon a recent Confirmation , and in favours of a Wife for her Provision , out of whose hands the Executor had recovered the Goods , though she was a priviledged Creditor : They found that this Executor Creditor being long before Confirmed , was not lyable for Diligence , but only for Intromission , and resolved to take it into consideration , whether Executors Confirming in time coming , should be lyable for Diligence , and to consider the inconvenience on both parts , and to make an Act of Sederunt thereanent . Countess of Cassils contra Earl of Roxburgh . Eodem die . THe Countess of Cassils in her Contract of Marriage with the Lord Ker , being provided to 5000. pounds , he did stante matrimonio , provide her to an Annualrent of 10000. merks further during her Lifetime , and upon his Death-bed , he made two Testaments of one date , by the one he nominate his Father Tutor to his Children , and left to him the Provisions of his Wife and Children , by the other he provided his Lady to 5000. pound more than her Contract , and named Provisions for his Children , but subjoyned a Clause , that if his Father , who was then in England , returned and made use of the other Testament , that this Testament should be null ▪ The Earl of Rox●urgh his Father did return , and was Infeft as Heir to his Son , and did Ratifie his Sons Bond of Provision of 10000. merks , and by his Testament , did expresly mention his Sons former Testament , and by vertue thereof named Tutors to his Oyes , and by a Bond a●part , gave different Provisions to them , from these appointed by their Fathers Testament , and this Earl of Roxburgh being Heir of Tailzie to him , did in his Contract of Marriage reserve the Pursuers Infeftment of this Annualrent , and did many years satisfie and take Discharges of the same ; and now she pursues the Earl , as contraverting the payment for some years bygone , and in time coming during her Life . The Defender alleadged absolvitor , because the Pursuer being competently provided by her Contract of Marriage , this additional Provision was a Donation betwixt Man and Wife , and so by the Law is Revockable at any time during the Husbands Life , even upon Death-bed , or by his Testament , not only by a direct Revocation , but by any thing that might import a change of his mind , and accordingly he hath Revocked the same by his Testament produced , adding only 5000. pounds to his Ladies Provision by her Contract , and albeit thereafter the late Earl did Ratifie and acknowledge this additional Provision , yet therein they were errore lapsi , not having known of this Testament of the Lord Ker , at least not having understood that it imported a Revocation of this Provision , and therefore may justly now Reclaim against it . The Pursuer answered , that this Testament imported no Revocation , which it did not mention , neither is the addition of 5000. pounds therein an indirect Revocation , which must ever be by an inconsistent Deed , but both these conditions are consistent , albeit that by the Testament it be modo inhabili , and it is very like that the Testator , being taken with a great Fever , did not remember of this Provision , or added the other 5000. pounds on this consideration , that the former Provision was only to take effect , after the Earl of Roxburghs Death ; so that the Lord Kers meaning might probably be to add 5000. pounds during his Fathers Lifetime . 2dly , Though the Testament could import a Revocation , yet the Testament it self being Conditional , only to stand in case his Father returned not to Scotland , and made use of the other Testament of the same date , all the Tenor of it , and this restricting Clause , is affected with the same Condition , so that if the Testator had said that he had restricted his Ladies additional Provision to 5000. pounds in case his Father returned not , but in that case left her to his Fathers provisions , it would be truly a conditional Revocation , which Condition is purified by the Fathers Return , and providing the Lady by his Ratification of this Bond of Provision , nor can it be justly alleadged , that both this and that Earl were errore lapsi , seing the Testament is produced by the Earl himself , and was never in the Ladies hands , and doubtless it hath been advised by the late Earl ere he Ratified , who was a most provident man , and his Ratification is dated at the Canongate , ubi fuit copia peritorum , and if Ratifications should become ineffectual , or if errore lapsus , should be Relevant upon the ignorance , or mistake of the import of a Writ ; Ratifications should be of no effect , but any ground that might defend the Ratifier before the Ratification , might annul the same upon pretence that he knew it not : and therefore errore lapsus is only understood de invincibili errore facti , but never de ignorantia juris quae neminem excusat . The Lords found that any Revocation by the Testament was only Conditional , and became void by the Earls Returning , and making use of the other Testament ; and therefore Repelled the Defense in respect of the Reply , and had no necessity to determine anent the Confirmation , and Error alleadged . Lindsay of Mount contra Maxwel of Kirkonnel . Iuly 20. 1671. LIndsay of Mount being Donator to the Waird of the Estate of Kirkonnel , by the Death of the late Laird , and Minority of this Laird , pursues the Tennents for Mails and Duties . Compearance is made for the appearand Heir , as having Right by Disposition from his Grand-mother to an Appryzing , led at her Instance against her Son , and alleadged that there could be no Waird , because Kirkonnel the Kings Vassal was Denuded before his Death , and his Mother as Appryzer was Infeft . It was answered first , That this Apprizing was upon a Bond granted by the Defunct to his own Mother , for the behove of his Son , and appearand Heir , without any onerous Cause , and so was null and simulat , and a fraudful Contrivance , in prejudice of the King as Superiour , of his Casuality of Waird , and that it was found in the Case of the Lord Colvil , that a Vassal having married his appearand Heir in lecto , It was found a Fraudulent precipitation in defraud of the Waird . It was answered , that the alleadgeance was not Relevant , because there was nothing to hinder the Defunct to have Resigned in favours of his appearand Heir , without any Cause onerous , or to grant him a Bond that he might be Infeft upon Appryzing , or to grant such a Bond to any Person to the Heirs behove , he being in leige poustie , and there can be no presumption of Fraud , seing he might have obtained his Son Infeft directly , which the King refuses in no case , when the Granter is in leige poustie . The Lords Repelled the Alleadgeance for the Donator , and Sustained the Appryzing . The Donator further alleadged , that by the Act of Parliament 1661. betwixt Debitor and Creditor , It is provided , that the Debitor may cause the Appryzer Restrict himself to as much as will pay his Annualrent , and the Debitor may bruik the rest during the Legal ; and now the Donator is in place of the Debitor , so that what superplus there is more than will pay the Appryzers Annualrent ▪ must belong to the Donator . It was answered , that this Clause is peculiar , and personal to Debitors , and cannot be extended to Donators , who are not mentioned therein ; because Debitors when they crave Restriction , they are presumed as provident men , to uplift the rest for satisfying the Appryzing , or their other Debts , or for their Subsistence , and so being introduced wholly in their favours , it cannot be extended in favours of the Donator to their prejudice : For if the Appryzer Possess all , the superplus will satisfie the Appryzing ; whereas , if the Donator uplift the Superplus , the Debitor will be hudgely prejudged , neither the Appryzing , nor any other Debt of his being satisfied thereby , nor his Heir intertained therewith . The Lords found that this Clause could not be extended to a Donator , and that there could not be a Waird , both by the Decease of the Appryzer and Debitor . The Donator further alleadged , that the Appryzing was satisfied by Intromission within the Legal , which did extinguish the Appryzing , as to all Effects and Purposes , as if it had never been , and all Parties return to their Rights , as they were before the Appryzing ; and so consequently the Superiour , and his Donator has the Ward Duties , during the appearand Heirs minority , after the Appryzing is extinct ; for the Appryzing being but a Collateral Security , like an Infeftment for Relief , it is jus resolubile , and doth not fully Divest the Debitor , who needs not be Re-seased , as he would be in the case of a Wodset holden publick , but the Debitors own Infeftment Revives and stands valide , and the appearand Heir must be Infeft as Heir to the Defunct , which cannot be till he be legitimae aetatis , after the Ward . It was answered , that the Alleadgeance is not Relevant , unless the Appryzing had been satisfied in the Defuncts Life , for then his Infeftment would have Revived : But if any thing remained due , the appearand Heir hath the Right of Reversion as appearand Heir , and Intromission thereafter cannot Revive the Defuncts Infeftment . The Lords found that so soon as the Appryzing was extinct , whether before the Defuncts Death or after , the Ward took effect , and the Donator had Right . Laird of Birkinbog contra Iohn Grahame of Craigie . Eodem die . IN a Competition amongst the Creditors of umquhile Sir Robert Dowglass of Tilliquhilly , a Disposition granted by Sir Robert to Grahame of Craigie , was called for to be Reduced upon this Reason , that it was granted by Sir Robert when he was a notorious and known Bankrupt , and fled and was latent , so that by the Act of Parliament 1621. he could not prefer one Creditor to another , being in that Condition , for that Act annuls all Dispositions made by Bankrupts , without a just and necessary cause , and there was no nec●ssity nor Justice for the Bankrupt to prefer one Creditor to another . It was answered , that unless there had been legal Diligence at the Pursuers instance , or that the Defenders Disposition had been without a cause onerous , there is no ground for that Act to hinder any Debitor , though Bankrupt , to prefer one Creditor to another , for if he had had the Money , he might have payed any he pleased , and the Cause is both just and necessary , because he might have been compelled by Law to have done the same , and there was nothing to hinder the Creditor , but that as he might have first Appryzed , so he might have taken the first Disposition from his Debitor . 2dly , The Pursuers Debt was for a Bargain of Victual Sold and Delivered to the common Debitor , but a Month before the Disposition in question , when he was alleadged to be Bankrupt . The Lords found the last Alleadgeance Relevant , and Assoilzied from the Reduction , but did not decide upon the former alleadgeance . Guthrie contra Mackarstoun . Eodem die . IN a Competition betwixt an Heir and an Executor , anent the Rent of a Miln , where the Tacks-mans Entry was at Whitsunday , where the first Terms of payment of the Rent was at Candlemas , and the second at Whitesunday , the Liferenter having survived Candlemas , and died before Whitesunday : The question arose , how far the Executor of the Liferenter had Right , it being alleadged , that the Executor of the Liferenter could only have Right to the one half , the Liferenter having only survived the first Term as in House Mails . The Lords found that the legal Terms of a Miln Rent being Whitesunday and Mertinmas , the Liferenter having survived both the legal Terms , had Right to the whole years Rent in the same way as in Land Rents , and not to the one Term as in House Mails . Sir George Maxwel of Nether Pollock contra Maxwel of Kirkonnel . Iuly 21. 1671. IN this pursuit related the 11th , of Iuly instant : It was further alleadged for the Defender , that the Pursuer cannot purge his Appryzing , as now being in the Person of the appearand Heir , by the Act of Parliament 1661 betwixt Debitor and Creditor , by payment of what truely the appearand Heir payed , because the express Provision in that Act is , that where ever the appearand Heir of the Debitor shall acquire Right to expired Apprizings hereafter , which cannot extend to this case , because the Right to this Apprizing was acquired before that Act , and because it was not an expired Appryzing , but the Legal then running . It was answered , that albeit the Disposition of the Appryzing granted to the appearand Heir , was prior to the Act , yet the Right was purchased posterior to the Act , for the Disposition could not give Right , but only the Infeftment following thereupon ; for if after that Disposition , any other had been Infeft upon Appryzing or Disposition by the Defenders Author , that posterior Infeftment would carry the Right , so that the Author cannot be said to be divested , or the appearand Heir invested , or stated in the Right , till his Infeftment , which is after the Act of Parliament . To the second , The Pursuer answered , that the Defenders Appryzing , albeit it was Redeemable , when he acquired Right thereto ; yet it becoming now irredeemable in his Person ; it cannot be denyed but he has acquired Right to an irredeemable Appryzing , albeit it was not irredeemable when he acquired the Right , yet he hath acquired Right to that Appryzing , that now is irredeemable ; for the Extinction of the legal Reversion , cursu temporis , is a Right accrescing to him , and acquired by him , and no Heretage to him : and seing the Words of the Act are capable of this interpretation , there can be no doubt of the Legislators mind , or that it should be thus interpret ; because otherwayes that excellent Provision would be evacuate , for the appearand Heir would alwayes acquire Right to an Appryzing before the Legal were expyred , though he should pay the Appryzer the full sum , and would make no use of it till the Legal were Expyred , and thereby carry the Right of the whole Estate , though it were of twenty times more value : But the only Motive of that Act of Parliament being , that albeit the Law gives Appryzers the Right of all that they Appryze at random , if they be not Redeemed within the Legal ▪ yet the Appryzer is ashamed to take so great Legal advantage ; and therefore ordinarly compones with the appearand Heir , who being favourable , makes no Bonds to bruik the whole Estate of his Predecessor , excluding all his other Creditors : and therefore this Remeed is introduced , which will be evacuate , if the Act of Parliament be not thus interpret , and that interpretation should be ever followed , which is according to Equity , and whereby the Statute may stand , and not be eluded . The Defender answered , that this Statute being Correctory of the Common Law , is strictly to be interpret , and not to be extended : and the Acquisition of Rights being ever interpret from the Disposition , and not from the Infeftment thereon , multo magis , should it be so interpret in this case , And as to that part thereof anent the Expyring of the Appryzing , the Pursuers Interpretation is not only constrained , but inconsistent with Justice , for ubi subest Remedium ordinarium non est recurrendum ad medium extraordinarium , for if the appearand Heir acquire Right to an Appryzing unexpyred , the Reason and Motive of the Statute ceases , for both the Debitor and Con-creditors may Redeem from the appearand Heir , and can pretend no necessity of extraordinary Remeed , especially if the appearand Heirs Right be not latent , but publick by Infeftment . The Lords found that the appearand Heirs Right being only become Real by Infeftment after the Act of Parliament , that it was then to be understood to be acquired , when the Author was Denuded and the appearand Heir Invested , so that no posterior Right from his Author could Exclude him : And found also , that albeit the appearand Heirs Right were during the Legal , yet if it stood in his Person till the Legal were expyred , that the same fell within the Act of Parliament , and found it Redeemable by what the appearand Heir truly payed within ten years , to be counted from the Date of the acquiring of the Right , conform to the words of the Act , and not from the time the Appryzing became expyred thereafter . Scot of Hassendene contra The Dutches of Buccleugh . Eodem die . UMquhil Scot of Hassendene having no Children , Disponed his Estate to Buccleugh his Chief , who granted a Back-bond of the same Date , bearing the Disposition to have been granted upon the ground foresaid , and obliges himself and his Heirs , that in case Hassendene should have Heirs of his Body to succeed him , that he should denude in favours of these Heirs : and now his Son and Heir born thereafter , pursues the Dutches to Denude , who alleadged Absolvitor , because the Back-bond being now fourscore years since , is long ago Expyred . It was answered , that albeit the Date be so long since , yet the Prescription runs not from the date , but from the Death of the Pursuers Father , which is within fourty years , for the Pursuer could not be his Heir before he was Dead ; and the Back-bond bears , if Hassendene had Heirs to succeed to him . It was answered , that Heirs oftimes were interpret , Bairns that might be Heirs ; and if this Pursuer had pursued in his Fathers Life , he could not have been justly excluded , because his Father was not Dead , and he actually Heir , and so valebat agere , in his Fathers Life . It was answered , that although in some favourable Cases , Heirs be interpret to be Bairns that might be Heirs ; yet in odiosis , it is never so to be interpret , and there is nothing more odious , than to take away the Pursuers Inheritance , freely Disponed to Buccleugh by his Father , in case he had no Children upon Prescription , by such an extensive interpretation of the Clause . 2dly , If he had pursued in his Fathers Life , he might have been justly Excluded , because if he had happened to die without issue , before his Father Buccleugh had unquestionable Right , and so during his Fathers Life , he could not be compelled to Denude . The Lords found that the Prescription did only run from the Death of the Father , and that this Pursuer could not have effectually pursued in his Fathers Lifetime . Blair of Bethaick contra Blair of Denhead . Iuly 22. 1671. PAtrick Blair of Bethaick as principal , and Patrick Blair of Ardblair as Cautioner , granted Bond to Iean Blair , and failing of her by Decease , to her Children equally amongst them , for the sum of 2550. m●rks , upon 5th of May 1624. there were five years Annualrent resting at the Death of the said Iean Blair , and now Captain Guthry her Executor pursues the Representatives of the Cautioner for payment thereof , who alleadge Absolvitor , because the last of these Annualrents being due in Anno 1630. There is fourty years run before this pursuit , or any other Diligence , and so the Bond it self is Prescribed , and specially these years Annualrents . The Pursuer Rep●yed , that the Prescription was interrupted , in so far as a part of the Principal Sum was payed within the years of Prescription . It was answered for the Defender , that the payment being mode to the Daughters of the principal Sum , it could have no effect as to the Annualrents preceeding Iean Blairs Death , which belonged not to her Daughters , as persons Substitute in the Bond , but to her Executors , so that the Bond might well be preserved , as to the principal Sum , and yet prescribe as to the Annualrents , these being two several Right , and stated in several Persons . It was answered , That the Interruption by payment was sufficient for preserving both Principal and Annual , for Prescription being odious , any Deed by which the Debitor and Creditor acknowledge the Right within the fourty years , is sufficient , not only as to the interest of the particular Actors , but as to all others who have interest in the same Right , as payment of any part of the Annualrent by one Person , preserves the whole Right against all the Cautioners and Co-principals , though they neither payed , nor were pursued within fourty years , so payment of any part of the Principal , must in the same manner preserve the Right of the Bond , as to all Annualrents , to whomsoever they belong , if they be not fourty years before that Interruption , by payment of a part of the principal . Which the Lords found Relevant . This was stopped on the Lords own consideration , without a B●ll from the Parties , because by common Custom , though Annual had been constantly payed for fourty years , yet all preceeding prescribed , whereupon it was contrarily Decerned thereafter , February 7. 1672. Alice Miller contra Bothwel of Glencorse . Eodem die . ALice Miller pursues Improbation of a Minute of a Tack betwixt her and Glencorse who compeared and abode by the verity of the Tack , and the Writer and Witnesses of the Tack being Examined upon Oath , did Depone that they did not see Alice Miller Subscribe , and one of them Deponing that he had Subscribed at Glencorses instigation , who told him that he had caused set to Alice Millers Name , only one Witness who was Writer , and was Glencorse his Brother Deponed that he saw the said Alice Miller Subscribe with her own hand . The Lords having this Day Advised the Cause , found that the Witnesses did not abide by the verity of the Subscription of the said Alice Miller , and did therefore improve the Minute , but found it not proven who was the Forger of the said Alice Millers Subscription . Captain Guthrie contra The Laird of Mccairstoun . Iuly 25. 1671. CAptain Guthrie having Married Dame Margaret Scot , and she dying in Possession of the Lands of Mannehill , Laboured by her Husband and her in the Moneth of April , Mccairstoun as Heretor of the Land , craves the Rent of the Land for that year , in respect the Liferenter neither lived till the first Legal Term , which is Whitesunday , nor till Martinmasse . It was answered , that by immemorial Custom , Liferenters have Right to the Cropt of Lands Sowed by themselves , whether they attain to the Term of Whi●esunday or not , neither were they ever found lyable for any Duty therefore . Which the Lords Sustained . Robert Baillie contra Mr. William Baillie . Iuly 27. 1671. THe Laird of Lamingtoun having made a Tailzie of his Estate wherein William Baillie eldest Son to his Deceased eldest Son , is in the first place , and to him is Substitute Robert Baillie , Lamingtouns second Son , and the Heirs of his Body , reserving to the said Robert his Liferent , from the Fee of his Heirs , in case they succeed , and failzying of Roberts Heirs , to Master William Baillie , Lamingtouns Brother Son , after Lamingtouns Death there is a Contract betwixt this Lamingtoun and Mr. William Baillie on the one part , and Robert on the other , by which Lamingtoun obliges himself to pay to Robert , the sum of six hundreth merks during his Life , and Robert Renunces and Dispones to Lamingtoun his portion natural , and Bairns part of Gear , and all Bonds and Provisions made to him by his Father , and all Right he has to the Estate of Lamingtoun , or any part thereof , and that in favours of this Lamingtoun , and his Goodsires Heirs males , contained in his Procutry of Resignation . Robert Baillie raises a Declarator against Lamingtoun and Mr. William Baillie , for Declaring that this Contract could not be extended to exclude him or his Heirs from the Right of Tailzie in the Estate of Lamingtoun , failzying of this Laird and his Heirs , and that it could only be extended to any present Right Robert had to the Estate of Lamingtoun , but to no future Right , or hope of Succession , seing there is no mention either of Tailzie or Succession in the Contract . It was alleadged Absolvitor , because Robert getting 600. Merks yearly , he can instruct no Cause for it but this Renunciation , which must necessarly be so interpret , as to have effect , and so if it extend not to exclude him from the Tailzie , it had neither a Cause for granting the six hundreth merks , nor any effect thereon . It was answered , that Robert being a Son of the Family , and Renuncing his Portion natural , it was a sufficient Cause , and though there were no Cause , such general Renunciations could never be extended to future Rights , or hopes of Succession , unless the sum had been exprest . Which the Lords found Relevant , and Declared accordingly . Sir Iohn Keith contra Sir George Iohnstoun . Iuly 28. 1671. THe Estate of Caskiben being Appryzed by Doctor Guil , Sir George Iohnstoun the appearand Heir , acquired Right to the Appryzing , in the Person of Phillorth , who by a Missive Letter , acknowledged the Trust , upon which Letter , Sir George raised Action against Phillorth , to compt for his intromission , and Denude himself , and upon the Dependence , raised Inhibition , yet Phillorth sold the Estate to Sir Iohn Keith , who to clear himself of the Inhibition , raised a Declarator that the Inhibition was null , and that his Estate was free of any burden thereof , because it wanted this essential Solemnity , that the Execution against Phillorth did not bear a Copy to be delivered , and that the Executions being so Registrat , he being a Purchaser for a just price ; and seing no valid Inhibition upon Record , he ought not to be Burdened therewith . The Defender alleadged Absolvitor : Because , First , The delivering of a Copy was no Essential Solemnitie , neither does any Law or Statute ordain the same : much less any Law declaring Executions void for want thereof : and albeit it be the common Stile , yet every thing in the Stile is not necessary ; for if the Messenger should have read the Letters , and showen them to the Partie , he could not say , but that he was both Certiorat and Charged not to Dispone . 2dly , The Executions bear , that Phillorth was Inhibit , personally apprehended . 3dly , The Inhibition comprehends both a Prohibition to the Party Inhibit , and to all the Leidges at the Mercat Cross , at which , the Execution bears a Copy was affixed , so that whatever defect might be pretended as to Phillorth , this Pursuer and all the Leidges were Inhibite to block or buy from him , so that the Pursuer has acted against the Prohibition of the Letters , and cannot pretend that he purchased bona fide , being so publickly Inhibit , and the Inhibition put in Record , he neither should nor did adventure to purchase , without special warrandice , to which he may recur . 4thly , Such Solemnities when omitted may be supplied ; for there is nothing more ordinar than in Summons to add any thing defective in the Executions , and abide by the truth thereof , and many times these Solemnities are presumed done , though not exprest , as a Seasing of a Miln was Sustained , though it bear not Delivery of Clap and Happer ; yet bearing a general with all Solemnities requisite , it was Sustained : and a Seasine of Land , though it bear not Delivery of Earth and Stone , seing it bear Actual , Real and Corporal Possession , and the Clause ●acta erant hac super solo &c. ut moris est : Yea , in other Solemnities which the Law expresly requires as three ●las●s in the Executions of Horning , and six knocks , and the affixing of a Stamp , have all been admitted by the Lords to be supplied , by proving that they were truely done , though not exprest in the Execution : Though Horning be odious and penal , inferring the loss of Moveables and Liferent ; therefore it ought much more to be supplied in the case of an Inhibition , which is much more favourable to preserve the Croditors Debt , and here the Messenger hath added to the Execution , that a Copie was Delivered , and Subscribed the same on the Margent , and it is offered to be proven by the Witnesses in the Execution , that it was truely so done . The Pursuer answered , that there was nothing more essential in an Execution , than delivering of a Copy , for showing or Reading of Letters was no Charge , but the delivering of the Copy was in effect the Charge ; and albeit Executions which require no Registration , and may be perfited by the Executor , at any time may be amended as to what was truly done ; Yet where Executions must necessarlie be Registrate within such a time , else they are null , after the Registration the Messenger is functus officio , and his assertion has no Faith : and seing the giving of a Copie is essential , and if it be omitted , would annul the Execution ; so after Registration it can●ot be supplied , because in so far the Execution is null , not being Registrate , debito tempore , for as the whole Execution would be null for want of Registration , so is any essential part : and whatever the Lords has supplied in Hornings , yet they did alwayes bear , that the same was lawfullie done according to the Custom in such cases ; and this Execution does not so much as bear that Phillorth was lawfullie Inhibite , but only according to the Command of the Letters which do not express any Solemnitie : and it hath been found by the Lords , that a Horning being Registrate , and not bearing a Copy Delivered , it was found null ; because that part was not in the Register , nor was it admitted to be supplied any way , but that it were proven by the Oath of the Keeper of the Register , that that Clause was upon the Margent of the Execution , when it was presented to the Registister , and was only neglected to be insert by him , which shows how necessar● a Solemnity the Lords have accompted the giving of a Copy , and Registrating thereof : And if Solemnities of this kind , be by Sentence passed over , it will not only incourage Messengers to neglect all accustomed Solemnities , but course of time may incroach on all other Solemnities ; whereas , if this be found necessar , none will ever hereafter omit it , or any other necessar Solemnity . The Lords found the Inhibition null , and that the Delivering of a Copy was a necessar Solemnity , which not being contained in the Register , they would not admit the same to be supplied by Probation , in prejudice of a singular Successor , Acquiring for a just price . Hadden contra The Laird of Glenegies . Eodem die . HAdden being Donator to the Marriage of the Laird of Glenegies , pursues Declarator for the avail thereof . The Defender alleadged Absolvitor , because by an Act of Parliament 1640. It was Declared , That whosoever was killed in the present Service , their Waird and Marriage should not fall , Ita est , Glenegies was killed during the Troubles , at the Battel of Dumbar . It was Replyed , that the present Troubles could not extend further than to the Pacification , Anno 1641. After which there was peace till the end of the year , 1643. 2dly , The Parliament 1640. and all the Acts thereof are Rescinded . It was Duplyed , That the Troubles were the same , being still for the same Cause , and that the Rescissory Act contained a salvo of all private Rights Acquired by these Rescinded Acts. It was answered , that this was a publick Law , and the salvo was only of particular concessions by Parliament to privat Parties . The Lords found that the Act 1640. reached no further than the Pacification , by which the Troubles then present were Terminate . The Lords Demured in this case upon remembrance of a Process before them , at the instance of the Heirs of Sir Thomas Nicolson , against the Heirs of the Laird of Streichen , upon the Gift of Streichens Waird , to Sir Thomas , who Died the time of the War , being Prisoner by occasion of the War , and after Pacification , that they might have seen what they had done in that Case , but did not get the Practicque , and the Parties being agreed , they Decided in manner foresaid , wherein this was not proponed nor considered , that the foresaid Act was always esteemed , an Exemption after the Pacification , during the whole Troubles , and no Waird for Marriage was found due that time , though many fell during the War , and if it had not been so esteemed , the same Motives that caused the first Act to be made in Anno 1640. would have moved the renewing thereof after the Pacification : and no doubt the King and Parliament Anno 1650. before Dumbar would have renewed the same for incouragement , in so dangerous a War , if it had not been commonly thought that the first Act stood unexpired . Murray contra The Earl of Southesk , and other Appryzers of the Estate of Powburn . Eodem die . JAmes Murray having Right to an Appryzing of the Estate of Sir Iames Keith of Powburn , led at the instance of Mr. Thomas Lundie , pursues thereupon for Mails and Duties . Compearance was made for the Earl of Southesk , and posterior Apprizers after Year and Day , who alleadged that by the Act of Parliament 1661. betwixt Debitor and Creditor . It is provided that the Lords of Session , at the desire of the Debitors , may ordain Appryzers to restrict their Possession to as much as will pay the Annualrent , the Debitor Ratifying their Possession , and now the Posterior Appryzers having Appryzed omne jus , that was in the Debitor , craved that the first Appryzer might Restrict himself to his Annualrent , and they preferred to the rest of the Duties . It was answered that this was a personal and peculiar priviledge in favours of the Debitor , that he might not unnecessarly be put from his Possession , and which he might make use of against all the Appryzers , if there were a superplus above the Annualrents , and it is upon condition that the Debitor Ratifie the Appryzers Possession , which is not competent to a posterior Appryzer , in whose favour this Clause was never meaned : But there is a special Clause for posterior Appryzers , being within year and day , to come in pari passu : neither can the posterior Appryzers have any interest , because the superplus will satisfie the first Appryzing pro tanto . The Lords found the foresaid priviledge peculiar to the Debitor ; but found that the first Appryzer , seing he excluded the rest , behoved to compt from this time as if he had Possessed the whole . The End of the first Part of the Decisions of the Lords of Session : AN INDEX Of the Pursuers and Defenders Names , for the usual and easier Citing of the Lords Decisions . ABercrombie contra Andersons , 15 Novemb. 1666 Lord Abercrombie con . Lord Newark , 17 Decemb. 1667 Achinleck con . Mccleud , 7 Feb. 1662 Achinleck con . L. Wedderburn , 16 Ianuary , 1663 Achinleck con . Williamson and Gillespie , 18 Decemb. 1667 K. Advocat con . Craw , 19 Feb. 1669 K. Advocat con . E. of Mortoun , 25 Feb. 1669 Agnew con . Tennents of Dronlaw . 30 Iune , 1669 Aikenhead con . Aikenhead , 25 Feb. 1663 Aikman con . 14 Iune , 1665 E. Airlie con . Mcintosh , 8 Iuly , 1664 Aitcheson con . La. Mccleud , 7 Feb. 1662 Aitoun con . Watt , 26 Iuly , 1662 L. Aitoun con . Iames Fairie , 29 Ianuary , 1668 Allan con . Paterson , 17 Iune , 1663 Allan con . Colliar , 25 Iune , 1664 Allan con . Fairie , 2 Iuly , 1667 Capt. Allan con . Parkman , 9 Iuly , 1668 Alexander con . L. Clackmannan . 9 Iuly , 1668 Alexander con . Lo. Saltoun , 20 Iune , 1671 Lo. Almond con . Dalmahoy , 25 Feb. 1668 Anderson and Elphingstoun con . Wachop , 22 Iuly , 1662 Anderson and Provon con . the Town of Edinburgh , 31 Ianuary , 1665 Anderson con . Cunninghame , 7 Decemb. 1665 Anderson con . Cunninghame , 9 Iune , 1666 Andrew con . Carss . 25 Novemb. 1668 E. Annandale con . Young and others , 24 Feb. 1669 Antrobus con . Anderson , 13 Iune , 1667 L. Aplegirth con . Lockerby , 14 Feb. 1671 Arbuthnet con . Fiddes , 25 Feb. 1662 Arbuthnet con . Keith , 23 Iune , 1666 Archbishop and Presbytery of St. Andrews contra George Pittillo , 6 Iuly , 1670 E. Argile con . Mcdowgals , 14 Iuly , 1665 E. Argile con . Campbel , 24 Ianuary , 1666 E. Argile con . Campbels , 25 Ianuary , 1666 E. Argile con . Campbel , 15 Ianuary , 1668 E. Argile con . Stirling , 9 Decemb. 1668 E. Argile con . Mcnaughtouns ▪ 15 Feb. 1671 E. Argile con . Vassals , 30 June , 1669 Armour con . Lands , 21. Feb. 1671 Arnold of Barncaple , con . Gordon of Holme , 23 Feb. 1671 Arnot con . Arnot , 11 Ianuary , 1665 E. Athole con . Scot ▪ 20 Decemb. 1664 E. Athole con . Robertson of Strowan , 19 Ianuary , 1669 BAilie con . Town of Inuerness , 11 Decemb. 1661 B●ilie con . Henderson , 1 Iuly , 1662 Bailie of Regallty of Killimuir con . Burgh of Killimuir , 14 Ianuary , 1668 Bailie con . Mr. William Bailie . 27 Iuly , 1671 Bain con . Bailies of Culross , 14 Feb. 1671 Bain con . L. Striechen , 24 Ianuary , 1663 Baird con . Magistrats of Elgin , 25 Ianuary , 1665 Baird con . Baird , 9 Ianuary . 1662 D. Balfour and his Spouse con . Wood , 8 Ianuary , 1670 L. Balfour con . Mr. William Douglas , 4 Iuly , 1671 Lady Ballagan con . Lo. Drumlanrig , 23 Iune , 1671 Balmano's Daughter con . 〈…〉 the Helr , 12 November , 1664 Lo. Balmerino con . the Town of Edinburgh , 25 November , 1662 Lo. Balmerino con . Creditors of Sir William Dick , 14 Iuly , 1664 Lo. Balmerino Supplicant , 7 Ianuary , 1669 Creditors of Balmerino , and Cowper Supplicant , 16 Feb. 1669 Lo. Balmerino con . Hamiltoun of Little-Prestoun , 22 Iune , 1671 Creditors of Balmerino con . Lady Cowper , 28 Iune , 1671 L. Balnagoun con . Dingwall , 30 Iuly , 1662 L. Balnagoun con . Mckenzie , 28 Ianuary , 1663 Lo. Balvaird con . the Creditors of Annandale , 21 Ianuary , 1662 Barclay con . L. Craigivar , 10 Ianuary , 1662 Barclay con . Barclay , 6 Iuly , 1669 Barclay con . Barclay , 20 Iuly , 1669 Barns con . L. Aplegirth , 1 Ianuary , 1662 Barns con . Young , 12 Decemb. 1665 Baxters of Edinburgh con . the Heretors of East-Lothian , 20 Feb. 1663 Baxters in Cannongate , 21 Novemb. 1665 Bead-men of the Magdalen Chappel , con . Drysdale , 30 Iune , 1671 Beatoun of Bandoch , con . Ogilvie of Mantoun , 13 Iuly . 1670 E. Bedford con . Lo. Balmerino , 18 Feb. 1662 E. Bedford con . L. Balmerino , 29 Novemb. 1661 Beg con . Nicolson , 14 Ianuary , 1663 Beg con . Beg , 4 Feb. 1665 Beg con . Be● , 5 Decemb. 1665 Beg con . Nicol , 22 Iune , 1666 Bells con . Wilkie , 12 Feb , 1662 Bell of Belford con . the Lady Rutherford , 27 Ianuary , 1669 Lairds of Beerfoord and Beanstoun , con . Lo. Kingstou● , 27 Ianuary , 1665 Mayor of Berwick con . L. of Haining , 1 Iuly , 1661 Major Bigger con . Cunninghame of D●nkeith , 15 Iuly , 1670 Binning con . Binning , 28 Ianuary , 1668 Birkinbeg con . Iohn Graham of Craigit , 20 Iuly , 1671 Birnie con . Henderson , 18 Ianuary , 1668 Birsbane con . Monteith , 24 Iuly , 1662 Birsh con . Dowglas , 18 Feb. 1663 B●shop of Isles con . Hamiltoun , 13 Decemb. 1664 Bishop of Dumblaine con . E. Cassils , 15 February , 1665 B●shop of Isles con . the Fishers of Greenock , 24 Novemb. 1665 Arch-Bishop of Glasgow con . Mr. Iames Logan , 6. Feb. 1666 Arch●-Bishop of Glasgow , con . Commissar of Glasgow , 14 Feb. 1666 Bishop of Glasgow con . Commissar of Glasgow , 22 Feb. 1666 Black con . Scot , 25 Iune , 1668 Black con . French , 9 Feb. 1669 Blaikwood con . Purves , 20 Novemb. 1666 Blair con . Anderson , 18 Feb. 1663 Blair of Balgillo con . Bl●ir of Denhead , 3 February , 1671 Blair of Balhead con . Blair of Denhead , 22 Iuly , 1671 Lo. Blan●yre con . Walkinsh●w , 2 Iuly , 1667 Blomart con . E. Roxburgh , 17 Decemb. 1664 Bones con . Barclay of Iohnstoun , 9 Iuly 1662 Bonnar con . Foulis , 7 Feb. 1662 Capt. Bood con . Strachan , 28 Novemb. 1667 Boog con . Davidson , 9 Iuly , 1668 Lo. Borthwick con . Mr. Mark Ker , 31 Ianuary , 1665 Borthwick con . Skeen , 14 Iuly , 1665 Borthwick con . Sk●en , 16 Feb. 1666 Lo ▪ Bor●hwick con . 21 Feb. 1666 Borthwick con . Lo. Borthwick , 14 Feb. 1668 Boswel con . Boswel , 22 Novemb. 1661 Boswel con . the Town of Kirkaldy , 22 Iuly , 1668 Boswel con . the Town of Kirkaldy , 1 Feb. 1669 Boswel con . Lindsey ; 3 Feb. 1669 Bow con . Campbel , 2 Iuly , 1669 Bowers con . Lady Cowper , 16 Iune , 1671 Boyd con . L. Nithrie , and L. of Edmondstoun . 13 Decemb . 1661 Boyd of Pinkill con : Tennents of Carsluth , 15 Feb. 1666 Boyd con . Kintore , 4 Iuly 1665 Boyd con . Lauder and Telziefer , 30 Novem. 1665 Boyds con . Boyd of Temple , 6 Ianuary , 1670 Iohn Boyd con . He●gh Sinclar , 17 Iune 1671 Boyl of Ke●h●rn con . Wilkie , 26 January , 1669 Lady Braid con . E. Kinghorn , 26 Ianuary , 1669 Bradie con . L. of Fairnie , Iune 21. 1665 Bradie con . L. Fairnie , 20 Ianuary , 1666 Bredy con . Bredy , 1 Iuly , 1662 Broady of Lethem , and L. of Rickartoun con . Lo. Kenmure , 1. Iuly , 1671 Brotherstons con . Ogil ●●d Orrocks , 26 Iuly , 1665 Broun con . L●ferenters of Rossie , 13 Feb. 1662 Broun con . Iohnstoun , 26 Feb. 1662 Broun con . La●sons , 25 Iune , 1664 Broun con . Scot , 9 Ianuary , 1666 Broun and D●ff con . ●issat , 18 Iuly , 1666 Broun con . Happiland , 29 Ianuary , 1668 Broun con . Iohnstoun , 1. Feb. 1669 Broun con . Sibbald , 12 Feb. 1669 Bruces con . E. Morto●n , 16 Iune , 1665 Bruce con . E. Mortoun , 28 N●vemb . 1665 Bruce con . L. and Lady Stenhops ▪ 20 Feb. 1669 Countess of Buccleugh con . E. Ta●ras 7. Fe● . 16●2 Duke of Duccleugh con . Parochiners of 22 Iune , 1671 Children of the E. of Buchan con . the Lady B●●han , 23 Feb. 1666 Buchan con . Taits . 11 Feb. 1669 Buchannan con . Osou●n , 24 Iuly 1661 Lady Burgie con . Tennents 18 Iuly , 1667 Lord Burly con . Sime 30 Ianuary , 1662 Lord Burly con . Sime , 25. Novem. 1662 Dame Rachel Burnet con . Leapers , 23 December 1665 Bu●net con . Iohnstoun 17 Iuly , 1666 Burnet con . Nasmith , 19 Iune , 1668 Burnet con . Swain , 30 June , 166● Ioachim Burn-master con . Captain Dishingto●n , 29 Iune , 1671 Lady Bute and her husband con . Sheriff of But● . 5 Ianuary , 16●● Butter con . Gray , 17 Feb. 16●5 con . Brand , 3 January , 1667 con . Edmistoun 6 January , 1665 con . Wilson , 2 Ianuary , 16●● con . John and Hary Rollocks , 1 Fe● . 1666 con . E. Kinghorn , 23 Ianuary , 1666 con . He●gh Mcculloch , 29 Feb. 1666 con . the Sheriff of Inverness 21 Feb. 1666 CAlderwood con . Schaw , 14 Novem. 1668 ● . Callender con . Monro , 20 Feb. 1662 Campbel con . Bryson , 10 Ianuary , 1664 Campbel con . Campbel , 22 Feb. 1665 Campbel con . Doctor Beatoun , 23 Novem. 1665 Campbel con . Dowgal , 14 Decem. 1667 Campbel con . L. Glenorchie , 25 July , 1668 Canham con . Adamsone , 25 June , 1664 Canham con . Adamsone , 7 Novem. 1666 Canna con . 10 Iuly , 1666 Mr. Walter Cant con . Loch , 27 Iune , 1665 L. Carberry con . Creditors , 30. Ianuary , 1663 Lady Carnagy con . Lo. Cranburn , 11 Ianuary , 1662 La. Carnagy con . Lo. Cranburn , 19 Feb. 1662 La. Carnagy con . Lo. Cranburn , 30 January , 1663 La. Carnagy con . Lo. Cranburn , 5 Feb. 1663 Countess of Carnwath con . the Earl , 27 Feb. 1667 Cass con . Mr. Iohn Wat. 18 Decem. 1666 Cass con . Sir Robert Cunninghame , 26 Ianuary , 1671 E. Cassils con . Agnew , 6 January , 1666 E. Cassils con . the Tennents of Dalmortoun , 11 Decemb . 1666 E. Cassils con . the Sheriff of Galloway , 10 Decemb. 1669 Countess of Cassils con . E. Cassils 22 Feb. 1670 Countess of Cassils con . the E. Roxburgh , 18 July , 1671 Cathcart con . Mccorquodel and Mirk ▪ 8 Feb. 1670 L. Cesnock con . Lo. Bargainy , 23 Decem. 1665 Chalmer con . Dalgarno , 27 Feb. 1662 Chalmer con . Lady Tinnel , 24 Novem. 1665 Chalmer con . Bassillie , 30 Iune , 1666 Chalmer and Gairns con . Colvils , 16 Novem. 1667 Chalmer con . Wood , 27 Feb. 1668 Chapman con . White , 18 Ianuary , 1667 Charters con . a Skipper , 13 Ianuary 1665 Char●rs con . Parochiners of Currie , 8 Ian. 1670 Charters con . Neilson , 29 Iuly , 1670 Cheap . con . Philip. 19 Decem. 1666 Cheap con . Philip , 5 Ianuary , 1667 Cheap con . the Magistrats of Falkland , 18 Iune , 1670 Chein con . Chri●●● 4 Iuly , 1667 Chei● ●on . Christy 30 Iune 1668 Chei● con . 〈◊〉 5 Decem. 16●5 Children of Mo●swal con . Laurie of Maxwel●●●n , 14 Feb. 1662 Children of VVolmet con . Mr. Mark●●● ▪ 19 Feb. 1662 Children of ●olmet con . Dowg●●s and Danke●●● , 20 Nevem . 1662 Chi●●●me con . Rennies , 6 Feb. 16●8 Chisolme con . Lady Brae , 26 January , 1669 Clappertoun con . L. of Ednem , 11 Decem. 1662 Clappertoun con . L. Torsonce , 20 January 1666 Cleland con . Stevinson , 5 Feb. 1669 Clerk con . Clerk 2 Decem. 1662 Lo. Justice Clerk , con . Rentoun of Lambertoun , 13 Feb. 16●7 Lo. Ju●●●ce Clerk con . the L. of Lambertoun , 23 November , 1667 L. Justice Clerk con . Home of Linthil , 28 Feb. 1668 L. Clarkintoun con . L. Corsbie . 3 Decemb. 1664 L. Clerkingtoun con . Stewart , 20. Iuly , 1664 La. Clerkingtoun con . the L. and the young Lady , 9 Ianuary , 1668 Cochran con . 22 Feb. 1668 Cockburn and Gilles●ie con . Stewart 18 Feb. 1669 M●n●ster of Cockburns-path con . Parochiners , 7 Feb. 1668 Colledge of St. Andrews Supplicant , 16 July , 1661 Old Colledge of Aberdeen con . the Town , 13 July , 1669 Colquhoun con . Creditors , 18 Ianuary , 1662 Colquhoun con . Watson , 15 Feb. 1668 Colquhoun and Mcnaire con . Stewart of Ba●scob , 1 Iuly , 1668 Colvil con . Executors of Colvil , 15 Iuly , 1664 Lady Colvil con . Lo. Colvil , 14 Decem , 1664 Colvil con . Lo. Balmerino , 6 Iuly , 1665 Lo. Colvil con . Town of Culross 27 Feb. 1666 Lo. Colvil con . the Feuars of Culross , 15 Decem , 1666 Commissars of St. Andrews con . the L. of Bussie , 4 Iuly , 1665 Captain Conningsbi● con . Captain Mastertoun , 7 Feb. 1668 Corstorphine con . Martines , 21 Decem. 1666 Couan con . Young and Reid , 9 Feb. 1669 Lo. Couper con . L. Pitsligo , 3 Iuly , 1662 Town of Couper con . Kinocher , 24 Iune , 1664 Lady Craig con . L. Lour , 7 Decem. 1664 La. Craigcasse con . Neilson , 12 Novem. 1664 Cranstoun con . Pringle , 13. Decem. 1665 Cranstoun con . Wilkieson , 10 Iuly , 1666 Cranstoun con . Wilkieson , 20 Feb. 1667 Crawfoord con . E. Murray , 8 Feb. 1662 Crawfoord con . Prestoun Grange , 15 Iuly , 1664 Crawfoord con . Auchinleck , 17 Ianuary 1666 Crawfoord con . Duncan , 7 Iune , 1666 Crawfoord con . the Town of Edinburgh , 31 Iuly , 1666 E. Crawfoord con . Rigg , 21 July , 1669 Crawfoord con . Anderson , 24 Iuly , 1669 Crawfoord con . Halliburton 20 Iune , 1671 Cred●tors of Kinglassi● , 26 and 27 Feb. 1662 Creditors of Iames Masson , 30 Novem. 1665 Creditors of Andrew Bryson , 14 Novem. 1662 Creditors of the Lady Couper and Balme●ino con . Lady Couper , 25 Novem. 1669 Crichton and her spouse con . Maxwel of Kirk-house , 27 Ianuary 1666 Daughters of Crichton of Crawfoordstoun con . Broun of Eglistoun , 22 Ianuary 1669 Cruckshank con . Cruckshank , 16 Iune , 1665 L. Culteraus con : Chanman , 16 Novem. 1667 Cumming con : Lumsden , 4 Iuly , 1667 Cunninghame con : Dalmahoy , 1 Feb ▪ 1662 Cunninghame con . the Duke of Hamiltoun , 5 Decem. 1665 Cunninghame con : Lyel , 1 Feb , 166● Cunninghame con : L. Robertland , 4 Iuly , 166● DAes con . K●le 19 Iuly , 1667 Dallas con . Frazer of ●nnerallochie , 31 Ianuary , 1665 Dalmahoy con : Hamiltoun , 6 Decem. 16●● Min●ster of Dal●ymple con . E. Cassills , 27 June , 166● Deanes con . Bothwel , 5 Feb. 16●● Dennistoun con : S●mple of Falwood , 16 Iuly . 1669 Mr. David Dewer con : Paterson , 26 〈◊〉 . 1667 Dick con : Sir Andr●w Dick , 13 Ianuary 16●● Dick con . Ker , 26 ●une 1668 Dukie con : Mon●gamery , 14 Ianuary , 1662 Mr. Robert Dick●on con : Mr. Ma●k K●r , 21 Iuly , 1665 Dickson con : ●●me , 16 Novem : 1665 Mr. Robert Dickson con . James Graham , 19 Ianuary , 1671 Executors of the E. of Di●ltoun con : the Duke of Hamiltoun and others , 18 Iuly 1667 Dobie con : Lady Stoniehill , 18 Decem. 1667 Dobie con : Lady Stoniehill , 28 January , 1668 Dodds con : Scot 16 Feb. 1671 Donaldson con : Harower , 3 Iuly 1668 Dove con . Campbel , 4 Ianuary , 1668 Do●glas con : 22 Novem. 166● Dowglas con : Lindsey , 2 Decem. 1662 Dowglas con : L. Wadderburn . 19 July , 16●4 Dame Elizabeth Dowgla● and Lockermacus , her ●u●band con : L. Wedderburn , 24 Feb. 166● Dowglas con : Cowan , 29 July , 1665 Mr. James Dowglas con : 〈◊〉 28 Jun● , 166● Dowglas Lady Wam●rey con . the L. Wam●●●y 22 J●●●ary , 1668 Dowglas of Lumsden con : Dowglas . 22 June , 1670 Dowglas of K●●head con : his Vessals and others , 30 January , 1671 Do●ni● con : Young , 17 Novem : 1666 Lo. Drums●ies con : Smart , 18 July , 1668 L●dy Drum con . L ▪ Drum. 13 Feb : 1666 Drummond con . Skeen , 19 June , 1662 D●ummo●d con . Campbel , 5 July , 1662 Drummond con . Starling of Airdoch , 23 Ian , 1669 D●ummond of Rickartoun con . Feuars of Botkennel , 17 Ianuary , 1671 Dun con . Duns , 25 Feb. 1666 Dumbar of Hemprig con . Lo. Frazer , 18 Feb , 1663 Dumb●r of Hemprig con . Lo : Frazer , 11 Iuly , 1664 Dumbar con . E : Dundee , 5 Iuly , 1665 Dumbar con . Lo : Dussus , 14 Iune , 1666 Sir David Dumbar o● Baldoon con . Dick and others , 22 Feb. 1671 Sir David Dumbar of Baldoon con . Sir Robert Maxwel , 14 Iuly , 1671 Duncan con . Town of Arbroth , 17 Novemb , 1668 Dundas con . the Lairds of Ardrosse and Touch , 18 Feb. 1671 Merchants in Dundee con . Sp●uce an Englishman , 3 Novemb. 1666 Countess of Dundee con . Straitoun , 24 Feb. 1669 L. of Durit con . R●lict and Daughters of umquhil D●rie his Brother , 6 Feb. 1666 Durie con . Gibson , 28 Feb : 1667 ECcles con . Eccles , 7 Decemb. 1664 Edgar con . Edgar , 17 Ianuary , 1665 Edgar con . Colvils 2 Decemb. 1665 Town of Edinburgh con . L. Le●s and Veitch , 8 July , 1664 Town of Edinburgh con . Sir William Thomson , 6 June , 1665 Edmistoun con . Edmistoun , 4 Iune , 1662 E. Eglintoun con . L. Cunningham-head , 27 Ianuary , 1676 E. Eglintoun con . L : Cunningham-head , 23 June , 1666 Elies con . Ke●th , 15 Decemb. 1665 Eleis con . Cass●e , 24 Ianuary 1666 Eleis con . Wishart and Keith , 27 Feb. 1667 Eleis con . Keith , 16 Iuly , 1667 Mr. Iohn Eleis con . Inglistoun , 23 Iuly , 1669 Eleis of South-side con . Carss , 28 Iune 1670 M●nister of Elgin con . Parochiners . 30 Iune , 1670 Elphingstoun con . Murray , 4 Feb. 1662 Elphingstoun of Selmes con . Lo. Rollo and Niddrie , 1 Feb. 1665 Lo. Elphingstoun con . L. of Quarrel , 19 Feb. 1669 E. Errol con . the Parochiners of Urie , 16 Ianuary , 1663 E. Errol con . Hay of Crimonmagat , 23 Feb. 1667 Executors of Fairlie con . Parochiners of Leswaid , 5. Iuly , 1662 FAirfowls con . Binning , 4 Ianuary , 1666 Fairholme con . Bisset , 18 Ianuary , 1662 Fai●ie con . Inglis , Iune 23 , and 24 ▪ 1669 Executor of Fairlie con . Parochiners of 1662 Fairl●e con . Creditors of Sir William Dick , 14 December , 1666 Falconer con . Dowgall , 24 Iune , 1664 Falconer con . E. Kinghorn , 3 Feb. 1665 Mr. David Falconer con . Sir Iames Keith , 14 Iuly , 1668 Farquhar con . Lyon , 3 Decemb. 1661 Farquhar con . Magistrats of Elgin , 2 Iuly , 1669 Ferguson con . Ferguson , 23 Iune , 1663 Ferguson con . Gairdner , 25 Iune , 1664 Ferguson con . Stewart of Ashcock , 1665 Ferguson con . Parochiners of Kingarth , 1 Feb. 1671 Fiddes con . Iack ▪ 19 Iuly , 1662 Findlason con . Lo. Cowper , 22 Ianuary , 1666 Findlay con . E. Northesk , 25 Iune , 1670 Procurator-Fiscal of the Commissariot of Edinburgh con . Thomas Fairholme , 23 June , 1665 Fleming con . Forrester , 17 Iuly , 1661 Fleming con . her Children , 26 Iuly , and 19 , 20. of November , 1661 Fleming con . Fleming , 13 Feb. 1663 Fleming con . Gilles , 18 Iune , 1663 Fleming con . Fleming , 16 Novemb. 1664 Fleming con . Fleming ▪ 3 Iuly , 1666 Sir Iohn Fletcher Suppl●cant , 3 Feb. 1665 Forbes con . Innes , 8 Ianuary , 1668 Forbes con . Innes 20 Feb. 1668 Forbes of Watertoun con . Ch●in , 28 Iune , 1671 Forsyth con . Patoun , 17 Feb. 1663 Mr. Alexander Foulis and the Lo. of Collingtoun , con . Tennents and the Lady Collingtoun , 9 Feb. 1667 Fountain and Brown con . Maxwell , 14 Iuly , 1666 Lo. Frazer con . the La●rd of Philorth , 18 and 23 Iuly , 1662 Frazer con . Frazer , 11 Feb. 1663 Frazer con . Frazer , 3 Iuly , 1668 Sir Alexander Frazer con . Keith , 16 Decemb. 1668 Fullertoun con . Viscount of Kingstoun , 8 Ianuary , 1663 GAirdner con . Colvill , 10 Iuly , 1669 Gairns con . Arthur , 19 Decemb. 1667 Gairns con . Sandilands , 12 Iuly , 1671 Galbraith con . Colq●houn , 12 Novemb. 1664 R●●●ct of Galriggs con . Wallac● of Galriggs , 19 Iune , 1668 Sir Iohn Gibson con . Oswald , 13 Iune , 1668 L. Gight con . Birkinbeg , 12 Decemb. 1661 Town of Glasgow con . Town of Dambarton , 6 Feb. 1666 Glass con . Hadden , 10 Iuly , 1669 Glen con . Home , 19 Feb. 1667 L. Glencorss younger con . his Brother and Sisters , 10 Ian●●ry , 1668 Glendinning con . E. Nithsdale , 22 January , 1662 Goldsmiths of Edinburgh , con . Haliburtoun , 10 December , 1664 Goodla● con . Nairn , 8 Decemb. 1668 Gordon of Lesmore con . Leith , 10 June , 1663 Gordon con . Frazer , 3 July , 1663 Sir Lodovick Gordon con . Sir John Keith , 31 July , 1666 Gordon con . Sir Alexander Mc●●lloch , 17 Feb. 1671 Gordon con . Sir Alexander Mc●ulloch , 22 Feb. 1671 Gordon con . L. of Drumm , 22 June , 1671 Grahame con . Ross , 24 January , 1663 Grahame con . Ross , 5 Feb. 1663 Grahame of Hiltoun con . the Heretors of Clackmannan , 13 July , 1664 Grahame con . Browns , 7 January , 1665 Grahame con . Bruce and Martine , 7 Feb. 1665 Grahame and Jack con . Brian , 3 January , 1666 Grahame con . Towris , 26 Feb. 1668 Grahame con . L. Stainbyres , 26 Feb. 1670 Grant con . Grant , 15 January , 1662 Grant con . Grant , 24 Feb. 1666 Grant con . Grant , 11 January , 1668 Gray con . Dalgarno , 7 Feb. 1662 Gray con . Oswald , 28 June , 1662 Creditors of the Lo. Gray con . the Lo. Gray , 27 Feb. 1666 Gray con . Forbes , 15 June , 1667 Gray con . Howison and Gray , 24 June , 1668 Gray con . Ke● , 23 July , 1669 La. Greenhead con . Lo. Lour , 10 Feb. 1665 Greenlaw con . ●5 Ianuary , 1663 Greggs con . Weems , 30 Iune , 1670 Greirson con . Mcilroy , 13 Feb. 1668 L. Grubbet con . More , 2 Iuly , 1669 Guin con . Mcke●● , 19 Iuly , 1665 Guthrie con . L. Sornbeg , 18 Novemb. 1664 Guthrie con . L. Mckers●oun , 25 July , 1671 HAdden and Lawder con . Sherswood , 13 June , 1668 Hadden con . Campbel , 25 January , 1670 Hadden con . L. Glenegies , 28 July , 1671 Halliburton con . E. Roxburgh , 25 June , 1663 Halliburton con . Porteous , 23 Novemb. 1664 Lady Halliburton con . Creditors of Halliburton , 27 July , 1670 Merchants of Hamburgh con . Capt. Dishingtoun , 24 Feb. 1668 Duke Hamilton con . Scots , 24 Iune , 1664 Duke Hamilton con . L. Clackmannan , 14 Decemb. 1665 Duke Hamilton con . Duke Bucleugh , 24 June , 1666 Duke Hamilton con . L. of Allardyce , 6 Decemb. 166● Duke Hamilton con . Maxwel of Mureith , 29 Feb. 1668 Duke Hamilton con . Fewars of the Kings Property , 14 Iuly , 1669 Duke Hamilton con . Blackwood , 14 and 28 Iuly , 1669 Hamilton con . Rowan , 13 Decemb. 1661 Hamilton con . Mcferling , 28 Feb. 1662 Hamilton con . Hamilton , 21 Feb. 1663 Hamilton con . Mitchel and Keith , 18 Iune , 1663 Hamilton con . Esdale , 9 Iuly , 1663 Hamilton con . Tennents , 27 July , 1665 Hamilton con . Duke Hamilton and Bishop of Edinburgh , 21 Iuly , 1666 Hamilton con . 2 Ianuary , 1667 Hamilton con . Symontoun , 16 July , 1667 Hamilton con . Lo. Belhaven , 14 Decemb. 1667 Hamilton con . Hamilton , 7 Iuly , 1668 Hamilton con . Bain , 15 Ianuary , 1669 Hamilton con . Harper , 16 Feb. 1669 Hamilton con . Hamilton a●d the Viscount of Frendraught , 22 Iune , 1669 Lady Lucia Hamilton con . Lairds of Dunlop , Pitcon , and Creditors of Hay of Mountcastle , 15 Jan. 1670 Lady Lucia Hamilton con . L. of Pitcon and others , 8 Iuly , 1670 Lady Lucia Hamilton con . Boyd of Pitcon , 15 Iuly ; 1670 Executors of Walter Hamilton con . Executors of Andrew Reid , 20 July , 1670 L. Haining con . the Town of Selkirk . ● 15 Feb. 1668 Harlay con . Hume , 18 Iuly , 1671 Harper con . Hume , 14 Ianuary , 1662 Harper con . Hamilton , 29 Iuly , 1662 Harper con . Vassals , 25 Iuly 1666 Harrowar con . Haitly , 13 Iune , 1667 Hay con . Hume 24 Iune , 1662 Hay con . Seaton , 28 Iune , 1662 Hay con . M●rison , 17 Feb. 1663 Hay con . Corstorphin , 19 Iune , 1663 Hay con . Nicolson , 16 Iuly , 1663 Hay con . Collector of the vacand Stipends , 17 Iune , 1664 Hay con . Mag●strats of Elgin , 23 Novemb. 1664 Hay con Little● Iohn , 16 Feb. 1666 Hay con . Mag●strats of Elgin , 12 Iune , 1666 Hay con . Magistrats of Elgin , 5 Iuly , 1666 Hay con . Dowglas , 10 Iuly , 1666 Hay con . Little-Iohn , 14 Decemb. 1666 Hay of Strouie con . Fe●ars , 22 Iune , 1667 Hay con . Drummond and Hepburn , 26 Novemb. 1667 Hay con . Town of Peebles , 20 Ianuary , 1669 Hay con . Town of Peebles , 19 Feb. 1669 Doctor Hay con . Iameson , 8 Iune , 1670 Hay con . Magistrats of Elgin , 18 Iune , 1670 Henrison con . L. Ludwharne , 22 Decemb. 1666 Henryson con . L. Ludwharne , 4 Ianuary , 1667 Henryson con . Henryson , 31 Ianuary , 1667 Henryson con . Henryson , 14 Novemb. 1667 Henryson con . Birn●e , 27 Feb. 1663 Henryson con . Anderson , 18 Novemb. 1669 Hepburn con . Hamiltoun 12 Decemb. 1661 Hepburn con . Hepburn , 22 Ianuary , 1662 Hepburn con . Hepburn , 25 Feb. 1663 Hepburn con . Nisoet , 16 Feb. 1665 Heretors of Don con . Town of Aberdeen , 26 Ianuary 1665 Heretors of the Milne of Keithick con . Fewars , 29 June , 1665 Heretors of Don con . Town of Aberdeen , 29 Iuly , 1665 Heretors of Johns-milne con . Fewars , 9 Feb. 1666 Heriots con . Fleming Messenger , and his Cautioners , 19 Ianuary , 1666 Heriot con . ● Town of Edinburgh , 25 June , 1668 Hill con . Maxwel , 5 Feb. 1663 Hill con . Maxwells , 5 Decemb. 1665 Hogg con . Hogg , 2 Ianuary , 1667 Hogg and others con . Countess of Hume , 3 July , 1667 Hogg con . Countess of Hume , 10 Decemb. 1667 Hogg con . Countess of Hume , 10 Decemb. 1667 Humes con . Bonnar , 14 Decemb. 1661 Hume con . Pringle , 3 January , 1662 Hume con . 10 June , 1665 Hume con . the Tennents of Kello and Home , 13 June , 1666 1666 E. of Hume con . Wodsetters 5 Iuly , 1666 Dame Margaret Hume con . Crawsoord of Kerse , 10 July , 1666 Hume con . Creditors of K●llo , and Hume , 12 Decemb. 1666 Hume con . Tennents of Kello and Hume , 24 Ianuary . 1667 Countess of Hume con . Tennents of Alcambus and Hogg , 5 Feb. 1667 Hume con . Creditors of Kello , 28 Iune , 1667 Hume and others con . Hume , 6 July , 1667 Hume con . Tennents of Kello , 23 July , 1667 Hume con . Seaton of Meinzles , 13 Ianuary , 1669 Hume con . E. Hume , 14 Iuly , 1670 Hume con . Sco● , 7 Feb. 1671 Hume con . Lo. Just●ce Clerk , 28 June , 1671 Hume con . Lo. Justice Clerk , 4 July , 1671 ● Hume con . L. Ryslaw , 18 Iuly , 1671 Hospital of Glasgow con . Campbel , 19 July , 1664 Howison con . Cockburn , 17 Novemb. 166● H●nter con . Wilsons , 13 Decemb. 1667 H●nter con . Creditors of Iohn Peter , 11 June , 1670 Marquess of Hun●ly con . Gordon of Lesmore , 22 〈◊〉 1665 Hutcheson con . E. Cassals , 3 Decemb. 1664 Hutcheson con . Dickson , 6 Ianuary , 1665 JAck con . Fiddes , 24 Iuly , 1661 Iack con . Pollock and Rutherfoord , 23 Feb. 1665 Jack con . Movat , 13 Iune , 1666 Iack con . Iack , 15 Iuly , 1669 Jack con . Borthwick , 2 Feb. 1670 Jaffray con . Iaffray , 4 Decemb. 1669 Jameson con . Mcclied , 3 Decemb. 1661 Ierdin of Applegirth , con . Iohnstoun of Lokerbie , 24 Feb. 1670 Inglis con . Hogg , 22 Decemb. 1664 Inglis con . L. Bal●our , 25 Iune 1668 Innes con . Wilson , 4 July , 1665 Innes con . Innes , 5 January , 16●0 Johnstoun con . Applegirth , 7 Feb. 1662 Johnstoun of Sheenes , con . Broun , 14 Iuly , 1665 Iohnstoun con . Mcgreegers , 19 Iuly , 1665 Iohnstoun con . Tennents of Achincorse , 22 Iuly , 1665 Iohnstoun con . Iohnstoun 21 Feb. 1667 Johnstoun con . Cunningham , 19 June , 1667 Johnstoun con . Sir Charles Erskine , 6 Feb. 1668 Johnstoun con . Paro●hioners of Hodonie , 18 Iuly , 1668 Iohnstoun of Sheenes con . Ar●old , 22 Iuly , 1668 Johnstoun con . Sir Charles Erskine Lord Lyon , 19 January , 1669 Irwing con . Mccartney , 30 January , 1662 Irwing con . Strachan , 24 Iune , 1665 Iurgan con . Capt. Logan , 23 Iuly , 1667 Iustice con . Stirling , 23 Ianuary , 1668 Lo. Justice Clerk , and Sir Alexander his Son con . E. Hume , 15 Iune , 1670 Lo. Iustice Clerk con . Fairholme , 23 Feb. 1671 K Sir Iohn K●●th con . Sir George Johnstoun , 28 July , 1671 Kello con . P●xtoun , 3 July , 1662 Kello con . Pringle , 31 January , 1665 Kello con . Kennier , 5 January , 1671 Kennedy con . Hutcheson , 8 July , 1664 Kennedy con . Weir , 23 Feb. 166● Kennedy con . Agnew of Lochnaw , 27 Iuly 166● Kennedy and Mu●e con . Jaffray , 24 June , 1669 Kennedy con . Kennedy , of Cullen , 8 Iuly , 1670 Kennedy con . Cunninghame and Wallace , 12 July , 1670 Ker con . Paroch●oners of Carriden , 26 July , 1661 Ker con . Ker of Fairni●lie , and others , 9 July , 1662 Ker con . Hunter and Tennents of Cambo , 8 F●b . 1666 Ker con . Children of Wolmet , 25 Feb. 1667 Ker con . Ker , 18 July , 1667 Ker con . Ker , 5 Feb. 1668 Ker of Cavers and Scot of Golden-berrit Supplicants 6 January , 1670 Ker con . Downie , 7 January , 1670 Ker con . Nicolson , 28 January , 1671 Kidd con . Dickson , 29 June , 1666 L. Kilbirnie con . Hei●s of Tailzle of Kilbirnie , and Schaw of Greenock , 20 January , 1669 Lady Kilbocho con . the L. of Kilbocho 20 Decemb. 166● Kilchattans Cred●tors con . Lady 16 January , 1663 Kincaid con . L. Fenzies , 26 Feb. 1662 E. Kincairn con . L Rossyth , 24 Feb. 1669 E. Kincairn con . L. Pittar● , 3 Feb. 1670 King's Advocat con . E Mortoun , 25 Feb. 1669 E. Kinghorn con . L. Udney , 3 Iuly , 1666 E. Kinghorn con . L. Udney , 15 January , 1668 Viscount of Kingstoun con . Collonel Fullertoun , 22 Feb. 166● Kinross con . L. Hunthil , 10 Decemb. 1661 Kinross con . L. Hunthil , 25 July , 1662 Kintore con . Boyd , 27 Ianuary , 1665 Kintore con . the Heir of Logan of Coa●field 9 July , 1669 Kirkaldy con . Balkanquell 9 July , 1663 Kirktouns con . L. Hunthill , 12 Feb. 1662 Kirktouns con . L. Hunthill , 31 January , 1665 L. Knaperin con . Sir Robert Farquhar , 9 Novemb. 1665 Kyle con . Seaton , 28 Iune , 1665 L. Lambertoun con . E. Levin , 24 Iuly , 1661 L. Lambertoun con . E. Levin , 3 and 11 dayes of Iuly , 1662 L. Lambertoun con . Hume of Kaimes , 9 Iuly , 1662 L. Lamingtoun con . Chie●ly , 29 January , 1662 L●nglands con . Spence of Blair , 17 Iune , 1670 Langtoun con . Scot , 17 Decemb. 1670 E. Lauderda●e con . the Tennents of Swintoun , 7 January , 1662 E. Lauderdale con . Wolmet , 13 Iuly , 1664 E. Lauderdale con . the Viscount of Oxenfoord , 11 ▪ Feb. 1665 E : Lauderdale con . Viscount of Oxenfoord , last Feb. 1666 E. Lauderdale and Wachop , con . Major Biggar , 7 Decemb. 1667 Laurie con . Sir Iohn Drummond , 18 Feb. 1670 Laurie con . Gibson , 4 Feb. 1671 Laurie con . Sir Iohn Drummond , 7 Feb , 1671 Leckie con . 20 Feb. 1663 L●ith con . L. Lismore , and others , 14 Iuly , 1666 Lennox of Wood●head con . Nairn , 24 Iune , 1662 Lennox con . Linton , 5 Feb. 1663 Lermont con . Russel , 9 ▪ Decemb. 1664 Lermont con . E. of Lauderdale , 12 Iuly , 1671 Leslie con . Gray , 10 Ianuary , 1665 Sir. Iohn Leslie con . Sinclar of Dun , 22 Decemb. 1665 Leslie con . Cuningname , 28 Iuly , 1669 Leslie con . Guthri● , 19 Feb. 1670 Leslies con . Iaffray , 22 Iune , 1671 Letter from the K●ng , 14 Iune , 1665 Lo. Leye con . Porteous , 15 Feb. 1666 Lindsey and Swinton con . Ingles , 5 July , 1670 Lindsey of Mount con . Maxwel of Kirkonnel , 20 Iuly , 1671 Town of Linlithgow con . Town of Borrowsto●nness , 30 Ianuary , 1663 Town of Linlithgow con . Town of Borrowstounness , 13 Feb. 1663 Litle con . E. of Neidsdaile , 20 Ianuary , 1665 Litle-Iohn con . Dutchess of Monmouth , 20 Feb. 1667 Litster con . Aitoun , 2 Iuly , 1667 Livingstoun con . the Heir of Forrester , 22 Iuly , 1664 Livingstoun con . Sornbeg , 23 Novemb. 1664 Livingstoun con . Beg , 6 Feb. 1666 Livingstoun con . Lady Glenegies , 13 Iuly , 1666 Livingstoun con . Burns , 15 Iune , 1670 Lochs con . Hamiltoun , 18 Novemb. 1664 Lockhart con . Kennedie , 13 Feb. 1662 Lockhart con . Lo : Bargenie , 22 Feb. 1666 Logans con . Galbreath , 26 Ianuary , 1665 Logi● con . Logie 11 Decemb. 1662 Lo : Lour con . E. Dundee , 6 Feb. 1663 Lo : Lour con . La. Craig , 22 Iuly , 1664 Lo. Lour con . 20 Ianuary , 1665 Lo. Lovat con . Lo. Mcdonald , 16 Iune , 1671 Loyson con . the L. Ludwharn , 15 June , 1669 L. Ludwharn con . L. Gight , 21 July , 1665 Heirs of Lundie con . E. Southesk , 12 July , 1671 Lyon of Murresk con . L. of Ersk , 17 June , 1664 Lyon of Murresk con . Farquhar , 10 Decemb. 1664 Lyon of Murresk con . Heretors of the Shire , 7 Feb. 1665 Lyon of Murresk con . Gordons , and others , 15 Feb. 1666 MAgistrats of con . the E. Finlatour , 24 Ianuary , 1666 Mair con . Stewart , 22 January , 1667 Maitland con . Leslie , 27 Feb. 1668 Maitland of Pitrichie con . L. of Gight , 15 Decemb. 1669 E. Marischal con . Bra● , 18 June , 1662 E. Marischal con . Leith of ●hit●haugh , 14 Iuly , 1669 Masson con . 27 Iune , 1666 Creditors of Masson con . Lo. Torphichan , 19 Ianuary , 1669 Mastertoun con . strangers of Ostend , 24 Feb. 1668 Mathieson con . Gib , 14 Iuly , 1665 Maxwel con . Maxwel , 13 Feb. 1662 Lady Diana Maxvel con . Lo. Burlie and others , 15 Feb. 1667 Maxvel con . Maxvel , 15 Novemb. 166● Maxvel con . Maxvel , 11 Iuly , 167● Maxvel con . Maxvel 21 Iuly , 1671 L. May con . Ross , 23 Feb. 1667 M●alexander con . Dalrymple , 9 June , 1668 Mcbrair con . Sir Robert Crei●hton 20 Feb. 1666 Mcclaud con . Young and Girvan , 20 Decemb. 1665 Mcclellan con . the Lady Kircudburgh , 13 Feb. 1669 Mccrae con . Lo. Mcdonald , 6 July , 1671 M c ulloch con . Craig , 2 Dec●mb . 1665 Mcdougal con . L : Glenorchie , 24 Iune , 1663 Mcgill con : Ruthven , 22 Novemb. 1664 Mcgill con : V●scount of Oxenfoord , 17 Feb : 1671 Mcgreeger con : Menzies , 24 Feb : 1665 Mcintosh con : Robertson , 26 Iuly , 1662 Mckenzie con : Ross , 18 Feb : 1663 S●r George Mckenzie con : Fairholme , 7 Decemb : 1666 Sir George Mckenzie con : Mr , Iohn Fairholme , 25 July , 1667 S●r George Mckenzie con : L. of Newhal , 30 July , 1668 Sir George Mck●nzie con . Mr : Iohn Fairho●me , 14 Feb. 1668 Mackenzie con . Rober●son , 23 Decemb , 1668 Mckenzie con . Ross , 14 Ianuary , 1669 Mckie con . Stewart , 5 July , 1665 Mcmorland con . Melvil , 28 Iune , 1666 Mcpherson con . M●cleud , 29 Iune , 1666 Mcpherson con : Wedderburn , 14 Ianuary , 1668 Mcqueen con : Marquess of Dowglas , and Peirson , 26 Ianuary , 1670 Lo : Melvil con . the Laird of Fairnie , 4 Feb , 1662 Menzies con . L. Drum , 25 January , 1665 Menzies con : L. Glenorchie , 24 June , 1663 Mercer of Aldie con ▪ Rouan , 24 Feb : 1665 Merstoun con . Hunter , 9 Ianuary , 1663 Mille● con . Howison , 5 June , 1666 Mille● con . Watson , 21 Iuly , 1666 Miller con . Bothwel , 22 Iuly , 1671 Milne con : Hume , 7 Iuly , 1664 Milne con . Clerkson , 21 Feb : 1667 Lady Mil●toun con . L. Milntoun , 26 Iuly , 1662 L. Milntoun con : Lady Milntoun , 4 Ianuary , 1666 L. Milntoun con . Lady Milntoun , 27 Feb. 1663 L. Milnto●n con . Lady Milntoun , 25 Feb. 1667 L. Milntoun co● . Lady Milntoun , 26 Feb : 1668 L. Milntoun con . Lady Milntoun , 30 July , 1668 L. Milntoun con . Lady Milntoun , 31 Ianuary , 1671 L. Milntoun con . Lady Milntoun , 14 Iuly , 1671 Minister of north Leith con . Merchants of Edinburgh 10 Feb : 1666 M●nister of con . the L. Elphinstoun 16 Iune , 1666 Mitchel con . Hutcheson , 24 Iuly , 1661 Dame G●ils Moncrief con . Tennents of Newtoun and Yeoman , 9 Feb : 1667 Moncrief of Tippermalloch con . Magistrats of Pearth , 26 Iuly , 1670 Children of Mouswal con . Laurie of Maxwaltoun , 14 Feb. 1662 Lady Mo●swal con . 15 Feb. 1662 Montei●h con . Anderson , 28 Iune , 1665 Monteith con . Anderson , 15 Decemb. 1665 Monteith con . L. Glorat , 7 Dec●mb . 1666 Monteith of Carrubber con : Boyd , 2 Decemb. 1669 Montgomerie con . Lo. Kirkudbright , 20 Decemb , 1661 Montgomerie con . Peter , 19 July , 1662 Montgomerie con . Montgomerie , 22 Iuly , 1662 Montgomerie con . Brown , 28 January , 1663 Montgomerie con . Hume , 22 Iuly , 1664 Collonel Montgomerie con : Wallace and Bowie , ●4 I●ne , 1665 Collonel Montgomerie and his Spouse , con . Stewart ▪ 24 and 27 Ianuary , 1666 Coll. Montgomerie con : the Heirs of H●lliburton , 17 Feb. 1663 Montgomerie con . Rankine , 23 Novemb. 1667 Moffat con . Bl●●k , 24 Iune , 1664 Morison's Rel●ct con . the Heir , 12 Feb. 1663 Daugh●ers of Mr. Iames Mortoun Supplic●nt , 26 Novemb . 1668 Parson of Morum con . the L●s . of Be●rfoord and Beinstoun , 6 July , 1666 Sir George Mouat con . D●mbar of Hemprig , 22 Feb. 1665 Mow con . Dutche●s o● Buccleugh , 7 July , 1663 L. Muchrum con . L. Mercoun , and others 20 Decemb. 1662 Muir con . Frazer , 27 July , 1665 Muir con . Sterling , 19 Feb. 1663 Muirhead con . 27 July , 1664 E. Murray con . L. G●ant , 9 January , 1662 Sir Robert Murray , con . 8 Feb. 1662 Murray con . 17 June , 1665 Murray con . Executors of Doctor Guild , 16 Iune , 166● E. Murray con . Hume , 2 Ianuary , 1667 Creditors of Sir Iames Murray con . Murray , 1 Feb. 1667 Murray of O●htertyre con . Sir Iohn Drummond ▪ 22 Feb , 1670 Murray of Ochtertyre con . Gray , 16 Decemb , 1670 Murray con . Murray , 12 Iuly , 1671 Murray con . E. Southesk and others , 28 July , 1671 Mushet con . Duke and Dutchess of Buccleugh , 28 Ianuary , 1668 NAper con . Gordon of Grainge , 12 Feb ▪ 1670 Naper con . E. Eglintoun , 14 Feb. 1671 Nasmyth con . Iaffray , con : 25 Iuly , 1662 Nasmyth con . Bowar , 1 Iuly , 1665 Neilson con . Meinzies of Enoch , 21 Iune , 1671 Lo. Newbyth con . Magist●ats of Elgin ▪ 17 Feb : 1665 Lo. Newbyth con . Dumbar of Burgie , 18 Decem , 1666 Newman con . Tennents of Hill and Mr. Iohn Preston , 8 Ianuary , 1669 Nicol con . Hope , 8 Ianuary , 1663 Nicolson con . rewar● of Tillicutrie , 14 Ianuary , 1662 Nicolson con . L. Bughtie and Babirnie 14 Novemb. 1662 Sir Thomas Nic●lson con . L : Philorth , 18 Decemb , 1667 Nisbet con . Lest● ▪ 8 Iuly , 1664 Nisbet con . Murray , 23 Novemb. 1664 Nisbet con . 5 June 1666 E. N●rthesk con . Viscount of Stormond , 28 Feb. 1671 Norvel con . Sunter , 20 Decemb. 1664 Norvel con . Sunter , 29 Iune , 1665 OGilvie con . Stewart , 11 Decemb ▪ 1662 Ogilvie con . Grant , 7 Iuly , 1664 Ogilvi● con . 21 Feb. 1666 Ogilvie con . Lo. Gray , 17 Iuly , 1666 Oliphant con . Dowglas ; 3 Feb : 1663 Sir Lauerance Oliphant con . Sir Iohn Drummond . 6 and 9 Ianuary , 1666 Oliphant con . Hamilton , 2 Ianuary , 1667 Lady Otter con . L. Otter , 8 Ianuary , 1663 Lady Otter con . the Laird , 16 Feb ▪ 1666 PAllat con . Fairholme , 7 F●b . 1665 E. Panmuire con . Parochioners , 7 Feb. 1666 Papla con . Magistrats of Edinburgh , 31 Ianuary , 1668 Pargillies con . Pargillies , 26 Feb. 1669 Park con . Somervail , 12 Novemb. 1668 Parkman con . Allan , 14 Feb. 1668 Parkman con . Allan , 21 Feb , 1668 Parochioners of Port Supplicants , 4 Decemb. 1665 Paterson con . Watson , 17 Decemb. 1664 Paterson con . Pringle , 4 Feb : 1665 Paterson con . Humes , 17 Decemb. 1667 Patoun ●nd Mercers con Patoun , 23 June , 1666 Relict of Patoun con . the Relict of Archbald Patou● 7 Iuly , 1668 Patoun con . Patoun , 21 Iuly , 1668 ●e●cock con . Baillie , 3 Iuly , 1662 Peirson con . Martine , 12 Decemb. 1665 Peirson of Balmadies con . the Town of Montross , 29 Iune , 1669 Town of Peart● con . Weavers at the B●idg-end of Pearth , 21 July , 1669 The Weavers of Pearth , con . the Weavers at the B●idge-end of Pearth , 4 Decemb. 1669 Paterson con . Anderson , 30 Iune , 1668 Petrie con . Paul , 20 July , 1664 Petrie con . Mi●chelson , 25 Novemb , 1665 Philip con : Cheap , 26 July , 1667 L. Philor●h con . Lo. Frazer , 4 Feb. 1663 L. Philor●h con . Fo●bes and Lo. Frazer , 16 Decemb. 1664 L. Philorth con . Lo. Frazer , 28 Iune , 1666 Ex●cutors of the Lady P●●toun con . Hay of Bal●ousie , 2 Feb. 1667 Pitcairn con . Edgar , 28 Iune , 1665 Pitcairn con . Tennen●s , 22 Feb. 1671 L. Pitfoddel con : L. Glenkindie , ●5 Feb , 1662 Creditors of Pollock con : Pollock , 21 ●anuary , 1669 L. Pol●●aes con . Tradesmen of Sti●ling , 7 July , 1671 L. Polwart con : Humes , 21 Ianuary , 1662 L. Palma●s con . L : Halliburton , 16 January , 1667 Pot con . Pollock , 12 Feb. 1669 Po●tie con . Dycks , 2 Feb : 1667 L. Prestoun con . Allurid , 24 Iune , 1664 Sir George Prestoun con . Scot 27 July , 1667 Primross con . Din ▪ 22 Novemb. 1662 Pringle con . Ker ▪ 17 Feb. 1665 Pringle and her Spou●e con . Pringle , 29 Novemb. 1667 Pringle con . Pringle , 1 Feb ▪ 1671 RA● con . Tennents of Clackmannan . 27 Iuly , 1665 Ra● con . Tennents of Clackmannan , 28 July 1665 ▪ Raith of Edmonstoun con ▪ L. Niddrie , 4 Iuly , 1661 Raith and Wachop con . L : Wolme● and Major Biggar , 13 Iuly , 1670 Ramsey con . E : Wintoun , 24 January , 1662 Ramsey con . M●clelland , 24 Ianuary , 1662 Ramsey con . M●clelland , 11 Feb : 1662 Ramsey con . Hogg and Seaton , 22 Decemb. 1664 Ramsey con . Wilson and others , 12 Decemb. 1665 Ramsey con : Ker , 9 Feb. 1667 Ramsey con . Henderson , 20 Iannuary , 1671 Rei● con . Harper , 19 June , 1663 Reid con . Melvil , 20 Decemb. 1664 Reid con . Reid . 10 January , 1665 Reid con ▪ So●mond , 16 Ianuary , 1667 Reid con . 19 Jan●ary , 1667 Renton con . Mr. Mark Ker , 10 and 24 Ianuary ▪ 1662 Lo. Renton con . Fewars of Coldinghame , 20 Ianuary ▪ 1666 L● . Renton con . L : Lambertoun , 23 Feb , 1667 Lo. Renton con . L. Lambertoun , 21 July , 1668 Reoch con : Cowan , 26 Feb. 1668 Ri●kart con . 30 January , 1663 Riddel con . 13 F●b . 1663 Ex●cu●ors of Ridpath con . Hu●● , 27 J●ly , 1669 Owners of the Sh●p call●d the Castle of Riga , con . Cap●ain Seaton , 27 July , 1667 Owner● of the Ship c●lled the Castle of Riga , con . Capta●n Seaton . 25 Feb. 1668 Robertson con . Buchannan , 1 Feb. 1663 Lo. Rollo con . his Chamberlain . 13 Dec●mb : 1664 Ross con . Campbel of Calder , 3 Ianua●y , 1662 E : Rothes con : the Tutors of Buccleugh , 20 Decemb. 1661 SLo. Saltoun con . Lairds of Park and Rothomay , 20 Feb. 1666 Sandilands con . Sandilands , 25 January , 1671 Sauer con . Ruther●oord , 25 Novemb. 1662 Schaw con . Lewis , 19 January , 1665 Schaw con . Tennents , 4 July ▪ 1667 Schaw con . Calderwood ▪ 21 January , 1668 Scot con . Montgomery , 14 January , 1663 Scot con . E. Home , 19 Feb. 1663 Scot con . Lady Fewaltoun , 19 Iuly ▪ 1664 Scot of Bread-Meadows con . Sco● of T●irlston , 20 Iuly , 1664 Scot ▪ con . L. Beerfoord , 23 Novemb. 1664 Scot con . Henderson and Wilson , 8 Decemb. 1664 Scot con . ●letcher , 27 Ianuary , 1665 Scot of Thirlstone con . Scot of Broad-meadows , 11 Feb. 1665 Scot con . Silvertoun-hill , 14 Iuly , 1665 Scot con . Somervail , 28 Iuly , 1665 Scot con . Boswel of Achinleck , 22 Novemb , 1665 Scot con . Heirs of Lyne of Achinleck , 5 Iuly , 1666 Scot con . Sir Robert Montgomerie , 12 Iuly , 1666 Scot con . Gib . 29 Ianuary , 1667 Scot con . Scot , 14 Iuly , 1667 Scot of Clerkingtoun con . the Lady , 21 Feb. 1668 Scot con . A●ton , 11 Decemb. 1668 Scot con . L●ngtoun , 19 Iune , 1669 Scot of Hartwoodmyres con . 6 Novemb. 1669 Scot con . Murray , 8 Ianuary , 1670 Scot con . Chei●ly and Thomson , 9 Feb. 1670 Scot of Thirlston con . Lo. Drumlen●ig , 15 Iune 1670 Scot con . L. Drumlen●ig , 10 Iune , 1671 Scot of Hassenden , con . Dutchess of Buccleugh , 21 Iuly , 1671 Scrimz●our con . Murrays , 24 ▪ Iune , 1663 Scrymzeour con . Murrays , 19 Iuly , 1664 Scrymzeour con . Wedderburn , of Kingenie , 19 Iuly , 1671 Seaton con . Roswel , 4 Ianuary , 1662 Seaton and L. Touch con . Dundas , 11 Ianuary , 1666 Seaton con . L. Bawhillie , 22 Novemb. 1667 Seaton con . Seaton 19 , Decemb. 1668 Seaton con . Seaton , 22 Decemb. 1668 Sharp of Houstoun con . Glen , 16 Feb. 1666 Sharp con . Gl●n , 14 Iuly , 1666 Shed con . G●rdon and Kyle , 24 Iuly , 1662 Shed con . Chartres , 13 Ianuary , 1665 Relict of Mr. Pat. Shiel con . Paroch●oners of West-Calder , 26 Ianuary , 1670 Shein con . Chrystie , 15 Novemb. 1666 Simes con : Brown , 5 Ianuary , 166● Sir Robert Sinclar con . the La●rd of Wedderburn , 21 Feb , 1666 Sinclar of Brym Supp●lcant , 12 Iune 1666 Sir Robert Sin●lar con . the L , of Houstoun , 15 Iune , 1666 Sir Robert Sinclar con . Couper , 2 Iuly , 1667 Skene con . Lumsden , 4 Feb. 1662 Skene con . Lumsden , 19 Iuly , 1662 Skene con . Lumsden , 9 Ianuary , 1663 Skene and Thoires con . Sir Andrew Ramsey , 14 Novemb . 1665 Relict of Skin● con . the E. Roxburgh , 19 Feb. 1669 Slivanan con . Wood of Grange , 13 Feb. 1662 Smeton con . Crawfoord 3 Ianuary , 1667 Smeton con . Talbert , 7 Feb. 1667 Smith and Duncan con . Robertson , 7 Decemb. 1665 Smith con . Muire , 23 Decemb. 1668 E. Southesk con . Broomhal , 12 Feb. 1663 E. Southesk con . Marquess of Huntly , 23 Iuly , 1666 E. Southesk con . Marquess of Huntly , 31 July , 1666 E , Suthesk con . L. of Earles●al , 27 Feb. 1667 D●ughters of Sautray con . the eldest Daughter , 13 July , 1670 Spruel con . Miller , 21 July , 1665 Steel con . Hay of R●tra , 6 June , 1671 Stewart con . Fewars of Aberl●dnoch , 8 January , 1662 Stewart con . Nasm●th , 6 Decemb. 1662 Stewart con . Spruel 21 January , 1663 Stewart con . Bogle , 30 January , 1663 Stewart con . Stewart , 25 June , 1663 St●wart con . Stewarts , 18 January , 1665 Stewart con . Aitcheson , 17 January , 1668 Stewart con . L. Rossyth , 21 January , 1668 Stewart con . Fewars of E●nock , 24 June , 1668 Sir William Stewart con . Murrayes , 17 July , 1668 Stewart of Gairntillie con . Stewart , 24 June , 1669 Sir William Stewart con . Sir George M●ckenzie , and Kettlestoun , 8 July , 1671 St●vin con . Boyd , 30 June , 1666 Stevin con . Boyd , 9 July , 1667 Stevins con . Neilson , 11 July , 1671 Stevinson con . Ker , 28 January , 1663 Stevinson con . Crawfoord , 30 June , 1665 Executors of Stevinson con . Crawfoord , 12 J●●uary , 1666 Stevinson con . the L. of Hermiesheels , 15 June , 1666 Stevinson con . Dobbie , 30 June , 1666 Sterling con . Campbel , 21 Feb. 1663 Sterling con . Hariot , 27 January , 1669 Vi●count of Stormount con . the Cred●tors of Annandale , 26 Feb. 1662 Strachan con . Morison , 17 January , 1668 Strachan con . Morison , 22 Feb. 1668 Strachan con . Gordons , 7 July , 1671 Straitoun con . the Countess of Hume 10 Decemb. 1667 Street con . Home and Bruntsfield , 9 June , 1669 Street con . Masson , 27 July , 1669 Swintoun con . 18 July , 1662 L●dy Swintoun con . the Town of Edinburgh , 19 Feb 1663 Swintoun con : Notman , 10 June , 1665 Swintoun con . Brown , 18 Decemb. 1668 Sword con . Sword , 16 January , 1663 E. Sutherland con . M●intosh , 22 July ▪ 1664 E. Sutherland con . Gordon , 1 Decemb. 1664 E. Sutherland con . the Earls of Er●ol and Marischal 3. January , 1667 TLa. Tarsapie con . L , Tarsapi● , 20 Decemb. 1662 Collector General of the Taxation con . D●rector of the Chancellarle , &c. 22 January , 1669 Collector General of the Taxa●ion con . Mr. and Servants of the Mint●house , 22 January , 1669 Taylor con . Kintie , 15 June , 1666 Telzi●fer con . Maxtoun and Cunninghame , 29 June , 1661 Telziefer con . Maxtoun and Cunningham , 4 Iuly , 1661 Tailziefer con . L. So●nbeg , 6 Decemb. 1661 Tailziefer con . Geddes , 11 Novemb. 1665 Lo. Thesaurer and Advocat , con . Lo. Colvil , 20 ●●b . 1667 Thomson con . Mckittrick , 3 July , 1662 Thomson con . Reid , 15 June ▪ 1664 Thomson con . Town of Edinburgh , 14 Feb. 1665 Thomson con . Henderson , 4 Decemb : 1665 Thomson con . Binning , 10 July , 1666 Thomson con . Mckittrick , 21 Iuly , 1666 Thomson con . Stevenson , 19 and 13 Decemb. 1666 Thomson con . E. Glencairn , 21 July , 1668 T●orntoun con . Milne , 29 June ▪ 1665 Tipertie con . his Cred●tors , 3 January , 1662 Lo. Torphichan con 8 Feb , 1662 Tosh con . Cruckshank , 16 July , 1666 La. Towi● con . Barclay , 9 Novemb. 1669 La. Towie con . Barclay , 26 January , 1670 Trench con . Watson , 18 Feb. 1669 Exe●utors of Trott●r con . Trotter , 20 Novemb. 1667 Lairds of Tullialland and Condie , con . Crawfoord , 16 and 17 June , 1664 E. Tullibardin con . Murray of Ochtertyre , 12 Feb. 1667 Tweedies con . Tweedies , 22 Dec●mb . 1666 URqu●art con . Blair , 14 July , 1665 Urquhart con . 〈◊〉 4 Decemb. 1666 Sir. John urquhart Supplicant 7 Decemb. 1669 V Collector of the Vacand Stipends con . Parochi●ners of Maybol , 10 Feb. 1666 Veitch con . Lyell , 18 Ianuary , 1662 Veitch con : Paterson , 2 Decemb. 1664 Veitch of Daick con . Williamson , 9 Decemb. 1664 Veitch con . D●ncan , 7 Decemb. 1665 Vernor con : Allan . 24 June , 1662 WAchop con . L. Niddrie , 15 Iuly , 1662 Wallace con . Fork , 19 June , 1662 Wall●●e con . Edgar , 22 Ianuary , 1663 Wallace con . Mckerrel , 9 Ianuary , 1669 Wardlaw con . Gray , 20 Novemb. 1662 Wardlaw con . Frazer , 21 Feb. 1663 Wat con . Russel , 16 Novemb. 1665 Wat con . Halliburton , 14 Iune , 1667 Wat con . Campbel , 8 Feb. 1671 VVatson con . Elies , 27 June 1662 Watson con . Fleiming , 6 Feb. 1666 Watson con . Fewres of Duckennan , 21 Iune , 1667 Watson con . Law , 12 Iuly , 1667 Watson con . Sympson , 1 Feb. 1670 L. Wedderburn con . VVardlaw , 13 Feb. 1666 Wedderlies Children , 24 January , 1663 Weems con . Cunninghame , 24 Iuly , 1662 Weems con . Lo. Torphichan , 25 Iuly , 1661 Sir Iohn Weems con . the Laird of Tolquhon , 8 Feb. 1668 Sir Iohn Weems con . Wil. Campbel of Ednample , 21 Iuly ▪ 1668 Sir Iohn Weems con . Forbes , of Tolquhon , 2 Ianuary 1669 Sir Iohn Weems con . Farquhar of Tauley , 23 January , 1669 Whyte con . Crocket , 4 Decemb. 1661 Whyte con . Hume , 25 Novemb. 1665 Whyte con . Brown , 30 Novemb. 16●5 Whytehead con . Straitoun , 16 Novemb. 1667 Wilkit con . Ker , 24 Iune , 1662 Will con . Town of Kirkaldie , 11 Feb. 1671 Wilson con . Thomson , 26 June , 1662 Wilson con . Murray , 27 Iune , 1662 Wilson con . Hume of Linthil , 2 Decemb. 1664 Wilson and Callender , con . 12 January , 1665 Wilson con . Magistrats of Queens●errie , 2 Ianua●y 1668 Winraham con . La. Idingtoun , 19 Iuly , 1665 Winrham con . Elies , 15 Decemb. 1668 E ▪ Wintoun con . the Countess of Wintoun , 16 Feb. 1666 E. Wintoun con . Gordon of Letter-●errie , 15 July , 1668 Wishart con . Arthur , 4 Feb. 1671 La. Wolmet and Dankeith , con . Major Bigg●r , 24 January , 1668 La. Wolmet and Dankeith con . Major Bigga● , 14 Iune , 1671 Wood con . Neilson , 13 Iuly , 1669 Wright con . Sheil , 16 Iune , 1665 YEoma● con . Oliphant , 29 Iuly , 1662 Yeoman con . Oliphant , 22 Ianuary , 1663 Yeoman con . Oliphant , 21 Decemb. 166● Yeoman con . Oliphant , 5 Ianuary , 166● Young●r con . Johnstoun , 30 Iune , 1665 Younger con . Iohnstoun , 28 Novemb. 1665 FINIS . ERRATA . SEveral Errors has escaped the Press in the Authors absence , and the rest being but Literal Faults , the Judicious and Candid Reader ▪ will easily correct them . PAge 53. l. 9. Osburn r. Osburns nam . p. 57. l. 12. acratus r. lucratus . p. 43. earister r. thereafter , p. 64. l. 20. on by , there r. Town , p. 71. l. 21. instructions of offence , r. instrument of offer , p. 72. l. 31. Defender , r. Pursuer , l. 34 , grant . r. granter , p. 81. l. 6. if ▪ r. yet , p. 91. l. ult , Suspender r. Charger , p. 92. or . by . r. to p. 98 l. 23. to r. by , p. 100. l. 14. and r. he . p. 101. l. 15. the second Annualrent dele , p. 105. l. 11. initiable r. ●mitable , p. 107. l. 21. defender r. pursuer , p. 108. l. 21. Laws r. Lands , p. 110. l. 36. pursuer r. suspender , p. 112. l. ● . in r. no , p. 114. l. 23. actorialis , r. actio r●alis , l. 24 . ● valued r. val●d , p. 116. l. 18. differred r. decerned , p. 118. l. 27. and 28. And dispone the Tenement , de●e , l. 40. debitor . r. debate , p. 120. l. 41. lands r. bonds , p. 122. l. 4. deposition r. depositation , p. 152. being r. and therefore writs being , p. 126. l. 33. ●nstruct , r. in●ert , p. 128. l. 11. therefore , r. the pursuer p. 140 ▪ l. 1. though r. the , p. 141. l. 20. would r. could no● , l. ult . was r. was not , p. 142. l. 19. have been vincus , r. not have been unicus , l. 20. b● r. exchanging , p. 146. l. 20. observed , r. reserved , p. 150. l. 23. first , r. fifth , p. 160. l. 16. the r. by ▪ l. pen i● he , r. who , p. 162. l. 17. needful r. wilful , p. 166. l ▪ 2. bl r. ●ight searz , p. 180. l. 22. defuncti maritis , r. defunctae matris , p. 181. l. 31. no dele , p. 188. l. 40. inmoveable dele , 191. l. 25. a sufficient , r. this , p. 194. l. 19. bl . r. incumbent , l. 28. heretor r. heretable , p. 195. l. 19. transaction , r. translation , l. 21. heir r. her son , l. 36. confi●mation , r. confinio , p. 196. l. 37. their r. her , p. 200. l. ●4 ▪ bl : r. knew , p. 202. l. 25. past , r. past f●ra , was , l. 42. which r. 4th ▪ p. 219. l. 17. could , r. would not ▪ 220. l. 15. He●r r. He●r of line , p. 231. l. 9. power r. so near , p. 236. l. 18. answered dele , p. 251. l. 42. Pursuer r. Children , p. 252. l. 7. Children r. Pursuer , l. 42. to dele , p. 253. l. 39. were r. neither , l. 40. seem r. some , p. 269. l. 35. likeas in his office , r. in his office likeas , p. 281. l. 14. minister r. master , p. 292. l. 42. reduced r. deduced , l. 43. others r. and , p. 309. l. 3. with r. which . 480. l. 10. emmitted r. ommitted , p. 483. l. 29. without consent r. with consent , p. 490. l. 10. he did not sell r. he did sell , p. 493. l ▪ 8. peculium r. periculum , p. 497. l. 47 ▪ yet whether . r. yet where the ▪ p. 498. l. 30. 29. ad r. 30. act , p. 518. l. 42● so Richard r. to Richard , p. 533. l. 28. loadned r. abandoned , p. 546 ▪ uses to be preferred , Adde the Strangers Infeftment . p , 567. l ▪ 30. and jus , r. as jus , p. 569. l. 22. Heretable r. Moveable : p. 570. l. 4. the Husband therein , r. the Husbands interest therein , p. 590. l. 32. Ardoch , r. him , p. 593. l. 38. granted to r. granted by , p. 610. l , 7. no Testament , r. a Testament , ibid. did exhau●t , r. did not exhaust , p. 627. l. 26 : nothing r. any thing . p. 659. l. 30. by invalidat , r. to invalidate , p. 657. l. 36. are not comprehended r ▪ are comprehended , p. 665. l. 27. exclude r. excluded , p. 666. l. 41. and in r. and not , p. 679. l. 21 , they could be , r. they could not be , p. 725. l. 2. another r. a Mother ▪ last Index , p. 2. l. 49. fragrant r. fragrant ▪ A LIST Of the Heads of the following Index , or Alphabetical Compend . ACT of Indemn●ty . Act of Parliament , Act Salvo Jure , Adjudger , Adjudication , Adm●ral , Advocat , Adulter●e , Alibi , Aliment , Ann , Annexation , Annuiti● , Annus deliberandi , Annuelrent , Appryzing , Arb●ter , Arrestment , Assignat●o● , Attester . BAillie , Ba●rn , Band , Barron , Base Infeftment , Bastardie , Behaving as Heir , Bills of Exchange , Blank , Bloodwi●e , Bona fides , Burgh , Burgh Royal. CApt●on , Casus ●ortuitus , Cause onerous , Cau●●oner , Cedent , Certification , Charge , Chyrog●aphum , &c. Circumvention , Citation , Clause , Clause of Conquest , Clause Irritant , Cl●●se of Substitution , Clause de non alienando , Coal , Cogn●tion , Colledge , Command , Commissar , Commssion , Commodatum , Common Pasturage , Comm●nt●e , Compensation , Competent and ommitted , Compt , Compt Book , Conclusion of the Cause , Confession , Confirmation , Con●usion , Conjunct●ee , Conque●● , Con●ent , Consignat●o● , Continuation , Contract , Con●rary Alleadgances , Contravention , Creditor , Cropt , Cruves , Curators , Custodie . DAmnage , Date , Death , Deathbed , Debitor no● presumitur donar● , Debitum fundi , Declarator , Declarator of Esc●ea● , Declarator of Non-entr●e , Declarator of Nullity , Declarator of Property , De●reet , Decreet Arbitral , Decreets of ●nferior Courts , De●reets of Session , Decreets of Parl●ament , Delivery , Depositation , Designa●ion , Devastation , Dil●gence , Discharge , Disposition , Division , Donat●on , Donat●on betwixt Man and Wife , Donator , Double poynding , In Dubiis , &c ▪ EJection , Erection , Escheat , Ex●cutors , Executor Creditor , Execution , Exception , Exhibition , Exhibition ad deliberandu● , Extract . FAther , Feu , Feu-dut●e , Forfaulture , Fraud , Fraught , Fru●ts . G●neral Let●e●● , G●ft , HEirs , Heir Male , Heir subst●tute , He●r apparent , He●rs ●n Tacks , Heirship moveable , Her●table , Holden as confest , Holograph , Homologation , Horning , Husband , Hypotheca●ion ▪ IGnorantia ju●is , &c. Improbation , Incident , Pro ●ndiviso , Infeftment , Inhibition , Interdiction , Interruption , Intimation , Introm●ssion , Jus Mariti , Jus superveniens , &c. Jus tertii . K The K●ngs Palace , Knowledge . LAw , Legacy , Licence to pursue , Litiscontestation , Locus penitentiae , Lords , Lucrative Successor , Life , Lyferenter , Lyferent E●chea● , Lyon Herauld . MAgistrats , Manda● , Mails and Duties , Maintinance , Marriage , Mel●oration , Merchant , Metus Causa , Miln , Minister , Minor non tenetur placitare , &c. M●nor , Minor●tie and Le●●on , Minute , Missive Letter , Mother , Moveable ▪ NEarest of Kin , Non-entrie , Noviter veniens ad notitiam . OAth , Oath of Calumn●e , Oath ●x officio , Oath in 〈◊〉 , Oath qualified , Obligation , Offer , Office , Overseer . PArt and pertinent , Parties having Interest , Paricide , Passing from , &c. Payment , Pension , Perr●l , Personal , Possession , Possessor bonae fid●● , Possessorie Judgement , Poynding , Precept , Premunition , Prescription , Presumption , Priviledge , Probation , Process , Promise , Protutor , Prize Ships , Pupil . RAt●habition , Recogn●tion , Redempt●on , Reduction , Regal●t●e , Relief , Rel●ct , Remov●ng , Renunciation , Reparation , Rep●obat●re , Requ●sition , Retour , Reversion , Right Real . SAlmond-fishing , Sat●s●action , Seasine , Service , Servitude , Simulation , Singular Successor , Slander , Special Declarator , Spui●zie , Stipend , Stollen goods , Submission , Substitution , Successor Lucrative ▪ Summonds , Superior , Superiority , Suspensions . TAcit Relocat●on , Tack , Taxation , Teinds , Tenor , Terce , Term of payment , Testament , Thir●age , Tocher , Trads-men , Tran●action , Transferrence , Trust , Tutor , Tutor nominat , Tutor dative . ULtimus Haeres . Use of Payment , Userie . VIcarage , Violent profites , V●t●ation , V●tious Introm●ssion . WArd , Wak●●ng , Warn●ng , Warrand●ce , Wi●e , W●tnesses , W●tnes ex officio , W●tnesses insert , Wodsetter , Wodset , Writ . INDEX : OR , An Alphabetical Compend of the first Part of the Decisions of the Lords of Session , beginning in June 1661. and ending in July 1671. ACT OF INDEMNITY , found to liberate a Souldier , ●cting with a party of Souldiers in Arms , under any Authority , lawful or pretended , and that his Warrand or Command was thence presumed , unless it were proven by his Oath that he had no Warrand , and converted the Goods to his own private use , Iune 25. 1664. Ferquharson contra Gardner . The same found , February 15. 1666. Lyon of Mur●ask contra Gordouns and others : But here the application was ●ound probable by Witnesses . Act of Indemnity ●ound to secure a Person intrometting by order of the Comittee of Estates for the time , in so far as he compted to them , without necessity to show his Commission , or the Warrand of the Auditors that compted with him , but not found sufficient to free him from what he had omitted , though the said Accompt bear , That he had made Faith , that he had omitted nothing , Which was only accounted an Oath of Credulity , like that of Executors , February 13. 1667. Lord Iustice Clerk contra Laird of Lambertoun . Act of Indemnity , ●ound to make Intromettors with publick Money , lyable only for their Intromissions , and not for omission , though by their Commission they were bound to do Diligence , February 23. 1667. inter ●osdem . Act of Indemnity , found not to make Collectors lyable for what they intrometted with , and compted not for , not being applyed to their own use , but carried away by Souldiers , for the use of the Army , without necessity to instruct the Souldiers or Collectors Warrand , which was presumed , I●ly 28. 1668. inter ●osdem . ACT OF PARLIAMENT , Relating a former Act , and not conform thereto , ●ound not thereby to alter the former Act , but to be Regulat thereby , Ianuary 20. 1665. The Heretors upon Don Water contra the Town of Ab●rdene . An Act of Parliament anent leaving the mid-stream free in Cr●ives , found to be taken away by De●uetude past memory , Iuly 29 ▪ 1665. Inter eosdem . The like of the Act 1555. cap. 29. Iuly 5. 1666. The Earl of Hume contra his Creditors . Act of Parliament in favours of private parties , not Printed , assigning them to some bygone Maintainance , found not effectual against singular Successors , though not excepted in the Act , they not being called thereto , Iune 25. 1668. Inglis contra Laird of ●alfour . Act of Parliament betwixt Debitor and Creditor , found not to extend to Bonds for Rents of Lands , though exceeding 1000. pounds , but that personal Execution might be thereon , December 6. 1661. Dalmahoy contra Ham●●toun of ●innie . The said Act found to Restrict a Wodset , though the Usurpers Act , and all such Acts made , or to be made , were Res●inded , Ianuary 29. 1661. Laird of Lamingtoun contra Sir Iohn Ch●isty . The Security required by the said Act for Principal and Annualrent accumulat , found either to be by Cautioners , or Infe●tment of Land , Iuly 7. 1664. Miln contra Hume of Eccles. THE ACT SALVO IVRE being excluded in a Ratification to a particular Party , and that Exclusion not being repeated in the Act Salvo , The Lords were unwilling to decide , whether such Exclusion should be sufficient , but ordained the Parties in the first place , to Dispute their Rights , without consideration of that Clause , Feb●uary 11. 1665. Earl of Lauderda●l contra Viscount of Oxenfoord . AN ADJUDGER ordained to be Received , without instructing his Debitors Right , who Renunced to be Heir , Salvo jure superioris & cujus●bet , February 9. 1667. Ramsay contra K●r . AD●UDICATION being on a Disposition , and obligement to Infe●t , and not upon a liquid sum , the Superiour was not found obliged to receive the Adjudger , unless he instructed the Disponers Right , Iune 24. 1663. Medowgal contra Laird of 〈◊〉 . Adjudication being pursued by a Creditor on a personal Debt , was not excluded by a Back-bond of the Defuncts Debitors , bearing his Infeftment to be on Trust , to the behove of a third Party , whose Creditors compeared against the Adjudger , yet was not put to Dispute his Debitors Right till a●ter the Adjudication , he might use Exhibition of his Evidents : but the Adjudication was granted with the burden of the Back-bond . November 23. 1663. Livingstoun and Sornbeg contra Lord Forrester and Creditors of Grange . Adjudication was Excluded as to the Property , in favours of a Party , shewing the De●unct to be Denuded , and himself Infeft , but was Sustained to Adjudge any Right of Reversion , Clause irritant , or Provision in favours of the Defunct Debitor , Iu●y 22. 1664. Inter ●osdem . Adjudication was Sustained against a second appearand Heir upon a Decreet cognitionis causa , upon the Renunciation of a former Heir , without a new Charge against the Heir , or his Renunciation : The Defender declaring that the Lands should be Redeemable within ten years , if the Pursuer Entered within these years , Ianuary 17. 1666. Crawford contra Auchinleck . Adjudication was found not to be stopped upon a better Right than the De●uncts , alleadged upon by a Party compearing , but the Pursuer was suffered to Adjudge upon his peri● , November 15. 1666. Chein contra Christie . ADMIRAL , or the Iudge of the high Court of Admirality , does Reduce the Decreets of inferiour Admirals . or their Deputs , February 24. 1668. Captain Mastertoun contra Strangers of Ostend . The Lord Admiral being out of the Countrey , found not necessary to be called in the Reduction of a Decreet of Admirality , where the Iudge pronuncer of the Decreet was Called , Inter ●osdem . ADVOCAT was found obliged to Depone concerning the having of his Clients Writs , February 1. 1666. contra Rallo . An Advocat being in his Duty , hindering a Suspension to pass , being threatned by a Party , who said he would make him repent what he had said if he were in another place , and calling him Liar and Knave , the Lords imprisoned the Party , and Fined him in 500. merks , Iuly 14. 1668. Mr. David F●lco●er contra Sir Iames Keith . ADVLTERY was found not to infer Escheat , unless the Adulterer were Convict Criminally , or Denunced as Fugitive , though he had confessed , and stood in Sackcloath a year , Ian●ary 9. 1662. Baird contra Baird . ALIBI was found not receivable for proving a false dat● to annul the whole Write , where the Witnesses insert proved the 〈◊〉 of the Subscription , though of a● Erroneous date , February 23. 1667. Laird of May contra Ross. ALIMENT was found due by the Heir to his Brothers and Sisters , their Mother being dead , and they left without any Provision , Ianuary 24. 1663. Children of Wedderly contra Laird of Wedderly , R●o absente . Aliment was found due by an Heir-male , to Heirs of Line , to whom he was obliged to pay such a sum when they were M●rriageable without mention of Annualrent or Aliment , here the Heir-male s●cceeded to a considerable Estate , November 8. 1663. Lady Otter contra Laird of Otter . Aliment was found due by an Heir-male to an Heir-●emale of a second Marriage , till her age of fourteen , from which time , her Portion bear Annualrent , and bea● no mention of Aliment till then , her Mother being dead , and having no way to subsist , without consuming the Stock of her Portion , February 11. 1663. Frazer contra Frazer . Aliment was found due by an Heir-male , to Heirs of Line , till their Marriage , and not till the Term of payment of their Portions only , seing the same bear no Annualrent , r●o abs●●te , November 12. 1664. Daughters of Balmerino contra Lord Balmerino . Aliment of a Child was found not due where the Child was freely intertained by the Mothers Father , who demanded nothing during the time of the Intertainment , and was holden as freely g●f●ed for all years before the pursuit , Iuly 21. 1665. Laird of Ludquhairn contra Laird of Geight ▪ Vide Mother . Aliment was found due upon a Bond of Provision , granted by a Father to his Daughter , obliging him to Intertain her till the Term of payment of her Portion , which bear no Annualrent , and that not only till the Term of payment , but thereafter till her Marriage , and even for years in which her Mothers Brother Alimented her Gratis , after her Fathers Death , but for no time of his Life , seing she le●t her Fathers House , upon pretence of her Step-mothers severity , Ianuary 21. 16●8 . Steuart contra Laird of Rossesyth . Al●ment of a Daughter by her Mother , Married , was ●ound due , the Daughter being appearand Heir to her Father , whose whole Lands the Mother Liferented , though the Daughter Renunced to be Heir , Iuly 16. 1667. Ha●iltoun contra Symontoun . Aliment was not found due to an appearand Heir , who was Major , and keeped a Brewary , by a Liferenter , whose Liferent was very mean , and intertained one of his Children , Ianuary 27. 1669. Stirling contra Heriot . ANN was found to be the whole year wherein the Defunct dyed , if he dyed before Michalmas , and if he dyed after Michalmas , and before Ianuary , to be the whole year in which he dyed , and the half of the next year ; but if he reached Ianuary , dying in February , he hath that whole year , Iuly 5. 1662. Executors of Fairly contra his Parochioners . An● of a Minister having a Wife and no Bairns , was found to divide equally betwixt his Wife and nearest of Kin , Iune 24. 1663. and Iuly 19. 1664. Scrymzour contra● Executors of Murray . Ann of a Minister dying after Michalmas , and before Mar●●nmas , was ●ound to extend to that years Stipend , and the hal● of the next , Iuly 19. 1664. Inter ●osdem . ANNEXED PROPERTY of the Crown was found not validly dissolved , unless the dissolution had preceeded the Gift and Infeftment , and had proceeded upon weighty Reasons , by a special Act , and not by a Clause i● a Ratification of the Gift , February 25. 1669. Kings Advocat contra Earl of Mortoun and Viscount Grandi●ound absent . ANNVITY of Teinds included being in question , it was recommended to the Parties to settle , but the Lords inclined to Liberat the Teinds , Ianuary 10. 1662. Laird of Rentoun contra Ker. ANNVS DELIBERAND I , was found to exclude Reductions and Declarators against appearand Heirs , not requiring a Charge to Enter Heir , in respect the appearand Heir must therein except upon the Defuncts Rights , and so behave as Heir , Iune 27 ▪ 1667. Dewar contra Paterson ▪ Annus deliberandi , Excludeth Citations , given within that year , here the day of compearance was within the year ▪ Ibidem . ANNVALRENT was not found due for sums of Money without paction , albeit the Money was lent with this provision , that failing Heirs of the Creditors body , who was very old , the Debitor should succeed , December 11. 1662. Logi● contra Logi● . Annualrent was found due after Horning , albeit the Decreet being Sus●ended , a part of it was taken away , yet Annual was found due for the rest , Ianuary 30. 1663. Rigg of Carberry contra his Creditors . Annualrent was allowed without paction for a Port●on , left by Legacy to the Defuncts natural Daughter , the time of payment of which Legacy was her Marriage , which being in her power , The Lords would give no occasion to hasten the same , but allowed Annualrent in the mean time , Iune 25. 1664. Inglis contra Inglis . Annualrent was not found due by a Father to his Son for a Legacy left to his Son by his Mothers Father , and uplifted by the Father , during the time he alimented his Son in his Family , December 15. 1668. Windrham contra Eleis . Annualrent promised for a time by a Letter ▪ was found due in all time thereafter , Ianuary 13. 1669. Hume contra Seaton of Menzies . Annual of Annual was not found due , though expresly obliged to be payed by a Bond , bea●ing , That after each Term the Annualrent , if it were not payed , should bear Annualrent with the principal , which clause was found null , and not in the same case with a Bond of Corroboration ▪ granted after Annualrents were due , accumulating the same , Ianuary 26. 1669. Lady Braid contra E●rl of King●orn . APPRYZINGS were found not to be affected by a Bond or a Contract amongst the Appyzers , to concur and communicat their Rights , as to singular Successors , seing the Contracters were then Infeft , Iuly 1661. Ta●lzi●er contra Maxtoun . An Apprizing led before the year 165● . but no Infeftment thereon till after that year , was found not to come in pari passu with posterior Apprizings Infeft , or Charging after the Charge or Infeftment on the Appryzing before 1652. but it did exclude them wholly , December 12. 1666. Sir Henry Hume contra Creditors of Kello . An Apprizer was found Comptable ●or his Intromission with such as he Entered in Possession of , according to the Rental the Lands gave at his Entry , with power to him to give up all defalcations in his Discharge , and instruct the same , Ianuary 4. 1662. Seaton contra Rosewall . An Apprizer was excluded by a prior Infeftment , though granted to the Creditors appearand Heir , whereby he became Lucrative Successor , after this Debt contracted , but prejudice to pur●ue him personally , or to Reduce on that Title , Ianuary 6. 1662. Mansoun contra Bannerman of Elsick . An Apprizer pursuing for Removing , and Mails and Duties , his pursuit was Sustained only as ●o so much of the Apprized Lands , as he should choose , worth 8. per cent , and to compt for the superplus more than his Annualrent and publict burdens excepting the Defenders House and Mains , by the late Act of Parliament , betwixt Debitor and Creditor , Iune 27. 1662. Wilson contra Murray . Apprizers Competing upon the late Act of Parliament , bringing in Apprizings since 1652. pari passu , was found not to exclude Apprizings before , having obtained Infeftment since ; but that none could come in with him , who was first Infeft , and payed the Composition till they refounded their shares thereof , Ianuary 24. 1663. Graham contra Ross. But also by the Tenor of the late Act , the first Apprizers being Infeft in an Annualrent , were found to have access to his Annualrent , thogh there was no poinding of the ground February 5. 1663. Inter ●osdem . An Apprizer was found comptable for the Rents of the apprized Lands , during the Debi●ors Minority , contrary the Act of Parliament 1621. Which was ●mended in the late Act , 1641. But in the late Act Resc●ssory , that was not Revived , seing all private Rights by these Rescinded Acts. m●dio tempore , were Reserved , and this had been the Custom for twenty years , February 18. 1663. Rosse contra Mckenzie . Apprizers Competing , the first Apprizer having given the first Charge on the Letters of ●our Forms , and before the dayes thereof were expired , the Superiour Infefting a second Apprizer , the Infeftment was found Collusive , and the first Apprizer , giving the ●irst Charge , and Infeft within a litle time after the second , was preferred , and the first Infeftment Reduced , was still in Possession till now , that the Legal was expired , not only the bygone Fruits were his own , but that he might Redeem within a year after this Sentence , seing by the Taci●urnity of the Pursuer , he was in bona fide to continue his Possession , and not to doubt his own Right , or Redeem a second Apprizer , December 3. 1664. Laird of Cl●rkingtoun contra Laird of Corsbie . An Apprizing within a year was excluded from coming in pari passu , with a prior Apprizing , in respect the prior Apprizer , had before the Act betwixt Debitor and Creditor , taken Right to a prior Apprizing , without necessity to alleadge , that he took the Right to shun the expiring of the Legal of that prior Apprizing , or any other necessary Caus● , December 9. 1664. Iohn Veatch younger of Dawick contra Alexander Williamson . Apprizers Competing , where the first Apprizer being Infeft would possess but a part , the Debate being as to the rest , betwixt the second Apprizer , not Infe●t , and the third Infeft ; the Lords preferred the second as needing no Infeftment , December 22. 1664. Doctor Ramsay and Hay contra Seatoun . Apprizers come in pari passu , not before the date of the late Act , but from that time both Parties Sums should be accumulate , and the Mails li●ted proport●onally , but pr●ceeding Mails should be imputed in payment of the Expence of the Apprizing , Composition to the Superiour , and then in payment of the principal Sums , Ianuary 7. 1665. Grahame of Blackwood contra Brow●s . An Appri●ing being to be led , the present H●ritor and Possessors obtained assessors to be joyned to the Messenger , that he might stop the Apprizing by production of his In●e●tment , ●ebruary 3. 1665. Sir Iohn Fletcher Supplicant . An Apprizing ordained to be allowed , and Registrat after the Debitors death , and long after the sixty dayes were past from the Date of the Apprizing , and that upon Supplication , without Citation ▪ in respect it was found ▪ that the Apprizing Registrate Quandocu●que , would be preferred to others , not sooner , or more orderly Registrate , Iune ● . 1665. An Apprizer pursuing for Mails and Duties , was excluded till he ●atisfied the Superiour for a years Rent , he being now ready to Rec●ive him , albeit he ●as Charged before , and did not obey , Iuly 22. 1665. Iohnstoun contra Tennents of Auchincorse . An Apprizing being lost , and a new Extract thereof being Sub●cribed by the Clerk of the Apprizing , but not by the Messenger , being produced as a Title in a Process , the same was not Sustained without the Messengers Subscription , or his Executions ; but the Party was remitted to prove the Tenor thereof , December 1665. M●culloch contra Craig . An Apprizing was found to be satisfied by Introm●ssion , not only within the years , but also within the three years added by the Act betwixt Debitor and Creditor , though the Apprizing was led long before that Act Ianuary 20. 16●6 . Clappertoun contra Laird of Torsonce . Here it was also found that a part of the Lands Apprized being sold irrede●mably by the Apprizer , were Redeemable within thr●e years ; and that the singular Successor was only comptable for the Rents thereof , and not the Apprizer who had sold the same before the Act. An Apprizing led upon several Sums , of one whereof the Term of payment was not come , the Apprizing was ●ound null , as to that Sum ; but whether it would be null in totum , or whether it would be valide to carry the whole Right of the Lands , as that Sum had never been in : or if a proportional part of the Land , effeiring to that Sum , would be free of the Appr●izing , the Lords decided not , but were of different Iudgements , February 16. 1666. Sharp of Houstoun contra Glen . An Apprizing was found extinct , as being satisfied by the Debitor , and retired by him with a blank Assignation thereto , lying by him at his death , though his Son thereafter filled up his Name therein , which was instructed , partly by the Sons Oath , which was found not sufficient to prove alone , and partly by Witnesses , ex officio , one of which , who proved most clearly , was his Brother , February 27. 1666. Creditors of the Lord Gr●y contra the Lord Gray . An Apprizing on a Bond bearing a Sum to be payable without Requisition , was found valide without either Requisition , or Charge of Horning , Iuly 21. 1666. Thomson contra M●kitrick . An Apprizing was found extinct , as to a Party in whose favours the Apprizer granted a Back-bond , bearing ( that the Apprizing should not be prejudicial to that Parties Right ) which was found Relevant against a singular Successor , viz. The Kings Donator having right to the Apprizing by Fore●aulture , Iuly 31. 1666. Earl of Southesk contra Marquess of Huntly . An Apprizing was found satisfied within the Legal by Intromission , and no part of the Martinmas Rent was ascribed to a Tercers Right , not being served , though she gave Tack to the Apprizer , he having Entered on the Debitors Possession , December 21. 1666. Zeaman contra O●●phant . An Apprizing led against an appearand Heir , as specially Charged to Enter Heir , was preferred to the Infeftment ●f the next apparent Heir , after the Heir Charged his death , or the Infe●tment of their singular Successor granted after the matter became Litigious , albeit the Apprizer from the apparent Heir Charged , was never Infeft , nor Charged the Superiour upon the App●izing , neither was the apparent Heir himself Infeft , but that the Superiour might be Cha●ged at any time after the apparent Heirs death ; and albeit the next apparent Heirs ▪ could not Enter Heirs to the former apparent Heir Charged , but to his Predecessor , to the effect they might Reduce or Redeem the Apprizing , led against the former apparent Heir , February 6. 1668. Iohnstoun contra Erskin . An Apprizing was found Redeemable from the eldest Son , and apparent Heir of the Debitor , within ten years , for the sums he truly payed out , by the Act of Parliament 1661. albeit his Father was living the time of this Process , Iune 19. 1668. ●urnet contra N●smith . An Apprizer since 1652. pursuing the rest for his part of the Duties , as coming in with them pari passu , by the Act 1661. betwixt Debitor and Creditor , his Apprizing was ●ound not to be effectual , till the allowance thereof were Registrate , conform to the late Act of the same Parliament , anent Registration of allowances , but that it required no determinate time to Registrate , but whensoever Registrate it would be effectual as to all Rights , not compleated before Registration , Iuly 17. 1668. Steuart contra Murra●● . An Apprizing on an Assignation to a Cautioner , or for his behove , Apprizing for the whole sum , without deduction of that Cautioners part , was not found null , in totum , but Restricted to the Sum truly due , being within the Legal , Iuly 22. 1668. Iohnstoun of Sheins contra Arnold . An Apprizing and Infeftment thereon , granted by the Excheque● of course without notice , when the King by Forefaulture , was im●ediate Superiour , was found not to supplie a Confirmation , or to exclude the Donator of the Forefaulture , pursuing a Removing on a posterior Gift , December 9. 1668. Earl of Argile contra Stirling . Apprizing with a Charge against the Superiour , does not exclude the Liferent Escheat of the Vassal , against whom the Apprizing was led , without consideration whether the Superiour was in culpa , by not obeying the Charge , Iune 28. 1667. Dowglat contra Lisk . An Apprizer having at several times Apprized on several Sums , and Entered in possession by the first Apprizing , before the seco●d was led , was found to impute his whole Intromission to the first Apprizing , that thereby it might be satisfied within the Legal : The Apprizer was also found comptable for what sums he received , for a part of the Lands sold by him within the Legal , but for no greater price : and a joynt probation was refused , though it was in the Highlands , the Apprizer offering to prove by Witnesses above exception , and the Lords ordained both the Feears to be produced , and the greatest prices to be proven , that they might choose what Rate to ●ollow , Ianuary 14. 1669. Mckenzie of Puglas● contra Ross of Auchnacloich . An Apprizing led against one Charged to Enter Heir , who dying un-infeft , his Sisters as Heirs to his Grand-Father , to whom he was Charged to Enter Heir , were ●ound to have the Right of Reversion of the Appri●ing , albeit they were not Heirs to their Brother , who was Charged to Enter Heir , but dyed un-infeft , Ianuary 1● . 1669. Iohnstoun contra Erskin Lord Lyon. An Apprizer having Charged the Superior , was found not thereby to become Vassal , so as by his death the Lands would ●all Waird , but by the Death of the Party , against whom the Apprizing was led , unless the Apprizer when he Charged the Superior , had presented a Chatter , with an offer of Money , and a Bond for what ●urther the Lords should modifie for the years Rent , and had put the Superior in culpa aut mora , in not Infefting the Apprizer , and that whether the Superior required the same or not , February 9. 1669. Black Donator by the Duke of Hamil●oun contra French. Vide Liferent , Dowglas contra L●●k . An Apprizing was found extinct , by the Intromission of him to whom the Apprizer granted Back-bond , declaring the Apprizing to be to his behove , and that against a singular Successor , who thereafter obtained Disposition and In●e●tment upon the Apprizers Resignation , Iu●y 12. 1670. Kennedy contra Cuninghame and Wallace . An Apprizing posterior was preferred to a prior Appri●ing , being less formal and solemn , according to the custom then in u●e , the posterior being upon Denunciation at the Mercat Cro●s of the Sheriffdom , and the other at the Mercat Cross of the Regality , when Regalities were supprest by the Vsurpers , and was led at Glasgow , Iuly 15. 1670. Lady Lucia Hamiltoun contra Boy● of Pitcon . An Apprizer was ●ound comptable for the whole Rents of the Lands he possest by his Apprizing , both for his Ommission and Intromission , and that not only till his Apprizing was satisfied , but for all years subsequent , that he continued to intromet with any part , Ianuary 26. 1671. Cass contra Cunninghame . An Apprizing coming in the person of the apparent Heir of the principal Debitor , was ●ound extinct by satisfaction of the ●ums payed by the apparent Heir therefore , summarly without Reduction , not only as to the Estate of the apparent Heir , but as to the Estate of a Cautioner ●or that Debt , which was also Apprized , February 22. 1671. Dumbar of Baldoon contra Dick. An Apprizer of an Annualrent was preferred to an Arrester , although there was no Diligence upon the Apprizing , for nine years before the Arrestment , and that there was no Infeftment , or lawful Charge on the Appr●zing , in respect it was a prior judicial Assignation , requiring no Intimation , February 23. 1671. Lord Iustice Clerk contra Fairholme . Apprizings deduced since Ianuary 1652. within year and day of the first effectual Apprizing , were found not to be compted by a year from the Infeftment or Charge , by which the Apprizing becomes effectual , but from the date of the first effectual Decreet of Apprizing , by the Act 1661. betwixt Debitor and Creditor , Which bears , That all such Apprizings shall be , as if one Apprizing had been led for the whole , Iuly 4. 1671. Laird of Balfoure contra Dowglas . An Apprizing was found satisfiable by Exception or Reply , as being to the behove of the Debitor , or his eldest Son , for the sums that were truly payed out by the Act of Parliament 1671. Albeit the Apprizing was Expy●ed , Ibidem . An Apprizing was Sustained , though it proceeded on a Bond , payable upon Requ●sition , and that the Claim of the Apprizing did make mention of the Requ●sition , seing the Requisition was done , and is now produced ▪ and though the Messenger having met at the dyet appointed for the Apprizing , did adjourn the Court of Apprizing till the next day , in respect of a great Rain , and that the place designed for the Apprizing was upon the open Field : and though the place of the Apprizing was by di●pensation , neither at Edinburgh , nor at the Head Burgh of the Shire , and past as a common Bill of course , Iuly 12. 1671. Heirs of Lundy contra the Earl of Southesk and others . In Apprizings Messengers are prohibite by Act of Sederunt , to continue the dyer of Apprizings , except upon absolute necessity , that Parties interressed be not put to uncertain attendance : and likewise , di●pen●ations for the place of Apprizings is prohibite to be past of course amongst other common Bills , without being Read , Ibidem . An Apprizing acquired by the appearand Heir of the Debitor , was found satisfiable by any other of the Defuncts Creditors , by paying what the appearand Heir truly payed therefore , albeit the appearand Heirs Disposition was before the Act of Parliament 1661. seing his Infeftment , by which the Right real is Established in his Person , and his Author was Denuded , was after the said Act ; and albeit the Apprizing was not expired , when the appearand Heir acquired Right , but that it became to expire , continuing in his Person , and that it was Redeemable within ten years from the date of the acquiring , but not from the expiring of the Legal , I●ne 21. 1671. Maxwel of Nether-pollock contra Maxwel of Kirkconnel , An Apprizer was found not obliged to restrict his Possession to his Annualrent , in favours of posterior Apprizers , by the Clause for Restriction in the Act of Parliament 1661. which is personal and peculiar to the Debitor ; but seing the first Apprizer would not admit the posterior Apprizers to possess , he should be comptable for the whole Rental , from the time of the Exclusion , Iuly 28. 1671. Murray contra Earl of Southesk and others . ARBITERS got Warrand on a Supplication to Cite Witnesses before them , Ianuary 6. 1670. Ker of Cavers and Scot of Goldenberry Supplicants . ARRESTMENT was not elided , because the sum arrested was discharged before the arrestment , seing it appears the Discharge was not delivered to the Party . in whose hands the arrestment was made , nor none to his use , before the arrestment , December 13. 1661. Boyd contra Lairds of Niddrie and Edmonstoun . An Arrester and an Assigney competing , the Assigney was preferred , because the Arrestment was loosed , albeit the sum Arrested remained still in the same hands , because the Arrestment was on a dependence , and no Decreet thereupon , against the principal Debitor , Iuly 4. 1661. Raith of Edmonstoun contra Laird of Niddrie and Lady VVolmet . Arrestment cannot be loosed without Caution , super cautione juratoria , Iuly 16. 1661. Colledge of St ▪ Andrews Supplicant . Arrestment was found not to affect the Sallaries of the Lords , and the Kings Pensions , conform to a Letter and Act of Sederunt , February 18. 1662. Sir Robert Murray contra Arrestment Execute on the Sabbath Day , was found null by Exception , February 3. 1663. Oliphant contra Dowglas of Dor●och . Arresters Competing , the second being on Letters of Supplement , against a Party ou● of the Countrey , was preferred to the first , being at his Dwelling Place , without Supplement , Ianuary 20. 1665. Lord Lowre contra Givon . Arrestment on a Bond not Registrate , was found looseable , as not being on a D●●reet of Registration , or any other , and after the loosing , the Arrester was found preferable to a posterior Assigney , seing the Money was yet in his Hand , in whose it was Arrested , February 7. 1665. Grahame contra Brown and Doctor Martine . Arrestment being laid on in the hands of a Party who Entred in a Minute , or Bargain of Land , though he passed therefrom ▪ yet the price was ordained to be made forth-coming , November 23. 1665. Campbel contra Doctor Beatoun . Arresters having both obtained Decreet in one day , were found not to come in equally , but the first Arrester was preferred , have done equal diligence , February 1. 1666. Collonel Cunninghame contra Lyel . An Arrester and Comprizer Competing for a S●m , whereupon Apprizing was led at the Instance of the common debitor , whereupon no Infeftment followed , yet the Arrestment upon the said first Apprizers debt , was not ●ound habilis modus , to make forthcoming the Sum Appryzed for , but the second Appryzer was preferred to the Arrester , February 22. 1666. Lockhart contra Lord Bargenzie . An Arrestment was found to give Action after the death of the debitor , whose Goods were Arrested , without a new Decreet against any Repre●enting him , seing he died at the Horn , and so could have none to Represent him in mobilibus , February 19. 1667. Givon contra Hume : here the Defuncts Donator to his Escheat concurred , An Arrestment of Annualrents laid on curr●nte termi●● , was preferred to an Appryzing of the Lands , led before that Term , seing Infeftment followed not thereon , before the Term , Iuly 2. 1667. Luster contra Aitone and Sleigh . Arresters Competing , the ●irst Arrestment , and first Citation before the Lords and compearance sine mora , was preferred to a posterior Arrestment , and Citation before the Sheriff , though obtaining the first Decreet in absence , the Arrester not being in that Shire , November 23. 1667. Montgomery contra Rankine . Arrestments were found not to reach the Fie of a Servant , in so far as was necessary for the Servants Aliment , conform to the condition of his Service , but only as to the Superplus , Iuly 9. 1668. ●oog contra Davidson . Arrestment was found to Reach the next Terms Rent after it was laid on ▪ though it was not due when it was laid on , Iuly 20. 1669. L●ssy contra Cunninghame . Arresters Compe●ing , the posterior Arrestment by four dayes , was preferred to the prior , in respect the Term of the Sum , for satisfying of which , the Arrestment was laid on , was not come the time of the Citation , or Competition before the Baillies , though by an Advocation , raised by the prior Arrester , without a just Reason of Advocation , the Term was past before the Competition before the Lords , Iuly 29. 1670. Charters contra Neilson . AN ASSIGNEY was not excluded by payment made to the Cedent after Intimation , albeit the Assignation was to the behove of the Cedents Son , without a Cause onerous , Ianuary 3. 1662. Ross of Earles-milns contra Campbel of Caddel . An Assigney constitute by a Tutor , who took Assignation to his Pupils Bond , was found to have no Process against the Pupil , till the T●tor Compts were made , unlesse the Assigney fo●nd Caution for the Tutor , Ianuary 24. 1662. Ramsay contra Earl of Wintoun . An Assignation omnium bonorum , by a Father to his Son , was Sustained to give Processe against the Debitors , albeit not Intimate in the Fathers Life , and so in bonis defuncti , Iune 25. 1663. Hallyburtoun contra Earl of Raxburgh . An Assigney may be prejudged by the Cedents Oath , before Intimation ; or if the Debitor pursue the Assigney , ad hunc e●●ectum , to take away the Bond before Intimation by the Cedents Oath , and his being so called , and producing the Assignation , will not exclude the Cedents Oath , February 15. 1662. Laird of Pitfoddels contra Laird of Glenkindy . An Assigney was found to have interest to pursue , albeit his Assignation was not Intimate before the Cedents death , without necessity of Confirmation , Iuly 27. 1664. Muirhead contra 〈◊〉 Intimation , November 18. 1664. Guthrie contra Sornbeg . An Assignation being gratuito●s , the Cedents Oath was found sufficient against the Assigney , Iune 16. 1665. Wright contra Sheils . The like , Iune 13. 1666. Iack contra Mowat . An Assignation to a Reversion , being Registrate in the Register of Reversions , and a Liferent Infeftme●● of the Wodset Land , Registrate in the Register of Seasines , was found sufficient to give the Wife interest , even in her Husbands time to Redeem , that she might Redeem the Wodset Land , for her Liferent use , and to be preferred to an Appryzer of the Reversion , after the Wifes Right , Registrate as said is , without necessity of any other Intimation , December 5. 1665. Beg contra Beg. An Assignation to a Gift , when it is incompleat , and before it passe the Exchequer , doth not exclude the Donators Back-bond , at passing thereof , even as to the Assigney , Ianuary 13. 1666. Dollace contra Frazer of Streichen . An Assignation to such a sum yearly , out of the first and readiest of the Teinds of such Lands , found not preferable to a posterior Appryzing of these Lands and Teinds , as an Assig●ation to the Tack , or whole Tack-duty of the Teinds , would have been preferred as habilis modus , February 6. 1666. Watson contra Fleming . Assignation Vide Compensatione , Cockburn contra Laird of Craigivar . An Assigney to a Tack , which is Transmitted by Assignation , was not found as a singular Successor to Lands , passing by Infe●tment , so that what is competent against the Cedent in Tacks , is competent against the Assigney , except as to the manner of Probation by the Cedents Oath , December 18. 1668. Swintoun contra Brown. Assigneys were found to have Right to an Annualrent , granted by a Father to his Daughter and her Heirs , without mention of Assigneys , though her Brothers and Sisters were substitute , failing the Heirs of her Body ; and though the Assignation was granted without a cause onerous to another Brother , I●●e 24. 1669. Steuart contra St●uart . An Assignation without Intimation , was preferred to an Executor Creditor of the Cedent , even as to the Executors own debt , Iuly 27. 1669. Executors of Redpeth contra Iohnstoun . AN ATTESTER of a Cautioner in a Suspension , declaring that the Cautioner was sufficient , being conveened Subsidiarie , was found to be no further lyable , than that the Cautioner then was holden as sufficient for the Sum Charged for ▪ December 17. 1667. Paterson contra Hume . A BAILLIE of Regality amerciating Parties for a wrong committed , in the thrusting out of others out of a Seat in the Church , in time of Divine Service , and beating of them , his Decreet was Sustained : though it extended to two hundred pounds , half to the Party , and half to the Fiscal , Ianuary 30. 1663. Steuart contra Boggl● and Matthie . A Baillie of a Barony of Kirkland , being Infeft by the Abbots , with full Iurisdiction , Civil and Criminal , with power to Repledge , and with power to apply the whole amerciaments and Casualities to his own behove , his Right was found not to be derogate from , or prejudged by the Kings Erecting a part of that Barony in a Burgh Royal , and giving them power of Heading and Hanging , and all Iurisdiction , unless they extinguished the Baillies Right by Prescription ; albeit it did not appear , that these Kirklands were Erected in a Regality , no mention being made thereof in the Infeftment of Bailliarie , nor was it commonly known under that Title , February 27. 1667. Lord Colvil contra Town of Culross . A Baillie of Regality was found to have power to amerciat the Inhabitants of a Burgh of Regality , though having Baillies of their own in the Burgh , in respect the Burgh being Vassals to the Baron , their power is cumulative , and not exclusive of his Iurisdiction ; but there is place for prevention , to the first Attatcher doing diligence , Ianuary 14. 1668. The Baillie of Regality of Killimuire contra Burgh of Killimuire . BAIRNS Provisions being upon Bond subscribed by their Father , but not delivered till he had disponed his whole Estate to his eldest Son , with Warrandice from his own deeds done , or to be done , and reserving his Liferent of a part , which was found sufficient to Reduce the Bonds of Provision , and Appryzing thereupon , as not obligator till delivery , or the death of the Father , and Revocked indirectly by the Sons Disposition , Ianuary 10. 1668. Laird of Glencorse contra his Brothers and Sisters . A Bairns provision posterior in date and delivery to a Creditors debt , the Creditors Appryzing , though posterior , was preferred in a Reduction to the Appryzing on the Bairns Portion though prior , Iuly 22. 1668. Iohnstoun of Shems contra Arnot , Vide Children , Ianuary 16. 1676. Erskines contra R●ynolds . A BOND bearing borrowed Money , was found not Reduceable upon the Act against Bankrupts , but that the Bond it self did sufficiently instruct the borrowing of the Money , as the cause onerous , Iune 28. 1665. Mo●teith contra A●derson . A Bond was found Heretable as bearing annualrent , though it was but 5. per cent , in a Bairns Portion , Iune 28. 1665. P●tcairn contra Edgar . Bonds bearing Annualrent are moveable till the first Term of payment of Annualrent , and fall within single Escheat , Iune 26. 1668. Dick contra Keir . A Bond by a Father to a Son , though bearing borrowed Money , yet was presumed to be for love and favour , and the same with an Appryzing thereupon , was Reduced at the instance of anterior Creditors , who obtained Decreets after the Bond for Bargains , which were proven by Witnesses to have been contracted before the Bond , Ianuary 21. 1669. Creditors of Pollock contra Pollock his Son. A Bond by a Father to his Son , after he was Married and out of his Family , payable after the Fathers death , was found not Reduceable at the instance of posterior Creditors of the Father , by the Act of Parliament 1621. against fraudful Alienations , though it were Reduceable upon evidence of Fraud , ex jure communi , which were appointed to be condescended upon : Ibidem . A Bond taken by a Father from a Son , after Contract of Marriage ▪ Vide Contract . BARONS Decreets are valide in Vaccance time by their priviledge , without dispensation , and they are competent to Iudge the Multures due by their Vassals , February 14. 1662. Nicolson contra Forbes of Tillicutri● . A BARONY was found to include a Burgh of Barony as P●rt and Pertinent , though not exprest in a donators Infef●ment , albeit it was exprest in former Infeftments , and particulars of less moment were exprest in this Infeftment , as comprehended in the Barony , Ianuary 15. 1668. Earl of Argile contra Campbel . A BASE INFEFTMENT of Annualrent was sound valide against a posterior publick Infeftment , because thereupon there was a Decreet of poinding the Ground , though it could take no effect for a long time , till the entry to the Annualrent , which was not , till after the Constituents death , 26 , and 27. of February , 1662. Creditors of Kinglass competing . A base Infeftment by a Husband to his Wife on her Contract , was validate by , and preferred upon the Husbands Possession , though the Wi●es Infeftment was of annualrent , and the Husbands of property , November 23. 1664. Lady Grang● contra Murray , where it was found , that from the very date it was validate and preferred to any other , though prior and base , but apprehending Possession upon a Citation before Candlemas , it being Ferm Land , and a Decreet thereon in March thereafter . Two base Infestments of annualrent competing , one to a Wi●e , the other to a Creditor , the Wife was preferred , being cled with Possession by the Husbands possession , which was not found competent to the Creditor , though his Infeftment was prior , and though he used Inhibition before the next Term , after the Wifes Infeftment , and alleadged the Husband could have no Possession after the Wifes Infeftment , before his diligence , which the Lords Repelled , because the Husband was in a present current Possession , and nor in acquirenda possessione , but the Wifes Infeftment was only sustained in prejudice of this Creditor , in so far as it had an anterior Cause to his debt : The Husbands Possession was also found sufficient to validate the Wifes Infeftment of annualrent , though he possessed the property which includes eminenter , all other Rights , November 23. 1664. inter cosdem . An Infeftment of Warrandice Lands being in the same Infeftment with the principal Lands , and both holden base , was preferred to a posterior publick Infeftment of the same warrandice Lands , though cled with long Possession , and that upon an action of Mails and Duties upon the Distresse , without Reduction , Ianuary 9. 1666. Brown contra Scot. A base Infeftment by a Father to a Son , reserving the Fathers Liferent , was found not validate by the Fathers continuing his Possession , but the Fathers Creditors appryzing were preferred to the Donator of the Sons Forefaulture , founding upon the Sons Infeftment , Iune 14. 1666. Hume contra Hume . A base Infeftment of annualrent was preferred to a posterior appryzing and charge before the Term , at which the annualrent begane to be payable , in respect the annualrenter was in Possession of the Land , out of which the annualrent was payable & intus habuit , viz. his annualrent proportionally from the date of his Right , Iune 30. 1666. Stevinson contra Dobbie . A base Infeftment by a Father to a Son , Reserving the Fathers Liferent , was found not validate by the Fathers possession , albeit the Father disponed the Lands reserved to a third Party , who did possess ; but the Disposition was of the Fee , and no mention of the Liferent reserved , December 18. 1666. Lord Newbeath contra Dumbar of Burgy . A base Infeftment was excluded by the Liferent Escheat of the granter , albeit the base Infeftment was before the Rebellion , seing it was not cled with Possession in cursu rebellionis , within year and day . February 21. 1667. Miln contra Clerkinson . A base Infeftment by a man to his Wife , was preferred to a posterior publick Infeftment , albeit the base Infeftment was not cled with Possession of the Husband himself , but by others deriving Right of Wodset , or other Temporary Right from the Husband , or his authors , which was compted as the Husbands Possession , to validate the Wifes base Infeftment , Iuly 18. 1667. Lady Burgy contra Strachen . A base Infeftment of annualrent was found to be validate by receipt of a part , though far within a Terms annualrent , and not relative to the Infeftment , but to the Bond whereupon it followed , and though there was no ann●alrent due before the Infeftment , yet seing the Receipt bear in part of payment of bygone annualrents , the Annualrenter was allowed to ascribe it to the annualrents due after the Infeftment , to exclude an Infeftment on an Appryzing , which appryzing was led before the Receipt , but the Infeftment thereupon was after ▪ and the Receipt was proven by an Apocha under the Debitors hand , Iuly 23. 1667. Hume contra Hume and the Tennents of Kello . A base Infeftment of annualrent on a Bond bearing 3000. merks of borrowed Money ; and 3000. merks of Portion , the one half of the whole Sum and annual●ents thereof , was Suspended till the Fathers death , Yet payment of the annualrent of the other half not suspended , was found sufficient to validate the whole Infeftment , and to prefer it to a posterior publick Infeftment , February 5. 1668. Keir contra Keir . A base Infeftment in warrandice granted by a Husband to his Wife , holden of himself & ex intervallo , after the principal Infeftment , was found valide against a posterior publick Infe●tment of the ●ame warrandice Lands , as being cled with the Husbands Possession in the principal Lands , and that these needed no declarator of Distress , or Eviction , but a pursuit of Removing , or Mails and Duties upon Eviction is sufficient , which cannot be excluded by a possessory judgement upon 7. years Possession , by the publick Infeftment , unless it were 7. years after the Eviction , February 20. 1668. Forbes contra Innes . Base Infeftments granted by a Father to his two Sons of the same date , one of Property of Lands , and another of annualrent forth thereof , was found both valide , as being cled with the Fathers possession , reserved in both , there being no suspition of defraud of Creditors , or competition with them , and that a singular Successor appryzing and Infeft from the one , was not preferable to a posterior Adjudger from the other , Iune 30. 1668. Chem contra Chrisly . A base Infeftment of annualrent was found validate by Possession , upon another Infeftment of annualrent , in corroboration of the former , out of distinct Lands , whereby both Infeftments as to both Lands , were found valide , though no payment was made by the Debitor , or by the Tennents in the first Infeftment , Iuly 9. 1668. Alexander contra the Laird of Clackmannan . A base Infeftment to a Creditor , was preferred to a posterior publick Infeftment , granted to a Wife by an additional Ioynture , in respect there was a Citation on the base Infeftment , anterior to the Wifes publick Infeftment , which was found to validate the same , and sentence of preference of poynding of the Ground , was now granted therein , Ianuary 27. 1669. Bell of Belfoord contra Lady Ruther●oord , A base Infeftment never cled with Possession , was found valide to exclude the Terce of the granters Relict . Ib●dem A base Infeftment by a Father to his Children , was found not validate by the Fathers Possession , wherein he continued , albeit he had a Factory from the Children : here it was not alleadged that the Father had granted Discharges , or used Citation expresly , relative to the Factory , Iuly 10. 1669. Gairdiner contra Colvil . BASTARDY being gifted by the Vsurpers , defends the Bastards Debitors no further than what they bona fide payed to the Donator , but not for what was yet in their hands , which belongs to the Kings Donator . Iuly 19. 166● . Windrham contra Megregors . Bastardy was found not to be relevantly Libelled , that the Defuncts Father and Mother were not Married , but that it behoved to be alleadged , that the Defunct was commonly holden and repute Bastard : But that it was also sufficient , that the Defuncts taking a Legitimation , had acknowledged his Bastardy , February 19. 1669. Kings Advocate contra Craw. Bastardy was found not to be inferred by the negative presumption , that the Father and the Mother were not Married , but that it behoved to be proven positive , that the Defunct was holden and repute Bastard , Iune 15. 1670. Livingstoun contra Burn. Bastardy puts the Donator to no better case , as to Back-bonds , or mutual Obligements , than the Bastard his Heir would have been in , Iune 20. 1671. Alexander contra Lord Sa●toun . BEHAVING AS HEIR by intrometting with the Mails and Duties of the Defuncts Lands , was elided , because the Defender intrometted singulari titulo , by an Appryzing , though the Legal was not expired , unless it had been clearly satisfied by intromission , or otherwise , Ianuary 10. 1662. Barclay contra Laird of Craigivar . Behaving as Heir was found in no time coming to be ●lided by taking Right to any Appryzing or Adjudication , led against the Intrometters for their own Debt , real or simulate , though such Rights were expired , February 28. 1662. Act of Sederunt Vide , Ianuary 22. 1662. Glendoning contra Earl of Nithisdail . Behaving as Heir was not inferred by In●romission with the Rents of the Lands , which were disponed by the Defunct , and Infeftment thereon ; but to the behove of the Defender the appearand Heir , Ianuary 14. 1662. Harper contra Hume of Plandergaist . Behaving as Heir was inferred by the appearand Heir , his in●rometting with the Rents of Lands belonging to his Father the Debitor , in so far as being disponed to the Defender , they were Redeemed by him , though no Declarator or new Infeftment followed ; and also found by intrometting with the Fathers whole Silver-work , without alleadging a formal drawing of the Heirship , or taking any of them as such ; and though the Lands were Appryzed from the Defunct , seing the Legal was un-expired , and the Defender had no Right from the Appryzer , February 21. 1663. Hamiltoun contra Hamiltoun . Behaving as Heir , by intrometting with Heirship was not ●lided , because the Defuncts Lands were apprized , seing the Legal was not expired before his death , February 26. 1663. Cuthbert of Drakies contra M●nro of Foulis . Behaving as Heir was not ●nferred by intromission with the Rents of the Defuncts Lands , which were appryzed , and whereunto the appearand Heir acquired Right , before he fell to be apparent Heir , though he continued to possess after the appryzing was satisfied by intromission , February 26. 1663. Inter cosdem . Behaving as Heir was elided as to Heirship , because the Defunct dyed Rebel , and his Escheat was gifted and declared Ibidem . Behaving as Heir , by medling with heirship , was not elided , because the Defunct dyed at the Horn , and thereby nihil habuit in bonis ; nor yet that the Escheat was gifted before intenting of this cause ; but that it was gifted and declared before , Iune 10. 1663. Gordoun of L●smore contra Keith . Behaving as Heir was elided , because the Defunct was Rebel , his Escheat gifted and the appearand Heir intrometted by the Donators Rights or Tollerance , and that before intenting of the Cause , albeit no declarator thereon , Iuly 4. 1665. Innes contra Wilson . Behaving as Heir was not Sustained upon Intromission , had by a Tutor , November 30. 1665. Boyd contra T●lzi●er . Behaving as Heir was not Sustained by Heirs of Line , their Renuncing to be Heirs ; in favours of the Heir-male , to whom the Father had disponed , seing they gave no Right thereby , hurtful to Creditors , but gave a Renunciation voluntarly , which Law would have compelled them to give , though for their kindness they got a sum of Money , Iuly 5. 1666. Scot contra Heirs of Auchinleck . Behaving as Heir by Intromission with the Rents of the Defuncts Lands , was elided by Tollerance from a Donator of Recognition , albeit not declared till after the Intromission , the Defender paying the single value , Iuly 17. 1666. Ogilby contra Lord Gray . Behaving as Heir by intromission with the Duties of the Defuncts Lands , was elided by a Disposition from the Defunct to the Intrometters Son , the Defuncts oye , though without Infeftment , or by a Tack by the apparent Heirs Husband , though expired before the Defuncts death , as continuing per tacitam relocationem , Ianuary 16. 1667. Re●d contra Salmond . Behaving as Heir was Sustained by Exception , Ianuary 8. 1668. Forbes contra Innes . Behaving as Heir was found to be instructed by a Discharge granted by the Party as appearand Heir , bearing receipt of the Defuncts Charter Chist , without any Inventary or Protestation , and keeping of it two years , without necessity to alleadge that any use was made of the Writs , but was not inferred by raising of Breives to serve Heir , wherein no Service followed ; or by Revocking deeds done by the Defunct in his Minority , Iune 28. 1670. Eleis of Southside contra Casse . Behaving as Heir was not inferred by the appearand Heirs having right or tollerance from App●yzers , and intrometting thereby , even within the Legal ; but was inferred by continuing the Defuncts Possession , before obtaining such Warrand , and that any Creditor , though not Appryzer , pursuing the appearand Heir , behaving as Heir , and he Defending upon the Right of an Appryzing , that the Creditor might Summarly by Reply , prove satisfaction of what he truly payed out , by intromission or present payment , and thereupon he was obliged to Assign , or Dispone to the Creditor , Iuly 11. 1671. Maxwel contra Maxwel . Behaving as Heir was not inferred simply where the Defender was Infeft , as Heir to her Mother , her Father and Mother being Infeft in Conjunct see upon their Contract of Marriage , by which there was probable ground to think that her Mother was Feear and not her Father , Iuly 12. 1671. Gairns contra Sandilands . BILLS OF EXCHANGE being accepted , and before the Term of payment the Accepter dying , no Exchange or Re-exchange was found due , but the obtainer of the Bill might either return upon the drawer , for single value , or proceed against the Successors of the Accepter ; This Bill was protested for not payment , at the dwelling House of the Defunct , Iuly 3. 1664. Kennedy contra Hutcheson . A BLANK Bond , as to the Creditors Name , was found to constitute the Receiver thereof to his own behove Creditor , and that it would be affected with his Deb●s and Deeds , and fall under his E●cheat , as if his Name had been filled up before , and before any other Name was filled up , shown or intimat , an Arrester being Creditor to the person who got the Bond , is preferable to him whose Name is filled up therein , November 11. 1665. Telzifer contra Geddies , debated again , and so decided , December 1. 1665. A blank Bond being filled up by him who r●●eived it in Name of another , and delivered to that other , and by him shown to the Debitor , these particulars being proven by Witnesses ex officio , the ●●●ty whose Name was filled up , was preferred to a Creditor of him to whom the Bond was first delivered blank , arresting all Sums due to him in the Debitors hands , but after filling up , and shewing of the Bond to the Debitor , without necessity of an intimation by Instrument , Ianuary 18. 166● . Birnie contra He●drieson and George Vide Compensation inter ●osdem . A blank in a Disposition , whereby Lands are Disponed to two for themselves , and the Creditors of the Disponer afterspecified ; after which several ●ines were written with another hand , inserting the particular Creditors and Sums , without mention of the Writer of that part of the Writ , whereupon it was presumed , that that blank was filled up after the date of the Writ , and after another Creditors Inhibition , unless the contrary were proven , not by the Trusties oath , but by the Witnesses insert , or other Witnesses above Exception , Ianuary 16. 1670. Lady Lucia Hamiltoun contra the Creditors of Monkcastle . BLOODWITS were found due to a Superior Infeft cum Bloodwitis , albeit not a Baron holding immediatly of the King , December 12. 1665. Cranstoun contra Pringle . BONAE FIDEI POSSESOR ●acit fructus consumptos suos , though he have not possessed so long as to obtain a possessory ●udgement , November 18. 1664. Guthrie contra Laird of Sornbeg , and though the other Parties Infeftment was Registrate . Bonae ●idei possesior , &c. was found Relevant to defend a Party possessing by a Contract with a minor , though Reduced upon minority , as to the years uplifted before the Reduction , February 16. 1666. Earl of Wintoun contra the Countes of Wintoun . Bonae ●idei possessor , was found Liberat from the Mails of a Booth , whereof he had Tack till a Sum were payed , albeit the Setter was but Li●erenter , and had purchased the Tenement to himself in Liferent and to his Son in Fee , but the Father was commonly repute Feear , and did not set the Tack as Liferenter , yet the same was excluded from the duties before Citation , and was not found to have Right from a Warning he had made after his Fathers death , by chalking of the door , without any other intimation , February 16. 1669. Hamiltoun contra Harper . Bona● fides of Creditors lending their Money , and seing a Wifes Contract Registrate , bearing such a sum to be imployed , was found not to defend them against the Wife , who obtained a Declarator of Vitiation of the principal Contract by her Husband and Fathers diminishing the ●ocher and Ioynture , to be extended and amended as it was at first , Iune 11. 1670. Hunter contra the Creditors of Peter . Bona● fidei possessor , &c. was found of no effect to one who obtained Decreet of Removing , for not payment of the Duties in absence , and produced not his Infeftment , but an Infeftment of another person of the same Name , which being a ●raudulent deed , he could not thereby have a Title bonae fidei , Iuly 21. 1671. Neilson contra M●nzies of Enoch . BVRGHS were found to have no power to stent any part of the Charges of their Commissioners , sent to the Convention of Burrows , upon these who had no Trade in their Town , but only Tenements , or for any part of a second Ministers Stipend , unless it had been due by Law , Sentence , consent of party , or prescription , February 1. 1669. Boswel contra the Town of Kirkaldie . The priviledge of Burghs by the Act of Parliament , that no Trads-men should exercise their Trade in Suburbs , was found only to extend to such Suburbs as had no priviledge , but if the Suburbs were erected in a Burgh of Regality , or Barony , or were within a Barony , the Inhabitants might freely use these Trades albeit some of them had given Bond to pay such a Duty for the Liberty thereof ; The same could only bind themselves and not their neighbours , or the Heritors Ground with a Servitude , without his consent , Iuly 21. 1669. Town of Pearth contra the Weave●s in the Bridge● end of Pearth . A BVRGH ROYAL having obtained Decreet against certain persons in a Burgh of Borony , to desist from Merchant Trade , and impowering the Burgh to sease on the Merchandise ▪ and the persons of the contraveeners , was found not to militate against others than those individual persons , and not against the Lord or Baillies of the Barony , and that there was no wa●rand in Law to in●arcerate persons hoc ordine , February 13. 1663. Town of Linlithgow contra unfree-men of Borrowstounn●s● . A Burgh Royal pursuing a Burgh of Barony for desisting from Merchant Trade ; The Lords ●ound the Letters orderly proceeded , till the Burgh of B●rony should find Caution to desist from Merchant Trade in general , but would not suffer to condescend upon particulars , as to the retailing of Wine , &c. which had been forborn by the Lords these 30 , or 40. years , Iune 24. 1664. Town of Cowper contra Town of K●oucher . A Burgh-Royal having immemor●al possession , and free Trading on the River on which it stood , was found not to be burdened with Anchorage , Measurage , Tunnage and Weyage , granted by the King thereafter to another Burgh , in Stations on that same River , though cled with 40. years possession , but neither universal nor peaceable , but interrupted , February 6. 1666. Town of Glasgow contra Town of Dumbartoun . A Burgh Royal being pursued by one who had Lands within their Burrow-Lands , and Houses within their Town , were found not lyable for any Stent out of his personal Estate , or Trading , or for the Towns debts , or second Ministers Stipend , unless he had consented , or had been in immemorial custom of payment , Iuly 22. 1668. Bosewel contra the Town of Kirkaldy . A Burgh Royal and their Trads-men , were found not to have Right to hinder the exercise of Trads-men , no ways adjacent to the Town to exercise their Trade , upon pretence of the Act of Parliament , Prohibiting Work-men to exercise their Trades in the Suburbs of Royal Burrows , Ia●uary 7. 1671. Laird of Polmais contra Trads-men of Stirling . CAPTION was granted summarly upon supplication against a Bankrupt , who had unexpectedly and fraudulently broken , and fled , though he was not Rebel , but the Kings free Leidge , November 30. 1665. Creditors of Mason Supplicants . CASVS FORTVITVS , was found not to Liberate the Grasser of a Horse that broke his Neck , where the Owner of the Horse appointed him to be keeped in at hard meat , Ianuary 29. 1666. Scot contra Gib . A CAVSE ONEROVS of a Disposition , by one Brother to another , was found not to be instructed by the Narrative thereof , but behoved to be instructed aliunde , November 19. 1669. Whitehead contra Lidderdail . A cause onerous of a Disposition , was found not instructed by its own Narrative , or the Acquirers Oath , though he was not a conjunct person with the Disponer , seing the Disposition bear to be to two persons for themselves , and to the behove of others , whose interest was evacuate , as being filled up after an Inhibition , and the Disposition did not express what the Acquirers own Interest was , Iuly 15. 1670. Lady Lucia Hamiltoun contra Boyd of Pi●con . A CAVTIONER for Executors was found not conveenable till the Executor be discust , and that Decreet is not a sufficient discussing , without Registrate Horning , though the Executor have no Lands , and though it was alleadged he was Bankrupt , Iuly 24. 1664. Brisb●●e contra Monteith . A Cautioner in a Testament was found conveenable and comptable with the Executor , before they were discust , but superceeded all Execution against the Cautioner , till the Executor be first Discust , December 2. 1662. Dowglas contra the Lady Edmonstoun . A Cautioner for an Apprentice was not liberate from causing the Apprentice serve his time , and pay damnage for his absence , because the Merchand suffered him to go over Sea , and intimate not to the Cautioner to restrain him , yet the penalty was modified to 50. pounds , Iune 17. 1663. Allan contra Paterson . Cautioners conjunct , getting Assignation from the Debitor , were found to have access to the rest , allowing their own part , but are not obliged to accept their part of what they truely payed by Composition , Iuly 18. 1664. Ni●bit contra Lesly . A Cautioner was not found lyable to pay , unless the Debitor Assign him to the debt , and all security he had from the principal thereof , Ianuary 10. 1665. Lesly contra Gray : The contrary was found , Iuly 10. 1665. Hume contra Crawford of Kerse . So this is arbitrary , and according to the favour of the case . A Cautioner as Law will , being obliged to present a party at all the dyets of Process , and pay what should be decerned against him , if he did not produce him within Term of Law ; having produced the Party , and taken Instruments protesting to be free , he was found liberate , albeit at that same time the party produced an Advocation , and was not Incarcerate , seing the Baillies might have Incarcerate him , notwithstanding of the Advocation , February 20. 1666. contra Mcculloch . A Cautioner as Law will , not being both judicio si●ti & judicatum solvi , was liberate by puting the party in prison , though not judicially , when the cause was called , Iuly 10. 1666. Thomson contra Binnie . A Cautioner in a Suspension of a Bond , wherein there were five Cautioners , being distressed , having payed and obtained Assignation from the Creditor , was found to have accesse against the first four Cautioners , as if he had been Cautioner with them , allowing his own fifth part , February 3. 1671. Arnold of Barnkaple contra Gordoun of Cholme . A CEDENTS Oath was found to prove against an Assigney , being the Cedents Son in the same Family , having no ●eans of his own to acquire , and the Assignation being gratuitous , November 30. 1665. White contra Brown. CERTIFICATION was not sustained against the Writs granted to the Defenders Authours , but such as were called for , though the Writ were alleadged to be in his own hand , and these Authours fully Denuded , Ianuary 3. 1662. Hume of St. Bathin● contra Orre and Pringle . Certification was not admitted against the Letters and Executions of an Appryzing , there being no Reduction intented till 30. years thereafter , November 20. 1666. Blackwood contra Purves . Certification was not admitted against a Writ Registrate in the Register of Session , where the Extract was produced , albeit the principal was not produced , and there were pregnant evidences of Falshood ibidem . Certification contra non producta , was stopped upon producing , and offering to dispute that the Writs produced , excluded the Reducer , without necessity to the Defender to declare that he would make use of no more , and the Ordinary appointed to hear him thereupon , but if they sufficed not , he behoved with the next to produce all , or declare he would make use of no further , else Certification to be granted . December 7. 1667. Earl of Lauderdale and Wachop contra Major Bigger . Certification was refused against a Defender , producing an express Infeftment of the Lands in question , and the pursuer alleadging that they were part and pertinent of the Lands exprest in his Title , he was ordained first to instruct them part and pertinent , before the Defender was obliged to take a Term to produce , Ianuary 20. 1669. Hay Clerk contra Town of Peebles . Certification extracted was found not to terminate the Process of Improbation , but that in the same Process , the Pursuer obtained Witnesses examined as to the Forgery , in so far as it depended not on the inspection of the Subscriptions , and that upon production of Copies , the Principals having once been judicially produced before , by the Defender compearing , who now wilfully keepeth them up . November 9. 1669. Lady Towie contra Captain Barclay . Certification against a Decreet of Valuation , was found to have no effect against a Liferenter , publickly Infeft , not called , though she had no right to the T●ind , but only to the Benefite of the Valuation , to liberate the Stock of any further burden , Iuly 15. 1670. Major Bigger contra Cunninghame of Dankeith . Certification was found null by Reply , being in absence , and where the conclusion of the Summons , as it is related in the certification , was not in the Terms of an Improbation , and at the Kings Advocats Instance , there being likewise a Discharge of a Terms Feu-duty granted by the party having Right to the certification , which Term and Discharge were posterior to the certification , and did import a passing from it , and did Homologai● the Vassals Right , Iune 6. 1671. Steil contra Hay of Ra●ray . Certification contra non producta , was not Sustained at the instance of an Appryzer , against all Writs granted by him and his Authors Named , and their Predecessors , to whom they may succeed ●ure sanguinis , as to the Rights granted by these Predecessors , unless it be instructed that the said Authors were Infeft as Heirs to their saids Predecessors ; and that though Defenders be obliged passive , to produce all Rights made to them and their Predecessors , to whom they may succeed jure sanguinis , and so to produce before they be entered ; yet active they cannot insist for certification of Rights made by their Predecessors , as appearand Heirs to them , but as being actually Heirs and Infeft , and that an Appryzer was in no better case as to this , than if his Authors had been pursuing , and so he behoved to instruct that they were Infeft as Heirs to their Predecessors , Iuly 14. 1671. Dumbar of Baldoon contra Maxwel . Certification was not stopped , because there was none called to represent the Defenders Authors , upon whom they did condescend , unless they first produce their Rights from these Authors , thereby to instruct that they are Authors , and unless that these Authors be obliged to them in warrandice , the warrandice being the only ground of calling the Authors , that they might defend their Rights to shun the warrandice Ibidem . A CHARGE to enter Heir was not found necessary to a poynding of the Ground against the appearand Heir of the granter of the Annualrent , Ianuary 2. 1667. Oliphant contra Hamiltoun . CHIROGRAPHVM apud debitorem repertum , was found not only to extend to a Bond found by the debitor , but to an Assignation made by the Cedent , found by him , and Witnesse were not admitted to prove delivery , and instructing the Cedent to have the Assignation as Agent , December 13. 1666. Thomson contra Stevinson . CIRCVMVENTION was not Sustained upon a parties making bargain anent the boot of an ● Horse , though it was offered to be proven by the Defenders own Oath , that according to his own estimation , the Pursuer was lesed above the half , and that he was Minor , in respect of his Bond , bearing upon his oath and conscience , never to come in the contrary , given at that same time in his minority , and ratified after his Majority , Iune 23. 1669. Fairie contra Inglis . Circumvention was found instructed upon several pregnant evidences of fraud , and that not only against the circumveener , who obtained a Bond blank in the Creditors Name , but against a third Party , whose Name was filled up in the blank , he having acknowledged by his Oath of Calumny , that there were not equivalent sums due to him by the circumveener , the time that he delivered to him the blank Bond and filled up his Name ; but that he became Debitor to him thereafter in equivalent sums , whereof he could give no evidence even by his own compt Book , though he was an exact Merchant , and lived in the same place with the granter of the Blank-bond , who is commonly known to be a simple person , and the obtainer thereof a subdolus person , without asking the granter of the Bond , if he had any thing to object , whereof he should not accept of it , February 9. 1670. Scot contra Che●sly and Thomson . Circumvention was sustained to Reduce or aba●e a Bond made up of the Rate of the Exchange of Money , not agreed upon before the Money was advanced by the Merchant , but thereafter , the Merchant being intrusted , and gave up the rate of Exchange , much higher than he then● knew it was , but not upon the agreement before hand , although it had been far above the ordinary Rate , Ianuary 19. 1671. Dickson contra Grahame . CITATION on a Bill without the Signet , was sustained against a person dwelling in Edinburgh , though no member or dependent on the Colledge of Iustice , February 12. 1663. Earl of Southe●k contra Laird of Broo●●hal . Citation at the Mercat Cross of the Shire , with certification to be holden as confest , granted against a Defender absent , where the Messengers Executions bear , that he Charged the Defender at his dwelling House , and that he knew that he was within , but was forcibly holden out by his Wife , Iuly 1670. Lindsay and Swintoun her Spouse contra Inglis . A CLAVSE in a Bond whereby a Sum was payable to the Man and Wife , the longest liver of them two and their Heirs , which failing , the Mans Heirs , was found to constitute the Wife a Lif●erenter only , and that she could not uplift the sum , because the Heir was not concurring , and was Infeft , and behoved to concur , December . 10. 1661. Kinross contra Laird of Hunthil . A Clause in a Tack , that if two years duty run together unpayed , the Tack should expire , and renuncing the same in that case , with a Bond bearing much Duty resting , and if it were not payed by such a day , that the Master of the Ground might enter in Possession of the Land and Cropt br●vi ma●● , was found to exclude ejection and spuilzie by so entering without declarator . December 19. 1661. Dewar contra Countes of Murray . A Clause in a Missive whereby the Writer says ( I have sent you such a sum , and you shall have as much as long as you live , if you carry your self as you do now ) being questioned as a Postscript unsubscribed , written with the Parties own hand , at his Subscription , was not found null on that ground , but it being alleadged to import but a resolution , and not a promise , and that the Parties behaviour should only depend on the Writers opinion , without necessitating him to prove it aliunde ; The Lords assoilzied , Iuly 15. 1662. Wauchop contra Laird of Niddrie . A Clause obliging a party and his Heir-male , and all others succeeding to him , on this Narrative , that his Heir male had the benefite of his Estate , and the Heirs female excluded , were found to burden the Heir-male primo loco , and therefore behoved to be discussed first , or the Executors could be lyable , Iuly 22. 1662. Anderson contra Wauchop . A Clause destinating a Sum to be imployed for the Pursuer and his Heirs on Infeftment , was found Heretable quo ad creditorem , and to exclude the Wife and Bairns , but Moveable quo ad d●bitorem , and payable out of his Moveables , Iuly 22. 1662. Nasmith contra Iaffray . A Clause that an Heir-male should pay a Sum to an Heir female out of ●enements , was found personally to oblige him to pay , but only quo ad valorem , of the Tenements , and therefore time was granted to dispose thereupon for that purpose , December 2. 1662. C●●●k contra Clerk of Pit●ncre●●f . A Clause bearing such a quantity to be the just value of certain Aikers , was found not to be drawn in consequence to necessitate the same party to accept the like quantity of other Aikers lying run-rig therewith , December 18. 1662. Lord Balmerino contra Town of Edinburgh . The Clause of Command , hunding out , and Ratihabition in a Spuilzie , was found not to be inferred by giving the Messenger the precept of Poinding simply , but by sending him and other● Servants to a particular place extra territorium , which made the poynding Spuilzie , Ianuary 9. 1663. Mason contra Hunter . A Clause in a Bond providing a Sum to a Man and his Wife , the longest liver of them two in Conjun●●see , and the Bairns procreate betwixt them , which failzying , to two Bairns of his by a former Marriage , contaning also a precept for Infefting the Spouses , and the Bairns of the Marriage , which failzying , the two Bairns , &c. was found to constitute the Husband Feear , the whole Bairns of that Marriage Heirs of provision , jointly male or female , the two Bairns of the former Marriage Heirs Substitute , and that they behoved to be served Heirs and Infeft , there being an Infeftment before , and that the Seasine in quantum , to the two Bairns nominatim , though Bairns of this Marriage should ●ail , was not valide , Ianuary 14. 1663. Beg contra Nicolson . A Clause in a Disposition of Lands , bearing that it shall not be leisum to the Purchaser to alienate the Lands during such a Mans Life , and if he did in the contrary , to pay 10000. pounds for damnage and interest , ex pacto convento , was found not to be as a liquidate penalty , for the expences of the Failzi● to be pe●formed by and a●●our the principal obligement , but to be a liquidation of the principal obligement it self , and to resolve into an alternative Obligation , February 4. 1663. Laird of Philorth contra Lord Frazier . A Clause in a Bond bearing to pay the sum to the Lender or his Brother , was found not to give ground to use compensation against that Brother , to exclude the Lender himself , February 14. 1663. Robertson contra Buchannan . A Clause in a Bond whereby the sum was payable to the Man and Wife in Conjunctsee , and to the Bairns of the Marriage , whereupon Infeftment followed to the Man and Wife , was found not payable to the Wife till all the Bairns equally male or female were served as Heirs of provision in the annualren● , and Infeft and Renunced , February 14. 1663. Hay contra Morison . A Clause bearing to accept such a sum in case there were Bairns of the Marriage , was found to take place if there was a Bairn surviving the Mother never so shortly , February 17. 1663. Forsyth contra Patoun . A Clause in a Bond bearing a sum payable to Man and Wife and their Heirs , but not mentioning , which failzying , &c. was found to give the Wife the Liferent of the sum , but not both the Liferent and half of the Stock , though it bear no annualren● , and she was the longest liver , Iune 24. 1663. Scrymzour contra Murrays . A Clause in a Tack wherein the Tacks-man was to retain his annualrent , or to pay the Bolls at 20. shillings less nor the Feirs at his option , was sustained not as usury , or contrary the Act , Debitor and Creditor , November 23. 1664. Scot contra Laird of Barefoord . A Clause in a Contract of Marriage , providing a Wife to the annualrent of all Goods and Gear , Moveable and Immoveable , was found to exclude her from her third of Moveables , and that she could not both have the Liferent of the whole and a part of the Stock , December 20. 1664. Young contra Buchannan . A Clause in a Contract of Marriage , providing a Ioynture to a Wi●e , with condition that she should restrict her self to so much less in favours of the Bairns , and that the superplus should pertain to the Bairns for their Aliment ; This restriction was found not to be from the Father , but from gratuity of the Mother , the whole Ioynture being no more than proportionable to the condition of the parties , and so not to be in defraud of the Fathers Creditors , November 16. 1●●5 . Wat contra Russel . A Clause obliging a Father and his Heirs of the first Marriage , which failzying his other Heirs to pay to the Bairns of a second Marriage , at such an age , such s●ms , was found to give no Right to the Assigney of them who attained not to that age , so soon as they would have been of that age , if they had lived , but that it was dies ●ncertus qui pro conditions habet●r , and accresced to the rest , and the H●●● of the first Marriage failzying , never being entered Heir , the Heir of the second Marriage had no share as Heir of that Marriage , but was excluded as Debitor in the Clause , February 17. 1665. Edgar contra Edgar . In Clauses conceived passive , the contracters are understood obliged , though they do not nominatim oblige themselves February 22. 1665. Mowat contra Dumbar of Hemprigs . A Clause in a Bond obliging many parties conjunctly and severally , without a Clause of Relief , was found to import mutual Relief , ex natura rei , Iune 28. 1665. Monteith contra Anderson . A Clause in a Contract of Marriage , obliging the Husband and his Cautioner , that so soon as he should receive the Tocher from the Wifes Father , the same with so much more should be imployed for the Wi●es Liferent use , was found valide against the Cautioner , 40. years after the date of the Contract , without necessity to instruct that the Tocher was payed , seing it was the Husband and Cautioners ●ault that it was not demanded , and now it cannot , because Prescription was run , Iuly 5. 1665. Mackie contra Steuart . A Clause in a Bond obliging a Cautioner as Sure●y and full debitor , was found to make the Cautioner lyable for the whole Sum , and not for the half only , though it bear not conjunctly and severally , Iuly 5. 1665. Dumbar contra Earl of Dundi● . A Clause in a Bond obliging to pay the price of Wine according to the conditions agreed on , was found to burden the Debitor to prove the conditions , or to pay the common Rate of Wine , but it was found probable by Witnesses , Iuly 29. 1665. Dowglas contra Cowan and Russel . A Clause providing a Tocher to the Husband and Wife , the longest Liver of them two in conjunctsee and Liferent , and to their Bairns in Fee , was found not to constitute the Man and Wife Naked Liferenters , but to have power to alter the Substitution , seing there were no Bairns existent at that t●me , D●●●mber 12. 1665. Pearson contra Mar●●e and his Son. A Clause in a Letter whereby three parties obliged them to pay such Bills as the bea●er would draw for Cows that he should buy for their use , he having drawn a Bill upon them or any of them , each of them was found lyable accordingly in solidum , December 20. 1665. Mcl●●d contra Young and Giffan . A Clause in a Bond bearing a sum payable to two brethren , or failing the one , to the other , being a mutual Substitution , was found not jure accrescendi to belong to the Surviver , but 〈◊〉 Heir Substitute to the Deceassing , without Children , yet so as not to be lyable as Heir in solidum , but quo ad valorem , Iuly 3. 1666. Fleming contra Fleming . A Clause in a Writ bearing a Narrative as a Testament , and leaving such a 〈◊〉 Heir and Donator to such Tenenements , and Assigning him to the Evidents , with power to him after return to Recal , was found effectual though not formal to inforce his Heir to perfect the same , Ianuary 31. 1667. Henrison contra Henrison . The same was renewed upon full debate , November 4. 1667. and the being of the Writs in the granters hands after his Retu●n , was found a sufficient Evidence of Recalling it , but its coming back in the hands of the other party , was found not sufficient to Revive it , but they were ordained to instruct how they came by it , whether as delivered back again by the Granter , or found amongst his Papers , November 14. 1667. inter cosdem . A Clause obliging a party to pay such a sum , as being the Annualrent of such a sum , without any obligation for paying the principal exprest , was found not to imply an obligement to pay the principal , as acknowledged due , but was found to constitute the Annualrent perpetual , and not for the Womans life , though it exprest not Heirs and Assign●ys , February 2. 1667. Power contra Dykes . A Clause in a Bond bearing a sum to be lent by a Father for himself , and as Administrator for his Son , a●d payable to the Father , and after his decease to the Son , but bearing that it was the Sons own Money , not expressing how or from whom it came , was ●ound to constitute the Son Feear , and the Father Naked Liferenter , February 14. 1667. Campbel contra Constantine . A Clause disponing Lands , was found to carry the Miln , if the Lands were a Barony , or if the Miln was not exprest in the Authours own Right , otherways that it could not pass as part and per●inent , February 15. 1667. Countess of Hume contra Tenents of Oldcambus and Mr. Rodger Hog . A Clause in a Contract of Marriage , whereby the Husband is obliged to take the conquest to the future Spouse in Conjunct●ee , and the Heirs betwixt them ▪ Which failing , the Heirs of the Mans Body , which failing , the Wifes Heirs whatsoever , was found not to constitute the Wife Feear , upon the ●ailing of Heirs of the Mans Body , but the Husband , February 20. 1667. Cranstoun contra Wilkison . A Clause in the dispositive part of a Charter Cum privilegio piscaudi in aqua , &c. was found not to be a sufficient Right of Salmond-fishing , unless Salmond-fishing had been thereby posses● forty years without interruption , and so it is only a Title for Prescription , February 27. 1667. Earl of Southesk contra Laird of Earlshall . A Clause in a Bond bearing sums to be payed to a Man and his Wife , and their Heirs , bea●ing Annualrent , though no Infeftment followed , was found to give the Wifes Heirs no share , seing the Money appeared not to have been hers , and was presumed to be the Mans , and he surviving did Revock the Substitution , as a Donation betwixt Man and Wife , Iune 19. 1667. Iohnstoun contra Cuninghame . A Clause in an Assignation by a Father to his Daughter , bearing a power to alter during his Life , was found not to take effect by an Assignation to a third party , who instantly granted a Back-bond bearing his Name was but in trust to do diligence , and obliging himself to denude in favours of the Father his Hei●s and Assigneys , but was not found to operate for the Fathers Heir , but for the Daughter his Assigney , Iuly 17. 1667. Scot contra Scot. A Clause in a Tack setting 14. A●kers of Lands presently possest by the Tacks-man , was found not to limite him to 14 ▪ Aikers of any present Measure , seing he had possessed still since the Tack these 30. years , albeit it was alleadged that besides 14. Aikers , there were six Aikers severally ●enned and possest by different persons before that Tack , Iuly 19. 1667. Dae● contra Kyle . A Clause in a Bond bearing a sum borrowed from Husband and Wi●● , and payable to the longest liver of them two in Conjunctfee , and to the Heirs betwixt them , or their Assigneys , which failing to the Heirs or Assigneys of the last liver , was found to constitute the Husband Fe●ar and the Wife Liferenter , albeit she was last liver , and the Heirs by the last Clause , were but Heirs of provision to the Husband , in case the Heirs of the Marriage failed , Ianuary 26. 1668. Iustice contra Barclay his Mother . A Clause in a Bond whereby a Woman obliged her self to enter heir of Line to her Father , and to resign certain Lands in favours of her self and the heirs of her body , which failing to the heirs of her Father , and obliged her self to do nothing contrary to that Succession● whereupon Inhibition was used before her Marriage , was found effectual against her and her Husband whom she Married thereafter , and disponed the Lands to him and his heirs , as being a voluntar deed , without an equivalent cause onerous , albeit by the said Bond of ●ailzie , the heir of provision beh●ved to be the heir to the Woman her self , without discussing whether deeds done for causes onerous , without collusion , would be effectual against the said heir of provision , Ianuary 28. 1668. Binn●● contra Binnie . A Clause in a second Contract of Marriage , that the heirs of the Marriage should have right to Tacks acquired during the Marriage , was found to extend to a new Tack obtained of Lands , then possessed by the Father , unless he had a Tack thereof before in Writ , which if not expyred , the new ▪ Tack would not be esteemed conquest , if the new Tack were given for the old , Iuly 3. 1668. Frazer contra Frazer . A Clause in a Testament , leaving a Legacy to a second Son in satisfaction of all he could befal by his Fathers deceass , was found not to be in satisfaction of a debt due by his Father to that Son , as having uplifted a Legacy left to him by his Mothers Father , both not being above a competent provision by a Father in his condition to his Son , December 15. 1668. Win●●●am contra Eleis . A Clause in a Contract of of Marriage , providing all the Husbands Goods and Gear acquired during the Marriage , to the Wife for her Liferent use , was found to be with the burden of the Husbands debt , and only to be meaned of free Gear , and not to exclude the Husbands Creditors at any time contracting , December 23. 1668. Smith contra Muire A CLAVSE OF CONQVEST in a Wifes Contract of Marriage , who was competently otherwayes provided , was ●ound to carry the Lands conquest , with the burden of a sum , which the Husband declared under his hand to be a part of the price , though the same would not hold in the burdening of heirs of conquest , December 20. 1665. Lady Kilbocho contra Laird of Kilbocho . This sum was due to the Seller of the Lands and exprest . A Clause of Conquest providing the Goods to be conquest and acquired during the marriage to the Children of a second Marriage , was found to be understood of the Goods as they were at the Defuncts death , and that he might dispone of , or burden them during his life at his pleasure ; and therefore a Bond granted to the Children of the first Marriage , was found valide against the Children of the second Marriage , to affect the Goods acquired during that Marriage , February 9. 1669. Cowan contra Young and Reid . A CLAVSE IRRITANT in a Reversion being committed , was found not to be null but to be restricted to the damnage of the Granter , so that if the Wodsetter would give as much , or had offered the same before the Reverser had closed bargain with another , the clause irritant would be sustained , the Wodsetter paying in the superplus , February 12. 1667. Earl of Tillibardin contra Murray of A●chter●yre . A Clause irritant in a Back bond after a Reversion discharged , bearing that in payment of such sums , the Acquirer should denude himself , it being done within such a time , and if not then done , to be null ipso facto , without declarator , was found not to exclude Redemption after that Term before declarator , which was found necessary in this case , February ● . 1667. Inter ●osdem . A Clause irritant on not payment of the Back-tack-duty , was found not to be comprehended in that clause of the Act Debitor and Creditor , November 26. 1662. Sawer contra Rutherfoord . A Clause irritant on not payment of the Back-tack-duty , was found valide , unless purged by payment at the Bar , Ibidem . A CLAVSE OF SVBSTITVTION in an universal Legacy , providing the Fathers free Goods to two daughters , and falling of either of them to the other , the one dying , the portion was found to accresce to the other , without necessity of her confirming her deceassed Sisters Testament , ●ure accrescendi , December 5. 1665. Helen H●● contra Maxwell . A Clause of Substitution upon the Margent of a Bond contrary the Substitution in the Body , to wit by the Gran●er of the Bond himself , who exprest that he had filled up the date and Witnesses , and mentioned not that he had filled up the marginal Note , And the Witnesses insert deponing that they remembered not that they did see that marginal Note , though holograph , was not found to be of the date of the Bond , nor of any date before the Granter thereof was on death-bed , therefore on all these Grounds joyntly it was found null as to the heir , here the parties had accorded , February ●8 . 1667. Laird of Dury contra ▪ Gibson . A Clause of Substitution in an Assignation to a Bond of 6000. merks , whereof 4000. merks to the Cedents eldest Son , and 2000. merks to Wiliam and Ianet his youngest Children , and in case of the eldests deceass , providing the other two to his part , Ianet dying before Robert , and he also dying after without Issue , Ianets heir was found to succeed as heir of provision to Robert , in her half of his part , though she dyed before Robert , and the clause did not substitute her and her heirs , but only mentioned her self , Ianuary 5. 1670. Innes contra A Clause in a Bond to be comptable for the profite of an Office , and stating such a party Iudge in case of difference , was found to be an effectual submission , not only as to the subscriber , but as to the accepter , and not to terminate with a year ▪ and to this effect , if that person determined not being required , or determined wrong , the Lords would hear and rectifie the accompts themselves , February 3. 1669. B●s●wel contra Lindsay of Wormistoun . A CLAVSE DE NON ALINANDO , otherways the contraveeners right should be void , and the next heir have place , being insert in the original Charter and Seasine , ad longum : and also i● the heirs Re●our and Seasine , was sound to annul the Contravceners Infe●tment , in favours of the next heir , and in consequence to annul the Rights of appryzings from that heir , February 26. 1662. Viscount of S●●rmount contra the Credi●ors of A●nandal● . A Clause in a Disposition of Tailzie de non alienando , in common form , with this addition , that it should be leisom to the Feear and heirs of Tailzie , to sell , di●pone , or Wodset such of the Lands ●ominatim , to affect and burden the same for payment and satisfaction of the Disponers debt● This addition was not found to restrict the Feear , or heirs of Tailzie , to dispone only so much of these Lands as w●re sufficient to pay the Defuncts debts , the Clause not running in these Terms , but that they might dispone the whole ; so that the Disponers debt were paid therewith , and needed not alleadge that the debt was as great as the price they got , lanuary 20. 1669. Lady Kilbirnie contra the heirs of Tailzie of Kilbirnie and Schaw of Gr●●nock renewed , F●bruary 3. 1669. Inter cosdem . A Clause in a Bond obliging many parties con●unctly and severally , without a clause of Relief , was found to import mutual Relief ex natura re● , Iune 28. 1665. Mon●●th contra Anderson . COAL was found to be carried by the common clause of pertinents , against a party expresly in●e●t in the Coal-heughs of the Lands , Ianuary 30. 1662. Lord Burly contra Sym. COGNITION of Marches betwixt Vassals by Witnesses adduced before the Sheriff , or by Arbiters , was found valide , albeit the Superiour was not called , nor consenting , but so that the Superiour should not be prejudged in case the Fee fell in his hand by Ward or Nonentry , February 8. 1662. Lord Torphichen contra A COLLEDGE was found not excluded from setting long Tacks , as being comprehended under beneficed Persons , but their obligement to renew a Tack perpetually , was found not obligatory , unless there were an equivalent Cause onerous , for which the obligement was granted , Iuly 13. 1669. Colledge of Ab●rdene contra the Town of Aberdene . COMMAND or Warrand of a Servant , taking off Furniture in his Masters Name , was presumed to have been known to the Merchant , and not to oblige the Servant , though he gave Ticket acknowledging the Receipt in his Masters Name , but not obliging himself to pay , being pursued thereon after 19. years , and after his Masters death , unless it were proven by his oath that he had no Warrand , or applyed not the Goods for his Masters use , November 17. 1665. Howison contra Cockburn . Command or direction was found probable by Witnesses , being a part of a Bargain for Grassing an Horse , Ianuary 29. 1667. Scot contra Gib . Command or Warrand was in●e●●ed by the presence of him who had Commission to do an Act , and did not hinder or contradict the doing thereof by others , who therefore were presumed to have Warrand from him , February 23. 1667. Lord Ren●oun Iustice Clerk contra Laird of Lambertoun . THE COMMISSARS OF EDINBVRGH were not found to have right to confirm the Testament of a Defunct dying out of the Countrey on a Voyage , not being away animo remanendi , this was stopped till further hearing on the Petition of the Commissars of Edinburgh , November 23. 1661. Dowglas contra Iohnstoun . A Commissar was found obliged by the Injunctions to reside at the place of the Commissariot , albeit he had power of deputes , that he might direct them , being answerable for them , and that under the pain of deprivation , February 14. 1666. Arch●bishop of Glasgow contra the Commissar of Gl●sgow . A Commissar was foun● deposable if he be not found sufficient for discharge of the Office in his own person , albeit he have the power of Deputes , Ibidem Inter ●osdem . A Commissar having power to constitute Deputes by the Kings Gift , and the former Arch-bishops , was found ●●ereby not to have power to make use of any Deputes , but such as were authorized by the Bishop , conform to the injunctions ; but whether Deputes might be authorized pro re na●a , only in the cases of Sickness , or dec●arator mentioned in the injunctions , or in other cases also , so that there might be a constant deputation for things in ordinary course in Process , and to advise with the principal Commissa● in matte●s of importance or not : The Lords recommended to the Bishops in common , who made the injunctions , to clear the parties thereanent ▪ But found that the Commissars none-residence , or acting by his own deputes , albeit he was required in the co●trary did not annul his Office , i● respect of his Gift , with power of deputation , and of the common custom of Bishops to grant deputations that way ; but as to the future , seing the King had approven their Instructions , The Lords ordained them to be insert in the Books of Sederunt , and to be observed in all time coming , February 22. 1666. Inter eosdem . The Commissars of Edinburgh were found to have right to Confirm the Testaments of Scots-men dying abroad ani●● r●manendi , as to their Moveables in Scotland , and that they might be confirmed , and pay Quot here , Iuly 18. 1666. Brown and Du●● contra Biss●t . A Commissars Decreet was not found null , as being of matters exceeding the injunctions , the Defender not compearing , and the probation being lost by the Suspenders silence ten years , yet the Lords allowed the Defender a contrary probation , Iune 25. 1668. Black contra 〈◊〉 . The Commissars of Edinburgh upon a pursuit for Slander and Defa●ation , having dece●ned the Defender to make an acknowledgement before the congregation , and to pay 100. pounds Scots to the party , and another to the poor , The Lords Sustained the Decreet , February 5. 1669. Deans contra Bothwel . A COMMISSION or Factory was found Revockable , though it had an express Term of endurance , the Factor being satisfied of what he profitably debursed in contemplation of the Factory , Iune 30. 1660. Chalmers con●●● Baffilli● . A Commission in a Minute impowering the buyer of Land to retain the price till he were secured , and to Infeft the seller and himself , and do all things necessary for his secu●●●y to be satisfied by a part of the price , was found to oblige him to do no diligence , December 16. 1668. Frazer contra Keith . COMMODATVM , or the lending of Canons for defence of a Town in these Terms ( to restore them without hurt , skaith , or damnage , and in case of damnage to pay ●00 . merks for them as the price agreed on ) was found not to oblige the borrower to pay the price , where the Cannon were taken by the Enemy , all diligence being done to preserve them , and that the peril was the Lenders , and that this was not commodatum estimatum , giving the borrower his option to restore or pay the price , but only a liquidation in case of damnage , November 17. 166● . Duncan contra Town of Ar●roth . Comm●datum , or one lending a Watch to one who put forth his hand for it without words , was found sufficient to oblige him to restore it , though just then lending it to another , not to liberate him , though in the presence and silence of the first Lender , seing it was so sudden an Act , as his silence could not be thought nor esteemed a consent , Iuly 3. 1662. Lord Cowper contra Lord Pitsligo . COMMON PASTVRAGE was found relevant by a clause cum comm●ni pastura in general , and 40. years possession , to come in with another having a clause of common pasturage in the Muire in question per expressum , November 14. 1662. Nicolson contra Laird of Balbirnie . Common pasturage in a Commonty of a Barony of the Kings property , was found constitute by a Fe● cum pertinent : & ●um pas●●●s & pasturis , though not special in this Muire , being then a Common●y of the Barony , February 15. 1668. Laird of Haming contra Town of Selkirk . Commonty was found inferred upon mutual declarators of property of two parts of a piece of Ground upon their Ma●ch , wherein either party proved 40. years possession , and mutual interruptions , and though the one proved more pregnantly then the other , yet it was not sufficient to exclude him , neither party having a bounding Charter , Iune 13. 1668. Giabs●n contra Oswald . COMPENSATION was found not competent to the Debitor of a Defunct , taking Assignation from the Creditor of the Defunct , after the Defuncts death to exclude an Executor Creditor , albeit the Assignation was anterior to the Confirmation , at least any diligence of the Executor Creditor , February 8. 1662. Crawfoord contra the Earl of Murray . February 14. 1662. Children of Mouswal contra Lowrie of Maxw●lstoun . Compensation against an Assignay was sustained on debts due by the cedent to the debitor himself , or whereunto he had Assignation intimat before the Assignays intimation , but not for debts whereunto he had taken Assignation , but had made no Intimation before this other Assignay did intrtimat , Ianuary 22. 1663. Wallace contra Edgar . Compensation of an illiquid Number of coals , was found not receivable to take away a liquid Decreet , here they bear a price far above the ordinary rate , which behoved to be modified , Ianuary 17. 1664. Laird of Tulliallan and Condie contra Crawfoord . Compensation was sustained upon Rents liquidat against the principal debitor , before the Assignation , which was found sufficient against the cautioner , whose Right was accessory , albeit not called in the Decreet of Liquidation , Iune 24. 1665. Irving contra Strachan . Compensation against one of four Executors was sustained upon a debt of the Defuncts , not only as to that Executors fourth part , but in solidum , being equivalent to a discharge , Iun● 15. 1666. Stevinson contra Hermasheills . Compensation was found not competent against a Bond delivered , being blank in the Creditors Name , and by the Receiver , for an equivalent cause , delivered to a third party , who was found not to be compensed by any debt of him who first received the Bond , though prior to the filling up of the Name , February 27. 1668. Hendrison contra Birnie . Compensation was sustained against the bygones of an Ann●alrent by Infeftment against a singular Successor , upon his Authors liquid debt , Ianuary 2. 1669. Oliphant contra Hamiltoun . Compensation was Sustained against a Donator of Escheat upon a debt due by the Rebel before the Rebellion , Ianuary 2● . 1669. Drummond contra Stirling of Airdoch . Compensation of a Bond by Rents , was sustained to take Effect , not only from the date of the Decreet , Liquidating the Rents , but from the time the Rents were thereby proven to ●e due , February 5. 1669. Cleiland contra Iohnstoun . COMPETENT AND OMITTED , was ●ound Relevant as to Decreets of Suspension , since the Act of Sederunt 1649. and that a reason then past from in a Suspension pro loco & tempore , could not in eodem statu be repeated against that Decreet , or Appryzing thereon , especially seing the Appryzing was not expyred , and might be Redeemed , Iuly 17. 1664. Laird of Tulliall●●● and Co●die contra Crawf●ord . Competent and omitted , was not Sustained against Strangers in Decreets against them before the Admiral , Iuly 23. 1667. I●rgan contra captain Logan . A COMP● sitted , and bearing at the foot such a Sum resting , not mentioning the Instructions of the Accompt , or delivery thereof , was found not to make the Debitor lyable to produce the Instructions , or compt again , unless it were proven by Writ , or his Oath , that the Instructions were in his hand , albeit a considerable Article of the Accompt was general , bearing paid for the Pursuer to his Creditors 20000. pounds , and though the foot of the Accompt was ●xhausted by debts paid upon Precepts from the Creditor , after that Accompt , December 17. 1667. Lord Abercrombic contra Lord Newwaak . A COMPT BOOK of a Factor in Campheir , being proven ●o be unvitiate , or Written by the Factor , or a known Book-keeper , and Sequestrat before any question , was found to prove against the Factors Brother and Assignay , even quo ad datam , being instructed by the oaths of the Debitors , who paid conform to the Articles in the Book , Iuly 19. 1662. Skeen contra Lumbsdean . Renewed Ianuary 9. 1663. Inter eosdem . A Compt Book Written by the hand of a person of discretion , was found sufficient to prove payment of his Rent against his Executor Creditor , but the Tennent being on Life was ordained to depone on the Truth of the payment , November 20. 1662. Wardlaw contra Gray . AFTER CONCLVSION of the Cause , a Reply instantly verified , and not putting the Defender to prove , was admitted , but a duply do●ose omitted before L●tiscontestation , and not being instantly verified , the same was repelled , albeit there was a Reservation contra producenda ; this alleadgeance was upon part and pertinent of the Lands contained in the Infeftment produced , December 10. 1664. Lyon of Mur●a●k contra Farquhar . After conclusion of the cause in a Reduction , the same was found not to be advised till some representing some of the Authors , who died pendente li●e , were called , Iuly 14. 1666. Le●th contra Laird of Lessemore , Troup and others . CONFESSION to the Church , and standing a year was found not to prove Adultery , to 〈◊〉 infer the parties Escheat , Ianuary 9. 1662. Baird contra Baird . Here the Defender had taken Remission . CONFIRMATION of Exchequer to a particular effect in so far as concerned the obtainers base Infeftment , granted by him who was Infeft , but not confirmed , was found valide only ad istum effectum , and not to accresce to any other , Ianuary 16. 1663. Tennents of Kilhattan contra Laird of Kelhattan , Major Campbel and Baillie Hamiltoun . Confirmation and paying of the Quote was found necessary , though there was a Disposition omnium bonorum , without a cause onerous , or any delivery , Iune 23. 1665. Procurator Fiscal of of Edinburgh contra Fairholm . Confirmation and Quote was not excluded by a Disposition omnium bonorum , with a Reservation to the Disponer , that he might dispose thereupon otherwise during his life , Iuly 4. 1665. Commissar of Saint Andrews contra Hay of Bousie . Confirmation of a Scots-mans Testament , who lived animo remanendi in Polland , was found necessary in Scotland , by the Commissars of Edinburgh , Iuly 18. 1666. Brown contra Duff and Bisset . Confirmation of a Testament wherein the division of the whole Inventar was tripartite , and yet much of it was Sums bearing annualrent , wherefrom the Relict is excluded , was found to need no Reduction , as to that division , but that notwithstanding thereof , the Relict was excluded by Reply , Ianuary 18. 1670. Doctor Bal●oure and his Spouse contra Wood. Confirmation Vide Homologation . Confirmation of an Annualrent granted by a Vassal to be holden of the Superiour , was found not to take away any casuality belonging to the Superiour , but that the same might be made use of against that Annualrent , as communicating only a part of the Vassals Fee , but no interest of the Superiority , Ianuary 14. 1670. 〈◊〉 of Kirkaldy contra Duncan . CONFVSION was found not sufficient to take away an Adjudication against an appearand Heir on his own Bond assigned to himself , and so simulate , which was found a Ground to Reduce by , but not to annul the Bond , or Adjudication , or make the Defender lyable as Heir , Ianuary 22. 1662. Earl of Nithisdail contra Glendoning . CONIVNCTFEEARS Vide clause in a Contract of Marriage , Iuly 12. 1671. Gairns contra Sandilands . CONQVEST VIDE CLAVSE . CONSENT of parties to a Decreet judicially , was found not sufficiently instructed by the Decreet , in respect there was a Minute of Process , by which it appe●red that the said consent was not Minuted de recenti , but half a year thereafter , upon remembrance of the Iudges , Iuly 24. 1661. Laird of Buchannan contra Osburn . Consent of a Minister to quite so much of his Stipend to an Helper , was found not proven by an Act of Presbytery without a Warrand subscribed by him , Iuly 26. 1661. Ker contra Minister and ●arochioners of Carrin . Consent to a March and building a Park-dyke thereon was found not sufficiently proven by the building of the dyke , and silence of the other Heretors , Ianuary 8. 1663. Nicol contra Hope . Consent was inferred by subscribing as Witness to a Writ on death-bed , to take away the Reduction on death-bed , which the Witnesses could not but know , seing the sick man subscribe without Importing his consenting to the contents , as in other cases , Iune 25. 1663. Steuart of Ashcog contra Steuart of Amholme . The like , Iuly 24. 1666. Halyburtoun contra Halyburtoun . Consent of a dumb Man , was not inferred by his Subscription of a Discharge given to his Sister , whereunto he put the initial Letters of his Name , seing nothing was adduced to instruct that he knew what he did , Iuly 9. 1663. Hamiltoun contra Ethdale . Consent of a Wodsetter in a Disposition with the Reverser , was found not to carry his Right , seing he assigned no part of the Sums ▪ and that it only imported the Restricting of his Wodset to the remanent Land , and Renuncing the rest , Iuly 4. 1665. Boyd contra Kintor . Consent was not inferred by knowledge and silence , in that a future Husband knew his future Spouse had disponed a part of her Ioynture , and yet went on in the Marriage , Ianuary 5. 1666. Heretors of Iohns-miln contra the Fewers . Consent to a Diiposition of a Wodset Right , which Dis-Position disponed the Lands , but neither exprest under Reversion , or Irredeemable , which consent was found not to take away the Reversion from the consenter , who then had no present Right , the Reversion being conceived to another person , and the Heirs of his Body , which failing to that consenter , and that person being then alive , so that the consenter falling thereafter to be Heir of Tailzie in the Reversion , was not excluded by his consent from Redemption , February 23. 1667. Earl of Errol contra Hay of Crimmonmogate . Here the consenter was not obliged for Warrandice . Consent without Warrandice to a Disposition , imports only such Right as th● consenter then had , but for no other supervenient , Ianuary 8. 1668. Forbes contra Inne● . Consent of a Superiour to a Wodse● and Eke , was found to carry the Liferent Escheat of the Vassal then in the Superiours hand , and to exclude a gift by the Superiour of the same date with his consent , seing the gift required declarator to make it effectual , and the consent 〈◊〉 not , Iune 19. 1669. Scot contra Langtoun . Consent of parties to a Decreet of the Lords , bearing the particular Terms of an agreement , and a Decreet thereupon Extracted , the same was Sustained in respect of the offer of a Disposition by the Accepter , who now quarrelled , the Decreet as having a Warrand for his consent , under his hand the offer being simple , provided the same were instructed by the Oathes of the Witnesses insert in the Instrument of offer , February 4. 1671. Lawrie contra Gibson . CONSIGNED SVMS cannot be aff●cted by arrestment or Escheat for the consigners debt , but belong only to the Wodsetter , Iune 29. 1661. Telz●●er contra Maxtoun and Cunninghame . Consigned sums in the hands of the Clerk to the Bills , for obtaining Suspension , was found not to be upon the peril of the consigner , unless he were in the fault ; and therefore the consigner having first o●●ered by Instrument the principal sum and Annualrent , and so much of the penalty as the charger would depone upon Oath that he truely debursed , and the instrument being instructed by the Oaths of the Witnesses insert , the consigner was declared free ▪ though the then Clerk of the Bills was become insolvent , Iuly 28. 1665. Scot contra Somervel . Consigned Sums being lifted by the consigner , he was found lyable to produce the same with Annualrent , since he lifted the same , though he offered to depone he had keeped them by him and had made no profi●e , and that the consignation was not by his fault ; Ianuary 14. 166● . Mcpherson contra Wedderburn of Kingeme . Consignation being truely and formally made , and the Wodsetter truely in the fault , that received not his Money , he was only found to have right to his Annualrent after the consignation , and not to the Rents of the Lands , though he continued five years in possession before declarator , and that the Sum was taken up by the Redeemer , upon whose peril the consignation was , being now produced by him at the Bar , with Annualrent since the consignation , February 24. 1670. Ierd●●n of Applegirth contra Iohnstoun of Lockerbie . Consigned Sums for Redemption being taken up , and Annualrent craved therefore since the consignation , the taking up thereof was found probable by the consignator and clerks oaths , the consigner being dead , February 14. 1671. Inter eosdem . CONTINVATION was not found necessary in a declarator of Redemption , though not instantly verified , February 19. 1662. children of Wolm●t contra Ker. Vide Improbation , Laird of Auchinbreck contra Continuation was found necessary in Summonds , for making Arrested Goods forthcoming , albeit accessory to a Decreet , seing they were not priviledged by deliverance , as they would have been upon that ground , if it had been demanded in the Bill , November 28. 1665. Bruce contra Earl of Mortoun . Continuation was not found necessary to a declarator of Bastardy , but that in favorem fisci , upon a single Summonds it might be proven , that the defunct was repute Bastard , as in declarators of Nonentry , the death of the Vassal may be proven without continuation , Iune 15. 1670. Livingstoun contra Barns . A CONTRACT was found effectuall to a third party not contracting , in whose favours an article to pay the debt due to him , was found sufficient , and not to be discharged by the contracter , seing the bargain followed , Iuly 7. 1664. Ogilbie contra Grant and Ker. A contract of Marriage , by which the Wife declared her self to have a Sum , and contracted the Sum to the Husband , was found to give her no interest to the implement of the Husbands part , till she instructed her part to be fulfilled , which was not presumed to have been performed , though after a long time without some Adminicles , Iuly 26. 1665. Brotherstones contra Ogle and Orrock . A contract of marriage bea●ing a general clause whereby the Husband renunceth his jus mariti , in the means of the Wife , and all other Right he could have thereto by the subsequent Marriage , was found not to take away a Right granted before the contract , whereby in contemplation of the Marriage , the Wife disponed her Liferent in Trust , and took a back-bond , that the benefite of it should be for intertaining the Wife and her future Husbands Family joyntly , both being esteemed as parts of the same Treaty of Marriage , and the general clause in the contract of Marriage , not to be derogatory thereto , February 9. 1667. Ratho and Colingtoun contra Tennents of Inn●rtil● and Lady Collingtoun . A contract of Marriage providing the Moveables of either party to return after the Marriage , in case there were no children , was found effectual to the Wifes Assignays , and that the same did not return to the Husband by his jur marit● , or was not inconsistent therewith , Iune 30. 1670. Greig● contra Weims . A contract of Marriage by minute , being craved to be declared void , as to the payment of the Tocher , because the mutual obligements therein could not be fulfilled . The Lords liberate the Pursuer , he Renuncing the obligements on the other side , Iuly 13. 1670. Raith and Wauchop of Edmonstoun contra Wolmet and Major Biggar . A contra●t of Marriage whereby a Father disponed his whole Estate in Fee to his Son , and got the Tocher , was ●ound not to annul a Bond of provision , granted by the Son to the Father for his Bairns provisio●s , after the Contract and before the Marriage , as contra pacta dotalia , but upon Examination of the Witnesses , it being found communed , that the Tocher should suffice for the Bairns Provisions , and that by the new Bond , there would little have ●emained to the Married persons : The Lords Reduced the Bond , Ianuary 21. 1668. Patoun contra Patoun . Contract of Marriage vid. Clause . IN CONTRARY alleadgances of Minority and Majority , neither party was preferred to Probation , but Witnesses and Adminicles were admitted hinc ●nde , that the Lords might follow the strongest , and clearest Probation , February 20. 1668. Farquhare of Tonley contra Gordoun . CONTRAVENTION was Sustained upon several times Herding , for a considerable space together , by the Defenders Herds at his command , on the Pursuers Ground uncontroverted , reserving to the Lords whether to make every special Pasturing , a several contravention , or one made up of all at the conclusion of the cause , Iuly ● . 1664. Earl of Airly contra Mcintosh . A CREDITOR personal , was found to have no interest to compeat to exclude another Creditor , alleadging his debt payed , Iuly 24. 1662. Shed contra Gordoun and ●yle . A CROPT of Corn was ●ound not to be as a part of , or accessory to the Ground , or as sata solo cedunt solo , so that after Possession attained by Removing , against a violent Possessor warned , the cropt on the Ground was found not thereby to belong to the Heretor entering , even as to that part thereof , which was sown after the Warning , but as to what was sown after the Possessor was dispossed by the Removing , and his Goods off the Ground , the corn was found to accresce to the Heretor , by paying the expense of the Seed and Labourage , as Eatenus locupletior factus , February 22. 1671. Gordoun contra Mcculloch . IN CRVIVES no necessity was found for the stream to be continually free besides the Saturdays slop , but that the same is commonly in desuetude , and particularly in the Cruive in question , notwithstanding that it be speciall in the Act of Parliament , Iuly 29. 1665. Heretors of Don contra Town of Aberdene . A CVRATORS Decreet obtained against him by a Minor , for Liberation of the Curator from his Office , upon consent of the Minor , and his alleadged irregularity , was ●ound not to Liberate that Curator from his Office , even for Omissions after the Decreet , Iuly 21. 1664. Scot of ●road-meadows contra Scot of Thirlestoun : But with consideration of the irregular forcible Acts , that he should not be lyable therefore , but liberat pro tanto vide Minor. Ibid. Curators being chosen three in number , or any two of them , the Mother being sine qua non , and she being dead , the Pupil was found sufficiently authorized by the other two , he appearing judicially , and acknowledging the same , Ianuary 4. 1666. David and Andrew Fairfouls contra Binn●● . Curators , or a Father as lawful Administrator , authorizing Minors , or Children to their own behove , being Ca●tioners for , or with them , was found null , December 7. 1666. Sir George Mckenzie contra Fairholme . CVSTODY of Money was found to liberate the Keeper , where his whole means were sent for safety to a Garison , and there lost , and he being required to deliver the Money in custody , declared that it was there , and the owner might have it for sending for it , without special probation as to the Money in question , he giving his Oath in Supplement that it was there , and was lost , Iuly 19. 1662. Fiddes contra Iack , vid. Novemb. 16. 1667. Whitehead contra Stra●to●n . DAMNAGE of a Tenement by the fall of a Neighbour Tenement , was found competent against an Appryzer of a Liserent of the fallen Tenement , possessing thereby , February 16. 1666. Hay of Knockc●ndie contra Litlejohn . Renewed , Ianuary 13. 1666. the ruinousness of the fallen House being Proven , though no Requisition to Repair it . Damnage done to Victual Embarqued for the use of Merchants , by the fault and negligence of the Skipper , was found not to oblige the Skipper and Owners to take the Victual , and pay the price , but only to pay the damnage , seing the Victual was not wholly corrupt , but remained in Specie , February 19. 1670. Leslie contra Guthrie . DATE of a Bond , wanting as to day , moneth , and year , was found not to annul it , seing it bear in the Body , Annualrent from such a Term , in such a year , last by-past , which supplyed the date as to the year , Iune 15. 1662. Grant contra Grant of Kirkdail . Date of a Discharge in a Merchants compt Book , being ●nstructed by Witnesses and Adminicles , was found to prove against the Merchants Assigney , Ianuary 9. 1663. Skeen contra Lumsdean . Date being wanting in a Writ , was sustained to be astructed by a Witness insert , that it was anterior to an Assignation , whereupon it was admitted as a compensation against the Assigney , Iune 29. 1665. Thorntoun contra Milne . Date of a Writ being wanting , was found not to annul it , the party referring the verity of the Subscription to the Subscribers oath , which was allowed , with power to qualifie if it was undelivered , or in minority , Iuly 7. 1666. contra Duncan . Date of a Writ being false was found not to infer Falsehood of the whole , or nullity thereof , where the Witnesses insert proved the verity of the Subscription , February 23. 1667. Laird of May contra Ross. The date of a Writ was not quarrelled by the Lords as false , albeit it was not Subscribed the day that it bear , in respect there was a Writ of the same Tenor truly subscribed that day , but being a missing , the Granter a long time after , Subscribed another of the same Tenor and date , and the first being found , and both produced in Process , the user abode by the first simply , and by the last as to the verity of the Subscription , but not of the date , which was so insert for the reason foresaid . Iuly 10. 1669. Gardner contra Colvi● . DEATH of a party was found instructed by 18. years absence out of the Countrey , and repute dead , and a Letter produced , w●itten by a Comrad in the War , bearing that he was dead ▪ to Sustain an Adjudication upon a Bond granted by the next Heir , which was to his own behove . February 18. 1670. Lowrie contra Drummond . DEATH-BED was not Sustained to Reduce a disposition by a Father to his Son of a Sum , as prejudicial to his Heir , seing by Contract with his eldest Son , he reserved that power to burden the Estate to any he pleased , though it bear not on death-bed , yet that was not excluded , nothing being there done but the designation of the Person , Iune 28. 1662. Seatoun of Barns contra his Brother . Death-bed was found relevant to reduce a Disposition and Infeftment of Lands to an Heir female and of line , in prejudice of a Brother and Heir-male , who was provided to the Lands by the Disponer , with a clause ( with power to him to alter during his Life ) which was found not to extend to death-bed , though he should have been proven in soundness of mind , as contrary to the presumptio juris & de jure , that persons on death-bed are weak , February 25. 1663. Hepburn of Humbie contra Hepburn● , this clause not being in the Writ etiam in articulo mortis , or on death-bed . Death-bed and a Testament was found equivalent , albeit the Testament was made in leige poustie , and so no provision therein , prejudgeth the Heir , December 14. 1664. Lady Colvil contra Lord Colvil . Death-bed was found not Relevant to hinder a Husband to provide a Wife with a Ioynture , she having no Contract of Marriage , nor competent provision , nor any Terce , he having only Tenements in Burgh , of which no Terce is due ; but the Lords modified the Provision near to a Terce , February 22. 1661. Rutherfoord and Pollock contra Iack. Death-bed was found not competent by way of exception or duply , Ianuary 12 , 1666. Seatoun and the Laird of Touch contra Dundas . Death-bed was found Relevant to Reduce a Liferent Provision by a Husband to a Wife , being unprovided , and having no Contract , except only in so far as it extended to her Terce , due by Law , Ianuary 21. 1668. Schaw contra Calderwood . Death-bed was found Relevant to Reduce a Bond granted by a Father to his Daughter , who had a former Bond of another small Sum , and that seing he went not out to Kirk and Mercat after Subscribing of the Bond , and no equivalent , or probation of his being in health , or doing all his Affairs , or that it was a small portion to a Daughter , were Sustained , February 25. 1668. Dun contra Duns . Death-bed was Sustained by Exception against a Bond wanting Witnesses , and alleadged holograph , seing the Bond was defective , and the alleadgeance of death-bed was instantly verified , and the presumption of Law , that the holograph Writ proved not its own date to be before the Defuncts sicknesse , November 14. 1668. Calderwood contra Schaw . Death-bed being insisted in as a Reason of Reduction , and going to Kirk and Mercat being proponed in Defense , and being supported , and that the disease continued notwithstanding of the Defuncts going out being proponed , The Lords ordained Witnesses to be Examined hinc inde , anent the Defuncts condition and manner of going abroad , whereby it being proven , that the Defunct went freely unsupported , a considerable difficult way , having only a Staff in his hand : The disposition made by him was Sustained , albeit it was proven that he was helped up Stairs and down Stairs , to and from his Horse , being an old man , and that his Bridle was led , and that he was not free of the disease of which he dyed , and though he came abroad , February 26. 1669. Pargillies contra Pargillies . Death-bed was found Receivable by Exception . to exclude a Recognition , as not being a possessory , but a petitory Iudgement , Iuly 20. 1669. Barclay contra Barclay . Death-bed was found a sufficient ground to Reduce a disposition , at the instance of the Defuncts Creditors , or the Creditors of the appearand Heir ; neither did an offer to declare the Estate Iyable to the Defuncts own debts , exclude their interest , without security equivalent to the Appryzing , November 25. 1669. Creditors of Cowper and Basmerino contra the Lady Cowper . Death-bed was not found Relevant to Reduce a Bond granted on death-bed by a party who had disponed his Estate , reserving a power to himself to burden at any time during his Life , though it did not bear etiam m articulo mortis , Iune 22. 1670. Dowglas of Lumsdean contra Dowglas . Death-bed was found proven , Witnesses being adduced before answer on either part , concerning the Defuncts condition the time of the disposition quarrelled , and thereafter till his death , it being by them instructed that he contracted a palsie affecting his Brain before the Disposition , whereby he remained sensless for a ti●e , but thereafter continued to have a Palsie in his Tongue , and Vertigo in his Head till his death ; but that he lost the remembrance of things , and Names , and was not sound thereafter in his Iudgement , thoug● he went frequently to his Garden , and half a pair of 〈◊〉 from his House unsupported , never having gone to Kirk or Mercate after the disposition , or to any publick Place , but the disposition bearing for the better payment of the Disponers debt , was sustained , in so far as the Acquirer paid of his debt , February 7. 1671. Lowrie of Blackwood contra Drummond . Death-bed being insisted in to Reduce a disposition , Witnesses were appointed to be adduced for either party ex officio , for clearing the condition the Defunct was in , as to health and sickness the time of the Disposition , and thereafter til his death , and the manner of his going abroad , whereupon the Relevancy and Probation were advised together , and it was found that there was no necessity to libel the particular disease , or that it was Morbus sonticus , but ●ound it sufficiently proven that the Defunct had contracted a disease , before Subscribing of the disposition , and that he nev●r went abroad thereafter , as the Law requires for the Evidences of Convalescence , It was also found , that the going to Kirk and Mercat was a Relevant defense , but that it was elided by the Reply of Supportation , and that the Defunct from his Entry to the Town of Cowper , to the Mercate place , and from the Mercate place till he went out of the Town , did not walk freely unsupported , and that even supporting by the hand was found Relevant , without consideration of the unevenness of the Ground , and that the Defunct was an old man , and accustomed sometimes to take the hand of these that were with him in rouged places , in respect that the attempt to go to Kirk and Mercat , was the next day after the disposition , and so was of design to validate the same , and yet the Defunct was not able to forbear help for so short a way , and attempting to go to the Kirk the next Sabbath , was supported to it , and from it , and fel in a swoon in his return , and dyed shortly after , which though it was not necessary , if he had gone freely to Mercat , yet was an evidence of the continuance of the disease ; neither were private Evidences of putting on his Cloathes , making of Bargains , Compts , and conveying of Strangers to the gate , going to the Garden unsupported , ●ound Acts sufficient to prove health and convalescence , or equivalent to going to Kirk and Mercat unsupported , seing in these publick meetings , the party behoved not only to suffer the alteration of the free Air , but that there was the Testimony of many unsuspect Witnesses , whereas a few picked out Witnesses might be sufficient for these domestick Acts , if these were Sustained , Iune 28. 1671. Creditors of Balmerino contra Lady Cowper . Death-bed was found Relevantly libelled , that the Defunct was inclosed on suspition of the Plague , without proving infection , seing he died and came never abroad , February 28. 1665. Rutherfoord contra DEBITOR non presumitur donare , was elided by a stronger contrary presumption , viz. that an Assignation made to a creditor who was his nearest of Kin , done mortis causa , and in it another provision of a Sum to another person expresly , in satisfaction of another debt , which not being repeated in this , must be thought ●o ammo , not to be in Satisfaction of the other prior debt , Iune 16. 1665. Crockshank contra Crookshank . Vide donation , Fleming contra his children , December 20. 1661. Debitor non presumit●r donare , was found not to make a posterior Bond in favours of a Brothers Son , to be in satisfaction of a former Bond to that Brother , seing the posterior Bond bear for Love and Favour , and no other cause , neither did it mention the prior Bond , December 5. 1671. Dickson contra Dickson . DEBIT A FVNDI cannot be effectual by voluntar Dispositions of the Lands affected thereby , but only by poinding of the Ground ; and therefore an Appryzing , and an Infeftment thereon , was preferred to a posterior Disposition for Feu-duties , But prejudice to make use of the Feu-duties , by poinding the Ground , whereby they would be preferred to the Appryzing , Iuly 8. 1671. Margaret Scrymzour contra Earl of Northesk . By this Decision the Accumulation of Annualrents by the voluntar Disposition was Evacuate . DECLARATOR of the expyring of a Reversion upon a clause irritant , was found null summarly without Reduction , in respect the Decreet bear not the Production of the Instrument of Requisition whereupon the irritancy fell , although the Instrument was now produced , and the party long in Possession by vertue of the Decreet , and albeit the Requisition was expresly libelled upon , and that it seemed to be the Clerks omission in not mentioning of it in the production , February 22. 1671. Pi●cairn contra Tennents DECLARATOR OF ESCHEAT was sustained without calling all parties having interest at the Mercat Cross , though it was a part of the Style of the Summons in desuetude , Iune 23. 1666. Masson contra DECLARATOR OF WARD AND NONEENTRIE should only be pursued before the Lords of Session not before the Exchequer , Iune 14. 1665. His Majesties Letter Recorded in the Books of Sederunt . DECLARATOR OF THE NVLLITIE of Bonds and Rights to Creditors ; by a Feear in a Tailzie , with a clause de non ali●nando , was Sustained without the form of a Reduction , or Production of the particular Rights , Ianuary 21. 1662. Viscount of Stormount contra creditors of Annandale . In a Declarator of Property , the Defender was not admitted to propone a Nullity in the Pursuers Right , or that certification was granted against his Authors Seasine , even at the Defenders instance , unless the Defender alleadge a better Right , Iuly 10. 1662. Lord Frazer contra Laird of Phillorth . A DECREET of Removing , for not finding caution in absence , was found null by Exception , in respect the Title Libelled on , was not produced , but the Infeftment of another Person of the same name fraudfully mentioned in the production , so that it was not Sustained as titulus bonafides , to give the Possessor the Fruits , Iune 21. 1671. Neilson contra Menzeis of Enoch . A Decreet being stopped on a Bill , was found not to be recalled , but only the Extracting thereof to be forborn till the Party were heard on the Grounds of the Bill , and that though it lay over several years , it needed not wakening , Iuly 1. 1671. Broadie of Lethem and the Laird of Riccartoun contra Lord Kenmure . A DECREET ARBITRAL was found null , as not being within a year of the Submission , though it had no time , but a power to the Arbiters to meet at their convenience and prorogat , but did not prorogat the same , February 24. 1665. Mcgregor contra Menzeis . A Decreet Arbitral was sustained without Submission in Writ , it being proven by the Parties Oath , that he so submitted , and by the Arbiters Oath , that they so decerned , though both the Submission and Decreet were only verbal , the matter being but of 200. merks , February 7. 1671. Hume contra Scot. Here the matter was a Bond of 550. merks , Suspended and determined to 200. merks . DECREETS OF INFERIOVR COVRTS were found not to be taken away upon Iniquity , though it be instantly verified by the Decreet , by way of Suspension without Reduction , Ianuary 24. 1662. Ker contra Lord Rentoun . A Decreet of an Inferiour Court was not Reduced simply , because Advocation was produced before Extracting , being after Sentence , but was Reduced because the Advocation was produced before eleven hours , which was the ordinary hour of beginning to sit , but the Sheriff sat that day an hour before ordinary , which the Lords found sufficient presumption that it was of purpose to prevent the Advocation , Iuly 10. 1662. Laird of Lambertoun contra Hume of Kaimes . A Decre●et of an inferiour Court was not Sustained as in ●oro , where a Term was taken by a Procurator , to prove a Defense without a Mandat or Writ produced that might in●er the same , November 24. 1665. Chalmers contra Lady Tinnel . A Decreet of an inferiour Court was found null for want of Probation , bearing only that the Defender compeared , and con●essed the debt , without proponing any other alleadgeance or de●ense , and not Subscribing his acknowledgement , Iuly 19. 1665. Guine contra Mcken . A Decreet of an inferiour Court upon compearance , was not found null by Suspension , without Reduction , though it had visible Nullities , and was a small matter , Inter pauperes . November 21. 1665. Baxters in the Cannongate contra A DECREET OF SESSION was Reduced as null , being ultra petita , Iuly 21. 1666. Waison contra Miller . A Decreet of Session in foro , whereby in a Suspension a sum being alleadged paid & not instantly verified , the Letters were found orderly proceeded conditionally , if any thing were produced by such a time , it should be received , and was not produced after , which the Lords would not admit , it being now produced in a Reduction of an Appryzing of the said Decreet , now in the hands of a singular Successor , Iune 16. 1664. Laird of Tillieallan and Condie contra Crawfoord . A DECREET OF PARLIAMENT was taken away by double poynding without a Reduction , the same being referred to the Lords by the Parliament upon Supplication on this Reason , that it was pronunced against a Forefault person alter his death , without calling the Kings Officers , Iuly 14. 1665. Earl of Argile contra Mcd●wgal of Dinolich and Raca . A Decreet of Parliament Rescinding a dishabilitation of the Children of Forefault Persons without Citation , was Sustained , there being no Citation of the Children to the Dishabilitation , nor Restitution by way of Grace , but in Iustice , the Children being Infants , incapable of the Crime , February 24. 1665. Sir Robert Sinclar contra the Laird of Wedderb●rn . DELIVERY Vide Chyrographum , December 13. 1666. ●●net Thomson contra Stevinson . Delivery of an Assignation was not found necessary to validate the same , being granted by a Defunct to his near Relation , though not in his Family , though it bear not a Clause to be valide without delivery , seing it bear a Reservation of his Liferent , and a power to dispose , evidencing his purpuse , not to deliver the same , and so importing the Writ to be valide without delivery . Delivery of three Dispositions in Tailzie to a Daughters Son , was found to be implyed by a Clause in the first dispensing with delivery , and seing the Substantials of the rest were the same with the first , and only qualified the same conform to the reserved power in the first , they were all Sustained , though the other two had no dispensatory Clause , but so that what was in the first , for the benefite of the Heir , should be holden as repeated in the rest , that by the rest , the Heir might not be in a worse case , Iuly 23. 1669. Elle●s contra Ingles●●●n . Delivery of Bonds of provision to Children is not presumed to have been at ; or near the date , but must be proven to prefer them to posterior Creditors , Iuly 22. 1668. Iohnstoun of Sh●ins contra Arnot . DEPOSITATION of a Writ was found probable by the Notar and Witnesses insert , where the Writ was not produced by the Party , in whose favours it was principally , but by a third party , Iuly 5. 1662. Drummond contra Campbel . A DESIGNATION of a Gleib by way of Instrument of a Nottar , was not Sustained without Production of the Testificate of the Ministers Designers , December 17. 1664. Paterson contra Watson . Designations of Gleibs must first be of Parsons before Bishops Lands , though they were Feued before the Act anent Manses and Gleibs , and built with Houses , so that the Feuar must purchase as much ere the other Kirk Lands be affected , Ianuary 25. 1665. Parson of Dysart contra Watson . Designation of one to be Tutor Testamentar by his own acknowledgement , was found not to prove against him , where by the Testament , the contrary appeared , Iune 10. 1665. Swin●●●n contra Notman . Designation of a Manse was Sustained by Intimation out of the Pulpit , or at the Kirk door , warning the Heretors thereto , as being the constant custom , though some of the most considerable were ou● of the Countrey , Ianuary 28. 1668. Minister of Hassendene contra Duke of Buccl●●gh . Designation of a Gleib was Sustained , though done but by two Ministers , the Bishops Warrand being to three without 〈◊〉 Qu●run● , unless weighty reasons upon the prejudice of parties were shown , February 7. 1668. Minister of Cockburnspe●h contra his Parochioners . DEVASTATION total was found to Liberate from publick Maintainance , February 20. 1663. Baxters of Edinburgh contra Heretors of Eastlouthian . DILIGENCE was not required of a Person whose Name was not intrusted in the Infeftment of Annualrent , to make him Comptable for ommis●ion , but only for intromission , December 18. 1666. Cass contra Wat. A DISCHARGE to one of more Contutors , was ●ound not to Liberate the rest , except in so far as satisfaction was given by the Party discharged , or in so far as the other Contutors would be excluded from Recourse against the Party Discharged , December 19. 1668. Seatoun contra Seatoun . A Discharge of Rent not designing the Writer thereof , was found null , unless the user thereof designed the Writer , because it was of 80. pounds of Annualrent yearly , and that thereby an Infeftment of Annualrent would be cled with Possession , and preferred to another Annualrent , Iuly 14. 1665. Scot contra Silvertoun●il . A Discharge being general , was found not to extend to a Sum Assigned by the Discharger before the Discharge , albeit it was not intimate before , unless it were proven that payment was truly made for this sum , February 3. 1671. Blair of Bagillo contra Blair of Denhead . A DISPOSITION of Moveables was preferred to an Arrestment on an horning anterior to the Delivery , seing the Disposition was before the Horning , and the delivery before the Arrestment , Iuly ● . 1662. Bouse contra Baillie Iohnsto●● . A Disposition was Reduced on the Act of Parliament 1621. as in fraudem creditorum , though the Disponer was not Bankrupt , and that he had reserved the power of a considerable sum to sell Land to pay his debt , which the Creditors might affect , seing the Creditors ought to have Preference according to their Legal diligence on the whole Estate till payment , February 6. 1663. Lord Lour contra Earl of Dundee . Dispositions of Heretable Rights are only Reducable upon the Act of Parliament against Bankrupts , and not by exception or reply , though betwixt Father and Son & in re parvi momenti , viz. 100. pounds , Iune 19. 1663. Reid contra Harper . A Disposition by a Husband to his Wife of an additional Ioynture , she being sufficiently provided before , was found Reduceable at the instance of anterior Creditors , albeit the Husband was no Bankrupt , but because he had no Estate un-liferented or affected , albeit the Reversion was much more worth nor the Creditors Sums , but the Relick offering to purge the prejudice by admitting the Creditor , who had appryzed , to possess Lands equivalent to his Annualrent , he Assigning to the Relick what he was satisfied by the Ioynture Lands , and with this provision , that if the Legal expired she should not be absolutely excluded . The Lords found the offer sufficient , February 10. 1665. Lady Craig and Greenhead contra Lord Loure . A Disposition omnium bonorum , without any cause onerous , and without delivery , was found not sufficient to exclude the necessity of Confirmation and paying of the Quote ; Iune 23. 1665. Procurator-fiscal of the Commissariot of Edinburgh contra Fairholm . A Disposition omnium bonorum , though with possession was ●ound not to exclude the Quote and Confirmation , seing it bear a ●eversion to the Disponer , during his Life to dispone of the Goods notwithstanding , Iuly 4. 1665. Commissar of Saint Andrews contra Laird of Bousie . A Disposition of Land was found to carry all Right that was in the Disponers Person , and to import an Assignation to a Reversion , which needed not intimation , seing the Seasine was Registrat in the Register of Seasines , December 5. 1665. Beg contra Beg. A Disposition of Lands was found imported by an Assignation to the Mails and Duties in all time coming , against the Heir of him that granted that Right , and that the Heir was obliged to renew a compleat legal Disposition , with a Procuratory of Resignation , and Precept of Seasine , Iuly 2. 1667. Sinclar of Hirdmanstoun contra Cowper . A Disposition by one Brother to another of his whole Estate , bearing for satisfying of his debts enumerat , and containing a power to the Purchaser , to satisfie what debts he pleased , and to prefer them , was found valide and not fraudulent , in so far as extended to the Purchasers own Sums due to him , and for which he was Cautioner for his Brother , as if it had born these to be paid primo loco , and thereupon one of the Creditors whose debt was enumerat in the Disposition , was postponed to the Acquirers own debt and cautionry , till they were first satisfied , Ianuary 8. 1669. Captain Newman contra Tennents of White-hill and Mr. Iohn Prestoun . A Disposition was Reduced , because given by a weak person to him , who was lately her Tutor ante redditas rationes , and done of the same date with a Contract of Marriage , whereby she was married to his Nephew , who got the Disposition , and died ere he was Married , albeit he who got the Disposition was her Mothers Brother , who Educat and Alime●●ed her , and the Pursuer of the Reduction was her Grand-Fathers Brothers Son , who had not noticed her , but she was an ignorant person , half deaf , February 18. 1669. French contra Watson . A Disposition of Moveables in Writ , bearing onerous causes , expressing a Sum , and others generally , was fou●● not to prove the cause onerous by the Narrative , being 〈◊〉 dulent , leaving nothing to other Creditors , nor 〈…〉 by the Acquirers Oath , but also by the Oaths of the 〈◊〉 whom payment was made , November 18. 1669. Henderson contra Anderson . A Disposition of Lands bearing the Buyers Entry to be at Whitsonday , and to the Cropt of that year , was found not to extend to the Cropt of Corn that was Sowen , and standing on the Ground that year the time of the Buyers Entry , or to any part of the Rent , payable for the Land , f●om the Whitsunday before to the Whits●nday at which the Buyer was to Enter , February 22. 1670. Murray of Auchtertyre contra Drummond . A Disposition of Lands and universal Legacy , both contained in one Infeftment , in which there is a Sum provided to Children , not being particularly annexed either to the Disposition of Legacy , the Disposition of Lands being found null , as being in a Testament , the universal Legacy was found burdened with no part of the Provision , seing by the Nullity of the Disposition , the Children had Right to their Portion of the Lands , which exceeded the Sum they were provided to , February 1. 1671. Pringle contra Pringles . A Disposition granted by a Person who was insolvent , and thereafter notoriously Bankrupt , was not reduced as not proceeding upon a necessary cause , or as being a preference of one Creditor to another , none having done diligence , in respect the Disposition was granted for a Bargain of Victual sold and delivered a Month before the Disposition in question , whereby the Disponer was alleadged to become Bankrupt ; but it was not decided , whether a notorious Bankrupt could after he was so known , prefer one Creditor to another , when none of them had done diligence , Iuly 20. 1671. Laird of Birken●●g contra Grahame of Craig . A Disposition of Lands was found to imply an Assignation to the Reversion of a former Wodset , and that it needed no intimation , the Infeftment on the Disposition being Registrate , though a posterior Assigney had first redeemed , November 18. 1664. Gu●hrie contra Idem December 5. 1665. Beg contra Beg. DIVISION of Lands and a Muire betwixt Co-heirs , was reduced upon a considerable inequality , though not near the half value , and though the division proceeded upon the Reducers o●n Brief of division , December 2. 1669. Monteith of Corruber contra Boid . A DONATION was not presumed by a Mother to her Child , by giving out Money in her Name , with power to uplift and re-imploy , in so far as she was debitor to the Child , but pro reliquo , December 20. 1661. Fleming contra her Children . Donation of Aliment by a Mother to her Son , who had no other means , was presumed to Liberate him from Repetition , but was not found so against his Step-Father , for the years after his Marriage , Iune 25. 1664. Melvil contra Ferguson . Donati● inter Virum & uxorem , was found Revockable , albeit it was not a pure donation , but in lieu of another quo ad excessum , seing it was notabilis excessus , November 20. 1662. Children of Wolmet contra Lady Wolmet and Dankeith her Husband . Do●atio inter virum & uxorem , was sustained to recal the acceptance of an Infeftment in satisfaction of the Wifes Contract . February 12. 1663. Relict of Morison contra his Heir . Donation betwixt Man and Wife Revockable , was found not to extend to a Contract of Marriage , though made up during the Marriage , there being none before , November 22. 1664. M●gil contra Ruthven of Gairn . Donatio inter virum & uxorem , was found not revockable , if it were granted upon consideration of what fell in by the Wife after her former Provisions , though that would also have belonged to the Husband jure mariti , yet might be the ground in gratitude of a Donation Remuneratory , November 23. 1664. Halyburtoun contra Porteous . Donatio inter virum & uxorem , being in question , where there was no Contract of Marriage , but an Infeftment of all that the man then had , and after a second Infeftment , but stante matrimonio ; The Lords found that the first was valide , there being no Contract before , but they reduced the second , finding no remuneratory provision of the Wife to answer both November 23. 1664. Inter eosdem . Donatio inter virum & uxorem , was found not to reach an Infeftment of Lands , to warrand and make up the principal Lands in the Contract such a Rent , albeit there was but a personal Obligement in the Contract , and that the Obligement to Infeft in Warrandice , was therein satisfied and extinct , November 24. 1664. Nisbit contra Mur●ay . A Donation was presumed of Aliment by a Goodfire to his Daughters Child , who was long in his House , and after the Mothers death continued still without any agreement with the Father , Iuly 21. 1665. Ludquharn contra Geight . Donatio inter virum & uxorem , was found relevant to recal a Bond granted by a H●●band to his Wife bearing ( that he thought it convenient that they should leave a part , and therefore obliged him to pay a Sum yearly for her aliment ) albeit it bear also that he should never quarrel or recal the same , as importing a Renunciation of that priviledge , February 6. 1666. Living stoun contra Beg. Donation betwixt Man and Wife was found to extend to a Charter bearing Lands and a Miln , where the Contract of Marriage bear not the Miln , and that it was not as an Explication of the parties meaning , and so was revocked by a posterior disposition of the Husband to another , February 5. 1667. Countess of Hume contra the Tenents of Old●a●●us and Hog . Donation betwixt Man and Wife was found not to extend to a donation by a Husband to his Wifes Children of a former Marriage , of her Goods belonging to him jure mariti , and so was not revockable as done to the Wife , though to her Bairns at her desire , Ianuary 15. 1669 , Hamiltoun contra Baynes . A Donation by a Husband to his Wife by a Tack of his whole Lands , not Liferented by her , and bearing for Love and Favour , and for enabling her to Aliment her Children , and bearing a small duty in case there were Children , and the full Rent if there were none , was found valide , as being remuneratory to make up the defect of the value , which by Contract , her Liferent Lands were obliged to be so much worth ; Superceeding to give answer , wheither the Tack would be null at the instance of Creditors , lending Sums after the Tack , as latent and fraudulent , if it were not proven remuneratory ; or wheither a donation betwixt Man and Wife is null , and pendent as a Bairns Portion till the Husbands death , and if the borrowing thereafter would prejudge the same , there being no Lands left un-liferented thereby , Ianuary 26. 1669. Chis●holm contra Lady Bra● . Donation betwixt Man and Wife revockable , was found not to extend to Wife Subscribing her Husbands Testament , by which her Liferent Lands were pro●ided to their Daughter , which was not ●ound alike , as if it had been in favours of the Man himself , who is naturally obliged to provide his Daughter , Iuly 12. 1671. Murray contra Murray . Donation by a Man to his Wife , by a great additional Iointure , where she was competently provided before , was found not to be taken away by a posterior Testament made in lecto , providing a less additional Iointure , without mention of the former , and being conditional , that the said last addition should be at the Testators Fathers disposal , if he returned to Scotland , and he having returned , and having Ratified the fi●st additional Ioynture , the same was Sustained , Iuly 18. 1671. Countess of Cassils contra Earl of Roxburgh . DONATAR of Forefaulture obtaining Decreet of Parliament , upon fewer dayes citation then are required by Law , Reducing an Infeftment on this Ground , that it is holden of the Forefault person base un-confirmed , and so excluded by the Forefaulture , and not upon the five years possession of the Forefault person , as heretable Possessor ; The Lords Sustained the Decreet , February 22. 1665. Marquess of Huntly contra Gordoun of Lesmore . A Donatar of single Escheat , though excluded by the diligence of the Creditors of the Rebel before declarator , upon debts before Rebellion , was found not to extend to prefer an appryzing of a Wifes Liferent , led against her Husband as having right thereto jure mariti , in prejudice of the Donatar of the Husbands single Escheat , though the Appryzing was before Declarator , for a debt before Rebellion , seing the Liferent had tractum futuri temporis , and is not as Moveable Sums , Iuly 18. 1668. Earl of Dumfreis contra Smart . DOVBLE POINDING being raised in Name of Tennents by one of the Parties competing , the same was sustained , though the Tennents did disclaim the same , and that the other party was their present Master , his possession being but of late and controverted , it was also sustained , though there was no particular duties libelled , but in general to be answered of the Mails and Duties , as is ordinary in Decreets conform , Iuly 14. 1665. Earl of Argile contra Dinloch and Rara . A Double poynding , calling two Ministers , and preferring one , the other being absent , was found not irreduceabl● by the Act of Parliament anent double poindings , seing the Decreet was only general , without expressing the Teinds in question , and so was only found valide as to what was uplifted , but not in time coming , without having a Right , Iune 15. 1667. Gray contra IN DVBIIS● interpretatio facienda contra proferentem qui po●uit sibi lege●● dixisse clarius , Iuly 29. 1665. Dowglas contra Cowan . EIECTION vide Clause in a Tack , December 19. 1661. Dewar contra Countess of Murray . Ejection was not sustained at the Instance of an Heretor by the Tennents ceding the Possession to a Stranger , seing the Tennent pursued not , and that Tennent was not in natural possession , but both were to compet for the duties , that party having given an obligement to cede his Right , December 21. 1661. Montgomry contra Lady Kirkcudbright . Ejection at the instance of Heirs infants , who had an old Infeftment , but were not Infeft themselves , was Sustained for re-possessing , albeit the Defender obtained Decreet of removing , against their Mother , and entered thereby , though the Decreet bear to remove her self , ●airns , Servants , &c. The Pursuer being then in her Family , February 19. 1665. Scots contra Earl of Hume . Ejection was sustained upon putting the Pursuer out of his House and Land , Naturally possessed by him , though the Ejecter obtained Improbation against the Pursuer , and thereupon Removing , seing he entered not legally by Letters of Possession . But this was not extended to the Lands possest by Tennents , who were induced to take Right from the Ejecter , to give violent profits of these Lands , Iuly 25. 1668. Campbel contra Laird of Glenure●y . ERECTION granted by the King , erecting Kirk lands into a Temporal Lordship , was found not to be habilis modus , while the same was not vacant , but in the hands of a Commendator , albeit he was dishabilitat to brook any Estate by his Fathers Forefa●ture at the time of the erection , seing his dishabilitation was thereafter rescinded in Parliament , because he was no ways accessory to his Fathers crime , whereupon his Temporal Provision was validate , and the erection medio t●mpore , was postponed to a posterior erection to the Commendator himself , upon his own dimission , February 24 , 1666. Sinclar contra Laird of Wedderburn . ESCHEAT single was found to reach a sum due as the Liquidation of an obligement not to alienate Lands , which was found moveable quo ad fiscum , albeit it came in the place of the Right Heretable , which would have belonged to the Heir , February 4. 1663. Laird of Philorth contra Lord Frazer . An Escheat gifted by the King , was excluded by a Creditor , who arrested during the Rebels life , and pursued to make forthcoming after his death , he having none to represent him in mobilibus , dying at the Horn , and so needed no Decreet establishing the debt in one representing the Defunct , and calling the Representatives in the action for making forthcoming , albeit the Arrestment was laid on after the Rebellion , but before declarator , and for a debt contracted before the Rebellion , February 19. 1667. Glen contra Hume . Escheat was found to carry a Bond bearing annualrent , the Rebellion ●alling before the first Term of payment of the annualrent . Iune 26. 1666. Dick contra Ker. Vide Donator of Escheat . Escheat was not burdened with debts contracted after Rebellion , February 24. 1669. Countes of Dund●e contra Stra●town ▪ Vide Gift of Escheat . AN EXECVTOR pursuing a debitor of the Defuncts , was not excluded by Compensation , because that debitor had taken Assignation from the Defuncts Creditor , after the Defuncts death , seing thereby the Defuncts debitor might prefer one of the Defuncts Creditors to another , which neither a Debitor nor Executor can do , but according to their diligence , February 14. 1662. Children of Mouswal contra Lowry of Maxwelstoun . In a Competition of Executry of Defuncts amongst their Creditors , all who do diligence within six Moneths of the defuncts death , by Confirming themselves Executors Creditors , or intenting any Action against the Executor or Intromettor , should come in pari passu , by Act of Sederunt , February 28. 1662. An Executor was found lyable to pay a Creditor of the defuncts , albeit it was the price of Land sold to the defunct by a Minute , without restricting the debitor to the Heir , who would only get the disposition , or causing the Creditor dispone the Land to the Executor in lieu of the Moveables , but reserving to the Executor to seek relief of the Heir as accords , Iuly 1. 1662. Baillie contra Hendrison . Executors were found lyable for an Annual payment , for years after the defuncts death , February 5. 1663. Hill contra Maxwel . In the Executry a Child dying before Confirmation of the Mothers third , the Father being alive , was found not to transmit to the Father as nearest Ag●at , but to the Mothers brother , and that it was not in the case of the Legitim from a Father , which is Transmissible without any Confirmation , or adition to the Succession , February 17. 1663. Forsyth contra Pa●oun . Executry was found bipartite , where there was but one Child , which was Forisfamiliat and provided , without alleadging in satisfaction of the Bairns part , seing here the Child offered not to confer , February 18. 1663. Dumbar of Hemprigs contra Frazer . An Executors proper Creditor competing with a Creditor of the Defuncts , both on Arrestments of a part of the Defuncts Inventary , the Defuncts Creditor was preferred to the Executors doing more diligence , especially before this Sum was established in the Executors person by Decreet , Iuly 8. 1664. Ve●ch contra Lord Ley. An Executor was not liberat by a decreet of exoneration , as to the Creditors not called , who needed not reduce the same , neither yet by exhausting , by payment of lawful debts , instructed by Writ , before intenting of the Pursuers Cause , unless sentence had been first obtained against the Executor , who cannot prefer one Creditor to another , but according to their diligence , November 11. 1664. Iohustoun contra Lady Kincaid . An Executor ad non executa , was found to have no place where the former Executor had obtained Sentence , albeit no payment , and albeit he was Executo● dative , and a mee● Stranger , November 7. 1666. Down contra Young. An Executor was found obliged to depone upon the kinds , quantities and prices of the Goods in the Inventary , at the instance of an Executor ad omissa . Notwithstanding of the Oath given by the Executor at the Confirmation , Iuly 18. 1667. Ker contra Ker. The Executor of a donator of Liferent was found to have right to the bygones of that Liferent before the donatars death , and that the donatars Heir had only right to the Liferent after the donatars death , albeit there was no declarator establishing the Liferent in the donatars person before his death , Ianuary 28. 1671. Kiry contra Nicolson . Executors having obtained decreet for the defuncts debt , the Testament is thereby execute , although they have not obtained payment , and after the death of one of them , the decreet doth not accresce with the Office to the other , but the one half belongs to the executors of the deceast Executor , Iune 22. 1671. Gordoun contra Laird of Drum. CO-EXECVTORS being Confirmed , one dying , the Office accresceth to the rest , and all benefit that follows thereon , but the defunct executor being nearest of kin , his part as nearest of kin , is Transmitted to that Executors nearest of kin , and does not belong to the surviving Executors , February 12. 1662. ●ells contra Wilk●e . Co Executors after obtaining Sentence , may pursue for their shares severally , without concourse or calling the rest , Ianuary 25. 1665. Menzeis contra Laird of Drum. EXECVTORS CREDITORS were not excluded by the defunct debitors alleadging compensation upon an Assignation to a debt due by the defunct , albeit anterior to the Confirmation or diligence , yet posterior to the defuncts deceass , whereby one Creditor is preferred to another , which cannot be done , either by the Executor or by the Debitor , but according to their diligence , February 8. 1662. Crawfoord contra Earl of Murray . An Executor Creditor was not found lyable for diligence , where the confirmation was questionable , whether it was by a competent Commissar or not , December 10. 1664. Goldsmiths of Edinburgh contra Haliburtoun . An Executor creditor long since confirmed , was found lyable for no diligence to other creditors , but to assign them next to their own payment : And as to the future , The Lords resolved to consider the Motives on both hands , and make an Act of Sederunt thereanent , Iuly 18. 1671. Harlaw contra Hume . EXECVTIONS of arrestment or the like on the Sabbath day , are null by Exception , as was found , February 1● . 1663. Oliphant contra Dowglas of Dornoch . In Executions , giving of a co●y was found an essential requisite , and in Executions requiring Registration , that the same must be exprest in the Execution Registrate , else the same is null , although it be added ex post facto by the Messenger , and offered to be proven to be true , Iuly 28. 1671. Keith contra Iohnstoun . EXCEPTIONS which do not acknowledge the Libel , do not free the Pursuer from proving of the Libel , but both parties must prove hinc ind● , Iuly 24. 1661. Mitchel contra Hutcheson . The Exception of the Pursuers lossing the Plea by beating the defender in the Session-House , was Sustained without necessity to alleadge effusion of Blood , but the Lords determined not whether they would admit the probation of the Fact before themselves , or assign a long Term , that the defender might insist criminally before the Iustices , that it being there cogno●ced , it might be here repeated in termino , Iuly 29. 1692. Harper contra Hamiltoun . An Exception being proponed without denying the Libel , or quantities therein , the Defender succumbing in probation , the Libel was holden as acknowledged and proven , albeit the Exception of its own Nature did not acknowledge the same , but it was recommended to the parties to accord , December 13. 1664. Lord Rollo contra his Chamberlane . EXHIBITION of defuncts Writs by his Heir was sustained , not only for such as belonged to the defunct , but for such also as were in his Possession at his death , Ianuary 10. 1665. Reid contra Reid . Exhibition of Writs which the Defender before intenting of the cause had , and fra●d●ully put away , was sustained by Witnesses to prove the having , in respect of the defenders fraud , in indeavouring to transvert the Right , yet not thereupon simply to decern to Exhibite , but only unless the defender refu●e to tell quo modo des●●t possidere , Iuly 14. 1666. Fountain and Brown contra Maxwel of Nethergate . Exhibition of an Assignation out of the granters hands , was found not probable by Witnesses , albeit the granter was alleadged to have received it as Agent for the Pursuer , December 14. 1666. Fairly contra Creditors of Dick. Exhibition of compt Books being craved in a compt betwixt the Successors of two brethren , not to instruct but to make up the charge , in respect of their near interest and commerce , and that they were co-partners , the Books were ordained to be put in the Auditors hands , and if thereby co-partnery appeared , or trust as Factor for others , they should be exhibite to the other party , to frame his accompts by , otherwayes to be given back , and not to be seen by the pursuer ▪ Iuly 7. 1668. Kelict of Patoun contra Relict of Patoun . EXHIBITION AD DELIBERANDVM was sustained for all Writs wherein there was any clause in favours of the Pursuers Predecessors , and for Writs made by him , to persons in his Family , Wife , Children and Servants , on which no Infeftment followed , December 6. 1661. Telzifer contra Forrester and Sc●aw of Sornbeg . The like November 12. 1664. Galbraith contra ▪ EXTRACT of a Bond Registrate , was found not to Instruct the debt against the Heir of a party , whom the extract bear to have subscribed it , but only against the consenters to the Registration : The like unless it were instructed that the Defenders Predecessor truely subscribed the Writ , February 7. 1662. A●cheson contra Earl of Errol : Here Witnesses ex officio , were admitted to instruct by way of Reply . Extract of a Bond Registrate against a party living , consenting by the Procuratory , was found not to instruct , or prove against those who consented not , unless other Adminicles to astruct the ●●uth thereof , were adduced , Iune 24. 1664. Hay Tailzeor contra Hume of Blackburn . A FATHER as Tutor of Law , was found lyable to pursue for the Annualrent of his Childs Mothers third of moveables , February 4. 1665. Beg contra Beg. A Father was ●ound lyable to receive his Son in his Family , and to entertain him as the rest of his children , or else to pay a Modification for his aliment , albeit the Father was indigent , seing the Son had no Means or Calling to aliment himself , Ianuary 13. 1666. Dick contra Dick. A Father was sound to be lawful Administrator to his Son in his Family , not only in his Pupillarity , but Minority , as curator● honorarius , not lyable to o●●mission , or exclusive to other Curators , but deeds done without his consent were found null , albeit his Son resided not in his Family , but followed the Law , living still on his Fathers charges , and having no Calling or Patrimony to maintain himself , neither was his Fathers Subscribing with him , found a sufficient authorizing of him , seing he subscribed with him as Cautioner for him , December 7. 1666. Menzeis contra Fairholme . A Father taking a Bond blank in the Creditors Name , and filling up his Brothers Name therein , and obtaining an Assignation from him to his daughter , was not found as a Bond of Provision , Revockable by the Father , in respect the Bond was Registrate in the Brothers Name , November 20. 1667. Executors of Trotter contra Trotter . A Father was not found obliged for Annualrent of a Legacy , uplifted by him , belonging to his Son , as being his Tutor of Law , the Son being Alimented by the Father , and in his Family , December 15. 1668. Windrham contra Ele●s . A Father granting Bond to a Bairn in satisfaction of her Portion Natural , was found thereby to increass the Bairns part of the rest of the Bairns , and not to apply that Bairns part to the Heir , Executor , or universal Legator , as they who were obliged for the Bond of Provision , comprehending the Bairns part , February 17. 1671. Megil contra Viscount of Oxenfoord . A FEW containing a clause irritant expresly● to be null upon the Failzle , was found not to be purged at the Bar where offer of payment was made , in which it differs from a Feu , not having that clause , February 13. 1666. Laird of Wedderburn contra Wardlaw . Feus of Ward-lands granted before the Act of Parliament 1666. against Feus , was found valide , albeit granted by these who held Ward of Subjects , without consent of their Superiour , Iune 24. 1668. Steuart of Torrence contra Feuers of Ernoch . A Feu was found to be Renunceable by a Feuer , to free him of the Feu-duty , albeit it was constitute by a mu●ual contract , obliging the Feuer and his Heirs , to pay the Feu-duty yearly , seing by a Back-bond of the same date , he was allowed to Renunce when he pleased , which was found effectual , to take away that personal obligement , being extrinsick to the Feu , though in the Feudal Contract against a singular Successor in the Feu , February 1. 1669. Brown contra Sibbald . A FEW-D●VTY was found personally to affect a Liferenter for these years only , whereof she lifted the Rent , Iuly 19. 1665. Windrham contra the Lady Idingtoun . FOREFAVLTVRE of a Paricide , as having killed his own Mother , being gifted by the King , and Infeftment thereon , was found to have no effect , unless there had been a doom of Forefaulture pronunced by the Iustices , but not upon the ordinary course against absents , declaring parties Fugitives for not underlying the Law , which can only reach their Moveables , Iuly 30. 1662. Zeaman contra Oliphant . Forefaulture having with it dishabilitation of the Forefault persons Children , declaring them incapable of Lands or Estate in Scotland , whereby the Sons Estate fell in the Kings hand , and was disponed to a donatar , who set Tacks , and the Son being restored by Sentence of Parliament , as an Infant not accessory to the Crime ; The Infeftment and Tack thereon were found to fall without calling the Persons interressed before the Parliament , notwithstanding of the Act 1584. Prohibiting Restitutions by way of Reduction , and declaring Rights granted medio tempore , by the King to be valide , which was not found to extend to dishabilitation of the Children , but to the principal Forefalture , February 24. 1665. Dowglas and Sinclar her Husband contra the Laird of Wedderburn : Here both the dishabilitation and remission thereof proceeded without citation . Forefalture and five years possession of the Forefalt person , before the Forefalture , makes a valide Right , notwithstanding of the posterior Act of Parliament for registration of Seasines and Reversions , &c. Yet interruption within the five years , was found to elide the same by Inhibition , and granting a new Corroborative Right , especially where citation was used immediatly before the five years , albeit the corroborative Right was post commissum crimen , Iuly 23. 1666. Earl of Southesk contra Marquess of Huntly . Forefalture and five years possession was found not Relevant by exception or reply , without a re●our by an Inquest , Iune 13. 1666. Hume contra Hume . Forefalture gives the King or his Donator five years Rent of any Land the Forefalt person was in possession off the time of the Sentence , whether by Tack or not , Ianuary 24. 1667. Inter eosdem . In Forefalture a donatar was found excluded by Appryzing , at the instance of the Creditors of the Forefalt person , who had comprized before the committing of the Crime , and had charged the Superiour after the crime , but before the Process of Forefalture , Iuly 6. 1667. Creditors of Hume of K●llo contra Hume . The Donatar of Forefalture pursuing Removing , was found not to be excluded by an In●e●tment on an Appryzing granted by the King , being then immediate Superiour before the Gift , which was not found equivalent to a Confirmation , but past in Exchequer of course without notice , December 9. 1668. Earl of Argile contra Stirling . Forefalture was found to exclude a Creditor , founding upon a clause in the disposition made to the Forefalt Person by his Father , reserving a power to himself to affect and burden the Lands disponed by Wodset or Annualrent for such a sum , though the Father had granted a Bond to the Pursuer , declaring the sum to be a part of the Reservation , seing there followed no Infeftment by Resignation , or Confirmation by the King , Iuly 12. 1671. Learmo●th contra Earl of Lauderdail . Forefalture Vide Gift , Hague contra Moscrop and Rutherfoord . FRAVD of Creditors being insisted on to Reduce an additional Ioynture after the debt appryzed on , the Liferenter offering access to the Appryzer for his Annualrent , and to be totally excluded if it were not Redeemed within the Legal , it was Sustained Relevant ; here the Husband was neither bankrupt nor insolvent , but there was no ready execution , because of the additional Ioynture , February 10. 1669. Lady Greenhead contra Lord Lour . Fraud of Creditors upon the Act of Parliament 1621. was not found Relevant by Reply without Reduction , though of a disposition by a Father to a Son in a small matter , Iune 19. 1663. Red contra Harper . Fraud of Creditors was not inferred by a clause in a Contract , providing a Ioynture to a Wife , with condition of restricking her self to a part , that the superplus might belong to the Bairns for their Aliment , the whole Ioynture being only proportionable to the condition of the parties , November 16. 1665. Wat contra Russel . Fraud in a debitors granting a Bond to his Brother , and taking a discharge of the same da●e and Witnesses , and thereby proponing a defense against an Assigney , was found Relevant , and receivable by way of Exception , unless the Debitor could condescend upon a reasonable cause , for which the Bond and Discharge were so granted ▪ that it might not in●e● their design to deceive any that should contract with the Receiver of the Bond , December 4. 1665. Thomson contra Hendriso● . Fraudulent dispositions may be either Reduced by the Act of Parliament 1621. or declared to be affected with all Execution , as if they were in the disponers person , December 15. 1665. Ele●s contra Keith . Vide Ianuary 8. 1669. Captain Newman contra Fraud was inferred by a Fathers granting a Bond to his Son who was Forisfamiliat without a cause oner●us ▪ albeit the Bond bear borrowed Money ; yet formerly it was found to be gratuitous , and it bearing no Annualrent , and only payable after the Fathers death , the Father after the date of the Bond continuing in a considerable Trade , and his Estate being insufficient to pay his debt , the foresaid Bond and Adjudication thereon , was Reduced at the instance of posterior Creditors , as being a fraudulent conveyance betwixt the Father and Son to insnare Creditors , and very hurtful to commerce , February 12. 1669. Pot contra Pollock . The same , February 16. 1669. French contra Watson . Fraud of Creditors was found valide to Reduce a Disposition of Moveables , being omnium ●●norum ; and that the Narrative bearing special onerous causes was not sufficient , though the parties were not conjunct , but that it behoved to be astructed otherwayes then by the acquirers Oath November 18. 1669. Hendrison contra Anderson . Fraud of Creditors was inferred by the Act of Parliament 1691. against an only Son and appearand Heir , provided to a great sum of Money by his Contract of Marriage , so far as to make a part thereof forthcoming , for satisfaction of an anterior creditor , albeit the Father was not Insolvent , or made Insolvent by the Contract ; and albeit the Contract bear no Assignment to an Heretable sum , but actual payment of Money , February 8. 1671. Wat contra Campbel of Kilpont . Fraud was not inferred by the latency of a Translation to a Tack by a Husband to his Wife , granted for quiting of her Liferent of Lands to his Creditors , and therefore was preferred to an Acquirer thereafter upon an onerous cause , February 7. 1670. Dam Elizabeth Burnet contra Sir Alexander Frazer . A FRAVGHT was found only proportionably due to a Skipper , where the Ship was not fully loaden , unless he proved by Witness●s that he intimate his going to Sea , and required more loading , and abode his ●y dayes , without necessity to alleadge an Instrument and Protest taken thereon mentioning he was not fully fraughted , and craving more Fraught , Ianuary 13. 1665. contra Charters . FRVITS Vide Cropt , Gordoun contr M●●●lloch . GENERAL LETTERS upon Presentation or Collation of Ministers , whether having benefices , or modified Stipends , are prohibite by Act of Sederunt , and the same intimate to the Writers and Keepers of the Signet , and Clerk to the Bills , but that every Incumbent must have a Decreet conform , although he produce his Predecessors Decrect conform , Iune 3. 1665. A GIFT granted by the King , Erecting Kirk-lands in a Temporal Lordship , was found not to be habil●● modus , while the same was not vacant , but in the hands of the Commendator , albeit he was dishabilitat from brooking any Estate by his Fathers forefa●ture , at the time of the Erection , seing his dishabilitation was thereafter Rescinded in Parliament , because he was no wayes accessory to his Fathers Crime , whereupon his Temporal Provision was validate , and the Erection medio tempore was postponed to a posterior Erection to the Commendatar himself , upon his own dimission , February 24. 1666. Sinclar contra Laird of W●dderburn . Gifts of E●cheat competing , the Gift last past in Exchequer , but first past the Seals , was preferred to the other , though the other took Instruments against the Keeper of the Seal , for delaying him , seing the Instrument was after the other Gift was past , December 6. 1662. Steuart contra Nasmith . A Gift of a Ward being to the behove of the Superiors Heir , and made 〈◊〉 of against the Vassals , who had the Rights with absolute Warrandice , the Gift was ●ound to accre●ce to the Vassals , they paying a proportional part of the Composition , February 15. 1665. Boyd of P●nk●ll contra Tennents of Cars●l●ugh . A Gift was found to be affected with a Back-bond granted by the Donator , when the Gift past the Exchequer , and was Registrate in the Books of Exchequer , albeit the Back-bond was not conceived in favours of the The●aurer , but of a private person , and albeit the Gift was assigned when it was incompleat before it past in Exchequer , and the Assignation , was intimat , Ianuary 31. 1666. Dallace contra Frazer of Strei●ha● . Gifts of Escheat bearing all Goods to be acquired , was ●ound to extend to Goods acquired within a year after the Gift only , and not within a year after the Horning , Iuly 2. 1669. Barclay contra Barclay . HEIRS ●ound to have the benefite of an obligement to re-dispone Lands , albeit Heirs were not expressed , but appeared to be omitted by negligence , seing the clause bear not that they should be●redeemable any time in the Disponers Life , Ianuary 9. 1662. Earl of Murray contra Laird of Gairn . Heirs were ●ound to have right to an Annualrent , though Heirs were not exprest , and though it bear only to be payed yearly to the Annualrenter , and not Heretably or perpetually , February 2. 1667. Pourie contra Dykes . An Heir , viz. a Son being in●e●t as Heir to his Mother , dying without Issue , his Brother V●erine by that Mother not found Heir to him therein , but his Father , February 5. 1663. Lennox contra Lintoun . An Heir found conveenable for the avail of her Marriage , without calling the other●Heir portioner who was dead , Iune 26. 1666. Arbuthne● contra Keith . HEIRS OF LINE and not of Conquest , ●ound to have right to a Tack , albeit Conquest , Iune 23. 1663. Ferguson contra Ferguson . An Heir of Line of a youngest Brother by a several Marriage , found to be the immediate elder Brother of the former Marriage , and not the eldest Brother , Iune 20. 1664. Lady Clerkingtoun contra Steuart . AN HEIR MALE was found to be presently lyable without discussing the Heir of Line , where he was obliged to relieve the same , November 22. 1665. Scot contra Bothwel of A●●hinleck . AN HEIR SVBSTITVTE in a Bond , was found not to make the Substitute Heir lyable in solidum , but quo 〈◊〉 valorem of the sum , this was a mutual Substitution of a sum payable to two Brothers , or the surviver , Iuly 3. 1666. Fleming contra Fleming . Heirs have right in a Substitution , though only a person by Name was Substitute , without mention of Heirs , and though that perso● died before the Institute , Ianuary 5. 1670. Innes contra Innes . AN HEIR APPARENT was allowed to have Aliment from the Liferenter , seing the whole Estate was either affected with the Liferent , or the remainder thereof was appryzed from the appeared Heir for the Defuncts debts , exceeding the value thereof , February 13. 1662. Brown contra Liferenters of Rossie . An Heir apparent was allowed to have Aliment of his Grand-Father , though he had voluntarly infe●t his Son the Pursuers Father , and though the Pursuer had a stock of Money , Liferented by his Mother , here the Grand-Father was Iately fallen to a plenteous Estate , Iune 17. 1662. Ruthven Fe●ar of Gairn contra Laird of Gairn . An Heir apparent taking Right to Land from his Grand-Father , was found not to enjoy the priviledge of a singular Successor , and to be in no better case as to that Right than his Grand-Father , albeit his Grand-Father was living , and the Oye then not immediate Successor , Iuly 23. 1662 ▪ Lord Frazer contra Laird of Phillorth . An Heir Apparent was found to have Right to the Rents of ●is predecessors Lands ▪ although he dyed before he was Infeft , and that the next Heir intrometting with the Re●●s of the years that the former appearand Heir lived , was lyable to pay the said appearand Heirs Aliment , in so far as he Intrometted , December 20. 1662. Lady Tarsappie contra Laird of Tarsappie . An Heir apparent pursuing for Inspection ad deliberandum , was found not to have interest , to cause a party compt and run Probation , that he might know the condition of the Her●tage , though there was a contrary Decision observed by Dury , March 16. 1637. Hume contra Hume of Blacketer , seing the ordinary course since hath been contrary , Iune 22. 1671. L●s●ies contra Ia●●ray . HEIRS IN A TACK found not to require service , but that such as might be served Heirs , might enjoy the benefite thereof , Iune 17. 1671. Boyd contra Sinclar . HEIRSHIP MOVEABLES was found competent to one who was infeft in Lands , and though the same was appryzed , and the Appryzer infeft , yet the legal was unexpyred , and the appryzing stood but as a collateral Security , not as a full Right , February 26. 1663. Cuthbert of Draikies contra Monro● of Foul●s . Heirship moveable was found to belong to an Heir of person who dyed only infeft in an Annualrent , Iuly 19. 1664. Scrymzeour contra Executors of Murray . Heirship moveable was not found competent to a person who was only Heir apparent of Tailzie , and dyed never Infe●t . Ianuary 27. 1666. Collonel Montgomerie contra Steuart . Heirship moveable being renunced from the Heir of Line , in favours of his Father , was found not to return to him after his Fathers death , but to belong to his Fathers Executors , 〈◊〉 18. 1666. Pollock contra Rutherfoord . Heirs 〈◊〉 clause . AN HERETABLE Obligement quoad creditorem may be moveable quoad debitorem , Iuly 25. 1662. Nasmith contra Ia●●ray . An Heretable Sum was found so to remain notwithstanding of a Requisition not being made conform to the clause of Requisition , and so null as being provided to be required by the Husband with consent of the Wife , whose consent was not adhibite , nor was the showing the Creditors intention to require his Money enough , not being made debiro modo , Ianuary 18. 166● . Steuart contra Steuarts . An Heretable Bond was found moveable by a charge , thogh but against one of the Ca●tioners , Ianuary 24. 1666. Montgomery and his Spouse contra Steuart . An Heretable Bond bearing a clause of Annualrent , was found not to be moveable , though the principal sum was not payable till the debitors death , seing the first Term of payment of the Annualrent was past , Iuly 31. 1666. Gordoun contra Keith . Vide Bond , Iune 28. 1665. and Iun● 26. 1668. ONE HOLDEN AS CONFEST was reponed against a Decreet of an inferiour Iudge , albeit a Procurator compeared , and took a day to produce him , but without a Procuratory , or proponing any Defense that might show any Information of the cause , and so no warrand to compear , November 24. 1665. Chalmers contra Lady Tinnel . Holden as confest was not admitted against a Defender absent , where the Messengers Execution did not bear personally apprehended , but that the Messenger knew that the Defender was in his House , but was forcibly keeped from access by his Wife , Iuly 5. 1670. Lindsay and Swintoun contra Inglis . AN HOLOGRAPH Discharge was found not to prove its date against an Assigney , unless it were astructed by Adminicles or Witnesses , that knew it subscribed of that date , Ianuary 4. 1662. Dickie contra Montgomery . A Holograph Writ proves not quo ad datam , yet the date may be astructed by Witnesses above exception ; but persons of ordinary credite , one of two being a Towns Officer , were not found such Witnesses , albeit no exception was competent against them for being ordinary Witnesses , Iune 21. 1665. Bradie contra the Laird of Fairny . Holograph was found proven by production of a Transumpt done judicially , and the Oaths of the Witnesses , and Friends of the Defunct who made the Wri● Transumed amongst his Children , altering their portions ; and though a part of it was written by another when the Defunct was so weak that he could not write , yet the writ was found holograph as to the rest , but not as to this Article , albeit the principal writ was lost and not produced , but only the judicial Transumpt taken off when it was produced , Iuly 30. 1668. Mckenzie contra Balla●dine of Newhall . Vide Death-bed , November 14. 1668. Calderwood contra Schaw . HOMOLOGATION to communicate Appryzings , was found not to be inferred by the singular Successors concurring de facto against third parties , unless it were proven by the singular Successors Oath , that he knew of such a Bond , Iuly 6. 1661. Tailzifer contra Maxtoun and Cunningham● . Homologation of a Decreet was not inferred by payment thereof , without a Charge , seing the Givers thereof were Officers having no Commission , or any civil Authority , Iuly 24. 1661. Iack contra Feddes . Homologation of a Decreet Arbitral quoad , one of many Articles of different matters , was found not sufficient for the whole , November 22. 1662. Pringle contra Din. Homologation of a Fathers Legacy to his Children , was inferred by his Wife , Confirming the Testament without Protestation , not to prove that Legacy , here the Wife by her Contract was provided to the Liferent of all her Husbands Moveables , February 19. 1663. More contra Stirling . Homologation of an Infeftment granted to a Wife in satisfaction of her Contract of Marriage , was inferred by her continuing six or seven years to possess , and setting several Tacks as Liferentrix , where the clause in the Contract was only in general to imploy Money on Land , or Annualrent , and no Infeftment followed thereon , nor was the Husband in possession in his Life , but the Wise began the Possession , albeit the acceptance of the Infeftment was to her prejudice , and was not in her hand , nor did the Seasine repeat that provision particularly , But only according to the conditions contained in the Bond , the Seasine being Registrate , and the Bond still in the Nottars hand Who took the Seasine , in which case the Wife was presumed to know and not to be ignorant of the Terms of her Infeftment , November 14. 1665. Skeen and her Spouse contra Ramsay . Homologation of an Infeftment , bearing in satisfaction , &c. was sound not to be inferred by possessing the Lands , seing the Possessor had another Title , as Heir apparent to persons who dyed Infeft therein , unless it were instructed that the possession was attained by Processe upon the Infeftment in satisfaction , December 12. 1665. Barns contra Young and her Spouse . Homologation of a Feuars Right , and passing from a Declarator against the same , upon a clause irritant , was found not to be inferred by acceptance of two years Feu-duties after the Declarator , except as to these two years that more duty could not be demanded therefore , Iune 6. 1666 , Earl of Cassils contra Agnew . Homologation of a Bond granted by a Minor , without consent of his Father as lawful Administrator , was found not inferred by payment of Annualrent by him after his Majority , especially not being of his own Money , nor by taking a Discharge of the Annualrent to the Principal , and himself as Cautioner , February 14. 1668. Mckenzie contra Fairholm , Here the Discharge related the Bond both as to Principal and Cautioner . Homologation of a Minors Bond , was not inferred by pursuing for his relief after his Majority , but that in case he were not liberate by that mean , he might return to his Reduction upon Minority , February 20. 1668. Farquhar of To●ley contra Gordoun . Homologation of a Tack of Teinds which was null , as wanting the consent of the Patron , was not found inferred by the Ministers receiving the duty conform to the Tack before Reduction thereof , February 27. 1668. Chalmers contra Wood of Balbegno . Homologation of a Decreet was not inferred by giving Bond of borrowed Money for the like sum , and taking a Discharge of the Decreet , seing it was no voluntary deed , but the Debitor was then under Caption in the Messengers hands upon the Decreet , neither a Transaction , if the Bond contained all the sum in the Decreet , unless abatement had been gotten , Iuly 3. 1668. Row contra Ho●stoun . Homologation was not inferred by a Husbands Discharge of Annualrent , as Tutor to his Wifes Child , to infer the Child had right to the Annualrent , whereas by the Bond it self the Wife was Liferenter , Ianuary 18. 1670. Doctor Balfour and his Spouse contra Wood. Homologation of a Decreet of consent , containing a Transaction of parties at the Bar , without any Subscription , was inferred by a simple offer of a Disposition conform to the said Transaction be that party who quarrelled the Decreet as without Warrand , but was not inferred by consignation of the Disposition , for obtaining a Suspension upon obedience to be delivered up , if the Lords saw cause , February 4. 1671. Lowrie contra Gibson . Homologation of a Contract of a Minor having Curators ; without their consent , was not inferred by payment of a years Annualrent of the sum contained in the Contract , being made ●o an indigent Sister , who had no other provision , but homologation was inferred by a Decreet of Registration of the Contract , at the instance of the Party , none quarrelling the same after his Majority , though there was neither Charge nor Execution used thereon , and in the Decreet of Registration , there was neither Protestation nor Reservation , that the same might be quarrelled in any point , Iune 2● , 1671 ▪ Hume contra Lord Iustice Clerk. Homologation of a Testament subscribed by a Wife at the desire of her Husband near his death , was not in●erred by her Confirming the Testament under Protestation , not to prejudge her own Right , though she might have attained her interest in the Moveables , by Confirming her self Executrix Creditrix , Iuly 12. 1671. Murray contra Murray . HORNING granted Summarly upon the late Iudges Act , at the instance of heirs or Executors confirmed , was found to be ●ull , upon the late Act of Parliament , declaring their ludi●●●● proceedings to be quarrellable , seing there● was no ●●justice in the matter , but the Lords gave the Suspenders such time for their Defenses as in an ordinary Action , Ianuary 1. 1662. Barnes contra Laird of Applegirth . Horning doth not affect the Rebels Moveables by the Act 1592 ▪ but that the Rebel may effectually deliver them to one who had Disposition of them before the horning , Iuly 9. 1662. Bower contra Barclay and Iohnstoun . Horning was not found null by payment before denunciation , to be proven by the Creditors Oath ▪ or holograph Discharges , but by the Denuncers Oath of Verity , February 10. 1663. Montgomery contra Montgomery and Lawder . Horning granted against the Magis●rates of a Town upon the Act of their Council , obliging to pay a Debt upon a Bill without Signet , though there was no Process whereon the Act proceeded , or Clause of Registration therein , February 19. 1663. Lady Swintoun contra Magistrates o● Edinburgh . Horning was sustained though on a Charge of six dayes beyond Dee , contrary to the Act of Parliament 1580. ●n respec● it proceeded on consent of parties upon a clause of Registration , and since that Act , such hornings had never been quarrelled , December 16. 1664. Laird of Phillorth contra Forb●s of As●oun and the Lord Frazer . A HVSBAND was found lyable to his Wifes debt , though not established against him during the Marriage , in so far as might be extended to the benefite of her Lif●rent Duty resting after the Marriage dissolved , which could not belong to the Husband , but with the burden of her debt , February 1. 1662. Cunninghame contra Dalmahoy . A Husband was found lyable for his interest in Moveables intrometted with by his Wife of her first Husbands , albeit there was an interveening Husband who was not found to be first discust , but reserving to the Defender to pursue his heirs as accords , February 18. 1663. Dumbar or Hemprigs contra Lord Frazer , Vide interdiction , February 27. 1663. Laird of Milntoun contra Lady Milntoun . A Husband was assoilzied from his Wifes debt , albeit Litiscontestation was past , seing she was dead , and albeit there was an Interlocutor ordaining him to give Bond to pay what his Lady should be found due , Iuly 11. 1664. Inter eosdem . A Husband being pursued to remove from a Tenement , which he possessed jure mar●ti , no Process was sustained till the Wife was cited , Iuly 14. 1665. Iohnstoun of Shee●s contra Brown. A Husband Confirming his Wifes Testament , by giving up his own Moveables and Debt , though he made Faith upon the Inventary , yet was not excluded from debarring the Wifes Legatars upon another debt then forgotten , though not old , December 7. 1665. Anderson contra Cunninghame . But he being lately charged on a debt before the confirmation , it was not allowed as forgotten , Iune 5. 1666. Inter eosdem , A Husbane was not found lyable for his Wifes debt jure Mariti after her death , though in her life there was Decreet against her and him as Husband , seing there was no Execution thereon in her life , December 23. 1665. Dam Rachel Burnet contra Lepers . A Husband and Wife were not found lyable as lucrative Successors for a competent Tocher su●eable to their condition , but for the superplus , and if the provision was exorbitant , not only the Wife but even the Husband is lyable in quantum lucratus est , December 23. 1665. Inter eosdem . A Husband receiving a sum provided to his Wife for her use , Ornaments , or Abuilziaments , or any other use she pleased , excluding the Husband and his jus mariti , was found to exclude the Wifes Executors , seing the husband sufficiently furnished his Wife , and the Granter of the Provision freely made payment to the husband , February 12. 1667. Executors of the Lady Piltoun contra Hay of Balhousie . A Husbands Escheat falling by being denunced as husband for his in●erest upon his Wifes Bond , not subscribed by him , and only at the Mercat Cross of Edinburgh , he residing out of the Countrey , was found not to be Liberate by the dissolution of the Marriage , February 25. 1668. Lord Almond contra Dalmahoy . A Husband was decerned for his Wifes debt , as being holden as confest , upon refusing to give his oath of Calumny whether he had just reason to deny what his Wife had declared upon Oath , the Decreet for that reason was Reduced , February 26. 1668. Grahame contra Touris and her Husband . A Husband having Married a Taverner , who after Proclamation of the Marriage had bought twelve Hogsheads of Wine , and the Pursuer having intented Action against her and him as Husband , she dyed within four moneths after the Marriage , the Husband delivered the Keys of the Sellar to the Magistrates , and Inventared the Wines , and abstained from intromett●ng ; the Husband was not found lyable for what was vended before the Marriage , nor for what remained unfold after his Wifes death , but the burde● of probation was put on the Husband , to prove what was vended before , and what remained after the Wifes death , otherwise to pay the whole , November 25. 1668. Andrew contra Corse . A Husband Ratifying his Wifes Disposition to her Children , by the first Marriage , though after Proclamation , it was ●ound valide , and not Revockable , as Donatio inter virum & uxorem , February 15. 1669. Hamiltoun contra Banes. HYPOTHECATION of the profites for the Rents , was found to prefer a Town setting their Customes , as to the duty due by a Sub●acksman therfore , though not to the Town , but to the principal Tacksman , and though a Creditor of the Tacksmans had arrested the Sub-Tack-duty for the Tacks-mans debt● the Town using no diligence till they were called in a double Poynding , yet were preferred , Ianuary 31. 1665. Anderson , &c. contra the Town of Edinburgh . Hypothecation of the Fruits of the Ground , for the Rent of the same year , was found valide to the Setter of a Fishing against the Do●atar of the Tenents Escheat , who had intrometted therewith , and was found lyable to restore , Iuly 4. 1667. Cumming of Alter contra Lun●d●an . IGNORANTIA●IVRIS non excusat etiam in mulieribus , as that a Bond moveable in the Wifes Name belonged to the Husband ▪ Iune 16. 1664. Murray contra IN AN IMPROBATION a party user of a Writ challenged , but not produced by himself , was admitted to abide thereby qualificate , viz. That he used it as a Writ produced by another , which was in his favours , and knew nothing of the Forgery thereof , Iuly 24. 1661. Laird of Lambertoun contra Earl of Levin and Kennedy . Improbation of a Writ by Exception being proponed , and an Act extracted , the Defender was not admitted to alleadge nullities , quia excepti● falsi est omnium ultima , Iuly 3. 1661. Peacock contra Baillie . In an Improbation , testimonies were published to both Parties , and the Defender was made closs Prisoner , Iuly 26. 1661. Lambertoun contra Kennedy . Improbation was found necessary to be continued , though it bear an express priviledge without continuation , which was thought to pass of course , contrary to form , February 7. 1662. Laird of Auchinbreck contra Mcleree . In an Improbation after Articles indirect for improving , and Articles approving , and a Dispute in Writ thereon , and Witnesses hinc ind● examined on all before discussing the Relevancy , and the Testimonies closed , and new Articles hinc inde , and a Dispute in Writ thereon , the Parties were heard viva voc● , and then all advised , Iuly 11. 1662. Laird of Lambertoun contra Earl of Levin and Kennedy . In an Improbation a Writ was improven , though two Witnesses in it were alive , and examined thereon , and deponed it was his Subscription , the other deponed it was like his when he was young , seing the Writ was null for want of the Designation of the Writer , and other presumptions against it , and seing none of the Witnesses remembred that they subscribed , or that they saw the Party subscribe , so tha● their Testimonies were held no more but as de credulitate ▪ that this was their subscription , seing no ●●n could possibly swear , but that this might be ●en●ied by some other , not remembring of his subscription , neither was holograph Writs found sufficient to astruct , and many Witnesses Deponing these were the hand Writ of the Parties ; yet seing they Deponed not that they saw these written by the Party , it was but like the other , that these were so like his ●and , as that they believed it to be the same , which therefore would have proven , if there had not been contrary presumptions and evidences proven ; here some of the Lords were unclear that this Improbation could absolutely ●mprove as false , but that the Writs never having been in the Creditors hands , and long keeped up by the producer suspecta fama , and many presumptions contrary proven , it might conclude the Writs suspect , and not authentick and probative , but not to be forged or false . which infe●s p●nam sa●guinis , and ought to be on clearer probation then such presumptions , Iuly 14. 1662. Inter eosdem . Improbation of Rights of Lands was found not to be sustained upon the Advocates concourse , without the Kings special Warrand , albeit it was of Kirklands erected wherein the Pursuer stood infeft as Superiour till he were Redeemed by the King , by the Act 1637. and 1661 ▪ anent Erections , Iune 24. 1664. Laird of Prestoun contra Alred . Here some of the Lords remembred the like done in the case of Hopes Goodson when he was Advocate . Improbation being Sustained by exception against an assigney , it was found sufficient that the Assigney abode by the Writ delivered to him as a true Writ , and that he knew nothing to the contrary , and producing his Cedent to bide by it , who though alleadged to be Bankrupt , yet was not obliged to find caution , nor go to Prison , but only to enact himself to appear judicially whensoever any thing that might infer the falshood of the Writ was referred to his Oath ▪ and his being holden as confest , should be effectual to prove both against Cedent and Assigney , Ianuary 3. 1666. Grahame and Iack contra Bryen . Improbation being sustained by exception , and Terms assigned to the Defender to improve , and to the Pursuer to abide by the Write , after the Term was come , the Defender was admitted to propone payment by Bill , the Act not being Extracted on the improbation , though it be omnium exceptionum ultima ; Ianuary 23. 1666. contra Earl of Kinghorn . In Improbations the Lords declared they would grant three Terms for production of Rights of Lands , and appointed the Ordinary to intimate the same , November 26. 1667. Hay of Haystoun contra Drummond and Hepburn . Improbation upon certification was found null , because the Defender was then Prisoner of War in Ireland , and his Right was after acknowledged by an agreeement , though not perfected , Iuly 25. 16●8 . Campbe● c●ntra Laird of Glen●rchy . In an Improbation the Witnesses insert were examined ex officio what they knew of the Truth , or Forgery of the Writs in question , though the Writs were not produced , there being pregnant presumptions , and fragrant fame of Forgery , Iuly 6. 1669. Barclay contra Barclay . In an Improbation after certification was Extracted , The Lords Examined Witnesses as to the Forgery , in so far as it might be known ▪ without production of the Writs in question , and though th● Witnesses were accessory to the Forgery , November 9. 1669. Inter eosdem . In an Improbation where the Writs were once judicially produced in Exchequer , and wilfully keeped up , certification being Extracted , The Lords upon Copies Examined the Witnesses insert and Writer , who confessed the Forgery and were moved thereto by the Defender , whereupon the Writs were not improven as not being produced , but the Writers and Witnesses were found Forgers , and the Defender as user and accessory , and all were declared infamous and remitted to the Council , to use an extraordinary Remedy by Banishment against the Defender . Ianuary 26. 1670 ▪ Inter eosdem . In an Improbation where one of the Witnesses insert had a Designation alleadged competent to more persons , all that were alleadged to be so designed that were alive were ordained to be Summoned , and the hand writs of those that were dead to be produced , Iune 8. 1671. Steuart contra Mckenzie and Kettlestoun . In an Improbation of the Minute of a Tack , wherein one Deponed , that he had subscribed at the Defenders Instigation , who told him that he caused the Pursuers Name to be set to the Writ , and another that he did not see the Pursuer subscribe , and the third who was Writer of the Minute , and also Brother to the Defender Deponed , that he saw the Pursuer subscribe with her own hand ; The Writ was found improven and false , but there was not two Witnesses instructing who was the Forge● , Iuly 22. 1671. Miller contra Bothwel of Gl●●corse . INCIDENT was not Sustained upon an Act before answer , ordaining all Writs to be produced , the parties would make use of which was found only to extend to such Writs as they then had , Iuly 3. 1662. Kello contra Pa●toun . In an Incident four Terms were allowed for proving the having of the Writs by Witnesses , but the Terms were to be short . December 15. 1665. Mo●teith contra Anderson . An Incident was Rejected , because the Pursuer of the principal Cause was not called thereby , and the Executions suspect ▪ December 23. 1665. Laird of C●●neck contra Lord Bargeni● . Incident was not Sustained at the instance of any but these whose Names as Purshers were filled up in the Bill ▪ though it contained a blank , but it was Sustained against the Defenders , havers of the Writs , for whom a blank was left , though nor at first filled up , in respect of the custom for the last and not for the first , Iuly 3. 1667. Creditors of Wa●chtoun contra Counte●s of Hume . PRO INDIVISO was not sustained to hinder Removing of a Relick from an House , as being a Tenement Indivisible , though she had a Terce of it , but the Heretor was found to have Right to possess , yet so that if he dwelt not so himself , she should be preferred to all others , she giving like Mail as others would pay , Ianuary 26. 1665. Logan contra Galbraith . INFEFTMENT of Annualrent holden base , was found valide against a posterior Publick Infeftment , because thereon there was a Decreet of poinding the Ground , though it could take no effect for a long time , seing the Entry to the Annualrent was not till after the Constituents death , February 26 , and 27. 1662. Creditors of Kinglassie competing . Infeftment past in Exchequer on an appryzing against one who was Infeft by his Authour not Confirmed , was found not to supply or comprehend a Confirmation in prejudice of another Creditor , who regularly had obtained Confirmation of that null Seasine , in so far as might concern his base Right depending thereon . Ianuary 16. 1663. Tennents of Kilchattan contra Laird of Kilchattan , Major Campbel and Baillie Hamiltoun . Infeftments gra●uitous to a Wife after she was provided by her Contract of Marriage , was found not to be taken away at the instance of Creditors upon the Act 1621. by Exception or Reply , Iuly 22. 1664. Lord Loure contra Lady Craig . An Infeftment to a Wife in Liferent , was Sustained by her Seasine adminiculat by her Contract , albeit the Seasine was not immediatly upon the Contract , but related a Bond granted for the same Cause , which was not produced , Ianuary 29. 1665. Norvil contra Sunter . Infeftment of warrandice Lands being in the same Investiture with the principal Lands , and both holden base , was preferred to a posterior publick Infeftment of th● same Warrandice Lands , though cled with long possession , and that upon an Action of Mails and Duties upon the Distresse without Reduction , Ianuary 9. 1666. Brown contra Scot. An Infeftment of Kirklands was Sustained ▪ though it bear to be upon Resignation , and had not the r●ddendo●per expressum , but relative to the former Infeftment , without necessity to produce any original Right , seing the Charter was subscribed by the Abbot with consent of the Convent , Ianuary 17. 1666. Lord Rentoun contra Feuars of Coldinghame . An Infeftment to a person on her own Resignation , bearing expresly her to be Heir to her Father , who was last Infeft , The Charter was found equivalent to a precept of clare constat , Ianu●ry . 20. 1666. Inter eosdem . Infeftment of the Office Forrestrie , with a Duty out of the whole Lands of an Abbacy , was found valide being granted by the Abbot and Convent , without Confirmation by the King or Pope , Ibidem . Infeftment in warrandice granted by a Husband to his Wife though base holden of himself , and ex intervallo , after the principal Infeftment , was found valide against a posterior publick Infeftment of the same warrandice Lands , as being cled with the Husbands Possession in the principal Lands , and that there needed no Declarator of Distress or Eviction , but a pursuit of Removing , or Mails and duties upon the Eviction is sufficient , which cannot be excluded by a possessory Iudgement upon seven years Possession by the publick Infeftment , unless it were seven years after the Eviction , February 20. 1668. Forbes contra Innes . An Infeftment of Annualrent being before a Liferenters Infeftment , after which there followed a corroborative Security ▪ accumulating the bygone Annualrents , and giving Infeftment for both , which posterior Security was not Sustained against the Liferenter , nor was it held as if it has been a poinding of the Ground , February 13. 1669. Mclellan contra Lady Kilcu●bright . An Infeftment to be holden of the Superiour not Confirmed ▪ wa● found null ▪ albeit it was only granted for Security of ● Wi●es ●iferent , conform to her Contract of Marriage , Iuly 2● . 1669. Gray contra Ker. An Infeftment of Annualrent was found extinct by the Annualrenters intrometting with the Annualrents of the Lands equivalent to the principal sum , February 4. 1671. Wishart contra Arthur . An Infeftment was found null by reply without Reduction , whereby a Woman was served Heir to her Mother in a Tene●ent● in which her Mother and Father were infeft in Conjunct ●ee , albeit she had probable ▪ Ground to think her Mother was Feear , seing her Father was found to be Feear , and that she was not 〈◊〉 〈◊〉 by Retour , but by precept of favour ; here seven years possession was not alleadged to give the benefite of a possessory judgement , Iuly 1● . 1671. Gairns contra Sa●●ilands . ● Infeftment Vide base Infeftment . INHIBITION was found not to Reach Lands acquired after it , lying in another jurisdiction , then where it was published and Registrate , Iuly 18. 1662. Smeateun contra An Inhibition was found to be valide to reduce or declare against the Person Inhibite , not only for the Lands he had the time of the Inhibition , but these acquired thereafter , December 15. 1665. Ele●s contra Keith . An Inhibition of Teinds was found sufficiently execute by a Sheriff in that part , and not by a Messenger , being direct to Messengers , Sheriffs in that part , which was sufficient to interrupt tacit Relocation , Ianuary 27. 1666. Earl of Eglintoun contra Laird of Cunninghamehead . Inhibition being used on a Sum , was found sufficient to reduce , and that the Inhibition and Reduction thereon could not be purged by payment of the sum whereon it proceeded with Annualrent and Expenses , seing there was a supervenient appryzing upon the Sum which was now expyred , February 24. 1666. Grant contra Grant. Inhibition was found to extend to Rights acquired after the Inhibition , but not to a Wodset acquired after , and Renunced upon payment , without abiding an Order , albeit Renunciations be by the style of the Inhibitions prohibite , yet they are but as Discharges of ●eretable debts or annualrents , against which Inhibitions operate not , to cause them pay again , Iuly 16. 1667. Eleis contra Keith and Steuart . Inhibition was found to extend to Lands acquired after the publication thereof lying in the Shire where it was published , February 27. 1667. inter eosdem . Inhibition on a Dependence was found to take no effect wh●re no judicial Sentence followed , but a Transaction on arbitriment , December 16. 1668. Frazar contra Keith . An Inhibition was found to reduce a disposition , though its date was anterior to the Inhibition as to some Creditors , whose Names and sums were filled up in it by another hand , which was presumed to have been blank , and filled up a●ter ter Inhibition , unless the contrary were proven by Witnesses above exception . Ianuary 15. 1670. Lady Lucia Hamiltoun contra Creditors of Montcastle . An Inhibition was found null , because the Executions thereof bear not a Copy to have been left at the Mercat Cross where it was published , February 12. 1670. Naper contra Gordoun of Grange . Inhibition of Teinds was found not to give Right to draw the Teind without Sentence , where the Here●or had any colourable Title , Ianuary 27. 1665. Barefoord and Bennistoun contra Lord Kingstoun . Inhibition was found Relevant to Reduce the Rights of Creditors , albeit there was a Disposition to two Parties for themselves and for the behove of other Creditors under-written , after which there was a large blank filled up with an other hand , in which the Creditors in question were insert , which blank so filled up , was holden as after the Inhibition , and a prior communing to take in these Creditors , and undertaking their debts by the persons to whom the Disposition was made , was not Sustained to be proven by their oaths , or by the oathes of Witnesses , but only by Writ or oath of knowledge of the Pursuer , Iuly 8. 1670. Lady Lucia Hamiltoun contra Boyd of Pitcon and others . Inhibition being pursued upon to Reduce , and the Pursuer offering to accept the Sums in the Inhibition cum omni causa , albeit there was an expyred Compryzing led upon the Sums , the Defender craving that the Pursuer would assign the Sums ; The Lords found that the Pursuer could not be compelled to assign the same , in respect the offer was only to take satisfaction and Renunce , whereby the Cautioner might not be distrest Inter eosdem . Inhibition was found null by Declarator , because the Executions as they were Registrate , did not bear a Copy given to the party inhibite , albeit the publication at the Mercat Cross bear a Copy affixed , and that the Messenger had added upon the Margent the delivery of a Copy , which was found an essential requisite in the Execution , and that not being Registrate with the Execution , the same was null and could not be supplyed , by proving by the Witnesses insert , tha● a Copy was truely given , against a singular Successor who had bought the Lands for a just price , Iuly 28. 1671. Keith contra Iohnstoun . ●INTERDICTION against a Defunct was found only to extend to the Lands lying within the lurisdiction where it was published and Registrate , but not to the other Lands , nor to Heirship moveable or other moveables , so that the Heir succeeding therein is lyable notwithstanding , February 11. 1662. Ramsay of Torbane contra Mcclella● . Interdiction albeit it be not Sustainable by way of Defense to delay a pursuit , yet it was sustained by way of Reply , seing the pursuer might delay himself , ●●d that otherwise he behoved to quite the Possession , and then Reduce to recover it again , February 13. 1663. Lockhart contra Kennedy . In●erdiction of a Man by ●ond , bearing he should not sell nor dispone without consent of his Wife on the Narrative of his facility whereupon Inhibition was used , was found not to stand as an Interdiction , being inconsistent to bind a man to the direction of his Wife , but that it stood in so far as might be interpret an obligement in the Wifes own favours , for her proper interest to secure her an Aliment according to her quality . February 27. 1665. Laird of Milntoun contra Lady Milntoun . Interdiction was found to give interest to Appryzers or Adjudgers from the Heir of the Person interdicted , to reduce any voluntary Disposition thereupon , albeit they had no special Title to the Interdiction , but had only appryzed the Lands of the person Interdicted cum omni jure , and albeit there was an anterior Appryzer ▪ the benefite of the Interdiction was found appropriat to neither , but common to both , February 20. 1666. Lord Saltoun contra Laird of Park and Rothemay . Interdiction was found not to have any effect as to Moveables , or personal Execution by may of Exception without Reduction , Iune 20. 1671. Crawfoord contra Hallyburtoun . INTERRVPTION of the Prescription of a common Pasturage was found sufficient by turning off the Parties Cattel , without necessity to alleadge an instrument of Interruption , or keeping them off for a long time together ▪ November 14. 1662. Nicolson contra Laird of Balbirnie . Interruption of a possessory judgement , hinders the beginning of a new possessory judgement by seven years Possession after interruption until prescription , Iuly 22. 1664. Montgomery contra Hume . The like of Decennalis & Tri●nnalis Possession , Iune 28. 1666. Laird of Phillorth contra Lord Frazer . Interruption by a Summonds of Reduction and Citation thereupon was Sustained , albeit the Reasons of Reduction were not filled up within the 40. years , seing the Reduction was upon Minority and Lesion , which was insinuate by the interest libelled ab initio . viz. That the Pursuer as Heir to his Sister had good Interest to reduce all deeds done to her enorm lesion , Iuly 14. 1669. Earl of Marischal contra Leith of White●augh . Interruption was Sustained by a Citation only at the Mercat Cross , proceeding upon a Warr●nd to cite at the Mercat Cross , quia non fuit ●utus accessus , which was neither true not instructed , but pas● by Bill of course amongst the common Bills , and the Executions did not bear a Copy le●t at the Cross , the Pursuer adding that to the Execution , Iuly 6. 1671. Mcbrae contra Lord M●d●nald . Interruption was Sustained by a second Summonds ▪ though the first Summonds should be found nul● , and though the Citation was only a day before the fourty years compleat , Ibidem . INTIMATION of a Right of Reversion was found not necessary , where he that had the Right was Infe●t therein , albeit he used no Diligence , and which preferred him to a posterior Assigney , although Redeeming first and possessing , November 1● . 1664. Guthri● contra Laird of Sornbeg ▪ INTROMISSION being by many persons promiscuous , was found not to oblige them in solidum ▪ but equally prorata , unless a greater part were proven against them , thogh the Intromission was vitious and had been a Spuilzie ▪ but not pursued within three years , Ianuary 17● 1667. Captain Strachan contra Morison . Intromission being proven by clear and pregnant Testimonies of Witnesses , though not in Litiscon●esta●ion , but to remain in 〈◊〉 , no contrary probation was admitted even ex officio , to prove that others did Intromet , although Tacks and Wodsets granted to them were produced , and the Possession and Intromission conform ▪ was offered to be proven , and though the Intromission was more then 40. years since , in respect the alleadgeance was founded super jure ter●ij ▪ the Alleadger shewing no Right to the Wodsets , or how the same were satisfied ▪ and the intromission being proven by removing the common Author , and entering to the Natural Possession by 〈◊〉 ▪ Ianuary ●● . 1671. Kello contra Kin●●● . ●VS MARITI was found to carry the Right of a sum assigned to a Wife while she was cled with ● Husband ▪ without necessity to instruct that it was also intimate before his death , Ianuary 20. 1663. Scot contra Dickson . Ius mariti was found not to carry the Right to a Provision granted by the Father to the Daughter ▪ bearing and Annualrent , though but five per c●nt , the Term of payment of the Annualrent being past before the Marriage , Iune 28. 1665. 〈◊〉 contra Edgar . Ius mariti being Renunced ▪ was found not to take away the Husbands power of ordering his Family ▪ and disposing of duties appointed by the Wife of her former Ioynture for the use of their Families joyntly , which was not found to give the Wife a distinct ●●●are of it , or a power to mannage it , but to enjoy her share under the Husbands mannadgement , February . 1667. Ratho and Co●●ng●oun contra Tennents of In●ertile and Lady C●llingtoun . Ius mariti was found to be a Legal Assignation , and being compleat with the Marriage , a voluntar Right by the Wife of the same da●e , with a Tack relating to the Agreement of Marriage granted by the Wife to her second Son● leaving nothing to her Husband , was found excluded thereby , as not being intimate before the Marriage , and being fraudulent in the Wife , and null even against her Son , though not partaker of the fraud , not being an Acquirer for an onerous Cause , in so far as might prejudge the Husband , December 18. 1667. Auchin●eck contra Williamson and Gillespie . IVS SVPERVENIENS &c. was e●tended to any Right real accrescing to the Here●or by one who had Right from the Vsurpers , though that Right be fallen , seing it was consequent on the true Here●ors Right , as obtaining Improbation of other Rights , Iuly 13. 1664. Earl of Lawderda●● contra Wolmet . Ius superven●ens authori accrescit successori , was found not to hold where there does not appear a full equivalent Cause onerous of the Successors Right , or absolute Warrandice , here the first Right was Reduced , and the new Right ▪ but personal to the Mails and Duties till such a sum were satisfied , Iuly 19. 1664. Dowglas and Longformacus her Spouse contra Laird of Wedderburn . Ius superveniens authori accrescens successori , was found to make a gi●t of Ward to the behove of the Superiour accresce to the Vassal , to whom he was bound in absolute Warrandice , they paying a part of the expence , February 15. 1665. Boyd of Pinkill contra Tennents of Cars●leu●● . Ius superveniens authori accrescens successori ▪ was found to have thir effects that a Tack for a small duty granted for sums of Money with absolute warrandice , was not prejudged , because the ●etter was not then Infeft , nor excluded by a posterior Heretable Disposition of the Lands , albeit the Authors supervenient Right was procured by the Acquirer of the said Disposition , who infeft his author and himself , both of the same date , and who alleadged that his Authors Right being procured by him , could not accresce to the Tack●●man in his prejudice , Iune 21. 1671. Nei●son contra Menzeis of Enoch . IVS TERTII was found to exclude an exception upon on Assignation intimate to the Debitor , and a Decreet thereon , seing there was no payment , but gran●ing Suspension without ▪ Caution or Consignation , that the parties might dispute their Rights , Iune 16. 1665. Bruce contra Earl of Mor●oun . ●us tertii was found not to hinder an Appryzer to quarrel another Appryzers Right as wanting an Assignation to the debt on which the Appryzing proceeded , albeit he had no Right from that Cedent , nor any other interest but to exclude the Appryzing as informal ▪ albeit that Cedents Heir had renued the Assignation , and de●lared that there was a prior Assignation by his Father , and that his Right was in Trust , Iuly 22. 1668. Iohnstoun of Shee●s contra Arnold . THE KINGS PALACE of H●ly-rude-house was found to be ex●mpted from the Regality of Brughtoun , and in the Royalty , and Citations against Parties residing there at the Cross of Edinburgh , were Sustained , Ianuary 11. 1662. Lady Carnagie contra Lord Cranburn . KNOWLEDGE though private hinders bonae fidei possessor lucrari fructus , November 20. 166● . Children of Wolmet contra Lady Wolmet and Dankeith her Husband . LAW of Scotland only Regulates Succession of Scotsmen , as to their Lands and Goods in Scotland , though they reside and 〈◊〉 abroad , and no nuncupative Testament there can exclude the nearest of kin h●re , Ianuary 19. 1665. Schaw contra 〈◊〉 . The Law of England was found to reach the manner of probation of a Bond made there by an English-man to a Scots-man residing 〈◊〉 , after the st●le of England , and that payment to the Cedent was probable by the Cedents Oath , and payment also probable by Witnesses , Iune 28. 1666. Mom●rlane contra Lord Melvil . Yet a Bond by a Scots-man to an English-man in England , after the stile of Scotland , Registrable there , was found Regulate by the Law of Scotland , and no● taken away by Witnesses Ibidem . A LEGACY of an Heretable Right was found null , though in le●ge po●stie , February 21. 1663. Wardlaw contra Frazer of Kilmundie . A Legacy le●t of 600. merk● , and in part thereof the Executors ordained to Discharge or give Back-bond of 200. merks due to the Testa●rix , which Bond was found to belong ●o the Husband jure mariti , and that being Moveable , the Wife had but her half of it , yet the Lords found that the Executors ought to make it up● to the Legata● as l●g●tum rei aliena scienter legat● , for that being a palpable principle in Law , they could not excuse the Wifes ignorance therein , Iune 16 ▪ 1664. Murray contra Executors of Rutherfoord . A Legacy being special , was found not to be abated proportionally with ordinary Legacies in case they exceed the Deeds part , Iuly 21. 1665. Spr●●l contra Murray . A Legacy of a Bond in special was sustained ▪ though the Executor had an Assignation thereto from the Defunct ▪ seing the same Legacy might be made up of the 〈◊〉 Gear , as being l●gatum rei alien● , seing it was presumed that the Defunct remembred his own Assignation , Iune 24 , 1664. Fal●●n●r contra Mcd●wgal . LICENCE to pursue was s●stained without Confirmation , though granted after the principal Testament was Confirmed , being to a Creditor , Iune ●0 , 1665. Stevinson contra Crawfoord . Licence to pursue was sustained after Confirmation of the principal Testament and before Confirmation of Datives ad ommissa , February 21. 166● . Scot of Cl●rkingto●n contra Lady Cl●rkingtoun . AFTER LI●ISCONTESTATION Alleadgeances instantly verified are receivable , Iune 24. 1663. Bruce contr● Laird of Str●●chan . Litiscont●●●ation being made before the Commissars at a parties instance as Factor , it was found relevant against that party pursuing as Executor Creditor , being instantly verified , February 10. 1663. Crawfoord contra Creditors of Inglis . LOCVS PENITENTIAE was found to have no place in an agreement to take a les● sum , it being as pact●● lib●ratori●m , though writ was not interposed , others of the parties Transactors having payed conform , December 12. 1661. H●pburn contra Hamilt●●n of Orbi●●●um . The like in restricting an annualrent to a part of the Lands ●ffected , February ● . 1666. 〈◊〉 contr● Hunter and Tennents of Camb● . Locus 〈◊〉 was found competent to one who had bought Lands , though he had written that he thought he could not be able to keep the Bargain and furnish the Money , yet sub●oyned that he would not pass from the communing , and albeit he had received the Key● of the House , seing there was neither Minute nor other W●●t drawn up ●h●reupon , Ianuary 28. 1663. M●ntgomry of Sk●lmorly contra Brown. THE LORDS Sallatles , or the Pensions of the King are not arrestable , conform to a Letter of the Kings and Act of Sederunt , February 8. 1662. contra Murray . The Lords found themselve● competent to Iudge the Nullities of the Decreets of the Commission for Plantation of Kirk● , which wer● visible and instantly v●rified , and needed no Reduction , as that a Decr●et against an Heretor not called was null , Ianuary 16. 1663. Earl of Roxburgh contra Kinn●●r . The Lords found themselves competent to Iudge upon the Iustice Generals Decreet for Assythment , which hath but a civil effect for damnage , December 16. 1664. Innes contra Forb●s of Tolq●●●n● . The Lords gave warrant Summarly upon Supplication to take the person of a Bankrupt , who was unexpectedly and fraudfully fled , Nov●mb●r 30. 1665. Creditors of Masson Supplicants . The Lords albeit they are not Iudges in Causes Criminal , yet they found themselves co●petent to Advoca●e a Criminal Cause of Theft , but upon the old Act of Parliament of King Iam●s the second , from ● Sheriff to the Iustice General , February 21. 1●66 contra Sheri●● of Inv●rn●ss● . The Lords deposed a Writer to 〈◊〉 ●igne● for inserting an Article for possessing a party in Letters of Horning , having no warrand for the said Article , Ianuary ● . 1669. Zeaman contra Monreiff . The Lords upon a Bill for Horning upon Excommunication allowed the party Excommunicate 〈◊〉 object against the Gro●nds of Excommunication , who having founded upon an appeal to the King and Council , The Lord● having had an account from the Council , that they had Remitted that matter to the ●ishop , did pass the Ho●●ing , Iuly 6. 1670. Archbishop and Presbytery of St. Andr●w● contra Pittill● . LVCRATIVE SVCCESSOR was not inferred by a Disposition and Infeftment to the behove of the appearand He●r ▪ but only in so far as was Lucrative 〈◊〉 valor●m , Ianuary 14. 1662 , Harper contra Hume of ●landergast . Lucrative Successor was not inferred by a Disposition by an Vncle to his Nephew the Brother being alive , who was not found alioqui successurus , as in the case of an Oye , November 22. 166● . Sc●● co●tra B●ss●wel of Auchinleck . Lucrative Successor was inferred by an Assignation of an Heretable Bond by ● Father to his eldest Son , who would have succeeded him as Heir therein , and that the same was not alike with Bonds of Provision , wherein in Father 〈◊〉 only De●itor to the Son , D●c●mb●r ● . 1665. Edgar contra Colvil . Lucrative Successor was not inferred by accepting of a Tocher , yet so as if the Tocher were exorbitant , both Husband and Wife were found lyable to the Fathers Creditors for what was above a competent Tocher , December 23. 1665. Burnet contra Lepers . LIFE being presumed , was taken off by the Parties being ●● . years out of the Coun●rey , and commo●ly ●olden an● 〈…〉 There wa● also a Letter produced by a 〈◊〉 in the Wa● ▪ bearing that the party was dead , February . 18. 1670. Lowry contra Drummond . LIFERENTERS of an annuaIrent wa● found Iyable for publick burden with the 〈◊〉 , albeit the Act 164● ▪ thereanent was Rescinded as being due in jure , Iune 18. 166● Fleming contra Gillies . A Li●erenter being Infeft in a Liferent of Lands cum m●ll●ndini● , was found to have right to a Miln builded thereafter upon the Land by her Husband , but not to the abstracted Multures of his Lands , except the Liferent Lands , February 16. 1666. Lady Otter contra Laird of Otter . A Liferenter being by her Contract ●nfeft in Lands , obliged to be worth such a Rent besides Teinds and Fe●-duties , or at her option , the heir was obliged to accept a Tack of the Lands for the like sum of free Rent ( by free Rent ) was not only understood free of Feu and Teind Duty , as is exprest in the first part of the Clause , but free of the ordinary publick burdens , viz. Taxation , but not of extraordinary publick burdens , such as Cess , but in so far as the Tennents relieved the Heretors , February , 22. 1670. Countess of Cassils contra Earl of Cas●ils . A Liferenter of a Miln surviving Martinmas , her Executors were found to have Right to the whole years ●ent of the Mil●● , in the same way as if it had been Ferm of Lands , and that the Legal Terms thereof were Whi●sunday and Martinmass , albeit the Milns Rent was payable in Money , and that the first conventional Terms payment thereof was at Candlesmass after the separation of each Cropt , and the second , Whitsonday thereafter , and that the Miln Rent was not to be accompted as House-mails , Iuly 20 , 1671. Guthri● contra Laird of Mck●rstoun . A Liferenter was found to have Right to the Cro●t of Lands Laboured by her , without payment of any Rent therefore , albe●t she dyed in April , and neither survived Whitsonday nor Mart●mass● Iuly 25. 1671. Inter cosdem . LIFRENT ESCHEAT of a Wodsetter affects the sum of the Wodset , which being consigned and the Lands Redeemed was ordained to be given up to be Imployed de novo to the Redeemer in Fee , and to the Donatar in Liferent , Iune 29. 1661. Tailzifer contr● Maxiou● and Cunning●ame . Liferent Escheat is compleat by Rebellion year and day unrelaxed , and no Appryzing led thereafter will pre●udge the same , albeit it be before Declarator Ibid●m . Liferent Escheat was found preferable to a base Infeftment , anterior to the Rebellion , not having attained possession in cursu R●b●llionis February 21. 1667. Mil●● contra Clerkson . Liferent Escheat was excluded by the Superiou●● consent to a Wodset of the Rebels Land of the same date with the Donatars Gift , seing the Wodsetter was in Possession , and needed no Declarator , Iune 19. 1669. Scot contra Langtoun . The Liferent Eschea● of a Vassal was found 〈◊〉 fall and affect the Ground against the Appryzer thereof , and that the Charge ●gainst the Superiour did not so denude the Vassal as to evacuat his Liferent , without disputing whether the Superiour was in the fault in not obeying the Charge , Iune 2● . 1669. D●wglas contra Li●k . Liferent ●scheat of an annualrenter was found to Exclude an Appryzer of the Annualrent , whereupon there was neither Infeftment or lawful Charge ▪ as to the years post cursum R●b●llionis , February 23. 1671. Lord Iustice Clerk contra Fair●olm . THE LYON was found competent Iudge to the deprivation of Messengers , and to the Penalties contained in their Bonds of Caution , both against themselves and their Cau●ioners , but not as to the dam●●ge of Parti●s , either as to the Messenger or Cautioner , February 13. 166● . G●●●son contra M●●lrey Messenger . The same Iune 27. 167● . H●ri●●● contra C●rb●● . MAGISTRATES were found lyable for the debts of a Rebel Incarcerate by Act of Warding escaping , without necessi●y of calling that person against whom there was De●reet standing , February 7. 1662. B●nnar contra Fouli● . Magistrates were found lyable for the debt of a Rebel escaping , though in the time of Richard the Vsurper , being before any other Authority was set up , and was not e●●ded because he escaped out at the Roo● of the Tolbooth and brok● it , that being in day light , November ●3 . 1664. Hay contra Magistrates of Elgin . A Magistrate , viz. a Sheriff pursued for the debt of a Rebel escaping , was assoilzied because the Rebel escaped Vi 〈◊〉 , having wounded these who assisted the Sherist , D●cember 2. 1664. Wilson contra Hum● of Linthil . Magistrates were not found lyable for the debt of a Rebel escaping Vi ma●or● , though it was in the Night , and that the Prison Door was opened to let in the Rebels Supper at the ordinary time , Ianuary 25. 1665. Baird contra Magistrates of Elgin . Magistrates were found lyable for the debt of a Rebel escaping though he had taken the benefite of the Act of Debitor and Creditor , seing at his Incarceration he shew not his attest of taking thereof and paying his annualrent conform , February 17. 1665. 〈◊〉 contra Magistrates of Elgin . Magistra●es were ●ound Lib●ra●e ●●m the deb●● of a Rebel whom they were charged to take , being charged in the Night , and while they were ordering the quarters of the Army , and offering the Towns Officers to concur , and now offering to put the Rebel in Prison in as good case as he was then , which was sustained joyntly , albeit the Rebel was in the same House , and did Deforce the Messenger , wherein some of the Town Officers were assistant , but without Warrand , Iune ●3 . 1661. Antrobus contra Anderson Provost of Glasgow . A Magistrate Elected Bailli● of a Burgh , Charged on General Letters to accept and exerce the Office , was liberate in respect of the Act of Burrows , that none shall continue in Office above two years , which time he had been Baillie , The Reason was found Relevant ; Ianuary 2. 1668. Wilson contra Magistrates of Queensferry . Magistrates suffering a Rebel to escape , and being decerned for the debt thereupon and paying , and taking Assignation to the debt , were found to have no reco●●se against the Rebels Ca●tioners , who if they had been distressed by the Creditors , would have had Recourse against the Magistrates , who were lyable not only of the Creditor , but to all others having interest ex damno & delicto , and they as Cautioners were interessed that the principal should not escape , seing his continuing might obtain their Liberation by his payment , but the ca●e was not debated whether the Magistra●e might not pursue the principal Debitor who ●●caped and was chiefly in delicto , and they but acces●ory , Ianuary 24. 1668. Magistrates of contra the Earl of Find●atour . Magistrates of a Burgh were decerned for the debt of a Rebel escaping , though they were not Magistrates the time of his escape , and without necessity to discuss these who were then Magistrates as being in the fault , but prejudice to the Town and p●esent Magistrates , to pursue them ●s accords , Ianuary 31. 1668. Paplaw contra Town of Edinburgh . Magistrates of a Burgh of Regality were found lyable for a sum where they refused to receive a party taken by Caption , albeit they had no Provost nor common Good , no● were not in use to ●ncarcerate , in respect of the Act 1597. cap. 273. Here the Burgh had a convenient Prison , and the Rebel dwelt in their Burgh , Iuly 7. 1668. Hamiltoun contra Callender . Magistrates were found lyable for the debt of a Rebel whom they were required to take , and did not , being within their Iurisdiction and the House designed , and they charged by the Messenger , who offered to go in before them , which they were found obliged instantly to do , without waiting to conveen the Neighbours , unless they had been keeped out , or repusled v● major● , Iuly 2. 1669. Farquhar contra Magistrates of Elg●● . Magistrates of the head Burgh of a Steuartrie were found lyable for the debt of a Rebel escaping out of the Prison , without disputing whether Burghs within Steuartries , not being Royal Burrows , were obliged to receive Prisoners ▪ seing they had actually received this Prisoner , but their keeping him in a private house ten dayes , while a Treaty was continued with the Creditor , was found not to infer disobedience of the charge , or payment of the debt , Iune 8. 1670. Cheap contra Magistrates of Faulkland . Magistrates were not found lyable for the debt of a Rebel escaping , who was arrested in their Tolbooth , but the arrestment was not formal , and whereas it bear that upon Caption , the Messenger came to the Tolbooth and comm●nded the Prisoner to continue in Prison , as being arrested for that debt , and that in presence of the Iaylour , and that intimation was made to the Magistrates , seing the intimation to the Magistrates was altogether improven , and the arrestment in presence of the Iaylour contained three Witnesses whereof one affirmed , and the other denyed , and a third was dead , and the Messenger was then Excommunicate for Crimes , Iune 18. 1670. Hay contra Magistrates of Elgin . Magistrates were found lyable for the debt of a Rebel escaping out of their Tolbooth , albeit the Tolbooth had ●our locked Doors without one another , and that the Rebel had gotten in some Masons Tools , and broken up all the Doors in the Night , seing they had not Chains , and Bonds locked upon the ou●er sides of the Doors , to which the Rebel could not reac● , albeit their custom was very ancient to put on Cat-bonds only upon Prisoners imprisoned for Crimes , February 11. 1671. Will contra Town of Kirkald●● . Magistrates were not found lyable for the debt of a Person Incarcerate in their Tolbooth , whom they had suffered to go free up and down their Streets several times , whereupon the Creditor took Instruments and Protestation , seing the suffering the Prisoner to go out was necessary to mendicat his Bread , being altogether indigent , and that he went once to the burial of a Child of his own , and that he continued in Prison and died there , February 14. 1671. Bain contra Baillies of Culross . Magistrates were not found lyable for the debt of a Rebel whom they suffered to come out of Prison with a Guard to go to the Kirk or to the Fields for health , or any other necessary cause , as to time past , in regard of their common custome so to do , but that in time coming they should let none go out except upon great hazard by sickness , and upon Testificates upon Oath , and when other application could not sa●ely and timeously be made to the Council or Session , Iune 14. 1671. Town of Breichen contra Town of Dundee . MANDAT or Warrand of a Servant taking off Furniture from a Marchand for his Master , and giving his Recept , and bearing that he had received ▪ such Furniture in Name of his Master and for his use , was found not to oblige the Se●vant to pay , nor yet to instruct that he had warrand , but t●e warrand was presumed as known to the Merchant , unless it were proven that the Servant did otherwayes imploy the Furnishing than to his Masters use , and specially in the case where the Master was dead long ago , November 17. 1665. How●eson contra Cockburn . Vide Command . Vide Wi●e , February 4. 1665. Paterson contra Pringle . IN MAILS AND DVTIES the not calling of the De●enders Master was not ●ound Relevant as in a Removing , nor may the Tennents alleadge peremptorly on their Masters Right , which is jus terti● , but they should have intimate to him to compear for himself , and they may yet Suspend on double poynding , and call the Party and their Master , Iune 10. 1665. Hume contra In the Mails and Duties of a House , the damnage sustained by the Tennent , by the fall of a Neighbouring house was found to be allowed , Ianuary 2. 1667. Hamiltoun contra MAINTAINANCE of August and September 1650. being destinate for the provision of the Army , and assigned to these who advanced the provisions , they were not found to be excluded by any subsequent quarterings , Iuly 27. 1665. Rae contra Heretors of Clackmannan . Vide Devastation , here singular Successours were not liberate , Iuly 28. 1665. Inter eosdem . The Maintainance appointed to be uplifted by Bogie by the Act of Parliament 1661. which excepts singular Successors who bought the Lands , was found not to extend to an appearand Heir who brooks by an appryzing , which as to him is Redeemable within ten years for what he payed for it , here it was not alleaged that the payed sums equivalent to the worth February 8. 1668. Weyms contra Laird of T●lquhon . Renewed Ianuary 20. 1669. Inter eosdem . The Maintainance 1648. to be up●●fted by Bogie , was found not to extend to these who had exemption upon consideration of burning by the King and Parliament , 1651 ▪ though that Parliament was Rescinded ; and though all exemptions were excluded by Bogies Commission , seing by the Act Rescissory private Rights done by that Authority were excepted , Iuly 21. 1668. Weyms contra Campbel of Edenample . Maintainance for the year 1648. was found to burden Lands though they were now in the ●ands of singular Successo●s , who had acquired the time of the Act , Ia●uary 23. 1669. Weyms contra Frazer of To●lie . MARRIAGE pursued by a Donatar was not excluded because the Pursuer instructed not that the Lands held of that Superiour , nor held Ward , seing he disclaimed not , nor by the Superiours Subsc●ibing Witness in the Vassals Contract of Marriage after the Donatars Gift ; it was also found that the Marriage might be pursued both Realiter & personaliter against the Vassal to pay , February 25. 1662. Arbuthnet of Fiddes contra Keith . Marriage being dec●rned by the Commissar to be solemnized upon a Bond granted by a Man to a Woman , bearing a Child to be gotten under promise of Marriage , and it being alleadged that the Woman had been unchast since , which as it would annul , so much more hinde● the Solemnization of the Marriage , and it being alleadged that the Child born after was presumed to be the same man's who got the first , and so obliged to solemnize the Marriage , The Lords found the presumption held not where there was no formal Marriage , and so the Woman behoved to prove the second Child to be this mans , Ianuary 31. 1665. Barclay contra Baptie . Marriage of an Heir was ●ound due as to the single avail , albeit the Heir was Married before his Predecessors death by a fraudulent precipitation to exclude the Superior from the Marriage , he being Married when his Predecessor was moribundus without previous Treaty or Proclamation , the Predecessor dying within some ●ew ●ays , and showing no other sufficient cause of the said precipitation but to exclude the Superiour ; here were adduced the Testimonies of Skeins explications upon Quonia● atachiamenta de maritagio , bearing that this was praxis for● in his time , and expressing three Decisions thereof , February 20. 1667. Lord Thesau●er and Lord Advocat contra Lord Colv●● . Marriage , vide Contract . Vide Clause , December 20. 1664. Young contra Buchannan . MELIORATION of a Liferenters House by her was ●ound to oblige the Feear after her death in quantum Itucr●s est by a better Rent , February 23. 1665. Iack contra Pollock and Rutherfoord . IN MERCHANTS ACCOMPTS taken off by persons intrusted , and converted to the persons use , was ●ound to make them lyable to the Merchand , unless the party prove that they p●yed the price to the Party intrusted , but if they knew the per●on intrusted took off the Ware , not on their own Credite and Name but the Constituents and from what Merchant , then they should have called for the Merchants Discharge , else though they payed the person instrusted if they payed not the Merchant , it is on their peril who knew the Merchants interest , but not so when they payed and knew not who was Merchant , or in whose Name and Credit the Ware was taken off , February 20. 1669. Bruce Merchant contra Laird and Lady Stanhope . METVS CAVSA was found Relevant thus , That a Wife shew her unwillingness at the subscribing by the Witnesses insert and other Witnesses , and that the Husband was a fierce man accustomed to be●t her , and that he did particularly threaten her to consent to quite a part of her Liferent , Iune 24. 1664. Woodhead contra Nairn . Metus was sustained to take away a Bond given for fear of Caption , the Party being sick when he was taken Prisoner , Iune 22. 1667. Maire contra Steuart of Shambelly . A MILN being built by a Husband upon his Wifes Liferent Lands , wherein she was Infeft cum ●olendinis in the ten●●dar , was found to belong to the Wife for her Liferent u●e , but not any Thirle Mul●ures of others of the Defuncts Lands , February 16. 1666. Laird of Otter contra A Miln once going 28. hou●es may not be De●olished as novum opus , via fact● being a Common-good ; but by civil in●erruption & via jur●s , though it was but a walk-miln , Iune 24. 1667. Hay of Struie contra Fe●ers . A Miln was found to be in the same condition as Land in relation to Heirs and Executors , Liferenter and Fe●ar , so that the He●eto● surviving Whitsonday , his Executor hath the half , and surviving Marti●mas the whole Rent , though the conventional Terms were Candlesmas for the first , and Whitsonday for the second Term , the Entry being at Whitsonday , Iuly 20. 1671 ▪ Guthrie contra Mckerstoun . A MINISTERS Stipend by Decreet of Locality was found not to be understood the measure of Linli●hgow , but the mea●ure of the Shire , where the measure was indefinite , and the Stipend not e●ght full Chalders of Victual , and was usually payed by the measu●e of the Shire 15. years before , Iune 27. 1669 , Minister of Dalrymple contra Earl of Cas●il● . A MINOR was not restored , who gav● a Bond bearing expresly he was Major , unless it were proven the Minor knew he was Minor , or did induce him to insert that Clause , or that by inspection he might have known him Minor , not being near Majority , February 23. 1665. Kennedie of Auch●iford●● contra Weir . A Minor during his Minority having obtai●ed Decreet against his Curator to renunce his Office , the Curator was not ●ound liberate thereby , even of omissions after the Decreet , but it being alleadged that the Minor was irregular , and had forcibly intrometted with his Rents ; The same was sustained pro tanto , Iuly 21. 1664. Scot of Broad-meadows contra Scot of Thirlestoun . A Minors Bond was found null by Exception , because it was not with his Fathers consent as lawful Administr●tor to him , unless it did appear he had an Estate of his own and mannaged it apart , December 22. 1665. Leslie contra Sinclar of Dun. A Minors Disposition of Land was found v●lide , unless Lesion appeared , though it wanted the authority of a Iudge , ●hich is only requisite to the Dispositions of Pupils ▪ and though the Minor had no Curators , December 13. 1668. Thomson contra Stevinson . A Minor was restored though he wai●ed on the Tolbooth as a student at Law , but was intertained by his Father , and though the Father Subscribed the same Writ , seing the Son subscribed as Cautioner for him , and so his Authorizing was to his own behove , Dec●mber 5. 1666. Mckenzei contra Fairholm . A Minors Bond having Curators not authorized by them , was found null and extended to a Son , and a Father as lawful Administrator , as Curator to him , and that his Sons Subscribing with him as Cautioner for him or with him for any other principal Conjunctly and severally , was not thereby sufficiently auth●rized , neither as Cautioner for his Father , nor the other ●orr●i debendi , his obligation as to both being to the Fathers behove , as giving his Father thereby Relief , and so the Son could not be authorized by the Father to the Fathers own behove , Iuly 25. 1667. Inter eosdem . A mi●or having ▪ Transacted with consent of his Curators for a Right and after his majority , having received the Bonds delivered to the Creditors upon the Transaction , and having discharged the Curators as having Faithfully acted , and having in the Curators Accompts reserved Reduction of that Transaction upon Minority and Lesion which then was raised , was not found thereby excluded from the Reduction , but 〈◊〉 being doubtful whether that Reservation was in the accompt when it was first Subscribed , the Writer and Witnesses were appointed to be examined ex officio there●nent , Ianuary 26. 1671. Car●● contra Cunninghame . MINOR NON TENETVR PLACITARE ▪ was found not Relevant in a Recognition , February 19. 166● . Lady Carnagy con●ra Lord Cranburn . Minor non tenetur placitare super heredita●● pa●erna was found to have no place where the Father had only a Disposition and was not Infeft , but if his Infef●ment were instructed , the Minor was found not obliged to produce ●a●der , or to Dispute the Reason of Reduction , albeit it was not upon priority or Solemnities of the Rights , but super dolo aut me●● , yet the Pursuer was admitted to produce Witnesses for any point of Fact to remain in re●entis , least they might dye medio temp●re , Ianuary 31. 1665. Kello contra Pringle and the Laird of W●dderburn . Minor non tenetur placitare was found not to defend a Liferenter , whom the Minor Feear was obliged to warrand , and that her Right being Reduced , did not accresce to the minor Feear , nor did his ●ollerance defend her Possession , Iuly 5. 1665. Borthwick contra Skein . Minor non tenetur placitare was found valide , though the Reduction was against the Fathers Authors Right as not being infeft , Ianuary 18. 1667. Chapman contra W●ite . Minor non tenetur placitare super har●d●ta●● paterna , was found not Relevant to stop a Process of Recognition of Ward Bands upon the Vassals alienation of the major part thereof , although the Sub●vassal who was also cited was minor , seing the Vassal who was major ▪ his Right was principally in question , and the Sub-vassal minor , his Right fell in consequence , February 22. 1668. Cochran contra MINORITY AND LESION was found Relevant to Reduce a Womans Contract of marriage in so far as it came short of the ordinary conditions in ●avours of such persons in their Con●racts of marriage , which was not ●ound to annul the provisions of the Lands and Sums to the Heirs of the marriage , which failing the mans Heirs , nor yet to make any portion thereof to return to the Wife in that case , as not being ordinary , but only to rectifie the same as to the Wifes loynture , November 22. 1664. M●gil contra Ruthven of Gairn . Minority and Lesion was found only competent by Reduction , and not by Ex●eption or Suspens●on , Iune 28. 1665. Ky●e contra sea●oun . Minority and Lesion was not ●lided , because the money was delivered to pretended Curators , who were lyable to the minor without di●cussing the Curators first , seing they were not in this Process , and the minor hath his option to Reduce against the Creditor , or pursue his Curators and Intrometters , Iuly 2. 1667. Lord Blantire contra Walkinshaw . Minority and Les●on being insisted in by reduction and majority being alleadged in defense , neither party was preferred in probation , but Witnesses allowed hinc inde , February 20 ▪ 1668. ●arqu●ar of Towli● contra Gordou● . Minority and Lesion was sustained to Reduce a Disposition by a Wife to her Husbands Brother , though it had been to her Husbands behove in contemplation of the marriage , seing there was no remuneratory provision on the Husbands part , and that the legal Terce was not enough , but that the Husband ought to have acquiesced in his jus mariti , as well as the Wife in ●er Terce , or both had mutual provisions , here the Wife was carried away and married without her Freinds consent , Iuly 14. 1669. Earl of Marischal contra Keith of Whitehaugh . A MINVTE disponing Lands with part and pertinent , was found to be extended ●o , as to express common pasturage in a Muire possessed therewith the time of the Bargain , February 14. 1668. Borthwick contra Lord Borthwick . A Minute was ex●ended by the Witnesses insert , as to the manner of payment , which was not so exprest therein , Ianuary 15. 1666. Ch●ap contra Philip. A MISSIVE LETTER by a Merchant to a Factor to send home Wine on such another Factors credite , with whom the Writer not being acquaint , but upon the Factors account , was found to oblige the Writer and not that third party , unless he had accepted , neither then did it liberate the Writer , but the third party was expromissor , in this the Lords would not take Examination of Merchants what such Letters did import , February 7. 1665. Pallat Factor at Burdeux contra Fairholm . A Missive Letter was found to instruct an accompt of 100. pound sterling received and Furniture sent , albeit it was not holograph nor amongst Merchants , but betwixt noble persons , being for ●urniture sent from London to the Writer of the Letter , by the other noble person , being then at London , to whom it was written , the said receiver of the Letter making Faith that this was the true Letter that he received from the other , February 28. 1671. Earl of Northesk ●ntra Viscount of Stormont . Missive vide Clause , Iuly 15. 1662. Wauchop contra Laird of Niddrie , &c. A MOTHER was found obliged by the Law to aliment her Children according to her means , they having no means of their own , or any person representing their Father able to aliment them in their Family , but that the Mother was only ●bliged to aliment them in her Family , d●d not to pay modification for their Education out of her Family ▪ albeit they were ●oble persons and the Mother had miscarried , February 23. 1666. Children of the Earl of Buchan ▪ contra Countess of Buchan . A Mother taking a Bond to her self in Liferent , and to her Children in Fee ▪ was ●ound not to have powe● to alter or assign that Bond to another , as being presumed to be made by her own means , but the same was presumed to be the Childrens means● by their Father , though their Mother was not Tu●rix or Curatrix to them , seing the Bond did not express it to be the Mothers own means , no● reserved a power to the Mo●●er to Dispone , February 18. 1671. Dundas contra the Lairds of Ardros● and ●ouch . MOVEA●●ES being craved to be restored as being the Pursuers , the Libel was not found Relevant , unless he condescended quomodo des●t ●osildire , and instruct the same , and he having condescended that it was by Loan , it was found probable by Witnesses , 〈◊〉 21. 1665. Scot contra Fletcher . In Moveables possession presumes a Title , without necess●ty to instruct the possessors authors Right● without distinction of ordinary moveables or lewels , unless the presump●ion be elided by ●●onger probation , that such Iewels could not have belonged to him that impigno●ate the same , who neither had them as a Merchand nor leweler , neither did nor could make use of them for his own wearing ▪ Dec●mber 12. 1665. Ramsay contra Wilson . Here the first Author Impignorat them by Writ , and immediatly ●ent abroad . NEAREST OF KIN surviving the De●unct , Transmit their share of the deads part to their ●xecutors , and it doth not accres●o●●● the rest of the nearest of kin or to their Executors , February 1● . 166● . ●ell contra Wilkie . IN NONE●TRY the full Rent is due from the citation in the general De●●arator , and not from the time of the Sentence only 〈◊〉 , and accordingly the special Declarator was sustained ▪ Iuly 25. 1666. Harper contra his Vassals Idem . Iune 12. 1673. Faw contra Lord Balmerin● and Laird Pourie . NOVITER V●NIENS AD NOT ITIAM was sustained to reduce the Circumduction of a Term , upon the Suspenders making Faith that the Writs now produced to prove what was then ●o have been proven , were found out by her , since the Term was Circumduced , Iune 29. 1665. Norvil contra Suntar . OATH OF A WIFE never to come in the contrary of her Bond granted 〈…〉 , was found not to hinder her to alleadge that the Bond was null ipso jure , February 18. 1662. contra 〈◊〉 . Oath of parties being taken , and they deponing upon the Tenor of a Writ and assoilzied thereupon , were decerned thereafter upon production of the same Writ , as not being contrary to the Oath ▪ but being only in so far as the Deponent Remembred the Tenor of the Writ , November 23. 1665. Campbel contra Doctor 〈◊〉 . The Oa●h of an author was found competent against a singular Successor in an Appryzing , for proving the ●ame satified by intromission , seing before this Defenders Right the matter was Litigious , and an Act Extracted , referring the intromission to that Authors Oath , Iuly 14. 1666. Sharp contra Glen . OATH OF CALVMNIE was found Competent as to one point of a Libel , where the rest was not to be proven by Oath , but in respect there could be no evident difference as to that point betwixt the Oath of Calumny and Verity , and that the point was no ways probable but by the Oath of Verity , the Oath of Calumny thereanent was refused , February 20. 1667. 〈◊〉 contra 〈◊〉 . OATH EX OFFICIO ●nent having of Writs , was found to be given , if at any time the Deponent had them , and how he put them away , that it might appear if fraudulently , but not to depone if he knew who had them , as not being proper , November 1● . 1662. Children and Creditors of Bryson . OATH IN LITE ● was admitted for proving of Ware in a Pack given in custody , where the keeper opened the same , though he made Inventary before Witnesses by a Baillies Warrant ▪ Ianuary 3. 1667. Packman contra Bran. OATH QVALIFIED was not sustained importing a compensation , yet the ●ame was admitted to be proven as an Exception at advising of the cause , December 9. 1664. Lermont contra R●ssel . AN OBLIGATION by three persons to cause a Minor releave a sum not bearing conjunctly and severally , was found not to oblige every one in solidum , as being for an indivisible Fact , but resulting in a divisible sum , Iuly 16. 1669. Dennistoun contra Semple of Fulwood . OFFER of the remander of a Sum not being special and not being Consigned , was found not to purge a Failzie , December 19. 1661. Deuar contra Countess of Murray . Offer conditional to pay a su● for a Mother on condition it were at such a time and place , and were made known whether or not it were accepted , was found not obligatory after the Mothers death , unless the condition had been fulfilled then 〈◊〉 , Iune ▪ 24. 1664. Allan contra Colner . Offer of Caution to a Wodsetter that he ought to quite possession , or restrict to the Annualrent , was sustained though made at the parties dwelling House , when he was out of the Countrey , seing the Act of Parliament did not require that offer to be by Instrument ; and though the instrument of offer did not bear a Procuratory to him that made the offer , the said procuratory being now produced , Iune 16. 1671. Lord Lovi● contra Lord Mcdonald . THE OFFICE of a Commissar Clerk was found no● to be annulled by his absence for a time out of the Countrey , and being denunced sine crimine , February 6. 1666 , Archbishop of Glasgow contra Logan . An Office of a common Servant , viz. a Town Clerk being given ad vitam ▪ was found to imply a tacite condition to be also ad culpam , and that such a fault did resolve the same , as was of knowledge and consequence , February 14. 1665. Town of Edinburgh contra Thomson . OVERSE●RS were found lyable for nothing , if they intrometted not , Ianuary 10. 1665. Swintoun contra Norman . PART AND PERTINENT of Lands disponed by a Minute , was found to extend to a common Pa●●urage in a Muire possessed as pertinent of the Land in the Bargain , and that the Writes upon the extension of the Minute , ought to bear the ●ame expresly , February 14 , 1668. Borthwick contra Lord Borthwick . Part and pertinent cum pascuis & pasturn in a Charter given by the King to the Feuars of his Property , was found to carry common pasturage in the Muire of the Barony , which being now possessed 40. years by the Feuars of the Barony , is presumed to have been so at the time of the Charter , being past memory , and that interruptions of any other Right exclusive of this common pasturage , was sufficient to preserve the same , February 15 166● . Laird of Haining contra Tow● of Selkirk . ●art and pertinent was not excluded , albeit an alleadgeance was proponed on an old Se●sine of the Lands in question , as being separatum tenementum , the Seasine being ●ound null , and no Title for Prescription , February 15. 1671. Earl of Argile contra Laird of Mcnauchtoun . ALL PARTIES HAVING INTEREST not necessary to be cited at the M●r●at Cross in the Declarator of the Expyring of a Feu ob non solutum 〈◊〉 , though the Summons bear warrand for the citation , December 1. 1664. Ea●l . of S●therland contra Gordoun . PARIOIDE doth not infer Treason as against the Act of Parliament against murder under Trust , which is meaned by paction , in re●pect of the special Act of Parliament against Paricide , which doth not exclude the Paricides Collaterals , but him and his descendents from the succession of the slain , which therefore cannot belong to the Fisk , Ianuary 22. 1663. Zeaman contra Oliphant . PASSING FROM A REASON of Suspension pro loco & tempore , was found not to hinder the proponing of the same against that Decreet , and against an Appryzing thereon , the matter being yet illiquid , and a singular Successor in the Appryzing ▪ Iune 17. 1664. Laird of Tulli●llan contra 〈◊〉 and Bra●foord . Passing from a Reason of Compensation , and taking up a Writ for instructing thereof , was admitted before Extracting of a Decreet , though the Writ was long in the Chargers hand , not being judicially given up to him , and that another emergent exception might now be admitted , Iuly 14. 1664. Lord Balmerino contra the Creditors of Dick. PAYMENT made before the hand , was found Relevant against a singular Successor , the Kings Dona●ar of Forefa●lture , because it was but of one Term , and so accustomed by the Baro●y to pay at the Entry , and be free at the ●sh , Ianuary 7. 1662. Earl of Laud●●dail contra Tennents of Swintoun . Payment made b●na fide to Bai●ns of a Sum by a Disponer in ●avours of these Bairns , was sustained though after Reduction raised , unless a Reason had been Libelled against that which was ordained to be payed to Bairns ▪ and shown before payment , Iuly 14. 1662. M●ntgomerie of Mack●ichill contra Wallace . Payment made bona fide to a Procurator , was thought to be Relevant , though the Procuratory should be improven , if therein there did appear no ground suspition to have put the Debitor in ma●● fide , February 1. 166● . Elphingstoun of Selms contra Lord Rollo and Laird of Niddrie . Payment made by Heretors to Ministers of their Stipends during the time they Preached and before any Process against them , was found to liberate the Heretors , notwithstanding they were outed by the Act of Parliament anent these Ministe●s who entered since the year 1649 ▪ and had not gotten Presentation and Collation , whereunto the Heretors ●e●e not obliged t● inquire , seing the Ministers were suffered to Preach without challenge , February 10. 1666. Collector of the vacant Stipends contra the Heretors of May●ole and Gi●van . Payment made b●na fide was found not to extend to payment made by a Tennent before the time , nor to a Sub-Tenent to the Tennent before the Term , February 5. 1667. Lady Traquair contra Howa●son . Payment made of a Decreet by giving Bond of borrowed money , and taking Discharges of the Decreet , was found no Homologa●ion or Transaction , but that after the party might quarrel both Decreet and Bond in consequence , unless abatement were gotten upon Transaction of the Sum in the Decreet , seing it was not voluntarly done but upon Caption , I●ly 3. 1668. Rew contra Houstoun . Payment of the Rent of a Shop was sustained , being a Ta●k set by a Father to a Tennent for the annualrent of a sum , though the Father had given a Right to his Son , reserving his own Liferent , seing he set the Tack as Feear , and though the Son after his death warned only by Chalking the Door , without any other intimation , the Tacks-man was Liberate of the Rent for his Annualrent , as bonae fidei possessor by his Tack , till he was cited on the Sons Right , February 16. 1669. Hamiltoun contra Harper . Payment inferred by consecutive Discharges of all years preceeding , was found not effectual where a preceeding year was acknowledged ●esting by these , who obtained the discharge , and where the Giver thereof had given a Warrand to a third party to li●t that year to his own behove , albeit that was not intimate to the Tennents , February 18. 1669. Cockburn and Gilespie her Husband contra St●uar● and the Tennents of Lintoun . Payment being proponed by one pursued as Representing , if he deny not the passive Titles , the Pursuer is liberate from proving thereof , November 6. 1669. Scot of Hartwoodmires Supplicant . Payment of a Tocher contracted by a Wife for her self , was inferred by presumption that she lived twenty two years , and that in his Testament he acknowledged his Tocher was payed , which was not esteemed as legatum liberatio●●s to affect the Deads part only , but with the presumption did import an absolute Discharge , February 16. 1671. Scot contra Dods . A PENSION secular was ●ound only as an Assignation to Mails and Duties , not to affect the Ground against singular Successors , albeit it bear to be payed out of the readiest Fruits of such Lands , and was cled with possession , December 11. 1662. Clapp●rtoun contra Laird of Ed●em . PERRIL of a Hous● sold , and thereafter burnt was found to ●e the buyers , though the Disposition bear an obligement to put the buyer in possession ▪ seing he voluntarly took possession and Re-built the House , and payed all the price , December 13. 1667. Hunter contra Wilson . PERSONAL OBLIGATIONS of Appryzers to communicat their appryzings , are not effectual against the Appryzers singular Suc●essors , Iuly 6. 1661. Telzifer contra Max●oun and Cunningh●me . Personal provision by a Back-bond of the same date with a Feu , bearing that the Feuar might Renunce the Feu when he pleased , was found valide against the singular Successor of the granter of the Feu , seing it did not alter any thing of the real Right of the Feu , but only the personal obligation in the Feudal Contract , obliging the Feuer and his Heirs to pay the Feu-duty ▪ yearly , February 12. 1669. Brown contra Sibbald . POSSESSION of stollen Goods by using them in the Pleugh four moneths , was found not to secure the possessors , but that they might be recovered summarly by the Sheriffs warrand without citation , but if the Possessors did acquire Right by an onerous Title , they were not to be Restored , but prejudice to the Owner to recover the same by Process , yet so as the Sheriffs warrand did exclude from violent profites , Iuly 6. 1671. Strachan● contra Gordouns . POSSESSOR BONAE FIDEI facit fructus consumptos suos , was found not to extend to a Mother , who by several presumptions appeared to have known the Right of her Children , wherein private knowledge was enough , November 20. 1662. Children of Wolmet contra Lady Wolmet and Dankeith her Husband . Possessor bon● fidei , &c. albeit his authors Right was Reduced in Parliament , whereto he having but a Tack needed not be called , and so he had no standing Title , his Tack falling in consequence , seing nothing was done to interrupt his possession , Iuly 19. 1664. Dowglas and Sinclar her Spouse contra Laird of Wedderburn . Possessor bon● fidei , &c. was extended to one who had a second Right to a Reversion , and had first Redeemed and possessed thereby , and was not found lyable to the other pursuing upon his prior Right as to bygones before Citation , although he had not acquired the benefite of a possessory judgement by possessing 7. years , November 18. 1664. Guthrie contra Laird of Sornbeg . Possessor bon● fidei , &c. was found not to take effect to one who had obtained a Decreet to Removing , for not payment of ●he duties in absence , and produced not his Infeftment , but 〈◊〉 infef●ment of another person of that same Name , which being a fraudulent deed , he could not thereby have a Title cum bona fid● , Iune 21. 1671. Neilson contra Menzies of Knock. A POSSESSORY ●IVDGEMENT was not sustained upon five or six years possession , or less then seven years , December 13. 1669. Hamiltoun contra Tennents of Vppersheils and Rowan . A possessory judgement was found not competent upon seven years after interruption , but that the Interruption continued till prescription , Iuly 22. 1664. Montgomerie contra Hume . Here the interruption was by a Decreet of Removing , which gave the other civil possession . A possessory judgement was not admitted against an annualrent , which is debitum fundi , Iune 25. 1662. Adamf●nt contra Lord Balmerino . A possessory judgement was found not competent to a Wife by her Husbands possession , against another deriving Right from him , the wifes infeftment not being onero●s , or upon her Contract , but gratuitous , December 7. 1664. Lady Craig and Green-head her Husband contra Lord Loure . Possessory judgement is not competent upon Possession of Warrandice Lands against Recourse upon Eviction , which may be without Reduction , Ianuary 9. 1666. Brown contra Sco● . A possessory ludgement on 7. years possession was found valide to a party infeft , though entering by the Conjunct fe●ar as Heir to her who was not F●●ar but Li●erenter , February 20. 1667. Cranstoun contra Wilkison . A possessory judgement was not found competent upon seven years possession , by vertue of an Appryzing , on which there neither followed Infeftment nor Charge against the Superiour to Infeft , February 6. 1668. Iohnstoun contra Erskin . A Possessory judgement upon a publick Infeftment , and seven years possession , was ●ound not Relevant against a Pursuit for Recourse upon Eviction by Infeftment of warrandice , unlesse there were seven years Possession after the Eviction , February 20. 1668. Forbes contra I●nes . A Possessory Iudgement was Sustained upon seven years possession peaceably before intenting of the Cause , albeit there was interruption by Citation before these seven years , and albeit there was ●urceals of lustice during the last seven years , and that the Pursuer was Minor , Iuly 15. 166● . Earl of Wintonn contra Gordoun of Letter●urry . A Possessory Iudgement was sustained on an Infeftment on a voluntary Disposition against an appryzer , who had denunced the Lands before that Disposition , who●e Denunciation was not found to render the matter so litigious as to exclude a possessory judgement by seven years uninterrupted Possession thereafter , Iuly 17. 1668. Steuart contra Murrayes . POYNDING OF THE GROVND for an annualrent de●●rned was found to take effect , not only against the Master and Tennents therein called , but all others coming in after , though singular Suncessors , and not to be abated by vastation as a Feu-duty , and to have access against the whole , or any part of the Ground , though now belonging to several Heretors , but so as the payer should have Assignation to the debt , and a time to recover relief o●● the rest , neither was the Decreet excluded by 20 , or 30. years possession of a singular Successor as a possessory judgement , Iune 26. 1662. Adamsons contra Lord Balmerino . Poinding of the Ground was found competent against the apparent Heir of the Granter of the Annualrent , without a Charge to enter Heir , Ianuary 2. 1667. Olephant contra Hamiltoun . Poinding of the Ground was sustained on an annualrent , although there was no possession thereon for above seven years without Declarator , and though a posterior appryzer was in possession more than seven years , which was not found to give a possessory judgement against a prior annualrent , Ianuary 1. 1668. Old Lady Clerkingtoun and the young Lady . A PRECEPT was ●ound to oblige the Granter thereof , it not being answered , albeit it did not bear value received , seing it was upon an other Precept , direct to the Drawer of the last precept , and so was an acceptance , Ianuary 22. 1667. Findlason contra Lord Cowper . A precept of Seasine upon obedience was found not to hinder the Reduction nor improbation , nor to import acknowledgement of the Defenders Right , February 20 1662. Laird of Mochrome contra Laird of Martoun , Ariol and others . PREMONITION by a Procurator was sustained , though it bear not the Procuratory shown , seing it bear not it was called for , if it now be shown , or proving by the other parties oath that a procuratory was shown , Ianuary 18. 1662. Veatch contra Lyel of Bassendoun . PRESCRIPTION was found only to run from the Term of payment of Bonds not from the date , and that the Interruption by Citation upon the first Summons is sufficient to interrupt , though there was no continuation or second summons , February 17 , 1665. Butter contra Gray . Prescription on 40. years silence was found not effectual against a Wife pursuing the Cautioner for her ●u●band in her Contract of Marriage , obliging to imploy a Sum to her in Liferent , quia non val●bat agere , during her Husbands life , who would not concur , and therefore the prescription was compted from his death and yet the other obligement in the same Contract , in favours of the Husband obliging the Wifes Father to pay the Tocher , was found to prescribe from the date , Iuly 5. 1665. Mckie contra Steuart . Prescription was ●ound interrupted by a citation , albeit not so legal but that the Defender might have excluded the pursuit upon informality , especially being in re antiqua , and where the custom of the Regality did not appear , Novem. 25. 1665. White contra Horn. Prescription was ●ound ne●er to extend to exclude any person to serve themselves to any of their predecessors , if no other hath been served before , in which case the Retoure cannot be quarrelled , but within 40. years , if deduced after the year 1617. or if before , then it must be quarrelled within fourty years , or else it must prescribe by the general Act of prescription , November 28. 1665. Young contra Iohnstouns . Prescription by not paying Teind for fourty years , was found not to take away the Right of the Teind totally , having been once payed , but only as to years prec●eding the fourty years , February 7. 1666. Earl of Pa●mure contra Parochioners . Prescription non c●rcit contra non valentem agere , which is understood of Actions , which might have attained possession , and not of Declarators or Reductions , February last 1666. Earl of Lauderdail contra Viscount of Oxenfoord . Prescription was found interrupted by a Decreet of poynding the Ground , though therein the Heretor was not Called , Iuly 15. 1666. Sinclar contra Laird of H●rdmanstoun . Prescription of an oblation of a Cautioner , bound conjunctly and severally with the principal , was not inferred by the Creditors not getting payment , or pursuing the Coutioner for fourty years , which did not presume he past from him , but his getting annualrent from the principal within the fourty years , was ●ound sufficient to preserve the Bond as to both , December 18. 1667. Gairns contra Arthure . Prescription of a Tack of Teinds not cled with possession for more than 40. years from its date , was ●ound not to annul that Tack , but as to years before possession , and a prorogation of the Tack , was sustained as to times coming , Ianuary 19. 1669. Earl of Athole contra Laird of Strowan . Prescription was not sustained upon 40. years uninterrupted possession , and one single Seasine as the Title of prescription , unless according to the Terms of the Act of Parliament singular Successors produce as their Title , not only a Seasine but a Charter or Precept as the warrand thereof , and that universal Successors produce one or more Seasines upon Retoures or Precepts or clare constat continuing and standing together by the space of fourty years ; which standing together was not understood of standing unreduced , but standing not fallen in the hands of the Superior by Noi●-entry , so that either the obtainer of the Seasine behoved to live after the ●ame and possess 40. years , in which case one Seasine were sufficient ; or if he dyed within the fourty years , his Heirs possession were not sufficient by that Seasine , b●t behoved to be renewed , and so to continue Seasines as well as possession for fourty years from the beginning of the first Seasine ; but no necessity was found to produce the Retour or Precept , where Possession was by Seasines one or more , the Seasines as well as Possession being continued for fourty years , February 15. 1671. Earl of Argile contra Laird of M●naughtoun . Prescription of an annualrent constitute indefinitely out of two distinct Tenements , was found not incurred as to the one , in respect of the annualrenters uplifting the whole annualrent out of the other in the same manner , as payment of annualrent by the principal Debitor preserves the obligement of the Cautioners , though they payed no annualrent for fourty years , and the Heretor distressed was found to have proportionable relief out of the other Tenement , though both were now in the hands of different singular Successors , and required different Seasines , Iuly 22. 1671. Lord Balmerino contra Hamiltoun of Litle-prestoun . Prescription of annualrent mortified to an Hospital , was sustained by freedom there from fourty years without consideration of the pious use , or that the Poor had yearly Overseers chosen , and were not esteem'd as Minors , or without any abatement of the time of the Troubles when there could be no Process , Iune 30. 1671. Bead-men of the Magdalen ▪ Chapel contra Drysdail . Prescription of the annualrent of a Bond was elided , because the principal sum was payed to the Feear , and it was sufficient that the annualrent was due within fourty years preceeding that payment , which annualrent was due to the Executors of a Liferenter this was stopped and altered as to this , that it was not found relevant to preserve the annualrents that were within fourty years before the last payment , but that they were within fourty years before the intention of the Cause , all annualrents or actual prestations preceding that fourty years prescribe , because every years payment is a several obligation , and that hath no effect as to the rest , the first interlocutor was , Iuly 22. 1671. And the second , February 7. 1672. Blair of Balhead contra Blair of Denhead . PRESVMPTION of allowance was sustained to take away publick burdens payed by a Tennent , though his Tack bear to be relieved thereof , and he produce Discharges of his Rent , and also Discharges of publick burdens , unless by writ or his Masters Oath he prove they were not allowed , December 2. 1664. Veatch contra Paterson . Presumption that Tickets of publick burdens were allowed to Tennents in their Rent , was sustained to elide the Tennents pursuit thereon for payment thereof , albeit his Tack bear a clause to relieve him of all publick burdens , Here the Tennent left the Land several years before the pursuit , and never did any diligence to get these allowed , but it was sustained by the Masters Oath , that these were not allowed , December 20. ●664 . Paterson contra Veatch . Presumption of a Wifes Warrand to borrow a smal sum and impignorat a Bond therefore , was sustained , she having the Bond in her custody , February 4. 1665. Paterson contra Pringle . PRIVILEDGE of Burghs to arrest persons of find Caution of answer as Law will , was found to extend to the Pear of Leith as a part of the Burgh Royal of Edinburgh its priviledge , and if done by the Water Baillie , but not if in the Burgh of Batony of Leith , or by the Baron Baillie , Ianuary 18. 1663. Hamiltoun contra Mitchel and Keith . Priviledge of Burgh was ●ound not to extend to Incarcerat unfreemen found within their Burgh till they find Caution as Law will , albeit by a former Decreet they were Decerned to desist from Merchandice competent to free Burrows , and that thereby they might only seize upon these Goods by the Act of Parliament , Ianuary 30. 1663. Town of Lin●●thgow contra Borrowstounness . PROBATION of immemorial possession or Custom , was not found instructed by a Decreet mentioning a former Decreet wherein the same was proven , unless the Testimonies were extant or produced , December 13 , 1664. Bishop of the Isles contra Hamiltoun . Probation of a Disposition being onerous to exclude ●ucrative Succession and absolvitor thereon in a Process , was not found sufficient as repeated from another Decreet , not being de recent● , except it had been after a long time when Witnesses were dead , and in that case their Testimonies if extant , behoved to be seen again , Ianuary 6. 1665. contra Edmonstoun of Carden . Probation of a Defense was admitted partly by Oath what was the Cause of the Bond , and partly by Witnesses , that the condition thereof was contraveened , Iune 15. 1665. Aikman contra Probation of the Delivery of a great bargain of Victual , was not inferred from the Declaration of a person intrusted by the Debitor to receive it , seing there was a time limited to obtain his Declaration , after which his condition and trustinesse might change , and could not perpetually oblige the Intruster , Iuly 18. 1667. Executors of the Earl of Dirletoun contra Duke of Hamiltoun , Earl of Crawfoord and others . Probation was found to be according to the most pregnant Testimonies , though others Witnessed a greater quantity , this was in a matter old , and in the estimation of ●osse , November 23. 1667. Lord Iustice Clerk contra Laird of Lambertoun . Probation by one Witness and the Oath of the Pursuer in supplement , in favours of a party who had been absent ●ut of the Countrey in the Kings Service , pursuing for his share of a Ship and Goods against the remnant Owners medled with by them in Anno 1638. was sustained by the Admiral , but Reduced by the Lords , and the Pursuer ordained to adduce farther probation , February 12. 1668. Captain Strachan contra Morison . PROCESSES being Dispute to the full in present●a , The Lords by Act of Sederunt , ordained the Clerks not to give up the same , or any Process Dispute at full , though there were no Interlocutor thereon ; But ordained it to be keeped till the Dispute were advised and Interlocutor pronunced , Iune 6. 1665. Town of Edinburgh contra Thomson . PROMISE to relieve a Cautioner who relieved the promisers Goods of poinding , was found not probable by Witnesses , though within an hundred pounds , where the promiser was dead , Iuly 3. 1668. Don●ldson contra Harrower ▪ A Promise by a Wife after her Husbands death , never to quarrel a Tack of Liferent Lands which was in Writ for several years , was found to exclude her , and not to be as a verbal Tack valide only for a year , but as pactum de non repugnando , Ianuary 8. 1670. Scot contra Murray . A PRO-TVTOR being an Overseer intrometting with the Pupils Bond● , was found only lyable for the whole Bonds received by him , though he uplifted the annualrent of a part of them only , and for the annualrent thereof , but not for any other means or Estate of the Defunct , because there was no antecedent Law or Rule to oblige him , but an Act to Sederunt was ordained to be made and published , that all persons ●edling so in the future should be lyable both for intromission and omission as Tutors , Iune 10. 1665. Swin●oun contra . A PRYZE Ship was found not justly taken , belonging to a Prince holding of the Kings Enemies , unless he contribu●e to the War , Ianuary 4. 1667. Harison contra Laird of Lud●uhurn . A Prize Ship was liberate belonging to Neuters , not the Kings Enemies nor Alies , albeit carrying Counterband-Goods , unless it were proven that the War was known at the place they ●o●sed from when they loused , and that Acts of Hostility , and declaring Prizes in Neighbouring places was not sufficient without publication of the War , or knowledge thereof , Iuly 23. 1667. Iurgan contra Captain Logan . A ●rize Ship was found justly adjudged as carrying Counterband-Goods , albeit a Swedish Sh●p , and by the Swedish Treaty , such Counterband-Goods were allowed to the Sweds , which was only understood , ( they being the g●owth of their own Countrey ) Iuly 27 , and 31. 1667. and November 6. 1667. Packman contra Captain Allan . A Prize being taken pursued by two Privateers , was ●ound equally to be divided betwixt both , and not according to the proportion of their Guns , seing the least and lightest of the Frigots did Seaze when the other was at a considerable distance , and his conco●rse and con●ortship , though made without consent or special Commission from the Owners , being both in precinct● belli and profitable for the security of either party , February 7. 1668. Cuningskie contra Captain Mastertoun . Prize Ships being Questioned as having in them the product of Co●nterband-Goods carried in to the Kings Enemies in the same Voyage , from which the Ship was returning , was found not sufficient by the Tenor of the Admiral of Scotlands Commission , bearing Warrant to seaze if the product of Counterband-Goods in that Voyage were found , but by the Law and Custome of Nations , and therefore the Lords granted Commission to ●ry the Custome of Holland , France , England and Spain , February 21. 1668. Packman contra Allan . A Prize being taken upon probable grounds , and adjudged by the Admiral , the Kings tenth part , and Admirals fifteenth part , being payed , and the Goods sold , the Decreet of Adjudication being Reduced , the privateer was found lyable but for the value that the Goods might have given by rouping , if they had been preserved and sold when and where they were adjudged , February 24. 1668. Captain Mastertoun contra Strangers of O●●end , but the Kings 10th part , and Admirals 15th part , were not allowed . A Pryze Ship of Hamburgh taken as carrying Counterband-Goods to the Da●es , after Acts of Hostility betwixt the King and them , was liberate , because she was taken before the Proclamation of the War against the Danes , but the Captain was found to have probable Ground to Seaze , and was found only lyable for what profite he had made of the Ship and Goods , unless he had been th● culpa by the spoiling or mis-appryzing thereof , February 25. 1668. Merchants of Hamburgh contra Captain Dis●ingtoun . A Pryze Ship belonging to the Sweds , was found War●antably taken , because she was Navigat with Hollanders the Kings Enemies , contrary the Kings Proclama●ion of War , albeit they h●d a pass conform to the Swedish Treaty , wherein it is permitted to the Sweds to make use of Hollanders as Masters , he becoming a sworn Burges of their Town , without mention of what Nation the remnant company migh● be of , February 25. 1668. Owners of the Ship called the Castle of Riga contra Captain Sea●oun . A Prize Ship was found justly adjudged , because a great part of the company were Hollanders , in respect of the Kings Proclamation of War , ordaining Ships to be taken that had in them any number of men , or goods belonging to Enemies , albeit the Ship was a Swedish Ship , and had a pass conform to the Swedish Treaty , which bear that such a pass being found there should be no further inquiry in men or goods ●isi gravis suspiti●o subsit , seing that Treaty bear a liberty to the S●eds to have a Hollands Master becoming a sworn Burges of any Town of Sweden , and had no such priviledge for the mariners , Iune 30. 1668. Paterson contra Captain Anderson . A prize Ship was found justly taken being insisted against on several grounds , as having a number of the Kings Enemies the Hollanders Sailers , being only proven to be three , and the company nine , as having been two years with the Kings Enemies Merchandizing , but not in the War , and by having a small parcel of Tar , as Counterband in the same Voyage , upon all joyntly , the Lords declared but not upon any point alone , Iuly 9. 1668. Capta●● Allan contra Parkman . In prize Ships competent and omitted as a particular custom of Scotland , was not sustained against the strangers , but they were found to have the benefite of the Law of Nations , Iune 15. 1669. Loyson contra Laird of Lud●uhar● and Captain Wilson . A prize Ship declared as carrying Counterband , having on Board Oak cutted at three foot and an half for making Barrels , in respect the Admirals Commission bear Clapboard as counterband ▪ though Testimonies from the Admiralities of England , Holland , and Flanders were produced , that such Timber was not accompted counterband , a great number of the Lords being of a contrary judgement , Iune 29. 1669. Captain contra A prize Ship being in question , which being alleadged to be fraughted from Norway to London with Timber , by the Kings proclamation , warranding Ships even of his Enemies Countreys to be imployed for bringing Timber for the Rebuilding of London , they getting certificates and passes from the Duke of York , the Ship having on Board 1500. Dails not belonging to the London Merchants , the same was found sufficient to confi●cate the Ship and these Dails , but not to confiscate the Cargo belonging to the English Merchands ▪ if he could produce a pass conform to the Proclamation and the Kings Letter , bearing that he was sufficiently informed that this Ship had a valide pass , and therefore ordering her to be restored , was not found Relevant to liberate the Ship , or Merchants Cargo without production of the pass ; but the Letter was understood to be ●alvo jure , not proceeding upon the hearing of parties , albeit the Duke of York did asset that he had formerly given a pass to that Ship , Iuly 13. 1669. Captain Wood contra Ne●lson , here the Skippers Testimony alon● was received to prove against the Owners . A prize Ship being adjudged by the Admiral and the Decreet being quarrelled , because the Skipper had a pass declaring the Ship and Goods wholly belonging to the Sweds the Kings Allys , the pass was conform to the Swedish Treaty , which clears expresly that where such passes are , ●eq●id ampl●s exigatur in bon● , aut homines nullo modo inquiratur , The adjudication was sustained , in respect that the pass by the oath of the Skipper and company was found to be a contrivance , and there was no sufficient probation that the Ship and Goods belonged to the Sweds , and that the Treaty bears si qua gravis susp●●io subsit , that seazure may be made , Iune 29. 1671. Burrow contra Captain 〈◊〉 . A PVPILS person was found to be keeped by her Mother who was Widow , till her age of eleven years , and then by a Friend of her Fathers side , but not by the Tutor who was nearest to succeed . February 6. 1666 ▪ Laird of D●ry contra Relict and Daughter of his Brother . RATIHABITION Vide Clause Ianuary 9. 1663. Mason contra Hunter . RECOGNITION committed by a Defunct's alienation was not stopped upon the priviledge of Minority quo minor non tenetur placitare , &c. February 19. 1662. Lady Carnagy contra a Lord Cranburn . Recognition was not clided , because as importing ingratitude which is criminal , it was purged with the death of the Committer , but was sustained against his Successor , Ibidem . Recognition was found to be incurred by alienation of Ward Lands , albeit the Seasine taken was without the Acquirers Mandat subscribed , but by a general Mandat out of the Chancellary , seing it was taken by his Grand-father , giver of the Alienation , and albeit the Disposition bear only ( ●ailing of the Disponers Heirs of his Body ) seing it had a Warrand for seasing this party de prese●ti nominatim ; nor was it reduced upon Minority to annul the Seasine and shun the Recognition , Ianuary 30. 1663. Inter eosdem . Recognition was incurred by giving an Infeftment base to a Grand child , not being then alioqui successuru● of Ward Lands , though Taxed Ward , and though granted to Heirs and Assigneys , which was only understood that the Disposion , Charter or Precept before Seasine might be assigned but not after , nor was it respected that the Seasine as not Confirmed was null , nor that it implyed a tacit condition that the Superior consented , nor that the Giver was an illiterat person , and the case dubious , here the case was favourable for the Donatar , who was the Disponers eldest Daughter , and who was past by , and the second Daughters Heirs , though strangers , were preferred in all , February 5. 1663. Inter eosdem . A Donatar of Recognition granting a Precept to a Vassal in the Lands falling in Recognition , acknowledging that Vassals predecessors Right and his own in the ordinary Terms of a precept of clare constat , albeit the precept did also bear in obedience of Precepts out of the Chancellary , yet the same with the Seasine following thereon , was found to exclude the Donatat and all deriving Right from him thereafter , Iune 24. 1668. Gray contra Howison and Gray . Recognition was found not to be incurred by an Infeftment taken upon a Tutors Precept , being no Act of lawful Administration , and done under the Vsurpation when Recognitions were not allowed on that ground , Iuly 15. 1669. Iack contra lack . Recognition was found not in●erred by a Disposition not subscribed , nor delivered till the granter was on death-bed , and that death-bed was competent by exception against the Recognition , as not being a possessory but a pe●itory judgement , Iuly 20. 1669. Barclay contra Barclay . Recognition was found inferred by Infeftment of Ward Lands , when the Disposition contained a Precept of Seasine and was delivered in leige po●stie , without reservation , albeit the Seasine was taken when the Disponer was on death-bed , Ibidem . Recognition was incurred by Alienation of Ward Lands holden of the King , though done when the Superiours consent was not required before the Kings Restauration , seing neither after the Ves●al nor Sub-vas●al ●ought Confirmation , not being refused by the King to these who sought it , December 15. 1669. Ma●tland of P●●trichi● contra Gord●un of Geight . In a Recognition the Donatar was found only obliged to produce the Kings Gift as his Title , without neces●ity to instruct that the King was Superior of the Lands Ward , Law presuming these if the contrary be not proven , and a Term was assigned for obtaining the Infef●ment to be produced , whereby Recognition was incurred , February 17. 1671. contra M●●ulloch . DECLARATOR OF REDEMPTION was not stopped , because the Reversion was not produced , the Pursuer being an appryzer , and offering to pr●ve by the De●enders oath that it was in his own hand , February 18. 1662. Children of Wolmet contra Ker. Redemption was sustained at the instance of a singular Successor , albeit he shewed not the Reversion at the time of the order , nor now , but offered to prove that it was in the defenders own hands , February 14. 1663. Collonel Montgomery contra Halyburton . In a Redemption the sums were not ordained to be given up till a Wodsetters apparent Heir was Infeft as Heir , and that the Declarator without Resignation was not sufficient , February 10. 1665. Campbel contra Bryson . Redemption was sustained upon Consignation of a liquid debt due by the Wodsetter to the Reverset , upon a Clause in the Contract of Wodset , Ianuary 2. 1667. H●g contra Hog . REDVCTION of a Retour was found sufficient to reduce a Decreet against the party as Heir , albeit the Decreet was obtained before the Reduction of the Retour , and the obtainer of the decreet was not called to the said Reduction Iuly 24. 1661. Mitchel contra Hutches●n . Reduction of a Decreet upon the Reduction of the Retour , whereupon the Decreet proceeded was sustained , albeit the Obtainer of the Decreet was not called to the Reduction , though after his Decreet as not being a party necessary , Ibidem . Reduction of a Decreet obtained against Infants charged to Enter Heir , was ●ustained , though not raised inter anno● utiles , seing it lay over and was not insisted in all that time , since it was not known till anni utiles were past , Iuly 17 1661. Fleming contra Forrester . Reduction was not found necessary where all was produced that was craved to be annulled , and the rest only in consequence , but that a Libel by Declarator of nullity was competent , February 26. 1662. Viscount of Stormont contra Creditors of Annandail . In a Reduction and improbation , the Defender was allowed to propone his Defenses upon the Writs produced by him as sufficient to exclude the Rights produced by the Pur●uer before certification contra non producta , without necessity to the De●ender to declare that he would make use of no more writs , December 20. 1662. Laird of Mochrom contra Laird of Martoun and others . In a Reduction of a Valuation no need was found of calling a Wodsetter publickly Infeft , being an improper Wod●et , and seing the Obtainer of the Decreet his Heir having the reversion and possession was called , Iuly ●3 . 1664. Earl of Landerdail contra Laird of Wolmet . Reductions take ●away all consequent Rights that need no several Reasons as falling in consequence , albeit the parties interressed therein were not called to the Reduction of the principal right , Iuly 1● . 1664. Dowglas and her Husband contra the Laird of Wedderburn . Reduction of a Decreet of Exoneration was sustained against the Executor without calling the Creditors or Legators , Ianuary 11. 1665. Arnot contra Arnot . Reduction of an Heretable Right was sustained on an Appryzing on the pursuers own Bond assigned to himself and a charge thereon , without Infeftment , and the general Clause thus limited , against all Writs granted by the Pursuer and his Predecessors to whom he doth succeed jure sanguin●s or his authors , whose Rights and Pogresses thereto he produces , or to the Defender or his Predecessors to whom he may succeed jure sangu●nis or his authors , who , or some to represent them are called , Ianuary 20. 1665. Little contra Earl of N●thisdail , In a Reduction no Process was sustained for reducing an Heretable Right till the Defender● authors were called , though the Pursuer declared he insisted not against that authors right being common author , but against the Defenders right from that author , seing that author was bound in Warrandice , and therefore behoved to be called , Ianuary 30. 1665. Lord Borthwick contra Ker. In a Reduction ex capite inhibitionis , the Defender producing a sufficient Right to exclude the Pursuer , being before the inhibition , the Defender being indigent , the Lords ordained the parties to dispute their Rights as if it had been in a general Reduction , Ianuary 2. 1666. Brown contra Wilson , and Callender . Reduction was ●ound to extend to a Term before Sentence February 16. 1666. Borthwick contra Skein . In a Reduction the authors being cal●ed , one dying a●●er conclusion of the Cause , the same was not advised ●il one ●●presenting him were called , though the reasons were only against the first authors Right , and ●o the rest would fall in consequence , seing all were interressed in the Wa●randice to Defend the first authors right , Iuly 14. 1666. L●ith contra Lesmore and others . Reduction of a Bond was not sustained against the Creditor who was denuded by Assignation intimate to the Pursuer before the Citation , Iuly 2. 1667. Lord Blantire contra Walk●●●haw . In Reductions of Rights of Lands without improbation , The Lords declared they would grant two Terms to produce , N●vem●er 26. 1667. H●y of Hay●●●un contra Drummond and ●ep●urn . Reduction ex capite inhibitionis , was sustained though the inhibition was only on a Clause of Warrandice , and there was yet no actual distress , only to take effect when the distress should take place as a Declarator of Right , December 10. 1667 ●og contra Countess of Hume . In a Reduction ex capite inhibitionis , the Defender was admitted to exclude the Pursu●rs Title and Right by other rights 〈◊〉 to the Inhibition , which the Lords would not reserve , but received them by way of Defense , December 11. 1667. Inter eosdem . A Reduction on death-bed was sustained at the instance of the Creditors of the apparent Heir on this interest , that the debts of the apparent Heir might affect the Estate disponed , if the Disposition were Reduced , February 16. 1669. Creditors of my Lord Balmerino and Lord Cowper contra Lady Cowper . Reduction was found necessary to take away a Decreet of Double poynding , and that a second Suspension of Double●poynding ●aised by a party who compeared not in the first instance , was not sufficient , though in Decreets in absence Suspension without Reduction is sufficient , February 4. 1670. Watson contra Sympson . REGALITIES cannot be prejudged by the Bloodwits or Amerciaments of the Iustices of Peace within the Regality , but that ●uch only belong to the Lord of ●egality as was ●ound Iuly 22. 1664. Earl of Sutherland contra M●●tosh of C●nadge . Regalities having Chappel and Chancellary , general services need not be retoured to the Kings Chancellary , Ianuary 19. 1667. Reid contra RELIEF amongst persons bound conjunctly and severally , was fo●nd to follow , where one is distrest for all , though there be no clause of relies exprest , Relict of the Minister of Ednem contra Laird of Wedderburn . The like Iune 19. 1662. Wallace contra Forbes . The like Iune 28. 1665. Mont●ith contra Anderson , Vide Clause , Ibidem . A RELICT was found neither to have share of stock nor Terce of Annualrent of a sum bearing Annualrent without Infeftment , Iune 24. 1663. S●ry●zeour contra Murrayes . A Relicts third of moveables was found not to be abated by the Husbands heretable debts , as bearing annualrent , whether they exceeded the heretable sums due to the Defunct or not , Iuly 19. 1664. Inter eosdem . REMOVIN● cannot be stopped by alleadging the De●ender is Tennent by payment of Mails and Duties to such a man who is not warned , unless it be alleadged he hath infeftment , or Tacks for Terms to run after the warning , but tacite relocation sufficeth not , Ianuary 30. 1663. Rl●●art contra Removing was sustained on a warning on 40. dayes , albeit the party was out o●f the Countrey , being now cited upon 60. dayes , without necessity to warn him by Letters of Supplement on 60. dayes , February 20. 1666. M●●ra●r contra Crichtoun . Removing was not sustained by a warning made by the Feear before the Liferenters death , no not to take effect at the next Whitsonday without a new warning , Iune 30. 1669. Agnew contra Tennents of Dronlaw . RENVNCIATION to be heir was admitted , and a Decreet thereupon reduced , obtained against the Renuncer as charged to Enter heir , albeit they had raised no Reduction thereof intra annos utiles , because the Decreet was obtained at the Vncles instance , in her in●ancy , and not insisted in within the anni utiles , Iuly 17. 1661. Relict of Fleming contra Forrester . A Renunciation of a Fe● was sustained to liberate the Vassal from the Fe● duty , albeit the Feu was constitute by a mutual Contract obliging the Feear and his heirs to pay the Feu duty yearly , ●eing there was a Back-bond of the same date , that the Feuar might renunce when he pleased , February 12. 1669. Brown contra Sibbald . Renunciation of all Right and interest was found only to extend to all right the Renuncer had , and not to any future right or rights , to which the Renuncer might succeed unless it had been mentioned , Iuly 27. 1671. Baillie contra Baillie . REPARATION of a Kirk was found in no part to affect the Titular of the Teinds , but the Heretors of the Land only , Ianuary 16. 1663. Relict of the Minister of Ednem contra Laird of Wedderburn . Reparation of Manses done by the Incumbents before 1649. was found not to burden the Heretors for t●e value of 1000. merks conform to the Act 1649 ▪ renewed 1661. but only for 500. merks , which was the Quota before these Acts , and that not against singular Successors , Ianuary 8. 1670. Charters contra Parochioners of Currie . REPROBATVRES were sustained though not protested for at the Examination of the Witnesses , against whose Testimonies the Reprobature was now used , being protested for before Sentence , Iuly 30. 1668. Laird of Milntoun contra Lady Milntoun . Reprobature was not admitted to be added after a Reduction was filled up and discust in a Devorce , but reserved to a special Action of Reprobature , February 25. 1669. Inter eosdem . Reprobature for annulling a Decreet of Divorce of the Commissars , was sustained at the instance of one who had bought the Liferent from the Husband , and which would fall back to the Wi●e by the Divorce , who compea●ing before the Commissars to object against the Witnesses , and interrogate th●m was not admitted , and having in a Reduction before the Lords obtained the Witnesses to be re-examined , their own Testimonies of corruption were not admitted to ener●ate their former Testimonies , but Reprobatures were reserved , and being insisted in , it was not found relevant that they were viles & pauperes , the principal cause being Adultery which is a latent crime , neither that they were infamous by common report , unless they had been declared infamous by a Iudge , or found culpable of a Crime or Fact , that the Law declares to infer infamy , Ianuary 31. 1671. Inter eosdem . Reprobatur● were found relevant being libelled upon instructing or prompting of Witnesses , without necessity to alleadge that the Witnesses undertook or deponed conform , and that in odium corrumpentis , without inferring any blemish upon the Witnesses of prompted , who consented not or swoar falsely , Ibidem . Reprobatures were found relevant upon libelling of corrupting of Witnesses , upon giving or promising of good deeds more than would be suitable for their Charges , Ibidem . Reprobatures upon corrupting of Witnesses , by giving or promising bribes , or prompting Witnesses to depone , was ●ound only Probable by writ or oath of the parties who adduced the Witnesses after Decreet , and not by Witnesses , unless the Reprobatures had been pursued before Decreet proceeding upon the Testimonies of the Witnesses quarrelled , this was stopped till the further hearing and was recalled , and Witnesses above exception were found competent whether before or after Sentence , and the Witnesses were ordained to be condescended upon ; The first Interlocutor was the 14. of Iuly 1671. and the second the 20th . of February 1672. Inter eosdem . REQVISITION of a sum was sustained though it mentioned not the Procutatory produced , seing it bear that the same was known to the Nottar and Witnesses , and thereupon the Defunct party did appryze , Ianuary 10. 1665. Steuart contra Steuarts . A Requisition was sustained though it bear not a Procuratory produced , seing it was not called for then , and is now produced , and the Procurator shew Writs whereupon the Requisition was to be made , as the Instrument bears , I●ne 28. 1671. Hume contra Lord Iustice Clerk. A RETOVR was found reduceable without the solemnitie of a Summons of Error in Latine calling the Inquest , seing the point in question was that point of the Brieve , that the parties Grand-father died last Vest and Seased , whereas the Seasine of an Vncle and Father were now produced , which inferred ●o Error in the Inquest , who behoved to serve to the last they saw infeft , and therefore the Lords reduced , Iuly 7. 1663 , Mow contra Dutches of Balcleugh . A Retour being called for to be reduced as proceeding without warrand or probation , and nothing being produced but the Brieve , Executions and Service , but no Witnesses having deponed on the propinquity of Blood , and none of the Inquest having declared so on proper knowledge , The Lords would not therefore annul the Service , but ordained the Inquest to be cited , to give their oaths on what ground they served , February 24. 1665. Mercer of Aldie contra Cowan . Retoures of Heirs are not reduceable unless they be quarrelled within 20. years by the special Act Parl. 1617. thereanent , which was only found to relate to Retoures deduced since that Act , but by the general Act of Prescription 1617. the action of Reduction of Retoures quando ecunque deduced , prescribes if not quarrelled within 40. years , November 28. 1665. Young contra Iohnstouns , Vide Heir . A Retour of five years possession of a Fo●efaulted person , was not sustained to be Reduced by way of ordinary Action , but by a Summons of Error in Latine under the Quarter-Seal , though such Reduction were oft time● allowed before , Iune 28. 1667. Hume contra Creditors of Kell● . A REVERSION granted by a person obliging a buyer to dispone to the Seller , was found to extend to the Disponers Heirs , though not exprest , seing the ordinary Clause of paying the sum in the Disponers own time , was not ad●ected , and it was held but as an omission non dedita opera , that Heirs were not exprest , Ianuary 9. 1662. Earl of Murray contra Laird of Grant. A Reversion was not ●ound null , not being Registrate before 1617. by the Act 1555. which was found in de●uetude , Iuly 5. 1666. Earl of Hume contra his Wodsetters . A Reversion bearing payment at the Wodse●●ers House at London , was ●ound satisfied by Consignation at Edinburgh where his Successor dwelt , February 1. 1667. Creditors of Murray contra Murray . A Reversion to a person and the Heirs of his Body , was found ●ufficient to redeem by that person , albeit he had before as●igned the Reversion , and disponed the Land to another , February 1. 1667. Earl of Tillibardin and Sir Iohn Drummo●d contra Murray of Ochter●yre . A RIGHT REAL of Lands was found not burdened with a provision in the Disposition , that the Lands should be affected with such a sum , against an Appryzer or singular Successor , Ianuary 25. 1664. Colquhoun contra Adamson ; But thereafter this case being considered and the Clause for payment in the Infeftment , the Father who granted it being in possession , it was ●ound relevant against the singular successor till it were performed , November 7. 1606. Inter eosdem . SALMOND FISHING in a River was found not to impede the letting out of a Loch into that River , though hurtful to the fishing as was the Lords opinion , but because it was a reference from the Parliament , who might make a Law thereanent , The Lords granted Commission to visite before answer , Iuly 1. 1661. Mayor of Bervick contra Laird of Hayning . Salmond fishing by C●uives was found valide by an Infeftment to a Burgh cum piscationibus & piscariis , without special mention of Salmond fishing or Cruives , cled with immemorial possession , and which Cruives the Burgh was suffered to change from one part to another within their own bounds , being without pre●udice of the other fishings above , or putting them in worse condition then they were before with the former Cruives , and being but one Cruive Dyke , whereof the Lords would not determine the height , or whether it should be stopped or not , but seing they possessed immemorially the former Dike , this was to be made conform in all points , and found that the Hecks ought to be three inches wide and not five , and that the Act of King 〈◊〉 the 4th . bearing five , was an Error in relating a former Act of King Davids , there being no such Act amongst his Acts , but there being one Act of King Alexanders amongst his Acts for three inches , it was ●ound that that should have been related , as the Rule , and that Saturndays slop should be keeped of all the Cruives , and not of one only in the midle stream by opening an eln in each Cruive , pulling up the Hecks thereof , and that from Saturnday at six a Clock till Munday at Sun rising , and ordained the common custom , to be proven the hinc inde concerning a constant open midle stream , which was not repeated in King , la. 6. his Act ; nor had the Lords respect ●o the Ratifications of these Acts purchased in the Parliament 1661. being impetrate by private parties , not Printed or past the Articles , or done in the stile of a general Law , Ianuary 26. 1665. Heretors of Don contra the Town of Aberdene . SATISFACTION of an Appryzing , and of the sums whereupon the same proceeded , was admitted by Exception upon what sums the apparent Heir , to whose behove the right returned payed out therefore , and that by intromission and present offer of what remained after compt and reckoning , albeit the pursuit was not upon the Appryzing , but a Reduction on an Inhibition upon the Bond whereupon the Appryzing proceeded , Iune 28. 1671. Forbes of Watertoun contra Shein , Vide Appryzing . A SEASINE on an appryzing within Burgh was sustained , though not given by the Baillies but by the Provest , nor by the Town Clerk , but by another Nottar , because the Baillies and Clerk were excluded by the English for the Tender , Iuly 3. 1663. Thomson contra Mckitrick . A Seasine not registrate of a Liferent to a Wife , was found valide against the apparent Heir of the Granter , though brooking by a prior Disposition , seing it contains a power to the Father to dispone and grant annualrents , February 27. 1667. Countess of Carnwath contra Earl of Carnwath . A Seasine propriis manibus of a Husband to a Wife who had no Contract of Marriage nor other provision , and had disponed a former Liferent to the behoof of the Husband , was found a sufficient Title without a warrand or Adminicle in writ , in respect of the Marriage and Duty of the Husband to provide his Wife , Iune 19. 1668. Relict of Garigs contra Wallace of Garigs . A Seasine within Burgh under the Clerks hand was sustained without necessity to 〈◊〉 it was regi●●rate in the Town Books , in re●pect of the Exception in the Act anent Registration of Seasines within Burgh not requiring them to be regist●ate in the Towns Books , Iune 30. 166● . Bur●et contra Swan . The ●ike though the Seasine was by the Sherif● Clerk , there being no Town Clerk in Office , Iuly 21 , 1666. Thomson contra Mcki●rick . A Seasine propri●s manibus , albeit sustained to a Wife without one Adminicle , who had no Contract of Marriage , and had at that time quite her loynture by a former Husband to the Husbands Creditors , yet two of the Witnesses being positive that they were never Witnesses to any Seasine given to her , a third deponing he remembred not , a ●ourth abiding by the Seasine , but deponed it was in Summer , where the Seasine bear in Winter , was improven , though the Nottar offered to abide by it , but the Lords refused to Examine him or any extrinsick Witness , in respect the Seasine had no Warrand in writ , Ianuary 9. 1669. Wallace of 〈◊〉 contra ●l●kerrel . A Seasine propriis manibus by a Father to his Son , reseving his Fathers Liferent , was found valide against a second Wifes Infeftment in the same Lands , though granted for a competent Tocher , albeit the Seasine had but two Witnes●es , and had no Disposition or Precept to Warrand it , but an Adminicle , viz. a Bond by the Father of the same date , obliging him to warrand the Seasine , and that it was not a fraudulent ●atent deed , it being Registrate , nor was it alterable by the Father as a Bairns portion , February 11. 1669. Buchan contra Taits . SERVICE of Harrage and Carriage in a 〈◊〉 was ●ound not due but when demanded within the year , Iune 27. 1662. Watson contra Eleis . SERVITVDE of Fail and Divot , Clay and Stone granted in a Muire definitely , where there was no pas●urage therewith , was found not to hinder the Proprietar of the Muire to Plew and rive out a par● , where there was more le●t then was like to serve the use of the Servitude ●or ever , yet so as if it should happen at any time thereafter not to suffice , a part of that riven out should be laid ●ee for the same purpose , in this , respect was had to the publick utility , the whole Muire being otherwayes improfi●able ▪ and the restriction was not allowed till the Muire was actually riven out and pl●wed , Iune 21. 1667. Watson contra Feuers of Dunkeir A Servitude of putting over a Miln Damn upon other mens ground was ●ound not consti●ute without his consent , though he shew no detriment to him thereby , Iune 22. 1667. Hay of Strowi● contra Feuers . A Servitude of common pasturage , though if ordinarly carry Fail and Divot , yet if by cu●●ome Fail and Divot be excluded and hindered , it is ●ot excluded , February 15. 1668. Laird of Haining contra Town of Se●kirk . SIMVLATION of a Gift of E●cheat was inferred upon the Act of Parliament 1592. because the Rebel was suffered to possess four or five years , in which 〈◊〉 were patent , albeit the Donatar obtained g●neral declarator long before , and was himself a lawful Creditor , and that the Lands were appryzed before the Rebellion , seing the Appryzer possessed not but the Rebel , Ianuary 9. 1666. Oliphant contra Drummond . Simulation of a gift of Liferent Escheat , was ●ound probable by the Superiour and Witnesses insert in the gift their oathes , that it was to the Rebels behove , Iune 19. 1669. Scot contra Langtoun . Simulation of a gift of Liferent taken by a party who had bought Lands for securing himself , in respect the Sellers Escheat was ●●llen , was not inferred by allowing the Expenses of the Gift in the price of the Land , which the Seller was obliged to warrand , seing he did not extend the gift any further than to the Lands bought to himself , unless it were proven he knew of the other party competing his Right , that it was perfected before he took the other Disposition of the same Lands , and thereby was particeps fraudis with the Seller who granted double Dispositions , 22. 1669. Hamiltoun of Corsse contra Hamiltoun and Viscount of Frendraught . Simulation of a Gift of Escheat and Liferent was not inferred , because it was granted to the Rebels Son , who was not in his Family , but had means of his own , nor that the Father continued in possession for sometime after Declarator , nor were the members of Exchequer admitted to prove that the Gift was procured by the Fathers means and moyen , seing the Son gave Back-bond , that being satisfied of the debt in the Horning , his own debt and expenses of the gift , there should be place to the Rebels Credi●ors , and did make Faith at the passing of the Gift , that it was to his own behove , December 4. 1669. ●●ffrey contra Doctor 〈◊〉 . Simulation of a Gi●t of Li●erent was inferred from the Rebels obtaining the gift b●ank in the Donatars Name , which being in his hand and delivered to a Creditor for security of a just debt , the same was found null even as to him , December 17. 1670. Langtoun contra Scot , A SINGVLAR SVCCESSOR was not found lyable for publick burdens imposed by Committees of Parliament , Ratified in Parliament , Iuly 13. 1664. Grahame of Hiltoun contra Heretors of Cla●kmannan Shire . SLANDER , Vide Commissaries . IN A SPECIAL DECLARATOR of Eschea● ▪ the payment of the debt before denunciation , was ●ound relevant upon the Creditors Oath , but Nullity of the Horning upon informality of Process was found not relevant , seing these purged not the Contempt and Disobedience , in not paying or suspending , February 10. 1663. Montgomrie contra Montgomrie and Lawder ; in this case the alleadgea●ce on the Back-bond granted to the Thesaurer by the Donatar , in favours of the Creditors , was not found relevant without a second gift or warrand from the Thesaurer . SP VILZIE was elided by Disposition and Instrument of possession , though it was omnium bonorum , and no natural possession ●ollowed for two years , seing there was no forcible resistance , Ianuary 29. 1662 , Irwing contra M●kartnay . In a spuilzie many persons being called as accessory , there being on others whereby the Defender might prove his Defense , The Lords declared if the pursuer insisted against them all , they would ordain him first to insist against the accessories , that such as were assoilzied might be Witnesses , February 24. 1662. Inter eosdem . Spuilzie of Teinds was not elided by ther 15 , and 17. Acts of Parliament 1633. Declaring the Teinds to be the fifth part of the Rents , and that every Heretor shall have their own Teind until valuation be intented , December 18. 1662. Lord Balmerino contra the Town of Edinburgh . Spuilzie no● being pursued ●ithin three years can only be pursued thereafter as wrongous intromission , and the parties are not lyable in solidum , but if all be proven intromettors , they are lyable equally , as being all presumed to have equally intrometted , unless the greater intromission of some of them be prove m , Ianuary 17. 1668. Strachan contra Morison . A Spuilzie was not elided by a poinding , though one offered to make Faith the Goods were anothers then the debitors , not being offered by himself , his Servant , or by his Commission , seing that partie had a Disposition with an instrument of possession , and several Acts alleadged o● his nat●ral possession , from whom the Goods were poinded , Iuly 6. 1666. Corbet contra Stirling . Spuilzie of Oxen the Pursuers had in the Pleugh four moneths was elided , because the Defenders had intrometted with them by an order of the Sheri●● , execute by his Officers , as being stollen Goods , though there was no citation of pa●●ies for obtaining the warrand , which might be summarly used for recovering of Goods , notwithstanding of 4. moneths peaceable possession , unless with the possession the pursuer should instruct a lawful and onerous Title , as having bought the Oxen in which case Sentence was found necessary before the possessors were dispossessed , Iu●y 7. 1671. Strachans contra Gordouns . STIPENDS of Ministers affect the Teinds as a real burden , and all intrometters even these who buy , as Merchands buying the whole . Teind of a Mans Land for a year ▪ so that they cannot pretend payment made to the Heretor bona fide , seing they should know that real burden , Iune 24. 1662. Vernor contra Brown. Stipends quoad Intrants were found to divide in two Terms , that the Intrant before Whitsond●y hath ●oth Terms , but after Whitsonday and before Michalmass only one Term , Iuly 24. 1662. W●yms contra Cunninghame . Stipends were not found to burden and Heretor where there is a Liferenter living , Iune 24. 1663. Menzeis contra Laird of Glen●rchie . Stipend of a Minister reponed shortly after Michalmass as having Presentation , Collation and Possession before , and wrongously put out , was found not to prefer him to that years stipend against the lncumbent possessing and serving the Cure 〈◊〉 Michalmas bona fide , Iuly 9. 1663. Kirkaldy contra Balcanquel . A Stipend whereto a Stipendiar was presented at Lambass , and served from thence , and was admitted shortly after Michalmass , reached not the whole stipend , but the half , though the Presentation was before Michalmass and the actual service , seing the Admission was shortly after , Iune 7. 1664. Hay contra Collector of Vaccand stipends . A stipend was found to affect the whole Teinds unbought where there was not a Locality , and so the Minister might take himself to any Here●or for his whole free Teind , and not pro rata without prejudice to him to pursue for Relief , December 3. 1664. Hutcheson contra Earl of Cas●●ls . A Stipend was found instructed by seven years possession without any Title in Writ , so as to give a possessory judgement , November 25. 1665. Petrie contra Mitchelson . A stipend was found to belong to a Minister Transported in Ianuary , who continued preaching till April , and not to his Successors , who was presented before Whitsonday , but not admitted till L●mbass , none compearing for the Collector of the vaccand stipends , Ianuary 26. 1670. Mcqu●en contra Marquess of Dowglass and Purves . STOLLEN GOODS were ●ound recoverable by the owner , by warrand from the Sherif● summarly without citation of the possessors , though they had peaceably possessed the Gooods four moneths in that pleugh , unless they had acquired possession by an onerous Title , Iuly 7. 1671 ▪ Strachan● contra Gordoun● and others , Vide Spuilzie . SVBMISSION betwixt Commissars to the Bishop without any determinat Ish , or time determined to be filled up , or blank , but generally referring all controversies that should arise to the Bishop was found valide and not determined by a year , but a Term was affixed to determine what differences are now occurring , February 3. 1669. Bosewel contra Lindsay of Wormis●oun . SVBSTITVTION , Vide Clause . SVCCESSOR LVCRATIVE was not inferred by a Disposition by a Father to a Son having an elder Brother living , or so presumed , as lately before gone out of the Countrey , and so not then alioqui successurus , February 28. 1662. Hamiltoun contra M●farlane of Kirktoun . Successor lucrative being alleadged by a Disposition of Land by a Father to his Son in his contract of Marriage for a Tocher payed to the Father , and debts and Bairns Portions far within the value of the Land , he was not found lyable in solidum , nor yet the pursuer put to a Reduction , but the passive Title was sustained personaliter in so far as the onerous Cause was less then the ordinary price at that time , with annualrent since the intenting of the Cause , Iune 17. 1664. Ly●n of Mu●resk contra 〈◊〉 . Successor Lucrative was not inferred by a Disposition , being only to a Nephew , the brother being alive who was not ●ound alioqui successurus , as in the case of an Oye , November 22. 1665. Scot contra Bos●w●l of Auchm●eck , Vide Lucrative Successor . A SVMMONS whereof the Executions appeared visibly new , and the user would not abide by it , was found not to be transferred , but whether an Inhibition raised on that summons , would thereby fall , or if warrand might be granted to use new Executions on that Summons , though year and day was past , and that by special priviledge to validate the Inhibition , was not decided , Ianuary 12. 1665. Wilson and Callender her Spouse contra Summons not being execu●e within year and day from the date thereof , no process was sustained thereon , Iuly 22. 1665. Row contra Viscount of Stormont . Summons on an Assignation libelled at the Assignays instance was not sustained , seing the date of the Assignation was posterior to the date of the summons , albeit the Cedent concurred , Novemb●r 15. 1666. Ab●rcromb●e contra Andersons . A SVPERIOR not being called to a Cognition of Marches by Arbiters , or legally cited , doth not annul the same , but it is but prejudice to the superiour when the Fee shall be in his hand , February 8. 1662. Lord Torphichan contra A Superiour by receiving an Appryzer was found not to derogat from the Right of Ward in the Superiour , though he made no reservation , seing it was a necessary Act for him to receive , Iuly 19. 1664. Hospital of Glasgow contra Campbell . A Superiour bound in absolute warrandice against Ward , having a gift of his own Ward to his own behove , was found not to distress his Vassals thereby farder then for a proportional part of the composition and expense● , February 15. 1665. Boid of Penkil contra Tennents of Cars●uth A Superiour was decern●d to receive an Adjudger , though the superiour himself had appryzed and alleadged a better right , but the Infeftment to be salvo jur● 〈◊〉 & s●o , Iuly 4. 1667. Chein contra Christie . A Superiour giving a disposition of his Vassals superiority , reserving their property , and which disposition bear that the A●quirer should hold of the superiour himself ; The said disposition with the Infeftment thereon was found null , as interponing the Acquirer betwixt the superiour and his vassal , but was sustained as a gift of Non-entry , in respect it bear an assignation to all the casualities of the superiority , and the general declarator thereon was found to extend to the fe●-duties after citation , Ianuary 30. 1671. Dowglas of K●●head contra his Vassal . A Superiour being charged to receive an Adjudger , was ●ound to have his option either to receive him for a years rent , or to pay his sums getting assignation to the adjudication , but ●o that the Land should be redeemable from the superiour for the sums , princ●pal and annualrent contained in the adjudication , without any sum for composition of Entry , and that the adjudication was in this as an appryzing by the 36. Act King Iames 3d. Iune 10. 1671. Scot of Thirl●stane contra Lord Dru●la●rig . SVPERIORITY of Kirk Lands annexed to the Crown Anno 1633. reserving the Feu-duties to the Lords of Erection who consented to the surrender , was ●ound not to be a ground for the Vassal to force the superiour to instruct his consent , but that it is presumed , Iuly 27. 1662. Watson contra El●is ● ▪ Here Ha●●age and Carrage were excepted to the King. Superiority and property of the same right coming in the same persons by distinct means , and they infeft in the superiority , and supplicating the Lords that they would ordain precepts out of the Chancellary to infeft them in the property , seing they could not infeft themselves ; The Lords thought that they might be either infeft upon the Kings precept or their own precept ; or both , November 26. 1668. Daughters of Mo●●oun supplicants . IN A SVSPENSION a reason of payment by another Co-principal , was not found requisite to be instantly verified , nor the Defender put to find better Caution , though it was alleadged he was in hazard of breaking , but only to give his oath de calumnia , Iuly 15. 1665. Vrquhart contra Blair . Suspension of a Minister was found not to take away his stipend he not being deposed , Iuly 26. 1661. Ker contra Minister and Parochioners of Carrin . Suspension granted on supplication of all Hornings that should be condescended on , for Relaxation only and to give personam standi in judgement , without stoping any other execution , December 7. 1669. Vrquhart supplicant . TACIT RELOCATION was found to indure for more years , during which it was not quarrelled , not the beneficed person could expre●ly set together , Ianuary 16. 1663. Earl of Errol c●ntra parochioners of Vry . Tacit Relocation of a Tennent warned , cannot defend ●he sub-tennent against singular successors , who would only warn natural Possessors , Ianuary 30. 1663. Rickart contra Here the sub-tennent had required th● Tennent to give his Tack for his defense . Tacit Relocation after an expyred Tack of Teinds was sound interrupted by inhibition , though not used by the setter of the Tack , but by a third party on a distinct Right , unless the alleadger of the tacit relocation could condescend upon a right in the setter of the Tack , that might exclude this pursuit , and he condescending that the ●etter of the Tack was presented as parson , and had seven years peaceable possession thereby , the same was ●ound sufficient to maintain his Tennent by tacit relocation , until the Parson took assignation from the pursuer , and so acknowledged his right , which was found to take away the Tacit Relocation of the De●ender from that time , though it could not have taken away an unexpyred Tack , Iuly 18. 1671. Earl of Hume contra Laird of Riselaw . A TACK set by a debitor to his creditor for seven years for such a Tack-duty exprest , with a clause to retain his annualrent in the first end , and not to be removed til the principal were payed , was found valide against an appryzer subsequent as to the endurance of the Tack , having a definite Ish , and not during the non-redemption , and that there was a superplus of the Tack-duty above the annualrent , for which superplus alone the Heretor might have set it , but was not sustained as to the clause not to remove , which was found personal not effectual against a singular Successor , Iune 15. 1664. Thomson contra Reid . A Tack was found to be no such real Right , as the Back-bond of the receiver thereof did not oblige his singular Successor , but that the Back-bond being of the same date , was relevant to qualifie the Tack against the singular successor , which Back-bond bear a Reversion , which was not found needful to be Registrate , neither was it intimate before to that singular successor , Ianuary 8. 1●68 . Forbes contra A Tack of Land was found to give the Tennent no right to any Minerals under the ground , as to Clay for making of Pipes , and that the Tennent could give no Licence to any to dig the same , but de natura rei , it was reserved to the Heretor , with a power to open the same , satisfying the Tennents damnage , February 15. 1668. Colquhoun contra Watson . A Tack of Teinds set without consent of the Patron for more than three years , was not found null simply by the Act 1621 , but was valide as to the three years , Iuly 1● . 1668. Iohnstoun contra Parochioners of H●●●oun . A Tack for four years , and ay and whi●e sum were payed , was found valide against the Liferenters Assigney , December 18. 1668. Swintoun contra Brown ; Here the Assigney was not found as a singular successor ▪ as in Rights passing by Infeftment . A Tack of Teinds set for more than three years without consent of the Patron , was found valide by his tacite consent and homologation , by taking Right to the Tack , and obtaining prorogation thereon , Ianuary 19. 1669. Earl of Ath●l contra Robertson of Strowan . A Tack of Teinds for several nineteen years and several lifes , was found not to be past from by the Tacks-mans taking Assignation to another posterior Tack for a greater duty , or for greater endurance , seing he did not take the second Tack originally himself , but purchased it from a powerful party to prevent his trouble , and did not brook by it , nor pay a greater duty than was in his first Tack , Iune 24. 1669. Kenn●dy and More contra Iaffray . A Tack of Teinds set by an Vniversity for a definite space , with an obligement to renew the same in all time thereafter , was found not effectual after the said definite time , nor obligatory upon the Vniversity , unless it had proceeded upon a sufficient cause onerous , and albeit the same duty was received by the Vniversity after the 〈◊〉 time , It was found no homologation of the obligement , but as brooking per racitam relocationem , Iuly 13. 1669. Old Colledge of Aberden● contra the Town of Aberdene . A Tack of a House by word for a year being fourteen dayes before the Term , was found not to admit locum penitentia by giving over within fourty eight houres after the taking , but that the Setter setting again to another , imported acceptance of the overgiving , though that other possessed not , and the possessor not removing precisely at the Term , did not liberate the Taker , in respect of the custome of Edinb●rgh not to remove till six weeks after the Term , Ianuary 7. 1670. Ker contra Dawnie . A Tack g●anted by a Tutor in secur●ty of a sum borrowed for the Pupils use , having no special Ish , but to endure while the Money 〈◊〉 payed , was sus●ained , February 21 1671. Armor contra Lands . A Tack ●o the Tack● man during his le●e and the life of his first Heir , was not understood to be his Heir entered , but that his eldest son having survived him who might have been Heir , he needed no service for the benefite of a Tack , but that part thereof was fulfilled , though he never possessed conform , Iune 17. 1671. Lord Lovat contra Lord M●donald . Tack Vid● Clause , December 10. 1661. K●nrosi contra Laird Hunthil . November 23. 1664. Scot contra Laird Barefoot , &c. TAXATION 1633. was ●ound sufficiently discharged by the discharge of one who was held and repute Collector , without shewing any commission , or being a person in Office , December 14. 1665. Duke of Hamiltoun contra Laird of Clackmannan . Taxation by a stent Roll , was found only valide as to the Taxation it self imposed , but without power to add any thing for future expences by the stent , but that the Taxation behoved to be ●ifted gratis , if payed without a charge , and if there were a charge , the Lords would modifie competent Expences , but did not allow an Imposition to be added to the Taxation , December 15. 1666. Lord Colvil contra Feuers of C●●lross . Taxation 1633. was found discharged by a general discharge to the Sheriff in the Clerk of Taxations Books , without showing the Sheriffs Discharge to the particular Heretors , December 6. 1667. Duke of Hamiltoun contra Taxation was found to affect these contained in the stent Roll , seing they conveened not and were stented , albeit if they had conveened they could have freed themselves , their interest being Teinds wholly allocat to the Kirk , 〈◊〉 17. 1668. Steuart contra A●cheson . Taxation was found not to be due for ●nclosed ground conform to the Act of Parliament , 1661. and that the Act of Convention could not derogate therefrom , February 29. 1668. Duke of Hamiltoun contra Maxwel of Mur●ith . Taxation and l●an burden not singular successors , Iune 25. 1668. Inglis contra Balfour . Taxation was ●ound not to be due by the Director and Writers in the Chancellary as Depen●ents on and Members of the Colledge of Iustice , Ianuary 22. 1669. Collector general of the Taxations contra the Director of the Chancellary . The Officers of the Mint were also found free by a late exemption eodem di● . Taxation appointed to be uplifted by Magistrates of Burglis was found only to oblige these who were Magistrates of the Burgh for the time personally by their office , and that the Town nor subsequent Magistrates were not lyable for what they uplifted and made not compt for ▪ Iune 2● . 1669. Pearson of Balmadie contra Town of Mountress . Taxation imposed Ann● 1665. giving abatement of a third to the temporality of the Westeth Shires , was found to extend to the Kings Property there , Iuly 14. 1669. Duke Hamiltoun contra the Feuers of the Kings property . TEINDS though valide were found not to be debitum fundi affecting singular successors , 〈◊〉 20. 1662. Earl of Callander contra Monro . Teinds were found not to affect the Heretor where there was a Liferenter , Iune 24. 1663. 〈◊〉 contra Laird of Glenrchie . The priviledge of being Teind free competent to the Cyst●rtian order , and the like to Templers and Hospitallers as to Lands in their own Labourage , was ●ound competent not only to the Temporal Lords of Erection ; but to their Vassals , Iuly 15. 1664. Crawfoord contra Laird of Prestoungrange . Teind fish was found due by the Merchants who bought the fish immediatly as they were taken in whole Boatfuls , in the same way as if they had intrometted with the whole cropt upon the ground , they would be lyable for the Teind , December 13. 1664. Bishop of the Is●es contra Merchants of Edinburgh . Teinds were found due paroch● notwithstanding of the Kings Gift , unless Mortification or Possession thereof were proven , Iune 27. 1665. Ferguson contra Steuart of A●heog . Teinds may not be drawn summa●y upon Inhibition , where they were in Tack , and not drawn immediatly before , but a Decreet must preceed the drawing , and therefore parties having a colourable Title , the Teinds being so drawn , obtained ed Restitution , Ianuary 21. 1665. Lairds of Bairfoot and Bei●stoun contra Visco●nt of Kingstoun . Teind being by long custom payed only as to the half Teind , Viz. the 20t● . Lamb , the Heretor or Possessor was not found lyable ●s to bygones for any more , February 11. 1665. Scot of Thirlestoun contra Scot of ●roadmeadow . Teind of Herring , Killings and Ling taken in and about the Isles , as the patrimony of the Bishop of the Isles , was ●ound not to extend to Killing and Ling , taken by the inhabitants betwixt Arran and Hesay , they proving immemorial possession free of any Teind , November 24. 1665. Bishop of the Isles contra fishers of Greenock . Teinds were found not taken away by a Decreet of Parliament , ordaining the Titular to ●ell upon payment of such a price , it never being offered , so that the Teinds remained due till it were payed or offered , and upon refusal consigned , February 2● . 1669. Earl of Kin●ardin contra Laird of Ros●yth . Teinds of a Paroch were found to belong to the Prebendats of the Chappel-Royal , without any other Title but the Books of assumption , and three Presentations by the King , and that fourty years possession by the Minister did not infer Prescription against the Kings Chappel in respect of the Kings interest and Act of Parliament , declaring the Kings interest not to be prejudged by the neglect of His Officers , but the said long possession was found sufficient to the Minister for all years preceeding the citation , February 1. 1671. Ferguson contra Parochioners of Kingarth . THE TENOR of an interdiction being pursued , the production of the Letters of Publication was found a sufficient adminicle , seing such Writs use not to be retired as Bonds , Iuly 26. 166● . Laird of Milntoun contra Lady Milntoun . Tenors of Writs proven before inferiour Iudges was found null , Ianuary 28. 1663. Laird of Balnagoun contra Mackenzie . Tenor of a Registrate Bond admitted to be proved by reply , was not found sufficiently instructed , by an Extract under the English hands that keeped the Registers at London , though his Oath was taken Anno 1658. That it was a true Extract , Iuly 27. 1665. Captain Muire contra Frazer . Tenor of a Contract of Marriage containing Clauses extraordinary , as that the half of the Mans money should befall to the Wife in case there were no Heirs betwixt them , was not sustained without Adminicles in Writ , albeit the Tenor of it was insert in the stile Book of him that Wrote it , and the Tenor was offered to be proven by the Writer and Witnesses insert , and though it was offered to be proven that the Husbands whole means came by the Wife , Iune 13. 1667. ●arrower contra Hartlay . TERCE was found not to extend to a Bond bearing a clause of Annualrent without Infeftment had followed , Iune 24. 1663. Scrymzeor contra Murrayes . A Terce was not found taken away by an Infeftment in Lifer●nt , not bea●ing in satisfaction of the Terce , albeit the Liferent was competent and suitable to the parties condition , and there was never a Contract extended betwixt them but a Minute ▪ Ianuary 27. 1666. Cri●●toun and Eleis her Spouse contra Maxwel of Kirkhouse . A Terce was found not to extend to Teinds not constitute by Infeftment , but was found to extend to a grass yeard let to Tennents , it not being a Garden or Orchyard , as pertinent of a Tower or Fortalice , February 9. 1667 ▪ Moncreif contra Tennents of N●wtoun and Zeaman . Vide base Infeftment , Bell of Belfoord contra A Terce was found to be excluded by a Wifes acceptance of Land in satisfaction of her Terce , albeit a part of the Lands accepted proved ineffectual to her , her ●nfeftment by her Husband , not having been confirmed by the Superiour , who was preferr●d to her , and the acceptance was found a simple Renunciation , competent to the Superiour to exclude the Terce , and that she could brook no part ●f the Land by vertue of her Terce , and that the Superiours founding upon the clause accepting Lands in satisfaction of the Terce , did not import his approbation of her Right to the Lands accepted , seing she wanted the Superiours consent , as being an essenti●l requisite to her Infeftment of Ward Lands , and so could admit of no Homologation more than if she had only the contract without any Infeftment ▪ This was stopped to be farder heard , whether the Relict might brook , at least a third of the Ward Lands accepted as a Ter●e of these Lands , though she could not brook the whole Ward Lands accepted , being within a Terce of all her Husbands Ward Lands especially since the Clause bear that she accepted the Li●erent Lands in satisfaction of all farder Conjunct fees , but should be repu●●ed a Terce as being in lieu of all farder Terce ▪ whether in that case she renunced only the Terce of any other Lands , bu● not the Terce of the Lands accepted , Iune 23. 1671. Lady Ba●●●agan contra Lord Drumlanrig . THE TERM OF PAYMENT of Bairn● p●rtions 〈◊〉 at such a●● age , the same was found as dies 〈◊〉 qui pro conditione habetur , and they not attaining that ●ge thei● nearest of Kin had no right , Ianuary 17. 1665. Edgar contra Edgar . A TESAMENT Nuncupative by a Scotsman made in England or abroad where he resided , was found null as to the nomination of Succession , notwithstanding the Law of the place , which rules only as to the Solemnities of Writs , but not to Substantials or appoynting of Successors , Ianuary 19 ▪ 1665. Schaw contra Lennox . A Testament containing a Legacy of a Wodset was sound void , though it was done 〈◊〉 pr●●inctu bel●i , February 21. 1663. Wardlaw contra Frazer of Kilmundy . A Testament confirmed , bea●ing persons to be nominate Tutors , and that they compeared judicially , accepted , made Faith , and found Caution , was found not sufficient to defend against a Reduction , without production of the Tutors Subscription , as the warrand to make the Tutor lyable for the Pupils means conform to the Inventary , unless there were other adminicles to astruct the same , albeit the confirmation was thirty seven years since , seing the acceptance was no ordinary act of process , nor no process was moved upon the confirmation till of late , Ia●uary last 1665. Kirktoun contra Laird of Hunthil . A Testament confirmed was found to be execute at the Executors instance by a Decreet , though he had not obtained payment , an● though he was Executor dative and a mee● stranger , so that after the Executors death , the sums in the Decreet could not be confirmed by an Executo● ad non executa of the first Defunct , November 17 , 1666. Doun●e contra Young. A Testament was reduced because the Testator being alleadged not to be compos ment●s , the Nottar , Write● and Wi●nesses insert , and other extra●eous Witnesses deponed , that about the time of the Testament and thereafter the Testator was not ▪ in his right mind , and to every question that was proposed , answered alwayes yea , yea , although they were not present at the making of the Testament , and were contrary to the Witnesses insert , this was stoped to be further heard , Iune 9 ▪ 1668. Meall●xander contra Dalrymple . A Testament beginning in the ordinary stile of a Testament , and then disponing Land , thereafter containing a blank , wherein by another ink and hand ▪ the Defuncts eldest daughter was named universal Legatrix and Executrix , but after all the moveables were dispon●d to the eldest Daughter , which Testament being quarrelled by reduction , was found null as to the disposition of the Lands , and as to the nomination of the Executor and Legatar , the same was not sustained though filled up before the Defuncts death , albeit it was offered to be proven by the Nottar and W●tnesses insert , that the Defunct gave warrand so to fill it up , but it was sustained as to the disposition of the moveables as a Legacy , in so far as the Defunct could Legat , which may subsist though the nomination of the Executor be wanting or void , Iuly 13. 1670. Daughters of So●ityay contra the eldest daughter . Testament Vide clause December 15 , 1668. Windrham contra El●is ▪ THIRLAGE was found constitute by long custom of payment of Intown Multure in mollendino reg●o , but was not extended to the Te●nds of that Barony though possest promiscu● far above fou●ty yea●s , without more then custom , and was not excluded by the Feuers of the Barony their Feus granted by the King cum mollendini● & mul●uri● in the tene●das only , which was thought but past in the Exchequer of course without observation ▪ Ianuary 8. 1662. Steuart contra the Feua●s of Aberledno ; The like without allowing any part of the cropt multure free for expences of labour , and Hinds-corn , but only the Seed , Horse-corn and Teind , Ianuary 14. 1662. Nicolson contra F●uars of Tillicutrie . Thirlage was sound constitute by an old Decreet against the Tennents possessors , without a calling their Master , and long possession conform thereupon , albeit the Heret●r was Infe●t cum mollendi●●●● ▪ and that Witnesses being examined hinc inde conce●ning the possession and interruption , by going sometimes to other Mi●ns were proven , yet not so frequently as might not be Olandestine , Iune 24 ▪ 1665. Collonel Montgomerie contra W●lla●e and R●ie . Thirlage was inferred where the Feuer of the Miln was Infeft in the Miln with the mul●ures of the Lands in question per expressum , and was in possession of insuck●n Multure thereof fourty years , albeit the Defende● was infeft before , without the burden of astriction , and did sometimes go to other m●●ns , which being frequent in all astrictions , was found not to be a competent interruption Iune ●9 , 1665. Hereto● of the Miln of K●thick contra Feuars . Thirlage was infe●red by infeftment of a miln with the multures &c. generally , with a precept from a Bishop then Heretor of the Lands in question , ordaining his Tennents to pay their multu●es to that miln , which with long possession was found sufficient ▪ albeit it had no consent of a Chapter , December 7 ▪ 166● , V●●tch contra Duncan . Thirlage being constitute by an infeftment from him who 〈◊〉 〈◊〉 of Land and Miln , was found no to be prejudgeed upon the alleadged insu●●●ciency of the Miln , unless the insufficiency were alleadged to be through the fault of the Hereto● of the Miln , February 9 , 1666. Heretors of 〈◊〉 contra Fe●ars . Thirlage was not Inferre● by an infef●ment of ●ands with such a miln and the multures used and wo●t , which was not extended to L●nds of another Barony ●olden of another Superiour , though they then belonged to the Dispone● , and were in use to come to that miln , December 11 ▪ 1666. Earl of Cassils contra Tennents of Dalmortoun . Thirlage though constitute by a Vassal , hath no e●●ect against the Superiour during the Vassals Ward , unless the superiour consented , neither is his consent inferred by his receiving an Assignay to the Appryzing with reservation of the multures in the assignation , unless that reservation had been in the Charter , Ibidem . Thirlage in a Vassals Charter to the Supe●iours miln , was ●ound not to infer multures upon the Vassal , though he mov●d his Tennents to come to his own miln , and got a g●ea●er duty therefore , but that the Tennents were only lyable personally for abs●racting , December 10 , 1667. Earl of Cassils contra sheriff of ●alloway and Tennents of A●●hn●troch . Thirlage constitute by infeftment bea●ing mult●res and sequels , was found that the ordinary miln-se●vices to the miln damn and miln sto●●es was included in the right , unless by paction or pres●ription the same was taken away , February 27 ▪ 1668. Mai●land contra L●●●y . TOCHER being proportionable and suteable to the parties , was ●ound a cause o●erous ad 〈…〉 December 23 ▪ 1665. Burnet contra Lepers . TRADS-MEN in Suburbs were ●ound not to be simply excluded from working in Subu●bs of Burg●●s by the ●54 ▪ Act Par. 1592 , but that they should not work to the ●nhabitan●s of the Burgh ▪ December 4. 1669. Weavers of Pearth contra Weavers of the Bridgend of Pearth . TRANSACTON was not inferred by giving a Bond for the same sum in the Decreet and Chap●●on thereupon , se●ng there was no abatement obtained , Iuly 3. 1668. Row contra Houstoun . TRANSFERRENCE of an old Summons w●s stoped , where the first Executions were new and not abidden by , Ianuary 12 ▪ 1665. Wilson a●d Chalmers contra Transferrence of a Cau●e that had lien long over , was found sufficient to give Processe in the principal Cause and not to require any other Walkning , February 20. 1666. Lord Saltoun contra Saltoun and Rothimay . TRVST of an assignation to the Cedents behove , was found proven by Witnesses ex officio upon presumptions , the matter having lien long over , and it being instructed that the assignation was never delivered to the Assigney , but in the hands of the Writer , and some missives were adduced to instruct the Trust , though not proven holograph but by comparison of some o●her writs , February 22 ▪ 1665. Viscount of King ●toun contra Collonel Eull●rtoun ▪ Trust inst●●cting a Bond to be to another ●arties behove by presumption was sustained , Ianuary 12 , 1666. Executors of Stevinson contra Crawfo●rd . Trust in a di●position of Lands being to prevent the rigor of Creditors , the person intrusted was found to have no power to receive more of the debts componed for than he truely payed , albeit there was no express Trust as to componing or paying of su●s , November 15. 1667. Maxwel contra Maxwell . Trust of an Assignation to the behove of a third party , was found where the assignay acknowledged that he received the assignation from that party on thir Terms , that what ●●e should get by it should be allowed in a Decreet due to him by that party , which therefore was found to make the assignation to the parties behove , though ●t was not acknowledged that that party had the Assignation blank , and therefore an obligement by that party to relieve the Debitor of the deb● , was found equivalent to a Discharge and to exclude the Assignay , December 7 ▪ 1666. Mont●●●th ●ontr● Laird of Glorre● . Trust Vide Diligence , December 18. 1666. Casse contra Wa●t . Trust was found probable not only by Writ or Oath of party , but also by Evidences and Adminicles , whereupon Witnesses ex officio were Examined , February 6. 1669. Ru●e contra Rule . Vpon Trust of an Assignation to an Appryzing , Witnesses , ex officio were Examined on all Circumstances , February 24. 1669. Earl of Annanda●l contra Hume and other Creditors of Hume . Trust in Bonds and personal Righ●s were found not ●o constitute the sums in bonis defuncti in the intrusted perso● , but that the Trust might be proven by Writ against the nearest of kin of the intrusted person , and against the debitor for making payment , without necessity of confirming th● Bond that was in the name of the intrusted person , Iu●e 9 ▪ 1669 ▪ Street contra Hume of Br●●●field . Trust of a Gift of Escheat to be to the behove of the Vassal , was ●ound probable by the Witnesse● inser● in the Gift and the Superiours o●th Iune 19. 1669. Scot contra Langt●●n . Trust of a Disposition of Land for payment of the instrusted person , and then of the intruste●s Creditors , some of whom had appryzed from him and were infeft , the person intrusted was not found in capacity to pay other Cieditors , and prefer them to these who had done more timely Diligence , though the Inhibition and Appryzing was not against the Intrusted person , Iuly 24. 1669. Crawfoord contra Anderson . A TVTORS oath was found not relevant to prove a condi●ion or agreement with the Defunct against the Pupil , though there were concurring probabilities and Testifica●es December 7. 166● . Ecles contra Ecles . Tutor Vide Assignay , Ramsay contra Earl of Wintoun . A Tutor or his Assignay was found to have no process against his Pupil 〈◊〉 his Tutor compts were ended , ex presumptione juris , that the Assignation was procured by the Pupils means and to his behove , Iu●y 24. 1662. Cranstoun contra Earl of Wintoun . A Tut●ix her Assignation though not formal , bearing the Tutrix as taking burden for the Pupil and not the Pupils name also Assigning , yet was sustained , Iune 17. 1664. Iustice contra Earl of Queen●berry . A Tutor was not found lyable for annualrent of his Pupils annua●rent of considerable sums from the several years they were due , but that once in his Tutory he was obliged to uplift the same , though in secure Creditors and great mens hands , and that he was obliged to pay or reimploy them at the end of his Tutory , and so was found lyable for the annualrent of the annualrent a finita tutela , though it was not uplifted , Ianuary 21. 1665. Kintor contra Boyd . A Tutory was found not to be instructed by a confirmation bearing , that the Tutor accepted and made Faith , without Warrand under his hand , or some Adminicles to astruct it , though the Confirmation was thirty seven years since , Ianuary 31. 1665. Kirktoun contra Laird of Hunthill . A Tutor was not found proven by his discharging as Tutor Testamentar , where by the Testament it was evident he was but Overseer , Iune 10. 1665. Swintoun contra Notman . A Tutors oath was found valide against the Pupil , as to the Tutors intromission in name of the Pupil , yet so that the Tutor deponing that he did not remember the quantity and price , he was not holden as con●est as if he were a party , but might be compelled by Horning and Caption to Depone as a Witness , Iune 27. 1665. Cant contra Lock . A Tutor was found lyable to uplift his Pupils annua●rents , and to re-imploy them somtime during the Tutory , and therefore was sound lyable for annualrent of the same post 〈◊〉 tutelam , but if he dyed within the Tutory , he was not found lyable for annualrents of annu●lrents , being in secure hands but not uplifted , Iuly 4. 1665. Boyd contra Kintore A Tutor pursuing a Mother for delivery of her Daughter his Pupil to be Educate with some of her Fathers Friends , having a great portion out of his Estate , that she might not be abused in her Marriage by her Mother or her Freinds ; the same was sustained after the Pupils age of eleven years , though the Mother was unmarried and the Daughter vali●udinary , February 6. 1666. Laird of Dury contra Lady Dury . A Tutor was found to have a year to imploy sums not bearing annualrent , and not to be obliged to uplift sums where the Pupil was fully secured , or where on a sudden the Debitor break , but was found lyable for all Diligence according to the Debitors condition by Horning , Caption , Arrestment , Poinding and Appryzing of the Debitors Estate , which should be known to him , and not for Horning only , Iuly 9. 1667. Ste●in contra Boyd . In a Tutor compt the Tutor was not found lyable for the Services he got to the Pupils Tennents in kind , and that where he was super-expended , a Decreet might be at his instance against the Pupil on the Pupils own Process , Ianuary 11 1668. Grant contra Grant. A Tutor was found lyable to compt as Tutor and not as Pro-Tutor , on production of a Writ under his hand , designing himself and acting as Tutor Testamentar , without necessity to the Pursuer to produce the Testament , December 2. 1668. S●atoun contra S●atoun . A Tutor was found lyable for the Annualrent of his Pupils sums , which were in responsal Debitors hands , but not to re-imploy the same upon annualrent , in respect the Tutor dyed durante tutela , and that what annualrents he had received , his Successors were only lyable for the same , and the annualrent thereof from the time the Pupil past pupillarity , it being sufficient to lift and imploy the annualrents of Pupils sums at any time during the ordinary course of the Tutory , af●er the Pupils passing pupillarity , Iuly 9 , 1669. Kintor contra the Heirs and Successors of Logan of Coatfi●ld ▪ This was stopped on the Pur●uers Bill , till it were furder heard upon the grounds of the first Decision . A Tutor having cited his Pupils Friends on both sides , that ●t might be declared by the Lords that the Pupils Lands were ●racked above the true value , and that they w●re not able to pay their Rents without casting the Land waste , no party appearing , the Process being considered by the Lords , they granted Commission to Gentlemen in the Countrey to try the matter of Fact and report , February 5. 1670. Tutor of colz●an contra nearest of kin of the Pupil . A Tutory granted to two , and bearing them to be joyntly , was found void by the death of either , Ianuary 17. 1671. Drummond of Riccartoun contra Feuars of Bothkenneth . TVTOR DATIVE of a furious person was found not to exclude the nearest Agnat as Tutor of Law to be served quandocunque , though the Idiot was necessitate to pay upon the Tutors citation to make forthcoming , Ianuary 21. 1663. Mr. Iames Steuart and Robert his Tutor Dative contra Spreul . V●●●MUS HAERES being gifted , was found to have no effect till there be be a declarator thereupon in the same way as in Bastardy , Iuly 30. 1662. Laird of Balnagoun contra Dingwall , The like Iuly 31. 1666. Crawfoord contra Town of Edinb . VSE OF PAYMENT of a duty to a Minister for Teinds , and his discharge for the whole Teinds for a long time , was found sufficient against him who had the Tack and Prorogation of these Teinds , until interruption by Citation or Inhibition , thogh the duty was very smal , & the Minister was but stipendia● having that quantity allocat out of these Teinds , Ianuary 19. 1669. Earl of Athol co●tra Robertson of Strowan . VSVRY was not inferred by a Creditors taking a Tack for his furder , security , for so much Victual , or 20. shilling less than the 〈◊〉 , at the setters option , that abatement being for the setters pains and hazard in getting in the price , November 23. 1664. Scot contra Laird of Barefoord . VICCARAGE was not found due out of Yeards which were apar● of the Chanons Portions , which had never paid Viccarage , Iune 30. 1668. Minister of Elgin contra his Pa●ochioners . THE VIOLENT PROFITES of an Ox Sp●ilzied in Labouring time , was found to be 5. shilling every day during the Labouring time , February 28. 1668. Lord Iustice Cle●k contra Hume of Linthil . VITIATION of a Contract of Marriage diminishing the Tocher and Ioyntu●e by the Husband and Father after the marriage , was found not to prejudge the Wife who consented not , but her Right was extended as before the Vitiation , in prejudice of the Husbands Creditors infeft by him , albeit the Contract being Registrate , the Vi●●ation could not not appear to the Creditors when they lent their Money , Iune 11. 1670. Hunter contra The Creditors of Peter . VITIOVS INTROMISSION was not ●lided because the Defunct dyed Rebel at the Horn , and so there was nothing in bonis defuncti , unless the Defender alleadged he had the gift of Escheat ante motam litem , February 17. 1662. Gray contra Dalgarno . Vitious Intromission was retrinched to single avail , because the Defender entered in possession by a disposition of the moveables , though no delivery or possession was in the Defuncts life , February 27. 1662. Chalmers contra Dalga●no . Vitious Intromission was purged by the Intrometters confirming within year and day after the Defuncts death , the Executry being his Wifes , albeit after intenting of the pursuers cause , Ianuary 28. 1663. Stevinson contra Ker and others . Vitious Intromission was purged by a Disposition and Instrument of Possession in the Disponers Lifetime , though the Defender judicially acknowledged there was no natural possession , Iuly 6. 1664. Brown contra Lawson . Vitious Intromission was not sustained after the Intrometters death , against any representing him , where there was nothing done to instruct it in his Life , further than Quo ad val●rem , but not as an universal passive Title , Iuly 10. 1666. Cranstoun contra Wilkison . Vitious Intromission was elided , because the Intrometter had warrand from the Donator of the Defuncts Escheat ▪ thogh there was no Declarator , seing the Warrand and Intromission was ante notam litem . Iuly 4. 1665. Innes contra Watson . Vitious Intromission was not inferred by intrometting with 50. pound , the Intrometter having after his Intromission confirmed himself Executor , and omited that sum , but was only found lyable for the sum it self , February 26. 1668. R●oth contra Cowan . Vitious Intromission was found not receivable by Defense against an Assignay , viz. That the Cedent who was Creditor to a Defunct , was vitious Intrometter with his goods and so Debitor , the Assignation being for an onerous cause , Ianuary 20. 1671. Captain Ramsoy contra Henrison . WARD was found not to fall by the death of an Appryzer who had Charged , unless he had put the Superiour in culpa , by prese●ting a Charter to be subscribed by him , and offering a Sum with a Bond , and Caution for what more the Lords should modifie for that years Rent , and that therefore the Ward fell by the death of him against whom the appryzing was led , February 9. 1669. Black contra French. Ward being gifted by the King , the Donat●r was found to have interest to call for production of the Defender her Sister ●●d Fathers Retoures only , for instructing of what was Ward , and not their other Evidents , December 20. 1669. Earl of Rothes contra Tutors of Buccle●gh . Ward was found to take no place where the Defunct was denuded by an Appryzing and the Appryzer infeit , albeit the appryzing was on a Bond granted to his Mother , to the be●ove of her Son , which was not found to be a fraudulent precipitation to exclude Ward , it being granted in the Defuncts leige pouftie , but so soon as the Appryzing was satisfied either in the Defuncts time or after his death , the Ward of the Defunct's Heir took effect , Iuly 20. 1671. Lindsay of Mo●nt contra Maxwel of Kirkonnel . A Ward was not found to give Right to the Donatar , to cause an Appryzer Restrict to as much of the Rent as will satisfie his ann●alrent , that the Donator might have the superplus , by the Clause in the Act of Parliament 1661. betwixt Debitor and Creditor , which was only found proper and personal to the Creditor and his Heir , Inter eosdem . Ward and Marriage of a party killed in the late War , was found not to be taken off by the Act of Parliament 1640. Declaring the Ward and Marriages of these that should die in that Service not to fall , which Service was found to terminate by the next Pacification Ann● 1641. here parties were agreed , so that it was not acuratly debated , or determined whether the salvo in the Act resc●nding these Parliaments during the Troubles , except as to private Rights acquired thereby , would reach to the exemption of Ward and Marriage by the Act 1640. being held an exemption during all the Troubles , should be so interprete now , which was not proposed , Iuly 28. 1671. Hadden contra Laird of Glenegi●s . WAKNING was not ●ound necessary , where upon hearing parties Decre●ts were pronunced , though it was sto●ed upon a Bill , and lay several years over ▪ which stop imports not a recalling of the D●creet , but a stoping the Extracting of it till the parties might be heard upon the grounds of the Bill , Iuly 1. 1671. Brodit of L●th●m and the La● of Ri●cartoun contra the Lord Kenmuire . WARNING was sustained at an old Kirk , albeit Divine Worship was at a new Kirk not Erected by Parliament , or though Erected , if Hornings and Inhibitions used to be at the old Kitk , Ianuary 24 ▪ 1667. Earl of Arg●le contra Campbel . Warning not bearing that it was read at the Kirk door in ordinary time of Divine Service , was admitted to be so mended at the Bar , Ianuary 25. 1667. Inter eosdem . Warning at the Kirk and House was sustained on fourly days , though the party warned was out of ●he Countrey , the Act of Parliament anent Warning requiring no further , February 20. 1666. Mcbrair contra . WARRANDICE was ●ound implyed of a Legacy in realiena scienter legata , Iune 18. 1664. Murray contra Executors of Rutherfoord . Absolute Warrandice was ordained to be contained in assignations of Bonds for an equivalent Cause , as the price of goods , and that it should bear expresly , not only that the debts were due , but that the debitor was solvendo , Iune 24. 1664. Moffat contra Black. Warrandice being absol●te in an Assignation by a Creditor to a Cautioner , that he might get his relief , bearing ( against all deadly as Law will ) was found not to extend to the Debitors being solvendo , Iune 26. 1664. Hajcontra Nicols●n . Absolute Warrandice was found implyed in a Contract of Marriage , wherein a Mother as Executor gave such a sum in full satisfaction of a Daughters interest , and that only to warrand against the Defuncts seperveening Debt , as to the superplus above the sum accepted by the Daughter , but simply for all the portion , unless the Mother would compt for all her Daughters share , November 16. 1664. Fleming contra Fleming and her Spouse . Warrandice was found to give recourse , though th●re could be no present distress , seing there was a clear ground of further distress by the warranders own deed , granting double dispositions , Iuly 1● . 1666. Bur●et contra Iohnsto●● . Warrandice absolute in a disposition of Lands , was found to extend to warrand Lands designed for a Horse and Cows Grass by a subsequent Law , albeit the Law extended in self as if it had been of a former date with another abroga● Law , seing these Laws did differ from the former ▪ and did not revive it , Iuly 12. 1667. Watson contra Law. Warrandice being special by Infe●tment , though base and ex intervallo , and after the principal In●eftment , is effectual for recourse , without declarator , and being cled with possession of the principal Lands , and can only be excluded by a possessory judgement upon 7 ▪ years after the eviction , but by no possession how long soever before the eviction , February 20 , 1668. Forbes contra Innes . Warrandice in a Disposition bearing the seller holds Ward , that therefore he should warrand the buyers , who were to ●old Few of him , and to relieve them of any Ward that should thereafter fall , which was ●ound to be effectual against the Sellers Heir , tho●gh denuded of the Superiority , and not to burden the present Superiour , Iuly 18. 1668. Colquhoun contra St●uart of Bars●ub . Warrandice in whatsoever Terms conceived , was found to extend no furt●er than t●e sums paid out , and the expences of the party ▪ Ianuary 26. 1669. Boyl of Kelburn contra Wilkie . A WIF'S Contract of marriage was found a debt 〈◊〉 to other personal Credi●ors of the Defunct , Febru●ry 8. 1662. Crawfoord contra Earl of Murray . A Wi●e and her freinds at whose instance execution of her Contract was provided , was admitted to pursue a Reduction of a deed done by the Husband in prejudice thereof du●ing ●is life , February 12. 166● . Leck●● contra 〈◊〉 . A Wife was found conveenable without calling the Husband , he being 20. years out of the Countrey , and she repute widow , Iune 19. 1663. Hay contra Corstorphin . A wifes oath was found to prove against the Husband , where the matter was litigious , by a process against the Wife before her marriage , Iuly 19. 1663 , Edgar contra Murray . A Wifes infeftment was found valide till her Tocher were repaid , albeit the Marriage was disolved w●thin year and day , Iu●y 20. 1664. Petrie contra Paul. A wifes furnishings even for her mournings for her husbands funerals , being of that quality that should have mourning , was found not to be the wifes debt but the husbands executors , November 2. 1664. Murray contra Ne●lson . A wifes infeftment Stant● martrimonio being 〈◊〉 and beside her Contract , was found not to be validat by her husband possession , that his Creditors might not quarrel it by exception , it being anterior to the infeftment , December 7. 1664. Lady Craigie and Greenhead contra Lord Lour , Vide Clause , December 20. 1664. Young contra Buchannan . A wife having her husbands bond in her hand , and impignora●ing in 〈◊〉 100. pound , it was sustained against the husband , upon presumption of her having warrand by having the bond , February 4. 1665. Paterson contra Pringle . A w●●es infeftment in liferent was sustained by her Seasine , adminiculat by her Contract of Marriage , albeit the sealine was not immedia●ly on the Contract but related a bond granted for the same cause , which was not produced , I●ne 29. 1665. Norvel contra Steuart . A wi●e was ●ound not to be excluded from her liferent , because her To●lier was not payed , she not being obliged therefore , albeit the Contract bear , that the Tocher being payed it should be so applyed upon security , Iuly 5. 1665. Mack●● contra Steuart . A wife was not found lyable to her husbands creditors appryzing his j●s meri●● , for the Rent of Houses possessed by her self for their aliment , as to years preceeding the intenting of the Ca●se , December 7. 1665. Smith and Duncan c●ntra Robertson . Here the Creditors had access to the wife 's other Tenements , though the husband shortly after his marriage left the Countrey , and the wife had obtained D●●reet of adherence and was proceeding to divorce . A wifes obligation with her husband for a firm obliging them to pay conjunctly and severaly , and also obliging to 〈◊〉 an annualrent out of either of their Lands ▪ was found null as to the obligement to infeft even as to the wife , De●●mber 15. 1665. Bleis contra Keith . A wifes renunciation of a part of her joynture after her contract of marriage and first proclamation , was reduced as being done without consent of her husband , albeit the husband knew of the 〈◊〉 and yet went on in the marriage , and albeit he was an unsuitable match to her , and that not only as to t●e husbands interest and during his life , but also simply as to the wife , Ia●●ary 5. 1666. Lady Bu●e and her husband contra Sheriff of 〈◊〉 . A wife was found not to have interest to pursue the Defuncts Debi●ors for her half , but only the Executors ▪ December 15. 1667. Lady Cranburn contra Lord Bu●ley and others . A wifes accompt of furniture for her person subscribed by her , was found valid● , albe●t she was then married and a ●●i●●or , without instructing the goods received and just price , she being p●rsona illustris , and the accompt not great for her own furniture , February 20. 1667. 〈◊〉 contra Dutches of Monmouth . A wi●e cled with a husband was found lyable for drugs furnished to her and her children at her command , ●he having a peculiar Estate , wherefrom her husband was excluded , a●d he be●ng ou● of the countrey , December 19. 1667. Gairn● contra Arthur . A wife acquiring Lands , was found not to presume that the same were acquired by the husbands money , and to belong to him and his heirs , unless it were instructed that she had heretables or other sum● exempted a commun●one 〈◊〉 , especially seing the wi●e dispo●ed her Lands to another , and her husband as Baillie of the Burgh gave Seasine thereon , Ianuary 29. 1668. Brown contra Nappi●land . A wife predeceassing , her third of her husbands moveables was found not ●o comprehend the best of ilk kind , but that it ●el●oved to be l●● aside as heirship moveable , wherein the wife had no interest , December 8. 1668. Go●●●et contra N●ir● , though the husband was al●ve and could then have no heir . A wife in he● cont●act of marriage having discharged and renu●ced 〈◊〉 here●able sum due to her in favours of her debitors , who gave a new heretable security of the same date to her ●uture spo●se , the wif● having made her husband her Executor and Lega●ar , a●d dying within year and day , the discharge and renunciation g●anted in favours o● a third party , was found not ●o be 〈◊〉 by the dissolu●ion of the marriage , but that the old security continued i●●ovar by the new ●ecurity granted to the husband , who was only obliged to restore the ●um in that security to his wifes Ex●u●ors , as a moveable obligation ▪ and not to her heir , and that so it belonged to the husband himself as Executor , Dec. 11. 1668. Scot con . Ai●on . A wi●e was found to be burdened with her husband● her●table deb●s , December 23. 1668. Mckenz●e ●ontra Rober●son . A wi●e purs●ing for her provision by her con●ract of marriage ▪ which bear , her to be provided to the annualrent of her Tocher and as much more , the same was sound effectual , and that the wife was not obliged to instruct that her Tocher was payed , seing she was no● obliged for payment thereo● in the contract , an● the husband having only a ●um provided to himself and his wi●e in life●ent , and after their deceasses to the mans 〈◊〉 daughters by a former marriage , the wife having confirmed the same for implement of her contract , was pr●●erred to the daughters , and their substi●u●ion was ●ound nu●l by the Act of Parliament 1621. without ▪ reduction , Ianuary 5. 166● . Syms contra Brown. The like before , February 22. 1665. Campbel contra Campbel . A ●ifes infe●●ment upon her contract of marriage was sustained , though it bear that the husband should imploy the Tocher & an equivalent sum for the wife in li●erent , albei● the Tocher was never paid by the Father , not by the husbands neglect , but by the fathers insolvency from the time of the con●ract , seing the husband did not object t●● same , but granted infeftment , Ian , 11. 1670. Hunter c●ntra Credi●ors of Pet●r . WITNESSE● were admitted to prove setting down of Marches by Arbiters , February 8. 1662. Lord Torph●hen cont●a . Witnesses were admitted to prove a Warrand and Command , being the Messengers Domesticks and so 〈◊〉 persons , Ianuary , 4. 1663. Ma●●o●n contra Hunter . Witnesses were admitted to prove the Loan of Books , ●hough far above 100. pound , Ianuary 21. 1665. Scots contra Fl●●cher . Witnesses were ●ound to prove a bargain of Victual a●●er 1● . years time , Iuly 14. 1665. Ma●●h●son contra Gib . Witnesses Testimonies taken by the Commissars in a Divorce cr●ved ●o be Reduced , was found not to be published , but the Clerk was ordained to give a Note of their Names , Design●tion , Age and purging of partial Council and the like , b●t not of the particulars in the cause , Ianuary 4. 1666. Laird of Mil●toun contra Lady Mil●toun . Witnesses were not admitted to prove a Bond blank in the Creditors Name , delivered to a Desender , to infer an obligement to re-deliver the same , February ●0 . 1667. Iohnstoun contra Iohnstoun . Witnesses were found to prove Adultery , albeit their Testimonies were not of the same individual Act at the same time and place , Adultery being crimen genericum inferred by re●●erable Acts , and though neither of the Witnesses knew the Woman with whom the Adultery was committed , but heard her named at the time they saw the Acts by the Adulterers servant , and that some other Witnesses knew that she was not the Adulterers Wife , February 25. 1667. Lady Milntoun contra Laird of Milntoun ▪ Witnesses Testimonies were found not to be in●ringed upon theirown re-examinaton in a second instance , as being suborned or corrupted post ●us acquisi●un● by the first sentence ▪ albeit in the first Testimonies they were not purged of partial Council , Ibidem . Witnesses were found sufficient to prove a ●argain to have been anterio● to a Writ , and that Writ was reduced upon that Sentence as posterior and prejudicial to the bargain , Ianuary 21. 1669. Creditors of Pollock contra Pollock . Witnesses were admitted to prove a Merchant compt as to Articles more then three years preceeding the Citation , it being a cur●ent accompt , though begun by the Defunct and continued af●er h●● deceass by his Funeral provision , and by the Chamber●●●● of his Heir then a Pupil , seing three years interv●e●ed not in any part of the accompt , February 26. 1670. Grahame contra Laird of Stan●byres . Witnesses were admitted to prove the v●●iation of a Contract of Marriage , and not to annul it but to extend it as it was before the vi●iation , Iune 11. 1670. Hunter contra Creditors of Peter . Witnesses were admitted to prove intromission with Mails and Duties of Tennents , though silver Rent , intrometted by one who was infe●t in an annualrent out of the Tenements , albeit by the intromission , the principal sum for which the annualrent was constitute , would be satisfied , and the infe●tment extinct , February 4. 1671. Wishart contra Arthur . Witnesses were admitted to prove an appryzing to be to the behove of the apparent Heir , in respect of this concurrent presump●ion , that the appryzing was assigned to the appear and Heirs brother , February 22 , 1671. Gordo●n contra Mcculloch . Witnesses were admitted to prove● Ministers possession of ●ands to be by tollerance of an Her●●or , and ●o not ●o be a Gl●ib belonging to the Kirk , where the Ministers possession was decen●●lis & trien●alis , but that writ was necessary ( if his possession ha●t been for 40. years ) to prove the tollerance , Iune 22. 1671. Minister of contra Duke of ●al●leugh . WITNESSES EX OFFICIO were received for proving the delivery of a Bond blank in the Creditors name ▪ the matter being betwixt brother and sister where Trust was very presum●able , February 21. 1667. Iohnstoun contra Iohnstoun . Witnesses were examined ●x officio to prove Warrant or Command to a deed done in prejudice of him , who had the Commission to do the same deed , and could have ●indered others , February 21. 1667. Lord R●●toun contra Laird of Lambertoun . Witnesses and the writer of a disposition were examined ex officio on th● Terms of the Treaty , and whether when th● writ was read , being an absolute disposition , it was not read as being redeemable , Iuly 2. 1667. Allan contra Fairie . Witnesses ex officio being admitted hinc inde , not the greatest quant●ty proven by two , but the quantity proven most pregnantly , was followed , November 23. 1667. Lord Iustice Clerk contra Laird of Lambertoun . Witnesses ex officio were examined to instruct the cause of a Bond to be by arbitriment and exorbitant , it being 37. years dorment without annualrent , and the sum filled up with a different hand , February 6. 1668. Chis●holm contra Witnesses taken ex officio proving the imploying of a Wright in his wo●● in a Lodging possest by the ●mployer , and his frequent direction anent the work , were found to prove against his Heir , though above 100. pound , and though direction alone without sensible acts is only probable by writ or oath , Iuly 21. 1668. Thomson contra Earl of Glencairn . Witnesses ex officio 〈◊〉 ●●de examined in a Reduction on death bed , albeit the day of compearance was not come , to prevent the death or collusion of the most necessary Witnesses , February 16. 1669. Creditors of my Lord Balmerino and Cowper contra Lady Cowper . Witnesses ex officio were ordained to be examined before answer ▪ for clearing a Trust of the right of ●n appryzing ▪ upon divers probabilities hinc inde alleadged , February 24. 1669. Earl of Annandail contra 〈◊〉 and Credi●ors of Hume . A Witness examined ex officio prevaricating in his oath , first denying and then acknowledging the same thing , was declared in famous and set on the Pillory with a Paper on his ●ace , signifying his Fault , Iu●y 6. 1669. Barclay contra B●rclay . Witnesses ex officio being examined were admitted to take away a Bond wholly blank , or blank in the Creditors name , F●bruary 2 , & 3. 1670. Iack contra Boyd of ●●nkil , and the Earl of K●ng●orn con●ra Laird of P●●arro . Witnesses ex officio were examined anent the being of a Bond amongst the Writs of a Creditor or his Factor , that thereby the debitor might be liberat of the Bond as being retired , but was not admitted to prove payment or sa●isfaction thereof , though it was an old Bond , without any diligence or payment of annualrent for a long time , February 14. 1671. N●●peir contra Earl of Eg●●toun . Witnesses ex officio were examined in a circumvention for annulling a disposition made by a simple per●on of his whole Esta●e , without reservation , on these points , whether the writ was read to him when he subscribed , whether he was drunk , so that rea●on and judgement was disordered , and what motives were used to make him subscribe , Iuly 11. 1671. Stev●ns contra Ne●lson . WITNESSES INSERT in a writ and the Writer were ●ound to have ●ccession as users of that writ as false , yet was examined , though they were socij crimin●s , and Forgers by their own confession , being in an imporbation ▪ Ianuary 26. 1670. Lady To●vi● contra Cap●ain Barclay . A WODSETTER was found to comp● for the superplus above his ●en● , though the Wo●set wa● before the Act of Parliament , 1661. betwixt Debitor and Creditor , albeit therein the Vsurpers Act , and all such Acts made or to be made were ●enunced , Ianuary 29. 1662. Laird of Laming●oun con●ra Che●slie . A wodset bearing in the Reversion a Tack ●a● within the worth of the Land to be given after Redemption , was sustained as not Vsur●ry , but the Wod●etter was at a great loss by a Liferent med●o ●●mpore , Iune 21. 1662. Laird of Polwar● contra Hu●● . A Wodsetter pursuing for his money , was found not to have access thereto tilll he recovered the Possession taken from him by a third party intruding , seing he did not de recenti intimate the in●rusion , and demand his money , February 17. 1665. Hopringle of Torsonce contra Ker of S●nderland-hill . A Wodset being redeemed● upon an Order used , though without citation of all parties having interest at the Mercat Cross on the declara●or , albeit thereby the Wodsetters Wi●e , who had a base subaltern infeftment from him in Liferent , was excluded , and the Redeemer was not found obliged to know the same , albeit registrate in the Register of Seasines , Iuly ●7 . 1665. Hamiltoun contra her Tennents . A Wodset by a Father to a Son redeemable by the Father during his Li●e from his Son on a Rosenoble , be●ng craved to be declared , the Son having appryzed , and thereupon alleadging that he had right to the Reversion a● and while his A●pri●ing were Redeemed , and till that , his Father could not Redeem . which at first was susta●ned , the case of the Son being favourable , the Father having disponed the whole right to a second Wi●e , but being thereafter deba●ed in presentia , the Lords were of different judgements and decided not , in respect the case seemed to hinder Debitors to Redeem a●terior Compryzings , till they Redeemed all pestelor Compryzings , December 5. 1665. Reg contra ●eg . A Wodset containing a Clause of Reversion for granting a Tack for certain years after the Redemption , was found not to be derogat from by the Act betwixt Debitor and Creditor , but that it might be quarrelable by the Act 19. Parliament 1449. If the Tack were set but about the half of the true Rent as it was worth the time of granting the Wods●t , and so being Vsu●ary , ● February 15. 1666. Lord L●y contra Porteo●s . Wodsetters having Wodset before the Act of Parliament 1661. were found comptable for the super●lus more than pays their Annualrent , not from the date of the Act betwixt Debitor and Creditor , but from the o●●er made to give them security upon quiting their Wodsets , and that notwithstanding there was in the Wodset a Clause Renuncing the Vsurpets Act , suspending the payment of principal sums , and ordaining Lands to be taken in satisfaction thereof , and all Acts of that nature , and albeit there be an exception in the said Act , when the benefite of such Acts are Renunced , which was not found to relate to the Clause anent Wodsets , which is posterior to that exception , February 21. 1666. Lord Borthwick contra his Wodse●ters . Wodsetters before the Act 1661. choosing to retain the possession , were found comptable for the superplus , not from the Summons , but from the date of the offer to find Caution , which was admitted after the Citation , but it was found that the Wodsetters were not bound to declare their option , whether to quite the Wodset or restrict till Caution were offered , February 12. 1666. Ogilbie contra A Wodsetter by his Wodset being obliged upon payment to Renunce , and by his missive Letter acknowledging payment , his Son and apparent Heir having received a disposition of his other Estate without a Cause on●rous after the Wodset , but before the missive Letter , was found lyable as l●crative Successor to enter to the Wodset Right and to Renunce , Ianuary 15. 1668. Earl of Kinghorn contra Laird of Vdn●y . A Wodsetter was found comptable for the superplus after o●●er to find Caution , though he had a posterior Ratification and ●ik after the Act 1661. Iune 19. 1669. Scot contra Langton . A WRIT ●iz ▪ a Bill of Exchange by a Drover sub●cribed only by a mark , and another hand writing such a mans mark , The Lords did not allow it as probative , but before answer ordained the writer and witnesses to be examined ex officio , February 26. 1662. Brown contra Iohnstoun of Clacharie . A Writ was sustained though subscribed but by one Nottar , being a Contract of Marr●age , whereon Marriage followed , Iuly 19. 1662. Breadi● contra Breadie and Murie . A writ was found not to prove , being the Act of a Town Council without Citation or Subscription of the party , bearing consent to a penalty imposed upon unfree-men . February 13. 1663. Town of Linli●hg●w contra unfree-men of Borrowstownness . A writ was sustained though not delivered being in ●avours of the granters Son though a Bastard , February 25. 1663. Aik●nhead contra Aik●nhead . A writ wanting w●tnesses designed , was not sustained simply on designation being a very old writ without other adminic●es to astruct , seing the improbation by such witnesses being dead , was not competent as in recenti , Iuly 15. 1664. Colvil contra Executors of the Lord Colvil . A writ viz. a Bond was found not taken away by witnesses offering to prove payment ▪ though the Bond was made in England to English-men , where that probation is competent , being made by Scots-men residing in Scotland and registrate here , and so to be regulat by the Law of Scotland , December 8. 1664. Scot contra Anderson and Neilson . A writ was not found null as wanting Writer and Witnesses insert , being made secundum consuetudinem loc● in Ireland , Fe●uary 1. 1665. Elphing stoun of S●lmes contra Lord Rollo . A writ quarre●●ed as null ▪ the witnesses not being designed , was not sustained , unless living witnesses were condescended on , or adminicles to astruct the verity of the debt , February 3. 1665. Falco●er contra Earl of King●orn . A writ alleadged null because the writer was not designed ▪ was sustained upon designing the ●riter , albeit the writ was old and appeared to have been blank in the sum , Creditor , and Debitor Decem. 5. 1665. Cunninghame contra Duke of Hamiltoun . A writ viz. a Bond was taken away by this manner of probation by oath that it was for a Prentice-see , and by witnesses that the Prentice was put away within a year and an half after the entry , as to a proportional part of the Prentice-see to the time thereafter , Iune 15. 1665. Aikman contra A writ being no compt Book but some louse Scheduls , was found not probable to instruct a debt against the writer of it , who deponed that he wrot the same , but declared also that he had payed the sum , Iuly 1. 1665. Nasmith contra Bower . A writ wanting witnesses being offered to be proven holograph , albeit it cannot instruct its own date , or that it was subscribed before the Defunct was on death-bed , yet the alleadgance on death-bed was not sustained by way of exception or duply , Ianuary 11. 1666. Sea●on and the Laird of Touch contra Dunda● . A writ being an assignation to an appryzing , was taken away partly by the assigneys oath , and partly by witnesses ex officio , proving that the appryzing with the assignation blank in the assigneys name was retired , and lying by the assigneys father who was debitor in the sums and amongst his writs the time of his death , February 27. 166● . Creditors of the Lord Gray contra Lord Gray . A writ was not sustained as having but one witne●s to that subscription , though another witness generally designed , deponed he saw not that party subscrib● , but that the subscription was his hand-writ to the best of his knowledge . and several other subscriptions were adduced to as●ruct the same comparatione l●terarum , seing there were not two witnesses insert to this subscription , Ianuary 4. 1667 , Dow of Ar●ho contra Ca●pbel of Calder . A writ being a discharge by a Master to his Tennents was sustained , though without witnesses and not holograph , and without necessity to prove the truth of the Subscription in respect of the common custom to take such discharges , Iuly 4. 1667. S●haw contra Tennents . A writ being a bond was found not probative , having only the clause of Registration and Subscription on the one side ▪ and all the rest on the other side with another hand , unless it were astructed with other evidences and adminicles , Iuly 16. 1667. Hamil●oun contra Symontoun . A writ subscribed by Nottars was sound null because the Nottars subscription said that he subscribed for the party , but bear not at his command , which was not allowed to be astructed by the witnesses insert , Iuly 26. 1667. Philip contra Cheap . A writ being a Bond subscribed with initial Letters was sustained , it being found proven the debitor was accustomed so to subscribe , and there being three Witnesses and the Writer examined , whether de facto he subscribed the Bond , two affirmed , and two denyed their subscriptions , the Creditor● oath being taken ex officio , affirmed the truth of the debitors subscription , who being a person of good fame and credit , and no improbation insisted in , the Bond was sustained , Novomber 16. 1667. Laird Cult●ra● contra Chapman . A writ having lyen 33. years dormi●nt , witnesses and arbiters were examined ●x officio , whether or not the writ was put blank in the arbiters hands , and being found by the party filled up with five times so much as was their mind , though there was no adminicle in writ to evidence the cause thereof , upon consideration of the long latency of it and the necessity of money the party was in who had it , Ianuary 6. 1668. Chis●h●lme contra Rennies . A writ subscribed by a principal party and certain cautioners , bearing the day , place and witnesses of their subscription , and af●er the witnesses names bearing as subscribed by another party as Cautioner at blank , without any thing following either of the date or witnesses ; The Bond was not sustained against that Caut●oner upon the Creditors condescending on the date and witnesses to be the same with these of the principal and the other Cautioners , but the Lords ex officio ordained the witnesses to be examined whether they saw the Cautioner in question subscribe with the principal and other Cautioners , reserving to their own consideration what the Testimonies ●hould operat , Ianuary 24. 1668. Magistrates of contra Earl of Findlator . A Writ wanting witnesses being pursued on against the subscribers Heir , and being offered to be proven holograph , he was admitted to alleadge that though holograph it could not prove it self to be of the da●● it bear , but was presumed to be subscribed in l●cto , which was sustained being thus proposed without a Reduction , seing the Bond was not sufficient of it self but needed probation , and the alleadgeance of death-bed was instantly verified by the presumption of Law , that the writ instructed not it self to be before the Defuncts sickness , November 14. 1668. Calderwood contra Iohnstoun . A writ requiring two Nottars , subscribed but by one was found to be valide , if the verity of the subscription were proven by the subscribers oath , and that it might not be res●led from , but that the oath might not be taken in prejudice of an Assignay for an onerous cause , December 18. 1668. Swintoun contra Brown. Writ cannat be taken away by witnesses , was ●ound not to infer that witnesses cannot be admitted to prove a Bargain anteriour to the writ , upon which bargain the writ may be reduced as posterior in prejudice of Creditors , seing the payment or discharge of the writ is not proven by the Witnesses , Ianuary 21. 1669. Creditors of Pollo●k contra Pollock ▪ A writ being a Bill of Exchange subscribed only by a mark and not initial Letters was found to prove , there being some witnesses who deponed they saw the mark put to , and others that the party being a Merchant Drover was accustomed so to subscribe Bills of considerable sums , which were ordinarly accepted , and answered by him , but this being the first writ sustained by a mark , was only approven by all the circumstances and not to be drawen in example , many of the Lords being contrary to the allowing this or any such , February 1. 1669. Brown contra Iohnstoun of Clacharie . A writ being a Tac●● was found null , as not being subscribed by two Nottars , though it was subscribed by one and a judicial act of Ratification thereof in a Baron Cou●t , which was not found to supply the want of the other Nottar , seing the first Nottar was Clerk of the sam● Court , and all was but one assertion , December 18. 1668. Swintoun contra Brown. FINIS .